Newspaper Page Text
rp|_| j^t The LeKielatore and the Supreme
BY CLISBY” & REID.
TXLXQIAVH SCILDIXO. OOBXXB CHERRY k 8ZC0XD STS.
FRIDAY HORNING, JUNE 25. I860.
Outside Contents.
First Page.—Decision of the Chief Justice
on Mixing Colots—A Voice from Africa.
Fourth Page.—The Steel Capped Kail—The
Peace Jubilee—Miscellaneous Items.
Another (irand Railway Consolida-
. lion.
We are informed that a negotiation is now
pending between the Central and Southwestern
Railways to consolidate these two gigantic in
terests under the exclusive control and direc
tion of the Central Road. It is whispered that
the Central Road offers to take a long lease of
the Southwestern and guarantee the Stock
holders eight per cent, per annum on the capi
tal stock of the road.
This is a very safo bid, inasmuch as eight
per cent, is the nsnal dividend of the Road, with
an improving business, and one which is prob
ably bound to increase much faster in the future
than it does now. Wo look upon the road
tributary to the tracks of the Southwestern, as
bound to be the Cotton Egypt of America. It
is probably the country of all the world which
combines the best cotton producing conditions
of soil and climate, with the best proportionate
conditions of health. It is pre-eminently
adapted to heavy free labor cotton crops, and
to show that we are not alone in our judgment,
we think we could safely bind ourselves to pro-
dnee, within a reasonable time, a much higher
hid far ' a leateof the Southwestern Railroad,
from parties at responsible at any in the world.
We are not talking idly in this busipess.
.The proprietors, of the Southwestern Rail
road should, therefore, it seems to us, consider
whether they are making their best arrangement
under this bargain—whether they cannot do
better as to price, and whether it would not be
far more to their interests to retain control of
this magnificent property, as an independent
road, responsive to the interests of the people
tributary to it, ahd open in their own advant
age to the natural developments of the country,
rather than to morge itinto an immense combina
tion, which will wield its power solely for
through freight, and without much regard to
the equities of the situation.
It behooves the people »f Macon to put on
their thinking cape. Such an arrangement puts
the cotton trade of tho town substantially in the
hands of this combination, and there are those
who say, so far as our warehousing, storage and
sales of cotton are concerned, the place will be
a way station hardly more important than Gris-
woldville. With the imperfect" lights before ns
we do not now proposo more than simply to call
the attention of all parties interested to the
negotiations alleged to be on foot.
Hold Yonr Temper.
The Savannah News, quoting from the Tnr
graph the prediction of a Washington writer,
that if the Legislature refuses to reseat the ne
groes, Congress will do it, with the application
of very unwelcome tests to the white members,
says:
We hopo no such counsels or threats will in
fluence tho Legislature to stultify and disgrace
itself. It is cither a Legislative body, with all
the rights, powers, and dignity of such a body,
or it is a mockery. If it has no authority under
the Constitution adopted by tho Convention,
ratified by tho people, and approved by Con
gress, to legislate and make laws that shall be
respected and obeyed, bnt is to conform its ac
tion to tho caprieo of the Radical Jtints in
Washington, then let it adjourn, and let lawless
usurpation and military despotism take their
conrso. Wo may be powerless to resist further
insult and outrage, but wo can refuse to be tho
passive instruments of otfr own abasement
Tho News has no greater repugnance to ne
gro officials than wo, bnt we are bound, in coun
selling the people, to discard temper and adopt
the plain suggestions of common sense.
Unfortunately, in this ease, the Legislature
will bo called upon to conform its action, not as
tho News says “to tho caprice of tho Radical Jnnta
in Washington,” bnt to the solemn affirmation
of what is constitutional law in Georgia, by the
Supreme Court of the State. That makes a very
great difference in tho moral and legal attitude
of the course suggested by the News.
Does tho News really mean to counsel the Leg
islature to a permanent disregard of this deci
sion? This seems to be tho drift of his indig
nation—bnt if not, how will this Legislature
-“stultify and disgraco" itself by conforming to
Tho Supremo law moro than the next one ? Cer
tainly none at alL The Legislature is bound by
its oath to preserve, protect and defend the Con
stitution, and not to violate it. It has ejected
the colored members under a constitutional in
terpretation which has been overruled by the
Supremo Court, whoso decisions (however er
roneous they may be), are conclusive of the law.
A compliance with this decision on tho part of
the Legislature, will, therefore, not only be not
disgraceful and self-stultifying, but will com
mend it the moro to popular respect and confi
dence as a law abiding body.
So long as no Supreme judicial- decision
controlled the Legislature that body had a per
fect right to tho exercise of a private judgment
in the premises. Rut when judgment has been
constitutionally declared, it is no self-stultifica
tion—no disgrace—to conform to the derision.
Again, the Nows does not tell ns what is to be
gained by a contumacious and violent coarse
in tho premises. And tehat ean he gained?
What profit in postponement or contumacy?
He says “let lawless usurpation and military
despotism take their Course.” That they can
do, any how, as well without our permission as
with it. We cannot help ourselves. Bnt it
not the part of prudent and wise men to throw
up our ^stakes in a pet We have too much at
hazard. Georgia is our home—we have got no
other—we can go no where else—our wives, our
children, our property are all here and wo want
to make Georgia just as comfortable and pros
perous as the case will admit
It wo were going to smash thing3 up generally
because they aro wrong-end-foremost ahd topsy
turvy, we should have begun tho work loBg ago.
All we can do now is to save the pieces and make
the best of a bad case. It is no time now to
take the studs on these ill-timed and falsely
raised punctilioes—bnt it is a time for sober
and careful deliberation and the exercise of all
the judgment and discretion we possess. This
is the view we take of matters, and earnestly
commend the same course to the politicians and
the people.
‘ A Fine Cotton-field.
We have a stalk of Cotton from the plantation
of Mr. G. B. Keene, near Oglethorpe in Macon
county, which is thirty inches high, three-quar
ters of an inch in diameter at the butt, and fifty-
eight blooms and squares upon it. The stalk is
from a field of fifty acres, and we are assured is
a fair average of the whole. Indeed, the gentle
man who brought it says he counted eighty-three
blooms and squares upon another stalk.
A RADY, who has just returned from passing
the winter in Florida, states that a planter made
his appearance in town from the depths of the
everglades, bringing with him two negroes for
sale ! He was actually ignorant that there hod
been a war 1 Imagine his feelings at the sud
den depreciation of his movable property.
News.
Comhodobe Nutt and Miss Minnie Warren
were married at-West Haven, Conn., on Thurs
day.
Conb
Qnr friend of that highly intelligent paper, the
Columbus Enquirer, lets ns know that he is not
one ot the papers who consider the Legislature
“a court’’ audits decisions upon the qualifica
tions of members “judicial proceedings.” Well,
we are glad to count him out of that tank for it
don't hold water at alL
But tho Enquirer puls its argument for tho
independence of the Legislature over the ruling
of tho Supreme Court on another ground, to
wit:
We claim the Legislative right in this matter
as one of the express grants of the Constitution
—a grant made for the purpose of enabling it to
protect its body from the intrusion of incompe
tent or improper persons. It is no morean in
fringement on the jndidal powers of the su
preme Court, than it is an infringement on tne
'elective powers of the people. It may be re
garded aa a restriction upon both, but it is a
institutional restriction; and any attempt of
the court or of the people to deprive the Legis-
latnSof itmake-st£e courier tho PC°Pj®? na £-
gressor upon the constitutional attributes of
the Legislature. That is the broad view which
we take of it
The Courts of this State have the right to
judge of the qualifications of persons wishing to
practice Jaw at their Bars—have tho right to
say who «h«l1 and who shall not be admitted.
Is this any infringements on the rights of the
citizens of Georgia? Is it not rather the exer
cise of a power delegated to enable the Courts
to protect themselves from the intrusion of im
proper or incompetent persons? And if the
Coarts reject an applicant, has the Legislature
any right to foist him in against their decision ?
We maintain that the action of the Courts and
the Legislature in this matter is separate and
conclusive, and that neither trenches on the
rights or the jurisdiction of the other, in exer-
cisingits exclusive powers,however capriciously.
Suppoao the decision of the Supreme Court
goes to the length of establishing the qualifica
tions of Abram Smith, illiterate colored man of
this county, to a seat in the Legislature: Will
the Telegraph be good enough to tell ns how
tho Supreme Court can enforce this decision ?
What process will it use? what constabulary
force will it put into requisition? Courts have
machinery enabling them to carry into effect
their judgments on matters legally committed
to their jurisdiction. This they can do by pro
cess established and by subordinate tribunal^
and officials. And where no such process or
tribunals or subordinates can perform a particu
lar act, the strong presumption is that that act
is not within their jurisdiction. In this case we
know that it is within the eonetitutional juris
diction of each house of the Legislature, and
that each house has officers and a modus oper-
andi just suited to the case.
The Court has decided that negroes have tho
right to hold office in Georgia. But this decision
is of course restricted by any provisions of the
Constitution modifying it, or inconsistent with
it If the Constitution entrusts to some other
tribunal the decision of the question whether
negroes are eligible to any particular office or
position, the judgment of the Court cannot
make them eligible to that position. It cannot
give them seats on the Bench or seats in the
Legislature. Farther action by the Courts or
by the Legislature is needed to do that. Tho
Supreme Court did not have before it the ques
tion whether any negro applicant was entitled
to a seat in tho Legislature, and therefore (con
sidering its judgment in connection with the
constitutional powers of each house above re
ferred to) it did not decide any such question.
Docs tho Telxgbaph really believe that if our
colored claimant (Mr. Smith aforesaid) should
apply to the Supreme Court to give him his seat
in the Legislature, that Court would grant his
prayer, or make any decision in the ease ? Our
strong conviction is that even Brown and McCay
would remand him to the Legislature as the body
having exclusive jurisdiction in the matter.
The views of tho Enquirer are, indeed, very
mhroad"—so broad that thoy cannot possibly he
sound. Can he be eerioue in laying down tho
premise that the action of the Legislature in de
ciding upon the qualifications of members is
exclusive and conclusive, however capriciously
exorcised ? If so, then all those provisions of
the Constitution granting the right of suffrage
and representation to the people are annulled
by the other grant of power to the Legislature
to determine tho qualification of members!
Can this be true ? It it possible that the power
reposed in the Legislature, to determine wheth
er A or B is duly elected, according to law, can
be Constitutionally exercised to exclude whole
peoples or districts from representation, or im
pose upon them representatives they hove not
elected, and there is no remedy, “however ca
priciously” tho Legislature may choose to work
their will in the premises? Then any, and all
acts of the Federal Congress to exclude Demo
cratic members are Constitutional.
The bare statement of the position is its own
best confutation. Against it we assert that tho
Constitution of the State is supreme; and that
it cannot invest any of its creatures with power
to trample upon the rights of the people, recog
nized and defined in that instrument, or inter
preted and explained by its lawful exponent.
The Constitntion is tho handiwork of the People,
explaining and declaring their fundamental
rights. The three departments of government
are-the creatures ot the Constitution, called into
existence by it and by the people, toldy to de
fend these rights. To assume, therefore, that
the Constitution empowers these, its creatures,
innocuous to strike a deadly blow at such a fun
damental popular right as that of representa
tion, is indeed an impossible assumption. Tho
right, therefore, to judge of the qualifications
of members, most be a right to be exercised
within the clear provisions of the Constitntion,
and their Constitutional interpretation by tho
Supreme Court.
What has the usage of the Courts in judging
the qualification of persons admitted to practice
before them to do with this matter ? Tho prac
tice of the law is a privilege—the right of repre
sentation is a constitutional right. If the Con
stitntion declared that every male citizen of
twenty-one and upwards should be authorized to
practice law. and the courts should be the judge
of the qualifications, does our friend intend to
say that under this privilege of determining tho
qualifications, the courts could decide that none
bnt those citizens of certain districts or counties
or families, or r&oes could practice law before
them ? Clearly his common sense would revolt
at such a constriction. He would say to the
courts: “ Under this grant yon have the right
to determine whether the applicant is twenty-
one years old and whether he is a citizen of
Georgia. Hero yonr power and discretionstop.”
So it is with members of the Legislature under
a similar grant. It is their doty 7 to ascertain
that the certificate of membership is genuine.
That the election was legal and the Representa
tive a lawful claimant of the office. Here tlipi,-
discretion stops. To arm them with universal
and all-comprehensive power, in the premises,
is to destroy the Constitntion and defraud the
people.
Who makes the Legislature ? The Constitu
tion and the action of the people under it!
These comprehend every warrant of power that
any legislator possesses, and are we to be told
that one-half of a legislature can, of their own
caprice, exclude the remainder, possessing equal
warrant from the Constitution and the people ?
Now, as to remedies—we can perhaps imag
ine remedies, but it is not our business to point
them out. There are no strictly judicial reme
dies against some errors and malfeasance in
other departments. All we can say is, that no
man win successfully dispute these postulates:
The Constitution is the supreme law—the Judi
ciary the supreme interpreter—the people are
the original repositories of right and power—
the defences they have set up in the Constitu
tion must be respected, and no creature of the
constitution can possibly possess the lawful
right to impair or destroy them. All are sworn
to preserve and protect them, and that oath is
conclusive against all special pleadings or pre
texts by which an invasion of the fundamental
| rights of the people may be justified.
From Putnam Comity.
The Eatonton Press and Messenger of Tues
day, announces the formation of a Joint Stock
Fair Company, to take exclusive management
and control of the Annual Agricultural Fair of
Putnam county. The shares of stock are valued
at five dollars and individual subscriptions may
not exceed forty shares. We know of no coun
ty in Georgia which seems to exhibit so active
a public spirit as Putnam.
Thirty-five Bushels op Wheat to the Acre.
Tho same paper learns that a gentleman in Put
nam county, after having his wheat thrashed
and measured up, found that it had yielded thir
ty-five bushels to the acre. We wish the Press
and Messenger had given ns tho particulars—
how many acres, and how treated—for this is
certainly a remarkable wheat crop.
We add the following from the Press and Mes
senger:
Oats.—Captain W. T. Reid has laid on our
table a bunch of oats—forty stalks, all from one
seed. These stalks measured from three and a
holMo five feet, with heads ten to fourteen
inches 1 long, and well filled. They grew on the
premises of Mr. B. J. Wynn, a few miles from
town, and are an evidence that oats as well as
wheat, corn and cotton, will produce well in Mid
dle Georgia.
Cottox.—Some of our planting friends seem
to think this crop is ten or fifteen days behind
last year, while others, with whom we agree,
contend that it is fully up, and presents a much
better appearance than then. Since the late
rains it has improved greatly, and is now grow
ing aa rapidly as could be desired. The lands
being free from grass and in good condition, at
this time, our farmers anticipate bnt little dan
ger of falling behind with their wofk.
The first “bloom of the season,” last year,
was laid on our table, June 20th, by Colonel B.
B. Nisbet; this year, we have seen no bloom,
as yet, bnt are informed by Mr. S. B. Marshall
that ho has cotton blooms in his fields, thus
showing that it in as far advanced as last year.
Laborers.—The farm laborers in thin country
are working remarkably well, and attend to their
own business closely, thereby giving farmers
bnt little trouble. Reliable gentlemen inform
ns that by giving them proper attention and di
rection, they ore enable to get’ as much work
out of the freedmen as they everconld, daring the
time of slavery, and much more than they have
been able to get ont of them, any previous year
since freedom.
Warm.—The weather for the last few days,
has been the wannest of the season. It may be
good for farmers and their growing crop; but
it is “heavy” on the poor devils of the town and
villages, who have an opportunity of giving
their lazy propensities foil play. They suffer,
sure !
Ax Eoo Withix ax Ego.—Wo have in our po-
session a curiosity. It is nothing more nor less
than a hen’s egg with a small one—a perfect
egg, too—shell and all, complete—enclosed with
in it.
Gunpowder Hammer.
A new invention, known os tho gunpowder
hammer, has been tested in Philadelphia. Last
week tho first public exhibition of Thos. Shaw’s
gunpowder hammer, as applied to pile-driving,
took place at Lynn's ship-yard, Reed street
wharf. Mr. Shaw acted os engineer, and a
committee consisting of W. W. Wood, Esq.,
chief engineer of the United States Navy, T. J.
Lovegrove, Esq., inspector of boilers, and H.
L. Hoff, Esq., of the Eagle Iron Works, kept
tho record. They report the following result:
Tho cartridge used contained one-third of an
ounce of gunpowder, the hammer weighed C75
pounds, and tho cylinder or gun 1,500 pounds.
This was loaded and fired fifty-five times in one
minute and a quarter. The Bulletin says:
“Tho driving power is eight times as great as
that of the steam hammer, and the speed ten
times. The rapidity of the movement allows
the pile no rest, thereby overcoming the lateral
pressure. The motive power is always ready,
and there is no waste of power as with steam.
The pile requires no ringing, and the force
being applied in the form of a squeeze, the pile
is driven home without the slightest injury or
indication of the means employed. The exhi
bition was a complete success, exceeding the
expectations of the inventor and his friends.”
A royal marriage is announced to take place
at Stockholm or Copenhagen on the 27th of
July, which will be of unusual interest, because
it may lead to a union of tho kingdoms of Swe
den and Denmark. Prince Frederick, the heir
apparent to the crown of Denmark, is to marry
the Princess Louisa, the only child of the King
of Sweden, and heiress presumptive to his
crown. Tho Prince is twenty-six years of age
and the Princess nearly eighteen. Upon the
death of the reigning monarchs of the two
kingdoms, the crowns will probably be united.
But as the King of Denmark is only fifty-one,
and the King of Sweden only forty-three, it
may bo a good many years before this consum
mation can be reached.
A Novel Expedient-
Property holders in Washington are becom
ing disgusted with their negro government. A
correspondent says:
“ There is a report current which if it has any
solid foundation in fact, will increase the amount
oi property advertised for sale considerably the
next year or two. The report also involves to
some extent questions of politics and economy
in our city affairs. It seems, so the report
goes, that a largo number of our wealthiest
property holders are much dissatisfied with the
present management of city affairs, and say
that the money realized from taxes and other
sources is being squandered by the corporation
authorities. They therefore propose to refuse
to pay any taxes next year, and allow their prop
erty to be advertised for sale for the non-pay
ment of the taxes. They will then have a year
or two under the law in which to redeem their
property, and by that time they hope the man
agement of city affairs will be in other and bet
tor hands. The remedy for this, is deemed an
original and singular one to adopt, bnt it is nev
ertheless very seriously suggested by a great
many of the hugest property holders. What
they desire is that other hands shall expend the
monies of the corporation, and believe they
can accomplish their end by the coarse pro
posed."
From Rome.
The Courier of Tarsdsy has the following:
Crop Prospects.—So far as fine seasonable
rains are concerned, perhaps no year has ex
celled the present one, for the growing crops.—
The yield of wheat in this section is a little
above an average crop of most excellent quali
ty; the corn has rarely promised better, and the
cotton, though in many places the stand is poor
—has come ont wonderfully in the past ten days
and now promises nearly an average crop.
First Sale op New Wheat.—Mr. J. J. Cohen
bought the fiist crop—about 150 bushels—of
new wheat in this market, last Tuesday, at
SI C7). The wheat was raised on the farm of
CoL W. S. Cothran, near this city.
From Griffin.
The Middle Georgian of yesterday says
Raix.—Out city and surrounding country was
visited with a heavy rain and wind storm on
yesterday evening. * The wind was verjuheavy
about ten miles below here, and laid oats level
with the ground.
Best Wheat Yet.—Mr. T. J. ThreBceld,of our
city, has just thrashed out a brag lot of wheat,
and the result is 58 bushels to the acre. As 46
is the highest we have heard of elsewhere, we
claim 12 better.
Crops in Pike.
The Bamesville Gazette, of Thursday, says:
The prospects for a good crop were never
more probable than at present—we have had
rain in proper season, and com and cotton are
looking better than usual at this time of the
year, owing to the almost universal use of fer
tilizers. Those who haven’t used guano this
year have determined not to be so silly again.
Wheat is turning ont very well, and oats aro
very promising.
The “Peace Jubilee, it is said, was originally
proposed by Mr. Gilmore, to be held in New
York, but that city gave him the cold shoulder.
Gex. Butler is said to have an eye on a seat
in the United States Senate, but, owing to his
obliqne vision, no one ean tell whether it is
Sumner’s or Willson’s.
A bold woman in New York says that ‘Te-
male Suffering” is a more important subject ”
discussion than .“Female Suffrage.”
Decisions of the Supreme Court of
Georgia.
delivered at Atlanta, Tuesday, juke 22d.
From the AUantaFonstitutiem.l
Wm. E. Smith, Plaintiff in error, vs. Geo. M.
Lawton, defendant in error. Garnishment,
from Dougherty.
Warner, J.—Where an attachment had been
sued ont in favor of the plaintiff, against a de
fendant, who was afterwards declared a bank
rupt, and a motion was made to^make the
assignee of said bankrupt a party plaintiff in the
attachment suit, in the place and stead of the
original plaintiff in attachment, which motion
was refused by the Court: Reid, that there was
no error in the judgment of the Court below in
refusing to allow tho assignee of the bankrupt
to be made a party plaintiff in the attachment
suit.
Judgment affirmed.
Strozier & Smith and D. A.' Voson for plaintiff
in error.
Wright & Warren, Hines & Hobbs for de
fendant in error.
Frank P. Smith, plaintiff in error, vs. Ham
lin J. Cook, defendant in error. Contempt—
from Baker.
Warner, J.—Where a defendant had been,
enjoined from removing and disposing of cer
tain cotton, which had been placed in the hands
of a receiver, appointed by the court, and after
ward, the defendant was declared a bankrupt,
and it appeared from the evidence that the de
fendant told the agent of the receiver who had
the cotton in possession, that the plaintiff’s in
junction had been settled or disposed of, and
that he had turned over four bales of said cot
ton to his counsel in bankruptcy; when, in fact,
the injunction had not been settled or disposed
of, bnt the Complainant in the injunction bill
was still claiming the cotton under a mortgage
lien; and when the defendant’s counsel in bank
ruptcy, with the assent of tho defendant, took
possession of said four bales of cotton for his
fees to take the defendant through the bankrupt
court, and had sold the same : Hdd, that this
court will not control the discretion of tho court
below upon tho state of facts disclosed by the
record, in holding that the defendant had vio
lated the injunction, and was in contempt of the
order and process of the court.
Judgment affirmed.
Voson & Davis for plaintiff in error.
Strozier & Smith for defendant in error.
Mason Tiller, plaintiff in error, vs. D. Sprad-
ley, agent for Green J. Jordan. Motion for
new trial, from Leo.
Warner, J.—Where a note was given to the
plaintiff for two hundred and twenty-five dol
lars, for cotton seed for Green J. Jordan's plan
tation, and signed J. Spradloy, Agent for Green
J. Jordan: Held, that this was a contract of
Jordan, the principal, and not the contract of
Spradley, the Agent, the more especially as the
evidence in the record discloses tho fact, that
the agency was made known to the payee of the
note at the time it was given, and that the cot
ton seed was purchased for Jordan, and not for
Spradley the Agent The suit should have been
brought against Jordan, and not against Sprad
ley, toe Agent; and toe fact that Jordan filed a
plea in the case as a defendant, alleging that too
cotton seed was worthless, did not necessarily
make him a party to toe original suit against
Spradley, and there was no error in tho court
below in refusing the order to make him a par
ty, inasmuch os Jordan was not named as a de
fendant in too original suit, and not being
named a defendant in the original suit, the fil
ing of his plea did not make him a defendant
where no process was prayed against him as
such. The verdict in favor of toe defendant
Spradley was right under the law and the facts
of too case, and there was no error in tho coart
below in refusing toe motion for a new trial.
Judgment affirmed.
C. B. Wooten, W. A. Hawkins, D. A. Vason
for plaintiff in error.
Georgo Kimbrough, F. A. West, by G. J.
Wright, for defendant in error.
Isaao E. Bower, administrator, etc., vs. Ham
lin J. Cook. Motion to dismiss bill of excep
tions from Dougherty county.
McCay, J.—1. An order of toe Judge of the
Superior Conrt directing process to issne for tho
seizure and sale of toe property claimed to be
subject to a lien, under what is called the
“Steamboat law,” is notsnch a judgment or de
cision of too Judge, as may be excepted to, and
brought by bill of exceptions to this Conrt.
Case dismissed
Hines and Hobbs, and B. B. Bower for plain
tiff in error.
D. A. Vason, R. Lyon, for defendant in
error.
Jake Collier vs. Tho State. Assault with in
tent to murder, from Dougherty county.
McCay, J.—1. The charge of toe Court under
the facts of this ease was not an error.
2. If a man shoot, with a pistol, at another,
and hit him, toe law presumes, prima facie, that
he did it with malice. Nor does the proof that
toe parties had been friendly, and that the per
son shooting expressed regret immediately after
wards, rebut the presumption. One has no
right to shoot at another, with a loaded pistol,
in sport. If ho does so, he is responsible for
the consequences, and toe law will imply mal
ice from the recklessness of toe act.
H. Morgan, for plaintiff in error.
R. H. Whitely, Solicitor General, defendant
William Eoler, et al, plaintiff in error, vs. E
W. Scab rook, administrator, etc., defendant in
error. Motion to Distribute Money, From
Dougherty.
McCay, J.—1. A landlord may collect his rent
by a distress warrant, even though the rent be
payable in specifics, toe value of which is not
fixed by the contract
2. When there is a contract for rent of real
estate, it is none the less a renting, that it is
agreed that the tenant may have too use of the
mules, tools, gin, and other personal property
actually on toe place, fqrming part of the ma
chinery for carrying on the farm, and a distress
warrant will be for toe whole sum agreed upon.
3. When there is no day fixed for the pay
ment of rent bit it is payable in specifics to bo
made on too place, and it is agreed that “it is
to be first taken from toe same,” toe rentisdno
in a reasonable time after a sufficiency of too
crop, alluded to, to pay toe rent in gathered,
and ready for delivery.
4. Section 2263 of Irwin’s Code, protecting
the crop against levy, under process against toe
tenant only applies, where toe rent is a frac
tional part of toe crop, and not where it is a
fixed amount
5. The lien of the landlord, for his rent upon
the crop made is superior to all other liens.
6. The liens, provided for by toe Act of 1866,
in favor of landlords, Factors, etc., upon crops,
and growing crops attach from toe date of the
agreement and the oldest taken is of toe high
est dignity.
Judgment affirmed.
Strozier and Smith. Jno. A. Davis, for plain
tiff in error.
HineB and Hobbs for defendant in error.
John Doe, ex dem., E. Grannlss vs. Richard
Roe and Samuel D. Irwin, tenant Ejectment
from Baker county.
McCay, J.—1. It is the presumption of law
that an officer has done his duty, and his official
acts will bo presumed to have been done rightly
until toe contrary is shown.
2. Where a deed, purporting to have been at
tested by a magistrate and recorded thereupon,
was offered in evidence, circumstances tending
to show that toe magistrate’s name was affixed
subsequently to toe execution of toe deed, are
evidence for, toe jury,' and it i3 error in the
Court to withhold toe deed, as not recorded.
^ 3. If toe evidence is pertinent toe Conrt
should leave it to too jury, under his charge as
to law.
Judgment reversed.
Vason &■ Davis, for plaintiff in error. „
S. D. Irwin, for defendant in error.
Dissolution*
rpHE copartnership of Rasdal & Co., (in Restaurant
JL business) 63 Cherry Street, is this day dissolred by
mutual consent. Ihe Seinor. L. W. Rasdal. "with
drawing. The business will still be continued by J.
Valentine. L. wl RASDAL.
vl . ' J.VALENTINO.
I do hereby cheerfully recommend John Valentino
to my friends and the public seneralJy. as an honest,
up-isht business gent eroan, well worthy the patron
age ot the community. He thoroughly understands
the basin ess in which he is en raced. My association
with him has been entirely satisfactory and pleasant.
In parting with him, I parT with one than whom I
never expect to me^ a better.
I can, at all times, be found at my
WHOLESALE LIQUOR STORE,
53 Third Street,
Amply prepared to fill all orders accompanied with
cash. Respectful y.
je24-lw L. W. RASP A L.
FOB SALE,
O NE COTTON COMPRESSOR, to the highest bid
der on Saturday, July 3d, to pay the storage on
it, at our Warehouse.
JONATHAN COLLINS A SON.
june24-tf
OBITUARIES.
Died, in Macon, Georgia, on the 12tb of May,
1869, of a lingering disease, SusarbabDuPort Mec
ca w. The ardent Christian, the pure woman, the
devoted wife, the affectionate and exemplary mother,
and the loving sister, has passed away from us all
into toe Spirit Land.
Her remains were interred in Laurel Grove Ceme
tery, Savannah. — Julius.
Journal and Messenger please copy.
Died, at his residence in Crawford county, Ga.,
on toe 15th inst, Mr. James Loro, aged eighty-five
years, two months and six days.
Tho Subject of, this notice was bom in toe State
of Maryland, in tho year 1784, removed to Wash
ington county, Ga., and was married in 1808, re
moving to Crawford county in toe year 1812, where
he and lii3 wife lived for sixty-one years. She sur
vives him. He was a member of toe Methodist
Church from toe year 1804 until May of 1867, at
which time ho united with toe Primitive Baptist
Church, and died a devoted and much esteemed
member of that denomination.
Although a man well stricken in years, his rela
tions, neighbors and friends were loth give him up,
feeling their loss irreparable, yet fully convinced
that it is his eternal grin. Having borne the fruits
of Christianity—a well-ordered walk, and a Godly
conversation—wo believe, and are sure, that ho his
fallen asleep in Jeans Christ, who watches hia
Bleeping dust.
Relatives, Neighbors and Friends, weep not for
bim, but weep for yourselves and your children.
*A Frierd.
araw adve&tisbmbnis.
Oats I Oats I
CHFAF OATS—the best of long feed for horses,
mules and cows. For sale by
B. U. NAPIER.
SO- Orders can be left with E. Price, Cherry Street.
je25-3t*
AXLE GREASE.
r I'llE liert and most economical Lubricator known
(or carriages, wagons, drays, etc. For sale by
jeffitf
HARRIS, CLAY A C0-.
Chemists anil Pharmaceutists.
For Sale,
JQQ SHARES CENTRAL RAILROAD STOCK,
100 Shares Southwestern Railroad Stock,
100 8hares Macon and Brunswick R. R. Stock,
40 Shares Macon and Western R. R. Stock,
8000 Macon and Brunswick R. R. Bonds, by
june25-2t I. C. PLANT & SON.
A. CARD.
W E have, this day, sold to Mr. L. W. Rasdal our
entire interest in iheBarand Restaurant known
as the “Our House." In surrendering our claim, we
feel thankful to our friends for the liberal patronage
they bare given us. mod we respectfully Invite a con
tinuation ot the same to the new proprietor.
PORTER
june25-2t
I A- HUDGINS.
STOLEN.
O N tlie night of the 21st of June, was stolen from the
premises of Mrs. Nancy Myrick. a Urge medium
brown mare Mule, with one eye out and a place cut In
one ear—has a disease of the head; and, when exer
cised. rant at the noes as though she had distemper;
is eleven or twelve years old. Twenty-lire dollar*
will be rewarded for the delivery of the Mule, and as
much more for the thief. J.W. MYRICK.
Colaparchee. Monroe county. Ga.
The Mule was traced to five miles this tide of Cuilo
den. je25-St»
[OFFICIAL.]
Atlanta, Ga., J une 22,1S69,
Wukrcah, A vacancy has occurred and non exists
in tho office of Ordinary of Twifta county, caused by
the death of Wm. S. Kelly, the person having been
elected thereto.
Now, therefore, I. Rufus B. Bullock, Governor and
Comraandcr-in-Chief of the Army and Navy of this
8tate and of tho Militia thereof, do hereby appoint
John F. Shine, of the county of Twiggs, Ordinary
thereof, to fill tho vacancy aforesaid ; and order that
he, tho said John F. Shine, upon his executing and
filing in this Department his official bond as Clerk of
Ordinary, in the sum of one thousand dollars, with
such sureties thereto as the law requires and satis
factory me, be commissioned accordingly.
Given under my band and the Seal of the Execu
tive Department, at the Capitol in Atlanta, the
x day and year first above written.
RUFFS B. BULLOCK.
Governor.
By tho Governor:
Kuo-nr Davis,
Secretary Executive Department.
iune25 3idltw
GEO. B. TURPIN.
J. MONROE OGDEN.
TURPIN & OGDEN,
COMMISSION MERCHANTS,
Real Estate & Insurance Agents,
and Grist Mills and a large amount of Timber Lands.
Parties wishing to sell or lease Real Estate are invi
ted to place it in their hands. They make no charge
unless a sale is made.
Parties wishing to purchase or rent sre invited to
examiuo their list.
Agents for Phoenix, Lorillard, Manhattan. Citizens*,
International and Washington Fire Insurance Com
panies of New York, and Imperial Fire Insurance
Company of London.
Mutual Life Insurance Company of New York—
Assets over $32/00.000.
Manhattan Life Insurance Company of New York—
Asaeu over $5 (00.000. je18-3m
1,000 SHITS
CLOTHING,
ON TIME.
"JJNTIL farther notice, wo will offer oar extensive
Stock of Clothing for Warehouse Acceptance, giving
until the 1st November.
This is one of the largest stocks in the State, and
worthy the attention of Wholesalcand Retail buyers.
Winship & Callaway,
No. 50 SECOND STREET.
PURE MEDICINAL WHISKY.
I F yon drink at all, drink XXXX WHISKY. It
will keep you fat and in good health, and prevent
Chills ahd Fevers, because it is pure. Sold by
. . ' JOHN W. O’CONNOR.
The majority of the Physicians of Macon recom
mend it and use it professionally. Harris, Clay Jr
Co.. Druggists, sell it: Tom Harris, Lanier House Bar,
sells it; all good judges of Pure Whisky, use it.
There is nothing like it offered for sale here.
It is Good, it is Fare.it is Cheap.
XXXX WHISKY.
*3- Beware of counterfeits.
To be sure you get the genuine XXXX, call on
J ^ . JNO. W. O’CONNOR,
Wholseale and Retail Dealer in Pure Liquors and
Fancy Groceries, under Planters’ Hotel, No. 60 Cher-
ry Street. - ; j e 23-tf
CORN, BACON AND FLOUR.
L ARGE ARRIVALS DAILY, and will bo gold at
lowest figures, by
SEYMOUR, TINSLEY A CO.
STBUP, SUGAR AND MOLASSES.
A large lot of Choice and Common Syrups and Mo
lasses. and all grades Sugars: which will besoid under
the mai kct. to close consignment?.
junelS-tf SEYMOUR. TINSLEY A CO.
LIFE-SIZE
FAMILY PORTRAITS
A RE evidences of a high state of culture the world
over. I am prepared, at all times, to fill orders
for those, as well as all the smaller styles of Photo
graph Likenesses. I am making a specialty of the
better class of Pictures, and tLose wanting something
superior will find it to their interest to call on
J - GH r
maj9-et
Triatigiuar Block,
Maco Q a
CUBBEIM5E & HAZLEHUBST,
BANKERS & BROKERS,
MACON, GA.,
R eceive deposits, buy and sell ex
change, GOLD. sfLVKR. Slocks, Bond* and
UncurrentFunds. — . — —
OOLLEOnOFS MADE OK AIL ACCESSIBLE
POINTS.
g^Offico open at all hour9 of the day.
iaepU-iyri
ATTENTION, EVERYBODY
I*
you want a good LUX CII, free, go to
"> h.n. ellsv
Atll o’clock a. It.', drily.
If you want 'a glass of the coldest Philadelphia
LAGER BEER, go to N>
If you want the coldest and fanciest DRINK made
in the city, go to ^ jjljLS’ SALOON.
If yon wantsome nice FAMILY GROCERIES, etc.i
and BIG CABBAGES, go to H „ ELLS .,
If you want a fine bottle of BRANDY, WHISKY,
WINE or CHAMPAGNE, go to __ _ c#
H.N. uLLb
If you want a good smoke of TOBACCO or CIGARS,
*°*° H.N. ELLS’.
If you want SODA WATER, ICE, etc., go to
H. N. ELLS’.
If you want .good RACE, call on the Jone* County
n i\iu'lbBn,Strwt.
LIBERAL ADVANCES
ADE to Planters on their growing Crops, by
1 I. to PLANT it SON
je9-2m ‘
Corn
Sugar Syrup,
Bacon Coffee. Tobacco.
Flour Bice Whisky.
A FULL Stock to be sold for cash or on time, aa
low aa anybody.
june22 6t
l. MEGRATH. Ag’t,
Hollingsworth'sBlock.
Something ISTice.
1 HAVE joat received a consignmontof very Choice
NEW GOSHEN BUTTER and NEW SPRING
CHEESE. Tho Butter is in Wood Buckets of from
12 to 20 pounds. The Cheese ia the only thing of the
kind that will stand our climate at this season. I am
ordered to dose ont at a low price. _
N. A. MEGRATH, Ag’t,
j unc22-4t Hollingsworth’s IBlock.
NOTICE.
S EALED Proposals will be received until the first
of July next, for repairing tho bridge over the To-
basnfkee Creek, at Searcy’s Mill. Also, for build
ing bridge over ravine one mile east of Searcry’a Mill.
Specifications to be seen at this office.
a T. WARD.
Jnne22-td _ _____ Ordinary.
‘ - AGENCY
CLVWMU LIMB WORKS.
FULL supply of LIME, from the above works,
iQ barrels and casks, always on hand and for sale low.
Special contracts made with Builders and Contractors,
b7 J0NSS. BAXTER Sc DAY.
Junel8-lot Cotton Avenue.
COTTON STATES
LIFE INSURANCE
OOnXFjA.NVi
PRINOIPAIj OFFICE, MACON, GEORGIA.
Acthoeizso Capital ....12,000.000
Guasastiso Capital...™ — GOO “
Dipositeo with ths Stat* Couptxollkk
for SgruaiTT OP Policy-Holdsis 100,000
W. B. JOHNSTON, PasaiDgar.
W. 8. HOLT, V|c> Psxsidsst.
GEO. S. OBEAR. Sxcketary,
J. W. BURKE, Gbxxral Aourr.
0. F. McCAY, Actuary.
J. MERCER GREEN, >1. D., Med. Ex.
T HIS Company issues all the various kinds of
Policies, and they aro all NON-FOKFEITABLE
after two full payments. They give a loan of fifty
per cent, on all iremiams amounting to over Fifty
Dollar*. Iti*
A SOUTHERN COMPANY,
And every Southern man t* interested in keeping the
large accumulation* of Life Companies at home. In
Fire Insurance the premium* are mortly returned to
meet loom: but In Life Insurance they are accumu
lated to meet the deaths at old age, and only returned
after many year*. „
The money retained here will Bring better interest,
and thus swell the profits of a mutual company,
and benefit the insured in many other ways.
Every Southern man will be rare to assent te this,
and favor a Southern Company if it ia safe. We offer
him precisely tho same seenrity as the Northern Mu
tual Companies, the accumulated premiums of the
insured, raid b. the young, to meet the amount, in
sured when they grow old and die. and in addition
thereto, a oipitai commencing with 9500,000.
Sorely this makes it soft; and if so, let every man
INSURE AT HOME !
THEN PREFER THE COTTON STATES LIFE
INSURANCE COMPANY :
1. Became it is a Mutual Company.
2. Because it is a Southern Company.
S. Became it ha* a large Guaranteed Capital.
4. Because ithas Liberal Policies.
5. Because its Policies aro all Non-Forfeiting.
G. Because it does not restrict Traveling.
7 Because it has the best Plans of Insurance.
8. Because it will always have 21CO.OOO deposited
with the Comptroller General for the special securily
or Policy-Holders.
For further particulars, address
GEO. SjOBKAR. Secretary.or
JOHN W. BURKE, Gen’l Agent.
Agents for the Cotton States Life Insur
ance Company,
W J Sfagili. Special Agent, Atlanta, Ga.
Dr H Marshall. Atlanta, Ga.
W T Davenport, America*, Ga.
R H Footman A Co. Savannah. Ga.
Samuel W Mangham. Griffin, Ga.
W T Williams. Augusta, Ga.
James M Bivins, Columbus, Ga,
W J Anderion. Fort Valley, Ga.
HR Thomas, Dawson, Ga.
John McKinne, Midvibe, Ga.
Young it Wynn, Athens, Ga.
W H Keese. Marshellville, Ga.
Y G Rust. Albany, Ga.
H M Anderson, Rome. Ga,
G W Stallings. Buena Vista, Ga.
■ »\ T Young. Eatonton. Ga.
Thoma3 J Cater, Perry, Ga. . je!3-2tawlm
. FIRE-PROOF
COTTON WAREHOUSE FOR RENT.
T HE large and commodious Fire-proof Warehouse
iu Albany, Ga.. heretofore occupied by Rust.
Johnston St Co , will bs offered for rent at Public OuL
cry, in Albany. Ga., at the Auction House of Messrs.
Cooper* Co.,
ON SATURDAY, JULY 31, 1869.
A aH 1,8 froD ? August. 1869. to 1st
te nfered to 0 ’CottraFrater? e ’ Ple « iid business
For particulars apply to either
„ Y. G. RUST.
• oo AJ ra, Or RICH’D HOBBS,
jane23-td Trnstees for Mrs. W. P. Jennings.
NOTICE.
Season’s Tatent Screw-top Fruit Jar
Mason’s Patent Screw-top Fruit Jar
Mason’s Patent Screw-top Fruit, Jar
Mason’s Patent Screw-top Fruit Jar
Mason’s Patent Screw-top Fruit Jar
By toe gross ot dozen,
By the gross or dozen,
By toe gross or dozen,
By toe gross or dozen,
By toe gross or dozen, at
B. A. WISE’S
Crockery Store, Mulberry Street.
^HB Superior Court, for the county of Wilkin&on
A st&nds adjourned until Tuesday, tenth day of
Apffust next, at 9 o'clock, a. if. Jurors, suitors snd
witnesses are required to be in attendance at that
time. ,
By order of the Hon. P. B. Robinson. J udee of said
Court, thie 1st day of Ma^.
may5-tf
May. 1869.
GB0. W. TARPLEY, Clerk.
Glass Ware,.
Glass Ware,
Glass Ware,
Glass Ware,
Glass Ware,
Glass
Glass
Glass
Glass
Glass
Ware.
Ware,
Ware,
Ware,
Ware.
OF EVERY KIND,
OF EVERY KIND,
OF EVERY KIND,
OF EVERY KIND,
OF EVERY KIND,
OF EVERY KIND,
CHEAPER
CHEAPER
CHEAPER
CHEAPER
CHEAPER
CHEAPER
CHEAPER
THAN
THAN
IRAN
THAN
IRAN
THAN
THAN
EVER,
EVER,
EVER,
EVER,
EVER,
EVER,
EVER,
B. A. WISE,
Mulberry Street, Macon, Ga.
China Tea
China Tea
China Tea
China Tea
Sets,
Sets,
Sets,
Sets,
China Tea Sets;
44
44
44
44
44
Pieces,
Pieces,
Pieces,
Pieces,
Pieces,
Costing only Twelve Dollars,
Costing only Twelve Dollars,
Costing only Twelve Dollars,
Costing only Twelve Dollars,
Costing only Twelve Dollars.
Wbite Oranitc Tea Sets, £4 pieces,
White Qranite Tea Sets, 44 pieces,
White Qranite Tea Sets, 44 pieces,
White Qranite Tea Sets, 44 pieces,
White Qranite Tea Bets, 44 pieces,
Costing only Five Dollars,
Costing only Five Dollars,
Costing only Five Dollars,
Costing only Five Dollars,
Costing only Five Dollars.
B. A. WISE,
Mulberry Street, Macon, Ga.
Fifty Crates Assorted Crockery,
Fifty Crates Assorted Crockery,
Fifty Crates Assorted Crockery,
Fifty Orates Assorted Crockery,
Fifty Crates Assorted Crockery,
DIRECT IMPORTATION,
DIRECT IMPORTATION,
DIRECT IMPORTATION,
DIRECT' IMPORTATION,
DIRECT IMPORTATION,
DIRECT IMPORTATION,
At Low Prices,
At Low Prices, 4'
At Low Prices,
At Low Prices,
At Low Prices,
At Low Prices.
B. WISE,
jel0-tf Mulberry Street, Macon, Ga.