Newspaper Page Text
t£l)c Cutljbcrt Appeal.
i. P. SAWTELL,] [H. H. JONES,
Proprietors.
' TERMS OF Bt’USC HUT I ON:
Three months $1 W*
Hlx aontbs ♦* 00
One year $3 0®
1ST Inrnrinbly in auv«m:r.
AUGl.MKNT .OF
IlEllBERT WELDER, Esq.,
Vpon UlO
Ctmufilutimihly of the Stay Late, m firm-
(foff/Jt .Superior Court, May Term, 1SG7.
Peuiuuvc before
Honor John X.
Intkr.
THE CUTHBERT APPEAL.
Vol. I,
CulKBort, Georgia, Friday, August 9, 1867.
No. 41.
®l)c CiUljbcrt Appeal.
lUTfcB OF AbVKRtlHlRW:
One dollar per mjnnro of ten fttlefi fur the first in
Derllon; end Hsventy-llre Cents per *qu»ro for jessh
■ubscpibnl inAet-flofi/not exceeding threo.
Ouei«|nate three months.... 9 9 tX>
One square one year MOD
Fourth 6f n col twin six months to 00
Italt'ooiliimi six MnntM..« 70 00
Oneootumn six mouths..; .....100 on
Alszamiikr H. llxNpitr, ) 1)
ra. fnu
John McK. Gixs. }Clat
This issdmmrtr to fin fiction of trespass,
brought by Hendry, vs. Gunn, under the provle-
ions of ttm Stay Law. and for uu nlfrgfd
levy on the property of Hendry, by Uio onler of
Gunn, in > loratfon of Hint law. The (1 fa levied,
was formed upon u judgment obtained in Ran
dolph Supninr Court, May Urm 1806, upon a
note made in the State of Georgia, where both
parties resided, on the 1st of January. 18!‘.3, If
the law in qneslIoQ la unconstitutional so fur as
it forbade Via iei v of Dm* (I fa i*> this case, and
at dm list* it Wits lev hill, than the Eoit.wnnul hi
m«tOt*!iiW,Tma the awiuimr is good.
In Mipiairt of the cmiMilutioualily of the lav
•* it applies to this vase j submit tbs ftdlovl0|
genci al propokitiutit, which seem to be well aup
ported by reason and antborlty.
J. A law may bo Constitutional in part and
Bncoud.TirtJonaf as to Other parts, and In so far
as it 1h constitution*! it will bo sustained by the
Court
2. The Courts will not il.cliue n law to bo un
constitutional anlvas the opposition between il
emistitutiou aui| tbo law be chair uud plain
opinion of Justice Marshall In Fletcher vs. lVclc
6 Cnuteb 87.
The general nets of the T.ogUluturo and laws
In fuxe at the Hnie of tl» making of u contract,
do not enter Into llic contract anu became one of
the conditions stipulated by the parties, contracts
derive thoji- obligations front the not of Ihu par
ties, and not from the ginernmeiit— 'i 8lory on
cmtl. l'niagruph 13fcl», 1083, 1284.
4. It is competent for one legislature to re
peal tho act of an antecedent Legislature, Kr
cept tlmt the repeal cannot divest titles that have
pswsrd. or rights that have accrued under Gk-
partieular act In question t> Crunch 1521.
In the cans at bar no right had arented by
virtue of any law other thnu tho general law of
eontrmits everywhere. The rigid to go Into
Court after the nmlurity of the obligation am!
sun the debt to ludgment existed by virtue of a
general law giving a rvd\cdy to enforce a con
tract, ami not under u statute tixing or prescrib
ing terms under which the parties might acquire
rights- -not under a law making the tonus or ob
ligation* of a contract.
The Stay Law mills to, takes away, nor
changes any term or condition of the contract as
the parties made it. It does not change tln-
amdtiut of the plaintiff's debt ^doos not require
any act to be none, not agrtfed to by the par
tial. It destroys ami divests no lien on person
or property created by the contract or by Hie
Judgment. It docs not change the remedy to
which the party was by luw entitled either at
tho time ot the coniinel or Judgment. It only
proposes to postpone the cufurcciucut of tho rent
ed v.
It has Iren argued that the rigid of tho Login
luture to postpone lor a rca-onublc time, any one
year—os in this raw, implies the rigid to indeflP
nitl.v pos<|ioai', soul thu* destroy th* light enth-c
l.v. Tills argiihieut is illogical, and nguinrt the
universal rxjrarlonco end judgment of the bar
and Courts everywhere. Time lias be*n extend
ed and under the well settl'd ruins of law and
equity for the performanca of stipnlntions even
where the time has beau ngrued on l»y the pur-
tins, in order to mart rases cf Imnlrhip, growing
out of mistakes, accident*, and providential in*
ter position*. Tim Courts may Kraut lime to
pleail, tiliy ronlisue cstices fr«in term to term. -
Hoi Iks tatliiiil'ifivcnIn coov.ufnce of wool-
car etrmnnslaiv* lias Hs limits, usd llwo JimHs
»rv fixed, in tie mind of the Judiciary by what
lotnforts with reusou nod jin tire. The right of
tbs l-ogiidature to postpone action, or tha Courts
• to conlinue csiiscH, and grunt Indulgeuco to par
ties, and of Court* In thu exovHwj of chancery
powers to relieve again*! forteituren under con-
tractaand prolong the time of per form once, and
In the many sabjoota to which the principle way
apply, must iracwuiify receive « reasonable con-
stmethm.
I'ndir our Federative system, the constitutions
ami judiciary system of tho Stole* are Rcognlsvd
In the WTT nreesaity oflhe ease. The jurlidlt-
tlnn of Uiin Court U conferred by thu rtrate ('<*-
aCliitloii and regulated by tlio common law anti
aria of lira General Amuibjr. Tim Superior
fwnrts bnv e power to try ease* irrrsfiecffve of the
amount Involved, and to*11 twine a yeur, tiny
get from the Constitution of the State. Tbe j*."
• r to try them at the _M (inn, to issue execution
at the expuation of four day*; Uie power of the
Sheriff to b vy tho execution* nml sell dufeml-
ant’s iiropcrtv at the expiration of a given num
ber of iluys, is ull derived t'ruui acts of the Leg-
isiatwe- could not Uia Legislator!! say to them
the writ shall tie fileil In the ofku of the clerk
six nioiitliM before a plea is ruined or Urn case
be placed on the docketthat they shall not try
the cam* und'T two year* ? or until the 3d, in
stead of the 2d term ?
Can thw Leghdattirc lay hand on the Judge
and say to him you shall delay the rendition of
n judgment, and at the same tune be unable to
h'dd the hammer of tbe fihetiff suspended ?
PuppoM Instead of parsing a Ftity Law, the
convention ill fuitning our new Constitution, bad
limited the jurisdivtiuii of ilii* Court to 91,009.
and fidlid to provide any tribunal that had larger
jurisdiction? could Mr. Gunn Imvo obtained
hi*Judgment 1 would the Court have gone on in
• «f tlw Court’4*ti<»i of dm Male, ami
©t ORfSlMf*
lie Sttle. wtfeJb
... . , __ T _..u adfllly iiHli-
in the |irohibltion of the Federal Constitution a*
an act of the Ix^islatiiro la, was unconstitntion-
itl. Is c un* at thu time the |i:u ti«H made the con
iract the f*trperw)f Court bad sniff JitrMlicUon ?
It would Imvo lie«-n an act of omission on the
part of tho fitate, wbfdi would have ifefayeit
< reditors in such case*, depriving them of their
|irc*CUl rciutsly fur Uiu eollecti'iu ol debt*, and
ns Already within the prohibition, ns tho otm «i
bur.
Bappokt every Sheriff in the Ftale hml resign
ed and the convention should Imvo nrdainecd.
or the legislature enacted that no Sheriff slum Id
be spoof uftaJ or couiiubxMiu d fur Ut </J *W mouth.- ’
nnd Ifm pirty hare levied his fl fa? and would
the Court have gone on in violation of the law
and appointed a sheriff and ordered a 1: vy, alien
the luw which gave the powi r to appoiut. was re
pealed, merely because tlie Legisluluro or con
vention had neglected to provide the party a
remedy to enforce his demand?
Suppose UuU the very law under which the
Bbcriff by the 4e* Constitution of the istute is
elected and qualified, should Con tain a e.laioe
that when conimi-sioned he etiall levy nil fi fas
placed in hi* bauds only at tho expiration of six
iuouIIm, and that ull Sheriff ►ales shall be adver-
("■ulforaix mouths? would the Court hold a
.Sheriff in contempt for not levying immediate
ly. amt Selling at the expiration of 30 day*, be-
caiuie the old law to required ? when tbe only
law of Uie State which created the office offihei-
ilf at all, dr authorized him to levy, also prohib
ited him from levying within a (riven lime?
•V If objection is made to the ritav Utw tinder
which we sue, that it 1* an attempt to oairy ju'lg-
.nienl into execution by installments, tbe reply
in this cose is. that the objection doe* not apply
t<> the cn-c at bur, for the reason that the levy
wax tnsdc at a *iine when tho jwohibiUon ex
tended to the whole debt, ami (he 8lieviff was
prohibited by tbe law from levying for any port
of it.
If it lie insisted that the passage of the Stay
operated upou a judgurcut ol the party iu
■is 111
inLl
■'•I*-;
h r I ajmtfmmt. and mkaa it <* t
dial Ha ns* the Sh
• iiutefi the Act of Nmf'tafc Wta asv
exislnnro at the time, the reply is Unit he sued
out his Judgment after the pu*ngc of tho law,
and must lw held to have duno so iu anbordina-
Uon to the law nt the llnte.
7. It is n fuel known to the Court that a Stay
Law existed in this Slate from 1861, to the ch*-e
of the war. The confront by whicU the plainlilf
Uuunaei|ulred his right tome the defendant,"a*
made during the existence ofafleh Stay Law’. At
tho tiino tls; eoutrm t was muds, even if It Were
unconstitutional to delay Umj collection of debit
contracted prior to that time, tho exlsteuoe of a
Play T.aw nt the time the contract was made, de
prives hint of any objrtjUen in till** case. If the
Sl.ty Law is couatitulional ns to contracts utndo
niter Ifc* adopt iou, then tho enactment of tho law
under which wosno, Isiug only a re-euuelment
of a law In existence at tho l line the contract
was made, v, in not be huhl to Impair the obliga-
tion of tho lonlruct in thta onse. If it bu urged
that Uio present Stay Law innviirs tile o> ligullnn
of contatvl* Ih violation of to* Coustitution <>•'
the Cultrtl States Upon tlie groritld Mint by i
Wing latv the jiavty at tlw lime had the legal
right to enfoicc bis collvcllou, then bio reason
doc* not exist hue, as the loot appenrs to tho
Court, that when uo conlrttctotl tho debt I hue
was n law on (lie Statute books nnd generally
olaorved by-the people as well as the Contis,
which at that time forbade the levy and sale of
pfi.tvrly under''execution., • .
U is b ne in M tint Uia Stay L irt ini ©1st
enee nt the dnt“ of the jtidgmcid w.is the one iu
quistioit. und lliorefiuc detemluul takeo nothing
by tlie (bet that It opuiati n to delay kiln us a
judgmunt creditor. He obtains Ms judgmeul af
ter the enactment "f tho law, and must be held
in (t»r«> proemdtd In xnbordii uiIon to (he law
l!K*ttin fcKi'. lMhelBiw* 'Vli.' l* was||l wU»i9(ro
ai tlw titiio of the conirucl lm« ally yirtho
fuiW ill HiS Tnterpi!'t.drun ol the olVugntlnn of
the ciuitrnet, then the law iu force at the time of
the reitdiliou of the judgment, muM be eutilb d
tu Sqnal vespoei, when we apply it to tlie rights
of the parties to enforce tlie judgment.
It is also true as a matter of fact, that the
Stay Law adopted at the cotuntcnci nu nt of tho
war. and re-eua'etrd a J'«'«r altvrwurds only stay-
ed levy and sale under executions fur nnd du
ring the war, und It may lie contended Hint this
law, If valid cetutd nt the end of the war, at
which lime the plaintiff hml the right to proof'd
with Ills judgment, nnd that the pnveiit law Im
poses nddltiei'ul delay.
Tho rvasou of tliin pioposithm Is only speolniis
The fact is that lint time the (.uuUuet waa imidq.
aiul nt tls maturity, than- wtb no law oatlimizing
levy nnd wile by execution. There was no tlliie
lixed by Uw at which qjicIi right to levy andahit
Wcnhl uccsue. Il all depend'd noon thu dura
tion of the war, a lliiiig iieeexsurily vague and
iincertnio. It Wa* nndur diuMiustunrcs of pub
lic calninity which had I'd to the enactment of
tho then existing slnlule. nnd the pnrHrs Iu fm t
could not have contracted, In view of the right
to enforce the collection of the dcbtliy levy nnd
so e nt any particular time ; but on the Contra
ry must have contracted. In anborfllnntloi) to the
existing exigencies ot Mio lime* nnd iu \ lew
nil the uncertainties ot public event*. A iilay
!.nw having been adopt'd and Ix ing In exig
ence at tho time of tho contract. Mi o parties uuot
bo belt] In ordinary prudenee to imvo couItacIwJ
witli releroucu to It, nnd subji'ct to Its extension
to mtot tho prcwiug wants of tlie public. Then
distinguishing the. case at loir, from such as may
arise, on debts contracted on judgment* r ndor-
ed when there waa no Stay Law, we respectfully
maintain, that In so far os the plaintiff in II fit,
claims on account of being a judgment cieditor,
Mint tie l« '-stopped by thu luct that bu become
Much under tlie law a* It is, and in so far os he
claims tlmt the obligation of hi* contract i* im
paired by tho denial of his right to levy nnd sell
tho property of defendant, he w cstopiied In Mil*
reason, by (lie fai t that lie had by oxtsliug laws,
no such right at the dale or maturity of Ills con
troct.
There is in tho enso at bar Mil* additional fuel,
which takes the case out of tho reuson in some
of the authorities to which reference may proba
bly bo inude, to wit: the phiiutiir Hendry and
the defendant Gunn, were lit the date of the
judgment citizens of Georgia.) otu subject U) tlie
law* of MilaHiate. Tln-v were partaker* nml
xliarvf* Iii the is nfils and burthens of Plate Leg-
isljtlun u|*m this and nil other nultjeets. If one
of tho parties restrain'd from collietfng hi*
debts bv levy and sole, his own property is pio-
teited by the same low. There may not there
fore lm ns strong rensnn. considering the views
and olfjeoU ot our Federative system,und the
now exploded doctrine m prir&ire of State sover
eignty. but which exists in tho Contdiliilion, if
that Sacred instrument i* binding, there tn.ty not
Ikt ar strong reason (or a strict i nfoceenjent of
Uie views of soino Federal Judges, ns Min<'
might Iw in a cane Ix-tweeti a citizen of Mil* State
who had made a contract will; u citizen of anoth
er Slate. Thai a difference dhl .exist in rights,
nml ns to ranmlles for the enforcement of those
rights. Is proven by the fact Mint citizens of the
some State mny nut sue each other iu thu Feder
al fourt*. A iil)z«o of 2iuw York way tuo a
citizen of Georgia iu tho u Court*, it waa no
doubt a privilege intended to protect him against
IM-eolinr loenl I' gLIation w hich might tend to
"latruct his rights under the ConsMtulion mid
laws of the Hulled State*. Tlie denial of this
privilege to citizen* of thcsniuo State. Is some
evidence that the national niincj wmr that Uny
should lw left to ("Uti iid with inch other, both
‘ i the construction ol eon tracts, nnd Uieninc-
for i'nfordng.tlii:in, to t,|m Court!, nnd leffl*-
lalloli of the P(ab« of vridoh Ui«y aru dU/rti*.
(See 2d rlory off ton*. Paragraph 1390, and
note.)
It Is also true In Uie case at bar, (hat the hr
Fort uud tlie let. eoci contract*, are the saute, nnd
bebco tb e ease is stripped of the complication
that attend* some of the cast* in the book*.
IVtf claim nothing for tlie prevnt, anmnUous
ii.ditioi) of oor State in It* rdaMorw with the
Fi-derul Government, a* lie tween the govern-
meut and people, but are forced I" aekiu-v, ledge
the binding force and snpremiry of the taw of
the Untorfand authority ot the Government over
s nil. Hut them is nffai t eonneeted with out
istury which thu court wijl notice. At the date
of the contract sued on, both contracting parties
ere citizens of Georgia, then a m< tuber ol n //■-
farto govenruient. Tho 8tatu claimed to .bo out
nf the I’niou, and the liook* ii|w>n niffionnl law
would *wm to sustain the idea we entertain that
the Confederate Slates wan a </^/ortogovcrniiient
I do not menu to press this part of the argument,
J, nt refer toll fur Itro pin-nrae* on I v, one I*’ If Arm-
State* were not in tire Union at’ Mint time, 111',
law whtiji ou by the other wide was not then in
force in this Stuto. The ollu i Is that whether w i
were then in or out of the Union, neither of Musi
parties claimed to be in, and could not possibly
flare contracted with reference to tbe Constitu
tion and taws of the United Slate*. Li reply to
this sfuteuiuut h may bo urged that <!*• Con*ri-
tution of the Crntederata States to which they
acknowledged ailofflanco. had a similar clause
til'd in Our Federal (.'oiihlitulion. This is tine in
point or fact. Out the prohibition wus prospec
tive in it* operation. Georgia had a Stay Law
at the time she united with tJtc other scccd-
ing States nnd fortm-d tlie government, and sire,
was recived with the law on the riatuto books,
respected and oircyed by tier people a* well as
all her ollim-m. Bln! Could not have considered
herself prohibited for the fijluri; hi nuking a law
which was then in force.'. Biro likewise had a
Stay Law when *he adopted tho Constituiton of
JSfil. whidi contain* a like provision with tlmt
of Mm Federal Constitution on the subject of con
tract*. By permission of the Court i will refer
t<> another and later part of our legislative amt
judicial history. After the clove of li-.e war, the
convention, which rcvambled to reuiodl'l our
Suite Coiudtution und uruko it contorm to (he
lii'W ("•tato p'dilieal into which conquering arms
had driven un. adopted ;m oriliunnce' trt scale
dcltj cqultacud during the war. r.t thg tl;en ilc-
ticlous price* of Yonmiodmos. or payable in tin
then deptvcli\t«r ourmtoy , 1 will concede that
tlie intent of Ihh or iltunco was to get nt real
vainra, and do equity betwicr. parties. But it
did havo the effect, w here portlra iu writing hod
ngived to pay n given sum of money, to compel
the promisee to fuke a les* aunt or nundior of
itoftmn nmt centa Main that agreed on and set out
In the witting.' It did change tho contract by re
ducing the amount stated in it. But there had
Irpon n groat public calamity. An accident had
occurred ; uu event not anticipated by either
party at the timu of tlie contract. Thu im-diuni
lookivl to by until tor payment Imd been destroy
ed by tho overthrow of tho Injllgi rent govern
ment. It* curruitcy beaaiac worthies*’ The tv-
e*ubli»hnn'iit of the uiitliority of thu U. S. ov
our jKoplo was accompanied liy the currency ol
Mint govennm-nt iritiro nearly npprnxltanting
silicic in value, nth! upon which price* nnd
lies ivndiu>t< d themselves. It "us nt'CiwHuty iu
tin* natnro-of tiling* to scale these prices, not
withstanding they ilcsoribctl dollars nnd cents,
A ay oJlnr policy would have been pnufdniro
ami ruinous. The Sjbtprcnio Conti of Utls Slutu
lm* bot< irmly declared (hut law to be com-titu-
Mntiul altlio' it ohnngra contracts, nnd in imilty
cases radttCes Uie nine tint prnuiWul ten rokL' And
yet we arc to'.d that a law which does not ehnngo
the nffiount, dors not d ifrey tu'.y Mile, iloCs not
divot any lion cither on the per: on or prajierty,
or suffer lire proper])' logo lieyond tho limit* of
(he State ; but which only delay* tlie enforce
ment of those right* in tm rejr to an impoverish
ed and sit (Turing people, whose cm ronoy in then*
ea-e of (he ordinance, lug) died tffUi' their ltopes
ol lilietiv. and whose properly upon Uio fuiUi
mid jcf*ffil,<nro of \yhlcll lire debt* wen- contract
ed. Ims lx mi swept away l»y the prevailing arms
of the t’ujwff Slate*, leaving them in r.iuny cases
without enough to pay the do v t*. ui.d subsist
their dependant*, b linroiisUltttluial, beenttso It
impuiii! thu obligation of contracts. Tbl* law
docs not alter Un< time for tlie payment of debts,
or tlx n different day or rate of interest. It onlv
says to the cnditoi that n rent-nimble time shall
be given tbe debtor before you shall cpilrclyour
dclil by |u\ y nnd *ulu of hi* properly. It only
intends to give the people arciisotinbfsttmu with
in which to rally from tho general prostration—
to lira from the nniics of ntln that Uoavurywhcro
lu thu wake of cruel nnd dUaslrotu war. Ill*
Intended to prevent starvation In Min deserted
nnd lottfly ItomesUmds of Uio bravo melt who
sleep i u dentil, and in iindudurl«d glory, and
w hose mumoiy la ft\treasure yet to ull true men
wiio survive (hem. li Irttl tnttfndetl fo htav ttu*
unfeeling creditor from untiring with thu Sheriff
into the humble cottage of Umt maimed soldier,
Who Imd reltmud to his Ihmllv with u bleeding
rtump of nn arm or lep. until hi* wotinds could
licul and he llarn to earn a livelihood with Olio
hand or one leg. it wa* intend'd to protein
the meu who had been more forlunutuln position
and business from using their patv<ir over the un-
l'"i innntu by tho sarrlltce or the pittance they
Imd It'll, and on which their hopes of tem|*>rui
support dejiended, Il i* n luw in aid «»f public
policy, nun Justice, originating in public necessi
ty. canned liy gennai dl*BHtof. |>ro«lration, aiul
ruin, it i« u law iu aid ol public pence and
tranquility, nnd to stay not only tho sacrifice of
property, 1>ot the ( /fusion of blood. It I* * law
to prevent riot, and civil strife, nnd to prevent
that spirit of mndnes* nnd desperation tbut.no
moral* can restrain, nnd which no creditor ha*
the right with hi* wilts to stir tip and provoke—
disregut ding human woo, and the erica of helli-
loh* Innocence. It I* a law based upon tlie high-
ini attribute of cliristlaiilly. and that is mercy.
It ia u law rased upon the highest ntlributu of
justice, bacntiao it prevent* the u*n of the forms
uud power of law, from taking advantage ot pe-
cttllitr misfortune*. In order to flulsh the ruin of
a suffering, and tnivro pconie. And no Judgfl
might to lay hi* hand u|mmi It nukw hi* until of
uflleo in IiIh juduiqviit bind* him to do It.
If learned Judge* bad striven as hard to allow
that the law could be tolerated a* they uwinliy
have to aliow It void II I* probable, that reason*
equally njauxublc, and equally compulnblo with
the leading ease*, und ill hurtuony with tlie luw in
question miglu have been found ; and .conclu
sion* might Imvo been rendered which were con
sistent witii the public Weal.
Judicial notoriety i* sought, ns well n* notori
ety lit tlie bar. Meu du not cuaso to l*i lawyer*
w hen m y become Judge*, it bu* seldom fulled
Mint the springing of a new question of public
Interest h»* brought Mm fortunate discoverer of
tho new idea into notorUty, and like tlie miMior
of n new inventioii, untitled him to the proprie
torship ol a prestige among hi* followers. Tlie
announcement of a sinking decision, which
strike* the nmwa, nnd shock* Mie nubile mind,
and the « right or wrong of which nine out of
ten cannot ascertain, seldom fail* to Hccure the
Judge pronouncing It ut least a brief run through
the dully prera.
Vntnty 1* n secret miring in tho ltcnrfs of more
cl owes and individual* than wo are wllliMg to
admit. Tbo clergy uud military ate foremost,
and next come thu lienoli uud Imr. To this secret
spring we nt»y t ram many of tbo diet urns tlmt
have risen to tho dignity iff ruling case*, tn mis
guide, not only the people* lint Mie learned pro
feMion. Such, I iiuaginu, is thu origin of the il
logical coinluoiiiu drawn from tho conflicting
untborillfh which beat upon the subject of the
Htoy Iatw.
There lias liPcii a paleitt unwillingnet* on the
pail of Um Judiciary of Georgia to bring this
question to an huuc. This U Um ruling opinion
al Unit of (he bar willilii my ncqimUiluiicu. But
if tbo wcrcl of ml fci'iMt", nnd the secret nnnltia
Moil* of nil mind* could tfe made Imre, wo shnui I
perha|>« all ho shocked with the discovery, tlmt
p'.'ilmpis, tciiurcly n Judge in couuniw'ioti, but
who bud an opinion prepar'd to older mid wlijeli
he ronid rt cile ns llnently h* ho cofrhj the Lord’s
prayer—when reluctantly forced to der ide u ci
Wit • ■ -
ith tho view that i entertain of tliv . binding
authority of precedent, I fcol at liberty to prer
sent tbe shoot tied side of the (dude of stare excl-
si*. a* well na to examine the qnrstlfm in *1 hot
light of historic
litslrt the fcbiy Uw tff Illinois Constitutional
tracts niuilo niter I's pu'sngs. Mat they hold In tb*l
ense, Hint the atntute of tha Htate of tninois, which
forbid.- tho salt* umtur tho mortgage li fa. if the
plaintiff utdrsi tho property mortgaged should
bring two thirds of il* sppraiaud value, wasuonatl-
tu'ipnnl. Onrnct does not propose to regulate
price* at Sherifl sales, it ooly prop, hub to delay
them.
This l* the strongest ch*o I have seen from Die
Supremo Court ot thu United Slates, uud It furti
iahe* authority to soitaln our Cano, heesuse tho con
tract was insdo during the existence und uui«eisul
ly known and inspected policy ot Stay Luwa.
It has beeu Mated in the papers, that the oonfts
of surerul of tha Southern State* have, since Hie
done of tho war, nmnmtnced dmilar aria to be un-
couftituHorist, unu some of the Judges in nur Slate
Circuit Courts are said to have followed their exun •
E ilo. And mo far n* I am advised no court hu* sus-
allied tlie constitutionality of such laws.
So far ui the decisions of tho Supreme Court of
tho United Slates hare paosutl under my review,
the question in Its full hairing, end upon s purallel
ut-e, hr* not been adjudicated. And 1 know of do
tribuupl that has pioned upon the questiou thut ha*
powfrr over the Jodgos of this Mate, or tlmt can
rightfully biud their cooBcioitccH, Urther thun thu
empire of reason binds the consclcnco of un honest
una i-iiro Judgu.
Wo shall wait with anxiety tho judgmeut of tbe
learned Hooch ot ibis State, nod with nope that il
may not upper to the eminent meif who grace thut
hoary tribunal, that tho law in qottlton T* clently
tincuiiHtilulimial. It It does not »o appear to Uiot,
thoy* trill gladden thv boarli of our people by de
clining to dichiru the lur x-..Id.
Wo concede with Mr. Story anil Hunt,*' that thu
obligation of n contract, is the legal atnf not merely
the uioiiil obligation. Ami while numerous case*
tug put in which a coot met ban its binding lorcu
vvheu there Is uo power the party can wiuhl to un
foice it, Midi, lm a gcuurul iuio, ihu legal obfigatiou
of n contract has relation to the means which tho
K ha* to on'ereu il. JJut il Is iqnally null *et
.y the decisions, and in the elementary hooks
thut the S atu hispuirar over thu romudjr, It may
ciiacgr, w!;y not d lay tho remedy f
The gonoral rule suited by Mr, 8tore who not
nofleoucnllv states propositions mote strongly than
is warranted by thu nuthoritius to which hu Hirers—
is that itnytliing which cnlorgos, or abridge* tlie
cnntiaot, pioloogn Hio llino of pcrf.irinuiino in
riianjmt Uie aidence of the contract, or impairs it t
Thu Stay luw of Georgia Is not, when strictly ex
amined, obnoxious to either of then* objections, it
does not enlarge the emit ‘
bu done than waa ngr< od
nhj.'ctions.
tract by riquiiiiig mom to
' It docs not oblige it
Iduding at all, tt i* n* a compact, and if otu*
stipulation in the compact is broken, and by the
breaking of Umt it is placed out of ottr power to
perform tho other t The luw census to lie ti sci
ence of reason if it holds tho obligation not it
pit noil, which the Constitution placed upon this
State.
There (s another hfstorfo vfew of tho question
which in my judgment is entitled to weight.
The Goualliiilioi) of the United State* was made
for pence and not for war atnoitg our ow n peo
ple. Tills condition we are in. la like tho ques
tion of hcccsnIou,, so learnedly dlfcuswcl e
sinoe my early recollection. Homo political
tor* contended it was constitutional nml olhrfa
that it tuts miconatitiillointl. The Imth is that
it wn* neither. BeCcnrinii was not provided for
or prohibited in tile Constitution. L was no part,
of th" political programme laid down by our
Hither*, nnd was not provided for or against.
So it i* with Georgia, nt this time. The lileu of
» Stnta fimling hciwelf overran nnd conqucrud by
her costutw, her bnbliation* burned, her prot l-
siotw diftroyetl, her utinul* aeittctl nnd ajipropri-
ntetl b) Ftistaln the conquering uruiic*, her white
labortrs rtdtic«i in number by tbe casualties <ff
war, by dentil, ly wotimh nnd dlsean 1 . Her
wholu ’system of lubor and imln. try suddenly
changed by Mto power of anus nnd by a change
of the Constitution itself, propmed w ithout her
consent nnd adopted without net flea volition,
nml by which change a very largo portion of the
properly upon the (lilh of which, many of thu
debts were contracted, cannot bo said by tiny
light minded mail to blue been remotely con
templated when we entered tlio I'niou; and k‘-
enmo bound by Hie stipnlntions of the initionul
coiniwcL Wiicn Georgia jigreed with her co-
81 ale* Hot to pnss a law impitii ing contracts, she
did not expect iIiom: State*, by luiti-v and by Mie
nml general devastation to plac'o it out of the
power of her people to meet their eonthirts with
out ontuiling general ruin, and bringing her pro
pie to Htm vatioil.
I refer also, with all becoming dclercncoto Mm
power and authority of the Government tlmt has
subdued us, to tlie ftiet, Mint tho Governineut
itself while it ii. clninied that her organic law
praveot* Geotgia from impairing eontrnoCn tw tm-
tween her'eitlzei.H, 1ms by u stern requisition we
luui not the power to rraisf, lorced tlie State uol
only to impair hut In destroy all horsolemn cqn-
hjteU made w ttJi hor citizen* for a series of yeats.
If it wera the Government hero that insists we
shall not do this thing, with what show of eon
sistency and tlie requisition bo urged upon our
courts ? Hut Mil* ts not n controversy to which
tlm Government i* n party. Jt Ih h contest bo-
twcou unr utvu oiti/.eiiH, who wero Loth nt the
time of tho contract hostile lu the Govcruumui,
ami claiming to bo out mid Independent of it*
jurisdlotion. They are /nr/ drllrto ns to tlie Gov
ernment, nml equal bciRlloiarlc* us to the protoo-
Mot| of 1lm Slate Legislation.
Jt is bfcft> true, iii n hMorletil find polIHeal f/iet.
that tlio same iustruinent which anya that Georgia
shall not pas* a law itnpuiring the obligation of
contract*, also provide^ for hor representation in
Congress. It also recognized tlm political struc
ture of the State*—their Kxecotlvi**, LcglHlattnrH
and Jiidlciiity. At Uio time Georgia cnUrod Uio
Fcdernl Union, site never c.x|kh U'»I her Exuoutive,
LegWalorea and Judge* to hold tholr octnml*-
*io|i*. to Ik! exercised within limits nml reslric-
lions not impos'd by lur own people, and lit the
will iff a man not clio*en by them. «
Thia is the condition we patiently abide this day.
And we mmt rariuw it In connexion with tha fact
llrat by (ha war nud ita mvHgoa, Hie deatruulion of
the menu* of production, by drouth ami ollicrprov-
idcntlal cattaaa, many of our citixena who were in
n/iJnent oircnmttitncuM nl tho da'« of their contrite/*,
are now beggar* for bread ut (lie hand* Of tho
Northern and Western people. We Imre not Hie
means of payment, and have been deprived of them
by forco. And (.till wa «ro told our IiPglalatore la
powerless to lake hold of the bunda ol the officora
orealed by her cuacltnenla, and atuy Uio reniedtea
she Ims provided and wbioh remedies our citizens
could not luve against each other but for Uu.au eit-
ad men la.
lie must Imre more revoronce for precedsuls,
than I can command who will say .that the cunaci
unco <ff our Judiciaiy ia Imond by them, amid all
theao chang. a ot time, and cnpnciully where they
are not expreaslr in point, or where they emtaala
from Jodgea not rntltlod to mnro respret than we
have tor lira opinion* of our own judat,
I pro|siso next to examine lira iiiecdunta, pro
nnd con, to fee how tar they g * In hedging in tin
conscience of tbe pourt. I do not think it impor-
tsot to read the caaea, oa they aro familiar to the
Court, but rontmt myself by * ruferenco to the
priutiplea luid down, io far aa Ihev abed light on
(he question at bur.
In the leading cuss of Htnrgn va. Orowninah'old,
decided by Juaiico Marslull, of the Hopremo Court
nl tlie U. H., 4lb Wlirnton'* flq),, the quoatlon w »a,
whether a itatua of New Fork, passed after tho
. uie of Iho contract, und by which Ihu creditor whs
d< pitted ><f a right existing before the date of the
act to ipipriann tlio dobtor was an aotimpniring the
obligation of the coutrucl. Hu held il wus nuL II
cannot bo denied, that tha right to imprison wfts a
meuns of enforcing payment. It was tlio ooly effi
cient remedy to exuausf tlie assets of tho parly, ut
which both the remedy by impiiMimiraot aud by
lerr of the property, nnd noltlmr levy of property,
or imprisonment of the d ibtor, can nvuil tho party,
or exists as a remedy in any chriutiuu country, after
oil the assets aro exhuusted. No levy can bu made
altar the sale ol the properly. If the party is in
jail, ho conic* out upon a hul aurretidor ol all hi*
effects. Now Hie remedy by imprisonment is tho
moil effectual of the two. A Q fa. only reaches
properly, A capias lakes the body nnd no!da thut
until tlw pn/ty urlDj/t up hit property i diigorae*
inn his secret ticarauu and bh chose* iu aolioo.
ft hold* him anlH ho purges his conscience by an
oath that ho lua no limber means of puyment.--
This remedy m.ty be lukun away, leaving the er«di
lor to such as*rt* a* ho can lin.l nnd point out to tlio
Khvritl, und wliicli am the subject ot levy and sa'c,
and still lira Constitution ia not violated, auys lira
Supreme’Court iff tlio United States.
Where A. make* a flood to.H covering land, wo
I umlarataiid that un title reiuaina in A. to the . -
.remisea sold. This aouvayunoo in held to be with- OOflRtufltO tho qi’JIlV to tliO Itldintlrt,
lion of contracts In a t the m<« ra- ! , l p.,|, ft |,| v i„ tl.n onntnat. winn tn
to do. ft due* not postpone tlie time ol perlorm'
slice. Tlio Dole was due ut thu day ngiced uu, be
gan tn draw internet at tt.u time specified, thu liun
ol the judginont beg in aocordmg to existing law*.
Thu lime of pe< lm .'nance by ibo pm tics Ims lint
bean changed. Tlie sale nl' properly oniter execti
lion 'a not u perfo.niaucu by the put lies j itlsuo
exccutk n of the contract by tho law—anu by the
giant of tho power ol tlie Hiato to the Hberitf to aril.
It dots not change tho aidence of lira contract.
But in this connexion 1 will air tlmt tlm State or
dinance of Gumgiu lor Binding dobla docs not only
change tlio cridunco of the omitraot but discard* it
cutlrriy, unu remit* the parti * to their rights to
proro values, as upon implied contracts and as if
them was no sgratunoot at ail ua to valoo. A inau
who in 1804 lifrcl three negroes of equal value, uu
.ho aamuday at 910U, and |(,oo, depending
ou Hta ratio of supply nud demand, cat) ttuilor Umt
ordinance, now go lulo court, discard liii owu
agrosmeiita* to value, and the uolus given lur the
price* agreed on, and bcloro thu same Jury nnd un-
dor the s.tuiu charge, n cover tha sume price (or
tho Horricua of e.ioli of Ilia tragrou*. And that ordi-
na< <"i Is held by our Supremo Court to be oooelltu-
lioual.
Wiibmit reviewing ell th* eulhnritlrs, but by
presuniing His atioug poiu'a on both aides, l Imvo
puiauid tula "reunion to HuHhluut leugth to satis
fy iny own mind tlmt tho Stay Law iff Georgia ia
not clearly anil plainly In violatlou of thu Coimtfiu-
Hod of (Ira Unifud Hlafaa; and to ulfjrd a fiifr In
dex to the nuriuut of reason by wbioh I arrive at
this cotieiuMou, and will ubide the result, not with
out Imps.
A Frarpul KRBPONBiniun.—Tlio
Now York Journul of Coimneru«, dwoll-
ing upon Uio fact thut Uio Ruimi Con-
gross now itds ul)8orbotI within itmiiftho
ontiru functions of tlio government, snys:
“It i« n grout, n fearful reHinmibility,
thut UungruHH Iran nsituinod, Tlio Cnn-
Btitutiun w opeuly defied, rash expuri-
nients in loginlntion nru iiiHlitnloJ, thu
Pretddout is stripped of bin c.’iuuiitiyo
functions, caprice and vindictiveness
usurp the plnoo of oooMiouded reason-
ing aud fur-sighted policy. Fur theso
powers which Congress lias seized, fur
tlioso hazardous te*ts to which Ouiigrosx
is Htilijuuting tho life of the Kupubhe,
peuplo will hold Congress to strict ao
countability. If these reckless legislators
fail, woo bo to them ! They huve slaked
the existenoo of their party, their Be[ia-
rato political .fortunes, upon the htt/.urd
of thu die. It ie IichI that they. should
now have the.power, piibriiniinuled by
opposition 'from any quarter, so tbutthoy
muy tlie soopor demonstralu tboir inca
pacity to carry on tho govgrnmont, and
tiring into ascendancy ng.iin that health-
fid conservative suntimont, tho signs of
whoso reviving power aro all around ur.
OiuBrrs tty RkatsTRATlox.—The IV
tersburg Express says the registration
going mi in the South in not so much to
giro opportunity to tho loyal to vote, ns
to gut the minion of the plain und color
ed in tboHu regions, for the purpnso of
ascertaining how many there will lm to
pa .
[r b * bly , MM i c "' ,l " , .” 0 5 te 3 t T"
. be legialeicd willito a given linie, and that in du- ■ lm WOgU'l, UltU JVllOfO to lillri them.-—
tnf historic ** well it* Judicial nuMmrity. fault A. may aril II agxiu uml oouvey a good tide to Don’t yojl suppose there will bo a huHD
I ii.n«’ ruferreU to.tho fuel Hint the coUlract-1 C. isCDiialilotfona'’. ltml l*. A. sells land ,f » IL j n i- nAernei u/l„,'ll <lianwn il,,,!,. nmnoH ? *
ing iir.ililt lurv " ire GiuigimiH. both fiignecil wlm remains in J* sscaion with au undisputed title j °‘ n^gftn- 3 Will) II tlisown then liqillCB (
in il' fcmlfug (fie Slate anil pim-rrlng (fie 67,v-1 *»r *>* or twejre niomha. A Uw, whloh not only
nini'ut which ilaclf clufmid, nud which they •".u.iv'. tmt dos'ro/s m*t oontracl, tnuibl ate* the
... ...... t iitfcrabd
Tiir Tidb pv Hauicausm Kuuixo at
illation "I li" 1 v" 'ion "t. o..i. ll.t: j <**-'*» 1 * . ,he J"'**?
itiou which, when mtirte, nml nt tho |n« "b 1 ligation of
..i,truct. fin’Ii..il. II,. m.kli* of . J*."-
Ot to Bni'-rauM' \ •■"W!“? “S2f 1 "<« Nubtb.—IodHiiition; nru runltiplyiog
mill nut nulijcct to tlie luw by which tlio other ‘ SsKiS j ^ o.ut N ; ,thur„ pi » P i,. n r U
Mil- to coiirint" this coliuacl, uud tlmt, n0 ,|,i nu j, held to uol impair the obfigatiou ol a .becoming intensely (HSgllstod With Had-
Ih, y contruclcd u ,I,-t (lia Sb, U» Itan Iii oniiAmjl -•»»' un»,»-iii,ni».oi. iculiam. Many uf tho Uiulioul journul.
fnirc. If A. nofila a note ngsloai fj. guea it tn jndgnmnl, I ... ■L- , J ,
Thetc is nnulbcr political fact which Uie Court ttra aet requiring him to an force tho judgment wiUi-1 a1,0 *0001 bill ul tllO icuetion, UUll am
it if! o’cogH/Zf, and uliid) thou hi hunt iu weight in a hniutul time, and which operate* to Uealr-y ilm ■ «b fitting their liOUMO' UCCultiiiU'ly,—
iu the d'icruiinution ol tiu! question nt hor. The j ^n-Vunoiraatl- Among them is iho New Yol k Times,
which is now exposing tho unconstitu-
tionality of tho recent reconstruction
acts of Congress. It asks, wherein tho
Constitution does anybody “find authori
ty for Congress to puss tt law excluding
certain States from representation until
they pass laws or adept Constitutions
such us Congress ipay proscribe ; or to
subject’thu civil functionaries of a Htate
to tiiu paramount authority of a military
comm.mdor; or to docroo universal no-
grv sull’mgo in Iho Southern tStntue as
tho condition of restoration? Wo cun
find no Bticlt authority, and never could;
-.Ull I) ("• •II-*( i till "I « ii - ii. " ;i'"i 111 i , mm ill i m: I —, - n , . . ,,
<Jitt«of this contract, f.rlude the making of a! . Uut .» thy Iragialaturaeaya bi* lien ahall
iuw iinuufring tho ol.ligation of contractu also , nB lue , aw nnm n | B uno
recognized tho right of private urotwrhr. It re- , ro . # lhe „ Bn ol „ 10 g'nitei.lurecd with
cognized property in tlaves. Mr. Ilfiidry, nMhej j„ u K j V( . n time, the other prtscrvaa the lien and
tint# he signed tlir note to Mr. Gtliiu, even under forbid* (ho enforcumeni for a given time. Oue iin-
the Count!I uhoi) of tho ITnitcd States, aupposing ! pairs the contract, the other duo* not,
it to Ira Mien In full force over him, wa* entitled I Hlsi-te. of .limiution and a-urjr taw* have b«en
to the slave*, und they slavra was ;i part of the j auktained by ihu coiu is. Laws abroxatipg and an-
ttf - jainst tbe policy of tho
contract, ho teciudcully defined by the Icnrucd
Judges utUClied to the property of defendcut in
whate ver Inmfcd at the duto of tho judgment.
The duvI’H he owned constituted n part of It. He
did not at II iIiomj kluver.dld not give them aw*y,
did uot coi.eeul them. The oMigntfoii of tho
contract ho far us this property was con
cerned’, wa* denlroycd by tbe Goveriuneut wlum*
orgaltlc law ta hcrtTrelied on. How Wufl tlmt
dolie ? It wa* effected by an "iteration of tin*
Constitution, and Mint without the consent of onr
people uud our Bfnte. The Conatituliou tom-
mem; id It* binding force from (he adoption of it
by iho Stales, Georgia among them. 11 hen we
adopted it. wo took every notion and nrticto.
Thut which rccuguizcd slavery waa os strongly
binding as tlmt which Ibrlmde tlio malting j»f u
luw Impairing the oldigntion of oontrnota. 1 jmii
what pi ioeipl" is it. thut one can lie unautlior-
ized, und We U: buimd by tta’ gthcr ? H it U
Btalc ire also sustained Georgia mar aay litbrr
citizen, you may Dot mala a contract for a curtain
purpose. Vet if you in >ks a contract for amne oth
er puipi-ae nut prohibited, it ia the policy of the
Hiato to relieve her prop)* for a year from tho op
prctrtwu thut la Impending, and Iho Htate ia forbid
den to cany out her pffiejr. It iA lira policy of
Georgia to abate ths evil of gaming. A note given
for gaming ia illegal, and (Je irgia may not ooly im
pair, but destroy tbe contract. It ia the iiolioy ol
Ueorpia tuthfeld her woiliun and children from the
tnorem-ss creditor, and prevent the loe* "f property
by sacrificing il, atHncrilfsale, DnderdriU'usliincoH
w.-rae (ban g fining. Hlra b.ie undertake)! to do that
thiig, trad ig are 'old she cannot «lo it. Sho can-
uot delay tbe ci editor, Ucause it impairs thu con
tract.
The Supreme Court* of North Carolina and Mis
sonri have fluid stay taw in those Hiuta* uiraourti
rational >H to cntracl* existing prior to those aot»
And thernpreme Oouit of He United Statu... n
(Uo case-ol Brunt on vs. Ktuiic, ! liuwurU Utp,
A Fnlry Tale.
A flaxen bainKl.frocklo faced Uoy wna
Jolitmy, with blue cyos aud lips like
tvd cherries, llo was tbo grandson of
« squill furmiT, bis own fulbor and
motlior being dtmd nnd gone, ami laid
in God’s acre. Grandfntlior was nn old
man, you mny bo sure, nnd porhnps ho
wnB a 1 ttlo cross. Jolinn^y thought so
at any rate, and fancied Ins own life wub
very Laid.
When Johnny was taking enro of u
few sheep that belonged to bis grand
father, ho would soo the young lord of
tho manor rido by on his milk white pu
ny, with a servant man in green nnd
gold riding behind him ou u chesnut
cob. Then Johnny would pout bis chor-
ryjips, und the tears would cotnu into
his evofl, nnd ho would say to himself—
‘Why was riot I born to have a milk
white pony uud it servant in green ami
gold. I um quite as good ns he js ; I
tun bigger and stronger, and just oh
f ood-looking. Who is ho to ride, when
have 1o walk? Ah, I wish*—* And
there Johnny stopped nnd fed into a rev
erie, which is just as bud ns falling into
a mill-pond Boufctimcs.
Johnny hud often heard toll of the
fairies, tbe good little ’people, light nn
thistle-down and bountiful tin innocence,
dwelling in thu bull-llowor, drinking the
dew for nectar, and happy, ny, lmppy
as the-moonlight night was long. Not
fap from the place where Johnny kept
his sheep there wore. Hcvcrnl grassy
rings, rind them thu country folk» truid
tho fairies danced (ill night and made
jnerry. Johnny wished tlint ho con’d
see them. How tull wo:o they ? As tnll
ns my little ilngor! Why, the boy
thought ho could capture u whole army
of them, and take them home as secure
ly as sticklcbuts out of tho stream.
One night Johnny mado up his mind
to look out for thu fuirics. He hud
been troubled that day. The little lord
of the manor bad ridden by nn lira jnilk
wbito pony, with a little lady by bis
side on a cream colored pony, und two
sci vnuts behind litem, one iu green aud
gold, und the other in red anu gold, one
on a chesnut cob, nnd the other on u
black charger, standing I don’t know
Itovv many hands high. And Johnny
hud tumbled into a reverie again, und
agreed to himself it wan a shame |
Ho in not the best of tempers nnd tbo
’ory lowest of spirits, Johnny enpie to
look for tbo fairies. He lay down on
the grass and kept quiet till tho village
clock struck twelve; then he hoard a
rustle and tho hum of voices—not ao
loud ns tho bflfci of a bee, nnd laughtor
scarcely as loud ns tho chirp of tho
cricket; but bo know it wnn the fairies
and bis heart wont thump I thump
thump I
Presently bo ventured to look around
him. Tlio moon wns shining brightly,
nnd by its light bo saw tho gayest com
pany of miniature beings you cun possi-
uly imagine, dancing merrily. Timo
would fail to tell you now beautiful they
nil were, how gaily dressed, how cour-
tooijs to oneb other, and bow graceful
in every motion. Johnny rubbed bis
eyes, and fancied ho was dreaming ; he
stretched out his hand nud run it iulu a
lot of nottleB that quite convinced him
that ho was awake. The shnrp sting
made him cry out, nnd iiutnnUv the
buii became a rout. Tho fairies (led in
every direction, some hiding themselves
under tho leaves nnd soino burying
themselves in bell flowers ; and all es
caping except one, nnd bo got bis feet
entangled in a spider's web and could
du nothing but wriggle and cry out.
Johnny onino to tho rescue, but before
ho released him bo begged a boon.
•\Vhat will yon have r said tho little
fairy. ‘Speak quickly, and get nio out
of thia horrible web.
“I want to be ns well off as the little
ford of tho munor.’
‘Tush,’ quoth tho fairy, 'you aro bet
tor off now.*
'If you sny that yon know nothing
about it,’ said Johnny. 'Y'ou may stny
in yo.tr web till the spider finds you.—
Why, ho has a wbito pony uud a eor-
vunt in green nnd gold, nnd I—'
‘You are a healthy little shepherd
boy, withont a care.’
I am worn out with care,’ said John
ny. ‘.My grandfather is cross; tho
black bread is hard, and not too much
ot it; my jacket h patched, toy shoes
uru almost worn out j tho sheep contra
ry and the dog obstinate. Come, what
will you do for mu V
‘Would you change places with tho
boy you envy V
* Yea, of course I would.*
Bo it so—lift mo out of the web;*—
When Johnny dtiuntungled him from
the mesh tho fairy muttered some unin
telligible words which Johnny could
never remember, and the fields nnd fni-
lies Jaded away, and he wns sleeping on
n soft couoia. Hu uwoko with n eturt
and looked round him in surprise Tho
grey light of inoruiug wus stealing into
tlio room, und lie saw that, the apart
meat was richly furnished a clookHtt uck
live.
At that moment the door opened nnd
a man in. u striped jacket came and
gave him good morning. After this ho
nor have wo over boon fortunate enough J Mm out of bod, took oft bis uight
to (lad one who could point it out.” clothes, and plunged him into a cold
— -'"**"7.7 | hath. It was in vain thut Johnny pro-
Good BikhiestioN. tiiu lioslon Post ( toiled (hat ho was not use to it, und did
It occupiid nearly on hour, and when it
was over there was a tap nt tho door,,
and u message to say that Mr. t3tpqrnw
wns expecting him in tho study.
‘Who is ho r said Johnny.
‘Your tutor, sir, of course.’
‘What’B ho wont ol mu ?’
‘To prepare you for tho dayV exter -
clsos. 1 -
‘I can got ctmtigh cxorcino wilhmifi
him. Just you get mo some bread apt!
milk, and I’ll liava a run in tbe Helds/
Tho mini in Iho striped jacket hcld iqr
his hands in dismay, tie assured John
ny tho thing wuh impusHible, nnd witlr--
oat further parley led him out ncrossiv
passage into u chamber with niviro
books iu it than Johnny supposed could
over have been printed in tbo world.:
Mr. Hlcurne, a utill’looking gentleman 1
in a suit oi black, gave him good morn
ing with much solemnity, and then be
gun to soold him for bomg late. There
wore Latin, English, ami Wmthemnticud
exercises to be gona through, aiVtf they
would nl) occupy time With a fniliixu
heart Johnny took up his book and (trail
ed at flic page. Strungely enough fi* 1
could read it, uud when bis tfftm’ toofe
the book and questioned him about it
ho could repeat it—but it made bin
head ache, and lie felt Very sick and
weary. t ' j
‘It you pleaso may I a bluff
milk ?’ ho asked, ot* u little water ?’
‘ Certainly not. It is timo, howo»#i',.
tlmt you took your tonic. ’
la answer to Mr. Btuurnp’s summons,
thu man ia thu striped jacket appeared
with a wine glass full of-—ob, sneli nas
ty muff! nml Johnny was obliged ter
take every drop. Feeling very imtclV
the worse for this draught, the buy
wont on with bis lcssous till bulf-pirat)
seven, when Mr. Stcuroo,. ii> » terribly
rigid way, aafd
'Sir (Jtmffos, it iff tlio liour for your
constitutional promenade.'
Johnny ut first thought bu was going:
to bare a doso ot something more nasty
than be bad before, but he soon learned 1
that Mr. Stenrao tncunC Unit they were
to go iuto tlie gardens, wbioh bo wutf
very glad of. 13ut when he got into
tho gardctiH—aud they wero gruud
beautiful gardens, I can tell yea H*h4-*
and would huvo taken a sharp run he Wntf
giavoly rebuked by Mr. Btearno for his
vulgarity, nnd lorced to walk (iBno)emi*
ly us u muto at a funeral. Johuney be
gan to compose himself with the idoa,
when tho broakfust boll rang, that ho -
should have some wonderful nico things
to eut. Visions of cold partridge und
pigeon pie, ham and eggs and fried sal
mon ilittodbefore him; but alas, how
mistaken was ho 1 All these, nnd mow
too, wore ou tho table, but not for him.
Ho had a bowl of bread and milk, nnd
nothing cIbo, on account of bis weak di
gestion. After breakfast there wero
more lessons, ba.'d, dry, droay lessons,
with much rebuke. There waa n Fiench
miiHtcr, and a dancing master, and a
writing master, and a fencing muster:
thoro was a music master, nl«o, and 1
don't know how many beside. Poop
Johnny’s head was very, vory bad before
dinner time; it seemed to him to bo 1
tnado up of plates of rend hot iron welth
ud together with boiling lead. lAwtor t
Only ono dish —misted mutton—a piccw
of stulo bread a glass of water! Oli,
how Johnny yeard for a hunk of bread
and cheese and n slieo of onion.
After dinner thoro wero more lessons,
and a(W that—the pony. But) by this
timo uohnny w us so sick and weary
thut bo bogged to bo allowed to 1 go to
bed. Mr. titcurno could not hear of it.
Bo be mounted the white pony, «nw ft
little girl as tired ns himself on 1 a cream
colored poney, and who wus escorted
by servauts in gold nnd colors, and- fell
most miserable.
As Johnny rodo by tho pastures where
bo was wont to take core of tho sheep
hu saw hie own vory seif, looking, o'fi, su
happy among the sheep, wifih old “BfoWn-
io,—that wus the dog—>fill! uf his gam
bols. What would i u nut huvo given
tdjump oil'the pony’s b ok and be him-
it aguin ! but bo could not) do 1 it. As
ho rode un ho began to suy to 1 himself,
“Why is it that I should bo ahtW up in
a big hutito uud be made to do (liia and
thut, and tho other? Why—ah, X
wish—," nnd then bo foil into n reverie,
When tho ride wus over he west
hack to the grout house, und,- witfc the
little lady who hud ridden- with him,
wns ushoreU into a sfcmo’-roortv, wheru
u lot of gontleincn In white waistcoat's
were outing fruit and drinking wine.—-
IIu hud to stop there half an 1 hour with
out speaking, when he wan regaled with
a small bunch of grapes. At) tho end
of tho half hour ho wnn taken 1 away by
Mr. Htoarno, and in his presence partook
of a ctip of milk and water,-nnd u: piece
of dry toast,; Then 1 hu w»fr Sc At to bed,
its miserublb u boy us was ter bo Amnd
within the four seas.
In bis sleep the fairy cunYo fo fthVr.
“Mortal child, are you plotwcd with
this change ? rt
“Oh no, good fairy f-lc6 me be my
own self again. Brownie is tt good
dog; 1 love the dear old sheep',• and I
lung to bo w'rth my grendfirtbor ffgain."
“Hut whet of tbo white prttty ? ’
“I don’t want tho white pony. I like
fo bo my own self. I writ nettff envy
anybody uny more Good furry, take me
home,
And'when Johnny ..awoke he was ut
homo ; and did he not enjhy his broak-
-|Sf£ » elu.ilc. mothi.il of tfoiU.ig i,„i l,ka , t . 1 only shook his fust r Ami ... ho wont Ml. tho .hoop,
."I uUlio Iriwidontthanhj impcooh. g ,-„v„l y , 0 „d wool on plunging 1 wit |, u ro „„i 0 t „ omit of uic-U,
".out . I lit WiiohlIigtfin Uity unSor c.im- him-UfuTil ho wo, .nti.liocl; Ihoi, ho rub- j jy |„ ool , ny i.imwlf “I wi.h,"-
" l0 l4 " f 1 fttR' 0 1 “ | 0r “ ’ uutl 'hi"! ho bod 1 !ry with » rough towol. Aflor ( n h "nil I il,.niromill
could loinova Mr. Jouuanu aud appmut this ho holped him to dress and Johnny'
.vlio bu pleas,-ti. ' ' ‘ 1
• bud Mover Uatl so much trouble before, »gidu
j (tib, tliut founded dangerous, but it was
not)—“l wish I tnay never change my
-t..l ......... of