Newspaper Page Text
From the Columbus Enquirer.
The Author of the. Phrase—“First in
War, b 1 trst m Peace, and Past m the
Hearts of his Countrymen.”
Editor Enquirer: In an article in one
of your recent issues I observed a state
ment, taken. I believe, from the Nntional
Intel! igcnier, ascribing to Gen. Henry Lee,
father of Gen. Robert E. Lee, the author
ship of the words—deathless as the fame of
the man to whom they relate—“First in
War, First in Peace, and First in the
Hearts of his Countrymen.” It was not
General Lee, but John Marshall, who was
the author of the immortal phrase. The
circumstances aro tbeso :
Congress was is session at Philadelphia
at the time of Washington’s death, and
immediately on the receipt of the intelli
gence both Homes adjonrued. The next
morning, December 19th, 1799, on the
meeting of the House of Representatives,
Gen. John Marshall, theu a member of that
body—afterwards so illustrious as the Chief
Justice of the United States—addressed
the House in a short speech, which must
ever rank as gem of obituary eloquence,
and closed by offering to the House these
resolutions
“Resolved, That this House will wait
on the President in condolence of this
mournful event.
“Resolved, That the Speaker’s chair
be shrouded with black, and that the mem
bers of the. House were black during the
sessiou.
“Resolved, That a committee, in con«
junction with one from the Senate.be ap-
ponted to consider on the most suitable
manner of paying honor to the man—
first in war, first in peace, and first in the
hearts of his fellow citizens.”
The joint committee appointed under this
resolution, among other honors, directed
that a funeral oration should be delivered
by one of the members of Congress before
the two Houses, Gen. Henry Lee, then a
Representative from Virginia, was selected
lor the purpose; and did accordingly,
on Thursday the 26th day of December,
delivered a funeral oration worthy of the
great and mournful occasion, and which
through all time, will present General Lee
to the admiring gaze of his countrymen
with the civic wreath entwined around his
brow along witb.^a^bright laurel ebaplet
which he had won as a warior of the Rev*
olution. In that speech General Lee reit
crates, with the accidental change of a
single word, the renowned phrase which a
few days before had fallen fresh coined
from the lips and pen of Mr. Marshall. In
liis speech Gen. Lee says of Washington :
“First in war, first in peace, and first in
the hearts of his countrymen, lie was sec
ond to Done in tlm humble and endearing
scenes of private life.”
It is not surprising that the error should
have occurred, of ascribing the authorship
of this glorious phrase to General Lee—for
doubtless many have read his speech who
have never seen, or have forgotten, Mar
shall’s resolutions. But it is a precious pearl
in the literature and patriotism of t he coun*-
try, and therefore it is the more fit that it
should be credited, in an especial manner,
to its real author—although it bad no
sooner found utterance from his lips than
it acquired a settling in the hearts of his
fellow-citizens, which has made it a cher
ished common property of them all, forev
er.
Gon. Marshall’s speech and resolutions
are to he found in the Appendix of the 1st
volume of Sparks’ “Life of Washington.”
page 563. General Lee’s speech in the
5th volume of Wiiliston’s “Eloquence of
the United States,” page 129.
Whilst I am rectifying matters of history
interesting to the national heart, permit
me, Mr. Editor, to call your attention to an
eiror in vour paper of yesterday, in rela
tion to the age of General Scott—an error
iuto which the National Intelligencer has
also fallen, and it may possibly be copied
into many other papers. General Scott
died not iu his eightieth, hut in his eighty-
jirst 3’ear. He was boru on the 13th of
June, 1785, iu Dinwiddio county, Virgin*
ia, near Petersburg. So we are told in the
biographical sketch of him in the 4th vol
ume of Longacre’s “American Portrait
Gallery,” and I know of no book of high
er authority on such subjects. Tacitus.
“How do like that, Mr. President ? in- !
qnired Campbell.
The President laughed, looked bis j
Ohio friend in the eye, and said : “Well,
now, I don’t mind the other things, bur.
doesn’t it 6trike you that tlieHuwaid part
is a little too steep ?”
Campbell said it really did occur to him
in that light. The President finally took
the [taper and made some notes on the
margin of the order of General Howard—
since which time it is supposed the Freed-
meu’s Bureau hasn’t been instrumental in
circulating the “Right Way” to a very
great extent.
The Practical
Austria ami
Issue between
Prussia.
Commercial considerations have doubt
less exerted the chief influence over Prus
sia and Austria in driving them to their
present attitudes,
Prussia has for many years yearned for
sea ports on the Baltic and North Sea. It
is this ambition or avarice of hers, which
has produced fchat chronic trouble of the
Schleswig-Holstein imbroglio, which for
the last half century never fails to all
Germany into a turmoil, and the rest of
the World iuto a dense fog, whenever these
States have no^other more serious business
on hand. Prussia’s desire to secure access
to, and ports on the German Ocean and the
Baltic has been the principal motive, iu all
these disturbances. But, as her interfer
ence in the difficulty' between the Schles
wig Holsteiners and Denmark could not
be made without the sanction of the Ger
man Confederation, and in their name,
Austria, with her profound diplomacy, al
ways insisted upon co operating with Prus
sia in all her movements and interferences
in the Provinces. Accordingly, when last
year the Confederation insisted upon their
right to protect the revolting Duchies Aus>
tria sent as largo a force as Prussia ; and
when the result was the detaching of the
Duchies from Denmark, Austria stepped
in to prevent Prussia from absorbing the
Prospeel in the South West.
We clip the following extract from a
long letter in the Memphis Bullletin, from
a special correspondent of that paper, who
has been oq * long* by tour in the States of
Mississippi, Louisiana, Arkansas and Tex
as :—C'd. Sun.
There are some four hundred and fifty
old empire farms on tins river between
Memphis and Vicksburg, oue third of
which, including two or three hundred
thousand acres of rich soil, ia cultivation
before the war, is now covered with cotton
wood growth near thirty feat high. The
remaining two-thirds is probably a little
over one third reclaimed, and iu cultiva
tion, with a drawback of all the disadvan
tages of a had stand from old cotton seed,
cold, changing temperature, cotton lice,
cold winds, rains ami hail, together with
an extremely fluctuating and unreliable la
bor basis.
There is not more than one third ot the
original negro labor in active service, and
not more of an accession to the white labor
force than would make up our amount lost
by the war. It is sai l that.while the ne
gro is something better suited to Southern
labor that neither they nor the whites are
so industrious or reliable as before the war.
The uegroes seem migratory and unset
tled, and will not for any reasonable con
sideration go out of convenient reach of
large cities, rivers,towns, villages, landings
and farms.
The Arkansas and White river farms
though smaller, are more numerous and
a little better reclaimed and cultivated
thau a majority of those on the Mississippi
between Memphis aud Vicksburg.
Nearly all that rich and productive por
tion to Louisiana, stretching along the
Bayou ,Mason, Tensas and Bartholomew
country, down to Red River, will yield,
since the war, thirty foot crop of swamp
willow and cotton wood growth. Though
some few farms-along'this region are par
tially reclaimed, it will not produce one-
fourth of a crop and such, as far as I am ad
Slates and securing her much ami long j vised,may be said in ac average sense,of the
desired ports on the Baltic and North Sea. | whole State of Louisiana. Texas, over
So Prussia got nothing by her motion, and
has ever since been iu a very bad humor,
and her hold and ambitious Chief Minister
(Bismarck) has labored and intrigued to
get Austria into such a strait as would af
ford Prussia an oppoituriity of pouncing
upon her coveted prey on the Baltic. Iu
fulfillment of this purpose, it has not been
difficult to arouse the Italian people and
Government into one of their periodical
excitements for Italian nationality, which
at present and in all time will never be
regarded as realized so long as ^Austrian
colors wave from the turrets of St. Marks.
Venice must be redeemed from Austrian
rule, is the cry which in every part of Italy
will rally thousands of vomuteers and pro
duce the most profound and violent emo
tions and warlike tendencies. The King
of Italy, who is a sort of popular monarch,
responds very promptly to 11*c popular de
mand and feeling, and is no doubt eager to
which time-serving ami policy-serving
correspondents, have indulged such a hope
ful flourish of trumpets, though in a much
better state of cultivation is suffering as
much if not more, from the effects of old
seed, cold changing season, wind, rain,
hail, and cotton lice, than almost any of,
her neighbors ; and though hei labor re*
■sources are perhaps something better, even
it seem? highly unsettled, insomuch that
all her citizens with whom I have recent
ly met, reduce the estimate of her incom
ing crop to at least one-third of the aver-
amount heretofore. .The stock prospects
of Texas, however, aro said to be very
The river farms in Mississippi, as far as
I can learn, are better reclaimed and culti
vated than those of Louisiana. The inte
rior, however, will probably average about
the same. The white labor in the interi
or highland counties, though small and
What Do They Wish ?
The country is ringing with the disputes of pol
iticians iu Washington. What do they wish?
Taking Mr. Stevens, of Pennsylvania, as the ex
ponent of the party he leads, what is that be wish
es? The Union ? Not at all. He can have that
any day. It is only to say the word and the last
memory of the war will vanish in the atmosphere
of peace and perfect union. What then / Power !
• Nettling else. The simple solution ol aihthe anx
ious caucusing of the radical pariy is found in
their desire to preserve power iu their own hands.
The evidence is in their own acts. "What is their
present emotion ? Wlmt the present subject of
their most earnest deliberations ? How to prevent
the President from making appointments to office
of men not belonging to the radical party. That
subject occupies nine-tenths of the time of the ma
jority in Congress. What is the burden of the
amendments to the Constitution which tuey pro
pose ? Nothing but the preservation of power in
their own hands, aud the prevention of opposition
votes, either now or in the next Presidential elec
tion. What a blessed calm the people would have
if these factiouists were only removed from pow
er ! How prosperous'y and gloriously would all
things go forward !
There is a singular blindness, on the part of
men of property, to the future of the country if
radical management shall coutinue. lias any one
who holds a United States bond any confidence in
the wisdom of .the men who are dragging ns into
every sort of radicalism ? If so the eontideuce is
sadly misplaced. There is a more immediate con
nection between the coining elections of members
of Congress and the fortunes of individuals than
has yet seemed to be appreciated by any one.—
There is no oue who proposes repudiation. When
the cry is heard that one or another party” propos
es to repudiate the uaiional debt, it may be disre
garded at once as a mere political cheat. The
plain question for every man is, whether the dcbl
is safer under conservative or radical management.
What would the bonds of the United States be
worth if Mr. Thaddeus Stevens were Secretary of
the Treasury, with the powers now possessed by
that officer ? What is likely to be the future finan
cial history of the country under radical legisla
tion,judging from the past? What is the debt
worth if the Constitution is to be amended, and
amended whenever it suits the ruling faction ?—
These are nr. idle questions. They tire no party
questions. Those merchants and bankers of New
York who have always called themselves members
of the Redublican party, know very welj that it is
no question between Democrats and Republicans,
but it is a question between themselves and the
radical inen who are leading them on to ruin.
If the Congressional elections this fall, tail to
give the President a substantial support; if the
radical wing of the Republican party succeeds in
whipping the conservative wing into the support
of radical candidates, as iu the Connecticut Leg
islature last week, the future of our national finan
ces, of our very existence as a people, becomes
more dark than ever, nor can any one point to the
period when it will be any lighter. Two years
more of such a Congress as this would ruin the
nation, past almost all hope of redemption.
I Journal vf Commerce.
reucw tile controvesy with bis old too, un- ! - are saici to be better than those
•ter such favorable auspices. So it is a | of other neighboring States.
The President’s Equanimity Tested.
They tell a story about the President
and a severe test upon bis good hntn6r,
which will do to relate. The “Right
Waif' is a small seveu by-nine sheet,
sadly misnamed, and devoted primarily to
the abuse of Andrew Johnson, aud secou
darily to the advocacy of the Sumnerian
mode of reconstruction. Lew. Campbell
happened to pick up a copy of it a few
months ago, which was pecuiiarily “rich”
in vituperation and scandal. He took it
to the White House, and, in the course of
an interview with hi? Excellency, drew it
from his pocket, with the remark. “Now,
Mr. President, I am going to test your dif
ferent mental and moral qualities. Let
me see how you are as to philosophy.”
“Campell then read an article entitled
“Andrew Johnson and Thomas Paine,”
written after the manner of Pultarch’s
Comparison,” and designed to show that
Paine was a very-estimable man compar
ed with Johnson. The President listened
to it attentively.
“How do you like that?” said Camp
bell. r
“Well, it’s not bad,” said Andrew, good
humoredly.
“Now,” said Campbell, “I want to test
your patriotism.” Aod lie read an article
showing that as between Audrevy Johnson
and Benedict Arnold there was a large
balance in favor of the latter iu the matter
or love lor the country.
“How do you like that ?” said Camp-
hell. *
“Oh, it will do. J Ills is a free country,
you know,” smilingly replied the Presi
dent.
“Well, now prepare for a test of your fi
delity,” said Campbell, and proceeded to
read an article entitled, “Judas Iscariot
aud Andrew Johnson,” to the effect that
the betrayal of bis master by the former
was as nothing compared with the betray
al of bis party by tho latter.
“W hat do you think of that, Mr. Presi
dent?”
“Well, I guess my shoulders are broad
enough to stand it,” replied bis Excellen
cy, not at all moved to displeasure.
“Now here comes the climax,” said
Campbell, and began to read a double-
eaded editorial to the effect that the
night Way” would be circulated through
the agency of the Freedmen’s Bureau, Ua -
uer au order from General Howard,
very sensible and practicable arrangement
between Bismarck and Victor Emanuel,
that the latter should drive Austria from
Iter principle port on the Adriatic,, whilst
Prussia arrays a powerful army on ihe
northern line of Austria, in order that she
may induce or coerce Austria into a con-
cession of her right to absorb the Duchies.
And this is really the jnwctical issue in all
these formidable preparations, and it is
oue which we fear can only be solved by
one. of two great arbiters—Louis Napoleon
or War. The most recent utterance of
the former great power betrays an interest
in the controversy which ought to silence
the disputes and pacify the dispositions of
the German people. The significant allu
sion to the treaty of 1S15 sounds very
much like the trumpet calj to the invinci
ble French army, “Forward to the Rhine.”
Picayune.
A Boy Struck Blind for Blasphemy.—
The vengeance of the Almighty was vis
ited on Suuday week, in the most awful
aud sudden manner. It appears that the
lad, who is thirteen years of age, and the
son of parents in very humble circumstan
ces, was playing in the street with four or
five other lads of about bis own age at “cat
and dog.” Ivichard§ and bis companions
had been playing for some time when a
dispute arose between them as to the
“notches” (or jumps) Richards had Scored.
He declared that he had made more than
twenty, aud his opponents protested that
he had not scored so many. High words
and bad language were freely used on both
sides. Each boy Reused the other of
falsehood, and at length Richards failing
to convince his companions of the truthful
ness of his statement, flew into a violent
rage and emphatically shouted, “May God
strike me blind if 1 haven’t made more
than twenty.” He had scaicely uttered the
adjuration before he let the “dog” fall out
of his hands and t throwing up his arms,
exclaimed, “Oh ! dear, 1 cannot see.”—
His companions ran to him, aud finding
what he said was true, at his request leu
him home, where on examination, it was
found that a thick film had overspread each
of his eyes. Iu this miserable condition
the unhappy youth has remained ever
since, aud we are informed that there is lit
tle or no prospect of bis eight beiug restor
ed.—Bringtoa ( Eng ) Observer.
The Arabian Horse.—A Paris letter
writer says:
“Prince Halim, of Egypt, recently bei
85.000 with Mr. Ross, an English banker,
at Alexandria, who staked $500, that in a
gazelle bunt with greyhounds and falcons
and which would last several days, an Ara
bian horse would prove to possess more
bottom than a tborough-bted horse. The
wager has been settled. The English
mare fell and foundered the second day
out and died on the spot. The Arabian
continued the chase for three days longer
without giving any signs of distress. A
second bet of $5,000 to $5(.0 w .s made
that an Arabian horse could run the nine
ty miles of desert between Cairo aud Su
ez, without stopping to rest, which no En
glish thoroughbred could * accomplish.
The horses started at 11:30 A. M. T
Arabian reached the destination at 3:S P
M. The English horse fell, foundered
and died ou tiie spot, at a mile and
three quarters from the destination. It. it-
probable the Aarabiao had been training
for a long period of time, and tho English
horse was uot sufficiently trained ; never
theless these events show the extraordina
ry bottom of the Arabian breed, too much
neglected at present by our horse breed-
era.”
lie
Estimated Cotton Crop.
In reply to letters of inquiry from the
Rothschilds and other capitalists of Eu
rope, the farmers, merchants and bankers
of Vicksburg reply, that they believe, from
all that cau be learned at present, our
piesent incoming crop will not reach over
850,000 bales which is considerably below
one fourth the average crop.
A Pregnant Inquiry.—Mr. Ross,
member of Congress from Pennsylvania, iu
a late speech in the House of Representa
tives. put tho following query to Thad.
Stevens & Co., who hold that the South
ern States are out of the Union iu conse
quence of the war. He said :
“If these eleven States are actually out
of the Union, why were some of their Rep
resentatives retained in Congress, without
objection after the passage of their ordi
nances of secession and dining the prose
cution of the ear? In August, 1861, Cou
gress imposed a direct tax on these eleven
States of between five and six million do!
la is. which recognized them as being .in
the Union. Iu March, 1862, in apportion
ing representation among the States, fif
ty-seven members were assigned to the
eleven States whose Representatives are
now excluded from this hall. Why appor
tion thorn Representatives iu Congress if
they were out of the Union.” .
Not one of the Radicals found it conven
ient to answer these interrogatories.
The Indian and Ihc Negro.
It is curious to observe with what apa
thy Mie gradual extinction of the Iudiun
aborigines of tljs continent is contempla
ted by our proTessioual philanthropists,
while the Negro is an object of such ab
sorbing interest. The Indian is in all the
qualities which constitute manhood great
ly the superior of the African. He can
not be reducedjto a servile condition. .But
he is essentially a barbarian, aud civilizas
tion destroys him. The negro is a sort of
parasite and clings to the civilized races,
and lias clung to them from the days of the
Pharaoh of Egypt downwards.
At sunset all Africa dauces, says an old
traveler. The good nature, and irrepressi
hie joyousuess of the negro are unequalled.
He is the child ol the tropics, utterly ties
titute of the cold, calculating selfishness,
energy and pride of the Anglo-Saxon.—
Those among us. who have won political
eminence aud fortune by a pretended sym
pathy for the negro really kuow little or
nothing about him and care less. Many a
uegio, who has come from the South to the
commonwealth to live, finds himself iu a
strange land, where he does not feel at all
at home.
Despite llie recent troubles Memphis
we do not believe in a war of races in this
country. The negro is pacific by nature
and will not of his own accord get up au
insurrection. It seems that the managers
of the Freedmen’s Bureau aro putting
money in tlnir purses by condemning the
freed men for the most frivolous offences to
labor on their plantations. The l6ve of
the negro has always found the Northern
er u far more exacting taskmaster than the
Southerner.— Boston Cornier,
Sawed Up.—A man in the far West once had a
saw-mill in a dense torost. On a dark, rainy day,
as he was driving his .saw, ho sat down at the ex
treme end of the log to cat his bread and cheese.
A huge bear, inclining to be very social trotted in,
to^k his seat also on the log, and began to partake
with him. The saw, coining on and ou, pres
ently gave him a severe rasping ! As is the na-
tn q >f the tear, he wheeled around, seized tho
saw in his arms, to crush it for its impuduce!—
Rake after rake, it cut its way through his breatj
t:id yet. so intent was lie upon revenge, that ho
held on till he was sawed iu pieces ! Radicals,
Letcare! Ye are sawnig off your ribs !—Citizen.
Tbc Danger of Ccnlr&lizatlou.
Tlie extent to which local self-government is
being undermined ought to excite alarm. The
Government at Washington has thrust its hand in
to every tiling. The States are losing their inde
pendence entirely. It is now proposed to entrust
to the Secretary of War absolute power over quar
antines within the States. The police power of a
State is to go for nothing. Centralization of pow
er is rapidly getting to be among us what it is iu bu
reaucratic France. Nothing is more baneful to man
hood aud personal freedom than the interference of
government with the legitimate rights of individ
uals. The extreme doctrine of State Rights held
by Souther States has caused our radicals to go to
the other extreme. By means of National Banks
and Federal Bureaus of all sorts and descriptions,
established in the various States, they would de
prive the people of all local self-control. So also
State governments are made to interfere with mu
nicipal and local rights. The constable, who has
always been a petty local officer, is now a State
official in this Commonwealth. It is interference
from above downwards in all directions. The
radicals believe in meddlesome, sumptuary legis
lation. They have no confidence in the ability of
people to take care of themselves. They would
have the Federal Government build railroads, sup
port aud educate paupers, interfere with the suf
frage ia the States, enfranchise negroes and dis
franchise whites aud maintain hosts of lazy, dom
ineering dependents in every corner of the country.
We are gradually fallingunder a despotism of poli
ticians conceited ideologists and small parsons, more
grievous to be borne than any on record.
. [ Boston Courier.
The President Eight Years Ago.
Andrew Johnson was (says the St. Louis Re
publican.) a. member of the United States Senate
iu 1«58, when the territory of Minnesota-made an
application for admission into the Union as a State.
Objections were made hy some against her consti
tution, because it conferred the right of suffrage
ou unnaturalized aliens; but Senator Johnson
contended as he does now, that suffrage teas the
constitutional prerogative vf the Slates alone, with
tohich Congress had no right to meddle. The fol
lowing extract from his speech will show that he is
only consistently acting upon the convictions an
nounced eight years ago, and we commend 1t to
the careful reading of his radical opponents :
"1 desire to enter my protest against a doctrine
which may be supposed to be advanced here iu
reference to the qualitications of the voters of a
State. Tho Government has no power under the
Constitution of the United States to fix the qualifi
cation of voters in any sovereign State of the Con
federacy. I want to enter my protest against the
doctrine being indulged in or cultivated to any
.other extent, that this Government has power to go
inside a sovereign State and prescribe tho quali
fications of her voters at the ballot-box. It is for
the State and not for the Government to do that.—
If the doctrine be once conceded that the Federal
Government has the power to fix the qualifications
ot voters in a State, the idea of the State sover
eignty is utopian. There is no such thing as
State sovereignty if this Government fix the qual
ification of voters. There are simply two things to
be ascertained here : First, have we evidence that
a State has been formed ? Second, have we evi
dence that it is republican in form ? These two
things being ascertained, every thing else is for the
State that applies for admission.
Debris oe the War.—General Grant has or
dered the mustering out of six more colored regi
ments. But 17.000 of them will be retained in
the service. A number will he sent to the far
West.. Tiie whole number of negroes that were
in the Federal service during the war, is 186,017.
The highest number in service at one time is 123,-
136—more than one-hall of the highest number in
the Confederate service at any time.
The following table, showing what amounts the
people of The several Northern StatA paid for com
mutation during the war, is interesting:
Surlij for the Future.
There is a great deal of nousen.se uttered about
pledging the people of the South not to secede or
rebel in the fututt. as if any constitutional provis
ions or legal enactments could give this security.
Un the contrary extorting such pledges would be
more likely to create than prevent the evil. In
this matter we are falling into the same folly that
tire 5-outi: manifested iu talking about the right of
secession. Yli hen a people feel themselves op
pressed, revolution rides rough shod overall pledg
es, laws and Constitutions. It was ail very well
for the South to talk about the right ol secession,
amt to withdraw themselves froiu ail participation
in the generai government, but when their guns
fired upou Fort Sumter, the whole controversy
was changed in a moment, and became revolu
tion. If the South had been successful in the wa
ger of battle, dispersed our armies, and obtained
possession of tiie government, we should have
been called the rebels and traitors, who violated
the laws and attempted to destroy the government.
So will it ever be, there is a higher law than that
written on parchment, requisite for any people to
live peaceably and happily together.
\A e may impose written restrictions upon the
people of tho South, and they may accede to them,
but if acquiescence is extorted from them, they
will throw off these restrictions, ,eiiher peaceably
or forcibly, the moment they htvj?<£ strength ; and
generally a discontented people attempt this re
peatedly, without waiting for the necessary
strength. But the South will soon grow strong
enough to be able successfully to resist coercion —
Before the next Presidential election, they will be
stronger for revolutionary purposes than they ev
er were before. What folly then to talk about a
subjugated people, and imposing upou them the
rule of a conqueior.
Equally childish is the scheme of a constitution
al amendment in regard to the payment of the na
tional debt. As a leading'Republican Journal says,
“when it. becomes necessary for a nation to declare
its honest intentions in a constitutional amend
ment, its people may be said to be gettiug in a
fair way for repudiation. If the country is deter
mined to meet its obligations, as it certainly is, no
“amendment” on the subject required; if it ev
er determines to repudiate, no amendment will
prevent them from doing so.”
8o far as the rebel debt is concerned, there need
not be a great d.a! of uneasiness in loyal breasts
on the subject of its payment. The Southern peo
ple have not the means to pay it, and had they
the means, backed by the; disposition, a constitq-
tional amendment would not prevent them frorfi
paying it. They would find moans of evading
any provision of the kind were they really intent,
upon doing it. But they kuow very well that
their creditors took the chances of their success,
and agreed to wait till “six months after the rati
fication of a treaty peace between the United
States aud the Confederate States.”
[ Boston Courier.
sfrirotgcni iUcurttr.
M l E L E> D GEVIL
TUESDAY, JUSK 10, 1 8 66.
£&inntd of Points
Decided by the Supreme Court at Milledgeeille f
June Term, 1866—Continued.
Jackson. Adm’r. )
v s. > J
Johnson VVirz. )
Harris, J.
1. The decisions of the Courts of other Stat
are not binding here as authority. Tbev are ,,' ’
guides so far as their reasoning may be sati f''
tory. r * c '
2. An administrator appointed in Alabama *
siding there, solvent himself, and under bond «'r-
In Equity.—From Richmond.
The Central Railroad Through to iSaeoo.
The public wili be gratified to learn by the an
nouncement of President Wadley in another col
umn, that the work cf reconstruction of the track
of the Central Railroad through its entire length
is completed, aud that the passenger and freight
trains resume their regular daily trips between
this city and Macon to-day. The morning passen
ger trains leave Savannah at eight o'clock in the
morning, arriving in Macon at eight, and in Au
gusta at a quarter past six in the evening. The
down trains leave Macon at seven o’clock in the
morning arriving in Savannah at seven in the
evening. The night passenger train will leave
Savannah at seven in the evening, arriving at
Macon at seven in the morning. The down night
train will leave Macon at 5:40 in the evening, ar
riving iu Savannah at half past five in the morniug.
The up morning train and the down evening train
will connect with the Milliodgeville and. E&louton
branch. %
The energy with which the work of reconstruct
ing the track has been accomplished under many
embarrassments is highly creditable, both to the
Directors of the Company and its efficient con
tractors, and we feel that the public at large will
join with us in congratulating President Wadley
and his Board in the successful completion of the
Herculean work, and upon the resumption of that
career of public usefulness and corporate pros
perity which was interrupted by the late war, and
which promises to be even greater in the future
than in the past.—Neics Sc Herald, loth.
Cheering Signs.
The National Intelligencer says, “every day
brings us additional proofs'that the friends of the
President and his policy will stand shoulder to
shoulder in the fall elections. No matter what
party they have acted with heretofore, a common
enemy and a common cause will induce every
true patriot to make any sacrifice to lestore the
Union and save the country from anothe.r war.—
The iron heel of fanaticism in its mad career is
now attempting to crush ont State rights, and if
successful it will soon seek to extinguish State
lines. If there ever was a time that eternal vigi
lance was the price of liberty it is at the piesent
moment. We belive that the soldiers of the coun
try will rally against any attempt at centraliza
tion.”
The Truth Told by a Radical.—Rev. R. J.
Breckcnridge, of Kentuckey, says the Philadelphia
Age, distinguished dnring tho war as one of the
most active pulpit champions of the Federal cause,
aud temporary President of the Baltimore Con
vention which renomiuated Mr. Lincoln, has re
cently written a letteV concerning the future of
the blacks to the Northwestern Presbyterian, in
which we find this paragraph :
“The great danger of this people is, that they
will gradually waste away in the struggle they
have now to make ia competition with tiie strong
er race for the means of existence—a danger in
the face of which exorbitant and unprecedented
claims on their behalf are as melancholy as they
are preposterous.”
hero, for waste or maladministration.—Juj„
Reversed.
Dougherty for Plaintiff in Error.
Bigliuni for Defendants.
A member of Judge Lumpkin’s family beinc
related by marriage to one of the parties, he toi
no part iu deciding this case.
Abbott 1
vs. In Equity—from Fulton.
Dermot. )
Lumpkin, C. J.
1. Ignorance of fact is no cause for rescidimr»
contract. **
2. Un the first of May, 1865, after Gon. Johnson
had surrendered the forces and territory umkr
his command, aud before that, event became know „
in Atlanta, Dermot sold and conveyed to Abbott
certain real estate in that city, receiving from iiim
the agreed price in Treasury notes of ihe Coined-
erate States, both parties being alike ignorant of
the surrender. The currency became valuers
very soon after news of the surrender was receiv
ed : Held—That a Court of Equity will not remind
the contract and cancel the deed at the instance i
Dermot, the* vendor. Judgment reversed.
Hammond, Burnett Bleckley for Plaintiff in
error.
Brown &. Pope for Defendant."
McLaughlin & Co. )
vs. . > Assumpsit—from Richnmi.
O’Dowd. )
Lumpkin, J.
J. Under the Ordinances of the Convention, the
jury, in adjusting the equities of the parting, r rtre
not bound to reduce Confederate money to its spe
cie value. The Ordinance wisely gives the jury a
wide latitude.
2. The Court can discover no distinct b^al rea
son for setting aside the verdict in tlns°case -
Judgment affirmed.
Miller tor Plaintiff in Error.
Walton for Defendant.
Berry and others ^
’ cs - [Scire facias—From Gordon.
The State. '
Waj.kek, J.
A recognizance given by the master for the ap-
pearauce of h:s slave to answer a criminal charge,
is no ioiiger operative, since the abolition of slave
ry.—Judgment r eversed.
Aiken for Plaintiffs in Error.
Parrott, Sol. Gen’l, for defendant.
> Misdemeanor—From Whitfield.
Galt
TS.
The State. ^
Harris, J.
A druggist selling at his drag store whisky, ?e«
than a quart, on the statement of a physician that
it is wanted for medical purposes, is, if not li
censed as a retailer of spirituous liquors, subject to
indictment and conviction for retailing without a
license.—Judgment Afirmed.
Aik$n, for Plaintiff in error.
Parrott for defendant.
vs.
The Ga. R. R.
Maine, $ 610,200
N. Hampshire, 288,500
Vermont, 593,400
Massach’etts, 1,610,400
Rhode Island, 141,300
Connecticut, 457,200
New York, 5,485,799
Now Jersey 7 , 1,265,700
Pennsylvania, 8,634,300
Delaware, 416,100
Total
Maryland, $1,131,900
D. Columbia, 96,900
Kentucky,
Ohio,
Illinois,
Indiana,
Michigan,
Wisconsin,
Iowa,
Minnesota,
997,530
1,978,887
15,900
235,500
614,700
1,533,600
22,500
316,600
$26,366,316
Progress of the New Atlantic Tkleghaph
Cable.—Upwards of nine hundred miies of the
new Atlantic Telegraph cable Las been stowed cn
the Great Eastern. About sixty miles per day
were stowed away, the work proceeding day anti
night.
It is found that the Great Eastern will not be able
to take all the necessary cable, 2.700 miles, on
board. The serew steamer Medway, consequent
ly, has been chartered to take about 500 miles of
the old cable from the Great Eastern.
Another steamer, the Albany, is also engaged
to assist tin* enterprise, and the British Govern
ment h«s again granted the services of the war
steamer Terrible to accompany the expedition.—
Eacli of the three steamers is to bo furnished with
grappling apparatus, so that the old cable may
be grappled at points a mile apart, to break the
strain and give greater seenrity. The Great
Eastern will only partially 7 coal at Shcerness,
owing to her great draft of water. She is expect
ed to quit the harbor June 2*fh, and start a day or
two after for Beerhaven, Ireland, where she will
complete coaling aud proceed to lay the cable.
“And Jacob kissed Rachael aud lifted up his
voice and wept.” Why he wept no one kuows.—
Perhaps Rachael would not allow him the privi
lege of kissing her a second time, or perhaps as a
green young man he knew not how otherwise to
express his emotions.
European Polities.
It is fully confirmed that Austria, Prussia, Italy
and the German Diet will be represented in the
Conference by their Ministers. The time of thp
meeting is not yet fixed, but Olarendoi* Qorts-
clioff. Bisinark and Lamamora had officially an
nounced that they would shortly arrive at Paris.
It is stated that Napoleon will preside over the
Conference with Druyn de 1’Hnjs, as second Plen
ipotentiary.
There are rumors of an understanding if uot an
alliance between Austria and Russia to support
the Treaties of 1815. It is positively affirmed that
Austria declined to entertaiu a proposition for the
cession of Venetia, and lias made over Holstein to
the Germanic Confederation.
The London Times in View of tliia action by
Austria, regards peace as hopeless.
Indictment of members of the Legislature.
Trenton, N. J.. June 6.—The Grand Jury of
Mercer county, who have been investigating cor
ruptions used in passing bills through the Legisla
ture, presented indictments to-day against G. S.
Wagoner, of Passaic: C. M. Rue, of Hudson;
Barclay Haines, ot Burlington, and Daniel IIols-
man, of Bergen. The first two were members of
the House ; the. last two were what are known as
“lobby members.” The also made a general pre
sentment on the subject calling public attention to
this crime, aud also to the kindred crime ot using
money in elections. There has been considerable
excitement on the subject.
The Freedmen’s Bureau Superceded. In
Knoxville, Tennessee, a negro boy had been taken
from his grandmother by the agent of the Freed
men’s Bureau in that city, and bound over to his
uncle. The grandmother petitioned to the Dis
trict Court of the United .States to releas? the child
from tho restraint put upon it by the Frccdmen’s
Bureau, which was granted by Judge Quigg, upon
the ground that the functions of the Freedmen’s
Bureau had been entirely superceded by the Civil
Rights Bill. The Judge asserted that the Freed-
men’s Bureau is now deprived of all judicial pow
er, and that its province Hps only in issuing ra
tions to tiie freedmen and disposing of abandoned
lands.
The Test Oath at the South.—The Secreta
ry of the Treasury is now sending notices to the
officers in th^Hdltth who imve been nimble or un
willing to take the test oath, that they will be re
qnired immediately to vacate their several offices.
Mr. McCulloch has determined to enforce Ihe law
to the letter, and trust to the action of Congress
to remedy any evil that may result from the vaca
tion of important revenue offices.
Wright ^
> From Richmond.
B'k Co. 5
Harris, J.
No motion for a new trial having been made in
the Court below on the ground that the verdict
was contrary to evidance, «fcc„ the verdict wiii
not be disturbed in this Court.—Judgment Affirmed.
Pottle for Plaintiff in error.
Starnes for defendant.
Judge Lumpkin being a stockholder in the
Georgia Railroad, did not preside in this case.
Springer 1
vs. .■ Robbery—From Spaldin".
The State. )
Harris, J.
It while the trial is in progress, one of the Coun
sel engaged in the prosecution, entertain audpio-
tect lor a night, free of charge, the horses of some
of the jurors, a verdict of guiity afterwards ren
dered will be set aside and*new trial graimd.—
Judgment Reversed.
Peeples tor Plaintiff in error.
Hammond, Sol. Gen’l, for the State.
Holland }
TS.
The State.
Misdemeanor. From hi
urjray.
Walker, J.
Distilling whiskey irom the seed of millet or
sugar cane, was made penal by the Act of J-CJ,
under the terms “other grain.” A legislative cou-
struction of these words, to that effect, is Jeduei-
ble irom the Act of 1863.
Judgment Affirmed.
Dabney for Plaintiff in error.
Parrott, Soi. Geu. te*r the State.
Coulter i
> Complaint. From Floyd.
vs.
Wiley.
S
Intemperance and Epidemics.—In the year
1853. when the yellow fever visited New Orleans
a^ont 5 000 of the supporters of grog shops died
before the disease attacked a single temperate
man j and in the same year, ont of-900 who died
of the cholera, only three were teetotalers. In Al
bany, New, York, dnring that year, w 7 |^n the pes
tilence swept off one iu six of the entire popula
tion, only one in 2,500 of the strictly temperate
were seized,
Harris, J.
A was indebted to B by note, and was the bold
er of a note on C for nearly the same amount. He
stipulated with B for twelve months indulgence-
and turned over to himC’s note as collateral securi-
ty, taking B a receipt therefor, expressing that the
collateral note was to be delivered to A whenever
the principal note was paid. A few days before
the period ot indulgence had expired, B put both
notes in the hands of his attorney for suit, fbe
attorney sued on the principle note as oidereil.bu:
with the maker of the collateral note su# entered
into a contract to indulge him for twelve months
at the price ot forty dollars per month. Ou report
ing this arrangement to his client the latter disap
proved ol it. whereupon, the attorney advanced
to turn the whole amount due on the priucip*-'
note, less a collecting fee, and became, him*®'*’
the owner of the note. Afterwards, the client re-
tinmed to the attorney what he had advanced,
and took the note back. All this time the suit on
it was still pending: Held
1. That B the creditor, was bound to no dili
gence touching the collection of the collator**
note; aud was not even authorized to put the
same m suit.
2. That he was not precluded by the foregoing
facts Irom collecting the whole amount of the prin
cipal note in the pendiug action.
Judgment Affirmed.
Aiken tor Flaiutiff iu error.
Underwood for Defendant.
Stanton 1
ts. > Dcbl. From Neiclon
Burge. )
Lumpkw, c. J.
1- A pica of non est factum may bo filed
sworn to by an executor. And it may be done al
ter the appearance term—even ou the appeal
2. An affidavit to the truth ot a plea, purporting
to be sworn to in open Court, is good on demur
rer to the plea, though linattested by the Clerk or
any oue else.
3. A charge that it was inenmbent ou the plain -
tiff, after plea, of nov est factum , to introdove evi
dence raising a presumption of the genuineness ot
ihe note, in order to entitle him to go«to the i*‘ r . v ’
and when this was done, that it was still incum
bent on him to satisfy the jury to a reasonable ce f '
;ainty that the n ote wjis genuine, is not erroneous-
4. Tho verdict in this case, is sufficiently snp~
ported by the evidence.
Judgment Affirmetl.
Clark for plaintiff in error.
Floyd for dofeudaat.