The home journal. (Winchester, Tenn.) 1858-188?, 1868-04-16
.ivil cases where the amount does not

civil cases where the amount does not
exceed one hundred dollars; and oh
serve, in all cases where the amount
does not exceed fifty dollars, there is
no appeal. Now, then, take the coun-
ty Of Dousherty, for illustration. In
this county there are about seven ne
groes to one white man. Do you not
see that every Justice Of the Peace will
be negro? Take the district with
which happen to be most familiar
the most productive, perhaps in the
State of Georgia. west Of the river, out
in what is called the "oak and hickory
country" My overscer told me the
other dly, that in the space embraced
in some three miles there were one hun
dred and twenty negroes and seven
white men. Now, then, if man have
claim there for anything less than a
hundred dollars, it is to be adjudicated
upon hy negro Justice of the Peace ;
and ifthat claim should not exceed tlf-
ty dollars, he is subject to that negro's
decision without the right Of appeal
1t does not apply simply to contracts,
or to wages, but 1t will apply, also, to
what lawyers call actions er del'cto as
well as actions ex cont,actui, for they
are alike civil cases. Hence, if the
complainant does not allege his dam
ages at more than hundred dollars it
comes under the jurisdiction Of the
Justice ofthe Peace, and when less than
fifty dollars, it shall be without ap-
peal.
Why, my friends, you nearly, if not
quite, half the State of Georgia to the
absolute control and dominion Of the
negro. You give the interests OF the
poor white people, by this Constltu-
ton, absolutely into the hands Of the
negroes, and that, too. without appeal.
NowI wish those men who are 50 con-
tinually talking about the poor man."
to hear what say. Those men who
owe large debts can afford to 60 to the
higher courts, while those who are COM
paritively or entirely poor. have no ap.
peal whatever, and must take the decis'
ion Of the negro.
Another ingenious point attempted
by y gentleman of the Convention is
this: This Constitution says that
"upright and intellgentjurors shall :"
provided Well, the law regards aii
men as upright and intelligent One
thing, however, is certain: that under
that law no member of that Convention
could serve on jury-except, indeed,
u small number. Laughter. Who
is upright? Who is intelligent? If an
Express agent can be Governor, who
cannot be Justice OF the Peace !?
Laughter and applause. If a little
Mayor can be Vice-Prcsident of the
United States, who cannot be a juror 7
Renewed laughter and cheers. Where
are we going toT
You give an appeal in cases over tif.
ty dollars and under one hundred, from
the Justice of the Peace to the Supe-
rior Court; and when you get there,
you find four-fitths to six-sevenths OF
the Jurors negroes, and your Sheriff,
and Clerk, and all other officers of the
Court. negroes also. On. but, say
some, they will elect white people
We'll, what sort OF white people viii
they elect? Twill tell You. But, first
let me say, that from this time forth the
classification Of the negro must be en-
larged. There is the black negro, the
yellow negro and the white negro. And
to tell YOU the truth, have more re-
pect for the black negro than for the
white; for God made him niger,
while the othcr-thc white onc--is n
nigger from choice. l tell you candid
ly, l would rather have a nigger JUS
tice of the Peace than one of these ad-
venturcrs or renegadcs. Now, if you
elect u Governor for the State who
!, holds that the races are equal. the great
probabilities are that he will appoint
friends of his own to the positions un
, der his control; and that he will, under
/ this new state of affairs, appoint ne
| groes to some good positions. Per
: haps he will make some Of them Dis
trict Judges, or, indeed, Circuit Judges
Why not, if they are equal!
In o great many parts OF the countr,
, they can have all the elected offices
, from members of the Legislature down
tell you no decent white man will con
t sent to live in such place, jcoparli
zing, as he will, every interest he ha
+ in the world. What will be the re
l suit Why. the planting interest il
/ such sections Of thecountry as may b
5 most affected with this evil, will be ut
8 terly destroyed, and the material pros
) perity of the country ruined.
e l could pursue almost indefnitel.
7 the analysis of this Convention, but
: shall not do it. So many thought
: rush upon me that actually shuddel
1 when see the possibility of the pee
Il pie of my country doing what no civi
:. lied country ever did, in the funds
t mental law Of the land making thos
e things equal which God declared unt
8 dual. Pictures, dark and horrid, fos
e before my vision, night and day, whe
+ l see people going along as unconcerr
edly as though there was no dange
i ahead. .... .,...
rWe have not room for more Of th
speech, but enough has been given t
! awaken little thought in the minds
]. all who are not lost to all sense of hor
r or and respect for the white people c
e this land, and who have any love 70
= ). the country and the Constitution tbs
}. msdmen now profess to act outside or
- Mrs. DR.. Mary Walker is attendin
, the Supreme Court at Utica, New Yor
4 A. - a ., n; an Of hnr hu aha n