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fuThirsday MorNi1g, May 14, 1866.
: 'T. P. SLnE, Esq., is the
solo agent for this paper in Charleston
W. H. WIr'au.tts having becomo on
the its instant a co proprietor of this pa
per-is hereby announced as a co-part.
ner in the same. It will be conducted
under the name of G.m..tio, D.:s.
PORTCS & Co.
Is Mr. Davis Guilty of Treason?
The war closed moro than a year ago.
In the meantime thousands in the South
have beon pardo.ned by the Presiden t,
and pardoned for whiat ? For rebel
lion. And preparations are now mak.
ing for the trial of our ox-President on
the charge of treason. Has he beeni
guilty of treason ? As we are not con
scious of having rebelled, and have been
pardoned without trial, it becomes a
question of great interest to us to in -
quire why Mr. D.ivts should bd brough t
It will not do simply to assert, and
have no reason for the faith that" is in
us. All our conclisions must be brought
to the bar of evidence, just. inference and
reason. It shows a mind no loss gov.
erned by predilection or prejudico than
by apathy, to snatch at conclusions bo
cause self-interest, passion or cnstom
dictates then. Calmn consideration
should chiaracterise tho search for truth.
The Constitution says -
"Treason against the United States,
"shall consist only in levying war
"against them, or in adhering to their
"enemies, giving them aid and comfort."
T[here can be nto doubt as to the pre
cise meaning of any words or phrases in
this except these three, viz: "lIe
United Statos"-"against then"-and
"their enemies." If we show that the
signification of the first, of these is not
precise, the saime want of precision at
taches to the olier two.
What then con.Ititnlt.es the United
Status ? The phras "United States"
occurs fifty odd times in the Constitut ion,
and in every singlo instance means thi,
same thing. That is, a Unionl made u11
of each and every individual State orii.
nally adopting th6 Coistitution, or stil.
sequently admitted under the provisions
of that cunstitution. It is a collective
noun and, like the word "family," is not
limited to embrace a fixed unchangeable
number. And as every legitimate in.
crease of the latter is part ancd parcel of
the whole and cannot, be detached froi
the signification of the ilne of the
whole, so neither cain the teril "United
States" be partial in signification.
Now inc the draft of a constitution re
ported by the committee of five Onl the
6th August. 1787. the folrowing definti
tion of treason was given :
"Treasonc against the United States
"shall consist onlhy ini levying war againist
"the United States, or any of thlemn;
"and in adhering to the enemries of t.ho
"United States. or ancy of' them.
Members of the Convention wvho op.
posed the broad democatic principles
which some endeavored to ecngraft onc
the Constitution of thce United States,
succeed'ed in loppinig off' the phrase "or
any of themci * Had this report of the
commcittee prevailed. there could be no
doubt as to what wvonids be the sover
eignty ngainst wvhich treaso)n as hecrei.c
defined courd' arise. But there is a
doubt whether the definition of tresson
will apply to Mr. D;sis' acet as Presi
dent of the Confederate States, whenc
that confedoration wans composed- th'e
Uncited States which composed the
U nited States.
Treason tbea is levying war against
all the United States, but as the war
w.s levied by States agaidast States,
there is a doubt whether one war pety
is not just as amenable to thcechcarge of
treasofi against the Uinitedi States as d
thore The term ,"United States4," in
4ly ofthe Constitution, meanis somne
o Rttes, but all.
e sitis a. nrinciplo im cnmmon
law that the benefit of a doubt shoul(l
always fall to the accused, it is a clear in
foreco that some more definite ground
for the cha rgo of treason against Mr.
DAVIS ought, to be found that the one
drawn from tho Constitution. But a
there is no other, he shoul4 have the
benefit of tile indofinige one already
found in it. that is tho benefrt of the
doubt inseparable from it.
We have no doubt Mr. DLvm,, as re
ported, is anxious for his trial to come
of'. Where it not that the abominablO
test oath debars any assistance to Mr.
DAvis from able legal counsel at the
South, thi.,; trial would be one of the
imost interesting in all the nnnals ofjnris.
prudence in America. As it is we look
forward to it with with intenso interest.
If there he one feature more fully devel
oped in that trial than another, it will
be I liat the language of the Constitution
is inl some parts of that instrument too
susceptible of an elastic construction.
Freedimi's Burcat It Virginia allt North
We have read% with no ordinary inter.
est-the report of .Gens. ST:EDMAN and
Pu r..:rtTOX upon the workings or the
i4reedmen's l3ureau in tIhe States named
above. The fraud, falsehood, deceit.
corription and oppression. and theft too,
that they have brought to light, is
eniouglh to cover the whole system with
sh:1 me. High officials in their state.
mnei.ls lmissed the mark so far, that the
Commission hma( to term it. "prevaricat.
ing," which was as mild as dignity could
allow themi descriho it.
And what, pray, will bo thet revela.
tios i) South Carolina ! We h o for
the most a.tounding yet torn open to
piuhlic view. This poor d.solated land
hais been siked to death almitost by te
voracious vampyres of filthy lucre.
The worst kin-] of oil t.o have any
thin,g to do witl. is turm.oi--Jve/wn'e.
Be., leave to differ. Wo think that.
a B oil is worse.- A.t. Tndc.
There arA' some in thi locality woil1
differ with you both. They are inclin
ed to believe I hat t oil is worse than
You are all wrong.-From certain
kimds of liatforms. that have been built
in this region, and the descent of tle
"6stander on," we are irresistibly of opin
that e oil is worse than all.
A special d LOeatch to the Chinrleston
(..)utier, datel \\rashington, Mfay 13.
Th New York Ierald's corre-pon
dent, accompanyi-ic, Geiterals Steadman
ail 14,ullerton. writes ia follows
"4 The Commissionprs ind the
l1reo(imn's Bire-au ii Sonuth Carolina
a disturbing amd fomenting d1iscird.
Avolints from the Sea Islainils repre.
sent th perpvtraion of all kinds of
frauds aniid rascalities inder the shadows
of ihe Bireaui. The lands allotted un.
der Shiormain's ordeir are uini versally left
uncuilti vat id. The ne(groea won'it, la bor,
except imider t.he nahernativye of sta rva
tion: A fl'.irs latterly, however, are
imtproving. Thme great drawbacks in
SouithI Carolina are hick of' enpital and~
too munch of the Freedmen's Biureaui.
In the House, to day, the Judiciary
Committee decided that theo evideni'e
adduced t.o implicate Davis in the assas
ination is utterly unreliable, amid the
charge is, therefore, dlropp)ed.
TJhe bill for holding thle f"ederal
Court in Rlichm-umd next ,Jtne for the
trial of Mr. Davis passed both Houses,
and only lacks nowy the President's ap
MA,Jon- (1 anAL .Jonx A. McCRanWAXE
on v8Tira TuAox.a-Gen. McClernaind wrote
a letter to a recent Johnsioni meeting at Ma
0con. Missouri, In the course of which ha
Ulanoing at the President's reconstruction
poy, what, remaims to be said of it I He
Ihas oflioially andi formally .aDnonOd the
tormninat ion of tihe rebellion, and the foot
thuat each and allt of the .States are equally
entit led to oxercilse and enjoy tfme same re
lationsi to thme general government. What
should the disfranchIsed Stajes do ? As an
humble individual, revering t.heConstitutiotb
arid respecting the-.rigchts of all, I say lot
those Biatos elect their 8enators and Rto
preson tatives, reliair to Washington, and
iske their- ebtitled seats in those bodies,
peascabi , if tbey can, for-eibly if t,hey' must,
and let the consequenices Sake care of them&
The Homn.e of the Tennese Legist
ii, 4elapig that Aff.. Davia ad i.N
leading robeic have forfeitedl tJeialivee
ought to. suffer deoath atnd be held infa
Tho Test Oath.
Subjoiied is givon as large' ai install.
ment ai limjted spceo will perit ctte
able ar ifte'Mnmde before Jfge 1Mf
kine, o the U. S. District Court at Sa
vannah, by Ex Gov. Brown on the
opening of' that Court some few days
since. This argument was preceded by
one from that venerable advocate Judge
Law, which. will a!so be given in turn.
Judge Trigg, of Tennessee, and Judge
Bustteed, of Alabama, have severally
decided against the zonstitutionality of
this test oath as sought to be applied to
the Bar, and it is hoped Judge Erskine
may find his convictions such as will
permit him to reiterate decisions, so con
sonant with the popular understanding
of what truth and justi-:e, the Constitu
tion and the Laws provide.
Miy it Please )Yoler Ronor:
I am well awaro of the great impor.
tance of the questioni now under consid.
eraLion. He who denies the validity of
a solemn act of Congress on account of
its 1ngonstitut.ionality, should do so with1
deference and rospect for the department
of the Government by which it is enac
ted, as well as for the judicial tribunal
which is asked to declare it null and
void. I trust I approach this question
in a proper spirit, and with proper mo
Lives. In what I have to say I state in
advance, that it is not my intention to
reflect in the slightest degree apon the
coniduct, or to question the motives of
any ollicer of the Government. After
the scenes of anarchy and confusion
through which we have passed, I feel
much gratified to see tho military rule
once more give place to civil; and to
see the courts once more thrown, open
for the redress of grievances and the
geeral administration of justice. I
trust. they may never ngain, be compell
ed to give place to miltary tribunals or
milita rY rule. Of the pinace and quiet.
which Is being restored to the country, I
would say as the ECnglish Commentator
says of his government, A.to 11Cjd 111a /
In the discussion of this question I an
satisfied that reason and authority are
m,re in demand than declamation or
even eloqnence. if I possessed the lat.
ter, which .1 do not clain, this is not the
proper occasion for its display. As I
have eopivd most of the anithoaities
which I cite literally and as they are
nmerons and I have not access at pres.
eut to some of the bo,ks from which
they nro t.aken, I shall read' them, with
thit excepLion of some three or four,
from the manuscript copy which I have
It is solemnly declared in the great
chartor of EA-glish liberty, that No
fret-man sall be taken, imprisoned, or
disseized of his freehold or liberties, or
freo customs, or to be outlawed or
exiled. or otherwise destroyed or con
domed, hit by lawful judgment of his
peers. or by the law of the land.
Judge Blackstone says of this provis
ion imi the great charter, that it protect
ed every individnal of the nationl in tlhe!
free enjoymenit of his life, and liberty
and his property, unless declared to be
forfeited by thb judgment of his peers,
or the law of the land. [Com. vol 4,
p:agei 424.1 Agaiin, in vol. 1, page 139,
lae says: And by a variety of ancieut
siatues, it is enacted that ni man's
or goods shall be seized into the kiAIg's
hanads against the great charter anal thle
law of thoe land ; and that no manm
shall be dis-inherited, nmor puit one.
of franichises or freehold, uniless be
he dumly brought to answer, and be tore.
judged( by course of law ; and if any.
thing be donme to the contrary, it shitill
be redressed aind holden~ for none.
Mr. Vattel, in his standard work upon
the law of nations, page 33. wvhie treat
ing of the principal objects of Good Gov
ernent, says: Thes society is establish
ed with a view of procuring~ to those
who are its membets, thb necessaries,
conveniences, and enna pleasures of life,
and, in general, 6eeything necessary to
their happiness-of enmabhing each itndi.
viduaal fo enajoy his own property, and to
obtain juistice wvith safety and certainty.
Again, he says: 'The State ouight to
encourage labor, to anintate industry, to
excite abilities, to propose hionori, re
wards, privileges, and so to order mat
ters that every one may live by his- in
It is laid down in .the:'Declaration of
Amnerican.Iindependence, as a self-evi.
denat truth, that all-men are, endow'ed
1?y their Creator *,.with certaini uinaien
a ble rights ; tha am~rzong; these are life,
libert,y, and the -pursanit, of happiness ;
that o.secuire thestight.. go.vernmentLa
are justituted among men, deriving their
just powers ?rom the consent of thd gov
By:the above quotations,' atd others
thiat might be tlddedi:which are dlohbt
hess familiar to youar Honor, it will ba
sen: thati the celebrated=.Chiatter of
Enaglish liberty, the language "of the
great Elnropean author, and tho Ameri
cann Declaration of I.nende.nc., all
concur in laying down as fundamental
principals, which underlie the strmeutre
of good govehnment in ev6ry free State,
which i) lteislati4e bodly has a right to
ignore, disregird. or violate; that it im
tie duty of the Government not only to
encourafge labor and stimulate iidustry,
but to so order matters that fivery man
may live by his indu8try : and that t he
pursuit of happiness inl every innocent
manner agreeable to Lis inclinations
the exercise of honest industry in any
trade or profession which he may select
for the purpose of procuring i livelihood;
the acquisition. of property by his labor,
and thu protection by government of hi
life, liberty, person, and property
against overy, illegal and unjust violation
or invasion, are inherent inal:enable
rights of tie citizen or subject, which no
governmet can disregarded or violate
without inenring the just censure of oi
lightened reason for the exercise of ty
ranny and oppression. Bilt if the legis
lative department of the Governietnt,
no matter by what motive it may be ae
tnated, should s.) la,r trainseId ihe pro.
per boundaries wiichi have been pres
cribed to its authiority, as to in.vade thwse
sacred rights, protectehd as they are by a
law, higher than its enactielnt-s, it is ti
pride of onr system, that. ivindependent
judiciary whose duty it is to Lolt the
scales of justice in equipoise, us well as
betWeen theite c iizen. and the Govi
meit, as between citizen and citizen,
will vindicato :le njt 11jsy of the law.
and maintam the good ficih) am11l jiuSlice
of the Governtieitt, by declarilig all
such enactments as violate th0. funda
mental law, inopf-rative, nill and void.
IAO&t. us, apply this great princile. to
the Case now before your 1Hou ir. An
attorney of this Court,Twhose name IIs Ip.
peared upon thu roll.4 as an ollicer of the
Court for nearly ti.t years, whoso pri
viat! and prolessional 'c-haracter are of
the mot e'evatel rank ; who has illed
with distiniotion the positionl of it J udge
who wias a INion man as loiig,as there
wias a possibility of preventing the rup
ture; who never bor- arm-i itgaiis. the
Government of tle United States, or
he1 office inider tlie Confederate State3;
who hls violated nlo utile of the Commonl
la w ; cominitted to Coni lmpt for Court.;
collected i) money which it liis refis
ed to pay over ; acted in bad fAit-h to to
client ; u>r has been chargedJ, indicted,
or convicted under anv penal law of
this.9tate, or of tie Unlited States ; and
who has received a full pmrdn from tle
Pre9ident of the United- Stao-s for any
and every act which might, ervii bY im
p ication, be contrued as a violatio of
the law, beaise he cantinot ta'e a test
o1t.tI that he nerr "aided, comisciled,
ColunItenanced. or encorged tiy otnt
who bore arnms against tlie United
States, is to L driven from the bar, tiln
less your Holnor cat protect his rights
by the decisioi which yoik may feel it
your ditty to proioitle in this case.
While Ihe refuses to tiiko rh t-st oa
who says he has be-en guilty of rebellion,
or treasti, or other crim.>or mis4eivan
or, prohlibited by any law of the United
States ? \Vhat officer of tie Govern
ment stands here as his accuser, anild
upoti what, charge and spocifications ?
\Vhat provision of the peil cOde has
he violated, Ind when atnd wlere did he
do it, andt who are the witnesses against
him ? \V hat grtand jury has itndicted
hiim, anid upon whi, charge ? \Vhat;
petit jury has found him i guilty ? \V lint
Judge una pronionineed setntence uipotn
him, and wvhent was it donte, atnd where
is the record ?
One of the futndatmentalh maxims oft lie
cotmmotn law, which have been tapproved
by the ablest, jutrisas, and sanctioned by
ther wisdom of ages, is that every ma~n
shatll be presumed to be ininoce.nt till tihe
contrary is proveni. The akttorney is
enltitled to tihe bentefit oh this salutary
rule. He. stantds before you to-day as
did the women over eighteen hundred
years akgo, before the Judge of aill the
earth, with rio accriber, anid I trust thle
judgment of your Hotnor will be, nesither
do I taccuse dthee. He stainds with tihe
presumption of inntocetnce in his fikvor,
and as no piroohs is offered to the contra
ry, that presumption becomes concht
sive. How, then, is the Court to pun
ish iim by the forfeiture of his property
in his professiotn. and by takitng frotm
him his mneanis of Ii velih ood for the
coimmissioni of nt oflonse, of wvhimch the
p)resulmptioni of innkocernce, by an rule of
lawv which you c3anniot disregard, is con
clusive in his favor ? Such a proceed.
ing would not only7 violate, the great.
principles of -magna charta, but would be
8nibiersive of t.,io ver,V foundations tipoul
whichk our systemn ofAfoverhmenit resti,
In place of the salutary rule above muen
tioned, which has been consecrated, by
the wisdom of ages, it wopldggbieka
the contrary one, tht,~ every mild1 y
sumed to be guiltyv of a crimin
tiotn of the lawi tililie proes iwa i~
flocence. II he hias been gu~ilty of' &
crime, all must agree that he should nuf.
fer no penalty or forfei tThev,rag)
that it is proposed to forfltit his right to,
practico his profes3ion for hiis sipport,
presulpp)ses, contrary to ihi irutih, that
his gmit has been establishl bfore at
court of compctt. ji,risdictlion. O'ther
wise the forfeiture is anl unwarrantabie
and defenceless violation of thl grear.
principle, of organic law, laid down v
the high authorities which I have qIuot
ed, aIld recognized by every enlighten.
ed jurist. who has lived under free insti
tutions, in every ago.
[Continfld in our -iex1.j
TEL EGIRA HPIC.
Fort Goodwin Not Captured.
WAsuxoTON, May 21.-Liitt. Gtn.
Grant has just received a dispatch from
Major-Glnevral It. W. Halleck, in Cali
fornia, in which lie say.s that there is
not a word. of ruth in the report that
Port Goodwin had beeti captired by
the Apaches. and the garrison nassacred.
lie (01Amm11CeS the report as altogether
Tile Arrest of Freednien's lurenu Offi
W,ksmu'orox, May 21.-The P resi,
dent hits directed Mljor-General ITow
nrd to cause the arrest of every oWliier
of the 13rean in North Carolina who
is engaged or pecuniarily interested int
tie culrivation of plantaLioni, anl Brig.
Gen. W. C6. S-rong has beet disptchied
to execnte the order. Juidg. A dvecateo
G.neraI I ol has been insrietei b v the
President to make out. elm rges and speci
fications against these offleors with a
view to their trial before a court mar
W.ustNuroN, May 21l.-Geni. 1l:mks,
1is calmirmanii of lie Conmnittee it For.
eign Affiirs. will foon nmke a report
upon that part of the President's mes
sage relating to Miexico. It will proba.
ily define and insist upon the MoInroo
Boinbardinnit of Cano.
NVw YORnI, May 21. -Aspinwntil
d1ates to the 13th have arrived. The
Spaiish !4',et bombardriled.C.Ilao on tho
2d tyv wern repuls-d Iowever. do.
ing little d;amage Admiral Miniez wJi
lad'y wounded. 'Ile Pertivian So -re
tary of War was killed by tho explo.ion
of a batitery. The fight last el four
hours nid terminat.ed by the withdraw.
al of the Spalni-in fleet. Only a frw
hmrudred dolhr.-s worth of property wa.s
destroyed. The Spanish loss is suIppos.
ed to ie heavy. News of the Spanisih
repulse was received with great enthu.
siasn by the inhabitants of Pannina.
\alparaiso advices of tih 17th of
A pril report the blockade raised. Thie
Government is now enforcing import
and export dutins.
Latest fron1 Washington.
WASHIGTON, May 21.-The Iouo
to-day considered the following resoln.
tion of Representative McC im., of
Restolvedl, TPhat it bei referred to thei
Comimit.tee on Reconistruict ion to iniquiro
into the expedientcy of levying contri
butions oni the~ seceding States to defray
the. ext raordinary expenses dint. wonlst
o)thierwisi) h) impIosed on thle General
Government, and that said Committee
be itnstrnteted to report by bill or other
The Honso adopted the above by a
vote of 63 to 35.
The tax bill was discussed.
AFE~W1hundlred bushiels of COTTON
BEED (lat crp.)Apply to
WM. M. NIClHOLSON,
at. the Depot, Choster, 8. C.
Proposals to Supply the Mar
r plIE MARKET 110Ust will be rented to
1. suc hpartles as w i orntraot to furnish
Buntchmer's Meng, a1.11e lowopt average
-Applications fUr the above shlould be
hande , to thbe 2 0eeetgry of the Council
immediately .LA .
,nlay 2V06-- Sec. & Treas.
TJ'~III w'ndesikaied hpvinxg cbvmp!c'ea
:.LVtheltua(rsngements for this mnanurac.
treroses niore, of the~ best COTTON OiNS
*ee.I,adein thhs country, are no* prepare.)
to,Xegelve ordemrs from piante're anm. others,
tsnipggo purohnue. The long establishied
Mt4Wil'ttown reputation of Elliott's lot.
.to *%nv,iehp. *111hbe si, suffiolent guar.
rau4e that the artiele will give nt ire satis.
trationh .J. Mt .1 uvrIOr & CO