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Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, April 05, 1866, Image 1

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From the Dublin Nation.
VOL. 22.
NO. 9.
How far and fast the autumn blast
Bears the dead leaves o'er the ground :
As fast and far has the hand of war
Strewed our country's brave around !
And their nameless graves are the ocean's caves,
The forest and mountain Glen,
Where the vulture screams as the angry streams
Are hiding the bones of men !
And what anguished cries
From the South arise.
For the brave ones fallen in vain ?
While the victor North
Itinga pfeans forth,
And exults in her broad domain !
As fire suppressed in Versuvius' breast,
The latent tires of crime
In the human frame pulse on the same,
'Till fanned by the storms of time ;
As the lava fold swept uncontrolled,
Where Pompeii's glories shone,
So the awakened rage r,f a Vandal sage
When freedom is o'erthrowu !
And we'll look in tears,
Through long years,
For the brightness shrouded o'er,
But the golden rays
Of her halcyon days
Shall return to the land no more !
Then fling the horde their base award
Their chief his triumphal crown;
riaee vile deceit in the judgment seat,
AVhere honor is trampled down;
Give a paltry bribe to the hired scribe,
To the venal bard his fee;
But him who draws in a righteous cause
A freeman's sword give me !
I Though his bones should bleech
i On the sea-washed beach,
Though his grave be the lowly mound,
His name shall chime
Through the halls of time,
And swell through the deep profound !
Ye brave en masse, who fall and pass
To the leaden hall of death,
Thrre are palms for the dew, but alas for you,
Not a leaf from the victor's WTeath !
But I sing of one whose glory shone
Like a meteor, bright and grand,
Who gave his name to the trump of fame,
And his blood to a generous land!
The festive toast,
The Soulier's boaat,
The type of a martial age !
The foe of wrong,
The soul of song,
And the light of a future page !
The base grow bold for power and gold,
The vain through fear and scorn ;
The good wax strong in their hate of wrong ;
But he was a warrior born.
From his eagle glance, and stern "Advance!"
And his action, swift as thought,
The rank and file from his own fair Use
Their courage electric caught,
As the whirlwind's path
Shows its fiercest wrath
Through the lordliest forest pines,
So the deepest wave
Of the fallen brave
Told where Cleburne crossed their lines.
On Richmond's plain his captive train
Outnumbered the host he led,
. And he won his stars on that field of Mars
Where the glorious Johnston bled !
'Twas his to cope, while a ray of hope
Illum'd his flag and then
'Twas his to die, while that "flag flew high"
In the van of chivalric men !
Nor a braver host
Could Erin boast,
Nor than he a more gallant Knight,
Since the peerless Hugh
Crossed.the Avon dhu,
And Bagnal's host aflight.
There were eyes afar that watched your star,
As it rose with the " Southern Cross,"
There were hearts that bled when its course was sped,
And Old Ireland felt your loss !
While her flowers shall blow or her waters flow
Through Shannon, Suir and Lee,
The patriot's song shall roll along,
Their winding waves for thee !
And they'll tell with pride,
How Cleburne died,
In the land of the "free and the brave,"
How his sword of might
Was a beam of light,
Though it led to an exile's grave. D.
The name of Patrick Cleburne, Lieutenant General in
the Confederate army, is one which should not be forgot
ten in the military annals of our race. He was the hero
of over thirty pitched battles, and he number of minor
ac tions in which he participated is beyond precedent. He
was distinguished for decision and intrepidity, and almost
every movement committed to his Division was success
ful. He received the incessant congratulations of the
Southern press, and was several times complimented by
the Confederate Congress. After the death of Jackson,
he got the soubriquet of "The. Stonewall of the South,"
for he was to the Army of the Tennessee, what Jackson
M as to that of Virginia ; but most of all, he was tender
and generous to the vanquished, and, as Ferguson says :
" Kindly Irish of the Irish." He lies in a lonely grave in
the village of Columbia, Tennessee, whither he was borne
after the battle of Franklin by one of his officers. I know
I have not dono justice to his memory, but history will
not consign his name to oblivion. Biding her considera
tion, let the foregoing be a leaf let to his memory.
Fire in Danville. Danville, Va., March 28.
About 11 o'clock last night the planing mills of
Messrs. Linn k Co, on the east side of the canal,
were discovered to be on fire, which communica
ted to the Danville woolen factory adjoining,
thence to the stores of Messrs. Brown & Jetter,
Pairo : Co., Yates, William Robinson, Hickson fc
Brother, and several small buildings on main street,
all of which were consumed. Loss very heavy.
Total amount of insurance supposed to be from
sixty thousand to seventy-five thousand dollars.
Loss estimated at from one hundied and fifty to
two hundred thousand dollars.
Danville, March 27. The factory was insured
lor thirty thousand dollars. Most of the losses
covered by insurance. Loss one hundred and
fifty thousand dollars. All business houses.
Public Lands in the Southern States. The
following statement shows the total amount of va
cant United States public lands in the late Con
federate States :
Alabama 6,732,058 08 acres.
Mississippi 4,760,736 03 "
Louisiana 6,228,102 45 "
Arkansas 9,298,012 70 '
Florida 19,379,635 61 "
Novel Mode op Smuggling. One of the Gov
ernment revenue detectives on the Canadian fron
tier writes to the Commissioner of Customs that
the smugglers have laid pipes across the St. Law
rence river, and are engaged in pumping whisky
from Canada into the United States.
The Texas Convention The Southern Pacific
Railroad. The Texas Convention has adopted
a substitute for the majority report, declaring the
ordinance of secession null and void, acknowledg
ing the supremacy of the Constitution of the
United States, and renouncing the right to secede.
It is reported that an ordinance has been adopted
permitting the Legislature to pass a stay law in
judgment for debts for four years ; conditions
interest and quarter principal to be paid each
year. The Judiciary Committee has reported an
ordinance protecting Confederate civil and mili
tary officers from criminal and civil process for
imprisonment or injury of personal property.
The Southern Pacific Railroad directors have
concluded to contract with a French company to
extend the road west of Marshall, Texas, and have
concluded an arrangement to complete the con
nections between Shreveport and Marshall in
'time to ship the present crop. The Legislature
has taken measures to provide payment on accrued
and that to accrue in the State.
Philadelphia, March 26. In the Supreme
Court to-day, Judge Woodward delivered his de
cision in the case of Maltsby vs. Reading and Co
lumbia Railroad Company, that bonds held by
non-residents are liable to State taxation.
The Georgia Legislature has passed the stay
law over the Governor's veto, and a law punish
ing horse stealing and burglary with death.
Veto Message of the President
To the Senate of the United Slates :
I regret that the bill which has passed both houses of
Congress, entitled "An act to protect all persons in the
United States in their civil rights, and furnish the means
for their vindication," contains provisions which I cannot
approve, consistently with my Bense of duty to the whole
people, and my obligations to the constitution of the Uni
ted States. I am therefore constrained to return it to the
Senate, the house in which it originated, with my objec
tions to its becoming a law.
By the first section of the bill, all persons born in the
United States and not subject to any foreign power, ex
cluding Indians not taxed, are declared to be citizens of
the united btates. This provision comprehends the Chi
nese of the Pacific States, Indians subject to taxation, the
people called Gipsies, as well as the entire race designa
te! as blacks, people of color, negroes, mulattoes, and
fersons of African blood. Every individual of these races,
orn in the United States, is by the bill made a citizen of
the United States. It does not purport to declare or con
ier any other right of citizenship than federal citizenship.
It does not purport to give these classes of persons any
stat is as citizens of States, except that which may result
from their status as citizens of the United States. The
power to confer the right of State citizenship is just as ex
clusively with the several States as the power to confer
the right of federal citizenship is with Congress.
The right of federal citizenship thus to be conferred on
the several excepted races before mentioned is now, for
the first time, proposed to be given by law. If, as is claim
ed by many, all persons who are native-born, already are,
by virtue of the constitution, citizens of the United States,
the passage of the pending bill cannot be necessary to
make them such. If, on the other hand, such persons
are not citizens, as m&y be assumed from the proposed
legislation to make them such, the grave question pre
sents itself whether, when eleven of the thirty-six States
are unpresented in Congress, at this time it is sound poli
cy to make our entire colored population and all other ex
cepted classes citizens of the United States ? Four mil
lions of them have just emerged from slavery into free
dom. Can it be reasonably supposed that they possess
the requisite qualifications "to entitle them to all the priv
ileges and immunities of citizens of the United States ?
Have the people of the several States expressed such a
conviction ?
It may also be asked whether it is necessary that they
should be declared citizens in order that they may be se
cured in the enjoyment of civil rights? Those rights pro
posed to bo conferred by the bill are, by federal as well as
State laws, secured to all domiciled aliens and foreigners,
even be fore the completion of the process of naturalization ;
and it may safely be assumed that the same enactments are
sutticient to give like protection -nd benrits to those for
whom this bill provides special legislation. Besides, the
policy of the government, from its origin to the present
time, seems to have been that persons who are strangers
to and unfamiliar with our institutions and our laws should
pass through a certain probation, at the end of which,
before attaining the coveted prize, they must give evi
dence of their fitness to receive and to exercise the rights
of citizens, as contemplated by the constitution of the
United States.
The bill, in effect, proposes a discrimination against
large numbers of intelligent, worthy and patriotic foreign
ers, and in favor of the negro, to whom, after long years
of bondage, the avenues to freedom and intelligence have
now been suddenly opened. He must of necessity, from
his previous unfortunato condition of servitude, be less
informed as to thenaturo and character of our institutions
than he, who coming from abroad, has, to some extent,
at least, familiarized himself with the principles of a gov
ernment to which he voluntarily entrusts "life, libertvand
j the pursuit of happiness." let it is now proposed by a
I single legislative enactment, to confer the right of citizen
j ship upon all persons of African descent born within the
! extended limits of the United States, while persons of
! foreign birth, who make our land their home, must under
j go a probation of five years, and can only then become
j,. citizens upon proof that they are of "good, moral charac
ter, attached to the principles of the Constitution of the
United States, and well disposed to the good order and
i happiness of the same."
j The first section of the bill also contains an enumera
i tion of the rights to be enjoyed by these classes, so made
1 citizens, " in every State and Territory of the United
j States." These rights are " To make and enforce con
! tracts, to sue, be parties, and give evidence, to inherit,
purchase, lease, sell, hold and convey real and personal
uronertv." and to have "full and equal benefit of all laws
and proceedings for the sucurity of persons and property
as is enjoyed by white citizens." So, too, they are made
subject to the same punishment, pains and penalties in com-
i moil with white citizens, and t o none others. Thus a per-
' A'. . A Ami V 4-1. s- irl-vitn Anrl 1 1 o sr fn ooq iu o ffomnforl r
be fixed by the federal law, in every State of the Union,
over the vast field of State jurisdiction covered by these
enumerated rights. In no one of these can any State
ever exercise any power of discrimination between the
different races.
In the exercise of State policy over matters exclusively
affecting the people of each State, it has frequently been
thought expedient to discriminate between the two races.
By the statutes of some of the States, Northern as well as
Southern, it is enacted, for instance, that no white person
shall intermarry with a negro or mulatto. Chancellor
Kent says, 3peaking of blacks, that " marriages between
them and the whites are forbidden in some of the States
wnere slavery does not exist, and tney are prohibited in
all the slaveholding States, and when not absolutely con
trary to law, they are revolting and regarded as an offense
aginst public decorum."
I do not say this bill repeals State laws on the subject
of marriage between the two races, for as the whites are
forbidden to intermarry with the blacks, the blacks can
only make such contracts as the whites themselves are
allowed to make, and therefore cannot, under this bill,
enter into the marriage contract with the whites.
I cite this discrimination, however, as an instance of the
State policy as to discrimination, and to inquire whether,
if Congress can abrogate all State laws of discrimination
between the two races, in the matter of real estate, of
suits, and of contracts generally, Congress may not
also repeal the State laws as to the contract of mar
riage between the two races ? Hitherto every subject em
braced in the enumeration of rights contained in this bill
has been considered as exclusively belonging to the States.
They all relate to the internal policy and economy of the
respective States. They aro matters which, in each State,
concern the domestic condition of its people, varying in
each according to its own peculiar circumstances, ana the
safety and well-being of its own citizens. I do not mean
to say that -upon all these subjects there are not federal
restraints; as, for instance, in the State power of legisla
tion over contracts, there is a federal limitation that no
State shall pass a law impairing the obligations of con
tract; and as to crimes, that no State shall pass an ex post
facto law; and as to money, that no State shall make any
thing but gold ana snver a iegai ieuuer.
But where can we find a federal prohibition against the
Eower of any State to discriminate, as do most of them,
etween aliens and citizens, between artificial persons call
ed corporaitons, and natural persons, in the right to hold
If it be granted that Congress can repeal all State laws
discriminating between whited and blacks in the subjects
covered by this Bili, why, it may be asked, may not Con
gress repeal in the same way all State laws discriminating
between the two races on the subjects of suffrage and
office ? If Congress can declare by law who shajl hold
lands, who shall testify, who shall have capacity to make
a contract in a State, then Congress can by law also de-f
larn who. W ithout recard to color or race, shall have the
ritrht. to sit as a iuror or judge, to hold any office, and,
finally, to vote "in every State and Territory in the
TT;Trf Ktnfes" As resnects the Territories, they come
within the power of Congress, for as to them, the law
miiinrr nower is the federal power: but as to the States
no similar provision exists vesting in Congress the power
" to make rules and regulations" for tbem.
The object of the second section of the bill is to afford
discriminating protection to colored persons in the full
enjoyment of all the rights secured to them by the preced
iog section. It declares "that any person who, undercolor
of any law, statute, ordinance, regulation or custom, 6hall
subject or cause to be subjected any inhabitant of any
State or Territory to the deprivation of any right secured
or protected by this act, or to different punishment, pains
or penalties on account of such person having at any time
been held in a condition of slavery or involuntary
servitude, except as a punisment for crime whereof the
partv shall have been duly convicted, or by
reason of his color or race, than is prescribed for the
nrmiuimiont f wliUe Dfii'sons. shall be deemed guilty of a
misdemeanor, and, on conviction, shall bo punished by
fine not exceeding one thousand dollars, or imprisonment
not exceeding one year, or both, in the discretion oi tne
fnnrt " Tins Bpetinn Renins to be desicmed to applv to
unnin ex is tin? or future law of a State or Territory which
may conflict with the provisions of the bill now under con
sideration, it provides ior counteracting such iwuiuutu
lArinlfl.t-irn. bv imposinsr fine and imprisonment upon the
legislators who may pass such conflicting laws, or upon
the officers or agents who shall put, or attempt to put them
into execution. It means an official offense, not a com-
mnn rimn rimmittcd asrainsc law upon the persons or
Eroperty of the black race. Such an act may deprive the
lack man of his property, but not of the right to hold
property. It means a deprivation of the right itself, eith
er by the State judiciary or the State Legislature. It is
therefore assumed that under this section members of State
Legislatures who should vote for laws conflicting with the
provisions of the bill; that Judges of tho State courts who
should render judgments in antagonism with its terms:
and that Marshals and Sheriffs who should, as ministerial
officers, execute processes, sanctioned by State laws and
issued by State iudges, in execution of their judgments,
could be brought before other tribunal and there subjected
to fine and imprisonment for the performance of the duties
which such State laws might impoga. . .
The legislation thus proposed invades the judicial pow
er of the State. It says to every State court or judge, if
von decide that this act is unconstitutional ; if you refuse,
under tho prohibition of a State law, to allow a negro to
testify ; if you hold that over such a subject-matter, the
State'law is paramount, and 'hinder color" of a State law
refuse tho exercise of the right to tho negro, your error
of judgment, however conscientious, shall subject you to
fine and imprisonment ! I do not apprehend that the con
flicting legislation whieh the bill seems to contemplate is
so likely to occuf as to render jt necessary at this time to
adopt a measure of such doubtful constitutionality:
In the next place, this provision of the bill seems to be
unnecessary, as adequate judicial remedies could be adop
ted to secure the desired end. without invading the immu
nities of legislators, always important to be preserved in
the interest of public liberty, without assailing the inde
pendence of the judiciary ; always essential to the preser
vation of individual rights, and without impairing t.ic effi
ciency of ministerial officers ; always necessary for the
maintenance of public peace and order. The remedy pro
posed by this section seems to be, in this respect, not only
anomalous but unconstitutional ; for the constitution
guarantees nothing with certainty, if it does not insure
to the several States the right of making and executing
laws in regard to all matters arising within their jurisdic
tion, subject only to the restriction that in cases of conflict
with the constitution and constitutional laws of the United
States, the latter should be held to be the supreme law of
the land.
The third section gives the district courts of the United
States exclusive "cognizance of all crimes and offences
committed against the provisions of this act," and con
cturent jurisdiction with the circuit courts of the United
states or ail civil ana criminal cases - aneciing persons
who are denied or cannot enforce in the courts or judicial
tribunals of the State or locality where they may be any of
tne nents securea to tnem Dy tne nrst section. xne con
struction which I have given the second section is strength
ened by this third section, for it makes clear what kind of
denial or deprivation of the rights secured by the first sec
tion was in contemplation. It is a denial or deprivation
of such rights "in the courts or judicial tribunals of the
It stands, therefore, clear of doubt, that the offence and
the penalties provided in the second section are intended
for tne State judge who, in the clear exercise of his func
tions as a judge, not acting ministerially, but judicially,
shall decide contrary to this federal law. In other words,
when a State judge, acting upon a question involving a
coniiict between a State law and federal law, and bound,
according to his own judgment and responsibility, to give
an impartial decision between the two, conies to
the conclusion that the State law is valid and the fed
eral law is invalid, he must not follow the dictates of his
own judgment at the peril of fine and imprisonment. Tho
legislative department of the government of I he United
States thus takes from the judicial department of the
States the sacred and exclusive duty of judicial decision,
and converts the State judge into a mere ministerial offi
cer bound to decide according to the will of Congress.
It is clear that in btates which deny to persons whose
rights are secured by the first section of the bill any one of
those rights, all criminal and civil cases affecting them,
will, by the provisions of the third section, come under the
exclusive cognizance of the federal tribunals. It follows
that if, in any State which denies to a colored person any
one of all those rights, that person should commit a crime
against the laws of the State, murder, arson, rape, or any
other crime, all protection and punishment through the
courts of the State are taken away, and ho can only be
tried and punished in the federal courts. How is the crim
inal to be tried ? If the offence is provided for and pun
ished by federal law, that law, and not the State law, is to
It is only when tho offence does not happen to bo with
in the purview of federal law that the federal courts arc to
try and punish him under any other law. Then resort is
to be had to the common law, as modified and changed"
by State legislation, "so far as the same is not inconsis
tent with the constitution and laws of the United States."
So that over this va.vt domain of criminal jurisprudence
provided by each State for the protection of its own citi
zens, and for the punishment of all persons who violate
its criminal laws, federal law, wherever it can be made to
apply, displaces State law.
The question here naturally arises from what source
Congress derives the power to transfer to federal tribu
nals certain classes of cases embraced in this section ?
Tho constitution expressly declares that the judicial pow
er of the United States "shall extend to all cases in law
and eauitv arisimr under this constitution, tho laws of the
United States, and treaties made, or which shall be made
under their authority ; to all cases attecting ambassadors,
other public ministers and consuls, to all cases ot admi
ralty and maritime jurisdiction ; to controversies to which
the United States shall be a party ; to controversies be
tween two or more States ; between a State and citizens
of another State ; between citizens of different States ; be
tween citizens of the same State claiming land under
grants of different States, and between a State or the citi
zens thereof, and foreign btates, citizens or subjects.
Here the judicial power of the united btates is expressly
set forth and defined ; and the act of September 2i, 178U,
establishing the judicial courts of the United States, in
conferring upon the federal courts jurisdiction over cases
originating in State tribunals, is careful to confine them to
the class enumerated in above recited clause oi tne
constitution. This sectirm of the bill undoubtedly com
prehends cases and authorizes the exercise of powers that
are not, by the constitution within the jurisdiction of the
courts of the United States. To transfer them to those
courts would be an exercise of authority well calculated
to excite distrust and alarm on the part of all the States, for
tho bill applies alike to all of them, as well to those that
have as to those that have not been en
;aged in rebel-
It may be assumed that this authority is incident to the
power granted to Congress by the constitution, as recently
amended, to enforce, by appropriate legislation, the article
declaring that "neither slavery nor involuntary servitude,
except as punishment for crime whereof the part' shall
have been duly convicted, shall exist within the United
States, or anv place subiect to their jurisdiction." It can
not, however, be justly claimed that, with a view to the
enforcement of this article of the constitution, there is at
present any necessity for the exercise of all the powers
which this bill comers.
Slavery has been abolished, and at present nowhere ex
its within the jurisdiction ot tne united btates, nor lias
there lieen. nor is it likely there will be, any attempt to re
vive it, by the people or the States. If, however, any such
attempt be made, it will then become the duty ot the gen
eral government to exercise any and all incidental powers
necessary and proper to maintain inviolate tnis great con
stitutional law of freedom.
The fourth section of the bill provides that officers and
agents of the Freedmen's Bureau shall be empowered to
make arrests, and also that other officers shall be special
ly commissioned for that purpose by the President of the
United States. It also authorizes the circuit courts
of the United States and the superior courts of the
Territories to appoint without limitation commissioners,
who ai 9 to be charged with the performance of quasi judi
cial duties. The fifth section empowers the commistion
ers so to be selected by the courts to appoint in writing,
under their hands, one or more suitable persons from time
to time to execute warrants and other processes described
by the bill. These numerous official agents aro made to
constitute a sort of police, in addition to the military, and
are authorized to summon a posse comUalus, and even to
call to their aid such portion of the land and naval forces
of the United States, or of the militia, " as may be neces
sary to the performance oi the duty with which they are
This extraordinary power is to be conferred upon agents
irresponsible to the government aud to the people, to
whose number the discretion of the comissioners is tho
only limit, and in whose hands such authority might be
made a terrible engine of wrong, oppression and fraud.
The general statutes regulating the land and naval forces
of the United States and militia, and the execution of the
laws, are believed to be adequate lor every emergency
which can occur m time of peaco. If it should prove oth
erwise. Congress can at any time amend those laws in such
mariner as, while Bubsevrtmg the public welfare, not to
ieor.ard the riehts. interests and liberties of the people,
Tne seventh section provides that a fee of ten dollars
shall be paid to each commissioner in every case brought
before him, and a fee of five dollars to his deputy or de
puties " for each person he or they may arrest and take
before any such commissioner," "with such other fees as
mav bo deemed reasonable by such commissioner," "in
general for performing such other duties as may be re
quired in the premises." All these fees are to be "paid
out of the Treasury of the United States," whether there
is a conviction or not ; but in case of conviction they are
to be recoverable from the defendant. It seems to me
that under the influence of such temptations bad men
might convert any law, however benificent, into an in
strument of persecution and fraud.
By the eighth section of the bill the United States
courts, which sit only in one place for wliite citizens,
must migrate with the Marshal and District Attorney,
(and necessarily with the Clerk, although he is not men
tioned,) to ny part of the district, upon the order of the
President, and there hold a court "for tho purpose of the
more speedy arrest and trial of persons charged with a
violation of this act ; " and there the judge and the officers
of the court must remain, upon theorder of the President;
"for the time therein designated."
The ninth section authorizes the President, or such per
son as he may empower for that purpose, " to employ
such part of the land and naval tones ot the United
States, or of the militia, as shall be necessary to prevent
the violation and enforce the due execution of tins act."
This language seems to imply a permanent military force,
that is to be always at hand, and whose only business is
to be the enforcement of this measure over the vast region
where it is intended to operate.
I do not propose to consider the policy of this bill. To
me tho details of the bill seem fraught with evil. The
white race and black race of the South have hitherto lived
together under tho relation of master and slave capital
ovviiing labor. Now, suddenly, that relation is changed;
and, as to ownership, capital and labor are divorced.
They stand now each master of itself. In riiis new rela
tion, one being necessary to the other, there will be a new
adjustment, which both are deeply interested in making
Each has equal power in settling tho terms, and if left
to the laws that regulate capital and labor, it is confidently
believed that they will satifactorily work out the problem.
Capital, it is true, has more intelligence ; but labor is
never so ignorant as not to nnderstand its own interests,
not to know its own value, and not to see that capital
must pay that value. This bill frustrates this adjustment.
It intervenes between capital and labor, ami attempts to
settle questions of pohthcal eoouomy through the agency
of numerous officials, whose interest, it will be to foment
discord between the two raoes; for as the breach widens
their employment will continue, and when it i closed their
occupation will terminate.
In all our history, in all our experience as a people liv
ing under Federal and State law, no such system as that
contemplated bv the details of this bdl has ever before
been orowsed or adopted. They establish, for the secu
rity of the colored race, safeguards which go infinitely be
yond anv that the genera) government has ever provided
for the white race. Ia act, the distinction of race and
color is, by the bill, made to operate in favor of the color-
I ed, and against the white race. They interfere with the
I municipal legislatioh of the States, with the relations ex
isting exclusively between a State and its citizens, or be
tween inhabitants of the same State an absorption and
assumption of power by the general government which, if
acquiesceu in, must sap and destroy our lederative svstem
or limited powers, and break down the barriers which pre
serve the rights of the States. It is another step, or rath
er stride towards centralization, and the concentration of
all legislative powers in the national government. The
tendency of the bill must be to resuscitate tho spirit cf
reDenion, ana to arrest the progress or those influences
which are more closely drawing around the States tlu
bonds of union and peace.
My lamented predecessor, in his proclamation of tho
first of January, 186;, ordered and declared that all ptr-
sons beld as slaves withm certain States and partu of
btates therein designated were and thenceforward sho&ld
be lreo; and further, that the executive government of the
United States, including the military and naval authori
ties thereof, would recognize and maintain the freedom of
such persons. Ihis guaranty has been rendered especial
ly obligatory and sacred by the amendment of the consti
tution abolishing slavery throughout tho United States. J
therefore fully recognize the obligation to protect and do
lend that class ot our people, whenever aad wherever it
shall become necessary, and to the full extent compatible
mm me constitution oi me unnea btates.
.uiiLeiiiuiim tneee sentiments, it omv remains lor me
to say that I will cheerfully co-operate with Congress in
any measure that may be necessary for the protection of
the civil rights of the freedmen, as well as those of all
other classes of persons throughout the United States, by
jucuciai process unacr equal ana impartial laws, in eon-
iormity with the provisions of the federal constitution.
T L Jl 1 -11 lit i .
x now reiuin tne um to tne senate, ana regret tnat in
considering the bills and joint resolutions forty-two in
number which have been thus far submitted for my ap
proval, I am compelled to withhold my assent from a se
cond measure that has received the sanction of both
Houses of Congress.
March 27, 18uU '
Washington, D. C.
An Honest Iludieul AV'Hiitss.
A correspondent of the Cincinnati Commercial,
who is vouched for by that paper as an " old-fashioned
Abolitionist, who does not extenuate any
thing, or set down aught in malice," writing from
Southern Arkansas, says :
"During a month's travel in this country con
versing with scores daily I have heard less com
plaint and less denunciation of the Government
than can be heard around the various comers of
Vine and Fourth streets, in your citv. in thirty
minutes, by day-light particularly of a Sunday
morning. That there is an anxiety to know when,
if ever, they are again to take their places in the
Union as reconstructed States, i3 evident enough,
but there is a modesty about this that does not ill
become a high-toned conquered enemy. .
From all that I have been able to discover, I am
satisfied that if the State of Arkansas was admit
ted into the Union to-day, with all the rights and
privileges she ever enjoyed in it, except as to
slavery, she would be much better governed in
the year to come than she has been during the
year which is past. It matters not to me now that
her people have been in rebellion against the
Government; they have been punished for that.
Whether that punishment has been adequate to
the crime committed, cannot be a question with
any noble-minded victor, for she has cried
"Enough!" If we are a magnanimous victor,
really as powerful as we talk, wo will not only let
this fallen enemy " get up," but by brushing the
dust from her soiled garment, try and make of
her a fast friend. Her poeple, like other human
beings, can and will appreciate words and acts of
kindness. As a proof of this Henry Ward Beech
er's sayings upon the subject of reconstruction
have made him decidedly popular here. There is
no living man who would be more cordially re
ceived and listened to with more respectful atten
tion than he. This may be charged to selfish in
terested motives; but such suspicions, just now,
when there are wounds to be healed, arc far more
dangerous to the good of the country than the
helpless objects of them.
This is very different testimony from that given
by the pack of political hacks, who, for partisan
ends, are employed to slander the South and
everything . connected with her people. Of the
condition of the free people, he says :
If some Christian effort is not soon put forth
upon a gigantic scale, they will soon go the way
of the North American Indians. One of their
most ruinous vices is licentiousness. Who, that
has been at all acquainted with the negroes under
the slave system, does not know that it has been
the practice among slaveholders to keep a strong
plantation police, for the express purpose of pre
venting a corrupt, indiscriminate mingling of the
sexes, that they might profit by the increase.
This barrier, created for such an ignoble end, is
now removed, and the results are obvious You
will hardly see a negro infant in a day's .-journey.
There seems to be little or no care by th& moth
ers for such off-spring as they do have. At one
poin 1 1 passed on the Ouachita, I was told that
three negro infants had been found in the liver
within one week. What an account will our Ai
lanthrophists be able to give, if they fail to accom
plish as much for the sake of humanity as t he
slaveholder did, with the same material, for the
sake of dollars and cents.
Bui the most noteworthy part of his letter is the
following giving the lie, as it does, to the radical
stories of Southern lawlessness :
Beside, you are not shut out from them now.
You are as safe there as here. You will not be
lieve in the bugbear stories of persecution and
danger in the South. Such things are only true
to those who hunt for them. You can find bug
bears here, as there, if you are so disposed.
Memphis Apfteal.
Romance of the Var-Tl rilling Adventurers of
a. Young and Beautiful Woman.
Among the many thrilling events of the late war
none can exceed the adventures of Mrs. Loretta
Do Camp,, the subject of this sketch. Mrs. De
Camp, whose maiden name was lioach, was born
in the West Indies in 1838, and is now about
twenty-eight yearsjof age. At an early period her
parents moved to the united States and settled in
the parish of St. James, Louisiana. The current
of her life ran smoothly on, untiljthe outbreak of
the war tor Southern independenoe, when, fired
by enthusiasm in, as she thought, the cause of
liberty, she donned4the male attire and was among
the first to rush to arms, liaising a company ot
cavalry and equipping it at her own expense, she
proceeded to Virginia and there served for eight
months on the Peninsula, under the command of
the celebrated Col. Dreux, before her sex was dis
covered. When this occurred she was at once mustered
out and ordered home. Instead of obeying the
order she proceeded to Columbus, Kentucky, and
was serving with General Polk at the evacuation
of that place. She proceeded to Island No. 10,
but not Vicing satisfied with the manner in which
affairs were conducted there, she left and went to
Fort Pillow, where she was elected first Lieuten
ant in Captain Phillips' Company of Independent
Tennessee Cavalry. With her company she pro
ceeded to Corinth, and reported to General A. S.
Johnston. At the battle of Shiloh Captain Phil
lips fell mortally wounded, and the command then
devolved on her. While gallantly leading her
company in a charge, she was twice wounded and
carried from the field. After the retreat to Cor
inth she was taken to New Orleans for surgical
treatment, and when Lhe city fell into the Federal
hands she was amongst those taken prisoner. After
a confinement of several months she was paroled
and soon after exchanged.
Proceeilingat once to Richmond, the disguised
female soldier was commissioned 1st Lieutenant
in the Adjutant General's department, and order
ed to report to Gen. Marcus J. Wright, command
ing the district of Atlanta, Upon reporting she
was assigned to duty with the Provost Marshal, as
chief of detectiveandmilitaryconductor. Serving
for several months in this capacity, she met Maj.
DeCamp, of the 3d Arkansas Cavalry, to " whom
she was encrasred to be married nrfivioiisi in the
war. The ceremony was then performed at Atlan
ta, and from the dashing Lieut. Koach she was
transformed into to the sober Mrs. Mai. DeCamn.
From this time her services ceased as an officer in
the field and she was engaged in secret service
sometimes in the Confederacy, again in England,
and then in Canada. In 1864 she spent several
months traveling in the United States, and even
went so far as the Sioux country in Minnesota.
Iler husband, who was taken prisoner in the fall
of 1863, while serving with his regiment in Geor
gia, was carried to New York. After a long and
arduous seige she at length succeded in getting
him paroled in January, 1865, but he lived only
eight days after his release from prison. Subse
quent to the death of her husband (in January,
1865,) she proceeded to Columbus, Ohio, to watch
over the interests of the Confederate prisoners
confined at Camp Chase.
After the final collapse of the Confederacy, Mrs.
De Camp remained in the North until January,
when she'returned to her home in Louisiana; but
remaining there only a few days she proceeded to
Memphis, and purchased a stock of goods which
were shipped on the ill-fated steamer Miami, which
was blown up on the Arkansas in February. She
was one of the two ladies who were saved, but
with the sacrifice of all her baggage and goods.
liy an unfortuato oversight . on the part of her
1 A . 1 1 , . .
uiuiciiLMiis, iier goous were not insured, and, con
sequently, she lost her all. , . . . : '
Mrs. De Camp is now in this city, and sojourn
ing at the Southern Hotel. Many who served in
the Confederate army, will remember the dashing
.LieuT. ixoacn, oi whom so much was said in Mo
bile and Selma, in 1863. Our space will not per
mit a full recital of her adventures.
St. Louis Republican.
From the Sun and Times.
In Memory of the Confederate Dead.
Columbus, Ga., March 10, 1866.
Messrs. Editors: The ladies are now, and have
been for several days, engaged in the sad but
pleasant duty of ornamenting and improving that
portion oi tue city cemetery, sacred to the memo
ry of our gallant Confederate dead, but we feel it
an unfinished work unless a day be set apart an
nually for its especial attention. We cannot raise
monumental shafts, and inscribe thereon their
many deeds of heroism, but we can keep alive
the memory of the debt we owe them, by at least
dedicating one day in each year to embellishing
theirhumble graves with flowers.
lherefore, we beg the assistance of the press
and the ladies throughout the South, to aid us in
our efforts to set apart a certain day, to be observ
ed from the Potomac to the Rio Grande, and be
handed down through time, as a religious custom
of the country, to wreathe the graves of our mar
tyred dead with flowers. We would propose the
day of April, as at that time our land may be
truly called the "land of flowers." Let every
city, town and village join in the pleasant duty:
let all be alike remembered, from the heroes of
Manassas to those who expired amid the death
throes of our hallowed cause. We'll crown alike
the honored resting places of the immortal Jack
son, in Virginia, Johnson, of Shiloh, Cleburne, in
Tennessee, and the host of gallant privates who
adorned our ranks all did their duty, and to all
we owe our gratitude.
Let the soldier's grave, for that day at least, be
the Southern Mecca, to whose shrine her sorrow
ing women, like pilgrims, may annually bring
their grateful hearts and floral offerings. And
when we remember the thousands who were buried
with " their martial cloaks around them," without
christian ceremony of interment for their beloved
bodies, we would invoke the aid of the most thrill
ing eloquence throughout the land, to inaugurate
this custom, by delivering on the appointed
day this year, an eulogy on the unburied
dead of our glorious Southern army. They
died for their country. Wliether their country
had, or had not, the right to demand the sacrifice,
is no longer a question of discussion with us. We
leave that for the future nation to decide. That
it was demanded, that they nobly responded, and
fell holy sacrifices upon their country's altar, and
an? thereby entitled to their country's gratitude,
none will deny.
The proud banner under which they rallied in
defanse of the noblest cause for which our heroes
fought, or trusting woman prayed, has been furled
forever. Tho country for which they suffered and
died has no name or place among the nations of
the earth. Legislative enactments may not now
be made to do honor to their memories but the
veriest radical that ever traced his geneology
back to the deck of the May Flower, could not
deny us the simple privilege of paying honor to
those who died defending the life, honor and hap
piness of the
Southern Women.
From the llichmond Enquirer.
The A'atlon."
If straws show which way the wind blows, words
aro equally indicative of the way that oligarchy
tends. The Northern Press and people have
many expressions born of these latter days, when
ancient principles have become defunct. Among
the words of almost universal prevalence this
word "Nation" is the more conspicuous. John
C. Calhoun, than whom no man is more unjustly
maligned or so strangely misunderstood, as far
back as 1819, detected the outcropping of centrali
zation, as foreshadowed by this very word in its
application to the Federal Union. Since his day,
the whole North has joined in the chorus, and
made it the slogan of "strong government."
We never were so firmly pursuaded of the great
Carolinian's patriotism and prophetic genius as in
this very day and generation. He was a true lover
of his country, and a true Republican a very
zealot, if you will, in maintaining its honor, faith
and freedom. He knew that the only danger of a
disruption of the Union came from those who,
formerly Abolitionists, are now termed Radicals.
All honest men can see for themselves how little
love for the Union ever existed among them, and
the sad conviction which forced Lt. Gov. Cowper,
of Virginia, to contrast, the Southern love for the
Constitution with the Radical hate of that instru
ment, is beginning to work wonders with many of
the same stamp.
Mr. Calhoun observed in 1819 that as far as the
word " Nation " was concerned, that neither truth
nor real meaning lurked in it. He declared that
such perversion of language tended to consolidate
the Government and produce a wrong impression.
WThen the Constitution was formed the word "na
tional " was not employed, and it was diligently
eschewed by Washington and the founders. They
speak, said Mr, Calhoun, they speak of the "Gen
eral Government of the Federal Union" but struck
out ' nation in all places ; and the preamble to
the Constitution reads: "We, the People of the Un
ited btates. V e are not a nation, and the word
was never heard until the Abolition frenzy be
gan. s
Mild V inters. The Gazette du Midi, a French
journal, publishes some facts respecting winters
remaiKable lor their mildness. In 1172, 1289,
1421 and 1527, the trees in January were already
in leaf, and the birds had begun to build their
nests in the branches. In 1538 the gardens
were failed with flowers on the 1st of February,
and in Paris swimming parties were organized.
llie winter of 1703 was very rigorous throughout
France, but this remarkable fact was observed,
that at the town of Sables d'Olonne (Vendee), and
six leagues around, the months of December, 1862
and January, 1763, were exempt from cold, while
elsewhere the weather was very severe, and .the
mouth of the Loire frozen. That occurrence was
remarked by the learned Le Condamine,;who:w'as
then at Sable d Olonne ; he called the attention; of
men of science to the fact, but the reasons could
never be ascertained. The mild winters of : 1807,
1822 and 1853 had no pernicious effect on the
crops! ' - ' 1 '
Mr. Stephens and the Georgia Sjesatorship.-
A Washington correspondent .oi ".the Philadelphia
Ledger asserts that Mr. Stephens'--final -accept-'
ance of the Georgia SenatorsKip was Iir:aonseU
quence of an assurance from.high officials-in Uiatj
city that he would be admitted to Ins seat, and
the President is determined to do hits test to se
cure that admission. His case is not an isolated
Maj. Gee. The trial of this gentleman is still
going on in Raleigh. Tho Sentinel speaks very
highly of the ability and zeal of Col. Holland, the
counsel of Maj. Gee, and aLso of tho Judge Ad
vocate. That paper seems to think that when tho
witnesses for the defence are heard, their testimony
will exculpate Maj. Gee from all blame.
Miltojt and the Freedmen. A correspondent
of tho National Intelligencer says that in Milton
there is no ill will existing between tho whites and
blacks. The mails are carried by a freedman (tho
only colored contractor in tho Union) appointed
upon the recommendation of the citiz6ii8. Two
Schools, taught by two freo negroes, aro in suc
cessful operation, whoso father was a citizen of
the State by legislative act, and was formerlv a
slave owner, and has now tho most extensive cab
inet shops in the place. All this, too, in a town
mat teas never had a Bureau office in it (except one
Sunday,) nor any troops stationed there
N. C. Bonds. Wo are glad to find that North
Carolina old sixes are on'the advance. Thev had
run down below 75, when tho Legislature came to
the rescue. After tho passage of tho funding bill
they began to rise. They now command in New
York 83 to 84. U. S. sixes in New 1'oik are mio
ted at 104 H'. Sentinel.
Ve see it stated in the Washington papers, that
the Hon. Weldon N. Edwards, of this State, has
been pardoned by tho President within the past
week. Mr. W. was President of tho State Conven
tion in 1861.
Mails foe the West. Thero is no mail be
tween Morganton and Asheville. All mail matter
designed for tho tran: -mountain country, should
bo sent via Lincolnton, N. C, or Greenville, S.
We learn from tho Sentinel tl
ladies of Raleisrh contemplate, at an enrlv hitp.
giving a concert, for the purpose of assisting tho
patriotic designs of their sisters of Winchester.
The Tarboro' Southerner is enthusiastic over an
amateur Theatrical exhibition sit. Tti irkx Mm-nit.
It speaks in high terms of the display of native
Only seventeen miles now remain uncompleted
on the Charlotte and South Carolina Railroad.
Gov. Vance. This centleman havino- settled in
Charlotte, has formed a copartnership for the prac
tice of law, under
the style of Vance, Dowd and
J ohnston
Gen. Bradley T.' Johnson, late of the Confederato
Army, was arrested in Baltimore on Thursday, on
a bench warrant issued by Chief Justice Chase, U.
to. foupremo Court. Charge, treason. He was on
his return from Milwaukio, to bring to Raleigh
his invalid wife. Gen. J. was ths Col. of the
noted First Regiment, " Maryland Line." Ho is
a son-in-law of Judge R. M. Saunders, of Raleigh,
where he has resided since the war.
Another "Party Effect" Whopper Nailed.
Gov. Worth has received the following letter from
one of the most intelligent and reliable gentlemen
connected with the Society of Friends, in reference
to tne late canard, put out by certain papers for
party purposes," in regard to allecred persecu
tions of the Quakers :
Busn nn.L, Randolph Co.,
the 27th of 3rd month, 1866.
Gov. Jonathan Worth :
Dear Friend : I am acquainted with nearly
all the Friends residing in Guilford, Randolph
and Davidson counties, and I have heard of no
persecution or ill-treatment whatever, and thero
have but very few removed since the close of tho
war, and none Irom oppression that I know of.
There have some two or three companies of peo
ple removed out of the above said counties, but
there was but very few. if anv. Friends amon c
I am, with much respect,
Distressing Casualty. A son of J. J. Wallace
of Harnett county, was caught under a falling
tree, felled by his father, last week, by which his
skull was broken so that it is thought he cannot
live. Standard.
Aid for the Dismal Swamp Canal. Washing
ton, March 28. Tho Secretary of the Treasury
sent a communication to tho House to-day, re
commending that aid bo given to tho Dismal
Swamp Canal, as tho Government owns two-fifths
of tho stock, and calls attention to tho memorial
of tho President and Directors who estimate
$200,000 as the amount necessary for the repair of
the canal. Referred ' to tho Committee on Com
merce. The Dan River Coal Fields. Tho Coal Fields
lying in part, in Stokes and Rockingham Counties,
give evidence of being very valuable. There is
batteau communication immediately from tho Coal
seam to Danville, down the Dan River, a distance
of twenty-five miles.
Mr. Murphy, one of the members from Samp
son county, who has been qnito ill, publishes tho
following card in the Raleigh papers :
Exchange Hotel, )
Raleigh, N, C, March 27th, 18M. j
To the ladies of llaleigh, my physicians, landlord and
numerous friends, and especially to those youn gentle
men who so assiduously watched over mo" at night, my
thanks are due and hereby tendered, for their attention,
kindness and favors so lavishly, kindly and generoiiHly he- '
stowed during my recent, severe and critical illness in this
plaec. p. M UK 111 Y.
Edgar Ballard, of North Carolina, got on a frolie
in Baltimore, and had four hundred dollars stolen
from him.
Crowder Allen was mortally wounded by a ne
gro, stabbing him at Elizabeth City, North Caro
lina, last Monday. The negro was shot and badly
wounded in trying to escape.
Rascality. On Sunday afternoon, as the train
on the Petersburg and Weldon Railroad was pass
ing, about twelve miles north of Weldon, towards
Petersburg, a heavy piece of railroal iron was
thrown from a wood pile on side of road by two
negroes. Forntunately no one was sitting near
the window at which the niis.sile was thrown, and
the only damage was that of the smashing of tho
window. Two passengers who were riding on tho
platform of ones of the cars witnessed the villian
ous act, and jumping off, (the train was not going
very fast,) pursued the negroes. They succeeded
in catching one of them. The train backed and
took them on. The negro was taken into the bag
gage car, and well thrashed by several I'ederal
soldiers and citizens. He was then turned loose.
He will hardly attempt the like again. Progress.
Special Dispatch to the New York Tribune
Washington, March 23. Lieutenant-General
Grant is shortly to sail for Europe, and the Navy
Department are now looking up a vessel for his ac
commodation. Captain Ammen, an old schoolmas
ter of the General's, and now of the iron-clad Mian
tonomo, is to be transferred to the man-of-war that
conveys the military chieftain across the ocean.
The Miantonoma is ordered off for a shoit but im
portant cruise in adjacent waters.
iA;paTty residing here has commenced suit against
General'Terry in tlio United States Court for this
District, claiming damages for loss and injury
caused .bjr the Geirai", as Commander of the De
partment, of Virginia.' v '
- So many Federal-applnioes at tho South aro
Bwallowinir the iron-clad oath with such easy avid
ity, that a bill will bo prepared and probably pass
ed, by Congress, requiring District Attorneys and
Grand Juries In the. reD&IMtfs "States to return all
cases of known perjury,' for indictment beforo
their respective District Courts.

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