Newspaper Page Text
VOLUME XXIII
ROME, GA., FRIDAY MORNING. FEBRUARY 5, 1869.
NEW SERIES-
Cljt Home Courier.
~Yr mVlYFLL, Prop r.
~^DbI;SHE1> EVERT FRIDAY.
bates of weekly. ^ oo
One vear- 75
I cix Months —** .^.1 00
T6r “ M KfTEsl0RTRl'-WEEKLY._^ ^
One —* * ........ 2 50
Six Months ~ 1 25
Three Months **^rV*rVrp
invariably in advanc .
TO clubs Of Five or more on.copr ts.U be
"‘cicotton Rugs wanted in exchange for the
paper at three cents per ». ^ dWIK ELL,
Proprietor.
gl OT
^n*" d Ste^ between the
lhe fir 1 M foreman end three in the
Kl “ *• "jr in the " “
W Notices 6 o^teose sale? must be given in e pub-
'■'xP^ofthe^Xof personal property smut
JKTta like manner, through . public gar-
i pre
, Notice to Deb
-“‘tCpapplicaSwilibe 'mad. to the
Court of Ordinary for leave to sell land mot be
''"ciUtion/for Tetters* of Administration, Guar-
,• rflioAe must be publishod 3b days-for
l^iMioc trom Administration, oionthly six
JX-ftr dismission from Guardianship, 40
for the foreeloseure of Mortgages must
gilpiiits
ht deceased, foi the full space at three months
^Publications will always.be continued seen d;
iug to these, the legal requirements, unless o.n
erwise ordered, at the following
RATES. .
BheritTs Sales per 1 M
Sheriff? Mortgage fi. fa. sales, per l .
Tax Collector's sales, per levy........
Citations for letters of Administration......... 3
Citations for letters ol Guardianship. 3 00
Notice ot application for dismission from ^ ^
Notfco' 616 ‘applfoation 'for diVmission from ^ ^
Appbc r at'“oT ! to P sell land...... - « f[0
Notice to Debtors and Creditors, — * 00
finis of Land, persquaro, “ Jr
Sale of perishable property, 10 days - 00
Fnrceiosnro of Mortgage, per square......... * •»
.IMI advertising his wife, (in advnace)10 0
SATURDAY MOllNING, Jnn. 30
Laying' The Corner Stone of the Steam
Fire Engine House.
The corner stone of the Engine House,
Rainbow Steam Fire Engine. Company,
No. 1, was laid by Cherokee Lodge No. 66,
F. A. M., on Thursday, the 28th inst.
The ceremonies commenced at about two
o’clock, p. m., there being a large number
of Masons, the Fire Compauy in uniform,
and ladies and gentleman in attendance.
The order of exercises was as follows :
1st. Prayer by Rev. Mr. Wilkerson,
Chaplain.
2d. Singing by the Episcopal Quire.
3d. Putting the coiner stone in place.
Upon the frontside of it is inscribed :
“Laid in due and ample Form by
Cueuokeb Lodge, No. 6G, F. A. M.,
Jan. 2Sth, 1869.
J. I. Wright, W. M., W. J. Noble,
Arch’t., J. Noble, Jr., President Company,
Z. B. Hargrove, Mayor.”
On the outside view :
Rainbow Steam Fire Engine Company
Organized April 6th, 1868.
The following articles were deposited in
the corner stone :
The names of the principal officers ol the
Federal, State and City Government; names
of the several churches in Rome and their
Pastors; number of members, of the
aereral Sunday Schools, and names
of their Superintendents; list of the
officers and members of Cherokee Lodge
Davis' Pain Killer has won foT itself
a reputation unsurpassedin the history of
medicals preprations. It is as well known in
the trading ports of India and Chinaman in
New York and Boston; and its continually
increasingdemand, where it has been long
est known, is one of ity strongest recom
mendation and best advertisements. It be
gan to bs favorably known in A. D. 1839,
and has ever since been gradually growing
into pnblio favor, till, in thousands' of fami
lies, it has come to be considered an'article
of nob necessity that they are never with
out a supply of it to resort to in case of ac
cident or sadden illness. It is not' unfre-
quentiy said of it:—we would as soon think;
of being without flour in the house as with
out Pain Killer.'” It gives immediate re
lief in case Of scald or burn, as well as in
the sudden attack of Diarrhoea, Dysentery,
orother similar affectionsof the bowels; and,
being an entirely vegetable preparation, it
is as safe as it is reliablo.
The promptness and certainty with which
it acts in relieving all kinds of pain,makes
it eminently worthy its name—pain kill
er—a name easily unde stood,and not easi
ly forgotten.
In Cholera it has been eminently suc
cessful,curing hundreds of the severest ca
ses, and never, to our knowledge, having
failed in a single instadco when used ac
cording to directions in the earlier stages of
the disease.
No medicine has been more successful in
ouring Fever and Ague. For a sudden
Cold it is almost a specific. Rheumatic and
Neuralgic affection* give way to it when all
other remedies have failed. It is eminently
a Family Medicine, and by being kept for
immediate resort in cases of accident or
sudden attack of disease, has saved many
an hoar of suffering, and many a dollar in
time and doctors’ bill.
DECISIONS
OF THE ...
Supreme Court of Georefon
Delivered at Atlanta, Jan. 28, 1889.
FURNISHED BY N- J. HAMMOND.
SUPREME COURT REPORTER, EX
, -PRESSLY FOR THE CONSTI
TUTION.
Repairing Clocks.—J. M. Harris, of
Polk county, will repair clocks. See ady.
Warning.—N. H. Bass warns all men
against employing certain freedmen the
current year, as they are under contract to
work for him. See adv.
Cotton Market.—This great staple
continues firm in this market—a good arti
cle commanding 26} cents. Wheat has
advanced a little—red now selling for $2a
2 10.
Cave Spring Hotel,
Mr. Thos. H. Booze has purchased the
Haynie House, and is now keeping a first
class hotel there. He also, keeps horses
and vehicles to hire, and parties can get
from him conveyance to Cedartown, Van
Wert and elsewhere.
Valuable Property la Cave Spring lor
Sale.
The Haynie Hotel Property at Cave
Spring—including the hotel building, two
store houses, two Livery Stables and two
and three-fourth acres of land—all lying in
the centeT and most desirable part of the
village, is offered for Bale. The price ol
this entire property is four thousand ; dol
lars. The property will now pay good in
terest on five thousand dollars,.and is rap
idly increasing in value.
Profits of Banking,
We would invite especial attention to an
article we copy to-day from the Macon
Messenger, on the profits of National Banks
in Georgia. It will be noticed that the
No. G6, li-tof officers and members of the stockholders have received 20 per cent an-
Fire Company, together with their Consti-! nual dividends, and still hove an undivided
tntion and By-Laws; copies of the Tri- profit, in three years, of over 25 per cent
of the stock. This makes the annual profit
over 28§ cents on the stock, even m the
Weekly and Weekly Courier and Com
mercial; the following United States coins
viz : 50 cents, 25 cents, and 5 cents, a Con
federate bill, oue dollar city currency and
10 cents fractional currency; and a copy of
the Ode sung on the occasion.
The Architect having stated that the
eorner stone was in place, it was tried and
veriGcd by the W. M., with the square,
level and plumb.
After the reading of appropriate pas
sages from the Saered Scriptures, the Corn
of Nourishment, the Oil of Joy and the
Wine of Refreshment, were respectively
poured upon the corner stone. The prac
tical tools were then turned over to the
Architect, who was instructed to finish the
building according to the design. Col.
Wright, the Master of the Lodge, then de-
livereda short, but very interesting and
appropropriate address, after which the
“Grand Honors” were given, another song
was sung, and the Assembly dismissed with
a Benediction.
The ceremonies all passed off in good
ntyle. and in a manaer quite pleasing to the
fraternity, and interesting to the uninitia
ted.
The Fire Company, dressed in their new
uniform, made a beautiful appearance, and,
we have no doubt, will do good service with
their fine engine when occasion, shall
require. The Engiue House is located just
below Norton’s corner, in the cross street
early part of the Bank's existence, when
many ^expenses of a permanent character
are incurred which will.not.have to be- ra-
Reductlon on Money Packages.
The Southern Express Co. now transmit
iloney Packages, containing 825 or less,to
»“y point in their territoiy for 25 cts. also
all heavy packages of freight from Rome
to Selma for one dollar per 100.
Railroad Accident.
at rtl* ^?? ount °f the switch being misplaced
. the Kingston “Y” the Rome train ran
ato a Freight Train standing there, last
1 anrsday night. The damage, though not
j?? Prions, disabled the engine, and on
“a account the Rome train was delayed
until 6 o’clock next morning.
* hke Yonr Returns for Intfome Tax. -
onfV CS ^ rn80f ineome and profits are re-
Maro.h^ q C Ulad< i onor before the 1st of.
See notice of J. J. Armstrong,
We need, greatly need, a bank in Rome.
Why not have it. It takes but a little
money—8100,000—to start one of mini
mum capital.
John H. Subrattto write a Book.-
The Washington correspondent of the Bos
ton Herald says: _ -
“Surratt is now in South America, but
will return here in a month. I learn from
one of his friends that he has prepared a
full and explicit statement of the conspira
cy which resulted in the death of President
Lincoln. In this he denies all' knowledge
of any assassination plot, but confesses free
ly that Booth and himself and others were
in a plot to abduct Mr. Lincoln. He de
clares that assassination was never spoken
of to him, and was not agreed on by Booth
and Paynr until the night it took place.
He further insists on the ontire innocence
of his mother, maintains that every effort
was made to keep the abduction plot from
her knowledge, and says she was simply the
victim of unfortunate circumstances and
macuinations of the witness Welchman,
whose evidence, it will he remembered,
caused Mrs. Surratt’s conviction. Surratt
proposes to tell the good, bad, and indiffer
ent, and make an oath to it- He -feels,' it
is said,'that it will be so impartial and
straightforward that it will he. believed.”
— Out at the end of the'Central Pa-_
cific Railroad track they have a complete
blacksmith shop permanently fixed on a
Wagon. It is moved along about three times
a day to keep pace with the Workmen. One
team is detailed regularly to move the
blacksnith shop!’ .-. ,
*®u.Ex-Chanecllor W. W- Mason, of
Tuskegee, Ala., died there Thursday night.
We believe he, was a r native, or at least
former resident of Putnam county, in this
State. ...
One Bandit Chief to Another Greeting.
Memphis, Jan. 26.—We learn On good
authority that Clayton has made a requis-
ition on Governor Brownlow for the arrest*
of the young men who have fled hither
from the;mnrdering horde that he calls his
loyal militia That Brownlow has approved
of the requisition; that they are to be forth
with arrested and turned over to the ten
der mercis of these blood-hounds to be mur
dered as Harney, .McAllister and- Ticer
were. -»We are also informed that it is his
intention apply for the arrest of several
others not mentioned in the first requisi
tion.—Hash. Banner.
Cutts & Johnson and James Stewart, plain
tiffs in error, vs N. A. Hardee, defend
ant in error.- From Sumter.
BROWN, C.J—1..While the courts
have the power, and it is their duty when a
proper case is made, to declare acts of the
Legislature unconstitutional and void, snch
acts are always presumed to be constitu
tional, and the authority of the courts to
declare them void should be exercised with
great caution, and never resorted to but in
clear and urgent cases.
2. That provision of the Constitution of
the United States which declares to a State
the right to pass any law impairing the ob-
ligation of contracts, does notinterfere with
the right of the State to pa33 laws acting
upon the remedy.
3. There, is a plain distinction between
the obligation of a contract and the remedy
for its enforcement, and while the Legisla
ture may not.impair the obligation of the
contract, it has the undoubted right to
change, modify or vary the natnre and ex
tent of the remedy, provided a substantive
remedy is always left to the creditor; so long
as the State does not deny to her courts ju
risdiction of contracts, and to prescribe
snch rules of proceedure and of evidence,
as may in its wisdom seem best suited to ad
vance the administration of justice in the
courts.
4. That part of the act of the Legisla
ture passed at its late session entitled “an
act for the relief of debtors and to author
ize the adjustment of debts upon principles
of equity,” which provides for a change of
the rules of evidence (under which this
case originated)-.is not unconstitutional,
though it may permit evidence tq go<- to the
jury which has not heretofore been allowed
and which the courts may consider irrele
vant and improper. It is the provice of
the Legislature to prescribe tho, rules of ev
idence and of the courts to administer
them. ' ,;
5. It is no objection to the constitution
ality of this act that it authorizes the jury
to reduce the amount of the debt sued for,
according to the equities of the case; as
this is done every day in court, in case of
partial failure of consideration, and the
like. This must be done, however, accord
ing to the real equities between the parties,
and not accordidg to the caprice of the ju
ry, and when bo done it neither impairs the
obligation of the contract nor works injus
tice to the parties litigant.
6. If this should be seized upon by the
jury, and used as a pretext for reducing the
debt, other than the equities between the
parties permit, it will De the duty of the
court to set aside the verdict when that fact
is made plainly to appear.
7. In this ease the obligation of the con-,
tract was not in any degree impaired by the
filing of the pi eas by the defendant., tn
which objection was made, as a foundation
for the introduction of evidence under the
statute, and the evidences should have been
received, and if the jmy made an improper
use of it, Or found contrary to law and evi-
idence, it would then haTe been time enongh
for the court te interfere and set aside the
verdict.
8. When the statute authorizes certain
facts to he given in evidence, a demurrer to
a plea which lays the foundation for snch
evidence, Bhould not be sustained. The
old rales of pleading in snch cases must
yield to the statute.
Judgment reversed.
McCAY, J.—It is not to be presumed
that the Legislature intends to violate the
Constitution of the United States, and
when words are used in on act, they ought
to he construed, if possible, so as to make
the act consistent with that Constitution.
2. The consideration of a contract, and
whether there has been a tender of tho
whole, or any part of a debt sued on, and
and if the debt was not paid, that it was
the creditor’s fault, are not only in all cases
fit matters for proof, but are often of great
importance in arriving at proper conclu
sions as to the true rights of the parties in
the matters before the court. Nor can
such evidence, in any proper use of it at all
tend to impair the obligation of. the con
tract sued on.
3. If the property upon which the cred
it was given in contract has been lost or
rendered worthless, it is competent for the
Legislature to permit the defendant, when
the contract is sued upon, to show by
whose fault that property was lost or de
stroyed, and the value of it at the time of
the contract and at the time of the loss.
4. That claim of the act of the Legisla
ture under discussion, which authorizes the
jury in soils upon certain contracts, to no
tice the debt sued upon, according to the
equities of each case, was not intended to
permit them to. impair the obligatien of
the contract of the parties. The equity,
and justice there meant is that fair and h n-
eot duty which each owes to the other un
der the contract to be gathered from the.
whole transaction as it actually occurred be
tween them, and from the acts creating le
gal or equitable legations which have hap
pened between them since the date of the
contract.
5. .The obligation of a contract cannot
hq impaired by. the Legislature of a State,
under the guise of -changing the roles- of
evidence; or' altering the mode of proceed-
ure. Nor can the Lcgislatnre authorize the
court or a j ury so to adjudicate between the
parties to a contract as to alter or impair
its obligation, as it was in fact entered into.
6. Consistently with these principles a
State Legislature may alter the roles of ev
idence and change the mode of proceeding
in theState courts. Nor is it the province
of this court to declare an aot of 'the Leg
islature void because it permits the intro
duction of evidence which, in the opinion
of the court, may be irrelevant to' the. is
sue, and calculated to. distract, or mislead
the minds of the jury. .
U 7. The act of the Legislature in 1868,
so far as it allows the defendant in all suits
upon the contracts dated before the 1st of
June, 1865, to give in evidence the consid
eration of the debt sued on,' whether; any
tender has been made, and if the debt was
not paid, whose fanlt it was, what property
the credit was given upon, and if that prop-
erfy has been lost, whoso fault it was, and
so far as it authorizes tho jury in such cases
te reduce tho debt sued on according to
tho principles of' equity, is not, if constru
ed according, the well established rules for
the act in question, in any cage, tried, belpraj
it, such a construction as would impair Ggf
obligation of the contract under investiga
tion, this court, in a proper ease made, will
corteet the error. - .
9, A plea filed setting up any facts which
by .express enactment of the Legislature,
are permitted to he given iu evidence is not
demurrable. ^
Warner, J.,; Dtoenting.—This w?s an'
action brought by the plaintiff against
defendants on a promissory note' for the
sum. of fifty-two hundred and twenty-nine
dollars,' dated January 22,1861, and due
forty-five days after date.
The defendant, Stewart, filed a plea, set
ting up by way of defense to the note, cer
tain facts, as provided by the provisions of
the first section of - the Act of 1868, “for
the Relief of debtors, and to authorize-’the
adjustment of debts upon principles of
Equity.”: The plaintiff demurred to the
defendant’s plea, and - the Court below sus
tained the demurrerand the defendant ex
cepted.
The decision of this question necessarily
involves the constitutionality of the Act of
1868. The first section of. that Act
vidcs,. -That in all.gaits which sha
brought for the recovery of debts, in any of
the Courts of this State, or upon contracts
for the payment of money made prior to
the 1st of June, 1865, (except for the hire
sales'of.) it shall be lawful for the parties
in all such cases, to give in evidence before
thejury, impannelled to try the same, the
consideration of the'debt or contract which
may be the subject of the suit, the amount
and valne of ', the property owned by the
defendant at the time the debt was con
tracted or the contract entered into, to show
upon tlie faith of' what property, credit
was given to him, and what tender or ten
ders of payment be mode to the creditor at
any time, and that the non-payment of the
debt or debts, was o.wing the refusal of the
creditor to receive the money tendered or
offered lobe IcncfemZ, the destruction or loss
of the property upon the faith of which the
credit was given and how and in what man
ner tho property was destroyed or lost and
by whose default, and iu all snch cases the
Juneswhich try the same shall have power
to reduce the amount of the debt or debts sued
for according to the Equities of each case,
and render such'-verdkt as to them shall ap
pear just and equitable.” : This act of * the
Legislature, in my judgment, neccessarily
impairs the obligation oflhe contracts as it
existed under die laic at die time the contract
teas made, and it makes nqdiffcrencewheth-
er that result is produced under the name
of a remedy or under the pretext of re
gulating the. admissibility of evidence. Is
the contract and the obligation to perform
it. as valuable, now, under the provisions cf
the act of 1868, as it was under the law ap
plicable to the contract at the time it was
made? • • . ; , •
This is the practical question to, he an
swered. In view of the obligation imposed
upon me to support and maintain the integ
rity of the Federal'Constitution, which de
clues that “no State shall pass any law
imparing the obligations of contracts,” and
not entertaining the least donbt that the
act of 1868,according to the decisionsof the
Supreme Court of the United States, is a
palpable violation of that inatrnmont Tam
unwilling »n embalm myself in my own in
famy npon the records of this Court as a
debauched Judicial officer; in holding that
act to be Constitutional, thcrefere I dissent
from the Judgment of the Court.
l&JStee], it is asserted, has become the
name of a genus composed of a large varie
ty of species. Ordinary steel-is a compound
of iron aqd carbon, the latter' ingredient
making from one to once and a half per
cent, of the metal. The carbon, however,
by later manipulations, is replaced by other
chemical elements, and the results are steel
described as alloys of iron and tungsten,
manganese, chromium, or titanium respect
ively. Other substances also can enter in
to combination with silicon steel of the
French chemists, where the iron is com
bined with silicon, the base of flint. Draw
ing an analogy from this latter compound,
it is argued that boron, the base of borax,
will also combine with iron, and .that the
tools possessing most extraordinary hard
ness and cutting powers recently made in
Glasgow are composed of boron steel. The
instruments mentioned, it is asserted, - per
formed thirteen times the amount of cut
ting work of an ordinary tool of carbon
atoeL -
The American tri-weekly Republican has
the following,, commending the profits
to be derived from the planting of or
chards:
• As cur farmershave moreland than they
can cnltivato under the present labor sys
tem, we would suggest they plant orchards
—apple, pears, cherry, peach and othar
fruit trees. It wilhpay as well, if not bet
ter than cotton, and requires very little la
bor. A good orchard would save a large
amount of meat and bread ' to the owner, as
well as a large quantity of corn'which is fed
tq pork hogs. A large portion of the land
now laying waste conld easily he made of as
much profit as that under cultivation for
cotton. The iSouthern Cultivator says one
acre will support two hundred trees sixteen
feet apart, that for ten jears'following trans
planting wil Jyield four bushels or marketa
ble apples each, or eight hundred bushels
annually. They are worth at the orchard,
fifty cents per bushel;- and we have from
one acre in apples $400. Deduct one-half
for rot (whioh would not he lost), and yet
we have $200 income with very little labor
expended. In cotton, one hale to the acre
is-considered a good yield, suppose it' to
weigh five hundred pounds, it is worth now
8125.. .Deduct tax, bagging, eto., and.you
will have $100, and be compelled to work
hard the largest portion of the year for it
*a_It is the Boston Post which declares
that New York has become so wicked that
they have been obliged to widen Hell Gate.
The Post may be just in, its inference, be
cause the object of widening is to make
broad the road to Boston.—Missouri Demo
crat .
Bg^At Denby, Illinois, Thursday even
ing, Hannah .TVademan, a wealthy farmer's
handsome daughter of sixteen, was killed
by-throwing herself .under a moving train
on the Northwestern Railroad. Her pa
rents refusing to let her marry ayoung man
caused the suicide.
- [From the Angus La Prm.
Western & Atlantic Railroad.
We have before us a neatly printed eopy
of the annual report of the Western k At
lantic Railread, to his Excellency,. R. B.
Bollock, Governor, for the fiscal year end
ing Sept. 30,1868. These reports are ex
ceedingly interesting, containing -informa
tion and recommendations of vital impor
tance to the Roadi and eonseqently to jthe
people, its owners.
The total receipts have been for the year
8943,607 24., and the expenditures, 8677,
287 12. This leaves .the sum of 8266,
320 12 as the profits of the road. The
Superintendent calls attention to the. fret
that since July last there has been a con
siderable falling off of receipts as compared
with the same period latt year; but, by a
reduction in the operating expensas of the
Road, payments nave continued to be made
in the State Treasury.
Although this Bind has been construct
ed for so many years, in several cases the
right of way has not been adjusted to the
satisfaction of parties through whose land
the road runs. Notwithstanding the lands
through which Roads run are enhanced in
’valuemore than they can be damaged
thereby, the Superintendent says thatwheie
these lands are donated the obligations of
the Road seem never to cease, but rather
to increase with the lapse of time. . He
therefore recommends that the right of
way should always be paid for.
The report calls attention to the damage
done to tne road bv insufficient drainage.
The damage done by water is far greater
than the cost of its removal
It also recommends, as. a matter of per
manent economy, the ballaating of the road
with stone, nut size, nine feet wide and one
foot deep. European Roads cost only about
one-fourth as much for maintenance of
wiy as those of this country. This is due
mainly te their careful and thorough system
of ballasting.
. The report says there are about forty-
eight miles of old rails. Hundreds of
these rails, are badly laminated at their
ends. . This is neither safe. nor eco
nomical The difficulty is being obviated
as far at practicable.
The report is severe on H. G. Cole for
the manner in which the - Allatoona and
Pettet Creek culverts were built in 1846.—
He quotes from the report of an investiga
tion of the Senate Committee in 1858,
from which it appear* that Cole obtained
the contract at 87 per perch, and sub-let
the^eontract at $4 per perch to Goodhue,
Colby and Free. We can judge of the char
acter of their work by the testimony of
Mr. Eugene LcHardy, a scientific engineer,
given at that time, that the entire sum paid
(abont forty-five thousand dollars) is a to-
tal loss.
A bill for the earth-wark of the Allatoo
na culvert has been recently presented to
Col. Hnlbertby H. G. Cole, amounting
with ioterestto$24 845 50.
The report stoutly maintains the injus
tice of -requiring roads.to pdy. for stock ac
cidentally killed by trains. He takes the-
common-sense view, that no locomotive run
ner will willfully endanger his owe life,
well as those of his passengers, by run
ning over stock. The Superintendent
Tnaj * fonmw ^report pf
office, and ealls for legislation to prohibit
stock from running at large npon theline of
railways. Col. Halbert says:
If the lives of humehbeings are to -he
placed in the balance against those of cat-
tie, this custom should be continued; bntif;
human life is regarded of greater value
than cattle, mnles and hogs, it ahould he
changed by legislative enactment
The report advocates fencing road*, and
reccommends that the adjacent land owner
and road divide theexpense.
An order has already been issued to
fence the road from Dalton to Tnnnell Hill,
as- an experiment, to see whether it is not
cheaper to fence than pay for stock.
The report argues earnestly and ably
against compdHngroadB to pay the' em
ployees of roods tor Injuries received while
on duty, and animadverts severely sn the
disposition of juries always to decid
against a road, quoting a severe remark of
lus predecessor, Maj. Wallace, to wit:—
“Strange that people will travel outside of
law, oath and testimony, to do themselves
an injustice.”
CoL Hulbert recommends that the net
earnings of the road for the next twelve
months be expended to make it first class
in all its departments.
Every person who can should obtain
copy of this able report
FROM WASHINGTON.
Washington, Jan 27.—The House is
discussing finance.
'“SENATE.
A petition was presented ashing the of-
fieial phrenologist to examine the heads of
applicants for revenue places.
The Senate'is now discussing the Califor
nia land claim.
The Supreme . Court is discussing the
validity of acceptances issued by Floyd,
while Secretary of War.
The Reconstruction Committee heard
Whittlesey, editor of the radical paper at
Richmond, in opposition to the plan of the
Committee of nine, and the removal of po-
litical disutilities.
NATIONAE BANK IN GEORGIA AND
THEIR PROFITS.
<. We find in the Giron. & Sen. of Satur
day the following statement, furnished by
its Washington correspondent, of the con
dition of the eight National hanks in this
Agents
Doe from National Banks
Due from other Banks and
Bankers
FROM SOUTH CAROLINA.
Columbia," Jan. 27.—A joint resolu
tion passed the Legislature authorizing Real estate,Furniture and
tiie GoTernor to eanip an armed force for
the preservation of the peace, and was sent
to the Governor for approval.
The Honse also passed a bill to enforce
the civil rights bill of Congress.
FKOH MONTGOMERY.
Montgomery, Jan. 27.—The Montgom
ery and Mobilo Railroad will pass all edi
tors and press representatives attending
the Convention at Mobile, oh the 6th of
February, free.
A meeting of old Union whigs and dem
ocrats who opposed secession, was held in
this city yesterday. Depreeating all at
tempts to organize a new party, they adopt
ed resolutions in' favor of upholding the
democratic party, and will prepare ah ad
dress to the people of the State.
the construction of statues in -violation of
that danse of the Constitution of the Uni
ted States which prohibits any State from
passing a law impairing fhe obligation of
contracts.
8. Should any court of this State give to
J6yA woman’s life was saved in Pitts
burg, last week, by her waterfalL A hall
fired from a gun struck and lodged in that
much abused artidc without doing the
least damage.
BQuMr. Evarts. under direction of the
President, on Tuesday directed the release
of ex-Confederate naval officer Baine, so
long in confinement in Now York, on
•barges of piracy.
FROM WASHINGTON.
6F5ATE.
Washington, Jan. 27.—Chandler,Sum
ner, Howard, Pomeroy, and Edmunds
all presented memorials for woman suf
frage.
Henderson introduced a hill for six In
dian tribes to become citizens of the' United
States.
Pomeroy introduced a bill reviving the
grantfor a Railroad from Selma to Gadsden,
Ala.
A motion to take up the Central Branch
Union Pacific Railroad failed. It is consid
ered.fatal to the bilL
_ The Finance Committee bill on the pub
lic debt and currency was resumed. Sher
man made a long speech and the bill was
postponed.
Central Branch Union Pacific Railroad
bill was resumed and defeated hv 26 -to
28. -
Trumbull reported' a hill punishing the
illegal acceptance of offico by not more than
five years imprisonment, nor more than 810,-
000 fine.
Adjourned. 5
irpfiTT
In a contest for precedence of business,
the Speaker said tne matters pressing for
action were, to provide for the resumption
of specie payment; the constitutional amend
ments, etc., regarding sufirage; the Georgia
election case; the business from the Recon
struction Committee; and the tariff.
The suffrage bill was resumed,when sev
eral substitutes were offered. . ..
Bingham’s substitute makes all voters
except such as may hereafter engage in re
bellion.
Shellagarger’s substitute allows the dis
franchisement of those heretofore engaged
in rebellion. . •»J,
No action was '.j‘#
The Senate Committee on District was
addressed by three women this morning
in favor of female suffrage in the Dis
trict. - __
A communication was also received from
Mrs. Stanton.
The Secretary of the Treasury recom
mends the disposal of branch mints in
North Carolina, Georgia, and New Orleans
to the best advantage.
Market.
New York, Jan.. 28.—Stocks steady.—
Money easy at 7. Exchange 9§. Gold
136}. Bonds of 1862,13|. North Caroli
nes, olb, 63; new 62. Tennessees, ex-cou
pons, 67}; new, 67. Floor doll and de
clining. Whoatfavors buyers. Corn un
changed: Pork lower; now mess 830 75
to 831. Steam lard doll, barrels,- 201.—
Cotton firm at 28} to 29. Freights qhiet. -
- ' - —. >■
GEORGIA LEGISLATURE.
Atlanta, Jan. 27.—Senate.—A reso
lution that in certain counties persons are
driven from their homes-and their proper
ty destroyed on account of their politics was
laid on the table.
House.—A resolution was re-introduced
to appoint a Committee to investigate the
charges of' lawlessness in Warren and
other counties,and report why the civil au
thority has not brought the offenders to jus
tice. r_
A resolution that the Committee on the
state of the Republic be instructed to in
vestigate the charges,with power to send
for persons and papers; and to report the
result to the House, was dafeaten by 94 to
82.
A resolution to appoints committee of
four from the House and twofron the Sen
ate, to proceed to Washington and confer
with Congress with a view to re-establish
negroes in the Legislature,was offered. The
whole matter was referred to the Commit
tee on tho State ciF llw ItepnHIie.
It is reported here that the Constitution
al Convention of Georgia will soon reas
semble.
The Finanoe Committee called on Bul
lock, also the State Ttearurer/or further
particulars regarding the expenditures of
money not accounted for to the Treasurer
Bullock says the Treasurer’s report
extraordinary in its insinuations against, the
integrity of the Executive and conspiracy
in favor of Impeachment, because he (Bul
lock) wanted to put the government under
military role.
Bollock says the money was advanced to
insure the completion of the opera honse
for the Capital, and accuses the Treasurer
of duplicity. He says that the credit of
Georgia is better than that of any other
Southern State; hut it cannot he maintain-
ed by permitting subordinate officials to
make insidious attacks on the integrity of
the Executive.
The Treasurey reports to the Finance
Committee that huge amounts were drawn,
and involving the Governor in the unlaw
ful use of State funds. They were drawn
from Washington and Fifth Avenue Hotel,
and Used without authority of law. He ac
cuses the Executive department of extrava
gance, and of unlawful expenditure of the
funds of the State in tho employment of
three times as many clerks as the lawaQpws,
and under full and extra pay when absent
halftheir time. '
The Governor had made several trips
North, but never said anything about 817,-
000 until he fbnnd out the Treasurer had
gone to New York to investigate the mat
ter.
It is reported that the Legislature will
elect Commissioners to go to Washington
on the reconstruction measures of Congress.
FashTon BuUetlng.
After a perusal of the latest fishioir
the following report has been con-
State on; the first
month:
Monday iu this
$2,281,478 42
6,022 49
Loans and jffiseountn
Overdrafts
U- S Bonds to secure circu
lation ' • 1,383,500 00
U. 8. Bonds to seenre deposits 200,000 00
Other Stocks,Bonds and Mort
gages 25,736 67
Dae from Approved Redeeming
Fixtures
Current expenses
Premiums
Cheeks and other cash items
Bills of National Banks
Fractional Currency
Specie
Legal Tender Notes
Three per Cent. Certificates
379,356 09
176,194 76
109,790,28
89,46310
39,95121
2,516 31
21,006 93
326,506 0Q
20,883 96
56,021 33
1,044,349 00
25,000 00
$6,188,376 60
liabilities.
Capital Stock . 81,600,000,00
Surplus Fund' 141,6$1 40
Undivided Profits 303,495,40
National Bank Notes out
standing 1,232,000,00
Individual Deposits 2,482,593 95
U. S. Deposits 82,164 20
DepositsofU. S- Disbursing
Officers 122,784^9
Due to National Banks 100,766 58
Dae to other Banks and Bank
ers 122,89048
Necks are small but hare.
Shoulders, ditto.
Eyes, are worn large, with long lashes.
Mull dresses are in vogue. They are not
improved with the use of mulled ale upon
them.
Chignons have emigrated to the kitchen,
and hair looks honest in .weak . puffiu wnd
rolls.
Flounces are fiat.
Trains have lost a foot and
have gained oh inch at the top—thaak mod-
are 950 styles of skirt, all equally
fashionable. Anything is stylish provide'd
it is expensive..
.Waists are as tight as ever, and papas
are becoming a little more so.
The Atlanta Consttution says Hon. O. A
Lochrane has been appointed Attorney
by Governor Bullock, to look after the
State's interest in the Maoon k Brunswick
Railroad. c r
J^Neir York Herald raja: “The
Senate haying been gratified in regard to
the authority of the amnesty proclamation,
it would not be surprising to learn that it
next applied to Andy Johnson for his opin
ions respecting original sin and the neces
sity for infant baptism.”
89*Some Radical toady has sent Gener
si Grant a mean-spirited and fulsome note,
accompanied with a pair of boots.. Pity
the boots can't be fitted to the broadest
part of the givers persons. No doubt he
will, in case Grant shall deign to wear them
be glad of every opportunity to black aud
lick them.—Prentice.
i®-Tha correct version of the attention
paid Forney by the late negro convention
iu Washington is, that his“houory election”
entitles him to be considered a negro—by
. brevet.
$6,188,376,60
The salient features of this statemeot,are
the insufficiency of our banking facilities,
and the enormous profit derivable from the
business. Compared with 1860 the capital
employed is onlyabontan'eigfath in amount,
while'trade movements demand as great a
sum now as then. It will take at least $30,-
000,000 to carry forward the cotton crop
alone of Georgia, hat there is only about
$1,600,000 in the State to do it with, to
say nothing of the wants of other branches
of business. Of course the deficit is sup
plied by foreign capital, which sympathizes
neither'with our wants nor purposes, and
only seeks its own profit even at the price
of our financial enslavement and rain. It
can and does regulate the gold and cotton
market, and has iu its power almost as
much to compel the farmer to take what it
chooses to pay for cotton, as if it were the
owner. This result, of course, is predica
ted upon the premises that the credit system
still prevails, and that the farmer has to
have advances to meet debts,or. provide .for
wageSjSupplies etc. _ .
This statement makes a most gratifying
showing of the profits of National banking
in Georgia—to the stockholders, especially.
Three years business has given a surplus
and amount of undivided profits represented-
by the figures $465,176,80, more than a
fourth of the whole capital employed, and
which has been accumulated under the
business, and aftekp^^Semijiuwjttl^fl-T
dends of 10 per cent.
We read of a.farmer up about Athens^he
other day, who would not sell his cotton
because he didn’t know what to do with the
money. With the profit of' banking and-
manufacturing cotton before him, we hard
ly think he should be at a loss.—Macon
Mess.
Important Eeoal Decision.—The
case of The State vs Jane Gresham, charg
•;cd with the ofienie of peijuiy, was taken
fbefore his Honor, Judge Pope, ic which
7 be State was represented by Hon William
Ezzard and Mr. P. Byingdon, and tho de
fense was that the Court befdre which said
ease had been heard, and defendent com.
mitted, was acting without authority of
law.
1st. Because W. M. Butt, Justice of the
Peace siltsogat said trial ,was elected under
the old law.
2d That the adoption of the I4tb article
by the Legislature, voted all the civil officer
in the State who had. been elected or ap
pointed under the law. .
3d. That the Constitution rccegizing only
one justice to each district, and as two were
acting in a district,'their act are void.
Hia Honor Judge Pope held that the
acts of a Justice to holding over, are legal
until his successor is elected and qualified.
—Aulntd.
A Serious Paul™—ft was pom
said by the late Heniy W. Davis that.
L. Pettigrew, John Minor Boots, andJoshna
Hill were the ,’only SouthernUaion men of
prominence during the “nation's ago:
bunc alludes to Mr. Hill thus:
“ If he had been a carpet-bagger, with
out a bona fide residence in Georgia, there
wonld probably have been lees opposition
to him oa the part of the screecning wing
of the Senate.”
Not being a carpet-bagger he is supposed
fo be thoraly incorruptible—a bad recom-
menbation .for the. Senate of the United
States.-r- Constitutionalist
The Ranch of neathcr Bells.
As on thy stem a thousand bells,
In fragrant beauty hinge
So round my auld .time-withered heart
Sweet recollections clicg.
Thy bells to hie hove tuneful tongues,
That ring ould Scotia^ praise,
And hallow’d thochta camera*bing back,
. To'scenes- o' by gape 'days, i
Ere thorns p’carc grew in toy-heart,
I lap ower mossy dykes,
haur heather lintics sipg their sangs,
Andhumbces build their bykes,
I’ve wandered ower the weary waste,
And seen it wrapt in scaw.
Heard lammies bleat cn purple moors
Whanr scented breezes blaw.
Obonnie hunch o’blooming bcllB,
. My heart wi’ rapture thrills,
While thus I hail thee as a friend,
Fresh frae.my native hills.
TKon’rt red and strong wi’moorland health,
And when compared wi’he,
Tfce painted flowers o’ tropic lands,
Are sickl v things' to ; mV;
r—•***<'-aiMteaMg
What transports sweet arc mine.
When mem’ry thro’ the mist of years,
■ Glints back on auld.langeync.
O for ae blink o’ Scotia’s glens,
Her mountains wild and bare;
.Bound lty the ties time canha break, '
My heart still lingerv there.
■I • - -- James Linen.
San Francisco, Oct. 28 1868.
(have been, flattering
, for the past forty . years, that
il fires ' of ' (he earth, were be
ing rapidly extinguished, and that..the
“crust”—in which we arc specially inter
ested—was at last in a satisfactory condi
tion. The year jnst closed has been more
remarkable for Volcanic' action, in all parts
of the globe, than any other twelve months
in a thousand years! South America, Italy,
the West .lodes, Peru) England, California,
the Sandwich Islands, all bear evidence
that the “crost” is still too thin to he relia
ble.
BguWhen Morse asked Congress for
$30,000 to build the first telegraph line,
Cave' Johnson, of -Tennessee, proposed to
amend the bill so as to devote one-half of
sum to" experiments in mesmerism, and
George S. Houston, of Alabama, -thought
that Millerisin should also be included in
the benefits of the appropriation:
./•From Atlanta.
Atlanta, Jan. 29.—-In the Honse, a
resolution was introduced to take into con
sideration the extension of the right of suf
frage to females in this State^md- that Mr.
Stowe be sent for to instruct the commit
tee- An amendment was offered that Hor-
-ace Greely be reqnested to come before the
Committee on Ac State of- the Republic and
address them on the subject of female suf
frage. The resolution was- lost.
A Cleveland clergyman recently omitted
part of theceremonial at a funeral and was
immediately driven from the house by the
enraged widow and .the test of the monnrn-
ers, with sticks and stones.
■Fire at Meridian.
On Saturday night last, Meridian was
the scene of a serious fire, in which fifteen
houses, and several shanties, were horned.
Tho houses were all frame, and, as the con
tents were mainly saved, the.fl^H| not
heavy, being estimated by the Mercury at
Only $25,000.—Selmci Times of 27th.
Tragedy at a Negro Church Fair—Two
Negroes Killed.
Tho Albany News of the 26th has the
following: At. a fairgiven-by the colored
people, on Saturday night last, for the
benefit-of As M. E. Church of .this city, a
dispute .arose over the raffling fora cake,—
A blacksmith by -the-- name of McAlpin
abused and kicked Jim White, who drew
and fired upon him three times—each" shot
taking effect and killing Me very dead.
Jim started to run, and being pursued by
Cornelias Shelton, another blacksmith,
turned upon him, fired—Shelton fell and
expired in a few moments.
All three were Democrats,so the affair
affords no food for the Radical maw. Whis
ky, ignorance and excessive freedom were
the gravamin of the quarrel.
Columbus Orphan Asylum.—We are
glad tiiis home fotlittle destitute orphan
girls, is again open. It was once an active,
care-bestowing friend to the class for whose
benefit it was instituted, and, wo trust that
it may soon become so again. -No human
beings have greater need of kind care and
judicious direction than fatherless and
motherless girl3. The ladies who have un
dertaken the charge are folly competent to
restore the Asylum to,its former usefulness,
and in their efforts to do it should have the
aid and support of all our citizens.—Enquir-
Negro Equality.—We clip the following
frem the New York Democrat-. .-
Keep Faith.— In Outtumwa, Iowa the
ther day, a negro was by a Radical judge
ordered out of the jury box, where he had
deen drawn with other citizens. Iowa lately
voted equality to blacks, but the first at
tempt to make a juror of one resultein hi
being ousted. The learned jndge said
“The election was a complimentary affair
not intended to confer actual benefits
and it ispresumpton* for any negro to claim
a place or position white men are only fit.
to fill.” Verily, verily, the negro is under
• cloud, between the upper and and nether
millstone, and especially in dad odor with
his new friends. r . ,-1--
New York, Jaa. 30. Money easy at 6
to 7. . ■ _ - J; 't
Cotton more active and } better. Sales
2,300 bales at 29}. Flour dull, superfine
State $5 75 to 6 25; wheat 1 to2 lower
mess pork firmer at $30 50 to 30 62}; lard
qniet.
No More Punishment, Human o»( bull brought $498,
Divine.—The Women 1 * Right* Conven
tion, now in session at Washington and eont-
posed in part of“buak niggers," have
imouily adopted the following resolu
tion:
“Resolved. That all idea of Punishment,
both in human uni c/iviuc govarment, should
be done away with, as at war with tba of
love. The present system of discipline in
the family, the school mod the prison/
ed on this idea is unworthy of civile
to say nothing of Christiaaity.”
■
afirTho old woman in the nursery-
rhymes had “rings oi her fingers.” Oar
country has a good many “rings on its
hands.—Louisville Courier-Journal.
Alahamahas a newspaper “ring” that
omisc3 to eclipse oil other “rings.” The
meet and respectable porth n of the citi
zens are taxed, through the channel of “le
gal advertising,” to support newspapers
that could never have had an exist-uce,but
for this monstrous fraud perpetrated by the
Congressional Legislature. They arc “kill
ing two birds with one stone,” building up
radical newspapers and filling the pockets
of radical publishers with money to which
they can have no just claim.—Talladega
Home.
t@,The Eagle and Phoenix Man
Company, of Columbus, will
b of $10 to $12 share on i
March 1st
^From the first to
January, inclusive, thi
les brought to Atlanta,
from $220. per head, w