Viewing page 14 of 53

This transcription has been completed. Contact us with corrections.

were insurgents, [[ripped page]] occupied the political [[ripped page]] of enemies of the Unit [[ripped page]] established by acts of [[ripped page]] sions, and is recognized [[ripped page]] dent in public proclamations, documents and speeches.
Second - The States thus confederated prosecuted their war against the United States to final arbitrament, and did not cease until their armies were captured, their military power destroyed, their civ [[ink smeared out]] officers, State and Confederate, taken prisoners or put to flight, every vestige of State and Confederate Government obliterated, their territory overrun and occupied by the Federal armies, and their people reduced to the condition of enemies conquered in war, entitled only, by public law, to such rights, privileges and conditions as might be vouchsafed by the conqueror. This position is also established by judicial decisions, and is recognized as sound by the President in public proclamations, documents and speeches.
Third - Having voluntarily deprived themselves of representation in Congress for the criminal purpose of destroying the Federal Union, and having reduced themselves by the act of levying war to the condition of public enemies, they have no right to complain of temporary exclusion from Congress, but, on the contrary, having voluntarily renounced the right to representation and disqualified themselves by crime from participating in Government, the burthen now rests on them, before claiming to be reinstated in their former condition, to show that they are qualified to resume Federal relations. In order to do this they must prove that they have established, with the consent of the people, republican forms of government in harmony with the Constitution and laws of the United States; that all hostile purposes have ceased, and should give adequate guarantees against future treason and rebellion - guarantees which shall prove satisfactory to the Government against which they rebelled, and by whose arms they were subdued.
Fourth - Having by this treasonable withdrawal from Congress, and by flagrant rebellion and crime, forfeited all civil and political rights and privileges under the Federal Constitution, they can only be restored thereto by the permission and authority of the Constitutional power against which they were subdued.
Fifth - Those rebellious enemies were conquered by the people of the United States, acting through all the co-ordinate branches of the Government, and not by the Executive Department alone. The powers of the conqueror are not so vested in the President that he can fix and regulate the terms of settlement, and confer congressional representation upon conquered rebels and traitors. Nor can he in any way qualify the enemies of the Government to exercise its lawmaking power. The authority to restore rebels to political power in the General Government could be exercised only with the concurrence of all the departments in which political power is vested; and hence the several proclamations of the President to the people of the Confederate States can not be considered declared, and can only be regarded as provisional permissions by the Commander-in-Chief of the Army to do certain acts, the effect and validity whereof is to be determined by the constitutional Government, and not solely by the Executive power.
Sixth - The question before Congress is then, whether conquered enemies have the right, and shall be permitted, at their own pleasure and own terms, in making terms for their conquerors - whether conquered rebels may change the theater of operations from the battles in which they were defeated and overthrown, to the halls of Congress.
Seventh - The history of mankind exhibits no example of such madness and folly. The instinct of self-preservation protects against it. The surrender by Gen. Grant to Lee, and by Sherman to Johnston would have been disasters of less magnitude, for new armies could have been raised, battles fought and the Government saved. The anti-coercive policy under pretext of avoiding bloodshed, allowing the rebellion to take form and gather force, would be surpassed in infamy by the matchless wickedness that would surrender the halls of Congress to those so recently in rebellion, until proper precautions shall have been taken to secure the national faith and the national safety.
Eighth - As has been shown in this report, and in the evidence submitted, no proof has been afforded to Congress of a constituency in any one of the so-called Confederate States, unless we except the State of Tennessee, qualified to elect Senators and Representatives in Congress. No State Constitution, or amendment to a State Constitution, has had the sanction of the people. All the so-called legislation of State Conventions and Legislatures have been had under military dictation. If the President may, at his will and under his own authority, whether as a military commander or chief executive, qualify persons to appoint Senators and elect Representatives, and empower others to elect and appoint them, he thereby practically controls the organization of the legislative department. The constitutional form of government is thereby practically destroyed, and its powers absorbed in the executive. And while your Committee do not for a moment impute to the President any such design, but cheerfully accede to him the most patriotic motives, they can not but look with alarm upon a precedent so fraught with danger to the republic.
Ninth - The necessity of providing adequate safeguards for the future, before restoring the insurrectionary States to a participation in the direction of public affairs is apparent from the bitter hostility to the Government and people of the United States yet existing throughout the conquered territory, as proved incontestibly by the testimony of many witnesses and undisputed facts.
Tenth - The conclusion of your committee, therefore, is that the so-called Confederate States are not at present entitled to representation in

GREENLAW BLOCK....................MEMPHIS, TENN. 
FRESH 
CORN MEAL 
[[image]] ALWAYS ON HAND M6X

WOODRUFFBLOCK FEED STORE 
WHIPPLE & BARNARD, 
Dealers in 
GRAIN, HAY AND FLOUR, 
No. 175 Main St., Memphis, Tenn.

W.H. KELLOGG. G.W. CONE. 
BLUFF CITY MILLS, 
KELLOGG & CONE, Proprietors. 
Highest Cash Prices Paid for Wheat. 
EXTRA FAMILY FLOUR, 
FRESH CORNMEAL, BRAN, 
CHOP FEED AND SHORTS. 
All for CASH, Wholesale or Retail. 
No. 197 Poplar Street, Memphis, Tenn. 
Free Delivery within City Limits. A15

LEGAL
CHANERCY COURT OF MEMPHIS, Tennessee. 
Julius Jacobus and others vs. A.T. Norton and the unknown heirs of Mary L. Norton. 
It appearing from affidavit in this cause that the defendants, the unknown heirs of Mary L. Norton, are non-residents of the State of Tennessee. 
It is therefore ordered that they make their appearance herein at the Court-house, in the city of Memphis, Tennessee, within the first three days of the next term of said Court, to commence on the second Monday in Nov. 1866, and plead, answer or demur to complainants' bill, or the same will be taken for confessed, as to them, and set for hearing exparte, and that a copy of this order be published once a week, for four successive weeks, in the Memphis POST. 
A copy - Attest: AUGUSTON ALSTON, Clerk and Master. 
C.W. Frazer, Solicitor for Complainant. 6-1oawd

IN THE CHANCERY COURT OF MEMphis. 
C.A. Stillman vs. Vance & Anderson, Charles E. Cossett and others. 
It appearing from affidavit in this cause that the defendants, H.C. Smith, Charles Y.F. Smith, Lemuel A. Sith and Edward L. Smith, heirs at law of Lavinia Smith, deceased, are residents of the State of Mississippi and non-residents of the State of Tennessee. It is therefore ordered, that they make their appearance herein at the Court House, in the city of Memphis, Tenn., on the first Monday in July, and plead, answer or demur to the complainant's bill, and amended bill, or the same will be taken for confessed, as to them, and set for hearing exparte, and that a copy of this order be published once a week, for four successive weeks, in the Memphis POST. 
A copy - Attest: Auguston Alston, Clerk and Master. 
By BENJ. COLMAN, Deputy Clerk and Master. 
J.R. Roberston, Solicitor for complainant. m28-oaWD

IN THE CHANCERY COURT OF MEMPHIS.
Maria A. White vs. Agnes D. White et al.
It appearing from affidavit in this cause that the defendants, Agnes D. White is a resident from the State of New York, and are non-residents of the State of Tennessee.
It is therefore ordered, that they make the appearance herein at the Court-house, in the city of Memphis, Tennessee, within the first three days of the next term of said Court, to commence on the second Monday in November, 1866, and plead, answer or demur to complainant's bill, or the same will be taken for confessed, as to them, and set for hearing exparte, and that a copy of this order be published once a week, for four successive weeks, in the Memphis Post.
A copy - Attest: AUGUSTON ALSTON, Clerk and Master.
By BENJ. COLAN, Deputy Clerk and Master.
Taylor & Taylor, Solicitors for complainant. June 7, 1866. 6-8oawd

IN THE CHANCERY COURT OF MEMPHIS.
The Memphis Life and General Insurance Company vs. James M. Goggin and others.
It appearing from affidavit in this cause, that the defendants James M. Goggin, B. W. L. Holt and Euclid Borland, are non-residents of the State of Tennessee, 
It is therefore ordered, that they make the appearance herein at the Court-house, in the city of Memphis, Tennessee, within the first three days of the next term of said Court, to commence on the second Monday in November, 1866, and plead, answer or demur to complainants' amended and supplemental bill, or the same will be taken for confessed, as to them and set for hearing exparte, and that a copy of this order by published, once a week, for four successive weeks, in the Memphis Post. 

A copy - Attest: AUGUSTON ALSTON, Clerk and Master. 

BOOT AND SHOE [HOUR?]
Marsh, Warner % Co
54 Beal street
Have on hand a fine assortment of Boots and purchased for cash, while they offer at extreme prices, Planters furnished at wholesale prices. 

[sideways]
BOOTS AND SHOES,
HATS AND CAPS,
WHOLESALE AND RETAIL,
319 Main St., Memphism Tenn.
OUR CUSTOMERS' INTERESTS ARE OUR INTERESTS

COTTON AND COMMISSION.
WILCOX ,WRIGTH & CO.,
[SUCCESSORS TO JOHNSON, WRIGHT, % CO.,]
FOR THE SALE OF
HATS, CORN, OATS
BRAN, FLOUR, BACON,
LIME, CEMENT, PLA
ETC., ETC.,

A good supply of the above articles conetay hand Consignments respectfully soliticed: sales-and prompt returns'' shall be our constan
WILCOX, WRIGHT & CO.,
No. 3 Promenade street, (Elliott Bl
Foot of Jefferson street, Memphis,
m28x

A.P BURDIT AND CO
COTTON FACTORS
AND
Commission Merchan
Office - 308 Front Street,
A35K, Memphis, TE

E.H FLYNN, 
Commission Merchant
AND DEALER: IN
GROCERIES, PRODUCE, PROVISI
WINES, LIQUOTS, TOBACCO, CIGARS, ETC., .
426 Main street Memphis, Ten

GUNS AND PISTOLS
HENRY FOLSOM, J. C. LULLMAN, DAVID
HENRY FOLSOM & CO.
Importers and Dealers in
GUNS, RIFLES, PIST