The Weekly constitution. (Atlanta, Ga.) 1868-1878, July 16, 1872, Image 1

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fonstitntioiT. Tern* •! XabicrlftUB: WEEKLY OOK8TITUTION per «m»«a .... «JOO AanlvntpUoMan^jaM* Mail la adnats *»4, stlSee«l>lrs*-.<m of tacthse for witch pajnxa" m ptKrUmrif r e off tlM rw~ C»*W uf Tm ftt 00. sod » cupj of the p-^cT •mt fn>c »• tlie ms*W *p National Democratic Ticket. FOR PRESIDENT: HORACE GREELEY, or SS.W YoK*. THE WEEKLY CONSTITUTION. VOLUME X-. U ^ / ATLANTA, GEORGIA .TUESDAY. JULY 16. 1872. INUMBER 15 ■UTiani! ( u. vr.iria.. .MTn. few.|Ur |D KC1MIO IN S'. i l rOH VICE-PISF-SHIEST: B. GRATZ BROWN, ■>r irovmcui. ATLANTA. OA-. TUESDAY. JULY 16. Mu It abaet. Wo print oor weekly upon abalf Jaet Tlilo m unavoidable on «m«»l of our n - moral to onr now building. Tbb accounts aim fur one ilij’i May, all onr pn mi being down. The Sallaul Oraaacral'e Ticket. We place at the brad of our columns the Prtablenlial ticket wlopiod by the National Democratic Convention at IblllBwn. By reference In onr tab grama it will he wn that Greeley and Brown were eacii nominated on the drat ballot, receiving almost tlic entire one uf the convention. It la one of the moat remarkable faalloU ever cant In a National Political Assemblage. Its onnnim ily auger. "glorift-mly for float succere." Wo believe that Ibu National Democratic Don arralion have derfaled who shall be the nett President of Ibe United Htabr. We njqical to all Democrata. now IItat tbe banner of onr noble old party la fiouutod to the breeze, to rally onder It and win n victory, wb<cl> shall rescue lb« country from tbe rulu of centralist., and military overt idera of tbe Const Util Ion. The Baltimore Ornrenfle Onr special and prea* ubpalrhcb glre a full account of tbe proceedings of tbe gn-nl National Democratic Convention. It will be seen that the Georgia delegation in unanimous fur Oractry. Randolph waa mailc temporary I’mddcut of tbe Convention amid great en thusiasm. A nail, insignificant crowd of aoif-nominabd anti-Greeley delegates are trying to get up tbe form of a Convention, but arc enacting only an egregious farce. There la not a name of national note among then# (virtually) Grant strikers. We trust that there ia not a Georgian among then.. Certainly no one in RaWmore la authorized In represent the Democracy of Georgia but tbe delegation bonded by Colquitt, and which baa spoken unanimously. Ex-Senator Doolittle, on taking the chair aa (permanent President of the National Convtn lion, matin a alirring address, which wqa londly applauded. On slating that the issue waa clearly made np. and it wits Grant or dri-elsy, tbr cheering and enthusiasm were immense. Out of some seven hundred dele- gahe, only about fifty arc ugoinat Oretdey, accenting to eatiinatei ■talk mt Han. Llatan ntapbonn. By Intelligence received yesterday we arc adviaul of the death of this distinguished citizen. The lengthonnl connection of Judge Htrphena with the public affairs of Georgia will give to the announcement of his death a mournful Interest wherever it goes through out thu state and in many distant places out side. Judge Stephens was a native of Gcor gia, Iry whtxse people he. was often honored with places uf trust and confidence. Uc was, wn are inf.irmrd, lorn in 1H22 or 1S23, and eras therefore in his VI or With yar The writiw bas oranc recollection of Ids early days, when as a gladsome, happy school hoy Ini ntailo ail sunshine arouml him—witli his morry, henrly, manly gambols and ringing With several dit:inguishod attendants, nnm Irering in all 150, makes headquarters at the Carrollton, and Governor Hodman, Fernan do Worn), S. 8. Cox, General John Cochrane, Hon. James limoka, Thomas Creamer, Colo nel Dunlap, Norman E. Davis, W. A. Fowler, John Fox, IV. H. Grenelio, J. U. McGee, IL R. Richmond, IL W. Richmond, J. 8.Thayer, William Williams, and Nelson W. Young have engaged its most superb parlore-Nos 188, IKS. and 140—for consultation rooms, and each one of them has also a private par lor, and Governor Hoffman has two—Nua. 113 and 115. August Belmont and a few of bis friends will stay at the Mount Vernon Hotel. Governor Randolph and the New Jersey delegation will dine at the Carrollton, having liarnum and the entile Connecticut ilelcgatkm, consultation room SOP. Am ana Sprague and bis delegation from Rhode Is- llis manbrss.’s fruits were of that charac ter uf which the early Messnar of boylusHl gave promise, lir.ive, frank truthful, honest ami candid; yet at thu same time dis criminating and fair. He was one whose fricmMiip waa worth seeking ami wheae op|s«itiun it wa4 (rrudent u> cal- culale the alrrogth of lirfore provoking it. tksiie tiinn after coining to thu bar li-a oorinty win Idm to the Legislature, ns now raeoilected, where he served one ‘term as Senator. lie then mured to tls: county of Hancock, where be married the dangliter of thu late lion. Jam.h Thomas, a lady of great prvnonal attractions and many accomplisli- nionla. With this Indy lie lived tmlil her death. In great hap|Hncm, engaging actively in the practice of law and tbr .wing all the fervency of varmwt motive into his liusiness and into the nFive. (a.liiiral struggles and enntruveraka which oiislnl previous to the war. Tie death of this amlahle lady left n tcrrihl* void in (he heart and sentiments of hie whnlo-s<*dcd and cnnllilirg natnre.it-.ving him for many innntlst In an iunctive, listless crualitinn, entailing a nettled ghsrm and melancholy frntn which it waa almost im- (MMsihhr to anstao him. It was a Mow from which he never fully recovered. The good (sarpleuf llanrock, iry wlium Judge Steph ens waa always murh loved ami hnnnnal, ssnt him Ur the Legislature ns often as he. drained to he their representative. It waa daring the lint hum of Governor Joseph K. Brown’s administration Judge Stephens was placed kpon the bench of the Hepremo Court, -where bis decisions wen- marked by llutt nervous and penetrating as- tutennw for which his mental habits were al ways distinguished. An earnest inquirer after and a devoted lover of truth, he wmal. with a fervent constancy, ami adhered to principle with a persistant firmness which gave great attraction to bis opiidoui and the solid weight of conviction to his arguments. Intellectually Judge Stephens was a large man, hat little if any inferior to bis more extensively known and more ambitious broth er. Ho waa all times an (qqsincnt whose meaa- nre it waa hard hr take, aud whose abilities were meat keenly felt Iry the ablest with whom he came In contact- Ho waa an honest man. and his mistakes, if any, wore made in what he considered the stern pursuit of principle andean unbending regard to the very right. Had ho lived in the times of John Brad shaw, he might have mt at the Connell board where a King was tried and:condemned, for he regarded crime as without rank and a criminal aa the facts made him. Of hit own native land, Georgia—his loved, his honored State—his love was of a never doubting, a never hesitating kind, and whether in the right or in the wrong, where the ensign of her aovcrcighnty waved be waa always near the staff which supported it When Thomaa W. Thomas made up a reg intent for Virginia in the fiercest days of our recent war, his friend Linton was by his ride as Lisa tenant Colonel. The service was to both of them physically trying and severe, prostrating them, and ultimately sending poor Thomas to Us long account, and leav ing Colonel Stephens in a greatly shattered condition, and front which be never fully ntm jackAon, «mMi cockt rctujsTm 1 Nww Turk Hemld.J ^ The Resident CummiUeu Takes ftwrowro n«owr mu tub am*Tnr*fo« *r , . *'"* ' J *rrtll-f*wvu ,mw> : naver ..nwaww ».non wmm.lws. I charge of tbe theater for tbe xmst of llw renljoii, and ban fully done its work. MOW Til V DELEOATl'tts WILL «‘IT. The scats in Ford’s theater bare bu n nl- Ktpseiu csi kt sr ucoaoii LHK ml in ^Allantti^TuemUry, July U. 1872. Hare bra riven by U»o Court «jf the land, and vest the same in the defendant I Hsydeo Uu Ait’S vs. John B. Courwy. In- as a pun-tiaser thereof at the administrator'* junction-md Bdl for New Trial, from sale. The Act of 1833 also declares that forty days public notice of the sale of U» t Ordinary lo wdl it The pretended older for tlie aaie of the land offered In eTMlencuin ready diolriUiled among the titale deiego- ed to tious, and a plan of the theater prepai put the arrangement within the cxsn[>re!)i n lion of every delegate. Maryland, with her sixteen dek-gab-s, site in the extreme rear, furtbrat of all (rum the stage, behind even Uie eight terrilorit*, which, with their two dcicqaUa apiece, ait in front of h<T, flanked by Llab’a twu votes awl Nevada's six. Tbe front row of seats immediately under tbe stage, in the parquet!e, will be occupioi, <m the right howl uf Urn President, by Maine, with her fourteen rotes, and IsmtsUna. with her sixteen, on the President's left. Next behind comes Arkansas, with twclre dele- gates; Michigan, with ten and Hbralo Island, with eight. In the third row will sit Missis sippi, with sixteen rotes ; Connecticut, with twelve, and titu District of Columbia, witli two. Next behind, awl quite acruss the uiid- die of the paruuelte, wilt ho MmaiNiri, with — votes; Maraacfausells, with twenty thirty , _ ^ twu; Indiana with thirty; N»rtli Carolina, with twenty; awl finally. In tnc rear of the parquetie, onder the eaves uf the gallery, will he West Virginia, with U-n rules; Geer gia, with Iwctily-two, and Illtuuis, with forty- two. The seals hi Ibe parquetie circle, which are not su gowi, I sit still afford a fair view uf tlie stage, will he occupksl, in thu front row, hy Nittsr Vasrlr'ta umsMiIii ili.lumtaa . ininw,ILl..l„ New York'a auvculy <l(J«gates; inmietliattly IjcbioU Penusylvama’a fifiy-ci^ht, ami then, continuing back on tbe right hand eido to ward tbe rear, will lie Kamuui,wiib ten; Wi* cousin, with twenty-two; Iowa, with twcu- ly-two; Miehi^nu, with twenty-two; Nebras ka, with »is, and Minnesota, with ten. On tbo left Load side of the main aUIo, tbe front row of ttieparriuettodiclo will lie tilled with Delawikrc'a six votes, Florida's eight, ami Alabama's twenty. Next behind, on Ibe name Hide, come Tennessee’s twenty-four and Kentucky’s twenty-four. Behind Tennessee will be Ohio’s forty-four, and behind Ken lucky California’s twelve. New Jersey's eighteen, tiic sixteeu voted of Texas, and tbo six of Oregon. To make tbe matter of delegates’ seats more distinct small banners will be placed in the part of tbo bouse where each delega tion is to be, bearing the coat-of-arum of tbe Slate so located and tbe name of tbe State in full. WHEUK TII8 DEI.K0ATIOXS WILL STOP. Nearly every State delegation has secured its quarters, and tbe various hotels where they are to stop are making active prepara tions for their care. Tbo Carrollton, Uie new and gorgeous hotel on tbe corner of Bal timore and Light streets, will be tbu great place of resort for tbe more distinguished delegates aud delegations, and press head quarters lias also been estahlislHxl there; and tbe representatives of nil tbe drsl-cla<w Jour nals, from tbo Herald down, have engaged from oner to a half dozen of Its Iwet apart ments. TUB NEW YOKE DELBOATIOK, and sat is ned. In consideration of tbuagreo- uiMit, Field and bis wife Levada convoyed Uie lot of bind to Burnsides in fee simple, and declared that it was a conditional deed anil not a mortgage, and becomes alwoluto upon Uie nonpayment of the sum of money due on said Judgments at tlie time specified, and that Burnsides has tlie right to enter and take poHficaskm of said lot of land at tbo ex piration of tbe time. Tbo agreement lad ween OTUBIl DISTLKOLItnrBD BMOAOEMBNT8. land will have fine tmarters there, headqnar- . — ... .... tern at parlor 20U. Lx Governor Bigler, fr »m Pennsylvania, will head a list uf twenty from that State delegation tliat will have headquar ters there. General D. M. Barringer, of North Carolina, heads tbe dub-gallon of thirty fmm that Blau*, that will have quarters at the Carrollton, with par««r 117 as Headquarters Tbe delegation from New Hampshire will have boauquarhTM at the i*atue hotel, parlor :C9. The Vermont ddegotiou will bo Umm also, with parlor 423 aa ita headquarter*. Tbo Missouri di legal ion have spread them selves in good quarters, and obtained Uie bnst in tbe cky.. They come ou in great strengUi to work for (Jreoky and Browu, aud have ongagisl as headquarters parlors A and B of tlie Carrollton, the largest in the bouse. Frank t*. Blair, will nncoinpany them: Tbe Alalmma delegation, bended by Hon. P. M. Dux, will alao stop at this hotel, and have headquarters at parlor 513. A delegation of fifhvm prominent gentlemen fnmi Louisville, Ky., who come ou to iHdpget upentbiiaiasiu, will als4> stop at tlie Carrollton. Tbe Maine drlrgnt ton will also live there, having (wrlor 4W as bi-ndquartcrs. lion. Kugcno Cassnrly beads tbo California deb-galbm, which will domicile at tbe Carrollton, having parlor C as headquarters. The Arkansas delegation will stop there; os also the South Carolina dclegaUon. The New York delegation and its attend ants have secured the greater part of Uie Carrollton’s best nann*, nearly every gouUe- mnn of promiuecc having besides a fine sleep ing ap:irtmcut, a superb parlor—some of them two. At Baniura’e tbo array of delegation* and iiftlmguiiiliod individuals is also great. W. C. Cornier, II. W. Genet, Judge Bcolt, J. P. Ban ders, W. IL Uuuicy, and Licutanant Gover nor Allen C. Beach, of New York, have en gaged elegant quarters Uicru, and tbe irre pressible George Francis Train will alao stay there. Tbo Pennsylvania delegation make that hotel its headquarters, as does ez-Bcna- tor Cowan and several distinguished gentle men from that State. Kx-Scuaior !><>o!iuk' and the euUro Wbavnrun dckgoliou bare alto taken quarters tberu. lion, lleniy G. Davis, Uuited 8Vales Benator from West Virginia, one of Grudqr'a Urmcsl and ablest support ers, has engaged elegant quarters at thu bo ld, and tbe entire delegation from that Blatc ill stop there. othbm Hotels. Tbe Tennessee dvlegat on, Michigan dele gation, Louisiana delcgauon, Indiana delega tion. Kentucky dclegolkm, Mowacbuneita delegation, Ohio dek^alion and Mississippi have all engaged quaitcramt Born urn’s, and each will have a parlor, as headquarters, as signed them next week. At the Eutaw House, the Texas and Nebraska delegations are the only ones registered, bat a largo num ber uf private individuals have engaged rooms them At the SL Clair, the Americas Club of lliiladdphia, numbering 150, with a band of music, has engaged quarters. Tbo Virginia delegation will also stop at this hotel, and have One headquarters there, where its thousand attendants who come to shoot for Greeley can gather from their hum bler retreats in the various parts of the city wherever they can find a place to get shelter. Governor Walker, of Virginia, and ex-Attor ney-General J. 8. Black have also fine quar ters at this home, and it will bo the head quarters of the German Democrats, who are to meet hero on the 7th. At tbe Maltby House the Kansas delegation will stop, and portions of the larger delegations who have headquarters at the larger * * r holds. Uis devotion as a friend was truly Roman in its manhood, and bad all the gentle traces of sweet and gracious womanhood in its ready appreciation, trusting confidence ~ a onfaltering faiihfolnea*. The luve of David and Jonathan has long mellowed the light of history with its gener ous glow, but it could not have been more constant, tried and true than that which ex- feted between himself and his brother **FJ- lick.” He watched hfe brother—the temper of his^nlnd. his mental processes, bis course of study, his manner of dealing with the greatest as well os the smallest concerned of life with an earnest, truthful interest, which it was creditable to a brotherhood which ex isted by no common band. It was a large reword to meet his brother’s approval, and no small mat hr of discourage ment to soeounter his opposition. They arldum differed. Theirs was a life of trait? of sentiment and purpose rarely witnessed. Bat we forbear—it will doubtless be milted to an abler pen than canto do justice to the separate merits of the life and charac ter of Judge Stephens. Georgia at this time con ill afford to spare hb eminent ability and sterling honesty. Tub Vital Drain.—It is necessary to the health of the body that its exhaust ed and refused particles should bo carried off by tbe excretory organa, and it fe equally necessary that the waste matter thus expelled should be replaced by new ele ments derived from digested and assimilated food. It is evident, therefore, that good di gestion and perfect assimination are essen tial to bodily vigor; and it fe because Hos teller’s Stomach Bitten powerfully assist these processes, that it is regarded by the in- tehigent classes, whose opinions ore founded on observation, as tbe only absolute specific for dfepepaia and its attendant ills, at present known. When tbe system, either from con stitutional causes, overwork, excess, anxiety, or actual disease, fe in an unnaturally relaxed condition, something more than its exhausted particles passes through tbe J. C. and Susan J. Clarke va. J. M. Thurmond. Equity, from Lumpkin. WARNER, C.J. This was a bill filed l»y. the complainant against the defendant* to set aside an award. The defendants demurred to the bill, which the Court overruled, and Hie dt-fcndaiit* ex cepted. Tlie award of the arbitrator* was made tbe judgment of tbe Hu furrier Court, and, according to the rqvwted ruling* of this Court, ibe allrgati^iu) in Ibe complainant’: hill are not sufficient lo anlt>orizc » Oairt o! Equity to interfere and set n*id« tin* jmlg- menL Let tbe judgment of Ibt* Court below lie reversed. R. A. Quilliaii for plaintiffs in ern*r. Wier Boyd for defendant. Kj«ft- 4. W. Burnside vs. Bird Terry, of. al. merit. New Trial, from Hall. WARNER, C. J. This was an action of ejectment brought by the plaintiff aipdriMl tbe dcftiubnit* to re cover tbe (Mwacssion of lot of land number forty, in the 10th district of llall county. On the trial of the cu*e, the jury found a ver dict for tlie plaintiff. A motion was made for a new trial on the several grounds sjwififd In tbe record. The Court granted Uie new trial, whereupon tbe plaintiff excepted. Tbe plaintiff claimed a title to tbu land under a of Aiuil, t*G9, to him, aa set forth record, and one of the question* neulo on Uie motion for a new trirU was, whether this deed, according to its legal effect, was a con ditional dual conveying a title to Uie land, or a mortgage. A mortgage in this statu is i »nly a 'security for a debt and pauses no Utle. No iiorticular form is necessary to constitute a mortgage, but it must clearly indicate Uio creation of a lien, specify the debt, to secure wbicb it is given, and tbo property upon which It into take»fleet. Code TJ44, 1515. A contract may be absolute or conditional. Tbo classification of any contract must de pend upon a rational iulcrpcfttnUnn of Urn in tention of tbe parties. Code 2070. li is recited In tho deed, that Burnside, tbu plainUff, liehl in bis own right judg ments against Field, one of Uio defendants, amounting to tbe sum of three thousand dol lars, ami that Field bail obtained the lienefit of the homestead law upon bis real pro|>erty to which Burnsides filed no objections, upon Uie following agreement: that if Field did not pay the money due on the Judgments on or before tbe 1st day of January, 1871, then tbe lot of land numlier forty iu tho 10th dis trict, valned at one lliousaud dollars, is to ho the right and property of said Burnsides bis heirs and assigns forever in fee simple, and tbb case is dated 4lh of November, 188L and tbe sale took place on the first Tuesday in December, 18C1—twenty-nine days only after tbe pretended order of tbe Court bears dap*. Tbo deed mode by tbe adminisPaPir P> tbe defendant recites that leave to sell tbe land was granted In November last post lie- fore the making and delivery of Uie deed to him on tbe 3d day of December, DC1, so that tbo defendant bail nodes on the face of bis deed that the requirement of tbb law, in that particular at least, had not been com piled with so as P> make it a legal and valid sale. Although Uie minor heirs of the intes tate may have had a guardian, and that guar dian may have receipted to tbe administra tor for their proceeds of the ssIC of tbe land without uuy knowledge of the illegality of the sale, as tlie evkh ucc iu tbu record shows, they were not esp>|*ned from asserting their claim to flic laml when they obtained a knowledge of such illegal Bale, and it was error in the Court to charge Uie Jury that they were estopped. Estoppels are not generally favored by the courts, and it would be a very harsh rule to establish that tbe minor heirs in Uiis cose were estopped, when their guardian bad no kuowlcdgu of tbo illegnllily of the sale of the laud. But in elecUng to set aside the sale, they must account for what they Imve received from.the sale of tbo land; they cannot have Uie feud and retain tbe proceeds of the sale thereof. Let tbe judgment of l lw Court below be reversed and » now trial or dered. - A. T. McIntyre, Mnntur & lleCnll, James L. Reward, for plaintiffs ia error. Hansell & Hansell, II. G Turner, 8. 8. Kingsbury, for defendsnL John M. Kendall and G. K Collins vs. Mary Dow. Injunction, from Dougherty. WARNER, C. J. This was a bill filed by tbe complainant ns the sole heir at law of John M. Dow, against tbe defendant, praying for an injunc tion to restrain the sale of twenty-six lots of land in tho county of MUchrll, which bad been levied on as Uie property of Cbecver P» satisfy a judgment obtained in favor of Ken- <1.11 va fllioovnr tirann* uaitHinn Uie said judgments to be considered paid off dall vs. Clicever. After hearing tho ]tartics on a rule to show cause tbe Courtigrantcd the injunction prayed for lu complainant’s bill; wuereupon the defendant excepted. It ap pears from the record in this esse, Hint prior to Uie 11th day of August, 1870, that Ked- dall, tbe defendant, bad obtained a common law judgment against tho administrator of Win. W. Ubcevcr, which bound tbe property of said Cbeover for tho payment thereof, in cluding Uio lands now levied onto the county of Mitchell, which lands had been convoyed to Dow, tbu complainant’s intes nto,by Win. W. Ohccver, in bis lifetime, for a valuable caasideration. On Ui« Uthdnyot' August, the parlies was, that the judgments bold by *' ... 0 f. Burnsides, amounting to three thousand del lorn, should be paid off and discharged by conveying ibu lot of la<*l worth one thousand dollars, aud if the $>000 00 was not paid by the 1st January, 1871, tbe land Monged to Burnsides, and the debt of three thousand dollars was paid off and ex tinguished. Buck was Uie contract and intention of the parties as manifested ly tbe deed and the recitals therein. Tbe $3,000 00 was not paid by Fields at tbe time stipulated, aud tbe result was by the terms of Uie d«H*l that tbe land liecamc the property of Burn sides, and Fields* debt due to Burnsides of $3,000 00 was iiaid off and extinguished by tlie conveyance of the lot of laud, worth $1,000. fn our judgment this was a deed conveying tbe land upon a condition subso- finent, and not a mortgage, according to tlie declared intention of the parties. (Code 2268-2273.) Whether this agreement between Fields and Burnsides operated as a fraud upon Uie other creditors of Fields, wo ex press no opinion, an they, nor the character of their claims, are not now 1m-fore us. An other ground of error assigmul is that tbo deed of Fields and bis wifo to Burnsides for tl*o lot of land in controversy was approved by W. A. Burnsides, tbe < Ordinary, who was tbe brother of James W. Burnsides, the grantee iu the deed,that lie was iucouipotent to do so on account of 7ns rcfelionsbip to one of the parties, and that Mrs. Field/ was not 1870, Messrs. Hines A Hobbs, the nttorney* of John M. Dow, ct al., and Messrs. Vason & Davis, tbe attorneys of Kendal J, entered into a written agreement for the settlement aud adjustment of Uie claims of the re spective parties represented by them as Attorneys at Law, in tbe case stated. Tbe preamble to tho agreement recites, after stating tbu case rf John M. Ken dall vs. William W. Checvcr, complaint in Dougherty Superior Court, that ‘•Whereas, the plaintiff in the above stated caso heretofore to-wit,attbo — term 185 — of tbe Superior Court of Dougherty county, obtained a Judg ment at common law against said W. W. Cbocvur. on which Judgment an app<*al was entered by said defendant, which is still tiend- iu£ in said court; and, whereas, Uie lien of said a>mmon law Judgment is supposed to bind certain property hereinafter set forth.” Tbe agreement then provides tlmt in con sideration of the payment of $1,000, that tho plaintiff may take a verdict for the amount of Uie last verdict obtained in said cause, or dismiss Uie appeal aa plaintiffs’ counsel may sco fit. In consideration of tbe payment of $1,000, to bo raised and paid as stipulated in Uie agreement to said plainUfi *s attorneys, Uie said lien of said judgment Hindi lw for ever released and satisfied on the following iropurty, to-wit: all that projierty conveyed iy W. W. Oheever to Thomaa 8. Metcalf by deed wbicli is of record In the Clerk’s office in Dougherty Siqierior Court, city lots 43, 44 and>84, on Broad Htreet. Albany, Ga., and those lots convoyed by W. W. Ohervcr and C. U. Farmalco to John M. Dow, all of whidi said deeds are of record. 'I'hc ques tion in dispute between the parti«w is wheUicr by a fair construction of this agreement it was tbe intention of the parlies to it, that the Hen of KendalI’h Judgment til/1 nWITUlMw Zif UT "VIT i ‘luuiun. arv present at Ibe time of such approval hy the Ordinary. Tlie 103d section or die Code de clares that “No Judge or Justice of any Court, no Ordiuary, Justice of tbo Peace nor presiding officer of any inferior judicature, or coininbvion, can 'sit in any cause ot proceeding in which lie is jwcuniarly interested, or related to either party within the fourth degrou of coiisanguinity or nffin- ily.” Tbo property set apart under Uie homestead Act is declared to lie for the use of Uio wife or widow, and children, during her life or widowbiMid, and at her death or marriage to 1« iqiially divided between tbe children of her fonner marriago, then living. (Hit w-ction 12th, Act 1468.) 'I he wife and children are* Uie principal beniflciarioH under the huiin stead Act. The homestead pro{ierty sot apart as such, cannot bo alieuated by tbe husband, but may be sold by him and bis wife joiuUy, with Uie approval of the Ordi nary. The approval of the Ordinary U re quired for the protection of thu wife and all cases Uint Um wife’s consent in fr*dy and voluntarily given, nml Uint tbu safe will bu for Uie benefit of Uie wifu and children. Under tho pruvisioas of oar Code the wife cannot biud her separate estate by a contract to pay her husband’* debts, nor hy a sale of her separate estate to a creditor-of her hushaml in cxtii;gumhincnt of bis debts. Code 1773. Tbe same reasons would seem to bu applicable to the sole uf thu homestead in xtiugnisbment of the huslmnd’s debts. In this case tbo wife joined with her husband in appears from tbo evidence in tbo record, the wife not being present at the time of the ap provul and consenting thereto. In our Judg ment, tbe deed was invalid because it was ap proved by the Ordinary who was related to one of the parties to it, within tbo degree of consanguinity prohibited by Uie Code; and that the new trial should have been granted on that ground. Let the judgment of Uie Court brtow granting & new trial be affirmed. Wier lfciyd, R. A. Qaillian, for plaintiff in Geoige D. Rice, J. N. Dorsey, for defend Equl- Nancy Grover ot aL vs. James King. ly. from Brooks. WARNER, C. J. This was a bill filed by the complainants against tbe defendant, to set aside a sale of certain described lands purchased by tbe de fendant at an administrator’s sale on tbo 8d day December, 1861. Onthetrialof thecasc, the jury found a verdict for Uie defendant A motion was made for a new trial on tbe several grounds specified in the record. Tbe Court overruled the motion, and the complainants excepted. Whether the letters of administration of Kemp offered in evi dence which were issued to him by tbe Or dinary upon the resignation of Rushing, could be ecOaterdUy attacked upon tbe grond set forth in the 4tb assignment of error, pores. Vitality leaks through these ventured which should remain in the blood. Ann E. Lowiy vs. E. 1*. Williams, adiulnl* trator. Ini unction, from White. MONTGOMERY, J. The discretion of tho court below In grant ing or refusing an injunction will not be in- terferred with unless it has been manifestcdly abused. In Uiis caso tho remedy of Uio complainant for the grievances complained of. Is ample at law. Judgment nfflrmod. Cobu, Irwiu & Cobb, represented by tbo Ibqiorlor, for pfeintiff In error. G. McMillan,'for tlefumlaut. • J. T. Dasher vxl Virgil F. Dasher. Motion to vacate jtvjgmcnt, from Lowndes. MONTGOMERY, J. The ontiy of aerviec on a suit hy the Sheriff is not ctnclusive of such service, but may bo truverxed by the defendant at the fir»t term after notici of such entry is hail liy him and before pleading to the merits. Code —ction 3264. t Judgment ronraod. Whittle & Mtrgnn, for plaintiff in error. No apiioaranoii for defendant. against the property of W. W. Checvcr in consideration of Uio payment to liiiu of one thousand dollars, should be released aud satisfied as to all tho lots of land conveyed by W. W. Chcevor by deed to John M. Dow (including the lands in Mitchell county) or wheUicr it was Uie intention of tin* parlies to relinquish the lien of KendaH’s judgment, only to such lots of land as had Inx'd jointly conveyed by Checvcr and l arnialee to Dow. On the bearing of the motion for injunction veral affidavits wore read in evidence to the Court, including tbo afildavits of tho attor neys who made the agreement, as to what was the meaning.placed on the contract by the parties and understood by them, at the time it wn* made under Uie provisions of the 2714tii section of the Code. Upon this point in the cose, the evidence i* conflicting. It was manifestly the intention of tlie parlies to re lease and satisfy tlie plaintiff** judgment lien on Ohecver’s property, and the worils of the agreement are br«*ad enough to cover all the lots of fend conveyed by Chcevor to Dow by deed* then of record, a* well ns all the lots children; and this is not only a proceeding conveyed by Fannalee to Dow by deeds of before the. Ordinary, but is an important record, unless it was the Intention aud function wbicb be is requested to jierfonu in undersUndiug of the parties at the time the exercise: of bis Judgment as a ludicud tlmt Uie release of the lien of the plaintiffs officer, and he ought to be clearly sat Plied in udgimul should only extend to such lots of anti as were conveyed jointly by Oheever and Panualce to Dow. - Pannaleo does not appear to have been a party to the suit whidi was the culgccl matter of tbe sctUcmcnt. The subject matter of the settlement wiw Um release and satisfaction of tlie plaintiff’s judgment Hen against Uie property conveyed jy Ciieever; and if it wo* the intention and nnder»Unding of the parties to the agree ment that the relinquishment of the plain tiff's judgment lien should be restricted and confined only to such lots of land as were selling a part of Uie homestead in extinguish- jointly conveyed by Oheever and Panialeo. uicnt of the judgment debts of her husliand that is a question of evidence which should and if the homestead is to be held good as be submitted to the jury on tho final hearing against tbe pre-existing debts of the husband of the cause. In our judgment the words tlie Ordinary should not have approved the of the agreement, when considered iu rela- •alo of the land for that purpose. The Or- tion to the subject matter of it, do not neces- dinary who apjirovcd the sale was Uie brother manly require the construction insisted on by of the party to whom the sole was made as Uie plaintiff in error. In view of the stato- Laiiremi McCAY, J. 1. In a motion for a now trial, on tbo ground of newly discovered evklt-oc**, the evidence is n*' t cumulative if it refers to a material issue not mode at the trial, cither by the pleading* or the evidence. - 2. When ala**: was dismissed in tills Court for want of prosecution, vuid it appeared in a bill tiled (n the Court below for ucw trial that tbe plaintiff's coun sel hid beeo misled by n statement of the defendant’s counsel, to the effect that under tbo rules of this Court the caso would bo put at the heel of tho whole docket, on agreement of counstd, and at Uio request of said defendant’s counsel and solely for his convenience, he h&d so agreed anil hail, in consequence, not appeared at tho calling of Uio case, all of which was admit ted by said defendant’s counsel who assumed the whole blame of the non-appearance, ami admitted Umt tbe plaintiff was in no lachcss. if eld, That, as Uie motion for a new trial waa meritorious, and thu fault of Its miscar riage was witli the defendant In error hy hi* own mlmis*io*i, the Court should havo sanc tioned the bill. . Lyon, DeGfkffenreld & Irwin, Hansell «fc Hansell, reprewmtod by li il. Hill, Jonathan Rivers, for plaintiff in error. No appeanqjce for defendant BY TELEGRAPH. adventitious. I am, perhaps, thcfoldo&t mem body ; and a life of eighty years NEWS F ICO ML BALTIMORE. Full Detail* from tho National De mocratic Convention. Greeley and Drown the Non»t«iro«, Owen Smith, felininistrator, vs. W. I). How ell, i*t *1. tfeiuplaiut, from Lowndes. McCAY, J. Where, In a suit pending on a puimfe'ory note dale*l bufero tho lsi of June, 180», it HnjHsucd tliat the suit was in tho uaino of nq a juiiuiatratofjtlmt a widow and minor chil dren were the role distributees of tho ostato, and that the nttc had lieen taken liy tho ad ministrator ns part of the consideration of a tract of land sold by him belonging to Uio estate. Held, Tlmt; primn fade, the note was duo to Uie widow and minors, and within tho ex ceptions to Uie Act of Octolier 13,1870, so that the tux affidavit was uiiucoessary. Judgnieut reversed. Peeples & Biles, represontod liy C. Peeples, A. II. Hansell, tor plaintiff in error No appearance for defendants. James A. Thomas vs. John B. Wolfe. Coin- plnfet. from Lawrons. MONTGOMERY, J. 1. Evidence tlmt a proml«;ory note, paya ble “in any solvent notes” wus intendeil to be drawn, payable in any solveul notes of u particular estate) is immaterial. Proof that tenddf, or payment. made in solvent notes lielonging; to that estate would havo tK-eu admissible^ to show defendant's com pliance or rcadiicss to comply with bis con tract as set ont by Uio plaintiff Hence tho imposed ndditufi to U\o contract would not j.'ivo strepgthc4od dofendutit’s case, and a continuanco moiod for ou tho ground of tbe atisenco of a witness by whom defendant expeetctl to prow; tho prop4«isl addition was properly refused, Tbo «7lf«:r of ilcfendant to proved tbo same fact by bia own Evidence was rightly rejected for Uie s:uuo rea y»n. 2. A promissory note, payable “in any solvent notes,” requires tenner or payment in notes solvent &i tho time of such t«.'iider or payment. * Judgment amfruciir R A. Stanley,; J. Rivers. ivpn#pnl«l by Newman A Harris*»n, f*»r plaintiff in error. E. P. Howel!&»r defendant. Sjn-clnl to The CoOFUtation.l Baltimore, Mo., July 0.—The' Georgia officers of the Convention are General IL L. Henning, Vice-President; Committees: Thos. Hardeman, on organization; I. W. Avery, of The Atlanta Constitution, on platform G. 8. Black, on credentials. The Georgia delegation has instructed its committeeman on resolutions to press the following ns its seulimtuts, if Greeley’s sup port is determined upon: Resolved by Uie National Democratic party t That, while affirming its unchangeable fideli ty to tho great principles ot Constitutional Government for which it 1ms ho long been tho champion, wo dtclare it inexpedient to make any nomination, and recommend that Uio full strength of tho Democracy bo thrown to Mr. Grecloy, Uio candidate of the Liberal Republicans. The prospects are overwhelmingly for the nominnti >n of Greeley and Uio adoption of the Cincinnati platform—tbo South leading on Uiat lino. L W. A Baltimokk, Md , July 10. Georgia voted against thu Cincinnati plat- fonn except Bcunlng, Gray and 8|iau1ding. On Uie first ballot Georgia voted for Gree ley except Black, Rucker, Pottle ami Can dler. The vote was made unanimous. Hawkins is on tho committee to notify Grceluy of liis nomination. The enUiusiasm is tremendous ami. the be lief in success strong. The Georgians have stood staunchly to Uieir ideas aud propoeo to stand to the party and work for its success. A13H0U1ATKD PUK8A DlllPATO/im Baltimoub, Md., July 0.—Last evening was devoted to meetings of Uie delegations for organization and to speech making at several places in the city. Tho principal hotels are densely packed and private houses are o[>en to ivrsonal friends. Tho situation ut midnight was unchanged. Evidently a large majority are In favor of a nomination, though it Is still tho paramount theme. Mr. Lamboll.of Louisiana, witli six friends, bolted tho bolters* preliminary meeting yes terday. Louisiana, Colorado, Minnossota, Nevada, New Jersey, aud Oregon were not reprc*cut!*d in the meeting. Iu tho National Committee yesterday, Uie Pennsylvania delegation couiproinise«l by the following resolution: Ibwolved, That the chairman lie instructed to cast tho vote of this delegation for u candi date for President and Vice-President, as oac.li delegate shall direct, and bo lie authorized when two-thirds of tho Convention shall have voiod for a candidate in the name of the united delegation to move to make such nomination uunnimous. Tho Georgia delegation is unanimous for Greeley, with some im-dificntions :uid addi tions to tho Cincinnati plnlform. Tho Ioui8iana delegation 1ms but one straight out nomination man, but he will meat of facts alleged in the complainant’s bill, her remedy in a Court of Law would not be as adequate and complo as in a Court of Equity—it will prevent a multiplicity of suits by quieting the title to a number of lots of land by one final dccreo, and remove a cloud from her title, if tho allegation* in berbill he true. Let tho Judgment of the Court below bo affirmed. R. N. Sly, Vason A Davis,: for plaintiffs in emir. Ilines A Holibs^G. J. Wright, for depen dent — 8. M. McOonnel and 8. Lovinggood v*. Joseph T. Hamilton, litre facias, from Cherokee. McCAY, J. Tho Act of October 13th, 1870, requiring an affidavit of all taxes paid in pending suits on certain contracts, applies as well to pro- W. R. D'jdgeu v* K. J. & R. A Camp, ad ministrators. Awunq*ii, from Milton. MONTGOMERY, J. Where a paro contract is made for the purchase of land, to lw jmid for by instal ment*, and tho pWrehaser enters into po«m*H- sion under tho contract, witli a stipulation that if he should.Tail to pay thu first instal ment when it ta^amo due, then he was to my fifty dollars a* 1 ’rout, (for which bo gave iis nolo nt the time lie went into possession.) but if he |uvid tlid^lmtnbnents promptly, then no rent’ was to be ^luirgod, but bis note was to be considered aS'frr a part of tbo purchase money ; and the vendor died before tbo first payment fell due; whcreiifion bis adminis trators, on tender of ; payment at the time ap pointed, refuse to accept the money as payment on tho coutrnct and afterwards rent file laud at public outcry, to the uurcliaocr, and receive fifty dollars from msi, subject to future ad justment between them, and subsequently received from him. -through their attorney, fifty dollars and fifty cents, also to bo ac counted* for,} and Uio administrator finally conclude not to carry out the parol agree ment of Uieir intestate for the sale of tho bind, bul sell it at admiiiislralor’s sale to tho 8atuo purchaser, mid require full payment of him, without alfewincfmy credit on thopur- chaso money, of "the dLmounts paid lwforc ibe adminislnitor** rofoinbig the whole of it a* not Jor tlm occupflAcy of tho land from the time purchaser went into possession, un der tlie parol contract of solo, until thond- rainistrator’s sale; tho purchaser is entitiod to recover bock the amount of his note given under tho parol contract of sale. The pur chaser having gone into possession un der tbo jwirol agreement, and given his note for fifty dollars, to be treated as part of tlie purchase money upon condition, and lie having complied with the condition re quired, the vendor, <tf hi* roprosentaves, must comply with thu contract or repudiate it en tirely. Aud if they repudiate it entirely, it would bo a fraud upon the purchaser, who went into tho possession under tho parol agreement to buy to hold, 1dm liable for tbo rend of land, which ho might, perhaps, never have consented to occupy, Ixit for the prospect of purchase held out to him. The HitpiHirl Greeley if the Convention nominates him. The Mfridnslppi dehgatkm has resolved to «toincidu with the majorily of the Conven tion, whatever its action may lie. Delaware will vote from first lo lust for a straight Democrat. In calling the con vent iou to order, Air. Bel mont pud: Gentlemen of the Convention: It is again my privib-ge lo welcome the delegatus of the National Democracy, who have met in order to present to the American people the enmli- dntoH for President and Vice President, for whom ttiey solicit the suffrages of the Dem ocratic and Conservative party of this great Republic. At our lost National Convention on tlie 4th July, 1868, l predicted that the election of Gen. Grant would result in the gradual usurpation of all the functions of the gov ernment by the Executive And by Congress to lie enforced by tho bayonets of a military despotism. The vast majority of the people of the Unites I States have witnessed with grief and sorrow tho correctness of that pre diction, and they look forward with fear and apprehension to tlie dangers wbicb arc threat ening us. If by Ibe re-election of Gen- ral Grant tho policy thus far pursued by the Radical pnrtv will fe- continued. The thinking men of both parlies have become alive to Uio fact that wo arc now living under a military despotism, over-riding tin- civil authorities iu many Htatcs of the. Union; that by the enactment of arbitrary and un constitutional laws, through a depraved ma jority in Congnss, the rights of tiiese Htatcs arc infringed aud trampled ujsin; and that Cacsarism and centralism are undermining the very foundations of our Federal system, sweeping away tho constitutional bulwarks erected by the wisdom of*the fathers of the Republic. These abuses have become so suit* proceeding on such debts in the ordinary way. Judgment reversed. Lester A Thomson for plaintfgs in error. No appearance for defendant. Y» ARNER.0. J., dissenting. J. M. Montgomery and R. M. Mcroncy, exec utors, vs. J. W. A 8. W. Pruitt, et al. McCAY. J. Itfe not necessary that .the declaration shall affirmatively show a case to be within the exceptions mentioned in tho 14th section this Court fe not prepared to deliver an unon^ of tijo Act of October 13Ui, 1870, to excuse imous judgment, and w administrators, however, are entitiod to re tain Uio amount of tho rent duo under their contract of rent with the plaintiff This not being a suit to enforce a contract, one of tbe parties to which was dead, bat an iudebitatus assumpsit to recover back money Iiaid to tho administrate! . irsou.the contract, on account of their repudiation of it, that con tract not being in issuo or os trial, tbe sur viving party to it was a competent witness in bis own favor in the present suit. 3. Tho jury having found for tho plaintiff thu whole amount sued for, to wit: $1X0 55, not allowing the administrators anything for rent onder their contract of rent for 1865, Uie judgment of tho Court granting a now trial is reversed upon condition tliat the plain tiff will write off all of s*'d verdict but the amount of his note given to the intestate. Judgment reversed. H. P. Bell and Thomas L. Lewis for plain tiff in orror. No appearance for defendants, publican i»arty have severed themselves from Uie Radical wing, which fe trying to fasleu upon Uio country auoUier four year’s reign of corruption and despotism. And what ever individual opinions we may eutertain us to the character of tbe candidate whom they have selected in opposition to Gen. Graut, there can’t lie any doubt of tlio patriotic ‘ pulses which dictated Uieir action, nor auy.fault bo fouud with tho platform of principles upon which they have placed their candidates. The resolutions of tlie Cincinnati Convention are what tho country require, and they must command the hearty supjMirt of every patiot Urroughont the vast extent of land. In the struggle which fe berof this _ ^ spent in tho Democratic Republican party constitutes me a senior inemlier. I remember freshly every Presidential contest from the first Section of Jefferson to the present; and I can say with truth that I remember no more which involved higher questions ot personal liberty, local self-goTcmmcnt, honest administration and Constitutional freedom, than the present, or the one which remains of our parly and our people, a calmer or more earnest resource to Presidential principles. It strikes me ns the duties of this body and of this hour to wrest the government from Uio hands of its present dcfjKUic and corrupt holders and to ploco it in honest hands, to restore to tho citizen everywhere the proud consciousness of per sonal right and to all the States a perfect in tegrlty of local self-government * These wiUi the recognition of tho supremacy of the civil Constitution and the law will, in my judgment, discharge all present duty. srsEcnRS, enthusiasm and dixie. Baltimore, Arn., July 9.—The Speaker’s envoi was made from pieces of live oak from the old frigate Constitution. Reverdy Johnson appeared on the plat form and was cheered. A committee on credentials and organiza- thc unhallowed purposes and shiftless policy of the present government An allusion to the prospective election of Greeley was re ceived with great applause. As to the 15th amendment, ho would bo tho last man to at tempt to wrest from the four millions of froedmen the right of suffrage. [Great ap plause.] Tho nays on ordering tbe previous ques tion upon tho adoption of the report of the Committee on Resolutions is *s follows: Alabama, 10; Arkansas, 2; Delaware, 6 Florida, 2; Georgia, 21; Louisiana, 10; Maryland, 3; Missouri, 4; Nevada, 6; New Jersey. 18; Oregon, 0; Pennsylvania, 21; South Carolina, 11; Texas, 10; Virginia, 23; West Virginia, 2. The nays upon tho adoption of the report BeiinouUs remarks were frequently inter rupted by moderate applause. T icmtution of Grcclev’a name received loud demonstrations of approval The band played Dixie when Randolph took tho seat n» temporary chairman. [Cheers.] Ills *i*cecli was delivered with much energy and effectiveness considering that the speaker is nearly an octogenarian, and was repeat edly cheered. Rev. Henry Vfocr being nre- Hcnt, addressed tlio throne of grace. The rules of the former Democratic Convention were -adopted. A resolution of thanks to Belmont was adopted. Recess till 4 o’clock. THE BEI.K NOMINATKI) ANTI-UUKKLKY DELE OATES. The anti-Greeley Democrats 0880111011*11 lietwcca twelve and one o'clock Uiis evening at tiiu Maryland iustitutc. There were pres ent aliout 100 persons. When Uie 4*011 vcniion was call ill to order by Air. Flanders, it was moved and seconded that Uie preliminary arrangements made yes terday for orgauiizution be temporarily con tinued. Van Allen called for tho rcailing of Uio report aud name* of thu delegates. WHAT THE FARCICAL CONVENTION l'ROIMBBS. Blanton Duncan suggested that Uie com milieu on the subject have further Unto, which was agreed to. W. II.'Murrell, of Louisville, said lie under stood it was not tho object of Uiis Convcn- tion to toko any definite action until it should be ascertained what course lias been token by tho Rnllimoro Convention, on the action of which hinges somewhat what this conven tion will do. This convention will acquiesce in what is done hy the Baltimore Convention, provided it adopt a Democratic platform and nnminato Democratic candidates. If that convention should fail to do so, Uiis conven tion proposes to toko some steps for the pur- >090 of continuing the organization of the democratic party. For Uie purpose of furthering tills object, tlie speaker moved Uie appointment of a committeoof seven to prepare an address to the Democracy of Uie country. Van Allen understanding Uie motion did not include the making of a platform, seconded tho motion; Umt tho creed of tbe Democratic party'Was well known and esi»o- cially to those who arc hero assembled. Blokes, off Houlh Carolina, spoke in favor of initiating n movement which would tiring together the pure Democracy of the couiitiy, miu preserve its oigunizaliou. Peter Key user, of Indiana, earnestly advo cated the necessity of keeping thoIXmocmtic party together. Alurrell’s motion was agreed to, and *lie Chair apis tinted as the committee to prepare a Democratic Address: Murrell, of Ky., elminiinn ; Ham J. Rayford, of N. J.; M. M. Pomeroy, of N. Y.; Geo. D. Parker, of Va., Jose|>li J. Davis, of W. Va.; Joseph Ledlic, of 111.; E. Keyesur, of Texas On motion of Francis Konkins, a commit tee of seven was appointed ou |>cnuuuent rganization. Baltimore, Md., July 10.—Tho delegates generally were in their scat* by 10 o’clock. A second band, located in Uio uppper gal lery, entertained the audience with various airs, of which Dlxto, My Maryland and Yankee Dooillc, were equally applauded. At a quarter to ten o’clock Chairman Doo little announced that the hour to which they adjourned had arrived and called tlie Con vention to order, and called upon Rev. I)r. Hey bum, of Baltimore, who addressed Uie Throne of Grace. The chair announced for the convenience of nienilicrs of the convention and press that every person rising to make a motion or speech shall annmitico his name and State. Cabell, of Arkansas, a«ked seats by courte sy for live delegates from Arkansas in excess of their regular numlier. Agreed to. Burr, of Connecticut, announced that the Committee on Resolutions was rc-adv to report, and the Clerk rend Uie rep *rt, recommending the adoption of the resolutions already adopted hy the Liberal Republican Conven tion at Cincinnati. [Cheers ] In order that there slinutd tie'no nifeapnrehension as to these rewilutious Burr called for their reading in full to Uie convention, which was done, each p!ank in Uie platform ticing received wiUi an applause, 'lliu onc-tcrm plank was esfieciaily well received. A call for tiireu cheers at the close elicited a partial response. Burr uxplaine<l that the resolutions were tho Cincinnati plat form exactly, nothing addcil, nothing ex cluded. This platform was adopt'd on cotn- mittee by all the Suites except Delaware, Delaware. 0: Floriife, 2; Georgia, 19; Mississippi, 9; Alissouri, 2; New Jersey, 9; Oregon, 6; Pennsylvania, 7; West Virgina, 2. Result of the ballot—Greeley, 6S6; Bny- anl, 15; Black, 21; Groesbcck, 2. All for Greeley except Bayard and Dt!a ware, 6; Now Jersey, 9. Groesbeck, West Virginia, 2. • Black, Pennsylvania, 21. Pennaylvan’a voted 2 blanks. Judge Reagan, of Texas, followed. Uc said it wa9 supposed among hfe people that the Democratic party could uot succoeil at tills election with a distinct Democrat, therefore they had come hero to unite with their brethren from the whole country in effecting such an arrangement as will unite Uie Demo crats with the honest opponents of the ad ministration. It waa wisdom, therefore, to take the Cincinnati platform. Why refuse to accept the situation anil make the best of it Barksdale, of Mississippi, asked if it was admiasablc to hike a separate vote on each resolution. The Chntr announced that it was not, as the previous question hod tx-cn ordered. Barksdale—-I ask tiien Uie unanimous sent of thu Convention to"the division of tho ▼ota [Cries of no, no.] McRae, of Tennessi^*, made several frantic efforts to obbiin the floor, aud was finally recognizal by the chaii^and proconhal wiUi excited protests against Uu: cutting off of de bate. [Cries of sit down ; call roil, call roll.] Thu nil! of the States waa called 011 the main 4|UC8lion of tho adoption of tlie platform which resulted: Yeas, 662; nays, 70. When Delaware voted no, there were leud hisses. Tho Chair appealed to Uio Convi-ntion to treat with respect the vot© of any amlScvciy State. A delegate said tho disturbance was in the galleries. Before tbe vote was announced, permission was asked hy Uie chairman of the Afetiama delegation to make an explanation of Uiu change which he desired to make in tho re cord of Alabama’s vote. Objection being made, Uie Chair ruled that while Alabama had a right to change the vote he could not explain it. Bubsc*qucntly, unanimous consent being ac corded, Shorter, of Alabama, took two minutes to explain that there were in tho pending resolutions somo statements rather Ilian declarations of principles, which 9omc of life delegation could not indorno without explanation -without stultification. Having said tills ho changed Alabama's vote from 12 ayes and 8 nays to 20 ayes. [Cheers.] Hoffman, of New York, presented a pe tition of 15,000 Germans of Uio city of New York relative to tho nomination Mississippi am! Oregon. He mo>uxl theadop- 1 and uioyod Ufejircvious tion of tho rejHiri question. Bayard, of Delaware, inquired whether tho t irevioas question — another name for Uie gag aw—hail become a law of the Democratic Convention without notice to the delegatus. The Chair said the Con vuutiun hail adopted Uie ruluH of thu House of Itepresuntatlves, so that the motion of Burr was in order and not 0|mn to debate. Various geotiutnen «api>ealod for a with- canditato for President, which was sent to the desk, where it was read by Uie Secretary. It recommends Uio nomi nation of Greeley and Brown, and expresses tho belief that they will have a hearty sup port of Germans regardless of past party affiliations us the beet nomination that can lie made. [Cheers.] Ray, 4if Indiana, offered a resolution to nroceod to vote by BUitcs for candidates for President and Vico President. Cox, of New York, offered an lunmHlnient iroviding that, on Uio calling ot each Btnto tschairmnu shall state how Uie delegation votes, and tiis statement alone bo taken. Tho amendment was accepted by the mover and the latter adopted viva vuca Bnowhook.of Illinois, presented Uio name of Horace Gnsdcy as a Democratic candi date for President. [Cheers.] The roll was called on U»o Presidential nomination, and cacti vote for Greeley was received with cheers. Tho ballot resulted a* follows: Greeky, W; James A. Bayard, 15; J. b. Black, 21; Gr»**sbeck,2. Washington, D. C., July 10.—The derrick gave wav in the new State House, killing three and hurting five. Alluding to a caricature in Harper’s Weekly underlined when the rebellion of traitors are overwhelmed in the field and scattered like leaves before an nmry wind,etc., the Tribune says wc deem it only mv**ss»\ry to say that not a word of this pretended ex tract is found in the Tribune, vi that elate, and no such words were ever written by Air. Greeley. We leave tho public to judge of the moral quality of the act committed by iheAIessrs. Utuptv. Baltimore, Md., July 10.—The Bolters Convention adopted an address to the American people, and aftor issuing a call for tho National Democratic Convention to inlet in Louisvilio September 3d, adjourned vine die. Tho officers of the convention were: President—Samuel J. Bayard, of New Jersey. Vice-Presidents—E. J. 8tok«*s,of South Caro lina, James Sweeny, of Pennsylvania, Ezra Kcysor, of Texas, and Jessie Miller, of West Virginia. Sccretarys—.Tames Sherwood, of Connecticut, and S. J. Clute, of New York. When Hofftnan roe© to cast the vote of New York her delegation was greeted with throe cheers. Order being restored, Hoff man disputed Missouri’s promise to give Greeley tho largest majority of any State in the Union, and said New York’s majority would be larger Umn Missouri's total vote. He also expressed his regret at tlio division of the vote here. lie kuew tiioso who did not vote for Horace Greeley were acting con scientiously. hut ho desired to appeal to them. New York is a Democratic HUito. It h&d more than four hundred thousand Demo cratic voters, and when these were ready to sacrifice personal preferences and prejudicial on the altar of the country. Uc hojicd their brethren elsewhere would do tho same. we, therefore, express the film* of the affidavit, required by tlie 2d no opinioo in relation to that question. In section of the act. It .is sufficient, if the our judgment the Court erred in admitting in facte be made to appear to the Court by evidence the paper signod by tlie Ordinary, proof, purporting to grant leave to sell tne land. Judgment reversed. brought into Court by the defendant, which Cobb, Irwin <& Cobb, repruee ifed by the bad never been recorded, or entered on the Reporter, for plaintiff* in error, minutes of the court, and without evidence, G. McMillan, for defomUnta. that such an order for the safe of the land had been granted by thu Court of Ordinary John D. Field and Davkl NichoK for u*o of at a regular term of the Court. This admin- John D. Field, vs. M. C. Martin, adtninfe- fetrators sale, aa well as other proceedings in trainr. Complaint, from Lumpkin. relation thereto, took place prior to the adof>* MoCAY. J. tioa of the Code, and must be controlled by Where F. and N. purchase! fend jointly j &n J Territory of U»e Union it is, ntday, the the then existing few. The 7th section of from AL, giving Uieir note* f«»r tbe purchase mxr pte.l s;--ciflc for nen ona defei :v, dys- the Act of lfc53 declami that no order for the j money and taking bfe bond for titles, and F * fever and ngne. rUenniatisffT, and nli Elements and enrich it are evolved, and that fluid be comes then watery and incapable of remov ing the solids of the body as fast as they decay. The consequences are general, or perhaps a rapid, _ powers of life. It fe in cases like this that j must be shown by its records; that fe tbe tbe restorative properties of Hcstetter's Bit-1 highest and best evidence of its action in re ins arc most conspicuous. The first two or I lalkm to tbe subject matter confided to its three doses sometimes produce a change in) jurisdietkm. It is not pretended that the tbe feelings and aspect of tbe invalid that is! records of the Court of Ordinary of Brooks perfectly astonishing, and by a persevering | county have been lost or destroyed, and there use of this superlative vegetable tonic and [is nothing upon tbe reconfe of that Court Founded on a Rock !—Tho disappointed adventurers who havo from time,to time at tempted to run their worthless potions against Drake’s Plantation Bitten, vow that they cannot understand what .foundation there fe for its amazing popularity. Tho ex planation fe simple enough. The reputation of Uie worid-nmownod tonic fe fdGurfed upon a ruck, the rock of experience. All its ingre dients are pure and wlioieaome. How, then, cwuM tricksters aud cheats expect t» rival it with compounds of cheap drug* and refuse liquor, or with liquorlo* trash in a state of wtkvus fermentation? Of course tbe char latans have come to grief. Their liule game has failed. Their contempt f«»r tbe sagacity of the iximmunitr hsa ?*ecn fitly pmnshnl. MuanwhiU* Plantation Bitters scdiii to be in a fair way of eventually KiipenuxBag every other medicinal preparation includi-tl in tlie cl as* to which ; t belong*. In every Htato rugglo which fe before must look to principles and not men and I trust Uiat no personal productions will deter us from doing our duty to tho American people. General Graut has boon a good snd faithful soldier. During our civil war hfe stubborn and indomitable courage helped to crown the onion arms with victory, and tho American people havo rewarded hfe services with tho m«wt unbounded generosty. Iam willing to concede tliat life intentions on taking the Presidential chair were good and patriotic, but he has most signally and sadly failed in thu high discharge of tho high trust im posed upon him by the confidence of a grate ful people; he bat this moment the very personification of the misrule which is op pressing us, and hfe re-election b fraught with fare of the flcpublio, and endangers the lib erties of our people. On the other hand Air. Greeley has been, heretofore, a bitter op ponent of tho Democratic party, and the violent attacks against myself individually, which have, from time to time, appeared m his journal, certainly do not enutio him to any sympathy at my hands, but Mr. Greeley represents the National and Constitutional principles of the Cincinnati platform, and by life admirable and manly letter of acceptance, he has shown that ho is fully alive to their spirit, and that, if elected, be means to carry them out honestly and faithfully. Should you, therefore, in your wisdom, de cide to pronounce in favor of the Cincinnati candidates, I shall, for one, most cheerfully bury all past differences, vote and labor for drawn! of the motion, in onfcr to allow a short debate. Burr said ho felt compelled to decline. [S4xm<*8 of great confusion, calls of question, and ikbalcs on Uie motion to sustain the previous question.] The call of Htatcs was ordered, and being taken resulted: Yeas, 553; nays, 176. Hoffman, on casting the united vote of New York in Uie affirma tive, said some of the delegates and himself among the number, being opposed to the previou* question. Uauck, of Ohio, denied tho right of hfe delegation to cast Uio vote an a unit, and asked to have hfe vote recorded no. The Chair announced that Burr, of Con necticut, was now cutillcd to one hour to de bate tho resolution. Bayard, of Del., ap palled for ten minutes. Burr conceded this request, as Bayard is a member of the Committee on Resolutions. Bayard took the platform, while there was no dispo sition to carp at and oppose Uie men because of formed political .opinions, be horaxl the f ;reat Democratic organization would be sl owed to have independent expression of its own honest sentiments. [Cheers.] Why take the cut and dried resolutions of another organization? [Applause.] Why have the opinions of other men not chosen by us forced down our throats as our expression. It fe proposed here that wo shall go before the country for the fust time without our own independent expression of principles. It fe not just or wise to ask us logo into the campaign under the clothing of a minority. [Calls of time, time.] Tl.. n.xii Uieir diction with the same zeal and energy with which I havo supported heretofore, and mean over to support, the candidates of the Democratic party. The American people look with deep uolicitudo to your delibera tions. It fe for you lo devise means hy which to free Uicm from the evils under which they are suffering. Hut in order to obtain that end you are called upon to make every sacri fice and party preference. However much you might ilcsirc to fight the coming battle for our rights and liberties under one of the The Chair announced that Burr, out of re spect for the minority, had consented to give Bayard ten minuti’s more. Another Connecticut delegate object'd to any man occupying the time of the Conven tion in this way. [Applause and hisses.] The Chair caltel to order and reminded the delegates that this was a deliberative assemblage and urged respectful hearing of any ono who occupied the floor, whether they approved his sentiments or not Mr. Bayard finally resumed, arguing tiic necessity for some expression of opinion upon Uie question of tbe exercise of Federal military power, under color of legislation, to Tho Conacn^Uvce havo grand mass meetings at Weldon on tho I2th aSd at Raleigh WtS .... *“ v nuu ra* iMicuru I HI UM lGtli. Carl Schurz, Trumbull, Frank Blair bbcrmsn and other diatiogatabed «p<»ken czprxjtcd. Tho moat extoulro prepara tions havo been m&do and a large piiherixu? or pcoplo from all portions of tho dtato are looked for at Doth of theaa points, nearly every county Is being thoroughly canvaaed, and in somo of them tho candi dates arc making two — —r r> speeches per nay. Tho election take* place August first, and It is thought tho last week of the tlio canraaa moat “Cttlng over wllncstedln the stato. CtscnraaTi, Onto, July 0.—Throo men charged with outraging and murdering Bello Becor, to Mercer county, were taken from tho jail by threo thousand people. Their falo Ls unknown. It is doubtless they were hanged Sr. Louis, July 9.—The United Stales Marshal has brought several men from Reynolds county, including tho SUetiir, charged with floniag a preacher. Waiving an examination they were bailed. Saw Fbawcisoo, Cal, July 9.-Tbe In- dians who raado tho treaty with Howard a month ago have left their reservation fur the wire path. Many depredations are reported. Lrmjs Kocx. July 9.—Tho excitement hero with regard to th« counterfeit bonds is still on the increase. Spurious Imnds to the amount of 48,000 dollars havo been found in tho unico of tho Stato Treasurer. An ex amination into the affair has liven going oo to-day with closed doors. Baltimob*. Md., July 10 —At a mrrtlng of tho National Democratic Executive Com mittee this afternoon, all tho mom tiers being present except from tbo States of Delaware and Florida, Hon. Augustus Schell, of New iork, was elected permanent Chairman ; ami Uon. F. O. Prince, of Massachusetts, Secre tary and Treasurer. The following gentlemen were elected members of the Natiojal KxocuUro Com mittee: Thus J. Randolph, New Jersey; S?™ 8 5l -Illinois; Wm. A. Moore, Michigan; Isaac Eaton, F. O. I-rinco. Massacbnsettts; Jno. G. Thompson. Ohio- Jas.P. Barr, Pennsylvania; W. IL Bsmum. The Chairman of tho National Executive Committee was made a member of the Com- tuiltee, ex-olllcin. Tlte following gentlemen compose tho resi lient Democratic Committee at Washington - Samuel J. Randall, of Pennsylvania, A. A* Oarconui, Washington, D. C., Alex. O. Thur man, of Ohio, Jaa. Brooks, of Now York, Montgomery Blair, of Maryland. New Yoke, July 101—Ou tlio anntamre. moot of the nomination of Orecley and Brown, three field pironi final one hun dred guns in the City Hall Park. Flags were hoisted, on Um City llall, and a ban ner waa suspended between two large bees , in the City llall Par*, with tho inscription tliat Tammany responds to the nomination of the National Cvavention of Baltimore. Boston, Mass., July 9.—A Isusps-t was given Uie Irish band at Funnel llall liy Irish citizens. London, Eno., July 9.—Tho loomeynicu I Holders have resumed work, and it u ex- pcvloil Um oUicr trades will soon follow. The House of Lords have alwndomd all Uie amendments to tlie Ballot Bill except one tn which it is Uronght Uie IIooso ot Com mons will ooncur. VKirs.Mij.zs, Pabis, July 9.—In Uio As senibly (lorillanl. Minister of Financr, mils inittol a trill to raise a loan of three millisnls franc*, at 5 per cent toterest. and also giving Uie government |wwcr pi niso further loana if neccreary. Rioiimowd, July 10.—Tho action or Um Baltimore Convention in nominating (Ins-ley and Brown is received hero with tliogreateat Satisfaction; guns wore fired during Urn after noon, and to-night an impromptu meetiag wm S hcld hetc; there was also en—Uerahlu dis- -y of firo-works. Friday night Umre will a general ratification tnccUng. Nkw OitijtANn, July 1ft—A salute was Ural in honor of Onadcy and Browti’a tioin- tnatinn. A ratification mecUng waa ln-ld in iFayeUo square to-night. Rai.kioii, N. C., July 10.—Tlu-ro 1* great rejoicing hero wiUi the Conservative* and Democrats over tho nomination of Ur..-Icy aud Brown. The evening ralilion of Uio Dally hewa ati- penrs with Uio ticket at ita mast head. Puir.AiiKi.rniA, 1‘a., July 10.—Tho Ace mya. In reference to Um tmminaliou of Orer- loy, Uiat it ia a general uprising against ofll- eial corruprion. Tlio popu ar voice has liailnl Horace Greeley aa an lionoat man—the noblest work of Uod—who Is hi restore Uio bi-tter days of Uie republic, wlion patriotism and puldic spirit, not Mlflslmoss ami gnadl- ucss, were the common allritiuUn iff American Presidents. This la Uie ex- M-ctation that llfirac* Greeky must fulfill, f lie:prove i-qual p> Ida great opportunity, it is not l,y mistrust, but by generous confi dence that he may lie strengthened for liia work, Uint confidents, tho Democratic iiarty has siOMil.al lo him, an.1 by no word of <aira would we now abate iu We do not know him save l.y Ids record. That is pnro in tho cause of re form and an honest mliiiinistiu- tion. His name will suit well with those of Buck:.lew, Thompson snd Hartley. Nnwnmm, N. Y., July lo.-The 1). m- emts Imre are firing hundreds of guns in Imnor of the iiotuiuniion of OtWky and Brow Nkw Yotth-. July Iff—BcdiicU’s yacht Dar.io'cis arrived, iu thirty-three .lays, from Cowes. -r. < Tho grand jury havo indicted Robert L. inwford, Wtid.-rlMlt’s lirothcr in-law, for assault with inPrnt to MIL A i.tun v, N. Y., July 111.—Tweed's Uial eernmenecd In the Supreme Court to-day. The defendant's counsel are David DiMiley Field, Stoughton, Fullerton, Lturritt, Rey nolds, UurUc.tl.Juo. Graham,and lbs it For Uie prosecution arc O'Connor, Titdcn and Pedthaan. A motion was madu liy the defense that thu Court ruler judgment for a nominal sum, under which the case bu taken to the Court of Apixads. O'Connor npposnl Uiis motion, believing it his duty hi pn«s Uie case without listening 1 the right Pi Ik heard, whereupon Uie C>mrt decided to hear argu ments in Uiu Tweed and Connolly esan tie gether, and Btonghpiu made the (gaming speech for thu defonse. SAttATOCA, N. Y., July 10.—Belting mt the start was 9900on Longfellow; JiWI.m Has- dtt Baasitt won by alcng.h—tiumU9. Tbe ntleudaneo waa large. Find men—Governor Bowie. Catesliy, 1; Morris' coll, liy EcIIisk, 2; ElcctroS—timel:17j. Third race—Buck- den, Dcad-Henil, Jury, 3; Piedmont 4—time 3:43}. will tincome your duty to discard oration uf party tradition. If the selection of a wise mail outside of our own rank offers better chances of success, yon must remember that you are here not only aa Democrats, but as citizens ot our common country, and Uiat no sacrifice can be Phi great which she de mands at your hands. re emaciation, sale of real estate shall be granted except at j paid the whole uf the purchase money, ami t invotvini s .Icfienviey of vim! ]«>**». spirits, and a a regular term of the Court of Ordinary. The | N. having died, F. demanded the tith-stn 1*- i » ■ * decline of all 1 action and proceedings of aC-xirt of iteo-o-d msd.. to himself, and.heoogtit- suit .m the! . Dacsv'a Erracixo Finucr will eC--( r mat bond in the names of F. ami N. for K.’s use: i the (reih '(ist are brushed daily »Yp,0 Icr- HafiWrJrhat-as thu purcliasu was joint and : S-.zidont, it lecds a il-ira! f-,^rr,iin-e Mr. Beiuiont, after some personal remarks, ldolph, ol U.--I in WU9 nujittMtivt. n'utt. ouu.is twratii«m «pv»» .ev nils* vvuii alterative, tbs vital drain ia sure to be arrest- j which shows that an order for the sale of ed, the strength reinstated, the flesh restored,] the land in controversy wss ever granted by the constitution reinforced, snd the brain re-1 that Coon, which was an indispensable pre- tieved of the ctood that obscured it. i requisite to divest the heirs of their UUe to The first two or | lation to the subject matter confided to its the land joinf, it waa no breach of the bond} lo'itm breath aa wrli a* protects U.e’-.eetli ’ ‘ . 1. ,. — ’- - — ■—-*-■ ‘ -* - to refuse to maifC-titlea to F. alone. ' from corr.ftiQn and Oerum|i.iaili!)a..' ;*T- llau>, PDSTniR. That Ute «nit could noli julylfi-.leo.itw.kwiin ■ Ik maintmned' in Urn oameof F. at,d N. for j 7-■■ the use of F-, N. h«ng dead. j IWt bavk. hawk. spit, ipit, M-Ss, blow, Judgment nfiirmod. ] and -i"(:(id - v- rytwly wi*fl >onr CaJAr-b nml R. A. Quillian, Wier Boyd, for pkimtiils! its ofii-nsivu .sho-. wlien Dr. Bigw; tf.tarrh in error. ! Remedy will A[k-,di!y d.*troy aliiLjjWrest H. P. Bell, for defendant. I tbe eli^b-arge aud cure yon. y? ‘ mHitinatol Thomas Jefferson Randolph Virginia, saying: “It is all ansoicinm omen that a son of thr antbornf the Declaration of Independence is to inaugurate the slruf^ki of the D-moeracy for freudian and equality for every American citizen, and against oppmrsion and tyranny in our laud.” KaudolpU was elected by acclamation, nc said, ‘I am aware that the vrry great honor .a>nferr.al nj-ou no- liy this IhhIv, is dm- to nu I cr S'ti-al merit uf my o*.vu, l.utisa token of re stKct to the Stale from which 1 come,and isa recognition of other circumstances possibly enforce the 14th and 15th constitutional amendments. If the convention failed in this there would be serious disap .ointments. In conclusion, ho entered ris protest against the pending motirm to adopt the report as a whole, and asked a separate vote on the several dis- tinct proposition? pending. O’Conner, of South Carolina, regretted that there should have been any difference of opinion lien; sll other issues should be merged in the single one of defeating the re- election of the present national administra tion. He said tbe reconstruction acts and the 13th, 14th aud 15th constitutional amend ments had been accepted. Public opinion wan higher than governments and superior to any doclarstions by conventions. [Applause] There was nothing left as an issue now but to save the nation from destruction by cor ruption. He i evicwed and criticised the foreign There were great cheers after the chair had announced Uie result of the ballot. Wallace, of Peonsylrania, then took the platform, and waa received witli cheers. He said in okedienco to tho decision of public sentiment in his Bute their delegation had cast a part of their rote against the gentle man. by usages and customs of Uio Demo- cralic party, who is now its nominee for the Presidency,and he would yield to this decision and accept tho result which tbe great high court of appeal ot tho party had decreed. In conclusion, by instrnctions of bis delegation, ho moTod that tho nomination bo made unanimous. [Loud dicers.] Music—Battle Cry of Freedom, followed by Hail to the Chief. When tho music ceased a scene was low ered at the rear of the stage, presenting a view of Uio White House. [Applause.] Order being restored the moUon of Wal lace. that Uio ;nominsti<m bo made unanim ous, was put and carried with one or two dissents only. Roll call on nomination for Vice-Presi dent—B. Qretz Brown, of Missouri, received 713 votes. On motion of Chalmers, of Mississippi, the nomination was made unanimous. Uauck, of Wisconsin, moved a resolution appointing a committeo of ono from each State to be named by the respecUvo delega tions to apprise the candidates of their nom- inaUons. Payne, of Ohio, moved to amend by add ing the President of the Convention to be chairman. Agreed to. On moUon of Heaton, of Ohio, a resolu tion was adopted that on adjournment the Convention would, with music, escort the New York and Missouri delegations to their quartets. A resolution was adopted leaving the place of next National Convention to be decided by the National Committee. Alao, a resolution of thanks to Jno. T. Ford, to Frederick Itainc, and to Baltimore for courtesies. Also, thanks to Mr. Doolittle for the able snd Impartial manner in which ho has pre sided over the Convention. Thayer, ot New York, made a few re- marks eulogistic of Greeley. Tho Chairman returned Ida thanks for kind expression towards him, anil invoked tho blessings of Erovidenco upon the olTurts of the Convention. 'Brown wis nominated by a vote of 713; Stevenson,of Kentucky, 8. The blanks were. Flori(la,2; New Jcraey,9; West Virginia, 2. Delaware voted for Stevenson. The Female suffragists were disappointed. They-floelare their intention to work for the Philadelphia nominees. Angnstus Schell was elected Chairman of the National Executive Committee. Wn.MiKoroN, N. C., July 10.—Tho nomi- Havana. Cuua, via Fiji.. July 18. Count Valmaseda eudiariccd for Sp.in to-day. An imiiuuisc concourse of citizens assembled nt Uie Captain Gcnunl's Palace and U|H>n Uie quays to bid him farewell, no ia accompa nied by Colonel Ortis and his iieraonal staff. Thu newspaper. La Kspona, lias suspended publication. Don Juarez Vigil boa been appointed Po litical Secretary of the Island. Tbe Spanish iron-clad, Nutnnnicin, will for Spaia. shortly moil for New Ynfk.cnroule fur bi~..u. The expedition which left here sometime ago to search for hidden treasures near Saguna do Corter in Vuelta Abojo District, have returned tmsuccessfuL General Lore, commander of Fort Cubana and Moro Castle, will shortly return toSnain. Fort Monarea, at Nuuvitas, was struc k by lightning on Uie night of Uio 10th. The powder magazine exploded, and seven ar tillerists killed. Ono rillod cannon wiucar- ried a distance of fifty yards from tho cm- n iMunvivn. ii. v., tw.—luo uumi- nation of Greeley and Brown at the BalU- roore Convention gives universal satisfaction among tbe Conservatives and Democrata here. The State canvass is progressing amid un usual excitement. Both parties are making tremendous efforts. Secretaries Bonlwefl The Cuban civil government has granted Coolies Uio right to return to China, after complying with certain prescribed conditions. The Diaro, commcnUng on Uie soizuru of the steamer Pioneer, says tho vessel is s pirate and not a privateer, and the comman.h-r of Moccasin decided her status. When ho captured her be carried her into Newport. Had she been a privateer he would not have taken her, because a privateer is a vessel of war, belonging to a nation recognized aa a belligerent Saratoga, N. Y, July 18.—Tbo start for Uie cup took place at the head of tho stretch Mr the Brat quarter. Harry Bassett leading Longfellow one length as they commenced the- two miles. Defender being four lengths behind and never afterwards in Uio race. Longfellow, from tbe quarter turn to tho finish, ran lapped on Bassett, bat only reach ed Bassett's bead on commencing tlio last mile, finally being beaten out but one length, after running one of thogamest races known, and in a remarkably short time. It ia said Lonfellow was badly cut in Uie leg from one of his plates turning. Gainmii, Texas, July 10.—Tbo first bale of new coUop was sold to Richards & Hawkins for 83 cents in gold. Washington, D. CL, Jnly 1C.—Tlie lost devcloperaent in tbo case alleged against tho Cuban privateer, Pioneer, is Uiat the United Statoa Marshal, at Newport claims her under a libel and has written a letter to this effect to the Treasury Department. Tlie Depart ments of Treasury, Interior and Stato arc considering the subject. The mixed commission on tho British- American claims will meet at Newport, lthole Island, September 11th. Four hun dred and seventy-eight British and nineteen. American cases have liom filed. Tlie Secre tary of the commission. Thomas 3. Cox. waa formerly attached lo the deportment ot the State. . Paris. France, July 18.—OambettA, in a speech at Lafcto Louis Jonarre. yw-t. rday, !prxjsed the Republic as} tin- enib-xlimenl of the principles of self-government and prna- pcrity./*,He denounced the Conservative jNirty, **^9pllmealeJ ^President Thiers, and policy of thu Administration, and urged and Delano make two speeches each for a union of the whole nation to defeat the Republicans within the next two weeks. being a greats u-mur,.!, Eso., July 17.—Geneva advices ,hy that, although the Court set with closed doors, there is reason to know that the timo was occupied with the consideration ot tbe basis on which the deliberations of the Board are to be conducted. INDISTINCT PRINT f