The Bedford gazette. (Bedford, Pa.) 1805-current, March 02, 1866, Image 1

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    TERMS OP PUBLICATION.
TFE BEDFORD GAZETTE is published every Fri
day morning by MEYERS 4 MENGEL, at $2 00 per
annum, if paid strictly in advance ; $2.50 if paid
within six months; $2.00 if not pain within six
B ontbs. Ml subscription accounts MUST be
tcttltd annually. No paper will be sent out of
; be State unless paid for is ADVANCE, ami all such
.jbseriptions will invariably be discontinued at
t(ie expiration of the time for which they are
p*id
All ADVERTISEMENTS for a less term than j
(brer months TEX CEXTS per line for each In- j
~r : ion. Special notiees one-h.ilf udditionsl AT !
jfwluti' us of Associations; eomuiunic .tions of
uited or individual interest, and notices of mar-
T.asjes and deaths exceeding fiVe line, ten cents
per line. Editorial notices fifteen cents per iine. I
Ail legal Notices of every Hud,and Orphans'-
rt and Judicial Sales, are required by lata
,• yitbiished ui both papers published in this
face.
Ail advertising due afterfirat insertion.
A liberal disc uut is made to persons advertising I
by the quarter, half }ear. or year, as follows :
3 months. 6 months. 1 year.
*:)nc square - - - $ 4 50 $ 8 00 $lO 00
I*o squares - - - t; 00 900 ] no
Three squares - - - 8 00 12 00 20 00
Quarter column - - 14 00 20 00 35 00
Half column - - - 18 00 25 00 45 00
One column - - - - 30 00 45 00 80 00
*ouv square to occupy one inch of space.
JOB PRINTING, of every kind, done with
neatness and dispatch. THE GAZETTE OFFICE has '
just been refitted with a Power Press and new type,
slid everything in the Printing line can be execu
ted in the most artistic manner and at the lowest
.ates.— TERMS CASII.
IJ?- All letters should be addressd to
-MEYERS A MENGEL,
Publishers. <
zMtorncit.s at £au\
JOSEPH \V. TATF,, ATTORNKY
AT LAW. BEDFORD. PA. Will promptly
attend to collection* of bounty, b:ick pay. Ac.,
and ali business entrusted to bis care in Bedford
ami adjoining counlies.
Cash advanced on judgments, notes, military
a: i other claim'.
II ts fir sale Town lots in Tatesville, and St.-
J—'ph'aon Bedford Railroad. Forms and unim
proved land, from one acre to 900 acres to suit
purchasers *
Office nearly opposite the'-Mengel Hotel" and
Bulk of Reed A Schell.
April 1. 1365—1y
r*DWARD F. KERR, ATTORNEY
AT L AW. BEDFORD, PA. Will punctually
i .(1 carefully attend to all business entrusted to
hi* care. Soldiers' claims for bounty, back pay
St . speedily collected. Office with 11. Nicode
mu'. Esq . on Juliana street, nearly opposite the
B.v king House of Reed A Schell.
Apri' 7, 1865.
1. B. DL'RBORROW. | JOHN LL'TZ.
nun BORROW & LUTZ,
ATTORNEYS AT LAW. BEDFORD. PA.,
Will attend promptly to all business intrusted to
their care. Collections made on the shortest no
tice.
They are, also, regularly licensed Claim Agents
ard will give special attention to the prosecution
ofctaims against the Government for Pensions,
Back Pny. Bounty, Bounty Lands, Ac.
Office on Juliana street, one door South of the
Mengel House," and nearly opposite the Inquirer
office.
JOHN P. REED, ATTORNEY AT
♦ f LAW. BEDFORD. PA Respectfully tender*
h's services to the pnbltc.
Office second door North of the Mengel House.
Bedford, Ang, 1, 1861.
JOHN PALMER, ATTORNEY AT
#| LAW, BEDFORD, PA. Will promptly attend
:<> all business entrusted to his care.
Particular attention paid to the collection of
Military claims. Office on Juliana Street, nearly
opposite the Mengel II use.
Bedford. Aug. I. 1861.
J?SPY M. A LSI P, ATTORNEY AT
UJ LAW, BEDFORD, PA. Will faithfully and
promptly attend* to all business entrusted to his
c ire in Bedford and adjoining counties. Military
claims, b tck pv, bounty, Ac., speedily collected.
Office with Minn A Spang, on Ju'iana street,
two doors South of the Mengel House.
Jan. 22. 1854,
t. M. KIMMELL. | J W- LINOBrLTER.
KIMMELL & LINOEXFKLTER,
ATTORNEYS AT LAW, BEDFORD. PA .
I| ive formed a partnership in the practice of
the Law Office on .lulinnu street, two doors South
of the 'Mengel House,''
/ 1 EL SPANG, ATTORNEY A T
\J . LAW BEDFORD. PA Will promptly at
tend to collections and all business entrusted to
his e tre in Bedford and adjoining counties.
Office on Juliana Street, three doers south of the
Mengel House," opposite the residence of Mrs.
T.ite.
May 1.1. 1351.
Jxo. 11. FILLER. J. T KKAGV .
MILLER W KEAGY have formed a
l partnership in the practice of the law. At
tention paid to Penstous, Bounties and Claims
tgdnst the Government.
Office on Juliana street, formerly occupied by
Urn. A. King. March 31, '65.
iMtuoifianf. ami Hcntists.
1) 11. PEXNSYL, M. D., BLOODY I
1 a Rc.v, Pa., (I ite surgeon 56th P. V. V.,) ten- j
'■* tiis prutV-.-iittial services to the people of that !
fin e and vicinity. Dec. 22. '65-ly*
\y W. JAMISON, M. I>., BLOODY
• Y RI T *. PA.. tenders his professional servi
* * t< the people of that place ami vicinity. Office
• loor of Uiohard store.
X>r 24, oj—] y J
I \!{. .1. L MARBOURG, Having
.I.' permanently located, respectfully tenders
i professional services to the Bedford
fi l vicinity.
' ': con Juliana afreet. ent "i'le, nearly opposite
t'ne Banking House of Heed A Sehell.
Bedford, February 12. 18(4.
C V HICKOK, | J. G. MINNICH, JR.. |
I\ EN TISTS,
1 1 BEDFORD, PA
Office in the Bank Building. Juliana St. *
All operation* pertaining to Surgical or Me
o, ieal Dentistrv carefully performed, and war-,
tamed.
TFBMS — CASH.
Bedford, January 6, 1865.
jankers.
UMIUI | J- 1 flt'HIL, j
j) EK D AN D SCIIE LL,
i\ Haulers attti
1E A L E It s I N EX CH AXG E,
BEDFORD. PA ,
bRAFTS hought and sold, collections made and
te'inev promptly remitted
deposit* solicited.
6 W. RL'L-p O P.. SHANNON P. BENEDICT
HUPP, SHANNON A-CO., BANK
ERS, BEDPORD, PA.
BANK OF DISCOUNT AND DEPOSIT.
' i-LECTIONS made for the East, WesL North
1 1 N.-ath. and the general business of Exchange
• acted. Notes and Accounts Collected and
'■'Bnttanees promptly made. READ EsTATE
•ought and sold. Oct. 20, 1865.
I iVXIEL BORDER,
I ' PUT STREET, TWO DOORS tir.w OP THE BED-
R, ' RN HOTEL, BEDPORD. PA.
MATCHMAKER AND DEALER IN JEWEL
RY. SPECTACLES, AC
'' keepson hand a stock of fine Gold and Sil
" 1 '-'lies, Spectacles of Brilliant Double Ke-
Glasses, alio Scotch Pebble Glasses Gold
C's Chains, Breast Pins, Finger Rings, best
1 J di ty of Gold Pen He will supply to order
thing iu his line not on hand.
. 1865-
HF. IRVINE,
• ANDERSON'S ROW, BEDFORD. PA..
'r in B xits, Shoes. Queensware. and \ arie-
f 5 - . IcsTOrlers from Couotry Merchant* re
•Pjotfully solicited.
1835,
|) VVID DEFIBAUGH, Gunsmith,
, Bedford. Pa. Shop same as formerly oceu-
Border, deceased Having resumed
. ' now prepared to fill all orders for new
a!," 'i'* 18 shortest dotice. Repairing done to or
v . , e patronage of the public is respectfully
.ocited. oct 'fti
"il) ls est BELIEAGRINDSTONES
2l)c Ocitforti (Snjcttc.
BY MEYERS & MENGEL.
flic grtlfortl oVn.xcltc.
OI K MM VI, BOTMT.
Re-openini; f Inilian Hostilities: MEESSII.
ore or Tall null liis family: Ton persons
murdered and S<-;I||MMI and llieir duel-
I'Bi I:ril ill aslies; Samuel Attains Lill
etl by Indians. i
Immediately upon the breaking out
of the Revolution, the Indians again
became troublesome on the frontier,
and Bedford county was once more the
scene of their savage cruelty. We find
some reference to their incursions into
the county, scattered through the Colo
nial Records, but tradition furnishes ac
counts of murders committed by them
at this period which were of the most
horrible character. About three miles
east of tiie borough of Schellsburg, and
six miles west of Bedford, there is a
small ridge known as "Tail's Hill."
which derives its name from the foot
that a family by the name of Tull were
there massacred by the Indians. We
are indebted for an account of ibis bar
barous alfair, to the narrative furnished
by Messrs. Burd and Mower to the au
thor of the "Historical Collections of
Pennsylvania." These gentlemen tell
us that "in the year 1777, a family na
med Tull resided about six miles west
of Bedford, on a hill to which the name
of the family was given; there were
ten children—nine daughters and a son;
but at the time referred to, the son was
absent, leaving at home his aged pa
rents and nine sisters. At that time the
Indians were particularly troublesome,
and the inhabitants had to abandon
their improvements and take refuge in
the Fort; but 'full's family disregarded
the danger and remained <<m their im
provement-;. One Williams, who had
made a settlement about three miles
west of Tail's and near where the town
of Schellsburg now stands, had return
ed to hi- farm to sow some flax-seed;
he had a son with him and remained
out about a week. The road to his im
provement passed 'full's house. On
their return, as they approached Tull's,
they saw a smoke, and coming nearer,
discovered that it arose from the burn
ing ruins of Tull's house. Upon a
nearer approach, the son saw an object
in the garden, which, by a slight move
ment, attracted his attention, and look
ing more closely, they found it was the
old man iTall} just expiring. At the
same moment, the son discovered on
the ground near him an fndian paint
bag. They at once understood the whole
matter, and knowing that the Indians
were still near, fled at once to the Fort.
Next day a force went out from the Fort
to examine, and after some search found
the mother with an infant in her arms,
both scalped. A short distance, in the
same direction, they found the eldest
daughter, also scalped. A short dis
tance from her the next daughter, in
the same situation, and scattered about
at intervals the rest of the children but
one, who, from some circumstances,
they supposed had been burned. '1 hey
all appeared to have been overtaken In
flight, and murdered and scalped where
they were found. It seems the family
were surprised in the morning, when
all were in the house, and thus became
an easy prey to the savages."
Another murder by the Indians is rela
ted as having taken plaeeduring the lat
ter part of this year (1777 ). A number of
families had come into the Fort from the
neighborhood of Johnstown. Among
them were three men named Samuel
Adams, Thornton and Bridges.
After thealarin had somewhat subsided,
they agreed to return to their property.
A party started with pack horses, reach
ed the place, and not seeing any In
dians, collected their property jind com
menced their return. After proceed
ing some distance, a dog belonging to
one of the party, showed signs of un
easiness, and ran back. Bridges and
Thornton desired the others to wait
whilst they would go back for him.
They went back, and had proceeded but
two or three hundred- yards, when a
body of Indians, who had been lying
in wait on each side of the way, but
who had been afraid to tiro on account
of the number of the whites, suddenly
rose up and took them prisoners, 'the
others, not knowing what detained
their companions, went back aftertheni;
when they arrived near the spot, the
Indians fired on them, but without
doing any injury. The whites in
stantly turned and fieri, excepting Sam
uel Adams, who took a tree and began
to fight in the Indian style. In a few
minutes, however, he was killed, but
not without doing thesame fearful ser
vice for his adversary. He and one
of the Indians shot at, and killed each
other, at the same moment. When the
news reached the fort, a party volun
teered to visit the ground. When they
reached it, although the snow had fal
len ankle deep, they readily found the
| bodies of Adams and the Indian, the
j face of the latter having been covered
| by his companions, with Adams' huu-
THE VETO MEJiS Ua:.
Demolition of the •■[ rpcilmon's Bnreau
Bill."
To the Senate of the United State*: I
have examined with carethe hill which
has been passed by the two Houses of
Congress to amend an act, entitled "an
act to establish a bureau for the relief
of freedinen and refugees, and for oth
er purposes." Having with much re
gret come to the conclusion that it
would not be consistent with the pub
lic welfare to give my approval to the
measure, ] return the bill to the Senate
with my objections to its becoming a
law. 1 might call to mind, in advance
of these objections, that there is no im
mediate necessity for the proposed
measure.
The act to establi ha bureau for the
relief of freed men and refugees, which
was approved in the month of March
last, lias not yet expired. 11 was thought
stringent and extreme enough for the
purpose in view in time of war. Before
it ceases to have effect further experi
ence may assist to guide us to a wise
conclusion as to the policy to be adopt
ed in time of peace, i share with Con
gress the strongest desire to secure to
the freed men the full enjoyment of
their freedom and their prosperity, and
their entire independence and equality
in making contracts for their labor, but
the hill before me contains provisions
which, in my opinion, are not warran
ted by the Constitution, and are not
well suited to accomplish the end in
view.
The bill proposes to establish, by au
thority of Congress, military jurisdic
tion over all parts of the United States
containing refugees and freedmen. It
would by its very nature apply with
the most force to those parts of the U
nited States in which the freedmen
most abound, and it expressly extends
the existing temporary jurisdiction of
the Freedinen's Bureau, with greatly
enlarged powers, over those States in
which the ordinary course of judicial
proceeding has been interrupted Jy the
rebellion.
The source from which this military
jurisdiction is to emanate is none other
than the President of the United States,
acting through the War Department
and the Commissioner of the Freed
inen's Bureau. The agents to carry out
this military jurisdiction are to be se
lected either from the army or from
civil life; the country is to be divided
into districts and sub-districts, and the
number of salaried agents to be em
ployed may be equal to the number of
counties or parishes in all the United
States where freedmen or refugees are
to be found.
The subjects over which this milita
ry jurisdiction is to extend in every
part of the United States includes pro
tection to all employees, agents and of
ficers of this Bureau in the exercise of
the duties imposed upon them by the
bill in eleven States. It is further to
extend over all cases affecting freed
men and refugees discriminated against
by local laws, custom or prejudice. In
these eleven States the bill subjects any
white person who may be charged with
depriving a freedman of any civil rights
or immunities belonging to white per
sons, to imprisonment or line, orboth,
without, however, defining the civil
rights and iminunitie- which are thus
to be secured to the freed men by milita
ry law.
This military jurisdiction also ex
tends to all question that may arise re
specting contracts. The agent who is
thus to exercise the office of a judge
may he a stranger, entirely ignorant of
the laws of the place, and exposed to
the errorsof judgment to which all men
are liable. The exerciseof power, over
which there is no legal supervision, by
so vast a number of agents as is con
templated by this bill, must, by the
very nature of man, be attended by acts
of caprice, injustice and passion. The
trials having their origin under this
hill, are to take place without the inter
vention of a jury, and without any fix
ed rules of law or evidence. The rules
on which offenses are to he heard and
determined by the numerous agents,
are such rules and regulations as the
President, through the War Depart
ment, shall prescribe.
No previous presentment is required,
nor any indictment charging the com
mission of a crime against the laws,
but the trial must proceed on charges
and specifications. The punishment
will be, not what the law declares, but
such as a court-martial may think prop
er, and from these arbitrary tribunals
there lies no appeal, no writ of error,
to any one of the courts in which the
Constitution of the Cnited States puts
exclusively the judicial power of the
country. While the territory and the
classes of actions aud offenses that are
made subject to these measures are so
extensive, the bill itself, should it be
come a law, will have no limitation in
point of time, hut will form part of the
permanent legislation of the country.
I cannot conceive a system of milita
ry jurisdiction of this kind, within the
words of the Constitution, which de
clares that "no person shall be held to
answer for a capital or otherwise infa
mous crime, unless on a presentment
and indictment of a grand jury, except
in cases arising in the land and naval
forces, or in the military when in ser
vice in time of war orpublic danger,"
and that "in all criminal proceedings
the accused shall enjoy the right to a
speedy and public trial by an impartial
jury of the State or district wherein
the crime shall have been committed."
BEDFORD. PA.. FRIDAY MORNING. MARCH 2. 1866.
and wisdom of ages taught our fathers
to establish as securities for the protec
tion of the innocent, the punishment
of the guilty and the equal administra
tion of justice, are to be set aside, and
for the sake of a.more vigorous inter-
position in behalf of justice, we are to
take the risk of the many nets of injus
tice that would necessarily follow from
an almost countless number of agents
established in everyparish or county in
nearly a third of tiv States of the Un
ion, over whose decsions there is to tie
no supervision or control by the Feder
al courts.
The power that would be thus placed
in tiie hands of the Bresident is such as
in time of peace eertiinly ought never
to be intrusted to aiv one man. If it
be asked whether tlv creation of such
a tribunal in a State was warranted as
a measure of war, the question imme
diately presents itself whether we are
still engaged in war. Let us not un
neeessarily disturb the commerce, and
credit and it tustry of he country by
declaring to the American people, and
to the world, that the United States are
still in a condition of civil war.
At present there is no part of our
country in which the authority of the
United States is disputed. Offences
that may be committed by individuals
should not work a forfeiture of the
rights of whole communities. The
community has returned, or is return
ing, to a state of peace and industry.
The rebellion is at an end. Tkc meas
ure, therefore, seems to be inconsistent
with the actual condition of the coun
try, as it is at variance with tic Consti
tution of the United States.
If, passing from general considcra- 1
tions, we examine the bill in detail, it \
is open to weighty objections. I time I
of war it was eminently proper that j
we should provide for those who were j
passing suddenly from a condiiionofj
bondage to a state of freedom, bit this
bill proposes to make the Freednen's
Bureau, established by the act <f 18(55
as one of many great and extracrdina
ry measures to suppress a formidable
rebellion, a permanent branch of the
publi(*administration, with its jowers i
greatly enlarged.
I have no reason to suppose, anl I do ;
not understand it to be alleged tlat the I
act of March, 1865, has proved deficient |
for the purpose for which it was passed,
although at that time, and fora con-;
siderable period thereafter, the Govern-;
ment of the United States renained
unacknowledged in most of the States
whose inhabitants had been iivolved
in the rebellion. The institution of
slavery, for the military destruction of I
which the Freedmen's Bureau was call
ed into existence as an auxiliary, has'
been already effectually and finally ab
rogated throughout the whole country
by an amendment of the Constitution
of the United States, and practically
its eradication has reached the assent
and concurrence of most of those States
in which it at any time had an exist
ence.
I am not therefore able to discern in
the condition of the country anything
to justify an apprehension that the pow
ers and agencies of the Freedmen's
Bureau, which were effective for the
protection of freedmen and refugees
during the actual continuance of hos
tilities, will now, in a time of peace,
and after theabolition of slavery, prove
inadequate to the same proper ends.
If 1 am correct in these views, there
can be no necessity for the enlargement
of the powers of thebureau, for which
provision is made in the bill.
The third section of the bill authori
zes a general and unlimited grant of
support to the destitute and suffering
refugees and freedmen, their wives and
children. Succeeding sections make
provision for the rent or purchase of
landed estates for freedmen, and the
erection, for their benefit, of suitable
buildings for asylums and schools; the
expenses to he defrayed from the treas
ury of the whole people.
The ("ongress of the United States has
never heretofore thought it sell-empow
ered to establish asylums beyond the
limits of the District of Columbia, ex-j
cept for the benefit of our disabled sol
diers and sailors. It has never founded
schools for any class of our own people,!
not even for the orphans of those who
have fallen in the defense of the Union,
hut has left the care of their education
to the much more competent and effi
cient control of the States, of commu
nities, of privateassociations andof in
dividuals. It has never deemed itself
authorized to expend the public money
for the rent or purchase of houses for
the thousands, not to say millions of
the white race who are honestly toil
ing from day to day for their subsis
tence.
A system for the support of indigent
persons in the United States never was
contemplated by the authors of the Co
nstitution. Nor can any good reason he
advanced why, as a permanent estab
lishment, it should he founded for one
class or color of our people more than
for another. Pending the war many
refugees and freedmen received sup
port from the Government, but it was
never intended that they should hence
forth he fed, clothed, educated and
sheltered by the United States. The
idea on which the slaves were assisted
to freedom was, that on becoming free
they would he a self-sustaining popula
tion, and any legislation that shall im
ply that they are not expected to attain
a self-sustaining condition must have
a tendency alike injurious to their char
acter and their prosperity.
The appointment of an agent for ev
immense patronage, and the expense of
the numerous officers and their clerks,
to be appointed by the President, will
be great in the beginning, with a ten
dency steadily to increase. The appro
priations asked by the Freedmen's Bu
reau, as now established, for the year
18GG,amount.to$11,745,000, and it may
be safely estimated that the cost to be
incurred under the pending bill will re
quire double that amount, more than
the entire sum expended in any one
year under the administration of the
second Adams.
If the presence of agents in every
parish and county is to be considered
as a war measure, opposition or even
resistance might be provoked, so that
to give effect to their jurisdiction, troops
would have to be stationed within reach
of every one of them, and thus a large
standing force be rendered necessary.
Large appropriations would, therefore,
lit 1 required to sustain and enforce mil
itary jurisdiction in every county or pa
rish from the Potomac to the Rio
Grande. The condition of our fiscal af
fairs is encouraging, but in order to sus
tain the present measures of public con
fidence, it is necessary that we practice
not merely customary economy, but,
as far as possible, severe retrenchment.
In addition to the objections already
stated, the fifth section of the bill pro
poses to take away land from its former
owners without any legal proceedings
being first had, contrary to that provis
ion of the Constitution which declares
that no person shall be deprived of life,
liberty or property without due process
of law. It does not appear that a part
of the lands to which this section refers,
may not be owned by minors or persons
of unsound mind, or by those who have
been faithful to all their obligations as
citizens of the United States. If any
portion of the land is held by such per
sons, it is noteompetent for any author
ity to deprive them of it. If, on the
other hand, it be found that the prop
erty is liable to confiscation, even then
it cannot be appropriated to public pur
poses, until by due process of law, it
shall have been d clared forfeited to the
Government.
There is still further objection to the
bill, 011 grounds seriously affecting the
class of persons to whom it is designed
to bring relief; it will tend to keep the
mind of the freedman in a state of un
certain expectation and restlessness,
while to those among whom lie lives it
will be a source of constant and vague
apprehension.
Undoubtedly thefreedman should be
protected, but he should be protected
by the civil authorities, and especially
by the exercise of all the constitutional
lowers of the courts of the United
States and of the States, llis condition
is lot so ex posed as may at first be imag
ined. lie is in a portion of the country
wher? his labor cannot well be spared.
Competition for his services from plan
ters, from those who are constructing or
repairing railroads, and from capitalists
in his vicinage or from other States,
will enable him to command almost his
own terms. He also possesses a perfect
right to chaage his place of abode, and
if, therefore, he does not find in one
community or State a mode of life suit
ed tn his desires, or proper remunera
tion for his labor, he can move to anoth
er, where that labor is more esteemed
and better rewarded.
In truth, however, each State,induced
by its own wants anil interests, will do
what is necessary and proper to retain
within its borders, all the labor that is
needed for the development of its re
sources. The laws that regulate supply
and demand will maintain their force,
and the wages of the laborer will he
regulated t hereby. There is no danger
that the exceedingly great derfiand for
labor will not operate in lavor of the la
borer; neither is sufficient considera
tion given to the ability of the freed
men to protect and take care of them
selves.
It is no more than justice to them to
believe, that as they have received their
freedom with moderation and forbear
ance, so they willdistinguish themselves
by their industry and thrift, and soon
show the world that in a condition of
freedom they are self-sustaining, capa
ble of selecting their own employment
and their own places of abode, of insist
ing for themselves on a proper remun
eration, and of establishing and main
taining their own asylums and schools.
It is earnestly hoped that instead of
wasting away, they will, by their own
efforts, establish for themselves a con
dition of respectability and prosperity.
It is certain that they can attain to that
condition only through their own mer
its and exertions.
In this connection the query presents
itself, whether the system proposed by
the bill will not, when put into complete
operation, practically transferthe entire
<-are, support and control of four mil
lions of emancipated slaves to agents,
overseers or task masters, who, appoint
ed at Washington, are to be located in
every county and parish throughout
the United States, containing freedmen
and refugees. Such a system would in
evitably tend to a concentration of pow
rer in the Executive, which would ena
| ble him, if so disposed, to control the
i action ofthis numerous class, and use
' them for the attainment of his own po
litical ends.
I cannot but add another very grave
objection to the bill. The Constitution
imperatively declares, in connection
with taxation, that each Stateshall have
at least one representative, and fixes
the rule for the number to which in fu
ture times each State shall be entitled;
VOL 61.—WHOLE No. 5.337.
' United States shall be composed of two
Senators from each State, and adds with
: peculiar force, that no State, without
its consent shall hedeprivedof itsequai
| suffrage in the Senate. The original
I act was necessarily passed in the absence
| of the State chiefly to he affected, be-
I cause their people were then contuma
: ciously engaged in the Rebellion.
Now the case is changed, and some,
at least, of the States are attending
: Congress by loyal representatives solic
iting the allowance of the Constitution
al right of representation. At the time,
however, of the consideration and the
jiassing of this bill, there was no Sena
tor or Representative in Congress from
the eleven States which are to be main
ly affected by its provisions. The very
fact that reports were and are made a
gainst the good disposition of the coun
try is an additional reason why they
need and should have representation
in Congress, to explain their condition,
reply to accusations, and assist by their
local knowledge in perfecting measures
immediately affecting themselves,
while the liberty of deliberation would
then be free, and Congress would have
full power to decide according to its
judgment, there could be no objection
urged that the States most interested
had not been permitted to he heard.—
The principle is firmly fixed in the
mindsofthe American people that there
should be no taxation without represen
tation. Great burdens have now to be
borne by all the country, and we may
best demand that they .shall be borne
without murmur when they are voted
by a majority of the representatives of
all the people. I would not interfere
with the unquestionable right of Con
gress to judge and act for itself as to the
elections, returns and qualifications of
its own members, but that authority
cannot be construed as including the
right to shut out, in time of peace, any
State from the representation to whi< h
it is entitled by the Constitution at
present.
All the people of eleven States are
excluded; those who were most faithful
during the war not less than others. —
The State of Tennessee, for instance,
whose authorities engaged in rebellion,
was restored to all her constitutional
relationsto the Union by the patriotism
and energy of her injured and betrayed
people. Before the war was brought
to a termination they had placed them
selves in relation with the General Gov
ernment ; had establffhed a State Gov
ernment of their own, and as they were
not included in the emancipation proc
lamation, they, by their own act, had
amended their Constitution, so as to a
! bolishslavery within the limits of their
! State.
I know no reason why the State of
Tennessee, forexample,should not fully
enjoy all her constitutional relations to
the United States. The President of
the United States stands towards the
country in a somewhat different atti-
from that of any member of Con
gress chosen from a single district or
State. The President is chosen by the
people of all the States. Eleven States
are not at this time represented in eith
er branch of Congress; it would seem
to be his duty, on all proper occasions,
to present their just claims to Congress.
There always will be difference of o
pinion in the community, and individ
ual- may be guilty of transgression of
the law; but these do not constitute
valid objections against the right of a
State to representation, and would in
no wise interfere with the discretion of
Congress with regard to the qualifica
tions of members, but I hold it my du
ty to recommend to you in the interests
of peace, and in the interest of the U
nion, the admission of every State to
its' share in public legislation when,
however insubordinate, insurgent or
rebellious its people may have been, it
presents itself not only in an attitude
of loyalty and harmony, but in the
persons of representatives whose loy
alty cannot be questioned under any ex
isting constitutional or legal test.
It is plain that an indefinite or per
manent exclusion of any part of the
country from" representation must be
attended by a spirit of disquiet and
complaint. It is unwise and dangerous
to pursue a course of measures which
will unite a very large section of the
country against another section of the
country, however much the latter may
preponderate. The course of emigra
tion, the development of industry and
business, and natural causes will raise
up at the South mdh as devoted to the
Union as those of any other part of the
land. But if they areall axcluded from
Congre s, if in a permanent statute they
are declared not to be in full constitu
tional relations to the country, they
may think they have cause to become
a unit in feeling and sentiment against
the Government. Under the political
education of the American people, the
idea is inherent and* ineradicable that
theconsentof the majority of the whole
people is necessary to secure a willing
acquiescence in legislation.
The bill under consideration refers to
certain of the States as though they had
"been fully restored in all their consti
tutional relations to the United States."
If they have not, let us at once act to
gether to secure that desirable end at
the earliest possible moment. It is hard
ly necessary for me to in for n Congress
that in my own judgment most of those
States, so far, at least, as dependent on
their own action, have already been ful
ly restored, and are to be deemed as en
titled toenjoy theirconstitutional rights
as members of the Union.
Reasoning from the Constitution it-
country, I feel not only entitled*but
bound to assume that with the Federal
courts restored, and those of the several
States in the full exerciseof their func
tions, the rightsand interests of all clas
ses of the people, will, with the aid of
the military in cases of resistance to the
law, be essentially protected against un
constitutional infringement and viola
tion.
Should this expectation unhappily
fail, which I do not anticipate, then the
Executive is already fully armed with
the powers conferred by the act of March
1805, establishing the Freedmcn's Bu
reau, and hercalter, as heretofore, he
can c mploy the land and naval forces of
the country to suppress insurrection, or
to overcome obstructions to the laws,
in accordance with the Constitution.
I return the bill to the Senate in the
earnest hope that a measure involving
questions and interests so important to
the country will not become a law, un
less upon deli berate consultation by the
people it shall receive the sanction of
an enlightened public judgment.
ANDREW JOHNSON.
Washington, 1). C., Feb. 19, 18GG.
WELL TIMED REMARKS.—In reply
to a scurrilous attack upon Senator
Cowan, the Philadelphia Daily News,
a republican print, says:
"He was a Union man when the Re
publicans ail claimed to be Union men.
"He is so stiil; and if they have depart
"ed from the position they pretended
"to occupy, and have become disunion
"ists, is he to be censured i'or not going
"with them? The Tribune may say the
"same, if it of President John
"son. The gap between that gentleman
"and the liepitbfican majority grows
"wider enrry day, but Andrew Johnson
"was a Union man when Horace Gree
"ley was advocating in the columns of
"hi> newpaper the right of secession, and
"blubbering every day, 'let them go.'"
We are glad to find that a republican
paper of such ability and relative
strength has the manliness to speak out
against its late party associates, telling
them that if they have become "disun
ionists" it isnb argument to influence
it to take the same course.
TIIE Philadelphia Press yesterday
published the following significant tel
egram:
[Special despatch to the Press J
II.vnniSECRG. Feb. 16. —Is is now definitely un
derO.'od, from iuformmion received ihrough sour
ces of the greatest reliability that John It. Geary
hag sixty four delegates to the Union State Con
vention instructed to support him as a candidate
tor Governor. As it only requires sixty-seven v tea
to nominate, it is fair to believe that Geary's nom
ination will be made on the first billot.
This is intended as a warning to
Ketchum, Moorhead, Cessna, and the
rest of the Republican gubernatorial
candidates, to sttty at home and not
bother themselves about a mattter in
which they have no interest. It is rath
er a summary method of crushing down
opposition. Yet the Press may learn
an instructive lesson from the sequel.—
Its favoritecandidate is not yet nomina
ted. "There is many a slip 'twixt the
cup and the lip!"— Age.
MONEY* —Men work for it, fight for
it, beg for it, steal for it, starve for it,
and die for it. And all the while, from
the cradle to tliegrave, nature and God
are thundering in our ears the solemn
question—"What shall it profit a man,
if he gain the whole world and lose
his own soul?" This madness for mon
ey is the strongest and lowest of the
passidns; it is the insatiate Moloch of
thehuman heart, before whose remorse
less alter all the finer attributes of hu
manity are sacrificed. It makes mer
chandise of all that is sa -red in human
affections, and even in the awful solem
nities of the eternal.
A bachelor and a young lady purcha
sed some ticket sin partnership in a lot
tery at the recent Sanitary Fair at Mil
waukee, agreeingto divide the proceeds
equitably. They drew a double bed
stead, a baby crib, and a lunch basket,
and the question is how to divide them,
or whether they shall not use them
"jintly."
CHAS. J. FAULKNER having appli
ed for admission to practice at the bar,
the Supreme Court of West Virginia
has decided that attorneys are not civil
officers of that State, and therefore not
cquired to take the test oath. A bill
providing a test oath for attorneys is to
be immediately introduced in the Leg
islature.
ONE day Freddy's little sister, Car
rie, hearing her mother talking about
a name for a new little baby-brother
that had been given to them a short
time before, said: "Mamma, why don't
you name him Hallowed ? It says in
my prayer, 'Hallowed be thy name,'
and 1 think it is a very pretty name,
too."
THE last new thing about the wed
ding celebrations is the Sugar Wedding.
It is the sweetest thing out, and is cel
ebrated at the end of the honeymoon—
thirty days after the niarriege.
LUCY Stone says: The cradle is a wo
man's ballot-box." Then we have
known some unlawful voting, where
two ballots were deposited at a time.
JOXES says a person's character de
ponds on a good bringing up; for in
stance, (says lie,) a man who has been
brought up by the police seldom turns
out respectable.
CARDINAL WISEMAN'S dying words
wore: "Well here I am at last, like a
child from school, going home for the
holidays.".
A PHYSICIAN has discovered that
night-mare, in nine cases out of ten, is
produced by owing a bill for a newspa
per, and that the bestcure is to pay up.
BENEFIT ydur friends that they may
love you still more dearly; benefit your
enemies that they may become your
friends.
A SMILE is ever the most bright and
beautiful with a tear upon it. What's
the dawn without its dew?