Savannah morning news. (Savannah, Ga.) 1868-1887, October 27, 1868, Image 4

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'TnsxHrf mah; ' r 'X ni YAvKi m . mun V toms r. jbisr AGENTS* The following named persona are authorized to act as agents to receive subsoriptionshnd advertisements for the The Mousing News: CITY.—W»r. Estijx, Jr., Ball street, corner Bay Lane. , • r MACON.—Havens k Bbown, News Dealers. BA INBItIDGE.—Theodore R. Wabdkll. THOMASVILLE.—J. R. 8. Davis. DUBLIN, GA.—J! J. Keen. DARIEN. GA.—D. W. Davis. LAWTON—Jasces Russell. . : ‘ HOMERSVILLE.—James Russell. BLACKS HEAR, GA.—Jab. L. Moseley. STOCKTON, GA.—George 8. Herbert. VALDOSTA, GA.—P. C- Pendleton. , MILLEDGEVTLLE, GA.—W. A. Quillian. AMERICUS, GA—M. B. Council. HILTON HEAD, S. C.—W. H. Calvert. GAINESVILLE, FLA.—Db. Porter. MONTICELLO, FLA.—Taoe. Simmons. FLEMINGTON, FLA—H. A St an WOOD. MADISON, FLA—J. W. Jones. QUINCY, FLA—Thomas J. Shepard. LAKE CITY. FLA—M. L. * Moore. JACKSONVILLE. FLA.—E. H. Reid. FERNANDINA FLA—F. C. Suhreb. FORSYTH, GA—A H. Sneed. HOUSTON, FLA—Angus McAulat. St. AUGUSTINE, FLA—Paul Abnau. NEW YORK.—S. M. Pettingill & Co., 37 Park Row; Joy, Coe A Co., No. 1 8pruce street; C. H. Phelps k Co., New York Herald Building; Geo. A F. North, 19 Broad street, and J. Hooker 6l Co. BALTIMORE, MD.-C. C. Holtzman, “ Gazette” Office. BOSTO^f—SL M. Pettingill k Co., State street, George P. Rowell A Co., 23 Congress street, A. F. Lincoln A Co., No. 89 Court street; S. B. Niles. PHILADELPHIA—Joy, Coe A Co.. 144 South Sixth street. CINCINNATI—S. H. Parvin, 176 Pine street; Cook, Coburn A Mack, 136 Pine street. CHICAGO—Cook, Coburn A Co, 87 Dearborn street. NEW ORLEANS, LA.—E. C. Wharton A Co., 88 Common street. R. L. GENTRY is the General Traveling Agent of The Morning News, to receive subscriptions and ad vertisements. POSTMASTERS everywhere are authorized to re ceive advertisements and subscriptions at our regular rates. [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