The daily sun. (Columbus, Ga.) 1855-1873, January 26, 1856, Image 2

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    OOLTJMBTJ S:
Saturday MornlnKi January sio, IHSO.
biMMT CITY nun I-ATIOS.
Wo have rooeivcd, too lute jfor insertion in
this paper, a oommunioation over the aignu
turo “ A Citizen,” protesting against our
remarks of Thursday morning relative to the
sale of city railroad stock. It shall appear in
our paper of Monday morning.
Daring Bobberies.
On Thursday Mahie’s Menagerie and lien
Stone’s Circus arrived in our city, and at the
samo timo qnite a number of strange and sus
picious looking characters were observed about
our fitreots —probably a lot of sharpers, thieves
and burglars, following up the “ Exhibition,”
as affording a good opportunity to practice
their rogueries. The events of Thursday night
justify* this belief. During the “perform
ances;;’ that night, the pockets of some four
or five gentlemen were picked—after they had
passed the door. We understand that a Mr.
Howard lost S3OO in this Way, and Deputy
Marshal Robinson $lO. Later in the night,
the houses of sevornl of our citizens were en
tered-by-moans of false keys, and money ab
stracted from tho pockets of their inmates.
Tho house bf Mr. E. 8. Greenwood was enter
ed, and a room occupied by ladies opened by
a man with a dark lantern in his hand; lie
was seen by tho ladios, and shut the door uml
hastily retreated when his business was de
manded. The llroad Street House was entered
in tho same way, whore the thief or thieves
abstracted $45 from tho pocket of a Mr. Croft;
also the rooms over Stewart, Gray .V Co.'s, in
•no of which S7O was taken from the pocket
of Mr. Thomas Larrus. Stopping at the house
es R. L. Mott, thoy took SOO from Mr. Inslee’s
room. Mrs. Shorter’s house was also entered,
but a negro woman was awakenod, upon whom
the rogues drew a pistol, but by tho cries of
hersolf and another servant they were fright
ened off. floro two men were seen in tho
house.
These occurrences—tho work evidently of
bold and practiced villains—show that our city
is just now infested by straggling rogues ami
pickpockots; for so many robberies in one
night (whore thoy were of rare occurrence
boforo) must have been perpetrated by now
eomors. Wo trust that they may be discover
ed and scoured, before prosecuting their trade
la othor cities.
• i —♦-
No Organization Yet.
The National Iloumi ofliepresnntatives i* ptill tumble
er unwilling to organize. The fuel, joint are stubborn, uml
•aeb seems more interested In tlio defeat of the others
than in aecuriiiK tho triumph of its own candidate.
Ilenca changes and compromises ure ilifllrult uml ulxir
tiv*. Among other plana for untwisting tho “dead lock”
•o long maintained, Mr. Unst, of Arkansas, proposed that
ail th candidates be withdrawn as they proved great ob
stacle* in tho way of organization. To this, Messrs, ful
ler and Pennington very readily consented, but their
friends refusing, tho resolution was withdrawn. Mr, Car
lisle, of Virginia, moved that tlov. Smith ho elected spea
ker, hut this was votod down. On tho 23d instant, how
ever, Mr. llichnrdsou signified his intention to retire from
the contest on that day or tho noxt. ami Mr. Uust tin'll
renewed his proposition, that, nil tho candidates decline.
A motion was mmlo to lay tills proposition on tho table,
tint It, was rejected by a tio voto, and the House adjourn
al without voting directly on it. I'crhups this move ami
tbo course of Richardson indicate a breaking up of party
ezlnsivcuess and a consequent bettor prospect'tor an
organisation.
At tho mnniclpiil olectlon* hold on Monday lust in At
lint a And Romo, On., tho Know-Nothings worn BUivont’ul,
•looting thoir regular tinkotfl in both towns. “Cilizi ns’
Tickets,” oomponud of monitors of both parties, woro run
•gainst them.
The Emperor Bouloquo (whoso defeat by tho Domini
cans we Announced yesterday) is, or was, tho ldiu - k sov
ereign of tho Negro portion of Ilayti, end was a grout
p*t of the Abolitionists of our Northern States. (lively,
•specially, delighted to snuff tho fragrance of his renown,
and thought him tho most delectable, sagacious and en
lightened ruler of his time. It was, probably, under the
delusion created by these representations of his grout
ness, that ho determined to march upon and seize tho
remnant of the island still left in the possession of the
Dominicans, or Spaniards; and his discomfiture is an
other proof of tho wisdom that suggest oil zKsop’s table of
tfae Prog and tho Ox.
. H.— ■
Toxos Hail Hoads.
Tho Legislature of Toxas has pushed n bill
proridiug for tt loan of $6,000 per mile (to the
•gffrogato amount of the school fund of tho
State, $2, 000,0()0) to any companies that have
•omploted, or may complete 25 miles of rail
road within thoStnto. Tho rate of interest to
bo paid is 0 per cont,, which will yield a year
ly school fund of $120,000; and tho State is
to hare a mortgage on each road to secure
the payment of principal and interest. It will
thus bo seen that our young sister State is tit
onoe proridiug for internal improvement and
education, in a ntodo that cannot fail to bo
highly advantageous to both those groat inter
ests, tad at the homo time safe and free from
loss or ohargo to the Treasury. Should her
excog? of tax receipts, or her rovenucs from
landcHhalos, justify yearly additions to the
jnhool fund thus to bo loaned out, she will
soon havo a magnificent and profitable invest
ment for common school purposes, while her
eommoroo will bo augmented and profited by
railroads traversing nearly every section of
her extended territory.
f. M. Drooks Esq., of this city, has boon ap
pointed United States Deputy Marshal for the
Southern District of Georgia, to fill the vacan
cy occasioned by the resignation of E. <\ llub
bell.
An Elephant in Trouble.
The Circus of Messrs. Kobiuson & Eldrod
passed through this county recently, ami af
ter exhibiting in Bandersvillo, attempted to
•toss Buffalo crook to roach tho next place of
exhibition. Nearly all of their wagons were
mired up in tho soft earth in tho vicinity of
the ereek. But ono after another were pushed
•at by old Buliphant, ns tho b’hoys call him,
but like many another generous heart, after
relieving every body else, stuck fast in the
mud himself, and remained all night in the bog.
How he managed to relieve himself next mor
nlng,|wa were not informed? but suppose liis
keeper succeeded in making him believe he
would be disgraced by remaining any longer in
inch a dirty puddle. —Sparta Gcor>/i<in.
Oldost Inhabitant.
A correspondent of the Richmond Enquirer,
says that there is living in Powhatan raMinty,
N. C., a person who was born cotcraporoneously
with the eoronationof George 11. of England—
-48 years before tho Declaration of American
Independence, and four or five years before
the birth of Washington.
Tho Repudiation of the Halo of Gity Stock
In this morning's paper will be t mi l a com
munication from bin Honor the Mayor, de
fending the course of the new Council in “set
ting aside” the contract made with Messrs,
l’atten and M anti an for the transfer of the
city’s stock in the Muscogee Kail Hoad Com
pany. Now, we have not tiie most distant
idea of charging upon Mayor Wilkins tiny
“personal preference or feeling,” or other un
due influence in this mutter; but after review
ing the whole case presented, with a mind 1
equally free from personal bias, we do come to
i the conclusion that lie and the honorable body
i over which he presides have taken a wrong
view of their duties as legislators for tiie city
; and guardians of her honor and good faith.
There are several trivial objections based
I upon technical issues, made in the cotnmuui-
I cation of tho Mayor, which we do not care to
! waste words upon. Wo pass them over, and
deal with tin-main question presented.
Doing cited to the terms of tiie agreement
j between the present Council and Messrs,
patten and Musthui in relation to the $26,004
advanced, wo have obtained a view of that
instrument; and from it we derive these facts:
The Mayor and Council, on the 17th day of
December last, gave Messrs. P. and M. a
promissory note for the sum ot $20,01K), witli
the’ following condition annexed—“ That if
the contract for the sale of 1800 shares of
Muscogee Rail Road stock, made between John
L. Mast inn and Richard Patten of the one part
anil tho Mayor and Council of the City of Co
lumhus of the other part, and which is note en
joined, should lie set aside, then (lie said note
to be of full force and virtue and bear interest
from date : but if tin- injunction is dissolved,
amino impediment should exist to the consum
mation thereof, then tho said note to he null
and void, —and the same be considered as the
first payment made by said Patten and Mits
tian, made in pursuance of said contract, and
no interest shnll be charged thereon.” In
pursuance of the terms of this agreement,
Messrs. P. and M. advanced the $20,000, and
it is not charged that they have violated any
part of their agreement. The injunction, too,
has been dissolved, and no impediment remains
to restrain tho city from now consummating
the contract, or remedying any errors or in
formalities which it may have committed in
negotiating it. It is completely within its pow
er to correct all such irregularities and carry
out the contract in good faith, even if the whole
transaction lias to be taken up de. novo. Rut
it seeks, through its authorities, to set it aside,
and to do so, tries to avail itself of an advan
tage acquired by its own wrong. We boast of
no legal knowledge, but we have a strong
confidence in our opinion that no Court would
permit it to do this. To do so nun/ be law,
but every man who takes a common sense view
of the question must concur with us that it
would lie a sheer mockery of justice.
Messrs. Patten and Mustian evidently made
this agreement with the new Council, and ad
vanced the money, with the understanding
that it was a ratification of their contract with
the former Council. Men cunning in the law
may discover an expression in the instrument
which enables tho city to avoid the contract;
Vmt when it is understood that this lurking
right is based upon omissions or informalities
on the part of the city itself (which Messrs.
P. & M. could not obviate) —when it is further
considered that the city even now has the pow
er to remedy these and make the contract pre
cisely as originally intended—can any man,
deriving his ideas of common honesty and mo
ral obligations from any other source than the
old fogy common law and statutory quibbles,
maintain that law and justice will be sub
served by a repudiation of tin- contract, with
out tin- concurrence of Messrs, p. \ M.,at this
time? We think not.
Thin Messers Patten Miration thought they
woro obtaining, by this agreement in reference
to tho #2(5,000, a full ratification of the con
tract, iu quite -evident, whether legal caviling
enables the city to avoid it or not; else they
would not have made tin-advance. That their
understanding of it was in accordance with its
general terms and obvious meaning, is equal
ly clear ; and if they are now ousted of their
rights, it is evident that it will be by a con
struction of the instrument which never oc
curred to them—for any other men (except
perhaps some very shrewd lawyers) would
have considered the word “impediment” to re
ler to the injunction, or to some other obstacle
which the other party to the instrument could
not remove. They will he innocent sufferers
from the city’s own wrongful course; and no
breach ot the bonajides of the transaction can
be charged upon them.
It will lo seen that his Honor makes no an
swer to our queries as to tho short notice giv
en to persons wishing to purchase the stock,
the hurry with which the proceeding is urged,
&c - “c protested, in the first instance,
against a similar course on the part of the for- !
mer Council; and we are still firmly convinced ;
that it time for general consultation and inqui- j
ry had then boon allowed, the blunders com
plained of by Mayor Wilkins would not have
been committed, much trouble and expense
would have been saved, and our city would
not have seen forced, by the late discovery of 1
lurking legal “impediments,” to occupy u po- j
sition which wo fear sho is about to assume—
that of a faithless repudiator and gainer by j
her own wrongful nets !
To tho Editor of the Bun:
Fir : 1 find in your paper of the 21th inst.,
an article, under the head of “The City's
M. 11. R. Stock again,” where it states that
the present Council re-affirmed the contract
and resolutions accepting the proposition of
Messrs. Mustian and l’atten for the loan of
$26,000; and inasmuch as those gentlemen
had, on the strength of that re-affirmance,
liquidated the debt due by the city, you were
surprised to receive the notice of this Council
that they would, at their next regular meeting,
consider propositions for the purchase of the
M. R. U. stock owned by the city. The au
thor of the article also wishes to know, if
Mustian and l’atten were not parties to the
arrangement, if this Council was not acting iu
violation of good faith towards Messrs. M.
and 1* ? I answer not. And if the citizens
will take the pains to investigate the whole
transaction, and the law governing such eases,
1 apprehend they will come m tin- -ante con
clusion.
This Council, it is true, ratified the action
of tiie late Council accepting M. and P.’s pro
position to loan the city $23,000. And, sir,
yourself anti the citizens must recollect that
this Council went into office about the 12th
December last, and had but a few days to ar
range for the payment of $31,310, which fell
due on the 17th til'the same mouth. Therefore
wc, in tin; emergency that we were placed in
by tho late Council, ratified the resolution of
that Council accepting Messrs. M. and P.’s,
proposition, knowing and believing at the
same time we were not committing ourselves
to a transaction that we, as officers of the city,
had not had time to investigate. Now, sir,
what says the proposition that we did sanction
and ratify ? Poes it not say, jf the bill of in
junction was dissolved and no impediment exist
ed, (mark the words no impediment) that the
*20,000 loaned should be considered as a pay
ment upon tlie original sale, and no interest
to be charged thereupon ?’
Now. sir, tills Council, after having time to
investigate the transaction, what do thoy find
to exist in the way of impediments '! First,
they find Hint the late Council failed to make
publication of the vote of Council and resolu
tion; second, that the resolution never had
been acted upon and a vote taken upon it a
second time-,—all of which the law expressly
requires before it is of force and effect.
Now, sir, I deny that Messrs. Mustian and
Patten liquidated the debt made mention of in
your article. The debt was for 831,31 b:
they loaned the city $26,000, and received ns
security for the payment 1000 shares of stock.
And why did they propose to do so'.’ I appre
hend it was because'Gen. Femmes, who felt it
his duty from the position he then oecupied to
the city to see that the city's credit should not
suffer, proposed to Mr. Patten to join him in
loaning the oity the amount required. And
Mr. Patten, upon consultation with Mr. Mus
tinn, went to Gen. Semraes again with the
proposition of his and Mustian to Council,
and said they would lend the money.
Now, Mr. Editor, 1 have no personal pre
ference in this matter, or feeling, more than I
should have from the position I occupy as a
member of the Council. All 1 have done in
the premises Ims been solely for the interest
of the city ; and 1 would here suggest to citi
zens to suspend uny opinion in the matter,
and investigate the whole transaction as re
corded, and the form their opinion
accordingly. T herewith hand you the law,
which von will please publish, and oblige
F. G. WILKINS.
See. 7. ill- it furUier euaitcd, ‘Unit no vote, resolution,
or order of said Mayor and Council, for the payment of
money, or for the performance of any art or measure in
volving an amount exceeding the sum of three hundred
dollars, except the regular and current expenses,of the
city, shall tic of force and elicit, unless it be by the act
of a majority of the whole Hoard at two successive meet
ings thereof; wliieji said vote, resolution, or order, shall
he published in one or more of the public gazettes of
Columbus, between the lirst and seeond passage.
FACTORY OPERATIVES.
VlibbHiiCEVlLbK, Jit u. 24tli, 1855.
Mu Editor :—1 enclose you the debate, in
the House of Representatives a few days ago,
upon the Factory Bill. You will see that our
young Representative lias done himself some
credit, the Factory children some service, and
redeemed a pledge lie was under—which no
doubt afforded him pleasure; and long will lie
be remembered by the operatives of your city
ami county Lot your San shine, so that they
may nil read it.
1101 SK or It Ill’ll KSKNTATIVKS.
IVImL* on 1 lie Hill to repeal the act proscribing tiie boars
of Factory Labor, passed in 1854.
The Genoral Assembly of 1853-1 passed mi
Act, the first section of which prescribes, that
minors shall not labor in Factories longer than
from sunrise to sunset, allowing the usual
time for meals; Section 2nd annuls all eon
tracts in contravention of the above ; Sec. 3rd
prescribes a penalty for violation of tiie Act,
a fine, not exceeding 8100, and imprisonment
in tiie common jail, not exceeding sixty days.
Mr. Crook, of Chattooga, introduced a bill
to repeal the Act so far as relates to the coun
ty of Chattooga. The Committee on Manufac
tures, to whom it was referred, reported a
substitute extending the provisions of Mr. ( Vs
bill to tho State at large ; and it came up yes
terday on its passage. Whereupon Mr. Jones,
of Muscogee, said :
Mr. Speaker : 1 rise to protest against the
jiassago of this bill, and to do what l call for
the protection of a class unable to protect
themselves—defenceless—in short, Sir, chil
dren. 1 know not wliat may be the needs and
wishes of the constituency, which the gentle
man from Chattooga represents. But I too,
sir, have many constituents immediately inter
ested, and who are to be directly affected by
the passage or defeat of this bill; and I shall
not permit the wards and children of the poor
of iny county to be bargained off and oppress
ed, without an effort at least for their defence.
I shall not permit them to he liable for what
ever contract or arrangement their guardians
and parents may choose to make for them.
Sir, this bill is subversive of the best interests
of society ; its effect is to consign to slavery—
white slavery—defenceless children; and its
friends and advocates, aside from the capital
ists interested, arc those who would live at
ease, (I speak for tho county of Muscogee,)
upon the toil of their wards and children ; who
wish to saunter about the streets, while those
whom they should love and cherish are wear
ing out their lives in the unhealthy gloom of
Factory walls. Fir, 1 have petitions even now
in my possession on this subject, but which i
will not present. Fome of them are signed by
the class to whom I have just alluded. Others
have told me that they were forced to sign for
fear of boiug thrown out of employment; thus
does Capital coerce Labor to put its signature
to paper, which it abhors. If men choose to
sell themselves into slavery, I have no objec
tion to make: but they shall not, with my con
sent, sell their helpless children; and, sir. I
hestatc not to say, that the man who would
wantonly deprive these unfortunates of a few
hours fresh air, and of that genial sunshine
which God has vouchsafed to all his creation,
is unfit to be the representative of a free peo
ple. I move, sir, to amend the Committee's
substitute by excluding from its provision* the
county of Muscogee.
•Tho motion was carried, and the Committee’s
substitute being put upon its passage, was
lost. Mr. Crook's bill then came up in its
original local form.
Sir. Crook: Mr. Speaker, Ido not wish it
understood that 1 am here to oppress the poor,
or that T seek to do so. My sympathies are
with them always, and they have my pity.—
Nor has the time arrived, 1 hope, iu this great
ami growing State, that capital has set to work
to grind the face of labor. But sir, a restric
tion ot the bom's of labor, necessarily involves
a dimunition of wages. Tho manufacturing
interests too of this State, need all the encour
agement wc can give them. They arc young,
st ruggling, and I would not tie their hands. 1
wish to abolish all these restrictions ; let cap
ital and labor come together: and, sir, 1 wish
to sec Georgia independent in this respect, and
self-reliant: and specially do 1 wish to see her
independent of those factions at the North,
who arc moving heaven and earth to defraud
her of her rights, and to keep her in
vassalage. Again *ir, the law upon your stat
ute book is even now a dead letter. Not a
manufacturing establishment in Georgia re
gards it. Public seutiinent condemns the act,
and it is consequently inoperative. Injustice,
sir, to the Chairman of the Committee on Man
ufactures, (Mr. Dawson, of Greene) who, 1 no
tice, is not in his seat, and to the manufac
turers of Georgia, and to myself, 1 deny that
any of us seek to oppress or wrong those who
are ongaged in factory labor.
Mr. Ward, of Butts : Mr. Speaker, I desire
to have my county embraced in the bill before
the House, and shall move so to amend it, and
I would state that there are many operatives
in ray county between the ages of 15 and 21
who desire tho repeal of tho act of 1854, to
enable them to work extra hours in order that
they limy earn something for themselves.
Mr. Jones, of Muscogee: l exceedingly re
gret, Mr. Speaker, to have to interfere in a
family affair ; but as this bill is possibly to
pass, my sworn duty as a Representative of
Georgia, of which .State the counties of Butts
and Chattooga form a part, will not allow rue
to be silent. 1 appeal to this House, in behalf
of those who have no voice upon its floors —no
votes—no choice in the matter whatever, whose
wishes and feelings this bill does not consult,
and whose interests it cloesnot promote, to ex
tend to . them its powerful protection. This
bill cannot receive my sanction. Wrong from
its very foundation, at war with the spirit of our
laws, and subversive of the rights of humani
ty, 1 cannot allow it to pass by my silence or
by my consent. Ido not stand here sir, as the
advocate of. a class, rich or poor. 1 believe it
no sin to be rich—no crime to be poor—though
exceedingly inconvenient. The gentleman
from Chattooga would fain develop the manu
facturing interests of the South. But how ?
By the sweat and tears of wards, and orphans,
and minors ? Upon the wrongs of weak, pov
erty-stricken and helpless children ? Sir, I
hope that when Georgia shall stand up, as a
sovereign and independent State, great in arts,
in arms and in manufactures, it will be upon
no such foundation as this. ’ If the gentleman
is anxious to fight, let us tight those who op
press us, as lie says the North is doing. Let
us tight those who wrong us, if fight we must.
But do not let us make war upon tiie defence
less; and above all upon youth. No laui'els,
sir, are to be won in sucli a contest as this,
and for one, I repudiate it with horror. If,
sir, the manufacturing interest of this State is
dependant upon such legislation as is proposed
by this bill, for myself I say, let its proud
structures be prostrated—let waste and deso
lation prevail in its dwelling places, and the
places which now know it know it no more
forever. It has been said that the act of 1854
interferes with property and with contracts.
Not so. The law already prohibited contracts
with minors, while this bill virtually allows it,
at the same time giving them none of the ben
fits they might otherwise secure to themselves.
The statute, it is said, is not observed. What
of that, admitting for argument’s sake it were
true ‘! There are laws against murder, arson,
theft, and a hundred of other crimes. Your
Penitentiary tells us, those laws are violated.
Must wc therefore repeal them. .Society is im
perfect—necessarily so ; as must be the laws
which control it. But are we therefore to shut
up the statute books, andabolish alllaw? We
must do the best we can. But, sir, I solemnly
declare, that 1 look with more tolerauco upon
the man who in the frenzy of passion, and
the haste of a moment, inflicts a mortal wound
on a fellow man, than upon him who by unjust
and cruel exactions, imposes upon poor human
ity a burden which God never intended it
should bear. The one is a momentary, the
other a continued crime ; the one is done in
passion, the other in ravenous greed for filthy
lucre. 1. trust sir, this bill will not pass ; that
this body will not even give to the county of
Chattooga the power against which I plead,
and I can assure the gentleman that his young
constituency, (should he succeed in his en
deavors for them), will have no vote or voice,
with which to thank him.
Mr. Crook: i would remind gentlemen up
on this floor, that the act of 1854 is a direct
interference in social relations between parent
and child. Is it to be supposed that we can
better know, or more nearly have athcart, the
interests of the child, than the parent who be
got it ? Is this a wise policy to intervene be
tween parent and offspring, guardian and ward?
Fir, it is pretended that the parents of factory
children are monsters of inhumanity. Such
is not the case in my county—l speak not for
for Muscogee. My constituents come to me
for relief. We arc poor they say ;we have no
money to buy us homesteads and lands ; the
factory alone stands between us and want.—
By your laws our pittance of wages, little
enough God knows, is made still smaller ; for
when you restrict the hours you cut down wa
ges. Repeal the law and let us work when
we choose. Mr. Speaker, the tendencies of
this Act arc, either to shut the factory doors,
or bring down wages below a living rate. —
Your poor must be forever poor, or the busy
hum of the spindle, it may be, must stop alto
gether. Aye, and the people of this great
State must, perchance, be dependent on the
hostile North, for the coarsest sergps of negro
wear, li the body choise to enact nogcmr.il
law on the subject, 1 trust they will at least
give to me and mine the right to labor when
and how we please.
Mr. Milledgc—Mr. Speaker, when this bill
came up a day ov two prior to the recess, re
presenting as I do, a large manufacturing in
terest, I begged its postponement until I could
learn what were the views and the wishes of
those who have sent me here. This morning
when it again came up, in the absence of the
Chairman of the Committee who reported upon
it, 1 should have preferred a further postpone
ment. But as the bill is now fully before the
House, it is due to it, and to myself, that I
should take a position for or against it. The
latter, sir, is my choice. During the recess, 1
have made it specially my business to exam
ine into tiie question which the bill raises,
and this question, sir, seems to divide itself
into two points or parts,—the interests of Cap
ital and the interests of Labor. The first,
from what I can learn, are in favor, the latter
against, a repeal of the Act of 1854. When
conversing with the Capitalists, they told me
they could not contend against Northern man
ufacturers, because of these unlioalthful re
strictions ; and this seems to be a great argu
ment with my friend from Chattooga.—
But I ask him. if he is not aware that similar
laws prevail at the North ? that there is an
extensive system, known as tho “ ten hour.”
In Lowell, one of, if not the largest, of all the
Northern manufacturing cities, the ten hour
rule prevails; and, sir. the children there,
when released from the loom, spend the little
time they have ill the school room. Sir, If, with
all our advantages—if with theraw material at
our own doors—if, with no costs of freightage,
shipment, or transhipment, we arc still una
ble to compete with the North, —Ilook for the
defect, not in the ton-hour rule or the Act of
1854, but in bad management. As to the oth
er branch of the subject, humanity demands
that we protect the defenceless. The gentle
man speaks es interference. What is the law
for, if not to protect the weak against th t
strong ? Moreover the law does repeatedly a,
frequently interfere. It protects the persecui
ted wife from the brutal husband; the wan)
from a grasping and selfish guardian; tht
slave from the cruelty of his master ; and ever,
the brute from the inhumanity of the greater
brute who goads him. In conclusion, sir, jf J
we cannot, w T ith all our advantages, supp 01 .,
and build up Southern Manufactures, without
cruelty to the children of the poor, as a.
friend from Muscogee has eloquently said, j’
for one, will let manufactures go down.
Mr. Crook —I have but a w'ord to say in
ply to the gentlemen on the other side of th e ■
House. I would ask the gentleman from Mus
cogee, who seems so very solicitous about the
welfare of the poor, whose interest I also de
sire to promote, and for whom I have offered
this bill, 1 ask him, if the Legislature has the
right to fix the hours of labor, lias it not an
equal right to fix its remuneration ? And why
does not his sympathizing heart suggest to him
a bill, making liberal rates ? I also ask him to
point to tli e public condemnation of the system
he condemns. Where is the proof that children
are so grievously overworked ? Since l have
had a seat in this chamber I have not meddled
with the local bills of any member ; nor can ]
see why, if l and my constituency desire this
measure, it should be refused us.
Mr. Jones—l again ask pardon of the gem
tleman for having to interfere in a family Bf
fair. But my sworn duty must be done. ] n
answer to the gentleman’s first query, 1 haw I
to say, that there is no analogy between fixing
the hours and the prices of labor ; nor does tht
one follow as a consequence of the other. Leg
islators have assumed to take the hours and tin
days in hand ; lienee is it, that in most civil,
ized lands there is a law, forbidding work on
the Sabbath day. But the legislator has not
assumed, except in cases created by itself, t
makc prices-current.
Mr. Crook —If you have the right to limit 5
to ten hours, why not to five ? If
Mr/Jones—Are you through sir? I reply,
they have the right. Beyond all question they
have it. Tiie Legislature may decree that wc
shall not work at all. But, as St. Paul telL
us, “many things are lawful which are not
expedient.” And this rule is to be heeded
The Legislature may, should it choose, pass a
law that a man should not work his slaves on
certain days in the week.
Mr. Crook—Do I understand the gentleman
say, that a man may be prevented from work
ing his slaves ?
Mr. Jones—Unquestionably. I never jump
a question. The Legislature may even decree
that Mr. Crook shall not work. Does it not
now say, Mr. Crook shall not work on Sun
day ? and are you not liable to prosecution if
you do ? The gentleman should remember tie
difference between right and expediency. And
I would now ask him, if lie does not think from
sunrise to sunset sufficiently long to work a
child, in a Factory ?
Mr. Crook —1 tliink itffs.
Mr. J ones—Then why repeal the law ? But
the gentleman dwells upon the impropriety of
interfering with local bills. Let him bring
up a bill to exempt his county from the penal
ty of cruelty to slaves—from the whole penal
code, if he wishes it. I will give him my vote
for it, as a local law, provided they shall not
be permitted to slay or steal from any unfor
tunate stranger happening to be unfortunately .
among them. Sir, it is assumed that the pa
rent or guardian is the best protector of a
child or ward. Not always. The law fre
quently puts forth its strong arm for their
protection. Once, a may might slay his child
or his slave. But now, in Georgia, when they
do so, w-e hang them for it. And if any pa
rent or guardian would work his child, or his
ward, longer than from sunrise to sunset, the
Legislature is a better guardian. Why, sir.
those hours are not exceeded in working” our
slaves. Would you be more exacting of your
children than of your slaves ? Many of the
wards and orphans whom I seek to proteet
have been made so by overwork in factories.
Manhood, strong and vigorous, is barely able
to bear the brunt of factory-labor. The
healthy and robust aro the advocates of this
bill—who live on children’s labor—who want
this law- repealed—who hang about corners
and grogshops, and who constitute what is
known as the “ floating vote.” Between these
and the poor children, I ask this House tu
stand. The gentleman from Chattooga surely
knows little of factory life. 1 defy him to
show a healthful specimen, man, woman or
child, among Factory operatives, who Inis
worked fifteen hours daily. In summer, the
interval between sunrise and sunset is nearly
1 hat long; in winter, I ask the gentleman what
he thinks would be likely to ensue, when ope
ratives, young and delicate, leave the hot at
mosphere of the Factory, for tho frosty air ?
Health presides not over the Factory. In the
pallid cheeks of the poor Factory Girl no roses
grow—no blooms distil. Her eyes speak not
of youth, her step betrays no joy. I ask this
body, if this be the object for bargain and con
tract between Capital and Labor. And I ask
them, in the name of God and of humanity, to
reject this bill.
Mr. Haynie, of Floyd—Mr. Speaker, 1 was
a member of the Legislature which passed the
Act of 1854. I voted for it, and I have not
seen nor heard anything to-day, to make me
regret it. It is our duty to protect the weak,
tho orphan, and the ward; and it is among
the most pleasing of our tasks. I have not a
doubt that this Honorable body, working at
$5 a day, would reject a law compelling them
to work 15 hours daily. I
Mr. Crook—Will the gentleman tell me why
not lix the rates as well as the hours of labor .
Mr. Ilaynic—Weave not talking of dolin'’
and cents ; that is not the question before tie
House.
Mr. Crook—lint why not the one as well
the other ? The reason't
Mr. Ilaynic—l again say, that is not tli
question. The question is one-of moral right
and 1 trust this body will not pass the hill.
Dr. Hill, of Troup, here offered an amend
ment to include the county of Troup in tin
provisions of the bill, lie stated that nuuiv
of the operatives in hiscounty desired a repeal
ot the law. and liberty to make their own eon
tracts. The amendment was accepted, and
the bill now included the counties of Chattoo
ga, Troup and butts.
Mr. Terlmne, with a view, as he said, to re
concile conflicting opinions, offered a substi
tute which proposed to repeal, merely, sec
tions 2nd and 3rd of the act of 1854. The
sections named contain the penalties (as will
be seen above) and without them, the Act
would be practically void. The House, so
thinking, voted the substitute down. The bill
was then put and lost by a large majority vote.
1 bis luoruing a motion to reconsider was car
ried, many members voting for it from consid
erations of courtesy merely. It is not proba
ble that the fate of the bill will be altered when
it comes up again. yours, SETH.
IIFI— MMIII—i■ —
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January 20. ly