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COLUMBUS
FRIDAY MORNISe, AUO. 27.
The Circuit Court of Macon county,
Ala., begins its Fall term next Monday
week.
One thousand five hundred million
gallons of water were pumped from the
rivers for the use of Philadelphia laßt
month.
A gentleman from Jones county, who
has examined the cotton fields from
Milledgeville to Macon, thinks two
bales to the hand is more, perhaps, than
will be made.
The author of “Beulah,” “St. Elmo,”
and so forth, is out with still another
story. Great ’Evans ! — N. 7. World.
A Mr. Thornton, a merchant in Green
ville, Ala., formerly of Pensacola, fell
dead at the door of his place of business,
on Tuesday last, from appoplexy.
The Union Springs Times says the
trains on the Montgomery and Eufaula
road will be running to Fitzpatrick’s,
twelve miles from Union Springs, on
Saturday next—to-morrow.
Preparing for the next War.—
The other day a lady in the Dark Cor
ner of Carroll county, Ga., gave birth
to twins. On the same day and in the
same house two of her daughters
brought forth twins—all boys. Old
Carroll is certainly the banner county.
The turn out of our citizens to the
meeting Wednesday night, gave an
earnest of the Interest they felt in the
measure that was to come before it for
deliberation. And we are pleased to
know that many who came to oppose,
after hearing the report and recommen
dations read, cordially supported the
measure. So we predict it will be with
others, when they calmly examine the
report of the committee, which will be
found in this issue of the Sun. Bead
it at leisure. Bead it again and again,
and consider well its statements and
recommendations, and the safe guards
thrown around, to guard the appropria
tion from waste; and like mon who
value your homes, the future prosperity
of our city and your families, come up
to its support. In union there is
strength. Then let us pull together and
carry out the recommendations of the
committee, and a prosperous career
awaits us.
Forewarned, Forearmed. Our
people should feel deeply grateful to
the agent of the Associated Press at
Washington. Maj. Barr has not forgot
ten his old friends, and with characteris
tic kindness has notified them that Beast
Buttler will attend the Georgia State
Fair to be held at Macon in November
next. After the announcement all visi
tors will of course go in plain dress and
will leave their jewelry at home. As
for ourselves we do not believe that the
Beast can be hired, coaxed or driven on
the South side of the Potomac, but for
fear of accidents the energetic and sa
gacious committee having the Fair in
charge will doubtless withdraw the
premiums offered for silver ware, silk
dresses, pianos and pictures. If Butler
does attend, small children and ladies
in interesting conditions should not be
permitted to visit the exhibition. We
are surprised and mortified to know
that an outlaw, with no claims upon hu
manity, has been honored with an invi
tation.
The Gettysburg Pow Wow.—For
ney owns an interest in the Gettyburg
hotel. Hence Forney wants people to
go there and spend money. By aid of
the Telegraph, he made many good
people believe that Gen. Lee, and a
large portion of the survivors of the
Confederate army were going there to
glorify the Yankee nation. The follow
ing dispatch shows that Forney caught
one fool, and that Gen. Lee knows how
to maintain his own dignity and self
respect:
Gov. Geary and others, who took
part in the war, will arrive to morrow.
Ex-Confederate officer Col. Walter Har
ris has arrived. Gen. Lee, in acknowl
edging the receipt of an invitation to be
present, says, his engagements will not
permit his attendance ; and adds, “It is
wisest not to keep open sores of war,
but to follow example of those nations
who endeavored to obliterate marks of
civil strife, and commit to oblivion tho
feelings it engendered.”
The Georgia Ureas Convention as
sembled in Atlanta on Tuesday, 24th
inst. The body organized by calling
Joseph Clisby, of tho Macon Telegraph,
to the Chair, and appointing J. H.
Christy, of the Athens Watchman ; H.
H. Jones, of the Cuthbert Appeal; and
A. R. Wright, of the Augusta Chron
icle, Vice Presidents. A. R. Watson,
of the New Era, Secretary, and C. H.
C. Willingham, of the LaGrango Re
porter, Assistant Secretary. Forty-one
presses were represented. After the
appointment of the following commit
tees, to consider and report on the mat
ters referred to them, at another Con
vention to assemble at Macon during
the State Fair in November next, the
Convention adjourned to go on the
Hulbert excursion.
The following are the committees
appointed :
1. Committee on Permanent Organ
ization—W. A. Hemphill, J. M. G.
Medlock, T. A. Burke, J. I. Whitaker,
S. A. Atkinson.
2. Committee on Constitution, By-
Laws and Rules—C. W. Styles, C. W.
Hancock, F. S. Fitch, S. R. Weston,
E. T. Pound.
3. Committee on Rates of Legal Ad
vertising and rates of advertising gen
erally—C. H. C. Willingham, S. B.
Burr, M. Dwinnell, Willis M. Russell,
Elam Christian.
4. Committee on the System of Agen
cies and the Cash and Credit System—
J. H. Christy, Samuel Echols, H. M.
Burns, J. C. Wooten, J. W. Anderson.
5. Committee on the Press—J. H.
Martin, W. A. Harpe, Henry Moore, I.
W. Avery, J. W. Call.
Horrible Outrage— A Respectable
Lady Violated and Murdered. —A gen
tleman of known veracity and position
in the State, who came down the State
Road yesterday evening, reports that
a respectable lady at Adairsville had
been found yesterday morning, murder
ed, and giving evidence of having been
violated. Her skull was fractured and
contusion on her throat marked where
the foul fiend clutched her in his mur
derous efforts. It was supposed to have
been the work of a negro ruffian, and
when the train passed, every citizen of
Adairville was engaged in hunting for
the vile miscreant. We will see wheth
er a reward is offered for his capture by
the powers that be.— Atlanta Constitu
tion.
The following joke is too good to be
lost: “General Butler was taking tea
at the house of a lady friend in Wash,
ington, the other day. The General
seemed to look as though something
was lacking, and the following dialogue
took glace : Hostess—‘Can it be possi
ble, general, you have no spoon ?’ But
ler, rising indignantly and holding out
both hands—‘No, madam; if you don’t
believe it you can search me.’ ”
Theaibical. —Crisp’s theatricals are
performing in Texas, to delighted au
diences, and a visit through the South
ern States is probable the coming win
ter.
EX'PBESIDENT JOHNSON.
Speech in Knoxville—Moral of the Late
Election in Tennessee—Emphatic I)e
duration About the Public Debt—
''Preserve the Republic and let the Debt
Go."
Ex-President Johnson was serenaded
at the Lamar House, in Knoxville,
Tenn., on the 17th inst., and,in response
to calls from the assembled crowd, ad
dressed them as follows:
EX-PRESIDENT JOHNSON’S SPEECH.
Fellow Citizens: I am not in
Knoxville at this time for the making of
a studied address to the people ; but
being called upon, and unexpectedly,
to-night, I will tender you my thanks
for this reception. I assure you I know
how to appreciate a reception of this
kind, for an impromptu gathering of the
people to listen to one who has so often
been honored by them, always means
to me more than the dry and forced re
ception, gotten up to order. But being
called upon, and finding this large as
sembly waiting to hear me, there are
one or two things which I will say.
Wo have just passed through an im
portant and excited canvasß. The ver
dict of the people of Tennessee has been
rendered, and of the decision you are all
aware. A popular revolution has taken
place in our State.
Ours is a popular Government, both
State and Federal. There have been
but two perfect forms of government
since the earliest history of the world.
One an absolute government, in which
the power is vested in one man, who
wields entire sway over his subjects.
Such a government is an empire, or a
domestic monarchy. The other is one
in which all power is lodged in the
hands of tho people. Such is a republic.
In our Government we assume that all
power is lodged in the great mass of the
people, and the ballot box is the medium
or conductor which converts tyranny
from the heads of the people. For the
purpose of illustrating the subject I
shall consume a little of your time.
A POPULAR FORM OF GOVERNMENT.
This is a popular Government. It is
a democratic form of government. 1
use the word “democratic” in a govern
mental sense. But the government we
have had since the war closed has been
somewhat removed from that of a re
publican form. This is a representative
republic—a representative democracy.
In the recent election in this State, the
people, in the exercise of their power,
through the ballot box, have decided in
favor of a constitutional republic.
There is, fellow-citizens, no liberty
without a constitution. It was a max
im laid down by the old Greeks that
“the soul of liberty is law.” Prior to
the late election we have had, here
in Tennessee, powers administered,
in part, as of a limited monarchy.
So in the Federal Government. Con
gress has been for the past four years,
omnipotent. There has been no re
straint upon Congress. In their actions
they have consulted merely their
own discretion. When we examine
closely the principles which underlie
monarchial government and those of a
republic we will find that our govern
ment has been swinging from the one
extreme to the other of both forms of
government.
THE PUBLIC DEBT—“SAVE THE REPUB
LIC, LET THE DEBT GO."
In our present condition we see the
history of the world proved. We start
ed with a representative democracy.
The fathers of the country conceived
the constitution which, as it has truly
been said, was “an inspiration from on
high.” Lately we find that great ef
forts have been made to change our
form of government and to divide the
Government. Now that we are en
deavoring to get back to our old mooring
and our true position, the danger lies
in our going too far the other way. I
trust in God, the good sense of the peo
ple, will prevent it from being merged
into a despotism. It is even now being
attempted. Your attention.
AN EMPIRE ON THE RUINS OF THE RK
BUBLIC.
Men in power in this Government are
even now attempting to create an em
pire on the runs of the republic. There
is a debt owing by the United States
amounting to $2,500,000,000. These
men who engaged in this conspiracy
to change our republican government to
an empire say that this debt was created
to “preserve the republic.” Now, what
is assumed ? Simply that we must de
stroy the republic for the purpose of
paying the debt, by converting the re
public into an empire. My countrymen!
before God and this people to-night, I
would rather that the republic was pre
served and the debt let go. [Loud
cheers. ] This debt was created to save
the republic. Now the republic must
be destroyed to pay the debt. Bather
let the Government be preserved and
let the debt go. [Cheers.]
TnE FIFTEENTH AMENDMENT.
Our Government is one in which the
people do the voting and are the source
of power. They are sovereign. A9
long as the power is in the people the
State can determine its status and pow
ers. Now it is assumed by Congress
to propose an amendment to the Fed
eral Constitution which prohibits the
State from fixing the qualifications of
its voters. Then, if this amendment is
adopted, Congress takes the power
away from the State, that body becomes
sovereign, and the country is swinging
towards empire.
The Constitution of the United States,
in arranging for represention of the
several States in Congress, determined
that Congressmen should be elected by
the electors in the State qualified to
vote for members of the most numerous
branch of the State Legislalure. The
fifteenth amendment proposes to lodge
this power in Congress.
Let us look at the present condition of
Virginia, Mississippi and Texas. After
it had been demonstrated that they had
no power to secede, it is now proposed
by the Federal authorities to keep them
out of the Union. Now the Constitu
tion, in giving permission to amend
itself, says, “Provided that the Consti
tution shall not be so amended as to de
prive any State of its equal suffrage in
the Senate.” The Government now
turns to Virginia and says that until she
ratifies the Fifteenth Amendment she
shall not be represented in the Senate.
THE REAL PARTY.
The time is now come when we should
consider the elementary principles of
our Government, and where they are
tending. Away with these shallow
cries for party! Let us form a party
strong enough to save the Constitution
and the country. Let us rally under
the Constitution. Let us know no
party animosities engendered in the
days gone by.
The speaker here addressed the col
ored men present, advising them of their
true condition and their interest in
voting en masse with the white popula
tion of Tennessee.
THE BONDHOLDERS.
Where is all the gold and silver iu the
country f Our paper money is from
thirty to forty per cent, discount. From
1849 to 1852 there passed through the
mints, receiving the device of the Gov
ernment, over $800,000,000 in gold and
silver coin. The largest amount of
paper in circulation at any time was
$700,000,000. Where is this gold and
silver ? As the paper money has been
pushed out tho gold and silver has been
taken into the safes and the vaults of
the men who control this $2,500,000,000
debt. When the paper money vanishes
into thin air, these men will demand,
seize upon and control the property of
the country. It is the best contrivance
ever made to make the “chaff of the
king better than the poor man’s corn.”
It is cracking the nut, taking out the
contents and throwing the shell to the
people.
A COMPARISON.
How does this matter stand ? Take
the widow of a soldier—what money do
they pay her in ? The bondholder goes
to the Treasury, presents his coupons
and is paid in gold and silver. At the
next desk the poor widow’s pension is
paid in shinplasters. She goes to the
market and pays a dollar and a half for
a dollar’s worth. He buys a dollar and
a half’s worth for a dollar. I tell you
to place the right men in power. It is
the deliberate design of men at the head
oi your Government to change its char
acter. Unless you get back Into the
safe mooring of the Constitution within
the next four years you are gone. You
may talk of parties, but this is the great
question.
CONCLUSION.
I thank the people of Tennessee for
the kindness and regard with which I
have been welcomed alLover the State.
Railroad Meeting Wednesday Night
In pursuance to the adjournment of
the meeting in this city on 11th instant,
at the Board of Trade Booms, a large
number of our intelligent citizens as
sembled at Temperance Hall on Wed
nesday night, to receive the report of
the Committee appointed at the previ
ous meeting. The meeting was called
to order by inviting Dr. N. J. Bussey
to the chair, and nominating Thomas
K. Wynne, Eeq , as Secretary. The j
report was called for, and presented by
Thomas DeWolf, chairman of the com- j
miltee, and was read as follows:
The committee appointed at the
meeting held at the Board of Trade
Rooms in this city on the 11th in
stant, to consider and recommend
measures necessary for the improve
ment of the commerce, trade, manu
factures, and industrial interests of
Columbus, have had the same under
consideration, and, present the fol
lowing as the result of their delib
erations. We shall first present the
causes of the decay of the once pros
perous commercial career of Colum
bus.
The natural advantages of Colum
bus at its first settlement, from its
surroundings, had no equal among
the interior cities of the cotton States,
to say nothing of its unequalled
water power for manufacturing pur
poses. It formed the centre of a
territory nearly one hundred miles
in extent, in every direction from the
[ city. It was the place of exchange
for the products of tbe counties of
Harris, Troup, Carroll, Heard, Polk,
Paulding, Floyd. Cobb, Coweta,
j Fayette, (Juinettc, Meriwether, Pike,
| Upson, Talbot, Taylor, Schley, Lee,
Macon, Sumter, Baker, Terrell, Web
ster, Calhoun, Early, Clay, Randolph
Quitman, Stewart and Marion in
Georgia; and Barbour, Russell, Bul
lock, Tallapoosa, Chambers, Ran
dolph, and the larger portion of Ma
con county, Alabama; comprising
a territory quite as extensive as the
largest New England State. As
this territory became peopled and
put into cultivation, the city expand
ed, populated and prospered for some
ten or fifteen years. Some ten years
after she began her career, the idea
of constructing artificial arteries of
commerce, took possession of the
public mind, except among the peo
ple of Columbus. They stood upon
the proud position of “master of all
they surveyed.” They could not for
the life of them see the points ; and
whilst Macon, on the east, and
Montgomery, on the west, whose
commercial position, until they be
gan to build railroads, was barely
sufficient to give them the importance
of respectable court house towns,
began to build roads, and with these
aids they began to expand, and soon
outstripped what was once thought
to be the great city of Georgia. In
! the face of this prosperity to these
j neighboring cities from railroad fa
cilities, Columbus stood still, and
■not only declined to accept railroad
charters, but positively refused to
permit the great road connecting
Montgomery and Augusta, to pass
through this city; and not until the
road passed through the country
above, and deprived it of the trade
of the entire belt of territory north
of the mountain in Harris, did the
people of Columbus realize their
awful mistake. It was then too late
to retrieve the losses by this mistake.
The city, it is needless to say, went
fast to decay; stores and dwellings,
once occupied by prosperous tenants,
soon became vacant, and wreck and
ruin stared our people in the face.
At this time the construction of the
South Western road had been con
ceived by Macon, to despoil Colum
bus of the trade of Macon, Sumter,
Schley, Lee, Baker, Terrell, Webster,
Randolph, Early, Clay, Quitman,
Calhoun and portions of Stewart and
Marion. Seeing the utter ruin to
the commerce of the city produced
by the road by West Point, and the
additional blow aimed at what re
mained, by the completion of the
South Western road to Cuthbert,
the exclamation in the mouth of
every real estate owner in the city,
was, “what shall we do to be saved
from utter annihilation ?”
The idea was then conceived of
building a road in the direction of
Macon, and after much tribulation,
an arrangement was agreed upon
with the South Western Company,
to build the road to Fort Valley —
Columbus building to Butler. This
was completed in 1853. This road
did not add any new trade to Colum
bus, but simply gave her an outlet
to the sea by rail. The next move
was for the Mobile and Girard road.
This road was surveyed in 1850, and
track laying commenced in 1854.
At the end of 18 miles from the city,
for want of means, the Company sus
pended, and but for the noble and
energetic spirit of the lamented
Major Jack Howard, possibly the
road would have rested at that point
until this day. To that point we
believe the city had expended one
hundred thousand dollars. Major
Howard took it up in 1856, and af
ter a monstrous struggle of three or
four years, with the additioal assis
tance of $200,000 from the city, the
road was running to Union Springs
in 1860. From that point, by aid
from the Central road, amonting to
some where about $700,000, the road
is now nearly completed to Troy.
Thus, to complete a road a little over
80 miles, we have expended $300,000,
and to put it this distance, we have
had to yield up all control in its
management. Whether for good or
evil to us, is yet to be tested. The
road has already paid us back ten
fold on our investment, and if its
stock never avails our people any
thing, they have already been large
gainers by it. It saved the city from
utter destruction, and if properly
directed, will yet greatly increase
our trade.
The Opelika Branch road, which
was built without any expense to the
city, brought back to us a portion of
our lost trade in the northern portion
of Russell and Macon counties, and
portions of Tallapoosa and Cham
bers.
With the aid of the three roads,
we have not replaced the trade lost
by the damage from the building of
the West Point and Atlanta road.
Then where shall we look for further
relief? The question is easily an
swered.
A fine territory lies Northwest of
us, which is cut off from all markets
except by great efforts to reach them.
A company is now struggling to
build a railfliad through it. We
allude to the Savannah and Mem
phis road, which is designed to con
nect Columbus with the permanent
navigation of the lower Tennessee
river, at a point near Tuscumbia,
Alabama. The lands for more than
one hundred miles along and contig
uous to the South end of the road,
are productive, and capable of pro
ducing with our present labor sys
tem, at least forty thousand bales of
cotton, all of which would, in the
very nature of things, seek our city
as a market. In addition to this
source of supply, tbe Savannah and
Memphis road will form connections
with three other important roads
within 150 miles of this city. At
the distance of 110 miles from Co
lumbus, it will connect with the
Selma, Rome and Dalton road. By
the east and west ends of this road,
we penetrate the centre of Talladega,
Shelby and Bibb counties, from which
territory much cotton will be drawn
to our "city. At Elyton, 150 miles
distant from Columbus, the Savan
nah and Memphis road will connect
with two important roads now rap
idly building—the Montgomery and
Decatur road, running Southwest
and Northeast; and the Meridian
and Chattanooga road, running al
most directly East and West. The
West end of the Meridian and Chat
tanooga road passes through a fer
tile section in Jefferson and Tusca
loosa counties, from which we can
safely count on drawing all of its
cotton to our city in search of an
Eastern market. From the Eastern
end of the same road, our market
will attract the cotton from St. Clair,
and from portions, if not all, of the
counties of Cherokee, DeKalb and
Marshall. We can expect nothing
from the South end of the Montgom
ery and Decatur road, but we may
safely rely on a division of the cotton
of Blount, and a portion of Morgan,
on the Northwest end of that road.
Elyton is near the centre of the
mineral belt of Alabama. At the
distance from Columbus, of 90 miles,
at Syllacagga, the Savannah and
Memphis road will pass immediately
by an extensive bed of marble, now
being worked, equal to in quality to
the best Vermont article. Twenty
miles further on, and North of the
Coosa river, in the vicinity of Ilar
persville, in Shelby county, the road
enters what is termed the Broken-
Arrow coal fields, where an excellent
article of coal abounds in exhaust
less quantity. From this point to
Elyton, coal and iron is found in
great abundance. Coal could be
laid down in Columbus at a cost not
exceeding six dollars per ton; indeed
we have been told by men experi
enced in coal mining, that it could
be laid down in this city at five dol
lars per ton, with profit to the road
and miners. At six dollars per ton,
as fuel, it would cause a saving of
one half the amount now paid by
families and others in our city for
wood; a sum, in the aggregate,
amounting to at least fifty thousand
dollars per annum.
The iron produced from the ore
on the line of this road has been
pronounced by the best judges, to
be superior to the best Sweeds.
Cheap iron and coal is what is want
ed to build up in our city, large
Foundries and Machine Shops, in
which to employ the male portion of
the families whose daughters and
sisters are to mind the spindles and
looms of our cotton and wdolen mills.
Indeed, the impetus the comple
tion of this road to Elyton, would
give to our manufacturing and in
dustrial interests, would be unpre
cedented, and under its influence,
our city would soon become, not
only the Lowell of the South, but
the Patterson and Pittsburg of the
South.
The completion of the road to the
Tennessee river, will put Columbus
in direct communication with St.
Louis, at a distance, by rail and
water, of 860 miles—26o by rail,
and 600 by water, down the Tennes
see and Ohio rivers, and up the Mis
sissippi. To Louisville, by the Ten
nessee and Ohio rivers, the distance
is about the same.
To show the commercial advanta
ges Columbus will acquire by the
completion of the Savannah and
Memphis road, we need only insti
tute a few comparisons. From Co
lumbus to Johnsonville, on the Ten
nessee river, the distance is 506
miles. From Columbus to the Ten
nessee river, at the West end of the
Savannah and Memphis road, is 260
miles, showing a difference of 246
miles in favor of the latter route—a
little less than half the distance. To
this must be added the advantage
the latter route will possess, of being
traversed by one road, whilst the
other road is made up of links of
five roads. With this difference of
distance, is it claiming too much for
the Savannah and Memphis road,
when we say it would cause a reduc
tion in freights by rail, from the
Mississippi waters to this city, fully
one half the charges from Johnson
ville to this city ?
With the Savannah and Memphis
road completed, let us see how Co
lumbus will stand as a market for
Western supplies, as compared with
other Georgia cities. From John
sonville to Chattanooga, is 229 miles,
over two roads, only 31 miles less
than the distance by the Savannah
and Memphis road to Columbus.
Distance from Johnsonville to At
lanta, 367 miles—lo 7 miles further
by rail, to Atlanta —giving Colum
bus, by the Savannah and Memphis
road, an advantage of 107 miles over
Atlanta. We need not stop our
comparison at Atlanta. From John
sonville to Macon, is 470 miles,
showing an advantage in favor of
Columbus over Macon, in freights
by rail, of 210 miles.
With these advantages over At
lanta and Macon, which would ac
crue to Columbus from the comple
tion of the Savannah and Memphis
road, what is to hinder her from
regaining the trade of all her lost
territory? Not only regaining her
lost territory, but of becoming the
supplier of Western produce to the
entire territory of Southwest and
South Georgia, and the entire State
of Florida, over the Columbus and
Bainbridge road, and other roads
connecting with that road and this
city, yet to be built. It would make
Columbus a great commercial cen
tre, and the superior of all her sister
cities.
With these facts before them, what
is the duty of the citizens of Colum
bus ? Will they stand idle and suffer
this great enterprise to flag, and to
be completed, if at all, in the days of
the next generation ? We trust not;
on the contrary, we feel confident
they will give it such pecuniary aid
as is essential to the vigorous pros
ecution of the work. An additional
cash subscription of four hundred
thousand dollars to be expended on
the line of the road to Elyton, to
gether with such other aids as have
been and will be obtained, on the line
of the road, added to the State en
dorsement of $16,000 per mile, will
enable the company to complete the
road to that point within three years.
Your committee cannot close this
report without calliug attention to
the importance to the commercial
prosperity of our city, of the Bain
bridge, Cuthbert and Columbus rail
road, now being surveyed from this
city to the Florida line, to connect
at "that point with a road to Talla
hassee. The entire country on the
line of this road and adjacent to it, is
fertile. A large portion of it for a
long time, contributed to the pros
perity of our city, but was lost to us
by the construction of the South- j
western railroad. The early build
ing of this road would restore most
of it to our city again. This road
will place us in communication with
the entire State of Florida, and give
to our merchants, on the completion
of the Savannah and Memphis road,
| the trade, not only of Florida, but of
: all South Georgia.
The Bainbridge, Cuthbert and
| Columbus road connects at Cuth
bert with the Southwestern road;
at Bainbridge, with the Atlantic and
Gulf road ; and at the Florida line,
with the road to TaHahassee. Dis
tance from Columbus to Tallahassee,
160 miles; Columbus to St Marks,
183 miles; Columbus to Jackson
ville, Fla., 328 miles ; and from Co
lumbus to Fernandina, 350 miles.
This company has a liberal char
ter—the State having engaged to
endorse its first mortgage bonds to
the extent of $12,000 per mile. The
company asks our city to aid them
in building the road from Columbus
to Lumpkin. It is largely to the
interest of Columbus that it should
be built, and speedily. The com
pany say to us the people South of
Lumpkin, will build the road from
Bainbridge to Lumpkin. That from
Lumpkin to Columbus, the means
must be raised north of Lumpkin—
from a portion of Stewart, Chatta
hoochee, and this city and county.
Shall we respond now or await fur
ther developments? The estimated
amount necessary to grade and pre
pare the road bed for the iron to
Lumpkin, is about $450,000. We
feel satisfied Columbus should aid
the enterprise, and believe she will,
when it is shown by the company
that half the sum necessary to com
plete the road from this city to
Lumpkin, has been secured from
other sources. Therefore—
Resolved, That it is the earnest
desire of this meeting that the City
Council of Columbus make a sub
scription of Four Hundred Thousand
Dollars to the Savannah k and Mem
phis Rail Road Company, to be paid
and expended as follows : one hun
dred thousand dollars to be expend
ed on the first thirty miles, beginning
at Opelika; one hundred thousand
dollars to be expended on the second
section of thirty miles; one hundred
thousand dollars to be expended on
the third section of thirty miles; and
one hundred thousand dollars to be
expended on tho fourth section of
thirty miles. It is further under
stood, that in no contingency shall
the City Council pay to the said
railroad Company, another install
ment until the section of the road
last provided for, shall be completed
and in condition for the cars to pass
over it. And further conditioned,
that the subscriptions of Lee and
Tallapoosa counties be reduced to
cash subscriptions, placing them on
an equality with Columbus.
Condition further, That before any
portion of the four hundred thousand
dollars provided for in the above rest
olution, be paid to the Savannah
and Memphis Railroad Company,
sufficient guarantees shall be taken
by the City Council, that when the
road reaches Elyton the work shops
of the Company shall be located at
Columbus.
To raise the money to meet the
payments on the above mentioned
subscription, this meeting recom
mends to the City Council of Colum
bus, to issued bonds from time to
time, as the money shall be called
for, in such amount as shall he ne
cessary to raise one hundred thou
sand dollars, having twenty years to
run, bearing 7 per cent, interest, pay
able semi-annually, and sell them.
To meet the interest on the bonds
above mentioned, as well as those
issued to meet a former subscription
of one hundred thousand dollars to
the same road, the City Council
shall levy a special tax on the real
estate and other taxables of the city.
In collecting the tax, the City
Treasurer shall give to the taxpayer
a receipt or certificate, specifying the
amount paid and for what purpose,
which receipt or certificate, shall en
title the holder to stock in the road,
when he or she shall have obtained
one hundred dollars worth.
Resolved further, That it is the
sense of this meeting, that in propor
tion as stock is issued to the tax
payer for the script issued, in that
proportion shall the representation
of the City Council in Stockholders’
meetings diminish; and that when
the amount of five hundred thousand
dollars of the stock of the road shall
have been issued to the tax payers
of Columbus, in consideration of the
tax paid on the Bonds issued for the
benefit of the road, the representation
of the City Council shall cease in
Stockholders’ meetings of said Com
pany.
Kesolved, That the City Council
of Columbus submit the above prop
osition and conditions, to a vote of
the qualified voters of the city for
ratification or rejection, at the earli
est day practicable.
We have no apology to offer for
the great length of our report. If
we have not done justice to the mat
ters under consideration, we trust it
will be attributed to want of ability,
and not of interest in the success of
the great works of internal improve
ment we have attempted to elabo
rate, and in which Columbus is so
deeply interested in the early com
pletion.
Thomas DeWolf,
Wm. C. Gray,
R. It. Goetchius.
The report being read, a motion was
made to adopt it as a whole, when Dr.
John E. Bacon, on behalf of himself
and Peter Freer, Esq., two members of
the committee, presented the following
minority report as a substitute for that
of the majority :
Resolved, That recognizing the im
portance of the Savannah and Memphis
Rail Road to the future prosperity of
this city, we earnestly request the City
Council to issue to said Road the re
maining bonds for the purchase of iron
(sixty five thousand dollars,) when de
manded in conformity with the original
contract.
Resolved, That the City Council he
and are hereby requested to submit to
the qualified voters of this city the prop
osition to subscribe one hundred tlious
and dollars additional, to the capital
stock of said Road, payable in twenty
years bearing seven per cent, interest,
per annum.
Resolved, That the city in her contract
with said Savannah and Memphis Rail
road, incorporate an article requiring
said Road to locate her principal office in
this city, (after the completion of forty
miles of said Road) where her books,
records and accounts, archives and
valuables shall he kept, and the general
business of the Road conducted, inclu
ding work shops.
Resolved, That the President and
Directors of said Road are requested to
open negotiations at the earliest mo
ment compatible with the interest of the
Road, to consolidate the Opelika and
Columbus branch of the Montgomery
and West Point Railroad with the Sa
vannah and Memphis Road, and that
they may rely on efficient aid and assis
tance from this city to accomplish that
end.
Resolved, That the City Council, in
making subscriptions to this or any oth
er Railroad, shall issue scrip for the tax
to the payer, and on presentation they
shall receive stock of such Roads in
sums of not less than one hundred dol
lars. Jno. E. Bacon,
Peter Preer.
This was opposed by Mr. DeWolf,
who contended that the adoption of
the minority report would not make
the burthens of taxation any lighter
than the measure proposed by the
majority. That the subscription pro
posed by the majority report, while
it levied no heavier burthens on the tax
payers of the city, it gave an assurance
that the city of Columbus was in earn
est. That a settlement at once of
the amount the city was willing to ex
pend on the line of the road to Elyton,
would give confidence to the people on
the line of the road as well as to those
abroad, that the road is to be a success;
whilst the reverse would be the effect
from the adoption of the minority report.
He stated that he had fought the propo
sition in meetings of the committee, not
that the members of the committee dis
agreed on his plan, but that if adopted,
they said, the Council would not sub
mit it to the people. He then thought,
and still thinks, there is a mistake about
this disposition of the Council. He
hoped so at least, and was willing to
risk it.
At the conclusion of his remarks, Mr.
DeWolf was followed by the venerable
Colonel Chappel, in a masterly argu
ment, in which he fully endorsed the j
facts set forth in the majority report,
and expressed great astonishment that
there should be any opposition in Co- j
lumbus. That while it provided large :
assistance to this great necessity to the
prosperity of the city, its machinery
was so framed that the burthen would
be felt, if at all, but for a short time—
not more than two years, by which time
the road will have progressed sixty
miles and be yielding some dividends,
which would come to the relief of the
tax payers in lightening taxation.
Col. Chapped was a member of that
ever memorable Railroad Convention
of Georgia, composed of tho wisdom ol
the State at that time, which assembled
in Macon on the 7th of November, 1830,
which devised and set on foot the rail
road system of Georgia, and which con
tributed to give her the proud appella
tion of the “Empire State of the South.”
He was chairman of the sub committee
of the committee of forty, appointed by
that Convention, whose duty it was to
draft an address to the people of Georgia,
setting forth the advantages to the State
of the plan of internal improvements
devised by the Convention. ibis was,
without doubt, the ablest papsr ever
sent forth to the public. The whole
State, save and except tin wise men of
Columbus, became perfectly electrified
at the wisdom of the system recom
mended, and went to work to carry out
its recommendations. In his speech at
the meeting he described the conduct of
the men of Columbus who come over to
Macon during the sitting of the Conven
tion. lie says they jeered the very idea
of railroads, and applied the delicate ap
pellation of “wind workers” and“castle
builaers” to the members of the Con
vention. He said the picture drawn in
the majority report before the meeting
was correct as far as it went, but that
the worst had not been told, and hoped
the drilling the people of Columbus had
passed through within the last thirty
years, had taught them the folly of
delay. He pictured what was yet
in store for them if they dalli
ed now. On the North East of
us, he said, plans were on foot to take
the wind out of our sails, by building a
road from Griffin, across the country
by Newnan, Ga., and Jacksonville,
Gadsden and Huntersville, Alabama, to
Decatur, where it would form a jnne
tion with the Memphis and Charleston
road. That another, on the West, from
Montgomery to Eufaula, was on foot,
to circumvent us in Western supplies,
by means of the Montgomery and De
catur road, lie warned our people that
there was danger in delay of our enter
prise from both these schemes. But by
pushing the Savannah and Memphis
road forward, we would kill off our
Eastern enemy and make the Western
attempt, if accomplished, harmless.—
He said though the report was volumin
ous of facts in regard to the advan
tages of this road to Columbus,
that the half bad not been told.—
He says this route, as a connection of
Georgia’s seaboard with the navigable
waters of the Mississippi, was not over
looked by the Convention of 1830, but
it was talked ol in that convention, and
doubtless would have been adopted but
for obstacles then intervening- the occu
pancy of much of the territory' over
which this road would pass, by the In
dians, who had just been removed from
the country between Flint and the
Chattahoochee rivers, into it. He had
no doubt that when completed its stock
would be the best yielding investment
of any road in the United States.—
When Col. Chappel concluded his re
marks the motion to adopt was renew
ed, and after a few remarks by several
gentlemen in explanation, the vote was
taken on the substitute for the majority
report, and it was lost. The majority
report was then, on motion of Capt.
Chipley, amended by the following ad
ditional proviso, to come in at the bot
tom of the resolution recommending the
subscription, which is in these words :
“Conditioned further, That before
any portion of the $400,000 provided
for in the foregoing resolution, be paid
to the Savannah and Memphis Railroad
Company, sufficient guarantees shall be
taken by the City Council, that when
the road reaches Elyton, the Work
Shops of the Company shall be located
at Columbus.”
This amendment being adopted, the
report was adopted as a whole by an
almost unanimous vote. Those who
opposed, were only actuated by policy.
The Westebn Wheat Chop.—A
prominent commission house in Mil
waukee has published the results of en
quiries in regard to wheat prospects.—
From fifty-three reports made from
Northern Illinois, they conclude that
while the same area has been sown as
last year, the yield will be only about
two-thirds. Returns from Southern
Illinois present a similar result. In
Wisconsin the reports are more favora
ble. Out of returns from ninety-seven
places, only six reported less land sown
and crop reduced by rain, rust, etc
lowa made a favorable report. From
Minnesota forty-eight reports were re
ceived, giving an average of 25 percent
increase in land sown, and indicating
an excellent condition of the crop
throughout the State, not a single com
plaint being made of damage done by
rain or other cause. To realize these
anticipations good weather was essen
tial.
Striking Example of the Bene
fits of RAILROADS.—Lord Taunton,
better known formerly as Henry Labou
chere, paid back £IOO,OOO compensation
money which the Bristol and Exeter
Railroad Company had paid his father
for cutting through his lands. He saw
that his estates were enhanced in value
by far more than the ordinary price of
the land taken from him.
The first through freight from the At
lantic to the Pacific passed through
Omaha on the 17th instant. It was a
train from Boston, and was freighted
with shoes.
By Telegraph from Europe.
London, August 24.—The steamer
brought as experiment 19 live oxen
from Montevideo.
A steamer is now building for this
trade exclusively. She sails in six
weeks. Others will follow.
The Morning Telegraph discussing,
the cession of Cuba to Unied States,
says England would feel no jealousy at
this aggrandizement, which would
complete the abolition of slavery as an
institi tion.
The loss of Cuba to Spain would be
an unquestionable gain to the mother
country, tho colony, and the cause of
mankind.
From WuHliiugluu.
Washington, August 24.—The State
Department records show the follow
ing action on the 15th amendment:
Complete Ratification —North Caro
lina, West Virginia, Massachusetts,
Wisconsin, Maine, Louisiana, Michi
gan, South Carolina, Pennsylvania,
Arkansas, Connecticut, Florida —12.
Defective Ratification—Kansas and
Missouri—2.
Rejection—Kentucky and Delaware
-2.
Nearly 500,000 coin interest will be
due on ten-forties Sept. Ist. $194,000-
000 of these bonds are out. No other
coin interest is due until Ist November.
The Tribune says the mournful in
telligence comes to us from Tennessee
that the chances for preventing the re
turn of Andrew Johnson to the United
States Senate are said to be diminish
ing- RR
Washington, August 25— The Secret
tary of War has returned.
Boutwell and Butler will visit the
Georgia Agricultural Fair at Macon.
Tho Gettysburg identification scheme
is a failure. Most of the letters from
prominent Generals deplore the move
ment as one to tear open half healed sec
tional wounds.
John B. Read, of Tuscaloosa, Ala.,
has obtained a parent for making paper
from the cotton plant.
Admiral L’ooro has gone to N. York,
and will leave for Cuban waters in the
Severn, the flag ship of the squadron.
The Cubans have advices to the 10th.
No important action either in Jordan’s
or Quesada’s department.
Washington, Aug. 26—Rawlins ar
rived last night ; has had a severe hem
orrhage.
Capitalists from the North have pur
chased the ThorutoD estate in Fairfax
county, Va., for $150,000.
Customs from the 14th to the 21st,
inclusive, over $4,250,000, which is
unusually large.
The Lancaster flag ship of the South
Atlantic squadron, which has been do
tained several weeks at Norfolk for
want of seamen, was commissioned to
day and will proceed shortly for Brazil.
Francis Key Sehaff, youngest son of
Arthur and Mary Forsyth Sehaff, died of
thirst, on 45 mile depot, Arizona, Ter
ritory.
British Minister Thornton has return
ed from summer vacation.
Application for small notes and cur
rency is becoming overwhelming.
Doctors hope Bawlins will be able to
attend to business in a few days.
Delano declines to make any arrange
ments whereby cigar makers may take
leaf tobacco home and make cigars ; all
must be made at the factory.
From FlltiladelpUln,
Philadelphia, August 24.—An in
sane son named Waus, killed his father
aged 63. The scene of the murder was
near that of Twichell.
Two more small distilleries closed
but illicit production continues.
A fire broke out at the corner of 9th
and Wallace streets, in ten different
iactories. No water. Fire still pro
gressing.
Owing to the stoppage of the paper
mills at Manyunk, run by water, the
price of paper has advanced 21@3c per
pound. These mills made fifteen tons
paper daily.
From San Francisco. ,
San Francisco, Aug. 26.—Two miles
of snow sheds on the Pacific and Cen
tral Railroad burned. Many cross ties
burned and rails warped by the heat.
Gen. Stoneman forbids the uses of
beef by the garrison at Wilmington,
Cal., on account of the cattle disease.
Nig vs. John. —At the late Labor
Convention in Philadelphia there were
whites and blacks of all ages and sexes
and from every section of the country.
From the report of the N. Y. World we
take the following gem :
Robert H. Butler, of Indiana, a full
black, addressed tbe Congress in a ram
bling speech, in the course of which he
expressed his aversion to the emigration
of any coolies to this country, on the
grounds that,
First. The Chinese are neither white
nor black.
Second. That we do not know any
thing of them.
Third. That they would swallow up
blacks and whites, the only legitimate
owners of this country.
Fourth. That they would be of no
use here except to eat up dogs, cats, rats
and mice.
Fifth. That the cooly trade was very
dreadful.
The Grant Factory.— -Operations
are progressing finely at this manufac
tory. A handsome front, consisting of
engine room, offices, etc., has just been
constructed. Rock is daily being blast
ed to make room for the water wheel.
Machinery lia9 been ordered and will
be arriving in a short while, if it isn’t
already, and it is hoped that by the Ist
of January next, the manufacture of
goods will be commenced. It is pleas
ant to think, amid persistent general
stagnation, that while mercantile and
mechanical interests in our city seem to
be languishing the prospect is brighten
ing in this important industrial direc
tion. If all other enterprises fail, there
is vitality enough in cotton manufacto
ries to make Columbus a great city.
The Bullock Angier Suit, —ln our
notice yesterday morning of the Jaw
suit instituted by Gov. Bullock against
Treasurer Angier, there was an error
unintentionally made by us. Gov. Bui
lock, for the use of the State, has insti
tuted suit against Treasurer Angier for
$21,000, alleging that he has used him
self the funds ol the State over forty
two times, and therefore liable in that
amount under the law that imposes a
penalty of SSOO for each and every time
the Treasurer uses or allows others to
use the funds of the State. The decia
ration was filled by 11. P. Farrow, At
torney General of the State. Wo learn
that Gov. Bullock has given a retaining
fee of SSOO to a legal firm in this case.
Other suits are on the tapis, and the
fight is expected to open in earnest.—
Atlanta Constitution.
Nomination of William Crumley
(Negro).—On Saturday last the color
ed voters met in this city in sub-com
mittee, which they attempted to dignify
as a Convention, and nominated one
William Crumley (negro) as their can
didate for Senator, to represent this
(the 10th) Senatorial District, composed
of the counties of Dougherty, Lee and
Worth, to fill the place, in the next
general assembly, made vacant by the
resignation and removal from the State
of F. O. Welch, Radical and former in
cumbent— Albany News.
DECISIONS
OP THE
SIIPKEHE COEHT OF UEOKUIA.
Delivered at Atlanta , August 21.
[Reported Expressly for tlie Constitution, by
N. J. Hammond, Supremo Court Reporter.]
The Court delivered the following
opinions, in causes argued heretofore :
B. F. Hardeman, plaintiff in error, vs.
Jno. Dawuer, defendant in error.
Homestead, from Oglethorpe.
McCay, J.
1. Homestead and exemption laws
when made in good faith, to secure to
family of insolvent debtors a reasonable
means of subsistence, from the debtor’s
property, do not even, though retroact
ive, fall within the prohibition of article
10, section Ist, of the Constitution of
tbe United States, declaring that no
State shall pass any law impairing the
obligation of a contract.
2. The Constitution of the United
States does not prohibit a State from
divesting a vested right, except when
that right is vested by virtue 01, and
under a contract of the parties.
3. A creditor under an ordiuury con
tract acquires no vested right in tho
property of his debtor, and it is within
the power of a State to declare which of
the claimants against an insolvent debt
or, a stranger oir his wife and family,
who by law,.have a legal right to sup
port from him, shall have preference.
4. The condition of this State in the
formation and adoption of the Constitu
tion of 1868 was anomalous, aud it
was competent for the convention and
tho people with the express consent of
the United States to adopt as a part ol
the Constitution, the article therein
providing for a homestead, or any other
provision designed to adjust tlie evils
and inequalities produced by the rav
ages of the war, and the emancipation
of the slaves; such provisions stand
upon the footing of a compact between
*the State and tbe United States, at the
close of the war, in adjustment of the
inequalities produced between individ
uals by the settlement imposed upon
the people by the United States.
Tbe Constitution of 1868 was made
for a people without civil government,
and no Court established by that Con
stitution can take upon itself a jurisdic
tion therein denied to it, by assuming a
jurisdiction belonging to some Court of
tbe civil government destroyed by the
revolution. If the new Constitution
fails to carry over to the new orgniza
tion such jurisdiction as is necessary to
enforce a legal contract, it is a failure,
not in tbe power of the Judiciary to
remedy. The evil if it be one, is polit
ical, and rests with that power wherein
is deposited the sovereignty of the
State.
The homestead provision of the Con
stitution of 1868, is retroactive, and ap
plies to judgments, executions, and
decrees, founded on debts contracted
before its adoption, even though reduced
to judgment before that time, aud is
without exception, save as therein pro
vided.
The exceptions in said provision are
also retroactive, aud cover debts of the
excepted character whenever contract
ed.
Each of the exceptions is to be read
in connection witli the Words “judg
ment, execution or decree,” and with
such other words as are necessary to
complete the sense, so that before such
of said exceptions is to be understood,
the words “judgment, execution or de
cree,” founded on a debt contracted for
the purchase money, etc.
Brown, C. J., concurred as follows :
1. The same propositions which are
announced in the case of Shorter vs.
Cobb, as to tbe denial of jurisdiction to
the Courts of this State to enforce debts
for slaves or the hire thereof, are equal
ly true and applicable to that part of the
new Stale Constitution which secures to
each family a homestead, and declares
that no Court or ministerial officer shall
ever have jurisdiction or authority to
enforce atiy judgment, decree or execu
tion against the property so set apart,
except for taxes, etc., as therein except
ed. This denial of jurisdiction applies
as well to judgments, decrees and exe
cutions rendered prior, as subsequent,
to tbe adoption oi said Constitution.
2. Amidst the general wreck of for
tunes and destruction of rights, caused
by the war, the State, by her Conven
tion, called, as required by Congress, to
form anew State government, had the
right to propose this measurement to
the conquering government, which had
the power to approve and sanction it, as
a meansof equalizing losses to some ex
tent, and of retaining and inviting pop
ulation, by securing to each family a
home, free from old liens, which were
expected by both debtor and creditor,
to have been satisfied by property which
was swept away by the deluge of des
truction which reduced an opulent and
proud people to poverty and drove them
to the verge of despair.
3. In this state of things, the home
stead measure was a necessity, and its
adoption was dictated by sound public
policy,to save a large class of intelligent,
patriotic citizens and their families from
despondency, by placing it in their pow
er again to become useful members of so
ciety, and by honest toil and the exer
cise of frugality and economy to main
tain a competency, if not to acquire,
even in a greater degree, the comforts
of life.
4. Sound public policy required the
adoption of this measure as part of the
terms upon which the State was to be
readmitted to her rights in the Union,
to prevent monopolies, and the reduc
tion of a large majority of her popula
tion to a condition of tenantcy and
vassalage. While rights and property
of every other description had been lost
or destroyed by the war, to have held
that judgments, mortgages, etc., in the
hands of note Bhavers and money lend
ers, were the only property that had
been insured by the Government, and
that was too sacred to be touched, and
have made no arrangement, with the
assent of Congress in readjusting the
statutes of the State, to prevent the sale
by the Sheriff of tho vast extent of ter
ritory in the State covered by these old
liens, at a time when there was very
little money in the State with which to
pay debts or to purchase property, would
have resulted in the sacrifice of the
lands of the Stale under the Sheriff’s
hammer, and their purchase by a few
wealthy persons and companies, which
would have built up a land aristocracy
more lordly and controlling and much
more exacting anj aggressive than ever
existed under the old slavery system.
The Convention had a right to propose
a remedy, and Congress had a right to
interpose and sanction a Constitution
which prevented this great public
wrong. Iu the plenitude oi its power
over the conquered State, Congress did
so; and it acted justly and wisely in so
doing.
5. That part of the Constitution of
this State which denies to the Courts
jurisdiction to enforce any judgment,
execution, etc., against the homestead,
does not violate the tenth section of the
first article of tho Constitution of the
United States, as said State Constitution
was formed under the dictation and
control of Congress, as the representa
tive of the conquering government, and
is the act of Congress, because it derives
its validity from the sanction of Con
gress, and not from the free choice or
consent of the State; and it matters not
whether the part of the State Constitu
tion now under consideration was dic
tated by Congress or proposed by the
Convention and accepted and approved
by Congress, the legal effect is the same,
as the whole instrument was invalid
and of no force till it was approved by
Congress, whose power is not limited
by said section of the Constitution of
the United States.
0. It is not the business of the Courts
to inquire whether the homestead is
larger than was actually necessary.—
That was a question for the considcra
lion of the Convention which proposed
the measure, and for the decision of the
Congress which approved and ratified it.
7. The word incumbrances in the Ist
section of the 7th Article of the Consti
tution of this Btatc is not to he con
strued in its broad legal sense, and to
embrace all judgments, decrees, mort
gages, and executions. To say that no
court or ministerial officer in this State
shall ever have jurisdiction or authority
to enforce any judgment, decree or
execution against said property so set
apart as a homestead ; except that they
may enforce all "incumbrances there
on,” which means any and all judg
ments, decrees and executions which
may at any time exist against the same,
is to say that the Convention and the
Congress, were guilty of the absurdity
of denying jurisdiction iu all such cases
by the body of the act, and restoring it
by the proviso or exception ; which is
contrary to all true rules of construction
8. We are to construe this pan of the
Constitution iu connection with ti, e
whole instrument, when we are ntteuipt
iDg to asserlain what the law givers
meant. Taking the whole together re
proposed by the Convention, all juris,
diction was denied to the Courts to
enforce any judgment, execution „ t
decree rendered upon any contract made
prior to tlie Ist June, 1865, except i,,
certain excepted eases. Now, it seems
quite clear after this dcuial of jurisdii
tion, that they did not intend by t|„,
use of the word incumbrances, in i| w
section now under consideration, m
restore the jurisdiction iu nil c'ases
where it might authorize the sale of tl u .
homestead ; the protection of which was
one of the special objects of their labm
and care.
WARNER, J.—Dissenting.
The first section of the seventh article
of the Constitution oflhis Stale declares,
that “each head of a family, or gum
dlan, or trustee of a family of minor
children, shall be entitled to a home
stead of reality to the value of two thorns
and dollars inspecie , and personal pi.
erty to the valuo of one thousand deli.;
in specie, both to be valued at lie- time
they are set apart. And no Court, . ;
ministerial officer in this State, shall evn
have jurisdiction or authority, lociifoi ~
any judgment, decree, or execution,
against said property so set apart, in
eluding such improvements as may IH.l H .
made thereon from time to time, except
for taxes, money borrowed and expend
ed in the improvement of the homestead,
or for the purchase money of tin same,
and for labor done thereon, or mak-nai
furnished therefor, or removal of ™
cumbrances thereon.”
Although, the foregoing provision <>|
the Constitution, does not, in express!
terms, include contracts made prior in
its adoption; still, the words employed
are broad enough to include judgments
obtained on contracts made before that
time. All remedy is denied for the cn
forcement of “any judgment" by deny
ing jurisdiction to the Courts. It it
was intended that this provision of tbe
Constitution, should have a retroatioc
operation, and apply to past contracts,
then, it is expost facto in its character
aud is violative of the fundamental prin
ciples of the social compact, as was held
and decided by this Court, iu the case
of Wilder vs. Lumpkin Ith Geo. Hops
208, and also is in violation of the fun
datnental principles declared by tin
first, fifth, and twenty sixth sections ui
the first article of tho Constitution ol
1868. This provision of the Constitution,
takes property of the value of three
thousand dollars in specie, which, was
subject to the payment of the debt of
the creditors at the time the contract
was made under the then existing lutes
of the State, and which, in honesty, ami
fair dealing, justly belonged to him,
and without his consent, tranfers it to the
debtor. When we take into considers
tion the gross and flagrant injustice
which will be done, by making the gen
eral words of tho Constitution embrace
past contracts, we ought as a Court, in
all decency, to presume, that it was not
intended by the framers thereof to have
a retrospective operation, but only appli
cable to such judgments as might be
obtained on contracts made after its
adoption. But if it was intended, to
embrace judgments on contracts made
prior to its adoption, then this provis
ion of the State Constitution is in viola
tion of the tho 10th section of the first
article of the Constitution of the United
States, which declares that “No State
shall pass any law impairing the obliga
tion of contracts.” Although the Con
stitution of a State is its fundamental
law, still it is a law of the State, and it
any of its provisions, impair, or destroy
the obligation of contracts, it is as i o.h
within the prohibition of the Constitu
tion of the United States, as any other
law of the State, and to that extent, is
null and void. The first section of tbe
seventh article of tho Constitution of
the State of Georgia, in my judgment,
not only impairs the obligation of the
contracts made prior to its adoption;
but in all cases where the debtors prop
erty does no exceed in value tho sum
of three thousand dollars in specie, it
destroys that obligation by the denial to
one of the contracting parties all remedy
for its enforcement under tho laws
which existed at the lime the contract
was made, and is therefore, a palpable
violation of tho laws of the United
States, which is tho supreme law of the
land—and consequently, is null and
void. This clause being void does not
therefore defeat, or take away, the juris
diction of the Superior Courts “in all
other civil cases" as expressly conferred
by the third section of the fifth article
of the Constitution of 1868.
Toombs & Dubose, for plaintiff in
error.
Win. Reese, for defendant in error.
L. G. Chambliss, Plaintiff in Error, vs
O. C. Phillips, Defendant in Error,
Homestead, from Monroo.
McG’Ay J.
1. A homestead is subject to an exe
cution founded upon a debt contracted
for tho purchase money, and the fad
that the debt has been transferred to a
third person does not change that lia
bility.
2. Although a judgment be dormant un
der the statute, and has, therefore, lost
its lien, as a judgment, it is still a sub
sisting debt, and the judgment may be
revived by scire facias or by suit.
3. The acts limiting the time within
which judgments may be revived, were
suspended by the acts suspending tbe
statute of limitations, to wi: : from tbe
30th November, 1861, to the 21st July,
.1868, when civil government was prac
tically restored in this State.
4. A creditor, though his claim, may
be one of the exceptions, provided for
in the homestead act, can not set it up,
to prevent the laying off of the home
stead. Other conditions having been
fulfilled, the homestead ought to be set
off, leaving to the credifor his right to
go on under the exceptions at his dis
cretion.
5. A mortgage given by the debtor, is
not one of the exceptions provided by
the Consitution, to which tho homo
stead, for the family, is liable.
Judgment reversed.
Brown, C. J. concurred as follow
1. This Court has qo jurisdiction to
enforce an execution against the home
stead which was issued from a judg
ment to foreclose a mortgage before tho
adoption of the new Constitution.
2. The homestead is subject to tin
payment of the purchase money, vvholb
er contracted before or since tho Con
stitution was adopted ; aud if the judg
ment for the purchase money is dor
m .ant, but not barred by the Statute ol
Limitations, the homestead is still
bound for its satisfaction, if it is revived
within the period allowed by the stat
ute.
3. The execution on the judgment
for the purchase money in this case,
bore date 22d November, 1856, and bad
no entry upon it by any officer author
ized to execute aud return the same till
the 27th February, 1809. It, therefore,
became dormant on the 22d day of No
vember, 1863.
4. Where a judgment becomes dor
mant the Statute of Limitations begins
to run against it, and if proceedings are
not commenced to revive it within three
years from that date it is barred.
5. In this case the Statute of Lo
tions was suspended at the time
ment became dormant; and it nevei
began to run against the plaintiffs in
the judgment under the various acts ol
the Legislature or this State, and of the
Convention of 1865, till civil govern
ment was restored. This was done 2tst
July, 1868, when the Legislature ol
Georgia, under the direction of Con
gress, ratified the amendments made by
Congress to the State Constitution,
and adopted tho 14th Constitutional
Amendment.
Warner, J., dissenting.
I dissent from the judgment of the
Court in reversing tho judgment of
court below. First: Because Chambliss
is not entitled to a homestead iu the
land as against his creditors whose
debts w'ere contracted prior to the pas
sago of the homestead act, for the rea
sons stated in tho case of Hardeman vs.
Donncr. Second : Becasuo the judg
meut lieu of Phelps for tho purchase
money of the land, as well as his mort
gage lien thereon, created an incum
brance upon the land, which Chambliss
is bound to discharge before he is enti
tled to his homestead, under the act, for
the reasons slated in the ease of Kelly
vs. Stephens & Connell, exr’s, etc.
Calmness & Peeples, and T. B. Cabs
niss for plaintiff in error.
Adam Kelly, plaintiff in error, vs. I .in
ton Stephens el al., defendants i“
error. Homestead, from Hart.
Warner, J.
When it appeared from the record,