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Old Series-Vol. 25, No. 122.
THE CONSTITUTIONALIST
WEDNESDAY, OCTOBER 21, 1874.
ALEXANDER H. STEPHENS.
Full Report of His Great Speech at
Girardey’s Opera House, October
15th, 1874.
Ladies and Gentlemen : For tho wel
come you have given me I thank you.
In reference to the compliment paid
me by the distinguished gentleman
who introduced me, (Judge Twiggs), all
I can say is, that, as in my past life,
my abilities to their utmost extent
have been exerted in the defense of
Constitutional Liberty, so, God will
ing. they will continue to be exerted in
the defense of the same great cause of
humanity as long as life lasts, and if
in thoso exertions it shall so please the
Great Ruler of human events that I
shall fall, I feel as if I could consecrate
my energies to no more noble work,
nor one in which I could more willing
ly sacrifice myself.
lam glad to see so many out to
night of all classes. Would that this
hall could have held ail the citizens of
Augusta and Richmond county. It is
my wish that all, old and young as
well as middle aged, shall hear mo for
themselves, and not be dependent upon
what they may hear by the mouth of
others.
I here remark in tho outset, as I see
gentlemen on both sides of me con
nected with the press, with materials
for noting down what I may say, that
I earnestly request that they will givo
to the public no report of my lan
guage which Is not first submitted to
me. I desire that the people shall hear
from me in my own words, and not what
others may imagine to be the import
of the words used by mo. Words are
things. lam in the habit of paying
strict attention to the import of words.
I mean always what I say and I say
what I mean. If in the hurry of speech
I should happen to use a word which
is not the most appropriate to convey
the idea, I wish the opportunity of cor
recting it before it goes to press.
To proceed, then: lam here in the
discharge of what I conceive to be a
duty. lam hero in obedience to an in
vitation of a number of the citizens of
Augusta and Richmond county, to ad
dress them upon the very grave and
public questions now agitating the
country. I am here in the discharge
of this duty under the providence of
God ; I so feel it, and with this con
sciousness I feel the weightier respon
sibility' for all that I shall say. Three
months ago I never expected to appear
again before any audience in this world.
I supposed that my days on this earth
were fast approaching their end. Under
that super-ruling Providence to which
I have referred I am, however, still
spared. I have something more to
perform in my mission of life. Whether
it shall be for good or ill I know not,
but earnestly trust that it is for the i
former, and not the latter, I have been
spared. It is my intention, it is my i
resolution, to the utmost extent of tho j
energies which are left me to the de
fence of those liberties of our country
to which the distinguished gentleman <
referred—to those liberties secured by ;
tho Constitution of the United States,
as established by our fathers. (Ap
plause).
I wish I had time to-night to go into
a history of those liberties—a history
of that Constitution. Would that I
had strength —that I had voice to do
this, for in their history and its study
much profit might be derived. Even in
these days, while we are suffering so
much by a departure from the funda
mental principles upon which our
whole system of Government rests, in
the busy walks and pursuits of life we
are prone to forget the sources of what
happiness and prosperity we enjoy in
our material interests under bad ad
ministration of Government, as we are
to forget those blessings which we de
rive from on High, without which life
would not exist. It would be well there
fore for us to reflect upon and study
these principles of Government which
make the United States to-day, even
with down trodden Carolina and Lou
isiana, the most invitable place of
refuge from the misruled of all other
countries. Bad as is the condition of
affairs hero at present by a departure
from the principles of our Fathers,
still the thirty-seven States forming
our Federal Republic are truly an
asylum for the oppressed of all other
lands.
In our own beloved Georgia, down
trodden as she has been, what is it
that makes her to-day one of the
most inviting places on the surface of
the globe ? It is the remnant of those
liberties and institutions which have
been rescued and preserved as estab
lished by our fathers. We are once
more recognized as a coequal member
in the Federal Union. It is that con
stitutional liberty we enjoy. It is
that government by which the masses,
the laborers, tho toilers, the tillers of
the soil, the merchant in his counting
house, the blacksmith at his anvil, the
engineer on the railroad, the boatman
in the pursuit of his calling, men of all
grades, in every vocation of life, are
secured alike in their right of person
and property. We have no monarchy,
no oligarchy, no aristocracy, but the
people—the Democracy are the rulers
through tho channels of their organic
law. The Government of the United
States, as originally formed, and as in
theory now universally admitted, was
formed essentially upon the idea of
Democracy. Not a pure Democracy
where all the people in mass make and
execute their laws, but a representa
tive Democracy, wherein the people
first form a fundamental law, known
as their constitution, by which their
sovereign powers are to be exercised,
not by themselves in person, but by
delegation through representatives
chosen by themselves, and by which
they form chains, as Mr. Jefferson
said, not only for their representatives
and rulers, but also, as Mr. Madison
added, chains for themselves, against
those evils which might result from
their own temporary excitement and
passions. This is tho American idea
of written constitutions. There is
great truth, my countrymen, in the
sentiment uttered by a distinguished
Massachusetts man, that “ Bonds make
free.” In this way constitutional lib
erty is secured through the channels,
first of organic law, and then by statute
law properly enacted and administer
ed. Reduced to their original princi
ples in primary analysis, all govern
ment may be classed, by proper gen
eralization, in two divisions : govern
ments of laws and governments of men ;
or, as it may be with equal propriety
stated, governments of law and gov
ernments of arms. There can be no
free govei'nment where the laws are
not regarded as equivalent with the
majesty of the Monarch or King in the
most unlimited despotism. The only
sure safety, therefore, in our system,
1 even in misrule, is to regard as sacred
the majesty of the law as expounded
by tho Courts. If the laws be bad, let
; them be executed until a change of
rulers can, in a peaceful way and
through the peaceful instrumentalities
of the° Constitution, be effected at the
■ ballot-box.
In reference to the Government of
the United States, I must say a few'
things, though they be brief. It is pe
culiar in its character. Nothing like it
ever existed before in tho annals of the
world. It is true it is a Federal Re
public, a Union of separate and dis
tinct States, and that like Federal Re
publics in many respects have existed
in Greece and In Germany, as well as
in other countries ; but in no part of
the world, in Greece, or Rome, or
Egypt, or Persia, or Babylon, or in any
of the other old civilizations whose
ruins have outlived the languages they
spoke, nor in modern times in Germa
ny or anywhere else, was there any
thing like that Federal Republic which
under Providence was founded by our
fathers. Our system sprung from col
onies ; each of these colonies was a
separate and distinct body politic, or
political community to itself. Each
had the perfect functions of local self
government secured to it by charter
from the mother country, and with no
political connection whatever with the
other colonies. In other words, all
American free institutions sprang from
and were founded on tho grand, semi
nal idea, now struggling for expression
and practical enforcement in down
trodden Ireland—“ Home Rule.” [Loud
applause].
Suffice it here to say that tho Revo
lution, as it is called, of 1776, was made
in maintenance of this idea and this
right. The Union of tho colonies, first
in 1774. w'hich culminated in the Decla
ration of their Independence, was re
sorted to for the establishment of the
right cf local self-government.
The colonies entered into the Union
for this purpose. They dropped the
name of of United Colonies and took
that of the United States of America.
They made common cause in their
struggle with the Mother country for
the sole purpose of securing this right
of local self-government to each for
itself. It was for this that their com
mon honor, treasure and blood was
pledged. In their first Constitution—
their Articles of Confederation—each
State retained its sovereign power to
regulate all its internal and domestic
affairs, or polity, as it might determine
for itself. Each had its ow r n Execu
tive, its own Legislature and its own
Judiciary. All good governments, ac
cording to all publicists, are divided in
to three departments or channels in
their organic law through which the
sovereign powers of the people are
to bo exercised. These are.tho Law-
Making Power, the Law Expounding
Power f nd the Law Executing Power.
This di\ ision of the exercise of sovereign
powers constitutes the three depart
ments i:i all good governments. They are
separate, distinct and perfectly inde
pendent of each other. This constitutes
a Trinity in Unity of good human
governments, not unlike that.. Trinity
Moral Government of the Universe.
Unde; 1 our system, all political power
emanates from the people. The law
making power, the judicial power and
the executive power are delegated to
these f metionaries by the people in
their o -game law. In the delegation
nothing is parted with by the people
but an exercise of these distinct powers
so delegated. Those who are clothed
with them in either of the departments
hold wl at powers they are permitted
to exercise as trusts, and they are all
amenable to the people under their or
ganic law for the proper discharge of
these high trusts. They, under the
system, each constitute a check upon
the oth 3rs. In the organization of the
Genera Government, each State is in
itself a separate organization ; each has
its own Legislature, its own Judiciary,
its owe Executive —all separate and
distinct. In the States this organiza
tion was formed by what is known as
the Social Compact. The Federal Gov
ernment, or the Central head, was form
ed by tie States, not by individuals in
one mass or community, but by sepa
rate, distinct States, and by what
is known as a Federal Compact. There
is a wide distinction recognized by all
Publicists between a government form*-
ed by what is known as the Social
Compact, and one formed by a Federal
Compact. The Federal Government
derives all its powers directly from the
States as separate and distinct political
communities or commonwealths. Its
powers, as with all Federal Govern
ments, are defined and limited. That
Government can exercise no power
which is not expressly delegated by the
compact, into which the States entered
in forning it. This is the case
with all Federal Unions, but the
great distinctive difference between our
Union and that of all other Federal
Unions preceding it I will now explain
in as few words as possible. It is a
wonderful difference and from it chiefly
sprang that astonishing career which
marked its history for seventy years.
In all firmer Federal Unions the com
mon gc vernment or conventional State
established by the Federal compact
had no power to execute what they
might determine upon. Their acts had
first to be sent back and sanctioned by
the separate States before they could
go into operation. This was tho case
in the United States under their first
Constitution. Whatever measure the
Congress of the States resolved upon
in the exercise of their limited, delega
ted powers, had first to receive tho
sanction of the several States. For
instance, in order to raise money for
the common expenditure, when the
quota of taxation was - fixed by the
Congress of the States for each State,
it could not be collected until each
State provided for it. Under that
Constitution each State had also re
tained the general power to regulate
its own commerce with all foreign
nations. With Mr. Jefferson originated
the idea that a great improvement
might be made in Federal Republics in
this particular, without any essential
change in the nature of the Federal
compact itself.
It w is, that the Federal system be
so changed that the Congress of the
States should have an additional power
delegated to them, by which they would
be enabled to execute all the delegated
powers for themselves without a resort
to the sanction of tho States, as delay
-and ot her inconveniences attended that
mode. His idea extended farther. It was
not only that this additional power be
• delegated, but that the conventional
■ State, the General Government, within
the range of its limited powers,and with
; in its appropriate sphere, should be so
r changed in its organization as to con
• form in its outline with the separate
> State governments ; that all the dele
> gated powers should be divided as they
■ were in the States ; that there should
> be not only the law-making power
r —the Congress of the States—
, but that there should be a Judici-
AUGUSTA, GA-, WEDNESDAY MORNING. OCTOBER 31. 1874.
ary power and an Executive power,
each separate and distinct in the
Federal Government as they were
in the State Governments, and
that the Federal Government within
its limited sphere should exercise all
its limited powers within itself. This
idea was given by Mr. Jefferson to Mr,
Madison in a letter from Paris in 1786,
when a call had been made for a gene
ral convention of the States, to meet in
Philadelphia for a revision of their Ar
ticles of Union, mainly for the purpose
of having the power delegated to the
Congress of the States to regulate com
merce with foreign nations. This idea
was acted upon in the celebrated con
vention of 1787. These changes were
made in tho structure of the Federal
Organization, but no change whatever
was made, in the new Constitution then
formed, in the nature or character, or
fundamental principles on which the
Union was at first formed. I know a
contrary idea has been attempted to
have been fixed in the popular mind,
but I assure you all such attempts do
violence to the truth of tho history of
this country. Anew and a grand Con
stitution, it is true, was then formed
—Washington at the head of the con
vention—but in that Constitution but
very few additional powers were dele
gated to the General Government. —
Among these few was tho pow r er dele
gated to the Congress of the States to
regulate the commerce of all the States
with foreign countries, and tho power
to establish uniform laws of Bank
ruptcy for all tho Stat.es, and uniform
rules of naturalization for all the
States ; also, the power to secure to in
ventors and writers patent rights and
copyrights. Besides these no import
ant power was delegated to the Con
gress of the States which was not
delegated in tho first Constitution
or Articles of Confederation. The won
derful change effected in the Federal
organization by tho new Constitution
of 1787, was simply tho power to onable
the Federal Government, within its
limited sphere, to exercise all its dele
gated powers in the collection of taxes,
duties and imports, and punishment of
crimes or violations of Federal laws by
its own machinery—and to do this,
to have its own Judiciary and Executive
Departments,as well as its Law-Making
department. This is the simple but
grand change which was attended with
such astonishing results. The Conven
tional State or Federal Government,
within its restricted sphere, was then
on the model of the State Governments.
It then presented the same Trinity in
Unity that the State Governments pre
sented. We often now hear people
talk about Congress as tho “National
Legislature.” It is no more a National
Legislature now than it was before the
new Constitution of 1787. Before that,
it was known asd,he “ Congress of the
States.” In the new Constitution there
was no change of title. Every act since
the new organization went into opera
tion has been, and is still, prefixed with
these words—“ Be it Enacted by the
Senate and House of Representative of
the United States in Congress Assem
bled.” The Congress, it is true, under
the ncw .organization,.dbn (Juddt;£e
of Representatives—but these two
Houses now constitute the same Con
gress or Assemblage of the States in
Council.
Ours, therefore, is a government of
States, instituted with limited powers
for specific purposes and objects, which
look chiefly to Inter-State and foreign
affairs, leaving all internal matters re
lating to the protection of life, liberty
and property chiefly to the States,
where these matters belonged of right
from the beginning.
I have often said that the conception
of such a Federal Government, or Con
ventional State—being itself a perfect
State within itself, with all the func
tions of a perfect government within
its limited powers—was one of the
grandest ideas which ever emanated
from the brain of man. It emanated,
as I have said, from the brain of Jef
ferson, the great apostle of liberty on
this continent. Such a system of gov
ernment as ours, based upon this idea,
was never conceived, as far as I have
been able to ascertain, by mortal man
before. Under it we see presented a
numbed of separate and distinct States,
all clothed with the perfect functions
of government within their limits. We
see them united also by a common
Government, created by them for their
mutual protection and interest in their
inter-State and foreign affairs, with all
the powers of perfect government with
in its limited sphere, and all moving
on harmoniously when there is con
formity to the fundamental and organic
laws by which the whole system is es
tablished. Excuse me for repeating
here an illustration I have often given
before in other places, of its nature and
character. I refer to the vision of
Ezekiel. The Bible is a book
which constituted my chief read
ing when a boy. There is much in
it which all may profit by reading and
studying. When a boy, I was struck
with this Grand Vision of Ezekiel. You
will remember, he said he saw a most
wonderful spectacle. It was that of a
number of living creatures—or perfect
organisms, all alike—all moving to
gether as if under the influence of a
common spirit; as if by a wheel in the
middle of a wheel. And as each of the
living creatures moved, all moved. All
of them seemed to bo mysteriously
connected in some way, so that whith
ersoever the common spirit went, all
went. All seemed to be connected with
a common head; and when they all
moved together the sound of their mo
tion was that of tho noise of great wa
ters, even tho voice of the Almighty.
It is not for mo to expound the propho
cies, but this vision of Ezekiel, whether
in it he got glimpses of our great Fed
eral Republic, by inspiration, it is not
for me to say. But it does seem to mo,
and always has, that this vision fits the
wonderful institutions of our country.
Here the States are all perfect political
organisms within themselves. The
General Government is also a perfect
organism within itself, just as a wheel
in the middle of wheels. It embodies
the common spirit of all, so that
whithersoever the common spirit
moves, all move. And for seventy
years of history, the motion of their
joint movement, all being alike, might
well be considered like the noise
of great waters, or even the voice
of tho Almighty, as God guides the
destiny of nations as well as that of in
dividuals. [Applause.] In this view I
have always regarded the Government
of the United States as tho grandest
system of free institutions ever estab
lished by man. You may regard it as
superstition, or faith or what you
please, but I have ever believed, and
do now believe that there is a super
ruling Providence that guides the des
tinies of nations, and I believe that in
the formation of our Government that
Providence guided the thoughts and
actions of our statesmen —the Fathers
of 1787—in giving the world the most
perfect model of government for
neighboring free States ever before
conceived of. We are indeed a nation
and a nation of the highest type. The
Conventional State formed by the sep
arate States of this Union is indeed a
nation—a nation of the highest order—
a nation of nations.
But, from the beginning, there has
ever been a strife between the friends
and enemies of the system, as there
has been a like strife and struggle be
tween error and right in the moral
universe. There was, in the beginning,
in our Government, a class who did not
believe in the right or expediency of
self-government by man. Our whole
system, you see, rests upon the princi
ple that man is capable of self-govern
ment. This is the foundation upon
which the whole fabric is reared. It is
true it was an experiment at first, and
it is still an experiment in the process
of development. Many in the begin
ning thought it would be a failure.
They were for what they called a strong
government, for a Monarchy in some
form or other. The struggle has
ever since been between Central
ism and Constitutionalism, between
Democracy under Constitutional re
straints and an unlimited Cen
tral Imperialism. In other words, be
tween the friends of Constitutional
Liberty and the advocates of Consoli
dation, Centralization and Empire.—
Two antagonistic parties of these prin
ciples soon sprung into existence. The
one party wanted Centralization, they
wanted the States done away with,
they wanted no Federal Union of
States, but one, single, consolidated
Republic, as they called it. The other
party w r as for adhering strictly to the
principles of the Federal Union as
established by their Fathers. At the
head of the latter stood Jefferson, tho
author of the Declaration of Inde
pendence—not of America, as some as
sert—but of the Independence of each
of the original States. He was truly
the great Apostle of American Liberty.
Ho was the great leader of the De
mocracy in the first great struggle that
came up between these parties during
the administration of the elder Adams.
On the passage of the famous, or, ra
ther, infamous Alien and Sedition Acts
at that time the brunt of the con
test fell upon Jefferson almost alone.
But two States, Virginia and Kentucky,
with their Senators, stood by him, and
not over thirty members of the House
of Representatives in Congress. The
tendency was strongly towards Cen
tralism and Empire at that time. An
overwhelming majority of the intellect
and property of the country at that
time was against him and his doctrines
touching the rights and capacity of the
people for self-government. Out of
the two hundred political newspapers
published at that day in the United
States all were opposed to him save
twenty.
The Alien and Sedition acts, so de
cidedly centralizing in their tendency,
so utterly without constitutional au
thority, so directly subversive of pub
lic liberty, were resisted by violence in
many places. Jefferson opposed all
violent measures. He urged as a pro
per remedy that an appeal be made to
tb tntr 'vmiuytr tffiu u\i u crrtr lirrr'i.vps; to
seek redress at the ballot-box. His
advice, in substance, was a grand rally
of the people, who valued the great
right of self-government, to the polls.
Mobs to rescue prisoners immured in
dungeons for violation of the infamous
Acts of Congress were raised in many
places. Jefferson’s advice was that
there be no violent resistance to the
judgment of the Courts, but that the
true and safe remedy was at the ballot
box. At the same time a distinguish
ed son of South Carolina, whose sym
pathies were entirely with the victims
of oppression, told the people that
“ The price of Liberty is obedience to
the Law.” These wise counsels finally
prevailed. The masses of the people
everywhere were thoroughly aroused.
They stood shoulder to shoulder in the
fierce contest then waged between Cen
tralism and Constitutionalism. The
result was the ever memorable revo
lution of 1800, under the lead of Jef
ferson. Such a civic victory was never
before achieved in the annals of any
country. The Centralists were com
pletely routed, and were hurled from
power under a popular condemnation,
as we read the evil genii who
raised discord about the throne of the
Almighty were hurled from tho battle
ments of Heaven to those depths of in
famy to which they were nine days
falling, and from which they have ever
sinco been attempting to recover. Tho
conflict still, however, went on, but for
sixty years Constitutionalism was tri
umphant in every conflict.
It is not my purpose now to speak of
tho late war or the causes which led to
it. I may be permitted, however, to
say that in 18601 did not think that the
remedy of Secession was a proper one
for the partial success of the Central
ists in the election of that year. It will
be recollected by many of you, per
haps, that I addressed the citizens of
Augusta at the City Hall, in September
of that year, when I was almost as fee
ble as I now am. It was before the
election, but from my knowledge of the
nature of the contest, and the issues
presented, and tho divisions of the
friends of Constitutionalism in thecon
testj then fiercely waged, I gave it to
you, or those of you who still survive,
as my serious apprehension that the
country would be involved in eivil war
in less than six months. For uttering
this sentiment I was thought by many
of my best friends to be crazy. They
said the energies of my mind were giv
ing way with the energies of the body.
Many of the most distinguished of my
friends who then conferred with mo
have passed away, but their mem
ories linger on my mind to
night. Some I see here whom
I met on that occasion. They
will well recollect how I differed with
them then in judgment as to the
proper course which the friends of
Constitutionalism should pursue in
that perilous time of our history. The
full extent of dangers threatening, I
then thoroughly realized, and I tell you
all to-night that this country is now—l
mean Constitutionalism is now, in my
judgment in as imminent danger as it
was then. In the conflict of arms which
then ensued, as it seemed to me at the
time to bo quite probablo. Centralism
was rampant for years, and I greatly
feared that in tho struggle our whole
system of Government with its liberties
would be lost. You all know that my
judgment was against tho withdrawal
of the States as a remedy against any
success that the Centralists might ob
tain in the then contemplated election.
I do not now propose to discuss the
propriety or correctness of that judg
ment. Others for whom I then and
now entertain the highest respect,
thought differently. The judgment of
posterity must decide between us. I
thought our Fort was in the Constitu
tion. I knew we had abundant cause
to withdraw from the Union. I knew
that nearly half of the Northern States
had proved themselves faithless to
their obligations under the
tion, yet I did not despair of a rectifi
cation of these wrongs in the Union.
Much of the trouble of our then
situation came from a division,
and an unfortunate division, too,
of the real friends of the Con
stitution throughout the United
States. But I will say that, in my judg
ment, those who differed with me as to
the policy of immediately withdraw
ing, or attempting to withdraw, were
influenced by no desire to withdraw
from the constitutional principles of
our fathers. It was only because they
thought those principles were endan
gered by the partial success of the
Centralists in the elections of that yoar.
Their object in withdrawing from the
Union was to save the principles of the
Constitution. Their main object was
to rescue and preserve the Ark of the
Covenant of their Fathers. It was no
disloyalty on their part to the princi
ples of the Government of their Fath
ers. No one, therefore, can justly
charge any Southern man who favored
Secession with being a traitor. [Loud
and continued applause.]
What constitutes loyalty in this coun
try ? It is fidelity and devotion to the
principles of the Constitution. The
Constitution was formed, as I have
said, for the purpose of securing to
each State the right of self-government,
or Home Rule. If there were any trai
tors in the late, unhappy war between
the States, they belonged to that class
who openly ignored the obligations of
the Constitution, and professed to be
governed by a higher law. [Applause.]
When I read the resolution of the
Federal Congress, passed in 1863, in
which it was declared to be their in
tent “For the most vigorous prosecu
tion of the war, until tho constitution
and laws shall be enforced and obeyed
in all parts of the United States,” I
could but think that if this resolution
had been strictly carried out perhaps
most of thoso who had voted for it
would have been the first subjects of
slaughter under it. Many of them, at
least for years before the withdrawal
of tho Southern States, had openly de
clared that they would, not recognize
the obligations of the Constitution. It
violated their consciences. If, then,
the war had been waged until tho Con
stitution, with all its obligations, had
been “enforced and obeyed in all parts
of the United States,” what would have
become of them ? They had wantonly,
avowedly and contemptuously trampled
under foot that glorious Constitution
of our common ancestors, which they
had solemnly sworn by kissing the
book to sustain and support. They
did but add perfidy to their treason !
(Applause).
During the conflict of arms, I repeat,
I was greatly apprehensive that the
whole frame work of our constitution
al liberty would be destroyed—that our
whole system of free institutions would
come to an end ; that Centralization,
consolidation and Empire would be the
final result. When it was over, how
ever, when tho Southern States aban
doned Secession as a remedy against
the encroachments of Centralism ;
when a restoration of the Union was
‘f cio.tiuuo'" tu
the Union ;” when this proposition was
acceded to, and all the Southern
States, in good faith, had re-assumed
their obligations under the Union in
expectation of receiving and enjoying
all the rights under it, my hopes for
the future were encouraged. These
Southern States, of their own volition,as
a result of the war, had abolished that
peculiar institution which character
ized their internal polity, known as
slavery, and which had long been a
thorn in the general system. I here
take occasion to say that the colored
race in the Southern States never oc
cupied that position known as slaves
under tho Justinian Code or the
laws of nations, and in tho gen
eral European sense of the word.
They were recognized by the laws
of the States and the Constitution of
the United States as persons. Theirs was
a position of legal subordination. I do
not propose to defend it as a perfect
institution. There were attending it
many defects and erors, as there are
evils attending all human institutions.
Many of these had already been cor
rected, and many more would have
been corrected but for the improper
interference of the Centralists. Un
der the system this whole subject was
left for the humane management of the
philanthropic statesmanship of each
State under tho Jeffersonian principles
of Democracy on which the whole fab
ric rested. The colored man, or the
slave, so-called, had the same rights of
life and limb and the same security for
their protection under the law that tho
master had. The property in his labor
was not dissimilar in principle to the
property of others bound to service,
except that in his case it was for life,
and not for a term of years. I repeat
that the system was not as perfect as
it might have been,. and, in my judg
ment, ought to have been, and would
have been but for external interference.
I believed it was a great error and a
defect that education was denied them.
Long before the war I proclaimed to
you and to the people of Georgia that
the system was intended to be tho
best * for both races, politically,
intellectually and morally, and that if
it was not and could not bo made so,
in all these respects, it ought to bo
abolished. The interference of the
Centralists on this subject I thought of
great injury and mischief to both races.
The abolition of the system, however,
was agreed to by all the Southern
States in good faith as the result of
the war. I will take this occasion and
this connection to say to tho colored
people present, and I regret that every
one in Georgia cannot hear me £or my
self as you do to-night, that I have no
prejudice against you on account of
race or color, or previous condition of
servitude, and never had. I have de
fended and saved tho lives of more
colored persons than perhaps any other
man in Georgia. This I have volun
tarily done on many occasions when I
thought justice was not otherwise likely
to be meted out to them. On ono oc
casion in Sparta, in 1864, I put forth
voluntarily all my energies to save the
lives of quite a number who were
about to bo the victims of an excited
multitude without a judicial trial.
Thirty-five colored men had been ar
rested under most exciting reports of
an intended insurrection, tho threats
of an indiscriminate slaughter, killing,
burning and laying waste the town,
and were likely to be taken out and
hung in this excitement within a few
hours. I made a speech in their behalf
of an hour and a half’s length. It was
an hour before I could temper the
minds of the multitude to entertain a
suggestion that in this case, as in all
other like ones, the true course was to
maintain the majesty of the law.
The suggestion was finally made,
and my resolution to stand by the
majesty of the law in this case was fi
nally unanimously adopted. Amongst
thoso whose lives wore thus saved was
that of William Henry Harrison, whom
I see announced by the papers of this
morning as my competitor for Congress
in this canvass. [Great applause]. I
do not now allude to this with a view
of implying that he is under any obli
gation to mo for what I did for him and
others on that occasion, or that he acts
improperly in any way in becoming my
opponent for Congress. In what I did
I simply discharged what I deemed to
be my duty in the vindication of law
and order, and the maintenance of that
justice which has been the object of
my life towards all men, high or low,
rich or poor, white or black. My object
is not to influence tho vote of any one
in this election. If any colored man in
the district thinks that his rights or in
terests will be safer in tho hands of
William Henry Harrison as a member
of Congress than in mine, let him so
vote. [Laughter].
But to return. I have said that I
believed our general system of Consti
tutional liberties, as established by our
fathers, are in more danger now than
they were even during the war. This
apprehension grows out of the present
absorbing issuo before the people—that
issue of Centralism against Constitu
tionalism presented in what is known
as tho Civil Rights bill.
This is now the absorbing issue, and
upon its decision, as I view it, looking
to its momentous consequences, de
pends the future character of our gov
ernment. Upon this point I wish spe
cially to address the colored people
present as well as the white. It is
known to you that a Bill was intro
duced into the last Congress, and is
still pending, purporting to secure
civil rights to the colored population
in tho United States. The title to this
Bill is but a deception. Every colored
man in Georgia now has tho same civil
rights that I have. What are civil
rights? They are the right to con
tract and be contracted with, to sue
and be sued, and to stand equal before
tho law in the protection of their lives,
liberties and property. These rights
are now secured to the colored people
as well as to the white, by tho laws of
Georgia. If not, show me wherein, and
I pledge all my energies to remedy tho
defect. This Bill proposes to carry
out, or to enforce the provisions of the
Fourteenth and Fifteenth Amendment
to the Constitution. Suffice it here to
say, that neither of these Amendments
confers any civil rights upon either
black or white. The Fourteenth
Amendment, it is true, confers citizen
ship on the colored population, but it
leaves with the States the conferring
of all civil rights to both races within
the limits of the States respectively.
It barely declares that no discrimina
tion in conferring civil rights shall be
made on account of race, color or pre
vious condition of servitude. The
Fifteenth Amendment confers no right
whatever. It contains nothing but a
prohibition against the States exercis
ing any discrimination whatever on ac
count of race, color or previous con
dition of servitude in their conferring
tho right of suffrage on their citizens.
No civil right whatever is conferred
upon anybody, white or black, by either
ifgUl Ui SUiJULcagV). tirux*-
Amendments, therefore, contaiu
power by which tho General Govern
ment is authorized to interfere with
the civil rights of the people of the
States. The Bill, therefore, upon its
very face bears the bold assumption of
open usurpation. It brings in direct
conflict the great principles of Central
ism and Constitutionalism, which have
been at war with each other from the
beginning of the Government. Should
Centralism prevail in this conflict it
would be but the precursor of other
moire rapid strides to ultimate consoli
dation and empire. I am, therefore,
my colored friends, opposed to this Bill
because it is in utter violation of that
Constitution upon which your liber
ties, as well as those of the whites, de
pend. But while this Bill purports upon
its face to have the onjcct I liavo stated,
yet in its details its leading feature is
only to compel the States to make all
their public schools mixed schools; that
is, to have the colored and white chil
dren go to the same school. To this I
am opposed, and I believe you, too, are
likewise opposed. What you want, and
what I am for, and what tho State of
Georgia has provided for, is for tho
colored peoplo to have an equal, pro
portionate share of the educational
fund. But it suits you best, and the
whites best, to have separate schools.
You do not wish your children to go to
the same school with the whites. This
suits neither your taste nor theirs.
This is no civil right—it is a social
privilege which cannot and ought not
to be regulated by law. As to so much
of tho Bill as relates to railroads and
public inns, I will only say that by the
laws of Georgia now you have a perfect
right to as good a seat in a car as a
white man, where you pay the same
amount of money. If you buy a ticket
for a first class car you are entitled to
a seat in a first class car ; but this does
dot give you the right of a seat in the
game car with white crowds. That
would be’ no civil right, but a so
cial privilege, which, as I have said,
ought not to be attempted to bo regu
lated by law. Social intercourse is a
matter that should bo left to men to
regulate for themselves according to
their own likings and tastes. If any
railroad company in Georgia sell to a
colored man a first class ticket and de
ny him a right to a seat in a first-class
car that company by law is now liable
for damages; and if any colored man
who may be so damaged or wronged will
come to me I will see that he is right
ed by a proper suit at law. This right,
however, to a first class soat does not
carry with it tho right to go into any
other than such a first class car as may
bo assigned to the holder. So also with
public inn keepers ; by law, by the com
mon law in force in Georgia, they are
required to provide suitable accommo
dation for all well-behaved persons of
all classes who may ask entertainment
upon their paying for tho same. They
are liable for damages if they do not.
But this does not require of thorn to
place their guests of different charac
ters or classes either in the same room
or at tho same table. It requires only
that suitable accommodations shall be
provided for all who demean them
selves properly. Civil rights and so
cial privileges are totally different.
The chief object of all good govern
ments should be to secure what is
known properly as civil rights to every
individual human being within their
jurisdiction ; to mete out to all perfect
justice. Social position comes not from
government or tke law. Mon may
stand perfectly oqual before the law
when occupying vastly different po
sitions. The remedy for all violations
of right is the perfect administration
of justice. In their right to justice all
men are created equal.
Many of you, perhaps, heard me
when I spoke in this place on St. Pa
trick’s Day of last year. I said that the
simple remedy for all the troubles in
Ireland was tho administration of jus
tice. This was what produced har
mony in States as the simple law of
gravity in the material universe around
us. It is this simple principle of gravi
ty that forms the dew drop, that shapes
the world and directs the planets and
all the celestial orbs in their motion.—
So justice regulates in peace and con
cord all the constituent elements of
States and commonwealths. While all
in every State aro equal in their rights
to justice, yet they differ in many other
particulars. They differ in size, in in
telligence, in moral worth, as well as
in race and color. These differences
are not unlike those we see in other
natural objects about us. God made
all tho races of men. He made them
different. He made differences through
out nature. You see Jit below, above,
everywhere. Why God made these
differences we know not. Why He
made ono star to differ from another
star in magnitude and glory, we know
not. But we know rhat these differences
or inequalities, so far from working
discord, all unite in producing that
general harmony in nature that per
vades all space. So tho differences among
men in race or color, or other inequali
ties, making social position and reg
ulating, social relations are no
cause for discord in communities or
States. They will, with equal justico to
all, according to position or merit, work
out a liko harmonious result. It was
in the face of these indisputable differ
ences among men of the same race as
well as of different races among men
that Jefferson, the groat fouudor of
American Democracy, proclaimed tho
great truth that “ all men are created
equal.” He meant by it what I have
said, that notwithstanding all tho ap
parent differences and inequalities, yet
all are equal in their right to justice.—
Good governments are instituted, not
to make men equal in thoso things
wherein God mado them unequal or
different, but all good government will
secure perfect justice, as far as human
instrumentalities can, to all within its
bounds. American Democracy, there
fore, is as broad as tho world, as catho
lic as Christianity. It embraces within
the scope of its objects men of every
clime, oT every race and of every color
who are fit for it. As in Christianity all
who are within the limits of its teach
ings and partakers of its blessings to a
limited extent are not fit for full com
munion or membership in the church,
so with Jeffersonian Democracy. The
idea I cannot elaborate, I barely pre
sent it.
Two things, however, in this connec
tion and just here, I wish to note in re
ference to the views or professions rath
er of the Centralists, at this time known
as extreme Radicals, upon the subject
of freedom and free government gen
erally. They profess, par excellence,
to be the peculiar friends of freedom at
this time,and would hold up tho Jeffer
sonian Democracy, to fwhom the conti
nent is indebted for all our free insti
tutions, as the real enemies of liberty.
In their war against the Constitution,
after the war for the restoration of the
Union was over, they seemed to enter
tain the same idea of free government
which a man in Lexington, Ky.. once
deal of point and force. As Judge Mc-
Kinley told the story, Mr. Pope (I bo
lievo it was) tho Representative in
Congress from that District, on some
subject gave a vote that was very un
popular in Lexington. An indignation
meeting was called at night. Arrange
ments were made to carry the figure
of the Representative out to the su
berbs and there hang their member
in effigy. As the procession was mov
ing along the streets with torchlights
and music, beating the rogue’s march,
and performing such other suitable or
gies for suchjau occasion, or Saturna
lian exhibition, some friend of the
member, standing on tho sidewalk, said
the proceeding was a— shame. Tho
epithet I need not state ; you will all
understand it. [Laughter.] One of
the more infuriated of tho crowd over
heard him, stepped up to him, seized
him by the collar, thrust him upon tho
pavement, remarking: “What is that
you said, sir? Fillet you know that
this is a free country, and we will do as
we please and you shan’t say nothing.”
Laughter.] So with these extreme
Radicals in their reconstruction policy
towards ten of the States of this Union
after they had done everything which
entitled them to their positions as co
equal members of the Union. Not ono
of them had uttered oven an offensive
word to tho infuriated spirits who had
voted so unanimously for tho vigorous
prosecution of the war, until the Con
stitution and laws of the United States
should be enforced in all parts of the
country. It was then, howevor, that
they, unprovoked, seized theso States
and throttled them, and overturned
their constitutions and internal polity,
replying in effect to all protests against
this unheard of wrong that this is a free
country; wo will do as we pleaso and
you shall say nothing. It is not tho
idea of the Jeffersonian Democracy.—
Their idea is that tho froedom of
States depends upon the right of leav
ing each one to govern itself in its do
mestic affairs as the wisdom, virtuo
and patriotism, as well as the philan
thropy, of its own statesmen may
think best for its own welfare, looking
to the best interests of all classes of
society. According to tho Jefferso
nian Democracy, also, duo fitness is
required for membership in the State
as in the Church. While tho Jefferso
nian principles of government, as I
have said, embrace all of every race
and clime in giving equal protection
to all, yet none aro admitted into full
fellowship until they are fit for It, A
minor is not allowed membership.
The most intelligent foreigners aro
not allowed full membership un
til after a probation of four years.
The Radical idea seems to have
been far different. This is the
second point in reference to their views
on this subject that I wish to note,
and their ideas in relation to it seem
to be very similar to those entertained
by John Crowell, once quite distin
guished in this State and Alabama, as
to the proper fitness for church mem
bership. The wife of Mr. Crowell, as
the anecdote was told, was a very de
vout Methodist, while he made no pre
tensions to religion of any sort. The
church which his wife attended was
some ten or twelve miles distant. He
was a man of great wealth and much
devoted to his wife, but felt great an
noyance at the loss of time in going so
far to attend preaching. Ho told the
circuit rider that this inconvenience
must bo remedied. Ho would build a
church on his own promises, so that
she could attend without traveling so
far. He was told there was something
necessary besides a house to worship
in. There must be a sufficient number
of communicants to constitute a socie
ty or church. “ How many,” ho asked,
“does this requiro?” He was told
there must beat least six. “ Oh, well,”
said he, “ that difficulty can easily be
gotten over.” “ How ?” said the
preacher, “ Why,” said Crowell, “my
-New Series---Vol. 2. No. 248
wife will be one, Susan Patterson,
just over the way, is now a member,
she will make two ; John Smith, about
two miles off, is now a member—ho
will make three ; Dick Jones can also
move his membership to this place ”
“ That,” said the preacher, “is only
four. “Well,” said Crowell, after
pausing a little while, “I’ll jine, and
make Tom, tho carriage driver, jine ;
and that’ll make six, the required num
ber.” [Laughter]. Tho Radical idea
of fitness for State membership, and
how that fitness is to bo effected, is
quite like Crowell’s idea of church
membership, and how it is to be effect
ed. [Laughter]. Jeffersonian Democ
racy aims at the protection of all alike,
and the admission into State member
ship of all as soon as they are fit for it.
Its aims are, as I have stated, what
ought to bo the objects of all good
Government, that is, the protection of
the weak against the strong. No man
on earth has a right to unjustly
hurt another. The object of good
Government is to prevent and
punish wrongs. Under good Govern
ment every man, woman and child, by
night and by day, whether in a palace
or a thatched hut, even under a bark
shed, should feel perfectly secure and
safe from molestation of any kind, or
from any quarter, so long as ho or shfc
abstains from doing wrong to others.
This is now the character of the gov
ernment of the State of Georgia, un
der the principles of the Jeffersonian
Democracy. This is the object of our
laws. If any wrongs exist they spring
not from our laws, but from the evil
passions of men which no laws, human
or divine, have yet been able to pre
vent. If, however, any defect in the
laws shall be discovered by which the
rights of the colored people are not
equally protected with those of the
whites, I know that Mr. Walsh, that
Mr. Black and Mr. Clark will see to it
that the defect, if pointed out to them,
shall be remedied by appropriate ad
ditional legislation.
I see it stated that the Chattanooga
Convention have joined issue with me
as to my views touching the wishes of
the colored people of this State upon
tho subject of mixed schools. I am
willing to submit this matter, not only
to all the colored persons present but
tc all in this District. I have never yet
put the question to a colored man in
this State, whether ho wanted the
colored children to go to the same
schools with the white children, who
did not answer with an emphatic “ no.”
All you want, my colored friends, on
this subject, I repeat, is an equal par
ticipation in the educational fund of
this State. This you now have, as you
know. You also know that you never
got a dime for educational purposes
until the Democracy came into power.
Although about $250,000 of taxes for
this purpose were collected, yet
neither you nor the whites received a
cent of it. It was all squandered by
those who were in power. I also stato
to you that I do not believe that you,
or the other colored people of the
State, desire any social privileges en
forced by law. Why then should thore
bo any discord betwoon tli® two races
because of those differences and in
common Creator ?
All In man societies are organized
upon the principles of reciprocal ser
vices. Each and all are servants in
some way of others. The men engag
ed in tho most learned professions are
in daily toil of mind as well as of body
in rendering services even to the hum
blest. The teacher is the servant of
the blacksmith who sends his children
to school. The blacksmith is the ser
vant of the teacher or lawyer, or
physician, or banker, or merchant for
whom he labors, for whom they all
render service of some sort in return.
So of all other business in life. All
classes and all grades, without refer
ence to race or color, daily perform
reciprocal services for each other. The
honor of the service depends, not so
much upon its character as upon the
manner of its execution.
“ Honor and shame from no condition rise.
Act well your part there all the honor
lies.
This is as applicable to the colored
man as to the white. It is as applica
ble to the man who brings in my coal
as to the physician who attends me.
If the physician fails in the proper dis
charge of his duty more dishonor at
tends him than the coal bearer in the
neglect of his duty, for tho responsibili
ty resting upon him is far greater. Why
then should there be any discord ?
There is no longer any controversy
about tho freedom of the colored peo
ple. I know there are those who
would endeavor to impress upon their
minds that the Democracy are ene
mies to their freedom. This, my col
ored friends, I assure you, is not tho
case. Whatever may have been
thought of the propriety of your eman
cipation at the time, no opinion is now
entortainod of over changing it. I have
told you that your emancipation was
granted by tho Stato of Georgia as one
of the results of the War. It was grant
ed in good faith. You are indebted for
it, not to the Centralists or Radicals,
but to the contingencies of war, under
the providence of God. They waged
the War avowedly for the sole purpose
of restoring the Union ; that is, of
compelling the Southern States to re
turn to the Union. The Proclamation
of Emancipation by Mr. Lincoln during
tho war was only a war measure, and
had tho Southern States then ceased
from tho conflict, the Proclamation
would have ceased with the extent to
which its operation had then gone.—
Had ten Southern States refused
to grant your Emancipation it could
not have been effected, for they con
stituted moro than one-fourth of
the States of tho Union, and it re
quired three-fourths of the then thirty
seven States to amend the Consti
tution of the United States providing
for universal emancipation in all the
States. This is the fact of the case,
and while I admit freely that emanci
pation Was granted by the ten South
ern States as the result of the War, yet
it was granted by them in good faith,
and whether it will prove a boon to you
depends mainly upon yourselves. I
hope and trust that it will. I shall do
all in my power towards that end.
Why, then, should there be any dis
cord between the races ? The interests
of the white man and the colored man,
with all their differences, fit as tongue
and groove,as do all the other differences
made by the same great common Crea
tor. If any one approaches you with
the idea of race antagonism, treat him
and look upon him as a guileful tempt
er—as deceitful and as mischievous in
his machinations as his great proto
type in the Garden of Eden.
Lot us all, then, white and black,
move on harmoniously in the (iiscliaige
of our reciprocal duties, in our appro
priate sphere. When we look upon the
material world, where like differences
exist, what harmony prevails below and
above.
; ——
[Concluded on Fourth Page.]