TEEMS OF PUBLICATION.
THE BEDFORD GAZETTE is published every Fri
day morning by METERS A MEVGEL. at $2 00 per
annum, if paid Mnrtl y in advance ; $2.50 if paid
tcithin six months; $3.00 if not paiu within six
js.oths. All subscription account* MUST if
/rf-rrt annually. No paper will be sent out of
the State unless paid for IN ADVANCE, and all such
•nbscriptions will invariably be discontinued at
the expiration of the time for which they are
paid.
\!l ADVERTISEMENTS for a less term than
thice months TEN" CENTS per line for each In- |
,ertion. Special nnridfe one-half additional A'l j
rfr Jti-Bs of Assoeiations; eommunic .tions of i
Icr.ited or individual interest, and notices of mar
v re- and deaths exceeding five line . ten cents
per line. Editorial notices fifteen coots per iine.
All l f gal Notices of every kind, and Orphans'
O t and Judicial Sales, are required hy lay?
t. published 111 both papers published in this !
L"' -All advertising due after first in crtion.
A liberal disc unt is made to per- ins advertising •
by ' ' quarter, half jear. or year, as follows i
months. 6 months. 1 veer. !
Si) n e Kjuare - - - $4 50 st> on s},) on j
Jk. I squares - - - tt 1(0 G (PI lii no j
Tur.v squares - - - * i n 12 60 2il (Id ■
Quarter column - - 14 00 20 o<l 35 on '
I),]f column • - - Its oo 25 00 45 00,
Oue column - - - - 30 00 4 5 0 0 80 00 '
*(>oe square to occupy one inch of space.
JOB PRINTING, of every kind, done with
neatness and dispatch. Tni: GAZETTE OFFICE has 1
ju-t been refitted with a Power Press and new type.
a r. i everything in the Printing line can lie execu
ted in the most artistic manner and at the lowest
rites -TERMS CASH.
iuS"' All letters should be addressd to
METERS 4 AIEN'T; EL,
Publishers. j
at I air.
JOSEPH W. TATE, ATTORNEY
i AT LAW, BEDFORD. PA. Will promptly
aitend to collections of bounty, back pay. Ac.,
and all business entrusted to his care in Bedford
jn 1 adjoining counties.
Cash advanced ou judgments, notes, military
ar! other claim<.
I! i- for sale Town lots in Tatesville. and 81.-
J nil's nn Bedford Railroad. Farms and unim
pru\'d bind, from one acre to y>o acres to suit
perchasers
Offi e nearly opposite the ''Mengel Hotel" and
Rok of Reed A Schell.
April I. lSfis—ly
J. MOD. SHARPS. E F. KERR.
. -HAKIM-; <fr KERR, ATT<>RNEYS
AT LAW BEDFORD, PA., will practice in
the courts of Bedford itnd ndjoiningeounties Of
fi.-, ~n Juliana St., opposite the Banking House of
Heed A detail. [March 2, H6.
J. R. DEHBORROW. | JOHX Lt'TZ.
nu RBOR Ro \V A- LUT Z ,
ATTORNEYS AT LAW. BEDFORD, PA .
W iit attend promptly to all business intrusted to
their care. Collections made ou the shortest no
tice.
They are. also, regularly licensed Claim Agents
and will'give special attention to the prosecution
of claims against the Government for Pensions,
Bick Pay. 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 j
ft LAW. BEDFORD, PA Respectfully tenders |
h;s services to ihe pnhhe.
Ofie second door North of the Mengel House. ;
Badfard, Aug. I. lent.
JOHN PALMER, ATTORNEY AT !
' LAW. BEDFORD. PA Will promptly attend |
to II business entrusted to his care.
Pauicular attention paid to the collection of i
.Military claims. Office ou Juliana Street, nearly
opposite the Mengel 11 use.
B dford, Aug. I. mil.
i;'SPY it A ESI P. ATTORNEY at I
1 j LAW, BEDFORD. PA. Will faithfully and
! r aptly attend to all business entrusted to his ]
c ire in Bedford and adjoining counties. Military j
c'.'ibns, b iek pay, bounty, Ac., speedily collected. !
Office with Maun ,v Spang, on Juliana street, |
two doors South of the Mengel House.
■i in. 22. 18 i t.
y M. KIMMELL. | J. W. LIXGEXFELTEK. j
KIMMELL & LINGSNFELTER, I
ATTORNEY'S AT LAW. BEDFORD. PA., j
11 ive formed a partnership in the practice ot
the Law. Office on Juli-tna street, two doors South j
of [tie 'Mengel House.
/i li. SPANG, ATTORNEY AT:
VTa LAW. BEDFORD. PA. Will promptly at
tend to collections and ail business entrusted to !
his care in Bedford and adjoining counties.
Office on Juliana Street, three doers south of the j
Mengel House," opposite the residence of Mrs. .
Tate.
May IS, ISM.
JM II FlUit. J.T. KF.auv.
I 'RLEER w KEAGY have formed a
£ partnership in the practice of the law At- j
teiition paid to Pensions, Bounties and Claims
against the Governmeut.
Office on Juliana street, formerly occupied by ;
II 'o. A. King. March 31, tij.
and Ikatuvtc..
I ) H. PENNSYL, M. 1)., BLOODY
j # Rrs, Pa.. ;1 ite surgeon ofith P V. V.,t ten
bis professional services to the people ot that
■ and vicinity. Dec 22. fio-ly# _
W.JAMISON, M. l).. BLOODY
I ? 0 RL'N. Pa., tenders his professional servi
ces , , tne people of that place and vicinity. Office !
i c door west of Richard L-angdon s store.
Nov. 21. '&—ly
] \U. ,J. la. MARBOURG, Having
1 7 permanently located, respectfully lenders
tu professional services to the citizens ot Bedford
v I vicinity.
Office ou Juliana street, east side, nearly opposite
the Banking House of Keed A Schell.
Bedford, February 12. lfttU.
v HICKOK, | J. 6. MISJICU, JR.,
I \ E N T ISTS,
I 7 BEDFORD, PA.
Olnce in the Bank Building. Juliana St.
All operations pertaining to Surgical or Me
■ fianical Dentistry carefully performed, and war
runted.
TFRHS—CASH.
Bedford. January 6, 1565.
Jxskttl.
I !t BfcKii, | J. J- SCHELL. :
I) E E 17 A N D SC II EL L,
P f Baulcers and
1) EAL ER S I N E X CII ANG E,
BEDFORD, PA.,
DRAFTS bought and sold, collections made and
tr -iey promptly remitted.
D posits solicited.
'• % Rll'f O F-. SHANNON F. BF.XF.DICTj
p UPP, SHANNON A CO., BANK- ,
II ERS, BEDFORD. PA.
HANK OF DISCOUNT AND DEPOSIT
C 'LLECTIONS made for the East, WesL North
- ! > .urh. and the general business "f Exchange
acted. Notes and Accounts Collected and .
1 ' uittanccs promptly made. REAL ESTATE'
gilt and sol i. Oct. 21, lbtlh.
Wl'jfcUancotPL
I \ \ NIEL BORDER,
i. 7 PtrT STREET. TWO DOORS WEST OF THE BED-
r 'Rf> HOTEL. BEDFORD. PA.
i l -' a Ten MAKER AND DEALER IN JEWEL
RY. SPEC fACLKS, AC.
B keeps on hand a sto k of fine Gold and Sil- j
•r UVuhe*. Spectacles of Brilliant Double Kc
i ' ilasses, also Scotch Pebble Glasses, itold
h C tains. Breast Pins, Finger Rings, best
'l'liity of Gold Pen. He will supply to order
v tiling in his line not on hand.
Pit 18. Ih6.'-
HP. IRVINE,
ANDERSON'S ROW, BEDFORD. PA .
" r r in Boots, Shoes, (Jueenstvare. and Varie-
from Country Merchants re
'•tfullv soli -ited.
f| tt Jo, 1H55,
D\ VI1) DEFIBA UGH, Gunsmith,
Bedford. Pt. Shop same as formerly occu
'' Iby John Border, deceased. Having resumed
'" r k. be is now prepared to fill all orders tor new
Stuns at (be shortest dotice. Repairing done to or
• r The patronage of the public is respectfully
1 1 Oct. 20. '65
|\J[t i* PHILADELPHIA 1866.
19. ). inu pap i■: Rs ,
■'ALU. A BOURKE, Manuf icturcrs of Paper
I'Bgings. and Window Shades, corner Fourth A
market streets. Pbilad iphia Always in store, a
stock of Linen and Oil Shades.
2, lbfit-Jm
®l)c <3ei>forl) #a?dte.
BY MEYERS & MENGEL.
! o he =i>tlfovtl (iV.v?rrtr,
From the Northumberland Democrat
C AMPAIGN SONG.
We're on the road our Father? trod.
No more the spy. with treacherous nod,
i Can wield a despot's cruel rod,
I And that's what's the matter.
: The men whose slanders rourd us flew,
! II ho spied, and lied, and mobbed us too,
! Can't do just s they used to do,
And that's what's the matter
C BORIS : That ? what's the matter,
Their mobs have had to scatter.
When Andy shot, quacks went to pot.
And that's what •■> the matter.
! Bastile Provo's imps, and wags,
| And thieves, who stole our money gags,
; Don't want us now. to'-hist our iflags.''
And that's what's the mat.er.
| But always to the Union, true.
We'll not desert, because they do.
Here goes the old Red. White and Blue,
And that's what's the matter. '
CHORUS :—That's what's the matter, AC.
"Sustain the President," they said,
: "Uphold the Union's drooping head."
But now they wish that both were dead.
And that's what's the matter.
The "President" SHALL "be sustained,"
i By tiitb. aid loyalty, unfeigned,
j And Sh ddy be to Union CHAINED,
And that's what's the matter.
CHORUS :—That's what's the matter, is.
11 e re for the Union, as before,
The Constitution, and no more,
| We swear the oath, old Jackson swore,
And that's what's the matter.
The traitorous "Rump" i' need must feel,
The People's Wrath, the People's Steel !
'ihey SH ALL SOT harm the Public weal,
And that's what's the matter.
CHORUS : —That's what's the matter, Ac.
We've heard Thsd's whip, in Congress crack,
II eve seen the "Niggers" at his back.
He hates the White, and loves the Rlauk.
And that's whtu's the matter.
Rut don't you hear the White Men shout ?
Old Thud, and Charles are now played out,
And the great Fifteen have gut Ac GOUT !
And that's WHAT'S the MATTER !
CHORES : —That's what's the matter, Ac.
Veto of the Civil Rights Bill.
To fhe Senate of the United Slate.*:
I regret that the bill which has passed
both Houses of Congress, entitled "An
act to protect all persons in the United
States in their civil right-, and furnish
the means of their vindication," con
tains provisions which 1 cannot approve
consistently with my sense of duty to
the whole people, and my obligations
to the Constitution of the United States.
I am, therefore, constrained to return
it to the Senate, the house in which it
originated, with my objections to its
becoming a law. By the first section of
the bill all persons born in the United
States, and not subject tt> any foreign
power, excluding Indians not taxed,
are declared to be citizens of the United
States. This provision comprehends
theChineseof the Pacific States. Indians
sihjeet to taxation, the people eulL-l
Gipsies, a.- well as the entire race desig
nated as blacks, people of color, negroes,
mulattoes and people of African blood.
Every individual of these races born
in the United States is bv the bill made
a citizen of the United States. It dpes
not purpose to declare or confer any
other right of citizenship than "Federal
citizenship." It does not purport to
give these classes of persons any Uatm
as citizens of States, except that which
may r.-,-ult from their stain.* as citizens
of the United States. The power to
confer the right of State citizenship is
just as exclusively with the several
.States as the power to confer the right j
of Federal citizenship is with Congress.
The right of Federal citizenship thus i
to be conferred on the several excepted
races before mentioned, is now for the j
first time proposed to be given by law.
If. as is claimed by many, all persons j
who are native born are by virtue of
the Constitution citizens of the United
States, the passage of the pending bill :
cannot be necessary to make them such.
If, on the other hand, such persons are
not citizens as may be assumed from
the proposed legislation to make them
sueh, the grave question presents itself
whether, when eleven of the thirty-six
States are unrepresented in Congress at
this time, it is sound policy to make
our entire colored population, and all
other excepted classes, citizens of the
United States. Four millions of them
have just emerged from slavery into
freedom. Can it be reasonably supposed
that they possess the requi-ite qualifi
cations to entitle them to all the privi
leges and iinniunitH-s of citizens of the
United States? Have the people of the
several States expressed sueh a convic
tion? It may also be asked whether it
necessary that they should bedeclared
citizens in order that they may be se
cured in the enjoyment of the civil
rights proposed to be conferred by the
bill? Those rights are by Federal as
well as State laws secured to all domi
ciled aliens and foreigners, even before
the completion of the process of natu
ralization; and it may -afely be assum
ed that the same enactments are suffi
cient to give like pro ection and bene
fits for those to whom this hill provides
special legislation.
Besides, the policy of the government
from its origin to the present time,
seems to have been thai persons who
are strangers to, and unfamiliar with
our institutions and our laws, should
pass through a certain probation at the
end of which, before attaining the cov
eted privilege, they must give evidence
of their fitness to receive and to exercise
the rights of citizens, as contemplated
by the Constitution of the United States.
The bill in effect proposes a diserim
-1 ination against large numbers ff intel
ligent, worthy and patriotic foreigners,
and in favor of the negro to whom,
j after longyears of bondage, the avenues
to freedom and intelligence have just
i now been suddenly opened. He must
of necessity, from his previous unfor
tunate condition of servitude, be less
i informed as to the nature and character
of our institutions, than he who, coming
from abroad, has to some extent, at
lea-t, familiarized himself with the
principles of a government to which he
voluntarily entrusts life, liberty and the
pursuit of happiness. Yet it is now
proposed, by a single legislative enact
ment, to confer the rights of citizens
upon all persons of African descent born
within tin-extendedlimitsof tlieUnited
States, while persons of foreign birth,
who make our land their home, must
undergo a probation of five years, and
can only then become citizens upon
proof that they are of good moral char
acter, attached to the principles of the
Constitution of the United States, and
well disposed to the good order and
happipessof thesame. The first section
of the bill also contains an enumeration
of, the rights to be enjoyed by these
classes so made citizens in every State
and Territory of rhe United States.—
These rights are to make and enforce
contracts, to sue, be parties, and give
evidence, to inherit, purchase, lease,
sell, hfiid and convey real and personal
property, and to have full and equal
benefit of all laws and proceedings for
the security of person and property as
is now enjoyed by white citizens. So,
too, they are made subject to the same
punishment, pains and penalties in
common with white citizens and to
none others. Thus a perfect equality
of the white and colored races is at
tempted to be fixed by Federal law in
every Suite of the Union over the vast
field of State jurisdiction covered by
these enumerated rights, in no one of
these can any State ever exercise any
power of.discrimination between the
different races. I n the exercise of State
policy over matters exclusively affect
ing the people of each State, it lias fre
quentiy been thought expedient to dis
criminate between the two races.
By the statutes of some of the States,
Northern as well as Southern, it is en
acted, for instance, that no white person
shall intermarry with a negro or mu
latto. Chancellor Kent says, speaking
of the blacks, "that marriages between
them and the whites are forbidden in
some of the States where slavery does
not exist, and they arc prohibited in all
the slaveholding States; and when not
absolutely contrary to law, they art
revolting and regarded as an offense
against public decorum." Ido not say
that this bill repeals State laws on the
subject of marriage between the two
races, for as the whites are forbidden to
intermarry with the blacks, the blacks
can only make such contracts as the
whites themselves are allowed to make,
and therefore cannot, under thia bin.
enter into the marriage contract with
the whites. I cite this discrimination,
however, as an instance of the State
policy as to discrimination, ami to in
quire whether, if Congress can abrogate
all State laws of discrimination between
the two races in the matter of real es
tate, of suit-, and of contracts generally.
Congress may not also repeal the State
laws as to the contract of marriage be
tween the two races. Hitherto every
subject embraced in the enumeration of
rights contained in this hill has been
eon-ldercd as exclusively belonging to
the States; they all relate to the inter
nal policy and economy of the respec
tive States. They are matters which,
in each State, concern the domestic con
dition of it- people, varying in each ac
cording to its own peculiar circumstan
ces and the safety and well-being of its
own citizens,
I do not mean to say that upon all
these subjects there are not Federal re
straints. As, for instance, in the State
power of legislative over contracts j
there is a Federal limitation that no
State -hall pass a law impairing the oh-;
ligations of contracts; and as to crimes
that no State shall not pass an ex post
facto law, to money, that no State shall j
make anything but gold and silver a I
legal tender. Hut where can we finda
Federal prohibition power
of any State to discriminate as to most
of them, between aliens and citizens,
between artificial persons, called eorpo-;
rations, and national persons, in the
right to hold real estate. If it be gran-,
ted that Congress can repeal all State I
laws discriminating between whites
and blacks hi the ? übjeets covered by
this bill, why, it may be asked, may
not Congress repeal, in the same way,
all those laws discriminating between
the two races on the subject of suffrage
and office. If Congress can declare In
law who shall hold lands, who shall
testify, who shall have capacity to make
a contract in a State, then Congress can
by law also declare who, without re
gar I to race or color, shall have the
right to sit as a juror or as a judge, to
hold any office, and finally to vote, in
every State and Territory of the Uni
ted States. As respects the Territories,
they come within the power of Con
gress, for as to them the law-making
power is the Federal power; but as to
the States, no similar provision exi>ts,
vesting in Congress the power to make J
rules and regulations for them.
The object of the second section of
the bill is to afford discriminative pro
tection to colored persons in the full
enjoyment of all the rights secured to
them. Hy the preceding section it de
clares that "any person who, under col
or of any law, statute, ordinance, reg
ulation or custom, shall subject or cause
to be subjected, any inhabitant of any
State or Territory to the deprivation of
any right secured or protected by this
act, or to different punishment, pains,
or penalties, on account of such person
having at any time been held in a con
dition of slavery, or involuutary ser
BEDFORD, PA.. FRIDAY MORNING, APRIL 6, 1866.
vitude, except as a punishment for
crime where of the party shall have j
been duly convicted, or by reason ofj
his color or his race, than is prescribed .
for the punishment of white jcersons,
shall be deemed guilty of a misdemean
or and on conviction shall be punished
by tine not exceedingonethousand dol
lars, or imprisonment not exceeding ;
one year, or both, in the discretion of
the court," This section seems to be
designated to apply to some existing or
future law of a State or Territory, j
which may conllict with the provis- j
ions of the bill now under considera-i
tion. It provides for counteracting •
such forbidden legislation by imposing
a tineand imprisonment upon the leg
islators who may pass such conflicting
laws, or upon theotficersor agents who
shall put or attempt to je.it them into I
execution. It means an official offense, j
not a common crime committed against
law" upon the person or property of the I
black race. Such an act may deprive !
the black man of his property, but not j
of the right to hold property. It
means a deprivation of this right it- j
self, either by the State judiciary or I
the State Legislature. It is, therefore,
assumed that, under this section, mem- j
hers of State Legislatures who should j
vote for laws conflicting with the pro
visions of this bill, that judges of the
State courts who should render judge-,
ments in antagonism with its terms, i
and that marshals and sheriffs who j
should, as ministerial officers, execute i
processes sanctioned by State laws and
issued by Slate judges in execution of
their judgements, could be brought be- j
fore other tribunals, and there subject-;
ed to fine and imprisonment for the i
performance of the duties which such !
State laws might impose. The legisla-1
tion thus proposed invades the judicial !
power of the State. It savs to every!
State court or judge, "If you decide
that thisactis unconstitutional; if you j
refuse, under the prohibition of a State
law, to allow a negro to testify; if you ;
hold that, over such a subject matter, j
the State law is paramount, and under
color of a State law refuse the exercise
of the right to the negro, your error of
judgement, however conscientious, ;
shall subject you to fine and imprison
ment." I do not apprehend that the
conflicting legislation, which the bill
seems to contemplate, is likely to oc
cur as to render it necessary at this time
to adopt a measure of such doubtful
constitutionality.
In the next place this provision of;
the bill seems to be unnecessary, as ad
equate judicial remedies could be ndop
ted ♦He* tiosirc*"! ciiti v>-;ti,nnt
involving the immunities of legisla
tures, always important to be preserved
in the interest of public liberty—with
out assailing the independence of the
judiciary, always essential to the pres
ervation of individual rights, and
without impairing the efficiency of
ministerial officers, always necessary
for the maintenance of public peace and
order. The remedy proposed by Ibis
section seems to be in this respect not
only anomalous, but unconstitutional,
for the Constitution guarantees noth
ing with certainly if it does not ensure
co the several States the right of ma
king and executing laws- in regard to
all matters arising in their jurisdiction
subject only to the restriction that in
cases of conflict with the Constitution
and constitutional laws of the United
States, the latter should be held to he
the supreme law of the lan .
The third section gives the District
Courts of the United States exclusive
"cognizance of all crimes and offenses
committed against the provisions of
this act," and concurrent jurisdiction
with the Circuit Courts of the United
States of all eiviland criminal cases af-'
feet ipersons who are denied or can
not enforce in the courts or judicial tri
bunals of the State or locality wherever
they may be, any of the right.- secured
to them by the first section ; and the
construction which I have given to the
second section is strengthened by this
third section, for it makes clear what
kind of denial or deprivation of the
rights secured by the first section was
in contemplation. It is a denial or de
privation of such rights "in the courts
or judicial tribunals (g the State." It
stands, therefore, clear of doubt that
the offense and penalties provided in
the second section are intended for the
State judge, who, in the clear exercise
of his functions as a judge, not acting
ministerially, hut judicially, shall de
cide contrary to this Federal law.
In other words, when a State judge,;
acting upon a question involving a j
conflict between a State law and a Fed
eral law, and bound, according to his
own judgment and responsibility, to
give an impartial decision between the .
two, comes to the conclusion that the j
State law is valid and the Federal law
is invalid, he must not follow the dic
tates of his own judgment at the peril ;
of fine and imprisonment. The legis- i
lative department of the Government
of the United States thus takes from |
the judicial department of the States I
the sacred and exclusive duty of judi
cial decision, and converts the State ;
judge into a mere ministerial officer,
bound to decide according to the will
of Congress.
It is clear that in the States which de
ny to persons whose rights are secured
by the first section of the hill any one
of these rights, all criminal and civil
cases affecting them, will, by the pro
vision of the third section, come under
the exclusive cogniza.nee of the Feder
al tribunals. It fol lows that if any
State which denied to a colored person
any one of all those rights, that per
son should commit a crime against the
laws of the State, murder, arson, rape,
or any other crime, all protection or
punishment through the courts of the
State are taken away, and he can only
be tried and punished in the Federal
courts. How is the criminal to be tri
ed if the offense is provided for and
punished by Federal law, that law and
not the State law is to govern ?
It is only when the offense does not
happen to he within the purview of
Federal law that the Federal courtsare
to try and punish him. Under any
other law, then rdkort is to he had to
the common law as modified and chang
ed by State legislation, so far its the
same is not inconsistent with the Con
stitution and lav..-of the United States.
So that over this vast domain of crim
inal jurisprudence, provided by each
State for the protection of its own citi
zen-, and for the punishment of all per
sons who violate its criminal laws, Fed
eral law, wherever it can be made to
apply, displaces State law. The ques
tion here naturally arises, from what
source Congress derives the power to
transfer to Federal tribunals certain
classes of cases embraced in this sec
tion? The Constitution expressly de
clares that the judicial power of the
United States shall extend to all cases
in law and equity arising under this
Constitution, the laws of the United
States, and treaties iriadeor which shall
be made under their authority; to all
cases affecting embassadors, other pub
lic Ministers, and consuls; to all cases
of admiralty and maritime jurisdic
tion ; to controversies to which the
United States shall be a party; to con-
troversies between twoor more States;
between a State and citizens of anoth
er State; between citizens of different
Slate-; between citizens of the same
State claiming land under grants of
different Siat< -; and between a State,
or the citizens thereof, and foreign
States, citizens or subjects.
Here the judicial power of the Uni
ted States is expressly set forth and de
fined, and the act of Sept. tilth, 178!>,
establishing the judicial courts ot the
United States, in conferring upon the
Federal courts jurisdiction over cases
originating in State tribunals, is care
ful to confine them to the classes enum
erated in the above-recited clause <>f
the Constitution. This section of the
bill undoubtedly comprehends cases
and authorizes the exercise of powers
that are not, by the Constitution, with
; in the jurisdiction of the courts of the
United States. To transfer them to
; thn of the United State* would
I bean exercise of authority well calcu
lated to excite distrust and alarm on
; the part of all the States, fpr the bill
I applies alike to all of them—as well to
those that have as to those that have
not been engaged in rebellion. It may
he assumed that this authority is inci
dent to the power granted to Congress
by the Constitution, as recently amend
ed. to enforce, by appropriate legisla
tion, the article declaring that neither
slavery nor involuntary servitude, ex
cept as a punishment for crime, where
of the party shall have been duly con
victed, shall exist within the United
i States, or any place subject to their jur
isdiction.
It cannot, however, be justly claiin
| od that with a view to the enforcement
of this article of the Constitution there
: is at present any necessity for the ex
: ereise of all the powers which this bil.
\ confers. Slavery has been abolished,
and at present nowhere exists within
; the jurisdiction of the United States,
nor has there been, nor is it likely there
will be any attempt to renew it by the
people or the States. If, however, any
such attempt shall be made, it will be
come the duty of the General Govern
ment to exercise any and ail inciden
| tal powers necessary and proper to
| maintain inviolate the great law of
freedom.
The fourth section of the bill provides
that officers and agents of the Freed
men's Bureau shall be empowered to
make arrests, and also that other offi
cers may be specially commis-ioned for
that purpose by the President of the
United States. It also authorized Cir
cuit Courts of the United States and
the Superior Courts of the Territories,
to appoint, without limitation, com
missioners, who are to be charged with
i the performance of quasi judicial du
; ties.
The fifth section empowers the com- i
inissioners, so to be selected by the !
courts, to appoint in writing under tiieir
hands, one or more suitable persons,
from time to time, to execute warrants
and other prosecutions desired by the
hill. These numerous official agents j
are made to constitute n sort of police i
in addition to the military, and are au- j
thorized to summon a posse comiUttus,
and even to call to their aid such por- j
tions of the land and naval forces of I
the United States, or of the militia, as j
may be necessary to the performance
of the duty with which they areeharg- ;
ed. This extraordinary power is to be j
conferred upon agents irresponsible to i
the governments and to the people, to j
whose number the discretion of the
commissioners is the only limit, and in
whose hands such authority might 1 e
made a terrible engine of wrong, op- I
pression and fraud.
The general statutes regulating the j
land and naval forces of the United
States, the militia, and the execution < f
the laws, are believed to be adequate
f>r every emergency which can occur
in time of peace. . If it should prove
otherwise, Congress can at any time
VOL. 61.—WHOLE No. 5.342.
mend those laws in such a manner as,
while subserving the public welfare,
not to jeopardize the rights, interests
and liberties of the people.
The seventh section provides that a
fee of ten dollars shall be paid to each
commissioner in every case brought be
fore him; and a fee of five dollars to
his deputy or deputies for each person
he orxhey may arrest and take before
any such commissioner, with such oth
er fees as may be deemed reasonable by
such commissioner in general for per
forming such other duties as may be
required in the premises. All these
fees are to he paid out of the Treasury
of the United States, whether there is
a conviction or not; but in case of con
viction they are to be recoverable from
the defendant. It seems to ine that un
der the influence of such temptation
bad men might convert any law, how
ever beneficent, into an instrument of
persecution and fraud.
By the eighth section of the bill, the
United States Courts, which sit only in
one place for white citizens, must mi
grate, the marshal and district attorn
ey, and necessarily the clerk, although
lie is not mentioned, to any part of the
district, upon the order of the Presi
dent, and there hold a court, for the
purpose of the more speedy arre-t and
trial of persons charged with a viola
tion of this act: and there the judge
and the oflicers of the court must re
main, on the order of the President, for
| the time designated. The ninth section
j authorizes the President, or such per
i son as lie may empower for that pur
| pose, to employ such part of the laud
| or naval force of the United States, or
: of the militia, as shall be necessary to
| prevent the violation and enfore the
due execution of this act. This lan
guage seems to imply an important mil
itary force, that is to be always at hand,
and whose only business is to be the
: enforcement of this measure over the
vast region where it is intended to op
erate.
I do not propose to consider the pol
icy of this bill. To me the details of
the b!il are fraught with evil. The
white race and the black race of the
South have hitherto lived together un
der the relation of master and slave
capital owning labor. Now, suddenly,
that relation is changed; and, as to
ownership, capital and labor are di
vorced. They stand now each master
of itself; in this new relation one being
necessary to the other.
There will be a new adjustment which
both are deeply interested in making
harmonious. Each has equal power in
settling the forms, and if left to the
laws that regulate capital and labor, it
is confidently believed that they will
satisfactorily workout the problem.—
Capital, it ii true, has more intelligence,
but labor is never so ignorant as not to
understand its own interests, not to
know its own value, and not to see that
capital must pay that value. This bill
frustrates this adjustment, it intervenes
between capital and labor, and attempts
to settle questions of political economy
through the agency of numerous offi
cials, whose interest it will be to fer
ment discord between the two races.—
So far as the breach widens, their em
ployment will continue; and when it
is closed, their occupation will termi
nate. In all our history, in all our ex
perience, a> a people living under fed
eral and State law, no such system as
that contemplated by the details of this
bill has ever before been proposed or a
dopted to establish for the security of
the colored race safe-guards which go
infinitely beyond any that the General
Government has ever provided for the
white race. In fact, the distinction of
race and color is by the bill made to op
erate in favor of the colored and against
the wiiite race.
They interfere with the municipal
legislation of the States, with the rela- ;
tions exclusively between a State am!
its citizens, or between inhabitants of,
the same State—an absorption and as
sumption of power by the General Gov
ernment, which, if aequi seed in must
sap or destroy our federative system of
limited powers and break down the
barriers which preserve the rights of
the States. It is another step or rather
stride, toward centralization, and the
concentration of all legislative powers
in the national government. The ten
dency of the bill must be to resuscitate
the spirit of rebellion and to arrest the
progress of those influences which are
more closely drawingaround the States
the bonds of Union and peace.
Mv lamented predecessor, in his proc
lamation of the Ist of January, 1863,
ordered and declared that all persons
held as slaves within certain States, and
parts of States therein designated, were
and thenceforward should be free: and
further, that theExecutivegovernment
Of the United States, including the
military and naval authorities thereof,
would recognize and maintain the free
dom of such persons. This guarantee
has been rendered especially obligatory
and sacred by the amendment of the
Const itut ionabolishingslavcry through
out the United States. 1 therefore ful
ly recognize the obligation to protect
and defend that class of our people
whenever and wherever it shall become
necessary, ami to the full extent com
patible with the Constitution of the
United States.
Entertaining these sentiments, it on
ly remains forme to say that I will
cheerfully co-operate with Congress n
any measure that may be necessary f< r
• the promotion of the civil rights of the
j freed men, as well as those of all other
, classes of persons throughout the Uni-
ted States by judicial jirocess, under e
qual and impartial laws, in conformity
with the provisions of the Federal Con
sitution. I now return the bill to the
Senate, and regreCthatin considering
the bills and joint resolutions, forty-two
in number, which have been thus far
submitted for my approval, I am com
pelled to withhold my assent from a
s fond measure that has received the
sanction of both Houses of Congress.
ANDREW JOHNSON.
Washington, D. €., March 27, IbCO.
A MISSION AK\ s AUVENTURE WITH
CANIBALS. —An English missionary,
who describes life in New Zealand in
the last number of Hours at Ilcmc , re
lates an incident that occurred to him
on one of the South Pacific Islands.
While on a cruise, he touched at a
small island for fresh lruit and vegeta
bles. Of these he obtained a full sup
ply, and was about leaving, when a
chief asked him if he would like M me
fresh food. Says the missionary
"Thinking that doubtless they lad
hogs, 1 said ye s; lie gaveaquick glance
around him, as if he were looking for
a messenger, and singled out and call
ed to a fine young lad, apparently about
18 years of age. The boy came and
stood before him ; and belore I knew
what he was about to do, and having
my back turned to him, 1 heard the
sound as of a heavy .blow, and looking
quickly round, found the still quiver
ing body of the boy laid at my feet,
with the words, '/ ievi auo (e kai.' (Is
that food sufficient for you?) Horror
stricken, I denounced most bitterly the
deed, and leaving all the provisions
behind 011 the ground, returned sor
rowfully on board."
A Heroic HUNTER.— Lord St. Maur,
second sun of the Luke of Somerset,
lately died in India, in consequence of
a fight with a bear, while hunting. He
suddenly came across the animal, at
which he fired his pistol, lodging the
contents in the animal's bieust. It
then attacked him, when drawing a
sheathed knife, his lordship thrust it
into the bear, inflicting a mortal wound.
In the scuffle, however, they had Loth
approached a precipice over which
they together fell. Here the beateis
came up and relieved Lord St. Maur
from his adversary, liis presence of
mind did not forsakehim, and he wrote
with a pencil on the sheath of his
knife (having no other appliances,) to
his fellow sportsmen, informing them
of his condition.—They having arri
ved, a great difficulty was experienced
as to removing him from the ravine in
to which lie had fallen. Amputation
of the log was resolved upon, to which
the sufferer submitted heroically, lie
soon, however, began to sink from the
combined effects of the operation and
the shock his system had sustained,
and died.
TAKE care of your health and take
plenty of sleep. Let no one work in
pain or weariness. When a man is tired
lie s. ould lie down until he is fully rest
ed, when, with renovated strength the
work will he better done, done sooner
and with self-sustained alacrity. The
time taken from seven to eigiit horns'
sleep out of each twenty-four is time
not gained, but much more than lost ;
we can cheat ourselves, but we cannot
cheat nature. A certain amount of
food is necessary lor a healthy body,
but if less than the amount be furnish
ed decay commences the very hour.—
it is the same with sleep; any one who
persists in allowing himself hss than
nature requires will only hasten his u:-
rivai to the mad house or the grave.
FAVORITES.—Says a sensi. le writer,
"I have ever found that men who are
really most fond of the society of ladies,
"who cherish for them a high respect,
nay, reverence them, are seldom mo-t
popular with the sex. Men of more
assurance, whose tongues are lightly
hung, who make words supply the
place of ideas, and place compliment in
the room of sentiment, are the favor
ites. A true respect for women leads
to respectful action towards them; and
respect is usually a distant action, and
ais great distance is taken by them lor
.. gleet and want of interest."
A YOUNG ladv explained to a prin
ter, the other day, the distinction be
tween printing and publishing, and at
the conclusion of her remarks, byway
of illustration, she said: "Ywu may
print a kiss tin my check, butyou must
not publish it."
"THE times are hard, wife, and 1
find it difficult to keep my uose above
water."
"You could easily keep your nose a
bove water, husband, if you didn't
keep it so often above brandy."
A GKEEK maid, being asked what
fortune she would bring her husband,
replied, "1 will bring nini what goal
cannot purchase—a heart unspoiled,
a virtue without stain, which is a;i that
descends to me l oin my parents. '
THE question " W'ny do printers not
succeed as well as brewers V" was thus
answered: "Because printers work for
the head, and brewers for the stomach ;
and where twenty men have stomachs,
but one lias brains."
AN old lady when ton! of her hus
band's death exclaimed, "Well, i do
declare, our troubles never come alone,
it ain't a week since 1 lost my best
hen, and now Mr. Thomas has gone too,
poor man!"
How to live oil a penny a day: For
your breakfast eat a penny 's worth of
dried apples, without drink ; lor din
ner a quart of water to sw ell theappiis;
take tea with a friend.
THE happiness of life consists in do
ing good u> all men, and keeping our
selves unspotted irom the world.
"To BE UK AOT TO BE."—TICK'S the
question. To be lor negro sutlrage ui.d
vote for Geary—or not to be, anei vote
lor Clyuur.