Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1855-05-29
The Negro in Georgia.
AN OPINION OF JUDGE LUMrXIy.

EcW peOplc HdVe COIIeSt iucd VI tHC
remorscless dcspoiism Of the "ihs,itu.
ton" which is sought to be transplant.
ed to Kansas--evcn at the risk Of the
disruption Of the Union and civil war.
Down in Georgia they have it in its pu.
rity, and a tolerable idea of what it is
may be gathered from recent decision
Of Judge Lumphin, Of the Georgia Su
prcme bench. We are Indebted TO the
researches Of the Evening Post for some
extracts from his opinion. The Judge
is prominent man down in Georgia,
and is considered good lawyer. He
was lately appointed Chief Justice of
the new Cour! Of Claims by the Ptesi-
dent of the United States; but We are
very happy to say, declined the appoint
ment.--.Steubenrile Union.
Iron M Opinion OF Judge napkin Recorded in Geor-
gia Law Reports, vol II, p. i3s,l
1--WE maintain that the Status OF the
African in Georgia, acAether Lond or
free, is such that he has no ciul, social
or political rights or capGcity whatever,
except such as arc Jcsio,ced on h,m by
statute; that he can neither contract or
be contracted with; that the free negro
can act only by and through his guar.
dian; that he is in a state of perpetual
mpilage or wardyhip, and that this con.
dlion he can never change by his own
volilion. That the act of manumission
conlers no other right but that Of free
dom from the dominion Of the master
| Il Of
that it does not and cannot confer clti.
zcnshp, nor any Of the powers, civil or
political, incident to citizenship; that
the social and civil degradation, result.
ing from the taint of blood, adhcres to
the descendants of Ham.in this county
like the poisoned tunic of Nessus; that
nothing but an act of the assembly can
purify, by the salt Of its grace, the bit
ter fountain, the "dafklas sea-"
"Like the slave, the free person Of col.
or is incompetent TO testify against
free white citizen. He lives under and
is tried by the same criminal code. He
has neither vote nor voice in forming
the laws by which he is governed. He
is not allowed 10 keep or carry firearms.
He cannot preach OF exort without sPe
ciaI license, on pain of Imprisonment
fine and corporal punishment. He can.
not be employed in mixing or vending
drugs or medicines Of any desert ptlon
A white man is liable to fine of $500
and Imprisonment in The common Jail a
IL. nf ha far fac h n ~ &
free negro to read and write; and if one
free negro teach another, he is punisha
BILE by fine and whipping, or fine o
whipping at the discretion Of the court
TO employ free person Of color to Sc
up type in a printing office, or any 9th
er labor requiring a kaoacledge Of read
ing or writing, subjects the oGender TO
fine not exceeding 500. do not refe
to these severe restrictions for the pur
pose of condemning them. They hav
my hearty and cordial approval. Th'
great principle Of self.preservation de
mands, on the part of the white popu
) lation, unceasing vigilance and frmness
as we'll as uniform Kindness, justice an
humanity. Everything must be inter
dicled which is calcul atcd TO render til
+. slave discontented with his condition. o
g. which would tend to increase his capa
1 city for mischief.
J., ~ =
j. The argument is, that a negro is
6 man, and that when not held to invo
S untary service, that he is free; const
G quentIy that he is free man; and. If
:. freeman in the common acceptajon
y the term, then a freeman in every al
d ceptation Of it. This pithy syllogisl
y comprises the whole chain Of reasonin
: however celebrated, on the other side.-
!. The falfacy Of it is its assumption tn
Of the. manumissions Of the negro, whi'
is signifies nothing but exemption from i
8. voluntary service, implies necessaril
8. and i.npar,s ipso tacto, all the righ'
or privileges and immunities which are i
$. cident to freedom among the free viii
Of inhabitants of this country.
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