The Franklin repository. (Chambersburg, Pa.) 1863-1931, December 27, 1865, Image 2

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    tranktin fepozitoll.
Wednesday. peeember 27,1885.
.7'we'Vee . elms have been delivered in the
.popular branch of Congress Nvhich present
the impending struggle on reconstruction
in all its aspects. Mr. Stevens has spoken
in behalf of the policy that accepts the
rebellious States as suicides, and depen
dent upon Congress for renewed life and
government, and it need not be said that
he presented his poiitio with masterly
ability and the eminent , wader that has
ever characterized him in dealing with
public issues. Mr. Raymond has replied
in vindication of the doctrine that seces
sion, bon-ever accomplished in fact, is a
legal impossibility 'and therefore the
States lately in rebellion have never lost
their rights in _the tlniou and under .the
constitution they attempted to destroy.
Many other speeches will be made on both
sides we presume, but - they - will but
cumulative support to one or the oW. • of
the utterances already given by the dis
tinguished members who are fitly recog
nized as the leaders of their respective
—Let'us look practically at this ques
tion of-reconstruction. The President,
Mr. Raymond and a few other Republi
cans, with all the Democrats and every
one' lately in arms against the government
insist that there has been no secession be
cause it is a forbidden crime, and this
doctrine is made the foundation-stone for
the re-admission of the insurgents into
Congress, to participate in the determina
tion of the penalties for their own trea
son and to work out the results of the
v, ar. On the other hand Mr: Stevens ac
cepts the formal declaration. of treason
that it has withdrawn front all protection
under the constitution and laws, and now
that it is conquered, he would renew the
life of the insurgents within the Union on
such conditions only as will give satisfac
tory guarantees of future peace and Union,
and protect the loyal men of all sections
from the crushing evils of the treason
they manfully resisted.
It is worthy of notice in considering the
logical consequences of the two policies
proposed, that the one advocated by Mr.
Stevens can be carried to a COnsiAtent re
sult, while that of Mr. Raymond comes in
direct conflict with itself when it reduced
to practical operation. Mr. Raymond says
that he regards the seceded States "just
•'as really and truly Sta tes of the American
" Union now as they were before the
" war," and in another portion of his re
marks, 4en he comes to the admission
of these "really and truly States of the
American Union," he would " exact from
"them" various conditions precedent to
their exercising the powers and lights of
sovereign States. In one sentence he in
sists that they are States without any limi
tation of their rights, and. in ,another he
proposes himself to define the teritiS and
conditions on which they shall ezeicise
the tights which he insist's belimg to them.
It is clear that Mr. Raymond's lt , gic is
sadly defective, or that helloes not be
lieve his own: doctrine. To Mistime that
the rebellious States cannot impair their
relations to the general government -when
the President has as 'yet denied them
any rights whatever—ruling them with
the most despotic power—is an absurdity
that can not approach the dignity of an
argument. On the very day that Mr.
Raymond delivered his speech, the Presi
dent notified the Governor elect of South
Carolina that he might non- assnnie his
duties, because,- "in the judgment of the
"President of the united States, the care
" and conduct of the proper affairs of
• South Carolina may be remitted to the
"constitutional authorities chosen by the
tipeople thereof, without danger to the
"peace and safety of the United States."
Thus does the President treat a State that
Mr, Raymond declares to be " truly with
in the jurisdiction of the constitution."
If Mr. Raymond be- correct, then is the
President, whom he assumesespecially to
defend, a usurper of the most desperate
and dangerous character, and air. Ray-
mond is merely playing fantastic 'tricks
before the Nation to earn the favor of an
Executive whose policy he alternately ap
proves and condemns in most discordant
stains of eloquence.
—We have slot stopped to look feito le
gal abstractions in the determination- of
- this momentous question. The President,
Mr. Raymond and Mr. Stevens all agree
in the practical duties to be performed.
They differ in details—in the extent to
which they would carry Mr. Raymond's
• I "'conditions," "guarantees " and " exac
tions ;" but all agree that these States, or
Territories, or Provinces, or
Belligerents, or - whatsoever else they - may
be called, must come into the Union with
some "indemnity for the past and securi
ty for the future." The President de
, Jumada in peremptory terms the repudia
. tionof the rebel debt, and the ratification
of the constitutional amendment, and then
very properly submits thekcase to Con
gress. Mr. Raymond goes farther and
exacts obedience
, to the Freedman's Bu
reau, and reserves to himself a "rigid sera
." tiny into the character and loyalty of
" the men whom th s ey may send to Con
: " greats" before he would allow them "to
•' participate in the high prerogative of
legislatiuig for the nation." Thus would
Mr. Raymond vindicate the sovereignty of
the States and maintain their constitu
tional rights as States " within the juris
" diction of the constitution." Mr. Stevens
would go still farther, acting, however, on
the same practical doctrine, and deny the
admission of those States until the just
and full fruition of the war is attained.
lie would amend the constitution in all
- .respects necessary to prevent the fester
:ing sore of treason from again polluting
the body politic, aild while the President
and Mr. Raymond would " exact" a limb,
Mr. Stevens i rould on the same principle
take the heli2 of the dead, carcass and
create anew the States which have ,organ
ized and maintained revolt, in all the de
partments of governmental' power, for
, four years-on principles which he regards
as essential to justice and freedom.
Widely, inep profess to differ
in theory, they agtee in fact when • they
come to- theapplication of their tinfories, -
with the single exception that they reach
different degrees of "conditions" and
"guarantees." We deem it idle, there- -
fore, for parties to divide on abstractions.
Start where they may, they all come in
the end to the foundation on which Mr.
Stevens rests his views of reconstruction.
and the sooner all departments of the
governments recognize the fact and go to
the practical work of reconstruction, the
better. It is for Congress to define the
penalties and guarantees precedent to the
restoration of the States lately in revolt ;
and a country staggered with debt, and
bereaved in almost every household by
treason's Causeless war, Will demand that
"mercy to traitors is cruelty to the Na
tion." The conditions and guarantees
must be such as will secure Listing unity
and peace—such as will afford the amplest
protection to Union men of all classes
and conditions in the South—such as will
make treason infamous, and inaugurate
thoroughly Republican Government in the
regenerated Union.
The subjoined official - proclamation of
Mr. Seward, Secretary of State, announ
ces to the people of the Union and to the
World. that Slavery has ceased to stain
the fair fame of the Republic. This con
sumation, so long and earnestly labored
for, alike bY the patriotic'founders of the
government and by the faithful men who
in later days braved the supreme.power
of bondage in behalf of Freedom, comes
at last hastened by the madness of its dev
otees, and deeply crimsoned with the
blood of wanton war ; but it conies in the
fulness of complete triumph, with,its nut=
lignaut foes confessing obedience to Uni
versal Manhood. Sad as have been the
sacnitices demanded by this crowning
crime of the Nation, all will now rOoice
that our bereavements have not been
vain. and that the deadly struggle of
Treason to overthrow our tree institutions
has but made the great Republic of the
world disenthralled and the home of re
generated Freedom. The following is Mr.
Sewards proclamation:
WAsiiisoros., Der. P, 156.3.
WILLwr 11 .Nru A¢4). Secretary of State of the
United States. 1,, 01 ivhota these pr rite may
come. grertiog:
-F-NoW YE. That ishereas the Congress of the
Utti_ted_States, on the first of February last, pas
sed a resolution which hi in the words following,
"A resolution submittine tr the Legislatures of
the several States 4 prope.d.,u to amend the
oustitution of the rutted Stares.
- "Reso!red by the Senate and House of Represen.
toilers of the United States of Americo, in Coa
gress assembled, two-thirds of boa timers concur
ring, That the following urtiele be proposed to
the Legislatures of the uyeral States as an
atnendment to the Constitution of the United
States, %%hid, n hen ratified ly) three-fourths of
said Legislatures, shall he valid to all intents and
purposes, a- inirt•of the Constitution,
namely :
"Airrict.E: xnt. Section 1. Neitrier slavery
nor involuntary servitude. except as a punish
ment for erinie whereof the party shall have been_
duly convicted, shall nisi {% t kin the United
States or cry subject to thew jurisdiction
"See. 2. Congress shall have power to enforce
this article by appropriate legislation.'
And whertas, It appears tram i ri.,l documents
on file in this department that the amendment to
the ConstitUtion of the United States, proposed
as aforesaid, has been ratified by the Legislatures
of the States of Illinois. Rhode Isl a nd, Michigan,
Maryland. New York, West Virginia. 3laine,
Kansas. 3lassaehusetts, Pennsylvania, Virginia;
Ohio, Missouri, Nevada, Indiana, Louisiana, Min
nesota, Vtllllollt, Tennessee. Arkan
sas, Connecticut. NeW Hampshire, South (am
bun, Alabama, North Carolina and Georcia—iii
all 27 States;
And whereas, The whole number of States in
the United States is
And whereas, The before specially-named States
'whose Legislatures have ratified the said 'propos
ed amendment, constituteDthree-fourthsof the
whole number of States in'tlie United States ;
Now, therefore, be it known that I, William H.
Seward, Secretary of State of the United States,
by virtue, and in pursuance of the second section
of the net of Congress approved the twentieth
day of April, IRIS, entitled "An act to provide
for the publication of the laws of the United
States, and for other purposes,' do hereby certi
fy thit the amendment aforesaid has become va
lid to all intents and purposes as a. part of the
Constitution of the United States.
In testimony whereof I have hereunto set my
hand, and caused the seal of the Department of
State to be Axed.
Done arthe city of Washington, the 18th day
of December. in the year of our Lord 1865, and
of the. independence - of the (Suited States of
America the ninetieth. WM. H. SEWARD,
Secretary of State.
A ientac meeting of the citizens of .
Chambersburg was held in the Court
House on Thursday evening last,-to me
moralize the legislature in behalf of the
despoiled people of Chambersburg. Col.
D. 0. Gehr presided; and J. W. Douglas,
Esq., reported a memorial to the legisla
ture which was read and adopted. It is a
te*tetate, able representation of the pe
culiar sufferings of the people of Cham
bersburg, and while it does not claim res
titution at the hands of the State, it ap
peals to the generosity of a commonwealth.
whose treasury is overflowing, for tem
porary aid to unable our crushed citizens
measurably to recover from the destruc
tion of July 30, 1864. A resolution of
thanks to the generous people of Carlisle,
Harrisburg; Lancaster,Philadelphia, Pitts
burg and other points, who kindly con
tributed to the sufferers immediately after
the tire, was adopted, and D. 0. Gehr. J.
WDowell Sharpe, Geo. W. Brewer and A.
K. 141'Clure, Esqs., were selected to go to
Harrisburg and present the claims of our
people before the proper committees of
the legislature. Speeches__ were made by
Senator Duncan and Representative Stam
baugh heartily endorsing the movement
and expressing their purpose to devoted
their best energies to give it success.
WE give in to-day's paper the opinion
of Hon. Jere. S. Black on _the claims of
Gen. Koontz to be sworn as member elect
from this Congressional district. It will
be fiecu that Judge , Black goes to the root
of the issueoind shows conclusively that
the prima facie right to the seat is clearly
with Gen. Koontz, and he exposes in just
terms, the revolutionary proceeding-810
pertain Democratic return judges who dis-
frinklin ifteposttonj, nbcr9l:-:-/-1
regarded the law to defraud Gen. liontr;
oat of his certificate. It is an interiiiing
paper; aid will be read with profit Will
WE have seen a letter from Gov. Cur.
tin dated in Havanna on the 16th inst., to
a friend in this place, in which he says
that ho grows better_ every day and that
the pain in his spine, which gave him so
much distress, has entirely gone. it 1,3
probable that he will protract his visit un
til about the middle of January.
TIIE December number of the United States
Service Magazine completes th e 4th volume of
this valuable periodical. It is of peculiarinterest
alike to the military profession and to the intelli
gent reader of our history, and cannot fail to
command a very wide circulation. Its contribu
timis popularize it to a degree never before at
tained by any military publication ever published
in this country, and it must gradually widen the
circle of its patrons until it rivals our leading lit
erary periodicals in circulation. In the first num
ber of the new volume will appear a fine steel
portrait and a carefully prepared biography of
Maj: Gen. Thomas. Price $5 per anum. .Chas.
B. Richardson, Publisher, 540 Broadway, New
THE War Department computes the number
of deaths in the Union armies, since the com
mencement of the war, at 350,000, and of the
Southern soldiers at 2.15,000. At Gettysburg,
23,000 of the Union army, wire killed, wounded
or taken prisoners—the greatest loss during one
battle. Grant's losses from the time he crossed
the Rapidan until Lee's surrender, Were 90,000.
Great as these losses were, they are lees than
those incurred in Firopean wars. owing to our
superior medical and•sanitary tirrangeyients, and
the care of the Government for its troops.
Ix Kentucky, the State Senate has passed a
hill removing any disability in regard to persons
who had engaged in the Rebellion. The House
has'also pardoned all who committed treason to
the commonwealth. The .Legislature. also de to veto an act which gave loyal citizens a
remedy against the injustice done by guerrillas
and rebels. Tha State of Kentucky is rapidly
" reconstructing' itself.
MAJOR GREGG, Chief of Transportation, has
gooe on a tour through the military cemeteries et
Richmond, llaucille,Salisbnry• and Colombia, S.
C., to gather information concerning the possibil
ity of procuring, by the friends and relatives, the
remains of Pennsylvania soldiers. Col. Cham
berlain, BNte Agent at Nashville, has gone on a
Rif tour to Alidersonville, and other military
crnoarriee in that distnet.
The Negro Suffrage Munn loh—Tote of the
City—A Lawyer Fined fOr Contempt of
Court—Font., Theatre—Southern Mem
bers Gone Hone—An Honest Negro—
, The Bill to Reimburse Peaum— . Trial of
Rebel °Ulcers—Minister to Mexico.
Correspondence of the Franklin Repository.
NO. Lvill.] WASILLVOTON CCM December V, I&15.
The election of last Thursday in this city, on
the question of Negro Suffrage was just as we
expected. The vote was against negro suffrage,
6,002; fir negro suffrage, 36. 'The largest vote
ever cast here was in IS6o,!,when the total was
6,991. Then nearly all these were cast for a no
ted secessionist for Mayor Yawned Barrett, who
had to be arrested foropen treason. The balance
were cast: for Mayor Wallach, who cannot
boast of any particular loyalty when anything
detrimental to Southern feelings and Southern
institutions is introduced. 'rhere are 'hardly
three hundred town., who c ast 5011ocs .0 bast
Thursday, who did not vote in ISOO for 13enett
and Wallach. The population of Washington
city is now estiinatedp,l2o,ooo. They are act
ual residents, live heri3 4- and- intend to
, live here,
but °Wing to the peculiar rules which govern city
elections here, the voting majority of - this large
population are deprived of a vote.
Petitions are now in circulation among these
persons thus deprived of voting to taketheir sen
timents on the question, and the result will be
not legs than 20,000 signers to the petition in fa
vorof the bill, all as genuine citizens as thet:),W
who voted on last Thursday.
We kuow from experience that out of the 6,642
people who voted against suffrage last Thursdas , ,
that it the question were put "whether or not
Jett Davis should be restored to his seat in the
C. S. Senate," that there would not be two hun
dred votes - nay out of the whole number.
The hill will be passed by Congress immedi
ately after the assembling again on January sth.
Then we will see whether Tom Florence and the
6,602 voters cairmake good their word, that they
have every assurance that Andrew Johnson will
veto the bilL It is not likely that the President
will do any such a foolish thing as to put himself
in opposition to the majority in Congress.
A few days ago Lawyer Bradley, while making
a statement in the trial of Marshall Brown, was
stopped by Judge Olin, who charged him with
making a false statement, and at the same time
knowing it to be such. To this charge Mr. Brad
ley replied that the Judge lied if he said so. Then
the. Judge ordered Bradley under arrest. Yes
terday a hearing was bad, and after a vast amount
of tears shed by both the Judge and Mr. Bradley,
the Judge pronounced sentence on Ms. Bradley,
in order to maintain the great dignity of Judge-
Olin and the Court. The sentence was a fine of
.$lOO on Mr. Bradley. Mr. B. was the defender
of Miss Harris, the murdress, whom it will be
recollected he almost smothered with kisses after
her acquittal.
As Arbemus Ward says, "the scene was very
affecting." Judge Olin seated on
,the bench cry
ing, because he called Mr. Bradly a liar, and Mr.
lividly seated at his feet crying because he call
ed the judge a liar. Then how nicely it was
healed op to the great satisfaction of the people,
only one hucdred dollars fine for calling a judge
a liar in open court. ,
We have all along thought that Ford's Theatre
was to be a depository for the records of the lath
rebel government. Now it appears that the Sur
'geon General is to get it for some purpose or
other. Reason why, it would not do for to have
a place for southerners to come to and see the
remains of their folly piled up, for it would be
too much of a humiliation to theni. '
The Southern members yet remaining in the
city held a meeting on Wednesday evening and
unanimously resolved to go home and remain
there until after next 4th March. What they in
tend to do after that they did not resolve.
A lady friend of ours dropped her watch in the
street the other day—and it being found by an
old colored man—an oyster shucker, was actual..
ly returned to the lady by him two days after.
Mayor Wallack considers this a piece of honesty
unprecedented in the' negro annuls of Washing
The bill to reimburse the state of Penna. for
expenses incurred to repel the rebel invasion of
1863 has again been referred to the committee
on claims, where it will most likely lie hurried
until next session of Congress. The bill had
been passed by last Congress but from some
cause or other Gen. Schenck "coulden't see it,"
and moved for a reconsideration and a reference
as above, which was carried.
Winder, Duncan and Lee, the three rebel offl
cers, httrged with inhuman treatment of Federal
prisoners in their hands (similar in all respects to
Wirz) during the late rebellion, are all sent South
fo places evidence can be obtained without the
large coats attending the Wins trial. They die
to be tried by military cod
Richmond, Dunianin
1 141 .
We understand that tic* &Ala D.
Campbell, of Ohio, was en last sent to
the Senate for confirmation mister to the
Republic of Mexico. We thees:for infer that
Gen. Logan has declined.
It is understood here thatth President has re•
quilted that the judiciary cot itted Kavide a
bill et as early a day as posailyle for the holding of
the tt.'S. Court in Richtuoiad,Which court it is
represented will try Jeff *is. s. c.
' BURG: '
Pat *luta tlou 10 1 1n Gov. Curtin—Hie
Health Kuehn Proved—Probable Ad
= jourameut of t e Legislature—Met of
the Admlnist Vela to Procure a Com
plelPu te Lis
thatto tof .
ur ltartered Vead—The
Correspondence of erne:4lln Depositary,'
NO. XLI L) , HARRISBURG, December 25, tea.
Infonnation was received here from Gov. Cur
tin on Tuesday of last week. Ile reached Cuba
on the nth, after a pleasant voyage, and much
improved in hbalth. The cutter touched at
Charleston on the way out, and Gee. CILKIII land
ed and sisited the troops stationed there. Re
was most cordially received, especially by a reg
iment of Pennsylvanians, who made the welkin
ring with welcome. He also visited the hospitals
and other places of interest. It is not certain
when be will return; but it is more than probable
that he will be here by the 10th or 15th of Taint:
ary. Should be find it necessary to remain long
er, the legislature will be officially advised of the
fact when it meets, and an adjournment will fol
low for several weeks. Under our constitution
all bills pitied by the legislature become laws
within ten days without the signature of the
Governor unless vetoed, so that the legislature.
would be supreme should it assume to legislate
to the absence of the Executive.
Before Gov. Curtin left for Cuba be made ar
rangemente for a thorough inspection of the bat
tle-fields and hospitals of the South, to ascertain
to what extent our heroic dead may be returned
to their4tiends for burial. Col. Gregg has gone
to Richmond, Danville, Salisbury, Columbia and_
other points, and Col. Chamberlain, State Agent
at Nashville, will make a similar tour in the
South-west. ' When they shall have performed
their duties and made report, the Governor will
be able to give infimnation to the friends of most
of our marlin. us to their exact whereabouts and
the probability' of securing their bodies. It is a
most important mission, and the result of it will
be that thousands of our brave soldiers who fell
in defence of our Nationality wilt be returned to i
sleep with their kindred.
The organization of the legislature excites less
interest than usual, because of the fact that there
will be no contest for the leading positions in.
either branch. Senator Fleming, of this place,:
will be re-elected Speaker, and Geo. W. Moment
ly Clerk ; and in the House Mr. Kelly„of Wash
ington, will be elected Spe'aker, and Father Ben
edict Clerk. The Democrats of the House will
probably vote for Quiggle for Speaker and Zeig
ler for Clerk. lititt.sck.
—The widow of stonewall jaeksonix il l Pal-
--General Nipatrie,k goes to Chili on the Ist
of January
—Govermlr Curtin arrived at Havana on, the
I:3th - in greatly-improved health.
=lion. Phillip Allen, formerly Governor of
Rhode Island and afterward L. S. Senator, died
on Saturday week:-
—The Albany Evening Journal Rays: "It ie
rdinored thatalott.--ikkrarier-entflrr. -- wom ism
wid t mer, is about to marry a daughter of Lieu
tenant Governor Bross, of Il
=Ex-Attorney-General Black, of Mr. Buchan - .
an's Cabinet, has formed a law partnership in
Washington with Mr. Lamon, formerly law part
ner with Kr. Lincoln.
—Two Pittsburg burglera, named 'Howler and
Bowser. have been tried in the Cambria county
court, for the murderofMisses Paul and Munday,
(which oceurre on the 7th ut Juue last,) and
r sentenced to be hung.
--General Logan's official declinatiOn of the
Mexican mission bus just been announced. Ex-
Congressman Lewis D. Campbell, 'of Ohio, has'
been tendered the position, and will doubtless ac
cept it. He is now in Washington.
—We learn by the Cuba of the.death of Geo.
Cbretien Frederick, for thirty-five years King of
Belgium, ruling as Leopold. He Was one of the
oldest of the crowned heads of Europe, as well
as one of the most sagacious—a very Nestor of
royalty—and was allied to several of the reigning
41(41 11
'am G. Moorhead, Esq., late President
e Philadelphia and Erie Railroad Company,
o has but recently returned from Europe, - was
on Friday evening the recipient of a handsome
service of Ate, comprising dinner and tea sets,
which was presented to him by the board of man
agers of that road as a testimonial of theiresteem
for his eminent services in bringing forward that
road to successful Completion. The affair came
off at the Continental Hotel, Philadelphia, a large
party of Mr. Moorhead's friends being present.
Hon. Ellis Lewis made the presentation speech,
to which Mr. Moorhead replied.. In the course
of his remarks he'took Thigh ground in favor of
the extension of the interests of Pennsylvania by
means of more thorough railroad facilities.
—Thomas Corwin, whose death took place at
Waghington on Monday - week, though for several
years past removed , from naiN-pefitics, was nev
ertheless for a long period a conspicuous and suc
cessful participant in national affairs. -He was
born in Bourbon county, Kentucky, on the 29th
of July, 1794, being, therefore, over seventy-one
years of ago at the time of his death. Educated
in the midst of the rude frontier life of the gen-
eration suoceedin - g the revolution, he imbibed and
illustrated many of the tbaracteriatica of the
original and daring people among whoin he was
born. To this circumstance may be , attributed
that natural eloquence, humor and imagination
which made him for many years the most power
ful and popular orator of the Western country,
and - for a time the dictator and controller of the'
party to which he belonged. He filled many im
portant positions. ' Admitted to the bar of Obio
in 1817, he was chosen to the Legislature from
his county in 1822, and from the Warren (Ohio)
congressional district in 1831, serving in that ca
pacity until 1840:lame he wen; elected Governor
of Ohio, which station he held for two years, be
ing defeated in 1842 by Wilson Scannop. In 1845
he was elected to thellnited States Senate by
the Whigs of the Legislature of Ohio, and was,
called from that body in -1850 into the Cabinet,
as Secretary of the Treasury, by President }lf
more. Here be took a line of departure from
the extreme anti-slavery men, and from thatperi
od he has been classed among the Conservatives.
In October, PEGS, he was elected Representative
is Congress from Ohio, le which body he acted
as chairman of the Committee on Foreign Affairs.
Being re-elected, be served but a short time,
when he was appointed minister to Mexico by
President Lincoln. Some of the speeches of Mr.
Corwin were surpassingly beautiful. He never
took rank among the Clays and Websters of the
Whig party, but seemed rather to delight in the
graces and adornments of forensic speaking than
in solid argumentation. He was a gentlemen of
uncommon wit, retentive memory, and high in
tellectual versatility. He took the deepest inter
est in the questions arising out of the war, and
'Jag, Va.
although, as we have ;aid, not in sympathy with
the radieal element, was one of the most devo
ted and unselfish patriots of our day.
er is in
J at Ral-
—California ratified the constitutional amend
ment on the letti.
—The Southern Congressmen in Washington
have had a meeting and resolved to go home im
mediately- . -
—The North Carolina Legislature has adjourn
ed. No laws for the government or protection of
the freedtrien were passed.
--polorado has chosen for her first representa
tivet In the united States Senate John Evens and
Jerome B. Chaffee, both Republicans.
—A majority of the Virginia Legislature wish
to hold a new election for U. S. Senators, but are
restrained by a fear of offending the President.
The favorite candidates are R. M. T. Hunter and
John Randolph Tucker. .
—The Clerk of the House of Representatives
has received certificates of the election of South
ern members only from North Carolina, 7 ; Loui
siana, 4 ; Mississippi, 2 ; Tennessee, 7 ; Virginia,
6; and Arkansas, 1. Some of these have - treat re
ferred to the Select Committee.
—Missisisippi has ratified the Constitutional
Amendment with conditions - and reservations.—
Her Legislature declares that the assent shall
not be construed into an abridgment of the preci
ous doctrines of State Sovereignty, nor into a con
sent that Congress may abolish Slavery in any
State that refuses to ratify.
—Provisional Governor Parsons, of Alabama, has
been relieved by the President, and directed to
turn over the-papers and property of the State to
the Governor elected by the people, Secretary-
Seward, in notifying the latter, tenders the coop
eration of the government iu effecting the early
restoration of the prosperity of the State.
—Cornelius Cole has been chosen U. S. Sena
tor from California for a full term of six years
froui thil 4th of March, 1867, when the term of
the. Hon., John A.. M'Dougall will expire. Mr.
Cole was , a member of the last House, and an
earnest and able Unioniiit of the Republican
stamp. Mr. lld'Dougall is a Democrat. We be
lieve this is the first election of aU. S., Senator
whose term commences with the next Congress.
--Several Senators and Representatives, who
lately had conversations with the President, state
that the President does opt intend to force any
issue with Oongresm, but tii'obstain from whatev
er ought lead to a conflict between the Legisla
tive and the Executive branches of the Govern
bent. A more cordial feeling is gaining ground
and it is expected that a good Understanding will
be preserved.
--General W. W. Irwin, President of the
Bdard of Military Claims; says-that a large num
ber or claims that have been adjudicated by the
board are in the office of the Auditor-General,
awaiting the post office addres of the claimants,
and persons making inquiry about such claims
should address that office.
••--Major General Robert O. Tyler has been as
signed by Major General Han'cock, commanding
'the Middle'Department, to the command of the
District of Pennsylvania, in addition to his du
ties as commander of the District of Delaware
and the Eastern Shore. His headquarters will
be in Philadelphia., General Tyler relieves Maier
General Humphreys, who, we understand, Will
be assigned to 'very important duty in the South:
west. ,
Tl‘o following , logal-errettinen‘-alrowfrhy-dion.
Jeremiah S. Black. reed before the Committe on
Elections in Congress last week, is exhaustive of
the question. It presents the facts and the law
in a manner that precludes successful controver
sy, and as a lesson for the revolutionary return
judges of several counties of the district, it has
peculiar value. We subjoin the opinion:
Thoeleotion laws of Pennsylvania pt.( vide in
substance as follows:
Ist. Two inspectors and one judge shall be
chosen to conduct the election in each district
2. The inspectors, or in case of their disagt'ee
inent, the judge shall "decide onthe qualifications
At -any person claiming the right:to vote," and
the vote shall be received or rejected, adeording
to such decision,
3. After ballots are received and.counted, and
the nurnbercast for each person publicly declar
ed; a certificate thereof ,shall be made mid signed
by the inspector and. judge, which certificate
shall be kept by ttmjudge until the third day af
ter the election, when he shall produce it at a
meeting composed of judges from all the districts
of the county assembled at the Court House.
4. The judges from all the districts beitig met
and organized, by the appointment of a president
and two sworn clerks, the votes "as they shalt
appear by said certificates to hare been given,"
must be added together, and thereupon a return
shall be made and signed by all. the judges, and
attested by the clerks. This return shows the
aggregate number of votes in the county given
ftc each person, with respect to each of f ice, as
certified by the inspectors and judges of the sev
eral districts.
5, The'county board is expressly forbidden to
reject or molt from their computatma any volt;i
which shall-appeir by the certificate tohave been
giren, except where the certificate if too defec
tive to be understood, and in that case an exact
copy of the defective paper shall be certified and
appended to the rotnnh - and the original shall be
filed in the Prothonotary's office.
6. Where two or more counties compose a
congressional district, a certificate of the votes
given for the several candidates for Congress shall
beAnade out, signed by all the judges, and attes
ted brthe clerks, vhich certificate shall be put
in charge of one of the judges, who shall produce
it at a meeting of one judge from each county to
be assembled on the 7th day afte` k the election at
a place in the district designated by law.
7. By these judges (one from each county of
the district) the votes given in the several coun
ties shall be added together, the persomhaving
the largest number shall be ascertained ; dupli
cate returns duly certified shall be made, one to
the Prothonotary ot the county whece the meet
ing it.held, endow to the Secretary of the Com
monwealth. They are also to sign and send a
certificate of election to the candidate chosen.
The mode of taking, counting and returning
the soldiers' votes is as nearly as possible like.that
prescribed for elections at home. It was mani
festly intended that no difference should exist be
tween the two, wept what was made necessary
by the differ , • rcumstances of the cases. The
judges of i •n are to be chosen et the camp
or hoe :tits' .e the votes are given, they are to
certify and count the number of votes given for
each person, the certificates are to :be sent by
mail directly to the Prothonotary of "the county
where the voters belong, anti the county board of
return judges must meet a second time to receive
and count them. But the duty of the returning
officers is precisely the same as it is in.respect to
votes given at home. It is declared (Page 996,
acts of 1864) that all the provision of the general
election law not supplied by, inconsistent with, or
inapplicable to the system et 1864, shall apply to
elections held under the latter act. It is also
specially .provided (page 994) that the return
judges at their second meeting, shall include in
their enumeration the votes so returned, and pro-
ceed in all respects in likc manner, as is provided
by law in cases where all the votes shall have been
given at the usual place of election."
It is plain from all this, that the returning.oi
cers have nothing but a mere ministerial duly to
perform, with respect either to the home vote or
the soldiers' vote. It is true that a judge while
he is presiding at an election must hear and de.
tilde the questions of law and fact, upon which a
citizen's right to a vote may depend. But after
he has received or rejected all the votes that are
offered at the proper time and place, his judicial
duties are ended, and his decisions upon any par
ticular case cannot be reversed bY himself, much
less by the judges of other districts. His certifi
cate, with;that of the inspectors (the whole three
are called judges in the act et 16640 isconclusive
upon the county board. It would be an inexcu
sable violation of the written law, for that board
to reject the certificate of the election offie m rs,
unless it be so perfectly senseless that, assuming
it to be true, the member of votes cast for the
several candidates cannot be ascertained from it.
Even then it is - not to be rejected, but merely
omitted from the eonnt ez necessitate m, and seer
forward for the inspection of others who may b e
able to spell it out more successfully. But I have
not heard tbht one ease of an 'unintelligible certi
ficate has ever arisen in the State.
It may In
pen, indeed, that judges and inspec
tors' will de ids erroneously upon the rights of
cit*ru; an soldiers. It is by no means impos
sible that e rrupt, fraudulent and false certificates
of election may be made by them. But these
are wrongs which the county board or the district
board of election judges are powerless to remedy.
The jurisdiction to go behind the certificate is
not given to the body whose business it is merely
to count up and add together. In the case of a
legislative officer, the constitution Nests that
power in the House to which he demand admis
eion, and there the law of the 4State - leaves it.
In the case of a county officer, the statute gives
the authority of reviewing the conduct of the
judges and investigating the truth of their certifi
cates to the courts.
'I he judges are required not to decide how many
votes were given, at the election, for one eandi
nate or another, but merely to say how many are
certified to them, not to receive or reject returns, their discretion, but simply to look
Mall that are produced, add them together, and
sign their names to a paper wh ich declares the
result. This duty is so perfectly plaint all ques
tions upon which there might be
,difference of
°Orion, is so completely excluded frotalheir cog
nizance, that the law has made no provision fur
the case of a disagreement among them. The
certificate which they make must be signed by all
`the judges. They must act as a unit. A mere
majority has no more right than a minority to re
ject a part of the returns and then certify the
balance as being the whole vote of the county.
The certificate of a county board not signed by
all the judges who composed it, is utterly void.
Such is the letter of the law, and such is its ob
vious intent and meaning. The argumentum ab
inconrenientc, is of no force against the unequivo•
cul words of a written statute,- and if it were, it
might be used both ways here ; for althotigh it be
true that reckless persons, by refusing to sign,
may spoil the proper evidence of an election, it is
also true that if the power existed in a portion of
the judges to establish by their naked certificate
what the othersdeelare to - be false, swell power
would be habitually abused in times of political
excitement. It was wise in the legislature to
require unanimity, and thus make it impossible
for either party to defraud tie ether. When the
members of a county board divide on a question
of anthtnetic, it is rigto, to reject the statements
of both. There can be no natural presumption
in favor of either, for one is as , likely to be true
as the other. .
. - -
But the election is not defeated by this spolia
tion of the evidence.. Rejecting all partial certifi
cates as being lawless, and therefore destitute of
any claim to attention, proving nothing, and die
Itti,ing nothing. we pass backwards until we
come to documents, which bear upon their face
tile legal appearance of truth, and out of them
arises that presumption which constitutes apri
ma facie title to the seat.
:Date Congressional District is composed of the
counties 01 Somerset, Bedford, Fulton, Franklin
and Adams, -and Mr. Koontz and Mr. Coffroth
were the only persons voted for.
The board of district judges (one from each
county) generally does, and would always, if
properly constituted, furnish sufficient evidence
of the electios, for its duty_is to cast up all the
votes and certify which candidate has been cho
sen by the majority of the people. But in this
case there were two district boards, both of
which met at Chambersburg on the crime day.
They were both without authority. In both of
them were members who had been delegated by,
and bore certificates from only a part of their
county boards. In one of them Sotherset Coun
ty was not represented at all. One judge front
Fulton county was in both boards, and certi
fied the election of.,oth candidates. The
body which returned-Mr. Koontz has the advan
tage over the other in this, that it counted all the
votes given in the district of which there was
any evidence. But it must be acknowledged that
its certificate does not prove that fact or any oth
er, fur this, like the certificate of the opposing
party, is of no-effect, null and void. -
A little fuller statement of the facts seems nec
essary here, to show the composition of these dis
trict boards.
In Bedford and AdaltS•Ohe county boards di
vided, piped separate returns, and appointed dif
ferent persons to the district board.
Iu Franklin, the county board signed the re
turn unanimously, TO on the first day of meet
-1;4, ~a,z,i,zio- o loay appointed oar of their number
to take it ap to the district board; but on the
second day, part of them determined to appoint
soother man to represent them at Chambersburg,
while the others adhered to their first choice. So
this hoard hadoue return, but two men to carry
it •
In Fallon, the county board was unanimous in
the return, and agreed upon the member to whom
is should be entrusted. There was no attempt to
revoke his appointment, but for sonic reason not
known, be made himself a member of both the
bodies claiming to be district boards.
In Somerset thFe was no division on any sub
ject, and the person appointed to take the return
to Chambersburg, went there with it, and joined
the body which he probably thought the leg,il one,
refushYg to unite with the ether. The result was
that Somerset bad one undieputed'and regular re•
turn, sent by one man, who submitted, it to one
board. Fulton bad one return, and one man to
take it; but he took it to both places. Franklin
had one return, but two representatives, who di
vided and went to different places. Bedford and
Adams county each bad two returns and two rep
resentatives who joined different bodies at Chain
bersburg. The Koontz body (let 1130 call it so
for distinction) bad five members and was a full
board, but two of them had returns only partial
ly signed, and had their appointment only from a
Part of their county board. One of them had a
full return, but a part of his county board bad re
voked (if a part could revoke) his authority:—
The other two were regularly authorized and
produced regular returns.
The Cottroth board had but four members,
two of them irregularly appointed, and bearing
partial returns, one with a full return, but an ir
regular appointment, the fourth had been entrus
ted by his whole county board, with lawful au
thority, and a full return, but he had previously;
delivered it to the other board. One county was_
not represented at all.
Both of these bodies being illegally constituted,
organized, not only without law,-but against law,
it is not necessary to inquire which of the two is
entitled to the least respect, for neither is enti
tled to any at all. The whole trouble grew out
of the preposterous notion that majorities are
omnipotent everywhere. I maintain that where
the majority of a county election board tran
scends its merely ministerialduty of counting the
votes, undertakes to decide upon the legality of
the township returns, by throwing out a part of
them, and so provokes a split with those who
caunot concur, the proceeding becomes revolu
tionary, and the power of the body' to give any
certificate at all, is_destroyed. I do not doubt
therefore, that the
_Governor and the Attorney
General were right in refusing all credence to the
certificates given by these district boards. We
are obliged to fill back upon the other ' evidence
In three of the counties, (Somerset, Fulton and
Franklin) there was no division in the county
boards. In each of them all 'the judges signed
the same certificates, showing fairly and fully the
whole vote in the townships, camps and hospitals,
fur each _candidate. These certificates are with
out doubt, good and legal evidence of the result
in those counties. But no certificatefrom Adam
or l3edford was signed by all the judges, as the
law requires. Therefore we are obliged to go
back one step further, and see if there be any ev
idence behind that point which raises a presurop.
tion in furor of either party. The certificates of
the election from the judges and inspectors of the
several districts, camps and hospitals must be ex
endued, and the number of votes for each candi
date ascertained from them. If these, as return
ed to the county boards °Warns and Bedford
added to those which are lawfully certified by the
county boards of Somerset, Fulton and Franklin,
exhibit a majority for Mr. Koontz, ho is prima
facie entitled to the seat, and if not, not.
I repeat:thatthe vote should be taken as cer
tified by the county boards in all those counties
where the boards -were unanimous In the two
counties where the boards divided and tailed to
make a legal certificate, the vaginal certificate of
the judges and inspectors must be resorted to.
The duty of the county Muds was to send, these
same returns up in the convenient form of an ag
gregate certificate, Jut that not being done, a
court in the case ir a county officer, and Congress
in the case of a member, must take the returns in
their elemental condition.
A certificate, hoverer regularit maybe, wheth
er it coxes from the district board, a county
board. or the primary officers of election, is no
m o re than prima facie evidence of the facts certi
fied. It may be contradicted by proof, bid proof
for that purpose can be heard only in a contest
where the parties confront one another.
The candidate in whose favor a presumption is
raised by the naked certificates, has prima facie,
a right to the seat, and can lawfully Call on his ad
versary to begin the contest, by proving that the
returns are fraudulent, refs& or erroneous.
I)eceinber 27, 1865.
Receiving the unanimously certified returns of
Franklin, Fulton and Somerset for true, rejecting
the acts of the county board in Bedford and Ad
ams as nullities, and looking at the - original cer
tificates for the vote of the last named counties,
Mr. Koontz appears to be elected. If Mr. Cof
froth can show that the returns are false, or the
votes against him illegally cast, be haS a right to
do go, but he can have no prima facie title based
npoa evidence which lie has not yet given, and
which is not admialible except in the course of a
regular contest.
What I have said hereabout the duty of a coun
ty board, a district board, or a committee of Con
gress to receive the returns as they are certified,
does not apply to papers, purporting to be returns,
but known or believed to be mere forgeries, noth
ing of that kind is alleged in this cue, so far as 1_
know,..or have heard. J. S. BI,ACK.
Few persons have• any thing like a just con
ception of the onerous and responsible duties dis
charged by Col. Francis Jordan, datary Agent
for Pennsylvania at Washington. Under the
laws of our State he is instructed to collect boun
ties, back pay, procure pensions, &c., for soldiers
and their families free of charge, and he has most
energetically and faithfully performed this duty.
Le a matter of public interest we copy his report
Waollington city; Dec. 16, 18Gu. S
To His Excellency, Andrew G. Curthh Gocerncv of Prone"
Silt:. In compliance with your recent request,
I have the honor to submit the following annual
report of the transactions of this Agency for the
past year, ending on the 15th December, mir4.
The happy termination of the war since the last
yearly report, and the consequent disbanding of
the armies, and breaking up of nearly all the hos
pitals, have l greatly modified the character of the
labors devolving upon this agency, whilst the
amount of work to be done has not materially
The duties are so miscellaneous, that any com
plete classification of them in any reasonable space
is hardly practical, yet an arrangement of the
principle ones under the following heads may be
found advantageous:
The act of the Legislature, making it the duty
of this agency to collect the pay, bounty and pen
sions for our soldiers, mid for the relatives of such
as are deceased, free of charge, was approved on
the 4th of May,1864. As soon as practical there
after, I prepared the books, forms and blanks ne
cessary to the organization of this branch of du
ties. The first claim was filed on the 6th of June,
1864 ; and a total of 729 applications had been
entered at the date of my laskannual report.
Since then 1,920 applications have been filed for
arrears of pay, bounties, &c., and 1,673 have
. been audited, and certificates issued, or money
paid, as follows:
To fathers of deed soldiers, 385, summating to 887,141 66
To mothers " " 88, " 18,7 16
To widows " " 149, " 31,1
To brothers and sisters of deceased soldiers, 8,
amounting to `9,16147
To widowed mothers and wives of prisoners, 14,
amounting to 1,407 38
To discharged **Hers, 431, amounting to 81,831 81
Of the total number of these claims filled this
year and last year, one hundred and two have
been rejected, and one thousand three hundred
and thirty remain yet undisposed of.
In addition to the ribose, three hundred and fif
ty-three applications for pensions hare been pre
pared and filed. One hundred and twenty-six
bare been allowed, and certificates issued there
for as fellows:
To widows 74, amonotin,g to
" mothers 4, "
"invalids, 48, "
Totals., 126
Ot the total number of claims filed for pensions
this year, and last year, three hundred and fifty
nine yet remain to be finally acted upon, by the
pension office. One hundred and ninety certifi
cates for 'pay and bounty were received from sol
diers and their representatives, and the money
collected upon theta and paid over, amounting to
forty-five thousand vie hundred and forty-one
dollars and eighty-five cents.
Thirty-five pension vouchers were'also receiv
ed and colfeeted for the parties entitled thereto,
amounting:Jo two thousand doe hundred and
eighty-tltreo dollars and sixty-two cents.
Thus making the total amount collected by this
agency, during the fiscal year, two hundred and
eighty-two thousand eight hundred and fifty-three
dollars and seventy-six cents. '
Under the regulations of the departments,
claims are acted upon in order of the death
of those in whose right the claims originate ; and
the total number of applications is so immense
that this agency, and others, are only now receivi
ing the arrears of pay and bounty in right of those
who lost their lives one year ago or more.
The Legislature. at the session of 1662, author
ized the issue of transportatiOn, in certain easel,
at the expense of the State. In pursuance Of
Itis authority sundry arrangements were made
with the railroad companies, by which the re
mains of Pennsylvania soldiers, dying of disease,
or wounds, or killed in battle, and for one person
to accompany them, might, on application of the
relatives of the deceased, be transportAttom
Washington to the railroad station nearest Borne.
During the past year transportation has been
issued by his agency, as follows:
For the remains of deceased soldiers,
For Persons to accompany the same,
Fa other persons.
Tata . 894
The clone of persons over bodies transported
is accounted for by the fact that in some cases
the parties failed to recover the remains, and in
other eases the parties wore female relatives, and
out ofmoney, when transportation would be issued
for two.
The transportation for persona not in charge of
bodies,4aa nearly all for soldiers discharged from
Pennsylvania regiments, some sick, some woun
ded, and all without the means to get home.
A great many applications, are ttiade, to the
agency every day, in person and by letter, by of
ficers and men, their relatives and friends. Some
fur assistance in settling their accounts with the
Government; some for aid in drawing their pay,
bounties and pensions; to get transfers, furloughs,
discharges and transportation;, to be reinstated
after dismissal from service; for Eiecutive par
don upon sentence of court martial; to procure
removal of charges of desertion and of absence
without leave ; to ascertain the fate of soldiers
who have not returned home, and generally, for
information and instructions upon all conceivable
subjects. Due attention to this heavy correspon
dence, is no small item of the labors of this agen
cy. Our postage account for the last year is five
hundred and forty-four dollars and fifty -cents
(.9544 50:) and for the last three months the ex
rignditare for postage stamps has been almost two
dollars per day.
The persons employed here are the same as at
the date of my last annual report. On the 23d
of June last, under authority given by an act of
the Legislature at its last session, and by reason
of an immense pressure of labors consequent on
the large number of troops then going out of ser
vice here, I appointed Edwin H. Kinsloe an ad
ditional clerk. Oa the 31st of August following,
I dispensed with his services, believing I could
get along with my former force.
My intercourse with the President, Heads of.
Departments, and others, has been pleasant, and
attended with a reasonable measure of success
in my various efforts to serve our people and
State; and my knowledge of business routine and
friendly relations with the authorities give prom
ise of increased efficiency.
I cannot close this report without the expres
sion of my cordial thanks to your Excellency, and
to every department of the State Government,
for the prompt and hearty co-operation this agen
cy has at all times received.
1 have also to acknowledge my indebtedness to
Assistant Surgeon General Dr. Samuel G. Lane,
far intelligence, devotion and efficiency in his
branch of the service, and to Lient. Col, James
Gilliland, my assistant, and to Captains G. R. Mil
ler and John R.:Gilliland, raj clerks, for the fi
delity and zeal with-which they haie labored
ring the past year:
Hoping this hastily prepared report may give
you the desired information, I have the honor to
be. most respectfully,
. Your obedient asrvant, FR. JORDAN,
Colonel and Military Agent of Penn'a.
Life Pills parity the blood, Remove Headache, Dialßasa
Gidifitesis, Drowsiness, Unpleasant Dreams, Dimness of
Eight, Indigestion, Cleanse the Stomach awl Bowels, In
sure New Ldein.the debilitated and REsTons TUE Slur
TO PEasEcr HEALTH. Try them ! They only cost 25
cents, and if you candot get them of your druggist, send
the money to Da. J. BM W% Consulting Physician, 442
Broadway, P. O. Box, 5079, and they will be sent by re
turn, of Mail, post paid. Dealers,suppliod by Detnas
Barnes & Co., Wholesale Agents, New York. net.lB-Int
WHISKERS t WMSRERS I—Do you want Whig
kers or Moustaches t Oar Grecian Craupouud trlll loroi
them to grow on the smoothest ace or ale, or hate on
bald heads. In Six Web. Price, 11.00. Sent by mall
anywhere, clsoely sealed, on receipt &pica.
Address, WARKZII & CO., Box /4 Brooklyn
fob 15.1 y .. •
...~,sn ~
,458 &I
. $9 1,117 .49
.:,090 63
612,047 06