Imagens das páginas
PDF
ePub

The qualifications of a juror, under the law, is a proper subject for the decision of the courts. The Commanding General, in the discharge of the trust reposed in him, will maintain the just power of the judiciary, and is unwilling to permit the civil authorities and laws to be embarrassed by military interference; and as it is an established fact that the administration of justice in the ordinary tribunals is greatly embarrassed by the operations of paragraph No. 2, Special Order, No. 125, current series, from these headquarters, it is ordered that said paragraph, which relates to the qualifications of persons to be placed on the jury lists of the State of Louisiana be, and the same is hereby, revoked; and that the trial by jury be henceforth regulated and controlled by the constitution and civil laws, without regard to any military order heretofore issued from these headquarters.

By command of Major-General HANCOCK. W. G. MITCHELL, Brevet Lieut.-Col., and Act. Assist. Adj.-Gen. General Orders, No. 1.

HEADQUARTERS FIFTH MILITARY DISTRICT, NEW ORLEANS, January 1, 1868. Applications have been made at these headquarters implying the existence of an arbitrary authority in the Commanding General, touching purely civil controversies. One petitioner solicits this action, another that, and each refers to some special consideration of grace or favor which he supposes to exist, and which should influence this department. The number of such applications and the waste of time they involve, make it necessary to declare that the administration of civil justice appertains to the regular courts.

The rights of litigants do not depend on the views of the general-they are to be adjudged and settled according to the laws. Arbitrary power such as he has been urged to assume has no existence here. It is not found in the laws of Louisiana or Texas-it cannot be derived from any act or acts of Congress it is restrained by a constitution and prohibited from action in many particulars. The Major-General commanding takes occasion to repeat that while disclaiming judicial functions in civil cases, he can suffer to forcible resistance to the execution of processes

of the courts.

By command of Major-General HANCOCK. GEO. L. HARTSUFF, A. A. G.

He also reinstated several of the civil officers removed by order of General Mower. General Mower himself was relieved from the command of the District of Louisiana, and ordered to join his regiment at Greenville.

The Constitutional Convention, which was composed largely of colored delegates, assembled at New Orleans on the 23d of November, and chose J. G. Taliaferro to preside over its deliberations. The usual plan was adopted, of appointing various committees to prepare reports on different portions of the constitution, For nearly a month the delegates were engaged in receiving resolutions and discussing principles, and on the 20th of December a draft of a constitution was submitted. The first two articles of the Bill of Rights are in these words:

ART. 1. All persons, without regard to race, color, or previous condition, born or naturalized in the United States, and inhabitants of this State for one year, are citizens of this State. They shall enjoy the same civil and political rights and privileges, and be subject to the same pains and penalties.

ART. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

The franchise article provides that every male

[blocks in formation]

The following persons shall be prohibited from vot ing or from holding any office of honor, trust, or profit in this State, to wit: All persons who shall have been convicted of treason, perjury, forgery, bribery, or other crime punishable by imprisonment at hard labor; all paupers and persons under interdiction; and all leaders or officers of guerilla bands during the late war or rebellion. The following persons are prohibited from voting or holding any office of honor, trust, or profit in this State until after the first of January, one thousand eight hundred and sev enty-eight, to wit: All persons who, before the first of June, one thousand eight hundred and sixty-one, held the office of Vice-President, Secretary of State. Secretary of War, Secretary of the Interior, Secretary of the Treasury, Postmaster-General, or AttorneyGeneral of the United States, diplomatic agents of the United States, members of Congress, Judges of the Supreme, Circuit, and District Courts of the United States, Governors and Lieutenant-Governors of this State or of other States, Judges of the Supreme and District Courts of this State, Judges of the courts of last resort of other States, members of the Legisla ture of this State since the adoption of the constitu tion of 1852, who approved or encouraged the secession of this State or any other State, members of secession conventions who voted for or signed the ordinance of secession, and commissioned officers of the Army or Navy of the United States, who at any time engaged in the late rebellion: Provided. The Legislature may, by a vote of two-thirds of each House, remove such disability.

This article was adopted by the convention, 20 colored delegates voting for it and the same number voting against it. The work of the convention is not completed at this present writing, and forms part of the history of 1868.

Mention has already been made, incidentally, of destructive inundations resulting from extensive crevasses in the levees of the Mississippi River.In former times, when the planters could command a large force of laborers, in time of danger to these embankments, it was customary to set a watch upon them, and the slightest breach was promptly remedied. But owing to the disorganized condition of labor in the State, an extensive breaking away of the levees was not prevented on occasion of an unusual rise of the river last spring, and great distress was caused by the submersion of large tracts of land, attended with destruction of property and in many cases with loss of life. The provision made by the Legislature for the repairing of the levees was rendered, in a great measure. ineffectual by the political difficulties which followed. With the aid, however, of a special order from General Sheridan in August, a thorough examination of the state of the levees was instituted, and the question of an appropriation for their benefit from the Federal Government is before Congress at the present time.

A general failure of crops, owing in part to the neglect and apathy of those upon whose labor the agricultural interests of the State have

heretofore mainly depended, and partly to the general disordered state of affairs in that section, as well as to the untoward occurrence of the inundation, has caused great want and suffering, especially on the part of the freedmen. In former years, the industry of the State was mostly absorbed in the culture of cotton and sugar, but the necessities of the times are forcing attention to the cultivation of grain and fruits, for which the soil and climate of Louisiana are well adapted. During the season of 1866-'67, 347 sugar plantations were under partial cultivation, and the product of the whole has been estimated at about 40,000 hogsheads of sugar and 65,000 barrels of molasses.

Early in the year 1868 General Hancock received an official representation from the Auditor and Treasurer of the State that "the indebtedness of the State is such that under the present revenue laws the debt cannot be paid; " and a communication from the Governor declaring that the State Treasury is totally bankrupt, that the judges and all the other officers of the State cannot be paid, and that unless some remedy is to be applied the machinery of civil government in the State must stop." Thereupon the Commanding General issued an order providing for the efficient levy, collection, and custody of the revenues, and extending the time of the operation of the act of the last Legislature making appropriation for current expenses, which act ceased to have effect on the 31st of December, 1867. By this order, all dues to the State are made payable only in legal-tender Treasury notes of the United States.

LÜBECK, a free German city, belonging to the North-German Confederation. Area, 109 square miles; population, in 1862, 50,614. The budget of 1867 estimates the public revenue at 1,692,000 and public expenditure at 1,719,700 marks current (one mark current equal to twenty-six cents); public debt, 20,365,750 marks current. To the army of the old German Confederation, Lübeck had to furnish a contingent of 612 men. According to a treaty concluded with Prussia on June 27, 1867, the military force of Lübeck was dissolved on October 1, 1867, and the military obligations of Lübeck were assumed by Prussia. A Prussian garrison in Lübeck, consisting of one battalion, serves for the enrollment of the inhabitants liable to military duty in accordance with the constitution of the NorthGerman Confederation. The total value of imports in 1866 was 80,641,185 marks cur

[blocks in formation]

LUMPKIN, JOSEPH HENRY, LL. D., an American jurist and statesman, Chief Justice of the State of Georgia at the time of his death, was born in Oglethorpe County, Ga., December 23, 1799; died in Athens, Ga., June 4, 1867. Prepared for college by Mr. Ebenezer Mason, of the Mason Academy at Lexington, Ga., at an early age, he entered the University of Georgia, and upon the death of its president, Dr. Finley, he repaired to Princeton and entered the junior class. He was graduated at Nassau Hall with high honor in 1819. His classical scholarship was remarkable, and his relish for ancient lore and acquaintance with the classics seem to have continued with him through life. Immediately after his graduation he entered upon the study of law in the office of Judge Cobb, a man of professional distinction and national reputation, and was admitted to the bar in October, 1820. He commenced practice at Lexington, Ga., and his success was immediate; he sprang almost at once into the very front rank of his profession. The bar of Georgia at that day contained many very able lawyers, men of national reputation, and among them such men as Upson, Clayton, Cobb, Payne, Sherton, and others; but all soon acknowledged the youthful Lumpkin as their peer. It was said of him that so thorough was his preparation, and so impres sive his manner, that he never made a failure, and very rarely failed to carry the jury. After a brilliant career of twenty-four years, having amassed a considerable fortune and at the very acme of his reputation as a lawyer and an advocate, he was compelled to retire from his professional pursuits and to seek health in a foreign land. In 1844, accompanied by his family, he sailed for Europe, where he spent a year of great benefit to his health and keen intellectual enjoyment. 1845, during his absence, the Supreme Court of Georgia was organized, and without solicitation on his part, and even without his knowledge, he was elected Judge for the long term of six years without opposition. He was thrice reelected for six years and each time without opposition, a fact almost without precedent in this age of an elective judiciary. Judge Lumpkin was elected Professor of Rhetoric and Oratory in the University of Georgia in 1846, but felt constrained to decline. He was subsequently elected Professor of Law in the school attached to the University and which was named in his honor the Lumpkin Law School. He discharged the duties of this position most successfully until the breaking out of the war disbanded the school. In 1855 President Pierce tendered him a seat upon the bench of the Court of Claims, although he had always acted with the Whig party. Feeling that he ought to remain and serve the State that had so greatly honored him, he declined the appointment. In 1860 he was elected Chancellor of the University, and reluctantly declined the position, through attachment to the court over which he had so long presided. The

In

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][ocr errors][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][subsumed][merged small][merged small][subsumed][merged small][subsumed][merged small][merged small][subsumed][merged small][merged small][ocr errors][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

The Lutheran periodicals are 11 English (4 weekly, 2 semi-monthly, 4 monthly, and 1 quarterly), 9 German (4 semi-monthly, 3 monthly, and 2 not defined), and 6 Swedish and Norwegian (1 weekly, 2 semi-monthly, and 3 monthly).

The organization of those Lutherans who insist on a strict adhesion to the unaltered Confes sion of Augsburg as a condition of church membership was completed by the first "General Council" held at Fort Wayne, Indiana, on the 20th of November, and the following days. The Council was organized by the election of the Rev. J. Bassler, as President, Revs. H. W. Roth and J. Fritschell, Secretaries, and Dr. H. H. Mublenberg, Treasurer. According to the statistics above given (taken from an Almanac published in the interest of the "General Synod"), the twelve Synods represented at this meeting number about 119,000 communicants, while the friends of the new organization claim a membership of 133,296, with 538 ministers, 556 charges, and 1,030 congregations. A resolution was passed inviting those only, "who are in the unity of the faith with us as set forth in the fundamental articles of this General Council," The Fundamental as "visiting brethren." Principles "were then taken up. The New York Ministerium and the Wisconsin Synod having passed amendments, it was decided, that inas much as ten Synods had adopted them without any change, they cannot now be subjected to amendment, except in accordance with the provision which they contain. Other parts of the constitution were then considered, amended, and adopted. The ratio of representation was based upon the number of pastoral charges, ten of which are to be entitled to one clerical and one lay delegate, and more than five additional charges shall entitle a Synod to two more delegates. The action of the Joint Synod of Ohio was presented, declaring the conditions upon which it could alone unite with the Council, viz.: exclusion of congregations and ministers belong ing to secret societies, the communion to be restricted to Lutherans, non-interchange of pulpits with other denominations, and the rejec tion of Millenarianism. After much debate, a committee was appointed, which reported cer tain principles by which the Council would be governed in deciding these questions, when regularly presented. The Missouri Synod having addressed a communication to the Council, pro

*See ANNUAL CYCLOPÆDIA for 1866, p. 46.

posing a conference with it, resolutions were adopted, laudatory of the fidelity of the Missourians to the faith of the Church, and expressing a willingness, at some future meeting of the Council, to meet them in a free conference. The Iowa Synod presented a communication, containing its views on the subjects introduced by the Joint Synod of Ohio, on which a committee reported that the Council was not ready to indorse as correct the logical deduction and application of the negative part of the Confessional Books, "made by the Iowa Synod, and recommending that the matter be referred to the district Synods, in the hope that the Holy Spirit will enable them to see eye to eye in all the details of practice and usage." The resolution to publish the "Church Book," prepared by a committee of the Synod of Pennsylvania, was adopted. The book is to contain as much of the Liturgy as will be needed for public worship, a collection of about six hundred hymns, the Unaltered Augsburg Confession, Luther's Small Catechism, and a collection of Family Prayers. A committee was appointed, to correspond with Lutheran churches in the Danish West India Islands, and the Russian Possessions, when, after a vote of thanks to the people of Fort Wayne for their hospitality, the Council adjourned to meet in the English Lutheran Church of Pittsburg, at such time as the officers shall designate.

Among those belonging to this new organization of Lutherans, there is some difference of opinion on the subject of Millenarianisın. The Lutheran Synod of Missouri has expelled the Rev. Mr. Schieferdecker, one of their oldest ministers, on the ground of his having become entangled in the web of Millenarianism, which is condemned by the seventeenth article of the Augsburg Confession, and the Smaller Catechism. The Pennsylvania Synod, on the other hand, the first which last year withdrew from the old General Synod, has tolerated and honored prominent Millenarians in its connection, the Board of its Seminary electing one of them its president.

II. EUROPE. In a number of German states the former Lutheran State Church has been fused with the Reformed State Church into the United Evangelical Church. This Church is viewed by some as an entirely new denomination, which has superseded the former Lutheran or Reformed Denominations, but others consider it merely as a confederation, which does not interfere with the Lutheran or Reformed character of individual congregations, and with the continued existence of the Lutheran and Reformed Churches. By far the larger portion of the United Evangelical Church were formerly Lutherans, and many of these desire the repeal of the union and the reconstruction of a strictly Lutheran Church. It is therefore impossible to ascertain the precise number of the population which now belongs in Germany to the Lutheran Church. (Statistics of the Lutheran, Reformed, and the United Evangelical

Churches, are fully given in Schem's Ameri can Ecclesiastical Almanac for 1868.)

The Lutheran Church of Germany was, in 1866-'67, chiefly agitated by the question whether the Prussian Government would endeavor to bring about a union of the Lutheran and Reformed Churches, in the annexed provinces, to the United Evangelical Church in Prus- ` sia. Decided opposition to all union schemes was expressed by a large number of Lutherans, especially in Hanover, where, at a conference of 550 Lutheran clergymen held in July, the vast majority expressly approved a resolution declaring it wrong to admit members of the Reformed Church to the Lord's Table in Lutheran churches. Among the Lutheran missionary societies the most important one is that of Leipsic. From the report presented at the last anniversary of this society it appears that the mission seminary has at present 10 students. In India there are 6 missionaries, and one is at present on a visit to Germany. During the last year 741 heathen were baptized by the missionaries, and there are now 8,303 converts, and 373 places. The receipts have increased, notwithstanding the war.

The

The Lutheran Church is the State Church in all the Scandinavian states-Sweden, Norway, and Denmark. In Sweden, the Church has 1 archbishop, 11 bishops, 3,200 pastors. population, which, in 1865, amounted to 4,114.141, was all Lutheran, with the exception of about 10,060. Norway has 5 bishops, 336 pastors; population, in 1865, 1,701,478; with a still smaller number of non-Lutherans than Sweden. Denmark has 10 bishops, 69 provosts, 1,100 parishes, and 1,200 pastors; the population (1,608,095, and in the dependencies 124,020) are Lutherans, with the exception of 12,907 members of other creeds.

Austria has 1,218,750 Lutherans.

France has 44 consistories, 232 parishes, 199 annexes, 392 temples, 658 schools, 263 official pastors, 40 vicars; and in Algeria the Reformed and Lutheran (mixed) Consistory of Algiers has 12 parishes, 59 annexes, 71 places of worship, 12 schools, 16 official pastors. The Lutheran population is about 500,000, mostly in the Alsace.

In Russia the Lutheran Church is the predominant church in the Baltic provinces and in Finland. It has, in Russia Proper, 8 consistories, 431 churches, 566 ministers. The Lutheran population of Poland is 382,000, and of Finland 1,787,000.

In Holland there are two organizations of Lutherans; the one, the "Evangelical Lutheran," is supposed to be under the influence of the Liberal (Rationalistic) party, and has a population of about 66,000 souls; the other, the "Reformed Lutheran," adheres to the symbolical books, and numbers about 10,000 souls.

In the other countries of Europe there are but few Lutherans.

III. ASIA, AFRICA, AND AUSTRALIA.—The Lutherans sustain missions in India, China, and several parts of Africa. There are about 10,000

468

Lutherans and German Protestants in Victoria,
and a number in the other Australian colonies.
LUXEMBURG, a grand-duchy, united by
"personal union" with Holland, but which has
an independent constitution and administration.
The Governor is appointed by the King of Hol-
land. Present Governor (since 1850), Prince
Henry, brother of the King of Holland. The
present constitution dates from July 9, 1848,
and was revised in 1856. The electoral law
(adopted on November 17, 1857) provides for
an Assembly, consisting of 31 members, who are
elected for a term of six years. The grand-
duchy belonged from 1815 to 1866 to the old
German Confederation. Area 990 square miles;
population, in 1864, 202,937 inhabitants; in
1866, 203,851. The country is divided into
three districts: Luxemburg (87,799 inhabitants);
Dickirch (71,305), and Gevenmachern (44,747).
There are seven towns, the larger of which are
Luxemburg, the capital, with 13,487 inhabitants,
and Echternach with 4,100. In the budget for
the year 1866-'67, the receipts amounted to
4,958,520 francs, and the expenditures to 5,074,-
392 francs; there was consequently a deficit of
115,872 francs. The public debt in 1866 was
about 13,000,000 francs. The army consists of
two battalions of chasseurs, each of which has
18 officers and 763 under-officers and privates.
There is also a corps of gensdarmes composed of
3 officers, 27 under-officers, and 379 gensdarmes.
After the dissolution of the old Germanic
Diet in consequence of the withdrawal from it
of Prussia, the position of Luxemburg became
at once the subject of a diplomatic correspond-
dence between Prussia and the Netherlands.
Later the Government of France entered into
several negotiations with the Netherlands, with
a view to the purchase of Luxemburg. The
determined opposition of Prussia to this project
led for a time to a serious European complica-
tions, threatening a war between France and
Germany. Thus "the Luxemburg question"
occupied for several months a prominent place
in the history of Europe during the year 1867.
It was finally peaceably solved by the London
Conference, at which France relinquished her
project of purchase, and Prussia her claim to the
fortress of Luxemburg, and at which the inde-
pendence of Luxemburg and her neutrality in
case of war was placed under the joint guaran-
tees of the great powers.

The negotiations between Prussia and the Netherlands began as early as the 23d of June, 1866 (only nine days after the withdrawal of Prussia from the Frankfort Diet), with a dispatch from Baron de Tornaco, Minister of State of the grand-duchy of Luxemburg, to Count de Perponcher, Prussian minister at the Hague, asking in what light Prussia for the future considers the position of her troops in the fortress of Luxemburg, as they have up to the present day been there solely in the character of Federal troops. The Prussian ambassador at the Hague replied on July 1, 1866, that the Prussian gar

rison of Luxemburg did not occupy that fortress

solely in the capacity of a "Federal" garrison,
but also in virtue of the international treaties
concluded in 1816 and 1856 between Holland
and Prussia; that, actually, Prussian troops had
already garrisoned the fortress four years before
the Germanic Diet, in 1820, took charge of the
Federal occupation of Luxemburg; and that,
consequently, the dissolution of the diet could
not impair the conventions between Prussia and
the Netherlands. To this dispatch Baron de
Tornaco replied on July 2, 1866, that the Gov-
ernment of the King-Grand-duke could not ad-
mit the claims of the Prussian Government, as
Luxemburg had been declared a Federal fortress
as early as 1814 and 1815; that the final solu-
tion of the question might be postponed, but
that the government of Luxemburg deemed it
of importance to make known at once its reser-
vations and its protest against the Prussian view.
The question slumbered until the month of Oc-
tober, 1866, when the legation of France at the
Hague addressed to Paris two dispatches in
succession, calling the attention of the French
Government to the dangers which the question
might give rise to. Early in 1867 the efforts of
France for a purchase of Luxemburg seem to
have commenced, but the supplement to the
"Yellow Book" on the Luxemburg question
(a volume of 87 pages), which the French Gov-
ernment presented to both Chambers, does not
contain some of the most important documents
relating to these negotiations, nor the treaty
which it is asserted was concluded between the
Governments of France and the Netherlands on
March 22d. From the documents given in this
supplement of the Yellow Book we learn the
following facts:

Two dispatches from the Marquis de Moustier,
French Minister of Foreign Affairs, to the
French minister at the Hague, of the 27th and
28th February, indicated the cession of the
On the 21st of March,
grand-duchy as likely to procure the solu
tion most desirable.
the Minister of Foreign Affairs expressed anew
the desire that the King should leave to the
Imperial Cabinet the exclusive direction and
responsibility of the negotiation. The con-
fidential communications which would be en-
tered into with the Prussian Government were
not, he observed, to lead to a vexatious result,
since the object of the French Government
was to make this question the means of draw-
ing both governinents closer together, and not
a cause of difference. A dispatch, under date
of 26th of March, emanating from the minister
of France at the Hague, shows that the King
had written to the Emperor, asking him to
smooth down difficulties at Berlin. However,
the King again expressed the desire to commu-
nicate to the minister of Prussia at the Hague
his intentions with respect to the cession of the
grand-duchy, and a want of accord subsisted
on that point between the Cabinet of the Tuile-
ries and the grand-ducal Government.

A dispatch from the French minister at the Hague, of the 28th of March, informs M. de Mous

[ocr errors]
« AnteriorContinuar »