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The Weekly Sumter republican. (Americus, Ga.) 18??-1889, December 23, 1870, Image 1

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— = TTIT? WIjWT y qtt wtm D 1 m ippi [DTTri A \T ; ' 1 H vi WMjiLLi ou 1V11 Hi J m J tJ uxT dMIjA 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