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TrODAY, SEPTEMBER 12, 1865.
THE NEWS.
of the Washington news which reaches
wsy of New York is incorrect. Oar
.;,,:!)0 from Washington, last night, .Stilto
sh. Cutter was net, ae the New York de
-71
of the 10th stated, appointed treasury
t ' st New Orleans, vice Flanders removed.
vater was for a 'time only placed in
of Texas and a portion of Mr: Flanders'
'„ey 7-' ;but Ms operations are DOW Confined
",,eionthern half of Texas, and Mr. Flanders
:retuned charge of the entire territory
prising the third special treasury agency.
,oltnne on the eighth census, now being
~,Jed at the General Land and Census
evhibits the nuniber.of 13064-binding es
':lintents in New tagiand in 1060—there
Theinumber of hands employed was
,•:Acc, and 8118 females, at a yearly compere
,;,, in the aggregate, amounting to MOMS ;
~t g for material, ,•:•e3n.952; capital invested,
. The.annual yield of products amount
.
~,tylvanis furnished to the army, from
1061, to April 30th, 1805, three hun
lual sixty-one thousand nine hundred
;:birly-nine men, and this without refer
-10 priority of service, which varied from
, ie I nonthS to three years. Pennsylvania
More men and suitcred more
the late war than any other Northern
of t he Union.
littainoros Monitor, of a recent date,
correspondence between General Mejia
~.,cnoral Steele. General Niejla complains
:120ttinas bad fired upon a number Of Inb.
:ilists while on their way to Texas. Gene- .
.teele replies that he regrets this violation
:Ile international law, and that it was con
.r to his express orders, but states that
tutor:int him Of a Similar outrage
-.milted by General Mejin's men.
01 >tain J. B. Jones, of the lith United States
'a]ny, arrived in Washington yesterday
Augusta, Ga. The captain brought with
fl; eler en hundred pounds of gold and silver
::on. and also a small amount of coin, of
: , ,, f ,,,,gregate value of $200,000. This money
received by the treasury agent, and is
700.1 to be a portion of the spoil cap
J, from Jeff Darts.
..:citionritle, Florida, is greatly improving.
railroad to St. Marks is in operation, and
11111.9 are regularly running to New York
New Orleans. Great quantities of cotton
~:ty arrive from the interior. The election
d e legates to the State Convention takes
,Ice en the 10th by order of Governor lklarvire
Advice.. from South Carolina state that the
-coon of delegates to the State Constitu-
Assembly on Tuesday passed oil with-
Znstarbance. The majority of those elect-
Conservatives. Wade Hampton and
oincers of the rebel army have been re
by a large majority.
!!2iie has gloriously followed in the foot-.
of Vermont, by electing her Union State
iet by a Majority of liftcen or twenty thou
-I,i. The returns which have. been re
:yea are very meagre, but still they are full
, yrh to warrant us in the assertion that her
ezjut Union Governor has been re-elected.
virginian nameirralmer, who was depu
[.a in invite President Johnson to Rich-
Ad,7,ivei an enthusiastic accemint Of his in.
view with the Executive. He thinks ilia.,
Prehlent will temper mercy with justice:_
he South comes up to his requiOnents
to,toration policy.
A. Wise, in his letter to GonsFtaitt,
itc was in favor of eraancipatißli. "long
e the end of the war," instead of - ; 4 ' long
'!re the war,' as the neWspaperT North
:.tetl it, The Richmond papers make this
Teetion,
..ma. M. Lyle was, last evening, re-elected
!ef Engineer of the Fire Department of
•
city. There was not much contest for the
The firemen who supported tdt
st quite jubilant iast, evening. .),
merday, the Railroad Commissioners met
Norwich, Connecticut, to investigate tile
ent accident on the New London and North
. Railroad. They adjourned to Some future
s, without arriving at any decision.
file correct version of the difficulty be.
Teen Governor Sharkey and General Slocum
:ative to the organization of the militia of
.ehate of Mississippi, will be found in our
hp , llingtou despatches..
- nendent Johnson yesterday received a
(I , .:gation of Southerners, representing seven
::[rent States. The speeches made on the
t•.;:eAon will be found in our Washington
I:••patclies.
ne National Telegraphic 'Union met in Chi
yesterday. No business of importance
transacted. All the Northern States were
resented.
is reported and believed that General
ma has tendered his resignation in conse
nee the President having indorsed Gov.
zkeps action.
ort Smith, Ark., advices say that the In
%t• there refused to treat with the Govern
but, instead, offered to refer all our
•.rivment propositions to their councils,
:,ewhere will be found a special despatch
ur an account of a novel and quite inte
:nw scene which occurred at the Executive
ion a few days since.
cretary Seward and family visited Rich
.,l on Sunday. They were shownthe points
interes.t by General Terry and others.
tquaan R. Beardsley has been appointed
iAant Justice of the Supreme Court of Ver
lA, vice Asa 0. Allis.
(:.ITerson Davis has not been removed from
casemate to Carroll Hall, as reported, but
expected that he shortly will be.
moot and Company, of Washington, have
`ei ved authority to start a national Dank at
scithurg, Va.
The Jackson, Mississippi, News preclieth that
Colored troops will shortly he marched
of that State.
7 tlui C, Drevkiuridge arrived in Quebec yes.
morning. He was to nave gone to
'..ntreal in the afternoon.
Me•»s. Patterson and Fowler, Senators from
Ifnei , see, are now in Washington.
JlLinee Wayne is in exceedingly feeble
ricnr was dull yesterday, the difference in
e views of buyers and sellers limiting opera.
Wheat is unchanged. Corn and Oats
I:s'e declined. Cotton is rather firmer. In
I. l, :trisions there is no change to notice. Whis
k: 1. , : dull at former _wales.
• Beef cattle are
t:Te active this week, and prices are bettor
head arrived and sold at from Il@l7o VI lb,
quality. Sheep are also better; 8,000 head
at 7@7 1 /.'c R IN gross, for good fat Sheep,
head for stock - Sheep. Hogs are in
:t':nand at full prices ; 1,400 sold at from $10,50
the 100 its net.
ETTER FROM " OC CA SIONAL.”
WASHINGTON, Sept. 11, 1865.
The deliberate refusal of the New York
Lonocrats, in their State convention, to
Lake opposition to negro suffrage one of
6sues of the day, is worth a good deal
a rebuke to those mere politicians who
L , ve attempted to make this rallying
at the Corning elections. In New York
I :adreds of colored people vote upon a pro
l'lty qualification, and it would have been
I . , relly consistent for the Democratic mane-
PIE , , in their aspirations for a new gospel, and
ba their anxiety to get rid of the putrid Cop
lerhead corpses to which they have been
tied, to make hostility to a law which has
v • l ' r lied well in their own State, a plank in
bet they intended to be a national plat
/Wm. I have seen a number of Southern
leaders who have expressed their willingness
Ir, adopt the New York statute in regard to
: , -!fireel suffrage in their new constitutions,
` l ' . ft Pledge of their sincere desire to come
111 lb the expectations of the earnest
4. tn of the times. This point did
escape the shrewd men who had
of that convention, nor yet were
L ' ( :.Y blind to • the other fact that
toegress will be compelled, before the
1 ' 1t congressional apportionment, to take
z!;.11 steps as will prevent the party maim
ofthe Southern States from representing
entire black population instead of three
rink, as heretofore. General Schenck, in
late speech in Ohio, states the case with
El- , much clearness, that I adopt his lan
-sA!ege, to show how wise were the Demo- -
tiatg of New York in avoiding a committal
h j g" 111 %1 what may, by the sheerest exigency,
i
i6r eed upon the people of the country :
Let es look into this matter, and I especial.-
the attention of any Democrats who
Is k present, for I want them to answer
Tlii l!er there is anything anti-Democratie or
D r ,V , enublicatt in this proposition. By the
eut three-fifths rule, supposing the slaves
•/I to remain in bondage, the following were
-5 of the results:
Maine, by the census of 1860, had a popuia
t,4 of (taxa, and this population was allowed
e representatives.
I:;ahtima bad a population of 516,431, just
t.:rio less than Maine, bat she was allowed,
I ,:',:•!rr the three-fifths rule, seven members—two
/e than Maine.
;, ` . .errnont had a population of 314,389 upon
. she was allowed three representatives.
„,"South Carolina had a population of 291,385
less than Vermont, and upon that, be
or the large number tives—twice as of her slaves', she
owed six representa many
ir,?,,(rln Ont population, though Vermont has the greatest
t. ,,„teinte .
: , 1 4= ,,,Isylvania, with a population Of 2,849,260,
twenty-four representatives: while
` , a Carolina, South Carolina, Georgia, Ala-
VOL. 9.-NO. 37.
barna, Florida, Mississippi, and Louisiana, all
combined, have an aggregate Tree population
of 2,822,785-10,000 less than Pennsylvania alone
—and zmt they are allowed thirty-nine repro
sentatives—fliteen more than the. same popu
lation in a free State.
"But let the Constitution of the United States
- stand unclianged, slavery being extinguished,
and what will follow? Why, that the other
two-fifths wilibe represented, and how many
of these arc there in the slave States?' 1,580,212
more will be represented, when you come to
add the other two-fifths. This will give to the
South, in addition to the great advantage she
already has, fourteen more votes in Congress.
Then the Southern States I have mentioned in
connection with Pennsylvania:will have fifty:.
votes in Congress, to her twenty-four, while'
haying only the same voting population.
"By the . adoption of the amendment to the
Constitution that I propose, it is true that it
may become a question with the people of
Ohio whether they will, in case the south en
franchises its black population in order to get
a representation for them, do the same for the
colored people. For myself, I am willing to
meet the South on this ground. If they can
afford to give the ballot to their millions,
surely we can afford to give it to our thou
sands.
"But this is a question for the future, and I
shall not discuss 4 .t now, Let us amend the
Constitution so as to make it to the interest of
the Southern States to have their negroes
vote, if they think proper. In the process of
time as the negroes become educated and
fitted for the right of suffrage, if they wish to
widen their representation by giving them the
right to vote, well and good. But, until they
do that, they must stead where they do in re
gard to representation.
"This is the platform upon whichl propose
to stand. I shall not ..disbuss the question
whether we shall force upon the rebel States
negro suffrage. I will not discuss the question
whether we shall allow them to vote in any of
the States. I would simply so amend the Con
stitution in favor of freedom and in favor of
equal representation, as that these people
shall see at to their interest to let every Intel,
ligent lover of freedom vote, and give them
the privilege of so doing if they choose."
In the face of such figures and facts as
these, how ridiculous it would be to attempt
to rally an intelligent and progressive peo
ple,_whose minds are directed to the discus
sion. of immortal truths, and to the clis
coveryof proper remedies for great compli
cations, on such a subterfuge as opposition
to colored Suffrage OCCASIONAL.
WASHINGTON.
mportant Conference between the President
and Delegations of southerners.
THE LATTER AVER IT TO BE THEIR PURPOSE TO
EARNESTLY SUPPORT HIM,
THEY BELIEVE HIS POLICY WOULD BE
SUSTAINED BY THE SOUTH
The Executive Expresses himself Gratified at hvi•
deuces or an Early Restoration.
He Trusts the South will Elect none but
Loyal Men to CongroLit,
THE TRUE VERSION BETWEEN GOVERNOR
SHARK.Ey AND GEN. SLOCUM.
(Special Despatches to The Press.)
WASHINGTON, September 11, 1865
nen_ Frederick P. Stanton-
This eminent gentleman, partner ana coin
patriot of lion. ROIVISAT J. WAl.itss., left for
Cincinnati last night, to argue a great case
hire the Superior Court there.
National Banks South.
All the national banks South are proving to
be flourishing institutions. SMOOT and Com
pany have obtained authority to start one
-at the great cotton depot, Lynchburg,
Tennessee.
The two Senators from Tennessee, Idessrs.
PATTERSON and Fowrant, are now in Washing
ton. Their loyalty is of the ANDS: Jamison .
metal—sharp, decisive, and conscient.ions.
Justice Wayne.
The health of this eminent jurist, one of
General JAcitscoos earliest appointments to
the Bench of the Supreme Court, is exceeding
ly feeble.
A, Pardon for a Pistol..
A few days ago a very interesting scene took
place at the usual crowded reception of the
President. Applicants were approaching Mr.
.Tonnsox, each with his case ready; after
briefly stating which, and a record being made
of it by the private secretary, way was made
for others. In the line was Mr. BANNS, an
enterprising young merchant of New York,
and his friend Mr. KNKVAN, of Petersburg, a
leading miller, who applied for pardons
coming as he did within the twenty-thou
sand dollar or thirteenth clause of the
amnesty proclamation. As soon as the Presi
dent saw Mr. Halms he recognized him, asked
him his business, and hearing that it was to
ask a pardon foi f Mr. Xsr.v.Au, he took a note of
it, and told him, smilingly, lie would hear
from him in the mornings The reason why
the President recognized the young New
Yorker is best explained by the follow.
ing short narrative : In April of 1861, after
the Senate of the United States had. ad
journed, Mr. BANKS was going from Wash
ington to the South, on the railroad
running by Gordonsville and Petersburg.
At his side was a very pleasant person,
who conversed freely on the different topics
of the hour, and finally asked him to change
a $2.50 gold piece, which he did. When the cars
stopped at Gordonsville there was a great
and excited crowd assembled. They at once
demanded, and sent some of their number into
the train to see, "whether ANDY JOUNRON was
on board 1" "Lets hear from him !" "Drag
him out!" At this moment the gentleman
at the side of Mr. BANKS rose, and was
Walking* to the platform to show himself,
when the engineer started the train and
dashed off at his best speed. Ills companion
was Annanw Jomisoui -As he took his seat,
Mr.BANKS asked him where he was going. He
„said, "To my home at Greenville, Tenn." "I
am glad we got off from those gentlemen, Go
vernor," said RA - Bas. "I am sorry," said
Jouxso . ,,;; "I wanted to tell them what I
thought of secession." Mr. TLlNics then asked
the Governor if he was armed. The reply
wal in the negative; when the New Yorker
handed one of his finc,reyolvers to the Tennes-
see Senator, and they soon afterwards parted
to meet a few days ago in the Presidential
mansion. BANKS has his gold piece to this day.
The nest morning he was sent for, and as the
President met him he said, "I have often
thought of you, Mr. BANKS. You gave me a
pistol that might have saved my life. • I now
give your friend, KEIWAN, apardon to start him
in business."
internal Revenue Receipts.
The internal revenue receipts for the week
past are $13,000,090.
(By Associated Press.]
More of Jeff Davis , Gold Recovered.
. . .
Captain J.ll. JONES, Of the lOth United States
Infantry arrived here to-day from Augusta,
Ga., by the way of New York, bringing with
him eleven hundred pounds of gold and silver
bullion, with a small amount of coin,of the
aggregate value of perhaps stloo,lX// This
wealth was recovered by the Treasury agent,
and is said to be a part of the spoils captured
front JEPTiiRSON Davis. Captain. JONES has
delivered the money to the Treasurer of the
United States.
A New York Statement Denied, etc.
The telegraphic statement from New York,
- under date of the 10th instant, that Mr. Cutter
hue been appointed treasury agent at New
Orleans, vice Flanders, removed, is ineosteet.
Mr. Cutter was placed temporarily in charge
of the State of Texas and a portion of Mr.
Dander's agency, but his operations are now
COnfined to the southern half of Texas, and
Mr. Flanders resumes charge of the entire
territory, composing the third special trea
sury agency.
Speech of the Preshtlent to a Delega
Hon of Southerners.
To-clay a delegation of Southerners, retire•
renting seven States—Georgia, Alabama, Mis
sissippi, Florida, Arkansas, Virginia, and Ten
nessee—and numbering between fifty and silty
persons, called upon the President of the
United States.
Hon. W. 11. MCFARLAND, Of Virginia, ad
dressed him on behalf of the visitors. It be
came his agreeable and pleasant duty to
Say that they desired to assure him of
their personal regard and their confidence
in his purpose to administer the Govern
ment upon the highest principles of wisdom
and mature statesmanship. They were confi
dent that his policy would be earnestly sus
tained by the entire South, and that devotion
to the Union and free institutions would over
charaeterize all their pOlitleal and personal
acts ; and it was their purpose ever cheerfully
and earnestly to support him and his admin
iWation of the general Government ; and in
making this pledge, as gentlemen, they had a
right to demand full credence for their sin
cerity,
Mr. McFamazin elaborated their views, con
cluding with thanks to the President for his
Patient attention and disposition to give full
faith to the sincerity of those he represented.
Whatever" may be said to the contrary, the
purposes and object of the entire South, he
felt assured, was for restoration and peace
upon the basis of the Union Of the States.
REPLY OF THE. PRESIDENT
. .
The President, in reply, expressed his sur
prise at receiving so large a number of gen
tlemen from the South. He had no idea that
so many persons would call upon him when
be consented to this interview. He could not
command language sufficiently to express the
deep gratification he felt at the visit and
- - tt lio th h e ad pa j t u r s i t ot i i .e c r
the e d itilks of
. artie
spoke
e he of seal=erp hisan
te e edent position before the civil war., lie
had urged his Southern brethren to remain An
the Union; mid:there to contend for their con
stitntiOnartights, lie felt it was their only
mien , aiAprotection. -Ile had always been for
the reeognation of all the constitutional rights
of the slaylsowning Stateie and believed they
tuna have beeuppeserveteln the tinker if •the
issui3lutd been:made in theforum instead df in
the geld. Hephiinsetf r had been a slave
holder, but he: Mid made Up his , mind
that if the bane ' , over narrowed , „itself
down to. the question of Union and slavery
that:slavery must go and, the Union be saved.
He had confidence in the expression just ut
tered, of devotion ,to the restoration of the
union mini the professions of loyalty so gene-
Tally evideneed, and he was assured that the
disposition was to aid in building :alp the
waste places - of the South, and restoring
peace, happiness, good will, and union.
He did , riOt; believe the sensation letter-
Writers and' editors : who were endeavoring to
create theltliefirtinionAhat there exists in the
South disadVetien mid dissatisfaction; for the
presence ' of so many, eminent and distin
guished gentlemen, 'representing such a large
constituency, fully . disproved the fact, and
gave the lie to their pestilent and malignant
Utterances. lie had confidence in the profes
-91.011S of the people of the South, and of their
purpose to restore the Union upon the princi.
ples of the Constitution, and he hoped and
believed they were ready to come up and rally
around the Union and the Constitution.
The feud that existed was M a family circle,
and the ties of friendship, now that it had
ended, hetritated, would be stronger and more
enduring than ever. The MiSSiOn Of this great
people is a high and holy one, and in the
Union only could the purposes of itspeople
and free Government be administered. The
President referred to the existing condition
of public affairs and the gratifying and pa.
triotic evidences presented to him of an early
restoration of fraternity between the diffe.
rent sections of the Union, and the good to
follow this peaceful state of affairs; and in
conclusion expressed the hope that men
theroughly loyal would be elected to Congress
in order that the South might be again ad
mitted to the councils of the nation. The re
marks of President Johnson were frequently
interrupted byapplause, and all seemed highly
gratified by.the interview.
Mississippi—The Correspondence Be
tween the President and Governor
Sharkey.
The following is a correct version of the cor
respondence between the President and Gov.
SHARKEY, of Mississippi :
On the 19th uit. Governor SHARMEV issued a
proclamation calling on the people of the
State to organize, under the militia laws of
the State in each county, a force to detect and
apprehend criminals and to prevent crime.
The President saw this proclamation, and it
is snlVOSed, approved it, us he issued no or
(ler countermanding it.
Upon the 2Dth of August the President re
eeived a despatch from Cnnt, ScHenz express
ing fears of the propriety of Governor SHARE:-
M -7 1j course and deprecating any Winn by the
President adverse to the order issued lly Ala.;
jor General SLommt, the department com
mander. .
The President, under date of August 30th, te
legraphed to Mr. SCHURZ, as follows
ti I presume General Slocum will issue no
order interfering with Governor Sharkeyls
efforts to restore the functions of the State,
without first consulting the Government, and
giving the reasons for such proposed interfe
rence. It is believed there can be organized,
in each county, a force of citizens or militia
to suppress crime, restore order and enforce
the Civil authority of the State and of the
United States, which would enable the Federal
Government to reduce the army, and with
draw, to a great extent, the forces from the
States, thereby reducing the enormous
expenses of the Government. If there- was
any danger from au organization of the citi
zens for thepurpose indicated, the military
are there to suppress, on the first appearance,
any movement insurrectionary in its charac
ter. One great object is to induce the people
to come forward in the defence of the State
and Federal Government. General Washington
declared that the peOple, or the militia, Was
the army of the Constitution, or the army of
the - United States; and as soon as it is
practicable the original design of the Got,ern
ment should be resumed, under the principles
of the great charter of freedom handed down
to the people by the founders of the Republic.
The people must be trusted with their Go
vernment, and if trusted, my opinion is that
they will act in good faith, and restore their
former constitutional relations with all the
States comprising the Union.
"The main object of Major General Carl
Schurz's mission to the South Was to aid, as
much as practicable, in carrying out the poli
cy adopted by the Government, for restoring
the States to their former relations with the
Federal Government. It is hoped such aid has
been given,
The proclamation authorizing the restora
tion of State Government requires the mili
tary to aid the Provisional Governor in the
performance of , his duties, as prescribed in
the proclamation, and in no manner to inter
fere or throw impediments in the way of the
consummation of the object; of his appoint
ment at least without advising the Govern
ment of the intended interference.
ANDREW .Tounsoir,
President of the United States.
By direction of the President a copy ot this
was ordered to be given to Governor Sharkey.
On September 2 the President received a
despatch from Governor Sharkey, stating that
General Slocum had issued an order prevent
ing the execution of his proclamation of Au
gust 19, and acknowledging the receipt of the
copy of the despatch sent to General Schurz
on the 30th ult., which despatch Governor
Sharkey earnestly requested permission to
publish.
To this request the Preident replied, by
telegraph, as follows:
Alv despatch was not intended for publica
tion, but you can make such use of it as you
deem best."
On the same day the following despatch, was
sent to General SLocunr :
WAR ROPAATELENT,
WASHINGTON, D. C., Sept. 9,1865.
MOor General Slocum,
Upon the 19th of August Governor Sharkey
issued a proclamation, calling for the forma
tion of military companies in each county to
detect criminals, prevent crime, and preserve
good order in places whore the military forces'
of the United States were insufficient to de so.
if you have issued an order countermanding
this proclamation, or interfering
i with its exe
cution, you will at once revoke t. Acknow
ledge the receipt of this order, and telegraph
your action on it.
By order of the President of the United
States. J T. ECKERT,
Acting Secretary of War.
In this connection it is appropriate to refer
to the first paragraph of the order appended
to the prOchunation announcing the appoint
ment of a Provisional Glevernor for Ilis le.
sippi, which reads :
" And I do hereby direct that the military
commander of the department and all officers
and persons in the military and naval service,
aid and assist the said Provisional Governor
in carrying into effect this proclamation; and
they are enjoined to abstain from in any way
hindering, impeding or discouraging the loyal
people from the organization of a State Gov
ernment as herein authorized."
MAINE FOLLOWS VERMONT,
THE EI3ECTION HELD THERE YESTERDAY
THE UNION MAJORITY BETWEEN FIFTEEN
AND TWENTY THOUSAND
PORTLAND, Sept. 11.—The State election to
day passed off quietly. Up to this hour, 6
o'clock r. M., very few returns have been re
ceived, but they indicate that the State vote
will probably not exceed 75,000, against 112,000
Polled last year, and that the Republican ma
jority will be about 15,000, agaipt 19,000 last
v,
ears
The Official vote of Portland foots up as
follows:
For Governor, Cony (Republican) 1 711
Howard (Democrat).— ..... 708
Last year, Portland - gave Cony 2,708, and
Howard 1,786.
Vote this year. Vote last year.
Cony, R. Howard, D. Rep. Dem.
Ilattgor 888 97 1,668 791
11uth 794 177 945 334
Saco 987 308. .... . ....
111dileford 506 672 • • • • • ••••
Eastport 304 164 .... ....
Ellsworth.• • .... 588 163 • • •• • • ••
Seventy-three towns give Cony 17,24 e, and
Howard 9,318. Last year the vote Stood: For
Cony 22,510, and for Howard 15,87 e.
THE LATEST.
PORTLAND, Sent.ll—Midnight.—Returnsfrom
ninety-nine towns have been received which
gave, last year, an aggregate vote of 47,2*
while the aggregate vote of the State was 111,-
Ito. The following is the result ;
For Cony'....
For Howard
The Republican majority in these towns this
year ie 10,656 against 6,997 last year—a net gain
for the Republicans of 1,659, and a relative
gain of about 4,000.
The majority in the State last year, exclu
sive of the soldiers' vote, was 16,242. If the
same relative gain continues throughout the
State, the Republican majority will nearly
reach 20,000.
The aggregate vote of the State will, nearly
reach 80,000, of which Cony will have about
50,000, against 62,520, the vote lie received last
year, and Howard about 30,000, against 45,287
last year. These calculations are made exclu
sive of the soldiers' vote, which was last year,
Cony, 3,054, and Howard, 110, which swelled
Cony's majority to 19,180.
The IlepublieallB have made a gain in the
representatives, of which, however, they had
all but about thirty last year, with the entire
Senate.
FLORIDA.
4.Atirmorvitm ugruovme—A PROSPEROUS TOWN
NEW YORK, Sept. 11.—The Jacksonville, Fla.,
correspondence of the Savannah Herald says
that within the pastwonth that city has been
improved greatly, an business is prosperous.
The railroad to St. AVarks is in fail operation,
and two steamers eke run to New York, and
two to New Orleans. Large quantities of
cotton arrive daily from the interior. Gover
nor Marvin has ordered an election for dole
gates to the Convention on October Mth.
Sohn C. Breekinwidge in Canada.
. . .
QutasEc, Sept. IL—John C. Breckinridge ar
rived here this morning per the steamship
Hibernia. He will proceed to Montreal this
afternoon by rail.
PHILADELPHIA, TUESDAY, SEPTPAIBER 12, 1865.
TS TM OF wit
Counsel e Prisoner Desires More.
in Assertion that the PrOSCClltiOnTalli-,
pored with their Witnesses
Made and Denied.
THE LAWYER OF WIRZ IN A
General Wilson Gives a Description of
the Country in the Vicinity
of Andersonville.
HE THINKS THE REBELS COULD HAVE MADE OUR
MEN COMFORTABLE.
ite Denies that he had Promised Wirz a nafelietirrn.
if he would Slitreuder.
WASHINGTON, Sept. se—After the record of.
Settle - lay had been read, Mr. Baker brought toe
the attention of the commission a matter in
relation to witnesses for the defence, which ,
he thought it would be better to attend to at
this time. The Judge Advocate had sue , -
geeted to Min that it might be a subject
outside of his men authority, and, therefOrk.
properly belonging to the court. Some time.
before this trial commenced the gentlemem
who were then acting as the prisoner's; Min.'
sel requested that a number' of witnesses for
the defenee should be Sent for, and on their
apPliCation this was done. Some of them
could not be found; and others who were found
bad not reported. The reason for this ne
glect the counsel, of course, did not know.
Since 'the trial had been progressing. mat
ters were developed which showed the ne
cessity of other witnesses being sentinelled,
in order to meet new points brought out
in the trial. Those witnesses were scat
tered mostly in Georgia, and may be
found within a few days; but in some
places there were no mails or other means of
reaching them by written communications,
therefore, it was not probable they could be
reached by the time they were wanted to tes
tify in this court. Under these circumstances
it was for the Government to say whether the
defendant should have the facilities whieh the
Government could afford, or whether ho must
be deprived entirely of those witnesses. It was
an absolute necessity that the defendant
should have the witnesses in this way or not at
all. Counsel believedthis defenda,ntcould show
an ample defence. This was their sincere belief,
and it was for them to ask that the prisoner
have the means of making his defence. " Mena
bers of this court, if they could be induced to
believe the defendant had a defence, would re
fusel° give him an opportunity to make it."
He believedthis was the generosity of every
man's heart. If it was within the jurisdiction
Of this court, he asked that a messenger be
despatched with subponthe for such persons
whom he felt absolutely necessary to summon
for the defence of the accused.
The Judge Advocate had shown every dis
position to procure the attendance of wit
-
/leases, so far as making out subpoenas was
concerned, and so far as it was within the
means of the 'defence to give their names, at
bad been required by the Judge Advocate.
Sonic sixty or seventy were 'in New York.
After sifting them they came to the conclusion
that only seven or ten of them -would be re
quired. And now that the trial was approach
ing au ono, he repeated that the witnesses he
had asked for were absolutely necessary for
the prisoner's defence. They would not put
the Government to any unnecessary expense.
So far as relates to New York, Itichmond,and
in the neighborhood, the witnesses would be
Sent ler at the expense of the defence, but
further South, there being greater difficulties
and increased expenses, i became absolutely
necessary that the Government should grant
the accommodation in the manner requested.
He (Mr. Baker) would be ready with the list of
witnesses to-morrow, in order that the mes
senger Might leave at once.
Judge advocate Chipman replied that the
court were aware that from time to time lie
had urged that the rule be complied with,
namely, that a list of witnesses be furnished;
that had not been fully done, and this morning
the court was called upon to meet the request
of counsel, that another special messenger be
sent South. He said four weeks ago that one
would be despatched to secure Witnesses, more
for the defence than for the prosecution.
These for the latter were mainly here. At the
time the bailiff went to the old Capitol prison.,
and after the defendant had been furnished
with a copy of the charges and specifications
against him, a list of witnesses was made
out by the prisoner supervised by Messrs.
Hughes, Denver, and , Peek, at that time his
counsel, to which was attached this endorse.
mentby Capt. Wirt: "The above-named wit
nesses are all I require. in my case." r -Ally of
these - witnesses excepting four or five were
here ; their absence was accounted for by the
fact that several Fare in Europe, and the
others in Texas. He had only to say that
if in the progress of this trial it was be
lieved by the counsel for the defence that
additional witnesses were necessary, it was
only fair to the Government that the coun
sel should give a list of the witnesses, and
where they could be found ,• and also what they
expect to prove by them. He asked that there
be no delay and no unnecessary expeases to
the prosecution in this matter. The Govern
ment was trying to do what was fair. Witness
es south could be procured by telegraphing to
the nearest military posts. On Saturday he
subpcened forty witnesses for the defence, and
placed postage stamps in the envelopes for
mailing. As fast as counsel had furnished him
-with names of witnesses he had issued sub
pamas.. He did not know what more the Go.
vernment could do.
Mr. Baker said it might be well, in reply to
the suggestion of the Judge Advocate, to call
attention to the fact that many witnesses who
had been subpoenaed for the prosecution, had
been examined on the part of the Govern
ment, and sometimes witnesSee had com
plained that improper language had been
used to them to draw out of them something
for the prosecution. He hardly believed that
the Judge Advocate would attempt to use
the influence of the Government to frighten
or press out Of our witnesses anything
I for the prosecution, and he would not so
charg,e, but witnesses came here under very
peculiar circumstances. Many of them
feel it to be necessary to say and do all that
they can to leave a favorable impression with
the Government officers—to show their friend
ship or good feeling to the Government, -
nesses had remarked to him, when he asked
them how they would testify, "Why, do you
suppose I will leave anything undone to save
my befall" This, Mr. Baker said, without re
quiring any pressure on the part of the Go
vernment„would account fOr the witnesses
summoned for the defence appearing willing,
as the Judge Advocate said, to testify for the
prosecutor.
Mr. Baker, in conclusion, remarked that the
absence of the witnesses referred to necessi
tated the presence of others to fill their
places. With regard to the Judge Advocate'e
suggestion that he should make an affidavit
as to what he proposed to prove by these wit
nesses, he really could not do so for want of
time. The court would have to adjourn for a
week to enable him to do so, and unless he
could have this done the greater portion of
the defence must be given up. They could
have no defence unless they could have their
witnesses here,
The court, after deliberating with closed
doors, announced its decision relative to the
witnesses, namely S The defendant should pre
sent to the court affidavits to the names of the
several witnesses, the places of their resi
dence, and a reasonable ground that they can
be found; and secondly, the facts he expects
and believes he can prove by each of them.
From this the court may determine the mate
riality Of the evidence, and order the wit
nesses accordingly.
Mr. Baker said the court understood from
his remarks that with all the time counsel
could give to this subject, they could not, with
their other duties, now draw up separate affi
davits. He was willing, however to do any
thing in hiepower to give the prisoner: a fair
defence, and must from necessity, after the
prosecution has closed, ask for a few days, in
order to attend to what the court required,
even if he had to work day and night, so that
the subpoenas might be sent as soon as pee-
The court said that it would be better to
grant the time now than after a while, and not
when the prosecution is closed. That involved
time to make the affidavits, and to send a mes
senger to Georgia, Texas, and elsewhere.
Mr. Baker replied they had no witnesses be
yond New Orleans.
The court said they were disposed to grant
the time, but the question was whether they
should de so now cr after a while.
Mr. Baker suggested that if they waited till
after the prosecution was ended, many thiligs
will have been developed for which they could
provide in their Pummelling witnesses, but if
the court adjourned now counsel would lose a
great deal of time ; but after the prosecution
should close counsel must have time to rook
over what the Government witnesses have tes
tifled to, and if they had an opportunity they
could confine the witnesses for the defence to
particularpoints.
The court repeated that, an affidavit as to
what the prisoner proposed to prove must be
appended to the name of each witness, or the
prisoner could state his belief.
bir. Behar said the President of the court
being a lawyer, knew - that lawyers always
shaped the affidavits..
Major General Wallace. "And there are two
of von"
air. Baker. It is impossible to do so now.
General Bragg said the counsel must Dave
been apprises - I of the names of witnesses, and
what they would swear to, or else the applica
tion was made in bad faith. If the defendant
found out the names of the witnesses, all that
was necessary to be done was to consult with
the defendant, and draw out the facts which
he expected to prove by those whose names
he handed in this morning.
Mr. Baker replied that required time, and"
the court could give it to him by adjourning.
He must have time to know how to shape
things.
major General Thomas said this question
Was pretty well opened the first week ; he
knew it as well then as he did now. He kneW
what the defence would be, and it was too late
at this day to ask the court for further time.
Mr. Baker. I only askedsthe court to send a
courier. .
. The Court. You heard the rulifig.
Mr, Baker repeated what to his mind ap
peared the diftleul_ty in the Way.
General Brag. How long will it require you
to draw the WE( avits 1
Mr. Baker. Two or three days, working
steady, There are twenty or thirty witnesses.
I could state generally what we expect to
prove, and do this at the Judge Advocate's
office, with the aid of a reporter. This could
be done without an adjournment of the court.
The Court. Very we 1. The question is set
tled.
Judge Advocate Chipman requested that a
1865. 1864.
22,421 28,104
11,765 18,107
Wiinesses for the Defence.
PREDICAMENT.
`Portion of the remarks of the counsel be read,
reflecting upon 1 - d3nself and his associate, Ka•
jor Hosmer.
Mr. Baker said he - would not have the Judge
Advocate rest under' a wrong impression.
The official reporter then read the. excep
tionable words given in a former part of tins
report.
.Mr, Baker, There is no reflection there.
'
The Judge Advocate. The language tin•
proper, as It censures the Judge Advocate and
leaves a clear' inference that the counsel be
lieves that they, in the preliminary examine
-lion, used improper means to influence the
witnesses. i pronounce the whole thing false.
The preliminary examination was conducted
bj• Maj. Roamer and myself, and was made with
, all fairness and courtesy, and in the presence
of the officers of the court and reporters and
witnesses. Ido not recollect ofany such case;
and tam sure nothing Iniat occurred to justify
the ,remark; I propounce I ask
the *Mitt to order am- investigation , so • that
the comaseimay snstain his speech by prOftf,
and that the officer or officers found derelict
In the particular of acting unprofessionally
may be‘dealt with by this court. This is due
to the{Jilidge Advcicate.
liligin%:6eneral Thomas. We should know
the Ines of the witnesses referred to by the'
cou ,
Mr- 7 ker. I thought I was careffil in giving
the 1 " 'eas.ietiS of the witness' talk to me at
ter taking hold of my arm. I thought I. was
very* . reful not to leave any impression that
the Judge MiVoeste could be guilty of any
such thing. It may be enough for me to say
that I pave too high an opinion of the Judge
Advocate to believe that he did any such
thing Out when witnesses come here, they
feel they areunder these restraints which we
Cannot feel, because we are not in their posi
turns. Jz must let them go for what they are
worth. :l do not think the Judge Advdca - te is
guilty of this thing, and I want no such con
structioa put on my language.
Major en. Wallace. The language is equiva
lent to a charge, not only against the Judge
Advocate, but against some person connected
with the it.overnment; and if not made in the
form of a charge by the counsel, it comes at
least as an accusatory statement froth. wit
'nesses- 'lf the things stated' are true, it is cer
tainly in the power of (*tinsel to give ' the
names of witnesses.
Mr. Baiiet. I don't know them,
Major fieneral Wallace. It is necessary to
have an.investigation as to whether any im
properattempt has been made by persons be
longing to this court to influence witnesses in
their testimony. It is an impeachment direct
ly of the Judge• Advocate of the court, and an
impeachment direct of the government in
whose name this prosecution proceeds. For
my part I think-the motion of the Judge Advo
cate eminently proper.
the After
cou court
rear
Bragg , eiti conversation by
that,id m e h a ir
M o r t:
Baker made the. Charge, he was under obliga
tion to substantiate it.
Baker. You are a lawyer, and, therefore,
know whatthe usual courtesy is. I tholight I
guarcled.iny language very carefully.
Majoi .General Wallace. If ally officer hag
used any siinpreper means to influence wit
-1108563, yo9nav be sure he will be punished.
Iflr.Baker, I have at no time charged that
any officer -connected with this court is guilty
of ansuch thing.
Major General. Wallace. We understand you
then to retract.
. Mr. Baker. I retract any inference that the
dud ge.Advocate didany such thing,
Major General Wallace. Or anybody else
Mr. Baker. Why, surely I cannot take my
words back.
Judge Advocate. I Lope you will sustain
ti]em by proof.
Mr. Baker. I make no charges.
Judge Advocate Cllipluan, Certain journals
adverse to the Government have gatheredtup
just such charges against it and the court,
and unless the officers demand some proof
of the truth of the charges which have been
made here so flippantly, the Judge Advocate
must rest under the imputation. Unless the
counsel. should retract altogether, the court
should demand the proof.
Mr. Baker.' If the gentlemen can find the
charge,' let them do so.
Judge Advocate Chipman. You say improper
influences have been used.
- .
Air. Baker. The reporter has got what I said;
it
The i stl ee
Court
a u n r
t g . m# e u , o v i a -
n t h t ° t w o
k t n n e o s i
r e i s ilo the wit
nesses are.
Mr. Baker. How can I know? They take me
aside and tell me. There are no charges made.
I have denied any intention or thought of
making any charges.
Major General Wallace. We are to infer that
you used your language with otite. You must
have matured it.
Mr. Baker. By -reading my remarks it can be
seen how careful I was.
- bleier General Wallace. You cannot, then,
-give us the name Of a single witness?
Mr. Baker. - I 'know none of my own witnesses
excepting two or three.
. Judge Advocate Chipman. Suohremarks did
not come from any soldiers who had been at
Andersonville.
Mr. Baker repeated that the exceptionable
remarks had been made by a *ono° who
eg, , ught, him byllie arm. lie meant no disre
,epect by the refietition, but merely mentioned
them in illustration. '
Major General Geary. There are but 'two
classes of witnesses. To which did they be
long?
Mr. !Ilaker. I don't know; I did not ask
whether they were witnesses no not.
' Several other members of the court took
part in the conversation.
Major General Wallace. I suggest that the
court give until to-morrow morning to enable
the' counsel to furnish the name of the wit
ness.
Mr. Baker. If I can think of the name of the
witness I will.
Major General Wallace. If such language is
used it is proper you should call our attention
to it.
•Dir. Baker. HI can I will furnish the name.
Major General Wilson was then called to the
stand. He testified that he,was a captain of en
gineers and a major general of volunteers ;
lie had , been operating in Alabama and Geor
gia with a cavalry corps, in the military diVi-
Sion of the Mississippi; he WAS now stationed
at Macon; the rebels during the war drew
supplies from Central Alabama and Georgia,
which could have been sent in suffident sup - .
plies to Andersonville; there were ample
means of affording comforts at the prison,
which he examined on the Ist of July ; he saw
the remnants of only ten sheds ; the barracks
for the troops were fair ; shelters could easily
have been erected for our prisoners, as there
was plenty of timber in the neighborhood ;just
such a place as troops Would like to encamp
for wood. and water, if they wanted to winter ;
it would not have been necessary to transport
timber more than a mile ; there was plenty of
black labor in that country ; the difficulty was
in getting rid of the negroes ; thirty men a day
would have out wood enough for fifteen thou
sand men; in winter the allowance of wood in
our army is just double what it is in summer,
and therefore sixty men in one day could have
cut enough for fifteen thousand Men ; on his
arrival at Macon his first inquiry was
as to the condition of the Andersonville
prison, and who was responsible for it; he
sent two officers there, Lieutenant Vander
book and Captain (now major) Noyes; on
their return they reported that the man Wirz
was still there ; he immediately ordered Major
Noyes to return and arrest Captain Wirz,
which he did, and brought him to Macon, where
he was kept several days ; when Wirz was
brought before him he remanded him to pri
son, and requested that he be brought to trial;
no protection was ever granted to Capt. Wits
through General Wilson, who ordered his ar
rest for the purpose of brinring lum to trial,
and excepted him from the benefit of the ca
pitulation of Johnston to Sherman.
The witness gave a particular description.
of the grounds at the Andersonville
stating that the men had burrowed in the
ground for shelter, particularl on the hill
side. These holes wore about the size of the
ordinary shelter tents, holding two or four
men.
On the cross-examination he said he stepped
down into several of the excavations; lie saw
no tunnelling under the stockade; he wrote a
letter simply saying the man Wits had been
arrested, and that he believed him guilty of
the infliction of punishment on the prisoners
at Andersonville, and that the miscreant
should be brought to justice, in order that the
whole matter might be investigated; he wish
ed the court to understand that he had great
latitude as to power; he was there to do as he
pleased, and as the interests of the Govern
ment required; there were two hundred and
fifty Union prisoners at Andersonville when he
reached there; they were nothing but shadows,
Ala could not he moved without endangering
their lives ; many died after they were brought
into his lines.
By Major General Geary. Did you offer any
eafe'conduct for'Captain Wirs'S 'return'?
Answer. No ; except to protect him until I de
livered him into such hands as the Secretary
of War might direct; my officers said they had
risked their own lives to protect him, and but
for Major Noyes the
,post guards at Chatta
nooga would have killed him. -
Willis Van Buren was cross-examined, and
said he saw clothing sent by the Sanitary Com
iiiissionOn rebel soldiers.
George Welling testified as to the resources
of the country in and around Andersonville.
• Patrick Bradley related what he had seen at
Andersonville in the matter of cruelty.
John H. Fisher (negro) and Henry C. Lull
also testified regarding events in the same
locality.
The court then adjourned until to-morrow
morning.
FORTRESS MONROE.
Steamboat conioloo on the James River
—Jeff. Davis not yet Removed from
his Cell.
FORTRESS MONROE, Sept. 10.—The steamer
CreOle, Capt. Thompson, from Richmond,
bound to _New York, ran into the steamer
Thomas Collyer, at Norfolk, last night, carry
ing away part of the hurricane deck. The
damage is said to be 62,000.
General Torbert and staffare stopping at the
- National Hotel, Norfolk.
A marine from the frigate Constellation was
drowned last night, while attempting to swim
ashore with the intention of deserting.
Greble Lodge, I. 0. of 0. F. of Fortress Mon
roe, will attend the dedication Of the Wildey
Monument ,in Baltimore, on the 20th inst.
The United States frigate Macedonian has
arrived from Newport, It. 1., with boys for the
Naval Academy at Annapolis.
Jeff. Davis has not been removed from his
casemate . to Carroll Hall, as reported. HI
quarters are being prepared, and it is expect•
ed he will be an occupant of a room in Carroll
flail in a few days.
PIISSISSIPPI.
Reported Resign's - non of Gen. Slocum.
NEW ORLEANS, Sept.ll.—The steamers Guid
ing Star, 'Monterey, and George Washington;
from New York, have arrived here.
A special despateh from Jacksoll) Miss., to
the Times, says it is creditably rumored that
General Slocum has tendered his resignation,
in consequence of the President's endorse
ment of Governor Sharkey's action.
The .Prews predicts confidently that the co
lored troops will be marched out, of the State
for muster out or transfer to another locality.
An engine and one passenger car were preci
pitated down a high embankment near Clin
ton, Miss.. Fortunately no person was hurt.
The Railroad Accident on the New
London and Northern Railroad.
Noawicn, Conn., Sept.U.—The Railroad Con T.
missioners met at Montville to investigate the
late accident on the New Lendon and Northern
Railroad, between Norwich and New London,
but came to no deciaion, and adjourned to
some future day.
RECONSTRUCTION.
Hon. Thoddens SterenN on the Great
Topic of ilia Irootr4
. AN AMMESS DELIVERED To , THE' CITIZENS OF
LANCASTER, sEFT: 6,1865 e
1eF.1,1.011r4; ITIZ In compliance With your
request, I have come to give my vivers of the
present condition of the rebel States—ed the
proper mode of reorganizing the Govern
ment, and the future prospects of the Ifepnb-
DC. During the whole progress of'the - war,
never for a moment felt doubt or despOild.
eney. I knew that the loyal North would con
quer the rebel despOts who sought foliose - Y6y
freedom. But since that traitorous confedee
ration has been subdued, and we Have en- -
tered upon the work of "reconstrue - Pion" or
"restoration," > cannot deny that my hetet
has become sad at the gloomy prospeetS 'be
fore us.
Four years of Woody and expensive wee
wagee against the united States by el.v - hu.
etates, under a government Called the " Cons
federate States of America," to which they
acknowledged alleMance, have overthrown
all governments within those States whiter'
could be acknowledged as legitimate by the
Union. The armies of the Confederate Staters'
having been conquered' and subdued, and thoil , '
territory possessed by , the United States, it
becomes - necessary to establish governments
therein which shall be republican in form and
prinziples s and form. a 'more perfect Union"
with the parent government. It is desirable
that snob a course should! be pursued as to es
elude from those governments over vestige
of human bondage, and render the same for
ever impossible in this nation; and to take
care thatno principles of self-destruction shall '
be incorinnated. therein. In. effecting: this, it
is to be hoped that no provision of the Con
stitution' will iufringed, and no principle
of the law of nations disregfieded. Espetially
must we take care that in rebuking tele un
just and treasonable war, the. authorities of
the Unimrshallindulge in •nsencts of usiorpa
lion which may tend to impair the stability
and permanency of the nation, Within these
lieuitations, we hold - it to- be the duty oe Ille
Government to inflict condign punishment on
the rebel belligerents; and so weaken their
hands that they can never again endanger the
Union ; and so reform their municipal limit.
tutions as to make them- republican in. spirit
as welleie name;
We especially intern that the peoperty of the
chief rebels should be seizedand appropriated
to the payment of the national debt, caused
by the unjust and wicked war which , they en
stigeted.
Bow can such punishments be indicted and
such forfeitures produced without doinoyso_
lenee to established-prineiplea ?
Two positions have been suggested: .
First. Twotreat those States as never having
been out of the • Union. because the Constitu
tion forbids secession,. and, therefore; a duet
forbidden bylaw could not exist.
Second. To accept the position in which. they
placed theinselves as severed from the.-Union
an independent government ele facto ' and ar
alien enemy to be dealtwith according to the
laws of war.
It seems tome that while we Cionot averthat
the United States are bound to treat themem
an alien enemy; yet they haVe a right to Meet
so to do if it be for. tile - interest of the nation s ,.
and that the Confederate States are esteemed!
teem denying.that position. South Carolina,.
the leader and embodiment of the rebellion,
in the month of January, 1801, passed the fol
lowing resolution by the unanimous vote of
her Legislature •
Resolved, That the• Separation of South Carolina
from the Federal Union is final, and she has no far
ther interest In the Constitution of the United States
and that the oniv.appfopriate negotiations between
her and the Federal governmentare as to their mu
tual relations asforeta% States.
The eonventionthat formed the Government
Melte Confederate States, and all the eleven
States that composed it, adopted the Mlle de
claration, andpledged their lives and fortunes
to support it, That Government isaised large
armies, and by its formidable power compelled
the nations of the civilized world, as well as
our own Government, to acknowledge them. as
an independent belligerent, entitled by the
law of nations to be eonsidered as engaged in
a public war, andnotmerely in an insurrections
It is idle to deny that we treated them as a
belligerent, entitled to all the rights, and sub
ject to all theliabilities, of an alien enemy. We
blockaded their ports, which is an undoubted
belligerent right; ehe.extent of coast blockaded
marked the acteriowiedge(l eeteat of their ter.
ritory—a territory criminally acquired, but
de facto theirs.
We acknowledged their sea-rovers as pre
vateeers, and not aspirates, by ordering their
captive crews tObetreated as prisoners of war.
We acknowledged that a commission from
the Confederate Government was sufficient to
screen Semmes and his associates from the
fate of lawless buceaneers. Who but an ac
knowledged government de Jure or de facto
could have power to issue such a commission ?
The invaders of the loyal states were not
treated as outlaws, but as soldiers of war, be
cause they were commanded by officers holds
in g commissions from that Government. The
Confederate States were for four years what
they claimed to be—an alien enemy, in all
their rights and liabilities. To say they were
States under the protection of that ponstitu
tion wince they were rending, and within the
Union which they were assaulting with bloody
defeats, simply because they became belli
gerents through crime, is making theory over
rule fact to an absurd' degree. It will United sup
pose, at least be conceded that the
- States, if not obliged BO to do, have a right
to treat them as nn alien enemy now con
quered, and subject to all the liabilities of a
vanquished foe.
If we are also at liberty to treat them as
never having been out of the Union and that
their declarations and acts were all void, be
cause they contravened the Constitution, and
therefore they were never engaged in a public
war, but were merely insurgentslet us inquire
which position is beet for the United States.
If they have never been otherwise than States
in the Union, and we desire to try certain of
the leaders for treason, the Constitution re
quires that they should be indicted and tried
"by an impartial jury of the State and district
wherein the crime shall harebeen co»iinefed, which
district shalt have been preciously ascertained by
law."
The crime of treason can be committed only
where the ]person is actually or potentially
present. Jefferson Davis sitting in Richmond,
counselling, or advising:, or commanding . an
' inroad into Pennsylvania, has committed no
overt act in this State, and can be tried, if any
Where, only in the Richmond district. The
doctrine of constructive preeenee, and. con
structive treason. will never, I hope, pollute
our statutes or judicial decisions. Select an
impartial jury from Virginia, and it is obvious
that no conviction could ever lee had. Possibly
a jury might be packed to convict, but that
would not be an jury. It would
be judicial murder, and would rank in infamy
with the trial of Lord RusSell; except only
that the one was the murder of an innocent
man, the other of a traitor. The same difficul
ties would exist in attempting forfeitures,
which can, only follow conviction in States
protected by the Constitution ; and then it is
said only for the life of the malefaetor—COn
gross can pass no " bill of attainder,"
leer, under that theory, has Coress, much
. less the Executive e any power to interfere in
remodelling those States upon reconstruction.
What reconstruction is needed? Here are
States whish they say have never been out of
the Velem, and which are COnSequently now in
it Without asking leave of any one. They are
competent to send Senators and members to
Congress. The state of war has broken no con
stitutional ligaments, for it was only an insur
rection of individuals, not a public war :waged
by States. Such is the reasoning, notwithstand
ing every State actreliit its municipal capacity;
and the court in theenize cases (2 Black; (178)
say : "Hence in organizingithis rebellion they have
acted as States." It is no loose unorganized
rebellion having no defined boundary or pos
session. It has a boundary, marked by lines
Of bayonets, and which can De crossed only by e
force—south of this line is enemy's territory,
because it is claimed and held in possession
by an organized, hostile, and belligerent
power." 'What right has any one to direct a
convention to be held in a sovereign State of
this Union, to amend its constitution and pre
eeribe the imalideatiees of voters? The sove
reign power of the nation is lodged in Con
gress. Yet where is the warrant in the Con
stitution of such sovereign power, much less
the Executive, to intermeddle with the do
mestic institutions of a State, mould its laws,
and regulate the elective franchise? It would
be twin, dangerous, end deploy/Me usurpa
tion. In reconstruction, therefore, no reform
can be effected in the Southern States if they
have never left the Union, - But reformation
Must be effected; the foundation of their iastis
tutions, both political, municipal, and social,
roust be broken up and retaid, or all our blood
and treasure have been spent in vain, This
can only be done by treating and holding them
as a conquered people. Then all things which
we can desire to do follow with logical and le
gitimate authority. As conquered territory,
con cress would Bove full power to legislate
for ihem; for the Territories are not under the
Constitution except so far as the express
power to govern them is given to Congress.
They would be held in a territorial condition
until they are fit to form State constitutions,
republican in fact, not in form only, and ask
draissiOn into - the Union as new States.
If Congress approve of their constitutione,
and think they have done works meet for
repentance, they would be admitted as new
States. If their constitutions are not ap
proved of, they would be sent back, un
til they have become wise enough BO to
purge their old laws as to eradicate every
despotic and revolutionary principle—until
they shall have learned to venerate the De
claration of Independence. Ido not touch on
the question of negro sufirage. If in the
Union, the States have long ago regulated
that, and for the Central Government to
in
terfere with it would be mischievous fattier-.
tinence. If they are - to be admitted as new
States they must form their own constitution;
and no enabling act could dictate its terms.
Congress could prescribe the qualifications of
voters while a territory, or when proceeding
to calla convention to form a State Govern
ment. That is the extent of the power of Con
gress over the elective franchise, whether in
a territorial or State condition. The Presi
dent has not even this or any other power to
meddle in the subject, except by advice to
Congress—and they on territories, Congress,
to be sure, has some sort of compulsory power
by refusing the States admission until they
shall have complied with its wishes over this
subject. Whether those who have fought our
battles should all be allowed to vote, or only
those of a paler hue, I leave to be discussed in
the future when Congress can take legitbnete
cognizance of it.
if capital punishments of the most guilty
are deemed essential as examples, we have
seen that, on one theory, none of them can
be convicted On fair trials—the complicity of
the triers would defeat it ; but as a conquered
enemy they could not escape. Their trials
would take place by courts-martial. Ido not
think they could dhus be tried for treason ;
but they could .be tried as belligerents, who'
had forfeited their lives, according to the laws
of war, By Strict rights 'of war, as anciently
practiced, the - Victor held the Ilene, the liberty,
and the property of the vanquished at his
disposal. The taking of the life, or reduction
to bondage of the captives, have long ceased
to be practiced in ease of ordinary wars ; but
the abstract right—the minimum jus-eis still
recognized in exceptional cases, where the
cause of the - war or the character of the bel
ligerent or the safety of the victors justify its
exercise. The same thing may be said of the
seizure of property on land. Halleck (457)
says some modern writers—Hautefeuille, for
example—contends for the ancient rule, that
Private property on land may be subject to
seizure. They are undoubtedly correct, with
-regard to, the general abstract right, as de
duced from the law of nature and ancient
la i s te s t u i l c idue l d 'a a tt t i one s na " tron h , e iVitit e i f i c t l ft e e'2l;
may, in the Bret egace, do himself justice re
specting the object which has given rise to the
war, and, indemnify himself for the expenses and
cieniages wltloi 40 Dos 4u§tnixtedpy it". And
okurbotoDizogil
at page 38.7: " * A conqueror, who has taken up
arms not only against', the sovereign but
against the nation herself, and whose inten
tion it was to subdue a tierce and savage pee&
pie, and once for all to eeduce an obstinate
enemy, such a conqueror May, With
lay burdene on the conquered nation, both as
a compensation for the expehsea of the war,
and as a punishment. • -
I am happy to believe that the Government
has come tones conclusion. 1 , cannot other
wise bee hot* Captain Wire can be tried by a
courtanartial at Washington for 'acts done by
him at Andersonville. Ile was inno way con
nected with one Military organiztetion; nor did
he as a citizen connect himself with - our - army
so as to bring his case within any of the - acts
of Cellgrees. If he eonunitted murderin Geer
gia, and el erorgia - was a:State in the Vision, Caen
he should be tried according to her laws. The
General Go , :' , ernment has no jurisdiction over
such crime, and thetrial and execution 'of Ude
wretch by a United States military court would
he illegal. But if he was an officer of a bclli
gerent enemy, rtinking-vvar as as independent
„ v i e, no w 1 2 maw conquered r It is compe
tent, holding 'them riga conquered foe, to try
itim for doing actfecoixtravy to the laws &war,
mid if found guilty, to execute or otherwise
remisb him. As ant 'sure the loyal man 'at
the - head of the Government will not involve
the nation illt illegal eets,and thus set a prece
dent injurious to our natinillia character, I ath.
glad to believe that' hereafter we shall treat
the enemy fie nonquereti, and remit their con
ditaon and renonstractien to the sovereign
power of the nation.
In short, all -writers agree that the victor
may India puniahment upon the Vanquished
enmity, even to the taking of hielife, liberty, di'
the confiscation of all his 'property ; but that
this extreme right is never. exercised except
upon a• cruel, burbarone, 'obstinate, or dan
gerous foe who ha% waged areuririet war.
Upon the ellareeler of tie - belligerent, and
the justleam the war, and the Manner of Me
ducting ite r depends our right to take the loves,
liberty. and property of the belligerent. This
war had its. origin in treason without one
spark ofjuethe. It was prosecuted before no
tice ofit , , by robbing our forts • and - armoring,
and our navy Verde; Stealing, our money
from the mints and depositories, Mid by urn'
rendering-eon forts and navies-by peapirers
wherliad sive= to support the' C;onetittution.
In its progressentr prisoners, by the authority
of their GovernMent, were slaughtered' in cold
blood, Ask Fort Pillow and Fort \- - Wagner.
Sixty thousand of ern prisoners have been de
liberately starved to death because theywould
not enlist in the-rebel armies. The' gloves of
Andersonville have each an accusing: tongue.
The purpose and-avowed' object of the enemy
"to found , an empire whose corner-atone
Should beelavery," renders its peOpetuity or
revival dangerous to human liberty.
Surely, these things are sufficient - to j ustilly
the exercise of the extreme rights. of war—
"to execute, to imprison, to confiscateak How
many captive enemies it would be. proper
to execute, ae an example to nations,. 1
leave others- to judge. lam not fond of Balm
guinary puniehments,buteurely aomeVietime
must propitiate the manes Of Our starved, Mat ,
dered, slaughtered martyrs. A court-niartiat
could do justice according to law.
But we propose toeonflecate all the estate-of'
every .rebel belligerent whose estate Was ,
worth eio,ooo,- Or whose land exceeded twee
hundred acres in quantity. Policy if netjile
tice would-require that the poor, the ignorant,
and the coerced should be forgiven. Theyy fola
lowed the example and teachings of their
- wealthy and intelligent neighbors. The rebel
liell Wollid never have originated with them,
Fortunately those WWI would thus escape,
form a turtle majoril of the people, though'
Rossessing but a sma portion of the wealth.
The proportion of those exempt compared
with the punished would be, I believe, about
nine-tenths.
There are about six millions of freemen in
the South, The number of scree of land is,
465,000,000. Of this thoillewhO own above tree
hundred acres each, number about 70,000 per
sons, holding in the aggregate (together with
the States) about 394,000,000 acres, leaving for
all the others below- 20e each, about 71,000,000 . 0 f
acres. By thus forfeiting the estates of the
leading rebels, the Government would have
304,000,4100 of acres, beside their town property,
and yet nine-tentbs of the people would re
main untouched. Divide this land into conve
nient Mims. Give, if you please, forty acres
to each adult male freedman. Suppose there
are one million of them. That would require
40,000,000 of acres, which deducted from 394,000,-
00n leaves 354,000,000 of acres for sale. Divide
it into suitable farms and sell it to the highest
bidders. 1 think it including town property,
would average at 'least ten dollars per acre.
That would produce 03,540,000,000—three bil
lions five hundred and forty millions of dol.
Let that be applied as folloWA, to wit
1. Invest 0100,000,000 in six-per-cent. Govern
ment bonds, and add the interest semi-annu
ally to the pensions of those who have become
entitled by this villainous war.
0. Appropriate e2oo,ooo,oootopay the damages
done to loyal men, North and South, by the
rebellion.
3. Pay the residue, being w4e,000,000, - to•
wards the payment of the national debt.
What loyal man can object to this 1 Look
around you, and everywhere behold your
neighbors, some with an arm, some with a leg,
some with an eye, carried away by rebel Mil
lets. Others horribly mutilated in every form,
And yet numerous others wearing the weeds
which mark the death of those on whom they
leaned for support. Contemplate these monu
ments of rebel perfidy, and of patriotic suffer
ing, and then say if too much it asked for our
valiant soldiers.
Look again, and see loyal men reddeed to
poverty by the confiscations by the Confede
rate States, and by the rebel States; see Union
men robbed of their property, and their
dwellings laid in ashes by rebel raiders, and
say if too much is asked for them. But above
all, let us inquire whether imperative duty to
the present generation and to posterity does
not command ns to compel the wicked enemy
to pay the expenses of this unjust war. In
ordinary transaction, he who raises a false
clamor, and prosecutes an unfounded suit, is
adjudged to pay the costs on his defeat. We
have seen that, by the law of nations, the
vanquished, in an unjust war, must pay the
expense.
Our war debt is estimated at from three to
four billions of dollars. In my judgment, when
all is funded and thepeneiOne capitalized, it
will reach more than four billions.
The interest at six per cent., only (now
much more) 0240,000A00
Tile ordinary expenses of our. Govern
ment are 120,0110, 000
For some years the extraordinary ex
pense's of our army and navy wilt be.., /10,000,000
Four hundred and seventy millions to be
raised by taxation ! Our present heavy taxes
will not, in ordinary years, produce but little
more than half that sum. Can our people
bear double their present taxation? He who
unnecessarily causes it will be met:timed from
grneration to generation. , It is fashionable to
belittle our public debt, lest the people should
become alarmed, and political parties should
buffer. I have never found it wise to deceive
the people. They can always be trusted with
the truth. Capitalists will not be effected, for
they cannot be deceived. Confide in the peo.
pie, and you will avoid repudiation. Deceive
them, and lead them into false measures, and
you may produce it.,
We pity the poor Englishmen whose na
tional debt and burdensome taxation we have
heard deplored from our childhood. The debt
of Great Britain Is just about as Much as! ours,
(4,000,000,00 0 ,) four billions. But in effect it is
but half as large—it bears but three-per-cent.
interest. The current year, the Chancellor
of the Exchequer tells us, the interest was
el31,!300,10le, Ours, when all shall be funded,
will be nearly double,.
The plan we have proposed would pay at
least three fourths of our debt. The balance
could be managed with our preseut taxation.
And yet to think that even that is to be per
petual is sickening. If it is to be doubled, as
it must be, if " restoratien " instead of " re
construction" is to prevail, would to God the
authors of it could see themselves as an exe
crating public and posterity will see them.
Our new Doctors of National Law, who hold
that the " Confederate States" were never out
of the Union, but only insurgents and traitors,
have became wiser then Grotius and Patna
dorff and Rutherford and Vattei, and all race
dem publicists down to Halleek and
Philli
more. They all agree that such a state of
things as has existed here for four years is
public war and constitutes the parties inde
pendeMbelligerents,eubjeet to the same rules
of war as the feeeign nations engaged in open
warfare.
The learned and able Professor of Law in
the Cambridge University, Theophilus Par
sons, lately said in a public speech:
"As we are victorious in war we have a right
to impose upon the defeated :party any terms
necessary for our security. This right is Per
fect. It is not only in itself obvious, but it is
asserted in every book on this subject and is
illustrated by all the wars of history. 'The re
bels forced a war upon us ; it was a long and
Costly and Moody war ; and now that we have
conquered them, we have all the rights which
victory confers."
The only argument of the restorationist is,
that the States could not and did not go out of
the Union because the Constitution forbids it.
By the same reasoning you could prove that
no crime aver existed. .1i) _man over com
mitted murder, for the law forbid* it l He is a
shallow reasoner who could make theory over
rule fact !
I prefer to believe the ancient and modern
publicists, and the learned professors of legal
selence t to the extempOriZed doctrines of mo
dern Smolists.
If " restoration," as it is now properly chris
tened, is to prevail over "reconstruction,"
will some learned pundit of that school inform
me in what condition slavery and the slave
laws are ? I assert that upon that theory not
a slave bee been liberated ; not a slave lawhas
been abrogated ; but on the "restoration" the
whole slave code ,is in legal force. Slavery
was protected by our Constitution in every
State in the Union where it existed. While
they remained under that protection no
power in the Federal GOVerileient could
abolish slavery. If, howeveri the Confedeeete
States were admitted. to be what they claimed,
an independent' belligerent de facto, then the
war broke all treaties, compects, and ties be
tween the parties, and slavery was left to its
rights under the law of nations. These rights
were none, for that law declares that, "Kan Call
hold no property in man." (Phillimore, page
310.) Then the laws of war enabled us to
declare every bondman free, so long as we
hold them in military possession. And the
conqueror, through Congress, may declare
them forever emancipated, But if the States
are "States in the Union,e then when war
ceases they resume their positions with all
their privileges untouched. There can be no
"mutilated" restoration. That would be the
work of Congress alone, and would be " re
construction."
While I hear it said eveeywhere that slavery
is dead, I 'cannot learn who killed - it. No
thoughtful man has pretended that 'Lincoln's
proclamation, so noble in sentiment, liberated
a single slave. It expressly excluded front its
operation ell those within our lines. No slave
within any part of the rebel States in our Pos
session, or in Tennessee, but only those beyond
our limits andbeyond our power ere declared
free. So Gen. Smith conquered Canada by a
proclamation! The President does not pre
tend to abrogate the slave laws of any of the
States. "Restoration," therefore, will leave the
"Union es it was"--a hideollS idea. xam aware
that a very able and patriotic gentletnau and
learned historian, air. Bancroft, hes attenipt
ed to place their freedom on different
grounds. He says, what is uudoubtedly true,
that the proclamation of freedom did not
free a slave. But he liberates them on
feudal principles. Under the feudal system,
When a king conquered his enmity, he par.
. celed out his lands and conquered subjects
among his chief retainers ; the lands and serfs
were - held on condition of fealty and render
ing military service when required. If the
sueordinate chief rebelled, he broke the con
dition on whieh he held them, and the lands
and serfs became forfeited to the teed tiara.
mount. But it did not free the serfs. They,
with the manors, were bestowed on other fa-;
vorites. But the analogy fails in anotlter im
port cnt respect. The American slaveholder
does not held, by virtue of any grant from any
lend paramount—leeet 11,11 1 12 y a grant fr9o3.
THE WAR PMIISS.
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Tim WAR PRIM will be sent to subscribers by
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Firs Copies 10 00
Tam comas 20 00
Larger clubs than Ten will be chargea at the lame
rate, 42.00 per copy.
The money must always aCCOMPOII,I Macrae?. and
in no inetance can trwee terms be deviated /ram, at
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gjr Posttnacters are requested to act as agents
for THE Wan PEEBB.
jo- To the getter-up of the Club of ten or twenty,
an extra copy of the paper will be given.
11 1 0 1 1 1 1 111 k. was
the General Government. Slavery exists by
.up laR of the Union, but simply- by local laws,
by the laws of the States. Rebellion against
the national authority is a breach of no con
(titian of their tenure. It were more anata
- gees to say that rebellion, against a State un
der Whose laws they held, ght work a fora
tenure. But rebellion against neither govern
ment would, per se, hale any such ellect. On
whom would the - lord paramount again be
stow the slaves? The theory is platisible, but
has 110 solid foundation.
The President says te therebtil States, "Be
fore you can participate in the 00Vernment
you must abolish slavery and reforter your
election laws.e - That is the command' of a con
queror. that le reconstruction, not reStora•
tion—reconstruetlon too by assuming thepow.
ors of (Angina& This theory will lead' tome
lancholy results. Nor can the etehrtittitiOnal
amendment alailishing slavery ever he ratified
by three-finirths of the States r: if they are
States to lie counterlt- Bogus contentions
those: States may vote for it. Butno conve.
tion honestly and fairly elected will ever do
it. The frauds will not permanently avail.
The cause (Welty must rest on a firmer
basis. Count eit govermitents, like the Vir
grabs, Louisiettat Tennessee, hinsissippi, sold
Arkansas pretencee, will bedlsregarded by the
sober sense of the people, by future law, and
by the courts. , 9testoratatina is replant
ing the MO of rebellion, Which', within the
next quarter of a eeillttry, will germinate add
produce the same bloody strife Which has Just
:ended.
But it is said by these who have more sym
'Why with rebel wens and Children than for
the widows and osfiltanis of loyal m
ates en, that
,this stripping the rebels Of th
d eir est and
riving them to exile or to honest !Oyer Wottid
be harsh and severe 'upon
_innocent women
and children. It - may be
,SA; but it is the re
sult of the necessary laws of war. But it is
revolutionary, say thep• This plan ;could, no
doubt, Walt 4 radical reeirganissition in South
ern institutions, habits, and manner& It is
intended is revolutionise their principles and
feelings. This may startle feeble minds and
shake weak nerves. So fio , all great improve
ments in the political and ., moral world. It,
requires a heavy impetus to' drive forward a
sluggish people. {Wen it was first proposed
to fred the slaves and arm tilt' Meeks, did not
half the nation tremble? The - priin conserva
tives, the snobs-, and the mall waiting-maids
in Congress, were in hysterics. ,
The whole Wylie of Southern' society . ..must
be Changed, and never can it he done if this
opportunity is loot. Without this, this GO
vernment can never be, as it never has been,
a true republic. Heretofore it had more the
features of aristocracy than of democracy.
The Southern Stakes have been despotithis,
not governments of the people. .rt is impos
eible that any practical eolialitS of rights can
exist where a few thousand men inonopelite
the whole landed-property. The larger the
number of small proprietors the more safe
and stable the government. As the landed
interests must goveen, the more it is subdi
vided, and held. by independent owners, the
better. What would , be the condition or the
State of New York if it were not for her in
dependent yeonmilry 1' She would be over
whelmed and denusralized by the Jews,
Milesians, and vagabonds of licentious cities.
How can repithlican. institutionS, free schools,
free ehurchel, free social intercourse, exist
hi a minglefi ecarimunity of nabobs and serfs •
of the owners of twenty thoosandaere humeri
with lordly palaces, and the occupants of
narrow huts inhabited by "low white trash?"
If the South is ever, to be made a safe repub
let her lands- be cultivated by the toll of
the owners, or tilefree labor of intelligent citi
zens. This must he done.though it drive her
nobility into exile. If they go, all the better,
It will be hard to persuade the owner of ten
thousand acres of land, who drives a coach and
Sour, that he is not degraded by sittingat the
same table, or in the same pew, with the ens
browned and hard-handed farmer who has
hitneelf eiiitivated his OWnthrivingheMeatead
of one hundred and fifty acres. This subdirri
sion of the lands will yield ten bales of cotton
to owe that is made now, and he who produced
it will own it and feel lantself a man.
It is far easier and more beneficial to exile
seventy thousand proud, bloated and. defiant
rebels than to expatriate four millions of la
borers, native to the Soil and loyal to the Go.
vermnent. This latter scheme was a favorite
plan of the Blairs, with which they - had for
awhile inoculated our late sainted President;
but a single experiment made him discard it
and its advisers, Since I have mentioned the
Blairs, I may say a word more of these per
sistent apologists of the South; for, When the
virus of slavery has once entered the-veins of
the slaveholders, no subsequent effort seems
capable of wholly eradicating it. They are a
family of considerable power, some merit, of
admirable audacity, and execrable selfishness.
With impethelle alacrity they seize the White
House and hold pOssessibli Of it, as in the late
administration, until shaken off by the over
powering force of public indignation. Their
pernicious counsel had well nigh defeated the
re-election of Abraham Lincoln; and if it
should prevail with the present Administra
tion, pore and patriotie as President JOllll6Oll
is admitted to be, it will relider him the most
unpopular Executive,
save one that. ever
occupied the Presidential chair, glut there is
no fear of that. He will soon say, as. Mx. Lin
coin did: "Tonic TlIdE nee COTE Pr
This reliMieling the institutions,. and re.
forming the rooted habits of a proud ariStOr
Surrey, is undoubtedly a formidable task;.
requiring the broad mind Of enlarged. States.
manship, and the firm nerve of the hero. But
will not this mighty occasion produce—will
not the God of liberty and order give us such.
maul , Will not a Romulus, a Lycurgus, a
Charlemagne, a WashingtOn, &vise , whose ex.
pensive views will found a free emiSire, to en•
dare till time shall be no more I
. . . .
This doctrine of restoration shocks me.
We have a duty to perform which our,fathers
were incapable of which. will be required at
out hands by Goa and our country. When
our ancestors found a "more perfect Upton"
necessary, they found it impossible to agree
upon a Constitution without tolerating, nay
guaranteeing slavery. They were obliged to
acquiesce ~trusting to time to work a speedy
cure, in which they were disappointed. They
bad some eteuse, some justiiiCatiOn. But we
can have - none if we do not thoroughly eradi
cate slavery and render it forever impossible
in this republic. The slave power made war
upon the nation. They .declared the "more
perfect 'Union dissolved—Bohn - linty declared
themselYee a foreign nation ) alien to this re
public; for four years were in fact what they
claimed to be. We accepted the war which
they tendered, and treated them as a govern
ment capable of making war. We have, con
quered them, and as a conquered enemy we
can give them laws ; can abolish all their mu
nicipal institutions and form new Ones, If we
do not make those institutions fit to last
through generations of freemen, a heavy curse
will be on us. Our glorious, but tainted, re
public h as been born to new life through bloody,
agonizing pains. But this frightful " restore,•
tfon" haS thrown It into "cold Obstruction, and
to death." If the rebel States nave neVer been
out of the Union, any attempt to reform; their
State institutions, either by Congress or the •
President, is rank usurpation,
Is then all losti Is this great conquest,to be
in vain? That will depend upon the virtue
and intelligence of the next Congress. To
Congress alone belongs the powei• of rpeen
struction—of giving law to the vanquished.
This is expressly decided by the Supreme
Court of the United States in the Corr case,
7th Howard, 42. The court say: Under this
article of the Constitution (the 4th) it rests
with Ven, gross to decide what government is
the established Me in a state, 101 WS Witted
States guarantees to each a republinan form of
government," et cetera. But we know now
difficult it is for a majority of Congress to
overcome preconceived opinions, Besides,
before Congress meets, things will be so in
oigurated,....precipitated—it will be still
more difficult. to correct, If a majors
ity, of Congress can be found wise and Jinn
enough to declare the Confederate States
a conquered enemy, reconstruction wilt
be easy and legitimate • and the
friends Of freedom will long rule in the mem,
oils of the natien. If restoration PrOl'aillit
the prospect is gloomy, Mid new "lords
make new laws. - " The bnion party will be
overwhelmed. The Copperhead party has be
come extinct with Secession. But with Seees+
Pion it will revive. Under "restoration" every
rebel State will send rePOltil to Congress ,• and
they, with their allies in the North, win coos
trol Congress and occupy the White Rohm.
Then restoration of laws and ancient Collett,
tuitions will be sure to follow, our public , debt
will be repudiated, or the rebel national debt
will be added to out% and the people be crush
ed beneath heavy bnfdens.
Let its forget all parties, and build on the
broad platform o reconstructing o the Go ,
vernment out of the conquered territory con
verted into new and free States, and admitted
into the Union by the sovereign power of Con-.
gross, with another plank—" Tea PhOPERTY 08
MALL PAY 013; NATIONAL DEBT, and ht
clownify freedmen and togad et/PPM—and that,
under no circumstances, will we suffer the
national debt to be repudiated or the interest
scaled below the contract rates; nor permit
any part of the rebel debt to be assumed by
the nation."
Let all who approVe. of these prinolplegi
rally with us. Let all others go with Copper
heads and rebels. Those will be the opposing
parties. Young men, this duty devolves on
you. Would to God if only for that, that I
were still in the prime of life, that I might
aid you to tight thi'.aglit this .last and greateg
battle of freedoml
$l - 0,600,000
NEW YORK
ARRIVAL OP 6TEAMSHIPE4
The steamers City of New York, Teuionia,
and America arrived this morning" from
Europe. TllOO advices are anticipated.
TRIO FRIOATBAdink.
The United States steatn•frigate Niagara has
been signalled below.
THE STOCK EXCHANGE,
pr.COND BOARD.
3000 it S 85 5-20....wa07ws
5000 U S 6 one Sr Of
new Jenne Eseg
2500 Treas Nts 7 340
first series 0936
1500 do swill 095
30200 ad Serie_ i S !/PBIAI I 99 3$
800 0111 d o o & mks C.:.
231 a
50000
10000 do 2878
1500 11l Con Das ... .. 110
200 Cum Coalprer.. 43M
100 Mariposa MC—. 12S
150 Central Cosl e.
81
200 .r 0.4,4110 re Ili—.
00 82
West Union
120000 . Co.,.
0103!4_
Markets by Telegraph.
BALTIMORE, Sept. 11,—Flour is quiet; Howard
street super, 08.0t4§8.75. Wheat dull; the fti"
ceipts are in bad order. Corn lirm at 90e for,
white ; yellow is dull. Sugar firm and active.
Whisky dull at 5127.
CHICAgo, Sept. 11.—Flour is firm, and 5610 e
higher. Wheat active, and le higher; stiles 145
$1.411.4 for No. 1, and 01.28 for No. 2. Cant
and le lower ; sales at 0234C003e for No. 1, and 53l
etfivlt i c for No. 2. Oats are quiet at 32140.12.90.
Highlwines quiet. Freightsile lower. Provi.
Siena dull.
ReCtija,
Flour, Mils e . tttttt • ..„ 7 ,uuu 4,5(5)
Wheat, bush 88 1 000 00,000
Corn, " 107,000 215,000
Oats, " 88,000 18,000
MILWArKSE, Sept. 11.—Flour is dull, and 15e
lower. Wheat irregular ; sales at $1.87 1 ,031.38.
ltece lets. Shipments.
Flour, bbls 1,600 COM
Wheat, bush 57,000 52,000
The Supreme Court of Vermont
BURLINGTON, Vt., Sept. 11.—The vacancy oc
casioned by the resignation of Ron. Asa 0.
Aldis, recently appointed consul to liiool
Associate Justice of the Supreme Court, has
been tilled by Governor Smith, by the appoint.
ment of Hon. Herm% B . Beardsley, of St. Al..
tAulf.
NEW rOICEI Sept. it
100 14 - Y VQn g/ 5 021.1
100 d 0.... 02 79
100 Erie Itidiwny,... 88,
500 d 0.... 87
100 do 810 87
100 :37 & 1' do C 1t.... 4834
400 itert.lo.eg It 107
goo (10...t,tur / 1 1
100 ill 5 & 1%. 1 it B7:
300 do 070
00 d 0.... 07:
Clot & Pitts 1t... 72
300 Ch & N NV pref.. 02 , 4
300 d 0.,.. 62 4 ‘,
100 doit li . tI I 02 %
NO ClO 1.15.er re, ASA
200 do."e 112!4
110 P Ft NV & V R.... 98