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■ r ♦*** •■bMVipli ifiiklt coTiirrmmon per ■«» AllMtanlpOaMartpprrWc rortrU. ■at, at Ik. «xp<nuo* <rf theta*, for wkick pajaum Uorfr, —I— prrrto—|y wiwf. th. Hnof Ihr nf»l will to akkta tnm mu kak. IVCMtoaf Tolu* ac4acc#r«f krfapa «•* *aa «a AagriMt op AfiATA. pa . Atonrr a. m — . :;; —T ■'*. i. VOLUME IV ATLANTA, GEQRGU, TUESDAY, AUGUST 22,1871. INUMBER 23 « The nmi« BMi C#rmpil#». Coon oar local page w* give a lull report #.? the- Judicial investigation now in pro- /pma. It will he found interesting and “ in* •WCthrf. ThMiM A. The above great railroad man of Pennsyl vania fan*. according to tlie Santa Bara Pies#, very large and valuable landed Interests ia Santa TUra county, and i« deeply inter- ««U*d in the j.ropo*. .1 railroad through that -Sii< n of country. ntarlt) . A "jicrinl from W:s-hii>g*on to the I>>u»“- v ilU Ledger. **ayelhat the Radical n.agnatt^ there are -adly dMpjioinled at tl>e result in Kentucky. Secretary IV*; twcll now seta the f*4ljr of hU c*»ercive policy, and Harlan's promotion m run of the question. he ki*ving failed a* signally a- \ktrman to carry ilia own State. THE CONSTITUTION. DECISION IB •iPBKKK CatBVBV 0MBSI4. Ixlirertd at Atlanta. Tnmday, A+gu* 15.1871. ■ ki wiui u» acuan m we vonwuum vt w aiun, iovi, **ua 18N, which declare* that the courts shall tained from the Ordii of Randolph The coon render a judgment without the verdict of a county, a homestead on the ‘ r, in cases founded on a contract where‘below decided that Miller waa entitled to the Wm. A. Raws* Complaint, LOCH RAN F, C. J. <>n the trial of an Isaac joined tn ascertain w hether the defendant was In possession of the land for which th' note, the foundation of the nt'hm, waa .-drsn, at the commence ment (•( tnc jqrfr, the death of one of the panic* to th' note, the survivor being the one t<» whom the deed w aa made, did not exclude tii' plaintiff a# a witness from testifying, and it luu error ia the court to n^ecthiaevidence. When a d«*r-d waa made to Cherry at the lime of the -ale of the land, and whkh he •till hoMa, vc an* of opinion that by opera lion r*f law under »uch deed he had the pos ses, on of tin* lands either by himself or ten ant*, ami the jury found against in the evi Thr KlasSo*. The Lydia Thomp <m Troupe came over ia the tjneeti, and bav ** opened an engagement In New York. It is rumored that the fair Lydia ha« Invested $100,000 of her money in this country end t1CO.OOOin Kurland, beside? buying a bilge lcuv* in St. John n Wood. Ixmdon. She ‘•p'nk- of Imilding a threattr in New Wk. nee i u boding the contrary, and the judge erred in diimbtiting the case upon such ver dict for nonpayment of taxes nnder the Act ' 1H70. J udgment reversed. B S. Worrill, J. L. Wimberiy, for plaintiff in error. K H. Head, M OM*n for tS|S*la ( krnnirlf umi Sriilinrl. Thi? able ami l«« img journal «=pcflk«» against •chif’m in the lb-tnocratlc rank- in an xplirit article that we transfer to our roluinnH thi* morning. It says, “Wc do not j«v*>j»osr to trammel the action of that party at the North, whom we f*eii«-v* and know tr> t*e friendly l*> the N>uth." No, uor will the j»e<»p|c «>f the S*#it!li « *n-»rt»t th it the I>**fno- i ratic pari v shall l*c divided, and the hopos* . f tlie South <IcatT«*yed by premature oi* . imbm* and bito r atUteka tip'»n the Northern Democracy, our beat and only friend. Name. lirarKia. Tua Cot-Trmio.N received a tine Ikt of Daily and Weekly «aib*c libers ycatarday, among then* a number of new &ulw*cribern to the Daily from Rome, Da. We had a par tiality for tliia rising city, in spirit anti enter- l*rise so like Atlanta; we are therefore de lighted to w (loom** nc w subscribers from it. nk Green et al., vs. T.»e Stale.- Assault and Rattery, from Randolph. OCHRANE, C. J. It is not error in the court below to direct the testimony to be taken down in a case re the law doe* not require it. and to in- ipt («udh-! misstating the evidence to the jury, and correct the statement of what was in to by the wi incases on the trial, and to re ul over the evidence of the witnesses, on < request of the jury, as to such facta in ured of; and Midi action by the court is not violation of section 3188 of the Code, which prohibits the Judge from mating to the jury “wh it has or has not l>een proved as t*> the the guilt of the deceased,” but it i« within the |>owcr of the court to direct the prop r statement ot tlie evidence ; and pre senting the truth of what a witness *wore, to the jury, is distinguishable from expressing an Milk n as to a fact proven, by the court. Judgment affirmed. Woollen A Hoyle, R. F. Lyon, for plain tiff? in error. West Harris, J. II. Tay'or, Solicitor Gencr- il pro tnn., for Tlie State. vprrkul l.ltrllon. For the lie*.* fit of our reader.-, and partieu- Urly those in the 22*1 Senatorial District, the ('ownIrnoif gives n« a news item the fact that Governor Riilbtck ha? bait'd n pro.-la- tnalioa directing the Ordinnrie? of the eoun* tieaof Bibb, Dike and Monroe, to cause an ♦ lection to U* held on \Ve«lnesilay, the 13th ♦lay of September next, for a Senator to rc- preauit the 23d Si-naturUl District in the. Gen eral Asseinl Iv of the State of Georria. Kinland liabcock, cl al., vs. Martha Davis. Homestead, from Randolph. OCHKANE, C. J. I |H*n api**:d fr»>m the judgment of the Ordinary netting apart a homestead of realty mi l personalty exemption, it is error in the court to restrict the jury to find for or against the h >nu 4en*, etc., as platted ; the whole cu.,e corner no by ll»e appeal, and the court should administer the law witli regard to i»« terms and provisions. IlKi.n, ac.AIN, That the Aet oflW® applies to |*crsona!»y, and the wife, in making appli cation for exemption of personally, y bound by the frand or concealments of property by h r husband, and must conform in such pro ceedings to the provisions of the Aet of 1869. Judgment reversed. Hood Si Kiddoo for plaintiffs in error. Herbert Fielder for defendant. >• *| lair for IHi UI#h. We publish elsewhere, an nrtiele from Tut Atiawta C on-tit* t ion, npon the so-called •* New Departure*’ anti ask an attentive, pe rusal <*f the kuu". We Iwlicvc the present an int>i»p»>rtane time for tlie division in Rem- .*cvntlcrauV« We further lielieve th::t there if really very little difference l»etween the two wings of the party, and that whatever *ii»jr be tbrir dilfeicnns*. they will all unite ilie cardtdao ?run f**rtli in l*i72. whetbei upon the “New Departure" platform or oUrtrwise.— We*t Hunt Hhuld. NrasIMr \%wrrf-. Wr pubTHTi In 1h > 1-ane a letter of Col. Winder P. Johnson. Many of his positions will !*♦• Indorsed by the Democratic party. M*ne by (Imsc in favor of the ” New I)c parture,” and others by those opposed to it, while, parhap-, bolli parties will differ with him on several |**»inU. But the following ar« sensible word-, that all democrats sould heed It is of the highest impurtnnee that w< sli< ml(l pn sent to the enemy nnubndten front. Our ♦‘♦•liimns should In* inamhaled in solid philanx and hurled, with a determination to .succeed, upon those who rule. Jss. W. Bone \s. H. L. Grave-, executor. Complaint, from Randolph. LOCIIUANE, C. J. Where a motion for a continuance was made upon the ground, of the impression and belief of the defendant, that no cases under tin relief acts would Ik- tried on account of the general announcement of the Judge to that effect during the ruling, and the case in the opinion of the court did not fall w ithin the provisions of puch general announce ment : Hkld, It was not error In the court to overrule the motion. Where, on the trial of an issue joined to ascertain whether the note sued was given for the purchase money of land, which was found affirmatively, and the motion for new- trial set up the right of defense to the party under the equities arising from tender ami losses under tlie Belief Act of 1668 and 1870: IIf.i.d, That the finding of the jury on the issue stated placed the case without the Act of October 13.1870, and the equities under the Act ot IMiH must have been in some man ner occasioned by the act of the plaintiff, which does not appear; and nndtrall the facts taken in the motion in the court below, affirm the judgment in overruling the Rkforf. Ji dor Butt.—Taylor W. Tur ner, Gmnbury Turner. C. F. Elliott, and M. A. Turner were up Mure the above Justice Uih morning under a warrant ♦ ’iarge«l with an assault with intent to murder Jnmiol G. Clark. The attend mg physician of Mr. Clark, I)r. Craw ford, slated that Mr. C. was danger*»u«l> wounded in the lung, anil that it would lx from eight to ten days More die turn his wounds might take could »>e decided upon and that Mr. Clark’s testimony could not la* laken. Upon motion of Gen. Gartrrll,c-otftt- *•1 for plaintiff. Judge Butt sent the accused to jad until the 19th instant, when the par ties are to fa* brought before him for trial for committal Mi«* M. A. Turner, by consent o counsel, was permitted to give bond for )mt appearance for *2,-'V0. (;••*! Advice u» All. The Evening l*oat *»i New 1 ork. Republi can, speaking of th** Radical faction; Alabama, says : *‘^|x‘ncer threatens to pub lish an address to the Republicans of Ala bama. The politician*' of that 8late already published so many ‘addresses* that nobody knows which faction is the least cul pable. It is safe to refuse to sup|x*rt either, as both are simply seeking to obtain control of the offices, and have very little to do Republican principles.” The dors n«>t say enough. The party 1* not only destitute of Republican, but ail wind? ot |»i inciples; animuted bv but on* hope, and that of spoils. It is safe also, not oulv to refuse to support them in Alabama, but in Georgia, Mississippi, and in fact every where. In every State where this party ha* hern triumphant injustice, robbery and wrong have followed ii«* footsteps. i •■npItaMeniMrj. For tlie following Laml-orac notice of our Chief Editor, we are under obligations to the Sandervville Georgian “Colonel I. W. Avery, of Atlanta, was lected to deliver the n union address at Beth lehem on the 13th of September. He write U> the committee, however, that he is traveling North to regain his shattered health, and heno must forego the great pleas nre it would afford him to lx* present on that interesting ^occasion and comply with their request. This announcement will be a sau dh«ppointmeiit to the many frnn.U of the talented and eloquent gentleman who al- would so well discharge the duties :u?- ^vc«ed him. May ho find that he seeks, and .return i*» hi? p**si reinvigoraled after a most pleasant journey; Colonel Avery’s trying lal>ors upon The Constitution so affected his health as t» render rest from editorial duties necessary and he has hem for nearly two months so journing in the North. Colonel Avery has had a leading instrumentality iu the terrible fipo-UTis that have been made by The Con Him rlbs in the past two years, of Radical 4s»rrupt»ons in thi? S ate. \\ e say this much hiiul his k We ex^xxn him soon at his p»>?t again. A Sum I V* mtme * defense is not filed under oath. ' homestead as agafeut the plaintiff*• ju Judgment affirmed, Warner, J., dissenting, i in which decision the plain tiff excep H. Fielder, for plaintiff in error. No oppearance for defendknf. . _ it of ireout below should be re-! come up to our views in every particular, still versed; but as t mMority of thia Coart have . we venture to hope that hu administration repeatedly helA uuI decided that the Home- will be more moderate than Grant's has been. stead Act wasdsalid and constitutional Act, as against judgments obtained prior to its date, and as tbs Warn tiff in error desires an ! Held, That the court below erre5 in hold- affirmance of judgment of the court be- * ing and deciding that Miller was entitled to low by this Cm-ft, so as to enable him to a homestead in tbs land as again&t the plain- j prosecute a wrr of error to the Supreme C. M. Lowe vs. W. A. Rawsom. Assumpsit,; tiffs judgment on the statement of facto con-. Court of the Ut ited States, so as to have the from Stewart. tained in the record. question finally letermined, I am unwilling McCAY J • Jadgmcm reversed. that he should J- obstructed and prevented i - io,u ta-m Wm. D. Kiddoo, for plaintiff in error. from the exerclle of that right by the action L!2 U ^ ! H. Fielder, L. S. Chastain, for defendant. of this Court, a: mere technical objections, a* an affidavit of the payment of taxm on . not aff*-cting thVmain quesUon in the case suspending suits Ordinan* for use of E. H. Worrill \t. II. A* and which were not made or decided by the * ~ “ C. Affcnt* rt id. RHief Act of l e 70, from court be low. F\a-these reasons I concur in ‘ it ft 18$5, *(>piie6 also to pending offsets, the s T hsi jg cross actions, sod in such rases the de- j frab^.nl mnal Al. .fil.l.cfll ta'i*!.. ik/i 1 - 1..7; . n 7:' ,: mewm. the Judgment It this Coart Ufirmiog the .or ^ ^ W ^ NJtB - T - : jUd5mPn ‘ 0f WoW ' mkacrj j This wss an action brought by the plain- v ... . ^ 4 . “ administrator's bond dated 8tb , , J., diafL-nting. 2d. The charge of Uu. court and the ver- t?fr on # . , diet of the jury are sustained by the evidence,! January, 18A>, to recover the amount of a. Where a mvwVimns nisi was prayed for by and the <-o.*rt 'did not error In gremShga new ^ bl reduced to judgment against the inUs- a plaintiff in execution to compel a Sheriff to tn a i , tau-, hamuel Adams, alleging that the Ad- levy a n fa, an* . A was stated in the pciiuon JniJimi'nt aflirrred. miniatramra of Adama had wasted his estate, that the petittastr was the holder of a fi. fa., Beaff^Twkery for plaintiff In error. ! The original debt on which ^ the Judgment founded bn a da -t contracted^bef oretlu^a dop- J. L. Wimberly M Gillia Jno T Clark was obtained, was contracted in 1858, and.tionof the Constitution of 1868; that he had for defendant. 3 ’ ’ * ’ was renewed several times. Tlie amount due; directed the bhe iff to levy on a certain p&r- _ _ par- _ on it at the time it was reduced to judgment: oi land as Ua* property of the defendant; Bryant Collins vs. Brixht Miller .C-isumnait ’ in A P ril . 1867, was about $2,600. The plain- that the Sheriff had refused, giving as his and dismewal under Act of October 13 i titr affidavit under the provisions of reason that the ^std had been set apart, un- 1870 awD1L ^ al UQa f A 1 01 t,clnDer ^ I the Art of 1870, in which h^tated that he | dex the C.^nsthiSon of 1868. as a homestead McCAY J had paid all legal taxes chargeable by law on, for Jh« famP r St the defendant; that the de >aid debt up to the year 1865, which ycai no | fesdant ha4 ch rther property, and that the ^ A ‘ * hundred acres: the court to ^tven >.y a cM'/co of' tax was assessed U»«^pa; that.in 1686 and ji'U»4 -ontained two hue Stale to a citizen and resident of another { 1867 he gave in said debt at what he believ'd | Itro.D, Tiia. it was error In e, who has not resided here since the to be its market value, to wit, one thousand; refuse to m mda/nus ju Mils State State. _ _ note was given, and does not now reside here, dollars and paid the tax thereon; that since: It was of the sheriff to make the and ha= not kept the note here until it issued, 1867 he had not given in and paid tax on the levy. If he apqnd apparently be a treepaser, is not subject to taxation in this State, and debt because it waa no longer a solvent fffbt,. he had a right totsku l x>nd of indemnity from if a suit Iw* p<*nding on the same, proof of * :;nd (eased to Lave any market valut. what- the plaintiff; but it is the right of the plain- theae facts will excise the plaintiff non-resi- ( over. On motion of defendants counsel the ! tiff to haTe the ftvy made, that the questions dent from filing the affidavit required by the j court dismissed the plaintiffs action on the between the parties may be settled by litiga- by the Act of October 13,1^70. ground that the affidavit of the plaintiff was tion between themselves, and not between Judgdtnent reversed. not a compliance with the requirements of ; the plaintiff and die sheriff, who has no right K. G. Raiford, E. H. Morrill, for plaintiff the Act of 1870 whereupon the plain tiff except-1 to make the issue, in error. cd If I believed the Act of iytli of October,, The court shot.ld have granted the writ on J. M. Wimberly, M. GiIIh, H. Fielder, for -1870, to be a valid, constitutional Act, I should ; condition that tUa plaintiff give bond to in- defendant. hold that the taxes on oJl fcbte contracted . detnnify the qhvftHk in case tlie levy should » prior to the 1st of June, 1865, or on contracts be found Vo be a trespass, and he be held re- Bliza V/ eiver v-. U. Cburicy. Bill for f-pe- , a r .*n(-wul thi j-.-of, should be regulnrly given ■ f-i>onsil*ie for datunges. effle performance,from Early. , in and paid on all^-ucli, whether solvent or; Jno. T. 0I#rk, Hood & Kiddoo. for McCAY, J. not, ns a condition yruxdent, to entitled the, plaintiff in error, Where A had advanced money to B to Elamtiff to recover on U.e same in the court*. | So appearance for defendant 1 :.I .. - i . That aueli was the clear and manliest i.itru-, • • • i re*. Wlal.r r. J.h.t Trufi AlUlmae mi the San t h. rm ftenwracfi ELD, r l*hat the verdict was illegal, since forty dollars with legal interest, was all that B was in any event, jis shown by the record, bound to pay. Judgment' reversed. Flemming A Rutherford, by J. T. Glenn, for plaintiff in error. a title; and ,->horllv after B tendered the to d .®ny to such debts the aid of the courts, j Baktow, JkvTewson, Co.. Ga., July 25. money, with $20 additional as interest, and B t v *^ tax** theixon naxc ton paid The, jfqjor 1). N. , JaGrange, Ga.: refused to coniplv, and on a bill filed, the ^ section of the act declares that. In suits Dear Sir—Yvur letter, addressed from Juryd.vreed ih.it A should mnkc Ihe deed on “Poo *"<•}> contract, in mry cox, the burdens - - — ‘ “ in.rscuo. of proof showing that the taxes have been r> - duly paid, shall t>e upon the party plaintiff, without plea by the defendant.” The 4th section of the act declares that, “ In every ^ ^ trial upon a suit founded upon such debt or j The Democrat^ party seems to be divided contratH as described iu ibis Act, provlued j into two factlonsA>acii equally patriotic and that said debt has been regularly given in for; honest, and sedtfW to accomplish the same , , u the and the taxes paid, ahal! ho a cwh | re8 uU-lhe overt*>»r of Radicaf power and H. Fielder, H.k«1 & Kiddoo, for defendant. I tlon Precedent to reaiveiy ou the same, and m i th*. restoration d r the government to consti- every such case, if U.e tribunal trying is not, tmional print ipW* Thia schism in o.lr ranks Jones A Jeter vs. Stephen Blocker et al.! ele&rly satisfled that said taxes have been duljr., j fsar _ proj. disastrous in Its tile .St. Nicholas Hotel, New York, came diny to hand, Tmt asked me to give you the political newaln Georgia. It is a difficult task to give the 'j-ue condition of political affairs In this 8ti*t. Jeter vs. Stephen Blocker et al.! Nearly satisfied Ural said taxes have been duly, „■«!, I fear. * I M Complain i, from Clay. ' ? lv ®>f. n( ^ P }llt L}} saflnd, and said suit ( quenccs. The pir^, weak before, is weaker . 1 1 shall lie disnuescd. In view of the condition i now United “ * * n'.nvrn i i ... 1 now. United, t’dfv was little hope of vic- * ! 1 ' * . . . . !of the people of the State and the status of jt orv; divided, ttftsre is none. It is of the The plaintiffs brought an action against the this paiticulsr class of debts at the time of: highest importoto e that we should present to defendents to recover damages for jiersuad- j the passage of this Act, it cannot be reason- j the enemy an fftfcioken front. Our columns ing, enticing, and procuring one William | a bly supposed that any member of theLegis-1 shonld be marinated in solid phalanx and Powell to leave their employ ment The iat ur e was so stupid as to have intended that j hurled, with a deamination to succeed, upon plaintiffs allege in tlu-ir declaration that, on : h should 1h> an Act to increase the revenue of i those who rule *.et us first gain the victory the 5th day of January, 1871, they entered the Shite. The object and intention of tlicj am i then we cat* dictate terms, looking to-’ into a contract for a valid and legal cons id era- Act, ns is patent upon its face, was to hinder, war ds the recogfc*fk>n of right It is unnec- tion witli Powell to work for them on tlieir i obstruct and prevent the collection of ull | essary to disclose ♦in* plans to the enemy or farm in Early county for the year 1871: that | debts contracted prior to the 1st June, 1865, capitulate befereMhe buttle. It is sufficient subsequently tothe milking said contract, the | an d those in renewal thereof; and for these-1 to know that tho^to power have trampled defendants maliciously persuaded, enticed, oompliahuient of that purpose the aid of the | under foot the (SAlitiiitoft of our fathers, procured, and caused the said Powell to break; courts of tlie State is denied to the holders j an j denied fo usM fright of self-government his contract with plaintiffs, leave their cm- j an d owners of such debts, unless they shall j it j s thr dutv of #%j man who love* liberty ployment, and to go into the employment of j make affidavit that said debts have been re^u- j to unite in 'the4>ri*rtbrow of th»«? common the defendants, knowing nt the time they done j Jarly given in for taxes aud the taxes paid; enemy, so that said Powell was under contract with : that the 4th section of the Act declares | \ hav same. ■Judgment affirmed. Herbert Fielder, for plaintiff in error. C. B. \V<>oten, for defendant. . Seaife h. E. II. Beall. Complaint, from Stewart. LOCHRANE, C. J. When a note was given for an attorney s c, it is not oonpetent to superadd new agreements or conditions tosnch written con tract; the contract itself was the evidence of hat the contract itself was, and while the failure of consideration in whole or part, mav lie given in evidence, new conditions or agrt-emeuts t-aunol. .1 ud;:iM'nt affirmed. Mows A Downing, for plaintiff in error. K. II. Beall, for defendant. — . , . ...iv, aatd tHaftbere are two factions in the plaintiffs as before stated, whereby they ; be a condition "precedent to their rijtht to i Geonria, and thronshout the South, were damaged five hundred dollars. Thede- rccover on t i, u sa me. The Aet makes no ex- j equally honesIfiVBftlly palriotle, and -e"k- fendauts demurred to the plaintiff's declare-1 enplion as to the solvency or insolvency of , ns the emit nt-lpfmend—the sulijugntinn of tion as nolboing sufficient in law to entitle!,|,e debts, but embraces all suits founded ! Radicalism. flrrftsWartv, led hv Mr. Stephens, them to recover, which tlie court sustained | upon any debt made or contracted before tlie OI;r of the puNMUnneU and ablest of states- and dismissed the plaintiff's action; where- , st D f .tune, 1865, or in renewal thereof. The, m en, i lirlftlh ' bv the issues set forth U|mn the plaintiffs excepted. It is said by n | ttin tiff in this east, like all other honest, n, the DemoodswSgfc-'oi-m adopted in New Blackstone, “ that the retaining anotlicr per-; Uot-payers in the State, did not regularly each -5 ork, in !'«* »-v >*!; | nh 0-* Dteoemic son’s servant during the time lie has agreed v wt -i-ein and pay tax on his ditt-t, heeau e' party, Nrtrnf ^r-t'.h, enti re-1 the Presi- trseiehk present roaster, afflFhi ungentle-1 be did not honestly believe it was a solvHlr, l-nrtal contest. Th-oo hwu.-s were adherence manlike, so it is also an illegal act, for every d e f,t w ),en he gave in liis taxable property nr-,- t „ principli—time honor*-! principles, that master has, by hi- eoutraet, purchased for a I ,i- r oalli; yet the Act requires him to make an ; the leaders of al! parti— in the purer days of valuable consideration the service of his do- affidavit that this debt has been regularly tl.e H-pul-lie. mlmilh-! and though- it 'trea- meslics for a limited time, the invggling 1 gi v) .,i f,, r taxes, and tlie taxes paid on il,. son to d««pti»e, and which have hern (iuturert- or hiring Ids servant which induces a breach | n3 a condition precedent to his right to main-■i„ ihe eo-ralled 14th and 16th amend- of this contract, is, therefore, an injury to the I , a i n a sll i( „„ it in the courts of the State. I ,ncnt'= to the Cd-n-tituti'-n It is true, that master, and lor that injury the law has given t Because, as an honest, conscientious tax-pay- i the platform adopted in 1868, declared those him a remedv, bj- a special act on the case," i er _ ] le could not bwear it was :t solvent dei»t admendto--nts ‘‘uneonsti-iitb-nal,’’ and tiieri'- :!d BL Com. 142. Tlie sume principle is, he gave in liis taxes in 1868,1869 and | fore, null and void, pplicable when one man employs a laborer 1*70, therefore, in the words of tlie Act, he [• lri| ,. tlmt -Mr. Yaliandigham and o work on his farm and another man kiy.nc- has not regularly given il in for taxes, and I those who are termed ‘‘newdepart-iri-ts," en- of such contract of employment entices, 1 n-gularly paid tlie taxes on it, and inasmuch d,,rsed that pU fortn. If is fiirfher true that hires or p*-r-uade. the laliorer to leave _tlie be *; innot make the affidavit that hi- has alargeela---.f hone-t and patriotic men who service of his first employer iluring tlie time ; done so, the Act outlaws him from the coutts dearemeed tlie 14th ar.-t lntVl amendmcnLs in for which lie was so employed : rf the State, as was most eleariy the inteu-|it,. | a si Presidential contest, propose !o ne- Hki.d, That il was error in the court below i „f tlio Legislature to do, in regard to | quiesce ami accept them non as legal parts in sustaining the demniTer to tlie plaintiffs I <bat class of eontracis specified in the Act. of il-.* Constitution. We rannot accept nn declaration, ami dismissing the same. j If, in my judgment, this was a valid const! ^ am- ndtnent to tlie Constitution as valid while Judgment referred. ... : tutiona! Act, I would affirm the judgment of ! wo are conscious of its uncopatitmiomdity, R, II. Powell, H. Fielder, for plaintiff in ; tbe court below in this case, but as i believe 1 and of the fraudulent ai.d illegal manner of erroT. ; it to he an unconstitutional and void Act, I. iis procurement. We caffuot accept * lie as Hood A Kiddoo, for defendant. concur in the judgment of this Coart. revere-j the truth. It is a moral impossibility to con ing the judgment of the court below. j v-r- *he one into the other. When we assert -fudgment reversed. J that the t4lli en»l Util amendments arc legal B. S. Worrill, E. G.Raiford,K. II. Worrill, parts of tlie Constitution, we assert that which for plaintiff in error. we know to be false. If we acquiesce and ae- Bell & Tucker, M. Oi!H“, H. Fielder, tor eept Uieie. as Constitutional, we aoqui-sccau l defendants. Kcz'mh Ford vs. H. A C. B. Adams, admiuis. tratore, et al. Suit.on bond, from Htewart. LOCHRAXE, c. j. A Imnd w hich was given by an adminis trator, w illi securitv. dated J«ly 9, *865, and w ithout tlie attestation of the Ordinary, but from the minutes of tlie Court of Ordinary appeared to be hv order reciting the fact ap proved. is a good bond under tlie Code of this State, it 1-eing by such order of the Ordinary on the minutes, a sufficient enmpli alive with the requisition of the Code in the premises, and it was error in the court below uit brought by the Ordinary for the thii “ , to reject it in evidence upon ground that it was invalid on account of the alwnse f such attestation. Judgment reversed upon the ground the Court erred in holding the bond invalid and s-ting it from the jury under the facta in this caae. B. 8. Worrill. for plaintiff in error. M. Gillis, K. U. Beall, for defendants. Thoa. -. Smith Treadwell. Equity from Terrill. LOCHRAXE, C. J Where a trial is had in equity, and thc- jnry return their venlict, and a motion made for a new trial was overulcd, and the judg ment of the court brought by billot excep tions to this court and the judgment affirmed bv operation of law in the dismissal of the ease; such judgment of affirmance is conclu sive upon all parties as to the merits and grounds embraced in tlie motion for a new trial, and cannot subsequently be reviewed or n heard bv the ccnrt; and where a bill was brought asserting no new ground, it was proper to dismiss the same for want of equity. The failure to enter the decree at the term tlie venlict was rendered, appealed from, and affirmed, did not leave the case open, or pr.-senl anv new ground for equitable inter ference to set aside the verdk-l, but it was the duty of the court to enter such decree by an order ni.se pro tunc. Judgment affirmed. I.yon, DeGraffenreid A Irvin, for plaintiff °CR Wootten, D. A. Walker, F. M.Har- per, f»r defendant. H. M. Jenkins vs. J. C. Grime*, et.nl. Eqr.i- tv, from Stewart. WARNER, J. Pending an action for divorce bv Mrs. Grime- against her bc-'^and, ahe filed a bill against him. praying that certain property therein mentioned, should be placed in the hands of a receiver to be appointed by the court, which wap done. Jenkins, a note creditor of tbe husband, filed *is bill against Mrs. Grimes, praying an injuction against the receiver api>omtod by the* court, to restrain It will be one step gained in the right direc tion. We may then begin to claim our con stitutional rights. The restoration of the government to a constitutional basis may then commence. That restoration will neces sarily be slow in its progress. The subver sion of the Constitution can be accomplished in a moment of time. The passage of a law, like the Ku-Klux bill, can change, as it has done, our whole form of Government into the meanest of des potisms. It is an easy task to destroy a gov- eminent. It is exceedingly difficult to re-or ganize it upon just and equitable principles. Under the present rule there is scarcely a fea ture of the Constitution preserved. Were the revolutionary dead to arise they would fail to recognize in the present dynasty a single principle for which they suffered and died. They would find that the ship of State they left sailing before propitious gales, had been seized by pirates, her rich cargo squandered, her flag torn down, and even her name changed. It is the high mission of the Democracy to restore the Government toils Constitu tional purity. To accomplish that desirable end, eveiy effort, consistent with honor, should be used. The greatest effort we of the South are called on to make, In view of the surrounding circumstances, is to remain silent and inactive until tho day of battle; on that day let us join any party that pro poses to fight and conquer the minions in power who have wrested from us tlie dear est rights of freemen. Yours truly, Winder P. Johnson. ■t !»••! Highly j fabulous r Utter. New Tome, August 11,1871. Miles of broad verandahs, extensive parlors and yard promenades, form a brilliant attrac tion for the myriads of guests in their gay attire. The “Grand Union" Hotel, kept by the Lel&nd*. where I Stopped, is patronized more by Southerners of all kinds home as well as Cubans and Spaniards. Its interior appointments are more ebowy than its mammoth rival, the •* Congress Hotel,” just opposite, which, however, has a more imposing exterior. The servants are all negroes in both, and this I find to be the growing practice at the hotels and steamboats. The black servant is po liter, cleanlier, kinder, quicker, more pa- tient, attentive and capaUv. than liis white | "“"“B orough nitfUu betw*y^a tniilionairea. » a waiter is j mannerha«Ptt»» Island. From a letter in the Cincinnati Commercial.] For all that we could see, tlie Island might have been as destitute of inhabitants as the Fernandez of Robinson Crusoe. A stretch of pebbly beach, a ridge of white sand, theu a deep belt of wild weeds higher than our heads were traversed, a water-worn barricade of tioodwood, we climbed them, plunged into a thicket of underbrush, all pushing ahead rival, and his superior fitness rapidly and generally Cuffee as a legislator has n*-t developed his powers, but as a dining servant his suprema cy stands out unrivalled. Neat, dressy, i W hat deeper excitement than the smiling, affable, easy, bom for the duty, he j ^ rrre ^ ur . v gunte-steni play. It is diffi makes a bright contrast to tho saucy, inatten* r11 * 1 '° To look, nobody pt a falsehood. : 11 ia urged by some that they mu. t be ac- ; copied a*-: binding and Constitutional until - settled to «he contrary by the Courts. They ; are binding and bl* obeyed until the The defendant was indicted for the offense , Courts have adjudicated. So is the law of of fornication. It is alleged in the indict-. »ny despot binding upon his subjects as long ment that “said Nancv Blgby, an unmarried ; as he !■*« tayoneta at hts command to enforce Indian-file,*’ those behind grumbling disap proval of the route chosen, and those ahead uncertain until “by awkwardness and mam strength” a path was struck that led through a skirting of sycamores and forest trees,which we had observed from a distance, forming a curtain in semi-circular shape across the up per portion of the island. This passed, and we found ourselves in a spot of such rare lieautv of surroundings os might well have kindled the eloquence of Wirt. The island is about three miles in length by one-third of a mile in width. The Ohio river divides above the streams flowing by in about equal volume ou either side, though a government dam constructed from it to the Virginia shore throws the deeper current to the Ohio side. It is territorially a part of West Virginia. There are a few houses upon the island, but none U> rival In grandness the former residence of its former proprietor. We traced our way along the lower end of the island—tlie think stubble of a recently garnered harvest of wheat, then a vast field of corn, green, luxuriant, waving gently in the June breeze; beyond other cultivated fields, all evincing the greatest fertility of soil and the kindest climate. Away in the dis tance, whichever way the eye* is turned, were the undulating, green-clad hills that bound the Ohio, and overhead a sky of azure brightness. The sluggish fall of water over tlie dam at the head of the island set a eort of diapason to the music of the birds in the trees about us—all most grateful to the senses, “It is the gem of the Ohio,” said the poetic man of our party, and with him we all agreed. It waa our good fortune to meet Mr. Neil, the proprietor of the upper half of the island, and from him we gained some points of in formation eagerly sought by our party, A little one-story building, a quarter ot a mile or more from the upper end of the island, and located on a sort of a backbone ridge, occu pies the \crysiteof tbe old mansion house of thc^Biatmerhassetls, where, in order, once were a happy, blissful home, a c^ark intrigue, a.i inexcusable trer.soo, and a sad catastro phe. A two-story edifice in semicircular form, elegant, luxurious for the time, extended away from this point to tlie west and south, tbe open portico looking out toward the rising sun and the dividing place of the waters of the hcAUtiful river. Al! trace of the man sion house has long since vanished. The well is still there, and, of course, we all drank of the water. A huge sycamore tree, not less than twelve feet in circumference, three feet from the ground, grows from where was once the cellar. The orchard ha^ all disap peared. The handsome growth of forest trees that we passed through at the upper end ot the island has ail sprung up since the days of the foolish, ill-fated man whose name the island bears. The account given us by Mr. Neil of tlie destruction of t ic old mansion differs from that hinted «t by some of our historians who have associated it with the operations of the United States soldier* Mr. Neil was living in the bouse at the time, which was in the year 1811, and to ®ur questions replied that its destni- tion was due to tbe carelessness of a “nigger” carrying a candle among bales of flax stored on the premises. Whether or not the “cArelesaness" was accidental appeared hat uncertain to his mind. tive, prosey and surly white. Gh c me Sambo all the time. Ho don’t spill soup on your fine duds. He don't daub butter on your chignon. He don’t jostle your nose with greasy meat. He isn’t awkward and stupid. And he takes your little gratuity as a huge fa- l ainnif * n ^» ’** * F *io hotel can equal. The vor. instead of, like the white, intolentlj inti-1 mating by his look of impertinent disgust, that you have done a small thing in return j l‘ Hr ^. v dream of offer their unsatisfactory for his great services. The Saratoga Sambo •©mpeneation for rqtrieveie-s bankruptcy, is large, sleek, fine-looking aud prinipy, dre.-s-: lllK I * AKK Ai%u IT * kriei* rotvtok*. ing equal to any guests that visits- the' ^ ie lading attractions near Saratoga are Springs, jolly, spry and delightfully full of! w>au> ver 2 c *trious springs that bubble up, attentions and genial courtesy. So, Cuffee i lake, several mile; off, to which there forever to wait on your tabic. Ilia airs are j a fine drive, where the rich chow ofl tlieir big, bat not offensive—the airs of a good, I 9 P^ c ‘ n dW turn-outs in tlie afternoon. The satisfied inferior, proud of his position, and I about the lake is beautiful, and a ride eager for recognized superiority in his line of j over ^ charming. But its greatest attraction, duty. - * ! I mean of the lake, is Its -jYi** trig* pAatot*. hhoudy. J Think of that, will you ? These fries have As far as I could judge shoddy rules the' become world-wide in their reputation. They roost nt Saratogo. Tlie Southern people pat-! ar ^ the firet thing you hear « hen you get ionize these Northern, watering places very 1 to the Springs, aud the last thing as you leave, little, and there is a general recognition that Everybody is crazy over them. You hear of Nancv Bigbv vs. The State. Forniruti • from Randolph. WARNER, J him from 'disposing of the propertv, and that i woman, on the 11th day of February, 1*71, ia ■ obedience; but when power forsakes the ties- his debt might be paid out of ik The court I the county aforesaid, did then, and there, un- j pot and re.urns to tlie people, his law binds . , “ r“ t 11 mi.. c™ ....ruiarma *v»hnhi»*am11 no loncer. Rul ihe coustltutioualitv of the l the injunction. A motion was then I law fully, aud with force and arms, cohabit'and j no longer. But the coustitulloua to make Jenkins, the note creditor, a' have rexual intercourse with one James A. j 14th and loth amendments Is a that two and two make four. question of not States. know- refused made to make party to the bill filed by Mrs. Grimes against ber husband, which motion was overruled by the court, and Jenkins ixcepted. , —, i’ki.d. That there was no error in the tlie indictment, on tnc ground, that . .. . A , court in refusing the injunction prayed for,-married woman cannot commit fornication j ^hall we assert the truth to be a Be, and or in refusing to allow Jenkins to tie made a ! with a married man. The court overruled' watt for the Courts to proclaim that which nartv to Mrs Grimes’ hill against her lius- j the demurrer, and the defendant excepted, w self-evident. We acknowledge no power, band on the statement of facts disclosed by ' The 4400th section of the Code declares that short of Heaven, our guide in morals. We the record ! “Any man and woman who shall commit \ will not accept what we know to be false in Judgment affirmed. »adultery or fornication, or adultery and for- the discharge of any duty, public or private. M J Crawford, H. Fielder, for plaintiff in 1 nication, shall be severally indicted, etc.” , Those obnoxious amendments have been fj: i This section of the Code contemplates three . forced upon us without our consent. They No appearance for defendants. ! distinct offenses, adultery, fornication, adul- { are the offsprings of corruption, and of a 11 ' tery and fornication. If a married man and j spirit of insubordination to the Constitution, Wm. C. Sawyer vs. A. J. Pace. Complaint, i married woman unlaufuUy cohabit together j that persisted in will leadto anarchy. ’ from Randolph. j they are guilty of the offense adultery. If j What shall we do i To boldly assert and an unmarried man and an unmarried woman : stubbornly adhere, at all times and under all from Randolph v ,. . t -gi cohabit together, they are guilty of the of-! circumstances to the truth, is honest and sin This was an action brought by the plsiBtm c f fornication. If a married man cere,but it is sometimes unwise and impolitic, against the the defendanton an open a©- and unmarr i e d woman cohabit together,, We are weak. We want assistance. We counL The parties entered into a written j the „ ^ g,uUy of the offense of adultery want re lief from those burdensome and op- - - , ._ - : nuui iv/iuivauuu* -• — 1 prcji'ive ui*-OBUita> ?>uigu uuiciciimui, vu®- for the year 1868, on the terms therein ex- named offense, one of the parties, must i m ieg ijave fastened upon us in a thousand pressed. The plaintiff claims that he diunoi | ^ marr ; cd and the other unmarried. The; different ways. Itis useless to look for relief get his share of the proceeds of tue crop, | nn j aw f u i cohabitation of a married man and j from our own feeble and unaided struggles, after deducting the expenses, etc. After; an unmarr ic*d woman is not adultery, nor is it -plm only hope is by making common cause hearing the evidence on both sides, tlie jtirv ■ fornication in the meaning of the Code, but ■ w i t h the Northern Democracy against the .. f.-»r tli*> nlaintitl for I1H.V (M) 1 . ... 1 X- J -1 iJ L- I -M. - • - «*»- Tbe defendant wade a motion for a new trial, on the jjround* that the verdi« was contrary to law, and strongly and decidedly contrary to, and without evidence. The court over ruled the motion for a new trial, and the de fendant excepted: Hxld, That tbe jury were the proper judges of the evidence, and the ciedit of the j njjJy, thc^demurreTto OiVindictment. witnesses examined on the trial, and this; judgment reversed. so charged in the indictment. Tlie demurrer to must draw back those conservative Republi- the indictment which charged the defendant j cang) w ho deserted us in the last Presidential ith the offense of fornication, having been J contest, frightened at the announcement of made at the time and in the manner as pre scribed by the Code, should have been sus tained: Held, That the court below erred in over- nse •** Have the Ailliaas of the People** Money Clone To! SARATOGA. Since my laat letter was written, I have paid a visit to Saratoga, for the first time since 1860, the year before the war. Tbe changes are many and great, almost putting the 9pot beyond recognition. It has grown greatly. Two bran new hotels of immense sue and . , imposing appearance, fronting each other, i- v , ct ! ^ nlflc “ t ^Ursment ol the card;- ha-re gone up. The interiors are eery showy. | "*> " ^ »»lk, how many interior Appointments of magnificence, the curiosity strengthens. The most gorgeous splendor marks the entire lnsidt of this plain house. Hundreds of thousands of dollars are buried in the furniture of this maelstrom and glitter in the royal adornments of its costly walls. The victim ruins in a kingly palace rad amid dazzllug surroundings^ Millions of dollars have changed hands in this unholy place on the uncertain hazards of the dice or the mute If terrible and romantic tales tlie) could tell of disastrous ruin and fabulous fortune, of wreck and agony and mndnes$. In order to ap pease local prejudice, Morrissey allows no cit izen of !*aratoga to enter and gamble. lie is inexorable on this point. No home denizen is permitted to swell his unholy gains. Whatever misery shall grow from thi6 gorgeous plague spot, none of it shall poison the community where it flourishes. Thia is a wise thing. Dark whisperings get out about this house. Big names somehow get associ ated with it. Gossip tells you of « certain little room in It known as Belmont's room, or Vanderbilt’s room, aud of exciting battles THE RAPir.II/ STAR The sign* Ol (hr TiraosThe Bailssl Orfaa ta Atlanta Fityariac to Jsla thr Drmorrotlc Party. We are on the eve of interesting < the political world. The statement has circu lated generally through the press that the ere exceedingly anxious to desert where tb»* weapons are dice, and fortunes the jpg discovered.' 8Ulke8 - Tll€>e moneyed giauis mutt have ’ their recreations. IN hat more exliilcrating than to get a slit** of each ••there pile for is allow ed to go. It waa made for something more than idle curiosity. Deep interest in vests the place. No traveler visits Saratoga without wanting w th*>nght, speculation and comment on this glid'd hall. Its enter- crash of fortune is lost in the sweet flow of } rare win**. Such viands hs the imagination the places suffer. Our rich and refined South erners were wont to give an air oi breeding aud polished glitter to these spots. The good Northern people go mostly to their Dimmer residences in the hot months. Shoddy flocks to the public resort**, dowdy or over dressed, vulgar, common, out of place and plebeon to the very back bone- -ostensibly and substantially. About 1,200 guests were registered at the Grand Union, and I was stmek with the little taste shown iu the dis play of dress, while as a w’hole a commoner lot ot mortals never were gathered in one spot. The principal attraction at Saratoga, out side of the famed water, is the hotel lift*. them until you become crazy yourself to eat a few. Scenery Is nothing; gayety, pleasure, fashion, :<re nothing to these astounding and irresialibl' fries. The enamored people w ho have munched, prattle ecstacies in a Missis sippi How ( f enthusiasm about them. I am not joking rr exaggerating. They solemnly tell you that you have vHted Bamtogn for nothing if you miss the fried potatoes at tho lake. Bo delicious, k> delicate, so unut terahbq ho tm<.callable, w ravishing! To have eaten them is ecatacy; to have misted them ia disappointment. And so ever\l*ody eats them. Whatever oilier refredim- ut you order, you call for them, too. With ice-cream you take fried To see tlie crowd of pleasure-«cckcrs in the j potntoe a ith onade, fritsl potatoes; — j uagraeni revcn»eu. court will nol interfere to control the dwere- 1 Lor 5 ran e i c. J., concurred, but furni«hed tion of the court below in refuain* the mo-1 writlen Opinion, the statement of facts, tion for a new trial on contained in the record Judgment affirmed. Jno. T. Clark for plaintiff in error. Hood <k Kiddoo for defendant George A. Mcrcier va. A. J. Mercler. Trover, from Early. Wm. A. McCAY, J. Where in an action of trover it waa in proof that the propertv sued for, and to which the plaintiff showed'title, waa at the house of de fendant, though there was no proof of any use of the same by bim: Hkld That this was some evidence of pos session in the defendant, and it was error m the court to wildraw the case from the jury WARNER, J. This was a bill filed by the complainant against the defendant to revive a dormant udgment, and to have a tract of land covered and grant a nonsuit Judgment reversed. Thomas F. Jones, H. Fielder, for plaintiff nv a homestead made subject thereto for the r necessary to constitute a violation of the law pnvment of the purchase thereof. At the; were fully stated in the indictment, it was n trial term of the case a motion was made to I good indictment, and not demurable. dismiss the bill on the ground that there was i Douglass A Chastain, Wootten & Hoyle, no equitv ia it which would give to a court R. F. Lyon, for plaintiff in error. at equity jurisdiction of the case. The court' J. W. Tmvlor, Solicitor General, pro ten., sustained the motion and dismissed the bin, 1 B. S. Worrill, for the State, whereupon the complainant excepted - Not a miss—A pretty widow. A woman iu Cincinnati has obtained a license to perform the marriage ceremony. An Illinois widow was recently tarred and feathered for playing croquet before the funeral. Why should young ladies set good exam ple* » Because 'young men are so apt to fol low them. Borne people sav that dark haired women many the soonest.' We differ; it is the light headed ones. The Queen of Belgium is the most accom pilsbed equiatxienm among the crowned la dles of the Old World. A man in Kansas, on w hose shoulders a Indy laid a lash, didn't sue for damages be came it was an eyelash. An Illinois agricultural society offers a pre- mimn’to the couple who will bring tothe fair -rounds tlie largest number of children, grand children and great ditto. A Brooklyn mother advised her daughter to bov hair, and fainted flat away when ttat candid damsel replied, “Oh, BO, ma; 1* ■•areata.” B.,Hartal va. H. G. Feagin. Rule vs. Sheriff, from Stewart. McCAY, J. The crop made upon a rented place b sub ject to the lien of the landlord for his rent, and if the same has been set apart aa an ex emption for the benefit of the family of the tenant, it is nevertheless subject to levy and sale for the payment of the rent, the claim for rent being in -he nature of the purcha money. Judgment reversed, with instruction*. Moses A Downing, for plaintiff in error. J. L Wimberiy, E. H. Beall, for defend ant. Riley Garrett, for the use of ,W. A. Rawaon va A. Cordell et al. Complaint, from Stewart. McCAY. J. The Act of October 1», 1*70, requiring a have bees paid affidavit that all legal taxes an certain debts therein ■ suit founded thereon dismissed, Is no* in cow* i McCAY, J., dissenting. | Where an indictment charged the prisoner with the “ offense of fornication,” and aet out - that the said defendant being an unmarried Rawson va Wm. B. Thornton, woman, did. on a particular d_ay, etc. have Equity, from Stewart. carnal connection with one James Foster, a married man, and the indictment was de murred to: Held, That, as the statute does not give the offense any name, the naming of it by the pleader was surplusage; and aa all the facta principles which they regarded as squinting towards the right of secession and tbe surren der of the {runs of the war. The sacred cause of truth is frequently in jured by too suddenly announcing her prin ciple*. Men are not at all times in a state to receive truth; prejudice must be removed, passion allayed, ignorance dispelled, before the mind can receive troth in ail her blazing glory. We would not depart from Consti tutional truth, nor surrender one jot of onr sovereign rights. They are dear to us. We would cherish and preserve them, patiently and silently, until a fitting time, when they should burst forth in the splendor of victory and reign supreme in Constitutional majesty. The time has not arrived for the announce ment of a strictly State rights platform, nor for the vindication of sovereign rights. Vic tory most first be achieved. To accomplish that we must be united at home and join those we lecut distrust at the North, when the decisive battle is fought We cannot accept the Vallandigbam plat form. To do so would be to surrender every sovereign right belonging to a State. To an- nnnnoo an “nnt on/) mil’’ Qlato piwktl nlflf. Held, That tbe allegations in tbe com plainant's bill did not make such a case as would give to a court of equity jurisdiction thereof; but, on the contrary, his remedy in a court of law was ample and complete, and that there was no error in dismissing the bill at the trial term of the case, for want of equitable jurisdiction in the court. Judgment affirmed. Beall & Tucker, for plaintiff in error. John McK. GuntCva. Chas. Barry, Sheriff Pe- tion for mondamru, from Randolph. LOCHRAXE, C. J. Where a party petitioned tbe court for a mandamus nist against the Sheriff to compel his levy of ajtjh. place in his hands upon a homestead of realty set apart under the law, upon the ground that the Act of I860, so far as it prevented the levy of a Ji. fa. on such J. K Wimberly, M. GUlis, H. Fielder, for | property, for a judgment.)! fa. in existence defendant , before the setting apart of such homestead ' and granted by such Act a larger amount of Jno. McK. Gunn va N. H. Miller. Home-1 exemption 'h»n existed under the law at the ■lead, from Randolph. time of the contract was unconstitutional and void and the court held the act valid and refused the mandamus. Hu n, That this was not error in_ the WARKEB, J. The main question presented by the record im this case is, whether Miller was entitled to a homestead In the land as against the plain tiff's judgment which was obtained against Louisa Hall, who was the owner of the land at the time of the rendition thereof. The ladrment against Louisa Halt is dated Mav lfflSM. On tbs 8rd of June. 1868, MOW isiimmi rt the land from T. K. Hall and tabs R Yoang, the brim at law of Lontaa defendant hi the judgment, who the readMsn thereof. On the 10th court, under the rulings of this court, affirm ing the oonatitntionaUty of tbs Act, and pro tecting the Sheriff from rule a* account of its provwoos, from his refusing to levy said Hi nounce nn “out and out” State right* plat form, would drive lukewarm friend* into the Republican ranks, and widen the breach already begun among ourselves. Our true position is one of silence and inaction. We will not force our views upon those who claim to be Northern Democrats, nor will we accept theirs; but we will join them in the fight against those who have planted the banner of centralism within the sacred pre cincts of State sovereignty. Let the Vallandigham party meet in con tention—draft a platform and nominate a candidate for the Presidency. We will hate nothing to do with their platform or Conven tion bat will vote for the nominee asachoioe of evils Should the South send delegatee to that Convention, they will be bound ic honor to abide ita action, or, in the event of the adoption of obnoxious measures, to withdraw from it To withdraw would certainly elect the Radical nominee* to remain would bind them to “ accept the situation. 1 ’ would be a terrible calami*. Silence and marlino oa ths wart of the South will heal tho breach, and the « of the Radical party wiH drive off Washington Patriot rings out this question that will continue to ring in Radical cars for months to come. A» the close of the rebellion, the United States had actually on hand aud ready for immediate use, more of the material and re sources of war, than any other country world ever poseessdd, before or since. It i&to be doubted if the armaments of Germany and France in the recent struggle, compared in value with the prodigious collection, which remained upon our hands the day that Lee surrendered his sword. It was the accumu lation of four consecutive years, with enorm ous annual expenditures, and appropriation! almost without limit. Borne idea may be formed of the magnitude of these supplies, by the fact that over twelve hundred millions of dollars were voted in 1864, on the very eve of peace, and when the condition of the South might have been known. Ships-of-war, cannon, steamers, arms of ev ery description, annnunitk n, horses, mules, tents, equipments, stores, clothing, supplies, and all the vast machinery of war, in all its costly and countless forms, were iu possession of the vailimn branches of the War and Nary Departments, when the last gun was fired. It is extremely difficult to form even an ap proximate idea of the value of this property, from the deceptive manner in which the pub lic accounts are kept, and the persistent re fusal of the Republicans in Congress to per mit any investigation to be made. The De partments have habitually resisted informa tion on this subject, and for evident reasons t - as will be shown. The appropriations and the public debt permit some basis of calcu lation, in the absence of stricter proof. But one thing is certain, and it is that which most concerns the American people, who have had to bear the cost of the civil : all this property ha* disappeared, and no returns can be found for it on the books of the Treasury! It is estimated that over fire hundred millions of dollars, at least, have been realized from this source by sales since 1865, not a dollar of which has been account ed for so as to relieve the country or dimin ish the indebtedness. Not a cent was ever paid into the Treasury by these sales. What has become of this enormous sum of money? The question is asked with so expectation of an answer, because this administration has remained deaf to every demand, and its whole aim is to stiflle inquiry. DmoGHttc candidate, wMto bt ad In the event of a foriegn war or invasion, the United States would be wholly unpre pared. Of the vast nav^ which existed at the end of the rebellion, an unsightly skele ton only remains. Hundreds of steamers have been spirited away. Of all the large stock of arms, supplies, munitions of war, horses and equipments, there is not a visible token. They were all sold, squandered, and vast hotels is about the pith of tho fun. I attend'd one ball, aud thought it n lame af fair, though very well gotten up with good mutde and an excellent floor for dancing. The crowd wss common. The dressing of the ladies waa ordinary. A half dozen rich toilets were all that relieved the monotony of very mediocre mediocrity. One old lady of seventy, fat, fluffy and white-hunt**i, prome naded the room in low neck and short slc$vee, with the party-fixings o! a school girl on her head and shoulders, gay in rib- lams and gauzy furbelows, a pitiable looking spectacle of desecrated old age. The old creature hobbled along, a sad monument of senile folly. Mrs. Morrisy, the wlie of John Morrissey, ex-pugulist and Congressman, and now millionaire and gambler, was the reigning belle of tbe evening. She is a large, fine-looking woman, who dre®scfi and dances wed, and she was the eynorxre of all eyes. BOHEMIAN. One feature of the festivity struck me. A little ugly looking specimen of humanity, with pop-eye* and a spike-tail coat, round shouldered and spraddle-footed, a ve*t reach ing to his thighs, cool, assured, impertinent and conceited, walked around with his pencil and paper in baud, staring in ladies’ faces, making a close inspection of their toggery and then deliberately taking notes on his knee. • The insolent familiarity of the fellow was refreshing. He followed Mrs. Morrissey frdm the ball-room into the dre>siug-room, and there sutyectcd her to a minute examina tion of her dress and head arrangements with the most ineffable coolness, transcribing eveiy half minute the Jottings for a fulsome report in the next morning’s paper. His operations amused me. He seemed to have no apprehension at all of an lndignsnt loot. The inspected ladies took it kindly, oblivious apparently of the reportorial attention, save that a little adjusting of ruffled duds bv some would indicate a consciousness that pOme eort of photographing waa in proec.-s which it was desirable should be as favorable and flattering as possible. What impressed me was the business-like manner of the chap, and the business-like manner of tlie fair-in spected, forming together a lovely picture of encouraged Bohemian ism and permitted im pertinence, creditable neither to the society nor the journalist. The glittering and over drawn accounts of the ball in the n*-xt morn ing’s papers, with the circumfituntlul accounts of dresses worn, and the full mention of the wearers names, fully compensated, 1 suppose, for the Bohemian's intrusive and offensive familiarity. MONEY SPENDING. The watering places are the spots to soak money. Borne idea may be formed of the way the money goes, when I tell you that this large hotel, the “Grand Hotel,” with a season of only six weeks, will clear probably $160,000. Five dollars a day for each head, and about as much more for extras, make the minimum of individual cost, while the maxi mum goes anywhere according to the tastes and pocket of the pleasure-seeker. One gen tleman with a wife and child, a Southerner by the way, paid a bill to his hotel keeper of eight thousand dollars last season for six weeks at Saratoga. I noticed a dashing young buck from New York, not in his twen ties, dressed like a jocky, drive up in aneat lit tle jaunty dog-cart, as it Is called, handling the reins cutely, with two fiery' thoroughbreds har nessed tandem, flying like the wind, and at his side cramped closely to him in tbe narrow seat, a young blonde, not older than himself certainly, but dressed in the height of the ultra style, the whole concern, fast boy, fast horse#, fast girl, making a fine speci men of fast young life in this year of our Lord eighteen hundred and seventy-one. MAELSTROM. Opposite the little park in Saratoga, where the Congress Spring affords ita saline delight to myriads of thirsty drinkers, a plain red brick house, of neat, tasty but unpretentious architecture, tight and dosed as a tomb, no appeared, greatly strengthening the opinion. Tbe couioc of the New Era, the Radical »hect iu tliU city, has under'^unesuch a decided change of tone in the past few months that it has been, coMfKinttioely with its past couisc, nol mu* h Republican, save ia nani(' Wc thought, however, that this illy a pail of a .shrewd, sharp political game. The only hope of Radical ism in Uii' hints ilcpcuded upon ouc of two contingencies, namely, the seduction of old \Yhig> into the Republican ranks by iUttexy ami the exciting of Uieir prejudices against mocracy, and secondly, in di pitting the Democratic parly. The first effort was mud*>us failure; but the second, wc re gret to say, has not bocu entirely fruittas. Well knowing that national Democratic vic tory iu 1872 could only lie averted by defeat ing tbe Northern Democracy through the aa- saults of the Southern people, a* falsely ct utmd by the Northern Radicals, upon the government and the constitution, and know ing further that the Southern people were disposed to avoid political discunaions and support the national Democratic parly, upon access alone < Vp«aided their right* in the l uion, the Era determined to assist with all *ts might those who manifested a disposi tion to discuss platforms and dictate them to the Not them Democracy'. Of course, this wii- the very thing the Era wanted in order to excite the war prejudices of the Northern people, aud it bent all its energies to widen uu apparent breach in the Democratic party in Georgia. The wrangling ovei the "New Departure*’ furnish ed the. opportunity, and aware that nothing would drive off u Democrat from tlie support of any thing so readily a^to prove it aroepta- bh to o Badicaly it ha» devoted every issue for a mouth past to proving that the ‘ New De parture" and Radicalism were identical. To our chagrin all the extreme Democratic press slipped their head.- right into the trap, aud have been bu&ily advertising the Radical sheet. \\ e confers that Uie thing galled ns, wheu wc imagined the chuckle of the Radi cal concern over iU; success. The pnrpem was .*o transparent that wc hoj>cd no <m« would be deceived. Rut the hope was vain, and the Era with all the ability- turd cunning freely accorded to it, plied its game, furnishing Ikniocrati- presses w ith argument** to hurl at Ikw * toi*. All this we uppumL But we are now in doubt. I he Era may have Iiccn sincere after all, in (hits instance. We cannot construe the article Inflow iu any* oilier light than a pre para buy stop to the Era's somersault into the Democratic rank.-. Consider the impression alrout Rullock, his recent letter, the changed course of the Era, and the general belief that a Radical daily cannot live in Atlanta after the loss of official patronage; put all these “straws" together, ui <1 then iv»d the article that follows, and we ;u>k any candid man, if it is not the plainest indication yet given of a wholesale exodus from the Radical party, led by Bullock and the Era. If this be true, the Era, iu trying to prove the platforms of the two parties virtually identical, is simply manii- factiiriu. an excuse f«»i acting with ihe I>em- nprntio party. Read the article—the italics are ours: H WE TUB OI.D I’A Tin A purity fountain bubbles spray, rod 1MJ1W1 , nu ——- ' —» _ ~Z powerful nation in the elements of warfare m 1865, we are to-day one of the very weak- !n 1865, we are to-day one of the very eat The people have a right to demand what has become of all this money', and to ask for the accounts.—Knox. Press and Beraid. Braver Raxucoao Cana.—Two cars from New York, by the steamship Rapidan, In tended for the street railroad, have arrived. They are of the small sine, marked No. 8, West End and Whitehall street, Atlanta. They are quite seat and comfortable looking* with toddy or punch, fried potatoes; with cigars, fried potnt«>e*; fri*d potatoes first, last and all the time. 11at some. They are very xrict—in fact, just a^ nice as fried pota toes can be—crisp, well-reasoned and well- cooked. But they are nothing to make such a national fu«a about, and the w hole thing illustrate^ the value of advertising, and of loud, robufctions, blatant, unnecessary agita tion of a matter in order to make the public make a sensation of it. The lesson is valuable. Lake Saratoga fried i*otatoes art* a fine monument of man’s skillful humbug. Nevertheless, if you go to Saratoga, don’t fail to cat some of those potatoes. I heard sensible looking people say they would not have left for worlds without eating them, and I suppose they meant it. 8o, I repeat, gob ble down some of those mysterious and en chanting fried potatoes if you go to Sar atoga. Well, I believe I have told you about all there is to say about Saratoga. I saw regis tered at the Grand Union the names of Col. Adair and family, of Atlanta, but I did not meet them. NEW YORK AND THE HUDSON lUVSlt New York is gayer than when I passed through it a month ago. I came down on the Hudson river day boat from Troy, to enjoy the famed scenery. It is too well known, and ha« been too much written about, forme to write of it. Each year it increases in its cultured beauty, and loses none of its w ild charms. It is one line, on both sides, of beautiful towns aud lovely country houses amid fine grounds. The markc of wealthy and tasteful civilization abound through every mile of its extent. All the wild at tracti<ms of nature are giving way to the polished elegancies and ornate adornments of art. The palisades, those rude walls of perpendicular rock that tower above the river, and stand silent sentinels over the babbling current of water beneath, are steadily crumbling away under the blast aud the chisel, to furnish building material for New York and other cities. Each day w it nesses perceptible encroachments upon the massive mass. Cupidity is warring upon beauty. The sublime yields to the practical. The purse absorbs the celebrity. Yankee thrift sees nothing holy In nature's creations, nothing worthy of preservation unless it pays, nothing worthy of care that will not pay better than when used. It is» a general matter of regret that throe wild, picturesque palisade* are thus disappearing at the hand of speculation. But the matter Is remediless, and soon they will lire but in history. WHREI<OCK 4 ST.VBK. I have met this excellent firm, periodical advertisers, in Thr Constitution. They do bueinoM at No. 10 Warren street, New York. They are a boot and shoe jobbing house, and sell large quantities of goods all over Geor gia, including Atlanta. Their Georgia travel ing agent is Mr. A. M. Watkin. Their Southern trade is yearly increasing, and de servedly so. They sell fine goods at low figures. They are liberal, enterprising, relia ble merchant*, and aa genial gentlemen as they are good, trust} business men. I can recommend them to our Southern merchants from personal knowledge, and take pleasure in so doing. TAMMANY. Tammany is gnashing its testh. The ex posure of extravagance is hurting. The city has had a hard time of it. There is no use denying that there has been corruption. Yet the extravagance and corruption occurred chiefly a year or two back, when three was Board in office composed of Republicans and Democrats, put in under a Republican law. Ten or twenty millions hare been added the city debt in a year or two. Immense jobs were put through. Immense stealing was perpetrated. The Democracy owes it itself to probe this matter to the bot tom, and bring to punishment every Democrat connected with these frauds, and this will be done. This is just the difference between the Radical and the Dem- lUcstion in Republican party And if it has, the nett coutbinatioif, The question is The leading doctii : t u ' ’’XriRBD BY LIMITA TION ? tivquc.iUy asked, Has tho accomplished its mission ? fhy n<d (tishuid and enter •n new and living issues? not altogether irrelevant. T the party, ns well os its line of policy for m\ years |>asl, are ein- liodied in articles 11 and 1-5 of the Federal Constitution, and in the Reconstruction Acts of Congress. These measures embrace all that is vital to the Republican platform. If, therefore, they, arc to be accepted as final ities by tbe only party in the United State* that ever opposed them, then it is quite true that the Hepubtican party ha* <tocornpU*hed i mission. Like the Anti-Slavery party in cw England, its work is done and its mem bers may now disband nrd aet in concert with all persons thus agreeing, outside of mere irtv drill, and independent of past party dif ference*. Assuming, therefore, that the principles of e “New Departure’’ will be ultimately embraced by the Democracy of the Union, members of either party w ill be at perfect liberty to choose Ik*tween candidates for office without in any way proring false to parly fndty.—2sc >r hda. of life about it Tbe grounds axm ocralic parties, that the former nurses and tbe murmurs ailverly to the pretty flowers that border the winding walks. An sir of quiet and good simple look pervades the whole es tablishment. Tbe house is larger than a dwelling ought to be, and yet not large enough for a public Miffing. There is something aboot It that inspires curiosity ta off it An sireiwphres ^ it And when pises ii of John srasrs." you latter discards its scamps. That the best political parties have bad leaden is undeni able. This U Inseparable from all organiza tions of men. A party can show its purity by its refusal of admitted evil leadership, and this Is what the Radical party has not ‘ e Democracy has done and done, and what the Democracy will do. The Radicals are working up these Tammany frauds for use in the next Pres! dential election. I had intended to give you Ihe result my further observation of the political field, but must reserve this for aaothre letter. F« A few davs ago it was our pleasure* to visit the orchard of John Brings, located about two miles south of Yuba city, in Butter coun ty. The proprietor is the owner of four hun dred and twcuty-six acres, mostly l>ottom land, lying along th«* wcslbnnk of the Feather river. The soil i.s a rich, sandy loain, and composed of tho yearly deposits of the river many years ago. No lietter or richer land is to l»c found in the btatc, and the orchard we shall briefly notice promi.-ca to be the pride of the Briggs Brut .era, who have a State reputation as orchan.' fs and fruit growers. Before reaching the orchard proper, we rode through a field of one hundred and fifty acres of castor beaus, grow ing in the most luxuri ous manner—which field, by the fay, is togive place to a new orchard next year, the miit trees for the same at present growing in the nursery Ijy the side of the field of castor beans, aud containing ‘weuty-fivc thousand one-year-old budded peach trees, sixteen thousand plum trees, six thousand Eastern walnuts, twenty-five thousand California wal nuts, two thousand apple trees five hundred Italian chestnut tree* 1 , etc. Pacing along through this forest of young trees we arrived at the present peach or chard, consisting of 690 trees two years old, aud some of them bearing this season 150 pounds of peaches. These trees have made a remarkable growth, owing to the rich ground upon which they arc planted, and in another year will make a tremendous yield of fruit. \V’c next rode into tbe cherry orchard, containing 3,000 of the most thriif.y trees ever seen on any ground. The different va rieties, fifteen in number, gave this orchard a variety of aspect, aud broke up the usual monotony of the alecplc-like formed chciry orchard These cherry trees were all im- [K>rtc<l from Rochester, New York, about three years ago. Off to the south of this wonderful w ilderness arc 2,590 plum trees, of twelve varieties, and 500 apple trees, mostly winter varieties. Passing the peach orchard, wc reached the apricots, 2,200 in number, which are also two years old, and have borne a fair crop the present season. This orchard presented a sad sight In one respect. The late heavy storm had postrated many of the trees entiie, while in others the limlw had been torn off as If a tremendous tornado had swept over the place. However, the trees were healthy and stout, notwithstanding the mutilations here and there. On returning from the orchard the wagon road we had entered, we visit- Briggs* Brothers’ steam power castor oil mill. Here wc found a magnificent hydraul ic press, with eighty pounds pressure, and possessing a capacity of compressing 300 gallons of oil per day. Tbe mill also con tained twenty tons of castor beans and 2,500 gallons of oil, nicely bottled and cased and ready for market tlte ironer Kceaan'i Decision in WeatflcIS Dikotter. We recommend the District Attorney to take prompt action in the matter. Wc aU<« think the government inspection very imper fect as now conducted. There* was one dis- sentant, Mr. Kirtland, who believed that the flaw could not be discovered by the ordinary mode of inspection. Coroner Keenan, after the verdict was returned, issued warrants for the arrest of the President, Directors and Superintendent of the 8taten Island Ferry Company, and also for the arrest of Robin son, the 'engineer. Capt. Aliain, of the first precinct, to whom has been entrusted warrants* for the arrest of the present directors and officers of the Sta ten Island Ferry Company, has received in structions from Coroner Keentin to make only a formal arrest, and to accept tlieir promise to appear before the Coroner to-morrow. Chesapeake and Ohio Railroad bonds arc selling freely at H2 and accrued interest The road is complete*! and in running order for 227 miles, and HO miles more will be finished In 30 days. This leaves only 105 miles to build in order to otwn the road from Rich mond to the Ohio river. Several roads are projected and in course of construction, which will give the Ches apeake and Ohio Company connection with Cincinnati. St. Louis, and Chicago. The amount of bouds remaining in the hands of agents is comparatively small, and there is seme talk of advancing prices at an early d$/ TtMll^lQNl