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thrill is, whrllu-r ;i [KTSOll id Color lit
the tlescri|)Uott*heriii<>iieil in lhe record
id leg illy entitled to hold office in this
St.ite, under'the Constitution and laws
thereof ?
'l'tie Fourteenth Amendment to the
Constitution of the United Stales de
clares that “Al! persons born or natu
ralized in trie United Slates and sub
ject to the jurisdiction thereof, are citi
zens of the United States, and the State
wherein they reside. No State shall
make or enforce any law which shall
abridge the privileges or immunities of
citizens of the United Slates.”
The Constitution of this State de
clares that ‘-All persons born, or nat
uralized in the United States, and res
ident in this State, are hereby declared
citizens of this Stale, and no laws shall
be made or enforced which shall
abiidge the privileges or immunities of
citizeits of the United States or of this
State.’'
From the time of the adoption of the
Fourteenth Amendments and the
adoption and ratification ot the Con
stitution of this State in 18GS, the
defendant became (notwithstanding his
color and African blood) a citizen of
the United States, and of this State,
and is entitled to have all the privileges
and immunities of a citizen.
Does the fact that the Defendant was
made a citizen of the State, with ail
ilie privileges or immunities of a citi
zen thereof, confer upon him the legal
right to hold office in this State as such
citizen? When we take into consid
eration the definition and object of cre
ating an office, and by what authority
it is conferred upon a citizen, the dis
tinction between the privileges and im
munities of a citizen as such, and his
rigiu to hold office, will be at once ap
parent. It will be seen that the priv :
ileges and immunities of a ciiizen, as
sucb, is one thing, and that his legal
right to hold office as such citizen under
the auihotily of the State, is another
and qune a different question. What
is an office? “An office,” says Bacon,
is a right to exercise a public function,
or employment, and to take the fees
and ( molumetils belonging to it. An
officer is one who is lawfully invested
with ail office. It is said that the word
ofjicium principally implies a duty, and
in the next place the charge of such a
duiy; and that it is a rule that where
One man hath to do with another’s af
fairs against his will, and without his
leave, that this is an office, arid he who
is hi ii is an officer. By the ancient
common law, officers ought to be hon
est men, legal and sage, el qui melius
set ant tt possinl ojjicis till intendere; and
this, savs my Lord Coke, was the pol
icy of prudent antiquity, that officers
did even give grace to ihe place, and
not the place only to grace the officer.”
71h Bacons Ab. 279 title offices and
officers. Blackstone says the King, in
England, is the fountain of honor, and
ot office, and the reason given is ihat
the law supposes, that no one can be
so good a judge of an officer’s merits,
and services, as the King who employs
him.
••From the same principle also arises
the prerogative of creating and dis
posing of offices ; for honors and offices
are in their naiure convertible and
synonymous. All officers under the
Crown carry in the eye of the law an
honor along with them ; because they
impiv a superiority of parts, and abili
ties, being supposed to be always filled
with those that are most able to execute
them.” 1st Bl. Com. 271, 2. Offices,
says Blackstone, are a right to exercise
a public or private employment and to
take the fees and emoluments there
unto belonging, and are also incor
poreal hereditaments. 2d Bl. Com. 30.
All citizens of the State, whether
while or colored, male or female, mi
nors or adults, idiots or lunatics, are
entitled to have all the privileges and
immunities of citizens, but it does not
follow that all of these different class
es 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, is the fountain.of honor, and
of office, and she who desires to em
ploy any class of her citizens in her
service, is the best judge ot their fit
ness and qualifications therefor. An
officer of the 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 author
ity of the State to perform these pub
lic duties against the wiil of the citizen
and without his leave. This authority
must be conferred upon the ciiizen by
some public law of the State from that
class of her citizens which, in her judg
ment, will best promote the general
welfare of the Slate. The right to
have and enjoy the privileges and im
munities of a citizeu of the State does
not confer upon him the right to serve
the State in any official capacity, until
that right is expressly granted to him
by law'. Mr. Justice Curtis, in his
dissenting opinion in Uie case ot Dred
. Scott rs. Sanford, (19th Howard’s Hep.
6 and 3) says: “So in all the Stales,
numerous persons, though citizens, can
not vote or cannot hold office, either on
account of their age or sex, or the want
of the necessary legal qualifications.
Corfield vs. Corvell, 4 Washington’s
Circuit Court Reports, 3 and 1 to the
same point.
The defendant, therefore, cannot le
gally claim any rightto hold office either
under the 14th amendment ot the Con
stitution ot the United Slues, nr the
Constituii m of this Stare, which make
him a citizen, and guarantee unto him
ttie privileges or immunities of citizen,
for he may well have an enjoy all the
privileges and immunities nt a ciiizen,
lithe State, without holding any office
adopted by the CoHStiuiion of 1S6S
(known as Irwin’s Code,) confer upon
the defendant the legal right to hold
office iri this State ?
The Code took effect as the public
law of this State, on the the 1st day of
January, 1S03. By the 46th Section
thereof it is declared. “All white
persons, born in this State, or in any
other State ofthis Union, who are, or
may become, residents of this State
with the intention of remaining herein;
all white persons naturalized under the
laws of the United States, and who are
or may become residents of this Suite
with the intention of remaining herein ;
all persons who have obtained a right
to citizenship under former laws, and
all children wherever born, whose fa
ther was a ciiizen ofthis Slate at the
time of the birth of such children, or in
case ot posthumous children, at the
time ot his death, are held and deemed
citizens ot this Slate. Persons having
one-eight or more ofnegro or African
blood in their veins are not “white per-
persons in the meaning of this Code.”
The 1646th Section declares that Na
tural persons are distinguished accord
ing to their rights and status, into 1st. cit
izens ; 2d. residents, not citizens ; 3d.
aliens ; 4th. persons of color.
The persons to whom belong the
rights of citizenship, and the mode of
acquiring and losing the same, have
been specified in a former article : (re
ferring to article 46, before cited.)
Among the rights of citizens are the
enjoyment ot personal security, of per
sonal liberty, private property and the
disposition thereof, the elective fran
chise, the right to hold office, to appeal
to the courts, to testify as a witness, to
perform any civil function, and to keep
and bear arms. All citizens are emi
tted to exercise all these rights, as such,
unless specially prohibited by law”
Sections 1647, 1648, 1649, 1650, 1651,
1652, 1053, of the Code.
It will be remember.ed that at the
lime of the adoption of the Code, in
1863, the defendant was not a citizen
of this Stale, and was not recognized
by the Code as a citizen thereof. By
the 16 J 6 Section, the status of the de
fendant is defined to be that of a person
of color, and not that of a citizen.
The revised Code adopted by the
Constitution of 1S6S, includes the act
of 1S66, which declares that “All tie-
gres, mulaltoes, mestizoes and their
descendents,having one-eighth ofnegro
or African blood in iheir veins,shall be
known in this State as persons of color,”
and especially defines their legel rights,
hut the right to hold office is not one of
th^m. Revised Code—Section 1661.
It is true that since the adoption of
the Code the defendant has been made
aertizen, but all the legal rights confer
red upon citizens l>y the Code were
conferred upon that class of persan on
ly, who are declared and recognized
by the code as citizens of the State at
the time of its adoption. When the
Code declares that it shall be the right
of a citizen to hold office, such right is
confined to that class of persons who
are recognized and declared therein to
be citizens of the Slate, and not to any
other class of persons who might there
after become citizens. So where the
Code declares that “All citizens are
entitled-to exercise all their rights as
such, unless prohibited by law,” it is
applicable to that-class of persons on
ly, who were declared to be citizens
of the Stale at'lhat time,and not to any
other class of persons who might there
after be made citizens of the Stale, such
as Chinese, Africans, or personsof color.
The truth is that the public will of the
State has never been expressed by any
legislative enactment in favor of the
right of the colored citizens to hold
office in this Stale since they became
citizens thereof.
made a citizen ol the Stale and of the
United Stales, and that no enabling
act has ever been passed to allow a
naturalized citizen to hold office in
this Slate-—when he possessed the oth
er requisite qualifications prescribed
by latv ; that the defendant having been
made a citizen of the State is entitled
to hold office in the same manner as a
naturalized citizen could do. The re
ply is, that naturalized citizens were
while persons, and as such had a com
mon law right to hold office—a right
founded upon iinrnemoti.il usage and
custom, which has existed so long that
“the memory of man runneth not to
the coritraiv,” The 1644th Section of
the Code simply Jdfi ms the common
law as to the right of a white citizen to
hold office in this Stale. No such com
mon law right, however, can he claim
ed in this State in favor of persons ot
color to hold office. They have but
recently become entitled to citizenship
and have never held office in this State.
In 1S43, in the case of Cooper & Wor
sham against the Mayor and Aldermen
I an W hiles and Binrks Intermarry in Georgia ?
THE QUESTION DECIDED BY THE SU
PREME COURT.
[ Phonographicalty Rrporttrf for the Atlanta Intelli
gencer | *
On the question of the legality, under
the laws of Georgia, of ihe iniermar-
i riages of whites and persons of color,
the Supreme Court yesterday rendered
the following decision.
Chief Justice Brown stated that in
the case of
Charlotte Scott, 1
Plaintiff in error,
Indictment for adultery
rs ^and fornication. From
The State of Georgia, j Dougherty county.
Defendant in error. J
the following w'ere the points decided
by the Court:
1st. The Code of Georgia, adopted
by the new Constitution, forever prohib
its the marriage relation between while
persons and persons of African descent,
and declares such marriages null and
void.
2d. This section ot the Code is not
repealed, by nor is it inconsistent with
that part of the Constitution which de
of the city of Savannah—(4th Georgia i c i ares tha ,. ..The social status of the
Reports, 72)—it was unanimously held
and decided by this court that free per
sons of color were not entitled so hold
any civil office in this Stale. The nat
uralized white ciiizen can claim his
common law right to hold office in this
State ; colored citizen cannot claim any
such common law right for the reason
that helms ndver exercised and enjoy
ed it; and that constitutes the ditier-
ence between the legal right ot a natur
alized white ciiizen to hold office in this
Slate, and a person of color who has
recently been made a citizen * since
the adoption ot the* Code, and who is
not embraced within its provisions.”
The one can claim his common law
right to hold office in the State, the
othei cannot; and until the Stale shall
declare bv some legislative enactment
that it is her will and desire that her
colored citizens shall hold office under
her authority, they cannot claim the
legal right to do so, for we must not
forget that the State is the fountain and
parent of office, and may confer or re
fuse to confer the right to hold office
upon any class of her citizens she may
think proper and expedient.
When a new class of persons are
introduced into the body politic of the
Slate and made citizens thereof, who
cannot claim a common law right to hold
office therein, it is incumbent on them
to show affirmatively that such right has
been conferred upon them by some
public law of the State since they were
made citizens thereof, to en ’ 1
to have and enjoy such right. In other
words, they must show the public law
of the State enacted since they became
citizens thereof, which confers the legal
rieht claimed before thev can demand
citizen shall never be the subject of
legislation.” That clause of the Con
stitution absolutely denies to the Leg
islature the nowei to pass laws in fu
ture regulating the social status, or
compelling the two races to unite in
social intercourse. As the laws-then
in existence allowed churches, for in
stance, to determine for themselves
who should occupy their seats, and
where they should sit; and permitted
railroad and steamboat companies, and
hotel keepers, to classify and assign
places to those using their accommo
dations, according to social status, and
grade, as they might think proper; the
Constitution puts it beyond the power
of the Legislature ever to enact any
law compelling them to make different
classifications or to. group together in
social intercou(se those who do not te-
cognize each other as social equals.
As the social relations of citizens are
uoL the proper subjects of legislation,
the Constitution has wisely put the
matter at rest, by denying to the Leg
islature the power to repeal or enact
Jaws on that subject.
THE CHIKF JUSTICE DELIVERD THE
OPINION AS FOLLOWS-:
1. The record in this case
presents
a single question for the consideration
and adjudication of this court. Have
white persons and persons of color the
right, under the Constitution and laws
i G eo| gi a > to intermarry, and live to
ut e t em g e[ ^ er j n this State as husband and
wife ? The question is distinctly made
and it is our duty to meet it fairly and
dispose of it.
The Code ot Georgia as adopted by
- , . , . c the new Constitution, section 1707, for-
a judgment of the Court ... favor ofj ev(?r prollibits |ll0 raarri ., ge rda , ion
between the two races, and declares
all such marriages null and void.
With the policy ofthis law we have
nothing to do. It is our duty to de-
such legal right.
All male white citizens of the 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 order to deprive them of that com
mon law right, a prohibitory statute is
necessary. A naturalized citizen had
a common law right to hold the office
of President of the United States;
hence the 'prohibition in the Constitution
of the United States. But as colored
citizens of the Stale, who have recent
ly been made such, cannot claim a
common law right to hold office in the
State, as no prohibitory statute is ne
cessary to deprive them of a right
which they never had under the com
mon or statute law of the State. When,
therefore, it is said that colored citizens
have the right to hold office in the Stale,
unless specially prohibited by law, it
must lie shown affirmatively that they
had previously enjoyed that right. If
Although these several classes of! they cannot show their right to hold
persons might be made citizens of the
Suite with the privileges and immuni
ties of citizens, still they could not le
gally hold office under the authority of
the Stale until that right shall be con
ferred upon them by some public law
of the State, subsequent to the time at
which they became citizens, so as to
include them in its provisions. The
public will of the State, ns to the legal
right of that class of her citizens to
hold office, has never been affirmative
ly expressed ; but on the contrary,
when the proposition was distinctly
made in the Convention which formed
the present Constitution, to confer the
right upon colored citizens to hold of
fice in this State, it was voted down
by a large majority. (See Journal of
Convention, page 312) So far as there
has been any expression of the public
will of the State as to the legal right
of that class of citizens known as color
ed citizens, and since they became
such, to hold office in this Stole, it is
against that right now claimed by the
defendant.
The insurmountable obstacle in the
way of the defendant claiming a legal
right to hold office in this State under
the provisions of the Code, is the fact
office in the State, either under the
common law, the Constitution or stat
utes oflhe State, the fact that they are
not specially prohibited from exercis
ing a right which they never had,
amounts to nothing so lar as investing
them with the right to hold office is
concerned.
W hen and where, and by what pub
lic law of the Slate was the legal right
to hold office therein conferred on the
colored citizens thereof? If this ques
tion cannot be answered in the affirm
ative, and the legal authority under
which the right is claimed cannot be
shown, then the argument
much as there is no special prohibition
in the law against the light of colored
citizens to hold office, falls to the
ground. If t here was no existing legal
clare what the law is, not to make law.
For myself, however, I do not'hesitate
to say, that it was dictated by wise
statesmanship, and has a broad and
solid foundation in enlightened policy,
sustained by sound reason and com
mon sens* 3 . The amalgamation of the
■races is not only unnatural, but is al
ways productive of deplorable results.
Our daily observation shows us, that
the offspring ot these unnatural connec
tions, are generally sickly and effem
inate; and that they are inferior in
physical devvelopment and strength,
to the full blood of either race. It is
sometimes urged that such marriages
should be encourged for the purpose of
elevating the inferior race. The reply
is, that such connections never elevate
the inferior race, to tig: position of the
superior; but they bring down the su
perior to that oft he inferior. They are
productive of evil and evil only, with
out any corresponding good.
I do not propose to enter into an y
elaboratediscussion of the question of
policy at this lime, but only to express
rfly opinion, after mature consideration
and reflection.
The [rower of the Legislature over
the subject matter when the Code was
adopted, will not, 1 suppose he ques
tioned. The legislature certainly had
as much right to regulate the marriage
relation, by prohibiting it between per
sons of different races, as they had to
. prohibit it between persons within the
that , mas-1 Levitical degrees, or between idiots.
Both are necessary and proper regula
tions. And the regulation now under
consideration is equally so.
... j , i % But it has been urged by the
right to hold office to be prohibited, the j ] earne( j counsel fqr the plaintiff’ ip er-
fact that there is no prohibition does not ror { | )at t [, e sec tj on of the Code, under
confer sucb leg<il right. 1 here was no . consideration, is in conflict with the
legal necessity to prohibit tluil which i eleventh section of the first' Article of
did not ex'st, j ibis State, which declares, that, “The
It is not the business or duly °‘ social status of the citizen shall never
courts to make the laws, but simply to , jj e q ie su bject of legislation.”
expound and enforce existing lausj .i n so far as the marriage relation is
which have been prescribed by the su-1 connecled wilh ljie soc j a i glalus t h e
preme power of the State. ; verv reverse is true. That section of
, After the most careful examination j d)e q on53 |iimjoR forever prohibits leg-
that he was not a citizen of the State j M uesl *°. n ’ *. am c 7 arl y islation of any character; regulating or
at the time of its adoption* The class °P. !R,on that there is no existing law o*: imcrferirig wilh, the social status. It
s were | ^ 11S Biate which confers the right upon | eaves social rights, and status, where
the colored citizens thereof to hold j jt f|ru , s lhem . ] t prohibits the Legis-
office therein, and consequently * aa ! lature from repealing apy laws in ex-
the defendant has no legal right to hold j sleijcej which piotecl persons in the
c«nd CX6rCl&6 the UUtICd O* l he office t ( ro ^ rpanlftl inn nmnitft thpmci
or exercising any pu
blic or official du
ty u.icier ihe authority of ihe fetale.
The pri vileges and immunities of a
ciiiZ'-n of the J&tate do not confer the le
gal right to bold office under the pub
lic authority of the State, and receive
the emoluments thereof. Does tae
yu blic law9^ lb e recognized aud
of persons to which he belongs
not recognized by it a* citizens, and
therefore he is not included in any of
its provisions which confer the right to
hold office upon the class of citizens
specified in the Code. The Code
makes no provision whateverfbrcolored
citizens to hold office in this Slate; all
its provisions apply exclusively to
white citizens and to no other class of
citizens.
The Convention which framed the
present Stale Constitution and declar
er! persons of color to be citizens,.could
have conferred the right upon them to
hold office, but declined to do so by a
vers decided vote ot that body, and
went before the people claiming its rat
ification upon the ground that colored
citizens were not entitled to hold office
under it; and there can be no doubt
that the people ofthe State voted for its
ratification at the ballot box with that
understanding.
But now it is contended that the de
fendant, though a colored person, ta
which he claims under her authority,
and that the judginent of the court be
low, overruling the demurrer, should
he affirmed.
—« • * *>
A German thus described an accident :
“vonce, a long vile ago. I went intos mine
abble orchard to climb a bear tree to get
some peaches to make mine vrow a plum
free regulation among themselves of
matters properly termed social, and it
also prohibits the Enactment of any
new laws on that subject in future.
As illustrations: The laws in force
when the Constitution was adopted,
left the churches in this Stale free to
regulate matters connected with social
status in their congregations, as they
udding mit ; and von I get to do toberm«8.t j thought proper. I hey could say who
ranch, I vail from the lowermost limb, i should enter their church edifices and
| the power to pass any law withdrawn^
it; or regulating the social status i 11
such assemblages.
And I may here remark that pre
cisely the same protection is guaran
teed to the colored churches, in the
regulation of social status in their as
semblages, which is afforded the whiles.
Neither can ever intrude upon the other,
or interfere with their social arrange
ments without their consent.
The same is true of railroad, and
steamboat companies, and hotel keep
ers. By the law in existence at the
time the Constitution was adopted,
they were obliged to furnish comforta
ble and convenient accomodations, to
the extent of their capacity to accomo
date all who applied; without regard
to race or color. But they were not
compelled to put persons of different
races, or of different sexes, in the cars
or in the same apartments: or to seat
them at the same table. This was left
to their own discretion. They had
power to regulate-it according to their
own notions of propriety, and to classi
fy their guests, or passengers, accord
ing to race or sex; and to place them
at hotel* in inherent houses, or differ
ent parts of the same house; or on
railroads in different cars; or on steam •
boats in different parts of the vessel;
and to give them their meals at different
tables. When they had made public
these regulations all persons patroniz
ing them were bound to conform to
them. And those who did not like their
regulations must seek accommodations
elsewhere. There was no law to com
pel them to group together in social
connection, persons who did not re
cognize each other as social equals.
To avoid collisions and strife, and
to preserve peace, harmony, and good
order in society, the new Constitution
has wisely prohibited the Legislature
from enacting laws, compelling these
companies to make new social arrange
ments among their palror.sor to disturb
those in existence. The law shall
stand as is says the Constitution, leav
ing each to regulate such matters as
they think best, and there shall be no
legislative interference. All shall be
comfortably accommodated, but you
shall not be compelled by law, to force
social equality, either upon your trains,
your boat’s or in your hotels.
The same remarks apply to the reg
ulation of social status among families,
and lo the social intercourse of society
generally.
This, in mj’ opinion, is one of the
wisest provisions in the Constitution;
as it excludes from the halls of the leg
islature, a question which was likely to
produce more unprofitable agitation,
wrangling and contention, than anv
other subject within the whole range of
their authority.
Government has full power to regu
late civil and political rights; and to
give to each citizen of the 8tate, as our
code has done, equal civil, and equal
political rights, as well as equal protec
tion ot the laws. But government has
no power to regulate social status.—
Before the laws, the Code of Georgia
makes all citizens equal, without regard
to race or color. But it does not cre
ate, nor does any law of the State at
tempt to enforce, moral or social equal
ity between the different races, or cit
izens of the State. Such equality does
not in fact exist, and never can. The
God of natuie made it otherwise, and
no human tribunal can enforce it.—
There are gradations and classes
throughout the universe. From the
tallest Arch-Angel in Heaven down to
the meanest reptile on earth, moral and
social inequalities exist, and must con
tinue to exist through all eternity.
While the great mass of the conquering
people of the States which adhered to the
Union during the late civil strife, have
claimed the right to dictate the terms of
settlement, and have maintained in power,
those who demand that the people of the
States lately in rebellion, shall accord
to the colored race equality of civil
rights,including the.ballot, with the same
protection under the.laws which are offer
ed the white race ; they have neither re
quired of us the practice of miscegenation,
nor have they claimed for the colored race,
social equality with the white race. The
fortunes of war have compelled us to
yield to the freedmen the legal rights
above mentioned but we have neither
authorized or legalized the marriage re
lation between the races, nor have, we eu-
acted laws, or placed it in the power of the
Legislature hereafter to make laws, regu
lating the social status, so as to compel
our people to meet the colored race ou
terms of social equality. Such a state of
things could never be desired by the
thoughtful and reflecting portion of either
race. It could never promote peace, quiet,
or social order in any State, or communi
ty. No such laws are of force in auy of
the Northern States, So far as I know, and
it is supposed, no considerable part of the
people of any State desire to ’see them en
acted. Indeed, the most absolute aud des
potic governments do not attempt to reg
ulate social status by fixed laws, or to en
force social equality among races or class
es without their couseut.
As already stated, we are of the opiu-
iou that the section of the Code which for
bids intermarriages between the races, is
neither inconsistent with,nor is it repealed
by the section of the Constitution uow un
der consideration. It therefore stands npon
the statute book of the State forever pro
hibiting all such intermarriages, and de
claring them to be null aud void.
Let the judgment of the Court be af
firmed.
to it. or between what parties it shall be
raid, has nothing to do with the social stat
us of the citizen.
If the law, making illegal the marriage
relation between whites and blacks, were
a law regulating the social status of the
citizeu, I am not prepared to say that it
would not, by the very terms of the Con
stitution. be inoperative, as contrary to
the Constitution. In my judgment there
were no 6uch laws in operation, and it
was the intent of the Convention to de
clare that none ever should be passed.
The social status of the citizen is not the
subject of legislation and ought not to be.
J&nrtjjcnt Ictorkr.
MILLEDGEVILLE:
Tuesday) June 29, 1869.
Owing to an oversight, it will be seen
that the outside of to-day’s issue is dated
wrong ; it should be Jane 29tb and No.
26, instead of Jane 26th and No. 29.
mit von leg ou both sides of tbe fence,
and like to stove mine outsides in.”
Equally lucid was Mynheer Van Dunk's
account of bis ascent of the Alleghauies.
Said he: “I vas going up der mountain mit
myself, ven my foot shlipped bimself on der
ice, and I goomed down der mountain, on
der proad of mine pack, mit mine facg
stickin in der mu>, and dar? I sthood all
d#r times.”
Genius is a century-plant, and cannot
bloom iu every garden.
occupy their seats, and in what order
they should be classified, or seated,—
They could say that females should sit
in one part of the church, and males in
another; and that persons of color,
should, if they .attended, occupy such
seals as were set apart for them. In
all this they were. protected by the
eommpn law of this Stale. The new
Constitution forever guarantees this
protection by denying to the legislature
When the Chief Justice bad delivered
tbe decision—
Judge McCay spoke as follows :
In the decision which has just been
pronounced, I agree with the judgment of
the Court, aud with the general tenor of
the reasonings of the Chief Justice.
I wish to say, however, in order that 1
may not be misunderstood, that I place
the judgment wholly upon the ground that
the law prohibiting marriage relations be
tween persons of color and whites is not* a
law having any reference to the sotfial
status of citizens, Tbe legislature has tbe
same right to enact such a law, that it has
to say bow close shall be tbe degree of
consaoguinity to make a marriage void ;
or, to regulate the ages of the parties—say
how old the perosn shall be; and, in fact,
the regulation of a civil contract, describ
ing who shall, and who shall not, enter ia-
CHINESE LABORERS.
It is mentioned in one of our exchanges
that General Forrest will employ one thou
sand Chinese laborers on his Railroad in
Alabama ! That will be equal, in our opin
ion, to displacing two thousand negroes,
at least; not that a negro man cannot do
as much as the mau of China, but he
won't—and it is plain to foresee that when
the time comes that Sambo really needs a
situation and would like to get work to
feed aud clothe himself, he will fiud every
place occupied by some one else. This is
no wily scarecrow—no sham talking to get
the advantage of negro laborers. We have
no wish either to. impose upon them or to
deceive them. Our object is altogether of
auother sort, aud we are greatly mistaken,
if two years time will not prove what we
say to be true. Chinese immigrants will
come to the South by thousands; they
come from California—they are looking
out for homes, and enter willingly into
contracts—for one year or for a num
ber of years—which make their services
more reliable, cheaper and every way
preferable to laborers of any other caste or
country. The German prefers a more
northern latitude, and the Irish are en
grossed by the large cities, towns and
great thorough-fares of trade and travel.
But the Chinese like warm regions aud
adapt themselves to the different occupa
tions of all sections. They are at home in
a rice fielt), and understand the cultiva
tion of cotton, corn and the cereals-geners
ally. Already our rice, sugar and cotton
planters, iu many places, have taken steps
to plant their next year’s crops witii Chi
nese laborers; and there are large Immi
gration Companies commencing in China
itself, centering in California, and branch
ing to Missouri, Texas, Louisiana and ev
ery other Southern State, for their rapid
and increasing introduction. We are as
sured from what is now doing, that even in
Georgia this kind of labor will be used to-
no inconsiderable extent, in 1870. Bat,
without this ray of light to give the South
encouragement to know a better time is
coming, we are consoled by the reflection
that our white population are daily real
izing the troth that their own labor is far
more profitable when carried on between
themselves, than when combined with tbe
so-called help of the blacks—that tbe
whites are learning to do for themselves
much that it was their wont to have done
by others; and that they derive far more
pleasure aud pocket more mcRey, from
sack independent sources! This of itself
discards a great deal of the black labor
that has been an incumbrance heretofore,
and in too many instances, a useless ex
pense. Agaiu, we state our fit in convic
tion, that there is a rapidly growing in
difference—probably, a positive aversion
on the part of planters, to be worried the
year through, by the laziness careless
ness, impudence and rogueishness of tri
fling negroes. The time required to watch
them—the little they will do if not looked
after, aud the utter ungratefulness of their
dispositions, make copartnerships with
them hazardous aud uncertain; while
feeding them and pacing them monthly
wages, is a positive loss ! These remarks
are particularly applicable to tbe meaner,
more abased and tbievisb portion of them.
The industrious and honest, the faithful
4ud careful—for color of itself creates no
invidious exceptions—find ready employ
ment, kind treatment and all necessary
social confidence from the whites; aud
we are glad to perceive that they are sen
sible uf the distinctions which are thus
obliged to be made, and we bore take oc
casioo to say, they will always get good
situations no matter how many Chinese come
But let os have a Convention by all means
to consider and harmonize upon all these
things. Three days consultation will dtf
more at this time to develope the true poli
cy and to economise our means and forces,
than it is possible to present under each
auspices as newspaper editorials, of any
well written series of agricultural essays,
would accomplish iu twelve months time.
Our motto is. Conventions—Consulta
tions—Co operation.
The Lesialatnrr—Nrgro flrmbtrs.
In oar last issue we were plain as to
what we would do if the question was an
open one relative to admitting the ex
pelled negro members back to their seat e
The editor of the Chrouicle & Seutinel
wrote to Judge W. B. Fleming of Savan
nab, for his opinion upon the subject, Rnd
we give it below. Having a great regard
for Judge F’s. opinion, and looking npon
him as amoDg the brightest legal minds of
the State—and we hope to see him up 0n
the Supreme Bench some of these days—
we do not feel disposed to call into q. iei .
tion his logic. He says :
The case decided by the Supreme Court
settles the question that White, altbongh
a negro, may hold the office of Clerk. I t
can have no other effect beyond the re
tainirig of White in office, except as au.
thonty to control the decision of oihercas
es as they arise involving the same ques-
tion. But the decision will have to be
made in every case. It cannot possibly
have the effect to put in or out of office
others who are strangers to the judgment
Is it not a well settled principle that a
judgment binds only the parties to it \
There are some cases in this county,
(Chatham,) where white per&nns have been
installed into office by the Ordinary, who,
I think, very properly felt it his duty to
do so, under the decision of Jndge Schley.
Can it be that the effect of the decision in
the case of V\ bite is to put them out and
put the negroes in ? Could a judgment of
ouster be eutered up against them on the
judgment of the Supreme Court in favor of
White ? Can these negroes be put ints of
fice except by proceedings regularly in
stituted for tbe purpose l I think not.
Tbe same. I suppose, is true of the ne
groes who were elected to the Legislature.
The decision in the case of White cannot
put them in, or the white men on*-, and for
the simple reason they were not parties to
that act.
And now comes the question, can the
negroes elected to tbe Legislature make a
case before the jndicial tribunals of the
State ! I have no difficulty in sayiDg they
cannot. 1 here is but one tribunal with
jurisdiction to decide this question, and
from tbe decisions of that tribunal there
is no appeal, it is final and conclusive,
there being no other tribunal before which
the decision can be reviewed or reversed.
1 hat tribunal is the Legislature itself.—
“Each House shall be the judge of the
of the election returns and qualifi
cations of its members, &c.” Constitu
tion, Article 3, Sectiou 4.
Respectfully, See.,
W. B. FLEMING.
Mineral Springs uf Georgia.
Whatever may be Georgia’s political
complexion or her political consequence at
this time, we rejoice in the belief that her
natural advantages are 'rights' which neith
er fauaticism, nor treachery, nor avarice
can obliterate. What nature has confer
red, were given of God ; and although bis
providence has been improvidently used in
many respects, and most wantonly abused
in others, still the ‘original stock’ remains.
Just now these thoughts are suggested by
reading the many advertisements which
nearly all our exchanges contain, in great
er or less number, of the mineral waters-
those places so much frequented for health
—so diversely thronged in the summer
months, by persons seeking recuperation
or recreatiou, pleasure or politics—aud
which abound in Georgia to an extent al
most beyond belief. But it is so; and the
day is rapidly advancing when these ru
ral Retreats—these spontaneous medi
cine chests—so skilfully and scientifically
combined and nicely proportioned by the
hand of nature—will rank with those of
Newlorkand Virginia, as places of re
sort for health and social pastime. Geor
gians then will spend their money aud their
spare time at home, learning from each,
and imparting useful information, as to
the general resources, capabilities, facili
ties aud conditions of al! sections. These
springs are interspersed over our entire
State—from mountains quite to the sea
board, and contain nearly all the proper
ties of all the Spa’s of the world. Some are
hot, almost boiling; bnt the far greater
majority are delightfully cold. Many are
strongly chalybeate, tonic and invigorat
ing. There are sulphnr, white, red and
yellow—magnesean and cupriferous.—
There are warm springs of large volumn
suitable for bathing. There are free stone
and blue lime stone—carbonic acid or
‘bubbling cauldrons’ of the purest, most
limpid, yet coldest element ; and we even
have tbe wonderful Potcder Spring ! All
these, as we have remarked, are more or
less medicinal, and many, of various and
very appreciable impregnations. But some
may ask ‘what about their fare—how are
they kept 1 These points are foreign to
our object. We have alluded to the
‘Springs’ themselves as future treasures ol ;
wealth aud fountains of health and summer
recreation, and containing, iu part, impor
tant resources, which time cannot fail to
develope, nor tbe merciless bands of Rad
ical misrule, despoil or render worthless, j
But, we will nevertheless state what we
understand is true of the accommodations i
—the 'cuisine' of all of them, at this day; I
aud that is, all are very recherche and bigh- I
ly inviting, and their localities of easy ac- I
cessibility. We desire, and hope we will
be able to'Offer other suggestions connect
ed with this subject, and to impress our
people with the necessity there is for them
to take care of their interests and hold ou
to those which have been spared to them
Those who have large stocks of corn on
band, says tbe Albany News, bad better
look out for a market. The crop in South
western Georgia is a success, and we can
scarcely imagine a disaster that ean re*
dace it below an abundant supply.
py We see from the South Georgt*
Times, published at Valdosta, that
P. C. Pendleton, senior editor of that
paper, died on the 19tb inst., from the el*
fects of a blow npon bis head, being thrown
from bis buggy on tbe 15th inst., his horse
rnnning away with him. The death ol s°
good and U6efql a man under such circum
stances, is to be deplored. We truly sym -
pathise with bis bereaved family.
Continued cold and wet weather, say* *
Chicago dispatch, is becoming a serio“ 3
cause of alarm to oar Illinois farme rS
Unless there is a change soon, the corn
crop in Northern and Middle Illinois wii
come near proving a failure.