The Rome weekly courier. (Rome, Ga.) 1860-1887, June 25, 1869, Image 1

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Newspaper Page Text'i 3- : WISDOM, JUSTICE A»N D MODERATION.' ROME, GA., FRIDAY MORNING, JUNE 25, 1869. NEW SERIES-NO 44. Six "C wppkLt’ rnar I and An S u,t ; Chattooga, first Monday Ikrt< BATE 3 FOB TB - jj oo in March and September; Paulding, third one l 25 Mondays in March and September; Harr SB ^°iinntbs aldson. 4th Mondays in March and SeD- ' Months.. ‘“"‘‘otTbLY IN ADVANCE. more ene copy xriH be ToeI» b! ? fF ‘ TI .jiheJS™ 113 aldson, 4th Mondays in March and Sep- fur " tember. M. DWINELL, Proprietor LE GAL ADVERTISEMENTS. lEGAD AD . V ^ ; ristra tors, Electors or i of Land ^ bv law to be held on Sl! , e L;. tre re !l uire ^ y m onth, between the Tae-=dayi-. e “ en oon and three in the « f lC “ t ft.Court House in .be county a bc Rivcn in a pub ‘ *&°« dtys r e „f personal property must ■?» & i“er.hrough F . pubHe g- ^'A'^tlS'win be mado to the SjB Of''Admi»>lt™tion. Guar- Eggulf the weather is favorable, there will be a large attendance here on the 24th inst., and it is hoped and confidently ex pected that every Mason within the jurfe- tb® diction of Cherokee Lodge, No. 66, will do his full duty on that interesting occasion, by sending as many cooked provisions on the morning ofthe 24th, as he conveniently ran. Such as cannot send in provisions, can send in confectioneries or contribute their part in money. Como one, come all, and let us have a good time. lii.-l.iP ^LiuUlVatiou. three lis»i*“r f.om Guardianship,« »> • f»r r^closeure of Mortgages must : P 1cc nf throe "”“- a tr.tor.s "''ere band - tl three months. KAtha-Ml* |t0 „- fcU 5J- - continued accord- requirements, unless oth- dtahons for leu*.- Guardianship. • 2 no gpfSjs** f» rdisraission oo todi^smnaft^ 4 0Q f GnardtoB.b'P",, V:'")" ••• 6 D^«nnd Creditors - | & tHV Sut ' c 'f' Mor |g a! ,c. per square 4 00 frfSi«ng Ws wife, (in advance) }0 0 gATURDAV WOHNINP^JM^ TH p supreme court decision- WHAT SHAIaL we po ! Whatever else utay happen; tro hope our people will not be frightened into tiio base adoption of any disgraceful and ruinous policy, bet us keep Cuo! and watch our ehanees. Some cowardly, sneaking syco phants will probably desert the cause of liberty and justice, and, incited by sordid avarice, will “crook the pregnant hinges of the knee, that thrift may follow fawning.” Hut let good men arid true stand firm for the right. “All may yet be well.” ffeeopy the following pertinent remarks upon this subject, from the Augusta Con- ditHtioHiiliit; •‘Sow that these Judges, the creation of abnormal authority, hare delivered their .'pinions, the true meu of the State affected hr them, should go to work and use what ever privileges they possess in order to ren der them, to a great extent, harmless and inoperative. This must be donejby law, and not by violence. Indeed, it can only be done by law, for violence would miss the very object it hoped to reach. IF we did not mistake the gist of the de cision, the right of the legro to hold office is based, as we anticipated, oa the Code.— The Constitution gives him citizenship, and so does the 14t.fi amendment; but they do not give him the right to lioid office. It it claimed by the Chief -Justice that the Code alone, as it stands, clothes the negro with the necessary rights as an office bol der, if elected. Well, what is to prevent the Legislature from repealin that part ofthe Code, and then pass a law prohibit ing the negro from holding any State of- bee? Nothing we seo can prevent sneb action, except the interference of the Cen tral power at Washington, which revolves il ia eccentric orbit, and does whatever Gen. Butler may see fit to dictate. Of course ifthiv power is put forth we have no im- Courtsin the Rome Circuit. Bon. F. A. KirLy haa been commission* [For the Rome Courier. mm. n- -a. Q-in.yr na3 oeen commission* Mr. T. E. C. Brinley, of Louisville, Ky., ed as Judge of. this Circuit, and will hold the celebrated plow manufacturer, is mak* flic cmirfi nf. tlir> rnern 1 -vr* fvvtiaa <tnnnint/vl Innn tL 1. < • * j t 11 ' — -—c—* wuum tuc wicumicu piuw luuuuiuuburer, is mu* thc courts at the'regular times appointed.— ing a tour through Georgia and Alabama The following is the calendar . Floyd, third -Mondays in January and soils, and learning from our planters ' and a. \* } nunu iuuuuujo iu uauuAij 4uu auiu, auu icarumg iroui our planters BATES i« $3 on July; Polk, second Mondays in. February farmers the plows they need; so that he can _. oq end August; Walker, last Mondays in Feb- furnish an implement suited to their wants, ""Weekly. rnar I and An S u,t ; Chattooga, first Monday and different soils and various crops that are A Correction. I have advertised to sell a very' large lot of crockery and glass ware at cost, by which I tueau Granite and Crockery, and Glass Table Ware, but n t China Ware. I continue to sell Comple e China Tea Setts (56 pieces) for 810 Complete China Tea Setts (gilt banded) for §15 Other China Ware in proportion. These are my regnlsr retail prices, and, as I am reliably informed, is one-half the regular Atlanta prices. Rome is a better market to buy anything at than Atlanta. JOS. E. VEAL. jane 18tw-wlt TbP Su»U»«r|| Argus, We have received tfie first No, flf this Weekly paper printed by the Argus Pub lishing Company, flf. Selma, Ala,, and edi ted by Col. Robert McKee, fbrmei editor of the Selma Times. It is a large and beau tifully printed sheet, and filled with the choicest kind of rssdieg, project. If tho movement is Promptly “nd properly started, there Is no doubt of its success. It is expected that there will.be a large crowd in Rome on the 24th inst. to attend the Masonic Celebration, and, as. the dedi cation of the hall lakes place at 10 o’clock, there will fee sufficient tint? for the Fair meeting after the close of t|)psp gxey.cfsps, and before the public address, which is appointed at one o’clock. It is to be hop ed, then, that there will be a full attend ance at the City Hall at 11J o’clock od that day, and that preliminary arrangements for the Fair will be made. for the purpose of inspecting the different and different soils and various crops that are cultivated and made in the South. For the last week Mr. Brinley has been the guest of Maj. J. H Dent, of this connty, and whilst not engaged in social courtesies, he has been testing the plows and harrows in our fields, to ascertain what alterations that can be made to make them perfectly adapted to our soil and culture, os well as labor-sav ing implements. This visit of Mr. Brinley fe not one of selfish motives, but one of patriotism. His aims are to furnish an implement calculated to promote the agricultural interests_of the South—-bis whole life and fortunes made have been expended in the endeavor to fur nish our people with the cheapest and best plow in the United States. The fruits of this visit wi)l he speo, fejt and appreciated Mr. Brinley contemplates going through the cour try, Montgomery, Columhus, Fort Valley; Macon and Atlanta, which wil> em brace our various soils and crops, and learfc ing from the fhrincrstbeir wants and . ne cessities. Wc with Mr. Brinley a pleasant trip, and cordial reception by all interested in Agriculture. A Georgian. a, *,-..1,1.., Blew w. ... ssaassfaftAJS; How to Make Irish Potatoes A Sore Crop. Capt. J. M. Elliott has laid upon our ta ble an Early Qqodriob Pott)to, that weighs 12 ounces. For fiftoeu years he has plant ed Irish potatoes in the following manner, and, at different times, in Northern and Southern Alabama, and in varions places in this county—including wet seasons and dry seasons, and nearly all sorts of soil— witty invariable specas, and qegef W^ 8 ffg celled by his neighbors, who plauted in a different way. The plan is particularly ad vantageous for late, or fall potatoes, as it prevents the effects of drouth upon the crop : First have the ground well plowed, thoroughly pulverized, then ran off furrows about fget apart, for the rows. Fill the ft i** Since me puDiicauon oi uur ia»u i»uu, * . , Al _ , we have had conversation upon the subject of P“ eBt ™ w , P arhall y decayed, then place the Fair with many gentlemen living both the seed, cut to p.eces contain,eg a s.agle tbe l'air witn many genueuieu nviug u-nu - - . , . . , . , ° , „ r eve each, on this straw, single pieces, at a in the city and couitrv, and all favor the ’ . -’ ° „ r . ... . distance of 8 or 10 inches. Pat no dirt distance of 8 or 10 inches. Pat no dirt about the flflcd at t}l|, but Cover enfjre pafeh to the depth of six or eight iflCheg with straw. A Uttl§ dirt is sometimes used to weight down the straw, and pre vent its bding blown off. A large orop of nice, clean potatoes wL'l be the result, and you have only to take away the straw, and pick up the potatoes. The Decision of the Supreme Court on the Negro EUIglhiUty Question. •We commence to-day the publication of this important decisio.i, which will be eon timue-1 in oug pe$5 issua, flfld appear en tire ip our Weekly of th e 24th. 1,000 selLsealing fruit preserving jars for sale by JOS. E. VEAL. june!8tw-wlt. • ta.We saw a gentleman a few days ago whole Huger had been painfully mashed just at the pail- He wisely applied Dar by’s Prophylactic Fluid, .ap4 experienced instant relief. flSyThe Selma, Rome & Dalton and •wwpWsr is put forth we have no un- Home RoadS] andthe Coosa River Steam- «lute legal redress; but. aside from such ; We kindlv oroMse d to sa.Radical bypocrflcy is thus Uiptratpd by the Richmond Enquirer: “The negro mob in Washington city became a colored man wanted to vote the Democratic ticket occasions no excitement in the Northern Republican papers. If a white man had been {nobbed by white men for offering to vote the Republican ticket, the Tfibw, the Press, the Commercial, and the whole pack would have opened on the rebel spir it in'Washington. “There is quite a howl in the Tribwne certain persons in Washington have dis missed certain employees since the election. Apd they dismiss a workman in government employ who "dapeg U) rots against tbo Republican?. Onp is fiSRfi “*® °thflr is wrong. . “The Trityune is very much shocked be cause one Yerger has killed one Crane at Jaeksop, Mississippi, Cjanp feeing ern man, Verger,according to toe Tribune, a “secessionist,” although the telegram states* the difficulty had nothing to do with politics. “We see no traces of a shock in the Tritynw M* the murder in Georgia of Colo- ne* Flournoy, a Pepaocrstic {ncjpfeer of the Legislature, by a negro. This js qll as it should be. in extraordinary invasion, the remedy of a legislative repeal of the obnoxious statute is plain and unchallenged. So, the result of the Supremo Court de cision comes to this: White, and the few Rher negroes elected to office have tempo- ratj authority to hold their positions. The aegroes elected to the General Assembly Rnaot get back, because the Supreme - ourt has nothing to do in their cases, idgment in the matter resting solely with he two Houses. If the General Assembly , *d re peal the debatable statutes of the •ede presumed to have a bearing upon his matter, the vexed question would be >nt cyond dispute, and Georgia still stand a a tate governed by white men, Brown 0 >, 1° die contrary notwithstand- boat Company, have kindly proposed to pass all (the ladies included) who wish to attend either the Annual meeting of the Cherokee Masonic Life Insurance Company, Dedication of Cherokee Lodge No. 66, or (he Celebration of the Anniversary of St. John the Baptist, on the 24th inst., fop me fare. . They will be charged full fare coming on the 23d and 24th. and returned free on the 24th and 25th, by presenting to the Con ductors, on their return certificates of at- 'tendance from Tbos-J- Perry, Secretary of the Insurance Company. We hope many will accept ef the generous piopoaition of those Companys. V m lniUil “ Rellcj 'Yanted. • ‘ .has. C. Jones, jr., no,f oF or t, is preparing a work upon the Ar- *re°gy of Georgia, Alabama, Florida oath ( arolina. He proposes toillus- with representations of the P sments and articles of use, ornament, L chase and husbandry, fashioned by tdrau tribes, and their progenitors, 5 trace inhabited this section. An idol, a i s pipe, a stone ax, a mortar, a stone e »r chisel, a bead, or even an arrow or "head, would be acceptable If any ion “ ^ ave any of these or other Indian «that they have obtained from mounds inhere, that they are wiling to part • 1 ey will confer a favor by sending ® hi -Mr. C. 0. Rowell, of this city, who forward them to Mr. Jones. ^^The \\. M m 0 f Cherokee Lodge, No. invests the Committee of ladies ap- the Lodge to Superintend the ta- on the 24th inst., to meet at the Choice "a Monday nvenifig-next at‘6 o’clock ^purpose of organizing their ‘commit- ’ making such amnoAmonfo no ... —o -'*'•“arrangements as they y ihmk necessary to avoid any confn- discharge of their duty. It is _ U 1 at l * le whole committee should present. Fine Clover Way. Wc have seen a sample of clover bay, raised this year on the Poullain plantation, on the Coosa riverj by O. P. Morton, that equals the best Northern hay we have ever seen- There is i60 acres of clover en this place, about one-half of which was well saved previous to the recent rains. The -yield will average about two tons to the Mempms Branch Railroad. We are informed that the survey will be commenced by Col. C. M. Pennington, about the 1st of July. pg- Av Argument.—A French doctor has discovered that a wasp sting will cure rheumatism. Now Darby’s Prophylaotie Fluid will cure a wasp sting. Therefore Darby’s Prophylactic Fluid will eure Rheu- in at ism. Try it. Agricultural Fairs furnished with Silver Pitchers, Goblets, cups, etc., for premiums, at Manufacture^ price?. . JpS. |3. YEAL. i ■-ffiigie, June 18, twiwlil ’ " *@*Brownlow publishes a letter in favor of universal suffrage. He. says for tbo Re publicans uf Tennessee to continue the re strictive policy when the party everywhere else opposes it, is mischievous and ridicu lous. - ’ Forty-six Bushels of Wheat to tho Acre. Iu respect to the prize acres of wheat in Clarke connty, the Athens Banner of the 11th save: All the lota of wheat in competition for the premium have been out,and tfie pom- mittee have -been busy attending to tho threshing and measurement. The Com mittee decided nef tQ _ mafep public the amount of apy crop until all were meas ured, and we cannot, therefore, give> relia ble report of any. It is inmored that Dr. Hamiliton’s acre yielded forty-six and _ a half bushels, and the impression prevails that he will win the premium. Mr. Ban crofts was badly injured by rust. f IupEAOHMens.—The grouud-swejl, for the impeachment of Gov. Bullock is gaining volume every day. Men without respect to party lines are calling for it, and we learn that'prominent members of both, parties are engaged in getting up the facts to be presented flt the] called session of the Leg islature. A delegation will leave soon for New York and Washington Pltj to ob tain some important 'testimony.—At. Const- O ie of civil engineers on the Central Pacific Railroad thus describes a pond of warm water in what seems to be thecrater of a» extinct volcano near the North Fork ofthe Humboldt River, in Nevada; -‘I must toll yon about one remarkable natural cu riosity we oamped near—a curious hot spring. It is situated in a crater about two hundred feet iu diameter, on the top of a knoll which rises about fifty feet above the river. In the bottom of the crater ia a long elliptical pool, perhaps one hundred and fifty met in one direction, and seventy- five in the other—a mammoth bath-tab in shape. The depth of the water is un known. no lines brought here having been long enough to reach the bottom. In one part of the water is just hot enough to en able the hand to he held in it, and the re mainder of the pool varies from tfeis (o lukewarm???!. The walls are nearly ver- .fieal, and you can imagine the luxury of J » plunge inw 4 it, with no fear of striking bot tom.-Just* think, too, of swimming about, on a cold November day, with rising steam deposited with frost upon the rocks, _ in Wft 1 tei of a tomporatnre perfectly lqxnirions — When I went in I had so severe a cold as to he unable to Bpeak aloud, and it cured me almost entirely. The water tastes sligh- ly of sulphur, iron and lime. CAN A NEGRO HOLD OFFICE IN GEORGIA f > Decision aud Opinions oftbe Justices ofttie • Supreme Court of the State. [PHONOGRAPHICALLY REPORTED FOB THE ATLANTA INTELLIGENCER. The case of Richard W. White, plain tiff in error, against the State of Georgia on the relation of Wm. J. Clements, de fendant in error, comes before this co *rt on the following state of facts : • Wm. J. Clements applied to the Judge of the Superior Court Of Chatham county, alleging that at an-election which had been held in that connty for a Clerk of the Su perior Court, he and Richard W. White were the s'le candidates. That Richard W. White had got a majority of the votes, but that he, Clements, had also got a good many votes, and that no ther persons were running. The petition further stated that Richard W. White had been declared elec ted, and had boen commissioned, .and was in the actual performance of the duties of a person of color, having one-eighth or more of African blood in his veins. That therefore, under the laws of Georgia he was inelligible to office, and farther that under the laws of Georgia as White, the person having the majority ot votes, was inelligi- ble, he, Clements, having received the next feighest number of votes was entitled to the position. He prayed the court for leave to file an informatioa for a quo warranto. To thatpetition, of which Whit* w-s notified ha. White, filed a demurrer. Subsequent ly, however, he withdrew the demurrer to that petition, and the information issued in the name of the State of Georgia. The Court passed an order directing the Solici tor General for that Circuit to make out an information in the name of the State, re- cjting ip effect the facts which bed been re cited in Clement's petition, and calling up on White to show cause why a mandamus absolute should not issue against him, de priving him of the office and pu'ting Clem ents in. White, at the proper time fixed by the information, for answering, filed a deqiqrrerto the igforpation apt] at the gamp time gledap apsiver efenying that he was a person of color, or that ho had one- eigth or more of African blood in his veins. On this the court summoned a jury frr the purpose of trying the issue. When the jury'had been sworn, the defendant below —the plaintiff here—called up his demur rer tp the information. It is stated in the repord' that >fee pontiff iq fhp inforigation made no objection fo tafeipg up the demur rer at that time, bat consented; and the flourtbeurd the uiotiojias an independent motion before the ease was submitted to the jury. The court decided that the ar gument upon that motion—that demurrer —Clements, the movant in the general proceeding was entitled to Open and coq- ' idafhp qrgqujenH-thatthematter being „,Jbfe tnpjufy the general rule srbiph gives to the parties moviog in a demurrer the right to opes and pouciude did PO 4 SPpty- The oonrt heard the argument op the demurrer and overruled tho demurrer — The case then went to the jury on the issne of fact whether or not White had one- eigth or note of African blood in his veins. Oi the trial there were varions questions One witness made as to the testimony, testified that tfee defend|lnt, White, lfa3 re- the neighborhood to be a oolored puted in the neigl person. Another witness testified that he the witness, was a registrar of voters; that when White registered, he, the registrar, had affixed opposite to White’s name the letter “C”, to denote that he was a person of color; that he subsequently posted the lists in a public place, and that they had remained there two or three weeks' without any application having been made to him to have the letter “C” erased oi changed. It did not appear, however^that there was any notice to White that this letter “C” had been placed opposite to his name, nor did itanpeartbatitwas the law or the practice That if Lo Rad applied to have it correoled, that they would have oorrected it; in other words that it was the part of the duty of the officer at all to make that entpy. At l($st. it has not so been made to appear'to'ns This evidence was objected to by the de fense, but admitted by the court; The court also admitted as evidence the state ment by a physician, an examining physi cian of an Insurance Company, that at a previous time he had examined White, and feaj pfquoqnppd bjm^i) wulafto. ^Tnere his opinion was at the time ofthe trial. The testimony waVthat at some previous' time he had examined him, and was at that pre vious time, of opinion that he was a mulat to. In the farther progress of the trial they proposed to introduce a copy of an applica tion fPF »U insqranP 6 op’thd life of White, iq favor of his wife, whioh application pur ported to be signed by White. The appli cation does not seem to have had a word in it as to whether White was a white -man or a black man, it gave no indication as to his color, bat on tbe hack of it there was an en try by a person who purported to bean ex amining physician,-that White was a mu- latto. hhe witness swo^ at first that he thought White signed the paper, but swore afterwards that ho did’nt know whether White' .had flf hishis signed it for him. Objection was made to this pa per on three grounds; one that it was a copy paper. tV ough it ifas proven that the origi nal was in New York; the other that there was no proof that the original had been ex ecuted; and third that in any event the pa per amounted to nothing: Another Mtneaa, also a physician, swore that fee was a praotioing physician, and that he had studied the science of ethnolo gy; that that science tanghtmen the rules by which the race of a man wa$ asceetain- eC, and this witness gave his opinion upon the point.' The court admitted his opinion that WKtewa* a person of color, as being the opinion of an expert. The case went to the jury on this testimony. There were some objections to the charge of the oonrt, whioh we however have not noticed, be cause we did’t think the point very materi al. Th# jury found for the plaintiff in the information. Thereupon the court passed judgment, deposing White from his posi tion as Clerk of the Superior Court, and de claring that Clements was entitled to hold that office. This ease has been argued before us with a great deal of learning and ahifely. This court has sgreed upon {fee judg ment which it will deliver id this ease, hut not upon the reasoflg- upon which this judgment hi founded; The court all agree that the judgment in the court below ought to be reversed;, this court being unanimous ly of opinion that tfee court below erred in yariout of its rplings on the trial and on the question of the “argument on the de murrer. A majority ofthe coart, the Chief Jus tice and myself, agree in the judgment that the court below erred in ovenuling the de murrer, it being our opinion that under the code of Georgia a person of color is eligi ble to office in Georgia. My brother Brown however, and myself do not exactly agree upon the grounds upon which we base that judgment. The statutes of the Stale of Georgia require that the court shall agree in the decision which it makes—the principle upon which it pnts the case which it de cides, and as my brother Warner—whilst he agrees to the general judgment—puts his opinion upon one sett of gronnds, and my brother, the Chief Jn tiee, puts his up on another, while I pu‘ mine upon a third, we arc nnable to agree upon a statement of the general principles upon which we pat oar judgment. Hence, under the statute, we shall each give a statement of the groned upon which we assent to the judgment of this court. . I will; therefore, now read the grounds upon which the whole court bas-s its deci sion; the gronnd upon which the majority ofthe oonrt basesits decision, and I shall also announce the principles upon- which I myself, hold that the court below erred. As this is a case of good deal of pubHe bat of a very large portion of the people of this State, and one in which there is a great deal of inteiesi taken. I have reduced to writing, in detail, my opinion; and I will preface the reading of the jndgmentlbf the whole court, and of the majority of the court, with some written remarks—prefer ring to do that rather than make a parole introduction. Whatever may have ' been under the Constitution ofthe United States, the ab stract truth as to the'political condition aod statu** of the people oi Georgia at the close ofthe late war, from the stand point of a mere observer, it seems tome perfectly con elusive that the several branches of the present State government are shat up to the doctrine that the Constitution and frame of civil government iq existence in this State on the 1st of Janury, 1861, with all its disabilities and restrictions, was totally submerged in tbe great revolution which from 1861 to 1865 swept over the State.— Early in June, J865, the governor of 1860 ypas in pvjm q{ Wqsfeiqgjfln, ant] there was not,' in the yyholo State, a single civil officer in the exeroise ofthe functions of his office. The whole body lately acting had been chosen nnder the laws of the Confederate States, and the incumbents of 1860 bad aU either died or resigt.ed or renounced their positions as officers under the Constitution -of the United States, fey swearing fe lty to the Confederacy and repudiating the gov ernment of tbe Union. ' The people ofthe State were,.in the lan guage ofthe I‘resident, without civil govern ment of any kind—in anarchy. The State; as a State of the Federal Union, still exist ed, but without any fratqe qf civil govern ment pegufifiqg, restraining aqt^ 4»pc^iig time nfltii v thfl preseqt |tqtq gflvwqmeBt went iqto operation, tfee government was yritfe more or less completeness in the bands of the military authorities of the United States, and the entire ancient civil polity of the State, wa? totally ignored. Direct ly in the teeth of the old Constitution, the people of color were recognized as freemen, and as entitled to equal, legal and poHtical rights, with the whites. The Convention of ]89f mpf gntfep {fee lap qf thfl United States, and waa elected and composed in to tal disregard of aU the provisions and prer sumptions, qualifications, disqualifications, and distinctions of the old organization. The black people anticipated in its elec tion, and iq if? couipogitioqiq equal forma, in theory at least, with the wfeite, and noth ing can to my miqd he plainer than that by the whole theory then aoted upon, they were recognized as forming an integral part of the sovereign people, then assembled in convention to form for their common benefit a constitution and frame of civil government. Such being the facts ofthe case,it ap pears to me that tfeis coqpf, dSHYiflg its whole authority from the -constitution then framed,and sworn to support it, is, from the very nature of the ease, absolutely prohib ited from recognizing as then or now, in force, either the Constitution of 1860 op 1865, op any of tfee |ega} op politioaftfisa- bilities or distipetioh among the people, de pendant upon them or either of them. The convention met under the laws of the United States, to form a constitution for a people without civil government. It had nothing to repeal,nothing to modi fy,nothing to grant. Mon® Qf tfe# oidCon- ititutions of the State,were at the time in operation—the Convention met nnder en tirely new ideas and new presumptions. It represented a new people—a people among whom slavery has ceased, and among whom black people as well as white were recogniz ed as forming part of the . political society, and entitled to equal partjpipatioa In'its rights, privileges and immunities. It is not necessary, for the purposes of this argument, that this theory shall be proven to have heen a legal one under the Constitution of the -.United States- It ia sufficient fo state, tfeat i{ is true as a foot, and that the present State Government is based npon it. If when the Convention met in December 1867, the ancient Constitution of the State, or any of its legal or political disabilities application had been made to have the said “C” erased is no evidence that the person is a colored person, it not being shown that the person knew of the entry, and that it was the subject of correction. Second, Although a copy of a paper prov en to be beyond the jurisdiction of the court is good secondary evidence of its con tents, yet it must be shown that the original was duly executed. 3d. An application for a life insurance, though signed by the applicant, upon the back of which was an entry by the examin ing physician that the applicant was a mu latto, is no evidence unless it can be prov en that the person signed tbe paper af ter tfee entry on it was made by the physi cian and with' knowledge of the eutry and with intent to adopt it, or that he used the paper after the entry was made with a knowledge that such entry was there. 4th. The statement by an examining phy sician, that he had at a eerta'n 'ime exam ined a person and had then been of. the opin ion that the person was a mulatto, is not evi dence. If the physician is an expert he must give his present opinion, and if not he most state the facts upon which he bases his opinion. Whether or not one is a per son of color, that is, he has African blood in his veins, is matter of opinion, and a witness may give his opinion if he states the facts npon which it is based. Bnt whether tbe fact that he has one eigth or more of such blood, bo matter of opinion < r not—Query. 5th. One who testifies that he brs stud ied the science of ethnology may give his opinion as an expert on the question of race Its weight is lor the jury. Pedigree, relationship and race Inay be proven by evidence of reputation among those who know the petsen whose pedigree or face fe in qnesthn. The whole Conrt agree npon those pro positions. The majority of the Conrt agree npon this proposition. Where a quo warranto was issued charging that a person holding an office was ineligible, when chosen, because of hfe having in hi* veins one-eigthh or more of African blood, aud there was a demurrer to the information as well as an answer de nying the fact, upon which denial there Ifaa qp issue apd a (rial before the jury : held that by the Code of Georgia, a person hat ing onp eightb or more of African blood in hfe veins fe not ineligible to office in this State, and it was error in the Court to ovetrnle the demurrer and to charge the jury that if the plaintiff proved the defend ant to have one-eighth or more of Afriean blood fee was ineligible to office in this State, - color were- offeree, then the Convention was itself Hlegal, the present State Govern ment fe illegal, this Court fe illegal? Hfe Honor, the Chief Justice, has hfe proper place in the Executive chair, my respected associate and myself are private citizents, the plaintiff in error fe a slave, and the whole political fejstqry flf (fee Sfote since the imprisonment of Governor Brown in June 1865, a gigantic illegality., I am aware tfegt a very large class of oar most intelligent, people, so, at this moment, honestly, believe.* to them (hfe argument i? not directed: but it seems to me, that to a Judge holding hfe ojfice under tfee present State Government, forming ,m> essential part of its machinery, these views must be of overwhelming fores. If fee amnmes the power to decic# at all, he must,it seems to me, base fefe judgment npon principles which do not, if adopted in fefe own ease, utterly subvert hfe own authority. - .1 make these remarks with the greatest deference to the integrity and to the sound legal aocumea of my associates. Honest men see things in different lights, aud it fe as presumptuous as it fe uncharitable, for one man to set tjn feis conviction? as the necessary gultje oflfec conscience'ofauoitber. These are my ooaviofi6ns,sni as a matter of coarse,! must actupon them, and accor dingly, under the rules prescribed by the Statute; I announce, as tfee prfo^iples,con trolling my judgment {n this case the fol lowing- By "the whole, court. First, The statement flf a Registrar of vo ters thgt he had marked a restored per son’s name with a ‘‘0” to denote that hq was colored and had posted hfe festo fof some time ia a public place, and that UQ Negro Eligibility Continued. Decision of Court as rendered by Justice MeCay, Whilst f agree that the Code of Georgia —=ihe law of Georgia, as separate from th® Constitution—does make persons of color eligible to office,my opinion is that eligibil ity )s guaranteed by the tionstitation ofthe State, and I announce these propositions as the general principles upon which my opin ion fe based. 1st The Constitution of Georgia known as the'Constitution of 1868 fe a new Con- stitntion, made by, and formed for a people who at the time were, by the facts of the case, and by the laws of (fee United States, without any legal civil Government; and as the people of Georgia, without regard to past political distinctions,and without regard to distinctions of color,participated on equal terms in the election for tfee Convention, and in its composition and deliberations, qs well as in the final ratification of the Constitution it framed—in the construction of that Constitution, and in the investiga tion of what rights it guarantees,or denies, such distinctions are equally to be ignored. 2d. The rights of the people of this Sfote, white and black,are not granted to them by the Constitution (hereof Tfee ob ject and effect of that instrument is not to give, but ta restrain, deny, regulate, and guarantee rightsjand all persons recognized by that Constitution as citizens of the State have equal legal and political rights, except as otherwise expressly declared, 3d. ft is (bg settled W.d uniform sense of tfee word “citizen,” when used in refer ence to the citizens of the separate States of the United States,and to their rights as snefe citizens, tfeat it describe? a per«m en* titled to every right, legaUy and political, enjoyed by any per 80 ? in that State,unless there be some exception, made by positive law t coveriPg the particular person, or class of persons,whose rights are in question. 4th. Words used in a statute,or Constitu tion, havejtheir ordinary signification, unless they be words of art, when they have the sense placed npon them by those skilled in the art, or unless their meani -g be defined and fixed by law—in wfeicblaB er - ®asa the ll meaning must prevail, ith. By the 1648th and 1649th Sections of Irwin’s Revised Code.it fe expressly de clared, that among the rights of citizens (he right to hold office, and tfeat all oitizens are entitled fo exeroise all tbeir rights as such, Unless expressly prohibited by law; and as the Coqstitntion of 1868 expressly adopts said Code «s the law of the State, when that Constitution uses word “citi?ea,’' it uses it in the sense put -upon it by the express definition of the Code it adopted. 5th. Article 1st and section 2d of tie Constitution of 1868, expressly declares that all persons born in the United States, or natnratized therein, resident iq this State,are citizens of this State,and as the code adopted by the convention,in express tern's declares that among the rights of citizens is the right to hold office,a colored person born in the United States,and resi dent in this State,fe by tfeat section of tfee Constitution guaranteed eligibility to office, except when otherwise prohibited. 7th. ♦lor would the repeal of. those seo. tioDS of the code, or their alteration, de prive a colored person of the right thus guaranteed. Since it is a settled role that it fe not in the power ofthe Lcgis'ature to divest a right or change s constitutional guarantee by altering the legal meaning of thffword by which that guarantee was made. 8th. The right to vote involve? the right to be voted for,unless expressly provided, since it fe not to*be presumed without an express enactment that the principal fe of less dignity or rights than the agent. 9th. There being in the Constitution of 1868 various special disqualifications of electors for particular offices, and four sep arate sections defoUing disqualifications for any office, and a black skin not being men tioned as one of these uisnaalifications, un der rule tfelt (he expression, Ac, of one thing is the’ exclusion of others.persoaa of color, electors,are no( d'SfeRalited from holding office. jqtfe. There never has been in this State, any period of its history, any denial in terms ofthe right to vote or to hold of fice, to colored persons as sflefe.. By (he. old law, they were either slaves or free per sons of color; and these rights were dented them by declaring that they were not, and conld not be citizens of the State,and when Article 1st. Section 2d of the Constitution of 18G8,recognized them as citizens, the right to vote and hold office,except as other wise prov.ded by the Constitution, was, ex ri termini,also .guaranteed to them. 11th. Ineligibility to officce involves not only the d'nial to the person claiming the place the right to be chosen, but, what is of far creator moment, the light «f the select ing power to elioosejand to make out a case of ineligibility there must be such a state of affairs as established not only the want of power to be chosen, but a dental of power in the selecting party to choose. 12th. The people of a State, in their collective capacity, have every right a po litical society can have, except such as they have conferred upon the United States, or on some department of the State Govern ment, or have expressly denied to them selves by thei^ Constitution ; and as the right to select a public officer fe a political right, the people or that branch' of the Gov ernment clothed by tie.Constitution, with tho power to choose, may select whomsoev er it will, unless the right to choose a par ticular person or class of person, fe expressly taken away by tbe Constitution. Chief Justice Brown’s Opinion on the Ne gro Eljlibillty Question. of- The view which I take of the rights of the parties litigant in the case, under the Code of Geoigia readers it unnecessaiy for me to enter it to an investigation ot the question whether the 14th amendment the Constitution of the United States, or the second section of the first article of the Constitution of Georgia, which in sub stance. is identical with the 14th amend ment; confers upon the colored citizens the rightto hold office. If the respondent, in this case, acquires tbe right by grant, fonnd in either of said Constitutions, or in the Code of this State, it is sufficient for all the purposes of the case at bar, and enti tles him to a reversal of the judgment of the conrt below, which was adverse to hfe right. The third paragraph of the 9 th Article of the Constitution nf this State adopts, in subordination to the Constitution of the United Stales, and the laws and treaties made in pursuance thereof, and in subordi nation to the said Constitution of this State, tho body of the laws known as the Code of Georgia, aud tho acts amendat -ry thereof, which said Code and acts, are embodied in the printed book known as Irwin’s Code, except so much of the said several statutes, Code and laws, as may be inconsistent with the Supreme law herein recognized. The Code, Section 1646, classifies natu ral persons into four classes; 1st citizens; second, residents; 3d, aliens; 4th. persons of color. Section' 46 of the Code declares that all white petsons born in this State, or in any other State of this Union, who are, or may beoome residents of this State, with the intention of remainin; herein; all white persons naturalized ut.der tbe laws of the United States, and who are, or may become residents of this State with the intention of remaining herein; all persons wfen have ob tained a right to citizenship nnder former laws, and all children wherever born, whose father was a eitlaen of this State at the time of the birth of snch children; or in case of posthnmns children at the time of hfe death, are held and deemed oitizens of this State. By the Code the distinction fe therefore clearly drawn between citizens who are white persons and persons of color. In other words, none are citizens under the “printed book known as Irwin’s Code.” bnt white persons. Having specified the class of persons whorare citizens, tbe Code proceeds in section 1618 to define some of the rights of oitizens, as follows: "Awoag the rights of citizens arc the 'enjoyment of personal security; or person al liberty, private property and the disposi tion thereof, the elective franchise the right to hold office, to appeal to the courts to tes tify as a witness, to perform any civil func tion, and to keep and bear arms.” Section 1G49 declares that “All citizens Ore entitled to exercise all their -rights as such unles* specially, prohibited by law.” Section 1650 prohibits females from ex- exero sing the elect ve franchise, or hold ing civil office. Section 1651 prohib ts minors from the exercise of civil functions, till they are of legal age. Sections 1652 and 1653 prohibit certain criminals and persons non compus mentis, from exercising certain rights of citizens. Article 3, chapter 1, title 1, part 2, of the Code defines the rigfeU of the 4th class of natural persona designated as persons of color; giving them the right to make con tracts; sue and be sued, give evidence, in herit, pnrehase and seU property; and to have marital rights, security of person^ es tate, etc., embracing th? usual civil rights of citizens, bnt- does not confer ritizen?hip. Thus (he Code stood prior to its adoption by the new Constitution. As already shown, it was adopted in subordination to the Constitution,- and must yield to the fundamental law, when ever it conflicts with it. Insofar as the Code had conferred'rights on the colored race there fe no conflict and repeal. The Constitution took away no right then pos sessed by them nnder tfee Code, bnt it en larged their rights as defined in the Code, by conferring npon them the right of citi zenship. -It transferred them from the 4th class of natural persons, under the above classification, who were denied citi zenship fey the Code to tfee first class as cit izens.- The 46th azotion of the Code limited citi zenship to white persons. The Constitu tion struok out the word white, and made all persons born or naturalized in the Uni ted States, and residents in this State, cit izens without regard to race or co'or. It so amended section 46 of th# Code, a# great !y to enlarge the clasi of citizens. But it repealed' no. part of section 1648, which de fines the rights of eitisens. It did not undertake to define the rights of a citizen. It left that to the Legisla ture subject to snch guarantees as are con tained in the Constitution itself, which the Legislature cannot take aw#y. It declares expressly that no lav shall be made or en forced whioh shall abridge the privileg## or immunities of citizens of the United States or of this State.” It fe no* necessary to the decision of this case to inquire, what are tfee “wWBg®! 1 *ttd immunities” of .?xl_... 9 ’ nfe infe aan nniMnloAt) kw 4 oitiseii ? ’which are guaranteed by the 14th amendment to the Constitution of tfee (Jnited States, or the Constitution of tfeiz State. Whatever they may he, they are protected against all abridgement by legislation. This fe the fall extent of the Constitutional guarantee-. AU rights of the citizen W>* embraced within these terms, If they do not wnhraoe all, are sub ject to the contra! of the Legislature. _ __ Whether the “privilege* and immunitirr of the oitfeen embrace political rights, in cluding tho right to hold office; I need not now inquire. If they do, that right k guaranteed alike by the Constitution of tbe United States, and the Constitatiou of Georgia; and is beyond the contrul uf leg islation If not, ‘.hat right fe ‘subject to the control of the Legislature as the popu lar voice may dictate; and in that pase the Legislature would have power to grant or or restrict it at pleasure, in case of white persons, a3 well as persons of color. The Constitution of Georgia has gone as far as the 14th amendment has gone, but no fn» - ther. An authoritative const!uctiuu of tbe 14th amendment by the Supreme Court nf the UuitetFGsireST^B. this point, would he equally binding as a construction of the Constitution uf the State of Georgia which is in the saute wor Is. Georgia has complied fully with the terms dictated by Congress in the formation of her Constitution. She has stopped noth irig short,"aud gone nothing beyord. The highest judicial tribuual of the Union will no doubt finally settle the meaning of tbe terms, “privileges and immunities” of the citizen, which legislation cannot abridge; and the people of Georgia, as well as those of oil the other States, must conform- to, v #Dd in good faith abide by, and carry out tho decision. All the rights of all the eit- zens, of every State which are included in the phra3e “privileges and immunities,” are protected against legislative abridement by the fundamental law of the Union.— Those not so embraced, unless included within some other constitutional guaranty, arc subject to.legislative action. The same rights which the 14th amendment to the Constitution of the United States confers upon and guarantees to, a colored citizen ofOhio, are conferred upon and guaranteed to every colored citiien of Georgia, by the same amendment, and the Constitution of this State, made in conformity to the re construction acts of Congress. Whatever may or may not be the ptivi- leges and immunities guaranteed to the col ored race, by the Constitution of the Uni ted States, and of this State; it cannot li: questioned that bo h Constitutions make them citizens. And I think it very clear that the Code of Georgia upon which a.'oncl base this opinion, which fe biuding upon all her inhabitants while of force confers upon all her citizens the right to h Id office, un less they arc prohibited by some provision found in the Code itself. I find no such prohibition in the Code, affecting the rights of this respondent. I am, therefore, ofthe opinion that the judgment of the court be low is erroneous, and I concur iu the judg ment of reversal. NORTHERN CAPITAL COMING SOUTH Church Organizations Odinances and Forms We call the following theological curiosi ties from a sermon on “The .Beauties of of Moral Qualities” preached by Mr. Beech er on Sunday, May 16,18C9, aud publish ed in the last number of the 1‘lymonth Pulpit • 1 have no overweening attachment to the church as a physical organization. I am rather under than over the line on that subject. I believe that the church is use ful ; but I do not beleive that any particu lar church on the face of the globe is or dained of Gol. I do not believe one church fe any better than another so far as ordi nance fe concerned. I do notbelieve there fe any pattern whatsoever laid down in the New Testament according to which churches shouldbeorganized I faelievetliat church es stand on the same ground' that common sehools and literary institutions do. They are found to he useful, and- to promote man’s growth, and so they are right. I believe that ordinance, external forms, are matters of utter indifference. Bap tism fe baptism, whether it be afiusion, or sprinkling, or immersion. The Lord’s Supper, ifitbc administered by a pope, is good enough ; if it be administered by a cardinal, it fe good enough ; if it be admin istered by a priest or a minister it is good enough ; if it.be administered, by tbe fa ther in the famiiy, it fe good enough ; and if there fe no one else to administer it, and you administer it yourself, it is just as good. The Lord’s Supper belongs to eve ry man that belongs to the Lord Jesus Christ; and he has just as much rightto administer it to himself as to have it administered to him by a priest. In regard to churches, ordinances, and governments, I take the broadest ground, and say that they are useful, but that there fe not one of them that fe.obligatory, as having warrant in Scripture; and no man can come to us saying, “Thus saith the Lord,” in'respect to them. Do you suppose that is the wedding when the young man and hfe blushing bride stand up and exchange vows ? The wedding took place when their two hearts rushed together as one, and when they clasped each other, and said, “Thine for life; mine or life.” R»MARirxnr.E SuROEnv.—Dr. Carnoch- an, with a view of' relieving a patient ot tio doloureux, took out the affected^ nerve, by cutting away the upper jaw in part, tracing it backwards underneath and be hind the eye about three inches, and cut ting it off just at its junction with the brain. The time occupied was three and a half hoars, the patient being under the inference of ether—N. Y. Sun. We learn from the Savannah Advertiser that the schooner Florence H. Allen, which arrived at that port from New York on Tuesday last, consigned to Messrs. Joseph A. Roberts & Co., brought among her freight the entire machinery for the work ing of a manufactory, which fe to be estab lished at Midville. No. 91, on the Central Railroad. The machinery was manufactur ed at Patterscn, New Jersey. Tbe water wheel isbnt eight feet in diameter, of the Chase pattern, which fe said to be superior to all others, it being adapted to the small est heads ot water, and has a capacity ot sixty-horse power under a fall ol‘ only, six feet of water. The-factory, it fe expected, will be ready and in operation in about three months, at an entire costof about thir ty thousand dollars, and will bc the means of giving employment to upward of ope hundred hands. TLa JJew Orleans Picayune is infor med by a gentleman just returned from a trip to the West, that there has not been for many years so fair a prospect for crops as at present in Missouri and Illinois. The people of Missouri count on reaping nearly four times tho amount of wheat rais ed last year, and in Illinois they talk of doubling last years crop. Similar reports Qome front all the wheat -raising re gions. (^Boston signalizes the approaching 4th day of July b/ selecting “ *““ an “ orator of the day. Pretty good—but stilt Boston’s position would have been core “advanced” if she had added a negro to read the declaration.

Georgia Historic Newspapers

The Rome weekly courier. (Rome, Ga.) 1860-1887, June 25, 1869, Image 1