Sits <Sa2?tteJ
Friday Morning,.. February 2, ISO 6.
LIGHT FROM DARKNESS.
The Pittsburg Gazette, begrimed j
alike with the soot and ashes of the
black hole in which it is printed, and
the smut and pitch of negro politics in
which it revels, radiates the following
etreak of light upon the astounded legal
profession of the state:
"VOTES OF DESERTERS.— The queer
decision of Judge King, of the Bedford
district, that Congress cannot, without
trial, disfranchise a deserter, has been
reversed by the State Senate, which on
Thursday ousted Mr. Duncan, the Dem
ocratic Senator from Adams, on the
ground that he was elected by the votes
of deserters; who were permitted to
vote by the Democratic election judges
of that county. It is understood this
decision of the Senate was reached un
der the ad vice of the Attorney General.' !
That such an ass as the author of the
above should be tolerated as a writer
for a newspaper, seems almost beyond
belief, as the only quality which he ap
pears to possess that would recommend
him even to the publishers of the Pitts
burg Gazette , is that of telling the plain
est falsehood with the coolest nonchal
ance. This profound lawyer styles
Judge King's decision a "queer" one.
Why? Because the Judge holds that
Congre&s cannot di>franchiseany citizen
without due process of law! That is, a
man must have been tried for, and con
victed of, desertion, before he can be
punished as a deserter. Was Mrs. Grind
er, the murderess, hung before she was
tried and convicted? And are men ac
cused of the crime of desertion, to be
disfranchised before they have been
tried and convicted? Judge King did
not decidethat "Congress cannot, with
out trial, disfranchise a deserter ," but
that no man can be deprived of his cit
izenship without due process of law,
and, therefore, that no man can be dis
franchised as a deserter , until he shall
have been convicted as such by due
process of law. Did the Pittsburg Ga
zette never hear of the old legal maxim,
"Every man is presumed innocent until
proved guilty?"— But, says our astute
legal critic, the decision of Judge King
"has been reversed by theStateSenate!"
Whoever heard of the State Senate be
ing a part of the Judiciary! Whoever
heard of an appeal being taken from
the Court of Common Pleas to a eom
mitteeof theStateLegislature! "Here's 1
richness for you." as Mr. Squeers would
have said. It is true that a majority of
the committee of the State Senate,
drawn to decide the contested case ol
Meosrs. Duncan and McConaughy, did
oust Mr. Duncan, on the ground that
his majority was composed of the votes
of deserters. But this was a mere par
tizan decision, all the "Republican-"
on the committee holding one view,
and the only Democrat on the commit
tee entertaining the opposite. It is well
known, and the writer for the Pittsburg
Gazette knows it, if he knows anything,
that committees drawn to decide eon
tested election cases, have no great re
gard for fairness, and much less respect
for legal points that happen to project
across their path. They decide the cases
that come before them, according to
their political bias. Their decisions are
not authority, for a committee drawn
to-morrow, opposed in politics to Mr.
McConaughy, could and would give the
seat to Mr. Duncan, and their report
would be as binding upon the Senate
and all interested, as that of the former
committee. Again, we are informed,
by the knowing fellow who perpetrated
the above, that "the decision of the
Senate was reached under the advice of
the Attorney General." In the first
place the Senate made no decision. Six
"Republican" members of theeommit
tee drawn to try the case referred to,
reported that McConaughy was entitled
to the seat of Mr. Duncan; the only
Democrat on the committee, reported
that McConaughy was not entitled to
the seat, but that Duncan rightfully j
held it. The Senate took no vote upon
either of these reports, and never will
vote upon them, because the report of
the majority of the committee is con
clusive of the case. Therefore, this
"decision" is not that of the Senate,
but only of six "Republican" Senators.
Secondly, the Attorney General was not
consulted by the committee. The prop
osition to refer the "deserter" question
to the Attorney General, was made by I
Mr. Duncan and the Democratic Sena-,
tor on theoommittee, Mr. Montgomery.
It was voted down, all the "Republi- 1
can" members of the committee, except
Mr. Lowry, voting against it, whilst
the last named gentleman and Mr.
Montgomery voted for it. It was well
understood that the Attorney General j
would take the same view entertained
by Judge King, which would have been j
equivalent to Mr. McConaughy's defeat.
It was for this reason that the commit
tee refused to refer the matter to Mr.
Meredith.—We have made this notice
of the mendacious article copied above,
in order, first, to shield the judiciary
from an attempt to degrade that impor
tant and dignified branch of our state
government beneath the petty author
ity of a legislative committee, appoint
ed from a partizan majority, to assure
theattainmentof partizanends. Again,
we deemed it our duty to expose the
ill-contrived, but malignant trick, by j
which the ability and honesty of Judge
Kingasajurist.aresoughttobe broughtj
into ridicule. Whether we have accoua-1
plishedour purpose, let the candid read
er decide.
JIUtiE KING ON THE ELECTIVE FRAN
t il ME.
We publish, in another column, the
decision of His Honor, Judge King, in
the contested election case of Howe vs.
Stenger, which was heard by the Court,
at Chambersburg, on the 16th ult.—
Messrs. Rowe and Stenger were oppos
ing candidates, at the late election, for
the office of District Attorney. Mr.
Stenger was given the certificate of e
leetion, by the board of Return Judge-,
it appearing that he had received a ma
jority of the votes returned. Mr. Rowe,
however, filed a petition in Court, set
ting forth, among other thing.-, that
the majority of Mr. Stenger was com
po-ed of the votes of "deserters," and,
therefore, was not a legal majority.—
To this allegation, Mr. Stenger respon
ded:
Ist. That the election laws of this
: Commonwealth are exclusively within
the complete and absolute control of the
State authorities and cannot lie modi
fied or changed by Congress.
2nd. That the act of Congress t>f March
3d, 1860, so far as relates to all persons
drafted into the military service of the
! United States, prior to the passage there
: of, is an ex post facto law and therefore
| unconstitutional and void.
3d. That if the act be Constitutional,
the voters referred to, in the petition,
| could not be disfranchised, without
I hearing and trial according to the law
1 of the land. •
Judge King declined to give an opin- j
ion upon the first two points of the re
spondent, but sustained the third one,
and upon the grounds therein stated,
quashed Mr. Howe's petition. We have
read with more than ordinary pleasure,
the Judge's noble words in defence of
the rights of the citizen. Thank God,
that we have a man upon the bench,
who dares to say, in these degenerate
times, u No man can be deprived of life,
liberty, or property. unless by the judg
ment of his peers, or the law of the land.!''''
These are words that contain a princi
ple eternal as liberty itself. They should
be engraved upon every freeman's j
heart. They are like "apples of gold
in pictures of silver," alike beautiful I
and precious. Let Judge King be hon
ored and respected for this decision.— :
Though differing from him politically,
we feel it our duty to commend his con
duct in this case and to bespeak for him
the thanks of those, who, like us, do
not approve his politics, yet must ad
mire hL course as ajurist.
P-H-E-W ! Phansy our pheelinks!
We have been prosecuted for libel by
"Governor" Cessna! We, Meyers and
I Mengel, together with that other awful
reprobate, O. E. Shannon, have been
! held, severally, in three hundred dol
lars bail, for publishing sundry "ma
i licious and defamatory articles" on
the character of the future chief mag
istrate of this great Commonwealth.—
Well, all we ask is to IK 1 permitted, up
-1 on our trial, to give the truth in evidence,
and if we don't prove ail we ever said
j or printed about the gentleman, he
may, in future, give railroad passes to
whomsoever he pleases. Now, all
whom it may concern, take notice, that
[ if the Court will permit us, ire will prove
! to be true all that ire ever said of John
Cessna, AND'A GOOD DEAL, MOKE! If
j Mr. Cessna wants to vindicate himself,
let him demand that we prove what we
alleged against him,—and let him not
i hide his character behind any legal
quibbles. The public shall see whether
he will face the music.
ISN'T it a little queer that two of the
most prominent men in Mr. Lincoln's
cabinet, are now acting with the Dem
ocrats? Hon. Edward Bates, Attorney
General under Mr. Lincoln, is doing
noble service in favor of the repeal of
the oppressive constitution, forced upon
his State, Missouri, at the point of the
bayonet. Hon. Montgomery Blair,
Mr. Lincoln's Postmaster General, is
also battling nobly for civil liberty in
Maryland. These distinguished gen
tlemen have both been driven out of
their party, and into the Democratic
ranks, by the radicalism of the men
who control the "Republican" organi
zation. Messrs. Cowan, Doolittleand
Dixon, three of the ablest men in the
U. S. Senate, are also compelled to act
with the Democrats, on the leading is
sues of the day. When these men find
it necessary to pursue this course, there
must be "something rotten in the Ab
olition Denmark."
WE publish elsewhere "a card" from
Col. Fr. Jordan, and as it reflects rath
er severely upon our future Governor's
character for truth and veracity, we
hope he will at once bring anoth'er libel
suit to repair this additional damage to
his reputation. But, please, John,
don't include Jordan in the prosecu
tion, as we want him for a witness.
THE BLACK LIST.
Keep it before the people that all the
"Republican" members of Congress
from this State, except Mr. Culver, of
Venango, who dodged, voted for the
bill to force Negro Suffrage upon the
people of the District of Columbia. The
names of these Congressmen are:
0. O'NEILL, U. MERCUR,
L. MYERS, G. F. MILLER,
W. D. KELLEY, A. A. BARKER,
M. R. THAYER, S. F. WILSON,
J. M. BROOMALL, G. W. SCOFIELD,
THAD. STEVENS, J. K. MOOREIIEAD,
THOS. WILLIAMS, G. V. LAWRENCE.
TIIE Philadelphia Age has unearthed
a letter written by the hon. johu eena to
a citizen of Southampton township, this
county, which will be found elsewhere
in this issue. V edoubt not the injured
j. c. will at once proceed to prosecute
the proprietors of the Age for libel. It
is an outrageous thing to publish this
letter and thus to prove that the people
of Southampton township have at last
known its author long enough to find
| out that he did "deceive them" and
i "lie to them." Besides, it is manifest
; ly gotten up "for the purpose of injur
j ing his election." It is really too had
that this patriot should be so much in
! terfered with in his efforts to serve his
i country.
WE are under obligations to Hon.
| G. W. Householder, of the State Senate,
for copies of the Ley'ishitive Recoref.
.. -. L- i l ■J.tu- L. U-J.
POLITICAL M:\VS.
—Preacher Evans, of Bedford, Indi
ana, an elector on the "Republican"
ticket, during the last Presidential
campaign, although a married man,
has run away with the wife of one
Thomas Johnson. He isopposed to the
"twin relics of barbarism, polygamy
and slavery," especially the former.
—Hon. Geo. Sanderson has been re
nominated by the Democrats of Lan
caster city, for the office of Mayor, and
Samuel Huber, for High Constable.
Col. Sanderson is one of the best men
in the state and deserves to be Mayor
of Lancaster the remainder of his life.
—The Cambria county Democratic
Convention has elected Philip Collins,
Esq., delegate to the coming State Con
vention, with instructions to support
Hon. R. L. Johnson, of that county,
for the nomination for Governor.
—E. B. Dougherty, Esq., is the rep
resentative delegate from Beaver coun
ty, to the Democratic State Conven
tion. S. B. Wilson, Esq., is the sen
atorial delegate.
—Geo. R. Snowden is the senatorial
delegate to the Democratic State Con
vention, from the Venango district,
and Gen. Alfred B. McCalmont, repre
sentative.
—Alexander Cummings, of "red her
ring, scotch ale and straw hat" memo
ry, has been appointed, and confirmed
by the C. S. Senate. Governor of Colo
rado territory.
—At a special election held in Queen
Anne's county, Md., on the 15th ult..
for member of the House of Delegates,
Lemuel Roberts, Democrat, was elect
ed over D. H. Crane. "Republican."
—The whole Democratic ticket, from
Mayor to ward officers, was elected in
Wheeling, W. Va., the other day. Ab
olitionism is evidently on the wane in
! Western Virginia.
—A bill is before tiie Legislature to
disfranchise persons who evaded the
j draft. Whilst negroes are given the
1 right of suffrage, white men are being
deprived of it.
—A State Convention of the people
of Maryland, to urge the repeal of the
i Registration law, has just been held in
I the citv of Baltimore.
-Geo. A. Smith, Esq., Ims been elec
ted delegate from Fulton county,
to the Democratic State Convention,
without instruction-.
—Hon. John G. Davis, long 1 a distin
guished member of Congress from In
diana. died of apoplexy, a few days
ago.
—Secretary Harlan will retire from
the cabinet very soon. He has recent
ly made a Negro Suffrage speech.
—The "Republicans" of Allegheny
county have nominated Hon. J. K.
Moor head for Governor.
—The Kentucky Senate has resolved
to postpone the election of United
States Senator.
BOOKS AM> PKKIOOK AI.S.
THE OLD GUARD FOR FEBRUARY.
—The February number of this maga
zine is before us. It has a steel plate
portrait and a sketch of Gen. Stonewall
Jackson. The leading article is on the
late "Lord Palnierston and his Policy."
The feature of this number, however,
are the fir.-t chapters of an original and
thrilling romance of the war, by a south
ern author, entitled 'BERTHA SEELY,
THE HEROIXE OF THE OLD I >OM I XIO.V.'
Among the other articles may be men
tioned, "Review of President Johnson's
Position;" "Pen Pictures of Puritan
ism, chapter II.," and several pieces of
poetry. The Editor's Table is also full
and piquant as usual. Van Evrie, Hor
ton A- Co., publishers, New York. Single
copies, 25 cents ; .*:{ on per annum.
PETERSON'S MAGAZINE.— The Feb
ruary number of ''Peterson" is full of
interest, especially to the ladies. The
fashion-plate, 'bv Illman brothers, is a
fine engraving. The "Little Strawber
ry Girl," is also very pretty. "My
Philip," a story by F. L. Benedict, is
decidedly good. "Peterson" is always
readable and entertaining.
THE LADY'S FRIEND. —The Februa
ry number of this beautiful magazine
opens with a touching picture (steel en
graving) entitled "News from the War."
The large colored Double Steel Fashion
Plate in this number, is refined and el
egant. The literary matter is also good.
HARRISBITKC BETTER.
Siul i iimlifloii of llu'Miiti- Finanrosi: Stall! j
linnila kvliiH par; Partiznu and Clasa
loffUlation ; IMiiifnb<>rm>nt of a Judi
cial district; The "more iuijiartial" se
lection of iurnrs: Xiejrr© suffrage in the
Senate: llottseholder's bill to rovolii
tionizethet otnnioii School system: The
'•Old Hostile" purified. Ac.. Are,
HARRISRTRG, Jan. 30, 1860.
EDITOR GAZETTE:— Of all the poor,
contemptible, drivelling legislative bo- j
dies ever inflicted upon the State capi- !
tal, the present G-neral Assembly is \
certainly ahead. Vs characterized by j
one of its membeis, a few days ago, it j
is "lying around loose.'' Nothing has j
yet been done, of importance, in the;
way of legislation. The financesof the I
Commonwealth ar- in a sad condition,
but nothing is sugfested by our legis-;
lative Solons to reuedy the trouble.— |
Pennsylvania Statr bonds are now quo- 1
ted at 86; that is a bond of u thousand j
dollars can lie bought for eight hundred j
and sixty! Thisdoreeiationshould not
necessarily lie; for the Commonwealth
is good for all she owes, and it is a (lis- \
credit to her name that her stocks are ,
so much under pai
Instead of attending to the real wants
of the people and legislating for the i
masses, the presontLegislature occupies j
its time almost wildly with special and |
class legislation. For instance, a new I
| judicial district is about being erected
out of the counties of Washington and j
Beaver, though it is generally conceded
that there is no earthly necessity for this j
I proceeding. Tlumotive which operates j
in the mind- <f the authors of this
scheme, i- politeal hostility to Judge j
Gilmoro, the abb and accomplished ju- j
rist who presues over the Fayette, |
; Greene and Wellington district. An
effort was madeto dismember tlii- dis
trict, two years igo, but it did not sue- j
coed. But as potter slips from the hands
of the faction wheh at present rules the j
roast, the morefantastie become their
tricks and the more despenite are their
I struggles for th* loaves and fishes.—
j Another example of cla-s or partizan j
legislation, are the bill- for "the more |
| impartial selectiin of jurors" in certain
counties. Iftheold system of selecting
jurors, is wrong n one place, it must be
in another; andif itistobeoverturned
in one county, ivhy not do away with
it over the while state? Besides this 1
partizan legislaion, there is nothing;
that occupies tie attention of our legis- j
lators so much JS the everlasting, irre
pressible negro A few days ago, Mr.
Landon, of the Bradford district, offer
j ed. in the Senate a series of resolutions
endorsing the nurse of the "Republi
can" members of Congress from this
.State, in votingto force Negx-o Suffrage
upon the peopfe of the District of Co
lumbia. All tie "Republican" Sena
tor-, except two voted for these resolu
tions, and all tie Democratic Senators
voted against tlum. Ridgway,of Phil
adelphia, and Iliuseholder, of yourdis
! trict, dodged. bo-morrow the resolu
: tions will again nine up, when, I have
no doubt, the-e refractory gentlemen
j will be whipped into the traces. Thus,
at last, have the "Republicans" openly
1 committed themselves to Negro Suf
frage. Mr. Householder, your Senator,
has gotten up a bill to ?volutionizethe
| financial part of our common school
' system. The plan is not without merit,
tnit whenever he getstheLegislature to
adopt it. 1 hope he will let us all know.
The Democrats of his city haveleas
; ed the old "bastile"ou Walnut street,
just below the Stste Capitol Hotel,
where they have regular meetings, once
a week, which are addressed by the
Democratic members of the Legislature
and distinguished Democrats from a
broad. Hon. C. L. Pershing, of Cam
i bria, delivered a very able address, be
i fore the Democracy of the city, assem
bled here, a few evenings ago. How
true that "time sets all things even!"
j A few years ago the persecuted Demo
crats of Clearfield county, suffered ini
i prisoument in this dungeon, for opin
ion's sake. Now, the triumphant De
mocracy of Harrishurg. march in the
majesty of unrestrained liberty, to meet
ings held in the interest of human fretv
; dom, in this place c.caused and purified
from the tilth and vermin that marked
the track of the brutal oppressor. So
mote it be, is the prayer of LEX.
From tlx Pftila. Ayr.
A Week Invention of the Enemy.
Certain malicious person have set on
foot a tale, which has gained consider
able currency during the past year, to
the effect that the Hon. John Cessna
had not only gone over to the Abolition
ists but was actually intriguing for the
Republican nomination for Governor.
Soartfully was tliis story concocted, and
so often was it repeated, without contra
diction, that even we fell into the griev
ous error of believing it, and, we fear,
have assisted (innocently, but none the
less effectively i in gaining general cre
dence for it. 11, therefore, becomes not
only a pleasure but an imperative duty
that we should, at the earliest possible
moment, contradict this statement to
which we have given publication, and
which we have Mr. Cessna's own au
thority for pronouncing "false from the
ground up." That gentleman, it i
true, is a candidate for the exalted sta
tion of Governor, but it must he the
Drmocratir nomination he i- seeking,
and the allegation that he was intrigu
ing for the support of the Republicans
is, to use his own forcible language,
"made up by his enemies for the pur
pose of injuring hi- election." We
publish Mr. Cessna's explicit and satis
factory letter in full. It is addressed
to a private citizen of Bedford county:
DEAR SIR : I hear that there are many reports
about rue in Southampton township. Some of them
are as follows:
1 That I have turned my coat.
2. That I nm a Republican
3. That I aui an Abolitionist.
4 That I want to set the negroes free. Ac., and
perhaps several others.
Now. f fully authorize you to say tor me that
there is not one word of truth in any of theaechar
ges. They are nil false from the ground up. They
are made up by my enemies tor the purpose of in
juring my election I hope the people of South
ampton township have known me too long to sup
pose that I will deceive them or lie to them.
I defy the worst enemy T have to point to any
act I ever did. or any vote 1 ever gave in the Leg
islature. or anywhere else, that was not strictly
Democratic. Yours in haste,
JOHN CESSNA.
—The New York Baity News has a
special despatch, stating that at a recent
interview with Mr. Bigelow, the Em
peror Napoleon expressed a determina
tion to preserve amicable relations with
the United States, but intimated that
he would not abandon Maximilian.
OPINIO* OEHWnONOR. Jt'DOEKIKO. 1
In lli- matter oi the rontintMl election i
for IHMriet Attorney for the County of j
franklin. I>. Walton BWf v, Win. H I
Kteiitjcr.
This case comes before us on the pe
tition of twenty or more of the qualifi
ed electors of the county of Franklin,
complaining that Win. S. Stenger was
not duly elected to the office of District
Attorney; thattheelection was undue,
and 1). Watson Itowe was duly elected
to said oftice.
The respondent has filed a motion to
quash this; petition for the following
reasons;
Ist. Because said petition was not fi
led within ten days after the election j
for said office of District Attorney, held !
on the loth day of October, 1865.
2nd. Because said petition was not
filed until after the time of sw earing j
the said Win. S. Stenger into office had !
expired, nor until he was in fact sworn
into said office without any objection
being made.
fid. Because the said petition is too
vague, indefinite and imprecise to enti
tle it to a hearing.
ttli. Because it does not appear that,
if all that is stated upon the face of the
petition was proved, the result of the
election would be changed, or that the
Court would be compelled to declare
the election an undue election.
sth. Because, even, if it be true that
the alleged persons named in the peti
tion. were deserters from the military
j seviee of the United States, and that
they did vote for the -aid Wm. S. Sten
ger" still said persons were qualified e
lectors of Franklin County and this
Commonwealth, notwithstanding any
thing in the Act of Congress of March
fid, 1865; entitled "An Act to amend
I the several acts heretofore passed,_ to
! provide for the enrolling and calling
out the National forces and other purpo-
ses." A
The first reason assigned has not been
pressed, and but little stress has been
laid on the second, by the counsel for
the respondent; and the views we are
about to submit on the principal ques
tion in the ease, as presented by the
fourth and fifth reasons, render it un
necessary to express any opinion upon
the third reason assigned.
Wecome, therefore, to consider wheth
er the votes of Curtis Dulabon, George
Miller, John Tallhelni and Abraham
Sheely were illegal, on theground that
these voters, had been drafted into the
military service of the United States,
and had failed to report to the provost
marshal of the 16th District Pennsyl
vania, composed, in part,of the county
of Franklin.
The counsel for the respondent make
these J mints:
Ist. that the election laws of this
Commonwealth are exclusively within
the complete and absolute control of
the State authorities and cannot he
modified or changed by Congress.
2nd. That the act of Congress of
March fid, 1865, so far as relates to all
persons drafted into the military ser
vice of the United States, prior to the
passage thereof, is an ex po*t facto law
and therefore unconstitutional and void.
3d. That even, if the act be Constitu
tional, the voters referred to, in the pe
tition, could not l>edisfranchised, with- :
out hearing and trial according to the ;
law of the land.
The first and second of these points \
involve questions of very grave im-1
portance and require time for their in
vestigation ; and having arrived at
the conclusion that the provisions of
the act of Congress cannot be enforced
in this case; for the reasons we shall
presently note, we express no opinion
in regard to them.
That Congress has no power to pun
ish desertion, or refusal to report when
drafted, or for evading the draft by
leaving the jurisdiction of the United
States, we entertain no doubt; and no
punishment that can lawfully be inflic
ted for such offenses can be too severe.
These are crimes against the country
of the most dangerous tendency, and
admit of no palliation or excuse; and
it is on account of their very enormity,
that we hold that no man ran justly
anil lawfully be deemed guilty of them,
until such guilt has been judicially es
tablished. No man can be deprived of
life, liberty or property unless by the
judgment of his peersor tin* law of the
land. Both the federal and State con
stitutions guarantee this fundamental
right to every citizen. Have these
safeguards been provided, in the organ
ic law of the federal and State Govern
ments, for no purpose? is there any
dearer rightthan the elective franchise,
and is that left entirely without protec
tion? We can best answer these preg
nant questions by quoting the eloquent
language of Justice Coulter, in the case
of Brown vs. Hummell. 0 Barr 61—
"The talismanic words. I am a citizen
of Pennsylvania, secures to the indi
vidual his private rights, unless they
are taken away by a trial, where he
has an opportunity of being heard, by
himself, his counsel and his testimony,
man majoriuai , according to the laws
and customs of our fathers, and the se
curities and safeguards of the Consti
tution. .Sir Edward Coke defines the
meaning of the words, hy the lair of
the Iwiil —for they were used in mayiui
chart a, and have been sprinkled with
the tears and blood of many patriots—
to be a trial by due course and process
of law. *" it is against the princi
ples of liberty and common right to
deprive a man of his property or fran
chise, while he is within the pale of the
Constitution and with his hand on the
altar, without hearing and trial by due
course and process of law. 1 ' In anoth
er part of the same opinion he speaks
of the right of suffrage as the most im
portant of all a man's franchises and
asks: "Who does not feel its value;
and who but would turn pale if he
thought he could he deprived of it
without hearing or trial." These fun
damental principles of civil liberty,
cannot be overlooked or disregarded by
the courts, to which we all look for pro
tection, without seriously imperiling
the safety of the people. It is a thou
sand times better therefore, that Mr.
Rowe should lose the office heclaims than
that hi.> right thereto should bo declared
by trampling under foot the sacred
right, to which we have just adverted,
that no man shall be condemned with
out an opportunity of being heard in
his own defence.
For the reasons we have thus hastily
and imperfectly presented, we sustain
the motion to quash the petition.
-The "trichine disease," a malady
resulting from worms found in pork, is
raging in Prussia, and causing a terrif
ic panic. At last accounts about three
hundred persons had been attacked, of
whom eighty died in great agony.
—There is a frightful mortality a
mong the negroes at Macon, Ga. Gut
of a black population of eight thousand,
five hundred have died in one week. —
This is in a community ruled by the
Freed men's Bureau.
—Many Ohio "Republicans" made
heavy bets on 30,000 majority for Cox,
their* candidate for Governor at the late
election. These bets were lost by just
01 votes.
—The Kentucky House of Repre
sentatives has again defeated the con
stitutional amendment abolishing sla
very*. Spunk to the backbone!
From the Bedford Inquirer
A CARD.
BEDFORD, Jan. 13, 1866.
1 take this occasion,and method, to:
tender my cordial and grateful thanks
to the political friendsin ltedford Coun
ty who so faithfully sustained me, un
der a storm of misrepresentations, in
the contest just closed.
In Mr. Cessna's reply of the 6th inst..
to my address of the 4th, are many un
warranted statements and personalities,
which I will allow to pass unnoticed.
1 may have been gravely at fault, as
he suggests, in not staying at home du
ring the war, to help him fight the par
ty battles in the county, and in not ad
dressing War meetings, and in aiding
in the trial of causes in court here,
whilst ! was absent in the public ser
vice; and I am willing to be punished
for such things, without making any
complaint. But, in his reply, he raise
a question of veracity in such a shape
and of such importance, I feel compell
ed to notice it briefly in vindication of
myself, and in justification of those
who so manfully -tood hy me.
The substance of my allegation was, |
that in May, 1865, 1 had an interview
and understanding with him, in Bed-;
ford, to the effect that he was to -up
port nic for the nomination and J was
to have a clear course in the county.
In his reply he trails this a "mistake;"
and endeavors to make it appear that
he only promisedtosupport me if nom
i hinted. 1 submit, if it la- not evident
from Iwith the flat* 1 and object of said
interview, that the subject matter of it
would naturally be, as it was, support
for the nomination, ond not support af
terwords. At that time I vou/d here had
no reason to doubt the latter.
II 'hits/ professing to reply to what oc
curred at that in'territ ir , he says: "On
the contrary, I told him distinctly that
that question'" (of being a candidate)
"would be left with ray friends, and
that when they determined it 1 would
inform him."
Now the unfairness of tiiisstatement,
to use no harsher term, must be mani
fest. when it is known that this quota
tion is what he told me, not at the Bed
lord interview, but at another interview
:at Washington about./?n: months after-
I wards. It occurred in this way : After
! the last October election. I heard a ru
mor that Mr. Cessna intended to be a
! candidate for Governor. 1 did not be
lieveit; but when he came to Washing
ton about the latter end of that month,
j or first of November following, 1 call
| ed upon him, and told him of the ru
jmor,and inquired if it was true. lie
: then told me what I have quoted above
] from his reply; and then, for the first
| time, did I know of his intention to be
| a candidate. At the same time 1 asked
i him when he would let me know his
| determination, and he replied at the
j meeting of Congress the first Monday
in December. He came to Washing
ton at or about that time, but did not
inform me; and when he next came 1
enquired of him whether or not he had
! concluded to be a candidate. Herepli
i ed in the affirmative; and that was on
i the 20th of December last.
FR. JORDAN.
< OV4.KKSMO.VAI. \E\VV
SENATE.
FRIDAY, Jan. 26.
A resolution was adopted instructing
! the Finance Committee to inquire into
■ and report as to the expediency of re
quiring directors of National Banks to
| give bonds for the performance of their
I duties. The House bill extending the
time for the withdrawal of goods for
consumption from public stores. Ac.,
was passed. The resolution offered for
appointing Provisional Governors in
the Southern States was then taken up
and discussed by Mr. Howe. He was
interrupted by a motion demanding a
reconsideration of the bill toenlargethe
Freedmen's Bureau, and asking a with
drawal of it from the House, to which
it had been sent, which was refused, hy
a vote of 22 to 18. The debate on Mr.
Howe'- resolution wa- then resumed,
and was continued for sometime. The
j hill to protect and maintain all persons
| in their civil right:- was next called up;
j hut. pending a speech on the subject
i from Mr. McDougall, the Senate went
■ into executive session.
IlOt'SE OF REPRESENTATIVES.
FRIDAY, Jan. 20.
A petition was presented from ten
thousand citizens and soldiers of the
United States asking for the equaliza
tion of bounties, and increase of pen
{ sions, and in favor of confiscating the
lands of Southern Rebels and donating
them to soldiers. A resolution was
passed directing the Committee on Mil-
I itary Affairs to report on the expedien
j cy of securing the construction of a
i military road from the western boun
! dary of Minnesota to the gold fields of
| Idaho and Montana, and of establish
i ing military posts along the line of
| route. A resolution was agreed to di
j reeting the Committee of Ways and
1 Means to inquire into the expediency of
revising the law of 1865, which prohib
its drawbacks on articles exported into
any foreign State immediately adjoin
. ing the United States. The considera
tion of the proposed amendment to the
Constitution, providing that represen
tatives and taxation shall go together,
and excluding negroes from the basis <>l
I representation where they are not al
j lowed the right of suffrage, wasresum-
I I ed. The question was debated until tin
! hour of adjournment with the under
standing that a vote was to he taken to
day, Saturday.
The Election Committee reported in
favor of the right of Alexander H. Cof
! froth to the seat from the Sixteenth
j Congressional District of Pennsylvania.
I The report was laid over.
iKon u i:\ii o.
' Thf I'rrui'h Troops not to l>t- ittiUruo 11
unless Mnximiliaii be exempt from A
nierie.-ni Intervention—The Af
fair—Protest of the Kreneti 4'oniinnnder
—The I nite<l Males Troops withdrawn.
N EW < MU.KA xs, Jan. 26. —Private in
formation received here from the city
, of Mexico, from a reliable source, as to
1 | the effect that the French troops will
1 not be withdrawn until the Kmperor
1 Maximilian is declared free from A iner
| ican intervention.
It is declared that Maximilian will
certainly not give any position in the
I Mexican army to any ex-< 'onfederate
i commander.
The commander of the French fleet
j off Bagdad, in the name of his Gover
n! ment, protested against the occupation
of the place by the United State* troops
! and those which had been sent over for
i the protection of the town and of Amer
| ican interests,and they wereeonsequent
'l ly withdrawn.
Many families living in Matamoras
j were fearful of further acts of
! ness.
! —The homestead of Henry Clay, con
sisting of three hundred and twenty
| five acres, has been purchased by the
Regent of the University of Kentucky
! for $90,600.
| —Brighaui Young and all his people
| are urging the admission of Utah as a
1 State into the Union. The matter is
j being considered by the Territorial
I Committee.
j —Ex-Governor Parsons and General
I Houston, Senators elect from Alabama,
t have arrived in Washington.
THE PRESIDENTS VIEWS.
HE DISAPPROVES OF THE NUMEROUS 00\
STITUTIOXAI, AMENDMENTS
Agitation ot Negro Eranoliise Consider.
Ml 111-timed, t uealleti for mid ealeuli/
(<j(l to do Harm.
HE DEEMS A CHANGE OF REI'RKSEX-
T VTION I N XEI/ESSA RY.
WASHINGTON, Jan. 28.—'The foliow
ing is the substance of a conversation
which took place to-day, I>etween tin-
President anda distinguished Senator;
The President said that he doubtt ii
tin- propriety, at this time, of making
any further amendments to the (Yinstf
tution. < ne great amendment had ui
ready lx?en made, by wliich slavery
had forever been abolished within thV
limits of the United States, and a na
tional guaranty thu- given that that
institution should never again exist h,
tiie land.
Propositions to amend the Constitu
tion were la-coming as numerous
preambles and resolutions at town
meetings called to consider the m.,-t
ordinary questions i-onnected with the
administration of local affair-. ,\u
this, in his opinion, had a tendency a,
diminish the dignity and prestige' B j_
tached to the Constitution of the coun
try, and to lessen the respect and con
fidence of the people in their great
charter of freedom.
If, however, amendments are to L
made to the Constitution, changing the
basis of representation and taxation,
(andhedidnotdecmtheniat all neces-an.
at the present time , he knew of nom
betterthana single proposition.embrac
ed in a few lines, making in each State
the number of qualified voters the bas
is of representation, and the value of
property the basis of direct taxation.
Such a proposition could he embraced
in the following terms;
Representatives shall be apportioned
among the several States which maybe
included in this Union, according to the
number of qualified voters in each State.
Direct tax shall he apportioned among
the several States which may be includ
ed within the Union, according to the
value of all taxable property in each
State.
An amendment of this kind would,
in his opinion, place the basis of repre
sentation and direct taxation upon cor
rect principles. The qualified voter
were, for the most part, men who were
subject to draft and enlistment when it
was necessary to repel invasion, sup
press rebellion and quell domestic vio
! lencc and insurrection.
They risk their lives, shed their blood
and peril their all to uphold the Gov
! eminent, and give protection, security
and value to property, it seemed but
j just that property should compensate
i for the benefits thus conferred by de
j fraying the expenses incident to its pro
: teetion and enjoyment.
Such an amendment the Presidental
; so suggested would remove from Coc
-1 gres- all is.-ues in reference to tin- ;>>-
I litieal equality of the races. It would
I leave the State to determine absolutely
the qualifications of their own voter
! with regard to color, and thus the num
ber of Representatives to which they
j would be entitled in Congress would
I depend upon the number upon which
j they conferred the right of suffrage.
The President, in this connection, ex
j pressed the opinion that the agitation
' of the negro franchise question in the
! District of Columbia at this time was
the mere entering wedge to the agita
tion of the question throughout the
State*, and was ill-timed, uncalled for,
and calculated to do great harm.
He believed that it would engender
enmity, contention and strife between
the two races, and lend to a war between
them, which would result in great in
jury to both, and the certain extern:'
i nation of the negro population,
j Procs-deuce, he thought, should lie
given to more important and urgent
matters, legislation upon which was e*-
sential for the restoration of the Union,
the peace of the country, and the pro
i perity of the people.
ITEMS OF NEWS.
—The Canadian reciprocity delegation
have had several interviews with Sec
retary McCulloeh, and have produced
I a very favorable impression. There i
i a growing feeling in favor of some sort
of reciprocity, to he provided for by
mutual legislation.
Five hundred and fourteen emigrant
vessels arrived at New York during
I the year 1865, bringing 200.061 pu**en
ger*. an increase of 17,115 over the pre
! vious year.
—A very large -windle. implicating
d-'tective Lafayette C. Baker, i- alleged
by a New York paper. Some s-io l l,ooo
it is said were fingered.
The capture of Bagdad, in Mexico,
by filibusters, is confirmed. Heavy Im
perial reinforcements are on their way
to the Rio Grande.
—The ravages of thesma l-pox have
created a panic in Moi>ilo. The record
ed deaths from that disease for the week
! ending the 14th inst.. were twenty-two.
-Re-olutions have been introduosl
in the Georgia Legislature recommen
ding the President to grant a general
: amnesty.
—Mrs. Stephen A. Douglas was mar
ried in Major Williams, of the regular
army, at Washington, on Tuesday lift
week.
—Twenty-eight candidates for tlx
i the New York collectors!]ip arc now in
Washington urging theirclnims. Sow*'
of them are not citizens of New Vwk
State.
j —The War Department ha- is uedan
order for the muster out of thirty ad
ditional regiments, about half of win' ' 1
; are colored.
—The Governor of South Carolina
has written to the President urging b"
; transfer to their owners of lands no*
occupied hy negroes.
—lt is reported that tlu* President
' contemplates changes in the lead* l '-
Federal appointments in New V>rk,
Philadelphia and Boston.
—The re]K>rt of Mr. Conkling" :l l'"
pointnient to the New York Collci't"!-
ship is unfounded, as no appointmen.
has been made.
—General Terry lias i-sued an ordci
investing all military officers with tlu
authority of provost marshals.
—llcavy rain storms prevail hi da
interior of California, and a great fI ,M "
i* feared at Sacramento.
—The filibustering General Cniwi"^ 1
is eon fined in Fort Jack *oll, at N<'W (
leans. Bagdad sou ren irs aresai dto hm*
been found in his papers.
—The Louisiana House of itepn—u
, tives has resolved to appoint a sS'f iw
j committe to amend the State Const'' 1
. tion of 1864.
—The Pa vonst ruction Com 111 iUeeluO'
suhpenaed Governor Brownlow. tt
; tify as to affairs in Tennessee.
I —The I". S. Telegraph l oinpany hav*-
' completed their line of telegraph from
I Boone. lowa, to Omaha City.
—The difficulty of making contracts
with the negroes* in Louisiana contin
ues.