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The Romo Courier ROME, GA. THURSDAY MORNING, June 22. 'i '. i 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**-