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THE CONSTITUTION. ATLANTA, GEORGIA, FEBRUARY 22. 10* The investigations into the Metho dist Book Concern shore enormous frauds. t&~ The government still owes Ken tucky war claims amounting to $050,522. Florida has passed 8tate aid bills to railroads for some fire millions. XQT Hew York is deluged with spurious nicklo coin. tSf~ The Thompson collection of pic tures in New York is selling low. But $48,033 hare been realized for 1,090 of the 1,800; the whole worth half a million. Belief. y.i:*' The Legislature has passed more Belief, In the shape of .'a resolution, suspending collections of all debts made before June. 18C5. until twenty days after the meeting of the Legislature. Abominable.—The United States Sena- tora bare permitted Rerels, the negro Mis sissippi Senator, to subside into a hum drum sort of status, like any other worn- out notoriety. Those immoralities of his hare reduced him to their lerel. bsjr The Washington telegraphic cor respondent of the LouisrQle Commercial (Bad.) thus dispatches: The committee afterward had two hours’ conference, and finally agreed by a major ity rote, only two or three dissenting. It is understood to report a bill admitting Geor gia without conditions, and also to admit Mississippi, with Hill and Miller as Sen ators. Bobbery. The Radicals before the adjournment ot the Legislature passed a resolution paying members $9 per day up to adjournment yesterday. This Includes a twelve day’s recess, when they were at homo. This is down-right robbery. No service was per formed, the legislators were offduty, and to draw pay for snch holiday Is simply swind ling the people of Georgia. fW The Nashville papers are full of the magnificent banquet given to the Legisla ture and Convention. It was a royal oc casion. Among the speakers wo notice Senator Cooper, Gen. Brown, Speaker Thomas, Col. Burcb, B. S. Rhea, fol. Wil liamson, Qeneral Bate, General Palmer and others. Tbo Woman Broker. The Pittabnrg Dispatch opens up a not altogether clean record for the Claflin raotnber of the sensatioo woman broker age firm in New York. She is a Miss of twenty-seven ente, knowing summers. At sixteen she was a “Doctor Tennessee CiaSin,” lively, beautiful, chatty and shifty, running a sharp programme as a second right Dectress in-Cincinnati and Pittabnrg, and finally playing ont ss a hum bug. She now turns up a plump progressive gold brokercss under Vanderbilt’s wealthy auspices. Tbo Woman’s Movement. This thing of Woman’s Rights still keeps going. Miss Anthony, its venerable progenitor, has reached tho comfortable age of fifty. Susan is still on tho rampage, despite her ancient epinaterhood. At a meeting of tbo listen in New York, on Friday, Mn. Wilbour thought the world out of joint, and Woman Suffrage alone could put it back. A Mr. Steele, a male pullet, thought the difficulty was in getting marrying notions ont of the young girls’ heads'. It wss determined to not admit gentlemen, that the young petticoats could 1 jam to speak unembarrassed. This is bad. Vulcntincs. Monday was Valentino’s Day, and to have been genenlly observed over the country. The amount of emboss ed trumpery used up in tho causo of anon ymous courtship was prodigious. Some of the statistics about Valentines may not be uninteresting. The trade has fallen off in later years. It is getting new vitality, however, from the negro patronage. There are but six lead ing Valentino pnhlisheTS in the country, three in New York, one in Philadelphia, and two in Worcester, Mass. The comic Valentines are the most used. Their sales amount to four millions yearly, against one million for tho sentimental sort. Much Senators. The election of Radical Senators to-day puts Georgia in a booming condition. We have, since the war, elected Johnson and Stephens, Democratic; Hill and Miller, Conservative Republican, and now. come Blodgett, Farrow and Whitely, plum-out Radical. Poor Sambo has boon loft in the cold entirely, chouseled clear ont of his rights by the Bullock faction. Cuffee should remember this. Now for a stiff tussle in Congress between Bill and Miller and the Bullock contribu tion of Senatorial staff. The news from Washington is cheering for the former. If they succeed, there will be a heavy grin on Bnltock’s squad. But no one can charge us with not fur nishing plenty of material for Congress to choose from. THE WEEKLY CONSTITUTION. VOLUME n.I ATLANTA, GEORGIA, TUESDAY, FEBRUARY 22, 1870. NUMBER 49 Tbo Frcedmen. The colored people ot Georgia hare cer tainly a had lull chance to learn the trne disposition of the Radical party towards them. Deceived and used, made a footstool for getting power, seduced with false promises, shut out from participation in every esse where it was possible; tbej have had ample reason to cut loose from Radi calism. The Senatorial election the other day Is a case well In point. There were negro aspirants lor the office, men who had la bored faithfully for the Radical cause, and whoso tremendous majority of votes over the white Radicals, had alone given the party Its success. Yet. when the division of the spoils came, they were centemptnonsly poshed aside, and the flesh-pots monopolized by tbelr white brethren. Thus will it be every time. They certainly win show a tame spirit if they submit to It. Let them learn first, last and all the time. GEOKGIA LEGISLATURE. SENATE. Tuesday. Feb. 15,1870. 1 Senate called to order by President Con- Prayer by We*ley Prettyman. Journal of 14th read. Messrs. Wallace and Merrell were al lowed to record their votes In favor of the adoption of the 14'h and 15th Amendments, and Mr. Hinton against the same. Mr. Welborn was permitted to record his vote against the passage of the resolu tion bringing on the election of United States Senators. The Senate then took a recess untill 11:30 o’clock, a. M. 12 o’clock M. Senate re-assembled. A mirage from the Honse was received. Mr NUNNALLY offered the following resolution: Whereas, by the Legislature of 1868, Dr. H. V. M. Miller was regularly elected to the nnexptrcd short term of the United States Senate; and. Whereas, The Congress of the United States has since passed an act to further promote reconstruction In the State of Georgia and by virtue of said act several persons then members and voting in said election, have been declared ineligible; and. Whereas. It is a well settled fact that af ter counting out all the illegal votes. Dr. II. V. M. Miller still lias a majority of all the vo'os cast; be it. Resolved, By the Senate and House that there can be no election for said un expired term, and that the said Dr. H. V. M. Miller be and he 13 hereby declared the regularly elected Senator from this State to fill Bald unexpired term. Mr. HARRIS raised the point of order that both branches of tbe General Assem bly had resolved to elect Senators, and such a resmution could not be entertained. Tho PRESIDENT sustained the pointof order. Mr. NUNNALLY moved a reconsidera tion of the resolution to bring on tbe elec tion of Senators. AABON ALPEORIA favored reconsid eration. The PRESIDENT decided the motion out of order. Mr. CANDLER presented a protest against the election of Senators, signed by blmselfand others, as follows: The undersigned, members of the Senate of Georgia, present at an election this day ordered by the General Assembly of Geor gia, as organized under the diecctlon ol ltufus B. Bullock, claiming to be *■ Provi sional Governor" of the State of Georgia, with the approval of Brevet Major General Alfred H. Terry, Commanding the Military District of the State of Georgia, for Sena tors in the Congress of tbe United States, one for the term expiring March 4; 1871. one for the term expiring March 4, 1873. and one for tbe term expiring March 4. 1877. present the following, their protest against tip- said election and ask that the same be entered upou the Journal of the Senate. The said election Is illegal and unauthor ized by the acts of Congress known as the reconstruction acts, because, under said acts, at tho session of the General Assem bly of Georgia, held in toe city of Atlanta In the year 1868, two Senators were elected, the one for the term ending March 4.1871. ilm other for the term ending March 4. 1873: that the persons so elected arc en titled to the places to which they are elected; are now before tbe Senate of tbe United States claiming the same, and the said Senate has not determined that they are not entitled to their seats. • The act of Congress approved July 25. 186G. “to regulate the time and manner of holding elections fur Senators In Con gress," requires that the Legislature cho sen next preceding the expiration ot the time for which any Senator was elected to represent said State In Congress? shall, on the second Tuesday alter tbe meeting and organization thereof, proceed to elect such Senator. In accordance with that act the Senators how claiming seats in the Senate of the United States were elected. According to the Constitution of the State ot Georgia, a new Legislature will be eiceted “ on Tuesday after the first Mon day in Noveml>er”of the present year, and will assemtile on the “second Monday in January. 1871.” This Is the Legislature chosen next preceding the expiration of the terms of the Senators elected in 1868, and under said act ot Congresses the Leg islature authorized to elect their success ors. If this be the first session of the Gen eral Assembly of Georgia, under tbe re construction acts of Congress, then the election for Senators to fill the terms ex- pirlng on the4th of March 1873, and 1877. respectively, is illegal, because, even as ad mitted by all, whether given to the provis ional faith nr not. a Legislature will be eiceted on Tuesday after the first Monday in November, 1872. which will be compe tent to the election o' the Senator for the terra expiring March 4,1873, and no other term. A vacancy could only exist because of the death or resignation of the person elected, or by a vote of the Senate, which determines the qualifications of its mem bers. An election has been held, the per sons elected are living, having not resigned, and the Senate ol the United States, has not by any action informed the Legislature of Georgia, that there is a vacancy in its representation in that body. Therefore, protesting against the election to be held as authorized, wo will decline to partici pate therein. Milton a. Candles, B. B. Hinton, J.T. Busks, A. D. N'UKN'ALLY, A. W. Holcombe, C. B. Wootten, J. C. Fai.n\ W. T. McAbtsub, C. J. Wellborn, Last three approves so far as Hill and Miller are concerned. Dr. W. A. Mathews. Senator from the 23d District, wss sworn in. Mr. Uungerford arose to object to the protest beingetitcred on the journal of the Senate on the ground that it charged Rufus B. Bullock with claiming to be Provisional Governor, when the President announced that the hour of 12 M. bad arrived, and tbe Senate would proceed to elect Senators M r. Speer nominated Mr. Foster Blodgett as Senator for the term endiDg March 4th, 1877. The following is the vote: Blodgett— Bowers. Bradley, colored. Brock. Bruton, Campbell, colored, Colman. Corbitt. Cray ton. Dickey. Dunning. Fain, Griffin. (6th) Harris. Henderson. High -e, Hungerford, !Jones. Merrell. McArthur. McWhorter. Richardson, Sherman. Smith. (7th) Smith. (36ib.) Speer. Stringer. Traywick. Wallace, colored, Wellborn, Welch, Mr. President— 37. Not voting: Burns. Candler, Griffin, (21>t.) nicks, Hinton. Holcombe. Jordan, Nesbitt, Nunnally, Wooten and Mathews— Mr. DUNNING nominated H. P. Farrow for the term ending March 4tb, 1873. The following is the vote: Farrow—Bower*. Bradley colored. Brock. Bruton. Campbell colored, Colman. Cor bitt. Crayton. Dickey. Dunning. Griffin 6th, Harris, Henderson. Higbce, Hungrrford. Jones. Merrell. McWhorter. Richardson. Sherman. Smith 7th. Smith 36th, Sneer. Stringer. Traywick. Wallace, Welch, Math ews, Mr. President—29. Not voting—Burns, Candler. Fain, Grif fin 21sL Hicks. Hinton. Holcomb. Jordan, McArthur. Nesbitt, Nunnally, Wellborn and Wooten—13. that their only true friends arc the masses j ^^“‘dreg^ of the true white people of the State. There Mr. Whitely received all the votes cast Is not a Democrat to-day, who is not a! for tbe last, except Mr. Matthews. kinder friend to blacks than any Radical, who la so lavish in promise and so meagre » in performance. The interests of tbe blacks were deciaredeieeted. and tbe white citizens of Georgia are hlent- Mr. Matthews and thirteen others did not Tote. Messrs. Blodgett, Farrow and Whitely Senate then adjourned until 11 o’clock a. u, to-morrow. Wednesday, February 16.1870, Senate called to order by President CON LEY. Prayer by Wesley Prettyman. Journal of the 15th inst. read. Mr. MERRELL offered a resolution that the Governor he requested to draw his warrant for the amount due to tbe officers, doorkeepers, messengers and employees of the General Assembly, on tho certificate of tbe Secretary of the Senate and Clerk of the House, said amount to be charged in tho final settlement. Mr. B.BUTON opposed the resolution as indefinite and a raid on the Treasury of the State. He moved to lay the resolution on the table. MR. HARRIS hoped the Senator, would, on reflection withdraw the motioD to tajble. MR. CANDLER opposed it because It was indefinite end unconstitutional. MR. HUNGEKFORD thought iteame witli bad grace Irom senators who bad re ceived $9 per day, to object to paying clerks and messengers. MR, DUNNING replied that he had not received the 39 per day. MR. HUNGERFORD retorted, “a good reason for ir, because you get 84,000 per annum.” MR. HINTON offered as a substitute, a resolution that the Governor be author ized to draw liia warrant for such sums as m.'y be due tho Secretary,-Assistant Sec retary, Doorkeeper, Messenger and Consti tutional clerks. Mr. CANDLER raised the point oforder that being an appropriation of money; the Constitution provided that it must origin ate in tho House. The PRESIDENT decided the point not well taken- Tbe substitute was lost by yeas 12, nays 18. Tbe original resolution was adopted by the following vote: Yeas—Messrs. Bowers, Bradley (colored) Brock. Campbell, (colored,) Crayton, (col ored.) Colman. Corbitt, Dickey, Fain, Grif- fine, 6th, Harris, Henderson, Uigbee. Hun- S erford, Jones. Jordan. Merrell. McArthur, icWliortcr, Richardson, Sherman, Smith, Smith, 35th, Speer, Stringer. Traywick, Wallace, (colored,) Welch and Mathews- 29. Nays—Messrs. Bruton, Burns. Candler. Dunning, Hicks, Hinton, Holcombe and Nunnally—8: Mr. MERRELL moved to transmit the rcsolntionto the House. Mr. NUNNALLY objected to the trans mission. He called upon the Semite to con sider what they are doling. He moved to reconsider the adoption of the resolu tion. supporting the motion in a pitby and forcible speech. Mr. DUNNING said that tbe charge that Senators were unwilling to pay the proper officers their dues was not true. He wanted something definite. Mr. MERRELL disclaimed any imputa tion against Senators. Mr. CANDLER said he had taken an oatli to support the Constitution of the State of Georgia. Others might consider that only child's plav, hut lie did not. Tbe Constitution declared that no money was to be drawn Irom the Treasury without ap- proprlatlon made by law. and ail measures for appropriation must arise in the House. If there was nntsomething wrong, why re fuse to name the parties to be paid, and the amount due them. He made a telling speech against the perpetration of each an outrage. Mr. BROCK made a lengthy and ingen- nous speech in favor of the resolution as passed. He hooted at the idea of tho Sec retary doing wrong. Before be finished, a messenger was announced irom tbe House that that body was ready to consolidate tho vote for Senators. The Senate accord ingly proceeded to the House. [See House proceedings for details of consolidation.] Upon re-assembling, the Senate wi again addressed by Mr. Brock, in his felic itous and pungent style. Mr. FAIN explained his vote at length, and concluded by moving that the motion to reconsider be tabled, bnt withdrew it. when Mr.Nunnall; obtained the floor, urg ing harmony of action in passing a resolu tion to protect the Secretary himself. Pay every officer, but no more. Mr. HARRIS moved to lay the motion to reconsider on the table. The following is the vote: Yea*—Bowers. Bradley, (e) Brock, Camp bell, (o Coleman, Corbitt. Crayton, (c) Dicky. Fain, Griffin. (6tli) Harris, Hender son. Higbee, Ilnngeriord. Jones, Jordan, Merrell, McArthur, McWhorter. Richard son. Smith, (7th) Hnith, (36th) Stringer, Wallace, (<•) Welch—25. Navs—Bruton, Barns, Candler. Corbitt. Dnnning. Hicks, Hinton, Holcombe. Mat thews, Nunnally, Traywick and Wellborn. 12 MR. CANDLER offered a resolution that tlie Secretary be directed to enter upon the jotfrnal of the Senate of to-day, tho names of the clerks employed by him. when em ployed, and when they entered npon their duties. The President ruled the resolution out of order. No enrolling committee had been appointed, and tho clerks could not be sworn In nntil that committee was ap pointed. Mr. CANDLER responded, then they should not bo paid. A message was received from Governor Bullock, and GOO copies ordered printed for thanse of the Senate. [See House proceed ings for message.] Mr. BROCK offered a resolution to stay all proceedings in the courts, founded upon judgments or contracts prior to June. 1st, 1865, or levies and sales under, until 20 days after expiration ol the recess of the Gen eral Assembly, and requesting Gen. Terry to sanction and enforce the resolution. Mr. HINTON was opposing the resolu tion in an earnest and forcible speech, when the hour of adjournment having arrived, the President-declared the Senate adjourned nntil to-morrow morning at 10 o'clock. HOUSE OF REPRESENTATIVES. Tuesday, February 15. House met at 10, a. m, and was called to order by the Speaker^ Prayer by Rev. Mr. Clark. Calling of the roll dispensed with. Journal of yesterday read. Mr. BRYAN C moved to reconsider so mnch of the action of the. House, as provi ded by resolution of yesterday, to bring on an election lor United States Senator*. Mr. O’.VE aL arose to a point of order. No objection was made on yesterday, and' no notice of reconsideration given. The resolution had lieen transmitted to the Sen ate, and had passed beyond the control of the Honse. Mr- SHUMATE said tho Senate was not in session when the resolution was concur red in. and that it had never been trans mitted; it was still in the House. SPEAKER ruled that the motion could not be entertained. FITZPATRICK, of Bibh, appealed from the decision. Yeas and nays called; yeas 76. nays 36. Decision sustained. Somebody wanted to take a recess until 12. H, but the Speaker said there were sev eral present to be sworn in. W. B. Smith. U. S. Court Clerk, was in attendance to do the swearing. Mr. Brewster, of Harris. Mr. Smith, of Teltair, and Mr. Bennett, of Jackson, were announced as candidates for reception into full membership. Brewster’s name was sent In by Bullock, i - next highest to ineligible Hudson.” He slid in gracefully. Bennett, of Jackson, was one of the “old issue.” and no objection being made, he went in magically; bnt Smith, of Telfair, being elected under Bullock’s proclama tion in one of the eonnties where no elec tion was originally held, was objected to as not having been endorsed by “ His Excel lency.” Mr. SCOTT, moved to admit Mr. Smith, and Mr. O’Neal, of Lowndes, moved to take the admission and qualification of Smith, of Teltair. ■Tbe SPEAKER said that be bad already decided tbat'such a course would he trav eling out of “reconstruction track.” and be could not now entertain the motion. JOHNSON, of Spalding, offered a resolu tion that tbe Uuuse now proceed to elect three Senators, tn tbe following order: For the long term, firat; second term, second'; and short term last. Mr. BRYANT gave notice that he would file a protest against action in the prem ise*. Mr. TWEEDY nominated Hon/Foster Blodgett for the “long term.” The clerk then proceeded to call the roll. SCOTT, of Floyd, when his name was called, declined to vote, and handed in a protest against tbe action. All the Democrats declined to vote. TbeSprakerdeclared that Foster Blodgett received S6 votes, anil Harrison, colored, of Franklin, 1; and that Blodgett was elected- Some one then nominated “circumlocu tion Farrow” for the second nest term. No one else was nominated. Democrats de dined to vote. The call proceeded. Mr. RADISH voted foronrspecial friend Mr. Golden, colored, of Liberty. He shall be remembered. The vote stood os follows: H. P. Farrow - - - - - 78 W. a. Golden, colored - - - 1 Geo. Wallace, colored - . - - i Mr. TURNER voted for Wallace. He now desired to change to Farrow. He had promised to “vote for a nigger”—he had done it, and his conscience was satisfied—a worthy turner! O’NEAL, of Lowndes, nominated Rich ard H. Whitely. A negro nominated “Hon. James M. Sims, of Chatham. Mr. GQBKR nominated Coal. The vote stood os follows: Whitely - - - - - - . 82 Sims - -- -- -- o Coal -------- l Clowers (c.) concluded “de bottom rail” was not on top. and with deprecating tone said, “wid all jew respect to my ’oncrbul fren, Mr Onerbnl Sims, I'se ewlne to change my woto to de Onibul Mr. W hil ly” He then “turned.'’ So said Houston (c.) who nominated Sims. He further said that he “jes lived to winderkake do rights of his race and let de proper qushnn go fort to de hole siv- ilized yeath, as how a culluil pusson could be woted for for Senator.” O’Neal, of Lowndes, moved- to adjonrn till ll!f>, a. M.. to-morrow. It was done amidst “applause” on one side of the “gal leries.” The following is the protest of Scott and others: Whereas. Hon. Joshua Hill has been duly elected United State*Senator to fill the un expired term which ends on the 4th of March, 1873. and the non. H. M. Miller hag been duly elected United States Senator to fill the nnexpired term which ends the 4th of March, 1871. by the General Assembly of tbe State of Georgia; and whereas, this General Assembly. “ so-cnl leu.” has obtai n- ed its present organization by' force, vio lence and fraud; and whereas, the Consti- tntioq and the laws are discarded In its proceedings, protesting against tbe legality of all its act*; believing them to be illegal, unauthorized and void, we decline to vote. Dunlap Scott. Flovd, Frank Welchar. Taylor, ; Louise Nash. Gwinnett, C C. Clkohorn. Chattooga. Wednesday, Feb. 16th. 1870. House called to order by tho Speaker at 11 30 o'clock, a. m. Prayer by Rev. M. Smith. Calling of roll dispensed with, on motion of Mr. Tomlin. Journal of yesterday read. MR, BKYANT presented bis protest against election of Senators on yesterday This protest was read and ordered to be entered upon the journals. . MR. MADDEN, of Burke, objected, but was voted down. MR. SCOTT, of Flovd, moved to have his protest entered. Voted down. Yeas and nays called for. The Speaker said not a sufficient number to sustain the call. A message from “ His Excellency” etc- was here received and read. _ Mr. Hnngc-rtord resumed bis ^speech leal. The Democrats constitute the pre ->Ralnst entering the protest on the jour- A lengthy discussion ensued ponderating white element in the State,and own the lands; and it is to them at last that the blacks most look for sympathy, assistance and guidance. Let them take the lesson of the Senato- to enter the protest on tbe jtmrnal was rial election. carried. Messrs. Candler. Brock. Bradley. Dunning and Speer in favor of entering it, and Mr. Bru ton against. Upon the vote being taken, the motion a recess until 11)4 o’clock. O'Neal's motion was carried, and the House took a recess accordingly. After recess, the House was called to or der by the Speaker at 11:30 o’clock. A message from - His Excellency,” etc- was here announced and read. It provided (for tbe House has a Commissary) that Joel Harris, of Glasscock, being “next highest ” in place of J. H. Nunn, “ineligi ble.” should be sworn in. This was accordingly done. Atlanta, Ga- February 16.1870. To tlie Senate and Bouse of Representative* of the Frovitional Legislature: Some misaporelienslon having arisen as to the effect of the act of Congress of De cember 22,1869. upon tbe ordinary legis lative acts of the Legislature of 1863-9.1 deem it proper to say that in my judg ment, the aet of Congress referred to does not render invalid any of the ordinary laws passed by those bodies. Tbe reconstruction acts of March 3.1867. and July 19.1867. in express, term* declared that “no legal state governments” existed In the States therein named; vet the ordi nances of the Convention of 1865. and the acts of the Legislature of 18G5 and 1866 have been uniformly, by the military au thorities and by our own courts, held legal and binding. The “scaling ordinance ’’of the Convention of 1865. •• the evidence law ” of 1866. both .act* of immen.se importance, were, during tbe whole of the administra tion of Gen. Pope and Gen. Meade, en forced bv tlie courts as valid and binding laws; yet these acts were passed by bodies which Congress declared to be Legislatures of no “legal State Governments.” General Pope and General Meade were pnt in command in this State to enforce “the laws.” The Courts of Georgia sitting under the administration of the military au thority of the United States never fora mo ment seem to have thought that the acts of the Legislatures of 1865 and 1866. were not laws; and yet Congress bad, in express terms, declared that “ no legal State Gov ernment existed in the State.” It would seem from this action that the declaration of Congress^ “that no legal State Government existed in the late Rebel States,” must be understood in a qualified sense, to-wit: No legal State competent to take partln the Government of the Union and proper to be recognized as State Gov ernments under the Constitution of the United States. It was not the intent of Congress, by any of it* reconstruction legislation, to render invalid any of tbe laws passed by the Leg islature it subsequently declared illegal, except so far as those laws were obnoxious to the Constitution and laws of the United States. . ltistrue.it has not bden the policy to permit tke legislative assemblies.a* sneb, to conve-ne and legislate, except for specific purposes during the military reaime, hut. the whole practice of the government has been to recognize as valid law* actually passed and not repudiated by the United States. Tlie simple fact that from March. 1867. to July, 1888. tbe courts of this State, during the administration of Generals Pope anil Meade, *nd before the Convention of 1S6S had ratified those laws, administered with out question the onlin-.nces of the Conven tion ot 1865. and the nets of the Legisla tures of 1S65 and 1866. Is a judicial determi nation of the highest tribunal* known to our law, that the ordinary laws of said bodies were valid and binding as the acts ol a legislature de facto, however illegal the bodies might themselves have been as State Legislatures in view of tlie recon- strnetion acts. During the existence of the military su pervision meetlngsoflegisiative holies, ex cept for specific purposes, have been deem ed incompatible with the actnal state of affairs; bnt in all the States. laws passed by bodies meeting as such, when the mili tary power was. in fact, withdrawn, have been uniformly recognized and acted npon as valid and binding. It Is. therefore. I think apparent from the uniform action of the courts and of the United States authorities that the laws of the Legislature of 1868 and 1869, and its acts which were not ot a political charac ter, are perfectly valid, notwithstanding the United States by the act of December 22,1869. has in effect declared that “ no le gal State Governmentexisted in this State” at that time, and that the impression which is sought to be created, that they are invalidated, that State bonds are repudiated, and that corporations organized upon the basis of the late legislation, are without legal foundation, is entirely grou ndless. and snch impression is only created for the pur pose of misleading the public mind, and defeating the full effect and true intent and purpose of tbe reconstruction acts. cirgu- flnous in’ the face of the material fact that our bonds are saleable at ahigher rate than those of any other Southern State, and that the pai|ls of railroad*. which liave been endorsed under tbe authority of legislation of 1868. are selling at their fall value. It his been suggested to me from various quarters, that.it would be wt3e. lot yonr body to take some, action for the tempora ry relk-f of the people from the present pnostfie far the payment of the war debts contracted before 1865; now made doubly burdensome by the iate decision of ttve Supreme Court of the United States, that those contracted before 1862, are payable in gold:.,. As. however, in my Judgment, until your action to complete the reconstruction of the State is accepted by Congress, It is not proper for you to undertake general legislation. I would respectfully suggest that you adopt some resolution expressive of the wishes of the General Assembly on this subject, with the hope that the General commanding may, by bis order, cause the same to be enforced. When the last step in the reconstruction work shall have been taken by the declar ation of the result ot the Senatorial elec tion, I would respectfully recommend.that a reccs.- be taken for such a time as may, to you.'secm best pending the action of Con gress for our admission. » , ., Rufus B. Bullock, ' .Provisional Governor. Mr.BaRNELL, of Pickens, moved that the Clerk be instructed to inform tho Sen ate that the Honse 1s now ready to unite witli ' fi Sen ate in consolidating tho elec tion returns of yesterday. Senators came in a body in couples, and President CONLEY displaced Speaker McWHOUTER, and directed the. Secretary .of the Senate to read the verified election returns for Senators in the Senate. He did it. and so of the House returns,’did tho Clerk of the House. President CONLEY then announced tlie consolidated returns as follows: Foster Blodgett, 115; scattering 1. and that Blod gett was elected for the term ending March 4,1877.- Hchry P. Farrow, 107, scattering. 2, and that Farrow was electod for the term end ing llacoh 4.1873. RICHARD H. WHITLEY.UO. Scatter- 1; and that Whitley was elected for term ending March 4.1871. The Senate, then, on motion of Senator Speer, retired to the sanctity of its own chambers;'but while it was getting ont. Turner, colored, of Bibb, arose and franti cally exclaimed, that some one had swap ped hats with him in the melee, and he didn’t like it. So earnest was ho in his pro test against it. tho nouse yelled. MR. SCOTT, of Floyd, moved to take up his resointion instructing tlie Governor that it is tlie sense of the House, that be should issue bis proclamation filling tha vacancies now existing in various coun ties. He said there were now about twen ty vacancies, and he appealed to ail mem- oers. Irrespective of party, to insist upon the right,of every comity to representa tion.; .' Mr. : ONE AL. of Lowndes, objected; that this course was illegal at present, as con trary to the act of Dec. 22,1S69. He moved to lay the motion on the table. Carried. Yeas and nays called ftir. Shall the speaker be sustained. The vote on resolution instructing the Governor to order elections; Yetis—Messrs. Atkins. Allen of Jasper. Allen ol Hart, Bell. Belclicr, BarneS,Beard, Cunningham, Carson, Claiborne. Colby, Coatin. Clowers, Campbell, Darnell. Davis. Ellis,. Fitzpatrick, Franks, Floyd, Golden. Gardner. Guilford. Goodwin, Hillyer, Hol combe. Harris of Hancok, Harden, Hutch ings. Houstofl, Haren, Johnson of Towns. Johnson of Spalding, Johnson of Forsyth, Joiner. Jackson. Lee, Lane, Linder. Lind sey. Madden, Moore. Mnull, McCormick. Nrsbct of Gordon, O’Neal of Lowndes, O’Neal i- Baldwin, Powell, Porter, Page, Perkins of Dawson. Rogers, Richardson, Rice, Smith of Charlton, Smith of Husco- g-e, Strickland,- 'Simms, Stone, Saulter, Tweedy. Thomason, Turner, Watkins, War ren of" Burke, Williams of Harris, Wil liams of Haralson, Zeiiars. Nays—Bennett, Bethnne. Brewster. Bal langer, Brown. Bryant, Cobb. Cleghorn, Cloud. Clark, Duncan. Erwin. Ford. Fow ler. Felder, Gray. Gnllatt. Hall of Merrl- wetUer. Hail of Bulloch, Hall of Glynn, Harknes*. Hamilton. Harper of Sumter. Humber, Hook, McArthur, Matthews. Nash, Osgood Parks, Pepper. Reddish, Rainey, Rosser, Ruraph, Sorrells. Sisson, Shackle ford, Beotr. Scroggins, Tate, Tnrnipseed. VinsOn. Williams of Morgan, Warren of Qnitmnn. Welchel* Witcher. Present and not voting—McDougald, Shumate, and Tumiin. Mr. DARNELL of Pickens, arose to a question of privilege. Ho desired to be permitted to record his vote in favor of the 14th and lotii amendments, as ho was pre vented from voting at the time. Ordered to be printed. Mr. LEE. of Newton, called up the reso lution of Mr. Bethnne, requesting General Terry to enjoin and restrain all action upon debts contracted prior to June 1st, 1865. He desired to offer a substitute, Mr. ONEAL somehow obtained the floor anti offered a substitute. Mr. SCOTT obiectcd, that he had a prior resolution; but it appeared that the Clerk bad entered Bethttne's first, and the SPEAKER ruled IhatBethune’ahad prt- orityjf . O'NEAL'S substitute was read. O’NEAL said something about Provis ional Governor desiring it. Mr. BRYANT objected. He thought it was illegal and untenable. He was tired of the “ Provisional Governor” being flung in their faces. This was not a Provisional Government. Bullock, as " Governor.” had drawn 850.000 from the bank in New York; squandered, as "Governor,” the $20,900 contingent fund; and now, through this resolution, it is intended to endorse tbe po sition that ee was “ Provisional Governor.” Bullock is like the juggler with tho balls under the mugs—now tbo balls are there, and now they are not. He thought that after all the schemes of certain parties for the purchase, at a’cost of $500,000. tlie Opera House, and various other personal schemes, the people would need relief; and he predicted that these sclieufes would want relief, too, after a lit tle. fol- their rascality, and call for rocks and mountains to fall on them. ete. Mr. HARPER, of Terrell, opposed the resolution. SAM WILLIAMS, (colored) told Mr. Harpe'r he was opposed to it. Mr. HARPER moved to lay the resolu tion oh the table. Lost. Mr. BRYANT called for the yeas and navs. SPEAKER said he was too late. 10 E Cl S X O IS S —OF THE— SUPREME COUJLtT OF GEORGIA Delivered at Atlanta, Tuesday, February 15. [azrosTXD xxtsxsslt for thx constitutiok.bt N. J. nAVXOKD. SCPREUX CvUKT KIPORTZK.) Nelson Stegar. person of color, plaintiff in error, vs. The State, defendant in error. From Spalding, indictment for robbery. BROWN. C. J. An indictment for robbery which does not charge that the money or other prop erty wa3 taken from the person of another by tho defendant is fatally defective, and it was error in the Court to refuse to arrest the judgment rendered upon it. Judgment reversed. T. W. Thurmond, Peeples & Stewart for defendant in error. L.B. Anderson, Sol.Gen., by A. W.Ham mond &,Son for the State. Isham Weaver, plaintiff in error, vs. David vid Ogle tree. et. uL executor, defendant in error. Assumpsit from Newton. BROWN, C. <L When a son hadi in several instances, used the name of his father by signing it as surety to notes given by the son, and the father, with knowledgoof tbo fact that such use had been made of his name, directed the holder of a note so signed, who applied to him to have' it divided and two notes given, that part of it might be applied by the holder to a charitable use, to see the son about it, which ho did. and the son agreed to have it arranged as desired, and in a day or two presented to the holder the two smaller notes in ptace of the one for the same sum, which were accepted by tho holder in the belief that tbe new notes had been signed by the father, as be made no objection to the gennineness of the note presented to him in Uen of which the two were received, and the father afterwards, when sued on one of the notes, plead non est factum, and the jury found for the plaintiff. Held, That this Court will not control the discretion of the Court below in refusing to set aside the verdict and grant a new trial, as tho facts made snch a case as authorized the jury to presume and find that tho son was the agent of tho father to sign the note, or that the father ratified tlie act done by tho son and made it his .own. Judgment reversed. Clark & Pace, forplaintiff In error. A. B. Sims, J. J. Floyd, fur defendant. Enoch Steadman, plaintiff in error, vs. Jame3 P. Simmons, defendant in error. From Newton, complaint, ete. BROWN, C. J. 1. The granting or refusing a continu ance, Is a matter in the sound discretion ol the Court, and that discretion will not be controlled by this Court, except in cases of manifest abuse. 2. Tho relief act of 1S6S, does not apply to contracts made, or notes given on nettlo- tneut of accounts since 1st June, 1865; and it is not error In the Court to rule out the evidence offered to support the usual relief pleas, when filed to a note so made since JunelS65. - 3. A defendant when sued, may acknowl edge service, anil waive copy,- process and filing in office before the session of the Court, and ho will not afterwards as against the plaintiff! be heard to object that tho writ was not tiled twenty days before Court. 4. It is not error in the Court when the jnry return an informal verdict, to permit the counsel for tlie plaintiff in whose favor it is round to write out a proper form in ac cordance with their intention, in their presence, and in presence of tbo Court and tlie opposing counsel. But if counsel for defendant objects, and the Court sends tbe jury back to their room to make the calcu lation and put their verdict. in form; ahd they do so, and find intercston their pvinci- S al sum in tavor or the plaintifi, when he oes not claim interest, the Court may. by order, allow the plaintiff to write off the interest and sign judgment for the princi pal sum only, without interest. 5. As tliis Courtis satisfied from- the re cord and tacts of this case, that tbe defense set up to these notes was intended for de lay onlv, and that tlie case was bruught to this Court for that purpose, we award to the plaintiff'in the judgment rendered in tbe Superior Court against the defendant, the sum of $753 55 damages, being ten per cent, upon the amount of the judgment rendered in favor of plaintiff In the Court below. Judgment affirmed. A. B. Simms, Clark JrPace for plaintiff in error. James P. Simmons for defendant Harry Camp, plaintiff iu error, vs. James M. Pace, defendant In error. From New ton. Set off. BROWN, C. J. A dormant judgment will not ire set off on motion against a judgment not dor mant unless there are peculiar equities be tween the parties which require it, or man ifest injustice will be done to the owner of tbe dormant judgment, by the refusal of the Court to allow the set off. No such state of facts appears by this record as will authorize such'set off. Judgment reversed. A. B. Siratns for plaintiff in error. Clark & Pace for defendant. The Nacoochee Hydraulic Mining Com pany vs. Hon. Charles D. Davis, Judge Superior Courts of the W. Circuit. Mo tion for Mandattias Nisi. BROWN, C.J. In this case, tlie Nacoochee Hydraulic Mining Company, filed a bill in White Su perior Court against J. R. Dean, Jr., the allegations in which are not necessary to be here stated. Upon an ex parte applica tion, made to the lion. Charles D. Davis, Judge of the Snperior Courts of said Cir cuit, hegranted an injunction against Dean, the deteodant. Some time after this export* order grant ing the injunction, the ten days notice re quired by the Statute, was given, and a mo tion made to dissolve the Injection. After baying beard the parties for and against the motion, his Honor, the Judge, passed au order dissolving the injunction. Within thirty days from tlie hearing, the Solicitors for complainants tendered their bill of exceptions to the decision of the Judge dissolving the injunction, and pray ed that it be certified and sent np to the next June term of this Court. Judge Da vis certified that the hill of exceptions was trne, but retnsed to order the Clerk of the Court to certify and send up the record to this Court, but did order to enter the same of record in the Superior Court, under sec tion 4191 and 4191, of tbo Code; the Conrt bolding that the case was still pending in ..... . . . the Snperior Court, and that the decision, WILLIAMS, of Morgan, said he was not t i, a( j been made as the complainant claim- too late, and he would swear it. e( j n ghould have been, would not have been SPEAKER then said that the question a final disposition of tbe case, was on original resolution; Upon this state of the facts the com- Message from the Senate, asking concur plainant’s Solicitors now appear in this rence in resolution authorizing the “Gov- Court, and pray that a mandamas nisi do ernor ?’ to draw his warrant on the Tie as- 1 issue to Juoge Davis, calling upon him to urv for the pay of officers, clerks, etc. j ,, “ s - «t>nnid nnt <ttn»>t the — . ■ ~ *• - ~ * - “ —i-! Mr. SCOTT, of Ftoyd, again called for ment upon this point saems to bo snper- ed by the Judgo in vacation was excepted to by the defendant and brought up to this Court, without having made any motion before the Judge to revoke or dissolve the injunction as provided in section 3151 o' the Code. Held: That tbe granting of the ex parte order for the injunction was not such » judgment, decision or decree of tlie Jiulg, heard at chambers as enables the defendant to except the same and bring it before this Court by writ ol error UDder section 4192 of tbe Code.. In Poweil vs. Parker, ct. aL decided at tha last June term, we held that where » chancellor on the bill being presented to him ordered that the defendant show cause on a day mentioned why an injunction should not be granted, and that in tbe mean time the defendants be enjoined till the fur ther order of this Court, and on the hear ing, the Judge having refused tlie injunc tion : Held. That tbe temporary injuction expired of its own limitation when the in junction was refused at tiie.Aeariny and that no validity could be given to ic pending tho proceedings in this Court by bond given by complainants, which is claimed to ope rate as a svpesedcas of the judgment re fusing the injunction. We are satisfied .these decisions are cor rect and that they establish tlie proper prac tice. Wo see daily the evidence of injus tice and wrong done by the improvident exdrcise of tlie power to grant injunctions ex parte in vacation. Mucli the better practice when an Injunction is asked, is for the Chancellor to refuse to act upon it till both parties. are notified and have a fair opportunity to appear before him and be heard. Any judgment, order or decree rendered by tho Chancellor on such hearing is such a judgment, order or decree as may be brought by bill of excecptions to this Court. We admit that the Chancellor has the power in tbeexercise of a sound discre tion, to grant an injunction in vacation upon a mere cxparte application without a hearing. But tills should be done only in extraordinary cases, where irreparable in jury is likely to result from tlie delay nec essary to a hearing. Such ex parte orders are from their nature temporary, and ex- S lre whenever the parties cotue bofore tlie udge and there is a hearing, when no »n swerhas been filed and the bearing is upon tho bill alone. If ten days notice is given by tlie defend ant. and a motion is made to dissolve the injunction, and upon tbe heating without an answer, the Chancellor orders it to be set aside or dissolved, the ex parte order be comes inoperative from that date, and can not be kept in force by a bill ofexccptions. which is claimed to operate as a supersedeas of the judgment rendered at the heating. If a complainant wishes to obtain a judg ment of the Conrt granting or refusing the injunction, which ho can bring up to this Court, he must notify the opposite party, and there must bo a hearing before the Judge. When this has been done, any judgment rendered or order granted by tlie Judge, Is a proper subject of a bill of ex ceptions. And if, on such hearing, the Judge grants an injunction, and the ten days notice is afterwards given of a motion to dissolve it, which is done, that decision may also be brought up by bill of excep tions. and upon the giving of bond a* pro vided In such cases, it operates as a super sedeas ot tho last judgment and continues in force, the first Judgment granting the injunction after notice to the defendant and a hearingof the case by the Chancellor. Under a different rule irreparable injury may frequently be done under color of law. An unscrnpnlous complainant files his bill and swears to a state of facts upon which ho obtains ex parte an injunction, which, if continued, is ruinous to the inter est of tlie defeudant. So soon as the de fendant Is served with it. he gives the no tice, and in ten days, flies his answer, and swears off tho entire equity of the bill, and proves by a dozen witnesses that -every charge in it is false. Tho Chancellor, see ing the wrong which -has been done, promptly orders tlie injunction to be dis solved. But tlie complainant tiles his bill of exceptions and complies with the law, and thereby legally -retains tbo injunction in force by superseding the judgment ren dered at the hearing for six or tw-Ive months, till the case can be heard in this Conrt. The law was not intended to sus tain any such practice. And a Court of equity should never bo used as tlie instru ment for the perpetration of sucb injustice. tt r o therefore refuse to grant an order su perseding the judgment of Judge Davis at the hearing in this case, and directing that tho ex parte order granting nn injunc tion without a hearing be continued in force. But wo direct that the mandamus nisi lie issued requiring His Honor Judge Davis to show causo by written statement, which be may send by mail to this Court, if more convenient to him, or otherwise as he msy think proper, on the , why lie should not direct the Clerk of the Superior Court of White county to certify and send up the record in said case to tho next June Term of this Court. And it is further ordered that the counsel for movant notify the counsel for defendant, in said bill, of tlie time of bearing said motion in this Court, ten days previous thereto, that they may appear and show cause also, it they desire to do so, why said mandamus should not be made absolute. McCAY, J., concurs in the judgment but not in the reasons for it. David Irwin, James M. Brown, for ap plicant. Roff, Sims A Co, vs. Wm. M. Johnson Homestead, from Monroe. McCAY, J. •how cause why lie should not direct tbe Discussion of Relief Resointion con- 1 ulerk of the Superior Court of White coun- tinued. -y, to certity and send np the record to the Mr. RICE, of Columbia, opposed it. He' :,ext term of tils Court. And -that In the admitted he was a carpet-bagger, but as a meantime a supersedes* be ordered by this business man, he opposed it. Mr. BETHUNE. of Talbot, spoke in fa- Court. The question of practice presented by vor of relief. The Supreme Court had this case is an important one. and we pre busted the relief law. and tbe Justices’ ter to hear counsel on both sides before any Courts were after the people with sharp decision is made. In the meantime we de stick* for all amounts as high as $100, and dine to grant any order superseding tbe the Justice, feeling himself the plaintiff V judgment of the Court below dissolving the collector, would always give judgment for injunction. full amount. He was much exercised about. As this Conrt is not a Conrt of original jurisdiction, and no judgment has been Mr. LANE.of Brooks, favored thereso- rendered in this case by this Court, we lution. Pending his argument. House ad- doubt our power to pass any such order if journed until 11 o'clock x. u. to-morrow. the cage were such as in our opinion made [In report yesterday, the member voted j * £“ t % 8 |7 M ° n r k P Si s noth i D} ; for tlie 4 _ for, was Harrison, of Hancock, (c). Har- ( pertedeas to act upon in this case. By sec- rison, of Franklin, is a white man and s 1 tion 4192 of the Code, it is enacted that, The right of a family of minor children to a homestead. Is a sufficient estate to justify the Judge of the Superior Court In appointing a trustee, and said trustee or guardian, or next fried of the family of mi nors may apply for such homestead in their behalf. Tbe minor children of a deceased father are entitled as against the creditors of tbe father to the homestead and exemption provided for by art. 5, see. 1 of tbe Consti tution of 1868. The homestead and exemption for a fam By of minor children, being in pari mate ria with the laws allowing dower to the widow and minor children, is to be con strued in harmony therewith; and sucb family of minors take said homestead and exemption subject, to tho doWcr in the same and to tbe year’s support. The effect of said homestead ahd exemp tion upon the right of tbe heirs at law, if any such there be, who are of full age, it is not for the creditors of the father to liti gate on the application for the homestead Tbe said heirs as snch can not be parties to the proceeding, nor can their rightsbead- judicated therein, and this Court, they not being parties, makes no judgment upon the question. The creditors of the father, out of whose estate a homestead and exemption is claimed for his minor children, may make objections to tlie regularity of the proceed ings, contest tbe right o' the applicants to be considered “the family of minors” of tho deceased, and make any of the-other issues, proper to be made before the ordi nary, as provided by the statute tor setting aside the homestead. BROWN, C. J, concurred, but gave no written opinion. WARNER, J- dissenting. It appears, from the record in this ease, that George Ward died in April. 1869, intestate, leaving a wife and six children as his heirs at law, four of tlie children only being mi nors. Application was made by a trustee, appointed by tbe Conrt Tor the minor chil dren, for a homestead, to i>c set apart out of the real and personal property of tbe intes tate. for the benefit of Ids minor children. Held, That under the laws of this State, on testate’s estate which tho widow and the wo adult children areentitleo to Inherit under tbe law. for the simple reason that that portion of his estate is not the proper ty of the minorchildren. but the |iro|K-rty of other persons. The minor children are entitled to a homestead in their own prop erty. Inherited from the intestate, within tbe limitations prescribed by tlie Home stead Act, as against the creditors of the intestate, according to the former ruling of a majority of this Court, and I am willing they should have it, but can not hold that they are entitled to a homestead In tho property of other people, which does not, under the law, belong to them, and to which they have no title. But It is said the intestate might have applied and hud tl>« homestead 6et apart in Ids lilt-lime, as the head of his family, and. therefore, the mi nor children, by their trustee, may now no what the intestate might then have done. The reply is, that as the intestate did not •jo so In uis lifetime, the general law of the •State declans that persons who shall lie . entitled to his property alter his death.aud . but for that general law of the State, rile ■ rusteeof tile minor children would not novy be entitled to ciaimahoincstead in any portion of tho property for them, in their own right; for the minor children of the intestate, nor their trustee had no right to claim a homestead in the intestate’s prop erty during his lifetime. The 13th erction of the Act provide*, that if the husband shall refuse to apply for the homestead, his wife, or any person acting as her noxt friend may do so. and' not the minorchildren by their trusteeorgmmlian. ■ Ward, under the laws of State, might h vc created an Incumbrance on his estate by a mortgage in his lifetime, but as ho did not do so. hts heirs take the estate; unincum bered by any mortgage. So hg might have encumbered his estate by applying for, anti obtaining a homestead ihcre n. in his life time, but as he did not do so. his heirs take the estate unencumbered with-any home stead. ■ f - “V • When there.are minor children whose father is dead', and wlio-.have property in their oicn right, either by inheritance or otherwise, then their trustee ur guardian may apply for a'honlcsteaa irrnTac prop- ~ ett.v—The minor children must flrtt ob tain a Title) to'ffitr*propetty in their own rlgbtbcforuthelrtrusteeorguardian Is en titled t* claim a homestead therein in tlieir behalf, just as the minor children of .Ward have done in tbU case, as the lielrs-ut-law of their deceased father. In that property so inherited by them, tho minor children o f Ward are entitled to a homestead, hut not in the property of his other heirs, who are not minor children, and to which the minor children of the intestate have no title. They did not inherit the homestead from the in testate ns his heirs-at-law. as the same was never applied for or set apart to him In his llte time. Their title to any portion or the Intestate's property, in which they are en titled to a homestead under the Act. la just that portion of it which the general law of tlie State cast upon them as his heirs, and no more. Such, in my judgment, is the fair and proper construction to be given to the homestead Act for the benefit of minor children who ate represented by a trustee or guardian. A.D. Hammond, J.F.Pinckard forplain tiff in error. ' R. P. Trlppc, TV. D. Stowe for defendant. F. A. Thomas vs. Joshua Knowles. Con-* federate contract, from Newton. mccay; j. A promissory note given in March. IS64, for Confederate money borrowed, payable 1st January, 1806, in tho “commonly re ceived currency of tho country at that time,” is within the ordinance of 1SG5. and the rights of tho parties arc to b.t adjusted according to that ordinance. It is error In the Court in such n ease, to chargo the jury that they are to sealo the note according to the gold or intrinsic value of tho consideration at any time. One of the matters for the consideration ot the jury, is the length of time the note was to run without Interest; another the mutu- ’ ill risk the parties agreed to take of the rise or fall of Confederate money, and the jury are under all the facts to find, nccord- 1 ng to the true equities of the parties un der the contract. Judgment reversed. Clark & Pace Tor plaintiff in error. Hammond A Welborn for defendant. U. & T. M. W hitc, vs. A. H. Lee. Confed erate Contract. Newton. McCAY. J. A contract made in 1864. to deliver cot ton in consideration of so much Confeder ate money. I* within tlie Ordinat.ee of 1965 for adjusting Confederate contract*; and in adjusting tlie equities between the par ties in sucli a case the Jury are not con fined to the specie value of the considera tion at any time, nor to the specie vaino of the cotton at the time it was to be de livered; they may, under the ordinance, consider the value of the consideration and of tbe cotton at any lime, and find what, under all the circumstances ol the con- . tract, is a true equitable adjustment of the rights of the parties therein; and it is er ror in tho Court to confine tlie Jury to tho specie value of either the consideration or the cotton at any particular time. When in consideration of live thousand dollars. A contracted, in February. 1864. to deliver to U, by tbe 25th of December. 1864, six tiKMuaad - five hundred and seventy- eight pounds of cotton; and it was in proof tliat before the action was brought cotton was worth from IS to 40 cent* per pound United States currency, and tlie Jury found’one thousand one hundred and Any one dollars for tho plaintiff. Ntld, that it was error in the Court below to grant a new trial. Judgment reversed. J. J. Floyd for piaintiffin error. D. F. Hammond for defendant. Turner Horton vs. Wm. M. Clark, Execu tor. Mortgage fi. fas. Illegality, from Newton. McKAY, J. A judgment foreclosing a mortgage is not within the Acts providing for the dor mancy of judgments. 2d. The Act of •, 1856. providing that judgments shall be presumed paid off and satisfied upon which no execution shall issue in seven years from the date of tho judgment or if an execution 1ms issued, if no entry be made on the same within seven yesrs, does not render said judgments dor mant but satisfied and was suspended by the various Acts from I860 to 1885, sus pending the statutes of limitation. Judgment affirmed. P. L. Mynatt for plaintiff in error. W. W. Clark for defeudant. stanneb Democrat] D. H. Wilcox & Co- vs. Charles Strong. Complaint, from Newton. WARNER, J. When an action was instituted by the plaintiff* against the defendant to recover tlie value of sundry bags of I’iiamix Guano, and tho defendant plead that the Guano was not a merchantable article and not reasonably suited to the use for which it was purchased, and was worthless as a fertilizer, and tbe jury on the trial of the case found a verdict for tbe defendant. Held: That this Court will not control the discretion of the Court below in refusing to grant a new trial when there Is sufficient evidence in the record to sustain the ver dict, and no rule of law violated in allow ing the evidence to go the jury, or in the charge of the Court. Judgment affirmed. A. B. Simms, Jno. J. Floyd, for plaintiff* in error. Clark & Pace for defendant. George M. Rhodes vs. James Ganladett, Trustee. Equity from Monroe. WARNER. J. On tlie 10th day of September, 1863, Pinckard conveyed by deed a tract of land, in tho county of Monroe, to Gauladett in Ids own right to one-third thereof, and to Gauladett, aa trustee for Mrs. Hardi-c and her children, and Mrs. Irwin and her chil dren for the other two third?, Mrs. Hardee and Mrs. Irwin being the daughters of Gauisdett. By tbe deed of conveyance Gauladett, tlie trustee, is expressly author ized and empowered, without an order of Court, to *ell and dispose of said property at such times, and on such term*, as he may deem best for the Interests of his said cestui que trusts, and to reinvest the same in such property as may be most for their benefit. On the 9th dav of November, 1866. Gaula dett bargained, sold and conveyed by deed tbe death of the intestate the title to his: to Rhode* the track of land, conveying his . * _ _ — _ jl - - — — — * Z —- l.Ia k-t mm —> * 1^ • r— „ . i 1 * a — #1 iifiil . • /1 t M fmnlif- n a a .. .2 I .. - ,1... A* Terry Supreme. The following will show the Attorney- General’s opinion of Terry’s power; The papers sent to the Senate yesterday, by the President, included tbe dispatches from General Sherman, authorizing Gen eral Terry to exercise his own discretion as to the eligibility of members of the Georgia Legislature, and approving his course, Terry being, in the opinion of the Attorney-General, the only power In Geor gia, other than that of Congress. ■ either party in any civil cause, and the de- i fendant in any criminal proceeding in the ! Superior Courts of this State, may except to aDy sentence, judgment, or decision, or decree of such Court, or of the Judge there of in any matter heard at chambers. This section of the Code evidently con templates a heading when both parties are before the Judge before tbe decision can be brought up to this Court by bill of ex ceptions. In the case of Johnson vs. Stewart deci ded at tills term, this Conrt ruled as fol lows: When an injunction is granted upon an ex parte application of tbe complainant real estate, vested in his heir* at law as well thoso who were of full age as those who were minors, and that tho title to Id* per sonal property was vested in the adminis tration or bis estate for the benefit of hi* heirs and creditor*, and that there was no homestead applied for or set apart to the intestate as the bead of a family in hi* life time; that the minor children are only en titled to have a homestead in sach’ptfrtion of tlie Intestate’s estate as tliev are entitled to inherit, or to have distributed to them. undivided interest therein, as well a* that' of his certulque trusts as trustee, as author ized by the original deed of conveyance from Pinckard, for the sum of five thousand dollars, and took Rhodes' note for the pur chase money, payable to himself and as trustee as aforesaid, or to bis order at any of the banksof Savannah, due on the first day of January, 186S. the pay ment of which note was secured by a mortgage on tho land conveyed. Rhodes went into tho posses sion of tho land and has remained in tho under the law. in ease there had been no! undisturbed enjoyment of tho same, the debts due and owing by the intestate’ uote not having been paid at maturity.tho at tho time of his death; that the minor; mortgage was foreclosed without any de- children are not entitled to a homestead; fhnse having been made thereto, and a suit under tbe provisions of the Home-! at common law was also instituted on the In the blU, which et parte order so grant- stead Act, to that portion of the in- jCsacIeacd en Yoarlii Page.’,