The Newberry herald. (Newberry, S.C.) 1865-1884, January 29, 1868, Image 1
All
THREE DOLLARS A YEAR,] FOR, THE DISSEIINATION OF USEFUlL INTELLIGNE. (IsRInunY IN AnVAYCE.
YOI 4y; WEDNESDAY MORNING, JANUARY 29, 1868. NO.5.
TfEIIE RA LD
'E' EINESAY MONING,
t Neubery. C. .,
aMad, iR AXMMtm; iN CunRFc
OR PROYIIONs.
It hivittftr dbit
Go -en, e .
eD epV 6'O.- Tenkin's to
Maggg.i which he declines using
lis iit4i Treasury to pay tbe
eg -fhConvention as di
lbe fotd highly .inter
eting. 'The letter fall- explaivs
e ole afair withou' the ne
giving 'ble entire
wreoderO:
"xetmI DEPA?MtENT,)
ILLZDGVIi4J, an. 10, 1868. j
.d. -eorg G. Mead,
United States Army, Command
edir .MilTary District:
: Your communict.tion
Ov s ..hi%stant,, iTielosing,.- for
Smaidwation, an .6rainance of
mov - sitlting in 'At
aevy and ollect a tax for
j4a expwises of the eon
,f nh io ot,er purposes;"
having an.indorsement thereon by
Major -ilbn Pope, .then
ooenpggi4g AXi. Third Distrie,
7and-ins W tructing J ohln
.e -T! Casurmr, ' to
" tbii-sing officer of the
to Pay its ex
penses, and the pay and mileage
cet ad officers, up t'
Tay af eeber,. 18t7.
t r,pVp . of Mr.,Jones to Gen
mero~~ipa 1voidable inte:rru~ptiens
have f entd ne from replvin_
in time'for t.. mail of to-da.
reiting tke substance o
th pApers, a ad d.
(AtP 'ru tantes I den
i e1tt-regnest yop to issiw
an executive warrant on the.State
Treasurer for the payment of the
amount, id for the p'urposes
s-s4d*in rdInce."
After careful conseration,nd
w@th-the clearest. convietion of
7,Lbiss,( General, respectfully.
ehieto cornplf with your re
(96im With-i tuf, apreciation of~
theyavgeous terms in which your
08g ha bepp preferred, I ask
your eeideration of the reasons
whiefve prompted the answer
bere given. Thef apply to three
Mtpdeofthe suibject under con-i
Bideration.
'"Ili aye . consider.ed it as
arsinagunder the Constitution of
gg'~gte of Georgia, -adop2ted in
*U04ad-the-Censtitution of -the
Wiaae4Sptes, both.-of wvhi.eb, up.
enig~ 'piduction. into olee, I took
a8p*eDn oath "to- the best of my
tlk'lfties to preserve, protect and de-!
fen_d.4 One-of the' provisions of!
14 former is. oxpressed in these
-wp"s Yo mioneyi shall be drawen
Jips the. .Trasugy of this State, ex
.e bappropriatione made by late."
imes an att'empt to draw from
'the tresury~ of this State a large
Agy ot money. Has an appropri
atieFof this money been made by
.flir PCertainly not, according to
Sykoption.- I venture thas
.&eiondhat any -learned, upright'
"jfrist *onld hold' that t be term
-Eli)r as used in this connection,
.igif'h]s a statute emanating from
iJhe few-making power established
by that constitution, and none
%etber. What else can it mean ? 1
iy."In this view" i. c. in
view of the neeessities of the con
ueuiion) "I regard this ordinance
san appropriation made by law!
4n tbe sense used by the constitu
Jiuo Georgia." From this con
elusion, general, I most enmphati
iea1y dissent. Whence does this
ordiaance emanate ? From a eon-']
'49ption assembled to make a con-:
atition for the State of Georgia
Which is intended to supersede
that in which the above prohibi-,
tion is contained-a convention
.o eembli eithir in tik mxar
ner pointed out by itseif, nor by
the spontaneous action of the con
stituency recognized by it. The
wontiuding clause of our constitu
tin of 1865 reads thus: "This
constitution shall be altered or amend
ed only by aconvention of the people,
called for that ptrpose by act of the
General Asseni>ly."
Bear in mind, general, that I
am now discussing your proposi
tion, that the present ordinance is
to be regarded -as an appropria
tion made by law" in the sense
-used by the Constitution of Geor
gia, which prescri.bes that no
money shall be drawn from the
treasury of this State, except by
appropriation made by law. As a
logician for th cpurpose of the argu
ment, you concede that I am bound
by the constitution, .and are seek
ig to convince me that this ordi
nance contes- within the crexeption
to the proibition. Now, look at
it in the light' of the conchiding
elaUSI have quoted, prescrih.ing
how,'w.d how Onay, it sh:l be al
te.red and amended. That clatis
is conservative of the constitution
itself. The ,convention which
passed this ordigance, and which
is aombled expressly to make a
contitutiou for Georgia, is not
called as provided ,in that last
clause, and is, therefore, put under
the ban of the ;onstitntion now
existing. Yet, you sAy an ordi
nance mae by it is, in the sense
)f that very constitution, a "lac,"
appropriating money. If I be
-iit in defining the term "'FAi,
L sd inte .poiige1atse,
I have only to add that the law
-'~ ~. rs es shiis ed. be the~.
o"s.tz:tution bas. made no such
appropriatiion. The convention
hich made t .is ol-d ti :1 mee is .:uied
into being by cverain acts (f the
Congress of the United Stae-, is
11ne oi,the ausotitCnrs
yourself beihl anoiher) for the
)I-pose of carry ng into effect a
ertain purpose. You- construe
those acts.as giving authority to
the convention to appropriate
money ont of the treasury of G
ja. Do you hold, general. that
the Congress of the United States
uould directly, by its ow.;n simrple
act, appropriate money from the
treasury of Georgia. If you do.
you will co'nfer a great faivor by
designatin g the article, sec-tioni
nd clause of the~ Constitution of
the United States (whence only its
powers come) d,onferrin g that
power. If you (10 not so hold
and i sea rcely thi~nk you do). will
you insist that the Congress can
?onfer upon its age'nts larger pow
rs than arc possessed by itself?
hould you say that you are not
permitted to consider those Recon
truction acts without reference
to their constitut.ionality or their
justice, or- Their expediency-tha t
goa came here to execute them,
indrmust do so? Pardon mefo
replying thait you and I look at
themn from a different stand-point.
[ have saidl that I have sworn to
uport the constitution of Geor
ia and of the United States, and I
Sve a serene consciousness that
n declining to obey the behest of
hei convention, and to comp~ly
vith your courteous request, I but
~ay a doubtful homage to both
Secondly, I have e.onsidered the
ubject with reference to the Re
~onstruction acts themselves. I
an find nothing whi:h in the re
notest degree authorizes the con
~truction that they intended to
addle the treasury of Georgia
vith the cost of their novel enter
rise. It is very clear that they
ntended that cost, up to the as
ebling of the convention,'to
~ome out of the Fed"ral treasury.
hey have with equal distinction,
rovided, that the convention
hail provide for their own comp)en.
ation and other expenses, by levy
ng a tax upon the peop)le for that
xpress purpose. But you may
le-tion of the tax-there is no
body else that can and will ad
vance to them. and therefore you
must. But the CongreSs have not
so Said. It is a very old and a
very sate rule of construction "cx
prcssio unius exclusio est citerius."
The Congress haviog expressly
specified how the expense of the
whole scheme, from beginning to
end, shall be provided for, it can
not fiirly be argued that they in
tended any, other pw)vision. No
thing but a most latitudinary con
Struction e. ulId jstify the infer
ence that this legislation inposes a
burden upon the State Treasury.
Think you, general, it w1uld be
coic the governor of .one of thec
States, required by law, to disburse
certain sums for designated ob
jects and scantily supplied with
means for the purpose, to adopt
SUCh a rule oa,t ,d in
a fit of generosity, at the expense
ofjustice and of duty, to volunteer
so lar(rc a cont-ribution to a cause
with whieb he had no oficial coll
nection ? Will you (o me the fit
vor, general, in imagination, to
place yourself in the position) of
one of these unfortunates and :sk
yourself the question, would.I do
so? It may be that the Congres
has not adquately provided for
this convention, which it brouilt
into being, but that is a question
between the parent and the child.
Even if it be so, I incline to
think that no blame aftaces to
you, or to me. In connection with
this point, I will say furt!er, I
cannot perceive i ti
piled RZec o,Nst Iuction act. that 1
C'gress. ..hs im-psed upon ,TTF
any !V acLi~e ' w' .a ever. Tey
have gIaeil consented to lI::ve
meumKI ure inthpe rm
Wnee of tho hic fun, cn
trustod to me y, the Constitution
and laws of t he State, upon the
conidition that I do not --iler. de
ay, rrt. or tru t t:e due and
properr adinistration of tho
acts." But you perceive this in
po)ss only a nepCj:tie 4uty.- il
lieve me, general. in my fil,ini
position, coimpliancCe with your re
quest wVould involve a tremendous
activity, nay, even the abandon
mnent of previously. imposed posi
tice dluty. This brings ime :o say:
Thirdly, That I have consideredl
this refeence to the resources and
t he existing liabilities of the Tr'eas
ury of Georgia. Into .these (al
though tolerably famniliar w itlh
them before) I have carefully
looked sice I had the pleasure of
seeing you, and I now state dis
tinctly mIy fiI'm con11victioni that ii
I assume and meet the expenses
of this eon vention I shall be uin
able to pay the civil list, the prin
eipal of th e public debt near ma
turity, the injterest on the remain
der and other neceessary charges.
If your thoughts revert to thec
poposedl reimfbulrsement, I have
only~ to say it will comec too late.
IIOp)ing thait theCse reasons1i for
m~y course wvill be as satisfhetory
to yo;u as they are concluivel\ wit h
me, I have the honor to be, very
respectfully, your obedient ser
ran t, CHIA S.J. JENKINS,
Governor of Georgia.
IIEADQUARtTIERs THIRD MlILITARY
DIsTRICT, GEORGIA, A LABA MA A ND
FLORIDA. ATLANTA, GA., .Jan. I..,
1868.-CHIARLF,s .I. JENKINS, Miil
ledgville, Ga.-S;r: I have re
eived with profound regret your
-ommunication of the 10th inst.
n which you decline to accede to
bhe request made in mine of the
ith instant. As I cannot but con
sider your action as a filiure to
-o-operate with me in executing~
te laws known as the Reconistrue
tion laws of Ccngr'ess, andi as I am
'urther advised you have declined
o pay the salary of 31. S. Bigby,.
solicitor General of the Ta~lapi.osa
Dircuit, on the ground that said
>fficer having been appointed by
:he Military Commander of the
Ihird Military Distriet, you enn
ietau t Iv to vie y m:r actio
as Obstrictions to th0e ex'elu
tionl of the Reconsr.ction havs,
o*l ha-e no alternative but to re
move yon from your ofi.-e, as you
will see I have done by the en;
closed order. I (10 not deem my
Self called upon to answer the f rl -
gm1ents of your let ter. Te ii
is very plainl betw Iee u. I nmist
acquire the acknowledgmnwits of
the vaiidiiv of the iecot ricti n
laws, and you p:ain- de-ny them
as having anyi b;lin1g force on.
your attions. Doth of uts are ae
ting from a eonscie,ntions csense
of duty. but the issue i5 ,f) phin
andI direct- thait-all hope of -!armo
nious Co-operation must be aban
donecd..
With feelinges of lig- person al
respect. and with inere re*(; et
f"r the course I feel mysl com
pelled to take, I e1aia; most
respectfi!ly, your obedient s(r
vant. GEORIG E G. M PAD'E,
Major-General ComManldir.
Congrcsslonal.
WASHINGTON. J.uar 22.-In
the House, the deffeiency bill was
resumed. Maynarl. of TW see.
proposel that the matter of,-sta
stionery bc left to the .honor ol
t11MmbeIs. Stevens ohje~ted': thatI
was the old rnl, indbf which
members made staltionry cover
panltaloons and.- skirts. sspo
pa' e 1
p)osed anu aendmenT1!3t, sUspenin!g
paymeLt of member s, ieN. trav
lin;I in Eturono. Th, Uil tI,l
passed. .Resolutj( 'io roTm Lissih
sippii praying the' ~'rmonl-of po
nato(1alI. oi. h:i
Comm,Itt e w i d Itek,d to i
as to the expediency ci A.O1O
I ne0 lian k otg priv\ege. .in m
mit-ee on Educaion Am har
was dircte,i to ~inqireI a.s to Cb
exoec of proti ang. a g: neral
syste mi oft ed ucatio :'ur;r Iebel~'itm
landts gran ted rex Statues ifor
r'ailro a puro' s was es ume.
Duing the discus!inn, Chamiler
('ailed J ulian a co)ward. Thec
s .eakzer r'uled. the woerds un:ula
'ertainly not, if neO is one.
Julian r'etor'ted, that Cha'''l''r
'oulil. test his1 'owVaddce at anyx
wellsirI'lltak anearly oppor
tuniiiityV." Th ill d went1 over. .
In the Senate, the reessti-ae
tioni 1ill was 'rad oVer. DEolittle
objected to the scpotd re.aing
and1( it wvent over under rules. Thle
Contf'erence Co'm m:ttee'k report (In
trio antij-'ont raction bill was; ad:
Th:e'amnintimte1t to thLe ec>t t.n ax
free. wvas re-ani;ie i br ihe &n- i
te-2~> to 18. The C'omi tee
will probbllly agree to) dlisaree
and the hill will faiI. The Mir'
and' Unlion Leaguec pet1itionls for
the extent ionl of t he RconstIrue
ion Acts over 31aryland. The
Senate admournen~~ , ii i:onor' ns-r
LooxO(c'cFR oUvocSrnrs!-In
'omers are on the war'-pat h. Ye
>wPers of 'anned fish. flesh and -
bwl. look out to you tini. fThe
I amp wn r.- sues. Xe dealers m
Lot uis rememhlber' that glass is a
realeerous alli vwith glu'tet.
\ny sneak may walk int' o y;'u
acks in some prepiaration wh~os
~moothI sur'thee (;ll'ers a tempta:
ion to his eupidlity aind meanneOss.
id wvhile your* back is turne'd, rub
hie revenue stamp from it wvih
lis thum>, theni go to th le Untited
states Court andl wear you are a
windler of thegencral goverment.
t. pays them, and perhaps3 will
orul o.(.h fin i :fy dollars
L"Ad to b,0 Glven Away.
F iUrnaind:na ( ofl>r 'f the
9th1 inlstla'ut. cou11tains thc two fo!
Iowvill. items:
Somne or ilv vk.rv ne1SL ial)( ill
Florida, lying along the railroad,
betw.eei) Fernandina and Cedar
Kevs. is be:in- sQcted; for twvn
sitsc- and ni.! off in l ts ';tw et
to eighty , tco e give f
to 1, vn1 'le s . r "i acs :f Aus
a:-e eene 0i;!!v Suited to g rinn
and fri-t. rowiln::-, and" inl t hi.,; a
pvrb climate, vitl the advanta-e
oi rapid conun in ttion~ bv rvil
am. .Steamns.;p- wa rk,
anxd the-h)enefits of thiiclyl settled
m for the oenpass. b u
m:>C prfitie ones. ThereiCk is
n ai bter locatio iI the w khole
e.Ar ~ v''tam>'. zihan ari'm:.1 xer
At this ti-n ('Januarv S) al 8ind
s are, h!som :n.d Lit for 'the
table. Tomat o -vin: yet nIen
il their secnd cr". Th! r
is green along. our walks; the
swcet miiging birds fill the air
vith ti"Cir Iu-Io'd v tie at1i:o
nh i . ahn aS in ~ ver:nd ::v
and pure as only here is kno':u.
The lo)g ini'ged ai'is of til, "sil
n11:ro'us banana trees are' w\avinl
sloly n he este reee,and
montii l y all tG;!-ht of c.re.
Nothingean Lit mom-lgtu
A Sg n (xoi toe in-x
man. n mrarirca oi
Vs:.e Cal u iy n a e :d a l
m ii O i : i I' l our II I I Io .
w)c lan o r t iil t)r IIt 'r Q,
ew Cr. i v wt i V in nn ( Int w ii
.st sno:81 naures the L
I ?.
ofmoertelit(' means, shlC .ad secre
ome of1 the-e tract as aho -ld
:nlt .Ssist 1' Cee Px'hne one ot .the.
ai it r ilo , i -a . w o
lain td igud. Edvap; di-t;
lei(j)mie aL!rlt ente lots of t.'.nly,
toiy' at; eihty3 alcres. to immli
I 3" n . a nIIO.CJ1Ie 3 I1 n ie Iga ulnee
CIVn, anU, ia cairri oult sncess5
Muly , will be of great beneilt to
be 'at by0l Iitrol (lin; a tur:y
a we ia< whl materal to thei1
anpoue n ih eleeto
:hese0 lnds.i !andfl het iform 13s
vill be ablie to put atC once theL dec
A Most Str-ango Chapter. t
A (orresponden.t wrl:es to thie C
La ('o.w' .Dc'ocraf, from Vater
oo, Iowa. :asking if we know of'
meC i,. x r Burnhami, ant of his
We (do. An aii~ s it is ai stirge,
ru'i: (1ne, knowni to l;Iunded, weQ
+eit in theC D)anerafU als it 1#s,
h;oe who spe'ak of him have.
h! len mnto. trght years si-e
.it :r of a 2.ilwaukLie pape:. there
ired in this State an edit or named
owell. nov connected witn '
hiicagof naper. we think. IIe is.
miess he has quit. it lately.
In 1802, Powi!! wvas marie~d to
1 .fiss E!i -n Blirnham. Of !b'd
ead, Wi. after a courtsh3ip ox
on nis 'QLis BarnhamS
wa * very att.:t-iVe. 1wAl lived
with he:,* hn.thand two ears.
she ing0: aA l that tine a .good
Wife Inll re e 'am! p1.esenIt
1 h*'i. wi 'i on-e eh*!;i-. Akt theo
abu t ,--;e years of a;,
y ch(an;:e her six, deveomini In
LO a 1411a in all resnects. as if l".
ture. anxiou . for a freak. had
turn111d a por.tonof her f wron
sIo out.
Thie ii-1 .i lc d . f1 (epara
te I:n the i c h -enm" a mt..,
and r.. Eeni Poweldl to_k the
n;I n E J*. !:1 Bni rn . d, i ed
int8-ymen~it aLs a e2ars1 in nego
a," I lived a singk.e yon mni Imfor;
f','
i):ir tlnj., ti.~li fle-ie ini love
with a nikee of Senator 0 .uorai.
of -Nuw York. but did not marry
her, f,I (asons not per]tin3enlt to
tis article. 1it about the end
of the year he did iarry a young
lady of Bh) ad, Wisco*isiIT. a
Miiss Gri:a E'.entt. who was a
iusic p"upi ofl
years previons to t m - .i.ge.
Ths seoi mArraewa bu
m.,arr e, E .r a a. I- nd
wife re:novedl to Watertoo, Iowa,
where they niow1 reie, or (A riot
Ionig sIinee.
Tih former firi is iow a m.,
h Aor:n r m Lo.tir Is nowx a f1tathe,
La Voun1" in.- is u') that yonV
1.1 1 nu oU'. dPI'l h :', inu gll
tthrangr than fit ion, an ! the
above . iple statm!e n% t f 1hets
we could Ilot l.)CIcVC it. did we not
psonly kniiow nearly all the
y ne convinecd, y
wnmiI 1 to ul pa'ri".4 in elLiher or
Ie n we W*e nenJ, of the
M! am e:tv trj** luth of~ this mio:t
xieb Sa-t- appear o: xi the te
oft ~tie..r i hrm t::h;' tar
arub- A eln e: :
roil: a:n 'to ma o hr new.'sna-ii4
w r nwn. a n,! m:i m i:!P en:n o f
4 ....-..
IhrA .r Un.-i:tehes
er lstra' nus. onarisof in g e
Sa n rofv!. t':-ij ed charcter
re h i! . i 1iwe t :0I r:I2i.;: 01.
iaC ration ithe embng thmth
h'ei Stes:-as o thei . !ie in !r
- I
hen, of:' disa hos. findfr thei
mci.: oub talth:eh voir! s tae
,. ,in i o 1 -~**t L t tI~
noT a:-wing bepimon,l n;e8 e tI:.a
hillthe '-ame oll' !)ih::iI iIIe .plnts
oer conr.hr i s wthi thP011:Ci ie
! - 0et tae asbo ha ll
History of tho Yelverton
Case.
We undersand that we -ar& to
hve the pleasure of hearing Mrs.
Yeh-e'rton read,fl and as a grdat
al of interest htr: ben excited
in her Case, both i-n En-glRd and
America. -w give a short ecortnt
o:' t.h ceiebrated trial in whixfh
s ,e boe a part so palifully prom
- L. Y I evrt on ha one th rougn
trial' t it would have broken
dIon most women. Deserote d by
her uillsba:nd, she found her mar
1ae di-puted. and her honor
uaIignicd. Sie was an. orpban,
the m1embers of her. family seat
r d in -ist ant lands, she having
beenl broutight up by a Ftech
aint, the Conitess do 1 oissey.
Th shl -was l--ft alouc to contest
her vrse through all the in,tric'
c wl ith clirzeterize the British
aiat''W e lawX. She le~' carried on
the c as- f>r scven years. sac-ifi -f
cing the best part of her life an4
her for'tine, a4 has. used her
great talnts to secure to lierselfv
1na1MI- fre-c foin all accusations df
(i.hI)DOn. By Ier pertinacity, she
ha; awakened the English mind
to theQ iijust'cc of their marriare
htvs. 4nd a reorm is now in pro
g S-he o!tained in Ireland a
recogItion o her marital rights,
f -ro a full coart of eight Englisk
Jidges. Not satisfied .with this,
and althouTh marricd in a church
in la,nd, her busband endeav
oi-ed, by s->m3 old. unrepe.a!cd
Scot hulnw. to ob'tain his objecct,
l denving that she was his.%wife,
,U! endeavrdC(l to- effect her it
ri ' his q-tiorr;atiid
ting 10 Silence,"is almost obsoleter
a:nd imposes a fine of' ?1000 ster
ling as solatium to the husbande
and a penaity of ?50 for every
timc the lady shla assert her
mria':2e or cal! -herself by her
husband's name. The' Scoth
Ci-t decided in her favor and
prociaitld hr to be the lawfil
wil' of the Hon. Major Yelvetor.,
From tis decision be appealed to
the-House of Lords, who, by a
m:tjorit y of one, r'everl5ed the de
('ISion! of t he Scotch court, buLt left
the Irish untouched. Mr's. Ye!;
':e:tog next g~p!id .ta haveMao ,
Y'eton' pt- Upon. his oath,.
wheni it would have been iunpssi
ble fhr himt to 'denly his Scoteb
marr. 'iiage. On thIiis quelstioni Mr1s;
Ilouse of Pe-ers, -in Westminster
Hafl. and delivere.d the first -plea
ever' m!adei b:efore that august body
ba holy. She spoka for fouf
dayvs, iut .the Hiouse of' Lords, on
ac(counft of Niajor' Yelverton being
an heir tot the Peerage, the son of
;i-coxunt Avan~more, anxd bceante'
'aor Yevrn1adsnemr
:-r v wich hCl e wotli be com~
3y!!'d to anxswer to t-he cbarge of
Hamy Er this deci-ion. the
1House~ of LordsJ admixtted the er
r1):- of their' p'rviions judgment
am!i refusel tor make it right.
ThuIIied( oneC of the mo t fa
mnoux cases undeIr t he Brtitish di
vorce~ law, and by it IM's. YlIver
)i u.I w a~ iedhr righlits by the
hih :2iA power in Britain. She
ha< the r'e-peet and sympathy of
The Na tive Virginiian -a vs: "We hap
r4en t' kn.ix that tfivempltts are (on
roi'~ by~ u bicht thle whIole power of the~
Grmanit Pr'..s ini the A tlanti" States wil
ILe~ 4roughit to bear ini favor of' jimanra
inn3 to' lhe SoutheInC States and Virginaia
i, of Orw lt cali''o in a1 year---etnongh
:" give thin:e bareadthis of' a s'kirt for old
'nthlei~ Earith.
The1 Ninii stree S 'ar atnnonu nees its sus~.
'n'sk. ve r'egret thel dlisapnearance)
f th.: Star.
Th'e white F:awn follo.vs the Blac'k
ro h;t , lhIn .
-4 O
F:rartw. nearly smiothered with
(ies by the ladlies of'Stockhiolm. Hap
y' F.
Tvic"nn of Jpan 1 bs abtdia .4ted i, i