Louisville Weekly Courier, 1865-12-27

TEKMS OF SUBSCRIPTION For one ye ar by mat! ?12 OO Kor sex monthF by mail 0 OO 1 or throe months by mail 3 25 rarbie month by mail '125 Payable always In advance cltr subscribers per wet k 25 cents payn ble tothe carrier particular case to carry out and give effect to the decision of the Board hut not to an annul - nul annul and destroy it But wnatever may be the judgment of the Scnato us to the finality of the doSision of the Board and whatever power may ex exist - ist exist in this body to revise the action of that tribunal we Insist that tbat power of tlie Senate over the subject is expressly limited by the Constitution to encii grounds and such manner of contest as have been pro provided - vided provided by law The 20th section of article 2 of the Constitution is as follows: "Rich House of the General Assembly shall judn-e of the qualifications elections and returns of its members but a contested election shall be determined in such manner as shall be deter determined - mined determined by lar"r There are three subjects of inquiry set forth in this section As to two of these the power of the House is with without - out without limitation It may judge with without - out without restraint whether the member has the requisite qualifications of age residence Ac It may decide whether the return under which lie presents himself is regular and in proper form But the remaining subject of inquiry lfis election and any contest of that election is expressly referred to in such manner of determination as may be provided by law A contested election under this section is by no means limited to a case in which the" opposing candidate claims to liave been elected Tue constitu constituency - ency constituency also have an interest in the fairness of the elections through which their represen representatives - tatives representatives are chosen and any citizen may be heard contesting the seat of one assuming to represent him A contested election in the meaning of tho Constitution therefore is Whatever brings in contest before the rep representative - resentative representative body the validity of the election of one of its members Even under a nar narrower - rower narrower construction of the term the case be before - fore before us is unquestionably a contested elec election - tion election It is a contest founded upon a no notice - tice notice by tl e opposing candidate and prose prosecuted - cuted prosecuted throughout by him alone It would seem too clear for "argument that under the Constitution "it must be determined in such manner us sliali bo directed by law" The law is before us and to it we are limit limited - ed limited It is all embraced in the article of the Revised Statutes above referred to It con confines - fines confines our inquiry to the grounds therein specified and does not allow us to go be beyond - yond beyond it into the investigation of the ground relied on by the contestant Such is the de decision - cision decision of the Court of Appeals in the case above cited The law may not be broad enough for the views of Senators It may fail to embrace grounds of contest which should have been provided lor But we cannot for this reason go beyond the law for the Constitution forbids it Bnt if these views should he overruled and the case considered upon the evidence submitted we are stilt unable to concnr with the majority in the conclusion that there is' anything in the facts before us to warrant ns in vacating the seat of the sitting Sena Senator - tor Senator The ground relied on is military inter interference - ference interference in the election To make up a plausible case for the vacation of an elec election - tion election upon this ground it should be shown it seems to ns not only that such interfer interference - ence interference took place but also that it was by the procurement of the successful candidate and that it was effectual in securing his election It could hardly be contended that a gentleman who lias acted in good faith himself should be deprivod of liis election and the choice of the constituency who elected him annulled because the military without his consent or complicity may have appeared at one or more voting places of his district especially when their pres- ence has not influenced the result It has come to the knowledge of the committee through the evidence submitted that the interference which occurred in the present case was by soldiers acting under "General 1 Orders" from Major General Palmer then in command of the District of Kentucky It is fair to presume therefore that this in interference - terference interference whatever may have been its character or effect pervaded the whole State If then the mere fact of this inter interference - ference interference independently of any agency of t he candidate and without regard to its results is sufficient to vitiate au election will not the application of this principle vacate the seat of almost every Senator and Repre Representative - sentative Representative elected during the prevalence of the same "General Orders" and make void the recent election ? It Is also a fact of public history that the election of 18G3 was held in Kentucky under miliiary orders far more rigidly enioreod than at the recent election The test referred to if applied would vitiate the election of the Senators who hold over as well as of the highest of officers - ficers officers of the State Government IVc can cannot - not cannot believe that it is seriously intended to apply such a rule without limiting it by the conditions to vliicli we have averted At the election in question in tlie county of Madison there was no interference at the polls by the military of such a character as to interrupt the quiet prosecution of the election or interfere with the right of any citizen to cast his vote The vote in that county was very large and we apprehend that no serious question will be made grow growing - ing growing out of the manner in which the election was conducted there In the connty of Clarke small squads of soldiers made their appearance at several of the voting places aud in some instances their conduct was not such as we would ap approve - prove approve or indorse At the Winchester and Germantown precincts upon the appearance of the military claiming a right to supervise the election the judges closed the polls with without - out without taking a vote There is no evidence showing that the military were there iu overpowering force or that they exhibited such power as would liave enabled them to enforce against the judges and the people any unlawful assumptions they may have made The record therefore in our judg judgment - ment judgment shows no sufficient reason why the judges should have closed the polls against the people whQ desired to vote without making at least an effort to hold a lawful election It was done at Winchester under the advice ofa prominent supporter of the contestant and not in either case with the knowledge or consent of Dr Allan Surely we think he should not be held responsible for it In the "Blue Ball" precinct an officer pre presented - sented presented a list of filty-seven names who he declared should not be allowed to vote The list was closely analyzed by Stewart a witness of contestant the former sheriff of the county and the sheriff at the polls on the day of the election Five of the list voted fourteen were either dead or non nonresidents - residents nonresidents and seven had been in tbc rebel service and were thus disqualified uudertbe "expatriation" act Being asked to state how many were loyal the witness having the list before him named fourteen Twenty-one of the list offered to vote including several of those who had been in the rebel army In the Germantown prccinctit is estimat estimated - ed estimated by Quiscnberry a witness and friend of contestant that if a fair election had been held the contestant would have gotten 88 majority At the Winchester preeint the I estimate by Stubblefield another witness I of contestant is that he would have receiv receiv-j - j receiv-j ed a majority of two hundred Applying to Allan the severe test of counting- the votes of these precincts by tlie estimates and conjectures of tlie partial supporters of his opponents and adding these majorities i thus claimed to flic fourteen loyal votes ex excluded - cluded excluded at "Blue Ball" and wc liave still an aggregate which falls short of the majority i received by Dr Allan which is shown by his certificate to have been 332 There was no interference at any other preeint such as I we think can be seriously relied on a" to have materially prejudiced the contestant Quite a number of witnesses give it as their opinion that such interference as there was 1 injured instead of aiding the Senator elect There is in our opinion an utter failure to prove any agency or complicity of Dr Al Allan - lan Allan in procuring the interference objected to It is therefore our judgment that the con contestant - testant contestant has failed to make out liis case and that tried by the sternest tests that could ' be applied in guarding the purity of the elective franchise the sitting Senator has amplv vindicated his right to his seat JOHN A PRALL T P CARDWELL

President Johnson and the South The issue is at last made up between the President and the Radical leaders His message to Congress on the condtion of the Southern States backed by Gen Grant's report is a demand - clear open and une unequivocal - quivocal unequivocal - for a surrender "quarter or no quarter" The President tells these men and the couutry and the world that the most gratifying condition of things exists everywhere in the South that the people have so far been faithful to their pledges and that he believes that they are honest and sincere in the desire they manifest to return to the Union In fact he expresses the opinion that the state of public senti sentiment - ment sentiment as well as the condition of the coun country - try country is much better than he had any reason to expect at this early day General Grant corroborates the Presi President's - dent's President's view of attairs in the South and sees no reason why the people of those States should not be regarded as trustworthy and loyal He has just traveled through those States he has talked with the people he has seen with his own eyes the behavior of both whites and blacks and like an honest man he reports what he knows without any attempt to pervert or conceal the facts for the benefit of political demagogues In what striking contrast does the position of the President and General Grant appear with that of the vindictive and crazy Radi Radicals - cals Radicals who still persist in claiming that the war is not at an end aud that the Southern people are sullen aud obstinate and not in a proper frame of mind to be received into Congress and participate in the Govern Government - ment Government One the President and the other the Commander-iu-Ckief of the armies whose majestic plans brought the war to a success successful - ful successful close Although the President had per perhaps - haps perhaps as much personally to complain of so far as the rebellion was concerned as almost any man and although General Grant iought the Confederate aunies from Fort Donelson to Petersburg neither of these men so fur as their acts or expressions were evidences of theirseutiments entertain any hard feel feelings - ings feelings whatever towards the Southern people If they have in their hearts any animosity against those they have subdued and who are now prostrate they have the magnanimity to conceal it and are too manly to permit their private grievances to warp their judg ments or control their public policy If they do not wish to see the Union perfectly restored and the Southern States put once more fully upou their feet their public ex expressions - pressions expressions do not reflect their convictions or desires But we have faith in the sincerity of both of these men The entire course of both of them during the past six months has disappointed the unfavorable expectations they had formed of their prob probable - able probable policy The first utterances of Presi President - dent President Johnson when he found himself sud suddenly - denly suddenly thrust into the Presidential chair by theact of a crazy enthusiast were calculated to excite much alarm in regard to the treat treatment - ment treatment which the rebellious States would probably receive at his hands These unfa unfavorable - vorable unfavorable impressions have been entirely dis dispelled - pelled dispelled by the unexpected and extraordinary liberaiity and sound judgment he has since displayed He appears to have sunk the man in the statesman to have looked to the good of the country alone and to have been controlled by considerations having reference to the public good rather than of personal resentment While the measures which he has suggested in his ef efforts - forts efforts to reconstruct the G overnment have not always rigidly conformed to the strict letter of the Constitution and while he may in some cases have assumed powers not belonging to his office it is pos possible - sible possible that he has pursued the only course by which greater evils could be avoided He kuew that the views of the radical party of the North were extreme and un uncompromising - compromising uncompromising that they were not satisfied with the great victory the Government had achieved in the overthrow of the rebellion and that they were controlled by a vindic vindictive - tive vindictive revengeful and unreasonable spirit which would tolerate nothing but the utter destruction of the Southern States and the persecution of their people He promptly determined to place himself in the path of these lunatics and rescue the South from the impending ruin He did so and the re result - sult result is told briefly but clearly in his special message to Congress and in General Grant' s report Can any one say that the policy of the President has not been more fruitful of good results than would have been that of the radicals ? Can any one tell any good that would have resulted from the ex extreme - treme extreme measures which they desired? Would not those States have been to-day an unin uninhabited - habited uninhabited desert instead of a multitude of rapidly recovering and prosperous commu communities - nities communities if the policy which they urged had been carried out? The liberal terms of surrender conceded by General Grant and the position taken by the President that amnesty should be ex extended - tended extended to all who would receive it except in some exceptional cases was literally " oil upon the troubled waters" The sol soldiers - diers soldiers who would under apprehensions of punishment have been turned into guerril guerrillas - las guerrillas and marauders and who would have made the country uninhabitable life unsafe and industry useless retired quietly to their homes and became laborious and energetic producers of wealth The policy announced by the President produced a feeling of security through all classes and the hope that the country would be permit permitted - ted permitted to recover from the waste of war imme immediately - diately immediately had birth The unexpected clem clemency - ency clemency and forbearance of the Government aroused the livliest feelings of both wonder and gratitude and men resolved to prove themselves worthy of the faith in their honor and good intentions thus extended to them They have demonstrated the earnestness ol their purposes by their works At the demand of the President they have abolished slavery guaranteed the protec protection - tion protection of thefreedmen taken the oaths of am amnesty - nesty amnesty and allegiance and repudiated their debts and are now peacefully and earnestly engaged in the pursuits of industry What more could be asked or desired of them? The radicals evidently want something else though the President and Commander-in-Chief are satisfied They insist that the rebellious spirit Of the South is not broken and that the States must not be permitted to resume their places in the Union Upon this issue they now confront the President Which will prove victorious in the struggle cannot be safely predicted but time will show We have an abiding faith however in the wis wisdom - dom wisdom and firmness of the President and shall be greatly deceived if he does not break the line of battle of his opponents and scatter them to the four winds of Heav Heaven - en Heaven He shall certainly have our good wishes in his noble efforts

disloyal and of decided rebel sympatlii zers ' Numerous witnesses testily to the fact tbat the lists also included the names of many men who laid been consistent friends and advocates of the Union though op opposed - posed opposed to the policy of the Administration How many other voters were deterred from the polls by the conduct of the military is of course unknown In the county of Madison the same policy was pursued though to a less extent The majority of the com committee - mittee committee do not feel it to be necessary to their purpose to detain the Senate with fur further - ther further details Enough has been already shown amply to establish the statement that tlie election in those counties was nei neither - ther neither "free" nor "equal" as required by the Constitution Nor do they feci inclined to speculate as to what the result would have been had there been no military interfer interference - ence interference with the election It is sufficient tor the Senate to know that the election was unfairly illegally and violently carried by the political friends of Mr Allan With what would have happened had it been differently conducted they have properly no concern but tlie majority of the com committee - mittee committee cannot avoid the observation that unlawful means would hardly have been re resorted - sorted resorted to for the purpose of electing Mr Allan unless there was good reason to be believe - lieve believe that without them lie would be de defeated - feated defeated The committee were requested by Dr Allan to state in their report that there was no evidence that the military interference was solicited by him The majority of the committee cheerfully comply with this re request - quest request as there is no such evidence But at the same time their duty compels the statement that such interference was asked for by and granted at the solicitation of his political friends who desired his election that he knew that it had been granted be before - fore before the day of the election and that he was present at one of the precincts and wit witnessed - nessed witnessed that interference without effort to prevent it In tho opinion of the majority of the committee the duty of the Senate would be the same had the successful can candidate - didate candidate been wholly ignorant of the use of illegal means to secure his election This proceeding has not for its object the pun the right of the people to afree election In concluding their comment upou the testimony the majority of the committee desire to add that so far as they have been able to ascertain no fact has been here stated which has been even attempted to i be controverted by testimony The wit witnesses - nesses witnesses from whose statements they have most largely quoted aro the judges and offi officers - cers officers of election In view of all the facts they recommend to the Senate the passage of the following resolutions: 1st That the election of the 29th Sena Senatorial - torial Senatorial District which resulted in the return of A S Allan as Senator elect was not "free and equal" within the meaning of the ! Constitution aud 2d That the seat of A S Allan be de declared - clared declared vacant and the Speaker be directed - to issue his warrant according to law for a new election to be held in said district to I supply the vacancy And in view of the proved participation And m view ot the p J Qf Jonn M ft lajor General J F AVade Brigadier General C B Palmer Lieutenant in the army of the United States or DavidS Goodloe Assistant Assessor of In Internal - ternal Internal Revenue of the United States for the 7th Congressional District of Kentucky and of W C Sympson his deputy for the county of Clarke in the outrages upon the right of free elections disclosed in this re report - port report they recommend the passage of a joint resolution respectfully requesting the President of the United States to dismiss from office John M Palmer Major Gener General - al General J F AA'ade Brevet Brigadier General and C B Palmer Lieutenant in the army of the United States David S Goodloe 01 tne uniteu crates raaviu o uuuuiue Assistant Assessor of internal Revenue of tbc Unitcd States for the 7th Congressional District of Kentucky aud W C Sympson his assistant for tlie county of Clarke be because - cause because of their outrages upon the right of free election in Kentucky W A DUDLEY JOHN L HELM JOS H CHANDLER iliNOKITY EEPOBT Mr Frail from the Committee on Privileges and Elections presented the following minority report on the petition of Harri Harrison - son Harrison Thompson contesting the right of Dr A S Allan to a seat in tlie Senate from the district composed of tlie counties of Clarke and Madison which was ordered to be printed viz: The undersigned a minority of the Com Committee - mittee Committee on Privileges and Elections to which have been referred tlie papers in the ease of Harrison Thompson contesting the seat of Dr A S Allan the sitting Senator from the district composed of the counties of Clarke and Madison are compelled to dis dissent - sent dissent from the report of the majority of the committee for the following reasons: In our judgment the constitutional pow power - er power over tlie questions submitted has been exhausted in the action already taken iu the case and neither we nor the' Senate have any authority or jurisdiction further to con consider - sider consider the subject Upon the presentation of the petition of the contestant and ac accompanying - companying accompanying papers the Board provided for in article 7 chapter 82 of the Re Revised - vised Revised Statutes was selected by lot and sworn in pursuance of the law "to try the contested election and give the judgment thereon according to the evidence unless dissolved before rendering judgment" That Board was not dissolved but proceeded to render its judg judgment - ment judgment which was in substance that inas inasmuch - much inasmuch as the petition of the contestant failed to set up any of the grounds ot contest upon which by the Revised Statutes as constru construed - ed construed in the recent opinion of Lehman vs Ein- liis seat and s'nould have been held to be the final determination of the cause for the manner of the creation of tlie Board and the oath which its members are required to swear repel the idea that it was designed by the law as a mere committee with no power or functions except' to make its re report - port report On the contrary its action is styled a judgment and a "true judgment" under the evidence it is sworn to render It is true that the statute requires the Board to report its " decision " to the branch of the Leg Legislature - islature Legislature by which it was appointed for its further action But that further action we respectfully submit was only intended to be such action as might be necessary in the

The Slanderers of the South It has been quite fashionable with a cer certain - tain certain class in the North for many years past to discant with upturned eyes and sorrow sorrowful - ful sorrowful faces upon the " barbarism of slavery " and the ruffianism of Southern society This class of weak-headed people took it for granted that the world nccepted as truth the perverted representations of the South Southern - ern Southern social bystem and talked and wrote as if it were an established fact that the insti institution - tution institution of slavery had corrupted and degrad degraded - ed degraded the whole population to the level of ruf ruffians - fians ruffians and brutes They have professed to believe that the etiquette and usuages estab established - lished established by civilized society to regulate social intercourse were not here regarded and that even the laws themselves had lost their efficiency in the general demoralization of those communities and failed to exercise their wholesome and necessary restraints This however was the theory and talk of fanatics to whom the world paid but little attentiou and whose opinions were not re received - ceived received beyond their own narrow minded and contracted circle Of late years how however - ever however other classes have joined in the hue and cry and men who fought once with apparent zeal for the rights of the South and defended not only its institu institutions - tions institutions but the morality piety and social ex excellence - cellence excellence of its people have for the basest purposes indorsed and circulated the slan slanders - ders slanders they once denounced An instance of this we find the following in the last number of the Chronicle edi edited - ted edited by John W Forney In speaking of a disreputable scene which occurred in one of the courts at Washington not long since in which two lawyers gave each other the lie Forney says : "In common with the great masses of the people we had supposed tuat exhibitions of ruffianism like this were among the things of the past having been buried with slavery and the rebellion It seems however that we have still those among us who discard the common rules which regulate the con con-ilucl - ilucl con-ilucl of gentlemen even under circumstan circumstances - ces circumstances of the most grave importance" Here is a broad intimation that "ruffian "ruffianism" - ism" "ruffianism" has heretofore been confined to the South and that the hope had been enter entertained - tained entertained that when slavery was extinguished "ruffianism" would expire with it The in intimation - timation intimation conveys at the same time a false falsehood - hood falsehood upon its face and a very dirty libel in its belly No one knows better than John W Forney that there never was a time in the history of the two sections when the records of crime would not have shown an overwhelming proportion of offenses against law committed in the Northern States - when there were not only a greater number but a greater variety of crimes com committed - mitted committed in the North than in the South even in proportion to population He knows too that the Southern men have been de denounced - nounced denounced time and again as ruffians because they would not tolerate the identical of offense - fense offense which in this case he styles "ruffian "ruffianism" - ism" "ruffianism" When a Southern man wished to put the last possible affront upon an antag antagonist - onist antagonist he gave him the lie but never unless he was prepared to defend his life The lie was seldom passed aud always fearfully re resented - sented resented And yet in the face of the well well-known - known well-known fact this libeller of the South un undertakes - dertakes undertakes to hold that section responsible for an offense against good manners which was never tolerated there and never will be un unless - less unless there should be a heavy influx of just such men as himself and society should be corrupted thereby Why will public men and leading jour journalists - nalists journalists persist in these unjust and unneces unnecessary - sary unnecessary flings at a people who whatever may have been their offenses or crimes if you please are now prostrate and helpless? Is it our policy as individuals? is it our policy as States to add fuel to the flame of exas exasperation - peration exasperation and hate which God knows already burns too fiercely? Can any possible good result from such a course and will not the evil effects be lasting and permanent? Old wounds are still open and bleeding and time and exemption from fresh assaults and outrages alone can heal them These un unprovoked - provoked unprovoked attacks will greatly retard and perhaps forever prevent the return of kindly feelings and a forgiving spirit In her de devastated - vastated devastated plains in her profaned hearths in her solitary chimnies from around which the flames lighted by the blazing torch of war have swept the once loved homestead in the wails of widows and orphans whose protectors have poured out their life blood as a libation to liberty in these things the people of the South can find enough to irri irritate - tate irritate them - enough to sorrow over Their bitterest enemies if they possessed one spark of generous feeling should respect their desolation and drop the uplifted arm of vengeance aud seal the lips yet opening to reproach It is the duty of every lover of his country to labor for conciliation to revive good feeling to smooth down the exasperations generated by a quarter of a century of wrong and four years of bloody desolating war to establish a feeling of brotherly re respect - spect respect by acts of kindness and to forget if possible all causes of offense and all sub subjects - jects subjects of reproach When this is done the whole country will feel its beneficial effects in animated trade and commerce in stimu stimulated - lated stimulated production in rapidly increasing wealth and general prosperity Surely such a state of things is better than indulgence in useless taunts and reproaches aggrava aggravating - ting aggravating slanders and unproductive falsehoods J2T The Southern States are "Id the Union" for all practical purposes such as amending the Con Constitution - stitution Constitution and they are out of the Union for all po political - litical political purposes such as taking seats in Congress It makes no difference what you are doing or trying to do whether yon are in the Union or not If you

Sheriff of Crittenden county Reported the same with an amendment Amendment concurred in and bili passed Yeas 85 nays 0 Same - Senate bill in regard to the office of sheriff and other collecting officers of this State Passed Hereafter" in ail suits actions and mb t ions against sheriffs and their deputies constables and other collect collecting - ing collecting officers and their securities for failures £ ndcdbns'fthafthe nfainUflMu 'anVnro I be no nutense mat tne piainun in any pro cess execution &c directed said officer ! delay or in any wise stay proceeding thereon unless said defense is supported by the consent in writing of the plaintiff liis agent or attorney for so doing duly signed Said act to take effect January 1 1867 Same - For the benefit of Geo W Welsh j executor of Geo W Doneghy late Sheriff of Boyle county Passed Same - To ameud the revenue laws of this Commonwealth Placed in orders of the day Same - For the benefit of Thos J Jolly late sheriff of Breckinridge county Al Al-I - I Al-I lowed $121 87 for conveying pupil to Feeble-Minded Institute Passed Yeas 8A nay? 0 Same - For tlie benefit of P Palmer late sheriff of Marshall county Passed - yeas 81 nays 3 - Same - To aid in the erection of a jail in Magoffin county Rejected Mr PRIEST - Ways and Means - For the benefit of G 8 Jones Sheriff of Marshall J county Passed Same - For the benefit of John Cargile late Sheriff of Hopkins county Passed Mr HUDSON - Ways and Means - For the benefit of Robert White late Judge of Carter county Passed House bilk amended in Senate for the benefit of T J Puryear late Sheriff of Graves county Amendment concurred in Mr HUDSON - Ways and Means - For the j benefit of the Sheriff of Fulton county Passed Mr POTTER - Ways and Means - For the benefit of John McGeorgc late Sheriff of ay: :G Harlan county Passed Same - For the benefit of Felix G Begley late Sheriff of Perir county Referred to the Committee on County Courts Mr DRAFFIN - Iuternal Improvements - To amend the laws in relation to revenue and taxation Print and placed in the or orders - ders orders of the day Same - To incorporate the Grassy Lick Turnpike Road Company Passed Same - To amend the charter of the Cov Covington - ington Covington and Lexington Turnpike Company May subscribe for stock inroads connecting wdl1 Passed Same - To re-buili Lexington Washington Paris and Mays Mays-ville - ville Mays-ville Turnpike Road Print and placed in the orders of the day Same - For the benefit of John Steele of Pike county Passed Mr BELL - Banks - To authorize the sale and transfer of certain lands stocks and other securities pledged to the il Banl mcor mcor-Banks - Banks mcor-Banks of this State 1 R' Print and placed in the orders of the day Mr LAWRENCE - Banks - Senate bill to ! incorporate the Warsaw Deposit Bank Re Reported - ported Reported the same with amendments Amend- I ment concurred in and bill passed Same - Senate bill to amend the charter of the Falls City Bank at Louisville R eported f same with au amendment Amendment I concurred in and bill passed Mr THOMAS - Corporations - To amend ! an act changing tlie line of a voting district in Marion county Passed Mr FISHER - Public Offices - To remove without delay the new privies on the pub public - lic public square Rassed Mr BUCKNER - Circuit Courts - To fix the time of holding courts in the Fifth Ju Judicial - dicial Judicial District Print and placed in orders of the day Same - Senate bili to repeal an act con concerning - cerning concerning the Washington Circuit Court ap approved - proved approved Marcli 4 1865 Passed Mr GATEWOOD - County Courts - For the benefit of the late sheriffs judges clerks constables and other civil officers of this Commonwealth Passed Allows them the further time of two years to col collect - lect collect and distrain for all taxes and fee bills due them They are subject to all the puins and penalties now imposed by laws for issu issuing - ing issuing and collecting illegal fee bills Same - For the benefit of James H Tra Tra-Esq - Esq Tra-Esq Passed Same - Senate bill to amend the act cre- ating the office of police judge and marshal in the town of Washington M ason county j Passed Same - To amend the road laws Mason of county Passed Mr HARLAN - Revised Statutes - To amend the existing laws in regard to injunc injunctions - tions injunctions Print and placed in orders of the dav Same - Senate hill to amend chapter 4 ar article - ticle article 1 title Attorneys Placed in orders of the day Same- -Senate bill to revive and continue in force acts and amended acts to amend 3d and 5th articles of chapter 80 Revised I Statutes Passed Same - Senate bill to amend chapter 86 article G sec 3 Revised Statutes Orders ! of the day Same - Senate bill to prevent the careless j wanton or malicious use of deadly weap- j ons Passed Allows widows and minor j child or children or cither of them of a person killed by the careless or wanton or malicious use of firearms to have action against the person who committed the killing Same - Senate bill to amend tlie charter of the city of Louisville as to judge marshal and clerk of the city court and taking bail in certain cases Print and placed in or orders - ders orders of the day Same - Senate bill to amend tlie penal laws Passed Mr WOLFORD offered the following resolution which was adopted - yeas 46 nays 36: Resolved That when this Honse adjourns to-day it will not meet until after the recess already ordered Mr BUSH - Sinking Fund - Offered a resolution requiring tbe Commissioners of the Sinking Fund to report to the General Assambly on tlie 10th of January 1806 a full and complete exhibit of the condition and application of the Sinking Fund for the last two years and that they also show and exhibit the several amounts paid into the Sinking Fund from what source same was derived and what expenditures have been marie by them duringthe last two years also state the specific amounts received from the various public works improvements and Incorpo Incorporated - rated Incorporated institutions in which the State has an

end of last fiscal year ted Mr BELL offered the followin tion which was adopted viz : Resolved That the Speaker and four mem members - bers members to be appointed by him be a standing Committee on Revision and Rules and that said committee report as a matter of privilege Mr ROUSSEAU moved to reconsider the vote by which this House adopted the reso resolution - lution resolution offoreli by Mr Wolford which was adopted and the resolution was rejected The ISmse then adjourned Frankfort Dec 20 1865 SENATE The Senate was called to order at the reg- House bill in relation to the town of Camp Camp-bellsville - bellsville Camp-bellsville in Taylor county Amended and passed Same - A bill to allow proceedings to be instituted for forfeiture of railroad charters in certain cases Ordered to be printed and recommitted Same - A bill to amend chapter 3 title 8 of (he Civil Code Ordered to be printed and placed in the orders of the day A House resolution in relation to the Sinking Fund requiring the commissioners to make a full report on the 10th of Janu January - ary January next of all transactions of the last two years and other specific matters Adopted Mr DUDLEY - Leave - A bill to amend the charter of the Kentucky RiverNavigation Company Granted and referred to the Committee on Internal Improvements The Senate then took a recess until 12 o'clock Mr SWIGERT moved that a Senate bill amended iu the House to incorporate the Woodford County Agricultural and Me Mechanical - chanical Mechanical Association be taken up and the amendment concurred in which was adopted Mr DUDLEY from the Committee on Privileges and Elections reported a House bill to regulate a voting place iu Rocky Hill precinct in Barren county Passed HOUSE OF REPRESENTATIVES The reading of the journal of yesterday was dispensed with Messrs Thomas Harlan Young Newell and Potter were appointed a committee in pursuance of a resolution of the House to investigate the rates of toll for transporta transportation - tion transportation of passengers and freights by the va various - rious various railroads of the State and to ascer ascertain - tain ascertain whether any of them charge a greater rate of toll than is allowed by their several charters Mr CARLISLE had leave of absence fir to-day Mr BUCKNER offered the following joint resolution which lies one day on the table viz: Be it Resolved by the General Assembly of the Commonwealth of Kentucky That our Senators in Congress be instructed and our Representatives requested to use their in influence - fluence influence to procure a reduction of tbe pres present - ent present oppressive tax on the manufacture of cigars aud that the Governor be requested to forward a copy of this resolution to each of our Senators and Representatives in Con Congress - gress Congress Mr CONKLIN had leave to bring in a bill and Manufacturing Company Passed To incormralB th 3rBKTnrt n To incorporate the Greasy and Crocus Creek Oil Company Passed To incorporate the Shale and Slate Oil Company Passed To incorporate the Sand Rock Oil Com Company - pany Company Passed To incorporate the Granite Oil Company Passsed To incorporate the Confidence Oil Com Company - pany Company Passed To incorporate the Good Intent Oil Com Company - pany Company Passed To incorporate the Minnehaha Oil Com Company - pany Company Passed To incorporate the Cumberland River and Crocus Creek Oil Company Passed To incorporate the Tar Spring Oil Com- pany Passed To incorporate the Aeplialtnm Oil Com- pany Passed To incorporate the Crinoline Oil Com Company - pany Company Passed To amend the charter of Tompkinsville in Monroe county Passed Leave was given to bring in the following bills which were appropriately referred: Mr ARMSTRONG - To incorporate the Louisville Base Bali and Skating ParkCom ParkCom-pany - pany ParkCom-pany Mr LYONS - For the benefit of School District No 34 Logan county Mr POTTER - For tlie benefit of Wm Halsell late collector of railroad tax in Warren oounty Same - To prescribe the times when the Circuit Courts in the Fourth Judicial Dis District - trict District shall hereafter bo held Same - Prescribing tbe mode of settle settlement - ment settlement of the Warren county stock account witli the Louisville and Nashville Railroad Company Mr LILLARD - To legalize the official acts of O B Morrow of Versailles Mr CONNER - To chauge the line of voting precincts in Mercer county Mr J W DAVIS - To incorporate the Young Men's Christian Association of Shelby county Mr R T DAVIS - To require the Attorney-General to institute an action to vacate tlie charter of tlie Mayeville aud Lexington Railroad Company Mr McMILLAN - To amend an act en entiled - tiled entiled "An act for the benefit of the poor poor-house - house poor-house of Nicnolas county" Same - To amend au act for the benefit of Nicholas County Court Mr MURPHY - To repeal section 3 of an ct to amend the cuarter of Lancaster and Buckeye Turnpike Road Company ap approved - proved approved February 18 1860 Same - For tne benefit of the Bryantsville and Boyle County Turnpike Company Same - l or the benefit of Win C Hen Hendrickson - drickson Hendrickson of Garrard county Mr BELL - For tire benefit of David A Knox of Boyle county Mr GARDNER - To repeal all acts de declaring - claring declaring Green river a navigable stream above tbe mouth of Nolin Mr HARLAN ottered the following reso resolution - lution resolution wnich was adopted viz: Resolved That a select committee of five

former slaves or whether they will obsti irately persist in keeping their eyes closed to wlrat is so clearly manifest to all the world and cling like the drowning man to the straw to an institution which is defunct and gone If the Constitutional amendment did not actually speak the doom of slavery in this State its continued existence with free States bordering us on every side would be an impossibility Tbe adjoining States in which slavery was an institution were the walls which sustained it in Kentucky These walls have crumbled down leaving nothing to support or protect it here and it would be absurd to hope for its continu continuance - ance continuance Bnt the matter i3 not letl to our judg judgments - ments judgments or wishes The Constitution which is tbe supreme law pronounces slavery dead aDd prohibits it throughout the land This fact we cannot evade or modify We must accept it and we have no alternative but to act upon the fact What then shall be our policy under the circumstances thus forced upon us? Shall we refuse to recognize facts which can not be controverted and permit onr laws regulating slavery to remain upon our statute books when they have become wholly inoperative and void and are actually stumbling blocks to our comfort and pros prosperity - perity prosperity ? Or shall we not rather adopt the wiser policy of repealing all such laws and enacting others such as may be required for the protection and control of this large portion of our population to whom but a small part of our laws now apply? It strikes us that the path of duty and of interest is the same So long as the present laws are retained and no new ones are pass passed - ed passed our labor system will be involved iu in inextricable - extricable inextricable confusion and will be altogether unavailable The rights of neither the em employer - ployer employer or the laborer will be defined or un understood - derstood understood contracts can not be made or if made can not be depended upon the negro will be unwilling to work and in the mean meantime - time meantime every department of industry will lan languish - guish languish and the amount of our products be proportionably reduced And in addition to these evils it is quite probable that a military force will be kept in the State aud tbe right of habeas corpus refused to us un until - til until the present anomalous condition of af affairs - fairs affairs is corrected On the other hand if wc promptly repeal our slave code and enact such laws as may be found necessary to control and protect the negro in his new condition the relation between labor and capital will be under understood - stood understood by each laborers will be abundant I be larger proportion of the difficulties which now surround us will disappear every department of industry will be revived and stimulated the production of our great sta staples - ples staples will be greatly increased and we shall be relieved from the annoying military rc rc-straiuts - straiuts rc-straiuts which now encompass us on every side This subject demands and will no doubt receive tbe earnest consideration and prompt action of the Legislature It is to be hoped that that body will deal with it in the spirit ol a wise and enlightened states statesmanship - manship statesmanship The Habeas Corpus in New York The laws for the protection of the per personal - sonal personal liberty of the citizen have been held in abeyance so long tbat people have be become - come become accustomed in a great measure to their loss while the military authorities in many cases appear to have forgotten that they ever existed Some of them regard the rights which the President so wisely re restored - stored restored to a portion of the States a few weeks since with as little respect as a Mo Mohammedan - hammedan Mohammedan would the Gospel of Christ Power has so long been the measure of ju jurisdiction - risdiction jurisdiction and has been so exclusively in tbe bands of the military authorities that the practice of disregarding the civil law j seems to have become a chronic and ineura- j ble disease A striking instance of this was recently exhibited in New York in the case j of Colonel Robert Martin of this State j whose arrest we have before announced Colonel Martin upon being taken to Fort Lafayette applied through his counsel to j be set at liberty by virtue of the writ of habeas corpus Tne military authorities dis disregarded - regarded disregarded the demand of the writ on the ground that it was not properly served and the writ was for this reason discharged The second one was duly served and General Hooker made a return in which he sets forth as hi6 counsel contend matter which excuses him from the production of Martin in court The court after listening to argument on either side held that the

Thomas Conway late sheriff of Union county Passed Same - A House bill for the benefit of Matthew Mullen late clerk of the Pendle- ton Circuit and County Courts Passed Same - A House bill for tlio benefit of corporate the Greasy Crocus Creek Oil Com- ' rmiv PnsQeri : pany Passed Same - A bill to incorporate the Shale and Slate Oil Company Passed Same - A bill to incorporate the Sand Rock Oil Company Passed Same - A bill to incorporate the Granite Oil Company Passed Same - A bill to ineoporate the Confidence Oil Company Passed Same - A bill to incorporate tbe Good In Interest - terest Interest Oil Company Passed Same - A bill to incorporate the Minne Minnehaha - haha Minnehaha Oil Company Passed Same - A bill to incoimo''atc the Cumber Cumberland - land Cumberland River and Crocus Creek Oil Company Passed Same - A bill to incorporate the Tar Creek Oil Company Passed Same - A bill to incorporate the Asphal Asphal-tum - tum Asphal-tum Oil Company Passed Same - A bill to incorporate the Tread Tread-water - water Tread-water Mining and Petroleum Company Passed Same - A hill to amend-article 1 of the Civil Codes of Practice title attachments Withdrawn An act to amend the charter of the city ot Louisville The vote postponing this bill was reconsidered and the reading of the same dispensed with and as amended passed It reads thus : Sec 1 Be it enacted by the General Assem Assembly - bly Assembly of the Commonwealth of Kentucky That should tbe Mayor be temporarily disabled from any cause from discharging the duties of his office or should the office be vacated from any cause before the expiration of his term of office the Judge of the City Court of said city shall perform the duties of the mayoralty and the exercise of powers there thereof - of thereof during the continuance of the Mayor's disability or until a Mayor shall have been elected by tbe votes of said city and duty qualified and the General Council shall al allow - low allow the same compensation prorata to the Judge of tbe City Court acting as Mayor pro tern as was allowed to the Mayor at tbe time ot t he occurrence of the vacancy ac according - cording according to the term of said service Sec 2 It shall be tbe duty of tbe General Council in case of a vacancy in the mayor mayoralty - alty mayoralty as aforesaid except in case of temporary disability to order an election by the quali qualified - fied qualified voters of said city to be held at their several voting places at as early a day ns practicable not exceeding ten days from the day of the occurence of the vacancy to j fill said vacancy by tbe election ofa Mayor and it shall be the duty of tbe Judge of City Court of said city to order said election in I case of a failure or refusal of the General Council to order said election after giving j ten days' notice m the newspapers ot 6ai3 city and he shall in such case appoint the officers of such election iu accordance with existing laws Sec 3 Tlie salary of the Mayor of said city to be not less than two thousand nor more than four thousand dollars to be reg regulated - ulated regulated by the General Council Mr GORIN - Judiciary - A House bill to amend the act to incorporate the Wayne County Beatty Oil Company Passed Same - A bill to pardon all persons who have committed the crime of treason against the Commonwealth of Kentucky Passed Same - A bill to give a lien to mechanics and journeymen in Boyle county Passed Same - A House bill for the benefit of the minor children of Jonathan Nichols Passed Same - A bill to charter the Crinoline Oil Company Passed Mr MORROW - Judiciaiy - A House bill to incorporate the Owen Mining and Manu Manufacturing - facturing Manufacturing Company Passed Same - A House bill to incorporate the Kentucky Traveler's Insurance Company Passed Same - A House bill to incorporate the Fayette Oil Company Passed Same - A House bill to incorporate First American and European Patent Company Passed Same - A House bill to incorporate the Falls City and Cumberland Oil Company Passed Same - A bill to incorporate the Home Insurance Company Passed Mr LILLY - Internal Improvements - A House bill to incorporate the Montgomery and Bath county Associated Turnpike Road Company Amended and passed Mr BRUNER - Revised Statutes - A House bill to amend section one article thirty-one chapter forty-one Revised Stat Statutes - utes Statutes Making lunacy an additional cause for divorce Passed A Senate bill amended in the House for the benefit of John A Yandell Sheriff of Crittenden county Passed Mr BAKER - County Courts - A bill to amend an act for the benefit of the town of Tompkinsville Passed Mr DUDLEY - Privileges and Elections -A House bill to change'the voting places I i