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THE ATLANTA WEEKLY STJ3ST—AAAROH 3B, 1873.
Til E ATLANTA SUN
JUMMtM tiBHKf.'Sjr* ItKCihiO.'V.
ONITltD STATUS CIRCUIT COURT, KOBTHEKN
DISTRICT 07 GEORGIA, MARCH TERM, 1873.
Uniti-d as. William Gardner. In
dictment for violation of Revenue Lawn.
ERSKIXE, J.
Before toe jx-rusal of tne panel, com-
prim ; of k i while person* and six color
ed, defendant cl all caged the array on
tie ground that the jury was illegally
constituted, and moved that it be quash
ed :
“ First—Because the United Spates
jnrors at'* required to be selected by the
United Hint. h statutes, aocordipp t<> the
law i of each State where said Unitid
Slates Courts are held.
Secondly — Because tliere is no authori
ty of Law for the United States Court to
at point comtnim-iouers tom loot jurors.
Tmrdij—Becuus*- the rules 01 Court,
under winch said jury wen selected and
impum-lled, limits the number of jurors
to five hundred.
Fourthly—Be^ti^e the m tinner of se-
leeiing jurors heretofore practiced by t* e
Uuin o States Courts in tins State, has
not be- n repealed by compe eut authon-
Fifthly—Becanse the rule of Court, uu
der wtnen the said panel of jur <r» wa
ui.iwn. selocn it, summoned, and lmpan
nelied, is without sanction of law, and
oontr rvto the statutes of the Unite*
States, in such . uses made and provider!
Sixthly—B -cause the panel of jurors
was not drawn, selected and summoned
according to taw.”
(Signed) aktr ll <fc Stephens,
Peeples Ac Howell,
Defendants’ Attorneys.
Other objections—Corollaries from the
foregoing—were advanced dnring the ar
gument*. These authorities were cited
and relied upon. Code sections 3842,
38,18 and 3859. Article 5. Section 13,
State Constitution. Act of February 15,
1869 1 Brigbtly’s 4th Dig'-sis 220. Act
of CoLgress cf July 20, 1810. Uuited
Stipes vs. Woodruff & McLean 105, Same
vs. Wilson. 6 Id. 604 Clinton Engle
bacht, 13 Wallace 634. Act of Congress
of June 1st, 1872.
T e second parngrapbof the thirteenth
sec ion of the tilth article of the St ate
Constitution of 1868 says: ‘ The Gen-
«ral Assembly shall provide by law for
the selection of upright and intelligent
persons to serve as jurors. There shall
be u i distinction between the clas-es of
poisons who compose grand and petit ju
ries ” The third sentence refers to the
compensation of jurors.
On the 15th of February, 1869, the
General As emb-y passed an act to carry
this clause int > elfect. This act contains
18 sections; I will give the substance of
so much of it as is pertinently applicable
to the subject now uefore the Court. It
makes it the duty of the ordinary of eacli
oonut.y together with the clerk of the Su
perior Court and thiee commissioners
appointed for each county by the Judge
of the Superior Court., to meet at tne
Court Uutibe, ou the first Mommy in
June, bi ennially, to select from the book
of the receiver of tax returns, “upright,
and intelligent persons” to serve as ju
rors, and to make out tickets, with the
names of the persons so select
ed, and place them in a box,
which shall be locked and sealed by
the Judge. And no giuud or petit-jury
shall lie drawn but in the presence of
the Judge in open Court. But (by sec
tion 3) if the Judge should fail to draw
juries, theu the Ordinary , together with
the Commissioners and Clerk of said
county, shall meet at the Court H..use,
within a certain time, and there draw
grand anil petit juries, nil of which shall
be entered by tne Clerk on the minutes
of the Court and signed by the Ordinary.
A perusal of the act just referr, d to,
and which is entitled “Au nc f to c :rry
into effect the 2d clause of the 13th sec
tion of the 5th article ot the Ooustitu-
lion,” will disclose the fact, that although
it provides that the persons selected to
serve as jurors shall be “upright aud iu-
tellig, nt,” (using tho words of the Con
stitution): yet it does not speak of the
second, and very important, sentence
which declares: “there shall be no dis
tinction between classes ot persons who
compose the grand and petit juries.”
Was this a casus am issue? Looking to
tlie title of the act, there would appear
to be some possible ground for this.
But does not this very sentence carry
itself in*o effect without legislative aid?
Is it nut per se operative and to be
obeyed; and was not this probaoly the
opinion of the Legislature?
My mind has always been impressed,
notwithstanding the omission, with rea
sons too cogent to be discarded, that it
was the purpose of the Legislu ure, by
this enactmeut, to carry theentue clause
into effect, and not to give force to a part
only. One of the other of the reasons
which I have presented must, l 'liuk, be
true. During the fir-t term of th s Court,
after its organization, in framing the
jury rule (to tie considered presently) the
substance of the second sentence was in
corporated into it. If this sentence is
dormant, and require Legislation to bring
it into action, then I may inquire was the
embodying ot the substauce of the sen
tence in the rules of court, going beyond
the pale of the act of February 15, 1869,
giving to it at least, a too clastic con
struction ? It the practical working of
the act, in this Judicial District, uutil
the making of the rule just alluded to,
is to be the guide, it would be d’fficult,
I apprehend, to answer this question in
the negative.
By a rule of the Uuited States District
Court (having Circuit Court jurisdiction)
for this District, adopted at the March
term, 1871, the Marshal was instructed
to procure from the Superior Court Clerk
for each county, comprising this District,
a certain number of names of the “ most
upright and intelligent persons,” be
tween the ages of twenty-one and sixty
years, to be taken from the jury lists of
the county, without regard to race or
color. Comment was made by learned
counsel on both sides, during argument,
on the insertion of the word “most” be
fore and in connection with, “ upright
and intelligent,” in the rule of the Dis
trict Court. Whether the word “ most”
was in the draft of the rule which I
wrote, I do not now remember; if so, it
was unadvisedly there. But what im
pediment could it have been to justice ?
Can either aide complain ? Was’cot the
wor d» by fair intendment, to apply to
eneh class, white or colored ? At most,
the word but expressed moral fitness as
•ecnasiu-y to the end proposed. Bat to
return; nearly seventeen hundred names
»*e forwarded to the M^hai (before
Jfc* abrogation of this role) by these
°~*s who responded to his request, and
.Or wnjc* tor- •overnmon • -%iC them.
I While this rule was of force, more than
two hnodred aud fifty names were drawn
| from the jury box by tue Court or its
|« ffioers, rlie Marshal aud Clerk; but
trunge as it may appear, evtry faillot
' drawn from the box coucaiued the aame
1 of a unite person. Now, as th*- ratio of
tbe classes, in this Judicial District,
has been for years past, *s eigiit white
j to five colored, or nearly so, it is obvi
ous to tho common uiinJ that that mod*:
of lUtignating or s-lect'ng thi-se jurors,
cast the entire burden of jury servt- e in
, the Federal Court up >uou - of the classes
only—white citizen.-*; thus relea&ir.g col
ored citizens who possessed the constitu
tional and statutory qualifications f >r ju
rors from the performance oi. a duiv
whicii they, equally wi n rue qualified
wuite citizens, owed to their country.
Not oniy the Constitution oi this State,
but the recent Amendments to theNa
tiontil Constitution, have made the col
ored man a ci"zen, habili ating him
with all the rignts, privileg.-s and immu
nities enjoyed by the while citiz -n; rher* -
fore, he should perform bis part of tne
public labor.
On tue 1st of Jnn-, 1872 Congress
passed an act taking away tne Circuit
Court power from tin Distriet Court f ■r
this Distiiet, and establishing a s-p irate
Circuit Court. At the first term >i rule
of court was adopted, aud it was under
rh.s rnle,tbat the persons now in 'h*“ Tra
verse jury box were designated, summon
ed nun empanneled. But before passing
to this rule it may not be wholely amis*
to mention that it is a copy—mululis mu
tandis—of the rule which met the sanc
tion of, and was adopted by the United
States Circuit Court for the Southern
District of this State, at the last Novem
her term. The court was composed of
Woods, Circuit Judge, and Ersktae, Dis
trict Judge.
ORDER OF COURT AMENDING JURY RULES.
The court shall appoiar three of the
United States Commissioners residing in
the Northern District of Geoigia, and the
said Commissioners with the Marshal
foi the District, of Georgia au l the. Clerk
of the Court shaii, within ten days after
the adjourumeu’ o. this court, select
from the oody ot the Northern Dist
net of Georgia five hundred up
right and intelligent persons, citizens of
sod district, between the ages ot 21 aud
60 years, without regard to race, color or
pri vious condition, to serve as jurors.
And tue Clerk of tbe District aud Cir
cuit Courts for said district aud Mir-ha;
shall place the names of tbe persons so
selected in a box, from which they shall
draw, within ten days after said names
ms i-o deposited, not less than 45 nor
more than 50 names, unless otherwise
ordered by a Judge, to serve as jurors in
tne Circuit Court, aud not iess than 45
nor more than 50 names, unless other
wise ordertd by tbe Judge, to serve as
jurors iu the District Court. And the
first 24 uamts so drawn f >r eaen court
shall be the grand jurors for such court
unless the court or a judge shall other
wise order.
Aud within thirty days after each suc
ceeding term of said courts respectively,
unless previously drawn by the court; it
shall be the duty of tbe Marshal and
Clerk to draw from said box, in th-
manner before stated, the same number
of jurors to nerve at tbe next succeeding
term of said Courts respectively, unless
the number is changed by the Judge.
And if, from any cause, they be unable
to procure from the district, as before
required, tlie requisite number of quali
fied jurors -then, in that event, the
names of those they have been able to
obtain shall constitute the list from whioh
said jurors shall be taken, and the names
of tho-e so drawn shall be placed in
another comnartment of said box, there
to remain until all the names shall have
been drawn from the first compartment.
The said box shall be kept locked except
when opened for the purpose of drawing
or revising the list, aud the Clerk shall
keep the box and the Marshal the key.
If from failure to draw, as hereinbefore
directed, or from any other cause, there
shall be a deficiency in whoie or in part
of regular jurors, the court may o-der
that upright and int lligent persons from
the body of the district snail be forth
with summoned as jurors or talesmen as
the case may be.
If the court should not. sit at any term,
the jurors drawn for that term shall
stand over for the next term that shall
be held.
The Marshal shall summon jurors by
delivering to each personally, or oy leav
ing it at his usdsI residence, a written
or printed summons.
The Marshal, the Clerk, and any one
of said commissioners shall constitnte a
quorum for the purpose of carrying in
to effect this rule. And a Deputy Mar
shal may, in any case, whether in se
lecting or drawing jurors, or otherwise
in the premises embraced iu this rule,
do whatever tbe Marshal may himself
do.—December 16, 1872.
Amendment December 23, 1875, Or
dered—that the name of each juror se
lected in conformity to said rule, be
written in full, together with the county
of his residence, ou a separate piece ov
slip of paper, and also entered on a book
to be kept by the Clerk of said Court.
Each ballot shall be so rolled that neither
the name or the county can be seen. The
ballots shall then be placed in the box
and tborongbly mixed, and when a bal
lot is drawn therefrom by the court, or
the officers appointed to draw, it 6hail
be unrolled and entered on the venire or
on a paper to be attached thereto.
Attention is directed to the act of Jnly
20, 1840. 5 Statutes 391; (1) “Jurors,”
says the Act, “to serve in the Courts of
the United States’ in each State, respect
ively, shall have the alike qnalifications,
and be entitled to the like exemptions as
jurors of the highest Court of Law of
such State now have and are entitled to,
and shall, hereafter, from time to time,
have and be entitled to; (2) and shall be
designated by ballot, lot or otherwise,
according to the mode of forming Ju
ries now practiced and hereafter to be
practiced therein, in so far os such mode
may be practicable by the Courts of the
United States, or the offices thereof; (3)
and for this purpose, the said Courts
shall have power to make all necessary
rules and regulations for conforming the
designating and empanneling of
juries in substance to tbe laws and
regulations of snch State; (4) and
further, shall have power, by rule or or
der, from time to time, to conform the
same to any change in' these respects
which may be hereafter adopted by the
Legislatures of the respective States for
the State Courts.”
For oonvenianoe in the endeavor to
interpret and oonstrue this act, the clauses
have been marked l, 3, 3, 4. L The
qualifications of jurors as mental capa
bility. residence sg«. etc Tbeaaeond
I section of the first article of the Consti
tute m says: “All persons born in the
| Uuited States and residents of this State,
j ure hereby declared to be citizens of this
| State.” The requisite qualifications for
persons to serve as jurors in the highest
courts of law in this State, as declared
by its Constitution and laws, are that
tbet be “upright and intelligent persons;
that tfiey have res.ded in the county for
six months immediately before iluy are
called noon to serve,” and grand or petit
jurors; that they are “above the age ot
twenty-one years and under the age of
t-ixty years.” (Code, sections3841,3858 )
No property qualification is required iu
this State for a juror, and if it is not a
mere rule of convenience for Ordinaries,
Clerks and Commissioners, to select
jorors from r he book of the receiver of
iax returns, aud it be a necessary qualifi
cation that the juror must be a tax-payer,
then that qualification is in*tlud*-u in the
qualification of uge. (Acts of March 18.
1869, and<>f Jail 19,1872.) Tube “white”
was anoiher qualification for a juror, but
tbmnolonK t exists. (StateCons-itution
sup) a.) I*, is unnecessary to speak here of
ex* mptioi)8 under the State laws, from
jury duty in the State courts, foi tbe
principle is that those who are exempt
trom serving ou juries are not thereby,
unless there be some statutory regula
tions, or perhaps usage disqualified trom
doing so. The language employed by
Congress in this ciause of the act of 1840
is direct and positive; it is also manda
tory to the Federal Courts, that jurors to
serve therein shall have like qualifica
tions and be entitled to like exemptions
as those of tbe highest courts of law in
the State where the National Court is
held. Under this cluuse, no discretion
is given to the court.
Causes 2, 3 and 4 may be considere
together. They provide for tho desig
nating or selecting of jurors by ballot,
lot or otherwise, according to the mode
of forming juries as practiced in the
State, wherem the Federal Courtis being
held, so far as such mode may be prac
ticable by said Courts or its officers, giv
ing the power to said courts to make all
necessary rules aud regulations for con
forming and adopting the designation
and impauueling of jurors in substance,
to the laws and usages in force in the
Slate at the time. Now, it was eon-
teu led by counsel for the challenger, tnat
for the designating or selecting of quali
fied persons to serve as jurors in this
Court, State officers, for example a board,
comprising tbe Ordinary of the county,
tho Superior Court Clerk, and also
three Commissioners appointed by the
Judge of the Superior Court, is the
proper agency to act in the premises;
that it, and not the National Court
or its officers, is the touchstone to dis
cover and the agent to designate each
particular juror to serve in this Court
from the list of the books ol the receiver
of tax returns. The employment of State
agents to designate or select jurors for
the United States Courts wes not |iu u y
opinion, contemplated by Congress in
making this law. The language of ti.e
act is, that the jurors “shall be desig
nated by ballot, lot or otherwise, accord
ing to the mode of forming juries now
practiced and hereafter to be practiced
therein, in so far as such mole may be
practicable by tne Courts of the United
States or the officers thereof.” Is it not
the plain meaui g of this that the desig
nation or selection is to be made by the
National and not the State officers ? But
the argument of counsel, iu in? tenor, in
dicated that, at least, if the officers of
this Court are to designate or select its
iurore, the names should be taken trom
the list of tax-payers, in each county in
the district, found on the Tax Receiver’s
books. If jurors, as the rule requires,
are to be taken from the district at large,
this would be virtually impracticable.
Aud, even if it were practicable to thus
select them, I do not think the statute
requires it to be done. The legal object
is toselect persons who possess the quali
fications ; it is not the mode in which
this is to be accomplished that is impera
tive upon the court; in this matter a
large discretion has been bestowed upon
it by the statute itseif. The act says that
the court shall have the power to make
all necessary rnie3 and regulations for
conforming the designation and empan-
nelling of jurors, in substance, to the laws
and usages in force in the State.
Objection to the rule was urged by
counsel for the challenger, “because the
rule of court under which the jnry was
selected snd empanneled, limits the num
ber of juors in this distiiet to five hun
dred.” I have looked into this question
and I find nothing in any of the laws of
Congress as to what number shall be de
signated or selected. The act3 of 1789
and 1840 apply only to the mode of select
ing jurors and not to the number.
Counsel relied on the 5th section of the
act of Congress of June 1, 1872,17 Stats.,
196. This section declares (in substance)
that the United States Courts shall con
form, as near as may be, to the practice,
pleadings and modes and forms of pro
ceeding in other than equity and admir
alty causes, as they may exist in like
causes in the courts of record in the State
at the time of holding the United States
Court therein. The act has no reference
to the designating or selecting of jurors ;
nor, in my opinion, has it any applica
tion to the practice, pleadings or modes
of proceeding in criminal cases.
The case of United States vs. Wilson,
6, McLean, 6 9, was read and earnestly
discussed. Two questions were before
the Court, for decision. The first was
the construction of the act of July 20,
1840. Speaking of the first clause of the
Act, Wilson, jr., said: “ So far as relates
to the qualifications and exemptions of
Federal jurors, the Courts have no dis
cretion.” And in construing other por
tions of the Act, which he quotes from:
“ and for this purpose the said courts
shall have the power to mpke all the ne
cessary rules etc.” to this end. The
learned Judge said; “The courts from
necessity were to exercise a discretion as
to the practicability of designating and
empannelling jurors according to the
mode prescribed for selecting juries of
the highest Courts ol law in the State.
They have the power and discretion to
change the mode from time to time.
The Court may exercise the power or re
train to exercise it, as it may now deem
practicable. ” The other question for de
cision was whether a grand jury, con
sisting of fifteen members, fourteen of
them—the fifteenth being absent—re-
torn a true bill into court, the indict
ment was well found. The Court bold it
was. But it further held, that if a grand
jury has even one disqualified person on
the panel the whole jury is tainted and
and an indictment found by such body
would be void. And this has been the
prevails in this country. 2 Pick. 549; 17
Ohio—Doyle vs. The State.
Council also relied on Clinton vs.
Englebrecht—13 Wall, 434. This case
arose exclusively under a law of the Ter
ritory of Utah. The court tbere, acting
on the theory that it was a court of the
United States, issued an open venire to
the Marshal, acting apparently on the
hypothesis that it was to be governed iu
the selection ot jurors, by tue ac'.s o
Congress. Chief Justice Chase, in de
livering the opinion of the court, held,
ttiac the territorial court erred, both iu
its theory and its action; and that the
making up of the lists and all matters
connected with the designation of the
juries were subject to ti e territorial
laws.
Reliance was likewise p aced by coun
sel for the challenger c n the case of the
Uuited States vs. Woodruff—4 MeLeau,
105. The defendant objected to a trial,
on the ground that tbe jurors had not
been selected conformably to the act of
Congress of July 20, 1840. The court,
Mr. Justice McLean, in delivering the
judgment, sad:
“By an early rule of this Court »he
clerk is required to issue a renirie facias,
commanding the Marshal to summons
twenty-four persons to serve as traverse
jurors. * * * * j}y tne act ot Illi
nois of the 3 1 of March, 1845, for the se
lection of jurois, it is made the duty o
the county commissioners to select ju
rors. Now this Court cannot«all upon
the officers of the State to do this duty,
but we arc bound to conform, as nearly
as may be, to tbe State practice. The
venire under the above rules, leaves the
selection of the juries to the Marshal as
his couven • nee shall permit. Th s does
not, therefore, conform to the State prac
tice. Tne jurisdiction of this Court ix
tends throughout tue State, consequently
the jurors should bo selected from the
State at large, and their names should be
inserted iu the venire. The Court will,
therefore, adopt a rale requiring the
Clerk ami Marshal to select the jurors
from the State at large, previous to each
term, aud to conform, iu doing so, as
near to the State practice as may be
practicable.”
The case of toe United States vs. Wil
son, instead of showing that the rule is
not in conformity to the laws of Con
gress, is, to my mind, au authority
which sustains its legality. The case of
the Uuited States vs. Woodruff is so di
rectly applicable, so fu.ly covers the
whole question, and so clearly supports
the rule, that no other authority need b**
au verted to or invoked.
Tlie motion to quash the array is over
ruled.
Fiie-ct in Ciurfc the 17th of March,
1S73.
For tho chailengcr—Mr. L. J. Gar-
tred, Peeples & Howell and Mr. B. H.
Hill.
For the United States Mr. Farrow,
United States Attorney, Mr. Stone and
Mr. Thomas, United Stat< s assistant At
torneys and Mr. Akernann.
Southern Nurseries
IRWtS «Si rill’iuiosn, . . Proprietors,
HE offering to tho public a selection of Fruit
l. ADAPTED TO TP. L SOUTHERN CLIMATE, of
Apples, Pears, Peaches, Plums, Cherries, Grapes,
Quinces, Raspberries, Stravbcrri.-s, Goose
berries, Currants, English Walnuts,
Spani«h Cli-Btnuts, Pecans,
and everything else that is usually kept in a well-
regulated Nursery.
Our * LORAL DEPARTMENT is complete, and
we are ottering Ho, House Plants and Ornamental
Shrubbery at prices th*t dety competition. We war
rant our Fruit being true to name. We will send
Catalogue upon application, gratis. Address
IRWIN & THURMOND,
feb8-dltwly P O. Box 565, Atlanta. U»
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C t EOIHJIA T aliaferro County:
Jf Whereas, Robeit H. Rhodes ap-
lies to me tor Letters of Administration de bonis
non on the estate cf Martin Woodall, deceased.—
These are therefore to cite all persons concerned to
show cause, if any thev have, within the time pre
scribed by law, why said letters should not be
granted.
Given under my hand, at office in Crawfordville,
this January 18ih, 1873.
CHARLES A. BEAZLEY,
jan23 Ordinary.
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In these reppec*s wa Invite a Comparison, aud war.
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I
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G
EOUGIA—Oglethorpe County:
Whereas, Asa J. Howard and George W. White
head. Executors of John A, Glenn, deceased, late o
said county, applies to me for letters of dismissio
from said estate.
This is therefore to cite and admonish all and
singular, kindred and creditors of said deceased, to
be and appear at my office, in Lexington, Ga., on
the first Monday in April, 1873, to show cause, if
Eny they can,why said letters should not be granted.
R. R. MITCHELL, Ordinary O. C.
Lexington. January 1. 1873. ae3
In the Distriet Court or tue Coiled
States, Northern District or Georgia.
U nlilio JET o wo,
Wi.ose combination of Mechanism was per.ect from
the first; besides now owning and has adopted all
the LATEST IMPROVED ATTACHMENTS.
E. J. HALE & tiON, 17 Murray 8tre .
New York, have juet issued
A SCHOOL HIST0R-,
©/ the I n Uni states
By HON. ALEX. H. STEPHEN
Professor of History aud Politic*! s,
ence in the University of Georgia.
TEWTLMONIALs.
A Review, by Rev. i>. WIdL8 D t
President of Oglethorpe Un’ivwJ
Atlanta, Ga.:
This valuaolo work, which has been a-,
looked for, has i ecently appeared iu a d. c ?.i "
tractive and popular torm. Its tyuograi,-'*
mechanical exeouuoi reflects credit ou ' i l '
which has issued it, ud its convenient ,1“ ti
binding, and happy i -angement into , .V'
sections, admirably . tapi it to the J- l -
»nd colleges. As a t itb ok. wo predict i , ■!
com pend a hearty and #xumsive adoptioa 7, : -
work tor general instruction no reader la th ** 1
ought to be without a copy ot it. t he 0f ‘ t -
pie may be justly proud ot this u< hie i .i-t'.f**'|
to their growing literature, ana the gr&i.d , ‘
mou stealth of Georgia will doubtless, . ; 5
pteeiation of the industry, pairiuiisui au '
her distinguished sou by giving this rich 7’'*'
volume a cordial welcome to the thousai
liuelligent and hapo>- households. We I
this « ork of the gaca: Georgian is dceuusj,
come the standard of hiatoDc truth atni V ■ '
for centuries to come, lust as Mr Step he: , 7
tue War Between the St .tea is acknowie ■ , i , 1
the most complete and triumphant Mudn., . '
the Southern people ever placed ou record
From Rev. J. J. BRANTLEY, D D
Professor of Belles Lettresanti’..,,^
Languages, Mercer University,Mw„-'
Georgia ;
l think you are tc be congratulated on him. J
brought out a school History, which, „n account-
l's fairness, its Southern origin, and esne, vv th 1
fulless and accuracy of the later politics, histurt * '
the country, ought to supersede all other. u t
From Hon. MILLARD FILLM0RF
late President ot the United Sf.ites; 1
I think it exceedingly well written, am! adm,.
well calculated for academies and sdm i.
cessarily greatly coud used, hut it seems tu«>nw:
the pith and marrow of our histoij, mm ^
lews, out a
tinned, as was natural, with southern
impartial as any we o*u expect at this rum
trom tne North or South. 1 regard Mr. MepimcTs
one of our ablest statesmen, ami certain,y Yen'lv-
peteut to write a history ot the United stat.
From Hon. HERHC’HEL V. JOHNSON r I
The method of the work n admirable. Lull ' . I I
ture is distinct; each is in us appropriate place; t I
they are so i ounected and grouped as to present: | I
tlie unnd’s eye a clear, int, lligible ami hirimmiet I i
sketch ot the hint ty of tin- Luited states, from c ' ■
onial lUtancy to prceeuv development—accurate - i
its delineations, and copious, out sun compendious* 1
iu Its details. The work is admirably suited totht «
use of schools aud the higher institutio s . i1
iug. It would be unjust to omit to say ihattlo ■
book, as to material, it ■ -u up iu most > xc=Ueni ]
style.
From Prof. RICHARD M.JOHN8TON, I I
of Pen Lucy Institute, Maryland :
I regard the Compendium of the History ,,f th* I
United States, by tlou. Alexander B. atuphena, i J
most important addition to American literature. 1; j
is a book for the schoolroom, the College, the Cl- ■
versity, aud every library. Though severely era. 1
densed, yut it is most conn,Into ami perspicu-rj*. fc ■
u which an Amtt
my opimou it is the only history iu ■
Such is the desire to obtain the HOWE MACHINE
that, although now manufacturing ONE THOUSAND
PER DAY, it is unequal to tne demand.
We respect,ully inv.te all persons desirous of pur
chasing A FIRST-CLASS MACHINE, on LIBERAL
'1EKMS, to call at our office and examine lor them
selves.
THE HOWE MACHINE COMPANY.
feb!6 •
GROCJEKIE©,
WINEH,
LIQUOR©.
THOMAS M- GREEN,
88 W Balto. St., near Hf liiduy,
Pino Groceries of all Kinds,
Dealer in English and American
IMoltlors, Capers and [Condi
ments, Olives. Italian Mao-
eli*on I and Vernieoilla,
Fresh Canned Fruits of all kinds, Canned Meats
and Fish, Foreign and Domestic Preserves
and Jellies. I have on hand a fine
stock of OLD
BRjiJVMES,
H'lJTES,
WHISKIES,
.i.v« gut
Wbf ;h I ofter to HOTEL KEEPERS at; the
lowest prices, and ask a oail.
I am prepared to offer great lndncemen
to customers, WHOLESALE and RETAIL.*
A call is solicited.
TIIOMAH M. G KEEN,
88 W. Baltimore st., near Holliday,
nov!9-tf Baltimore, Md
The Brown Cotton Gin.
P LANTERS shonld examine the above named
old and reliable Gin before buying any other. It
combines the required qualities of simplicity,
strength aud durability, it gins last aud clean,
makes excellent lint (often bringing >,c. to >}c. per
ib. above market.) aud iBuniversally admitted to be
the lightest running gin made We have had thirty
yeais’ experience in tho i usiness, and warrant every
gin perfect. Gins constantly in the hands of our
agents, to which we invite inspection.
Circu’ars, with testimonials and full particulars,
may be had by a 1 dressing,
ISRAEL F. BROWN, President,
Brown Cotton Gin Co.,
New London, Conn.
ANDERSON & WELS, Agents, Atlanta, Ga.
feb23dUw4m
ioan. whether youth or a luliman, may limi a ju*
account of the basis ou whicn the Constitution and I
Government of his country were founded. Even
one, and especially every student, should hav» i
From Prof. E. A. bi'EED, of Mercer I
University :
Those Teachers in tho South who have taught lie H
History of the United States since the war w ill re- H
jolce when they see this book. They will be enje H
cially pieasod with tlui, portion of the History )«• ■
laming to the latt war. because in this part dike V
work they will find wnat has not yet before metmj 9
eye in schoolbooks: a air unprejudiced atalexect M
of facts cjune. tod with the bloody war between fee «
States Southern youth can read in this book I
truthful history of our great struggle for free gov- a
eminent by one who ib, ot ail others, niostiunipe- J
tent to write such a work. Let them read it, study ■
it, and heed its lessons of wisdom.
From the N.Y. EVENING TELEGRAM
It is a notorious tact that even in colleges little at
tention is paid to the philasophy of politics.
eta i
Mr. Stephota supplies this knowledge. From the
discovery oi Columbus to the establishment of
American Independence, he carries tho reader
quickly and gracefully through all of tbe leading
events that transpired, developing tiose facts in
olonial history which led to tlye organization and
rowth of the present lorm of government
“In the treatment of these various subjects, Mr.
Stephens is not a partisan. He addresses his read
ers from a point of view far above the influence of
passion or prejudice, and in the statement of facts,to
which he mainly confines his work, there is an cl-
hibitiou of impartiality that lorbids the question
whether this man who thus summarizes the history
of bis country is from the North, south, East or
West.
The book is apropos to the times. Itabounds in
information with which every American citizen
ought to be familiar, aud w hich he will hot hud com
plied elsewhere. For the youth ol the land it will
prove Invaluable, aud we btiieve that teachers
throughout the country will adopt it as a substitute
for all other histories of the United states, as soon
as they become familiar with its pages, aud observe
with what tact and impressiveness the distinguished
author has arrayed his knowledge to the end that it
may be most easily and eagerly acquired by the
young.
ROM THE EATONTON PRESS AND MES
SENGER.
Let it be Introduced into the lamily jircle, into
the school-room—everywhere over this broad land
For it not only is instructive as well as ehiertauun.'
to youth, but is a most useful compendium for a-
grown-up people who desire to be well iutomed.'
In the matter of Algernon S. Talley—in Bankruptcy.
rj^HIS is to give notice, once a week for three
doctrine M to grand juries in England
for the pact foor hundred jean, and it
wee&s, that I have been appoiated Assignee of
the estate of Algernon 8. Talley, of Atlanta, in said
District, who has been adjudged a bankrupt on his
own petition, by the District Court of said District,
March 3d, 1873. NO\H R. FOWLER,
mh7w3w of Atlanta, Assignee.
A. F. SAUER & CO.,
Silver-Plated.
Sash and Show Case
MANUFACTORY
161 W. Lombard St., Baltimore, Md.
W Fancy Metal Work of every description,
maa* Store end Office Fixtures « every design
tade to order,
nldffi* Paste Glees end Glees Pistes ot ell sixes far.
■bed end set.
•election of !how Cnees, in Silver ev
Welmel rraueei, aJvrajn on Hand.
tn-wlf
Established 14 Years
J S TJJS'OJ It ft IJV 8 T t T U T I o jy.
Largest, Cheapet-t and BeM in the South.
o c
TONDUCTED on actual Business Principles; sup
plied with Banking and other offices; com
bining every known facility for imparting a thorough
practical Business Education In the shortest pos-
s.ble time and et the least expense. The advantages
«re greeter and the expenses from fifteen to twenty
per cent, iess than it will cost a student to attend
second claps Business Schools.
The established reputation of this Institution, Its
efficient end oombined course of study through the
operations In the Actual Business Department, end
the euooeas of the graduates ranks it the
LEADING BUSniEBB SCHOOL Of THE SOUTH.
am dents admitted at any time. No teaching In
etseess Business Advocate mailed to any add
Fun. Address B ». MOORE .A. V
Ha Marly
From tun WILMINGTON STAB. »
As a school comucud this work is a success it jv
every way. It gives a prominence to leading politi- B
cal events, aud tbesc arc made to subservo uu part. )
san interns* whatever. Tbe book is absolutely fr-s p
from sectional coloring, though it is the productive
of one ot the great leaders oi Southern .huucl.t i
himself an actor in some ol thv grand scenes he d - 1
scribes. From i cion perusal of that part of ted
boos commencing with the chapter conta'ning -
ac -ount ot F eree’s administration, and subsequent
chapters turough to the beginning of the curr*--I l
year, we are satisfied Mr. Stephens has given a tr .* I |
unvarnished, lively picture of the tremendous t- I I
tation through which the country has passed dur.b I |
two decades of her history.
All the prominent occurrences, civil and miliu;. 1 M
of the war between tne States, are sketched in rap-- n
but distinct outline. Mr, Stephens’ style is ear? 11
terse, pure, graceful and strong He makes no Bp' - *- l
effort, as most of school-1;:story writers do, to wriKH
down to the comprehension of his juvenile r. ail' ri ■
But there is nothing in style or details that M
simplest intellect cannor grasp.”
From the TOLEDO (Ohio) SUN.
The worn as a Text-Book on Schools and College*
is one of the best condensed histories of the rein
states we have had the pleasure of perusing. It 1
amply illustrated with portraits of eminent men v-
figure in American history, battle scenes, and R*
coats of arms of the different States.
NOTICE BY THE PUBLISHERS.
This Compendium of History shou.-
be in every Schoolroom and every Li
brary in the United States. It is th*
History of the country—a necessity to »
who wish) to know what La been don*
and why it has been done, b> those wL;
made and those who have administer:
the Government of these States. It pre
sents not only the unmaimed body ot o-'
History, but its pervading spirit, at-
will prove a Yade Mecum to both studer.’
and statesman. The volume—12mo..
513 pages, with numerous illustrations-;
is lusiitifnllv nrintpd snd HtrODclv AI*d
is bsAutifnJlv printed and strongly a
tastefully bound. Price, $1 50, Mail** 1 ’
postpaid, on receipt of the price. 1®
teachers for examination half price; t> n
wnen to be forwarded by mail, 25c. mm
be aaaea lor postage. Very liberal term
made for introduction tato Schools »&
Colleges.
E. J. HALE k SON 17 Murry sire*
New York
Arm York, Aug. 26, 1872.