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Club Union.
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*3-All flnbBcrlptlnnn must bo paid invariably In nd-
vnm'o. No discrimination In favor of anybody,
/ri'Tbii Paper will bo stoppod, In all Instances, nt the
tlmo paid for, union* subscription* aro previously ronowed.
am Add roan «U ordora to
.TONKB k WILLINGHAM.
Attorneys.
W. O. TUCIOLE,
ATTORNEY AT
LAW ,
Ln fJrmige,
,. ..WrongIn.
ALII RUT II. (OX
ATTORNEY AT
I_i A W ,
LsGr'sngfl,
.,.. Georgia.
HrilLL practice In all tho Courts
W Circuits.
of the Tallapoosa
maWmlP
OTIS JONES,
ATTORN13Y AT I*AW,
Greenville, Georgia,
W ILL practice In all tho Con Ha of Ibo Tallapoosa Clr-
••nit and Hu* adjoining oouutlea of the Obatt'ihoochoo
and Flint Circuit*. April Q-:htt
». K. TCHU.K. C. W. MAnnY,
TOOLS MAURY,
ATTOUNKYS AT LAW.
LaGrmtgc, Georgia,
W ILL practice In tbo Rnpcrlor Courts of tho nnimtini
of Tronp, Hoard, Carroll, Coweta, Meriwether* atid
Harrla. Alan, in tbo Rnpromo Court of Georgia, and in
tho United States District Court at Atlanta.
to)- OFI’TCH—East Hide of tiio Public H.pmre. oeHO-tl
n. o. rr.nnRT.L, I n. j. hawmohp, I u. w. iummond,
LaOrange, Oa. | Atlanta, Gn. | LaGfango, Oa.
FEHRELL, HAMMOND «fc URO.,
ATTORNEYS AT LAW,
La Grange, Georgia,
ILL praotl
od to th
caroful nttontion. . .„
N. ,T. II\MMOND atill remain* a member of the Arm c
A. W. Hammond k Hon, of Atlauta, except i
county.
Jort-tf
Dentistry,
V - B* B. ALFRED,
BUHOEON DENTIST,
La Grange, Georgia.
• Bth. lflOO.
J. T. DOIIIIINS,
SURGEON DENTIST,
H AVI NO located nt LaOvangc. respectfully
tender* lit* professional Horvieoa to the citizen*
of the place and surrounding country. All
at hi* offlcoHbaU bo no tlv and substantially
•ul warranted to give satisfaction, at reasonable
work done
executed i
charge*.
o apply to (’ol. Hugh Dm
it. nr. cMlhoun, l)r. Wellborn. No
>y and Dr. Wlinblsb. Ladrange. 0
i’.e up stair* over Pullon k Cox’s ol
r of Public Square.
Medical.
H
Dr*. LITTLE «& I1APOH,
A VINO associated in the practice of Medicine in lb
varioi
brnnebei
to the citizens of Lad i
During the day they can '
Brad field k Pitman, and at
deuce*. Dr. Dungh may be
occupied by l>r. J. A. bmg.
t the
■osid'M
lately
■T.
with bin
. I860.
~ MKDK’A L NOTICE !
T\lt. R. A. T. RIDLEY. having associated
I / hi* non. Dr. CM \ULEH 11. RIDLEY. a
ate of the New Orleans Reboot of Medicine, would offer
their nervier* in the various br.mc.hcs of the Medical 1 ro-
fenHlon, to the citizens of LaUrange and surrounding
country.
A residence of thirty years in LaOrange, and an extern
sive practice during that time, by the senior member of
the Arm. is a sumeinnt guarantee to the people that nil
casCk, either from the town or country, will be promptly
and faithfully attended to.
it^rOlbiM one door N nib of Pullei
nud three doors South of the Post ol!
i old standj
VOLUME XXV
LAGRANGE, GA., FRIDAY MORNING, JULY 2, 1869.
NUMBER 27. Ms
i lmv-
Miscellaneous.
Tho case of Richard W. White, jildltitifr in
error, against tho Stuto of Gcorgiu on vo
lution of Wni. J. ClemBnts, defendant it* error,
comoH bcfoi’o thin conrt on thu following state of
facts!
Win. J. Clcnloiltrt apnliod to tho Judge of .tho
Superior Court of Chatham county, Alleging that
nt un election which hud been hold in ilmt comi
ty for u Clerk of Iho Superior Court ho anflfj
Richard W. White Worn tho solo candidates. —
TliAt Richard W. White lmd got a majority of tho
Voted, hut that he. Clements, lmd also got ft good
ninny voton, and that no other porno Its wore run
ning. The petition further Htated that Richard
W. White had been declared elected, and lmd
been eoiutninsioned, and wna in the actual pnr-j
formancv 'of tho dutioH of the office, and that*
Richard W. White war a person of color, having
fncan blood in bin veil
That, therefore, under the laws of Georgia, ho
was ineligible to office, and further, hat under
the lawH of Georgia hr White, tho persor
ing the mnjority of votes, was ineligible
Clements, having roceived the next highest
her of votes, was entitled to the position. Ho|
prayed tho Court tor leave to tile an information
for a quo warranto. To that petition, of White
was notified, he (White) filed a demurrer. Sub
sequently, however, ho withdrew tho demurrer
to that petition, end tho information isauod in
tho name of the State ot Georgia. Tho Court
passed an order directing the Solicitor General
for that Circuit to make out an information in
the name of tho State, reciting in effect the facts
which had been recited in Clement petition, and
calling upon White to show cause why u manda
mus absolute should not issue against him, de
priving him of the office and putting Clements
in. White, at the proper time, fixed by tho in
formation tor answering, filed a demurrer to the
information, and at the same time filed an an-
denving that he was a person of color, or that
he lmd one-eighth or more of African blood in
liis veins.
On tins the Court summoned a jury for the
purpose of trying the issue. When the jury
had been sworn, the defendant below—the plain
tiff here called up his demurrer to the informa
tion. It, is stated in the record that the plaintiff
in the information made no objection in taking
up the demurrer at that time, but consented;
and the court heard the motion as an indepen
dent motion before tho case was submitted to
the jury. The court (Handed that in tho argu
ment upon the motion -that demurrer- Clem
ents, the movant in the general proceeding was
entitled to open and conclude tho argument
-that the matter being before the jury the
general rule which gives to the party moving a
demurrer the right to open and conclude did
not apply.
The court hoard the argument on the demur
rer and overruled the demurrer. Tim case then
went to tho jury on the issue of fact whether or
not Whiito had one-eighth or more of African
blood in his veins. On the trial there were va
rious questions made as to the testimony* One
witness testified that tho defendant, White, was
reputed in the neighborhood to be a colored per
son. Ano her wilne s testified that he (the wit
ness, was a registrar of voters; and that when
White registered ho, the registrar, had affixed
opposite White’s name tho letter “C.,” to de
note that lie. was a person of color; that ho sul
sequently posted the lists in a public place, an
that they had remained there two or three weeks
without any application having been made to
m ide to him to have that letter “C” erased or
changed. It did not appear, howevever that
there wos any notice to White that this letter
“C ’ had been placed opposite to his name, nor
did it appear that it was the law or the practl
that f he had upp
they would have co .
that it was the part or tho duty of tho ofii
by swearing fealty to tho Confederacy and repu
diating tho government of the Union.
The people of tho State were, in the language
of the President, without civil government of
any kind—In anarchy. The State, us a State of
the Federal Union, still existed, bill} 'without
any frame of civil government - *' e ‘
straining and directing tho oxcrcW'OI its func
tions. From that time until tho present State
Government went into operation the govern
ment of tho Stale was, with more or less cotn-
dotenesH, in the hands of the military authori
ses of tho United States, and tho entiro anoient
civil polity of the State was totally ignored.—
Directly in tho teeth of the old Constitution the
jbeople of color wore recognised us freemen,
and ns entitled to equal, legal, ami political
rights with tho whites. Tho Convention of 1867
met under tho laws of the United Stales, and
Was elected and composed iu total disregard ot
'All tho provisions and presumptions, qualifica
tions, disqualifications, and distinctions of th6
pld organization
1:
NOTICE THIS!
Cutting anti Work DonrPra
*• Term* CASH! JVb Work delim
XV. C. HEWITT,
Virginia.
- u
GILBERT RUtHEH.
E. W. HEWITT,
Virginia.
GLOBE iXcVi’lijL,
WITTS
AUGUSTA, OA.
IRE THREE DOLLARS PER DAY
y-
Tho Host in
1TED STATES HOTEL,
Atlanta, Georgia.
AHSEE.V it MANN, Proprietors.
[ MIL BRYSON AND ISAAC N. SCOTT, Clerks.
FRANCIS A. FROST,
j DANKKll,
(Office Utfci.lo Square, next door to AVisc k Donglkss,)
Inigc, *. .Georgia.
G OLl ad RILVJ5H bought and soldi Atlanta. New
Yorlait Philadelphia EXCHANGE always on hand
Et A^Hpnrtattontion given to Collections. oet80-tf
NOTlj TO COTTON PLANTERS!
/ GEORGE KIDD,
C T U It E It OF
IMPRfYED COTTON
ospoetfally annoutv
TirOULD
\V tho j blic
hi* old bust'
Orange, an
iu hi* Hne,
May21-4iu>
i to his old friends, and
hn i* still engaged in
of MAKING COTTON GINS,
ihvould be pleas(!(l to
'enerally, the
JjaGraufiiit; Goorffla.
(f. E. SOLOMON,
WHOLESALvGROCER & COMMISSION MERCHANT,
IMI’ORTEIt OP
Brandies, Ylnos, Jamaioa Rum, Holland Gin, <^o.,
( WHOLESALE DEALER IN
IC LIQUORS AND CIGARS,
205 Bay Street,
|nh, Georgia.
Miu.miu u, „..uu »..r,w. w. , -o « The blnclc people participated in its eloction,
one-eighth or more of African blood in his vciiiH." composition, on cqunl terms,, in tlico-
’ ‘‘ ^ l^atleust, with tho white, and nothing can, to
my miud. bo plainer than that by tho whole Hits
my then acted upop, thc> wore recognized iih
imuapng nn Integral part of tho stfvoroign peo-
then asHemblcd in convention to form for
their common benefit a constitution and triune
of civil government. _
' Bach being the facts Of tho case, it appears
that this (icJUft, deriving its whole author-
•om the constitution then framed, and
> io support it, is, from tho very nature of
the case, absolutely prohibited from recognizing
as then or now in force, either the Constitution
of 1806 or 1805, or any of the legal or political
disabilities or distinctions among tho people,
dependent upon them of either of them.
The convention met under the laws of tho
United States, to form a constitution for a peo
ple without civil government.
It lmd nothing to repeal, nothing to modify,
nothing to grant. None of tho old Constitu
tions of the State, were at the time in operation
—the Convention met under entirely new ideas
and now presumptions. It represented a new
people—a people among whom slavery had
ceased, and among whom black people as well
ns white were recognized us lonniug part ot the
political society, and entitled to equal partici
pation in its rights, privileges and immunities.
It is not necessary, for the purpose of this ar
gument; that this theory shall bo proven to have
been a legal one under the Constitution of (lie
United States. It is sufficient to state, that it
is true on a fact, and that the present State Gov
ernment is based upon it.
If, wlu'n the' Convention met in December,
1807, the ancient Constitution of tho State, or
any ol its legal or political disabilities or dis
qualifying distinctions upon persons of color
were ol* f'< >rce, then the Convention was itself
illegal, the » resent State Government is illegal,
this court is illegal? His Honor, the Chief Jus
tice, has his proper place iu tho Executive
Chair, my respected associates and myself are
private citizens, the plaintiff in error is a slave,
and the whole political history of the State since
the imprisonment of Gov. Brown in June, 1805,
a gigantic illegality.
I inn aware that a very large class of our most
intelligent people so, at this moment, believe:
to them this argument is not directed: but it
seems to me, that to a Judge holding liis office
under the present State government, formin r
an essential part of its machinery, these views
must he of overwhelming force. If he assumes
the power to decide nt all, he must, it seems to
me, base his judgment upon principles which
do not, if adopted in his own case, utterly sub
vert bis own authority.
I make these remark)
once to the integrity
men of my assoi
, things in different
| tnous as it is uncharitable, for one
irrected it ; in other words, I up lliH ( . un viotions as the necessary guide of the
■t (a* the duty of the officer at j conscience of another. These are my convie-
all to make that entry. At least it has not been j tions, and. as a matter of course, I must act upon
so made to appear t»/» us. j tiietn, and accordingly, under the rules pre-
This evidence was objected to by the d« !• use, H( . r ii, e( iby the Statute, I announce, as the gen-
hut admitted by the court. The court also ad- eril j principles controlling my judgment in this
initted as evidence tho statement by a physician, the following:
au examining physician of an iiiMirance conquv- jj v t b 0 whole, court. i f f t i.: s
nv. that a previous time he had examined W bite yIyhL Tho statement of a registrar of voters **"}. " , ‘ ( ,
and pronounc'd him a mulatto. There was no . ^at hrfffiftd marked ft registered persons name 1
testimony by the physician of wlmt his opinion . a ««c,” to denote that lie was colored, and
was at the time ol the trial. The testimony was j )B< | posted his lists for some time in a public
that at some previous time lie had examined pj ace , , mt i that no application had been made to
have tho said “C” erased, is no evidence that
th(i person is a colored person, it not being
shown that the person knew of the entry, and
that it was tho subject of correction.
Second. Although a copy of a paper proven
to be beyond the jurisdiction of the court is
good secondary evidence of its contents, yet it
must be shown that the person knew of the
entry, and that It was the subject of correction,
Third. Ah application for a life insurance,
though signed by the applicant, upon the back of
which was an entry by the examining physician
that tho applicant was a mulatto, is no evidence,
unless it be proven that the person signed tho
paper after the entry on it was made by the phy
sician and with knowledge of the entry and with
intent to adopt it, or that he used tho paper
after the eptry was made with a knowledge that
such entry was there.
Fourth. The statement by an examining phy
sician, that he had at a certain time examined a
person and had then been of the opinion that
the person was a mulatto, is not evidence. It
the physiciiiii is an expert he must give liis pres
ent opinion, and if not, he must state tho facts
upon which he bases his opinion. Whether or
not one is a person of color, that ir, has African
blood in his veins, is matter of opinion, and a
witness may give his opinion if ho states the
facts upon which it is based. But whether tho
fact that he -has one-eighth or more of such
bl 'od be matter of opiuiou or not—Query ?
Fifth. One who testifies that he has studied
the science of ethnology may give liis opinion
as an expert on the question of race. Its weight
is for the jury.
Pedigree^ relationship and race may be proven
by evidence of reputation among those who
know the person whoso pedigree or raco is iu
question. ‘“V/"
The wholes court agree upon thoso proposi
tions. • r
Tho majority of the court agree upon tins
proposition. Where a-quo warranto was issued
charging .that ft person holding office was ineli
gible, when chosen, because of liis having in his
veins one-eighth or more of African blood, and
there was a demurter to tho information as well
as an ftuswefvdenying the fact, upon which di
Revised Code, it is expressly declared that,
among the rights of citizens is the right to hold
office, and that all citizens are entitled to exor-
cisc all their rights as such, unless expressly
prohibited by law; and i»h tlie Constitution of
1808 expressly adopts said Code as the law of
tho State, when that Constitution uses tho word
“citizen," it uses it in tho souse put upon it by
tho express definition of the Code it adopted.
0. Article Ast and section 2d of tho Constitu
tion, 1808, expressly declares that all persons
born in tho United Btates, or naturalized therein
resident in this State, are citizens ul this State,
and as the code adopted by tho convention, in
express terms declares that among the rights of
citizens is tho right to hold office, a colored per
son born in tho United Slates, and resident in
this State, is by that section of the Constitution
guaranteed eligibility to office, except when oth
erwise prohibited.
7. Nor would tho repeal of those sections of
tho code, or their alteration, deprive a colored
person of tho right thus guaranteed. Since it
is a settled rule that it is not in the power of tho
Legislature to divest a right or change a consti
tutional guarantee by altering the legal meaning
of the word by which that guarantee was made.
8. Tho right to vote involves the right to he
voted for, unless otherwise expressly provided,
since it is not to he presumed without an ex
press enactment that the principal is ol less dig
nity or rights than the agent.
0. There being nt the Constitution of 1KG8 va
rious special qualifications of electors tor partic
ular offices, and four separate sections detailing
disqualifications'for nmfofSivo, and a black skm
not being mentioned as one of these disqualifi
cations, under the rule that the expression, Ac.,
of ono thing is tho exclusion of others, persons
of color; electors, are not disqualified from
holding office.
10. There never has been in this State, at any
period of its history, any denial in terms of the
right to vote, or to hold office, to colored persons
as such. By the old litw, they were either slaves
or free persons of color, and these rights were
denied them by declaring that they were not
and could not be citizens of the State, and when
Article 1st, Section 2d of the Constitution of
1808 recognized them as citizens, tho right to
vote and to hold office, except as otherwise pro
vided by tho Constitution, was, ex* ii termini,
also guaranteed to them.
11. Ineligibility to office involves not only the
denial to tho person claiming the place fclic right
to be chosen, but, what is of fiir greater moment,
the right of tho selecting power to choose; and
to make out a case of ineligibility there must he
such a state of affairs as established not only
the want of power to bo chosen, but a denial of
power in the selecting party to choose.
12. The people of a State, in their collective
capacity, have every right a political society can
have, except such as they have conferred upon
tho United States, or on some department of tho
State Government, or have expressly denied to
themselves by their Constitution; and as the
right to select a public officer is a political ripht,
tlm people of that branch of the Government
clothed by the Constitution with the* power to
choose may select whomsoever it will, unless
the right to choose a particular person, or class
of persons, is expressly taken away by the Con
stitution.
OPINION OP CHIEF JUSTICE DROWN.
Tho view which I take of the rights of the
parties litigant in this case, under the Code of
Georgia renders it unnecessary for mo to enter
into an investigation of the question; whether the
Fourteenth Amendment of the Constitution °f
the United States or the Second Section of the
First Article of the Constitution of Georgia,
which in substance is identical with the 14th
gift has gone as far as the fourteenth .amend
ment has gone, but no turtle r. An authorita
tive construction of tho fourteenth amendment
by the Supreme Court of the United States upon
this point, would he equally binding as a con
struction of tho Constitution of tho State of
Georgia, which is in the same words.
Georgia has complied fully with the terms
dictated by Con gross in the formation of her
Constitution. She has stopped nothing short,
and gone nothing beyond. The high st judicial
tribunal of tho Union will no d ml t finally
settle the meaning of the terms “privileges and
immunities” of the citizen, which legislation
cannot abridge; and tho people of Georgia, as
well as those of all the other States, must con
form to, and in good faith abide by and carry
out the decision. All tho rights of all the citi
zens of every State, which are included in the
phrase ‘’privileges and immunities" aro pro
tected against legislative abridgement Uv the
fundamental law o the Union. Those not so
embraced, unleffs included within some other
constitutional guaranty aie subject to legislative
action. The same rights which the fourt
the rights of oUltens aro the enjoyment of per
sonal security, of personal liberty, private prop
erty and thu disposition thereof; the elccti'O
franchise, ‘.lie r'ujht to hold office, to appeal to thu
courts, to testify as a witness, to perform any
civil function, and to keep and bear arms All
citizens aro entitled to exorcise all these rights,
mi such, unless specially prohibited bylaw." —
Sections 1017, 1018, lGiO, 1650, 1051, 1052, 1053,
of the Code.
It will be remembered that at the time of the
adoption of the Code, in 1803, tho defendant
was not u citizen of this Shde. and wan not recog
nized by the. Code as a citizen thereof. By the
1016th section, the status of the defendant iH de
fined to be that of a person of color, and not that
of
citizci
the Constitution of the United j tiou 10G1.
States confers upon, und guarantees to, a color- It is true that
ed citizen of Ohio, are conferred upon and the dciendnnl 1
guaranteed to every colored citizen of Georgia, the Ictjnl rignts <
by the same amendment, made iu conformity to 1 Code were conic
(he reconstruction acts ot Congress. | only, who are d
Whatever may or may not be tho privileges ] Code nn citizens >
and immunities guaranteed to the colored race, j tion. When th
by the Constitution ol‘ tho United Slates, and of ( the right of a c»
this Slate; it cannot be questioned that both confined to that
Constitutions make them citizuus. .And 1 think i ni/.cd and deoln
it very clear that tne Code of Georgia upon j S'ntr, and not t«.
which alone I base this opinion, which is bind- j might thereof!*
ing upon all nur inhabitants while of f
fern upon all her citizens the right to
fire, unless they are prohibited by some pro
ion found in the Code itself. I find no s
prohibition iu the Code, affecting the righti
this respondent. I am, therefore, of the o
ion that the judgment of the conrt below is
roneous, and I concur in tho judgment of
vised Code adopted by the Constitution
of 1868, includes the act of i860, which declares
tlmt “All negroes, nmluttoes, mistizoes und
their descendants, having one-eighth of negro
or African blood in tliei veins, shall be known
in this Slate as persons of c.o'nr," and’ especially
defines tln ir legal lights, but Vie ji,Ut to tell
office is not one of them. Rovif&d Code—Sec-
on!
the adoption of the Code
on made a citizen, but all
red upon citizens by the
•d upon that class of persons
ared und recognized by the
the Stale at the time of its adop-
odo de< lares that it shall be
■n io hold rrfjtce, such right is
ass of persons who are reoog-
d therein to be citizens of the
ny other class of j
So whe
i tho
hold
n- Ci
of- exercise
is- ed by la
t.*h onl;/, wh
of ■ State at that Hi
I the Slab
ntitled to
jilts as such, unless prohibit-
plicable to that class of persons
dared to be citizens' of the
nidnot to any other class of
might thereafter be made citizens ol
•h as Chinese, Africans, or persons
le truth is that the public will of
never been expressed by any legis-
icnt iu favor of the right of colored
citizens to hold office iu this State since they be
came citizens thereof.
Although these several classes nf porsonR
might be made citizens of the State with the
privileges und immunities of citizens, still they
e mid not lu/alh/ hold office under the authority
of the State until that right shall be conferred on
them by some public law of the State, subsequent
to the time at which they became citizens, so as
to include them iu its provisions.’ The public
will of the Stat *, as to the leyal right of that
class of her citizens to hold office, has never
been affirmatively expressed: but on 1 lie contrary
when the prop id Jon wusdistinc Iv made in tho
Convention which formed the pres -nt Constitu
tion, to confi r the right upon colored citizens to
hich shall j hold office in this State, it was voted down by a
or immunities of citizens j large majority. (Sec Journal of Convention, p.
312.) So litr as there has been any exp
DISSENTING OPINION OF JUDGE HIRAM WARNER.
Warner, J., Dissenting.—The defendant is a
person of color, having, as the record states, one
eighth of negro or African blood in his veins,
wiio claims to ho lawfully entitled to hold and i
exercise the duties of the office of Clerk of the
Superior Court of Chatham comity, and the j
question presented for our consideration and ,
judgment ir, whether a person of color, of the J
description mentioned iu the record, is h'j dhj I
entitled to hold office in this State, under the i
Constitution and laws thereof?
The Fourteenth amendment to the Constitu- :
sion of the United States declares that “All per- |
sons born or naturalized iu the United States, ]
and the State wherein they reside. No Slut
shall make or enforce any law
abridge the privile
of the United Stai
The Constitution of this State declares that ; of the publi
State declares tlmt “ All persons born or natu- right of tlmt
ralized iu the United States, and ros.dent of this i citizens, and
State are hereby declared citizens of this State,
and no laws shall be made or enforced which
shall abridge tho privileges or immunities of
citizens of tua United States, or of this State.
From the time of the adoption of the Four
teenth Amendment, and the adoption and ratifi-
BUY GOOD 0000%,
Roxtsoi
J. M. BEALL A BON,
Dry Goods Merchants.
will of the State
of citis
< to the lejal
since they became such to hold
lfleo in this State, it is ayainst that right now
laimed by the defendant.
The unsurmountable obstacle in the way of
he defendant claiming a legal right to hold office
n this State under the provisions of the Code,
!.*«.*- . is the fact that he was not a citizen of the State
ution of the Constitution of this State in 1868, | at the time of Us adoption. Tho class of Persons
the defendant became, (notwithstanding his col- ; to which he belongs were not recognized by it as
or or African blood,) a citizen of the United | citizens, and therefore he is not included in any
States, and of this St.de, and is entitled to have j of its provisions which confer the right tc hold
all the privileges or immunities of a citizen. j office upon the class of citizens specified in the
Does the fact that the dclendant was made a ! Code. Th Code makes no provision whatever
citizen of the State with all privileges or iiiimu- for colored citizens to hold office in this State; all
the,
onfc
him the
previous time ho had examined
him and was at that previous time of tho opin
ion that he was a mullatto.
. In the further progress of the trial they pro
posed to int roduce a copy of an application for a
Life Insurance on the life of White in favor of
his wife, which implication purported to he sign
ed by White. The application does not seem to
have had a word in it as to whether White was a
white man or a black man, it .gave no indication
as to liis color, but on the back of it the
ap entry by a person who purported
Suva m
April noth,
169.—tf
ATiANTA MARBLS W ORKI
WK. GRAY, Prop’r, 8. D. OATMASf, Ag’t,
DEALERS IN
Amercim and 'Foreign IVIivvblo,
MONUMENTS, TOMBS, VAULTS, HEADSTONES, TABLETS,
Mantles, Statuary, Urns ami Vases,
A ND all descriptions of FINISHED MAH RLE OF THE
BEST WORKMANSHIP AND LOWEST PRICES.
to»- DESIGNS FURNISHED, for thoso purohasiug of us,
free nf charge!
irS-MODELlNG, ia clay or plaster,
ml other ornamental
m All order* faithfully oxocutod n
\
aa~ .... ...in.........uixi.j prampt'o flllul.
/KS-OFt-IOli AND yABD-rOlU>oslteOootgla 11. K. IVlint,
AtlautA, Oa. lllUII ~ tl
CLAGHOIIN, HEKHIHG Hi CO.,
COTTON COMMISSION MERCHANTS,
No. 7 Warrou Block,
Augusta,.. Georgia;
Cornor Veuduo Iiango and Accommodation Wharf,
Charleston, South Carolina;
120 Chestnut Street,
Philadelphia,. Pennsylvania.
T IBER AL CASH ADVANCES mado at all times on con-
j nignment* of COTTON.
j«r JOSEPH 8.JMCAN, of LaGramre, Georgia, is our
l nnnt and will Rive prompt nttontion to thipme.nf* and ad-
be an
ining physician, that White was a mulatto.
The witness swore at first that he thought White
signed the paper, hut-swore afterwards that lie
didn’t know whether \\ bite lmd signed it or
whether his wife had signed it for him. Objec
tion was made to this paper on three grounds;
one, that it was a copv-paper, though it was
proven that the original was in New York: the
other that there was no proof that the original
had been executed; and third that iu any event
the papo amounted to nothing.
Another witness, also a physician, swore that
he was a practicing physical!, and that he had
studied tho science of ethnology; that that scidnce
taught men the rules by which the race of a
man was ascertained, and this witness pave Ins
opinion upon the point. The Court admitted
his opinion, th t White was a person of color,
as being the opinion of an expert. The case
went to the jury on this testimony. There were
some objections to the charge of tho Court which
we however have not noticed, because wo didn t
think the point very material. The jury found
for tho plaintiff in the information,. Thereupon
the Court passed judgment, deposing White
from his position as Clerk of tho Superior Court,
and declaring that Clements was entitled to hold
that office.
ff’his case has been argued before us with a
great deal of learning and ability.
This court has agreed upon the judgment which
it will deliver in this case, but not uponthe reason
which this judgment ia founded. The court all
agree that the judgment in tho court below
ought to he reversed; this court being unani
mously' of opinion that the Court below erred
in various of its ruliugs on tbo trial and on the
question of the argument on the demurrer.
A majority of the court, tbo Chief Justice and
myself, agree in tbo judgment that the court be
low erred in overruling the demurrer, it being
our opinion that under the Code of Georgia a
person of color is eligible to office ill Georgia.
My brother Brown, however, and myself do not
exactly agree upon the grounds upon which we
buffo that judgment. The statutes ol the State
of Georgia require that the ccfurYshall agree in
the decision, which it makes -the principle upon
which it puts the case which it decides, and as
ray brother Warner—whilst he argues the gen
eral judgment—puts his opinion upon one set
of grounds, and my brother tho Chief Justice
puts liis upon another, while I put mine upon
a third, we are unablo to agree upon a statement
of the general principles upon which wo put our
judgment. Hence, under the statute, we shall
each give a statement of the ground upon which
we assent to the judgment of this court.
I will, therefore, now read tho grounds upon
which the Whole court bases its decision; the
ground Upon which the majority'-of tho court
bares its decision, and I shall also announce the
principles upon which I, myself hold the Court
below erred. * .
As this iH a caso of a good deal of public ni-
toreRt, involving not only'the rights
ALEXANDER ERGEXZINGER,
(Hunter Street, near Whitehall,)
Atlanta • • • ; • «e°rgla t
W OULD rospectfally inform hts old friends in LaGranae
and surrounding country that ho 1b prepared to HU
all orders for
furniture. upholstering.
MATTIUSSES AND BEDDING.
DEOOBATIONB,
WlNDOlT CURTAINS,
Ac., kr.„ Ac.
uial there was
• -r-. - w til e (le-
feudant, linii this plaintiff in errcir, but of a very volition,
largo portion of tho people nt this State, and
one iu which there is a great deal nf interest
taken, I have reduced to writing, in .detail, my
opinion, nud I will preface the reading of iho
judgment of tho whole court and ot the majori
ty of the court, with some written remarks-pre
ferring to do that ratheft than make a parole in
troduction.
Whatever may have been under the Constitu
tion of the United States, the abstract truth its to
the political condition and status ot the people
of Georgia at tho close of tho loto war, from tho
stand-point of a mere observer, it seems to me
perfectly conclusive (hat the fioveral branches of
the present State Government are shut np to
the doctrine that the Constitution and frame o
civil Government ill existence m tlns S^taon
the 1st of January, 1801, with all its disabilities
and restrictions, was totally ™'" n / r ?o?a‘‘Lint
great revolution which from 1801 to 1805 swept
over tho State. Early in .Juno, 180,), the Gov-
oruor of I860 was in prison at Washington, and
there was not, in the whole State, a single civil
officer ill - the exercise of the functions of his
offioo. . ,, .
The whote body lately acting had been chosen
under the laws of the Confederate States, and
the inotiiftbetattft 6f I860 had all either died, or
resigned,’ (ft’ renouucoa their positions as officers
under th© CoinitHutioM of the United, States,’
issue and a trial before the
jury: held, that by the Code of Georgia, a per
son buvinwpjojEfeeighth or more of African blood
in his veins is not eligible to office in this State,
and it was error in the court to ovcrrule*tho de-
inurref and to charge $he jury that it the plain
tiff' proVed the defendant to nave one-eightli or
more .of African blood he was ineligible to office
in tljjs State.
DECISION OF THE COURT AS RENDERED BY JUSTICE
•i-‘ ; M’CAY.
Wiifle' l agree that tho Code of Georgia—the
law of Georgia as separate from the Constitution
—does hiake persons of color eligible to office,
my opinion is that eligibility is guaranteed by
the Constitution‘of tho Shite, and I announce
these propositions os the general principles upon
which my opinion is based:
1. The Constitution of Georgia, known as the
Constitution of 1868, is a new Constitution,
made by, and formed for, a people who, at the
time were, by the facts of the caso, nud by tho
laws of the ’United States, without any legal
civil government; and as the people of Georgiu.
without regard to paBt political distinctions, and
wit out regard to distinctions c/f color, partici
pated oni equal terms in the election for the Con
vention, and in its composition and delibera
tions, aff .well as in the fiual ratification of the
Constitution it framed—in the construction of
that Constitution, and iu the investigation ot
wliat right* it guarantees, or denies, such dis
tinctions aT&equally to be ignored.
2. The Tights of tho people of this State,
white and black, are not granted to them by the
Constitution thereof. The object and effect of
that iilstrtiihent is not to give, but to restrain,
deny, i^Otllate, and guarantee rights; pud all
persons raitfgnized by that Constitution aft citi
zens of tho State, have equal, legal and political
rights, oxodttps otherwise expressly de-lared.
. . ftnd njnlotfm sense of the
Wheil useefiu reference to the
sefforate States of the United
;heir rights as such oitizens, that
arson entitled to every right, legal
enjoyed by any person in that
* ere be some express exception,
ive law, covering tha particular
of persons, whose rights are in
of the cine at bar. and entitles him to a reversal
of the judgment of the court below, which was
adverse to his right. „ , .
The third paragraph of the 9th Article of the i
Constitution of this State adopts, in subordina
tion to the Constitution of the United States,
and the laws aud treaties made iu pursuance
thereof; and in subordination to the said Consti-
; the “ body of laws known
as the Code of Georgia, and the acts amendatory
thereof, Which said Code and acts are embodied
u the printed book known as Irwin’s Code,”
except so much of tho said several stat utes,
’ode, and laws, as may he inconsistent with the
Supreme law herein recognized."
The Code, Section 1040, classifies natural per
sons into lour classes: 1st, citizens; 2d, residents;
3d, aliens; 4th, persons of color.
Section 40 of the Code declares that all white
persons born in this State, or in any other State
of this Union, who are or may become residents
of this State, with the intention of remaining
therein; all white persona naturalized under the
laws of the United States, aud who are, or may
become, residents of this State with the inten
tion of remaining herein; all persons who have
obtained a right to citizenship under former
laws, aud all children, wherever born whose
whose father was a citizen of this State at thu
time of the birth of such children; or in case of
posthumous children at the time of his death,
are held and deemed citizens of this State.
By the Code the distinction is, therefore, clear
ly drawn between citizens who are white persons
and persons of color.
In other words, none are citizens under the
“printed book known as Irwin’s Code” but
white persons. Having specified the class of
persons who are citizens, thu Code proceeds, iu
Section 1648, to define some of the rights ot
citizens, as follows:
“ Among the rights of citizens aro tho enjoy
ment of personal security, of personal liberty,
private property and the disposition thereof,
the elective franchise,* the right to hold office, to
appeal to the courts, to testily as a witness, to
perform any civil function, and to keep and bear
arms. ”
Section 1010 declares that, “ All citizens are
entitled to exercise all their rights as such un
less specially prohibited by law." , .
Section 1050 prohibits 1 males from exercising
the elective franchise, or holding civil office.
Section 1051 prohibits minors from the exer
cise of civil functions, till they are ot legal age.
Sections 1052 and 1053 prohibit certain crim
inals, and persons non compos mentis, from exer
cising certain rights of citizens.
Article 3, chapter 1, title 1, part -, of the
Code defines tho rights of the 4th class of natu
ral persons, designated as persons of color, giv-
tliem the right to make contracts; sue and be
sued, give evidence, inherit, purchase and sell
property; and to have marital rights, security of
person, estate, Ac., embracing the usual civil
rights of citizens, but does not confer citizen
ship. Thus the Code stood prior to its adoption
by the new Constitution^ . ’
As filready shown, it was adopted, in subordi
nation to the constitution, and must yield to the
fundamental law. whenever iu conflict with it.
In so far as the Code had conferred rights on the
colored race there is no conflict and no repeal.
The Constitution took away no right then pos
sessed by them trader the Code, but it enlarged
their rights as detiuod in the Code, by couter-
ring upon them the right Of citizenship, it
transferred' them from the 4th class ot natural
under the above classification, who
old immuni-
ght to hold
wifi be seen
nitics of a
legal right to hold office in this State as
zen '/ When we take into consideration the defi
nition und object of creating an office, and by
what authority it is conferred upon a
distinction between tho privileges
tics of a citizen as such, and las
office, will be at once apparent. !
that the privileges and immunities of a citizen,
ns such, is one thing, and that his legal right to
hold office as such citizen under the authority of
the Slate, is another, and quite a different ques
tion. Wliat is an office ? “ An office," says Ba
con, “is a right to exorcise a public function or
employment, and to take the fees and emolu
ments belonging to it. An offi -er is one who is
lawfully innshd with an office. It is said that the
ml officinm principally implies a duty, and
brtve their <
words of i
upo n t
their :—.
Which fdti
1 in rt statute, or Constitution,
xy signification, unless they be
®n they have the sens© plaoed
ae skilled in the art, or unless
po defined and fixed by law—in
1 the legal meaning must prevail.
6th and 1649th sections of Irwin s
The 40th section of the Code limited citizen
ship to white persons. The Cons.itution struck
out the word white, and made all persons born
or naturalized in the United States, and resident
in this State, citizens, without regard to race or
color. It so amended section 4b of the Code,
as greatly to enlarge the class of citizens. But
it repealed no part of section 1048, winch de
fines the rights of citizens.
It did not undertake to define the rights of ft
citizen. It left that to tho Le
to such guarantees as are contained in the Oon-
etitntiou 8 itself, which the LoRish.turo e»nuot
tftko nwav. It declares expressly, IHnt no law
shall he Ulnrto or enforced, which
the privileges, of immunities ol citizens ot the
United States, or of tuis State.’ It is not nec
essary to the decision of this case to inquire,
what?are the “privileges and immunities ot
citizen? which aro guaranteed by.the ltth
Amendment to the Constitution of ( the United
States, and by the Constitution of this Mate-
Whatever they may be, they are protected
against all abridgement by legislation. This Is
the full extent of tho Constitutional guaran
tee All rights of the citizen, not embraced
within these terms, if they do not embrace all,
are subject to the control of the Legislature.^
Whetbef the “ privileges and immunities of
the ciriren embrace political rights, including
the right to hold office, I need n°t now >uqnue.
If. they do, that right is guaranteed alike by the
Constitution of the United States and the. Con
stitution of Georgia, and is beyond the control
of legislation. Ifpot, that right is subject to
the control of tiio Legislature as popular
voice ro«v dictate; and in that case the Ldgisla-
ture would have power to grant or restrict it at
nlnaaiirn in esse of white persons, as well ns
of Arsons of onlor. The Constitution <4 C.eor- (referring
< provisions apply exclusively to white citizuus
id to no other class of citizens.
Tho convention which framed tho present
State Constitution and declared persons of color
to be citizens, could have conferred the right up
on thorn to hold office, b »t declined t<> do so by
u very decided vote of that body, und went be
fore the people clai ing its ratification upon the
ground that colored citizens were wJ entitled lo
hoi 1 offici un let it; an ' then can bo no doubt 1
that the people of tho State voted ior its ratiti- j
cation at the ballot-box with that understanding.
But now it is contended that the defendant,
though u colored person, is made a citizen of
the State and ol the United States, and tlmt no
enabling wet has has ever been passed to allow u
naturalized citizen to hold office in this S:a’e—
possessed tho other requisite qua' *'
NOTSCE TO THE PUBLIC!
the next place 1 the charge of a duly, and that it I tions prescribed by law; that the defendant lmv-
. *. , .11 , •' J ,i_ ...ill. I . , .1 „ ««’ Jjjy i^£pfn in avVlHofl
nvn hath t" do with
vithout
ply L.
is a rule that where
another’s affairs agu
his leave that this is an office, and lie who is
it is an officer. By au ancient common law,
fivers ought to be honest men, legal and sag
cl gai melius sciant ct possint qfflnis Ule intende, *
and this says my Lord Coke, was the policy ot ; which lms exist'd so long that
prudent antiquity, tlmt officers did even give j ry of man runneth not to the contrary. iue
irace to the place, aud not the place only to 1614th Section of tho Code simply affirms the
grace the officer.” 7th Bacons Ah. 279—title of- j common law w» to the right of a white citizen to
fees and officers. Blackstone says the King, in j hold office in this State. No such ooipmon law
land is the fountain of honor, and of offie and j right, how
citizen
to hold office in the same in
izod citizen could do. The
ralized citizens were white pi
had a rommon law rigid U
founded Upon immemorial
titled
a nutural-
t lint natu-
id as such
r l office ■■ a right
e and custom,
that the tnemo-
I A-M NOW OFFERING STAPLE AND FANCY
DR Y GOOD8,
CLOTHING,
HATS,
HOOTS,
SHOES,
NOTIONS,
&C.,
AT GREATLY
He b'; »»t
V LL persons baring the MONET', nnd wanting to buy
GOODS, will do wt 111) call and see me at once, as I
| have determined to make it to thoir interest. Will price
I iioods so low that nil will feel tb it just like they hud found
! something. I am offering a certain liue of Goods nt extra-
y Intv li ■un [»pr30]V. L. HQPSuN.
the re
tha
the King
given is that the law supposes,
i be so good a judge of an
merits, and services, and
who employs him.
‘ From the same principle also arises tho pre-
ative of disposing of offices; for honors aud
offices are in their uuture convertible and synon-
•Vll office's under the Crown carry in the
ye of the law an honor olong with them; be-
: of persons of ■
laimed iu this Stub
•to hold office. They
ne entitled to citizen
ship. and have never held office in this Slate. In
1848, in tho case of Cooper, and Worsham
against the Mayor and Aldermen of the city ol
Savannah—(4th Georgia Reports, 72)—it was
unanimously held aud decided by this court that
tree persons of color were not entitled to hold
any civil office in this State. The naturalized
claim his common law right to
cause thev imply a superiority of parts, and while citizen can claim his common law right to
abilities, being supposed to be always filled with j lipid office in this State; the colored citizen
those that arc most able to execute them" 1st j cannot claim any such common law right tor
those that arc most able to execute thorn' 1st | cannot claim any sucu common iuw ugut tor
Bl. Com. 271, 2. Offices (says Blackstone) are the reason that he has never exercised ana cn-
a right to exercise a public or private employ- joyed it; and that constitutes the difference b -
in on t and to take thu fees and emoluments i tween the. legal right of a naturalized white cih-
thereunto belonging, and are also incorporeal | zen to hold office in this State, and a person ot
hereditaments. 2d J31. Com. 36. color who h
All citizens of the State, whether white or
•colored, male or female, minors or adults, idiot:
or lunatics, are entitled to have all the privileges
aud immunities of citizens, but it docs not follow
that all ot these classes of citizens are entitled
to hold office under the public authority of the
State, because the privileges and immunities of
citizens are secured to them. The State, in this
country, as the Crown in England, ia the fountain
of honor and of office, and she who desires to
employ any class of her citizens in her service,
is the'bost judge of tber fitness and qualifications
therefor. An officer of tho State, as we have
shown, “ hath to do with another’s affairs against
his will and without his leave," and such officer
must have the authority of the State to perform
these public duties against the will of the citizen to show ciffi) ,, , , . f
and without his leave. This authority must bo | ormforrad upon them by some publra law of the
conferred upon the citizen by some public law of
the State from that class of her citizens which, in
her judgment will best promote the general wel
fare of the State. The right to have and enjoy
the privileges and immunities of a citizen of the
State does not confer upon him the right to
serve tho State in any official capacity, until
that right is expressly granted to him by law.—
Mr. Justice Curtis, in his dissenting opinion in
tho case of Dred Scott vs. Sanford, (19th How
ard's itep 5 and 3) says: “So in all the States
numerous persons, though citizens, cannot vote
or cannot hnbl office, either on account of their
ago or sex, or the want of the necesnry legal
qualifications." Corfield ~ “ * t,r — 1
♦on’s Circuit Co
point.
. Corvell, 4 Wasliiug-
ircuit Court Reports 3 jmd 1 to tne same
The defendant therefore, cannot legally claim
any right to hold office either under tho 14th
amendment of the Constitution of the United
States, ortho Constitution of this State, which
make him a citizen, and guarantee unto him the
privileges or immunities of a citizen, for ho may
well have aud enjoy all the privileges and im
munities of a citizen, iD the Stole without hold
ing any office, or exercising any public or offi
cial duty under the authority of the State.
The privileges and immunities of a citizen of
the State do not confer tha legal right to hold
office under the authority of the State, and receive
the emoluments thereof. Does the public law of
tho State, recognized and adopted by the Con
stitution of 1808, (known as Irwin’s Code,) con
fer upon the defendant the legal right to hold
office in this State?
The Code took effect ns tho publio law of this
State, on tho 1st day of January, 1804. By the
40th Section thereof it is declared, “All white
persons born in this State, or in any other State
of this Union, who are, or may become residents
ef this State with the intention of remaining
horein; all white parsons naturalized under tho
laws of the United States, and who are or may
become residents of this State with the inten
tion of remaining herein; all persons who have
obtained ft right to citizenship under fanner taws
and all children wherever bom, whose father
was a citizen of this State at tho tinre of such
children, or in case of postliumus children, at
the time of his death, are hold a d deemed cit
izens of this State. Personshaving oue-oightff
or more of negro or African blood in their veins
are not “ while porsons in the meaning of this
Code.” The 1640th Section declares that “ Nat
ural persons are distinguished according to their
rights and status, into 1st. citizens 2d. residents,
not citizens 3d, aliens:"4th persons nf color."
The persons to whom belong the rights of cit-
lWCr to grant or resme » «. ixensbip, and the mode of acquiring and losing
. . = wall as the same, have been specified in a former article.
to Article ft. before cited.) Among
ntly been made a citiz
since the adoption of the Code, und who is
not embraced within its provisions.”
The one can claim his common law right to hold
office in the State, the other cannot; and until tfie
State shall declare bysouie legislative enactment
that it is her will and desire that her colored citi
zens shall hold office under her authority, they can
not claim thole</al right to do so, for we must not
torget that the State is tho fountain and parent ol
office, nnd may confer or refuse to confer the
right to hold office upon any class of her citizens
she may think pioper and expedient.
When a new class of persons are introduced
into the body politic of the State and made citi
zens thereof, who cannot claim a common law right
to hold office therein, it is incumbent on them
dy that suuh right has been
era by some public law of the
State since they were made citizens thereof, to
entitle them to have and enjoy such right. In
other words, they must show the public law of
the State enacted siuce they became citizens
thereof, which confers the legal right claimed be-
iore they can demand ft judgment oi the Court
iu favor of such legal right.
All mule white citizens of tho State, whether
native born or naturalized citizens, (having the
necessary legal qualifications,) have a common
law right to hold office in this State; and in or
der ^deprive them of that common law right,
a prohibitory statute is necessary. A naturalized
citizen had a common law right to hold the of
fice of President of the United States; henco
the prohibition in the Constitution of the United
States. But ns colorod citizens of tfie State,
who have recently been made such, cannot claim
a common law right to hold office in this State,
as no prohibitory statute is necessary to deprive
them of a right which they never had under the
common or statute law of tho State. When,
therefore, it is said that colored citizens have
the right to hold office iu tho. State, unless spe
cially prohibited ly law, it must be shown affirma
tively that they had previously enjoyed that right.
II they cannot show their right to hold office
in the State, cither under the common law, the
Constitution or statutes of the State, the fact
that they are not specially prohibited from exer
cising ft right which they never had, amounts to
nothing so fur as inuu/ing them with the right to
hold offico is coucefUed.
When and where, and by what public law’ ot
the Stato was the legal right to hold office there*
iu conferred on the colored citizens thereof ?—
If this question cannot he answered in the affir
mative, and the legal authority under which the
right is claimed cannot bo shown, then the argu
ment that inasmuch as there is no special pro
hibition iu the law against the right of colored
citizeus to hold office, falls to the ground. It
there was no existing legal right to hold office to
bo prohibited, tho faot Hint thorn in no prohibition
does uot confer snob loqal right. There was uo
logal necessity to prohibit that which did not
It is not the bnainess or duty of courts to
moke tho laws, but simply to expound nml on-
lorco exi.itbuj lencx which have been proscribed
by tho Hupremo power of the State. „ .
After tiro most caroful examination of tina
question, I am clenrly of the opiumn that there
il no oxisiting law of this State which confers
tho right upou the colored citizens th. reof, to
hold office therein, and consequently that the
defendant has no le-pd riqht to hold and exorcise
tho duties of the office which ha claims under
her authority, nud that the judgment of tho
oourt below, overruling the demurrer, should
be affirmed.
GO SEE “ailKE!”
AT TIIE
»C a ac JE A JF* * Ml TC C* TBL 3E2 *
B. MICHAEL & CO.,
TT/OtTLD announce to £ke Public that they are constant-
V V ly receiving additions to their stuck of
SPRING & SUMMER GOODS,
SUCH AS
Dry Goods,
CLOTHING, NOTIONS, HATS, BOOTS AND SHOES.
Gronts* Furnishing Good*,
ALSO, *
Family Orocerie*,
AND A LARGE STOCK
English Crockery nnd Glassware,
C3-THE CHEAPEST IN LAGRANGE AND NO MIS--©*.
33-TAKE—BAROANINS WILL BE GIVEN.-©*
11 and see “ Mike" end convince yourselves that good
rguius can be bud from
B. MICHAEL,
intend H. Solomon.
ALBERT LEHMAN,
WATCH-MAKER AND JEWELER,
NEW JEWELRY.
JU8T roceived a large stock 6t
GOLD AND SILVER WATCHES,
WATCH CHAINS, CLOCKS, (of all aorta and atzea,)
JEWELRY, (of the vory latest styles.)
POCKET AND TABLE CUTLERY, (very bOBt quality,)
SCISSORS, (every size, and the finest that can be bad,)
PLATED WARE, (aU descriptions and beat quality,)
SPECTACLES and SPECTACLE CASES, (of all kinds,)
and many other fancy artioloa. All of which I will se
'“novcitu A. LEHMAN.
MQiirrvAt^ springh, isoo.
mms FAVORITE BUMMER RESORT, eitnated In Blount
T enuity. East Tcuneseee. will bo opened, fof the re-
ceptiou ot visitors, on the
FIRST OF JUNE.
Tho m irked beneficial results attending the use of tbOM
waters, in functional d irangcmeutn of the
Liver, Bowel*, Kidney* and Skin, »nd tit#
Cure of Chronic Diseases, attest *■*!?
Medicinal Properties.
The buildings st Montvulo are now taiug reraired. ro-
illtod and repainted, and everything pu^Gaaoplf/Vb wter.
All the accessorius for enjoyment and retroation st lb#
b0 'lL*tar‘ra“h!S* M^rale'tw. »a.on M to-
craiued bythl“kno?vUta Sid
regular train, are running to Uanrfta. wbeniAJM—
convoyed In coaohe, to the Spring., moo
ItSuit.
RATES OP BOARD;
Por month
C7T Addrres. (or pamphlet* containing
