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Soon resume bis walk in the Cpdti air ?—
The change of scene being a gieat delight,
and the exercise improviug his sleep.
Ho referred.to an account he had been
reading of an attack on a negro named
Davenport, in Connecticut*, for marrying
or living with a white woman. Also, to
the New York riots, in which mobs rose
suddenly upon the blacks hanging them to
lamp^posts and roasting them at slow fires.
The papers bore evidence, from all sec
tions, of increasing hostility between the
races, and this was but part of the penalty
the poor negro had to pay for freedom.—
The more political equality was given or
approached, the greater must become the
social antagonism of the races. In the
South, under slavery, there was no such
feeling, because there ‘could be no rivalry.
Children of the white master were often
suckled by negroes, and sported during
infancy with black playmates. Old enough
to engage in manlier exercise, it was un
der black huntsmen the young whites
took their first lessons iu the field-sports.
They fished, «hot. and bunted together,
eating the same bread, drinking from the
same cup, sleeping under the same tree
with their negro guide. Iu public conveys
auces there was no social exclusion of the
blacks, nor auy dislike engendered by com
petition between white and negro labor.—
In the bed-chamber of the planter’s
daughter, it was common for a negro to
sleep, as a half attendant, half companion ;
and while there might be, as in all coun
tries and amongst all races, individual in
stances of cruel treatment, he was well sat
isfied that between no master and labor
ing classes on earth bad so kindly and re
gardful a feeling subsisted. To suppose
otherwise required a violation of the known
laws of human nature. Darly associations
of service, affection and support were pows
erful. To these self-interest joined. The
horse we hire for a day may bo fed or not
fed, groomed or not groomed, when returned
to the livery stable. The horse owned by
us, and for which w*c have paid a thousand
or fifteen hundred dollars, is an object
both of pride aud solicitude. His groom
ing. stabling, are cared for. If sick he is
doctored, and cured if possible. Wlieuat
work, it is the owner’s interest that he
shall not be overtaxed.
That attainment of political'equality by
the negro will revolutionize all this. It
will be as if our horses were given the
right of intruding into our parlors; or
brought directly into competition with hu
man labor, no loger aiding it, but as rivals.
Put large gangs of white laborers, belong
ing to different nationalities, at work be
side each other, and feuds will probably
break out. Eudeavor to supplant a thou
sand Irishmen working on a levee or ca
nal by a thousand Germans ready to ac
cept lower W'ages, or vice versa^ and mili
tary power will be required to keep the
peace. Emancipation does this upon a
gigantic scale and in the most aggravated
form. It throws the whole black race into
direct aud aggressive competition with the
laboring lasses of the whites; and the ig
norance o1 the blacks, presuming on their
freedom, will embitter every difference.—
The difference of compensation prevails
everywhere through nature, aud the ne
groes will have to pay, in harsher social
restrictions and treatment, for the attempt
to invest them with political equality. To
endow* them with the ballot by Act of Con
gress was impossible, until the trunk of
the Constitution, already stripped of many
branches once full of shade aud pleasant
singing-birds, was torn- up by tlrt roots.
Eacli State had the privilege of deciding
the qualifications of its own citizens ; and
some of the States most clamorous foruni-
vsrsal negro suffrage in the South, where
such a measure would send unlettered
blacks to both Houses of Congress, and
pass the State Legislature and judiciary
altogether into their hands, themselves re
fused the ballot to the negro, though not
numerous enough in any district to decide
the majority of a pound-keeper.
Took issue with Mr. Davis on the labor
question. What necessity for competi
tion in a country so vast, and only partial
ly developed, as the South ? The relations
of the races would adjust themselves, un
der the laws of supply and demand, and
the whites still owned their old plantations
and other property, which was their capi
tal ; and to this the labor of the blacks
would have to bow'. White labor could
not long remain, nor to any great extent,
iu competition With black. It bad accu
mulative energies, guided by intelligence,
which must soon lift it into the employing
class ; while the blacks, if so incapable of
ol t ift as he seemed to think, must re
main hewers of wood and drawers of wmter
for ever. The antagonisms of so violent a
revolution in the labor-system of the South
were natural, but must'fade out. There
never had been any desire North to give the
negroes social equality ; but our pride, not
less than our sense of justice, demanded
that there should be no political bar to their
improving their own condition to equal that
o; the whites, if they possessed the capacity
for such elevation. As to the outrages up
on the blacks in New York, they were the
work of a few abandoned and maddened
wretches—meu certainly not representing
nor belonging to the party in control of our
national destinies- It was a riot to resist
the draft, and the inoffensive blacks be
came objects of vengeance, from the dem
ocratic cry that the war making the draft
necessary was a “war for the nigger.”—
The case in Connecticut was a protest in
violent and illegal form of certain turbu
lent whites agaiust the intermarrying of
the races. It was lawless, of course, and
one of the rioters had lost his life at the
hands of the black, who was held justifia
ble. Nevertheless, the sentiment that
prompted the attack—one of the opposition
to such deteriorating intermiuglements—
■was all but universal, and offered sufficient
guarantee that the domiuant race would
never suffer material injury to its blood or
character from the political equality of the
negroes.
Mr. Davis said no’arguinent could make
ns agree, for wo occupied different planes
of observation. There could be no prob
lem of tho negro at the North, for they
were too few to be of consequence ; and
each census showed their number dimin
ishiog. It was iu the Cotton States, where
they equalled, and in many dri$ricts large
ly outnumbered the whites, that the ad
justment of relationship would prove im
possible under such ideas as now threaten
d to prevail in the Federal Government.
for himself and his people, they were
ow only passengers in the ship of State-
no louger of the crew, nor with places on
the quarterdeck; and must take, he sup
posed, whatever decision of the questiou
the powers that had lifted themselves
above the Constitution might see fit to j^n-
pose.
TOOMBS, MEMMINGER, BRAGG, I’EM BERTON,
STEPHENS ANi* BROWN—WHAT MR. DAVIS
THINKS OF THEM.
He spoke of Mr. Toombs as a man of great
natural force and capacity, but a destroyer,
not a builder up; a man of restless nature,
a born Jacobiu, though with honest inten
tions. Pope Walker, a gentleman of ex
cellent intentions, but wholly without the
requisite experiences or capacities for so
vast a trust. Mr. Memminger he respec
ted, but the utter failure of Confederate
finances was the failure of the cause. Had
Mr. Memminger acted promptly on the
proposition of depositing cotton i:i Europe
and holdiug it there for two years as a
basis for their currency, their circulating
medium might have maintained itself at
par to the closing day ot the struggle ; and
that, in itself, would have insured victory.
Benjamin was the ablest and most faitblui
member of his advisory council : a man
who realized that industry is the mistress
of success, and who had no personal aspira
tions, no wishes that were not subordinate
to the prosperity of the cause. In the ear
ly part of the war Benjamin furnished a
parallel to Mr. Seward, both believing
and avowing that the impending crisis
would not last louger than sixty or ninety
days, though Benjamin relaxed no labor
or preparation on that account.
1 asked how Air. Memminger had ob
tained prominence in so aristocratic a
State as South Carolina, the report being
that ho was a loundliug, born with little
claim to either wealth or name. Mr. Da
vis said he knew nothing of the matter,
and immediately turned the conversation,
appearing displeased.
Toombs, even when iu. the cabinet, had
been impracticable and restless. Out of it
be became an active malcontent, and was
powerfully supported in every perverse and
pernicous suggestion by Gov. Brown of
Georgia. Vice-President Stephens had
lent the government no assistance, contin
ually holdiug himself aloof from Richmond
—perhaps on account of ill health ; but
certainly his health must have been very
wretched indeed, if poorer than that of Mr.
Davis daring many of his most trying and
laborious months. Be the cause what it
might, however, the absence, if not apathy
of Mr. Stephens, had been au element ol
weakness, and led them to be regarded by
the malcontents as a
their cause. * * * * * Qj t j, e 0l ji,
cers on the Confederate side, Mr. Davis
spoke iu high terms of Gen, Lee as a great
soldier and pure Christian gentleman ;
also in praise of Bragg and Pemberton,
though the two latter, tor unavoidable cir
cumstances and the hostility of the party
opposed to Mr. Davis, had not been ac
corded the position due to their talents by
public opinion in their section. Peinbcr
tou made a splendid defence of Vicksburg,
and might have been relieved if the officer
commanding the army sent lo relieve him
(Gen. Johnson) had not failed to obey the
postive orders to attack Gen. Grant which
Mr. Seddon, then Secretary of War, had
sent. If the same officer, who was upheld
in command by the anti-administration
party, had vigorously attacked Shennan
at Atlanta, when directed, the fortunes of
war would have been changed, and Sher
man hurled back to Nashville, over a .ster
ile aud wasted country—his retreat little ■
less disastrous than Napoleon’s from Mos
cow. He did not do so, aud was relieved
—Gen. II ood, a true and spirited soldier
taking his place—but the opportunity was
then gone ; and to this delay, more than to
any other cause the southern people wili
attribute their overthrow wheuever history
comes to be truly written. Bragg’s victory
over Rosencraus at Cbickamauga, Air.
Davis regarded as one of the most brilliant
achievements of the war, considering
the disparity of tho forces. The subse
quent concentration of Giant and Hooker
with Rosencraus, aud the victory ol their
combined forces at Lookout Mountain, was
the result of au audacity of desperation
which no military prudence could have
foreseen. So confident was Bragg of the
impreguibility of his position, that im
mediately after the Chiekmauga fight
he detached Longstreet, with sixteen
thousand men—about one-third of bis
entire force—to make a demonstra
tion against Knoxville, thus indirectly
threatening Grauta communication with
Nashville. Bragg’s position was finally
carried by the overwhelming numbers ot
the enemy. The opponents of his admin
istration eeusured Bragg for detaching
Longstreet, but the subsequent events
which made that movement unfortunate
were of a character which no prudence
could have foreseen, no military calcula
tion taken into view as probable. All
such reflections were idle, however, con
eluded Mr. Davis, and be must not be
again betrayed into their indulgence.—
Success is virtue and defeat crime.
mits to the ratification of the Southern
States, the constitutional amendments re
cently adopted by Congress.
It denies that the conquest of the South
ern States by the North, conferred upon the
latter any new sovereignty over the forms
er, aud refers for support of the proposition,
to a decision of Judge Sprague, of Massa
chusetts, affirming this -marine, and to that
of Judge Nelson, of New York, who in
the case of Mr. Egan, of South Carolina,
confined by a military commission, held
that the State of South Carolina had been
fullv restored to all of her constitutional
and judicial functions.
By reference to the controlling majority
of the North in the national Congress, it
shows how utterly groundless arethefears
that the admission of Southern Senators
and Representatives might revolutionize
the Government, it indeed these represeu-
tative§ should desire such a consummation,
aud denounces as dishonest of purpose and
derelict of duty, those who would keep the
country distracted, tho Southern States
deprived of their constitutional rights, and
their people degraded, merely to perpetu
ate the power ot party.
It gives hut little attention to the mass
of testimony taken before the Committee,
and without referring to any but that of
Geueral Grant, claims that by bis showing
the people of the South have returned to
their allegiance to the government in good
faith, aud are in turn entitled to a partici
pation iu all its benefits.
It strong!}’ objects to the plan of resto
ration proposed by the majority, and the
time and manner of its submission to the
ratification of the vajious States, earnestly
contending against the injustice of reduc
ing representation for a non-adoption of
negro suffrage, and the impolicy of submit
ting matters of sucli moment to Legisla
ture:) which may not. be considered to rep
resent the sentiments of their constituents,
lather than to those hereafter to be elected
or to State Conventions.
It contains au admirable defence of the
policy of President Johnson, showing that
bis course lias all the sanctiou of law and
the Constitution, claimed for auy of the
acts of his predecessor, Mr. Lincoln, and
claiming that any defects which may exist
are fully remedied by the fact that the
Southern States have accepted his plan,
and have adopted constitutions republican
in form, as required by the Constitution.
The strongest and most unanswerable
points made against the Radical majority,
friend and pillar of I consists in quotations from the Chicago
platform, Mr. Lincoln’s speeches aud proc
lamatious, and the resolution of the Re
publican Congress, all declaring that the
war was prosecuted with no purpose or de
sire to destroy or infringe npon the rights
ot the States.
There is much of sago argument and
suggestion as to the expediency, justice
amt propriety of a kind and conciliatory
course toward the South, and the pressing
necessity of an immediate and full restora
tion of the South to the Uuion—which a
want of space forbids us now to notice.
The two reports will furnish the strongest
campaign documents which will be used
in the coming fall elections. In the hands
of such men as Voorliees, Vallandigham,
Pendleton and others, this will he used
with powerful effect, and with their com
ments, wo hopefully submit the minority
report, with the issue between the South
aud North, whose ballots are not only to
determine our fate but the perpetuation of
Republican institutions.— Columbus Suti.
Minority Report of ilie fiecoiiidrucUon Com
mitiee.
This document from the pen of the Hon.
Reverdy Johnson, lias been presented to
Congiess and appears in full iu our late
Northern exchanges. It is a very calm
aud dispassionate review of the state of the
couutry, and the report of the majority,
and combines in an emioent degree, the
terse and cogent reasouingof the jurist,with
the enlarged and cultivated views of the
statesman. It will live tfS the political text
hook of thesd times; and in after years
perhaps, the student of the history of Gov
ernments may learn from its pages how a
mad aud fanatical party disregarding its
wiso guidance, wrecked a nation, already
saved from the anarchy threatened by a
civil war upon the dangerous reefs towards
which we are now rapidly approaching.
It first proceeds to combat the declara
tion made in the majority report that the
question as to whether the Southern (States
were in or out of the Union, was a “profit
less abstraction” and argues with great
clearness and force that the States could
uot be deprived of their constitutional
rights and guarantees, by the action of
their inhabitants ; that they could not as
States commit treason, or be indicted ior
criminal offences, aud that no punishments
cau be imposed upon them for violations of
the Federal laws by their citizens; aud
that the insurrection being suppressed,
they were immediately entitled to ail the
rights aud privileges they had previously
possessed.
It contends tbafr “a State once in the Un
ion] must abide in it forever] and in support
of the statement, cites the proposition of
the majority of the committee, which sub-
Corrcspondpncc of the N. F. Times.
Colton in South Western Georgia—Kind-
1/ reding Toward the Colored popula
tion— Unrdiahlc Stories of the Cruel
Treatment.
Macon, Ga., June 12, 1S66.
Unavoidable circumstances prevented my
taking a trip across the border into Flori
da, as I odcc fully inteuded, and obliged
me to return here several days sooner than
I contemplated. During my visit to South-
Yve.stern Georgia, I visited a large portion
of the principle cotton section of the State,
and acquainted myself pretty thoroughly
with plantation life in Sumter, Dooly,
Lee, Dougherty, Mitchell, Baker and De
catur counties. The sum of my observa
tion is highly satisfactory, both as to the
prospects ot the crop, aud the demeanor
and condition of the freedrnen, and my
intercourse with both races has led me to
the fixed conviction that the strictest non
intervention by the General Government
in the relations between the employers
and freed men is tho only policy which will
promote the best interest and happiness of
both, and at the same time foster the pro
ductive industry of the couutry.
Whatever interested parties may say
to the contrary you may confidently rely
on it that the mass of the white popula
tion are most kindly disposed to the color
ed people, treat them liberally—nay in
dulgently—and willingly concede to them
all the rights which legitimately belong to
them under their altered condition. The
laws of the Slate afford the most perfect
protection to them against aggression or
injustice of every kind, and the courts aud
juries are prepared to enforce those laws
with perfect impartiality. All the stories
of roving bands of negro slayers and of
numbers of freed man and women murder-
ad in the woods and drowned iu tho riv
ers, are wicked falsehoods invented and
circulated by interested pat ties to mislead
public opinion in favor of a political faction,
aud afford a plans.ible pretext for the coun
tenauce of the abnormal and ruinously-ex
pensive institution which supply them
with pay aud allowances from the United
States Treasury aud enable them to op
press and swindle and disturb the commu
nities which are cursed by their presence.
I have heard these stories told in Augus
ta with the minuteness of detail as to cir
cumstance and locality which might well
deceive the unwary. I .heard that Sum
ter county in particular was petroled from
one end to the other by bands of white
men, tfjio ruthlessly killed every negro
against whom the faintest shadow of com
plaint existed. 1 spent several days iu
that county. I traveled at all hours of the
day and night. I associated with all
classes otthe population. I talked freely
to the freedrnen, the managers and the
“poor whites,” as well as with the landed
proprietors, and 1 cau assure you that I
never saw or heard anything which could
cijtyite a suspicion of any ill feeling be
tween the races, much less of the existence
of organized bauds of assassins. If such
there were., or of any such were even
contemplated, I should have heard of it,—
I do not wish to be understood as represen
ting the community as one iu which prim
itive innocence and purity are to be found.
I have no doubt but there are many bad
negroes and bad white men who break the
law and do many things forbidden by the
decalogue. But I do say that order and
obedience to law are the rule, and crime
the rare exception. I heard of a negro
man who had brutally used a white woman
being shot down by the woman’s husband
as the constables were taking him to jail.
I have heard of one or two instances where
negroes have attempted to assault their
employers and have been killed on the
spot. The facts were not concealed.—
There was no premeditation or organized
plan connected with them. It would, of
course, have been better if the outraged
liusbaud had allowed the law to deal with
the black ravisber of his wife, and if the
Assaulted employers had arrested and lodg
ed in jail their assailants. But in a coun
try where the blacks outnumber the whites
so largely, where the appliances of
constables and magistrates are not at ev
ery man’s door, the most law-abiding will
not severely condemn a man for slaying a
negro who has dishonored his wife or as
saulted himself, with an ax or a knife.—
The “negro-killers,” wuo are graphically
described by the Oapt. Bryants, are as '
mythical as the children of the mist, or Mr.
Humer’s spirits. They can be suppressed
at a much less expeuse than eleven mil
lions of dollars. and without the complex
agency of Commissioners, Assistant Com
missioners, Deputies aud Ageuts.
Now that another attempt is made to
prolong the existence of' the Freedmen’s
Bureau, you may expect to see issue from
the fertile brains of all the existing agents,
a fresh batch of horrible atrocities worthy
of a place in the next edition of the “Tales
of Wo nder.” But where do you not find
that the local eourts have takeu step to
punish the offenders, or the local Press has
published the particulars, depend on it that
the stories are falsehoods concocted in the
“headquarters” of some agent of the Bu
reau, and prepared for publication in the
sanctum of the loyal Georgian.
Let an impartial observer compare the
conditiou of society iu South Western
Georgia, where the Bureau is not univer
sally known and felt, with that of Augus
ta, Atlanta, Macon and Savannah, where
agents are as numerous as blackberries,and
if be does uot agree with me that both
black and white are happier, more conten
ted, on better terms with each other, more
virtuous and more industrious where the
Bureau is in total eclipse than where its
lull effulgence is felt, I am ready to con
fess myself mistaken.
So long as the old slave codes were un
repealed and the negroes were deprived of
legal protection and the right to appeal to
the courts, every one agreed that there was
a manifest necessity for the establishment
of some authority to see that the freedrnen
were secure against wrong. It could not
have been expected that the sudden eman
cipation of so many negroes could have
been attended with so little disturbance
of the peace and good order of the country.
It was the duty of the Government to pro
vide the most certain protection for the
emancipated slaves, and this was general
ly conceded, although the manner in
which the duty was performed was very
unanimously condemned, aud not without
reason. The exploits of the Gen. Wilds,
and Chaplain freuches, aud Capt. Bryants,
of the Freedmen’s Bureau, who first intro
duced the institution in Georgia, challenge
competition in their excess of outrage, and
merciless oppression. But from the hour
that the Legislature- passed laws placing
the negro on the same footing as the white
man before the law, and that the Courts
were re-opeued. aud the authority of the
civil magistrates of the State restored, the
Freedmen’s Bureau was as unnecessary
iii ^Georgia as it would be in Vermont.
I do not write from prejudice, and state
nothing from hearsay. All I want is to
restore peace and union, and I think the
bold statement of the truth and the result
of persoual observation is the best wav to
effect that desirable object, bnprimi.se,
the disposition of the whites to the blacks
is generally of the kindest and the blacks
know and feel this and prove it by their
constant application to their former mas
ters for advice and assistance. But if it
were otherwise, and the necessity for the
Bureau as obvious as the reverse is the
case, the present system must be modified
and the present agents should all ne dis
missed. The only way to clean that Au
geau stable is to burn it, and purify the
neighborhood. Reverened freedrnen who
have been led to believe that the only
thing in the way of their being Bishops
and members of Congress, is the cruel prej
udice of the Southern whites, and that
Bryant and the Bureau will assuredly ele
vate them to those pinuacles of spiricuaf
and temporal distinction, will naturally
beg aud implore the Government to con
tinue the institution. Ambitious members
of the colored laity, who used to be good
village carpenters, bricklayers, tailors and
shoemakers, but who now desire the foren
sic distinction promised them if they will
collect money for the Loyal Georgian aud
the colored Savings Banks, will tell you
that the Bureau is the Alpha and Omega
of colored existence. But, if you ask the
steady, hardworking freed man, what ho
thinks on the subject, what the Bureau has
ever done for him,he will unhesitatingly tell
you “don’t want no sich foolishness,” and
that he cau get along very well without
any other aid than his labor, his goo^ be
havior and the good will of the “white
folks.”
It is another great mistake to suppose
that the .white people are opposed to the
education and improvement ol the negroes.
They do uot believe that the African is ca
pable of attaining a high order of intellec
tual advancement, but they are very wil
ling to see them taught to read and write
and simple rules of arithmetic, and they
would cheerfully aid in teaching their ser
vants themselves, and supplying them with
all the necessary books, &c.
The fundamental mistake is the suppos
ed animosity of the two races—the alleged
desire of the superior to ill-treat aud op
press the inferior. Iu nine hundred and
ninety nine cases out of every thousand
this is wholly untrue, and the thousandth
case where it may be so, is controlled by
the overwhelming public opinion.
To he efficient on the plau and on the
hypothesis of its advocates, the buroau
must work iu conjunction with a large ar
my of occupation. What could one little
five hundred dollar agent do against a
large band of negro-killers, armed to
the teeth, with crape over their faces, pre
pared to execute numbers of freedrnen on
the edge of the Okefenokco Swamp?—
Even Bey ant and the Loyal Georgian
would fail to stay the assassins unless he
were backed by an adequate number of
rank and file. And how many millions
in addition to the eleven for the bureau
proper would be needed to keep up this
standing army ? Ought not the evidence
be indisputable of the necessity for this
outlay ? Unaided and unexperienced the
agencies will necessarily be nests of cor
ruption, blisters to the white man and the
black, utterly impotent to do any good.
I have examined the question thoroughly
by persoual and minute observation on the
spot, and I give you the result of my hou-
est, impartial judgment. If I thought
there was any information to detract the
freedrnen, I should unhesitatingly tell you
so—just as unhesitatingly as I pronounce
the bureau now to be a mischievous nuis
ance, as unnecessary for the purpose for
which it is avowedly designed as it would
be to appoint a Bureau to prove that Fe-
niaaism is a swindle and a humbug.
88, )
t. >In
RE. )
Equity. From BM.
ILLE DGEVILLE:
TUESDAY, JULY 3, 1866.
ZVEinnte of Points
Decided by the Supreme Court at Milledgeville, Ga.,
June Term, 13G6—Continued.
James R. Armstrong 1
vs. > Plaintiff in Execution.
Wm. B. Jones. j
Lumpkin, C.J.
This was a rule against the Sheriff for failing
to make the money on certain fi. fas, when order
ed to do so by the plaintiff. The facts are as fol
lows : The executions were placed in the hands
of the Sheriff the 12th day of October, 1865, and
he was directed to levy them on certain cotton
belonging to the defendant, Pact of said cotton
was at the depot in Oglethorpe city ready for
shipment, and the defendant has since sent off va
rious lots of said cotton. The Sheriff refused to
make the levy upon the ground that the defend
ant was protected by the St:fy Law originally
passed in I860 and continued by the Act of March,
1865, “during the continuance of the war.” Held:
That the war had ceased before the 12th of Octo
ber, 1865—before the executions were placed in
the Sheriff’s hands by the plaintiff with instruc
tions to levy the same; and that failing or refus
ing to do so he made himself liable to the plain
tiff by Rule or an action on the case at his op
tion.—Code $ 3853.
2. That a Court will always abstain from call
ing in question, the constitutionality of an Act of
the Legislature, provided there be any other-
ground in the case, upon which to rest their judg
ment. j
Bass,
vs.
Ware.
Walker J.
1. A warranty of slaves “to be slaves for life" i s
no covenant against future emancipation; the
Terms “to be," as here used, having relation to the
time of the warranty and not to subsequent time
This covenaut being the same in substance with
that in Hand vs. Armstrong, the decision pro-
nounced in the latter case, controls the present
one.
2. The abolition, by the Code, of the vendor’*
lien, operates prospectively, and does not affect
sale of land which took place in 1857.—Judgment
Affirmed.
Baily & Hall for plaintiff.
Nisbet Sc Lochrane for defendant.
Ellington )
»s. >Complaint. From Lincoln.
Coleman. )
Harris, J.
Whether the verdict was contrary to evidence
will not be inquired into, where there was no mo
tion for a new trial in the Court below.—Judj,.
ment Affirmed.
Strother for plaintiff.
Lang for defendant.
Hand, }
vs. > Complaint. From Sumter.
Armstrong. )
Walker, J.
Emancipation is no defence to notes given f or
the purchase money of slaves sold in I860, with
warrauty “that they are slaves tor life.’’ The war
rantor did not covenant against a future act of the
Government. He simply warianted that the slaves
in question belonged to that class whose condi
tion was, by the then law,'one of bondage for life—
not that this condition should continue as long as
they should live.—Judgment Affirmed.
Hawkins for plaintiff.
Cobb & Jackson for defendant.
S Ru
m
Rule to foreclose mortgage.
Wilkinson.
F ron
Jackson
vs
Carswell.
Walker. J.
An instrument recited that two Attorneys were
employed by the maker, and went on thus: - J do
promise to pay, give aud allow them five hundred
dollars each to be paid at the end of the litigation
* * * Said amount to be equally divided be
tween them”—Held, that the aggregate of the two
fees was five hundred dollars and not one thou
sand dollars.—Judgment Reversed.
Rivers for plaintiff.
Briscoe for defendant.
Bierce,
rs.
Hicks.
Harris, J.
The keeper of a tippling house has a right to
defend himself against a dangerous Assault nude
upon him therein by a person who has drank
there to intoxication, although such a house be
not what is termed in law a man’s castle.—Judg
ment Affirmed.
DeGraffeuried for plaintiff.
Rivers for defendant.
Trespass. From Wilkinson.
Caveat to Will. From Warren.
Jones,
vs.
Battle.
Harris, J.
The whole will is not void becanse the testator
designed to manumit two of his slaves and leave
twenty thousand dollars for their benefit. This was
not his entire testamentary scheme, and conse
quently thejudgment of probate should stand as
to all the will except these slaves and the twenty
thousand dollars : as to which, an intestacy must
be declared under the paiol evidence.—Judgment
Modified.
Dougherty Sc Pottle for plaintiff.
Stephens and Barnett & Bleckley for defendant.
Gray Sc Gray, J
rs. > In Equity. From Elbert,
Gray Sc Gray. )
Walker, J.
The complainants filed a bill against the defen
dants to secure the forthcoming of the property to
be accessible to them as remaindermen. That bill
_ _ , was demurred to, and the demurrer sustained on
should agree upon their verdict, theu disperse, j the proU nd that complainants had no title. After-
aud return into Court the next morning. Conn-; warc j s on the very same claim of title this bill was
sel lor plaintiff proposed that the verdict should i brought to reduce some of the property to posses-
be returned to the Clerk and the jury disperse, j s ion— Held, that the Judgment on demurrer to
The Court inquired if there were any objection to i the former biil was a bar to the present bill —
this, and none being made, he instructed the jnryl Judgment Reversed,
in accordance with the latter proposition. The j Akerman for plaintiff. -
Court then adjourned until next morning, and in i McKinley for defendant,
the interval the jury returned their verdict to the |
Clerk and dispersed. On the meeting of the Court \ Collkns i
next morning, Counsel for defendant stated in his i vs. fin Equity,
place that he did not hoar the proposition which ! He
IIcgelky
vs.
Folstkin.
) Rule to Foreclose Mortgage.
^ From Monroe.
Walker, J.
Counsel for defendant proposed that the jury
From Bibb.
•Bigamy. From Fallon.
the adverse counsel had made, and that if he had
heard it he should have objected. The Court
thereupon ordered the papers back to the jury, so
that the verdict might be formally delivered. Be-;
fore its delivery, however, the defendant’s eoun-!
sel moved to continue the case on the ground of!
newly discovered evidence. The Court heard his j
shewing, granted the continuance, and ordered i
the verdict to be erased from the papers. Held: j
That the Court erred ; that the verdict, as return- i
ed to the Clerk, ought to stand; that it was too i
late to move for a continuance; and that thede-j
fondant should have been left to avail himself of |
the newly discovered evidence, by motion for a
new trial.—Judgment reversed.
Cabaniss & Peeples for plaintiff.
Trippe for defendant.
Boggcs,
vs.
The State.
Lumpkin, C. J.
1. A single man may be a principal in the sec
ond degree to the offeuce of bigamy committed by
the marriage of a married man with a single wo
man.
2. To write letters for the man to the woman
before the marriage ; to counsel him to go on and
consummate the marriage engagement, knowing
that he was already married ; and to be married
at the same time and place, and by the same cere
mony. to another single woman, both couples
standing up together by previous concert and ar
rangement, are such acts of aiding aud abetting
as will warrant a conviction.
3. If the prisoner be surprised by some of the
State’s evidence, aud know of absent witnesses
by whom he could rebut it, he ought to move for a
continuance. Failing to do so, he has no right to
a new trial to get clear of the effect of the evi
dence.—Judgment Affirmed.
Hiil& Clarke for plaintiff.
Hommcmd, Sol. Genl. for defendant.
Whittle
rs.
Newman.
Walker, J.
An Attorney cannot collect his fee by ruling hi:
client, though the latter may have possessed him
self of tlm.entire fund recovered by the litigation
in respect to which the services of the attorney
were rendered—Judgment affirmed.
Whittle for plaintiff.
Harris Sc Hunter for defendant.
:!
Illegal Distilling. From Newton
•Rule. From Ticiggs.
Lumpkin, C. J.
The doctrine that a purchaser for value without
notice of fraud in the vendor’s title, is protected,
is applicable to this case and controls it.—Judg
ment affirmed.
Whittle for plaintiff.
Lanier & Anderson for defendant.
McCollum
vs.
The State
Walker, J.
A charge that if the prisoner carried corn to be
distilled and afterwards received whisky, the ju
ry ought to ffud him guilty, is erroneous, without
the further statement that if the transaction was
one of mere barter it was no offeuce.—Judgment
reversed.
Clarke for plaintiff.
Hammond, Sol. Gen., for defendant.
Faulkner,
rs. f.
Ware. )
Lumpkin, C. J.
A plea of failure of consideration to an actfoifc
brought by the bearer or endorsee, on a neg8U&'
ble note not due at its date, presents no defence
unless it avers notice of such failure in the plain
tiff at the time he acquired title, or some equiva
lent fact; the presumption of law being, that the
note was transferred for value before due, and
without notice of auy defect in the consideration.
That the note showed on its face what the consid
eration was, does not vary the rule.—Judgment
Affirmed.
Strother for plaintiff.
Akerman for defendant,
Complaint. From Lincoln.
Possessory Warrant. From Talbot.
Blasengame
vs.
Rose.
J
Case. From Fulton.
Claim for Widow’s allowance.
From Upson.
Lumpkin, C. J.
A widow who has drawn ’supportfroin her hus
band’s estate during the year succeeding his death,
though it was not formally set apart to her, and
though she rendered valuable services to the es
tate throughout tho same period, is entitled to no
further allowance by way ot year’s support. She
cannot set off her services against what she has
received, but must obtain compensation, if she be
entitled to it, iu some other way.—Judgment re
versed.
Trippe for plaintiff.
Cabauiss, Peeples Sc Co. for defendant.
Cannon
rs.
The Sup’t W. & A
Walker, J.
By the Code and by the Act of 1863, the Wes
tern Sc Atlantic Railroad is placed npon the same
footing as Railroad Companies, in respect to liabil
ity for injuries to employees by other employee*;
aud the Act aforesaid applies this rule of liability
to cases that arose between the adoption of the
Code and the time when it went into effect.—Judg
ment reversed.
Hammond Sc Hoyt for plaintiff.
Barnett & Bleckley for defendant.
Wilkinson
vs
Davis.
Harris, J.
The rule as to laying the foundation for im
peaching a witness by statements made out of
Court, was not complied with in this case, and
therefore there was error in admitting the im
peaching evidence.—Judgment reversed-
West and Vason Sc Davis for plaintiff in error.
Warren & Floyd for defendant.
kinson )
vs. >
s, Ex’r. )
Complaint. From Lee.
Chapman
vs.
Chatman.
Lumpkin, C. J.
1. A judgment setting aside an award, is con
clusive upon the parties until reversed; and to
procure its reversal, exception must be taken to it
in proper time and mode.
2. The .evidence being in conflict, the judgment
of the Court below on the facts will not be dis-
turbed.—Judgment affirmed.
Perryman for plaintiff in error.
Bulloch for defendant.
Durham ^Motion to Dissolve Injunction.
vs. >
Sessions, j From Lee.
Harris, J.
The dissolution of an injunction npo» the com
ing in of the answer, though the equity of the bill
be sworn off’, is not matter of right, but of discre
tion. In the present case, the discretion was
properly exercised by retaining the injunction.
The equity of the bill was not fully sworu off."
Judgment affirmed.
Yason Sc Davis for plaintiff in error.
West for defendant.
Amos ) Indictment for fHrnishing Sla? e
rs. > with spiritnous liquors.
The State, j From Talbot.
Walker, J.
1. That the person to whom the liquor was fan
nished was a negro, was prima facie evidence that
he was a slave.
2. If the accused was owner, overseer, or eTc-
ployerofthe slave, that was matter of defence,
aud the burden was not upon the State to prov*
the contrary as a part of the original case "
Judgment affirmed.
Bethuue for plaintiff.
Sol. Gen’l for the State.
Wise )
Ts . > Murder. From Butts.
The State. )
Lumpkin, C. J. .
1. Section 3165 of the Code as to advertisi n n
the adjournment of the Superior Court is 0
ry to the Clerk, and if not complied with, still t
Court may be held at the time faxed in the order
adjournment : and a party not prejudiced by 1
omission of the Clerk cannot complain. .
2. The plaintiffYh error was not injured by
omission in the present case. ,
3. Though the charge of the Court on the ^
ject of drunkenness, was in some respects
-ate, yet the jury were not misled, and a new
should not be granted —Judgment affirmed-
Doyal Sc Beck for plaintiff in error.
Hammond, Sol Gen’l for defendant.