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[From the Bridgeport Farmer.]
A SCRAP OF HISTORY.
About six hundred and fifty years ago, on.
an island meadow in the river Thames, still
known as Rnnnymede, on the morning of the
12th of August, the iron-clad friends of free
dom in England met King John, and wrested
from him the same Tights that have been
trampled upon by Abraham Lincoln and the
Radical party for the last seven yeara. That
day was the birth-day of Magna Charta, the
great charter of English liberty. It contain
ed these words: “No man shall be arrested,
imprisoned, or deprived of his own free house
hold, or of his liberties, or of his own free
customs, or outlawed and banished, or in
jured in any manner; nor will we pass sen
tence npon him, nor send trial upon him, un
less by the legal judgment of his peers, or by
the law of the land." This is the great germ
of our civil liberty. It was defended in Eng
land by many bloody wars and has been rati
fied by many acts of Parliament, and at the
present day no King or Parliament of Eng
land would dare, iu any way, to restrict the
privilege of the habeas corpus. It was en
grafted as a fundamental principle in our
Constitution; and our forefathers believed it
to be a sure guarantee for the rights of future
generations.
About six years before the Federal Consti
tution was adopted, a remarkable prophecy
was uttered under the following circum
stances; In 1780, Henry Laurens, former
President of the Continental Congress, was
sent as Minister to Holland. On his. way he
was captured and inprisoned in the Tower of
London for fourteen months. When Lord’
Shelburne became Premier, Laurens was
brought up on habeas corpus and released.
After his release, he dined with Lord Shel
burne, when the conversation turned on the
separation of the two conntrieB. Lord Shel
burne remarked; “I am sorry for your peo
ple." “Why so?” asked Laurens. “They
will lose the habeas corpus !" was the reply.
“Lose the habeas corpus," said Laurens in as
tonishment. "lea." said Lord Shelburne.
“We purchased it with centuries of wrang
ling, many yeara of fighting, and bad it con
firmed by at least fifty acts of Parliament.
All this taught the.nation its value; and it fa
so ingrained into their creed as the very foun
dation of their liberty, that no man or party
will ever daro trample on it. Aour people
will pick it up and attempt to use it, but,
having cost them nothing, they will not Iqiow
how to appreciate it. At the. first, great in
ternal feud that you have the majority will
trample npon it, and the people will permit
it to be done, and so will go your liberty.”
How remarkably has this prophecy been ful
filled !
The habeas corpus is the only safeguard
against tyranny; yield that and we give up
every right secured by the Constitution. The
IJtpjical Lump Congress with Abraham Lin
coln for its tool well Knew this; and they used
the opportunity under the hypocritical plea
of . “saving the Union” to strike a fatal blow
at American Liberty, and in seven short years
have placed American liberty back where
British liberty was over six centuries ago.
Tile deeds of this black party are truthfully
set forth by a cotemporury in the following
words:
“It aspired to the control of public affairs
when the very name of a Federal Tax Collec
tor was unknown. It has left a public debt
as' gigantic as. that which eats the substance,
and impoverishes the condition of the toilers
of other countries. Up to the time it came
into power, the liberty of the people was held'
to be a sacred thing. It struck down habeas
corpus, it denied trial by jury, it prohibited
free discussion, it filled bastiles with prison
ers arrested without warrant and imprisoned
without trial. In a word, it established pre
cedents for the exercise of every right claimed
by despotic governments.”
It has done more; it has overthrown State
governments, and reduced their inhabitants
to a worse state of slavery than exists in any
other part of the globe, by subjecting them
to the dominion of the half savage negro.
•Every man who supports these abolition ene
mies of civil government must blush with
shame as he reads the record of their hellish
deeds. Where fa the lover of civil liberty
whose blood does not boil in his veins as he.
contrasts the government established by our
|irtber8 and handed down to us, with, the sav-
age'tyxanny adopted by the Rump Congress
and sought to be perpetuated Ijy the election
qf Grant, nqi as President, opt as a tool of
the usurpers at Washington. Arouse then,
freemen of America, and hurl this deadly
ebemy of civil liberty from power by your
ballots on the first Tuesday of November.
Lord Shelburne said they gained these rights
by “many years of fighting." If you suffer
your liberty to be usurped by these despfaers
of constitutional rights, remember you be
queath to your children a despotism, with all
its attendant burdens, and it will cost them
“ many years of fighting ” to throw off the
galling yoke. Strike then for liberty.
Fashionble Dressing.—The Philadelphia:
Evening Star. says the rage for foreign styles
and customs will work its own reform, and
the time.willnoina when we shall set the fash-
i forJEurope instead of copying them from
.In Philadelphia it has been a
: 1 1.1 21: ,i - - :
l from those whose sadden rich
es ere expended ip all kinds of extravagance.
“Elegant simplicity” 4s HOW the mode .in
Philadelphia. _ ; • - mi
Two Quaker girls were ironing on the same
table. One asked the other what she, would
take, the right or the left She answered
promptly: “It will be right for me to take the
left, and then it will be left for thee to take
the right.” .a
Why fa a miser’s charity never to be inter
fered with? Because it is nothing to no
body.
When is the wind of most use to a country
engaged in war ? When it blows great guns.
’ - -■ " " —> ———.
What plant fa most fatal to mice! The
caf-ntp.
, > i m . < , *’*, 1
What money brings the most substantial
interest ? "* ' " "
•Beforethe Semite of Georgia, September 12, -
1868, oit the resolution declaring Negroes
ineligible to seats .06 members of the Senate.
The resolution declaring negroes ineligible
to seats as members of the Senate being under
consideration, Mr, LESTER arose and said:
Mr. f resident: The time already consumed
in this debate admonishes me that I should
•not trespass further upon the Senate. But the
importance of the question raised by the reso
lution renders it eminently proper that : every
Senator upon this floor shall publicly declare
the “reasons for the faith that is in him,”
The question under consideration is simply
one of construction. Docs the Constitution of
the State of Georgia, of the United States, or
any other authority or law whatever, convey
the idea that the negro is of right entitled to
hold office in this State ? That is the question.
But the Senator from the 19fo (Mr. Atkins)
insults this body by declaring that the question
we arc to determine is whether "we will declare
the negro eligible to office or violate our sol
emn oaths to support the Constitution. The
Senator conjures up an imaginary feature of
the Constitution, and calls upon us to fall
down and worship the foul creation of bis own
distorted mind.
; I had congratulated the Senate that it had
at last arrived at the consideration of a ques
tion wherein no party issues were involved;
where Democrats and Republicans could join
hands and speak and vote for once, at least, for
the common good of our common country.
But, sir, extremists upon this floor, looking:
perhaps, to some personal benefit to be derived
from the negro power, have attempted to
throw the responsibility of this measure upon
the Democratic party, and thus have sought to
distract the minds of Senators from the true
issue involved in this discussion. I am happy
to say, Mi-. President, that no Democrat lias
sought to bring politics into .this question.
Men calling themselves Republicans have
done it, and I beg leave to say to them that it
comes with bad grace from them to advocate
the doctrine that this is not a white man’s
government. They forget the history of their
party, or else they never knew it. That party
■was the first to advocate the doctrine that
this is a “white man’s government.” ' This;
was the doctrine of the Freesoil party that car
ried Mr. Lincoln into power, aud sustained
him there. This party was the firet to ignore
the black man, and exclude him from the
workshops of the North and the territories of
the Wegt, because lie came in competition
with the white man. The Democrats here do
not go so far as this. They seek to live in'
friendship with the coloredman. They propose
to exclude him from no field of labor. They
are willing to accord to him tE6 right and
means to make an honest living for liimself
and family. They have no enmity to him.
But, sir, for the good of the white race, for
the good of the black race in their midst, for
the preservation of law and order, for the per
petuity of constitutional government and Re
publican institutions, and because the Consti
tution does not confer upon him the right
which his pretended friends claim, the Demo
crats here, the Conservative Republicans here
and law loving men everywhere, are unwill
ing that he, in his present state, shall be al
lowed to make laws for the country.
! What I have said is not for the purpose of
screening the Democratic party from the re
sponsibility of this measure. That party fa
riot afraid to assume the responsibility of any
Constitutional measure. The Constitution fa
its foundation stone. What I have said is in
the interest of troth. The fact is, that men
(if all parties favor this measure, but some are
afraid to say so.
Lahall undertake, Mr. President, to estab
lish” three propositions, which in general
terms. in my opinion, cover the -whole ques
tion involved in the resolution, and before
taking these points it may be proper to say
that, under the new Constitution of the State,
there is no question as to the right of the ne
gro to vote, because that fa expressly given
him. My points are:
! First. The right to exercise political privi
leges (one of which is the right to hold office)
must be expressly delegated to the citizen, other
wise he cannot exercise it.
! Second. The right to hold office in Georgia
is nowhere given the negro.
Third. The right to vote does not proprio
vigors Carry with it the right to hold office.
When Govermerits are framed there is a
Sovereign power existing somewhere. Govern
ments are societies; societies are the creations
of men, and the rights and privileges of men
as members of society depend of course upon
what rights they are permitted to enjoy by the
grace of the society, as the expression of the
collective, not the individual Will, of its mem
bers. In despotic Governments the king fa
the seat of Sovereign power. He dispenses
rights, powers and privileges as the expres
sion of the collective will of the nation. No
jnan there fa permitted to exercise a privilege
Or a right not granted him by the king. As an
illustration of the principle I have asserted, I
have only to refer to a striking incident in the
histoiy -of a Government whose institutions
and laws we have, in a great measure, adopt
ed. I refer to our parent country—Great
Britain. When it was considered well for the
Citizens of the British nation to have an exten
sion of their privileges and immunities, the in
dividual members of that Government did not
assume, because God had made them men,
and the Government liad made them citizens,
that therefore they were entitled’ to exercise
every right and enjoy every privilege which
might pertain to citizenship, nor did they
claim the right to exercise independently of
the Sovereign will more powers, more rights,;
or more privileges than had already been giv
en to'them. But, sir, they appealed to the
Sovereign (who was in that' country the king)
for an express grant to them of the rights and
‘Magna Charta,” the great paper containing
And notwithstanding fop fapt foat this grant
: was obtained by compulsion, Englishmen
base their claim to the provisions-of the Mag-
: na Charta upon the ground toat the grant em
anated from the Sovereign power (the King).
In this country we have no King in whom
1 resides the sovereign power, liut there is a
sovereign power over us. It resides in the
people; but how ? It does not belong to each
individual citizen to say that it is my will to do
thus and so; that I wul exercise such politi- .
cal privileges as I may choose. The sover
eign power is the collective will of the people
: or the .component parts of the Government, as
expressed or agreed on by them. The indi
vidual can cany with him no political right
into the Government, because he cannot be
said to he a political individual until he shall
hqye. become a member of the Government.
When he becomes a member of that Govern
ment, of course he becomes so upon the terms
On which it fa willing to admit' him. These
terms are foemeasure of his political, rights.
There fa no higher law here, because the
highest law that can be imagined in a society
must emanate from the society itself. Any
other idea qroiilcj be iqconsisteqt wifo foe
existence of government.
To further sustain the position I have as
sumed, viz -. That the right to hold office in
this Government must be an expressly delega
ted right, I will make the Congress of the
United States my witness to show that this
has been the theory of this Government.
In organizing, the; territories be
this nation, Congress lias always .
in the organic act who should vote and who
should hold -office. The organic law for Minne-
jptasays": .. ... ■"
.-“Every free white -male inhabitant * above
the age of twenty-one years, Who shall have
been a resident of the said territory at the
time of the passage of this act, shall be entitled
to vote at the first election and shall be eligible
to any office in said territory; but the gnaHfii-
cations of. voters and the right to hold office
at all subsequent elections shall be such as
The organic act for Washington Territory
reads as follows: ' J
i “Every white .m$e inhabitant above !foe
age oftwenty-one years,. who shall have' been'
a resident of-said territory at the time ofthe
. passage of this act, and ^fiSH possess the qtfal-
ifications hereinafter prescribed, shall be enti
tled to note at the first election, and shall be
eligible; to any office within said territory.”
Aha SO on with others I might read. The
white people of the territories, that is, Ameri
cans, were’ citizens. Yet; Congress acting
. upon the principle I have enunciated, did not
consider that mere citizenship gave a man the
right to vote-or hold office, but that these
rights were’to be exercised by express grant,
and, therefore, expressly gave these rights to
the class of persons mentioned in the acts I
have just read.
Negroes were made citizens of the United
States by the act of Congress known as theCivil
Rights Bill, passed over the President's veto
April Oth, 1806, the first section of which reads
as follows:
“Be it enacted by the Senate and House of
Representatives ofllie United States of Amer
ica in Congress assembled, That all persons
bom in the United States, and not subject to
any foreign power, excluding Indians not
taxed, are hereby declared to be citizens of the
United States; and such citizens of every race
and color, without regard to any previous con
dition of slavery or involuntary servitude, ex
cept as a punishment for crime, whereof the
•party shah have been duly convicted, shall
have the same right, in every Stato and
Territory in the United States, to sue, be
parties, and give evidence, to inherit, pur-
chiise, lease, sell, hold and convey real
and personal property, and to full and
equal benefit of all laws and proceedings
for the security of person and property,
as is enjoyed by white citizens, and shall
be subject to like punishment, pains and
pen dries, and to none other, any law, statute,
ordinance, regulation or custom to the con
trary notwithstanding."
On the 2d day of March, 1867, Congress
passed another act, the first of the series of the
reconstructionmeasures, entitled “ An act for
the more efficient government of the Rebel
States." by which conventions ofthe citizens
were authorized to be held for tire purpose of
framing Constitutions preparatory to readmis
sion into the Union. It was provided in this
act that the male citizens of said States, irre
spective of color, should vote for delegates 'to
such Conventions: On the 23d of March of
the same year, another act was passed provi
ding for the registration of voters, &c., and on
the loth of July' following, an additional ex
planatory act upon the same subject. Con
gress'did not seeuii to think that With all the
rights that had been conferred upon the negro
in the scries of acts alluded to (including the
Civil Rights Bill making.him a Citizen), the
negro had the right to hole!office, and in order
that he might he eligible to the office of Regis
trar under these' acts, it was expressly pro
vided in the act ofthe 19th of July, “Tliat no
person sliall be disqualified ns a member of
any board of registration by reason of race or
color.”
Let Congress speak further. Notwithstand
ing the Civil Rights Bill had made the negro
a citizen all over this land, Congress did not
consider that he had the right to vote in the
District of Columbia, over which Congress
has exclusive legislative control, and on the
8th of January, 1-867, passed an act regulating
the elective franchise in the District of Colum
bia, and expressly conferred upon the negro
the right to vote. And subsequently, they
were engaged upon a bill to confer upon him
the Tight to hold office there.
To sustain me further in the theory I have
announced, I will call your attention to the
provisions of the various Suite Constitutions
upon the subject of the political right of voting.
They all use pretty much the same language.
They prescribe and expressly declare that male
citizens of a certain age, having certain quali
fications, shall be electors, &e. These males
dO'-exCrcfae it. These constitutions nowhere
prohibited females from voting. Why then
arc males allowed to exercise this political
privilege and not females. My theory answers
the question. Because the right has been ex
pressly conferred upon males, but it never has
been upon females. .
But-some one may refer me to the 10r>qth
section of our code, wliich declares, that.
“ females are not entitled to the privilege of
the elective franchise, nor can they hold any
civil office,” &c., as the reason why this class
of persons are not allowed to exercise these
privileges. I reply that this declaration of the
Code was not founded in any legislative act
prior to its adoption in 1863. Nor can any
act of the Legislature of Georgia be found
expressly prohibiting females from voting or
holding office. Nor do I believe any such
thing can be found in the other States. Yet
every one knows that they have never exer
cised these rights in this country prior to
1863 nor at any other time. This declaration
of the Code fa only the deduction of the com
piler from the Constitution and the laws as
they stood upon that subject without reference
to any positive law upon it.
In those States, where the negro fa allowed
to vote and also to hold office, you will find
that these rights have been expressly conferred
upon him; aud where they have not, he does
’not exercise them.
In Massachusetts all. inhabitants, with cer
tain qualifications, are electors, and negroes
are allowed-fti h"old office as well as to vote,
but it is bv virtue of a provision in the Consti
tution of that State giving these rights. It fa
in the following words:
‘ “ And to remove all doubts concerning the
meaning of the ward ‘inhabitant ’ in this Con
stitution, every person shall be considered as
an inhabitant, for the purpose of electing and
being elected into any office or place within this
State, in that town, district or plantation
where he dwelleth or hath his home.”
Now, the negro being a person and an
inhabitant, lie was Clearly included within this
provision conferring the right to hold office as
well as to vote.
But let us come nearer home and review
the histoiy of the late Georgia Convention,
which frqufol fbe Constitution under which
we convene tips day. We will find that the
; members of that laxly recognized and acted
I upon the principle for which I am contending.
On the 14th of January, the “ Committee on
Franchise” reported to the Convention ah arti
cle Upon that subject containing ten sections,
which article the Comuiitce recommended to
be adopted as .a part of the proposed Consti
tution. The tenth section of that article was
in the following words :
“ All qualified electors, and none others;
shall be eligible to any office in this State,
unless disqualified by the Constitution of this
State or* "by the Constitution of the United
States.” j See Journal of the Convention, page
50. On-foe 14th of February, the Conven
tion took up the unfinished business of the
previous day, viz: the report of the Com
mittee on Franchise, the tenth section thereof
i being first in order,'the'pending motion being
that of Mr. Harris to strike out the tenth see-
tion altogether. The motion was put* and
prevailed by a vote of 126 yeas to 12 nays; so
the tenth section was stricken out; -and why ?
Because it conferred upon the negro the right
to hold office. Thq secret Ijfatmy efffoat tenth
section has been made public. You have
heard it related upon this flour by Senators
who were members of that Convention. - Thera
. were forty-four men in that Convention who
demanded that that section should not be
come a part of the Constitution, because they
were unwilling for the negro to hold office.
They threatened to Jeavo the Convention
should it be adopted—-to go home and work
for the defeat of the Constitution before the
people. They were reconciled however, by a
compromise. It was agreed, that the negro
should have the right to vote but not the right
to hold office. And for that purpose the sec
tion which gave him the right by f express
words was voted in, but the one (the tenth)
which proposed to confer upon him expressly
the right to hold office,'was voted out These
forty-four men, I beg youth -remember, were
not Demticifitaj The majority were Republi
cans ; and I have the best authority forsa; '
that ex-Govemof ‘ Joseph E. Btowij,
± , then, and'nows I
iiciin, was one of the chief advisers
ribidthfa tenth section been adopted,
question would have been settled, jot th -
gro would, then have an express^
right tohold office. Tt wifa^not adopted for
the very reason .that it conferred, i this right,,
and everybody knows it, and it seems to me
that this should end the controversy.
But it is said that Mr. Waddell, a member
of the Convention, introduced a_ resolution
declaring negroes ineligible to hold office^,
which was voted down. Well, this is true,
but what of it, pray? • It is useless to pass
this resolution for the : purpose it contemplate
ed, (vhen the Convention had already acted
upon it; and had, in its opinion, accomplish
ed the very same endi by different means.
But again: there were many men' in that-
body who, while they did not consider the
negro then capable of hplding.omce, yet were
unwilling'to prohibit him by constitutional
enactment, hilt preferred to leave _the_ Legis
lature' free to confer upon him this right, if,
in the course of lime, he should prove himself
capable of enjoying it
I come now to my second proposition,
which Lhave somewhat anticipated necessari-,
ly in what I have already said.
The bight to hold office in Geobgia is no-
WHEKK GIVEN THE NEGBO.
Does he derive the right from the Constitu
tion of the United States ? The nearest ap
proach to it in that instrumentia to he found
in the XlVlh Article of. Amendment recently
ratified. But upon examination- it will bo-
fouud that the XIVth Article does not even
imply the right of the negro to vote or hold
office. On the contrary, the second section’
of the Article provides that if the right to :
vote fa denied by the States to any male in
habitant, etc.,- the basis, of representation
shall be redneed. That fa all. The States
may not allow him to vote, but if they do not,
they suffer a diminution’of their representa
tion. But if the Constitution of the United
Stales guaranteed the right to vote to the citi
zens; the States could net take it away.
But it may be asked what benefit does the
Constitution of the United States confer upon
the negro? Let the XIVth Article answer for
itself. The first section reads as follows:
“All persons bom or naturalized in the
Uuited States, and subject to the jurisdiction
thereof, ore citizens of the United Staies, and
of the State wherein they reside. . No State
shall make or enforce any law which shall
abridge the privileges or immunities of citi
zens of the United States; nor shall any State
deprive any person of life, liberty or property
without due process of law, nor deny any
person within its jurisdiction the equal pro
tection of its laws.”
We find here the negro fa made a citizen,
and that he is entitled to be protected in the
enjoyment of his privileges and immunities.
Now what rights do the terms privileges and
immunities as used in the Constitution of the
United States convey? These privileges and
immunities are enumerated in the Constitution.
Let a United States Circuit Court answer for
me. Speaking of the term privileges and
immunities, as used iu the Constitution, the
Court says : “This is confined to those priv
ileges and immunities which are fundamental
in their nature, which. belong of right to the
citizens of all free governments, aud which
have at all times been enjoyed by the citizens
of the several: States which compose this
Union, Ac. They may be comprehended un
der the following heads : Protection by the
government; the enjoyment of life and Liber
ty, with the right to acquire and possess pro
perty of every kind, and to pursue and obtain
nappiness and safety, subject, nevertheless,
to such restraints as the government may
prescribe for the general good of the whole ;
the right of any citizen to pass through or
reside in any other State for the purpose of
trade, agriculture, professional pursuits, or
otherwise ; to claim the benefit of the writ of
habeas corpus ; to institute and maintain ac
tions of any kind in the Courts of the State ;
to take, hold and dispose of property, real or
personal, and exemptions from higher taxes
and impositions than are paid by other persons
ofthe States ; to which maybe added the elec
tive franchise ns established and regulated by
the Constitution and laws of the State in
which it fa to be exercised." Barfield vs.
Coryell, 4 W. C. C. R. 380-1.
Now it is clear from this, tliat the right to
vote and to hold office are not comprehended
in the terms privileges and immunities.
But let us go further and presume, for the
Oake of argument, that privileges and immu
nities do give the right to vote and to hold
office. Let us see to what lengths it would
lead us.
The 2d section of article IV of the Con
stitution of the United States fa in these
words:
4 ‘The citizens of- each State shhll be entitled
to all privileges and 1 immunities .of citizens of
fhe several State's. ”
Now if the terms privileges and immunities,
as used in the Constitution of tho United
States, carried with it the right to vote and
the right to hold office in Georgia, the negro
could vole and hold office in the State of Ohio.
Does the Civil Rights Bill confer upon the
negro the right to hold office 1 And before I
proceed further, I ask you to bear in mind
that the Civil Righ{p Bill, the 14th Article,
and the Constitution of the State of Georgia,
are identical in terms as to making the negro
a citizen. I request’tins for the reason that
what I may say upon the Civil Rights Bill, so
far as the question may be concerned, will
apply with equal force to the 14th Article, to
the Constitution of the State.
Now-, sir, the debates in Congress upon the
Civil rights Bill show that it never was
dreamed by the supporters of that bill that it
would confer political rights. Yet that bill
made the negro a citizen as completely as
the 14th article of the Constitution of this
State. I might read for hours from the
speeches of members of Congress to sustain
my position, but I will read an extract from
the speech of Senator Trambnll only, a man
radical enough to suit the taste of any er-
tremest, and whose views reflected the opin
ion of the entire Congress -upon this, ques
tion;. On. page 1757 ..of the Congressional
Globe, part 2d, 1st session, 39th Congress,
I find the following language of Mr. Trum
bull:
“But, sir, the granting of civil rights does
not and never did in this country convey
with it rights, or more properly speaking,
political privileges. A man may be a citizen
in this .country without a right to vote, or
without a right to hold'office. ■’
' Mr. Justice Swayne, Associate Justice of
the Supreme Court of the United'States, de
cided, during the last year, in Eentucky, that
the Civil Rights Bill did not confer political
privileges. This is his language: “The fact
that a man is a citizen determines nothing as to
his political rights.
I come again-to our new. Constitution, and
I find that, in the opinion of its. makers the
2d section of the 1st article of.thafinstm-
ment which declares the negro a citizen and
gives him the right to be protected in his.
“privileges and immnnities,” did not give the
negro the right even to vote: for I find them
further on in the 2d section of the 2d article,
providing expressly that hi shall vote. 'And
they sought in the same article qs I have
shown in the hfatqry ci the oelebmted ioth
section tft cdijfoy upon Mm the right to hold
oflioe, But. that section was stricken .but
because it proposed to jiue him that right.
Now, I ask, why all this, if the Convention
thought that citizenship and protection as to
privileges and immunities carried with them the
right to- vote and to hold officeT •
Again, sir, I call up--the deliberately de
clared : opinion^ of ox-'Govemor Joseph- E.
Brown, now Chief Justice
Court, to sustain the positic
• rteMnaoM * f Re made -a- public
Marietta, a short tune ago, in
clared the negro ineligible tol
*er this, new Constitution.
not read’ aR hjs speech, but ra?t enough to
let you understand big position upon that
queptism j j^yarnkW \eslbisW
i “lam asked whether the new Constitution
gives the freedmenthe right-to hold office. I
reply, in my
goes as far as.I
and nb^itftefe
that
States, ia nj.
it; does not. d :tbink it
I. of Congress have gone,.
’ nQt conferred
colored people • iu the
the Northern States they:
tbrv.ote oftlp hohT'bffice.
es- morw for them than
Northern States do,, as it secures to them
th<| right to vote.”-i:xrciti 'jc s. u..jp.y .. .
: ■ Now it' may be said-that this being only a
po ideal ;Biksech,j.^t : may or nfay not be. the
op nion of Governor" Brown^I. will say that
€hi i speech shows careful deliberation. Every
po litiou is sustained by unqueSuoniible aii-
tIn • ri tv, and . .will bear thejjoverest scrutiny;
an l. iii my opinion, that speech was made, it)
sti nd Os tho standard of the faith of its au-
th >r upon this question. It was made to stand
an 1 it wilt stand.
[t is contended that the negro having been
made a citizen-, the 1648th section of the Code
of Georgia gives him tlie right to hold office
independently of tlio Constitution, because
it (undertakes to enumerate the rights of citi
zens, and in this enumeration mentions “the
right to hold office.” .
o fit is enough to say to this, that if this had
been intended -to apply to all citizens, it
cduld never have been intended to apply to
tlie negro, for the Code was adopted in 1860,
when the negro was not a citizen, and there
fore could not have been contemplated by the
Makers of the Code.
But sir, the enumeration in the code cer
tainly was not meant to be exhaustive of the
rights of citizenship, for there are many rights
wliich they enjoy not mentioned in the cata
logue. Nor on the other haud, could it have
bleu meant that all these rights apply to all
citizens, for there are many white citizens
excluded from the enjoyment of. them, and
nm expressly excluded either. Among them
may be mentioned infants and females.
j But,"sir, if these legislative provisions are
fo be considered conclusive of this matter,
then I have to say that the Legislature of
0eorgia, subsequently to the adoption of the
Cbde, viz; in the year 1866, legislated ex
pressly with reference to the negro upon this
question of rights. See section 166i and
1662, Irwin’s Code. - His rights were defined,
and the right to hold office was not one of
them. This legislation was adopted by the
Convention, and construed, in pari materia
with the 1648th section, whichrepeals it so
fir as it could apply to the negro.
; The bight to vote does not cabbx with it
THE BIGHT TQ HOLD OFFICE,
j These two things have always been treated
as distinct. They have different meanings,
amd are as distinct as the right to sue in the
courts, and the right to sit upon the bench,
j In the State of Tennessee the right to vote
was conferred upon the negro, the .right to
Hold office was not. The Democrats, to make
negro votes, persuaded them that the Radi
cals had swindled them in not conferring
upon them the right to hold office, it being a
part of the Radical programme to keep the
f joils in the hands ofthe while Radicals.—
inding that in order to keep the negro vote,
ljt was necessary to confer the right to hold
iffico on them, the Radicals at the next Legis-
iture passed an act conferring this right,
tut nobody ever asserted that his right to
jote carried with it the right to hold office.
Congress took this view when they passed
file Sliermau-Shellabarger bill. They pro
vided in the 5th section that certain persons
who had participated in rebellion should not
xiote for delegates to the Convention to frame
a Constitution. In the 6th section they ex
pressly provided that the person disqualified
from voting should not be eligible to office.
Why this necessity, if one includes the other?
It may r be said that the right to hold office
is nowhere given expressly in the Constitu
tion to any body, and that, therefore, the ne
gro has as much right to hold office as any
one else. This view might prove that nobody
has a right to hold office, but it does not
prove tho incorrectness of my position. But
foe truth fa, the white man haB exercised this
? 'ght “time whereof the memory of manrun-
eth not to the contrary. ” Upon the princi
ples of the common law we are, therefore,
bound to presume that this right had a be
ginning and an emanation by express gift from
foe Sovereign power at some time, and this
fa foe reason why the white man exercises it
now, although the Constitution may be si-
lgnt, aud this is the reason why the negro
does not and cannot exercise it yet. He has
-*ot exercised it from “time immemorial”
which would imply an express grant at some
. iuc.) It fa the white man's inheritance, his
birthright. It may be the negro’s at some
future time, but it is not to-day.
i SENATORS, my argument fa before you.
You are abont to east an important vote. You
make history this day that will have its influ
ence when the “tears of your children, like
spring rain, shnll fall upon the grass that
covers your graves.” It is important, there
fore, that it be made upon correct principles,
that it may stand the tests of time and of
truth. “The generations of men fall like
leaves of the forest strewn by autumnal winds,
to fertilize the soil from which shall spring
other trees to stand in the sunlight of other
Summers, and to battle with the winds of
other winters.”
You labor for your children and your chil
dren’s children. The courage you display
this day will animate them in time to come.
Looking: back, to the light of your example,
let them be able to say: My father was a mor
al hero; as he battled for me, so will I for my
children and theirs; I will hand down his ex
ample to them. It will encourage their hearts
and strengthen their arms in like struggles
for Constitutional Liberty and Law.
The Coal Trade—Prospect of High Prices
in New York. »
| The coal trade this fall fa much more
active than at any time since the close of foe
iwar, and prices are very firm. The amount
bf coal mined this year has been large, but
the demand for manufacturing purposes at
the East has greatly increased, and rates are
Unexpectedly high. The experience of this
“ear fa directly foe reverse of last year. Then
rices opened in the spring at $7 25 to $7 50,
id declined in the fall to $4 75 to $5.
, This spring prices opened at $5 25 to $5 50,
’and haye advancecfto $5 50 and $5 75, with
'a prospect of higher prices. Railroad freights
aud the increase of miners’ wages has had
inncli to do with the increase, of rates. The
railroad tolls are twenty-five per cent, higher
:than in the'Spring, and there has been a
large advance in coastwise freights. The de
mand of Eastern manufacturers will prevent
;an accumulation of stock before the close of
navigation. As soon os cold weather sets in
it fa probable that rates will be lower along
(the lines of railroad leading from the mines
than at present, and it fa supposed that iu
this city they will not be higher during the
winter than they now are. There will proba
bly be another advance at the auction sale of
(Scranton coal next week:
j The amount of anthracite ooal mined this
year will be about fourteen and a quarter
inillion tons, or an increase of seven or eight
■hundred thousand tons over last year. It
.was expected that the increase wonld be ten
‘per cent, bat it will not reach that amount
The trade is now in a very healthy state, and
lit is not probable that the low prices of last
year will again be reached.—A r . K Post.
‘ » ■*
Humboldt’s Experience of Earthquakes.
Humboldt, who .witnessed, several earth
quakes, said-t^M one never gets used to them,
but, oa the contrary, hfa feelings of dread
are intensified at each successive one which.'
he experiences. All beasts and birds partake
jof man’s fear and seem panic-stricken. Hnm-
boldt accounts for man's inability to become
'.accustomed to, and consequently not to
dread, earthquakes by saying that, whatever
we have at any time or under any circum
stances considered shaky, the earth has
always stood firm, and when we find that,
tossing beneath our feet, it seems: as though
the very bottom of things had been knocked
out Every time foe shock is repeated, foe
(unreliability of our only support fa forced
upon our attention with augmented force.
Other dangers can.be foreseen and provide^
against, but this is inevitable and-remoraelaak.
A Sweet Place.—Since Saturday (says a
Chicago dispatch of October 19th), 'there have
occurred here r two sqjcides, one infanticide,
two drowninge, one mini killed by cars,: half
i a dozen severe but not fatal accidenta, one
highway robbery, and.nine burglaries. H.
L. GoodviSH^'or New-York, iwas one of foe
suicides, and Captain Hngh Doran, an old
Lake sailor, one of foe men drowned.
BLANKETS!
-AT
PEPPER’S,
119 and 121 Congress St.,
Sign of the Golden Sheep.
300 pair fine Freneli Blankets,
ribbon bound, all sizes; very
; cheap. j;
500 pair Colored Blankets,
very low.
50 pieces Shaker and Welsh
Flannels, all widths; very
cheap.
ALSO, ’
Colored and Opera Flannels.
200 pieces Latest Novelties in
Dress Goods.
Cases real Irish Linens—Nap
kins, Doylies and Toweling,
of direct importation, same
prices as before the War.
Ocl9—tf
JAS. J. McGOWAFS
TV E W
DRY GOODS STORE,
Whitaker Street,
Between Broughton and State.
H aving again resumed my former busi
ness (on my own account), I would respectfully
call the attention of my friends and the public gen
erally to my assortment of the following GOODS, viz;
Hosiery,
Dress Groods,
Linens,
Corsets,
Shawls,
Flannels,
Blankets,
Shirtings,
Sheetings,
Hoop Skirts,
ISTotions, «fcc., &>c. •
O- I will Bell AS CHEAP AS ANY HOUSE IN
THIS CITY. The public are invited to examine my
stock before purchasing elsewhere. oc!4—lm
SEND YOUR
JOB PRINTING
TO THU
“ihori\iig wews”
JOB OFFICE,
JS r o. Ill Bay Street.
THE BEST OF WORK,
MODERATE PRICES,
AND
ALL ORDERS PROMPTLY FILLED.
Kid Gloves at $1 a Pair.
Bullion Fringe, all shades,
Knotted Fringe.
Satin Trimmings.
Satin hy the Yard.
Ladies’ Handkerchiefs, large lot.
Hosiery, good English.
\ IX OF THE ABOVE GOODS WUL BE SOLD
A at the LOWEST PBICES, at the TRIMMING
STOKE of
ED. MANES,
NORTH SIDE BROUGHTON STREET, SECOND
oc6 DOOR EAST OF BARNARD.
Oyster Saloon.
J OHN IMMEN,
AT THE STAND ON
Whitaker Street, near Bay,
(FORMERLY MONAHAN’S,)
H AS THE BEST FACILITIES FOR SUPPLYING
OYSTERS, either in the quantity, in shell or
opened, or at hia Saloon, cooked in any style. He
warrants his Oysters to he of the very best quality.
Ales, Wines, Liquors, &c.,
Of the best brands on hand, and a LUNCH every day.
nov9—-ly
| COTTON GINS!
“Yy~E OFFER FOR HAT.E THE CELEBRATED
E. CARTER COTTON GINS.
! These Gins have been, expressly prepared to suit the
wants of the planters of Georgia, Alabama and Florida,
and are adapted to the present labor system. Factors
allowed a commission. For sale by
wep2-2m N. A. HARDEE’S SON A CO.
F«p Sole* ...
’OBESE JUK2E, •
jJL SHEETINGS, *
YARNS, from the Columbus Factory.
! TOBACCO,
GUNNY BAGGING.
SEA ISLAND BAGGING, Tucker, Carter 4
Co.,
BALE ROPE
e28—fan JOHN W.-ANDERSON’ SONS ft CO.
LATHS!• LATHS!
150,000 aale,hy
E. w: DRUMMOND 4 BRO-,
. oc20—tf 13* Bay street. -.
CO-PARTNERSHIP.
RANDALL, BAFFIN & CO.,
WOOD, of Savannah, Ga., and have taken the offl£
formerly occupied by him at No. 90 BAY STREET
0€T. AiBandell k Co., (lateof S. A. T^’rast.-r’i Co.
Providence, B. L ’
P. D. BAFFIN,
Formerly with the late W. T. Wood
H. B. DRESSER.
___ . Of Son & bridge. Mum
Torfc - UeB9rs - foster 4 ran-
PALL, Nu. 19 Will mm street.
REFERENCES:
T Ad. M meTc!.° fi,i r * K “ M ’ “* *
l‘f» iUulelphia. —Messrs. Stokes, Caldwell A Co.
Balfimorer.-—Messrs. Woodward, Baldwin A Co.
Boston.—Matt. Bartlett, Wheelwright, Pippey k Co.
Proridmee.—Butchers and Drovers* Bank;‘Messrs.
B. B. k R. Knight; Benjamin R. Vaughan, Esq.; Thoe.
Hark ness. Esq.
Savannah, October 5,1868. oc6—lm
Cf U A IN O !
PHCENIX GUANO.
From McKean's Island,
SOUTH PACIFIC OCEAN.
PER TON 2,000 POUNDS, CASH:
Price at Savannah $50 00
At Augusta 53 00
W’lIaCOX, GIBBS & CO’S
MANIPULATED GUANO!
A mixture of PHiENIX and No. 1 PERUVIAN
GUANO, and which haa PROVED TO BE THE MOST
SUCCESSFUL MANURE in use.
PER TON 2,000 POUNDS. CASH:
Price at Savannah $63 00
At Augusta 70 00
PURE No. 1 PERUVIAN GUANO,
Now landing, direct from the Peruvian Agent, at
LOWEST MARKET PRICE. Also,
BEST LAND PLASTER
AT MARKET PRICE.
FOR SALE BY
WILCOX, GIBBS & CO.,
IMPORTERS AND DEALERS IN GUANO, AND
COMMISSION MERCHANTS;
ALSO, AGENTS FOR THE WILIAOX k GIBBS
SILENT SEWING MACHINE,
No. 97 Bay street, Savannah, and No. 941
Broad street, Aagnsta, Ga.
05F* Our Agents will sell at same prices, necessary
expenses added. jy9—ly
~GASTRENE!
r OS IS A MEDICINE PREPARED UPON PURELY
scientific principles, by a regular practicing Phy
sician, and WILL CURE
DYSPEPSIA,
HEARTBURN.
HEADACHE,
NAUSEA,
GENERAL DEBILITY,
PALPITATION OF THE HEART,
SEA-SICKNESS.
FLATULENCY,
SLEEPLESS NIGHTS,
And all the unpleasant feelings, the result of indiges
tion.
Do you feel badly after eating ? Are your bandsand
feet sometimes cold ? Do you experience wakefulness?
Is it hard to get a good night’s rest ? Are you nervous,
with palpitation of the heart? Are you sometimes
nauseated? Have you loss of appetite? Do you feel
that you need some kind of a stimulant ?
TRY ONE BOTTLE OF
GASTRINE!
And you will bear testimony with hundreds who have
been benefitted and cured by its use.
AS A MORNING TONIC
THE PREPARATION HAS NO EQUAL.
IT CAN BE TAKEN BY ATX AGES
CONDITIONS.
AND
G^lSTRIDSTE
Can be found at all Drag Stores in the United States.
G. M. HEIDT,
30
WHITAKER STREET;
SAVANNAH, GEORGIA,
WHOLESALE AGENT FOR GEORGIA AND FLORIDA
: sep26—6m
WINCHESTER
REPEATING RIFLES
FIRING TWO SHOTS A SECOND
As a Repeater,
AND TWENTY SHOTS A MINUTE
As a Single Breech-Loader.
FfTHESE POWERFUL, ACCURATE AND WONDEE-
A FULLY EFFECTIVE WEAPONS, carrying IS
charges, which can be fired in nine seconds, are now
ready for the market, and are for sale by all th» re
sponsible Gun Dealers throughout the country. For
full information send for circulars and pamphlets to th?
WINCHESTER REPEATING ARMS CO,.
aep!8—TW3m New Haven, Conn.
REMOVAL.
M. FERST Co.
WHOLESALE riF.AT.TTKH Ef
Groceries, Wines,
Liquors, Tobacco, Ac.,
H ave removed from gibbons’ building,
in Congress street, to
Southwest Corner of Whitaker and Bay
Streets,
Where they will keep constantly on hand a large and
well selected stock of all articles in their line of busi
ness, which they will sell upon terms as reasonable as
can be obtained in any Southern market.
They are also agents for TAYLOR A SONS’ AL
BANY ALE.
They will be pleased to see their old customers and
friends at their new stand, and respectfully invite pur
chasers to examine their stock.
sep23—tf 1L FERST A CO.
WOOD, WOOD.
fTlHE SUBSCRIBERS HAVING OPENED A WOOD
1 YARD are now prepared to furnish their friends
and the public generally with
OAK, ASH,
Pine and Lightwood,
SAWED OR UNSAWED, at the lowest market price.
ORDER BOXES will be found Robt. McIntyre A Co’s,
at R. H. Tatem’s, corner Jefferson and McDonough
streets; Dr. T. M. Turner's, Corner Broughton and
Barnard streets; Dr. Hardee’s, on Broughton attest,
and A. McNulty’s, 89 Baystreet- Yard foot of Eiver
street, on the canal.
octl-3m J. K. MUNNERLYN k CO.
Architectural Department
NOVELTI QtON WORKS,
77 amd 83 Liberty St., cor. Broadway,
NEW YORK.
M anufactures plain and ornamental
Iron Work for Buildings; Complete Fire-Proof
Structures, Columns, Lintels, Floors,. Booth, Ctsizgs,
Shutters, Vaults, Safes, etc., of Cast or Wrought Iroa-
Also, Iron Bridges, Iron Piers, etc.
HY. J. DAVISON,
WM. M- AYRES.
J. HLCTELMAN,
»ug8-3pt Agents.
Southern Bag Manufacturer
M. P. BEAUFORT,
-Exchange Wharf,
M anufacturer of.suils, tents, atswm
BAGS, CAB COVERS, HOSE, DRAY COVER*
FLAGS, etc., and SALT, FLOUB «nd GRAIN SACKS
jaHUjBUICU neatly stamped. TARPAULINS
for sale or hire. »epl9—3m
SOAP ! SOAP!
£0 BOXES SOAP FOB SALE BY
••IS— WILLIAMS, WARD * McUTHBfi