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-I* THE WEEKLY CONSTITUTION: ATLANTA, TUESDAY, JULY 29, 188 L???TWELVE PAGES. SENATOR BROWN REPLIES TO REMARKS OF SENA TOR HOAR. Tolyramous Practice* of Utah-The Funlsh- tnent Which Should bo Znfllotod os Those Con victed of the Practice???The Puritan* and Slarery ???Other Matters. Thfi senate, aa In committee of tho whole, hav ing under oonalderatlon the bill (8.1283) to amend an act entitled *??? Au act to amend section . r >352 of the revUedstatutes.of the United States, in reference Martm f ?? r olilcr P ur P??*<V approved Mr. Brown said : Mr. President: Speaking of ray speeeh of the ... the senator from Massachusetts [Mr. Iloarj said In his reply. ???Certainly the logical result of the speech, if it has premises from which a logical result is to bo derived, is that po- lygamy is better than the lawful marrlugeof oue husband to one wife, aud that Mormonism is better than Christianity as the practical governing rule of a state." Now, Mr. President, this isau extraordinary statement earning from a person of the usual aceuracy of the senator from Massachu setts, aud I can account for it in only one way, and that is that he did not hear the first portion of my speeeh to which he was replying. I laid down the position that the constitution of tho l nited States protects every citizen in the free exercise of religion, aud that neither congress nor any other power in the United States has the constitutional right to pass any law abrhlgiug the freedom of religion or interfering with the most perfect freedom of opinion ou religious subjects. At the same time I laid down the position most distinctly that no one can practice Immorality under the cloak of religion and claim ithe pro tection of the constitution. I stated that the supreme court of the United States had decided, aud properly, that a person Indictedjfor polygamy of the Supreme Being and loro of fills character: towns; some were disposed of among other Indi- 14 years and upwards, at the rate of ???20 estate obedient love of tho will of God and zealous de- ans, to whom they were deadly enemies, as well ns ??? and females at ??14 estate, unless disabled by in votion to ills sorv???r*3; religion; sanctity." ! to ourselves," (Moore, page 5.) ' I flrmity.?????? (Ibid., page62.) When, according to the constitution of Massa- j ???Tho colonists of Massachusetts assumed to j ???One of the earliest legal cases where a mullatto chusetts, the law-givers of that state informing 1 themselves *a right to treat the Indians on the . was a party of which we have anv record In Mas lawsmitatdo %o in a spirit of veneration of the J footing of Canaanites or Amclfikites,??? and practi-1 sachusetts is noticed in the dairy of John Adams, Supreme being, in a spirit of love of U(s chnntc- | rally regarded them from the first ns forlorn and ??? It was In the superior court at Salem In 1706. Un- ter, obedient love of Ills will, aud zealous dero- wretched heathen, possessing few rights which { der date of Wednesday. November ft, he says: ???At- that Instead of tliccodc, simply were entitled to respect." (3 Bancroft, page 40s; ?? tended court; heard trial of on action of trespass Moore, page:??.) I brought by a mulatto woman for damages, for ???They exported Indians to sell for negroes. restraining her of her liberty; the first case (Moore, page 32." ... ??? ??? that I ever knew of the sort." (Ibid., page 112:) The colonist* of Massachusetts sold Indian pris- J "In another case the master protested th???? oners on public account, and tho treasurer in plalntliV was his mullatto slave, and said that he, giving an account ol his stewardship, has this . the master, was not held by law to answer, but for item: . , , , . , . . . .. I pleading the master said not guilty." (Ibid, ???Captive*: for one hundred and eighty-eight imgellu.) prisoners at war sold,*097.13." I ???A* in the preceding valuation* of the property The author say*: , I of their constituents, Indian* negroes and inul- ???Thcre is a peculiar significance In the phrase I latto slave* had been prominent article*, they which occurs in the record??????sent away by- the must keen on still in the old track. Indians, lie- treasurer.??? It means sold Into slavery. (Massa- I grocs and mulattocs must be considered as prop- ehusetts records, volume.'*; page 38; Moore page I erty." (Ibid., page Cl.) 33.) I ???Again, in 1,26 the assessors wore required to Anything to turn an honest penny, when King I estimate Indian, negro and mullatto slave* Philip, the great Indian leader, fell, his wife and j proportionately os other pcrsoual property. "(Ibid, son, the queen and prince of his great tribe, were j page 65.) taken prisoners*. Of their treatment that great j "Negroes,Indian*,and mulattocs were forbidden man, Edward Everett, says: h> serve as porters fu Boston, except they gave se- ???Wh.it wa*the fate of Philip???s wife and child? I curity. Their testimony was not received like a She I* a woman; he Is a lad. They did not surely j white raau???s in court. They were forbidden to go hang them? No; that would have been merciful. I to fires at night. They could uot bury their friends The boy is the grandson, the mother is the daug-1 after midulgnt or on the Lord???* day. Negro, In- ter-in-law of good old MacsatsoU, the first aiul | dian &ud mulatto slaves are forbidden to buy nny- best friend the English ever had in New England. 1 thing in the market lest it should cnhaucc price*. Perhaps???perhaps now Philip Is *lalu aud his war-1 (2 Elliott, 189.)" riors scattered to the four winds, they will allow | ???The law of 1703, chapter 4, prohibited Indian, his wife and son to go back???the widow and the 1 negro and mulatto servant* or slaves to Ik* abroad orphan???to finish their day* and sorrows In their j after9o???clock. "The law of 1705, chapter 6, for native wilderness. They are r* 1 '* ?????????***''*??? 1 **--?????**???- f ** * * West India slavery???an Indian , ????????????????????? |OTi IRPMIR child, Mild from the cool breezes of Mount Hope. I intercourse with whites, by selling them out of from the wild freedom of New England forests, to I the province.'. (It docs not tell what was to be gasp under the lash beneath the blazing sun of I done with the whites.) It also punishes any nc IB icrru'M ibs wiiibu niimi i the tropics; bitterns death, ay. bitter as hell! Is I gro or mulatto for striking a Christian, by whip- . ... . ;rv again who has according I there anything???I do not sny in the range of hu-I ping, at the discretion of tho justice before whom moral law been illegally divorced and who I manity???Is there anything animated that would I he may be convicted. It also prohibits marriage jen he remarries Is declared by the Divine 1 not struggle against this???? (Moore, pages 4:iaud4l.) I of Christians with uegroes or mulattocs. (Moore, Being to be nu adulterer. I ???The practice was to consider such tyue (the pages .Maud.'??.)" ' j * children of the slave mother) a* slaves aud the I Here you will observe, Mr. President, tliemulat- tion to His service. Now, Mr. President, the Su preme Being has said that divorce shall be granted for no cause except fornication. By my i amendment I liavo asked the senator form Mas sachusetts and other senators to act in obedience to that law of the Supreme Being aud forbid di vorce for any other cause wherever the United States have jurisdiction, ns well in all the territo ries as in the District of Columbia, and I Insist that the senator from Masssnchuscttsean not vote! against my amendment withoutn palpable viola tion of the very spirit of the constitution of his I owu state, which requires the law-givers for that people to practice morality aud exercise piety. fuse to pass a law preventing 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 of Columbia stand condemned npon the same moral grouml, why should the senator from Massachusetts seek stilljmoresevere, if need be. for the punishment of polygamy in Utah, if he will unite with scua tors for the passage of laws applicable to the Dis trict of Columbia and the territories which shall forbid n party to enuiotprotectbirnwlf by iilcacilng^hUrefigloiu ??? ??? lr ??? opinion that polygamy is legal. 1 stated distinctly Since our last discussion of this question I wa* I children of the slave mother) a* slave* aud the I Here you will observe, Mr. President, the mulct- that I consider the practice of polygamy grossly glad to sec that the general conference of the I property of the master of the parents, liable to be I toes come in rather thick; indeed they are seat- immoral. I stated that congress had already pass- I Methodist Episcopal church, in session at Phi la-1 sold and transferred like other chattel*, and a* | tered all along down through the history of Massa- ed law* which were now on the statute book, ilelphla, lias condemned illegal marriage*, and | asset* In the hand* of executors and ndminlstra- f -????????**- making polygamy a penitentiary crime, and that I ims passed a resolution saying that divorce should I tors." (Moore, page 21,) ?? , rV* ly the r0 . ,,r L wh # cn ft P cr80n ,n the I beconflned to the cause laid down by the Saviour I ???The Indians of Cape Sable, w w __ ??? who had never | for life were estimated a* other |H?rsonal estate. himself, and that alone, and ha* forbidden its I been in the least guilty of any injury done to New I-(Moore, paged!.)" '??? - marriage ceremony be-1 England, were kidnapped and sent off lo be sold. J Indian, negro, nml. mulatto rvants fora term tcnce the )>erty to penitentiary imprisonment I ministers to perform the Justaa thosentenreof the law Is imposed nn auy I tween parties who under ............. ..-.w , , . . . , ??? ???, other felon who Is convicted of the com minion of I to marry again. This I* a noble example set by I "The breeding of slaves was found not to be I poll*. (Ibid, page 64.) crime, * *toted that 1 had repeatedly denounced | that church; and I trust that the congress of the | profitable and not regard edw 11b favor. Dr. Belk- | ???it was enacted by the legislature of Mnssaclm- rema-king before I read that In that time could husband or wife be a witness agniii*t each other; they could in no cafe be com pelled to testify against each other: they were not to be failed. Parties to the record were not witnesses; parties who were Infamous or con victed of felony were not witnesses, Parties at tntercst were not witnesses. In n word, the old rale of evidence substantantlally that wo are all familiar with, obtained. In I860 the legislature of Georgia passed thla act: ???An act to declare certain persons competent witnesses, as In the act set out, and for other pur- Iioses." FRKAKBLK. ???Whereas, tho Inquiry after truth In courts of justice In often obstruefed by incapacities created by the present law, and It is desirable that fuU in formation as to the facts In Issue, both in civil and ciimlunl < ases, should be laid before the i??er- sons who are to decide upon them, and that such persons should exercise their judgment on the credit of tho witnesses adduced for the truth * testimony. ???Section 1. Be it enacted, Ac., That in all cases hereafter tried, no person offered as a witness shall hereafter be excluded by reason of incn|*icl- ty from crime or futerest, or from being a parly, from giving evidence, either in person or by de position. according to the practice ot the court. hi the trial of auy issue joined, or of any matter r question, or on any inquiry arising In any suit, action, or pnK'cedlinr. civil or criminal, in any court or before any judge. Jury, sheriff, coroner, magistrate, ollicer, or party, having by law or cm sent of parties authority to hear, reeelv and (-eiunino evidence; but that . |??er*on so offered shall bq, potent and compellable to give evidence on Be half of either or any of the parties to said suit, ac tion, or other proceeding except os hereinafter ex- ? ted. hat l* the general rale now. It repeals the old law of evidence and makes all persons, other than tho exceptions that follow. < > om|H>tcnt wit- made: Provided, That when tics to tho coutruct or cause of actlou in ou trial is dead, or pi shown to the court to be in sane, or wheu an executor or administrator is |M>lvgamv on this floor, and that all the prosperity I United States, within tho limits oi its jurtadic-1 nap says that negro children were considered nn I setts in 1786 that no person authorized by this uct and good conduct of tho Mormons could uot Jus-1 tion in the District of Columbia and all the terri-1 Incuftibmuee in a family: when * ...... tlfy polygamy. WIIt mw ^ father stated that as the law now stands we J and to all the |>eoplcof this Union. ;uuiuntuBo iu a iniini/ ; mn-u they were wean* I to marry shall join in marriage any white person torles, will by law set a like example to the Plates I ed they were given away like puppies. They were I with any negro, Indian, or mulatto under penalty ??? 1 '??????quently publicly advertised to bo given away I of ??80, and all such marriages shall bo absolutely ippoint the governor, the judges, the prosecuting I In the discussion of this question the other day I sometimes with the additional inducement of a I null and void. (Ibtd.pageoU.)' attorney, the marshal, and the clerks for Utah; I I confined myself to a living issue, to nn evil I sum of money to any ono who would take them I The inhibition applies not only to the negro and they are appointed because they are opposed which Is now prevalent, which ??? ?????? to polygamy; and that when a Mormon is put upon I said to be our great national sin. , ... , , ??? ... . ??? , r trial for polygamy, as the law now stands, no other I erences were to New England, not with any view I ehusetts to deny baptism to their slave*, and they [ not the only, oue In which this feature wa* ni>- Mqrmomcsu serve os a juror in the case unless he I of making an assault upon that section of the | pnictfwd sueh^enlal. aa appears Jrom the extract | piled to the negroes, nuilattoes and Indians m polygamy to escape before a Jury who have sworn I usbyNei that they do not believe polygamy to be right and I state of ti before a judge, prosecuting attorney,marshal and of New Ei.???.??....??..??.??.?? ??../ - - clerk whoaro sent there to convlet, who are a|>- I other bad points In he** history which might . these unfortunate creatures had ???/acuities" vain- . .uoniuq ...viw??..w n ??v . - .??? # ,pcrlor court I able to their owners, If not to themselves. (Ibid, by New England authors, to show the true I of Massachusetts that the child of a female slave I page 63.)" thlngs. a TdTd aot go back t<7the history | never married acconllng???to any one of tho forms I Here agal England and refer to any oi her evil or any I prescribed bj the laws oi the land, by another I And wnci I slave who had kept her company with her mss-1 tlonury war, Massachusetts banished the free nu- -j ???-- ??? ????????? w.m K ??. ww . miuiiy, which i* uib uim oi me mbh-. ??? "??????? ?? I vwumcreu. ur u?? me ??? imni niim-. niiu u under the laws of the Mormon church, but only I I am very sorry tho senator from Massachusetts I revcrouce entertained by the fathers IrrNew Eng-1 they failed to go after ten days??? notice, they were permissive; that the law as it now stands dis-1 [Mr. Hoar.] Is not In hfa seat, for I desire that he I land for the nuptial tie it Is safe to Infer that I liable to be punished In the house of correction for franchises a man who practices it, aud neither I shall hear the remarks that I am going to make. | slave husbands and wives were never parted. I a fixed time: and theu If they still failed logo they permits him to vote nor hold otllee, and 1 took it I However, it is a matter within his own discretion I ???The fathers of New England, also cherished n I were to be taken up and whipped, and If they for granted that-no young Mormon who isambi-|as to whether he will do so or not. I due regard??? I still did not go this punishment was to be Indicted ttous, and who looks to the future, will enter into I But. Mr. President, my friend from Massnchu-1 Hays Moore??? . *, I once every two months. Under this law a lengthy polygamy when the punishment would bo pent-1 setts In his reply, while he justly acquitted mo of I "For parental and filial duties and rcsponslbill* I Hit oi names is given of thoso who received tho tentiary imprisonment and disqiulificntion to I any purkmc to no injustice to New England, did I ties; yet It Is certain that slavo mothen and I notice snd were compelled to leave the state; and vote or nold office, or indeed to hold any public I uot think proper to confinu himself to the llvlug I children were separated Resting upon ??? the law I among this list who were thus banished from Mu.v ?? . : ... I issues of to-day, but he felt It his duty to go back I of God established In Israel??? tho Puritan could I sncliusctts I find the names of a large number of But while I took .this decided ground iu I aud disinter for exhibition the corpse of slavery, I have had no scruple, about this matter. Such a I mulattocs. (Moore, 22H aud 2VI.) favor of punishing and suppressing polygamy, 1 | which Is now one of the dead issues of the past. I a condition of master and slavemust have been re-1 Now, Mr. President, 1 think I lmvc shown to tho also took too position that we have no right to I Ho charges that 1 had for a large portion of my I garded as nu axiom, as it was by the Hebrew. Mr. I satisfaction of the senate, that Massachusetts was imnlsh any one under a charge of polygamy until V life supported nn Institution (meaniug slavery) I Palfrey's inference is not warranted by facts. | euactiog laws In reference to mulattocs when tho no is convicted by due course of law: that to lm-1 lying at the foundation of government which pro- I Bear In mind, Moore, the historian, says: I colony of Georgia was absolutely prohibiting pose upon him a test oath to prove his guilt is iu 1 hlblted marriage to a majority of tho people of my I ???It Is certain that slave mothers and children I .slavery. In Elliott???s history, volume 2, page 17m, vlnlatlnn *\r\t nn1?? ????f l.i ....... I ??-??? ' ??? ??? * -??? ??? -??? * ??? * * ???-wi mnamtiMl anil *liat Ml* Palfmv'l Infiirnni'O I ..... it ..Tl . I... /..t . violation, not only of fundamental principle, but I sbite. In that connection, however, he was a lit- I were separated, and that Mr. Palfrey s Inference I we flud the following: of the constitution of the United States. I Heat fault in bis figures, as slaves were, I believe, I was not warranted by tho facts when ho Inferred I ???in Georgia, slavery was positively prohibited Now, Mr. 1 resident, I still stand by the doc-1 never at any time a majority of the peoplo of I that the New England fathers did not separate,I (17:11]." trine of my speech. I say punish with penitentiu-1 Georgia, yet they forineil a largo minority of our I slave husbands ami wives In Massachusetts. 1 ??? I General Ogletliorpc said: ???Hlavcry isagalnst tho ry Imprisonment every polygamist who is legally I i??cnplc. But tuilam charged with having supported I Scots, Irish, Indians and negroes, when taken I gospel, ns well as the fundamental law oiEngland. convicted of tho crime, but punish nobody for I the institution of slaverymost of myllfe which pro-1 aa prisoners of war or kidnapped or purchased I virc refused; as trustees, to make a law permitting any crime until he has been legally convicted. I hlblted mnrriago among the slaves, it may not bo I with rum or other commodity, were considcrd | mch a horrid crime.??? When Massachusetts was Use no illegal or unconstitutional test oaths ns a I inappropriate, however unpleasant the task may I and treated os slaves. I making laws to punish mulattocs for intercourse means of ascertaining tho guilt of anybody, but I be, for me to make some reiercnco to the origin of I John Adams says : I with white people, banishing the mulatto without use all legal and constitutional means to suppress I slavery in this country, and to show who was re-1 "I lived for many years In times when tho prac-1 punishing tho whito, so far as tho historian tells 1 . * n, ??? punish the guilty. While we have a I sponsible for Its Introduction. As slavery Is now I tico of slavery was not disgraceful, when tho best I iw; when she was legislating against the umniiei- right to do this, wo have ifo right to undertake I dead in this country, it is certainly as proper for I men in my vicinity thought it not inconsistent I pation of inulattoes; when she was fixing the to suppress tho Mormon church or to put them I me to go back and refer to it* origin nml I with their character," (Adams' works 10,:wo.) I rate of taxation on mulattocs: when she was of- down as a sect or denomination. The fuel that I its early pmctlces ns ft was for the senator from I If there was a prevailing sentiment agniust sla- I fering mulattocs for sale in the market, Georgia they believe in ^polygamy famishes no jnstlficu-1 Massachusetts to Introduce it into this discussion | voiy In Massachusetts, as has been constantly I h ft d not a single mulatto within her limits, nor a tion for persecution or for their punishment. Tho I and refer to its practices twenty years ago. ???fact they practico it only a tiflcatiqu for severe ponal statutes, but makes It I whom It was Introduced into tho different states I extraordinary our duty to enact them; and while I am ready to I of the Union; and as fair an Illustration as any will I page 110.) support any law thatimnoses severe penalties up-1 bo found In tho history of tho two states, claimed of late, tho peoplo of that stato, far less I Have of any oilier character. But m all the other to try tho institution, and they yielded totheul- rottiiir.MnUicr. who was, a. prominent man and | hm-ments ofethc people of Massachusetts, and oth- tho lmp<)flitlon of illegal test-oathi, or the punish-1 New Engl md; now it will become to some extent I enslaving Indians, in the following paragraph ment of, nuy person ^ for any crime of which he I my duty to contrast tho slavery of Massachusetts I ???We know not when or how these Indians first I slaves to some of the West Indies, snd thesouthl I c??uvfctwl. I and Georgia. In doing this I shall quote from tho I became inhabitants of thla mighty continent, yet I g r n colonics, and I further showed that they raised we may guess that probably tho devil decoyed I slaves for the market os long as they fmyid it prof- these miserable savages hither in hope* that the I ft.iLlc. Then in purchasing slaves from Massiu-hu ... . | n - OT I I gospel of the Lord Jesus Christ would never come I l0 tts wc purchased a due proportion of mulattocs. ^^ 1* no worso than tho same I society of the stato of Massachusetts, which Is en-1 here to destroy or d sturb his absoluto empire 1 it s^.ks tbe proportion there was a very large one. practice-lain New England or in the District of I titled "Notes on tho history of. slavery in Massa-1 over them." (Moore, page 31.) . .. | and we got the mulatto institution ns wegot tho j wmbtotAud the penalty ought to be the same | ehusetts," and from Elliott's history of New I In 2 KUiott, )>*pe 181, we find it recited that#- I *luvcry institution from Massachusetts, by purs in both cases. I Euglaud. I shall first quote from Moore in sub-1 "Whereas James, tho servant and bondinanun-1 chase, wlicn we bought slaves from her. She wo* 1 have mid down tho doctrine, and I do not I stance as follows: I to Richard, hath had u desire to marry, snd Imv-I not careful about the color of tho slave???whether exepet to near it successful y controverted, that a I si.avkky in Massachusetts. I ing manifested tho samo to his said master who I he was a Scotchman, an Irishman, an Indian, a divorce grunted for any other enuso except that I "The Puritans in tbelr earliest code inado amnio I promises to buy a yokefellow for him, hut upon I negro, or a mulatto. The only question with her of adultery or fornication 1* illegal according to I provision for slavery, and added the conviction I somo consideration hath thought It better to make I whether ho would bring tho money, fihehcldi the Divine law, and In In violation of the express I that slavery was established by the law of God, I said James his servant, to servo him five years, I him as a slave, and she offered him for sale as a command of Christ himself. This authority doe* I and that Christianity always recognised ft as tho I without mnrrioge, than to nay ??30 for his liberty. I slave. When tho expulsion act of 1788 was passed not bind persons who deny that Christ Is tho I autccedcut;Mo??iac practice." (Moore???s notes on the I In other words, pay ??30 for a wife for him??? I expelling freo negroes aud mulattocs from Ma*sn- aonor God, and that tho Christian religion Is I history of slavery Iu 3Ias*achusctts, pages 105aud I ???Slaves who committed offenses were tried and I ehusetts, it might have seemed to some people a true and is whatj It professes to be. I admit that 1123-1.) I punished in tho.most rigorous manner. Phyllis, I Httlo unnatural to expel the mulattocs. 1 do not such person would not hold himself bound by I "Massachusetts held iu slavery Scots and Irish." I a negro woman, and Mark, a negro man, were I M y they were akin to tho people of Massachusetts.! this authority, but every Christian and every be-1 (Elliott's history of New Kugland, volume 2, page I susj??ected of iKilsonlng their master, Captain I a may have been that climatic Influence had rl . w n tho Christian religion must 11?J.) I f^Miinan, of Charlestown, Mass. They were put I changed their color until they boro a likeness to S6tl Donna by it. I ???Indians snd negroes were bought andfwdd with-1 on trial and convicted, and tho court sentenced I tho good peoplo of that state. Thu cold, blcachd Then, according to this authority,'every man I oat compunction by priest aud jojopto alike." I Mark to be hanged and Phylis to bo burned to I ing winds of Massachusetts, or some other cuusofl who puts away his wife by divorce and marries I (Ibid, page 180.") I death. On the day of execution they were both I bad very largely modified the ebony-llko color of another, except for the cause of foraication.com-1 ???Through all tho wars captive Indians were I drawn to the place of execution, attended by the I the African in that state, and had infused acorn- l mlU adultery, as bet 1* not legally divorced or I sold as slaves, and Indians were held as slaves I greatest number of spectators ever known on I pound of yellow, so that they were no longer call- separated from the fint wife, and us ho has mar-1 without compunction." (Ibid, pages 175 and 170.11 such occasion, where tUo former was hanged by I ed ncgrocA, but mulattocs. riedtho second and is living with hcrlnadul-l ???The people of Massachusetts made ram and I tho nock until he was dead, aftor which hi* laxly I After these mulattocs, whether naturally or un- terv he Is a bigamist or a polygamist. Hu has two I carried cargoes of it to Africa, and bought cargoes I aud tho latter burned to death." (2 Elliott, 187). I naturally, were expelled from Massachusetts, they ljvmg wives. He la neglecting his duty to the I of slaves for tho markets of the West I u desand I ???.Slave* were forbidden to bo ontau hour after I doubtlcwi took refuge In tho southern states, and testify iu his owu favor. ???Set. 2. But nothing herein contained shall run der auy person, who in any criminal proceeding 1* charged with the commlvdon of any Indictable offense, or auy offense punishable on summary conviction, competent or compellable, to give ev idence for or .against himself or herself, or shall render any person compellable to annwer an questiou tending to criminate himself or hcrseli or shall in any criminal proceeding render nu husband com|ietcnt or cnmpcllablo to give evL deuce for or against his wife, or any wife uompe- tent or compellable to give evidence for or against her huxband: nor shall any attorney bo compella ble to give evidence for or against his client. ???Sec. 3. Nothing herein contained shall apply to any action, suit or proceeding, or bill In any court of law or equity instituted in consequence of adultery, or to any action for breach of promise of marriage. * That I* tnc act of 18rtfi. Of this latter part the senator from Massachusetts undertook to make a change of the law of Georgia sons to permit Ims- baud aud wife to testify against each other, but when you notice the act altogether, the first sec tion change* theohl law and makes every l>ody com petent except those who are excepted tn the fol lowing section*. and one of the following sections ha* tho provision that I have Just read???that ???nothing herein contained shall apply to any ac- marriage." Therefore it left the law exactly as It stood before on that question, and provided that uothlngln the act should apply to those two eases. What was the law licfore that act was passed? The law wa* that neither husband nor wife could testify In any aotion concerning adul tery, and the law was that In an action for breach of promise of marriage neither of the parties could tcMtlfy. It leaves the law on thoso points exactly ns it stood at common law. In ca.-o of au action for adultery or either of the cause* mentioned iu that section the law staml* os It stood before. Nothing in the act contained shall apply to that, say* the legislature, and In case of nn action for * reach of marriage contract it leaves tho law pro- sely ns It stood before. 80 the Senator from Massachusetts is entirely naccurato when he says that tho law of Georgia ! ms been changed on that subject. Tho only m txl ??? mention of the law la that where the wife herself lie lnJured.pnrty,n*.for Instance in tho two of whipping, which Is n criminal offense in Georgia, tne wife mar bo called as a witness to prove the whipping, nut In ull other innttcra tho rnw there stands Just as it stood before. Tho sen ator froui Massachusetts Is attempting to show that tho law of Georgia was appllcublo in tho ca#o Hindu A very egregious mistake. How does it stand In Massachusetts? By what reference to the statutes of Massachusetts I find, first, neither husband nor wife shall be allowed to testify ns to private communications with each other; second, neither husband nor wife shall bo compelled to be a witness on nny trial upon any indictmentJcomplaintor other criminal proceed ing against tho other. Ho that neither Massachu setts uor Uoorgia permit* or ever has permitted or I presume over will permit the outrage against ???a.-ra-^r, in???to prohibit I ???The people of Maxuachsctts raised slave* for Hie I (ibid., page 189.) .... . _ I lattocs bear to the number of negroes In thatst till* illegal destruction of tho family in the Dis-1 markets." (Ibid, page I ???In 1*74 the slaves of Massachusetts sent their 11* much greater than the proportion in Gcor ??? ~ *??? If wo have I ???They were taxed like horses, oxen, cows, goat*, I humble petition to the governor, In which they I Doubtk** the wonderful effect of climate. If ??? ??? J **??? ???' *" ?????? ' ??? ??? *??? climate of MasNachusetts does not change, there . --. r | ??? ; .... nBumvuuum uu wuuwy, Miuuit, imn?? !.???-.> ??? ??<ccm* to bo danger that the pure African IiIinkI tion over Illegal divorce and illegal remarriages I ???Negroes were looked upon as agood dog is now. I Thbulidnot look like Massachusetts was pro-I will entirely run out, and tho yellow huo will tie iu the District of Columbia and the territories of I They were commonly treated with kindness, ?????*'**--*???*1??? 1 -* * ??? ??????* ??????* -*- ** ?????? the United Htatcs. My amendment provides that I hut were liable to abuso as dogs are." (2 Elliott,. ... w this system of illegal divorce which is now au-1 page 182.) . .. I In which M*??*achusetts took so promlmenta part, I upon tho color of tho African race that It has thorized by congress in the District of Columbia I Negroes were ad vcrtlsed for sale as wc now ad-1 Jonathan E.1 wards, the great New Kugland divine. I even followed them Into their retreat in the shall be abolished and the courts in granting an I vertlwe a horse or u cow, aud the newspapers of I state* that of tho 100,uuo slaves annually exported I milder atmosphere of the south. Absolute divorce Hmll Ijo confined to the one I the day contain such advertisements as these, I from Africa, 23,out perished before they arrived fn I About twenty-one or two years ago an fmmenMo cause which Is legal according to the Divine law. I which I should like the senator from Massachu-1 America, and that another 23,000 died fn tho ???sea-1 cold wave from Massachusetts and other northern The senator from Massachusetts says ho docs I setts, if he Imd remained in the hall, .to have I soiling.??? And that, including these and those I states liorc down upon the M>uth, envcloi>cd in not suppose I expect to raws such an amendment. I heard: \\ by not, Mr. President? I have a right to expect I "A likely negro wench and child to liesold. In- the senator from Massachusetts and every senator I quire of printer.??? "???~ ??????'nits the divine character of I "To be sold by iths of Christianity to vote I likely negro wench, . I expect the senator from I with all sorts of housework; is sold for no fault. Jrica, a hundred thousand human beings I hospiubleas the freezing winds of a .Massachu- were annually destroyed to support tho traffic.??? | ???etts winter. _ This cold wave rested four long Nomocnuseiis 10 vote tor it, iKfcause, if 1 am not | June 15, 17<:i." I traffic, and large fortunes were 1 misinformed, he believes In the truths of Christ-I Under the date of October, 1.1708, tho Ikwton I from its profits.??? (Ibid., page 2tf??.) anltjr, and because he professes to be greatly In-1 News-Letter has the following advertisements: I 80 much for slavery in Mossochi ??? . *- ** '* sanctity of the I ???A negro woman, aged about 31 years, to be I see for n moment how the free negroes snd free I since they left there. in Christianity I sold. Inquire ut inzitolllce Iu Corniiill, Boston, I Indians fared in that state. In second Elliott, I The census of 1880 docs ti a the marriage I and know farther." I page 1 find the following: I that the inulattoes bear fn slaves there. They have tercstcd In the preservation and sanctity of the marrisge relatioii. If he believe* ii ??? and desires to maintain Inviolate relation 1 can see no excuse he can have for voting against my amendment. October 11, same year: A11 Indian woman, aged about 30 years, to be I slaves fn their houses traffic, and^large fortune* were rapk am left there. I vo doe* not show tin* pro|mrtlon bear fn Georgia and Ma??sachu-I r Free Indian* or negroes who entertained any I setts to the black race; I do not find it in the to frapris-1 cen*u* of 1879; but In looking bark to the census Again, Mr. President, 1 presume the senator I sold. Inquire at the postotlice in C'oruhlli, Boston, I oument and whipping (1723) aim free nogroes aud I of I8C01 rTto Ah 'mjm * 'i mil UiKWIi'llllVtbl hits fiir llinm.n. I nml L-novi- liirfhor VnVi>inlit>r '*?!.l ??? I???* Kllitilt I Imll .i.u u-i.r.. i.i>??? ??? i??? I Ir.at.t n.ini. Timi' I ....... .. from Miuoachusetts has great^respect for the con- laud know further. November ZSd. 1 atltutlon amijlaws of bis own state, and if he carries | pages 1*1 and 182.) out here the requlremcnu of the constitution of * ??? Massachusetts he certainly can not vote against my amendment. were forbid on puollc days to sell any 1 Moore, in his Note* on slavery in Massachusetts, I drinks. They were com|??cIled to hind out page 70, says: ???Negro men, women, and children I children before they were four years old toi were mixed up in the sales with wearing apparel. I English master. If they received any stolcu d they were taken separately, and r Ut It. In ihfib Georgia, - or I was a slave state. What proportion t their I lattoe* bear to the negroes. know, ????? I iuuiiv- in-in v<?? m*r iir??nn j>, ?????? the black*. the . , # ??? some | census designate* them? There were In lWi??, ?????????- ^ ~ I weremixe<i up in me wuen wun wesrnig apparel. I English master. If they received any stolen goods | cording to the census, 425,208 blacks and ;WJW0 part 1, article 3, of the constitution of I gold watches and other goods;" and he then gives I they were to lie whipped and Uulshed, and it I mulattfaw, being a Rule almve 8 per cent of the Massachusetts it is distinctly stated that the h*p-1 s|weimens of advertisements as follows; ???Very I they retunic*! were to be imprisoned for life. If I colored nu-e in Georgia who were mulattoe* in U piness of a people and the good order and preser-1 good Barbados ram Is off- red with a young negro I convicted of theft, they were to be shipped off I txfio. Now, how did tne count stand iu Ms??*a-i ration of a civil government essentially depend I that has hail the small-pox;" ???Competitors offer I beyond sea." I ehusetts? Iu MasiiachUM.dt*, at the same period, upon ???religion, piety and morality." I likely men aud women. Just arrived;" ???Negro I H*> mat the fate of the free negroes and Indians I there were 8,531 blacks and 3,1171 mulattocs, being I If the good order of a civil goverament depends I men, new, and negro boys who have been in the I In Massachusetts was little better than that of the I almost SO per cent of inulattoes in Massachusetts upon morality, it mav be proper to Inquire what I country sometime;" ???And also Just arrived, a I slaves. If the marrfag* relation was recognized I as i*rniiiare*l with the whole numlier of blacks, Is morality. One of \\ebster s definition* is ; ???The I choice pare*el of negro lioys and girls;" ???A likely I among them the of&priug were cruelly taken I and oniv a little over m |>er cent fn Gcrtrgia. 8qj - - r -???-???I from the father and mother before they were four I much for slavery in Ma>sacbtiM-tts and Georgia] conformity of an act to the divine law or to the I negro man. born In the country and bred a farm- If principles of moral*." Aud one of the definitions I er, fit for any service;" ???A negro woman, about I years of age and bound to an EnglUh master. In I and'so much for'the origin and existence of ntu- of the word ???moral??? is: "Conformed to the I 22 years old, with boy about ft months," etc.; ???A I ??** * * u -???*-" J '' ..1. x- ??? ??? * I Him IICKIU ??<???III.ill, BIIUU, W IHIIII'I ??? 'IIHin *?????.- I of about (7 months of age, to l??e wild together or I master*. Now, Mr. PresMent, a few word* in reply to I apart;?????? and ???a lively uegro man taken by execu-1 This wat slavery In Massachusetts. Neither sla-1 another part of the speech of the honorable sen- I tion, aud to be said by public suction at the Royal I very in Georgia, which I supported for a portion I ator from Massac!)usett??. He stated f 11 substance ??? Exchange tavern in Klug street, at six o???clock this I of my life, nor any other slavery, even of the I the other day when this question was last under rules of right or to the divine law respecting so-1 Ilkelv negro woman, about 19 years, and cialdutfes. ??? ??? . . -* - * ??? If, theu, wc apply the principle^)! morality to my amendment they would require that the law of congress as we may enact it be made to conform .... .... v ?????? V |P IM |HOT |OT to the divine law respecting social duties. If so I afternoon." ??? I dork ages, was ev(p more tyrraninsf. venal and op-1 discussion tliat the laws o* Georgia were suhstan- we must forbid divorce for any cause exceot for- I Again, 2 Elliott, page 178, the following odver-1 prtsslve than the slavery of Itassachesctta. I Hally the same as the Utah bill in reference to nicotian, because the divine law on the subject of I tiseraent: ^ . I mi lattoe*. I the right of hmlsuid and wife to testify against social duties distinctly declares that divorce shall I ???Just imported from Dublin, in the brig Derby. I But my honorable friend from Massachusetts I each other in criminal case*, or their obligation be granted for no other cause. In part I. article I a parcel of IrUh servants, nren und women, gind I did not confine himself to the allegation that I I to do so. The senator hs* grossly miMtabxl the 18. of the constitution of Massachusetts I find the I fto be sold cheap, by Isreal Boardmau.of Btfcm- I ha<l supported fora large part of my life an instl* I law of mv state. I will uot ray intentionally, for following language: I ord, January 5,1574.'??? f tution that did not rec<ignixe the marriage rehi* 11 think tne tiook was hande<l to him 011 the spur ???A fre-iueut recurrence to the fundamental I These may serve a* specimen advertisement* of I Uou, but he also called attention to the further I of the moment, and he probably had not time to principles of the constitution, and a constant ail-1 slaves In Mas*arhu-ctis for sate, and it will be I fact that there was a large number of mulattocs I examine It carefully. The only fault I find with herence to those of piety. Justice, moderation, I seen that the slaveholders of that good old com-1 fn the south to be accounted for. ' I him Is that he did not examine it before be made temperance. Industry and frugality are necessary ( monwealth were In condition to accommodate and I Now, Mr. President, I have never claimed per-I the assertio fito ??? to preserve the adrautage* of liberty and to mafa-1 were very arcommo??lating fa purchasers. They I lection for the south. Human nature exists there I bill that ht . tain a free government. The people ought constant-1 could sell you an Irish slave or a Scotch slave, an | as It does everywhere else, and 1 shall not claim I own state? It read* os folios*: ly to have a particular attention to all those princl-1 Indian slave or a negro slave; they could sell you I that the people of the south are entirely free from I ???That In any proceeding snd examination be pic* In the choice of their officers and representa-1 k ninn or a woman, or they could sell you a I human passion. But, having shown where slav-1 fore a grand jury, a judge, justice, or a United tfvesandthey have a right to re<|ufre of their law I mother with a child 6 mouth* old. to he sold to I ety came from when it InvMed my state, I will |8Utescommb??loner,oracourtIn anypro-c-eutlon givers and magistrates an exact and constant ob* I gether or apart a* it be*t suited the purchaser: I now try fa account for at least a portion of the I for bigamy, polygamy, or unlawful cohabitation, servancc of them i 11 the formation and execution I and they could sell fa one per>on the father of the 1 mulattocs. And sgafn I state I very sorry the Hen-1 under any statute ol the United htates, the law- of the laws necessary for the good adminbtratiou I child, snd fa oiiother (K-raon the mother, and to I afar from Massachusetts is not In the chamber to I ful bn*band or wife of the |ien??n accused shall of the commonwealth." I a third the child itself, which was held to tie le-1 hear the remarks I make on that subject. In order I be a competent wftoaai, and piay Is* called and Here the practice of piety, among other virtues I git I mate If the master consented to the intercourse I fa do this it will tie neccwianr for me again fa refer I may be compelled fa testify In suchrmceeding, Is absolutely enjoined upon the law giver* and | when the parties were never married. And they I to the history of Massachusetts. I will here I examination, or prosecution without the consent magistrates of Massachusetts by a famUmeotal I sold uegroes ???taken by execution" for the pay-1 quote a few passages from that history; | of the husband or wife, as the case may be. constitutional provision. And In the formation I meat of the debt* of the owner. This showed a I "The law of I7W, chapter 2, was fn restraint of I That Is the first section of the pending UU. and exeentfon of the laws necessary for the good | very libera! commerce fu slave property fn Ma**a-1 the manumission, discharge or setting free of mu-1 The senator from Ewa^letU Insisted that tho administration of the commonwealth they are to j chu>ctU. Anything the purchaser wanted fn that I latfa or negro slaves??? 1 * * be governed by the principles of piety, justice, [ line be could get for themouey. I (Moore on Hlavery in Msssachusetta, page 33.) moderation, temperance, Industry, anff frugality. { Hubbard, the contemporary historian of the In-1 ???In 1694 all negroes, mullattoes??? There is to be a constant adherence fa these prin-! dlan war*, say* of these captive*: I Yes, ???mullatfaea" U the word??? Whnt fs the reason, Mr. rrcshlcnt, for this ex clusion of huslmml nml wife, and thlsdcnlnl of the right to compel them to give evident* against each other! I will read from a distin guished Massachusetts author as to the jmllcy of the law on that subject. Air. Grcenleaf, of Massa chusetts, Iu his first volume on evidence, section ???For It is essential to tho happiuess of social life that the confidence subsisting between husband und wife should bo sacredly protected and cher ished In its most unlimited extent, und to break down or linimlr the great principles which protect the xancilty of that relation would lie to destroy the best ???olaco of human existence.??? Ayaln^he says: dutt there ,??? s . ???...... dcnco lictwccn husband and wife, aud thiscnnfl iIcncc tho law aocures by providing that It shall bo kept forever Inviolable; that nothing sliull bo extracted from the bosom of the wife which was conilib-d there by the husband. (First Grecnlcafs Evidence, section 251.)??? Again ho says: ???But the object really la fa secure domestic hap piness bv placing the protecting seal of tho law uitonall confidential communication* between the husband and wife, and whatever has come to the knowledge of cither by means of tho hallowed confidence which that relation inspire* cannot be afterward dlvulgcrl In testimony even 1 hough tho other party ??*e no longer living. (First Urcuiilenf'a Evidence, 337,)" .... | .??? __ t which affccta the confidence nml happpiuss, and, as Grecnlctifsays, tho greatest so lace of human existence. ft J* pro|M??cd, Iu tho wild mailncss, In tpe fanaticism that now rales the Mormon question, fa break down all these sacred barriers that protected the family for so long a lime from the earliest period of English history ami fa apply a rule that has never been applied between husband and wife *0 faros I know fu a civilised country, that In proceeding on In dictment ugalnst one of the parties for ndul tery or Idgnrny the other, out even being surnmoneil, inny arrested sml carried Into court ami compelled to testify. Tho pretax there Is that we arc hgl-lntlng fa innko happy homes In Utah. Theargumcut fs that we are legislating fa suppress polygamy and Pi have one husband fa one wife. Pi make that homo s happy one. If Mr. Grcenleaf lie right as Pi the objects and aim* of civil society and the objects of NO POISON IN THE PASTRY IF <s.Wta> EXTRACTS "CTSEaD. urally ns the fruit from which they are made* FOB STRENGTH AND TRUE FRUIT FLAVOR TIJEY STAND ALONE. Price Baking Powder Co., Chicago, III. ^ si. Louis, Mo. Dr. Pries's Cream Baking Powder -axe??? Dr. Price???s Inpiilin Yeast Gems, Best Dry Hop Yeast, rOIS GALE DTT O-ROCEItS. WE MAKE HUT ONE QUALITY. BLOOD And lt??unparallelednbu.eii,arc lull,and Irmlf dlaouued in a neat 32 paito Iiook, moiled free to any addren, by fllwnl Halm Co??? Atlanta, (la. Drop a postal for It, aa every man andkwn- uau neoda It and will be delighted with Ita valuablo aud entirely now revelation.. SMALL VOICES Sometimes shake a Nation of peoplo and nrousw them to action. Expressions similar to the fol lowing, from a well-known Druggist of Atlan ta. pour in from icctloui where B. B. B. ha?? been used. Atlanta, Juno 12,1m. It is our firm belief that B. B. B. Is tho warr Blood Purifier on tho market. We are soiling four or five bottles of it to ONE of any othor preparation of the kind. It ho* failed fn no instance to givo entire satisfaction. Merit ia the secret. W. P. SMITH & 00., DruggW. Till, la Iho only blond medlclno known tlml combines quick action, certain effect, cboap price aud unbounded satisfaction. WE PROVE That one single bottle of B. B. B. will do ns much work in curing Illood Poisons, HkIn Af fections, Scrofula, Kidney Troubles, Catarrh and Rheumatism as six bottles of any other preparation on earth. Ono fiO-ycar-old chronic ulcer cured; flcrofulR of children, cured with ono bottle. Blood Poi sons cured with it few bottles, n never fails.. We hold homo proof In hook form. Bend for it. 1.R rgi* I'Mltlr for SUM, sit for ??V???X>. Expressed on receipt of price, if your Drug gist can't supply you. Address BLOOD BALM CO., Atlanta, Go. tu th sa mi wky nx rd mat destroy of the borne i Vcpei thc ttataniciit that the state of Georgia ever has or ever will pass such unwfw and out rageous laws. I am glad to see that the state of Massachusetts never has p.u*cd such a law, ami I know of uo other state In the nn Ion that has. ft would be Iniquitous and it would lie monstrous. There are other points. If I bad the time st pres ent to follow the senator from Massachusetts, that I should like to notice. I should like to point out t ic absolute confiscation of church property that fs provided for fn this proposed art under the section that be refers fa when he speaks of the amendment of Itfs bill. I think It certainly needs amending, but I ran point ont that under a differ ent section, which I will do as we go along, for I propose to tty fa amend it. As ft stands It amounts fa abaotiifacorifbciition of church prop- eatjr fn open and ratable violation of the constitu tion of the United Ktatef. However, Mr. President, J do not desire fa say more at present. After my amendment now be fore the senate is acted upon I shall hare some other amendment fa introduce, wnen these sub- Jeota may come up more appropriately. Saloon Keepers Sued, Cix* ijInati, July 22.???Four hundred and two saloon keepers were sued yesterday for one hun dred or two hundred dollars each, according to the kind of liquor sold. This action wat brought aootil by the failure of over 2JWU saloon keepers to pay lor their annua! licenses under the provis- ons of the Scott law. I law of Georgia was substantially the *ame. | fore I take my seat I mast show that be gmady I misstated the law of Georgiaon tbatsubject. The taw of Georgia was the same salt was in mostc' piety r* The Inrrenslng Importance of New Orleans. The rapidly Increasing Importance of Now Or leans. as not only a buslneM center lait of social and Intellectual development, is foreshadowed In the magnificent preparations being now perfected for the Great Industrial and Art Exposition fa be held there this aalnmn. The managers challenge the grandeur of the Centennial Expodtiou at Philadelphia fn 1876, and no visitor or exhibitor will neglect thcqppo..???... before and during UkC exbibl lo the honorably managed I tery, the next draw lug of wl ff he (s wise, both time, to ???Veneration or reverence Of the females, some were sent fa the English " negroes, mu a Htatc u>t- take place call be hud A Speedy and Painlese Cure for the Opium or Morphine Habit. Cure Guaranteed. A dJftta ^ 1U.DREWRY,AU GUI FIT No CIA, MOTHERS??? FRIEND f NO MORE TERROR! NO MORE PAIN! NO MORE DANGER! To Mother or Child! The Dread of Motherhood Transformed to HOPE AND JOY. This Invaluable prepara tion is truly * triumph of m'(entitle mW111, mid no Hit.re IlM'hti rniiMe Im im II*. was ever bestowed on tho mother* of the world, o??Jtnot only shor eo?? the rime of tabor and les sens tho Intensity of pain, but.better limn all,It great ly ulininlshcs the dengoe to life of both mother and* child,and leave* the moth er In a condition highly favorable to speedy recov ery, and far Icm liable t<> flooding, conviiMon*. nml other alarming symptom* incident to lingering and painful tabor. It* truly wonderful eff.mey fn thta resfieet entitles tin Kit*' Friend to ??? aa ono of tho appl lance* glv world by the dll Mo -saving fa the TO SufTeriDZ Woman. in-. I. l-l -??? If From tho nature ot tho m>e it will of count bo understood tbatweeansol fiublisb eertllleate* ran- Ml Lit rnw out W oundlng the delicacy of the writers. Vet wo have hundreds of such tea- tlinonlals on file, and no mother who ha* once used It will ever again bo with out It In her tune of . trouble. A prominent physician lately remarked to the proprietor, that if it were admissible to make pub lie the letters we receive, tho "Mothen* Friend" would outsell every remedy on the market. I most earnestly entreat every female expecting to be confined 10 use Mothers Relief. Coupled with thta entreaty I will add that during a long obstetrical practice (forty-four years), I bar " I* ??? '* and qu UKH. M. u Atlanta, > Our Treatise on ???Health and Happiness 0! Wo man" nulled free. BRADFIELD REGULATOR CO., Atlanta* Gh. BITTERS, _ _ __ .*???????STCSki w. rrpmMi.'ni, 3:11 atst 61 MltOADUTAX. JT. r.