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•S-rs-)jrjr £gc-
- 0 U r -MK XXIV.
-^WlXIXL. Prop’r.
BATES OF WEEKLY.
Mj? r
I Si* ^ tfntlths
I!' VA ‘‘. „„r« cue copy will
To^? rri ^°
... $3 00
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...-1-00
r more ene copy will be fur-
11. DWIKELL,
Proprietor.
tEr,A Aby I A V dSs S S?s! r E»etors
Ac Tuesday'^. „ and three-rathe
I £» ° f ,e “, Se Court House in the county in
S*Sjj£SS^2* be s ivcn in a pub -
! tShpjre eud^^’^”' of “ eStat ®’
;■ CHEROKEE FAIR ASSOCIATION.
VU/UlH-Iv » ♦ i Chattooga County Speaks.
—
let other Counties In the Cherokee Country
J * |T of Ga. and Ala. come to Time.
ScNMEHViIXE, Ga., }
Aug. 24th, 1869. }
Maj. B. F. Jones, Secretary, Rome, Ga.:
Dear Sir—I have done about as much as
I think I will he able to do in tho way of
getting stock and .membership for tho Fair.
Should have written'you earlier, but ox-
pected to be in Rome., .Did not get', the'
subscription book in time to do anything
before 1st Tuesday in August.
I have 28 shares subscribed and 7 mem
berships. ; Do you wish a list of tho names.
Respectfully,
C. C. CLEGnonN.
We wish our readers and everybody
else to understand that our Fair is to a grand
affair—in fact, one Of the largest that has
ever yet been held in this State—the ar
rangements being made all tend to that
W» regret that our cxchani
iifcV-ors
abfwiHbd, made tu the
’pnUtin! f " r '*f“ t t r “i )0 0f ptb6ahod 30 days—for ggt in this matter,
liauship is- i3is tration, three months-
iS^r- rfu Guardianship, 40 days.
dtan»»» l0 , cura „f Mortgages must
Sale for the foreclose ' w dnth*efcr cs-
c published mon ®/, (i _ tlie full space of threo
ablif liinp last paper , Executors or
^V-fareompoUml^eslrs ^ by
‘ taimS S fmthetall space of three montns.
for me wu y continued accord-
Sr&As*
Citations for lctwr^^ for disiuissmn from _ .s
The Railroad Meeting at XaFayette.
We learn tliat HiB Honor, the Mayor,
has appointed A. R. Wright, J. W. H.
Underwood, J. P. McDowell and D. M.
Hood, delegates to., .attend the Railroad
vohero, application for—ma’.....
Soutr'of JiSmi T!..!r 4 00
i of
of
—SATUKDAY morning, A#g.
THE PRESS EXCURSION.
Tlii< party arrived in Rome yesterday,
Friday Morning, at 1J. o'clock. There are
about oue hundred persons participating in
this excursion. The names rf the parties
repressing the various publications of the
State may be found in the proceedings of
the Press Convention, published in another
•ooldiun. We notice in the party, Gov.
Bullock; Col. Hulbeat, Eupt. State Road;
Mid son Bell, Comptroller .General; R. B.
leister, Sec. of Ex. Dept.; Judge Harrel,
of Patiala Circuit; Judge Parrott of the
Cherokee Circuit ; Mayor Hulsey and Aid.
Howell of Atlanta;' Hon. R. L. McWhor-
ter, Speaker of the Rouse; Senators Mc
Whorter, Smith, Candler, Nunnal'y, liar-
•ris, denes and others. The representatives
of the Atlanta Press are J. S. Peterson for
•the Intelligencer, V. A. Gaskell for the
lira, and II. 0. Grady for tho Constitution. ]
Col. Hulhert deserves credit for the am
ple and admirable arrangements he lias
made for this tour of observation through
the rich mineral regions of the Cherokee
•orautry. Untold millions of wealth here
die neglected comparatively unknown,
and we rejoice .that Ahe practical energy
and sound judgment of vjal. Ilulbert, has
prompted him to give-tithe ifflartt estate”
an opportunity to know something of titoge
great resources, that when developed, will t
render our atcetiou oue of the richest in
Auieiiea. While we have no sympathy
■with his politics, we cannot withhold the
■meed of praise he deserves for the indom
itable energy he has exhibited in attract
ing capital and desirable immigration to
'Georgia, and. by bringing to light her min
eral .stealth,^putting her on the high road
'■ to: prosperity,
We learn that the excursionists were a
little disappointed at Chattanesga, • from
the fact that owiug to the lowness.of the
river, they were deprived of a trip to the
Iron Works above that city.
The entire party, while in Rome, were
'du,guests of the city, at the Choice Hotel,
. an’d, cutctaincd in a manner the best that
■cntild, be commanded on the short notice.
Afarninl speech of welcome was made at
the dinner table by His Honor the Mayor,
and responded to by Gov. Pullock, Col.
Clfehy und Col. Ilulbert.
Many Romans joined the party, and. all
; left on tlic Steamer Etowah 3 at o’clock, P.
• M., for.ajjaip down the Coosa. They will
1 probably return to Rome Sunday Morning,
■and go down on the Selma Road on Moh-
«iay. i Hi
$5,000 Reward.
Gov. 'Bullock offers the aboye reward for
the apprehension, sitlr ‘evidence to con-
"•ict.idf the lawless persons who, by threats
gollbc keys, and opened thejail roYeffel
icouniy, ea the 18th of July, and there
muifiored John G Lee. ' -* • ' h
Horrid Murder.
We hear that a respectable woman,' by
the aatne of Conley, was murder eel near
the residence of Mr. Venable, of Adairs-
xdle, last Monday evening. She went ont
to milk tho cows, and next morning . was
found dead some 200 yard* from the., cow
peu. with her head literally mashed, r i
Suspicion rests upon Jack Graham, a#jB»
gfOj who fos been arrested uod is now- id
iaa - 'in*?, fi-o jjnkA.
Personal—Wc were pleased to iel-
eunie to our sanctum on yesterday stvetraj
of the editorial fraternity wjio.'jare 'partici
pants in the press excursion.
‘tarn, Meesr*. JJarke of the. Maco
gc Wi lingba'm and ’iojPbf the LaGrange
Renortcr
G ‘ Correspondence.
Frees Excursion—Arrangements and Ob
jects of—A complete Success, etc.
Etna Coal Field, etc.
__ For sometime Col. B. Hulbert, Superin
tendent of the Western & Atlantic Rail
road, has had in contemplation to give the
Press of Georgia a free ride, to be known
as the Press Excursion. Iii his efforts he
has been cordially supported by all railroads
and steamboat companies of the State.
With a view to this object, a splendid
train, with equipments, all complete, amply
provided every comfort for the inner man,
and two splendid Bleeping coaches, at 7 a.
m., August 25th, all was in readiness, and
with a fnU.and complete representation of
the Press, with a number of outsiders, the*
whistle blew, and off we went.
To even a critical observer, there could
be nothing found wanting, and be it said,
to the creditof Col. H., his arrangement
challenges admiration, and his objects the
cordial support of every one. Every citi
zen of Cherokee Georgia has long been con
vinced that our mineral resources are un
surpassed,‘hnd all that was wanting was for
some.one to make a start, and induce mdn
of deans to come among us, to aid in de
veloping the same. Col. Hulbert, with a
view to bring before the world the superior
advantages of Cherokee Georgia, deemed a
free excursion to tho Press, as me of the
best means to effect so laudable au enter-
prise.
We are glad to say that an enterprise of
so much importance is far on the high road
to success, and do not hesitate to say that
tbs Press Excursion is a complete success.
Our brothers of the quill will now have
something interesting to write shout, and
for a time, at least, will devote their time to
something more substantial than politics,
and of infinite more advantage to oar bank
rupt people.
is re&eshing to see men of all political
shades quietly traveling together, and for
once making a united effort to forget po.
litical differences, and to lend their efforts
to the more laudable cause of developing
the great wealth that nature has bestowed
upon- ns. Cuffee for once has been for-
The splendid scenery of onr moun
tains and valleys, with the battlefields,
which gives ns a prominent place in history,
thpiare to be seen from every point of the
Western & Atlantic Railroad, has made a
deep impression upon the minds of all, .and
proclaims in thunder tone?, what men will
do when pressed to the yyalj. Mutual for
bearance seems to prevail, and yre predict
that in future abetter state pf sentiments
and feelings will prevail.
CARTERSVILLE.
The first point examined was the crush
ing machine for making ballastforthe State
Road, on the banks of the Etowah, an in
genious machine that does the work of
about .twenty men.
The second halt was made at Carters-
Ville, where specimens of mineral wealth of
Bartow and Polk nos. were profusely shown
We have not space to enumerate # wo 8aw,
suffice it to say that there many magnificent
specimens of iron ore, slate, marble and
building stone, that is not surpassed in any
section. Maj. Mark A. Cooper, the veter-
an iron inan of Cherokee Georgia, made a
It is believed by his personal friends here jaiing speech, and proved conclusively that
jliat he will accept the invitation. the building of the Van Wert Railroad
was a necessity, and would open up a field
of boundless wealth when fully developed
The veteran editor of the Macan Telegraph
responded in an appropriate speech and both
irs were loudly cheered by a numer
ous assembly of citijEens, while the brass
band of Cartersville discoursed music that
would Jmv.e made Orpheus jealous for all
meeting at' LaFayette; oh Monday, the
30th. ■ : r
Water Melon—The largest ever - Grown
in the Cherokee Country.
Mr. Wm. McGhee of Cherokee, Go.
Ala., has sent ,us .another of his mammoth
melons. lit weighed W ib 8 .- 'P* presented
to the press excursion pariy, me that
weighed 57 lb*. We have nodonbt this is
the largest water melon ever grown in
the Cherokee country.
Painful Accident.
A A. Omberg,'jr., fireman on the Rome
Road, was struck by a piece of fence rail
when, about four miles from Rome, last
Thursday night, and very seriously,. and it
is feared fataRy hurt. It is supposed that
the fence rail was lying on the track, and
thrown up by the locomotive wheel. -
Commercial Office Sojd.
Mr. M. A. Nevin has purchased the above
named printing establishment, end wjll
take possession about the 1st of September-
New Advertisement.
Dr. Hillyer offers his splendid plantation
on Etowah River,for sale. . J * j
New f urniture Store.
On the 1st of Sspt JJr. Wm. Ketcham,
will open in the Csldw.eli building opposite
.he Banking House of Cothran & /Ma
guire,a elegant stock of furniture. Mr.
K,, is well known in this section of country
ns a No, 1 business man, and we welcome
his return to ourcity,
.gricultural
We are glad to learn that ex-President
Johnson has been invited to deliver an ad
dress to the: Cherokee Fair Association ton
November 5th,thelast day of : the Fair.—
Whose Fault is It.
We have reliable'information that tue
Courier is frequently ten days in getting
from Rome to Coatee, Ala. If we are
correctly informed, there a mill‘ three
times a week from Cross Plains to Centre,
and we know it is daily to the former place.
The same complaint is also made In "regard
to letters. Who is to blame ?
Drugs for Southern Georgia,
Dr. R;-Wi Mttohejl sold and shipped last
sek quite .Marge ibiH of . di
ctnes to Valdosta It
thing for him to ship large, bills of g°0ds,
but.it is remarkable that he or any oiie
should ship goods from here through 6a-
vaunahta any point hejj^th?ig. ^
gratifying to know that the wholesale trade
of our e(Wis increaring.
Fine Store Woiise. toJIeut.
The Masonic Hall building, now occupie*
by Jones & Harper, is to root. Possession
given October 1st. It is one of . the best
stands and houses in the city—See adver
tisement.
Robhories onSand Mountain.
We have for some time past, been bear-
&S82GE&3&S&
fihvf. there was <a regular -organized hand of
itemthal
lanta McthodiiS'~AdvhMteAt.lriiwfn
of foe Southern;' Banner,'W- L. ;f
pwngton'-Entet^ie irisd Maititf» afiCol-
bus^Flnquirer.
^vftdlpc TdAroj fcli a , finmntrfil.
that Tic had-paid 8325,for and while,•:
ing.Sand iilpuntuq,’alone, he wasast
by.a party of armed disguised men, aufi or
dered to dismount. They took from him his
horteY pocket .hopk, watch and eveapocket
knife; and told him to get away from that
section a* soon P.e pofsible. IIo,took their
advice; and after walking , tbr?e pr ; four
miles, came up with a uian standing by a?)
,
had. been robbed/ pj^aWji Pj fjro -^me
band, of bis horse and everything, except
his buggy.-j_ji_-i» uj'jrtia»«y»q li wT |
Can not the law-abiding citireno of that
section organize a company aud ferret out
those fellows and bring them to justice.
^'Thc MidigopFafm jou/uit} reports;the
change Ini' the condition of Hp.n.
Foster as unfavorable. No hope of h*s rer
covery.
The Etowah Iron Works, better known
as Cooper’d Iron Worts,have recently been
seized by the United States Government
^ as the property of the Confederate
. J States.*!*-**' ***&$>
time to come.
From Cartersville we proceeded to Chat
tanooga direct, and found nothing on the
road to cheer us, tho longeontinpied drouth
having almost completely d^troypd the
once promising crop of corn, still on every
' were not want.
^ m ^ P in. Chattanoo
ga, where we were serenaded by the Brass
Band, and wefeopied by pha .SJayor and cit
izens. Quito a ^itgrfipr ,of . . w^e
made by members of the excursion pa
and responded to by . onr brother Teni
seeans with hearty good wilL All of the
speeches were short and to the* point, and
met with cordial reception. The contest for
superiority as a railroad centre, was ably
disc ussed by Atlanta men, in favor, of their
city, while ..Chattanooga representatives
urged its claims,'with modest assurance,
and we think not without substantial argu
ment. The Gate City will have to look to
its laurels for Chattanooga is wide awake,
and. jiasfainprospects^ahead °ntto become
ties in the South. feii-v:
After a jovial night in Chattanooga they
paida visit to. tho Etna coal mines, near
the Nashville - and Chattanooga Railroad,
and witnessed a coal mine in full blast. Ma-
nv laughable things occurred, and but for
the high regard we have for the unfortu
nate parties, we would he tempted to relate
a few, even in th« letter, and we do not
think we eau forbear to tell a few pf the
prominent in our next.
io Etna coal niino is ope of vast magni
tude, and is being successfully worked by a
New York Company. The mife is situa
ted on Raccoon Mountain, about eight hun
dred feet above the water. level, and now
has employed about one hundred and twen-
ty hands. It is approaehed hy railway, on
three separately inclined plains.. The cars
being drawn up’ the first and third by sta
tionary engines, over the second' there are
two tracks, the loaded cars coming down
draws up 'the empty, and SP perfect
complete and systematic are the arrange
ment that all goes on like elook work, and
over two thousand tons of coal monthly is
landed at the side track of the Nashville
and Chattanooga Railroad, the principal
market for which is south, ' :
The coal is bituminous and of good qual
ity-majority of the miners are English,
and make good wages, say ?2 to $3, being
paid by the bushel at 3 cents per bushel.—
An immense amount of work is being done,
and tbp vein of coal which averages full
thirty inches, is almost ipt^hae^tahle, we
predial that flip mine will nkimately prove
very valuable. Up to this time $350,000
has been spent, and all now is in readiness
(should the demand for coal be good
enough) to take out three hundred tons per
day, which would enable the Company to
sell coal fora very short profit. We wish
we c*uld give a full and complete descrip
tion of this extensive work, with the im
pressions produced by this, onr first visit,
into the-coal mine, which at this time pen
etrates into the mountain sixteen hundred
feet, but space will not admit of onr saying
more- In our next we will tell you some
things that occurred to some of our party,
but as the train is off now for Rome, we
must say farewell for the present to old
Zip.
Tobacco Batting.
Below we give an extract from the Rev
enue Law in reference to leaf tobacco, for
the benefit of onr forming friends, as ma
ny are.of opinion they would have to pay a
revenue tax on all they raise and sell, con
sequently they refi ained from planting, bnt
such is not the case, as yon will see by the
following extract:
■Farmers and planters, for selling to
bacco of their own prodnetion, or tobacco
received by them as rents from tenants;
who have produced the same on their lands
are not required to pay a special tax as'
dealers in leaf tobacco.”
You see from the above, there'is no tax
required of the producer, if he sells it in
the leaf The dealers who bny and sell it,
are required to pay a license tax of $25 per
annum. There is a tax of 32 cents per
pound on twist, fine cut ping, and twisted
tobacco by hand, or reduced from leaf into
a condition to be consumed, and offered for
sale. The producer, or the purchaser, can
mancfactnre what they need for their own
use without being liable to tax.
It is believed that most of the tobacco
used will be in that way.
This section is favorably adapted to the
growth of tobacco, and we are told that it
is a more profitable and certain crop than
cotton. If this be so, we hope our farmers
will torn their attention to its culture.
Tbc Georgia Press Convention.
The Press Convention met today in the
City Council Chamber, and elected the fol
lowing officers :
President, Joseph. Clisby, of the Macon
Telegraph.
Vice Presidents, J H Christy, of the
Athens Watebman, A E Wright, of the
Chronicle & Sentinel, and H H Jones, of
the Cuthbert Appeal-
Secretaries, CH C Willingham and 4
R Watson.
The following papers were thus repte-
sented ;
Macon Telegraph, Joseph Clisby.
Athens WatsUmaP, 2 5 Christy.
Atlanta Constitution, A W Avery and
W A Hemphill.
Albany News, C W Styles.
Chronicle & Sentinel, A R Wright and
Henry Moore.
Central Georgian, Joseph Medlock.
Constitutionalist—-J W Call.
Ajnnpoe Advertiser—Joseph Clisby (By
proxy.)
Journal 4 Messenger, T A Bnrke.
Columbus Euqnirev, England and Mar
tin.
Intelligencer, Whitaker and Steele.
Hancock Journal, Royal Dubose.
Marietta Jonrpal.JIr- Neill-
American Union, J C Sway^e.
Georgia Enterprise, Beebee and Anfier-
n.
Cuthbert AppeaL H H Jones.
Hawldnsville Dlspatob, W D Boully.
LaGrange Reporter, C H C Willingham.
Greensboro Herald, H M Borns.
Newnnn Herald, J C Wooten-
Athens Banner, Atkinson and Fulton.
Madison Examiner, T H S Brobston.
Americns Cornier, E H Christian.
Rome Courier, M Dwinell.
Griffin Star, F 8 Fitch-
Day School Visitor, J P SbpPUt,
Covington Examiner, W A Harp.
Georgia Farm Journal, J F Shecut.
Washington Gazette, J H WtighL
Dawson Journal, 6 B W?ston •'
Christian Index, J J Toon-
Atlanta Medioal and gnrgipal Journal,
J W Westmoreland,
Rural Southerner, Sam Echols.
Scott’s Magazine, B B Crew.
Sumpter Republican, C N Hancock.
Milledgeville Georgian, S B Burr.
Total 39.
After organization had been thoroughly
effected, a motion to appoint standing com
mittees for various purposes, was made by
C'f Styles, and after amendments was
parried to this effect. That the following
oommittees bp ppmunfed!
1st Committee on Permanent Orgaufca;
tion; 2d, on Legal and Gfmera! Advertis
ing; 3d. on agencies—Cash and credit sys
tem; 4th on Constitution and By-Laws and
Rules; 5th, on Pres*. Each committee fo
PflPSUit pf 5 members;
Maj. Steele, amended the motion, thus j
That the Committee report to the Conven
tion daring the next session, which will be
held at Macon, during the Fair week-day
determined by the President.
Thanks were returned by the Conven
tion, to the City Council, to the various
railroads of the State, and to all merchants
and citizens from whom favor have been
received.
After some minutiae had been attended
to, the Convention adjourned till to night,
at 8 o’clock.—At. Const.
Cane PpLP.—A large form near Nor
folk, Va., has been purchased by a compa
ny, with a design of extracting the pulp
from the cane which abounds in the adja
cent swamps. This pulp, it is claimed, will
make when compressed, admirable material
for building houses and ships, as well as
buckets and other qtensils which are con
structed of wood. It is claimed that, when
Pfoperiy pressed, tjie page pnjp ip much
lighter' than wood, while equally impervi
ous to water, It will not shrink, crack or
rot; worms will not touch it, and it is almost
incombustible. Tho cost of preparing it it
said to he smalL There is BtiU another use
for it. It is asserted it is far softer and het-
terfor paper making than straw, and much
cheaper than cotton rags. If these magi-
nificcnt expectations are fulfilled, the com
pany will not only make a fortune, bnt be
optitled to the re putation of public henefSv
tor*.
— ■*
That Comet.
The farce of the comet is still kept up,
the star Jupiter appearing every night in
that role. Such conversations as this are
quite oommon with the love and-moon-light-
axenrsion parties;
Young man. looking through his hand
at Jupiter—There she is, here’s your
comet.
Another—That there’s no comet; it
hasn’t no tail. , •
Young man—Vos it has, too; only it i
tail’s behind it and invisible to the naked
®J 8, . -it
Another, quite convinced—Oh, yis, all
animals do have their tails behind ’em. Give
us a light. ‘Rah for the comet. . . . ■
Rnr^M Impeachment of Bollock.
We learn from persons who profess to
know sduiwof they speak, that a deter
mined purpose is expressed by a large num
ber of members of the House of Repre
sentatives of onr Legislature to prefer ar
ticle! of impeachment against Gov. Bul
lock, immediately after the General As
sembly meets, and that the movement is
daily gaining strength among the members.
There are said to be many alleged grounds
of impeachment, the principle of which
are the spending of large sums of the pub
lic money by the Governor without author
ity of law, the conversion of the State’s
funds to his own private use, and the abuse
of the pardoning power.
It is confidently asserted that State
Treasurer Angier is prepared to furnish
abundant and conclusive proof of the two
first Charges, and as to the third, abnso of
the pardoning power, almost every county
ia the State can prove where hgally con-
vioted criminals of the deepest dye, many
of whom have confessed their guilt, have
been let loose upon society by the so-called
neney of the Executive, until the pco-
hmve almost abandoned confidence in
tection which the law affords against
—Macon Messenger.
[From tbo New York Express.
What is Coming.
The following affords food for reflection :
“The Chinese empire, an area of 4,695,334
square miles, 477,500,000 inhabitants—or
101.6 persons to the square mile. We
should say, however, that China proper
has an area of 1,200,000 square miles, with
population of450,000,000—or 346.1 to
te square mile, the most densely populat
ed of any section of the world.
Here is material for emigration to the
United States beyond anything Europe af
fords. There are on the Pacific coast now
from British Colombia down to Mexico,
over 100,000 of these Chinamen. Their
highest wages there are about $30 per
month, on which they live at at a cost of
ten to fifteen cents per day—rice befog
their chief article of food. The Chinese
steamers brfogthem from Hong Hong and
Shanghai to San Francisco for $40, and the
sailing ships for less price.
The Chinese earn in their own country
about $1 to $2 per month, and can be
brought to the Atlantic States for $40—
affording well to work here for $4 or $6 a
month, if found, and the finding wonld not
cost over ten or fifteen cents per day, snch
finding as thpy are content with- Their
clothes cannot cost over SJQ pep yaap, ex
clusive of their shoes, and not much over
that, if they continue to wear here their
Chinese shoes.
Facts like these afford the profoundest
reflection; for, from these 450,000,000 of
Chinamen, the emigration is now coming by
thousands and tens of thousands.
Lore of the Beautiful,
Place a young girl under the care of a
kind hearted, graceful woman, and she, un
consciously of herself, grows into a grace
ful woman. Place aboy in the establish
ment qf a thorough-going, straightforward
business man, and the boy becomes a self-
reliant, ptactical business man.
Children are susceptible creatures, and
circumstances and scenes, and actions al
lays impress. As yon influence them, nut
bv arbitrary rules, pop by stern examples
alone, bnt in a thousand ' other ways that
speak through beautiful forms, pretty pie;
tnres, etc., they will grow. Teach your
children then, to love the beautiful. Give
them a oorner in the garden for flowers:
encourage them to pnt it in the shape ot
hanging baskets; allow them to have their
favorite trees; learn them to wander in the
prettiest woodlets; show them where they
con best view the sunset; rouse them in the
•ning, not with the stern “time to work,”
W4h /hpeqthqsiastio “s§s the beautiful
sun rise; 1 ’ buy for them pretty pietupes, and
encourage them to decorate their rooms
in his or her childish way. Give them an
inch qpd they will go a mile. Allow them
~ a ppipijege, and they will make your
imp beautiful.
New
£bief Justice Chase Favoring
Party.
It is saidthat just after the rpsqlt of the
Virginia election became known Chief Jos-
tice Chase wrote a confidential letter to a
prominent politician in Tennessee, an old
friend of his, wherein he expressed much
gratification at the defeat of the bitter-end
ers in Virninia, and rejoiced over the suc
cess of the conservatives. The Chief Jus-
fipe expressed the hope that results similar
to that in Virginia would be produced in
Tennessee, Mississippi and Texas, and
stropgly hinted that in his opinion the
Republican party bad served its day, and
the time was at hand when a new conserve-
tire party should be formed which wonld
embrace the moderate men of all existing
parties. This letter was kept quiet for
some time, bnt after the Tennessee election
tbe gentleman to whom it win addressed
to consider the seal of secrecy removed and
showed it around quite freely. He re
fused, however, to give it to the press.—
fferald.
Rapid Promotion.
Hon.'JndahP. Benjamin, late of the
Confederate Cabinet, bnt now of England,
has, after two years practice at the bar,
been made Qneen’s Counsel, an honor al
most without precedent in the promptitude
of its bestowal. Aside from making him
senior counsel in whatever eases he may
be employed, the promotion will considera
bly add to his emoluments. Befog on the
Liverpool and Manchester circuit, he will
be retalued ip commercial litigations ofim-
portapee. .
A Rough Customer.
A rather rough and ugly customer, in the
shape of a fourteen foot aligator,_ all alive
and kicking,came up from Americns yester
day and was consigned to a party, in Atlan
ta. He was boxed up pretty closely _ and,
judging from the lond blowing and noise he
made,his imprisonment most have been
rather oppressive. He was captured we
suppose,™ the MBg!«5ae erf elf, near Atetr-
cos,In which, fie qrp informed, arp great
quantities of these ugly creatures, The
one in question looked like he had swallow
ed many a fat little pig and occasionally,
' a sleek little nigger.—^Macon
Swapenslpa pa Faf tory
Some of the New England mills that pro
duce print cloths, having worked np theii
stock of raw material,have suspended oper
ations until the new crop of cotton comes
into the market. It is also stated
some of the large mill* on Full River,whicb
make this hind of ploth, eomtomplato put
ting their mills on short time until trade
assumes a more encouraging aspect, in re
gard to this particular line of business.—
Sav. News.
From Washington.
■Washington. D C., August 24.—
The cable telegram from Madrid, stating
that a treaty has been signed for the ces
sion of Cuba to tbe Cubans is generally
credited here, though no official dispatches
are at hand from spe?ial agent Forbes, who,
in connection with Sickles, has been con
ducting the negotiations, framed in accor
dance with a protocol agreed on in this
city on July 1.
The treaty said to have been signed, re
quires the approval of Ccspcdcs and this
government, who are to be in seme way
responsible for the security of the purchase
money. The Cnban envoy is here await
ing advices and also the return of the Pres
ident
Mississippians of prominence write here
that, while the President’s support of Judge
Dent for the Governorship of Mississippi
was folly expected when the latter’s name
was first mentioned for the place, the for
mer’s recent refusal will not prevent the
nomination of Dent, and his election is re
garded with equal confidence. A cam-
campaign of great vigor is anticipated after
the nomination is made on the 7th of Sep
tember.
It seems to be the understanding now
that if the test oath is exacted of the Vir
ginia Legislature, such members as cannot
take it will resign, and thus require a new
election to fill the vacancies. These va
cancies, it is maintained, can be filled by
oonservative men, who can take the test
oath.
Oomlclde In Hancock.
Mr. Posey,of Hancock county shot and
killed a negro man last week, who had
armed himself with a pistol and approached
Mr. Posey’s residence for the pnrpose of
killing him. Mr. P., when the negro had
stated the object of his visit, ran into the
house and got his gun, and coming to the
door fired upon the negro,the negro at the
same time returning the fire. Mr. P.’s shot
took effeotand killed the negro. The sons
of the negro who had attended their father'
in his murderous mission, then fired upon
Mr. P. wounding him severely near the
kidneys, and also wounding a little child
in the thigh, who |was behind him in the
it the house.
The coroner’s jury acquited Mr. P. of all
blame in the matter—Macon Tel.
Cuba.
Cuban affair still remains in a very un
settled condition. Each day’s Telegrams
generally contain something relative to the
progress of the revolution there, but. there
is nothing upon which one can predicate
an opinion relative (o the eventual re
suit.
There have been many rumors of late
relative to the existence of negotiations be
tween Spain and the United States in re
gard to to tbe sale of the Island, bnt the
leading Madrid papers^all deny them. The
government, they say, will pot entertain
any proposition of the kind until the'revo-
lotion there have been snbdncd.
Elephant Flows.
Among the usual agricultural implements
now manufactured in Great Britain, are
iarge numbers of elephant plows, which are
forwarded by way of the Mediterannean,the
Isthmus of Suez and the Red Sea and In
dian Ocean, to the place of their destina
tion. Every morning, at sunrise, the ele
phant takes his mahout by the waist belt,
ilaces him pn his back, and starts jpto the
leld. Two Assistants guide the two plow
handles, and as iong as the sun is above
the horizon the elephant marches along,
throwing np a huge ridge behind him, the
farrow baring a breadth of four and a
half feet, and a depth of three.—Ex
change.
OguThe Eatonton Press and Messenger
tugoitg late corn gone np, hot the whole
yield of corn for Putman is 27 per ceat.
more than last year. Severe wind on Mon
day—slight showers. Cotton much dam
aged by droguht—loss probably one-fourth
0? the cotton crop by hot weather.
gi.Cctton Is opening rapidly every
where, and prematurely. Receipts will be
heavy, we apprehend, for a while; bnt the
bulk of the crop will probably be in mar
ket by December first. Wbat a falling off
from onr glorious expectations!—Macon
TeL ‘ • '•
Sgt.A gentleman writes ns from Camilla.
Mitchell county, August 20th: “We are
having very dry, hot weather at .present.
Cotton, potatoes, etc., suffering—cotton
shedding badly from dry weather and rnst.
Caterpillar doing bnt little barm.” -
Onr dispatches state that Secretory Bout,
well and General Bntler will visit opr
city daring the coming fair.-:-Macon
The Kentucky negroes complain that
glorious liberty of citizenship prevents
theirmarryfog half adozen wives.
CottBilfenoN.—The Harvard professor,
the espousals of whose daughter to Fred
Douglas’ son were recently ejmmioled with
so much eclat, is not a white man On the
contrary, be is a negro prize fighter, who
has been engaged to teach boxing to the
students.
ggk_The N. V. Sun, (rep.) in all allu
sion to the States now undergoing the
proo’ss of “reconstruction,” assures Genera
Grant, that '‘the sooner he abandons a
oowardly and nnprinciplod line of policy,the
better it will be for him and his admin
istration."
J&*Col. Hulbcot has paid into the State
Treasury 825,000 from the earnings of the
State Road for the month of July.
Brecklnbrldgc—Hiu Reappearance at tke
Bar.
At the court-house in Lexington, on
Satnday afternoon, General Breckenbridge
made his first effort at the bar since the
beginning of the late terrible conflict. He
aigned before the court in the ease of Cook
vs. Innis, administration, which involves
some pbstrusp lega} questions. He also
addressed the jury as only General Breck
enbridge can, the power of his oratory and
Mu handsome personal appearance having
the usual striking effect. It has been al
most a decade since Gen. B. has aU^p^j
the conduct pf g legal ease, and the romtnoe,
the victories and defeats, the crushed hearts
and bloated hopes of an uocuccessful war,
caused this first appearance of General B.
at the bar to he regarded with pecnlar inter
est and his remarks to be listented to with
the closest attention.—Louisville Evening
Express, 18<li.
What It Waalnteaded For.
The Wheeling Register says the tost oath
operates only to keep henest men oat of of
fice. That’s all it is expected to
do.
Decisions of tbe Sapreme Court of Cuorgia
oa the Homestead Exemptlea.
Delivered at Atlanta Saturday, Aug. SI.
Reported by N. J. Ilummoud, Supreme
Court Reporter.
From the Atlanta Constitution.
B. F. Hardeman, plaintiff in error, vs. Jno.
. Daw.ier, defendant in error. Home
stead from Oglethorpe.
McCay J.
1. Homestead and exemption laws when
made in good faith, to secure to the fami
ly of insolvent debtors a reasonable means
of subsistance from the’ debtor’s property,
do not even, though retroactive, fall with
in the prohibition of article 10, section 1,
of the Constitution of the United States,
declaring that no State shall pass any law
impairing the obligation of contract.
2. The Constitution of the United States
does not prohibit a State from divesting a
vested right except when the right is vested
by virtue of and under a contract of the
parties.
2. A creditor nnder an ordi
nary contract requires no vested
right inthe property of his debtor,
and it is within the power of a State to de
clare which of the claimants against an in
solvent debtor, a stranger or his wife ancf
family, who by law have a legal right to a
support from him, shall have preference.
4. The condition of this State in the for
mation and adoption of the Constitntion,
of 1868, was anomalous,'and it was com
petent for the convention and the people
with the express consent of the United
States, to adopt as part of the Constitn-
tion the article therein provided for a
homestead, or any other provision designed
to adjust the evils and inequalities pro
duced by the ravages of the war, and the
emancipation of the slaves; such provisions
stand upon the footing of a compact be
tween the State and the United States, at
the close of the war, inadjnstment of the in
equalities produced between the individn-
als by the settlement imposed upon the
-—pie by the United States.
he Constitntion of1868, was made for
a people without civil government, and no
Coart established by that Constitution, can
take up itself a jurisdiction therein denied
toil, by assuming a jurisdiction belonging
to some court of the civil government de
stroyed by the revolution. If the new
Constitntion fails to carry over to the new
organization snch jurisdiction as is neces
sary to enforce a legal contract, it is a fail
ure, not in the power of the judiciary to
remedy. The evil if it he one, is political
and rests with that power wherein deposi
ted the sovereignty of the State.
The homestead provision of the Consti
tntion of 1868, is retroactive, and applies
to judgments, executions and decrees,
founded on debts contracted before its
adoption, even though reduced to judg
ment before that time, and is without ex
ception, save as therein provided.
The exceptions in said provision are al
so retroactive, and cover debts of the. ex
cepted character whenever contracted.
Each of the exceptions is to be read in
connection with the words ‘Judgment,
execution' or decree,” and with snch oth
er words as are necessary to complete the
sense, so that before snch of said excep
tions is to be understood,'the words judg
ment, execution or decree,”, founded on a
debt contracted for the purchase money,
etc. Brown, C. J. concurred as follows :
1, The same propositions whiph are an-
annoutced in the cafe of Shorter, vs. Cobb
as to the denial of jurisdiction to the
courts qf this State, to enforce debts for
slaves or the hire thereof, are eqqally true
and applicable to that part of the npw
State Constitution which secures to each
family a homestead, and declares : that no
court or ministerial officer, shall qver have
jurisdiction qr authority to enfbroe any
judgment, decree or cxeontion against the
property so set apart, except for taxes, etc
as therein excepted. This denial of juris
diction applies as well to judgments, de
crees and executions rendered prior, as
subsequent, to the adoption of said Consti
tution.
2. Amidst tho genera 1 wreck of fortunes
and destruction of rights, caused by the
war, theStatel by her convention, called
as required by Congress, to form a new
State government, had the right to pro
pose this measure to the conquering gov
ernment, which had the rower to approve
and sanction it, as a means of equalizing
losses to some extent, and of retaining and
inviting population, by securing to each
family a home, free from old'liens, which
to have
and., creditor
satisfied by property whiph
by property
was swept away by the delnge of destrno-
tion, which reduced an opulent and proud
people to poverty and drove them to verge
of despair. ■ ‘-‘irj r~
8. In this state of things, the homestead
measure was a necessity, and its adoption
was dictated by sound public policy to save
a large class of intelligent, patriotic oiti
zens and their families from despondency,
by placing it in their power again to be
come useful members of society, and by
honest toil and the exercise 6f frugality
aud economy, to maintain a competency,
if not to acquire, even in a greater degree,
the comfort of life. .
4. Sound public policy required the
adoption of this measure as a part of the
terms upon which the State was to be re
admitted to her rights ia the Union, io pre
vent monopolies, end the reduction of a
large majorrty of her population to a con
dition of tenacity ana vassalage. While
rights and property of every other dezerip*
tion had been lost or destroyed by the war
to have held that judgments, mortgages,
etc., in the hands of note shavers and mon
ey lenders, were the only property that had
been insured by the government, and that
was too sacred to be touched, and to have
made no arrangement, with the aseent of
Congress inreadjnstfog the status of the
State, to prevent the side by tbe Sheriff of
the vast extent of territory in the State,
covered by these old liens, at a time when
there was very little money ip the State
with which to pay debts or to purchase
property, vQuld have resulted in tbo sacri
fice of the lands qf the State nnder the
Sheriffs hunttnefi and their purchase by a
few wealthy persons and companies, which
wonld have built np a landed aristo^ay
more lordly and eontrollfog )a ad muebaoro
exacting and. Oppreesive than ever existed
ubaer the old slavery system. The con
vention had a right to propose a remedy,
and Congress bad a right to interpose and
sanction a Constitution which prevented
this great public wrong. In tbe pleni
tude of this power over tbe conquered State
Congress did so; and it acted justly and
wisely in so doing.
5. That pert of the Constitution of this
State which denies to the courts jurisdic
tion to enforce any' judgment, execution,
etc., against the homestead, does not violate
tbe 10th section of the first article of the
Constitution of tbe United Staten, as the
said State Constitution was farmed under
the dictation and control of Congress, ss
the representative of the conquering gov-
eminent, and is the act of Congress be
cause it derives its vitality from tbe sanction
of Ongress, and not from the free choice
or conseotofthe State; aod it matters not
whether the part of the State Constitntion
now under consideration was dictated by
Congress or proposed by the Convention
and accepted and approved by Congress,
the legal effect is the same, as the whole
instrument was invalid and of no force till
it was approved by Congress, whose power
is not limited by said section of the Consti
tution of the United States.
6. It is not the busiocss of the Courts to
inquire whether the homestead is larger .
than was actually necessary. That was a
question for the consideration of the Con- •
vention which proposed the measure, and
for the decision of the Congress which ap
proved and ratified it.
7. The word incumbrances in the 1st
section of the 7th Article of the Canstitu-
tion of this State is not to be construed in ;
its broad legal sense, and to embrace all .
judgments,decrees, mortgages and execu- -
tions. To say that no court or ministerial
officer in this State shall ever have jurisdic
tion or authority to enforce any judgment,.'
decree cr exeentions against said property .
so set apart as a homestead; except that
they may enforce all “incumbrances there
on,” which means any and all judgments,
decrees and execution which may at any'
time exist against tbe same, is to say that :
the Convention and the Congress were
guilty of the absurdity of denying jurisdic
tion in all such cases by the body of the
act, and restoring it by the proviso or ex-'
'ception,which is contraiy to all true rules of
construction. ■ -1-/V
We are to construe this part of the Con
stitution in connection with the whole in
strument,when we are attempting to ascer-
'tain what the law-givers meant. Taking
the whole as proposed by the Convention,
all jurisdiction was denied to the Courts
to enforce any judgment, execution or de
cree rendered upon any contract made pri
or to the 1st June, 1865, except in certain
excepted cases. Now it seems quite clear
after this denial of jurisdiction,that they did
not intend by the use of the word incum
brances, in the section now nnder consider
ation, to restore the jurisdiction in all ca
ses where it might authorize the sale of the
homestead; the protection of which was one
of the special objects of their labor and care.
Warner, J. dissenting.
The first section of the seventh article of
the Constitution of this State declares that
“each head of a family, or guardian or
trustee of a family of minor children, shall
be entitled to a homestead of realty to the
value of two thousand dollars in specie, and
personal property to the value of one thousl
and dollars in spepie, both to be valued at
the time they are set apart. And no Court,
or ministerial officer in this State shall ever
have jurisdiction or authority,to enforce any
judgment,decree, or execution against said
property so set apart, including such ' im
provements as may be made thereon from
time to time, except for taxes,money bor
rowed and expended in the improvement of
the homestead,or for the purchase money of
the same,and for labor done thereon,or ma
terial furnished therefor, or removal of en
cumbrances thereon. .
Although the foregoing provirion of tho
Constitution docs not,in express terms,iq-.
elude contracts made prior to its adoption;
still,the words employed are broad enough
to include judgments obtained on contracts
made before that time. All remedy is de
nied for the enforcement of“any judgment”
by denying jurisdiction of the Courts. If it
was intended that this provision of the Con
stitution should have a retroactive opera
tion.raid apply to past, contracts, then It is
ex post facto iu its chnraoter and is viola
tive of the fundamental principles of the so
cial oompact, as was held and decided by
this Conrt in tbe case of Wilder vs. Lump
kin 4th Geo! Repts. 203, and also is in vi
olation of the fnndamental principles <fei
clared by the first, fifth, and tweuty-Aixth
sections of the first article of the Constitu
tion 1868jthU provision of the Constitntion
takes property of the value of three thous
and dollars in specie,which was aqhject to
payment of the debt of the creditors at the
time the contract was made under theq ex
isting laws of the State, and whieh, in hon
esty and fair dealing justly belonged to him,
and without his consent,transfers'it to the
debtor. When we take into consider
ation the gross and flagrant injustice which
will be done, by making the general words
of the Constitution embrace past contracts,
we ought,as a Court,iq all decency, to pie-
same that it was not intended by the fra
mers thereof to have a retrospective opera
tion,bflfc'oply applicable_to such judgments
as might he obtained oncontracts made af
ter its adoption. Bnt if it was intended to
embrace judgments on contracts made pri
or to its adoption, then this provision of the
State Constitntion is in violation of the 10th
section of the first article of the Constitu
tion of the United States, which declares,
“No State shall pass any law impairing the
obligation of contracts." Althsagh the
Constitution of the State is ity fnndament
al law,still itisa law of the State,and if any
of its provisions impair or destroy the obli
gation for contracts, it is as mnch within
the prohibition of the Constitntion of the
United States, as any other law of the
State, and to that extent, is null and void.
The first section of the seventh article of
the State of Georgia, in my judgment, not
only impure the obligation of the contracts
made prior to its adoption; bnt in a|l eases
where the debtor’s property doe* not ex
ceed in value the sum of three thousand
dollars in specie, it destroys that obligation
by the denial to one of the contracting
parties all remedy for its enforewaeat nn
der the laws whieh existed at the time the
contract was made, and is therefore a palpa
ble violation of the Constitntion of the Uni
ted States, which is the supreme ]aw of
the land—and consequently jp null and
void. This clause being void docs not
therefore defeat, «■> aka away, tbe juris
diction of the Snpenor ^Courts “in all oth
er civil cases” as expressly conferred by
the third seotion of the fifth article of the
Constitution of 1868.
Toombs k Dubose, for plaintiff in error.
Wm. Reese, for defendant in error
[Special Diipateb to tke Baaaer.
Mwiyhifc
The Sheriff of Fayette eounty has the
citizens of Macon under arms day and night
in anticipation of a negro riot. Forty of the
latter are already put in jail at Summer
ville. He sent to Memphis for United
States troops to aid him. There were none
to send.
On Monday a large meeting of blacks i
was held at the home of one Mr. Dowe”
all were armed. Measures ware eoneoefa
for the burning of tho village. Five of |
the Sheriff’s posse were sho* that evening,
bnt the colored troops to the number of ]
one hundred were routed by a charge
eight white men. At present things
qniet.
