Newspaper Page Text
a. r
THIS CONSTITUTION.!
«Y W. A- HEMPHILL & CO.
I. W. AVKUY, Kdiror.
TERMS OF SUBSCRIPTION :
WEEKLY CONST nUTTON, per annntn... t X001
*jx months.... 2001
DAILY CONSTITUTION, per annum. 1000
tlxmontha 600 |
one month 100
fMT’No name mlerol on the snlucription book
until the ntonrv HmM.
H> M'VCltTl.'KMKNTS tn-ertert at one dol
lar Inr -purr of tea line., or .pare to that amonnt.
VOLUME m.i
ATLANTA, GEORGIA,
, JULY 12, 1870.
INUMBER 17
^rt'i^e.^i’ittioot n£rSl>tcngthofOrSESmtii I we * ,c »ri*d to announce, reconsidered that | pie. Even now therp la no serious conflict,
or i(i«» |.oMUh«<i. | erroneous step and purchased the Lyon or | The {treat scarcity of labor and the sparse-
Neal bouse, in the heart of the city, in ae- . ness of our popnlation forbids it.
cordance with the Judgment of the pre3- The Chinese invasion will be viewed
ent age, whicii utterly condemns college in very different lights in the South
ATLANTA. GEORGIA, JULY 12.
The Plantation.
dormitories and the asceticism thereof du-1 and in the North. Here where there Columbus has had a grand railroad jobl-
Wcare pleased to learn that the works ring the training period of a young man’s j is a very great demand for agricultural and
of Ocorge Veil!, superintendent of the life. j unskilled laborers, the advent of numerous
Emperor;Napoleon's farms, and Expert- In that building the President and Fae- ] Mongolians would probably, at present, he
Georgia .News.
Savannah is to have a new opera house.
Dalton has a keno establishment.
Lumpkin is to have a Base Ball club.
mrnter in manures, are to be translated | ulty can, as soon as possession is had.
and will be published in Tbe Plantation. open the institution. In genteel families
It will be published in a series of num- in tbe city tbe students and faculty can
bers, which will probably run through tbe obtain board, enjoy the privileges of socie
ty sues of that valuable journal daring the ty and be protected from many of the
next twelve months. We almost envy onr temptations and inconveniences tbat beset
confrere. Colonel Howard, tbe privilege of and surround those, who have to manage
reveling in ibereadingof the original copy and attend upon institutions of learning in
of a work so valuable as we are satisfied isolated locations,
tlic proposed translation will be. Oglethorpe has done right to purchase
• 77., , the Lyon property, in the heart of the city,
tar In the present political condition of and Mcrccr Univere ity will be wise to io-
tlic country, men must array themselves catejomgwbeia [ n the center or our town,
against the “corruptionists,” andwarmly, , fftbeIn a stone’s thrown of Ogle-
too. or they wili be ranked with them. t j, 0 rpe.
When the people have an opportunity to 1 we g p ace we could particularize
apeak, their tone will not be “ moderate. many factg anJ j ngta nces to prove that
Trimmers and stealthy nlbhlere at the pub- modcrn Md universities are al-
lic crib will stand appalled at the inffijt- I ways tbe most successful and useful when
nant voice of an outraged people, whose loc^^j j n tbc heart 0 f large and growing
silence under duress they imagine gives cUlcg
consent to numerous infringements upon
their rights.
Industrial Schools for Females.
In conversation with a Georgia lady who
The Chinese.
’ Henry Ward Beecher, It is said, slyly,. . ..... . . , ,,,,
put on the canonical robes of a Homan heroically fighting the battle of life, our
Etholic priest and had bis photograph attention was foreIM,-called to tbelmport-
Ukcn. He went to a picnic. In sport he “» «* tbe establ shment of Industrie
wan charged with secretly “going over to for females, in which they cou d be
Home.” A jury of ladies was empaneled ^‘various useful arts suited to their
to try him. An accomplice produced the whcreb y ihcy tnay be able Diversify
aforesaid photograph, which proved the ‘^ir pursuiu and earn an independent
charge. The verdict was “guilty.” The livelihood.
punisbmcntCf) was to be kUsed by six of «" this day of rest, perhaps no more holy
the .fore-aid jury. Ho suffered the penalty W ca " be performed than to plead the
with Christian resignation, and was spirit- caU3 f of patient, sorrowing women, many
ually much edified. That Beecher Is a wag of wbom In our clt r> “ wel1 as
of a preacher I are now * eTen now » *• ntter despair of
p earning an Iionest livelihood, or are suffer-
I iug the tortures of anxiety or account of
the prospect ahead of them, in the event of
The excitement in regard to the Chinese misfortune to themselves or those upon
abuc-makers waxes warmer every day. It whom they are dependent,
is assuming serious proportions. The late war wrought great changes in
The importation of Chinese into the the pecuniary and social condition of the
Northeastern States Is ruinous to ihe work- people of this section of the country. The
ingmen if they succeed In learning trades, most crushing weight of our disasters has
as have those at North Adams, Massachu- fallen upon the white women of tbe South,
setts, in learning the shoe-making art. It I And then think of the impovished wo
ts therefore very unpopular there, and, we men and girls, unskilled in any industrial
think, justly so, for the very reason that by pursuit whereby they may earn an honest
working for wages upon which a civilized livelihood! How important that they be
American or European cannot live, they I afforded an opportunity to learn some one
impoverish and render usclesa a large and 0 r more of the many trades or callings
respectable class of citizens who are wil- gutted to their sex that would afford them
ling to work for living wages. an honest livelihood.
Unless the agricultural laborers of I The investigations of philanthropists in
African descent change their animus I the Northern cities have developed the fact
the importation of Chinese to work on the that out of the many impoverished women
farms and plantations of the South will I who seek employment as seamstresses,
become a necessity, and may be advocated clerks, saleswomen, school teachers, etc.,
upon the soundest principles of pnblic etc., a very few are found sufficiently skill-
policy and economy. •■'.*. I cd to earn first-class wages.
The negro is the best agricultural laborer This is due, not to their real or supposed
we can find, provided that he will work and inferiority to men in capacity to learn, but
faithfully fulfill his contracts. If be will rather to the fact tbat females, in their
not do this, then it will be necessary to im- rearing, are required to learn a little of
port Chinese, if European immigrants will numerous pursuits, and are hence rarely
not coma southward and occupy our lands, well skilled in any one of them.
Capital should not bo permitted to over- Men generally confine themselves to one
slaugh and oppress tbe skilled, civilized and calling, and few of them know even a little
willing laborer. When it undertakes to about any other. Hence their superior
destroy .his usefulness, and to starve skill in many callings in which women fail
him, it is tyrannical,and an enemy to civil- if they attempt to pursue them
Izatlon; but when the idler and the drone Does not common sense indicate tbat be
ts consuming the substance of the people, sides the schools in which tbe mind, morals
and refuses defiantly to fulfill solemn con- and manners are trained, there are needed
tracts, the faithful laborer must be substl- schools in which females may he spccllic-
tuted for. him, even If he be a heathen. It I ally trained in some one or more of the
were well if a certain class of tho present I industrial punnits salted to their sex and
citizens at tbe South would heed the signs tbe tastes and talents of each pupil ?
of tho times. Were these hints seriously considered,
and if intelligent, earnest and benevolent
College Dormitories—Oglethorpe men and women would follow them up,
and Mercer. ' much practical good could be effected by
In times long ag^ToTwhcn the monastic c ? ublUhmel ! t ° f *■*■*■“ * ahoo JL 8 for
orders founded and controlled collcges[ c “ alc8e r7 where in the South. There
where youth were trained for holy orders, 18 *** for one or more right
connected with the foundation wercdor-“° w *“ Atl ? nta ’ wbcrc thoro 83 t tbe
niltorlcs and cells, where asceticism lady referred to asserts, many worthy girls
practiced a. a part of tbe discipline pre- struggling for an honest livelihood, who
paratory to entering upon their profession. aro P* 10 ™/ aware of of 8k l ‘
Cambridge and Oxford, in England, were in industrious pursuit, and would
foundations of this kind. After the Refor- U 1 " 1 * cntcr such a Mh001 for instrnc -
mation, these institutions were seized upon, | ** 0Bai
Harvard College.
On the 29th of June the dissertation
regarded as portending better times. Not
so in the North where the supply of even
skilled labor exceeds the demand; where
greedy capitalists, takiDg advantage of this
fact, are disposed to reduce the wages of
working men below living rates.
Should Chinese laborers be employed to
work our farms and plantations, the neces
sities and motives for the adoption of that
policy will be found to be the very oppo
site ot those which have instigated Hr.
Sampson to introduce them into his shoe
shops at North Adam3. We would be sup
plying a demand for labor from a foreign
source simply because our home supply is
deficient. Not so tbe greedy capitalists
and money rings at the North, who arc
patting Mr. Sampson on the b^ck and re
joicing over the trlnmph, which, through
his Yankee ingenuity, he seems about to
achieve for heartless capital over skilled
and willing labor.
Tlio Kail roads—A Plea in Behalf
of the People.
The numerous railroads which, in the
fall, spring and winter, derive large profits
from tbe transportation of Southern pro
duce and supplies for the Southern people
are earnestly, appealed to to consider favor
ably the policy of reducing the tariff of
charges for passengers to three cents
mile until tbe first day of November next.
The considerations which urge this are:
the great scarcity of money in the planting
districts at this season of the year, tbe ne
cessity on the score of health, and tbe fact
that the very people who would be bene'
fitted by the proposed change in the tariff
are the principal customers of the railroads
to which this appeal is made.
The companies may reply that they issue
thousand mile and commutation tickets at
the rate of three cents a mile; but avast
majority of those io whose behalf we plead
do not wish to travel as many as a thou
sand miles, nor havemany of them enough
money at one time to buy commutation
tickets, if necessity or pleasure-seeking in
duces them to gravel,
In behalf of the people we make this ap
peal to all the railroad officials in Georgia,
Tennessee, South Carolina, Alabama and
Virginia. We believe they will reap profit
by complying with the suggestion made,
while, at the same time, they benefit their
chief customers.
The attention of the membersof the press
is respectfully called to the above. If they
approve of it, we know they will confer
substantial benefit upon the people, who
are now cramped for means on which to
travel, by commenting upon it favorably.
tSTThe Memphis papers contain full
particulars of the duel bewcen twoyeung
lawyers named Phelan and Brlzolara, in
which the latter was shot through the
heart. They fought with navy sixes at tbe
distance of fifteen paces. It was agreed
that, after they began firing, each was to
maintain his position and continue firing
until all the barrels were emptied, or until
cither party fell. Brlzolara fell at the
second shot of Phelan’s pistol. The
wounded man’s life is not despaired of by
bis surgeon. The affair grew out of poli
tics. Both parties are Democrats.
and (as the buildings were already in ex
istence,) they were made to subserve tho
purposes of education under tho changed. T
J3E at as*. n. ..a “*
refectories were appropriated as dormito
ries for tho students and professors. Old
I awarded as follows:
Three-year Students.— Subject,
•The
_ , , V, V Proper Scope and Limit of Expert Testl-
oificlal titles were reU n«J, and a surveit- to Taylor Hoaguc, or
iancc over the pupils, similar somewhat to s ’ ccon d, to Oliver J. Brown, of
that of the monks over their novitiate, and com p Ctitors .j
acutes, was,., somo sort maintained. £ wo . year ^dcnfo.4ubject, “Is More or
When the English colonists established! ^ Evldenc0 jj c< j Ulrcd to establish
un versitics and colleges, an at empt at Fraad in Courts of L*w than in Courts of
imitation of Oxford and Cambridge was Flrst> toJamcs Jefferson Myers,
made. Onr colleges «^re considered in- L^n-wsburg; New York {second, to Julius
complete without dormitories in which to L B AUanta , Georgia . [Twelve
lodjzc, nnil commons in which to board all I . «
the students. H^bit, prejudice an <l a dis - ^Qnc-year Studcnts.-Subject,‘-To Wbat
position to ipitato the customs of Father- with what Q Ualiflcatlon , com-
Uml lead to this. munlcation by Telegraph Comes within
Time and *”^£*£* «”"** the Law of Bailment First, to Austen O.
^ City 5 second, to Mar-
U,e prejudices which dictated this servile I Rosenthal, of San hranclsco. [“Four
imitation of tho old English colleges by ]coaapeUtora.]
institutions of a like character on this con-
lee.
Pike county has been visited by a severe
hail-storm.
W. A. Huff is" the President of the Hoff
Boat Club of Macon.
Grass is making rapid strides in Newton
county.
The guard house lot at Macon is filled
with dogs taken up for roaming at large.
Colonel E. Steadman has gone to Rhode
Island.
The Catholic Chnrcb, at Macon, ls out of
debt.
The Macon printers’ picnic was a grand
success.
The census returns of Columbus show a
population of 9,000.
E. T. White has taken charge of the
McDowell House atNewnan.
Coweta Superior Court, adjourned term,
begins on tho 3d Monday in July.
The Atlanta Judicial Circuit is without
a Judge.
Rev. Posey N. Maddox, an eminent
Baptist divine, died in Pike county, on the
4tb instant, aged 09 years.
There are only one hundred and eighty
dogs in Columbus considered of value
enough to wear badges.
Savannah shipped last Thursday one
hundred and forty mocking birds to New
York.
Tho will of the late Edward Padclford,
of Savannah, will require *7,500 worth of
stamps.
August Elder, a “15th amendment” of
sixty-five summers, was married on the
streets of Newnan.
The colored Baptists of Augusta are
building a new church on alot donated by
the City Council.
Next Tuesday is the day for the monthly
Fair for July, of Cobb county Agricultu
ral Society,
Tho Aaron Alpeoria Bradley wing of the
Radical party had a meeting in Savannah
on Wednesday
The Cotton States, Mechanics and Agri
cultural Fair Association, of Augusta, has
been incorporated for twenty years.
The Appleton Church Home has been
opened at Macon, with a ltbcral endow
ment.
A gentleman and his young wife are on
the point of starving, in Macon, within a
stone’s throw of the gentleman’s father.
Bev.T. G. Stewart, 15th amendment, of
Macon, is opposed to Union Leagues for
political purposes
The commencement exercises of Wes
leyan Female College, at Macon, commence
on the 8th of Jnty,
J. P. and J. H. Kennerly, two refugees
from Tennessee, killed Grant Bill Hollo
way, colored, at Bnena Vista, on the 3d
instant, and left for parts unknown
Three 16th amendments were struck by
lightning in Coweta county on the 2d.
The negroes were not killed, though sev
eral trees near by were.
The City Council of Athens have forbid
den the sale of wine in quantities less than
one quart in tbe city, without a license to
do so,
Athens is to issue town bonds to the
amountof $12,000, bearing 8 per cent, inter
est, to settle Mrs. Grady’s claim against
tbat bnrg.
Washington College, of Virginia, has
awarded a diploma to S. H. Johnson, of
Macon, for excellence in Latin, French and
English literature.
Muscogee county is no w in debt $7,741 55,
and the demands for county purposes for
this fiscal year, will, it is estimated, in.
crease the amonnt to $27,81G 55.
Hon. George H. Pendleton whs pres
ent at tbe recent commencement of the
Virginia University, and delivered an ad
dress, from which we extract the follow
ing:
JEFFEKSOM—MADISON—MONROE.
Jefferson himself is^thegreatest central
figure. His body bends under tho accumu
lated infirmitiesof eighty years. Hiscbar-
acter is strengthened and purified by the
cares and responsibilities of the gravest
duties, in peace, in war, in tile feverof rev
olution, in the.bcat of partisan conflicts, in
the conscious gravity of administration, in
the. calm repose ot declining years. His
intellect is cultivated and matured by the
studibs and observations' and reflections of
a life alternating between the halls of su
preme authority, and the seclusion of these
groves, and valleye, and mountains.
Beside him is Madison—calm, philosophic,
immovable—gentle and courtly in mati-
ners.'cafeful, exact, imperturuble in habits
of mind—fixed, unbending, straightfor
ward in the assertion of principles. And
Monroe, less cultivated, perhaps, than
either, hut high-toned, ardent, active, im
petuous, honest, honorable, pure—the tri
umvirate of Republicans—of whom it may
be said, now that the voice of party is
hashed in the presence of history without
trenching on the domains of partisan sus
ceptibility, that they illustrated and hon
ored the best days of the Republic. Here
were honor, truth, virtue, patriotism,
genius, intellect, cultivation, tbat knowl
edge and things; that practical solution of
affairs which makes the difference between
the dreamer and the wise man. Happy,
gentlemen, happy are ye! whose destiny
ias led your-y ’.-srs of study and prepara
tion Into tliis living presence, and to these
places where living, breathing, active men
have rivaled, by the beauty ot their useful
lives, the natural' beauty of mountain and
valley and outline and hue of this une
qualed scene. ;;
Mercer University.
Editors Constitution: The Sub-committee
of the Trustees of Mercer University are
now out on a tour of observation for the
purpose of making a report to the commit
tee of the convention of the various sites
and proposals for the removal of this Insti
tution, and for its permanent location for
all time. The University has already
good substantial endowment, mostly in the
Georgia and Central Railroad stock, and is
well organized; has an able faculty and is
warmly sustained and supported by one of
the strongest denominations of Christians
in the South. And it is the determination
of the trustees and friends of this Institu
tion to press their financial enterprises in
its favor until tho endowment is raised to
an half million dollars, Independent of the
value of its ground and buildings. It is
their intention to endow it, and to do it
speedily, with all the material strength and
resources necessary to place it, on an
equal footing or usefulness and eminence
with the best and strongest literary insti
tutions of the country. As an important
step in carrying forward their noble enter
prise, they desire to secure a permanent
establishment in connection with one of
our greatest and most prominent cities,
which, merits theadvantages of central po-
sition. -convenience of access, and an earn
est and generous co-operation in the great
work in which they are engaged.' All our
people must perceive, and docs perceive,
the importance of securing the removal of
Mercer University to Atlanta. Other cities
are entering into a vigorous competition
to secure this great boon to themselves.
The many objects that now engross the at
tention of this city—her prominence
amongst most of the cities of the State, and
her presuming too much on her advantages
of location, and her growing importance-
have produced a degree of self-confidence
that all will be well in this matter that will
ThejudgeswereLemuelShaw,ofBostori, defeat, it is feared, the expectations and
James C. Carter, of New York, and John hopes of our friends that Atlantawould be
tinent. .
Experiment after experiment has been I Lnthrop,of Boston
made with the dormitory system In our It will be seen that our young friend,
colleges, and uniformly with failure. The I Julius L. Brown, wins distinguished hon-
truth is that, In unison with the spirit of ers at Harvard. He is worthy to wear
our age, and In accordance with the de- them,
mantis of American civilization, the obll-
gations of family relationship constitute The Conflict of Labor and Capital,
no small part of the impressions that onght The substitution of Fagan Chinese for
to be made in training young men for roe- American and European working men in
fulness. I the manufactories of the North, threatens
Hence it is that our best conducted col-1 10 produce social and political complica-
leges and universities dispense with dormi-1 t j ons that may be very difficult to unravel,
torlcs altogether, and the young men are A conflict between capital and labor has
recommended to board in genteel families, existed to a greater or less extent in clvll-
whero the humanities of life are cultivated, I ] zc j communities ever since their organ!-
and through the influence of which they I aa tfon.
are protected and guarded against tempta- The increased intelligence of the work-
tlons to indulge in the grosser vices. | i nj: men of modern tiroes give this
For the last thirty years or more, our I CO nflict more importance, because on their
colleges, which were located in isolated 6 ide it is being waged more skillfully, per-
situations, have in general been removed to sistentiy and unitedly than ever before in
the larger or more populous towns and I th c history of the world
cities, the dormitory system abolished, thc Trades Unions not only exist in every
students boarded in genteel families near civilized country, hut there are Interna-
by the college, lecture and recitation rooms. 1 tional Unions of like character and aims,
Students must be associated with genteel that are compactly moving forward in the
families, else they will indulge in the battle with capital.
grosser vices which their isolated position I a superficial or unphilosophical view of
encourages. I the signs that now potend a fierce conflict
The necessity of removing Mercer Uni- will seriously mislead the statesman and
versity to a larger place than Fcnficld, betray political parties to many a false
where it was located thirty years ago, step.
arises out of the fact tbat students of thc 1 j n the Northern States this conflict ofla-
present day are not trained for a life of bor has been going on ever since the for-
asceticism, but for a living, busy, active, 1 mation of society there. In the Sonthem
progressive world. Hence, many advocate | States, in former times, the capital of the
Its focatiou in thc very heart of Atlanta. I people was almost wholly invested in
Oglethorpe College, too, which was un-1 labor, hence there was a practical recog-
wisely first located away out upon McDon- nition of the unity of interest between
ough street, in the suburbs of the city, has, * capital and labor in the policy of our peo»
the choice of the committee. This will
certainly be the fact, unless there is action,
immediate action, agitation and action
amongstonr citizens, and immediate and
strong action by the Mayor and Council of
the city. Nothing that now engages the
attention of Atlanta, nothing tbat can en
gage her attention, possess the importance
that this does. And yet, strange to say,
there is, to a large extent, apathy in the
city government. That apathy which must
and will induce the sub-committee to be
lieve, and so report to tbe body who sent
them, that appearances, and the manner in
which the subject is received and treated,
shows that the city and her people have no
very strong desire to receive the boon
which they have so eminently in their
power to secure. The -sub-committee
came to this city last Friday. There
has been no interview, no overtures
made to them in any shape or man
ner. When we contrast this with
the manner in which they were received
in the city of Macon, and the overtures
that were there made to them, we must
perceive at once the course which, as hon
est, candid men. the committee mu3t take
in acquitting themselves of the trusts com
mitted to their hands. They were at once
waited on by the most influential and dis
tinguished citizens of that place, and their
presence produced prompt and immediate
action by the city government. A choice
of five sites on the elevated ground above
the cltv was tendered, and one hundred
and twenty-five thousand dollars in seven
per cent, city bonds, with the strongest
Green E8BOEO, Ga, July 4,1870.
Editors Constitution: As you have so
licited contributions from different por
tions of the State, relative to the crops, etc.,
I propose writing you from this ancient
city. 1 find'the merchants here rather
“ bine” on accountof the dullness of trade,
though living on the hope of Tiaving a live
ly time next fall. Trade is exceedingly
dull and money, they say, has almost
played ont; the,farmers having invested
all in guanos and provisions to make
another crop. The farmers are quite jubi
lant over the prospect of having plenty of
money at the elose of the year. The wheat
and oat crop, already harvested, Is the best
that has been, made in several years. The
cotton is doing finely and there was never
a better prospect for a good crop of corn.
I have seen cotton stalks measuring forty-
four inches, which was about the average
of a six acre field.
The citizens generally anticipate quite a
lively time next week, being tue occasion
of the commencement exercises of -Mercer
University. The exercises will commence
next Sabbath, the 10th instant, and prom
ise to be of unusual interest. As they are
probably the lust that will be held atFcn-
tield, a large crowd is expected to attend.
I learn that lion. Charles T. Goode, of
Americas, will-deliver the address before
the Literary Societies, and Hon. John T.
Clarke, of Cuthbert, will deliver the ad
dress before the Alumni Association.
The exhibition of the Ugly Club, which
takes place on Monday night, will no,
doubt, be enjoyed by all. A gentleman in
Augusta lias sent up his name as a candi
date for thc Fresidency. Don’t you think
Atlanta can furnish a suit^ble candidate
for that ollice?
Respectfully, B. E. R.
The typos of Macon have a picnic ex
cursion to Pace’s Station, on tho Macon
and Brunswick Railroad, on Monday
next.
On different farms in Cobb county last
week, the laborers asked for an advance
from seventy-five cents to a dollar a day
for labor.
Allen Taylor, 15th amendment, found
guilty of horse stealing in Richmond Su
perior Court, has been sentenced to twenty
years’ labor for Grant, Alexander & Co.
Nat. Teagle, of Meriwether county,
reaped eighty-six bushels of wheat from
two and a half acres, and on one select acre
forty-two bushels.
As an evidence of the benefits of printer’s
ink the Dawson Journal cites the fact that
tbe editors were out of eggs and spring
chickens. Now they are wholesale dealers.
Ben. Butler, 15th amendment, has been
sentenced by Judge Gibson, of Augusta,
to four years’ labor for Grant, Alexander
& Co n for outraging a colored child.
The funeral sermon of Mrs. M. J. Cofer
will be preached at Fellowship Church, in
Butts county, on tho second Sunday (the
10th) in July, by the Rev. IV. P. Harrison,
D. D.
A “boy in blue,” at tbe Arsenal in Sum
merville near Augusta, outraged a little
white girl, seven or eight years old. His
comrades had to he restrained from making
a terrible example of him.
The'wife of David Smith, of Augusta,
was severely wounded on Monday by the
blowing down of a log hoase nearGran-
itcvilie, South Carolina, and his child
killed.
Rev. Dr. J. H. DeVotie, late pastor of the
Baptist church in Columbus, has accepted
the call of the Baptist church in Grifiin and
expects to remove there permanently next
week.
Three Clarks (two brothers and a cousin)
who reside near PowcrsvUle, had too much
4th of Julv aboard, and got into a row near
Fort Valley. The cousin stabbed one of
thc brothers in tbe arm. The wounded
man fired, hitting bis assailant in the leg,
and wounding his brother in tho hand. No
deaths.
Commencement Exercises of Emory
College, Oxford.—Commencement Ser
mon, Sunday, July'!?,by Rev. Bishop Wm.
M. Wightman.-
Sophomore Prize Declamation, Monday,
July 19,9J£ a. M» followed by Alumui Ora
tion, from Rev. IVeyman H. Porter.
Junior Exhibition, Tuesday, July 19, 8)£
a. m., followed by delivery of prizes to
Sophomore Declatmers and an address
by
Meeting of Endowment Association and
an address by Rev. Jos. S. Key, D.D- Tues
day afternoon.
Annual celebrations of Phi Gamma and
Few Societies Tuesday night. Address to
the former by Rev. Walker Lewis, and to
thc latter by Mr. W. T. Revil, A.M.
Commencement day, July 20th. Senior
Exhibition begins 8>£ a.m., followed. by
Baccalaureate address and conferring of
degrees.
Annual Literary Address to the Few and
Phi Gamma Societies, Wednesday after
noon, by Hen. L. Q. C. Damar, L.LtD.
Board of Trustees meet Friday morning
before commencement at 9 a. m.
such as at once put an end to the action, by
declaring that thc plaintiff has either en
titled himself, or lias not. to recover the
remedy he sues for. The 3519th section of
the Code declares that a judgment of a
court of competent jurisdiction is conclu
sive between parties, and proves, as to the
fact3 it decides, until reversed or set aside.
The judgment of a court of competent ju
risdiction cannot he collaterally attacked
In any other court for irregularity, hut
shall be taken and held as a valid judg
ment until It is reversed or set aside; and
such judgment cannot be set aside, either
in a court of law or equity, unless it he for
fraud, accident or mistake, or the acts of
the adverse party, unmixed with the neg
ligence nr fault of the party complaining.
Code, 3535—3537. The defendants in that
judgment do not complain of it, and if they
did. it would be conclusive upon them as. to
any defense which they had the opportu
nity to make, prior to the rendition of the
Judgment against them. The 17th section
of the 5th article of the Constitution of
1868, relates to contracts made in aid of the
rebellion, which have not been reduced to
judgment, and points out the mode of de
fense to suits on such contracts, but bos no
application to judgments. It is true that
the Code declares that a contract of record
is one which has been declared and adjudi
cated by a court haviDg jurisdiction, or
which is entered of record in obedienco to,
or in carrying outthe judgment of a court.
2675, but it is nevertheless a judgment of
the court, with all the elements, qualities
and attributes of a judgment, and as sucli
is not embraced or contemplated as one of
that class of contracts specified in the 17th
section of the 6th article of the Constitu
tion of 186S. This is more apparent from
the fact tbat the 5th section of the 11th ar
ticle of that same Constitution declares
that “all rights, privileges and immunities
which may have vested in, or accrued to,
any person under any decree, judgment or
order of any court, sitting in tills State
under the laws then of force and operation
tiierein. and recognized by the people as a
court of competent jurisdiction, since the
19th of January, 1861, shall he held invio
late by all the courts of this' State, unless
attacked for frand, or unless otherwise
declared invalid by or according to this
Constitution. The 6th section of tbe 11th
article of that same Constitution provides
for the setting aside and vacating said
judgments for fraud, illegality or error
of law in obtaining the same, provided
the motion or application he made for that
purpose in twelve mohths from tbe adop
tion of the Constitution. The judgment
of the plaintiff against the defendants
therein, lor which the defendant gave his
note, was a valid subsistin'; judgment, and
constituted a legal and valid consideration
for the note, and the defendant cannot go
behind tbat judgment, and show that it
was founded on an illegal consideration as
defense to tbe note given by him to the
plaintiff in payment of that judgment, tbe
more especially as it appears from tbe evi
dence in tho record that ho received the
horse for which the original note was
given, and sold him for more than: tbe
plaintiff got for him. In my judgment,
;lie Court below erred in overruling the
motion for a new trial in this case.
Cantrell & Kiker, D. A. Walker, for
plaintiff in error.
Wm. II. Dabney for defendant.
Thomas J. Thornton, plaintiff in error, vs.
Jesse McLendon, defendant In error.
.Complaint, from Troup.
BROWN, C.J.
As the evidence'iii the case was insuffi
cient to prove tlie insanity of the plaintiff,
who was a witness for himself, and no rule
of law was violated by the court below, this
Court will not reverse the judgment refus
ing to grant a new trial.
■ Judgment affirmed.
Speer & Speer, for plaintiff in error.
B. H. Bigham, (by Thomas Whitaker)
Ferrill, Hammond & Bro n for defendant.
Professor Robinson originated and car
ried out a novel idea in the Assembly-room
of the McIntosh House, Indian Spring, on
tbe evening of the 4th. A dance for the
championship was the feature of the even
ing. A number of competitors entered—
among whom were some well known, citi
zens of Macon, who are “chasing dnil care
away” at thc Spring. After a fair trial the
belt was awarded to Uncle John Cpten,
upon whose head the frosts of eighty-five
winters have fallen.
The work on the Bainbridge, Cuthbert
and Columbus Railroad is progressing
finely, and giving general satisfaction.
President Breton is undoubtedly the man
for the position he nowholds, and too much
cannot be said of him as a thorough busi
ness man. He is now having brick made
for the erection of one of the first ware
houses in the State, which the workmen
will begin on in abont six weeks, at Bain
bridge.
The interments in Atlanta, as reported
bv the City Sexton, for June, were: whites,
35; colored, 67; white paupers, 8; colored
paupers, 39. This mortuary report don’t
tally with that favorite boast of the At
lanta folks, viz: the hcalthfulness of their
city. This record shows more than four
deaths to Macon’s one for the month of
June. We hardly suppose they claim four
DECISIONS
—OP THE—
SUPREME COUKT OF GEOKGIA
Delivered at Atlanta, Tuesday, July 6.
(REPORTED EXPRESSLY FOR THE CONSTITUTION, BY
N. J. uarxond, supreme court REPORTER.]
Michael Fricks, plaintiff in error, vs. Ar
chibald Miller, defendant in error. Com
plaint from Gordon,
BROWN, C. J.
Tbe officers of a company in tho Confed
erate service, purchased a horse for Miller,
a member of the company to ride into ser
vice, from Fricks, the plaintiff. Miller
died, and the officers turned over the horse
to thc defendant, who was the father of the
deceased, who sold him lor more than the
officers gave Fricks for him. Fricks, in
1866. sued the officers for the price or the
horse, and obtained judgment for the
amount. Tbedelendant in the judgment
then referred the plaintiff’s attorney to
Miller, thc present defendant, as the person
who was to pay the "Judgment. He ad
mitted his liability, and gave the note now
sued on, in payment of the judgment, with
the understanding that if the Legislature
jassed any law “killing old debts,” he was
;o have tbe same benefit as if the note had
not been given by him: • ■ ,
Reid. That the satisfaction of the judg
ment against the officers, was a sufficient
consideration to support the note, which is
the foundation of this action, and that no
act passed bv thc Legislature would have
relieved the'defendant if -no note had been
given, and lie is. therefore, liable.
When a suit was brought since the war
in tbe courts of this State, recognized by
the Government of the United States, it
was the defendant’s duty to appear and
make his defense; and if he foiled to do so,
and perml '-d judgment to go againsthim
upon a note, the consideration of which was
illegal, he will not afterward be heard to
deny the validity of the judgment, unless
he can show that there was fraud, illegali
ty, or error of law in obtaining the judg
ment. If ho wished to set up the illegality
nonewlnuntinn * chnulfl llAVG CiOTIB
pledges of a warm, active and liberal sup- j times the population.—Macon Telegraph.
port by the people of that city and of the j The Maconites are too near the caloric
surrounding country.
This whole matter must and will be set
tled hr the 5th of August. The sub-com
mittee will he here but a few days longer;
they most make their report. The neces
sity of vigorous and immediate action on
our part must be apparent, unless we are
disposed deliberately to count oqrselvps
out the ring, and to yield up the hopp to a
wiser and a more liberal competitor.
Crriw.
regions to die; hence they seek Atlanta, a
spot nearer the skies, to dje at.
The Milledgeyilje papers call upon
all the journals in Georgia, id favor of re
moving tho Capital hack to Milledgeyille,
for the delendant’s son to ride as a mem
her of a cavalry company in the iate war,
and gave their note for the horse; that the
plaintiff knew for what purpose the horse
was purchased; that the defendant’s son
died, and after his death, the horse was
turned over to the defendant, who sold him
for more than the plaintiff got for him.
After the war, the plaintiff sued Collins
and the other makers of the note given for
the horse, and obtained judgment thereon
in 1866. Tbe note now sued on was given
by the defendant in payment of that judg
ment to thc plaintiff, and the question is,
whether that judgment constituted a legal
i consideration for tbe
Spencer Marsh, ot al, plaintiff in error, vs.
A. M. Lazcnby, defendant in error. . Ap
plication for Homestead, from Walker.
BROWN, C.
An unmarriefiv man, wlifc
mother and slstersSiyc with
supported by him,
in tbe sense in which tlftk£etfn is i
thc Constitution of the Stpi
to a Homestead.
Judgment affirmed.
A. C. Howell, D.C. Sniton, H. P.'Lump
kin, by E. F. Hoge, for p aintiff in error.
John Taylor, by E. NJ Broyles, for de
fendant.
Robert M. Clark, plaintiff in error, vs.
Robert H.McCroskey, defendant in error.
Action for rent from Fulton.
BROWN, C.J.
A contract for rent, made in 1SG4, like
any other contract, is subject to the scaling
ordinance of 1866, and the rule laid down
in section 2267 of tbe Code: that the de
struction of the tenement by tire, or the
loss of possession by any other casualty,
not caused by the landlord, or from defect
of ills title, shall not abate tbe rent con
tracted to' be paid; must be construed in
connection with the scallngordinancc, and
subject under it, to the right of the defend
ant, to give in evidence the consideration
of thc rent notes, and the value thereof at
any time.
As the tenement rented was destroyed
by tlie Federaliarmy, during the period for
which it was rented, and as it is tbe con
sideration ot tbe rent notes, tbe defendant
has the rialit to give in evidence its value,
after the destruction, as well as at any other
time and thc jury upon the whole evidence
may ad j ust tbe equities between the parties.
Judgment affirmed.
McCay, J- concurred,
WARNER, J., dissenting.
This was an action broughtby the plain
tiff against the defendant on a rent con
tract, made on the 2d day of May, 1864, for
the rent of a store and warehouse, in the
city of Atlanta, for the term of eight
months. The defendant plead, in his de
fense to the action, that he had been de
prived of tho possession of the premises by
reason of the occupation of Atlanta by the
Federal army, and the destruction of the
property rented by fire. On the trial of
the case, the plaintiff demurred to that por
tion of the defendant’s plea, and moved the
court to strike it out, which motidn the
court overruled, and allowed the defend
ant to prove the facts sc: forth in that part
of his plea. The plea and demurrer thereto
presented tho naked question of law,
whether the- facts stated therein consti
tuted any legal defense to the plaintiff’s
action: The 22G7th section of the Code de
clares that “the destruction of a tenement
by fife, or thc loss of possession by any
casualty, not caused by the landlord, or
from defect in bis title, shall not abate the
rent contracted to be paid.”
In my judgment, tbe defendant’s plea did
not constitute any legal defense to the
plaintiff’s action fop rent, and that the
court below erred In overruling the de
murrer thereto, and allowing the defend
ant, on the trial, to prove the facts alleged
in said plea. The defendant was hound in
law to pay the rent stipulated in his con-
traot, without any abatement on account
of the casualties set forth in his plea. If
the contract was a Confederate contract,
then the ordinance of 1865, applied to it in
the same manner as to other contracts,
when payment was to be made in Confed
erate money; hut the fact tbat the rent
of the consideration, ’ should have done
so on the trial, prior to me judgment.
Judgment reversed.
McCAY, J- concnrred.
WARNER, J- concurring.
This was a suit on a promlsory note made
by the defendant on the 4th of November,
1867, for $175, due 1st of August after date.
It appears from the evidence in the record
othere^nrohas^hors^of^hfpfointiff waTto be paid in Confederate money did
not alter or change the law as to the abate
ment of the rent for auy of the casualties
mentioned in the defendant’s plea, and the
jury, on the trial, ougiit not to have been
allowed to take into consideration any of
those casualties, in abatement of tbp rent
contracted to be paid- The abatement of
thc rent agreed to be paid on account of the
casualties specified in the defendant’s plea,
was one question; thc scaling the amount
of the rent note payable lq. Confederate
curreny under the ordinance of 1863, was
another and distinct question; and the
error consists in this, that the court below
allowed that which was illegal to he mixed,
up with that which was legal, and to be
submitted to tho jury for their considera
tion. In my opinion, the judgment of the
Clarke & Grubb, plaintiffs In error, vs.
Catherine Valentino, defendant in error.
Complaint, etc., from Fulton.
BROWN, C. J.
A married woman, whose husband has
deserted her and resides in another State,
separate from her, lias tho right to contract
and be contracted with, and to sue and be
sued, as a femme sole.
When, after such desertion by tho hus
band, tho wife, prior to the adoption of the
Code contracted to pay a debt due by the
husband, in consideration that tho creditor
would not proceed to attach his property in
her hands, she is liable. And in caso judg
ment is obtained against' her on the con
tract, her separate property, acquired du
ring the separation, or otherwise, is subject
to its payment; provided, in Case the sepa
rate estate is given to her by deed or will,
that the donor has not imposed by tho in
strument any such restrictions upon her
power of alienation, as deny to her the
right to sell or bind it for tho payment of
the husband's debts. If she holds thc prop
erty by deed or will, she holds it subject to
such conditions or restrictions os the donor
may have imposed.
Judgment reversed.
Warner, J., concurred.
McCay, J., dissented.
Hammond & Welborn, for plaintiffs in
terror.
A. W. Hammond & Son, for defendant.
Pynant Easley vs. Joseph Camp. Motion
to set aside judgment from Clayton I
McCAY, J. v .
In a motion to set asido a judgment
within twelve months after the adoption of
the Constitution of 1868, as provided there-
infor fraud, illegality or error of law, the
movant must show fraud, illegality or error
of law in tho judgment. If ho had a good
legal defense thereto and failed, by his own
laches, to plead it, and the judgment was
right, under the case as made, it is not an
illegal judgment in the sense of those
words as used in the Constitution of 1S68.
2. It is the duty of the plaintiff in error
to bring up the whole record of his case to
this Court, and when there was a motion
to set aside a judgment on the ground that
the consideration of the debt sued on, was
a horse, to be used in the Confederate ser
vice, and the court below, on proof, grant
ed the motion, and the plaintiff in the
judgment excepted, but failed to bring up
any record of the judgment, or even to
show Its date: -
Reid, That in favor of the decision of the
court below, this court will presume, either
that the judgment was obtained during the
war, when such a plea would not have
been allowed, or if slnco the war, on an
erroneous ruling of the court against the
plea. j
Judgment affirmed.
Jas. F. Johnson, by M. M. Tidwell, for
plaintiff in error.
Stewart & Peeples, by T. W. J. Hill, for
defendant.
Allen _ Williamson vs. John II. Wardlaw.
Motion to set aside judgments from
Walker.
MCCAY, J.
A summons signed by a Judge of tbm
County Coart, and served by a bailiff of
that court, requiring a defendant to appear
at tho monthly sessions to answer fourteen
suits on a note described, and on thirteen
other similar notes, is only a summons, in
the note set forth, and judgments entered
on the thirteen other cases will be set aside
on motion.
Judgment reversed.
Wright & Featherston, for plaintiff in
error.
McCutchen & Shumate, for defendant.
A. J. Wilkinson, et. al* vs', the Inferior
Court of Troup county. Nuisance from
Troup.
WARNER, J.
When, in the month of February, 1864,
four citizens, freeholders of the county of
Troup, made oath before one of the Justices
of tho Inferior Court of that oounty, that,
according to •their opinion and belief, that
the heal th of tho neighborhood was materi
ally injured by tho mill dam of George H.
Traylor, on Long Cane creek in said coun
ty, and thereby caused proceedings to be
institutcdfortlieabatementofsaid mill dam
ns a nnisance, and on thc trial thereof be
fore the Inferior Court in March, 1804, the
jury returned a verdict in favor of the de
fendant, with costs of suit, and n judgment
was entered up against tbe complaining
parties lor tbe costs of the proceedings; and
an execution having issued for the costs
against the parties who originated the pro
ceeding, they objected to the same on tbe
ground that the execution was illegal, and
that they were not liable for the.payment
of the costs:
Reid, That inasmuch as the Code docs
not specially provide who shall pay the
costs on the trial of such cases when tbe
verdict is for the defendant, yet, as the jury
have found that tho complaint of the par
ties was not well founded, in point of fact,
by returning a verdict for the defendant
with 'cost3 of suit, it is but just and
right that the parties who originated and
instituted the proceeding should pay the
costot it.
J udgment affirmed.
B. H.- Bigham, by Thomas Whitaker, for
plaintiff in error.
B. C. Ferrell, for defendant.
J. W. Clayton & Co., vs.C. Wallace, Super
intendent Western and AtlanticRafiroad.
Assumpsitifrom Fulton.
WARNER, J.
When a practicing attorney in the Su
perior Court of Fulton oounty, was select
ed by tho parties litigant inacaso pending
in that court, ftijo presiding Judgehaving
been of counsel in tbe caic.) to preside on
the trial thereof, as provided by the 210th
section of thc Code, and after the trial of
the cause by said protemporc Judge, a mo
tion was made for a new trial in thc case, a
rule nisi to show cause was granted, and a
day appointed to hear the motion fora
new trial. When the motion for a new
trial came on to be heard, said protempore
Judge refused to hear it, on theground that
he bad no power to bear it, as the presid
ing Judge of the Circuit bad resigned his
office, there was no longer any disqualift,
cation existing:
Reid, That tbe Superior Courts of this
State are createi) and organized by the
Constitution and laws thereof, and continue
to exist, whether judges be appointed to
preside therein or not; that a protempore
Judge, selected under the provisions of the
Code for thcjtrialofacase, may exercise all
the functions of a Judge of the Superior
Court in that care; that Ills functions as
such protempore Judge in that case, con
tinue and extend to tbe hearing of a mo
tion for a new trial in thc case beard and
tried before him as such protempore Judge,
although the presiding Judge of the Cir
cuit may have resigned his ollice; that such
protemporc Judge derives ills authority to
hear and determine that special oaso from
the law, and not from the presiding Judge
of the Circuit, and having acquired juris
diction to bear and determine the case un
der the law, his functions as such protem-
E uro Judge continue until he shall have
Heard and decided thc motion for a new
rtrial in that'ease, notwithstanding the pre
siding Judge of the Circuit may have re
signed bis office before the hearing of the
motion for a new trial; and that it was
error for said protempore Judge to- refuse
to hear and determine the Motion for a new
trial upon the statement or facts contained!
in the record.
Judgment reversed.
[BROWN, C. J, having been of counsel
in this case, did not preside on it here.]
J. D. Pope, Loch ran e & Clark, for plain-
tifl'sin error.
L. E. Bleckley, by Reporter, P. L. Mynatt,
for defendant.
arising from age, mental capacity, undue
Influence, andtiicconditionofthe contract
ing parties, a Court of Equity will inter
fere to grant relief: and that the allegations
In complainant’s bill makes such a case aa
entitles her to have the alleged settlement
set aside, and that the demurrer to tbo com
plainant’s bill was properly overruled.
Judgment affirmed.
Alexander & Wright, for plaintiff ia
error.
Wright & Featherston, for defendant.
Jack Fryor vs. The State. Assault with
intent to murder from Polk.
WARNER, J.
When a defendant was indicted for an
assault with intent to murder, and found
(ullty, a motion was made in arrest ot
, udgment, on tho ground that the offense
was not sufficiently set forth in the indict
ment to authorize a judgment to be ren
dered thereon. The allegation in thc in
dictment is, that tbe defendant, on the 19th
day of December, 1869, with force and arms,
in said county, with a certain pistol, of the
value of ten dollars, said pistol being a
weapon likely to produce death, in and
upon one Emanuel Mann, in tho peace of
God and said State, did then and there,
unlawfully, willfully, feloniously, and of
his malice aforethought, make an assault,
and him, the said Emanuel Mann, then and
there, unlawfully, and with his malice
aforethought, beat, wound and ill-treat,
witii thc intent him, thc said Emanuel
Manu, then and there to kill and murder,
contrary to the laws of said State, etc.
The evidence had on tbe trial is not con
tained In the record. Tbe 4293d section of
the Code declares, that “An assault with
intent to murder, by using any tccapon
likely to produce death, shall be punished,”
etc. The allegation is, that the defendant
beat and wounded thc said Emanuel Manu
with a pistol, the same being a weapon
likely toproducedeath.
Reid, That the indictment was sufficient
in law to authorize the court to render
judgment theron; that thc legal presump
tion is, after verdict, that tho jury were
satisfied from the evidence that the pistol
was of sufficient size to have produced
death by heating another with it as alleged
in the indictment.
Judgment affirmed.
J. W. H. Uuderwood, Thompson & Tur
ner, for plaintiff in error.
C. D. Forsyth, Solicitor General; by J. D.
Pope, for defendant.
Letter from Forsyth.
Forsyth, Ga., J uly 6,1870.
Editors Constitution: It is my purpose to
give you a letter from this flourishing
town every week, and perhaps oftenor, a3
you have many readers here, and In this
section of the State, though remote from tiro
capital, and as The Constitution is the
people’s paper throughout tbo length and
breadth of the Commonwealth; in fact, all
the State news of vital interest comes
from the great centre and fouutain source,
Atlanta, lor the people of Georgia, and I
can’t see, sir, how you can supply the de
mand lor your paper, even In Georgia
alone; (or it seems that every one, from
the mountains to tbe seaboard, would he
eager to read every issue of it.
To-day Is the “ big day” of all the days
of tho year—4th of July not excepted—
with the people of Forsyth. It is com
mencement day of Mouroe Female Insti
tute—the gala day for ail our people—for
tho old as well as theyouug—the fresh-mcn
and the graduate, the matron and thc sire,
the young men, and the horses and bug
gies, all—all vie with each other to cele
brate the day. It Is the Thanksgiving,
Easter and all other good days of the year
concentrated into this one great day with
us here.
As I write early this morning for my let
ters to go off on the nine o’clock train, 1
shall have to defer giving you an account
of the exercise of to-day until to-morrow.
Although they have nut begun, they will
have transpired before this readies you,
and I will endeavor to give you uninter
esting account of them.
To-day terminates the examination ex
ercises of ttio schools hero lor 1870. Last
week the pupils of Hilliard Institute de
claimed, and did themselves a great deal
of credits By the by, sir, that is the place
where theihture Toombcs and titcphenBes
of Georgia will rise through the medium
of Mercer Institute; for there, sir, we in
tend to have it located. IVc can raise all
the money the trustees want to erect build
ings, and for other purposes. We will
give them one hundred and thirty acre*
of land, and one of tho finest sites for a
college in tbo land, and, to use a
common-place expression, a “sightly”
one at that. But 1 was talking about
examinations,.! believe, before the momen-
toU3.questlov. pf •• Mercer” caused mu to
digress. Wen,, sir, wc have ouu in the
most flourishing female colleges here in
the South, and with Mercer, excuse me
again, we will liavo the most desirable
town in Georgia. The examination at the
college has been going on for several days,
and tho proficiency of thc young ladies of
the various classes ha3 been creditablu alike
to themselves and the professors. Au in
teresting and instructive feature of the ex
ercises of this school is the reading, which,
on this occasion, was very fine. Thc con
cert came off last night, and Professor
Beckter, with all the “ pride, anil pomp,
and circumstance” of tho occasion, was in
his glory. But 1 will give you an account
of thc concert to-morrow, with tiro remain
ing exercises of the school.
We still have an abundance of rain in
this favored section—in fact, there arc some
places in this county where they haven’t
suffered a day for rain this year. Thu
crops of all kinds are very largo and for
ward, and if the seasons continue thc farm
ers will make as much as the land can
yield, even with the aid of fertilizers,
which were used here largely.
There i3 a possibility, and perhaps n
irobability, that thc cotton crop will be, at
east, a failure. The weeds are large, thrifty
and 8till growing, and with but little fruit,
but few squares, and consequently, can
have bnt few bolls. It is our opinion that
there will be a short cotton crop this year.
It would be best, though it would bank
rupt nearly half thc peoploof Middle Geor
gia. because of the immense amount of
provisions and fertilizers purchased by
them to make tiro present crop, or in truth,
to fail with it. The farmers will learn a
sad but beneficial lesson this year, one they
should have known long ago, viz: that it
will not pay to raise cotton to buy every
thing else with. I venture that there will
be more grain and grasses sown this fall in
Georgia than has ever been before sinco
the pio.neer levelled her primeval forests,
and opened up her fertile soil to her hardy
sons.
The train is about to leave, and the rain
begins anew for to-day. You will heat
from yours, Often.
A Remarkable Man.—Wo saw Mr.
Jacob Goodman, of Monroe county, at a
sale in the southern part of this county last
Friday. He is now past ninety-live years:
of age, and, marvel Jus as it may seem, haa
one hundred and thirty-two children,
rand-children and grcat-grand-childrcn,
now living. He walks as nimbly as a man
of thirty, and, with the exception of hie
hearing, which is slightly affected, retains
all his faculties im a romarkablo manner.
He is one among a few of King George’s
subjects, yet living in this country, having
been bom before tho colonics threw off
their allegiance to Great Britain.—Olasgon
(Ay.) Times.
J5QJ“ The cotton factory at Augusta,
Georgia, runs 15,000 spindles, and Senator
Spraguo says that it is tho best managed
institution of thc kind in tho country. Tho
amountof capital invested is $600,000, and
for several years past the annual dividend
to tho stockholders has been twenty per
cent. The daily product is 25,500 yards of
manufactured cloth. The operatives num
ber 500, and their monthly wages amount
to $15,000. No share of thc stock, costing
originally $100, can bo bought for less than
$157. It ia stated that the families con
nected with tho operatives in tiro factory
number twenty-fivo hundred souls. This
is a strong inducement to build up cotton
factories in every portion of the South.
Nashville Union and American.
and valid consideration for tbe note, or, in
other words, whether the defendant can be
allowed to go behind that judgment and . - - ,
show that the consideration o5 which itifV’jt below should be reversed, and a new
was founded was illegal as a defense to the j trial firanteu.
LUUVIKK fopnote given to the plaintiff therefor. Judg- Hammond & Wellborn, for plaintiff in
to arouse their readers to the ifflpoffofipe m?n £ orp tbp ^ ntcn ce of tbe law pro- error.
of persistent activity in favor of the q>e**e | bounced by the Court upon the matter con-[ . A.W.Hammond J;Son, Arnold <& Broyles,
0 re. talued in the record, Final judgments are for defendant,
T. H. Morris vs. Francis Morri3. Equity
from Floyd.
WAHREK, J.
When a hill was filed by a mother, seven
ty-six years of age, against her son, to
set aside a settlement of a case pending in
court between the parties.
Reid, That, as a general rule, a Court
of Equity will not interfere to set
aside a settlement of a fraudulent
transaction of one of the parties, when
tiro party defrauded had full knowl
edge of all the facts at the time ot the settle
ment. and thc parties making it occupied
tiro same relative position to eacli other as
to capacity and condition; yet, when it ap
pears that there was great inequality,
Methodist Lay Delegation. — Tim
Methodist of this week says: “ Wc learn
by a cable dispatch received June 2Ub.
from Dr. Hurst, that the German and
Switzerland Conference which met at
Carlsruhe, Juno 23d, has cast all its votes.
39. for lay delegation. The total affirma
tive vote of the ministry; by this addition,
reaches 3.946. Total negatives remain
1.5S9, and tiro grand aggregate lieeorurs
6.525. Three-fourths of £533 is4,901, or 45
less than 4,949. The affirmative vote thus
puts the result beyond all contingency.'’
Tho London Jewish Ghroakt-.- urges
the concurrence of tha Jcwsiu the revision
of tho Bible,
