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The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, August 24, 1871, Image 2

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' . ' C-Putaihip Nertictv
The undersigned have formed a co-partner
this, to be known as the Statesman Pcslbh-
iko Goxpixt, for the purpose of publishing
a paper in Austin, Texas, to be called the
act such business as belongs to a publishing
company. -.
- . JOHN 8. MoEWEN,
Austin, July 20, 1871.
Of Travis County,,'
Of Smith County. " i
Of Grayson County.
, ' : HON. D. C. GIDD1NGS, '
' Of Washington County!
ELECTION October 3d, 4tb, Sth and 6th.
THURSDAY ............AUGUST. 24, 1871
The Denjocracy of Washington
county will have a barbecue on next
Thursday, at Evergreen.
The New York city papers are call
ing on the authorities to prepare for a
visitation -of the Asiatic cholera, by
strictly enforcing sanitary regulations.
The Lawrance (Kansas) Standard
eaya the famous guerrilla Quantrell
was positively seen and conversed with
-rr-t-tt r; it: , . . : ii
in 1868.
Forrester, the alleged Nathan rnur
' derer, ia said to be secreted in the
swamps of Louisiana, near New Or
leans. lie wrote a letter to . one
of the New Orleans, papers re
cently denying tnat he , uaa any
thing to do with the Nathan murder,
and offering to surrending himself for
trial if he-could be assurred of the re
mittance of bis thurteen years of
- sentence in the Joliet (111.) prison. '
The citizens as well as papers of
Cincinnati, are just now very busy dis
cussing the question of the Sunday
laws. : The Jews of that city have
rather turned the tables upon those
who wish to apply to Sunday the old
Mosaic law for the observancr f the
Sabbath. They have petit imed hi
Common Council, asking thai a Mnct
law compelling the observance of Sa-
' tnrday be at once passed and enforced.
Judge Hancock
Has just returned from GHIespie and
Blanco counties. He made a speech
at Frcdericksburgh, Saturday evening,
and one at Blanco city, Monday He
is satisfied with the reception he met
with from the people. The Judge
will leave this morning for Prairie Lee,
where he will address a large concourse
of the people. - t-
- The Judge will make a tour through
the western counties. . As boob as we
. get the appointments we will make
- them known to the people interested.
Of course every body will go to bear
him except the miserable, cowardly
Radical who can't stand and. hear the
'truth told. ' V
As to the shooting in Bastrop on the
11th of Angust, 1871, in which cue
policeman was killed, it is but justice
'. to the good citizens of Bastrop county
to say that at ten o'clock at night the
body was found in the Court house in
.its blood, no lights, and no one pre
. paring to dress it.. .Thomas Cain and
Mr. Gran, citizens, accompained by
Judges McFarland and Bacon : and B.
H. Davis, called and inquired for the
body, and found it in the Court house,
in a dark toom, undressed. ' They
bought a (."rent suit, hired men' and
bad him washed and laid out decently.
Mr. Cain ordered a coffin at $40, the
citizens bearing the expense. No
officers of the county were present ex
cept in the funeral, which occurred
next day, when Jo Young was seen
for the first time.
Executive Military Interfer
ence with Judicial Authority.
We have heretofore published an ac
count of the gross and shameless
usurpation of Governor Davis in set
ting aside a decision of the District
Court, and by military force replacing
a health officer, in Brazos Santiago, in
this State, after he had been judicially
removed as ineligible, upon the fullest
proof and a fair trial before the District
Court of the State. A IVieud has
placed in our possession the proof in
this case, and a very full and minute
statement of all the facts much too
voluminous for publication in this pa
pef. We, however, assure our readers
that there does not appear, in all the
facts, one single cirenmstauce to miti
gate or extenuate the crime of the
Governor, or to exempt him from lia
bility in damages to the party thus
illegally and forcibly deprived of the
office in question.
. If the Governor should be impeached
and removed from office, as he ough'
to be, for this high crime nd ni.Vde
rneanor, the health officer in question,
thus illegally and forcibly deprived of
his office, would not be thereby indem
nified for the pecuniary loss of the
profits of his. office. Let him sue the
usurping Governor, or his military in-,
struments, for this indemnity. In the
terse and pointed language of the TJni
ted States Court of Claims, "The Divine
right of Governors to do uaTrfuI acls
may be considered now, as in Great
Britain, entirely at an exd." See
the opinion of the court in the case of
E.. M.Brown vs. the United States,
reported and published in pamphlet.
In that Tery able and learned opi n
ion, the law on this subject is thor
oughly discussed, as it exists iu the
United States, Great Britain, and most
of the European nations. Let us re
jnewber that in car country, it is a
matter of just boast that "there is a
Jegal remedy fo-: every legal wrong !"
Jjet all injured citizens appeal to the
ouxts for red re b in all sach cages. It
cannot be denied without Open corrup
tion or stolid ignorance.
A friend - end correspondent has
placed in our hands a voluminous
statement of a late ease in this city, of
Executive meddling with tho courts.
We alludo to the case of McKee, sev
eral times referred or alluded to by
the Governor's mouthpiece, the Jour
nal. We cannot, of course, publisb.so
long an" account of a matter -of such
comparatively " small" magnitude, but
wilt only state the substance of the
case and the official action of the Radi
cal authorities thereon, viz: This man
McKee was traveling through this city
from Laredo to Brown -county in thS., - u,up,
State, on horseback. He carried
pistol in sis eaddlejg wrapped up
in his clothe
(act he volunta
rily commor.,aieirto the negro police
man, as advised to do, he said, by the
Mayor of San Antonio, as being law
ful- Upon this, he was arrested and
taken before Justice Smith, of this
city. The Justice appointed able coun
sel to prosecute the case, before a jury,
acceptable to all parties two negroes
and four white men. The Justice in
structed the jury, in writing, in the
very words of the statute, called the
arms act, and the jury found a verdict
of not gnilty, and the Justice caused
the prisoner's pistol to be surrendered
up, and he proceded on his journey to
Browu county, in the northwestern
part of the State.
The negro policeman, not beinr
' " .1 - -- . i .
same to Adjutant General Davidson,
the commander of the Davis Alexander
standing army. That functionary
called on Mr. Justice Smith for a full
account of the trial and acquittal of
McKee, and was furnished with the
evidence and the written charge of
the Justice made te the jury. This
inspection of the record, the charge of
the Justice, the evidence and this act
of the Legislature not being satisfac
tory to the Governor, he "directs" the
military omcer; Davidson, to write
the following insolent letter to the Jus
tice, which we quote not only Jo "show
that our Governor claims the right to
dictate to the judicial officers, as if
they were his Orderly Sergeants, or
mere body-servants, but also to let our
readers see how he construes penal
statutes. The Governor s left bower.
Adjutant General Davidson, it seems,
was not "niRECTEn" by bis Excellency
to qucte the whole of the section he
garbles, by leaving out the proviso,
which is in these words :
"Provided, that this section shall
not be so construed as to prohibit any
person from keeping or bearing arms
on his premises, or at his own place of
business ; " . . nor to prohibit
persons traveling in the State from
keeping or carrying ariis with their
But he was only "directed" by his
Excellency to omit this proviso in the
same section'from which he does quote,
in order to give him the chance to say,
'Saddlebags not being considered
baggage under the law." Alas! poor
Texas, what a wicked ass you have as
a Governor 1
Office of Adjutant General
and Chief of Police,
State of Texas,
Austin, Ang. 9, 1871
W. Smith, Esq.,
Jiuiio of lb Peace, Anitin, Texts :
Sir : Private : Simon Alexander,
State Police, reports that on yesterday
he arrested one McKee lor carrvme
arms in violation of the ''act ta regu
late the keeping and bearing of deadly
weapons," approved April 12, 1871.
McKee, upon being brought to trial,
was immediately acquitted by the jury
of any violation of law, and his weap
ons returned to him.
The Governor directs me to invite
your attention to section one of the act
above referred to, which reads as fol-
ows : "That any person carrying on
or abont his person, saddle, or in his
SAUDLEBAG3, any pistol, dirk, etc., etc.,
unless he has any reasonable grounds
for tearing an unlawful attack on his
person, etc., etc., shall be guilty of a
nisdemeanor, etc. '
It is difficult to conceive by what
contortion of the law in question an
acquittal could be arrived at in this
case, saddlebags not being considered
baggage under the law ; and in the
opinion of this Department, Policeman
Alexander was fully justified in making
the arrest in question, the man NcKee
beiag guilty of a misdemeanor accord
ing to the tection of the act above
I am sir, very respectfully, your
obedient servant,
James Davidson,
Adjutant Geo. and Chief of Police of Texas.
m m m
Hancock and Degener on llie
Stump Together.
We are glad to learn from the San
Antonio Herald that arrangements
have been completed between the
friends of Judge Hancock and his
opponent, Mr. Degener, by which those
opposing candidates for Congress are
to address the people of Bexar county
in front of the Menger Hotel, in the
citj of San Antonio, on Saturday, the
26th. This is by far the most fair and
manly way of discussing the interesting
questions now engrossing the public
mind, and we thank Mr. Degener' a
friends for agreeing to this arrange
ment. Our Paper What l be Democ
racy Think, or It.
A friend from Clarksville, in Red
River county, in sending a list of thir
teen subscribers to the Democratic
Statesman, says :
"It is a good paper, and I hope it
will be read by every Democrat in the
State. The number sent me is literally
worn out from constant reading. I
have been iu town but one evening,
and the following is the list of subscri
bers to date, which I hope to increase
one hundred. I have an agent pro
curing subscribers, who has not re
ported progress, but suppose he will
add quite a number to the list."
A letter from CRddings enclosing
subscribers, adds : "Politics are run
ning high in this portion of the country.
Many citizens say that they will not
pay their taxes. One of the assessors
told me that he could not, and he'd be
d d if he would pay his taxes, and
that he wonld trust to future legislation
for relief. He was elected by the
truly loyal of Washington county."
Compulsory Feature Inline
Radical Scbool Law.
Those who heard Judge Hancock in
his speech at Barton's Spring, on the
1st inst., will remember with what
clearness and force he brought to view
this odious and tyrannical feature in
the Radical school law, and dclarcd it
against common right a plain usur
pation by Government of the natura
rights of parents in relation to their
children, etc. ; '
It now , appears that the views of
Judge Hancock, our candidate for
upon this point accords
Iw're decision of the Su
ar buiiu (jnuuipie, wuuoui wuicn iree
government and personal liberty can
not exist.
In. speaking of this subject, our able
cotemporary, the Columbus (Miss.)
Democrat, says:
"The Supreme Court of Illinois re-
cently dealt a very wholesome blow at
one ot the most favorite schemes of
certain class of reformers. - The de
cisioii it rendered was upon the ques
tion whether the Legislature possessed
the right to establish a reform schoo
and provide for the summary commit
ment to it of children who 'are desti
tute of proper parental care, and grow
ing up in mendicacy, ignorance, idle
ness or vice.' It denied the right, and
maintained that its existence would be
unconstitutional and subversive of the
principles of republican institutions;
that parents were the legal and proper
guardians of children, and that their
right over the children was supe-
Jriorothfl StateA.writor- in the
mcrican .uaw itesrister commends
tins decision in the strongest terms, and
says, 'there can be no question, it is i
every creditable advance in favor o:
liberty, among the children of white
parents, as well as those of a more
sombre hue. ' All classes of men, and
women too, under it, may keep their
own children at home and educate them
in their own way.'
"The idea that it is the right and
duty of the State to enforce education
by taking children from their parents
is the legitimate result ot the views
which gave rise to tho common school
system. The latter have no more
ground to rest upon, cither in reason,
or a constitutional government, than
the former. And while the decision
of the Illinois court may be a 'credi
table advance in favor of liberty,' a
complete overthrow of the whole plan
by which the State is converted into
an agent for educating the masses
wonld be a vindication of the princi
pies of enlightened progress as we find
them developed in a wise and benefi
cent philosophy.
xne class or retorraers wno are en
deavoring to make of society a huge
machine, with the crank at the seat of
government, are simply adopting the
exploded theories of another age.
Under their system every grade and
every class would be compelled to look
to the central power lor that which
they should find in their own brain and
muscle, and qb a consequence univer
sal stagnancy and retrogression would
take the place of progress and improve
ment, lheir views have taken hold of
a large portion of the people of this
country indeed the Black Republican
party in euforcing the common school
system at the South, have carried them
into full practice and if something is
not done to counteract their baleful
effects, we may calculate with "safety
upon a dreary future."
The incompatability of thistyranni-'
cal and barbarous feature of the Radi
cal school system, with true liberty, is
so obvious as hardly to have escaped the
attention of its authors; but we pre-
eume it was adopted foi that very reason.
It was framed as a means of buying
votes to keep the party in power, for
it provided salaries for many thousands
of officials, to be paid by taxation of
the people who are to be subjugated
by its operation to the will of these
unscrupulous tyrants. The more the
subject is considered, the more glaring
will its iniquities appear. Now, be
lieving that this compulsory part of the
law is destructive of vested rights and
void, we hope our citizens may refuse
to acquiesce in its enforcement until
this question shall be determined by
the court of final resort in the country.
If our rights and liberties are not worth
this struggle, they are not worth hav
ing. Hero is opened to the patriotic
and aspiring sons of the law a glorious
field for the display of their learning
and eloquence. In some sense, the
lawyers of a State are responsible
for the good and legal government of
the people. Their aid is now loudly
called for. In the glowing language
of Judge Bledsoe of Kentucky, more
than forty years ago :
"Even one great and good lawyer
and statesman is a blessing to his coun
try. Ilis goiugs forth resemble a
messenger from Heaven beautiful as
the morning to the sous and daughters
of affliction, but to the oppressor ter
rible as an army with banners.' "
Grand Mass Meeting of Ger
An enthusiastic rally of the German
Democracy of Victoria, was had at tho
Scbutzeen llall. on last Wednesday
night. About, one hundred and fifty
were present, and when we take into
consideration says the Advocate, "the
suddenness of the call, the result is
flattering in the extreme :"
"Mr. Charles Leuschuer was called to
the chair, and Mr. A. Goldman ap
pointed Secretary. The Chairman
read an address in German, when the
Democratic platform of principles was
read and unanimously adopted. The
Chairman introduced Mr. J. W. Stoy
ton, the orator of the occasion, who in
an eloquent and logical and exhaustive
argument, discussed the issues of the
day. The speaker was greated with
aoplause frequently, during his speech.
The meeting adjourned at half past
eleven in high spirits, and perfectly en
thused iu the cause of Democracy.
We hope our German friends may
continue to meet from time to time,
and keep the ball iu motion. United
and determined, as we now are, we can
toll the knell of Radicalism in Texas,
when we encounter them at the polls
in October."
Three cheers for Victoria and her
faithful German patriots.
It is the opinion of the Cincinnati
Gazette, that "Protestant-banded
societies, for political or other action
or influence, would become at once
the tools for demagogues, who care
nothing for religious or civil liberty."
The Meeting or Tax-Payers In
: .Austin.
On Saturday last, the 19th instant,
the tax-payers and solid men of Tra
vis county, met en mass,wilhout regard
to party, to consult together and devise
Borne plan of action to relieve the peo
ple from the ruinous taxes now being
levied upon their property.
: The meeting took place in the open
air, on the corner ef Congress avenue
and Pecan street, numbering about one
thousand persons. ,
Hon. George Hancock was called to
the chair, and Mr. Joseph Snjnce ap
pointed Secretary. August Ziller,
Alfred Smith, J. W. Hannig, M. C.
Hamilton, and W. M. Walton,-were
appointed a committee to draft reso
lutions suitable to the occasion.
The meeting was addressed by the
Hon. George Haucock and Senator
Hamilton, with, telling effect, upon the
oppression, distress and ruin about to
be imposed : upon : the people by the
forced collection of the enormous taxes
now levied to support the standing
army of State police, State guards, for
school purposes and public printing.
After showing up the monstrosities
of the party in power and the inability
of the people to pay the exhorbitant
taxes demanded,. Senator Hamilton
8 poke of Gov. Davis's post-dating the
school bill, as an -act of inadvertence !
He could not think he would do such a
thing intentionally, but he had no
doubt that section firs of the school
bill was repealed by the general tax law.
. In concluding his speech to the ap
plauding multitude, he declared that
he would not pay the. taxes, now at
tempted to be collected of him.
. The following preamble and resolu
tions were presented and unanimously
adopted : .
Wukbcas, la consequence of the want of
accurate information as to the value of the
taxable property in the State, inadvertence
on the part of the Ezecutire in defeating the
repeal of the fifth section of the "act to or
ganize and maintain, a system of public free
schools in the State of Texas," by post-dating
its approval, the burdens imposed for the
support of the Government is ten times the
ordinary rata of taxation in this State ; and
wnereas, (ine lm orerisned condition in
which the disasters of the last ten Venn hare
left the people, with the certaintr now of a
blighted harvest, renders it impossible to
meet the demands of the tax gatherers ; and
Whereas, Delay and ereat difficultv is a re
prehended in the collection of the taxes, even
ii iney can De collected at all ; therefore be it
Resolved, That we. the tax-Daverg of
Travis county, in mass-meeting assembled,
without dietinction of party or creed, recom
mend that a convention of tax-payers of the
State assemble at the citv of Austin, on
the 22d day of September next, to consider
the condition of the people, as well as the
legitimate wauls of the Government, and to
memorialize the Legislature for an abatement
ot the taxes to the necessities of the State.
and thereby avert threatened trouble in the
attempt to collect the full amount of the
Besoloed, That the Legislature be further
memorialized to repeal the act of the 15th of
Angust, 1870, regulating elections.it being
manifestly repugnant to section four, article
three, of the Constitution, and by the en
forcement whereof the intetmty of the Gov
ernment is threatened by leaving it without
a Legislative department, and that a general
election be ordered, in October or Novem
ber next, as is plainly required by the Con
Jtesolved, That the lax-pavers of the several
counties in the State, who concur in the fore
going resolutions, are earnestly urged to
co-operate in this effort to modify the bur
dens under which we suffer- in common, and
to avert, if possible, the Spending menace
gainst the most important branch of the
State Government.
Resolved, That each and every county in
the State send up a .delegation to the Con
vention. Resolved, That all papers in the State of
Texas, friendly to this movement, be and
are hereby requested to publish the foreeo-
going resoluli ns, and to urge the people to
meet and select delegates to the Convention.
After the adoption of these resolu
tions, the following gentlemen were
elected as delegates to the convention
to be held on the 22d of September,
1871: . Morgan C. Hamilton, Alfred
Smith, Louis Horst, August Ziller,
Giles Bnrdett, Aaron Burleson, C. S.
West, E. M. Pease, Felix E. Smith,
W. Brown, A. J. Hamilton, Her
man Ureen, W. M. Walton, M. H.
Bowers, H. W. Sutor, Ed. Zimmerman,
and George Hancock ; when tHe meet
ing adjourned in an orderly manner
without the slightest disturbance what
ever, to meet again Saturday, August
26th, to take into consideration the
Governor's election order and ' other
matters of importance.
There was displayed by the actors
in the meeting a fixed determination by
the people no longer to aid, uphold and
support the standing army of Govern
or Davis and thereby perpetuate the rule
of the odious and corrupt party now in
power. The people are aroused, and
know full well that money purchases
the sinews of war. No money, no
martial law ! No money, no drunken
policemen ! No money, no secret de
tectives and spies! Iso money, no
Winchester rifles and ammunition !
Texans are not yet prepared to yield
as abject Rlaves to such masters as
Davis, Davidson, Tracy, Quick & Co.
The people are now, as they ever
have been, willing t pay every legiti
mate expense of the State Govern
ment. Wonder!
Where is the State Government
Davis, Newcomb, Davidson & Co.?
All off, hard at work organizing loyal
leagues, trying to get a foothold for a
few more years stealing !
Democrats, they will fail, if you do
your duty !
New Postoffices. The following
new postoffices were established in
Texas, August 7, 1871 Blooming
Grove, Navarro county, Wm. H. Glass,
postmaster; Crawford, McLennan coun
ty, John Hamlin, .postmaster; Lime
Creek, McLennan county, L. M. Bar
rett, postmaster.
Gen. Ewell owns 3,900 acres of
land in Maury county, Tenn., 1,200
of which are under cultivation. He
has 1,200 sheep, Southdowns, Cots
wolds and half-bloods, and 400 head
of cattle. He works a dairy with 50
cows, averaging each a pound of but
ter per day. Ilia entire butter pro
duct ia bought by one hotel.
Mrs. Amy Franks of Pennsylvania,
has 500 living descendants, though
she is only ninety years old.
Notice Democrats Notice.
We have many inquiries .in regard
to registration, and in order to meet
the demand for information we say: -
1. Every male, twenty-one years
old, who has been in the State twelve
months is entitled to register and vote
in State elections. , lt"' f
2. If he has resided in the State
twelve, and in any county Bix moulhs,
he is entitled to register and vote in
all State, county and district elections.
3. Those who have heretofore reg
istered need not register again. If,
however; they have lost their registra
tion papers, it is better to register
anew. ", " . .
4. No man can vote unless he is
registered. , :
5. Every Democrat should see to it
that he and his neighbors are reg
istered, and that the registration
papers are safely kept. . r:
6. If there be any men any in
neighborhood too poor to pay the reg
istration fee, let Borne friend pay it for
him. .
7. See that your name is correctly
written on the book of registration.
o. vigilance ana energy are re
quired of every man who wishes to
discharge his duty.
9. Let no small matter deter you
from registering and voting. .......
10. Upon the activity and determin
ation ef the Democrats defend the
salvation of the State.
If Democrats let lethargy overcome
them, or if they, from any cause, be
come careless and indifferent to' the
public welfaie, they thereby betray
themselves, their friends and : the
State into the hands of Radicalism.
Beware of doing so.
Texas Troubles.
The Ntw York Herald, of August
10th, speaks in this wise of our diffi
culties : -
"The reports of our special corres
pondent at Brownsville show a very
foolish and ridiculous quarrel between
the Governor of Texas and the courts
in relation to the appointment of a
Health Officer of Brazos. If such is the
usual business of the Executive and the
courts we think they might be much
better employed."
Its telegraphic reports, under glow
ing heads, concludes as follows, alter
stating that the Governor called on
the would-be Senator, Reynolds, for
United States troops iu the premises :
"General Reynolds telegraphed Mc-
Cook, stationed here, to protect Wood,
and McCook offered Wood the requisite
aid, but Wood refused to proceed to
"The quarrel is entirely between the
republicans, the citizens of Brownsville
having taken no part in it ; and, in
truth, there is no mob, no disturbance
and no Kn Klux. Everything is peace
ful to-day. The State police arrived.
Davis, who is evidently misinformed,
threatens martial law. The whole af
fair is only an effort to create disturb
ance for party advancement."
As to Davis being "misinformed"
scarcely meets the exigency, though the
conclusion is correct. It is knavery,
in all its hideousness, nor will tho peo
ple brook the infamy much lougcr. -
Bastrop County vs. State Jour
nalMartial Law, Plea ku
Klux Outrages, etc., A Com
plete Refutation r the Infa
mously False Charges.
We regret that our rpace forbids us
to publish from the Advertiser furnish
ed us by a friend, all that appears in
that paper under the above bead. But
not without real humiliation and shame
as a citizen of Texas, we extract from
that paper the facts, that the Govern
or's mouth-piece, the Journal, has ap
parently stated false and slanderous
matters, knowing them to be false, for
the base purpose of justifying the
grossest tyranny by the said Governor
Davis. We are ashamed to write the
facts as disclosed, but do it under-a
sense of duty. From that article we
only have room for the following.
"Again the State Journal says: 'It
is well known that Marion Harrison
a Democrat, testified before the Grand
Jury, that fifteen disguised men, call
ing themselves Ku-Klux, came to his
house at night, and stated they were
hunting negro school teachers, mean
negroes and Radicals.'
"Mr. Harrison cannot tell us what
testimony he gave in before the Grand
Jury, but below we append his state
ment as to what he knows regarding
Ku-Klux etc.:
'In the Austin State Journal of the
Gth inst., appears an article in which
my name is connected with the recent
action of the Grand Jury of Bastrop
county. I was before said Grand Jury
and testified. I was sworn to sccrecv.
and do not feel at liberty to say what
I stated, but in justice to myself and
the public, 1 cannot permit my name
to be used for the purpose of mislead
ing others, and to the injnry of the
people amongst whom 1 live. At the
time the Ku-Klux appeared at mv
house, there were a camp of State Po
licemen about three miles distant.
From my best information I am satis
fied there were fifteen or twenty of
them. When the disguised Ku Klux
appeared at my house, I went among
them and tried to recognize some one
of the number, but could not do it.
Their horses were not disguised. The
moon was shining brightly, and I in
spected the horses closely and am sat
isfied none of them belonged to the
neighborhood, nor did I ever see one of
them before. When the police left the
vicin'ty the Ku-Klux disappeared, and
I am satisfied the Ku-Klux were the
same police in disguise.
Marion Harrison."
Godiy's Lady's Book. This valuable book
for September is at hand. Every lady that
has ever bad a peep at it pronounces it too
good to do without. It contains the latest
styles, valuable information, music, interest
is g stories, Ac. Price $3 per year. Address
L. A. Godey, north-east corner of Sixth and
Chestnut streets, Philadelphia. Godey's
Lady's Book and Harper's Magazine will be
sent on year receipt of $5 50.
Ti Mystio Jiwil. This is the title of a
new Odd Fellows paper published at Cin
cinnati, Ohio. It is a neat, four-paged sheet,
containing very interesting matter, and is ably
edited. It is something that every Odd Fel
low should have. Price $2 a year. Address
A. Moore, Editor and Proprietor, Cincinnati.
In Indiana a girl of eleven preco
ciously seeks a divorce. .
From The New York Nation (Ridical) July 57.
Tbe Anglo-Saxon Judge. -
i In our notice of "The Battle of
Dorking" (Nation, July 6, 1871) it
was said : "'The growth, too, of that
almost unique character, the Anglo
Saxon judge, who has played so im
portant a part both in English and
American political progress, ia due
to the total tcant of .familiarity both
of the governors and gdverned with
the arbitrary 'processes of military
rule." ' A recent decision! of the
Court of CJaims, in the'ease of E. M.
Brown t. the United States," abounds
iiith what may be " termed English
illustrations of this remark, some of
which will be novel and even startling
to many, well-informed American cit
izens. , Indeed, the decision, discus
sing questions of law not often before
courts, and dealing with English nisi
prius reports that rarely find their
way into an American lawyer's libra
ry, Beems t& have startled lawyers,
the Washington bar having requested
its immediate and separate publica
tion--The opinion shows by repeated
contrast how the American judiciary
and the American judicial sentiment
alike have been drifting back toward
barbarism; while in nearly all Euro.
pean countries they have been advan-
cing toward a higncr civilization.
That our elective judiciary has fallen
far from the standard of Kent and
Spencer no one will dispute; hut that
our Federal judiciary, and more es
pecially our national views as to
judicial duties, have receded from our
own standard, few Americans, not
chronically despodent, will be dis
posed, to admit. Still more difficult
would it be to convince the. mass of
our countrymen that, while the best
portion of our judicial system has
been at the utmost standing etill and
holding its own, the judicial system
of England has been steadily and
rapidly advancing, so that it is now
doing more for human rights and
liberties than our own ever did; and
that, for the protection of the weak
against the strong, and the citizen as
against the government albeit the
government is in part a monarchy
and in part an aristocracy it now
speaks in language eo courageous and
so elevated as might well shame every
American court. The United States
started nearly three-quarters of a
century ago much in advance of oth
er nations in things relating to per
sonal rights and civil liberty; but
the past generation that is, the
men of the last thirty years have
done little for the improvement of
civil government beside boasting and
bragging of what their fathers did
for mankind. During these same
thirty years, most European states
have been moving, and particularly
England, so that about the year 1850
she caught up with our most advanced
State governments in matters of law
reform, and at present is so far ahead
that for some years to come we shall
have little to do beside copying Eng
lish statutes. Fortunately,, one can
hardly rouso . tho . American con
science into healthy action better
than by' saying that the American
citizen docs not now stand as high
before his government and before the
law as does the British subject. But
to recur to the illustrations of the
Court Claims.
What would be thought of one of
our citizens bringing a personal ac
tion against tho Secretary of State
because he neglected to act upon a
certain paper 'i And what would be
thought if this citizen should summon
the Secretary as a witness and com
pel him to come into court and take
the witnesa-Btand, and be examined
and cross, examined by lawyers ? Yet
in loO, such a suit was brought
against Sir George Gray, Secretary
of State for the Home Department.
"and tho plaintiff actually called the
Secretary as a witness, who came
into court and testified;" and none of
the judges of the Common Pleas
doubted "that if tho Secretary of
State had neglected his duty and
done nothing, he would have been
amenable at law for his negligence."
The idea that a public Bervant who
has neglected his duty by doing no
thing should be amenable at jaw for
his negligence to a private citizen,
undoubtedly will strike many of our
"advanced thinkers" a3 civil service
reform run mad. General Logan will
be very likely to denounce it as be
longing to tho aristocratic govern
ments of Europe, and not at all con
sonant with the free and liberal
institutions of a great republic. Mr.
Dawes will probably be pleased with
it as an abstract idea, but unable to
approve of any particular measure
toward bringing such a state of things
about, and especially doubtful of
those measures that have been tried
elsewhere and found thoroughly
But take another casc.'and, as our
"advanced thinkers" will say, a much
more visionary one. What would be
said if a citizen, late a regimental
officer in the United States service,
should bring his action against the
Secretary of War (the late Mr. Stan
ton, for example) for having illegally
ana irom improper motives eumma'
rily dismissed him from the service ?
What would be thought of the auda
city of such a suit, albeit that the
commission had been fairly earned by
neroic service, by broken health, and,
moreover, turnishea to a worn-out
man as his only means of support ?
And supposing the case to be tried
before Chief Justice Chase and a
jury, and Mr. Stanton to have come
into court as a witness, what would
be thought of the Chief Justice if he
should ask the Secretary whether any
personal influence had been used or
sought to be used in regard to the
dismissal of the officer ? Would not
the late Mr. Thadeus Stevens and all
of his friends have roundly denounced
such conduct as malignant in the
highest decree, and euflicient provo-
cation for a new amendment to abol
ish the Supreme Court, or make the
justices thereof elective by the people
on the nomination of the men inside
Eolitics? But in 1863, one Mr.
lickson brought his action in the
Queen's Bench against the Secretary
of State for War, the lord lieutenant
of tho district, and the colonel of a
regiment, "for causing by means of
false charges the removal of the plain
tiff from the office of lieutenant colo-
nei or tne regiment, the regiment
referred to being not of the regulars,
but militia, and Mr. Dickson having
been : nothing more than a militia
colonel, who never rendered any
actual ; military service other than
bein" "once called out for s few
months. On the trial, the Secretary
at War was examined as a witness,
and Lord Chief Justice Cockburn,
who presided, put this question to
him : "Was there any personal n
fluence used, or sought to' be used,
upon you, to make you depart from
the ordinary course ?" Finally, the
Lord Chief Justice thus stated the
case : "I Bhall tell the jury that if
they believe that his (the Secretary's)
intention was to oppress and injure
the plaintiff, he is liable; but that if
he made the recommendation to dis
miss him out of an honest sense of
cuty, even though he may have been
mistaken, he is not liable in law."
That such decisions as these should
awaken surprise in the American
mind, shows only how far the present
generation has receded from the Uw
abiding and law-invoking character
of the same people of two generations
back. The military experience of
the last decade and the encroaching
assumption's of the legislative over
the judicial power, have practically
lessened every citizen's right to ju
dicial redress, and conversely thrown
a certain idea of immunity around
public officers; or, as the opinion of
the Court of Claims puts it, J'there
has grown up such a belief in the
divine right of public officers so near
ly resembling all that was ever be
lieved of the divine right of kings,
that it is vain to look ' for more than
one personal ; action brought against
a high officer of state." That the
Anglo-Saxon judge has prevented
this in England, the court fully shows.
One noticeable case which might
throw a shade of fear over the hearts
of some of our military governors is
that of the Governor of Minorca, who
imprisoned and banished a poor Mi
norcan, "only by treaty made a sub
ject of Great Britain." "It was in
1771 a hundred years ago ; but an
English jury soon after cast him (the
Governor) in 3,000 damages, and
the Court of King's Bench, with
Mansfield at its head, sustained the
verdict." Another curious case of
military governors is one brought
against the Governor of Gibralter,
who sent a company of soldiers to
search a house for a Spanish general
supposed to be there secreted. In
adjoining house uvea an jngnsn
merchant, who. comma to the door
to see what was the matter, was
stopped by ' a sentry's bayonet, and
compelled to remain within for a few
minutes. The merchant's house was
not entered, nor was the Governor
present at the search; but "for this
constructed assault," and "this im
aginary invasion of an Englishman's
castle," "an English jury fined the
Governor $50." "All of the judges
of the Common Pleas held that the
action would lie, and that the verdict
should stand. Wherefore," concludes
the. Court of Claims, "the divine
right of governors to do unlawful
acts may be considered now, as in
Great Britain, entirely at an end."
Another curious case was one before
Lord Eldon, when chancellor. Sir
William Congreve, the inventor of
the Congreve rocket, acting under
the order of the Ordnance Office,
had continued to use an article pat
ented by a Mr. Walker, notwith
standing an ex parte injunction had
been granted, Tiie Lord Chancellor
said, with a frankness that to such
eminent jurists as Justices Barnard
and Cardozo must seem the weakest
puerility, that he ought not to have
granted the injunction ex parte; that
if he had read the affidavits with strict
attention,' he would not have done so.
But he then added, "speaking with
all respect, I will . treat Government
here as I would : any suitor of the
court. Let an account be kept," etc.
And he then concludes with this very
broad hint to the official power, 4
would recommend to government to
pay the costs of the present applica
ton, as there are grounds for believ
ids the miunction violated. I can
only recommend the government
but I would have it understood that
if the recommendation is not attended
to, I will make an order for the de
fendant, Sir William Congreve, to
pay them.
A case cited from that somewhat
anomalous court of last resort, the
House of Lords, would furnish
healthy reading for many of our
judges, legislators, and public moral
ists Ferguson v. The Earl of Kin
moul. Decided in 1842, it is "illu
mined with the concurring opinions
of Lyndhurst, and Brougham, and
Cottenham, and Campbell." Boldly
rebuking the idea that a public offi
cer, or any person whatever, can be
held liable only for sins of commission,
it strongly lays down the broad do
trine which includes all sins of omis
sion in the legal liability. "If the
law casts any duty," is the language,
"upon a person which he refuses or
fail3 to perform, he is answerable in
damages to those whom his refusal or
failure injures. And we are struck
with another case where the decision
of the Privy Council, "prepared by
Sir John Taylor Coleridge, and read
by Dr. Lushington," firmly meets
those cases that appeal to our sym
pathies cases where an officer under
orders or in mistake, but acting in
good faith, has violated the law and
committed a wrong. In such cases
the Congressional conscience has of
late years been strongly inclined to
take the bull by the tail instead of the
horns, and, instead of indemnifying
the officer out of the public treasury,
to block up the jurisdiction of courts
by taking away from the injured citi
zen all legal means of redress. The
only sound and safe doctrine we deem
that admirably stated by Sir John
Coleridge in a single sentence : "In
such cases, the government is morally
bound to indemnify its agent, and it
is hard on such agent when this obli
gation is not satisfied ; but the right
to compensation in the party injured
is paramount to this consideration"
(13 Moore, Pr. C. R. p. 236). Ad
mirable, too, is the language of Lord
Cockburn, in a more recent case
(I860), in which he sums up the pres
ent views of English judges: "In our
opinion, no authority is needed to
establish that a servant of the crown
is responsible in law for a tortious
act done to a fellow-subject, though
done by the authority of the crown
a position which appears to us to rest
upoa principles which are too well
settled to admit of question, and
which are alike essential to upholl
the dignity of the crown 'on the one
hand, and the rights and liberties
me euojecion ine omer.
"Therefore" (is the conclusion
the Court of Claims) "it appears
the concurrent opinions of all '
judges of the six great courts (
Great Britain the Exchequer t'
Common Pleas, the Queen's Bene'
Chancery, the Privy Council, and t'
House of Lords that it ia a funf
mental principle that every Brit'J
subject who has suffered alegal wrc!
shall have a -legal redress against
some one a lofty ground to be mia.
tained, but the only ground to stand
upon if vested rights are to be secure
or laws are to prevail over men." '
- Unfortunately, the contrast does
not stop with the English judiciary.
In cases of legal conflict between the
solitary citizen and his government
the judicial sentiment , of Congress
seems narrow beside that of Parlia
ment. A citizen of the " United
States has no legal redress ' against
the government save in the Court of
Claims, and there the jurisdiction is
limited to actions on contract; while
the only judgment which can be rens
dered must be in money, and neither
interest nor costs are recoverable.
The Court of Claims thus states the
substance of English legislation:
"Shortly before the reorganization
of this court, Parliament passed ar,
act, known as 4The Petition of Rig;
Act of 1860, or popularly from ita
learned author, the present Chief
Justice of the Common Pleas, as
4BoviU's Act.'- By it, the" creditor
of the crown was reassured' as to all
the remedies of the common law for
lands 03cupied, for goods withheld,
for property taken and used, for con
tracts broken ; and under it he ma;
take defaults against the crown, and
recover costs, and seek relief either
in courts of law or courts of equity."
Nor does the contrast stop with
England and English jurisprudence.
In 1868, the Fortieth Congress, in
order to complicate the Alabama
difficulties in a covert way, being in
happy ignorance of "the Petitions of
Bight Act of 1860," passed a statute
prohibiting an alien from prosecuting
"cotton cases" in the Court of
Claims, unless his own government
accorded a similar right to American
citizens. So ignorant were our hon
orable legislators that the avowed
object of the act was to exclude
British subjects, and the belief was
that it would exclude nearly all the
rest of the world. The, British
claimants, however, were not slot to
prove that their government accorded
to American citizens a much broader
right, and to receive the unanimous
judgment of, tbe . Court of Claims,
since unanimously affirmed by the
Supreme Court. But this sagacious
action of Congress threw upon all
alien claiments the burden and delay
of proving the law of their own
country, and as aliens of nearly all
nationalities had had cotton seized,
so tho laws of nearly all the govern
ments of Europe had to be shown.
The result is thus Btated by the Court
of Claims : i
"Tho laws of other nations have
been produced and proved in this
court, and the mortifying fact ia judi
cially established that the government
of the United States holds itself, of
nearly all governments, the least
amenable to the law. First in this
high civilization that protects the in
dividual and assures his rights, stands
the great empire of tho German
States. 4The state,' says a lawyer,
also distinguished . .as a writer, who
was examined as a witness in this
court, 'represented in its pecuniary
capacity as ' the representative of
money and property affairs, is called
the Fiscus. For the purpose of
maintaining suits against the govern
ment, the Fiscus stands in the place
of the government; for the purpose of
compelling- the payment of demands
against the state, the Fiscus is sub
stituted for the state itself. I know
of no restriction of the rights of the
subject of Prussia to maintain any
suit against the Fiscus. . . . Judg
ments rendered against the Fiscus
may be satisfied in the usual way, by
execution. In Hanover and Bava-,
ria, the redress is substantially the
same. In the republic of Switzerland,
the federal tribunal takes cognizance
of suits between the confederation on
on the one side, and corporations or
individuals on the other, when these
corporations or private citizens are
complainants, and tho object of liti
gation is of the value of at IeaBt
3,000 francs. In Holland, the Neth
erlands, theAnseatic Provinces, the
the free city of Hamburg, and prob
ably in all countries which havo in
herited the perfected of the civil law,
the government is in legal liability
thu3 subject to the citizen. Even in
France, under the late Empire, there
was a less circumscribed means of ,
redress, a more certain judicial rem
edy, a moro effective method of en
forcing the judgment recovered, than
has been given to the American cit
izen, notwithstanding tho pledge of
the Constitution. Of all the gov- S
ernments of Europe, it is believed
that Russia alone does not hold the
state amenable, in matters of prop
erty, to the law. Of all the countries
whose laws have been examined in
this court, Spain only resembles the
United States in fettering the judicial
proceedings of her courts by restric
tions, and leaving the execution of
their decrees dependent upon the
legislative will."
Cattle Disease in IVew Mexico.
The New Mexican learns by pri
vate letter from Tierra Amarill, that
a disease has made its appearance
among the cattle in that section of
country, and over one hundred bead
have already died. When taken
with the disease the cattle first trem
ble and stagger for a few moments,
then fall down, and in less than fire
minutes are dead. Some of the ani
mals who died were opened, and in
every instance the appearance was
the same ; in parts the flesh looked
as if it had been pounded with a club,
and the heart was as black as coal.
Great alarm exists amongst the inha
bitants of Itio Arriba for fear that .
the pleague may spread over the en
tire county. Thus far no remedies
have been discovered capable of coun
teracting the eftecta of the disease.
In Richmond recently a lady
wruqg the nose of a judge who fined,
noble i
but rect

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