Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, June 27, 1867, Image 1
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LEW1fJS;,^^T,l ~ |itbc^ni)tnt jfemfy jch^cr: jfor tfrc ^lolia^rf^e fclittcal, Sqd^^gacdiural anb CttrniMfliTlnltrests Ttlt Jcrc% ' ^ "f cu^nc^^A^SP1*5
YOL. 13. ^ YORKYILLE, S. C., THURSDAY, JTJJSTE 1867. J^O. 9.
| ?U(0ttSitMfti0H. !
f THE MILITARY ACTS." '
t
SUPPLEMENTARY OPINION OF THE ATTOENEYGENERAL.
t
LIMITATIONS OF POWERS OF DISTRICT !
COMM ANDERS. c
\
THEY CANNOT SET ASIDE EXISTING GOVERNMENTS.
,
THEY CANNOT INTERFERE WITH ANY f
BUT CRIMINAL COURTS. 1
THEY CANNOT APPOINT OR REMOVE J
STATE OFFICERS.
VACANCIES MUST BE FILLED BY ELEC- \
TIONS. t
, t
FUNCTIONS OF THE MILITARY POWER. J
NO NEW OR EX POST FACTO LAWS CAN t
BE MADE. a
? a
THE DISFRANCHISED CLASSES, C
Ac., Ac., Ac. c
i
Attorney General's Office, } S
June 12, 1867. J j
The President: -
Sir :?On the 24th ultimo, I had the honor to ?
k transmit for your consideration my opinion upon
* some of the questions arising under the Reoonstruction
acts therein referred to. I now proceed _
to give my opinion on the remaining questions, up- J
n>> nkLA Milifor? nnmirifinrlm miiiirs instnifi
tions. J
First, as to the powers and duties of these commanders.
The original act recites in its preamble that "no a
legal State governments or adequate protection for 2
lite or property exist" in those ten States, and that 11
"it is necessary that peace and good order should
be enforced" in those States "until loyal and Republican
State Governments can be legally estab- jj
The first and second sections divide these States J;
into five Military Districts, subject to the military
authority of the United States as thereinafter pre- f
scribed, and make it the duty of the President to r
assign from the officers of the army, a general offi- ?
cer to the command of each district, ana to furnish
him with a military force to perform his duties and ?
eniorce his authority within his district J'
The third section declares "That it shall be the
duty of each officer assigned as aforesaid to protect r
all persons in their rights of person and property, c
to suppress insurrection, disorder, and violence, 81
and to punish or cause to be punished, all disturb- &
ers of the public peace and criminals, and to this 0
end, he may allow local civil tribunals to take iu- ?
risdiction of and try offenders, or, when in his 1(
judgment it may be necessary for the trial of offen- &
dere, he shall have power to organize military com- s
^ missions or tribunals for that purpose ; and all in'
terference under color of State authority with the 0
exercise of military authority under this act shall s
i 11 1 )J T1
De nun ana voia.
The fourth section provides "That all persons &
put under military arrest by virtue of this act shall ?
De tried without unnecessary delay, and no cruel or b
unusual punishment shall be inflicted; and no sen- 11
tence of any military commission or tribunal here- P
by authorized, affecting the life or liberty of any ?
person, shall be executed until it is approved by 11
the officer in command of the district, and the laws a.
and regulations for the government of the army
shall not be effected by this act, except in so far as ?
they conflict with its provisions: Provided, That h
no sentence of death under the provisions of this b
act shall be carried into effect without the ap- &
proval of the President"
The fifth section declares the qualification of vo- ^
ters in all elections, as well as to frame the new con- n
stitution of each State as in the elections to be held ^
under the provisional government until the new b
State Constitution is ratified by Congress, and also d
fixes the qualifications of the delegates to frame e:
the new constitution. n
The sixth section provides "That until the peo- b
pie of the rebel States shall be by law admitted to d
representation in the Congress of the United States, a
any civil governments which mav exist therein ^
shall be deemed provisional only, and in all respects
subject to the paramount authority of the United ti
States at any time to abolish,' modify, control or a:
l supersede the same; and in all elections to any of- t(
k fice under such provisional governments, all per- li
^ sons shall be entitled to vote, and none others, who p
are entitled to vote under the provisions of the s<
fifth section of this act; and no person shall be b
eligible to any office under any such provisional
governments who would be disqualified from hold- p
mg office under the provisions of the third article le
of said constitutional amendment." 01
The duties devolved upon the Commanding Gen- it
eral by the suppplementary act relate altogether cl
to the registration of voters and the elections to be tc
held under the provisions of that act And as to a
these duties they are plainly enough expressed in ri
the act, and it is not understood that any question
not heretofore considered in the opinion referred fc
to, has arisen or is likely to arise in respect to ji
them. My attention, therefore, is directed to the ci
powere and duties 01 the Military Commanders it
under the original act. a
We see clearly enough that this act contemplates J.
two distinct governments in each of these ten fi
States, the one military, the other civil. The civil
government is recognized as existing at the date c
of the act The military government is created by ^
I the act. Both are provisional, and both are to con- c'
tinue until the new State Constitution is framed w
and the State is admitted to representation in Congress.
When that event takes place, both these a
r>rn visional covernments are to cease. In contem- n
[ ' plation of tfis act, this military authority and this n
^ civil authority arc to be carried on together. The S
people in these States are made subject to both,
PP and must obey both, in their respective jurisdic- n
W tions. o
W There is, then, an imperative necessity to define tl
f as clearly as possible the fine which separates the ii
I two jurisdictions, and the exact scope of the au- ti
[ thority of each. o
r Now as to the civil authority, recognized by the e
! act as the provisional civil government, it covered n
every department of civil jurisdiction in each of e
these States. It had all the characteristics and e
powers of a State government, legislative, judicial, C
and executive, and was in the full and lawful exer- d
cise of all these powers, except only that it was not
entitled to representation as a State of the Union, s
This existing government is not set aside ; it is re- a
cognized more than once by the act. It is not in I
any one of its departments, or as to any one of its d
functions, repealed or modified by this act, save b
only in the qualifications of voters, the qualifies- tl
tions of persons eligible to office, the manner of ti
holding elections, and the mode of framing the a
constitution of the State. The act does not in any w
other respect change the provisional government, d
nor does the act authorize the military authority to
change it. The power of further changing it is re- o
j served, not granted, and it is reserved to Congress, a
? not delegated to the Military Commander. _ fi
Congress was not satisfied with the organic law, b
w 1 r.r constitution, under which this civil eovernment 0
J# was established. That constitution was to be fc
W changed in only one particular to make it acceptr
able to Congress, and that was in the matter of the a
elective franchise. The purpose, the sole object of o
I this act is to effect that change, and to effect it by tl
the agency of the people of the State, or such of tl
them as are made voters, by means of elections el
provided for io the act, and in the meantime to si
preserve order and to punish offenders, if found ne- a
cessary, by military commissions. h
We are, therefore, not at a loss to know what e:
powers were possessed by the existing civil author- ii
ity. The only question is upon the powers con- a
I ferred on the military authority. Whatever power h
is not given to the military, remains with the civil e
j government. 1
We see, first of all, that each of these States is a
"made subject to the military authority of the Uni- tl
ted States' ?not to the military authority altogether,
but with this express limitation, "as hereinafter a
prescribed." # c
We must, then, examine what is thereinafter n
I provided, to find the extent and nature of the power t
i granted. _ y
I This, then, is what is granted to the Military ti
I Commander: the power or duty "to protect all t
I persons in their rignts of person and property, to p
m suppress insurrection, disorder and violence, and s
to punish, or cause to be punished, all disturbers a
if the public peace and criminals," and he may do
his by the agency of the Criminal Courts of the
state, or, if necessary, he may have resort to miliarv
tribunals. ,
This comprises all the powers given to the Miliar
Commander.
Here is a general clause making it the duty of
he Military Commander to give protection to all
jersons in their rights of person and property.?
Considered by itself, and without reference to the
sontext and to other provisions of the act, it is lia)le,
from its generality, to be misunderstood.
What sort of protection is here meant ? What
riolations of the rights of persoos, or of property,
ire here intended: In what manner is this proection
to be given ? These questions arise at once.
It appears that some oftheMilitary Commanders
lave understood this grant of power as all-comprelensive,
conferring on them the power to remove
he executive and judicial officers of the State, and
o appoint other officers in their places, to suspend
he legslative power of the State, to take under
heir control, by officers appointed by themselves,
he collection and disbursement of the revenues of
he State, to prohibit the execution of the laws of
he State by the agency of its appointed officers
md agents, to change the existing laws in matters
iffecting purely civil and private nghts, to suspend
?r enjoin the execution ot the judgments anu deTees
of the established State courts, to interfere
n the ordinary administration of justice in the
State courts, by prescribing new qualifications for
urors, and to change, upon the ground of expedi
ncy, the existing relations of the parties to con
racts, giving protection to one party by violating
he rignts of" the other party.
I feel confident that these military officers, in all
hey have done, have supposed that they had full
rarrant for their action. Their education and
raining have not been of the kind to fit them for
he delicate and difficult task of giving construction
o such a statute as that now under consideration.
?hey require instruction, and nearly all of them have j
sked for instruction, to solve their own doubts,
nd to furnish to them a safe ground for the perbrmance
of their duties.
There can be no doubt as to the rule of construcion
according to which we must interpret this
yaiit of power. It is a grant of power to military
uthority, over civil rights and citizens in time of
eace. It is a new jurisdiction, never granted be
ore, by which, in certain particulars ana for certain
urposes. the established principle that the militay
snail be subordinate to the civil authority, is
eversed. The rule of construction to be applied
o such a grant of power is thus stated in Dwarris
n Statutes, page 652: "A statute creating a new
urisdiction ought to be construed strictly.
Guided by this rule, and in the light of other
ules of construction familiar to every lawyer espeially
of those which teach us that, in giving contruction
to single clauses, we must look to the conext
and the whole law, that general clauses are to
ontrolled by particular clausesj and that such contruction
is to he put on a special clause as to make
: harmonize with the other parts of the statute,
o as to avoid repugnancy. I proceed to the contruction
of this part of the act
To consider, then, in the first place, the terms
I* J-1. ~ Tl. i/v aII wAt.
l me gram. jll is ui a puww iv piuic^c an uci0D8
in their rights of person and property. It is
ot a power to create new rights, but only to proact
those which exist and are established by the
iws under which these people live. It is a power
a preserve, not to abrogate; to sustain the exist3g
frame of social order and civil rule, and not a
ower to introduce military rule in its place. In
fleet, it is a police power, and the protection, here
itended, is protection of persons and property
gainst violence, unlawful force and criminal infracion.
It is given to meet the contingency recited
i the preamble, of a want of "adequate protection
)r life and propertyand the necessity also redid,
"that peace and good order should be enfor>d."
9
This construction is made more apparent when
e look at the immediate context, and see in what
lode, and bv what agency, this protection is to be
icured. This duty, or power? of protection is to
e performed by the suppression of insurrection,
isorder and violence, and by the punishment,
ither by the agency of the State Courts, or by
lilitary commissioners, when necessary, of all disirbers
of the public peace and criminals; and it is
eclared that all interference, under color of State
uthoritv, with the exercise of this military author/
shall be null and void.
The next succeeding dause provides for a speedy
ial of the offender, forbids the infliction of cruel
nd unusual punishment, and requires that scumces
of these military courts, which involve the
fe and liberty of the accused, shall haye the aproval
of the Commanding General, and, as to the
ifitence of death, the approval of the President,
efore execution.
All these special provisions have reference to the
reservation of order, and protection against vio;nce
and crime. They touch no other department
r function of the civil administration, save only
s criminal jurisdiction, and even as to that the
car meaning of this act is, that it is not to be inhered
with by the military authority, unless when
necessity for such interference may happen to ase.
I see no authority, nor any shadow of authority,
>r interference with any other courts or any other
irLsdiction, than criminal courts in the exercise of
riminal jurisdiction. The existing civil authority
i all its other departments, legislative, executive,
nd judicial, is left untouched. There is no proision,
even under the plea of necessity, to estabsh,
by military .authority, courts or tribunals for
lie trial of civil cases, or for the protection of such
ivil rights of person or property as come within
lift cognizance of civil courts as contra distineuish
d from criminal courts. In point of fact there
as no foundation for such a gTant of power, for
lie Civil Rights act. and the Ireedman's Bureau
ct, neither of whicli is superseded by this act.
lade ample provision for the protection of all
lerely civil rights where the laws or courts of these
tates might fail to give full, impartial protection.
I find no authority anywhere in this act for the
jmoval by the Military Commander, of the proper
fficers of a State, either executive or judicial, or
be appointment of persons to their places. Nothig
short of an express grant of power, would justly
the removal or the appointment of such an
fficcr. There is no sucn grant expressed or
ven implied.. On the contrary the act clearly eough
forbids it The regular State officials^ duly
lected and qualified, are entitled to hold their offies.
They, too, have rights which the Military
lommander is bound to protect, not authorized to
estroy.
We find in the concluding clause of the sixth
ection of the act that these officials are recognized
nd express provision is made to perpetuate them,
t is enacted that "in all elections to any office uner
such provisional governments, all persons shall
e entitled to vote, and none others, who are ended
to vote under the provisions of the fifth secion
of this act; and no person shall be eligible to
ny office under such provisional governments,
ho would be disqualified from holdmg office uner
the provisions of this act."
This provision not only recognizes all the officers
f the provisional governments, but, in case of vaincies,
very clearly points out how they are to be
llnrl nn<1 flmf linnnnns to be in the usual wav. I
j* the people, and not by any other agency or any
ther power, either State or Federal, civil or milifind
it impossible under the provisions of this
ct to comprehend such an official as a Governor
f one of these States appointed to office by one of
hese Military Commanders. Certainly he is not
tie Governor recognized by the laws of the State,
lected bv the people of the State, and clothed as
ach with the chief executive power. Nor is he
ppointed as a Military Governor for a State which
as no lawful Governor, under the pressure of an
xi sting necessity to exercise powers at large. The
itention, no doubt, was to appoint him to fill a vaancy
occasioned by a military order, and to put
im in the place of the removed Governor, to excute
the functions of the office as provided by law.
'he law takes no cognizance of such an official,
nd he is clothed with no authority or color of auhority.
What is true as to the Governor is equally true
s to all the other legislative, executive, and judiial
officers of the State. If the Military Cornlander
can oust one from his office, he can oust
hem all. If he can fill one vacancy he can fid all
acanries, and thus usurp all civil jurisdiction into
lis own hands, or the hands of those who hold
heir appointments from him and subject to his
ower of removal, and thus frustrate the very right
ecured to the people by this act. Certainly this
ct is rigorous enough in the power which it gives.1
I With ail its severity, the right of electing their own
j officers is still left with the people, and it must be
j preserved. #
I must not be understood as fixing limits to the
power of the Military Commander in case of an
actual insurrection or riot. It may happen that an
insurrection in one of these States may be so general
and formidable as to require the temporary suspension
of all civil government, and the establishment
of martial law in its place. And the same
thing may be true as to local disorder or riot in
reference to the civil government of the city or
place where it breaks out Whatever power is necessary
to meet such emergencies, the Military
Commander may properly exercise. I confine myself
to the proper authority of the Military Commander
where peace and order prevail. .When
peace and order do prevail, it is not allowable to
displace the civil officers and appoint others in their
places under any idea that the Military Commander
can better perform his duties and carry out the
general purposes of the act by the agency of civil
officers of his own choice rather than by the lawful
incumbents. The act gives him no right to resort
to such agencyt but does give him the right to have
"a sufficient military force" to enable him "to perform
his duties and enforce his authority within
the district to which he is assigned.''
In the suppression of insurrection and riot, the
Military Commander is wholly independent of the
civil authority. So, too, in the trial and punishment
of criminals and offenders, he may supersede
- -*i !?? TT! i : j
me civu junsuicuun. xaia power is w ue exeruiseu
in these special emergencies, and the means are
put into his hands by which it is to be exercised,
that is to say, "a sufficient military force to enable
such officer to perform his duties and enforce his
authority," ana military tribunals of his own appointment
to try and punish offenders. These are
strictly military powers, to be executed by military
authority, not by the civil authority or by civil officers
appointed by him to perform ordinaiy civil
duties.
If these emergencies do _ not happen, if civil order
is preserved, and criminals are duly prosecuted
by the regular criminal courts, the military power,
though present, must remain passive. Its proper
function is to preserve the peace, to act promptly
when the peace is broken, and restore order. When
that is done and the civil authority may again safely
resume its functions, the military power becomes
again passive, but on guard and watchful.
This, in my judgment, is the whole scope of the
military power conferred by this act, and in arriving
at this construction of the act, I have not found
it necessary to resort to the strict construction which
is allowable.
What has been said indicates my opinion as to
any supposed power of the Military Commander
to change or modify the laws in force. The Military
Commander is made a conservator of the
peace, not a legislator. His duties are military duties,
executive duties, not legislative duties. He
has no authority to enact or declare a new code of
laws for the people within his district under any
idea that he can make a better code than the people
have made for themselves. The public policy
is not committed to his discretion. The Congress,
which passed this act, undertook in certain grave
Particulars to change these laws, and these changes
eing made, the Congress saw no further necessity
of change, but were content to leave all the other
laws in full force, but subject to this emphatic declaration,
that as to these laws and such future
changes as might be expedient, the question of ex- ,
pediency and the power to alter, amend or abolish,
was reserved for the paramount authority of the
United States at any time to abolish, modify, con- ,
trol, or supersede the same.'' _ Where, then, does ,
a Military Commander find his authority "to abol- .
ish, modify, control, or supersede" any one of these ,
laws ?
Tko onnmAM^iAn of flio AwfiKiAivlinorTT nnirora
J.UC atiuu ui IUU VAuaviuiuaij punvio
exercised by the Militaiy Commanders in some of j
the districts would extend this opinion to an un- ,
reasonable length. A few instances must suffice. (
In one of these districts the Governor of a State
has been deposed under a threat of military force, ,
and another person, called a Governor, has been
appointed by the Military Commander to fill his j
place. Thus presenting the strange spectacle of an (
official entrusted with the chief power to execute J
the laws of the State whose authority is not recog- (
nized by the laws he is called upon to execute^
In the same district the judge of one of the j
criminal courts of the State has been summarily
dealt with. The act of Congress docs give authority
to the Military Commander, in cases of neccssi- ,
ty, to transfer the jurisdiction of a criminal court ]
to a military tribunal. That being the specific authority
over the criminal courts given by the act,
no other authority over them can be lawfully ex- j
ercised by the Military Commander. But in this I
instance the judge has, by military order, been
ejected from nis office, and a private citizen has (
been appointed judge in his place, bv military au- |
thority, and is now in the exercise of criminal ju- i
risdiction "over all crimes, misdemeanors, and of- 1
fences." committed within the territorial jurisdic- 1
tion of the court. This military appointee is cer- 1
tainly not authorized to try any one for any offence 1
as a member of a military tribunal^ and he has just 1
as little authority to try and punish any offender '
as a judge of a criminal court of the State.
It happens that this private citizen, thus placed (
on the bench, is to eit as the sole judge in a criminal (
court whose jurisdiction extends to cases involving (
the life of the accused. If he has any judicial ,
power in any case, he has the same power to take ,
cognizance of capital cases, and to sentence the ac- (
cusedto death, and order his execution. _ A strange ,
spectacle 1 where the judge and the criminal may
well "change places;" for if the criminal has un- J
lawfully taken life, so too does the judge. This is
the inevitable result, for the only tribunal, the only 1
judges, if they can be called judges, which a Mil- '
itary Commander can constitute and appoint under
this act, to inflict the death penalty, is a military
court composed of a board, and called in the act a
' 'military commission.'' 1
I see no relief for the condemned against the 1
sentence of this agent of the Military Command- J
er. It is not the sort of court whose sentence of '
death must be first approved by the commander
and finally by the President; for that is allowed 1
only where the sentence is pronounced by a "military
commission." Nor is it a sentence pronoun- 1
ced by tlie rightful court of the State, but by a I
court, and by a judge, not clothed with authority !
under the laws of the State, but constituted by the 1
military authority. As the representative of this 1
military authority, this act forbids interference
"under color of State authority" with the exercise 1
of his functions. _ 1
In another one of these districts a military or- 1
der commands the Governor of a State to forbid 1
the re-assembling of the Legislature, and thus sus- j
pends the proper legislative power of the State. '
In the same district an order has been issued "to *
relieve the Treasurer of the State from the duties, 1
bonds, books, papers, &c., appertaining to his of- !
fice," and to put an "Assistant Quartermaster of :
United States Volunteers" in the place of the re- 1
moved Treasurer; the duties of which Quarter- |
master-treasurer are thus summed up: He is to j
make to the headquarters of the district "the same j
reports and returns required from the Treasurer, '
and a monthly statement of receipts and expendi- !
tures; he will pay all warrants for salaries which
may be, or become due, and legitimate expendi- <
tures for the support or the penitentiary, State 1
asylum, and the support of the provisional State !
government; but no scrip or warrants for outstand- \
ing debts of other kind than those specified will be 1
paid without special authority from these head- ;
quarters. He will deposit funds in the same man- .
n a fLonfLmr n?nro fVincn nf" TTnif^rl 1
I b V " V1U V"V VULWUK/VMVWUI
| In another of these districts a body of military J
edicts, issued in general and special orders regular- 1
ly numbered, and in occasional circulars, have been '
promulgated, which already begin to assume the I
I dimensions of a code. These military orders mod- '
ify the existing law in the remedies for "he collec- (
tion of debts, the enforcement of judgments and
decrees for the payment of money, staying pro- <
ceedings instituted, prohibiting, in certain cases, (
the right to bring suit, enjoining proceedings on <
execution for the term of twelve months, giving new <
leins in certain cases establishing homestead ex- I
emptions, declaring what shall be a legal tender, i
abolishing in certain cases the remedy by foreign '
attachment, abolishing bail "as heretofore author- 1
ized" in cases cx contractu, but not in "other cases <
known as actions cx delicto" and changing, in sev- i
eral particulars, the existing laws as to the punish- i
ment of crimes, and directing that the crimes refer- i
red to "shall be punished by imprisonment at hard .
labor for a term not exceeding ten years nor less i
than two years, in the discretion of the court hav- j
ing jurisdiction thereof." One of these general i
oraers, being number ten of the series, contains no <
less than seventeen sections embodying the various
changes and modifications which have been recited.
The question at once arises in the mind of every
lawver, what power or discretion belongs to the
court having jurisdiction of any of these offences,
to sentence a criminal to anv other or different
punishnient than that provided by the law which
vests him with jurisdiction. The concluding paragraph
of this order, No. 10, is in these words:
Any law orordinance heretofore in force in North
or South Carolina, inconsistent with the provisions
of this general order, are hereby suspended and
declared inoperative." Thus announcing, not only
a power to suspend the laws, but to declare them
Egenerally inoperative, and assuming full powers of
egislation by the military authority.
The jp-ound upon which these extraordinary
powers tire based is thus set forth in military order
No. 1, issued in this district: "The civil government
now existing in North Carolina and South
Carolina, is provisional only, and in all respects
subject to the paramount authority of the United
States at any time to abolish, modify, control, or
supersede the same." Thus far the provisions of
the net of Congress are well recited. What follows
is in the*e words: 4'Local laws and municipalregulations
not inconsistent with the Constitution and
laws of the United States, or the proclamations of
the President, or with such regulations as are or
may be prescribed in the orders of the Commanding
General., are hereby declared to be in force, and in
conformity therewith, civil officers are hereby authorized
to continue the exercise of their proper
functions, and will be respected and obeyed by the
inhabitants."
This construction of his powers under the act of
Congress places the Military Commander on the
same footing as the Congress of the United States.
It assumes that "the paramount authority of the
United States at any time to abolish, modify, control,
or supersede," is vested in him as fully as it
is reserved to Congress. He deems himself a representative
of that paramount authority. He puts
himself upon an equality with the law-making
power of the Union, the only paramount authority
m our government, so far, at least, as the enactment
of laws is concerned. He places himself on
higher gnound than the President, who is simply
an executive officer. He assumes directly, or indirectly,
all the authority of the State, legislative,
executive, and judicial, and.in effect declares, "I
am the State."
I regret that I find it necessary to speak so plainly
of this assumption of authority. I repeat what
I have heretofore said, that I do not doubt that
all these orders have been issued under an honest
belief that they were necessary or expedient, and
fully wai-ranted by the act of Congress. There
may be evils and mischiefs in the laws which these
people have made for themselves through their own
legislative bodies, which require change; but none
of these can be so intolerable as the evils and mischiefs
which must ensue from the sort of remedy
applied. One can plainly see what will be the inevitable
confusion and disorder which such disturbances
of the whole civil policy of the State must
produce. If these military edicts are allowed to
remain e ven during the brief time in w Jch this
provisional military government may be in power,
the seeds will be sown for such a future harvest of
litigation as has never been inflicted upon any other
people.
There is, in my opinion, an executive duty to be
performed here, which cannot safely be avoided or
delayed. For, notwithstanding the paramount authority
assumed by these commanders, they are
not, even as to their proper executive duties, in any
Bense clothed with a paramount authority. They
are, at last, subordinate executive officers. They
are respo nsible to the President for the proper execution
(tf their duties, and upon him rests the final
responsibility. They are his selected agents.
His duty is not all performed by selecting' such agents
as he deems competent; but the duty remains
wi th him to see to it that they execute their
duties faithfully and according to law.
It is true that this act of Congress only defers to
the President in the matter of selecting and appointing
these commanders, and in the matter of
their powers and duties under the law, the act
speaks in terms directly to them - but this does not
relieve them from their responsibility to the President,
nor does it relieve him from the constitutional
obligation imposed upon him to see that all the
laws be faithfully executed.
It can scarcely be necessary to cite authority for
so plain a proposition as this. Nevertheless, as
ive have a recent decision completely in point, I
may as well refer to it
Upon the motion made by the State of Mississippi
before the Supreme Court of the United States
it its late term, for leave to file a bill against the
President of the United States to enjoin him against
executing the very acts of Congress now under consideration,
the opinion of the court upon dismissing
that motion, and it seems to have been unanimous,
was delivered by the Chief Justice. I make
the following quotation from the opinion: "Very
different is the duty of the President in the exercise
of the power to see that the laws are faithfully
executed, and among those'laws the acts named in
the bill. By the first of these acts he is required
to assign Generals to command in the several Military
Districts, and to detail sufficient military force
to enable such officers to discharge their duties undor
the law. By the Supplementary act, other
duties are imposed on the several Commanding
Generals, and their duties must necessarily be per
formed under the supervision of the President as
Commander-in-Chief. The duty thus imposed on
the President is in no just sense ministerial. It is
purely executive and political."
Certain questions have been propounded from
sne of these Military Districts touching the construction
of the power of the Military Commander
to constitute militaiy tribunals for the trial of offenders,
which I will next consider.
Whilst the act does not in terms displace the regular
criminal courts of the State, it aoes give the
power to the Military Commander, when in his
judgment a necessity arises, to take the administration
of the criminal law into his own hands, and to
try and punish offenders by means of military commissions.
In giving construction to this power, we must
not forget the recent and authoritative exposition
given by the Supreme Court of the United States
is to the power of Congress to provide for tribunals
for the trial of citizeus in time of peace, and to the
3iuphatic declaration as to which there was no dissent
or difference of opinion among the judges,
that such a power is not warranted by the constitution.
A single extract from the opinion of the
minority as delivered by the Chief Justice will suffice.
We by no means assert that Congress can
jstablish and apply the laws of war where no war
has been declared or exists. Where peace exists
the laws of peace must prevail What we do maintain
is, that when the nation is involved in war,
ind some portions of the country are invaded, ana
ill are exposed to invasion, it is within the power
if Congress to determine in what States or districts
iuch great and imminent public danger exists as
justifies the authorization of militaiy tribunals for
the trial of crimes and offences against the discipline
or security of the army or against the public
safety."
Limiting myself here simply to the construction
if this act of Congress and to the question in what
tvay it should be executed, I have no hesitation in
jaying that nothing short of an absolute or controlling
necessity would give any color of authority
for arraigning a citizen before a military commission.
A person charged with crime in any of these
Military Districts has rights to be protected, rights
the most sacred and inviolable, and among these
the right of trial by jury accordingto tbe laws of the
land. When a citizen is arraigned before a military
commission on a criminal charge, he is no longer
under the protection of law, nor surrounded
with those safeguards which are provided iu the
constitution.
This act, passed in a time of peace, when all the
courts, State and Federal, are in the undisturbed
exercise of their jurisdiction, authorizes, at the discretion
of a military officer, the seizure, trial and
condemnation of the citizens. The accused may
be sentenced to death, and the sentence may be executed,
without an indictment, without counsel,
without a jury and without a judge. A sentence
which forfeits all the property of the accused requires
no approval, if it affects the liberty of the
accused, it requires the approval of the Commanding
General * and if it affects his life, it requires
the approval of the General and of the President
Military and executive authority rule throughout,
in the trial, the sentence, and the execution. No
habeas corpus from any State court can be invoked;
for the law declares that "all interference, under
color of State authority, with the exercise of mili-1
itary authority under this act, shall be null and
void." # _ ..
I repeat it, that nothing short of an absolute necessity
can give any color of authority to a MilitaJy
Commander to call into exercise such a power,
t is a power, the exercise of which may involve
him, and every one concerned, in the gravest responsibilities.
The occasion for its exercise should
be reported at once to the Executive for such instructions
as may be necessary and proper.
Questions have arisen whether, under this power,
these Military Commissioners can take cognizance
of offences committed before the passage of the
act, and whether they can try and punisn for acts
not made crimes or offences by Federal or State
law.
I am clearly of opinion that they have no jurisdiction
as to either. They can take cognizance of
no offence that has not happened after tne law took
effect Inasmuch as the tribunal to punish, and
the measure or degree of punishment, are established
by this act, we must construe it to be prospective,
and not retroactive. Otherwise it would
take the character of an ex post facto law. There- ,
fore, in the absence of any language which gives ]
the act a retrospect, I do not hesitate to say it can- (
not apply to past offences.
There is no legislative power given under this (
Military bill to establish a new criminal code. The (
authority given is to try and punish criminals and |
offenders, and this proceeds upon the idea that
crimes and offences have been committed; but no j
Sereon can be called a criminal or an offender for
oing an act which, when done, was not prohibited
by law.
But as to the measure of punishment I regret
to be obliged to say that it is left altogether to the
military authorities, with only this limitation, that
the punishment to he inflicted shall not be cruel or
unusual. The military commission may try the
accused, fix the measure of punishment, even to
the penalty of death, and direct the execution of
the sentence. It is only when the sentence affects
the "life or liberty" of the person that it need be
approved by the Commanding General, and only in
cases where it affects the life of the accused that it
needs also the approval of the President
As to crimes or offences against the laws of the
United States, the Military authority can take no
cognizance of them, nor in any way interfere with
the regular administration of justice by the appropriate
Federal Courts.
In the opinion heretofore given upon other questions
arising under these laws, I gave, at large, for
your consideration, the grounds upon which my conclusions
were arrived at, intending thereafter to
state these conclusions in a concise and clear sumrnaiy.
> I now proceed to execute that purpose,
which is made especially necessary from the confusion
and doubts which have arisen upon that 1
ui:? L a? '
upiuiuu in ilie jjuuui; ujiuu, uuuacu ui p*u t uy cue
errors of the telegraph and the press in its publication,
and in part by the inaptitude of the general
reader to follow carefully the successive and dependent
steps of a protracted legal opinion. 1
SUMMARY. ]
who are entitled to registration. (
1. The oath prescribed in the Supplemental act 1
defines all the qualifications required, and every I
Ecrson who can take that oath is entitled to have 1
is name entered upon the list of voters. I
2. The board of registration have no authority to 1
administer any other oath to the person applying ]
for registration than this prescribed oath; nor to <
administer any oath to any other person, touching
the qualifications of the applicant, or the falsity of 1
the oath so taken by him. The act to guard a- <
gainst falsity in the oath, provides that, if false, the 1
person taking it shall be tried and punished for per>1,
o provision is made for challenging the qualifi- ]
cations of the applicant, or entering upon any trial 1
or investigation of his qualifications, either by wit- I
ncsses or any other form of proof. 1
3. As to citizenship and residence.
The applicant for registration must be a citizen s
of the State and of the United States, and must ]
be a resident of a county included in the election i
district. He may be registered if he has been such (
citizen for a period less than twelve months at the
time he applies for registration, but he cannot vote
at any election unless his citizenship has then ex- ?
tended to the full term of one year. As to such a
person the exact length of his citizenship should
do noted opposite his name on the list, so that it
may appear on the day of election, upon reference to
the list, whether the full term has then been accomplished.
4. An unnaturalized person cannot take this oath,
but an alien who has been naturalized can take it, .
and no other proof of naturalization can be required
from him. . S
5. No one who is not twenty-one years of age at
the time of registration can take the oath, for he ]
must swear that he has then attained that age.
6. No one who has been disfranchised for parti- (
cipation in any rebellion against the United States, E
or for felony committed against the laws of any {
State or the United States, can safely take this
oath. * i
mi l* t lir a- j
J. ne actual participauou in a ruueinuii, urine
actual commission of a felony, does not amount to ,
disfranchisement. The sort of disfranchisement 1
here meant, is that which is declared by law passed
by competent authority, or which has been fixed
upon the criminal by the sentence of the court
wnich tried him for the crime.
No law of the United States has declared the
penalty of disfranchisement for participation in
rebellion alone. Nor is it known that any such law
exists in either of these ten States, except perhaps
Virginia, as to which State special instructions will
be given.
7. As to disfranchisement arising from having
held office followed by participation in rebellion.
This is the most important part of the oath, and
requires strict attention to arrive at its meaning.?
I aeem it proper to give the exact words. The applicant
must swear or affirm as follows:
"That I have never been a member of any State
Legislature, nor held any executive or judicial office
in any State, and afterwards engaged in an insurrection
or rebellion against the United States,
or given aid or comfort to the enemies thereof;
that I have never taken an oath as a member of
j Congress of the United States, or as an officer of
the United States, or as a member of any State
Legislature, or as an executive or judical officer of
any State, to support the Constitution of the United
States, and afterwards engaged in insurrection
or rebellion against the United States* or given aid
or comfort to the enemies thereof."
Two elements must concur in order to disqualify
a person under these clauses: First, the office
and official oath to support the Constitution of the
United States: Second, engaging afterwards in rebellion.
Both must exist to work disqualification,
and must happen in the order of time mentioned.
A person who has held an office and taken the
. .1 T-i i 1 n J 1 r
oath to support tne r eaerai uonsuiuuon anu nas *not
afterwards engaged in rebellion, is not dis- t
qualified. So, too, a person who has engaged in t
rebellion, but has not therefore held an office and t
taken that oath, is not disqualified. f
8. Officers of tlic United States.
As to these the language is without limitation, e
The person who has at any time prior to the rebel- f
lion lield any office, civil or military, under the s
United States, and has taken an official oath to t
support the Constitution of the United States, is
subject to disqualification. i
9. Military Officers of any State, prior to the rebellion,
arc not subject to disqualification. f
10. Municipal officers, that is to say, officers of a
incorporated cities, towns, and villages, such as 1
mayors, aldermen, town council, police and other ?
city or town officers, are not subject to disqualification.
'
11. Persons who have, prior to the rebellion,
been members of the Congress of the United States, c
or members of a State Legislature, are subject to
disqualification. But those who have been mem- fl
bers of conventions framing or amending the con- 1
stitution of a State, prior to the rebellion, are not t
subject to disqualification. i'
12. All the executive or judicial officers of any
State who took an oath to support the Constitu- v
tion of the United States, are subject to disqualifi- t
cation, and in these I include county officers, as to t
whom I made a reservation in the opinion heretofore
given. After full consideration I have arriv- c
ed at the conclusion, that they are subject to dis- a
qualification, if they were required to take as a part f
of their official oath, the oath to support the Consti- f
lution of the United States. # , r
13. Persons who exercised mere agencies or employments
under State authority, are not disquali- v
tied; such as commissioners to lay out roads, com- f
missioners of public works, visitors of State insti- r
tutions, directors of State banks or other State in- t
stitutions, examiners of banks, notaries public, I
commissioners to take acknowledgments of deeds,
and lawyers.
ENGAGING IN REBELLION.
Having specified what offices held by any one
prior to the rebellion, come within the meaning of
the law, it is necessary next to set forth what subsequent
conduct fixes upon such person the offence
3f engaging in rebellion. I repeat, that two things
must exist as to anvperson, to disqualify him from
noting: First, the office held prior to the rebellion,
and afterwards, participation in the rebellion.
14. An act to fix upon a person the offence of
engaging in rebellion under this law, taust be an
jvert and voluntary act, done with the intent of
aiding or furthering the common unlawful purpose.
A. person forced into the rebel service by conscript
tion, or under a paramount authority which he
could not safely disobey, and who wdul4 not have
entered such service if left to the free exercise of
bis own will, cannot be held to be disqualified from
ruuug.
15. Mere acta of charity, where the intent is to
relieve the wants of the object of such charity, and
not done in aid of the cause in which he may have
been engaged, do not disqualify. But organized
contributions of food and clothing for the general
relief of persons engaged in the rebellion, and not
if a merely sanitary character, hut contributed to
enable them to perform their unlawful object, may
be classed with acts which do disqualify.
Forced contributions to the rebel cause, in the
form of taxes or military assessments, which a person
may be compelled to pay or contribute, do not
iisqualify. But voluntary contributions to the rebel
cause, even such indirect contributions as arise
Prom the voluntary loan of money, to rebel authorities,
or purchase of bonds or securities created to
ifford the means of carrying on the rebellion, will
work disqualification. ^
16. All those who, in legislative or other official
capacity, were engaged in the furtherance of the
common unlawful purpose, where the duties of the
cffice necessarily had relation to the support of the
rebellion, such as members of the rebel Conventions,
Congresses, and Legislatures, diplomatic agents
of the Rebel Confederacy, ana otner officials
whose offices were created for tne purpose of more
effectually carrying on hostilities, or whose duties
appertained to the support of the rebel cause,
must be held to he disqualified.
But officers who, during the rebellion, discharged
official duties not incident to war; but only sucn
luties as belong even to a state of peace, and were
accessary to the preservation of order and the administration
of law, are not to be considered as
thereby engaging in rebellion or as disqualified.
Disloyal sentiments, opinions, or sympathies would
lot disqualify, but where a person has by speech
cr by writing, incited others to engage in rebellion,
be must come under the disqualification.
17. The duties of the hoard appointed to supcrin
[end the elections.
This board, having the custody of the list of
registered voters in the district for which it is constituted,
must see that the name of the person offering
to vote is upon the registration fist, and if
such proves to be the fact, it is the duty of the
xiard to receive his vote. They cannot receive
die vote of any persoa whose name is not upon the
1st, though he may be ready to take the registration
oath, and although he may satisfy them that
ie was unable to have his name registered at the
proper time, in consequence of absence, sickness,
>r other cause.
The board cannot enter into any inquiry as to
he qualifications of any person whose name is not
in the list, or as to the qualifications of any person
ivhose name is on the list
18. The mode of voting is provided in the act to
be by ballot. The board will keep a record and
poll-book of the election, showing the votes, list of
voters, and the persons electea by a plurality of
he votes cast at the election, and make returns of
these to the Commanding General of the District
19. The board appointed for registration and for
mperintending the elections, must take the oath
prescribed by the act of Congress, approved July
2, 1862, entitled, "An act to prescribe an oath of
iffice."
I have the honor to be, with great respect,
HENRY STANBERRY, Attorney-General.
IpswHaiiMttSi fkadittg.
HOE OUT YOUR ROW.
The youngest son stood with his fair bride upon
he threshold of the farm-house. He was the last
if four brave boys who had gone forth trom that
lUmble roof to work their way up manfully to a
dace of honor and usefulness in the world. Perlaps
there was a little dimness in the old man's
;ye. and may be a little tremor in his voice, as he
spoke the farewell words. But he took from the
)ld side cupboard his parting gift; a bright, new
loe?and as he placed it in the hand of the youth,
he accompanying admonition sounded cheerily on
lis ear, "Hoe out your row."^
It was the fourth time a similar presentation had
jeen made in the old homestead.
"Everybody will find his row to hoe in this world,
jeorge?and sometimes it's a mighty tough one ;
** 4 i* oV? J fir if ' W V* rtfoAOWOv
JUL 11 13 ULUJT WTiaiUO UiUV OU11A, 1U TV UawwTU
;hy hand findeth to do, do it with thy might,' and
lever forget to look up."
The olci man wrung the hand of his son, and
itooped down to kiss the cheek of his fair, new
laughter; while mother busied herself with the
lozen "last things," which every one but a mother
orgets. The lingering farewells were all said at
ast, and the old coacii rolled away with the two
lopcful, sunny hearts just entering life's bright
ma beautiful summer.
The old homestead seemed deserted and drear as
t last year's nest. The aged pair sat down by
heir own hearthstone alone as when they begun
ife together. How these old walls had wrung to
he sound of childhood's mirth, and childhood's
itcp, and in later years had echoed with the tread
>f many feet Now they must live more in the
mried past
But to George and Ellen life seemed all one
rright future, with the rainbow of hope arching
ill their plans and projects.
Their Western home was an humble one, and
)lenty of work for willing bands within it The
'oung farmer's chief capital was his strong arm
ind stout heart, .and the sound working-day prin:iples
he had been taught from childhood. Someime's
he grew discouraged at the prospect of pay- j
ng for the place he worked?but he was sure to
nect with hearty encouragement and words of
heer from Ellen; a glance, too, at the parting gift
if his father, as it stood on the mantle m the famly
room, was as good as a sermon any day. There
t stood ever ready to give encouragement or adnonition,
as the case might be. Strangers might
hink it a curious ornament for a chimney-piece.
iut it was soon regarded as one of the household
reasures. Dust nor rust were never suffered to
nar its brightness.
"Ellen, it is no use trying," said George, one 1
vening, quite despondinglv, as he turned away
rom some figures he had been making on some
craps of paper, "I can't make out the payment
his week, and I may as well give it up."
Ellen looked up cheerfully from her work and
toddcd towards the mantle.
"I have hoed and hoed, bnt this row is too much ;
or me. The wool will pay the next installment, 3
,nd the crops the next; but where this fifty dolars
is to come from, that I need in addition to j
yhat I can make out, is more than I can see."
"Sell the cow, George," advised Ellen; "you ]
rere offered sixty dollars for her, you know." # ?
"But what can we do for butter, and cream in 1
iur coffee, and all that"
"Do without it for a time, dear. A home is a 1
rreat deal more important to us now than any table '
uxuiv. Besides you shall not suffer. These litle
self-denials, you know, are almost unavoidable, 1
f we would fairly hoe out our row."
George, like a sensible man, took his wife's adice
; ana the satisfaction he felt, as he paid down 1
he money promptly and took his receipt, exceeded 1
hat which any table enjoyment could afford himEllen
ransacked her memory for economical saues
and gravies, to take the place of old Debby's
olden butter and yellow cream; and she never
orgot to stir a well-beaten egg into the pot of coffee,
so improving its richness that George scarcely
nissed the favorite luxury.
Steadily onward he hoed his row until the place
ras all his own. The old home had put on a new
ace out-doors and in. There were shrubs and
osebushes in abundance in the once tangled and
iriar-grown door-yard, and a young orchard was
ilossoming on the sunny slope towards the South.
There were files of agricultural papers on the
broad shelf of the little fibnuy, and a choice selection
of miscellaneous books above them. There
were little tasteful appointments here and there,
about the cheerful sitting room, but the bright hoe
was never displaced by any gem or crystal The
pretty shell-framed pictures might look down upon
it, if they choose; it could not be looked oat of
countenance.
George was respected and known by all hie
neighbors, and the stranger, who shared but for a
night the generous hospitality of his broad hearthstone,
went away to speak, years after, of the
pleasant hours he spent there; and the kindly attentions
of the gentle wife, whose wide heart took
in every suffering, sorrowing one of earth. The
blessing of the Lord was upon that household, and
it is that alone "which maketh rich, and He addeth
no sorrow with it"
Years sped apace, when one rud<Jy October, a
circular autograph letter went round the circle of
brothers, bidding them all cofte to the golden wedding.
And the call gathered them in from their
distant homes.
There was a racket of merry, youthful voices, as
the grand-children romped through the old halls:
but grandfather'8 face was brimral of smiles; ana
Sandma's pet and namesake, gentle, dignified
race, took the reins of government into her hands,
so all moved on most harmoniously, relieving moth
*-11 J 1 ! xl 'a- .1 x x.
era 01 uu care, ami icaviug. lueut 10 cxuu w uieu
heart's content
Carrie was the daughter-in-law who lived nearest
home, so the care of the feast M upon her.?
"Grandma must not stir from her rocking chair"
until all was upon the table. Indeed, it would be
bard for her to accomplish much with so many little
run-a-ways under ner feet all the time, whose
manifold perfections must continually be observed
on and commented on.
The evening lamp was lighted, and a little fire
was burning in the open fire-place, as all were seatted
in the old home-room.
William, the eldest born, stepped forth from the
little group, advancing to bis gray haired father,
said: -*.. ?
"It is twenty-two years since the first of us went
forth from this roof to make his way in the world.
As each, in turn, took his departure, you presented
to him a bright new hoe, with the injunction.
' 'Hoe out your row.'' How well we have followed
your directions and the lessons of industry perseverance,
Christian integrity, and self-demal, you
have always taught, by your words and by
life, it remains for you to judge.
As a token that we have not forgotten your teachings,
in the name of my brothers and myself I
S resent this hoe to you, and with a bow he laid it
own upon the little round stand before him.
The old man dropped his head, and the thin hairs
fell about his temples as he simply said, with choking
voiceGod
bless the boys!"
"Mother," said Kalph, advancing to her.side,
'we all know that you would not desire any gifts of
jewels and golden ornaments, such as are oommon
on these occasions. But we thought the contents
of this little box might add some comforts to your
lives, which we should delight to bestow, if we wen
not so widely separated.'' He placed in her hands,
a beautiful gilt casket, containing four of the broadest
pieces tbe mint turns out, with a liberal sprinkling
ef smaller yellow drops, from the little grand
children.
"Now father," said Dominie Ned, as he walked
up to the stand, "I must give up my wedding present;"
and he laid before him a beautiful copy of
the Testament and Psalms, printed in very luge,
clear type, so grateful to the failing sight of age.
In bright gilt Tetters on the side, were stamped
these words: ^
"Hove Thy commandments above gold: yea,
above fine gold"
"Now, perhaps, we had better sing our evening '
hymn?and after worship, let the little ones tramp
off to bed." *
The patriarch knelt among his flock, and the
prayer, from his full heart, for God's blessing upon
them, was as if he had entered within the veil?
There were tears on many cheeks when thev rose,
and a subdued tone ran even in "good nigths" of
the merry children.
Then all drew up around the fire, and told over
tales of other days. William told how he had hoed
out a pretty hard row in the new place, where he
had sought to establish himself as a physician.?
But, after due waiting, the "first patient came at
last, and the second, and so on, until now he was
"the old physician" of the place, with two young
men in the office with him.
Dominie Ned, (otherwise Rev. Edward Kent,)
detailed some of the "Shady Side" experiences of
his first charge?but thev were pleasantly relieved
by the many Sunny Side" incidents his wife took
care to suggest as he went along.
George and Ralph compared farm-notes, and altogether,
the evening passed as only such gatherings,
by such a hearth-stone, ever can. It is only
such training that can produce such results.
If you wisn your boys and girls to grow up useful,
honorable, and happy, teach them faithMiy
"to hoe out their how." "
CONSANGUINEOUS MARRIAGES.
The American Eclectic Medical Review, tor May,
has just been issued. In point of ability it compares
favorably with the other medical journals.?
The first paper is from the late Professor-TV. Bvrd
Powell, on his favorite topic of "Marriage in Contravention
of Phvsical law." In it he announces
a modification of his views in relation to marriages
of kindred. He says:
"The opinion is widely spread and deeply founded
in the ptibllo mind that consanguineal manage
deteriorates the species by entailing on progeny
idiocy, such cerebral imperfections as result in insanity,
and constitutions so depraved as to produce
all tne known forms of scrofulous disease. Bat
statistics on both sides of the Atlantio have failed
to sustain the trnth of this very general, opinion"^
on the contrary, they show that there are nuare or
the evils complained of outside of the circle of consanguinity
than within it showing that the cause
of the evils above-named is more extensive than
oonsanguineal marriages. And of this diameter
is a fact which was communicated to me a few weeks
since, viz: Doctor Paterson, Superintendent of the
Ohio Idiotic Asylum, informs me that although he
has been particular in his inquiries as to the progenitors
of the idiots brought to the institution,
yet he has succeeded in finding but two per cent
of them to have had consanguine progenitors.?
This single fact is, in my opinion, sufficient to cast
a shade of doubt upon the verity of the very prevalent
opinion of consanguine influence on progeny.
, "Some fifteen years ago I was induced to suspect
that a physiological imcompatibility obtained
between the sexes in regard to progeny, and the
result has been an entire conviction of the trnth of
my suspicion. This compatibility prevails extensively
in society, and is,'I am confident, the cause
of all the idiocy, much of the insanity, all of the
tubercular consumption of the lungs, and of mesenteric
glands of the abdomen, and or all the scrofulous
forms of disease incidental to the human
race.
He declares that disease will be entailed in the
following allianoes: ... , '
"l^When the parents have both the sanguine
encephalic temperament, their children will die
young, of dropsy of the brain, or of tobercnler inflammation
of its membrances.
"2. When the parents are both bilious encephalic,
the children will be idiotic.
4,3. When the parents are both of bilious encephalic
lymphatic temperment, their children^ five
out of seven, will be dead born, and the remainder
will not live two years.
"4. When one parent is bilious lymphatic and
the other sanguine bilious encephalic, the progeny
will die young of tubercular consumption.
"5. If one parent is sanguine encebbafic and the
other bilious, lymphatic, the children will die young
of tuberculous disease.
"6. If one parent is billions encephalic and the
other sanguine encephalic bilious lymphatic, the
children will become insane."
Decline in Prices at Chicago.?In Chicago
com that was sold for $1.10 per bushel the third
week in May fell to 90 cents per bushel on the 3th
of June?a difference of 20 cents in less than three
weeks. Good I Oats, which sold for 90 cento on
May 28th, fell off to 60 cento on June 5th?a difference
of 30 cento in a few days. Better and better.
Rye, which sold for $1.57 in Mot, wanted purcha-.
ers in June at $1.02?55 cents difference. Wheat,
No. 2 spring, which was quoted at $2.85 per bushel
in May, sold as low as $1.90 in June?a decline
of 95 cents.