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COLUMBUS
TbIDAT MOKNIWU, JUNE 18.
The SlKger Decision.
As we were fully prepared for the re
cent decision of the Supreme Court of
this State upon the negro eligibility
question, we have but sparse comment
to bestow upon it. McKay’s position
was well known. He religiously be
lieves the nigger better than the white
man, but he has disgraced himself as a
lawyer, and disappointed those who
respected his professional attainments,
by the reasons given for the conclu*
sions of his judgment. No one will be
found to compete with him for being
at once the most cowardly and crotch
ety fanatic ever elevated by revolution
or other chance to honorable and re
sponsible position. Joseph Brown has
fairly exemplified his character as a
shifty and unscrupulous parlizan, and
an attorney of meagre learning. The
few friends and former henchmen who
havo hung to him through all the twists
and turns of his later career, may well
exclaim that “age cannot wither nor
custom stale the infinite variety of his
infamy.” So far as Brown and Me
Kay are concerned, the decision
amounts to nothing, and but little to
the nigger. But it will, as it was de
signed it should, give much trouble to
the white people of the State. Bullock
will no doubt convene the Legislature
and demand of that body there-seating
of the expelled imbrues. If the Legis
lature has any aelTrespect left alter its
own iniquitous career, it will stand
upon its constitutional privilege and
refuse to accede to the demand. Con
gress, under the leadership of Butler,
will then make a compliance with the
demand, and the adoption of the Fif
teenth Amendment, a condition prece
dent to admission, with a threat to re
mand to military rule, as an alternative
in case of further refusal. And in ail
of this we see much cause for further
agitation and trouble.
This last episode in Radical politics
in this State should satisfy all rcasoua
ble men of the folly of trusting to divis
ions among the Radicals. They will
quarrel and tight with each other over
the spoils, bu. invariably make common
cause against the virtue, intelligence
and respectability of the State.
In the uuion of the good and true
men of the State lies the only hope of
sriety or prosperity for Georgia in the
future.
Tue Why. —According to the Madi
son (Ind.) Courier this is it:
The vote in the Methodist Churches
ou the Lay representation question lias
been astonishingly small in comparison
with their large membership. Under
the rule of the conference, of the female
members only those over twenty-one
are permitted to vote. All of the un
married lady members are, of course,
under twenty-one, and as life is uneer
taiu, and tbe young married members
may become widows, they don’t like to
make a record of their ages by voliug,
both classes quietly stay away and avoid
voting. Ladies who have been mem
hers as the records show, for years,
when asked if they are uuder age,
promptly reply iu the affirmative.
Creswell after a Georgia Post
master. —The mails in Georgia have
been tampered wilh after the style so
freely adopted during tho Ashburn
trouble. I nconaequence the Post Mas
ter General issues the following order
to a Postmaster in Georgia, whose name
is withheld:
Sir—The enactments of law defining
crimes anil offences against the post
ofliee establishment, admonishes every
person in the employ of tlie department,
that the law making power intends the
law to throw around tl)p purity of cor
respondence tbe solemn sanctity of its
protection. Tlie highest duty the de
partment owes the people is to preserve
by all means within its power the abso
lute sanctity of a seal.
The enactments of tlie law referred to
are entirely explicit. You are required
to instruct subordinates that every vio
lation of tbe law in this respect, as well
as other crimes, the Postmaster Gene
ral will visit with punishment to tlie
fullest extent of the law. In this con
nection and in view of facts adduced to
the department of complicity, if not
actual crime, by one of tho clerks em
ployed in your office, the Postmaster
General directs that said clerk be in
stantly dismissed fram the service. You
will permit no one to continue or be
enployed in your office whose char
acter for personal integrity may not
command respect.
If the latter part of the order is strict
ly carried out, the post offices in this
State will be summarily clos
Brownlow Flying from titk
Wrath to Come.— The Supreme Court
of Tennessee, having decided the act of
Brownlow in disfranchising the citizens
of that State illegal, anil having by the
decision, put the ballot into the hands
of many thousand honest men, old
lirownlow writes a letter front which
we make the following pertinent ex
tract :
There is still another view of this sub
ject I wish to present. The Supreme
Court of Tennessee, a court of our own
choosing, has recently restored to the
ballot, by its late decision, about twenty
thousand Rebels, among whom, were
some of the active leaders of the rebel
lion, who had been excluded therefrom
by the franchise law.
We elected Grant upon the platform
of universal suffrage, East Tennessee
alone giving him about twenty six
thousand majority. In his inaugural
address Grant conies out fair and square
for universal suffrage; the recoti&truc
tion measures of Congress all proceed
upon the principle of universal suffrage;
the entire Republican party of the na
tion and the entire Republican press of
the North are out unequivocally in fa
vor of universal suffrage. Should the
Republicans of Tennessee obstinately
stand out any longer against the great
Republican party of the nation and its
entire press, aud also against the Pres
ideut aud both houses of Congress, they
will simply render themselves ridicu
lous in the estimation of all besides
themselves.
A Copperhead.— We fiud the follow
ing among the selections in the Pitta
burg Gazette, a Radical paper :
We have some sympathy for an hon
est rebel, mourning his beloved dead.
But there are men so diabolically mean,
that not to execrate them, would be a
deadly sin. Such a one lives in Wayne,
Michigan. In company with many
others he violently opposed the decora
tion proceedings, but was willing to
give twenty five dollars toward gar
landing a rebel’s grave, and said he
“would like to erect a monument to J.
Wilkes Booth, as large as the depot
wood piles, composed of the skulls ol
Union soldiers.” The wretch would
he ridden out of any decent rebel vil
lage. He is a copperhead Democrat.
Clerks Mustn’t Speak the Truth
About the President.— A clerk of
creditable standing in the Treasury
Department, says a Washington letter,
was discharged a few days ago upon a
charge that he had said that General :
Grant had been proved to be a liar in
the Johnson Grant imbroglio. The j
clerk protests that all he ever said on
the subject was that the weight of teati
mony wag upon President Johnson’s
side, the latter being as it were, plain
tiff, Grant defendant, and the witnesses
all testifying in favor of plaintiff. The
explanation was not satisfactory, and i
clerk was decapitated.
The Cuban bonds, to be put upon the
market before long, are made payable
“twelve months after date of the "inde- I
pendence of the Republic of Cuba,” !
and are said to be secured in New York. I
TKIBI'TE TO JEDUK E. I*. WOK
KILL BY THE COLIIKBIIN MAR.
Preliminary Meetings Address of
Judge M. J. Crawford — The liesolu
(ions—Reply of Judge Worrill.
Court House, Columbus, Ga , June
16, 1869.—Immediately after the ad
journment of the Court at noon to day,
the members of the Bar were requested
to remain for the purpose ot holding a
meeting.
On motion of John Peabody, Esq ,
the meeting was'orgauized by electing
Hon. Martin J. Crawford Chairman,
and John Peabody Secretary.
The Chairman staled that the mem
hers of the Bar had been called together
to take such action as might be deemed
appropriate in view of the removal oi
Ilia Honor Edmund H. Worrill, as
Judge of the Supreme Court of the
Chattahoochee Circuit.
Ou motion of R J. Moses, Esq , the
Chairman appointed the following com
mittee, to report to a meeting to be held
at the same hour and place the next day,
such action as might be appropriate to
the occasion, to wit: R. J. Moses,
Chairman, 11 L. Penning, Porter In
gram, J. M. Smith, B A. Thornton
and John Peabody. The meeting then
adjourned.
June 17th, 1869.
The members <*t the Bar met pursuant
to adjournment, Hon. M. J. Crawford
in tlie Chair.
Mr. Moses, as Chairman of the Com
mittee, appointed at the last former
meeting, reported a series of resolutions,
which were, on motion of J. N. Ram
sey, Esq , unanimously adopted.
On motion of R J. Moses, Esq., it
was resolved, that the resolutions he
reported to the Court upon its meeting
in the afternoon.
On motion of B A. Thornton, the
Secretary was required to furnish to the
city papers, copies of the proceedings
and resolutions.
The meeting then adjourned.
M. J. Crawford, Chr’ni.
John Peabody, Sec’y.
Shortly after the Court assembled last
afternoon the Grand Jury came from
their rooms, ami sealing themselves on
the right of Ihe Judge, announced they
were ready with the General Present
merits. The Petty Juries were seated
on the left. All Ihe seats within the
liar were filled hy the lawyers of Cos
lumbus.
All the members of the Bar lose,
when Judge M. J. Crawford lroin his
place delivered the following
ADDRESS TO JUDGE WORRILL :
May it Please Your Honor : On yes
lerday, information reached us, that
with the expiration of the present mouth,
your duties as Judge ol the Superior
Courts of the Chattahoochee Ciictiit,
would cease. Although this was not
wholly unexpected, yet it brought with
it a pang of sorrow which we were not
altogether prepared to meet. Oil the
evening of the 14th of November, 1854,
the Sheriff of an adjoining county ad
journed the Court by my order, and ou
the morning of the loth, he opened it
by yours: Since that time, now nearly
fifteen years, the scales of justice have
been held in your hands, how well and
evenly balanced they have been, lei the
resolutions of the Columbus Bar attest.
One of the most melaueholy reliec
tious connected with that event, is that
so many of the bright names which then
adorned our profession, are no more
entered upon our Records. Some of
them full of honors and of years have
passed to their reward. But many of
them, in the very spring-time of their
usefulness and manhood, have given up
their lives in defense of their homes and
constitutional liberty.
When tlie ermine fell upon you, sir,
the laws which you administer were
those of a free, soveregu and indepeud
eut State, enacted by the people there
oi. To day you administer such as are
permitted by the conqueror. You are
tlie last, of the Judges of tlie old re
gime. Tlie others have long since
passed under the ax ol tlie executioner,
and it would be strange if you were
permitted to linger on the stage after
your part is played But the wisdom
of Uie situation is to act ou the princi
ple that
“A show of liberty
When we havo tost the substance, Is best kept
By seeming not to umlerstand those laulta
Which we want the power to mend.”
It has been made my pleasing duly,
sir, by my brethren of tlie Bar,- to tend
er you their kindest wishes, ami to ex
press their earnest desire that your
future may be as prosperous and happy
as your past has been honorable and
satisfactory. But as the resolutions are
more touching and expressive than any
thing which 1 could say, 1 proceed to
read them as directed.
He then read the following :
RESOLUTIONS OP TIIE COLUMIiUS BAR.
At a meeting of the members of the
Columbus Bar, the undersigned having
been appointed a committee to report
to an adjourned meeting what action
they could most appropriately take to
manifest their high appreciation of the
judicial and private character of tlie
Honorable Edmund H. Worrill, who
is about to close an honorable, able and
useful administration of more than
fourteen years as Judge of the Chatta
hoochee Circuit, have tlie honor to re
port for your consideration the fol
lowing resolutions:
1. Resolved , That as members of the
Columbus Bar, while we are pained at
the announcement made by tlie Exec
utive that the judicial duties of the
Honorable Edmund 11. Worrill, will
cease after the Ist day of July next, we
will aid his successor by all the means
in our power to emulate tlie honorable
example of his predecessor, trusting
that at the close of his career we may
be able to say to him, as we now do to
the present inemubeut, “well done,
thou good and faithful public servant.”
2d. Resolved , That to divest the Hon
orable Edmund 11. Worrill of the in
signia of ottiee, is not to deprive him of
his well earned honors during an ardu
ous and trying administration, in which
he has satisfied the Bar and the people,
that the oppressor’s wrong is powerless
when the Judge is upright. Under
his administration all have been equal
before tlie law; there has been no dis
tinction as to race, color or condition;
justice has been meted out alike to the
rich and the poor, the humble and the
strong, without fear, favor of affection.
3d. Resolved, That the Honorable
Edmund H. Wofrill entered upon his
judicial functions almost a stranger to
the people of Muscogee county, lie re
tires from the Bench which he has
adorned familiar to all, and carries with
aim the regrets and good wishes of the
entire community.
4th. Resolved, That the Hon. Martin
J. Crawford, Chairman of the meeting,
be requested to present these resolutions
to the Honorable Edmund 11. Worrill,
and express to him our earnest wishes
that success may attend his efforts in
whatever sphere he may move, and to
assure him that as our most pleasurable
recollections in the past will be found
in a recurrence to our professional inter
course during his official term, so in the
future our siucerest hopes will be grati
lied in learning of his health, success
and general prosperity; and that he fur
ther state that it is the unanimous desire
of the Bar that a copy of these resolu
tions shall be spread upon the minutes
of the Court.
Respectfully submitted by
R. J. Moses,
Henry L. Benning,
Porter Ingram,
J. Milton Smith,
Beverly A. Thornton,
John Peabody,
Committee.
REMARKS OF JUDGE WORRILL.
Judge Worrill, with much feeling,
addressed the members of the Bar as
follows:
Gentlemen : You can very well un
derstand, gentlemen, that my emotions
upon this occasion are so deep and
heartfelt that the simple language at my
command would be totally inadequate
to the expression of my feelings. The
evidences of public confidence which
I have so often received at the hands
of the people, have ever given me the
sincerest satisfaction, not tor the office
which they have so often bestowed
upon me, but because I have regarded
each re-election as a renewed approba
tion of my Judicial course—and this
feeling is, if possible, intensified by
this manifestation of your confidence,
at a time, when I have no longer the
power to serve you. It gives me the
assurance that the feelings of kindness,
I may say affection, which I feel to the
Bar of the Chattahoochee Ciicuit is
reciprocated by lueoj, alid that l may
carry into my lelireliii nt Uie recollec
tions of tbeii coui tesy ami lrioud.-liip,
exhibited to me ituoughout my juuicial
career, and culminating in those partial
and flattering resolutions
My years ou earth arc nearly run,
tiut as the shadows of death approach
my path, the blight ri collections of this
cherished hour will be the last that will
linger ou my lading memory.
I do nol know that I have ever had
an unkind leclmg to a siugle member
of the Bar; hut ■. perchance 1 have at
any time been misunderstood, allow
me to say upon this occasion, that I
feel that from you 1 have no wrongs to
forgive, and towards you I have no !
feeling hut such as springs from alfec
tion, friendship, anil a grateful recollec
tion ot your* uniform kindness and
courtesy.
Cotton Report Statistical In
form at ion.-Fro m thecottou circular of
Easton & Cos., of New York, for the
week ending Friday, June llih, 1869,
we condense and extract the following
information:
Receipts ol the week at all U. S. ports !
10,133, against 2,718 same time last i
year; total receipts since Septem
ber Ist, 1868, 2,001,671, same time last
year 2,072,664 bales; slock at ail U. S.
ports 112,645, same time last year
-124,850; total exports to Great Britain,
952,847, same time last year 1,214,930;
exports to Continent 440,414, same time
last year .395,204; gross receipts at New
York since September Ist, 1868, 598,921;
slock in interior towns June lltli,
10,476, same time last year 11,151. The
stock in the interior towns ou the wet k
have decreased 6,890 hales.
StATlSiicat. Position: 18:59. 1868
Stock in Liverpool 43.1 uoo 052,749
Afloat troui India 401.0U0 J-iO.OUu
Afloat from America 80,0u0 131,000
Stock In L' niton 75,330 3(5,728
Afloat for London 45,000 01,000
stock in Havre 37,300 40,003
Afloat lor Havre 104,883 0(5,340
Stock in Bremen 9.307 12 105
Afloat for Bremen 4,889 2,102
Stock in IJ. S. ports 112,045 124,850
-■tockin interior towns.. 10,47(5 11,151
Total 1,375,020 1,500,700
I Deficiency in visible supply 120,080
Stock of cotton held by Manchester
I spinners at the mills, now 95,000 bales,
.-..-une lime 1808, 115,000 bales. Middling
Orleans, now 12d, Iheu llijd.
During the week there has been an
active spinning and speculative demand,
under which prices have advanced 1 jc.
ou grades above Good Ordinary. This
advance umy be attributed to the anxiety
of spinners about their supply lor the
remainder of the season. They are
not unwilling to see prices advance m
order to shut out export orders, for they
see now that stocks are dangerously low.
So far as any new business for export is
concerned, nothing can be done, for
our prices are now Id. above Liverpool,
but it will be seen by'our tables that
20,106 bales cleared for Europe during
the past week, and Ihe stock at all the
ports is now reduced to 112,645 bales,
flie advance in Liverpool this week
has-been only jd. on Upland, and
id. on Orleans, notwithstanding
the reduction of A per cent, in
the Bank rate. Doubtless the advance
would have been greater hut for the
arrival ot over 100,000 bales there, and
the announcement of some failures
among tlie spinners.
The supply of American cotton for
Liverpool up to 15th November can be
closely computed. The slock there is
now 248,000 bales; alloat 80,000 bales ;
shipped this week 17,000 bales ; estiaia
ted shipments for the balance ol the
season 30,000 bales. New crop to arrive
I up to loth November (same as last
year) 28,000 bales. Total 403,000 bales.
If the stock on 15th November is to
he left the same as last year (44,000
hales) there would boa supply of only
16,318 bales weekly forconsumption and
export. Last year for the same 22 weeks
the actual takings for consumption
and export averaged 21,288 bales. This
would not be of so much importance it
other countries could be relied upon to
supply the deficiency. But Brazil is
sending less. No increase can he ex
I peeled from Egypt, and a deficiency of
j 150,000 bales is just beginning to show
itself irom India. There have been
received at the porls since the Ist of
September, 2,001,671 bales, of which
exporters have taken 1,393,26 L bales ;
i spinners,'s39,3sl; and the stocks are
09,051 larger than at that date. Deficit
! in receipts as compared with last year,
70,993 bales. Deficit in shipments to
! Liverpool 202,083 bales.
Bombay Shipments.—By a dispatch
I from Finlay, Clark & Cos., ol Bombay,
we are informed that the Shipments to
| Great Britain for May were 210,000
j hales, against 184,000 bales in May,
! 1868; and to the Continent 42,000 bales,
j against 56,000 hales. Up to Ist .Tune,
i the shipments to England amount to
; 646,027 bales and to the Continent 150,-
127 bales. To to same time last year
| they were 011,755 and 92,760. Thus it
j will be seen that there is an excess of
I 34,272 bales to England and of 57,307
| bales to the Continent. In regard to
the June shipments, there willno doubt
| tie a heavy falling off, as we hear by
1 cable that the stock in Bombay is very
i moderate and that the receipts from the
! interior are trilling. We have to day
seen a dispatch from W. C. Watts &
j Cos., of Liverpool, which says, “Ex
! ports from Bombay to Europe for the
j week ending 7th June, 18,000 bales.”
For Future Delivery.—2,loo bales
have been sold this week as follows :
j For June, 150 at 30.jc., 100 on private
! terms. July, 200 at 29;Jc., and 800 on
j private terms. September, 100 at 29c.
and 100 on private terms. November,
! 800 at 25c. 100 at 24£c. and 200 on pri
vate terms. December, 200 at 24j’c.,
100 at 25c., 200at24jc.,and 50at24c. As
the weather at the' South continues to
improve the offers to sell are increasing.
Receipts and Exports.—The re
ceipts this week have been 10,133 bales,
i against 2,718 bales the corresponding
week last year, and the foreign exports
j 26,106 bales, against 12,223 in 1868.
The totals, so far this year, can be seen
in the tables given above. The follow
ing table will show the totals at each
I port;
1868. 1869.
New Orleans... 579,766 778,812
Mobile 352,535 223,#4
Galveston 100,756 138,737
! Florida 28,538 14,799
Savannah 473,958 338,120
r Charleston 234,120 188,023
New York .... 215,342 193,672
Boston, Ac 87.G54 126,204
Total to date.. .2,072,064 2,001,071
Front the Broker’s Circular, of May
27, we take the following figures :
—AT SKA—
American. East India. Stock.
1869, 149,000 463,000 422.950
Dioß, 131,000 418,000 020,260
Mid. Orleans. Fair Swats.
1869 UV£d. 9 1 hi.
1808 IV gi. 9%d.
The cotton at sea is 53,000 bales more
than last year, and the stock is 197,270
i bales less. The consumption of Ameri
can cotton has averaged 19,367 bales
for the past six weeks. Os the sales
this week, 40 per cent, were American,
and 31 per cent. Surats. Stock of
American 55 per cent., and of Surats
14 per cent, of the whole.
Coffee and the League.—The
Charleston Courier illustrates the in
llucnee ofthe Union League in that city
as follows :
Messrs. Black & Johnson, some time
since, advertised for two hundred hands
to work on the Brunswick Railroad.
Inducements were offered that were
amplM sufficient to warrant an immedi
ate Jlfiply of labor, but notwithstanding
that, over three hundred idle negroes
may be seen daily, loafing around and
in the Court House. Only twelve men
responded to the call. The reluctance
seemes to spring from the absurd rumor
that was circulated, to the effect that
the advertisement was designed as a
means of carrying off colored men, and
so breaking up the Union League in the
city. Alas, poor Cuffee.
Large Yield of Wheat.—Mr. M.
E. Edwards thinks he raised forty
bushels to the acre, on two acres, just
outside the corporate limits of this city.
The land was not measured, but he
says it was the best wheat he ever saw.
—MiUedgeville Union.
We don’t see the forty bushels to the
Acre.
Got Another Place. Ex P. G.
and Collector of Customs at Savannah,
James Johnson, (says the Journal and
Messenger,) has been appointed Jtidge
of the Chattahoochee Circuit, vice Judge
Worrill, one of the most efficient and
popular Judges in the State. The peo. j
pie of that circuit have our sympathies I
15, !«‘l«'iri .i|>tl from EurojMV.
Mad hid, Juue 17 —Tue Cortes es
i ili'i.-hed a regency under Serano. by a
vote of 193 to 45
Paris, June 17. — The city is tran
qiiil. The manager of the Le Raphael,
A. ti Dynasty paper, sentenced to four
months; editor six months and 3,000
'relics; each priuier in the establish*
iii, ut one month and 1,000 traucs.
Charge inciting contempt oi the Gov
ernment.
A collision occurred at St. Etienne
between coal miners and the military.
Several killed. Five soldiers badly in
jured.
From Washington.
Washington, June 17.—Judge Chase
has again decided that the statute of
limitations holds against the Govern
ment in their c airns against Federal
officers notwithstanding the rebellion.
It is understood that Boutwell will ap
peal to the Supreme Court in these
cases.
The Medical Society by a vote of five
to one rejected tlie application ol negro
doctors for membership.
Revenue to day tjt826,000.
Creswell has made 400 postal changes
in the last 48 hours.
Treasurer Spinner’s wife is dead.
Grant returns Monday.
Dr. Brink, Mexican Consul, sailed
to day.
The Cubans have the following ad
vices : Fight at Puerto del Padre—more
important than at first reported. Span
ish defeat decisive, almost destroying
the effectiveness of the Spanish forces
on that portion of the Island, and opens
direct communication with the sea, eu
aiding the Cubans to protect the landing
ot reinforcements from the United
States.. The Cubans here are very so
licitous to lnar from Gen. Jordan’s
command The last advices placed him
in close proximity with the enemy, and
! bailie imminent.
Cespedes and Juesada express them
selves confident as being masters of the
I situation.
! Every expedition from the United
States have lauded safely and joined
the Insurgents, and form a formidable
force, and are successful in every con
llicl with the Spaniards.
Ii is stated the Federal Agents report
i the general indisposition ou the part ol
j Cuban leaders to entertain the aunexa-
I tion questions. The Cubans attri
| bute the distrust, if uot hostility, of
j the Government to this fact, and are
| alarmed at the arrest of Cubans at New
York. Leading ; arlizans have left ihe
I Capital.
From New York.
New York, Juno 17. —Several mem
hers of the Cuban Junta were arrested
by Marshal Barlow and lodged in Lud
low street jail, on charge of violating
the neutrality laws.
The Grand Jury of the U. S. Court
indicted Jose Morales Lemus, and
Messrs. Bassore, Mora, Fesser and Al
varez. and Col. Rvan, for fitting out
the military expedition which left May
Ist, lor Cuba, in violation of the neu
trality laws. Released ou bail of $5,000
each to answer, and give $2500 to keep
the peace. Bail was giveu by Hon.
Dwight Townsend, ex member of Con
gress.
From I'liiloiieljiliin.
Philadelphia, June 17. John Mc-
Moriasty, President ofthe Irish Repub
lican Association of Pennsylvania has
issued an address saying tho Republi
can paity must sustain the principles
of Sumner’s speech. The Irish wiil
reject any pro English party. The
Irish Convention at Chicago will de
clare in favor of a protective tariff and
universal suffrage and a war with Eng
land.
From Angii&tn.
Auoijsta, June 17.—The negro who
murdered a white man named Lewis in
Burke* county yesterday was arrested in
this city to-day and committed to jail.
It is feared the heavy rain storm this
evening will do much injury to corn.
From Havana.
Havana, June 16.—Six hundred fili
busters landed at Puerto Arnas unmo
lested, and had readied the interior and
joined Jordan.
From Hall imure.
Baltimore, June 17.—The jury in
the Gold case of Abell & Cos. vs. Chesa
peake Bank, for $3,000 in gold, depos
ited in 1801, gave the depositors $3,000
in gold with $909 in gold interest.
tiranl, Mutter iwtti Smilli
The following letter of General Grant,
which has been lately published, is in
teresting as history. The public have
been impressed with the idea that Gen
eral Grant had not confidence in Gen
eral Smith at the time of the attack on
Petersburg in July, 18G4, and in his re
port made in 1805 the Commaiider-in-
Chief left as much to he inferred. This
letter, written a few weeks after that
occurrence, is conclusive against any
such idea. It is amusing also as exhib
iting Grant’s estimate of Butler:
LETTER FROM GENERAL GRANT IN 1804.
Headq’rs Armies of U. S.,
City Point, Va., July 1,1804.
Major General Ualleck, Washington ,
1). G. :
Mr. Dana, Assistant Secretary of
War, has just returned. He informs
mu that he called attention to the noces
sity of sending General Butler to anoth
er field of duty. Whilst I have no dif
ficulty with General Butler, finding
him always clear in his conception of
orders, and prompt to obey, yet there
is a want of knowledge how to execute,
and particularly a prejudice against him
as a commander, that operates against
his usefulness. I have feared that it
might become necessary to separate
him and General Smith. The latter is
really one of the most efficient officers
in the service, readiest in expedients,
aud the most skillful in the management
of troops in action. I would dislike
removing him from his present com
mand, unless it was to increase it, but,
as I say, I may have to do it if General
Butler remains.
As an administrative officer, General
Butler has no superior. In taking
charge of a department where there are
no battles to be fought, but a dissatisfied
element to control, no one could man
age it better than he. If a command
could be cut out, such as Mr. Dana pro
posed, namely : Kentucky, Illinois, and
Indiana ; or if the Department of the
Missouri, Kansas, and the States of Illi
uois aud Indiana could be merged to
gether and General Butler put over it, I
think the good of the service would be
subserved.
I regret the necessity of asking for a
I change in commanders here, but Geu
I cral Butler, not being a soldier by edit
j cation and experience, is in the bauds
| of his subordinates in the execution of
j all military operations. I would feel
| strengthened with Smith, Franklin, or
! J. J. Reynolds commanding the right
w-ing of the army. At the same time,
as I have here stated, General Butler
I has always been prompt in his obedi-
I ense to orders from me, and clear in his
understanding of them. I would not,
therefore, be willing to recommend his
retirement.
I send this by mail for consideration,
but will telegraph if I think it absolute
ly necessary to make a change.
U S. Grant, Lieut. General.
Business not Brisk in ms East.—
Ross Browne, summing up his observa
tions made during a recent tour of the
Holy Land, remaiks that he saw in all
that country but one man doing any
thing; lie was falling off the roof of a
house.
Sea Island cotton blooms are being I
exhibited in Charleston.
From the Anti-blavery Standard.
Wendell I’tiillips ou tlie I‘aeille Kail
Koad.
All hail and farewell to the Pacific
Railroad. The telegraph tell us that
the Indians have begun to tear up the
rails, to shoot the passengers and con
ductors on the road. We see great good j
in tins. At last the poor victim has
found the vulnerable spot in his tyrant.
“Thank God, America has resisted !” i
cried Lord Chatham. Our feeling is
the same. For seventy years or more
the Indian has begged this great nation
to attend to his wrongs. His cries have
been unheard. Ruthless and unheed
ing, we have trampled him down. To
day the worm turns and stings us.
Last year ludians destroyed locomo
tives and shot conductors. Timid Du
rant forbade the telegraph wires to
report the fact. He trembled for his
road. To-day fifteen thousand warriors
on the war path—a thousand miles of
exposed road—this railway, the pet
piaytLiug of the American people!
Would our words could reach every
Indian chief! We would tell him, lay
down your gun, but allow no rail to lie \
between Omaha and the mountains. —
“The accursed code” is O’Conuell’s J
best weapon, said Shell. The Pacific !
Railway is the Indians’ Alabama. Ev- j
ery blow struck on those rails is heard j
round the globe. Haunt that road wilh
such dangers that none will dare use it.
Some men may think us needlessly j
aggressive. No citizenship, they may !
say, would be a better remedy. Yes, i
by and-by. At present, citizenship
means little —Heaven forbid that we |
should betray the Indian to such pro j
tection as “citizenship” gives to the
Georgia negro and loyalist. No, we
are thankful the Indian has one defense
that the negro never had. He is no j
citizen aud has the right to make war.
Well may he use that last right, and
never yield it till “citizenship” means j
more than it docs now.
Au Abolitionist may well glory in
these red men. When, in 1865, Gen
ual Sanborn carried to the Seminoles
the news of emancipation, they'instant
ly set their slaves free. But, more just
than we, they proceeded at once to di
vide their possessions with them fairly !
—shared with them their pension mon- i
ey, and last Winter, in Washington,
were specially earnest to secure such a
teacher as these emancipated men would
prefer. When, two or three years ago,
Sherman’s commission met the ludians,
the Navajoes refused to come into con
ference unless their women could be ad
ruitted ou equal terms with themselves
to share the debate. Could these men
be pursuaded to undertake, for a few
years to come, the task of reconstruc
tion, what a saving of time ! What a
saving of honor !
Eiruestly do we wish that this nation
could rise to the level of once doing an
act of justice from pure and simple mo
tives of honesty and duty. But it does
not seem as if this level would ever be
reached in our day. In default of that
we rejoice to see the nation scourged to
its duty. Long and weary were the
years of blood and misfortune that fin
ally broke us into willingness to eman
cipate the black. May our stubborn
ness yield sooner and easier in this
matter of the Indians. It seems proba
ble. By the time Congress assembles
again, we think its members will be
ready—as they never have been—to tis
ten on this topic. The sad and ponder
ous documents stored in the Capitol
will, at least, be read, and we shall
learn that a nation by its own coufes
sion always in the wrong must seek
some other path out of its troubles than
by sending butchers to waste treasure
and blood in the vain effort to “exter
minate” a braver race than ours. We
spent a hundred millions really- fifty
confessedly—to “exterminate aud re*
move” tlie Seminoles lroin Florida.
But there are everglades in Florida to
day where no white man enters, and
which the Seminoles still hold. If this
be the case in Florida with a thousand
Seminoles, how likely are we to “exter
minate” twenty thousand such, spread
over the boundless West? Sherman is
bartering the glories of Atlanta for de
feat, utter and shameful aud well de
served, on the prunes.
Wendell I’uiLLirs.
From the National Intelligencer.
A New-Made Bridegroom Committed
to Jail.
In llie early part of last week, a man
appeared at the residence of Mr. Delos
Carpenter, on Pennsylvania avenue,
near Second street, west, and obtaiued
a room and board, representing himsell
as Wm. P. Brown, of Georgia, a
wealthy planter, who was here for the
purpose of selling a tract of 400 acres of
land, to raise funds with which to make
improvements on his home place, and
that he did not like hotel life, but pre
ferred rooming in a private residence,
where it would be more home like. Mr.
Brown, although not a very fine look
ing man, was a good talker, and very
soon became quite intimate with Miss
May Carpenter, the daughter of the
landlord, and representing that he
would settle SIO,OOO on her, and also
make a present of SI,OOO to Mrs. Car
penter, induced the young lady to con
sent to marry him. He also urged that
be was sadly in need of a wife, having
a daughter seven years of age on his
place, on which there was not another
white person, and consequently he
would like to get married as soon as
possible. Miss May consented, and on
Monday afternoon last, while Mr. Car
penter was absent, the license was pro
cured, and, a minister having been sent
for, the marriage ceremony took place
in the parlor, and was witnessed by a
very few persons, after which the bride
and groom left for the South, but, on
arriving at Alexandria, concluded to
stop there. Mr. Carpenter, having as
certained that the parties had been mar
ried, immediately started in pursuit, in
company with a friend. About half
past 8 o’clock Monday evening, the pur
surers found the newly married couple
at one of the hotels of Alexandria, and
had an interview with them. Mr. C.
informed Brown that if he could prove
that his statements were correct, he(C.)
would have no objection to acknowledge
him (B ) as a son-in-law, but until then,
he could not take away his (C.’s)
daughter. Brown expressed his wil
lingness to return with Mr. C., and re
main until he could furnish satisfactory
proof to him, and the bride willingly
returued to this city.
Tuesday Mr. C. again requested B.
to prove his good character. By this
time, however, an answer to a telegram,
making inquiries as to who and what
he was, was received from that part of
Georgia Brown represented he was from,
to the effect that no such person was
known in that section; and Mrs. C. dis
covered that a velvetine sack, valued
at S3O, and a gold chain, valued at SIOO
had been carried off from her house;
and informing her husband, he procur
ed a warrant for Brown’s arrest on the
charge of larcency of these articles.
The accused was arrested on Tuesday
night by officer Scott, of the Seventh
Precinct, in a room of the United States
Hotel, and was taken this morning be
fore Justice D. R. Smith, who heard
the evidence—Mr. Harrington appear
ing for the prosecution, and Mr. Jacob
son for the defense—and after argument
he committed Browh to jail in default
of S3OO hail for his appearance at court.
Exodus of Joe Smith Mormons.—
Since the commencement of the work
of building the Pacific Railway high
hopes have been cherished by a large
number of men and women in Utah,
known as dissenters and apostates from
Mormonistn —following of Joe Smith—
as inculcated by Brigham Young, that
on its completion an avenue of escape
would be open for them and they could
make their way, undisturbed by the
hirelings and cut-throats of Brigham
Young, from Utah to the States. They
have been denounced from the Brigham
ite pulpit as “apostate dogs” and the
Danite assassins sent on their track,
but still they perserved aud zealously,
though quietly adhered to their belief
in Mormonism as taught by the martyr,
Joseph Smith, although their lives were
iu jeopardy for so believing. Yester
day, May 31, a party of dissenters and
apostates, numbering about 40 souls, all
families, under the leadership of Mr.
Warren Walling, late President of the
Josephite wing of the Mormon Church
in Sait Lake City, arrived at the depot,
opposite the city, the greater portion of
them coming from Malad Valley and
the remainder from Salt Lake City and
vicinity. They chartered a car from
the Company, for which they paid
$1,400, and have provided themselves
with all the necessaries required on the
trip. They purpose settling in Nebras
ka, on the Missouri River, near Omaha.
Utah Reporter.
SATURDAY MOK.VIMJ, JUKE 19.
The telegraph announces the death of
Charles E. Ross, formerly of Macon,
Ga., which occurred at his home in Jef
ferson, Texas, on the 14th.
We learn from the Charleston papers,
that the extended drought which has
prevailed in that portion of South Caro
lina for more than two months, was
brought to a close on Monday last, by
a copious rain accompanied by a gale of
wind. _
Corn. —Those who havo large stocks
of corn on hand had better look out for
a market. The crop in South-Western
Georgia is a success, and we can scarce
ly imagine a disaster that can reduce it
below an abundant supply. —Albany
News.
A Mr. C. P. Floyd, of Nichols’ Depot,
on the Wilmington and. Manchester
Railroad, was run over and killed by
tjje night passenger train on that road
one night last week. The head of the
unfortunate man was severed from and
found about thirty yards from the body.
The Yankee Jubilee. —Jubilee hats
jubilee neckties, jubilee collars, jubilee
cobblers, aud other jubilee things arc
all the rage in Boston. A little jubilee
hemp, used there, wouldn’t do much
harm to the country generally.
Eight thousand German workingmen
marched in possession through the
streets of New York on Tuesday, and
fifteen thousand enjoyed a grand picnic
at Jones’s Woods. Lager beer flowed
without stint, but good order prevailed.
The Augusta Chronicle says the Au
gusta and Grantville Manufacturing
Company havo advanced prices on their
goods. Quotations now, 4-4 sheeting,
15j cents ; 7-8 shirting, 14 cents; 3-4
shirting, 11 j cents, and drill 16 cents.
Generous Request. Mrs. Kolb,
who recently died in Madison, Morgan
county, left an estate valued a! near
SIOO,OOO, almost; all of which is be
queathed to the ordinary of the county,
in trust, for the purpose of educating
the poor orphan children of tlie county.
WnrcAT in Rome. —The Courier of
the 16th says, “Wheat is now worth in
Rome, from $1 50 to $1 bushel
for good red.” The Courier says this
advance lias been influenced by the
large orders lately received by the mills
at that place,land that the high price is
probably only temporary.
The first tlirouh train over the Colum
bia and Augusta Riilroad, came into
Augusta on Tuesday last.
The train came through from Char
lotte, North Carolina, and made the
trip from that city to Augusta in twelve
hours—distance nearly two hundred
miles.
“The Little Reporter.” —Blodgett,
according to the Augusta Chronicle and
Sentinel, is making prodigious efforts
to get back into the Post Office. Bryant
had made out his bond and was about
to take possession, but the “Augusta
Mink” told him a lie and kept him out.
Reports from Washington favor the re
enstateinent of Blodgett, who is an es
pi cial favorite of Grant.
To Railroads. —The Postmaster
General authorizes the statement, that
under the present reorganization of the
special agents’ service of the Postoffice
Department no commission will be is
sued except to persons actually employ
ed. The number will be limited. Com
missions signed by tlie Postmaster Gen
eral should be duly respected. Other
commissions inoperative and void.
Pleased with the South. —Tho
National Intelligencer says:
A letter from Chief Justice Chase,
received here, gives a flattering account
lof the improved condition of South
| Carolina. He says the people are fast
j recuperating from the effects of the war
i and, if permitted, would soon be thriv
-1 ing and prosperous. lie and iris daugh
| ter have been treated everywhere with
the greatest respect aud kindness.
The Health of the Ciiy. —lt will
be seen, says the Savannah Republican,
by tbe weekly statement of tbe Board of
Health that our city was never before
in so healthful a condition as at present.
We give the following figures obtained
from the record:
Interments for week ending .Tune 14, 1866,...19
Interments lor week ending Juue 14,1867,.. .28
Interments for week ending .Tuno 14, 1868... .49
Interments for weok ending June 14, i860.... 14
This remarkable decrease occurs in
this report of thirty-five for one single
week.
A Fanatic on the Bench. —The
Atlanta Constitution says :
Judge McCoy delivered the opinion
of the Court with much oratorical flour
ish. He premised his legal enunciations
with a political harangue, in manuscript,
declaimed with much vigor, and gar
nished with suitable dramatic action.
We can imagine McCoy with his put
ty face, pewter eyes, and chubby dirty
fists, delivering his harangue through
his nose.
Impeachment. The ground swell
for the impeachment of Gov. Bullock is
gaining volume every day. Men with,
out respect to party line are calling for
it, and we learn that prominent men of
both parties are engaged in getting up
the facts to be presented at the called
session of the Legislature. A delegation
will leave soon for New York and
Washington City to obtain some impor
tant testimony.— Atlanta Constitution.
There is not the slightest danger of
Bullock’s impeachment before another
election in Georgia, and nobody knows
this better than Bullock.
The Macon Post Office.—A Wash
ington special, of the 14th inst., to tho
Louisville Courier Journal, says “the
Republican delegation from Macon,
who came on to secure the removal of
Turner, the colored Postmaster at that
place, telegraphed homo that they were
successful iu their mission, but the un
derstanding is just the reverse here.
The President, whatever he may have
promised, gave no order to the Post
master General to make the change.
Letters from Macon say the feeling
against Turner is growing very strong,
especially among the Republicans.”
First Peaches of the Season.—
The Charleston Courier says the first
shipment of peaches, this season, arriv
ed in Charleston on Wednesday last,
10th instant, on their way to New
York. They were from the farm of
Mr. James Purvis, near Aikin, South
Carolina. The Courier says this is the
earliest receipt of peaches in that city
known for several years, which speaks
well for the farm from which they
came.
We have several growers of early
fruit iu the vicinity of Columbus. We
have not yet heard of any peaches in
the market. However, we were shown
a few on Monday last, from the orchard
of Col. J. A. L. Lee, in tho eastern
part of this county, which had begun
to assume cherry cheeks, and were de
cidedly eatable. Just about in condi
tion for a voyage to New York.
The Imperialist.
A friend has laid upon our table copy
number ten of the “Imperialist,” the
first number of this journal which has
fallen under our inspection. Its head
ing is composed of a huge crown for a
Vignette, one side of which is the cele
brated expression of the present Em- ■
peror of the French —“The Empire is
Peace,” and on the other, the notorious
expression of Grant’s, “Let us have
Peace.” The paper has none of the
appearance of a catch penny sheet, but
is printed upon clear white paper and
fine type.
Its editorials are strong and well
written. The leading one in the uuin- !
ber referred to, is a furious onslaught
against Democracy. The Imperialist
admits that if there is another Presi
dential election in this country, the
Democratic party will surely triumph,
but contends that this triumph will not
bring peace or prosperity, and in man
ner contribute to the relief of the South
from the burdens now imposed upon it
by the party in power.
We are no more prepared to gainsay
this assertion than we are to accept the
Imperialism tendered to us, which seems
to be at present, nothing more or less
than a Radical Dynasty, with Grant at
the head of it; but we are altogether
prepared to try a Democratic triumph
whenever it comes our way. Weshould
be extremely pleased to settlo to some
extent with the cowardly scoundrels
who have imposed upon us for so long
a tirno, and if the country must drift
into Empire, as some of our philoso
phers aud statesmen contend, we desiro
to be in at the death, and to have a
hand in making the Emperor.
Among northern statesmen and sol
diers, there is no timber that will ex
actly suit us for the job. Grant won’t
do. lie is an admitted failure by his
own paiiizuus. When Sherman played
Boanerges, we thought he might fill
the bill, bul bind: ho has proven himself
a Pecksniff, it is potent that the robes
of an Emperor would bang too loosely
about his shoulders.
We do not exactly know what to
make of the “Imperialist,” but since
Fiank Blair lTightened the bondholders,
stake holders, manufactories, bankers
and shoddy ites so terribly last summer,
tln-re lias been a large party at tbe
Nm lh in favor ol a strong Government,
oi the one man power, and it is prob
aide that this paper maybe the organ
of the party. For the present, we don’t
want a Dukedom, and will bo entirely
content with a rousing Democratic tri
umph at the next general election.
Superior Court Friday The
morning was consumed in the argu
ment of motions. Anew trial was
granted in the case of the Wright Patent
Iron Sere* 7 Company vs. J. M. Russell
and others. No decision was rendered
in the case of the Executor of A. S.
Rutherford vs. Muscogee county, the
Judge declining to do so, as he had not
made up an opinion. The Present
meuts of the Grand Jury may be found
in this paper, and will bo interesting to
every citizen of the county. A great
deal has been accomplished at this three
week’s session of the Court. While
upon the subject we may as well state
that the note of endorsement given by
R. W. Jaques to Gilbert, the impostor,
has been found in the vault of a gentle
man, where it was deposited last fall.
The merchant, who owns the vault,
found, the paper and gave it to Solicitor
Thornton for safe keeping.
At noon tho Court was adjourned
until the 4th Monday in July.
Post Office Colored Clerks.—
The Charleston Courier says tho rumor
for sometime afloat, of tho appointment
of colored clerks in the post office in
Charleston, has at last assumed a tangi
ble shape, and that in a few days the
appointments will be made. The gen
tlemen to be discharged, it says, have
served in their positions with credit
and fidelity, and are to be discharged
for no fault of their own. It is probable
that the new appointments are to be
made simply to satisfy tho inordinate
lust after office that has characterized
the colored man since his emancipation
and that it was meditated at the reap
pointment of the present postmaster.—
The names of the appointees are N.
Montgomery, formerly a barber, and
Smith, both light colored. We
live under a republican government,
and this is ono of the sweets of Repub
licanism. One is almost tempted to
shout— " The Empire is Peace , Let us
have reace."
A Negko Orator Inciting to Out
rage.—We publish an abstract of a
speech recently delivered by a negro
orator in Mississippi under the auspices
of the white Radical Executive Commit
tee. Tho fellow has the effrontery to
acknowledge that he was an “emissa
ry” an£ an “incendiary ;” that he was
paid for coming, advised tho negroes to
stop working for white rebels, and oth
erwise incited the black population to
riot and outrage. If the Federal com
manders in the unreconstructed States
cannot choke off these nigger incendia
ries, the sooner the whites take them in
hand and choke them off in a more ef
fectual way the better.— New York Her
ald.
Whenever the white people of the
South go to choking off any of the ras
cals, black or white, sent down here to
rob, steal aud burn, and violate the
peace in every conceivable shape, the
New York Herald joins in the cry, that
they shall be choked at the sentence of
Military Commissions.
An Old Government Employee
Removed to Give Place to a Negro.
—We understand, says the Savannah
Republican, that among the whjjo men
in the employ of tho Custom House in
this city, who have recently been re
moved to give place to negroes, is Mr.
Ponce, who has been in the service of
the government in this State for the last
twenty-five years, and in the Revenue
service for eighteen years. He speaks
several languages fluently, aud has
made himself very useful as an inter
preter. He has discharged his duties
to the government with intelligence
and iu good faith, and now, after hav
ing spent the flower of ids life in the
public service, he is deprived of the on
ly employment for which he is suited
by long experience, merely because he
is so unfortunate as to be a white man.
Another Head Off.— The Wash
ington Star of Saturday says: “The
Secretary of War has directed that the
warrant of Henry Williams,Superinten
dent of the National Cemetery at An
dersonville, Ga., be revoked on account
of improper conduct.” The cause of
removal is not stated, but we think it
likely that his allowing the people of
the neighboring tow us to deck the
graves of the Confederates within the
Incloßurc of the National Cemetery had
something to do with it.— Bav. Repub.
A Beautiful Indian Supers-ition.
—Among the superstitions of the Sene
ca Indians is one of singular beauty.—
When a maiden dies they imprison a
youug bird until it begins to try its
power of song, and then, loading it with
caresses, they lose it over her grave,
iu the belief that it will not fold its wings
nor close its eyes until it has flown to
the spirit land, and delivered its pre
cious burden of affection to the loved
a nd lost.
DECISIONS
OF THE
SUDKEHE COURT OF UEOKUIA,
Delivered at Atlanta,- June 15f/i.
f Reported Expressly lor the Constitution, by
N. .T. Hammond, Supreme Court Reporter.]
Richard W. White, plaintiff in error,
from Chatham, vs. The State ot
Georgia, ex. rol., W. J. Clements,
defendant.
In said case the Court were unani
mous in reversing the judgment below,
but agreed to do so upon different
of the full Bench,
and of the majority are given below --
The reasons why each ot them held his
particular views, were stated at great
length by each, but they are, ot course,
subject to any changes which the seve
ral judges may make in writing out
their opinions, and we cannot give
them now.
McCay delivered the opinion. (By
the whole Court:) When there was a
quo warranto and a demurrer, and, also
an answer denying a material lact, and
a jury summoned to try the issue, and
the defendant called up tho demurrer,
and no objection was made to the hear
ing at that time, and tlie demurrer was
heard, as a distinct motion, and a dis
tinct judgment was had thereon before
the issue was presented to the jury:—
Held, that in the argument on the de
murrer the defendant had tlie right to
open and conclude.
2. The statements of a register of vo
ters, that he had tnaiked a registered
person’s name with a “c,” to demon
strate that he was a colored person, and
had posted his lists for some time, in a
public (dace, and that no application
had been made to have the said letter
“c” erased, is not evidence that the
person is a colored person, (it not be
ing shown that tiie person knows of
tho entry', aud that it was the subject of
conversation.)
3. Although a copy of a paper, prov
en to be beyond the jurisdiction ol the
Court, is good secondary evidence o! its
contents, yet it must be shown that the
original was duly executed.
4 An application for a Lite lusu
ranee, though signed by tlie applicant,
upon tlie bach oi which was an entry,
by tbe examining physician, that the
applicant was a mulatto, is no evidence
of the fact, unless it he proven, that the
person signed the paper, alter the en
try on the back was made by the phy
sician, aud with the knowledge of the
entry, aud with intent to adopt it, or
that he used the paper after the entry
was made with a knowledge that such
entry was there.
5. The statement hy an examining
physician, that he had at a certain time
examined a person, and had then been
of opinion that the person was a mulat
to is not evidence. It tlie physician is
au expert, he must give his present
opinion, and if uot, he must state on
which ho bases his opinion.
6. Whether or uot a person is color
ed—that is has African blood in liis
veins—is matter of opinion, and a wit
ness may give his opinion, it he state
the facts on which it is based. Whether
the fact that one has one eighth of such
blood, be matter ol opinion. Quere?
7. One who testifies that he lias stud
ied Ethnology, may give his opinion as
an expert on a question oi race.
8. Pedigree, relationship and race
may be known by evidence ol reputa
tion, among those who know the per
son, where pedigree or race is in ques
tion.
9. By a majority of the Court —War-
ner dissenting. Where a quo warranto
was issued charging that a person hold
ing an office, was ineligible when cho
sen, because of his having in his veins
one-eighth or more of Airicau blood,
and there was a demurrer, to the in
formation, as well as an answer deny
ing the fact; upon which denial there
was an issue, and a trial before a jury.
Held: That by the Code of Georgia, a
person having or more Alrican blood
in liis veins is not ineligible to office
in this State; and it was error in tlie
Court to overrule the decision, and to
charge the jury, that if the plaintiff
proved the defendant to have one eighth
or more of African blood, he was ineli
gible to office in this State.
A. W. Stone, James Johnson, A. T.
Akermau for plaintiff in error.
T. E. Lloyd, Julian llartridge for de
fendant iu error.
Early Varner, plaintiff in error, vs.
Benjamin Wooteu, defendant iu error.
Rule, etc., from Randolph.
BROWN, C. J.
1. A Deputy Sheriff is liable to rule
for failing or refusing to pay over money
collected by him. But he is subject to
the control ofthe Sheriff; and if lie col
lects money on a li. fa., aud pays it over
to the Sheriff whose deputy he is, lie is
not liable to rule at the instance of tlie
plaintiff in fi. fa. after such payment.—
In such caso the plaintiff must pursue
his remedies against the Sheriff'.
Judgment reversed.
B. S. Worrill,represented by A. Hood,
for plaintiff in error.
W. K. Kiddoo, for defendant in er
ror.
James Powell, plaintiff' in error, vs.
Beverly D. Parker and Tho South
western Railroad Oompony, defen
dants in error. Equity, from Ran
dolph.
Brown, C. J.
1. An injunction will not be granted
for fraud unless the bill sets forth the
specific acts of fraud upon which it is
sought—a general allegation of fraud is
insufficient.
2. An injunction will not be granted
to retain the sale, by defendant of his
railroad stock, aud the drawing ol the
dividends by him; on tho ground that
complainant holds his covenant of war
ranty of title to a lot of land, the title of
which is in dispute in an action of
ejectment, when the bill shows that the
railroad stock and other property of the
defendant, is of much greater value than
the sum for which he may become liable
ou bis warranty, and there is no charge
that be is beyond tho jurisdiction of the
Court, or that he is insolvent, and no
other sufficient equitable ground is stat
ed in the bill.
3. When the Chancellor, on the bill
being presented to him, ordered that the
defendants show cause, on a day men
tioned, why an injunction should not be
granted, and that, in the mean time, the
defendants he enjoined, till the further
order of tho Court; and on the hearing,
the Judge having refused tlie injunction.
Held: That tho temporary injunction
expired of its own limitation when the
injunction was refused at the hearing,
aud that no vitality could bo given to it
pending the proceedings, in this Court,
by bond giveu by complainant, which
is claimed to operate as a supercedeas of
tbe judgment refusing the injunction.
Judgment affirmed.
W. A. Hawkins, for plaintiff in error.
West Harris, A. Hood, lor defendant
in error.
Alexander A Howell, plaintiffs in error,
vs. Edmond Glenn et. al., defendant
in fi. fa. and Sarah Glenn, claimant.
Claim case from Early.
Brown, C. J.
1. Tho owner of a plantation employ
ed freedmeu to cultivate it for part of
the crop, and agreed to furnish provi
sions, but being unable to do so, applied
to plaintiffs to furnish them to prevent
a failure of the crops, stating that any
arrangement they might make with the
freedincn to secure the same upon the
growing crop would be satisfactory to
her : Held, tliat.it was error in the Court
to refuse to permit plaintiffs to give these
facts in evidence on the trial.
2. Where tho evidence shows that it
was tho intention of the parties to create
a lien on the growing crop, under the
act of 1808, for provisions furnished to
make the crop ; as tho statute prescribes
no form ; the words “sell, mortgage and
convey,” are sufficientfor that purpose.
Judgment reversed.
J. E. Brown, Fielder A Powell, T.
F. Jones, for plaintiffs in error. A.
Hood, Richard Sims, for defendant in
error.
Nick Hightower plaintiff in error, vs.
Jesse Williams defendant iu error.
Ejectment from Early.
Brown, C. J.
1. A deed which has not boon record
ed cannot be given in evidence as color
of title witbont proof of its execution.
2. When both parties derive their
title from the same person, plaintiff in
ejectment need not show title into such
person.
4. In a proceeding to foreclose a mort
gage on real estate, the Superior Court
of the county wiicro the land lies, has-j
jurisdiction of the subject matter, and j
a purchaser at Sheriff’s sale, under a j
judgment of forecloseuro, now claim to
havo been without service, will be pm.
tected, when the rule absolute shows
upon its face that a copy of the rule
Nisi wits served upon the mortgagor »e
cording to law.
4. When service of the rule wub ac
kuowledgcd by a general agent of the
mortgagor, who now testifies that In
wasoiot specially authorized toacknowl
edge'service of the rule ; and it appeals
in evidence that tho plaintiff in eject
ment held the mortgaged premises un
dor tlie mortgagor, by deed younger
than the mortgage ; and that he was in
Court when the rule absolute of forecln
sure was taken, and made no objection
to the judgement of foreclosure, it ls
not void as to him ; aud lie w ill not be
permitted to attack it collaterally f ()r
want of service in action of ejectment
against the purchaser at Sheriff’s sail-,
ofthe mortgaged premises. Judgement
reversed.
Hood & Kiddoo, lor plaintiff in error.
Fielder & Powell, for Ueiendant in
error.
James J. Waring, plaintiff in error, y„
The Georgia Medical Society, defend
ant in error. Mandamus from t ii„i
ham.
Brown, 0. J.
1. When a voluntary society iqi|,ii, s
for a charter and is incorporated to pm
mote its objects ; the acceptance ol the
charter subjects it to the supervise
the proper legal authorities having ju
risdiction in such cases.
2. The Georgia Medical Society is a
private civil corporation, and the cm
porators have a property iu the Imu
cliise of which they can not he deprived
without due process ot law.
3. The ninth by-law of this corpora
tion is a legal and proper one, in view
of tbe objects of the Society ; but the
Society lias not au uneonlrolahle dis
cretion in Us construction and enforce
ment. When a proper case is made the
Courts are to construe it, and judge o!
tlie legality ofthe action of the Society
under it.
4. The Superior Court of Chatham
county, where this corporation is locat
ed lias t he visitorial power over it, with
authority to redress any wrongs which
tlie corporation .may inllict upon its
members.
5. Where a corporator has a cleai
legal right which has been violated by
the corporation, and he has no other
adequate legal remedy, he is entitled to
relief by mandamus.
0. Tbe record in this ease shows that
the society censured Dr. Waring for
doing that which the law not only au
thorizes but encourages ; and the return
to the mandamus ni si shows no suffi
cieut cause for his expulsion. He is
therefore entitled to a peiemtory man
damns, commanding and compelling
the Society, to restore him to all liis
rights and privileges as a corporator.
Judgment reversed.
llartridge and Chisolm, lor plaintiff
in error.
Thos. Loyd, Jackson, Lawton A
Bassingcr, for defendant iu error.
S. 11. Mims, plaintiff in error, vs. The
State ol Georgia, defendant iu error,
Vagrancy from Early.
Brown, C. J.
The evidence in this case was clearly
insufficient to support tlie verdict; and
the judgment is therefore reversed, and
anew trial granted.
J. K. Appling, A. Hood, for plaintiff
in error. 8. Wise Parker, Solicitor
General, for the State.
S. H. Hawkins, plaintiff in error, vs. E.
B. Loyless, defendant in error. Mo
tion to enloreo attorney’s lien, from
Webster.
McCoy, J.
l’be lien of an attorney for fees, on
papers iu bis hands, aud on the judg
ments he has obtained for his client,
does not operate so as to prevent a bona
fide settlement by the defendant with
the plaintiff'in full, provided there was
no notice to tlie defendant not to pay
without reserving the fees; aud provi
ded, also, the settlemen was not made
with intent to defeat the attorney iu
collecting his fees.
C. T. Goode, S. 11. Hawkins, for
plaintiff iu error.
M. Blanford, W. A. Hawkins, for
defendant in error.
Wm. LI. Chappell, adm’r, plain! iff in
error, vs. Wm. S. Adkin, defendant
in error. Equity, from Webster.
Warner, J.
When a bill was filed against an ex
ecutor by a creditor, praying for an iu
junction and the appointment ol a re
cciver, alledging that the executor was
insolvent , unmarried, extravagant, eu
gaged in no settled business, and in
tending soon to rctnovo to llomluras,
and was badly managing Ids own busi
ness, as well as that of his testatrix,
that ho said he would sell the property
of his testatrix, realize tho money, ami
leave without paying any of tho bulks ol
the estate. Held, that the Court below
erred iu dismissing the complainant’s
bill upon demurrer thereto for want of
equity.
Judgment reversed.
J. L. Wimberly, S. 11. Hawkins, for
plaintiff in error.
Blanford & Miller, for defendant in
error.
Alexander A Iloweil, plaintiff in error,
vs. William C. Suiitu, defendant in
error.
Warner, J.
When, upon the liial of a cause, a
mortgage deed, which bad been recorded,
was offered iu evidence,and was objected
to on the ground that it did not appear
to have been stamped, and the parly
offering tho mortgage deed, proved that
the deed had been stamped according
to law : Held, that the Court should
have submitted the question of the fact
to tho jury, under tho evidence whether
the deed had been stamped or not, as
required by law, under the charge of the
Court upon that point.
Held, also, that when the deed, show
ing a settlement between the panics,
was offered in evidence, the Court
should have left the question to tin jury
as to whether the deed was delivered or
not, under the evidence contained in
the record, and have charged the juiy
as to tho law applicable to that point in
the case. When there is evidence as
to the delivery of a deed, it is a qu'-s
tion of fact for the jury and not ho the
Court to decide upon the fact, whether
there has been a delivery of the deed.
Held, further, that where an iustru
ment is offered in evidence, required
by law to bo stamped, and, by the act
of one of the parties, the stamp is pre
vented from being put on the deed, th*'
party so preventing shall not he in Id
objecting thereto; but, if the Court shall
be satisfied that there was no intention
to defraud the Government of its reve
nue, the Court may, in such a case, al
low the proper .stamp to he placed on
tho instrument at the time of the trial.
Judgment reversed.
J. C. Bower, Fielder & Powell, T. K.
Jones, for plaintiffs in error.
A. Hood, Richard Simms, for defend
ant in error.
i Henry R. S. Long, plaintiff in error, vs
| Edward McDonald, defendant in er
ror. Complaint from Early.
Warner, J.
1. When a siflt was instituted in the
county of Early, against L and I’, a
j leging that they were partners, L resui
, ing in the county of Clark, and a short
I time before the session of the Court in
| Early, at which the case was tried; 1
I died, tho defendant’s counsel moved to
j continuo the case as to L, the allege ll
surviving partner, upon the ground
Mint the partnership was denied, at»
that the survivor, L, had relied upon
I the evidence of P, the decedent, to dm
1 prove the alleged partnership; but, 111
consequence of tho sudden and unex
pected death of P, there hud not Ik' l ' ll
time to procure the evidence ol L,
i other partner, who lived in tho county <>
Clark, to disprove the alleged partner
ship. Held, that the Court erred in
overruling tho motion for a continuance
upon the showing made therefor as sta
ted in the record.
2. When one of two contracting 118I 1811
ners is dead, the plaintiff can not he a
witness against the surviving partner
to prove a contract made with the de
ceased partner.
3. A pica denying tho existence ol 8
partnership is a plea in bar, and altuo
sworn to, is not a dilatory pica, whicn
is required to ho filed at the first term
of the Court. Judgment reversed.
J. C. Rutherford, J. E. Bower, L.
Gleun, for plaintiff in error.
W. I). Kiddoo, for defendant in error.
The handsome residence of tho late
Judge Berrien, near Clarksv die, Haber
sham county, Ga., was burned a tew
ulghts ago.