About Tri-weekly Sumter Republican. (Americus, Ga.) 1865-1867 | View Entire Issue (Nov. 17, 1866)
Iti-WoWs figpublttan, Americus, Gra., C. w. HANCOCK,’. Editor and Proprietor. Saturday, Nov. 47, 1866. Report oil tlie Constitutional Amend ment. READ IN THE SENATE, NOV. 9XII, 1806. Your Committee luive serious doubts as to the propriety of discussing the proposed amendment to the Constitution of the United States. They are presented without the au thority of the Constitution, and it oc curred to us, that the dignity of Georgia might be compromised by a considera tion of the merits of the proposed amendments: the proper course would bo to lay them upon the table, or indefi nitely postpone their consideration with out debate. We shall depart from this course only so far as to give the reasons which, to our minds, forbid discussion upon the merits of the proposed amend ments. The argument resolves itself in to a few simple propositions. Ist. If Georgia is not a State compo sing a part of the Federal Government, known as the Government of the Uni ted States, amendments to the Constitu tion of the United States are not prop erly before this body. 2d. If Georgia is a State, composing a part oftbe Federal Government known as the Government of the United States, then these amendments are not propo sed according to the requirements of the Federal Constitution, and are pro posed in such a manner as forbids this House from discussing the merits of the amendments, without an implied surren der of the rights of the State. In discussing these propositions, we shall endeavor to establish, Ist. That Georgia is a State of the United States, coequal with all the oth er States of the Federal Union, and therefore,"entitled to all the rights and privileges of any and every other State, under the Federal Constitution. 2. That the amendments have not been proposed in either of the methods required by the Fifth Article of the Constitution. We do not propose to discuss wheth er any political organization except a State of the Union can constitutionally consider amendments to the Constitu tion, because by the fifth article, propo sed amendments become a part of the Constitution of the United States when ratified by the Legislatures of three fourths of the several States, the one or the ot her mode qf ratification may be proposed by Congress. With t-hio cita tion we shall dismiss what seems to us a self-evident proposition—ls Georgia one of the United States —might rest upon the fact that the Constitutional amendments proposed have been sub mitted to the Legislature of Georgia .for ratification or rejection, hut in view of the fact that the Itadical party now dominant at the North, recognized the status of the seceding States, as States whenever such recognition is necessary to a surrender of rights, and denies the proposition whenever the recognition is essential to their maintenance. It may not be out of place to recur to the histo ry of the Federal Government in order to define the relation of Georgia to the several States of the American Union. Neighboring States certainly have no inherent right to control the political condition of each other. This being the pace, thirteen States, formerly colonies of Great Britain, formed a political al liance and established a Government called the United States of America.— Georgia was one of the original thir teen ; certain political powers were del egated to the General Government, and certain other powers reserved to the States respectively. The delegated pow ers were expressed in a written instru ment called the Constitution of the Uni ted States, and the power of the Gener al Government to legislate in any way upon the interest of the several States composing the Union, is derived from that instrument, either by express grant or bv necessary implication. (Georgia was clearly a State when the Union was formed, for she was one of the original thirteen States by whom the Government was created. Georgia, then, being one of the original States, never ceased to occupy that relation to her sister States, unless by the Constitu tion, (either expressly or implication,) she has reserved to herself the right to secede, or vested in the Legislative or some other department of the Govern ment the right to reject her. Did Georgia have the right to secede ? Georgia supposed that when the Gener al Government ceased to answer the purpose of its creation, she had the right to secede, and did in fact cndeavoi to withdraw from the Federal Union in conjunction with ten ofher sister States - The remaining or non-seceding States declared the Union to be perpetual and indivisible, but failing under the Con stitution to find any power to coerce a State, Congress resorted to the Bth sec tion in which the Legislative powers are defined, wherein the power is given to the Congress to “suppressinsurrection;” iind, on the 29th of July, 1861, passed an act entitled an act to provide for the •suppression of rebellion against and re sistance to the laws of the United States, and to amend an act passed February -J2 8, 1795, Under this and similar acts the milita ry power of the United States was call ed [forth designedly not against the ( States, but to suppress insurrection by, the people within the States. The Uni ted States Government uniformly refused to recognize the acts of secession as, Plate acts, but treated them as the acts. of 1 insurgents rebelling against the au thority of the States and of the United States. Under this political aspect of life case, tio war icas ever declared by Congress (which is the only power that could declare war) because a declaration of war would have recognized the prac tical right of secession. The war would have necessarily been declared against tlie Confederate Govern ment as a foreign power, and the rela tions which the States composing the Confederate Government, would have been to the United States or remaining States, when conquered, would have been entirely dependent upon such terms as should be embodied in the Treaty of Peace, which might lie made between the two contending powers. Instead of recognizing secession and declaring war, the Congress of the Uni ted States passed the Act referred to for suppressing insurrection whenever,in the judgment of the President, the laws of the United States could not be enforced by the ordinary course ol judicial pro ceedings. How long did tlie power of the Pres ident continue to employ the militia of the several States and the land and na val forces of the United States ? So long as tlie cause which called it into existence continued, and no longer. — What was that cause ? This Act, and all Acts passed by Congress on the sub ject, declares that it was to suppress an insurrection when it should he so formi dable that the laws oftlie United States could not be enforced by ordinary judi cial course, and this fact was left to the judgment of the President, whose duty it is to see the laws of the country exe cuted. The President, by Proclamation, lias declared tlie rebellion suppressed, that Peace reigns throughout the United States, and that the laws can be enforced by ordinary judicial course. In other words, that an insurrection did exist on the part of a portion of the people of several States of the Union, that the in surrection has been suppressed, and the whole people of these States are now (as a portion of them always have been) ready to render obedience to the laws of the Union No treaty followed the suppression of the insurrection, because a Government does not treat with individuals, and the Government of the United States thro’- out tlie whole of this contest has refu sed to treat it as a contest with the States, and again, because the people hitherto charged with being ill insur rection, were citizens of States already bound together by a compact known as the Constitution of the United States, which has never been abrogated or over thrown, and has lost none of its vitality by an unsuccessful attempt to overthrow it, and which is, therefore, now tlie su ; preme law of Georgia. By virtue of its power, the Congress of the United States, acting upon the theory of the Ln ; divisibility of the Union, treated the ■ State as a state in the Union. Tlie 2d i section oftlie article of the Constitution which declares “representatives and di rect taxes shall be apportioned among the several states which may be included within tlie Union, did, on the sth day of August, 1801, pass an act “that a di rect tax of twenty millions he and is hereby annually laid upon the United States, and the same shall be apportion ed to the states respectively in the man ner following : The State of Georgia, $554,367 for, and a proportionate amount to each State and Territory of tlie United States, distinguishing as the act States from territories ; and on the 13 th of July, 1802, bji an act to amend the judicial system of the United States, the dis tricts of Soutli Carolina, Georgia, Ala bama, Mississippi and Florida, were con stituted the Fifth Circuit oftlie United States. There are several other acts passed during the rebellion, deriving all their force from tlie Constitution, wherein it denies the legislative power of Congress over the Slates in the Union, and which, but for the fact that these States were regarded as in tlie Union, would have been wholy inappli cable so them. The whole theory adop ted by Congress and the Executive and maintained throughout the entire war, was this. The Union is indissoluble, the practical relation of tlie States to tlie Federal Government is interrupted by a rebellion. The whole power of the Government must be used to sup press the rebellion, that the States may be restored to their practical relations with the Federal Government. Had the people in the disaffected States re turned peaceably to their abodes under the first proclamation, the States would have been immediately restored to their practical relations and the result follow ed whenever the President declared tlie rebellion suppressed. Whenever tlie laws could be enforced in the ordinary judicial course, the Union was restored and the Constitution proclaimed the relation of tlie States to the Federal Government, rendering legislation on the subject by Congress not only unneces sary, but unwarranted. We have thus endeavored to show that the right to secede is denied by the General Govern ment, and its construction has been maintained by the sword, and is sub mitted to by all the States. lias Con gress the right to eject a State ? The power of legislation are defined in the Bth section, and no power is given to I Congress to legislate a State out of the I Union. And, while by the 3d section i of the 4th Article, Congress may admit | anew State formed out oftlie territory | of the United States or foreign territory, there is no clause of that- instrument by which Congress or any other pow 'or can transform a State into a Territo ry. Then as Georgia was one of tlie original thirteen States which formed tlie Union, and could neither withdraw from it nor be legislated out of it, her Federal relations were only suspended during the rebellion. She must neces sarily continue to be one of the United States, and as such her relation to the Federal Government and to her sister States is defined by the Constitution of the United States. And this relation cannot be changed, nor the terms of the Constitution altered in any way, except in one of the modes provided in the in strument by the States themselves. 2d. Are these Amendments constitu tionally proposd ? By the Fifth Article of the Constitu tion of the United States, two modes are presented for proposing Amend ments—one by application of the legis latures of two thirds of tlie States to Congress, the other by a vote of two thirds of tlie Congress. If proposed they become amendments when ratified by the Legislatures of three-fourths of tlie several States, or by Convention of three-fourths oftlie States, as the one or tlie other mode of ratification may be directed by Congress. Have these Amendments been proposed by two thirds ot the Congress of the United States ? Georgia in conjunction with her sister States, by the first section, first article, of the Constitution, declared that “All Legislative power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The Second Section prescribes the mode of electing members of Congress, and declares that Georgia shall have at least three members of the House of Representatives and two Senators, and that her Representatives shall he ;n --creased from time to time on a certain basis therein named, upon which basis of representation she is now entitled to seven members in the Representative branch. By the Fifth Article it is pro vided that she shall never be deprived of her equal suffrage in the Senate with out her consent. Then by the Constitution of the United States, in virtue of which instrument alone has the Federal Government any right to interfere with her external or in ternal political relations,the Senators and Representatives from Georgia form an integral part of Congress of the United States. The same reasoning applies to the other ten States whose practical relation to the Federal Government were for a time interrupted; they were like Georgia—either original States by whom the Government was created, or States since connected upon terms of equality, under rule prescribed by the original. 3d. During the war Congress could be constitutionally convened without the Representatives of these States, be cause they were voluntarily absent, and the States failed to elect Representatives. It was for this reason that the Amend ments abolishing slavery were consti tutionally proposed, and in ratifying them Georgia yielded to no political principle ; a material sacrifice was asked of her, and she laid it as- a- peace offering on the altar ot our common country. Since the organization of the State Government, Georgia has elected Sena tors and Representatives ; so has every other State. They have been arbitrari ly refused admission to their seats, not on the ground that the qualification of the members elected did not conform to the fourth paragraph, second section, first article of the Constitution, but be cause their right of representation was denied by a portion of the States having equal but not greater rights than them selves. They have in fact been forcibly excluded; and inasmuch as all legisla tive power granted by the States to Congress is defined, and tnis power of exclusion is not among the powers granted expressly or by implication, the assemblage at the Capitol of Rep resentatives from a portion of the States to the exclusion of the Representatives of another portion, cannot be a Consti tutional Congress, when the Represent ation of each State forms an integral part oftlie whole. This Amendment is tendered to Geor gia for ratification under that power in the Constitution which authorizes two-thirds of the Congress to propose amendments. We have endeavored to establish that Georgia had a right, in the first place, as a part of the Congress, to act upon the question- Shall these Amendments be proposed ? Every other excluded State had the same right. The first Constitutional privilege has been arbitrarily denied, and therefore the second should be promptly declined. Had these Amendments been submit ted to a Constitutional Congress, they never would have been proposed to the States. Two-thirds oftlie whole Con gress never would have proposed to eleven States voluntarily to reduce their political power in the Union, and at the same time disfranchise a large portion of. the intellect, integrity and patriotism of eleven equal States. Had they been Constitutionally pro posed, even then the Legislature of Georgia, acting for itself, never would or it never will, ratify an Amendment by which the State will be shorn of political power and a portion of its best citizens branded with dishonor. If we have been successful in estab lishing our premises, the conclusion necessarily follows: That Georgia can only act upon this question as a State—one oftlie members oftlie Unite! States Government; that 1 as such State, these Amendments are not properly before her, not having been proposed by a Constitutional Con- i gross; and to act upon them when! proposed in any other way would be! to participate in setting aside the Con stitution, and to establish a precedent that the mandates of the Constitution are subordinate to the will oftlie Feder al Legiflaturq, The evil is directed to l . -V i' - K Xw? Georgia to-4ay; to-morrow in some other State, when anew party obtain power. It Was directed with equal force against Stateß now free from its influ ence. 'j In recommending that these Amend- be rejected for the | reasons statodj your committee are animated by no captious spirit.. If material sacrifices were demanded to promote harmony, Georgia would in the future, as in the past, stand ready to make the offering ; but, ill the opinon of your Committee, the Btale should not yield her Constitu tional rights, even though her citizens may thereby have to endure further privations. Individual wrongs will pass away with time ; but the overthrow of the Constitution is an enduring evil. If need be let us wait and suffer ; bnt let history teach the lesson that under the Constitution, the States of the Union are coequal, and that any war made to per petuate the Union in its utmost success, can only maintain the States in their original relation to each other. B. A. Thornton, Chairman Senate Committee. John J. Gresham, O. L. Smith, George S. Owens, Janies S. Dickey, R. M. I’arris, \V. A. Lanier. R. A. T. Ridley, Chairman House Committe. R. J. Moses, W. A. Mclfougald, J. A. McWhorter, James P. Dozier, H. L. French, T. B. Cabiniss, J. A. Glenn, W. Maddox, T. W. J. Hill, John Dodds. grw Ailmtiscmcuts. Proceedings ol City Council. _ COUNCIL CHAMBER, October 29, 1866. REGULAR MEETING. Present—Mayor Furlow, Aldermen Addcrton, Ansley, Brown, Lewis and Smith. Absent —Aid. Hay. Minutes of last meeting road and confirmed. Reading of Information docket dispensed with On motion, Finance Committee were granted further time to report. After suspending the rules, the .following res olution was adopted : Resolved, By the Mayor and City Council of Americus, That the purchasers of lots in the cemetery be required to pay the costs of stamps for deeds. Aid-Brown, Chairman of Committee appoint ed to settle with Dr. Head, asked that tlie Com mittee be discharged, which, on motion, was granted. ' Aid. Brown moved to appoint a committee to bring suit against Dr. J. B. Head, which, on mo tion, was carried. Aid. Smith moved, that Aid. Brown be em ployed to bring suit against Dr. Head, which motion was carried The reading of Marshal’s report was, on mo tion, • dispensed with, and the MarslAjs re port was ordered spread upon the lnmutT^ On motion of Aid. Smith, the Street Coiwnit tee were empowered to act in relation to ®kii ing a street through from the street past the Methodist parsonage to College street. Council adjourned. T. M. FURLOW, Mayor, j John Tiner, c. c. nov 17 It. J COTTON PLANTATION FOR SALE. A BARGAIN IN SCHLEY COUNTY Ten Miles from Americus. WIT 1 (if ACRES, 365 cleared, balance in JU / J wood. Residence with 8 rooms, Din Hoiwe and screw, in perfect order, servants cabins, Ac. Title warranted. Possession given immediately. As good land as any in the coun ty. The place can be purchased’ with Stock, Corn, Fodder, Potatoes, Household Furniture, and cvervlliijig ready Logo to work. Apply to CHAS. T. GOODE. £ nov 17 w3 w * Att’y at Law, Americas, Ui. Tfc.cs, J. Flint, WHOLESALE AND RETAIL DEALER IN «, BUS \ CISIY-fffi, HOUSE FURNISHING GOODS, Mulberry St., Opposite Lanier House. Macon , - - Gevrgia. KEEPS constantly an hand, Glassware of every description, House-Furnishing Goods, Bed ; Room Setts, Dining Setts, Polished Stone-Ware, i Willow-Ware, Toilet. Setts, Fancy Articles, Trav eling Cases, Shaving Mugs, Table Cutlery, Buck- i ets and Brooms, Dusters, of every description, ! Candy Jars, Lamps and Cocianuts, Bar Bottles, ! Decanters, &e. nov 17 3m THOMAS J. DUNBAR. lIENYY A. STULT9. T. J. DUNBAR & CD., TMPORTERS AND DEALERS in Brandies, i Whiskies, Gins, Wines, Cigars, &c. Agent for Smith’s Celebrated Philadelphia Ales, 147 Bay Street, SA VANN AH, GA. nov 17 3m M. 8. COHEN', Formerly the linn Cohen ;& Hertz, of this city, COMMISSION MERCHANT, AND COTTON FACTOR, 140 Bay St- - - - - Savannah, Go,- nov 17 lm* ALBERT WILCOX THOMAS 11. PALMER. A. WILCOX & CO., FACTORS. CUB MASTS, —AND— FORWARDERS, Buy Streets, Savannah, Ga. Refer to Edward Padelford, Octavus Cohen, A. S. Hartridege, Henry Brigham, nov 17 3m ]P. H. BEHN\ Factor and Commission JVEEK,CKCA.3STT_ 213 BAY STREET, SAVANNAH, GEORGIA, nov 17 lm L. J. GUILMARTIN, | E. W. DRUMMCND. JOHN FLANNERY. L.J. GUILMARTIN & CO- C4OTTON FACTORS, Shipping and Commission ; Merchants, 148 Bay Street, West of the Ex change, SAVANNA 11, GA. Xfcgp- Consignments solicited, upon wnich libe ral advances will be made. Particular attention paid to the sale of Cotton and Merchandise, and to filling orders for Tim ber, Lumber, wool, Hides, &c. nov 17 3m. I lui'ictl Lots. r ARTIES wishing to purchase burial lots in the Oak Grove Cemetery, are Hereby inform ed, that these lots have beep surveyed off in | different valuations from 10 to 2Q doUnrs. Infor mation as to locality, price, etc., ran be obtain cl by application to the Sexton of the Cemetery, 1 or to JOHN XINER, City Marshall. Nov, 17-14, ' ‘ I CORN, BACON, FLOUR, -A. IST ID HAY EMPORIUM ! MA.COIST, GEORGIA. O O IST - 5,000 Sacks Mixed and Yellow Corn, 2,500 “ White Corn, For sale at Lowest Market Price by W. A HUFF. % 13 J&. O O KT . 50 Casks Clear BACON SIDES, 40 do Clear Rib SIDES, 50 do SHOULDERS, 10 do Sugar Cured Hams, For sale by W. A. HUFF. PL.OUR. 150 Barrels Superfine FLOUR, 200 do Extra “ 150 do Choice Family FLOUR, For sale by W. A. HUFF. and OATS. t& JLOOO Bushels OATS, 9 •100 Bushels COW PEAS, For sale by W. A. HUFF. A LAUD! LAB D ! 50 Barrels and 25 Kegs prime LEAF LARD. For sale by W. A. IIUFF. CASH ! CASH ! M DON’T SEND YOUR ORDERS WITHOUT IT ! Very Cheap for Cash ! "^7 nov 17 lm mm IFBILIIiPSt Importer of And Dealers n ! TvOMESTIC SEGARS, Virginia Chewing and I J/ Smoking Tobacco, Snuff, Pinos, Scgar Hold ers, &c., No. 94 Bryan, Corner Whitaker Street, Savannan, Ga. 1 All lhe celebrated brands of Chewing To bacco on hand. nov 17 3m & m. e 130 & 141 Congress st., Snvnnnuli, Ga. Wholesale and Retail Dealers in Ready Made Clothing, BOOTS, Shoes, Carpets, Oil Cloths, Lace Cur tains, Shades, &c. Wholesale Rooms Up- Stairs. nov 17 3m Administrator’s Sale. BY virtue of an order from the Court of Ordi nary of Sumter county, will be sold on the first Tuesday in January, 1867, at the Court House door, in said county, between the legal hours of sale, the tract of land in said county, whereon Thomas C. llale resided at the time of his death, containing two hundred two and one half acres, more or less, some 75 acres in good state of cultivation and well watered. Terms— Cash. [nov 17 tds] S. H. HAWKINS, Adm’r A dnlinistra tor's Sale . BY virtue of an order from the Court of Ordi nary of Webster county, will be sold on the fljst Tuesday in January, 1867, at the Court House door, in said county, between the legal hours of sale, the tract of land in said county, whereon Joseph L. Little resided at the time of his death, containing five hundred acres, more or less, [less widow’s dower.] This is a valua ble settlement of land on Kincliafoonee creek. Terms Cash. S. 11. HAWKINS, Adm’r. nov 17 tds. Administrator's Sale. ON the First Tuesday in January next, will be sold before the Court House door in the town of Vienna, Dooly County, agreeably to an order of the Ordinary of Sumter County, ’lot of land, No. 150, in the 10th district of Doolv County.— Sold as the property of P. J. fPertce, late of Sum ter County, deceased, for the purpose of perfect ing titles. Terms on the day of sale. S. C. PRYOR, l A(lm , rs nov. 17. tds. S. G. PRYOR, $ A(im 1S " EORGlA—Schley County. AT Whereas, M. A. McNulty'applies to me for letters of administration on the estate of D. Williamson, late of said county, deceased, i These are therefore to cite and admonish all and singular the kindred of said deceased, to be and appear at my office within the time pre scribed by law, and file their objections, [if any they have] otherwise letters of Administration will be granted to the said applicant. Given under my hand, in office at Ellaville, this sth day of Nov. 1866. ' S. E. EASON, f Nov. 5-lm. Ordinary, GEORGIA — Schley County. TWO MONTHS after date, application will be made to the Conrt of Ordinary of said county, at the first regular term, after expiration of two months from this notice, for leave to sell the land belonging to the estate of Z. W. Sellars, deed. Nov. 5-2 m. S. E. EASON, Ord. S. C. SWEET OPOPONAX ! New Perfume from Mexico The only fashionable Perfume oud Ladies’ delight, rfold at the Drug Si ore [oet 9 tfj Dr. E. J. Ej.PiU.DQE. im (. mi T k % Importers, Jobbers* Retailers of JOiry Goods, |anc|i 6ootos, Jjosicrn, Small Wares, Millinery, & Straw Goods. Corner Broughton & Whitaker Sts. Savannah Georgia < 110 V 15 3m JOS. 8. CL AG HORN, | JNO. CUNNINGHAM, lUdHOII & CIKM, GROCERS j SHIP chandlers] Corner Bay and Drayton Streets, 1 Savannah, Gcoryia. I nuv 15 Cm V. A. RYAN & Co| WHOLESALE DEALERS IN j IMPORTED 41 DOMESTIC LI&DORl Sole Agents for the State of Georgia A. Keller’s celebrated Whiskeys, Cli. Champagnes, Ac. 207 Bay Street, - - - - Savannah, nov 15 3m D. G. PURSE. I D. R. THOMAS. PURSE & THOMAS, COMMISSIOrUORWARDIffiG & SHIPPIISi AIKRCI IyY7\ t TS, I No. 11l Bay Street, Savannah, Ga, J pENKRAL AGENTS for Georgia for “WiWer’J \J Patent Salamander Safe Company,” 4,mJ Bend Scale Company,” “ Nonpareil Wasivinfl Machine C 0.,” “ Georgia Chemical Works,” 1 Sole Agents at Savannah for “ Mupes Suptfl Phosphate of Liipe Company,” Solo Agents Savannah for Horace L, Emery & Son’s Agrictfl tural Works of Albany, New York. Agents James Metcalfe & Co’s Oil Works, Louisville, fl| nov 15 3m J.R. HINKLE, M.el Physician and Surges OFFEIIS })is Professional services to citi*er,o of Americus and country. Can be fat|li4 Dr. Kldridge's Store, iluring the day, and tlie Uotel at Nov 15 6m# At Public Outcil ON the first. Tuesday in December, wH sold before the Court House door, in icus, a pair of SPLENDID CARRIAGE HOUSES, ■ akl an excellent CARRIAGE. >'ov ,
