The Weekly constitution. (Atlanta, Ga.) 1868-1878, March 04, 1873, Image 1

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Newspaper Page TexttF A bill his been Introduced in the New J eney Senate, siring colored people the right to go to schools, theatres, place of amuie- met, and hotels, or on steamboat!. tar Mu. Mai Ue Heady Morgan, widow of the celebrated Confederate General John JL Morgan, was recently married to Judge Wllllim H. Williamson, of Lebanon. Tenn. tM"Thi», one of the rerereit winter* knows for many yean in America, U re ported as quite mild in Europe, and It is even ■aid that in the sooth of France the trees are In fall blossom. ' OTTbe eulUration of oranges in Cali* forala is extending. Hitherto (hey bare mainly come from Eos Angelos, now they come in liberally from sercral other counties, snd sre prodaeed even north of thirty-nine decreet without difficulty^ nr The fact that 105 member* of Con gress think that probable cause exists for im- peachlng Colfax, tbowa that his many explan ations are not believed as generally as the Smiler might desire. (Suppose Andrew John, son bad been gnilty of half that has been proved against Colfax, would there have been say difficulty in impeaching him? ft fan been decided at the PnstofflceDc- ... .prrtmcnt, that after a letter leaves the ma3- teg office it passes front the control of the ' writer, and must be delivered to the person tsddrrtseJ. Should, however, that party not • he found, tbs letter will be retained to the - lender,either through the Dead-Letter Office -dr in accordance with the rttnm request, if therein rach on the envelope. This ruling applies as well to “registered” sa to ordinary Enrapeaw Republics. Europe has now five Republics. The three leading once are Switzerland, France and . Spain. Then there is Ban Marino, in Italy, a little Hcpnbtic of less than 10,000 Inhabi tants, and yet one of the moat ancient Slabs lo the world. The fifth U Andorra, on tt« smthern slope of the Pyrenees, of even a smaller population, bat dating its existence from theeariy centuries of the Cbriitlan era. And now Portugal gives signs of presently swinging into line; But the quest loo is. will theee Republics ‘'stlcl^ laV-Pnif. Tyndall in his farewell addreta at the Delmonico banquet, aaanred ambitions yoong aclcn (jits that if they would gain dis tinction they most sacrifice themselves to their piofeesfcm—must "be content to live low and lie bard in order to achieve the ob ject of their lives.” Of this the Pittsburg leader ssrs: “We don’t know whetheroor young scientists are willing to follow this advice, but-we do know that our young and . old politicians bsvo tried this recipe (oryeaia "\od found It good. They, as a class, we think, can 'lire lower and lie harder’ than al- mc*t any other, and they have found this sort of thing of tho greatest service In achieving the object of their Uvea.*" II«me*na«fte naaic. Dalton, np in North Georgia, cosily nestling in picturesque hills, has a charming young Iaily, unusually gifted in music, who is a com; user of merit, though not out of her We have before us a lively, dashing, in strumental piece for the piano, bearing the impsimalkm of the best musical publishing boose, North. The piece is called “ Blade O’ Grass Galop," and the fair and promising yonng composer is Misa Gertrude Manley, of Dalton. We also have an elaborate piece from the publishing house of Wot. A. Pond & Co., 547 Broadway. It is called “Wicked 81xteen.” The words ore by Miss Bailie A. Brock, adapted by our townswoman Mrs. Maria Jonrdao Westmoreland, author of Heart Hungry and Clifford Troop. jndco David Irwin Favors an In vestigation •( the Bond Hatter. We B ivc elsewhere a characteristic letter from that bonoreJ citizen of Georgia, Judge David Irwin, on the bond matter. He oonenrs with Tits l oasTmmoic that the subject is one of vast importance, not to he hastily determined, but to be fnliy inves tigated, distressed sod understood, and care- folly decided. , , , While it is admitted that the lands ara.tl- legal, yet there may be equities that Georgia cannot In honor ignore, and to ignore which may leave a stain on her honor. Judge Irwin reproaenu a clou of men in Georgia that ctmstitnte its most solid and influential element. This class will be found to bo largely occupying his position on the baud question. Deliberate and careful upon all public matters they appreciate the necea- sity of Impartially investigating and jnstly deciding claims against our great State. To either accept or nject without investi gation would be cqnally unwise. The former would beunjnst to ourselves, the latter to oor claimants. The report of tho bond committee did not settle tho matters sought by the hrrattgathm of the bond settlement. It did settle tho illegality of the hands declared fraudulent, and the validity of the good oner. It did not settle the equities connected with the void bonds, and it necessarily could net. While the validity of the bonds was unset tled, their equities could not be touched. The recognition of validity carried all equities with it. But the exLtence of equities could only come np for inquity on the basis of the established inva lidity of the bonds. Parties contending for tbs integrity of their whole bonds could not and would not submit tho half case involved in the simple matter of equities, for fear of endangering the verdict on the bonds them- selves. And the State, while fighting the legality of certain securities, which her vio lated laws demanded to be condemned,could not complicate that bane with another re- quest upon the settlement of the first. The matter of legality has been settled. The question of equities now comes np, snd shonU be as closely sifted. Those who would bar an Investigation reck little of what is duals the honor of a great and sovereign commonwealth. The same public virtue and Intelligence that could bo trusted to decide the great question of the lc j,e”^y of the bonds car be as aafdy busted to Investigate and deride the mailer, but hardly less important question of their equities. And when men talk of closing the investigation and shotting down iaqoiry for fear that a wrong verdict will he corruptly obtained, they insult the people of Georgia, and present the very strongestof all pleas for poshing the investigation to see who are so weak that they can't be trusted to look into and pass upon matters involving ths honor and interest of the State. It will indeed be a lamentable condition of things when the public virtue gets so low that it caauot be trusted Is discuss and de cide a*? public question, and wh-n the only safeguard against public folly or cor ruption will be the c tnslitnttonal prohibition prevents consideration of a subject We should, indeed, despair of the Slate if its people had thus degenerated. What would have been the res ill if Geor gia had declared the fraudulent bunds of Bollock illegal without an inquiry, and - fair hearing to ail claimants? Let her not now commit the error of re jecting the equities of those bonds without investigation and a fair showing to those claiming to be innocent holders. We were for investigation then. We arc for it now. Wc doubled the ability of the world’s gold to bribe a db honest dcritic We have the same fsitb in Georgia honesty now. We believe that Clew's money would fall to obtain the recognition of a single vend bond then. We believe that the combined capitalists of the world will equally fail to get the recognition of a solitary improper equity now. The State's honor is dearer.than money. Her virtue is above money. Ocsrxlab Call an r Senator. General Gordon, Georgia's new Senator, deservedly admired by the people of that great State for his tine manly character. His real Integrity, modesty, ability and natural nobleness of tool are spoken of by all parties In Georgia with enthusiasm. In these degen erate days, when the party miscalled Repub lican hu brought the once honored Senate of the United States down toitsprescntlament- able condition, and filled the places of .the statesmen of other days with a mob of in triguing and corrupt men of fonrtbrale ability and ninety-ninth rate morality, the morality, the election of a tree man like General Ontdou is a circumstance well caica Isted to revive the waning hopes of the lovers of their cotta try, and reawaken a faith which has seemed to be dead.—Al 7. Seta. HwHnnlsnt In Cangress. Cannot the House, while engaged in ex ploring the depths of its own rottenness, endeavor to keep up some show of decency in iu proceedings ? Or does corruption of morals necessarily breed brutality of mtn- Mr. Farnsworth, in the debate on pnblic buildings, accidentally shook his finger at Mr. Platt, who happen* to be the owner of a Virginia granite quarry. He accompanied the finger shaking with an alluaion to “gran ite and othp rings.” Whereupon Platt jumped np, called Farnsworth a liar, snd ■aid he was ready to be held rcsponaible for bis words. Farnsworth responded by calling Platt “a damned little fool,” and various other choice epithets. It wss thought at one time the difficulty would be settled on the spot by a rough'and tum ble fight, with the rpeaker for referee and the aergeanbat arms as boule-bolder; but the dirty bnsinera wss finally adjusted by a joke from the presiding officer. Much, says the Missouri Republican, used to be said about the quarrelsome nature of the slave-holding aristocrats,” and it was predicted by New England philanthropists that whenever Southern Representatives and Senators were expelled from the national Legislature, a Cbeaterlleldian era would be gin and continue forever. It is a painful, bat not altogether nnsoggestlve fact, that there have been more rows, rquabbles and blackguard Urn of all sorts displayed In Con gress since 1881, than In all previous Con gressional history; and that acenes transpire there every day which would not have-been tolerated twenty yean ago. There jftlgbt be some prospect of reform if the offending parties were promptly punished as they de serve; bat when such vulgar abuse as that indulged in by Farnsworth and flalt is re warded by a joke from the rpcakeris chair, and considered a funny thing by the audi ence, it looks as if the congressional bear garden was a permanent icstitntion. Pos sibly the pcoplo may conclude in some re mote hereafter, that gentlemen can make laws as well as rufflina, snd consequently keep the latter at homo and tend the former to Washington. DECISIONS SITBLUE COURT OF GEORGIA Dtkured at Mlaqta, February 25, 1873.. Elisabeth Cain et al. vs. T. M. Follow ct ah Dismissal of bill, from Sumter. WARNER, C. J. The complainants filed their bill against the defendants, alleging that the defendants are tenants in common with th m, and are in possession of lot number 175 in the 27th dis trict of Sumter county on which a considera ble portion of the town of Americas is loca ted, and prayed for a sale of the premises and for a partition of the proceeds of the sale thereof. The defendants demurred to the complainants bill for want of equity, and also filed a special plea in bar of the com plainants’ right to the relief songht by their bQL The Coart sustained the demurrer and faith, attorn to the purchaser, anil' in 3? "J ffiSiStJi'aSK.’SSS,'' claim of right, hma file claiming the Judgment reversed. H. Fielder, Hoo-i & Eiddoo, for plaintiffs ftorrnptlag the Frets; Some days since The Constitution, in an article nollriog the assertions b> Ur. Henry Clew*’ agents and others, that money bod been used in Georgia to secure a favorable consideration of the bond compromise by the Legislature, stated a rumor to the effect that the Savannah News had been offered five thousand dollars to advocate the settlement. It proposed patting the News upon the stand, ana asked whether the report was correct. The News refuse* to occupy the position of a witness, and questions the authority of its interrogator to act as an examiner. It tarries the inquiry for the present, and thinks l will be time enough to answer “when en- licfatesed as to the true ttalas of the case un der investigation.” Wo still Incline to the belief that If action is ever asked upon this so-called compromise a committee should be appointed to inquire what foundation there is for charges of corruption.—Augusta Chroni cle. same without notice of the said com- plain an fa’ pretended pinim or of any detect in their title, nor do they believe that the said complainants have any legal right to the same or to the mesne profits there of, which plea is certified to under oath. On the hearing in the Court below the truth or the plea waa not disputed, but it is insisted here that as the record shows that one Harri son who purchased only apart interest In the lot of land and afterwards took poaession of tho entire lot and dlvidedit into town lots which were sold by him from time to time to the defendants, who ft is claimed are tenants in common with the complainants, and being so, the alatote did not inn in their favor against the complainants. The defendants claim under Harrison’s deed and the posses sion of the defendants under Harrison’s deed was adverse to the complainants and the statute ran in their favor as against them. Horne etaL vs. Howell, decided at the last term of the Court, not yet reported. It Is al-o insisted that inasmuch as it is alleged in the bQl, and admitted by the demurrer thereto, that Harrison purcbaecd one-ninth undivided put of said land at sheriffs sale, as the property of one Cain, who derived his title to the land in right of his wife Elizabeth Cain, one of the' com plainants, that she is not now barred from asserting the wife’s equity to her interest in the land as against the defendants. A* the law stoodjprior to the Act of 1856, as was de cided by this Court In Prescott & Pou vs. Jones & Peavy, 29th Georgia Reports S3— the real estate belonging to tho wife, on her intermarriage, vested in and passed to her —j i n me same manner as personal The husband of Mrs. Cam is still e, the statuto run against him from the time his title occurred, and he being barred, bis wife ia also barred. Shipp vs. Wingfield, decided at the last term—cot yet reported. Let tho judgment of the Court below be We heartily indorse the suggestion that j. - - _. T — legislative inquiry into these charges of cor- B. Lamar conveyed the lot to Andrew Lamar. motion should be We are also for There was no evidence of any deed of convey- rupuuo ■»»»■■ raaoe. e are uso ior „„ „„ Jo| of by fo e drawer, James the press investigating them, without wait- De] ty Hancock other than the recitals lug for legislative action. In the deed made by tho heirs at law of James Bat “parrying” inquiry does not help the Delay to the heirs at law of Andrew Lamar on the21th of October 1866. Thedefendant was in possession of the land claiming it un der an independent title. Tho Court ruled out the deeds offered in evidence made by Hanoock to Robinson, Robinson to John B. Lamar, and the deed of John B. Lunar to Anderson Lamar, on the ground, that it did not appear that the title to the lot of land had ever passed out of the drawer James Delay except by tho recitals in the deed made by faia heirs at law in 1866. In our judgment, the deeds were properly ruled out as evidence of title to enable the plaintiff toxceover the possession of the land from the defendant, who eras in possession of the same, claiming under a distinct and independent tide; The recital in the deed of the 21fo of October 1866 that James Delay had sold and conveyed the Gentlemen, the trail ia staiteJ. Hclprs track it, without any .irrelevancy about authority. GEORGIA BONDS. Judge David Irwin thinks the Bend <|aeitlaa one to he Folly Biscassed and Understood. Marietta, Georgia, February 16,1863. THERE STAY mt EQUITIES NEEDING SETTLE MENT Jftnr*. Avery and Clark, Atlanta, Qa : Gentlemen—Your note of the 13tb in stant was not received by me until to day. Yon aak my opinion on the bond question now under discussion. This is a question of vast importance, which should not be hastily determined. It should be considered calmly and free from'all prejudice. To go this, in my Judgment, we should delay any action until the whole subject is folly discussed and understood; still, I think the interest of the State, as well as the bondholders demand that an investigation of this matter should be had, and a final disposition of this vexed question be made within a reasonable time. It b claimed, and, I believe, pretty generally adml ted, that a large amount, if not all, of these disputed bonds were issued, and disposed of, and indorsements made on the bonds of several ntilorad companies by the agents of the St do without authority, land in his lifetime, would only bind the par ties to that deed, and those claiming under them—the recital* in that deed were not evi dence agafnit the defendant who did not claim title to the land under. ■It any of the parties to it, he d . claim any title to the land under the parties might control on any of tho complainant’s to that deed, either as a privy in law ora* property, and application waa made to a rrivy in estate, bnt under a title wholly in- the, for an injunction dependent of thim. The redials in a deed *11 V* final hearing The Judge called on only bind the parties tbi-reto and their defendants tosbiwcatne.and they answered, privies, but not strangers. On the statement The answers admitted the written offer of of facts contained in the record, the verdict coup!dpant lo sell, lease snd rebuy, but for the defendant was right, and there was positively denied that there was any agree- no error in overruling the motion for a new ment or understanding in any way that it trial was a loan of money. That it was a positive It b not disputed that the defendant had «>*, just as stated in the deed, lease and been In possession of the land more than hodd and no more or no less; denied that and In violation of law. If thbb true, bonds was such voluntary purchase by them of the so issued or so indors'd are null and roid land, such* voluntary undertaking of dba- ward they had fully paid the forty thousand ' "—‘ " " ' * " y 40 thecomplai- his seven years under color' of paper title and claim of right, bnt assuming that the heirs of Andrew Lamsr, who were minora, volun tarily purchesed s good title to the land nnder the deed of 1866 after the statute bad commenced to run in favor of the defendant ... dollars, dollar for dollar, nantt’ debts, under lion, and according. to the . statute to cease "to operate in their favor agreement at the time. That equities existing between the State of Gear- during their minority under the 2S76lh sec- they had paid the debts dollar for dol- ci* and the bondholders, which ought to be tion of the Code, or would the statute con- lar, and paid only such debts as plaintiff had Invmlirauid—for instance, if these bonds were tinueto tun against them notwithstanding directed, and that such debt* and judgments l li^f TT , rTminority♦ In other w.rdsTdoe* thi had been settled,(not tranataW to them) hypothecated as a security lor money nor y^mjbiy purchase of a tract ot land by a and turned over as settled by them to the rowed by her legal agents who were author- minor after tho statute t.«« commenced to complainaint, and they set forth these boose of her reighbnr, snd \ were addrt to the female l> i name, and called her, "Yoa one, and that the "Courts will scrhl damned old,” etc, etc. She heard the word# matter very closely to discover, whether, there distinctly, snd it would. seem, from the fact waa in fact anything more intended, than, to that the words were addressed tni provide a security for money due, or advan- her Iry name, that the defendant, ia- ced at the time, and all the facts will bclook- - “ ’ ed to lit search et the truth of the c and expected she shosld hear them. At any rale she did beat them, and in our ju-tgement, whep obscene and vulgar words are used in the hearing of a female, the words arc nsedin the presence of a female, as contemplated by the statute, the more especially when the obscene and vulgar words are addressed to that female, by name. Let the judgment of the Court below be affirmed. F. M. Harper, represented by Clarke and Goss; W. A. Hawkins; C. B. Wooten for plaintiff in error. Jas. F. Flewellen, Solicitor General; Lyon & Irvin, for the State. O. P. BeaU & H J. Smith va, F. B. Morris & Smith Davenport. Ejectment from Ran dolph. McCAY.J. Whilst, as a general rule it b true that one who goes into possession of land under a contract of purchase, cannot, at law, dispute the title of hb vendor so long as hb posses- the vendor him- she did hear The great cardinal ruls for testing the in- m " ■* — tent seems to be, whether ornot the relation of debtor and creditor was intended to ex ist between the parties—whether the prop erty was takin satisfaction and discharge of the sum due or advanced; or whether, not withstanding the words of tho conveyance, bo relation of .debtor and creditor waa still to exist, to-wit: the right of the one to dunand and the obligation of the other to “ty. Hilliard on Mortgages, 1 vol. 63,9th Under this rule, we think, from the and answers, that the transaction begun I June, 1871, by the complainants’ offer, and 1 and acted on by both in 8eptem- in error. Wooten A Hoyle, (or defendants. L.D. Monroe &E.L. Douglass, vs. Richard Y. Carter, Forcible entry, and Certiorari, from Randolph. HcCAY, J. When there was a trial before a jury, on a warrant for forcible entry and detainer, and the entry rnd force by thedefendant waa ad mitted but it was set up that the plaintiff was holding as the tenant of the defendant!, and there was evidence upon both aides upon the point—in the main by the parties themselves as witnesses, and the jury fonnd for the plaintiff, under a charge of the Court telling them that the case turned upon the nature of the plaintiffs holding, whether in hb own right or as tenant and the jury fonnd for the ilaintiff, this Court will not overrule the - Jourt beiow, in refusing to order a new trial unless the verdict be most manifestly contra ry to the evidence; Judgment affirmed. E. L. Douglass, H. Fielder, for plaintiff in error. Hood and Kiddoo, for defendant D. W. Spence and Oliver 8. Porter vs. E. Steadman. Bill for relief and injunction, from Newton. HcCAY, J. E. Sheadman filed hb bll against D. W. Spence and O. S. Porter alleging in substance that in June, 1871, he was the owner of a large property in Newton county worth ♦100,000, consisting of land on which was a cotton factory; that he was considerably in debt; that Ids debts were pressing ana be was desirous to raise money; that with thb view he made a written proposal to defend ant* to sell them hb property at filty thou sand dollars, forty thousand to be used for laying hb debts and ten thousand to remain n defendant* hands to be invested in new machinery under hb order; thb written pro posal stipulated that cotemporaneous with the sale defendants were to give a bond to re sell him the property at the end of1872 for fitly thousand dollars cash, and to lease it to him for 1872, for $10,0C0 rent, payable quarterly, with the further stipulation that if he paid the rent promptly, he was to have the right to keep the property onder lease, on the same terms, for 1873, and that the right to rebuy, in that event, was to be extended. It was further stipulated that plaintiff was to keep the property insured for 130,000, during the lease. The bill stated that the de- , as evidenced by the complainant's . , the defendants? acceptance, and deed, lease, bond and payments furnish, . far as appears from the face of the pa pers, or from any facts appearing at the bearing, taking the answers of the defend ants as evidence, was a contract of sale, lease arid agreement to permit the complainant to Vaaon & Mavis, PhiL Cook, for plaintiff* in error. W. A. Hawkins, C. T. Goode, R. F.Lyon, lot defendants. Doe ex dem., A. Lunar, ct aL, vs. Roe, cas *ject, and C. Turner, et al. Ejectment, from Terrell. WARNER, C. J. The plaintiff brought an action of eject ment on the several demises of the heir* at law of James Delay and the heirs it law of Andrew Lamar, against the defendant, to re cover a lot of land in the county of Terrell. , . ... vi .— On the trial, the jury found n verdict for the (endanta accepted the proposition, and that defendant A motion waa made for a now oa September, a deed, lease and trial on the grounds set forth in the record, 1,0114 were executed as proposed—the deeti which was overruled by the Court, and the «prtBnng forty thousand dollar* as conanler- plainliff excepted. The plaintiff introduced »Hpn—that tho forty thousand dollars was a grant from the State to James Delay for ? ot P*.“ OT f r *° 1110 compbinant, but was the lot of land in dispute; The plaintiff then lel ‘ wth defendants to be paid to certain offered in evidence a deed made by the heirs Judgments, etc , and other claims pressing at law of James Delay to the heirs at law of complainant. Andrew Lamar, dated 24th of October, 1860, T “ e bl " farther charged that the whole in which it was recited James Delay, *eheme waaamntual device to loan and bor- the drawer of the lot of land in dispate, now row mone y al Illegal interest, and avoid the deceased, did, on the 10th day of January wary laws; that such was the intention of 1837, tell and convey said lot of land to one co “P 1 f in “ t » *h*l defendants partici Thomas Hancock, and that Hancock con- ™ purpose and intent, veyed the same to Robinson; that Robinson conveyed it to John B. Lamar; and that John Tne bill fortberebarged, that defendants had not paid the money to his debts, as they agreed, that they bad bought up some at a discount, had other judgments trans ferred to themselves, and were about to levy them on hb other property. The bill further charged (hat the rent was fixed at $10,009, because that was the amount of the interest agreed upon for $50,- 000to wit: twentv percent The bill further charged that having determined not to in crease the machinery as contemplated, be had never ordered it and that the ten thou sand dollars, had never been a advanced by defendants as oontcmp’atcd. The bill also showed that ne had paid eight thousand dollars rent for 1873, to- wit: 20 per cent on $1>,000, but that defendants claimed the whole ten thouand, and were threatening to eject him as a tenant holding over, unless be paid the whole ten thousand, as well as insuring that hb right to rebuy or lease for another year and then rebuy, was dependent on hb payment of the whole of the said ten thousand dollars rent each year promptly. The bill then prayed that an account bo had between them of the debt contracted, the usury and the payment, and offered to pay what might be found rea l/dee. The bill ab> prayed that the defendants might be enjoined from ejecting rctmy, and hot a loan of money-, and scheme ti>7evade the usury laws; at least, that on- *—the uncontradicted answers of the de- UntS, it was error iu the Judge to have idered the charges of tho bill so far _ - - k out, as to justify the injunction on that Chattam M. What may be the truth of the case, jective - tic ay be made out at the trial, tefore a 8 jtujj i: not nbw the question. “ ^ 3., As it is admitted on all bands that the n thousand dollars to be advanced for ms chiepry has never in fact been advanced, and as it is perfectly apparent that thb ten thous and dollars was in the minds of the parties in fixing the amount to be paid in the re-pur- chair, and as from the M1I, answers and other facta in the bill and papers, bsfore the Court thare is strong reason to believe that the rent waa fixed at ten thousand instead of eight, in view ot the expectation ot all parties that thb Advance wonld be made, and the com plainant get the benefit of it under hb lease, and as it b admitted that the complainant has paid the $3,000 for the rent of 1873, according to hb construction of the amount really intended by the con tract; we are of the opinion that the facts, aa they appear by the bill and answers, and by the proposition, lease and bond, justify the Court in considering the complainant to have made out such a prima facie case of compliance with the real intent of the lease as to authorize an injunction against hb evic tion for his failure to pay the $10,000, instead of $8,000 for the rent of 1872, and that the injunction against hb eviction should he continued, until tho 1st, of January 1874, i he keep the property insured as agreed upon and promptly pay eight thou sand dollars rent for 1872, in quarterly pay ments on the 1st of April, July and Octo ber and the 31st of December 1873 with the right to rebar at the end of 1873 as provided in tho bond, leaving tho real troth of the amount of the rent for 1872 and 1873 as well as, whether, the transaction of Septem ber 1871, was a mortgage or sale—the ques tion of: usury and the other questions made, Judgmoai J. J. Floyd, for plaintiffs in error. Clarke & Pace, B. H. Hill, & Sons, Speer & Stewart for defendant. McCay, J., did not preside iu the follow ing case <$a account of relationship to one of the parties. W. Allison vs. J. W. Wheally & Co. In junction, from Sumter. - TRIPPE, J. A defendant in a mortgage JL fa., issued on a foreclosure of a mortgage on'per sonal property, who desires to contest the amount due on tho grounds that that there b usury in the debt, and that ho b entitled to have the claim reduced or decreed. to bo satisfied and paid, from the fact that he had leased to bis creditors, (plaintiffs in JL fa.) a plantation to be cultivated by them for one year in farmer- like style, and they were to apply the net proceeds thereof to the payment of said debt, and that by reason of their gross misman- jcir.cnt e- wtr.all crop waa made, and he lereby damaged to an amount greater than hb debt, has a complete remedy in the pro- vuions of sections 3899 and 3900 of the Re vised Code, and he cunnot resort to a Court of Equity for an injunction to prevent a levy or for tho appointment of a receiver to take charge of the plantation, etc., and for relief on account of said grounds of defence, unless for special reasons shown, surh as the insol vency, non-residence, eta, of bis creditors. No such facts are alleged in thb case. Judgment affirmed. Lyon & Irvin, G. W. Wurmick, C. T. Goode, fer planintiffin error. W. A. Hawkins, Elam & Hawks, for de- fendants. William P. Crawford land Samuel W. May, executors, vs Sarah E. Ward. Homestead, from Randolph. . TRIPPE, J. 9 1. On the trial of an appeal from the judg ment of the Ordinary allowing two lota of land by their numbers and district, as a homestead, the proceedings showing the number of acres,and the issueb, whelherthe homestead set apart by the Ordinary b not in value greater than two thousand dollars in specie, and in the evidence the valne b given by the witnesses at certain rates per acre—the jory may find by their verdict in favor of the homestotd as allowed by the Ordinary, if they believe from the testimony it does not exceed in value the constitutional limit And if from the evidence they believe It does exceed in value arid limit, they may re duce the number of acres, and specify how much and what part ot tho land shall be allowed as a homestead so that the same shall not be of greater value than two thousand dollars on a specie valuation. 2. The verdict in th’s case bnot so strong ly and decidedly against the weight of the evidence in reference to the valne as to au thorize it to be set atide, when the question was fuUy and dbtinclly submitted by the Court to thejiuy. Judgment affirmed. E. L. Dougless, H. Fielder, for plaintiff in error. Hood and Kiddoo, C. B. Wooten, for de fendant. Tho Constitution's Correspondent (lantia; for the Festival la Alabama : and.' Tennessee—Incidents cf Travel— -i His Sufferings, Past, Present, and^toCome. \ r , Grand Junction, Tenn , Feb, 3); I873,' Japhet and. your reporter were' bp th cam est seekers—he for a father, nnd the latter fog the famed carnival of H&rdi Gras. In obe dience to the popular belief that Bhrove Tuesday is a bigger man in the Crcscnt City than anywhere else, thitherward he bent his weary steps last night by stretching his lovely form on a palatial bed of Mr. Dunning’s Chattanooga line. Why he went directly north when he wanted to go South was tnys- terious as the Krewc of Comus..' 1 \ ‘ J*; ' If the courteous railway people could af ford to carry him so many miles over their excellent raihj he could afford to nde; and if ag hisrount •about trip via and Grand Junction So the ob- it of. the period. A newspaper le is of no account to himself—if he b on a salary. I1ESACA BRIDGE. There b cnly one weak spot in the West ern and Atlantic Railroad. : Along in the night we awoke out of one of those, fitful naps that fall to railway travelers even un der the best of circumstances. Like the mil; ler when the music of the burr-stones stop, the traveler misses tho roll of the wheels. There was a halt and then a low nimble as crept along at a snail’s pace. By resting the heels and bead and holding the breath we reduced our weight to' the lowest possible figure. It Is not well to curse the bridge that carries one over, a new one will soon replace tha temporary struc tore that a drove of elephants cannot break down. The darkness shut out the magnifi cent scenery of the route; we were content with the luxurious movement of tho coach over the fish-bar track. THE WESTWARD DEPARTURE, Two hours of quiet sleep were secured in the car-shed at Chattanooga before Time, in the guise of a black skin and a sleeping-car badge, roused us for the Memphis train. As we sped up among the great hills, the ra diant orb of morning began to let loose his beams, disclosing a deal more of dazzling frost than we are accustomed to see down in Georgia. From the hill-scenery wc slid into the inundated valley of the Tennessee, be tween whose stony barriers we wore out sev eral monotonous hours. THE REMOVAL FEVER. Among the passengers were a middle aged couple, boro and bred among the mountains of East Tennessee; Their children—two lit tle flaxen-haired girls—could hardly bo said to occupy any scat; they were everywhere, the guest of adl.thejoyandbrighmcssof the cat. The old folks were apparently rational beings; and yet they were^ taking these little creatures, from the pure waters, bracing air and pleasant friends of their old home, to the chills and fevers of Arkansas I Ail the piti ful gold they can gather from the black soil at Radical-ridden State, all the wealth of fCroesns, cannot buy or retain such loveliness of form and feature in a miasmatic air. Men and women of Georgia, think of the little ones before you decide to leave the d State for the far West. And this reminds us of &n incident in the car-shed at Chattanooga. It ia as easy to troop backwards as forwards on paper. As wc stepped out into tho darkness a bully man with a lamp, saluted us Ihusly: “Have you hands, sir?” Did he take ns for one of those men, who under various specious promises are enticiug darkeys to grief and sorrow out West? He was big and healthy, and escaped with a whole skin; but, in the faco of tho testimosy that conies bactofcoth -ttie deluded victims, we had rather be asked any other question. RISES TO EXPLAIN. These notes are made as we go along; and here at Huntsville, let usjreca'j an unjdst ob servation about the Tennessee valley. With such magnificentplantations stretching atvay the hazy hills,—every summit in the rolling valley crowned with a speceous mansion—leafless through the trees are, and dry the herbage,—we cannot con scientiously let the statement stand in all ita nakedness. We bid the lordly stream good bye at Decatur, where ita full banks waved ua a magnificent farewell. (No pun. In tended.) GRAND JC'-fTtoN Arrived about 8 o’clock, tired end careless of Mardi Gras, or anyjother man. It is a great thing, my little boy, to be a reporter,— to pass sleepless night* fit crazy railroad cars in which so many predecessors have been immolated, mangled or slaughtered outright —to eat indigestible food and swallow con centrated fragments of tarehrlight proces sions—and then tarn out at 2 o’clock in the morning for a still longer spell of fatigue, as your reporter must to-morrow. He ts a temperance man though, and so yon should be. F. to all. The person coming nearest the num ber of bales, as determined by the New York Financial Chronicle, September 1,1873, takes the money. Each competitor is to inclose his estimate, with his five dollars, to G. W, Trot tor, Secretary of the Augusta. Exchange Augusta, Ga. ? The money will be' depositee in the National Exchange Bank, Augusta, *1 interest. - The pool will close March 13th. No sub scription allowed after that date. Letters postmarked on or beforeJthat date contain ing subscription and estimate will be re ceived and admitted. On the 18th of March, the envelopes will be opened ahd record made of each estimate in the presence of a committee, and will he carefully preserved. The following papers arc r< quested to pub lish the above, and accept as compensation the privilege of rendering in an estimate in competition for the pool. A thousand subscritrcrs are expected. Chronicle and Scntiut-1, Augusta, Ga. .Herald, Atlanta, Ga. * , Constitution, Atlanta, Ga. Morning News, Savannah, Ga. Republican, Savannah, Ga.J Telegraph and Messenger, Mtcon,Ga. Bun and Times, Columbus, Qa. News, Charleston, S. C. Carolinian, Columbia, AC. Appeal,Memphis, Tenn. Union,Nashville, Tenn. Advertiser, Montgomery, Ala. Register, Mobile, Ala. Avgutta Vonctilutioaliit] The House ot Commons—Reappear ance of Jtslin Bright. In the House of Commons, on the 23J, John Bright took his seat for the first timo since his prolonged illness, and wae loudly cheered on entering the chamber. GERMAN EMIGRATION. Interestiog Debate in the Prus sian House of Deputies. SPEECH OF MINISTER EULENBERG. Kepopulatlon of the Burst Districts of Eastern Frnisla-Uew th< Government Propose* to »top the Flow of Sub- , jeets Across the Atlantic. Berlin, January 25, 1873. The question of the excessive emigration from Prussia to the United States is far from settled. Indeed, we are only at the com* menccracnt of its actual consideration by politicians and statesmen here. An unfortu nate side of the whole discussion is its ten dency to develop and promote In the Prussian Government a feeling of animosity towards America, the innocent cause ot this depopulation of Prussian provinces. The agents for the various Hamourg or Bremen steam or sailing ship lines who, for the sake of their premium on passage money, endeavor there waa any intent expressed or under stood that it was a loan or a device to evade the usury laws. The answer denied' that the money was not paid, but set up that either on the day of the transaction or toon afler- ized to borrow money'or the uw of the State, run, take the case out of the general rule, as on her credit, it would seem that the State la provided by aectiou MM oTtbc Code, th morally bound to pay the amount of money ^ so borrowed by her agent, with legal interest Let the judgment of the Court below be thereon, though the security given was void, affirmed. ittStrZESTiSZiz ggtgtfyjttasv see to a proper application of the money so qi-jv a go— f or defendants. loaned, unless he bad notice of the fraud. How far this legal proposition may apply to Martin G. Brady v*. The State. Miadem ritisraae.ofeocrae, would depend upon the facts disclosed by proof. IoKinach ua Thg^frpiUnt indicted f*>r a m »iid^ r n- State cannot be coed without her con- canor under the 4306th section of the Code, sent, it may be asked how this investigation * ad charged with haring used «l»cene and V, K, ,| T T—1.1. vulgar language in the presence of a female can be had? I anaww by the Legisla- w l3£uiprorSalioo. On the trial the de- tare, or by tho consent of the State— fendaut was fonnd guilty. A motion was it may be before the Courts, or by arbitra- made fora new trial on the grounds set forth lion. I repeat, that in my lodgment this th® record, which waa overruled bv the •We Br ought tobfiumS ^ Court, and the defendant except*! there •note matter uugu. ur uc wicaugatcu uu vas co error in overruling the eiotk'u Tor a finally disposed of within a reasonable time, continuance. The fact that the defendant For many reason* which Ieooldcive.Icaa’t expected to prove by the abrcnl witness that tell how far the credit of the State may have the female, to whose presence the obscene been affected by ibis iran'sction, but lam quite sure it has r.oi t««a improved. In cocci os too, I tiu.-t that nothing will be done which will, impair the honor and credit of our State, and that justice will, be. done to all parties concerned. Please excuse the hasty manner in which I have written. With great respect. Tour obedient semst, David Irwin, (Jarrting Concealed Weapon s.—The grand jury, in the Court of Over and Termi- me of Ktw York, aa Tharadey made s pre sentment in favor of the Legislature passing a law which will make the carrying of a pis tol or conceded weapon,except in casespro- vided for, an offense to be punished with great severity. They say tho evil is a grow ing one, and should be stopped at once. The Court said it heartily indorsed the reccm- It is gratifying to aee this pur pose of suppressing a ruffiiao and murderous practice manifested ia different official quar ter*. If oor law, which is of some ndvaalage aa it is, were made more sweeping on this subject. It would tie still more effectual, per haps. in behalf of the peace of the commu nity. and vulgar wurda were alleged to have been I spoken, was at one time pregnant and ab sented bcraell from the community in which she lived, on that account, did not constitute any legal defence to the defendant under the Uw for using obscene and vulgar language in her presence without any provocation, and her condition and absence from the community, did not constitute such trovecition. The words used by the-de- ■estiant, as charged in the indictment, and proved on the trial, are. admitted to havel been quite obscene and vulgar enough In shock the moral sensibilities of all decent people; but it is caul the words were cut used in the presence of the female, as e st ies plated try the statute.. The evidence is that the female in whoee presence the word* lore alleged to hsvo been' used, resided in a bouse close to defendant, just across the street, in the same village,and that the night tkuwnds were used the female was at the house of a neighbor, about one hundred and fifty yards distant from defendant’s house. Whsther defendant knew she was absent from her own house at (he time, does not ap- roear; but he was standing in the piazxi of I own house, and spoke the words loud ment*, receipts, etc., in detail. They ted that they had now in their control cer tain judgments against complainant, but sta ted that they had bought them with their own funds, and to protect their property thus purchased, and insisted that they had a right to collect them from complainant’s other property They admitted that they had never advanced the ;«n thousand dollars for the new machinery, but tad I he- bad been ready to do it, but the c mpiainant had never asked for it by ordering the ma chinery. They denied that the property was worth $100,(00, but insisted that it was worth little, if any, more than forty thansand dol lars. They “tf-red several affidavits,especially that of the scrivener who wrote the papers sus- tainicgihe answers, as to the fact that a sale, and not n mortgage or security, was intended. The complainant also filed affidavits in aid of his charge, as to the valne of the prop erty, as well as to some sayings of the defend ants, to the fact! that they aid not want the property hat only to get'good returns for their money and be safe. The Judge gran'. .1 the injunction as prayed, snd the defentUciunts excepted. Under the Act ot 1870, allowing judgments granting and refusing injunctions to be brounbt to this Court by bill of exceptions immediately, o.uhir.g comes but the judgment crantine or rtTu-ing the injunction, fff c-Diiot aft np nary demurrer to the bill, t on.the mt-iiie <-f theea-e as i may finally be made before tbr jury or b f.ao us. The only q ir=tion is. wrw the i junction properly granted or refustd ? 1. In this ease, we think under the answers and the itrcoe'e libic facts of the tne, th. Judge err. U-ia eij icing the execu- tious. They and the coisnecrinu of the de fendant* wi-h them, bat : o bin - whatever to do with the co -trover y g'o .ting out of the transaction iu Brp'uds^r, , it. The do- fendsata bad *&cifctt rgh> '•> hoy them, and so far aa appear* b, any icing, in these pro- ceedings they htvearight t" collect them. 3. It is a well settled n-!c of law, that par ties may if they ptya-i «i-y i-s i tndy. sell property fer s cops.ii r i .n sc wily pas' and at the same time, <<cute the n_bt to purchase it at a f-itnre time for tu price,audit Ibis tie re.i.y The i i:.-ot of the parties, the Uw will enforce it It is also the bridges across creeks are in almost every instance cither washed a way dr d.imaged; the land is badly washed and ; scke.1, making the prospect rather slon-ny for the farmer. C. Effect of Coal on Iuon . and Steel Rails—Some interesting experiment* have been made in England ami -Sweden under the supervision of eminent scientists, relative to the effect which the cold weather exerts upon the rails of iron and steel which are used for railroads. Contrary to the popular impressions, it was found that, when the thermometer U at zero, the iron and steel are about’three per cent, stronger, and ^capable of that proportion more of weight, than at sixty degrees Fahrenheit, or ordinary temper ature. The reason assigned for the more frequent snapping of raiis in the cold season ia that they tie embedded in frozen ground, and the impact of the weight on the ruls and their .connections is incieased by this rigid support These experiment*; m»y pos sibly lead, at some future time, to some means of prevention of this frequent cause of railway disaster. t&~ The Bank of England covers five acres of ground and employs nine hundred cleik*, and should a clerk be too old for ser vice, be is discharged on half pay for life. There are no windows on the street Light is admitted through open court*; no mob could take the bank, therefore, without can non to batter the immense walls. The clock in the center of the bank has fifty dials at lacked to it Large e tteros are suck in the court, and engines in perfect order are always in readiness in care of fire; The (and Was incorporated in 169! Capital £18,000,000, or $90,000,000. X3T The Boston Pilot says, f tlie Catholic priests are the only clergy in the land who mind their own business, con Snip selves to thdr own mission of fig! and saving souls, while the non- clergy meddle In politics, ignore or pander to bumsn weakness, and strive to swim with enough for the female to bear them at the true that the difference between snub a trans-1 the .hubbie-publiu." Cummins, Ga , Feby. —, 1873. Editort Constitution : Forsyth snd adjacent counties have been visited by A third and the most destructive freshet we have had since the great August freshet of 1852. On last Thursday night, 20lb iust, from 12 to 3 o’clock A il, the heaviest rein fell I most era witaessed, accompanied by heavy thun der and sharp lightning. The creeks over flowed Ue bottom land, washing away fences, Bridges, mill and cotton gin dams. I learn cf .fourteen mitts anil dapis in this ^‘orteStoj^ by'the'reamt FORSYTH COUNTY. Third Destructive Freshet Flays the Deuce In this County. Proofs multiply—ttnparulled Success of Dr. J, A. Jones In the Treatment ef the most inveterate nod ranger- eus Diseases. If any unbelieving Thomas in the com- munity needed additional evidence as to the unquestionable skill of Dr. Jones, and his amazing success in affording speedy relief to multitudes of sufferers who have consulted him, let them find confirmstion strong as holy writ in the testimony of tho parties themselves. Bering and hearing is believing; and day after day these unfortunates return to their homes in all parts of the country, bearing with them the glsd tidings and tangible evi dence of perfect restoration from misery and wretchedness to renewed-health and hnppi- The Doctor’s book presents a curious me lange of names and diseases, wlih the partic ulars of each, which have been subjected to his care. It weald require a volumo to no tice them all, even if it were in the least ncc- esraiy. Aa a matter of interest and cncoui however, to the afflicted, a few will be men tioned of those well known in this vicinity who have experienced relief at his hands. Among these may be included Mr. John Wilkinson, of Baker county, Georgia, who * * almost Incredibly has jnst been cured in an short time ot that usually life-long mishap, hauls. Also Mr. Bimon Fleishman,of the mercan tile house of 8. Cohen, Esq., in Americas. This individual’s eyes have been crossed, and rapidly. • The other is the young gentlemin noaultea- U Jriltai ot v>wue cn fsdiai.mTl II — J J’*"» ’ refits MokM to be j e , rt . 1 secured by the proTislp* of tMs act. ' ** ****?»?* m " a dchuchep. , ei os tom-xre orfl feMsroq j The tWMWfch’ftftfteSH House on ** at star atw ti j BtoTsday-iiyaEcsamdo Wood, for the im- smo iWilKra hni I g—MiiafofYjce-Preahteftt Oolfar was Mot ffMW mom; ; supports**# tfae administration, the New » * fbqr» el Trwrvf 'York Tltaw, h*8 thrown Bohuyler overboard. Still, Hr. Wood's resolution loll with some* UiiD£of-U*»-effec4 of a bombshell upon the 1NUMBEE 47 ! I to’ll* •♦sSstteration were °p(omp < tiy Tnadc, aad-shaa.-tha.ycas and nays-were ordered the Radicals squirmed about like a nest of serpents. Thenlhcycollected ingroups,thrir gesticulations: and the movements of their tips betraying to. the occupants of the gal leries every indication of Intense excitement One would harMfiought the result depended on the vote of Job Stevenson, of Ohio, by gm u-x-r—B— —-1 JhMgowdf.f Democrats and Radical* about F?5 mod during war time, his desk; Jjut tie did not answer when his ■ ®«*»F»lot emigration. Hfe «xpcri. : nbe'.riff ten. vej3s By wsy of testing n 1 live skill ot compel!- TmmrtiaSy tors m making estimates in the crop of Ib72. L -wtt y explained, pansy irorn dear of a new a pool is formed in this city, $5 entry, open ' v » r ' Partly the loss ot property on tho part T ~ 'of the small capitalist:. Th» strength ortho TYirMllalinn lo esrnplu nrn.) ! at U the smaller capitalists, less capable ofre-: name w>s.'called. Before the rollqaU was completed, however, ho rose and recorded sistance in themselves, ero absorbed. The men who go into the campaign find when they return that they have to begia their life anew, and few people have a heart to re peat this manoeuvre; The emigration sud denly increased, from.1864 to 1SG3, after tho Schleswig-Helstien :var, from 18,000 to 18,0C0; from 1866 to 1803, after the Austrian cam paign; from 17.000 to 20.000, and in 1872 after the war with France, to 36,000. He, never theless, thought that a decrease in emigration might now be reasonably expected in the P^ 406 - " 7vn»3r ThSpJasmlieiay condemned by the verdict The Minister believed that a second cause of the-people, ■ of emigration was in the desire of the emi- - Mr. A Vo oil's resolution having been defeat- ** in greater enjoyment of jlife cd, Mr. Tyner, of Indians, offered another He did not agreo to tho oft-' similar In tenor, save that it did not mention assertion that Prussian agricultural! Grifariby.-mame. If was adopted and rc- : were in a low condition. Nothing ferred.to tho r Judiciary Committee. This — M ' ' aUho object of the rcso- committeejnay defeat t could be done l preventing legal emigration, bnt it would sec lotion by not reporting in time, and some say mat the law was carried out in relation to that aa the term'of Mr. Colfax is so near its those persons who had not fulfilled their -cToseitte hardly worth while to impeach ^•titary^obligations. As to the motion of him. - But improrimtent wotfM not only tako " " ' from him his present office, but prevent him ever afterfrom holding an office in the gift Von Gottberg that no ono should be allowed to ]eavq,tt|*aeaporls without a special con-; sent to emigrate, this'.would, involve an ,al- : teration of existing laws, and the uestion is, has the evil attained suffi-. lent importance to justify such a mcas- * 9 ‘ iMUtlSCdto are? As to emigrant agents holdinenut inducements to emi gration, the Mimster said that tho imperial government is now considering the issue of some regulations to this effect In conclu sion, Count Eulenberg said that it was tho duty of the government to arrest tho emigra tion by introducing laws and regulations which should make Germany more attrac tive to the person intending to emigrate. Trade and industry must be promoted; the building of railroads proceeded with, in order to develop the resources of the land; in short, the internal, especially the agricultu ral, condition of the rural districts improved by the populations most interested in the prevention of cmigr. lion. Tho gov ernment could only promise its assist ance when proper measures were pro- losed, but could not take tho initiative, rrom the Minister’s remark it'will he seen that the Prussian government is made aware of the danger of restrictive measures against emigration, and is growing cautious of the fact that the “emigration dlscaso” can only be checked by wiselegislation and the eleva tion of the oppressed classes. Remarkably enough tho Minister never touched upon tho question of military duties. The fact is ap- larent to everybody that in the Prussian sa** cm of militarism lies the great cause of creased emigration. A young man who is unable to pay the expenses of one year of duty does not like to spend three of the best years-of his life under the pickrihauber; nor docs a parent relish the! dea of leaving his children in a land where, besides losing these three valuable yean of life, they are liable, until they reach middle age to be called to the ranks of the land wehr. Yet abolish the oppressive system of military duty, and the emigration across the ocean wilt still continue: for, iu spite of tho tra ductions of the official press, and the eager ness with which it cxhitits.lhe worst aides of our life, America will always have a golden horizon to the German peasant. The results of the last Prussian census, taken on the 1st «f December, 1871, shows a very slight comparative ncrcascof popula tion since the 8d of December, 1807. The total Prussian population, including the Prussian element in the German marine, lin the army still in France, ts now officially stated to be 21,643,874, being an increase of 672,412 since the cenois of 1867. WASHINGTON. The Constitution’s Thom- as-Hawck on a Foray! geants, sent ovcrwilh the purpose of decoy- ng away from home and country the young men just liable to their military duly. Thi* feeling was evident in the debate on the ques tion held in the House of Deputies on the 24th Inst, when Von Gottberg, of the Con- iscrvative party, interrogated the Government with regard to the emigration from the East ern provinces of Prussia. He asked: 1. Has the government statistical informs- tion as to the emigration from the Eastern provinces (of Prussia ?) 2. Docs the government intend to intro- dace special measures for the prevention of this emigration en masse, whiclihas assumed alarming proportions, considered iu relation to the militaiy necessities of the State and to| |agricultural development? THE CAUSES OF EMIGRATION. ■in supporting bis interpellation Deputy von I gottberg repeated tho lamentations to which! we have ct late become so accustomed. The three great causes of emigration are, in Von Gottberg’* mind, the endeavor of the emi grant to improve his material condition; second, persuasion on the part of authorized and unauthorized agenia; third, the persua sion of relatives and friends who have gone out before him. He tbinki the two latter are the principal cause*, especially that the emi gration agents are guilty of deluding theemi- ,t by describing his condition serosa the _ n in a. deceptively brilliant light. For this crime, verily, tho German penal Code pro vides for the deceivers a penally of impris onment ranging from one month to two years. Yet Von Gottberg ia good enough to admit that it ia the most diffi cult matter to prove that the assertions of the laid agents sre false!' He dees not admit that the emigrants are dissatisfied with things at home, that they do not relish living under the feudal system prevailing in the Eastern provinces, that the taxes are too high, and the military system oppressive. He is emi nently feudal and conservative in hia notions. He starts out from the primitive idea that a man belongs to the soils on which he was horn; that he has du ties binding him to serve his community, and (if a laborer) his master, even if hejhas already discharged his military duty to the State. As for the youth between the ages of seventeen and twenty-five, who are liable to military service, he hopes that the military authorities will do their duty in preventing the further escape of “delinquents.” He wishes the government to have a strict watch kept at the ports, and to allow no one to leave without his official pass, witnessing that he has fulfilled all his obligations towards the State and bis native place. He wishes to have all emigration agencies prohibited. THE MUIISTER OF TRE ISTZKI: B, The Latest Phase of the Cotton Tax. Col fax’s Fix. Psamuel Bard Booked for an Unhealthy Foreign Mission. Promiscu ous Scalpings! Clews Fixing the Georgia As sembly. ' . Washington, Feby. 23,1873. The latest proposition with regard to the refunding of the cotton tax, ls;that of Rep resentative Hants, of Mississippi, who has introduced a bill providing that the sums paid by the several States be placed to the credit of said States, and held by (he Secreta ry of the Treasury In trust for them aa a per petual school fund. The concludingsections of the bill are aa follows: Sec. 3. That the Secretary of the Treasury ot the United Stales ahaU Invest the said sev eral sums for the uce of the said several States, respectively, in tho bonds of the United Btates, bearing interest at the rate ol five Dcr per annum, and hold th< i said bond* on.depoait for tho Uto.of tho said several States; and each of the said several States that have not: heretofore adopted iu their com liiution or laws a -common free school system aa a part ot their State policy shall adopt the same into their constitution or laws before they ahaU ba entitled to any bribes, there are none so poor as to do him of the benefits arising from or growing reverence. a very temperate speech. As to the first in terrogation, he said that the statistics of emi gration for 1872 were not yet comp eted, but would 00 ready about the middle of Febru- bis vision seriously impaired fori twenty-one ary. He then said: years. But now the defect has been perfectly The question of emigration is of extraor- removed. dinary significance ana deeply affect* the The case of Wm. Ira Smith, one of the country. The decrease of the rural popula- .. „. causes of this decrease lie too deep to be re- whoee eyes were straightened and cured after moved by met* police regulations. (Very an infirmity of twelve years’ duration, affords good!) Hcthen adduced the statistics show- another striking instance of the wonderful mg the emigration from the several prov- ikUl of this scientific su.geon. inces in 1871, which are as follow*: Mr. W. A.Hopson, the popular merchant Franrinusl* Arts on Szcond street, is among the number like- 5«"“groi3M ; bBi*. t.817 — . . wise who. in tbe sbortroe of three weeks, S3} frrosmwmfireo p—o« has had an affection of the eyes of tuxntg-one M*Wok MS- andjt'we othq; ■ ■ff'JJT: vtari standing, wholly removed. From Saxony 8TO bee. 3. Th’tif hereafter any of eahrotateft And ao a one list of cores m??h; be recited »rniii fpnm £• 1-™ martnccs igmb ncRl-jc*, frd, or refuge to cstlMiih ot of similar instances of optbalmia, cross-eyes, FromTuSoYer II'.‘.‘.11*Hfifo in (fowgcfaool and other diseases of that dilicale organ, Fro® “***v*5S tem as a pwt of lhdr State policy, Orthall were it neccasarv. ‘ ^ # PP* y * ny tfowin# L?the Imttooine disease of thenoseknown . * ou out of the pwrfcions cf thU aetto any other — - - ■ “ l ““ than c«»imnoo fn>j b» h« - "purposes, bqca 44*1 as ozoens. Dr. Jones has been equally sac- Othirclstricu. lh^rfCf»n"c^ t TvS £«Ss Stitt Total form*, ta mi. -MM SirtTuSSTmopJSSontScoS Fwn-nhnrmfA «hi«^ "This gives a total from nil Piu*siai»f 38,- free achool system, or so mi3^ One of them, Mr. Dickinsoi, *hot*itifea «5,of which .numJ»r2«,7^Mt ^money* atoll, upondoa proof on Troop street, after two wtehh’treatment, permission, and without, 13S60. Aficr the p, foe United State* Government *U the beo- deriares all the disagreeable pynmtoms much Cut cemua (taken after <ra fn-ervil "f fmr eBu »risiopfrotn foe provisions of this act abatS/and that .^recovery is progressieg that the {Sopnfation ii.iil d*cr«* .&ctl. JSimi.ar Mr Winn to whom aIlution w w*s mad reports came in from many governmental ,b»ll have been inveztedkfy foe Secretary o several *wcekB since. Ho now pronounces districta. A. document before me shows that foe Tte«*uxy. *s hereinbefore directed, ahal himself permanently'cored. cZsSSGSj in the following provinces of Prussia the f*u doe and mttore, the Secretary of fo i But DnJone*’ remarkable rbtll extends to population had decreased: Treanry Btatl convert the Brid bonds into quite * variety of other distressing com- * mon?y, and re-inreat the saiAl plaint*. Among these mav be mentioned those of the throat, the lungs and ear, and tauI£n>rtoe.°r >oni*uaii.' for the use cf ih.- sai i *ever.il States ;a other United' States inteseslbearing: bonds.or ae-1 mSSSSSm«t**f*t«*y—* rs-H-K' WMwilik.ii.jW" ■— A ksWkjsfa tho-d'ssmlo*MstoBtotot laud the use of the most driitata jn£5»m«n}«' Theee of themselves are a curiosity to those }2 taj worifS °f SBjSSnl viiiiingbis room*. That terrible enemy to thousands of ladies, {” g* JSf sick.headache, he his actu-tlly cured cf late m*proricoe of Rilaeprorirre.... in a number of persons who had been mar- intmprtodpvUrof nones* Item.. :s will best, promote the j‘3»*les, under the pro be mow to lie held in of the Toiled State?, for toe me of the said several States, and as will best interests of the said'8 visions of this act, the. trust by the Secie uiy ot the Txeassty for the said States, and interest to be pah! thereon ,y ?n\ha\TeUfog1i^ r rabIe^S'dkbeto . ^s'Srtow^t'SiSStoii^iof 1 too, Mr. White, of Macon, is a living and noputatfon had been recordriLwhUe, onthe tfte *** clpar P Qsa , ” mart wonderful monui^tto^re Doctor s hand,708 towna had recorded a consul- f °Bec. 5 Th« if hereafter anyuf aaid£tatto skill. Tin* individual has engaged inbuBi- crmb]e fo Umnnmber of inhabitants. . mend iheirlli. MmSirtltaw sZAdi^Mb5££3£5SS 2£J2S22KdS2S£5r5?5 $3iS&!Eui3 Sprint whteh’jronghtuS' to death’s or by any other means whatever de- out of the provisions of this act; and each of the said sevoral States that have heretofore or that may here after adopt as aforcsaidacommon free school system for the education of the youths, mate and female, fhnll 1* entitled, upon the order of the Governor cf said State, certified by the Secretaiy of the said Stale to draw from foe Secretary of the Treasury of the United States, and the said Secretaiy of the Treasury is hereby directed to pay upon the said orders of the Governors of the said several States. respectively, annually, on the first day of January of each year,a sum of money equal to the amount ct interest that shall have ac crued on the amount to which the State may be entitled as hereiabefore specified and di rected, which arid amount-of interest ao {paid shall be reed by said State so drawing State* bond*, in which the said several 1 his vote in faVor" of impeachment. Then Mr. Horn, : of Massachusetts, skipped down the atslp and remonstrated, hut Job was firm. All tho carpetbaggers, and seallawags voted against tho resolution, which would have been adopted but for the Credit Mohilier Congressmen, ttliW WHuP'nai. Common de cency and a ! serrser dTpropriety should have prevented them from voting at all. They are “7 trial and will not be acquitted until tho ioptloir HtVSe Poland report by the House. of the people; ’ Slttibl worth while, also, Bhmuto arrant’a fraud; who nas crawled into high places, washed in hypocrisy, should bo made an example of. . ■ . , CONGRESS AND TUG RAILROADS. I Scnafor vicker?, of Maryland, mado a mBtority report from tho Committee on Com- merco yesterday upon a resolution of tho Senate referred to it, concerning the expedi ency of regulating freights on continuous lines ot railroads running through two or more States, with instructions to report by bfil or otherwise. The report of Mr. Vickera which has been prepared after much labor and research la both against the constitution ality and practicability of such a measure. Many authorities are cited to sustain this view, among them Mr. Madison, Daniel Webster and declaim* of the Supreme and Circuit Courts, The report was ordered to be pnntcd, that Senators may look into the matter hereafter. Thesub|ectisoneof great magnitude and interest to the State, and will probably bs forced upon Congress at the next Iscssion. A majority of tho committee re* ported that they hod not thoroughly exam ined the constitutional question, and deemed it inexpedient to take any action in the mat ter at foe present session. Senator V. has, in the report, endeavored to show that Congress has no power over the subject, and that tho I power to regulate commerce, give* no anfoo- rity to Congress to legislate upon the subject, nor can it in any way be derived from tho authority to lay duties, imports, etc., to pro mote tho general welfare of the United States. He contends strongly for the rights of the States and the primitive interpretation |of the constitution. |ratIE BARD, I who disappeared from the gaze of the Wash- lington pnblic a short time ago, has retnroed from Chattanooga to renew his demands for I fodder from foe public crib. Itwillbereool- lcctcd that. Representative Crutchfield, of Tennessee, was prominent in the movement which drove Bom out of the Chattanooga post Office. Crutchfield has since written a etter to tho President stating that he does not oppose Sam’s demand for an office, and if he is so understood, ho wished to disabuse the mind of tho President of that Impression. He thinks that tho doctor's services ought to be recompensed, but he didn’t want hisbiend turned out the Chattanooga Postofflce to make room for him. Mr. Kendrick*, the I present postmaster, it is understood, only ob- ecto to being dispossessed of tho office before ibis term expires, which is the 4th of March next. It is not improbable, therefore, that Sam will be appointed after that date. There is a strong desire that Bam should have n foreign consulate, an unhealthy climate pre ferred, but consideration for our foreign al lies deters the President (from malting such an appointment however much he may dc- slre to do so. . - ANOTHER INVHSTIOATION. The House Way„ and Means Committee ■te been Instructed to investigate charges of I bribery and corruption against members of Congress in connection with tho granting of a subsidy of ono tr fillon dollars per annum to the Pacific Mail Steamship Company. It is said that fully one-half a million dollars were expended in and oronnd Congress, and that some members got os much os ten thousand dollars. A list of the bitbed M. C.’i will be forthcoming, and tho officers of the Pacific Mail Company have been summoned to ap pear with their books Several Congressmen are ready to testify that they were approach ed oh the subject This investigation is locked forward to with sack intereit byout- | aiders and great anxietr by tho insiders. THE HOUSE JUDICIARY COMMITTEE Hot receive the evidence relating to Vice; I President Colfax until yesterday aheraoon- so nothing has yet been done by them in the impeachment, matter' They hold their first meeting to-nighC Whatever report they may make to the House, it is very certain they will not say the cvidcnco is sufficient. They cannot risk their reputation aa lawyer* on such a statement as that. Want of timo for the trial may cave Colfax from impeach ment by Oongrca, but ho stands impeached | before the country to-day. “TANNER AND SHOEMAKER.” The shops are beginning to dispiaybjnncrs. sylvania avenue, this mornin I transparencies hairing on one s| nf “flnint find Wilsnn** nnd ! , I noticed c the names of “Grant and WilsoD,” and on the other “Tanner and Shoemaker.” No doubt the President and Vice-President elect will feel highly complimented at this combination. THAT SLANDER. Some of the Georgia newspapers have re ferred to Tne Constitution’* special con cerning the statements of Clews & Co’s, friends here, that the Legislature had been “fixed*-for the redemption of tho Bollock bond* as If the sender of the dispatch, and not thpae who made tho assertion, was the slanderer. That is certainly unjust. In the opinion of the writer, there could be co bet ter way to defeat the nefarious schemes of CluwSfiiCoii 1b**gn fHritolkw* at foe scene of thdr operations. , ... 9 - .. . COLFAX. . Smiler Colfax is looking about for * bole small enough to hold him comfortably. Ue would settle Tn a small sized key-hole about ihistimc. Hypocrite, perjurer, acceptor of Tommy Haw*. ■ Art Item*. atdSlS“ ! ‘ !SiUU5 ^ nSUa “ r ’ T "“*■ at lection!. jSrepoKS to'erect an art gallery a cost of §700,093. The San Francisco Art Association has a membership Of upwards of six hundred, and it is not only out of debt but hu a surplus of money on hand of about $5,000; Tho prices paid for tho old matter* ia in creasing.- ! The Gatvagh Holy Family, by Rapbafi, TO purchased by foe National Gal lery in London at $15,000 in geld. Cincinnati wiil send to tho Vienna Expo sition three magnificent “historical paintings,” to exhibit the whole process of taw hogs, lobbying job* through the Oily Conned and jamping from th*i ' ite the Seven thousand women belong to the Bel- State so ndriectbiiV failing, or refusing to giin Internationals. Mrs. Utrkhess, of Uporgtim’* congregation, in London,: teach* a Bible class of 003 women. . ... ,- tie Rogers, of Williamsport, P.i., is de- fo be the belt book-keeper ia the em ploy c-f the United (States. B.nitwcll, hand her over §1,800 a year. An attack of toothache delayed a Green Bay wedding three hoar*. The groom ned foe clergyman went rabbit hunting while ihc bride went jumping around and ye.ling “Ob. myjVA ' r t3T It is ccrebro-spical-miningUis th a time. Cattle at foe North reported affected. Epidemic at the South aal Southwest. At Montgomery, A'abems. there are fifty deaths a week frerai!, end et L-ttie ’fork, Atkansu, it is far me re tcnif.le nn.i fatal than :lic email pox. Persons die i.i twenty-four hours, and no cores arc. reported. In ;iic- South it is called spotted fever, ba: matter wbaf • name it goes by, it is certain that at ti;o pn~- ent time it is very prevalent and very deadly. CS~ Moaticciie, tbe estate of Thomas Jef ferson, subsequently owned by Commodore ■■■■■H . ■ Levy, and by the l.itter bequeathed in prive any citizen of foe Uni.cd Stales of the for a farmschoa! for foeorphtn eons of 1 Yielding* ^othe solicitations or many pa- ^nfo, n b ^tn®nart/n lb «dK» l r « ht * and privileges secured by this rant officers in foe navy, fa now in big ui Uentsandronespondento, Dr. Jones haspro- camP j5 S n . * n ’ i ,n P" 1 emigration. act, on account of his or her race, color, or at Richmond, between the State cf V’rgiui* traded his stay in Macon until th* fifteenth ASD EmonATioN. previoua condition of servitude, theD, and as trustee and the heira of Commodore Levy. tjf ISnfnnhAM iNan ar.nVn rtf tVita ratlron' 1 **' * *** ' * «• *-**•- ■* **'

Georgia Historic Newspapers

The Weekly constitution. (Atlanta, Ga.) 1868-1878, March 04, 1873, Image 1