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THE ATLANTA WEEKLY EXAMINER.
•WBBBLXaY CIRCULATION OIF* THE 3 EXAMINER., 8000 OOI’IEfeS!
JOHN H. STEELE, I
CHAS. L. BARBOUR, j ' ROTS.
VOLUME 1.
TERMS.
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Sales of Land and Negroes, by Administra
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Notices of these sales must be given in a pub
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Notices for the sale of personal property must
be given in like manner 10 days previous to sale
day.
Notices to the debtors and creditors of an es
tate must also be published 40 days.
Notice that application will be made to the
Court of Ordinary, for leave to sell Land or Ne
groes, must be published for two months.
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Letters on business must be (post paid) to en
title them to attention.
FRIDAY, JULY 13,' 1855.
FOURTH OF JULY IN ATLANTA.
The glorious “Fourth,” although not celebrated
here as in “olden lime,” which we regret, by the
reading of the Declaration of Independence and
an Oration from one of our citizens, was never
theless not passed over without demonstrations of
the liveliest patriotism.
In the evening, before the Trout House, and
Atlanta Hotel, a fine display of Fire Works, was
witnessed by a largo number of our citizens.—
Great good humor, and hilarity prevailed, and
but few indeed of the large number there assem
bled, wore incapable of navigating, notwithstand
ing the ardent had been freely used by many of
the over-joyful, from early dawn till night.
At night a Ball was given at the Atlanta Ho
tel, in honor of the occasion, by Mr. Heeler, at
the instigation of several gentlemen of our city.
To the politeness of the Managers we owe our
share of enjoyment at the dance and feast there,
from early evening to early morning. It was a
gay scene—beauty, wit, and all the good things
that heart could desire on such an occasion,
were there in abundance. Every thing went otf
in fine style; but who could imagine any other
result, with such Managers, connected with the
art of providing so well understood by the ex
cellent lady, Miss K., who presides over this Iko
tel, and the Proprietor thereof.
“May their shadows never grow less.”
FOURTH OF JULY IN MARIETTA.
There being nothing* of particular interest at
homo to demand our presence, we packed up the
necessary dry-goods and took our seats in the
9 o’clock train for Marietta, where wo placed our
baggage in charge of our particular friend of the
Fletcher House, and, at 11 o'clock, A. M„ at
tended the celebration at the Military Institute,
and found collected there, in addition to the man
ly corpa of Uadets, a large concourse of citizens,
grave and gay, matrons and inaids, assembled to
honor the developing genius which so strongly
mark* the Cadets of this flourishing Institution.
We regret we were not in time to hear the
reading of the Declaration of Independence, by
Cadet Harkey. It was spoken of as excellent
in every particular. The Oration by Cadet
Camp, however, wo did hear and were gratified
beyond expression with the matter and manner
of this his first effort of the kind, Mr. Camp we
had often heard apoken ol as among the most
talented and industrious of the corps ot Cadets,
and we were not disappointed in our anticipa
tions, predicated as they were upon the most flatter
ing representations. He promises to be, not only
a useful but a distinguished citizen, and furnishes
in himself, his talents and acquirements, a happy
illustration of the advantages the Institution af
fords for tho development of genius uncultivated
tor want of means. He is a State Cadet, and
reflects infinite credit upon the Institution and
the State. <
In the evening the spacious hall was crowded)
by young devotees of Terpsichore who kept up |
the festivities with unflagging interest till the i
small hours began to warn them that the glorious ,
Fourth was numbered with the spent sands in
Times glass.
At 2 o’clock we stowed ourselves as comforta
bly as possible in the “night express” and reached
our roost in time for a refreshing nap before
breakfast.
We beg to tender our thanks to the young
gentlemen of the G. M. I. fortheir kind atten
tion. and assure them we shall ever gratefully
remember their appropriate celebration of Inde
pendence day, and the gratification their hoepi
tahaea aifordadua.
THE NEW MAIL ROUTE!—AN IMPROM’
TU DOUCHE BATH.
The up train on the Montgomery and West
Point Road on the morning o I the 3rd, stopped
as usual at Franklin to take in water. After fin
ishing a rather long drink, the engine started,
leaving the flood-gate of the tank open, the pas
sengers sitting cosily at the open windows of the
cars, were somewhat startled at seeing a four inch
stream of water pouring in at the windows, seri
atim, rather discomposing the sleepers, and dam
pening the clothes and the spirits of all. One
gentleman who was quietly reposing with his
feet out of the windows, got more than his share
safely deposited in his pantaloons. Maledictions
not loud, but deep, were plentiful, and one suf
ferer, wished to know if there would be any extra
charge for a cold bath, that was not on the bill
of fare. A passenger remarked to us, that we
could easily distinguish old trav* Ilers on the
route, by their not being caught going round to
Augusta via Macon. One gentleman said, that
if a person had once tried the two mile ride, in
the crowded omnibus at Columbus, lost his din
ner by the trains being belated, got nothing to
eat till he had paid 50 cents for a mile ride to the
Hotel at Macon, and arrived in Augusta an hour
later than the Atlanta train with no time to wash,
or change clothes, he would be careful how he
followed the great mail in its very circuitous
course.
The traveling public, we think, will scarcely
abandon the old route, via Augusta, and Atlanta,
for the reason simply, that the mail has done so,
particularly when time, and comfort, both favor
a passage through Atlanta.
BOOK BINDERY.
We take occasion to state that there is at
tached to this Office, and has been for some time,
a BOOK BINDERY, in which are employed
the most skilful and experienced workmen, and
where Binding of all descriptions can be, and
has been executed, equal to that of any Binding
Establishment in the Southern States. Its pro
prietor supplied this want in Atlanta long since,
and is able to refer to a large number of his pat
rons, in this city, and elsewhere, to sustain this
assertion. For promptness of execution, dura
bility, style, and finish, of his work, he acknowl
edges no superior. In addition to all this, the
quality of work considered, all who desire to
practice economy, having work tube done,would
do well to give KAY’S BINDERY and JOB
OFFICE a call before they order work done
elsewhere. His prices will be found moderate,
compared with work done at the North, and
cheap compared with any other establishment in
the whole South.
JUST AS WE PREDICTED.
The following item we commend to the seri
ous consideration of every Southern voter.
“A committee of the New Hampshire Legis
lature, to whom were referred the resolutions of
the Maine Legislature on the subject of slavery,
has reported in favor of a union of the free States
to demand the restoration of the Missouri Com
promise, the abolition of slavery in the Djstrictof
Columbia, the repeal of the fugitive slave law,
etc.”
Not long since we advised our readers of the
Know Nothing character of the New Hampshire
Legislature. One of the fruits of its legislation
is the foregoing, to-wit: Union of Free States, to
demand the restoration of the Missouri compro
mise ; the abolition of slavery in the District of
Columbia; the repeal of the fugitive slave law,
&c., &c
This is but the beginning of the end, so far as
the North is concerned. Will the. South—will
Georgia—directly, or indirectly, give the shadow
of its countenance, to so fanatical and corrupt a
crew, whose every move is a war upon our rights
and our institutions.
COL. WILLIAM CUMMING.
In the Chronicle & Sentinel of Thursday last,
we find the following card from, we presume, Col.
William Cumming, of Augusta. Tho elevated
position which this gentleman occupies in the es
timation of every Georgian, induces us to give
publicity to the fact, that he is not now, and
never has been, a member of the order of Know
Nothings. We wonder if the blood which he
shed, during the war of 1812 with Great Britain,
and the scars which he will carry to his grave,
tho result of that war, will exempt him from the
charge of being anti-American in his feelings,
because he is not a Know Nothing ?
A CARD.
Mr. Editor — I am informed that on a list of
members of the Association commonly called
“Know Nothings,” a name was found which
some persons mistook for mine. To correct the
mistake, and prevent its repetition, I formally de
clare that I neither am now, nor ever have been
a member of that Association.
WM. CUMMING.
MR. OVERBY’S POSITION.
The following correspondence we find in the I
Chronicle & Sentinel of Augusta. We pass it
round that Mr. Overby’s position, in relation to
his withdrawal as the candidate of the Prohibi-1
tion Party tor Governor, may be understood by
the voters of Georgia. They will see from it that
he is determined not to be shoved from the track
by the Know Nothings.
Me Donough. Ga., June 20, 1855.
Hon. B. H. Overiiv —Dear Sib:—You were
nominate 1 in the City of Atlanta in February
last, by the Convention that then and there con
vened, as the Gubernatorial candidate ot the Pro
hibitory party of Georgia,
Rumor is now rife throughout the country, par
ticularly in the county of Henry that you anticipate
“comieg down” and decline running the race.
Will you, for the benefit of the cause and satis
faction of your nuTerous friends answer as to the
truth of this prevalent report.
I am, very respectfully, your friend and fellow
citizen, Gkobsb M Nolan.
Atlanta, June -'2d, 1855.
Geo. M.Nolan. Esq.—Dear Sir:—Yours of
the 20th inst. came to hand this morning. You
say “rumor is now rife throughout she country,
particularly in the county of Henry, that you,
(I.) ahticipate ‘coming down’ and decline run
ning the race."
The rumor is without foundation in t nth. I
acepted the nomination from the Prohibition
Convention of Georgia, and will, in good faith
maintain that cause; until, that party directs other
wise, my name will not be withdrawn.
Y'our friend, B, H. Ovbrbv.
CAPT. NELSON’S RESIGNATION.
We have neither time nor space for comment
to-day. in reference to the causes, most extraordi-
I nary ones it must be confessed, that have caused
the resignation by Captain Nelson ot the office
of Mayor of this city. To them we shall refer in
a future number. For the present, we call at
tention to his address to our citizens.
Horrible.- Children killed and- at- n by
hogs.— A Mrs. Abashaba Ellafield, wife
of Thos Ellafield, beeame deranged about
twenty days ago, and left home, taking
with her two small children, one aged
about two years and the other about tour
years. Search was made by her friends
through the woods for a space of twenty
days, when she was found in a frighful
condition, and the two children were found
eaten up by the hogs. They had evident
ly been killed, as the skull bones of each
had been broken. The maniac mother is
now in charge of a friend a couple of miles
from this city, in Perry township.—Evans
vilit (Ind.) Enquinr, 2bA ult.
“ ERROR CEASES TO BE DANGEROUS, WHEN REASON IS LEFT FREE TO COMBAT IT.”— Jsffbbson.
ATLANTA, GEORGIA. FRIDAY MORNING, JULY 13, 1855.
DOCTOR LEWIS’ LETTER.
The letter of Doctor Lewis hich we publish ;
to-day, proves, if proof be necessary, ofwhatsfer- I
ling stuff he is composed. How small the trick-.
stern of the fifth district, who have been endeav-1
oring to stir up strife between this gentleman, and |
his political associates, feel, when they see his |
letter. They will hereafter, we hope, profit by i
the lesson which his manly course should teach |
them. We have known Doctor Lewis from our j
youth, to the present day, and expected from him,
just what be has done, in reference to the final j
action of the Convention in his district. Those
who looked for, and urged upon him, directly, or j
indirectly, another course, did not know the
man.
judge lumpkin’s ’letter of ac
ceptance.
The reader will find in our issue to-day this ad
mirable letter. We invite their special attention
to it.
As the “ Standard Bearer” for the Fifth Con
gressional District of our State, the Jndge will
lead his forces on to a glorious victory. The
mixed opposition to his election will dwindle
down to comparative insignificance long ere Oc
tober arrives. The sterling political and personal
integrity of John H. Lumpkin; will exercise a
powerful moral influence in Cherokee Georgia,
as it has in days past, exercised in our national
councils. At a juncture like this, we doubt if the
Convention of the fifth district could have, under
all the circumstances, made selection of a candi
date to represent it, so acceptable to the voters
whom thev represented. By an overwhelming
majority, they will ratify the nomination at the
polls!
GOVERNOR JOHNSON.
At the celebration of the Fourth of July, by
the “ ’76 Association” at Charleston, South Car
olina, the following was among the regular
toasts:
“Governor Johnson, of Georgia: Placedin
the van of the battle for Southern Rights, and of
courage and sagacity equal to the position ; when
he gives the signal, South Carolina will promptly
take her place in the picture.”
The compliment paid to Governor Johnson, i a
not undeserved He is now indeed in the van
of the battle for Southern Rights, and possessed
of both courage and sagacity for the position im
posed upon him, by the late Convention. Be.
fore the people at Rome, a few days ago, he made
an impression which the Know Nothings in tha t
section of the State will find impossible to eradi
cate. And on Saturday last, he was in Colum
bus, where, we feel confident, a like result will be
the consequence.
In response, however, to the compliment paid
him by the “Society of ’76” at Charleston, we
have simply to remark that Georgia well knows
and fully appreciates, when the “signal" is given,
the mettle of the Palmetto State. Second to no
State in the maintenance of the constitutiona
rights of the Souh, she will be second to none in
the resistance of their encroachment, when the
time comes. Be that time a long or short one,
that she will strike with power, and effect, her
history, and that of her gallant sons, tell fully,—
Long may this noble State continue to set its pa.
triotic example of resistance to wrong, and main
tenance of right, to her sister States ol the South
[For the Atlanta Daily Examiner.]
Atlanta, Ga., July 7th, 1855.
To the Citizens of Atlanta:
Having resigned the office of Mayor last night,
decent regard for public opinion as I conceive
makes it my duty to make known to you the
causes.
Since I have held the office of Mayor it has
been my only aim to discharge my duty with an
eye single to the best interests of the city. I have
known no one in the execution of the City Laws.
The Council last night saw proper to step for
ward and arrest the operation of the law, and of
course I could be of no further use to the city by
holding the office, and could, under no circum
stances, do so without compromising my own
self respect, which all candid minds must admit
after reading the following statement which was
the cause of my course.
On Friday, two young men were brought be
fore me, charged with disturbing the peace and
quiet of the city by quarreling and using profane
language in the streets. Evidence was heard
and all the witnesses, those for the defence as
well as those on the part of the Council, swore
that these young men did quarrel and curse in
the street, and that one of them was guilty of
malicious niischiefby mutilating the sign of a
citizen.
Under the 7th Section of the Ordinance for
preserving the peace and good order of the
city—
“ Any person who is guilty of quarrelling, or
using obscene, vulgar or profane language or
malicious mischief or otherwise acts in a disor
ly manner, shall be liable to a fine of not exceed
ing fifty dollars and cost.”
Under this Section, (which is the one under
which at least nine cases out of ten coine up,) I
fined one of tho young man fifteen dollars and
the other one (who, in addition to quarreling
and using profane language, mutilated the sign,
and admitted, while on trial, te was so drunk
he did not recollect anything he did do,) I fined
him twenty dollars.
There was an appeal entered in both cases
and the Council, or a majority, after hearing the
evidence (w'hich was positive as the violations
above) reduced the line of the first from fifteen
to five dollars, and in the second remitted it en
tirely.
I felt that the moral effect of such a course on
the part of Council would he to bring me and my
decisions into contempt, and that I could not be of
any use to the city.
I did it in no captious spirit, and lay no claim
i to infallibility—but when I feel and know lam
right, I have not the facility that some possess of
' yielding to what I believe is wrong.
I cann >t close this communication without
| showing the contrast between the action of Coun
' cil in this case, and in some others that have been '
; brought before them.
In an appeal case tried not long since, one of I
| the principal movers in this case, Mr. Clarke,
j moved to increase the fine of the defendant five |
j dollars, which was already made twenty by me. I
The offence was for boisterous singing, and was '
j barely sustained by the testimony, still Mr. C.,was
' eager to increase it.
| In the case last night, with proof positive that
Webb violated the Ordinance in three distinct of
fences, Mr. C., moved that this fine be remitted,
and Council carried the motion.
I have no comment to make upon such a course,
xccptto say, that as I understood the Laws they
were for all, and that when I swore to execute
| them, 1 made no exceptions in favor or against
| any one,either American, Irish. Jew, or Gentile.
: 1 have felt this much due to myself, and at leasi
' that poriion of the public who have encouraged
| me by their aid and support.
| In taking leave of the police officers of the city,
] I beg leave to tender them my thanks for their
' unbornt kindness and courtesy, and I willingly
I bear testimony to their prompt discharge of duty
i in which I ever endeavored to encourage andsus
-1 tain them.
I remain, fellow-citizens, your ob’t, sv’t,
ALLISON NELSON.
Special Correspondence of the Examiner
New York, July Ist, 1855.
The oldest “ inhabitant ” says that this
has been the coldest Spring he remember
to have experienced in this region for ma
ny years ; and, in truth, it has been, so
far, a very cold season. We have not had
three line days —that is, regular clear, sun
shiny warm days—since April. The
Know Nothings aver that on account of
the immense number of Foreigners in this
country, the climate is becoming more
European. It is said in certain high of
ficial quarters that when “ Sam ” occupies
the White House, Congress will be reques
ted to examine into the weather in order
to have it cleared. In a city like this
even the most superficial mind may see
many things to excite surprise. Wljat
curious statistical information might be
picked up about the streets and strange
phenomena witnessed in the various phas
es of life, where there is such a strange
agglomeration of humanity. As regular
ly as the tide water flows into our Bay,
the’living tide of mankind flows into the
Bays, channels, and recesses of industry ;
nor does the one ebb into the ocean, to
gather renewed freshness, with mere reg
ularity, than the other recedes from its
daily toil, in order to reinvigorate for the
toil of the ensuing day
During the hours between six and eight
in the mornings the leading avenues of
the city, Broadway, Bowery, and Chatham
street, present a spectacle truly wonder
ful. Thousands upon thousands, pressing
themselves out from the upper part of the
city, into the lower, where the great mass
business is carried on. It is somotimes
impossible to stem the tide upon the side
walks, snd persons anxious to get up town
between those hours, must either get in a
returning omnibus or run iminent risks of
shattered garments, broken toes, and
bruised sides. The rich banker of Wall
street jogs side by side with the coal car
rier; the editor of the fashionable evening
paper is pushed out of the way by a" il
literate shoe black, who is anxious to get
down about the ferries before the mud
caused by the last nights rain, has become
dry. As, perhaps, his daily bread depends
upon his expedition, the comfort of every
one in his way is sacrificed to his haste.
And here a drop of philosophy which seems
ready to fall from my pen suggests the
similarity between the shoe black, and am
bitious politician, who sacrifices everything
fr’ends, feelings, affections, to obtain the
end of his desiaes.
Between eight and nine in the morning
our streets are comparatively quiet. Then
different classes take alternate procssion ev
ery hour until four in the afternoon ; when
the morning tide sets back with a tremen
dous current, that does not lose its force
before seven in the evening. Between
inne and ten the large wholesale dealers,
and speculators in stocks, their faces full
of important anticipations, walk leisurely
down Broadway to their offices. The next
hour sees some literary men, a few men
of leisure, and an occasional lady of fash
ion make their appearance. About one
o’clock fashiondom and tendom begin to
stir briskly along Broadway; between that
hour and three, nearly all the beautiful
faces in the city, on a fine day, make their
appearance. At three they gradually be
gin to disappear, until about four, they
have almost entirely made way for tne
morejplebian part of the community, who
begin to return from their labors. It may
seem strrnge and in fact it is strange, that
mechanics, and laborers remain in the
city, where they are nearly one half the
time out of employment, and where
they are at all times subjected to the
annoyances of the fluctuation of trade,
while the Great West that opens up her
anus toreceive them, and pay them ample
renuneration. The tradesmen here appear
to prefer pent up, till ventilated lodg
ings, damp cellars, summer complaints,
cholera, and all the native, as well as the
imported infections, to green fields, the
sweet aroma of wild flowers, good health,
and the high flow of enjoyment that fol
lows a life of independence. Last winter
while there were thousands of working
men in this city that were obliged to de
pend upon soup bones or starve, there
were advertisements in the western papers
offering the greatest inducements to la
borers, and mechanics of all kinds, yet our
starving population could not be induced
to leave the city. There appears to be a
sort of fascination in the never ceasing
turmoil of the metropolis that holds per
sons while they are being destroyed, like
the secret power the serpent has over
its prey while it is being devoured.
There are now thousands who can
scarcely keep from starving ; that could
not be induced to leave the city by any ar-1
gument less potent than a posse of ponce: I
and hundreds who would not exchange
their bed of grass in the park, or the soft
side of plank in the station house, for the I
most luscious couch a country village can
afford. Why these things are so I will
leave for an answer to more experienced
heads. New York is unusually dull, there
is nothing doing and every person appears
Ito be doing it. About the only thing of
j any interest is the World’s Medical Con
' gress. The persons connected with this it
i is said, have performed several remarka
i ble cures since the commencement of their
| session, and persons are coming from all
| parts of the country to place themselves
under tieatment. It strikes me that it is
possible for such an institution to do much
good.
Mayor Wood has instituted a complaint I
book in which all who feel themselves i
aggrieved may set forth in detail the cause '
;It seems destined to effect some good I
j although the major parts of the complaint j
, are against dogs, dirt, and loafers. Some
* dogs are being complained of as being
noisy, some as being cross, and not a few
give offence by their surly looks. As the
complaints against dirt have been posted
up at the corners since the time of the old
dutch Governors the present ones do not
exact much attention. Loafers are how
ever a modern institution. They are, in
fact, the standing nuisances of all our cor
ners, the terrors of women, and the con-
tempt <>f all respectable persons. They
will probably be put down after the Maine
law comes in operation ; or, what is likely
to come to pass sooner, when the milleni
um sets in.
Great preparations are being made in the
musical and dramatic world for the Fall,
and Winter seasons. Some of our mana
gers, and opera jobbers, are about to visit
Europe in order to engage the most brill
iant array of talent that has ever appeared
before American audiences. Julien the
great composer and musical conductor will
certainly pay us another visit before next
winter. GEORGIA.
COMMUNICATED.
TO THE PEOPLE OF GEORGIA.
I notice that the Georgia Citizen is
urging the claims of Garnett Andrews to
the chair of State.
Now while I have the kindliest feelings
towards the Editor of the Citizen, I can
not but unqualifiedly reprehend such reck
less endorsement of a man whose wanton
corruption has made him odious and con
temptible to all generous and liberal mind
ed men.
It is well known that Garnett Andrews
is the Judge who once excluded two re
spectable Universalists from their oaths
in a Court over which he presided,
ly on account of their religious’principles.”
At the time this decision was made Dr
Andrews “ took up his pen in opposition
thereto, as unjust, unconstitutional, and
absurd,” “being then,” as he says, “in
a position to feel the baneful effects of the
decision but now, I suppose, not being
in such a position, takes up his pen in
favor of the decision.
The Dr. seems now to think that said
judge in the absence of any statutory pro
vision, under the “ Common Law of Eng
land,” was bound to make the decision;
and thus seeks to exculpate him from the
charge of ignorance and corruption in a
decision made, he says, “20 years ago.”
He further argues that “subsequently,
and arising out of the case, the Legisla
ture passed an act placing the testimony
of Universalists on the same footing with
that of other classes.”
These statements are presented in a
false light calculated to mislead the un
suspecting, and simple justice requires
that the public should be apprised of the
.* te of the decision, which I consider an
unconsciencious outrage upon the senti
ments and feelings of the people of Geor
gia.
In the first place, the decision was made
only 15 years ago, when judges were not
considered so awfully moon-struck as some
might imagine. “Twenty years ago,’’
indeed, as though at that time the gloom
of the dark ages overspread “ the Empire
State of the South 1”
And the act of 1841, to which he refers,
makes no allusion to “ the testimony of
Universalistf,” whatever; granting that it
ooes, the inference might arise with some,
that before the passage of the law they
were not considered competent witnesses.
The Act simply declares, “That from
and after the passage of this act, ‘no per
son shall be excluded from testifying as
a witness in any of the courts of law or
equity in this State; or be deprived of his
or her oath or affirmation touching any
matter or thing where an oath or affirma
tion is necessary to secure any right or in
terest whatsoever, by reason of any reli
gious opinion such person or persons may
entertain or express: Provided, nothing
in this Act shall prohibit such disabilities
going in evidence to the jury to affect the
credit of such witness or witnesses
which at most, amounts only to a declara
tion of the “ civil rights ” already guaran
teed by the Constitution of the State; so,
Garnett Andrews need not calculate too
largely upon the lapse of a few years and
the negligent distortions of his friends I
The stigma of this decision is set too deep,
and is as dark as the corruption that en
shrouds the heart of Garnett Andrews with
the dire gloom of remorse I
It may be true that the Act grew out of
the decision, but the Legislators in passing
an act to control corrupt judges, had bet
ter sense than to assume that Universal
ists had been outlaws iu the State of
Georgia for nearly a hundred years.
“The common Law of England,” in
deed I Even in England, at the time of
our adopting statute, conflict of opinion
existed in regard to religious witnesses, —
and the rule of competency had greatly re
laxed ; and in the United States, at the
time of Andrew's decision, it was general
ly considered as “settled” lawtnat a be
liefin a supreme Being who will punish
sin in this life only, was sufficient reli
gious test of competency.
Indeed, in the entire absence of any
statutory provision, it seems that the ex
clusion of such witnesses would be incom
patible with our forms of Government—a
mockery upon our boasted land of religious
toleration. But let us come still nearer
to the glaring outrage of this corrupt de
cision, that its awful deformity may be felt
and abhorred !
In addition to the facte stated, our
own State Constitution then and now de
clares that
“NOONE RELIGIOUS SOCIETY
SHALL EVER BE ESTABLISHED
IN THIS STATE IN PREFERENCE
TO ANOTHER, NOR SHALL ANY
PERSON BE DENIED THE ENJOY
MENT OF ANY CIVIL RIGHT MERE
LYON ACCOUNT OF HIS RELI
GIOUS PRINCIPLES.” Society—the
boon for which the unrestrained natural
liberties of man are surrendered—becomes
a burlesque and a mockery when the wor
thy members of the social compact are
denied their sacred “civil rights.”
What then is “civil right?”
It is “the right of personal security,
the right of personal liberty, aud the right
of private property,” controlled, guarded,
protected and secured by the laws of the
I land.
, Now, under the forms of our govern
ment and laws at the time of the decision,
i would not fhese “ civil rights ” be denied
in the disability imposed depriving a cit
izen of his oath in a court of Justice,
merely on account of his religious princi
ples t
In view ot the American Constitution,
American law, and the Constitution of
Georgia, in the absence of any statutory
provision, would you deny the oath of a
Baptist, Methodist, Universalist, Catholic,
or Episcopalian in a Court of Justice
against the robber, the thief, the midnight
Assassin ?
Could you discriminate against the
Universalist, and when his civil rights
should be invaded—his children murdered
and his house and his homestead laid
waste, would you deny him his oath to ar
rest the infuriate mob, and his oath in a
Court of Justice to bring them to the pun
ishment incurred by the foul aggressions
upon his civil rights ? If so, how could
he enjoy rights around which no shield of
protection is thrown ?
Suppose in such a case six good and
worthy Uuniversalists should stand by and
witness the outrage, and two ot the mob
to screen themselves from impending dan
ger, should have three of them arrested
arraigned and put upon trial for their life
and one of the accused was the only son
of the heart-stricken father left to soothe
and cheer his desolate home ? Would
you, could you deny the father bis oath
and the oath of the other three in behalf
of oppressed innocence, in behalf of jus
tice and mercy ?
W ould not it be a violation of one of his
most sacred civil rights for his own dear
son of tender years thus to be dragged
from his paternal care and affection and
sacrificed at the ruthful hands of violence,
when his oath might restore the innocent
son to his rightful possession and bosom
of his love? It is only by oaths that many
civil rights, rights of personal security,
personal liberty, and of private property,
can be enjoyed. The law has so ordered
and controlled these rights. Rights with
out remedies for their invasion are sol
emn mockeries. Tell me not that my
civil rights are not denied, when the mid
night assassin robs me of my possessions,
and merely on account of my religious
principles I am disarmed of the power to
bring him to justice, and thus am left a
prey to the merciless violence of outrage
that wantonly tramples me down in the
dust with impunity ! My personal liberty
becomes a mockery, when my body is im
prisoned and chained and fettered and
tortured by cruelty and revenge, and
turned loose perchance a miserable outcast
upon the bosom of society, inviting aggres
sion at every step, like a frail bark with
out rudder or compass driven upon the
threatening waves of the stormy sea,—be
cause forsooth, between the State of Geor
gia and the invader of my sacred rights—
the only way in which public justice can
be maintained; my voice is hushed for
ever. Public justice is as much mine as
yours when it becomes a part and parcel
of the safeguard and protection of my
“ civil rights.” Would you allow the
Universalist community to be molest
ed. disturbed and annoyed, and the
firesides of the inhabitants nightly as
sailed and sacrificed by the lawless un
restrained by their oaths the only means
provided by law to stay the hand of vio
lence and bring it to justice ? If so, could
they enjoy their civil rights ? To assume
such a position in this land of laws and
oaths, is preposterous. And yet, Dr. An
drews says that the AntZreto’s decision in
the face of the law, justice, reason and
the constitution of Georgia is a “conscien
tious” and “consistent” thing—being
founded on “the law of England.” It is
true that “ the old cases at common law
upon the competency of witnesses had
gone upon very subtle ground,” but long
before our adopting statute the rule had
relaxed. What says sir William Black
stone : “ All witnesses, of whatever reli
gion or country, that have the use of their
reason, are to be received and examined,
except such as are infamous, or such as
are interested in the event of the cause.’’
“Jews, Turks aa i Heathens, contrary
to the.opinion of I a Coke, are now held
competent witnesses aud sworn according
to the ceremonies o' • heir religion respec
tively.” And it seems sufficient if he
believes in a God who will reward or pun
ish him in this world Saunders—
. is the I deduct ion after referring to some
conflict of opinion.
“Jews, Turks, Infidels—persons of all
denomintations, excepting only utter
atheists (or such as profess to be) may be
witnesses:” Greesly, Equity, Ev., Page
65, —see notesand references
“Sir Matthew Hale, to whom the want
of care or zeal in protecting the religion
of his country can never be imputed,” |
once observed that it was a very hard
case if a murder committed here in Eng
land in presence of a Turk or Jew, that
owns not the Christian Religion, should
be dispunished,”—and afterwards, it was
solemnly settled by Lord Hardwick, Chief
Justice’s Willes and Lee, and Chief Baron
Parker, that “the testimony (even) of all
infidels, who are not atheists, was to be re
ceived
In Massachusetts and several other of
the States these doctrines had been con
firmed by decisions in the abscence of
statuary provision, and though the rule of
competency embraced those who believed
in the existence of God, and a future
state of rewards and punishments it did
not exclude infidels who were not atheists,
much less Universalists who believe in a
Supreme Being, who will punish man ac
cording to his works.
Bouvie says that such is the “ settled ”
law.
Greenleaf says : As to the nature and
degree of religious faith required in a
witness, the rule of law, as at present un
derstood, seems to be this that the person
is competent to testify, if he believes in the
being of a God, and a future state of re
wards and punishments; he adds, imme
diately, it may be considered as now gen
erally settled, in this country, that it is not
material whether the witness believes that
the punishment will be inflicted in this
world or the next. It is enough if he has
the religious sense of accountability to
the Omniscent Being who is invoked by
an oath;” and he refers to the English
Authority of Omichund vs. Barker.
With these influences crowding around
his mind, and the Supreme law of the
land— no person shah be denied the enjoy
ment oj any civil right, merely on account
of lus religious principles, in trumpet
tongued voice of liberty, ringing in his
ears, Garnett Andrews has ignored Amer
ican law, American institutions, and laid
violent hands upon the Constitution and
laws of one of the States of the glorious
American Republic; and now should he
have the audacity to aspire to “the Chair
of State,’’ I call upon Methodists, Presby
terians, Universalists, Baptists, Catholics,
Episcopalians, the religious freemen of
Georgia, the Patriots and friends of liberty
to scorn the ignoble ambition which may
seek the forms of Tyranny to crush the dear
est birthright of American freemen 1 Not
that I hate Garnett Andrews, but I “love”
principle, justice, truth, libterty, my coun
try “more!”
Garnett Andrews for Governor of Geor
gia? Patriotism, forbid it! Rather let
Universal execration enroll his name upon
a scroll of oblivion, and as it shall be toss
ed to and fro by the dreary winds of dark
ness, let future generations forget that the
incubus ever darkened the sky of Ameri
ican Liberty.
All liberal papers will please copy.
MARCUS A. BELL.
Atlanta, June 30th, 1855.
— I
[For the Daily Examiner.]
Mr. Editors:—Permit me to have a
small space in your columns, to chronicle
an exhibition, which took place on the
30th ult., at Mr. W. C. Parker’s school,
in the county of Campbell. The examin
ation being generally known, many were
out to witness the exercisos.
After assembling at the ikcademy many
clases were examined. And at half past 11
o’clock, the audience were highly inter
ested by an address from Mr. M. H.
Looney, of Palmetto, on the subject of
education. Truly this was an effort that
I have never heard excelled.
After which address the audience and
j school being dismissed for an hour, when
the exercises were again resumed. Mr.
Parker the principal then proceeded to
examine several classes in Philosophy,
Geography of the Heavens, Arithmetic
and English Grammar, all of which class
es acquitted themselves with honor to
themselves and the teacher, evincing
clearly to the audience, their high-abil
ity to comprehend, and the ability of
their teacher to “teach the young ideas
how to shoot.”
An Exhibition came off at night, the
acting of Dialogues was good. Composi
tions were read by some of the young
ladies. Permit me to say that those read
by the three young ladies Henrietta Wil
son, C. V. Barker and E. C. Barker can
not in my judgement be excelled in any
of the highest Schools of Georgia.
i Mr. Parker deserves great credit as a
teacher and the impression he has made
will remain when he has left the stage of
action. Not only will they live with him
but they will when he is gone. The
sunshine and joy that the impression he
has made upon the minds of his students
will redound to the happiness and pros
perity of future generations. The whole
exercises gave universal satisfaction to the
patrons of the Institution, and reflected
high honor upon teacher and students.
C. C. H-
[From the Rome Southerner.]
Judge Lumpkin** Letter,
Calhoun, Ga., June 13, 1855.
Hon. John H. Lumpkin,—
Dear Sir: At a Convention of the De
mocratic party of the sth Congressional
District, convened yesterday in this place
you were unanimously nominated as the
candidate of that party for Congress, at
the ensuing election in October next; and
the undersigned were appointed a commit
tee to announce to you the gratifying re
sult and request your acceptance. In the
performance of this duty, permit us to in
dulge the hope, that you will comply with
the unanimous wish of the Convention,
and, as we believe, of the entire Democra
cy of the District. We have an abiding
faith in your ability to bear the Democrat
ic banner triumphantly in the coming
contest, exciting as it promises to be ; and
with renewed assurances of the pleasure
it affords us to perform this duty, and of
an earnest hope that you will consent to
be the candidate of the party, we remain,
Your Fellow-citizens,
H.T. PRICE, )
WESLEY BHROPSIRE, I
R. M. YOUNG, J-Com.
B. F. CHASTAIN,
W. A. FORT,
Rome, 27th June, 1855.
Gentlemen : —I am in the receipt of
your letter of the 13th inst., advising me
that the Convention of the Democratic
party of the fifth Congressional District,
bad unanimously nominated me as their
candidate for Congress at the ensuing
election, and urging my acceptance of the
same. The circumstances which influ
enced the Convention to use my name,
and the unanimity which it secured to
their action finally, indicate so clearly the
wishes of the people who were represent
ed in that Convention, that 1 do not feel
myself at liberty to oppose any personal
and private views and interests to this
public requisition. It has been my good
fortune to represent the people of this
District in Congress, for the term of six
years, heretofore, and it has been the
source of my greatest happiness at all
times since, to feci and know that I en
joyed, in full and overflowing measure,
their generous confidence and cordial
support. The honor conferred on me so
freely when young and inexperienced, im
poses the ooligation on me now, to disre
gard any and all sacrifices of a personal
and private character, to comply with
their wishes.
I have carefully examined the resolutions
adopted by the Democratic Convention,
which assembled at Milledgeville, and I
yield them my cordial approval. lam
well satisfied that they furnish the only
true basis of a union of all at the South,
inasmuch as they will be placed on a line
of co-operation and party association with
WM. KA / PROPRIETOR
NUMBER 46.
the friends of our institutions in the North
ern section of the Union. The Whig
party have been disbanded, because the
Northern division bad become abolilion
ized, and no person at the South could,
consistently with his constitutional rights,
continue his party association with them.
The question of slavery has become
paramount importance, and that man who
neglects tha means of ascertaining who
are most worthy and reliable, does not ful
fil the duties that he owes te the interest
ol his State—as a member of the Union.
The enemies of Southern institutions,
composed of freesoil Democrats, Northern
Whigs, and Abolitionists, combined se
cretly in an oath bound political organiza
tion, commonly called Know Nothings,
(but claimed to be the native American
party,) and openly tendered to the North
ern Democracy these great issues—oppo
sition to the Kansas Nebraska Teiritorial
bill, opposition to the repeal of the Mis
souri Compromise line, opposition to the
admission of any other slaveholding States
into the Union, and opposition to tne ex
ecution of the fugitive slave law passed by
Congress. The issue so openly tendered
by the American party at the North was
boldly accepted by the Northern Democra
cy, a majority of whose representatives
had aided in consummating these measures.
In that contest they were purged and pu
rified of all freesoil and abolition affilia
tion, but the combination proved too pow
erful, and they have been temporarily
overthrown in nearly all of the non-slave
holding States of the Union. Yet, these
Kansas Nebraska Democrats are still able
to send twenty one Democratic Represen
tatives to the next Congress, who will
unite cordially with all true Southern men
in support of our Constitutional rights.
Though they have been defeated, they are
not conquered, but are now sounding the
notes of preparation in all the free States
for the inevitable conflict which awaits
them. Will any Southern man refuse to
encourage this noble band of patriots, who
have armed themselves to do battle in our
cause? They have no direct personal
interest in this question, and have had
none from the commencement of this ab
olition excitement, but yet they have, at
all times, patriotically thrown themselves
into the breach, and told our enemies and
aggressors, that if they destroyed the
rights of the South secured by tne Con
stitution, it would be only after they them
selves become the victims of ther fanati
cal rage and overwhelming power. Is
there any other portion of the Northern
people from whom we can hope for succor
and support in any contest on this ques
tion ? The failure of the two sections of
the American party, to agree in National
Council, on a national party creed, is suf
ficient to satisfy the most confiding parti
zan, that, in the Northern division of that
organization, there never was enough of
attachment to the Constitutional rights of
the South, to give them the ascendency in
a single Congressional District at the
North. 1 would ask, in all sincerity and
candor, where else can you look for co-op
eration to protect your rights but in the
ranks of the Northern Democracy? And
is it not remarkable that Southern men
will still refuse to co-operate with the
only party that can be found at the North,
who have shown themselves worthy of
their respect and confidence. I will not
permit myself to believe that patriotic
Southern Whigs will no longer oppose a
union with the sound and reliable Demo
crats of the non-slaveholding StatciLof the
Union from partizan bias and prejudice
against a name. The Whig party has
been disbanded, and the issues that divi
ded the two great national parties in for
mer times, have been settled upon terms
advantageous to both. A new party is
being organized to take the place of the
once powerful Whig party, with no North
ern'alliance, and with no prospect of any
aid beyond the limits of the South. How
can such a party, if successful in every
Southern State, obtain for us our Consti
tutional rights tn the Union. Cass,
Douglas, Richardson, Bright and other
Democrats at the North, have for ten
years battled for our Constitutional rights.
If, however, the foul spirit of abolition
fanaticism should so weaken their power
and influence, that with their hearty co
operation we should fail to maintain our
Constitutional rights in the Union, I
shall stand ready with an unalterable de
termination to maintain in its letter and
spirit of the fourth resolution of the peo
ple of Georgia, adopted in solemn Conven
tion in 1850.
In conclusion, gentlemen, you will per
mit me through you to tender to the con
vention my acknowledgement for the hon
or conferred, and for yourselves you will
accept my thanks for the very kind and
complimentary terms you have used in
making known to me tho action of the
convention.
I am very respectfully,
Your obedient servant.
JOHN H. LUMPKIN.
Messrs, r H Price, Wesley Shropshire,
R M Young, B F Chastain and Wm A
Fort.
[From the Rome Southerner.]
Dr. Lewis.
The following letter breathes the spirit
of one who has magnanimity and patriot
ism to forget self in the triumph
of another ahd the success of the Demo
cratic party. We are sorry to know that
there are few men in the fifth District who
would act as nobly as the writer has
done.
Cartersville, 13th June, 1855.
Dear Sir : —I have just heard the re
sult of the Convention at Calhoun yester
day. lam gratified at the expression of
confidence manifested there by my friends
towards me. As an individual I ain de
feated——as a democrat lam not, nor is the
Democratic party, nor will they bo, if true
to their principles. I trust you will ac
cept the nomination. I pledge myself
not only to sustain you, but to do it cheer
fully,
Very respectfully your ob’t serv’t
JNO. W. LEWIS.
Hon. J. H. Lumpkin.