The Rome weekly courier. (Rome, Ga.) 1860-1887, February 05, 1869, Image 1

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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