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^ C constitution. Term* of subscription: Vf&EKLT CONSTITUTION per Sanaa |3 00 B vll •nb*eriptlo*? »r® j*ysblt suictJy is advance and. at the explrwa of the time for which pajacm s made. cakM prcTlossiy renewed, the naaecf the •abscriber will be stricken from oar books. \9T Chibs of Ten $15 00, and a copy of the peper sent free to tbegvtlcr-vp. 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.