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THE ATLANTA WEEKLY SUN, FOB THE WEEKENDING NOVEMBER 13, 1S72.
'i'lUi A TLA VIA Si N
FROM CUB DAILY EDIT{ON OF
Tnesdax', Xiwymlier 5. 1872..
— Japan lias established patent- laws.
—Denmark ■women are very polite.
—Prof. Tyndall b as gono to Niagara.
~ — Anne Arden is the Qacen of Swe
den’s non de plume.
—Judge Harconrt, of Texas, is sick
in Mobile.
—Colfax is spoken of to.succeed Sena
tor Morton.
—Ole Ball left Liverpool for the
United States on the 1st instant.
—Count Andrassy, the Austrian Conn-
oiler, is to bb a prince. %
— The centenary of Linnenus’ -'death
will be celebrated in Stockholm in Jan
uary.
—The Ex-Pricce Imperial of France is
about to enter the Royal Military Aca
demy of England.
—The Countess of Shaftslmry, mother-
in-law of the late Lord Palmerston, is
dead.
— A 75-5 ear old lady lately took tho
premium for water color pointing at tho
Iowa State Fair.
— Sicily has produced a 16-year old
female poetess, named Carmalina Man-
ganaro.
—Congressman Harris, brother of our
uncle Jeems. has been re-elected to
Congress from Virginia, on the inde
pendent line.
—Professor Agassiz has been elected
Associate Member of the French Acade
my in the place of the late Sir Roderick
Murchison.
—Vou Moltke courteously sent proofs
of bis work on the war to McMahon, to
make snch corrections ns might be nec
essary.
— Mr. Relit. H. Loy, of Milwaukee,
is one of tho heirs to an English fortune
of §250,000,000, which will suffice for a
poor man.
— That mythical creature, the “Wan
dering Jew” of the foi feign gam I'bug-
houses, has lately been at Homlmrg,
where he won over 1,000,000 francs and
broke the bank.'' ‘
— The Shah of Persin is about to visit
Europe, and ,preparations on a scale of
truly Oriental magnificence are already
making for the ucciif-V.u. JI<- will pro
bably embark nt Constantinople early in
the Spring of 1878. - • ‘ -
—An eminent' statistician- has calcula
ted-that California will produce wheat
flour enough this year Ip. muke 50,258
miles of French loaves, or more than
sufficient to girdle the earth twice.—
These figures are valuable to “loaf”-ers.-
—Col. Alston, Gen. Garlirgton mid
Geneful P. M. B. Young spoke at a Gree
ley meeting in Oartersville on Monday
nigtyb. f The speech of Coi. Alston we
have heard spoken of in very compli
mentary terms as bein&'one of the best
efforts of the campaign, on the Greeley
side. . • ' _ ; , ■ . I . ...
President Grant has been-re
elected President by 250 dectoral votes.
19-Gov. Brown left -the city yester
day afternoon, on a visit to the coal
mines of Dade county, in which he has
recently purchased an interest, with a
view" to largely increasing the supply of
coal for Southern markets. He has con
structed nine miles of railroad, to reach
the mines, and will at an early day be
prepared forshippingan unlimited quan
tity of coal.
Gov. Brown’s physical health has not
been as good as usual for several months
past, and he has fonnd it expedient for
him to resign for a time the Presidency
of tne Western and Atlantic Railroad,
that he might have time for recreation
and travel. He contemplates a trip to
Florida and Cuba about the first of De-
o?mber which we trust will have the de
sired effect of fully restoring his health.
£2?“ Col. E. Hnlbert, we learn, will
leave at an early day for Kansas City, to
superintend the bnilding of the long line
of railroad—narrow gauge—from that
city to St. Lonis. CoL Hnibert has for
some time made a specialty of the nar
row gauge, and is-thoroughly conversant
with the system. He is also a gentle
man of rare executive ability.
£9* The Election in Fulton County,
At Tallnlah Engine House.
for president:
O’Conor 107
Greeley 643
Grant............. 1,038
for congress:
Glenn . 777
Freeman 1,059
AT WEST END PRECINCT—FOR PRESIDENT:
O’Conor - - • 16
Greeley... 105
Grant 33
■ for congress:
Glenn 130
Freeman 32
CITY HALL.
O’Cor.or 190
Greeley 989
Grant 1,715
FOR CONGRESS.
Genn 1,276
Freeman 1,661
JG9“The “ground swell” has collapsed.
Now, Democrats, close up and stand to
principles hereafter. . a
Sf&F’ The vote in the State, according
to the best information received before
going to press, gives Greeley 20,00 ma-
jorjtj-. •■"
JBSS* Tho Constitution was boastiDg of
tlie.Greeley '“ground-swell” in Connecti
cut. Well, Connecticut has spoken* and
it is hot very “liberal.” .... t. , \
'Jtye malady is increasing iu
Charleston, although in u mild form. A
week more ami very likely it will be iii
■ i„,o
4,280
3,074
6,14
3,94b
3,857
JGQy* The following - State majorities,
in the Presidential election; of 1868, will,
by comparison with the present returns,
show the relative gain or loss of the De
mocracy by the Grr.eley coalition :
Alabama, Republican........,.:
Arkaun&H, “ ..
California, •* . ..........
Connecticut,- “ ’
Delaware, Democratic.....
Florida (voted by Legislature.). ; ,
Georgia, Republican .45,633
Illinois, “ ,.t 51.160
iDdLua, •• .. .....:* 9,572
Iowa, •• .......46,359
Kansas, ; 17,030
Kentucky, Democratic. 76,321
Louisiana, Dt-mocmtic.. .......86,962
Maine, Republican..... 29,13)
Maryland, Democratic 31,919
Massachusetts, Republioan ..77,069
Michigan, Republican :..31,481
Minnesota, Republican, 15,490
Mississippi, then under military;....
Missouri, Republican .25,883
Nebraska, Republican.....:.....4,V9i«
Nevatia, Republican 1,162
New Hampshire, Republican 6,967
New Jersey, Democratic • 2 88u
New York, Democratic 10,000
North Carolina, Republican
Ohio
Oregon,DemocraUc ........
Pennsylvania, Republican...
Rho-e Island, «
South Carolina, “
Tennessee •«
Texas (Military Province)
Vermont, Republican . 32,122
Virginia (Military Province)
WtstVirginia. Republican 8.713
Wisconsin <• 24.447
....12,186
..41,428
1«4
.; 28,898
6.445
17.064
...... 39,440
SOUTHERN NEWS.
The Enfania Times wants a printer.
The Texas Pacific Hailway will be
1,515 miles in leDgtb.
Preston D. Sill, a well knowtCUlera-
teur of Columbia, S. C., is dead.
Large numbers of hogs are passing
through Kentucky to Cincinnati.
Mrs. Groomes, an estimable lady of
Memphis, has been burned to death.
Peabody A. Morse, Jr., a prominent
citizen of Greenville, S. C., is dead.
Another name for tho horse disease
is Gastroerysipelatcus.
— They have had a brilliant wedding
in Knoxvillee, Tenn.
— The Brown svill Stales discuss the
Atlanta dnei.
—The Lauderdale (Tenn.) Fair opened
to-day.
— The bogus Lee is on the rampage in
Alabama.
— A negro has been shot dead in Som
erville, Tenn.
The “ Hipporhenorhea” is what the
Charleston Heirs calls it.
large number ot immigrants have
arrived in Haleigh.
One Captain Woodliff is to estab
lish a sash, blind, bucket, spoke and axe
handle factory in Gadsden, Ala.
That fellow in Ashville, N. C., must
be lightmng, who will start a paper and
call it "The Thunder-Clap of Freedom."
— Austin, Texas, eats com at 35 cents
per bushel, and drinks milk at 12$ cents
per quart.
— One negro shot another in Edge-
field, S. C., sending him to kingdom
come.
—M r. G. Sykes, one of the proprie
tors and business managers of the Peters
burg (Va.) Index, uied on Wednesday
last.
—General Wade Hampton will deliver
a lecture in Alexandria, Virginia, within
the next fortnight, on the life and char
acter of General Lee.
— Memphis papers report the mar
riage market dull. The young ladies
there repudiate the youths of the white
hat.
—Gen. J. B. Gordon is to deliver an
address on the 9th iusfc. before the Sur
vivor’s Association of South Carolina, at
Columbia.
—Another hand cotton ginning scrape!
This time it is John T. Bishop of N. C.
Next!
— Well here he is ! A negro boy got
into Col. F. M. Packer’s gin, and was
instantly killed. These cotton gins are
almost as bad as that other kind.
-—And if here isn’t another! John
Mozingo had his arm badly lacerated
while feeding a cotton gin in Wayne
"ounty, N. C. Well, deliver us from
N. C. gins, say we.
— Counterfeit passage tickets on the
Texas Central Railroad, were issued by
Byrd and Trimble. They are now pro
vided for.
—An old lady, named Mrs. Green,
died near Montgomery, Ala., last week,
from general debility, neglect and star
vation. When found she was in the at
titude of prayer.
— Tho Columbia Union reports that
on Monday evening ast one of the pas-
singer cars on tho Spartanburg and
Union Railroad jumped tho track, over
turned and rolled down an embankment
some twenty feet or more, where it now
lays, landed “ top side down.” Several
passengers were on board,.but a slight
scratch was th© tnost serious injury sus
tained by any one of them.
The count nt tllo City Hall was
progressing at I A. u., and was likely to
continue until daylight. The indica-
tio ns at that hour were for Grant. •
Constitution claimed that Hen-
G ovegtyor ^.Indiana,
bccan.se, indilto Buckalew, he had declar
ed for jjrijeeley. Indiana has now declar
ed for Greeley—to stny.at Rome.
R§F‘ 1 &eorgia gave''Governor 'Smith
60,000 majority, three tinsel that for
Greeley. If wo read aright the Consti
tution has repeatedly predicted that
Greeley’s majority ■syoald be equal td
Goyornor Smith’s,
‘ 4
iS?" Tho- Constitution, alter the Gu
bernatorial - election -in Penncylvania,
said Buckalew was defeated because he
had not openly declared for Greeley.
Well,, now, jGreeley has himself run.—
into the Scranton mines i .
A private dispatch , from Macon,
last evening, states that all the prisoners
who had been arrested there for a viola
tion of the Enforcement Act, at the Oc
tober election,had waived an examination
and given bond. Mr. Deitz, of J. W.
Burke & Co., was arrested yesterday.
A “Ground Swell” or something
else got into tho Constitution's arrange
ments last night for a Grand Bulletin
Board meeting. The enterprise caved
on the reception of the first batch of
telegrams.
We told you so.
The States that are certain ior
Grant are: Connecticut, Deliware,
Indiana, Maine, Massachusetts, Mississ
ippi. Nebraska, New Hampshire, New
Jersey, North Carolina, Ohio, Pennsyl
vania, Rhode Island, South Carolina.
' emoDt > California, Illinois, Iowa, Kan
sas, Michigan, Minnesota, Mississippi,
Nebraska, Wisconsin, West Virginia.
Those acceded for Greeley: Alabama,
Georgia, Louisiana, Tennessee, and
1 s Virginia.
Thiew^ -v . * * * l
in VenSth — A country girl oorniag from • morn-
toe flrtt was told abe looked m fresh as
by the dew, to which abe
“plied
A mixed crowd gathered in front
of the Herald office for a while. lost night
watching the bulletin board, gave
vent to many racy reflections on thei'C-
suits.; . tj -
“ The Radicals ahead 1,200 in Buf
falo,” was one cf the announcements
ll vm *., j •
“ Which wing of the Radicals ?” some
O’Conor wag asked.
“Greeley riins ’‘-behind Buckalew in
Pennsylvania,” was stuck up‘conspieu
oualy last night. An ardent Greeley
man. coming up, said rvt'Well, I think
we’d better sbtrd .General Gordon and
General Benmng back to Baltimore.”
“Delaware goes for Grant.” —
“Well, we deserved no better,” said a
Crooked ’ Democrat as lie wrapped liis
shawl around him to go home.
5SU It is believed the vote for Grant
at the Oily Hall will nearly double tbfct
of Greeley, and that Freeman’s vote will
be one-third over that of Col. Glenn; and
that the Tote in Falton.eounty will show
a majority for Freeman. /It is, however,
believed Col. Glenn is elected by a small
majority. Houston county has gone
largely in fa\or of Frecmam
From the Constitution.
HKOYii NOTS3 OB' THE DECISIONS OF
THE SUPREME COURT OF GEORGIA.
Delivered in Atlanta, Monday, Nov. 4, ’72
THE “STRAIGHTS” IN OLD FAY
ETTE.
Unfairness of the Greeleyites.
Tliey Tryto Turn Down the Straights
by al’riclc, and get Turned Down !>y
the People. Lii! .H l. . 1 \ odi'i
St
Hr. Mohley Declines Dlscaasion, and
Ills meeting a Failure.
Mr. Andrews Mnkos a Telling Speech—
Enthusiasm for O’Conor.
Rica Rhaduco. — Our three Atlnut* daily ei-
^haoKea now furnish n» with a T»riety of rich and
rare aiental aliment eeldom to be obtained In one
Uttls town. The staid and dignified ronrt j .-arnal
refreshes us with whole pag^ of Colonel Clark’*
campaign speeches, which, for statesmanship and
elooueuce, have never been excelled since the days
of Daniel Webster ana Davy Crocket. The lumi
nous Sus deals out long chapters of anti-deluvian
politics, whose somnolent effect these sunny Indian
lommer days is indeed wonderful, especially afters
hearty dinner. Lastly, the murders > nd ravish
ments of the Herald causes onr virtuous bristles to
“stand erect."and has already straightened ont ev
ery kink la our colored pressman's scalp. Verily,
verily, the AUnata press Is a thing to thank the gods
for.—Griffin Star**
DRAMATIC NOTES-
— Lotto, the petite aotrees, is sick in
Paris.
r — McEvoy’s Hibernioon is iu Detroit.
— J. S. Clarke is in London.
— Booth is playing McBeth in Port
land, Me.
— C. B. Bishop is poking fan at the
Cleveland folks.
— Bos* and Harry Watkins are in
Richmond.
— New plays in London are always
first prodnoed on Saturday night.
— The “Amaranth” is again in the
field, and will aot the “Ledy of Lyons”
and the “Rough Diamond” at the Brook
lyn Academy.
'Editors Daily Sun r Some time ago
Mr. W. H. Andrews of Fairbum, pub
lished an appointment to address the
people of Fayette county, at Fayetteville,
in favor ot O’Conor, against Greeley ah'd
Grant,on Wednesday last. 21 a ? ** :1 « ;i '-
The Greeleyites, in order tO;'kid j
this meeting imd prevent theelTectof iLa
speech ps far as possible, published an
appointment for Mr. E. C. Mobley,
the same time and place; and this publi
cation was only made at 12 o'clock the day
before—on Tuesday.
Well, Wednesday came, and bofh
speakers were on hand. Mr. Andrews
and his friends claimed the appointment,
while Mr. Mbbley and one Greeley: man
insisted on having it for Mr. Mobley.
Mr. Andrews proposed to divide the
time, and discuss the political issues with
Mr. Mobley before the people, lint this
proposition was declined. Mr. Andrews
then proposed to divide tho time witnout
any discussion or debate with each other,
but in simply addressing the people, each
in advocacy of Lis own candidate, with
out reference to what either might say.
This was also declined.
Mr. Andrews then, with heroic mag
nanimity, yielded and announced that
he would address the people the next
day—Thursday. It wri s then stated that
Mr. Mobley would proceed with his
speech, whereupon the people left. Not
more than fifty persons remained at the
court-house to hear his speech. The
meeting was a complete failure, and even
the Greeley men were ashamed of the
whole affair.
On Thursday Mr. Andrews made a tell
ing speech for O’Oouor and Adams be
fore the people of the county, which was
warmly indorsed by the audience, and
applaaded with enthusiaem.
Good old Fayette county will give
O’Conor and Adams a good vote.
Fayette
At one of the schools in Cornwall,
England, the iLspector asked tho chil
dren if they ccnld qnote any text of
Scripture which forbade a man haying
two wives. One of the children sagely
quoted in reply to the text, “No man can
serve two masters.”
bed: “You’ve got my —IWwtnr,
b»t hi* isn’t Dew.’ j the
Texas, baa a now paper—
Scofield and V. A. Gaekiil vs. A. M.
Perkerson, Deputy Sheriff. Refusal
of an injunction from Fulton.
Martin J. Hinton et aL, vs. A. M. Per
kerson, Deputy Sheriff, and Madison
Bell, Comptroller General.
WARNER, O. J,
When these o-sses were before this
court daring the present term, it was
held and decided “that on the abolition
of the offices of the Western & Atlantic
Railroad, the Comptroller General be
came the proper custodian of the books
and records of the road, and the duty of
causing the true amount due by the de
faulting officers of the road to be ascer
tained devolved upon him; that the
Legislature has authority to appoint a
committee of their own body as miniate-
ral agents to audit and state the accounts
of the officers and aaents of the
Western & Atlantic Railroad. When
such statement shows an officer or
agent in default and is transmitted
by the committee to the Comptroller
General, and he thereupon issues execu
tions against the defaulting officer and his
sureties, this conrt will presume that he
satisfied himself of tho correctness of
the commiitee’s report by inspection of
the books and accounts of the Western
and Atlantic Railroad, and adopted it
as his own, th-t the coarts will not en
tertain jurisdiction to enjoin such execu
tion, on the ground that there is a snit
pending at the instance of the State
against the defaulting agent and their
securities on their bond, or on the ground
that the amount for which the agent is a
defaulter was fraudulently used and em
bezzled by him.
After the judgment of this court had
been rendered, the complainants amend
ed their bills, and again applied tor in
junctions to restrain the collection of the
executions issued by the Comptroller
General, which were refused by the court,
and the complainants ejeepted. The
averments in the amended bills go be
hind tte issuiugof tho executions by the
Comptroller General, and relate to mat
ters which transpired prior to his action
iu issuing them for the purpose of attack
ing the validity thereof; and one of
tho tomplainuntc alleges that a part
of one of the executions is not due.—
The issuiug of the executions by the
Comptroller-General to collect the pub
lic revenue duo to the State, was the act
ot the Executive Department of the
State government, and the courts have'
no power or authority to compel that de
partment, by mandamus, or other judi
cial process," to issue executions for the
collection of the public revenue of the
State, or to restrain that the, department
of tho government from doing so, or to
prescribe the kind or sufficiency of the
evidence which shall be necessary to au
thorize it to issue such executions against
the defaulting officers and agents of the
government, that is a matter which be
longs to the Executive Department of the
government alone exclusively. All debt
ors to the Western .& Atlantic Railroad
were debtors to the State or public
Code 981.
The remedy against the Superintend
ent and other officers of the road is the
same as against Tax Collectors and Re
ceivers—Code 991. The Aot of 1858,
from which the provisions in the Code
are taken, is still more explicit on this
point. The 7th' section of that Act de
clares “that debtors to said read shall
stand upon the same footing as to liabil
ity and acoounia.biUly, iuL collectors of
taxes are now liable by law, and no ju
dicial interference shall be had, hold or
entertained, to stop or suspend the col
lection of a fi. fa., when issued according
to the terms and provisions of this Act.
But the Governor for the time being
may, and shall, upon affidavit filed as to
the amount really due, upon affiant fully
paying the sum admitted to be due^stat-
ing all thefqcis in his affidavit, and there
in showing why he has paid all that is
really dne, to suspend the collection of
tho residue until the meeting of the next
Legislature, to whom he shall submit thei
matter for their action.” The 6th sec
tion of the Act provides for the issuing
of executions against tho JefaultiBg of
ficers of ibe road by the Comptroller
Geneial. The 4th section of that Act
declares that it shall be liberally eou-
'•i’ruKl to effect accountability and pay
ment from debtors of. the road.'" The
971st section of- the Cfdde declares that
“all laws-heretofore, enacted having &
special or local application to said road,
and in force at the time of the adoption
of this Code, are kept in force, unless’
herein repealed'fexprasaly cor ny implica-
ion;” • • ot f- .
Can anyone doubt tbai it’was the clear
and manifest iatention.ol the Legislature
that there should not ba any judicial in
terference with the collection of claims
due the State bj the' defaulting’ officers
of the road? But, it is said, if there is not
judicial interference, the complainants
will be remedilosa. Toe 7th section of
the Act before cited, points out the
remedy wnich negatives the idea that it
was to ba by judicial interference. The
principle is that the State must collect
her revenue for tha support of Govt-rn-
meiit through the action of the Execu
tive Department thereof, whether de
rived from taxes, or from ht.r other sour
ces of revenue, without any judicial in
terference therewith. The Courts will
mot presume that the State in the exer
cise of her sovereign prerogative in. the
collection of her revenue, will da injus
tice to any of her citizens for her own
benefit. The complainants at the time
they signed the Lfficial bonds of theit
principal must be presumed to have
done so with a fall knowledge of the law
applicable to their liability thereon, and
as to the manner of its enforement
against them for the default of their
principal. The issuing the executions
by the Con ptcoller General in this case
being the >4$ the Executive Depart
ment of the Gpyarament, having the ex
clusive jurisdiction over that subject
matter, the ConrU have no legal right
judicially to inUrtexe with the exercise of
that jurisdiction feur the reasons alleged,
either in the original bills of the com-
plainanle, t»r in their amended bills, bat
on the contrary, are expressly prohibited
from doing so. Let the judgment of the
Court below be affirmed in both ca& s.
D. F. & W. R. Hammond, B. H. Hill,
Pope A Brown, Gartrell ana Stephens,
Peeples k Howell, and A. B. Culberson,
for flaintiffs in error; N. J. Hammooo,
ADornof General, for defendant iu tnvr.
This was an action brought by the
plaintiff against the defendant as execu
tor on open account. The plaintiff had
filed an affidavit of the payment of taxes
as required by the act of 1870. On the
trial ox the case the plaintiff offered to
prove the payment of the taxes for the
purpose of keeping bis suit in court as
required by the provisions of the before
recited act, tha defendant objected to
his doing ao on the ground that his tes
tator, one of tho original parties to the
contract sued on, was dead. The court
snstained the objection and rejected the
evidence, whereupon the plaintiff ex
cepted. In onr judgment the court
erred in rejecting the evidence of the
plaintiff as to the payment of taxes on
the debt The plaintiff was not offered
to prove anything in relation to the con
tract or cause of action in issue or on
trial, bnt was simply offered to prove a
fact required bv the act of 1870 to keep
his case in court, a matter outside of
and wholly independent of any contract
made with the testator, or the merits of
the cause of action in issue or ou trial
between the parties. The evidence of
fered was to prove a condition precedent
required by the act of 1870, to enable
the plaintiff to maintain his snit in conrt.
Let the judgment of the_court below be
reversed.
J. D. Rumph for plaintiff in error; J.
S. Wiggins and J. 0. Nichols, represent
ed by Newman & Harrison, for plaintiff
in error.
Abraham Einstein vs. C. L. Latimer and
T. T. Thigpen. Appeal from Court of
Ordinary, from Ware.
WARNER, J.
This case came before the court below
on an appeal from the Court of Ordinary.
Einstein applied for letters of adminis
tration on the estate of Joseph Hillman
as principal creditor of the intestate. A
caveat to the application was filed. On
the trial in the Superior Court, the ap
pellant and applicant for the letters of
administration offered in evidence the
notes of the intestate, and a certified
copy of a mortgage from the record
(naving accounted “for the loss of the
original) for the purpose of showing that
he was a creditor of tho iutestate, which
was objected to by the caveators on the
ground that no affidavit had been filed
that all legal taxes had been paid on the
debts, which objection was sustained by
the court, and the evidence rejected;
whereupon the appellant excepted.
The rejection of the notes and copy
mortgage when offered in evidence to
show the indebtedness of the iutestate
to the appellant, because there was no
affidavit that tho taxes due thereon had
been paid, was manifest error. There
was no snit on the notes or mortgage as
contemplated by the Act of 1870, requir
ing an affidavit of the payment of taxes.
The notes and mortgage were offered iu
evidence to show that the appellant was
a creditor of the intestate. There is no
law within our knowledge that requires
an affidavit of the payment of taxes to do
that. Most certainly the Act of 1S70
does not- require it. Lot the judgment
of the court below be reversed.
J. G. Nichols and George B. William
son, represented by Newman & Harri
son, for plaintiis iu error; J. S. Harris,
for defendant.
And now New Orleans is to Lava
a grand industrial exposition, wish a
banding cosliag §150,000.
S. ManlarA ys. James F. King, axsen-
tar. Go&pJbunt, from Wayne.
WARNER, d I.
Perry Bennett et al., vs. Adoniram J.
Williams administrator. Refusal of
an Injunction, from Monroe.
WARNER, C. J.
. This was a bill filed by tli9 complain
ants praying for an injunction to restrain
the defendant as administrator de bonis
non cum tesiamento annexo of John Cot
ton from selling the laud of tbe testator
until a provision should be made there
from in favor of the complainants, under
the third clause of tho testator’s will,
which is in the following words: “I give
and bequath to Peter Jon°s at the death
'Cf my wife,; any two lots of my lands
that he may select, on tho trust follow
ing, to-wit: The net proceeds and profits
to be applied to the benefit of my three
negroes, old Perry, bis wife Silvy, and
their grand daugnter Elizabeth, a mulat
to girl, he to take them and apply this
property to their use, aud at the death
of either, the la3t survivors, to receive
the .whole benefit.” The will bears date
2d. of July, 1850, .and the testator died
in: July, 1859. The defendant demurred
to the bill on the ground that this clause
of the testator’s will was void under the
laws of this State .at the time of making
it and at the time pf the death of the
testator. The Court sustained the de
murrer and refused to grant the injunc
tion whereupon tlie cjmplaintaut ex
cepted. r
The.Bh section of the Act of 1818 de
clares, that ‘-All and every will and tes
tament, deed, .whether by. way of trust
or otherwise, contract, agreement, or
stipulation, or other monument in writ
ing, or by parol, made i t executed for
the purpose of effecting, or endeavoring
to effect, the manumission of any slave,
J or slaves, either directly by conferring,
or attempting toeonfer, freedom on suen
slave or slaves, indirectly, or virtually,
by allowing and securing, cr attempting
to allow, and secure, to such slave or
slaves, the right or privilege of working
for bio, her or themselves free from the
control of the master or owner of such
slave or slaves, or of enjoying the profit’s
of his. her or their labor or skill, shall
bo and tne same are Hereby declared to
be utterly null and void.” The com
plainants who were slaves at the time of
the death of the testator are n*-w seeking
to enforce that clause oi the testator’s
will which convejel the two lots of land
to Jones in trust for their use and bene
fit. This clause of the testator’s will
must be construed under the law as it
existed at the time of his death.
Whilst we have labored to carry ont
the intention ct the testa’cr, and to se
cure the property for the benefit of the
complainants, if it could be done con
sistently with tbe law, still we are forced
to come to the conclusion that tho man
datory requirements of the f-tatutes of
this State, which must- control tue ques
tion, leaves ns no discretion bnt to da
cl.re the third clause of the testator's
will null and void. The enjoyment aud
control of tho profits of the two lots oi
land by the complainants as slaves, and
the a; plicat on (f the property to their
ose aud benefit would havo been cer
tainly inconsistent with their condition
as &uch slaves, and iu the very teeth o‘
the provisions of the Act of 1818, which
was the law of the State when the will
tooK effect at the deatn of the
testator, and mu.t, tkerefaze, control
onr judgment in this <vse. Let die
judgment of the court Oelow be affirm, d.
Wuittle & Gustin for plaintiff iu t-rr-ur.
Hammond k Stone and Pinckard for de
fendant in err-jc.
Special Correspondence of Thb Suh.) —’
Letter from Southeast Georgia,
St. Mary s, Ga., October 26, 1872
We reached ihis thriving and beauti*
ful little “city,” on tho steamer “Nick
King” this morning. Oa yesterday
coming over the railway from Macon to
iBrunswick, we passed Surrency, a sta-
tion Bixty miles from Brunswick, noted
of late for.some spiritual manifestation
As we approached the place, way passen
gers familiar with the rumors multiplied
ou the train, aud accounts of wonders
were rife. Fortunately, at No. 7, jj; r
Surrency, at whose house these manif es *.
tations had been witnessed, came aboard
the train, and we conversed with him
daring tho ten-mile journey to No. G
He related several facts whioh had oc
curred witnin his own knowledge which
were quite inexplicable—such as the
moving of a goblet from a side-board
aud dropping ou the floor with consider
able force, aud the falling of bricks into
the middle of a closed room destitute jof
any aperture through which they could
have entered, and without any possibilj.
ty of any human contrivance to produce
these results. Mr. Surrency i3 a gentle
man of unquestioned veracity, and in the
years gone by, represented his county
with fidelity and ability iu the Georgia
Legislature. We shall not attempt to
explain tho phenomena.
We find affairs in a prosperous condi
tion in this place. The lumber business,
alone, constitutes an interest of vast im
portance. For the last year St. Mary’s
has shipped to various points in the
world about twelve millions of feet of
first-class lumber, monthly. Some now
business houses, and several new dwel
lings are in process of erect’on; and the
enterprising firm of S. L. Burns & Co.
have just completed another steam saw
mill—making altogether five large saw
mills in this place and vicinity. The
Camden County Academy is in highly
prosperous condition, and two other
good schools are taught iu the city. The
work on the St. Mary’s ana Western
Railroad will soon be prosecuted with
great vigor, and the road when complet
ed will connect the placo with the inte
rior railway system of Georgia. The
project of the great canal, to connectthe
waters of the Gulf of Mexico with those
of the Atlantic, at this point, will be con
summated at no distant day, aud will
revolutionize the internal commerce of
the country. We have had a very pleas
ant conversation with Ool. P. H. Bai-
ford, of this place, the leading spirit of
the enterprise. It has lately attracted
the attention of the London “Times, and
elicited an able article urging the prose
cution of the work. The St. Mary’s
River, at this place, will constitute a part
of the great ca.ial.
Politically, ihis region achieved lau
dable wonders in the recent State elec
tions, electing a Democratic Senator and
Representative. The Senator elect, Jo
seph M. Arnow, Esq., is a native of this
city, and is a young lawyer of great
ability, high cultivation, and considera
ble experience in the business of legisla
tion. He was a member of the Florida
Legislature in 1862-5, and occupied a
leading position in that body. Ho com
menced his public career as editor of
“ lhe Cotton Slates,” a widely known aud
influential Florida .journal during the
war. He is a man ol the people, and has
never beeu beaten in a contest for any
office. He is a member of t..e Presby
terian Church; has been Mayor of St.
Marys, and is one of the “ coming men”
among the young statesmen of Georgia.
The Representative elect, Mr. Bay
Tompkins, is also a young man of fine
ability and excellent promise. He is at
present engaged in mercantile pursuits,
but was bred a planter. Sis lamily is
among tho most influential and respecta
ble in Camden county, aud is related by
consanguinity with that of the celebrated
Robert Stafford, Esq, of Cumberland
Island—tne weathiest planter on tho
Southern seaboard of Georgia.
We had the pleasure of meeting hero
Mr. C. H. AUen, the editor of tho
Phoenix newspaper of this place. The
publication of his paper has been tem
porarily Suspended. He is an accom
plished gentleman of tho Old School,
and a South Carolinian by nativity, by
high, culture and refined tastes.
We go hence to-morrow on the steamer
Flora Temple, up.the St. Mary’s river
to Traders’ Hill, to attend the Superior
Court of Charlton . county. We shall
have ou the steamer Hon. W. M. Ses
sions, Judge of the Superior Court, Mr.
Hitch, the Solicitor, Hon. Mr. Nicholls,
Senator in our State Legislature, and
perhaps others. These gentlemen are
here in attendance upon the Camden
Superior Court, just now adjourned.—
These gentlemen are not only sound
lawyers, but genial and pleasant gentle
men, and we expect a pleasant time on
the steamer. ’ -
Rumors of-_* pending duel were rife
on the streets an hour ago, between two
well known gentlemen of this city; but
the interposition of friends was earnestly
exerted nntil, after many difficulties, au
“honorable adjustment” was happily
consummated. W. G. M.
Homicide ift Talladega Count}-, Ala.—
The murderer files from Justice, but
is Arrc.tcd.
[Rome Commercial.]
On yesterday morning policeman Dow-
die was notified that a murder Lad been
committed in Talladega county, Ala., ou
the body of Mr. Limebaugli, by a man
named Wm. Wulker, a>;d that Walker
was at large, and might pass through or
secrete himself in Rome.
While “perusing” tho various stran
gers in our city, i’owdle observed a sus
picious looking individual go into the
postoffice, and as he answered the des
cription pretty well, he awaited ana
watched his movements.
Calling for a letter for Mr. Ed Fisher,
the stranger received one, and as he
stepped aside to read it, Mr. Dowdle put
his hand gently on him and told In®
he was a prisouei. He took the letter
from him instrmler t and oa readiug
found that it was an advisory communi
cation from a nameless friend touching
the reward tnat was offered for him. I 5
seems that tha name of Ed Fishtr w;fl
Walker’8 alias. Mr. Dowdle paaced “be
individnal iu close quarters, aud has no
tified the auihori.its at Talladega. Mr-
Limebangh, it is said, was an im flensiva
man, of good family, and was killed upon
a i**-ro pretext of provocatiou. He w’J 8
knocked off of his horse iu the pubho
otul and shot. Walker hi«d been drink
ing. but was not druui;. No doubt bnt
th^s vbs-dof BolAoh- - - ‘