Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1865-04-13

are all without money There Is
quite an army massing here, as there
are four or five regiments arriving
here every day. The 195th o. Y. I.
arrived here yesterday from Camp
Chase. I understand Capt Cheering
toms company is in it and Capt.
Rutherford of Cheshire township, all
diligently engaged in drilling.
Yours truly,
Sergt. JAS. c. BAXTER,
Co. c, 294th D. vi.
CABELL COUNTY CIRCUIT CoURr.-
The March Term of the Circuit Court
for Cabell county-Judge H J. Sam
uels presidIng-eommenced on the
oath inst. The Grand Jurors were
in session but one day. They made
eight indictments. The rebel DIR.
VIM. A. Jenkins-who has Just re
turned from ''Dixie"-made through
his Attorneys application for a new
trial in the causes for which judg-
ments were rendered at the previous
courts of this county, and asked that
they may be set aside: VIM. H..
Thomlinson, Esq, opened the case,
and based his application on sec. 81,
chap. Isl of the Code. Alter Mr..
T. had read the above section, and
commented on it to some length he
closed.
James II. Ferguson, ESQ, then
said he was happy to inform the gen
tleman, that Sec 27 of chap. Isl of
the Code, "didn't read that way just
now" and he then read the amend
ments to this section.
Judge Nash, of Gsllipolis, then
said that the Legislature of West
Virginia had no right to pass such q
law, or to amend a law OF the kind.
He said that if the Court sustained
the amended law, that we had no
State or law, and that we were moth
ing but ''set Of a savages and bar
barians. He stated that there was no
such thing as ''treason against q
State anyhow.' He wanted to know
if this WAS to be the law Of the whole
State. He said that if we were going
to recognize such a law as ''treason
against the State" we had better get
our "halters pretty plenty" He
claimed that man had right to go
voluntarily into the rebellion, and
then come back to his former place
of residence and be restored to all
the rights and privileges he formerly
had, without taking any "test oath"
whatever. He said that this new
law ought not, or could not interfere
to prevent rebel from petitioLing
to have judgment set aside, though
he had been in the rebel army at the
time the judgment was obtained.-
He said that if West Virginia intend
ed to put test oath to all American
citizens that had been in rebellion,
that it would cause trouble with the
people of the Free State of Ohio as
the people of Ohio were determined
that we should restore those men to
their former rights, and that we
should apply no test oath to them at
all; and if it was necessary, they
would raise an army, march over into
our State and compel US to recognize
them as citizens-not as aliens.
Mr.. Ferguson SAID it was fortunate,
however, that this ''barbarous" State
lies in such close proximity to the
Stree State of Ohio, +" so that we may
be favored with the legal talent of
that State He said that 1t may be
that our Legislature was composed
of ''set of barbarians," but that we
intended to make laws suited to our
tastes, Notwithstanding that Judge
Nash threatens to bring an army over
here to compel the Union men of the
State to restore the rebels to their
''rights." He said If we had to wait
until the gentleman raised that army
we could 90 on and ''pursue the even
tenor of our way" He said that no
rebel had a right in Court either as
plaintiff or defendent. He said that
the gentleman wanted this Court to
say that our last Legislature was
composed of a set of ''confounded
fools" He stated DR.. jenkins was
not satisfied with the old govern
ment, and with his associates had
deluged this country with blood, and
now when there is no hope of their
'confederacy' they come sneaking back,
and declared every ''deYil Of them
ought to be hung"
Mr.. Thomlinson, said he was here
ready to prove that DR.. jenkins was
not a traitor, and that he was not
gnilty of the charges set forth in the
petitions of the plaintiffs, but he did
not do it. He denied the right of the
Legislature TO pass retrodctlvs laws.
He claimed the Legislature had no
right to put ''test oaths" to any man,
and that all laws of the kind were
unconstitutional. He said the Leg
islature had passed this amendment
to sec. q chap. Isl of code, wit hout
due consideration. Here he s'col-
lapsed. The papers we're handed to
the Judge who will make known his
decision at the May Term.
Pr Pleasant Reg.