ED
H
H
J.
O
VOL. VI.-No. 61.
PHILADELPHIA, TUESDAY, SEPTEMBER 11, 18GG.
DOUBLE SHEET TIIItEK CENTS.
3 M
NEW ORLEANS MASSACRE.
Ofllein.. Ileport or Mnjor
Gencritl IJnli-tl.
The Police Could Have Suppressed
the Riot lUtl They Not
Been the Rioters.
lie Besponsibility of the Crime Fixed
Upon the Rebel Authorities.
Ktc., Ktc, Etc., Etc., Ktc, Ktc.
Hkadqdaktbbb Department of Louisiana,
New Oulkanb, La., August, 1800. l.iouonant
Colonel George Lee, Assistant Adiutant-Uenoral
Colonel: 1 bave the honor 10 submit lor the infor
mation of the Major-ueneral commanding the fol
lowing report concerning the not ol the 80lh ultimo.
It was a matter of public notoriety that the Con
vention ol 1804 was to meet here on that date.
Some weeks previously it had teen in session, and
had continued its session dunn several days, it
bad excited much opposition, aud there were threats
ot breaking tt up; yet t remained undisturbed, and
to one unacqnaintcd with the political view and
considerations by which the persons hostile t it
were influenced, there was no reason to suppose that
the proposed assemblage would not be passed by in
the same peaceable manner.
Since the riot, 1 bare been Informed by gentlemen
ol the highest character planters of wealth and in
fluence, belonging to the party inimical 10 the Con
vention that ihe question of its meeting had been
by them fully discussed in all of its bearings; that it
bad been proposed, first, to treat it with ridicule,
next 10 go into the movement, and, by superior
comber", to send delegates to ovcrwholm aud con
trol it. lint upon reflecting that the members al
ready elected would be the iuues as to the qualifi
cation of new one, it ti feared that this purpose
might be frustrated, and it was then determined to
treat the meeting as an unlaw l ul assemblage and as
such to break it up at all hazards.
1 mention these lucts to sho v that, whilo to those
oufide the political arena tue dangers ot disturb
ance might nave appearod imminent, to one like
msell entirely outs do the nnc, keeping uivself so
from a sense ol dutj no such view could have pre
sented itself.
1 hcv go also to show that the ground that I took
as to the right of the Con vcution to operate, so long
as no overt ac. ot hostility to iho established Stato
Government was committed, was not until a recent
date deputed, and it is now maintained by many
prominent lawyers in tin city.
As lo the Convention it-elf, being personally ac
quainted with but two or three of its membors, and
as 1 had no intercourse with them, 1 may not havo
understood properly the object it had in view. AIv
inloruiation concerning it was nearly all derived
trom iiLlriendly sources but lrom the litilo know
ledge I had upon Uio sut ject, J cou d not perceive
that the geuliemeu couvosiug this Convention had
any more authority to cmodui tho Mate Ciovorn
menttlan any other nssombmgo of citiaons. Yet I
believed they ha J u light to moet und to ta k and to
resolve, proviuod thev commuted no breach ot the
peace.
Mad the result been to obstruct any officer of the
Stato In the excrete ot Ins office, or un attempt
upon the part of any person to exercise tho func
tions ol any Mate otlic, uutx autliorizeu to do so
bv the Piesidtnt oi tho Lulled Mates, 1 should
nave regarded this as au ov rt act. caliiu; tor mili
tary interierenco, provided ihe civil powers wore
unable to dikud tin mseives and punish the ag
gressor. 1 believe, fnithcr, to arrwt these citizens and hold
them to bail prior to the couiiuibjion oi any overt
act of crime, was a violation o their rights, and hud
the civil courts tailed to ro evo them promptly lrom
such duiess, upon a writ of habeas corpus, it would
become urn duty, if cul cd upon m conformity with
the requiromoiitstot tho ircirt order ol tho Lieu
tei ant-cenerul ooinmaudiutf tlie armies designed
lor tue protection ot American citizen?, to mieriore
with military force lor their relief, and possibly to
talto into custody aud lio'd in uihtaiy confinemont
those who bad committed the wronjr. This idea in
relation to my duties, under tho order of General
brant, 1 endeavored to convey to the gentlemen
who came to Bee me in relutiou to breaking up the
Contention.
On Friday night, July 27, a meeting of radical
persons was held in the Mechanics' Institute. It
was composed large y ot colored peop'e, and was
addressed by ex-Governor Halm, lr. Dostie, aud
others. At a later hour a toroblight procession o
the same individuals was addressed in tront of the
City lisll by Dr. Dostie. All of these speeches, ex
cept those ot ir. Dostie, are said to have been tem
perate. Of this, the oniy report which we have is
to be found in opposition papers, aud its authenti
city is denied, the words nut into his mouth by his
enemies were violent aud indiscreet, and, an the
version or his remarks was widely disseminated, it
did undoubtedly have much effect in exciting the
public mind. In tho same category with the speech
attributed to Dr. Dor tie must be placed the charge
of Judge At eli to the Grsnu Jury ot the parish, in
relation to the C nvention. The extraordinary sen
timents which be then put forth, Che occasion which
be selected lor their utterauce, and the intemperate
language in which they were clad, were all calcu
lated to breed popular tumult.
To toe Major-General commanding the Division,
wbo has bad so much longer time to observe the
character of the prominent inon ot this community,
1 need not speak ot tue unscrupulous character of
this gentleman, a- dup ayed in Bis official capacity.
We have only to lament thai we find in tit posi
tion a person ready to pervert tho sanctity with
which we all wish to enshroud the law to the ac
complishment ot political party euds.
Un Saturday, the 28th of July, I had a call from a
member ot the Convention, the only direct commu
nication 1 bave had wua any person connected
with ir. Our interview was quite brief, He in
formed me that toey designed to meet on Monday,
and that it was understood they mirbt be inter
fered with by the city authorities He told me
nothing ftith regard to their views and objects, in
reply 1 intormed him that I bad but a correspond
ence with the ilavor upon the subject, and that
alter what bad pa-sea between us 1 did not think
ibe Convention men ueed luur violence
During tbe uay of Sunday, the 29th, I gave orders
to the troops one regiment ot which, a colored resrt
mem, was quartered in tli up pet part ot tbe city,
and tbe other, a regiment oi regular lnluutry, to
gether with the battery at Jackson Barracas, at the
lower end ol tue city to ho d themse.ves, Cur mirh
out tbe day of Monday, in readiness to march at a
moment's notice: to remain however, within the
Jimna of their respective camps. I also made ar
rangements for having a sieuuier at tbe oarraeks
early in the morning, to keep up steam, and be
ready to bring forward the uooos rapidly to the
point required A swift tug was kept at the foot of
Canal street, as the spoeduat method ot conveying a
message to the officer In cominuud, should his ser
vices be called lor. These dispositions tor keeping
our soldiers out ot the streets ot the citv were made
as much to prevent tho excitement wuich auv osten
tation of military movement wou d have produced,
un tn keen the men in readiness lor service. Fur the
same reason the steamer seut to Jackson Barracks
was directed to move there at an hour when not
lik.lv in attract ihe attention ot ihe pno.ic. bo im
portant did it appear in order to quiet down tbe
growing excitement that military parade should be
avoided.
Wasbinctom, Julv 8, IS86. Albert Voorhees, Lieutenant-Governor
Louisiana. Sir: The miliary will
l expected to sustain, and not obstruct or iuteriere
.i.i, h ........... n..- ,.t tna rmirlH A dosnatch ou the
anbjeetof the Cuuventlon was sent to "ovw-nor Wells
'U11S mOlBIUH. n rfUll.w,
Th anti.m-itir nf thli rixsnatnh I saw no reason to
ilnukt i,ui ii vm am.iiaiiiuia as to the wishea ot the
Government in relation to the Convention. The
difficulty lav 1b dtrmintna- wbo were tne legal au
thorities whom tbe military were expected to sup
port ana sustain. Judge A bell, ol one oi tne estate
Courts, baa but recently. In a charge to tbe Grand
Jury ot his district, denounced the Convention of
1804 as nnlawlul, and fur this, aa well as for the sen.
timenta expressed bv him. he had been arrested by
tbe United States Commissioner, and bound over
lor trial at tne next session ot tbe umiea rjtates
loons. Tbe question then arose as between Judge
A bell and Judge Shannon, which was the military
authority to recognize as the Court Intended by tbe
Jwadtnt,, JM joursaia which published tbe Ue
patch referred to, in commenting npon it, remarked
that while ino Department Commander would
doubtless give any assistance that micht be required
to the civil officers, in breaking np tne Convention,
that none would be asked lor, as none would be
required.
At about 11 o'clock ot that day 1 was again called
npon by Lieutenant-Governor Voorhees, and after
a short conversation I informed him that I bad as
yet received no instructions lrom the War Depart
ment ; that I bad no ooubt as to my duty, and that
1 saw no reason for changing my con i so of action.
I said, moreover (I am quite sure it was at this inter
view 1 said It), that.apait lrom the n Hilary considu
ration, by which alone I was governed, I thought
it a very grave step for the friends oi the Frosident
to take to bang about his reck the responsibility
of breaking up a Convention sanctioned bv the
Governor, wittiont knowing that ho (tho rreidint)
aenired it. AVithout instructions to that effect I
could not approve It.
Finding 1 did not propose to dovlato from tho
course wblch we had agreed to take, npon Satur
day it was reiterated in all its particulars. Atttiis
Juncture, aiter baring explained the dispositions
which 1 had made of the troops; that tiny were
ready at Jackson Barracks, three miles from
Canal Hreet; that I bad a steamor ready to bring
thorn np, and a tug by which to send word to
them tbe very moment I might be informed that a
crisis demanding their presence was likely to anse,
1 remarked that were 1 not afraid my motives in
bringing soldiers into the streets might bo mis
unaersiood, and regarded as a design to give mili
tary giardianship to the Convention, I would be
triad to post a tew men in the street ou either tide of
Mechanics' Institute, at a distance of one or two
squares from it.
I be Lieutenant-Governor seemed to be pleased
With thi proposition, and promixed that such action
siiouid not be misinterpreted by his trloudn, as a
violation ot the neutrality which I wished to pre
serve. This acceptance of the services of troops
pioflered by me, not demanded from me, was the
first thing approaching to an understanding or pro
position reia'ive to the presence of soldion, that
passed between us, between me and any one.
This, it may be observed, tooK place aiter the propo
sition to arrest the members ol tbe Convention, hrst
by the Mayor and then by the Sheriff, bad been given
up, and the determination to permit tho mei'ting to
go on until instructions to the contrary had been re
ceived, decided fpon.
Can it be poBsiole that the police had tho men de
tailed as a hhcriff s poso, having been instructed
already to act upon tbe othor hypothesis that of
preventing the assembly were p reputed, and in
poxition tor that purpose, aud tor this reason were
leared by their own leaders, now that anotner course
was to bo pursued? However this may be, 1 agrerd
to send to tho barracks for four companies, and to
have them somewhere in the street, nearly ono hour
bolore the Convention should meet. 1 nad acquired
tho impression, although X cannot now say wuo in
foimedme, that tho Convention was not to meet
until 6 o'clock in tbo evening.
It may be that the hour of niee'ing was not men
tioned during tbe interview which I now describe,
tut as it was then la.t approaching 12 o'clock, tho
Lieutenant Governor must have porcoivod tnat my
proportion to send lor the trooos and have them on
the ground in advance of the actual hour at which
the meeting was to take place (if he understood it
to be 12 o'clock), was impo.-Biblo, vet the erroneous
iiiiprcs'ion was not cortected. Had tho obicct of
this call upon me been, as has been to:d in the pub
lic prints, to ask from the military support tor the
civil lorce in a cilsis which it was seen ,vaa likely to
approach, the hour when the troops would bo
needed vtouid not havo been led in doubr, nor
would other details ot arrangements havo boen over
lookeo. The truth if, tho Lieutenant-Governor leit mo, de
claring the belief tnat tho day wou'd pass off
peaceably; and I was satisfied ho was siucora I tie
real object in view was 10 induce me to recde lrom
the position I had taken ou Saturday, in conse
quence ot the telegram trom the frosident. aud to
Una my sanction for dissolving the Convention
As toon as ho had departed I sour, an officer to
Jackson Itarrucks to bring up tho available men ot
the 1st lnluutry Kegiment, and to locate thorn near
the levee on Caual sueot, so as lo be out of the nay,
yet to bo wi'hin reach it required.
It was now about 12 o'clotu, aud being convinced
from the many aswonces I had received that citi
zens bo.-tne lot lie meeting would, in obedience to
the request ot tho civil authorities, keep out of tho
wav.uud that the po ico force would be on theeronud
to tuko into cu-tody those guilty of Iho iirst disor
ders, 1 saw no chauco lor a disturbance unless it
might arise from tho accidental colii-ion witti dis
orderly whito men of tome of the colored persons,
who, it was said, might collect outsido the buildiug
to protect the Convention. I was satisfied, from
the natural peacelulccss ot their character, that
the negroes would never be aggressive but lelt
that their appearance at such a time mieht
provoko attach lrom low aud ignorant white
men, to whom they are always an object of hatred,
To remove this lust chance, as 1 supposed, of dis
order, I desired to find some persons be onging to
the Convention to request that the members of tho
body themselves would rreet with as little display as
possible. Kot knowing the residence ol any ol them
except Judge Howell, I took a carriage and drove
to his house. On my arrival I learned, much to my
surprise, that the Convention bad actually already
met, ano tjat tbe Judgj had already gone to it. I
then returned immediately to my office, aud soon
aiter information was brought m with respect to the
lift acts ot di.oruer on Canal street At once a i
second messenger was despatched to hasten for vard
tbe troous that had been sent lor, and alao(to brio,'
up the uitillery.
I iitewi-e sent a staff officer to the Hall of Assem
bly to procure iuiormation as to the actual state ot
atljiif. un nls return he intormed mo that he hud
met Judge Howell in the Governor's Koom. aud
learned lrom him that the Convention had met soou
alter the hour of noon, and bad adjourned tor want
of a quorum, but that it would again assemb'e at 1
o'ciock, ana ii no quorum was men present woimi
adjourn over to tno next day. He spoke ot the dis
turbance that had taken place in the street, but did
not seem to anticipate anything more serious.
1 rotu this time toiward messengers continued
constantly to conie.m bringing news of tho renewal of
the riot, of the arrival ot fresh bodies ot police ou
the ground, and finally ot tbe attack ou the build
ing itsoti. Among tne last ot these was siavor
Monree. who came in burriedlv a little after 2
o'c.ock, and inquired "when the troops I propped
iu uruii up huuiu arnyg r- i repnea, ruat oy mat
very lime they should be on Caual street. He then
asteu, ratner "anxiously," "win tney newnite
troops T" "Will they act along with inv police)''
1 replied that I would have some white troops, aud
that I would suppress the riot no matter who wjre
engaged in it.
Ibe interview lasted but a few motneuta, aud these
three interrogations, together with my rep.ies to
bun, constituted the substance of the entire conver
sation which pased between us on the occasion.
They furnish a key to what was passing in his mind
at a time when be kuev his police had gono beyond
all bounds that could be justified by people ot auv
party, ttud felt the heavy weight which responsibility
lor their act vtouiu impose upou mose accountable
lor them. The statement he has since made, as to
telling me then that he held me responsible tor the
bloodshed ol that (lay, is entirolv errouuous
The error may nave been worwea up in nis miuu
bv the excitement ot tbe occasion iu contoundiu
subsequent thoughts with the events as tliev trau
oired. It is not piooaMe that 1 would have received
such an accusation without roientinn it, nor wou d
he have neglected, in stutmg bis remarks, in givm
uiv reolies, had 1 u ade any. I immediately
mounted my horse aud rode to Caual stiee;, wuere
the soldiers were then arriving. This was about
2 40 o'clook. Ihe troops wore at ouca ui ivo J up
Caual street to tbe Cily Hail, where tne Assembly
hid met, but on the way encountered a largo crowd
ol white men and bo s, generally armed with pis
tols, and many ot them amok and prepared tor
lurther disorder. These were disperse! by somliug
stiong patrols to clear the various streets aud warn
pcopie to retire to their homes. 'Ibe Mechanic'
Institute was already in the possession of the police,
most ot tboso who had been within its walls liariu t
been either killed, wounded, or captured aud sent
to prison.
It would not be orooer. in a report of this charac
ter, to state positively and mlnut-ly what did oecur
durins the riot. Tho testimony of sworn witnesses,
which is now being taken by a Bnaid appointed tor
the purpose, wili establish those lacU ueyoud a
doubt. It is enough lor our present purpose to state
'hat. aeoordiiur to the information we receive, tbe
first act oi disorder occurred asa procession ot aoout
f ftO colored men was moving through Caual street.
Tbete men were sreucrallv armed with clubs or
sticks, and perhaps one in ten had a pistol. Tho
procession was precoded with mutio and the Ameri
can flag. It was fired upon, and tbe most trust
worthy evidence goes to show that the shot came
lrom a restauraut on Canal street.
Another account status that the shot was fired bv
a negro in me procession at some one who at
attempted to takothe flag lrom them. A rush was
then made upon the procession by policemen and
eitizens, and perhaps, a lew more pistol shots were
exobanged, but I Und no evidence to that effect. Id
few momenta all was over and quiet restored; tbe
ponce niaue mree arrests, ana earned off tuoir pn
sonnrs, while the colored men passed on to the
Mechanics' Institute. There were very few persons
injured in Ihe encounter, probably not moie than
two or three. It was a very trifling arlair, and was
suppressed easily.
alter this tbe colored people who wore not insnlo
H e Mechanics' Institute were assembled in front of
that building iu Drvades street, occupying that
position between Common and Canal streets. At
th same time tbe hostile citizens were collecting in
Canal and Common streets, but slightly separated
from the negro gathering. The entire number o'
persons, including the Convention and those friendly
to it, both insido and outside of the building, I esti
mate at about five or six bnndred men.
While things remained in this condition, at about
11 o'clock, as nearly as 1 can ascertain the nour, a
body ot police came np Dauphme ttreet into Canal
8'ieet, and pasning through thej crowd ot citizens,
eutered thence into Drvades street, which brought
them npon tbe collection ot negroes In lront of the
Institute.
Simultaneously with this my stall" officer met a
party of near 100 police going down Carondclot
ptroet, whoe officer informed him tbey wore going
to suppress tbe riot. This party turned down Com
mon stieet, and on reaching Karon ne street de
tached a portion of its force to occupy the rear out
let of Mechanic' institute on that street 1'ne rest
passed on to Lryades street, where it came upon
the colored crowd on the side opposite to tboso who
came trom Canal. These oodles ot police are said lo
have been summoned to the spot by tbe ringing ot
tbe city bells.
Kverythlng shows preconcerted action. The po
lice, armed with pistois and clubs, lollowed and suo
ported by citizens, charged npon the negroes, naving
given no notice to disperse, and having made no
attempt to peaceably an est them. There was a pile
ol bricks at hand, and the colored people duiendod
themselves with theso and their sticks as we I as with
such pistois as they had, le-s thau one to every tenth
man. They were soon overpowered, and those who
could do so found a re luce in the Convention hall.
'I lie building was alter wards aaultod, the police
hiing their pi tols into ihe windows, and whi n an
FMrunce was effected they forced their way up to
the landing on the second story, and there found tne
door ot the hall bamcadod.
At length, by some strategy, those in the hall wero
induced to open the door, wnon tbo police rushed in
audempticd their revolvers info the assemblage. Thoso
within, being lecbly armed, could make but little
resistance, and tbe policemen, retiring to reload, re
turned lo repeat tho samo operation. When any of
the Conventiouists succeeded in hem;? passed out to
the front of tbe building, they wore thore met by a
cordon ot polico, surrounded by another cordon of
citizens, and attempting to surrender to the lirst,
they were frequently shot down by tho men whom
tbey bevged to take rhem into custody. This course
was continued until tho work was complet-d.
During the riot, a lite company arrived in rear of
tbe building, b which passaire many were trvmg to
escape, and at once ha ted to umto with the police
men theio, and take part in tho work or slaughter.
Other larve bodies ot police, regularly organized,
also came in from the stat on houses, sooner or later,
to unite with tho lorccs already euaged It is also
reported that men were passed through mo crowd
bv iriendly policemen, who tied about thoir necks
white tiaudkorchlefs as an evidence that they be
longed to some ono ot tho organization-lot oitizens
pi event. I do not report tho-e things as oerfectly
correct in every particular, for 1 hold my judgment,
in aboyunco until access can bo had to tho evidence
Inch the Con mission wlil adduce. They lire how
ever. cicdil.lv reported to me, aud they leavo no
room to doubt that the riots ol tho 3(itli ult nrosent
a picture of atiocity unparalleled in American his
tory. At tbe time when 1 locatod'.he troops in the centre
ot the city, and cleared the crowds trom the ai Ja
ctnt streets, I was ot course ignorant ot most ol tbe
particular incidents of tbe not, but the evidenco was
overwhelmn g that tho police had been faithless to
its dutv, and had been riotous throughout; that in
truth it led the riot, and it was thcreloto necos.-ary
in tuke this lorce under control. All negroos, al
Union citizens of Louisiana, and all Nortnorn rreu,
so far as 1 could learn, were In a state ot terror. Tho
approach ot a pr I ceman they repardod as thnt of
an executioner, l'romuiont citizens sought roiuge
or conci alment in the houses of lriends, and even
llio Governor of the State, during the nlht, tent
for a guard to protect his lifo.
f or davs subsequent to tbe riot the meeting ot
two or three or the police near the bouse of a Union
man was regarded as siillicieut to justity a removal
at nipht or a demand tor a military guird, and vnth
tins state ol teeling, whether it had auv just foul da
tion or not, a renewal of riot and disorocr mil t at
nnv moment have been anticipated Persons tiling
iiightened would naturally, at the approach of
fancied danger, gather together lor dolbuse, and
bloodshed would probablv tollow.
It was necessary to reassure them, which could
only bo done by au announcement of military pro
tte'lon, and nolico to (tbo police that they wore
taken under the supervision of a power that would
hold them to accountability tor thoir acts. To
accomplish this o'-ject I issued an order proc'alm
ing martial law. It was not one of the ordn ary
cases calling lor such a stop, where the civil lorce,
having resisted to tho last Jeirree the violence ot the
mob, and is overcome, asks tor assistance, and puts
itseif under the protection of the military pewer,
but the very unusual esse of theoivil force becoming
the aggressor, and giving way to excesses wlnca bad
to be restrained.
Most ot theso killed received one or more cistol
shots, and ol the wounded, Dr Harfsufl found titty
ono such wounded on tbe part of the Convention
party aimiust seveu ou the part ot tue police.
All ol this noes to establish which party was armed
and organized, and which exercised the violence,
notwi hstaudiug that nearly every po.iceiuau swears
mat tnev wore ueucrauy unarmed, ana tnat ue uia
not see a shot tired by theui. 1 am, sir, your obedi
ent servant. A Baird.
Kiev. Msjor-Gen. Coinmaudin? liepartuicnt.
THE BOOK TRADE SALES IN NEW YORK.
Tbe fourth day ot the trade sale yesterday
niArn'tiir urtia rim monfaii nvi f h rha In via rf
Dick i Fitzcerald, of this city. It consisted of
cheap book's, tsiiiuii invoices or a similar char-
nrter by W. A. Leary, ot l'lniadeiphia, and
H. C. Ptck followed. The catalogue of Sheldon
k Co., coutaining Macaulav's works, the Ens-
lish poets, Marlon Harland's works, Dickens'
works, Spursreou's works, and juvenile and mis
cellaneous books, were then sold at good prices.
men iotiowea tne invoice's or ciaric & flwy
uard of this city; W.J. Hamuicrslev, ot Hart
lord, and the Masonic Publishing and ftlanufac
turiuir Company, of this city. Masonic works
were in gooa demand. and brought relatively the
best prices. McClellau's report ol his campaigns.
published at iH'Ya a volume, tiroutrlit onlv twenty
cents. Tbe invoices of A. 8. Barnes & Co., New
York; Charles Desilver, Philadelphia: Mason &
brothers. ew xork; G. v (;. Dlcrnam, SDrinj
field, Mass.; Theodore Bliss & Co.. Philadelphia:
Ooijie W. Cottrell, Busiou; James B. Smith A-
l o., Philadelphia, and several biuull Ion liv
other publishers, were sold lu ttieat'ternoou ami
eveuiusr. Aeio lorl; tlera'd.
Rev. John Pieiuont's Will. The substance of
Kev. John Pifinoufs will is published iu th
Newton (Mass.) Journal. He leaves portraits
oi unncen to nis aautruters. ins turnius lathe
with all its httiugs and equipments, chKel
nies, ere. tonuir wnn nis tool cuest, he oe
qucaMia to nis step-sou, Mr. Fowler, iu coir
sidt'iation of the fact that be is skilled iu the
use of mechanical tools, trusting that tbey will
ua to mm, as toey have oeen to the testator.
means ot educating 1 be physical onratis aui
power-, of relaxation from mental labors, f
general bodily health, aud of aumsempnt both
innocent and salutary." He leaves his litorarv
property to his sou John, to dispose ol as he
toes til; a considerable collection of Datrmhlers.
with the suggestion that tbey be offered to Har
vard conpse, and his homestead aud tbe other
property that he dies po-sessed of he leaves to
his surviving wne ana 10 ins uuuiurried daufh
ter, Mary Lli.ubeth.
The Prussian Monarchy. By the incorporation
mirioiincen in rue met-suae ot the Kinr ot Prtis.
sia, Prussia will gain in territory and popul
tion as ioiiows: nunover. uya Herman square
miles, 1,023,492 inhabitants, accDrdingto census
ot December, 1H4: Electoral Hesse. 171 flermnn
square miles, 851,003 inhabitants; Nassau. 85
lierman square nines, oa, an inhabitants; Frank
fort, 2 German square miles. U1.180 Inhabitants
tnnLlnfr together flfifl annui-A ... iUa wA a una -
040 souls. The kingdom of Prussia Proner con
sists of 6058 square miles, with a population of
ia,ooz,ijy, tnus eivwf? a grand total of 6017 Ger
man square miles, and 22,480,185 ii.babitants
bow belonging to me rrussiaa monarchy.
THIRD EDITION
TRENTON.
The Sew Jersey Legislature
and Miss flainiKoii.
They Make a Complimentary
Visit This Morning.
Etc.. Etc., Etc., Etc., Etc., Etc.
SfKCIAL PE8PATCH TO TBE EVENING TELEGRAPH.
Trenton, September 11. This morning a
tirf-'o number of the members of the New Jersey
Legislature wuited upon the daughter of Gov
ernor Hamilton, of Texas, in her parlor at the
American House, and in behalf of the loyal
people of New Jersey tendered their thanks lor
ber heroic conduct in rescuing from Rebel hands
the fiatf of tbe Fourth New Jersey Volunteers,
which had been captured by a Texan Rebel
regiment in battle. Miss Hamilton carried the
flap, secreted in her riding habit, many miles,
and then hid it away until, at the close of the
war, she could return it to the State authorities
of New Jersey. The Speaker, on belialt of tbe
Legit-lature, made a congratulatory speech, and
was responded to by Governor Hamilton on
behalf of his daughter. The members of the
Legislature were then introduced to Miss Ham
ilton as tbey passed out.
LEGISLATIVE CAUCUS TO-DAY.
J. 31. Scovcl Defines His Position.
Alexander G. Cattell Unani
mously Nominated for
United States Senator.
The Constitutional Amendment to be
Ratified.
Etc., Etc., Etc., Etc., Etc., Etc.
ISPECIAt. despatch: to evening telegraph.
Trenton, September 11. A caucus ol Repub
lican members was held this morning in the.
House of A.'tiembly. There was u lull attend
ance, aud most peii'ect harmony.
Senator Kcovel was present and made an ex-
plauatiou of his pas: course, entirely satisfac
tory to all. He said he never believed Senator
Slockton was legally ousted lrom his seat. No
mau could doubt his sincerity on this question,
in which he bad put his Judgment against tbe
judgment of a unuuimous caucus.
But the present was a time of extreme peri'
to Ihe country, and he dared not stand in the
way of the Republican party of tbe State and
country.
If injustice had been done to any one the
people would yet correct it. He was glad ot the
opportunity to say from his heart that he never
entertained a thought to be hostile to the great
principles ol the Republican patty, which were
as dear to him as life itself. He lelt it a duty to
stand by the present decision of the caucus,
whatever it might be.
On motion of a member from Passaic, Mr.
Scovel was then welcomed with open arms to
the Republican party, where he belonged.
A great deal of time was consumed iu dis-
cussins the resolutions to be introduced iu th
Legislature condemning the course of Presideut
Johnson.
The subject was finally referred to a Commit
tee to draft resolutions and submit them to a
subsequent caucus for approval.
Hon. Alexander G. Cattell, of Cutudcu, re
ceived the unanimous nomination forU. Sena
tor, Mr. Scovel voting for him, and pledging his
hearty support.
A strong etlort is bciug made to induce tbe
Legislature to consider other business, but It is
bPlieved they will be unsuccessful. The mem
bers are determined to ratify the Constitutional
amendment, elect a Senator, and then go home.
THE NEW JERSEY LEGISLATURE.
Trek i on, N. J., September 11. Governor
Ward's message wa- read lo the Legislature yes
tetday afternoon, as follows:
Oovvruor Ward'n Mesitaijc.
Geutlemon oi tho Senate aud General Assembly t
The constitution ot Hew Jersey coalers upou the
Lx.ec utivo the power of couveuinar the I.ennlature
whenever, in his opinion, public necessity requires
it. All will couot'de that this power should not be
exercised on light and trivial consideration.. X here
houid be inch reasons lor the act as would connuoud
it to tbe approval ot the people aud of their repre
sentativeslln the Legislature. It ousrhf to be done
with a strict audjfaiou rosard to the publio mteiests
and wellare, and in thu spirit 1 have assumed tbe
responsibility ot calling this meeting ol tbe henato
and Ueueial Assembly constituting the Leirislaiure
ol New Jersey.
Ihe true and earnest patriot oannot reirard the
condition of the ootiutrr without ie deepest
anxiety. The State, recently in rebellion do not
exhibit that spirit of loyalty which alone can irive
confidence to the puolio iniud. Everywhere doubt
and uncertainty have taken tbe piace of reliance
and trust, lrom many of the States recently in
revolt we hear ot deeds of no'euce and niuitler
which exolte our just indignation. We are assured
that there the loyal and true citizens are again under
tbe ban ol that maliirnaut spirit which incited auj
sustained tho Rebellion. We canuot wisely ignore
this condition of publio affairs. It must be int. not
by recreancy to ennobling prinoiplei, not by timi
dity ol purpose and unsafe concessions, but by
strengthening loyalty through wise and oonsideiate
tateemanship. The nation renuires a prompt and
final settlement oi all the questions at issue, so that
union, peace, and prosperity, in the fullest sense,
may return to the country and liovernmeut.
i), the Constitution ol the United states, tbe JcgtB-
la'ion required for tbe general security and public
wellare ol tho people is entrusted to Congress, and
to that we mnt look lor snoh a plan of adjustment
as will punish tieason, protect loalty, and seoure
the National Government. When this pian has
been devised and adopted, it will be the duty of the
1 xecutive to se that it i eniorcod. The claim thai
would nnlte the power to make and enforce laws
and nioceedinirs lor be public welfare la unumaolu
under onr C'onstitut on and Government. Alter a
lull examination ana pro'racted discussion it was
decided bv Congress that a Constitutional amend
ment defining citizonship, nniting representation
with si, fl rage, excluding lrom important offices the
leaden ot the Rebellion, sustaining tho inviolability
ol me debt incurred lor tbe suppression of the He
bed on, and preventing the assumption of that
cnateo by treason, was a wise, Just, and loyal ad
justment of all the points involved.
Snoh an amendment to the Constitution was
adopted by the required two-thirds ot the Senate
and House of Representatives, and it baa been trans
mitted to me by the sjecretarv ol state of tbe United
Mates, tor ratification by the Legislature ol this
Slate.
1 herewith enclose a cop? of the joint resolutions
passed by Conires', Juno 13th, 1800, proposing an
amendment to tbe Constitution oi the United States,
In tbe lolloping woros:
Joint Itetolotlon proposing an Amendment to the Con
stitution oi tbe United states :
He 1. resolve! bv tne oenate ana Bouse o' Representa
tives ot the United Mat, ot America tn Conitres. as
sembled, two-thirds ot bo h House, concurring. Tnat
the loi. owing article tie proposed to the Leulalature of
the several Mates aa an auiendmeot lotho Constitution
of the United Males, which, whon ratified by threo
lmirihs ol said Legislatures, shall be valla as part oi the
Corstitutlon namely t
A i tide XIV. section 1. A P persons born or natural
ized In the United Htnies and subjoct to the jurisdiction
thereof", are citizens oi the United Htat.s aud or the
Mate wheiefn thev reside No state shall make or en
loice anv law which .hah ahrldgo tbe pnvl.egos or
Immunities of cltluins oi the United States ( nor shall
in y Biate deprive anv person of I He, liberty, or pro
perty, wllhoii. due process ot law, nor denv to any
p rson within 1 s jurladio.ion tbe equal protection of tbe
luws.
Hectlen Rnrresentatives shall be apportioned
imong the several Mates according to their respective
numbers, counting the whole numlierot persons in each
Mate, t xc uulng Indians not taxed. But when tho
rHbt to vote at any election for the choice of electors
lor president and Vlce-F resident ot tbe United Mates,
Representatives in Congress, the executive and Judicial
( Ulcers ot Mate or tbe members ol the Legislature
thereof, is dented to anv oi the male Inhabitants or such
mniu, Living iwuuijr-tmo yearn ui sbh, nun vim.diib ui
tbe United Mutes, or In arv wav abridged, excent for
participation In rebellion or other crime, the basis of
representation therein .ha 1 be reduced in the piopor
ticm which the number oi such male citizens shall
b ar to the whole number ot male citizens twenty -one
veaia oi age in sucn sta e.
ejection a. lio person shall he a Senator or Represen
tative In Copkii ss, or elector of President and Vlce
l'restdent. or bold anv office, civil or military, nailer
'lie United Mates, or under any Mate, wbo bavin
previously taken au oath, a a member of Con Kress or
tsan otllcer ot Uie United stares, or as a member of
any Mate legislature or as an executive or Judicial
oillcer oi any Mate, to support the Constitution of ihe
United State, shall hate eiigavad In insurrection or
rebellion against the same, or given aid er comfort to
tho enemies thereof. But Congress may. by a vote ot
two-thirds ol'eaoh House, remove sucn disability
section 4 The validity ot the publie debt of the Unl'ed
Plates, authorized by law. Including debts incurred for
pavmont oi pensions and boumles tor services in sup
pressing Insurrecilon or rclx lion, shall not be ques
tioned. Hut neither the United States nor any state
shall assume or pay any debt or obligation Incurred In
aid oi Insurrection or rebellion aasinst the United States,
or anv claim lor the loss or emancipation of any slave;
but ail such debt, obligations, aud claims shall beheld
Illegal aud void.
Section 6. The Conpress shall have power to en
force, by appropriate legls.atiou, the provisions ot this
article.
I recommend the ratification of the proposed
amendment to the Constitution by the Legislature
ot the State of New Jersey. I regard it as the most
lenient amnesty ever oficrod to treason, while everv
provision is wisely adaptod to the welfare of the
vi hole country. Its immediate adoption by three
lourths of the States will insure tue settlement of all
the questions at Issue, and u ito a whole peop o in
tbe work of perpetuating and strengthening a free
Covernment.
While questions ot great importance are pressing
upon the attention of Congress. Now Jersey
through an existing vacancy, and the protracted
mm (8 of one of its -enators is unrepresented ia
tliet-eunto of the United Suites. As the oxistiug
vacancy took place during tho flrt. meeting ot the
Legislature, no appointment could bo mado by mi),
Bi'd 1 rocard yonr election of a Senator as on'y
second in importance to tbo ratification of the Con
stitutional amendment I
Since your first meeting an act has been passed by
Congress, and approved by the Tresidont, regulating
the times and manner of holding elections tor Sena
tors in Coneress, a copy ol which I herewith trans
mit. It is designod to render as certain as possible
the representation ot the states in tho senate, by
pi eventing all factious opposition to the will of a
majority of tho Legislature.
Trusting that your deliberations and your actions
may inure to the well-being ol the State and nation,
I commit these subjects inte vour hands. 1 feel con
fident that tho Providence which has guarded us
thus far will ovoke good out of evil, and make us a
people woithy of tbe blessings we enjoy.
Marcos L.Ward.
Trenton, N. J., September 10, lStitf.
PROCEEDINGS OF THE LEGISLATURE.
Debate on the Bill lo Ratify the
Constitutional Amendment
Speech or Sir. J. 31. Scovel.
Etc., Etc., Etc., Etc., Etc., Etc.
Trenton, September 11. In the Senate this
morning President Scovel called Senator Hor
ner, of Ocean county, to the chair, and then
ottered a bill for the ratification of the Con
stitutional amendment, which was passed to a
second reading without opposition.
Senator Wurtz, Democrat, of Hunterdon(
spoke in opposition to the bill, and character
ized the amendment as a partisan measure,
which conflicted ia many respects with the
Constitution, laws, and usages of New Jersey.
Senator Scovel, representative from Camden,
lhcn spoke In favor of tbe proposed amendment
as follows ;
Speech of Hou. James M. Scovel ou the
Couatllutloual Aiuuudiiieut.
Mr. President: Eleven of the original thirteen
States sent their representatives to the tirst Cousti
tulioual Congress on the tid of March. 1789. Ou
the .o lowing day the new Constitution of the
United States went into legal operation. Never
nncethat day, or, il you please, never since New
Jersey rati Hod this Constitution on tbe 18th ot Da
rember, 1787, lies so solcinn a duty confionted any
legislative assembly as that which coufronw Ihe
Legislature ol New Jeney to-day.
Not two years have passed since the dauntless
valor of our citizen soldiers vanquished the auduoity
ol a Rebellion the outgrowth of see tonal selfish
uess and baibarism a Kebeiiion plotted, if not or
ganized, for more than a quarter of a century. We
paused, as our armed luglons disbanded, waiting
lor a peace which should bo permanent forever
becnube bated upon eternal justice and the rights of
man.
But, alas! as the .moke or battle cleared Jaway. he
who had dreamed of that peace which might ootue
to stay was slain oy the hand ot an assassin i he
shouts ot victory from an army with banners was
suddenly changed iuto mourning.
As a nation of freemen went pirter tears oyer the
giave of its C'otnmauder-ln-Cbiet as kind, as gentle,
aud as great a spirit a "e'er wore earth about it"
many a vow was registered in heaven that the basest
muraer in history, combining ad that was criminal
in crime, would never be forgotten, and should nut
go unwhipped ot Justice.
Wteiher as a nation we shall keep our pledges
made to the world and tbe men who have borne
the battle, remain, to be seen. If we do not keep
the word of promise tothe ear and to the hope, it
will not be lor lack of opportunity.
Tbe amendment abolishing slavery, with a little
Presidential pressure at tbe hand ot Abraham Lin
coln and bit successor, became part of Uie organio
law ol the land.
Slavery i dead In name. But that the accursed
spirit ol banian bondage Is dead in fact as wJl M in
name, I beg again to doubt, aa I doubted in the
serial e in i obruaiy last.
An Aojtitant-Oeneial, Just returned from the 8tat
of lexas, reconstrncted on thft Johnson plan, says
that tbe old relation o f'slavo and maator now exists
in thirtv counties of that State aa much as it did in
18410. Former alavo-owners vet rive S10 in gold for
"a negro as be tuns," in the nope that human bond
ate will again bave the sanction ot law, and if
Chief Justice KufDn's opinion is good law in tho
Southern States, thore is daniter that the anti
slaverv amendment, now a pari of the text ot tbe
Constitution, may yet be declared not binding npon
tbe Southern eonse'enee,
For, we confess tt with shame, no surprise can
await any lover ot his country when one beholds an
almost successful effort to pack the Snpreme Court
with Judges who will declare the Civu Bights Bill an
unconstitutional measure.
Can tbe nation advance, when Cabinet Ministers
aro appointed to places of publio trust because they
do not rite higher than the dead level of the Judicial
conscience which declared that ' a negro bad no
rights which a white man to bound to respect."
Surely we progress backwards towards the days of
Buchanan, when we see Cornelius Wendell, who is
said to bave otlbred a bushel ot gold to pass tbe
Lecompton oill, aaain grow sloek over the fleehpots
ot the public printing a' the national capital. Surely
the Declaration ot Independence is a "gliiteriag
penerality," and not a liviug verity, when the .pint
of rebellion, under color of tbo law, commits murder
at New Orleans unrebuked bv Bxecntive powor.
But we are now considering a practical remedy
for the disease which alilicts tbe body politic.
Ardclo 1, Section 8. ot that Constitution which
deolaros that the pcoplo ordained it to establish jus
tice and secure domestic tranquiilitv'dociarce that:
"Representatives an direct taxes shall be apportioned
among tbe several Mates wblch may be Included within
tins Union, according to thur respective numbers, wblch
shall bo determined br a"dlug to the Whole Dumber ot
tree persons, Including those bound to servl e lor a term
ol years, and ixcloolng Indiana nut taxed, (Ar. t-jtj In
ult other pertont."
Remember, this clause does not say by adding to
the wholo number of free persons all other per-ons
tcAo are slaves. It meant that the black man in
bondage should be counted as three tilths of a man,
but it did not like to call bim a slave. The slave
owners then clairaediand received representation for
their slaves. Tbey now ask just v. hat they had be
fore the Rebellion, with the addition ot tbe two
nit hs, by enumerating the blacks who were, until
the adoption of the first amendment, slave., f be
black man was admitted to bs three-tilths or a man
in 1860. Now, since 200 OUO of his race bave helped
us to win the fight for manliness, tor justice, tor lib
erty, and for equal rights to all, the late slave-owner
modestly asks that the blaok, though he pays taxes
and aids in educating the white, shall not be a man
at all; that, as he emerges trom tbe darkness of
slavery , be shall not elevate himself, but shad In
crease the power and Insolence of nls late niasier.
Never boiore was such monstrous injustice a part
ol Executive policy. Why, Mr. President, the tiov
ernment which would permit such powers to exist
by implication even in the text of its organic law,
may be calea a Republic! It is no republic JTo
say that it rests on tho consent of the governed is a
mockery tor tt establishes Injustice, aud by giving
to three hundred thousand landholders a monopoly '
of power in eleven s ave States, tuaoticallv orga
nizes Rebellion by disfranchising the only element
ot loyalty which does not spit upon and deride the
flag of our country.
Side by side with this new political heresy, ad
vanced by the Vice-President oi the Rebellion, and
now the Southern loader ot tne Johnson party, who
said belore a committee ot Congress:
'Georgia will aecfl no conditions i,f restoration, she
c.altns to come back with the prlvl'eite of representation
In Congress unimpaired. il througn tbe war they bad
the right 10 cuice back andascistin the legislation of the
country!"
Can the power ot assurance any further go? And
nr. Lwing, ol Onto, echoes the sontiment of Alex
ander 11. Stephen; aud tbo gathering clansmen of
Breckinridge Democracy, fresh from the Wigwam,
shout Amen!
The plain common sense of the North cannot see
tbe ' inexorable logio" of this position. It sees the
iallacy oi its lalsehood, and savs, "We cannot dis
cern your right to come back with the privilege of
representation, ihe exorcise of right and tne per
formance of obligations go together. You bave dis
charged no duty you owe tbe nation. Your States
aro not out of tbe Union, and thev never were,
though you did your tost, and succeeded in getting
into rebellion against the Union."
The common senso of the North again says "We
bave reason to. tear the terrible unity ot Southern
politicians. No men aie more ouuning In calculating
t critical dynamics We want you back into the
'mon ; we want jon to asriBt in tne legislation of
the country! but what we want, what we sternly
demand, and what we propose to have, Is some gu ir
untee jor the future. Somo State Governments
ceased to exist in law when you spurned the Consti
tution ot our common country. 1 hey ceased to
exist in fuct, because they wereuriven out by Sher
man's victorious legion.. The Southern States
themselves are in the Union, and wonld have so re
mained though every citizen became a traitor to
his Government. The State never dies; not so
the Government. It those States are not in the
Union, as we contend they are and have been, we
are not uound to guatantee republican forms ot
government."
Artie. e IV, Section 1 of the Constitution says i
"the United States (not tbe President, but the
legislative and executive branches of the Govern,
ruent), the United statea shall guarantee to every
btate in the Union a republican form f qovcrn
mtnt." ihese Mates, lately in rebellion, have not repub
lican governments, and that alone gives Congress
juiirdction to control their restoration, under this
power to guarantee.
I Bete views bave tbo authority of Henry Winter
Davis, in a letter written ten days belore his un
timely oecease, and ougnt to carry weight from this
great name; tor tnis loiemoet son of Maryland was
a- brave and true a knight as ever entered the lists
lor ibe right, or ever lalseda ianoe against error
aud oppression.
Bui, Mr. President, tbe great question which
"gives us pause" is, bow can we stay the refluent
title of this hysterical, latent, and still gigantic trea
mut How can we make pure law commensurate
with peilect freedom f
First. Congress ought to do as it has practically
done annul Johnson's government intaeiebeliious
States.
And, if we have the courage to greatly dare:
Second. Make impartial suffrage tbe tiite qua nun
Ot recognition.
Congress has practically refused to recognize. John
son's governments, by giving us tbe jo.nt lesoiuiion
vihiou we are now considering, proposing an amend
ment to tbe conatitu'ion It is lamiiiar to the
conutiy, and I shall not discuss it at length.
Ibis amendment Is not all the fiisnda ot universal
liberty demand. It was all tbey could get. It is a
practical illustration oi Mr. Burke's idea that
geneious sentiment and sound policy always go
together."
The first section of this wise an1 just measure
reaffirms the provn-tons of tbe Civil Rights bill, that
ho Stale shah abridge the privileges and immuni
ties of citizens of the United Mates. The second
section, instead of doelarmg for manhood suffrage,
simply provides that in all the States, whenever the
light to vote is denied to any male inhabitant, white
or black, the basis of representation in all such
States shall be reduced "in the proportion which
ibe number oi such male oitizens shall bear to tbe
whole number of citizens twenty-one years ot age
in such Siates." In other words, if the negro, North
and south, cannot vote, he must not be made a
basis for the disloyal man to acquire new power.
Section third of the amendment provides that
the prominent leaders and ctboe-holders, civil and
tnUitaiy, ot tfie Kebeiiion, shall not hold olnoe
"under the United States or auy State," unless "a
vote ot two-thuds of each House remove the dis
ability." there is little danger but that moro than enough
of the ringleader, of secession will creep into power,
even despite this section.
The fourth seotion ot the amendment provides
that the validity of tbe publio debt shall not be
questioned, nor the bounties to the soldiers; that
neither the United States nor any state shall
assume to pay the Rebel debt; nor shall any claim
lor the loss or emancipation of slaves be allowed.
Perhaps the. States lately in rebellion are more bit
terly hostile to this than to any other section of the
amendment. - Once oompen-ation and emancipa
tion were ottered, band to band. Maryland and tho
border States then refused. Now let them accept,
as the lesson of the war, emancipation without
compensation.
To that just provision which makes it a part or
the supreme law of the land, that the validity of tbe
public debt, including bouuties and pensious. shall
never be questioned, no good citizen, and surely
none oi the "Boys in Blue," can ever object. And
to the Amerioan mind and heart this section of the
amendment is peculiarly gratifying and satisfactory.
Ksglaad Invested milhois in tbe Rebel loan. It
waa, to some exteut, a tree-will offering of English
hatred pi the Amerioan experiment ol a democratic
republic. But, thank God I Richard Cobdea told
Continued on tU Fifth iiue.j
J