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-*jpv—— - .# I 1-. ** * ts VOL. 2—NO. 107. SAVANNAH, GEORGIA, >TtJ18Kl)AY, MAY 15. 1866. PRICE, 5 CENTS. I Oailv News and Herald, PUBLISHED BI s. w. MASON. jll Hat Stbeet, Savannah, Oeo .Five Cents. $S feu. $10 00. i I) V Hi T i E I K U ; *vi!; ■*» P f ' r ^ r i' iarc of Yen Lines for first in- " (<iir Dollar for each subsequent one.. , f O» PRINTING, . neatly and promptly done. Opening of the Superior Court. Superi or Court, Hon. Win. B. Fleming pre- omwenced its May term yesterday morning. •„ e organization of the Court, His Honor de- totbe^rand Jury the able charge which we ib below. / iug named gentlemen comprise the Grand Yrthfc present term of the Superior Court: - jmIu H. Miller, Foreman. ... £. Robinson, Elisha iiagar, Chas. F. Preston, r. )iclntire, Archibald C. Davenport, W. T. Cliap- WilericL W. Sima, Silas M. folding, Hugh M. r, Eben W. Gifford, Henry R. Christian, John . .;d, Israel Dasher, Thomas H. Harden, Edgar . rard, C. C. Miller, John Savage, Dr. F. Y. Clark, I .j lander Doylo. .„raud Jury found true bills yesterday against wing persons : „.vh. Michael Burns, entering a shop with iuten- -;tal ; State vs. Julia McKean, simple larceny; i*. Daniel Roche, larceny; State vs. John D. k ;j, simple larceny ; State vs. Edward Fagan, . Arceuy ; Slate vs. M. E. Williams, assault and : i state vs. William Royal, (colored,) simple I .,- r ibe finding of the true bilils by the Grand ^ tie court was adjourned until 10 o’clock this The petit jury will be engaged in the trial rises, during the present week. The criminal . - be taken up on Monday next. £ FLEMING’S CHABQE XO TUE OBaN'D JUBY. v.uia ond Gentlemen of the Grand Jury: I . i , Term of this Court 1 charged the Grand n effect that, although by the laws of Georgia, , i color were triable in this Court for certain '] vet that they must not consider or present -Jagainst a person of color for the reason that ^idgmeut of those who had the power (I don’t . riditjto decide in the matter it was deemed ituut with the (then) condition of things that .. tJ ] color should bo tried here. Since that "J.-ro ha* been a great change. 1 don’t refer to r.l Rights bill, out to the legislation of Geor- h baa blotted from our statute book all dis cus on account of color, and Llie negro lo- . ur own legislation, the authority of which .rccaguize, stands upon tlm same footing in tho r "‘ of Georgia as the white man. This being the it tor granted that as the negro has the in this Court as the white man, and in L* r; n 'bt« bo long as I occupy this seat ho shall be .,,1, he must also be subject to the same liabil- Hc i», therefore, now triable here, not only-for .ffeuces, but for every olfence with which he . barged, provided it be an offonce for whiclia .jii may be tried here. Gov. Jenkins in his recent ition says, “Ihave high authority for saying ^ i'resideu t’s proclamation does not remove mar- < r operate in any way upon tho Freodmen’s Bu- tbe exercise of its legitimate jurisdiction, is not deemed expedient to resort to military r in any case where justice can he attained i the medium of civil authorityAccording here is, it seems, a class of cases over which courts will not be allowed to take jurisdiction, we cases in which justice cannot be attained the medium of civil authority. Are there ■::h cases ? If there be I am not aware of it. I -.understand Governor Jenkins as saying there :.a cases; ho onlj- gives us the opinion of the Mihority upon which ho speaks. That high au- bas certainly done great injustice to the niagis- . Georgia in assuming that there are cases in . istice cannot be attained before the civil tri- • Ii that high authority had given us the ear • t these cases, so that wo could know them, I xitruet you to avoid them. But wo are in the » : what cases are intended. I must therefore uthat it is your duty to present all viola- .! the law that may have taken placfc within the » ; v.iur county of which you inav have kuowv : which may be brought to your notice. If in you should happen to stumble upon lor* Lust-s, it will be the fault of those who have ...a u» auiheient light to guide us in our duties. . is I aui able I respond most cheerfully to the Li: Excellency the Governor upon the civil au- tu assume and t*> exercise in perfect fairness vu. tho jurisdiction clearly restored to this It 1 g-» beyond this it will be tho result of ig- | | •*- -in ignorance for which I cannot be hold re- .•. ior although told that there are rocks upon .1 may run, I have been furnished with no chart ■ . their position. I am told, in general .at tiicre are cases in which justice cannot be . i Lure. 1 have only to say, and I say it in all oil truth, that I know of no such case. Lot 1 do not mean to say that there not to be influenced in your action by any private mo tive, but entirely from a sense of public duty. This you understand, and this I knowyou will do. Let no position, however high, be a protection—let no posi tion, however low, be a cause for harshness. Forget alike your f»- ...ships and your enmities; do justice to all; prep'. al things truly, and as they come to your knowic. ge. There is a distinction in regard to offences of which it is, perhaps, proper to remind you. As to offences of which you may have had knowledge as individuals before you were sworn as a Grand Inquest, the law leaves it optional with you whether you present them or not, but in regard to offences of which you may be informed as a Grand Inquest, and while you are act ing as such, you have no option; it is your sworn duty to present them for the consideration of the court. And even in regard to offences of which you may have had knowledge before you were sworn, whilst it is not your sworn duty to present them, yet as good citizens, as law-abiding men, as men interested in the well being of the community in which you are living, 1 would say that it is your duty to present them also for the consideration of the court. So much for your oath as a Grand Inquest. There is however, an oath you have. taken, and to that oath I ask your attention for a brief moment. It makes out your duty as special jurors for trial of civil cases. By that oath you^wear “well and truly to try each cause submitted to you during the present term, and a true verdict give according to the law as given yon in charge, and your opinion of the evidence produced to you.'* According to the law as given you in charge. This you see leaves the la <v entirely with the court. It is uot with you to say what the law is, or what it ought to be—it is not with you to say whether the court is right or wrong, but it is your duty, your sworn duty to take the law as the court shall give it to you. Lord Mansfield says, that the fundamental definition of triul by jury dei>enda upon the univer sal maxim which is without an exception. That max im is this : Ad questlonem juris non respondent juratores adquestionemfacli non respondent judices. In plain English'Jurors must not decide questions of law; Judges must decide questions of fact. Lord Mansfield says the maxim is without exception. Many able and learned men have advocated a con trary opinion. So far as I am informed, however, the exceptions contended for have been confined exclusively to criminal cases, the question most fre quently arising in cases of prosecution for libel. The opinion of Lord Mansfield on this subject, you all know, is the ground of a most virulent attack against him in one of the papers of Junius. This question, however, cannot arise in Georgia, for by statute in criminal cases jurors are made judges of the law as well as of the fact. But we are now considering the duty of jurors in civil cases; and in regard to civil cases the maxim is without exception. If there ever had been doubt, there can be no doubt now, for the. language of your oath settles the matter. Thus your oath is the charter; the warrant alike of your duty and your power. The principle, however, does not date from the act prescribing your oath. It was always your duty; it never was intended that juries should decide questions of law. Mr. Justice Ashhurst, in the case of the Dean of St. Asaph, ad mits that juries have the power to decide a question of law; but the power, he admits, is the power of any man to do wrong. If (so says he) “a man has a pistol at your head, he has a power to take away your life; ifc does not follow that he has the right. So it is witti re spect to the province of the Judge and jury. I look upon it the jury have no “more right to find against tho direction of the Judge in a case where a matter is concerned, than a man has to take away your life in the matter above mentioned.’’ In many questions it may be difficult to point out tlie exact distinction between matters of fact And questions of law, or prescribe the exaot boundary to tne province of the jury. From this it has sometimes boon urged, that in some cases the jury, from neces- ity, are compelled to decide questions of law. This it seems to me iB a mistake. In no possible case can such a necessity arise. On the contrary it is just in such cases where tho iury are called u£on to decide facts which are complicated with law that they are especially bound to seek and to obey the direction ot the Judge with respect to the law. Having thus re ceived the law from the Court it is their duty to apply to the law thus explained to them the facts which it is their peculiar province to find ; and though they thus deliver a verdict compounded of law, of fact, yet they only find the fact and the Judge decides the law. Those who use the argument above referred to, it seems to me, mistake the application of the law to the facts, lor a decision or finding of the law by tho jury, which is not the case. You further swear to find according to your opinion of the evidence produced to you. It is hardly necessary, gentlemen, to say that the evidence produced to you, means the evidence adduced on the trial. It is not proper after retiring to your room to communicate any knowledge you may have of the facts for the purpose of influencing others, nor indeed should you be influenced by U yourself. This would be unfair to the party, for you thu3 deprive him of the right to cross-examine you, a. right which every party has. It may be that the facts you know could be explained, and whether capable of explanation or not the party should at least have had an opportunity to explain. If a juror has any per sonal knowledge of the case he is trying, he ought to make it known that he might be examined as a wit ness. But if he does not make it known to the Court he should be very careful not to make it known to tho jury ufter they have retired to cunaid$r of their ver dict. The knowledge of a juror communicated in the seclusion and privacy of tha jury room, is not tho evidence produced, aceordirigto which you are sworn to decide. I repeat, tho evidence produced means the evidence produced in open court upon the trial of the case. I have thu9, gentlemen, gone through with the oaths you have taken. I have but little to say in conclusion, but to that little I ask your serious attention. Rome jnvora marita *b««jrur Uiq fact that when they have heard the evidence they at onoe make up their minds and care not to hear the arguments of counsel. This, gentlemen, is radically wroug. It is based upon an idea that is a gross slan der and libel upon the profession—it assumes that it LETTER FROM TIIONASVILLE. Negro Election — Universal Suffrage Trl am pliant. Thomasville, <U., May 10, 1866. Editors News A Hkbald: The sable population of Thomaa county met on Tues day last in a beautiful grove on tlie outskirts of tfris town, lor the purpooe of electing a delegate to represent them in a convention of the same, which Vill convene at Augusta some time within a year. The object of the gathering was rather obfienft for some time, but it finally leaked out, aa the rival candidates arrived on the ground. Two contestants appeared in the arena, Giles Price, the “village blacksmith,’’ and Wade, a preacher and pedagogue—both gentlemen of ebony hue and high intellectual attainment* j / Wade made a lengthy speech, in which his qualifica tions for the important position at stake were painted ill glowing colors. He declared himself in fkyor of im mediate and uuconditional suffrage—suffrage of the most liberal order, from which no one should be de barred on account of age, sex or color. His opponent followed and set forth his views of th^ situation; but his eloquence w*s of no avail,-as he was more narrow-minded in his views of the exten sion of the suffrage. While Wade was willing to open his arms and fold all Ethiopia to his manly bosom, Price could not “see” them without a property at tachment or intellectual abilities to compensate for its absence. Aa may be supposed, the candidate favoring the most liberal- terms was favored with the greatest number of votes. Wade's platform received the un qualified approval of twairandred and thirty of the sable brethren present, while his narrow-minded op ponent was smiled upon by. a miserable minority of sixteen. Perhaps Price’s ill success was owing to the malice of a darky present, who informed the multitude in stentorian tones that Price had subscribed $200 to the Confederate cause, «nd consequently could not take the “test oath” required by law. At all events, he left the field disgusted with the bad judgment dis played by his neighbors. But the richest part remains to be told. Each negro, before casting his vote, was required to-pay to the in spector of election the sum of one dollar to be em ployed in defraying the expenses of the delegate to the Convention. Wade, on being declared elected, as sumed control of the funds, and next day proclaimed the election null and void on account of some infor mality, and notified the colored population to come forward again on Saturday and hold another election on the same terms, viz : one dollar per head for the privilege. Tlie matter, as it stands now, is rather con fusing to bis constituents, but he is the school-master and will, no doubt, make it come out all right. By the way, I notice the Quitman Banner is rather severe on the mail department of the Gulf road, and indirectly charges some one with purloining the News and Hebald” consigned to the Banner, from the mails. Perhaps the agents dispose of the Ban ner’s paper for a pecuniary consideration, and invest tho proceeds in Fenian stock, on account of the editor. As the Colonel is rather partial to that enterprise, es pecially when its merits are set forth by that noble philanthropist, Captain Charlton, I would not be sur prised to learn that what I have surmised is really the ». Yours, Ac., J. K. E. THE RECONSTRUCTION COMMITTEE’S AMENDMENT. Debate lit tlie House- A H E X HIBITI ON OF MY OWN IMPORTATION. BY the steamer T&riffa, from France, I have received a large and beautifully assorted stock of of Paris’ finest SOAPS, POMABES, HAIR OILS TOILET, LAVENDER and COLOGNE WATERS, CREAMS FOR THE COMPLEXION, DENTRIFICES and HAIR RESTORATIVES, - - - • —-— SACHETS POWDERS, all perfumes. ■ These goods are all from the celebrated houses of Chardin, Mouilberon Nevu, Monpclas, Piver, Lubin and Condray. CREME DE DUCHE8SE, a pomade, the finest known in Paris, possesses all the qualities of a Hair Restorative—is in itself the perfection of art. ‘--i. • . • i COUDRAY’S SAVON LACTEINE is the finest Soap known, producing in use a regular bath of milk The JUICE OF LETTUCE SOAP, VIOLET and VANILLA SOAPS. PEACH, PINEAPPLE, BANANA and FLEUR DE LIS SOAPS. - HAIR OILS of different flavors, BANDOLINE, HUELLE, CONCRETE. CREAM of the JUICE t>f PEACHES, for whitening tho hands. LOTION VEGETALE PREPABEE AUX JAUNNES D'OCUFFS, to give the hair a brilliant and glossy appearance, to keep dand ruff off and stop th* hair from falling out. - - : - LIPAROLLE TONIQUE, .to keep the hair from falling out, and is a brilliant Hair Restorative. EMULSION BALSAAHQUE and BLANCE DE PERLE, for-the complexion. EAU DE PHILIPPE, ODONTHALINE, POWDER ODONTHINE, EAU DENTBIFICE, for the teeth and gums. Besides many other preparations, comprising a splendid assortment. These goods are immortal, and the French people through their use have become renowned for their beautiful complexion, skin and hair. " ' .* ’ • . All articles shown with pleasure and explained when necessity requires. Also, a few cases of CHATREU8E, from the GRANDE CHATREUSE, a cordial seldom brought here. ALSO O.V HAND All the following preparations of Casswell, Mack & Co., under Fifth Avenue Hotel, N. Y. FERRO. PHOS. ELIXIR CALASAYA BARK. CQD LIVES OIL, a rare article. GLYCERIA, a lotion for the hair perfumed with Bay Leaf. AMBER, DENTINE, FORMA DENTA, LOTUS BALM, TOOTH and GUM WASH, TOILET and COLOGNE WATERS. Lippman’s Drug and Chemical Warehouse, a!3-lmo CORNER CONGRESS AND BARNARD STREETS. Miscellaneous. J. N. WILSON, Photographer. PHOTOGRAPHS, Porcelain Sc Ainbrotypea, IN THIS H10HKST STYLK OF THE ART. alo-tl / can bo corrected, so that iu tho end there »:iy be a failure of justice. ..rection in the discharge of your duty as a ili.quest, I cannot do better than to refer you . .tb you have taken. In all cases that may • : iv you you are “diligently to inquire." :;ti* language of your oath; and yet it is per- tme that lew if any of you have given your- • had trouble to ascertain how very extensive is cooing of the word diligent. It forbids all ueg- drileBailoss or indifference to the business -i > m band—all unnecessary delay or sloth iu -faction. It requires steady application, con- J^GSort both of body and mind to accomplish* Iu huVc undertaken; it requires you to be as- attentive, industrious and careful. This is ; -rctloi you not only as a body, but as individuals. lie must exercise all this care, attention and ap- *^11 tor himself. No on should depend upon the *- cl attention of others; he must exercise care and 1‘^tr. l for himself. In this way only can the flnd- | h-ut he orders be satisfactory to his own con- - Aiul now what is the end to be accomplish- : Jthis care, attention and industry ? It is in • -Y.^eoi your oath that you may present all •i u iiOj. a. noble end. and well deserving every ’“■y i J ’- i ‘-•aii make to attain it. Upon it depends reputation.,and sometimes life. It is proper, ‘Y : tu remind you, that it is not yourprovinco to Party is guilty or not guilty. Your peculiar *1 ;; ca ) it the circumstances be such as that the •Tjcoulii be put upon his trial. And this you do saying True Bill. In saying this you don’t | . --it the party is guilty, yon only say that his guilt should be investi- Before coming to the conclusion there are two which you must be satisfied; first, that a 'v bfcen committed; second, that thero are ^ ..(r crouiids for believing that the accused com- r'Y lL - c nnu*. It is not necessary with you, as TiT 5 betty jury, that you should be satisfied be- ;**. T '-Suable doubts that the accused is guilty, is rather the other way—you should always unless you are satisfied beyond all -*oie doubt that tho accused is not guilty. Be- ■ ,.^^7 jury, the doubt enures to the benefit of I before you this doubt enures to the bec- I .••testate. | iT'-v 11 ? 8 lrom J* our positions as public accusers. : Y •! r -' our government are very diffierent Y J®** tJl at obtain before a petty jury. The or ‘tiatatice, is entitled to bo heard before ^ witnesses, by himself, and by He has no such right before you, ex- At the opening of the debate on the report of the Reconstruction Committee in the House on the 8th Mr. Stevens and Mr. Blaine spoke as follows: Mr. Stevens said that the proposition before- the House-fell far short of his wishes, but he believed that it was all that could be obtained in the preseut state of public opiniou. Not only Congress bat the several States were to be consulted. On a careful survey of the whole ground, tlie commuted did not believe that nineteen of the loyal States could be induced to ratify any proposition more stringent than this. He re peated “nineteen States,” for he utterly repudiated and scorned the idea that any State not actually in the Union wa3 to be counted on the question of ratifica tion. It was absurd to suppose that any more than three-fourths of the States which proposed the amend ment were required to make it valid. Believing theu that this was the test proposition that could be made effectual, bo (Stevens) accepted it'. Referring to the other constitutional ameudtuenfYgaiS it was slaughtered by “a puerile and pedantic criti cism,” by a perversion of “philological definition.” Its death, produced by self-righteous Republican and unrighteous Copperheads, had postpoiled perhaps for ages the situation of the colored race. But it would not do for those who had for thirty years “fought the beasts of Ephesus” to be frightened at the fangs of modern catamounts. Heaven forbid that the South ern States, or any of them, shall be represented in Congress until full monuments of freedom are built- fall, high and firm. Against the will of Congress the Southern States had been absent for four bloodly years. Against the will of Congress they must not come back until Congress is ready to receive them. He believed that this Congress would not approach the full measure of justice until ©very full grown man I « Hamilton in the late rebel States was provided with a homejBtead \ yy t j on j on Copying done in the best manner. Pictures made as well In cloudy as in clear weather. Call and ELxamlne Specimen!. “Sh SOUTH EAST CORNER BROUGHTON AND WHIT AKER STREETS. T II E OGLETHORPE INSURANCE CO. dorstood. white black. This, gentlemen, is a great mistake. Tlie object of an investigations in courts of justice is to elicit truth, and to accomplish this end the aid of counsel is not only important, but absolutely neces sary. The mass of facts must-be bo marshalled and presented to you that you maj' understand them in all their lights and bearing. It is the business of counsel to do this. Each side presents that view of the case which is most favorable to itself. This is honesl, right and proper. The object» not tomia- ^ ^ ^ fae Uad ^ hrfa tta a alavu . Forty lead you, but.to'pmible yo i i acrgs Qf land and a but W0U ld be of more value to him SrS poiLrof “crpany l00 You compare thb | ^ views of each party with each Other, and both with your own. You then make the necessary correction, and form your judgment in regard to the proper con clusion. If two men differ in regard to any matter and call upon you to decide between them, is it not reasonable that you should listeu to both of them, and after you had done so would you not be better able to decide between them V Now, this is. all that counsel does. Th parties litigate, differ either as to facts, or as to the proper conclusion to bo drawn from facta,— how will you decide between them unless you hear them ? Now you may already have formed your own opinion, but are you infallible ? May you not be mis taken ? Are you not willing to be convinced if you . OF SAVANNAH Are prepared to take Fire Risk:: oa Reasonable Terms, J. T. Tur... At their Office, 11T Bay Street. w. MINCER, President. II. W. Mercer C. S. llardee William Hnnter A. S. Hartridge A. Porter R. Morgan J. Stoddard J. T. Thomas W. Rerushart F. L. Hue H. A. crane A. A. Salomon. Directors : M. S. Cohen J. Lama J. W. Nevitt mj'7-ii D G. Purse A. Fnllarton J. McMahor. L. J. Guilmartin F. W. 8im» Q. Butter B. Lachlieou K P. Ciaton, Augusta .1. W. Knott. Macon B. F. Boss, Macon W. H Young, Coiambus r J -““OUU autu - iglll UX3L-.JIV JUU, CA- l i;tdi nBlaUce * aDC * that ky virtue of a special rt- I refer to tho case of I ; iV* °' V k usliceb °f the Peace. In that case it r-tt-tr-jj r ait “ e prosecutor and the Justice, and ■ •ar n * lave t* 16 right of appearing and -it a O, *oio the Grand Jury. In no other case I -T ilIle88C * the defence. I know that ^ “ aVb the right and the power to send for -tier- ... , t,iis power should be exercised with | ■ cpy...;, ltlr ^ty us public accusers. It is not I ** : : t0 defend but to accuse, and if you ‘ ytnesaes it should be for the purpose ol sus- > ^fclTUS V Ml * .1 ^.y^-niiion are mistaken? Then listen to tlie arguineuta of coun gel, listen particularly, listen attentively. I assure you it will assist you iu your decision. I repeat the object is not to mislead you, but to iuforrn you. Lord Brougham, though in a very different connection and on a very different subject, has yet borne honorable testimony to the profession in regard to this matter. He says that the interests of justice cannot be up- holden, nor the administrator of justice go on without the aid of men skilled iu jurisprudence, in the prac tice of the courts and those matters affecting right and obligations which form the subject of all judicial proceedings. For myself I acknowledge my Indebted ness to counsel for light in regard to my duties. Whenever I have been right on questions of law it is more attributable to the arguments of counsel than to my own knowledge. If I have received any credit for correct decisions, this credit has been misplaced; it ought to be given to the bar over which I have the honor to preside. Whenever I have been wrong it has been my own fault; after hearing the argument I ought to have known better. Haring jreceived such assistance myself from counsel, I may well recom mend to you to avail yourself of the same assistance. Do not be reading newspapers pending the argument. Such conduct is aliko disrespectful to the Court and to counsel, and a wilful breach of your duty as a juror. Give to the argument of counsel your patient, candid, close, undivided attention. In no other way can you discharge your duty as becomes an honest iuror. Death of a Savannah Actor.—Mr. W. M. Fleming, the actor, was buried yesterday. Mr. Fleming was born in Danbury, Conn., 1817. He came to this city when a lad, and was engaged in tlie counting room of the Commercial Advertiser. After a novitiate in the l Uiat You will not understand me ama teur clubs of the metropolis, he made his first * accuR J 0U are to e J ect evidence that makes I '^contra T Far * r ap y lar » am 1 from saying so. .**^ fail t n r ^’ 1 sa y if.lho witnesses for the prose- .. m ^ke out a probable case against the de- 5*a sa* f re , boun d to find no bill. It would per- bvts Shear only such witnesses as are I :!;:e ’ can ,j S°luntor. If any grand juror should I and h Gr Wltncss08 » consult the Solicitor *ay you vrM ! hem on ^ permission. In J V to ior von , , ce P out improper evidence, ira- I *or th e n i LC!tr ’ tll0u 8k perhaps very good evi- UDon lt y J. ll ry, when they come to pro- uo guilt or innocence of the accused. T ‘-Tunes happ e - 8U ^ 8eSt i° n8 lor tho rea8011 that it has , • U4pp«j*. f . . . "0“f - —— ——) 'oij , ■ t,lat tho accused has manaahd to get 7'h-stn 0 . “olore the (irand Jury by furnishing by 1 L.i, i - toesiis ol a iriond a list of their name. ttioagh, I am happy to say, very "‘“waller * °f a iriond a list of their names °; the body at whose request they have I: j-jZ r™ 's wrong. Bo member of the I v i«b the o7, 0u . have a witness called except I V 5 " 1 be Uot "hettor General, and then bis object , . .tnake^ut a defence, but to Bustaiu the UUI1 - In one word, public, appearance for the benefit of Charlotte Cush man, at the Park Theatre, in tile character of “Shy- iock.” With letters of introduction from Major Soah and Gen- G. P. Morris, ho visited Philadelphia, and through the influence ofBurton was engaged there. He appeared in succession and with favor aa "Sir Giles Overreach,” “Sir Edward Mortimer," Jcc. Since then Mr. Fleming was a member of the stock compa nies at the Park, Bowery and Broadway Theatres. He has been manager of the National Theatre, Boston, and of Winter Garden, in this city; and at the break ing out of the late civil war, was manager of the SSvannnah Theatre. He entered tho afmy as pay master; joined Sherman, and made the great march to the sea with that commander, and was recently breveted Colonel in the regular army. [X y. Commercial Advertiser, 10th. y? ; or the prosecution. If yon find that “ini v, n ,, r , 10 return a true bill If on the I ' Sbaoi i,.“ * ,be prosecution to be unfounded ■ v “ ca.; tv la yuur privilege to return the fact, and v prosecutor will bo held liable for L 4 - y°ur fellows and your owa, you in unless called on to give evidence ■ Uus rl 1 - < " 0urt ol law in this State. Tho do- I if'' 1 y° ur oath Is two-fold. First. That I . *1 in hi.‘ ot your body may be entirely untnun- I ^ten 8 i* acti °n-that he may act without fear or : '"p uv regard to consequences to himself— atiL ? ot incur tho odium which, in public JUv. .“Ches iuore or less to the position of an in- J-,‘°U are by law made the public accuser, and | - s PWaent an offence, itie the act of your .,“i* tot 7v one in the discharge of a public duty— J“VU..YPUIntarUy assumed, but imposed upon l^.<ll W8 , of the land. The second • ol' ‘ I sir ibeir ‘P‘b ll cated may not be warned iB; ' when Pe ' I biB epplie* only to cases of pre- ’““‘“Ctd " P° Prosecution has been Mseriodely. , '--“ton „ Ii0 application to other cases, tor “‘-ea com,le.? tl J er ““ee® parties would already I '»ili a ^?iL t ®^, or Pteoed under bonds. I v„ “*■ “or wuj vmfL no ou * fro m ehvy,- hatredl'or l I ii.; 1 .* Tot '»ffectinn„ ' Bw> y o“ e unpresented from I “ * l*n of ““0“ or reward nr tbo h™. your rk1 r rew ? rd ' or the hope thereof. , sengers uiu °*th needs no conpnent. You are of the vessel is rapidly revi ANOTHEtl Hkvolctton in Spain Thbeat*nto.—The Madrid correspondent of the Xew York Herald states that Spain is fully prepared for another revolution, which will have for its object a complete chauge of the royal dynasty. General Prim is spoken of as being engaged in the movement, and a son of Victor Emanuel is named aa likely to succeed Queen Isabella. The latest news from Havana aays that a circular calling upon the native sous of Cuba to take up arms against the power of Spain was seized by the police. that, measure of jUBltce, it should receive the censure of mankind-ail J the curse of Heaven. In conclusion, Mr. Stevens, in order to have control of the bill, en tered a motion to recommit it. Mr. Blaine, of Me., called the attention of Mr. Ste vens and of the HouBe to an objection to the third sec tion ot the amendment, which he deemed eerious, if not fatal. That section provided that until the Fourth of July, 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall he excluded from the right to vote for Repreaentatives in Congress and for electors of President and Vice President of the United States. It appeared to him that that was a violation of good &ith iu reference to that large class of people in the South who came with in the terms of the Amnesty Proclamation of Presi dent Johnson, and who were thereby sectored to all their civil lights. He aaked llr. Stevens for an ex planation on this point. Mr. Stevens admitted that the pardon extinguished the crime—aftor pardon there Was no such crime in the individual. Those who were fully pardoned did not come within the operation of the third eection. Mr. Blaine understood, theu, the gentleman from Pennsylvania to say that those who came within the terms of the Proclamation of Amnesty, would uot be considered as having volunUrilr adhtred to the late insurrection. ' ' Mr. Stevena assimilated theft condition to that of a person convicted of felohy, and thereby rendered in competent to testify ; but who, if pardoned, and if bis testimony wore challenged, could produce his pardon and thereby show his competency. Mr. Blaiuo suggested that if that was the proper construction to be given tile section, it should be so amended as that time could bo no question about its construction, and he should at the proper time move au amendment to that effect. The point made by Mr. Blaine and virtually ad mitted by Mr. Stevons to be well taken, seemed to create a considerable stir In the Republican ranks. Members drew, near and listened to the colloquy with great interest, aa if recognizing the possibly latal character of the objection. Tlie correspondent of the New York Times says : “Mr. Stevens at once gave hi3 case away by admit ting that all thus pardoned would not be affected by the disfranchisement; but Judge Bingham suggested that this amendment, aa a part' of the organic law, swept away all provision* of acts In conflict with it Whether it was good policy to do that was another tiling. Mr. Finck, Democract, than followed in a half-hour written speech of the usual democratic ar guments, when Gen. Garfield took the floor in oppo sition to the section and said.tltat, as it etood, it was no penalty and no punishment. He would disfran chise rebels forever or not at all. Mr. Thayer (rep.) made an eloquent speech on the samb side, approving heartily of the whole plan, except the third section. Mr. Boyer then took up the Democratic thread of ar gument, and waa followed by Judge Kelley, whose oratorical rapier made some bnllian! threats in a running debate with hiB Democratic colleague. Mr. Kelley favored the plan as reported from the Commit tee, though not in just such shape ae he wanted it. Gen. Schenck then'spoke,directing his chief argument against the third section, approving all the rest. Mr. Green Clay Smith closed the debate for the ■ day in a speech of diffuse opposition to the whole scheme, interspersed with more or less interruption. The result of the debate is highly important In show ing a strong opposition to the disfranchising sec tion and a hearty approval of all the rest. It really looks as though the section in question would fie stricken out, and the others agreed upon by a full two-thirds vote. This, with the adoption of Mr. Bingham's amendment to the bill, so ae to permit City Sheriff’s Sale; U 'NDKR and by virtue of an attachment iasaed dot of the Hou. the City Court ol Savannah, re turnable to tlie July lerin, I860, of said Court, In favor of Archibald Marines va. James Murphy, 1 have levied upon tlie following properly, to satisfy the same, viz: 3n boxes of French Soap, and IS boxes ot Java Coffee And by virtue of an order granted by the Hon. Walter s. Chisholm, Judge of said City Court ol Savan nah, 1 will sell before the Court House, in the City of Savannah, at. 10 o’clock a. m , on MONDAY, the ‘Jlst day of May, 1S66, the above described property. Terms cash. CHARLBS J. WHITE. Sheriff C. 8. ALSO. At the same time and place, a fast Horse, A No. 1 Light Buggy and Harness, war ranted. Tonus cash, or note with ^“'WUITK. DRY GOODS The undersigned having formed a copartnership under the firm name of Hiram Roberts’ Sons & Co. f for the purpose ot carrying on a general DRY GOODS BUSINESS, have now opened, and will continue to receive additional supplies of Imported and Domestic Dry Goods, which they offer for sale at No. 156 -oxbboAs' Bunsma on Congress street, east of the Market, and at the second store frbm.theendof^e building^ DWIGHT L. ROBERTS. EDWARD S. LATHROP. Heavy Rains.—It rained very hard all day Thurs day at Atlanta, and most of the timr fpr a week. Re ports from many parts, of the State, and especially from Southwestern Georgia, say the crops are injured by the continued rains. The wheat in many locali ties is already etricken with rust. The cotton ctop is not yet thought injured. A Revolving 'Shit.—There is on exhibition at Bal timore a model, some twelve feet in diameter, of a re volving vessel, the invention, of Mr. Goorge T. Snyder, of Lanca*ter;J^nn. Th* great noveBj’ embraced in ■ the construction of this vessel consists in a very ' simple application of the motive power, by which this i ;—v. r . .lthnnsh vessel ia made to roll over the water instoad of run- pnhBxher^d Mtoimgh nfog through it, and so completely arranged that paa- ^ vMMu* to rev* sengers and freight r*malnj£tionary, while the hull each State to be represented aa feat ae they ratify the amendments which will undoubtedly prevail, will en sure the umutifoous support of the Republican ma jority in the House, with the exception of poaaibly two or three members from the Border States. “Ever ot thet.” ■ A a(( j s tory is connected with the name ot the writer of the beautiful song “Ever of Thee,” which has been »ung and admired by so many, in this country and in Europe. Faiey Hall was a gentleman by birth and education. Wealthy in his own right, with Urge expectations, he led a heedlesiflife, not choosing hia associates, but al lowing himself to be drawn into the society of the vinous HU property soon disappeared, and he was left without resources sufficient to buy his daily bread HU mosioal talents had been highly culti vated but ae he never needed them, be scarcely knew to what degree they could be made available. In his distress howeyer, he wrote hU charming aong N “Ever of Thse ” A London publisher gave him one hnn- dred dollars for It, but that amount, with such a spendthrift, would not last long. He wrote other songs, but -the Money not coming in aa feat as he wished.' in a weak moment be forged the name of hie ~ ~~ " “ r eflbrt was made even it was all no use, and poor Fdiey Hell went to SWfegate, and died broken hearted before hi* trial came on. $, First-class Board, riTH or without Boorr.8, al«o. Stable •MBoomt Southern Palace DRY GOODS HOUSE. ORFF « WATKINS, IMPORTERS AND. DEALERS IN DRY GOODS xkt axjL its BHA»roiiEa, 111 & 113 Congress St., Savannah. Commission Merchants. W. A. Bryant: Bouse & Bryant, (Fornwrly of Jacksonville, Fla.;) Fnrwai’iiiiio mill flninim'ssintt vernKanfa. 11>1 Buy Strcet v SAVANNAH, - - - - - GEORGIA. W ILT, give prompt at entkm to, icceiving and for warding goods, sales ou consignment , and all orders • and will also keep . constam); ou band a good stock of Uioceriea, Liquors, Agricultural Imple ments, Building Materials, r’airbank- A fco’s Scales, Ac., beside* other goods and manufactured articles lor sale on consignment, and for which they are agents. Orders and consignments lespectfully so- iclted. - al8-tf Hotels. LITE OAK GLOB HOUSE, No. 32 QBOROK STREET, Charleston, Stfiith Carolina, I* now open for the accommodation or mumm permanent guests. Cholcest Liquors, Wines, Ales and Seirans McKAY, BLISS it CO., Commission Merchants, 1 vBALERS in White Oak and Yellow Pine Timber of fJ all sixes. Cash advance* made on consignments of Timber, Cotton, Naval Store*. Ac. , The above-named house offer umuual facilities for the sale of Southern Products,.and respectfully ao- lldt consignments. k 0 £ay. BU8S A CO., 155 Broadway, N. Y. d21-tawtf GEORGE PATTEN, Fomrdini and Commission Xercliant No. 182 Bay Street, f22-3m* SAVANNAH. K. MoLBA. J. H. CARTER. KENNETH McLEA it CO., Commission Merchants BOB BAY STREET, SAVANNAH, OA ra*~ Advances made oh Consignments ot Cotton andotiier produce to our friend*.in Liverpool and New York. * * a ' 3m THOMAS n. AUSTIN, Beieral CqbuMod awt FjrwariiH •M HI H CJTT A.MTP. 9S Bay Street, Savannah. Ob. Wm. M Tunno A Co., Savannah; Nourue A Brook*, .Now York; Bpping, Hanrerd A Co., Columbus. Bpping, W ll ln U.e W reaT Bryan street. ^ posite the Market, to myl MR8. K. VICE, i Agents t M ale anfl Female io fa* ***• ^ hABolTsAVbR'-^chred worth $30 a year to any femliy. 1 n ?Y Auv oerson wtohing a pleasant businem can learrf_. Any person wi» ui*.^i.^o lta mp* for circulars and $1 each, And Any person v _ particulars by sending twi return postage. Addre** myS-lm* II reudll! the' agent' but $10 per hand R. #AYYBLL, Box 4,781, Chicago. ^ JAMES B. DAWKINS, Attorney-at-Law and Solicitor in Equity, . -Gainesville, east Florida. j. , (Late Steele A Burbank,) 11 Merchant^Jtow, Hilton Head,So. Ca. • And-corner King and George Sts., Charleston, C ALLS the attention of Wholesale and Rolall Pur chasers to bis superior nock ol Military and. Haval Clothing, ** iib furnishing goods, Watches. Clock*, Fancy Goods, Jewelry and Pitted Ware, Swords, 8—he*, Delta, Embroideries, Boots Caps, Field Glasses, Gauntlets, Gloves, As., Ac. 6E0. W. BERRY dt CO. Manufaeturers and-Dealers in WALNUT, QHESTNUT AND PAINTED CHAMBER FURNITURE* Refrigerators, Bureaus, Wardrobes,<tc., 1A B Holmes’ Block, Heysmrk*t Sqmre, 138 eod-3m BOSTON, Immigrants Can be Supplied WITHIN TEN DAYS. fflHE undersigned we prepared to SapPly Pmtere X ^ other parties who may be w want or wiiiu i * JRrfrs and M»ve made necessary arrange- ~^.»!g|>M!L3a!a:«ass the poinu expense, theEmpl have further to pay a which Farming Laborers can be se- JSa wUUswwageaboutfliMper year, the Employ- an i" ain y th6DL For further parttcnlare^ljw, Jones’Bock, Bayst^et, One door Eeat of Bnnsnj^wretj^ r'*9on, ► Cohen, Savannah. jno. C, Ferrill. Savannah. Nlcholls, Ceinp A Co., Savannah Oao, Al Onyler.Bavmnnah. W. B. Flamtafi-Savannah. John lams, Bavaanak. always OH Hand. Terms, alltf SB per Day. PHTER JONES, Proprietor. CHARLESTON HOTEL, CHARLESTON, V C. i'll It is populai and well known Hotel, situated in the A busiueae portion of tin, city, has been newly fur nished throughout by the present proprietor, who bar ghout by the present proprietor, been sixteen years connected with thd establ ilisbmenl. WHITE, Proprietor. ST. CHARLES SALOON, gl A. STAMM. Bay Lane, rear of Post Office— always on hand. Including a*choice article The beat Liquors, Segura. Ac., icle of SELT- ER’S WATER, directly.imported (rout Hersagthnm. Nassau, and the best of Rhine Wines. LUNCH every day at t! o’clock. m!3-ty Port Royal House, HILTON HEAD, S. C. RIDDELL * X. S. BIDDXLL. )u3-tf * Pionuiois m. r. sue*. HEW IU8I0 STORE. P’rof. F. Lessing 1I70ULD respectfnlly Inform the citizens of fv nah that he baa opened a Music Store, of Savan- opened a Music Store, comer of Whitaker and Broughton street Lane, where he will cocstaoSly keep on hand Pianos from the cele brated manufhetory of GBORGE 8TECK A CO., New York. A great variety or Musical Instruments and Sheet Music by the best composers. '9T Pianos toned; Instruments repaired. klS-lm ' 4 . THE DAILY NEWS, PUBLISHED AT CHARLESTON S. C., LARGEST CIRCULATION JOURNAL PUBLISHED IN THE STATE, And is universally considered The Best Commercial family paper IN THE STATE. PARTIES. THEREFORE, IN GEORGIA, who de sire to sulwcrlbe (or a CHARLESTON PAPER, will coesnlt their Interest by sending for THE DAILY NEWS. TERMS. .fllO PER ANNUM, Published In PbUo Form, slee of th# New Ysrk Herald. «**•« TO PLANTERS. W*8£ constantly on hand a frill stock of mo, Oom ihellere, Straw Cutters, Axes, and other Agrtcultural Implements of best makers and panama with which to aopply Planters aad Cuumtry Msrebants, whose attention we Invite to our etark nnd think wren make it to their titter settopnfr^aeofu*. bqm!* BRYANT, J*i-tf ' m Bay street. Insurance. THB GHBA.T Capital, - SOUTHERN AND WESTERN Life and Accident INSURANCE COMPANY 1STew Orleans* $300,000 GEN. JAMES LONfiSTREET, President. tu rtxvauut to TAKE RISKS Hoamoxutble Termm. WILLIAM C. COSENS, Agent, ‘ At Marine Bank. FIRE, MARINE, n* LI F E ACCIDENT INSURANCE RISKS TAKEN IN THE FOLLOWING FIRST-CLASS COMPA NIES; carnal. Columbia Fire Insurance Company, of New York $806,000 Fulton Fire Insurance Company ot New York 200.000 Excelsior Fire Insurance Company of New York 360,000 Springfield Fire Insurance Company of New York u,... 300,000 Putnam Fire Insurance Company of Hart ford.^ 600,000 Washington Fire Insurance Company of Baltimore {,oo t gpe Gulf State Fire Insurance Company or Tal lahassee .* 308)008 * ' 4F Hr. AC’OIHBRprf Travelers' of Haitford v $60#,OW Marine arid JP*iro. Petersburg Savings and Insurance Company of Virginia gsoo.ooo Eufaula Home Insurance Company of Ala bama : 300,008 Georgia Home Insurance Company, Colnm- bne 350,000 LIFE. nu assexs. New England Mutual Life Insurance Com pany of Boston $8,000,000 Knickerbocker Mutual Life Insurance Com pany ot New York 1,000,000 On Open Folloloa in Great Westsrn, of New York. In Commercial Mutual, of New York. AARON WILBUR, Ageat No. 8* Bay Straw <* ' \ LIFE INSURANRE1 THE KNICKERBOCKER LIFE INSURANCE 60. OF N Y, SomkemRraitGh Offlee, 89 Bar St., SAVANNAH, ga. Wilbur, Manager. No Extra Charge for Southern Residence, ONE RATE Ol* PREMIUM ALL OVE|t THE UNITED 8TAJES. -Policies written at this oflke in any forih dfo-. 490 aUbes of laid For One Dollar! in the city of Savannah, Chatham County, State of Georgia, by a committee of gentlemen selected by thfe subscribers. highly nppwcinted for nay« thenhnv8^.._..Mftj;-=Ll- > wf. TITLES r TO BC RAFFLED FOB, O N the sixth day of June, one. thousand eight hna- r • - ■ • • dred and stxty-slx, •AT THE SCREVEN HOUSE, 490 ACRES OF LAND, gitaeted ta Lsvrndn Cresfy, near Uws, Met* sf Ossrgte. The projected Brunswick anCBlortda Bsllroed run ning through the aontheast psw, offers great fecflwy for removing to the seaboard the flue cypress, pfne re and other timber to be fuss* on this lot; and a hand* some sum may be bad from the Bailread Company for the privilege of rnnnlng .their care thsgjjE “-MS menu may also b« satiafecwsBy entered into with them (the YUtnund company) foe. mnkkjrtt a wood station to supply their locomotives with fuel. AsJrem of water runs through this tend, and tov- eraofthepucntoriaiartcan indulge their ihncy nt ^'TOeqnsdivriftifesdi in Lowndes count; to tod ■ —- coeimreu to be made on