Newspaper Page Text
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'jSA. O jR JVE IE «Sc S O js^ 3
tDirOiiS AND PROPRIETORS.
f(r u,-) 5,00 i>er annum, in Advance.
iuvektisiKg—Persquare of teu lines, each
', ;i oiii ?> * l,( ). Merchants and others forall
"’',uu>''' , "tir $2i>, twenty-live per cent.off.
legal advertising.
Citationsfor lettersot ad-
..^trstion .guardianship. &c $ 3 00
j iaies tead notice 2 00
' J ca tiuuiorletters of dism’n from adui’u 5 uq
•^^j ieitioufor lettersof dism'nofguard’u 3 50
1 'nation for leave to sell Land 5 00
voice' 10 Debtors and Creditors 3 00
• ' eJ of Laud,per square of ten lines 5 00
.jt personal, per sq., ten days 1 50
' " Each levy of ten lines, or less.. 2 50
re sales of ten lines or less 5 00
■lflector’s sales, per sq, (2 mouths) 5 00
1 “ r \s--Foreclosure of mortgage and oth-
"/'monthly’s, per square 1 00
t ,trav notices, thirty days 5 00
fributes of Respect, Resolutions by Societies,
, ,ituaries, A,c., exceeding six lines, to be charged
/transient advertising.
-y sales of Laud, by Administrators, Execu-
~ ,r Guardians, are required by law, to beheld
,,i the first Tuesday in the month, between the
ty,n often in the forenoon and three in the af-
/j mu. at the Court-house in the county in which
j,- property is situated.
X itice of these sales must he given in a public
•nzette 40 days previous to the day of sale.
Notice for the sale of personal property must be
ran in like manner 10 days previous to sale day,
Ndtkes to debtors arid creditors of_ an estate
.lit also be published 40 days-
S’jtice that application will be made to the
Court of Ordinary for leave to sdll land, must be
unished for two months.
Citations for letters of Administration, Guar-
. t „ s hip, &<*.., must bo published 30days—for dis-
,, SJ ion from Administration, monthly six months ;
lisinission trom guardianship, 40 days.
g.ii,-s for foreclosure of Mortgages must be
I’jllshed monthly for four months—for est.ablish-
,r!osi papers, for the. full spaceof three, months—
'in idling titles from Executors or Adminis
ters, where bond has been given by the de-
4 ss 1. the full space of three months. Charge,
j| DU p ir square of ten lines for each insertion,
pn ideations will always be continued accord
t j to these, the legal requirements, unless oth
.wise ordered.
MILLEDGEVILLE, GEOEGIA, TUESDAY, AUGUST 31, 1869.
No. 35,
yliedule of Macon & Augusta 11. R.
heaves Camak, daily, at 12.30 P. M.
“ Milledgeville 0.30 A.M.
Arrives at Milledgeville - 4.20 P.M.
C’ainak 9.00 A.M.
Passeno-ers eaving Augusta or Atlanta on Day
ikssenge'r Train of Georgia Railroad will make
oge connection at Camakfor intermediate points
u the above road, and also for Macon, &c. Pas-
,enters leaving Milledgeville at 5.30, A. M..reach
Atlanta and Augusta same day,and will make
I. ,se connections at either place for principal
imiatsin adjoining States.
' J E. W .COLE, Gen’ISupt.
Augusta,January7.1868 4 tl
DRY GOODS!
CROCKERY.
Saddlery, and Harness, &c„ &e.,
FOR SALE BY
T. T. WINDSOR, & CO.,
MILLEDGEVILLE, GA.
T HE Citizens of Baldwin and adjoins
ing counties will find a large and
good assortment of
Brown and Bleached Goods of all quali
ties.
Calicoes, of all grades,
Dress Goods in great variety, \
Hosiery, Gloves and Shelf Goods oj all
sorts.
The most complete assortment of
ever offered for sale in this place, consisting of
Miles &. Co’s Philadelphia work; Shelley &
Bros’North Carolina work; Butchelder & Co’s
Brogans, and Children’s Misses’ and Ladies tine
work of all styles.
HATS, of Wool, Felt, Straw, Panama, Ac
GROGKEBY.
A full line of everything, that can be called for,
with Glassware and China in Plain and Gilt Tea
Sets.
SADDLERY,
From the old Army np to the fine Morgan Cavalry
Saddle
Harness-Single and Double,
BJind Bridles, Riding Bridles, Whips, &c
3VIETA.X.XC BTJRIA-L CASES,
Plain, Half Satin, and full Satin Trimmed, in
Plain Cases and Caskets.
SOUTH WESTERN R. R. CO.
OFFICE, MACON, GA.,March24th, 1868
Columbus Train—Daily.
Leave Macon
Arrive at Columbus V,
Leave Columbus
Arrive at Macon - . b-20 P, Al.
Eufaula Train—Daily.
Leave Macon
Arrive at Eufaula ~ » vr I
Leave Eufaula -
Arrive at Macou ^• i) ® P- M.
Connecting with Albany Train at S/nilhville
Leave Smithville
Arrive at Albauy - 3.11 P- M.
Leave Albauy 9.3;> A. M.
Arrive at Soiithvilie.- ,11.00 A.M.
Connecting with Fort Gaines Train at Cuthhcrt.
Leave Uuthbert 3.57 P* M .
Arrive at Fort Gaines. - — - - - - - - 5.40 P.M.
Leave Port Gaines 73)5 A. M.
Arrive at Cuthbert 9-05 A . M.
Connecting with Central Railroad and Macon
A Western Railroad Trains at Macon, and Mob
coaery & West Point Trains at Columbus.
6 VIRGIL POWERS.
Engineer &, Superintendent
Schedule of the Georgia Railroad.
rvN AND AFTER SUNDAY, MARCH 29th
U Hd-S, the Passenger Trains on the Georgia
Railroad will run as follows:
DAY PASSENGER TRAIN-
(Daily, Sundays excepted.)
heave Augusta at-... ^
” Atlanta at “•
Arrive at Augusta - 3.30 P. M.
at Atlanta - ...6.10 P. M.
NIGHT PASSENGER TRAIN.
Leave Augusta at 3 45 P. M,
•• Atlanta at 6.45 P. M.
Arrive at Augusta
“ Atlanta 4.00 A.M.
BERZELIA PASSENGER TRAIN.
Leave Augusta at
Berzelia at 7.O0A.M.
Arrive at Augusta 6.45 A M.
'• at Berzelia — .6.15 P.M,
Passengers for Milledgeville,Washington and
Athens,Ga., must take Day P assenger 1 rain from
Augusta and Atlanta.
Passengersfor VVest Point, Montgomery, Sel-
nia, Mobile and New Orleans must leave Augusta
on Night Passenger Train at 3.45 P. M., to make
close connections. .
Passengers for Nashville,Corinth,Grand Junc
tion, Memphis. Louisville and Louis can take
either train and make close connections.
Through Tickets and Baggage checkedthrough
to the above places.
Pullman’s Palace SleepiiigCars on all Night
Passenger Trains.
K E . W . COLE, Gen lSuperint dt.
Augusta, March 26,1868 ^
‘ liLcuita SI fUfest fPaLut.
RAIL ROAD.
Day Passenger Train—Outward.
Leave Atlanta
Arrive Jit West Point 9-50 P. M.
Dan Passenger Train—Inward.
Leave West Point 1--W P. M.
Arrive at Atlanta 6.20 P.M.
Xioht Freight and Passenger—Outward.
Leave Atlanta.... iVan p‘
Arrive at West Point 11-40 P.M.
Night Freight and Passenger Train—Inward,
Leave West Point ^-20 a vr
Arrive at Atlanta 11-30 A. M.
Shancf c. af gPcke.du-L.fi.
OFFICE SOUTH CAROLINA R.R.CO-, 1
Augusta, Ga., March 25,1866. )
O N AND AFTER SUNDAY, 29tli March,
1868, the Mai and Passenger Trains of this
Road will leave and arrive at through Central
Depot,Georgia Railroad, as follows:
Morning Mail and Passenger 1 rain
Lr Charleston, connecting Train for Columbia,
South Carolina, Charlotte Road, and Wilming
ton and Manchester Railroad.
Leave Central Depot at — •.... 5.50 A . M.
A.rrive at Central Depot ....... 3.30 P. M.
Night Passenger Sf Accommodation Train
For Charleston, connecting with Train foT Co
lumbia,and withGreenville andColumbiaRail-
road:
Leave CentralDepotat —- 3.50 P.M.
Arrive atCentral Depotat 7.00 A. M.
H. T. PEAKE,
General Superintendent
'•Si ’ffil %:i \b* ™ tat
In the Grocery Store next door to the Drug
Store of Jolm M. Clark, will be found
Provisions, Corn, Bacon, Lard. Flour, Sugars.
Coffee, Syrups, Molasses, and everything found
in a Grocery Stock, all of which will be sold at
lowest market rates for CASH.
T. T. Windsor & Co.
Milledgeville, Ga., May 18, 1869 20 tf
mxmtt
COMPANY.
RICHMOND, VA.
13 s " Persons desiring to insure their lives wil
call upon R- M- ORME, Jr.,Ag’t.
Milledgeville, May 19, 1868 20 tt
J?. H. BEHN,
COTTON and MCE FACTOR
AND
General Commission Merchant,
West of the Exchange,
BAY STREET, SAVANNAH, GA
September 8,1868 36 _ly*_
Dr. GK W. JONES,
QlesicLent (HentL&t.
ALL DENTAL opera
tions performed with skill
and care. Artificial teeth
[inserted in all styles known
to the profession.
Old cases, not comforta-
_ _ bly worn, can be made so.
Old Gold Plates takenin partpaymentfor Den
tal operations. . , . ....
BTOffice. East Rooms Darien Bank building.
Milledgeville Oct. 13,1SC8.
UNIVERSITY OF NASHVILLE.
Medical nepartm’nt.
rflHE TWENTIETH COURSE of Lectures
1 will commence on the First day of November
next. The Preliminary Course commences on the
First Monday in October.
Theory & Practice—WM. K. BOWLING, M. D.
Obstetrics—CHA’S K. WINSTON, M. D.
Chemistry—J. BERRIEN LINDSLEY. M. D.
Surgery—WM. T. BRIGGS, M. D.
Institutes—THOS. L. MADDIN, M. D.
Clinical Medicine—WM. L. NICHOL, M. D.
Materia Medica—JNO. II. CALLENDER, M D.
Anatomy-THOS. B. BUCHANAN, M. D.
Surgical Anatomy—VAN S. LINDSLEY, M. D.
Demonstrator-HENRY M. COMPTON, M. D.
FEES.—The American Medical Association at,
the meeting in May last at New Orleans passed a
resolution that no school charging less than $120.
(while it favored by a large majority $140.)
should be represented in that body, nor should
m-aduates o^ such schools be recognized—there
fore the ticket for the full course of lectures is
$140; Matriculating $5 ; Dissecting $10; Grad
uating $30. .
For additional information apply to
J. BERRIEN LINDSLEY,
Dean of the Faculty.
August 3,1869 31 - k
LOOK after your WILD LANDS.
P ERSONS owning WILD LANDS in Appling
county, or any of the counties of old Wilkin
son —now Telfair, Pulaski, Laureus and Mont
gomery,—will find it to their interest to send their
numbers to the undersigned who, for a small fee,
will,if desired, make examination of lands in
person and report as to value, &c._
Special attention given to buying and selling
lands on commission.
REFERENCES.
GEORGE H. HAZLEHUR8T, Pres’t Macon
and Brunswick Railroad, Macon, Ga.
Rev. J. W. BURKE. Macon,Ga.
WALTER T. McARTHUR,
Jacksonville, Telfair county, Ga.
July 20, 1869 29 . im ^
Blanks for Sale al III is Office-
IDEOISXOISrS
OF THE
SUPREME COURT OF GEORGIA,
Delivered at Atlanta, Aug. 3, ’69,
Furnished by N. J. Hammond, Supreme
Court Reporter, Expressly for the
Constitution.
Alfred Shorter, plaintiff in error vs.
Jacob L- Cobb, defendant in error.
Action on a note given for a slave,
from Randolph.
BROWN, C. J.
1. The States lately composing the
Confederate Government, set aside the
Constitution of the United States, and
declared it no longer obligatory upon
them ; and adopted another Constitu
tion and government, to which they re
quired all their officers to swear alle
giance. They rejected the flag of the
United States, and adopted one of their
own in its stead. They sundered the
Union, which was in fact destroyed, so
far as it could be done bv force, and
so remained as long as they were able
by their armies in the field, to main
tain and defend the Constitution and
and government set up by them. The
destruction of the Union would have
been permanent, but for the success of
the armies of the United Slates ; which
broke the power of the government of
the Confederate Slates, and restored it
by force.
2. Had the seceding Slates been
successful, might would have compell
ed the recognition of the right of their
cause ; and those who were legally
declared rebels anu Iraiiors oil account,
of their failure, would on account of
their success, have been distinguished
as patriots and heroes.
3. When the armies of the Confed
erate government surrendered, and its
power was crushed, the people of the
seceding States became a conquered
people, subject to the fate of the con-
conquered ; and the government of
the United Stales, as it existed dur
ing the war, became the conqueror ;
with all the rights and powers of
the conqueror over the conquered.
And the seceding States a3 the
conquered, had no right without
the consent of the conqueror, to return
to and restore the Union, which they
had repudiated ; and claim the protec
tion of the flag, and the guarantees of
the Constitution, which they had sohsn-
ly renounced and thrown off. If the
conquered States at the end of the war
had refused to restore the Union on any
terms ; or to have any further connec
tion or association, with the seceding
Stales ; the latter would have had no
right to demand its restoration ; or to*
claim the further protection of the Con
stitution upon which the rejected
Union was based.
4. II was the prerogative ofThe con
quering power, to dictate the terms
upon which the conquered States should
be restored to their position in the
Union ; with the rights under *he Con
stitution which they enjoyed before
they renounced them by secession ;
and the conquered Slates had no ap
peal from the decision, and no alterna
tive but submission to the terms dic
tated.
5. At the close of the war the Presi
dent of the United States, in a solemn
proclamation, dated 17th June, 1865,
declared that the rebellion “has in its
revolutionary progress deprived the
people of the Slate of Georgia of all
civil government/’ And the Congress
of the United States by an act passed
2d March, 1867, declared that “no le
gal State governments” then existed in
the rebel States, of which Georgia was
one ; and that it was necessary that
peace and good order should be en
forced in said States, (by the military
power of the United States.) until loy
al and Republican State governments,
“can be legally established.” Said act
also declared any civil government
which may exist in said States, pro
visional only, “and in all respects sub
ject to the paramount authority of the
United States, at any time to abolish,
modify, contsol or suspend the same.”
6. Before any State government, to
be formed under said act of Congres,
is to be operative and valid, the re
quirement of the act is, that the new
Constitution “shall have been submit
ted to Congress for examination and
approval, and Congress shall have ap
proved the same.” If Congress failed
to approved it upon examination, it
was inoperative and of no effect till so
approved.
7. Congress disapproved the Con
stitution submitted by the Convention
of Georgia, called in obedience to the
requirmentof said act, and amended it
by striking out certain parts of it,which
the legislature of the State, which has
no authority to amend or make a Con
stitution, was required by Congress to
sanction. The present Constitution,
under which we now live, and under
which this Court is organized, is not,
therefore; the Constitution formed by
the people of Georgia, but the Consti
tution as amended and approved by
the Cougress of the United Satets, by
virtue of their authority, as the con
quering power, to dictate a form of
government to the conquered.
8. The ablest writers on Constitu
tional law admit, that the 10th section
of the 1st Article of the Constitution of
the United States, which declares that
no State shall pass any law impairing
the obligation of contracts, restrains
the action of the States only, and does
not limit the power of Congress to pass
laws impairing such obligations.
9. The rights of creditors in the con
quered States were no more sacred,
and no more entitled to protection at
the hands o( Congress, in the formation
of the new Slate governments under
said provision of the Constitution ot the
United Slates, than the rights of the
slaveholder (many of whom were Union
men to the last,) in his property, were
entitled to protection under the same
Constitution.
And if the State of Georgia had the
power under the dictation, and with
the sanction of Congress, to insert in
her Constiiution a provision destroying
the rights of the loyal slave-holder in
his slave, without compensation, she
had the same power, under the same
dictation and sanction, to destroy the
property which the creditor had in his
bonds, mortgages and promissory notes.
The one was no more legally sacred
than the olher, and had no higher con
stitutional guarantee for its protection.
10. In forming a Constitution as the
basis of the new State government,
which was inoperative till approved by
Congress, the Convention had power,
with the approval of Congress, to de
ny to the Courts of this State, created
by such Constitution, all jurisdiction to
enforce the collection of debts contract
ed prior to a particular dale, or debts
contracted during the war, or debts ot
a peculiar class ; which, in the opin
ion of Congress, should not be enforc
ed in the Courts established under its
supervision, as part of said new State
government.
11. The Constitution formed by the
Convention of this State, and submit
ted tor the examination and approval
of Congress, denied to all Courts un
der it jurisdiction to try or determine
any suit against any resident of this
State upon any contract or agreement
made or implied ; or upon any con
tract made in renewal of any debt ex
isting prior to the first day of June,
1SG5. To this general denial of juris
diction, as to all debts existing prior to
first/June, 1S65,there were seven class
es 3f exception. The seventh were in
these words :
7. “In all other cases in which the
General Assembly shall by law give to
said Courts jurisdiction : Proivded,
That no Court or officer shall have,nor
shall the General Assembly give juris
diction or authority to try or give judg
ment on, or enforce any debt, the con
sideratioa ot which was a slave or
slaves or the hire thereof.” Congress
upon examination struck out the whole
ot this section relating to the denial of
jurisdiction ; except the said proviso to
said seventh exception ; and retained
said proviso as part o( the Constiiution.
Thus the provision now under consid
eration, retains its position in the Con
stilution, with the marked and particu
lar sanction and approval of Congress.
12. If the State of Georgia, in the
formation of her New Government un
der the dictation and approval of the
Congress representing the Conquerer,
had the power to abolish slavery and
destroy all properly in slaves, without
any compensation whatever ; and in
so doing did not violate the rights guar
anteed by the Constitution to the slave
holder, which is now generally acqui-
esed in, and universally acted upon ;
said Stale also had power under the
same dictation and supervision, to de
stroy all property in debts contracted
for slaves or hire of slaves, emancipat
ed in the hands of purchasers ; and to
deny to the Courts created by the Con
stitution ot the new Slate government
jurisdiction to enforce any such con
tract. If the rights of the slaveholder
in the one case, or the obligation of the
contract for the price, or hire of slaves
in the olher, have been impaired, vio
lated, or destroyed ; it is not the act of
the State, because coerced, and not
voluntary. But it was the act of the
government of the United Slates, ex
ercising its power as a conqueror; in
forming governments in conquered
States whose power is not limited by
any such restraints as to obligations of
this character ; as are imposed by the
10th section of the first article of the
Constitution of the United States, upon
States, whose relations to the Union
have never been disturbed.
Judgment affirmed.
McCay, J. concured in the judgment
but defers giving his reason till he
writes out his opinion.
Warner, J., dissenting. 1 dissent
from the judgment of the Court in this
case for the reasons stated in White vs.
Hart & Davis.
A. Hood, E. N. Broyles, for plaintiff
in error.
Herbert Fielder, for defendant in er
ror.
William White Sr., plaintiff in error,
vs. John R. Hart, Principal and W.
D. Davis, Security, defendant in er
ror. Action on a note given for. a
slave, from Chattooga.
BROWN, C. J,
The judgment in the case of Alfred
Shorter, vs. Jacob L. Cobb, is appli
cable in this case. From the reasons
therein given,the judgment of the Court
below is affirmed.
Judgment affirmed.
McCay concurred in the judgment,
but defers giving his reasons till he
writes out his opinion.
Warner, J. dissenting.
At the time the contract was made be
tween the contracting parties in thiscase
(to wit) on the 9th day of February,
1859, slaves where held, and recogniz
ed by the laws of this State as proper
ty, and constituted a legal and valid
consideration for that contract, and the
existing laws of the State at that time,
imposed a legal obligation upon the
maker of the note to perform that con
tract in accordance with its terms and
stipulations. The 10th section of the
first article of the Constitution of the
United States declares, “No Stale shall
pass any law impairing the obligation
of contracts.” The seventh paragraph
of the seventeenth section of the fifth
article of the Constitution of this Stale
declares, That no Court or officer,
shall have, nor shall the General As
sembly give jurisdiction, or authority,
to try, or givejudgmenl on, or enforce
any debt, the consideration of which,
was a slave or slaves, or the hire there
of.” The Constitution of this State is
the fundamental law thereof still, it is
a law of the State, and when it de
stroys, or impairs the obligations of
past contracts, valid by ihe existing
laws of the land prior to its adoption, it
is as clearly within the prohibition of
the Constitution of the United Slates as
any other law of the State. If no State
can pass any law impairing the obliga
tion of contracts, no Slate can pass any
law destroying the obligation of con
tracts. This clause of the Constitution
of this Stale, not only impairs but de
stroys the obligation of the contract, as
the same existed under the laws of the
State at the lime the contract was
made, by denying all remedy to one
of the contracting parlies for the en
forcement of that obligation under the
laws which existed, and created that
obligation at the lime the contract was
made, and to that extent, is a palpable
violation of the Constitution of the
United Stales and is therefore null and
void. The loss of slave property by
emancipation,should tall upon him who
was the owner of that property, at the
time ot the emancipation thereof—un
less it shall be held, and decided, that
slaves were not property under the
laws of this State at the time the con
tract- was made, and constituted no
valuable consideration therefor in law,
to support it. This portion of the Con
stitution being void, it does not defeat,
or take away the jurisdiction of the Su
perior Courts “in all other civil cases”
as expressly conferred by the third
section of the fifth article of the Con
stitution of JS68.
W. Akin, E. N. Broyles, A. R.
Wright, F. A. Kirby, fir plaintiff’ in.
error.
T. W. Alexander, Harvey & Scott,
for defendants in error.
excepted character whenever contract
ed.
Each of the exceptions is *lo be
read in connection with the words
“judgment, execution or decree,” and
with such other words as are necessa
ry to complete the sense, so that be
fore such of said exceptions is to be
understood, the words “judgment, ex
ecution or decree,” founded on a debt
eonfracted for the purchase money,
etc.
B. F. Hardeman, plaintiff in error, vs.
Jno Dawner, defendant in error.—
Homestead, from Oglethorpe.
McCAY, J.
1. Homestead and exemption laws
when made in good faith, to secure to
the family of insolvent debtors a rea
sonable means of subsistence, from the
debtors property, do not even, though
retroactive, fall within the prohibition
ofatlicle 10, section 1st, of the Consti
tution of the United States, declaring*
that no Stale shall pass any law im
pairing the obligation of a contract.
2. The Constitution of the United
States does not prohibit a State from
divesting a vested right, except when
that right is vested by virtue of, and
under a contract of the parties.
3. A creditor tinder an ordinary con
tract requires no vested right in the
property of his debtor, and it is with
in the power of a Stale to declare
which of the claimants against an in
solvent debtor, a stranger or his wife
and family, who by law, have a legal
right to a support from him, shall have
preference.
4. The condition of this State in the
formation and adoption of the Constitu
tion of 1S68, was anomalous, and it
was competent for the Convention and
the people with the express consent of
the United States to adopt as a part of
the Constitution, the article therein
providing for a homestead, or any oth
er provision designed to adjust the
evils and inequalities produced by the
ravages of the war, and the emancipa
tion of the slaves ; such provisions
stand upon the footingof a compact be
tween the Slates and the United Stales,
al the close of the war, in adjustment
of the inequalities produced between
individuals by the settlement imposed
upon the people by the United States.
The Constitution ot 1868, was made
for a people without civil government,
and no Court established by that Con
stitution, can take upon itself a juris
diction therein denied to it, by assum
ing a jurisdiction belonging to some
Court of the civil government destroy
ed by the revolution. If the new Con
stitution fails to carry ov r er to the new
organization such jurisdiction as is nec
essary to enforce a legal contract, it is
a failure, not in the power of the judi
ciary to remedy,
The evil, if it be one, is political,and
rests with that power wherein is de
posited the sovereignty of the State.
The homestead provision of the Con
stitution of 1S6S, is retroactive, and ap
plies to judgments, executions, and de
crees, founded on debts contracted be
fore its adoption, even though reduced
to judgment before that lime, and is
without exception, save as therein pro
vided.
The exceptions in said provision are
also retroactive, and cover debts of the
Brown, C. J., concurred as follows :
1. The same propositions which are
announced in ihe case of Shorter vs.
Cobb, as to the denial of jurisdiction to
the Courts of this State, to enforce
debts for slaves or the hire thereof, are
equally true and applicable to that part
of the new State Constitution which
secures to each family a homestead,
and declares that no Court or ministe
rial officer shall ever have jurisdiction
or authority to enforce any judgment,
decree or execution against the prop
erty so set apart, except for taxes, etc.,
as thejein excepted. 'This denial of
jurisdiction applies as well to judg
ments. decrees and executions rendered
prior, as subsequent, to the adoption of
said Constitution.
2. Amidst ihe general wreck of for
tunes and destruction of rights, caused
by the war, the State, by her Conven
tion, called, as required by Congress,
to form a new Stale government, had
the right to propose this measure to the
conquering government, which had the
power to approve and sanction it, as a
means of equalizing losses to some ex
tent, and of retaining and inviting pop
ulation, by securing to each family a
home, free from old liens, which were
expected by both debtor and creditor,
to have been satisfied by property
which was swept away by the deluge
of destruction which reduced an opu-
lenl and proud people to poverty and
drove them to the verge of despair.
3. In this stale of things, the home
stead measure was a necessity, and its
adoption was dictated by sound public
policy, to save a large class of intelli
gent, patriotic citizens and their fami
lies from despondency, by placing it in
their power again to become useful
members of society, and by honest toil
and the exercise of frugally and econ-
mv to maintain a competency, if not to
acquire, even in a greater degree, ihe
com torts of life.
4. Sound public policy required the
adoption of this measure as part of the
terms upon which the Slate was to be
readmitted to her rights in the Union,
to prevent monopolies, and the reduc
tion of a large majority of her popula
tion to a condition of tenantcy and vas
salage. While rights and property of
every other description had been lost
or destroyed by the war, to have held,
that judgments, mortgages etc., in the
hands of note shavers and money' lend
ers, were the only property' that had
been insured by the government, and
that was loo sacred to be touched, and
to have made no arrangement, with
the assent of Congress in readjusting
the status of the State, to prevent the
sale by the Sheriff of the vast extent of
territory in the State covered by these
old liens, al a time when there was
very little money in the State with
which to pay debts or to purchase
property,‘would have resulted in the
sacrifice of the lands of the State under
the Sheriff’s hammer, and their pur
chase by a few wealthy persons and'
companies, which would have built up
a lauded aristocracy more lordly and
controlling and much more exacting
and oppressive than ever existed under
the old slavery system. The Conven
tion had a right to propose a remedy
and Congress had a right to interpose
and sanction a Constitution which pre
vented this great public wrong. In the
plenitude of its power over the con
quered State, Congress did so ; and it
acted justly and wisely in so doing.
5. That part of the Constitution of
this State, which denies to the Court
jurisdiction to enforce any judgment,
execution, etc., against the homestead,
does not violate the temh section of the
first article of the Constitution of the
United Stales, as the said State Con
stitution was fq^rned under the dicta
tion and control of Congress,'as the
representative of the conquering gov
ernment, and is the act of Congress,
because it derives its validity from the
sanction of Congress and not from the
Iree choice or consent of the State;—
and it matters not whether the part of
the State Constitution now under con
sideration was dictated by Congress or
proposed by the Convention and ac
cepted and approved by Congress, the
legal effect is the same, as the whole
instrument was invalid anil of no
force till it was approved by Congress,
whose power is not limited by said sec
tion of the Constitution of the United
States.
6. It is not the business of the Courts
to inquire whether the homestead is
larger than was actually necessary.—
That was a question lor the considera
tion of the Convention which proposed
the measure, and for the decision ot
the Congress which approved and rati
fied it.
7. The word incumbrances in the
1st section of the 7th article of the
Constitution of this State is not to be
construed in its broad legal sense, and
to embrace all judgments, decrees,
mortgages and executions. To say
that no Court or ministerial officer in
this State shall ever have jurisdiction
or athority to enforce any judgment,de
cree or execution against said proper
ty so set apart as a homestead ; except
that they may enforce all “incumbran
ces thereon, which means any and all
judgments, decrees and executions
which tnav at any time exist against
the same, is to say that the Convention
and the Congress were guilty of the
absurdity of denying jurisdiction in all
such cases by the body of the act, and
restoring it by the proviso or exception;
which is contrary to all true rules of
construction.
8. We are to construe this part of
the Constitution in connection with the
whole instrument, when we are at
tempting to ascertain what the law
givers meant. Taking the whole to
gether as porposed by the Convention,
all jurisdiction was denied to the Courts
to enforce any judgment, execution or
decree rendered upon any contract
made prior to the 1st June, 1865, ex
cept in certain excepted cases. Now,
it seems quite clear after this denial of
jurisdiction, that they did not intend
by the use of the word incumbrances,
in the section now under consideration,
to restore the jurisdiction in all cases
where it might authorize the sale ot'
the homestead ; the protection of which
was one of the special objects ot their
labor and care.
Warner, J. dissenting.
The Age of Mankind.—specula
ting on the average age ot mankind,
and animals in general, some express
surprise that the organism should wear
out at all, seeing that the materials of
of it are so constantly replenished ; oth
ers, on the contrary, have wondered
that the mechanism should last so long
as it ordinarily does. In reference to
the former, it has been said that everv
part of a living animal’s body under
goes renewal once in about three
months; but this is not strictly cor
net. Every soft pari of the body may
indeed, probably does, come under
that process of regeneration in .the
lime spectfied ; gelatin, or the soil
portion of the bone’s inclusive. The
composition of our bodies alters with
age, notwithstanding. During life,
something goes on comparable to the
furring a tea-ketlle, or the fouling of a
steamboiler ; hard, earthy concretions
of deposit in the heart, impeding its
movements; in the arteries, impairing
the elasticity needful to their vital,
functions. Vainly are the soft portions
of our bodies renovated whilst those
earthy deposilions continue to be form
ed. The longer we live, the more
brittle do we grow. Young children
can fall about, rarely breaking their
bones ; whereas, old people often frac
ture thdr limbs by the mere exertion
of turning in bed. Bearing in mind
the fact, that as we grow older we be
come more brittle, this is explained ;
and being explained, shall not our
wonder rest with those who rnarveL
that life’s fire burns so long . r ’ Cousider
what the animal machine has to do to
keep itself alive and going; the heart
above all. Taking au average on dif
ferent ages, the human heart tnay be
considered to beatxme hundred tbou-
times in the twenty-tour hours. A hu
man adult may be considered to hold
from fifty to sixty pounds of blood ;
and this has to be kept in continuous
motion by the pulsating heart to the
very end of life. The mechanical la
bor is enormous. W ere a mechanician
to devise a machine of ordinary materi
als, for overcoming the weight of fifty
or sixty pounds, as happens to the
blood, repairs would be incessant, and
the machine would soon wear out.
A Curious Melon.—The wonders
pertaining to organized structures are
not confined to animals, but there are
many plants whose form, instincts,
and capabilities are most curious and
interesting. In a tract of country in
the southwestern part of Africa, dis
tinguished for its rich soil, a gigantic
pereunial melon has been discovered,
which is almost delicious, wholesome
fruit, and which is largely consumed
by the active inhabitants as food. In
order that this melon may’ flourish it is
necessary that it should strike its roots
down throlgh the sand thirty feet to
reach permanent moisture. This it.
does, and grows in great luxuriance
where all else is shriveled and parched
by heal. But this is not all. If it
were simply a huge melon, with smooth
and delicate skin, every one would be
destroyed by wild beasts before it bad
matured. To prevent this, nature has
armed its outer rind wiih a covering
of long sharp, terrible thorns, which so
lacerate the mouths and noses of ani
mals that they are glad to leave them
alone in all their tempting freshness.
Man, with his hands and sharp knives,
finds little difficulty in opening the lu
scious fruit. The natives have no ne
cessity for putting fences about tbeir
melon patches, for the plants are self
protective.
A boy who beard tbe quotation, “A lit
tle learning is a dangerous thing,” wished
to stop going to sebool because he was a-
fraid he should not live long enough to
get past the dangerous point.
“Papa, what is humbug?” “It is,” re
plied papa, “when mamma pretends to be
very fond of me, and puts no buttons on
my shirt till reminded of it a dozen times.”
^ They are building an air ship in New
York, on the model of tbe California in
vention. Its owners announce that they
will complete it withiu two months, and
they expect it will take them to Europe
in fifteen hours.