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WEDNESDAY, DECEMBER 28, 1884.
...The printing presses shall be free to every
person. who undertakes to examine the pro
ceeduigs of the legislature, or any branch of
government; and .no law shall ever be made
to restrain the right thereof. The freacommu
nioation of tlusught, and opinions Is one of the
invaluable rights. of men •. and every citizen
may, freely speak; write and print on any sub.
jeutt being responsible for the abuse of that
liberty. In prosecutions for the publication of
paper s investigating the official conduct of offi
ma's. or men in .public capacities, or where the
Innuor published is proper for imblio informa
tion, the truth. thereof may be given In evi
dence.''—austffirtion of .Penneyivania.
The Fall of Savannah.
Christmaa this year has been made
ever memorable by the completion of
:the grand march of Sherman, and his
entry into the city of Savannah. The
news which first reached us through
the Philadelphia papers of yesterday
was received with testimonials of re
joicing, and the bells rang merrily. It
is really a great and important success,
and must be seriously felt by the rebels.
It, opens up one of the best and most
-important harbors of the South, and
gives us a new base which can be used
most advantageously for further offen
sive operations.
• Whether this and our other great re
cent successes shall be the means of
bringing about a speedy end of the war
depends upon the use which shall be
made of them by the Administration.
A really magnanimous offer of terms to
the South at the present time, whether
it would be accepted by the rebel lead
ers or not, could not fail to produce the
most gratifying results. If it should be
rejected by the leaders of the rebellion,
their rejection of it would greatly weak
en them with the Southern people, and
thus aid the Union cause. If the bar
baric theory of universal devastation is
to prevail, as - the chosen means of sub
jugation, we shall yet find that all our
conquests are:of no avail, and that our
costly victories bring us no advantages.
It will cost us more to keep the South
in subjection than it is worth, and in
the end we shall be foiled, baffled and
defeated by our own folly.
Jubilant as the Abolition press natur
ally is over the fall of Savannah, they
do not run into that excess of ovef-con
fidence which once distinguished them.
Even the Prem. speaks in measured
terms. The following extract is omin
ous:
" The capture of Savannah is proba
bly the most valuable of all our vie,-
" tories. Others have had far greater
"immediate results, as Gettysburg
" which saved Pennsylvania, and Nash
" ville which crushed a whole army at
"a blow; but from Savannah we shall
"make another war. We do not see
" how the military power of the rebel
"lion can survive this terrible defeat
" one year."
The sixty day theory seems to have
been abandoned. One year is the esti
mate made by the Press of the tine
needed to overthrow the military power
of the rebellion. It would not take that
long if there was good sense enough in
the Administration property to use
aright the victories we have gained.—
We fear there is not, and believe the
one year of thePicss will be repeatedly
multiplied unless wiser counsels shall
prevail.
The Governor and his Attorney General.
We call attention to the opinion of
Attorney General Meredith, in the case
of Hon. John L. MINN - son. We gladly
give place to this document, because it
puts our State authorities in enviable
contrast with the authorities at Wash
ington. Mr. Meredith has not allowed
his party predilections to influence his
sense of right, or to interfere with his
clear appreciation of the law as appli
cable to the case on hand. And in this,
as in other cases of the kind, Governor
Curtin has conscientiously discharged
his duty by following the safe counsels
of his Constitutional adviser. This is
the more honorable to them in consid
eration of the nefarious examples of
interference in the right of elections
which have been set by . the President
and executed by those under him in
authority.
The Democrats of Maryland had a
fairly elected majority in the Senate of
that State. This triumph was achieved,
despite the most outrageous frauds, and
the most direct military interference at
the polls. . But, arbitrary power is not
to be thus thwarted, and the military
despotism at Washington does not hesi
tate as to the means to be employed. By
threatening to arrest one member they
have frightened him into resigning,
while another, for refusing to do so un
der similar threats, has been thrust into
prison. We are glad to know that our
public officials are yet obedient to the
law of the State, careful in their con
struction of it, and willing to be bound
by its provisions.
"Fighting Joe" Makes a Speech
A short time since Major General
Hooker and staff visited Wood's Thea
tre in Cincinnati to witness the rendi
tion of Camille, by Miss Olive Logan,
the beautiful and accomplished sister
of Eliza Logan, who has recently made
her successful debut upon tke American
stage. Between the acts 'Aorne of the
enthusiastic admirers of-the General
cheered and applauded him to such an
extent that he was obliged to respond,
which he did in a manner worthy the
gallantry of a knight of the olden time.
He said :
"Ladies and Gentlemen assure
you I am not insensible to the compli
ment you show me. lam greatly hon
ored by it, but pressing as are your
importunities, it is only admissible to
interrupt the performance of the even
ing in the briefest manner possible.—
We are here for another purpose. We
are here to show our respect for the
genius, loyalty and accomplishments of
the lady whose benefit we attend. Al
lo
. C . cr me to add that she is our 'star' to
night, and to request that you will not
allow yourselves to be diverted from it
by- other influences. Again thanking
you for your kindness, I will return to
my. seat."
A Remarkable Confession of the Secre
tary of the Treasury.
The Secretary of the Treasury makes
the remarkable confession that, if the
people had only foreseen the vast ex
penditure of this war, they would never
have engaged in it. He says, in speak
ing of the war in its commencement :
" Had it been then foreseen that what
was believed to be a contest for months
was to be continued for years, and that
hundreds of millions of public debt
would be swollen into thousands of
millions before the close of that contest,
it may well be doubted whether, igno
rant as they were of their own immense
resources, the people might not have
shrunk appalled froth. an undertaking
which contemplated a sacrifice so far
exceeding all former experience."
This draws from him the remark that
it was fortunate the people were so
ignorant. Hear him:
"Unaccustomed for a long course of
years to great national efforts, it was
fortunate that their power of endurance
should be tested only by degree, as the
struggle which Providence had pre
pared for them developed its vast pro
portions, and the necessity of great and
long continued effort became apparent."
We never before heard of national
shortsightedness and ignorance being
made a subject of congratulation.
We would add to the above com
mentary of the Cincinnati Enquirer,
that the same corrupt or ignorant lead
erg, who caused this ignorance of the
masses whom they led, by their own
false teachings, are equally laboring
now• M perpetuate a like ignorance as
to other vital matters
ME!l=l=E=!
The Coming Draft.
On the third of last September, Secre
tary Stanton senithefollowingdesPatch
to General Dix, while WO last • draft was
pending: -• '
'The naval and other creditsrequired
by the act of Congress will amount to
abobt two hundred thousand, including
New York, which has not been, report
ed yet to the department ; so that the
President's call of July 19 is practically
reduced to three hundred thousand
men. One hundred thousand new troops,
promptly furnished, are all that Gen.
Grant asks for the capture of Richmond,
and to give a ilnishingblow to the rebel
armies in the Held. The residue of the
call would be adequate for garrisons in
forts, and to guard all the lines of com
munication, and supply, and free the
country from guerillas, give security to
trade, protect commerce and travel, and
establish peace, order and tranquility
in every State. EDWIN M. STANTON,
" Secretary of War."
Just before the Presidential election
Mr. Solicitor Whiting deliberately, and
to all appearance authoritatively, an
nounced that there were " Men enough
in the army," and that . " 716 more drafts
would be made."
At the time when all these electioneer
ing lies were being circulated we de
nounced them as utterly false and un
worthy of credit, and warned the people
that the re-election of Lincoln would
be the signal for more drafts. Multi
tudes allowed themselves to act the part
of children or fools, and gave credence
to the falsehoods which are regularly
got up to suit each recurring necessity
of the fanatics now in power. The
world must wonder at the gullibility of
the populace of the United States. Mr.
Lincoln has constantly deceived them.
Each new call for men has, been pre
faced by assurances that no more men
were needed, and accompanied, when
it came, by the most positive announce
ment that this was the last draft that
would be made. Each new increase of
the army was declared amply sufficient
to finish up the rebellion, whose unfor
tunate backbone was now at least un
doubtedly broken. How much longer
do the people intend to be pilled by
these same threadbare falsehoods?
The coining draft is an ugly reality.
The grim fact is staring us in the face.
There is no escape from it that we can
see. Men will be demanded, and it is
not improbable that men who have
been heretofore credited will be disal
lowed as nothing but " figures," which
are fast getting into disrepute. The old
saying, "figures can't lie," is not as im
plicitedly trusted as it once was. A
gentleman, given to getting up statisti
cal tables, recently made a computation
from the records official, and from Abo
lition newspapers, of rebels that have
been slain (luring the war, and found
that the sum total of those killed out
right exceeded five millions. We can
not be at all sure that the figures em
ployed in making out quotas will be
any more skilfully handled. Old pack
horse Pennsylvania will be sure to have
a good round number of solidithousands
saddled upon her back, and the esti
mates of the department at: Washing
ton will never be examined. .Our loyal
Governor will not interfere in the mat
ter. Whatever the allotment be they
must be forthcoming by the 15th day of
February, or the wheel of fate will be
turned. Wo to the poor devils who
draw prizes in this lottery of death. No
important election is immediately be
fore us, and few considerations will be
allowed to mitigate its severity. There
are no considerations now to induce the
administration to consult much with
the people or to listen to suggestions
from them. The coming conscription
will be enforced with relentless vigor,
such as has not attended any of those
which preceded it.
The Policy of Destruction
We still persist in calling the war
raging in this country a war for the
Union. To restore or reconstruct the
Union of the now dissevpre.d States,
we are taught to regard as ai object of
importance sufficient to jyistify any
sacrifice we can be called ul36nto make.
We are constantly told that the object
of our desires will be accomplished very
speedily after the armies of the South
are defeated. But how this' 'most de
sirable consummation is to be. achieved
no one of the impracticable radicals of
the day, - in or out of Congre l s, has as
yet been good enough to infOrm us.—
They cry havoc, and justify the most
destructive warfare, on the plan of
weakening the enemy, but no one of
them attempts to solve the seemingly
impossible problem of our liing again
in peace and union with a peeple whom
we are daily exasperating and driving
to the most intense hatred, by the man
ner in which we are conducting our
campaigns. The policy of destruction
is the one now in favor. The beautiful
valleys of Virginia have been made
deserts, and wherever our armies march
the inhabitants of the country are made
to feel all the woes thatcan beiattendant
upon the rudest possible war of con
quest. Our cry is vac viCos, and,
whether so intended or net, every
movement we make but adds intensity
to the hatred with which we are even
now regarded. Sherman's treatment
of the people of Georgia, on march
through that State, will not !be likely
to beget any love for the Unibn. The
time will yet come, even if tae should
succeed in subduing the armies now
arrayed against us, when we. shall be
convinced of thefolly and caminaLity
of our present course of prBCedure.
When we become thoroughly aware
of the fact that our policy Bias -rendered
perpetual war, or ultimate separation
inevitable, the real friends of the Union,
those who have deprecated the barbar
ism displayed, and denounced. the mad
schemes of the fanatics who now lead,
will be regarded in their true light, and
recognized as the best friends of the
nation. We are inflicting great miseries
upon thosAvhom we once., regarded as
brethren ; we are maddening every
man and woman in the Soutt; we are
insuring the perpetual exis(ence of a
hatred which never can and never will
be appeased ; we are, even by:What we
call our efforts to restore the Union,
rendering any restorationii thereof
under a form of free goveruMent an
utter impossibility.
We may again have a united- territory,
but it must and will be at the sacrifice
of our republican institutions; A mili
tary despotism may for a While hold
the dissevered sections together, by
Pinning them fast to each other with
bayonets, but so surely as the devilish
designs and the infernal policy now in
vogue is to prevail, so surely shall we
never again see the people ofthe States
now dissevered—living together in peace
undenu freeform of government. There
must be a complete change of policy
before we shall begin to reap any profit
from the vast expenditure of blood and
treasure we are making. In the end,
the policy of destruction will prove
more disastrous to us•than to those who
are now suffering from it.
General Bosecrans.
Tnis officer publishes a card in refer
ence to some alleged aspersions of his
*character. He says whatever may have
been the cause of his removal from the
Department of Missouo, it was not that
his campaign against Price was a fail
ure, He asserts that it was successfUl,
and fruitful of 'good tto the Federal
cause. Nor has the President ever in
timated dissatisfaction with his manage-.
pant pf civil affairs in The
charge thaf hie 113'41 opium eater ? CIOn,
Rosecrans likewise says is unfounded.
PoliticaP Proscription in 1199,1 Scrap
oY History.
In the year 1799 politics ran high in
this g:Attte„..'anti i in thikcounty. „.she
!'Candidate of the' FediUidiettt was Jaines •
Ross, . , that of-( opponents,, who:
ealledthemsel Republicans, but who
Were nick-narnM Detnocrats by the
FederaliSts, was Thomas Mo - Kean
Then, as now, the oPponents of Democ
racy attempted'to prescribe such as did
not agree with them in political senti
ment. They went so far as to make
distinctions in toeial life, and refused to
deal in a business way with such tradeS
men as were opposed to them in Politics.
Even at this early day the same pro
scriptive spirit . which has since mani
fested itself in the Know-Nothing_ - Sibthing or
ganization, and'in the bitter vindictive
ness of our OW4 times, was a marked
feature of that party, Which, sprung
from Federalism, has never lost the
distractive featfires of its anti-Repub
lican origin. ' This spirit of pro
scription having been offensively dis
played iu the canvas in this State
in 1799, the fri6ndsof republican insti
tutions in thiS city, then called the
Borough of Lancaster, held a meeting,
at which the following series of resolu
tions were paASed, which will be read
with interest by every person in our
community. They are not only a com
mentary on pblitical intolerance, but
will be found interesting as a picture of
the habits anal customs of the earlier
days, when tradesmen publicly wore
their " Apron.o and other badges to
distinguish theni in their business. The
meeting was held at the house of Mr.
Leonard Eichholtz, October 7, 1797. The
followingare the resolutions as adopted :
WHEREAS, Notwithstanding the Co
nstitution has declared "That elections
shall be free a:nd equal," in order to
maintain inviolate the important right
of suffrage, it N stated that many of the
partisans of :fables Ross, of Pittsburg,
have withdraWn, and threatened to
withdraw, their support, custom, or
employment from such tradesmen, me
chanics and others, as are known or
supposed to favor the election of Thos.
M'Ketin for the office of Governor:
Therefore,
_Resolved, unc%itirnuu IJ, Tliatalthough
we reprobate, =as unconstitutional and
illiberal, a conduct so directly tending
to subvert thel rights of the people as
freemen and republicans, we conceive
it to be a duty 'which we owe to our
selves and ourfcllow-citizens to counter
act the eflects of such a procedure: and,
therefore, thaCWe will, ourselves, and
by our example and recommendation,
give a decidedireference and support to
all those upon Whom the unjustifiable
conduct of one, opponents in this par
ticular is inteml;al to operate. That we
recommend it td the tradesmen of this
borough to come forward boldly, and
give in their votes with the dignity of
freemen; and, if they shall think it
proper, wearing their "..I . 2»•uns."
Resolved, unanimously, That it will
be proper for the mechanics and trades
men of this borough, who are the
friends of freedom and the Constitu
tion, to meet together immediately after
the election, and make known what
threats or undue influence have been
used, awl by whsle. And that such
measures be adopted as may seem most
effectual for the support of their inde
pendence, by agreement to deal with
and employ each other in their respec
tive occupations; and especially those
from whom our political adversaries
may withdraw their employment.
liesotred, unanimously, That the late
election for Inspector for the borough
of Lancaster having evinced that the
friends of Mr. M' Kean constitute a great
majority of the electors within the bo
rough, they have it completely in their
power to frustrate any measures of our
opponents, of the kind above mention
ed, so as to secure themselves, hence
forward, from an indignity of the like
kind.
Ilesolred, nnonimowdy, That, in our
opinion, the proportion of property be
longing to the friends of Mr. M'Kean,
in this borough, is not less than the
proportion of their numbers; and that
the conduct of our opponents has ren
dered it necessary and proper thus pub
licly to declare that opinion.
Reso/vcc/, rootbnorody, That, al
though it has become necessary to de
clare this opinion with regard to pro
perty, we, nevertheless, recognize the
indubitable privilege which every qual
ified citizen enjoys, under the Constitu
tion, to the right of suffrage whether
he be rich or poor ; a right in the en
joyment of which (as well as all others
granted by the 'Constitution) every
elector ought to be protected and pre
served. JACOB CARPENTER,
ATTEST : Chairman.
T. I\ EATL.A.cw., Secretary. •
A District Without a Congressman
The contest between Hon. A. H. Coff
roth, the present member of Congress
from the Sixteenth District, and his op
ponent, Mr. Koontz, has not been de
cided by the Governor. After full
hearing in the case, each party being
represented before the Governor and
the Attorney General, these officials
have decided that no certificate of elec
tion can be issued by the Governor to
either of the claimants. It will be re
membered that on the day appointed
for the meeting of the return judges at
Chambersburg, Mr. Koontz appeared in
that town with a set of return judges,
all bogus, except the one from Somer
set, and that he and a tricky lawyer
from Philadelphia managed to inveigle
the regularly appointed return judge
from Fulton county into meeting with
their bogus hoard, where he signed the
fraudulent return in favor of Koontz ;
but no sooner had he ascertained what
was going on, which was before the
proceeding closed, than he repudiated
the whole albur, denounced it, and de
manded that his name be erased, and
his papers rut urne(i to him. This was
not done, the returns which he had
taken to Chambersburg being pwketed
by Mr. Koontz, or one of his partners
in this dirty piece of rascality.
In the afterntion of the same day four
out of the five regular return judges
met, and counting the returns before
them, there being no return on hand
from Somerset, returned Gen. Coffroth
as the regularly elected member of Con
gress for the district. Had the Whole
vote of Somerset been counted it would
still have left Coffroth a' fair majority.
The Attorney General now gives it as
his opinion that General Coffroth can
not be declared by the Governor to be
entitled to his seat, because the judges
who certify to his election failed to take
into the account the vote of Somerset
county, and that Mr. Kountz cannot be
included in the Governor's proclama
tion for the reason that three of the
judges who signed his certificate were
not legally chosen to act as such. Thus
the matter is left for the present. It
now remains for the parties to appeal to
the next House of Representatives. If
General Coffroth has justice done him
he will secure his seat, as there is no
doubt about the legality of his election,
he having received a clear majority of
all the legal votes cast in the district.
ger The Emperor Maximilian, by a
proclamation, published in the official
gazette of Merida, declares the peninsu
la of Yucatan, with the entire territory
of the colony of Honduras, and its bays
and islands, incorporated with his em
pire,.from the Ist of October last. He
orders its government by three prefects,
the seat of government being at Merida.
A few Englishmen engaged in cutting
mahogany in the eastern portion of the
Peninsula of Yucatan are permitted to
remain, as . wood cutters only, under the
sole right granted by Spain. England's
treaty claims to Honduras seem to be
entirely ignbred—a fact which will lead
to.trouble between.the Queen and Em
peror. Cotton planting and sugar cul
tivation gave profitable enaployment to:
the colonists in British Hqaduras.
The Destructionists.
N•Wiere lathe work of destructionin
astaylind that of reconstruction and re-; ,
*oration so diffieM(4* in the political
World: It takes fiii* of tAti*antl. taxes
to the utmost the 'best skill of wise
statesmen to construct any properforna;
Of free government. - An hour of popu
lar folly and madness May- lay the
proudest political fabric in the dust,
and so mar all its fair proportions that
long years cannot renovate its shattered
splendors. We are living now amid the
ruins of our former greatness, groping
about blindly among the broken frag
ments of what we once boastingly de
clared to be the best Government the
world ever saw. The demon of destruc
tion, the sorest scourge of nations, blind '1
fanaticism, has been holding high revel
in the halls of our nationality. In vain
shall the nation call upon his followers
to reconstruct the once proud fabric
' they have destroyed. They cannot re
build. Their whole theory and all their
practices are fruitful only of evil, of use
only as implements of destruction.
Every day that passes, every move
they make, every proposition which
comes from their leaders, either in or
out of Congress, abundantly proves
that from them this torn and bleeding
nation has nothing of good to expect.
They can cry war, but they know hot
how to make the slightest use even of
victories. They spend the treasure of
the nation with lavish profuseness, but
fail to purchase anything which can be
regarded as an equivalent for their
wastefulness. They sing songs of re
joicing over negroes set free, but fail to
show how either the negroes or the
whites are to be benefitted by the
change; and, if they are asked to tell
what they propose to do with them or
for them when they are all emancipated,
they are dumb. They denounce the
old Union of our fathers, and curse
the Constitution as framed by them,
but having rent in twain the one and
almost destroyed the other, they have
nothing else of value to offer us in their
stead. Their theories of reconstruction
are either so vague as to be entirely im
practicable, or of such a character as to
be incompatible with any form of free
government. Their financial follies
have made us the laughing stock of the
world; their management of campaigns
has cost us the loss of multitudes of
lives uselessly slaughtered ; their eman
cipation schemes hate destroyed the
commerce of the country, and the ag
riculture of the richest portion of it,
only to insure tenfold greater misery
to the negro than ever he suffered in
slavery. And now, after almost four
years of wasteful war, the people sigh
in vain to see the end, or any indication
thereof. They may just as well make up
their minds to suffer on, until the time
shall come, when men of enlarged views
and statesman-like sagacity shall be
called to take the place of the destruc
tives who are now in power. These
fanatics are only powerful to tear down;
they can never rebuild the glorious
fabric which they have laid prostrate
in ruin. That is a task reserved for
other men, holding widely different
political views.
Unexampled Political Corruption
Judge Pierrepont, one of the advocates
of Mr. Lincoln's re-election, used the
following language in the opening
speech in the Opdyke-Weed libel suit :
" In 1848 there was a great revolution,
as you well remember, in France. The
king was driven from his realm. His
government was forever overthrown,
and not one of Louis Phillippe's chil
dren have ever been able to return to it.
The greater political philosopher, in my
judgment, that has lived at any time,
was then a member of the Chamber of
Deputies, and arising in his place, aml
in his solemn voice he uttered these few
words: `Do you know what is the
general, efficient, deeply-seated cause,
why private morals are degraded? It
is because public morals have first be
come depraved! It is because pure
morality does not govern the principal
actions of life, that it does not descend
to the smaller ones. It is because pri
vate interest has taken the place of dis
interested sentiment in public action,
that selfishness has become the law in
private life. It has been said that there
are two sorts of morality, the one for
politics, and the other for private life.
Certainly if what is passing around us
really is what I see it to be, never was
the falsity of such an assertion proved
in a more striking and unhappy man
ner. Yes, I believe that a change is
taking place in our private morals, of
such a nature as to trouble and alarm
all good citizens, and this change pro
ceeds in great part from what is coming
to pass in our public morals.' I speak
without bitterness, or even, as I believe,
party spirit. I am attacking men
against whom I have no party animos
ity. But lam obliged to tell the coun
try what is my profound and settled
convictions, and it is that the public
morals are becoming, and that this pub
lic corruption will ing us a new, in a
short time perhaps, at an hour that is
already near, a new revolution. De
Tocqueville was hissed by every man
that heard him, and in thirty days from
the utterance of that speech the king
was driven from his throne, and France
expiated for her crimes and corruptions
by the blood of more than ten thousand
of her sons; and not a vestige of that
throne remains, and the children of
Louis Phillippe are exiles and wander
ers on the face of the earth. Gentlemen,
we shall exhibit here to-day a state of
corruption in our public affairs in this
country worse than that of France."
This same suit was pending previous
to the late election, and Mr. Pierrepont
was as well acquainted with the "cor
rupt" state of affairs as he is now, and
he also knew that these corrupt acts
were winked at (aye, worse,) by those
in power ; and yet, he had the assur
ance to advocate, and the American
people the blindness to secure, the rein
stalment in power of those who have
brought us to this state of affairs. The
people may shudder to think of the
prediction of Mr. Pierrepont, but that
the government is in the hands of those
who are now in power, is something
more to be dreaded.
The Congressional Mail
The Postmaster General has issued
orders that all postmasters shall make
up letters, papers, and other mail mat
ter intended for Congress and its em
ployees in separate bags, which are
to be delivered to the Congres
sional messengers at the Washing
ton railroad station. If newspaper pub
lishers will make up their papers in
bundles labelled " Congress," and if
route agents and postmasters strictly
obey orders, the mail matter for the
Capitol will be delivered several hours
earlier than at present.
Where is the Second Corps?
The following significant remark was
recently made by the gallant General
Hancock :
I have left the Second corps dead on
the field between the Rapidan and
Petersburg.
Could there be a more crushing com
mentary on the overland route policy ?
The Second corps numbered 29,000
men on the Ist of May last. A few
weeks ago it had lostover thirty brigade
commanders, over 2,000 commissioned
officers, and within a fraction of 29,000
men ! What survive of this gallant
corps are but a few hundred more than
the recruits which, from time to time,
joined it while on its bloody march.
When General Hancock said, " I have
left the Second corps on the fields be
tween the Rapidan and Petersburg,"
he didn't exaggerate. It was extin
guished in that dreadful campaign, and
is no more? It was sacrificed to the
Moloch of fanatic egotism that presides
over the:White House. It is dead and
gone, and the men who are now called
uponto fill up the Vacant ranks will not
recruit, but replace its vacant soldiers.
Chrishnas as It Was.
difficult to realize the change
lif s idch tour short years- have wrought.
e:,irivoluntarily think of things, as.
they Were before the felldereftnk ofA)3O
- stirred up the fierce strife that
bee desolated arid rendered-nrastemany
of the fairest and richest sections of our
Jahff., -How different were the Christ
mas holidays of four years ago. True,
there were mutterings of the coming
storm, and the air was full of ominous
rumors, but few believed that our diffi
culties would not find some peaceful so
lution. - Had any man, even atthatlate
hour s predicted one tithe of the horrors
through which we have passed he would
have been hooted at. Some who more
thoroughly understood the character of
the Southern people hada proper dread
of what was to-come., But the masses
bOth sections eat Weil' Christmas din
ners undisturbed, andenjoyedthe pleas
ures of the holidays without being con
cerned about the future.
In the South there.;,was considerable
excitement and much apprehension.
But Christmas was kept with the same
joy it always had been. There it has,
ever been more generally observed
than in the North. From the day be
fore Christmas until the day after New
Year was a holiday season. Masters
and servants alike give themselves up
to unrestrained festivity. No negro
did an hour's work unless he was paid
for it. There was music and dancing
in the Lan and the hut, and good feel
ing everywhere. The slaves were a
joyous, thoughtless crowd. Decked in
their holiday suits, fully as well clad as
the same number of the laboring class
anywhere ; with all their material
wants amply supplied; without care
for the future ; happy in being relieved
from the task of providing for them
selves or their families; sure of a living
with one half the labor it takes any
poor man in the North to obtain it;
fitted by nature to enjoy the present,
but entirely improvident for the future,
as they have always shown themselves
to be, they were happy in their subor
dinate position. True, they were not
free. They had not yet begun to ex
perience all the delights of emancipa
tion. The able-bodied men had not been
run off to be bought up and put into the
ranks as substitutes for the carcases of
cowardly Yankees, and the women and
children had not been crowded into
contraband camps, to be sustained at
the expense of the Government until
they died off like rotten sheep, They
hoed corn, picked cotton, ground sugar
cane, threshed rice, added many mil
lions yearly to the national wealth, and
were happy and contented in occupying
a subordinate position. They eat and
drank, and kept Christmas in merry
mood.
Four years ago no soldiers stood on
embattled fields, no blood had been
shed, no endless civil war inaugurated.
It was a glad festive occasion, celebrated
with proper mirth by many thousands
now mouldering in rude graves hastily
hollowed out on battle-fields. It was
then a holiday for 4 whole nation of
united, prosperous and happy people.
When shall it become such again. We
fear it will be long, very long before it
shall be so.
CAPTURE OF SAVANNAH
OFFICIAL DESPATCHES
Secretary Stanton to Major General Dia
WAR I) EPA RTM ENT,
WASRINOTON, Dec. 25-8 P. M. j
To Mirjor-General Dix, New York:
A despatch has been received this evening
by the President from General Sherman.—
It is dated at Savannah, on Thursday, the
22d inst., and announces his occupation of
the City of Savannah, and the capture of
one hundred and fifty gulls, plenty of am
munition and about twenty-five thousand
bales of cotton. No other particulars are
An official despatch from Gen. Foster to
General Grant, dated on the '..?2d inst., at
seven P. M. states that thecity of Savannah
was occupied by Gen. Sherman on the morn
ing of the 21st, and that on the pre:
ceding afternoon and:night Hardee escaped
with the main body of his infantry and light
artillery, blowing up the iron-clads and the
navy yard. He enumerates as captured
eight hundred prisoners, one hundred and
fifty guns, thirteen locomotives, in good or
der, one hundred and ninety cars, a large
lot of ammunition adil materials of war,
three steamers and thirty-three thousand
bales of cotton. No mention is made of the
present position of ,Hardee's force, which
had been estimated at about fifteen thous
and.
The despatches of General Sherman and
General Foster are as follows :
SAVANNAH, GA., Dee. 22, 18(14
E.reelicncY President Lincoln: .
I beg to presentyoU as a Christmas gift the
city of Savannah, with one hundred and
fifty heavy guns and plenty of ammunition,
and also about twenty-tive thousand bales
of cotton.
W. T. SITERMAN, Major General
STEA MER GOLDEN GATE, I .
SAVANNAH RIVER, Dee. 22-7 P. M. )
To Lieutenant General Grant and Major General
[IL TT: Haller*:
I have the honor to report that I have
just returned from General Sherman's
headquarters in Savannah.
I send Major Gray, of my staff, as bearer
of despatches from General Sherman to you,
and also a message to the President.
The city of Savannah was occupied on the
morning of the 21st. General Hardee, an
ticipating the contemplated assault, escaped
with the main body of his infantry and
light artillery on the morning of the 20th,
by crossing the river to Union Causeway,
opposite the city.
The rebel iron-clads were blown up and
the navy yard was burned. All the rest of
the city is intact, and contains twenty
thousand citizens quiet and well disposed.
The captures include eight hundred pris
oners, one hundred and fifty guns, thirteen
locomotives, in good order; one hundred
and ninety cars, a large supply of ammu
nition and materials of war, three steamers
and thirty-three thousand bales of cotton,
safely stored in warehouses.
Ally, these valuable fruits of an almost
bloodless victory have been, like Atlanta,
fairly won.
I opened communication with the city
witli my steamers to-day, taking up what
torpedoes we could see and passing safely
over others. Arrangements are made to
clear the channel of all obstructions.
Yours, Cc.,
J. G. FOSTER, Major General.
EDWIN M. STANTON,Secretary of War.
The Government Printing
The Western Press Asssociation has
petitioned Congress to take the duty off
of paper, and no doubt IL general effort
will be made in this direction by per
sons interested in the publication of
newspapers and books. The revenue
derives not a cent of advantage from
the duty, but the cost of the articles is
nearly trebled by throwing the monop
oly into the hands of home-manufad
turers. Yet we have-been informed by
judicious owners of paper-mills that it
would be much more for their real ad
vantage, if former prices were resumed.
In the meantime the Government itself
is a great sufferer by the duty, since the
amount of printing performed for it is
immense, and it has to pay at least as
much as the private consumer for the
article. The Washington correspond
ent of the New York Expiess says in re
gard to the public printing :
This is running up to be frightful. The
Superintendent, Mr. Defrees, asks for as
deficiencies the last year—
Public Printing $lBO,OOO
Deficiency in paper 450,000
Binding 90,000
$730,000
His estimates of expenses for the next
fiscal year are $1,448,929, about a million
and a half of dollars 1 What a costly pub
lication office !
THE MARCH THROUGH GEORGIA.
The_ Routes taken by our Forces—What
Opposition they Bet—The - Character
:load Wealth of the Country—. The Battle
7 Ildrßoproach
SaSsimal; saillOre of FortlrAllisto*-
.;..CsodltloU of the Army—Proillieets
the flaptUre of Savannah.
TheN'ew York - Herald has along and
:coinplete account.. of Sherman's march
through Georgia, including all 'the -in
cidents from his departure from Atlan
ta, on November 14th, to his arrival at
Savannah, 11th inst. The correspond
ent says that on the 11th the army was
located as follows : The 20th corps at
Atlanta, the 15th and 17th Corps at
Powder Spring road, on the Chatta
hoochie river, and the 14th Corps. at
Kingston, Ga. Sherman's headquarters
were at the latter place. On the morn
ing
of the 12th the army commenced
concentrating around Atlanta. The
14th Corps, Brevet Major General Davis
commanding, remained at Kingston to
cover the shipment north of the Gov
ernment property and rolling stock of
the railway, and at noon of that day the
3d Brigade of the Ist Diiiision, Colonel
H. A. Hambright, 79th Pennsylvania,
commanding, who, by the way, was
the first commandant at . Kingston,
moved out, and the place was evacuated.
Next day the corps reached the Chatta
hoochie, and on the 15th Atlanta. On
the same day the railroad to Chattanoo
ga was destroyed. On the 14th and 15th
the 15th and 17th Corps marched one
mile south of Atlanta, where they were
joined by Gen. Slocum. On the night
of the 14th detached parties from the
20th Corps burned Atlanta. The con
flagration was a grand sight. As the
flames spread from the public buildings
and the depot that had been fired, the
whole heavens betame illuminated by
lurid glare, while the unexploded shells
in the dwellings andstorehouses became
heated, and as they exploded in rapid
succession one almost imagined thatthe
scenes of August last, when one hun
dred thousand heroes confronted the
rebel stronghold, were being reenacted.
Standingupon an eminenceoverlooking
the doomy city, I bad an excellent view
of the conflagration, and never had I
beheld so grand a sight. As night
waned, the gentle breezes carried• the
destroying element from house to house,
an block to block, until one-half of the
rebel city was in flames, the glare of
which was so bright that the soldiers a
mile distant read their last letters from
home by the light. Next morning I
rode over the city among the ruins,
where nothing remained to tell the tale
but tottering walls and blackened chim
neys, that, like grave-stones, stood
there as monuments of departed glory.
On the morning of the 16th, the army
took up its line of march through a
country teeming with supplies and
stock, and full of evidences of the
wealth and prosperity of the State.
Passing through Conyers, a neat little
town, the afternoon of the 17th was
spent in destroying the Atlanta and
Augusta Railroad from Conyers to Yel
low river. Here the rebels for the first
time appeared in our front, but in no
force. On the 18th, the first place of im
portance encountered was Covington,
where the ladies, who have the reputa
tion of being the most beautiful of the
South, crowded out to see our passing
soldiers. The bands were playing Dixie's
Land as we passed through, 'and the
ladies were deceived into the belief that
the soldiery were rebels ; but when
Yankee Doodle was struck up, lie
piazzas were cleared , of their beaut4l
inhabitants, •vindows came down with
a slam, and , !oors closed very abruptly,
until not a fair face was visible. On
the 18th, the right wing was encamped
at Jackson, and Slocum (the left) was
near by. Neither of them had met any
rebels in force. On the 19th the column
moved at daylight. At night the com
mand encamped near Eatonton. Up
to this time the army had beautiful
weather,
but rain fell in the night,
making the roads almost impassable.—
On the 20th, however, the command
still moved on, the roads in a horrible
condition, and encamped at Shady Dale.
On the night of the 20th (Sunday) Mil
ledgeville was captured by scouts. The
method of capture is thus indignantly
detailed by one of the lady residents of
the town :
"Early in the afternoon five Yankee
scouts came dashing pell moll into the
town, when the men—the mean, craven
hearted wretches, fully two hundred
strong—skedaddled, leaving our baby
Mayor to go out and surrender the place
unconditionally to five greasy Yankees,
ten miles in advance of their army. Oh,
the men are mean, chicken-heated
wretches, and the Mayor a puffed-up
old fool. Had I been in town I'd have col
lected all the women, and driven the
skunks out with mop handles and
broom-sticks !"
The town, which our troops found to
be a very handsome one, full of the ha
provements suggested by wealth and re
fined taste, was soon occupied. Those
of our men the town could not accomo
date were encamped in the woods
around the city. The penitentiary was
burned by the 20th
The rebels on evacuating the piace re
leased all the Union men confthed iu
the prison, and conscripted them into the
rebel army. The State House, when I
visited it, presented an appearance of
devastation and chaos. The troops had
entered the Senate and Representative
chambers, and the office attached, and
torn up the furniture, scattering the
contents of drawers about the floor, de-'
stroyed the library and State papers left
behind by Gov. Brown and his associ
ates, in hurried flight, appropriated to
their own use everything they could
carry, cut the trimmings from the win
dows, and revelled in broad sheets of
unsigned, State bonds and currency,
several millions of which were found
piled up in one of the rooms, as well as
the plates from which they had'been
struck. As I strolled leisurely through
the chambers and committee rooms,
and gazed upon the hundreds of negroes
who filled the Capitol and revelled in
its halls, I could not but feel that it was
no descration—that it was fitting that a
council hall where the treasonable or
dinance of secession was hatched and
given form should be spit upon and
insulted by conquering troops and dis
enthralled darkies, under the very
shadows of the life-like portraits of
Georgia's chivalrous sons that adorned
the walls of both chambers. ft is only
a matter of surprise that General Sher
man, on evacuating that city, did not
lay the building in ashes.
4, On the day that the 14th Corps tri
umphantly marched into the capital to
the music of the Union, the officers of
the 20th Corps, to the number of about
one hundred, assembled at the Senate
Chamber, called the roll of the House,
appointed a Speaker and clerks, and
opened^the Legislature with prayer, the
facetious chaplain praying for the over
throw of the rebel Government ; the
return" of Georgia to the old Union ;
fine weather and little fighting on our
march to the coast, concluding with the
remark, " All of which is respectfully
submitted."
A lobby member very gravely arose.
in the gallery, and asked if this honor
able body would hear from the gallery.
Half an hour's discussion followed,
and, on a division, it was decided that
the gallery should be heard.
Rising with all the dignityand polish
of a Chesterfield, he quietly put his
hand in a side pocket, drew out a flask,
placed it to his lips, replaced it in his
pocket, and resumed his seat.
The Speaker. I must raise a point of
order. I believe it is always customary
to treat the Speaker.
Lobby Member. I beg the pardon of
the honorable House for my thought
lessness. I believe it is customary to
treat the Speaker.'
Here he produced the flash, and pro
ceeded : " Yes, I beg to inform the
House that I shall treat the-Speaker—
respectfully."
The flask dropped into his pocket, and
he into his seat, amid cheers from the
gallery and smiles from the honorable
Speaker's colleagues.
After the organization of the Legisla
ture the question of reconstructing the
State was taken up and discussed for
some hours, with all the gravity con
ceivable, by the Yankee representatives
from the various counties. The result
of the deliberatiobs was that the State
was led back like a conquered child
into the Union,
and a committee ap
pointed to kick Governor Brown, and
President Davis' mites, which commit
tee retired, and soon after returned and
reported that they were animated by a
progressive spirit, but that the articles
upon which they were to exercise their
" pedal extremities " were non est.
The Legislature adjourned after the
style of Governor Brown's Legislature
of the previous .Eriday—by taking a
squaredrink and Mndful of " hognuts."
The march towards Savannah on the
23d and 24th was marked by much
skirmikhingon the 26th at Sandersville,
some miles from the Ogeechee. Whee
ler was stampeded by &foraging party. ,
On the 28th the left wing arrived at the
Ogeechee river, and Sherman reached
Milton on the .%t.li.;_part of the men of
th,e latter passed-thiOugkr
and several divisions of tha'Other corps
marched to Waynesbato..:Gn Decem
beild theleftwing reached . here. On
the 7th` Davis' corps advanced, skir
rdishing with Ferguson's brigade of
rebel cavalry-'::lowards, the Ogeechee.
Here FerguSOn:attacked Kilpatrick in a
sWamp;'but only afew volleya were ex
changed, and Kilpatrick and Howard
sat down that night forty-six Miles
from Savannah. Slocum reached
Sringfield, the county seat of Effing
ham. Kilpatrick, during the whole
march, was very serviceable on the
flanks. On the 22d, near Gordon, some
of the enemy showed fight, but were
repulsed in utter confusion by. the 9th
Pennsylvania Cavalry, who charged
and routed them. While this cavalry
battle was progressing the rebels brought
up three brigades of infantry, under Gen.
Phillips, when Horward orderedup Gen.
Walcott's brigade of the 15th Corps to
support the cavalry,and the engagement
at once assumed the form of a battle.—
Walcott came down on the rebel militia
like a hurricane, dealing death and de
struction into the enemy,. yet they gal
lantly stood the terrific 6e of infantry
and artillery, until fifteen minutes
slipped by, and hundreds of rebel dead
and wounded went down. Walcott was
quick to see the advantages gained by
him, improved them, and fell upon
them with irresistible ferocity. He
swept the hillsides, pickets, breast
works, and road before him. In dis
order rushed the horror-stricken men.
Gen. Phillips tried to rally his troops,
but it was in vain. They still ran mad
ly to the rear. Phillips saw the day was
lost unless the men were rallied, and
throwing himself in front, he called
wildly upon them to follow. A few
turned back, and, hurriedly forming
then, he moved forward ; but our dead
ly shells and bullets struck his column
while it was being dressed. Walcott
rushed forward at the moment on the
double-quick ; the enemy broke in dis
order, and away they cut across field
and forest, throwing their arms away,
and leaving Philips and many of his
command prisoners in our hands. The
yells of triumph of our men only
heightened their terror, mingling, as
they did, with the whistling of Enfield
balls, . the deep-toned tramp of horses
and men, and the rolling of gun
carriages in the storm that follows
war. The battle lasted four hours, and
Walcott—the brave leader of the vic
torious hosts—was carried out wounded
at night, and all was still. Next morn
ing the sun rose upon the bloody field,
and the enemy were gone, leaving near
ly four hundred dead and wounded on
the field. Walcott lost but thirty-seven.
On the 11th and 12th, most of our
army had arrived near Savannah, and
by the 9th Sherman had made prepara
tions to open communication with the
fleet. The 11th and 12th were spent in
putting troops in position, locating ar
tillery, erecting breastworks, repairing
roads, and all the et eetcras preliminary
to a thorough investment of the city.
Baird's division,
left in the rear of
Slocum to keep Wheeler back, placed
batteries on the river to check the gun
boats that the rebels patrolled the river
with, and employed themsel4s in tear
ing up the railway and burning the
bridge across the Savannah river. On
the evening of the 12th they moved up
and took position in reserve of Carlin.
The line on the 12th was about ten miles
long, extending from the Savannah,
where Slocum's left rested, three miles
from the city, to beyond the Gulf Rail
way, where Howard's right rested,
eleven miles from the city. Howard
had previously torn up many miles of
this last link in the railways centering
in Savannah. In front of some divisions
of our lines were impenetrable marshes
and swamps, where we could not ap
proach within rifle range of the enemy.
On the evening of the 12th Howard re
lieved Hazen's 2cl Division of the 15th
Corps by a part of the 17th Corps, and
threw it across the Little Ogeechee, to
wards the Great Ogeechee, with the
view of crossing it to Ossabaw Island,
and reducing Fort McAllister, which
held the river.
The enemy had destroyed King's bridge
across the Great Ogeechee, and this had
to be repaired. Capt. Reese, topographi
cal engineer of Howard's staff, with the
Missouri engineers, prepared the timber
and bridged the one thousand feet of
river during the night, and the morn
ing of the 13th, Hazen crossed and mov
ed towards the point where Fort Mc-
Allister obstructed the river. The fort
was soon invested in a half circle, and
at a given signal our men charged over
the ground and soon planted their bat
tle-flags on the parapets. The rebels
had buried torpedoes in the ground
charged over by our men ; our entire
loss, however, was but twenty-three
killed. The rebels were forced after
wards to remove them.
After the capture communication was
opened between Dahlgren and Sherman.
It seems that at about three o'clock, on
the morning of the 13th, the day of the
capture of the fort, after a rocket had
been discharged from one of the block
ade vessels, the Flag, a little stream of
light was observed to shoot up in direc
tion of *re Ogeechee, and qucikly die
away. Another rocket was immediate
ly sent up from the flag-ship, and a
second stream of light was seen in the
same position as the first. It then be
came a question whether or not they
were rebel signals to delude our officers.
At about 7 o'clock the.navy tug Dande
lion, Acting Master Williams, took
Lieutenant Fisher and his party, and
Capt. 'Williamson, of the flag-ship, and
proceeded up the Ogeechee to a point
Within sight of Fort McAllister and the
batteries on the Little Ogeechee. Here
Lieut. Fisher took a small boat and pro
ceeded up as far as possible without
drawing the enemy's fire. A careful
reconnoissance was mule of the fort and
the surrounding woods from which
proceeded the reports of musketry, and
the attention of the garrison seemeed to
be directed inland entirely. A flag,
which seemed to be our own, was seen
flying from a house four miles off, and,
on more careful examination, the stars
were plainly visible, and all doubts of
the character of the flag were at once
removed. It was the flag that had
floated over General Howard's head
quarters at Atlanta, and' now flamed
out on the sea coast, within eight miles
of the city of Savannah. Lieutenant
Fisher at once returned to the tug, and
moved up to au opening out of range of
Fort M'Allister, when, from the top of
the pilot-house of the Dandelion, the
American flag could be distintly seen.
A white signal was at once raised, and
a signhl conversation ensued, which re
sulted in the glorious information that
Sherman had reached the coast, and
the two warriors met where the fort
was captured. On the following Thurs
day Foster paid the General visit. He
passed the obstructions below Fort Mc-
Allister, and proceeded some distance
up the river, when darkness and the
dense fog which arises nightly over the
rice marshes, made it impossible to ven
ture further, the channel being un
known and exceedingly tortuous. As
soon as the fog was dissipated on the
following morning, General Foster or
dered the steamer to go on. The river
through an immense fields of rice, thous
ands of acres in extent, on either side, and
here and there we passed large steam
rice mills surrounded by negro huts,—
On the, banks, in front of their quarters,
were assembled groups of negroes of
both sexes and of all ages and sizes,who
watched our passage with wonder, not
unmingled with joy, which they mani
fested by tossing up their hats, waving
bandanna handkerchiefs, making low
courtsies, and dancing plantation jigs to
the great amusement of all. Some of
the rice mills were observed to be run
ning at a high rate, and we afterwards
ascertained that General Sherman'ssol
diers were in possessioi, and were en
gaged in grinding riceTh.nd laying in a
nice supply of that popular edible.
On the next day a couple of rebel gun
boats ascended the river from the city,
and attempted to annoy our forces by a
vigorous shelling. They did not occa
sion any damage, and only elicited a'
number of shots from our twenty-poun
der Parrotts on the city, which was
easily reached by our projectiles. Find
ing that the city was suffering from our
fire, the rebel gunboats desisted from
their annoyance and .withdrew to the
defences of their batteries.
Our position is now secure. Hardee
holds the city, and has but one avenue
of escape. Whether General Sherman
proposes to cut that line of retreat or not,
I am not in a position to say. It is not
improbable that other points may be
found to cut that line ; and, meanwhile,
Hardee, by extending his lines, has
weakened his front around the city
proper. His force is variously estimated
at from fifteen to twenty thousand men,
of whom only five thouiand are old
soldiers, the balance being Georgia
militia, consisting of old men and boys.
General Sherman can (run over his
works and carry them by storm at any
time, if he did notTfeel conlidentxof heik= •
in g the:o*n Witlitiutilie iresit.effesion
of blood that an assault would necessarily
produce.- He desires to save his men in
every way, and he will do it by not be-
ing ins hurry. , The - question of sup- -
plies is one that Hardee cannot control.
Our forces were • not looked for under
two weeks from this, and the supplies
necessary to maintain a siege were not
collected and stored away in the city ;
nor were inhabitants—non combatants
—sent to other locations. On the con
trary, thousands resorted to the city as
a place of refuge, from all portions of the
country in front of Sherman, and drove
many of their negitoes before them. At
least eight or ten thousand beings were
added to the non-combatants, which
Hardee had to feed, and Hardee had not
the time to make the necessary arrange
ments for this army of hungry mouths ;
so they must starve if he holds out. An
intelligent and frank rebel officer
taken prisoner at Fort McAllister, who
was familiar with the condition of the
commissariat in Savannah, acknow
ledged, a day or two since, that there
were not more than ten days' supplies
in Savannah, and with his communica
tions closed, as they are now, he cannot
hold out a fortnight. This is corrobor
ated by the best information our gene
rals have. It is generally believed that
Hardee will attempt to slide out with
his forces before the last door is closed
against him, and leave to the municipal
authorities the duty of surrendering
the city to General Sherman.
Opinion of Attorney General Meredith
Defining the Power of the Governor
In Declaring the Election of Members
of Congress.
The 21st Congressional District is
composed of the counties of Indiana,
Fayette and Westmoreland. The dis
trict return judges of that district have
sent to the Secretary of the Common
wealth their return of the election held
in October last, in which they state the
number of votes cast for each candi
date; and further, that John L. Daw
son, having the highest number of votes,
is therefore duly elected member or
Congress from the said district.
A number of returns of soldiers' votes
for member of Congress for said district
have been sent to the Secretary of the
Commonwealth, some of which may
probably not have been received by the
proper officers in time to be counted
and estimated before issuing the certifi
cate of election.
On this state of facts my opinion is re
quested by the Governor on the follow
ing questions, viz :
1. Can he go behind the return of the
district return judges, and if satisfied
by proof that they have not correctly
counted and estimated_the returns sub
mitted to them, can he correct their er
rors, and proclaim as elected Mr. Fuller
the opponent of Mr. Dawson ?
2. Can he receive proof on the question
whether any of the returns of soldiers'
votes were 'not received in time to be
counted and estimated by the district
return judges, and if satisfied that there
are returns of soldiers' votes not so re
ceived in time, can he count and esti
mate such votes in addition to the votes
returned by the district return judges,
and proclaim as elected the candidate
who may thus appear to be elected ?
3. Is he bound to proclaim as elected
the candidate whom the district return
judges have returned as elected ?
The 20th section of the act of 25th
August, 1804, requires the county re
turn judges to include in their enumer
ation the soldiers' votes returned.
The 82d section of the general elec
tion act of 1839 provides that the dis
trict return judges shall cast up the
several county returns, and wake du
plicate returns of all the votes given for
any office in the district, and of the
name of the person or persons elected,
and shall send one of these returns to
the Secretary of the Commonwealth.
The 83d section of the same act re
quires the district return judges to
transmit to each of the persons elected
to serve in Congress, a certificate of his
election, within five days after the day
of making up their return.
The 25th section of the same act pro
vides that it shall be the duty of the
Governor, on the receipt of the returns
by the Secretaryof the Commonwealth,
to declare, by proclamation, the names
of the persons so returned as elected in
the respective districts, and that he
shall also transmit the returns so made,
to the House of Representatives of the
United States.
The 22nd section of the act of 25th of
August, 1864, provides that in all cases
of contested elections, all legal returns
of soldiers' votes which shall have been
bona fide forwarded, shall be counted,
although the same may not have been
received by the proper officers, to be
counted before issuing the certificates
of election.
The above, I think, are all the statu
tory provisions that are material to the
decision of the questions now submitted
to me.
1. It is obvious from this recital that
the law has given the Governor no au
thority to go behind the return of the
district return judges, or to receive
proofs of any kind tending to contradict
the return, or toshow that it is incorrect.
I am, therefore, of opinion that the first
question ought to be answered in the
negative.
2. In the case of soldiers votes not re
turned in time to be counted by the re
turn judges, it is only in the ease of a
contested election that the law has pro
vided that they shall be counted, and
the election of a member of Congress
cannot be contested before the Gover
nor. I am, therefore, of the opinion
that the second question ought to lie
answered in the negative.
3. The district judges are required to
return the names of the persons elected
and it is expressly made the duty of the.
Governor to declare, by proclamation,
the names of the persons so returned as
elected, and to transmit the returns
themselves to the House of Represents
' tives of the United States. Tam, there
fore of opinion that the third question
ought to be answered in the affirmative.
There is no connection between the
Governor, as the Executive officer of the
State, and the election of members of
Congress. He has nothing to do with
the election or the returns of it, except
so far as the Legislature has expressly
imposed certain duties Upon him. Un
der the acts of Assembly on the subject
his functions in this regard are
strictly ministerial and of the nar
rowest kind. He is' not a judge
of the election or a returnh ' r officer.
He is simply the channel through
which the returns are to be transmitted
to Congress, and the names of the per
sons returned declared to the people by
his proclamation. Congress must of
course act on the returns. His procla
mation is not communicated to them,
and if it were, it purports merely to
declare:the names of the persons stated
in the returns to be elected. If he were
to issue a proclamation stating that he
had received satisfactory evidence of the
incorrectness of the returns, and that a
person not named therein as elected,
was duly elected, such a proclamation
would be a mere nullity—it would af
ford no legal proof anywhere in favor
of a person so proclaimed to be elected.
If, on the other hand, he should, by
proclamation, declare that a cer
tein person had been returned
as elected, when the returns themselves
showed that be had not been so re
turned, then he would have proclaimed
what the production of the returns
would prove to be wilfully untrue. He
has, in my opinion, no more right to
misstate the contents of the returns in
his proclamation, than he has to alter
the returns themselves. One prolific
source of the practical difficulties which
exist in ascertaining the results of popu
lar elections, is to be found in the ap
parently increasing tendency of officers
intrusted with ministerial functions, to
usurp discretionary or judicial powers.
This evil is becoming alarming; if it
be not checked, it may possibly at last
be more important to have a majority
of the return judges, than of the voters.
It would be indeed an untoward spec
tacle to see the chief Executive Magis
trate of such a State as Pennsylvania,
encouraging,. by his example, a mal
practice of which every good citizen
must earnestly desire the rigoroua sup
pression.. W. M. MEREDITH,
Attorney
ATTORNEY GENERAVS OFFICE, General.
HARRISBURG, Dec. 8,186.1. j
Since writing the foregoing opinion,
my attention has been called to the fact
that the counties of Indiana, Fayette
and Westmoreland compose the .20th
CongressleiWistrict, and not fhe 21st,
as stated inAhe return. .
I am of opinion that this a Mere cleri
cal error, and, eIo.CS not ; vitiate the re
, tarp, and It dees:.not idtek the results at
which /- have arrived
' 3341:0F4401 1,
. .