Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869, April 02, 1869, Image 8
The Gfeorgia TV'eekly Telegraph. THE TELEGRAPH. ■ MACON,- FRIDAY, APRIL 2, I860. Wee the Danger. ' Some of the Radical papers have just suc ceeded in discovering the great danger to liber ty in a “Supreme Senate." It is indeed a heavy burden for the burr-tailed tackey of Con stitutional freedom; but they havo been able to see this only since they have discovered that the Senate is an “obstaclef* to a re-partition of the spoils. That discovery has sharpened their mental optics -wonderfully. Any- thing that threatens their interests invests a Constitutional •dogma with great clearness and importance. Now they see this problem: Given a President managed by a Supreme Senate—controlled in its tom by a supreme party caucus, worked by a Now England triumvirate of Radical Sena tors—who is President? what is the Senate ?— ■and what is the Government ? The President is a pnppot—the Senate the wire that sets him in motion—the caucus is the crank, and the three wiso men from the East are the perform ers who turn it. It is a very nice and inge nious arrangement—but what would yon call it? Negro Eligibility to Office. Wo have copiod on our first page the decision of Judge Schley in the R. W. White ease, deny- ing the eligibility of negroes to office in the State of Georgia. Counsel for White took Exceptions, and intimated a pnrpose to carry the case at once to the Supreme Court. \ | Testimony was then introduced as to the fact that White was a man of color. The testimony was all ox parte. Counsel waived argument on both sides, and the jury agreed on a verdict “that the said R. W. White had one-eighth no gro blood in his veins, and was a person of color under the laws of Georgia.” South and West. A private letter from a New York merchant says “trade from the South is active—the West is nowhere." What is the matter with the West? Is she doing her own manufacturing—her own importing—and her own smuggling? A great •deal of all, no doubt. But it seems to us with the present prices of grain, flour, bacon, and mules, horses and, in fact, all she has to sell, the West should be fnll handed and ready for -trade if so disposed! “The land we l>ovc and the New Eclec tic. Wo have the April number and the first one of these consolidated Magazines. It has a cap ital table of contents—is adorned with a portrait of Count Bismarck, and is altogether, perhaps, . the most attractive of the American Monthlies. Its publishers are Turnbull & Murdoch, to whom all correspondence relative to the Magazine must be addressed, and to whoso order all drafts must be made payable. Gen. Hill’s address is Char lotte, N. C. _ The Ilaj tian Shambles. Admiral Hoff, of the West India squadron, in dorses in Ms reports to the Navy Department, name shocking reports of butcbeiy now going on in Hie delectable isle of San Domingo which newspapers had no sooner published, than a tel egram issent North to say that “the accounts of cruelties in Hayti are much exaggerated.” Nothing is to be credited except “rebel outrages in the South.” Annexation op Paraguay.—-The Bnenos Ayres papers publish a rumor that President Lopez desires to cede Paraguay to the United States. This is, like St. Domingo, another bankrupted concern, which would like to get its debts paid -off by ns. We have not the slightCst-ose for South American territory, and especially small kingdoms and republics loaded wifckdebt, and, as in this case, with a big war band. We are obliged to pay out a good deal of money for nothing more than sending Jiroken-down politicians as ministers to these one-borso little States. Butler’s motion to abolish them ought to pass. Mn. Henry C. Caret sends us a pamphlet copy of his review of Commissioner Wells’ re port on the revenue. Mr. Wells’ report was a -stab in the vitals of “protection,” under cover 'df on exposure of the defects of the existing ta riff, and the protectionists have kept up a terri ble buzzing over that document. Mr. Carey is t the champion protectionist in America. Wo suppose be is honest in the matter. We are in clined to think he has firmly persuaded himself that the way to raise revenue is to levy a pro hibitory duty, and the way to make cheap goods is to pat down competition in manufacturing them. Death of Edwaed Bates.—Hon. Edward Bates died at St. Lonis last Friday. Ho be longed to neft a small number of men who have more real worth than fame. Mr. Bates- was well known in the Mississippi Valley in the days •of the old Whig party, of wMch he was an ac knowledged lender. But always residing in a Democratic district and State, he never attained -. aqjntSIic office until after the advent of Lincoln . and the-radicals. He was Lincoln’s Attorney- - General. •Mas. Edwaed B. White, a very accomplished Southern lady, has established a boarding and day school for young ladies at No. 2 West Forty- Third street, Now York, .where Southern pupils can- profit by the superior instructional facilities .-attainable in the great metropolis, and at the samo time be under safe and satisfactory re straints and influences. We call attention to Mrs. White’s advertisement. 'Imprudent.—The papers announce the arrival in Chicago of twenty wives of Brigham Yonng. How. Young consented to risk twenty-five per • eenL-.of-.bis domesticity in such a place as CM- eago, Is inexplicable. Probably he quieted his fears with the reflection that if they failed Mm, he had “a few more left of the same sort.” Collector of New York.—The President has nominated Moses H. Grinwell, Collector of New York. This is certainly one good appointment. List of Georgia Acts.—The Intelligencer ^publishes a list of acts and resolutions passed at -the last session. It is dry reading, bnt we will make room for it in a day or two. -Diamonds in Georgia.—The Commissioner of i the General Land Office has received reliable a information relative to diamond discoveries in - Georgia. In a pit four by six feet, in washing for gold, three diamonds were found, one of -wMch. weighed one, and the other two karats. “.‘NcLLJcre Void. ”—Some of the papers say the act to reconstruct Georgia on the Ethiopean pattern declares all the legislation of the late General Assembly null and .void. If that be so, some capital Will .have been wasted. -‘‘Mosxs in Egypt.”—Andy Johnson in East Tennessee. We are. glad to see he is better. The papers report that he was attacked with pa ralysis. Wealthy Cnbans are-sending their money to this country for safe-keeping. Infiuiticide in France. The Chicago Times translates from recent French papers some horrible details of infanti cide in France, and adds some comments, a part of which we republish below. Such is the progress of this crime in some sections of Amer ica as notoriously to threaten a revolution in races. Oar readers will remember that of late, the New England papers and periodicals have been sounding the alarm and admit that, in a few years, at the present comparative ratio of increase, NewEnglandwillsoonbeinthehandsof the Celts, whose offspring are more than twice as numerous as that of the Anglo-Saxons. That the public morals on this subject are very little better in the West, may bo inferred from the concluding paragraph in this extract from the Times. All this is due mainly to extravagance in liv ing. People cannot keep np style and meet the expense of rearing a numerous family. It is the poor alone, who care nothing for style, and intend that their children shall not only earn their bread, bnt assist their parents in the com mon struggle against want, who rear large fam ilies. Thus the population of the country is cMefly maintained by those least able to give their children the benefits of intellectual and moral training. In this state of facts, the natural and divinely sanctioned pride in a numerous family lias given place to a false, discreditable, immoral and unscriptnral shame of children. It is come to be considered very nnfasMonable certainly, if not absolutely disgraceful, to claim paternity of little groups, which onr fathers and mothers would have considered very small families. There is much in connection with this subject which demands the attention of the religionist, tie moralist and the philosopher; but as we lay claim to neither capacity, we will content our selves with copying the Times’ editorial wMch has suggested the few words we have dropped: At the Court of assize held in Garonne, and whose session began on the tMrd of the present month, eight women were arraigned for trial. Every one of these women is married. It is perhaps admissible to suppose that all of them have passed a certain age, and reached np to, or beyond, the climacteric of womanhood. At or about this period, some women, unless sub jected to a strong guidance, or repressed by the education of early life, are very apt to fly off on some tangent. A woman of such a class may become possessed with a desire to unsex herself. She may wish to become an Amazon, nmember of a women’s rights organization, a lectnress on fancied wrongs, an abortionist, or something else outre, unnatural and unwomanly. These eight French women did not organize a Sorosis society, or start a journal favoring the unsexing of women, or inaugurate lecturing ex peditions. They did the next most available and germain tMng: They took charge of yonng babes whose mothers had something else to at tend to than their children. * They took such children along with a present of from $30 to $500 and agreed to care for them. They also initiated an ante-natal slaughter-house on a large scale, and in wMch they did a most thriv ing business. As a specimen of how women’s rights are progressing among the Gauls, we translate and summarize some portions of the long act of ac cusation. In August, one of the accused took charge of the illegitimate infant of a young girl, ostensibly to place it in a hospital for children at Cadillac. She took the child home, held its head into a vessel of water until dead, threw the body into a cess-pond, and pocketed the amount which had been given her to pay for the child’s support. Another lady of tMs organization took charge of the child of her daughter, and cared for it by giving it a dose of vitriol. The mother of the child was one of the accused, and was present at, and assisted the operation of poisoning her offspring. Another of the enterprising eight took possession of the child of Jeanne Gamel, and 240 francs, which were to be devoted to its support. The infant was speedily made to un dergo asphyxia, and was buried in a hole in a remote room of her residence. The same en terprising lady took charge of another child and 500 francs, the former of wMch was speedily disposed of by the use of a bucket of water. The indictment occnpies several columns of finely printed type. It recites the murder of something like fifty infants within the last year. It deals in details utterly unfit, in many casses, for translation. Infants were drowned in buckets of water, were poisoned, their bodies were thrown into the sinks of out-houses, or were cut to pieces and buried in cellars and other out-of-the-way places. Fragments of bo dies partially consumed by rats, and bones without number, were found in the residences of the accused. In fine, the indictment is a recital of wholesale assassination whose relations are without parallel in horror and atrocity. As the result of the trial has not been given, we cannot havo the pleasure of announcing, at present, that all of the eight have been sentenced to be executed. The gratification of making and re ceiving the announcement must be reserved to a later date. All this seems very terrible; but it is no worse than a thousand occurrences wMch are taking place every day in this country. The difference is simply one of publicity. There, the crimes were committed by professional assassins, and were discovered. Here, the same sort of thing is occurring, only the mothers are the assassins, and the thing is not made public save in isola ted cases. The difference is not, therefore, one of culpability; it is simply that of detection. Forney’s Southern Proclivities. “ It is not generally known, perhaps, that this vile scoundrel has opened in Washington city a Southern Land and Immigration Agency, in connection with the Chronicle office. This is so, however, and the Southern man who will have anything to do with this dirty dog ought to be tarred and feathered!” The foregoing is copied from the Athens Southern Watchman, and, in response to it, we announce onrselvcs agents, for this State, of the Chronicle Land Agency, located in Washington and PhiladelpMa. We believe Cob Forney, when he writes ns: “ My whole object is to see the South, not only restored to her past prosperity, bnt to. see it embark npon a career of renown, that will place it in successful competition with the North, and to this end, I propose to devote all the energies I possess.” But it is due to truth that we should also say, that if wo had no faith at all in Mr. Forney’s 'motives, we should still be ready to sell Georgia lands to any man who wants to buy and settle upon them. We shall make no inquiry what ever into Ms “ political proclivities ” or ante cedents,' satisfied that in the act of purchase and settlement he has given fair and reasonable security for good behavior, and identified his personal interest with the common fortune. Is it possible too strongly to condemn such folly as is displayed in the foregoing paragraph from the Watchman ?. Every man in Georgia is crying out for immigration. We write, specu late and legislate npon this topic more than any other. We have forty thousand miles of Waste and unoccupied land which we wish to sell and to cultivate with a productive population: but the Watchman, et id omne genus, don’t want them sold by any body who is not “sound on the goose” of reconstruction I Does he inquire particularly into the moral character of those who offer to subscribe for the Watchman? would he send Forney that paper if the latter should enclose the regular fee ? Would he be so “dirty a dog ’ as to have so much to do with Forney ? Does he ever touch Northern money, or Northern food, or Northern clothing? Should he not be carefully “fenced in," and a great Chinese wall bnilt around him, so that his sacred and sensitive nerves should not be jarred by any of the profanuia tulgus from beyond the Potomac? It ye just such ridiculous stupidity as this' that puts cudgels in the hands of our Northern enemies, and co-operates with the worst foes of the South in- embarrassing the fn- Guy-sec English towns Lave sent petitions ^ Qre of this section, to Parliament for female suffrage. .? the South is too clear for a mo- ■ North Casglima makes more money from her •peanutcrop than from her cotton. 'The People s Defender,is the name of a new weekly newspaper just established in Newnan, Georgia, by Jackson T. Taylor, Esq.—a large and wafl-fllied sheet • A Mortal Dullness prevails the papers. ... meat’s hesitation. Throw wide open the doors to the immigrant and settler from every part of the globe; welcome all r who will stake their lives and money in the common lot. Rely upon community of interest to produce a reasonable harmony of opinion and feeling. Put the land in market.. Fill the State a* soon as possible with an industrious white population, and sell lands as yon would sell anything eke. That is our policy. Bcttb i Brother, • Georgia Land Agency, Macon. vj4$9, 1869. Is a Negro Eligible to Office In Geor gia • JUDGE SCHLEY DECIDES HE IS NOT. In the Chatham Superior Court, Friday, March 26, Judge Schley rendered the following deci sion, which we copy from the Savannah News: State of Georgia, ex. relatione W. J. Clements, ts. Richard W. WMte, Clerk of Superior Court of Chatham county. Quo Warranto. In Chatham Superior Court. The writ of quo warranto alleges that the re spondent, Richard W. White, is a person of col or, having one-eighth of negro or African blood in his veins, and that he is, for that reason, dis qualified to hold the office of Clerk of the Supe rior Court, the functions of wMch he is now ex ercising. •The respondent demurs to the sufficiency of this ground in law, and I am called upon to de cide the question of tho respondent’s eligibility to office in Georgia. In other words, the ques tion is, can a negro hold office in Georgia ? It is admitted by counsel for the respondent that previous to the adoption of the negro by onr State and Federal Government as a citizen, he was ineligible to office^ in Georgia. This proposition is so clear that it does not admit of argument. But it may be well to consider the status of the negro up to the adoption of our present State Constitution in order to assist us in ascertaining his present condition. The ne gro, excepting the few free persons of color in Georgia up to the close of the late war, was that of a chattel—he had no State relations—the master was the citizen—tho negro was Ms sub ject—the law recognized him by protecting Ms life and limb, but no further. He had no polit ical rights by any imaginable nature. The State and Federal Constitutions treated him as a Have. He was neither citizen, denizen or alien, bnt bore in Ms name and race every po litical disability. And such ho remained at the time of general emancipation. The first step taken for his relief was to give him his freedom by an ordinance of this State in convention as sembled in 1865. The next step was to enable him to sue, testify and acquire and hold prop erty, and marry. And these were all the priv ileges conferred on him until the adoption of our present constitution, and of the Fourteenth Amendment to the Federal Constitution. And as the language of the Fourteenth Amendment and of onr Constitution in conferring citizen- sMp on the negro is tho same, the grant in the latter, if differing at all, being broader than in the former, I shall consider the effects of them both together. And first, I will say, so far as the rights con ferred by citizenship are concerned, the four teenth amendment was as ample as the second section of the first article of onr State Constitu tion. Both declare all persons bom in the Uni ted States, and resident in Georgia, to be cit- zens of Georgia, and both guarantee “ all the rivileges and immunities of citizens of tho ’nited States,” and of this State. If, therefore, citizenship, ipse facto or ex vi termini does not confer the right to hold office, as the Federal Constitution grants nothing more than the priv ileges and immunities of citizenship, we will have to look further into our State Constitution to see whether the right of office is therein given to tMs class of citizens. It must be borne in mind that wo are now considering only the privileges and immunities of citizenship, which are conferred alike by the Federal and State Constitutions. And to estimate properly the effects of this grant, let ns suppose that the 2d Sec. Art. 1st of our State Constitution had been omitted. Would not every privilege and immunity conferred by our Constitution in said 2d section have been as complete as they are now. Certainly, because the fourteenth amendment being a part of the Federal Constitution, wMch is the supreme law, not only becomes a part of our Constitution, so to speak, bnt controls it. So that it was unnec essary to repeat the language of the fourteenth amendment in onr Constitution, as to have said that no law shonld be passed impairing the obli gations of a contract, or that no ex post facto law shonld be enacted. This being settled, we are now prepared to inquire into the extent of tho privileges and im munities of citizenship in Georgia, as conferred by the 14th amendment. In other words, we must inquire what privileges and immunities the Federal Constitution and Government can confer on a citizen of Georgia. I answer, con sidering the question negatively, that the power to confer the elective franchise and eligibility to a State office is not vested m the Federal Gov ernment, or embraced in the Federal Constitu tion. These are reserved States’ rights. The elective franchise is controlled by each State. Any State can confer it on its citizens, or on denizens, or temporary inhabitants, or on aliens. Any State can establish a property qualification based on class or race. Again, any State can make eligible to office certain of her citizens, and exclude all others, or can give office to aliens, minors, women, negroes or Indians. Over these questions the Federal Government has no control, pence we see the effect being made now to so amend the Federal Constitution as to confer on all citizens the right to vote. If, then, the Federal Government, under the Con stitution, could not before or since the adoption of the fourteenth amendment, confer on the citizens of any State the elective franchise, and the right to hold a State office, it must follow that neither of theserightshasbeenconferred on the citizens of Georgia, wMte or colored, unless they are included in the meaning of the words, “privileges andimmnnitiesof citizenship of the United States, or of this State.” This brings ns to consider, first, whether the right to vote and eligibility to office are, or either, is embraced in the privileges and immunities of a citizen of a State, and if not, then, secondly, whether those rights by the laws of Georgia in force at the adoption of oar present Constitution were inci dent to citizenship in Georgia. On the first point we are fortified by abundant authority to the effect that citizenship embraces neither of these two rights. The question is settled be yond a doubt by the State and Federal Courts. In Dred Scott’s vs. Sandford, 19, How, 422, Chief Justice Taney says, with emphasis, “un doubtedly a person may be a citizen, that is, a member of the community who form the sov ereignty, although he exercises no show of the political power, and is incapacitated from hold ing particular offices, women and minors, who form a part of the political family, cannot vote; and when a property qualification is required to vote, or hold a particular office, those who have not tho necessary qualification cannot vote or hold the office, yet they aro citizens.” Again, in a very recent case decided by Jus tice Swayne of the U. S. Supreme Court, as Circuit Judge in Kentucky, and reported in full in the Law Registe j of February last, that Judge says: “ Citizenship has no necessary connec tion with the franchise of voting, eligibility to office, or indeed with any other rights, civil or political. Women, minors and persons non compos, and not the less so on acconnt of their disabilities. Again, the fact that one is a sub ject or citizen determines nothing as to his rights as such. They vary in different localities and according to circumstances.” In the State vs. Mannel, 4 Dev. and Batt 26, Judge Gaston says: “ The term citizen as understood in onr law is precisely analogous to tho term subject in the common law, and the change of phrase has entirely resulted from the change of govern ment. The sovereignty has been changed from one man to tho collective body of the people, and he who before was a subject of the king, is now a citizen of the State.” Again, Mr. Justice Cnrtis, in his dissenting opinion delivered in the Dred Scott cose, page 583, says: “So in all tho States numerous person, though citi zens, cannot vote, or cannot hold office, either on acconnt of their age, or sex, or the want of the necessary legal qualifications.” The truth is, that citizenship under the Consti tution of the United States is Hot dependent on the possession of any particular political, or even of all civil rights; and any attempt so to define it must lead to error. To what citizens the elective franchise shall be confided, is a question to be detei mined by each State, in accordance with its own views of the necessities or expediences of its condition. What civil rights shall be enjoyed by its citi zens, and whether all shall enjoy the same, or how they may be gained ot lost, are to be de* termined in the same way. Again, in Wash. O. C. Reps. voL4, page 881, Corfleld vs. Coryell, Judge Washington says: “The inquiry is, what are the privileges and immunities of citi zens in the several States ? To feel no hesita tion in confining these expressionstothose priv ileges and immunities winch are in their nature fundamental,’ which belong of right to the citi zens of all free governments, and which have, at all times, been enjoyed by the citizens of the several States which compose this Union, from the time of there becoming free, independent and sovereign. What these fundamental prin ciples are,’ it would perhaps be more tedious than difficult to enumerate. They may, how ever be all comprehended under the following general beads: Protection by the Government; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to puisne and obtain happiness and safety, subject, neverthelesss, to such restraints as the Government may justly prescribe for the general good of the whole. The right of a citizen of one State to pass through or to reside in any other State, for pur poses of trade, agriculture, professional pur suits or otherwise; to claim the benefit of the writ of habeas corpus, to institute and maintain actions of any kind in the Courts of the State ; to take hold of and dispose of poperty, either real or personal, and an exemption from higher taxes or impositions than are paid by the other citizens of the State, may be mentioned as some of the particular privileges and immunities of citizens, which are clearly embraced by the general description of privileges deemed to Jbe fundamental, to which maybe added the elective francMse, as regulated and established by the laws or Constitution of the State in wMch it is to be exercised. If then, as we have thus seen, the right to vote and to hold office are not included in the grant of citizenship; if they are not necessarily among the privileges and immunities which belong to every citizen, and which cannot be abridged, but as Justices • Washington, Swayne, Cnrtis and Chief Justice Taney declare to be regulated by tho laws or Constitution of the State in wMch they are to be exercised, we must look to our State Constitution and State laws for the true solution of this quesrion; by them and them on ly we must be governed. I have already said that the fourteenth amend ment would have been as effectual in seenrin; the right of a citizen of GCbrgia as the seconi i section of the first article of our State Constitu- i tion. I mean by that to say that if the elective franchise or eligibility of office in Georgia de pended on the said sections alone—that is, if the remainder of the Constitution and the State laws were silent as to either of these rights—the said second section could have been omitted without detriment to any citizen’s rights in Georgia, and I have stated that the fourteenth amendment did not confer either the right to vote or eligibility to office. This conclusion may be doubted, and I will therefore, notice that point still further. Let us compare tho two, and see if they vary in meaning. Tho fourteenth amendment is, “All persons bom or naturalized in tho United States and subject to the jurisdiction thereof, are citi zens of the United States and of the State where in they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liber- ty or process of law, nor deny to any person within its jurisdiction the equal protection of the laws.” The State Constitution reads, “All persons bom or naturalized in the United States and resident in tMs State, are hereby declared citizens of this State, and no laws shall be made or enforced which shall abridge the privileges or immunities of citizens of the United States or of this State, or deny to any person within its jurisdiction the equal protection of its laws. And it shall be the duty of the General Assembly, by appropriate legislation, to protect every per son in the due enjoyment of the rights, privileges and immunities guaranteed in this section.” The clause in the amendment about life, liberty, etc., is surplusage as it was already in the Con stitution. The only imaginable difference is in the fact that the amendment forbids the abridge ment of the privileges <jr immunities of “citi zens of the United States,” while our Constitu tion says “of citizens of the United States or of this State." But the language in both relates, as we have seen, upon authority, not to political but to per sonal rights of citizens. But the respondent in sists that the right to vote and eligibility to office are included in those words. I will con cede that, if before or at the time of the adop tion of onr Constitution, all citizens had tho right to vote and to hold office, there wonld be much force in tMs position, for all persons bom and naturalized in the United States and resi dents in Georgia at that time were declared to be citizens, and the privileges and immunities of all such citizens are hereby guaranteed and cannot be abridged. But just here the onus lies upon the respond ent to show that the citizens of Georgia could before and at that tune, vote and hold office. This position cannot be evaded. The privileges and immunities referred to belong to all citizens of this State. They were such as were com mon to each and every citizen. If the respond ent denies this position, his right to office, so far as it depends on this second section of the Constitution, has no foundation. If he admits it, ihom he must take its logical consequences. For by that section all persons, (wMte and col ored, male and female,) were declared to be citizens of Georgia, and it is the “rights, privil eges and immunities of all citizens” which aro guaranteed, and which cannot be abridged. Then it follows as a necessary consequence that, either the right to vote and eligibility to of fice were not conferred on any persons, or class of persons, by that section, or that they were conferred on all persons and classes who were thereby declared to be citizens. Bat this sec tion makes women and children citizens, and if the right to vote and hold office was thereby given to any person, women and children have tho right to vote, and aro eligible to office. This conclusion is inevitable, if it once be granted that the Convention intended to confer, and did confer, the franchise of voting and of office by the use of the words, “rights, privil eges and immunities.” But we must now see if any other portion of our Constitution gives to colored citizens the right to hold office. It is urged that this right is given by the sec ond clause, second section, article HI, which is in these words: “The Senators shall be citizens of the United States who have attained the age of twenty-five years, and who, after the first election under this Constitution, shall have been citizens of tMs State for two years, and for one year resident of the district from which elected. ” It is insisted that no other qualification is re quired for a citizen to he a Senator. This pro ceeds npon the assnmption that the Convention intended that every citizen having those qualifi cations shonld be a Senator. This, it seems to me, is strange logic—that the effect would have been to make voters of women, white and col ored, as well as of male. But it would not have followed that every woman, would thereby have been eligible to office. The former does not in clude the latter. The latter is a higher political right. It presupposes qualifications superior to those fitting a person to vote, just as it requires other and higher qualifications to be a voter than to bo a citizens. There is a gradation to those relations to tho State; and while eligibili ty to office presupposes the right to vote, and voting presupposes citizenship—as one ordina rily precedes the other—on tho other hand, cit izenship does not include the elective franchise, nor the elective franchise the right to hold office, any more than the less includes the greater. Eligibility to office for the male negro is not, therefore, to be inferred from the clause which clothes him with the elective franchise. That I conferred the right to hold office on the male ne gro, it also conferred the same right on aliens; for it reads, “Every male person who has been naturalized, or who has legally declared his in tention to become a citizen of the United States, twenty-one years old,” eto., “shall be deemed an elector. ” Certainly the Convention did not intend to throw the offices of the State into the hands of aliens. But if the male negro is, by the above clause, advanced to the highest political right, to-wit: eligibility to office, the male person who simply declares his intention to become a citizen, (and who may never carry out that intention,) is also clothed with the same right. This is an inference not to be lightly made. We should and must require unmis takable language in this case likewise to justify such a construction as would place our State offices in the hands of aliens. This would, however, be the effect, because there is no pro vision in onr State Constitution requiring citi zenship as a qualification to eligibility to office in one out of ten of the many State offices. And if the Constitution thus confers the right to office on an alien, it must be borne in mind that the Legislature is powerless to prescribe citi zenship as a qualification. And hence, it truly follows, that any alien—a Congo, an Ebo, a Hottentot, fresh from his jungles—who should declare his intention to become a citizen, would be clothed with the highest political right known to onr people, and after six month’ residence in Georgia. This disposes of the provisions of the Con stitution bearing npon this question, and wo are brought finally to the statute laws of Georgia. Do they confer on the colored citizen the right to hold office ? The Code, wMch was adopted by the Constitution as law, divides the natural persons in Georgia into four classes r Citizens, residents not'citizens, aliens and persons of oolor. It says that among the rights of citizens are the elective franchise and the right to hold office. And as the Constitution has made persons of color citizens, it is insisted, as a necessary consequence, that they have all the rights which were given to citizens as they were defined when the Code was passed, and after wards adopted by the Convention, Bnt we have seen that persons of color, before the adoption of the Code, had no political rights; we have seen also that political rights are not conferred by implication of law, and that the removal of one disability does not include the removal of any other, unless the one removed be the great er.’ Citizenship was first conferred. That did not remove necessarily the disability as to the elective franchise ; for if it did so for the person of color—who by the classification given above ranks lower in the /State than wMte females who were citizens—it must, a fortiori, have removed that disability from all females. If declaring a negro to be a citizen made Mm a citizen in the sense intended in the Code, all females and minors are likewise clothed with the elective franchise and the right to hold offioe; if they are not, then the Constitntion by making persons of color citizens, elevates them above white females and minors. But will it be pre tended that females can vote or hold office in Georgia? Can the conclusion be avoided, how ever, if the monstrous construction be put upon the Code, whereby the lowest class or natural persons, and who rested under every disability before the Constitution was adopted, are relieved of all disabilities by the grant of mere citizen ship, the want of which was the least of his disa bilities. If the Convention intended to give tMs construction, why did they go one step farther and confer the right to vote on persons of color? If citizenship gives the right,_ why confer it in express terms. If the Constitntion considered that this right to hold office was conferred by the Code, as incident to citizensMp, why was not the right to vote also considered ? And if so, why expressly confer the less right, and remain silent as to the greater right? If the Constitntion had given in express terms the right to hold office, the silence as to the elective francMse would have been proper, not to say logical, because the right to hold office necessa rily carries withit the rightto vote. I canput no other construction on this action of the Conven tion than that they meant to give only such rights as are given in express terms. And tMs conclusion is made certain by the record of their proceedings, which shows that they, by solemn vote give tho right to hold office to persons of color. If, then, we are to be controlled by the express grant of political rights in our constitu tion to persons of color, the right to hold office in Georgia does not belong to any person of color. The demurrer is, therefore, overruled. Vi. Schley. Judge Superior Court Eastern Circuit, Geor gia. Georgia News. Macon - & Augusta Road—A private dispatch from New York, which we regard as to be relied upon, indicates that arrangements have been closed which insures the early completion of this road to Macon—probably in time for the next cotton crop. We cannot but congratu late all interested that tMs railroad connec tion, so long delayed and postponed through the opposition of conflicting interests, is at last to be consumated. The completion oif this line on the southwest, and of the Columbia and Au gusta Railroad, now only a few miles (two and a half) from our city, must have a very restraining influence npon the inroads threatened by the rapid completion of the Dalton, Rome an’d Sel ma line, the Chattanooga and Meridian line, now completely organized and vigorously pros ecuted, as well as the one projected, and known as the Air Line, across upper Georgia and South Carolina. We have as great faith in the resump tion of the old stage lines of travel, which the early settlers of the State located, aj the late “Old Bullion” ever had in tho engineering in stincts of the Buffalo, as indicating the lines of easy grades and advantageous routes in the far West.—Chronicle th Sentinel. Two Augusta Negroes Fight a Duel.—/The Augusta papers of Sunday morning contain the full details of a duel between two colored men * of that city, wMch took place on the South Carolina shore, Saturday afternoon. Jim Rhodes and Mose Sullivan were their names. The seconds of the parties selected a newly plowed field for the fight, and tossed up for po sition, wMch was won by Jim Rhodes. The distance—ten paces—was then measured and the principals took positions. Both parties ap peared cool and determined, and eager for the fray, not willing to yield till their honor had been vindicated. The weapons used were Colt’s repeaters, each fumisMng Ms own weapon. Rhodes was armed with a six-shooter and Sulli van a five-shooter. The preliminaries were then gone through with, and the “ caller ” and seconds gave final instructions to the principals, which was to fire between the words “ one ” and “three,” holding their positions and repeat ing the firing until their weapons were emptied or one of the antagonists fell. This having been gone through with, the word was given and the duellists commenced their work. The firing was too rapid to admit of taking good aim, and consequently was very wild. Each party fired five shots, and the fourth shot of Sul livan wounded the right hand of Rhodes, striking the second finger near the knuckle and breaking tho bone. The seconds then loaded up again and placed the weapons in the hands of .the an tagonists, when it was suggested by some white gentlemen present to call a board of honor, which was called, the seconds of the parties and a few friends of their own color acting in said capacity. After a short conference, it was agreed among them, as the parties had met and one had been wounded in the trigger finger, that the challenge shonld be withdrawn and the affair settled amicably. Affray at LaFayette.—We learn, says the Opelika Locomotive, that on Tuesday last, as Mr. James Driver, who was the jailor at that place, was feeding three negro prisoners, they all suddenly attacked Mm and made an effort to escape. Mr. D., we understand, cut one of them so severely with Ms knife, just as the ne gro was coming down on Mm with a smootMng iron, that 1ns life is in great danger. He shot another one, which is likely to prove fatal, while the third made his escape. We leam these statements from parties recently from LaFayette. Heavy Rains.—Heavy rains have occurred in the section of tho State above us; rains that are styled by the planters “trash lifters,” com pelling the replanting of much com. The plan ter who varies from the safe old rule of two- thirds com and one-third cotton, will find the the rates of interest “onerous” next fall. -The observance of this rule ensures an independent living—its violation, a dependency for bread and meat, upon the Liverpool cotton brokers board of prices.—Chronicle <£• Sentinel. •The Savannah river is out of its banks. Charity.—The Rome Courier says, “It has reliable information £hat the Masons of Chero kee Lodge No. 66, havo undertaken to educate till the indigent orphan children of Masons with in their jurisdiction. They now have twenty- one or twenty-two children in the different schools of this city and vicinity, and arrange ment have been made to educate eight or ten more. Comment is unnecessary." Cotton foe Liverpool.— Messrs. Crane & Graybill yesterday cleared the ship Abyssinia (Br.) 832 tons, Captain Alexander Parsons, for Liverpool, with 2,484 bales of upland cotton, weighing 1,180,319 pounds, valued at $313,- 784, 54; and four bags of Sea Island cotton, weighing 1,290 pounds, valued at $1,096 50. Total number of bales and bags, 2,488; total weight 1,131,609 pounds; total value $313,- 944,00.—Savannah Republican. Personal.—We were pleased to meet yester day with our old friend JamesM. Selkirk, Esq., so long and favorably known on the Central Railroad as a model railroad official. He is now residing near the beautiful and growing city of Rome, devoting Ms attention to agri cultural pursuits. We believe that he is con nected in some way with the Macon & West ern Railroad, and we congratulate that Road npon securing Ms invaluable services.—Atlanta Constitution. The murders and rapes being committed in this State, by negroes, upon the persons of wMte ladies shonld positively be stopped. There is no less than a half dozen cases in the last ten days. All negro men who are vagabounding about towns and cities, should be taken up, tried and put to work. A vigorous enforcement of the laws is essential, or else, in portions of this State, ladies will not dare to show their faces without a protector.—Rome Courier. A Correspondent of the Cuthbert Appeal ex presses the opinion that Calhoun county will raise $100,000 as subscription to the Columbus, Cuthbert and Bainbridge Railroad. Death of a Citizen.—Captain William Bes- sentdiedof consumption at the residence of Ms father, Rev. A. J. Bessent, on Wednesday evening last. He served in the late war with credit to himself and country, having risen to the rank of Captain. He waa in the “manhood of youth,” having been married but a short time.— Valdosta Times, 2d. The amount of aid extended to railroads by the late Legislature, was only $20,000,000.— Rome Courier. The arbitrators to settle amicably the contro versy between the South Carolina railroad and the Augusta and Columbia road, regarding the right of the latter to construct a bridge over the river at Augusta, failed to agree upon apian of settlement, and the matter will probably go into the courts and a long lawsuit follow. Broke dirt on the Air Line Railroad, It is thought that the first twenty miles will lie oom- . pleted by the first of November. by telegraph, Congressional. Washington, March 29—House.—Under the reg ular call the Senato tenure-of-office "bill came up. Trumbull moved to non-concur and ask a confer ence. Grimes moved to recede from the Senate amendments. Davis moved a repeal entirely. Da vis speaking now. The Reconstruction Committee held no meeting to-day. S. N. Martin and Syphor, from Louisian, address the Election Committee to-morrow. Under the regular call the following bills were in troduced: A bill incorporating the National Land Company. A bill to provide homesteads for immigrants and freedmen in the Southern States. A bill for selling the Government property at Plymouth, North Carolina. A bill for punishing unconstitutional office-holders. A bill for forfeiting certain lands granted to Lou isiana for railroad purposes. A bill suspending the oyster tonnage tax of Vir ginia. The bill appropriating $20,000 to the Charleston Sisters of Meroy, for services rendered the Union prisoners, was reconsidered. The bill exempting salt, tea, coffee, sugar and to bacco, and taxing bonds, was tabled by a vote of 104 to 40. The substitute to the Senate bill reorganizing the Supreme Court, was passed. House adjourned. In executive session nothing was done. Senate.—A bill was passed continuing enlisted men’s present pay until 1870. Also, a bill dropping from the rolls all officers ab sent without leave. Mr. Sawyer introduced a bill for office-holders par ticipating in rebellion, but not excluded by the four teenth amendment. The bill confirming the charter and granting the right of way to the New Orleans and Ship Island Canal was referred to the Judiciary Committee. Several bills removing political disabilities were introduced. The tennre-of-office bill was resumed. The reso lution asking for a conference was passed. Ayes 39: nays 20. From Washington- Washhigton, March 29.—The President nom inated Gen. Earle, first Assistant Postmaster Gen eral; Wm. R. Clintman, Collector of Revenue second South Carolina District: Francis Widneer, second Alabama District; Geo. B. Rea Assessor second Ala bama. There has been an incessant rain for twenty-four hours. Washington, March 28.—The Reconstruction Com mittee did nothing on Saturday regarding Georgia, on account of there being no quorum. It is stated in extreme circles that the Committee stands in fa vor of Butler’s bill. Mrs. Dr. Mary Walker, after several applications, has received an answer from Grant that slie might have an interview when dressed as become her sex. From Louisiana. New Orleans, March 29.—The 1st U. S. Infantry left to-day on the steamer Robert E. Lee for De troit, having been stationed here for five years. The Press of the city all express regret at their de parture, and good wishes for their future welfare. General Buchanan will not relinquish command for a few days. Several important decisions were rendered by Judge Dnrrell in the United States Court this morn ing. Three more of the wine cases were decided in favor of the Government The decison is believed to cover all the points which can be raised. Tho points have been submitted that every revenue law referring to the seizure of wine lias been repealed by name. The Judge reviewed each statue quoted, and ruled that their repeal did not affect the specifica tions of cost, packing and bottling therefrom, as cost, bottling and casing, had either not been in cluded in the invoice, or greatly tmderated. Ac cording to the evidence in the case the wines were forfeited. In the case of J. T. Tucker, agent of the Illinois Central Railroad, petitioning to have the New Or leans and Oupelousas Railroad declared bankrupt, the Judge, in a lengthy and elaborate decision, held that the railroad bonds and coupons were not com mercial paper within the meaning of the bankrupt law, and that, under the State law and act 6f incor poration, a remedy was provided to which creditors might resort: that paying coupons after suit was brought upon the same was not preferring one cred itor over another, and, therefore, was not an act of bankruptcy; and that the company was not insolvent inasmuch as the assets, by appraisement, exceeded the liabilities due or to become duo by more than 8500,000. The court expressed some doubt as to whetner railroad companies come under the provi sions of the bankruptcy laws. General Hews. New Orleans, March 29.—Sealed proposals were to-day opened by the State Treasurer for 90.000 dollars. Levee eight per cent, bonds were pledged to the banks of this city os collateral for loans for levee purposes. The highest bid was that of P. J. Kennedy, the great levee contractor, at and ac cepted. Boston, March 29.—The war-steamer Galena, has been ordered to Cuban waters. New York, March 29.—Ex-Mayor James Harper is dead. Albany, N. Y., March 29.—Tho river is rising rapidly, and a flood is apprehended. The lower part of Troy is inundated. » From Cuba. Havana, March 29.—The remainder of the crew and tho passengers of the Comandit^io havo ar rived at Cardenas. They denounce the purser and the engineer as leaders in her seizure. Two were killed in the streets and six arrests were made yesterday for seditions cries. Havana, March 29.—The United States consular agent at Gebara was brought here ironed. Foreign News. Paris, March 2S It is rumored that Napoleon has demanded an explanation of the King of Prus sia’s mobilization of troops in the western provinces. Full diplomatic relations have been resumed be tween Turkey and Greece. Swamp Drainage— 1 The Ten Commis sioners. Messrs. Editors: Without a word against the “honesty” or “consistency,” (without con ceding a monopoly of either,) of the excellent gentlemen whoso names are presented in your columns for County Commissioners, it may yet be asked, “Are they really and earnestly in favor of draining the swamp—not the reserve merely—below the city, thoroughly and at once?” It is known that at least one of the gentle men has scruples on the subject, and holds the opinion that it is wrong to tax parties living in the upper part of the city, and comparatively beyond the reach of malarial influence, for the benefit of those who are not so favorably loca ted, and, as almost all the Macon names pre sented are so situated, it becomes important to know whether they all hold to the same opin ion, or whether they be thoroughly impressed with ihe urgent necessity that exists for the speedy accomplishment of that work; for many think this a question on which tho citizens of Macon cannot now afford to vote in the dark. Enquires. MnitawAT. Dickson.—As it may be inferred from our remarks yesterday, says the Savannah Republican of the 25th inst., that the Govern ment was a heavy loser by the departure of this officer to parts unknown, it wonld be well to cor rect that impression. His books show that the Government is in his debt to a considerable amount, and we learn that investigations thus far have only been able to trace some five or six thousand dollars into bis possession that belong ed to other people, an amount whioh ha could have readily arranged for. The res! cause Ms disappearance, therefore, is still a We have heard several suggestions, bnt th&t appenn to be based on ascertained facts. Hanging ot Keedhaw Brown by a Mob Vienna, Dooly County, Ga. ) ’ March 29, 1889. V Rear Telegraph : The negro Needham Bro^ who was committed to Dooly county jail on q,. 24th instant, for murdering one white child »n,] committing a rape on another, was taken out o‘ jail about two o’clock in the morning of th e by a mob, and carried about half a mile west o- Vienna, and hnng to the limb of an oak tree b * the side of the Drayton road. The keys of the jail were forcibly and violently taken from th» jailor by men who were painted and disgoi^ so that the jailor did not know any of theta. There were from twenty to thirty men in ft,, crowd. An inquest was held next day on the body and the verdict of the jury was in accori ance with the above statement. ( Yours truly, Shep. Rogees Georgia In the Senate. The action of the Senate upon Georgia last Thursday shows that it has no such app et ; [t for Reconstruction as to be absolutely bev 0 l- restraint or control: Mr. Edmunds moved to take np the bill enforce the 14tb amendment and laws of tb United States in Georgia. ‘ ■ Mr. Sherman objected because he wanted tv Senate to take up the bill supplementary7; provide for a national currency. • 10 Mr. Edmunds said he had moved to take ti the bill relating to Georgia because he the Senate to decide definitely whether ant I thing was to be done at this sesssion to sett- the status of that State. He. thought Congres* was either treating Georgia very badly br ei eluding her from re presentation, or else was to’ erating there a revolutionary condition of affair! I which ought to be brought to an end. Mr. Sumner thought it more important tip prompt action be taken on the Georgia than or the financial bill, because its passage was se. essary for the preservation of peace in in state, and also as an example of reconstr.- tion. ’' f Mr. Sherman’s motion was carried—JO to tt Au Ocean of Snakes. A SHIP PASSES THROUGH A WRITHING MASS OP tip. | TILES. from the Kew Orleans Timet, March 18.1 The statement published in last Sand.:'; j Times, that the steamship Mexico, Capti Pitfitli when on her last trip, off Tortugas. steame’ I through a tangled mass of snakes of all siz;; I has since been the subject of much commeti I “Snake stories” are proverbiallynncertain, b~ I we are now enabled authoritatively to deej.-! I that this particular one may be safely relied ot J Our original account was incorrect in th, I particular only. Instead of two hours andil half, as stated, the Mexico was no more th; I ono hour and a half in passing through th I horrible mass of writhing reptiles. They wen I of all sizes, from the ordinary green-wital snake, of two feet, to monsters—genuine-sal serpents”—of fourteen to fifteen feet in length I The larger snakes, when the swell produced hi the movement of the vessel reached them, wou_i | we are informed, partly raise themselves nl from the water, as if in the attitude of strikW | and dart out their tongues wickedly at til waves. The greatest interest was manifest J by those on board the Mexico. Discipline wnl for a space, forgotten, and Captain, offices I crew and ship-boys stood in common, on th-l sides, looking on a sight that, so far as is shor.l by sea-annals, has never yet been witnessed!;! those who have gone “down to the sea in ship. [ and wMch may, possibly, never greet limns:I eyes again. Vie think of no valid explanatial on tho subject, unless it be—taking our inspir: tion from the “day”—that the shade of that fi mous snake-destroyer, on the approach oft anniversary, has been wandering in Florida, has shown that he has lost none of old skil driving off in one mass its myriads of repti from the coast. Seriously speaking, however, the presence«] these snakes in the waters off the Tortugas isil remarkable occurrence, one that may proper;! claim the attention of the scientific. One fan I at least, is proven. That fact is that ue«I some special revulsion of the laws ordisi£;| controlling them, snakes way live in salt mfet I After this experience, the existence of the am-1 terious “sea serpent” becomes again an "cpecl question.” I Our authority for this statement is Captail O. A. Pitfield himself, who expresses kirns': I ready to vouch for every particular as here n-l corded. The Cotton Struggle iu England. A cable dispatch announces that the strike tl the cotton operatives in the English mamfel turing districts is extending and that in Glasg 'l several mills have entirely suspended open tions. This news ishigMy important, and: calculated to affect the cotton market in tl country. For some time past the LaneasikJ cotton districts have been in a suffering cok! tion. The Mgh price of cotton had so fat e:l crouched oil the profits of the maunfuctr.r-: that many of them were actually working I' mills at a loss, as the condition of the nit precluded an advance on the manufactut goods to prices corresponding with the advK'j in the raw material. As it was supposed that a suspension of ’ would produce an accumulation of raw cor. that would force down the price, it was prop® some time ago, that the manufacturers sko- generally close their faotories for a few mon'i The want of unanimity among employers " vented the adoption of this plan. Bat mat them worked a short time, without any tion of wages, however. Recently the emp-j era at Preston and other places, met and tp to reduce wages from ten to twenty per ce This was absolutely rejected by the woife-J and the result is a strike that is likely to be: eral and protracted. This strike, it is to be observed, must, H* event, be more beneficial to the employers a the workmen. It accomplishes at once jmfl eral suspension of work, and stoppage of f sumption of the raw material, which masy* ufacturers have been vainly trying to ellcri: some months. The workmen are thus s(TA| playing into the hands of the capitalist» The proper course was for the works!-] take what pay they could get until better] 3 ! Gradually the price of the manufacture-] cle would assimilate to the rates of advar" the raw material; or else the increased?] tion of the staple would effect a re*’ Either of. these events would enable ffl* turers to run their mills at a profit, afl*t ing the full rate of wages. The effect] ' strike npon the American cotton market new crop still remain to lie seen. Thatrt^ force down prices, and thus diminish tief- of the planters and the wages of the fr] aro among the contingencies of the W* New Tori: Commercial. Good for a Shave.—During the “shir? days, a well-known French barber iu ] ton issued certain fipenny-bit notes, wl ported on the face to be redeemable :nj sight, when presented in sums of not five dollars; or, singly, “ good for asks .1 his establishment. One day, while 0CC “L | lathering down a customer, he was ac<v=^J a boy who held out to him two of his ostu- “ Tat you vant—eh?” enquired3Io^> e "J “Master says I’m to get a shilliu ‘ ct notes, sir« “Aeheeling! Far’dien! can not tare read ? Does he know vat de note s able ven presented in some of not less dollar ?’ Go yon back to your inastare, Mm to read it!” t w As the boy vanished, the little barbe- after him, and exclaimed: n,% * ‘I do not sink zat he will come back. jj say *111 some of five dollaro,’—and I issue four dollars and seventee-five ceu The Fifteenth Amendment.—The * Intelligencer of Thursday says: “The action of Indiana and th* Georgia to ratify, for which we hav* Gov. BuUock and his Republican fn® Legislature settle the fate of the ment. Its defeat now is next to ceiw^. count against it Oregon, California, Delaware, Maryland, Ohio, New J erse ?j and Indiana. Ten are sufficient to ahd Connecticut alone would end it serve that both Pennsylvania *nd he’*’ j- 1 to ratify, and it would seem that the Jw' members of the Legislatures of these not be got up to the mark. into all the autumnal elections, will be disaatrotts to thsr Republicans doubt.” Columbus Municipal NonnSATta-’”' was opened in Cohuhbuftl nominations for ticket Saturday