Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-04-17
photographic.
FROM WASHINGTON.
Gard from Judge Underwood.

Caru from Judge Underwood.
WASHINGTON, April 16.-Judge Under.
wood, Judge of the United States District
Court for Virginia, has published card 0
arrest perverted report of one of his re-
cent opinions in habeQs cOrpus case
Judge Underwood says: In that opinion ]
did not express doubt of the legality of
the late Peace Proclamation, nor was it
legally called in question by any one con-
nected with the case, nor did express the
opinion that the writ of hdJeaS cOrpus could
not be executed in one State while it was
not suppressed in another; but the very
contrary opinion. My opinion simply was
that the late Peace Proclamation did not
revoke the previous proclamation of Presi-
dent Lincoln, suspending. in certain cases,
the writ in the States lately in insurrec-
| tlon, and stated that the Peace PrOclama-
tion did not include Texas, and that it had
not and was not intended to have so broad
and general an application as the petition
er supposed, and, therefore, refused to
grant this prayer.
Hon. Alex. VI. Stephens Before The
Reconstruction Committee.
Hon. A. II. Stephens was before the Re-
| construction committee on the llth inst.
He was sworn and examined by MIR. Bout
well as follows:
| Question-State your residence.
Answer-Crawtordsvi Georgia.
q. What means have you had since
Lees surrender to ascertain the sentiments
OF the people of Georgia with regard to
the Union?
A. l was at home in Georgia at the
time of the surrender of Gen. Lee and re-
mained there till the lth of May, and during
that time conferred with the people in my
| immediate neighborhood, with the Gov er-
| nor OF the State and one or two other lead
| ing or prominent men in the State. From
| the llth of May until my return to GeOr-
| gia, which was on the 18th of October,
lad nomeans of knowing anything of the
public sentiment there except through the
| public press and such letters as / received
| From the time of my return until left the
State on my present visit here, had very
extensive intercourse with the people,
| visiting Augusta and visiting Milledgeville
during the session of the Legislature, first
OH their assembling, again in January up
| on their reassenbling and again in the
latter part of February. While there |
conversed very freely and fully with all
the prominent leading men, or most of
them, in the Legislature, and met great
many of the prominent and influential men
| OF the State not connected with the Legis-
lature, and by letters aud from cOrrcspon-
ence with the men in the State whom
have not met. | believe tGat embraces..tu
answer to the question as to my means of
| ascertaining the sentiments of the people
of that State upon the subject stated in the
question.
Q. As the result of your observation,
what is your opinion OF the purposes OF the
people, with reference to the reconstruction
of the Government, and what are their de-
sires and purposes concerning the main
tenance OF the Government?
A. My opinion, and decided opinion is,
that an overwhelming majority of the peo-
pie of Georgia are exceedingly anxious for
the restoration of the Government, and for
the State to take her former position in the
Union; to have her Senators and Repre-
sentatives admitted into Congress, and to
enjoy all her rights and to discharge all her
obligations as a State under the Constitution
of the United States as it stands amended.
q. What are their present views con-
cerning the justice of the rebellion? DO
they at present believe that it was a reason
able or proper undertaking, or otherwise?
A. My opinion of the sentiment of the
people upon that subject, is that the eXer-
else of the right of secession was resOrted
to by them from desire to render their
liberties more secure, and belief on their
part that this was absolutely necessary for
that object. They were divided upon the
question of the policy of the mcasure.-
There was, however, buta very little diVis-
ion upon the question of the right of it. 1t
is now their belief, in my opinion, and [
give it merely on opinion, that the surest
If not the only hope for their liberties, is
the restoration of the Constitution of the
United States and of the Government of
the United States under the Constitution.
Q. Has there been any change of opin-
ion as to the right of secession as a right
in the people or in tie States?
A. | think there has been a very de-
cided change of opinion as to the policy of
those who favored it. | think the people,
generally, are satisfied sufficiently
with the experiment never to resort to
that measure of redress again by force,
whatever may be their own abstract ideas
upon that subject. They have given up
all idea of maintenance of these opinions
by recourse to force. They have come to
the conclusion that it is better to appeal to
the forms of reason and justice, to the Halls
of Legislation and the Courts for the pres
ervatiOn of the principles of Constitutional
liberty than to the arena of arms. 1t is my
settled conviction that there is not any
idea cherished at all in the public mind of
Georgia ofeVer reSOrting again to secession
or to the exercise of the right of secession.
That whole policy of the maintenance of
their rights, in my opinion, is at this time,
totally abandoned.
Q. But the opinion as to the right as l
understand, remains substantially the
same?
A. l cannot answer as to that. Some
may have changed their opinion in this
respect. 1t would be an unusual thing as
well as adiflicult matter for whole people
to change their convictions upon abstract
truths or principles. have not heard this
view of the subject debated or discussed
recently, and | wish to be understood as
giving my opinion only on that branch OF
the subject which Is of practical character
and Importance.
@. To what do you attribute the change |
ofopinion as to the prOpriety of attempting |
to maintain their views by force?
A. Well, sir, my opinion about that, my
opinion derived from Observa-
tion, is that the change of opinion aSose
mainly from the operation of the war
amongst themselves and the results of the
conflict from their own authorities on their
individual rights of person and property,
and from the general breaking down of the
barriers which usually at