The Weekly constitution. (Atlanta, Ga.) 1868-1878, November 07, 1871, Image 1

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Newspaper Page Text;Onstitntion iktcii^ilaai: ** maLI CO.N’STITLTIOS p*r icdub fi* 00 All mWHption* irv payable Mrictl r Id alTa&ee ui »t the txpOmUoe at UmUm for which paj i« Mde, anicw prwloBftl j renewed, the name of the iiUcribrr wUl be (trick** frow oer book*. V4T < lab* oi Ten $15 «. and a copy of the \+9*t ret free to tkegv’terap. ATLANTA, OA., NOVEMBEK 7. 1871 What **••» I Tbe rasinttian m ..jiloek, tad Ue feta tad defamatory letter «f explanation, non than rrer render it nox-—ary that a full and impartial invratitfatnm rlvjuld bo made ini- hie official rooduct. At f »r as we can Irani there seems to be t gre m ing opinion that a committee should b* ftj-|diiuted of able and honesl citizen* oulaidt of the legislature, who shall be empower** with full authority to send for person* pajwr*. A committee of such men as War rt-n Akin, Judge Worrell, Linton Stephen wad m<D like them would do the work well ft would l»e proper also to place on it so®* known fri'*n I of Governor BuIUjcIl lad th* examination tie thorough, exhaust Be and impartial. In this way can It l* inottniiK I whether r*c not Bullork’s resigns- ti .n w »« j>rotnj»:ed by guilt It is due alike to him and the people Ucaf n Orawa. Atlas rt.Gi., July r», 1871. At pay hi to*- order of the Georgf National Bonk twenty'five thousand dollar? V.ii r»<-eiv( d nnd charge the same to ar r ijut of the State, of Georgia. Kurus B. Blow i, Gontnor. T*» Y ricra National Ua.ns, New York C,m . Of !«Ur 27, 1»71, prewnted this to f L J«<n - an-1 inquired what it meant. II* • t I he did not know any further than it ws* * nt ov . •. th<* Governor (Bullock) and pair t one uf his clerk* or secretary. N. L. Akoikm, Treasurer. T? letter from Mr. Lane, the Cashier cf t i Fourth National Bank of New Yoik, arrvHnpitiyin? the a»iovr draft, state.! that i wa* drawn by Bollock to pay coupons prr- seute I at Atlanta. Treasurer Angler has nr- knowledge of the applieati *n of these f«in«l> Tbs I Isirn • «l SbuulB|. Tbe Itadieal orcai. i yesterday morning hforinl nrgiiin*/ for C<*nley’s holding THE WEEKLY CONSTITUTION. VOLUME IV.i ATLANTA, GEORGIA, TUESDAY, NOVEMBER 7, 1871. INUMBER 31 DKC IHION tsI • *nor as Notanr Public and ex-officio Ji of the Pence, and acting re such, to a rfe/ster r, and his official acts cannot he attacked collaterally by tbe parties to a suit, on the ground that bis appointment was not author ized by law. Objections to tbe form of the affidavit in an attachment are waived by the appearance enihracW in the two wrih* of trror V) urge them, this~court will not, -u"h P S^oSn *"«*« reJS. pant a new trial. In thi. f JS .nr lie. relied on the tli,- ^ ‘® e . P"“> CT **7 8ue another at law. Mit red at JUUnU. Tauta*, Oet 31.1871. urimns nnsufar r*>* m *tuit a oossti Ttnu, ar a. s. iasimd, a. «. ^roam.| W. c. Jones and M. O’Dowd vs. H. F. Rus. j of the defendant, and pleading to the merits, sell, Mayor, etc., and H.F. Russel), Mayor | A written notice to the defendant, that an vs. C. V. Walker, it al. Suit on bond* ■ attachment is pending against him, stating Jfrom Richmond. the court to which it is returnable, and the LOCH RANK, C J. j time, and stating on what property it has been ... iar111,um — > n nWmd «n mir levied, is a sufficient compliance wiib section I **•» * «*,? Code to authorize proved!.*. m - l>,aa a,™,! rLl by Uw. Djnnt? hi, term ln “ ordinary .im. e,pecially tf the defend- ‘ . * , l , .j 7...i... ant appear and plead to the menu, la Sin h auctioneer, . p P“J When objections were filet! to certain inter ntru,adtohim,aod fjU«l * pay } rogatories, as leading, and the Judge certi ue parties the p .. w j .. i fies. that upon his announcement, that if the f-cufitii-s upon th ; ' . ^ i objections were sustained he would continue lied in lischar^ ... ..lowed, and the sunties relied. on the dne ^ . f ^ ab|c ^ sh ' OWttLe airair9 of tbe nar^e of their pnn< n»a tS . CQncern ^ 8c ttled, as the jury can ascertain au.C' 1 the court dua °* b ■ . . . ..» what is justly due him, he may recover. , L.’'*'' Jj'ZyU^sJi nru\fT tin* fachT Upon the whole case, we think there was that Walker was diacharg error in the judgment—his judgment re- U iU.» . «C. i uc Hail scuou oi the Bankrupt fu-j ut . w tr :^, * J 6 1.1, .March 2. 18«», pro.idc «* d «* A D. Plcquct, A. II. Wright, for plaintiff ieated by the fraud or embezzlement of the inermr 1 * ’ v jaiikrup', or l.y hi, defalcation aa ■ puWic jj c " FosU;r j. C . c Black, contra. >fllcur, or whiiir acting in any fiduciary ^.ir- « ttr at.mil fat discharged under thi. Act. ; Jf ^ x nman , Administratrix, r». D. J. Jones, »V aiving the question as to whether ef not IlU*<rai:tv from Burke -V.lker wa, a puUic officer under the act of , c . nvr u In ' gld ‘‘ y ’ ff °“ Burke - DecemU r 24, 1HJ7, we are clear in the opin- " AWI *• that th*- del»t Mid on was created while This was an affidavit of illegality to a judg- umIut tn a fiduciary character, and therefore ment rendered against the defendant in No li.] ,,7,t f-uiiile the discharge of the principal I vember. 1on the ground that the note on in this case. i which tbe judgment was founded was a debt Held aoais, That the surcti -s on the bond the consideration of which was for the pur- r(1e nablc miller the facta, and wc therefore . chase of slaves. The plai itlfT-s m ule a mo- . ver-e th.- jadgment of the court in the case • lion to dismiss the affidavit of illegality on f ilit* Mayor, etc., vs. Walker et al , and the ground that the defendant had his day in IJirm the judgment in tlie case of Jones and 1 court and was note stopped from going be- > I tom .1 vc iSwael, Mayor, etc. 1, *■“ S ’ J - Jou-nh P. •' irr, p<;r .loncs r( al. H. W. Hilliard, eaatra. ; cepted. This case is within the principle de- Trover, | cided by this court during the present term 6Mr$ta Ntwa items. However erocooa the judgment of a majority ; oi thia court may have been aa to the law j it ufe^nrt 'be j n *‘ ,*» n 8 VJ^ n r *“i| n “WJ 1 II is wel1 known that “ the et “ Uo1 ’ to question that judgment by a refusal to ad-; l ^ e ! December last, for members of the . ! -,srar£,a i ss revfrlid. juugment of tne court Delow “ n4bi manned by the Scklaya, beat the King McCay. J., conenrring. ! Coltoa - Do>Wl» Won $300 running I concur in the judgment of the court in j r8ce °P eu *° ** ie world, this case. It being my opinion that there Rather too MuchtoIask.—We under- was sufficient evidence to justify the charge, stand that a female whoac character ia not leaving it for the jury to determine from the j 43 spotless as it might passed through evidence whether in fact the plaintiff had j c By on Saturday lM^^rootcto Mon* voluntarily engaged ia the controversy ' ~ “ * Hilliard and King, for plaintiff in error. Ik Wright, contra. gotnery, bearing with her ten thousand del j lira in money and diamonds which she had ! stolen from a residence in Milledgeville. The • polk* authorities have been notified of the , affair, and will take immediate steps to se cure the valuables and money. —MttconCitixen. ! There is evidently something on the tapis s through I °* more l ^ an ordinary interest in connection a —:tli the proceedings of tlie Unitc<l States J hind the judgment and getting up this de- ; (Ml by an &lfi lavitof Hlt|aHtT The Quart ’ overruled the motion and the defendant ex Byn tkiel Attaway. ha I Kullork's him xpired term. Its argument is i s, *«i'Sf*f qeiUI pbaiding, wduiae M»phi>tn ne*-.|s no annw(*r. The article is only signifi< ant as ahowinr Ibe pur|s»«4- to keep Conley in the Oubanato- rial eliair. and therrf»>re ci»nfirm:ng the state m* nls wc have given as to the conspiracy to |-n \«nt the dtportion of the Radical dy nasty. VV e think the 1 »w warrants our flr^t con- rl'cdoo, that Conley ia Governor pro tem, un«l tl»e le gislature ean immediatfdy provid* fra »|Mtinl election, in whieh event ho mils* yn id to the kUcefpsor then elected and quali fied. Thia is the plain letter of the constitution, and we Would have ft obeyed to the letter The Uw gives legal opportunity for an ex pr«>-ion of tlie voice of the people. Let US ►«e if the Radical conspirators will dare to ►••t ••'aide the legally expressed will of the people. Urajamin Caalajr. 'I t • |»recramnie under whieh Renjimin r**nley till* the Executive Chair of Georgia waa.aeror.ling to all aeeoanta, very carefully prepared, and contemplates (add and wily futberance of R idiral designs to control th* Hate. High Radical functionaries and lead ing Kulicul spirits, it is said, were hobnob l»:ng togetiMT industriously for some little tune to h*reho;tt a plot that would meet the euiergeney. N.. slip is to l»e left untaken to acrure t *»idey hi • tiler for the rest of Bullock's term. Ilult«*ek'«» letter is a preliminary to the invo- «ati.*n of Grant's interference. The Ku-Klux w ill In- ealled into play- And Bullock's re turn l*y Ak* i man's liayonrta b not an uncon- ►id* red entingmey. There apjMvtrs little doubt that the purpose of ih**se Radical conspirator* is for Conley to hold ot». Already one hears that the con stitutional provision authorizing the Lcgi-da- lure to enact % special ei**ction to till an un- rinirfil term, is tola* const no d to apply |(riM rally, and not to govern in a case when the Uw Wo*no! in f-Tee before the vacancy And that Conley will hold on to the office under .uiy pretext, ami by any means is cer tain. The w hole scheme. BuTlock’stimely rrtreat from d«wrrvrd inif-4 at-huieiit. hi* installation of C« nh y in the Executive office. In forestall ing the tiuberiialorial incumbency of the !> n».*cr.»lic l*n n»!ent of tbe new Senate, his ►ln.it h tier pn paring the way for Federal interfcr«-n.*e, and <iie <le«pcra!© purpose to liohl tie <i->\ernorship under form* and pre tences of l.w, constit'. tes a sharp piive of strategy. In the meantime everything that ran la* done to continue Radical power, thwart justice and throw odium upon the IVuscnirv will he attempted. We trust that the crisis will be warily* and wisely met Rsvrrnsr Uoll«»« k*» •.« iter Kiplsls* 1*1 ail* Meslgnaiinn. Buifivk's letter explaining his resignation was mximl loo late for comment in our yesterday's i*a>ue. It is an ailmit, false an.I calumnious document. A parting shot from a d« d Radical fiinctfimary, it is a fim* qNviuion of *lm*wd malignity. The statement** that the House would im- no-tliati'y vote f *r articles of impeaehment. with.>ut previiMk* inxestigaiion. and llepubli- caa Scuat«*r* would l»e unseatexl to secure c»w»VH'tii»n, arc falsehoods. It is also false that a Judge of the Supreme Court, Judge Warm r being meruit, is piny to such a pro gramme. and lias be«*n M-lecictl to preside daring the trial. It is also false that tbe Senator from T*v»mbs* District, Judge lleeae if elected President of the Senate, was to claim te. l»e G >vernor as a step in a i^mspira- cv. The President of the Senate, in ease of impeachment, would, under the Constitution, become the Governor until a special election •koufil be ordered by tk« Legislature These statement* are false, and as reasons f.w resignation wen truinj*ed up to cover the true caus<- »»f G«*vernor B.ilfix'k’s retirement, viz: drrotl of pumslimcnt for official Uelin- fMMka Bullock'-* letter has a two fold purpose. It is a known sham to csc ti>e the results of bit guilt, and it if a Radical dodge for partisan effecL It is a’.iae the subterfuge of crime ami a contr.hution of slander against the Democracy for Northern use. The conclu ding statement* were all ing< nioosly wniught out of fals:*h«vv1. witlio.it the slightest basis of fact, to help Uidicalism, and if possible secure a new reconstruction of Georgia. As a journalist w riling truth and vindica ting justice, we pronounce this letter of a criminal Executive, driven La resignation of kb oAec by the fear of penalty for his dee^b. as a slander and an untruth in everj respret. as f«ls * in fact, and uqjust to the people of Georgia. The coarse universally agreed upon In re- fard to Bulb a k. a* far as we can learn, was to have bis administration impartially inves tigated. and turu let u»e facts learned detsr- inine th-* c* *ur>e to l* p irsu* Afraid to meet thL investigation, Bullock has rvsigne^l. Time will show the uuth. The conmTTeuc. .»f bis rv>ignition with the discovery of his large illegal issue of Bnins- sick rrd Aiba^y Uuiroa«l Nmds. supple- mentrd by bis hmty flight to New k ork, brands him with a suspn ion of guilt that no joggling letters c«n remove Arrxn Brux* t.—An officer fn>m Geor gia has arrived in Washington with a war rant for tbe arrest of Governor Bullock, on the ch.ree of a misappropriation of State booth Tlad be not resigned it wa* the in ten lion of the authorities m the Slate to pro- ored with his impeachment. The story goes that tw.> or three millions are involved I Waskihploh telegram to ike Loutoeiiie Oo*trser JomnmL from Burke. [LOC HRANF, C' J Where it appeared from the record, that A ought an action of Trover to recover a wagon, which belonged to the Confederate Siiiu-ji at the time of the surrender of Gen ii Joseph E. Johnston, and sul*aeciuent to h *urr**nder was give to the brother of A, who was at work for the Confederate Slates author ilea al Augusta, by the Confederate acutes IJ-i .rtermoaicr, who gave it to A and it ter such giving to A, ha took it from the lr|*»t at Waynesboro where it was,and ran- t otl into tlie swamp, where B’s negroes Mind it, and B had it brought to his house and repaired, etc, mud afterwards hearing that A claimed the wagon, B reported it to the United State* authorities, who gave Blhe possession and u*e thereof; and upon the trial iiu; court r« iceted the written evidence of this possession by the Federal official in com mand of the District of Georgia and charged the jury 'that the receipt of the wagon by Attaway* fr»un a Confederate Quartermaster In Mctilement of his wages wa* a valid pay ment and coferred a complete title ahhomrh he same was made after such surrender,” and refused to charge ms requested by de- ndanli counsel as to the effect <<( the sur- ndtr a* to property, etc., and t ie j ury found •r me pi iinilff, und a motion made tsr new i d up m» the several grounds w»9 overruled by the court. iin.L:>, i uat the court erred in its view of the law of this case. The defendant hail the right to the evidence reje 'ted, for the written ^Hon of the authorities of the United [touching property captured or sur rendered to it by the Confederate States au thorities, was admissible and proper evidence >r the consideration of tlie jury. The ter ritory over which General Johnston had eominand, and which was covered by his surrender to General Sherman, being a part ■f the public history of the country, it was i»r duly of the court to take cognizance of, Without any proof of the fact, and the terms if this transaction being within the territory Iiu braced by tlie aui render, all properly ■ r*tiled by each military organization commanded by General Johnston, was imr- rendered by him; and the Confederate States .irierin.isU r had no power, and eould con- no title to the game by any act of liis; l the surrender, without actual manual session of the property surrendered hy lic United States authorities conferred to hem, the title or right of possession to such property surrendered, and, their disposition f such pro|H-rty was competent by such [military orders as that government may have lirdercd; and admissible in evidence to Biow the fact, and are conclusive against ny one claiming as by Confederate Hales ■ tie. When such orders have l»ecn procured without fraud, and are properly proven, anti eh as the court below ruled out such ■, atul t rrexl as to its charge anil re fusal to charge in the premises, we reverse the ■idlament t»f the court below refusing a new trial. I Judgment reversed. John J. Jones, A. 31. Rogers, for plainlitl 18 A. Corker, contra. M. \V. Spearman vs. L. 31. Wilson et al. Equity, from Putnam. OCHRANE.C. J. IInld, under the facts in this case. That it in the cast; of Miller vs. Albritton. Tho de fendant should have plead and proved the consideration of the debt on the trial of the cane when ih** judgment was rendered. Let the J idgment of the court below be reversed. John T. Shumate, for plaiatiff in error. A. It. Wright, contra. J. A. Leapt rot vs. E. A. Roberson, adminis- trix. Trover, from Washington. WARNER. J. This was an action brought by the plaintiff as administratrix against the defendant to re cover tho value of twenty-one bales of cot ton, alleged to have lieen converted by him to his own use. On the trial of tlie case the jury found a verdict for tho plaintiff for tho proven valuc2of the cotton. The defendant made a motion for a new trial on several grounds, which was overruled bv tb« court, and die defendant excepted. The defendant was offered as a witness to rebut and explain his declarations made to certain witnesses, who were examined on the trial in regard to the 1«*M of the cotton, but not as to any facts touching tho contract for the sale of the cotton inode between him-elf and the intes- titc. The rejection of the defendant as a witness by tlie court to p r ove the facts for which he was offered is n«.*i<ined as error. Tnis was a suit by the administratrix to re cover the value of the c-uton o.i a contract mado by her intestate with tho defendant, nnd it was under that contract that she de rived her title to the cotton. Where an executor or administra'or is a party in any suit on a contract of his testator or intestate, the other party shall not be admitted to testify in his own furor.—Code 3798. Tim defendant was offered as a wit ness to testify in bis ow n favor in a suit in which tbe plaintiff as administratrix wns a party, seeking to recover tbe value of the cot ton on a contract made with her intestate, and the statute exc ludes him in general terms, in all such cases, from beings witness in hi* own favor for any purpose. If the defen dant could lie admitted to testify in hi* own favu* fo» kuc put p>MK, a* claimed, why not lie allowed to testify in his own favor for other purpose's, and thus practically repeal the statute? Where shall the courts stop in ad mitting the defendant to testify in his own in such cases ? The obvious reply is, to stop just where the statute commands them This question was practically de- le case of McIntyre vs. Meld rim, 40tl» Ga. R**p., 490. There was no error in rejecting the defendant as a witness to testify in his own favor against the plaintiff on the trial of tins case. The record discloses the fact that this i* the third verdict found in favor of the plaintiff in this case, and we find no er rors contained therein that will authorize this court to set it aside under tho evidence, which is quite sufficient to sustain the find ing of the jury. The charge of the court in relation to the defendant when considered as an entire charge, wa* not such an error a* was calculate*! to mislead the jury, in view of the facts of the case. As a matter of prac tice, when the counsel for cither party reads written r< quests to charge in the presence and hearing of the jury, the court should either give «»r refuse to give such requests in charge. If tut* request is a legal and perti nent charge which ought to be given to the jury, then the court should give it in the lan- was not a competent arbitration to render an I °f Hie request, by reading the same to award in favor of the party, or interest which had become the property of his son (lending the arbitration. The law which governs arbitration* demands the same frec oin from all bias that applies to judges or mrts. the jury, and not hold up the pa)>er contain] ing tin* request to charge after the same had been read and handed to the court, and say: ” Gentlemen, I give you all these in charge as requested." The preponderance of ihe evi- applies to judges or .*-..*•- * \\ the fact stated by tbe arbitra- M'™** 1,1 1,1,9 case was m favor of the verdict, Hose, showing that by his pre-1 an ^ we cannot say wasi^iriglit vious opinions expressed bis judgment had lender that cvulcnccj not changed by tn© subsequent purchase by i P ro P cr J ll} n p i dj ° innot tiMk** valid that winch from ^ •The jury were the ci edibility of the eight to' which entitled in con- Usvernor B»1I****K*« Be«ignaU Atlanta, Ga., October 31,1871 Editors Constitution: Permit . . _ , ,, ... wini tue urucccuings oi uie tuueu oraies your paper to congratti.ate my fello«r^it!zens |C()U1 . t Count KryzyanoKski might have on the resignation of Governor Bullock, and . been seen running here, thereand everywhere of their great deliverance thereby. It is an ‘ yesterday noon. The usual redness of face occasion for great rejoicing with the people of j Georgia. Its announcement excited in the : t j )e j n ^ liosom of every good citizen emotions of both ; something to do with the unnatural move- pride and pleasure. It is not only gratifying ments of this official, on account of the relief it aff *rd9, but is a , It is reported and believed that Mr Gould, reat triumph of right *>ver wrong—a won-; the late Revenue Collector, will be here on derful display of the power of truti. i Monday to testify before the grand jury in It is a confession of all that has been al-1 relation to the conspiracy to cheat and*de leg* d and furnishes grounds for suspecting , fnud the United States government, of which that all has not been told, the reasons given Gould was the cat’s paw (as \ is said ) The by Governor Bullock to his friends for his j developments will not be so brash ns those course to the contrary notwithstanding., displayed in the unearthing of the frauds in But few can believe these statements of hia, New York city, but will be eq.-ally interest- anil many know that they are untrue, abso- ing to the small circle of listeners who vi- lutely false. They, however, render the an- brate from Grant’s corner to the Post Office, ticipated investigations by the Legislature a /ia&tnnah Republican. necessity. The true reason for liis n-signa-] Prominent Georgians now here, who have tion must be given to tho world. These in- had an insight into the schemes of Bullock vestigations should go on and if possible be and Kimball, express the belie! that Bullock more thorough than was intended. Surely is heavily involved in Kimball's financial there is now the greatest encouragement for transactions; that the bonds iiwued by Bul- doing so. If the mere intimation, or threat lock in aid of Kimball’s railroads, are now of an investigation, produces such glorious held by parties in New York as security for results what may we not expect from one in , moneys loaned Kimball for material furnish- fact. ; ed the roads; and that Bullock*! recent hasty Whilst much lias been accomplished in the trip to New York was for tht purpose of Executive department of the government, trying to effect arrangenientsforraisitigsuf- therc remains much more to be done. These ] ficient funds to extricate these bonds and investigations should never cease until the ( pr.-vrnt exposure.— Washington Car. Savan- transition from the Executive Mansion is j nali Ntun. complete ; anil not then until his aiders and [ Pocickt Books Found.—Officer Morgan abetters in his foray, on the rights and treas- j Clarke, of our police force, while on duty ure of the people is made to share the fate of this morning on Fifth street, in rear of the their fallen chief. j passenger depot, discovered in an old iron They should be pressed until every wrong ] boiler lying near Messrs. Schofield’s foun- inflicted on a plundered publ.c shall be re-1 dry, live pocket b«x»ks, and a large miscel- dressed, and the right* and power of the j l.meous assortment of papers of various de- State is fully vindicated. And whomsoever j scriptious, all of which are the fruits of of its citizens shall assist in that great work , different robberies. Among the number of shall receive, as they will deserve, the high- pocket books, was that of Dr. A. Means, est compliment ever paid a public servant,) whom it will l>e remembered was robbed on to-wit: "Well done thou good and faithful ( Friday night of a valuable gold watch and servant,” and also the thanks of an injured ; eleven hundred dollars m niuRuy. Apart - * * * .... * .fair tickets, and insulted people A Citizun. South Carolina Aexvs Items. [SOX DSN SBC FOR THZ COXSTITUTIOX.] | from railroad passes, notes, and nothing of value was found among ll ; of books and papers. The owaers of the | papers can obtain the same upon application j to the Chief of Police, at the City Hall bar racks.—Macon C>Uzen. Camden is to have a daily freight train. Tbe health of Abbeville is reported to be j •- remarkably good. CarlSchur*. 3Ir. Richard Tobin, an old citizen of I Tbe attractive figure which Scnfitor Scbtirz Charleston, killed accidently. j makes in American politics, the delivery of The Pi. ki ns Sentinel states that the hotel 1 his speech to a large audience last night, and publication in the papers thi* inornin, will render a brief sketch of hit romantic career interesting to our readers. Carl Schurz was born at Liblar, near Co logne, Germany, March 2, 1829. After a full course of studies in the Gymnasium of Co logne, he went, in 1846, to the University of Bonn, where he studied history, philosophy ’ the ancient, languages,until the outbreak at Table Rock is closed for this season Forty-three students arc in attendance upon tlie Baptist Theological Seminary at Green ville. The new hotel at Pickens has been com pleted, and the young people celebrated the event with a ball. Rev. William L. Pressly lias been called to s , the pastorate of the church at Due West, (of the revolution of 1848. lie took an ac Abbeville county. j tivc part in the prevailing agitation, and Two pounds twelve ounces is the size of a j joined Got fried Kinkel, a professor of rhet- radish lying on the desk of the editor of tbe j oric, in tho pub! ion ton of a liberal news Abbeville Press and Banner. ; paper, the conduct of which devolved 31. A. Harvey, an esteemed citizen of Spar-! ' v b ;, Hy ujmn Schurz in consequent* of Kin tanburg. die.l on thclllb inst..afL.ra painful iel 8 , a >seil '' e “ 3 a mcD,b « r r ‘! f tbe Prussian illness of several months. I legislature. An un-uccessfulattei.-.j.t opro- i dure an insurrection at Bonn, in 1849, ob- A correspondent of the Augusta Constitu-! liged both Kinkel and bcliura to ttee to the tionalist says that, at Newberry village,there . P.ilitinate, where Seliurz joined *. body of are sold annually from sixty to eighty thou - I revolutionary troops a**tl paritr : p^*4- *** »he and bales of cotton. ! defe; s ? *.f KafltadL On the surrender of Pillsl.urr, the defeated Ha.lienl nominee i ,lm . t bc ™"ccale ( l l.imself three days for Mayor of Charleston at the election two J"" 1 -. ® n ^ l J r * L ' 8 ‘ months a»o, took out a mandamus to prevent : ]. ,|M '■? ll . ir,,,, .sh « sower, made his way across Wagner from taking the olH.-e hut failed. j he" s." Real estate in Columbia ra»v truly lx* saul | ciusion till the following 3Iny. Kinkel to 1k» ‘‘on the rise.” Lois which until r*-j was capture*), condemned to twenty years’ ccntly have been field at what was considered j imprisonment, *.»nd shvit up in the fortress a fair value are now up in the extras. lot Spaldan. After a long corrcspond- A Peaceful Gatheuino.—It is rumored, j *‘ n< e W *B* , i , ° vv ‘<»r' his imprisoncdcompa- savs the Uolumhia Plucnix *»f yesterday, that j triot, Sciiurz undertook his rescue, made during fair week there will be a concentra-! ,i! ! ' v: ‘.v fi«vr**i!y back t«> Germany in May, tion hereof ten thousand United States troops j i ? '* , '- , » afo-r three nion l bs_of_ preparation, to keep the peace. Mr. Joseph U. 31 atlicws, who went to On tin: night of November 6. as broken open, and he f the prison and , . . ■. », ... .. .. ■ V. . 1' I ■ ItiU 1WWI tin; 'IIMHI illll f,,rt “ ne , " r ;‘ zi, t - fou r 'V hvc J '’ ir L!y ; I ,Hf. iv l„ m «l... the ground. Tl u fugtiire returned tn Colunil.in last avc. k. Sjnc ; - night across the fronliei Irartog Brazd, he has tmvckal over 2..,000 iv( . ( , u . iIh = al)out , e ,, nlbt . r lst mdcs and has visited the coast ..f Africa. ] Jk , |l , r7 , lt ,, lri , ;lnil a new> Major Brown, of ti»e E f Africa. I ;ktcentli Infantry, has been recently assigned to duly at Ches- j J-it’d He has been stationed at Ariz* rz lived at t’aris :in»t London as a newi •omvpondent till 18*12, when he mar- the latter city and emigrated to Amer three years in legal, witnesses, and the their testimony w sidering it. The filing party is rarely if ever, satisfied with the decision of either •urt *>r jury, where that dicisioti is against him. hut the public interest requires that there should be an end of litigation. In view of the fiicts disclosed by the record in this case, we do not find any sufficient error, to author ize this court to interfere with the verdict to control the discretion of the court below in unruling the motion for a new trial. Let the judgment of the court bilow bo af firmed. J. S. Hook, R. S. Carswell, for plaintiff in error. A. R "Wright contra. Lib* 1, from Richmond. WARNER. J. This was an action brought by the plain tiff against the defendant t«» recover damages for the printing and publishing a libel in the columns of a daily newspaper. On tbe trial of the case, the jury found a verdict for the plaintiff for the sura of fifteen hundred dol lars, the defendant made a motion f«>r a new trial on several grounds, whieh was overruled by the court, and the defendant excepted This case was brought before this court at a former term and decided by a majority of the court on the same stat ment of facts as for the last six years, and, in order to reaeh I i,i., tor ical and political studied in Philatfel Chester, traveled forty-six hundred miles in p||j u , he settled in 31adhon, Wisconsin. Ilis seventeen days. , subsequent career in this country is too well Several young bachelors in Darlington and , known to need mention here, vicinity have made a purse of $100 in gold, Bold-and self-poised both in thought and to be offered as a premium at the Fair next a-tion, the leader of the large German ele- year for the In st cup of coffee, made and ! ment of our population, n man who makes a served up tn the grounds; *>i>en to all un-: fine impression everywheie by the frank sin- married young ladies. i eerily *<f his utterances and the generosity ‘■Khaki,” Ur—3«tar.Inv. n» the Inin was 1 of >‘> 8 sentiment* and willialan or.r.r wlmsc on its wav tbrontfli, cm tlie Charlotte. Colum- j f 1 **.)' et.niniand t.f apt and idiomatic Enitlish bia and Aurmta Roa.l, a hnJteman, against 1 >' simply wonderful he is a power in Amen whom a United (States warrant had l H vn 1 «•“> H'"*;*. and we ht lteve Ins inil iem e will issued, was taken off by a deputy marshal. 1 l>c exerted in jl.e mterest of a magnanimous 1 c«»nfincd in tbe jail of this city. udden that the fart of the purchase, when known to the arbitrator, ms.! without n«ui.*e to the flier party, disqualified him to act in the cose. Held a*»mn. That under our laws a judge n no riitiit to carry a jury inio a different •iinty from that in which they arc em- pan« , lie*l. an.i any threat to do so in ease they did not fir.d a verdict was coercion, and deprived the jury of that free volun tary consideration of the ease invoked by the law Help ac.ain. That the fact of whether a contract whs entered info by Whitfield with Spearman to devise to him certain proper ty by will is one for the jury to find upon the evidence, and if they found a contract existed equity had jurisdiction to decree damages for the breach, although it was impossible to decree specific performance tern.* of such contract, llri.n ao *is. That tinder the facts of this oiw* if the jury found there was a contract, an 1 a breach in the estimation of damages, it is proj»er to consider any advances made during tin-life time of Whitfield, distinguish ing between voluntary gifts not referential to the contract but independent of it. Hf.i.p ac. us. That the altered condition of the parties arising out of the losses to the estate of Whitfield, .at his death, is a pr 'per subject matter to 1h* considered by the in case they found a contract to hm BSnT^- vrr9enXvA on , h e last trial, except, that) entered into, and such breach as entitled, and j on t j ie | M | tr j a j evidence in relation to Spearman to damages under the rules of law., ( | )e t ^j S p Ute between tlie two newspapers, was Judgment rererse.b . more full and explicit than on the former Mmfi^I**! T. Bowdain. C. Peeples, for . The first ground of error assigned to plaintiff the charge of the court is in charging tl e ‘jury, “ that the words charged in the decla- ^ TV—, ! >f . J\ nation were libellous.** There was no error The City Count il of Augusta vs. Mark E. ] j n charge, as it amounted to nothing weeney. Assumpsit, from Richmond. * moir t h an M yi a g that tbe words charged in |McCAY, J. the declaration w»-re actionable as a libel un-| J Where a public office is created by the au- der the law. The court expressed no thorities of a munieij^al corporation: 'opinion as to whether the evidence af Help, That an incumbent of the office'proved on the trial made out a [does not have such an interest in the salary : libel under the circumstances attend *s that the corporation cannot at its disere- j ing the publication. If the Court had tion abolish the office, and by so doing de-! charpni the jury that the evidence in the prive him of his right to tender his services \ caae constitute*! a libelious publication un- and demand his salary, for the full lime for j der the circumstances attending it, that whieh lie was elected. would have betn error, because it would Judgment reversed. • have been an expression of opinion upon the A R Wright for plaintiff in error. evidence in the case The counsel for ihe U. C. Foster contra. I defendent requested the court to charge the in the exact language of the judgment John N. Mover Trustee vs. John D. Buttetal. of a majority of this court as applicable to Bill for injunction etc., from Richmond, j the facts *.f the case, that “Where a dispute McKAY J is conducted between two newspapers as to Tht- rule Ibut ll,. judgment of . court of | ^ * IU ™ of «>'ir compete.a juriidiclLi VcodcIumt. between! volunteer to take pert m the stnfe, ‘theolijeTof th^uiu be .ocUAr p e'dupltc.t J ,. n; l .hc. ; tl,er ch^ in return *j*he i putriotism.- manner of this persons were somewlmt surprised. W** learn the c’l j sore of a Ku-’.vlux nut ire.—Coiutn- b*i I’uion. vile Leader, October 19. Commercial aewt. [condensed for the constitution.] TilO boot and shoe dealers of M«ssachu- setts lost $10,000,000 by the Chic. Tbuiikft S ivinx Day* Washington, D. C., October 28. By the President of the United State*—Procla mation : The progress of the seasons has again cn- | abled the husbandmen to garner the fruit c»f j his successful toil. Industry has been gen- I orally well rewarded. Wc are at peace with . , . 7 .1 V n iallnations. Tranquillity, with a few excep- Antelope telegraphs the N. 0. P'cayune, u |)rt . va ils at home. Within the pa!sr ft®™ New 3ork: It is rumomi th .t a con-. ^ we | lflvCj j n ,i 1L . ma jn t been free from sidcrable amount of currency has been j jjj a which elsewhere has affected our South to buy exchange. ; jf 9(im c of us have had calamities, The Chamber of Commerce of San Fran- j there should be occasion for sympathy with cisco have petitioned the California Logisla- j the sufferers, resignation on their part to the ture to make their port a "free port,” so f «r i will of the 3Iost High, rejoicing to tlie many aa State dues and local charges are concerned who have been more favoreJ. I therefore That is the right cour>e to pursue to attract recommend that Thursday, the tbirtielh day commerce. of Novemtier next, the people meet in their There has been a company formed to build respective places of worship und there make three iron steamers for th** 8t. Loui- and New j the usual acknowledgments to Almighty Orleans trade; and such men as Hon. Jas. R God for the blessings he has conferred upon Eads lion. H. C. Yeagir, Lieut. Gov. Stan- them, their merciful exemption from evils, nard.’ Lee R Slirvock,, K>q , Capt. E. W. and invoke His protection and kindness for Gould and M. A. Bryson, Esq’, of St. Louis.) their less fortunate brethren, whom, in His ft are associated with’ Messrs. Thompson and | wisdom, lie deemed it best to chastise. New York, in the enterprise. | [Signed] U. 8. Grant, Pres’ well known that at the elections held in Legisla tare and other officers, in many counties of the State, tbe result was effected by the votes of non-t&x-p&ying citizens. These votes were clearly violative of the Constitution of the State, and alike repugnant to right and jus tice. Quite a number of the mvu who hold certificates of election, and who, by this time, are seated in the present Legislature, owe their position to illegal votes. We under stand that perhaps several—we know of one —who will contest upon this ground. We re joice at this, and hope the Legislature will purge itself of all who would wear the robes of office in violation of tho fundamental law of the land. The Constitution of the State provides that no one is entitled to vote who has not paid taxes for the year preceding the election. This is just and equitable, and merits the approbation of all lovers of good govern ment. The right to vote is reciprocal, and no one should ask the benefits and Drivily of government who does not bear his proportionate share of its burthens. That a non-tax-payer can vote, no has the hardihood to affirm. Now,"wheVfcis issue is made, and made it will be, whaFfirill tlie body do before whom it is made? We unhesitatingly say, let each contested case stand upon its merits under the supreme law of the land, and the Constitution prevail over the infamous Akcrman bill, to which, and alone to which, this illegal voting is due. Be the contestant Democrat or Republican, give him his rights under the fundamental law, and no one can complain. OUR FASHION LETTER Faiklsu t«r NsvewWr. Fish, SecrNary of State. iiing « the Bridefrssw, Sanford, of The tea crop of China and Japan has found j the Pacific Railroad a short and cheap means j of getting from the Pacific to the Atlantic; and now the whale oil nml whale btm5 crop ; Spillman had just married a g^a of **■» Ptjci fie« seeking tlie■stunt ro tii_ rite J ,he day after tlie wedding Mr. S. Xew Bedbford W haling Company have or-1 . .. ° dered a number of the ,hi P? *° p -I intend, Mrs. Spillman, to enlarge my Franciseo, so a* to -end on their oil and none „ r e J by rail to Seee \ »rit- | «Yoa mean our dairy, my dear," replied i Mr. Spillman. Alabama Xew* Iteir-- — ?■! ' " J \y A iJtZ . r that the emplovee of the first has been con- tue trust propertv, with a debt lor which the , . , . _ ?_■ - - tm.t.r, is only p^sonady lutblt nnlesa it »p-1 TlCT ? i _ of _P e g“?. hy _ t ? e ■,! 0 ■ lem ■' , °* iho t * [COXDBHSID FOR THR OOXflTITCTIOX ] Tallapoosa county, Ala., runs the Circuit Court at a cost of $100 per day. Western 3Iillers have immortalized a brand of flour by calling it "General Clanton.” Ger. Jones 31. With*, r* announces himself a candidate for the mayoralty of Mobile. p~rr that xherrauefue trust is*'ju^nd w« : g™tleman such • jiidgnirnt,^if j. th.t infsc, J ,he SsT-jSdtod 2EJ*JSZ?i5£ trust esutc, was not liable for the debt sued Tbe ttate3 lhat he refused this charge for want of proof, but the Ti ft Foster for nlaintiff, in error record shows that the proof was quits LV Trr- “ error - « full on the last trial, sod a little more so. Jos. r t-arr, contra. than on the former trial See Pugh va. Me- i.mr. A Pool TS q q p.r*„. Csrty 40th, Geo. Rep. 444. Whether the James A.roolT».'& R Pardue, trustee, fonno, jodgnaent of a majority of this court, w-o.v r ^ Richmond. was right wrong as applicable to the facts McCAY, J. 0 f the case, still it was tbe judgment of the A commissioned Notary Public as ex-of- court, and the law of the case, which the ficio Justice of the Peaca,’under the Co—ti- court below, under the 4,200th section of the tution of 1S>8. mav isaue an attachment as i Code, was bound to respect, and in good faith any JtuUce of the I^eace may, under the pro- to carry into full effect, and therefore should vision» of the Code. have given to the jury the charge as request- Ona holding a commission from the Gov- i ad, and it was error in refusing to do eo. ‘No,” quoth Mr. Spillman, “I intend to en large my diary.” “Say our dairy, 3Ir. Spillman.’* "No, my dairy.” "Say our dairy, say our ” screamed she, se zing the poker. “My dairy! my dairg!” yelled the hus band. “Our dairy! our dairy !** scrcached tlie Smoot, the robbed tax-collector at Talladc- wife, empba- izing etch word by a blow on j baa been reouirrd to give a #7,000 bond,' tbe back of her cringing spouse, which be canno’t furnish. I Mr. Spillman retreated under the bed. In Mobile has 1,446 white pupils in their pub-1 P* 88 ' 11 ? under the bedclothes his bat was lie schools, with 31 teachers, and 901 colored, brushed off He remained under cover see- •■k ma.rt.rf ) eral minuted, waiting for a lull in the storm. W !H! * o.’ * i* At last his wife saw him thrusting his head The LaFayette Reporter savs two lines QUt at 0 f muc ^ a turtle have been surveyed from that place to West from iUj sliell Point Mr. B. E. Wells, formerly of the 8a-1 “Wuat are vou looking forf’ exclaimed vannah and Memphis Railroad, is Chief En-1 j a( jy &* necr * | “I am looking for our hat, my dear,” said Messrs. Brown, Barnes and others, civil en- j he. S incere in the employ of the East Alabama • • — i Cincinnati Railroad, are now engaged in i BsrnlRc far a Haafrei Ysar*. A. the Bank Coi^ry ^ RotherhAm, J. C-Kunton, o, the Ai.tams * Chk.u-1 SSuld^'ySf^S nooga Railroad, gave bond at 3Lmtgomerv a a jj et f ort3 j, aV e been quite ineffectual to extin few days ago. inthe sum of $4,0U0 to answer ^ iL A 8h ort time ago it was ascertained the charge of obtaining money fiom the, ^ fl ames were approaching the bottom btate of Alabama, under false pretences. i the and it was then resolved, if pos T« B ae»r.?«r. ite». i »» Me » to lhe progress so that they might T **“ M _l_? w 1,em * i not extend to other parts of the works. The [oexDivsRD for thr coxrtitvtiok.] i superintendent of the collieries, Mr. Cooper, Nashville hss the delirium over the Black I conceived the idea of building a wall to shut Crook. “ i in the fire. Well, in order to ascertain the . best site for this wall, several of the officials I crept on their bands and knees, through the . _ , .. ... . | dense, stifling smoke, as far as possible into An Edgefield negro baby, weight 3.4 pounds ■ t j, e workings. Their efforts were successful net, and eighteen months old, took the pre; : an( j a wa jj j 8 now completed nearly one thons mium at the Murfreesboro colored fair. j yards in length, and varying from nine It will be seen by reference to the card of inches to five feet in thickness. So intense ex-Governof Harris and Colonel J. B. Cooke, is the heat arising from the fire that people in another column, that the difficulty between possessing gardens above the colliery declare Colonel M. J. W. Wicks, of Memphis, and that the growth of plants is materially af- Hon. C. M. McGhee, of Knox, has been ad-1 fee ted, and that they are enabled to put in two or three crops every year. Agriculture. The Agricultural report for October from Washington is before us. The corn crop is good. The bottom-lands in Georgia have been flooded to an unusual extent at various times, and especially during the great storms of August, and drought has irclud thin soils; otherwise the crop would ive been superior. Reports coiue from tlie following counties: Putnam county. Ga.—3iost unfavorable season within my recollection for both corn and cotton, bctiley countv, Ga.—Sufficient for home consumption. Lumpkin county, Ga—Injured by storm in August bv being blown down. Clayton county, Ga.—Injured by wet weather in spring and summer, and severe storm in August. Butts county, Ga.— Injured by drought and by storms. Craw ford county, Ga.—Nearly all the corn on the river and large creek bottoms destroyed by floods. Spalding county, Ga.—Over an aver age. Where it was well cultivated it is su perior. Habersham county, Ga—Bottom corn flooded while in tha milk. Wheat falls seven per cent, below last year. Oats aro about as good as'laat year. The buck wheat crop is poor. Tho potato crop is below the average, 8outh. The cot ton returns for October are unfavorable. The percentage of tho condition of the vend States is as follows: North Carolina 80; South Carolina 75; Georgia 71; Florida ’3; Alabama 75; Mississippi 76; Louisiana ’3; Texas 72; Arkansas 82; Tennessee 94. The injuries reported arc from rust, shed ding of bolls prematurely, -sufficiently low temperature to check tlie development of bolls in more northern latitudes, floods and inundations in Florida and Georgia; sprout ing or rolling of bolls from rains, drought in some sections of Georgia, and the boll and riny wormsjn portions qf Miaaisrippi and more western States. The number of beeves is greater than usual. _ 1 ho North Carolina Democracy. The State Executive Committee of the Democratic party of North Carolina has just issued an address. It says the late defeat of the Conxention was not a Radical success, but simply turned on collateral iasurs: that the Radical rule has lieen ruinous, increasing the pubiie debt $20,COO,QUO in less than eigh teen months; the Dem icracy condemn all disarder; that the people in the State have taken too little interest in National politics; that the hope of the country lies in tho Na tional Democratic party. Nllnisfer’s Institute. Rev. 31r. Warren pastor of the First Bap tist Church in this city, will superintend the above institution to be held for tlie benefit >f colored ministers, in Milledgeville, begin- on the I4tli day of the present month and continuing for four weeks. The instructions will be ia theology and literature and aro designed better to prepare the members of the Institute for the great work of preaching the Gospel to their people. Gcu. \Volionl for Governor. Editors Constitution : As tlie Legislature will, no doubt, provide for an election for Governor of Georgia in a short time, and as the people will be casting about for the can didate for that high office, allow me to sug gest the name of Gen. Wm. T. Wofford, of Bartow county, for the pesition. There never was a time when the demand was greater for a cool, clear-headed, honest man in the executive chair of the S»ate. Wofford is a sound Democrat on pres ent issues, has in the past served his country at home and on the field with gallantrv and distinction. I think, and the people think there is no man within the borders of this great State who would serve her more effl ciently, more honestly than Gen. Wofford. I hope to see the Democracy of the State t unit at this trying time, and take up and elect a ninn who w ill be an honor alike to himself and them. Georgia. DALTONLEITER. Court'Kn-Klux InTcallfati«n,«tc. Dalton, Ga., October 31,1871. Editors Constitution: I write you this morn ing as per request, though there is nothing of interest transpiring ^n our city. Our Supe rior Court is still in session. Judge Harvey still continues to give entire satisfaction. He administers justice in mercy. In giving sen tence for minor offences he is much less severe than Judge Parrott. Consequently many parties charged are coming in and pleading guilty, rather than run the risk ol conviction under Judge Parrott, who is a perfect terror to evil doers of all kinds. The grand jury has returned a number of true bills against parties for a riot. These parties, it is said, were found in disguse near Tilton, Georgia. The grand jury showed a great desire to ferret out the whole affair and bring all the guilty parties to justice. P. Special Correspondedee of The Constitution.] New Yore, November 1,1871 HOW CITY PEOPLE LIVE. Country cousins are apt to think city people very pretentious and terribly mean. They have welcomed them to the comfort of cot tage and farm in the heat of summer; have shared their new-laid eggs, their sweet milk, their fresh vegetables, and have been over whelmed by the air of style and fashion which somehow imparted itself to the very cut of their collars and the tie of their cravats. They have natural longing to see exactly what it is that produces such results. They have read gorgeous accounts of city life uul city doings iu newspapers and novels, and they imagine that life iu a large city means for every one a brown stone mansion, a re- tiuue of servants, a box at the Opera, lio’ses, cairiages, unlimited shopping, nnd parties every evening. They eagerly accept a luke- waim invitation, nnd find the renlity in a "flat” asa "floor” with every thing including the eatables and the finery which seemed so captivating stowed away in tiic elosets, pota toes pure hast d by the "small measure’’ and apples hv the quart,unless a compromise has been eff« c‘ed with gentility by taking a house and a “ few ” boarders. In either case the dream of city grandeur is over, aud the vivid lural imagination flies in stantly to the opposite cx reine, and pro nounces it all utterly mean nnd unworthy, and not uufnquenily credits innocent city friends with tlie. biUemos of its own disap pointment. It is impo.*>ible for the country dweller, with tlie wood-pile within reach, the chickens always at hand, the hens cackling in the yard, and the lira ing garden anil orchard stretching down to the bountiful wheat fields, to imagine the struggle through which tbe working resident of a city finds and holds his chance to live. They cannot realize that a foot of land in the city is a farm in the country; that a year’s rent costs the price of a house and lot; thut the perishable products of field and garden must bring what arc to them fabulous pric* order to p»y for the cost of transit, the labor of the hands through which they pass and the certainty of loss by decay and spoliation. FRENCH FLATS. Rents alone and the impossibility of occu pying space so valuable with small houses renders living in cities, for all but the very wealthy and the very poor, a r e*l ami dif ficult problem, the first solution to which to have been found iu the modern sys- An elegant dress of black velvet and amber faille, was lately made for the Washington season which was very striking. The train was of black velvet, and it was I cut out in van dykes over a fiat pleated flounce of fa Ue, which comuienc*d nt rite sides and si rroinded the back of the skirl. The pet ticoat was of faiUe, aud was ti imwed with narrow scant flounces, cut **nt and bound with velvet. The basque was of velvet van d}kes upon the edge, and cut short at the back, so as to display a wide sash of faille. The front was trimmed as a waistcoat with old Venetian point, and wide ruffles of the same costly la* e finished the sleeves, which were of faille with vandykH Iwmd of velvet and bow of the silk. This dress is described minutely' because itl was one of tlie n\x>st perfect in* design and execution ever made in this city, and because the combination of contrarti :\r colors am different colors which have :: -t lieen worn since the 17lh century are thi i>on brought into juxtaposition. Prune 1 light blue for example, velvet ami Kng'irii pink, tea rose and light green. This has suggested •<> luauv a good way v utilizing old silk . venin-. which, in some instances, has proved terv uccessful A pule bin.- »•!!; f..rr\m.;de, )w ban re modeled by tli?,; ti ig i\tih <i.*tp pleating of white French muslin, edged with Valen ciennes lace. The lower m, * of these pleat mgs lengthened t!;.* . K in. * J.iUothers simu lated an upper skirt an I quite modernized the waist and sic* v. s. Another of light, rich gn cn . iik, had tin- back part of the skirt cut entirely out,and its] |place occupied by a train of black silk, trimmed with a flounce,the heading to which] was line*! with green. Tin-front of the skirt, which wa» green, was trimunsl v.ilh narn hi u’k an l gne.i flounce.*, alternating. The part of the skirt which was thus cut out,HH made into a basque, with paz ala sleeves,and trimmed with block and green to match. Ill this way two re dly elegant costumes were created al less than the cost of oneJ d roa thr < Several weddings are about to in Macon. The Brown House at Macon fad 6,000 sen pie last week. Dr. L. F. Livingstone ia spokan af Secretary of the State Agricultural ~ ‘ The negro Ku-Klux are again on Wm nv page near Savannah, on the Louiavilla m4 Rev. W. C. Williams, Rector of JltPeMV** Church at Rome, has retained frooa Vir ginia. The citizens of Barnesville an tively in the effort to create a from Monroe and Pike. Junge Gibson, of Augusta, that the Ordinary was tbe prop receive and disburse the school tax. The Express snd Standard w Cartersville have been consolidated. Wikle & Co., are the consolidated HALL DRESSES are generally composed of silk, or of somt very light material like tulle or lark-lane. Few white swiss overskirts ar.- seen with liagtifi evening silks although some very beau tiful complete drcsM-s of embroidered white U muslin are worn with silk strips be- The Nashville Synod of the Presbyterian Church meets at Clarksville next October. TenneHee Aewa Items. [CONDBKSKDrOR THR COSSTITUTIOH.] One hundred and seventy car loads of freight, in thirteen trains, passed South over the Nashville and Chattanooga Railroadves- terdav. Stock movements are light.—Nash ville Union and American. 31 aeon, Tennessee, has subscribed $50,000 to the Memphis and Knoxville Air-Line Rail road. The live men of Maury county are talking of building a cotton factory at Columbia. tem of “flat9.” Heretotuie the experiments iu this direc tion have met with very indifferent success; they have resulted only in an expansion of the tenement house system and a tenfold ex aggeration of its prices. Necessity, how ever, has been the mother of perseverance in this case, and the last effort is much better than tiie first. New York has now really two fine speci mens of the French “fl it" sty 1«- of architec ture; one is being completed by .Mr. 1‘aran Stevens, the other is on the corner of Pifth- tecn th street and Fifth avenue, and was re modelled from tho old New York Club House. The latter has seventy-bur suits of apartments, for iwcnty-fourdiif-rcnt families, all of which are occupied and tin* demand for house room in a central loc.ni >n can be magined when suits or “ap »r menu" for families upon the tiftn fl.jor rent :<i twenty- one hundred dollars per annum, »r d on the fourth for twenty-two hundred ti* il »re forth© same period of time. The lower • ii.»or the higher the prices, a Reverend * .i >r ;.n I his wife paying two thousand doll irs pi*r yc-u- for four rooms only. Tlie rents it teast * at least half the enstof i-vinar, but then the me'.hod reduces considerably the cost aud trouble of the oth* r half.' The rooms connecting, there is m u - of the trouble of going up aud down stairs; no door bells to answer, no hails to keep clean, no furnance tire to keep going; an I a general restaurant and laundry, at a moderate charge, being connected with the establ -hment, no cooking or washing to be done, unless pre- f erred. One servant is therefore auflki nt for the needs of a family, while the mU’r. >s of ihe house is relieved of two-thirds of tlie burden of its cares and anxieties. The high prices and limited accommoda tions, restricts them, at present, to persons of liberal income, and it i9 rattier curious to note that the majority of the !ir*.t occupants of the best class of French flats an* the f.im- ies of distingukbed editors and iournalt&LS who have lived very much abroad. When the idea, as exhibited in these structures, be comes a popular fact, it may affor i the most isonablc solution of the pres nt vexed question of housekeeping. Ev* n now', it points to a quiet revolution in many of tin- formulas and usages of society, and as an in dication of a new social departure, is w-orthy of attention. THE EVENTS OF TnE 8EAS >N. So many commercial disasters have fol lowed iu the train of a great Western calam ity, that the hopes aud anticipations of an in usually gay season have been considerably iampened. Were it not for the advent of Nilsson in opera, and the Grand Duke Alexis, there would be little chance fora MK-ial revi val, until Christmas or New Ye.n’s make avety, or at least festivity, a necessity, it was strange what an instantaneous effect a stringent money market produced in city trade. No purchases of $51)J sui's for one week; and many were the fears that heavy stocks of rich garments would be left ou the hands of the importers; but, as a shrewd French dmaounk* r remarked, “No need to l»e il.trmcd; ladies must dress, panic o; and though men nearly always l retrenchment at home, they end by drawing \ check and ordering their wives C* come out finer than ever, in order to keep up their dig- nitv and credit." the preludes to the Nilsson opu.t season were the Dolly concerts, 3Irs. 3louiton and Madame Van Zandt in “Satanella,” at the Academy. Tlie Dolly concerts were a treat to the oldest concert goers. Tbev were in every respect admirable. Every singer was an artist, and Mr. Tandy’s maguifio-ut bari tone voice worth going miles to Ue. k r. Mad ame Van Zandt is not Nilsson, but s lie has sweet, fresh, pure, well-trained voice, and good method, although she lacks dramatic power. 3Irs. Moulton is a good amateur, but a bad artist. Neither of these attractions brought out beauty or fashion in full force. That tri umph was reserved for Nilsson. The first night of her appearance was indeed a sight to see, and ono to be remembered. The Academy was ablaze with light, perfume and flowers. Excitement aud the enchantment of dress gave a superhuman beauty to tbe women, which inspired Uie men, an*!, togeih er with the music, lifted them for once out of the region of stocks and stables. It was a great achievement for one young girl For a day or two, however, the topic of conversation has naturally been ihe ball given to Grand Duke Alexis. Tickets were $100 each, and of course only the magnates and their wives, with now and then i. daughter, were present. All the old lace and a.l the old diamonds of New York turned out to grace the occasion; and there were plenty of gor- geons toilettes, if n«*t very beautiful’ or fasci nating women. It was rather hard on the Duke, though, as it w-as on Prince Arthur, the Prince of Wales, and all the other sprig of royalty, who have at different times bon ored us with their presence, that the pretty girls are crowded out; and the visitors, who naturally want to see them, condemned to the society of stout dowagers, who have right to them by virtue of position. Verily rank and royalty have their drawbacks. BALL AND DINNER DRESSES. no uh The newest tiilettes, however, have ovei- sVirij} of silk or crape to match the dress, richly embroidered and trimmed with fringe. In many instances, the silk is cut out to form tha design, and the embroidery executed in the raised stitch of the Grover and Baker machine. Upon crape, hand embroidery' is used smut-times on tho variegated colors, and rich lace used to form tbe foundation for the fringe. ”1 iiese dresses can be lx>ught ready made from a first-class house for thirty dollars the tlr* ss. Dresses for dancing parties are not cut long, as they are a nuisance to the wearer and everybody else, and young girls who dance and like to dance a groat deal, will find it in finitely safer and pleasanter, every way to have two or three thin, inexpensive evening dre>s«-s, cut without a train, and requiring ly short underskirts uni altogether less elaliointiua of toilet. Brussels net puffed over a stiff foundation and finished with an upper skirl trimmed with rticln s, makes a cheap and pretty dress, rhich can lw washed, as also can a dravs of rhiio French muslin, trimmed with plaiting* f the same, headed with pulling, or inser- is or lace. A simple toilet is one of the Ins ire privileges of a young girl, and if is wise, she will be glad to avail herself it In a few years while muslin will be ed “juvinile,” and simplicity an affecta- i * f youihfulness, and she will look with der regret upon the remnants of the old nutiin or pretty grenadine which did hard •ny times at balls and parties, anti was always ironed out to look very well, with flowers and whitened shoes and cleaned uE«.*&, v.nd the long thin chain, with a locket hick had been “mother’s.” Perhaps you M laugh now, my young lady reader, at such a toilette, but let me tell you there were brighter eyes and fewer wall-flowers in those days, and the young men seemed to find nothing ami** in tlie drea as or those who wore them. ▲ CHANGE FOR HIK BETTER. One improvement we have to make with pleasure this season, and that is in the quality of the dress materials, and the gradually in creasing favor with which “ material ’’ cos tumes, as they are called abroad, are re- ;urded. Time was when an American lady thought uld not go into the street without put- n a silk dress, aud even the short suits ere hardly considered en regie, unless partly imposed of a silken fabric. As for a dinner dress, even al home, it must be of silk, nnd, latterly, garnuhed with point lace, or the wearer felt en d>shabelle, and not in a condi tion to bear scrutiny. Tho blow given to luxury and extrava- janec, by the fall of the French Empire, and the greater preponderance obtained by Ger man and English ideas, is already exerting a marked influence, and gradually taking us back to a period when dress was made to conform, in some degree, to the needs of the wearer, and a tine French merino wus thought good enough for “best” by the wives of men who could have bought up the hus bands of half tho gayly dressed women to be seen in an hours walk. Nothing can be softer to the touch, or more becoming tc the wearer, than the line cash- res, merinos and ali-w*ool Empress cloths, hick we have iu such fine shades, and, re cently. of admirable qualities. The manu facture is principally English, tlie best coun- iu tho world for maleriuls, ami tho worst styles. In addition to those wc hive ex- ellent all-wool salines at a very moderate price, all-wool serges and reps, aud velours, better in quality and lower iu price than for Bullock’s Resignation.—The Georgia State officials have ifcnt several telegrams to parlies in the city to-day relative to the late resignation of Governor Bullock, which state that this resignation is regarded as a piece of sharp practice, to stop charges of impeach ment and criminal prosecutions for swindling and embezzlement which are now pending against this official. It is proposed to issue warrants immediately for Bullock’s arrest. This individual is now supposed to be in New York, making arrangements to leave the country. It is estimated that Bullock has realized about one million dollars from his Georgia operations. His visit to tkis city was to confer with Secretary Delano and Senator Cameron relative to the late lease of the State Railroad.— Washington Telegram to Louisville ledger. fig*Josh Billings cannot see what women want any more “ rights” for; she beat the first man born into the world out of a dead sure thing, and she can beat the last one with the same cards. The prediction that poufs and paniere ould be abandoned, has already been real ized. The two leading houses in Paris have discarded them, and the later importations acquire a grace, a freshness, and novelty, which cannot be appreciated by description, simply from the absence of the binding and puffing of which we had become so weary Trains are still long, though not so exagger ated as formerly, and are strictly confined to evening, or ceremoneous toilettes—the semi train is allowed for carriage dresses, but u considered regular to the very last degree, when worn for a promenade. Dressy servant girls haveabout used up the sheet train in New York City. On tlieii Sunday’s out, they walk up the area steps their sheets trailing at least half a yard, ana sweep the dost with as much non ehalanre a** the finest lady. “I shall have ray waiking dresses cut to clear the ground,” remarked lady, who saw one of these exhib.lions, and so she did. But it is a mystery how any on*, can walk behind a trailing dress in the street, and not be inspired by so strong a sentiment of disgust, as to prevent them from ever fol lowing the example, no matter who was th* wearer. Jacket bodies trimmed to simulat* a waistcoat are almost universal for band some dinner toilettes of fuVe or soft twilled finished levantine; the body part does not always descend below the waist, tut the trimming forms cappots. as a sort of sqnar* baeques in front, and crusstd ends at th* back. Strict coat ileeves not unfrequent. “ accompany these models. The sheets are either made with an over shirt, or to simulate one, the “Court trains, so-called, being reserved for still more elab orate costume of velvet or fasOe. 1 he Rome Courier says that Jorks I whs run over by the train, near the al line, on Seluia, Rome and Dalton RailraML aud instantly killed. ^ Colonel J. J. Findley, of Gainesville, hm vivt-d the appointment of United SlaSra D -putv .Marshal for the Northern Dietraal cf Georgia Hie Ortiiuary has awarded the t for building the bridge over thr Tnheenftee, near James Rattle's, to George Banka, a «f* ron-hued individual, for $300. Several families of movers pasted thrwrafc Monroe tin* past week, on their return (ran the West to their former homes in Butte and Jasper counties.—Monroe Advertiser. A^grieultunvl society has been organised iu Twiggs county, with Dr. W. O DanieL President; Colonel Wut. Faulk, Vio»-IW» dent, anti Judge W. L. Solomon, Secretary and Treasurer. Philip Fitzgerald, af Macon, was convicted in tlie United Slates District Court at Savan nah of violating the revenue Inn, and senti-^ed to six mouths imprisonment in tha counf^pdl and to ]>ay a fine of $1,000. An engine attached to tbe Western nasMn- gvr train exploded ataut noon Sunday, an i lie north commons, while in the act ofleav- ing for Montgomery. Fortunately the boiler exploded at tlie Imttotu.and no injury result ed to either engineer or fireman, or the train. Columbus Enquirer. new county, ax we are informed, fe prn- 1 to lie made from a portion of Waah- inton, with Kuldlcvillo as the county i several year*. The “French” popiins, so- called, not unfrequentlv sold for Irish pop iins are handsome and durable, but like all mixtures, will neither dye nor clean. A drop of rain makes them “crinkle up,” and so illhough they do not wear out easily, they not profitable or satisfactory to thrifty persons. They would prefer a fine all wend material it two-thirds the cost, to the best French poplin, which is composed of silk aud wool, that ever was made. Imported suits and cos mines copied from them, of silk, and velvet cost four and five hundred dollars each, costly lace over almost more costly fur is used for the trimming, the French houses having made tho mistake of trying to out Herod, Herod, in order to restore their prestige. The reaction shows their mistake, some women will pay an outrageous price for the sake oi out shining their neighbors, but the majority ive found that four hundred dollars can Ik* uch better spent, aud have fallen bock upon serge, Irish poplin, wool saline, cashmere, ana the like, and we are suprised to find how well dressed they are, at a comparatively small cost FURS AND CLOAKS. The cold weather has brought furs and cloaks into requisition and created a demand for a garment independent of suits. This it found in the pelisse or talma which w&p mentioned in a previous letter and in the po lonaise which forms in velvet or wadded cashmere a very handsome cloak. The cloth pelisse to which one or more capes arc added is particularly adapted for a cold climate and to the present style of furs, which furnish neither warmth nor protection to the shoul ders. Fur sacks and cloaks are so very costly that they are not of tbe ordinary reach, and even Aslrachan, which is not dressy, costs at much as a handsome cloth cloak without being half so protective or lady-1 ike. The pelisse is not seen much as yet, but there nothing more unique or graceful than one ol these cloth habits in bottle green or Vandyke brown wi;h two or three prelerine cipes at tached, each one an inch smaller than the other, notched upon the edge or trimmed with fur. and coinplcUol by a muff and boa of seal skin, mink or black martir. A NEW PLUMAGE TRIMMING Said county line is to ran within five and m Half miles of Sandcrsville. The boundarfa* throughout we have not learned, but ninpoaj they ure to the lines of Johnson, JdnvMtt and Glasscock.—Ce ntral Georgian. liis Honor Judge Gibson held Johnsoa Su perior Court for Judge Twiggs, dispatching business with commendable rapidity. Dr T. A. Panona, and Mr. Ham, after a credi ble examination, were admitted to the Bar. Tlie Outer's admission to the Bar was a mere matter of taste, as he does not expect to enter entcnsively into the practice.—Oesr- tral Georgian. We understand the ladies of St Luka’s Church seized tlie baggage train of Rev. O. L. Smith yesterday and rent it back to tha parsonage, claiming that he was sent hare for the year and had no right to leave. Tha reverend gentleman, we understand, was per mitted to depart w ith only the appurtenaaom of a “carpet-bagger.” An effort will proba bly be made to have him returned here next year. Au immense petition can be goitan up for that purpoM*. 9 -— Columbus Enquirer. The Banner (Xjunty.—General Colquitt, President of the State Agricultuxal Society, declared Monroe the “banner county” at tha Exposition in Macon last week. This is a very high and merited compliment, and will doubtless prove an incentive to renewed ao- * nvor in the future. Dr. J. S. Lawton, received the premium far largest and most economical result of five acres upland corn. Win. L. Lumpkin for largest and moat ecouomical result of one aero clover. Eden Taylor for largest and best display of farm products, 119 in number. Several premiums were awarded to ladies >f the county, in the floriculture and fine art departments.—Monroe Advertiser. ts COX Mb Y COYtRXOIl) xlracla from Ihe Georgia Praae— Conley the Nan I'mil a Osvtrasr In Elected. Upon more mature consideration we are strengthened iu the \ iew that Conley, having rightfully succeeded Bullock, by virture of his office as President of the Senate, will coa- tinuie to hold the position of liavernor dure ing the nnexpired term for which Bullock elected, unless the Legislature shall, in the meantime^ provide for an election to fill the vacancy. In the atiscnce of legislation upon tiiis subject, il would seem that tha '‘resident of the Senate having, by virtaa of his office, succeeded to ths vaoanqp made by Bullock’* abdication, would “sx- ercise the Executive power of the govern ment until a successor is elected and iualific*l.” The election here contemplated is an election by the people, and not, as ws think, of a uew President of the Senate. The President of the Senate having, by force of the Constitutional, provision, suc ceeded to the “exercise of the Executive power of the Government,” no subsequent act of the Srnnle in the election of another President of that body would, in our view, vacate the office which had thus been pre viously filled in accordance witli the terms of the Constitution. This is, wc confess, a new question to os, and we may be wrong. We cau recollect no ruling or precedent of a similar cane, and in the absence of former adjudication we incline strongly to the belief that tbe views pre sented uliovc are in the main correct. If the right of Conley to "exercise tha Executive power of the Governor” after election of another President of the Senate is a doubtful one, we should eveu then coun- s j prudence and caution on the part of tha Legislature in making provisions for a suc cessor. It would be, in our judgment, far better not to exercise a doubtful power. Mora eflptxnally as under the express language of the Constitution, the Legislature now in tea* siou can provide for an election by tha j people at an early day to fill the vacancy. We can within a month have an election, and in the meantime the Legislature being in ses sion can eff ectually chcrk almost any attempt which might be made by the new Executive to violate the rights of the people or plunder the Treasury.—Augusta Chronicle. NOT THE MAN. It will be observed that the Constitution does not make the President of the Senate ez-offlcio Governor nor Acting Governor, but simply declares that be shall "exercise the Executive power* of Governor,” etc. The Constitution creates no new office, confers no powers on any individual. It only provides that in certain contingencies tbe President of the Senate shall exercise Executive powers. Mr. Conley is at present President of the Sen ate, and as such, and only as such, is authorized to exercise Executive (lowers, ll is not Ben L. Conley who is clothe*! with the Executive power, but the President of the Senate. When a new President of the Senate is lccted and qualified by the Legislature, Mr. Conley will cease to be President of the Senate, and of course will no longer be en titled to exercise powers which by the Con* slilution will devolve upon the then existing President of the Senate, his successor. This, it seems to us, wou'd be tlie proper construc tion of the Constitution, as neither Mr. Con ley nor his successor sre entitled to ex ercise the functions of Governor except by virtue of their office of President of Ute Senate. iSut if our Augusta contemporary’s con struction is correct, and the State is liable to De subjected to the Executive rule of Bullock’s henchman, Conley—if in getting rid of the thief, Bullock, wo have only swapped the ,1—1 for a witch, why then, the sooner the Legislature provides by law for a special elec- • ; '*n of a Governor, the better.—Savannah News. HE IS NOT THE MAN. The Constitution provides, “the President of the Senate,” not Benjamin Conley, "shall ex'-rcise the Executive powers” upon the hap pening of tlie contingency which has now occurred. So long as Benjamin Conley is “President of the ocnate,” he is« officio Gov ernor, not an hour longer. Whoever suc ceeds him as "President of the Senate,” takes at once, ex officio, the Governor’s seat Georgia. [Cor. Augusta Chronicle. A new trimming has recently been invent ed and brought to great perfection by an American woman, which ts destiued to be come a very important element not only in the decoration but in the composition of gar ments. It consists of trimmings of all col ors, and also of a fabric made from the plumage of Soutii American bird**. It is -ofter and more beautiful than fur and ha* he additional advantage of being improved by washing and by mositure, provided it is haken and dried afterwards. It is made in all colors the darkest and the most delicate and trims ball dresses witli as mu it grace a< the softest marabout. It is r.-., .per than gcy>d fur and can be put to many more deco rative uses. Jennie June. Orange Blossoms.—ln tlii** country orange flowers are worn by a bride on the occasion of her wedding, simoly as a fra grant ornament to lend still further grace and oeauty to the fair being who is to give her self away for life. In the interior of France, however, these orange flowers are worn as a testimonial of purity, not only of the bride herself, but of integrity and morality iu the character of her relatives. In certain pro vinces its adornment is considered as a sacred right, obtained by undoubted charac ter, and as such proudly maintained. Iverasn L. Harris Decline* m Csail* ilMrr for Che Unite* States Scaau, Becmuee Ineligible. Milledgeville, October 29,1871. Messrs. Editors: In your pa|>er of the 20th instant, my name has been presented by soma friend in connection with a scat in the Senate of the United States. It was possibly unknown to him that I am included in that’largc class of “ disqualified persons” under the reconstruction acta of Congress, by reason of having been before the late war bet we n the States, several times a member of ths Legislature, as also on the Bench. Years ago I expressed the opiuion that it was unwise to elect gentlemen to Congress who could not take the oaths required of them by existing legis lation. I touid not bear the humiliation of begging of the party in power i*ermimion to take the scat to which I had been elected by a sovereign State. I beg pu tniseion, through your columns, to say distinct!v that tbe opinion then expressed has by time deepened into conviction; that therefore 1 cannot per mit my name to be proenteti for any office whatever until my present "disabilities” sha 1 have voluntarily been removed by those who imposed them. Iverson L. Harms. [Federal into a

Georgia Historic Newspapers

The Weekly constitution. (Atlanta, Ga.) 1868-1878, November 07, 1871, Image 1