Below is the OCR text representation for this newspapers page.

rw" TIIE WEEKLY TELEGRAPH AND MESSENGER, FRIDAY, JULY 4' 1834. rAdrerttoemrat ] BROWN’S REPLY TO HOAR JLAVERV MASSACHUSETTS AND CEORCIA CONTRASTED. i .)„« Accounted For—Spoech of M “' „ j 0 .eph E. Brown, of Ceorgln. Do- ?„,,d In the Senate of the United June 10.1884. In Reply to Sena- ,or Hoar, of Massachusetts. _ si In Committee of the Whole, ^j/under consideration the bill, (S. lSs: iivtng “An art to amend of the Bcvissd Statute* of the ••ctlon mm re f erence to bigamy, and for £»£$ approved March d. 188S- Speaking of my apeech .v-th ultimo, the Senator frp;» Maasa- "Sts (Mr. Hoar) said in his reply, fKainly the logical result of the speech, rf it has premises from which a logical re- “‘l is to be derived, is that polygamy is Sot than the lawful marriaee of one hus- jto one wife, and that Mormonism is SSer than Christianity as the practical Mverning rule of a State/' Now, Mr. KISident, this is an extraordinary state- . J cnmlna from a person of the usual m ..?,rscv ot the Senator from Massachu- S and I can account for it In only one Ifsv and that is that he did not hear the first portion of my speech to which he was re ?'Kd g down the position that the Consti tution of the United States protect, every Sn in the free exercise of religion, and that neither Congress nor any other power n th? United States has the constitutional Sit to pass snv law abridging the tree- domof religion or interfering with the most perfect freedom of opinion on religl- «fiVsubiects. At the same time I laid down the position most distinctly that no one ran practice immorality under the cloak of ZmJou and claim the protection of the restitution, i stated that the Supreme gSt S the United States had decided, and properly, that a person indicted for In part 1, article 3, of the Constitution of Massachusetts it is distinctly stated that the happiness of a people and the good order and preservation of a civil govern ment essentially depend upon "religion, piety, and morality." If the good order of a civil government depends upon morality, it may he proper to inquire what is morality. One of Web ster’s definitions is: “The conformity of an act to the divine law or to the principles of morals." And one of the definitions of the word "moral” is: “Conformed to the rules pf right or to the divine law respect ing social duties.” If, then, we apply the principles of morality to my amendment they would re quire tnat tho law of Congress as we may enact it be made to conform to the divine law respecting social duties. If so we must forbid divorce for any cause except forni- cation, because the divine law on the sub ject of social duties distinctly declares that divorce shall be granted for no other cause. Iu part 1, article 18 of the Constitution of Massachusetts, I find the following tan- frequent recurrence to the fundamen tal principles of the Constitution, and a constant adherence to those of piety, jus tice, moderation, temperance, industry, and frugality, are necessary to preserve the advantages of liberty and to maintain a free government. The people ought con stantly to have a particular attention to all those principles in the choice of their otilcers and representatives, and they have a right to require of their lawgivers and magistrates an exact and constant obser vance of them in the formation and execu tion of the laws necessary for the good ad ministration of the Common wealth.” Here the practice of piety, among other llcve the master from the charge of support ing them. (Moore on slavery in Massachu setts. page &8. “The people ef Massachusetts raised slaves for the markets. (Ibhl, page Gy.) “They were taxed like horses, oxen, cows, goats, sheep, aud swine, until after the com mencement of the war of the Involution. (Ibid, page 65.) “Negroes were looked upon as a good dog is now. They were commonly treated with kind ness, but w ere liable to abuse as dogs are. (2 Elliott, page 162.) Negroes were advertised for sale as we now advertise a horse or a cow, and the uewpapers of the day contain such advertisement* as these, which 1 should like the Seuator from Massachusetts, If he had remalued in the hall, to have heard: A likely negro wench aud child to be sold. . * Inquire of printer. “To be sold by the subscriber, of Branford, a likely negro wench, 18 years of age; Is qualnted with all sorts of houseworx, Is i sold >r uo lauu. j uue w, u • a. ■Unaer the date of October*, 1708, the Boston News-Letter has the following advertisements: I “A negro woman, aged about 31 years, to be sold. Inquire at the post-office lu Corulxill, ■SamaMamddMMMdgflner.’’ mmm Boston, aud know furl October ll, same year: “An Iudlan woman, aged about 30 years, to be sol j. lu«;uire at the post-otttce In Corahlll, Boston, aud know furtner. November 23d. (2 Elliott, pngei 181 And 182.)" 'nuls N bete«i, and the latter burned to death.- (2 Elliott 187.) “Slaves were forbidden to be out an hour after sunset upon pain of whipping and Im prisonment, They were forbidden to meet to gether In the streets more than two at a time. And slaves who assaulted a white man were to be whipped and sent beyond sea, whatever the provocation. (Ibid, mure 1»9.) “In 1771, tho slaves of Massachusetts sent their humble petition to the Governor, In which they say: ‘We have no property; we have i.o wives; we have uoclty, no country (Elliott, page 192.“) This aid not look like Massachusetts was providing for the marriage relation at that “Iu referring to thejhorrort of the slave trade In which Massachusetts took so promi nent a part, Jonathan Edwards, the great New England divine, states that of the 100.000 slaves annually exported from Africa 25,000 perished before they arrived In America, and that an other 25,000 died in the ‘seasoning ’ Aud that, so that they were no longer called negroes, but mulatto#!. After these mulattoes, whether naturally or unnaturally, were expelled from Massachu setts they doubtless took refuge In the South ern States, aud their descendants there have multiplied, still transmitting the modified color inherited from climatic lnflucuce or other cause In Massachusetts. Any casual obaerver who will go Into Massachusetts and Georgia will see that the proportion the mulat- toes bear to the number of negroea in that State la much greater than the proportion In Georgia. Doubtless the wonderful effect of climate. If the climate of Massachusetts dot a not change, there seems to be dauger that the ire Airman blood will entirely run out and e yellow hue will be the predominating color Including these and those who perished lu the wars for the capture of slaves In Alricu, a hun dred thousaud human beings are annually de stroyed to support|the traffic. (i.EUiot, page “In New England, the harbors of Bristol and Newport were alive with vessels engaged In thetralftc, aud large fortunes were rapidly raised from its profits. (Ibid, page 205.)“ the practice of piety, among virtue*, is absolutely enjoined upon the lawgivers and magistrates of Massachu setts by a fundamental constitutional pro vision. And in the formation and execu tion of the laws necessary for the good ad ministration of the Commonwealth they are to be governed by the principles of piety, justice, moderation, temperance, industry, and frugality. There is to be a constant adherence to these principles re quired of the lawgivers and magistrates. Moore la his Notes on Slavery In Massachu setts. page 70, says: “Negro meu, women and colldreu were mixed up iu the sales with wearing apparel, gold watches, and other goods; and he then gives specimens of ad vertisements, as followa: “\ ery good Barba- does rum Is offered with a young negro that has had the small-pox;” "CompetitorI offer likely meu and womeu, just arrived;” “Negro men, new, aud negro boys who have been In the country some time;” **Aud also Just ar rived. a choice parcel of negro boys and girls“A likely negro man, born in the coun try aud bred a farmer, fit for any service;” “A negro woman about 22 years old, with boy about 5 mouths,” etc.; “A likely negro woman, about 19 years, and a child of about 6 months of age, to be sold together or apart;” and lively m ~ L tm M ^Hmuch^H chusetts. Let us how the free negroes L in that State. In secoi find the following: m $1 + Vho entertained , Kfrc subject to lm- soument and whtpplufl(i723) aud free ne- lively negro man taken by execution, and to be sold by public auction at the Uoyal Ex change tavern In Klug street at 6 o'clock this afternoon.” Again, 2 Elliott, page 173, the following ad vertisement: «... ‘Just lmi>orted from Dublin, In the brig ine bis the practice" ofpolygamy grosslyImmoral. T stated tbit CongrsM had already passed laws which were now on the atatute-book, W. i in the territory of Utah is con- Now, Mr. President, what do we under stand by “piety?” One of the definitions of the word given by Webster is: “Venera tion or reverence of the Supreme Being and love of His character; obedient love of the will of God and zealous devotion to His service; religion; sanctity.” Then, according to the Constitution of Derby, a parcel of Irish servants, both meu aud womeu, aud to be sold cheap, by Israel Boardman, of Stamford, January o, rial.” These may serve as specimens of advertise ments of slaves In Massachusetts for sale, aud ltwlllbeseeu that the slaveholders of that good old Commonwealth were lu condition to a person mine territory oi uvau w con- veneration rioted of polygamy to sentence tlie party t*pen!tentiary imprisonment just as the sentence of the law la imposed on any other felon who is conricted of the commission of crime. I stated that I had repeatedly denounced polygamy on this floor, and that all the prosperity and good conduct of the Mormons could not justify polygamy. I further stated that as the law now stands we appoint the governor, the judges 1UCI1, nuuiuiug SW ms vwuomuHwu w* Massachusetts the lawgivers of thst State in forming laws must do so in a spirit of the prosecuting attorney, the marshal, ami the clerks for Utah; and they are appointed His will, aud zealous devotion to His ser vice. Now, Mr. President, the Supreme Being his said that divorce shall be granted for no cause except fornication. By my amendment I have asked the Senator from Massachusetts and other Senators to act in obedience to that law of the Supreme Being and forbid divorce for any other ...... 1 . ll.n T ' .< < » tt.l C..) A. 1. n ..A cause wherever the United States have and that when a Mormon is put upon t jurisdiction, as well in all the Territories as in the District of Columbia, aud I in sist that the Senator from Massachusetts can not vote against my amendment with •^r polygamy, •* the law now stands, no out a palpable violation of the very spirit other Mormon can serve as a juror Jn the 0 f the Constitution of his own State, case unless he will first swear that he has W hicb requires the lawgivers for that peo- SSbsffi£uU£&* 8$uTs*S Pitiesmorality and exercb, ^ Impossible, If thsra is any evidence against him, for a person who has been guilty of polygamy imy to escape before a jury who have that they do not believe polygamy to be right, and before a judge, prosecuting attorney, marshal, and clerk who are eent there to convict, who are appointed be cause of their opposition to polygamy. I further stated that polygamy could not Increase under thle state of things, but must decrease; that It was not considered compulsory under the laws of the Mormon Church, but only permissive; that the law as It now stands disfranchises a man who practices it, and neither permits him to vote not hold office, and I took it for granted that no young Mormon who is ambitions, and who looki to the future, will enter into polygamy when the punish ment would be penitentiary Imprisonment tnd disqualification to vote or hold office, or Indeed to hold any public trust. But while I took tbls decided ground in favor of punishing and (oppressing polyga my, I also took tbs position that we have no right to punlah any one under a charge of polygamy until be is convicted by due course of law; that to lmpoae upon him a test oath to prova hit guilt, Is In violation not only of fnndamental principle, bnt of the Constitution of the United States/ Sow, Mr. President, I still stand by the doctrine of my opeecb. I aay punish with penitentiary imprisonment every polyga mist who Is legally convicted of the crime, but pnnlsh nobody for any crime until he has been legally convicted. Cee no Illegal or unconstitutional test oaths as a means of ascertaining the gnilt of anybody, but uie all legal and constitutional means to which means obedient love of the will of the Supreme Being. And obedience to His wilt in the enactment of lawe mast re strain divorces within the rule laid down bv Him. Upon what principle, then, can the Senator from Massachusetts vote] against my amendment? And why should the Senator seek to punish a person In Utah for practicing polygamy and refuse to pass a law pre venting the destruction of the family and the practice of polygamy in the District of Columbia and the territories. And if the polygamy of Utah and the Illegal divorce and remarriage of parties in the District ot Columbia stand condemned upon the same moral ground,why should the Senator from Massachusetts seek by legislation to punish the one and refuse to legislate to suppress the other? 1 will unite with him, if he will leave other unconstitutional or oppressive provisions out of his bill, to pass laws still more severe, if need be, fori the punishment of polygamy in Utah, if he will unite with S nators for the passage of laws applicable to the District ot Colunid bla and tne Territories which shall forbid party to marry agaiu who has according to the moral law been illegally divorced and who when be remarries is declared by the Divine Being to be an adulterer. Since our last discussion of this question ll was glad to see that the general confer ence of the Methodist Episcopal Church, repress the evil and punish the guilty. While we hart a right to do this, we have no right to undertake to suppress the Mormon Church or to put them down as a sect or denomination. The (act that they believe in polygamy furnishes no justifica tion (or persecution or (or their punish ment. The (act that they practice it not only (urnlshce a justification (or severe pens! statutes, but makes it our duty to •uact them; and while I am ready to sup- port any law that imposes severe penalties upon polygamy, I am not willing in con nection with it to support the confiscation of church ptoperty, the imposition of ille gal test-oaths, or the punishment of any K n (or any crime of which he has not legally convicted. . Mat while I take this position in reference to bigamy or polygamy in Utah, l at the ■amt time hold tnat the practice ot bigamy or polygamy by the Mormons in Utah is no worse than the same practice is In New EnsUndortn the District of Columbia, and the penalty ought to be the earns in I have laid down the doctrine, and I do not expect to hear it successfully contro- verted, thata divorce granted for any other cause except that of adultery or fornication u illegal according to the Divine law, and u violation of the express command of J-hnst himself. This authority does not [tad persons who deny that Christ is the 8on of God, and that the Christian religion t* true and U what it professes to be. 1 admit that such person would not hold himself bound by this authority, but every | Christian and every believer in the truth oUlie Christian religion must feel bound Then, according to thla authority every man who puts away his wife by diroad and marries another, except for the caJW offomication, commits adultery, at he is divoeoad fit —pratmT from tho nrst wife, and as he has married the second jpd la living with her in adultery he is a wgimist or a polygamist. He has two ■Kjrtres. Hejs nt-plecting his duty the first and only legal wife and is living in adultery with onotE r woman, i ? ow » President, while we are legis lating against the social evil ir. one of the TMmMandimmMHBgJDhiViKmt for the sanctitv of the family, let u* to legislate as to prohibit this illegal de- Jfratfonof the family In the District of Ufiuml ia and the Territories. If we have jurisdiction over the question of polygamy Territory of Utah, we have certainly hke jurisdiction over illegal divorce and U- remarriages in the District of Colum bia and the Territories o f the United flutes. My amendment provides that this ■ysttm of Illegal divorce which is now JgomJsed by Congress in the District of Uwumbiashall l* abolished and the courts iu granting „ confined to the one according to the DP The .Senator from does not tupj>ose I « amendment. Why nave a right to exp Massachusetts and « floor who admits th the Savior and the truth vote for thb shall • width is legal tiou of the Supreme Being, in a spirit love of His character, obedient love of slave or a scotch slave, au ludlau slave or a negro slave: they couid sell you a mau or ■ woman, or they could sell you ’.In ■ child 6 montl _ . — apart, a* it best suited the purchaser: aud they could sell to oue person the father of the child and to another person the mother, and to h person third the child itself, which was held to be legitimate If the master consented to the In tercourse when the parties were never mar ried. And they sola negroes “taken by execu-, tiou" for the paymant of the debts of theL owner. This showed a very liberal commerce I iu slave property iu Massscnusetti. Anything the purchaser wanted In that line he could get ■r the money. , . , , J Hubbard, the contemporary historian of the Indian wars, says of these captives: “Of those who are not so desperate or sullen 1 t9 sell their lives for nothing, but yielded In time, the male children were sent to the Berj groes and Indians were* whipped who kept arms. They were forbid on public days to sell auy cakes or drinks. They were com pelled to t iud out their children before thej were four years old to some English master. 1. ier received any stolen goods they were to be - hipped and banished, and If they returned, were to be Imprisoned (or life. If convicted of theft they were to be shipped off beyond Ho that the fate of the free negroes and Indians .n Massachusetts was little better than that of the slaves. If the marriage relation was . stoop- uized among them the offspring were cruelly taken from the father aud mother before they wete four years of age and bound to an Eng lish master. In other words, the children of free negroes and Indians were enslaved for the benefit of the English masters. This was slavery In Massachusetts. Neither very, portion of mr life, nor any .. of the Dark Ages, was ever more tyranleal. venal and oppressive than the slavery of achuietts. MULATTO BS. my honorable friend from Massachusetts did not confine himself to the allegation that I had nuppotted for a large part of my life au- Institution that did not recognize the mar riage relation, but he alao called attentiou to the further fact that there was a large uumbo mullatoe* In the South to be accounted for. Now, Mr. President, I have never claimed perfection for the South. Human nature exists there os it does everywhere else,and 1 shall not claim that the people • f the South are entire- free from human passion. But having own where slavery came from when it In vaded my State. I will now try to account for “ least a portion of the mulattoes. And spin I stale I am very sorry the Senator from Mom- * n XuSv mix ,S5S . achuwttt is not In the chamber to hear the re- TSjjKJL marks I make on that aubiect. In order to do United States commissioner, or a court in any - - prosecution for bigamy, polygamy, or unlaw ful cohabitation, under auy statute of the » again to refer mudas. of the females, some were distributed to the English towns: some were disposed of among other Indians, to whom they were deadly cuemles, as well at to ourselves. (Moore, page 5.) this it will be necessary for to the history of Massachusetts. 1 will here quote a few passages from that history: “The law of 170:1, chapter 2, was lu restraint of the manumission, discharge or setting free of mulatto or negro slaves. ^“^(Moore on Slavery in Massachusetts, page Yes, “mulattoes r ’Ti the word— The colonists of Massachusetts assumed to themselves ‘a right to treat the Indians on the [ footlug of Cauaanlte* or Amalekltes,’ and practically regarded them from the first as forlorn and wretched heathen, possessing few rights which were entltiel to respect. (3 Band croft, page 40s; Moore, page 30.) I “Tney exported Indians to sell for negroes. (Moore, page 32.“; The coloulsU of Massachusetts sold Indian prisoners on public account.aud the treasurer, _ giving an accouut of his stewardship, has this Item: . . , , , . Captives: For one hundred and eighty- it,) it.I.AM.ip. r-1 tt-A. inlil Fy'lT 111 '* eight prisoners r.t war sold, £397.13. The author says: “There Is a peculiar significance iu the phrase which occurs In the records—>eut euce ui iuo tuoiuuuiik vuiuiu. in session at Philadelphia, has condemned illegal marriages, and has passed a reso lution saying that divorce should be con fined to the cause laid down by tire Saviour himself, and that alone, and has forbidden lu ministers to perform the marrisge cere mony between ptrties, who under that rule nave upright to marry again. This is a noble example set by that church; and I trust the Congress of the United States, within the limits of its juriidictiou in the District of Columbia and a l the Terri tories, will by law ssta like example to the States and to all the peop'e of this Union. In the discussion of this queadon the other day I confined myself to a living issue, to an eril which is now prevalent, which may properly be said to be our great national sin. Most of my references were to New England, not witn any view of making an assault upon that section of the Union any more than upou any other section guilty of the seme practices, but because tke evil seems to lie most preva lent there, and the statistics showing iu prevalence were at hand, given us by New £nglaud authors, to show the true state of things. 1 did not go back to the history* of New England and refer to auy other evil or any other bad points in her history which might seem to be disconnected with theatihiM't under dlamiaaion. I tried to confiue'iuvself to a discussion of the evils which destroy the peace and sanctity of the family, which is the unit of the flute. I am very sorry the Scuator from Massachu setts (Mr. Hoar) is not lu hit seat, for 1 desire that he shall hear the remarks that I am going to make. However, it la a matter withiu his owu discretion aa to whether he will do so or U °But, Mr. President, my friend from Massa chusetts in bla reply, while he Justlv acquitted me of auy purpose to do Injustice to New England, did not think proper to confine him self to the living Utuea of to-day, nut be felt it hla duty to go nock and dislnmr for exhlol- tiou the corpse of alavery, which U now one of the dead Issues of the past. He charges that 1 had for a large portion of mr life supported au institution (meaning slavery) lyiug at the foundation of government which prohibited marriaee to a majority of the people of my 8ute. In that connection, however, he was a little at fault In his figures, as slave* were. I believe, never at any time a majority of the people of Georgia, yet they formed a Urge minority ol our people. Bat as I am charged with having supported the In- ration of slavery most of my^lfe which prohib ited marriage among the slaves, It may not be Inappropriate, however unpleasant the task may be, for me to make some reference to the origin of slavery in this country, and to show who was responsible for Ha introduction. As slavery Is now dead in this country, It 1* cer tainly as proper fer me to go back and refer to & Mlftn and its early practice* as it was a for genator from Maoeachusetu to Introduce U Into this discussion, and refer to tta practices away by the treasurer.’ It meant sold into slavery. (Massachusetts Records, volume 5, page 5»; Moore, page 35.”) m Anything to turn aa honest penny. Wh<_ _ King Phillip, the great ludlau leader fell, his] wife aud sou, the queeu and prince of his great tribe, were taken prisoners, ol their treat ment. that great man. Edward Everett, says: “What was the fate of Philip's wife and child? Hhe Is a woman: he Is a lad. They did uot surely haug them? No; that would have been merciful. The boy Is the grandson, the the mother Is the daughstr-ln-Uw of good oldf Massasolt. the first and ever had in New Euglu —. . now Philip is slalu and his warriors scattered to the four winds, they wlHJallow his wlfeptud son to go back—the widow and the orphan —to finish their dors and sorrow* In their na tive wilderness. They are t old luto slavery —West India slaver)*—and Indian princess and her child, sold from the cool breexei of Mount Hope, from the wild freedom of the New Eng land foiests. to gasp under the lash beneath the blazing sun of the tropic; bitter as death- aye, bitter as hell! Is there anything—l do not ■ny in the range of huntaulty—is there any thing aulmated that would not struggle against this? (Moore, pages 43 and 44.) I “The practice was lo couslder such Issue- (the children of the slave mother) as slavesi and the property of the master of the parents, liable to be sold aud transferred like other chattels, and as assets In the hand of executors aud administrators. (Moore, page 21.) i I “The ludlans of Cape Hable. who had never In the least manner been guilty of any Injury done to New Eugland. were kidnapped and ■t off to lie told. (Ibid, page 47.) The breeding of slaves was final!/ not found ▼or Dr. Belkuap says that negro children considered an lucumbrance In a family when weaned they were glveu away Uke pup pies. They were frequeutly publicly adver- ■ <od to b« glveu away, sometimes with the ad- nmial lnducemeut of a sum of moue^r to any one wuo would take them off. , P**« “It was In the power of the masters In Mas sachusetts to deuy baptism to their tlavcs.and they practiced such denial, at appears from the extract from Mathias Plant, tu* secretary o tho Society for the Propagation of the Gos pel, etc. (Ibid, page 5h) “in 1754 It was adjudged by the Superior Court of Massachusetts that the child of a *' mala slave uever married according to any the (onus prescribed by the laws of the land, by another slave, who had kept her company with her master s conseut, was uot a bastard. (Ibid, page 58.)“ If this decision was right, there were ba*tar<l* among the slave children of Georgia. Mr. l'elfry gives it as his opinion that from the reverence entertained by the fathers New England for the uuptlal tie. it Is safe . Infer that slave huabauos and wives were never The hither, of St* EttfUtll ,1m chsrUh.d due r«»rd— “Fur puenul and dual dntle, and re.point- bUltle,; ret U t> cert,in that ,Ure mother, and children wer* ieperated. ReHtoc upon Nha ,1^.1 naiahli.hail In laranl thri I*11ptfan law ol Uod Mtabll.hed in l.n.1,’ the Puritan could bare had no Ktuplt about thla matter. Such a condttlou n( .muter aud liar, mutt hart been regarded uaa axiom, u it iu bjr the li.bnw. Ur. Paltry» inference U not iraWSrt. inquire , and by whom ft waa lntroduce when anl how S!HSSSffiS^d 1 a.“ , Sl)^n' 1 u1 lustration a, any will b. found In tho hUtoeyl |of tho two WatM. M.aaaehnwtt. andtioor«tiL In my other (pooch 1 took ocea,!onto coutratt tho pofnamy of Utah and New England; now tt will become to um, extent myfuly toeon- I ir Yn »£ iWr^2Jt H. Mooto a member of the i lU-.AdmsetU a.vslte xpect to pa*, such tot. Mr. President? 11 the Senator from very Senator on this * divine character of nth, of Chri.tianlty to Tote for thi, amendment. I expect the Realtor from Maavaclm-eU, to vote for It, hecaaaeif lam not BtUinforaad he b.- “area In the truth of Chr.'tiauiiy.andbo- the penleeMa to he neatfy uttermted he preervation and >an. tity of the j““ria*e relation. If he te-lterer In Chria- “*»ily and doirc, to maintain inviolate D»e marriage relation I can veenoexcaee CM hare foe Toting a.-alrut my amend- In the ASySKBS. spec* for (he consttttttioa nod taws of Ws own State, and if b« curies oat Drs the “Utawmi oi tht CqfntltttHcn o* Mae- '• ctr mfij cad not vv v ' tschuittt* ou a History «*s - quote from Moore tneubetanc a, fallow,: •LaTMT IN KlMXCNCitR*. -The Puritan, in their earllert code made »-dt:Kr y at . (Moore « Nota, o* tr -a Irish. (EUlou't History of New England, vol *^X^S‘^d lndlMi w,r. bMgbt and wild without eompuncuon by prlcat and people alike. ilbM, pMt taa.)_ IrtUMiMpumiSm^IbirpegM “n**" r renes of slave* ro* the loarkett ot the west Ir. Hr* end utbrni c^.on'aa, and broogbt pi-ttoasof fhc* % to SfWlnftand. (Ibid, page two years ago an lm- South, enveloped In smoke and streaked with fire: as frigid and inhospitable as the freezing winds of a Massachusetts winter. This cold wave rested four long years upon the Souths aud It bleached with yellow large numbers oi the young of the negro race In that section, and they are now called mulattoes. The race I was first bleached by Massachusetts when I they were slaves there. They have since been bleached over again from Massachusetts since [ they left there. I The census of 1380 does not show the propor tion that the mulattoes bear iu Georgia aud Massachusetts to the block race; I do not find It In the census of 1870; but lu looking back to the census of 18GJ1 see they were taxi ken sepa rately, and 1 want to refer to it. In 1840 Geor gia, aa you know, was a slave Btate. What ruc“ * ‘ ' proportion did the mulattoes bear to the uegroearor the blacks, aa the census designates them? There were In I860, according to the census. 425.208 blacks and 36,000 mulattoes. being a little above 8 per cent, of the colored race in Georgia who were mulattoes lul860. Now, how did the count stand In Massacnu- setts? In Massachusetts at the same period there were 6,511 hi cka and 3,071 mulattoes, being almost 50 per cent, of mulattoes In Mas sachusetts oa compared with the whole num ber of black*; and only a little over 8 per cent. In Georgia. Ho much for slavery lu Massa chusetts and Georgia, and so much for the crigiu and existence of mnlattoee there. The Senate will remember that 1 did not lutroduce slavrey Into this debate. Now, Mr. President, a few words In reply to another part of the speecn of the honorable Senator from Massachusetts. He stated in substance the other day when this question was last under discussion that the laws of Georgia were substantially the same as tht Utah bill In reference to the right of husbam aud wife to testify against emchjother In crim inal cases, or their obligation to do so. The Senator has grossly misstated the law of m; state, I will not say Intentionally, for I thlnl handed to him on the spur of th time to ex- I find with t before he made the assertion. What Is the first section of-this bill that he saya Is very similar to the laws of my own State? It reads as follows: ‘ That in any proceeding and examination the book was l In 1694 all negroes, mulattoes—” Tes, “mulattoes” Is the word— 'and Indian servants, os well mole as female, of 16 year* old and upward were taxed st the I rate of twelve pence per poll, name as other polls. In 1695 all negroes, mulattoes and In dian servants, males of It years of age and upwards, at the rate of £20 estate, and females at £14 estate unless disabled by Infirmity. (Ibid., page -• of the vt r —ras a party of whlch we hare any record I iu Massachusetts Is uotlced In the diary of John Adams. It was lu the Superior Court ati Salem lu 1766. Under date ot Wednesday. November 5, he aava: 'Attended court; heard trial of an action of trespass brought by a mu latto woman for damages, for restraining her of her liberty. This Is called suing for liberty; the first case that I (ever knew (of the sort. (ibid., edln its most unlimited extent, own or Impair the great priaci- les which protect the sanctity of that relation uiwncr, v Agaiu he says: “The happiness of the married state requires tat there should be the most unlimited confl- AGENTS Pr1.1rl„d|! ! deuce between husband and wife, aud th confidence the law secures by providing that It shall be kept forever Inviolable; that nothing shal* bo extracted from the bosom of tho wife which was confided there by the husband. (First Greenleaf s Evidence, section 25L)“ Again he says: “But tho object reaily Is to secure domestic spplucss by placing the protecting _jal of the law upon all cofldentliu communications between the husband and wife. and whatever haa come to the knowledge of either by means of the hal lowed confidence which that relation In spires cannot be afterward divulged In testi mony, ereu though the other party be no longer living. (First Greenleaf s Evidence, 337.) Yet Is proposed by this bill to destroy abso- - itely that rule which affects the confidence and happiness, and, as Greenleaf says, the greatest solace of human existence. It is pro posed, In the wild madness, In the fanaticism that now rules the Mormon question, to break down all these sacred harriers that protected the family for so long a time from the earliest period of English history and to apply a rule that has never been applied between husband and wife so far as I know in a civilized country, that In proceeding on indictment agalust oue of the parties for adultery or big amy the other, without even being summoned, may be arrested aud carried luto court and compelled to testify. The pretext here I* that we are legislating to make nappy homes lu Utah. The argument la that we are legislating toguppresspolygamy and to have one husband to one wife, aud to make that home a happy one. If Mr. Green leaf be right as to the object* and alms of civil society and the objects of the law protecting the marriage relation, we are legislating to destroy one of the greatest safeguards of the home and of human happiness. I repel the statement that the State of Geor gia ever haa or ever will pa*s such unwise aud outrageous laws. I am glad to see that the State of Massachusetts never ho% passed such a law, and I know of no other State In the Union that has. It krould be Iniquitous and It Cone Posen 1 11 Tot ' - ' ' ‘ • ' " •Ainu H. 11. KANE. A.M.. law. liUtSu *•« present to follow tho Senator from Mas sachusetts, that I should like to notice. I should like to point ont the absolute confiscation of church property that is provided for In this proposed act under the section that he refers to wheu he speaks of the amendment to his bill. I think It certainly needs amending, but I can point out thaj un der a different section, which I will do as we go along, for I propose to try to amend it. As U stauds It amounts to absolute confiscation of church property in open and palpable violation of the constitution of the United States. However. Mr. President. I do not desire to say more at present. After mr amendment now before the Seuate Is acted upon I shall have some other amendment to Introduce, when these subjects may come up more ap- nc*s. and may be called and may be compelled to testify in such proceeding, examination, or S rarosecutlon without the consent of the hut-1 and or wife, a* the case may be.” That Is the first section of the pending bllL The Senator from Massachusetts insisted that proprlately. Don't Spill The Milk. “There is no use crying over spilled milk,” says the old saw. If iajs mcuiu saw. x( JOD are DOt only bald, but have no Ufe In the roots of your hair, there is no use crying over that, either. Take both time ana yourself by the forelock while there is a forelock left. Apply Parker’s Hair Balsam to your hair before matters get worse. It will arrest the falling off of your hair and restore its original color, gloss and softness. It Is « perfect dressing withal, clean, richly per fumed, cools and heals the scalp. In'another Vase the master protested the plaintiff was his mulatto slave, and that he, the master, was not held by law to answer, but for pleading the master sold “Not guilty. (Ibid., page 1190 “As luthe preceding valuations of the prop erty of their constituents, ludlans, negroes aud mullato slaves had been prominent arti cles, they must keep on still In the old track. Indians, negroes, and mulatto** mast still be valued as property. (Ibid., page 6t. “Again In 1726 the assessors were required to estimate Indian, negro aud mulatto staves proportionately as other personal estate (Ibid., page 65.) I “Negroes. Indians and mulattoes were for bidden to serve as porters lu Boston except Moore, the historian -art: it 1, wulnttut *Ut. rnothm udettuim w»r* xpanuA Uut Mr. I’.lf nr • tuf*i* nn U Not w»rr»nttd bx tb.tM.w6m h. In- ferred tbit tbe New En(Uad htben dW nut wpnnM »l»v, hmltmd. tad wire. In Muu- chuaetts.” Scots, Irish, Indiana and negroes, when taken as prisoners of war or kidnapped or baaed received Uke a white man's In court. They were forbidden to go to fires at night. They could uot bury their friends after midnight or on the Lord's Day. Negro, Indian or mulatto slaves are forbidden to buy anything In tbe market lest tt should enhauce prices. (2 El- 1100,139.) “Tne law of 1703, chapter 4, prohibited In dian, negro and mulatto servants or slaves to be abroad after 9 o'cloca. 'The law of 1705, chapter 6, for the better preventing of spurious and mlxt Issue, etc..punlshes negroes and mu- lattoes tor Improper intercourse with whites, by selling them out of the province.’ (U does uot tell what was to be done with the whites.) It also puuUhet any negro or mulatto for striklug a Christian, by whipping at the dis cretion of the Justices before whom be maybe convicted, it also prohibits marriage of Christ Ians with uegroes or mulattoes (Moore, page 51 and (5.)“ Here you willobienre, Mr. President, the mulattoes come in rather thick; Indeed they are scattered all along down through tho bis- try of Massachusetts. “In 1718 aii negro, Indian and mnlatto ser vants for life were estimated as other personal estate. (Moore, pate 6t.) “Indian, negro and mulatto servant* for a term of years were to be numbered aud rated at other polls. (Ibid., page 64,) , “It was enacted by the Legislature of Mass achusetu lu 1734 thst no person authorized by this act to marry shall jolu iu marriage auy whlteptnon with any negro,Indian or mulat to under penalty of tfo.and all snob marriages shall be absolately null and void. (Ibid, page 'The Inhibition applies not only to the negro aud the Indian, but to the mulatto as sell. “The law of i(98 appears to have been the first. If not the only, one In which this feature was applied to the negroes, mulattoes and In dians In bontage, and maybe Justly regarded os on lndlcotiou of progress for It was on ad mission that these unfortunate creatures had ’faculties’ valuable to their owners. If not to themselvca.”. (Ibid, page 61) Here again comes lu the mulatto. And when In 1788, after toe end of the Rev olutionary war, Masaachasetts banished the free negroes from her territory by an act of her Legislature, unless they were subjects of the Emperor of Morocco, with whom I pre sume they ha«l vslnablc commerce,or “* of the United states, end If they fail after ten days'notice, they were llal .. punished In the house of correction for a fixed time; and then U they still tailed logo they were to be taken up and whipped. andTlf they stlU did not go this punishment was to be inflicted once every two months Under this law a lengthy lllst of names U given of those who received the notice and were com pelled to leave the Sute; and among this list who were thus banished from Massachusetts the law of Georgia was substantially the same. Before I take my scat 1 must show that he grossly mls*tated the law of Georgtaon that subject. The law of Georgia was tne same as It was in most of the other States prior to the act of 1866. which was passed by our Legisla ture and which Is copied almost literally into the code, but as I have the pamphlet acts of the Legislature before me I propose to read from that instead of the code, simply remark ing before 1 read that In no case prior to that time could husband or wife be a witness against each other; they could in no case be compelled to testify against each other; they were not to be called. Parties to the record were not witnesses; parties who were Infa mous or conricted of felony were not wit nesses; pvtles at Interest were not witnesses. In a word, the old rule of evidence substan tially that we are all familiar with obtained. In 1866 the Legislature of Georgia passed this act: “An act to declare certain persons competent witnesses as In the act set out and for other purposes: ''MUUMBLB. •Whereas, the Inquiry after truth In courts of Justice it often obstructed by Incapacities created by the present law, and It Is desirable that full Information as to the facts in Issue, both In civil and criminal cases, should be laid before the persons who are to decide up<»u them, and that such persons should ex ercise their Judgment on the credit of the wit nesses adduced for the truth of testimony. "Sxcriosrl. Be it enacted, etc., Thst In all cases hereafter tried, no person offered as a witness shall hereafter be excluded by reason of incapacity from crime or Interest, or from being a party, from giving evidence, either In person or by deposition, accoretng to tho •ractire of the coart. on the trial of any Issue olut-d or of auy matter or question, or on any uqulry arlslug lu any suit, action or proceed ing, civil or criminal. In any court or before auy Judge, Jury, sheriff, coroner, magistrate, ©filt er, or party, having by law or cousent of parties authority to bear, receive and examine evtdeuce; but that every person so offered shall be competent and compellable to give evidence ou behalf of either or any of the parties to said suit, aclionor other proceeding except os hereinafter excepted.” *"*- * *“ • general rule now. It , .. dd law of evidence aud makes all persons, other than the exceptions that follow, competent wit nesses. leaving their disabilities and their credibility witn the Jury. Then these excep- i Loss of Appetite, Headache, Depres sion, Indigestion and Constipation, Bil iousness, a Sallow Face, Doll Eyes, and HkMNIfltatiie among the symptoms which Indicate that the Liver Is crying for lions were made: “Provided, That when one of the original parties to the contrast or cause of actlonTn Is sue end on trial Is dead, or Is shown to the court to be insane, or when an executor or ad ministrator Is a party In any suit on a contract of bis testator or luleitate, the other party shall not be admitted to testify iu his own •• section 2. But nothing herein contained shall reuder any person, who in any criminal proceeding Is charged with tbe commission of any ludlctable offense or any offense pun ishable on summary conviction, competent or compellable, to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or herself, or shall In any criminal proceeding render any husband com- peteui or compeuaute iu gi«« evidence for or sgalast his wife, or any wife competent or compellable to give evidence for or sgalnat her husband; nor shall any attorney be com pellable to give evidence for or against hla purchase*! with rum or other commodity, were considered and treated as slaves. John Adsms says: w I lived for many rears In times when the uWi ar> rrv-itiCMF, • mill* * —« nuuh h iu the satisfaction of the Senate that Mas sac hu I setts was enacting taws in reference to mulat J absolute- vmettc.a(>UT<rr tu not dtifncfm, whan lh« tw,t mra in mr TlcloUr Ihoufbt It not In- cotubunt with th«U ctunucr. tfcUnu’a Work., 10.1*.) “II there nil prenlUng pqtitle rentlmenl uobut itorerr In Xu-ochunnu, u ha. tins coniuutlr eulmed of UW, th« pcoplo of that NUW, tar leu demoutretl-, tatu. their <U- •ren.laat,. hail on .xtraorJlnar) way ol sot ■ho wine ItiMoore, po«o U»/') who wa. a pr.mlnent man ,e co-pel In new En,lan' bl. <Ur, UluMrale. the temper ol thotlmi reference |p> .tularin, Indiana In th* iMTorcoSwMretodMIrorar dbtarb hb ate totuu expire over them. (Moore, pan 11.") IniIffioCp-n Ul,w. hadUrectudthat— -Whereai fame., the terrain and kondmaa onto Richard, hathImd a dortre to marry, art harlot manlleaud tboiame unto hi, Mid matter who prombM to bay a yokefellow lor I fBaas sfrsdsstm Id offier word., thanto pay UI (or a wife a.-0Ur„ who romtnlttrtgoRcDM, were tried »nd p-iulihed In tho mom tUoroo* manner. FhyOU. aneero woman, art Mart, a nerro man, were nupecud of ponotiio* their jaaM coart sentenced Msjrklo be haag*L and Phyl-I Ua to be turned u> death. Oa the day of exe cution they were both drawn to the place of execution attended by themmmemgmmh|aoa spectators ever Ri where the til he hewn oa each < tensions. in Georgia slavery was positively prohib ■■ i.. r AtOelethomc Mid. “Blare rr u acalntt Ih, (wpel, a, weu'af tho htndauentalUw of Ctifland. Wo refOMd aa truttee, to make - IfaaaachOMtU wm mahln, law; lUMuhuotu^J |E5S alread^how^tha^taMaehuM«7 •tut carfoM of ram to Africa art brooch! ear- « ol.lare,toMm.olth. We,t In bet and ■mtbein colool.a art I fnrtrtr ahowod ttEatther mired (Urre loe tho market aa ton, aa they found It profitable. Thtt, In parehaa- tn, alate, from MoHachuetu w. pure hared adu, proportion of mnUttoea It re.au the mulattoes. It mm, the — a rery larye one, and we S 'the mulatto In.tltuUon aa wo jot tho ■rny Imitation b&fhfnirt’thttrc Ayer’s Pills will attmnlnto tho Llrer to proper hetlon, and correct aU there troubled On, or more of thM* rills ahottld bo taken dally, until health to folly Mtabllahed. Thousands teo- tif y to thttr great merit. No family can afford to bo without Attx's Pills. rnzriktD >T Dr. J.C. Ayer&Co., Lowell, Mass Bold by all Druggists. *-«£ BE8T 18 CHEAPE8T." “rHRESHERS UMIU * 1 Cloter Uillerw Queen the South FARM MIL S I\r Stork Ford or Heal foe _ Ktnulr uic. 10,000 ZZT *0*333, Writ# for Piapkl't. uisjsch et Gttii ITfg Ca. ‘ mmleSnui b Mill Co, CINCINNATI. O. AGENTS: mice orer 0!W hnn«lre-I p*r cto(* profit selling the Reflecting Safety Lamp hlchcsnbs'^ldinrrsry family. Gir«w . *• r. ti.r. • . - ii-.itrv UmjM. Sit in |»l«- I.it iii |t M*nt for flfif r In •tJ«iup«. \\« Laveothar ,, ]t houuiboi.iarticle*. S nJfor circulars, iSSFFOR FORSEE & McMAKIN. Cincinnati.«. lilm— IT ui hninr <|iili'l,ly nl itrinrM^Wnfhtko * Of Kentucky University, Lexington, Ky, IHliMS cu bwl■ MT w^k-Uy la *M |«V. Ms fMfibf, “ ' yaar Omb 111*«5yMra*fact.from 11 Suim. la- pra«rtciUy^(a«lIrtdiuUyWart»iSy |0« Sw. ClNNl DlytMaa yrtwaWS tolu pa4aatc«. This bcaaUAil «hr |, ,, fit bralUtfulaM* aad •■vii-tr. aad t* oa l*atti D « tafiroat JTaU Stttian I'ftnl Stpf. SIS. FoTelr.-u1»r* an 1 f..:i i-arti ul»r r-W•«**. \VILIll’ll It. 8MITII. U.in.t*^ I ThN CELT or P.t jr. ncn«- tor Is maSs onSite •, UMTCarsof Strai manta WEBSTER’S UNABRIDGED. In Sheep, Russia tnd Turkey Bindings. THE STANDARD. 1 Webster— it has 118,000 Words. IRTlVJffVI Standard In Gov’t Printing Offli _ A XXJCi 32,000 j :.•« i:t Ih;■ Sole 29 to 1 of s - any other seriss. ^^TP4CJF¥1ai ltnnakc a Family inu-liicent. JDJDO JL Itt’et help for SCHOLARS, TEACHERS and SCHOOLS. Webster Is 8tandar>l Authority with the U. 8, Supremo Court. Rerommentlod by the SUte Sup’ts of Schools of 30 fctaU-s. j “A LIBRARY IN ITSELF.” a 1 The latest edition, ia the quantity of matter it Contains, is believed to be tho largest v >lum« wwiiiwj—tu utu ioiiii'i iu nny oun-r Aiu. inn y, and nearly 3 times tho cumber of Engravim;'. Bte Unabridged la now sappHad, at a *01011 ai- ditional coet, with l>EN'ISON"fl LATENT REFERENCT WDEX, ^Tbe greatest Improvement in book-making thaA has been mads In a hundred years.** £* C. MERRIAM k CO., Pub’rs, Springfield, Mim V—/ Debility lfaBhaog • and !>««•* ifarorlta pretcrlpUoo ef % aot»l spaeUnst in krad.) Drnrr tucaa fill lu A44r«j« 1 ns \jj a m r* a lari A LITE MISSIONARY. THE WEEKLY SUN! A most efficient agent in the great work of Government Reform! Should be read in every School District In the Union! For real live missionary work [among the people, here is your opportu nity. .tty court —| courequenc, of adultery, or to any action for breach of promtot of marrtan.” Thla to the act of UM. 01 into Utter part the enator from Maaaachoaett. undertook to take a chan,, ol tha law of Ooorela re a, to I permit huaband and wtla to tettjfy agalnat each oth.r; bat when yoa notice Um act alto- lltther, tha Bret reqtton chaaxe. tha old law | agOrertreererybody -WMOMrere^MM|^H art make, ar.rybody compctest except thore who are excepted In the following Me llon., art one ol tha following rectlona haa the prortolon that I hare Jntt read—that “nothin, herein contained a hall apply to any action, rail, or proceeding, or bill In any court of law or real ty Instituted la coueqnence of adul tery, or to any action for breach of prom Ire of marriage." Therefore It left tha Uw exactly a, tt Mood before on that qaeattoo. art pro- rlded that nothing In tho act ahould apply to thore two cMe,. What wm tbe Uw before that act waa patted? The Uw wm that neither huaband Or, the Dally and Sunday taauaa forth, same time for ,3.00. ADDRESS, THE SUN, 1G(J, 1G8 and 170 Nassau Street] New York City. I SCHOFIELD’S IRON WORKS, •OPOgITB THR^AMINOCR DCPOTi MACON, OIOROIA o tnrer, SrhoBeld', l atent Co'.-.oa Prette,." Com ill’..a Cane St:;;i, aa 1... . "■. Mhluery. Wrought Iron Pipe, Engine rittlngt, Braa, Uood. and Mill auppltea Generally. b> nd lor dr Urt. leblMAwl .Ipolnu exactly as ft itood al comM Uw. In care of an action tor adultery or .lttrer of tho other eauaea mentiooed In that aactton ■ Uw tha t-euator from Maaiachtiaetu to entire ly lua,. urare when he .ay. that the la-.r of Georxu has t^«?u cha:uvl ou that sub'e & p*«y, cftawipH I that n.uher Maaaachuaatta oofGeorglaper- mita o» ttwr haa pmmittod. or I tntla „r erer hu permitted, or I pre.uue cur will permit, the outrage akaln.l the horn- ar.d the breach of < onBdcncw between bu.ha-a 1 an l w:!. tt t. propoaed by the Itot li-.UOaof •ht. btU to enact aa a Uw. What t. the neaon, Mr. PretMeat, for thla txelui: >n o! hue,an 1 an 1 trl!e. a:-. 1 thla de- n tl I 1 t:.“ r - to ■ tape I th. m to gtre ev; aSpo^^ralauo^To^Ureretnre^^d«-«agaUtteartuth. r• I wUl read (r„:a a mi»ht ha>. aarentF.i tra |ama to*t)pii a little dtst.ugu MsuacbuittU autkov SI to th# SaaaunShto^SSl th# oStetK*. IdoSS policy o4 tbe law oa that aubjecu Mr. Green- oty thsjr ware akKilo tbe people ol Masts cha- ** Int rolnmoom tmmtzJzz&Xj ^°» !fe>Msaff-to , x-> w *rt..t^ \K tacroduy protect SHELBY HIGH SCHOOL, SHELBY, TV. C. THE FALL TERM opens Augtut IStli and closes December 19th, 18S1. SPRING TERM openi January 4th and doses Jane 5th, 1S85. TUITION, per month, $1.60, $3.00 and $4.00. BOARD, per month, $10.00. Young men are thoroughly prepared (or the higher classes in College. Students enrolled In lSS2-’83, 100. Students enrolled In 18S3-’&1,110. Address the prindpal, PALEMON J. KING, A. M. jnlv2-dlt-w4t which to a criminal .genre In wife may tw called re a wltaea. to pror. the whipping, bnt In all oUmt natten tha Uw there itandajntt Hit Mood before. The Sena tor from Maaaachusetts, In atwmptlng to ahow that tha Uw ol Georgia wm applicable ia thla care, made a rery rtngtoaa mtouke. How doe. It ttand In MauaehnwIU? By rel- •renceto th. MatntM at MaaMeharetu I Bad. Bnt, neither huaband nor wlfa ahaU bo ,1- towed to t—ally aa to pttrate commnnlcatlonl — seithff Tiftf obeawttnoMooany rtSW, 01 ^ J Ail minntactnrerx’ agent tor Oryttal and Scotch Granite, Vermont td Italia Maibloaxnl Whits Braun HoMMSlh Agnk leg XT. BmmbT? i wire Fencing, Vises sod Poanuins. Ian hataar pnaoirt now than croc to toiha Bnt dare work at reasonable petoao, and wUl tako punun In caning at Iha horawr or pn tigs wanting only flnt-daaa work. Now la the time to giro yonr orvldo fur fad delivery. Call on or writt to O. P. Heath* mi— an»kw3ra KENTUCKY Ik MIUTARYffi Vr INrT’TUTE r X ‘ lis"