The Abingdon Virginian. [volume], February 20, 1863, Image 1

About The Abingdon Virginian. [volume] (Abingdon [Va.]) 1849-1883

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V:.O.LXTME 23.
Sttriiv
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• -
'iriBOIWIA.:r-At Rules held in the Clerk,
f offic« of the county of Russell, on the M uaA
©f February, 1863: •
John P.'Clark, Plaintn.
Stephen G. Samples, Wm. P. Samples, James
M. Cecil and his wife, Catharine Cecil, Franklin
Sampjes, Larkin Samples, Robert Cecil and C.e
lia his wife, Elizabeth Samples, Nancy Samples
Ellen Samph-s. .nd Elbert Samples, heirs at law
ana Eiwabeth Simples, widow of James Bam
pies, deed,. H| Defendants
IN CHANCERY.
The object oT this suit is to have dower as
signed the widow, and partition made amongs
the heirs of a certain tract or tracts of land, ly
ing in New Oarden, in Kaseell couhty, owned
by James Samples, deed, now occupied by Mi
sabeth Samples, widow of James Samples, -a*
to have plaidtiff's interest in said land bud off
adjoining his own premises: And it appearing
by satisfactory, evidence that Stephen G. bam
pl-s JanV-s M. Cecil, C*thariue Cecil, Franklin
Samples, deffs. in said suit,, are not inhabitants
of this Commonwealth, tbe said- defts. are re
quired to appear here within one month after
due publication of this order, and do what is ne
eessary to protect their interest.
A Copy.—Teste, ■■-.'■
G. B. COWAN, c c.
f Feb 13, 1863—4w ■-,'.
- • — ryv-r 1
Vlrglalat— At rules held in the Clerk's ot
fice of the Circuit Court of Washington coup
ty, on ti»e 2d day of February, 1863:
Andrew S. Fulton, . Plaintiff
Alexander MeCall, James K. Gibson and Ar
thur C Cuminiugs, Defendants
IN CHANCERY.
• The object of this suit is to restrain the dt
feadrfnts, Cummings and Gibson, 'from paym
over to tbe defendant, McCall, his agents or as
<djrn« any monies in their hands, belonging t
said McCall to the extent of $700, until the for
ther order of Court, and asking for a decree a
g»instnbe said McCall for the sum Which ma
be found due to the plaiutiff. %
And it appeariug by satisfactory evidence,
that the defendant,- Alexander McCall, is a non
resident of this Commonwealth, , on. motion o
th<# plaintiff by counsel, it is ordered, that he ap
• pear here witbitt one month after due publica
tion of this order, and do what is necessary t
protect his interest in this suit.
A copy j B r ANC H, c. c
ITTRCHWIA:— At Rules held in the Clerk
V Office of the Circuit Court of Smyth county
on Monday, the 2d day of February 1863 c
Jbha F»x and Margaret-his wife, David Was
eam nd his life, Jacob Neff, Nicholas
Wa*Buin>»ud Anna hiSijife, and John Neff,
Complainants
AGAINST
Joseph N*-ff Soloinou Myers and Catharine his
wife, Thomas F Neff. E. Neff, Virginia
Neff and — Neff, infants and children of
Isaac Neff. deed, Kmeline Neff, widow of Isaac
Neff, deed, and Elizabeth Neff, widow of Peter
Neff, deed, Defendants.
W '• IN CHANCERY. ,
The-object of this suit is to have a division ef
the real estate of which Peter Neff died seized,
amongst his children and heirs, and to have the
* dower interest of Elizabeth Neff, widow of Peter
Neff, deed, laid off. _
It appearing by satisfactory evidence that the
defendant. Joseph Neff, is a pon-resident of .he
State of Virginia, on motion of complainants oy
attorney, it is ordered that said defendant
do appear here within ehe.month after due pub-.
ltftattoVhereof, and do what is necessary to pro-
I'Copy. —Teste, • *
Mhington County, to wit:
the Clerk of the County Court of said county :.
WE, William C. Hagy, James E. Hay ter and j
Rieharu H. Lynch, three, freeholders of
the said county, do hereby certify, that by to
tae ef * warrant to us directed by J. C. Lamp
■ Jell, a Justice of the said county, we have this
da,, an our oaths, viewed and appraised a steer
taken up by David Clark on his land, as an es
traV and assess the value of said estray at $12.
•l&El steer is a three year old next spring
black and white spotted, and marked with a
smooths crop and underbit in the tight ear; no
ether brand or mark. Given under our hands
this 22d-day of December, 1802.
WILLIAM C. HAGY,
JAMESE.HAYTBR, •
R. H. LYNCH.
A Copy.—Teste, Ibßmi * '
ABINGDON
ABINGDON, FBipA-r, 30, 1863.
The New York Caucasian,' contains a full
report of the able .speech recently delivered
in the Yankee Congress, by Hon. C. L. Va4
landigbam, tif Ohio. We have not the space
to admit all this masterly effort of the able
and gallant representative from Ohio, but will
give enough of it to show that the speaker ex
pressed himself with a fearlessness, cogency
and perspicuity, such as has never been sur
passed on the floor of Congress. After pre
viewing, at some length, the question as' to
how the war was inaugurated, Mr. V. con
tinues:
And now, sir, I recur t* the state of the
Union to-day.' What is it? Sir, twenty
months haveelapsed, but the rebellion « J»>l
crushed out; -its-military* power has not been
bboken ; the insurgents have not
The Union is not restored, hbf the Constitu
tion maintained, nor the' laws enforced.--
Twenty, sixty, ninety, three hundred, six
days have passed; a thousand mil
lions have been expended, and three hundred
thousand lives lost or bodies mangled; and to
day the Confederate flag is still nearer the
Potomac and the Ohio, and the Confederate
Government stronger, many times, than at the
.beginning. Not a State has been restored,
nor any part of any State bus voluntarily re
turned to the Union. And has anything been
-wanting that Congress, or the States, or the
people, in their most geneous enthusiasm,
their most impassioned patriotism, could be
stow ? Was it power ? And "did not the par
ty of the Executive control,the entire Fede
ral Government, every State government, eve
ry county, every city, town and village in
tha. North and" West? Was it patronage?
' Alrbelonged to it. Was it influence? What
more?' Did not the school, the college, the
church, the press, the secret order*, the mu
nicipality, tde corporation, railroads, tele
graphs, express companies, ihe voluntary as
sociations, all, all yield to the utmost? Was
it unanimity? Never was an "Administration
so supported in England or America. Five j
men and a half a score of newspapers wgaade
up the opposition. Was it enthusiasm ? The
enthusiasm was fanatical. , There baa been
nothing like it since the Crusades. , Was it
confidence ? Sir, the faith of the people ex-*
ceeded that of the patriarch. They gave up
the Constitution, law, right, liberty, all at
your demand for arbitrary power that the re
bellion might, as you promised, be .crushed
out in three months arid the Union restored.
Was credit needed ? You took control of a
country, young, vigorous and • inexhaustable
in wealth and resources, and of a government
almost free from public debt, and whose good
faith had never been tarnrshed. Your great
national loan bubble failed miserably, as it
{ deserved to fail; but the bankers and mer
chants of Philadelphia,* New York and Bos
ton lent *you more' than their entire banking
capital. And when that failed too? you forc
ed oredk by declaring your paper promises to"
pay a legal tender tor all debts. Was money
wanted ? Ybu had all the revenues of the
United States, diminished indeed, but still in
gold. The whole wealth of the country to
tbe last dollar, lay at your feet. . Private in
dividuals, municipal corporations, the State
Governments, all in their frenzy gave you
money of means with reckless prodigality.—
The great eastern cities lent you one hundred
and fifty millions of dollars. Congress voted,
first, the sum of two hundred and fifty mil
lions ;ef-dollars, and next, live hundred mil
' lions move in loans; and then, first, fifty mil
lions, then ten millions, next ninety millions,
and to July last one hundred and fifty mil
lions in Treasury notes; and the Secretary
has also a "paper postage currency," in sums
as low as five cents, limited in amount only
by bis discretion Nay, more; already sines
.the 4th of July, 1861,- this House has appro
priated two billion of dollars, almost every
dbliar without debate, and without a record
ed vote. A thousand millions have been ex
pended since the 15th of April, 1861; and-rf
public debt, or liability of one billion five
hundred million of dollars already incurred.
And to support all this stupendous outlay and
indebtedness, a system of taxation, direct or
indirect, has been inaugurated, the' most
onerous and unjust ever imposed upon any
but a conquered people.
Money and credit, then, you have had in
prodigal profusion. And were men wanted ?
More than a millipn rushed to arms ! Seven
ty-five thousand first, (and the country stood
aghast at the multitude,)'-then, eighty-three
thousand more were demanded; and tbret
hundred and ten thousand responded to the
.call. The President next asked for four nun
dred thousand, and Congress in its'generotu
confidence, gave him five Hundred thousand:
and,' not to be outdone, be took six hundred
aud thirty-seven thousand. Half of these
melted away in their first campaign; and th<
President demanded three hfndred tboueanij
more for the war, and then drafted yet atioth
er three hundred thousand for nine months.
The fabled hosts of Xerxes have beef? out
numbered. And yet victory 6trangely, fo'l
lows the standard of the foe. From Great
-Bethel to Vicksburg-the battle has not beer
to. the strong. Yet every disaster, except th«
last, has been followed by a ©ail for mow
troops, and every time so far-they have beei
promptly furnished. From the beginning tb<
war has been conducted like a r political cam
paign; and it has been the folly of the paru
in power .that they have assumed that hum
bers alone.would win the field in a contes
not with ballots but with musket and sword
But numbers'you have had almost witbon
number—the largest, best appointed, bes
armed, best fed and clad host of brave men
well organized and well disciplined, ever mat
VIRGINIAN.
ble perhaps bat'the mos* numerous and gal
lant, and the costliest in the world, and
against a foe almost without a navy at att.—
Twenty million peopk, and every element of
strength and fiqree at command—power, pa
tronage, influence, unanimity, enthusiasm
confidence, credit, money* me% an army and
a navy the largest and the nopest ever seen
in the field or afloat npori sea; with, the
support, almost servile, of ev*|y State, coun
tv, and municipality m the bfrttatod West
with a Congress swift to do th|biddmß of the
Executive: without oppositio*^anywhere at
home, and with att which
neither tbe Czar of Russia no*?the Empenir
of Austria dare exercise; yet'aPfcr nearly two
years of more vigorous of war
than .ever recorded in hurtoJJ; after more
skirmishes, combats and battle than Alex
ander, C&sar or the first Napoleon ever
'fought-inany five years of tb» military ca
reer, you have utterly, disastrously j
| I will hot say to sub-
I due tee million rebels. An&Jret they were
[>i be utterly conquered and Jbbdued in
weeks or three months I Sir, fmy 3 udgment
was made up and expressed frim the first.—
I learned it from Chatham; iMy lords, you
cannot conquer in America." -tAndyou have*
not conquered .the South. Yof never tfjpll.—
It is not in the-nature of t|ings possible;
much less under your auspice* But
yog have expended without finite and blood*
poured' out like water: Deffit,- debt, taxa
tic v, sepulchres^—these areyftn* trophies.—
In vain the people gave ybu tteasflre and'the
soldier, yieided up his ltfe| tax,
emancipate, let these,'' said the gentleman i
from Maine, [Ma. Pike,] at the last session,
>'be tbe trinity of our salvatilu." Sir, they
have become the trinity of yofcr deep damna
tion. The war for the Uuion isph yowr hands,
a most bloody and costly fallafe. The Presi
dent confessed it ob the 22tf# September,
solemnly, officially, and uader|toe, broad Beal
of the United States. And $c has now re
peated the confession. The A-iests and rab
bis ofWnbolition taught him 1 tat God would
not prosper such a cause. Wi * for the Union j
was abandoned; war for the p; gro openly be
gun, and with stronger battal! Os than before.
With what success? l«et thj dead at Frede-1
ricksburg and Vicksburg answ|*.
And now, sir, can this' isftr continue? —•!
Whence the money Jo oarryfit oh? Where
the men ? Can you" borrow ft" From whom ?
Can you tax more ? Will th*pSople bear it?
Wait till you-have collected what is alretsly
levied. Hew many million* of "legal teu
der"—today forty-seven perj|ent. below the
par of gold—can you fl»at? p*flll men enlist
now at any price !-Ah, sir, #f; is.easy to die
at home. I beg pardon; bu| J trust I am
not 'discouraging enlistmenp." - If I am,
then first arrest Lincoln, Stilton, and Hal
lock, and some of your other penetals; and I
will retract; yes, I will recant. But can you
draft again? Ask new Engljgid—New York,
Ask "Massachusetts Where in the nine hun
dred? Ask not Ohio—•fbe'Nfth west.
But ought this war to con^us! I answer
no—not a day, not an noar.&What then ?—
.Shall we separate ? Again iaufewer, no, no,
* RicHnoNn| Feb. 3,1863-.
To the Editoryf.tht ifaig: g"
I Tbe taking, or impressing of private pro
perty as necessary 6upplief: for the army,
having been strongly denounced in a portion
of the public press as a, tyrafcical usurpation,
I respectfully request you to,publish the en
closed letter to the Uouf James A. Seddon,
of War, for the ofshowing
the clear legality of this right. I also request
the favor of yoa* to publish the annexed rules
for tbe information of our epzeus who have
such claims, and who arejconstantly applying.
for such information, in order to enable them
to understand the kind of vouchers required
to establish their claims, and to what otficers
the various description \>f claims should be
presented. . * . .
RYery respectfnlly,
Your obedient servant,
omptrou.br'B Office, Jan. 27, 1863.
as. A. Ssnnow, Secretary of War,
—I respectfully beg' leave to enclose
ybu a copy of certain ru|es adopted by the
Comptroller for the settlement of claims for
property taken and used aa supplies for the
troops, by order of a commanding officer. As
the right to take and use these supplies has
been questioned, 1 beg leave to submit my
reasons for admitting the right and thereupon
adopting the*enclosed rules. lsV-I haye al
ways regarded this right as inherent in all
Governments in time of war, ("ex necessitate
belli"), when necessary to save the troops
j from suffering or starving, and to enable the
Government to prosecute the war. 2d—-As
the exercise of the sovereign right of declaring
and waging war is, by the Constitution, ex
pressly delegated, (or.loaned,) to the General
Government by the sovereign. States* its ne
cessary attribute above stated is of course
granted with power. **
3d—That clause of the Constitution which
declares that private property shall not be ta
ken for public use witboutjust compensation,
appears to me to confer -the power by clear
1 implication, as this clause must be regarded
j{in order to have any practical meaning or
! effect) as a "negative pregnant"—lt does not
simply declare that no private property shall
be taken for public nee, butannexes the eon
-1 dition that when so "taken just oompensatiih
1 shall be made.' From my Tecollectionjrf the
J debates of the Convention, it appearrw me
1 that the adoption of this clause was urged not
f impressments which bad bsen made >n me
krmy without compensation; in this view of j
he case it seems to me that a reasonable conr
truction of the cl .use would allow of the sup
position that the Word hereafter might beoon-
Sdered aswadersteod, so as to read., "Hereaf
er private property shall not be taken for
mblic use without just compensation/ 4th
-But clear as it is to my mmd that the pow
>r exists nnder the above general principles,
ret we are not feft to mere implication and
wnstruction, for there were two Acts of tbe
J. S. Congress, clearly recognizingthis.pow
>r, the first was passed in JBl2, (now consi
lered obsolete,) tbe second was approved on
Id March, 1849, providing that private pro
)erty comiDg into tbe military service of the
7. S. eitherby impressmitit or contract, should
» paid for according to its value at. the time
>f coming into such service* .
sth—ln addition to these views and author
ities, before adopting the enclosed rules 1
•eqoested the Quarter-Master General to ad
tress a letter to the Hon. J. P. Benjamin
then Secretary of War) to obtain his opinion
»nd sanction for the allowance of such olailDi ,
md Mr..Benjamin expressly recognized the
lght arifi approved the -allowance of the
jlaims. I thorefore considered it proper to
idopt Some rules for the allowance
if such claims for pritlte. property taken for
mpplies by order of a .commanding officer,
'ather than to leave the taking of s"ueh pro
perty to tbe unbridled lisense of tho soldiery,
for it is an inevitable consequence of the
lamping of soldiery upon a farm* tbat all the
fencing is used for necessary fuel, and every
?pear of grain and blade of grass is consdmed
t>y the hordes aS necessary'forage. -
Very respectfuUy your obedient serrt, s
, Lewjs Cbcgkr,
Comptroller.
Rules Adopted by (he Comptroller as id Pro
perty Taken and. Used by Confederate
Treasury l
Comptroller's Office, October 24, 1862.)
Ist. When property has been takm, ami m
td by the troops, as supplies, by order or ap
proval of a commanding officer, (including
any commissioned •officer i» commandyas
shown by his signature; or in case of a Gene
ral, by that of his Adjutant, or that of a
Quartermaster, » Commissary, or other autho
rised officer; or when an appraisement'made
of wich property is approved by such officer,
a tt\* and just compensati m sbould"be made
for the same, according to the appraisment,
(if not excessive,) or accOrding to the approv
al (when not appraised) under the head of
supplies far the Army. • /
2d. When property hasbeen simply destroy
ed, it is to be regardfed-as kelaiipfor damages,
which should be presented tb Congress for al
lowance, (as there is no law nor appropriation
for such damages.) In such cases of proper
ty destroyed, (whether by order of an officer
or not,) or where no law provides for th* pay
ment thereof, theclaims and testimony should
be presented to the Attorney General to be
by him reported to Congress, No. 264, ap
proved August 10,1861. • 'V
3rd. When fencing or other wood baa been
used, apparently, or on reasonable pre-emp
tion, for firewood, the same should be paid
for on or approval, as above
stilted a
4th. Where any budding has been used for
a hospital It is proper that injuries tothe
building, whilst so used, should be paid for
on such appraisement approved by the Sur
geon in charge. ~" ; ,
sth. In case the a*«6mmanoing
officer, or other authorized officer, cannot be
obtained for such supplies, such.claims should
he presented to Congress, or to some <??auiu^
* ,er who may be appointed by the Se-
Pof War. LbwisCrogjr%
White House Gossip.
"about tfoliUUvioman." .
The New York Herald, which is a kind of
personal organ of "tbe President's family,'
gives notice that "the President" of the Unit
ed States is entitled to the respect of every
citizen, and reads a severe leetore
who dare insult him or his family, ■ 'whether
in the chit ebat and gossip of society, from
the rostrum of the public orator or tbroueh
the columns of the newspaper. Tbe Herald
eives alUo understand that these "olenee*"
must cease, unddreeses off Mrs. Lincoln m the
foliowine ininiiiable style—giving to her per
son a most remarkable sanctity t W
Now the radical Democratic organs are jili
fying Mrs. iiincoln as swmdalously as did the
abolition papers a few months ago. One of
these Democratic organs recently announced
that Mrs. Linjom Was in favor of emancipat
ive tbo slayesW tbe South, and Oonolwded
hi* remarks by the Jaorftm that
the President might hail Ma wife M a» tbe first
slave emancipated by his proclamation/'--
The Journal of Commerce, the Express and
the World, have each copied and given circu
laffdn toWbit of Washlp*gton gossip which
no decent paper ought to print, to the effect
that Mrs. Lincoln &6ks rather pretty, owing
in a great measure, doubtless,to theelaborate
costoTpafntwhicVtinged her features with
unnatural beauty .»; Such
a tendency to alienate from the President an<J
% hh family that popular affection and respect
almost iJdispensSte.to the *#&*J f thfi
country during anon* crisis as this. To those
■ who know Mrs. Lincoln/he* tmarwtir speaks
for itterf, and tor merits 'ft** a* groat as thej
art'tttobtrusiTe. AHirtro art Srongnt into
No* 40s
} manly virtues* her goodness of heart anelttlf
j entirely conceal, tbo quiet dignity a© bd*J!M
I ing to on* in,her position. We advise tketd
editors,, therefore, to apologise for their mas
offences against'propriety, and to desist froatt
all such insulting and ill bred personalities id
the future. • »
targe Public; Meeting ft*/fcei*
General Scott Presiding—speeches of &t*&
. ral Scott and GeneraTSurrtside.
The United States Christian Aasocietiofl
held a meeting in New York, over which Gen;
Scott presided. Gen. Burnside was also on*
of the "big guns" on the oeuasion.
raid says that Gen. Scott attested -tbe atten
tion of every person presentr—"the. General
looking as hale and hearty as could be expect-.
cd* On rising to speak he was greeted with
loud and continued appkostf. He said i
Kellow Citizenls—The honor yo* have ados'
me in calling ma to occupy the chair upon ad
occasion of so much importance as the pre
sent, gladdens the heart of an old soldier, and
fills me with gratitude and love. New York
city has sent fortkiher thousands and tens of
thousands of brave-eons to fight the bstttfeof
the Coestitution and the Union, and she had
not forgotten them; for when they return bom*
they sliall be eared for and cherished. The?
care of this city -has bead incessant NeWr
York has given every aid and comfort to her
soldiers. She baa watched for his steps, car
ed for his-family, attended to the wounded
and made preparations for tbeir return home;
The object of this association i* known toyad
LalU and »to serticea and its benefits an great
er than I can attempt .to detail to you; I hope,
♦continued the General, that God will prospeV
the society, and enable it to eMitinae its wh
lb*, services for many years to com*.
plause.} -* «*
General "Burnside being present, was qafled
upon by the audience for some' remarks, and
responded at.sonte length.
He said it could scarcely be 1 expected that
be woold lay more than a few words in reply
tothe call mads uponbhn. A lew months
might fully demonstrate the value and effi
ciency as well as the real benefits of snch a
society; for in a few weeks a greek battle
must be fought; and two terrible armies must
be brought into collision. It may be sup
posed necessary to say something in connec
tion with the army,; Many pc rsons Were irtk
pressed with the idea that tbewarmy is de
moralized. This is not the casei It is a
brave army, well clad, well. f«*l, well armed
and full,of patriotism. Tbe soldiers are ready
and anxious to be led to tbe con met, rind they
will make tbeir mark and ditt ngeißtt them
selves when they meet tho enev*y.
The soldiers know tbeir office •** tad
ciate the friendship of their Crenerals, and
while doing so they render imp >eit obedience
to whomsoever might be place; » authority
over them. Mistakes may be u«ade, bat the
soldiers themselves are always me to the do- ,
ties thay have to'perform whatever
stances may betide. '
Many discouraging letters hare been writ-;
ten to the soldiers, and in some the
public paper* have written disc tinging para
graphs, which hart fallen o*d«-r the eyes of
the soidiors. All these things have done a
good deal of harm. . These mso.uxaging. let
ters and newspapers have be«m circulated
1 through the arniy; and as they are dissetar
«ated, they knve produced therr efifeei. This
is not right; Mistakes, as I have said, mat
f have been made, but tbey have b*en rectified-
Opinions have been entertained with reference
to the policy of the Government, and various
'opinwtfs have been cironlatod as to the
ohanges necessary to be brought about Bat
it should be ever borne in mind »bat the Presn
dent of the United States has been elected in
accordance with the principles <>t the Consti
tution, and all true men are bound to honor
him as such. He has been e&cted for four
years, and one half of that time bas passed
away, and if the people are dissatisfied with
him and his policy, they can*attoe end of
his term, set him aside and change hii policy.
These things moy A to a certain extent, have
been supposed to demoralise *he army—to
some extent tbey have done so j but yet to no
great extent.
. ».;»■» ■ ■' *■'
Personal Appearance of Major
Ctea. liarl Van Dora.
In height Earl Van Don is -fire feet, six or
eight inches, and compact, but not stone- mi
stature. His hair is long and euriy, and of a
dark eheataat color, aff are bis moustache and
imperial, which are large and thick. His fea
tures are somewhat bronzed by exposure, but
■ are peculiarly pleasant and agreeable. His
eye is large, and a'beautiful clear bine. Hie
speech is ready and voluminous, yet
He has extremely fascinating address and
manners, and is open, free and frank. Yon
will take great p!e«|ra*e,u»eonversmgwith
him andrfeeTperfectlfaiease. He» always
accessible, and treats every earn With eotrteey.
With the ladies be is an especial favorite, sod
the fascination of his address exercises a
1 great influence over the tender sex, towards
»wnom'lie is always afSble, courteous add gal
lant. He has no special peculiarity of man
• ners other than always appearing at his ease,
and frequently moving his hand through his
luxurious curly hair. He is opwaids offorty
years of age, though his appearance would
not indicate that he is a year above thirty.—
Gen. Van Dora ia decidedly a handsome sod
, fascinating gentleman. To bio frauds ke is