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ATLANTA, GA., APRIL 30, 1873.
Jolin Wcalrjr.
In o»ir Bundaj’s edition we pabliahed a
clipping that has been going tlie rounds of
tbc press in regard to the great and good
John Wesley. The article aeons to be based
O ) a recently published biography of Wesley,
wriiten by one Tyerman, and alludes to the
mvriinnnW life of thi^minent Christian
lciplcr, including matters that were in warm
controversy long ago, and that have long been
•eltied. Upon careful reflection over the
article we deprecate that these malt cm should
have crept into new publicity, reviving as
they do exploded calumnies upon one of the
p ir. i* nn 1 most powerful religious leaden
of any age.
i;cArg>a Crop News.
Miller county—Nrariy submerged in water
Farming operation* at a stand still; ground
loo miry. Most of the corn planted has
r >ttc'l; that which has come up h yellow and
sickly. Very little cotton planted. Oats
look well, says the Baiabridge Sun.
Spalding county—Wheat will he an aver
age crop, fay* the Griflln Star. Farmers
pretty well planted corn. Cotton planting
will be i^pue in a few days. The Griffin
G.-errbm says it has been told by a sagacious
farmer that a better wheat prospect has not
been seen in tli* county for years. Wheat
beginning to “bootnine wheat has headed.
A Proper farm.
One of the moat perplexing problems of
a.K-i' y Li the dwp'.sitiou of the pauper* Its
solution ha* proven expensive and difficult.
Toe people of bidding c »unty appear to
h ive solved it well. They bought a “poor I }'
?*rn»” three year* ago, or rather a farm for
Moses Rice vs. The State. Simple larcency,
from Jones.
WARNER, C. J.
The defendant was indicted in the court
below for the offence of simply larceny, and
on the trial the jury returned a verdict of
guilty. A motion was made for a new trial,
which w.-.s overruled by the court, and the
defendant excepted. In our judgment the
verdict of 'he jury was strongly and decided*
ly agtii.^t the weight of the evidence, and
without sufficient evidence, under the law, to
authorize a conviction for the offense alleged
in the indictment. The circumstantial evi
dence was not sufficient to establish the
hv phot lie is of the defendant's guiit as
- limed by the State. Let the judgment of
c court below be reversed.
Samuel D. Irwin, by brief, for plaintiff in
error.
Flemming Jordan, Solicitor General, J. H.
Blount, contra.
LHHc Horne vs. John and Thomas Woolfolk,
executor*. Assumpsit, from Jones.
WARNER, C. J.
This was an action brought by the plaintiff
jains: fhe defendants as executors of their
deceased testator, abrging that their testator.
•a his life time, Ik-came liable to the plaintiff
r.s an executor de ton tori of the estate of F.
Horne. Tins pl.ihititf sur-aa9 the h*Jr!anddLs-
li utce of t\ H^me. On the trial of the
a*e the jury found a verdict in favor of the
tluioliff tur lhc nun of $-1,669 50. A mo-
i ni was rn .de f »r a new trial on several
ground?, which was granted by the Court on
Stic ground that tlu Court erred in its charge
t-» the j .ry: whereupon Uic plaintiff excepted,
urs from the evidence in the record,
joios Wooifolk, the defendant** les
sor, and stocked and equipped it. The I tator on the J2ih of July, 1844, executed a
price paid was $1,500, The farm l.aa sup- J- »**">• « r a P 8 ** " f “ ?ly Io * iD
4 ' , * . , ^ \ I the city of Macon for the t<rm »>f ten years,
pir!* d the poor and paid the farm expens.?, I f„ r jj lc fcllin D f onc thousand dollr.re, thepay-
xvl’h h small diminishing appropriation of I mi nts to l>c made in ten annual installments
*Vf0 the two first yeara, and $235 the thin!. I of one hundred dollars each, the buildings
iScf-re the firm experiment the comity !>?» «“ u |* lot Jlorw to be removed by
1 , / , . . ,, h»n» after payment of all the rent due.at the
spent from fy*ur to five thousand dollars a I expiration of the lease. Horne put a build-
y • ir on its paupers. The first year the farm I ing on that purl of the lot leased by him, and
w •» saved and is worth a thousand dollars I occupied the parcc until his death, leaving six
mm »> la y™ r ,l,an three year. n r ,°. The ^ ,, t lhe » li:ne (lf his tath, but had not
•avin? the blit two years has been somewhere j | |*j C ri . nl f or u, e |j me he occupied the
premises. Af er tin* death of Horne, to-
wit, on tin 12th of August, 1848,
Tnnci:'»s Woolfolk, the defendant's testator,
who was the owner in fee of the whole lot,
exi cuted a lease of the same to 3l*son &
Dibble for the term cf ten years for the an
nual rent of $120, to he paid quarterly, sub
ject to (lie incumbrance of the lease made to
florae, which was specially referred to in the
lost named lease,and covenanted “that said
THE WEEKLY CONSTITUTION.
VOLUME V.l
ATLANTA, GEORGIA, TUESDAY. APRIL 30. 1872.
(NUMBER 4
UKClrilONH
TBS—
tlPKESE CO CUT OF CEOUCIA.
Delivered at Atlanta, Taeeday, April 23,1872.
[BKITZD nCICIimT VO* THE ATLAJrr A C051TI-
tutiok, kt umr j.cr-ox, nrun
mom SZrOBTZK. |
urn $8,000.
The experiment i* certainly a success.
Wc have on our tunic n copy of tbc LaWr
and ltt*4nli*ma nt the legislative scions ot
November nn t December, 1871, and January,
1872, printed and published by tbe Public I Huron & Dibble should lawfully and peace-
Prir.pT. They were sent tn tbe Executive I ably enjoy the same, subject to tbc said lien
' ' „ , .... T , „I and ncuiniirunce tif said lease to the said
oni -e on the 10th fast. Tl e work » done in a K ,. r , iinun(1 u rilc j, crt . inbe f ore narBed .- j,
very supe rior manner, apd the promptness o. I j 9 claimrd that, because Mason & Dibble took
the work is a gratifying teatimzmy to Deints I (.rTsession of that part t.f the lot leased to
cratic rule. The printer U allowed ninety Horne, audoccupied the same undertbe lease
x r. i - tl _ I of W oolfolk to them, that therefore Woolfolk
days after lie rveeives the manuseupt from , m , Ubte to the plaintiff as an executor de
fhe compiler. The Senate Journa.s wcrr*l J)U i, t) ( Such U not our undc'*tanding of
rialy a month. The Laws and Ilrcolulions I the law. Whether ilason «fc Dibble would
of the January ion are c»:nkiderubly I h‘ lvc btcnliible toUiepluinliff,
. . . _ . mi _ .v t....: l ‘fe *>» i°rt. was not the cucsti*
of time. The Governor has issued an
Older for theif immediate distribution, which
will commence right away.
a* executors
question before the
court; buc the question before the court was,
whether the execution of the lease to t{iem
of the whole lot, subject to the incumbrance
of Horae’* lease on a part of it, by Woolfolk.
made him an executor rU non tort under the
law ? What act* will constitute nn executor
tort? If one man takes the good* of
no vUlutr* for several days. The Washing
ton C'lrrCi-iHiudent of the bt. I«ouis Times, I ibo goods uru sold or given. 8c if a man
■wrllin * on the 15th insf.. tell* the following
\ nrvclJoualy «'ro4>er Prfildent
The telcgraphia dispatches mentioned n I Je
day* .-..JO that Oram wag sick, and saw tue deceasedand sells or gives.hem to another
4 , , ^ I this sl:aii charge him a* an executor in
wrong, Ian not the one to whom
’* aro sold or given. 8<; if a man
ms some color to intermeddle with thogooJs
of an intestate but exceed." ^ is authority, that
makes him executor ile am tort. (Wiley va.
i ruett, 12lh G.i», Rep. 589.) Woolfolk did
not sell orgjye Horae’s lease of part of tlic
lot to Ma3on A; I)ii*ble by his lease to them
of the who Jo lot, but leaded it to them subject
to Horne's lease tbcicon, neither did he ex
ceed his authority ip leasing fhe whole lot
to them, M>!*jiel to the incumbrance of the
lease \\ hicti lie nad previously made to Horne,
(or part t>f the lot. In executing the lease of
the whole lot to Mason & Dibble, V/oolfolk
dal no; pietcptl or attempt to lease or interfere
with that part of ilimint previously leased by
iiim to Horne. Ma-on & Dibble acquired no
right t * ti«c possession of that part df tJielpt
covered c».v Horne’s lease, under the lease
mode by Woolfolk to them, and the execu
tion of that lease, without more, did not con
stitute him an executor ita mr. tort as to the
part of the lot covered by Home’s lease, and
of the PresUeni'n illiiexs:
"ijiri ’en'nlly I mentioned that 31r. Presi
dent Gran? wus very sick—that’* what the
atlminUi ration paper? said, but every one
understands tvhat Grant’s sicknesses are
I: red*:.’ was not the delirium tremens,but
it redly v.not very different. When tin-
raid .:;/ wa > at home lie was maintained in
very r«*»»p«*rlaVo crmdillon.at least so fur a--
tbe public knew. But she’s away i o v, you
j»uow niul ««» i* taking every advantage oi
is. The only time be lias been out Iht
■wbol ? wee* was win* he went to the cirrus.
HD broth' r in law. Casey, r.f New Orleans
xv.n Tit the White II »u-oearly io the evening.
Tin y ha l l*oth been drinking, nml Grant in
►Li/-! upon going to the circus. All of C -acy’s
aigi:..te:t:s t »the contrary were in vain—the
lV->MfiH iasiffted, anil nrm In arm the two
at.i'ed «.;>l They attracted attention all
nl.'-mr, « they walKitl to the show, but tb-ir
ct.n-1 ti -n sltordy after arrival there w u p;v-
;tiv« lv !.«• ;sdv. If any other than the Picsi-
-d.iit "f tic* United 8tatc* had appeared thus
Hlnmh'm in u place of public entertainment,
he would have berrt thrown out ami ha* ded
#,ver to me pot tea Grant’s face is bloated
nnd !%•-!, ?.n«l the White House these days is
famous for its orgies."
Our Xaiional Iron 1*. oiluction.
The total production of pig iron in the |
United State* in 1871. D set d .wn at 1,912,-
ton?, against 1,807,<X1) tons in 1870; I
11) (’». riO ton* in 1 H»:0; 1,0-<3,000 ton* in 1S08; I
judgment. This case was not fairly
suhmilt;\l to the jury; thirewaa manifest
c.ror in the charge of the court which was
properly corrected iu granting a new trial,
bet i he judgment of the court below be af
firmed.
J. Rutherford, J. IL Blount, for plaintiff in
error.
Whittle anil Gnstin, contra.
Robert II, Footman, assignee,etc., v*. Pusscy,
Jones A Va. Jkchuntc’a lien, from Chat
ham.
WARNER, C. J.
This case came before tlic court below on
,iGn 18*17 • 1 :m W3 tons in 1866: j * motion to distribute money in the hands of
» «.»1 AHA* iu’,-. I tae Sheriff arising front the sale of a steam
and 931,000 tons in I860. I j wa t on n ic following agrcco statement <»i
• «t uost present annual capacity of the 1 The plaintiffs nrc citizens of the Stale
1,v Vh . furnaces oi the'.United States is about! of IMawara, and non resideats of this State;
that tin? materials were sent into this State
by the p'ain»iffs from the State of Delaware,
: ;r,.l tii. u placed on the £ .:t:am!x>at by other
pi-rsons not in tbe employment of fhe plain
tiffs; that the plrdmiffs do no mechanical la-
Whittle and Gust in, Isaac Hardeman, foi
plaintiffs in error.
8. H. Blount, William 3IcKinley, contra.
Early W. Thrasher, executor, vs. James C.
Anderson, et aL Equity, from Morgan.
3IcCAY, J.
Where, upon the calling of a cause, a mo
tion was made by the defendant to continue
the same on the ground of tbe absence from
Providential came of one of his counsel, who
was also bis son, and the defendant ma^e affi
davit that the absent counsel was the leading
counsel, who had been entrusted with the
entire charge of preparing and arranging
tbe evidence, and with whom be had more
free and full conferences than any other
counsel; that he could not safely go to trial
without bis presence; that the application
was not made for delay; and the court re
fused the continuance, and after a verdict
for the plaintiff, it apocared on a motion for
new trial that the defendant was seriously
damaged by the absence of said counsel in
this, that the counsel was in possession of a
paper that would base been material evi
dence on the trial,.by reason of the answers
to a certain set of interrogatories not opened
until the trial:
Hklii, That, in furtherance~of the prin
ciples of justice and equity, a new trial
ought to have been granted.
Where, on a bill filed bv legatees under a
will against the executor for an account, the
only issue submitted to a jury was whether
a receipt held by the executor, signed by the
testator, was a good discharge of certain notes
held by the testator against the executor, and
the bill charged that the receipt was obtained
by undue influence and whilst the testator
was not of sound mind, and the answer set
forth the receipt in full and relied on it, and
the original was, under order of the Judge,
deposited for inspection, and it plainly ap
peared on its face that certain words and fig
ures therein bad been altered, but there was
nothing to show that tbc alterations were
mad* subsequently to ita signing.
Held, That, as the plaintiff* allowed the
receipt to go ia evidence without any objec
tion to ir, on the ground of its alteration,
and there was nothing in the evidence to
show that the alterations were not made pre
viously to tbe signing of. the same by the tes
tator, the preaumtion of law is that the alter
ations were male previously, and it was not
competent for the juiy to find against the
validity of the receipt on the ground of the
arent alterations.
brasher & Thrasher, Billups & Brobston,
Clark & Goss, for plaintiff in error.
A. Reese contra.
William Dougherty, Relator, vs. Robert D.
Hrurey, Judge of Rome Circuit Appli
cation for mandamus.
3IcCAY, J.
William Dougherty had filed an affidavit
and inode a motion to reduce the amount
due on a judgm« nt held by William Yancey
against him, under the Act of 1868. Pending
the motion he obtained an injunction against
any proceedings to sell under the execution,
Alleging that the Sheriff was about to pro
ceed iu defiance of his affidavit The bill also
set up some additional equities not covered by
the affidavit.
On the calling of tbe motion to reduce tbe
judgment, the Court dismissed it on demur
rer and subsequently during the term, on mo
tion, dissolved the injunction.
Whereupon 31 r. Dougherty filed his bill
of exception* to the judgment dismissing the
motion and to the order dissolving the in
junction. Judge Harvey while perfectly
willing to sign and certify the bill of excep
tion, to the judgment dismissing tbc motion,
declined to sign and certify that part of llic
bill presented which objected to and assigned
error upon his judgment dissolving the in
junction on the ground that the bill of ex
ceptions had not been presented to him with
iu fifteen days after the judgment dissolving
the injunction was rendered and, Mr. Dough
erty files his petition to this court for a man
damus.
The Judge of Rome Circuit having In his
certificate, attached to the original bill of ex
ceptions and presented, with U10 petition, for
mandamus to thi3 Court, stated as his reason
for failing to certify and sign-the same, that
he bud previously, and under the Act of
October 29tb, 1870, signed and certified a
bill of exceptions to hi* judgment dissolv
ing the injunction, and lie having also, in
said certificate indicated that his only objec
tion to tlic signing and certifying, as asked
for, was tlic question of law as to whether a
bill of exceptions to the judgment dissolving
an injunction can be presented Inter that fif
teen days after the day of the judgment, this
Court is of opinion that a mandamus ni.si. is
not necessary in this case.
And, as from the record before ns,'and the
bill of exceptions, this Court is not clear ihat
the dissolution complained of was not a final
dissolution of the cause, go far as the injunc
tion is concerned, gnd that the motion to dis
miss the illegality/md tlic order dissolving the
injunction are so connected that they in fact
' >i 111 but one proceeding.
It is the opinion of this conrt, and wc so
order that Judge ITarvey sign and certify the
bill of exceptions as asked for, that the
.“he total production of rails in tbc conn-
in 1871 amounted to 77.7,733 tons,as com-
• si u-n 1 ' loll? in 1870; 593,386 toes
in which these fdl» were maaufar-1 f or • i l>4 t purpose by the workmen of the plain-
turn! : 1 tiff?, and were sent out expressly to her by
i*. 'n-j .roni* Sg-55 5JJJ* I the plaintiffs; that the plaintiffs arc mechan-
.... JtJoS %out. I ica literally, and while they do no median-
Mhlo . .V.V.V.V.V.V.V::::::::::::::: -Xw* ton* I jea! manual la’MT.tUeysuj.erintcnd their own
N»»y!*rd - .i..^Y.Y.V. *1.511 ton* I journeymen and workmen in the execution
[SSI I of mechanical labor. The question made by
i-Too ton*. I ihenvord in this case ia whether the plain-
*3.3*3 ton*. I m^on the statement of facts contained there-
I iu, are entitled to a mechanic’* lien on the
s'*x> tons. I fund in court under the provisions of tue
".III. 11. 6too tons. I Constitution of 1868 and the Act of 1S69
J*J} I The Constitution declares that “mechanic’s
6,000 tons! I ami laborers shall have liens np*>n the
red tbit Georgia »!, W**. -J’xS
M««*v hu<*.'tw .
Kenuxcky.
It
Will H.U4 be observed that Georgia only! property of their employers lor moor
* . I performed, or material furnished. The
ufacturen #,849 ton* of ran* in ^ct of 1869, to carry into effect this pro-
wiih capacities equal to any State. This I vision of the Constitution declares, “tool
needs rectifying.
Georgia Crop New*.
Floyd county—Cron prospects splendid.
Corn coinin ' no wel’; ground in fine condi-1 the proper! v of their employers for Tabor per
il >n *avs the Courier. ' I formed,' and for materials furnished, that 1* to
lion, sa\ s in ^ |*i V ,f one employ* a mechanic to perform
nin, y nm ' counties south of w | j a ^ >r CJ1 property, and the mechanic
from and after the passage of tki* Act, la
borers and mechanics shall have liens upon
the property of their employer* for labor per
formed and for material* furnished.” By the
onus of the Act mechanic* have a lien upon
filing hi* bill Vi enjoin the judgment and to
set up hi* equitable defense against it
2. The second section of the Relief Act of
1868 allows the defendant to avail himself of
such equitable defense by motion, in place ot
filing a bill in tbe cl*3* of cases therein men
tioned.
3. But where, in an issue formed upon an
affidavit of illegality, nn^er that Act, the de
fendant in fi fa proves that plaintiff promised
to take seven-thirty Confederate notes
or Georgia State bonds issued during
the war, in payment, and that he, iu
duced by the promise, bought such
note* and bonds “with what money he
had ” (meaning Confederate money) “and
sold some cotton" (it not appearing how
much cotton or to what extent defendant was
damaged) to raise the balance, and then ten
dered the bonds and note* to the plaintiff,
which he refused, in consequence of which
defendant held them, and they became worth
less in hi* hands, and the jury found for the
defendant; a new trial should have been
granted. No damage is sufficiently proved
to constitute a good equitable defense to the
execution.
Judgment reversed.
A. (I. & F. C. Foster, J. A. Billups, for
plaintiff in error.
A. Reese, contra.
WARNER, C. J. concurring.
I concur in the judgment of reversal in
this case, on the ground that the defendant
was concluded by the judgment rendered
against him in 3Iarch, 1867, from setting up
the defense relied on. Tbe 2d section of the
Act of 1868, so far as it created a new equity
and new grounds of defense to the contract
and Judgment rendered thereon, which did
not exist by law at the time the contract was
made, and at the time the judgment was ren
dered thereon, is unconstitutional and void.
BY TELEGRAPH.
ASSOCIATED PRESS DISPATCUES.
Alabama New* Items.
Nearly every faimer in Montgomery
county ia buying corn
Trains are again running between Bur-
mingbum and Tuskaloosa.
The Warrior river ha* been very high and
is still in splendid boating order.
The fine residence of Dr. J. Hendroe, in
Selma, was destroyed by fire a few days ego.
The Locomotive *ays Opelika lias reason
to hope for the erection of a female seminary
soon.
Stevenson ha* a new brick hotel, furnished
in elegant style and kept Iu a first class
manner.
A negro boy was killed in 3Iontgomery a
few days since by being thrown from a “fly
ing horse.”
Two genuine white shad were caught out
of the Coosa river, at Wetumpka, on Wed
nesday last
John T. Walker, Esq., will deliver tbe an
nual address on the 2CUi, decoration day, in
Greensboro.
Father Ryan has licen invited by tbe ladies
of Greenville to deliver an address on the oc
casion of decorating the soldiers’ graves.
Thirty-9ix thousand dollars worth of stork
has been subscribed to the Huntsville Agri
cultural and 3Icchanical Association.
General Holtzclaw will deliver the ad
dress at the cemctciy on the 26th, and Col.
Paul Haync the address before the associa
tion.
An Anecdote of Gou. Hobert Toombs.
From the Kcatacky Yeoman.1
Toombs, of Georgia, is one of the most
gifted of all the erratic geniuses that America
has yet produced. Like Tom Marshall and
William Hackill, he is a natural born orator
Mr. Clay heard him make one of his first
political speeches at a mass meeting in
Georgia in 1840, and predicted for him then
a brilliant future. It is related of Toombs,
that, on one occasion, in the trial of a very
important case E ' " - ’ ’
by some strange __ ¥
and made a powerful speech against bi3
client, who was the plaintiff in Uic case.
After he had spoken nearly an hour, and was
about to close, one of his associate counsel
whispered in hL ear that he had made a mis
take—that be had spoken on the wrong side.
For a moment only, Toombs was perfectly
dumbfounded, and recovering Immediately,
he turned to the court and jury and said:
“ Now, may it please the court, and you,
gentlemen of the jr.ry, I Lave, iu my
remarks hitherto, attemp'cd to give
you all, and the very best, too, that can be
said on that side of the case, and though it
may appear at first blush a very strong case,
yet I am confident, if you will give me yor.r
attention a little while longer, I will be able
to convince you that, after all, my client, the
plaintiff, is entitled to a verdict at your hands.”
He then proceeded to overturn every posithm
previously token by him, exerting himself to
the uttermost of bis wounded ability to repair
hi* mistake, and wound up with an appeal to
the court and jury so thrilling, that lie carried
them by storm, and triumphantly gained ill*
case for his client.
WASHINGTON.
Washington, April 23.—The following
decision as made in the Supreme Court yes
terday:
No. 11. White vs. Partcl, et ah Error to
the Supreme Court of Georgia. This was
an action on a note given for the price of a
slave. The defense pleaded by the new Con
stitution of the State that the Court was pro
hibited from taking any jurisdiction of a
case involving the question ot the validity
of such a contract. The judgment of the
Court was for the defendant, and enjoined
the following propositions:
1. That when the Constitution of 1868 was
adopted, Georgia was not a State in the
Union; that she had sundered her connec
tion a* such, and wa3 a conquered territory
wholly at the mercy of the conqueror, and
that, hence, the inhibition of the Statc3 by
the Constitution of the United States to pass
any law impairing the obligation of con
tracts had no application to her.
2. That her Constitution does not affect
the contract, and can only dismiss jurisdic
tion to her courts to enforce.
3. That her Constitution was adopted un
der the dictation and coercion vf Congress,
and is the act of Congress rathcr^than of the
State, and that though a State cannot pasa a
law impairing the validity of contracts, Con
gress can, ana for this reason. Also, the inhibi
tion in the Federal Constitution has no effect
in the case. This court reverses this judgment,
and in substance say the subject presented
by the first proposition, has been considered
incidentally several time* by this court, ana
its former decisions in respect to it, need only
be affirmed. The National Constitution
created not a confederacy of States, but a
government of individuals. It assumed that
the Government and the Union which it
created, and the States which were, incorpo
rated into the Union would bo undistributal
as far as human means could accomplish such
a work it intended to m*ke them.
The government of the nation and of tbc
Stales arc each alike independent and ab
solute in their respective spheres of action,
but the former is as much a part of a gov
ernment of the people of each State ana as
much entitled to their allegiance and obedi
ence a* their own local State government*,
the Constitution an 1 laws of the United
States made in pursuance thereof being in
all cases where they apply to the supreme
law of the land. The doctrine of secession
is the doctrine of jtreasor, and practical seces
sion is practical treason seeking to give it
self triumph ty revolutionaiy violence. The
late rebellion was without any element of
right or sanction of law, and the duration
and magnitude of the war did not change
its character. The States in rebellion were
never out of tbe Union and never absolved
from the duties, liabilities, and restrictions
always incumbent on them.
Upon the second point, it is said that with
out the remedy tho contract may not be said
to exist. The ideas of validity and remedy
are inseparable and are both parts of tho ob
ligation which is guaranteed by the Consti
tution against invasion. Hence that denial
of the remedy by tho States was not valid
because it annihilated the contract
The third propositions is said to be clearly
unsound. Congress authorized the State to
from a new Constitution, and she elected to
proceed within the scope of tho authority
conferred. The result was submitted to Con
gress as a voluntary and valid offering, and
was so received and recognized In the subse
quent action by that body. Tbe State i»
estopped to assail it up.*n such an assump
tion. Upon the same grounds she might
the validity of her ratification
of the cocslitutional amendments, and the
action of Congress upon the subject cannot
the prospect for a good crop seems anything
but encouraging. Notwithstanding all these
difficulties, the farmer* are driving ahead
with redoubled efforts, and have the energy
to overcome all obstacles, so far as it is with
in the bounds of possibility. Yery little com-
E loint Is made of the laborers, and most places
ave plenty of hands to till the eround. There
rt f,’ “ A ■ I a ^ ^ inquired into, its the case is clearly one in
. before a Georgia jury, he,J the judicial is b'-vnd to follow the nc-
5?JjSfi? 1 ^tuu.a? 11 !?* 1 *i?? 0 i* t : ‘ on «»f the political department of the gov
powerful speech asalnst bi3!
is concluded bv it, it is added.
dictated and
Ot/B ALBANY LETTER,
A Big Bail Storm—Tl&e New Deluge
—Thie Farmer* Driving—A Variety
•C Batters—Tbe Constitution*
Albany, Ga., April 21,1872.
Editors Constitution : On the evening after
writing you from Americas that vicinity was
visited by a hail storm, narrow in belt but
stretching through an extent of ten or twelve
miles, perhaps further, throughout which the
thunder and lightning wastcrific for the time
it continued, and the hail stripped the forest
trees of their foliage throughout its length
and breadth, but little damage was done to
the farming interests, the crops not being
sufficiently advanced to be injured br the
pelting of the “stones” that fell in profusion
ror about an hoar.
From Americus to this place the crops of
small grain look flourishing. The corn crop
is in good condition, but cotton is late, the
farmer* and planters just now-fairly engaged
in planting; here and there some may be seen
springing up but the main crop is not yet out
of the ground, even of the first seeding.
Planters complain that tho wet weather last
fall has injured their seed and some will have
to replant as a consequence.
Though well acquainted with this section
for many years, there has never appeared at
this season so much water afloat as is to be
seen here now, fields and forests have been
submerged and rippling lakes now oc
cupy places where abundant crops have
been produced heretofore. This with tbe
heavy packing of the prepared grounds by
the rains, together with the hot sun baking
the surface of the dry land into a crust, has
placed the farmer at a disadvantage and
thrown him from tbreo to four weeks behind
with his agricultural operations. The higher
land* hereabouts are too dry to spring the seeds
and tho lower lands to wet to work them.
THE TAJLAQUAU SLlEGlHER.
Fearful (Butchery in a Cherokee
Court Bouse—A Sheriff* and
Seven Deputy UnltedStates
- marshals Killed*
Procter^ the Woman KlHer, on Trial
—HI*Crew of Desperadoes
the murderers*
Little Bock, Ark., April 20,1872.
The Fort Smith Met? Era ot the 17th Inst,
contains the following startling news from
Uic Indian country: The feeling of jtal
ou-jr harbored by our Indian neighbor, at tin
authority of the gorernment of the United
States exercised over their territoiy culmi
nated lut Monday, the 15th inst., in a fear
ful deed of bloodshed, falling a Hale short of
a wholesale massacic of the agent, of tiw
gorernment.
l-IIi; FOLLOWING STARTLING LETTER
waa received on Tuesday morning at tlu
United States Marshal's office l-y Captain
James W. Donnelly, Chief Clerk:
WiUTKMor.rs, of Barren Fore, )
. . Cherokee Nation, t
J. W. JponneHy:
D&Ait Bm—Wo hare hatl a terrible fight
Lost seven on our side killed. Three* oi
theira are killed. There sic lots of wounded
Wc are.in a devil of a straight; send us men
and means instantly. We are with the dead
and wounded,and expect to stay wilu then:
t u
parties may be heard or the Questions made
therein, as claimed by the plaintiff'in error
before this conrt.
the BepubUcan. . I at of the employer. The Act docs not con
Monroe county—Large amount. of cotton I . , c a m;lu 'nfacturer of materials sold to
planted lft week- X ruscot look out not dis- t .,, v .doycr in the nsaai coarse of trade,
ragins- Fruit promts* good, says the Ad- though taat manufactuntrer may be a
lover. Before the
£ all mechanics had
.w aav« a.- .... j r - perty manufactured,
I ornvaiml by thtm, to iLc er’teut of the work
- , r, 1 done anti material* furnished, but ;uc!i lien
Tnm'.ia. the great fanner of Bartow eiunty. I d ^ the ^lively of possession to the
w ho gives an e ncouraging report of crops xu I o * atr _(0ode l'.-'tSD.l The Actof 1869 gives
Provided, ths* nothing in this order shall
be taken to haz: the defendants in error
from making before this conrt on the hear
ing such questions in the premises, whether
growing out of the record or out of the pre
vious bili of exceptions alluded to hy Judge
Harvgy in his certificate as they might have
done hod this order and direction not have
been made.
Wjilitira Dougherty, for the application.
B. H. and Elizabeth J. Napier vs. Elijah E.
Jones. Equity, from Morgan.
3IONTGOMERY, J.
1. If, in a suit against a guardian, by his
ward and her hufband, for wasting tbc
ward’s estate, long and complicated accounis,
running through a series of yeqrs, are sub-
milt' d to the jury without having been re
ferred to an auditor, and the Judge charges
the jury correctly as to the liability of the
guardian for mixing bis ward’s funds with
hi* own, but the record does not show that
the court was requested U» instruct them, or
that be did instruct them, as to the rules by
which they were to be guided, in making
their calculations as to the.proper credits to
be allowed the guardian in his disbursements,
the items of which are net specifically sur
charged and falsified, and they return a ver
dict in favor of complainant* for a round
sum, not indicating the process by which
they arrived at the result, this court will
not undertake to 6ay, at the instance
of tbc complainants, that tbe verdict is
contrary to evidence, and tho principles
of justice and equity, or to the charge
of the court. Nor will the court grant a
new trial on the ground that the verdict is
contrary to law, where no such assignment
of error appears in the record.
2. Where such accounts are so submitted
to the jury, and the accounts ran through the
entire period of the war, involving the receipt
and payment of large sums of Confederate
money by the guardian, the jury will be al
lowed a liberal discretion in adjusting the
equities between the parties, under the Ordi-
nancc of 1865, and this court will not scan
too critically the result at which they arrive,
no bod faith appearing on tbe part of the
guardian.
3. The law allowing compound interest to
be charged against trustees after six years,
and annually thereafter, ia certain specified
cases, was suspended during the war by Act
of December 6tb, 1863, which takes prece
dence of the Cade by Actof December 13tb,
1862.
4. The return* of * guardlm, made in good
faith aro only prtma facie evidence against
turercr may dc a u.l j^ m mav explained by parol evidence,
mplates such meclian-1 j Q charge upon this point tue court erred,
labor and furnish the, bu , - t j n f aVor 0 f complainants.
Soutli Carolina. N w» Items*
A railroad between Blackvillc anti Barn
well is a fixed fact. *
Up to the 1.5th of April eight hundred
strangers have visited Aiken.
A railroad Is to be built between Lancas
ter and Monroe, North Carolina.
Sixty quarts of strawberries, from Charles
ton, sold in New York on Wednesday at
50 per quart.
The steamship Manhattan, for New York,
carried from Charleston one thousand pack
ages of green pears.
Captain W. H. SIcDowell, lately engaged
in manufacturing phosphates in tbc State,
died at Cincinnati a few days ago.
The South Carolina Railroad Company
have subscribed $5W for tbe purpose of liqui
dating the debt of the Fair Association of
August*.
Tbe Profits of Manufacturing.
For the encouragement of those who nrc
hesitating about taking stock in our proposed
new manufacturing companies, we commend
tbe following statement of the value of the
stock and the profit* made by a few of the
leading manufactories in the South:
“Chicapce Mills, dividends twenty-six and
a third per cent; capital $420,009; value of
stock $325 on par of $100.
Merrimac 31ills, dividends fifteen and a
half per cent; capital $2,500,000; value of
stock $1,700 on par of $1,000.
Middlesex Mills, dividends, twenty-two
and a half per cent, capital, $750,000; val
ue of stock, $400 on par of $100.
Naumkeag Mills, dividends, nineteen and
five-eights per cent; capital, $1,500,000; val
ue of stock. $167 on par of $100.
Pacific Mills, dividends, twenty-one and a
quarter per cent; capital. $2,509,000; value of
stock, $2,240 on par of $1,009.
Salisbury Mills, dividends, twenty two and
a half percent; capital. $1,000,000; value of
slock, $360 on par of $100.
Similar results have been obtained by th*
Augusta Manufacturing Company, under its
present intelligent and skilful management,
whose stock is now worth from $190 to $200
and which pays regularly 29 per cent, an
nual dividends, besides carrying each year a
large amount to its surplus fund.—Chronicle
ind Sentinel.
the poll
eminent, und it
that if Congress had express),
expressly approved the provision in question,
such dictation and approval would bofc been
without effect, nhd Congress has bo power to
superepde tho Constitution of the United
States.
31r Justice Swayne delivered tbe opinion
also in the case from Arkansas, No. 42. As-
borne vs. N icholson et al. In that ca3e there
warranty that the shave was sound
and that he was a slave. The court says
that such a warranty does not extend to the
exercise of the foverign power of the State
by which the slave was emancipated
and that tl c 13’h amendment of tho Consti
tution dees not affect the question. The con
tract being valid when made, was cnforciblc
in all ccurte, and that subsequent legislation,
whether by statute or constitutional provis
ion, could not render it invalid.
The Chief Justic dissented, and staled that
he would give iu an opinion to be filed here-
after.
Tue large judgment for $475,600 given
against the United States hr tbe Court of
Claims yesterday, n 'favor of Andrew Lowe,
of Savannah, Ga., for tup proceeds of 349
bales cf sea i-laml, and 216 bales of upland
cotton, seized by the Treasury ngcnls just
after tee close of the war. Tho famous
Elgrc cotton ca«e, so long pending, wa3 de
cided in favor of the title of C. V. Wood rail
i Co., represented by R. M. Corwinc, of
Washington, and C. M.’Conrad, of New Or*
lean*, tile judgment being for some foGO.OCO.
It has been erroneously stated that the trial
of this case was delayed to await the deci
sion of the Supreme Court on the constitu
tionally of the so-called Drake Amendment,
relating the to effect cf the Pn si 1< ntial par
dons in the Court of Claims. On the con
trary, ihc loyally of the claimants was fully
established and adjudged by tho Court of
Claims.
In the Senate to-day a resolution declar
ing Abbott not entitled to a scat as Senator
from Nortli Cnrojica was gtionted without
division.
The deficiency bill was discussed without
final action.
San Fbancisco, April 23.—The growing
crops of grain are maturing rapidly. A great
scarcity of hands to gather the crop3 is an-
ticipated.
Knnni'r
i3 more attention given Io the production of
grain crops, and a less area planted in cotton.
More system is observable in fallowing the
lands and improving the soil. Both land
lords and laborers are beginning to under
stand each other better, and to adapt them
selves to the situation. The system of labor
in this part of the country is perhaps better
than almost any section of the State. It is
improving year by year. All look forward
with cheering hopes “ to tho good time com
ing."
Albany is preparing for the gala days of
May. Capt. T. H. Johnston is converting
his spacious warehouse into a grand ball
room and dining hail, for Hie time being, and
instead of c »tton bales und bacon, expect* to
store there for tho occasion the belles and
beaux of Amcrcus a«d Albany and tho re
gions round about, while they enjoy the Fire
men’s May day festivities.' We do not know
whether Capt. J. has agreed to insure eveiy
package stored on that occasion—if he has
wc fear for him, for there will bo there c-yes
that flash, with hc.arts that burn, and the
flames there kindled may consume—despite
the combined efforts of the gallant boys of
the“ Thonaluska” and tbe ’’Wide Awakes”—
many a gallant knight—this is Leap Year!
Socially, Albany holds her own, and no
town of tho Slate can boast cf a more hos
pitable people. As acommercinl point, she is
the center of Southwestern Georgia, and is
destined to become quite a railroad center—
throe roads completed, the fourth being rap
idly constructed, and another projected, aside
from the continuation of tho Brunswick and
Albany to Cuthbert. The future of tho city
is destined to bo bright. Aside from this,
Albany was the beat inland cotton market of
tho State last season. Wo speak by the re
cord.
Two newspapers flourish here, “The Alba
ny News,” that s'aunch Democratic journal
with our old friend, Colonel C. W. Styles nt
the editorial masthead, und a lively sheet,
“The Central City,” under the management
of Rev. 31 r. Russell. These papers arc both
popular and in a flourishing condition.
Tiib CoNGTircTiON is growing i^-fc.Tor
here, as well as throughout Southwestern
Georgia, reaching its destination as it does at
points south of Macon, by the same mail
later news from tho Capital, i
subscribing to Tiib Constitution *ns the f
Foundry men and machinists are scarce,
owing to the increased demand for mining
machinery.
The increased production of bnlliqp and
Advance in mining stocks stimulates business
of nil descriptions.
his sec
Oar New stmt* l
I the mecha* :c a lien upon the property
• .. *-ppafoj
I their employer* generally, f° r labor perform-
I ed and nvueri ris furuuhed. It follows.
There has been placed in our bands a let-1 therefore, that the plaintiff* m this esse did
ter add to our Sate Treasurer from not Lmve u mechanics lien on I*e fnndam
.1 court, according to the true intent ana mean-
ProvlJeucc, Rhode l<.nnd, in which a rest-1. Jhe j^ cl Let the judgment of
dent et city, anu holder of Georgia old I lU ;. CO urt beiow he reversed.
State bond*, exore.-KS himself highly satis- J J-.eUsop, Lawton & Basinger, hy briaf, for
15rd wish the arrangements to exchange the |
matured bonds for Use new Bute bonds, and *
in addition to forwarding bii bonds for ex-1 jjacon and Augusta Railroad Company et al,
eta me, order* the discount on the new bone* I vs. Themis O. Bowen. Right of Way.
and enclosed draft on Sew York invested in 1 ““J 5 -
r.ew bonds at 90 cents. Others are doing the' 1 ’
same. The new bonds are
Those who wish to exchange or purpnase at I agreement.
Charles N. West, tvntra.
Tiie remaining errors complained of,
concerting them to be errors, were immaterial,
anti coulu not have influenced the verdict.
Judgment affirmed.
A. G. & F. C. Foster for plaintiff in error.
A. Itecje, cgnfra.
Joe Durham vs. the State. Murder, from
Greene.
MONTGOMERY. J.
In a murder trial if the State prove by
cross-examination of a witness for the de
fense, that “not a negro in tbe neighborhood
was friendly to prisoner” (who was himself
a negro) and tbe evidence of guilt Tests solely
on the testimony of one witness, who was
also unfriendly'to prisoner, and the prisoner
offer, to prove the cause of hit unpopularity
with his own race, he should be permitted to
do so.
Judgment reversed.
EdwanfL. Lewis, for plaintiff in error.
Flemming Jordan, Solicitor Qenmk.ty
dgilMWVt
they will grant, to the compaoy^ Ure | ^
Mbs oil -aiasjRffi
z r 4 ix tail aid or astute
Kifda ai'actai.as-law
.in Georgia. Kt maah !e*oitahle.dcfe»
an- iwd:i-«len.yeLhei»lint«Ur— 1
hf omit jt where each, *
of I an independent claim^ag .
•ii'nrt8»“cKn*ESSFWtlitse bonds foM wav. b® j* thereby estopped after .
tbrir own use as the beat investment known. I judgment reversed. against him in the common law action, from
Gleanings.
One-third of the population of Mississirp:
cannot read or write.
Consumption carries to the grave 200,000
persons annually on the North American
continent
throughout the United States daring the past
two or three months.
Where several owners of tand lying on the J
being sold rapidly. j- ne 0 j a projected railroad make a written
ge or purchase at agreement, that if tbe road is located aa pro- g p,
tbe StaSc Treasury should do so soon, as' the reefed, they will grant to the company the Thomaroi’ 1 'J
opfcfeSfa.a, ^
T^TmiuiEi wffi s«D v«rvN«r. York ^ frq* MtfNTGftMEH
•to acco^bwWfe^?*foldiTS of out cui bond* Ry ihcruanlngoi tLc road
^^Utoietber. wtftai*JfWmbcTi encouraged uiug th^v^uif of tWfKwS
A Boston boy bas recovered, in the Su
preme Court, $3,500 from a street car compa
ny, for catting off bis leg.
It is estimated that the Northern people
who visit Florida this winter, will spend in
that State not less than $2,000,000.
It is represented that there are fifty thous
and children growing up iu New York city,
between the ages of 8 and 16, in idleness and
vagabondage.
In
are employed in the shawl manufacture.
The weavers are all males; most of the spin-
ners women. A female spinner tarns about
seventy five cents a month.
- i Conundrums.
What is that which, when brought to the
table, is eat bat never eaten? A pack of
Radical Bleaalngs,
The following tables cannot be too often or
too pcrsitently held np fhr the inspection and
consideration of the people. The first ex
hibits the rate of taxation in each State upon
every one thousand dollars worth of property,
as follows:
Nevada Marjland *1050
Louisiana St 85 llliaola. 10 *8
tiESaa 18 SI Georgia »7»
Mississippi 17 re Kentucky 018
Maine .:. 1558 Vennont 001
Nsbreeii US3 Welt Virginia.... 9 0S
aSES...... 14” North Caroh—
Booth Carolina .. 13 30 New Jersey - --
New Hsmpehire »88 Connectfcnt 7 63
Iowa 1363 Wisconsin 761
- , 1133 Michigan 7S3
aetta 1168 NewTork 767
a 1137 Rhode Inland 7 31
1139 Texaa
Virginia M36 Teanetaee
Florida >133 Pennsylvania .,
Missouri 10 83 Delaware
Ohio 1053
The next table pre-ents the ratio of the
public debt to each inhabitant, and affords
much excellent food for reflection daring the
few months which elapse between the pres
ent time and tbe election. It is as follows:
Louisiana *73 03 Nebrnka. $18
Xazaachniette...
Send*
Virginia
Tecntssee
Maryland
i encoaraqril I
biles ted in Geor-
r Geor-.l
... 16
14
43 G4 Alabama 13
33 99 Iowa..
31 T9 —
3 31 Michigan
Connecticut
North Carolina
Kho<le Island 37 33 Wiacomtln 5
Mta*oqrL
Maine
Iiours
c people are
n as the
per to bring them the very latest news. The
erroneous impression that tho paper nv clies
this section one day after its publication, and
onc day later than the Macon papers of the
same date, has prevented many from sub
scribing. Convinced of this error they read-
**7 take the paper.
Colonel Avery hr a many warm, pmonal,
i weti as political and army friends through
out this portion of the country, but,
Mr re anon, W. A. L.
Tbe United. Stats* Scpreme Court on
Si«ro
The decision of the Supreme Conrt of the
United States, reversing the decision of our
Georgia Supreme Court in the case of White
vs. Hart, reported obscurely in oar telegrams
the 23d is, if we understand it correctly,
very important decision, and very en
couraging to the lovers of constitutional law.
Tbe case involved a slave note, which our
State Sucreme Court, in support of our new
State reconstruction Constitution of 1868,
denying remedy in such cases, dismissed from
tho dockets, leaving the note owner reme
diless.
The Supremo Court of tbc United States
decided, aa wc understand it, that Georgia
had never been out of tbc Union, that tbc de?
nial of remedy was invalid bepause.it killed
the contract, and that neither a State ncr
Congress can pass a law impairing the obli
gation of contracts. The contract was valid
when made, and neither State constitution
nor recor.strution amendments can destroy
their validity.
The reach of this decision is very exten
sivo and its indirect result very important.
It is one of the dicta, under the binding and
imperious force of sovereign law, that shows
what must be the fate of Radical legislation
outside of the fundamental principles of the
Constitution when brought 6quarely to the
pure, stern crucial test of the Constitution
itself, righteously administered and lawfully
enforced.
It puts the seal of judicial condemnation on
Radical reconstruction, and vindicates sub
limely the grand principles for which the
Southern people have suffered and contended.
The triumph of right must yet come, not
in the creation of anarchy, by the disturbing
of what is accomplished, but in the bringing
back to recognition and practice of the old
correct constitutional methods of running
the government. The good day is not far
off, we believe. We have great hope of the
future. Abases lead to their own correction.
The very errors of human conduct but make
the grand necessity of right the more lumi
nous. Avoiding alike the evil and the im
practicable, wc see a bright prospect ahead if
those who are in the “ M ’ 4
sensible. . _
The Radical days have been very wicked
and hurtful. Yet they have had their lessen.
Tlx* J adgc Badly-u ounded—Threat
ened Vengeance hy Federal
Authorities,
until tiie last ono of us goes. Owens i;
wounded. For God’s sake send help, and send
quickly Come to Dutchtown and then ilowr
Barren Fork to Whitemore?. Ward is killed.
Vanney ami Laic alone with Owens. None
of the rCat are here with ua. Wc look fvi
help to-morrow night by dark, and arc look
ing to be attacked every moment. The par
ties are close together, tfomc of the CLtrc-
keca are with us. Yours in.linutr.
'■ > * J.S.Peayt.
In order that the circumstances causing tin
terrible fight above alluded to may by more
fully understood, wc will state the following:
noitnim.E details.
On the 11th instant a white man named
J. J. Ivesterson, living in the Cherokee N»*•
t |f >n, near the Arkansas line, about fifiv miles
from this city, came hero and filed informa-
United States. Commhteffmet
Churchill egarast one Proctor, also a white
man, married to a Cherokee woman, for
assaulting him, with intent to kill. Hestated
that while in his saw mill on the 13th of Feb
ruary lost Proctor came in. walked up with
out provocation and shot his wife dead. II*
then fired hia revolver at him, the ball strik
ing just above the left eye. Before be could
fire again Kcsterson esca|H*d. It i<* further
staled that Proctor is undergoing trial now
for tbe mu-der of his wife at the Court House
in the Snake district, about fifty-seven miles
northwest of here. A writ was ksued, ami
the Deputy Marshals were instructed to go
to th-; Court House and remain until the trini
was over, and if he was not convicted to ar
reft him on tbc other charge. Proctor v
known to be a desperado, and it brier in tin
neighborhood
WHEBE DRPOTTMAESnSLB ;N7Z WAS 511,LI D
a little over a month oj o—where, i»i fact, a
Deputy Marshal ia shot »... almost on sight—
it was necessary that a strong pesre be sent.
The party ►Iso had writs for ;hc murderer*
of the United States Deputy MandnUBciitz
who ate supposed to be in the immediate
vicinity, and they intended to resist arrest
Last Huturday morning, ;hc 13th ins!., Dep
uty Marshals Jacob O, Jacobs und six others
left for the scene. The Indian Court House
is about twelve mite west of.that place.
The party proceeded, and about three p. sl,
Monday they were within liftv yards o!
the court house. They dismounted a go
hitched their hois s and quietly \
towards the cast side of the hous*- in
twos.
-■•JjjSft l ,P! FIRS1 VICTIM*
Thcj stop;, !a* 5 tho . wner, and XWk stem
ncd. '■/l* d*>.n tau icjk-
ed ml Seeing a large number of people!
inside armed to the tectb, lie turned imuicdP
ateiy to come away, but not before he was
fired upon and dangerously wounded. At
the same time a volley was poured from
.’onrt House upon tho Marshal’s fuses with
out, who then commenced to return the fire
They were at great disadvantage, as 1he
attacking party w:* under shelter inside ti c
Court House.
It appears Beck had some friends inside
the Court House, who, when they s.iw him
fall, opened fire on his (Beck’s) enemies inside,
and presently tlic fighting was general. I«
was brief, however, but terrible in iu result
Of tbc Marshal’s force
SEVEN OUT OP ELEVEN LAY DEAD,
and of tiio assailants, three. Some sixteen
or seventeen are reported wounded, som*’
mortally, including Marshal Owens. Morris
helped to lay out nine bjdi* s on a porch,
about half a mile from tbc scene of ike dead
ly affray, and thither the Federal wounded
were also carried.
. Proctor, the woman killer aud desperado
was guarded by eleven of his personal friends
who would not see him convicted. “
THE SHERIFF KILLED.
The Sheriff wn3 killed and tbe Judge re
ceived three bucksnot in the knee. 1 ndeed, it
appears from the sudden and deadly assault
upon the Marshal's force, that tbc people in
side the Court House had bec-n fully informed
of their approach and were prepared for
Grata Brown
The following letter comes to n leading
Georgian from an influential Missourian of
Southern connections, urging tho claims of
Gratz Brown for the Presidency to the sup
port of Southern Democrats. The letter will
be found to bo a very interesting and strong
one. We give it as a part of the history of
the times. Wo lcam that a good many of
our citizens from different parts of Georgia
are going to Cincinnati as lookers on at the
convention of reformers. No political event
of the day has excited more interest and
speculation. Tho movement b gaining an
immense volume, and promises, if conducted
sagaciously, to exert a powerful influence on
the political situation.
% It remains to be seen whether that conven
lion will rise to the demand ot the crisis.
Our Southern people differ much, and labor
under very general indecision of judgment
ia regard to it. No class of men •eera more
pronounced on the policy of siqqwrtirig in
some w»jr the nominee and action of the Coi
vention m the event of the nomination of
decided anti-centralist on a constitutional
and thorough reform platform *4:«n some of
the Smilhcrn Democrat»who have been
garded as extremist?. I n some cases wo see
some carious anomalies of con dieting <
ion. For instance, Mr. Stephens Is emu,„v
cally against Adams «»f M i.-fichwelts,white,
the Mobile lUgisfc r would: uppor t him.
The strongest man now scans to be Judge '
fXtvb, whom Mr. Stephens says tbe friends
o. constitutional liberty everywhere could
•“*>port
Yhat strength Grata Brown will develop©
remains to be seen.
But to the letter:
7 . s *vLows, M°.^ February 12,1872.
Pear friend: It will doubtless surprise
you to receive the following suggestions oti
national polili.s from me, but a profound in
terest in the peace and prosperity of the
people of the Southern States, among whom
my best friends—my kindred-dwell, impels
me to odd my humble efforts to tbe influ
ences now nt work for the promotion of their
welfare. During the last two years I have
walked
i file by
don *nd outrage which existed to a large ex-
•ent at the close of the war, hnvegiven place to
good order, harmony and contentment Under
mo eminently just and wise administration
of the fctate government tbe people are pros
perous and happy. It is perfectly evident to
me that the same beneficent results would have
followed to all the people of tbe Southern
IStatcs—tbc most of them now in so dis
tracted and miserable a condition—had tho
same righteous and prudent counsels pre
vailed in the general government at Wash
ington. The ona man to whom Missouri is
more mccbted than to all others is her Gov
ernor, lion. B. Gratz Brown, and what he
has done for ibis State he could and would do
for tho whole country were he elected Presi-
lent. lie ha* achieved a successful recon
struction for Missouri Tho general govern*
.merit bus signally and disgracefully failed i u
securing a successful reconstruct ion for the
whole country. A successful reconstruction
w the great and vital question of the day.
bet tho man bo selected fer its practical so-
lutton. who has already met and mustered the
diLculty; end that uuder circumstances of
peculiar complication and embarrassment—
ibe embarrassment and complication greatly
aggravate,! Iiy the dclcriniaeJ opposition ol
Uie texccutivc of the geiaral government.
We thus pres, the experimental evidencool
I'li e»p.city nnd efficiency. What ho has
cnc, he esn do, and wliat he can do he will
ln m A! e S rc -'' 1 cause which lie alone of the
Republicans inaugurated, imd to which he
laKlcvoUdhls rare gifts and distinguished
I f ot onlT lhc i' cace ®hd prosperity
of the Southern people, but the very exist
ence of 8’a c instiimions and the continued
.rgani/.stion of sicicty itself depend upon
he manner of lhi seulewcnt of that ques-
tion. It can only be successfully adjusted
»y a co'rdiH union of ail the* ireffib- m
SflUC. i Party of Uie ttaSmh, with tho Ur;
Deiul&ratvtijiu L.iw.r^J<rj7ui iican^o* thvA*
Nortli. * Thai union should be effected, if not'
form,, in reality, at Cincinnati, on the CU>
May. The Soutlrcrn men—Democrats and I
■! Whigs—should he there on the ground. 1
lot of Uie Convention, but ttiUi the Conven-1
lion, in luU force, and in the persons of their I
lililcst and best men, to afford aid and com-1
fort and to give unmistaUeabic assurances of I
united and energetic cooperation.
1 ' ' -fch'
For TL. Conttitottor.
THS OLD; OLD MILL.
Sil.Lt and zttt.y it .ucd8 a’oae,
^Like a tentinel plm of the oldta dm*.
No iron boom wheel, zi in former a»j«.
Measures Iu psco to tho water's china,
Thst fell f. om iu fas ft aloes yesrs Sfo,
And the wstere now nnfet’ered ted free.
In rerruje for the power It fonr.cr’r held.
Frolicsronod It la mtddcncd £ leee
No other eonnl break, the brooding gloom,
IT« the very birds seemed chased swsy,
Only now tad tten a esrsdlow's head
Porps from tbe roof of siOTMotetcd gmy.
Ia the waters dirk of tho old mill pond
tTadtrtarbed the lilies grow—
Ah 1 me, bow escrzly once they were called
By childish hands In the “Locg Ago!”
dost where the srfllows troll over the brink,
Their drooping head, to tbe slrcim below,
Wrapped In iu mantle of sombre green.
Bereft of oars, lit • the old boteoa
Or the lid dice bold, and the lure, fair.
What a tile It could tell If allowed to epook
Or the love trysts kept at the srillow’e reel.
Of the mooct light mile on the old mill creek 1
Bet the lid, are gone, and the Iiim, loo.
Gone alike with the “dare of yore"'
And only the boa' and tkc willows are loft
To whisper the uie of '■Nevermore r
Bal the reddest of all ths eye rceU oo,
la a lonely grave "Beats a spreading willow,
Baakcn, grown o'et by tho un, rank grata.
Where bleeps Uncle doe. the miller.
A queer old manor ntnith he waa,
Poor In parse and shabby of dteae.
Kind alike to rich and to poor.
For a true heart beat 'nrath hu tattered vc*L
Por thirty years be bad rated the mat.
Alike through runshlue and stormy weather:
Prom hie father's hands ho lecetredwezuon.
For the miller and u 111 had grown np whether
But there came a day when the m!U ceased work.
And the men spoke hurriedly under tbclr breath.
While the blanching cheek, and the.qcivcilng I p
-Toll the tale of the miller'• death.
‘Bury me men," his last words were.
“Jest yonder b reath that willow's tw.wp,
In round of the wheel that its requiem will play.
In sight of the mill thstlu vigils will keep.”
And there he has slept la the willow’, ihade
Through the year, that tare passed—years without
— BUmbee,
The wheel long ago ccesrd lu mooruful dirge.
But the milt still gourde the miller's alumh.ra.
Atlanta, April S3, 1873
DOLLY VARDEiY. n
O, Dottyt DollyTarden!
Now ru^Sy’mindPcTS”’
Ltllle*, pink* **d bi uthing roses,
IftkjpnraSdjdw'iVrow Xfhslt.
/11 * sl»gle yarn In
Hast Doily Tardea.
PUy^^oa,': ’
HSSSSs-
Charm of added io-o,
Br^llof all things fair
Every hnraau form dlvlno *
Can't be graced with Sower and vine,
lhwrlug oVlu beck quaint story ^
1 racco lu bloom of morning glory—
Krcry dame e; n't b- a rardSi,
At thou know'st. poor Dolly Vardcn.
Vainly, Dolly Van
S VVe oar hearts would
llcksli
111 of
odea,
auldkardau,
!Whonor an
Whether thou don oowitTn lawn.
SlfifitftS&Vc&r?”'
Or‘S^,«^ !
Wool, sod feliric* of that Ilk-
W*nd ts Ir.
re*n«i l»a*t all base compare,
l^t o’d fovlca a*lc y»»u pardon,
£»k>- pkten-a 1 pnrrcktcp *DArdoa,
v«r more oar br»rl* we'll birtlea ;
Ti du bun coi <ruercil, Dolly Yardeo I
and bloi
LIRE'S BETTER MOMENTS.
Lit ' hff$ ltz
Of hctU-_
Bel tb-y^an^iik.
B’ccfip^s fhcjTfaring i
A» .orcty n* Lr. of.
• ait et ns w i wi ta
of the tomb.
leaignato him cs the man for the Presidency f***- 1 ”- The vacant lot waa bought by Hr. Long,
it this important crista in tlic history of the ,e *f or v ..
whole country, nnd especially of the people Tbe * ^ *° ld ,eTea «k*rban louo* tteltun
of the South. Prominent men like Tram- and Turnw’* Perry Ko*d;4100*-r*#, *t 0prr
bull, Adams and others, have done little or I * cre » * icmoj at tW; iti-io^at 4f# HM*i$78|
nothing to relieve the country' or to deliver | 5 ° 3 * 103 at 6^6; 5 w-ico at $75; 5 81 lOOat $rs. f
: •»« Souiii. They have had opportunities, but I
nave lark'd to improve them. A partial sym-1 Folton Superior Court.—In the case cf
pathy is about all they have extended. What Branch, Sons A Co. vs. TL A Bollock, a decree sn s
Ibey would or could do if placed in power,ta I enteredauthorizintthe Sheriff oi Cobb coanty tosd
tixcn ft matter of some uncertainly. Again, rcrtls* and sell withl* ten days tho property attached
those men have never, in their own persons. The Sheriff of Cobb, on the 13th of December. 1871,
or m the support of their principles, united I levied upon one reaper and mower, thresher, cleaner
the different elements of the tlm£ parties- and separator with horse poweT and” thl
Democrats of the South and Democrats of mcal issued from Fulton Superior Conrt In tbe abovd
.he North, and Liberal Republicans. Gov. The grand lory h«re found the following true
Brown has, in a most successful and triumph- bUb; nutwell Huberts, (cofured,) bigamy; Sam W|l-
ant mauncr, united on himself, and in the| Mn , liM wiggcu‘on, (colored.) tm-tfary; 8am
them. The officials had instructions to make
a demand for Proctor only in case of his ac
quittal, and expected Borne resistance *h
they attempt to arrest l’r-*cior after hit ....
[uittal, but for the murderous volley «*n thcii
iret approach they were not prepared, hence
their k laugh ter.
TOE AVENaERS* CAVALCADE
Immediately upon receipt of ]>«*pn<v Mar
shal Peavy’s letter, R G. Kerens, Cliitf Dep
uty Marshal, raised and mounted thu’y men.
under command of City Marshal, (’. F. Rote
inson, and Joe Tinker, deputy. A demand
has been made upon the authorities of the
Cherokee Nation to assist in
TABIbO THE MURDERERS DEAD OR ALIVE.
This is ono of the most terrible affaire
ever known in lhc Indian country,
originating in distrust end jcaIot>y wish
which the mere intelligent por:i**n o'
the inhabitants of the Indian Territory or
misled by the bad white men. W hat pro
jection can be had may be surmised fiom the
fact that Proctor has committed eighteen
murders and is still unhung. It is the stern
determination of the United States Marshal
in this district to bring to justice the mur
derous and rebellious crew in the Nati
any sacrifice or expense.
~ Legal Intelligence.
The 8upreme Court of the United States
has decided that merchandise used to do the
dunnage ta to be regarded os cargo and as
part of the ship’s lading.
In the New York Legislature the Assem
bly passed abiil making it a misdemeanor to
sell, or offer to sell, any package of o*ufcc-
rlic
) Sity
They have tanght ns where wrong theories
can lead, and they have rivetted the lesson by
example. We cannot come back in a mo
ment to the right. As the deviation has been
long and obstinate, the return must be slow
md halting.
We repeat, we have great hope.
£olife** better momfftU, *
In brilliance appear.
Dawr.tec In
Or Jonrmy to chcVr.
ZUiUnd u tbe* lii gtt.
Like fcbidowc of even;
O that we, like tbcxn.
May me!t Into lleavea.
mpoort of Ins principles, all the« elemenU. , Iot , (co] orva,) vobb,^; w. p. Llthl, .hootl.z u
He IS the only RepubUcw xrho has really M0 , h nony SorrelMolonri.) tauxlaiy; I
accomplished any thing or nn important U1 che.Un« zud zwlediliie.
character towards a permanent national recon-1 -
Clinton on the IwisUof the vindication of the Nigiit Train on trr Athbns Brancil—
Ctl r“knnw a rnw“ itvown writ h.w. i.„™ SnpcrtBtendMt Johnton, of ths Qcortfs PlllrOBl,
1 know Gov, Brown well, have known I . noUcathat<mandarterto-day,a*donillfmilier
him long and intimately -knew hi« honored | ,L__ -.• Q . cloc v
father. Judge Moron Brown, of Kentucky. “ ^ „ n o'd
His kindred are my pctwmal friend*. I can rodvtt. ro Ptaoo r^tat .t il.Vtoek,
fully and heartily endorechim. Some of the ItataiBln*, will k»»e ObIc* l-olnt at I_A, x. ro^nA
hest blood of Virginia and Kentucky is in his “ rlv « “ A,hcM *■ *&•*•*■
SiTjW.’SS SyWSB in J^TOt-ro Os« or Potso^ro-A^
veorgia, hilt your conservative men, calm and 1 striated on Decatar street y«t«a»y evening, under
liongluful men of the Democrats and all the I
i J Whige, must see your opportunity and | “
"I be in Cincinn
On Mosdiy a parly of colored Ririz were oat sti
improve ir. I Imjve you will be in Cincinnat-1 lhe We *3 Knd Brewery, drmklns laser beer. A ne*i»
ri. nnd will secure the best men to be there “«•* gave sdrtak of taxer to the
and act in counsel with you. I gid who died. The others mzkcd for s<»&e Of ii, Lev
Truly your friend.
I it ta alleged, Bllveyrefared, eeylrgt that line, for lhi.
I girt. Tbe Ctrl drank It and ffeline rick, took tho
I etrcetcara and returned to her how# on Deca'nr 1
■treet, where ahe died within twenty^oar bocrz after
President Grant on Wcdneaday’a
meeting—^XVbat Democratic Bualnea
nenThiok.
tSF" In a little Vermont town, the Meth>
odist and Unirersalist denominations com
bined to build a chapel, which is occupied In
the morning by the former, and by the latter
in the evening. A few weeks since, the Uni-
versalist pastor asked the Methodist minuter
to announce thst the evening’s discourse
would be on “The Death of the Devil.” The
HI e3e Jrs r
mat nation is OHP»«pd«tartapm t»ri
present time ? Vaccination, because it is al
ways rising np In arms.
■into’
Sturdy follower of John Wesley, irritated by
this summary taking-off of a personage 'Of
theJUttoost value for Scaring sir-'—
Bamnltv-,'revenged himself by ea;
his pulpit: “This evening, my ” "
i»N*>*»J*PfiNtOmlIn thtaffieitro.
ltarkytkhtait the wervic*wHJ«'of#lMffESS
the ton preaches his father’s fhhe
The-eWircti irnow clos<a,nnt3
right to it to
Other sect; andv-the UniveTssHsV
believes that, if there is any man toot
to be saved, it is his Msthodiit “broUtsr."
Washington, April 18,1872.
Tbe President, in coversation with Sena
tors who called upon him this morning, ex
pressed himself as mack pleased with the de
monstration in New York last night, which
he regarded as evidence of the popularity of
the Republican party. He ha3 been assured,
from Tellable sources, that the leading Dem
ocratic merchants and bankers tn different
parts of the country are anxion3 that the Re-
jublican party may completely trinmph at
he coming Presidential election, as the surest
way of maintaining our credit and resisting
anything like a financial crisis, which they
regard as certain if their own party, should
succeed.
The shove we find fa de Washington tel-
Tspjiic __<SS»ai>SBI?Bfce‘tof the New York
e&fi^Spd it affords a carious, specimen of..
|e s'ubtorf us es to which Grant and hj» friends
to bolster up bin caMR^ The
t *3 bool a case o f simiime et-
vr^ffi in aojne Ume.
value, under the ]vcnally of frotn'v
dollars for each offense, or impriso.
jail for not less than ten nor more than ih'rty
days.
A decision has been delivered in the Bu-
6 reme Conrt of the United States by Justice
lavis, in the case of Robinson & Co., against
the United States, which shows that when
any trade peculiarly has been continued long
enough to become a custom, it can be insisted
npon as a matter of right, and the law
holds it.
Jndge Davis, at tbe last session of Frank
lin Superior Ccnrt, of this Slate, decided thst
when not otherwise stipulated in the contract
with the printer, the Sheriff is personally
bound for all advertising fees, no matter
what plea of homestead exemption, bank
ruptcy, insolvency, etc., may be interposed—
thst he takes the office with the knowledge
of the fact that the law bolds him responsible
for those fees, and he cannot afterward avoid
the responsibility.
nr. Stephens.
In tlic issue of the Sun of Tuesday mom-1 drinUBg ui» biwT
ing, Mr. Stephens makes a reply to our last I The physicians think that her Aealh waa tamed hy
article. We see nothing in it especially call-1 potion, probably morphia, as ths presence et thst
ing for a .response, and only allude to it in I ,,ul dr °* ”** detected by them.
courtesy to our neighbor. Mr. Stephens re- Committed.—Justice Butt yesterday oom-
produees the I
fail, save our c
him, arc very i
for themselves, and wc rest on the case pro-1 wbo „ CMci— I n oeaplnx, went Into the .lore,
sen ted. Wc have no reason to regret our po-1 tn d w uie one was ptctendedly baying risers; Floyd
sition there | sloleaboxbntwss detected and secarcd.
Mr. Stephens «ys no offense was meant Hmj> n ^George Davis, of'
and none was taken. Wc readdyplant uson wrikerc0Bn ,y,hads preUmlnaiy hearing yeaterday
this. I betorc CaltedSUtes Commissioner, W. B. Envlth. on
He winds np with calling our attention to I the charge of retailing liqnon In Cataoea ecnnty In
our promise last fall that we should be no fa-11*70, withontlleeMe. Judge Smith reserved his de-
active spectator in tbe great battle ot this ri.^.»U»P«ty wMriro^roriwtarodtarooth-
year, and says he bailed these words with I •••
pleasure when they were ntterod, and hopes The Rtolet Pbopertt -Colofael G. W. ■
soontosee them boldly maintained.
Wc hope to striae many a blow with our | -5| netetn i oU wm hosght hy Col John T. Grant tor
z~.araTsjoim.-s rn •• - . .. Coiotef'*T£bt!ith
Grant proposes to offset the defectiQMOf JhA deliver the
liberal Republicans by ths enlistment of Dem-
oeratie merchants.
Personal lten
Ole Boll, with his wife, will sail for Nor
way May 1st
New V ■
ork talks of erecting s statue to
James Fisk, jr.
General Daniel E. Sickles threatens to sue
the New York World for libel.
Charlton T. Lewis has retired trom the
management of the New York Evening I’osL
James Gordon Bennett, Jr., beta August
Belmont $10,000 to $4,000 that Granttwiil be
re-elected. . * , , ,
Minister Schrack’s daughters sre_ a* 8 *? 1 - *
among the most el8gnajjyjrr«rd Jadics m
^Mrl’jolm
at Girardey’s O^IffSfiuse, Augusta,^, tl*c
22d r instanL _ *
Mrs. Erafly D. Tubman, of Augoata, Ga.,
contemporary for tlic good common cau£C. J $3,185, and one lot by Joseph Alexander for $318.
The Constitution^’ been no lajprd ta 0muxa . Home ANN.VEnsART.-The an
public struggles, and 'Will not be. We nave I n | TPTWtr y 0 f orpluxe' Domest Norcracaoceai*
been all the time saying our strongest words I on the ssth. The Ladles Memorial Association of ..
against the abuses and heresies of Radicalism. I this dty hat been invited to attend.
If we have ever pretermiued any proper on- ’
slaught upon State or National evds, it hss coJjJIJjJuISdesd, on zrhtch occasi*a Colonel J. D. t
been unpurposed. Wherever a wrong poked I wsdilcil hxz been selected to deliver an address. ;
out we have hit it with our best vim and I This taat occasion bids (air to to annually interest. .
hardest lick. I ing-more rothsn on sny other cecazltm. Thotadlea
Wc have lia-1 something to say, too, against are making great pre|iiraUooa (onto day. •
those indiscreet fellows who seein to think I —
that our way to victory lies in the disband-1 “Another 8oul Made Happt."—That :
Ihentof our"powerful and organized_ Demo-1 dever disriple of St. Crlsptu. Chzrtsa C Hashes, left
orotic party. Wc have battled against this 1 a few dzys ago for Mtiledrcrble under gnard. H
tremendous mistake, and have, from lime to I looked rather ansptriom and oar i
timejziven those actus! facts of encouragement 1 (ally ronflrmsd when to camshsek y_.
about the party that we thought demonstri- I accompanied by a lovely bride. He i
’ *" marrlsge at Mltledgeville to the fair and acensp’-tahed
Mil Nora .apple. Thealtendaata were. Miss ttohta-*,
rcc, Miss Ttainor, Mlta Bnghea; Major M. n. Me-
Whorter, Mat Ryan, O. C. Carroll.
An golden thoughts, all wealth of days.
Troth, Friendship. Love, sorronnd them.
So may they imDe till life to eta. d.' -J
And angS hands hate crowned them.-. ,
I Atlanta andSavansar Railroad.— 1 T1i«JI
i Railroad
ted clearly how much ciuse for hope the par
ty has.
We hare not yot indicated our views ss to
the course tbe psrty should pn sue fa the
campaign, hut tbe time bas not quite come,
we think, for this. A little judicious waif- -
wont hurt our noble army of conztilulk
G itriots at this juncture. Big events are in
bor, whose parturition we would like to see
first. Unseasonable d«non*tr,tiu»AJ>feU>>
of Borne Female College on tho 13th of
June.
Idcrsot ths Atlanta and Savannah 1
Insertion on tbe Utbinri., r.zcgan!aed Ihzlr ]
of Directors by the election cf ths following grade- q
m: J. n. nrmrooed, W. A. Raff of Macon; Can.p-
th"e meantime, invoking psrty harmony l^n-Waito^J. D. Pope, or lttaats; r. eSui
ns the indispensable thing m emg (tfnentoww u p. epera. “
arc now, as always, ut$"Mfious, uniiiuw
hMwtSijRdsiirt * ‘
our ammunition
whom we hoi
in the great fight for
ment.
dwsvs, the zealous, uhiuing i , io<
t,and try to Areas'Irtffiivhot j Ptcsic Items.—The Sunday 8shoo’s
ranks. :as^»«*iblsx%We keep 1 ( jcthodirt) ,f Trinity and Wert End (taste >o
in for our. |;>inyroaonlhe31of May.
n overthrown j 'fhe tired TvmpUrz of Deeatn-, Ccnyere and Li-
1 gOTCTn-1 thooia, picnic logeihe: at Stone Mcnnlala oo nn*
l Wednesday.