Newspaper Page Text
lull loN, MSBET&BARNES,
>’Ai>iishers and Proprietors.
.MM. II. MIMBET.’i
TE K n rt.
THE FEDERAL UKTIOTI,
published Weekly, in the Darien Dank Building,
At $2 00 per Annum, payable in advance,
S2 50 if not paid within three months, and
!>3 00 if not paid before the end of the year.
K ITE* OF ADVERTISING,
Per square of finite lines.
One insertion SI 00, and Fifty Cents foreach sub-
scqnent continuance.
'1 >',e sent without a specification of the number
of insertions, will be published till forbid, and
charged accordingly.
]i:i»i;icss or Professional Cards, per year, where
they do not exceed one square - - - $10 00
\ HI,mil contract trill lie wade with those who wish to
Advertise by the year, occupying a specified space.
LEGAL ADVERTISEMENTS.
Side? of Land and Negroes, by Administrators,
Executors or Guardians, are required by law to be
li.'. l on the First Tuesday in the month, between
t ■ hours of 10 in the forenoon and 3 in the after
noon. at tiie Court House in the County in which
th property is situated.
Notice of these sales must be (riven in a public
pi,: ttc 40 days previous to the day of sale.
r Notices for the sale of personal property must be
n in like manner 10 days previous to sale day.
Notic is to the debtors and creditors of an estate
j , i-t also be published 40 days.
v ,rice tiiat application will be made to the Court
,.f i ir linarv for leave to sell I and or Negroes, must
l,i' published for two months.
Citations for letters of Administration, Guardian-
thip, Ac., must be published 30 days—for dismis-
u from Administration, monthly sir months—for
dismission from Guardianship, 40 days.
Ru'-’-s for foreclosure of Mortgage must be pub-
! : 1 monthly for four months—for establishing lost
papers, for the full space of three months—for com-
ji -lliug titles from Executors or Administrators,
whore bond has been given by the deceased, the
full space of three months.
Publications will always he continued according
to these, the legal requirements, unless otherwise
ordered, at the following
RATE Si
Citations on letters of Administration, A c. $2 75
“ “ dismissory from Admr’on. 4 5ft
“ “ “ Guardianship 3 ftft
Leave to sell Land or Negroes 4 ftft
Notice to debtors and creditors ' 3 ftft
Sales of persponal property, ton days, 1 sqr. 1 5ft
Sale of land or negroes by Executors. Ac. 5 Oft
Estrays, two weeki 1 5ft
For a man adverrisincr his wife fin advene* 1 ! f> ftft
VOLUME XXVI1.]
M ILLEDGEVILLE, GEORGIA, TUESDAY, MARCH 24, 1857.
[NUMBER 43.
SWAN k CO’S., LOTTERIES.
CAPITAL PRIZE
0^^50,000!!!^)
Owing to the great favor with which our Single
Number Lotteries have been received bv the pub
lic, and the large demand for Tickets, the Mima
gers, S. Swan & Co., will have a drawing each
S.aturd-y throughout the year. The following
Scheme will be drawn in each of their Lotteries
for March, 1857.
CLASS 29,
To he drawn in the City of Atlanta, Ga.. in public,
O/e Saturday, March 2Sth, 1857.
On the plan of Single Numbers. Three thous
and two bundled and sixty prizes. More than one
prize to every ten tickets. 3ft,0ftft tickets.
MAGNIFICANT SCHEME!
MONTHLY CITATIONS.
GEORGIA. Baldwin county.
Y|7"HE1IEAS, Seaten Grantland. Executor of
TV the last will and testament of Charles Wil
liamson, deceased, has tiled his final account, and
petitions the Court for letters dismissary.
These are therefore to cite and admonish all per
sons adversely concerned to file their objections
within the time prescribed by law.
Given under my hand at office, this 19th Jan
uary, 1857.
34 mtim. JOHN HAMMOND, Ora'rv.
1 Prize of
$59,001)
1 Prize of
5,00ft
1 “
20,000
1 “
4,00ft
J “
1ft, 000
1 “
3,000
1 “
9,i)00
I “
2,000
1 “
8,000
1 “
l.ftftft
1 “
7,000
100 Prizes of
I0(i
l “
6.000
100 “
5(1
APPROXIMATION PRIZES.
4 I
rizes of $250 apx
to $50,01)0 prz
are $ 17000
4
“ 200
20,000
* 800;
4
“ 100 “
19,000 "
“ 400
4
“ 80 il
9,000
‘ 3201
4
“ 65
8,000
1 26ft I
4
“ C) “
7,1/90
‘ 24ft |
4
41 55 “
6,1X10
‘ 22ft |
4
44 50
5,ftft0
‘ 20ft I
4
“ 45 “
4,000
“ 18ft |
4
“ 4ft “
. 3,000
‘ 160!
4
“ 30 “
2,000
‘ 12ft !
4
“ 25 “
1,000
1 loo!
3000
“ 20 are
G r >,0 >0 !
1
3,260 Prizes amounting
to
$204,000 i
GEORGIA. Baldwin county.
TVr HE RAS, Eliza Scogin, Administratrixr on
T V the estate of Win. D. Scogin late of said
county deceased, applies to the Court for letters
of dismissory.
These are therefore to cite and admonish all per
sons adversely concerned to file their objections
on or before the first Monday in September next.
Given under my hand at office, this 9th Febru-
arv, 1857.
37 niton.JOHN HAMMOND, Ord’ry
GEORGIA, Baldwin county.
YtTHEREAS, Margaret Little, Administratrix
* T and James F. Little. Administrator on the
estate of Allen Little late of said county deceased,
make application to me for letters of Dismission.
These are therefore to cite and admonish all per
sons adversely concerned to file their objections
within the time prescribed by law.
Given under mv hand at office this 31st Dec.
1856.
32 mfim. JOH N HAMMON D, Ord’ry.
MONTHLY CITATIONS.
y of tr n.
GEORGIA, Jasper County.
WHREEAS, John Stephenson and Jno. Faulk-
* V ner, Executors of the last will and testament
of Anthony Peeler, late of said county, deceased,
applies for letters of dismission from the adminis
tration of said estate.
Therefore the kindred and creditors of said de
ceased are hereby cited to file their objections (if
any they have) on or before the first Monday in
April n> xt, otherwise letters dismissory will be
granted the applicants.
Bv order of Court.
P. P. LOVEJOY, Ord’y |
Oct. 4, 1856. 20 in6m.
GF.ORGIV Jasper County.
'IY r HEREAS, William G. Smith, Administrator
T T on the estate of Thomas R. Smith, applies j
to me for Letters of Dismission from said Admin- I
istiation.
These are therefore to cite and admonish all per- j
sons concerned to appear at my office within the ]
time prescribed law. and show cause, if any they J
have, tfhy-said letters should not he granted. j
Given under m v hand at office, this J6th January, I
1-57. 35 niiim P. P. LOVEJOY, Ord y.
BIS I \ ESS HKDS
Messrs. A. H. & L. II. KENAN.
Are Assort vted is the Practice of Law
Office 1st Door vj><m 2d Jloor of
MASON 1C HALL.
Jan. 23d, 1857. 35 tf.
32 Iv
A.
32 ly*J
E> i:
W. l» A li It K 15 ,
.1! iarwtj rtf t.nsr.
COLQUITT, GA.
14. II ’ L A M S,
Attorney at Law,
BLAKELY, GA.
A 81
.Hilton. If'illiinsoit County t*et■,
Ti.sor.KS iiis Professional services to the citizens
oi' Wilkinson county. [Jan. (i,57, ly
THOU 4S J. COX,
ATTORNEY AT LAW,
NEWTON, Baker county, Ga.
March 18, 1856. 42 tf
SR. CHAS. K. IIALL,
.VliUedgevillc, ft ft■
Office near the Court House. Country
CALLS PROMPTLY ANSWERED.
June 24th, 18,56. 4 tf
tills. Id Nil* BUT,
A T T O II A r E Y AT LA TV,
Cuthbert, €»'«.
April 3d, 1854. 44
GRIEVE A GRIEVE,
ATT O 11 N EYS A T L A IV,
MILLEDGEVILLE, ga.
MILLER GRIEVE, SEN’. MILLER GRIEVE, JR.
Oct. 7th, 1856. 19 tf
WALKER O. VEWELL,
A T T O lc X E Y A T L A TV,
G ly IRWINTON, GA.
JOHM G THOM A Si,
ATTORNEY & COUNSELLOR AT LAW,
AMERICUS, GA.
W ILL at end all the Courts of the South-
Western Circuit.
May 2ft, 1856. 51 ly
THOS. T. LO.\G,
A T TO Ji N E Y AT L A W,
BRIKSWICK, GA
\\7 ILL practice in the Courts of Glynn, Wayne,
v* Camden, McIntosh, Liberty and Chatham,
of the Eastern Circuit; Charlton, Lowndes, Clinch,
Ware and Appling, of the Southern; also, Duval
c'uinfv. Florida. 51 ly
J. A VY J. KELLEY,
cosnnssiox and forwarding
CHATTANOOGA, TENN.
Sep.. 2,1856. 14 ly.
WHOLE TICKETS $10. H ALVES $5, QUARTERS $2J.
PLAN OF THE LOTTERY.
The Numbers from I to 30,000, corresponding
with those Numbers on the Tickets printed on
separate slips of paper, are encircled with small
tin tubes and placed in one Wheel.
The first 212 Prizes, similarly printed and en
circled, are placed in another wheel.
'I lie wheels are then revolved, and a number is
drawn from the wheel of Numbers, and at the same
time a Prize is drawn from the other wheel. The
Number and Prize drawn out are opened and ex
hibited to the audience, and registered by the Com
mission* rs; the Prize being placed against tlie
Number drawn. This operation is repeated until
all the Prizes are drawn out.
Appro/imntion Brizes.—The two preceding and
the two succeeding Numbers to those drawing the
first 12 Prizes will he entitled to t lie 45 Approxima
tion Prizes, according to the scheme.
The 3,ftftil Prizes cf $29 will be determined by
the last figure of the Number that draws the $50,-
OftO Prize. For example, if the Number drawing
the $50,009 Prize ends with No. 1, then ali the
Tickets, where the number ends in 1, will be en
titled to $20. If the Number ends with No. 2,
then all the Tickets where the Number ends in 2
will be entitled to $21, and so on toft.
Certificates of Packages will be sold at the fol
lowing rates which is the risk:
Certificate of Package of 1ft Whole Tickets, $3ft
“ “ 10 Half “ 40
“ “ 1ft Quarter “ 20
In ordering tickets or certificates, enclose the
money to our address for the tickets ordered, on
receipt of which they will be forwarded by firs!
mail. Purchasers can have tickets ending in any
figure they may designate. The list of drawn
numbers and prizes will be sent to purchasers im
mediately after the drawing.
Purchasers will please write their signatures
plain, and give their post office, county and State.
Remember that every prize is drawn and payable
in full without deduction. All prizes of $1,000
and under, paid immediately after the drawin
other prizes at the usual time of thirty days.
All communications strictly confidential.
Prize tickets cashed or renewed in other tickets
at either office. Address orders for tickets or cer
tificates, either to
S. SWAN & Co., Atlanta, Ga. .
or S. SWAN, Montgomery, Ala. j
i GEORGIA, ? Court of Ordinary,
Jasper County. ) March Term, 18.57. i
Present, P. f.OI 'HJtt iOrdinary.
I T appearing to the Court, by the petition of Le
roy Waits and William B. Waits, that Thomas j
! K. Slaughter of said county, deceased, did, in his j
| life time, execute to Isaac Langston and John E. j
i Langston his bond, on certain conditions, to exe- j
i cutewaranty titles in fee simple to a certain tract
| of land situated in said county, containing three I
hundred acres, more or less, and it further appear- i
ing that said Thomas K. Slaughter departed this
life without executing titles to said tract of land,
or providing therefor, and it further appearing that
said Langston did on the 2d of November, 1856, j
for a valuable consideration, transfer said bond to :
said Leroy and Wm. B. Waits, and that said I
Waits have paid the full amount of the purchase !
money for said lot. of land, and said Waits having j
filed their petition in Court, praying that James j
M. Williams of said county, administrator, and j
Matilda Slaughter of the county of Butts, admin- I
istratrix of said Thomas K. Slaughter, deceased, j
be ordered and directed to execute vvarauty titles j
in fee simple to said tract of land, in conformity j
with said bond. It is, therefore. Ordered, that no-1
lice he given in the Federal Union of such appli- j
cation as required by law, that ail persons con- j
corned may file their objections in the Ordinary's !
| Office, if any they’ have, why said James M. Wife j
liams, administrator, and Matilda Slaughter, ad- I
lninistratvix, of said Thomas K. Slaughter, as afore- j
said, should not execute titles to said land in con- j
forniity with said bond.
A true extract of the minutes of Court, March !
4th. 1857.
41 3m. P. LOVEJOY, Ord’v. I
GEORGIA, Baldwin county.
"YIT’HEREAS, Robert 15. Lester. Administrator
TV on the estate of Eli Lester deceased, makes
application for letters of Dismission from said Ad
ministration.
These are therefore to cite and admonish all
persons concerned to file their objections to the
granting of said letters, if any, within the time
prescribed by law.
Given under my hand at office this 30th Dec.
1856.
32 m6m. JOHN HAMMOND, Ord’rv.
GEORGIA, Pulaski County.
J OHN W. CARRUTHERS, Administrator dr
bonis non of Del, a mar Clayton late of sa.id
county’, deceased, having made application tome
for letters of dismission from said estate.
These are therefore to cite and admonish all per
sons interested to he and appear at my office with
in the time prescribed bylaw, to show cause, if any’
they have, why said letters should not be granted.
Given under my hand and official signature this
Feb. 3d, 1857.
38 6m R. C. CARRUTHERS, Ordy.
GEORGIA, Jasper County.
VVTllEKEAS, Alfred Cuthbert, administrator np-
TT on the estate of the lion. Alfred Cuthbert,
late of said county, deceased, applies-for letters of
dismission from the administration of said estate.
Therefore all persons interested are hereby cited
and admonished to file their objections (if any
they have) in my office, in terms of the law, other
wise letters dismissory will be granted the appli
cant at the May Term next of the Court of Ordi-
dinary for said county.
Bv order of Court.
P. P. LOVEJOY, Ord’y.
November, 1856. 26 mtim
GEORGIA, Jasper County.
TYTHEREAS, James M. Newton, Administra-
TT tsr on the estate of Mary Jones, deceased,
applies to me for Letters of Dismission from said
estate.
These are therefore to cite and admonish all per
sons concerned to he and appear at my office with
in the time prescribed by law to show cause, if.
any’ they have, why said letters should not be j
grunted.
Given under my’hand at office this ICth Janua- I
ry. 1857. 35 mfim P. P. LOVE JOY. Ord’y. j
GEORGIA, Pulaski County’.
D AVID ROLAND, Administrator of Wm
len having made application for letters of dis
mission from said estate. These are therefore, to
cite and admonish all persons interested to be and
appear at my office, within the time prescribed by
law, to show cause, if any they have, why said let
ters should not be granted.
Given under my hand and official signature this
3d February 1857.
38 6m R. C. CARRUTHERS, Ord’y.
GEORGIA, Twiggs County.
"YIT’HEREAS, Hilliard S. Newby, Administrator
TT de bonis non, on the estate of Hillorv Hasty
late of said county, dec’d., applies to me for let
ters of dismission from said estate he having
faithfully executed the trust reposed, as will more
_ fully appear from the records and vouchers of file
I in my office.
,, | These are therefore to cite and admonish all and
‘ " 1 singular the parries at interest in said estate to he
ami appear at my office on or by the first Tuesday
in July next, then and there to show cause, if any,
why said letters may not be granted.
Given under mv hand officially, Marion Dec’r.
2d, 1856. 2- m en LEWIS SOLOMON, Ord’y.
GEORGIA. Pulaski County.
C l M. BOZEMAN, Administrator de bonis non j
)• of Nathan N. Lester, deceased, having made ?
application, in terms of the law, ior letters of |
dismission from said estate.
These are therefore t > cite and admonish all per
sons interested tube and appear at my office with
in the time prescribed by law, to show cause if any
they have, why said letters should not be granted.
Given under my hand and official signature this
February 3d, 1857.
38 6m R. C. CARRUTHERS, Ord’y.
GEORGIA, Twiggs County.
\\THKRUAS, Win. S C. Jessop, administrator
» T de bums non, with the will annexed, of Saijnuel
Jessop, late of said county, deceased, applies to
me for letters of dismission from said estate, he
having faithfully executed his trust, as will more
I fully appear by reference to the returns and vouch
ers of tile.
These are therefore to cite and admonish all and j
singular ihe kindred and others concerned, to be |
and appear at my office o:i or by the first Monday j
in July next, then and there to show cause (if any) i
why said letters may not be granted.
Given under my hand officially, at Marion, Dec. I
1st, 1856.
25 niiim LEWIS SOLOMON. Ord’v.
GEORGIA, Pulaski County.
"V^ELSON CLAYTON and Frances D. Clayton,
Administrators of De Lamar Clayton late of
said county, deceased, having applied to me for
Letters of Dismission from said estate. These
are therefore to cite and admonish all persons in
terested to be and appear at office within the time
prescribed by law, and show cause, if any they
have, why said letters should not he granted.
Given under my hand and official signature this
Feh. 5th, 1857.
38 6m R. C. CARRUTHERS, Ord’y.
GEORGIA, Pulaski County.
C t M. BOZEMAN, Administrator of Charles
I, Harvey late of said county, deceased, having
made application for letters of dismission from said
estate. These are therefore to cite and adminisli
all persons interested to be and appear at my of
fice, within the time prescribed by law. and show
cause, if any they have, why said letters should
not be granted.
Given under my hand and official signature
this February 3d. 1857.
38 6m ‘ K. C. CARRUTHERS. Ord’y.
GEORGIA, Pulaski county.
"IVTIIEKEAS Wm. G. Wood applies to me for;
T T letters of Dismission from the estate of Jere
miah Coney, late of said county deceased.
These are therefore to cite and admonish all and i
singular the kindred and creditors to be and appear
at my office within the time prescribed by law, to
show cause, if any they have, why said letters
should not he granted.
Given nuder mv hand at office this Oct. 15th,
18.56.
21 mtim R C. CARRUTHERS. Ord’v.
‘•JIt Home.”
A waud’rer in a cheerless land,
• Uncared for where I roam !
Yet, still, my heart, with silken chords
Is linked unto my home !
Oft, in a melancholy hour,
Doth, sweet remembrance come.
And hind me with its pensive power.
More strongly to my Home !
I've stood upon the sea-washed deck,
’Mid black despair and storm,
And braved the horrors of the wreck,
And death in varied form ;
E’en then, each surge, with snowy form
That rushed me swiftly by.
Like mingled voices from my home,
Seemed bidding me good-by !
Where bnoyant feet to music beat.
Amid the festive dance.
And lip met lip with nectar sweet,
And eye the blushing glance,
I've mingled: yet my heart was sad
Ami weary with the throng,—
No charms for me the music had,
No gladness in the song.
For even then, soft o’er my soul,
Like perfume from Spring dowers,
A silent, melting music stole
Fresh from my natal bowers.
Oh, sacred spot! more dear to me
Then all the pearls of ocean :
For thou hast treasures, rich and rare.
Which claim my heart’s devotion!
And Mem’ry ’twere indeed a "waste”
Of withered hopes, and gloom,
But for the green-spot on my heart—
Th’oasis of my Home. ,
Can I forget the simple prayer,
“Father, who art in Heaven !”
Repeated from ray mother's lips,
When meekly bowed at even?
Can I forget the manly voice,
Heard in my youthful days,
Which called me to my father’s knee,
lu censure or in praise?
-Can I forget my brother, true,
My sister, gentle, kind ;
And all the simple joys of youth,
By innocence reliued ?
No! they are twined about my heart,
And iviedround my soul;
And never will they wither off
Till I am pale and cold.
When I shall sink beneath the stream
Of life’s unnumbred ills,
Oh, take me back and let me dream
Beneath my native hills!
Tnskegee, March 11, 1857,
The Poor tlan's Grave.
By Eliza Cook.
No sable pall, no waving plume.
No thousand torchlights to illume,
No parting glance, no heavenly tear
Is seen to fall upon the bier.
There is not one of kindred clay
To watch the coffin on its way;
No mortal form, no human breast
Cares where the pauper’s dust may rest.
But one deep mourner follows there,
Whose grief outlives the funeral prayer;
He does not sigh, he does not weep,
But will not leave the sodless heap,
’Tis Le who was the poor man's mate,
And made him more content with fate—
The mongrel dog that shared his crust,
Is al! that stands beside his dust.
He bends his listening head as though
He thought to hear that voice blow ;
He pines to hear that voice so kind.
And wonder why he’s left behind.
The sun goes down, the night is come,
He needs no food—he needs no home;
But stretcehd along the dreamless bed,
With doleful howl calls back the dead.
The passing gaze may coldly dwell
On all that polished marbles tell;
For temples built on churchyard earth
Are claimed by riches more than worth.
But who would mark with undimed eyes,
The mourning dog that starves and dies ?
Who would not ask, who would not crave
Such love and faith to guard his grave?
:-tate ;
HINES &, HOBBS,
ATT ORE IBS AT LAW,
ALBANY, GA.
Practice in Dougherty and the surrounding C'ouii
ties, in the U. S. Circuit Court, for the South
ern District Georgia, and in any county
in the State by special agreement.
New Your—Carhart, Brother A Co., Wolfe &
Bishop; Alexis, Bragg A Warren; E. A R. R.
Graves; Havilland, ilarral A Kisley ; A. P. Hal
sey, Casli’r B’k N. Y.
Savannah. G v—Belden & Co.; Bacon & Levy:
( ie ver & Co ; Patten, Hutton A Co.; Rogers A
Norris; C. II. Campfield, Esqr.
t'MAKi.ESTON. S. C.—Dewing, Thayer & Co.;
< hanibeilain,MilerA Co.; J. A E. Bancroft; E.B.
M m),lard A Co.; T. N. Horsey A Co.; P. A.
Moise. Esqr.
-Macon, Ga.—E A. A- J. A. Nishet: Poe &l
Co; .1 L. Jones, Esqr.; I. C. Plant, Esqr., Edwin j
Grans. Esqr,; Asher Ayres, Esqr. 33 tf
1 itovAS Hardeman. Jn. J. \\ Griffin, j for a certain note made payable to Nathan |
SI A. R. 13 E A. Yv & G-EISTZN, !j. Cannon, for thirty-nine 48-lfttt dollars, dated
IV U fit V J i D /.' / > v I January 1857, with interest from date, signed bv
* ’ 'JLdLt iS.l L/Iu feliHC lO, | j p H ’„ dgoni as sai<1 not<! or (luc . l,ni has been
D EALERS IN WINES, LIQUORS, TOBAC- j lost and "unpaid. N. J. CANNON.
CO. SEGALS and Groceries of every de- 1 Irwinton, Ga., Feb. 6th, 1857. 37 3m
A'otice lo Debtors anil Creditors.
V LL persons having demands against the
of John D. Pitts, late of Jasper county de- j
ceased, are hereby notified to present them to me j
iu legal form for payment. All wlio are indebted !
to said estate will please make immediate payment j
to the undersigned.
F. M. PITTS, Adm'r. i
Feb. 26th, 1857. 41 lit. j
Notice lo Debtor* anal Creditors.
F 1REDITOKS of Josiah M. Wooten, late of Bald-
V.' win county deceased, are notified to present'
their demands, and those indebted to said deceased !
to make payment to ANN WOOTEN, Ex’r. j
March ltitb, 1857. (i. II.) 41 6t.
GEORGIA. Pulaski County.
WniERUAS, Wm. Connor, administrator
TV on the estate of Ellen Jordan, late of said
county, deceased, applies to me for letters of dis
mission from said estate.
These are therefore to cite and admonish all per
sons interested to be and appear at my office with
in the time prescribed by law, to show cause, if
any they have why said letters should not be
granted.
Given under my hand and official signature this
Jan. 12th, J857.
31 mlim R. C. CARRUTHERS, Ord'y.
GEORGIA. Pulaski County.
A VfllEREAS. Annie Adams, administratrix of
\ Bryant Adams, applies to me for letters of
dismission from said estate.
Thesoare therefore to cite and admonish all per
sons interested to be and appear at my office wilh-
in the time prescribed by law, to show cause, if
any they have, why said letters should not be
granted.
Given under tnv hand and official signature this
Jan. 12th, 1857. *
34 niGm R. C. CARRUTHERS. Ord’y.
GEORGIA, Twiggs County.
YXy r HEREAS, James Pearson, administrator on
vv the estates of Minor Tidwell and Thomas
Crawford, late of said county, deceased, applies
to me for letters of dismission from the same, he
having executed his trust according to law, as will
more fully appear from the records and vouchers
in file.
These are therefore to cite and admonish all and
singular the kindred and others concerned, to be
and appear at my office on the first Monday in
May next, then and there to show cause (if any)
why said letters may not be granted.
Given under my baud officially, Marion, Oct.
20th, 1856.
22 mfim LEWIS SOLOMON, Ord'y.
GEORGIA, Twiggs county.
T\ r lIKRKAS, Ishara G. Andrews, Administra-
T? tor on the estate of James W. Andrews, late
of said county deceased, applies to me for letters
of Dismission from said estate, he having fully ad
ministered the same as will more fully appear by
reference to the record and vouchers of file in my
office.
These are therefore to cite and admonish all and
singular the kindred and others concerned to be
and appear at my office on or by the first Monday
in August next, then and there to show cause, if
any, why said letters may not he granted.
Given under my hand officially at Marion this
January 12th, 18-57.
34 mtim. LEWIS SOLOMON. Ord’ry.
GEORGIA, Irwin County. I
TYTHEREAS, James L. Wilcox, administrator j likely he was, though he had not the sligh-
H on the estate of James V. Hollingsworth,
deceased, applies to me for letters of dismission
from said administration.
WHEREAS, Redding F. and David E. Hun
ter, administrators on the estate of Elijah Hunter,
late of said county, deceased, apply to me for let
ters of dismission from said administration.
These are therefore to cite and admonish all and
singular the kindred and creditors of said de
ceased, to be and appear at my office, within the
time prescribed by law, to show cause, if any they
have, why letters of dismission should not be
granted to said aplicants.
Given under my hand at office, at Irwinville,
this Jan. I2th, 1857.
34 mlim M. HENDERSON, Ord’y.
JJtiscfllaneffus.
The Clerical Kiss.—Quite different, hut
not less satisfactory, was the first esculato-
ry experience of Dominie Brown, He had
reached the mature age of five and forty,
with out ever having taken part in this
pleasant exercise.
One of his deacons had a very charming
daughter, and for a year or two the Dominie
found it very pleasant to call upon her three
or four times a week. In it ct. ail the neigh
bors said lie was “courting her, and very
GEORGIA, Pulaski County.
KOSICE.
,4 I.L PERSONS are forwarned from trading ;
tl for a certain
benpticn.
Corner of Ciieruy and Third Sts.,
MACON, GA.
Sept. 2d. 1856. 14 tf
cl.
G E X E R A L LAND A 6 E N T
FOR TIIE STATE OF GEORGIA.
w
Administrator’s Sale.
r ) Y VIRTUE ofau order of the Court of Ordin-
} ary of Irwin county; Will he sold on the first
Tuesday in APRIL next, at lhe Court House
door iu Berrien county, within the legal hours of j
sale, the following property to-ivil:
Lot of Land No. 333, in the 5th District of for
merly Irwin, now Berrien county. Sold as the
ILL give the real owner of any lot, for $1 ftftproperty of John Tombcrlin, late of Irwin county i
i xamine and report the value of any lot deceased. Sold for the benefit of the heirs and j
creditors of said deceased.
JAMESL. WILLCOX, Adm’r
tcith the wilt annexed. j
Feh. 10th, 1957. 38 tds. j
VirHEREAS, Count Pulaski Fleming, executor
IT of John Fleming, deceased, applies to me for
letters of dismission from said trust.
These are therefore to cite and admonish all per
sons interested to be and appear at my office with
in the time prescribed by law, and show cause, if
any they have, why saiu fetters should not be
granted.
Given under my hand and official signature this
Jan. 12th, 1857.
34 ni6m R. C. CARRUTHERS. Ord’y.
(•purl
; r $5 Oft. Will sell and convey for 5 per cent.
H s now agent for the sale of 2506 vacant lots
i'a Hie State, and some of the best farms in South
ern and Cln rokee, Ga. He will also buy lands in
any part of the State, at a fair price.
All letters addressed to liim at Butler, Ga., will
in t with prompt attention.
Nov. 57, 1856. 26 ly
&THERIDGE &, SON,
Factory Commission and Forwarding
MBFLOHAM TS,
SAVANNAH, GA.
W. I) ETHERIDGE. W. D. ETHERIDGE., Jr
July 15th, 18.36. 8 tf
ZA.ST W2EK AS OUR
SATO NT ON AMBROTYPE
GEORGIA, I’ulaski county.
TIUHEKKAS, Matthew Grace, Administrator of
* T ihe estate of Eli Shepherd deceased, applies
to me for letters of Dismission from said estate.
The-e are therefore to cite and admonish all per
sons interested to be and appear at my office with
in thP time prescribed by law to show cause, if any
they have, why said letters should not be granted
Given under my hand and official signature
this January J9th, 18.37.
35 mfim. R. C. CARRUTHERS, Ord’ry.
Administrator’s Sale.
P t RSUANT to an order of the Court of Or
dinary of Twiggs county; Will be sold to the
highest bidder before the Court House door in
Marion, on lhe first Tuesday iu MAY next, the
following named negro property belonging to the
estate of James Ware late of said county deceased
to-wit:
Joeallen, a man 55 years old and Augustus, a
man 2ft veais old, to be sold for a division of said
estate. Terms on the dav.
JAMES M. WARE, Adm’r.
Jan. 30tli, 1857. [u. s.] 36 tds.
Executor’s Sale.
B Y virtue of an order of the Court of Ordinary
of Irwin county, Will he sold on the first
VFAKI.ET iV WHITE, I Tuesday in MAY next, before the Court House
H 4V.NO taken a room in Eatouton, are now j door in'lrwinville, Irwin county, within the legal
ready to take LIKENESSES in the most im-1 hours of sale, a negro man named Bachus, about
proved style*, in a very short time. Call and ex-! nineteen years . f age, very likely,and a first rate
ami:, ■ our specimens. ' As our stay will be short, i field hand. Sold for the benefit of creditors, and
i advise a ll who are in vraut of a good likeness heirs of the late George Willcox,
all who are i
to call this week.
March I? 1837
42 tf
A Shoe Maker Wanted,
\ GOOD Shoe Maker will find employment by
-O. applying to. F. A. FINCH,
Marion, Twiggs Co.
March 13, 18.37. 42 4t.
City Lots For Sale.
rpWOtwo Acre Building Lots, in front of my
-L residence, lying on the street opposite the resi
dence of Mr Jeffries.
<Kn,eo^eville, Feb. 3d, 1857
J II NISBET
WOODSON W1LLCOX,
JOHN D. WILLCOX.
Feb. 24th, 1857.
Executors.
4ft tds.
ctgxxc a.
B Y VIRTUE of an order of the honorable Court
of Ordinary of Wilkinson county; Will be
sold before the Court House door in said county,
on the first Tuesday iu April next: the negroes
belonging to the estate of Mary Martin, into of
Washington County deceased, consisting of Jacob,
a man 64 years old, of black complexion, and Rosy,
a woman 5ft years old of yellow eompfexion. Sold
for tho benefit of the heirs of said deceased.—
Terras of sale made known on the day of sale.
JOHN MARTIN. Guardian.
Feb. 23, 1857 37 td*.
GEORGIA, Wilkinson County.
\\? HERE AS, William L. John, Administra-
tt tor on the estate of William John, dec’d.,
applies to uie for Letters of Dismission from said
estate.
These are therefore to cite and admonish all con
cerned to be and appear at my office within the
time prescribed by law, to show cause, if any,
why said fetters of dismission should not be
granted.
Given under my hand at office this 17th day of
January, 18.37. 35 m6rn SAM’L BEALL, Ord’v.
GEORGIA, Wilkinson county.
"YtTlIEREAS, WilcvwfloUand, Administrator on
T V the estate of Alexander Passmore applies to
me for letters of Dismission from said Administra
tion.
This is therefore to cite all concerned to he and
appear at my office within the time prescribed by
law to show cause, if any, why said letters ol Dis
mission should not be granted.
Given under my hand at office this 16tli day of
December, 1856.
30 mfim. SAM'L BEALL, Ord’ry.
GEORGIA, Wilkinson county.
"VIT HERE AS, John Ross and Elizabeth Wright,
M Administrators oil the estate of James Wright
deceased applies to me for letters of Dismission
from said Administration.
These »re therefore to cite all concerned to file
their objection within the time prescribed by law,
if any. why said letters of Dismission should not
be granted.
Given under my band at office, this 11th day of
December, 1856.
29 mfim SAM'L BEALL, Ord’ry.
iilPEBIOa ARTICLE OF TEA!
Fancy, Butter and Boston Crackers,
ed to said estate w
A/ways on hand, and for Sale at CONN’S. IB jj arc j l j3,1857.
GEORGIA, Appling county.
4 a , J1EUEA8 tellers Lee and Mary Dedge, Ad-
1 \ iriiiiistrators on the estate of Isaac Hedge,
deceased, apply to me for letters ol Dismission from
said administration.
These are therefore to cite all concerned, to file
their objections within the time prescribed by law,
if any, why said letters of dismission should not
he granted. Given under my hand at office, this
March 2d, 1857.
41 mfim JOSEPH T. McCAT L, Ord’y.
test suspicion of it himself.
One Monday evening he was sitting as
usual by her, when a sudden idea popped
into his head.
“Miss Mary.” saia he, “I've known you
a longtime, and I never thought of such a
thing before; but now I would like you to
give me a kiss. Will you?”
“Well, Mr. Brown,” repired she, arching
her lips in a tempting way, “if you think
it would not be wrong, I have no objec
tion.”
“Let us ask a blessing first,” said the
good man closing his eyees and folding his
hands.—“For what we are about to re
ceive, the Lord make us thankful.”
The chaste salute was then given, and
warmly returned.
“Oh, Mary, that was good !” cried
Dominie, electrified by new sensation.
“Let us have another and return thanks.”
Mary did not refuse; and when the
operation had been repeated, the Dominie
ejaculated in transport of joy:
“For the comforts which we have now
enjoyed, the Lord be praised, and may
they be sanctified to our temporal and eter
nal good.”
History says that the fervent petition of
the honest Dominie was duly answered ;
for in less than a month, Mary became Mrs.
Brown.— Life Illustrated.
Room for the Baby.—The Chicago
Times tells the following story and vouches
for its truth:
“There was a crowd in the office of the
city marshal yesterday, where that good
natured official was selling wood to the
poor. ‘Stand back, all ofyou and let the
woman with the baby have a chance. 1 The
crowd complied, and again, and againe
woman after woman each with a baby
in her arms, kept pressing forward to the
'.desk. The marshal took it coolly for a
while, but finally the infant began to as
sume a familiar look, and an examination
was had, when it turned out that the moth
er was lending her baby to her acquain
tances, to secure to them the immunities
which she herself enjoyed. There was a
laugh all round, and a fresh star U
Tobacco.—From present indications it is
safe to infer that leaf tobacco will bear a
, , _ . , , . ,. , , ,i very high price during the present year.
And it is further, Ordered, that this rule be pub- | m. . , • | ■ „/■
fished in the Federal Union once a month for four : 1 lie P ll . ce ot . tl * c manufactured article
months, or a copy thereof served on the said N. K. and the admitted inferiority of the crop on
McDuffeo & Co., or their special agent or Attor- ; hand, mast cause good tobacco to go to a
RUUE NISI.
Thomas Morgan )Mortgage, Arc., in Ap
vs. > pling Superior Court.
N. K. McDuffeo & Co. ) November Term 1856.
Present the Honorable Ar.hur E. Cochran,
Judge of said Court. It appearing to the Court
by tiie petition of Thomas Morgan that on the
twenty fourth day of August, 18.34, N. K. McDuf-
fee A Co., of said county, made and delivered lo
sail Thomas Morgan their certain promissory
notes bearing date the day and year aforesaid,
whereby the said N. K. McDuffeeA Co., promised
to pay your petitioner on or before the first day of
Mapch, 1855. rive hundred dollars, also the said X.
K. McDuffee A Co., promised to pay the said
Thomas Morgan five hundred dollars on the first
day of September, 1855, and also five hundred
dollars onjlie 1st day of September, 1856, for value
received, arid that afterwards, to-wit, on the same
day and year aforesaid the said N. K. McDuffee &
Co., the better to secure the payment of said notes
executed and delivered to said Thomas Morgan
his deed of mortgage, whereby the said N. K. Mc-
Duffeo & Co., conveyed to the said Thomas Mor
gan lots of land three hundred and forty-two and
three hundred and thirty-five in the third district of
said county, conditioned that if the said N. Iv. Mc
Duffee A- Co., should pay oil and discharge said
notes, or cause it to lie done according to the tenor
and effect thereof that then the said deed of mort
gage and said notes should become and be null and
void to all intents and purposes. And it further
appearing that said notes remains unpaid.
it is therefore, ordered, that the said N. K. Mc
Duffee A Co. do pay into Court by the first day of
next thereof, the principal, interest and cost due
on said notes, or show cause to the contrary, if any
they have, and that on tho failure of said N. K.
McDuffee A Co. so to do tho Equity of redemp
tion in and to said mortgage promises be forever
thereafter hared and foreclosed.
Derision of the Supreme Court of the United
States in the Dred Scott Case.
Chict Justice Taney’s Opinion.
Chief Justice Taney, iu delivering the opinion
of the court, said that this case, after argument at
the last term, was directed to be re-argued at the
present term, owing to difference of opinion ex
isting among members of the court, and in order
to give the subject more mature deliberation.
There were two leading questions: first, had tho
cireuit court the United States for the distnet
of Missouri jurisdiction in the case, and if it had
jurisdiction, was its decision erroneous or not?
Tiie defendant denied, by plea in abatement,
the jurisdiction of the circuit court of the United
States, on the ground that the plaintiff “is a negro
of African descent, his ancestors were of pure Af
rican blood, and were brought into this country
and sold as slaves,” and therefore the plaintiff* is
not a citizen of the State of Missouri.” To this
plea the plaintiff demurred, and the court sustain- j
ed the demurrer. Thereupon the defendant plead
ed over, and justified the trespass, on the ground
that the plaintiff and his family were his negro I
slaves; and a statement of the facts, agreed to by \
both parties, was read in evidence.
The Chief Justice having stated the facts in the
case proceeded to say that the question first to be
decided was. whether the plaintiff was entitled to
sue in a court of the United States. This was a
peculiar question, and for the first time brought
before the court under such circumstances; but it
had been brought here, and it was the duty of the
court to meet and to decide it. The question was
simply this: Cau a negro whose ancestors ner"
imported and sold as slaves become a member of
the political community formed and brought into
existence hv the constitution of the United States.
and,*as such, become entitled to all the rights mid
immunities of a citizen, one of which rights is
suing in the courts of the United States incases
therein specified?
In discussing this question, we must not con
found the rights of a citizefi which a State may
confer within its own limits, with the rights of a
citizen within the limits of the United States. No
one can be a citizen of the L'nited States unless
under the provisions of the constitution, but it does
not follow that a man, being a citizen of one State,
must be recognised as such by every free -State in
the Union. He may be a'citizen in one State and
not recognized as such in another. Previous to
the adoption of the constitution, every State might
confer the character of citizen, and endow a man
I with all the rights partaining to it. This was con
fined to the boundaries of a State, and gave him
no rights beyond its limits. Nor have the several
States surrendered this pow er by tho adopted of
the constitution.
Every State may confer the right upon an alien,
or on any other class or description ot persons,
who would, to all intents and purposes, be a citizen
of the State, but not a citizen in the sense used
in the constitution of tue United States. He
would not thereby become a citizen of the United
States, and, therefore, could not sue in any court
in the United or other States. His rights would |
be confined more strictly to his own State. The j
constitution gives Congress the power to estab
lish “a uniform rulo of naturalization:” conse- ’
the white*. None of this class ever emigrated to
the United 8tates voluntarily They were all
articles of merchandise. The number emancipated
was fr w as compared with those who were held
in slavary, and not sufficiently numerous to at
tract public attention as a separate class, and were
regarded as a part of the slave population, rather
than free.
It cannot he supposed that the States conferred
citizenship unon them: for all those States at that
time established police regulations for the security
ot themselves and families, as well as of property.
In some minor cases there were different modes
of trial, and it could not be supposed that thoso
States would have formed or consented to a gov
ernment w liic.h abolished this right and took from
them the safeguard essential to their own protec
tion. They have not the right to bear arms, and
appearat public meetings to discuss political ques
tions, or urge measures of reform which they might
deem advisable. They cannot vote at elections,
nor servo as jurors, nor appear as witnesses,
where whites aro concerned. These rights are
secured in every State to white men. It is impos
sible to believe that the men of the slave-
holding States, who took so large a share in the
formation of the constitution, could be so regard
less of themselves and the safety of those who
trusted and confided in them.
Every law of naturalization confines citizenship
to white persons. This is a marked separation
from the blacks. Under the confederation every
State had a right to decide for itself, and the term
“free inhabitant,” the generality of forming, cer
tainly exclu led the African race. Laws were
framed tor the iatter especially. Under the con
stitution the word “citizen” is snbsituted for “free
inhabitant.” After further elaboration on this
point, the Chief Justice said, from the b-’st con
sideration, we have come to the conclusion that
the African race who cum! to this country, wheth
er free or slave, were not intended to be included
in • the constitution for the enjoyment of
any personal rights or benefits; and tho
two provisions which poiut to them treat them as
property. and make it the duty of the government,
to protect them as such. Hence, the court is of
opinion, from the facts stated in the plea in abate
ment, that Dred Scott is not a citizen of Missouri,
and is not, therefore, entitled to sue iu the United
States courts.
The following facts appear on the record.
“In 1834 the plaintiff was a negro slave belong
ing to Dr. Emerson who was a surgeon in the army
of the United States. In that year (1534) said Dr.
Emerson took the plain tifffrom the State of Missouri
to the military nost of Rook Island, in theState of Il
linois, and held him there as a slave until the month
of April, 1836. At the time last mentioned, said
Dr. Emerson removed the plaintiff from said
military post at Rock Island to the military
post at Fort Snelling, situated on the west
bank of the Mississippi river, in the terriroty
known as Upper Louisiana, acquired by the
United States from France, and situated north of
the latitude of 36 degrees 30 minutes north, and
north of the State of Missouri Said Dr Emerson
held the plaintiff in slavery at said Fort Snelling
until 1838.
“In the year 1835, Harriet (who is named in
the second eouut of the plaintiff’s declaration) was
the slave of Major Taliaferro, who belonged to the
army of the United Slates. In that year (18 5)
said Major Taliaferro took said Harriet to said Fort
Snelling, a military post situated as hereinbefore
stated, and kept her there as a slave until tho
year 1836, and then sold and delivered her as a
slave at Fort Snelling unto said Dr. Emerson, here
inbefore named; and said Dr. Emerson held said
Harriet in slavery at said Fort Snelling until tho
year 1838.
“In tho year 1836 tiie plaintiff and said Harriet,
at said Fort Swelling, with the consent of said Dr.
Emerson, who then claimed to be their master and
owner, intermarried and took each other for hus
band and wife. Eliza and Lizzie, named in tho
third count of the plaintiff’s declaration, are the
piently, no State, by naturalizing an alien, could ■ fruits of that marriage. Eliza is about fourteen
confer upon him the rights and immunities of all: years old, and was bora oil board the steamboat
States under the general government. It is very
clear, therefore, that no State can, by any act, in
troduce a. new member into the political Union
created hv the constitution.
The question then arises, whether the provis
ions the constitution of the United States in re
lation to personal rights to which a citizen of a
Gipse v, north of the north line of the State of Mis
souri, and the Mississippi river; Lizzie is about
seven years old, and was horn in the State of Mis
souri, at the military post called Jefferson Bar
racks.”
“In tho year 1838 said Dr. Emerson removed
the plaintiff and said Harriet, and their said
State is entitled, embraced negroes of the African! daughter Eliza, from said Fort Snelling to the
race at that time in the country, afterwards im- State of Missouri, wq»e they have ever since re
ported, or made free from any State: and whether j sided.
noy at least three months previous to the next
term of this Ccurt.
WM. M. SESSION, Pl ffs Att’y
The above is a true extract from the minutes of
the Court this 10th December, 1850.
3ft mjm JOHN F. IIALL. C. S. C. B. C.
S IXTY days after the publication of this Notice.
I shall apply to the honorable Court of Ordin
ary of Pulaski county, for leave to sell a part of
the real estate of Matthew 13. McComb, late of said
county, deceased.
DANIEL MATTHEWS, Adm’r.
February 25, 1857. 42 2m
Notice to Debtors and Creditors,
A LL persons having demands against the estate
of Henry Wade, late of Pulaski county, de
ceased. are hereby requested to present them to
me iu legal form for payment. Ail who are indebt-
ill please make immediate pav-
JESSE WADE, Adm’r.
43 fit-
very high figure. We have heard of some
purchases male in the adjacent county,
which we learn, were effected at figures
much above hast year’s rates
[ Danville ( Va.J Republican.
Where is the West.—The editor of the
Presbyterian Herald of Louisville, Ken
tucky]! says that visiting Eort Leavenworth
five or six hundred miles west of Louis
ville, ho said to the commander, “I suppose
yon begin to feel, away out here, that you
have at last discovered that indefinable
region called ‘the West?’ “ “No’ sir,”
said he, “we are living in the East yet.—
Four hundred miles west of us, near Fort
Laramie, is the geograpical centre of the
United States."
it is in the power of any State to make stu b a one
a citizen of a State, and endow him with full citi
zenship in any other State without their consent?
Does the, constitution of the United States aci
upon him. and clothe liim with all the rights of a
citizen? The court think the affirmative cannot
he maintained; and if not, the plaintiff could not
be a citizen of Missouri within the meaning of the
constitution, nor a citizen of the United States, and
consequently, not entitled to sue in its courts.
It is true that every person, and every class
and description of persons at the time of the adop
tion of the constitution, regarded as citizens of the
several States, became citizens of this new politic
al body, and none other. It was formed for them
selves'and their posterity, and for nobody else;
and all the rights and immunities were intended
to embrace only those of State communities, or
those who became members according to the, prin
ciples on which the constitution was adopted. It
was a Union of those who were members of tho
political communities, whose power, for certain
specific purposes, extended over the whole terri
tories of the United States, and gave each citizen
rights outside his State which he did not before
possess and placed all rights of persons and prop
erty on equality.
It becomes necessary, therefore, to determine
who were citizens of the several States when the
constitution was adopted. In order to do this, we
must recur to the colonies when they separated
from Great Britain, formed new communities, and
took their place among the family of nations.—
They who wore recognised as citizens of the
States declared their independence ofCreat Britain,
and defended it by force of arms. Another class
of persons, who had been imported as slaves, or
their descendants, were not recognised or intended
to he included in that memorable instrument—the
Declaration of Independence.
It is difficult at this day to realize the state of
public opinion respecting that unfortunate class
with the civilized and enlightened portion of the
world at the time of the Declaration of Indepen
dence and the adoption of the constitution; but
history shows they have, for more than a century,
been regarded as beings of an inferior order, and
unfit associates for the white race, either socially
or politically; and had no rights which white men
were bound to respect: and the black man might
be reduced to slavery, bought and sold, and treat
ed as an ordinary article of merchandise. This
opinion, at that time, was fixed and universal with
the civilized portion of the white race. It was re
garded as an axiom in morals, which no one
thought of disputing, and every one habitally act
ed upon it. without doubting for a moment the cor
rectness of the opinion. And no nation was this
opinion more fixed and generally acted upon than
in England, the subjects of which government not
only seized them on the coast of Africa, but took j
them, as ordinary merchandise, to where they:
could make a profit on them. The opinion thus j
entertained was universally impressed on the col- i
ouies this side of the Atlantic; accordingly, negroes :
of the African race were regarded by them as;
propertv, and held, and bought, and sold, as such,
in every one of the colonies which united in the
Declaration of independence, and afterwards form
ed the constitution. The doctrine of which we
have spoken was strikingly enforced by the Dec
laration of Independence. It begins thus:—
“When, in the course of human events, it be
comes necessary for one people to dissolve the
political bonds which have connected them with
another, and to assume among the powers of tin* 1
earth tho separate and equal station to which
the laws of Nature and of Nature’s God entitled
them, a decent respect to the opinions of mankind
requires that they should declare the causes which
imnel them to the separation;” and theu proceeds:
“We hold these truthes to he self-evident, that all
men are created equal; that they are endowed by
their Creator with certain inalienable rights; that
among these are life, liberty, and the pursuit of
happiness: that to secure these rights governments
are instituted among men. deriving their just pow
ers from the consent of the governed,’ Ac. 1 he
words before quoted would seem to embrace the
whole human family; aud if used in a similar in
strument at this dav, would be so understood.
But it is too clear for dispute that the enslaved |
African frace were not intended to be included: for
in that case the distinguished men who framed
the Declaration of Independence would be tla<»-
rantly against tho principles which they asserted.
They who framed the Declaration of Indepen
dence were men of too much honor, education,
and intelligence to say what they did not believe,
and they knew that in no part of the civilized
world were the negro race, by common consent,
admitted to the rights of freemen. They spoke
and acted according to the practices, doctrines,
and‘usages of the day. That unfortunate race
was supposed to be separate from the whites, and
was never thought or spoken of except as proner-
tv. These opinions underwent no change when
the constitution was adopted. The preamble sets
forth for what purpose, ami for whose benefit it
was formed. It was formed by the people—such
as had been members of the original States—and
the great object was to “secure the blessings of
liberty to ourselvi s and our posterity.” It speaks
in general terms of citizens and people of the
United States when providing for the powers
granted, without defining what description of per
sons should be included, or who should be regard
ed as citizens. But two clauses of the constitu
tion point to the negro race as separate, and not
regarded as citizens for whom the constitution
was adopted. One clause reserves tho right to
import slaves until 13-18, and in the second the
States pledge themselves, one to another, to pre
serve the rights ot tho master, and to deliver up
slaves escaping to their respective territories. '
the first clause the right to purchase and Hold this
property is directly sanctioned and authorized by
the persons who framed the constitution for twen
ty years; and the States pledged themselves to
uphold the right of the master as long as the gov
ernment then formed should endure. And this
shows conclusively that another description of
persons were embraced in the other provisions of
the constitution. These two clauses were notin-
tended to confer upon them or their posterity the
blessings of liberty so carefully conferred upon |
■Before the commencement of this suit, said
Dr. Emerson sold and conveyed the plaintiffs, said
Harriet, Eliza, and Lizzie, to the defendant as
slaves, and the defendant claimed to hold each of
them as slaves.
“At the times mentioned in the plaintiff's de
claration, the defendant, claiming to be owner as
aforesaid, laid his hands upon said plaintiffs, Har
riet, Eliza, and Lizze, and imprisoned thorn; doing
in this respect, however, no more than wiiat he
might lawfully do if they were of right his slaves
at such times.”
The Chief Justico proceeded jto examine the state
ment, assuming thet this part of the controversy
presented two questions.
Firstly. Was he (Scott) and all his famliy free
in Missouri; and.
Secondly. If not. were they free by
reason of their removal to Rock Island, Illi
nois?
The act of Congress on which the plaintiff ielies
contains tlu» clause, that slavery and involuntary
servitude, except for crime, shall be forever pro
hibited in that part of the territory acquired by
treaty from Louisiana, and not included within the
limits af the’Stare of Louisiana. The difficulty
which meets us at the threshold is, whether Con
gress is authorized to pass such a law under tho
powers granted to it by the constitution? Tho
plaintiff dwells much on the clause which gives
Congress, power “to make ali needful rules and
regulations respecting the territory or other prop
erty of the United States!” But this provision has
no bearing on the present controversy. The power
there given is confined to the territory which then
belonged to the United States, and can have no in
fluence on territory which was acquired from for
eign governments.
The Justice then referred to the cessions of land
by Virginia and other States, saying the only ob
ject was to put an end to the existing controver
sies, and to enable Congress to dispose of the lands
for the common benefit. Undoubtedly, the power
of sovereignty and eminent domain was ceded in
the act. This was proper to make it essenial.—
There was then no government in existence with
enumerated powers. What was called the States
were thirteen independent colonies which entered
into confederation for mutual protection. It was
little more than a Congress of ambassadors, in
which all had a common concern. It was this
Congress which accepted the cession from Vir
ginia. They had no right to do so under the Ar
ticles of the Confederation, but they had a right
as independent powers to accept the land for the
common benefit; and is equally clear, liaving no
superior to control them, they had a right to exer
cise absolnte dominion, subject only to the restric
tions which Virginia imposed. The ordinance of
1787 was adopted, by which the territory should
1jp governed, and among other provisions was one
that slavery or involuntary servitude should bo
prohibited except for crime.
This was the state of things when tho constitu
tion was formed. The territory ceded by Virginia
belonged to the several confederate States as com
mon property. The States were about to dissolve
the confederation, and surrender a portion of their
power for the formation of u new government, and
the language used limited and specified the objects
to be accomplished. It was obvious that sonio
provision was now necessary to give the new gov
ernment the power to carry into effect every object
for which the territory was ceded. It was necessa
ry that the lands should be sold to pay the war
debt and that power should be given to protect
tho citizens wlio'might emigrate, with their rights
cf property. Arms, military stores, Tas well as
ships of war,) were the common property of the
States existing in their independent character, ami
they had a right to take their property to the terri
tory, without the authority of the States.” The
object was to place these things under the guar-
dianship of a new government, which gives Con
gress the power “to make all needful rules and
ference to any property which the sovereignty
might subsequently acquire. It applied to the
territory then in existence and known as the ter
ritory of the United States then in the mind of
the framers of the constitution. It refers to tho
sale or raising of money. This is different from
the pow r to legislate over the territories. With
the words “to make- all needful rules and regula
tions respecting the territory” are coupled tho
words “and othrr property of the United States.”
And the concluding words render this construction
irresistible: “And nothing in tho constitution
shall be construed as to prejudice any claims of
the United States or any particular State.’’
It is obvious that the Congress, under the new
government regarded the above clause as necessa
ry to carry into effect the principles and provisions
of the ordinance of 1787, which they regarded as
an act nf the States in the exercise of their politi
cal power at the time: and these representatives
of the same States under the new government did
not thiuk proper to depart from any essential prin
ciple. and did not attempt to undo anything that
" territory acquired without the limits of the
United States, it remains territory until admitted
into the Union No power is given in the consti
tution to acquire territory to be hold and governed
in ihat character; aud, consequently, there cAnnot
bo found in the constitution any defination of pow
er which Congress may lawfully exercise before it
becomes a State. The power to acquire territory
until it is in a condition to become a State on an
equal footing with the other States must necessa
rily r-st on sound discretion, and it becomes the
duty of tho government to administer the laws of
the United States for the protection of personal
rights and property therein.
Whatever territory is acquired is for the com
mon benefit of the people of the United Stares,
which is but a trustee. At the time thst territory
was obtained from France it contained no nop a-
tion to be admitted as a State, and it therefore be
came necessary to hold possession of it Mi
lled and inhabited by a civilized community,
capable of self-government and for admission into
the Union. But, as we before said.it was acquir
ed hv federal government a* the representative