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Si’ELl-iL ORDER.
To strike out the 11th sec. 4th art. of the Consti
tution as foil - ,ws ' No slaves shall he, after Octo
ber next, imported in this State. Upon which a
discu.-sion arose, which consumed the balance o
the morning.
The Senate adjourned till 3 o’clock, P. M.
M.nuliillj i/l
on the subject.
52. nays 62. The bill was therefore lost.
The Lauatic Asylum Committee .composed of
quite a number of the business member's of the
Huuse, having to visit the Institution this after
noon, and other committees having to meet, the
House adjourned to 94 o'clock to-morrow morning.
In closing, we shall be excused for congratula
ting the House upon tbe following announcement,
viz;
J. T'. Taylor. Esq.. Journalizing Clerk of the
House who resigned on yesterday, resumed uis
position jo-day at the urgent request of many oi
the members.
SENATE.
Wednesday Morning, Nov. 24.
After tlie usual preliminaries a motion was
made to reconsider the loss of a bill to compen
sate J H Howard of Columbus for certain expen
ses incurred in defending the boundary lines be
tween Georgia and Alabama.
Wilcoxon of Coweba spoke la opposition to the
passage of the bill. The memorial was read.
Colquitt of Muscogee, then addressed the Sen
ate in a beautiful speech in defence of Mai How
ard. His defence ,w*s perfect We do not think
that there was scarcely a Senator that wa8 not
perfectly convinced that the claim was just.
Slaughter of Dougherty also advocated the bill
he asked, “Ps Senators think that Bn. Brow*
would allow any money to pass out of the Treas
ury t/)at was not justly due ?" “ Got. Brown
seems to think the claim just."
3 O’CLOCK, P. M.
Thomas of Gwinnett continued his 8 P«*' L '
toe morning. We cannot report tbe deba f ^
Evening for want of space. Mr. 1 • oppw-
^Cochran of Wilkinson follow^in^w^Rey
nolds of Newton L'“ uion. Whitaker o
of Stewart, followed in opposing
Fallen followed inopposuiom
The Senate* adj°”^ed till & o’clock to morrov
morning. ^ | m
HOUSE OF REPRESENTATIVES.
Tuesday morning, Nov. 23.
The House met pursuant to adjournment,^ Hon
Speaker Underwood in the Chair. Mr. U. ha
been absent for some days, and we are pleased t.
see him back, looking well, and as full ot goot
humor as ever.
After the usual preliminaries, the House pro
ceeded to business. . _ ,
Messrs. Welker of Henry. Hays oi Walton and
Kimbrough of Karris, Milledge and Harkness,
were added to the Lunatic Asylum Committee.
Mr. Everett was added to the Committee on In
ternal Improvement.
Brantley of Lee was granted leave of absence,
also, Smith of Talbot, Harrison of Chatham, and
Milledge of Richmond.
Hon. Speaker Underwood v.as added to the
special Committee ou Deaf aud Dumb Asylum.
On motion, the special order of the day was dis
pensed with, and the bill to regulate and dispose
of the free persons of color in tins State was taken
up. Mr. Moore of Clarke, spoke at length upon
the merits qf the bill, farther elaborating and illus
trating his positions, as heretofore reported bv us.
Suffice it to say, that he fully sustained his char
acter as an able debater, and a forcible speaker.
Upon the call for the yeas and nays Mr. Lewis
•f Green said, he had no idea ot opening Ins
month. Ho disagreed with the position of Mr M.
The issue was not slavery or no slavery, tins
population liave sojne rights, by tbe law of this
State, vested fights, as inalienable as the rights
of the white man. If these people are danger
ous to us, we have the right to send them away.
If they are a nuisance to the gentleman and his
constituents, it is because the gentleman s con
stituents do notenforce the police laws He could
not be induced to perpetrate this wrong. It the j
condition of freedom is a curse to these people,
it is their own business.
Mr. Moore replied.
Mr Smith of Coweta explained.
Mr Kenan gave notice that he should move to
recommit the bill for the purpose of offering an
amendment. The motion to recommit prevailed,
and Mr Kenan offered the following amendment :
That thev be divided into foar classes, and that
upon an appropriation being made by the Legisla
ture for their removal to Hayti or Liberia, or any
other place that may be deemed proper His Ex
cellency the Governor, shall take such steps as
will carry out the object of the Legislature.
Lewis* of Hancock, offered a resolution that
this bill aud the amendment, be referred to the
Judiciary Committee, with certain instructions.
^ The bill to appropriate monay for building a
turnpike over Spring Creek in Miller county.—
Amended by Cannon of Wayne, »o appropriate
money for building a bridge in Wayne county,
which was withdrawn.
Sheffield of Miller, explained the necessity for
this appropriation, and instanced other appropria
tions. to other counties, similar to the appropria
tion now asked for. The bill was. passed.
To aid in the construction of the Griffin and North
Alabama Rail Roa 1- Postponed for the present
To authorize the Governor to appoint a commit
tee to examine into the propriety of establishing a
University for the State.
Mr. Underwood stated to the House ms reasons
for introducing this bill. It is well known that
there is no sebool in this State in which the highest
branches of education are taught. In order to ob
tain these higher branches, , our people are com
pelled to send their children abroad- -Is not this
a stigma upon our State ? Where do they send
them ? Why, sir, to New Haven, where the sen
timent of the entire community is against ns upon
the vital question, which threatens to destroy our
equalityin the American Union. This is no par
tiality for Franklin College. _ This bill does not
provide for establishing a University, but merely
provides for the appointment of a committee to ex
amine into the propriety of establishing one, and
reporting to the next Legislature. He hoped
the bill would pass.
Mr. Kenan asked for the. portion of the Constitu
tion which made it obligatory upon the Legislature
to establish a University.
Mr. Underwood read from the Constitution..
Messrs. Underwood and Kenan indulged in a
colloquial debate.
Mr. Underwood asked the gentleman to take
notice. His position was that Franklin College
did not meet the wants of the people of Georgia.
He asked where and in what manner the Legisla
ture had provided for the encouragement of the
arte and sciences. This bill does not propose to
establish a University. This committee may agree
with you, but is it not due to the other side of this
question, that the committee should be appointed!
He again read from the Constitution.
Mr. Kanan said, is not the College at Athens es
tablished in pursuance of that portion of the Con
stitution, which the gentleman read 1 You are
aiming at one thing, viz : to establish a University,
or to do something else. You are for the establish
merit of a University. -Why does tbe College at
Athens draw from the State Treasury $8,000 an
nually, if it is not the University of the State ? Is
n&i the purpose to endow! the State College.—
Leave the denominational Colleges to a generous
rivalry. If more money is to be raised, let it be
given to tbe Common School Plan of Education.^
We have Colleges enough to educate the class oi'
persons, whioh is in want of collegiate education,
while the poorer classes are left unprovided for.
Mr..Underwood replied AMEN to the sentiment
educate the poor. What has Mr. Kenan stood on
this floor so long, and not devised some plan to
educate the poor?
Mr. Kenan, it is on your table, sir.
Mr. Underwood said his record was before the
public. The people would trust him with the
rights of the poor. The Speaker represented the
county of Floyd, aud had tne same right on this
floor as any other man.
Mr. K. Rose to explain.
Mr. U. Replied, does the gentleman call Frank
lin College a University ?
Mr.Jf. It is generally, called so.
Mr. U. Svetybody knows it is not a university
When Jefferson came to die he asked not that it
should be put on his tombstone that he should
be known as the author of the Declaration of In
dependence but that he was the Founder of the
Virginia University. He wished he had it in his
power tone, called the founder of the University of
Georgia-
If the gentleman from Baldwin is opposed to
to a university, he is behind the age. He is in
the thickest fog of "‘old foggyism.” Ho Mr. U
was not opposed to,the Franklin Gollege—let it
go on. How did Massachusetts, S. Carolina and
others find their need of a University? Shall Geor
gia lag behind? He had felt the need in early life
the State had not provided the means for the ed
ucation of tbe peopie, and his father was not able
to educate him at College This committee would
report to the next Legislature and the Represen
tatives freah from tbe people can act advisedlv.
Mr.K It was due to him to state that whenever
the iutyect of education had ever been befoie the
House, he Ijad always recorded his vote in the
affirmative. .Put ou foot your plan for Common
School edacatian, and he Mr. jt. would vote an
appropriation as high as the gentleman himself,
would, if the funds are tojae distributed among the
people and not locked up in a university.
Being opposed to a university he was opposed
to the initmtory step foi endowing one. It is prop
er the objection should be made now.
Mr. U. The gentleman had made another issue.
He had never seen the gentleman meet a question
fairly and squarely. He always brings in some
side isspn.
The Hon. gentlemen indulged in a colloquial
debate interspersed with some spicy remarks up
on tbe present and past positions of the gentle
men. themselves, apd {heir respective parties.
They seemed to understand each other remarka
bly well, but they failed, signally, (o convince
others of the fact. The Hon. Speaker wound up
in ap eloquent peroration and a beautiful culo-
gium .upon tbe “Empire State of the South.”
The bill was recommitted and the last section
was stricken out. .Upon.thecall, the yeas were
- uf, ....
W ,u u 3 .U.-J Mtt information tu.it may tend to secure tbe Slate agonist tlu; pus
, eci. Isibility of loss. He, however, objected to the
Ward of Butta jrave about as pood a reason ns | amendment, as it may drive off men from taking
iv tkr hi.- vote—the bill has passed the Judiciary | stock. Sugh it frictions had never been put up
on any Railroad charier in this Urate
Mr Milledge of Richmond, said his object in
rising was simply to explain the reasons for voting
as ha did on this question. He voted at some
unanimously in favor of tte bill. And if tbe bill
has passed such an examination without opposi
tion, I am willing to vote for the bill.
Cooper of Scriven desired information.
Wilcoxonof Coweta again opposed the bill.
Briscoe of Baldwin, in favor. He remarked
that this bill had to pass nnder tbe eye of Gov.
Brown. And from my knowledge of that gentle
man I will say that no unjust claim on tho Treas
ury will ever pass unler his eye and not meet his
condemnation.
Bush of Miller said that on yesterday he had
voted against the bill but that he was now convin
ced that tho claim was just.
Adams of Elbert said the same.
Bloodworth of Pike said the same.
Bartlett of Jasper was ia favor of the motion;
yeas are 23. nays are75.
Young of Union, moved to reconsider the mss
of the bill, to strike out a part of the 11th section
of the 4th Article of the Constitution.
Young of Union spoke in favor of the recon
sideration. He wished to record his name side
by side with those who voted in favor of the bill.
Dawson of Green, thought that any gentleman
might record his vole without reconsideration.
Whitaker of Fulton, said he had voted on the
motion to strike out these words on yesterday.
He had thee voted in tire affirmative, lie would
now vote in the affirmative. He was in favor of this
reconsideration.
(We, by an accident, misrepresented Mr. Whit
aker ou yesterday. He was then opposed to open
ing the Slave Trade, but in favor ot striking out
those words “in dispute,” in that clause. We do
this as a simple act of justice to that gentleman
Briscoe of Baldwjn, said, he ups absent as one
of the Committee ou the Lunatic Asylum during
all the discussion ou this measure. His jnind was
in great doubt as to the proper kind of action to
be taken.; it was a novel and unexpected move
ment. lie was strongly inclined to vote against
the bill on the table proposing to stride but the
clause in the Constitution, touching importation
of Africans; but his mind was open to.conviction,
and in order to have more light, he would .vote,for
reconsideration.
Bartlett of Jasper.opposed the reconsideration.
Atkinson of Camden, was in favor of the mo
tion. He said : he was not afraid to let his posi
tion be known to the people of Georgia..
Cooper of Scriven, wished to record his vote jn
favor of the bill.
The yeas are G2, the nays are 38.
Third, reading.
[ To appoint, persons to take a census qf Hie
State.
Cone of Bulloch wished the power to appoint
these men to be taken out of the hands of the In
ferior court and toplace.it into tlie hands of the
people. .Lost.
The bill passed.
To allow the children at work for the Milledge-
ville Manufacturing Co. ,to contract to work for
more than the number of hours now allowed.
On motion, the bill was laid on the table for the
balance of the session.
Bills Introduced
Dawson cf Green: To allow Mrs Clementina
Billups to purchase real estate.
Hines of Worth t To change the, lines between
Worth and Colquitt.
Bullard of Campbell; To make legal the issu
ing of certain grants.
Robinson of Talbot: To regulate .the,collection
of Jury fees in said county.
The Senate adjournud -until 9] o'clock, A. M.,
Friday morning.
Our report of the proceedings of the Senate this
morning is short. We do this as an accommo
dation to the Printers, Editors, &c.
We all want to make a short visit to see Gov.
Brown, the ladies, &c. &c., and to enjoy ourselves
generally. The fact of the business is, to-morrow
is Thanksgiving day, and concluding that the
members will scarcely have time, on that impor
tant occasion, to read long reports, we have con
cluded to condense them, thereby benefiting all
parties. We really would have desired to have re
ported the debate on the “Factory Bill.” It was
entered into by several, and with some spirit.
HOUSE.
Wednesday Moniing, Nov. 24.
The House proceeded to business at the appoin
ted hour.
The bill in relation to the Atlantic and Gulf rail
road was referred to the Judiciary committee,
Bills Introduce/!.
Mr Gordon of Chatham: To amend tho act in
corporating the Skidaway Shell road.
Also to repeal part of an act in relation to the
city court, of Savannah
Sir Boggess of Carroll: To incorporate the Car-
roll Mining company in Carroll county.
Also to incorporate Carrollton Masonic College.
Mr Neal of Cass: To repeal the first section otan
act, in relation to evidence, &c.
Mr Harris of Cobb: For the relief of Wm B
Triddell of Cobb county.
Mr Sprayberry of Catoosa: To extend the time
for recording mortgages on real estate.
Mr : To allow administrators, &c., to dis
pose of insolvent assets.
Mr Powell of Decatur: To require Justices of
the Peace in Decatur county to give bond and se
curity, for the faithful performance of their duty.
Mr Underwood or Floyd: For the better regula
tion of railroads in this State.
Mr Pruitt of Franklin: A memorial. Referred to
Judiciary Committee.
Also a bill to incorporate . a Masonic Lodge in
Franklin county'
Also to appoint a board of. school trustees for
Franklin county.
Mr Westmoreland, a memorial. Referred to com
mittee on Petitions.
Mr Logue of Glasscock: A bill to amend an act
to prevent tire levy aud sale of growing crops un
der certain circumstances.
Mr McDaniel of Gwinnett: To define the duties
of Grand Jurors in relation to bills of indictmeut.
Mr Brantley of Hancock: To authorize the trus
tees of the Sparta Male Academy to sell the same.
Also to change the line between Warren and
Glasscock.
Mr Strickland of Madison: Resolultou to ad
jonm this session, sine die, on tbe 10th of Decem
ber next.
Mr Mott of Muscogee: To amend and alter an
act in relation to Americus camp Ground, to incor
porate the Deacons of the 1st Baptist church in
Columbus, &c
Mr Howard of Muscogee : To authorize parties
in certain cases of controversy, to submit the same
to arbitrators.
Mr Batts of Monroe: For the relief of A Cheeny
of Monroe.
Mr Hillyer of Walton : To authorise defendants
in criminal cases certain privileges, &c.
Mr Strange of Washington: To provide for a mon
ument over the remains of Jared Irwin.
Conley of Wilkison. to pay Isaac Lindsay for
issuing certain tax fi fas.
Third reading of Bills.
To authorize the Mayor and Aldermen of Savan
nah to institue a system ot drainage. Amended
by Mr. Gordon of Chatham. As amended (be bill
passed.
Mr. Gordon offered a substitute for tlie bill to
amend tbe several acts in relation to tbe city court
of Savannah. The substitute was passed.
The bill lay out a new county from the counties
of of Scriven, Burk, Emanuel and Bulloch, was
taken up and after some discussion, pro and con,
tbe bill was lost.
To provide for the appointment and compensa
tion of a board of .Visitors to Franklin College.
Lost.
Leave of absence was granted to Messrs- Me
Cants and Moore.
To aid in the construction of the Ellijay Rail
Road.
Mr. Picket of Gilmer,did notknow that anything
he could say would alter the opinion of any gentle
man ou this floor. The great principle of State
Aid had been so ably discussed, that he thought he
could add nothing- Will the building of the Elli
jay Kail Road benefit the State of Georgia ? The
building cf this Road will develop the resources of
the great mountain district, through which it passes.
It passes through a bed of iron ore, unsurpassed
by any similar mines in tbe United States of A-
merica. There is, on the East of this projected
Road a bed of as line marble as there is in the
world Qn tue West, there is a vein of copper
now being worked ou tlm Venn. line. Is it right
to develop these interests? No one, he presumed
would doubt it. He read from tbe statistics of ten
of tlie Northern States, and compared with them,
the statistics of ten Southern States. Forty mil
lions was the balar.ee in favor of the ten Northern
States. Georgia was behind any of the Southern
States in this respect, except two, North Carolina
and Alabama. If gentlemen are willing to vote
against this project, to develop the iron interests of
the State of Georgia, they are at liberty to do so.
Will you refuse, when you are amply secured, to
give this aid ? He waited for a reply.
On motion of Mr. Hillyer of Walton tho hill
was recommitted and he moved to Amend so as to
make the 8th section of the bill read as follows :
“That he private property .of eg.o}i Stockholder
shall be individually and severally bound to the
State, for tbe liability thus incurred,” The sec
tion originally provided for a liability in propor
tion to the amount oi stock subscribed by each
stockholder.
Mr Hillyer moved further to amend by adding
to the 8th section of the bill the following: “And
the lien of this liability shall attach to, and bind
the private property of such stockholders from the
time of the first endorsement by the State pf the
bonds of the company.
Mr. Hillyer moved further to amend by adding
an additional section, to-wit; Sec. 9. Be it further
enacted, That before any of the bonds of said
company shall be endorsed by the State, as in this
act provided, the President and Directors shall
severally make and file in the Executive office,
their affidavit that the Stockholders are possessed
previous session to lend the Aid of the Stale|to
this section, which the gentleman said was unable
to develop itself. He thought that if there were
any project which should receive the Aid of the
State, this was the most meritorious ; but there
looms up the subject of taxation. The gentleman
had accepted all the amendments, which wou d, in
the eyes of capitalists, sink the project. Why.
sir, these amendments amount to nothing. As the
gentleman from Wilkes said the other night, “it
will take a more vigilant set of officers, than
Georgia ever had to hunt down these stockholders.’
Have gentlemen received instructions from their
constituents to impose upon them extraordinary
taxation. The proposition to let the people vote
on this State Aid question was voted down.
Pass this bill giving this company vested rights
and you cannot repeal if. Has this question been
sifted? He should, before the cdose of the Session
offer a bill, or resolution, putting these questions
before the people. Until lire people settle this
question, he was unprepared to act upon it. He
wished to see South Western and North East
ern Georgia developed. He was compelled to vote
nay.
Mr. Pickett said, why did not the gentleman
amend the bill, so as to seenre-the State. He had
been willing to accept any amendments. This
bill required 20 miles to be graded, before the State
should endorse the bonds. It will take more
money to grade 29 miles in the fountains, than 6!)
miles in Southern Georgia. How many hundreds
of thousands will it take to build these 20 miles.—
How, then can the gentleman expect his constitu
ents to be taxed. He was here not to skulk be
hind his constituents. They had sent him here to
represent them. He was willing to meet responsi
bility. Why talk about referring it to the people!
Mr. Luffntan ot Murray, asked the gentleman
from Gilmer, upon what principle of Justice or
equality, he comes here to demand of him as the
representative of a portion of the people of Georgia,
that he should vote the.credit of the State to him
to build a Rail Road through liis section of the
State. And because he refused to do so, charges
him with want of coprage. He should vote
against the bill, and still claim to have as much
courage, and patriotism as the gentleman from
Gilmer has appropriated to himself. And until he
incorporates into the State constitution, a clause
prohibiting the right of this House to pass relief
bills, the State isnotsecure from ultimate loss:
Upon the passage of the bill the yeas were 50
nays 77.
To aid the citizens of this State in tbe construc
tion of railroads. This is the general State Aid
bill.
Mr Diamond, of DeKalb, offered a substitute for
this bill. The substitute was received in lieu of
the original, and 200 copies were ordered to be
printed, and it was made the special order for Fri
day next.
The bill to alter the 1st section 4th article of tho
Constitution, was taken up. This is the bill ma
king the Supreme Court hold its sessions at the
capital, and making but one Judicial circnit.
Mr ” “
of private property to an amount amply sufficient
to answer toe lien of tbe State and
sure it from
loss by the liability about to be incurred from cucb
endorsement, and the like affidavit shall be made
prior to every subsequent endorsement.
All of which were adopted.
Mr Picket had no objection to any restrictions utes.
Kenau of Baldwin, explained the object of
the bill. By loeatiug the court at the Capital, the
judges would have the use of the State Library,
&c.
Mr Findlay of Lumpkin, thought that the judges
had ample pay for their services, and he wanted to
have it sit as near to his people as possible. He
called upon Cherokee to assist him.
Mr Kenan replied.
Mr Westmoreland 1 wished the bill recommitted
to amend by inserting Atlanta.
Mr Kenan said, whenever he removed the Capi
tol to Atlauta, he would vote to carry the court
there oo
Mr Gordon of Chatham. Tins is not a matter of
dollars or cents. When newspapers and others are
objecting to tlie Supreme court, they should rather
blame the Legislature, lor their legislation. He
made an able vindication of the Court, and of this
particular bill.
Mr Findlay of Lumpkin, asked gentlemen to
look to it, that the rights of their constituents be
preserved. He and his people were ignorant, but
they were alive to their interests, &c.
The bill was made the special order for Tuesday
next.
The bill to organize a new comity from the
counties of Fayette and Henry, the new county to
be called Clayton, was taken up. Pending the
reading of certain memorials, the House adjourn
ed to 94 Friday morning.
SENATE.
Friday Morning, Nov. 26th, 1858.
The Senate was called to order pursuant to ad
journment.
After the Journal was read tire Cleik proceeded
with the
Call of Counties.
Arnold of Henry, To alter the law in regard to
Physicians.
Fambro of Upson, To incorporate Upson Camp
Ground.
Arnett of Decatur, To incorporate tlie Bain-
bridge Female College.
Johnson of Paulding, To explain an act passed
in 1857 exempting certain property from levy and
sale. No horses kept merely for pleasure are to
be exempted.
Qnillian of Gilmer, for the relief of John Farmer
and William Scott securiteson the bond of New
ton Freeman.
Riley of Lumkin, to extend the jurisdiction of
Justices Courts, to extend to damages not exceed-
' g $50 00.
Treadwell of W T hitfield. to repeal certain acts
allowing the Justices of the Inferior Court of
Whitfield connty to levy an extra tax.
Smith of Hancock, to vest the authorities of the
town of Sparta with power to punish.
Ward of Chatham, to alter and amend certain
acts in relation to the city of Savannah.
Price of Cass, a resolution to request the Gov
ernor to have the freights on iron reduced on the
W. & A. R. R.
Whitaker of Fulton, To authorize the authori
ties of the city of Atlanta to create a system of
Public Free Schools in said city. Also to vest the
authorities of the city of Atlanta with additional
powers.
Fields of Milton, to authorized John Boon of
the county of Milton to practice Medicine.
McConnell of Catoosa, To compel parties plain
tiff to give bond and security to the defendant in
certain cases and to permit defendants to sue for
damages on said bonds in certain cases. Also to
change the times of holding the. Superior and In
ferior Courts of the counties of the Cherokee Cir
cuit.
Several bills were read 1st and 2nd time.
Bill on their Third Reading.
To subscribe for COO copies oi a revised edition
of Cobb’s Analysis and Forms. A memorial was
read from Howell Cobb of Houston county in con
nection, and the resolution was agretd to.
To incorporate the Great Ohoopee Manufactu
ring Co. of Liberty couuty.
Stripling of Tattnall moved to amend by re
quiring a channel of 3(J feet to be left opeu for the
passage of lafts of timber.
On motion the hill and amendment was referred
to the Committee 011 the Judiciary.
The President announced to the Senate, that this was
the day appointed to meet the Trustees of Franklin
College, and thut said Trustees were now in session,
and ready to meet the Senate.
Mallard of Liberty, moved to appoint a committee of
three, to wait on the Trustees, aim uiform them that the
Senate was ready to receive them.
The resolution was agreed to, and that committee are
Messrs. Mallard, Harris of Aferriwether, aud Atkinson.
The committee retired, and in a few minutes returned,
and reported, through their chairman, Mr. Mallard, that
they had performed their duty, and the Trustees had
directed them to inform the Senate, that they would
meet the Senate in the course of a few minutes.
In a few minutes, the Trustees made their appear
ance. and the Senate received them standing. lion.
John E. Ward vacated his seat as President of the Sen
ate, and Gov. J. E. Brown took tlie President’s Chair,
and the Senate, in connection with the Trustees of the
University of Georgia, resolved themselves into the Sen
ates Aeademieus.
The first business in order, was the cull of counties
for information as to the state of Education in every
county. The Senators from most of the counties made
the following reports:
Mr President—“Havingreceived no returns from the
Ordinary of my county, I have nothing more to report
than that already given in the Comptroller’s report.
The subject does not seem to have awakened that inter
est that it ought to have awakened.” We were very
much pleased with the reports of the Senators from
Bibb and Chatham. They represent those counties to
he in a flourishing condition. We will say, that we
are gratified, highly gratified, at the report of the Hon.
John E. Wald, of Chatham. Chatham, like Saul,
stands head and shoulders above them all! We are
proud to feel, as a Georgian, that one county in the
State takis ns much interest ill this question. We
would not fail to give unto Caesar the things that are
due to Caesar. Therefore we say this, it is to the city
of Savannah, aud to it alone, that this county owes its
present system of Schools. No country population
would submit to the high taxes necessary to be imposed
to keep up ibis system. And for this reason, the popu
lation being more sparee, they do not feel the same ne
cessity for it. But in Chatham tlie eitv of Savannah
controls the county. They seeing, yes feeling, the ne
cessity tor this tar. submit to it willingly, Afacon, too,
is awakening to the great importance of the subject,
and Public Schools, not Poor Schools, are springing
up in her midst. Atlanta, too, calls for a law to author
ize the establishment of Free Schools. The whole
country is awakening to tlie vital importance of the
subject, audit is the earnest wish of every patriot, that
something may soon be accomplished, to the advance
ment of the cause of Education.
During the call of the counties, the Senatus Acadeui-
icus adjourned until 3 P. M The Senate then ad-
iounied until the same hour.
Belore Mr. Paine had tiuisiied his report | oeeu tested iu M. xico, lio\v can it have iailed
the body of Trustees made their appearance | there ? But everything has failed in _Mexico.—
and the Senate received tb p m standing, the Hon
John E. Ward retired from liis seat, Gov Broivu
took his place and the Senatus Acidemicus was in
session.
The call of counties as tlie unfinished business of the
morning was continued.
After the call was finished the Hon. Wm. L. Mitch
ell offered a resolution referring these reports to the
Senate aud requesting the Senate to refer them to the
Committees ou education of tlie two houses. The res
olution was passed.
The Hon. Henry Hull then addressed the Senatus
Aeademieus in a speech abounding in powerful argu
ment. We listened with pleasure to his beautiful de
fence
He
beu
thought that Georgia even owed Franklin College
$50,000.
H011. Thomas R B Cobb thed addressed tlie Senatus
Aeademieus. It is unnecessary for us to say that ilns
gentleman was listened to, oy a large audience.
Al! know tlie interest that this gentleman has taken in
the cause of education. The announcement of this
gentleman’s name as a speaker on this subject alwavs
draws a large audience. The gallery was full, the lob
by was full, and tlie whole house was full during the
delivery of Uis speech. Aud a more attentive or si
lent audience we have seldom seen. We are sorry that
space does uo.t pe.mit us to make a more extensive
report of the speeches of these gentlemen.
Pending the speech of this gentleman the Sen
atus Aeademieus adjourned until to-morrow morn
ing.
The Senate then adjourned until 94 A.M., to
morrow.
HOUSE OF REPRESENTATIVES
Friday Morning, Nov. 26.
The House met pursuant to adjournment.
Messrs. Little, Harris of Dougherty, Griffietli,
McWhorter and Hines were granted Jegye of ab
sence.
Price of Pickens moved to reconsider the bill lost
on Wednesday last, to lend the aid qf the State to
the Ellijay Railroad. The motion to .reconsider
prevailed, yeas 7J, nays 69.
Bills Introduced.
Fulmore of Cass a reselution to authorize the
Superintendent of the W. & A R. to reduce the
frieght on iron intended for railroad purposes.
Sprayberry of Catoosa: To authorize refreshments
to petty and special Juries.
Gordon of Chgtba iu: To refund A J. Crane
certain taxes also G.ray gnd Turly.
Also amendatory of the acts iu.relatiqp.tp draw
ing Jurors.
Also to regulate the fees of Clerk of Superior and
Inferior courts of Chatham county and clerk of the
city court ol'-Savannah.
Also to define the fees of clerk of Superior courts
of Chatham county.
Moore of Cl mi*!?: To authorize the Inferior court
of Clarke county to levy an extra tax for a jury
fuud.
Aw try of Cobb: To incorporate the town of Ac-
worth in Cobb county.
Mr. Powell of Decatur: To incorporate the Bain-
bridge Female College.
Webster of Floyd: To incorporate the Georgia
and Alabama Steamboat Company.
McDaniel of Gwiuette. To change the line be
tween DeKalb and Gwinnette.
Diamond of DeKalb: A resolution requiring the
State Librarian to return certain receipts &c.
Brantly of Hancock: For the relief ot , a
free person of color.
Mexico herself is a failure. Suppose that slavery
bad been tested there and had failed, is it a logical
conclusion that because everything has failed un
der the Mexican Government, which is itself a
failure, therefore everything must fail nnder the
American Government, which is not a failure? In
all probability, said the South Carolina Senator,
slavery will continue to fail there; and he hurls
this probability into the face of all the experience of
the past; for experience teaches us that Af
rican slavery will succeed where it can be
made profitable, aud that it can be made profit
able iu all regions which produce one 01^ more
of the three great staples. Cotton, Itice aud Sugar.
I remember that when Mr. Poinsett, another distin
guished South Carolinian, aud especially distin
guished for the extent and accuracy ot his statisti
cal research—was Minister at the Mexican Capi
tal, be prepared a treatise on the agricultural pro-
duets cf Mexico, .irr which he stated tliat one acre
of Sugar laudin Cuba would produo: twice as much
as an acre of Mississippi bottom, aud that
one acre of Mexican sugar land would produce
twice as much as an acre in Cuba, aud hence,
four tiroes as much as an aqre of Mississippi al
luvion. AB of.us are aware that tbe Cotton plant
grows wild iu Mexico.
But, inquired tbe South Carolina Senator, what
are we to do with t’pe seven or eight millions of In
dians who inhabit that territory ? It strikes me
that this is a late day in the history of this conti
nent to broach such a question, aud that it can be
best answered by propounding another; Where
are the millions of judians that once inhabited the
territory we now possess ? Is it proposed
to invalidate the title by which we hold tne better
part of this continent? I had supposed that we
held it by right of discovery;.and that this right pre
supposes that when a civilized aud superior race
comes in contact with au iufei iorznd barbarous race,
and cannot civilize them, the inferior race must be
annihilated, and thut this is the dispensation of God.
The civilized world lias been too long engaged iu
attempting to regulate the affairs of Heaven.
But what, inquired the Senator, shall we do
with the two or three millions of Spaniards and
mongrels whom we shall find there ? The answer
is at hand. Let them be analized ! Those that be
long to the Indian must go with the Indian; those
that belong to the negro must go to the negro;
(these that belong to the Spaniard arc Caucasian;
they are our brethren, they must come to us; and
he is cruelly unjust who contends that the Span
iard can be so depraved by bad government as to
be incapable of restoration by good. In refutation
ofsuch an idea. I point to your legislative rolls, to
the grand jury lists of your sea-board counties,
andofthe whole of Florida, where you will find
recorded the names of some of the most distin
guished, respected and patriotic of our country
men.
And to whom, and upon wliat principle have we
surrendered this territory 1 Was it to a Haps-
burgh or a Romanoff upon some principle of legit
imate and hereditary right, which, however ab
surd and stupid iu itself, is recognized by the
in iss of mankind ? Not at all. Do we conquer
like the grasping Roman to rob, to render tributa
ry, to enslave? We, who could have given order
to Mexico, restored her to disorder. We who
could have made her people rich, powerful and
happy, abandoned them to their poverty, their
weakness, their misery. We, who could have re
alized for them the dreams of their better days, ere
tlie spirit of lion-hearted Castille had altogether
abandoned them to their deep degradation ; we,
who could have given them a Republican Govern
ment of jist aud equal laws, WE surrendered
Lewis of Hancock: To regulate granting of re
tail license of spirituous liquors in Hancock Coun
ty- . . . .
Wilkes of Lincoln: To appropriate money for the them to the genius of anarchy and crouic revolu-
completion ot the State Lunatic Asylum. This non. There they are! a damning criticism upon
Bill also provides for paying ,the Commissioners , ttiat American statesmanship which, from the fear
&e 1 ‘ - - --------
Frederic of Macon: To relieve the students of the
of doing wrong, fails to do right, and turns from
the dictates of conscience and the immutable
Collingsworth Institute fromroad and patrol duty. J principles of rectitude and pliilantlirophy to consult
Hardeman of Bibb: To define tlie liability of j the public opinion of a prejudiced world. I ap-
Railroads for lost or damaged goods. ; prebend that the history of this country will show
Phillips of Merriwethen For the.relief of J. P. j too strong a disposition to court the approbation
3 o’clock P. M.
The Senate was called to order pursuant to ad-
iournment.
Painq of Telfair moved to appoint a committee
of three to inform the trustees of Franklin College
that the Senate was in session aud ready to receive
them. The resolution was agreed to and Messrs.
Pune, Edmondson and Slaughter are that commit
tee.
Tbe committee retired and after a few minutes ab>
scenes returned and
ed on tne
tontion of meeting
Moore.
Also for the relief of C, Findlqy.
Mr. Kendell of Merriwethen To Incorjorate the
Middle Ground Railroad Co.
Smith of Randolph to make permanent the pub
lic buildings of Randolph county.
Findley of Lumpkin: To appropriate money to
open a road across the Blue Ridge from Lumpkin
to Union county,
Faulk of Twiggs: To establish a board of ed
ucation for Twiggs county.
A resolution was ottered authorizing the State
Printer lo furnish 1000 copies of the.Comptrollers'
reports for the use. of members. Postponed for the
present
Hillyer of Walton, for assessing a tax against
the express companies of this State. The tax pro
posed is one percent on tlie gross income of said
companies.
Kimbrough of Stewart, to compel the recusant
banks to make certain returns, .under certain
penalties.
The unfinished business of Wednesday was
then taken up, to-wit< The bill to organize a new
county out ot' counties of Fayette and Henry.
Pending the reading of sundry memorials, some
in favor of, and others opposed to said new county,
the Hon. Speaker said, he would allow no certi
ficates read, unless by order of the House, eastiug
any reflections, by an out-sicler, upon any member
of this House, or of the Senate. The House decid
ed that the certificates should not be read. The
call for the previous question was not sustained.
The petition in favor of the new county was read.
Upon motion of >Ir. Lewis qf Greene, to post
pone this bill indefinitely, the yeas were 46, nays
94.
The previous question was called by Mr. Spray
berry of Catoosa. The yeas are 95, nays 49.
The General State Aid bill was taken up. The
proposition was to strike out the 9th section, in or
der to insert the individual liability clause. Hon.
Speaker Uuderwcod explained the provisions of
thissection, aud hoped the section would not be
stricken ont.
The motion to strike out prevailed. A new sec
tion was proposed, in lieu of the one .stricken out.
The new section was agreed to.
Lewis of Greeue, offered an amendment, ap
pointing a receiver, in case of the State’s bank
ruptcy, Ac , under the operation of this bill, if
passed.
Messrs. Bigliam aud Lewis’ amendments were
disagreed to, when the House adjourned to 3
o’clock this afternoon.
AFTERNOON SESSION.
Mr. Bigliam raised a point ot order, and renew
ed his call for the yeas and mays upon the amend
ment offered by hiuiself, extending the provisions
of the general State Aid Bill, to farms, manufac
tures, Ac. Several gentlemen engaged in thedis
cussion of the point raised by the gentleman
from I roup, who finally withdrew the point, for
the present.
Pending the discussion, the House adjourned to
94 o'clock to-morrow morning, when Speaker
Underwood has the floor,.
[For Saturday’s Proceedings see another column.]
[RRIMKTF.il BY A. E. MARSHALL ]
SPEECH
OF
HON. HENRY R. JACKSON,
OF SAVANNAH.
On tl»e extension of American Empire, %p«l its effects on S«Mth
ern Institutions. Delivered in the Hall of the House of
Representatives ol ihe Stale of Georgia; on Friday Even-
iu^'i November 23d, ISSN.
Mr. Chairman and Fellow-Cixizens : Re
sponding to the call with which I have been so
highly honored, addressing au audience so largely
composed of the public men of Georgia, it will be
naturally expected that I shall direct my remarks
to matters of public concern: the public policy of
the Country, State or Federal. The controlling
feature of that policy for the future, in all proba
bility for the immediate and pressing future, will
be, in my judgment, the extension.qf our National
Territory. The further proposition.deducible from
this is equally clear, that the chief hope as well as
the chief danger of the South must be sought in the
bearing of this principle ot territorial expansion
upon her domestic institutions.
Tlie public opinion of the civilized world has
been rapidly coming to tbe conclusion of late that
the peculiar relations existing between us aud tin-
island of Cuba, and more especially the States of
Mexico, can only result in their annexation. The
cliunge of public sentiment upon this subject,
among our own people, is worthy of note. Many
of us can remember the violent opposition which
was made to the annexation of Texas: yet who
would now be willing to see the once ‘ Lone Star”
stricken from our National Banner? At the con
clusion of the late war with Mexico, when it was
proposed to purchase new territory, the idea met
with a like resistance; and yet who would not now
exert all the power of the National grasp to retain
our golden State of tbe Pacific? Nay, .did an A-
morican Army now stand, as it stood ten years ago,
in the Mexican Capital, who among us would ad
vocate tlie policy of surrendering what we might
properly have held under the Laws of Nations by
the right of conquest? [Cheers ] What .a sacri
fice was there! Upon our side indefinitely postpon
ing an imperial control over the commerce of the
world; surrendering a territory which would have
placed the Gulf of Mexico within our embrace, and
made it our own Inland Sea, rendering easy of solu
tion tlie problems in reference to the Island of Cu
ba, the States of Central America, and the connex
ion between the waters of the Atlantic aud those of
the Pacific. I au aware that a difference of opinion
exists among Southern statesmen in reference to
the effect of such annexation upon the destiny of
the Sunth. And but recently a distinguised Sena
tor of South Carolina, iu a most extraordinary
speech, did not hesitate to avow his unqualified
conviction that such annexation would .only result
in the introduction of new nos-slaveholding
States into the American Union.
Now, fellow-citizens, nnder the genius of our
civilization, the man of thought, however potent
his intellect, can only hope to control the action
uf others by controlling their opinions, andean fair
ly hope to control their opinions, not by the
mere assumption of positions however bold,
broad and striking, but by the presentation of
sound argument and historic truth. The
iturned and reported that they had whit- South Carolina Senator contends that slave-
e Trusteesanc they had signified their in- ry cannot succeed in Mexico because “it appear*
of Reefing too fis—te |a a few min- to have failed there.” Failed! When? Has it
ever been tested in Mexico ? And if it has never
of Europe, an approbation which, in the nature of
things, we can never hope to secure. There are
certain laws now upon our National Statute
Route. Miteiicleit to protect goverrmeiits loo weak lo protect
themselves, and therefore unfit to exist. These statutes
have been enereet c.iily invoked by other governments, and
faithfully enforced by our own,to protect the government
of Spain in the island of Cuba, a government which would
need no such protection, if, like that of England in Canaila.it
was acceptable to the people. It is mainfest, then, that our
legislation has been invoked to protect Spain inheroppies
sion of Cuba, and upon no other conceivable principle than
that, because she hai been oppiessing it lor centuries, she
may fairly claim to oppress it forever. But is there a stat
ute of limit-tion to Iegali7e political oppression, or
to consecrate national crime? Under the laws of nations, as
against the action of organized governments, possibly yes!
But as against the victims of oppression themselves, ana
the chivalrous and adventurous of other countries who may
be ready to light their buttles, and to share their fate] all
humanity answers truniprt-tongued NO!! (Cheers.)
Uet me not be misunderstood! So Ion i as these statutes
remain on the Statute Book,they must b * enforced, and en
forced to the letter. True to it* sworn duty, our government
has been all along cnfocrcing them. It lias kept up a police
upon our Atlantic and Southern coast, has issued its procla
mations, made its arrests, and urged its prosecutions. What
credit has it received therefor? It has been held responsible
for the result of twothings, over neither of which has it been
able to exert control; since the one is the work of God:
and the other the work of the Spanish government. God has
placed the island of Cuba within fight of the coast of Floridi,
ami the Spanish government has so oppressed it, that
the people are notoriously ripe for rebellion. This
has attracted the chivalrous, the adventurous, the phi Ian-
throplc, towards its shores. In tain is it said by Americans
in Europe,that our government Is In no wise responsible for
these so-called filibustering expeditions. There is not a po
litical thinker of that continent, who do< s not believe that
the government connives at it all. And he so believes
because be is conscious that such would be the policy of
either one of the first class States of Europe.
To extend American territory has been styled our “mani
fest destiny,” and erroneously only in so far as It would
seem to apuropiUte to ourselves what vve simply share in
common with tho leading powers of the earth.
There is no fact better established in history
than that so soon as a dominant empire, instinct
with its own peculiar principle of civilization,
ceases to expand it begins to decay. The em
pires of Cyrus, of Ca-sar, of Charlemagne, of Ma
homet, were all of them illustrative of this sig
nificant truth. England, at present the lead-
ing power of the world, realizes it, and with
no expanding fiotliold on the continent of
Europe, is energetically building up her gigantic
empire in Asia ; is scrupulously guarding and un
scrupulously pushing her domination in every
quarter of the habitable globe. Napoleon the
Great fully realized it in the depths of his own
profound thought, reduced it to practice in his
daily action, and looking through his own too
rapidly, and hence too loosely constructed empire,
into the future, saw France and Russia, in accor
dance with his suggestion to the then czar
Alexander, dividing the continent of Europe
between them. At no time in the history of
that continent has the tendency of these great
powers to absorb the lesser been so marked
as at the present : day. Russia, having ab
sorbed Finland on the North, Poland ou the West,
and one Asiatic province after another ou the
East, but for the Crimean war would have absorbed
Turkey on the South, and some of us may yet live
to hear of another conversation of the Russian
Czar with a foreign embassador at St. Petersburg,
proposing to administer in advance upon the ef
fects of that "sick” and dying man; certainly not
with an Englishman, quite as certainly with a
Frenchman ; for could wo look into the heart of
the Emperor of the French, nay ! could we rend
the soul of French statesmanship, we would be
hold there inscribed, as the manifest destiny of
France, the extension of her Eastern frontier, and
first of all to the banks of tbe Rhine. Divided Ger
many trembles with the apprehension of Russian
encroachment on the North and French encroach-
m-nts on the West. It is notorions that deep-
seated uneasiness pervades the political mind of
Europe. Why these armaments, naval and mili
tary, so rapidly equipped, so energetically discip
lined, if it be not that the political thinkers of
Europe recognize tho workings of this principle
of expansion, .and see in the signs of the times,
and in the claims of advancing civilization, that
the lesser powers must be merged iu the greater?
The discoveries and inventions of modern science,
steam, tbe electric wire, the rapid transportation
of matter, the still more rapid transmission
of thought, all enable one government to dis
charge the duties which formerly required sever
al. Why keep in motion surplus, useless and
costly machinery? Geographical divisions, discor
dant languages, conflicting governments with
their various appliances, their civil establishments,
their stand ng armies, their custom-houses and
taxation, are all ot them stumbling blocks in the
path of advancing civilization. The ideal of a
pi-i feet civilization calls for but one religion, one
language, one universal law; and the question will
eventually be not as to the number of acres to be
seized, nor as to the wealth of the nations to be rob
bed, in accordance with the old pagan idea of con
quest, basing itself upon the brute principle of force,
but what government will render tbe greatest good
to the greatest number, in harmony with the vi
tal principle of the Christian religion, which is
love; and it is because we are furthest upon that
line of modern civilization, that we meet with the
unanimous opposition of those governments
which stand upon a different principle. Yet some of
the great thinkers of Europe have not failed to do
us justice. Guizot, the great political philosopher
of France, has said that a republican government
is that which places the greatest number of heads in
the sunlight, and wliat a volume of thought
is embodied in the penegyric pronounced by
Lord Brougham upon Washington: *• Here
after the test of a nation's civilization will
be its capacity to appreciate the character
of Washington!” Aud why the test of a na
tion’s civilization, if the civilizing idea be not
found iu the fact that, fiist and foremost among
men,'"
on his
government, taking it out of material forms and
placing it in the abstract law? There it stands,
cold yet pure, unsympalhizing yet incorruptible, a
crowned abstraction, bolding the sceptre of empire
in its pulseless hand, the constitution of these Uni
ted States ! (Cheers.) Sublime reflection ! that the
American citizen is the subject only of thought. Ex
alting prerogative! that wherever or whoever he
may be, whether seated in the executive mansion
at Washington, the nation's Chief, or following his
plough in the broad blaze of the uoon-day sun in
the solitude of the Western wilderness, he recog
nizes no material medium between himself and the
soul of all thought, of all law, of all truth, and that
when he kneels hekneels alone tc his God! (Cheers)
But although the principle of our government
be thus immaterialized, and is thus placed beyond
tbe reach of the assassin’s dagger, (no Brutns can
stab our Caesar,) yet there may be treason under it
Aud traitors against it; aud there are various gradua
tions in the attachment eutertained towards it. Were
we to test that sentiment by lines of geographical di
vision, I fear less of it would be found at tne North
than the South; were wc to test it by lines of par^
demarcation I am quite sure that we should discover
much more of it inside than ever has existed out
side of the democratic party. There must be a
reason for this in the nature of things; let us seek
it!
We must first realize that attachment to our
constitution differs from the loyalty which a sub
ject feels for his sovereign. Loyalty is an affec
tion of tbe heart drawn out towards a man (like
the fondness of a dog for his master) precisely as
love is an affection of the heart drawn out towards
a woman. It belongs to a lower grade of political
civilization than the one to which we have attained.
I mean, of course, loyalty for a sovereign, not
love for a woman. Our attachment to the
constitution is rather the result of an intel
lectual process, basiug itself upon conscience
as affected by the dictates of duty, or upon judg
ment is controlled by considerations of interest
Now both of these elements combine to attach us
ot the south to the constitution. I fear that one
of them lias grown quite weak, and is growing still
weaker, at the North. The South is numerically
feebler than the North, the constitution protects her;
the North is numerically strong, the constitution
restrains her.
We cf the South have been denounced as seces
sionists. nullifiers, revolutionists. But from what
have we been disposed to secede? Not from the
constitution, but from those who have aban
doned it. What have we wished to nullify ?
Not the constitution,butaets which hare violated it.
Why have we been charged with revolutionary
tendencies? Because w.e have not desired com
panionship with those who are revolutionary them
selves—who have rebelled against the constitution.
We of the South are necessarily the most conserva-
tive.anti-revolutaoarypeopleofthe world. The demo
cratic parly, imJike any other national political or
ganization which has existed iu this country, has
been uniformly controlled by its Southern or con
stitutional wing. I say unlike auy other national or
ganization' The Northern wings of the great Feder
al and whig parties exacted from the Southern un
just, unequal and unconstitutional legislation.—
They joined issue with tbe Constitution. The.
constitution lias prevailed, and tliey have ceased to
exist. Read this in the history of National banks
and protective tariffs. Behold the.closing scene of
the drama when the nullifier of the South stood side
by side with theTariffite of Massachusetts, in advo
cacy of the unconstitutional doctrine of protection.
But the democratic party, anti-bank,anti-tariff, anti-
internal improvement, anti-everything not war
ranted by a strict construction of the Federal con
stitution. has generally triumphed, ou more than
one occasion has saved the integrity of the Union,
and lias pushed it on towards wealth, power afld
grandeur with a rapidity unexampled in tbe history
of the world. [Cheers. J
While the Democratic party lias thus been con
trolled generally by its Southern wing upon ques
tions involving the Constitution, that control has
been specially exerted in reference to our peculiar
institution, the institution of slavery. lean here
safely take the position that if the South has ever
retained or regained one inch of constitutional
right, so far as her peculiar interest is concerned,
it has been through the instrumentality of the De
mocratic party.
At one time those rights were fearfully compro
mised. The ordinance of 1787, the great original
of the Wilraot Proviso, ceding away our rights
in tbe whole of the north-west territory, then be
longing to a Slave State, and establishing a pre
cedent for all the unconstitutional legislation
which has since followed, emanated from South
ern brains, and was supported by Southern votss.
From that time down to this the contest has been
to regain what we then so deplorably lost. It was
the Democratic party, or rather its predecessor the
Republican party, which, in 1820, brought the
Slave State of Missouri into the Union. It was
the Democratic party, controlled by its Southern
wing, which secured the annexation of Texas, with
the capacity of being divided iuto several slave-
holding States. It was again the Democratic par
ty which obtained for the South all that was val
uable in the compromise measures of 1850. It
was tbe Democratic party that passed tlie Kansas-
Nebraska bill, and thoughout the whole of the
Kansas agitation down to tlie close of the last
stormy session of Congress, it was the Democratic
party which stood by the Constitution and the
rights of the South. Not that all of the Northern
Democracy have at all times been altogether true
to their party allegiance, for there have been oc
casions when portions of them have exhibited a
disposition to turn to the flesh pots of Egypt,
and to worship idols outside of the ark of the Con
stitution, but that their Southern brethren with a
conviction of right and a firmness of purpose not
to be resisted, have ruled them back to the true
faith. When impartial history comes to be written, it
will be recorded that the Southern Democracy,
standing consistently, resolutely, at times almost
desperately, upon the Coustitution of the country,
seeing most things else corrupting, crumbling,
floating hither and thither around them, have sa
ved the rights of the South and tlie integrity of
the Union. (Cheers )
The important question now arises shall this
continue ? or is it at an end ? At the commence
ment of the last session of Congress the South
occupied an enviable position in reference to her
rights. After wandering through a wilderness of
doubt and danger, where were encountered (1) the
idea that Congress could legislate slavery out of
a territory ; (2) the idea that n territorial legisla
ture could do that act. aud (3) that undefined, and,
as it seems to me, indefinable thing called squatter
sovereignty, the couutry had finally come back to
the Constitution, and all brandies of the govern
ment had united in proclaiming equal rights in
the territories ; that the Southern slaveholder has
the right, under the Coustitution. to carry liis slave
property into any territory and there to hold it as a
vested right, not to be divested by Congression
al legislation, nor territorial legislation, nor even
by the people themselves when they shall come to
form a State Constitution.
This principle was first annulment] by a Northern man in
1SW in the XepresentatiTe Chamber. It was lion. J. Glanry
Jones of Pennsylvania; ami 1 bee permission toreatl what fell
from Ills lips : All honor to him for it:
Mr. Coa —Will the gentleman parrton me for asking hfm
anoiherquestlon? I desire to know whether the gentleman
believes that the laws established by tbe Legislature ol the
Territory of Kanas are, under ihe Coustituiiou of Ihe Lotted
Slates, null and void?
Mr. Jones—Ceeriainly, 1 will answer the qnesiinn; and I
think wliat I have alreadysaui must make my opinion evi
dent upon that questicu. I have said already, that in my
opinion, the Constitution limits the power of Congress
to theextentol prohibiting them either from esiablishtog or
abolishing slavery in the Territoty. Admitting that view to
be correct, 1 suppose it follows, as a matter of course, that
the Constitution or the United States confers upon the
people of the Territory no right to disposses any man of his
right to property, whether it be slave or any other proper
ty, And, therefore, the Legislative Council ot the Territory,
though they may pass laws regulating the disposal anJ
protection of propeity, have no right so to administer
those laws as either to establish or abolish the right to
hold that properly
(Debates on tlie Organization of the Houseof Representa
tives, Friday December 21, 1833. See appendix to Ccngres
slonai Globe,Page 35 >
I may remark in passing, that this gentleman, a special
friend of the Piesident of the United States, wasa marked
otijecl in Hie last canvass in Pennsylvania, and was defeated
by a mad appeal to anti Southern piejudiccs, and sectional
passions; and that the President has conferred upon him the
honorable appointment of Minister to Austria, w bag South
err. man does not wish him God sped, as lie goes upon his
mission? WhM Southern man will not hail, wuh still greater
- uisfaciion, his return hereafter tothe councils of the nation?
(Cheers )
Subsequently to this, Ihe same principle was affirmed by a
solemn decision of tlie Supreme Court of Die United Stai.-s, in
the Dret S coltcare, which must be latoiliar tous all. That
decision was undoubtedly controlled by the Democratic
elements upon the Supreme Bench. Fur when a pullt.cal
question comes up in a Court of Justice, iiolitical thought
must of necessity control it. And I may remark that the
South was ably represented on that bench. TwonftheJus-
ticesare Georgians by birth. One of them, (Judge Wayne) tiy
years of service, has acquired a reputation kuow it to
the whole country. Theothe.rhas been more recently ap
pointed, hut is possessed of an intellectual power, a vastness
of erudition, a purity of heart, and a Dimness of purpose
which enrol him among the very greatest men of Ihecoun
try. in Judge Campbell, Georgia may lie proud of her son!
ICheers.) Finally, this principle was announced to Congress
by President Buchanan ia his message of 185?, hurling it, as
lie did, into the very face of tlie Kansas agitators.
“Should the constitution,” said the President,
“without slavery he adopted by the votes of the
majority, the rights of slaves now in the Territo
ry are reserved. The number of these is very
small; but if it were greater, the provision would
be equally just and reasonable. The slaves were
brought into tlie Territory under tiie Constitution
of the United States, and are now the property of
their masters. This point has at length been final-
eeut popular elections. A distinguished lead
er of the Democratic party, distinguished
as a champion cf the rights of tho South
and as a defender of the constitution; a mon
whose name, if pronounced in this hall twelve
months ago, would have drawn out from a Southern
Democratic audience shouts of enthusiastic id-
miration, has not hesitated te join issuo with the
Democratic party upon this principle. It j,
yet more painful to say that this attack,
thus made by Judge Douglas, is far u,«re
dangerous than all the efforts of the re .
publiean party of the North, because it is at the
same time more covert and more revolutionary
And that there may be no mistake as to factsj pray
your attention while I read extracts from an ethto-
rial in one of his own leading organs, explanatory
of sentiments which fell from his own lips, and oy.
idently designed to soothe the irritation of l-q
Southern friends.
“The Freeport speech of Senator Douglas, deliy.
ered on the 27th of August last, wherein he took
tlie ground that the people of a Territory can by
lawful means exclude slavery from its limits, sim
ply hy uegleetiug to pass laws for its protection
excited for r. time a good deal of remark on the
part of extreme Southern journals, and those in
the special interest a f the National administration
They sought to make out from this speech a case
of treachery to the constitutional rights c f the South,
and a virtual repudiation of the Dred Scott de-
decision.
Now, to o«r mind. Judge Douglas, instead of
going too far in lus Freeport speech, did not go tar
enough. For. while he did not assert it as a'right
guarantied by the Constitution, or as decided bv
lie Supreme court, neither did he deny, that
the Coustitution and the Dred Scott decision pro
tected slavery witkin the limits of tho organized
Territories of the United States. He simply ar
gued that, if slavery could constitutionally cuter
a Territory, it could notxemain there without the
protection of local police regulations, aud that if
the local legislature simply decline to foster it by
local laws, it would be practically driven outside
its boundaries.
We go a step beyond Judge Douglas and hold
that tbe constitution protects slavery only ia the
States where it already exists, and in such portions
of tbe territory of the United States as are unorgan
ized for tbe purpose of local government.”—Pioneer
and Democrat, of Oct. 30.
Now, fellow-citizens, I repeat, the position here
ascribed to Judge Douglas, and which he undoubt
edly assumed and enforced with all the power of
his vigorous intellect, is more revolutionary aud
covert than that occupied by the Republican par
ty of tbe North, because they utterly repudiate
the Dred Seott decision, and hold that by virtue
of tbe Constitution, either Congress or the Terri
torial Legislature have the right to exclude slavery
from national territory; thus not pretending to
counsel or defend an evasion of the Constitution
itself: but Judge Douglas, admitting the validity
of that decision, and the constitutional right of
the Southern slaveholder, developes to the North
ern fanatic an artful plan of preventing its practi
cal enjoyment through the omission of Territorial
Legislatures to discharge their sworn duty. AU
civilized law, like nature, abhors a vacuum. If *
right exist in the fundamental law, aud cannot be
enjoyed. Government has ceased to perform its le-
f iLi mate functions; anarchy has begun. Tbe fuu-
anient.nl law of this country is the Constitution
of the United States—the fundamental law not
merely for the territories, and territorial legisla
tures, but for States and State legislatures. But
the States havo their own constitutions under
which their legislatures exist, and to which they
are ameuiable ; while the territories having no con-
stitution save the Constitution of the United
States, under that their legislatures exist, snd to
that aloue are they responsible. A right guaran
tied by the Coustitution, tbe Constitution intends
shall be respected; not to respect it, whether by act
of omission or commission, is not to respect the
Constitution which the legislature is sworn to re
spect, and this is perjury. The Constitution of the U.
States is the sovereign law of the land. Not to
obey it, whether by act of omission or commission,
is tbe first, and a great step towards treason.
Judge Douglass would doubtless indignantly repel
the imputation of having suggested political pei-
jury and counselled treason. Yet does not logical
deduction force us, though uuwilliugly and pain
fully yet irresistibly, to that conclusion? Aud
while such is his position in principle, what has
recently been his position in fact? Has he not
been acting with the most revolutionary party this
country has ever produced ? The revolutionary
principle has been for years at work at the North.
Witness it in the refusal of the Northern States
and State legislatures to carry outthe constitution
al provision for the restoration of fugitive slaves.
See it more distinctly exhibited of late in open and
armed resistance to the enforcement of the fugi
tive slave law ; and, last of all, behold it raising
the standard of rebellion against the legality con
stituted authorities of Kansas; a rebellion coun
tenanced thoughout by the Republican party, and
of Judge Douglas and
i, Washington, declining to place a crown up-
a is own brow, immattrializcd the principle of
ly decided by the highest judicial tribunal of the
country—and this upon the piain principle that
when a confederacy of soverign States acquire a
new territory at their joint expense, both equality
and justice demand that the citizens of one and
nil of them shall have the right to take into it
whatsoever is recognized as property by tbe com
mon Constitution. To have summarily confisca
ted the property in slaves already in tho Territory
would have been nn act of gross injustice, and
contrary to the practice of the older States of the
Union which have abolished slavery.”
Can it he denied that this is a great practical
right? In the first place it is a constitutional right,
and all constitutional questions are practical ques
tions. The true position for the South to occupy
upon each aud all of them is this, thut she will nev
er submit to a persistent violation of the constitu
tion of the United States. She will appeal to rea
son first, but if reason does not suffice, w hen the
argument is exhausted, she will stand by her arms,
(much cheering ) But, apart from the constitution
al consideration, is it not a right of the greatest
practical importance in connection with what has
already been said iu reference to our manifest desti
ny, territorial expansion ? Does it not become the
heart,tlielife-blood,the vital principleofsouthern se
curity and southern progress! So fully has this been
realized at the North that the leader of the Repub
lican party, (William H. Seward) in a recent
speech in New York, has declared his conviction
that the political contest now going on is for the
extinction or extension of slavery throughout
the Union: that slavery must either be abolished
at the South or established at the North, and the
Senator gives us to understand that in the latter al
ternative he will retire to foreign parts, a consum
mation most devoutly to be wished for! (cheers.)
He contends that so completely is the democratic
party indoctrinated with the principle of slavery ex
tension that, to prevent its establishment in the
State of New York, that party must be permanent
ly dislodged from power.
. Wheu this great principle, thus eliminated by 39
years of constant conflict should have taken its place
in the democratic creed forever, and thus recog
nized by all branches of the Federal government,
the Legislature, the Executive, and above all the
judiciary, should have been permanently fixed
among those established pr.nciples of construction
which have grown up around the constitution, a
species of common law quite as sacred as the con
stitution itself, it is painnil to be compelled to say
that it has been once more hurled, and that by a
Democratic hand, into the arena of political con
flict, and has been repndiated by the North in re-
more recently by the action
his friends.
What true-hearted Northern Democrat could act
with such a party ? What true hearted Southern
man could tolerate such action? And yet, at the
last session of Congress, Judge Douglas did act
with such a party ! With its leaders did lie go
into caucus! To advance its disorganizing
schemes did he exert his potent influence; and that
as against the constitution of the country, the prin
ciples of the democratic party, and the rights orthe
South, alt them ably represented by tbe national
administration. It was only about twelve months
ago that a convention assembled iu this Chamber
to nominate your present able chief magistrate.
That convention passed resolutions condenn ing
the administration in advance, should it encirse
the position assumed by Gov. Walker, that the
Constitution, then about to be acted upon by the
Lecompton Convention, should be submitted to the
vote of the people of Kansas; yet, after this Con
stitution had been adopted, although it did sub
mit the slavery clause to the popular vote for rati-
fieatiou, nevertheless Senator Douglas voted
against the admission of Kansas inti the Union
under it, and advocated the doctrine of Congres
sional dictation to the sovereignty of Kansas as
to the matter of submission.
But, fellow citizens, it was not the mere demand
for the submission of a Constitution to the popular
vote, however irregularthat submission might have
been, which aroused the South to indignant re
monstrance; it was because that submission was
dictated by a revolutionary party, iu opeu defiance
to the organic law, refusing to cast their votes in
accordance with it, raisiug the standard of rebellion
against it, resorting to powder and ball and to
Sharpe’s rifles for the purpose of driving Southern
men fiom the enjoyment of their legal rights. We
of the South were warring throughout against the
mad spirit of revolution. It was with this spirit
that Judge Douglas and tbe Douglas Democrats
identified themselves throughout the stormy con
flicts of the last session of Con'gress.
As a matter of course it placed them in antag
onism with the National Administration, for had it
not done so, the Administration would have been
unworthy of Southern confidence, or Democratic
support. Revolutionary principles are dangerous
nough wheu they come from our opponents—far
more dangerous when they come from the bosom
of our own party. After having made the same
Congressional record with the Republicans, Doug
las and the Douglas Democrats went forth upon
it to the people of tho North, they fought upon it,
they appealed to sectional prejudice and passion,
d they carried the day. Everywhere outside of
Illinois, the adherents of Douglas, repudiated by
the Democratic, were received with open arms by
the Republican party. Davis in Indiana, Clarke
and Ilaskins iu New York, Adrian in New Jersey,
Hickman iu Pennsylvania, and McKibben in Cae-
fomiii, have all been returned to Congress by lie-
publican votes. Is this a Democratic victory’
Can .Southern Democrats shout pea ns iu its honor!
Yet these men were tlie simple tools of Douglas :
the instruments of 1ns will. His was the controll
ing thought, not theirs. He is first responsible, not
they, for the disastrous result which has stricken
dowu, everywhere iu the North and North-West,
the true men of the Democratic party, and educ
ed it from a controlling majority to a minority ,n
tho House of Representatives.
In Illinois, unfortunately, he has been able to
carry with hiiu the Democratic organization. He
will be re-eiocteu, and now comes the question:
What position is Judgo Douglas lo assume iu the
Democratic party ? I presume no ono cares w
read iiiui out of it. We strike not for men, butiof
principles; ive strike not aga-.ist men, but against
heresies. Is Judge Douglas prepared to abandon
his heresy ?
Defections which have heretofore occurred i»
the Democratic party, have been met and over
come, and the integrity of the party preserved
But how met ! By whom overcome ? Why. by
the Democratic party of the South coming up »; i
solid phalanx with a firm determination to sta:H 1
by the true men of the North, and to repudiate to-
false, to sustain true Constitutional principle, but
toc. usli out heresy. ^Iu vain can we hope to tinda
Northern statesman true to us, if we are uot true to
ourselves. Once let it be understood that he can se
cure the support of the people of his own seetiiW
by trafficking away the principles of the Demo
cratic party aud the dearest lights of the
and then turn to receive the smile of approve
and a welcome from Southern Democrats, a" 1
everything is surrendered^
The South will add ingratitude to the saerilK
of principle, and forfeit her honor to the dici» tei
of a false policy, if at the same time that she * e ‘
comes a deserter from her cause, she shorn
turn her back upon her life-long champion aed u
swerving friend. , , ..
Whatever may be tbe course of the ^ orl y* t
States towards the President, tlie South at ■■
can never forget the man who iu every strugg 1
has been her faithful friend. .. .
In 1817, Mr. Buchanan, first and foremost, i* “
alone, of Northern Statesmen, proclaimed t
new Territory should bo fairly divided beta •
the sections, in accordance with the spirit _
meaning of the Missouri Compromise. 1 he
tremost Southern Rights men, in council at
viile, demanded no more than he had boet) ■
to accord iu the outset of the controversy. ^
That method ot settlemout having failed,
planted himself by tlie side of the South on ,
great doctrine of non-intervention, and
rights of tbe States in the territories. To that
trine he has adhered in the hour of triumph »
the hour of defeat. He proclaimed it when ^
minant party sustained him iu its assertion, s
equally proclaims it now when disaster a»“