The Weekly Sumter republican. (Americus, Ga.) 18??-1889, December 23, 1870, Image 1
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PUBLISHED B»*
HANCOCK, GRAHAM & REILLY,
DEVOTED TO SEWS, POLITICS AND GENERAL PROGRESS—INDEPENDENT !N ALL THINGS.
t \ Tl\re
TERMS:
Tl\ree Dollars a Year,*
PA TABLE H ADVASCX.
Volume 17.
AMERIOUS, GEORGIA, FRIDAY, DECEMBER 23. 1870.
Number 44.
lertioi
. *1 (
of Minion type, soltd, con«ti-
lts not contracted for will bs
not specifying the length of
r are to bemecrtcdwill be con*
i d out and charged for accorjJ-
to occupy fixed placet will b*
Metaphysical Discovery I
DAVENPORT’S DRUB STORE,
AND GET PHAMPHLETS.
. a 00
■ sw *
. 5 00 I*
Professional Cards.
HAWKINS & BURKE.
.ttomoyo »t Jjrtw,
Americas, Georgia,
Jno. D. CARTER,
Teas ST AT LAW,
Americas, Georgia.,
re in AmcTicoa Hotel budding, corner ol
i snd Collogo etrecta. may 18 if.
FORT & HOLLIS,
W’fGKSKTS AT LAW,
And Solicitors of Patents.
AnnTieus, Georgia.
... ,-.i - '• Him r. .:a orar It T.Byrd's «tors.
sprit 2U tf_
C. T. GOODE,
Attorney at Law
AMERICUS, GEORGIA.
nfii.v our W. T. Davenport's Drugstore.
SAM. LUMPKIN,
ATTORNEY AT LAW.
radio- in all the court a of W. W. Ga.
.. t.v ^nuiavior., to Dr. Wm. A*. Groefte.
;E 1 With M. Callaway, i;*q., iu the Court-
.. Junao, 1870. -ly
JACK BROWN,
"ISSeraTga. ” W
)f.'.ir i,. Court House with Judge Kta
fob 16 tf.
M. A. SMITH,
torn o y a t Iwivt
n7JI.Lpra.-ti.ic in the Courts of Sumter ai
r.Vy -Hdug ( juntioH, and in Circuit Court
i\» <«:i Coll ego stroct, next to Bepubli-
A. ANSLEY, ' '
At torney-at'Law
Amoricua, Ga..
ra.il-.- i : , the Courts of Southwestern
-ih a:, i in the United States Courts at Sa
ab. t-jM-fial attention givlui to collection of
HAWKINS & GUERRY,
Altorneys-at-Law,
> tliopnbli.
cnl States Circuit
ir at
r College
i in Sumter and adjoin*
• * States Circ "
Particular
Hi co—c<
■nberry
RED AND WHITE
Onion Sets.
AUEILYAE8.
Hosford’s Yeast Powders,
(indorsed by Medical and Scientific Mai
LINSEED OIL,
HAW and BOILED,
Improved.
BLACESUEAR A LARAHORE-S | ADDUE3S raOM HOT. B. H. HILL
OH THE SITUAHOH.
PHOTOGRAPHIC
STERESCOPIC
Smporlum
ART AND BEAUTY
Favorite Resort of the Fash
ionable and Lovely.
Americus, Cecrgia.
PHOTOGRAPHS,
TVOBYTYPES,
PORCELAIN,
AMBROTYPES.
GEMS, *c,
Or any otber kind of Pictures of all sizes and
description and in the very best style and at
prices within the reach of all. We also make
the Stercscopic Pictures something new and
DUPLEX-TYPES
By which the likeness of the same p ruon ap
pears twice in the same card in the most incon
ceirably different positions.
In true sympathy with the many ills to which
frail bumanitV is heir, they have for a long
v permitted to rejoici
in heralding the glad news to all who are the
least uncomely in from or feature, that they
prepared to take for them the roost beaut
and flattering pictures, at the same time J
by such a skillful combination
' ‘m even more natural than life
alse prepared to paint LIFE-
in Oil, Pastel or W
and see for themed'
s to render th<
SIZE PORTRAITS in Oil, Pastel or Water Col-
SEWING MACHINES
ON TIME!
WE WILL SELL
Everything kept in a Drug
Store can l>e found at
W. T. DAVENPORTS
Next door to (5 ran berry & Go’s,
S.
C OHEN,
2
A. U. BROWN,
vnoii.M:v AT LAW,
.‘liens, Georgia.
^ILLdve jirompt attention to all business
George W. Wooten,
ATTOHN’EV-AT-LAW,
Atuoricuai, - - - o-a.
I t!u- Court House. janlStf
GEORGE W. KIMBROUGH,
attorney at law,
A' ! M >'"’•»al A gent for the sale and purchase
DB. WILLIAM A. GREENE,
AMEIUCUS, GEORGIA.
("!''MJNl'KS to sc-rvo liis friends of Americuf
! rUrruuiidilie- ronntrv in ail tli« denari-
The American Combination
BUTTON-HOLE k OVERHEAMING
SEWING MACHINE
OB THE
PLAIH AMERICAN,
O
z
Moroliant Tailor,
4TT0ULD respectfully call the attention of tha
W citizens of Americus and surrounding coun-
ry to the fact that he is prepared to make all
CUSTOM-MADE WORK
at the shortest notice. We hare
Two European Workmen
who will give satisfaction to the trade. Owing
to the fact that he has had a £f>od patronage for
fourteen years from the public, he reels able and
is willing to cut and make clothes at moderately
irices, so * s to save the ladies the trouble of
Dr. J. B. HINKLE
•-•"in teniler hi. xrr.cc (in nil the
iTAiirl,,* ..r the Profession) to tho good
'Aural patronage
‘ attention given to Surgery,
ii.-iiuancrs at the Drug Store of Dr. E. J.
‘" "denco fronting that of Her. J.
r su - June 8 tf
Dr. S. E. HAWKINS. "
ift 1 ^ at Dr. EUlridgo’s Drug Store.
medical card.
^lomoxrol.
]) 1: - Hi;'MAS E. SMITH would into-i ....
'.id the public gem-rally, that lie
;'*•! Ib-M.flh-o next door to v.'estheim*
' r ►•'-r.-, over Hr. Newell'* Harness nr
i4 '’ where he will be found at aU times,
■ : t i.-i professional duty. He solicits
a:,d tho afflicted generally to call
] rotni.-iiig to treat every case to the
- -•'•lily. ' oct l’tf.
Button Hole & Overseaming.
ON TIME !
iaes make the lock stit
sides, and
Will i\ot Rip!
They will stitch, hem, fel
ilt, and gather and sew o
-ivery thm^ that **■
!l
iug t
825 cash when the machine is bought, lal-
i weekly instalments untl the
machine is paid for.
Any lady can, in a short time make the machine
Pay for Itself
Every Machine Warranted.
Leitner and Fricker,
SOLE AGENTS
cleaning docs a
South Side Lamar Street.
REMOVAL
S. P. BOONE
H AYING removed to the old stand occupied
by him last year—known as the G. M. ilay
building—is now manufacturing, and keeps con
stantly on hand a full supply of
Fino 35MjLX-xa.it xxx-o.
PARLOR SETS,
In Walnut and Mahogany;
CHAMBER SETS,
With and without marble tops
COTTAGE SETS,
BEDSTEADS,MATTRESSES
Chair*, Basket*, Broom*
WINDOW SHADES. WALL P-ipEil
TO THE PEOPLE OF GEORGIA.
The relation I have borne to you da
ring the last fifteen years will justify, if
not demand, this address.
I began life with the distinct resolution
never to enter public or political station,
but to limit the gratification of ambition
to professional success. This resolution
based upon the assumption that the
integrity of the government would not be
disturbed, and was departed from only
■when that integrity was brought into
question. Entering politics with none
but the most unselfish and patriotic de
sire to aid in preserving onr constitutional
union, I was caught in the current which
quickened into revolutionary madness
the repeal of the Missouri Compro
mise, and have since been borne along,
every hour vainly but earnestly endeav
oring to arrest its wild rush to our ruin.
Through all its three stages of seces*
in, coercion and reconstraction, I have
been the zealous and consistent antago
nist of the revolution, and regarding as
I did the first stage ns an error, the sec
ond as a crime, and the third as a mon
strous usurpation, I would not, if I could
disguise from you the luct that the con
scious memory that I opposed all, and
o degree, responsible for the
consequences of any, has been to me a
well-spring of joy through all the horrors
of the past, and will be a source of
strength in all the struggles of the fu
tare. Whatever else bo lost," this con
sciousness of self-sacrifice and devotion
to what I believed was right is a treasure
of exhanstless wealth which no power
destroy and no misfortune can take
away.
The revolution, at least in its work of
violence, let us hope, is at an eud.
Leaving now out of view the material
and moral devastations sustained, it is
duty to ascertain and fix with all pos
sible distinctness, and without passion,
the changes wrought by the revolution
political framework; for these
changes, though wrought as results
no w to become capses, and in their time
must work results, for good or e
all our country for, perhaps, generations
to come.
Tho tangible, permanent results thus
wrought by the war in tho charter of <
political institutions are embodied
what are known ns the thirteenth, four
teenth and fifteenth amendments to the
Constitution of the United States. It it
historical accuracy to say that the thir
teenth amendment received the assent of
the original constituency of the South- i
era States; and the two other amend- j
ments did not receive that assent. Nev-'
ertheless, all these amendments have
been proclaimed, by the power having
jurisdiction of tho question, to have re
ceived constitutional ratification, and to
constitute parts of tho national funda
mental law.
Taking this, then, as our starting point
the first question is, What are tho spe
cific changes wrought by these amend
ments ?
The first changes I notice arc, perhaps,
the only ones which tho popular mind
seems to bo awnro of as accomplished at
all. he amendments in the order nam
ed, established with a qualification, the
freedom, civil equality and political
equality of the races—all races and col-
HORSE AND CATTLE
REMEDIES.
The Beat and most Iteliable ever
offered to tlie Public.
The Americcn Magnetic
'!!<
EQUINE CONDITION POY/DEES
CERTIFICATE.
J- H. CALLAWAY & GO..
MILLERS,
1 °RT GAINES*........GEORGIA.
A*" 1 ,', :i u 1 ? Freeh Flour ground at the;
I u:i,i sI.a " aiul ]*»L-ked up in 25, 60 and 1C
( wd nit,l Meal always on hand.
■opt IS tt
new stable!
dly—feed their stock
may need In my Us
my personal attention
J. W. JORDAN, Ji
IP I | , .', M 3 LEWLATOHV POWUEIl—
.......... B ,,p,.rti uo py hii r j n flye minutes,
It injury to the akin. Bent by miil for
I'i'IlAll’S ASTHMA CUBE
a inert violent paroxysms infivo minutes
a **pcedy cure. Price $2 by roxii.
the Japanese hair stain
‘he whickers, and hair a beautiful Black
: u rousisUi or only one preparation.
it'*'*"*: Address 8. C. UPHAM, No.
- Philadelphia, Pa. Circulars
hold by all Druggist*.
METALLIC CASES AND COFFINS
In great variety. Repairing promptly attended
to. Orders tilled with satisfaction ana dispatch
sept 13-tf
Valuable City Property
rare Georgia at an early day,
nr my city property for sale,
ELLING HOUSE and TWO
r (TENDING to leave Georgia at an early day
I am now effertng *
consisting of a DWF”
STORE ‘ *
the city, adjoining
The dwelling is a comfortable —.. —
tains four rooms, with two fireplaces. On the
lot is a kitchen, splendid well of
necessary outbuildings; _ and, for
hecity. °11
[welling. 1. - ., ....
casonable terms, for cash.
For further information apply t
Lime, Cement,
AXD
PLASTTm.
mnB undersigned tenders his services to tbs
A citizens of Americus,, and informs them
that be is prepared to execute in tbs best style,
anrldnd of work in the line of PLASTERING,
CEMENTING, kc.. Brown, or any otber color,
dons in tbs ftattst style.
- »
thoroughly I
great merit .n.t
liable luxmliv
tnMUmriit of lit.' V.
knowledge.
sioUyj of
Ps.vka*«rswil] plei
,tfil in
•Tamlncd, sad
prarflee the
a prrparatkuis «4
GEORGE H. DADD,
Money cannot buy itfor Sight
is Priceless.
The Diamond Glasses
Uauufaclurod bjr J. E. SPENCER, New York,
which surfe now Ottered, to the public, are pro
nounced by all the celebrated opticians in the
world to be tho most perfect natural, artificial
help to tbs human eyp »tsr known. They are
nround nndsrtoeir own supervision, from min-
jris crystal pebbles, megted together, and derive
their name, ••Diamdad," on account of their
hardness and brilliancy. The scientific principle
saggaawat^Sagi-S
pleasant seuaaCow,, wash as glimmering and
warming of sight, dizziness, kc^ peculiar toaU
other* in use. They ar* memnted in the fine*
manner, In frames of tbs materials used for that
purpose.. Their finish aod durability cannot be
excelled. Cactjou—Nono genuine unless bear
ing their trade mark '* a *
frame LE——
Watchmakers and .
Americus, Georgia, fi
The only badge of bondage remaining
in America is the qualification alluded to
being the disabilities imposed by the
Fourteenth Amendment upon a portion
of the white race in theSouthern States.
But in truth, these changes in the rela
tive status of the differeut races are the
most insignificant effects of these amend
ments. Not only has the civil and po
litical status of the negro race been
changed, bnt, wlmt is inexpressibly far
more, the jurisdiction over the civil and
the political stains of all the races in all
tho States will be held to have lieen
transferred by these amendments from
the States severally, to the General Gov
ernment This effects a great change
in the character of the General Govern
ment—greatly increasing the National
and as greatly lessening its Federal fea
tures. Indeed, language cannot express
ideas more intensely National than are
tho ideas coveted by the words “juris
diction over the civil and political stntn»
of tho citizen/’ These powers being
conferred, it will be difficult to say what
S Dwer has not been conferred. While
tate governments may remain ns con
venient regulators of limited local in
terests, it will be held that under these
amendments to the new National Consti
tution, the General Government lins
qnired revisory powers over the entire
State government, nnd over all the Leg
islative, Executive and Judicial deport
ments of tbetate governments.
In view of the thorough changes thus
wrought by these amendments in the
whole character of the General and State
governments, the next question becomes
of exceeding great importance. Have
these amendments become in fact fixed
parts of the National Constitution, and
will they be so held ?
After giving this subject not only a
careful, bnt a most anxions considera
tion, I have been driven to the conclu
sion that these three amendments are in
fact, nnd will be hold in law, fixed parts
of the Constitution, os binding upon the
0 tatea and people as the original provis
os of that instrument
The legal ratification of the thirteenth
amendment is conceded by all. It must
be also conceded—is conceded—that the
ratifications of the fonrteenth and fif
teenth amendments have been proclaim
ed. By whom ? I answer by the politi
cal departments of the General Govern
ment having the jnrisdidtion so to pro
claim.
Bat it is said the ratifications were not
free or real, but forced nnd nsurpatoiy,
and, that therefore, the Supreme Court
will declare the proclamations of snch
ratification*to be nail and void. Ire-
ply, the Supreme Court has only judicial
power, and the power in qnestion is po
litical and not judicial. Again this ju
dicial power of the Supreme Conrt it
itaelf limited to cases arising under the
Constitution—that is toonestions arising
in the construction of the Constitution
after it is made, and not to tho making
itself. The political power makes tho
Constitution and the Judicial power con-
stanea it The. political power haring
proclaimed these amendments to be parts
of the Constitution, the . judicial "power
can have no jurisdiction to review or
reverse that procUmatipn, bnt can. only
decide, what the amendments, so pro
claimed, mean. The facts necessary , to
ratification, as recited bjr the political
power, most be accepted as true by the
Judiciary, and cannot bo ever judicially
qnestioned; for the judicial is not part of
the amending power. There is a vast
difference, in this Tespect, between the
making of the Constitution and the pass
age of laws under it after made.
But, I am asked, can usurpations be
come law. binding a people and courts ?
I reply, yes, easily, verily, and often.
As efforts the most patriotic failing, be
came rebellious, bo usurpation the most
glaring, succeeding, becomes laic. A
majority of human governments have no
origin save in usurpations. Indeed suc
cessful usurpation is tho strongest ex-
E ression of power, and law itself, in its
ist analysis, is only power.
In plain truth, human experience lias
discovered but one remedy for usurpa
tion. That remedy is preventive—not
curativetnlUfary-^not, civil. It is the
sword. To apply tliis remedy in this
case, the outh was Unable, and the
North unwilling. Conceding then, that
these amendments were usurpations,
they were successful, and have become
law—fundamental law—binding upon
tates and people, courts aud rulers. It
may have been criminal—was criminal—
to aid in committing a usurpation ; it is
crime itself to break the law. And thus
ewe bound,
But, again, we are told, tho Northern
people will discover their error, and a
reaction will lake place which will ob
literate these amendments Bnt it will
take three fourths ol the State to obliter
ate. Besides, I now Ik-1 ieve the follow
ing propositions may bo correctly assum
ed concerning tbo Northern people.
1. Feeling that their protection was in
their power rather than in tho law, they
have not been induced to understand
and learn the nature of their government
as their fathers did. What men do not
know they cannot love. Their govern
ment the Northern people know. They
know its power, in one sense, and, for
that, they love it. They do not under
stand its federative character and do not
love it.
2. The Northern peoplo believe that,
whst they understand to be the States’
tlieoiy, was the real source, and, there
fore, the ciuse of sesession, the war, and
all its consequences, Therefore they
hate that theory of our government.
3. Tho increase iu population, the great
accumulation of wealth the wonderful
growth of commerce and trade, the close
intermixture of many States and people
through tho agencies of -ailroads nnd
other improvements, require in the opin
ion of the Northern peoplo a strong
national government, they aro not likely,
on that account, to change them.
4’ Add to these views the well known
fact that the great body of the North
ern people regard the freedom nnd the
civil and political equality of the negro
ns great national, philanthropic and re
ligions results; aud you must agree with
me that the hope of a change at the
North, which would obliterate these
amendments must be abandoned.
If we could not hold the Northern
peoplo to the franchise system when
had it with all the sanctity of common
revolutionary struggles hallowing it, how
shall we induce them to return volunta
rily to that system nftor, as they believe,
they liave paid so much in treasure aud
blood to get rid of it. Iu a word, the
masses of the Northern people have been
taught to regard, aud do regard slavery,
secession and State rights, as words of
close affinity, if not of identical meaning,
and whether they are right or wrong in
their conviction there is no probability
of its early change.
The cuuelusion, then, is, that we have
a new National Constitution with new
and enlarged powers of government, es
tablishing new and different relations be
tween the General and Stato Govern
ments; nnd also a new system of industry,
with a now, if not anomalous, condition
of society.
How this new system will operate;
whether, under it, government will be
more stable ; the enjoyment of life, liber
ty nnd property more secure; whether
statesmanship shall be more elevated,
laws more respected and justly enforced,
and natural prosperity and moral
We are suffering for wise and honest
legislation. We c»n never get such legis
lation unless you »lect members whom
feed lobyists cami.it bny. A black man
who cannot be bought is better than a
white man who can, and a Republican
who cannot be bought is better than a
Democrat who c m. The worst possible
condition for any people as a bodv of ig
norant and vc iuil legislators under the
control of a ban; of professional lobyists
feed by unscrupulous speculators. No
government cm. i>e stable, and no connty
can be prosper ns if these things meet
no condemnation by, and oorrection
from, the people. *
BENJ. H. HILL.
December 8, 1870. . .
ILLEGAL V0TING. fi
To the Peoplo ol Georgia-
lenco advanced and increased ; whether
“tho magnetism of conciliated interests
and kindly sympathies” which so distin
guished tho old system can bo imparted
to the now, are all problems which expe
rience alone can solve, and upon which I
do not now propose to speculale.
But there are a few immediate and
pressing duties resnlting from the above
premises, to which I shall call your at
tention.
1st. It is the duty of qverv good citizen
tonbido and obey' the Constitution and
laws as they exist, precisely ns if he hod
'-operated in establishing and enacting
them. Because we disapproved a pro-
nosed law can furnish no excuse for
disobeying on enacted law. Every good
and trustworthy citizen will oppose if he
cau, and disapprove anyhow, a proposed
wrong; and every such citizen will like
wise obey an existing law and abide an
accomplished fact. If the citizens’ opin
ion of tho law, rather than tbe law itself,
furnished the measure of his obligation
to obey, it would be imjKissible to have
uniform rule, settled law, or stable gov
ernment.
2d. It was your opinion that the color-
l man was not prepared at once and in
discriminately to understand aud appre
ciate, and, therefore, to receive the great
trust of suffrage. But right or wrong,
wisely or unwisely, tho new fundamental
law lias been conferred upon him the
right to exercise that trust. It has,
therefore, becomo our duty ns it is also
interest, not only to permit and
sent to its exercise, but also to render
ready protection and cheerful assistance
to the colored man in its free, full and
unrestricted enjoyment. I know fellow
citizens, that you concur in these views
nnd do not need this admonition;
but there is no subject on which the
Northern people and the government
itself so greatly suspect your fidelity;
and, therefore, you well know how to
pardon this repeated counsel.
' 3rd. I respectifully suggest that the
time has arrived when duty does not re
quire, nor interest seek, a continuance of
the divisions on the principles and
events which havo led to our present con
dition. Their heroism in the field and
wisdom in the Cabinet during the war;
their fortitude under suffering, and
patience under wroug, since the war;
and, above all, the grandeur of that man
hood which they almost universally ex
hibited iu persistently withholding their
assent, under tho severest threats, from a
scheme which proposed to manacle in
telligence and virtue, ami turn loose
ignorance and vice to inaugurate govern
ment aud administer law, have madea
record of sincerity, devotion and sense
of honor for the outhern people which
time must ever brighten.,and discussion
cannot strengthen. Let us, therefore,
cease all quarreling-over tho past and
aU threatening fur the future, and man-
fully hnite^ our energies to bring lu)ck
jjjosperity, to our country and good will
among our pecple.
Touching the pending election I will
odd but one suggestion. .It is of seconda
ry importance whom else you cboose.for
your. General Assembly; but it is of first
importance that you choose honest men.
The corruption of the faction which
has seized upon tho government of this
State, for purposes oi fraud and plunder,
is.no-wUero more conspicuous than in
their attempts to prolong their power by
illegal voting in the election nowj at
hand, iu defiance alike of the constitu
tion of the State and the “Enforcement
Act” of Congress.
We beg to call your attention to two
of these attempts, for the purpose of
showing you that they are no less marked
by futility and nullity than you already
know them to bo by infamy. Ono of
these appears in certain provisions of the
recent Election Act. The 8th section of
that act provides that the managers of
election “skull not permit any person to
challenge any vote, or hinder, or delay,
or interfere with any other person in the
free and speedy casting of his ballot.’
Tho 7th section provides that even the
managers themselves “shall havq no pow
er to refuse tho ballots” (was the plural
number intentional ?) “of any male per
son of apparent full age, a resident of the
county, who has not previously voted at
the said election." These provisions are
directly iu the teeth of tho constitution
of the State and of the Enforcement Act
of Congress, tuul aro unconstitutional, null
aiul void. The constitution, iu tho 5th
section of tho 2d article, declares that
“the following classes of persons shall
Not be beemittkd to register, vote, or
hold office : First—Those who shall have
been convicted of treason, embezzlement
of public funds, malfeasance in office,
crime punishable by law with imprison
ment iu tho penitentiary, or bribery.
Second- Idiots or insane persons.”
The 19th section of the Enforcement
Act of Congress provides that iu auy
election for representative or delegate iu
Congress, any persou who shall “know
ingly aud willfully receive the vote of
any person not entitled to vote,” may be
punished to tho extent of three years
imprisonment, aud five hundred dollars
fine. Thus the constitution preemptori-
ly commands that certain classes of per
sons, including idiots, lunatics and felons,
shall not be permitted to vote ; and the
Enforcement Act provides that muna;
who permit such per so us to vote in
election for Congress, shall bo subject to
tho high penalty already mentioned.
Tho Election Act of tho Legislature de
clares that all these classes of persons
shall be permitted to vote without ques
tion of their right, although the mau-
agers may know that such persons are
prohibited from voting by the constitu
tion, and the managers aro prohibited
by the act of Congress from receiving
their votes. Was there ever greater ef
frontery of usurpation aud revolutionary
defiance of law ‘t Was ever any act of a
so-called legislative body more plainly
icoustitutional, null, and void ? Citi-
us or managers who can conceive them
selves to be bound by this part of tbe
Election Act will deserve to bo them
selves excluded from the ballot upon the
ground that they aro “idiots or insane
persons. If it be suggested that the
oath to be taken by the managers will
bind them to carry out all parts of the
Election Act, the answer is obvious and
conelus.ve. An oath to violate the con
stitution or a constitutional act of Con-
n be no more binding than au
oath to commit treason or murder, or to
break all the commandments of the De
calogue. Otherwise all the governments
of the earth, aud tho government of God
Himself might bo defeated and over
thrown by the power of illegal oaths pre
scribed by bad men. Men cannot swear
themselves out of their obligations to
their God or to the true laws of their
onntry. Bnt tho form of tho oath pre
scribed in this case contains a most im
portant qualification which removes all
difficulty as to its true construction or
tho extent of its obligation ; for it binds
tho managers to carry iuto effect not on
ly the provisions of this Act, bnt also “the
laws for holding elections.” Now, the
highest of all “laws for holding elections’
aro the constitution and Constitutional
Acts of Congress, and whenever any
mere Stato statute, or part of a State
statute, is in conflict with these, it
unconstitutional’, null and void, and
must be so held aud treated by all officers
and citizens. The only proper construc
tion of the outh, therefore, is that the
managers shall endeavor to carry iuto
effect all tho “Jaws for holding elections,
making those of inferior dignity yield to
those of superior obligation in ail cases
of conflict. Therefore, every manager
who believes either the constitution of
the State or tho Enforcement Act of
Congress to be a higher law than a
act of the State Legislature will be
bound, by the terms of the very oath it
self, to disregard that portion of the
State set which commands the managers
to receive votes which aro forbidden to
be received both by the oonstitntioo and
by tho Act of Congress.
But, in addition to the disqualifica
tions of voters already mentioned, the
constitution of this State prescribes
another, which is likely to be of far more
importance than all the rest in the elec
tion non' at hand. And the Enforce
ment Act applies to and enforces this
disqualification as well as all others pre
scribed by tho constitution of onr State.
We remark, in this connection, that neith
er the so-called 15th Amendment of the
Constitution of tho United States nor
the Act of Congress to .enforce it confers
the right of voting upon any one whom
soever. The Amendments, by its very
terms, simply provides that the right of
voting shall not be “denied or abridged
on account of race, color or previous
condition of servitude.” It leaves each
State perfectly free to deny the right or
abridge it for whatever other reasons
she may choose to prescribe: and the
Enforcement Act, following the same
idea, enforces bv heavy penalty all dis
qualifications prescribed by tho States,
with the single exception of such as
might be founded on “race, color or
previous condition of servitude- The
disqualification to which, we shall now
allude is not of the kind prohibited by
the so-called loth Amendment, and is
therefore one which, being expressly
prescribed by the constitution of The
State, is also directly enforced by the Act
of Congress. The constitution, in pre
scribing the qualifications of’ a -voter,
provides among other things, That he
: shall havo paid all taxes which may have
been required of him, and which he may f
havo had an opportunity of paying,
agreeably to law, for the year next pre
ceding the election.” Any person,
therefore, who has not paid hxs legal tax
es for the year 18G9—“the year next
preceding the election’’—is prohibited
from voting in the election now at hand
by the constitution ; and tho managers
of election are prohibited from receiv
ing his vote by the Enforcement Act of
Congress. And this brings us .to the
second of the two attempts to control
the approaching election by illegal votes.
It is found in an act passed by the Leg
islature, just before its recent happy ad
journment, declaring the poll tax lor the
years 1858, wjd 1875 to be illegal: and
void. The years 1808 and 1870 are
merely lugged in asa cover.'for. the real
and only design, which "was to give sub
servient managers (if such* could'haply
be found): a pretext for treating the un
paid poll tax of 1869 as a nullity, and
therefore, no obstruction in the'way; of
voting. Tho purpose vras to produce
contrivance which would allow the poor,
defaulting negro to cost his vote for the
benefit of his masters, although »he
should be afterwords prosecuted and sent
to the penitentiary, tinder the laws
against illegal voting. The only uncon-
stitutionality and nullity in this case are
to be found, not in the act imposing the
tax of 1869, but in tho infamous act now
under consideration declaring that pre
vious tax act to be unconstitutional and
null. T he power to pronounce judgment
of condemnation aud nullity upon acts
of the Legislature, belongs not to the
Lgislaturo but to the courts. It is true
the Legislature may repeal an act on the
groufid of its unconstitutionality: or on
any other ground which they may see
fit to assign, and they may often, without
impropriety, give the moral weight of
their opinions touching constitutional
questions, when they are so compose as
to have any moral weight; but they have
no power to affect the legal validity of
any act, while it remains unrepeoled, or
ior the period during which it may have
remained unrepealed on the Statute
Book. This declaratory act is then noth
ing but tho opinion of the Legislature ;
or rather the profession of an opinion,
for we do not believe that a single per
son who voted for it was ignorant enough
to sincerely entertain the opinion which
it expresses. But to make the most of
it, it is only an opinion, and must stand
or fall upon the validity or invalidity of
tho reason on which it is grounded.
The substance of that reason, as given
by tho Legislature itself, is, that the
constitution allows no poll tax to be levi
ed, except for educational purposes, and
that the poll tax for the three years men
tioned has not been applied to education
al purposes, there having been, and yet
being, no system of general education or
common schools established by tho Legis
lature as required by the constitution.—
It is very true that this Legislature have
infamously refused to apply the tax as
the constitution required them to do;
and it is also true that in so refusing, they
havo not only broken their oaths, but
liave defrauded the poor children of the
State, and particularly the colored chil
dren, of the educational advantages which
the constitution intended to' secure to
them. Bnt what has the misapplication
of this tax to do with the validity of
its imposition Obviously the only
constitutionality in this case is not u
act levying tho tax, but in the subsequent
acts converting it to unconstitutional and
fraudulent rses. But the reason given,
even if it had any force at all in it, ap
plies only to the tax that has been col
lected and frodulently misapplied; not at
all to that which remains yet unpaid. If
is only tho unpaid tax which keeps met
from voting. Cau anybody be so ex
cessively weak os to believe that the Leg
islatnre had no power to levy a tax for
‘educational purposes” without frst
■(instructing and putting into operation
“ a By stem” of general education or com
mon schools? This is equivalent to
ing two very absurd things—first, that a
system of general education or common
schools, is the only possible education'
al purpose; and second, that tho only
constitutional way to inaugurate a system
of general education or common schools
is to go in debt for it, and that the
Legislature cannot provido itself with
the means for performing a constitution
al duty unless it first performs the duty
without tho means. The only part of
this act which has any validity is that
which prohibits the tax collectors from
making any farther collections of the poll
tax. The Legislature may undoubtedly
suspend tbe collection of any and all
taxes at its pleasure, bnt it cannot change
facts which already beloDg to the past—
The poll tax of the year 1809 was long
ago “required” of every voter in the
State; every voter has had ample oppor
tunity in the past to pay It “agreeably to
law;” it remains unpaid by thousands
and thousands of those who would be
legal voters if they had paid it; it cannot
now be paid, for its collection has been
suspended by law; but it was constitution
al and valid when it was “required,” and
has not been and could not be rendered
unconstitutional or invalid by the subse
quent absurd declaration of the Legisla
ture; and it stands and must stands to
tho end of the election, as a constitution
al mandate prohibiting every person who
has not paid it from voting, and binding
alike upon every citizen and managers
of the election. If the managers shall
disregard it by violating their oath to
carry into effect all tho laws for holding
elections, tho citizens at least can en
force it by getting oat worrauts and ar
resting every person who votes in viola
tion of it. Voting before errving ni
the age of 21 years is the only illegal
voting which falls below the grade of
felony under the laws ol this State; all
other illegal voting, including voting
without payment of taxes for the year
preceding the election is felony, and
therefore leaves tho offended no benefit
from the 7th section of the constitution
exempting voters from arrest for a limit
ed time and for smaller offenses. Let it
also be specially noted that the disabili
ty arising from failure to pay the poll
tax of 1869, cannot now be removed by
payment nor by on offer to pay. The
third section of the enforcement act can
not help the difficulty, because there ii
no officer now authorized to receive pay
ment aud no legal offer to pay can now
be made. Any default of payment now
existing is chargeable only to the default
er and can not be ascribed to tbe wrong
ful refusal or omission' of any officer to
receive payment since the passage of the
act prohibiting collectors from proceed
ing collectors from proceeding with the
collection of tho poll tax. As the tree
has fallen, so must it lie.
Ereemen of Georgia! The wrong
tended to be perpetrated upon yon is
enormous. The pretexts which are used
toyeil.it are flimsy, absurd and infa
mous. The remedy is obvious and effec
tive. If the managers refuse to use, it is
A PROCLAMATION.
By R«fns B. Bullock, Governor
of Georgia.
EXECUTIVE DEPARTMENT,, *
December IS, 1870. * (
To aij. SHsnirrs, Dmm Bssasm, Mabsham,
Etc., axo to rax People or Georgia:
Your attention is earnestly invited to
the following laws relating-to elections.
It will thus be seen that the Legislative
Department of the Government has done
its duty in the direction of providing laws
whereby peace and good order may be
maintained the time of holding the elec
tion, tunl it only remains for the officers
charged with the execution of these laws
to see to their observance, and to tho ar
rest .ofauch persons as willfully violate
them and thereby endanger the lives of'
citizens.
Now/therefore,’ to the end that no in
centive-ma>r be wanting to induce the
rigid execution of these laws, I hereby
issue this, my proclamation, offering a
reward of Olfe HUNDRED DOLLARS
for tho arrest and conviction ol each and
‘every person who may violate either or
both of said laws. The laws are at fol
lows c
AR AOX TO CABBX IISXO J5TFBCX SECTIOM 8,
ARTICLE 2, Of THE CONSTITUTION OP TOE
STATS,
Section L Be it enacted by the
Senate and House of Representatives in
General Assembly met. That from and
immediately after the passage of this Act,
if any person shall sell intoxicating
liquors on the election days at or within
one mile from the city, town or precinct
where elections may bo held, he shall
be guilty of a misdemeanor, and on con
viction thereof, shall be fined in a sum
not exceeding fifty dollars or imprison
ment in tho common jail of the county
not exceeding ten days, or both, at the
discretion of the Court, for each and
every offense.
“ Section 2. Repeals oonfiioting laws.”
Approved, March 19,1869.
I ACT TO PRESEBVK THE PEACE AND HAIt-
3NY OF THE PEOPLE OF THIS STATE, AND
FOB OTHER PURPOSES.
“Section 1. Be it enacted by the Sen
ate aud House of Representatives of the
State of Georgia in General Assembly
on vened, That from} and immediately
fte r the passage of this act, no person in
said State of Georgia, be permitted or r.l
lowed to carry about his or her person
any Dirk, Bowie Knife, Pistol or Re
volver or any kind of deadly weapon to
any conrt of justice or any election
ground or precinct, or any place of pub
lic worship, or any other .public gather
ing in this State, except militia muster
grounds.
“Sec. 2. Be it further enacted. That if
any persen or persons shall violate any
portion of the above recited section of
this act, he, she, or they shall be guilty
of a misdemeanor, and upon conviction
shall be punished by a fine of not lesa
than twenty nor more than^fltty dollars
for every such offense, or imprisonment
in the common jail of the connty, not less
than ten nor more than twenty days, or
both, at the discretion of tho Court.
RUFUS B. BULLOCK,
Governor.
A Novel Question of State Rights.
An interesting suit is now pending in
the Surrogate’s Court, in New York, in
volving the right of a citizen to bequeath
’ estate to the General Government
iny purpose. The circumstances
briefly, as follows: Mr. Charles
Fox, formerly a resident of this city, and
who died during 1869, left a considera
ble estate, including a number of up
town lots, cash and bonds; to the total
value of half a million of dollars. Hav
ing neither wife nor children, Mr. Fox
made a will in which he bequeathed the
whole of his fortune to the United States
as sole legatee, to bo “devoted to the
payment of the debt incurred by tbe
Government in the war for the subjuga
tion of the rebellion in Southern States.”
This extraordinary will was presented iu
due conrse for probate, and two nephews
of the deceased, of whom no mention is
made in the will, appeared to contest it
—presenting a petition to have it Bet
aside on the gronnd of the illegality of
its provisions. On behalf of the United
States it is claimed that the General Gov
ernment, in right of its soveriegnty, can
not only take property given or devised
to it, butcan bring suit to recover in eith
er United States or Stato courts.
On behalf of the appellants it is urged
that the General Government lias no
right to hold real estate by devise, with
out the consent of the Legislature of the
Stato in which such real estate is located,
as the United States is a corporation
whose charter is the Constitution, by
which it is not authorized to hold real
estate by devise. It is further claimed
that there is no authority by whicha man
can devise his property to the United
States, as no such authority has ever
been conceded by tho State Government;
that the State of New York has sovereign
control over its own territory, and with
out the special authority sometimes con
ferred upon it, the General Government
has no right to take even a stone; and
that, as nO such power has been granted
in tho present instance, the General Gov
ernment cannot hold this real estate any
more than on alien power—Great Brit-
' i or the Republic of France, forex-
. pic. By its ratification of the Consti
tution of the United States of New York
agreed to the surrender of a certain por
tion of its sovereign rights, but no agree
ment baa ever been entered into between
the National and State Governments by
which the latter consents to the former
by citizens holding it iu fee simple. The
question thus raised is odc ef much in
terest, nnd the decision of the suit will
establish an important precedent—New
York Bulletin.
still largely in yoar own hands. We ex
hort you to use it with manhood
and unflinching firmness. In doing so,-
you will not bo.violating.law, but only
enforcing it and saving it from violation
by others. '
" R.-Toombs. '.*> *
Linton Stephens.
Contemplated Confiscation of Bran
dt in Bond.—The new Tariff act, which
takes effect January 1, provides that all
brandy and spirituous liquors in pack
ages of less capacity than fourteen gallons
each shall be forfeited to the United
States. For the convenience of purchasers
casks have been imported of fen gallons
each, in a box or package containing four
such. The enforcement of this provision,
if by decision of the department goods
bond on the 1st of January are includ
ed, will forfeit a large amount of brandy.
The question is up for construction as to
whether the law relates entirely to goods
imported after that day, Dr goods then
found in bond.—News.
t&- AU in need of Christmas or Rri-
dal presents, shoffld go at once to LETT-
NER & PRICKER'S, and buy. Read
their hew advertisement