Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-01-15

medately followed by the nomination of Ca
leb Cushing, which occasioned much surprise
in all quarters, and was matter of astonish-
ment to himself as he had made his arrange
ments to leave this country for Madrid on the
9th instant, in the capacity Of United States
Minister. As to his confirmation there is but
little doubt. 1t is conceded by all that he is
the superior of Mr.. Williams, and has un-
doubtedly the advantage of the confidence of
the public in that regard. Mr.. Gushing has
long been in the service of the government in
the capacity Of a counsellor and legal agent,
and notably so as counsel for the United States
in the settlement ofthe Alabama claims. 1t
is not generally thought, however, that Mr..
Gushing is possessed of the highest order of
judicial ability, his talents more eminently
being those ola skillful lawyer. Mr.. Gushing,
prior to the war, was identified with the demo-
cratic party, and presided over the national
democratic convention in Baltimore in 1860,
and on the division Of that body into the
Douglas and the Breckenridge conventions,
going with the latter, and presiding over
their deliberations. Though always identi-
fed as from Massachusetts,, Mr. Gushing has
for twenty years owned domicile in Virginia,
from which State he is appointed.
Stephens on Civil Rights.
In the House of Representatives, on
the 9th, during the consideration of the sup
Elementary civil rights bill, Mr.. Stephens, Of
Georgia, proceeded to read a speech in oppo-
sition to the measure, remarking, that in view
of the great Importance of the subject, he had
reduced his views to writing. The substance
of his speech is thus summarized:
The chief end of all government, whether
State or Federal, should be the protection of
right. His opposition to the bill sprung from
no prejudice against any man, woman or
child within the limits of the United States
on account of race, color or previous condi.
ton of servitude. He entertained no feeling
of that kind, and was not governed in his &C.
ton by any influence Of that sort. His opin.
ion of justice and its proper administration
was not founded on that dogma so generally
announced and so pernicious in principle,
that it should be for the greatest good of the
greatest number, but in the higher rule that
it should be for the greatest good of all with.
out detriment or injury to any. While he
did not hold the doctrine of the equality Of
races, he did maintain the great truth, how
ever paradoxical it might appear, that all
men were created equal. That great truth
had been announced first BY council Of
States on the 4th of July, 1776, but it was
never meant to convey the idea that all men
were created equal in all respects, physically,
mentally and morally. 1t was, however,
meant to assert the great law of nature, that
all men had an equal right to justice and to
stand perfectly equal before the law. In
proof of his willingness to have all natural
rights secured to colored men, he sent to the
clerks desk and had extracts read from an
address made by him to the people Of Geor-
gia; but he was opposed to this measure, or
to any one kindred to it, because of the want
of the necessary power on the part of Ccu.
gress under the constitution. He assumed
that every member would admit that the pow.
ers of Congress were specified and limited,
and that all the legislative powers which Con-
gress could rightfully exercise were held by
delegation from the people of the several
States, and he contended that no new powers
had been conferred in Congress by either the
fourteenth or fifteenth amendment to the
constitution. The proper remedy was, in the
judgment of the courts, to be rendered in such
a way as Congress should provide, declaring
any State act, in violation of the rights of
citizens, to be null and of no effect. He op.
posed the bill, further, because of its inexpe.
diency, even if the power we're unquestioned
in Congress to pass this law. He thought it
would be injudicious and unwise to exercise
it; it would be better to leave all such mat.
ters to the States. He did not believe, in
point of fact, that the colored people Of Geor-
gia desired it. Their religious and church Or
ganizations except in the case of Catholics,
were distinct from those of the whites, and
they had their own schools, even college for
colored youths They did not desire to have
mixed schools. Mr.. Stephens occupied the
floor for an hour and quarter, having had
his time extended twice. As usual, however,
in the case of written speeches, its delivery
did not command or receive the attention of
the house. The peroration was in. these
WOFuS IL you WIZ Call youl soiSeo ASoPuoAA-
cans shall, in obedience to what you consider
party behest, pass this bill in the vain ex-
pectation that the Republican principles of
the old and true Jefersonian school are dead,
be assured that you are indulging fatal de-
lusion. The old Jefersonian Democratic
Republican principles are not dead, and will
never die so long as true devoted Of liberty
lives. They may be buried for period, as
the Magma Charta was trodden under foot in
England for more than century, but these
principles will come up with renewed energy,
as did those of the Magma Charta, and that,
too, at no distant day.
NEWS OF THE DAY.
The Senate has confirmed the appoint
ment of Caleb Gushing as Minister to Spain.
Since his confirmation, the President has
nominated him for Chief Justice.
I'm accordance with the order of the Sec.