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THE WILMINGTON JOURNAL. WILMINGTON, N. C, THURSDAY, OCTOBER 23, 1866. The Constitutional Amendment. Wo were much astonished and somewhat mortified last week at what we supposed of Dr. Deems, the accom- plished editor of the New York Watchman, a paper which has a large circulation throughout the Southern States, and whose editor has great influence in this section, to the South to ratify the Constitutional amendment, as a matter of policy and best under existing circumstances in order to re construct the country. Wo wero astonished at this advice, for it was in direct opposition to what we had re garded as the former course of that paper, and were mortified, because we did not be licve the people of the South could follow the advice without becoming a party to their own disfranchisement and disgracet without being participes eriminis. If it was wroncr and criminal in the South to accept the degrading proposition before the event of the late elections, it is equally so nnw that the result of these elections has been against tho policy of the Presi dent and favorable to that of Cougress; and if they possessed tho power under the Consti tution to reject the amendment before tho elections, their adverse results will not de privo them of this right. If they can re fuse to ratify this proposition now, they will have the power equally to reject the mysteriousand ominous "something worso" that weak-kneed and designing persons among us threaten 113 with, if either the forms or spirit of the Constitution are re garded. If indeed the Constitution is to bo con tinually set aside and trampled upon, what is to be hoped for in amending it if it is no longer to be regarded and obeyed as the supreme and fundamental law of the land, let it at least remain on the statute books, the honored instrument handed down to us by patriotic sires, the noble, if useless, j record of the wisdom and virtues of its au- j thors, and not the history of Northern tri umph and Southern degradation. Our de feat, honorable as it was, may be converted into lasting humilitation and disgrace, by voluntarily engrafting upon the Constitu tion of the country, the political animosi ties and sectional hatred of the party, who did nothing to insure that defeat except by a pitiless attack upon "rebels" from tho hustings, in tho halls of Congress, or through tho columns of newspapers. Tho representatives of the bravo men who ex posed their lives and endured the hard . ships necessary to insure our defeat nay, the very leaders and heroes in the struggle, in Convention at Clcaveland, have de nounced the terms of reconstruction as ill- advised, cowardly and unconstitutional Tho South, wo submit cannot consider on this subject. The mere fact of its being referred to us indicates some option or the semblanco of a choice on our part, and while wo can in no respect be regarded as responsible for tho wrongs inflicted upon us by the military strength of the govern ment, we cert i inly will become responsible for any humiliation our fears may invito or any disgrace our ratification may bring about. The gain which it is argued will be made by the South by accepting the humil iating and unconstitutional proposition will be more than counterbalanced by future loss, and viewed merely as a matter of pol icy, we are not satisfied that the South has much to gain by disfranchising her bestciti zens, reducing her representation to the most insignificant number, and converting the substance, thus emaciated, into the merest shadow, by confining her represen tatives to those who wero false to their State and treacherous to their homes, their friends and brethren. Wo have referred to this subject to-day, merely to correct an erroneouj impression we had taken of the position of the Watch man, and to give to our readors tho very sensible article from tho last number of that excellent paper upon tho subject of the proposed amendment. Dr. Deems in a private letter to tho editors of the Ealeigh Sentinel, says : "Every gentleman connected with the Watch man, is aa much opposed to the Howard amend ment as you are, and you know that if they were not. I would not hold a post to advocate other men's opinions for p&y" We hesitated to refer to this subject ear as v:o were not satisfied, after a careful pe rusal of the article, that it advised the Southern people to ratify the amendment, although there was much in it we did not like and regretted to see coming from such a source. Tho following article, however, will give a more distinct explanation of the opinions of the distinguished Editor, and contain 3 advice which will commend itself to the Southern public: THE CONSTITUTIONAL AMENDMENT. From all minor topics we turn every day to think on this absorbing question. Last week we gave what views occurred to us then. Wo shall do ho from time to time. The onlv conclusion we reach ed then was that it seemed the policy for the South to wait and watch the progress of events, and that it this measure wereerceu upon tne people, there were some hopeful views even in the event of that dire calamity. That the people of the South will voluntarily accept tho measure we do not for a mo ment believe. JLhere never seemed to us to be so perplexing a question. To eay what a people ought to do, who are periectiy iree, is comparatively easy; but to feay what they ought to do when environed with embarrassments which surround the South, is a question full of the saddest entanglements. Our heart's desire is that tho Southern States may be led to such a decision as is compatible with their eafetv and dignity. They deal with a subtle and treacherous foe, whose malignity seems to increase with the troubles of the fallen. I as Victis.' is shrieked on the breezes which blow from the North. if there were honor with thoso m power, some thiner might be proposed or accepted. But there is the trouble. The Southern States are not re garded as parts of the country.' '.'The nation," in out her consent. That Virginia is believed to be one of the United States is shown by the fact that she is taxed, and that she is accounted one of the number or the cute, the votes of three-fourths of which are necessary to incorporate the proposed amendment in the Constitution. Now, whosoever excludes her.choscnjSenators from their seats com mits an act unconstitutional, despotic, and anar chic. Again : The first section of this proposed 14th Article of Amendment declares who shall be cit izens of the several States, of North Carolina and Georgia, for instance. What constitutional right has Congress to do that 7 Each State determines who shall be its citizens, and when men are made citizens of a 8tate they are of necessity citizens of the United States. The members of the House of Representatives in Congress from Alabama, ror instance, are elected oj innaoiianw oi au ma, and who of all the inhabitants may vote for these representatives is ft question determined by the State of Alabama. The 1st Article of the Constitution of the United States provided that the electors of representatives in Congress " shall have the qualifications requisite for the moet numerous t ranch of the State legislature," and obviously the determination of that question is with the State. Now. when wo see the Constitution utterly set asido or trampled udoii what is to be hoped for? Deceived already by their Puniea ftder, how can the South trust these men? Therefore we said last week that " the adoption of this amendment does not secure the return of the State to Con gress." But the faction in power may contrive to force their amendment upon the 8outh, and we endeavored to see what hopeful views we could find m that case. Theymay force even Uio morja hateful measure of netrro suffrairo. Even then ; there is the hopeful view that the negro will be so nnder tho influence of the intelligent white men around him as to be prevented from inflicting mortal damage on the State. We should never, however, think or urging tfuu as a reason wny me t)ftot)la of th! South should rolunUtirlu adopt ne gro suffrage Nor do we present the hopeful views vi Inch last week we strove to discover as a reason why tli-. Southern Stat should adopt tine amend ment. ... And theu. think of the morality of the men who conld urce such a measure ! Before a State can ho admitted sue must commit tue iu or repudia tion. One would suppose in advance that the Gen eral Government would dire t each State to take such measure as should seenre the payment of its dents as a preparation for re-admiesion if ene were out. liut now tne uenerai uovernment says, to Mississippi, for instance. " You are in the Un ion. and have uevrr been out. and, consequently you have, by the Constitution, a right to two Sen ators ; but yon shall not enjoy mat constitutional right until you stain your escutcheon with the re pudiation of your just aaDta. now, a Taction, a partv. a despot, a government that can do that,! capable of any political crime. All we can say to the Southern States is, mako the best terms you can with vour conqueror with out becoming participes cri-nini. Impeachment of the President. The direct promise made during the re cent canvass in Pennsylvania and Ohio by candidates for re-election to Congress, and their subsequent success, that they them selves would draw, bills of impeachment against President Johnson, indicate very clearly that there will be an attempt made during the next session of Congress to carry out their threat of impeachment, and that he Radical leaders will resort to this ex- treme measure to ria tuemseives oi one who stands in their way in their designs upon the Constitution and the country. We hardly think the majority of Congress are yet prepared for this violent course, but its frequent repetition on the stump and in the press is evidently designed to feel the Northern pulse and prepare those people for it. We published some davs since, General Butler's plan of impeachment, and being a candidate for the Fortieth Congress, he aspires, should the next session fail to do so, to obtain a victory in the Capitol at Washington, a boon denied him on the field of battle. Wendell Phillips has also arranged charges, containing six counts, as follows : First. Seeking to overthrow the Govern ment of the United States. Second. Corruptly using the power of appointment. Third. Declaring ieaoe without the con sent of Congress. Fourth. Corruptly using the pardoning power. Fifth. Failing to enforce the Civil Eights bill. Sixth. Complicity in the New Orleans riots. The lladical leaders have progressed so far in their purpose to impeach the Presi dent that they are now discussing the effect of the mere presentation of the charges, and the powers of the President pending the trial. They seem to regard the effect of the tri.l to be more than useless if Mr. Johnson is permitted to remain in posses sion of his executive functions and as Commander-in-chief of the Army and Navy. Consequently, they have all come to the conclusion, by one course of reasoning or another, that as soon as the articles of im peachment are instituted and presented to he Senate, that body shall cause the Presi dent to bo arrested and held subject to its order, and in the interim, the presiding officer of the Senate shall exercise the func tions as President of the United States. The New York World, commenting on this subject, remarks that the assumption is, that an officer under impeachment stands in the same relation to the tribunal appoint ed to try him that an ordinary criminal does to an ordinary court. Because a court of justice never tries a criminal upless it has custody of his person, it is inferred that tho same rule holds in the trial of an im peached officer by the Senate. The analo gy fails in consequeuce of a total difference in the liability of the person accused. The constitution declares that "judgment in cases of impeachment shall not extend fur ther than removal from office " and dis qualification to hold any future office. It is not necessary for the Senate to have the custody of the accused in order to inflict this punishments But an ordinary crimi nal, ou trial for theft, murder, or other crime, is liable to be punished to positive inflictions on his person. It would be an idle folly to go through the form of pass ing a sentence of death or imprisonment if the culprit was beyond the reach of the offi cers of the law. A person impeached of a crime otherwise punishable than by depo sition from office, is also liable to the ordi nary penalties of the same crime by the judgment of the ordinary tribunals. The impeachment, having no other aim than simply to vacate his office, can accomplish " 10. The person mpeached shall then be called to appear and answer the articles of impeachment exhibited agnnst nun. ir be Appears, or any per son for him. tho appearance shall bo recorded. Stating particularly if by himoelf or if by agent or attorney ; naming the person appearing, and the eapacitv in which he appears. If he does not ap pear, either personally or by agent or attorney, tne same snail ne recorded. It is clear from this weighty and authorita tive precedent, that the accusers of the Presi dent are whollv wronsr in their views of the law. Instead of the President being taken into custody and imprisoned, it de pends on his voluntary choice whether lie will appear before the court at all. If he ap pears, he is just as free to appear by attor" ney as in person. Judge Story, in his commentaries on the Constitution, describes at length the for malities observed in trials for impeach ment. We cite the following passage as corroborating the inferences we have drawn from the rule of the court in Judge Chase's -w . 1.1, .1 case, it ne (tne person impeacneuj uoes not appear in person or by attorney his de fault is recorded, and the Senate proeeeds- exparte to the trial of impeachment : If he does appear, in person or by attorney, his appearance is recorded." There have been iu all rive cases of im peachment siuce the beginning of our gov ernment namely, that of Wm. Blount, 179U ; John Pickering, WW , Samuel Chase, 1805 ; James II. Peck, 18:U ; and West H. Humphreys, 1862. The law of impeach ment trials, as stated by Judge Story, is founded on the precedents furnished by these live caws. The argument in support of the position, that the President must necessarily be suspended from office dur ing the trial, falls to the ground in the face of this uniform usage. But, even if the ex ploded assumption of the President's accu sers were correct, the taking of the Presi dent into temporary custody would not operate as a suspension from office. If he should be totally disabled for six weeks by typhus fever, we suppose nobody is ab surd enough to say that he would cease to be President during his illness, and that the President of the Senate would be inducted into the executive chair. The government would, in that case, be administered by the i heads of departments, and papers requir ing the President's name would remain un signed until his recovery. That his office could not be filled by another person dur ing his transient disability may be shown by a conclusive analogy. Suppose Chief Justice Chase should be impeached, would his office be vacant duriner the tiial ? If so, the President could send to the Senate a nomination to fill the vacancy. The idea of his doing so is utterly preposterous. The office can be vacated only after a conviction, and in consequence of a sen tence. To mr.ke the office vacant is the only penalty which the Constitution allows against an officer impeached ; and it is ab surd to suppose the punishment can date from the accusition instead of from the judgment. If the President is acquitted, the filling his office by another person during the trial would produce strange confusion. The new President might appoint j. new cabi net. He might break off negotiations in pro" gress with foreign powers. He might rev olutionize all the offices of the country by a sweeping proscription ana new appoint ments. When the acquitted President re turned to his station he might find it im possible to re-instate his deposed subordi nates bv a refusal of a hostile Senate to confirm his appointments. The assumption that the Presidential office is vacated during the trial, is therefore as absurd in its con sequences as it is untenable in law. of surviving comrades and the good people of their State. ; , In order to make a beginning, these be nevolent and sympathizing ladies got up a series of attractive exhibitions and amuse ments, such as Tournaments, Fairs, Festiv ities, &c, and by this means a nucleus of a fund was raised, which has been swelled in their hands by voluntary contributions, until it now reaches the handsome fund of 16,000. They have purchased a large and suitable building in the vicinity of Clarks ville, capable of accommodating from one hundred to one hundred and fifty orphans, which they propose to enlarge whenever it shall become mnaiv. All this has been the refill t of their labors during the pres ent year, and they are now extending their efforts to other quarters, desiring to place the institution upon a solid and permanent basis. Having accomplished so much by their unaided labors, they can with good ils to the liberalitv of ' SPECIAL dispatch to the jotnrsal. GoiiPSBOBo', N. C., Oct. 19. ' Newbern Wdrth'l30, Iockery 5, Beaufort and Carteret Koontz is elected to the Senate. Ral eigh Worth 250, Dockery 72 ; Senate Jones 250, Bledsoe 187. Charlotte -Worth 170, Dockery 3 Greensboro' Worth 33, D'.ckery 4. High Pciut Dockery 136, Worth 54. Hillbororo' Worth 289, Dockery 13. . Lenoir and Greene Coward elected to the Senate. Wayne Mr. Thompson is elected to tho benate, and Messrs. Everett am. Garris to the Commons. Salisbury Worth 329, Dockery 1, HoWen 1. Shober has 76 majority for the Sen ate. Commons Ford and Crawford elected. Concord Worth 169, Dockery 9. Senate Mar shall 116, Furr 60. Commons - J. M. Long 108, W. C. Means 52. Asylum for ti- Orphan Soldi TH. of I'otifWternt the dialect of Badicaliem, means only the States its purpose just as veil without the custody that are North. The Constitution is a dead letter. I ..... . vw ' ox ma persou as witu iu ne is summoned to appear on the same principle that the defendant in a civil suit is summoned to appear, line stays away, lie only -waives his opportunity of defence. An officer sum moned to appear and answer to an impeach ment has these three alternatives, with per fect freedom of selection, namely : he may Whenever thev are needed to be "counted in "for their hai m, the Southern States are so counted in ; whenever for their good they should be re garded as part of the nation, they are "counted Now, they are in or out. If in, who dare pro pose terms lor tneir admission 2 If out, what have tne otner states to do with them ? If they are in, why are not their Senators in Congress, seeing mat xno nun article or tne Constitution provides " that no State, without its consent, shall be de prived oi its equal suffrage in the Senate ?" Is Virginia a state or not v Xet that question have I appear in person ; he may appear only bv eral questions, all theories, all glosses, yes or no. If Virginia be one of the United States now, she was during the whole war. Then she did not ask representation and equal suffrage in the Sen B v ne cou complain of no act of Congress, as she had nothing to do with it ; but the day she comes forward and says, " I take my equal suf frage in the Senate " there is no power on earth known tO the AmaVican firtnfitifrntirm vrfci on deprive'. her of that " equal suffrage" . with-1 ceeding : counsel ; or he may decline to appear at all In the case of Justice Samuel Chase, of the United -States Supreme Court, im peached in 1805, the Senate, after organ izing as a high court of impeachment, adop I ted the following as one of its roles oi pro- During the progress of the war several efforts were inaugurated with much suc cess to provide Asylums for the orphans of Confederate soldiers. In North Carolina, especially, under the auspices of the Uev. Dr. Deems, a very large sum had been raised for this purpose, but the result of the war, which destroyed the currency iu which the subscriptions had been made, rendered the entire fund valueless. The very causes which operate to make it impossible for our people, by voluntary do nations, to provide for these orphans, ren der their claims upon us more pressing. These unfortunate children have not only had property destroyed byr the operations of the war, but their natural guardians and protectors poured out their life's blood up on the battle fields of their country, and the dependent orphans are drift ing about upon the broad and dangerous ocean of life without com pass or helmsmen. Children who under the kind and protecting care of a father, would have become useful orna ments to society, are growing up in igno. ranee, and maybe, in vice, and will become a burden and tax upon communities who are neglecting them as much from a want of interest as ability. We do not propose that the people of North Carolina shall be called upon to pay a tax or contribute by inuividnai subscnp tions entirely, to provide a proper home for the orphans of the Confederate soldiers of the State. We are convinced that at pres ent this plan is not practicable, but we will not admit that our people do not feel the great necessity for such an institution or appreciate the paramount claims of these unfortunate orphans upon their generosity and charity. Much can, however, be accomplished by organization and concert of action, and as proof of this we desire to call the attention of our ladies to what has been done in thisim. portant matter by the united efforts of the ladies of Clarksville, Tennessee. Appre ciating the necessity of an Asylum for the orphans of Confederate soldiers they formed an Orphan Asylum Association, and com menced their benevolent labors last Spring. The iniatory steps were taken under the most discouraging circumstances. The war had just closed, the people were great ly depressed, and money very scarce. Ad ded to this, the community were almost equally divided in their sympathies in re ference to the late struggle. Bat the ne cessity would not brook delay, and they de termined to do all in their power to gather together the beloved and dependent chil dren of those who had gone forth at the call of the State and forfeited their lives, and left their dear ones to the protection grace present appeals to the the people. And those able and disposed to assist them do so with a more willing and generous hand, as they feel confident that from what has already been accomplished and the zeal aud earnestness with which these ladies have gone to work, that their donations will not be thrown away, but like seed sown on good ground will produce an hundred fold. Now we propose that our ladies shall in augurate some similar effort. We are sure, with the same zeal and earnestness in this labor, as much success can be obtained. Our ladies are as benevolent as those of Clarksville, and certainly they sympathize as warmly in the necessities of the orphans of our gallant soldiers. Tho entire commu nity join them, too, in this feeling. Money, certainly, is very scarce, and our people are compelled-' abor hard for a support, but they will spend a liberal portion of their earnings for amusement and pleasure, even when their sympathies are not appealed Jo. And this money goes not to reward the noble conduct .of their patriotic dead or to pa' a debt of gratitude they owe their chil dren ; not to be expended in educating the i i i - p ii . i .i i . , dependent orpuans oi ineir nonuieu iieroea and elevating and improving their own society ; but to strangers who have neither their sympathy or respect. Within the week just past, the people of New Hanover and Brunswick counties have paid a sum of money to Dan Castello and the other shows connected with his circus to form a liberal nucleus for a f mid for the purpose of establishing an Asylum fur their orphans, which would-at once place the pro ject beyond the shadow of a doubt of final and complete success. And money enough will be paid these same companies during their stay in the State to build and found an Asylum and College for these unfortu nate children which would stand a lusting monument of the liberality and gratitude of our people, and would be the healthy fountain head of untold blessings to our State. This very fact proves that the project is feasible, and requires only energy and de termination to carry it successfully out. It requires some one to start the movement, and if once properly in motion, we believe that the enterprise is so worthy aud meri torious, and one that appeals so strongly to the hearts and sympathies of the entire State, that it will not fail. We cannot look either to Federal or State aid in this mat ter. The cause for which the parents of these children died is under the ban, but the flatr which thev followed and the caus for which they gave up their !ivts was made im mortal by theirheroism, and the very h. o our efforts cost has endeared to us the recol lection of ouruufortunatestruersrle. The ob ject therefore appeals to the highest am" noblest sympathies of our hearts. The chil dren of these men who surrendered their lives for us, in want and poverty, appeal to us. Are they to grow up in ignorance and sin. and Ave to spend our nionev listening: to the stale witicisms of the clown, witness ing the unnatural aud unpleasant exhibitions of the gymnast, and applauding the dis gusting vulgarities of the minstrel? Against such a course the dictates of prudence and self-interest protest. Humanity and reli gion alike appeal to us ; our honor and character as a people demand different ac tion. From their sepulchres the voices of our heroic dead come to us in plaintive ac cents iu behalf of their orphan childreu. The Postponement of the Trial of Jefferson Davis. In the year 18G2 Congress by act, re moved to Norfolk the sessions of the Cir cuit Court of the United States, which, by previous enactments, had been held in Ilichmond. By .ict of Congress of the 22d May, 1866, the sessions of the Circuit Court were trans ferred to Ilichmond, and the Judges were authorized to make the transfer. By the same act tho Chief Justice of the Supreme Court of the United States was granted more enlarged powers than had been possessed previously by the Circuit Court or any justices of that court. He was authorized to call adjourned terms, and special terms, at his discretion, and upon sucli notice as he might prescribe, at which the Court should have' all the ju risdiction and authority as at a regular term. We say that no act of Congress ever conferred so much power upon any Justice of the Supreme Court before. By an early act special terms might be called tor the trial ot criminal cases. By another act an appointment might be made of a diilerent place for holding the Court than that prescribed by law, for th trial of criminal cases. Bv another act the presiding: Judire of the Circuit Court ('. c. the Chief Justice in Virginia) might call the Court for a special term, for the trial ot cases that did not re it i quire a iury. ut, by tuis act ne was authorized to convene Circuit Courts in Virginia, at his discretion, which should have the authority of those appointed by .ct of Congress. The Committee of the Judiciary of Con gress reported at the last session that uo further legislation was necessary to secure a prompt aud orderly trial of Jenerson Davis. They weri fully warranted in making this report by the iact that the act of 22d May had then been passed. The order for the holding of the Court in Ilichmond, on the 2d October, was made by Judge Underwood, at Ilichmond, in June last, some days after the act of Con gress of the 22d May last had been passed He made the order utter consultation with the Chief Justice of the Supreme Court and the Attorney General of tne Unitsd States, and cornformably to their wishes. The defi niteness, distinctness aud peremptory de clarations accompanying this order have been the answer made to all complaints for holding Jefferson Davis in custody ; aud all applications for allowing him to be at liberty on bail ; and to all arguments, that he has been denied a speedy trial. The second of October has come and passed. The counsel for Jefferson Davis have come. Where are Chief Justice Chase and District Judge Underwood ? Where is the Circuit Court of the United States, ad journed to be held at Ilichmond the second of October, I860? JS'on est inventus. Mr. Chief Justice Chase has discovered We learn by the papers that the admin' istration have placed the whole subject of the trial of Jefferson Davis wholly under the control of the Circuit Court. , They allow Chief J ustice Chase no chance for variableness or shadow of turning. , Will Chief Justice Chase bo in Ilichmond in November ? Will he hold the court ? It needs no prophet nor sou of a prophet to say, no ! Will Mr. Justice Underwood be there to pack a jury ? as he swore before the re construction committee may be done. We row not. Rich. Examiner. Free Setioiarship for Southern Ynung I.aUifs. Mrs. M. Leeod, of the Baltimore South ern Literary Institute, proposes to give one full scholarship, including board, Sec, to Florida, her native State, and one of tuition only, to each of the other ten Southern States, which formed the Confederacv.- 7 v Young ladies desirous to take advantage of this liberality will make application through the Southern more. Relief Association of Balti- lufonuation Wanted. Benjamin Smith, Company H, -10th llegi ment N. C. T., has not been heard from since the fall of Fort Fisher. His father, II. H. Smith, of llockingham, Richmond County, North Carolina, would feel con soled to learn with certainty the fate of his son. Editors will please copy. The Elections. o S.C S"n D 3 sr S. E c s a . . -. -. Oi. a a o 1 t D CS ES o I I as o H C5x.oaco-jM. to Cl 00 Worth. Dockery. S I :i 5? HCCCOQi).Oi, OS to o to K-l I cu c m o: fi c Hall. Wrisht. :::::: Poweis. g totsi-'&:-i- o Cowan. op HaooooptoMo,. . . 1 mcommm '. '. : ho McClammy. S2L w-sMtoei. . . EI c5 J hn- to co i-i : : : : Walker. j o - - totoi- r " ; I Tate. i '. : : i '. :::::: Hednck. . CO ...... go. .... . to ; i i J F-H- rrorrrrrrn n ! w wit . E3 an argument for absenteeism in a change made in the removal of Delaware from his circuit, and the addition of South Carolina to it by Congress at the last session. The argument is so futile that we can only regard it as a subterfuge. The judi cial circuits of the United States are created by acts of Congress. The allotment of the judges to circuits is made by the Supreme Court upon the demise of any of the jus tices. The allotment by the court is oper ative till a new allotment ia made, and each allotment refers to the circuit as established by law. Chief Justice; Chase is judge of the circuit to which Virginia belongs by al lotment, and no change in that circuit by Cougres.-:, by the addition or subtraction of other States, can have any effect upon his position, or can require any new order of allotment by the court. In fact, a new al lotment takes place onlv when one of the judges die. But the death of a judire has in uo case disturbed the circuits of the survivors, before a new allotment can be made. Chief Justice Chase found another diffi culty. It is that military law is in some manner or other in force in Virginia, and he wanted a covenant from the President that military law should not be applied to him. The reasons we are answering were given in a letter to the New York Tribune by its Washington correspondent, some day" be fore the second of October, aud which was obviously prepared under the direction of the Chief Justice. The Chief Justice seems to have a most imperfect aud narrow view of his obligations and duties, 'ihe judicial power of the United States depends for its exercise upon acts of Congress, and not upon agreements between the President and Justice of the court. The act of Congress, of 22d May last, transferred the sessions of the CircuifCouvt from Norfolk to Ilichmond, aud empowered the Chief Justice to convene special or ad journed terms of that court. The duty of the Chief Justice was to hold this court, whether the President liked it or not. The judiciary is not a subordinate or de pendent department, and this is probably tne nrsc case m tne nistorv ot the Supreme Court of the United States when a Judge has made any requisition upon the Presi dent as a condition for holding his court. He should hold his court, though the whole army of the United States were there threat ening him if he did so. Ihe case of poor Judge Underwood is more sorrowful than even that of the Chief Justice. An act of Congress had fixed upon Nor folk as the place for holding the Circuit Court in Virginia. While that act was in full force. Judtre Underwood removed the court to Richmond. Tlie Constitutional Amendments. Resolved by the Senate and House of Rep resentatives of the United States of America, two-thirds of both Houses concurring, That the following Article be proposed to the Legislatuie of the several States, as an amendment to the Constitution of the United States, which, when ratified by three-fourths of said Legislatures, shall be valid as part of the Constitution, viz : Article 14. Section 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citi zens of the United States and of the State wherein they reside. No State shall make or enforce any laws which shall abridge the privileges or immunities of citizens o the United States : nor shall any State de prive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equa protection of the laws. Section 2. Representatives shall be ap pointed among the several States accor ding to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed ; but whenever the right to vote at any election for electors of President or Vice President, and for the United States representatives in Congress, executive and judicial officers, or the mem bers of the Legislature thereof, is denied to any male inhabitant of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, ex cept for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of male citizens shall bear to the whole number of male citizens twenty one years of age in such State. Section 3. No person shall be a Senator or Representative in Congress, or elector of President or Vice-President, or hold any omce, civil or military, under the united States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legis lature, or as an executive or civil officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof ; but Congress may, by a vote of two-thirds in each House, remove such dis ability. Section 4. The validity of the public debt of the United States, authorized by law, including that incurred in payment of bounties and pensions for service in sup pressing insurrection or rebellion, shall not je questioned : and neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the Uni ted States, or any claim for loss or emanci pation of any slave : but all such debts, obligations and claims shall be held illegal and void. BoSgs Story'of Western Life. He says that he saw in a newsnaoer that the act providing for the change had been passed. Acts of Congress are matters of re cord, and Judge Underwood by inquiry, could have ascertained the fact. He does not seem to have ever thought it necessarv to inquire into the matter. He comes to Richmond, holds the court for more than a month, makes an order for an adjourned term, after consultation with ChW Justice Chase and Attorney General Speed, and when the time for holding the term arrives. he decides he has been wrong in all that he has done. But conceding that Judge Underwood was wrong, and we know of no presump tion to the contrary, we insist that CbiAf Justice Chase, under the broad and com prehensive powers conferred upon him by the act of the 22d of Mav 1 ast. could boTro rendered the term a legal one by his order nTlTTfimnV it r-, r. . I , .1 X m, I i.Uun.mug j.u cmjuumeu term, xne re- " Once," said Boggs, "L lived on the prairies of Illinois. I tell you that was the country for sparking. When you went to see a gall there, you were expected to sit up with her till near morning. The old folks turned in and let things take their course. They trusted their gals, thev did When I had been with my cousin, who was a larmer, a lew weeks, they had a Fourth ot J ulv celebration at Paw Paw, a few miles distant. The people gathered in from every direction lor twentv miles around. There was a Hoosier oratiou. a Hoosier dinner T T T ill m inu a noosier uaii. ihe oau commenced it rive o'clock in the afternoon, and they just hoed it down till five o clock next morning. Well, I was introduced to my cousin h wite s cousin, and she was a stun ner, too, I tell ye. That girl could talk. biie had just come from an Eastern board - 1 1 L11. - 1 . . m-.sfuooi. one Knew eastern ways ana W estern ways, and somehow she seemed to know how to just strike the balance between j them. I was afraid of her at first. She was what your novelists call "regal, self- possessea, queen like.' lint she soon pu me at my ease. She liked fun. too. She had a beau with her, but she threw him off as naturally as possible, U flirt with me. Then he went off and got drunk, and about an hour afterward there was a horse anc buggy with Popper drunk inside of it tear ing through the single main street of Paw Paw. Well, the buggy hit a post and turned over, and out went Popper, and when he was picked up, his sense was all knocked out of him. Then they carried him into the hotel and laid him on the bed, and all the girls and fellows came in and stood around him, and my regal beauty bathed nis neau witn cologne and cried over htm. lie wasn t long in cominc to. but. Iia didn t let on when he did come to. He laid there and let that girl bend over him and cry and slop bis head with spirits of campnor. j. saw it an. lie had a good thing just then. I'd have taken all his run away chances for a similar consideration. However, it was soon found out that noth ing so very bad was the matter with him, and then the crying corn-fed beauties quickly tlned their tears and put for the oan-room. l had a slight hand in that matter, you see, for I lust gave mv cousin a hint of the'real state of things, and he hinted to his wife, and his wife to Carry (that was her name) and she came back to ner normal state, and things went straight again. I felt sorry for Popper, too. He had to lay abed, you see, just to keep up the delusion that he was hurt. Thud fm- j the time, the inside track of him. It's very nice to have the inside track in these mat ters, especially when you've been standing oumc uuib on me outsioe. Well, we danced and sang and made love till near morning. They do all these things at Hoosier balls on the prairie. And about three o'clock I parted from my regal, corn fed beauty, got on the wagon with my cou sin and his wife, and as we took our way home, I was a thousand miles in love I never expected to see her again. I went to bed, little thinking thafcT fihrtnlrl acua Via- before I arose from my necessarily virtuous -tueie were past two rooms m my cousin s log-house the front room and the uacis room. The front room was about the wnoie noase, m fact, and was kitchen, par ior, Dearoom, and everything. As th guest of the family, I slept in the front room. Ail oi us slept late that morning. The sun was high in the heavens when I awoke. I thought a moment of the Para dise I had been in the night before, when x neum a ouggy cinve up to the front gate. iiuu. iueu voices,, ana men h vm or worse. I made a lightning calculation as to the time it would take to get out and get on 107 pants. Could I but get on these pants, things would not bear so bad an as pect. It wouldn't be quite so embarras sing. Yes ; I'd make the venture. I acted on the resolve. I thrust out one bashful limb. Her hand was on the latch. I had just time enongh to shake that leg back again when in she came, looking as bloom ing and smiling as one of the dew-covered prairie flowers over which she had just passed. And do you think she made any fuss, or called up any extra blushes, or tried to catterpihar, or anything of that sort ? Not a bit of it When she saw me, she just took things aa easily and quietly as if she had been in the habit of dropping in every morning on single gentlemen in bed. As for me, I was subjugated. I had noth ing to do but to lay still and take things as they came. I did try to make a sort of bow as she entered, but you can't make a grace ful bow when you are almost horizontal. And then don't you think. she walked np to that bed as coolly as if her own sister lay there, sat down on the side of it, and com menced talking of the ball of the night be fore. She seemed to be entirely at ease but I wasn't. I concluded it must be Western fashion, but it required some little time to get broken in. It was my first ex perience in that line. I rather liked it ; but it was rather too much to come at once. I wanted her to stay, and I wanted her to go away. Well, she stopped there on that bedside and talked for half an hour. And then she went into the apartment where the married couple reposed, and there wasn't much time lost on my part in getting on one pair of pants. I soon got broken to Western style after that. Its a grr at coun try for sparking. I shall never see another like it. Generals Ursnt and Polk. A correspondent of the Cincinnati Com mercial tells the following story of a bit of sharp practice between General Grant and General Polk : When the General was in command of the post of Cairo, Bishop General Polk, General Pftlow, and General Frank Cheat ham, of the Confederate armv. were at Co lumbus, Ky. Flags of truce were occasion ally sent back and forth between the two places, and the opposing Generals were generally present. After the conclusion of business it was frequently the case that wine would be brought forth, and toasts drank at parting. On one occasion General Polk proposed a toast which he said all could drink. Those present filled their glasses, and he gave : " To General George Washington." As he paused purposely at the end of the name, tho company commenced to drink, when ho added, the first rebel." Gen. Grant had his glass nearly finished by that time, and it was no use to stop : but he exclaimed. "That was scarcely fair, General, but I will bo even with you some day." The laugh was, of course, somewhat against him, but the company parted in good humor. Some two weeks afterward another flag of truce was sent down to Columbus, General Grant accompanying it. After business was over, the Confederate General produced he wine as usual, and General Grant adroitly turned the conversation into State rights, on which subject Southerners al ways loved to dilate their right.3 being the alleged object for which they claimed to be fighting. He allowed them to pro ceed at a considerable length without at tempting to refute anything, and they were perhaps flattering themselves with the idea that they were converting him from the er ror of his ways. At length he arose to go, and proposed a toast at parting. Glasses wero filled, and the General rose and gave : "Equal rights to all." He then made a pause, as General Polk had done, and when all were busily drinking, he added, "white and black." The horror of the chivalry at being in veigled into drinking such a heretical toast may easily be imagined ; and they wero rather disposed to feel angry, until General Grant remarked, "Now General Polk, I think I am even with you for that Confed erate toast you made me drink at our last conference." Quick to see and appreciate a good joke, the anger of the Southerners was turned into a laugh at the expense of their reverend General, who gracefully ac knowledged himself flanked. A Sontli Carolina Grand Jury on the Polit ical Situation. Charleston, October 25. The Grand Jury made a presentment to the United States Court to-day. After touching upon local topics, they express the hope that tho National Congress will dispassionately con sider the state of the country, and to direct its efforts to a full restoration of the Un ion, removing or modifying all disqualify ing acts, especially the test oath. They al so advert to the case of Jeff. Davis, and urge his speedy trial or release on bail as a matter of justice to humanity. Beattjiq a Child with a Base-Ball Club. A woman in Frankford, Pennsylva nia, has been held to answer to a charge of ill treatment of her step-daughter, about thirteen years of age. It is stated that 6he has been in the habit of beating the girl. Sometimes she would knoek her down and beat her head against the floor. Last win ter she compelled the child, in nearlv a nude state, to go into the yard, break the ice in a barrel and wash herself. The girl has been treated so inhumanly that from a bright, intelligent child, she has become almost an idiot. The last act of cruelty, and the one which aroused the indignation of the neighbors, was a beating with a base ball club. An elephant tusk for the Waterbury but ton makers, saja the Hartford Times, weigh ing over 100 pounds, and measuring be tween eight and ten feet in length, attract ed considerable attention at the Bridgeport depot. A gentleman of some natural dis cernment, while taking a squint at it re marked truly: "It took a strong dentist to pull that tooth." Of 3 e o QQ i , . VJ i uuu tu-a iuived, auu HI til H VOlrtA Irwl RttmiRlblhfxr fr,v fV.o f.iilina rt U a I . -r. ' " OlCfc). tJOOO " rc; -S-rS l"uuuu"restsgraciousA was the regal Caroline. upon tne Judges. They are much more concerned with the political arrangements of the country, than with the performance of their judicial duties. They are not wil ling to bring the case of Jefferson Davis to trial lest it may interfere with the calcula tions of their partv. Thev nrfi Trillin or flinf , J the life of Jefferson Davis shall be used as a counter in a party struggle. They are saw it all. I a forth- Words indicativft nf coming visit had fallen on my ears the day before. But I had no idea it was to be so soon. And there I was in bed, and the front door of the house was the front door of my room, and when it opened it would disclose c "asniui, snnnfciner youth of eio-hi in ho1 Qt.. : . . . ci - r. o : SS&.'SL0 .IfeiSf aperson in bed.. Bot iX see- ust A Female has been born in La Crosse with two perfect tongues. If she lives and marry, won't her husband catch it ? A Paris letter savs : " Ther in a li sympton of the fashions that are to be for he winter. Bonnets, having been reduced to their Simplest expression nn recr&rda volume, are to disappear entirely, and to be replaced bv hats i -,, " - - - - orms. On a memorable occasion, it was the re mark of the Duke of Willington, in the British House of Lords, "If I could avoid by any sacrifice whatever, even one month of civil war in the connty to which I am attached, I would sacrifice my life in order to do it." The New Orleans Commercial is uneasy at the style in whioh "fronts" are runup in that city, supported upon pipe-stem iron columns and two-inch cast-iron slabs. A letter from Switzerland says that the ascent of Frohnalpstock, 7,092 feet, was ac complished a few days back by a little girl barely six years of age, in company with her grandfather. Genius does what it must ; talent what it can. A lover should always present himself at his sweatheart's door with a little ring, but not without a "rap." It is beauty's privilege to kill time, but time always kills beauty. The industral establishments of New York employ D0,000 females .
Wilmington Journal [1844-1895] (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 25, 1866, edition 1
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