The Newnan herald. (Newnan, Ga.) 1865-1887, January 25, 1868, Image 4

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The Civil and Military Authorities. OFFICIAL CORKKSPOXWENCE. We find in the Macon Telegraph, of yesfcr- i elusion. General. I most emphatically uis«ont. Whence does this ordinance emanate ? From a Convention assembled to make a Constitu tion for the State of Georgia, which is intended to snpercede that in which is intended to su- „ , , , . „ 1 tlm pcfcede that in which the above prohibition is clay, the annexed documents in relation to trie , f * J ’ i contarneu— a Convention not assembled eitfiei late controversy Ik-tween Gen. Meade and Gov. Jenkins and Treasurer Jones, and the orders removing the latter gentleman from office. The ordinance of the Convention has already been published. Upon tins General Pope made the following endorsement: JIeaoq its Third Mii.ifart PtSTnicr, [ Atlanta, Ga., I>ec. 20, 1807. ) Tn conformity to the provisions of the with in ordinance, the Treasurer of the State of Georgia is hereby authorized and instructed to pay out of the State Treasury the sum desig nated in this ordinance, to the Disbursing of ficerof the Convention, for the -purposes herein specified, and to file this ordinance with the order endorsed thereon, and the receipt of said Disbursing officer of the Convention, as bis vouchers for the amount. John Pope. Brevet Maj. Gen. Commanding. Official: H. Clay Wood, A. A. G. Treasury of' Georgia, 1 Millcdgeville, Ga., Dec. 21, 1807. J Brevet Major General I’ope, Commanding Third Military District, Georgia, Alabama and Florida: General: 1 rcceceive to-day, by Dr. N. L. Angier, your letter ot authority and instruction to pay to him, as disbursing officer of the Con vention now assembled at Atlanta, a certain sum for the use of said Convention Holding my office under the Constitution of the State of Georgia, adopted in 1805, being sworn to perform its duties according to that Constitution and the laws of the State, by which 1 am forbidden to pay money yut. of the Treasury except upon warrant of the Governor purpose, and sanction of the Comptroller General, and having entered into heavy bonds for the faith ful performance of the duties so proscribed, 1 am compelled to decline making the payment ordered by the Convention and authorized by you. 1 nave the honor to he very respectfully, etc. John .Jones, Treasurer. Headq’ks Timm Military Pis't, f (Dep t, Georgia. Florida and Alabama) r Atlanta. Ga., Jan. 7, 1868. ) His Excellcnecy, Charles J. Jenkins, Provision al Governor of Lhe State of Georgia, Mill cdgeville, Ga.iM Dear Sir: I lufve the honor to submit here with for yom consideration a copy of an ordi nance recently, adopted by the Constitutional Convention of the State of Georgia, and a copy of the endorsement thereon made by Brevet Maj. Gen. John Pope, who, at the date of such endorsement, was in command of this Military District. 1.also enclose a copy of a letter ad dressed to General Pope by John Jones, Esq., Provisional Treasurer of the State of Georgia. You will observe that said ordinance author ized and directed said Treasury to advance to the disbursing officer of the State of Georgia, the sum of forty thousand dollars, to defray the expenses of the Convention and the pay and mileage of its members to the 23d day of December, 1867, and that General Pope’s en dorsement on said ordinance authorized and instructed the Treasurer to pay the sum desig nated in t-he ordinance to the disbursing officer of the Convention, for the purposes specified, and to tile the ordiance with his endorsement thereon, and the receipt of said disbursing offi cer, as the Treasurer’s voucher for the amount so paid. The Treasurer declined to pay the amount so ordered to be paid on the ground that he held his office under the Constitution of the State of Georgia, adopted in 1865, being sworn to perform its duties according to that Constitution and the laws of -the State, by which he alleged he was forbidden to pay mon ey out of the Treasury, except upon warrant of the Governor and sanction of the Comptroller General, and that having entered into heavy bonds for the faithful performance of his duties so prescribed, lie was compelled to decline making the payment ordered by the Conven tion and authorized by General Pope. Under these circumstances, I deem it, proper to re quest you to issue an Executive warrant on the State Treasurer for the payment of the amount, and for the purposes specified in said ordinance. I am clearly of the opinion that the Convention is authorized by the Deconstruction Acts of Congress to exercise such legislative power as may be necessary for it, to discharge the duties ■which those Acts impose on the Convention.— To enable it to discharge its duty the payment, of its current expenses, and of its members, is absolutely essential. In this view I consider the present ordinance as “an appropriation made by law,” in the sense used by the Con stitution of Georgia, which prescribes that “no money should be drawn from the Treasury of this State, except by appropriation made by law and I, therefore, trust that you will not hesitate to give the Executive warrant required by the Treasurer, If I am correctly informed there is a precedent for the action of this Con vention in the appropriations made by the Constitutional Convention which assembled in this State in 1865. You will please show this communication to the Comptroller General. Hoping that in the performance of the diffi cult and embarrassing duties now devolved up on me I may have the co-operation and assis tance of the Executive Department of the State of Georgia, I am, most respectfully, Your obedient servant, George G. Meade, Maj. Gen U. S. A. Commanding Third Military District. Executive Department, [ Millcdgeville. Jan. 10, 1868. ) Major General George G. Meade, U. S. A., Commanding Third Military District: General—Your communication of the 7th instant enclosing, for my consideration, an or dinance of a Convention now sitting in At Junta, “To levy and collect a tax for defraying the expenses of the Convention, and other pur poses,” having an endorsement thereon by Major General John Pope, then commanding the Third District, authorizing and instructing John Jones, Esq., State Treasurer, to pay the disbursing officer of the Convention forty thousand dollars to- pay its expenses and the pay and mileage of its members and officers up to the 23d day of December 1867, and the re ply of Mr. Jones to General Pope was received after 10 o’clock P. M., yesterday and numer ous unavoidable interruptions have prevented .me from replying in time for the mail of to day. After reciting the substance of the enclosed papers, you add, “ under these circumstances I deem it proper to request you to issue an Ex ecutive warrant ou the State Treasurer for the payment of the amount, and fer the purposes specified in said ordinance.” After careful consideration, and with the clearest conviction of duty, I must, General, respectfully decline to comply with your re quest. Vv ith a full appreciation of the courte ous terms iu which your request has been pre- fered. I ask your consideration of the reasons which have prompted the answer here given, lhey apply to three aspects of the subject un der consideration: F irst. 1 have considered it- as arising under the Constitution of the State of Georgia adoted in 1865, and tlie Constitution of Hie United States, both of which, upon mv induc tion into office. I took a solemn oath “ to the best of 7ny abilities to preserve protect and defend.” One of the provisions of the former is express ed in these words; “ A'o money shell bs draten from the Treasury of this Stale, except by appropriation by law.” Here is an attempt to draw from the 'treasury of this State a large sum of money. Has an appropriation of this money been made bv law? Clearly not, according to my eoneftp- tion. I venture the assertion that any learned, upright jurist would hold that the term “law,” as used in this connection, signifies a statue towf»! nS th'TL* he law -°takmg power estab- WWt b f thnt 9 f onstitu tion, and none other. What else can it mean? You say. “In this twJl- e \ U *.t eW of the .necessities of the ention) I regard this ordinance as an i,fr PrU r! # ! mad ? by luw iu the sense used by the Constitution of Georgia.” From this con- ! in tlie manner pointed out by itself, nor by the spontaneous action of lhe constituency recog nized by if. The concluding clause of our Con stitution of 1865. reads thus: “This Conslitu '.shall l>e altered or amended only by a Conven tion of the people, called for that purpose by Act of the General Assembly.’’ Bear in mind. General that 1 am now dfs- i cussing your proposition, that the present ordi i ranee is to be regarded “as an appropriation made by law,” in the sense used by the Consti tution of Georgia, which prescribes that no money shall be drawn from the Treasury of this State, except by appropriation made by i law. As a logician for the purpose of the ar gument, von concede that 1 am bound by the : Constitution, and are seeking to convince me ■ that this ordinance comes within the exception j to the prohibition. Now, look at it in the ! light of the concluding clause I have qnoP J. ! prescribing how. and how only, it shall be al- j tered and amended. That clause is conserva tive of the Constitution itself. The Conven tion which passed this ordinance, and which is assembled expressly to .make a Constitution lor Georgia, is not called as provided in that clause, and is therefore put under the band of the Constitution now existing. Yet you say an ordinance made by it is, in, tl^e sense of that very Constitution, a “law” appropriating mon ey. If I he right in defining the term “law,” as used in the prohibiting clause, 1 have only to add that the law-making power established by the Constitution has made no such appro priation. The Convention which this ordi nance is call* 1 into being by certain acts of the j Congress of the United States is, one of tne ! agents of that Congress (your self being another) ! for the purpose of carrying into effect a certain You construe those acts as giving authority to the Convention to appropriate money out of the Treasury of Georgia. Do you hold, General, that the Congress of the United States could directly, by its own simple act appropriate money from the Treasury ot Georgia ? If you do, you will confer a favor by designating the article, section and clause ■ f the Constitution of the United States (whence only its powers come) conferring that power. If you do not so hold, ‘(and I scarcely think you do,) will you insist that the Congress can confer upon its agents larger powers than are possessed by itself ?' Should you say that yon are not permitted hj,consider those Reconstruc tion Acts without reference to their constitu tionality or their justice, or their expediency- that you came here to execute them, and must do so ? Pardon me for replying that you and 1 look at them from a different stand-point. 1 have said that I have sworn to support the Constitutions of Georgia and of the United States, and 1 have a serene consciousness that in dealing to’obey the behest of the Conven tion, and to comply with your courteous re quest, 1 but pay a dutiful homage to both Con stitutions. Secondly, 1 have consi lered the Subject with reference to the Reconstruct^^ Acts them selves. 1 find nothing which in the remotest de gree authorizes the construction that they in tended to saddle the Treasury of Georgia with the cost of their novel enterprise. It is very clear that thc) r intended that cost, up to the assembling of the Convention, to come .out of the Federal Treasury. They have, with equal distineness, provided that the Convention shall provide for their own compensation and other expenses, liy levying a tax upon tlie people for that express purpose. But you may say, this is too slow ; the Convention cannot possibly await the collection of the tax—there is no body else that can and will advance to them, and, therefore, you must. But the Congress have not so said. It is a very old and a very safe rule of construction “ expresso imius, excht io ext alferius.” The Congress having expressly specified how the expense of the whole scheme from begining to end, shall be provided for, it cannot fairly be argued that they intended any other provisions. Nothing hut a most latitudi- nary construction could justify the inference that this legislation imposes a burden upon the State Treasury. Think you. General, it would become the Governor of one of tluse States, re quired by law to disburse certain sums for desig nated objects and scantily supplied with means for the purpose, to adopt such a rule of con struction, and in a fit of generosity at the ex pense of justice and of duty, to volunteer so large a contribution to a cause with which he had no official connection? Will you do me the favor, General, in imagination, to place yourself in the position of one of these unfor tunates, and ask yourself the question, would you do so ? It may be that Congress has not adequately provided for this Convention, whii h •it brought into beeing, but that is a question between the parent and the child. Even if it lie so, I incline to think that no blame attaches to you or to me. In connection with this point, I will say, further, I cannot perceive in these multiplied reconstruction acts, that Congress has imposed upon me any active part whatever. They have graciously consented to leave me undisturbed in the performance of the humble functions intrusted to me by the Constitution and laws of the State, upon the conditiOn # that I do not “ hinder, delay, prevent or obstruct the due and proper administration of those acts.” But you perceive this imposes only a negative duty. Believe me. General in my of ficial position, compliance with your request would involve a tremendous activity, nay, even the abandonment of previously imposed positive duty. This brings tqe to say: Thirdly, that I have considered this question with reference to the resources, and the exist ing liabilities of-the Treasury of Georgia. In to these (although tolerably familiar with them before) I have carefully looked, since I hail the pleasure of seeing you and I now state distinctly my firm conviction, that if I assume and meet-the expenses of this Convention, ] shall be unable to pay the civil list, the princi pal of the public debt near maturity,' the inter est on the remainder and other necessaiy charges. If your thoughts revert to the pro posed reimbursement, I have only to say it will come too late. Hoping that these reasons for my course will be as satitactory to you as they are conclusive with me, 1 have the honor to be very respect fully, your obedient servant. Charles J. Jenkins, Governor of Georgia. Third Military District, is viewed by me as an obstruction -to the execution of the Reconstruc tion laws of Congress, and I am therfore com pelled to remove you from office, as you will sec I have done by the enclosed order. Very respectfuly. Your obedient servant, George G. Meade, Major General Commanding. aamijaEI mourn. • Re-Ocened ]V1 ai"Idie Yard. T). X. JUDSON, Agent, Dealer ani Worker in Italian and America MARBLE. MONUMENTS, BOX TOMBS, TABLETS. HEAD AND FOOT STONES, MARBLE FURNITURE, Ac.. Corner Peachtree ami Walton Streets, ATLANTA, GEORGIA. MM3 a „ £C5§“D. N. J. wotlld respectfully invito those THE undersigned have re opened the New- wito pnrc hase to call and'exarnfne his nan Hotel, and arc prepared to entertain t.ie ■ ?tock of j IarbIe Work, which will be sold public in a manner consistent with its ‘“finer reasonable terms. Orders so li i>’h reputation. I he citizens ot Coweta coun- ■ , ,, , rT „ r ty are notified that themselves and horses will j belted and promptly filled. [Jan. 5.12m. be fed at reduced prices. HAMMEIT A ORE. Proprietors. Newnan, January 4-tf. It. It. ROSE. W. R. FOX. 0. A. X. ROSE. IS. Jfl. ROSE 4* CO., WHOLESALE DEALERS IX PURE BRANDIES, WINES, WHISKEYS. GIN, RUMS, ALES AND PORTERS, Granite Block, Broad Street, ^Atlanta, G-a. Dealers at a distance supplied on reasonable terms. We call the especial attention of Phy sicians and invalids to the unadulterated arti cles we offer for sale. Our prices are quite reasonable, and will prove satisfactory to pur chasers. [Oct. 26-3m. READ THIS. KAY TON'S OLEUM VITAS/. SCHOOL FOR ADVANCED PUPILS. Dr. H. SELLS. Prm- r, ANDREW DUNN, Su, v R. P. GLENN, Treasurer. Georgia Loom —AND— The Spring session begins on Second Tuesday in January. Students are thoroughly prepared for any Class iu College, efficient teaching or practical business. Tuition from S3 to 85 per. month, desired in Advance if practicable. Deductions arc made for protracted sickness. Board fnrnisi ed by the Principal at 815 per «onth. Provisions taken in exchange. DANIEL WALKER, i’rin. Newnan, Dec. 14. 1867-tf. Z3 33 OM COLLEGIATE Bowdon, Carroll County, Ga. Maj. M. RICHARDSON, President. Tun next Term will begin on Wednesday January 15th, 1868. The Departments of Instruction are English Mathematics, Engineering, Book-Keeping and Languages. The course is thorough and. extensive, and young men can here get a good practical educa tion, fitting them for tlie active duties of life ■it less cost, perhaps, than elsewhere in the State. TflLIOX FOR SPRING TERM OF SIX MONTH. Collegiate Department (in advance) $30 00 engineering 36 00 Commercial 36 00 gigjpD.images and incidental expenses charg ed to the students. gggT'Board in private families $12 to $15 per month. W. T. COLQUITT, Dec. 7-lm. Secretary Board of Trustees. BOOTS, SHOES . AN I) L E A T H E R! NEW STORE!—NEW GOODS! Extra Inducements to Buyers at Whole sale and Retail! Peachtree Str., Markham’s Buildings, (Opposite Cox & Hill,) ATLANTA, GEORGIA, Nov.. 30-tf. GEORGE ¥. PRICE. T WO months after date application will be made to i.he Ordinary of Carroll county for leave to sell the North half of lot of land number thirty (30), in the 6th district of Car roll county, belonging to the estate of Lydia Goodson, deceased. . Jan. ll-2m. MICHAEL GOODSON, Adm’r. Administrator’s Sale. VIRTUE of an order of the Court of Ordinary of Carroll county, will be sold before Court-house door in Carrollton, said county, within the legal hours of sale, on the first Tuesday in March next, lot ot land B 7 in the sixth (6tli) district of said county, con taining two hundred two and a half acres, more or less, with a good dwelling house and outbuildings, <&c. Sold as the property of James McVicker, deceased, for tlie benefit of the heirs and creditors of said deceased.— Terms cash. S. T. SIMS, Adm r. January ll-tds-$7. Adsnmistrator’s Sale. A G REE ABLY to an order of the Ordinary of Coweta county, will be sold before the Court-house door in Newnan, said county, on the first Tuesday in February next, within the legal hours of sale, half interest of half lot No. 108, in the 1st district of said county, and half interest of seventy acres of lot No. 97, in the 1st district of said county (widow’s dower excepted), belonging to Henry M. Summer, late of said county, deceased. Sold for the beuefit of the heirs and creditors. Terms cash. Dec. 14-tds. J. C. SUMMER, Adm’r. MANUFACTURERS AN!) PLANTERS LOOK TO YOUR INTERESTS! And don’t fail to call at office, (Bell-Johnson Building, next door to Tost Office,) ATLANTA, GA., And see in operation Mendenhall’s Improved Self-Acting HAND & PGWLft LOOM! Easier Understood, easier to Operate, and more Reliable, and possesses superior advantages over all other Hand Looms, and is more Simple and Durable. Planters can be independent by Weaving all their Goods, for Home Wear on the Mendenhall Improved Hand Loom. From 15 to SO Yards Can he woven on this Loom in one day ! It weaves as fast as any Factory Loom I Half the cost of the clothing of a family can he saved by its use. From $5 to $10 a day can be made on it. IT’S PARTS ARE SELF-CHANGING! By the turning of an easy crank it lets the Warp off, winds up the Cloth, treads the Tread les, and throws the Shuttle. It Weaves Jeanes, Satinets, Lindseys. Blanket Twill, Double-Plain Cloth, Various kinds of Ribbed Goods, Fencing Twills of all kinds. Flax, Cotton, Tow or All-Wool Cloth, Bagging, Towelling, Table Linen, Balmoral Skirts, Woollen, Linen and Hemp Carpets. In fact anything, from a handsome Silk to a Rag Carpet. It is small, neat and light, not larger than a common breakfast table. It is made in the most workmanlike -manner, of good material, and handsomely varnished. It is very simple and easily understood—everything is perform ed by turning a crank. Looms and County Rights for Sale. ffWMFor further particulars, hill of prices, descriptive circulars and samples of weaving, address Georgia Loom & Manufacturing Co., April 6-12m. Atlanta, Ga. / COURTENAY & TRENH0LM. Snipping and Commission Jlerchants, f CHARLESTON, S.C.,give special attention I to the dispatch of Coastwise and Foreign Freight.r; by steam direct to BALTIMORE and NEW YORK and via Baltimore to PHILADELPHIA. Insurance and Freight Bates, as low, via Charles ton, as by any other line North. CTTFirst-Class Packet Ships will always be on the berth for LI VERPOOL during the present cotton season; Shippers can economise in time as well as freight and insurance to Europe by consigning i cottons to Charleston in preference to Gulf ports, I Quotations for freights, insurance, &c. to all § points, furnished weekly to regular correspon- # dents. f GEORGIA—Campbell County. YT7IIEREAS John Baggett, administrator \ V on the estate of Jackson Baggett, de ceased, applies to the undersigned for letters dismissary from his administrationship : Therefore all persons concerned are hereby required to show cause, if any they can, why said administrator should not receive letters of dismission on tlie first Monday in November aext. Given under my hand as Ordinary of said count}', this April 4th, 1867. Aug. 16-6m-$6. R. C. BEAVERS, Ord’y. Administratrix’s Sale. B Y VIRTUE of an order of the Court of Ordinary of Coweta county, will be sold before tlie Court-house door in the city of New nan, on the first Tuesday in December next, within the legal hours of sale, the following lands, to-wit: One hundred and eighty-two (182) acres of lot No. 116; lot No. 141, except seven acres off of the South-east corner ; fifty acres of the North side of lot No. 142, and thirteen acres off of the North-west corner of lot No. 148— four hundred and forty (440) acres, more or less, all lying in the 2d district of said county, six miles South west from the city of Newnan. On the premises are those valuable Springs, known as the Mineral Springs of Coweta.— There are 40 or 50 acres of creek bottom land on the place, the creek well ditched, and the land in a high state of cultivation, in as heal thy a section as there is in the county, and convenient to Churches, Academies and a good Mill. Sold as the real estate of James Cureton, de ceased, for the benefit of the heirs and credi tors. Terms cash. Oct.l9-tds. SARAH CURETON, Adm’x. T WO months after date application will be made to the Court of Ordinary of Heard county for leave to seli all the land belonging to the estate of James McStewart, late of said countv, deceased. JOHN T. S rODGHILL, Oct. l9-2m. Adm’r de bonis non. Hf.adq’es Tiiikd Military District ) Georgia. Alabama and Florida, Atlanta, Ga., Jan. 13, 1868. j Charles J. Jenkins, Milledgeville, Ga.: Sis—I have received with profound regret your communication of the 10th inst., in •which you decline to accede to the request made in mine of the 7th inst. As I cannot but | consider your action as a failure to co-operate | with me in executing the laws known as the ; Reconstruction laws of Congress, and as I am j an ther advised you have declined to pay the ! salary of J. 8. Bigby. Solicitor General of tlie ! fallapoosa Circuit, on the ground that said Officer having been appointed by the Military J Commander of the Third Military District, you cannot recognize the validity ot" his appoint ment, I am forced most reluctantly to view your actions as obstructions to the execution of the Reconstruction laws, and have no alterna tive but to remote you from your office, as you will see I have done by the enclosed order. I do not deem myself called upon to answer the arguments of your letter, l’he issue is very plain between us. I must require the acknowl edgment of the validity of the Reconstruction laws, and you plainly deny them as having any binding force on your actions. Both of us are acting from a conscientious sense of duty, but the issue is so plain and direct that ail hope of harmonious co-operation must be abandoned. uh teelings of high personal respect, and with sincere regret for the course I fc-el myself compelled to take, I remain, most respectfully, Your obedient Servant, George G. Meade, Major General Commanding. Hkadq rs Third Military District i Georgia, Alabama and Florida, V Atlaxta, Ga., Jan. 13, 1868 ) John Jones, Esq., Milledgville; Sir—Your refusal to obey the instructions of Brevet Major General Pope, commanding Rule to Perfect Service. GEORGIA, COWETA COUNTY. Coweta Superior Court, September Term, 1SG7. Joseph J. Pinson, ~| vs. [Rule for Injunction, Dis- Jos. R. Meriwether, j coverv, &c. Win. G. Herring. J I T APPEARING to the Court, by the return of the Sheriff, that said defendants are not to he found in said county, and it further ap pearing that they reside out. of said State: It is therefore ordered by the Court, That they appear and answer at the next term of this Court,'and upon failure thereof that said Bill be taken for confessed. And it is further ordered, That publication of this crier be made fn the Newnan Herald, a public gazette published in the city of New nan. and said State, once a month for four months. JOHN W. H. UNDERWOOD, J. S. C. chas. g. McKinley, Solicitor for Complainant. A true extract from the Minutes of the Court, November 2d, 1S67. Nov9-m4m. J. P. BREWSTER, Ckrk. GEORGIA—Coweta County THEREAS William J. Bryant, adminis trator of Matilda Bryant, represents to the Court in hi? petition, duly filed and entered on record, that be has fully administered Ma tilda Bryant’s estate: This is therefore to cite all persons concern ed to be and appear at my office within the time prescribed by law, and show cause, if any they can, why said letters should not be gran ted ou the first Monday in May, 186S. B, H. MITCHELL, Ord’y. Administratrix's Sale. B Y VIRTUE of an order of the Court of Ordinary of Coweta county, will be sold before the Court-house door in the city of Newnan, on the first Tuesday in February next, within the legal hours of sale, all tlie land (widow’s dower excepted) belonging to the estate of Sanford Hubbard, deceased. Said land lies in the Panther Creek district. Sold for the benefit of the hc-irs and creditor's.— Terms cash. ELIZABETH HUBBARD, Dec. 7-tds. Administratrix. Administrator’s Sale. Y VIRTUE of an order of the Court of Ordinary of Coweta county, will be sold before the Court house door iu Newnan, on the 1st Tuesday in February next, within the legal hours of sale, the interest of the estate of Wm. B. Brown, jr., in 150 acres of land, the same being fifty acres in lot of land No. 267 in the Grantville district of said county, and twenty-five acres of the adjoining lot in Meriwether county, number not recollected, all belonging to the estate of Wm. B. Brown, jr., late of Coweta county, deceased. Sold for the benefit of the heirs and creditors of said estate. Terms cash. WM. B. BROWM, Sr., Adm’r. December 7-tds. Y0l’HG J. £.0X0 H AVING resumed the practice of Law, will faithfully attend to such professional business as may be entrusted to him in Coweta and adjoining counties. Fees graduated to suit the times. JSs^Offiee in the Court nouse. Newnan, Ga., August 24-tf. Rule m Si. GEORGIA, CARROLL COUNTY. Superior Court, October Term, 1867. William P. Wilson, ) vs. [ Mortgage, kc. Samuel J. Rowan, J I T APPEARING to the Court, by the peti tion of William P. Wilson, that on the twenty-first day of January, in the year 1862, Samuel J. Rowan, of Houston county, in said State, made and delivered to petitioner his promissory note for the sum of eight hun dred and ninety dollars and twenty-seven cents, (credited with one hundred and five dollars and twenty cents;) and that the said Samue J. Rowan afterwads, to-wit: on the twenty- first of May, in the year 1862, rtn-de and de livered to petitioner his certain other promis sory note for the sum of three hundred dollars, (credited with twenty-two dollars and ninety- one cents,) whereby one day after date of said note the said Samuel J. Rowan promised to pay petitioner the said sums of money, amount ing in the aggregate to the sum of eleven hun dred and ninety dollars and twenty-seven cents, principal, for value received; and that after wards, to-wit: on the thirtieth day of Novem ber, in the year i860, the said Samuel J. Row an, the better to secure the payment of said notes, executed and delivered to petitioner his deed of mortgage, whereby the said Samuel J. Rowan conveyed to petitioner the undivided half interest in the Laurel Hill Farm, (which consists of six hundred and seven and a half acres of land,) situated in the eleventh district of Carioil county, Ga., it being three hundred and three acres of said land so mortgaged ; and it further appearing that said notes remain unpaid: It is therefore ordered, That the said defen dant do pay into Court, on or before the first day of the next Term of this Court (held on the first Monday in April next) tlie principal, interest and costs due on said notes, or show cause to the contrary, if any he can; and that on the failure of said defendant so to do, the equity of redemption in and to said mortgage premises’ be forever barred and foreclosed. And further, That this Rule be published in the Newnan Herald once a month for four months previous to the next Term of this Court, or served on the defendant, his agent or attorney as required by law. JOHN W. H. UNDERWOOD, J. T. C. Geo. W. Austin, Petitioner’s Attorney. A true extract from the Minutes of thi Court, October 23d, 1867. J. M. GRIFFIN, D. Clerk. Nov. 2-m4m.—$1 pr sq ea in. This great German Liniment is an almost infallible cure for Rheumatism, Neuralgia, Rheumatic Pains in the Back, Breast. Sides or Joints Toothache, Nervous Headache, Earache, Sprains, Bruises, Swellings, Cits, Insect Bites, Burns, &c., &o. This great remedy should be in every house.— For horses this remedy has no equal. Ask for KaytoN’s Oleum Yit.-e. Take no other. Sent by Express for 51. KAYTON’S MAGIC CURE. AN EGYPTAIN REMEDY. For the cure of Sudden Coughs and Colds, Asth ma, Acid Stomach, Sore Throat, Heartburn, Sea Sickness. Cholera. Diarrhoea, Pains and Cramps in the Stomach. Sent by Express for 51. KAYTON’S DYSPEPTIC PILLS. Are a sure and pleasant cure for Dyspepsia, Bil ious Disorders, Constipation, and all Disorders of the Liver, Stomach and Bowels, and when taken regularly will cleanse the blood. These are the greatest anti-Bilious Pills ever placed be fore the public. Sent by mail for 30 cents per box. The above medicines are prepared and sold by Prof. H. H. KALTON. Savannah. Ga. To jvhom all orders should l>e addressed: or to the Agents. A. A. SOLOMONS & CO., Whole sale Druggists, Savannah, Ga. A liberal discount to those selling again. For sale by Druggists and Country Mer chants generally. For sale in Newnan, at the Drug Store of Dr. EDDY SMITH. JAS. E. JONES. F , JONES & BUlhjj (CUOCERS and PROBi’cj- Merchants. AT THEIR OLD STAND nSTEWlSTAN, g a PJiMomors >LKAL We have on band at our C STORE, and daily arriving CORN, BACON, FLOUR, COFFEE, SUGAR, SYRUP, RICE,- LARD, bpttee G-tTxX]xr 0f And all other articles in our line, to wlich w t invite the attention of the purchasing February 16-23-tf. July 23, 1866-1 y. Rule to Perfect Service. GEORGIA, Carroll County. Superior Court, October Term, 1866. William J. Winkles) vs. [- Libel for Divorce. Saraii A. Winkles, ) It appearing to the Court, by the return of the Sheriff, that the Defendant is not to be found in the county ; and it further appearing that she is not in the State. Ordered, therefore. That service be perfected by publication of this order once a month for four months, as required bv law. Granted. LUCIUS H. FEATNERSTON, Geo. W. Austin, Ti ff’s Att’y. J. S. C.‘ A true extract from the Minutes of this Court. J. M. CHEVES, Clerk. December 14-4m. c ' Rule to Perfect Service. GEORGIA, COWETA COUNTY. Superior Court, September Term, 1S67. Mary E. Green, 4 vs. > Libel for Divorce. Samuel H. Green. J T APPEARING to the Court from the re turn of the Sheriff, that the defendant does not reside in said county, and it further appearing that he does not reside in said State: It is on motion ordered, That said defendant appear and answer at the next Term of this Court or that he be considered in default, and the plaintiff be allowed to proceed. And it is farther ordered, That a copy of this Rule be published in terms of the law. JOHN W. IT. UNDERWOOD, J. T. C. SMITH & TURNER, Att'ys Pro. Li’b’lt. A true extract from the Minutes of the Court, this October 22d, 1867. Oct.2G-m4m. J. P. BREWSTER, Clerk. GEORGIA—Haralson County. K INNETH MURCHESON. administrator on the estate of James H. Murphy, late of said county, deceased, having applied to me for a dismission from said estate: This is therefore, tocite all persons concern ed, to be and appear at my office within the time allowed by law and show cause, if any th ey can, why said administrator, on the first Monday in February, 1868, should not be dis missed. Given under mt hand at office July 15, 1867. JAMES H. WILLIAMS, Ord’y. August 10-6m. GEORGIA—Heard County. JILLIAM G. CRAIN, executor of the last will and testament of George Crain, deceased, having made application to me in proper form for letters of dismission from said trust: These are therefore to cite and admonish all persons concerned to be and appear at my office within the time prescribed by 7 iaw, and show cause, if any they can why said execu tor should not receive letters of dismission on the first Monday in February, 1368. Given under my official signature, July 24th, 1867. W. H. C. PACE, Ord’ry. August 3-Cm. "A Repository of Taahion, Pleasure, and Instruction.”' HARPER’S BAZAR. The Publishers will commence, ouXovemWr 1st, the issue of Harder's Bazar, a weekly Illustrated Family Journal, devoted to FaA ion and Home Literature. Their aim is t« fold : to supply the existing’need of a Weeklv Fashion Newspaper, and to combine tliorcwirS. a first-class literary journal, which will be in' dispensable to every household. Arrangements have been made at an im mense cost, with the most celebrated of the Fashion Papers of Europe, especially with the famous Bazar of Berlin, which supplies the fashions to the leading journals of Paris, tn furnish the same to them in advance, so that henceforth the fashions will appear in Harper'? Bazar simultaneous with their publication in Paris and Berlin—an advantage enjoyed bv no other journal in the country. The patrons of Harper’s Bazar will receive every forniglit large pattern-plates, containing from forty to fifty full-sized patterns of ladies', misses’, and children’s bonnets, cloaks dresses, under clothing, and other articles, accompanied with the necessary desc riptions and dimvtions, and occasionally an elegant Colored Fashion Plate of the size of Harper's Weekly. Harper s Bazar will contain 16 folio pages of tlie size of Harper’s Weekly, printed on superfine calendered paper, and will be publish ed weekly. SUBSCRIPTIONS. 1868. The publishers have perfected a system of mailing by which they can supply the Maga zine, Weekly, and Bazar.promptly to those who prefer to receive their periodicals directly from the Office of Publication. Postmasters and others desirous of getting up Clubs will besnp- plied with a Show-Bill on application. The postage on Harper's Bazar is 20 cents a year, which must be paid at the subscriber’s post office. TERMS: Harper’s Bazar, one year $4 00 An extra copy of either the Magazine, Week ly. or Bazar will be supplied gratis for every Club of p’ive Subscribers at 84 00 each, in one remittance; or Six Copies for 820 00. Back numbers can be supplied at any time. HARPER & BROTHERS, Franklin Square, New York. Administrator’s Sale. )Y’ YIRTUE of an order o r the Honorable S Court of Ordinary of Haralson county, will be sold at the Court-house door in Buch anan, within the usual hours of sale, on the first Tuesday in January next, a certain house and lot in the town of Buchanan, in said county, together with adjoining lands, some twenty acres in all, more or less, being all the real estate owned by John Duke in said town at the time of his death. Sold as the property of said John Duke, de ceased, for the benefit of the heirs and credi tors of said deceased. Terms cash. Nov. 9-tds.-$7 50. Z. P. DUKE. Ydm’r. Fair Warning. A LL indebted to the estate of Fine W. -tx Perry, deceased, by note or account, are forewarned to come forward and close up by renewal with sufficient security, or else the papers will be placed in a lawyer's hands for suit. Those complying with the above will be granted indulgence until they can convenient ly meet the payment. The books and papers may be found at the store of Perry & Flem ming, Newnan. Ga. EMELIYE R. PERRY, Adm’x. P. G. PERRY, Adm’r. January 12-I2m; A Atiiiiinistrator’s Sale, GREEABLY to an order of the Ordinary i m of Coweta county, will be sold before the Court house door in Newnan, said county, on the first Tuesday in February next, the fol lowing lauds, to-wit: Fraction 241, acres, more or less, No. 167; Fraction 1] acres, more or less, No. 168; 624 acres, more or kss, of Nor h part of lot No. 164, adjoining lands of G. 0. Wynn and Patrick Carmichael; 33 acres, more or less, VYest portion of lot No. 159; 54 acrc-s. more or less, being South part of lot No. 164; 115 acres, more or less, of lot No. 155, lying on Shoal creek near R. Hardy’s Mill. In all 2954 acres, more or less. Sold as the property of John E. Watkins, deceased, tor the benefit of the heirs and creditors.— Terms one half cash, the remainder on a credit until 1st of December 1868. M. J. SMITH, Adm’r. November 9-tds, GEORGIA—Carroll County. \\7 HEREAS Obediah C. Cavender, execu- * \ tor of the last will of J. J. Cavender, represents to the Court in his petition duly- filed and entered on record, that he has fully administered J. J. Cavenders estate: This is therefore to cite all persons concern ed. kindred and creditors, to show cause, if any they can, why said administrator should not be discharged from his administration, i and receive letters of dismission on the first ! Monday in February, 1808. I Given under my band and official signature, this August 5th. 1867. Aug. 10-6m. J. M'. BLALOCK, Ord’y. Administrator’s Sale. B Y YIRTUE of an order of the Court of Ordinary of Coweta county, will be sold before the Cout-house door in Newnan, said county, within the legal hours of salp, on the first Tuesday in February, 1868, one hundred a P<l fiiteen acres, more or less, of lot of land No. 36. in the seventh district of said county, (widow’s dower excepted.) Also, by -virtue of an order from said Court, will l»e sold before the Court-House door Campbellton. Campbell county, between legal hours of sale, on the first Tuesday March 1868, three town lots, situate in the fully administered said estate: fnNl I a! v Dett °;, Sa ! d a OUnt -' °{ Cam P b * ,L This is to cite ail persons concerned to show All of the above described property sold for , -i , - - . „ the benefit of the heirs and creditoVs of T. D. I VV^ V T admiD ‘ 5tr . at . 0r Watkins, deceased. Terms cash. should not be discharged from his admmis- Dec. 14-tds. JAB. P. BBEWSTER, Adm’r. :f eceive J et ^r3 of dismission on the first Monday m December next. Given under my hand, and official signataie, June 18th, 1867. June 29-6m. R. C. BEAYERS, Ord’y. GEORGIA—Coweta County. G i EORGE W. BRYANT having applied to ^ be appointed guardian of the person and property of William H., George C., Charles J., Elizabeth J. and James M. Hendrix, minor or phans of George W. Hendrix, resident of said county: Therefore all persons concerned are notified to be and appear at my office within the time prescribed by law, and show cause, if any they can, why letters of guardianship should not be granted. Witness mv hand arrd official signature. Nov. 23-30d. B. II. MITCHELL, Ord’y B 7 GEORGIA—Coweta County. ^HEREAS John F. Cook, administrator of John C. Perkins, represents to the Court in his petition, duly filed and entered on record, that he has fully administered John 0. Perkins’ estate: This is therefore to cite and admonish all persons concerned to show .cause, if any tbev can, why letters of dismission should not be granted on the first Monday in December next. Given under my hand and official signature. May 30th, 1867. June l-6m. B. n. MITCHELL, Ord’y. Administrators’ Sale, YIRTUE of an order of the Court of Ordinary of Coweta county, will be sold before the Court house door in the city of Newnan, on the first Tuesday in January next, between the usual hours of sale, the Store House and Lot belonging to the estate of King W. Perry, deceased, situated on the South-East comer of the Public Square and on Depot street, containing thirty-four feet front and running back East sixty feet, including the two feet alley between said Store House and the adjoining house East. Sold as the property of said K. Yv T . Perry, for the benefit of the heir?. PETER G. PERRY, i A dm’r- EM KLINE R. PERRY, ) November 16-tds. ’ PWO months after date application will he I made to the Court of Ordinary of Coweta conr.ry for leave to sell the lands belonging^ the estate of William Brooks, deceased. Oct. 26 2rn.. TOLLESON KIRBY, Adm’r, GEORGIA—Campbell County- "\T7 HEREAS J. T. Deavenport, administra VV tor of William B. Pennington, repre sents to the Court, in his final return, duly filed in office, that has has fully administered William B. Pennington’s estate: This is therefore to cite and admonish m- ^ persons concerned to be and appear at m- office within the time prescribed by law. aci show cause, if any they can, why letter; o. dismission should not be granted on the nro Monday in December next. Witness mv hand and official signature. 1, 1867. ’ R. C. BEAYERS, Ord’y- June l;-6m-$6. GEORGIA—-Campbell County. B Executors’ Sale, Y 4 IRTUE of the last will and testament 1 of Samuel Grantland, late of Upson coun- [ ty, deceased, will be sold before the Court- i Honse door in Carrollton, Carroll county. Ga., within the legal hours of sale, on the first ! Tuesday in February next, lot of land No. 267 GEORGIA—Heard County. A LES RIDLEY, administrator upon the es tate of James Presnal}.. having application to me in proper form for letters ?> dismission from said administratien: This is therefore to cite all persons ccncer ed to be and appear at my office within -• time prescribed by law, and show cause, n f they can, why letters of dismission should f be granted on the first Monday in Februar-; 186S - • Thh- Given under my official signature, July ; 1867. W. H. C. PACE, Ord ry. August 8-Gm. GEORGIA—Campbell C'ounty. XXT HEREAS Rnssell Dailey, administrator \ T of James Dailey^ deceased, represents in his final return, duly "filed, that he has fully (two hundred and sixty-seven), in the sixth ! administered James Dailey’s estate: T WO months after date application wi. made to the Coart of Ordinary of county for leave to sell all the land in be of James Dailey^deceased, represents j ; n „ t h e estate of Thomas Milam,late ot ^ J. M. GENTRY, Adm r. (6th) district of Carroll county. -The land is of good quality but unimproved. Terms Ode-fourth cash, and remainder on a credit of one and two years. Titles to be made after the last payment. YOUNGJ December 21-tds. WALTON H. SMITH, j - LONG, f Exec’rs. This is therefore to cite all persons concern ed to show cause, if any they can, why said administrator should not be discharged and receive letters of dismission on the first Mon- [ day in December next. i Given under my hand and official signature, i this June 18th, 1867. • June 29-6m. R. 0. BEAYERS. Ord.' county, deceased. October 19-2m. Everybody take Kotice!! Marble Head Stones furnished for SoM* rs Graves—size, 2 feet by 10 inches, with ticn—in any quantity, at $3.50, by S. B. OAT Ag’t of WM. GRAY, Atlanta, &*•