The Texas State Gazette. (Austin, Tex.), Vol. 18, No. 44, Ed. 1 Saturday, July 20, 1867 Page: 1 of 4
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fcá i fHr1rf ^9 IwS1 -•.- *
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to the citizens of Austin
M .D., Oftce at the old
*>H always be found
. • - . P. pKNGEJUHBEB.
Texas. Practice m the District and Sa-
Cocrteof the State, and the Federal
aad Tyler. Sep26-ly
A ^0n\ey it kwv, WiU ¡
tos# before the Departments at Washii
City. Attention given to land and other
E *K: .;■
Northern and Eastern Texas.
dress, Tyler, Texas. _7 ^
cutí. i. ROBAROS .. AI*£. H.
(late W. L. & C. L. Robards.) ' .7;
AJOBAROS & JACKSON, Attorneys and
Counsellors at Law, Austin, Texas. Reporters
llpr (¡5a¿cíU.
AUSTIN, TEXASrJULY 20, 1867.
•Edited by
H>a J
The Land we Love*
: i General D. K.
mm
J AMES B. MORRIS, Attorney and Coon
ellor at Law, Austin, Texas. Oct27-ly
rjlexas land and collecting agency.
C. R. JOHNS A CO., Austin, Texas.
For purchase and sale of real estate;- pay-
ment of taxes; adjustment of claims to land
and other property; claims against the State
and Federal government; collection
information
and furnishing such
obtained from public rc
animation of subjects ot
records on
enquiry.
of debts,
as may be
jersonal ex
octSl-ly
anflVs
JjlRANK MATTHEWS, Book, Periodical and
Newspaper Agent, Gazette Office, Austin,
Texas.
^ No commission charged on religious
and temperance publications.
•
PETMKCKY ¿b TODD, Gun Smiths, Con-
gress Avenue, Austin, Texas.
• Sewing Machines cleaned and repaired
Terms moderate. Give him a call!
JanI2-ly
W. A. PITTS & CO., Auction and Com-
mission Merchants, Miller's corner, Congress
Avenue, Austin, Texas.
Regular auction sales Saturday. Special
sales during the week. On hand, and arriv-
ing, a full supply of
STAPLE DRY GOODS AND GROCERIES,
Which we offer low for cash, or in exchange
for country produce.
CHER!
A Virginian, and graduate of the Vir-
ginia Military Institute, with avery8uccess
Stl experience in teaching, will accept Prin-
cipal of a first class Academy, or assist in
conducting a school of high grade. Highest
testimonials can be furnished.
Address CARLTON SHAFER,
Principal Leesburg Academy,
Leesburg, Loudon Co., Va
N. B.—Persons addressing, state full par
ticulars. „ 2mar6m
BOARDMAN,
DENTIST-
established, austin, 1951.)
Refers to
W. A. Morris, M. D., J. T. Alexander, M. D.,
J. M. Litten, M. D., I>. V. Spring,-M. D., A.
H. Parish, M. D., Austin.
Gen.H. E. McCulloch, Sejruin; Capt E. M.
Taylor, Georgetown; Mr. Wm. Ernest, San
Marcos; Mr.S. Cummings, Bagdad; Capt. E.
with perfect safety, and
with little and no pain, by the use oi Narcotic
SADDLE AND HARNESS SHOP,
SCBIPTUR& BOWLES,
CONGRESS AVENUE, AUSTIN, TEXAS.
and Earl's Hotel, New York.
Pieraon & Co., 87 _
New Orleans,
Walker, late of Tyler, Texas.
juneSS-ly
NEW!
have a full ae-
TOWNSEND & CO.
Shoes, and sundry
they will sell lower than
assortment of P
atM. W. To
the Avenue Hotel. ■■■■■¡■■■I
CASH paid for Beef
Furs, Sheep Skins,
one in Austin.—
and Fancy
B. R- TOWNSEND A CO.
í&ST.-o-IT
t of old
We have received, for the first time,
a copy of this Monthly, the July num-
ber, and have given it a careful peru-
sal. It gives us pleasure to say that
our previous favorable opinion, fonnd-
| ed on extracts from its pages which we
had incidentally seen, has been con-
firmed and strengthened. Anxious for
the permanent success of a Southern
Literary Magazine, we advise a con-
certed and united effort in behalf of
this already popular monthly, to give
it an extensive circulation, and place
it beyond the reach of contingencies
There have been so many failures of
similar enterprises in the South, thát
we do not wonder many of our
people are slow in subscribing to any
new project; bint we think that we can
venture to predict, for this trial, a suc-
cess. We will give our reasons-. In
the first place, it has a popular name.
In the next, it was started in a section
where they have always been consid-
ered slow but sure—the good old North
.State. Again, it is edited by a scho-
lar, a gentleman anda christian, aman-rto read,
of energy and earnestness, who knew
what he was undertaking, and will not
be deterred from carrying it out by tri-
fles or even serious difficulties. Now
for its contributors. Fanny Downing
and hor contributions would alone give
character to a magazine. Among oth-
ers, in the number before us, we see
the names of John R. Thompson, Pro-
fessor R. L. Dabney, Paul H. Hayne
and Mrs. Margaret J. Preston. All
these have given evidence of their abil-
ity. So much for the faith that is in
us. As we desire to direct public at-
tention to this periodical, and are wil-
ling to devote a more than usual space
for the purpose, we shall give our read-
ers a brief notice of the contents of the
July «lumber.
The first article is a sketch of Gen.
T. R. R. Cobb of Georgia, by the Rev.
R. K. Porter of Atlanta. It is inter-
esting, and particularly so to those who
knew even slightly that noble christian
gentleman, who laid down his life for
die cause he deemed just. T. R. R.
Cobb was the brother of Howell Cobb,
although - pwvi ia eooeooioo,
t to do all kind of repairing on
i or Harness, or will make to Order
t their line, on the shortest notice
reasonable terms. Also, carriage
and buggy trimming done in the best of style,
a call—you will be convinced that we
! can do what we say.
Manufacturers and Job-
r
bfers of Clothing, 267 Canal Street, between
comparatively unknown to the politi-
cal world, was considered by many,
who knew both, {he superior in intel-
lect and mental cultivation. He fell at
the bloody struggle of Fredericksburg.
We cannot forbeai* republishing the
beautiful letter of Gen. Lee announc-
ing the fact to his brother, Gen. Haw-
ell Cobb, which concludes the article :
Camp Near Fredericksburg, 1
December 18, 1862. j
General Howell Cobb:
General—I beg leave to express my
deep sympathy in your great sorrow.
Tour noble and gallant brother has met
a soldier's death, and God grant that
this army and our country may never
be .called upon again to mourn so great
a sacrifice. - 4
Of his merits, his lofty intellect, his
accomplishments, his professional fame,
and above all his christian character, I
need not speak to you who knew him
so intimately and so well. But as a
patriot and a soldier, his death has left
a deep gap in the army which his mili-
tary aptitude and skill render it "hard
to fill. In the battle of Fredericksburg
he won an immortal name for himself
ind his brigade. Hour after hour he
held his position in front of our batte-
ries, while division after division was
hurled against him. He announced
the determination of himself and his-
men never to leave their post until the
enemy was beaten, and with unshaken
courage and fortitude he kept his prom-
ise.
May God give consolation to his af-
flicted family, and may the name and
fame of the christian statesman and
soldier be cherished as a bright exam-
ple and holy remembrance.
"iff With great esteem,
Your obedient servant,
¿ ., - R. E. LEE.
The Flight of Arethusa, a poem by
ffigMrs. M. J. Preston, is the next. It
is good poetry, on a classic subject, fa-
miliar to the readers of ancient mythol-
ogy- '
The article on John Milton, by Pro-
fessor Dabney, is a continuation of the
same subject commenced in a fohner
number, is evident the Professor
thoroughly understands everything he
ventures to write about, and he layB
bare with a strong hand the inconsis-
tency and hypocrisy of the radical
saints of the English revolution, who,
complaining of the usurpations of the
Cnewn, w^re guilty of much worse con-
duct themselves after ingrossing all
power. A correct account of those
things should be read carefully in these
days when history is repeating itself.
A Dramatic Sketch, by Paul H.
Hayne, follows. He' is a young poet
of South Carolina, of much promise,
we think. *
The Evenings in Parliament, by John
R. Thompson, fbÉáierly editor of the
Wtt^mBtíSUmmSm.eaaeué«c, we sead
ion. Mr. Thomp-
and forcible, and'
sound on the topics treat-
ed. We have found eveiy thing from
of late, if :• !<
sons
thing else we have seen from her brain
and heart—which mutually aid one an-
other—as witness that fine poem, Me-
morial Flowers, which we lately pub-
lished from the Land we Love. It
strikes us that Mrs. Downing writes
better poetry than any lady in Ameri-
ca whom we know any tiling about.
Mary Ashhurto'n is the continuation
of a Tale of Maryland Life, commenced
in the June number. It is well written
and interesting. The author is un-
known tó us;
Calista, a poem by N. C. Kouns, of
Missouri, is not without merit t but a
little too much on the Swinborne style
to suit us. We have no fancy for the
incomprehensible, the extravagant or
top-loftical.
The Humors of the'Morgan Raid, by
a Kentuckian, describes the exploits of
two companies of the Indiana Legion,
who, in pursuit of Morgan, mistook
one another for the great raider's troop
at Vernon.
" Tell Me Ye Winds," is poetry by
Miss Alice A. Hill, of New Orleans,
both sensible and graceful, and quite
creditable to a young lady, as we pre-
sume she is.
Perfect Through Suffering, by Fanny
Downing, is the continuation of a story
whose commencement we should like
It proves Mrs. Downing's
power in prose as well as verse.
Richmond Va. Fifty Years Ago, by a
Virginia Matron, gives an interesting
account of the ladies who flourished in
the olden time.
The United States District Court is a
poetic satire on Judge Underwood, by
John R. Thompson, Esq.
The Haversack is a collection of an-
ecdotes and incidents of the late war,
collected by the editor from various
sources.
An article on Peach Culture, by Hon.
N. W. Ravenel of South Carolina, is
oa a practical subject, which our fruit
raisers would do well to read.
Some N. Y. Correspondence, Book
Notices, and a little editorial, which we
wish more, close the present number.
The editor is not hopeful at our present
situation, and evidently, like ourself,
prefers military rule to a government
of negroes and radicals. He says:
*' Finally, in answer to the inquiry as
to our position, we would say that,
while this is an age of wonderful revolu-
tions in sentiments and opinions, we
were born at the South and of the white
tunes of our color and section.'
We received, too late for insertion
n our last paper, the following note
with the accompanying verdict:
Texas State Ldnatic Asylum, )
June 28th, 1867. )
Editor Gazette—Dear Sir: Please in-
sert in your paper of to-morrow, the
enclosed verdict of the juiy of inquest,
held this day, over the body of William
Dulaney, deceased, late a patient in
this institution. —Mr. Dulaney has been
since his admission here, a subject of
extreme melancholly.
His family resides in Fannin county,
and he is said to have been a good and
respectable man and a minister of the
Baptist Church.
Very respectfully,
. W. P. Beall,
Sup't Lunatic Asylum.
Copy or Decision of Coboneb's Inquest
ix Case of Wm. Dulaney, Dec'd.
The undersigned Jury of Inquest,
summoned this day to sit upon the
body of William Dulaney, late an in-
mate in the State Lunatic Asylum, after
hearing the testimony adduced before
us, touching his death, do find that
said Dulaney did, on the night of the
27th inst., in said Asylum, voluntarily
put an end to his own life, by hanging
himself by his drawers from the upper
bar of the grating of the room in
which he was confined.
R. Piatt, G. Sussman, T. W. Suter,
H. A. Gurgerson, J. Hórnbérger, J.
C. Ogle.
All of which is duly certified to.
(Signed) J. H. Hctchins,
Ex-Off. Coroner.
Mutilations of the Attobney Gene-
ral's Opinion.—We do not purpose
here to refer to the gross, glaring, and
wholesale misquotations and garbling
in the elaborate leaders of the most
considerable Radical papers. These
disgrace American journalism, and
every auch instance is a deliberate and
palpable imposture upon their own
readers, for which, if they ever dis-
cover the falsehoods, few would be of
so grovelling a spirit as ever to read
the paper again. But we refer to the
f%ct, announced by a Virginia
that in the version of the opinion
was sent South the word "not" was
omitted, probably by mistake, from
the following important clause: igl
"Municipal officers, that is to say,
officers of incorporated cities, towns,
and villages, such as mayors, aldermen,
town council, police, Mid other city or
town.officers, are not subject to dis-
qualification." ,, i-
This we take from the official copy,
printed at the Government Printing
Office, and revised by the Attorney
General himself. We learn at his of-
fice, also, that two or three copies were
sent by mail, under Mr. Stanbery's
frank, to newspaper editors in each of
the principal cities of the South. * Peo-
ple in the Southern States should have
recourse to an official cop y in all cases.j
of doubt, orto the publication ia the
Intelligencer, in the whole of which,
we are authorized to say, on
Letter from Washington.
Special to the Garette.J
Washington, P. C. )
July 4, 186Í. j"
Roderick blew his bugle blast and
Clan Alpine has gathered from every
glen. The call of Thaddeus Stevens
has been answered by the Radical skir-
mishers, and yesterday they promptly
answered to the roll call in each wing
of the Capitol. I predicted this in my
last letter, and yet many even here at
the National metropolis, express disap-
pointment at the appearance of a «quo-
rum of both Houses of Congress. To
the careful observer there was much
interest to study in the appearance and
ariug of the radical cohorts as Ihey
filed into their respective Halls, and
gathered in groups around the lobbies.
Among the rank and file there was
great hesitation to express any opinion
on the " situation." They seemed to
wait the nod of their Chiefs, and looked
very like a band of conspirators against
the life of " the best government the
world has ever known," Here they
were in session in the midst of the dog-
days, and for what purpose ? It re-
quired the nerve of the boldest to de-
clare that they came breathing desoia
tion and distraction to ten States of
our once glorious Union. In the House
of Representatives all eyes were turn-
ed to "the great Commoner"—who
now "assumes the God—e|fects the
nod "—-and Beems to hold in nis single
grasp the destiny of the Southern peo-
ple. Mr. Stevens moved the appoint-
ment of a committee of nine to " en-
quire what further legislation, if any,
is required respecting the Act of 2nd
March, 1867, or other legislation on re-,
construction, and to report by bill or
otherwise." This motion, necessarily,
places Mr. Stevens at the head of the
committee, with a fair chaace to secure
his confiscation scheme; and hot work
is anticipated in view of the fact that
a majority of the body is known to
have been opposed to any attempt at
confiscation. #
In the Senate there is, also, great di-
versity of opinion, as is proveí* by the
various schemes .put forward—schemes
which reveal a purpose on the part of
The Fcxjbth is not being observed
here except by the closing of the pub-
lic offices pursuant to law, and by the
young freedmen who are out in. large
numbers, bound on a pic-nic excursion,
to a neighboring grove.
LONE STAR.
m an armed rebellion against the au-
thority of the United States, &c.—
Found June 14, 1867.
To this indictment a plea in bar, set-
ting up the pardon aforesaid, was filed,
and to which the District Attorney de-
murred.
OPINION OF THE COURT.
The demurrer to the plea in bar in
both the above cases, raises the ques-
tion as to the sufficiency of the panion.
If the law hold it to be.sufficient to re-
lieve the defendant from ail responsi-
bility under these indictments, it is my
sworn duty so to declartf.
Under the 13th section of the act of
July 17th, 1862, the President was au-
thorized at any time thereafter, by proc-
Jamatton, to extend to persons who
might have participated in the then ex-
isting rebellion in any State,, or part
thereof, pardon and amnesty, with such
exceptions and at such times and on
such conditions as he might deem ex-
pedient for the public welfare. This
section was repealed by act of the 19th
January, 1867. After this repeal it
was not, I suppose, within the power
of the President to extend amnesty and
pardon, by proclamation, to large class-
es of persons, as had been previously
done; but no one, I presume, will con-
tend that his right, under thg constitu-
tion, to grant "pardons and reprieves,"
was thereby, in any manner affected.
With regard to the precie measures <PÍB S pf °gative right is beyond
which
the radical party managers, which when
understood in the fullness of their mean-
ing, must shock the patriotism and
arouse the indignant apprehension of
every true lover of Constitutional free-*
dom.
be idle at present to speculate—but
enough is known to authorize the dec-
laration that the District Commanders
will be rendered independent of the
Executive and the Commander-in-Chief,
regardless of the fact that this necessa-
rily results in an overthrow of the Gov-
emment. Who is to see that the •
fs property executed hy ^ these
commanders? Not the President, as
he is prohibited from interfering with
them in the discharge of their duties.
Congress can not, as that body has no
gower over the Executive Department,
ongress can know but one Executive
—and he is forbidden to interfere.—
Hence it follows that we shall have five
distinct Executives outside of the Pres-
ident—independent of him, and each
independent of the other—and all, by
the Constitution, independent of the
Legislative Department. We shall
have six independent governments.—
One a Constitutional, and the others,
absolute oligarchies.
Where are we drifting? Will any
one dare say that such action will be
confined to the Southern States, should
it suit party policy to extend it to the
other States? Already are the ele-
ments of despotism in motion. Milita-
jy tyranny will go step, by step, over
the whole country. Kentucky was
disfranchised yesterday. Maryland may
'soon follow; and this yielding to the
cabal whei
dictates of a radical cabal whenever it
becomes necessary for the preservation
of the supremacy in Congress of the
radical faction, may, sooner than we
anticipate, swamp the delegations from
the loyal States of the Union. Will
the people of the North and West nev-
er take warning ? We shall see. -
It is understood that President John-
son will send no general message to
Congress, but will only answer any
calls made for information. No reports
from the several departments of the
Government will be submitted. The
contempt he exhibited yesterday for
this " dog-days Congress," by absent-
ing himself from the White House, is
now being discussed by the Impeach-
ment Committee. When the Joint
Committee, appointed by the two
Houses to inform him that Congress was
ready to receive aoy communication he
might make, reached the President's
mansion, they were informed that his
Excellency was busily engaged in at-
tending the commencement exercises
of Georgetown College. The commit-
tee were furioye and returned to the
Capitol to report—not to their respec-
tive Houses, but to the Chairman of the
Impeachment committee. So we
but more anon as developments are
made. T ■■"
The trial of Surratt continues to ex-
cite the public mind. The prosecution
closes their evidence to-morrow, and
with the conviction on the minds of the
public that the further they have gone
the more infamous has been the chara**
ter of the testimony offered against the
prisoner. The fact has been clearly
shown that Surratt was not in Wash-
ington at the time of the assassination,
and yet eight of the government wit-
nesses have sworn positively to pa
presence here at that time.
A little side-bar scene between Mr.
Bradley, one of the prisoner's counsel,
and Judge Fisher, has been much ex-
aggerated by the correspondents of
the press.: . Both these gentlomen are
quick tempered, and some words pass-
ed between them outside the Court
room. With Mr. Bradley they were
soon over, but unfortunately; J
Fisher allowod himself to béaome <
official excited, which necessitated an adiourn-
AUSTIN, JONE TERM, 1867.
The United States,) Indictment for
vs. V Treason, found
Thos. J. Devine. ) Jan. 15, Í867.
To this indictment the defendant in
terposed sf plea in bar, setting ut the
pardon of the President of the t aited
States, dated 6th of May, 1867. Also,
a demurrer which, if sustained, would
render the statute of limitations of three
years a bar to the prosecution. To the
plea in bar the United Slates District
Attorney demurred.
The United States,
vs." '
Thos. J. Devine:
Indictment for aiding
in an armed rebellion
and assisting
t the au-
be taken away or impaired b;
constitution itself. By virl
then, of this constitutional right, he
has thought proper to grant the pardon
in question. The power is found in the
Section of the 2nd Article of the
Constitution. -tr t_^^^0' 7
iroviding that the President
"ejaifcChief of the Ar-
héVní
of the several States,
when called into the actual service of
the United States, &c., it declares,
and he shall have power to grant re-
prieves and pardons for offences against
the United States except in cases of
impeachment."
In commenting on this grant of pow-
er, Chief Justice Marshall, in the case
of the United States v. Wilson, report-
ed in 7th Peters, says: " As this power
has been exercised, from time immemo-
rial by the Executive of that nation
whose language is our language, and
to whose judicial institutions ours bear
a strong resemblance, we adopt their
wig r
rules prescribing the man-
ner in which it is to be used by the per-
vaif himself of it."
English
I find that from the
i law up-
son who would á
Turning then, to the
on this subject;! ~
earliest times to which their judicial
annals extend, down to the present day,
this perogative • of pardon has been
conceded to, «id exercised-by, the Eng-
lish Sovereigns. It is exercised as a
matter of right, pending, criminal pro-
ceedings, and both before and after con-
viction- *• • ^ ;
In Bacon's Abr. 7th Vol. p. 496, I
find it stated: " It is laid down in gen-
eral, that the Sing may pardon any of-
fence whatever, whether against the
common or statute law, so far as the
public are concerned in it,. after it is
over, and, consequently, may prevent
a popular action on a statute, by par-
doning the offence before the suit is
commenced." The same doctrine will
be found in Comyn's Dig. sfcl
In Bishop on Criminal law, p. 766, it
issaid: "There can be no pardon of
an offence until it is committed; for
immunity earlier granted, would l«e a
license, which can proceed only from
the legislature. But the guilt being
incurred, it can be remitted either be-
fore judicial proceedings are underta-
ken, or during their pendency, or after
their termination, and whether the pun-
ishment has been partially or fully en-
dured or not-"
See, also, I Kent's Com. p. 283; 2d
Story's Com., pp. 311, 312, &c.
Butif any other authority were want-
_ on this subject, that furnished by
the Supreme Court of the United States
in the case ex parte Garland, decided
on the 14th January, 1867, is ample
ind complete. This alone is sufficient
to determine my action in the premises.
The Court, in speaking of the pardon-
ing power of the President, under the
Constitution, say: "The power thus
conferred is unlimited, with the excep-
tion stated j (i. e. cases of "impeach-
ment) it extends to every offence known
to the law; and may be exercised at
any time after its commission, either
before legal proceedings are taken, or
during their pendency; or after convic-
tion or judgment. This power of the
President is not subject to legislative
control. Congress can neither limit
the efieet of his pardon,' nor exclude
from its exercise any class of offenders.
The benign perogative of mercy re-
posed in him cannot be fettered by any
legislative restriction, Such being the
Case, the inquiry arises as to the effect
and operation of a pardon. On this
is full it reaches the punishment and
blots out of existence the guilt, so that
in the eye of the law the offender is as
innocent as if he had never committed
the offence. If granted before convic-
tion, it prevents any of the penalties
and disabilities consequent upon con-
viction, from attaching. If granted
after conviction, it removes the penal-
ties and disabilities, and restores him
to all his civil rights. It makes hifn,
it were, a new man, and gives him a
new credit and capacity. There is only
this limit to its operation : it does not
restore offices forfeited or property or
interests vested in others in consé-
quence of the conviction and judgment.
And, it is worthy of remark, that a
minority of the Court who dissented
from the opinion of the majority re-
specting the constitutionality of the act
of Congress then under consideration,
assented in the main to what was de-
clared to be the legal effect of the par-
don. Mr. Justice Miller, who deliver-
ed the dissenting opinion, says: "I am
willing to concede that the Presidential" •
pardon relieves the party from all pen-
alties ; or, in other words, from all the
lishment which the law inflicts for
offence; but it relieves him from
nothing more."
In the case at bar, as in that, a deed
has been produced from the President
of the United States. It -has been
properly pleaded in Court. It grants,
upon its faee, to the said Thomas J.
Devine, "a full pardon and amnesty
for all offences by him committed, aris-
ing from participation, direct or impli-
ed, in the late rebellion," upou certain
conditions, and which conditions have
been complied with. Its effect must
be, then, according to the principles
and adjudications, both of the English
and American law, to relieve the defen-
dant from all penalties attached to the
offence of treason committed by his
participation in the rebellion.
It has been suggested in the argu
ment by the learned District Attorney
of the United States, that the pardon
should not be held to extend to the
overt act of treason charged in the first
indictment, and alleged to have been
committed on the 6th day of February,
1861, on the ground that the rebellion
iu Texas had not then commenced.
But the point was not pressed, and
cannot, in my judgment, be maintained.
Strictly speaking, a State, as such,
may not have been in rebellion against
the authority of the Uuited States,
until the formal act of secession was
passed, but citizens who, in contem-
plation of this act, engaged in hostile
proceedings against the government
and committed overt acts of treason,
must be regarded as having engaged
in the rebellion referred to in the par-
don. The rebellion was one continued
insurrectionary movement, commenc-
ing with those who committed the first
overt acts of treason and hostility, and
f an! j continuing down to its close.
In regard to the power of the Presi-
dent to grant pardons, I here take this
ion frankly to admit that
occasion
my im-
pression had been, until recently, that
he could, under the Constitution, only
exercise the power after conviction.
But, at the same time, 1 must be equal-
ly candid to admit that I had never in-
flated the subject. If I mistake
not, this impression has been very
general among men of the legal pro-
fession, growing out of the feet, as I
suppose, that no pardons had been
granted by any President of the United
States (so far as I am advised) except
after conviction, until the late war.
But an investigation of the subject has
satisfied me that its exercise cannot be
restricted to such cases. As to the
policy of granting pardons before con-
viction, it is not my province here to
speak. With this I have nothing to
do. I have simply to deal with a legal
.question, according to the best of my
understanding, and to take such action
in reference to it, as is supported by
well settled legal principles, and which,
in my judgment, is rendered obligatory
on me by decisions of the Supreme
Court of the United States.
The judgment which I shall render
upon the legal questions presented is,
that the demurrers to the deft.'s pleas
in bar in these cases, be overruled, and
said pleas sustained; that the-indict-
ments be dismissed and the deft.'s
recognizances discharged, and that the
defendant himself go hence without
day.- | X, '
and these
Remarkable Discovery.—A few days
ago while some workmen were exca-
vating a cellar in Polk township, Mon-
roe county, Indiana, the workmen
struck what at first appeared to be a
solid ledge of rock, and sitting down
to rest one of their number began idly
to pick at an apparent fissure, when a
block of stone, nearly two feet square,
disappeared with a dull thump. The
men went eagerly to work, and remov-
ing the bottom of the pit, disclosed a
chamber with a six-foot ceiling, and
eighteen Jby twenty-two feet within the
walls, which are of solid, neatly seamed
stonework. Ranged in rows on rude-
ly constructed platforms, were twelve
skeletons, each with a tomahawk and
arrow heads at their sides, earrings
and bracelets of solid silver lying where
they dropped, and piles ol what ap-
peared to have been furs, in the center
of the platform, each pile crumbling
to dust as soon as exposed to the light.
A number of tools, made of copper,
and hardened equal to the best cast-
steel, were, also unearthed, and fresh
discoveries are being constantly made.
M - ¡¡¡1
To YotrSb Men.—How, after the du-
ties of the day are over, do you em-
ploy your evenings ? This is a ques-
tion of importance. If you have no
regular sjapioyment, no fixed pursuits
to engross your attention and operate
as a stimulus to the mind when unem-
ployed* you must, of necessity, have
many leisure and unoccupied hours—
intervals when time will haug heavily
on your hands, and suggest the neces-
sity of some means to relieve it of its
The very time which is dissi-
idleness, would, if devoted to
study, enable many a young man to
obtain eminence and distinction in
some useful art.
JAMIE.
" Father, where is our Jamie to-night-
Jamie so bold and gay ?
The twilight shadows are &Uing now,
Why does he stay away ?
Jamie is handsome, sad manly, too,
And he *¡11 be good and f
But, Father, why is our da>
A staying away so late V"
" Our noble boy is a child no more,
He las groan to man's estate:
He 1ms gone a courtiug Minnie Gray,
„ The reason be stays so late;
For her golden hair and eyes of blue
•Have stolen his heart away,
And he goes in the holy twilight hour
A wooing sweet Minnie Gray." '
" Why does the maiden lure him away,
Now we are growing bo old? 4: s
Ah! we have siuelded him all his life,
Our love has never grown cold;
The maid can never love him as we
Have loved hiia all his years,
Who have led him along the path of life,
Sharing his smiles and tears."
" But, Millie, remember long years ago,
When I was handsome and gay;
And you a maiden so fair and sweet
That you stole my heart away.
I had a father old and gray,
And a mother kind and true,
Who loved me fondly all my lifi
But my heart went out to you."
A bluBh crept over her withered cheek,
Her eyes shone clear and mild; Si
No longer she chided the lovely maid
For winning away her child;
She thought of the long ago, when she
Stood close by her lover s side
In the little church, and the man of God
Made her a happy bride
our
UNIFORMITY OF CURRENCY.
lettebs of samuel b. rugoles ano sena-
tor sherman. *
The following letters^ from Samuel
B. Rugrcles and Seuator Sherman in re-
gard to a uniform currency are pub-
lished. Both these-gentlemen are now
_ ¡.in Paris, Mr. Ruggles being a delegate
from the United States to the "Inter-
national Committee on Currency.
mb. ruggles to mb. sherman.
Pabis, May 17, 1867.
My Dear Sib: You are of course
aware that there is a special Interna-
tional "Committee," now in session at
Paris, organized by the Imperial Com-
mission of France, to sit simultaneously
with the "Universal Exposition," and
composed of delegates from most of
the nations therein represented. Its
object, among others, is to agree, if
possible, on a common unit of money
for the use of the civilized world.
It is not improper- to mention that
the opinions of the committee appear
to be running strongly in favor of
adopting as the unit the existing
French five-franc piece of gold.
May I ask what, in your opinion, is
the probability that the Congress of
the United States of America would
agree at an early period to reduce the
weight, and value of our American dol-
lar to correspond with the- present
weight and value of the gold five-franc
piece in France, and how far such a
change would commend itself to your"
own judgment ? -'1
I also ask the privilege of submitting
your answer to the consideration of the
ommittee. .
commi
With high respect,
Your obedient servant,
Samuel B. Rugóles.
beply.
Hotel Jardín des" Tuileries, 1
May 18, 1867. j
My Deab Sir : Your note of yester-
day, inquiring whether Congress would
probably, in feture coinage, make our
gold dollar conform in value to the
gold five-franc piece, has been received.
There has been so little discussion in
Congress upon the subject that I can-
not base my opinion upon anything
said or done there.
The subject has, however, excited
the attention of several important com-
mercial. bodies in the United States,
and the time is now so favorable that I
feel quite sure that'Congress will adopt
any practical measure that will secure
to the commercial world a uniform
standard of value and exchange.
t The only question will be, now this
can be accomplished.
The treaty of December 23, 1865,
between France, Italy, Belgii i, and
Switzerland, and the probable ft quies-
cence in that treaty % Prussia, has
laid the foundation for sucha standard.
If Great Britain will reduce the value
of her sovereign two pence, and the
United States will reduce the value of
her dollar something over three cents,
we then have a coinage in the franc,
dollar, and sovereign easily computed,
and which will readily pass in all coun-
tries—the dollar as five francs, and the
sovereign as twenty-five francs;
This will put an end to the loss and
intricacies of exchange aud discount.
Our gold dollar is certainly as good
a unit of value as the franc; and so the
English think of their pound sterling.
These coins are now exchangeable only
at a considerable loss, and this ex-
change is a profit only to brokers and
bankers. Surely each commercial na-
tion shoul<y>e willing to yield a little
to secure a gold coin of equal value,
weight, and diameter, from whatever
mint it may have been issued.
As the gold fivs-franc piece is now
in use by over sixty millions of people
of several different nationalities, and
is of convenient form and size, it may
well be adopted by other nations as the
common standard of value, leaving to
each nation to regúlate the divisions of
this unit ia silver coin or
If this is done France will
abandon theimpossible effort of making
two standards of value. Gold coins
will answer all the purposes of
pean commerce.
standard will
of which the United
the greater part,
Chinese trade.
I have thought a
the object you
readil;
iBr
party to the
could not
ard, nor
Wit
The United
will have
existing c
but as contráete are
even the reduced dollar in
of more purchasable value
currency. r
We can easily adjust the
with the public creditors in the pay-
ment or conversion of their securities,
while private creditors might bo au-
thorised to recover upon the old stand-
ard. All these are matters of detail to
which I hope the commission will
direct their attention.
And now, my dear sir, allow me to
say in conclusion, that I heartily sym-
pathize with you and others in your •
efforts to secure the adoption of the
metrical system of weights and mea-
sures.
The tendency of the age is to break
down all needless restrictions upon
social and commercial intercourse.
Nations are now as much akin to each %
other as provinces were of old. Pre-
judices disappear by eoatact. People
of different nations team to respect
each other as they find that their dif-
ferences are the effect of soeial and
local custom not founped upon good
reasons. 1 trust that the Industrial
Commission will enable the world to
compute the value of all productions
by the same.standard, to measure
the same yard or metre, and weigh by
the same scales.
Such a result would be of greater
value than the usual employments of
diplomatists and statesmen.
I am, very truly, yours, J. Sherman.
The commission recommend that a
proposition shall be submitted to the
respective governments of France an^
the United States of America; that tho
government of France shall issue, in
addition to its present coinage, a gold
piece of twenty-five francs, and
the government of the United States in
its future issue shall reduce the gold
dollar to the value of five francs, and
shall bring the other geld coinage to
the same standard.—^
gencer.
The Gbasshoppeb Plague.—The joy-
ful announcement ihat nothing was to
be feared from the grasshoppers
pears to have been premature, and
gravest apprehensions have 1
The Leavenworth Conservative, 0
loth, thus speaks of the sign iu
region :
'That the
prove second in
drouth of 1860, we _
time question. If any are still
ing the hope of exemption from
ages, a brief visit to a few of the
dens in the city, a few in Salt
valley, Ehart's, on the
and a glimpse
Platte couuty,
illusion and banl
the breast of the most
The same
Ft. Leavenworth,
paper has the following:
Editob Cosskbvative
in
made
June 11, 1
of
that now j
two weeks j
the half-grown and
grasshoppers of to-day.
Post they «m
number than in
seem to be going east
shift with the
going east, then
When the time comes for
journey however, the Missouri river
will cut it in that direction very short
at a certain point. Millions—no quin-
tilliona—of them turn in a different
direction altogether when they
than mm" '"ÜmI
. But to the "ucw phase" of,
which I have not seen in
day here, in
they meet ol r, of
M £*
their
so that
a msyority of thei
then go to work
them as ants do
ere in the
armed
meat of these
Gardens
cornfields, have
I know from a
of how
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Josselyn, Robert. The Texas State Gazette. (Austin, Tex.), Vol. 18, No. 44, Ed. 1 Saturday, July 20, 1867, newspaper, July 20, 1867; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth180438/m1/1/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.