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The Semi-weekly Natchitoches times. (Natchitoches, La.) 1865-1868, June 05, 1867, Image 2

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn86053712/1867-06-05/ed-1/seq-2/

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A Desperate Ap~ay,-A most serious a!nd
heart-rending difficulty occurred in ortr streets
on the evening of the 3rd inst., between,
Mr. C. W. StauTr, (late register of voters
in the City of New Orlonrs, during theo
year 1864, but mcre recently carrying nn
husiness here as a Merc!,ant ) and Judge!
R. B. Jonts, (late of the &upreme Bench,)I
dis6 John and Doctor Jones. his brothers
During the iaflry, in which all the parties
were engaged, Mr. Staiffer was instanltly
killed. The Judge and Dnctor Jones, were
confined in Jail, to await their examination,
which took place on the 4th inst. John
Jones, escaped.
It was a sad and sorrowful scene, and our
peaceful rcmrnunity paraly.ed from ilei
shock. IL is said that bu-inmts matters were
the rcat'=. We do nrt know the origin of
the difficulty, tit antiously await such pro
ceedirg, ss will inUt; l; a in giving our
readers a ccrroet veoeion, as how this mel
ancholy affhar originated. l he warnings of
carrying fire arms, are very conspicuously
set for.h in this sorrowful affair.
An unsutcessful attempt was made last
night to rescue the psi:oners from J:til, in
which the Shariff. Mr. J C. Hughes, we
learn was rwondud, in the discharge of his
duty. Du inx the night, loaded fire arm!
were rep,-a edly discharged, but from what
caue, we know no'.
Lieut. Pierce has kindly fnrinished us with
the following statement, comprising five
Parishes. which we publish without any
farther commenrn'a:
Ending. P rishes. White. Cold.
May 18 ,Id'h) ........... 169 730
' 5 D.Soto.......... 290 8971
" 30 Natchitoches ...... 187 1356
29 Pab ne. .......... 193 1;6
" 29 W ,n ........ 398 16?
1,237 3,317,
Registration -We are indebted to O. N.
Blackington, E q., Chairman of the Board of
Rseistrars, for the number of persons regis
tered in our Parish up to and inclusive of
May 31st.
Whites ...................192
Colo ed,.......... ....1354
3aM Yesterday our landing was visited
by the splendid and \regular steamer, St
Nicholas. Rirer is still rising.
li We are indebted to the efflicient of.
ficers of the s'eamers St. INicholas and W.
H. Butler. for special favors.
9 Toe impor'aut "Question of Regis
tration," wh'ch occupirs most past of our
r.ading ma ter, w;ll be councluded Saturday
,; REad E. I!. Pierson's notice.
A railroad, 4 miles in length, will shortly
be built from the city of Plaqnemine to nay.
iga'de water on the bayou, so say the "Iber
ssW South.'"
------r.·.a" -_ -
President Lopez of Paraguay has accepted
tha mediation of the United States.
The Markeville Y41ager has publishod the
Charser of the Marksv.lle Educational As.
sociaetiou, with a capital of Ten thousand
dollars. Pie enngratulate our neighboors
This step will undoubtedly be followed by
other parishes Our means are so limited,
that this is now the only way left us to edu.
eate our thildren, and they are numerons. I
The onthern Relief Association of St.
Louis, haviig directed to my care. 150 Ba~e
Corn, and 7 lBarres meat. I cake this meth
ed of informnag all parties in ned, to call on
the memters of the P'olice Jury, of their
Wards, and proenure a cert ficate, stowing
that they are enailed to a a!tre of the said
Corn amd Meat.
All rd re duly cartified, will he promptly
atteaded to.
Mayor of Natchitoches.
May 29, '57.-tf.
A .Clrgyman, while residing in South
Atnaea au a misionasr', discovered a safe
sad ri16 remedy for the Cure ot Nervous
Waeleksn Early Decay, Diseases of the
Urinary iWtd Seminal Organs, ,and th3 who.e
sraiu of diordeus brought on by bManetul and
ieieous . OGreat numbers have beau
curld bY ' remedy. )rompted b3
a dualrs t nei~t 'f"iscta4 aed unfurtun
-. .P~pTt . 1NMA
~"~i~s~tsrb 1
ts.- Judge WFm. B. Lewis.-We are in
formed that our Ditri'Ct Judge will probt
bly be uunable to attend to the Court, itn
account of illness.
.Z I: is said, (don't know, how true it
is,) that a country member of the l.uuisianla
Legislature. d ling the sea'ion of that body,
moved to increase the pay of the law ma
k'rs. per diwldei " Perhaps he meant per
F A lady clerk in the Treasury l)-
partment, we read, who had saved up ,;on,
recently "found her money gone." Lucky
woman'-when our money was gone, we
never could tinl it.
At last account- Gen. Patturs,'n, conCress
rmen Morrill and Houston, and other Penn.
sylvania canitalist2, were at Ithchmond, Va.,
inspecting the water power and other manu
ufacturing facilities of that vicinity.
It seems to us that if thn-e gentlemen
would call on the commanders of the Cum
berland and Concress, Minneso'a, and Mon.
itor, they coull1 inform them as to the wea
ter powers tf Richmond. As to the manu.
factu r;nq facilities-no one can inform them
better than Gen. U. S. Grant.
r The largest woman in Maine is Misa.
Sylv',& Hardy, of Wilton, who is seven feet
high a%: weighs three hundred and fifty
,he is certaily a hardy woman Sup
poss her tongue was in proportion to her
height, good Lord ! If bhe ever marries wont
she make her darling "stand ro ind."
tv Fried Pork i+ a mild calainty com
pared with the curse of Ham
JP one of Si mese, was draf el at the
comme'cement of the late war, but was at
las' declared exempt on account of having
an oily hro' her depending on him ,for sup
Pn on a Tea Chest. -"Tu doces." Thes
words are t'Ve second person singular of the
verb doces, to teach, and when literally
translated, become "Thou tea chest
i' 'A circus was dnniel prmissi 'n to
exhibit in Le-. Ma- , lest it shou'd rdisturh
the deep religious feeling now prevailing
If there is any "religious feel ng no' pre
vailing" in that part of the country. we
ask all travelling shows not to disturb the
inhabitants. This is the first instance. since
the landing of the Piritano, that iich a
'f:eling" occupied a rriho in 3 Msnchrisetts.
Theii principal "feeling" hvre aulnravs b en
fr the bo',om rf the Smtherner's pocket.
Brethren let us prey.
r The wife of Gereral Ord's hrtherr.
Judge Ord, of Califoriia. died lately at
Was she not Cfen. Ord's sister-in-!aw ?
V At a recent fanc v dres. and masnoer
ade ball in P'srii, Missa Cfckaith, of New
York. appeared as the G(e"k Slave.
That might do very well for Paris ar'd
New York, but whenever that is tried here
we will inform the Bureau Headquarters.
l A Northern imposter has heon ewind.
ling the Georgia negroes out of considerable
money by pursuadlng them that be had the
power to make them 'citizens a d entitled
to vote.
Our colored citizens, will keep a look out
for this class of swind'ers, and inse'ed of
G'eenbacks give them stripped backs.
Impertinent.-"Say, Sam, do the tra tees
of th, town pnblish their Resoluti,ns. eh.'
"Yes, Jim, pec so, but they don't puhb.
lish their Executions."
k. Gen. Dick Taylor, is 'aid to have
taken the largest amount of National Banks,
.t.'ck on recor 1. The investment took place
near Mansfield, La.
To prer't Hydrophobia.-CI mb the first
tree, and'remain there until the dogn goes
pp- It is said that tte Grand Jt'ry, in
session, recently it, Virginia. was composed
of most part colored men, who was "tetch
ed" with the Bottsll. Give 'em 'Terpentiue.:
k. "I say, Tom, wat de matter wid
your mout."
'Dat wvbite man struck me dar. and I'm
gwine to sue him for damarges."
Ha! ha! hal Better sue him for repairs,
you gt damages ntf.' Go an see a doctor
and hhb him sew some of dat moat up. or
you will nehbr gel a situation unless you
fid y'ur own rations"
P RoFa Bonl' or, th, painter, has gon"
mad. ier ins nity consists in "inagiing
herself a goat," and, as Mrs. Gamy would
say. 'acting as aich."
Which kind is she acting, the Nancy or
the William ? We dent think she could
perform the William conveniently.
( New York has 30,000 children unmdr
twelve and rov-r five years of a:e who, are
deprivtd of the advantages of cinmmon
school sducation.-N. 7. Paper.
Send them to some other school, then
there is no advantigos to be gained by a
common school education. These fellows
are 'lways trying to take advantage of
-The Boston Post says Madame Jnarez
is becoming impatient to oocupy the appart
,meits in lMeri ' so tastelully fitted up by
the Empri ss Carlotta.
Good gracious! You dent say so, please
let us know when it becomes.
Muhiback has dropped Frederick the
Did Feddy get bhurt?
t? In the workiagmen:s procession at
St. Louis, a banner bore the inscription:
"Governor Ogdesby, an Eight flour man, the
next President."
Mr. Oglesby pretended to be a minute
,as during the war. We hope his friends
have not altered him, as his opinions were
always considered very great-of himself.
l7'- Th. St Louis Hotel in New Orleani
was closed yesterday for the season.
So was Blifkin's eyes, but not for that
length of time.
A Scotchmarn has invented an
apparatus ftr enabling a person to
pa.s tbrough or remain in a room
dnsel3v filled with smoke, in case of
tre i consists of an appliance to
Ee dfJsotitto the face, with a long
imen anl gotta perchba tube, which
reachea mat into thb open air.
O)pinion of the Attorney General of the
United States.
Washington, May 24, 1867. )
The Treeidetnt- Sir: I have the honor to
state my t'piioln upon questions arising
under th" act of ( Ma'ch2d, 1867, ntt led
".\n act to provide for the more t flicient
governientlt of t': rebel State-," and te
act of Mlarch 23d. 1,67, entitled " An act
a ppl'i' n tiaryv to an act entitl d ',It ai' i,
proyide for" the n o:o (tichient govirime'lliit,
of the rebel states,'" under which ques
tions militerv commulers of dlis riets it
which these Stdtes are coniprised have ask
ed your instructiins.
'I he tirt and most important of the-e
questions may be thus stat d : \WhI' are
en itled to vote and who are dlisqualified
from voting a: elections provided for or
coming wi' in view of theC' acts? The
first provision upon this subject is to be
found in th fifth -ection of the original at.
and dec 'ares the qgalitloations and disquali
fications of vt ter- for the election to be held
for delegates to the proposed constitutional
con, ention in each State. and to' an elec
tion to hbe held fo the ratilic:,tiin of the
constitution to be framed by such conven
tion. Tiat section provides thai delegates
to such conye rtion shall he elected by male
citizensof said `tae t, enty-one years old
and upward. o' wh ,tever race, c slor, or pre
vtout coalition, who have ben resident in
said State for one year previous to the day
of such election, except such as may be ds
franchised for par icipat on in the rebellion
or for ateion at common law, and that the
Fame qualifications so required for upon the
elect on for ratificati,n. The lproi iMo to
this a clion also excludes trou the fill
right to vote for delegates to the conven
tion every persoin excluded frnm the privi
lege of holding office by an amo,:d-neut to
the Conustitutio of the Unit'd S ates. pro
i posed by the Thirty -niaut Cooues, and
known as Article 14th.
The eighth section provides that until the
pe ple of said rebel States shall by law lhe
admitted represen ation in the Cotgress of
Sthe United States, any ci ii governument.
therein .hall be deemed provisional o ly,
and in ,11 re-pe's subjhct to the paramount
authority of the United tates at any time
to a',o ish, modify, control or supersede the
same : and in all elections to any oflie un
der such provi-ional governments all per
sons shall he entitled to vote with others
who are entitled to vote under tbh' pro).N
tons of the tith section iof this at Ni,
person shall be el gible to any office under
any such provisional gvernment who would
hb disqualitid from hiohliug utile under he
pro'isions of the third ar.cle, sectio---of
sa~,l constitutio 'al amendm'nt, It is to be
observed Ilre th:,t thye qualilic ,tion cnf a
votr are by the fifth sction limited tr the
elect on of delegates to the convei.tin, and
to the question whether such contventioni
shall not be held, and that no q,'alitica.tion
is doclnred f r a del',gate so to he elee ed
but by sixth section same qn'tuliiiCat:,nst as
to yo -r are requir, d n il l el tusi to any
office under th, sR esisti 'g proiso'atl go,
erFniunts during their c r titluance, andI as
to *tlilibiity at such elect one, cereain clads"
e are- excluded.
The first section of snpplemnntsl nact 1- -
vidos that the commuandig general i: each
di trict shall cause a r.-giStration to be
made of ci izens of the IUnited Stat s
twe,,ty one years of age and upwards, resi.
dents in eachi county or pirish in Sta e or
-tates inclnded in this di ricet, which regis
traion sih;lI in, Iude only those per.-ohs who
are qualified to Tote for debleates by origi
nal act; the person offering himself for
reg stration is also r quired to takei an oath,
which, ior convenience. I now divide into
paragraphs or sections, preserving. ai near
as may be, t:e langnage of the act. He
must swear or affirm as follows :
1. That he is a citizen of the State and
has resided in Stat'- fo: -months next
preceding \I ay- , when he takes oath, and
now resides in county - or parish of---,
in eUiIl State
2 That he it swanty-one years old.
3. Tht he has niot bee:in d:efranchised for
par i-ipatiou in i;n rebtllion or civil warli
against the Uniied Sates noror g r elo
ny co,,mitted against laws of a.y State of
the Urfi:ed Stat ess
4. That he Ir nver bhen a member of
any State Legislat,,re nr h, I, any execu
tive or jadiciai oicer in any State and afr
trward engged in i urrection or rebellion
against the Unit d Stats. or given aid and
comfort ,o the ,tenits therenf.
5. That hie has ivrr taken an oath as a
memb-r of Ca n~giess of the United
Staes. oS a alln tfticer of thie lited
St Ite·, cr a member of any State Lexiala
tyre, or asa excutive or judicial otoer.of
any State. to sueport the Constitutin of the
United States and afterwards ergaged in
insurrection or rebellion against the Ufated
g tates or given aid and comrfort to cgemio
6. That hn wrill faithfilly topport the
Conpstitution amnd oby th laws of the Uni
ted States, and will, to the best of his abii
ty, encourage other- so to do.
'The secod section of this at provides
that ifor compleetion this registratdo t in
any State, and after at least ibirty days
public n,,tice of thr time, and place which
the commanling gefeo r i shall appoint and
direct, an election shall be held for dele
gates to a conventin, and a rule is given to
fix the numbi.r of delegates to be elec ed
and apportionment of thsel dlegates itn
proper civil subdivisious, giving each sub
division representation in ratio of the reg
istered .otor,.
The third section provides that at the
rloction of delega'es, tine legistered voters
ashall vote for or against convention.
The fourth section provides for an elec
tion t., ratify the constitution that may be
framed by the delegate,, and the rignht to
to vote at this election is confined to per
sons registered.
The sixth sectir on provides that all elec
tions in S at1es mentioned in aid original
acrt shall durine the operation of such act,
be by ballot, and all officers makint said
registration of voters a d conducting sail
elsctions shall before entering upon the dis
cha ge of their duties, take an oath pres
c-ibed by the act or'July 2, 1862, entitl od
an act to prescribe an oatn ofoelce. The
first consideration wh:ch requires my at
tention on n the questi .n ns to the riglt to
vote arises rnpon the registration of voters.
Qurestion of qual.fication or disqualification
is fixed by registration No power i given
to any other board or any other authorit,
after registration i· completed to change re
gistry. Preons whose ntames are admitted
to registration are entitled. subject to the
limitation hereinafter mentioned, and none
others. Tain registration must be com
p,8ted befo'e the first day of Septembor,
1867.'i he functions of the boardrs a Board
of Registration will not be extended beyond
that txed time, but after that time the du
ties which remain to be performed by the
othters composing this board are limitxd to
hlIding and superiutending elections and
making proper returns to commanding Gen.
erals. This brings us to the direct ques
tion: Who are entitled to registration ?
First as to citizenship and re-idence. No
person is entitled to vote who shall not be
resident in the State one year previous to
the day of election.
It is not necessary that this previous resi
dance for a year bshould apply for registra
tion. A person in all oth- r respects enti.
tied to vo e is en itled to registration, al
though he has not been at that time a re
sident of the State for the tull year, for we
find in the supplemental act that the oath
as to residence does not require the appli
cant to swear that he has been a resident
for a year, but only requires him to state
the number of months of his residence, oon
templating a period less than a term of
,wo ve months. Th refore, as to snoh per
51ns 5o reg stered if it happensd at any
elotioa psglsequetly tobe held, that time
of his resindene, counting from the day of
election, does not cover an entire year. he
cannot rote at such election, tr this iup
plemental act does not. as to residence.
change the provisions of the original act. s10
it is expressly p ovided by it, an to registra
lion, that it shall inc ndo only those wvho
are qualified to vote by original act, to eat-
ry nut pnrposes of law in this resl ect. as to
residence aid as to citizenship. 'The q(ual
fcation statd in the original act is citizen
ship , f Sate ; but by tirst clautse, fleit se
ti:ri. i, the siirplemenlal act, regi;tration is
to b!' made of male citizens of the I nited
Stat" ; anl as to oath. thet appli ant is on
ly require: to s\:ear that hie sa c itizein of
the Stte. I .il of opiioni thi :t. he phrai-e
cit;zin of the St .to. a, used ill oath, is in
tended to itinclude such persons at- are citi
Zens ot the U1nited Stat"s and citiz'.-Is ,'f
State ai:d that an alien who has not beon
madtl a citizen of the U .ited States cannot
s:aftlv take the oath, but as the ltoaid of
Registratlon Lave only authority to al
minister the prescrihbed oath, they caln ot
require any further prof of oath as to eiti
z7niship; and if an alien liot a citiz, n of the
United .tates take- the oath, he tak as it at
his p ril, and is subject to prosecution for
Second, as to ang. No one is entitled to
regdslration in this respect; Qn liticatiot
is to age differs from qualiticatimlts as to
Sresidence, and the fact that nmajrity mlnust
exist at the date of registration has relation
to the day of regi-tratio', and not to the
day of subsequent election.
Third. as to disfranchismrent. I shall
consider various clauses of disfranchise
mont, according to the order and division
into sections hereiubefomre stated. And
first, as to the general elawue declarinig
disfranchisement. Thi fifth. section of the
original act denies the right to vole to such
as may be disfranchised for participati ii
in rebellion, or for felony at commotn law.
The notls "'ii the rele lion" mloit be taken
to lmean remat rebellion ; Lt the supple
mtniital act eonlarged thIi disqualitii'atlon
and retquires the applicant t"' swear that h11
has iot hIben tl-fraiichisedi f" r particmpation
in any rebellion tr cit il war against the
Uniilad Stat.s, nor for felony comnunitted
against th J l:aws of any State o. the United
States. What then, works a distranlvhise
t ment under these provisions Wuetlher we
;consider this tdisa ility as arisintg front
t participation in rebellion or commission of
Sfelon,ii the more fact of such pairti, ipatiot
or cornieiisiot of a ,elonious oilence, does
not of itself work disfra.hcbisementt. It
" nium t he ascertait'd by judgtnetnt of c urt
i or 1 g;sative act pin sed by coipet nt alu
t irrity. Disfninchisement fir f'elony com
tii ittcd againlt the laws of a State or the
r United States c;,s'eqit,tnt on a conlviction
I in co:lt. ith"r of the Ut1i eul States or of a
Statg, or declared Iby laws of either, would
i be tatal untdor thes, nefts, I amt not aware
of an' law of ti', I'nited Statss which
w rk's dlisftauclsemnents to right of suf
frage by force if act itself, nor does such
I consoqilencds fdlol' from conviction for
I tirolon or eiotiiracy to commit treason,
t or for any other act of pattiipati'lon in
r bellion. 'I lie provison (,t thl (toul.titl
s tion of th" i'ndi States asto I reason
aIim-I the Unitid States. dtoes not dectlarte
uwhai shill Is pttiilhit i at on col'v etlio, of
Stre,.,m--that i, ,ft fir" ('ongre's, with
imitation that corrnuption of blood shall
not fIllow an toseqlieuenCe. or any torfit
Stnlt exr'pt duiintg lite of party. i ongress
) iI etercise of ts power to declare punitsh
Smnter has Imrited such plnnlihslinet. a, a
icoselltuence of a conviction, to penalty of
death or impiudsontumet. free lom of slaves
of party, and to iiilsualifcatlion from hold
ing any office idler tile Uittd itates. I
am nott adisedt of ary statute now in force
. in either of these tn -tates, except, I el
haps, Virgini . hich declares disfiauchise
meut as to the fight ot saffrage by force of
th' act itself. The fourth and tiftih sc
tions may be considered toge her. The
party applying for re..i s ation must swear
that, "I have never been a inenther of any
State I,'gisla nrc, nor held any ex.eultive
or iudicial office in any State. and after
I wards engaged n insurrection or rebellion
against the United States, or given aid or
comfort to the enemies thereof: that I have
nerer t keu an oath as tmembotr of 'o:1
gress of the United States. or as an officer
( of the United States, or as a member of ally
S tate Legislature, or as an executive or
f jmtlicial othier ;f any State to a ,pport t e
Constitutiou of tbho United Stat a. and
faftrwarlds enzagedl in insutrr etion or re
bellion asainst the United States, or gi\en
aid or comfiirt to enemies tlhereoft." These
c, tuses ol oath in elffect extend dstfiran
chisement fevoud the provisions of the
original act, an] the prior clauses of the
oath its-If in the iniporlant particular that
Sneither conrivetion nor j dgment of couirt,
Snor an express legislative enactment is re
- quirefl to estrablish the fart of dis:ranc:hise
ment in legal pa'tince. Di-franchisemolent
undr th* clauses of the oath, results from
I unm:tte's in peis. In one respect these claus
I es limit the gnes ality or the original act
Sas to diafra hbi'ement arising fr m partici
pation in the rebellion, whereas disfran
Schisement under these clauses do not arise
fromn participation in the ribellion alone,
- but other elemnent. must concnr; that is to
say, holding certin offices of taking
Sofficial oath by certain otfficers, and after
ward' participating in the rebellion against
ithe United States. Consideration ofthe
I two clanuses lea's of two distinct subjects
I matter of inquiry. First, what offtlices or
,tfleers are comprehended. Second, whbt
acts amount to engaging in insurrection or
rebellion against the United States, or
giving aid or comfort to tie enemies thi're
of. I will first consider what otffices or
oflears are comp ehended. A8 to some of
the officers there is no room for doubt
members of State Legislatures and mern
bhrs of Congres are clearly enough desig a
ted. Question might, however, srn-e
whet her a convention held in a state for
framing or amending its constitution would
answer to the description ofa State Legia
la'ure within the meaning of the the act.
Sn h convention, although cloth-d with
legis'ative power, cannot pro,eetly be de
nominated a State Legislature, and in the
acts now under consideration a convention
and legislature are expressly distinguished
from each other, for they require the con
stitution to be framed by a convention;
they require the Legeslature of the same
State to adopt the constitutional amnd
ment. When then, i, the sanme acts they
again nse the phrase L gislature of thbe
State, they must be understood to use it in
the same asnse and as distinguished from a
constitutional convention, but as to those
l1gislative bodies which passed what are
called ordinances of secession, or by what
ever name they may have been called, I
am opinion that the membrs are properly
comprehended within this disqualifying
clause, for I can imagine no official legisla
tive position in which the duty of allegi
ance was more distinctly violated Next
and more difficult inlquiry is, who is to be
considered an officer of the United States,
or exectutive or judicial officer of any State
within meaning of these clauses. Va'ious
classes of olficers are here intended-State
officers and Federal officers, and executive
judicial officers-no legislative officer is
mentioned except member of the State
Leuislatnre or member of Jongres. The
de-criptions used as to other officers are as
to State officers-thatjudicial are not ex
pressed. He is described simply as an offi
cer of the United States. It has been
shown that Federal officers and State offi
cers are classified separately in clauses of
the act under consideation, I deem it
profitable and conducive to a clear order
to follow this classification. I shall accord
ingly first consider what State officers a'e
included in the ternms executive or judicial
This phrase is twice used ih these claus-s
with the superadded description in any
State in the first clause, and of any State
in second clause. I think the controlling
term of description, if there is any ambig
nity iu the terms, must be taken to be the
last, for that is used in the most compre
beasive clause as to the very officers nam
ed in the first clause. and to others be
itid's. It. is the amune term of deseri tion I
used in the act of Congres. of 1769, dcclar
lng t!;at State oflicer ate retlltir°ed to take
oath to support the Constetution (it the
United R-tatt's, and in the third sect.ou ut
the c,,ns:itut outl anmerndatent : huth use
the sarIo terms of d.ecrciptiou -- txeculti.:
anld judicial offit:ers of a State. The termlt
are to t general an I letinite that they f:.l
Ito express with Futllcient certainty the
dlescripti n of persons A hich .ure intceided to
he reached.
It is to be regretted, in a m:oiter of so
mt:ch imilortince, that thie rill, of Ideignst
tion adoptt'd as it, 110 nllhelbr: of'('ngres
and Vtale h gisiantn s hil t.,t I.,'ee fblOnw
etd litp or, it that tere lotlld imttpractiea
hie, siioe Isr dtinitil g. nutr.tl u iles h dI
n1ot been decilared T e tnccrtaitty be
co(t ns Illitit'st in at pheatluto 1of la, a:d
t is uTnc.riai y n..cssa ie. constructh: l.
Ih le nt asily for construetiouns, which
ari-es ronm the generality of the law. could
not hle litter shttel t t hhaii ill e language
of i lowde : T,,ootg i the words be general
they are to he rtduct'd to a particularily
by eypositiotn tilde accordin2 to the intent
ofthe act. 'ITiso stat.,es which cotIpre
bet;d all things in the latter, the usages of
law have expouledtl to ext iud but to some
things; those which generally pr1tllhit all
people frumt doing such i a ct, tihy have
interpreted to permit solte p rsons to d , tt,
and those which include evetry' Ierson in
the letter, they have adjudged to reach
1someI peIlt$rons only ; all ,eing tound d on
the intent. collected by c·n id nri.g the
Cause kiind itece sity of tithe act, ault cotl
iaring one part with anothfer, asometines
by foretign circumstancets,) I deem it a
proper place to fix some clear ideas of the
igetnei li intent of tlie act,, and by what
rtlot (of c(.tclusiot;-str ict or liberal-that
jintent may' best be arrived at. 'The iu
tent, as expressed is to I)- enable the
people of ach o tlhe States to traute a
tcoultittution for the State, by the ex' tcue
of the right ofsutli'age. These are clauses
of the act giving the right by genotlal terms
of description to the people gener:lly, and
1 especially t t thos who have net or cujoyed
the right before. There are other claus
, es o tihe act which, be general terms,
take away this right of attrt'age f.oiu
thtose who have always enjoyed it. The
i le of contruction as to clauses which gives
I right must;be liberal, antd its general terms
iutst not b. restricted; but clauses which
,dcrogt.te from ex sting rtigt, the rule of
construct otl nautst be strict, that nllOle thould
be excluded who aCe Iot clearly wtlhin the
lett, r andtl itent. 1 begin. then, with the
iitltqui y whither oflicers of militia of State
are within these terms of de-cripti;n, and
I have no doutbt that they are no)t. Ucr
to ily, Co:)gress, as to the oflicers of a
Sta e, was not, inttent to use the t rut at
Slargu' and t itho't qualilicatiou. bult, as we
set, intentided to ,qnaity the generat t'rmi.
SIf the purpose waI to designate military
otilhers tho usual words to anitrest tha;t
Iitett would have been the judicial and
execu ire, the ci il or military ,t/hicels ut
thit State. Ace'tird.nly we lind Mithen
thati was the pitltlpt'se. s we see it wa.- Il
bth tthird sottt, -)t of I.:o cOub:lrilloul
ametdmtiet, kowin n, articlt t1t',een,
C.,igress expresl' sed that pll-po.e \very
cleasny. l'lat stc i.tn pIroat 1t that nI.
person shall I Ia Se:tator oc p' reseat.itie
in Congres-, or ,sct,: r of l'r.sident or
1Vice Plrcsiditt, or Ihouh any t ulic:. . cth i or
tmihtary, under the t uited Salte, or utlser
any State gtternmnttet, whot, aityiag previ
I o:ly taken an oath as a tw'inber of .-on
gegiS. tr as an otice-r of the Uunited States.
oj ;itS a tniltub rier of any State Ltegoiatulre, or
as exec:ttiv judi orjudit otficer of taitt', to
stuppoo t the CoUnstittl ion of the Untied
States, shill have engaged inll IistireeltiOl
. or rebellion against ltie .same, or givste aid
or eomfort to enttemieS tl t 'ler s third
sectio i is expree-ly 'eterretd to lttlre that
o.ce itn these ac:s; it is made. iu tact, part
of these acts; its langttagno as tul)iwvcd
word for word in these diqualitying l;tita
es as far as was i ossble, exetrt t: ute par
ticular in which ouo is made to aitliiy to
e igibility and the other to right to sote.
When, therefore, we ti d that Coagre's, in
d,,c arin wlhat persons stalt be disfrat.
chised from ho diug any ottice, expressly
itcuehdes mtilitary as well as civil otlilcers, 's
in the thirtd sttion of tihe Iamendlimeut:
anid in providi g what pctsitns sthll be
di-franchised fr. i voting an;d who held
I any othitce, andi omittiug tt ti htiot mtilit
ly olfficers, we c ilinot escap- tile Coueltlsioll
Sthat military otffi:ers 'were iot here wtchti
ther tcotiomllpIlln. Iti its itapoible to
imragine a cse in wlhich the couetiuctiut
from laws in partt ottrht'in Las amiroe
coent applicationi, lor it is evidenlt her
that thie law-uaker, in framittg dlsiqual: t
catioas took slecial cogntza.ce ot the thu
section of the amnndltuet.t and weighedI
word by wo;d, 101 owing it materially O
exact language, anrd rejecting every \v th
iutuanded to embrace a military oillcer
must be borne in mind that we are
considering the class of military S o
who were such prior to the rebellion,
Sthe office was lawful, atd who were IIn
Sas office:s of the militia, not that oah
became military otliceru during th I
lion. as to this last class, they : c
on that other clause on di.lual e t
which applies to particip:ion iu tbel
lion. r
Second having the inquiry th renm- ia
scribed to civil officers, tie ques ct t
what civil lfficers ate to be b t with- ba
in the terms executive orjudici cd r of mi
a State? Tb y clearly inclu far 1 ern
executive officers are concernt all such
otfficers as are gene ally know tte p11- rite
tlar description of State offiee fli e of Inu
SState. In one Fense, the dese exeu- ul
tive officers of a State is appl ti a well Io.
known chlas-the Gover o ieuut col
Governor, State Auditor, T 'i, Seret
ary or Stute, and ctate office per who
exercise executi-e functions ieat of Goe.
ernminent. I am not prep to say that I
only these proper State oLt oCe withit
this term of description, n 1 p-epared
as to judicial officers of ' to limit the cei
descriptiot to judges of c hose jtris Sts
4diction extends over th e State. I
must content myself in s of these offic
era, executive "o judici at they ale
clearly within the met of the law. sill
Now. changitg the inq rom an affirm- ma
ative to a negative pro iuch Officers as siv
Iusually pa's under the ription municip.- fo
al, do not come withi rovisios of the
act, such aa officers olf, towns, villages clot
and subordinate an nicipal divisions, giv
whether th ir func are executive or d
judicial, or, as is so a the case, where
the same officers ac e same capacities.
Outside af these tw p.ctive classes, thle WO
first of which is cl witlhin and the last see
cf whichis clearly ut the purview, we the
find in ea-h of th ates a host of officers
whose status is i way to be determiu- pro
ed. It is imposs re to pIoceed it way ibr
of enumeration distinguiseh by name ty 1
all those who ncluded and all those
who are exclu 11 than can be done is ud
so establish so ed rule. I feel the ne
cesity of cire tion here in saying who tex
are included n the di franchisemsnt ui8
rather than ing who are not includ
ed, for whe re is doubt, according to
the rule ofc cton which has been re-.
f ,rred to, bt must be solv, d I favor inc
o, rater t inst the right of the vot· 000
or. The e n is all comprehensive as and
to time, a lies not only to those who
were in o n the rebellion commen-.
ed. but s who held the prohibited phie
fces a revious time. alth.ugh they is p
may ha d to hold such office an it. that
definite of years prior to the rebel.
lion. nded on the idea of a breach
of offi t due to the State as the author mail
r do must. It is founded on the idea of de
ofa of trust not a ising merely from in o]
allegi a citizen, but duty to the State f.ra
in a offical relation to that Stare and
thro at to the Federal Government. t1lj
So this act designates by name theI The
he vi, lated such a trust, it is that side
Shose keeping the trust is confided-
Ssay, the persons who were clothed
, legislative power; whereas in this tig
,n instance there is a purposr' of exelhrin i eO n
r- commlon ground, alnd one class is designlted
ke as coming within the pu:rp} e and other
be clasises are ft indefinite, and only tb be e.
ut certaiued by constructiun. It i= allowable
e, to finld the i:,deftiite class by the rule of
" d a -ituilati 'in We, se. them, in this law a
i, purpose of esCludioi as to the three g'cat
Ii detartmenti ofia tate-legislativc, juldicial
Sand execltive. We see. fuither, that as to
to the legisl.ative department, made up of a
legis!.aiv, body composed of members and
so I urious olE,.'" s app-rtaiiing to such ita body
,t- aI t L ',r . attri', t e exc tiicn i. only ofi
-..s }li t}/,' io11,- i"s o~f tihat bhldy- the hI irn -
t i. s-:1l is 11o ealiedi to i's tiuboildinittt
a- I i r.'''h Itermis if exclusiio ire not the
l( m rnllt: ('rs lid ofli,:eri ol a state' Iegislalive,
,e. but :imply the memnibers of a State Legiela
,d tire; thetefor., the , zclusi n in the legisla
:i. I ideptrlrlmetit has efle'.t only upnll the
cll higheFl' cias in that depart nlmt 1. iýs ale
id to assume the scmo policy of exclusion at
go tach's rather to uch officers as exercixcd
al functions of. impoltant trust ii executive
iy and judicial departnents lb 'ii to thlose
!tit whos't fuuctioas are merely limited and sub
,e- ordinate. I hive already called attention to
of the conipreh tuiveness of these exclusions
ne as to persons, a1d to say that they embrace
all al ollicers, lace and small, corning in any
ve sens" with n~ie de-criplionl of es'.Utive or
it, judi ial ofiliers, who hlve at anr timne der
ill in'g their Ii s held any oii: of these offices.
ch It would l hve this inevitable result. that in
on the forumaitII of the Clstituttion fbr a!
lie State by tie agency of its own, people a
ue- laige propoltiou (a lmajrity) of the mo10 t in
ets telligent, and ca)able of tile people vvould lie
a exiludell. 'Tbhr" is nio part of imy duty. in
hle attempting tc give a co(nstrleli ill to these
at laws, in whin I findo myselt involved iln
at sucrlh painful incertaijty as in determining
in- what officersi'tside of the classes alreadyI
he designated caOe wiithin Ihe just range of ex
a clusionl. I tive said liat in Addlition to the
The class of oliiers who clearly co(n) withinI
see the tornm ,tf te act as judicial urd executive
ils oflicerl of tot Sate, sud to thlone clasis
nil which cotinehented militia at.ni nuuicipal
ed otficers, wb clearly are nlot within the
us- terms off li actl ther 'ienr!:is a ivat blldy
us, of offiers wsi' St sti8 is. 11 som111e way to
anu bh defined,; tiei ar.' kIt l Iw in p·'phul' lain
'lie guage y liCh: 'll't of de0crip!loln as conuli
.ee i t, tiwnsii. l"ecinct oflicers. Their name
aus s l'egi n, ttu~fictioni s and duties ate, for
ich the mnlst part.trjtllv local; somne of them.
,,t sul as sheri.s, justices of county coiiiits,
lid have jurisdicou over the entire county;
the others are rericted to smaller civil suni
.ie divisions. I lre directed abstracts to lie
ie prepared for ach of these States which t
id will exhibit allhese oftious and the duties
cr- which appertn to tlieml, and the form of
fta oath requires. I tuslt reserve for further
,t consideration.iftr it,' abstracts ate lead,.
we the question vecth r all of them, or, it tot 1
, all. u h:t clasps of tlese officeis come wltu
yin the disqlulnctieh. As to all oilther tx- t
i;t ,c tive or j,a iasloticer who are not, in
lad popiulatr la311nhug '. haracterized as county t
ot todicers. I ati:in'l d to ,i'nsider th(in ar ;g
el colling lunlder the er oirpt iii of executivi '
-u ;.nd jdwcii:l i!c~1 if : el: at ithin the,
1.1 u ieaihig of thesI 110 . fI it, it n plr'l r
Ii I"1iie ii il eli l i tc to SI i,t ii. ý i oilc,-is n
)ry i.ui, u 'il or c' c (') %111) ar. y the i dlea
S lait t. w ,ui, o i i t ralio ii 1 c
die difranchihisemnlt lo distig;inh)1 the C1~5 .
ot whose dtitr, arti''t r:a;iL.ed, who stand in
or dli cCt r..atin ,1he ,talt', alid who in ily P
l1e1' oliliti)l cannloproper:y be desigiiated as V
i- executi'e or iicial oltij'er- of a ,'t'te-I p
º mean ihal, c. 01 posons w ho exercise
-es. special tp bliou-i's, rather in tiihe inttrt of'
or au occasional ivloyvment thanii gnel:lI anti I
to cont nutlg Ili( TH (Ihstiuit onil I.etwt(ell
ed otlice ild e.'ii'll'ei' -between ail officer t
on of a `tate milan agent (of 1a itie--i wecll
,id estai lis ed. it'"ce Ti ligi:n i, :i Serg
aLd and Rawle, '90,e t 'ognizi' in it the casem
ati of c. lmiisdters l1' oiinted to lay out C
rt r ads and 'tls andi otiher work: of public a
Ced iiul t eineth Ihe iquestioi atisis- onil , dec- fi
. tinl in il ottititlntii of 1'inn iiin lnia
ar- which prolA that tl.e Goveru(,r sn.,ll 1} )
I, I 'lnt all e (* w hosIt offices ill, r"etablish- O
te ed by lauld ul.se appoiltnielit are iot j
in hern if, id d for. The (:hief Justice, says ft
i ... it has beo' ,en accertaincd nor is it ('a4 )
, to asc1o w toi what flice this Itoertl oI
Sappoicnut exteudt. I speak otlieet
at: CLeaty law nece the makng ot tit, Coo
h t tl The wonrt othlic is ort very vague ir
ndd ehinite import. Everything c ucertI.
t'e admil-tianioli of justic- or the gein.
i eritres s of society mnay be ruppos4ld i to
it hiii the luuninlg oft ihe constitutioti, II
t cialiu if f is are iinni.xe1 to tie office i
;3 htte aIio tllitters of t'onl)olary lr d iii
S'co)l:, which althangl ,iottilr henidedi
t*,e tenln odji:e, b:tve not be).nl thongfht to !
nllbrat~ced by tlie Constitution, and when .1i
Ilicus of itht kiid 1ave beenl created, the
gi,latute has sonm,,tiines mlads tlle ap. r
:ointmelint in the law which created them;
somtl, eu s given the aplpointm, nt to others t
than Ihe Governor. 'he officers of whlom
I am speaking are often described in acts of a
a-:emily biy thli iamile of comnmissiouners.
such for ilstaice.e, as are emplu ed in the
laying ,of roads and canals and other work Cl
of a public niatlre. Yet all th se perform a t
duty, or in other words, exercise an othies. w
1 cannot eunumerate all of th" employmrint- t
under State authority which, in ny opinlii,
work no disfranc!hiiement. I wi I name
some, by way of illtitration, viz: Boards of at
onimiies oners of ptllic woe ks. direcoirs of or
Sta'e sylo5, S, Visitolar ,f St:dI univrsCrities. Si
directors of Stlate. lpeiri etiaSry, dire tors of
banks or oth. r cotorporations, spel- cornm
mi-sioners or agents appointed by thile Govr
ernor or other Stte airhority in perlfbrm
ipec al duties, as examine a of banks,. nota
ries public and commissioners to take ac
knowledgments of deeds, and lawyers. Thti
rule laid down ii these illustrations will
Io. i erhap', sufficient to determine who ac
cotne within its oerations. to
(To be continued )
Discovery ofthe Silk Plant in Peru,.
The Desarfment of State has re- ti
ceived information from the United n(
States Consul at lambayeque, Peru, lo
that an importatt discovery has re
cently been made ia, Peru, of the ye
silk plant, Preparations are leing
made to, cultiv,:te it upon ai exten, aF
sive scale. The bshrub is three or wi
tour feet in height. The silk is en- me
closed in a pod, of which each plant fir
give, a grlat number, and is declar fe
ed to be superior in fineness and tli
qualiy to the production of the silk
worm. It is a wild p)erelIial, the m
seed small and easily separated from a
the fibre. The stems of the plant yo
produce a long and very brilliant yo
fibre, superior in strength and beau ra
ty to the finest linen thread. Small ha
quantities have been woven in the S
rude manner of tlthe Indians, and the lto
texture and brilliancy are said to be ite
The Selma Messenger states that
since the first of January over $3,
000,000 have gone from that city
and the country tributary thereto
to the north-west for plantation snp
plies. And the Messenger says, 'it
is perhaps, not too much to estimate sio
that at least as Auch more must go fro
n the same direction during the re- du
nainder of the season. Six millions 40,
>fdollars from five or uix counties, die
n one year, for bread meat and ity
:.rage !And the cotton shipped frmn set
his port will not exceed 4,500,000. The
rhe balance appealrs on the wrong m
ide;and another year of such linan' l
icring will utterly destroy the plan- afte:
ing istereets of the sectionl." Jani
1 oa"n a ATTrrAPAS, May 11th. 18(6f.
;nfltird Afr. Lditor-As it mey be of interest to
lt her snmn of your readers. I take the liberty of
be ea. set,,ding you a lew itemis about our fair coun
wable try.
tile If T'ihe g'ne'ral talk here is about elections
law a and how they will be conducted hereafter.
g'ea't Citizens ot both colors are registering-- but
Idicitl us let, lcv white oare taking the right step.
as to SoItle say' that they are not goilt to equitliVz
p of a thtu.lvcs, but thi-i will c'rtaiuly pass off
rs and ete long. Thb" freedmen ate going to nrt
body towns by crowds in order to register their
ily of nsrfus ; by thnus e omfsg citizens of thi
1'a+i-I Unied .'tate. omne of them, aln4 they
liintit wiill I rove it, bei the majority, eay tha.bt on,.
at the of theirs. born free before the war will run
alive, otr the next G (vernoralsip, and that he cet
gisiH- trinly will receivethe majority.
gisla- Tbh crops are growing finely, planters tnrt
n the at work and anxious to rneced ; the freed
nafe men working well and faithmul to their du
, at- tiet. Most part of the Bayou Teche lands,
rcitetd is overflowed; water being as high ~ in
utive 1,28. Some of the Warehouses at New Ibe
tltose ria. were under water, and at St. Martin
1 sub- viile. Duchasmp's Ware house had its share
0on to of water. Every boat bring families from
Isions Biya u Lafourcheo, and oth-r localities. seek
brace ing dry lands to cultivate. At Lafayette,
any partial rains would do well.
ive or Your old townsman, John Mouton. Mar
ldirt ried on the 6h oft., to a young beauty
flices. from Grand Cotau, Mliss. Alvinia Bou
st ii drt a. I think I hear of the loss of a vene.
l',r a rable citizen, from Lafayette, Mr. Valerien
. ei a Martin, so well known by all. The Mason
t in- is fraternity has lost one tf fis faithful memu
1I he lers and the Society, one of the true at men in
. it that P'arih. Poor old friend, we knew hnm
these well and we keew also how to appreciate
1 in hits virtues.
initg Truly vyour Ac.
o the The above correspondence was inaverta
ithin )l tuf-taitnel. We published it only as a re.
it c cord of the pa t.Ed
cipal . . "**'-- - .
the The Aulhlor of Disrord
y' to 'O the Editor of the Sew Or
ian lea(tt Timesa- \W\io "has thrown the
!u'  apple of discord among'dt u1s? Who
.for Mfs caused the riota in various
hewm. Southern cities? Who is it that is
uits, getting up an anttagonisln between
",y, the white and black man, and labor
S1,e ing to bring on a war of races? Let
hich us see who are lesponsible. During
,ties four years of te rible and cruel war
o r' there wire thomsands of colored
tho.people' with ;caruce all able-bholied
t,,t wliit,' man, or live pounds of powder,
ito ior fit L gons in ten miles square; but
iX there were no insurn ections, no I ioto
uty tiorl scar ,e any nact of violet(:e. I:at
n ar dies lived on plantations with large?
,tiv numbers of 'loricd leople, with-
the out. on maole protector, }t , W hill s
,' mit if, after tihe war hoi,.ed, and the
ale 'lo Ille than wa3 eiiia t'ipated,
t g g it;tR""e al ,tli.ý'.seeket- : had
P renail~ed at lithe tni the S' t l hetn
people of all races in peace, they
as would soon have peacefully and
-I pleasantly adj;lsted thli.mselves to
'':e the situation. The races would
;of have continued what they were be.
ce - fore -friends, frie ,ds tiom associa
icer ti i andl interest Tho: cc loard inlit
ell would ha:ve accepted his new post.
erg tion with rmoderation--would have
ot cheerfullyv taken service in house
b;ic and field, and legaided as his
Sfriends those who gave him honest
nl,;emp wll and fair wages. Nona
is;_h of the pre- ent anxiety o.r agitati(on
,ot i wonld Ihave islunrt ed the equanitui.
myH ty of the public mind. The colored
·a man would have gone forward iu a
eL- muderale and heahthy developmenit,
on- wisely appreciating and judiciously
gue improving his advantage., A llour
rn. great industrial interests would
to rhave prospere I and the whole coun
on, try gone torward iun a prosperous
,e carec'r ,,f reteperatiori anid social and
'fd linancial imnprovemen;t. Shall pro.
ito gramme so desiteable ani so poe
ien sible be frnustrated? Shall the land
the that ought to smile with peace and
aelrejoice in abo,udinig p!onty, be
aCiits t eatt ,er.d wili vi,'. cc, ud want'
ol Cannont all classea see who toe the
s of authors ofut tihe growing' tlt:qneit a0l1
irsa discord" Cannot :all see Ilhe selfish
ork end of all their dangerr-oue maclina
to a tiotiS. Let ris w ll irodIrHlon, |llt
ho with unviu:d tig a'd tnwearied
nt-' trlmnnes. ,'o-,tinute to ,,e.:ptc'as and
aOtt, t1l up in the clearsrt light the
of self-seekingc tueithora of all the antag
of onism bhel Ween the rsace' in the
es. South..
f NP&, Ori:ans st ,186'; CtrrzrNs
o'- -
. I OA Uueer Courtship,
hbl In a small county town in Hart
Jill fort county, Ct., a widower who hIad
he acted thie part of a brute and tyrant
to his wife, went shortly after the
demise of his spouse, to pay bie re-
spects to a buxom widow, who, like
her suitor had not the beat reputa
e- tiou for suavity of manners and meek
ed ness or temper. Thie following col
u, loquy ensued :
e- "Well madam, I am come to see
he you "
ag "Well, you may jr'et clear' out
nl again, for i'll have nothiig to d,
or with you. You Inetdn't think to gi't
n- me. You abused and whipped youc
nt first wife, and I know what kind of w
r fellow you are. You can bet high oh
nd that !"
1k "Yes, I did and if I had y''u I'd
he make you toe the mark. I'd give you
m a d-d good thrashing every tirr.e
nt you deserved it, and I wouldn't let
nt you vote if every woman in town
al ran to the polls with a ballot in her
hl band."
-e Strange as it may appear, thiq very
me loving and romantic couple were un
ic ited in the "hloly bands otl' padlock"
three days afterward.
"WFas ever woman I1n thie hrmoer woo'd?
at Was ever vwoman in this humtor won '
' We think not.
Disposal of Pnblic Lands in lMissouri.
t Returns received by the Commis
e sibner of the General Land Office
0 from Springlield, Missouri, show that
-during the month of March last,
s 40,819 acres of the public lands were
s, disposed of at that office, the major
d ity of which was taken up for actual
n settlement rinder the homesntead law.
). The cash sale, amounted to $6,199.
DIED. in this town, on the 2nd Instant,
after a long and protracted illncess. Johu C.
Janin. ET,.

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