Newspaper Page Text
The Romo Courier
ROME, GA.
THURSDAY MORNING, June 22.
'i
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Home Manufactute—Furniture.
There is nothing that so much adds to
the permanent prosperity and wealth of a
country, as the manufacturer in it of all
such articles as have the suitable materials
and facilities at hand. On the other hand,
there is nothing that so much retards the
real prosperity of a section, and keeps it
always poor, as the continual drain upon
what should be its clear profits, for the pay-
ment of a thousand and one articles that
might be manufactured in the'locality.—
This being the case, it becomes the duty o
all good citizens to foster and encourage
home manufacturers, and especially should
this be done when there is no direct pecun
iary loss by so doing.
There is an instance at hand in the fur
niture manufacturing establishment of
Mills, Daily & Co,, of this city. They have
now at their ware rooms," bureaus, ward
robes, wash stands, tables, bedsteads and
other articles of their own manufacture,
from Georgia pine, poplar, oherry, oak, and
black walnut, that would do credit to any
manufacturing establishment, North or
South. These articles are more substan
tially made than most Northern furniture,
and quite as pretty. One must be delight
ed with their cheap chamber sets, made in
good taste, and beautifully decorated. We
are proud of this, and all such establish
ments as make available - the natural re
sources of wealth that be in our 'miist.aud
keep at homo the vast amounts of money
that have hitherto gone to fill Northern cof
fers. We are glad to lcara that they are
doing a largo and profitable business.
In this connection, we would suggest
that immense fortunes may be made right-
■ here in Rome, if enterprising men, with
sufficient capital, would engage in the man
ufacture of agricultural implements and
machinery, hollow wooden ware, or brooms;
and, wc will venture to say, that there is
no better place for a stove factory in
America
Who will lead off in some of these en
terprises—they are the best possible kind
of “reconstruc'ion,” and not likely to be
interfered with by Radical Congresses, or
scalawag governors.
Sale of Cedar Valley laud .
Mu. Editor—We have just heard, from
an authentic source, that Mr. Wm. Peck,
living two miles from Cedartown, in Polk
county, has sold two hundred and fifty
acres of his home tract, with very indiffer
ent improvement* on it, for twenty-five
thousand dollars, or 900 hundred dollars
per acre, and that he was negotiating with
another party for the sale of an additional
two hundred and fifty acres, of the same
place, without improvements, at eighty dol
lars per acre These are the highest prices
we have heard of any farming lands selling
for in Georgia.
Cedar Valley is noted for the produc
tiveness and fertility of its soil, aad while
corn, wheat, the other cereals aud the
grasses grow most luxuriently, it is said to
be the best cotton region in Cherokee
Georgia. Several of the largest land own
ers of this beautiful and very attractive
lildavallay, have wisely determined to di
vide portious of their "tracts into small
farms, and have placed them in our hands
lor sale. We will take pleasure in show
ing them to parties wishing to buy.
J. R. Stevens & Co.
[Co nmunicated.
Mr. Editor—In your issue, of the lGtli
is an article proposing that an Agricu’tural
Fair for the Cherokee country, be held in
Rome this faU. It is needless to say mote
than you hai c said in the ar.iele alluded
to.
All we shall say is, farmers of Cherokee
arouse yourselves to the all important mat
ter, and let us have a fair in Rome, next
fall, and such a fair as Georgia may be
proud of. So make your preparations, and
look upon the Fair as a fixed fact, and I’ll
warrant you as interesting a plowing match
in addition to the other features of the Fair,
as the recent reaper tiial matal; held at
Oa r e Spring. In the meantime, let the
farmers around Route organize a Farmer’s
Club, and give life aud energy to the farm
ing interests of our beautiful and fertile
country. A Farmer.
June 18th, 1869.
Excursion Tickets oil Selma, Rome A Dal
ton Railroad at half Price, for tlic Cel
ebration.
The following letter fully explains it
self:
Ass’t Superintendent’s Office, \
Selma Ala., June 18,1869. j
Thos. J. Perry, Secretary Cherokee Ma
sonic Life Insurance Company :
Tickets will be on sale at Talladega, Ox
ford and Jacksonville, good for the round
trip, at one fare. Evening train North on
the 23d, and morning train South on the
25lb. Will issue instructions so that par
ties who cannot procure tickets,"may'return
upon certificates, mid also will include the
evening train of the 25th.
Many thanks for your kind foeftjtioil,
I am sir, very respectfully yours,
M. Stanton,
Ass’t. Sup’t.
The City Marshal Suspended
We are informed that His Honor, the
Mayor, has suspended from office Col, Samu
el Stewart, City Marshal. We know noth,
ingofthe cause of this aet„ but hope
tlie.difficulty may be adjusted, for Col. S
is one of the most efficient Marshals that
Rome or any other town liasever had. We
presume this action of the Mayor, will come
before the City Council for approval.
■ — ■ v-*.*-*- --
Repairing sewing Machines.
Mr. W, H-.Higgins, a skilled workman,
whose shop is first door below tho Courier
Office, is prepared to repair all styles of
sewing machines, iu a neat aod substantial
way. See adv.
i
Wheat.—The supply still continues in
adequate to supply the mills, and a good
article of red wheat would low command
§1 60 in this market." We would advise
parties having old wheat on hand, or new
that is dry enough to grind, to bring it i»
at once, for this price is not likely to con
tinue long.
The Agricultural Fair.
The Committee of Arrangements for the
Masonic Celebration, on the 24th, requests
that the hour of tho agricultural meeting
at the City Hall, be changod to 3 o’clock,
m., instead of.ll J, a. m., of that- day.—
This will accordingly be done, aud it is
hoped that all interested will' bear ItSn
mind.
Wheat Smutting Machine.
. Mr. J. R. Noble, at the Champion M'lls,
in this city, is agent for the sale of the Me
Ginnis Smutter, and the Johnston Bran
dnster—both excellent machines—Sec ad
vertisement.
SQ-There will be a case up before Esq.
Ferry this evening at 4 o’clock, p. m., at
the Court House, in which many good eiti-
zeus are deeply interested, as its decision
will effect,-to a greit extent,- the peace and
quiet of our city, at late hours at night.—
The case involves the question os to wheth
er any citizen, rich or poor, white or black,
has the right, by the laws of this State, to
have dancing parties, or other parties, at
late hours at night, to the common distur
bance of the neighborhood, in which he or
she may live.
Goods at Cost.
Messrs. W. M. and J. A. Gammon, offer
their entire stock of Staple and Fancy Dry
Goods, Boots and Shoes, Hats and Caps,
etc., at New 5 ork wholesale prices. Most of
their goods are new, and all have been well
selected. They have a large lot of beauti
ful dress goods, for summer wear, ribbons,
trimmings, notions, etc. Ladies wantin:
pretty dresses had better give them a call
at once. Gentlemen will find their stock
of ready made clothing, and other goods
exceedingly cheap. See adv.
Mitchell’s Liver Ritters aud Cough Medi-
cine.
Wc take pleasure in calling attention io
the ah jve named preparations, manufactured
and sold by Dr. R V. Mitchell, of this
city. He has supplied numerous customers
with them, daring the past three years, giv
ing entire satisfaction. We would advise
all to buy these articles of home manufac
ture, that are really meritorious, in prefer
ence to the Northern patent medicines, that
are frequently valueless.
The Courier-Journal sa;s the pig iron
from the Shelby county (Ala) works has
been iutroddeed iu the Louisville market,
where it is regarded as equal to any hot
blast cha'ccal iron io the world.
Convicted.-—Henrietta Grier,the negro
that brutally murdered a white girl named
Nancy Whrightnear Maeon in March last,
iu order to gel possession of two or three
dollars, has been convicted of murder and
will be huDg.
Revenue official’s report the seizure
of sixty illicit stills in the mountains of
Virginia,East Tennessee and North Caroli-
It is stated that on Graut’s return, the
Cabiuet will consider and adopt somo
positive policy regarding Cuba.
Secretary Fish disavows any agency di
rect or indirect iu the recent proceedings
against the Cuban pnrtizaus.
Delano demands assistance of the ma
rines to suppress illicit distillation in the
suburbs of Philadelphia. The people have
driven off the revenue officers with stones.
Richmond, Jane 19 —The Chesapeake
and Ohio Railroad will be completed to
Greenbrier,White Sulphur, next Wednes
day.
The Valley of Virginia will yield fiv e
millions bushels of wheat this season.
The alleged Cuban recruiting officer was
relieved, to day by the United States Com
missioner. There was no evidence against
him
No changes will be made in the Conserv
ative Legislative ticket on account of Gen.
CaubyV opinion that the test oath must be
taken by members of the Legislat ire.
__ youne gentleman, visiting bis in
tended, uiet a rival who was somewhat ad
vancedin years, and wishing to insult him,
inquired how old he was. “I can’t exact
ly tell,” replied the other ; -‘but I can tell
you that an ass is olderat twenty than a man
at sixty.”
A r'enuessee Radical Reception.
A dispatch annnounging .the arrival of
Stokes, one of the Radical candidates for
Governor at Knoxville, reads thus:
General Stokes arrived on the eleven-
o’clock A. M. train, and was escorted to
the couit house by 1 number of persons (to
be particilar.thirty-eight-whites and twelve
blacks.) They were mounted and carried
a banner inscribed, “Wo Universal suffrage
for iw!”
What Nerve Does..
An ounce of pluck is worth a regiment
of hesitating men. A little nerve,coolness,
pluck and decision have carried men safe
ly through difficulties apparently insur.-
mountable. In all probability no person
possesses nerve jto 0 gffi?tgp degree than
robbers an persons of .that cfass, who liyS
not by labor, but by their wits and opera
tions which succeed from boldness' IJot
loug since a man stood In a Well Street
bank with a bag in bis hand containing
610,000 in gold. \ gentlemanly looking
man, with bis bat off, said to the one who
held the gold: “Lot roe heft it; I’ll guess
wit hin half an ounce of its weight.” The
person addressed mechanically handed the
bag to the applicant, who at opoo ran cut
doors and was soon lost in the crowd, while
the owner never saw it again. A gentleman
standing by saw the 1-lfief removed his hat
hang it on n book,when lie too supposed jtto
be some one connected with the bank, and
said nothing.
Some years since a person entered the
Importers’ and Traders' Bank New York,
ip broad daylight, put on a duster, stuck a
pen behind his pjr end then walked delib
erately past clerks, tellers end caebiers, and
pushing tk’ president asi.de,vrho stood talk
ing to some of the directors, he entered the
vault aud he)[fit] himself to the largest
package of money ho could fiafdjaqd walked
put unmolested, no ope suspected that any.-
tbiog was wrong till he was off-and out of
sight- .
A few months ago, Ip New York, a
hearse drove up to the door of a mansion.
A genteel young man rung the bell and iu-
quired for the man that Jived there, bnt he
was down town. He said the hearse con
tained the remains of the daughter of the
occcujant of the fioqse, who hasjust died
at school in Connecticut. The servants at
the house had heard nothing of -tho matter,
j)H.t helped the driver to bring the coffin
into a parlor, and at the suggestion of the
young man,who said he was a tpapber, sent
one of their number to the gen]iea)ijp'3
place of business to inform him of tho sad
pews. The teacher remained iu the house
to tell the particulars, hut when the man
arrived the teacher had gone, pud ilbout
63,000 worth of jewelry kept in bureau e? s :
kets bed gone with him. The coffin was
opened and found to be. filled with a beech
log.
USb-The President appointed Tbos. S.
King, of Atlanta,Route Ag*at between At-
Capture of Another Cnban Expedition.
Richmond, June 18.—United States
Marshal Parker this morning made a de
scent on an alleged Cuban recruiting ren
dezvous and arrested II II. Harrison, the,
leading man. Harrison had plenty of fiinds
in bank and promptly gave bail in 610,000
to appear. It is stated that about thirty
men were recruited yesterday. Men are
promised five hundred dollars bounty in
New York.
Montgomery, June 18.—The democrat-
Convention at Dadeville, for tho Third
District, nominated J. C. Parkingson for
Congress. He is a Northern man by biith,
who settled in Alabama in 1865, and has in
vested largely in the State. The nomina
tion was quite unexpected to-him, as he has
devoted his time to manufacturing aud was
not known as a politician.
New York, J-ine 19.—Cotton dull and
heavy; sales 600 331c. Flour 5 to 10 bet
ter on shipping grades with less doing; su
perfine 6490.to 65 35. Wheat closed a
shade easier. Corn irregular .and closing
steadier: Whisky closed dull. at 61 03.
Pork dnll at 632 75. Lard dull; kettle 20
to 201c. Turpentine 42 to 43c. Groceries
quiet. .
Money easier; bank statement favora
ble. Gold steady at 136}. Bunds dull
aud steady.
Atlanta Is a Great Place.
Considering that it has no water power,
Atlanta is a great manufacturing place!
Tho “Slander Mill” there.manufactures as
much or more of its peculiar products than
anysimilar e stablishment in the land. Ttsljiie
Factory, which is a kindred concern, is
kept always busy. We didnot learn wheth
er the fertilizer establishment near the Na
tional hotel was doing much business or not
Indeed, we heard a rumor that it had been
suspended for a season,at least. It depends
upon circumstances,we presume, whether
active operations will be resumed.—Athens
Watchman.
ASFThe Post gives the facts concerning
Mr. Raymond’s death, from the best author
ity, as follows:
Mr. Raymond, accompanied by liis daugh
ter, went to Greenwood Cemetery yesterday
afternoon, for the purpose of selecting a fam
ily lot. He intended to have the body of
one of his children who died a few weeks
ago, removed from the vault and rienterred.
Ho returned to the Times office about five
o’clock, and remarked to the associate edit
ors that he never felt better in his life, ex
cept n sid feeling of fatigue, consequent
upon his long walk through the cemetery.;
He left the office about six o’clock and pro
ceeded to his residence in WestNinth Street,
where he remained uutii about nine to re
cover from the fatigue of the walk of the
evening. Mr. Raymond left his house
about nine, remarking to the members of
his family that he had an appointment to
attend a political meeting. He was seen
shortly after walking up Broadway, aud one
or two friends who stood iu Wallack’s Thea
ter, noticed his elastic step and general ap
pearance of robust hea th. . After attend
ing the meeting he returned to his residence
about 11 o’clock, and as soon as he had
closed the door after him, he fell Jieavily
upon the floor. None of the inmates of the
house had heard the fall, however, having
retired for. the "night.
About three o’clock this moruing one of
his children became restless, and.on becom
ing fuHy aroused remarked that she beard
some person breathing heavily. The per
sons in the house were awakened, an I on
descending the hall way Mr. Raymond was
found extended on the floor entirely uncon
scious, breathiug heuvi'y and apparently
with great difficulty. He was carried to his
room and placed on a bed. The physicians
sent for arrived soon after. They examin
ed him and pronouuced him beyond all
medical aid. They also declared the case
to be nppoplexy. Mr. Raymond lingered
in an unconscious state till five o’clock this
morning, when he died surrounded by his
family. He passed away apparently with
bnt little pain.
ubuya new speeies of cotton plant,
it is reported,is now extensively cultivate
in the Philippine Islands by the missiona
ries. The plant is of very large size, aii 1
begins to yield in i’s fourth year. The cot
ton pods measure three to four in ihes in
length,and one hundred of them,it is asser
ted,wil: yield three pounds of the fibre,
which, when cleaned, sells for nine dollars
a hundred weight.
IMPEACHMENT.—The work oflmpeace-
meqtgoes bravely on, Sufficient juforma-
tion has been received by the committee to
warrant the statement that successful im-
ment of Gov. Bullock, is a foregoqc conclu
sion.—At. Ert of 19th.
S3TA special to the Courier Jonrnal
gives the following in relat ion to the open
ing day of the Boston Peace J ubilee:
“The ehorus and instrumental perform
ers numbers from ten to twelve thousand.
Fully ono-half the people jpsi.fje the Coljise-
um were ladies. A general view (pom the
balcony is quite beyond description. Noth
ing like it was ever witnessed on this conti
nent. J’he view embraced about three and
a half acres of lace?. The first piece on the
programme, the grand choral—A strong
Cattle jg our Lord—was sung by the full
choru3, with the grand orebgSfpl apd organ
Under direction of Gilmore. The chorus
eajsprise.(l 10JG00. voices, and orchestra
1,160 instruments, which, eaofoined with
the swelling notes of the organ, completely
filled the building.
The yo0a}igatjon by the. ehorus was as
distinct and clear in enunciation us if only
given by a church choir, exoept that in vol
ume it exceeded anything beforo heard.—
At its close the audience testified its appre
ciation by long and continued applause.—
The anvil t chorus, given by the whole force,
yitb cue hundred anvils and artillery ac-
coropamment, grated intense enthusiasm,
The National air,“My Country, ips of !fhee
was sung by the whole chorus with all ac
companiments, including organ, fall orches
tra, big drum, chimes and artillery! It was
the crowning success of the day. The au
dience stood on'their seats and shouted and
made extraordinary demonstrations. The
last verse wua repeated, the whole jpa jS join
ing at the conclusion."
CAN THE NEGRO HOED OFFICE
GEORGIA.
Dissenting Opinion of Judge Hiram VVar-
Ulflereuec hf pgjjjiop,
“Under God, this government of ours can-
ppt be administered in the interests oft rue
freedom save by the Republican party.”—
The Press. Against-God this, government
of onrslias been administered in the inter
est of thieves, 1 jobbers and raEoals of all de
scriptions, aud will continne to be so long
as the radicals remain in power.—Phila
delphia Age.
szzz-z ;??»->
Macon and Brunswick. Railroad.—*
A note from .Mr. Mag'nider. at'Nio, 6, At
lantic and Gulf Railroad, where the two
roads will intersect, announces the rapid
progress of the'Jfacon’nml Brunswick Road.
The note is dated tho I4th inst.y and
says :
ffThe work on the Macon and Bruns
wick' Railroad is progressing very favorably
and rapidly." The contractor expect to
have eyrythiog in condition for trains from
this point to Brunswick by the 4th of Ju
ly, Slid Irani here to Macon before the hold
ing of the State Fair November.”—.Macon
Telegraph.
Warner J., Dissenting.
The defendant is a person of color, hav
ing, as the record sta es, one-eighth of ne
gro, or African blood in Lis veigs, who
claims to be laicfulig entitled to hold and ex
ercise the duties of the office* of Xllerk of
the Superior Court of Chatham county, and
the question presented for our" considera
tion and judgment Is, whether a person of
color, of the description mentioned in the
record, is legally entitled to hold office in
this State, under the Constitution and laws
thereof?
The Fourteenth amendment to the Con
stitution of the United Stares declares that
“AH perrons born or naturalized in the
United States,and subject to the jurisdic
tion thereof, are citizens of the United
States, and the State wherein they reside
No State shall make or enforce any law
which shall abridge the privileges or immu
nities of citizens of the United States.”
The Constitution of this State declares
that “All persons born c r t aturalized in
t)ie United States, and resident in this
State, are hereby declared citizens of this
State, aud no laws shall be made or en
forced which shall abridge the privileges or
immunities of citizens of the U bited States,
or ol this Slate ”
From the time of tbo adoption of the
Fourteenth amendment, aud the adoption
and ratification of the Constitution of this
State ia 186S,*the defendant become (not
withstanding his color and African blood) a
citizen of the United States, aud ot this
State; aud is entitled.to have all the privi
leges or immunities of a citizen.
Does the fact that the. defendant was
made a citizen ot the State with all the
privileges or immunities of a citizen thereof,
confer upon him the legal right to hold of
fice in this State as such citizen ? When
we take into consideration the definition
and object of creating an office, and by
what authority it is conferred upon a citizen,
the distinction between the privileges and
immunities of a citizen as such, and his
right to hold office, will be at once appa
rent. It will be seen that the privileges
and immunities gf a citizen cs such, is one
thrag, and that his legal richtto hold office
as such citizen under the authority of the
State, is another, and quite a different ques
tion. What is an office? “An office,”
says Bacon, “is a right to exercise a public
function, or employment, and to take the
fees and emoluments belonging to it. An
officer is one who is laicful/y invested icith
an ffice. It is said that the word officium
principally implies a duty, and in the next
place the charge of such duly, and that it
is a rule that whore one man hath to do
with another’s affair.' against his will, and
without his leave, that Ibis is an office, and
he who is in it is an officer. By the ancient
common law officers ought to be honest men,
legal and sage, et qai melius scianl cl possint
ojjicis il'i inlendere, and this says my Lord
Coke, was the policy of prndent antiquity,
that officers did even give grace to the
place, and not the place oidy to grace th
officer,” 7th Bacons Ab. 279 -title offices
and officers. Blackstone- says the King in
England, is the fountain of hour, and of
office, and the reason given is that the law
supposes that no one can be so g'od a judge
of an officer’s merits, and services as the
King who employs him.
“From the same principle also arises the
prerogative of creating and disposing of of
fices; for honors and offices are in their na
ture conversable and synonymous. All
officers under the crown carry in the eye
of the law an honor along with them, be
cause they imply a superiority of parts, and
abilities, being supposed to he always filled
with those that arc most able to execute
them” 1st Bl. Com. 271,2. Offices, says
Blackstone, are a right to exercise a pub
lic private employment and to take the fees
and emoluments thereunto belonging, and
are also incorpe rated hereditaments. 2d Bl.
Cum. 36.
All citizens of the State, white or col
ored, male or female, minors or adults,
idiots or lunatics, are entitled to have all
the privileges and immunities of citizens,
bnt it does not follow that all these differ
ent classes of ci> izens are entitled to 1 old
office under the public authority of tho
State because the privileges and immunities
of citizens are secured to them The State,
in this country, as the Crown in England,
is the fountain of honor and of office, and
she who desires to employ any class of her
citizens in her service, is the best judge of
their fitness and qualifications therefor. An
officer of the State, as we have shown,
“hath to do with another’s affairs against
his icill and without his leave,” and such of
ficer must have the authority of the Slate
to perform these public duties against the
will of tjjc citizen and without his have.—
This authority must be conferred upon the
citizen by some public law of the State from
that class of her citizcus which, in her judg
ment, will best promote the general wel
fare of this State. The right to have and en
joy the privileges ond immunities of a citi
zen of the Sta'e dues uot confer upon him
the right to serve the State io auy official ca
pacity until that right is expressly granted
to him by law- Mr. Justice Curtis’ dis
seating opinion in the case ofDred Scott vs
Sanford, (I81S Howef4’? Rep- § asd'3)
“So in all the States numerous porsoqs,
though citizens, cannot vote, nor oannot
hold office, cithor on account of their age or
sex, or the want of the necessary legal qual
ifications.” Corfield vs Corvcll 4 Wash
ington's Circuit Court Espofts § ,n d 1 {9
the same point.
Tho defendant, therefore, cannot legally
claim any right to hold office, either under
the 14th amendment of tno Constitution of
the United States, or the Constitution of
this State, which make him^a citizen, and
guarantee unto him tho privileges and irn
mupitjea of a citizen, fqr he may well have
and enjoy all the privileges and immunities
of a cUizrn, in the State, without holding
any office, or exercising any public or offi
cial duty under the authority of the State.
The privileges and immunities "of a citi
zen of the State do not confer the legal
rty <f Qw Bfafa, and reeeivJ* the emolu-
mails (hereof. Docs the public law qf the
•State, recognised and adopted by tho Con
stitution of 1868 (known as Irwin’s Code)
confer upo: the defendant the legal right
to.hold office in this State ?
The Code took effect as the public law
of this State, ou the 1st day .of January,
1803.- By the 4^ section thereof, it is
declared, “All white persons.born In this
State, or in any other State of this Union,
wbo are, Or may become residents of the
State with tbs ifltentioa of remaining! here
in; all white persons naturalized under the
laws of the United States, and who are • or
may become residents of this State, with
the" intention of remaining herein; all per
sons who have, obtained a right to citigen-
ship under former laws, and alt ohildren
wherever born, whoso father was a citizen,
of this State at the time of the birth of such
children, or in case of'posthumous children
jft the time pf his death, are held and deem
ed citizens of this State. Persons baiting
one-eighth or more of negro dr African
blood in. their veins are not “while persona
in the meaning of this Code.” The 1640th
section declares that L2JalniaJ porsops are
distinguished according to their 'rights
and status, into 1st. citizais; 2d residents,
not citizens; 3d, aliens; 4th persons of col.
Qf’ 1 ■ ..... ■ .
The peisoiis to whom belong the- rights
of citizenship, apd the mode of acquiring
and losing the same, have hiea specified in
a former article : (referring to article 46,
before cited.) Among the rights of citi
zens are the epjoyment of personal security,
of personal liberty, private property and the
disposition thereof the elective franchise,
the right to hold, office, to appeal to the
courts, to testify as a witness, to perform
any e vil function, and to keep and bear
arms. All citizens are entitled to exercise
all these rights, as such, unless specially
prohibited by law.” Sections 1647, 1648,
1649,1650, 1651, 1652, 1053 of tho
Code.
It will be remembered that at the time
of the adoption of the Code, in 18G3, the
defendant was not a citizen of this State,
and was not 1 ceognized by the Code as a
citizen thereof. By the 1646th section,
tho status of the defendant is defined to be a
that of a person of color, and not that of a
citizen.
Tho revised Code, adopted by the Con-
stitntion of 1SG8, includes the act. of 1866,
which declares that “all negroes mulattoes
mistizres and their descendants, having
one-eighth of negro or African ’ blood in
their veins, shall be known in this State as
personstf color,” and especially defines
their legal rights, but the right to hold office
is not one of. them. Revised Code—Sec
tion 1661.
It is true that since the adoption of the
Code the defendant has been made a citi
zen, but all the legal rights conferred upon
citizens by the Code were conferred upon
that class.of persons only, who are declared
and recognized by the Co'de os citizens of
the State at the time of its adoption. When
the Code declares that it shall be the ■ right
of a citizen to hold office, such right is con
fined to that class of persons who arc re
cognized and declared therein to be citizens
of the State, and not to any other class of
persons who might thereafter become citi
zens. So where the Code declares that
-‘all citizens are entitled to exercise all
their rights as such, unless prohibited by
law,” it is applicable to that class of persons
only, who were declared to be citizens of
the State at that time, and not to any oth
er class cf persons who might thereafter be
made citizens of the State, such os Chinese,
Africans, rr persons of color. .The truth is
that the public will of the State has never
been expressed by any legislative enact
ment in favor of tae right of colored citi
zens to hold office in this State since they
become citizens-thereof.
Although these several classes of persons
might be made citizens of the State with
the privileges and immunities of citizens,
still they could not legally hold office un
der the authority of the State until that
right shall be conferred upon them- by
s jne public law of the State, subsequent
to the time at which they became citizens,
so as to include them in its provisions. The
public will of the State as to the legal right
of that class of her citizens to hold office,
has never been affirmatively expressed; bat
on the contrary, when the proposition was
distinctly made in the Convention which
formed the present Constitutio:, to confer
the right upon colored citizens to hold of
fice iu this State, it was voted down by a
large majority. (See Jonrnal of Conven
tion page 312.) So far as there has been
any expression of the public will of the
State as to the legal right of that class of
citizens known as colored citizens, and
since they became sueh, to hold office in
this State*it is against that right now
claimed by the defendant.
The insurmountable obstacle in the way
of the defendant claiming a legal right to
hold office iu this State under the provisions
of the Code, is the fact that he was not
citizen of the State at the time of its adop
tion. The class of persons to which he be
long s were not recognized by it as citizens,
and therefore he is not included in acy of
its provisions which confer the right to
hold office upon the class of citizens spec
ified in the Code, The Code makes
provision whatever for colored citizens to
hold office in this State;'all its provisions
apply exclusively to white citizens and to
no other class of citizens.
The Convention which flamed the pres
ent State Constitution and declared persons
of color to be citizees, could have conferred
the right upon them to hold office, bnt de
clined to do so by a very decided vote of
that body, and went before the people claim
ing its ratification upon the ground that col
ored citizens were not entitled to hold office
under i; and there can be no doubt that
the people of the State voted for its ratifica
tion at the ballot box with that understand
ing.
But now it is contended that the defend-
ant, thoagh a colored person, is made a cit
izen of the State an of the United States,
and that no enabling ac* has ever been
pa sed to allow a naturalized citizen to hold
office in tfiis State—when he possessed the
the other requisite qualifications prescribed
by law, that the defendant having been
made a citizen of the State is entitled to
hold office in the same manner as a natur
alized citizen could do. The reply is that
naturalized citizens were white persons,
and as such had a couimed law right to
holdoffico -a right founded upon immem
orial usage aud custom, which has existed
so long that “the memory of a man runneth
not to the contrary.”. The 1644th section
af the Code simply affrms the common
law as to the right of a white citizen to hold
office in tbis State. No snch common law
right, however, can be claimed in this State
in favor of persons of color to hold office.
They have but reeently become entitled to
citizenship; and have never held office in
this Sta-e In 1848, iq the {age of Cooper
qnd Worshatq against thq Mayor and Al
dermen of the city, of Savannah—(4th
Goorgia' Reports 72)—it was unanimously
held and decided by this court that free
persons of color were not entitled to hold
any civil office iu this State The natural
ized vyhite citjjen.oan plainj I1I4 common
law rfoht to hold office in this State; the
colored citizen oannot claim any suoh nom
moq law right ftr the reason that he has
never exercised and enjoyed it; and that
constitutes the difference between tho |e--
;al right-of a naturalised ffljte citizen to
yold office in this State, and a poison of 00L
or who has heen recently mado a oitizen
“since the adoption of the Code, and who
i« not oubraoed.within its provisions.”
The one can olaiuphis common law right
to hold office in the State, theother
cannot; until the State shall declare by
osme legislative enactment that it is hoe
IfU} aqd desire that hf? colored ojtigeng
shail hold ofijee upder fter 'authority, they
ejaim the kgal right to do so, for we most
not forget that the State is the fountain and
parent of office, aud many confer or refuse
to confer the right to hold office upon any
class of her oitizeqa she may think proper
and expedient.
When anew class of persons are introduc
ed into the body politic of the State and
iqade eifizens thereof, who cannot clqini o
common law. right to hold office therein, it is
inciimbent on them to show affirmatively
that sueh right has been conferred* upon
them by sonje pqblio law o.f the Stgtc alicp
they w fe ra made citizens thereof, to eirtitlo
them to hqve and enjoy such right. In
other words, they must show the public law
of the State enacted sinoe thoybeoamo citi
zens thereof, which conjws the legal right
claimed before they can demand a judg
ment of the Court in favor of suoh a legal
right.
All male white citizens of the State, wheth
natjvp hojn or na|nralizcd oitizeqa, (hav-
jthe necessary legal qualification?,) have
a common law right to hold office in this
State; and in order to deprive them o(
tfiat gommoq law right, a prohibitory stat
ute !« neocssary. A naturalized oitizen had
common law right to hold office of Presi
dent of the United States, hence tho_pro-
hMion in the Ccnstifutioa of the United
States. Bqt as colored citizens of the' State,
;Ro hayq recently been tjnde ?ucn, cannot
claim a common law right to hold offioo io
the State as no jirohibitory statute is neces
sary to deprive them of a right which they
never had under the oommon or statute law
of the State. When, therefore, it is said
that colored citizens have the right to hold
office in the State, unless especially prohibi
ted by lair, it must be showu affirmatively
that they had enjoyed that right. If they
cauuot show their right to hold office in the
State, either under the common law, the
the Constitution of statutes of the State,
the fact that they are not especially piohibi-
ted from exercising a right which they nev
er bad, amounts tonothiug so far as invest
ing them with the right to hold office is
concerned.
When and where, and by what public law
of the State was the legal right to hold office
therein conferred on the colored citizens
thereof? If this question cannot be answered
in the affirmative, aad the legul authority
under which the right is claimalcannot be
shown, then tho argument that inasmuch
as there is special prohibition in the law
against the right of colored citizens to hold
office, falls to the ground. If there was no
existing legal-right to hold office to be
prohibited, the act that there is no prohi
bition aoes not confer sueh legal right. There
was no legal necessity to prohibit that which
did not ex<st.
It is not the business or duty of courts
to malce the laws, but simply to expound
and enforce existing laws which have been
prescribed by supreme power of the
State.
After the most carefnl examination of
this question, I am clearly of the opinion
that there is no existing law of this State
which confers the right" upon the colored
citizens thereof to hold office therein, and
consequently that the defendent has no le
gal right to hold and exercise the duti^
of tho office which ho claims under her au
thority, and that the judg ment of tha court
below, overruling the demurrer, should be
affirmed.
A Woman’s Question.
“Before I trust my fate to thee,
Or place my hand in thicc—
Before I let thy future give
Color and form to mine,
Before I peril all farther, question
Thy soul to-night for me.
I breaks]! slighter bonds, nor feel
A shadow of regret;
Is there a link within thepast
That holds thy spirit yet?
Or is thy faith as clear and free as
That which I can pledge to thee?
Does there within thy dimmest dreams
A possible future shine,
Where in thy life could henceforth breathe
Untouched, unshared by mine?
If so, at any pain or cost
Oh! tell me, before all is lost.
Look deeper still, If thon eanst feel
Within thy inmost son!.
That thou host kept a portion hack
While I have staked the whole;
Let no false pity spare the blow,
Bnt in true mercy tell me so.
Is there within thy heart a need
That mine cannot fulfill?
One chord that any other hand
Could.better wake or still?
Speak now, lest at some future day
My whole life wither and decay.
Loves there within thy nature hid,
The demon spirit, Change
Shedding a passing glory still
On all things new and strange?
It may not he tby fault-alone
But shield my heart against thine own.
fgnmitai
Married—In Rome Ga, on the 17th
inst., y Rev. II. H. Parks, Vr. Samuel
W. Duncan, of Wills Valley Railroad^
and Miss Mary E. lit does, of this city.
Couldst thon withdraw thy band one day
And answer to my claim,
That Fate, and that to-day’s mistake
Not thon—had heen to blame?
Some soothe their conscience thns;bnt thon
O, surely the se will warn me now.
Nay answer not—I dare not hear—
The words would come ' too late:
Yet I wonld spate thee all remorse
So, comfort me, my Fate—
Whatever on my heart may fall
Remember, I uxmbl risk it all."
The Misdemeanor of Hiring Laborers under
Contract.
In a late case before the Justice of the
Peace for this District, a remark of much
force was made by the Counsel for the pros
ecution, in relatian to the hiring of labor
ers under contract to ethers, aad the ne
cessity of a rigid enforcement cf the late
statute, making this a misdemeanor.
May be, it is not generally knoq>Q that
the penality for this act is thq sqm? as that
fora larceny, bqt sq it is, qqd j”8tly
and vary {w’qdeotiy we. think, there is
nothing so important as. the binding force
of our oontraets with oar laborers, for that
is the only cure for the Radical disorgani
zation into which oar labor system has been
thrown. And nothing waq qgq-a injurious
at the beginning $our u?ir system, than
the \g>W“t idea of the freedmen, that, to
sn<}w their freedom, they most flit from em-
]>loyer to employer. To correct -this ten
dency a law was necessary, and ihii law
we believe to answer (he eqd, It guaran-
tees the fane«r tfiat t" 9 hands with which
qo ?ows will not be inveigled away
before he reaps. It establishes the relations
between employer and employee, and pro
tects the negro from the effects of his cre
dulity, and the impositions of, at least, dis
reputable men. It is a law which should
be generally known and universally unforc
ed by the prosecution of eyery ononso of
the kind, and by (fio whole moral force of
the paaplo, all of whom are immediately or
mediately interested.—LaGrange Re
porter.
\ White Mocking Bird.
On Saturday last, wo saw at the store
of Messrs. H. W. Thjrnqs &Co., a white
mocking b,ird. It had just attained its
feathers, which are perfectly while.. Its
eyes are pink, aqd ite appearance other
wise, nimilar to the sweet songster so com
mon (0 (hi? country. It was captured near
the depot of tlie M. & A. Railroad,and was
the oqly one hatched in the nost. It re
main? (0 he seen whether this albiuo bird
cqn warble the sweet notes •- fits species.—
Federal Union.
On the morniug of the 14th of June,
at Dr. Thompson’s, iu Cedartown, after
seriou* illness, triumphantly passed away
tlie spirit of Mrs. Mattie C. Teriiu.ne.
wile of John Terhune, of Floyd county
in the 25th year of her age. She joined
the Baptist Church, and was baptized by
Rev. J. T. iVcst. ir. the year 1860. Of her
it n ay be tnily said, “none knew her but to
love her ” " -.'.
She had been iu feeble health for five
years, aud bme her affliction with a pa-
tieuec characteristic of au humble Chris
tian. She had been several weeks absent
from home, on account of the bnrnin-
her house, which occurred not long since,
and was taken worse the day she expected
to return. During the last five days of
her illness, she was deeply impressed with
the certainty of death, and expressed a per
fect willingness to depart, her only regret
was leaving her kind husband, with whom
she had lived so happily—her three little
chil-lren, one an infant six wceLs old, and
her widowed mother.
For three successive mornings previous
to her death, she talked with great com
posure to her husband, brothers and sisters,
separately, and earnestly invoked God’s
blessing upon them, begging each one - to
meet her in Heaven. At one time when
she had not spoken above a whisper for
twelve honrs, and her friends were expect
ing to see' her breathe her last, she sudden
ly revived and sang distinctly.
She requested to see a minister, and
talked with him with great reason, joined
in singing with him,, notwithstanding her
weeping friends surrounded her bedside. A
few hours before the summons came, when
her vital strength was almost exhausted,
her expression suddenly changed, and a
sweet smile imparted a new beauty to the
sinking features, and looking towards her
weeping husband, exclaimed “I see my
blessed Jesus.” When asked by a friend
if she felt happy, she replied “yes, very
happy, 1 want to go, I want to go," and in a
short time her happy spirit left its house of
clay, and doubtless received an entrance in
to that “city above,” which has no need of
the son, neither of the moon, to shine in it,
for tho glory of God will lighten it, and the
Lamb is the light thereof.
She is gone, fallen in the springtime of
life, and her husband stands a stricken
one among us—the light of h:s life gone
out forever. May the same God that stood
by her, in her last hours, go with him to
his lonely home, where the charming pres
ence of his lovely wife will be missed, and
comfort him in his distress. Most heartily
do we sympathize with him in his sad be
reavement. Thus
“Our lives like passing streams must be,
Thatinto one engulfing sea are doomed to
fall—
The sea of death, whose waves roll on,
O’er King and Kingdom, crown and throne
And bury all.”
E.—Her Aunt.
Cedar Yalley,<}a.
SSy'A widower having taken another
wife, was nevertheless, always paying some
panegyric to the memory of his late sponse,
in the presence of the living one, she one d&y
added, with great feeling '‘.Believe me,
my dear, ho one regrets her.loss nioje than
T do.’-’
A Negro Admi'ted to the Bar.
The East Florida Banner, a Radical
sheet, takes pride in the following announce
meat;
At a called term of. Alachua Circuit
Court, Judge J. II. Gross, presiding, last
week, Hon. Harry S. Harmon, a black man
was admitted to the practice of law. This is
the first admission of a black n an to the
privileges of the legal profession in this
State, and one of the first in the South.
Cotton Crops of 1868 and 1860.
Some ostimate may now be formed of
the probable size of the crop of 1868, now
reaching market, says tho Boston Journal,
for enongh has come to haad to give a good
idea of the quantity yet to be received.—
The receipts at the ports for the past few
weeks have been in excess of those for the
same period of 1868, and although our in
terior stocks have been very much reduced,
they are still nearly twice as large as at the
same tirno last year, while there is every
reason to believe that there is still a con
siderable quantity of cotton held on the
plantations; and it is now safe to estimate
the crop of last year at abont 2,500 000
bales.
It is yet too early to form any estimate
of the probable cotton crop of this summer,
and all opinions ou this subject must be
consideretfas mere guesswork; but we tan
look at the position, aind judge of its pres
ent promise, provided tho course U smooth
throughout the suntem There can be no
doubt at all that more kind was planted in
cotton during last spring than that of 1868.
In Texas tho increase in area is estimated
at oue-thir4-=in Georgia at 13 per cent,
whilo the increase in the other States ‘
also large.
Wo will be quite safe jq estimating the
average increase over last year at. 9 per
cent for t|[6 OR lire South. ' Now the Bu
reau a( agrieultqrc estimated that in 1868
there was 6,000,000. acres in the South
planted in cotton, therefore au iuorease of
9 per cent will give C,34Q,QQ0 acres as the
extent of land under cultivation iD this sta
ple during this year.
By reference to the report of agriculture'
for 1807 it will be seeu.tliat the average
production of cotton throughout the ’South
is 190 pounds per acre, but iu order to lie
within a limit, only 180 pounds per acre
wilt be assumed.
The fact is iudisqutalde (hat there has
been a larger list par iatiou of fertilizers -in
to the South dqriqg last winter than ever
before. It is estiamtod that Georgia alone
has consumed 17,000 tons, and all of the
other State* have taken proportionate
quantities. T’Lis increased use of fertilizers
will give aa increased productive power to
tho lands, which iucrease »-an be safely es
timated at aboi.t seventeen per cent, rais
ing the average production of the South
from 189 pouqds to 210 pounds per acre;
in addition to which the lands have been
more thoroughly cultivated, aud the freed-
men hqye worked better and more steadily
than hstyear, and give every promise of
continuing to do su.
There can be no doubt tbat the voung
cotton has been injured by the cool spring;
bnt the injbry has been greatest in Sontb
Carolina, Tennessee, Arkansas and the
Northern parts of Mississippi, while the
real cotton region of the South, Georgia,
Florida, Texas, Louisiana and the Southern
parts of Mississippi and Alabama, have not
suffered so severely; but the injury to the
entire crop will probably amount to about
ten per cent. 'During the past two weeks
there have been successive hot days and
nighto, with fine rains once or twice, which
is the best kind of weather for cotton, and
under its influence, as we learn from all
sections, tho crop is Bhooting np and grow
ing finely. Under the foregoing consider
ations the crop of this year may be estima
ted as follows: Number of acres under
cotton 6,540.00Q; qt 31Q Gourds per acre
42Q pounds per bale, 3,970,000 bales; less
Injury to the mop from cold at 10 per
cent, 327,000 bales; probable crop of 1869,
2,943,000 bales, provided no other casual
ties occur to further reduce the yield.
Washington, June 19.—The Bricklay
ers’ Union expelled six members for warn
ing with colored bricklayei&at tha Navy
Yard. *
Sewing MatfoL,
repaired.
Mr. W. 11. HiGCIXs
1 8 prepired to Repair Sewiag .
sorts and styles, m a seat f n j ' hl !«
mAoner.
ALL WORK DONE WARRvXTrr
ONE YEAR.' ‘ D ,fj t |
Shop first door below Courier off!,,.
juuc22tw-wlin e -
CLEAN WHEAT MAKeT^
fi-ouh. 1
THE McGINNISS
Bbl
The Johnston Bran Dust*
At Jtednced Prices. Roth Machine! „ 'I
edto give entire satisfaction, or the -,
funded. J- R-NOBLE ^H
Chamt ;on Mills
June 2it*lm-wlt |
GEORGIA, Chattooga County. ~
T WO Months afterdate apn!i Jatmn . I
is** oWSsjad
leave to sell the Real Estate belo^in. 0 !?? I
Rhinehart, of said county deceased ^
junc24-2m-pd
l county deceased.
ELIHR SEKLEY, Ada. I
GEORGIA, Polk County.
VE7HEREAS,Dan'l C.Robertshavinrir
town, (la. voice, iacnj|
By order of the Ordinary.
S. Al BORDERS, C. C. h.
june24-2t
^95™?. Floyd Cod5tt -
117JIEREAS, Samuel D.Wn
■.'V“^SESSg*G
By the Ordinary,
jane?4-2t
JESSE LAJIBEP.Tn
C. C. O. F. c.
ADMINISTRATOR'S SALE.
TTY virtue ot an order from the Court ofOnP I
JO nary of Dade county, Ga., will he solJWoJ
the Court House door in said county, « n t h?11
Tuesday ia August next, the following pro'll
Lot of Ian No 134, in 19th district tad tJ
section of said county. Sold as the
Daniel Davis, deceased, for tho benffi&l
heirs and creditors of said estate—sabie-t I
widow’s dower. Term cash. ’“'ll
june22 E. D. GRAHAM, Ado'i
NEW FIRM.
HILLS. DAILY & C0.I
Successors to
DAILY, REESE Sc CO.,
Manufacturers & Sealers
FURNITURE,
AND
SASH AND BUM I
r r purchasing the shop and machinery cf I
Mesw-3. Daily, Resse A Co., we have grcatlr I
improved the facilities lor manufacturing, lta I
our aim to employ ompeteot men in all depart- I
ments of our business; to keep au ampl supply I
of material on hand, and do work stric’ly u-
cording to agreement. In t oroughne-s mi
prompt ess, we do not moan to be excelled Ij
any manufacturing establishment in the Sodk
LUMBER.
A large stock of seasoned and gre n limber
will be kept constantly on hand, from-n^idi I
contractors can supply themselves at mirVj I
rates.
FURNITURE.
Will be made a speciality, and hoaiainjJe aid I
imported fumi tore will bo kera Soijwodrerietj. I
alpriccs as low as Atlanta to}**. 1
MAT TRASSES
Kept on hand and :#»&de to orJer.
SASH & BLINDS,
Doors, Mantels, YViudow Frames, etc.
Will he furnished at Atlanta prices.
JOB WORK
Of all kinds in our line promptlr and faithrf-
ly attended to.
METALLIC BURIAL CASES.
AND
COFFINS
Furnished at short notice.
Ware Room Broad St, Opposite
R. S. NORTOJT & SON.
feblltwlm-w3m.
NOTICE TO SHIPPERS
or
WHEAT & FLOUR
SPECIAL THROUGH RATES
GEORGIA AND S. C. R. E. AND STEA5IEE3
- FORMING THE
Great Through Route
For North and South bound Freight via
CHABLESTON, S- C.
From ROME to
New York, Baltimore, Philadelphia, Cbsrlnte
and Augusta.
Wheat, per BusheL
Rom to Augusta - 25c
Charleston, - - - 35c
New York, - - - 4Sc
Philadelphia, - - - 4Sc
Baltimore, - 4dc-
From Landings on Coosa River and Station
S R. A D. R. R., add their local to Rome rate.
FLOUR PER BSL.
Rome to Charleston*
New York, -
Vbilad*>phi&, -
DaUimoro,
$1 X
. 2 Ott
2 W
- 1*
jHhipiuexbtA through from Rome to Chsrlrt^ 11
rithout change of cars.
For farther information apply to
J. M. STILLWELL.
General Freight Agent, R. B* B*
W. T. J. O. WOODWARD,
Special Agent.
june!5tw-w-2w*
CAST AND WROUGHT
Iron Pipe.
W E have on hand a largo amount, ,
continue to keep aU rises -
sod Vi 1 ]
* * cuuHOue iu aevu. au sues v» ...
Wrought Iron Pip 4 *, with all necessary
which we pfopame W sell at lower priew
hare ever heen said iwr before in this market.
Call at tho Gas Works. t . rn
niaymw-w-am H. A. GARTRELL A cv-
Dr. Cfcas. Williams’ Balsam •» wiW
Cherry aad Woe* Naptha.
This Medicine that has been provee to
elective for Pulmonary Diseases
Borne by HAMILTON A TURNLJL
No. 3, Choice He**-