The Montrose Democrat. (Montrose, Pa.) 1849-1876, April 03, 1866, Image 1

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    A. J. GERRITSON, Publisher.t
"liT M nE° Co
OF THE
CIVIL RIGHTS BILL
To the Senate of the United States :
CONSTITUTIONAL OBLIGATIONS.
I regret that the bill which has passed
both Houses of Congress, entitled "An
act to protect all persons in the United
States in their civil rights, and furnish
the means of their vindication," contains
provisions which I cannot approve con
sistently with my •sense of duty to the
whole people, and my obligations to the
Constitution of the United States.
I am,. therefore, Constrained to return
it to the Senate, the house in which it.
originated, with my objections to its be
coming a law.
FEDERAL CITTZENSITIF
By the first section of the bill all per
sons born in the United States, and not
subject to any foreign power, excluding
Indians not taxed, are declared to be cit.-
izons of the United States. This provis
ion comprehends the Chinese of the Paci
fic States, Indians subjecCto taxation, the
people called Gipsies, as well as the entire
race designated as blacks, people of color,
negroes, mulattoes, and persons of Afri
can blood. Every individual of these ra
ces horn in the United States is by the
bill made a citizen of the United States.
It does not purpose to declare or confer
any other right of citizenship than " Fed
eral citizenship." It does not purport to
give these classes of persons any sta
tus as citizens of States, except that
which may result from their status as cit
izens of the United States. The power
to confer the right of State citizenship is
just as exclusively with the several
States as the power to confer the
right of Federal citizenship is with
Congress. The right of Federal citizen
ship thus to be conferred on several
excepted races as before mentioned, is
now for the first time proposed to Le giv
en by law. If, as is claimed by many, all
persons who arc native born are by virtue
of the Constitution citizens of the United
States, the passage of the pending bill
cannot be necessary to make them such.
If, on the other hand, such persons are
not citizens as may be assumed from the
proposed legislation to make them such,
the grave question presents itself wheth
er, when eleven of the thirty-six States are
unrepresented in Congress - at this time, it
is sound policy to make our entire color
ed population, and all other excepted
c l a .;seA, citizens of the United States.—
Four million• of them have just emerged
from s'a very into freedom. Can it be
supposed that they possess the requisite
quatifica' ions to entitle them to all the priv
ileges nu l itnnineities of citizens of the
United States? Have the people of the
several States expressed such a convic
tion ? It may also be asked whether it
Is necessary that they should be declared
citizens in order that they may besecured
in the enjoyment of the civil rights prq
posed to be conferred by the bill ? Those
rights are, by Federal as well a. State
laws, secured to all domiciled aliens and
foreigners, even before the completion of
the process of naturalization, and it, may
safely be assumed tbat the same enact
ment. are suffickent to give like protection
and benefits to those for whom this bill
provides special legislation.
Besides, the policy of the Government,
from its origin to the present time, seems
to have been that persons who are stran
gers to and unfamiliar with our institu
tions and our laws, should pass through a
certain probation, at the end of which, be
fore attaining the coveted privilege, they
must give evidence of their fitness to re
ceive and to exercise the rights of citi
zens, as contemplated by the Constitution
of the United States.
TIIE EGEO EACE
The bill, in effect, proposes a discrim
ination against a large number of intelli-
gent, worthy and patriotic foreigners, and
in favor of the negro, to whom, after long ;
years of bondage, the avenues of freedom
and intelligence have just now been sud
denly opened. He must, of necessity,
from his previous unfortunate condition
of servitude, be less informed as to the
nature and character of our institutions
than he who, coming from abroad, has to
some extent at. least, familiarized himself
with the principles of a Government to
which he voluntarily entrusts life, liberty
and the pursuit of happiness. Yet it is now,
proposed_ by a single legislative enact
ment, to confer the rights of citizens up
on all persons of African descent born
within the extended limits of the United
States, while persons of foreign birth,who
make our land their home, must undergo
a probation of five years, and can only
then become citizens upon proof that they
are of good moral character, attached to
the principles of the . Constitution of the
United States, and well disposed to the
good order and happiness of the same.
The first section of the - bill oleo contains,
an enumeration of the rights to be enjoyed
by these classes so made citizens in every
State and Territory orthe,United States.
These rights are to make mid enforce con
tracts, to sue, be parties and give' evi• .
deuce; to inherit, lease, purchase, *elk
bold and convey real and persopal.prop-,
erty, and to have full and equal benefit of!
all laws and proceedings for the security
of person and property as is now enjoyed
by white citizens. So, too, they are made
subject to the same punishment, pains
and penalties in common with white citi
zens, and to none others. Thus a perfect
equality of the white and colored races is
attempted to be fixed by Federal law in
every State of the Union over the vast
field of State jurisdiction covered by
these enumerated rights. In no one of
thesp can any State ever exercise any
power of discrimination between the dif
ferent races. In the exercise of State pol
icy exclusively affecting the people of
each State. it has frequently been thought
expedient to discriminate between the
two races.
STATE ENACTMENTS.
By the statutes of some of the States,
Northern as well as Southern, it is enact
ed, for instance, that no white person
shall intermarry with a negro or mulatto.
Chancellor Kent says, speaking of the
blacks, " that marriages between them
and the whites are forbidden in some of
the States where slavery does not exist,
and they are prohibited in all the slave
holding States ; and when not absolutely
contrary to law, they aro revolting, and
regarded as an offence against decorum."
I do not say that this bill repeals State
laws on the subject of marriage between
tl e two .races, for as the whites are for
bidden to intermarry with the blacks, the
blacks can only make such contracts as
the whites themselves are allowed to
make, and therefore cannot, under this
bill, enter into the marriage contract with
the whites.
I cite this discrimination% however, as
an instance of the State policy as to dis
crimination, and to inquire whether, if
Congress can abrogate all State laws of
discrimination between the two races in
the matter of real estate, of suits, and of
contracts generally, Congress may notal
so repeal the State laws as to the contract
of marriage between the races ? Hither
to every subject embraced in the enumer
ation of rights contained in this bill has
been considered as exclusively belonging
to the States; they all relate to the in
ternal policy and economy of the respec
tive States. They are matters which, in
each State, concern the domestic condi
tion of its people, varying in each accord
ing to its own peculiar circumstances and
the safety and well-being of its own citi
zens.
FEDERAL RESTRAINTS
I do not mean to say that, upon all
these subjects there are not Federal re
straints. As for instance, in the State
power of legislation over contracts, there
is a Federal limitation that no State shall
pass a law impairing the obligations of
contracts ; and as to crimes that no State
shall pass an ex putt facto law ; to mone y,
that no State shall make anything but
gold and silver a legal tender. But where
can we find a Federal prehibition against
the power of any State to discriminate as .l
to most of them, between aliens and 'citi
zens, between artificial persons, called
corpora' ions,in the right to hold reallestate.
If it, be granted that Congress can re
peal all St atelaws diseriminat ing bet ween
whites and blacks in the subjects covered
by this bill, why, it may be asked, may
not Congress repeal, in the same way, all
those laws discriminating between the
two races on the---subject of suffrage and
office. If Congress can declare, by law,
who shall hold lands, who shall testify,
who shall have capacity to make a con
tract in a State, then Congress can by law
also declare who, without regard to race
or color,. shall have the right to sit as a
juror or as a judge, to hold any office,and
finally to vote, in every State and territo
ry of the United States. As respects the
territories, they come within the power
of Congress, for as to them the law-mak
ing power is the ; Federal power; but as
to the States, no similar provision exists,
vesting in Congress the power to make
rules and regulations for them.
DISCRIMINATIVE PROTECTION.
The object of the second section of the
bill is to afford discriminative protection
to colored persons in the full enjoyment
of all the rights secured to them. By
the preceding section it declares that
" any person who, under the color of the
law, statute, ordinance, regulation, or cus
tom, shall subject, or cause to be subject
ed, any inhabitant of any State or territo
ry to the deprivation of any right secured
or protected by this act, or to different
punishment, pains, or penal ties,on account
of such person having at any time been
held in a condition of slavery, or involun
tary servitude, except as A punishment for
crime whereof the party shad hare been
duly convicted, or by reason of his color
or race than is prescribed for the punish.
ment of white persons, shall be deemed
guilty of a misdemeanor, and on convic
tion shall be punished by fine not exceed
ing one . thousand dollars, or imprison
ment not exceeding one year, or both in
the discretion of the court." , .
This section seems to be designed to apply
to some existing or future law of a State or
Territory, winch may conflict with the
provisions of the bill now under consider
ation. It providesfor counteracting such
forbidden legislation by imposing aa fine
and, , imprisonment upon, tbe legislators
who may pass such conflicting laws, or
MONTROSE, PA., TUESDAY, APRIL 3, 1866.
upOn the officers or agents who shall put
or to put them in execution. It
means an official offense, not a common
crime committed ag ainst law upon the
person or property o the black man.—
Such an act may deprive the black man
of his property, but not of the right to
hold property. It means a deprivation
of this right itself, either by the State
judiciary or the State Legislature. It is,
therefore, assumed that, under this sec
tion, members of State Legislatures who
should vote for laws conflicting with the
provisions of this bill, that judges of the
State - courts who should render judg
ments in antagonism with its terms, and
that marshals and sheriffs who should, as
ministerial officers, execute processes
sanctioned by State laws and issued by
State judges in execution of their judg
ments, could be brought before other tri
bunals, and there subjected to fine and
imprisonment for the performance of the
duties which such State laws might im
pose.
The legislation thus proposed invades
the judicial power of the State. It. says
to every State court or judge,"lf you de
cide that this act is unconstitutional; if
you refuse, under the prohibition of a
State, to allow a negro to testify; if you
hold that, over such a subject matter, the
State law is paramount, and under color
of a State law refuse the exercise of the
right to the negro, your error of judg
ment, however conscientous, shall subject
yon to fine and imprisonment." Ido not
apprehend that the conflicting legislation,
which the bill seems to contemplate, is
likely to occur as to render it necessary
at this time to adopt a measure of such
doubtful constitutionality.
NEEDLESS PEOVISION
In the next place this provision of the
bill seems to be unnecessary, as adequate
judicial remedies could be adopted to se
cure the derired end without involving
the immunities of Legislatures always im
portant to be preserved in the interest of
public liberty, without assailing the inde
pendence of the judiciary, always essen
tial to the preservation of individual
rights, and without impairing the efficien
cy of ministerial officers, always necessa
ry for the maintenance of public peace and
order. The remedy proposed by this sec
tion seems to be in this respect not only
anomalous, but unconstitutional, for the
Constitution guaranties nothing with cer
tainty if it does not insure to the several
States the right ofmaking and exeenting
laws in regard to all matters arising in
their jurisdiction, subject only to the re
striction that in cases of conflict with the
Constitution and constitutional laws of the
United States, the latter should be held to
be the supreme law of the land.
LEGAL JURISDICITON
The third section gives the Di.trict
Courts of the United States exclusive
"cognizances of all crimes and offenses
committed against the provisions of this
act," and concurrent jurisdiction with the
Circuit Courts of the United States of all
civil and criminal cases affecting persons
who are denied or cannot enforce in the
Courts or judicial tribunals of the State or
locality wherever they may be, any of the
rights secured to them by the first sec
tion; and the construction which I have
g iven to the second section is strength
ened by this third section, for it, makes
clear what kind of denial or deprivation of
the rights secured by the first section was
in contemplation. It. is a denial or depri
vation of such rights " in the courts or ju
dicial tribunals of the State." It stands,
i therefore, clear of doubt that the offense
and penalties provided in the second sec
! tion are intended for the State judge, who,
in the clear exercise of his function as a
judge, not acting ministerially bat judi-
I cially, shall decide contrary to this Feder
1-al law.
In other words, when a State judge,
acting upon a question involving a con
flict between a State law and a Federal
law, and bound, according to . his own
judgment and responsibility, to give an
impartial decision between the two comes
to the conclusion that the State law is
valid and the Federal law is invalid, he
must not follow the dictates of his own
judgment, at the peril of fine and impris
onment. The legislative department of
the Government of theUrnited States thus
takes from the judicial department of the
States the sacred and exclusiue duty of
judicial decision, and converts the State
judge into a more ministerial officer,
bound to decided according to the will of
Congress. •
PERSONAL RIGHTS IN THE STATES.
It is clear that in the States which de
ny to persons whose rights are secured
by Old first section of the bill any one of
these rights, all criminal and civil cases
affecting them, will, by the provieion of
the third section come under the exclu
sive cognizance of the Federal tribunals.
It follows that if in any State which denies
to a colored person any one of all those
rights, that person should commit a crime
against the laws of the State,- murder, ar
son, rape, or any other crime ,
_ all protec
tion or punishment through the courts of
the State are taken away, and he can only
be tried and punished in the Federal
courts. How is the criminal to be tried
if the offense is provided for and punish--
ed by Federal law, that law and not, the•
State law is to govern.
FICDER.AL TRIBUNALS
It is only when the offense does not hap
pen to be within the purview of Federal
law that the Federal Courts are to try
and punish him. Under any other law,
then resort is to be had to the common
law as modified and changed by State leg
islation,so far as the same is not inconsistent
with the Constitution and laws of the Uni
ted States. So that over this vast domain
of criminal jurisprudence, provided by
each State for the protection of its own
citizens, and for the punishment of all per
sons who violate its criminal laws, Feder
al law, wherever it can be made to apply,
displaces State law.
The question here naturally arises, from
what sonrse Congress derives the power
to transfer to Federal tribunals certain
classes of cases embraced in this section I"
The Constitution expressly declares that
the judicial power of the United States
shall extend to all cases in law and equity
arising under this Constitution, that laws
of the United States, and treaties made
or which shall be made under authority;
to all cases .affecting ambassadors, other
public ministers, and consuls; to all cases
of admiralty and maritime jurisdiction; to
controversies to which the United States
shall be a party; to controversies between
two or more States; between a State and
citizens of another State; between citizens
of the same State claiming land under
grants of different States; aird between a
State, or the citizens thereof, and foreign
St4tas, citizens or subjects.
Here the judicial power of the United
States is expressly set forth and defined,
and the act of September 24th, 1789, es
tablishing the judicial courts of the ITCI
- St.ves, in conferring upon the Federal
courts jiirisdiction over cases originatiag
in State tribunals, is careful to confine
them to the classes enumerated in the
aboVe recited clause of the Constitution.
This section of the bil undtnbtedly com
prehends cases and authorizes the exer
cise of powers .that are not, by the Con
stitution, within the jurisdiction of the
courts of the United States. To transfer
them to those courts would be an exer
cise of aqthority well calculated to excite
distrustitind alarm on the part of all the
States, eor the bill applies alike to all of
them, as well to those that have as to
those that have not been engaged in re
bellion. It may be assumed that this au
thority is incident to the power granted
to Congfess by the Constitution, as re
cently amended, to-enforce,' by appropri
ate legislation, the article declaring that
neither slavery nor involuntary servitude,
except as a punishment for crime, where
of the party shall have been duly convic
ted, shall exist within the United States,
or any place subject to their jurisdiction.
It cannot, however, be justly claimed.
that, with a view to the enforcement of
this arCcla of the Constitution, there is at
present any necessity for the exercise of
all the powers which this bill confers.
Slavery has been abolished, and at pres
ent nowhere exists within the jurisdiction
of the United States, nor has there been,
nor is it likely there will 'be, any attempt
to renew it by the people of the States.
If, however, any such attempt shall be
made, it will become the duty of the Gen
eral Government to exercise .any and all
incidental powers necessary and proper to
maintain inviolate the great. law of free
dom.
OFFICERS.
The fourth section of the bill provides
that officers and agents of the Freedmen's
Bureau shall be empowered to make ar
rests, and also that other officers may be
specially commissioned for that purpose
by the President of the United States.
It also authorizes circuit courts of the
United States and the superior courts of
the Territories, to appoint, without limi
tation' commissioners, who are to be charg
ed with the performance of quasi judicial
duties.
The fifth section empowers the commis
sioners, so to be selected by the Courts,
to appoint in writing under their hands,
one or more suitable persons, from time
to time, to execute - warrants and other
prosecutions desired by the bill. These
numerous official agents aro made to con
stitute a sort of police in addition to the
military, and are authorized to summons
a poste eomitatuß, and even to call to their
aid such portions of the land and naval
forces of the United States, or of the mi
litia, as may be necessary to the perform
ance of the duty with which they aro
charged. This extraordinary power is
to be conferred upon agents irresponsi
ble to the Government, and to the peo
ple to whose number the discretion of the
commissioners is the only limit, and in
whose hands such authority might be
made a terrible engine of wrong, oppres
sion and fraud.
OUB LAND AND NAVAL FORCES.
The general statutes regulating the
land and naval forces of the United:states,
the militia, and the execution of the laws,
are believ ed to be adequate: , for every
emergency which can occur in time of
peace. lilt should prove otherwise Con
gress can at' any time amend those laws,
in such a manner as, while subserving the
public welfare, not to jeopardize the
rights, interests and liberties of the peo
ple.
rXQUITANT PEEL
The seventh section provides that a fee
of ten dollars shall be paid to each commis
sioner in every case brought before him,
and a fee of five dollars to his deputy or
deputies for each person he or they may
arrest and take before any such commis
sioner, with such other fees as may be
deemed reasonable by such commisainer
in general for performing such other duties
as may be required in the premises. All
these fees are to be paid out of the Treas
ury of the United States, whether there is
a conviction or not; but in case of convic
tion they are to be recoverable from the
defendant. It seems to me that under the
influence of such temptation bad men
might convert any law, however benefi
cent, into an instrument of persecution
and fraud.
MIGRATION OF OFFICERS
By the eighth section of the bill, the T.T.
States Courts, which sit only in one place
for white citizens, must migrate, the mar
shal and district attorney, and necessarily
the clerk, although he is not mentioned,
to any part of the district, upon the order
of the President, and there hold a• court,
for the purpose of the more speedy arrest
and trial of persons charged with a viola
tion of this act; and there the judge and
the officers of the Court must remain, on
the order of the President, for the time
designated. The ninth section authorizes
the President; or such person as he may
empower for that purpose, to employ
such part of the land or naval forces of the
United States, or of the militia, as shall
be necessary to prevent the violation and
enforce the due execution of this act.
This language seems to imply an import
ant. military force, that is always to be at
hand, and whose only business is to be the
the enforcement of this measure over the
vast region where it is intended to-oper
,ate.
ITS EVIL EFFECTS.
I do not propose to consider the policy
of this bill. To me the details of the bill
are fraught with evil. The white race and
the black race of the South have hitherto
lived together under the relation of mas
ter and slave—capital owning labor. Now
suddenly, that relation is changed; and
as to ownership, capital
. and labor lire di
vorced. They stand now each master of
itself, in this new relation one being
necessary to the other.
NEW ADJUSTDIMM
There will be a new adjustment, which
both are deeply interested in making har
monious. Each ,hasequal power in ises
tling the forms, and if left to the laws that
regulate capital and labor,it is confidently
believed that they will satisfactorily work
out the problem. Capital, it is true, has
more intelligence, bat labor is never so
ignorant as not to know its • own value,
and not to see that capital must pay that
value.
This bill frustrates this adjustment ; it
intervenes betwen capital and labor, and
attempts to settle questions of political e
conomy through the agency of numerous
officials, whose interest it will be to fer
ment discord between the two races.So
far as the breach widens their employment
will continue • and when it, is closed their
occupation will terminate. In all our his
tory, in all our experience, as a people
living under Federal and State law, no
such system as that contemplated by the
details of this bill bas ever before been
proposed or adopted to establish for the
security of the colored race safeguards
which go infinitely beyond any that the
General Government has ever provided for
the white race. In fact, the distinction of
race and color is by the bill made to oper
ate in favor of the colored and against the
white race.
MUNICIPAL LEGISLATION
They interfere with the municipal legis
lation of the States, with the relations ex
isting exclusively between a State and its
citizens, or between inhabitants of the
same State,—an absorption and assump
tion of power by the-General Government
which, if ac9uiesced in, must sap or destroy
our federative system Cf . limited powers,
and break down the barriers which pre
serve the rights of the States. It is ano
ther step or rather stride towarde central
ization, and the concentration of all legis
lative power in the National Government.
The tendency of the bill must be to resus
citate the spirit of rebellion, and to arrest,
the progress of those influences which are
more closelydrawing around the ,States
the bands of union and peace.
SLAVERY ABOLISHED
My-lamented predecessor, in his procla
mation of the Ist of January, 1863, Ord
ered and declared that all persons held as
slaves within certain States
,and parts of
States, therein designated were and thence
forward should be free ; and furthe r, that
the Executive Government of the United
States,. including the military and naval
authorities thereof, would recognize and
maintain the freedom °fetich persons. The
guaranty has been rendered especially ob
ligatory and sacred by the amendment of
the Constitution hbolishing slavery throt
out the United States. I 'therefore fully
recognize the obligation. to protect and
defend that class of our people' whetieVee
and wherever It shall become necessary,'
and to thefull extent coin patible, with the
Constitution of.the U nitedd . States.
.1441 Mi. ritERWEN.
;Entertaining these sentiments, it. oply,
remains for me to bay that! will cheerfully
i VOLUME XXIII, NUMBER 14.
co-operate's/Ith Congress in any measure
that may be necessary for the promotion
of the civil rights of the freedmen, as well
as those of all other classes oPpersons
throughout the United States by judicial
process, under equal and impartial laws,
in conformity with the provisions of the
Federal Constitution. I now return the
bill to the Senate, and regret that in con
sidering the bills and joint resolutions,
forty-two in number, which have been
thus far submitted for my approval, I am
compelled to withhold my assent from a
second measure that has • received the
sanction of both Houses of Congress.
ANDREW JOHNSON.
Washington, D. C., Marchl7, 1866.
Owing to its great length we are una
ble to lay before our readers the lengthy
and able speech of Senator Backalew,
which was delivered in the Senate on the
21st ult., upon the representation amend
ment to the Constitution. Mr. B. covers
the whole ground upon the questions of
representation, reconstruction, and amend
ments to the Constitution, in the most lu
cid, exhaustive statesmanlike manner. The
speech will prove a most valuable contri
bution to Democratic literature. We
may allude to one feature of it, not here
tofoie touched upon in Congress, which
will be found both novel and startling,
viz—the preponderance of political power
wielded by the New England States.
According to the census of 1860 the six
New England States, represented in the
Senate by twelve members, had a popula
tion of 3,135,283—the ratio being 261,273
i inhabitants for one Senator. The eigh
teen Central and Western States, (inclu
ding West Virginia,) with thirty six Sen
ators, had a population of 19,259,129
liatio 534,976. The eleven Southern
States, with twenty two Senators, had
8,753,634 inhabitants—the ratio being
397,892. The total population of the
i country was 31,148,064—making the corn
, mon ratio 444,972. Thus the ratio for a
Senator stands as follows:
For the New England States 261,273
For Central and Western States 534,976
For Southern States 34892
Common ratio
Deducting the New England ratio from
the common ratio, a deficiency of 183,699
inhabitants upon each Senator, is shown
in the case of that section; and, upon ;her
twelve Senators, the deficiency amounts
to 2,209,388 ! In other words, New
England has a representation in the Sen
atefor nearly two and a quarter million
persons who are actually located in the
Cectiral and Western States !
The inequality of representation is fur
ther shown by comparing the population
of several States, as follows :
Population of .the sit New Eog-
land States 3,135,283
Population of Pennsylvania, 2;906,215
Population of New York, 3,880,735
And yet New York, with a population
greater than the whole six Yankee States,
has but two Senators to New England's
twelve! Pennsylvania, with nearly an
equal population, bears the same inequal
ity !
We have not space to follow Mr. Buck
alew in his argument and deductions
from these facts, but we hope our readers
will not fail to peruse that portion of his
speech carefully. It furnishes much food
for thought, and shows how, with that
great inequality prevailing, New England
has ruled the Senate branch of legislation
for years—monopolizing „ not only the
chairmanship of the body but the chair
manships and power of the standing com
mittees. The other portions of this great
speech are equally interesting, lucid and
effective; and, taken as a whole, our Sen•
ator has in it made ample amends for his
previous reticence. One such speech is
worth a session of"cross fire." Let it be
read and circulated.
Some thirty five years ago, St., Peter's
Church in Bainbridge needing'a bell, the
members of that church' and others raised
a portiOn of the amount required for the
purpose, and sent: Hon. John C. Clark and
Capt. John Newton, then of their village,
and active men of the society, to Troy to
make the purchase. While on . the way
they came across Hon.', John G. MoDow
' ell, of Chemung county, and then a State
Senator, and casually made known ,to him
their errand, and that they had not funds
enough to make payment in fall. With
characteristic 'liberality, Judge McDow
ell tendered:them the amount needed, ex
acting only, the promise 'that the bell
should be tolled when be should pass
away. ,
The bell was bought, elevated into its
'place in the tower of St... Peter's, and hung
there for all. of these years, calling wor
shippers to church, and communicants to
-the sacrament, and ringing, merry peals
for merry weddings ; it his tolled for the
dead, and 'tolled again 'at their burial.
And so •years ' , have passed, until a few
weelth;ago, when Judge McDowell him
self-pussed ,away v and the old bell which
had, told, or many deaths of those who
baa' gither'ed . atits bidding; and'*b6 lire
laid to rest within sound of its own echo
ings, tolled out mournfully and slow, as
it spoke ,nl_his death, who bad ,aided in
as.e
its parob, 04 who p 97 Pleepithislatft,
s l eep Agem pg, the , vallcys and bills,nthis.
,distant home.--ChMOP'rek-37444.
Senator Bnckalew's Speech.
A RighteonaDebt Paid in Full.
444,972