Shelby Volunteer, Volume 20, Number 25, Shelbville, Shelby County, 25 February 1864 — Page 1

SHELBY

VOLUNTEER.

VOL. XX.-NO. 25. SHELBYVILLEj IND. FEBRUARY 25, 1864. WHOLE NO. 1019

CHE SHELBY VOLUNTEER Is putlishJ ttety Timrvlay tnorsin? at Shixbttilli, Sa-I'-y C uniy, la.tiar.a, by REUBEN SPICER. TEBMS: 01.50 .1 INVAUIADLT IN ADVANCE. at piUt until thepirati 'n -f 0 tnr,i!t!ui, 1.? nt ivii.l until t r- ev nr.iti i;i of tU-j jer, S!,U Xjtutera wiil N rii.Uy alii tk1 to.

RATES OF ADVERTISING I Tt lin" Nonjiariel or its e-iuivalerjt in space eonttut4 i ywv,

j I vT7 I :. : in ti m. l.v'rj .tuix. r, i .-' f slant ) .,,eu 1 Sob jVenrV. l.nn :.' 4.i: I T.eoi tn.oi o.lumn. 4.'" ! 7.l j t M I OO.Ql colnmn. I ' lf I -JO.tQ I ?',.Q:) .olnmn. i I ' '-?.'' I rt Vim I 70.00 x.

JTT Xotirv in t'n "" )i iv.tic c.il'imn will be charged nt. in I lition t- fie n'mve rt. JTjr Vt I transient a lvertisenwnts must le paid for In arfttm. f. JTjy '."n a 1vvt:"nent mnt V puM for in 1rirK, or t irtmiiMe po?- rt rnmt the payment if th nw )c Xp ntin. Lent ivlvtM-tivment ill be charged fifty rtl vinr fr wh inrftnn. I nnmiry-envnt of rrirriai" an 1 Wths erat:. aivertisiiig rates will Ij charged for all oWtuary v ar . JJ3" Vnnonncin;; caii'li lates for ofrlca 5- always in atit. A itiirr-tiontrv I W'l tv will extended to all .Otlee of a r!i?i'u4 a-i 1 c'l-irit-iM nature. Try Advertiser! will Ns rcstrictel to their legitimate lusipets. JOB FEINTING The special attention of l iii:n mn, an4 all others re Virin? any spoc'.'.-s uf Jolt Pn:.:::'.s, such at Cards, Giro ill: it , IInntllil, Posters, Blanks o frill It in. els, I'jvmpHlots, iSr-c, lsnl!,'l t.) the fi.-t that the VOLUNTEER J03 OFFICE nas been r-fUM with a Villi an 1 Cmr-plete assortment of Plain an l Fanry Job Type, Borders, de., if the l.ntest an'l Most Aprovi-l .tyl'-. which. inhe han.ls jf eomr-vti'iit nr'.cin i-i. t-ni l -s ineta eecute any variety of !h rrintin; the cn-nnnnity may !e ' 1 ' "rMcr. in a ityle uiiHHrpao I f .r ncatni -.n h vt notice. a;nl at piices Jefyinis competition. A trial i respectfully solic;t.-d. An ample artment of I'.ir.ls, Cap, l.t-tter, ami colored per always on hand. UUShXES DIUE(rr0UY1 MISCELLANEOUS. Shelby Co. Auctioneer. n AVI til taken out a licens nnder tlw Rational fcxds-J l.txas Aitctionevr for !i Ily County. I am prepared t attend t all hminess ix t'l it line, and herd y notity all persons seltiirc at ya lie utcrjr without lic iim, exf cpt as j.rovidelin si d U v, tint t'.K'y lay themselves lialdttoa ueualty orS.iO. Asl lrcss v JERRV WEAK LEV. Shelby Tille, Bee. 4, I."2. 1UCIIARI) XOIUILS, Comity Surveyor siir.i.iivviM.i:, im. Special attention riven to the drawing up of Pecds.Mnrtfai", andallconvcjiu.ces, wherein a descri tionof land is re luired. N.K. When a' sent orders n.ay I e left at the Recorder's Olfiee in the I'onat ll..ue. JAMES L. CAPpT" Toavh Oontsille. ' S I1FL I WILL E, 1XD1AXA. All business intru&teil with tiu promptly .J atteiulcvl to on short notu-o. OXceatrs j. Brown's Leather Store. Wet ride Harrison Street, ud dc-or South of Volunteer OiV.cc. ; fl.e!lwine. Oct. F. tf. $. ft. CCM. A.C. DXWjgi Wnilt-ES ALE AN? RET:L DE.Vtt RS IS jBOQTS eV SHOES, Ci lean's 13iocU, Past u'As:iiy(i7oy -n?.rr 7, IXDJ AXAP0L1S, IND. Xat asrtmnt of ?h e. 0 -.iters. for Wemen, Misses a 1 Clul.lreo is unsu;-;.i..e 1 ;n the West. mrly PROFESSIONAL CARDS.

v OSce over Post OlV.ce in u s tore, suiatiYvii.i.i:, ind. . Ti'rticnVir at tent! m given to ihi c.dlectioa of Soldiers ,ctaimi, IVus'.ons, Hick I'ay, 11 .tu.ty, ic. JillRTIN M.R.VY, THO'3 W. WOOLEN. MK l ivv'.l'.e, tr. 1., Franklin, lud. RAY &. WO,OLEN, CVUonicns at Cntu, w I.XDIA AlOLIS, ISlt, WILL PRACTICK IX FEyKRAL AXl) STATE COURTS.

Oae or't'i oVrt of the n will always V found t their i jrSce, Ss- 10 & 1 N 4- I' ll Ktt ila.l.Uug, SvUthnf l.st 0:h. JNav.6-ly v- . , it. r. i.ovr, ATTORNEY AT LAW, ifEce North-West cornr T 'lie 5(;)iare,otr Fori' Store, f SUEl.r.VVULE, INIV. Prompt nHention -r.vea t t'.e collection if ctims. Ine'.u Jf i-d-Ur cUiau Ivr ll-junty Money a.vl l'niot!S. TMO. i.. 'f LP. J. LOMH5C ?trt!rKJliaiT. nui.txn v ioTt;o.ni:itv, A TT b R X V S A T L A W . ill practice In the 4t d .ith 3m li'MalOiimlts-irMlCom-"on Pleas Courts therc-.f, als,i in the Supreme ami FedrI CftotU. peefl aitf atn n w to the rolieetien of , liiu. VJtc over JLr. Koias' Druj !icr. Shell -j-TilU Ic)Un. , v ' . , n ' jmrs iiAituiot ATT 0 R N E Y AT LAW ? ti . . . , 03rnr Htrrisnn an 1 Franklin Streett. ecnj itcry taUfti Citt dr North of Pojj OCw. rtn fiHiujrviLU pr.

N El'J CASH STORE lIVow Goods, Yo. 29 Itatj Mouse, fllllE ritlzers of Shell y conr.ty are repectfully nof.Sed J tliatat the above location tlicy will lniCail full assurtaieut of of every a; title jiertAinins to the BUY' GdMMBS

Trade, Vrrhtat the T."n-e?t Rates fornh. and will he sold lor the same. I tlia'.l aim U keep kj st.ck of ADIES DRESS GOODS Uj CLOTHS, CASSIMERES, TWEEDS, Flannels, c . . ! full and complete. Having had a rum' er of years experience in the trade, I .n less ime knowledge of the l usinoss, J aud exercise the Mine in the selection of u;y jroods, and it is seldom that an iuftrior article ispalmel upon me. I have on hand the remnant of a lare st. ck of READY-MADE CLOTHING. which was j urchawd l-efore the raise. and will positively V sold at first cost, to close out the stack. A full line of BOOTS SHOES, Hats fi.ia.cl Cfiipss. Don'tl ileceived,hitcall and examine my stock refore ptirchasinj elsewLcie. lienitml er the l lace. No. 5 Hay llou.se U wi. l'EKUY 111TTEL. J. H. M'GUIRE 8l CO., nAVINtI permanently locateil in Shelhy ville, are now manufacturing and ',', ket p constantly ouhuud,a full a.aui t-nt of DOUBLE AND SINCLE CARRIAGES of the various Styles now in use. We have no hesitation in sayinr that we are now selliag for loss money than any other tst.iblishn.ent in the State, PLATFOIMI AXD ELLIPTIC SPKIXG All Work Warranted for One Year, AX EXA?IiafATIO OF Ol STOCK 1 so I-It ITDDl V, Ilepniriiii? I)onc to Onlcr. AVARS ! AXD HUMORS OF AVARS, 4 RE heard on all sides, and many " loyal men" are exl oreised about the I'oiiserivtion, hut t-i u;jr exempt from I military duty, and kno-.vinir that the people, especially the ' ladies, and those like myself, exeli pt. will desire t' know j tl; time of day and not unlreijuently adoi n their persons with odd and silver ornaments. 1 hive "changed my hase of operations"' one door south of my former location, to the room formerly occupied t y X. tioodr'ch. and first door North of lleiss' l'.a.ery, 'Aleoe I purpose keepins Constantly on hand a l irtreao ! vari.l ussoi taietit ol thirty hour and eight day ttcizht ami spring CLOCKS, GOLD AM) SILVER WATCHES, FIXE JEWELRY, &e, I shall also keep constantly en hand an assortment of REVOLVERS of the latest and most approved patents, which, of course, will sold to the truly "'loyal" only. n i .f f si i .r a fall kinds done on short notice and in a workmai'.iVe manin r. Those desiring any article in my line will save raoney hy shin; me a call. A. J. HlGulNS. Shelbyviilt, Junel?G3. tf NEW STOCK just i:i:ci:iVKi) at the POST 01-J-iCE DRUG STORE HAVING i-urchased the stoeV ar.d fb.tures heretofore ke t l y j. . More,;', am! h.ivu s larelv iucrea.ed tue same. 1 am n w jre.ap i to say to t;,e cit zei s of this city and ss-!i y county that hen-after I will Seemihled to axmuttalate my cut.u ers Uheveryihins leloncii-eto the vari ou hunches of the M;li &. Al OTII KC A HV TKMK. Particular r.tter;ti m piren to PKr SCKl PT10NS Nicht ard day this art..f the I usitiess necan au-n-t tVin cuntievtion uh priuc:p'e- ot Science and Chen itry PHYSICIANS will find try st-ck full anj complete, and rrievs as low as thel.iest. .:eo! j-ct i nvy I uiiiess shall UetosatL fv tlcar,tj:i)li:!,vsoithei.u'.Uc, and not the money. A call lsolicited. UUtU' J. II. LEEFERS. The Highest Market Price in Cash Paid for W 0 0 JL ! AT THE SllELBV WOOLEN FACTORY, One mile Wet cfEheihyville, Iiid.,1

SPEECH OF

Hon. THO'S A. HENDRICKS, ON THE PROrOSED RULE OF THE 5EXATE QCIRIXO A TEST OATH OF SENATORS. REDelirered in tbe Sjr.te of the UniUl States, Jan'ry 20, XI. She Senate haring nnder consideration the resolution requiring $enafrs to take an oath to support tb; Constitutiua, Mr. Uesmuck stud : Mt. PresMeht, ly the Constittition of the Unite! States it is required that Senators anil Iieprpsentative's fhall be bounJ br oath or atTlrma'inn to its eunnoit, ami no other oath or affirmation was taken by any Pcno'oror Representative until the present Congress; nor was it sought to impose any other oath until by the act of 21 July, 1802, it was required that the party assuming any office ot the United States shall fiit by solemn oath declare, not only liis fidelity to the Constitution in the future, but that in the past he has not voluntarily borne arms against the United States, ncr given aid, countenance, counsel, or encouragement to persons in armed hostility thereto ; and neither sought nor accepted norattempted to exercise the functions of any office hnder any authority or pretended authority in hostility to the United States, nor yielded a voluntary support to any pretended government, authority, power, or constitution within the United States hostile or inimical thereto. When 1 took my. seat in this Chamber as a Senator from the State of Indiana, although J did not believe it could ljghtlully be required, yet, lest my course might he misunderstood by some and misconstrued by others, aud as there was nothing in the oatli to which 1 could not without any reservation bind myself, 1 did not contest the question, but voluntarily, upon what I esteemed a proper explanation, complied witn tlie requirements ot the act. But, sir, when it is now sought by a rule of tiie Soenate, proposed by the Senator from assachusetts Mr. Simjncr, to require ll'is oath of all Senators who may hereafter demand seats in this body, I will nod give the proposition my vote or support. Whoever conies here, being duly elected, and having the qualifications prescribed by the Constitution, has a right to his seat, and his State may well demand it for him. The right of his State to be ivp-. resented b' him is conferred by the Constitution, and can not be denied or impaired by any rule of this body or by any act of Congress. I will no. slop to inquire whether the language of the act, considered in the light of established rules of construction and of adjudged cases, includes Senators anil Representatives; but will maintain that if construed to include them it is so far in conflict with the Constitution and null and void. Nor will I stop to question that terms may be added to the oath of obedience to the Constitution required of all officers, but such additional terms cannot add to intake from the qualifications prescribed by the Constitution. The Constitution piovides that 'iio person shall be a Senator who shall not have attained the age ol thirty years, and been nine years a citizen of the United States, ami who shall, when elected, be an inhabitant of the State for which he shall be chosen." A person not thirty years ol age or who has not been nine years a citizen, or who is not an inhabitant of the State for which he is chosen, is net qualified to be a Senator, but all other persons are qualified, and there is no power in the Government to disqualify or rentier them ineligible. By declaring these three circumstances of disqualification, touching the age, citizenship, and residence of the party, the Constitution excludes every other disqualification. The rule of construction is well stated by Story in his work on the Constitution, lie says : "'It would seem but fair reasoning, upon the plainest principles of interpretation, that h,fn the Constitution establl-hed certain qualifications as necessary torolhoe, it meant to exclude tuj .others as prerequisites, r roni the very nature of such a provision, the atiirnuttion of these qualilications would seem to imply a negative of all others." 'A power to add new qualifications is certain iy equivalent to a power to vary them.'' The Senator from Illinois Dir. Trntri

bull cited the oath required of Unite I j tere I upon every side, the broken "colStates dodges by the judiciary act of lTMD umn and arches" of our institutions, and claimed it as a conclusive pixvodntjThen will arise the questions that apper and authoiity upon tue question. With tain to a state and condition of peace. great. deference to that gentleman, both To ietoie and reestablish will then be lecause of his conceded ability as a jurist the duty of the statesman Is it not well, and because of his position iu this body now, sir, to anticipate that condition of at the head of the Judiciaiy Committee, our affairs, and to nvoi I that which may I cannot admit that he has found either a render the duty and labor of reconsttucprecedent or an authority for the measure tinn more difficult ? lie now advocates. It is true that t lie j For myself individually, for the State Constitution requires the judges to take! which in coaneeiiou with my distinguishan oath of obedience to it ; and it is also:ed colleague, I represent, and forth? great true that the act id' 1789 adds terms to J political party of that State, of which 1 that oath ; but has it escajed the atten-jatu a member, I declare the restoration of tion of the Senator that the oath of offheithe American Union upon the basis of the required of the judges is in' no respect j Constitution to be the highest political retioactive, but us altogether prospective! good we ceek ; an. I. sir, 1 will aid t dig and looks only to a faithful discharge of !no deep ditches and to build uohigh wall

the duties of their high office ? By the terms of that oath, no qualifications are; superadded to the qualifications prescrib- J

ed b the Constitution, and no persons J ment ; to tear down the walla bv this are by it excluded from the bench whoi Administration already built, aadihrow areeb'gibleundertheConstitution. When ( bridges across the ditches already ting, a judge ot the United States courts swears t that the people may come together again that he will obey the Constitution ai d: and dwell in htrmony as in the davi of "will administer iii-tie without respect jour fathers. This is demauded bv evrrv

to persons, and do eqnal right to the poor iU , . n. impartially uii-uur-c and peifoim ill the duties incumbent upon him'.' he gives a solemn assurance of 'official fidelty in the future, but ho look nun tai. a -"- a t

not over his past life ; nor is he required to forswear either follies, faults, or crime, lie is not denied the office because he cannot swear that he is without fault in respect to the law, the Constitution, or it may be, his allegiance. But, sir, the measure now before the Senate is almost if not altogether otherwise. It is not prospective, nor does it seek to eerure fidelity i a nffice ; but for

the most part is retrospective, and seeks to exclude from seats in this Chamber persons who are not excluded by the Constitution, and to establish qualifications unknown to that instrument. It cannot be said that tho proposed rule requires an oath but does not prescribe a qualification, for if tho oath be required an entire class is excluded, ; as effectually excln led as if the cause were interpolated among the disqualifications prescribed in the Constitution. Could this body by a rule, or Congress by a law, require Senators before taking their seats to take an oath that they are ever forty years of age, or that they have been twenty-one years citizens of the United States? All will agree that it could not be done. And why not, sir ? For the obvious reason that it would be going beyond the constitutional disqualifications, r.nd attempting to exclude c. asses not excluded by that instrument. The measure before the Senate is proposed by the Senator fiom Massachusetts, (Mr. Sumner.) Will that Senator allow me to remind him that when betook his sett in this body, twelve years ago, Senators of his political views were in a small minority ; that both branches of Congress were controlled by men who, standing upon the adjudications of every department of the government, believed that the Constitution not only allowed, but required legislation on the part ol Congress securing the return of fugitive slaves ; and that good faith, as well as the haimony of the se-rt ion sand the unity of the republic, required that the laws enacted for that purpose should be faithfully executed. As 1 understand, that Senator came with avowed convictions adverse to the constitutional power of Congress to enact laws upon that subject, and disclaiming all obligation on the part of the citizen to aid in their enforcement. Now, sir, had Congress by law, or the Senate by a rule, required that Senator, before taking his seat, bv nolemn oath or alnrmation to declare that in the past he bad lie pas set or given no countenance, counsel or encour agement to persons engaged in resisting the execution oftha fugitive tdave laws, and thai in future he would be loyal to their requirements and obligations, what course would the honorable Senator then have felt it his duty to pursue? If animated by the lofty peutiments of the great men his State had produced, he would have returned to her, and at her foet laid down the coniiiiis.s'oit she had put in his hands ar.d tho robes of office she had placed upon his shoulder, and made report to her that he had been denied his seat in a ".Senate of equals ;" that terms had been required of bint unknown to the Constitution ; and that it was for the ancient Commonwealth to maintain her Federal rights and equality, and to vindicate her wounded honor. To resist the laws of the United States in South Carolina is a grievous crime ; but, .sir, is it any less a crime in Massachusetts ? Th'3 act of cither State disturbs the foundations of public authority ; and, upon principle, as well maj- test oaths and solemn disclaimers of crime be required of Senators from the one State as trom the other. As a question of constitutional right, he who comes here, being duly chosen by a sovereign State, and having the constitutional qualifications, is entitled to demand his seal, and to deny it is to break the Federal compact. The proposition before the Senate, Mr. President, involve other nud quite as important considerations. It reaches lo quctdion involved in the reorganization and reconstruction of the Federal Union. This war cannot contiiuie forever. The time will come when it shall have ceased to agitate the world, leaving, it may be, scenes of desolation to mar the face of our countrv : society titracted ; and, scatj to eparate the peopje of the North and of the bouth ; but will the rather labor to remove every obstruction and jmpolij consideration resting upon t,c glories l iiie n.ts me the pas, the interests of present and the hopes of the lututt?. When the war

shall have donoits woik bv hreakiti" thee.f; the 'rights betwren man and n.an

tiuiioi tad deatroyiug the miliiary yow )viwuf

of the rebellion, upon what principle and J

plan are the States and people to be brought together ? The proposition be fore the Senate rests upon the measure of the entire ubjngation of the people of the South and the policy of holding them in such subjection by the military power of the Government, treating each person who may have been connected w ith the rebellion as a public enemy and disfranchised criminal Vast, sir, as our re sources are, they aro not sufficient to maintain permanently a militaiy force Mich at this policy would require ; firmly fixed as are the principles ol civil liberty in the American mind, they cannot withstand the influences of a standing army of such gigantic proportions ; and strong as our position may be among the nations of the civilized world for the great qualities which we have displayed, yet we may not with impunity defy the judgment of mankind by the treatment of a conquered foe that would find a parallel only in the case of broken, bleeding, glorious Poland. Tho civilization of tin's age, the perpetuity of our form of government, and the great interests of the people which would cluster around a restored Union, demand that the returning Mates come with all their "dignity, equality, and rights unimpaired ;" and that to the people, with such exceptions as the public safety may require, a free pardon be extended, upon the condition only of fidelity to the Constitution, the Union and the Hag. Aside from t!ie considerations-of policy, is not the sentiment of magnanimity, kindness and generocity toward a fallen foe an ornament to manhood, appreciated and honored wherever found, wheth?r in individuals or nations? Sir, if our country can be saved and ancient attachments revived, who is so base as to in terpose his animosities to delay or hinder so great a blessing to the world ? The appral to passion is easily made that Davi, Toombs aud Slide!!, an ! their associates, the leaders in the rebellion, must not be allowed t resume seats in the Senate, and we often witness a vast deal of patriotic indignation at the iijentionofsiicha possibility. Now, sir, I cannot express sentiments of such decided gratification at such association as have been attributed to tho distinguished Secretary of State. I have not entertained the thought nor contemplated the possibility, for tho plain reason that they can never come here as Senators. The failure of the rebellion is their failure, and it.s fall their fall ; and they will le occupied rather in looking alter their personal safety than in se diiug official positions For the authors of t he rebellion 1 bftve no defense to maku and no apologies to urge. Within the Constitution they might demand, and the Northern Democracy cheerlully conceded and fought to maintain, the l ights our fat Inn s agreed they should enjoy, but outside th$ Constitution they are entitled to neither our support nor sympathy. But, sir, iu the Southern States there are millions of persons who did not contribute to bringing on the revolution, but i,vcr whom the government le facto of tho Conlcderate States was etaldished, and which has asserted and m.iiutainc I its authority for nearly three years. Officers were chosen an I laws enacted whose authoiity in livi duals could not t-ucce-sfully resist: Taxes were paid, wrjts obeyed, commercial regulations respected. Confederate currency paid and received, anl military levies enforced and all under the authoii ty of a government de facto, and in the absence of the protecting power of the Government of the United States. Is it right, is it just to treat a people so circumstanced as criminals, to whom no pardon shall be extended after they shall have returned to their allegiance except upon terms humiliating and debasing? During the debate upon the confiscation bill in lVC'J. the hoiioralde Senator from Venuont Mr. Collainer expressed views upon this subject so forcible in theuiiudves and coming from so di-tingnih-j ed a source, that 1 may with refer to them. Ba said : u I will remark another thing. 7hc(3 men have e-tahlis-hed udejactt government over that people. Ifauiun lind himself in a de Juclo government which . he cunnot resit, nnd has no power to control, what are tho limits and iiiceureti of hi obligations ? It require t brave man to say that lie will resist it because he thinks h is a - uurpution. It would be u hold man who would say now. 'The Unite 1 States niaie. a rebel lion agiunst England, and all the present power you have, National and State, i itself but a usurpation ; I de not owe it any obedience and 1 will not lry it.' llow idle it would be for an individual, a weak i:i;.n, to ttlk in that way. Ju.-t so it is with the puopla in tlmse States. However loyal tbeir feelings, a government de facto is over thMii ; they .cannot get away; they have nowhere to go;" they havo nothing to go with. What would you have a man there to do ? What has this nation a right to demand of him? . Bat it is said 'men htv. actually taken office there under tint government; they have had the audacity to do that air.ee that government has been established over thein.' I d not profess to bs very highly ver-eJ in the ethics of polities," but I am fond -f looking Vt t-xample that are bright and high. At the time of the reMIion under Cromwell. hich had established a truverumcBt ue jaeto over

the people of England, and had put down the j tho rebellion be mair.iaiu i, tul jrxt aly to exbting government, application was made to i tn uiodtfit.ition mado Jjeccsary t y tbecocChief Justice Hale a n.an whose character jditior hcreiiiUfor" .-tatd, anduV h "-:bi-r.,'ift dtar.ds n hirh, perhaps, as any in the annahof ( any! net ' i-or.tmverd.'.g sidd con Jit tons, and Christian jiTdg to take the place of Chiel't which may W dsio,-d csp'lici.t by tbt Jutie, he ! eirsg ipp'ed to that giern men t. j framing thj nw s-'j g vernr.;;it.". 1 .

XrfK his coneluW -dustic J list CO llate consnueo irir.. o-uu, nr. y

ill UelilratKn came to tiinustbu adti.inistor-'to

4adjuJgcvl ujton wmcwly,- tuus. hvii wuxn;

can consider it conn to ult ia fe t-rJcr

a dtfactd government, ti.v..gh :t i a uurptioti.' lie tool it, ar.d tl.e t:-'n i rnt ad judged guiltv of treas. n i:p-a t'.e rot jatita of Charles II: lie cont'.r.uvJ in --it!cri .ven nfierwiir h. In all the trrul!c Utwv-en tb Louse cf Y rk and tho hn cf Ln?r.ter, in the war$ f the Ho , l. n revolutions wcr constant and fmjuent, i.e day a msn f this family up jn the thrvtii and the rest oNv on of the other, u early a the jv-riod tf lfcnry VII. a st.-tttite was pned which h aliJcd in England through till tho revolution nfterwnrd. that no man should l-e Jo'.jui-! guilty of troaitn Uvue he wn obediunt to t to reigning king, no in itter if h i a u.virper. b.;cht sir, i th r'-evt p:d 1 J y the r!J. ai.d c--poeinlly to that part of the wo-.d fru::i which we pring. to a de f iet government, and the nations 'f the onrth tleal with ihciu us avtrn merits, no matter Tvhnt the u.-urj atk r..' Thera accompanied the President re'cent message a proclamation of condi tional pardon to a portion ot the people of the South, preheating the execetive plan of reconstruction, to which it proper iu this connection to refer. By issuing the proclamation the Pre. i dent assumes that the time has now come in the prosecution of the war when it i proper for us to offer teims of conciliation an 1 adjustment ; nnd as the proclamation is addressed to the people iu icbellion, the question forces itself upon every candid mind, is it likely to reach and infiuenco them so as to restore peace and uni-ju ; or, on the other hnd, is it likely to prove 3, a nee ? stumbling-block ana a hiu dcrThat some persons may properly b excluded from executive clemency, I will not now question ; but iu thi proclauiation the excepted and excluded classe aro so numejousand so potential as probably to defeat it as a pence measure. Ot" those to whom the pardzn is offered an oath ia requiied as a con lition s.i d iivtiouabSe iu its terms, and to which such cxtraordinarv conequ nces are attached, as to array againt the m.Mnirs hostility btU in the Sontli and iu the Noith. KntU person is required to swear Ji'c!i:y to th v Constitution an 1 Union. That . is eminently right and proper. Bv.t then IW must alo swear tint' he will "abide ly and faithfully support all acts of Congress' and "all proclamations of the Fresi lent passe 1 anl in t le timing tho existing rebellion having reference to slavery." This language would seem to include laws and proclamations hereafter to be pissed and ma le as well as those already known to thocountiy. An I is it not most extraordinary, aud a ciuel thing that as a condition ! a general pardon, i which th? peace and happines ol the country demand, men shall become bound by oath to "abide by and faithfully support" that which lhy cannot Jviiow ? The great body of the poopb' vl'tho JM'iith, ami a very powerful elenieu; in Noitbeiu society, constituting, as I btlieve. a decided majority of the popl of th Uuited States, do not believe that much of the legislation of the last Congress, ami the proclamations of the l'residcnt on tho subject of slavery in the States, aic sanctioned bv the Constitution ; but, on the contrary, they believe them iu palpable violation thereof, llow, thn, sir, is it proper to require of sui-h men, in the same oath, to swear that they will "hMieforth faithfully support, protect, and del-Mid the Constitution of the United State..." and iu like m-iimer (hat they will "abi !e by and faithfully support" acts raid proelam ttions which they honestly believe violative aud aubvetaive of that instrument ? In bis letter to the Springfield convention of last fall, the l'rcsi lent quaintly paid, "But the proclamation, as law, either is valid or is not valid.. If it is not valid, it needs no retraction. If it is valid, it cannot be retracted any moie than the dead can l e brought to life." 11 not valid, men ought not to be sworn to its support, and it is a liorrihfe condition of pardon that a mm shall ba sworn to the snppoit of an invalid anl unconstitutional proclamation. B:.t if 1, the ' Fresi lent claims for it the force and riTcfc of law- that it did its woik, pmatia vh-

propriety'07" 'T ,uc iutant fiechni ol the slaves; .

an i u so, wuy iuvokc to r.s aid ttia ia:ns of the people so to leg id it ? It indicate adoubf, if cot a conviction, on lb paitof thi' Fiesfdeiit adveise to ita validity, when he appeals to the slayebol lers b' the hope and i?uranee ( pardon upon the condition ot becoming bounby cath to treat their s! ives as lie?. By this last proclamation, the President undertake to asiue the country that whenever s in.iny as one tenth f the voting population ineither of tho States of Atkans.is, Texas, L'juiaijna, "Mi-?i-sippi, Teunessee, Alabama. (ixrgia, Florida. South Carolina and North Car olinA, shall have taken tho oath which he) prescribes. ach one-tenth, excluding all otl iers, ".-hall reestablish Mich State government, which shall be republican ami in nowise contravening sai I oth. and such shall be iveogi;i-;"d as the tnie government of the Stata :" and he tiuggests as not improperuThtt in constructing a'loyid SiaL-t gnrernnier.t in any btat-, the r:tr:e t f th iirute, tlx; boundary, the stdiiri.si..nf, the constitu tion, and tie general .t4Kle . laws, j before : i if it .i t v . ill I ho Snt ni l h rftnnlrr nmti " v ".' 1 " cmiteiupl.-tte the ettr'iAr.thiarv p .-.vers

mutbe-!MpaiTogaied ty lha I loflent 'Ten

St4te ate uieaiiuued ; iliac of tiicai wes