Volume XLIII.

PUBLISHED EVEBY TUESDAY MOBNING BY

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tions be maked upon the manuscript it will bepublished until forbid and charged accordingly.

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ps- Address?"Staunton Spectator," Staunton,Augusta County, Ya.

Professional Directory.

BR. B. M. ATKINSON,Office and residence, opposite

Benjamin Crawford's, Esq.,N. E. corner Frederick and Augusta sts.,

_

sept 18?6 mStaunton.

|"|B. «*? mt, P. GIBSON,* WAYNESBORO',

VIRGINIA.Junel2?ly \u25a0 _

.

AB. ARTHUR, D. D. S., (office one door. from corner of Beverly and New streets,

Staunton, Va,Artificial Teeth mounted on Gold,

Silver, Platina, and Vulcanite.greatest improvement yet introduced tffnStefe®'into Dental Science is conceded to bethe Vulcanite process ; it being four times lighterthan goid. and much cheaper, embracing superi-or cleanliness, nicer adaptation, and many otheradvantages. All the various operations of Den-tal Surgery performed with strict reference to

March '20?tf.10IIN ECHOLS, R. H. CATLETT,

Monroe county, Lexington.h. m. bell, Staunton.

ECHOLS, BELL *i CATLETT,ATTORNEY'S AT LAV/,

Staunton, Virginia,Will practice in the State and Federal Courts atStaunton, and in the Circuit and County Courtsof Rockbridge. Rockingham and Allegheny.?They will also attend to special business in anypart of Va. and West Virginia. [Sept 12?tt

THOS. J. MICHIE. J. W. G. SMITH.

MICH IE A SMITH,ATTORNEYS AT LAW,

Staunton, Va.,Practice in the Federal Court at Staunton ; in allthe Courts of Augusta county; in the Circuit andCounty Courts of Rockingham ; and in the Cir-cuit Courts of Rockbridge.

Collection of claims promptly attende*to.Nov. 14?tf

BOLIVAR CHRISTIAN,ATTORNEY AT LAW,

Staunton, Va.,Attends the Courts of Augusta and adjoining

Counties.Attention given to the interests of residents in

this country in lands in Missouri, lowa, and otherWestern States. Oct 24?tf.

GEO BAYLOR. MARSHALL HANGER.

BAYLOR <fc HANGER.ATTORNEYS AT LAW,

Staunton, Va,,Practice in all the Courts of Augusta county, andattend promptly to the collection of claims in anyjf the adjoimng counties. Nov 7?tfiMEORGE M. COCHRAN, Jr.,XJ ATTORNEY AT LAW,

Staunton, Va.,Office in rear of Court House, adjoining DavidFultz. Aug 15?tf

Medical.STILLS' SOLUTION BLEJJIfOR-\f KHAGIE OK GONORRHOEA SOLU-

TION, for the speedy and pleasant cure ofGonorrhoea, Gleet, F/uor Albus, Catarrh of the

Bladder, $c,Warranted not to injure the stomach.For sale by druggists generally,

mar o?to Qet23

REYNOLD'S VIRGINIA HEPATICAND PURGATIVE PILLS are now dis-

tributed over the State of Virginia, and in thereach of every one. These Pills are acknowl-edged by all who have used them to be superiortoany ever offered to the people.

Nothing is claimed fur them that we do not be-lieve to be strictly true. For directions and dis-eases for which they are recommended and areapplicable, see circular and pamphletaround boxcontaining them. Manufactured by

WM. RENNOLDS & CO.Aug. 14?lyr Staunton, Va.

everybody says mustIJ be true. We have heard Dr. Strickland sTonic spoken of so frequently by those who havebeen benefitted by it, that at last we are compell-ed to make it known to the public that we reallybelieve it effects a cure in every case; therefore,we say-to those, who aresuifering with Dyspepsiaor Nervous Debility, to go to their druggists andget * bottle ofDr. Strickland's Tonic.

For sale by Dr. H. S. Eichelberger, and P. H.Trout and by druggists everywhere.nrrivoßAo cases or pilescured

t by Dr Strickland's PILE Remedy.?Mr.Glass, of Janesville, Wisconsin, writes for thebenefit of all who suffer with the that hehas been troubled for eight years with an aggra-vated case of Piles, and his brother was discharg-ed from the army as incurable [he being quiteparalyzed with the Piles.] Both thesedistressingcases'werecured with one bottle of Dr. Strick-land's Pile Remedy. The recommendation ofthese gentlemen, beside the daily testimonials re-ceived by Dr. Strickland, ought toconvince thosesuffering that the most aggravated chronic casesof Piles are cured by Dr. Strickland's Pile Rem-edy. For sale by Dr. H. S. Eichelberger and P.H.~ Trout, and by druggists everywhere.

A' SUPERIOR REMEDY.? We can con-scientiously recommend to those suffering

from a distressing cough, Dr. Strickland's Mel-liflous Cough Balsam is one of the best prepara-tions in use, and is all that its proprietor claimsfor it. We have tried it during the past week,and found relief from a most distressing cough.It is prepared by Dr, Strickland, No. 139 Syca-more St, Cincinnati, Ohio, and for sale by Dr.H. S. Eichelberger, and P. H. Trout, and bydruggists everywhere. march 13. '66?ly

Tobacco, Cigars, Snuff, &c.VIEW GOODS ! NEW GOODS ! !

J3| JUST ARRIVED!?We have justreceivedat the Tobacco Store of

A RME NTROUT $ SO N,a fine and well selected stock of

STATIONERY and FANCY NOTIONS.The following comprises a part ofour fine as-

sortment :

1000Envelopes from official to smallest size,LUg hill Cap Paper, broad do., Foolscap Ex-

tra Letter do., Bath Post, Commercial Note. Oc-tavo do., Gilt Edge do.. Billet do.. Ladies do.,Mourning Paper and Envelopes, Copy, Blankand Pass Boon, Visitin.* Card-, Diaries, Pens,pencils, and Pen Holders, Red. Blue and BlackInks, i'erfumeries, Hair and Tooth Brushes, Toi-let and Fancy Soap.-, Combs of all kind.-, PictureFrames, Pistons fir Albums, Violin and GuitarStrings. All grades of

Meerschaum Pipes and Cigar Smokers,Wood, Clay, and Chalk Pipes,Pipe Stems of all descriptions,

ft larce supply °f nno Smoking and ChewingTOBACCOS.

Rappee, Maccaboy and Scotch Snuffs.100,000 CIGARS,

all ofwhich will be sold cheap, at theTobacco and Cigar Store of

oet23-tf ARMENTROUT & SON.

Watches and Jewelry.

JEST RECEIVEDAT MEREDITH'S OLD STAND,

Next door to Piper & Funk-houser, Main street. A fine as-sortment of noUnßi

WATCHES & JEWELRY,which we name in part as follows:

Ladies' and Gents' Gold hunting Watches andChains, Silver Watches?very low; Bracelets,Locket Charms, Finger Rings, Gold and CoralNecklaces and Armlets; Gold and Silver Thim-bles. Breastpins and Earrings in sets and sepa-rate'; Box and Glass Pins, Mourning Sets, Gents'Breastpins, Sleeve Buttons, and Studs; children'sEar and Finger Rings; Silver and Steel Specta-cles and Eye Glasses?far and near sighted;Clocks, &c.

These goods have been selected with great careand will be sold at a small advance above cost.

fc&~ No Goods will be misrepresented.Particular attention paid to ordering goods at

shortest noticeWatches and Jewelryrepaired in best manner.jan 8-3 mG. C. YEAKLE.

In P © R T A ST T !!LADIES and GENTLEMEN

contemplating marriage will do well by comingin time to B. MAYNE'S JEWELRY STORE,as he has the finest and largest assortment of Jew-elry in Staunton. From much you can make aselection that never fails to give satisfaction.

Also, in case of dimness of sight, he has a largeassortment of

EY _-GLASSES AND SPECTACLES,at 50 per cent cheaper than former prices.

Best "Watch Crystals 15 cents.Watches and Clocks repaired and warranted

at moderate prices.B. MATHS, from 225 Regent st., London,

now on Main street, Staunton, opposite GabrielHirsh's Store.__ jan 22?3mmiIEOLD ESTABLISHED WATCHJL and Jeweler's Store has been removed to

the Virginia Hotel. A. A. CONE, successor toJ. W. Meredith, would respectfully inform hisfriends and the public generally, that he has re-moved his store to the Virginia Hotel, next doorto Ladies' Entrance, where he is prepared to keepup its established reputation for good work.

Watches, Clocks, Jewelry, &c., repaired, andall work guaranteed.

He respectfully solicits a continuance of theliberal patronage heretoforebestowed?promisingsatisfaction in all cases. june26?tf

Groceries & Staple Dry Goods.\u25a0 \u25a0.

BAKER BROS, have again largely addedto their stock of GROCERIES and DO-

MESTIC DRY GOODS, among which theyenumerate the following articles, at greatly redu-cedprices:

Genuine New Crop Orleans Sugars,Superior crushed, powdered, granulated and

Coffee Sugars,Choice Gunpowder, Imperial and English

breakfast TEAS.To these, thoy call speoial attention, as they

have been selected with great care, and *vsguar-anteed to give satisfaction.

English Dairy CHEESE, No. 1 Maekarel, Bro-ma, Chocolate, and a full assortment of Groceriesof every de-cription.

Our DRY GOODS were purchased when themarket was at its loivest point, and we now offeryou Bleached and Brown Cottonsand Calicoes at

lower rates tlvan ever before !

We have bwsidps, a good assortment of Cantonand woolen Flannels, Ginghams, Tickings. Shirt-ing, Striped ; Cotton Yarns ; Wooden Ware andBrooms, Tinware, Crocks, and Stoneware; Paintsand Dye Stuffs ; Machine. Tanners' and LinseedOil; Coal Oil, coal oil Lamps and Chimneys;Window Glass, Putty; Tumblers and Goblets;Grindstones and Cranks; Shovels, Forks; Cut

and Clinch Nails, Horse Shoes and HorseShoe Iron and Nail Rods ; lump & ground Plas-

ter and other Fertilizers.We call especial attention to our stock of

BOOTS AND SHOES, at very low prices.Bolting Cloths will be furnished to Millers at

short notice.We give particular attention to the purchase of

Flour, Grain, and other Produce, and keep con-stantly on hand such Brands of Flour as we canrecommend, (Family, Extra and Superfine,) andwarrant good.

Jss3" We invite Country Merchants and allwho wish to purchase in quantities, to calland examine our stock as we feel sure wecan please both in quality of goods and inprices asked.

All GOODS guaranteed to be such asrepresen-ted. BAKER BROS.

jan 29, 1867.

Southern Publication.

AGENTS WANTED.875, SJOO and $150 Per Month

is now being made by our Agents canvassing forthe new work of historical value and romanticinterest, entitled

WEARING OF THE GRAY,"comprising

Personal Portraits, Sketches, Adventures and In-cidents ofthe late War, with Thrilling Nar-

ratives of the Daring Deeds, DashingCharges, Toilsome Marches, Willing

Sacrifices and Patient Sufferingsof the I

BOYS IN GRAY.BY JOHN ESTEN COOKIE,

Formerly of General Stuart's Staff", author of"Surry of Eagle's Nest," "Life of Stonewall

Jackson." &c, &c,HANDSOMELY ILLUSTRATED.

To energetic men and women a rare chance isoffered to make money. AddressSOUTHERN PUBLISHING COMPANY,

No. 13 Holliday streit, Baltimore, Md.,mars?lm Post-office box 1,424.

Sewinsj Machines.

AT THE STORE OF MR. COWANorders will be taken for the well-known

Common Sense Family Sewing Machine,for the benefit of the Ladies' Memorial Associa-tion. This machine is cheap and durable, andhas given entire satisfaction wherever used.

Price $20, and warranted for three years. Ma-chine shown and references given.

Agents in the country are wanted who will sellit for the same purpose", to whom the profits ofevery third machine will he given.

feb" 19?tfOEWING IIACHINES I? We have secur-lO ed the agency for this section of the Valley

for the sale ofWilcox and Gibb's Sewing Machines

which have been pronounced the best now in use.We will take pleasure in exhibiting a sample

Machine at our Store.We are authorized to refer to Mrs. Kelley, Mrs.

Marquis and Mrs. John G. Smith, who have themin use, WOODS & GILKESON.

oct o?tf_

Furniture and Undertaking.

CABINET MAKING «fc UNDERTA-KING?GospeI Hill, Main Street,

Staunton, Virginia.

Edward F. Joiixsox takes pleasure in inform-ing the citizens of Staunton and vicinity, that hehas now on hand a large supply of Bureaus, Bed-steads. Washstands, and all other articles manu-factured and kept in ft Cabinet Maker's establish-ment. He respectfully invites you to give him acall He will also pay prompt attention to the

UNDERTAKING BUSINESS,<tnd can furnish the best styles of plain and orna-mental Coffins?Walnut or Mahogany?also im-proved styles of Metalic Cases.

Repairing proirrptly and well done.nov 20?6 m

Marble Works..-»-.

MARQUIS & KELLY,VALLEY OF VIRGINIA

MARBLE WORKS,at

STAUNTON,LEXINGTON.

HARRISONBURG,ft (TIARLOTTESY JLLE.

fict)4Si..tflieady money.

IJEKSONS Wl**llV*G TO <»*T RKA-money for unquestionably solvent ante-

war bonds or judgments should enquire ni thisOffice. mars~3t

To Mill Owners.

A PRACTICAL MILLER DESIRESto lease, for a term of years, or take the man-

agement of a good mill on shares. Address.A MILLER,

maro?ft Spectator Office, Staunton, Va.

Poetry.For the Spectator.

Concluding Lines.Sill CAXTO OF HEWITT'S POEMS OF "WAR."

The last faint glimmer of Hope's lamp hath gone,The struggle s o'er, and Northern might pre-

vails ;The sun hath set which gave a crimson dawn,

And stricken Freedom in her anguish wails.Nogovernment?no heart to rise again,No patriot left to wipe away the stain ?

All's lost but honor?still its pulses beat,The proud soul swells, though at the conquerer's

feet!Will History's music do justice to the causeSo well defended ? Will the writer pauseWhen o'er the desolated South ho looksAnd hears the legends of her fields and brooks?The bonos of unknown heroes whiten there,The past is whispcr'd in the fetid air;A voice arises from the valley sod,Which tells of deed® that reach the ear of God.Each little stone hath felt the warmth of blood,And red hath tinged the lonely brooklet's flood ;While forests groan with legendary lore,And rocks uphold their pages stain'd with goreAs onward speed the restless wings of time,And forms are bent that now are in their prime?When lisping childhood asks the hoary sireTo tell of valor thrice refined by lire,The gray-beard will accord to Southrons boldA heart of steel?a spirit yet unsold,O'erpowered?not whipped?determined to the

last.The lion-hearted in misfortune's blast.

PRESIDENTS MESSAGE.Message of the President of the United

States, lieturning to the House of Repre-sentatives aBill Entitled "An Act to Pro-vide for the More Efficient Governmentof the Rebel States."

To the House of Representatives:I have examined the bill "to provide for the

more efficient government ofthe rebel States"with the care and anxiety which its transcen-dent importance is calculated toawaken. lamunable to give it my assent forreasons so grave,that I hope a statement of themmay have someinfluence on the minds of the patriotic and en-lightened men with whom the decision mustultimately rest.

The bill places all the people ofthe ten Statestherein named under the absolute dominationofmilitary rulers ; and the preambleundertakesto give the reason upon which tlie measure isbased, and the ground upon which it is justified.It declares that there exists in those States nolegal governments, and no adequate protectionfor life or property, and asserts the necessity ofenforcing peace aud good order within theirlimits. Is this true as matter of fact ?

It is not denied that the States in questionhave each of theman actual government, withail the powers, executive, judicial, and legisia-iative, which properly belong to a free State.?They are organized like the other States of theUnion, and, like them, they make, administer,and execute the iaws which concern their do-mestic affairs. An existing de facto govern-ment, exercisiug such functions as these, is it-self the law ot the State upon all matters with-in its jurisdiction. To pronounce the supremelaw-making power ofan established State ille-gal, is to say that law itself is unlawful.

The provisions which these Governmentshave made for the preservation of order, thesuppression of crime, and theredress ofprivateinjuries, are in substance and principle the sameas those which prevail in the Northern Statesand in other civilized countries. They certain-ly have not succeeded in preventing the com-mission of ali crime, nor has this been aecouiplished anywhere in the world. There, as wellas elsewhere, offenders sometime escape forwant of vigorous prosecution, and occasionally,perhaps, by the inefficiency of courts or theprejudice ofjurors. It is undoubtedly true thatthese evils have been much increased and ag-gravated, ISorth and South, by the demorali-zing influences of civil war, and the rancorouspassions which the contest has engendered.?But that these people are maintaining localGovernmentsfor themselves, which habituallydefeat the object of ail government and rendertheir own lives and property insecure, is in it-self utterly improbable, aud the averment ofthebill to that effect is not supported by any evi-dence which has come to my knowledge. Allthe information I have on the subject convincesme that the masses of the Southern people andthose who control their public acts, while theyentertain diverse opinions on questions of Fed-eral policy, are completely united in the effortto re-organiae thCir society on the basis ofpeace,and to restore their mutual prosperity as rapid-ly and as completely as their circumstances willpermit.

The bill, however, would seem to show uponits face that the establishment of peace andgood order is not its real object. The fifth sec-tion declares that the preceding sections shallcease to operate in any State where certainevents shall have happeued. These eventsare?First, the selection of delegates to a StateConvention by an election at which negroesshall be allowedto vote. Second, the formatiou ofa State Constitution by the Conventionso chosen. Third, the insertion into the StateConstitution ot a provision which will secure theright of voting at all elections to negroes, andto such white men as may not be disfranchisedfor rebellion or felony. Fourth, the submissionofthe Constitution for ratification to negroesaud white men not disfranchised, and its actualratification by their vote. Fifth, the submis-sion of the State Constitution to Congress lorexamination and approval, and the actual ap-proval of it by that body. Sixth, the adoptionof a certain amendment to the Federal Consti-tution by a vote oi the Legislature electedunderthe new Constitution. Seventh, the adoptionpf said amendmeut by a sufficient number ofother States to m>ike it a part of the Constitu-tion of the United States, All theseconditionsmust be fulfilled before the people of any ofthese States can be relieved from the bondageofmilitary domination ; but when they are ful-filled, then immediately the pains and penaltiesofthe bill are to cease, no matter whether therebe peace and order or not, aud without any ref-erence to the security ot life or property. Theexcuse given tor the bill in the preamble is ad-mitted by the bill itself not to be real. Themilitary rule which it establishes is plainly tobe used?not for any purpose of order or forthe prevention of crime, but solely as a meansofcoercing the people into the adoptionofprin-ciples and measures to which it is known thatthey are opposed', and upon which they havean undeniable right to exercise their own judgmeut.

1 submit to Congress whether this measureis not, in its whole character, scope and object,without precedent and without authority, inpalpable conflict with the plainest provisions otthe Constitution, and utterly destructive tothose peat principle . and humanityfor which our ancestors on both sides of theAtlantic have shed so much blood and expso much treasure.

The ten States named in thebill are dividedinto live districts. For each district an officerofthe army, not below the rank of brigadier-;:. oeral, is to be appointed to rule over thepeopi< j : and he is to be supported with anefficientmilitary force to enable him to perform his liftties and enforce his authority. Those dudfeand that authority, as defined by the third section of the bill, are "to protect ail persons intheir rights of person auu property, to suppressinsurrection, disorder and violence, and to pun-ish, or cause to be puni-hed. ail disturbers ofthe public peace or criminals." The powerthus given to the commanding officer oyer ailthe people of each district is that of an ab-olutomonarch. His mere will is to take the place of

all law. The law ofthe States is now the onlyrule applicable to the subjects placed under hiscontrol, and that is completely displaced by theclause which d°clares all interference of Stateauthority to be null and void. He alone is per-mitted to determine what are rights of personor property, and he may protect them in suchway as in his discretion may seem proper. Itplaces at his free disposal all the lands andgoods in his district, and he may distribute themwithout let or hindrance to whom he pleases.?Being bound by no State law, and there beingno other law to regulate the subject, he maymake a criminal code of his own ; and he canmake it as bloody as any recorded in history, orlie can reserve the privilege ofacting upon theimpulse of his private passions in each case thatarises. He is bound by no rules of evidence:there is, needed, no provision by which he isauthorized or required to take any evidence atall. Everything is a crime which he choosesto call so, and all per.-ons are condemnedwhomhe pronounces to be guilty. He is not boundto keep any record, or make any report of hisproceedings. He maj arrest his victims where-ever he finds them without warrant, accusationor proof of probable cause. If he gives thema trial before he inflicts thepunishment he givesit of his grace and matey, not because he iscommanded so to do.

To a casual reader of the bill, it might seemthat some kind of trial was secured by it to per-sons accused ofcrime ; but such is not the case.The officer "may allow local civil tribunals totry offenders," but of course this does not re-quire that he shall do so. If any State or Fed-eral court presumes to exercise its legal juris-diction by the trial of a malefactor without bisspecial permission, he can break it up and pun-ish the juflges and jurors as being themselvesmalefactors. He can save his friends from jus-tice and despoil his enemies contrary to justice.

It is also provided that "he shall have powerto organize military commissions or tribunals ;"but this power he is not commanded to exer-cise. It is merely permissive, and is to beusedonly "when in his judgment, it may be neces-sary for the trial of offenders." Even if thesentence of a commission were made a pre-rc-quisite to the punishment ofa party, it wouldbe scarcely the slightest check upon the officer,who has authority to organize it as he pleases,prescribe its mode of proceeding, appoint itsmembers from among his own subordinates,andrevise all its decisions. Instead of mitigatingthe harshness of his single rule, such a tribunalwould be used much more probably to dividethe responsibility of making it more cruel andunjust.

Several provisions, dictated by the humanityofCongress, have been inserted in the bill, ap-parently to restrain the power of the command-ing officer; but it seems to me that they are ofno avail for that purpose, *The fourth sectionprovides? First. That trials shall not be un-necessarily delayed; but I think I have shownthat the power is given to punish without trial,aud if so, this provision is practically impera-tive. Second. Cruel or unusual punishmentis not to be inflicted; but who is to decide whatis cruel and whut i3unusual ? The words haveacquired a legal meaning by long use in thecourts. Can it be expected that military offi-cers will understand or follow a tule expressedill language so purely technical, aud not per-taining in the least degree to tueir profession?If not, then each officer may define cruelty ac-cording to his own temper, and if it is not usu-al, he will make it usual Corporeal punish-ment, imprisonment, the gag, the ball andchain, and the almost insupportable formsof torture invented for militaiy punishment,lie Within the range of choice. Third. Thesentence of a commission is not to be exe-cuted without being approved by the comman-der, if it affects life or liberty; and a.sentence of death must be approved by thePresident. This appljcs to cases in whichtherehas been a trial and sentence. I take it to beclear, under this bill, that the military com-mander may condemn to death without eventhe form of a trial by a military commission, sothat the lite of the condemned may depend upon the will of two men, instead of one.

It is plain that the authority hare given tothe military officer amounts to absolute despot-ism. But, to make it stili more unendurable,the bill provides that it may be delegated to asmany subordinates as he chooses to appoint;for it declares that he shall "punish or cau->e tobe punished." Such a power has not beenwielded by any monarch in England for morethan five hundred years. In ail that time nopeople vi ho speak the English language haveborne such servitude. It reduces the wholepopulation of the ten States?all persons, ofevery color, sex and condition, and everystran-ger within their limits?to the most abject anddegrading slavery. No master ever had a con-trol so absolute over his slaves as this bill givesto the military officers over both white and col-ored persons.

It may be answeredto this that the officers ofthe army are too magnanimous, just and humaneto oppress and trample upon a subjugated peo-ple. Ido not doubt that army officers ''are aswell entitled to this kind of confidence as anyother class of men. But the history of theworld has been written in vain, if it does notteach us that unrestrained authority can neverbd .-afely trusted in human hands. It is almostsure to be more or less abused under any cir-cuuistances, and it has always resulted* in grosstyranny where the rulers who exercise it areStrangers to their subjects, and come amongthem as the representatives of"a distant power,and more especially when the power, that send*,them is unfriendly. Governments closely re-sembling that here proposed have been fairlytried in Hungary and Poland, and the sufferingendured by those people roused the sympathiesof the entire world. It was tried in Ireland,and, though tempered at first b} T principles ofEnglish law, it gave birth to cruelties BO atro-cious that they are never recounted without justindignation. Ihe French Convention armedits deputies with this power, and sent them tothe Southern departments of the Republic.?The massacres, murders, and other atrocitieswhich they coium tted show w>iat the pas-sions ofthe ablest niep in the mosi, civilized so-ciety will tempt them to do when wholly unre-strained by law.

The meti ofOUT race in every age have strug-gled to tie up the hands of their Governmentsand keep them within the law; because theirown experience of all mankind taught them thatrulers could not be relied on to concede thoserights which they were not legally boundto res-pect. The head ofa great empire has some-times governed it with a mild and paternalsway; but the kindness of an irresponsibledep-uty never yields what the law does not extortfrom him. Between such a master and thepeople subjected to his domination there canbe nothing but enuiity: he punishes them ifthey resist Ids authority, and, if they submit toit, he hates them lor their servility.I come now to a question which is, if possi-

ble, stiil more important - Have we the powerto establish and carry Hito oxecution a measurelike this? I answer, certainly not, if we deriveour authority from the Constitution, end if weare bound by the limitation- which it imposes.

This proportion is perfectlj clear?that noBderal Go

legi dative or j dicial,can have any just poexcept those which it derives through, and ex-ercises under, the oriranie law of the ? won. -Outside of the Constitution, we have no legal

. . ~-:;- more than-privateicitizens, and withw, have only so much as that instn

giv-- us Thin bivad prineipl< U our: functions, and applies to all subjects. It pro.tects not onb the ejtt?ens of States which are;,':'. :V.. t ] ." -hi Ida cvi ry human

: ? iab gl ; rourjuridiction. We liave no ngbt to do ii; one^place,more than another, that which the Constitutionsays we shall not do at. all. If, therefore, theSouthern States were in truth out of the Union,we could not treat their people in a way winchthe fundamental law fcrbid*.

Some persons assume that the success ol ourarms in crushing the opposition which wasmade in some of the States to the execution of

STAUNTON, VA., TUESDAY, MARCH 12, 1867.the Federal laws, reduced those States and alltheir people?the innocent as well as the guilty?to the condition of vassalage, and gave us apower over them which the Constitution doesnot bestow, or define, or limit. No fallacy canbe more transparent than this. Our victoriessubjected the insurgents to legal obedience, notto the yoke of an arbitrary despotism. Whenan absolute sovereign reduces his rebellious sub-jects, he may deal with them according to hispleasure, because he had that power before. ?But when a limited monarch puts down au in-surrection, he must still govern according tolaw. If an insurrection should take place inone of our States against the authority of theState government, and end in the overthrow ofthose who planned it, would that take away therights of all the people ofthe counties where itwas favored by a part or a majority ot* the pop-ulation? Could they, for such a reason, bewholly outlawedand deprivedof theirrepresen-tation in the Legislature ? I have always con-tended that the Government of the UnitedStates was sovereign within its constitutionalsphere; that it executed its laws, like the Statesthemselves, by applying its coercive powers di-rectly to individuals; and that it could putdowninsurrection with the sameeffect as a State, andno other. The opposite doctrine is the worstheresy of those who advocated secession, andcannot be agreed to without admitting that her-esy to be right.

Invasion, insurrection, rebellion, and domes-tic violence were anticipated when the Govern-ment was framed, and the uieaus fit' repellingand suppressing them were wisely provided foriv the Constitution; but it was not thoughtnecessary to declare that the States in whichthey might occur should be expelled from theUnion. Rebellions, which were invariably sup-pressed, occurred prior to that out ot whichthese questions grow; but the States continuedto exist and the Union remained unbroken. InMassachusetts, inPennsylvania, in .Rhode Is-land, and in JNew York, at different periods inour history, violent and armed opposition to theUnited States was carried on ; but therelationsofthose States with the Federal Governmentwere not supposed to be interruptedorchangedthereby, after the rebellious portions*of theirpopulations were defeated auuput down. It istrue that in those earlier cases there was no for-mal expressionof a determination to withdrawfrom the Union, but it is also true that in theSouthern States the ordinances of secessionwere treated by all the frieuds of the Union asmere nullities, and are now acknowledged to beso by the States themselves. If we admit thatthey had any force or validity, or that they didin fact take the States in which they were pass-out ofthe Union, we sweep from under our feetall the grounus upon which we stand in justify-ing the use of Federal force to maintain the in-tegrity of the Government.

This is a bill parsed by Congress in time ofpeace. There is not in any one of the Statesbrought under its operation either war or insur-rectiou. The laws of the States and of theFederal Government are ail in undisturbed andharmonious operation. The courts, State andFederal, are open, and in the full exercise oftheir proper authority. Over every State comprised in thesefive military districts, lite, liber-ty and property are secured by Siate laws audFeberal laws, ami the national Constitution iseverywhere in force and everywhere obeyed.?What, then, is the ground on which this billproceeds ? The title of the bill announces thatit is'intended "for the more efficient govern-ment of these ten States. It is recited byway of preamble that no legal Slate govern-ments, "nor adequate protection for life orproperty," exists in those States, and that peaceauU good order shouid be thus enforced. Thefirst thing which arrests attention upon theserecitals, which prepare the way lor martial law,is this?-that ilie only foundation upon whichuiamai law can exist under our form of Gov-ernment is not stated or so much as pretended.Actual war, foreign invasion, domesticinsurrection?none of these appear and none of thesein fact exist, it is not even recited that anysort of war or insurrection is threatened. Letus pause here to consider upon this question oiconstitutional Jaw and ihe power of Congress, arecent decision of the Supreme Court of theUuiteU States inex parte Alilligan,

I will first quote from the opinion ofthe ma-jority oi the court: "Martial law cannot arisefrom a threatened invasion. necessity mustbe actual aud present, the invasion real, suchas effectually closes the courts and deposes thecivil administration." We see that martial lawcomes in only when actual war closes the courtsaud deposes the civil authority ; but this bill,in time of peace, makes martial law operate asthough we were in actual war, and becomes thecause instead ofthe cousetpteuce of the abroga-tion ot civil authority. One more quotation : ?'Tt follows from what has been said on this sub-ject that there are occasions when martial lawcan be properly applied. If in foreign invasionor civil war the courts are actually closed, andit is impossible to administer criminal justiceaccording to law, then, on the theatre of activemilitary operations, where war really prevails,there is a necessity to furnish a substitute forthe civil authority, thus overthrownto preservethe safety of the army and society; and as nopower is left but the military, it is allowed togovern by martial rule uutil the laws cau havetheir free coqrse."

I now quote from the opinion ofthe minorityof the Court, delivered by Chief JusticeChase:"We by no means assert that Congress cau es-tablish and apply the laws ot war where no warhas been declared or exists. W here peace ex-ists, the Jaws of peace must prevail." This issufficiently explicit. Peace existsin all the ter-ritory to which this bill applies. It asserts apower in Congress, in time of peace, to set asidethe laws of peace and to substitute the laws otwar. The minority, concurring with the majonty, dec'aies that Congress dues not possesstliat power. Again, and, if possible, moreemphaticahy, the Chief Justice, with remarkableclearness aud condensation, sums up the wholematter as follows:

"There are under the Constitution threekindsofmilitary jurisdiction?one to be exercisedbothin peace and war; another to be exercised mtime of foreign wai without the boundaries ofthe United States, or in time of rebellion audcivil war within States or districts occupied byrebels treated as belligerents ; and a third to beexercised in time of invasion or insurrectionwithin the limits of the United States, or during rebellion within the hunts of the Statesmaintaining adhesion to the National Govern-ment, when the public danger requires its ex-ercise. The first of these may be called juris-diction under Military Law, and is found inacts of Congress prescribing rules and articlesof war, or otherwise, piovidmg tor the governmeut ofthe national forces; the second may bedistinguished as Military Government, super-seding, as far as may be deemedexpedient, thelocal law, and exercised by the military com-mander under the direction of the President,with the express or implied sanction of Con-gress; white ttie third may be denominatedMartial Laic Rroper, and is called into actionby Congress, or temporarily, when the actionof Congress cannot be invited, and in the ca-eof justifying oi ex using peril, by the Presidentpi tunes of insurrection i.r invasion or oi civilor Ibreign war, within districts or loeahiie-where ordinary tan no longeradequatelysecurerpublic safety unci privaterights.'

It.will be observed thai o: (he three kinds ofmilitary jurisdictionwhich cau be exercised orcreated under our Cooatitutioa. there is but one;n.t van prevail in time of peace, and that b-the code ol laws onaeu-d by Congress for thegovernment of the national ibices. That bodyof military law no application to tho citizen,nor even to the citizen soidier enrolled in themilitia in tune oi peace. But this hill is nota part ot thai sort of military law, fur that ap-plies only to the soldier and not to the citizen,whilst, contrariwise, the military law providedby this biil applies only to the citizen and notto the soldier,

1 need not say to the representatives of theAmerican people that theirConstitutionforbidsthe exercise of judicial power in any way but

one?that is by the ordained and establishedcourts. It is equally well known that in allcriminal cases a trial by jury is made indispen-sable by the express words of that instrument.I will not enlarge on the inestimable value ofthe right thus secured to every freeman, orspeak of the danger to public liberty inall partsof the country which must ensue from a denialof it anywhere or upon any pretence. A veryrecent decision ofthe SupremeCourt has tracedthe history, vindicated the dignity, and madeknown the value of this great privilegeso clear-ly that nothing more is needed. To what ex-tent a violation of it might be excused in timeofwar or public danger may admitofdiscussion,but we are providing now for a timeof profoundpeace, where there is not an armedsoldierwith-in our borders except those who are in the ser-vice of the Government. It is in such a con-dition of things that an act of Congress is pro-posed, which, if carriedout, would deny a trialby the lawful courts and juries to nine millionsof American citizens, and to their posterity foran indefinite period.

It seems to be scarcely possible that any oneshould seriously believe this consistent with aConstitution which declares in simple, plainand unambiguous language, that all personsshall have that right, and that no person shallever in any case be deprived of it. The Con-stitution also forbids the arrest of the citizenwithout judicial warrants, founded on probablecause, This bill authorizes an arrest withoutwarrant, at the pleasure of a military comman-der. The Constitution declares that "no per-son bhali be held to answer for a capital or oth-er infamous crime unless on presentment by agrand jury." This bill holds every person, nota soldier,answerable for all crimesand all charges without any presentment. The Constitu-tion declares that "no person shall be deprivedof life, liberty, or property without due processof law." This bill sets aside all process of law,and makes the citizen answerable in his personand property to the will of one man, and as tohis life to the will of two. Finally, the Consti-tution declares that "the privilege of the writof habeas corpus shall not be suspended unlesswhen, in case of rebellion or invasion, the pub-lic safety may require it;" whereas thisbill de-clares martiallaw, (which of itself suspends thisgreat writ,) in timeof peace, and authorizesthemilitary to make the arrest, and gives to theprisoner only one privilege, and that is a trial'without unnecessary delay."' He has no hopeof release from custody, except the hope, suchas it is, ofrelease by acquittal before a militarycommission.

The United Statas are bound to guarantee toeach State a Republicanform of Government.Can it be pretended that this obligation is notpalpably broken if we carry out a measure likethis, which wipes awayevery vestige of Repub-lican government in ten States, and puts thelife, property, liberty, and honor of all the peo-ple in each of them under the dominationof asingle person clothed with unlimitedauthority?

The Parliament of England, exercising theomnipotent power which it claimed, was accus-tomed to pass bills of attainder; that is to say,it wouldconvict men of treason and other crimesby legislative enactment. The person accusedhad a hearing, sometimesa patient'andfair one;bur generally party prejudice prevailed, insteadof justice. It often became necessary for Par-liament to acknowledge its error and reverse itsown action. The fathers of our country deter-mined that no such thing should occur here.?They withheld the power from Congress, andthus forbade its exerciseby that body ; and theyprovided in the Constitution that no Stateshould pass any bill of attainder. It is, there-fore, impossible for any person in this countryto be constitutionally convicted or punished forany crime by a legislative preceding of any sort.iNevertheless, here b a bill of attainder againstnine millions of people at once. It is basedupon an accusation so vague as to be scarcelyinteliigible, and found to be true upon no cred-ible evidence. Not one of the nine millionswasheard in his own defence. The representativesof the doomed parties were excluded from allparticipation in the trial. The conviction is tobe followed by the most ignominious punish-ment ever inflicted on large masses ofmen. Itdisfranchises them by hundreds of thousands,and degrades them all?even those who are ad-mitted to be guiltless?from the rank of free-men to the condition ofs'aves.The purpose and object ofthe bill?tho gen-eral intent which pervades it from beginning toend?is to change the entire structure and character of the State Governments and to compelthem by force to the adoption of organic lawsand regulations which they are unwilling to ac-cept if left to themselves. The negroes havenot asked for the privilege of voting?the vastmajority of'thom have no idea what it means.This bill not only thrusts it into theirhands, butcompels them, as well as the whites, to us eitina particular way. Iftheydonot form a Con-stitution with prescribed articles in it, and af- Iterwards elect, a Legislature which will act. uponcertain measures in a prescribed way, neitherblack nor white can be relieved from the slaverywhich the bill imposes upon them. Withoutpau-ing here to consider the policy or impolicyof Africanizing the Southern part ofour terri-tory, I would simply ask the attention of Con-gressto that manifest, well-knownand universal-ly acknowledgedrule ofconstitutional law, whichdeclares that the Federal Government has nojurisdiction, authority, or power to regulate suchsubjects for any State. To force the right ofsuffrage out of the hands of the white peopleand into the hands of the negroesis an arbitraryviolation of this principle.

This bill imposes martial law at once, and itsoperationswill begin so soon as the General andhis troops can be put in place. The dread al-ternative between its harsh rule andcompliancewith the terms of this measure is not suspended,nor are the people affordedany time for free de-liberation. The bill says to thorn, take martialiaw first, then deliberate. And when they havedone all that this measure requires them to do,other conditions and contingencies, over whichfbey have no control, yet remain to be fulfilledbefore they can be relieved from martial law.Another Congress must first approve the Con--titutions made in conformity with the will ofthis Congress, and must declare these Statesentitled to representation in both Houses. Th-jwhole question thus remainsopen and unsettled,and must again occupy the attention of Con-gress, and in the meantime the agitation whichnow prevail* will continue to disturb allportionsofthe peo le.

The oiu alto denies the legalityofthe govern-ments of ten ofthe States which participated inthe ratification of theamendment to theFederalConstitution abolishing slavery forever withinIhe jurisdiction ofthe United States, and practically excludes them from the Union. If thisassumption ofthe bill be correct, their concur-rence cannot be considered a> having been legal-ly given, and the important fact is made to ap-pear that the consent of three-fourths of theStates?the requisite number?has not beenconstitutionallyobtained to the ratification ofthat amendment, thus leaving the question ofslavery where it stood before the amendmentwas officially declared to have become a part ofthe Constitution.

That the measure proposed by this bill doesviolate the Constitution in the particulars men-tioned, and iv many other ways which I forbearto cnumerato. is too clear to admit of the lea tdepot It only remain.- to con-ider whether theinjunctions ofthat instrument ought to r.e obeyed or not. I think they ought to be obeyed,for reasons which I will proceed to give as brieflyas possible.

In the first place, it is the only system offreegovernment which we can hope to have as anation. When it ceases to be the rule of ourconduct, we may perhaps take our choice be-tween complete anarchy, a consolidateddespot-i-m, and a total dissolution of the Union ; butnational liberty, regulated by law, will have pass-ed beyond our reach.

It is the best frame of government the worldever saw. No other is, or can beso well adapted to the genius, habits, or wants of the American people. Combining the strength of agreat empire with unspeakableblessings oflocalself-government?having a central power to de-

Number XXXVII.

j fend the general interests, and recognizing theauthority of the States as the guardians of in-dustrial rights, it is "the sheet-anchor of oursafety abroad and our peace at home." It wasordained "to form a more perfect union, estab-lish justice, insure domestic tranquillity, pro-mote the general welfare, provide»ibr the com-mon defense and secure the blessings of libertyto ourselves and to our posterity.'' These greatends have been attained heretofore, and wSI beagain, by faithful obedienceto it, but they arecertain to be lost if we treat with disregard itssacred obligations.

It was to punish the gross crime of defyingthe Constitution, and to vindicate its supremeauthority, that we carried on a bloody war offour years' duration. Shall we now acknowl-edge that we sacrificed a million of lives andexpended billionsof treasure to enforce a Con-stitution which is not worthy of respect andpreservation?

Those who advocated the right of secessionalleged in their own justification that we had noregard for law, and that their rights ofproperty,life, and liberty, would not be safe under theConstitution, as administeredby us. If we nowverify their assertion, we prove that they werein truth and in fact fighting for their liberty,and instead of branding their leaders with thedishonoring name of traitorsagainst a righteousand legal Government, we elevate them in his-tory to the rank ofself-sacrificing patriots, con-secrate them to the admirationofthe world,andplace them by the side of Washington, Hamp-den, and Sydney. No, let us leave them to theinfamy they deserve, punish them asthey shouldbe punished, according to law, and take uponourselves no share of the odium which theyshould bear alone.

It is a part of our public history, which cannever be forgotten, that both Houses of Con-gress, in July, 1861, declared in the form of asolemn resolution that the war was and shouldbe carried on for no purpose ofsubjugation, butsolely to enforce the Constitution and law ; andthat when this was yielded by the parties in re-bellion the contest should cease, with the con-stitutional rights ofthe States and ofindividualsunimpaired. This resolution was adopted andsent forth to the world unanimously by theSenate and with only two dissenting voices inthe House. It was accepted by the friends ofthe Union in the South, as well as in the North,as expressing honestly and truly the object ofthe war. On the faith of it, many thousandsof persons in both sections gave their lives andtheirfortunes to the cause. To repudiate it now,by refusing to the States and to the individualswithin them the rights which the Constitutionand laws of the Union would secure to them, isa breach of our plighted honor for which I canimagine no excuse, and to which I cannot vol-untarily become a party.

The evils which spring from the unsettledstate of our Government will be acknowledgedby all. Commercial intercourse is impeded,capita! is in constant peril, public securities fluc-tuate in value, peace itself is not secure, andthe sense ofmoraland political duty is impaired.To avert these calamities from our country, itis imperatively required that we should im-mediately decide upon some course of adminis-tration which can be steadfastly adhered to. Iam thoroughly convinced that any settlement,or compromise, or plan of action which is in-consistent with the principles of the Constitu-tion will not only beunavailing, but mischievous;that it will but multiply the present evils, in-stead of removing them. The Constitution, in?ts whole integrity and vigor, throughout thelength and breadth of the land, is the best ofall compromises. Besides, our duty does not,in my judgment, leave us a choice between thatand any other, i believe that it contains theremedy that is so much needed, and thatif the co-ordinate branches of the Governmentwould unite upon its provisions, they would befound broad enough and strong enough to sus-tain in time of peace the nation which they boresafely through the ordeal of a protracted civilwar.

Among the most sacred guaranties of thatinstrument are those which declare that "eachState shall have at least one Representative,"and that 'no State, without its consent, shallbe deprived of its equal suffrage in the Senate."Each House is made the "judge ofthe elections,return, and qualifications ofits own members,"and may, "with the concurrence of two-thirds,expel a member." Thus, as heretofore urged,"in the admission of Senators and Representa-tives from any aud all ot the States, there canbe no just ground of apprehension that personswho are disloyal will be clothedwith the powersof legislation; for this could not happen whenthe Constitution and the laws are enforced by avigilant and faithful Congress." " When a Sen-ator or Representative presents his certificateofelection, he may at once be admitted or re-jected; or should there be any question as tohis eligibility, his credentials may be referredfor investigation to the appropriate committee.If admitted to a seat, it must be upon evidencesatisfactory to the House of which he thus be-comes a member, that he possesses therequisiteconstitutional and legal qualifications. If refus-ed admission as a member for want of due al-legiance to the Government, and returned tohis constituents, they are admonishedthat nonebut persons loyal to the United States will beallowed a voice in the Legislative Councils ofthe nation, and the political power and moralinfluence of Congress are thus effectively exert-ed in the interests of loyalty to the Governmentand fidelity to the Union." And is it not farbetter that the work ofrestoration should be ac-complished by simple compliance with the plainrequirements of the Constitution than by a re-course to measures which in effect destroy theStates, and threaten the subversion of the Gen-eral Government? All that is necessary to set-tle thissimple, but important, question"withoutfurther agitation or delay, is a willingness onthe part of all to .sustain the Constitution andcarry its provisions into practical operation. Ifto-morrow either branch of Congress woulddeclare that, upon the presentation of theircredentials, members constitutionally electedand loyal to the General Government would beadmitted to seats in Congress, while all otherswould be excluded, and their places remain va-cantunfil the selection by the people of loyaland qualified persons; and if, at the same time,assurance was given that this policy would becontinued until all the States were representedin Congres-. it would send a thrill ofjoy through-out the entire land, as indicating the inaugura-tion of a system which must speedily bringtranquility to the public mind.While we are legislating upon subjects whichare of great importance to the whole people, andwhich must affect all parts of the country notonly during the life of the present generation,but for ages to come, we should remember thatall men are entitled at least to a hearing in thecouncils which decideupon the destinyof them-selves and their children. At present ten Statesare deniedrepresentation, and when theFortiethCongress assembles on the fourth day of thepresent month, sixteenStates will be without avoice in the Boose of Representatives. Thisgrave fact, with the important questions beforeus, should induce u> to pause in a course oflegislation which, looking solely to the at'ain-m nt ofpolitical ends, fails 10 consider therightsi,s trangrvo-cs, the law which it violates, or theinstitution which it imperils.

AN "REW JOHNSON.Washington, March 2. 1807.

One of thei;esults.If the present government of Virginia is not

absolute, but only provisional, its predecessors. ince the 17th of April, 1861, had lar less colorof authority. A very interesting result to Vir-ginians follows, of course, to wit: that the actpassed May 13th, 18f>3, entitled: An actgiving the consent of theLegislature of Virginiato the formation and erection of a new Statewithin the jurisdiction of this State," is void,and ofno force or effect. Iforder should everarise out of the "chaos come again,'" this ques-tion, mast in some form, be raised. ReverdyJohnson'sopinion about it would be a study.?Examiner.

Jitaunton