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TBllM* ur iUHedUlTIOH.
Dailr. P or month • • f»
Weekly, one year. 3 Vx
simile conica at tho comiter y y •••*"•• v •»••• *f *9
Slnulo topic# to New* Boy* and Amenta,.,.. •
* RATS* or AWVWtTWlRO.
For each ware of It) line# or lea«J, for the first ln*crtton
and for ##eh auhaequent Inacrtion 60 cent#.
' " ' ' s S 8 8 8 8 3 8 S 8
•siruouic S 8 5 3 s s a $ g .»
■.mtKHUB' S’ 8's a ? S 8'P 8 §
^-a-f^e^nrT'rT
;wui|i»l ■« s S j ! 8 S : : •
"fҤ~rr-o"
... ..... . . TT
_ ii m ' ■» <a o t- 5 8
biu'CiM Notice., SI) cent, net line flttt Intortlan, nnd 10
rnts twr line for each «nb.c<|ucut Incortlon. .
AdvcOlKraenW Inserted at Interval, to be charged as
" J uiverU»bmerf» I1 ordcH>d tofcemstaon any particular
<■&'aawasss&sBs*. •»-
35sar^?«sarfiW
gericer." jaiieD IRWIN WHITAKER,
Proprietor.
rai’Ero&d guide
(teurttlu Kallvnttd,
B. W, COLE, tiupcrhtlmdmt.
n*Y rAtseaotR trai».
Is-uve Atlanta
Arrive at Augusta..
Atlanta !
NIOIIT rASSBSoan TRAIK.
IMS A. M
11.00 P. »l
..,..7.00 A. Jl
0.35 P. >1
«.») P. M
Arrive at Augusta.
Leave Augusta...
Arrive at Atlanta,.
Atlanta Sc Wcat-Polnt ttutlroad.
GEORGE O. HULL, SuptrUUtnUni
Uave Atlanta..... • • • •! I5s!ffi »' J j
larave West-Point «•& fi 2
Arrive at Atlanta. .. W 81 ^ *
To take effect on nnd alter September SJ, ISIS.
Montgomery Sc Wcat-Polnt Unllroad.
DANIEL II. CHAM, »,pcHrJendcnt. .
Leave West-Point.. . .
Arrive at Coinlalw......
Arrive at Montgomery..
Grave Montgomery....
1.1S P. M
0.48 P. M
. 0.15P. Al
4JB A. Jl
05 A. M
Leave Columbus a.
Arrive at West-Point . 19.00 Jl.
To lake effect September SI, 1805.
Milt-on Sc Western Hnllroad.
K. B. WALKSuTsiirirthitiul'iit.
DAT rASSUNUBn TKA1H.
leave Macon 7.30 A. M
Arrive at Atlanta 1.871*. M
Leavo Atlanta 0.88 A. M
Arrive at Macon 1.35 P. Jl
IVettern Sc Atlaiitlo ltallroad.
CAMPBELL WALLACE, Suixrlntemlcnt.
Leave Atlanta
Arrive*! Cbaltanongii
Leave Chattanooga
Arrive at Atlanta
Leave Atlanta
Arrive at Chattanooga
Giave Chattanooga
Arrive at Atlanta
5.80 A. 1
8.85 P. 1
7.30 P. I
5.35 A. 3
0.I0P. J
4.40 A. 1
KINOSTON ACCOMMODATION,
Leave Atlanta 3.15 P. I
Arrive at Kingston 4.05 P. 1
Leave Kingston 6.00 A. 1
Arrive at Atlanta 10.00 A. I
1866 FOR 1866. 1866
BRADLEY’S CELEBRATED
Ed
c.
a
a
KACII noop BEING COMPOSED OKI
Two Perfectly Tempered Single Springs
Braided tightly together, edge to edge, forming one
Hoop, and making the Strongest and most
Flexible, the Lightest and most
Durable Spring made.
They will not Bend or Break like the single springs, hut
will always preserve their
PERFECT AND BEAUTIFUL 8HAPE
IN ALL
CROWDED ASSEMBLAGES*
CHURCHES,
THEATRES)
RAILROAD CARS,
FOR PROMENADE,
OR HOUSE DRESS.
In foci, they are aupurlor to nil other*, combining
Comfort, Economy, Lightness & Durability
INQUIRE FOR
BRADLEY’S
duplex elliptic
OR
DOUBLE SPRING- SKIRT.
For sale everywhere. Manufactured exclusively by Iba
•ola owners of the Patent,
warn, BRADLEY t I'AKY,
No. Ift Clutmbera and Noe. 711 and hi Uradu ala., N. York
For sale in Atlanta by
Msasaa. TALLEY, BROWN * CO.,
BCOTT, PARKONB * FREEMAN,
And all other Mrrchiot* Mho sell First-Class Blilrta In
'“Is rily and throughout the KouthrrnHtalcs.
The New Patented Empress Trail
*»»0W all the rage In New York, London, Purl* nod
throughout Europe,
WniKHI be inn (bat J. W, DILADLEY'H nantn la
“t Hklrt Hand. AU other* artaporloua,
"ERROR CEASES TO BE DANGEROUS WHEN REA80N IB LEFT FREE TO COMBAT IT."—Jefferson.
YOL. XII.
ATLANTA; CrA.. WEDNESDAY. JUNE 20. 1866.
NO. 143.
Frofbsslonol Cai'ds.
GATE CITY LAND OFFICE,
‘ WITH . f
Esxartl A Hulsey, In tho Norcroas Comer Building.
SUBOOS A. BULL, P. It, BULL.
BELL & BELL, Lt
ONE, AN ATTORNEY AT LAW, ATLANTA, OA.
WILL glvo strict attention td the tionl Estate Bilal,
vv , iiesa, Convevandng,.Writing Contracts and WUG,
.on <« nt.lfln., O...I„..,„_,. .».!
marS3—Sul
LAW -
W, T. WBIOIIT, E. pi WATKINS, tC.DOVOt.A99.
WRIGHT, WATKINS & ROIIGLASS,
ATTORNEYS AT LAW.
Will practice In all tho Courts of LAW and EQUITY
In this Stale.
Office lathe LynchBuii^i|,4!i)nictr YirhltohaU and
ATLANTA, GEORGIA-
ALSO, AN OFFICE IN
NEWNAN, GEORGIA.
Where oite of tho Firm will always bo fouiid.,
PIIOMIT ATTENTION GIVEN TO -BUSINESS.
Jef>—Ini
LAW CARD.
ROB’T BAUOH
H A ^vseL"»hiL L & null,lln8 - curner or
Prompt attention given to business.
' •' ]Q5r-tia«
JUtKI'll K, BROWN. JOHN D. POCX.
1IHOWN 1*01*13,
ATTORNEYS AT L A W,
ATLANTA', OEOROLl.
YX7ILL practico In any nr all tho court* of Utfs Btato
XT whtjro they may be enllcd by professional business
wliich will lustily tltuir attention.
Also, In tho Unltcd.Statea District tutd Circuit.C'purts.
Oniceon Whitehall street. - ~
DR. E. N. CALHOUN
I NFORMS his old patrons, nnd the cltlxena generally,
that ho baa removed bis offleo to the store of Messrs.
Arnold A Jones, on Marlotta street, next door to JI.;K.
Bell & Co., where he can Iw found during the day, nnd
. ... . . them professionally. RcBldoncc,
‘ “ mayh)
DRS. MURPHY Jfc IIiU?E>
SURGEON DENTISTS,
IAKE pleasure In announcing to the elt-
Those having decayed teeth or roots, which render the
breath oilenslvc, vitiate tho secretions of the mouth, Im
pair digestion, and ruin the general health, cah’-Obtain
permanent relief without rccourep to. attack nostrums,
which are not only worthless but Injurious In their cf-
or roots extracted.
We are permitted to refer to tho following Physicians
of this city: Dr. T. 8. Powell, Dr. J. P. Logan, Dr. It.
C. Word, Dr. II. I,. Wllsou. K
aprt5-3m
.1. B. MUIlpnY.
ALBERT RAPE. D, D. 8,
PIANOS! PREMIUM PIANOS!
NEW ARRIVAL OP*
7 AND 7 1-4 OCTAVE PIANOS.
A NOTHER supply of the well-known^deservedly ap
preciated aud popular PIANO FORTES, made by
H. VFOKCE8TKR nml I
HAINES 1IKOT1IKHN, f Now York.
Has Just been received, nnd are offered for isle it pflees
to snlt tho present.tliues by their authorised Agent,. -
II. BHAUMUtLKIt,
Whltchan Street.
Musical
lent of Cie boat
Heun la rampblot at Die
PT'Tlio opinion and Jn
Talont of tills conutrr, may
Agent’s Store.
fc!T"The highest price allowed for old Pianos when ox
changed for new one*.
Good Mccond hmid Pianos for sale or to rent.
AT GREATLY REDUCED PRICES!
A LL Straw lint* and Bonnets are offered for wile, con*
templnting a thnngu of hnalnuta, by
Mnh. IIKAuMULLKU,
may25~8m _ Whltehnll Street.
.WcniUI>i:, ])OHHETT & ('O
iMronTena and DtaLinsin I
CROCKERY, CHINA & GLASSWARE,
Corner Whitehall and Hunter Streets,
ATLANTA, GEORGIA.
The Largest stock eyer Brought to this City
drauitc nnd Crockeryware direct from tho Pottcrie*;
Porcelain and (IhtMuwnrc from Importer* nnd Mann*
fneturer*;
Full linen of Granite, Crockciy and 01a**waro in tho
original package, very low to tho trade;
160 dor. White China Tea*, very cheap;
Klegnnt Dinner and Tea Set*, In Plain and Ornamented
French China;
Toilet Hot* In Granite, China, &c.
Fine Table Cutlery, Plated Ware, &c.
tar'Cluooda dlrcfolly ru-packcd fur tho country tnulu.
Jlrrchanta are moHt respect fully Invl tol to exitiulue our
stuck. Wu fuel runlldetil Unit we can give eatlelacliuii In
price, quality and quantity.
Orders solicited. »prH—3m
NATIONAL HOTEL,
Comer Whitehall Street and Western & Atlantic Railroad,
ATLANTA GEORGIA.
This Newly Erected, Commodious,
FIKHT CLASH IIO'IMII.,
Elegantly furnished throughout, aud romplatu In nil Its
appointments, will Iw thrown nj>cii for the recc|e
lion of guests,
Bloiidny livening, May Elat, 1800.
A TTACHED to the Hotel la a duo Billiard Parlor wlllt
Iltelan Tables. A drat class Bar, hilly and com
pletely stocked with choice liquors, Wluus and Clgam.
Thu patruunge of the public Is rcspoctfolly solicited.
l'llATT, l*OND At CORP.Y,
Proprietors.
II. D. Ilauiua, Clerk.
Lute of the "Brown House," Macon, Georgia,
msyao-dm
A.tlmi,ta AdyorUkemciilSt
Atlanta Machine Works,
AND
, IRON AND BRASS FOUNDRY,
■ : -l , , '.'i;TrtUrtr-■ ■ . .-
P0RTEE, BUTLER & C0„ ProprietorA
Prepared.lo Jlatmfnctnro and Repair
MACH I,N EB Y,
Portublo and Btationary Steam Engines and Hollers,
Grist and Saw Hill Machinery, Ac. 1
... . .ALSOye
Iron nnd Brass Oaitlngs; '
Building; Fronts,
Irgp Ra.uing, .
.Jill) (lasting,,
1 -Sugar Milts And Boilers,
PljJtH, Pulleys, Car Whpela and
Rajiroad Castings.of overy description.
PATTERN*, MADE TO ORDER.
Saws Re-Toothed and Giimmedirt the beet manner.
GSyWe promise DilthfdUy to execute all order, with
punctuality, and guarantee satisfaction. Terms fuvora-
Wi :.»n 1 ( . .. f - ’ •! * ti' nl
At tho old stand of James L. Dunning
ATLA‘rMfi7'WQ(RGIA. 1
mnrirf—3m
I£. M. CLARKE,
■WHOLESALE grocer
—AND—
COMMISSION MERCHANT
Whitehall Street,
ATLANTA,
GEORGIA.
300
rAVING RE-BUILT MY STORE and WAREHOUSE,
LI am now prepared to do a largo Grocery and Pro
flneo business: and from mylongexporlencoln tho trado,
(twentyyear,,> feel ednfldent IhatTWIIl hoablotoglvo
foil eatlfactlou to all mat may give me a trial.
CORN, COUNI
5000 SACKS CORN. In store and for salo by
; B.M. CLARKE,
, Whitehall slreot.
UA.CON, - 1JAOON I
gQ CASKS Clear SldosBatyu,
10 casks Shonldets,
10 casks Hsms^-SngarOured and Plain.
In store and for salo hy
R. M. CLARKE,
Whltehnll slrt-vl.
FLOIHL~FIiOllli I
BARRELS FLOUR. In store sud for sale by
li, jl. Clarke, •
Whitehall slreot.
POTATOES I POTATOES I
2 q BARRELS POTATOES. In store and for salo by
*" It. Jl. CLARKE,
Wltllcluill street.
OATSroATS l
100 SACKS OATS. In store and for solo by
PBA8~PKAS I
1000 w 8 * 1 ** “ na F * mUy rc<,B ' ^“ r
“* 1 R. Jl. CLARKE, '
rl3—c Whltohall-streot,
.1. K. GA'I-LjATT,
BRASS FOUNDRY, GAS FITTING,
—AND—
GENERAL REPAIR SHOP,
Corner of gutter and ltallroad Streets,
Opposite Ga. R. R. Machine Shop,
ATLANTA, GEORGIA.
H AVING withdrawn from mo Brut of Gullalt, Butler
Sc Co., I have established myself permanently, to
do Foundry work In all of Its lirnnciice.
Jn Brass, German Silver, Iron, &c.,
.Will keep constantly on hand nnd Itir sale,
BRAZING, BPELTBH, RABBET
AND ANTI FRICTION METAL,
TINNERS’ nnd PLUMBERS* BOLDER.
CAS FITTING and JOB WORK
Dune In mo best workman-like mannerandwlth dispatch.
Long association with tho mechanical luteroata or At
lanta authorizes me In soliciting a share of patronage
from my old folands. Thoeo at a distance who favor me
with their ordure shall Itavo evidence that they will lie
t promptly and faithfully.
(Idress
mays—8m
LAUIiJcAl A.
Atlanta, Ga.
MASSEY & HERTY,
DRUGGISTS,
WlnTBIUjjli STREET,
ATLANTA,
OBOIIOIA.
Pure Drugs, Chemicals, Patent Medicines,
Forfumorioi, Toilet Articles, Stationery,
C1GA.11H, WINEH, LiqUOltH,
Dye-Stuffs, Points, Oils, Glass, Putty, Ac.
Coal Oil and Lamps, Machine aud Tannon* Oil al-
waya on hand.
HP Physicians' prescriptions cnrefolly compounded at
all hull re. nprt3-3m
n. X. rAitiun.
h'lnh d on every
— - fallgD—<to>
bmmbl & ccT.,
*** YYldtaSaU, between llenter and Mllchell streets,
FIOKKN KEAN,
Wholesale and Retail Grocers,
Bluo Honae, Peaeh-Trco Street,
ATLANTA, 0B0B0IA,
Keep eonstaatly on hand a splendid assort incut of
Groceries and Fresh Country Produce,
T O which me attention of fsmltloa In tha city Is di
rected. Their present stock consists of
Cigars, Meal, Peas and Corn,
Candle*.Tobacco, Raisins,
Cracker* and Liquor*.
Tito country »nd city trad* *nppll*d on good Una*.
«prt-gtn
GENERAL INSURANCE AGENCY,
ATLANTA, GEORGIA.
W. XI. HANCOCK, Agent,
I S prepared to take Risk* on Home*, Merchandise.
Homo lusunnre Company Savannah.
SuBIbrrn Insurance A Trust Compauy Savannah.
llama Iniuranca Company New Haven.
Putnam Fir* Iniuranca Company Hanford.
Fallon fir* and Intunnrti Company.,', Now York.
Excelsior Fir* Inanranco Company New York.
rV*Offlei> at thu (turn of Salmons, Slinmons A Co.
,,. r ii. r H l,II. tin 11 nml Alabama .Ir.-.tn. innillO-3m_
T» JIILL13IIH,
TXKST niullly DUTCH BOLTING CLOTHS. "Hat An-
%£? t,rau,, ■ J “' 1 Tm! * “c. a'lkxaSder.
ORME & FARRAR,
WHOLESALE GROCERS
ComrniHsion Merchants,
Marietta Ht rcot,
ATLANTA GEORGIA,
m*yS-o
LEVY A BLOCK,
West sldo Whitehall, between Hontorand Mitchell sta.,
H AVE Just received ami are now opening a largo and
thablooaoM stock of Spring nmf Hutiuncr
STAPLE AND FANCY DEY GOODS.
Also, Ladles' and GcnUemen's Boole and HIioch,'Ho
siery, Notions, and Ladles’ Under Wear, Ac. *
offer tn tile cltlsona nl AtUula and sttrronni*
whjCU they
, ug oo no try
st the lowest ntsrketprices. Thankful for past 1st01 s,
they sollelt a eoiiltaualloo of their patronage,
N. II.—They also have an hand a la rut assortment of
Pne French and Kugllalt Broad cloths, Black tod Fancy
Casalim-re, Tailors' Trimmings, which they offer to tnakn
to order tutbc I’jusl f**h|uJuT>la style tnd at '
„ —„ ,y!e and at |hp i_
notice. They also have on hand a large assortment of
H^rlug and Summer Clothing, Gents' Furnlehlu^ Goode,
Atlimla AUvoi'tlHomeiitN.
iTTOflE AND ARRIVING:
5000, bags Whllo Corn,
5000 hags Yellow Corn,
10 tlcrccs Shoulders, (In slnre,)
50 casks Bacon,
SOO barrels F|ottr-nll grades,
30 barrels A Sugar,
10 barrels B Sugar,
30 barrels C Sugar,
S3 barrels Yellow Reflncd Sugar,
30 bags Coffee,
100000 Cigars—all grades,
50 boxes Tobacco,
Sardines, Pepper, Pickles, &c.
jel7—c
LANGSTON, CRANE & CO.
BOOKS! BOOKS!
pq
■•m
CO
fl)
M O .
“• a o
*
u
o
is
ID
S3
OS
o
s
z
o
o ii
g
* a
53
§
.«
<1
M
£ *
J P5
J o
1 <r
g H
% &
i <
8 sq
Eh
<1
N * CONNOR beg lenvo to inform tholr
friends snd the public generally tint they are now
prepared to Oil all orders for
'*Standard Works,
Mleccllnneons Books,
Books,
And almost every variety of
Plain and Fancy Stationery.
They hare, also, a large stock of
Blauk Day Books, Ledger*, Ac.,
Connty
Memorandum, Copying,
and Composition Books,
AU or which we will soil at NEW YORK PRICES.
I'lea so call and see ns nnd oxaralno oar Slock.
Jel7—Sun AWcnlm
M. R. BELL
CO.,
PRODUCE FACTORS *
—AND—
COMMISSION MERCHANTS,
Marietta Street, Atlanta, On.
AOINTS FOR T1IK SALE OF
GUN POWDER
XANUracTttnZD ET
E. i DUPONT, Dk NEMOURS & CO.
PRICE LIST,
CANISTER POWDER, IN CASES, 35 BACK
Ruperflno Eagle Sporting, 1 lb each ,34 00
Superflne Eagle Sporting, U lb each
Jlupunt Rifle FFg nnd FFFg, 1 lit each
Dupont Itlfle FFg nnd FFFg, H lb each....
KKO l'OWDEIt.
Rlflo Powder, FFg and FFFg, In kega, 35 lb* each..,11 60
Bin.tine l’uwdcr, F, lit kega, 35 Iba i-mJt 7 00
Bhiating Powder, FF, In keyo, 85 Iba each 7 35
PATENT SAFETY FUSE.
Single Tape, per 1000 feel $16 (10
Common Tape, per 1110(1 feet. 7 60
HTTcrma—Net Csah. Delivered at Bin Jlagazlno
tl»t|y,jol7—Iw*
in on
30 00
It 35
CJIiMlLEiS BOHNEFELD,
UNDERTAKER,
Coffins, Melalic Burial Cases and Caskets,
awn aobnt ron
CRANE, BREED Sc 00., Cincinnati, Ohio.
H AS how a beautiful aud complete assortment of Mc-
tallc Burial Caaea and Caakata on hand, at pricea to
suit all cuatontera. He la prepared to All all urdera Id bla
Hue at ahorlevt tiutlcu and with greatest dispatch, and
nttenda Funeral*, If desired, with his elegant liearae.
l'eraona front abroad wishing the disinterment and re
moval of any of their friends or relatives, would do well
lo glvo bint a call, for, at bla arrangements for Utla par
ticular braucb uf butiaeas aru now thoroughly completed,
nut! a record of thu na a <if Uinaa in! ■ • •
rled around Atlanta l . ,
and money by sending tbelr urdera to him.
Dealers and Undertaken will And it to their Ini
oxnmino bla Block before pttrchulng elsewhere,
JelH—Sill*
BUGGIES, CARRIAGES,
Iron Axle Plantation Wagons, Ac.
Itrlt. O. II. JONES la our solo Agont for the wile uf
ill Utigglca, Carriages, I'lanlation Wagons, Ac., In
Atlanta, and will keep constantly on hand, for sale, at
manufacturers'price*, the above arllrles. and any order*
sent through hint will be promptly fllled by us.
All work warranted for twelvo mouths.
GOWER A Hit'll, Jtannfarlnrera,
Gainesville, tin.
ON HAND AND FOB SALK.
1 bavo received a lot of the above named articles, which
I can sell cheaper than Northern Anna, besides being
much better work. Tim reputation of tho above Arm la
known fur good work all over.tbe Statu; comment la
WmsuHmSS my'stableaaud'tMr-
•trtot. Tho public are re-
oxamlno work and price* bo-
riaiM HapOMltorr. on I*ovd
sp^fullv Invited to call aid
ro|^punfta.lng elsewhere.
ATLANTA COMMERCIAL COLLEGE,
Corner Whlteballand Marietta •tretla.
OPEN DAY AND INICJIIT,
AND
STUDENTS ADMITTED AT ANY TIME
A ND will reeelvi
jn,i UtoronL..
Book kcrplng by doff
MwttMlTlHML _
cotallon aadCommercUl Law,
TKItJIs Day BtmuitC $15 pur monthi Night Blu-
ill-ills, $10 per month. aprlT—3m
[TUJ.O.*.]
mONKY TO HK MADE
D URING Hie very dullest summer months. A partner
with $3.UUI ur $3,UU0, wanted to enter a new enter-
prise that will pay wall ^tRDON* ° R
Cammta.lun Merchants,
JsU-C.
Fraukiiu Block, Alabama street.
PUBLISHED DAILY AND WEEKLY BY *
JARED IRWIN WHITAKER,
I Propilotor.
OFFICE—Second Floor Crow’aBtilldlng,entranco Wide
Stairway,Alabama Street.
ATLANTA QEOBOIA
Wedneaday Morning, June 20, 1866.
- * nt . (Argument
Of Ej> Qomnot 'Joieph E. Broun, before the Su
preme Court of Georgia: at hfilledgcviUe, June
18th, I860, bn the Oonttltutionalitg of the Stag
Lau^pauedby the legislature of Georgia, at its
May it pleats the Court: I entertain no doubt
that tho court fully appreciates- tho delicacy nnd
. importance of tlio question now. beforo it for ad* 1
judicntioii. No man Who has a heart to sympa
thise with the aillictcd and- distressed, can-shut
ltis eyes to tho consequences oi the judgmeftt to
ho rondored in tliis case. Our.people nrojCKs.
haustedby four years of bloody And cruel War,
during which, cities,, towns and yillogos, iipvo
been destroyed—dwelling-houses have -ifcon
jjqrpt and plantatiohB dovitstatcd, and stripped of
tho stock necessary to their support and eulthre; ,
S'tJMSrteK.lLeSS.E 1
-
TJho abolition qf slavery—a yc8plt x of tho, war,- thatlwrnedaod able Jurist st
.has left thousands of others who were wealthy, J 1 ,lie place gets upon
ltl> consisted mosUyol their slaves, S^ 'ts con8irucUon, validit;
or rednee them to the small dimension coyeroti
by the poorer debtors net. ,‘Givo these people
lime, aud by labor, energy and rigid economy,
they will pay without the sacrifice oT their Hqrilcs,-
' "Ulc remnant loft tlicrn. Let looso their
:nt condition of the country,
or tho Hi
creditors ...
nnd their property must bo. sold’
prices tho dobts left-partly unpaid, add timy-re
duced to poverty for the balance at their livei
buy it, atony 1
But”Ynmy”be reminded that your Hpnors t
ire to administer tlio. law, and that you have j
hero
right to look to consequences. As a rule of uni
versal application 1 deny it. When tho rule of
law is well settled, and there Is no ground for
reasonable doubt the proposition is correct. But
when you are called upon id f-ut aside an art of
the legislature, passed upon the (idlest and. most
deiibeinto consideration )«nown to our-GoiUGtu-
tiou and form of'government—by b mqjarfty of
over two-thirds ~ot both Houses, and when the
question is ono upon which there are not only
rcnsonablo doubts, but Upon'which the ablest
jurists and statesmen of this country have dif
fered -~--
ion
fore you . „
question, which must work almost utter ruin in
a very large proportion 'Of thfe'people of your
State. It is one of those cases where there cun
he none so high as to he free from personal re
sponsibility ; none, in position where they can
with propriety'shut their eyes to tlic conse
quences.
With theso preliminary remarks, I now lay
down tho following propositions, which Ihhpu
lobe able to sustain by authority, to llm satis
faction of tho court:
1st. 'While courts have tho power, nnd it Is
their duty, when a proper case is made to declare
ucts of tho Legislature, unconstitutional nnd void;
such nets are nl ways presumed to he constitu
tional ami the authority .of the courts to declare
them void, will never -be resorted to but in clear
and uraent coses..
2d. There .Is a. plain distinction between. the
obligation of a contract, and .the remedy for its
enforcement, and while the legislature may not
impair the o/iligatioti of the contract, it has tho
undoubted right to vary tho nature and extent at
.the remedy, and to proscribe the tfmra and modes
within which it shall be pursued. A law which
tehoUy.exhnguiihei tho remedy Impairs the obli
gation of thu contract, but -the legislature lias
Had. The law of the place Is no part of the con
tract, tho Legislature may change the law In ex
Istencent the tinic, so far as it aett upon the rami
edy, if a substantive remedy bo left, without Im
pairing the obligation of tho contract. i
4th. Time Is not generally of tho emnee of tho
contract, unless the parties have expressly stipu
lated that it shall be «o, or it necessarily follows
from the nature and circumstances of the con
tract, therefore an act of .the Legislature acting
upon the remedy without destroying it, und ex
tending tho time of performance, does not im
pair the obligation of .the .contract,
5 th. The contract of the. parties, so far as time
Is concerned, is neper carried into effect by the
courts, as relief by .fiual judgment and execution
can never be asked of thu courts, till the con
tract has been broken by the failarc of one of (he
parties to comply with It at the time fixed by them
lor its performance.. The law fixes no definitc\
time for tho performance of a contract already
broken by non-compliance of the parties at the
time agreed upon.
In support of the first proposition, I might cite
numinous authorities, hull urn content with two.
In the ease of Ogden vs. Sauuders, 12 Wheaton,
070, Mr. Justtu) Washington, of tho Supreme
Court uf tho United States, says, “It Is but a
decent resjiect due to the wisdom, the integrity,
nnd the patriotism of the legislative hotly by
which any law is passed, to presume in favor of
Its validity, until its violation of the constitution
is proved btyond all reatonubiedoubt." In Id Geor
gia llciwrts, page 102, the chief justice ol this
Itonurahlo court (Judge Lumpkin) uses thu fol
lowing clear nml strong language, which is pre
cisely in point:
" I need not repeat here, whnl has ufien been
declared beforo, by this court, viz: that acts of
the legislature are not only presumed to be con
stitutional, hut that the authority of the courts to
dcclnro them void, will never bo resorted to, ex
cept in a clear and urgent cose—ouu which ia di
rectly in the teeth of thu constitution; as if the
legislature were lo vest the executive power lu a
standing committee ot the Uonse of Representa
tives—ono which requires nonice critical ucu-
men to decide on its character, but which isos
obvious lo the comprehension of any person as
an axiomatic truth; os that all tho parts arc equal
lathe whole,or that two and twoinukofour.”I
Now, while 1 admit .that the authorities are in
much conttfot upon the question whether a stay
law of tills character violates the constitution; I
expect to show thnt the conflict between the stat
ute and the constitution neither bxlsts beyond a
" reasonable doubt,” nor is it as plain ns an “axi-
omntlo truth," but so tar from this being true,
that tlm weight ot authority Is ou tho other side
of tho question. While my own mind Is fully
satisfied upon this polut, I beg tho.court to bear
in miud that all I now have to do Is to ralso lu
your minds a reasonable doubt, and you arc I
bound to give the benefit of the doubt In fitvor of
the statute, and refoso to declare it unconstitu
tional. If I succeed, I know my righto, and your
honor* know your duty, whiobwlll, no doubt,
he a pleasant one.
Tliis, then, brings mo to the consideration of
tho main point contained in the second proposi
tion. Docs this law impafr the obligation of con
tracts!
What Is a contract?
Chief Justice Marshall, In tho case of Bturgca
vs. Crownlngsbleld, deli tied it to ho "an agreement
wheroin a party undertakes to do or not to do a
particular thing." Mr. Justice Story adopts the
same definition, nnd adds, "or a contract la a
compact between two or more persons." Btory
on the Constitution, sec. 1870. Wlmt Is tho oW*
gation of a contract? This question is not so
easily atwwored. While cveiy lawyer seems to
havo in bla mind nu idea of what is meant by tho
obllgatiou.of a contract, few jurists or statesmen
have agreed U|am a precise dcIinUhu. Chief
Justice Marshall, after giving tho definition of a
contract ns above, adds, * the law binds him to
perform his engagement, aud this is, of course,
the obligation of the contract." And in Ogden
vs. Btumders, page 850. he says, “ contracts have
nn iulrliisloohllgulion. Again, lie Suva, on jingo
853, '■ these words of the constitution went to
Import that the ohllgntlou is Intrinsic, that it Is
created by the contract itself, not that ills de
pendant on tho laws made lo euforce It."
Mr. Justice Trimble, lu thu same case, |tnge
81S, says: " the obligation ol thu coutract con
sists in the veneer of (Jlroeyof the law wliich ap
plies to a ml eu force# performance of the contract;
or tho payment of an equivalent for tiie non-per-
.fprmancp."
Judge 8tory says, 1 " when wo speak of the ob
ligation of a contract, wo include In tho Idea
some known means acknowledged by .the muni
cipal law to enforce it." Story on the Constitu
tion, see. 1881; and in 1883 he says: “The civil
obligation of a contract then, though It can never
ariso or exist contrary to positive Tuw, may arise
or exist Independently of it; and it may: exist,
notwithstanding there : may bo no present ade
quate remedy to enforce it," Mr. Webster, ol
counsel in the case of Ogden vs. Sauudars, page
289, givps tho most concise nnd probably the most
satisfactory definition. He says: “by the obliga
tion of acontract wp should understand the con
stitution to mean, the duty of performing a legal
agreement
Tho. party who enters Into a legal contract Is
' erform his agreement,
igation of the contract,
’.he law. comes
i^aprijendA Its
...... Mali, to' compel pefforrrtarice..,RtttUiA i
rpfoedftil aid is afforded by each State in its own
Way, and upon its own terms, with tltis single
restraint, that , in moulding .the remedy* it shall
.PC so shaped os to bp tumanlire, and shall pot
umount to.a destruction ot tho right by a denial
. The law of the. State in existence atthe time is
admitted by high authority to constitute no part
of. the contract; a. change of the law, so. for as it
in the remedy, cannot, therefore, impair
jatfon of the contract. Upon this point
beg to refer, the court to the following authori-
;In Story on the Constitution, sec, 1384
' 8iiy«:!‘Althp0ghthi
ia contract and gov-
„ Ml , r ity and obligation, it
constitutes no part of it The effect of such a
principle woul4;be a mliwhivqous abridgement of
leglsfotivo power, over subjects within the proper
jurisdiction of States, by arresting their power to
repeal or piodifiy such laws witforespect to exist-
Chle/justicc Marshall says, 13 Wheaton 348.
vituitt, uuu uecotnu a pare oi me agree
ment. . I might add many pther authorities upon
this ppint, hut deem it unnecessary. ’ T
The effect of Itolding that tho luw of the place
is port ot the contract would bo to deny to the
Legislature the power to change any law in exist
ence a| the time ot the contract, which in any
manner acted upon the remedy; ns to change
the period of the limitation laws, alter the acts
upon the subject of insolvency, or other like Ieg-
But the question originally regarded ns a more
difficult one, arises hern Docs the remedy given
by law for Its enforcement, constitute any part of
the contract? In other words, may the Legisla
ture repeal, niter or vary the laws governing the
.remedy without impairing the obuga(ion of the
contract? If a mlulantiec remedy is still left, I
hold it Is within thq npwcpol fop Legislature to
change, alter, or modify foe laws governing the
remedy, as to tlie legislative. mind it may seem
proper; onci.foat this putfer is not restricted to
inUtre cpplracls, but applies to those already in
existence os wc)l as to tliosq hereafter to be made
Upon (his point, as it seems to be probably the
most iipportani one in the cuse, 1 beg tho indul
gence ot the court if 1 should detain it by a more
extended reference to authority.
That tho remedy constitutes no part of foe con
tract Itsclt, seems to he very clear, when we re
flect that they are not coeval in point of time.
Upon this point, Chief Justice Marshall says,
in the case of Ogden w. Sanders, 12 Wheaton
® ,-’50.r’51: .‘‘They originate at dhlerent times.
3 obligation to perform is coeval with the un
dertaking to perform; it originates with the con;
.(ract Itself, and operates anterior to the time of
.performance. The remedy acts upon a broken
contract, and enforces a pre-existing obligation.”
‘-‘But although the identity of obligation : and
remedy be disproved, it may be and has been
1, that they are precisely commensurate with
other, ana arc such sympathise essences, if
xpresslon mAy bo allowed, that tho action
urged,that
each other,
the expromloA nuty
of-law upon foe remedy is immediately felt by
r
construction which maintains the inviolability ot
obligation, white it leaves the remedy to the State
gotemments. Wo do not perceive this absurdity,
or self-contradiction. Our country exhibits the
extraordinary spectacle of distinct, and in many
respects, independent governments, over the samo
territory, and the same people. The local gov
ernments ore restrained from impairing the obli
gation of contracts,; but they furnish the remedy
to euforce them, and administer foe remedy in
tribunals constituted by themselves. It has been
shown that tha obligation i* distinct from the
remedy, and it would seem to follow that the law
might act oo the remedy without acting on the
obugationJ'\
"To afford a remedy is certainly a high duty of
those who govern-to those who are governed.—
A failure in the " .... . . .. .
tho
But
force its pcrforumuco. * * * Its lan
guage is the language of restraint, not of coer
cion. It prohibits tho States from passing any
law impairing the obligation of contraets; it does
not enjoin litem to enforce contracts. Should n
State ho sufildcntly insane to shut up or abolish
its courta, nnd thereby withhold nil remedjjwould
this annihilation of remedy, annihilate the obli
gation also of contracts? Wu know it would
not. ****** *
Tito Constitution contemplates restraint ns to
tile obligation ot contracts, not ns to the applica
tion of remedy. * * * So If n State
shall not merely modify, or withhold a particular
remedy, hut shall apply it in such a manner as
to eriinguiih tint obligation without performance,
it would lio tut nbtisu of power which could
scureely he misunderstood, hut which would not
prove that remedy; could not bo regulated with
out regulating obligation." Ami on page 858,
tlie Cliiot Justice adds: “Wc perceive then no
reason for the opinion that thu prohibition 'to
pass any law impairing tho obligation of con
tracts,’ is incompatible with the fair exercise of
that discretion which tho Statu Legislatures poe
tess, in common with nil governments, to regu-
bUe tho remedies afforded by their own courtA"
In Sturges nr. Crownshields, 4 Wheaton 200,
201. Chief Justice Marshall says:
Tho difltinclion between the obligation of a
contract and tho remedy given by tho legisla
ture tocnfbrco Hint ohllgntlon, litis been taken at
bar, and exists In tho nature of tilings. Without
impairing tho obligation of tho contract, the rem
edy may certainly be modified as tho wisdom of
the nation shall direct.
I next invite your attention to tho
Chief Justice Taney, delivering tho .
the Supreme Court of tho United States, In tho
etiso of Bronson m. Kinzco et ol—l Howard'*
M 115,-10. Iu lids case the Supreme Court
o a certain statute ot Illinois as unconsti
tutional, because it Impaired the obligation of
contracts. The statute declared that thu equita
ble estate of tho mortgagor should not bo ex
tinguished for twelvo months after a sale
under a decree in elrancery, aud that Judg
ment creditors might redeem in fifteen months;
and ft prevented any sale ever being made
until two-thirds of the amount at which the
cordingfo its own
ity. * * * And, although a nets remedy
tie deemed less convenient than the old one,
may, In some degree, render the recovery
debts more lardy and diJficuU, yet it will n ' "
low that the law is unconstitutional.
Mr. Justice McLean delivered aa able dl
ing opinion, in which he sustains the I
statute. I quote from him Ute following:
ery contract is entered into with a supposed
knowledge, by foe parties, that the law-making
power may modify the remedy. And this ft may
do, at its discretion, so for as it acta only on the
remedy. It may regulate the mode In which
prociMsshall be issued and served, how the plead
ing* shall be filed, and at wbat time Judgments
shall or may be entered. And It may also regu
late final process. It may require that the per
sonal property of . foe defendant shall be levied
on ana sold, before land ^Ijall be taken in execu
tion. It may say what notice shall be given on
the sale of real estate on execution, and also re
quire that it shall sell for one-half or two-third*
of its value. A valuation law, in those State*
where It has been adopted, has been found salu-
tary in guarding the'rights of debtor and credi-
I next invito the attention of the court to.the
language of Mr. Justice Story, in his commenta
ries on the Constitution, section 1885. which 1*
as follows: " Although there is a distinction be
tween the obligation of a coutract and tire rem
edy upon it. yet, ii there are certain remedies
existing at the time when it is made, all of which
are afterwards tchatty extinguished by new laws,
so that there remain no means ot enforcing foe
obligation, such nn abolition of all remedies ope
rating in presenti is alJo an impairing of foe ob
ligation of such Contract. But every change and
modification, of the remedy does not involve such
a consequence. No one will doubt that the leg-
lature may prescribe foe times and modest a winch
reificdles Way Jbfi pursued, and bar suits not
brought within stick jXriode, and not pursued in
Mr. Justice Johnson, in the case already cited,
in 12 Wheaton, on page 285, remarks: “ The
law of the contract remains the same everywhere,
and it will Ire thu same it) every tribunal; but
the remedy necessarily varies, and with it the
effect of the Constitutional pledge, which can
only have relation to the laws of distributive
justicej known to the policy of each State sever
ally." And on page 280: “ But to assign to
contacts universally n literal purport, and to ex
act for them a rigid literal fulfillment, could not
have been the Intent of the Constitution. . It is
tepefied by art hundred examples.' Societies ex
ercise a positive control, us well over the incep
tion, construction and folfififoeni of contracts,
as over the form and measyre of the remedy to
enforce them. As Instances of the first, take the
contract iiripnted.to the drawer qf n bifl, or en
dorser of a note, With its modifications; the de
viation of foe law from the literal contract of
foe parties to a penal bond, a mortgage, policy
of insurance, bottomry bond, and various others
that might he enumerated. And for instances of
discretion exercised in applying the remedy, take
the term for which executors arc exempt from
suit, the exemption of members oi tlie legisla
ture, of judges, ot persons attending courts, or
going to elections, the preference given in Ute
marshaling of assets, sales on credittor a present
debt, shutting of courts altogether against gaming
debts or Usurious contracts, and above all, ads of
limitation. * .* The right, then, of creditors
to foe aid of the public arm, lor the recovery of
contracts, Is hot absolute and unlimited, bat
may be modified by foe necessities or policy
of societies.” And on page 291: “ There
is a very Striking illustration of this princi-
pie (that'parties are hot held to literal per
formance) to be found in many instances in the
language of
opinion of
puts the decision on tho express ground that
theso statute's did not act merely on foe remedy,
but directly upon the contract Itself; that thoy
engrafted ness conditions upon ft; foal tboy gave
n nets estate, which did not before exist, to tho
an equitable estate, to which neither would have
been entitled under the original contract; that
they deprived the party of foe right to foreclose
tils mortgage, and imjtosed upon him conditions
which would frequently render any sale alt,aether
impossible. And here, os well as In the creation
of a new estate, was a strong judm in the case,
that the act ndjriit destroy Hie right by an indefi
nite postponement of tho remedy, !IS tlie pro
perty might nertr bring two-thirds of iu appraised
value. Upon tho subject or statute* operating
on tho remedy, thoClilerJusUcoiay*: If tlte laws
of tho Stato. passed afterwards, had done mulling
more than ,1.n-.ge the remtly njxm com wets ofl Iti <
description, they would be llablo to no conslHn-
found objection; for, undoubtedly, a Slam may
regulate, at jtleasure, tho modes of proceeding In
lit courts. In relnilmi to past contracts ns well at
future'. It may, for example, shorten tho /nrfod
of time within which claims shall ho barred by
lire statute of limitations. It may, if it thinks
proper, direct, font tire necessary liiipU'iiicuU of
lire agricultitri-i, or lire tool* of lire mechanic, or
itrlleli'4 of net ) ssity In household litruiiur* sludl,
like wearing apparel, tret Ire liable to executing
ou Judgments. llogUtallOM of lltU description
have always been considered, lu every clvilued
community, as properly belonging to the remedy.
books. I mean those cases in'which partiesKre
released from their contracts by a declaration of
tear; or when laws are passed rendering that
unlawfhl even Incidentally, which was lawful at
the time of the contract. It is therefore far from
being true us a general proposition that a gov
ernment necessarily violates the obligation of a
contract which It puts an end to, without per-
formnuce.” This learned and able Judge, on
page 288, uses the following wise nnd judicious
remarks, which could not have been more appli
cable to the present state of things had thev
been intended tor this very case: “For it is
among the duties of society to enforce tire rights
ot humanity, and both the debtor and the society
have thdr interest in tho administration of jus
tice, and in the general good—interests wliich
must not be swallowed np and lost sight of,
while yielding attention to the claim of the credi
tor. • Tho debtor plead the visitations of
Providence, and tha society has an interest in
prtsaerving every member ot the community from
despondency; in relieving him from a hopeless
state of prostration in which he would be use
less to himself, his family and foe community.
Whin that state of things has arrived in which
tho community lias lately and fnllv discharged
its duties to too creditor, and in whSoh pursuing
tho debtor any longer would destroy the one,
without benefiting the other, must alwnvs ben
question to be determined by tho common guar
dian of the rights of both.”
Take anotbor instance of the power ol tlie
Legialature over the remedy, which Is found iu
our recording laws. In Jackson vs. Larapldre,
8 Peters 280, foe Supreme Court held that “too
Legislature may pass & recording act by which
an elder grantee may be postponed to a younger,
if tho prior deed is not recorded within the lim
ited time, whether the deed is dated before or
alter tho passago of foe act, thus rendering the
prior deed fraudulent and void as andnat u sub
sequent purchaser.” This presents foe power of
foe Legislature over tho remedy in a very strong
light. A purchases a lot of land from B, pays
for it, and takes a deed. Hero is a legal and
valid contract, and the rights ot A havo vested,
and the land is his both in law and equity. That
the deed ia to be recorded is no port of the con
tract, and A does not record it, nor is there any
act of the Legislature making It void it it is not
recorded. Afterwards, foe Legislature passes a
law that a younger deed shall take precedence
of the older one If recorded first, and that tho
older one shall be considered fraudulent as
against tho younger oneon record, B then sells
the land to C and makes him a deed which is re
corded before A’a deed, and O sues A and toms
him oat ot possession. Here the whole matter
of foo right is changed by tho legislation passed
after foe contract is made, which was perfectly
legal and valid when made. The effect of foo
legislation is to take from A the land he had le-
gully purchased and paid for, and give ft to O
because A did not do an act not required by law
when he mode his contract
The doclrina laid down by these eminent
Judges oi the Supremo Court, than whom none
greater have sat upon that bench, and the deci
sions of that court to which I have referred, are
sustained by numerous decisions of foe State
courts.
By an act of the Legislature of Maine, the
right was reserved to repeal a bank charter on
foo failure of foe bank to comply with foe pro
visions of foe charter. The Legislature passed
an act repealing the charter ot foo Frankfort
bonkf pending certain actions against the bank.
The effect of the repeal was a dissolution of tho
corporation, which caused foe actions brought
by foe creditors against the bank to abate, and, aa
the court admitted, defeated thdr right to re
cover, uuless focy might possibly have relief in
equity. Johnson, one of the plaintiffs, contend
ed that this repealing act, which destroyed hk
remedy against foo hank, impaired foe obliga
tion of the contract, and was therefore unconsti
tutional and void. The court held Ute net con
stitutional. It says"A remedy lor it party may
ho changed, or tekolly taken ateuy by tho "Legis
lature without contravening foe Constiiutiou of
the United States; and sucbachango may con
stitutionally affect suit* pending at the time when
made." 23 Maine ttep#., 818,8*2.
In 18 Maino Rep*., 113, the court says: The
Legislature must necessarily pos.-ess the power
to determine by law In what manner tho poison
orprojierty of foo dcbtorsliall bo (objected to tho
demands of the creditor, nnd ot making altera-
two* in sock laws as a Mom* of eireumda
or the pubtie mod may require. And in Mai
thls,‘ono may be deprived of a right which lie
lias by existing laws to arrest tho body, or attach
or scire a certain description of property,without
infringing tho con-.ttiulion.il puni-ioii." When a
person, by foo existing laws, becomes entitled to
recorer a judgment, or to havo certain real or
pcnonal estate applied to nay ills debt, he it apt
to regard foe privilege which tho law affords him
ns a vested right, not considering that it lias its
foundation only in tho remedy, which may bo
changed and tho privilege thereby destroyed.
The aeljaastod by tho Legislature of Alabama
In 1043,.Kn'vrm the sacrifice of real estate,
redemption of the debtor’s In-
itlale told, bv tin- rv-pavment
<;!' tho uSMW? w ith leu Jier cent, interest, in lkn y
time wiuttn two years, and allowed another
creditor the same right of redemption; ir» in ad
dition to foo repayment ot the hid, with ton per
cent, interest, ho would give the debtor a credit
of ten per cent. Tho Supremo Court of that
State held tills act to he coutiilutlonnL The v
stw:
Wc are unable to see how thia act U viola-
tire of llto Constitution, at least to (hr as It gov
erns talc* under execution. Conceding that a
Judgment creditor al the time of this euaeuaent,
Imd by hi* active dilligenoo acquired a iicn on
tho real estate ot Ids detxor, this may bo said to
bo entirely without his coutract, and 1* ia no
manner affected by it. The LegWature a* ft
sc«m» to us may modify or abolish all each law*,