The state rights democrat. (Albany, Or.) 1865-1900, March 06, 1869, Image 2

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    State.", arc reserved to the States respec
tively, to the people." The sovereign
police Krcr was not delegated by the
Constitution to tlio general government,
therefore the Court made tho rcrervation
ctmtaincd in tho quotation. In these
same enses, and in the very opmtons
from which the (J ovcrnor quotes his law tho
Court says, "that in giving the commercial
power to Congress, the States did not part
with thatpowcrof self-preservation, which
must bo inherent in every organized com
tnttuity, they may guard against tho in
troduction of any thing irhich may cor
ntpl the moral or endanger the health or
lives of their citixens." Again, in tho
came opinion, the Court says, hthe enre of
hinder inr; what might trouble the internal
tranquility of the State, is the ban's of
poltct, and authorizes the sovereign to
make laws and establish institutions for
that purpose." Again, tho Court says,
"how much of it, fthe police power) have
the State retained ? I answer unhesita
tingly, says tho Justice, all necessary to
their internal government. Generally,
all not delegated by them in tho articles
of confederation to tho United States of
America ; all not yielded by them vndcr
(he Constitution of the United States.
The Court further says, "the States have
also reserved the police right to turn from
their territories, paupers, vagabonds and
fugitives from Justice, and that it (the
police power) is applicable to idlers, vag
bondtf, prupers, fugitives from justice,
juad suspected persons."
Justice Greer, one of the majority,
clearly distinguishing between different
classes of persons, to whom different laws
wero applicable, says, "it must be borne
in mind (what has been sometimes forgot
ten) that the controversy in this case, is
not with regard to the right claimed by
Massachusetts in the second section of
this act, to repel from her shores lunatics,
idiot, criminals, or paupers, which any
foreign country, or one of her sister states,
might endeavor to thrust upon her; nor
the right of any State whose domestic se
curity might be endangered by tho ad
mission of free negroes, to exclude them
irom her borders. This right of the
States has its foundation in the ivcrcd
Jate of self-defence ; which no power grant
ed to Congress can restrain or amendf
and that it is as competent and
necessary for a State to provide precau
tionary measures against the moral pes
tilence of paupers, vagabonds and convicts,
as it is to guard against the physical pes
tilence which may arise from unsound
and infectious articles imported." What
has just been quoted as the opinion of the
Court, anncunccd by Justice Greer, was
deemed so important, and so deserving
of. being placed beyond question, that
Justice Catron feeling called upon to do
more than merely concur generally, says
"agreeing entirely with my brother Greer
in the principles involved in both causes,
and especially on the State power of ex
elusion, in particular instances, I asked
him to write out our joint views in the
cause coming up from Massachusetts.
This he has done to my entire satisfaction,
and therefore I have said nothing here on
the reserved powers of the States to pro
ject themselves j but refer to that opinion
-as containing my views on the subject
frith which I fully concur thoughout.
A3 if the more clearly to distinguish
not only between revenue measures, and
the exercise by a State of its police j&wcr, I
but also between the two classes of persons
upon whom each might appropriately ap
ply, the Court says 'tho passengers in
this instance, (the 295 steerage passen
jgera from Luerpool) were notsubjeets of
;any police power or sanitary regulations,
ibut healthy persons, of good moral char
acter, as we are bound to presume, noth
ing appearing to the contrary; nor had
the State of Xew York, manifested by
Jier legislation, any objection to such per
son entering the State. That it was in
tended to manifest a condition hostile to
the admission cf th? passengers in respect
to whom the master wa3 sued, is without
the slightest foundation. They were not
hindered or interfered with any degree1
by the State law. It is a general revenue
measure." These revenue measures the
Court declared to be regulations of com
merce, in conflict with the Constitution
granting that power to Congress.
So much for the opinions of a majority of
the Court sustaining the position, that
-pdice measures were never ceded to the
United State.? by the Constitution, but
reside la the State, and have their foun
dation in the sacred law of self defence,
"which no power in Congress can restraia
or annul."
With a large class of our citizens, these
positions will be greatly strengthened to
know that the minority of the Court com
posed of such men as Chief Justice Tany,
and Justices Daniels, Nelson and Wood
berry, not only concurred substantially in
those portions of the opinions quoted in
which it declared that tin police power
is reserved to the States, but that it is
more extensive in its application, than it
is either necessary, or now proper for us
to claim.
The Chief Justice says, "I think it
therefore to be very clear, both upon
principle aud the authority of adjudged
cases, that the several States have a right
to remove from among their people, and
to prevent from entering the State, any
persons or class, or descriptions of per
sons, whom it ay deem dangerous or in
jurious to the interest or welfexe of its
ettiz&ns." -
fiays Justice Woodberry, " a police
measure, in common parlance, often re
lates to something connected with public
morals; and in that limited view, would
ftill embrace the subject of paupers.
Bat in law, the word police is raueh broad
er, and includes all legislation for the in
ternal poliey of a State; nor is it any the
less a police neasure, because money
rather than a bond of indemnity is required,
as a condition to protection and privileges.
Measures, ; whioh, are legitimately of a
police character, are not pretended to be
reded any where in the Constitution to
the general government in express terms;
and as little can it be argued that they
are impliedly to be considered as ceded,
if they be hones ily and truly police meas
- ures. Hence, in all the decisions of this
tribunal, on the powers granted to the
general government, either expressly or
by implication, measures of that charac
ter, have been regarded as not properly
10 oe mciuaea."
. Confident of being able to sustain the
Oregon Act by what those opposing claim
to bo the ruling authority, (7 Howard)
X ma not at nrst mtena to occupy any
-' space in examining the other authorities
jelied upon in the veto.
But having my
attention directed to a decision of the
Supremo Court of California (7 Col.) or
tho dato of January, 1857, in connection
with that it seemed appropriate to niako
a brief reference to the other authorities,
relied upon by tho Governor. Thcro
wcro two opinions of Attorney's General.
Tha first by Wirt, iu 1824. Tor a papor
emanating from that great mau, it was
brief, apparently careless, aud unsound.
A refcrenco to a single sentence which is
tho soul of tho whole opinion, will show
that it is not sustained by tho opinion of
the Supreme Court, in any case, "For tho
regulation of Congress on this subject,
(commerce) is both supremo and exclu
sive." It is sufficient to say that tho Su,
prenio Court havo since said that "this
right of the States (the right upon which
the Attorney General wa.n then giving
his opinion) has its foundation in the sa
cred law of self defence" &c.
The second opinion bciug that of At
torney General John M. Uerricn, of dato
1831, so far from sustaining tho Gover
nor's veto, is diametrically opposed to it,
sustaining our position to tho letter, aud
is in accordance with tho decisions of tho
Supremo Court just quoted. Ho says, in
speaking of tho very samo subject as
both Attorney General Wirt, aud tho Su
premo Court, "on the Contrary, I think
that such an act of legislation is, uudcr
the circumstances which I have supposed,
a justifiable excrciso of tho reserved pow
ers of that Stato, and ought to havo ef
fect; that Congress are under a constitu
tional obligation to respect it ia tho for
mation of treaties, and in tho enactment
of laics."
The caso of Drown vs. the State of
Maryland. (12 Wheaton,) relied upon in
tho veto, in which a license fee was im
posed for leave to sell unbroken packages
of imported mdrchandisc, furnishes no
argument or authority against us. It
was a tax for revenue, deriving no sup
port from the police power of the State,
and was. of course, unconstitutional.
The California case, reported in 7 Cal
II., of date of January, 1857, grew out
of an act of tho Legislature of that
State, imposing a tax of fifty dollars on
every person arriving iu the Stato, iu
comjictcnt to become a citizen. The
opinion of the Court throws no light on
thi3 question. It occupies less than a half
a page ; and is rested entirely upon the
decision in 7, Howard ; concluding that
the question arising in California was
settled in the passenger case. I claim
that such a judicial investigation of that
case as the argument of counsel and
its importance demanded, could not by
any fair course of reasoning, have brought
the Court to the conclusion arrived at.
The Passenger case relied upon by the
California Supreme Court, was establish
ed to be a revenue measure; the States
of New York and Massachusetts not hav
ing manifested the slightest objection to
passengers entering tho State. The per
sons proposed to be taxed were free white
persons ; the very persons, by the natur
alization laws,- invited and entitled to en-
ter the State nrul Anirtv fill iho .
of American citizens. But was this the
... V J r.uirci;vo
case in California ? Far from it. It was
the very reverse of the New York case.
California proposed by the tax to restrain
le immigration of persons not entitled
to become citizens of the United States.
It was not for the purpose of obtaining
revenue, but the ctercie ot the sover
eign
ri"ht to detenu herself oirainst a
class of people judged to be destructive
of her best interests.
It was therefore, tho exercise of a po
lice power never ceded by the Constitu
tion of the United Statc3 to the general
V hile, from the nature of things, it i
often inconvenient to impress the public
mind with the idea of approaching evil,
yet the rapidity with which the Congress
of the United States are advancing the
universal suffrage, citizenship, and qual
ification for office, cannot fail to attract,
the attention of the mas.- of our breth
ren who have made their homes within
the "Golden Gate."
Having established by the opinions of the
Justice of the Supreme Court who pro-
uounceu me j augment in me passenger
cases, as well as by those who dissented, that
the police power of the state is superior
to any power granted congress, and espe
cially that to regulate commerce, it only
remains to show that the act act "to tax
and regulate Chinamen, and prevent their
employment upon public works" is a po
lice measure.
As was shown in the first number of
this review, that the 31st section of the
first Article of the State Constitution,
empower the Legislative Assembly "To
restrain and regulate the immigration to
this state of persons not qualified to bc
como citizens of the United States."
Therefore and inasmuch as by the natur
alization laws, only free white persons
can become citizens of tho United States
it follows that immigration of Chinamen
may, so far as our constitution is concern
ed, be regulated and restrained.
This provision of our Constitution,
based on the sacred law of self defense,
is the first act, and of the highest author
ity in the State, declaring it objectionable
for persons not capable of becoming citi
zens of the United States to enter the
State. In terms it is a police measure
and the act in question proposes to carry
it into execution. Bearing in mind the
class and description of persons to whom
the act is to apply, a reference to a few
of the general rules and definitions laid
down by the Court, such as that the
State may guard the morals, quiet, safety,
health and lives of its inhabitants, and
provide generally against anything calcu
lated to introduce either a moral or phy
sical pestilence, ought to leave no room
to doubt, as to the proper subjects of
sovereign or police regulations. Still,
we may go farther and name some of the
universally recognized subjects of such
measures.
Quarantine Laws, arc enacted by ev
ery State in the Union. They reach the
vessel, muster passengers and cargo be
fore their arrival into port; control and
direct the ship and everybody and every
thing on board, to the end of securing
the inhabitants of the State against dis
ease. Pilot -Laws, whenever necessary, en
acted by the State Legislatures, control
the master and crew before they enter
the harbor.
Harbor and Port Laics. These,
equally binding, are enacted by the State
.uegisiatures. .. , .
Paupers, by state law are met at
the threshold of the state and cither ad:
mitted upon condition, or turned away,
aud penalties inflicted upon such as may
introduco them.
Convicts and tusjKcled persons : by
some states are excluded or admitted upon
conviction.
The Insane Infirm, Imbecile, Aged,
Maimed t incompetent to maintain them
selves. Are universally subjects of police
regulation, under; which many, it not
most of tho states, they aro liable to be
excluded altogether, or admitted upon
condition.
Slaves and Free Negroes. Havo been
tho subject of l'olico regulation of each
stato under which they wcro excluded by
reasons of their endangering tho domes
tic security of tho stato.
Upou almost every page of tho lengthy
opinions of tho Supremo Court, aro to bo
fouud rules and definitions and instances
with refcrenco to tho exercise by a Stato
or tho sovcreigu right of excluding from
her territory objectionable persons.
In determining whether Chinamen ought
to bo considered as embraced in that
class, wo can but regard thrir numbers,
language and condition at homo ; tho in
ducements and facilities, nroscut and
prospective for their emigration hither;
thoir continued relation to thoir own gov
ernment, laws and religion, (so to speak)
and with all this, their indirpositiou and
incompetency for naturalization.
Then our ancestry government, relig
ion and laws; our departments of science,
labor and pursuit, differing so widely
from thoKO of tho Chinese, as to exclude
for an indefinite period, the idea of be
coming with them ono people ; yet with
increasing millions pouring iu, as will
certainly be tho case, not only upon this
coast, but throughout the United State,
to continue a scparato class of human be
ings, in whom we catt havo but little con
cern for their education or moral, who
will undertake to dctermiuo how louir
such a state of things could continue
without spreading throughout tho land, a
moral pestilence.
Time nor space will allow more than to
give a skeleton view of this branch of the
subject. I leave it for the reflecting mind
to fill out.
Aside from what has already been said,
the adoption of this measure by tho Stato
Convention, goes far to establish its wis
dom. It was introduced into the Consti
tution by acknowledged ability Judges
Dcady, Boise, l'rim and KcUey, now up
on the Bench. Col. Kelly, Gen. Lovejoy,
Judge Shattuck and others, not now re
membered, were members of the Consti
tutional Convention, and most of them
advocated aud supported tho measure.
And whatever their views way now be,
they must then have believed it to be one
of acknowledged right.
In the spirit of history, the Declara
tion of Independence, the Constitution
of the United States, and our naturaliza
tion laws, confined to free white Europe
ans, Congress impressed the native Afri
can and Chinamen as subjects of State
exclusion ; and if, therefore, unfit and I
onsuitcd to be made ci&uDB of the Uni-
ted States, by a parity of reasoning, they
arc objectionable persons in the estima
tion of a sovereign State.
But Congress has done more than cast
upon the Chinamen and African the ban
of exclusion. It has admitted many
States into the Union by cxprc. enact
ments, whose constitutions contain a va
riety of prohibitory clause, laying the
foundation for police measures in princi
ple like ours. The Constitution of Ore
gon, containing the provision in pursu
ance cf which the China bill was enacted,
was submitted to Congress examined,
modified, and accepted. Upon principle,
and under the repeated decisions of the
Supreme Court of tha United States, the
validity of that clause of our Constitu
tion is placed beyond question. Whether
the appropriate mode of carrying it out
be by tax, import, regulation of com
merce, or as a sovereign police measure of
the Stale.
The decisions herein thus far has been
directed to showing that inflicting a pen
alty, as provided in the 5th Section of
the Act for bringing Chinamen into the
State, is not a revenue measure, interfer
ing with the congressional power to regu
late commerce with foreign nations, but a
police meamre, under the sovereign
rights of the State, never ceded to the
general government.
In the veto, the -8th and Oth Sections
of the act are included in tho objection
to the 5th. If the Sections referred to
were similar, no further discussion as to
Sections 8 and 9 would be necessary, but
the author of the veto does not seem to
have made himself fully acquainted with
the nature and object of these latter sec
tions. The 8th is a provision to secure
the State against the introduction of Chi
nese slaves or involuntary servants; and
to this end forbids the master of a vessel
from landing any Chinamen, unless upon
certificate from tho proper Chinese au
thority that such Chinamen are not sub
jects of "slavery or involuntary servi
tude." No one will question that the
practice exists, and is carried on exten
sively on this coast, of an involuntary
immigration, of Chinese, introducing
among us a species of slavery, demoraliz
ing and detrimental to tho best interests
of the State. Without a thorough ac
quaintance with their language and laws
its detection would be next to impossible.
Chinamen arc alike, and with few excep
tions, it would be difficult to distinguish
one from another, after leaving the vessel
and mixing with a crowd of their coun
trymen. Hence the officer is required to
demand thoir evidence of freedom while
yit on the vessel. ,
In view of the evils that must eorcly
afflict every country wherein Chinese la
bor may be brought in competition with
that of the white man, and more espe
cially where such Chinamen are subjects
of slavery or involuntary servitude, I am
surprised to find this section objected to.
Ihere is good reason to believe,, if the
truth was known that nearly all the Chi
namen upon this coast are directly, or in
directly subjects of involuntary servitude.
And under such circumstances they are
made to compete with the white laborer,
who must either yield the field or labor
at prices wholly unsufficient for the sun
port of a dependent family. I regard
this section of very great valuo in view
of the ordeal which the nation has just
J il t P it... xf .. - n i n
passea tnrougu ior me extinction oi ai
rican Slavery introduced by our fore
fathers with less promise of evil than
that contemplated by the 8th Section of
the act to regulate Chinamen.
Tho Section 9 objected to, is auxiliary
to the 8th. It only inflicts a fine of $1,-
OUU upon the master of any vessel land
ing a Chinaman without having presented
evidences of freedom from slavery and
involuntary servitude.
Tho friends of the whito laborer, whith
er farmer, mochanio or day laborer, havo
to rcjoico that uo objection lien, cither in
tho Constitution of Oregon or tho Uuitcd
States, against those provisions of tho act,
imposing a monthly license, fee upon
Chinamen for leave to work for hire or
wages; and prohibiting their employ
ment upon public works.
It should not bo forgotten that tho
subject is ono of interest to tho whito race
iu every Stato of tho Union; and the
wore especially so, becauso from proscnt
Indications tho proposed 15th amendment
to tho Constitution of tho United States,
giving universal Huffrngo and right to hold
office to every citizen, will become tho
law of tho land ; although to bo effectual,
it must bo adopted by three-fourths of all
tho Stato Legislatures. That Republi
can States will all ratify tho amendment,
no ono at all observant of their subservi
ancy to tho reckless inroads of Congress
upon the Constitution, ought for a mo
ment to doubt. That amendment is not
to run any chances of defeat, and this,
Sonators Williams and Corbett very well
know. All this ado of theirs against Chi
nese citizeuship, is too transparent to mil
lead any body. It is but a dixpemation
by the Republicans in Congress, to enable
them, if possible, to withstand tho storm
of indiguation against African and Chi
ucso equality. Tho Oregonian ccs the
point when it says, "Tho Republicans of
other States who understand tho'Chincso
Question' will also refuuo to aupnort the
amendment. The Republicans of Oregon
will havo nothing to do with it ." What
I'hinc.HO Question doc tho Oregonian
mean ? The Democratic party have been
dlfcus.siiig the Chinese and African ques
tion for tho last ten years, always being
confronted by the Rrcpublican leaders
with their equality doctrine. Will tho
Oregonian now fehakc tho dunt from
his feet against the Republican party, and
fur once acknowledge that this in a white
rnau'n government X or if not, what docs
he mean f Why, thw amendment h the
very cap sheaf of Republicanism. Kvery
whito man should study and understand
it. Ho will find it more dangerous than
any one yet proposed, and it is the more
dangerous becaueo it ii intended to ap
pear to be comparatively harmless only
confering the elective franchise, and right
to hold office, upon citizen of the United
State. The Oregonian of the 2 1th of
l ebruary, copying from the Sacramento
Union, uo treats it when he says" Since the
teord citizen is used, no foreigner or subject
cf a foreign power is included. It it only
those bom upon our soil, and not subject
to a foreign power, and tho e duly natur
alized who are described as etieens."'
It is its insiduous approach upon citizen
ship through naturalization, and the aov-
crignty of tho State, which makes tho
propped amendment io ihe Constitution.
MB . I l 1 . ! . . I
v earning BKin io ii, a suujcci oi mc
deepest concern to the whole race of white
men, whether of huropo or America.
lhey bhould view it as a precipice, and
fly to the furthest point of retreat.
The amendment giviig every citizen
of tho United States, without destinction
of race or color, or previous condition,
the riglit to rota and hold ofBce, under
our present naturalization laws, confined
aj they are to free white penont, would of
course exclude native African and Chi
namen from votiuxaod holding office. Hut
herein lies the deception. The Condi
tion of the United State already," as we
have Keen, confers upon Coniricss
the power of passing naturalization laws.;
How casv aud how ouick Congress, if
deemed necessary, could change the rule
of naturalization. Hy a single stroke of
tho pen tho words free while mav bei
stricken out and tho Chinamen and na
tive African as they swiftly land upon
our shores may becom citizens and once
citizens of the United States, the train of
rights, privileges aud immunities to fol
low, aro not to be measured j they will
vote, hold office, aud claim an equal part
in tho administration of the government
in every State of the Union.
This is not all of the enormity of the
proposed action of tho Republican party
in Congress. In amending the naturali
zation laws, Congress could easily exclude
Germans, Irish, or Knglish : or place
disabilities upon white men from any gov
ernment, ana in their mad freaks uproot
tho very foundations of society and good
government in every Stato.
Seeing this state of things, we may well
congratulate ourselves in Oregon, that as
yet, compared with California, we hare
few Chinamen among us. Unless, bow-
ever, rstrameu ana aiscouragca. witn
present and prospective facilities for im
migration, whether admitted to cittizen
ship or not, what may we not except from
that crowded population greater than all
Europe and the United States; and what
shall be their status iu Oregon and other
States in tho Union, aro questions ad
dressing themselves to every reflecting
mind. W. W. CiiArMAN.
. February 25, 18Ca.
COUNTY KCHOOIL FUND.
Clerks of School Disttricts in tho County
of Linn are hereby notified that warrants
upon the Treasurer for tho amounts of School
fund due tho several districts. Tho war
rants will in no caso bo delivered to third
parties without written orders from the
clerks.
Tho amount of County fund distributed
among the districts this year is as follows :
Coin $4 1 a04pl
Currency 2t757;58
Total. .......... $5,&62,09
This amount is divided among 4,020 schol
ars, giving to each scholar reported $1,70,
315 forty per cent of which is currency.
The total amount apportioned this year
exceeds that of the last by $791,51, but ow
ing to the greater per cent of currency this
year, tho coin value of the apportionment is
not increased. . , - ' '
Thirteen districts have not reported, and
consequently receive no portion of tho pub
lic fund this year. Applications havo been
made for copies of tho school law, but there
aro nono on hand, or obtainable for distribu
tion, till a new issue is authorized by law.
Clerks can refer to the school law when nec
sary by application to tho Justices of thoir
precincts a fact which somo appear to have
forgotten. J. W. MACK,
Co. School Sup't.
, ; . .
He that pelts every barking dog must
pick up a great many stones,
Mt tMXlb
W. XI. ABBOTT,
Editor.
SATURDAY MARCH C, 1800.
OU12UON
AUKIC'tfriJKAL
CIHTV.
HO-
A lato Portland Commercial thus
alludes to tho Stato Agricultural So
ciety. " It was discovered at tho lat Meeting of
tho Board of Managers of tho Oregon Ag
ricultural .Society that they h.ivo no exist
ence, no charter, and henco all creditors
holding claima on tho Society, depend solely
on tho honor of tha members. It is doubt
fui whether tho Society could Jcgally claim
a dood of tho donation tract oi tW acres, on
which thecjhibitionsaro held what gi'Ounds
of confidence will the publisher and patrons
of tho forthcoming "Willamette Farmer"
have 7 Can this big project be uccefully
sustained on tho honor of tho Society 7
Havo they surplus enough to keop up so ex
pensive a paper and pay all demands? Let
ho creditors answer, or what is more tangi.
Mo suggest to tho legislature that they
frutno a charter fur this Society which has
survived an illegal existence for eight years,
and thus solve these doubts."
If tho rtatcmciits made by the
Commercial bo true, it is high time
something wcro done to remedy the
evils designated.
In this connection we quote the
following from the Portland Herald
of a late date, as it corroborates the
view wo have heretofore taken of the
qualifications of Mr. Minto for the
post to which he has been assigned:
"Wo learn from a responsible source that
John Minto, ono of tho secessionists of the
lant lgtslaturc, is to edit tho Willamette
Farmer. a We should judgo From the tenor
of tho article h wrote to the Oregonian t nt
the time ho sent tho report of the
proceedings of the Board of Directors of
thcStato Agricultural &xiety, that he would
bo a pretty specimen of a man to edit an
agricultural paper. Wo understand that
this man Minto is about as fit to flit an ag
ricultural newspaper an ass is to sing
hymns. Bigoted, inexperienced and Igno
rant, alt the Willamette Farmer, under hi
control, would haro in it of any value would
bo its selections (if the publisher would
make them) and Minto's editorials on rams.
All Minto can write or think about is rams.
MinU has got ram on tho brain."
Minto is one of the fifteen Itadical
who resigned their seats in the Legis
lature, thus breaking up the quorum,
and placing it beyond the power of
that body to pass an appropriation
bill. If he resigned with a full knowl
edge of the disastrous consequences
of such a step to the tax-navCrs oi
Oregon, then !;0 U no friend of the
I laborer and mechanic. If he resigned
I 1 1. .. f I. .1 !..
because he was led into this conspira
cy against the laboring masses by the
Governor, then he has not sufficient
independence and force of character.
If he resigned and then afterwards
connived at the action of the Gover
nor in withdrawing his resignation
after its acceptance, and after it had
been placed on file in the Secretary
of State office as that ofliccr has
certified he did then he is weak and
vacillating, and withal somewhat
knavish. If, when lie resigned, he
was not impelled by any or all of the
foregoing reasons, but was dimply
hasty aud inconsiderate, then he lacks
some of the most essential attributes
of a successful editor of a public
journal. If he resigned because he
believed he would thereby materially
injure the Democratic party and we
aro inclined to think this the chief
reason then ho is entirely too
much of a partizan to conduct a jour
nal designed to cater to the tasto of
all parties. In any light in which his
resignation can be viewed, it looks
lecidedly ugly.
M'CJItO NL'FI'K iJE.
The Springfield Journal, tho organ
of the Radicals of tho State of Illinois,
in speaking of the assembling of a
Constitutonal Convention, iu connec
tion with tho question of negro su
frage says :
"The peoplo of Illinois, in indorsing bv
an overwhelming majority tho Congrcasion
al plan of Southern Reconstruction, did so
in earnest ana on principle. They have al
o voted to ratify tho Fourteenth Constita
tional Amendment. They propose to star.d
honestlv bv both. Thcv do not unit of hn
Southern States anything in tho way of
cquni, civu anu pouucai rigms to ail men,
which they are not willing to bo bound by
themselves. They propose to " fight it out
on that lino' in the approaching Constitu
tional convention j and will at tho same
timo hail with satisfaction any proposition
emanating from Congress which by Consti
tutional Amendment, will-establish ''this
dogma" all over tho land.'
This issue is very plainly stated by
tho Journal. Wo hope wo will hear
no moro about tho Radical party not
being in favor of "this dogma" now.
They havo "taken the bull by the
horns,1 in Illinois at least ; and there
can bo no quibble there on, this qucs
tion.
The Washington correspondent of tho
St. Louis Democrat says that "Gen. Grant
is already, and. By cautious investments,
is destined to bo very rich somo dxy rank
mg with the most opulent He owns 38
acres of land within tho corporate limits
of Washington, worth $G0,000. A farm
near St. Louis and houses at Galena and
in Philadelphia should add 6100,000 to
the former items. Three hundred thou
sand dollars will probably not bo in ex
cess of tho General's possessions-1
Mrs. Lydia Maria Child whuld walk
barefoot all tho way to California if that
would make Charles Sumner president.
Hut it wouldn't you know.
Tho musical influence of water is shown
by tho fact that drowning men catch - at
Strauss.
IMK-
E. G. Randall, convicted in the U.
States Court of robbing letters pass
ing through the Portland post office
and sentenced to servo twelve years
in tho penitentiary, has been pardoned
by President Johnscn. The pardon
was granted in consequence of the
recommendations of the prosecuting
attorney, together with numerous
citizens of the city of Portland and
this State. "Wo felt well assured
some time ago that Randall would be
pardoned. It is contrary to Radical
practice and precedent to do other
wise. If they would now put him
back into his old place again they
would do tho handsome thing by him.
We hope some one will soon make a
move in this direction. If it should
be siiccesful all Randall's old friends
would come around him again, all
swearing that they never believed he
was guilty, and that ho is a prince of
good fellows.
ciiim;ki: i:xcxtiov.
Wo publish to-day Col. Chapman's
review of the Message of the Govern
or vetoing the China Rill. It is some
what lengthy; but as this Chinese
question is yet destined to assume
ponderous proportions on the Pacific
coast, we suppose no one will com
plain, especially as the Colonel han
dles his subject in a masterly manner.
He meets aud completely overthrows
the Constitutional objections embrac
ed in the veto message showing that,
according to the decisions of the Su"
prcmc Court, none but while Europe
ans have ever been invited to onr
shores, or a participation in our State
and Governmental affairs.
Ifo.v J. S. Smith. We received a
letter from Hon. J. S. Smith a few
days ago, in which he says : "I am
just now afflicted with inflammation
of the eyes, and have to employ an
amanuensis in addressing you." The
many friends of Mr. S. in Oregon
will join with us in the hope that he
may speedily recover.
IX Y TEL I: ii It X V II
covriLtD rSOM TBE OSKCOS BERAL
Wamii.votos, Feb. In the Senate the
report of the Conference Committee on the
Naval Appropriation Hill was concurred in.
Sherman, from the Finance Committee,
reported back Schenck's till to strengthen
the public credit etc., with slight amend
ment. The Committee on Finance were dii
charged from the further consideration of the
bill to encourage the building of steamships
by the United States.
The Committee on Public Iand reported
several bills and were discharged from the
further consideration of several others.
Morton called up the resolution to pay the
Senators from the reconstructed Slates from
the banning of the Fortieth Concress.
The pending amendment was for their
payment only irom tho beginning oi the sec
ond session of the Fortieth Concress. The
resolution was discussed until the expira
tion of the morning hour, and then went
over.
The report of the Conference Committee
on the Constitutional amendment then came
up.
Kdraund said the Conference Committee
had struck out the very life of the resolu
tion. I'omcroy and Howard aba denounced the
report ol the Committee.
Wilson said he had fought slavery for
thirty years and had always demanded what
was right, and now be was willing to take
what he could get. He believed every step
made the next one easier. Ho should con
tinue to agitato until equal lights to all men
were undisputed.
I'omcroy moved to disagree, and ask a fur
ther conference.
Morton said tho Committee bad exceeded
their powers by striking out tho vital por
tion of the text which had already been
agreed to by both houses. Tho Committee
bad acted unwisely and in violation ot par
liamentary law. They bad no right to
striko out the proposition in which toth
houses had concurred, namely : o State
should deny the right to vote or hold office
for certain specified reasons. He believed
half a loaf better than no bread, and would
vote vj agree to the report it nothing bet
ter could bo had ; but this caso would be a
warning never again to entrust any impor
tant iueasure to a Committee of Conference.
Sawyer explained the position of the lie-
publican patty at tho South.
. Frelinghuysen urged tho passage of the
amendment "because tho Republican party
would not have a two-thirds majority in tho
next uongrcss.
Stewart said a number of Legislatures
wero now in session, and if tho amendment
Saascd it could be ratified ; but if the Senate
isagrccdfnll was lost.
Davis said that the Kc publican 3 mizht ex
pert Democrats enough to givo them a two
thirds majority. Laughter.
Hendricks thought such an appeal the
most extraordinary ever made in tho Sen
ate urging tho passago of a resolution for
the reason assigned by Frelinghuysen and
btcwart.
Frelintrhuvsen said he had einco ascer
tained . that tho Republican party would
havo a clear two-thirds majority in tho next
House, and he therefore withdrew ms rea
son. ,
Hendricks spoke till four o'clock when the
benato took a recess. .
In the House the civil appropriation bill
was made tho special order for to-morrow.
Tho deficiency bill was considered in Com
mi tteo of the Whole.
Tho appropriation of $150,000 for tho San
Francisco Mint was rejected.
Washington, March 1. Judd introduced
a resolution in the Houso requiring the com
pletion of tho Pacifio Railroad according to
standards fixed by tho special commissioners
now examining thoContral Pacifio Railroad.
In reply to a committee of Republican
Representatives of the Southern States,
Grant said thcro would bo a change in the
military condition of the South. In reply
to a question whether Sheridan would be
sent to New Orleans, he said not now, ow
ing to tho condition of Indian affairs. lie
had ordorcd him to remain and pursue the
Indians,
It is said that McPherson, Clerk of the
House, will hold tho Goorgia and Louisiana
credentials as incorrect.
, In the Third and Fourth Districts of South
Carolina there are two conflicting creden
tials, signed by State officers.
After tho election of Speaker on Wednes
day, Colfax will resign, delivering a yale
dictory, -
VOHTSlAHTim UWDALL
ioni;i.
ILtKKD Ham. -Most
It is much better baked, if right. Soak
it for an hour in clean water and wipe it
dry; next spread it all over with thin bat-
muu i.jvu put into a deep dish with
sticks under it, to keep it out of the trrrrr
When it is fully done" fake off SfHLV
and batter crusted upon the flesh side,
and set it awav to cool. '
0 - -
What is tho difference between a
special constable and a superannuate d
cons able? The formcr'i sworn in,
and the latter' worn out.
It is a general remark that all classes
of person arc ever ready to give their
opinions. The lawyers must be excepted
they sell theirs. , r
..,.,.J
1 f a redbrcst comes into your frmt garden.
does bo come there a robin?
A setting hen could not be called a toma
hawk, but it might be called a hatchet.
NEW AUVEHTISE3IKNTS.
CHANGE OF BASE!"
BltAIN & YOUNG,
ALBANY, - . . . OREQOn,
Ilarlnjf tagbt all lh tercbti.Jic of J. Barrowf
tt Co., will cofttiuu the has'mtnt. And
we inn'to all to gire tt a call.
We will he com taotl
receiving
GOODS DIRECT FROM SAN FRANCISCO,
AXD WILL KEKI A
GENERAL ASSORTMENT
or
IB1T a- o o
DS1
GROCFRIES,
II A at I W A It & ,
CROCKERY, &c
WE WILL OFFER INDUCEMENTS TO ALL
Iteadj-.Pay Cavtomcr !
A LL rElLSONS OWLVO THE FIP.M OF
l V"" Co.. will plea, eali and ettt.
fcuher tnemUr of tU firm U aatfaorize j to letila
any accai.t .f tl. tW.ftnr.
March 6, lSCJ-T ln2'Jif.
, J. BAKROWS A CO.
HL'JIMOXN.
In the Cou,dy Court Jor the County of JJ,
Slate of Oeeoon.
Ifftl.
E. Jf. Moore, G. Garst and W. II. Baber
heretofore partner in trade, doing bittints
un-ler tlx jinn, name, and ff'leef Sfoore.
Oar d- Jia'H-r, ITjfi,, . j. Frake,f
To J. EL Frakcs. Defendant:
INJSE?AME 0F TIIE STATE OF ORE
.ON : ou are hereby cjuiml to appear and
auMrer the complaint aj-ainH jm ia the
raid tuntjr Conn of Lino county, State of Ore
gon ly the Ul day of Kaid Coort. commencing
on the Drift Monday ia May. Uf,9. And job will
take notice that if yo fail to answer as aUre re
rtiired,jodmcnt will Le taken a?aint yo for
iheum of $VJ 51 in L S. gold coin with inter
tit thereon fr- ra Jnnry in, J$6X. ,t oB rr
ceot. icr month l-iJ cou and difbartcmeau.'
7 r.Jwr "f ,h llD- 's- A. JOHNS,
Dated jrarch 3, isfi'j. County Jad .
N. II. CBAsog, Att'y for I'l ff. t4o?9w6..
In the County Cvurt for the County of Linn.
State of Orejim. -F.
B. M'rc if- G. Garxt, heretofore partners
in trade, doing business under the firm.
name, and style oj Mwrt t- Garst, iTffs,
vs. J. T. Frake and J. M. Frales, DeJ'ts.
To J. EL Frakea, Defendant!
1X,E ?A3IE OF THE STATE OF ORE
GON : 1 on are hereby reonired to mrif ..!
ancwer the complaint filed against yon in tho -aborc
entitled action, by th aid pUintiCi in tbw -aid
County Court of Linn county, State f Ore
gon, by the first day of the term f raid Court,
commencing upon the first Monday in May, 1889.
And you will take notice that if you fail to an-"
wer ai above required, judgment will be taken
againt you for the sum of 00 in r. s miA
coin with interest thereon from tha 15th day f
October, 1S6S, at one per cent per month, betides
co.ts and disbursement!.
By order of Hon. S. A. JOHNS,
Dated, March 3, 1869. Judga.
N. II. Crasob, Atfy for ITS. &29wft.
In the County Court for the County of Linn,
xuc uj srryon.
E. B. Moore, G. Garst and HI II. IJaber.
ntiiojuTK purinrrs in iraac, doing business
under the firm, name, and style of Moore.
Garst liaber, PVJTs, rs. J. 'D. Ford,
J. T. Frakes ami J. M. IVakcs, Deft.
To J. EL Frakes, Defendant t
IN TnE NAME OF THE STATE OF ORE- -CON
: You are hereby reauired to atnr ,i
aniwar the complaint filed against yoa in thw 1
abora entitled action, by said Pl'ffj, in tha tald
County Court of Linn County, State of Oregon,
by tho firt day of the term of said Corxt, com
mencing upon me nrst Monday in May, 1S59.
And you will take notice that if you fail to aniwer -M
above required, judgment will be taken inimi
you for the cum of $255 33 in U. & gold coin with
interest from Nor, 25, 1867, at one per cent, per
month thereon less a credit, Oct. 10, 1868, or "
$82 60, and one of $6, Dec. 8th, 1868, and $11, .
Jan. 1S69, besides eoat and disbursements.
Jjy order or Hon. S. A. JOHNS,
Dated, March 3, 1S69. County Judge.
N. II. Cbanob, for Prffs. r4n29w6.
SUU.1IOXS.
In the County Court for the County of Linn,
State of Oregon.
E. B. Moore and G, Garst, partners in trade
under the firm, name, and style of Moore
fc Garst, R'jfs, vs. J. M. Frakes, DefU.
To J. TSL Frakes, Defendant 1
IN THE NAME OF TIIE STATE OF ORE- -GON
: You are hereby required to appear and
answer the complaint filed against you in tho -above
entitled cause cf action by the above nam- -ed
prfli in said Court, by the first day of the term .
of said Court, commencing on the first Monday in . .
May, 1S69. And you will take notice that if you
fail to answer as aboTe required, judgment wiU be
taken against yoa for want thereof, for the sum of"
$308 91 ia U. S. gold coin with interest at one per
cent, from Oct 24, ISC8, and for the further aam,
of $27 17, money due, with interest from this date-I
By order of Hon. S. A. JOHNS.
Dated, March 3, 186 9. County Judge.
N. II. Ckaxor, Att'y fcr Pl'ffs 4n2tfw6-.
NOTIC12 OF SALE.
NOTICE IS HEREBY GIVEN, MAT, BT
virtue of an order of the County Court cf
Linn County, State of Oregon made on the 2u
day ot March, 1869, in tho matter cf the estate of
Thojna J, Breoden, deceased, the undersigned
Administrator of the said estate, will sell at pub
lio auction, to the highest bidder for cash, TJ. S.
Gold coin, cn 9. credit tf 6 months, with note for
coin, seoured by mortgage on the premises sold, on '
Monday, the 5th Jay of JpvUt J8G9
between tho hours of ft o'clock a. m. and 4 cVIoek
p. m. of said day at tho Court House door, in tho
city of Albany, Linn econty, Oregon, tie follow;
mg described land, to-wit ;
Beginning at tho N. .15 corner of Use L W
quarter of tho S. Y, quarter of Section 27 of Tn
13,S. R. 1 West Willamette Meridian thence
West 80 rodsj thcooe South 160 rod?; thenee
West 80 rods; theuoo South, 8Q rods; thecc
East 160 rods; thence North 140 rods to the place
of beginning, containing 160 acres, more or less,
in Linn county, Oregon. NOAH SHANKS,
March 2, 1809. v4a29wl. Administrator,