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The Fairfield herald. (Winnsboro, S.C.) 1849-1876, September 12, 1866, Image 1

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Giilawrd Desport (r Co
Terms.-Tui IsitArn is pubilerti Week.
ly In the Ton of winnsboro, at $3.00 in,
bareably in advance.
8& All transient advortismeuts to be
paid in advance.
Obituary Notices and Tributes $1.00 per
ion. Jefferien Davis and 1i1s Slanderers
-Infamdus Falsehoods Expose d.
July 31, 1806.
To the EBlitor of the Afetopolitan Rec.
ord :
DiC.in SIR: I have been convinc d
by the teachingsoof history and man, and
nioro particularly by the events Which
have come under my own personal
knowledge durin- the past five years,
"that a lie well stuck to answers as well
as the truth" to serve the purpose of
hate Mnd envy, aknd we I be unto tho. in
dividual and peopio. who are forced to
permit a systematic anld persistent Slan.
tier to go unrefuted. Victor lIIlugosays
somewhere that a man's destiny depends
as much upon what is said of hii as on
what he a.tually does. The fanaties of
the North have acted on this fact for
thirty years, and the dignifled contempt
with which we Iave.reg trdud their imis
represent ations has ended in our ruin and
These reflections have been called to
mind by reading the report of the coin
mittoo appointed by Congress to inves.
tigato the charges against President Da.
vis of complicity with the assassindlion'
of tho late President Lincoln.
It appears to me that a sense of shamo
would prevent any set of men who had
ft particle of feeling of honour from the
attempt to link the name of such a char,
actor as Jefferson )avis witi murder and
C rime.
A'ter the most diligent investigation,
running throuthi a period if more than
twelve months, ind suborning witnesses
who for tih howir of humanity, be it
said, recanted at t.h last motient. mnd
confessed their dark crinio, what does
tho whoe testimony amiounit to ?
- First., that Mr Davis, during the pro.
.gress of a long and terrible war, con
ducted on the part of our onomies, with
a barbarous cruelty unknown to modern
times, received a few letters from a fe w
Individuals requesting permission to of
fer themselves as istrumentO to rid
their country of the men who oro re
garded as the wicked aut hors of our suf
ferings. These letters are paraded bo
fore the public-ono from C. T. 0. D
Kalb, another from. J. S. Parramere,
and another from Lieutdnant Waldemar
Alston, reqiestiig his permission. The
two first are unknown to me ! but Lieu.
tenant Alston was an oflicer under my
command at one time-an naessuming
and intelligent youth, about nineteen,
years of age, who had witnessed onough
cruelty at the hands of the. enlemy to
turn his heart into bitterness and gall.
In none of these eases was the permission
sought granted ; and the Committee
were careful to . suppross those cases
where it was notvonly refused, butt re
jected with indignant scorn, as wva' al
ways the case when these kind of letters
was brought to the personal knowledge
of Mr. Davis. I can testify to one case
which happened in my owna regiment
partty whlo made the request was placed
under arrest, anld ordered to be tried by
court-miartial. A gallant young lawyer
from Memphis, Tennessee, who was
moent, Morgan's Brigade, mai ,under
the eense of recent injuries, wrote to Mr.
Davis to request permission to ,go to
~Washington anld aissassinato Mr. Lincoln
ftnd his Cabinet, blow up the capitol, &e.
S Mr. Davis endorsed on the bac of the
o ltter, "Atrocious, 1Respectfully refer
v red to the Secretary of War, who will
order the arrest and~rial by court- mar.
tial of the writer. J. 1)."
*This letter, with this endorsement,
'as returned to General Morgan while
n' is lUrigade was at Blsek's Shop, niear~
Murfreesboro', by Mr. Randolph, then
Scoretary .of War. Captain- wvas ar
r-ested and was so mortifled at his arrest
that lie shouldered a musket, and march.
lng headlong into the first battle, -was
killed at Milton, Tennessee.
'.fbeso facto can beoestablishied by 001n.
lBasil Duke,. Col. N. 0. P. Brecken
1bridge, Major William P. Elliott, Com-.
fnissary of .drigade, Major D~avid H.
- leollyn, Q/ M.. .Col R. A. Alston,
then Captain and A. A. G. .
The second charge wlich depends on
the false testimony or one Lewis F.
13ates, a rampant-secessionists and reo
gadle Yankee, that Mr Dlavis, when lie
tlieived .Breekinbrkdgo's dispatch an
nlouncing the assassination of Mr. Lin-.
cola said : "Well, Gonoral, 1 do not
know, if it wore to be done at all, It
aere bettor theit it wvoro we'll done ; anid
if th'd same had been done to Andy
* Johnson, the Beast.and Secretary Stan
.ton, tho. job would have been com-.
- A more shamoless lie was noyer ut
tered by a renegade -Yankee, and if
this man has any e'onscienlce left) it mlust
~k sting him with reniorso, tint-iil bo is driv
en, likesthe ether witiesses, to rep~ent,
and take back this dam'ning Dil. ,God
forgive him, for wve nover earf.
-t The writer of this was standing with
ii ten foot of Mr. Davis whenm ho re.
ceived this dispatch, anld never will lie
forget the awfui soleinnity of the ocvea
sion, and the noble grandcleur and digni v
of Mr. -Davis' appearance. It was in
the town of Charlotte, North Carolina ;
General Lee's army had surrendered
Johnson's army was entirely disorgam.
zod, all was confuiion, dread, uncertain
ty atd gloom. Mr. Davis looned up
more proudly than he had ever before
appearel to mio ; for- he - alone, of all
that vast crowd, seemed to retain the
majesty and self-possession of his char
actor, and to ri.ie with the cmergnmcies
of th-at droadfl hour' Riding into town
ht the head of a small cavalry esdort, he
dismounted -opposite to the house of tlLiS
Lewis F. Bates, who had ecent Mr. Da
vis a special invitation to be his guest
promlptcd, no doubt., by the desire to
collect testimony in priva'te conversa
tion, that lie might use hereafter to ad
vantage; instead of soliciting it as an
honor, that lie might transmit to his
Disnonitting from his horse, he pto
ceeded to enter the house of Mr. Bates,
and was met at, the steps by Colonel
\Villiam Johnson, a prominent citiemn
of Charlotte, and President of the Char
lotte, and Columbia Rail Road, who
said : "Mr. President, i6 behalf of the
citizenls of Clarlotte, 1. give you a cor
dial a elcome to the 9fbstilities of our
tow.t Mr. 1Davis, who was dressed in
a plain suit of gray,.. and woroe a low
crowned white felt hat, nearly covered
with crape, bowed low and gracefully,
saying as lie did so, "I thank you sir."
The lar-go crowd,' consisting almost-en
tiroly of eoldiors, 'with tearful eyes and
overflowing hearts, said, with deep carn
estuess, "speak to us," "let us hear from
you." Ile turned 'with his kind, benig
nant, dignified look, to the. crowd and
"My Triends, I thank you for this evi
dence of youar aniection. If Iliad como
as the bearer of glad tidings, if I had
come to announce success at the head
of-a triumphant army, this is nothing
met than I would have expected ; but,
coming as I do, f.o tell you of vmy great
disasi'tr ; coming as I -do, to tell you that
our national affilirs have reached a very
low point of dp rieion: cowm, I'rayu
say, a refigee fron the capital of tle
country, this dumonsfration of your love.
fills ine with foolings too deop fot- utter
aice." . [Oh1,' my God! he et it. all.]
"This has been a war of the .people for
the people, and I have been simply
their executive ; and if they desire to
continue the struggle, .1 am still ready
and wv'illinig to devote myself to their
cause. True,- Cen1eral Lee's army has
surrendered, but the men are still alive,
the cause. is not yet dead ; and only
show by your determination and forti
tude that you are willing to siffer yet
longer, and we may still hope for sue,
cess. In reviewing my administration
of the past four years, I am conscious of
having conintted- errors, and very
grave ones; but in all that J have done,
in all that I livo tried to do, I can 1N
-my hand upon my heart and appeal to
God that 1 have had but one purpose to
serve, but one mission to fulfill the pro
servation of-the true principles of consti.
tutional freedom, which are as dear to
me to day as they wero four yea.ls ago.
I have nothing to abate or take back; if
they were right then, they are right
now, and no misfortuno to out- arms can
change right into wrong. Aga n I
thank fou."
These wvere the last 'words'- of Jefl'er..
son DAvis to his vanquished and scatter
ed people, and few among the vast au
dionce wvho will not remember them.
Goid knows they Bunk doep into my
heart, and I can feel again wha't I then
felb4 .whein I heard my noble chieftain
hid us what I felt ivas his last adieu.
Many of us~ could no longer retain our
He bowed, and was about to turn to
go iuto the house, whon alittle boy froem
the telegraph offico hianded hinm a die
patch. Heb opened it calmly, and read
it in silence, and f~ding it tup ~and re
turningiL to the envelope, handed it to
Colonel William Johnson, remarking as
he did no, "Tis containe. very astound
ing intelligence." The crowd, whose
-anxioliy could no longer be restrained,
cried out, "Read' it I" ':Read it!" and
Colonel Johnson,. in his deep, slowv and
sol~tin tone, read it aland. Some
thoughtless persons shouted, .antd Mit.
David looked* in stich earnest reproof,
that inistanmtly overy voico was hnshted as
thiough they were ashamed of having
broken the solemnity of the sconio by
such indiscreet joy. . The ivriter then
shook hands with Mr. Davis, who asked
htim abouit his family, and other .ques.
tions of that kind, with which lhe was in
the habit of niaking mill fool at ease
who cawto near him. Captain Edward
Lowndet, of South Carolina, was thon
introduced, -atnd after a short conversa
tion Mr. Davis totired into the house.
This, on my honor, wase all that oc
cunrred on that solemn occasion, 'for who
could over forget it? Alas that 'og
should be so base 'as to misrepresent and
malign the noble man who bore himself
under such trying 'circumstances, so as
to leave Is unpress 'forever uponi the
minds of all wvho saw him.
It is well 'known to the pebople of the
South that Mr. Davis Wa abdised, and
almost threatened, beoause-ho refnged so
firmly 'to conduct tho'war 'on any other
than the most humane piincples..
Tmheo press acdusod' hirli of being ac.
cessory to - the imurder' of our soldiers
hncauso ha rahanod in so rany instance
to retaliate when they lr.d been barbar
ously execitlu, and even the (1oni'-do
rath Congress eensured his condnet, ani(
m1:1ny of its proinitueit mimbers wh(
havte lon- sinco receiveri their pardono
freqently .remarked that "W Wen
dying Of West Point and Davis Rele
g on NOthing could swerte him fron
the rile lie had laid down and the deter
ininat.iot which lie had formod of buil
up1 a-Governmento which by moral con.
trast nti finally prevail.t
I amll, therefore, amazed that in ti<
face or tose facts, which are so well
k nown .1 and established, that Congres
simnal Committeo would' attemplt it
blackei lls name by connecting, it witl
conspiracy and crime. All such attempts
will most surely fail, and althoughli he ha
been imprisoned in a dungeon and
shackled with fetters, there is a halc
of glory that surrounds his brow that nc
slander ean tarnish 'or prosecttion des,
Yours, very truly,
Rt. A. ALSToN,
Late Confederate Army.
Gentlemcn of the Senate -
(Ind House of Reprcsnelativcs
I have- convened the General Assembly
in extraordinary session for the ptrpoe of
retsoiaiending such modifications of exist.
ing laws with reference to persons of color,
as will entitle the tribunals of this State Io
exorcise jurisdiction over them in all cases;
such it tecognition 'of theso tribunals as
may be best adapted to this end; nach ien.
actments as will offer 'greater certainty as
well as economy in tile punishment of crime
amo~gst all classes ; and lastly, such mea
sures of relief Iat, in my julment, are ne.
cessary'in view of the present. oondition of
the peoplo
it is a str iking aunaly that niore than
one-half of all the inhabitants of tihe State
are not amenable to trial before State tribu
nals and are exempt from all liability to
punishment uiler Stafe Jaws. In.a majori
ty of the Districts neithor Provost nor
Frecdmonn's Courtn are in- existeice, ind
pertsons of color perpetnate crime with im.
punity. Soie of their gravest ofiences
against societ-y are tried before Military
Cotmissions, but the long delay in bring.
ing tho criminal to juistice, the necessily
often times of removing him to it remote
pl-ce whero a Commission is organized for
tia, thlie diltliculty of securing th le nlten
da.iue or wvitnetm.e, tard- the jlhsidOvfV
ed upon the prosecutor, conspire to render
such t ribumlais wholly ineflicient in piniish..
ing the guilty or deterring others fron per
petrating crime. - '
Whore Provost Courts are organized, the
punishment imposed on freedmen are not in
conformity to our laws, and are much light
er . than punishments imposed by State
Courts opon whito men for the saitte offen.
cen s T1# laws of oury well regulated
St at sh Mld operate equally upon all the
inhaitants, and if a Nihite man is punish
able by dealIffor hrson or burglary, there
is no etcape fort a like qffenco with i fine or
short imprisphumen t. Whcin our laws are
.90 Modified that all peorons may be tried be.
foare tihe samo fribnal and ipon convicLtion
subjected to the smtu punish inaenit for the
same code of offences, all reason for tlie in
terfereee of lFede-al authority with the ad
ministration ofjustico will have ceaeerl,
and no impodiiment will exist to thejurisdic.
tion of the State Courts over all cases, civil
and criminal.
In the series of Acts passed in Decomber
last, known as the Code, there are various
discri min at ion against froedien which
should be reealed, anil civil rights and lIla.
bilities ats to criimo should be accordcd to all
inhabitants alike.
Tile last section of the Act to establish
Distriet Courts provides that "the Judges
elected nuder this Aet shall not. be commis
sioned uintil the Governor shall be satisfied
that they-will be permitted te .orise the
jurisdiotion comniilitted to thetir' The Judg
es have not been commissioned, baving
satisfied nmyself thiat they would not, he per1.
mitted by thle military authoritIes to oer.
oise'jurisdiotion over persons of color, whicoh
was th main puipose In establIshing the
ConrL.. The Distriot Court may, however,
be miadeoinvaluable biy Increasing its juris
diction in civil and restricting it ii eriml
nal cases to offenes punliishablo 'with less
than death, thereby reliovhng the Superior
Courts of many eases which retard the die
patch of more important business.
* therefore rcomnmeid that the sittings of
the Court 1b0 qtrterly, or oftener If nocs
sary : Jhaat all misdemeanors or felonIes now
punishable by flueO, impirisonmevnt or whip
ping, by whomsoever comrmittea be tried by
.that Court; that.. felonies punishable by
death be tried by the Court of Geoneral Sese
sions8; that the offices of a Ghrand Jury be
dispensed with in the District Courts, and
.defendantstried on -Indictment hithout pro.
sentment or trae bill; that with the consent
of the parties in civil oases, or of the dofend
ant In oriminal eases, tho presiding Judge
may~heer and determine any cause or in
dIctment. without, the intervenition of the
Petit., Jury ; that the Petit Jury shall con
sist of twelve, and the venire of eighteen ;
that in oases of the acquittal of the diefend
ant, the Judge be authorized to certify, if
in lhis opinion the facts justify it, that theo
prosecution was frivolous or groundless,
and whlen stuch cer-tificate is given thant the
prosecutor be-liable for all thes oosts incur
red ; than no othier scurity to proscute be
r-equircd by a magistrate from a complain.
ant that hiis own recognIzance;i that the
jturisdiolion of the Cour.t In oivil eases be
extended to 'two hundred dolbars, and that
the Jury be paid for their services by a free
trx on oach case they may try.
IBy tho thirteenth setlion of the "Act to
establish -Distiit Courts," It. Is provided
"that In ove'ry case, olvil and'oriminmal, in
which a person of color is a party, or which
affoots the person or property of' a person of
color, persons Qf color ushall be cornpatent
witnesses. The accused In such a cr1iminal
es, and the parties in1 every such otil
otise, nmay be witnesses, and so may eosty
pouson who lar a competent witness," -&o.
The first. paragraph Qf the soofion adinit
tIng percins of scolor to tostify -in all easel
whloro themselves or thmoir race are- diroot,15
intorosted, and exeotding them by implies
tion in all cases where they are not aior'est
ed, cannot bes reconoijed with sound polios
or just; diseriminatlon. They are admitted
in that class of oases where their Interest
symspathmy, hsociations and clin'gs .wou1
be most-likely to pervert. tel! consoqiencet
and invite to falso swearing, and ar-c exclut'
ded froms testIfying in all eases whore ne
motive coul exist, to swear falsely, excepi
that of a depraved heart. The ~uatiue
is illogical and- lofensible, and it cannot
be denied that ' s foundation in e preji
dice against (he casIte of the negro. I' the
rules of evidence in all (he courts were so
mi1odilled as to maake all persons and pies
coinpetent witnesses itheir own and idioth
or cases, no possible d:tiuger coull result
from it. Many of the States of th Union,
and Sovernl of the civilized countrios of
the Old Wo-ld havo tried the expatriment,
4nd lie result proves that the causo qf truth
and juetice has been theroby promoted.
Tho object of every jtidicial investigation is
to ascertain the triuti, and, wheNi fou.:-', to
dispen'e justice in confornhty .heto.
With intelligent judgen and discrilvatting
juries, correct conclusionis will be Ii:oro Cor.
tainly atotined by hearing fvery the. v'h it
ever may be (the character or coli. I thle
In the second paragraph of (lie nnetion
already quoted, ttie Goneral Assembly have
reached the - sanio conclusion ; for ju nill
cases wore persons of color are allolt -d to
testify, all persons, including partite. are
doclared competent witnesses. Wodld it
not be eminently wise to adopt the sai
rule in all Courts and extend it to all per
In civil cases the testimony of jiirions of
color is oftentimes requisite to einoidahu (lie
the facts and secure a just decision. They
constitnto a majority of tie entire popula
tioa of tle State and of necessity ara ofien
sole witnesses of contracts and transac
tions between white persons. Shal' (tie
parties in suich cases ho deiid justie.. by
excluding ttie Only evidlece to k'e it
because of nn applreesioin tha it tw 11
a icasuro utnreliable? - Woi it no b
more in itecordance with tin clb Ihel
rule to recei'e the evi,lenc aniil vig, it.s
value ? In t lie law of evidluco, the ciyac.
ter and st anding of a xn it urns goes to nt'et
his credibility, and not his competo ey.
Whby not in tle caso of the perami of holor
follow thiis rule to its logical conclusion ?
In criminal cases these coniside'rations
i1oighl with peculiar force. 'i,1o negro is
readily deceived and corrupted, and he
conies an easy prey to thc machmiations of
depraved white men, and past. experignee
teaches that hn is entployed to execute ihe
most dielionest. purpoSes, and with impunity
to the principal, because of his exclusion
as a witness froim (lie Courts of Jns c.
The shrewd cunning contiune to put tie ne
gro forward in (lie commission of crilbe,
and they go unwhipt if justice because ihc
law forbils I hat. thie testimony of time n1ro
shall be liard. Does not the - oxclisinsi of
persons of color make-tihom invalunlle vc
estzsories to (lie perpetration of c-*i ?
lHow can society le protected againit
largo "las's of infaimois crinie nowy so 1
lent ini this St ate, unless, by making ch '
Sa competent -wiiess, we avail ou'rselves
or all accessile evideuico to convict. tie of
fenders ? A1d will tthe laws of tle State
continue to offer a roward to the dishonest
to fu -tier tetupt nid. corrupt time negro ?
The we-ll-being of t(le Sltae materially de.
poyids upon the elovation of this class of our
population, and if there was no other
ai-gunent in behalf of their adinissibilimy
td our Courts, tie tendency of such a imi
sure to elevate their moral and intellectual
character would be suflicient.
Tho dishonest. may object to the extcn
sion of this Ilght to all cases, because it.
reduces the field for his nefariousopernIuions
but tile good and virtuous nro protected,
society is amniply compenssated for (lie
change. '%en of probity and integrity have
no reason to npireliend any evil conseqien.
ces Irmni lto change. @w disoriiiination of
intelligent jauges and juries will be a shield
aganzist unjust charges supported by false
swearing, andi (lie same intelligence will
bring (te really guilty to condign Iputnish
ment. The great increase of cruno amiong
(to freedmnien, and the inadequate punish
ment. inflicted by existing tribunals, imukes
it a high and important duty devolnel on
you. to so moudify existing legislation as
will secure a transfer of jurisdictioi to tho
State Courts. If the auggestions I have
made d1 not meet tle approval of your
judgment., I will cordially co.operato with
you in attaining 4 te end in tiny way which
your superior risdom may indicate. i
Thepfovolenco of crime among (he whites
as well as the blacks, in every part of time
State, admonish us that the criminal code is
defeotive, and that the punishmmenits im pos
ed by it are inadequate to deter offenders.
The penalties. attach'ing to crime arc fine,
imprisonment, whipping and deathl. The
death penalty Is imnpesed on conivich ion for
murder, arson, burglary anad ether crimes,
bitt the repugnance of Juries to convict and
impose that fearful penalty except for murm
dor, anid two or tthree oither eroneous cimes
against society, often enabiles t1-c guilty t o
escape under tie most tr-itling~pretoext, anid
even whoen pet-sons are convicted in euchl
ca'ses, the verdict, is itsatally accompanied,
by e'orommndatior to 'Executivo elemntcy.
',Lhore i-no piroper piuntishiineni t'inder tihe
laws of this State for hiigfi nisdenieantor
and petty felonies. None of the jails of tie
State ar-c constr-ucted for work-houdes, anid
convicts sentenced to iniprisoinmofit spend
their time in idleness.
The expense toh (leState Is very great,
and in opr- impoverished conidition (lhe rpe
ple cannot well bear the heavy taxatins
necessary to litippo-tI these convicts in
idlenies. There are many convicts who
find .themselves comfortably housed, and
well'fed, and who, exempt from aill labor,
do-not. -egar-d inmprsonmenut as punishment..
They mare vicious, de praved non-prp~ucers,
and~ the effort (6o pun ishi thent is inlly a
pmuishimenit to (lie honest tax-payer-, whose
labor ini art, at least, is 'giveun 'to suplport
(tem In Indolence. Time niumber of coni"
viots will hereafter lhe greatly Increased,
auditf the present system of puunishmniit bDr
continued, (Jho appr-opr-iations to ,Jailor-s Ior,
dictinig pr-isonier- will 1be gmeater tihan the
exponditumie for either of (1he Dcpar-tmentsof
tho State GIoiernmntt.
To i-enmody all theoeovils, I respectfully
reccommend ihat. you provIde for time estab
llshment of a P'enitenitiary at Qolttbia, and.1
apropriato not.- hoss than twenty-thousand
olars to 'erect a wall around the Pteniten-*
tiary buildinga and to miake celia for con.
vieta.. - 1qh othe labor In oetin~ thie
neces ' lding canbe piertornim y
the oowr fthemselves. If a favorable at
should be selected convenient to 'suient
water-iloyer to drive iul thme- .mpohine
rythat-mag be t'eqptisite to. carry og mawt
faot 4es in w o, , leather, irooD, yarn. and
cloth the IPeni entiary may lemado nearly,
If not, quito' self-mupporting, Punlshmenls
mity -thopu be imposedf according to the oor
~mity of the offe6nce; jarleis wIll have nio
avo~rsion to ootmvloting the gulty, and the
convic~s while undegonge purgation for
their oiimes,'will lie o pelled to earn thpir
Iclothing said subsstiane,
Thme compictioni of the prision and the in
(reduction of the requisite machbiner With,
of cou-ae, be a work of time ; butt If proper
edonemy beo practioodl Ia building d~u stodra "
ing it, the Cpen1:e wili haitrdly be felt, am
Inl Hte Inea inlte -t-he C onlict s; C:itl h'l reth
mistel as cheaply a:t in the dtiOca j a
wilile the la ul.:tbo ' of sith as r ie -no( i'iire
on tho builing can be dievoted (to tle vari
tis latnufaturos of leather, Wood alnad iron
yielding a1 fund to tho State to meet the ex
penso of their subsistence.
Ifyou shotuld defermino to establich
Penitenltiary, it will be necessary that pull
ishments Hon sasjimpoSC by law i $so chluage
as to conforma to the now prison uvssotm.
llotfore passing from the ubject of th
Criminal llt, I desire to invilo yon attoli
lion to the necessity - for inerwe stringea
legilaltion for. tle suppressiona of vagraney
The law shotld not onlly pr-ovidi1o for th
pnishmnent of idNO anid di.saahto person:
wrho are permlanplenitly domliciede t s b hou
extud to ransient peronsx wanie'ing ve
I tho Stiate, 1ao who havei no vi.,ible metenls o
suipport ; lan ho tl duty of enifoteinag tie t
should be devolved, nuder stringent ponl:
ice. upon the clerks, sherils, mangistat o
and conastables of (lhe sOveral-Dis1tr icts.,
Since ) our adjouianient in l)cemnber Liat
(he Court of Errors in tI% State have, witl
a single dissenting opiion, deelarelt hI
Stay Law and all atuendieits thereto inl
constitutional, This docision has produced
restiivenoss and dissatisfaction in nIanaI
parts of the State. Paublic nacetitagg liavi
>10etn held in several districs, aasd alte I.e
gislature has boon appenled.t o, to frnisal
somte prof ectiot to Hie debator clas, wvlt]
anticipate gencral sucing in the fall tern o
tihe Cout s.
A t er a careful exatninat iota of tle opina
on of t alu a learue Chiit .l tier. it
Uoll as ofhr athoaditie=, I fto it. auy d'
to s:13 that( I coceitur fully in tho opinion o
ba l 'ot , n t believe ili:it thi ir ev ltositiot
,4 lthe cons1tit-tionial quev,.jionl i-- turswer.
-l'he people of sow ciaoin:a lau e beet
irtov'e'b'ially lanw ithilling; and wh iaalen anl
Irely reignaed s11p1ream114. aterI lae f1il of lt,
L',nfiederacy, lawlessnests was viniversally
U.couraged by tHe leitert' cla-Zes in everV
jomtmounity, Now, when civil law is aes'
oreal and we are reinitted t our own ltws
Wd CouNs to protect right' and redr'e:
wrongs, surly no citizen of good, reputt
willadviso tuitailt and viAonce ngainst (he
olomn judgment of the highest judicial (ri
[nni in ltho State.
In view lo the circuinstances siurroutnl.
ag us-when it is reamevol that (He
4tae has just omorged from a long rand (iN.
st rous war, in which not only her sons
:t her resources wero prodigally bestowed;
hat.outr banks have been destroyed ftt
noro than three hundred illions of lo
,erty have bocen onihilated ; thtat all the
on'otans of crdit und property have bea'n
.roken up; th. oa' taystei of labor hat
booin thorng:ly,9"egaired ; that. le. ru
'reshing iand revlvifying showers have been
witliuld fron a parcled undI exhausted
oil, nnl .hat waunt, if not fatnine will keep
haelly vigils in niansion and in hovel,
;hen It Is remnoiebrd that nearly Il of the
rmch'laaants of tHe State hIav0 boan ablo to
lomlpromtiso their indalebtedness to No'tharn
aierhants on the most liberal ermus-suro=
y', the creditor Clnss will practico forboar
noo and givo their debtors still falther in
ulgonce. Ifcomplled to enforcoe collec
ions, they should, in the tiiao fair- and
beral spirit, aine comproamises Vith d.eb
ora, so as-not to divo them atal (heir fami
Its from home, kindred and riend.
The existing emibatrraassmatenia PWirqa
,ut of the indeatedness of' ite country will,
ike other evils, produco banaticiial tols.
l)obtors will find it to thIei inter' -' to iake
ial adjustita, of their dcits, oven
houg they are compelled to s.rrender
hell property. A') long as their delts ra
nain, intarest, will ho acctnalat ing Ito cui.
aunate in ttore disaarotgs hankruptcy. It
hey irrender their property, onw, to crew
lims, hey uant resule their ocetpationts
tiud habov with ceefulnea --knoing Imt.
is prte-Is will sooner or later,, rebuild
heilr brokenl forrunets.
TheAbtor who desires to compromise
with his creditors lia' tho iean of' comnpel
ing I h veriest .lfinok to naceplt fair terma
r exclude hita in 11 sharo of his estate by
tssignient, giving liberal creditors tia prle.
rerciae, or by voluntary confessiun ofjudg
ielioving that nao Slay Law cr.n bo past.
A; entbraaing antecelent debts, that will
ot confliot with that. cittuse of' tha Coansti
utlona of (he Untited States which dahhres
hat, 'uno Stale shatll pass ally latw Iipairing
Ite .oligat Ions of contacats," I respet'fally
'coommetnd foar youar considleration for the
'eliot' of' debtoars:
lat. That imparisonmaent for debt, o~n
ueaie aind fatal pr'ocess be abolished, except
n case o1' fauda ; ailmlithe, .as a puntmish=
icaut f'or the crliae aratherx thtan as a muetas
f enfpr'eing paymuent of thea debt.
p. That no coat, h~ taxed aghainast a defenad
ntit, cit her fot' tho 'oflicaers of thao Cout. or
$. T'hat, the lusxolvenat Debtcor's Law.s be
o extendedca as thtat anty debtotr many, by le
siioil, aifter' date no'tico, suammaoan nt tall i
ureditor's, and upon assignig his esatatte ami
atlects for' their bonenft; hbe dischagged from
til fuirther lIabIlity, niot only to Babing bait
o all othter orodtitoks, . lltg thus relieved
!rom.'thae insubus retintg on.film, the htonest
~nd ontorprislng debtog.willlgo to wor'k with
~lacority and prbo bainsbitf a usoful member'
~o society..
Th~e Congress of thes United Stales has
tahority, uder to C4nstilution, to pass
wtaiformz laws of bankr'uptcy ; but there ha
to proftibitin upon the States, an~d as Comn
;recss hats nao~t exerciad the aaathorilty dele.
gnted to thtema, lho iStte may, with groat
iropriety pass such lawiva-amid they ill
.onatu of' force, untIl Conigresa adopts e
gut'aoal bankrupi act-which woaould sat per'
iede all Staue legislationa on the saibject.
Thae Oein'aal ilankruapt Act of 1811, pass.
.dl byv the Congreoss o1' thte Unilted- States,
.xtentaaa 1edit pr'ovisionis to ant ecedloat debtt,
nid it a cntituttioniality w-:a etoto t -contoeat.
-d by tlao Courr's. No cons titutiontal oh.
tacale, atheref'ore, wou~ld pr'aelahp ieh. Uoeo
cad Ae.1onably f'romn inoo'frporamting the sama
rent ure Int thir legislature.
itls prop or hereo o retmark, thagt If.y Sta
l*w could be pageed which. could be fast
rom aleonstitu LIonal obtjoctlon,' It wettid
not prolyI'gdofiors from sulL in %lhc
Vederal Cobtis, A credItor residing In th
staie who htad, deteormined to enforce thae
>aymonl..of his debt, could readily transfos
t.to a nonrsident, and If the sumi oxceed
r five hundred dollars, Bstk nton4esid'eni
,odld at once Instituto slut In the Unites
States Court, rooover judgmeont, issue oxe
,ution andt sell the debtor's property not
withstanding thoeoxIstene of tho Stay Lau,
Snoh a law would not, be recognlioe or on
forded ha a iodoral Court .
The colmplhete disorgantiationi of tho labo;
orthe State I 1835Q5, resulid in the 'prodifo
tion of very drvision or'opA; and t,
sapply tho. . hjty, large qunuittidos 0
>voadstuflfIi' afold boon 'i oporlod Int.
tieo Stateg, etnormetus cost. 'Th i mpor
eet org.nItizatiotn of Ithe system of free laboi
- : 1,? ti. unprecetented drouight whliol ha
- 'evaitkl durinp; the months of Jully an<
Attgu11, tloug!oItt. ilc 8tate, as well as al
taasu1tually shaor-t whaelat. crop, foroshadow I
, gloomy fAture for tih people for the nol
yar. Comking as yen do fiom" every Dis
Itsiet, yoil have th0 lainus of masakinag an es
timas:tte, approxiluating aeciuricy, ot' the ex
- tenl( or tihe failure ot' the provision crop
otl what aisotsat. of supplies will be necleq
to rave the poor,- depenident aTd hVlples
D from mtarvcnion. 1 invito your earlnest nai
- prompt consideration of the subject.
14"1s1l14o1 h itehl ocotoil naifirily con
denus lle t'eedinsag ptopualation by (le ov
U rmesta a II!t inevit ale eonsequlences at
of iieten ivletteass. patuperiin and crite
ht whreve a l provision crop of a whol,
(ca'aairy is deStro;, by bight, or- wher
taproinc m as :msniddlong c.ontin
D ought, anld the deticieccy is traceable I
a lhCte cauasses rat hor thanti to aoe idienes
o' (lie populitioni, lanasaasaity and 40111d p)oil
ey alike just ify the Gove:-iamaent in lendinisj
or giving its itcanas to voave ite people frotr
starvat;on-to arrest tFat increaco of crimt
whicla want- always produces, and to sta
einigration to nore favored localities, Tht(
present. polaIlation is insuiifflenat to till th(
s-oil of (lhe State, and to develop its resouro,
vs; and it is a high (tly of the (hovornmeni
to remove, as far as possible, the ueoossit
for eanigration beyond its borders. Th(
embarrassment of supplying food for thc
needy will -be greatly increased after th(
irst. of October, whlena the Freedmen'd Bl
reau Will cease to issuo rations for the find.
genat 1ansd hVipless whites and freedmabn, whi:
have Ieen lcretot'ore furnislied with stbsis.
I eie('. You maty find it a-.:cssry to in.
e'ven:: I owvers, duties and responsibili.
ties of tlhe Commissig jers o1 tihe l'oor, and
to organi/.o sit bodies in all IDistricts of
tle Sistie. lia most of the Districts, land
usal butillings have heretofote boon acquir
ed and erected for (lio whites, bat they
mstat be enlarged, so as to provido accon
masodat ios for paIuper, idiotiC and hl3pless
t'reedmaen. 9
Tho t4aitirc of (le Board of Coissisaion
oas of (he Poor to pi ovido for the h1elploss,
is a geit eacrime against hutuanity, and ad
ditional penaltics should be iposed by law
agatainst sich a noglect or refusal to perform
properly this philanathroplo duly.
The capitation tax imposed by you, at
the lAst session of tl Legislature, on frood
nien, has not generally been oollctod.
The Comaaptrolrfr-Uneral, following a sug
go.ion maade by mio and approied by (ho
Attorney-Ueaneral, instruoted'tho Tax-Col
lectors niot to issue executions against (lao
frlleedmen, for tle oapitation tax, Until the
present. Session of (tho Legislature, This
wvas to avoid all contliet with tle mailtary
uutahoritliel, amu:Jng out of 'thu faot that odr
couri were 'iotusod fur tho' pro(oOtlou of
the frct;dien, anl no provision was made
for the l ielp~less. ienover your. legisla
tion reits thsO custody of porsons of oolor
to that State la.ws, laeso excoutlonss mity be
issoed, Proper dillgenco of (lie Sheriffs
will enaforce stho sat itfactiona of most. oft ltese
executiovtti, (ad the fund may then be alp
1olriated exclusively to tle support of tho
class fron which it is dorived.
- If yot silould lin youir wisdom, determino
to maake an appropriation to buy enbsis
(onco for the inadigont whito avid colored,
the eyearal Boards of Coninassioners of
tIe Poor, would be, perhaps, the best agonis
for its distribution,
'To aoet. any appropriat Ion made, there Is
tat) resou'oro availablo, and tho flude eana
only b araised by issuting and selling Statp
bosads, The vcedit of (lao State has horoto
.'oro beea untainished, and a roasonablo
holpo is esatesrtiined that bonds Issued for
sutch' a pirposo will command nearly pat',
isa thew ionty markets of the United States
of: 19trlope.
A:a tho present. is a callel session, and
yous sIety desiao to return to your homaes at
tie earaliet day compatible with your public
duties, I siatill de'or, until tle regular ties
sion, bringing to your attontion tlo general
finanehal condstiona of it State, or making
any roconmenldation for putting It on a safe
ad sat isfactory basis. 'Undor the authori
ty of your Act. authorizing tle iasso of bills
receivable, in payment of (Iro Indebtedness
of thel Stato, lie Troasatrr had engraved
tiam plMinted bills to the aiount. of $300,000
Vanid hag fAld out, to the public omloers and
othser carhitor's of (lhe Stasto,otnly $160,000,
Maost ot' the Taux-Collctos havo nma'iThtliell
r'etufu'ts, tad (lao legal tenader' United Statoa
nsotes paid into thue Tr'oeaury, together wIths
tlhrt bills recelvablo not yet Llsaaed, wIll on
able Its cperatiohns to be gondluctedl wyithout.
eambaarrassmosnt utntil your recgulara sessIon.
Of (lhe bills Iisued, thaey have talready been
r'aedcd ina paymonat. of taxes, $72,001.
No iapprioprationa wtas madte to defray theO
expetnses otf engraving and parinting thme
bills, bt (to Treasusrear, deinhg uipon my so.
comrmmndat itn, advance~d thao expensesO
inscaaared farom pro"ceedsm of thae loan hietrtto
foi e' authaorized to. ho smado. Th~e atnouritt
paida by haism, wias $'J186t.1.2. I r'ecommonud
thaat ans appr'opra'ltionJ Io made to cover tis
, 1f she Treasumrrtaad dloelined to malke the
praysmant in tadvianoo . of thme appropriatioan,
tho -Act opid~ not have b'een eaarried )'ply
exoouglon, withot'bionvening an extra sos
sIon of the6 Genoral Assorobly.
At thso last session of the Goneral As
seimbly, "full power and authority" . was
given the (.overnor to' make auch regula
t Ions as In lis opInion might be neoossary to
prevenat the entrance dnddspread-of Aslatlo
cholera In thIs State." 161Febaraas'y last, I
Opetnedl a correspondence wIth Major-Gene..
ral Sickloa, wvith referencoe to thie eslablishI
mnotofa rIgiquaranatinaO overallt(heosaports
inla thao ~hato, -wlehrpsulted In the mIli(ty
Iaathoritles uandertakhug to establIsh and da..
force proper quantinto egualatouns,< I altg
lia py to sity to youwaat tie dittlos, utlpr
oresfroms Goenoral Sleklos, have been p1
per'formaed, ad not a single oase or olhet
or' yellow fever hs occura'fd wilbI4 - he
limuits of thad SItat~e.
jTha'e work of ''ro-organaIraLIlon and reon-s
at rntet lena Isparogr'esng slowly, but steadly,
O.;r Senators and Reopresetatlyes ij a nbi
beein admittedf to seats Ia the iVedera on
grees, and we hiayo rocalved .no rol&*stion
from olaorous taxation, nsotwlthstkasdlgg wd
liave beejl donled rpespntgioni 1A e be
lieved haowever' ti,~ ouaafs(.how-oIts s an
ko tesao Governm~nt Is othir to.
organIzed the'fairObgrts held their Ig
lar sosslons In Ethe spring s'nd despab~*
muchol brsianges, whiph ijins.bseog accumut~P
Jng for years0,. Bad tory generally olest~
tho olmiaaldook6ts. The Oetmrts of Oha~
oorylhave ~also beenj regula'ly htold dd '
th toni.Tlh maaohtnsy ftuitIsid ut
full operation, anid privatergta4II
11e 'vrongs can be enforoed upn :tI14
hlowover mucsh.alg;y J~ooI Iht
progriss*,f the $tate Itb am
ita posperity paralyze by ls O tit
andord . afdb-61 eostlai
', and manly course of our people is to re
double (heir energy-banish unavailing re
grets-meet adversity with a stout hbart
and bravo hands, and through the approv
L ing iniiles of a grqeoous heaven, our veno
t rablo mnother Will again, be )r9sperou, and
- her children contented and happy.
TioN.-A correspondent of the New
York l/erald, writing from Richmond
It han been romarked here that the
PReeInCe of Generals Grant, and Lo,, at
ti.o convention of the soldiers, North
and Sout I, would tend more to engenlr
ian abiding spirit of union and fraterniity
amiongst ;dI classes of people I hroughout
the count ry than any event that1 could
occ '. he enathusiasni which anina
ted the lI'hlidelphila Conven!) V.tioni up
tilo entrance, airm iii riim of tle n.wa
ohumttse and South Carolina d,-letganiitmni
would bo but a meagre displiy; oiiinI'r
ed to that which would hiuil the em rance
of these chieftstilis ititd tho Solier''
Cionvention. The ev6nt N4ould send I9
thrill of 1oy through fi6 heain oF th'
nation, and present to the world a spe
tacle more sublimo and impressive t i'n.
ever marked tho advent of peace o't
illustrated that grand moral pro-ominanco
and-abiding conservatism vdhieh cisti
tuto such strong guarantees of perma
nent unity and fraternity. It is I mpos
sible to conceive what influence such ail
exhibition would exercise jy'ui the
country. It would cffecutnaly dispel
any lingering resentuiieut that might
exist, and stamp updn the Union tho
impress of indissolubility. The two'
Generals, in their sublime relaltibn,
would bo estoomed living ty'pe of .
tional unity, and ha'py omblems of
abiding peace and fraternity.' A sol
diers' convention, hallowed by the
presence of such -men, .in relations of
cordial fraternity, would squeleh what,%
over of radicalism may have survived
the Philadelphia assomblages.
Inctndiary tRpeech of B. F. Butler, &,
BOSTON, August 2.-At apolitical
meeting at Gloucoster, last edening'
13. F. Butler, was one *of ti' spuakora.'
Butler, on being introduced, said i
The issues now before tile eottny -
wolo ti same substantially as those'
of 1860, and In this oonviction lie pro..
ecodod to trace the causes . which lod
to the robollion and tho part taken by
the Northern States in the attempt td
ovorthirdw the government. Ito con
tended that' by their robollion they
had forfeited their property their
rights, and their lives, if rebels were
hanged, whiol, unfortunately, lie said,'
they wore not. Passing on 1he spoke
of the failuihto of the ..Southern repro
sentatives to socUre their seats in Con
gross, and said that if dtily portion of
the Southern States had sent a loyar
man to Congress, It ias only to got him
admnittod, and when they had seoured
a representation they would pond dis-'
loyal mon. Reforring to the Phila
dolphia Convention, ho said it was
composed of a sot of inca who iro posed
to settle a war vhieh they did not
fight, but wjih - they opposed in all'
possiblo ways, and it is the intention
of loyal people to kiow by what right
they arrogate to themselves that privi
logo. It is the men- who' did the
fighting, he said. who are to do th'
sotting. Butler, haraotorizod thathbQdy
as the most rpinarkabid thai 6didr isa
semubld, and s'aid that tire dolegates
from neither section o'f the cound
try,* reprcoented their oQonstituents.-.
Heo then referred to the 4New Orleans'
riot, and read a portion of the corres/'
pondence rolating to It, and said the
whole tenor of President Johnson's'
dospatches to General Sheridan was to'
gloss over the terrible affair, If thjs
*ytato of thiin e oannot be.alloi-odI, hut
I er continue we will march onioc
irtoroe, and woo him who opposes us I
In considoirjng the Constitutional
amendments roaently adopted by eon-'
gess, he said.hd waR hot in favor of
(1j one' ro) ativo, to riegro .suffrage, but
aonopted it tie thi6 best lie could get.
Heo was in faivor of a fll and impar
tial ,suffrg~o', anld lhe would try, by
overy mneans'in his power, in ' what.'
over position lie might )e placed, to'
seure It. In 439111u i1g hlis speeeh,'
the getteral said th' at unless the poo
pie, of ihn(North were firm in uphold
inlg their Oongress tliey would have
their work of the laat four years to do'
over agalh -.
The general was fi-equentlyap
phauded during his speeck, and at thd'
close was hoored with three o'zoers,
AE. Ex-oeusoparr OrrroaA 5Asms
)1r A Mon ia Nd* Yoax.- Itee~
ottoment was eated Ii ~ 'wrpar$ of.
the city~ on Noaday mnorpi g,6g the appear
ance of 0ol, Ives, formerl aid-do-capo t
Jo%. Davis, A story affecting th# oharce
.o Ives got abroad, and i a leob assew
a i ri at -his hote.
is I.ow daoi
is liea sas pj~ f hast S8 es'. j
"oung pAyo beMlieve i
to ite dts
o% owo r ~ W ar . 16

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