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Hi fC INDISTINCT PRINT onstitution. Tftai 0t labtcrlpIlaB: WEEKLY CONSTITUTION per mam $* 00 All •aherrlptkMM Are payable strict! » la advance and. at the expiration of tbe time for wblrb payment §W~ ClaM of Ten f IS 00. aad a copy of the paper e**t free to the ptwr sp. ATLANTA. GA . HEPTEMBER 2*. 1871 THE WEEK!,Y-©INSTITUTION. VOLUME IV.! ATLANTA, GEORGIA, TUESDAY, SEPTEMBER '26, 1871. INUMBER 28 TM PavdaalH r*w«r. We ore glad to oee that oar Bute papers ore speaking out upon the grave wrong in volved in the exercise of the pardoning power by tbe Govern** - before trial and conviction. Tbe old Constitution did not allow it. Tbe new Constitution does n »t forbid it, and we bare heretofore eipresaed tbe opinion that tbe ( onstitution was changed by tbe Radi cals for tbe express purpose of allowing tbe Governor to (>ardon any offender* who might commit crime for party interests. We could give instances of pardon of this kind. The late decision of tbs Supreme Court, Judge Warner, dissenting, has riveted the power in tbe Executive. There is not in all candor an Executive power more dangerous to the good order, tbe law and tbe liberties of tbe people than Ibis. There Is none that conflicts more with the very essence of criminal justice. There is none capable of more deadly abuse to the injury of the State. It is wrong in princi ple, indefensible in tb«>ry and fatally perni cious in practice. It is a direct invasion of tbe rights of tbe Judiciary. It literally places the criminal jurisprudence of the country in the hands of tbe Governor in vio lation of fundamental law. Tbe only remedy is in tbe circuitous pro cess of a rep*-al of the Constitution on this point by two-third* majorities of two suc cessive Legislatures and the ratification by the people We called attention at the last session of the last Legislature to tbe matter, and urged action. Tbe lion. Dunlap Scott introduced a resolution amending the Constitution in this particular, but like n»?arly every other good measure, it was not acted upon by that mongrel incompetent body. We trust that the State press will press tha matter ujH»n the people, so that the wrong may lie remedied as speedily as possible. Let the public be awakened to the daoger and impolicy of ih«* law as it now stands, so that the text General Assembly will a« t promptly. New Jersey* The Democratic Buie Convention of New Jersey, which met on the 13th hut, nomina ted lion. Joel Parker as its candidate for Governor. The convention adopted a “ plat form" mainly devoted to State .iff lira. The following are the “planks” referring to na lional politics: §. Favors prompt and complete amnesty of all persons for political offenses. H> Favors the raising of a revenue for the economical *upi»orl of tbe Government and payment of tbe National debt by a tariff up*hi luxuries, and tbe atjoliahmcui of taxi's upon the iMs i-saaries of life is recommended. 11. Recognizes the laboring element as the true wmrcc of national wealth ami strength, •ml claims that the rights of labor should be proper’y recognized. 19. Protests against the extraordinary military power givcu by the late Congress to tbe President. 13. Rcc^iixe* the Constitution and amend ease's thereto as the organic law of the country. t4. re lieves the Government ought to lie oo. of united powers as proacriUd in the Con-t tuition, not a supreme, unlimited, im per t*l Goverment. Kx-Gov. Parker was elected Governor in 1462.by 14,500 majority. He was an earnest war Democrat. In 1868, he was voted for in the National Democratic Convention as a candi date for the Presidency. In 1£6S, the New Jersey vote on the Presidency was 103,000. Hsjoiour receiving 3,000 majority over Grant, and ti>« present Democratic Governor, Ran dolph living elected by 3.500 majority. In 1870, the Republicans had a majority of 8,400 on tbe Congressional vote, owing l*> the a© camion of the colored vote under the 15th amendment, and to Democratic disaffee upon our reepect. But we cannot deny that they hate actually become a part of the (JonetUu-1 turn; nor tan me a mud that fact, nor got behind, it, by thorn,ng the corrupt mmonduet of the men | who at that bone controlled C engross and mac- 1 tered th* State Legislatures. Whoaomr swears to support tbe Constitution must perform all that is “nominated in tbe bond." Any change which experience and reason shall prove to be desirable must be made in tbe prescribed way, and not by revolutionary and disorder ly means.” It will be seen that so far from announcing the untruth that the amendments were con stitutionally settled, the Pennsylvania De mocracy deliberately declare that they were carried by brute force and by fraud* upon the public eo glaring at to take from their au thor4 all claim upon our respect." Could language be mors stronger ? Could tbe usurpations of the Radical party be more pointedly and forcibly put! 1 Could there be a more conclusive refutation of the charge made against the Pennsylvania Democracy by some of their Boutbern friends, that they endorse the method by which the new amendments were passed. We deprecate this warfare on the North ern Democracy, in which doubtful damag ing and far-fected constructions of their viewa are eat up by their friends as points of friendly attack. However goad the motives of those who do it, k is teaming strife and deirsion in tbe party, it is setting up danger ous puppets just Vo knock them over at tbe cost of party success, it is carrying the war into our camps to tbe assistance of the ene my, it is aiding our adversaries indirectly by weakening our allies, and noUifying their as sault*. W© cannot too strongly urge upon our Boutbern Democracy to be careful bow they embarraa* their Northern friends, particularly on doubtful grounds, anl fancied causes. W ith the downfall of tbe Northern Democ racy the No a them Democracy goes te de struction. Better pursue “masterly inactivity.” OEC1HIO N H W. Reid va. Jesse McLendon. Case, from j under the provisions of the Code. On the » agreed to deliver to the defendant a kiln of Parker i* very popular. A hot tight b ex pertrd. It will be seen lhat the New Jersey Democracy bury tlie “war Issues." As far a* wo have been able to learn in our I vquiritis North, tbe Democracy by their new movement mean pretty much what Mr Htephen* has said very dearly in the follow tag paragraph •• We have no objection to those who acrcpt tbe “fraudulent amendment*" ae existing facts, while the administration of the government U in tbe hands of those who are clothed with power to enforce them; but who do not cn- tP.rse them a* jiiuditics. We hail its friends all lh<mr who arquitsce in them a* lie facto, but not dc jure pari* of the organi • law. This b, they “accept tbe fraudulent amend ments *s existing facts," and “acquiesce in them as /«4> |»arl* of the organic law Borne go a lit Je farther, hut thb is the aver age position, a* far as we could learn, and when the fact can lieeome known that Mr. Btepheu* “hail* as friends all lbo*e who ac quiesce in ths new amendments as de facto parts of the organic law" we augur good re- •ults. Mr. Stephen* b right in arguing against the Democracy declaring that the amendments have been constitutionally set tled, but we have never believed that the Northern Democracy *o meant to declare. The 9th resolution of the Pennsylvania platform reads thus: Resolved, That we recognise tlie binding obligations of all the provisions of the Con stitution of the Unit©! States, a* they now axbt, and we deprecate the discussion of iasets which have tioen settled iu the manner t «d bv tbe authority constitutionally ap- poCuki We regretted to see it contended by South- arn Democrats that the Pennsylvania Democ racy ia this resolution applied tbe l»*t part of U to the amendment*- W> think they did aot so mean it M we claimed two month* ago, thb resolution is divisible into two parts. Tbe first recognizes the binding obligation of all the provisions of the Constitution, includ ing the new amendment*, a* defect.» tbe law, Tbe second part deprecates the discussion of tmue* constitutionally nettled, leaving it an open question a* to what issues are so settled. Granting that the construction b doubtful, we think we should give the most favorable cooatrnctiou to tbe resolution. But fun—alely there b a certain teat of tbe matter. Tbe Pennsylvania Democratic Bute Central Co nmiltee, appointed by tbe very Convention that passed the foregoing resolution to issue an address illustrating the view* of the Convention and interpreting iu platform, use the following pointed language, falsifying the damaging construction put on that resolution by some of the Southern Democrat*, and placing tbe purpwe of iu framers beyond all doubt. W'e catl attention to the italicized passage*: -We here solemnly renew our oft repeated declaration of fidelity to the great principles upon which our party has acted from the time of iu first • rganizalion Our ultimate *ro those of our father* w hen thev Adopted the Federal Constitution, to-wit: ~To form a more perfect I'nion, to establish justice, t*# insure tranquillity, to promote the genera! welfare, to provide for the common defense, and secure tbe blessings of liberty to ctumelve* and **or posterity." W’e sincerely twibvr that the goverumcnl of the United Blair*, adui in bared a* it was iu former days, with * dir«*'t view to the advancement of these principle*, a ould do for u> and for our children all that any people can mmonaltly de- in from the political system under which they aw. ft r arc equally sure that if not earned a*ut in the spirit of those by whom it was framed, it must become a curse instead of a blc*<ing Mtuated a* we are, obedience to the fundamental law means not only the hoar* performance of sworn obligations, but freedom, peace and prosperity to all classes •it the people. On the other hand, the osur patson of interdicted or undelegated power b aot ooly a crime ia Itself, but the fruitful parent of other crimes, and will lead, as it has already lead, to indefinite iniagovenunem gomipuon and tyranny, subverting all Bfct.-tV. and rendering the rights of all u*. retire When we speak of the Fed Coosi^uitoD. we mean the whole instru ment, with 41i i*‘» amcndmer.u, and acknowl «dge ’ the equal obligation of every pari. Booeral of th.ee amendments were carried by brute fore, ami by frauds upon the public trill, go glaring as to tale from their author* all oiasm The Augusta Chronicle and Sentinel of Tuesday, brings us the particular* is full of the auel fought on Sunday, Just outside of the corporate limits of the manufacturing town of Graniteville, South Carolina, be tween two gentlemen of Augusta. The weapons used were Colt’s navy revolvers, loaded by gunsmiths in Augusts, the distance was fifteen paces. The principals were Cap- lain Wm. M. D’Antignac, of Augusta, and Mr. Dell, of Bt, Louis, Missouri, who ha* been residing in Aognata for sores tins past. A difficulty occurred between tbs parties Friday night, which resulted in Captain D’Antign&c striking Mr. Dell. Before the fight could progress any further, a number of gentlemen present Interfered, and prevented further hostilities. A challenge was sent to Captain D’Antignac by Mr. Dell, throngh Mr. G. E. Ratclifie. The invitation was accepted, and the challenged party named a* his friend Mr. J. B. Harris*. The matterJiav ing gained gome little publicity, tbs parties were arrested, appeared before Judge Olin, waved a preliminary examination, and gave bond each, in the sura of one thoasand dol l to keep the peace. Saturday night the challenge was renewed and after a consultation between second*. meeting was arranged te take place at Graniteville at seven o’clock the next morning. Ten or twelve person* accompa nied the party to witness the duel, and Drs. Campbell, Carter and Ford, went to give medical assistance if needed. After being arranged on the ground, Mr. Harris* was se lected to give the word. Hs repeated the usual formula, ana at the word the parties fired. Mr. Doll was uninjured, but Captain D'Anlignac had a narrow escape. His an togonist's ball entered the left lappel of his coat and passed out near tbe arm without raising the skin. Mr. Dell not being satisfied, the duel proceeded. At the second fire Cap tain D. was uninjured hi* ball entered Mr. D’*. right leg, a few inches above the knee, inflict ing a flesh wound, and passed into the left leg making a wound of a serious character. This ended the duel. The parties all returned to Augusta without being arrested. Had Ira I Bardea*. From 1780 to 1861, a period of 79 years the government cost tho people $2,233,667, 161, or leva than the present national debt This included four or five war*, and tlie pur chase of several State*. Wliat s-ball lie said of an administration that lias wrung in taxes from the p**ople since the war. a period of six years, more than tbs whole Government cost for 72 year*, and spent every dollar of it running th* Govern ment for tbe six years, save a paltry two hundred millions, which it has pretended to apply to reducing the debt. Verily wo had better try a change. The California Bafagf. T! err has been a good deal of speculation as to the causa of tW* Democratic defeat in California, some of the paper* la this tRat® attributing it to the movement of the De mocracy in burying the “war issues.” We have taken some pains to get the truth from our Calafornia exchange*. A* far M we can learn, the burying the war issues had nothing to do with it. Th* Oakland News, Republican, gives the following account; “ The change that has taken ptoc* i* public opinion is attributable to other causes, chief of which was. under the circumstance*, the unwisest nomination that the Democratic party could have made. To this may be added tlie defection of the Germans, which W*s occasioned by the animosity of the Irish and ?Ue unfriendly conduct of the Demo cratic pres? during the Franco-German war; the accession of the colored vote; the occur rence of tbe New York riot; the Bute Cap- iul fraud*, tbe prottgacy of lk*t Legisla ture—but, as w* said in the beginiting. tbe nomination of Governor Haight against the wishes of a large portion of ki* party, and with such a load, errors and dereliction* upon his back, was enough to sink the concern. ’ The Sacramento Reporter, Democratic, concur* with the News in the above, save that it thinks that the Government need iu workmen liberally, and that Haight had for midable enemies among the Democracy adds further: “We will name three causes which are eer tainlv enoagh to account for the result of the election. First, the negro vote; second, the defection of the German Democrat*; third, the popularity of Booth ” This is probably .the true .solution of the matter. _ Political News ItMU. [.x)xdcxbbd rou run coaanrmoa J Governor Gearv, of Pennsylvania, is ill of bilious fever. The number of colored voter* in the Union is about 879,116. The Radicals in Washington arn carrying the spirit of party proscription in Ibai fiUy it* utmost extent Tbe Democracy of Savannah will meet on the 21st for the purports of organizing for th* seguing municipal election. The Detroit Pre* Preai Ifcjfik* there is an evident determination on the ansi at th# president to place the whole South under military »jortirol during the election of 1872. The only frank thing?*bout*General But ler’s elcctioneery speeches ia aald to be th® use of his Congressional privilege to send thousand of printed oopiaa thereof through the mails without paying postage The Richmond Enquirer, in diemestng the question as to whether th® father of the il lustrated Beast Butler had been hung for piracies committed on the Gulf coast, con clude* by saying that the moat astonishing part of toe>u>ry ia, not that the father may have been hung, but that the son, at the ege of fifty-five or sixty An* not been. iirsBMi cetriT nr ei Delieered at Atlanta, Tuesday, Sept. 19, 1871. i Avum cosvn- G. A. -Worthys administrator vs. H. O. Tate. Equity, from Troup. LOCHRANE, C. J. When a bill in equity was filed by Mrs. Worthy alleging that she had purchased from Tate the premises in dispute, and having great confidence in him, had given him the deed and tax receipts thereto, at his request which on her request to return, he said he had burned up, and the prayer of the bid was to cause said deed and tax receipts to be returned, and also to enjoin proceedings to eject hei a* the tenant of Tate the former owner, under tbe provisions of the Code against tenant* bolding over. And she further presented her inability to give bond under the section of the Code requiring security with the conn ter affidavit to &rre»i the proceeding* under the warrant, etc., and the bill was de murred to and a motion made to dismiss it upon tbe ground that there was a complete remedy at law, and for want of equity, which motion to dismiss wss sustained by the ourt. Held, Under the fact* presented by the bill that this was error. There was equity ia the bill as against Tate, to cause the delivery of the deed and tax receipt*, and the pro vision for defense by counter affidavit aad bond undar the 4907 section at trio Uada wan not ample and complete, and the facts de veloped such a condition of alleged fraud and trust, as invoked tbe jurisdiction equity. Judgment reversed upon the ground the court erred in dismissing tbe bill under the facts in this cose. B. H. Bigbam, by T. H. Whitaker, for plaintiff in error. Longley <& Harris, N. J. Hammond A Bro. contra. Isaiah Hollingsworth vs. J. B. Tanner. Re fusal of Injunction, from Henry. LOCHRANE, J. Where, upon a bill filled to eajoin the exe cution of certain fi. fa. obtained against A. as principal, and B as surety, upon the ground lhat the owner of the fi. fa. had made a con tract with A, by which be owed him an amount equal to the judgment, and which he paid him to tbe wrong of bis surety, by which the surety claimed to be discharged, and upon the hearing the holder of the fi. fa. by his answer showed that he was the owner thereof, and that during tho war ho had em- jloyed the principal defendant to carry off nis negroes out of the reach of the Federal army, and had paid him therefore at the time in old issue of Confederate money, and that his family were destitute, and that there was no collusion, etc., and the court, upon tho bill and answer reused an injunction : Hbld, That this court will not interfere’ ith the discretion of the judgment in re fusing an injunction under the facts in the case, and that the employment and payment of the principal defendant as stated, did not discharge the surely from liability oa the judgment. J udgmen t affl rmed. A. AI. Bpecr, B. C. McDaniel, for plaintiff error. M. Arnold, contra. Thos. 8. Powell vs. Jesse Boring. Relief Act 1868, etc., from Fulton. LOCHRANE, C. J. Where a party upon a motion to open a judgment under tlie Relief Act of 1868, which was dismissed by the court, fails to bring up in tho record to this Court, the original record of the judgment moved to be opened: Hki.d, That, inasmuch as tlie party alleg ing error must show affirmatively the exis tence of the error complained of, that this Court will presume, in the absence of the re cord of the judgment, everything in favor of the judgment, and of the dismissal of the motion. Hklu auxin, That, where it appears, from tlie statement of tho facts set out in the mo tion, that the defense to the original suit in volved the same issues now involved and pre sented by the motion, this Court will not set aside the judgment of dismissal. Hkld again. That all motions under the Relief Acts to open Judgment, must be con fined to the legal equities authorized to be pleaded by said act, and new mallei a of de fense not embraced in thd law are insufficient to predicate such motion upon. Judgment affirmed. P. L. Mynalt, Tidwell, Feara A Arnold, for plaintiff in error. A. >V. Hammond & Son, L. E. Bleokley, contra. B. Welborn vs. Warren Aikiu. Assump sit, from Fulton. Troup. McCAY, J. This was an action on the case for damages alleged to have been suffered by the plaintiff in consequence of the seizure of his cotton hearing of the certiorari both parties excopt-1 brick, to be taken at kiln count, and at ed to the ruiiigs of ths court The court be- specified price per thousand, the plaintiffs low decide4 T that the Constitution of 1868 ! would be entitled to recover, if the bricks having recognized «*<! adopted the Cotie" were delivered, whatever the kiln amounted called Irwin'eCpde did not destroy or abolish * to at kiln count, at contract price. If the appear, that qo particular juror was objected ! We find no error in this record which will to on the ground that he was not an upright, 1 authorize this court to interfere with the dis- 1865 by the United States Treasury officials,, the right to oat and try cases of focible testimony should satisfy you that plaintiffs which seizure it was alleged was caused by an | entry and detainer as heretofore practiced iu sold and agreed to deliver to defendant brick affidavit made by the defendant to the effect j this State. Upon this point ia the case we at an agreed price per thousand, and that on that plaintiff had subscribed that amount of affirm the judgment of the court It does that contract they delivered brick, then you cotton to the Conferate cotton loan^and had; not appear in the record how the jury were I will find for the olaintiffs the value of the not paid them same, which affidavit it was i drawn for lb* trial of the case, but it does brick so delivered at that contract price.’ alleged was untrue, it was in proof # that tbe defendant had made the affidavit* and lhat the ulaintiff, had subscribed to the said loan, and had, in fact, fully paid it. It wa9 further proven that the Treasury agents had seized the cotton, and that the proceeds had gone into the United States Treasury. There was also proof that the defendant, who was himself one of the sab-agents for collecting th* cotton loon for the Confederacy, had some reason to believe and did, in fact, be lieve that the plaintiff had not paid his loan to tho Confederacy. The court waa asked to charge, that if the plaintiff’s cotton was seized by tbe Treasury agent* in consequence of defendant’s affidavit and that said affidavit was untrue, he then was liable for plaintiff’s damage, and that the measure of the damage was the value of the cretion of the court below in overruling the motion fora ntw trial in this case. Judgment affirmed. L. J. Gartrell, Henry Jackson, for plaintiff in error. Tidwell A Fears, M. Arnold, contra. intelligent jui »r. The court below decided that as there was no evidence going to show how tbe jury .was selected, summoned and impannelied, the legal presumption was that they were properly selected, summoned and impaaneled. Inasmuch as the Act of 1869 relates excluritoly to the selection of jurors for the Superior courts and inasmuch as the General Assembly have not provided by law for tH> selection of jurors for [coimhid won ths coxmttctiox ] the trial of coses of forcible entry and de- Mr. J. N. Carter, of Talbotton, has been tainer by Justices of the Peace under the! seriously injured by being thrown out of his Constitution of 1868, the jury may be select- ■ bujrgy. Tbe weather continues unfavorable, ed under thefow aa provided by the Code for 1 ana but little corn or cotton being gathered that purpose$o they are upright and intelli- i The cotton crop will be very short in this fi**rfls News Item*. LOCHRANE, C. J. Where it appear* from tho record that A sued W upon a promissory note dated in 1868, and that W had tiled hi* plea under oath, that it was given in renewal of a contract made before the 1st of June, 1865, and the court called the case out of ita order on th** docket under a rule by which he disposed of case* in which no issuablo defense* were tiled under oath, and against the objection of W, heard the argument on tho plea, and dis missed it upon the ground that the art of 1870 waa unconstitutional: Hki.d, That the court erred iu dismissing the plea upon this ground. The law of 1870 is not expod facto, lor lhat applies to crim inal and not civil cose*. The requirement that an affidavit be tjlod that ta\e* due the Male thereon have been paid, does not ren der it unconstitutional, jf no tax was due, tue law impose* none, and if the tax wo* due, creditors are not a favored class to be exempt ed from tbe payment of their legal taxes. The Pariiainenlory law said to be violated, and, by it the constitutional provisions for tho passage of laws, does not operate to render t umx'hHlilutional. Acts of the Legisla lure are pta*tiu;£d to be constitu tional, and courts' will not declare I hem void except in clear and urgent cases t does hot impair the obligation of contracts, for the law doe* not al;zT t ipodifv or change a word in it; nor does it impair the remedy but both stand untouched by the law, anu the requirement of the payment of tax due on the contract neither impairs the obligation of it nor denies the reairily; ftgd pjpfact pre sented by the plea lhat the note sued on Was given in renewal of an old debt duo before 1st Jane, 1865, if denied, was an issuable defense; if not denied, it staved judgment unliil the law was complied with, and if de nied it was a t»U Ui t® tried by a jury. When on the motion to set aside a judgment made in the case, it appear* that tb* note was given in settlement and consideration of f claim held and a judgment transferred upon a third pafly, *r f 4 was not within the provis ions of the Act of 1870, labile we hold the court erred in dismissing the plea foil Iff the facta when U ippeors no injury wo* done to the defendant and his foi l* let up sufficient to show the judgment would nut h* changed by a new trial and reversal, a new trial will he refused. We affirm the judgment upon this ground. Judgment affirmed. McCAY, J., umeurrod <>n both grounds. C. Van Artsdale vs. Cathleen Joiner. Tro ver, from Fulton. MoCAY, J. In an action of trover for a watch, It ap peared that the true owner of tbe watch was the plaintiff—a married woman—that her husband had pawned it to secure $150 ad vanced to him upon it by the pawnee, that at tho time of the pledge the husband bad waived ia writing, his right to thirty day’s notice, etc , as required by section of the Code, in cose th* debt was not paid, and that the pawnee, on the failure to pay the loan, had sold the watch, by an auctioneer, to the highest bidder but without the thirty day’s notice to the pawner, and that tho de fendant was tho highest bidder, and was now in possession, and had refused to deliver to the plaintiff. There was evidence that the wife had au thorized the husband to ra:se money on the watch, but there was other evidence contra dicting this. The court charged the jury, that even If the wife had authorized the hnsband to raise money on the watch, this would not author ized him,*to waive the provisions of the law, a* to notice, and mode of sale in case of, default, and that her title would not be di vested unless the sale was in pursuance of the statute. He further charged that the measure of damages was the value of the watch and re fused to charge, as requested, that if the husband had authority to pledge it to raise money the wife could not recover until she paid tbe amount advanced. Hbld. 1. That tho mere authority to raise money on the watch did not authoizo the husband to consent to the sale oxrcpt in the ordinary mode after due notice a* required by the statute. 2. That the title of the plantiff was not divested by the sale, without the notice etc.,- required by tlie Code. 8. That the plaintiff could recjver without paying or offering to pay tlie money borrowed, even if the husband had authority to raise money by pledging the watch, a* the sale was a conversion. 4. That the defendant acquired by hi* pur chase evory right of the pawnee, and was en titled'to reduce the damages by the amount of money duo the pawnee, since, if the hus band had authority to raise the money a* the agent of the wife, her damages from the con version was the value of tho watch leas tlie money advanced thereon by thereat. 5. That as there was evidence pro and cjn. as to the authority of tiTo husband to pledge tbe watch it was the right of the defendant to have the law charged to the jury in both aspects of the case and aa the court charged, tho jury that the measure of damages wo* tho yalue of the watch in any event, this was error and the Judge erred In not grant ing a new trial. Judgment reversed. llillycr A Bro., for plaintiff in error. Collier & Hoyt, P. L. Mynalt, contra. and if the jury had so found, the court below should not have tet aside their verdict, but the jury found a verdict for “forcible detain er” only, and thereby negatived the fact that the entry by defendant on tbe land was for cible and without authority of law, and this Court cannttTnow assume that it was so, as there is sufficient evidence in the record to sustain the verdict which was conflicting in regard to that point in the case, of which the jury, according to the repeated rulings of this Court, were the proper judges. Does tho evidence in the record show that the detainer «f the possession of the lsnd by the defendant.was forcible and without au thority of lawr The only evidence upon that point is, that the agent of the plaintiff. notified the defendant to quit the land, and in Furnm.* IS £&££? of “fill I ‘J rv? land; that defendant had morod on* of »h« f. ab °i' t ,ortjr durin « bmuea on tl* land. ‘Torciblo detainer UI '.fiw An areragescorn ▼iolentljr keeping ponenion of land. Sr*5“ b “ n n “ do m tW » •^Uon.-JfiMfe and tenements, with menaces, force and ’ urns, and without authority of law,” Washington, September 14.—A gentle- Cod* 4,452rV The verdict of the jury | man named Wigfall. formerly of Virginia, ta the allegation that the entry of the but who is now a resident of Brooklyn, owns ndant on Jthe land was forcible and with-1 a handsome residence in Clinton avenue, iu out authority of law, and there is no evi- j that city, valued at seventy-flve thousand dence in the record that the detainer of the dollars cash. Ho says that within tho past possession of the land by defendant was for-! ten days a prominent lawyer of Georgia pro- cible, within the true interest and meaning I posed to him to buy this property, offering in of the law applicable to such eases. The pat ment a certified claim against a certain mere defending a suit at law for the posses- j railroad In Georgia for legal fees amounting sion of the land by the defendant did not j to one hundred thousand dollars, stating that A live unknown about three weeks found on Monday night about niue gent jurors, which is not lnconsistant with tion. Planters feel confident of high prices the ConstitiMijn of 1868, and we affirm the and being principally out of debt, do not in- cotton, with additional damage* as a punish- I judgment of the court below on this point in I tend to rush their cotton on the market, meat if the proof showed malice on the part j the case. Tf!e court also decided that there Talbotton Standard of the defendant fused, and acted in good >UU >u«uv vuo Mtiuam civuci » luiuuro vuuj vn ■ tuiviuic wi on proper demand by the United Btatea of- tainer” of the land by the defendant Dar- , ' flciala, honestly believing, bn wo* slating the W truth, after pwsir esatioa and prudence oa his part as to his means of information he was not liable at all, even though he was mis taken in the statement that the loan had not been paid. Hbld, That there was no material error in ths charge, and the jury having found under the charge for the defendant, it was not error in the coart to refuse a now trial. Judgment affirmed. Mabry, Toole A Bon, Longley A Harris, Win. Dougherty, for plaintiff in error. B. H. Bigbam (by T. H. Whitaker) Ferrill, Hammond A Bro., contra. id&nL This charge the court re-1 was not sufficient evidence under the law to t a o .. charged that, if the defendant have authorised tbe jury to find a verdict for.. . 1 “ * sensation. 4 faith, and made the affidavit either a “fo»« ible entry” or a “forcible de- i, 1, > lr ' a PP ar ^ aU J - Uin«' 1 ol tb* Uod bf the defendant D«r- °J d : fou ? d , noil u .Tui iha nl.lntiff Hamrick I <> «*>«*. “ e P* of • promineut citizen’s I» residence. Tho lod,rc of knights of Jericho, UitJTuT 'hrs r^rd w* IhiZk. there I in «p»ru, is in . flooring condition. The SEIlJW« S’E^tonJT. Ter-‘' SSS&. "ad‘uu though,‘’Z’STtmin diet under the law for a “forcible entry’ | ^ dl J u ° W0Ck an/I I* skn Inr. Karl snAnnJ (Kaennrl Kr.lr.os I OOUMCm 10114$ Olid I'tOntCC. T. M. Haddock Has issue! a new directory of Savannah. A British tailor was badly stabbed near tho Gas House, by a negro a few days since. The name of John O. Fer rill has been suggested as Mayor of Savan nah. Many citizens in a communication to tbe Republican, suggests the name of Gen eral Joseph Johnston as a suitable candidate for the Democracy of Savannah to run for Mayor.—Savannah Republican. Two negro women got into an altercation near Med Patrick’s, and one cut the other severely with a knife, causing her entrals to protrude. George A. Cuningham and Chas. R. Johnson, Aldermen of Grifiln, are dele gates to the Baltimore Convention. J. R. amount to a forcible detainer, as the-Justice charged the jury on the trial. There was no error in the jndgment of the court below in sustaining the certiorari and setting aside the verdict on the statement of facts disclosed by the record, and we affirm the judgment of the court on tj»,at point, but instead of award- all he had to do wus to present the claim and get the money. Wigfall refused to give the name of tho lawyer as he had been requested to treat the matter confidentially. It is sus pected that this claim is againat the 8tate Road and certified to by the commissioners recently appointod by Bullock to settle the ing a final Judg ment in the case, we direct claims against that road.—Special Dispatch to that a new trial be had of the whole case be- the Savannah Advertiser. fore another jury. Judgment affirmed and anew trial ordered. L. R. Ray for plaintiff in error. Lester & Thomson for defeudaut. 8. T. W. Minoj vs. H. V. Clark et al. Equity, from Fayette. WARNER, J James M. Crofut, Chairman of the Board of Health of Beaufort, South Caroliua, In forms the editor of the Savannah N ews that the yellow fever has entirely disappeared from that l<>catily. Woollen & Haight’s Circus gave their last performance yesterday evening, and the managers are assured that they have fully corno up to the greatest ex- This is a bill filed by the complainant 1 pectations, and merit the liberal patronage ty A Clergyman was asked whether the members of bis church were united. He re plied that they were perfectly Halted fryeem WARNER, J. concurring. I concur in tho affirmance of the judgment of the court below, on the ground that Act of 1870 requiring an affidavit of tbe pay ment of taxes on all debu contracted prior to the 1st June, 1865, as a condition pre cedent to a recovery by suit thereon in the courts of this State, is unconstitutional and void. Olin Welborn, A- W- Hammond A Son, for plaintiff in error. Hill A Candler, W. Akin, contra. James M. Austin va. Wm. Markham. Motion from Fayette. McCAY. J. 1st. A motion to reinstate a case made at a term subsequent to that at which the judg ment of dismissal waa had. stands on the footing of a motion for a new trial, and re quires the same excuses for the delay a* le required in motions for new trial after the has passed. H A propose to pay a debt due by an ap plicant to be declared a bankrupt, in consid eration that the payee will withdraw his ob jections in the Bankrupt Court, tc in* dis charge of the bankrupt, is illegal and void, nod po action can be sustained on »uch premia Judgment reversed- R. T. Dorsey. Hugh Buchanan, for plain tiff in error. Tidwell, Fears A Arnold, contra. BparksATyeva David Burghiem. Certiorari from Fulton- McCAY, J. Section 3987 of the Revised Code, requiring the plantiff In eertsorari to give the oppoeue party in interest written notice of the aano- uoa of tbe writ, and time and place of hear ing, at least three days before the sitting of the court, to which it is returnable etc., ecu applies to cerOoraris from the justice courts, and is still of force under the Coastitn- tiooof 1868. Judgement affirmed. Mynau A Dell, for plantiff in error. John MiUedge, Jr., eontra E. J. Sullivan vs. The Cotton States’ Life Insurance Company Complaiut, from Henry. WARNER, J. This was an action brought by the plaintiff against the defomlnut <>n * Life Insurance policy, dated October, 1869, by which the de fendant contracted to insure the plaintiff and her hu^bnqd on the terms and stipulations therein contained, in ihe sum of one thous and dollars, during the conlipuapce of their natural lives. The plaintiff allege* tbnt her husband, T. M. SuHivno, died on the 7th day of May, 1870. Tlie defendant plead ia bar of tlm plaintiff's right to recover, the non payment of tho premium dqe oq tl)e policy oa the 93th of April, prior to his deqth, as required by tho terms aud conditions of the policy, which is as follows: “That an annual premium of fifty-eight dollars and four cents, to be paid on or before the 25th day of Octo ber, in each end every year, from the date of and during the continuance of this policy, which annnal premium is to be paid in man ner following : An annual loan of twenty- nine dollars, and a cash semi-annual premium of fourteen dollars and eighty-one cents, to be paid qu the 2Qth day of October and April. Provided, Alqrqjl XU(J this policy is issued by this company, ana accepts) by the insured, on the following exprtss condi tions : First, ff the premiums due on lias pulley ikall not l<e paid at the times above mentioned, then Uiis policy shall terminate and become void and of no effect.” 8uch is the express condition of the the contract in relation to the nonpayment of the premiums stipulated to be paid in the oolicy. On the trisi of the case it was uot |)rete«*ded that the semi-annual premium which became due on the 25th of April, 1870, had been paid, or offered to be paid by the insured to the company or iu agents, but the plaintiff offered evidence to prove that prior to the execution and delivery of the policy, one who was acting as the agent of the company tq obtain policies of insurance, told the deceased tuat qSfoqld qi^ke no dif ferent if Ifoe premiums were not paid tygu- larly to the day, to the mopey was paid in a short time after the day, if paid as soon as convenient afterward. Oa objection being jnsd®, this evidence was rejected by the court, ana the plaintiff excepted. There waa no error in the court in ruling out this evidence It is a well settled principle of the law that parol declarations hafcnqt be received to vary or contradict the terms of a wmuto contract; all that was said between the contracting par ties in relation to the terms and stipulations of the contract, is presumed to have been merged in the written contract, which is the highest and best evidence of the contract between the partire. In lbs absence of any pyidence as to the fraud, accident or mistake, at tho time of its execution,' delivery and ac- ] ceptance by the contracting parties. And the may be said of the entire evidence of Mrs. gqllivan, which was ruled out by the court. As to the evidsneg of tip) custom of tbe company to receive the payment of pw»- m iums after the day of payment had expired from living persons who were insured—ad mitting that suck 9 custom wm proved, still ; there was no evidenoe that it wm the custom of the company to receive the payment of premiums after the day of payment when against the defendant's pray log for a specific performance of an alleged ’contract in rela tion to a tract of land. Tho complainant alleges that the lot of land whh the property >f L. B. Clark ul tho time of hi* death, who died leaving a will by which he appoiuted his wife, and •jA'liaily, executrix and execu tor thereof, trim-in the year 1865 the execu tor and legated under s tie! will enterod into an agreement to divide the tentatoris estate without any reference to th© provisions of the teatatorjiwdll, that Franklin Clerk, ane of the legatiK'aTObor the will, transferred fch» In- te:est u* such legatee to one Austin, that when the division of the estate uhder tho agreement t«x>k place, Austin received as hi* alnire thereof iot of laud No. 184 upon his paying to the other parties th**um ot $1,500 in Confederate money; that atterwarda, oq the 25th M* eh, IMS, Austin executed bis obligation to the complainant for the Mum of $5,000 in t-oufederate money or $100 in gold, which wa* to be discharged hr making him or hi* heirs a title to lot No. l&i, drawn by Austin as part of thecsiato of the deceased testator. It also appears from the complain ant’s bill that this tract of laud was sold |hy the executor* of the testator by virtue of an order of th© Court of Ordiuary at public outcry on the first Tuesday m January, 1366, for the sum of $1,150, aud purchased by Hiram Clark, one tho legatees under the will, who has since sold it to parlies who had notice of complainant’s claim. There is no allegation in complainant's bill that at the time of the alleged division of the testator’s estate, that there were no debt* due by the testator, or that all life legatees tyere of fufl agp, but oq th© contrary, it appears on the facp of the bill that one of them was a minor. The prayer of the bill is that th© legatees under the will may lie decreed to execute a title to the complainant to lot number 184, he offer ing to'‘(>4y tl;o yjUuo of tbe $l,5QQ du« by Austin in Confederate money in February, 1865, tho time of the division of the estate. To this bill of complaint the defendants de murred for want of equity, the courl sus tained the demurrer and dismissed it, where upon the complainant excepted: Held, That there was no error in tho court tielow in sustaining the demurrer for want of equity, and in dismissing the same. Judgment affirmed. Tidwell A Fears, RT. Dorsey, for plaintiff in error. J. S.'Hlalqck, C. peepjes, contrq. ■* *■■**• >**llllle« 1 always distinguished for honesty and integri- The nomination of the Hon. James »■ j tOT<X ^ r ' a tb * tC,ly Doolittle ns the Democratic candidate for j Everywhereit U reorganizing, laving aside Governor of Wisconsin is a wise act. | dead Issues, and rising to meet the great "COMh; HOMK, RUFUS.'' SONG OF \ STATE BO AD RADICAL, Standing at tho calibooao door. For hc> loot hi* “i*o*tsV oa the Road, And a “rturm" if (wlting him tore. Rcrns. dear Rafu«, come hack to we sow. Not a (Mtt have I left, not a hone: Ton waitl yon would come “utrait beck" from Am North, Aa aoon aa “tho^e bond**" were *11 goaa. The “cro*» tie*' *rv dame, and iu oold wlikoat ire. And yet—It'* tUrnttl hot In these h^tne hotaw* .ind hamap that we “B» the •trict^t scoaomy" got. Knfii Nancy Woddail y». Austin 4 Holiday. Complaint, from Fulton. WARNER, J. This was an action brought by the plain tiff* against the defendant on a contract for the purchase of a kiln of brick, and on the trial of tbe main question at issue between the parties, was whether the bricks were sold by the plaintiff* to the defendant at $62bO per Uioujpand at ki)a count, or at that price per thousand 43 the seme we*e djtiiief«d to tlu defendant. On this point in the case the evi dence was contradictory and conflicting. The jury found a verdict for the plaintiff*. It also appears in the record that after com mencement ui the suit, the plgtqtiffs had been declared bankrupts. A rnqtion was iqade for 4 pew tiid Oh the ground that ih« potij-t erred in saying to th® jury tbet jf they found for the plaintiff*, they should find their ver dict in the name of the plaintiffs for the use cf the assignee in the bankruptcy, and gested to them the form of their verdict find no error in the ruling of the court on this point ia the case. The verdict and judg ment will be a sufficient protection to the de fendant, and it waa not a matter of concern to her who got the money if she owed it; besides, it does not affirmatively appear that her legal rights were in any way injured on the trial by this ruling of the court as to tbe form of the verdict. It appears in tho record that evidence waa admitted on the' trial without objection, that the defendant had sold the bricks at a higher price than she had paid for them. After the conclusion of the charge of the ebuit to tba ^ury, fhe defendants counsel orally requested the court tp charge them, that the sale of bricks at a higher price than tb® defendant paid for them could not influ ence them in finding a verdict, which request the court refused, ft is not by any means cer* tain that it would have been proper for the UicU they have received in our city. _ difficulty occurred between two colored sta men in Savannah, by the names of Charles Cole and Isaac Uavelow, in which the latter received a cut. from the effects of which he has since died. Mr. William Rogers, Bupcrin • tendent of the Central Railroad, has been in Great Britain for some time purahasing steel rails for the road. Mr. Wadiey, President of the road, intends building a mammoth depot in Macon ou the site of the old Court House, at the foot of Mulberry street. ftavanqaU has burglars. Col. Henry Eden is a candidate for Mayor of Savannah. A tele graph office baa been opened at Fleming on tho Atlantic and Gulf Road.—Savannah belts. Tennessee News Items, [PQXnBMBD FOB TH* OQNMITCTiOS.] Judge Wood* refused the application of the second mortgage bondholders of the Nashville and Chattanooga Railroad for the appoiutuieut of a Receiver, thus leaving the road in poiMHMiou of Alabama. The Judg* has given an order for the immediate com mencement of the bankruptcy suit which is to be tried before Judge Uusteed.—Chatta nooga Times. l)r. Rhea, of McMinnville, has embarked in a boat of his own building, intending to go the State of Michigan by water. Corn is selling at fifty cents a bushel in Knoxville. One hundred aud eighty couples hare mar ried in Hamilton county since the 15th of January. The cotton crop of West Tennes see i* aaid to be much injured by drought. A meeting qf the Uliancejfqr* of Tennessee has liiien called fqf tljo purptito of regulating the rule* pertaining to the practice of the Ckan- pery Courts. Midddle Tennessee has seventy- five distilleries in operation. A party dig ging a well in Lincoln county struck a stream of gas at the depth of sixteen feet, which hunts readily on being touched with a match. Benatur Urowniow's health is so much im proved as to enable him to ride around town in a carriage.—Tennessee Tribune. The Giles County Fair will open on the 10th ot October. The condition of Gen. John C Brown, Governor elect, is improving. His friends arc hopeful that he will soon be re stored to health. M. L. Alexander, one of the wounded by the accident on the Louis ville Railroad, is here. His face is slight ly disfigured; otherwise he is all light H. T. Mossengale has returned bomo iroin U14 ^quthpfn trip. Hp says Georgja can beat the world for failroada. and he has traveled over every rail in the State. Tho Board of Trade of Nashville is excited over the sub ject of getting up a boat for the trade of the Tennessee river. Mr. Gray has returned from Chicago, where he has engaged a first class theatrical company. Nashville had a flro on the morning of the 15th. The St. Cloud Hotel and Battle House were damaged to some extent. The Are originated in the kitchen of the Battle House. Chattanooga is putting up lamp posts for gas. The amount of taxable property Chattanooga ts $8,666,- 728. A Union Church is being built at Cum berland City. The new Memphis theater is open. There are ten men in the Memphis jail indicted for murder. Mr. D. Winter, a well known citizen of Memphis, is dead.—Nash- title PflKft <\hd American. ■•will Carolina New* Items, [ooxnsxnro vom ths oomstitvtiox.] In spite of groundless and sensational ru mors prejudicial to the business interests of Charleston, we And that the actual results, as far aa reached, are more favorable than could have been expected under the circumstances to which we have alluded. The substantial figures of our general business are highly satisfactory. Charleston has suffered less by fires in the past year than any other city in the United States for the same period. The department has been called out twenty- foyr times—twelve by fires and twelve by false alarms. Tb® losses that have occurred reach $45,5U. The steamships reaching Charleston from Northern ports come ytith crowded freights.—Charleston Courier. Thfi corn crop of York county has been cut down oqe-h%lf on apcoqnt of tho drought, i Everything in Columbia in the way of trade and improvements hss an encouraging pros pect Several large buildings are in course We have talked with a gentleman Just from that State who says the campaign is waxing warm. The Democracy of Wiscon sin have, in common with tbe party in every oilier Northern State, buried the “ war issue* ” as, iu their judgment, the only practical way of getting the verdict of the_ people against centralism. Our informant states what we found to be the case in the Northern States, viz.: that the Republicans are using great effect against the Democracy the tierce utterance* of some of our Southern Demo cratic papers and persons against tbe new movement. This movement of putting aside ‘ war issues’’ is utterly powerless iu the face of Southern opposition, which is its natural and inevitable antidote. The Northern De mocracy, feeling the absolute hopelessness of getting the ear of the county on the mighty issues of imperialism, while the disturbing and irredeemably sectional question of war results is agitated, have been forced to a de cided expression of opinion in settlement of this question. This expression, however em phatic and general, goes for nothing in the face of Southern dissent and opposition, par ticularly when such opposition comes from the old political leaders of the South. Such opposition is simply the inevitable defeat of the movement, the practical denial of it* truth and sincerity, by those whose dissent ia deadly to ita success. One local victory in each State by tho Democracy of the Northern States now under Radical rule on this burial of war is sues would give the party an Immense lever age of power, and smooth tbe way for the more effective presentation of the dangers of consolidation in the great national contest of 1872. The harm of crippling our Northern friends in the local fights now going on North is therefore full of peril to the party. The evil of nationalizing these local contests, and iuterferlng in them to the disadvantage of the Northern Democracy by forcing our peculiar viows iu the South upon them to their vital disadvantage has seemed to us a fatal one, whose vast results for damage to the prospects of the party cannot be over estimated. Hence have we urged that we of the South remain quiet. And we have been confirmed in this opinion by a tangible obser vation of the temper aud view* of the Northern people, a perception of the dam&gff I already done by the course of some of our Southern Democrats, and by a practical in tight into the real situation of the North ern Democracy. But we have wandered from our subject, which was the fitness of Mr. Doolittle’s nom ination at this time. This gentleman is one of the leading men of the West; a man of brains and integrity. Ilis career has pecu liarly exemplified his political honesty. It is marked by one of the most n markable episodes that we ever knew of any public man. lie has twice changed his political affiliations, and each time left the strong party for the weak one, the party iu power for tho party out of power. lie was originally a Democrat of the strict est Jeffersonian school. He left this party in its zenit i of glory on that momentous Missouri comprumiso measure. Hu was one of the most earnest war men of the North, and an ardent champion of tbe Union. He left the Republican party on account of its unconstitutional policy of Southern recon struction. His course has signal!) and con spicuously illustrated his conscientious devo tion to principle, and his utter disregard of personal interest. It is rare that public men vince fidelity to conviction as he has done. Mr. Doolittle is a type of tbe n-presenta- tivo Northern Democrat. It is $ *tern fact that this class of men are aa much in favor of the “war-results,” as the most ultra Radical. They (ought in the war and for tlie war, and any “war-issue" must unite them with the Republicans. Hence tho new movement of the Democrats in burryiqg “war-Laues,” and hence th® damage from Southern opposition to it. Mr. Doolittle's position Is a Northern Dem ocratic representative on©, perhaps as stri kingly typical as could be found. I 1 a speech just made at Janesville, Wisconsin, a speech that we can call fitly, a powerful nud telling one, he strikes the Radical party thunder blows for their reconstruction polity. He tells that he severed from the party on this question, and opposed it at every stage of its progress. He tells how he fought negro sufirago and Southern disfranchisement, in tho very face of tho cry of “traitor" from his party, and with the party lash excoriating his back, lie arraigns the Radical party lor keeping up war after the people had achieved peace, for breaking it* Union pledges, for keeping up the revolution in the South, for carrying the military reconstruction outside of the Constitution, and for it* terrible and deadly usurpations. Through the whole ad dress, there 1* a scathing dissection of the Radical administration—a telling arraign ment before the bar of public opinion for its crimes. In regard to the new moyerne;!?, he thus speaks, iu connection with military recon struction This revolutionary idea well accorded with the passions which the war had ei gendered, and which the assassination of President Lincoln made, if possible, fiercer than ever before. It took full possession of the leader* of the Radical party, and ha* bei n actually carried out in the military reconstruction of the South. And, fellow-Democruts, how ever much we may have opposed it and de plored iu adoption, we are compelled \o ad mit the fact that it h*s Inscomt* * part of the history of the country, and that all the States fromnhe south have been admitted to representation upon it. We cannot recall the past; we cannot deny what has already been done. Nor can we close our eyes to the results of what has been done, nor avoid the consideration of what shall be now done to mitigate the evils of the present situation, and tq give promise of a better iut'vro. We have not space to give more of this powerful speech than a few paragraphs from the conclusion, which ring like the tones of a trumpet, and embody the true solution of the great problem of saving tbe country from despotism. Bear in mind there is a logical necessity which controls the action of parties until they are overthrown. If a false idea geu once enthroned in a party, while it remains in power, moving with all the force and mo mentum which victory gives it, that idea will rule it until it is beaten and chastened by de feat. Nq party when 0110c'it W taken up iu line of march in a given direction wi 1 ever arrest iu own victorious progress. To arrest it, it most be defeated and overthrown. The party in power is upon the high road to centralization. The only thing on earth which oan prevent it Is to overthrow it. [Applause and cheers ] I repeat, no party in power once moving the company had notice that the insured ^ have expressed an opinion in regard was dead, if the eame had been tendered, llie eT ij e nce admitted before the jury which was not done in this case. Alter * without objection, that it could not influence careful ext>minaticn of the facta of this case: ver( ji ct jf ihe defendant had desired apd |he law applicable thereto, we are of toe j to j iavc rid of lhat evidenoe before the of construction, and several more about to be in a wrong direction ever reforms itself. commenced upon, among them the new Market, City Hall and the United States buildings. M .jor E 8, Deane, State Audi tor, baa resigned that office. Columbia has a is only in defeat that it becomes chastened. In advereity it is purified. The present Fed eral party, long in power; corrupted by pat- _ _ _ ronage such as no party ever wielded before; factory. Rev. Lovick Pierce, D. IX, iatoxicated with toe idea q* ail power in the ■* *■ ‘ Federal Government, is oq toe food'which leads to imperialism. It can only be arreted — — - J . ., M. «tt» .» wwm i w*' vu w.uuju,. , in iu revolutionary progress apd purged of toe widow aad children cf the ana no j j^ve admitted it without objection, and' yei|a ajjb, Will, on Thursday, lay the cor-! iu corruption! by being overthrown. [Great we f®$i ilwtic », but as the company in-, ^ r en Ma *t lb® court to charge the Jury i ner stone of toe new Methodist Church j cheering.] And, felloe-citizens, thexe'i* but gjsts upon itt strict legki right Wider the con-1 lh t thev could that evidence, j building. The store of Messrs. W. D. Love one way in which that can be done, and that tract, it is our duty to administer the law ap-1 f ^ th ' cbnrge bad been given as req“*»t-! A Co , caught fire Saturday night. Prompt j is by restoring toeold Democratic Republican plkibls Uierereto. Lit the judgment of tie ^ tb6 ,|“f. fcsd foun< f, Ter dtct for the ection »oon put ererjthing beyond the reech party of Jefferaon. of Madison, and of Jack- oourt Mow be affl rmed. I defendant, the plaintiff might bare complain-1 of danger, \rbich might hare been eerioua. i son to power. ITremendoui cheers! Judgment affirmed. _ J ‘ ed ™“tbe Mart tad inriSed the pfom^see of Lo»4 *100 A novel esse can)* un before; Let njea^mJ yuu, my wpuhlicaft fellow - - — the jury, bylnstnieting them that theywere jrustic’Thompeoq In Columbia, ou Saturday, i citizen., there Is no middle ground; there u not to consider the erideBPe which was before in the shape at a charge of assault Siaged to no half-wayir, h for defendant in error. Qeo. W. Bryan, J. D. Stewart, by C. Pee- plea, eontra. * H. Hamrick va. David Darnel L Certio rari from Campbell. WARNER, J. • This case cams before toe court If low on a certiorari from a justice’s court alleging cer tain errors to hare been committed on toe tried ot a case of “focible entry and detainer” a^'B-CaW M.Sm^«na^="„';.“ 1 U5LV»!S to the Jury excluded from their coo- eirculatton of slauderom report* and ,tories 3,YW,pW of.WfcvJ|V* *° 0 .*“** *9 d . 1 *' don snT other price for the bricks then regarding the lady's character. The ease was: solved. U *“* bee ? lo ?« ehajrteued by de- me conmn pri« Stw court charged the I tried before a jury, whose sentence was “not | feat. Aside from the city of New Vork, no Jury that ‘If it should appear toySbfrom' guilty,” and gave .satisfaction to the numbers. ^ co ^P U d °S u “ ]A nd the testimony that tha plaintiSk sold and I preesgt—OcSf Fnson I even there, the old Silas Wright IXmocracy, them, given ^deration any crisis, to be once more the guardian and savior of Republican liberty. Between these p&rties all must choose. There are but two sides to a straight Hue. A man cannot act with both parties at once, lie must act with one or the other. One or tbe other is logi cally right on the great issue of the hour, and he must elioose the one or the other. It is as true in politics as in religion, “He that is not for me is against me.” Let us act with the party which is now right,and again*! the party which is now wrong. Whatever other may do. I was never more clear in my convictions that it is my duty to give mV full, unwavering, and earnest support to the Democratic-Republican party of Wisconsin [Great applause ] Oeargla and Her 1'aAcveloped VIiti er al Vateresta. “ Mr. J. W. Jones, of Lebanon, Pennsvl vania, hss recently spent some time in ex Dloring the Iron regions of U pper Georgia. Mr. Jones is toe proprietor of a large mining interest* in Pennsylvania, and he gives it as hi* opinion that Georgia and Alabama are richer in iron ore than any Slate in the L nion. Iron which cost* $8 a ton forgetting out in Pennsylvania, can be gotten out Georgia for $1 60.” In 1869, Col. E. Hulbert,'Superintendent Western and Allan lie Railroad, impressed with the conviction that valuable deposits of coal and iron existed in Northwest Georgia, authorized the Rev. Churl©* Howard Kingston, to make a general preliminary ex ploration of that portion of the territory of Georgia between th© Western and Atlantic Railroad and the State of Alabama and Ten nessee, north of Rome, Ga., and to report the result of that examination to him The report waa printed in pamphlet form and scattered broadcast over the State, but failed to arouse the interest which the impor tance of tho subject would warraut. In speaking of tho deposits of iron, Mr. Howard 6aya: “Along the base of the Lookout, and sepa rated by a narrow valley of an average of one half mile, there i* a small mountain called Shinbone, which accompanies Lookout from Gadsden to tho terminus of Pigeon Moun tain. This Shinbone mountain is an almost continuous bed of pure fossiliferous iron ore, from its beginning to iu end. Thu* the coai and the irou ore are within a mile of each other for a disUnco of more than forty mile*. The lime will corno when this narrow valley will Ihj filled with furnaces. There i* the coal, tlie iron, lime, sand-stone, fire-clay, tlu* water—all that is needed is capital and trans portation. * Leaving 8h!nbono, I crossed east to Dirt Seller Mountain, in the southern portion of Broom Town Valley, in Chattooga county. This mountain ruus northeast and southwest, and i* about twelve miles long. I saw upon it, without exaggeration, acres of ground literally paved with too heaviest and finest of fossiliferous ore. I examined the irou ore of the east of Taylor’s Ridge, between Maddox Gap and Trends way. It is impossible to exaggerate the quantity aud value of this ore. It is iu- exhauslable, aud is the same fossiliferous ore now used at Cornwall and found at Round Mountaiu—perhaps heavier and richer than either.” And yet, with this wonderfully rich and in- exhaustable supply of iron oie, but few miles distant from, aud almost within sight of our railways, these mines of wealth and inde pendence, remain undeveloped for the want of enterprise on our part. With the hills and mountains of North west Georgia, packed full, and literally paved with iron of richest quality, we import our supplies of this precious metal. Penn sylvania grows rieb in furnishing Georgia with iron and steel, with plows, which are literally worn out on toe Iron ore covering her hill sides. Georgia grows poor under this^sulcidal policy. Shall wc develop the mines of wealth and thereby render ourselves independent, or shall remain the slaves of toe more enterpris ing? We speak of Georgia as the Empire State the South, while in fact, It U an empire of wants, supplied by others. On the subject of coal, Mr. Howard, says: I ascended Lookout Mountain at Cooper's Gap, between fifteen and twenty miles west of Ringgold, on the Western and Atlantic Railroad. Lookout Mountain at this point is between five and six miles brood. About midway of the niouutain and on the top, there rises a comparatively small mountain, which is called Round Mountain. This ele vation is 300 or 400 feet high above the gen eral surface of Lookout. It is about two miles iu diameter at its base, about six miles circumference. I found coal cropping out ten different places around the base of the mountain. Three different seams show them selves at different elevations. These seams vary in thickness from twenty-four to forty inches, but always increase in depth as they are opened. The coal is of excellent quality, very free irom sulphur, and burning freely on a frea wood fire. It ia free from slate aud leaves but little ashes. The quantity of coal in this locality must be enormous. The seams are horizontal and the opportunity for drainage admirable. Round Mountain and vLinity can supply the wants of Georgia for an indefinite period. The width of this Georgia coal territory varies from one to twelve miles.” With ample deposits within our own terri tory, wo import our supplies of coal for Mid die, Western and Southwestern Georgia, from Alabama nnd Tennessee, and for Eastern Georgia from Pennsylvania. How long, pray, must we continue to buy from others and permit our own deposits to remain locked up in our hills and mountains Mr. Howard, says further: “This exam ination discloses a vast amount of dormant material wealth heretofore and now wholly useless to the btate.” “It is fortunate for us that Lookout, in Georgia, contain* a full supply of coal for all our wants. The question now arises aa to whether it would remunerate tlie State to develop these dormant resources by affording to them rail road transportation. It is now a settled fact that we have coal, iron ore, and probably oil, in great abundance. They are now worth less for want of transportation.” Atlanta draws her main supply of coal from point 260 miles distant Tho coal beds de scribed by Mr. Howard 4ri> distant only about 135 miles. There are three railroad charters in exis tence, namely: The Atlanta and Lookout, from Ringgold, the Lookout from Kingston, and tbe Rome and Summerville from Rome, either of which if completed would develop the coal beds of Georgia. The building of toe latter would furnish Rome with cheap coal, rapidly build up her manufacturing interests, and in five or six ; rears give her thirty to forty thousand in- isbitants. The completion of either of the other lines will give Ad*nLa cheap coal, without which ahe can never become a manufacturing city. Shall we develop our Georgia mines, or shall we continue to pay tribute to Alabama and Tennessee ? Thk Kkntccky Jock by Club’s New Rules.—At a meeting of the members of the Jockey Club of the Kentucky Association on Tuesday last, the following rules in re gard to starting horses on the course were adopted: The riders alone shall have control of the horses in starting. No sponging vaI the horses can oehad after the iigqal lo mount is given, and after each heat the horses shall be token to th® cooling grounds to be sponged out In more concise words, no home shall be sponge! out on the quartar-atretqh. This last is too principle feature of the new rules. Hitherto men with buckets of water have been allowed to nunc on the quarter stretch, just before tlie nee and be tween heats, to sponge off their horses or water them. They often made p Idles upon the trq©k by their Carelessness, thus endanger ing toe safety of toe hornet, and causing, as Is believed, the letting down of many a good racef. The new rule cannot hut meet with genaral approval—Lexington Frees. A story ia going toe rounds, of an old col ored wan who was left in charge of a tele graph office In New Orleans while the ope rator went out * to set a nutn.” A “ call' came oyer the vrtrea, and uncle Pete shouted at tbe instrument aa loud aa he could—“ De operator isn’t y«r!“ The noise ceased in •tan ter. Jtt»l sow. ufun, <»or A. I*. I? crowing <|uile won, Tbe*r “warrant* ' an- flying m> faal; Aud ahauld the “epidemic acize our^Blodjj, They aay, it will prove hi* la*t. I tell you, dear Rufut*. ah me. boo-hoo. Just think of B.'x sjuinj* to “old nick." Sore 4 w« have of hi* “ttlenu But, ltufus—bo a «uyWfy tick. To California, my Hufat. they «•▼, A “ph\>iciau“ «hi m*nd you to get A little forta?U9 of briuielouc and sulphur; But Ailauu is hofttr. you bet. We're lonely, p.*or A. L. I? weeping, “C«»me quickly, or we'll all be Rone,** We'll be making track-*, i: you dou't come back— We're uot able to “go It alone.** “Coaae home, boo boo, come home, Bear Itufu-. Kufaa, come home." Templeton eant in reply the following: O daughter, you know 1 can't come home, juat now. Though the Opera Hou«c dock hat atrnck three. The triala are not o\er ; but lasting too hm^ For Old Fatly aud Mr. McC—. Indeed, I can't come! I fear the alarms Te'e.raphed m- by every B. B. or Ith d:;y if boldine fat Jack in hit amt. And 1 don't want hiui to drop upoa umx t'orne home, hoo hoo. come home, l)c*r Kufut. tweet hufua, come home. Thit brought down the hoime In the avutc enthwl attic tpp'ante. hit of the acaton. We had teen the eapf of the tong knnetnu on the local hook at TanOoaevi- tion ottce, and nueniu* it, knowing that the who perpetrated it fctul gone North, we preeama® that he had carried it off with him. It appears, however, that tome attache of Templetou't Troupe rtaitiag the office laid hands on it. The Troupe go hence to Savannah, and wicon city. tlu: peo.le of our prosperous *IM From the Capital TDK FAMILY MAN. There wa« a ftmout tanner once. Which hit name waa Urant, Wuo htd a num'roust family With income that wss scant; But this tanner w.i Of wonderful rri In killing ofl hit w And nrst he flxcu a Caeey And then he Ivd a I>enr Then for fortyn condcoot lie IncoauueuUy went. Then came the piou* Corbi Then broth.T Orvfl, called the awfal. Of sinful Cuic-a-go, The last of all thin family That any one conhl see, Thai* minister would be. Au so, when haif-sca* over. Over the sens went he. ng up He'd brook no *!«w delay ; The wh'le hi* Unde Samuel Wat filled with wild di-nt To And bin soldier President So in the family wav. TUB F A ti VBKtS J.IFK. Oh ! give me the lift- . . a farmer's wife. In tlie field* aud wo.-da so bright, 'Mong t .e sdugii i; b nl- and the lowing herJ*, >M the clover Ido-*.ms white. The note or the in.•niiiu'H heavenward l*rk, l* the mu*ic wweet It. me ; And the dewy Bowers »n the early Itoura, The genu 1 love lo -eel Oh! give mo the breeze fr. The murmur of summer And th- swallow's sonj_ r a* the waring trews *kims along, turning out When Ills dally work ;* done. And give the root and th' luscious fruit. My own hand* rear for food ; And the bread so fight, and the honey white,] And the milk so pure and good ; F.ir tweet tho bread of !-bor*w. When the heart it strong and true. And ble‘*ln*« will r** 1 ".-* • > the hear .a and I torn*. If oar best wc bravely do. A FtfOLIKH VU1/5II1 WIFE. Iks Elopeu the Mecuud Day After Aar Itlarrlof* With a lonmg New Ymrftt Raaoat-Ke IUb» Her at 41,m aad Leaves Her lu linr rate. From the Kansas City (Mo. > Times, Bept. &. Boon after the arrival of the eleven o'clock Hannibal and BL Joseph train on Monday [night the railroad “litis" depoaiteu at on© of our principal hotels fa young and beautiful girl, about nineteen yeans of age. She had no baggage, and was apparently in great dia- treas. It was with n tremblin'; and choked voice that she gave her name to the clerk and desired to be shown to a room. In the morning the landlord of the hole! waited ujM>n her, and, after considerable difficulty elicited the following history of her trouble*: | Her name she gave as Elba Adam*. She had left her parents’ home, near Lima, San dusky county, Ohio, one week ago, the rest less, * dissatisfied bride of a young farmer, Vho had been given to her as her hu»!iand. They had been school-mates together in Bhildhood, she attending school at Oberlin, lie working on his father’s farm. The mar riage was not objectionable to her, neither was it her choice. The young couple were married and took the train at Norwalk for Cleveland, where they took passage via th* lakes for Chicago, intending, a* she stales, to visit some friend* of her husband near Elgin, llliuois. The steamer was crowded with a gay and festive cosmopolitan crowd, including preach ers. gambler*, farmers, trailers, torn is ta and “schoolmarma.” The evenings were long and pleasant and the company Bootable. In the party on board were a party from Buffa lo, among whom was a good looking, well dressed youth, not more than twenty twu years of age, to whom the young wife wo* introduced. “George I). IC&nktn aud Mr*. Adams” soon became very friendly, and to pass the evenings away Mr*. Adams, who had been nurtured in toe lap of frcc-loveiatn, proposed a game of “Planchcttc.” Tlie mys terious \>oard was produced, and, as she say*, “worked to a charm.” They played wait tlie trinket every eve ning upon the cabin table, and from it she learned that Mr. Rankin was her true hus band, and lhat nothing should intervene to keep them separate. Through the mischiev ous “Planchette" Rankin planned an elope ment at Milwaukee, and a flight to hi* friends in Colorado. The stolid young farmer, l»usy with the fast youths on the forecastle and deck, noticed nothing unusual in the cloaa intimacy between his Elba and the young New Yorker, nor di 1 he suspect anything when she asked and obtained from him hi* well filled pocket-txHik. Tl»c New Y’orker and Mr*. Adams took a short walk while the ateamer touched at Milwaukee, and of courae forgot to return. A fast night train carried them to Chicago, and then on to Quincy, where they tarried in concealment to watch for and elude pursuit. While there, Rankin obtained possession of h< r money, amount ing to nearly $1,000, am 1 exchanged a worth less gilt ring for a valuable diamond one—a gift from her mother. They continued their journey on Monday, and all went well until they reached Cameron, when her “affluity,” Rankin, left her, as he said, “for a few minutes to take a smoke in a forward car.” He did not return; the train moved on twit be came not Mrs. Adams became anxious; she called the conductor; he hud a note for her, written on one of Itankin's own card*. It read: Dear Girl : I am called suddenly away from vou. Kttnm to your “hubby" at Elgin until I call for you. Au revoir. George. The train brought the »ham©-*tn<-ken wife to Kansas City without baggage or mean* to return home. Her dream ot love was sud denly broken, her cup of joy dashed aside, and *he now realizes the first hitter lesson of human depravity and th© folly of “ Plan- Ichette.” Fortunately she remembered that her mother had frieuds living in the city, and yesterday, by the aid of the police, found one of them in Mr. D. P. Jamison, proprietor of a railroad hoarding house in the BoIUhii. There she will remain until Iter huslmnd calls or sends for her. Useful Trinor—A\x*ut 2 o’clock on a December night in Illinois, when the ther mometer stood in the m-iirliliorliood ■•fjzero, a party of wags hailed a fannboux* iu very boisterous manner. The farmer sprang out of bis bed, drew on a few articles of cloth ing, and ran out to *«•«• what was wanted, when the following interesting dialogue oc curred : “ Have you anv hay, Mr. *” “ Plen ty of it, sir.” “Have you plenty of coru?" “Yea.” “Any oats?” “Yes.” “Any eggsr" “Y’es.” “Any butter?” “Yea.” “Plentyof meats an 1 breadstuff* ?" “Yes.” “ Well* wc are glad to bear it, lor they are useful tilings iu a family.” They drove off. The farmer waa slightly ns