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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (June 23, 1869)
01,1) SERIES, VOL. LXXVI. (Chronicle & Sentinel. AIIGEBTA, GA s u npnwpiit miriw. jw» » Columbia & AuousrA Railroad From tlic Charleston Courier we learn that the Columbia & Augusta Railroad Com pany and the Charlotte Railroad Company, it is now ascertained, will consolidate their lines at an early day, running through trying between Charlotte and Augusta, one hundred and ninety miles. The stock and bond account for the united road will foot up about $4,400,006; which at 7 percent., call for over $300,000 net income per an num. It is ( xpcctcd that the gross earn ings wi.l b; between $500,000 and $600,000 a year. Practical Arithmetic.— We are in debted to .Messrs. J. W. Burke & Cos. for a copy of “Caldwell's Practical Arithme tic This work scorns to bo an original and comprehensive method of calculation and is a credit to its author. Professors of schools ,-hould examine its merits and, ii possibb , introduce it into Southern academics. A home institution of this kind should not be neglected. Negro Browned in Burke County. —On last Sunday morning, a negro man about (criy years of age, was drowned in Mclntosh creek in Burke county, a short distance front Waynesboro. The creek flowed through a culvert under the Savan nah A Augusta Railroad, and near the railroad the bed of the stream bad washed nut a good deal, and it was very deep at that point. On Surday about noon, the m gro alluded to above, in company with one or two others, went to this creek for the purpose of bathing. Arriving there, the negro jumped from the bank into the deep water at the edge of the culvert, und disappearing beneath the water, rose no more. It is supposed that the suction of the water drew his body under the culvert and caused him to be drowned. His body bad not been recovered at last accounts. A Freight Depot at tiie Canal Basin, luiho CmiONr.LK & Sentinel of last Sunday morning there appeared an article recommending to the City Council the propriety of converting the work house at the Canal Basin into a Freight Depot, where the goods of shippers by the (.'anal might be stored to await the pleas ure of the consignor or consignee. In that article wo expressed the belief that this plan, if adopted, would cause a large amount of goods to be shipped over the canal, both by tho n ercliauts of Augusta and the farmers of the counties in South Carolina and Georgia situated on the banks of tho Savannah river, over the quantity now transported in that manner, and that tho expense incurred in opening and keeping up the depot would be easily paid by charging a small rate of storage from shippers. On yesterdoy everting we wero informed by a member of Council that, though nothing had been said abotlt it before, the Canal Committee had been investigating the matter alluded to in Sun day's Chronicle & Sentinel, and had at last decided tnadoptthis very scheme as ono which would be beneficial to both farme rs and merchants and tho canal. But very little cither of work or of money will bo required to convert tho work-house into the desired depot—enlarging the present doors, a few loot in width, being all the repairs neces sary. On the first of next October, when the coUon season commences this building will he put under tl c charge of a reliable man as keoper, and will he opened for the reception of freight. Tho Canal Commit tee,in fixing the rates of storage, has deemed it the better policy not to charge ,to much on each articlo or so much on each hundred pounds weight, hut have determined in stead and this we believe is tho desire of the Savannah River boatmen—to charge five dollars for each boat load of freight brought down the Canal. It is thought that this plan will boa great convenience to planters and merchants aud will furnish a handsome revenue to the City Treasury. Radical Nominating Conventions in Philadelphia. —The Age of’ Thursday says ; Yesterday Iho Republican Nominating Conventions, for oily and county officers, were held. Beyond all contradistinction, they wore the most disgraceful political as semblages that have over met in our city. This is no exaggerated statement of the ease. 'The scenes that wore unacted in the Convention for county officers were com mented on during the romaindorof theday. Republicans themselves stated with vehe mence, that they were ashamed of tho dis grace and contumely that the political leaders and wire-pullers had heaped upon the party by this one day’s action ; es pecially in the conventions for nominating a Recorder of Deeds and Clerk of the Quarter Sessions was this disorder most prevalent. In the former body, an ad journment was necessary, in two instances, in order that the terrible coufusion and fury of the politic il combat ants might be subdued. There were men so drunk, on the floors as delegates, that when their turn of votingoarae they were unable to give the name of their candidates. Tiie Recognition of the Cuban Pro visional Government by Peru.—The following is a translation of the deoreo of President Ralta declaring the Cuban in surgents to be belligerents : ‘‘Jose Italia, Constitutional President of (he Republic ot Peru, Ac., cousideriog : "I hat the insurreotiou of Cuba has for its dtbjoet to briug about the independence ot Island, and all political connection being severed between the faction fighting fir the said object and the Government of tho Peninsula, thoro exists two independ ent parts carrying on war for a political purpose, that should he regarded by other nations in conformity with the principles of International law. " That the peoples and the Government of Peru sympathize with the noble cause proclaimed by tho Cubans. That the Captain General ofthe Cuban Liberating Army has requested that the political party whereof he is the chief, be recognired as a belligerent power. That over and above the interest Peru takes in and the sympathy she feels for the cause of Cuban Independence, she must first of all define the political condition of the insurgent party so as not to consider it as a subject to a Government at war with Peru. I decree ; Art I. The P eruvian Government rec ognise ns belligerents the poliCea! party fighting for tho independence of Cuba. Art 11. The citizens, ships aud all Other Cuban properties contributing to the cause of independence are viewed with friendship by Peru. The Minister for Foreign Affairs is charged with the fulfillment of this Decree, and to cause the same to be published and circulated. Lima 14th May. 1569. 1 Signed, Jose Ralta. I Countersigned] J. A. Barrenichea. The Macon Factory.— The Macon Journal n i l Messenger says: Since Mon day last this establishment has been run ning only three days in the week —Thurs- day, Friday aid Saturday. The employees are fed by the company the other three days. The Charleston Courier has the follow ing: ‘“Ondit, 1 that the track of the Savannah and Charleston Railroad will be laid to G rahamville, ten miles beyond the present terminus, by the 25th, thence to Savannah River is only twelve or fifteen miles.” Wheat Harvest.—Wheat harvest has commenced in all the counties along the line of the Macon A Western Railroad. A farmer from Clayton told us yesterday that the wheat crop in his county this year will be worth more than both the wheat and corn crops of last year. Augusta Factory & Granitevill* Manufacturing Company Goods have been advanced in price. We now quote, 4-4 sheeting 15f cents, 7-8 shirting 14 £ents, 3-4 shirting 11* cents, and drill 16 The Chinese as Voters. While Mr. Burlingame, the Chinese Ambassador furnished by New England, j for a salary of fifty thousand a year in gold, introduced the Celestial Pigtails to the Court of the United States and to the j Courts of Europe, General Grant gives sambo office. Mr. Burlingame likes yellow faces. General Grant and his Cabinet likes black ones ; Mr. Burlingame likes pigtails, Mr. Creswell likes kinky heads. Doubt less if Mr. Burlingame was President ot the United States, instead of Genera* Grant, encouragement would he given to the Celestial yellow faces in the way of good fat public offices. As General Grant is President of the United States and But ler directeur-in-chief due encouragement lis given to African aspirations. But this j is not the whole of the story. The sub i ject whites of California, or, perhaps, in j the New England parlance of Northern j Radical', “the low, mean whites” of the Pacific, not having a New England fear of I God before their eyes, nor a New England I love of equality in their hearts, the labor ing men of the land of gold, finding them selves jostled and crowded and underbid in their avocations, by Chinese competitors, show their teeth. Tuey complain, openly and loudly, that they are not considered as good as yellow-faced Celestials—that unfor tunately they were born white and, in con sequence thereof, have to struggle against all the world with no protection Irom the Government, and have resolved to protect themselves. They have organised them selves into au “Union League,” and make war upon not only the Chinese and Japan ese immigrants, but upon those who give them employment. On the other hand, Mr. Charles Francis j discussed the matter as belonging to social science, aud disp'ays uumistakable oppo sition uot only to the present negro policy i of'the.Goverument, but also to the Chinese j policy fbrshadowed so long as the so-called | Constitutional Amendments are held to be offorce. He regards Chinese immigration as a sort of deluge of Asiatic barbarism,; and is afraid, under the present encour- j agemeut of the “National Government,” that all L.boria will re-migrate to the Land . of American Liberty and Equality, and ! thinks that some system should be adopted ' to render the admission of these immi grants to citizenship gradual and safe. Long before General Grant's African policy, or Mr. Burlingame’s diplomatic feats, oi Mr. Adams' scientific discussions shall have reached their legitimate con clusion, the question will ha e adjusted itself, outside of Congress, outside of Constitutional amendments, and outside of Radical legislation. Tho scenes at the late municipal election in Washington city j indicates very clearly how the question is to be solved.. There will be no delay— j no social scientific discussion—no diplo matic s ratagems. It is simply a question of power, and such a quest iou as will ad- j mit of no compromises. Washington city is now Africanized in its municipal in fluence ; and Washington city will soon he Africanized, or Japanizcd as to its na tional character. This is to be our next reconstruction, and it will not be confined to tho South alone, but will apply to the whole country—North, East, South and West, to tho Atlantic and to tho Pacific. The CoUon Trade. The Financial Chronicle compiling tele graphic reports, gives the aggregate American cotton receipts from September Ist, 1868 to June 11, 18C9, at 2,285,616 against 2,321,416 hales, during the same period last year, and the stock at all the ports at 113,988 bales against 129,081 last year. The decrease of receipts this year is 35,846 bales, and in stock 15,093 bale'. The receipts at the po t of New York since ;Sept. Ist, 1868, are stated at 597,000 Stock on hand September Ist 23,000 Total 620,000 Os which there has been exported 307,000 Taken by American tiers 242,000 549,000 Leaving tor estimated stock 71,000 But the stock by official count is... 41,500 Not accounted for 30,500 Tho following statement exhibits the stocks in London and Liverpool, and afloat for those ports on May 29th, as compared with last year : 1868. 1869. lu Liverpool bates 020,250 422,080 In London “ ... 30,720 75,217 American Cotton afloat (bales) 131,000 149,000 Indian 445,120 535.350 Total 1,233,076 1,185,527 Os the present stock of cotton in Liver pool 54} per cent, is American, against 58} per cent, last year : Os India cotton tho 13} per cent., against 8} percent. The sales in New York for future de livery for tho week, ending Friday, June 11th, were as follows: on Saturday, 200 hales, to be delivered in December at 24}c, and 100 at same time, at 25c. On Tuesday, 100, to be delivered in July at 29}0 and 100 in September at 29c. On W ednesday, 100 for September on private terms, and 100 for December at 24}c. On Thursday, 100 for June on private terms, and 100 for November. Oa Friday, 11th inst., the sales were 900 bales, 150 to be delivered in June at 30}e, 300 for July on private tarrn?, 100 for November at 250, 100 for November at 25, 100 for November at 24}c, 50 for December at 24c, and 200 for November on private terms. The sales for immediate delivery during the same week foot up 17,619 bales, ol which there were 1,988 bales to arrive.- Breadstuff’s. The comparative receipts of breadstuff’s for the last three years at the Like ports of Chicago, Milwaukie, Toledo, Detroit and Cleveland from Jaouary Ist to June 5, are shown in the following table : 1869. 186$. 18*57. Flour, bbla... 2,317,012 1,408,574 1,193,451 Wheat,bush. 10.591.679 0.405.079 3.903.395 Corn. bush... 10,005,030 12,352,793 9,783,459 Oats, bush.. . 4,305,050 3,848,251 2,021,811 Barley, bush. 300,780 378,082 513,729 Rye, bush..... 401,393 156.728 432,638 XT gr’u, b 27,054.876 23.264,533 17,236,002 The stocks of Wheat in store at Chicago and Milwaukee in 1867, 1868 and 1869 were near upon the fallowing figures at a late date: 8167. 1868. 1809. Chicago, bush 148,200 553,200 491,505 Milwaukee, bu5h..238,000 611,000 318,000 Total 386,200 1,164,200 In store in New York warehouses: 1869. IS6S. 1867. Wheat, bush... 637,577* 507,699 578,279 Corn, liush 485,781 1,326,721 217,700 Oats, bush 555,993 527,304 379,805 Barley, busli... 388 575 - 09,403 Hve, bush 107,546 57,460 117,250 Peas, bush 41,392 43,400 25,041 Malt, bush 109,746 11,565 16,311 T 1 gr’u. buah.,1,888,223 2,534,484 1,404,102 •Mostly California. Macon & Brunswick Railroad.— The Macon Iclegraph says twenty-five miles of additional track of the Macon & Brunswick Road will be laid during the month of Jane. The work is going ahead with something like the Pacific Railroad energy. Six construction trains are now busy—all now employed at as many points on the track, with a heavy force at each place. We have heretofore stated that the iron and all the materials for the super structure of the entire road arc at hand. Unless something unexpected and extra ordinary intervenes, the iron way to the sea will be all laid on or before the Ist of November, and we can snuff sea breezes n eight hours from this spot. Ji dg* of the Chattauoocuke Cir cuit. —Bu’lock has issued an order ap pointing Hon. James Johnson, of Colum bus, formerly Provisional Governor of Georgia under Andrew Jyhnson’s “poli cy,” Judge of the Chattahoochee Circuit vice Judge Worrill. It is Done. In accordance with the behests of their catty, Brown and McCay have decided that negroes are eligible to hold office un der the Constitution and laws of this State. It will be seen that McCay goes 1 squarely up to the line dictated by Butler and Sumner. He takes the bull by the i horns and holds, as did Judge Orr in ' South Carohni last week, that there was no civil Government in Georgia prior to ; the adoption of the present Constitution. Os course the conclusion which he reaches from these premises is logical and consist ent. Brown goes back oq his Marietta speech and upon the record of his whole life up to hi-affiliation with the mongrel par y. He adroitly seeks to break the force of his Marietta speech by lasing his present decision upon the provisions of the Code of the State as affected by the 14th Amendment of the Constitution of the United States. Os course it was to be expected that so profound an adept in the art of dissimulation, and so reckless of principle and consistency, would find little difficulty in giving roasons for his treach ery which would be quite satisfactory to himself and those whom he n ow so abjectly serves. Judge Warner, the jurist, statesman, patriot and honest, upright man, unawed by power aud unseduced by hope of re ward, has again vindicated in his person the true character of an upright, incor ruptible Judge. The people of Georgia, in full confidence of his rectitude and ability, relied with undoubting certainty upon his decision, and they have not been disappointed. The deed is done. Georgia is dragged down to the lowest depths in the slime and filth of Radicalism—at least so far as the exercise of the high places of the State by unlettered negroes is concerned. For a season we must submit to our fate. Our people must summon to their support all the patience and forbearance they can ex ercise, and wait, not as one without hope, for the better day which is coming when mongrels and scalawags and charlatans and traitors shall be driven from power and the true children of the State shall be re stored to the patrimony secured to them by the blood and treasure of the sages and patriots who formed the Government. This decision will drive together and cement more closely all the conservative elements in the State. It will convince moderate Republicans that Radicalism is to be feared and hated and driven from power if they would prescive any portion of their liberties. In this view Brown and MeCay’s decision may become a blessing in disguise. Let all true men wait and watch and work for the speedy approach of that good day when the children’s patri mony, now fed upon by dogs, will be re turned to the true owners and the govern ment of the State restored to its rightful proprietors. Cotton Crop or 1868 and 1869. The following figures and speculations, from the Boston Journal, are given for what they are worth. Our readers can draw their own conclusions : Some estimate may now be formed of the probable size of the crop of 1868, now reaching market, for enough has come to hand to give a good idea of the quantity yet to be received. The receipts at the ports for the past lour weeks have been in excess of those for the same period of 1868, and although our interior stock' have been very much reduced, they are still nearly twice as large as at the same time last year, while there is every reason to believe that there is still a considerable quantity of cotton held on the plantations; and it is now safe to estimate the crop of last year at about 2,500,U00 bales. It is yet too early to form any estimate of the probable cotton crop of this Sum mi r, and all opinions on the subject must be considered as mere guess work ; but we can look at its position and judge of its present promise, provided the course is smooth throughout the season. There can he no doubt at all that more land was planted in cotton during last Spring than that of 1868. In Texas the increase in area is estimated at one-third, in Georgia at 13 per ent, while the increase in the other States is also large. We will be quite safe in estimating the average in crease over last year at 9 per cent, for the entire South. Now the Bureau of Agri culture estimated that in 1868 there were 6,000,000 acres in the South planted in cotton, therefore an increase of 9 per cent, will give 6,540,000 aeres as the extent of land under cultivation in the staple during this year. By reference to the Report of Agriculture for 1867 it will be seen that the average production of cotton through out the South is 190 p unds per acre, but in order to bo within a limit, only 180 pounds per acre will be assumed. The fact is indisputable that there has been a larger importation of fertilizers into the South during last Winter than ever before. It is estimated that Georgia alone has consumed 17,000 tons, and all of the other Slates have taken proportionate quantities. This increased use of fertil izers will give au increased productive power to the lands, which increase can be safely estimated at about seventeen per cent , raising the average production of the South from 180 pounds to 210 pounds per acre; in addition to which the lands have been more thoroughly cultivated, and the freedmen have worked better and more steadily than last year, and give every promise of continuing to do so. There can be no doubt that the youDg cotton has been injured by the cool Spring, but the injury has been greatest in South Carolina, Tennessee, Arkansas and the Northern ports of Mississippi, while the real cotton regions of the North and South, Georgia, Florida, Texas, Louisiana, and the Southern parts of Mississippi and Ala bama, have not suffered so severely ; but the injury to the entire crop will probably amount to about 10 per ccut. During the past two weeks there have been successive hot days and nights, with lino rains odcs or twice, which is the best kind of weather for cotton, aud under its influence, as we learn from all sections, the crop is shooting up aud growing finely. Under the fore going consideration, the crop of this year may be estimated as follows : Number of acres under cotton, 6,540,000; at 210 pounds per acre, 420 pounds per bale, 3,270,000 bales ; probable crop of 1860, 2,943,000 bales, provided no other casual ties occur to further reduce the yield. The Cincinnati & Chattanooga Railroad. —A few days since a gentle man of this city addressed a letter to a gen tleman of Atlanta, who occupies a position that makes him high authority on that subject, for information with regard to the great Southern railroad to be built from Cincinnati, Ohio, to Chattanooga, Tenn.. and to the completion of which the city of Cincinnati has subscribed ten millions of dollars. On yesterday a reply to tie letter was received. This has been shown to us, and we publish the substance of it below, convinced that it wi:l be found interesting to our readers. The writer states that the line of the road from Cincinnati to Chattanooga has Dot yet been definitely located, but that the surveys, as made up to this time, con clusively indicate the pro; er and most di rect route to be as follows : Starting at Cin cinnati it will go from that city to Paris, in the State ol Kentucky : thence by way of Lexington, Nieholasville, Danville and Somerset to Chitwood, a small town situat ed on the boundary line between Kentucky and Tennessee. From Chitwood the route will run via Montgomery to Emery River Gap ; thenee along the foot of Walden's Ridge, to a point near Post Oak Springs and Smith's Cross Roads to its terminus, Chattanooga. The first seventy-four miles of the route in a Northern direction from Chattanooga passes up the valley of the Tennessee river with exceedingly easy grades. The mountainous division presents a remarka bly favorable route for a mountainous section of country. There will be but three small tunnels to be constructed along the entire distance, and there will be bo grade encountered exceeding eighty feet to the mile, and probably none excesding sixty feet The route, as a whole, is consid ered by railroad engineers to be a very AUGUSTA, GA., WEDNESDAY MORNING, JUNE 23, 1569 favorable one. One bundled miles of the route will run through large iron beds, and two hundred miles through coal fields of remarkable richness. The writer says that the people of Cin cinnati are fully alive to th t importance of this great enterprise to then interest and are determined to build it in the shortest time possible. He thinks that the import ance of this work to the State of Georgia, through the Western and Atlantic Rail road and its Georgia, South Carolina and Alabama conncctions.can scarcely be over rated. It miy also be a matter of interest to the citizens of Augusta to know that the people of Cincinnati construct this railway for the purpose of getting direct communication with a South Atlantic sea port, and that when the Fort Royal Rail road is finished, Fort Royal will be the nearest poit to Chattanooga, the terminus of the Cincinnati line—nearer than Charleston, nearer than Savannah, nearer than Brunswick. New York Stock Gambling. The American Metropolis is the great gambling theatre of the Western World. In times past Havana served to point a moral in the tales of a traveller, or of travelling correspondent “To gamblo like a Cuban,” was an expression universally in use to signify the extreme of devotion to games of chance, comparable only to the devotion displayed in Europe, at Baden Baden. But the Cuban vices rarely, if ever, excited the virtuous indignation of righteous critics. The details were always given as curiously interesting, and the moral, always brief, was faintly uttered in justification of the narrator’scharacter, and always implied a Pharisee’s thanksgiving prayer for not being a Cuban. But the Cubans now have a little game of war on hand, and for the nonce have for saken their favorite pastime. In the days of Slavocraey, as our Radi cal brethren, with a keen eyo to political profit, and with virtuous indignation, affectionately characterized us, the Faro BanksofNew Orleans,and the Lao Tables of thesteamboats ofthe Mississippi and Vicks burg under the hill,furnished tho requisite materials to adorn a tale to be spread be fore the people of the North, invoking the condemnation ofthe pre-eminent good,and Vicksburg and New Orleans as depicted, were adjudged types of Southern society, against which our Northern brethren did lift their hands in holy horror. In the days of the slavocraey it was believed South erners did nothing else than watch the shuffling cards or rolling dice, while our “colored brethren of later date,” made the cotton and sugar, and the rice, and tobac co, which our pious judges manufactured or sagaciously manipulated in trade for their own benefit. But the days of the “slavocraey” are numbered with the dead past, and the diminished cottoo, sugar, rice and tobacco crops, attest pointedly that if there was gambling in Vicksburg and New Orleans, and on Mississippi steamboats, neither cards nor dice absorbed tho time and attention of the Southern masses. But this is the day of progress. Every thing is becoming national virtue and vice in politics and in religion. In our Ameri can progression, we refine always and everywhere except in Washington city. Our great metropolis takes the lead. Gambling is made respectable. “Gambling hells,” it is true, are admitted to exist at the North, but their existence is only ad mitted in New York or Chicago or some such lawless places of foreign growth. But the .cosmopolitan of New York or Chicago, ignoring the vulgar vice, presents the gen teel game of stock gambling, in which all can take a hand, the Puritan and the Black-leg, the sinner and the saint. The game is a simple one. The player is free to choose, let it be gold or Government bonds, or a fancy railroad stock. The stock for example being selected, the player we will suppose to be the owner of five thou sand dollars. This sum he deposits with the banker, and gives a written order for the purchase of the selected stock accord ing to the terms, usually one hundred thousand dollars in amount if the stock is at all reputable for such a bonus. The bank orders the purchase through brokers (or faro dealers with his coat on). When the purchase is made the banker receives and holds the scrip as collateral security. If the stock ad vances ia price the player,either in person or by telegraph (for a great point of the game is that it can bo played as well by the player being in St. Louis or Boston or San Francisco, as on the spot), the player says, “sell,” and the stock is sold ; and he pockets the profii, ready for another game. If the stock goes down so :hat the price of the stock, with the bonus of five thousand dollars in, will just cover the banker’s charges, the banker says “sell,” and the player is “sold,” and poc/cets his loti of five thousand dollars. Sometimes the game is varied and the player is allow ed, by agreement, twenty or thirty or sixty days, or is permitted to renew his “blind ’ of five thousand. Prima facie, the game is the very sim- | pie operation of buying and selling stocks; i really, it is a bet that the selected stock will advance in pries. These \ fluctuations in prices sometimes from un forseen causes, and sometimes by manage ment and artifice, afford ample scope for the exercise of skill and judgment of the coolest gambler and create an excitement as intense as the greatest devotee to games es chance coaid desire. The following table of the decline that has taken place in the prices in the first ten days of this month, the heavy decline indicated having been premeditated by “calling in the loans aud dropping the market” for Mariposa, of which large amounts had been hypothe cated,below the margins advanced,and weak parties bemg unable to respond to further calls, that is, ante another blind, were forced to sell at best market rates, causing a decline in this particular stock, of thirty oue per cent, in a single day and affecting thereby all on the stock list of stock ex change : J are 1. June 10. De’ne. New York Central 192} 182} 11} : Hudson Kiver 160 153} 6} Heading 100} 96} 4} Michigan Southern 118} 102} 18} . Illinois Central 145} 142 3} | Cleveland * Pittsburg..lo7} 91} 15} Chicago and Norih west ern 92} 86} 6} 1 Chicago it Northwest i ern, Pref 104} 97} 7} ; Rock Island 126} 117} 8} Pitts., Ft. Wayne & Chi cago 156} 155} 1} Ohio and Mississippi certificates 35} 32} 31 St. Paul 79} 73} 6} St. Paul preferred 91} 83} 7} Western Union Tele graph 43} 40 3} Pacific Mail 81} S3} Adams' Express 60 58} 1} American Express 39} 39} } U. S. Express 66} 68 } Merchants’ Union Ex press 15 14 1 Good for the Southern Cotton Planter. —The New York Times say3: Despite all the efforts of the Eaglish and other nations to foster the growth of cot ton in India, Egypt, etc., the place of America has never been really filled, and returning industry at tho South will find a plentiful demand for its productions. The latest returns of the British Board of Trade show that there are now 50,000 people less earning their living in cotton manufactures than there were before the rebellion: whereas if the English cotton factories had increased during the seven years since 1861 at the same rate they did the five years preceding, the cotton manu facturing population of England would be 170,000 more than it is now. So enormous is the loss which the stoppage of Ameri can cotton inflicted upon British industry. The cost of anew war would be something frightful to both parties. TROUBLE IN SPARTI. One Man Killed, another Mortally Wound ed—The Negro Representative Impli cated— Ihe Sheriff Pursuing the Parties —Citizens Aid in the Pursuit. On Wtduesday morning an alarming re port was circulated on the streets of this | city to the effect that there had been a serious difficulty between the citizens of Spaita, Hancock county, and the negroes, on Tuesday evening; tLat a conflict be tween the races had ensued, caused by a | negro incendiary inciting an armed body of ! his race to burn the town; that in the fight j fire negroes and one white man had been ! killed; that upon the Sheriff of the county | endeavoring to arrest a party of the white ; men, who had been engaged in the affair, ! the latter had seized the cotton factory in j Sparta and, conveiting it into a fort,had set the Sheriff and his posse comitatus at de fiance; and that a thousand other terrible I things had happened besides. The news created a good deal of excite ment and anxiety in this city ; because it was believed that if the report proved to be true, it would be seized upon by the scalawags as fit material out of which to manufacture political capital and assist them in their scheme to remand Georgia to a m litary despotism. Fortunately,however, we have been enabled to obtain a true ac count ofthe whole affair,and the story of the morning proves to be a ridiculous canard, circulated by members of Arnes’ New Or leans Circus troupe, who were iu Sparta at the time the di: trrbruee occurred ; but who immediately left the town for this city as soon as the shootirg took place, un willing to become involved in any difficulty, and who were either misinformed as to the true history of tho transaction, or exaggerated it very much —unintention- ally, we suppose—in the telling. Anxious to present to the many readers of the Chronicle k Senti nel a correct statement of all the facts connected with this affair, we had an iaterview with a well known gentleman of this city, who came down on the Georgia Railroad Wednesday evening,and from him obtained full particulars of the occurrence- The gentleman referred to was in the ttwn of Sparta when the affray took place, and may be considered tho very best au thority on the subject. From our in formant’s statement it will be seen that politics had nothing whatever to do with the matter, and if the Bullock News Agency in Atlanta will telegraph tho facts is they occurred we think that it will baffle even the Washington Chronicle or the Tribune to torture them into a political bearing. It appears that on last Tuesday after noon, Ames’ Circus was performing near the depot of the Macon & Augusta Rail road, in the town ofSparta, and, of course, a large crowd of negroes had come in from the country to witness the exhibition. Among others who were attracted to the place, was a negro man named Washing ton Pierson, a notorious scoundrel and desperado, who has for some time past been known as tho ringleader in nearly every act of rascality committed in Hancock countj, and another negro named Eli Barnes, thecolored Representative in the Legislature from that county, who was expelled last year, who is also reported to be a bold, (urbulant incendiary, and a con stant stirrer-up ts strife between tho white and colored races. The circus exhibition opened at two o’clock in the afternoon, and the canvas vas soon filled with a large crowd of both white people and negroes. Two hours late 1 , at four o’clock in the afternoon, a crowd of negroes, in which wore both Barnes and Pierson, assembled outside of the cantas, when the latter got into an altcrcatiot with two white men standing near. 80110 words passed between the parties when Person pronounced one of the white men to beta G—d d—d liar. At this the man drew 15s pistol aud fired, the ball penetrating thflheart of Pierson, kill ing him instantly. Upon seeing the fall of their leader the negioes fired a volley into the two whites but did no execution. A ball, however, fron one of their pistols struck a negro namd Marshall, who hap pened to be in the tray, in the abdomen, inflicting a mortal wrtind. The ball which s:ruck Marshall was supposed to nave come from a pistol told in the hands of Eli Barnes, the expelled negro Represent ative. The white men, as soon as Pierson fell, fled from Sparti into the country, pursued by the negroes. The pursuit had not been conducted a very great distance when, it is said, the wlite men rallied and fired a volley into tke pursuers, which, though no one was injured, caused the negroes, in turn, to take to their heels. Soon after the negroes were killed, Mr. Roger?, the Sheriff of the county, sum moned a posse comitatis of the citizens and went out to ariest the supposed guilty parties. Thisposse wasstil! out when our informant left Sparta yesterday morning. Our informant also states that “Rev.” Win. Henry Harrison, another expelled negro member of the Legislature from Hancock county, left Sparta yesterday for Atlanta. Ofcourse, he was the bearer oi dispatches to Bullock, and we may look out for another dispatch tc the Radical jour nals North and West. The Legislature to be Assembled. The Atlanta Constitution tays it was re potted in Atlanta on last Monday that if the Supreme Court deciled negroes eligible to office in Georgia, Bulock would call the Legislature together in thirty days. By our dispatches Tuesday night it will be seen that the Supremo Court has decided the negroes to bo eligibly so we may look out for the Governor’s “call.” Suicide. —We learn tiat a most shock ing suicide occurred at Bonesville, in Columbia county, yesterday morning. It appears that a gentleman by the name of Walker, had a little quarrel with his wife at breakfast time on yesterday, during the course of which the husband got up and left the house, saying to his wife that he would go down to the mill and remain un till she recovered her temper. He walked down to the mill, which was but a short distance off, but had not been there long when one of his children came running from the house and told him that her mother had killed herself. Returning to his home Mr. Walker found his wife lying on the floor in a pool of blood, dead. She had efit her throat from ear to ear with a razor. The Rutledge Affair. —Not desiring to do injustice to any man, we publish the j following version of the affair at Rutledge, in which Mr. Lawson is vindicated : Rutledge, June 7,1869. Editors Chronicle & Sentinel: Gentlemen —An article in your paper of the 3iinst., headed “Miscegenation in Morgan County,” does great iajustiee to j Mr. lawioo, to our villageand to a 1 parties interested. In the first place it is nearly all false, though, of course, not intention ally on your part, and 1 am requested to ask you to correct it. In the second place, Mr. Lawson and his wife have been separ- , ated tor seven years or more. In the third ; place, Mr. Lawson has been living in the house he now occupies ever since 1860. He built the house and also the one on an ad joining lot, which Mrs. Lawson occupies, and he gave it to her when they separated by mutual consent many years ago, and I understand they have not spoken to each other since they parted. In the fourth place, the negro woman spoken of a3 his “mistress” was his property befere free dom, and she remained with him ever sinee as housekeeper, and the old negress was only there on a visit to see her daugh ter; and the parties who attacked the house on Monday night last were disguised and unknown to the negroes. Mr. Lawson had gone in the country a mile and returned just as the parties had left the house and he never saw any of them nor spoke to them, but when in a few steps of his gate one of the negroes hollowed to him aLd told him that some men had carried off the other one, or was beating her at the back of (he lot; and just at the time his name, was called by the old negress a double-barreled gun was discharged at Mr. L , one barrel alter the other in quick succession, a portionof both taking effect, putting sixty large shot in his legs. This all happened in the street, and Mr. L. never did speak to any of the party, nor saw any one of them. It was dark, and he only saw the flash of the guu up the street several yards fiotn him., And in the last place, the good people of Rutledge do not coun tenance such proceedings, and they do not believe in mob law. Mr. Lawson keeps a bar-room in Rut ledge, and always attends to his own business, and is not considered an “idle, drunken fellow.” Messrs. Editors, in justice to all parties, and especially to Mr. Lawson, >ou should publish this statement, or at least correct your article of the 31. Yours, &c., Justice. Excentire Pardon and Political Disa bling. The accompanying correspondence needs no comment: Winchester, Va., May 29tb, 1869. Major General E. li. S. Canhy , U. S. Army, Commanding Ist Military Dis trict, Richmond, Va.: General —lu September, 1865, I re ceived the lull pardon of the President of the Uoited States for my participation in the “late rebellion.” 1 became thus, in law, in logic, and in the recognized rule of all civilized Govern ments, anew map; fully rehabilitated with all the 1 unctions, rights, privileges and immunities of a citizen of the United States, under the Constitution theieof. And, accordingly, I was allowed to vote, and did cast my vote, at the election held in this State October 7th, 1865. I was thus, iu full exercise and enjoy ment of every right aud function ol my citizenship, long before the passage of th* Fourteenth amendment, aud before the re peal of the special act of Congress authoriz ing the President of the United States to grant pardons and remove the political disabilities of participants in the late re bellion against the Government of the United States. lam not now a registered voter iu Vir ginia ; having been refused the right to register, and, of course, to vote. 1 invoke your decision, now, in time to enable me to register and to vote, as 10 my right to do so. Long before the passage of the Four teenth Amendment, and before the passage ofthe “Reconstruction acts of Congress,” 1 hid had my political disabilities removed and my liabilities remitted by an act of Congress expressly authorizing the Presi dent of the Doited States to grant his par don, and these enactments of law aud Con stitution found me, when they came into existence, in the exact legal, - political and social status of any other one citizen of tho United States who had not participated in the rebellion, and upon whom the policy, intendment and operation of those enact ments could have no effect. I could not, by these acts, be romanded to the liabilities or the disabilities from which I had been restored by the pardon of the Government, any more than you, or any other citizen of the United States, could now be legislated out of the pale and protection of the Conititution ofthe United States, which forbids th* passage of any ex post facto law, or tho imposition of any retroactive penalties. Respectfully submitted. T. T. Fauntleroy, Jr. Headq’rs First Military Distbict, ] State op Virginia, V Richmond, Va., June 5, 1869. J Mr.T. T. Fauntleyroy, Winchester, Va.: Sir —In reply to your letter of the S9th ultimo, stating that you have received a pardon from the President of the United States for participating in the late rebellion, and inquiring if you have the right to register and vote, lam instructed by the Commanding General to say that Execu tive pardon does not remove political dis abilities. Very respectfully, your ob’t.serv’t, Louis V. CAziarc, A. D. C., A. A. A.G. Another Brutal Murder. A WHITE MAN STABBED TO DEATH BY A NEGRO. CORBBIPOfDENCE Os THE CHBU3ICLK A BKKTIJfKL. Waynesboro, Ga., June 16, 1869. Editors Chronicle & Sentinel: Adkin D. Lewis, a good and useful oiti zen, residing about seven miles south of this place, was murdered in his field about 8 o’clock a. m. to-day. The murderer is a negro named “Ben,” about 40years old, a round, plump fellow, weighing about ono hundred and fifty pounds. He used a knife to accomplish his hellish purpose, with which he inflicted four or five stabs on the body and breast of the dead man. He fled and no arrest so far. As far as can be judged it is a case of premeditated murder, Ben having disclosed his plans aitd purposes to a friend last night. A caild of Ben’s was hired to Mr. Lewis as a house servant, aud, it is supposed that a correction of the child some days ago by deceased, caused Ben to commit the hor rid deed. A little son of Mr. Lewis, about 10 years old, was present at the killing. Now and Then. (JAN A NEGRO HOLD OFFICE IN GEORGIA? Decision and Opinions of the Justices of the Supreme Court of the State. Fhonographicnlly Reported for the Atlanta Intelligence. The cage of liichard W. White, plaintiff in error, against the State of Georgia on the relation of Wm. J. Clements, defend ant in error, comes before this Court on the following state of facts : Wm. J. Clements applied to the Judge of the Superior Court of Chatham county, alleging that at an election which had been held in that county for a Clerk of the Su perior Court, he and Richard W. White were the sole candidates. That Richard W. White had got a majority of the votes, but that he, Clements, had also got a good many votes aud that no other persons were running. The petition further stated that Richard W. White had been declared elected, and had been commissioned and was in the actual performance of the duties of the office, and that Richard W. White was a penon of color, having one-eighth or more of African blood in his veins. That therefore under the laws of Georgia ho was ineligible to office, and further that under the laws.of Georgia as YY hite, the person having the majority of votes, was ineligible, he, Clements, having received the next highest number of votes, was entitled to the position. He prayed the Court for j leave to file an information for a quo war- j ranto. To that petition, of which White i was notified, he (White) filed a demurrer. Subsequently, however, he withdrew the demurrer to that petition, and the infor mation issued in the name of the State of ; Georgia. The Court passed an order di recting the Solicitor General for that Cir cuit to make out an information in the name of the State, reciting in effect the facts which had been recited in Clements' petition, and calling upon White to show cause why a mandamus absolute should not issue against him, depriving him of the office aod putting Clements in. White, at the proper time fixed by the information ! for answering, filed a demurrer to the in | formation and at the same time filed an answer denying that he was a person of color, or that he had one-eighth or more ' of African blond in bis veins. Oq this the court summoned a jury for | the purpose of trying the issue. When the jury had been sworn, the defendant I below—the plaintiff here—called up his demurret to the information. It is stated in the record that the plaintiff in the in formation made no objection to taking up the demurrer at that time, but consented ; and the court heard the motion as an in dependent motion before the case was sub mitted to the jury. The court decided that in the argument upon the motion —that demurreT —Clements, the movant in the general proceeding, was entitled to open and conclude the argument —that the mat ter being before the jury the general rule which gives to the party moving in a de murrer the right to open and conclude did not apply. The court heard the argument on the demurrer and overruled the demurrer. The case then went to the jury on the is sue of fact whether or not White had oae eighth or more of African blood in his veins. On the trial there were various questions made as to the testimony. One witness testified that the defendant, White, was reputed in the neighborhood to be a colored person. Another witness testified that he (the witness), was a registrar of voters: that when White registered he, the registrar, had affixed opposite White’s name the letter “C,” to denote that he was a person of color; that he subsequent ly posted the lists in a public place, and that they had remained there two or three weeks without any application having been made to him to have that letter “U” erased or changed. It did not appear, however, that there was any notice to White that this letter “C” had been placed opposite to his name, nor did it ap pear that it was the law or the practice that if he had applied to have it corrected, that they would have corrected it; in other words that it was the part or the duty of the officer at all to make the entry. At 'least it has not so been made to appear to us. This evidence was objected to by the defence but admitted by the Court. The Court also admitted as evidence the state ment by a physician, au examining physi cian of an Insurance Company, that at a previous time he had examined White and had pronounced him a mulatto. Thero was no testimony by the physician of what his opinion was at the time ofthe trial. The testimony was that at some previous time he had examined him and was at that pre vious time, of opinion .that he was a mulatto. In the further progress of the trial they proposed to produce a copy of an applica tion for a Life Insurance on the life of White in favor ol his wife, which applica tion .purported to be signed by White. The application does not seem to have a word in it as to whether White was a white man or black man, it gave no indica tion as to his color, but on the back of it there was an entry by a person who pur ported to he an examining physioian, that White was a mulatto. The witness swore at first that he thought White signed the paper, but swore afterward that he didn’t know whether White had signed it or whether his wife had signed it for him. Objection was made to this paper on three grounds, one, that it was a copy-paper, though it was proven that the original was in New York ; the other that there was no proof that the original had been executed; an i third that in any event the paper amounted to nothing. Another witness, also a physician, swore that he was a practicing physician, and that he had studied tho science of ethnolo gy ; that that science taught men the rules by which the race of a man was ascertain ed, and this witness gave his opinion upon the point. The Couit admitted his opin ion, that Whit* was a person of color, as being the opinion of an expert. The case went to the jury on this testimony. There were some objections to the charge of the Couit which we however have not noticed, because we didn't think th 1 point very material. The jury found for the plaintiff in the information. Thereupon the Court passed judgment, deposing White from his position as Clerk of the Superior Court, and declaring that Clements was entitled to hold that office. This case has been argued before us with a great deal of learning and ability. This Court has agreed upon the judg ment whioh it will deliver in this case, but not upon *he reasons upon which this judgment is founded. The Court all agree that the judgment in the court below ought to be reversed; thij court being unanimously of opinion that the court be low erred in various of its rulings on tho trial and on the question of the argument on the demurrer. A majority of the court, the Chief Justice, and myself, agree iu the judg ment that the court below erred in over ruling the demurrer, it being our opinion that under the Code of Georgia a person of color is eligible to office in Georgia My brother Brown, however, and myself do not exactly agree upon the grounds upon which we base that judgment. Tho stat utes of the State of Georgia require that the court shall agree in the decision which it makes—the principle upon which it puts tho case which it decides, and as my brother Warner —whilst he agrees to the general judgment—puts his opinion upon one set of grounds, and my brother, the Chief Justice puts his upon another, while I put mine upon a third, we are unable to agree upon a statement of the general principles upon which we put our judg ment. Hence, under tho statute, we shall each give a statement of the ground upon which we assent to the judgment of this court. I will, therefore, now read the grounds upon which the whole Court bases its de cision ; the ground upon which the ma jority of the Court bases its decision, and I shall also announce the principles upon which I, myself, hold that the Court be low t rred. As this is a case of a good deal of public importance, involving not only the rights Os the defendant, and this plaintiff in er ror, but of a very large portion of tho peo ple of this State, and one in which there is a great deal of interest taken, I have re duced to writing, in detail, my opinion; and I will preface the reading of the judg ment of the whole Court and of the ma jority of tho Court, with some written re marks- preferring to do that rather than make a parole introduction. Whatever may have been under the Constitution of the United States, the abstract truth a 1 - to the political condition and status of the people of Georgia at the close of the late war, from the stand-point of a mere observer, it seems to be perfectly oonc usive that the several branches of the present State Government are shut up to tho doctrine that the Constitution and frame of civil Government in existence in this State on the Ist of January, 1861, with ail its disabilities and restrictions, was totally submerged in the great revolu tion which from 1801 to 1865 swept over the State. Early in June, 1865, the Gov ernor of 1860 was in prison at Washington, and there was not, iu tho whole State, a single civil officer in the exercise of the functions of his office. The whole body lately acting had been chosen under the laws of the Confederate States, and the incumbents of 1860 had all either died or resigned or renounced their positions as officers under the Constitution of the United States, by swearing fealty to the Confederacy and repudiating the gov ernment of the Union. The people of the State were, in the langusge of the President, without civil government of any kind—iu anarchy The State, as a State of the Federal Union, stid existed, but without any frame of civil government regulating, restraining and directing the exercise of its functions. From that time until the present S ate Government went into operation, the gov ernment of the State was with more or Uss completeness in the hands of the military authorities of the United States, and the entire ancient civil policy of the State was totally ignored. Directly in the teeth of the old Constitution, the people of color were recognized as freedmen, and as entitled to equal, legal, and political rights, with the whites. Tho Convention of 1867 met under the laws of the United States, and was elected and composed in t#tal disregard of all the provisions and presumptions, qualifications, disqualifica tions, and distinctions of the old organiza tion. The black people participated in its elec tion, and iu itsUomposiiion, oq equal terms, in theory at least, with the white, and nothing can to my mind be plainer than that by the whole theory then acted upon, they were recognized as forming an integral part of the sovereign people, then assem bled in convention to form for their common benefit a constitution and frame of civil government. Such being the facts of the case, it ap pears to me that this court, deriving its whole authority from the constitution then framed, and sworn to support it, is, from the very nature of the case, absolutely pro hibited from recognizing as then or now, in force, either the Constitution of 1860 or 1865, or any of the legal or political disa bilities or distinctions among the people, dependent upon them or either of them. The convention met under the laws of the United States, to form a constitution for a people without civil government. It had nothing to repeal, nothing to modify, nothing to grant. None of the Constitutions of the State, were at the time in operation—the Convention met under entirely new ideas and new presump tion*. It represented anew people—a people among whom slavery had ceased, and among whom black people as well as white were recognized as forming part of the political society, and entitled to equal participation in its rights, privileges and immunities. It is not necessary for the purposes of this argument, that this theory shall be proven to have baen a legal one under the Constitution of the United States. It is sufficient to state, that it is true as a fact, and that the present State Government, is based upon it. If, when the Convention met in Decem ber, 1867, the ancient Constitution of the State, or any of its legal or political disa bilities or disqualifying distinctions up on persons of color were of force, then the Convention was itself illegal, the present State Government is illegal, this Court is illegal? His Honor, the Chief Justice, has his proper place in the Execu tive Chair, my respected associate and my self are private citizens, the plaintiff in er ror a slave, and the whole political history of the State since the imprisonment of Governor Brown in June, 1865, a gigantic illegality. 1 am aware that a very large class of our most intelligent people, so, at this moment, honestly believe : to them this argument is not directed : but it seems to me, that to a Jndge holding his office under the present State government, forming an essential part of its machinery, these views NEW SERIES, YOL. XXVIII. NO. 25 must be of overwhelming force. If he as sumes the power to decide at all, he must, it seems to me, base his judgment upon principles which do not, if adopted in his own case, utterly subvert his own au thority. I make these remarks with the greatest deference to the integrity and to the sound legal accumen of my associates. Honest men see things in different lights, and it is aspresumtuous as it is uncharitable, for one man to set up his convictions as the nece-sary guide of the conscience of an other. These are my convictions, and as a matter of course, I must act upon them, and accordingly, under the rules prescribed by the Statute, I announce,|as the gen eral principles, controling my judgment in this case, the following : By the whole Court. First. The statement of a registrar of voters that he had marked a registered person’s name with a “C” to denote that he was colored and had posted his lists for some time in a public place, und that no application had been made to have the said “so” erased is no evidence that the person is a colored person, it not being shown that the person knew of the entry, and that it was the subject of correction. Second. Although a copy of a paper proven to be beyond the jurisdiction ol the court is good secondary evidence of it' contents, yet it must bo shown that the original was duly executed. Third. An application for a life insur ance, though signed by the applicant, upon the back of which was an entry by the examining physician that the appli cant was a mulatto, is no evidence unless it be proven that the person signed the paper after the entry on it was made by the physician aud with intent to adopt it, or that he used the paper after the entry was made with a knowledge that such entry was there. 4th. The statement by an examining physician, that he had at a certaiu time examined a person and had then been ol the opinion that the person was a mulatto, is not evidence. If the physician is an ex pert he must give his present opinion, and if not he must state the facts upon which he bases his opinion. Whether or not one is a person of color, that is, has African blood in his veins, is matter of opinion, aud a witness may give his opinion if In states the facts upon whioh it is based But whether the fact that he has one eighth or more of such blood, 1 e matter of opinion or not —Query ? sth. One who testifies that he has studied the science ot ethnology may give his opinion as an expert on the question ol race. Its weight is for the jury. Pedigree, relationship and raco may be proven by evidence of reputation among those who know the person whose pedigree or race is in question. The whole Court agree upon these prop ositions. The majority of the Court agree upon this proposition. Where a quo warranto was issued charging that a person holding an office was ineligible, when chosen, be cause of his having in his veins one-eighth or moro of African blood, and there was a demurrer to the information as well as an answer denying the fact, upon which do nial there was an issue and a trial before the jury : held that by the Code of Geor gia, a person having one-eighth or more of African blood in his veins is not ioeligible to offico in this State, and it was error in the Court to overrule the demurrer and to charge the jury that if the plaint ff proved the defendant to have one-eighth or more of African blood he was ineligible to office in this State. DECISION or COURT AS RENDERED ISY JUS TICE MCCAY. Whilst I agree that the Code of Georgia —the law of Georgia, as separate from the Constitution —does make persons of color eligible to office, my opinion is that eligi bility is guaranteed by the Constitution of the State, and I announce these proposi tions as the general principles upon which my opinion is based. Ist. The Constitution of Georgia known as tho Constitution of 1868 is anew Consti tution, made by, and formed for, a people who at the time were, by the facts of the case, and by the laws of the United Slates, without any legal civil government: and as tho people of Georgia, without regard to past political distinctions, and without re gard te distinctions of color, participated on equal terms in the election for the Convention, and in its compositition and deliberations, as well as in the final ratifica tion of tha Constitution it framed—in the construction of that Constitution, and in the investigation of what rights its guar antees, or denies, such distinctions are equally to be ignored. 2d. The rights ;of the peoplo of this State, white or black, are not granted to them by the Constitution thereof. The object and effect of that instrument is not to give, but to restrain,deny, regulate, and guarantee rights ; and all persons recog nized by that Constitution as citizens of the State have equal legal and political rights, except as otherwise expressly declared. 3d. It is the settled and uniform sense of the word “citizen,” when used in refer ence to the citizens of the separate States of the United States, and to their rights as such citizens, that it describes a per son entitled to every right, legal and polit ical, enjoyed by any person in that State, unlest there be some express exception, made by positive law, covering the par ticular person, or class of persons, whose rights are in question. 6th. Words used in a statute, or Con stitution, have their ordinary signification, unless they be words of art, when they have the sense placed upon them by those skilled in the art, or unless their meaning be defined and fixed by law —in whieh latter case the legal meaning must prevail. sth. By tho 1648th and 1649th Sections of Irwin’s Revised Code, it is expressly declared that among the rights of citizens is the right to hold office, and that all citi zens are entitled to exercise all their rights as such,unless expressly prohibited by law; and as the Constitution of 1868 expressly adopted said Code as the law of the State, when that Constitution uses the word “citizen,” it uses it in the sense put upon it by the express definition of the Code it adopted. 6th. Article Ist and section 2d of the Constitution of 1868, expressly declares that all persons born in the United States, or naturalized therein, resident in this State, are citizens of this State, and as the code adopted by the Convention, in express terms declares that among the rights of citizens is the right to hold office, a colored person born in the United States and resident in this State, is by that sec tion of the Constitution guaranteed eligi bility to office, except when otherwise prohibited. 7th. Nor would the repeal of those sec tions of the code, or their alteration, de prive a colored person of the right thus guaranteed. Since it is a settled rule that it is not in the power of the Legislature to | divest a right or chango a constitutional guarantee by altering the legal moaning ui i the word by which that guarantee was made. . Bth. The right to vote involves the right to be voted for, unless otherwise expressly provided, since it is not be presumed with out an express enactment that the princi pal is of less dignity or rights than the j agent. 9th. There being in the Constitution of 1868 various special disqualifications ol electors for particular offices, and four separate sections detailing qualifications for any office, and a black skin not being men tioned as one of these qualifications, under the rule that the expression, &c., of one thing is the exclusion of others, persons of color, electors, are not disqualified from holding office. 19th. There never has been inthisState, at any period of its history, any denial in the terms of the right to vote or to hold office, to colored persons as such. By the old law, they were either slaves or free per sons of color, and these rights were denied them by declaring that they were not, and could not be citizens of the State, and when Article 1, Section 2 of the Constitu- ; tion of 1868, recognized them as citizens, the right to vote and hold office, except as otherwise provided by the Constitution, was ex vi termini, also guaranteed to them. 11th. Ineligibility to office involves not j only the denial to the person claiming the : place the right to be chosen, but, what is ! of far greater moment, the right of the i selecting power to choose ;. and to make out a case of ineligibility there must be such a state of affairs as established not only the want of power to be choseD, but a denial of power in the selecting party to choose. 12th- The people of a State, in their collective capacity, have every right a po litical society can have, except such as they have conferred upon the United States, or on some department of the Mate Govern ment, or have expressly denied to them selves by their Constitution ; and as the right to select a public officer is a political right, the people or that branch of the Government clothed by the Constitution, with the power to choose, may select whomsoever it will, unless the right to choose a particular person or class of per sons, is expressly taken away by the Con stitution. OPINION OF CHIEF JUSTICE BROWN. The view which 1 take of the rights of the parties litigant in this case, under the Code of Georgia, renders it necessary for I me to enter into an investigation of tho ; question, whetherthe Fourteenth Amend | ment of the Constitution of the United j States, or the Second Section of the First ! Article of the Constitution of Georgia, which in substance is identical with the 14th Amendment, confers upon colored citizens the right to hold office. If the respondent in this case acquires the right by grant found in either of the said Con stitutions, or in the Code of this State, it is sufficient for all the purposes of the ease at bar, and entitles him to a reversal of the judgmentof the Court below, which was adverse to his right. The third paragraph of the ninth article of the Constitution of this State adopts, iu subordination to the Constitution of the United States, and tho laws and treaties made in pursuance thereof; and in sub ordination to the said Constitution of this State; the “body of laws known as the Code of Georgia, and the acts amendatory thereof, which said Code and acts arc em bodied in the printed book known as Irwin’s Code,” “except so much of the said several statutes, Code, and laws, as may be inconsistent with the Supremeilaw herein recognized.” The Code, Section 1646, classifies nr aval persons into four classes : Ist citizens, 2d. residents, 3d. alieus, 4th persons of color. Section 46 of the Code declares that, All white persons born in this State, or in any other State of the Union, who are or may become residents of this State, with the intention of remaining herein ; all white persons naturalized under the laws ol the United States, aud who are, or may become, residents of this State with the in tention of remaining herein ; all persons who have obtained a right to citizenship under former laws, and all children where ever born, whose father was a citizen of this State at the time of the birth of such chil dren; or in case of posthumous children at the time of his death, are held and deem ed as citizens of this State. By the Code the distinction is therefore clearly drawn between citizens who are white persons and persons of color. In other words, none are citizens under the “printed book knownas Irwin’s Code” but white persons. Having specified the class of persous who are citizens, the Code proceeds, in Section 1648, to de'ine some of the rights of citizens, as follows : "Among the rights are the enjoyment of personal security, of personal liberty, private property and the disposition there of. the elective franchise, the right to hold ojjice, to appeal to the Courts, to testify as a witness, to perform any civil function, and to keep and bear arms.” Section 1649 declares that, “All citizens are entitled to exercise all their rights as such unless specially prohibited by law.” Section 1650 prohibits females from ex ercising the elective franchise, or holding civil office. See. ion 1651 prohibits minors from the exercise of civil functions till they are of legal age. Sections 1652 and 1653 prohibit certain criminals and persons non compos mentis , from exercising certain rights of citizens. Article 3, chapter 1, title 1, part 2, of the code defines the rights of the 4th class of natural persons, designated as persons of color; giving them the right to mako contracts; sue and be sued, give evidence, inherit, purchase and sell property; and to have martial rights, security of person, estate, etc., embracing the usual civil rights of citizens, but does not confer cit izenship. Thus the code stood prior to its adoption by the new constitution. As already shown, it was adopted, in subordination to the constitution, and must yield to the fundamental law, whenever in conflict with it. In so far as the code had conferred rights on the colored race there is no conflict and no repeal. The constitu tion took away no right then possessed by them under the code, but it enlarged their rights as defined in the code, by conferring upon them the right of citizenship. It transferred them from the 4th class of natural persons, under tho above classifica tion, who were denied citizenship by the code, to the Ist class, as citizens. The 46th Section of the code limited citizenship to white persons. The Consti tution struck out the word “white,” and made all persons born or naturalized in the United States, and resident in this State, citizens without regard to race or color. It so amended Section 46 of the code, as greatlv to enlarge the class of citizens. But it repealed no part of 1648, which de fines the rights of citizens. It did not undertake to define the rights of a citizen. It left that to the Legisla ture, subject to such guarantees as arc contained in the Constitution itself, which the Legislature cannot take away. It de clares expressly, that no lawshall be made, or enforced, which shall “abridge the privileges or immunities of citizens of the United States, or of this Slate.” It is not necessary to the decision of this case to inquire, what are the “privileges aud immunities” ofa citizen ? which arc guar anteed by the 14th Amendment to the Constitution of the United States, and by the Constitution of this State. Whatever they may be, they are protected against all abridgment by legislation. This is tho full extent of the Constitutional guaran tee. All rights of the citizen, not em braced within these terms, if they do not embrace all, arc subject to tho control of the Legislature. Whether the “privileges and immuni ties” of the citizens embrace political rights, including the right to hold office, I need not now inquire. If '.hey do, that right is guaranteed alike by the Constitu tion of the United States, and the Con stitution of Georgia ; and is beyond tho control of legislation. If not, that right is subject to the control of the legislature as tbe popular voice may dictate ; and in tliut case the legislature would have power to grantor restrict it at pleasure, in case of white persons, as well as of persons of color. The Constitution of Georgia has gone as far as the fourteenth Amendment has gone, but no further. An authorita tve construction of the 14th amendment by the Supreme Court of tho United States upon this point, would be equally binding as a construction of the Constilu tion of the State of Georgia, which is in the same words. Georgia has complied fully with the terms dictated by Congress in the forma tion of her Constitution. She baa stop ped nothing short, and gone nothing be yund. The highest judicial tribunal of the Union, will no doubt finally settle the meaning of tho terms “privileges and im munities” of the citizens, whieh legislation cannot abridge ; and the people of Geor gia, as well as those of all the other States, must conform to, and in good faith made by, and carry out the decision. All the rights, of all the citizens, of every State, which are included in the phrase “privi leges and immunities,” are protected against legislative abridgement by tbe fun dainental law of the Union. Those not so embraced, unless included within some other constitutional guaranty are subject to legislative action. The same rights which the Fourteenth Amendment to the Constitution of the United States confers upon, and guarantees to, a colored citizen of Ohio,are conferred upon and guaranteed to every colored citizen of Georgia, by the same amendment, and by the Constitution of this State, mado in conformity to the Reconstruction Acts of Congress. Whatever may or may not be the priv ileges and ‘immunities guaranteed to the colored race, by the Constitution of the United States, and of this State; it cannot be questioned that both Constitutions make them citizens. And I think it very clear that the code of Georgia upon which alone I base this opinion, which is binding upon ail her inhabitants while of force, confers upon all her citizens the right to hold office, unless the*' are prohibited bv some provisions found in the code itself. I find no such prohibition in tbe code, affect ing tbe rights of this respondent. I am, u erefore, oftheopinion that the judgment ol the court below is erroneous,and I concur in the judgment of reversal. BaINURIDGE, CITHBERT AND CoLUM j m s Railroad,— We take pleasure in | informing our reader* that the surveying party , under the direction of Colonel C. B. llarki®, will rendezvous in Bainbridge to d >y, and begin at once the several surveys of the route preparatory to its final loca tion. Every arrangement has been made for the speedy completion of the work, and it is thought this point will be reached by the 21st inst. Colonel Crews will take the field with the party, and aid in the negotiations for right of way, etc., etc. He will bo able to render very valuable assistance to the ex ploring party. Everything looks favorable to the eariy commencement and rapid completion of this new road. Tho energetic President and Board of Directors will never allow the grass to grow under their feet, and action, action, action will be their only watchword until the last spike (we won t say a silver one) shall be driven home. Cutlibert Appeal, KifA From Kuiopo. London, June 16, p. '“.--The Chinese Government baa apologised for an insult tn Count Roehechonart, the French .Secre tary of Legation, whose lace a Mandatin June 10, p >»—ln the Cortes Odeva favored Don Carlos. Senor Begerra replied that the prospects of Don Carlos were extinct, and.could nevei bore\i\ed.
