The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-20
CAN A NEGRO HOLD oFFICEIN GEORGIA

CAN A NEGRO HOLD OFFICE IN GEORGIA?
From the N. Y. Tribune.
Mr.. Justice Sohley, pronounced sly, is the
Don Quixote of Georgia. knight who re-
veres the dark ages, but cannot endure black
skin. His hatred to the colored people is 80
implacabls as to mislead his judgment and
betray his conscience. He accordingly seizes
upon the first opportunity to show his hos
tility and violate the trust reposed in him as a
Justice Of the Superior Court. But he does
one thing at least that is admirable. He boldly
meets the issue, declaring the question to be
"Can negro hold Office in Georgiar' Not so
worthy OF our respect, however, are the
solemn sophistries of this Georgia Judge, nor
the wicked judgment that follows the special
pleading of lawyer who sits an advocate upon
the bench.
II seems that one Richard w. White, who,
owing to no fault of his own, was born not
quite white, was elected or appointed clerk of
the Superior Court of Chatham county, in
the State of Georgia. Not having the fear of
Judge Sohley before his eyes, he entered upon
the discharge of the duties of his office, and,
for aught that appears or Is alleged to the
contrary, performed those duties to the salts
faction of those whom he served. But Will
liam ]. Clements, who is presumed to be a
shade lighter in complexion than Mr.. White,
was not pleased. He wanted the Office him
self, and was agonizsd in soul because he
could not get it. AS sly as Judge Schley him
self, and more intrepid than ofice-seekers
usually are, he could not be turned aside by
the meets fact that another man held the place
and was not disposed to leave it. Inspired by
the action of the Georgia Legislature he re-
solved upon deeds as noble, and accordingly
made the astounding discovery that very
vulgar fraction of Mr.. Whites ancestry
was included in that class Of whom
it was said Of old, "Cursed be Canaan"
in other words, that he is niger, per-
son of color, having one.eighth Of negro
s'blood in his veins." This fact is brought to
the notice of Mr.. Justice Schley upon writ
of quo Uarrdnto, and, without denying the al
legation, Mr.. White demurs to the complaint
on the ground Of its insuficency in Law. But
Judge Schley is big with the idea, and goes to
work to keep the niger out of Office with
almost as much elaboration as We could ex-
pect from the accomplished authoress Of
s'Beulah" and "SL. Elmo" Ignoring the pro-
clamation of emancipation, which, at the
North at least, is believed TO have had some
effect in its day, he assumes that up to 1866
the negro in Georgia was a chattel, with NJ
political rights of any maginable nature, bear
Ing In his name and race every political dis
ability. In that year, he tells us, the Stat
Convention gave freedom to the negro, an
even went 80 far as to enable him TO sue an
testify in the courts, acquire and hold pro
perty, and to marry. This creature with n
''imaginabls" political rights was even a
lowed, in the deep wisdom of Georgia's legi'
Iators, to marry. Fortunate negroes wis
Legislators the voice OF Georgia says men an
women may marry without ofense to th
lawt
But the wisdom of Georgia has found ar
oth4r vent. The fourteenth amendment,
guaranteeing to negroes all the privileges an
immunities OF citizens of the United State
Judge Sohley decides, does not convey II
right to hold Office. The Dred Scot decisio
is invoked to show that person. may be
oitizsu-"that is, a member of the comm
nity who form the sovereignty u
right 10 vote or hold office; and other cases
like character are cited to prove what Il
Judge says he would otherwise ''concede.
The point on which this wicked judgmsl
hinges is that citizenship does not include Il
rights and immunities of all citizens, where
the grant is of all the immunities and priv
leges Of citizens. 1t is the conclusion OF th
learned Judge that citizenship, ipso fac
or er vi termini. does not confer q
right 10 hold Otioe. ES " trminI