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■ ■p npraiHMi The Greorgia eekly Telegraph and Journal «fc IVTessenger, Telegraph and Messenger. MACON, DECJEMBEB 21, 1869. Decisions of the Supreme Court of I from paying over to the plaintifl, ai)d pending the State ot' Georgia. the injunction he voluntarily loaned ont the Delivered at Atlanta, Tuesday, December 1-i. money and took a note therefor which was sub- (Reported expreselv for the Constitution, by N. quently paid in Confederate money which was J. Hammond, Supreme Court Reporter.] worthless: Held, that he was liable for the value James Stewart and Allen 8. Cutts vs. Benjo- of the State bank bills which he received for min Mordecai. From Sumter. Motion to re- the sale of the property, at the time he was re move case to United States Court. quired to pay over the same to the plaintiff.— (McCay, J., having been of Counsel below, | Held also, that when he was ruled for thejno- 1 did not preside in this case.) Brown, 0. J. . 1. M., a citizen of Sonth Carolina, com- I menced his action against C. and S., in the ney and stated in his answer, that the Bank bills received by him for the sale of the proper ty, had become of little or no value, that he conld not be made liable for the fall value of Courts of this State, on a note and a proceeding the bank bills upon this answer. If the answer to foreclose a mortgage on real estate of 8. I was not true that the bank bills which he re- Pending the actions, S. filed his bill against M. ceived wore of but little or no value, then, the and C., alleging that he was only a surety for I plaintiff had the right under the 3878 section of O. on the note, and gave the mortgage on his I the Code to traverse the same, and to prove the real estate to M. for the accommodation of G., | value thereof, either by the Sheriff himself, or The Coming Quarrel. ■ The Augusta Constitutionalist, in a brief ar ticle upon the East and the West, says: The Philadelphia North American and Ga zette and the Boston Journal have opened their batteries on Western Sectionalism. We learn from these authorities that the West is “fast becoming more tyrannical and exacting than the Sonth ever was or ever thought of being.”— Great troubles in the long run are predicted.— It is ascertained that the West is too voracious and too ungrateful. She thanks i rear esuue io ju. ior urn luxuiumouuuuxi oi \j., i uimoui, <uu»u „jr mo ““o— ”*• no favor and takes aU she can grsap aaaright and tbat 0 bad paid ala 0 amorm t of usurious other witnesses, but until this is done, the an- indisputable. The Gazette growls^over the» fact interegtto M > and alleged that 0. bad consented swer of the Sherifi is prima facia true, that the that the West- is a unit in Congress ya®* 1 to transfer to him his claim against M., and money which he received became worthless or spoils are on the carpet, while the East is dis- praj , ed to be snbro g ate d to the rights of O. and nearly so in his hands. To entitle the plaintiff traded by local jealousies. With an immeMe that the tenons interest paid by C. might be to judgment upon this answer he must contro- OTimace, we we told that the West gobbles up all crodited on the note held by jx. fij| d bis V ert it and show, that the bank bills were not ttie money, aU the land, all the offices, whale the petition and affidfwit) stating that he had reason worthless, and will be entitled to judgment for £af 4 h “ *° pay ne y rr»!i itto,’and did believe, that from prejudice or lo- the amount the same are shown to be worth at Mkof the revenue. The ^st is called n^m Hnfl ho won j d not able to obtain the time he was required to pay over the money. U> unite against thisnovelversion ofUie stove- jngti6e in tho state Courts. Held, that M. had Judgment reversed. driver’s J a ri bt to bave tte caS0 transferred to the F. H. West, 0. B. Wooten, Lochrane & Clark, retahate in kind and threaten ternble things Uni £ d Stalos Circnit Conrf> nndor the ac(tJ of {or plaintiff in error. This is a quarrel which, as the Telegbafh has Congress passed 27th July, 1866, and 2d March, Hawkins & Bnrke, B. F. Lyon, for defendants. often said, is bound to come, and perhaps it 1867. { will be as bitter and irreconcilable as the feud *• The bill having been filed by S. againstM., B. G. Fotefcam, plaintiff in error, vs. B. B. betwixt the North and the South was; and end, , w “ a el4 f zcn °, f a S44t6 ? the * 411411 0141 “» defend4Dt - Q* 0 warranto from Pu- . , ~~ " , ,. ’ .. which tho suit was brought, for the purpose of laski. liko that, in ih6 substantial political extinction 1 *‘restraining or enjoining him.” 3L, on mak- I Warner, J.-—This was a writ of quo warranto of the weaker party, unless, meantime, tho ing the affidavit and giving tho bond required, filed in behalf of the State of Georgia on the re- country has the good sense to discover that the wa* entitled to tho transfer; as a final deter- lation of Fulgham against Johnson, for tho pur- only ground of a common safety and peace lies minatl '°. n of controversy so far as it con- pose of inquiring by what authority the defend- y “ . cemshim, can be had in the United States ant, Johnson, assumed to exercise and perform in a return to the Constitutional dootrine of I Courts, without tho presence of 0., the other I the office and duties of Tax Collector of the 'State sovereignty and independence, and con-1 defendant. county of Pulaski: On the hearing of the case, Bents that all sectional aggressions shall be] 8 - The affidavit filed in such case, cannot, ] the Court decided, that Fulgham was the legally estoppedb,theeofoteetnentot tio plait,doo. ^“ «“ trines and principles of a system of confederate k Judgment affirmed. | ouster against said Johnson, ousting him from ed and independent States, as ordained and Hawkins & Bnrke. Lyon, DeGraffonreid & said office, and the exorcises and enjoyment of Irwin, for plaintiffs in error. I the privileges, duties and emoluments of the Nesbit A Jaekauu, for defendant. same, and that the Clerk of the Court should transmit a certified judgment of the Gourt in D. P. GibsoD, plaintiff in error, vs. C. 0. that case to the Governor of the State for his Motion for a new trial, action. After the rendition of the judgment of I ouster against Johnson, an application was m ado Brown, C. J.—1. A new trial will not be to the Court for a rule calling npon Johnson to ma niivo i g ran { ed on dCCO unt of newly discovered evi-1 to show cause why an attachment should not be nothing to do, except to use her own political I dence, when tho gronnd is, that the party did j issued against him for continnihg to perform influence in the interests of self-defence, and, not know that his wife, the witness, was com-1 and exercise tho office and duties of Tax Collect- if possible, for the re-establishment of the oon- P etent 4111 after tbo trial, and does not state or in said county, which application was refused. . . , , . - what he expects to prove by her. j Held, that tho issuing of a writ of quo warranto stitutiOnal guarantees nd ba ances of the sys- g. The party moved for a new trial on the is not a proceeding on the equity side of the tern. As the - contest embitters, our section will I ground that ho did not know at the trial that a | Court; and that inasmuch as the judgment in gradnally escape the oppressions and insnlts person was on the jury who was the relative of this case, so far as the some related to the de- I ^ ^ which have been heaped upon ns by both of the | 4 person interested in the question, not a party | fendant, only ousted him from the office of Tax ’ tween tho parties as would be the proper^ BUb- bellinerenfs Thev will cease iheir Dersecution £ ^ reCor ^ w? a PP llcation not state Collector without more; the legal effect of such jeet of equitable interference as the insolvency established by the Constitution. The probabil-I ity of so happya consummation seems just now | to be very remote. ■With the rise and progress of this second I Williams, defendant, grand sectional struggle for predominance in from Lowndes, the American system, the Sonth should have 1 issues, which were, or by the rules of law, must have been heard by the Coart rendering the judgment, but cross actions, equitable defences, and rights which have accrued since the judg ment do not come within this rule, and it is competent for the Legislature to authorize such defences to be taken advantage of by a motion in the nature of a bill in equity, to open the judgment, and adjust the rights of the parties according to such equities. Whero the defendant in a judgment at law filed his affidavit under the act of 1868, for the relief of debtors, etc., in the precise words re quired by the Btatule, and the sheriff returned the papers into court as therein required, it was error in tbs Court to dismiss the affidavit with out giving the defendant an opportunity to set np such cross actions, equitable defences, and rights accruing to him subsequent to the judg ment, as under said act are allowed to be set up in a motion to open the judgment. The 2d, and 7th sections of the act of the General Assembly of this State, passed in 1868, for the relief of debtors and to authorize tho adjnstnents of debts on principles of eqnity so far as it permits the defendant inn judgment to open the same by motion and set up defences thereto which were, or by the law at the date of the judgment must have been in issue before the Covt rendering the judgment are in viola tion of art. 9th, see. Cth, and of art. 1st, sec. 21st, of the Constitution of this State, but so far as sail act permits judgments to be opened by motion so as to let in defences arising since tho date of the same, or cross actions and de fences purely equitable, though existing at the said acb is not unconstitutional, but is within the powew granted to the Legislature by the Constitution. White vt. Herndon, White vs. Bucker. Brows, C. J., concurring.—In my opinion the judgmert of the Court in both the causes, whioh were argaed together, was erroneous. I hold, 1. Thtfi when a party is sued in a court of law, he ii bound to make any legal defense which .he has against the claim of the plaintiff, and if he is not prevented by fraud, accident, or the act of the adverse pn'rty unmixed with neg ligence on his part, and fails to make his de fense, the judgment whether erroneous or not if not excepted to within the time allowed by law, is conclusive against him, and the Legisla ture has no power to open it to let in any legal defense which existed at the time of the trial 2. A defendant sued at law is not bound, how ever, to set up a defense “purely equitable, and a Court of Chancery may grant an injunction in such case, before or after judgment; and I take it to be a correct principle that the Legislature may authorize any relief in a court of law, which can be bad in chancery, without such leg islation. But it must be such an equity be-- belligerents. They will ceaso their persecution, i g bo d e gx eQ 0 f relationship, nor did it state that I judgment was to render null “and void ail his abuse and malediction and begin to court the I it was unknown to his counsel at the trial. Held, I pretended official acts as such Tax Collector, ' alliance and support of tho South as against the that tho motion was properly over-ruled by the ajter the rendition of such judgment; and thus other party. Court. deprived him of all official authority as such Tax rrrt n Rf . _ . ■ . 3. The proof of the single fact that a defend- Collector, to interfere in any way with the legal The Northern Atlantic States will forget to an t, i os t property during the war, is not suffi- rights of the citizens of that county in that ca- call ns rebels and discourse sweetly upon old I cient to authorize the jury to reduce the amount pacity. The legal presumption is, that when the revolutionary reminiscences—bow wo all stood j t* 10 plaintiff's debt. j Governor is officially informed of the judgment shoulder to shoulder and established Continen- J^gment affirmed of the Court rendered in this case, that ho will Hater A; Hammond, for plaintiff in error. issuo a commission to the party who, under the , , , . ... i Peeples <fc Dasher. Stansel & Stansel, by the | law, as declared by the judgment of the compe- sonl. Ana are we now going to forget all these Reporter, for defendant tent tribunal, is entitled to it The judgment of patriotic memories and turn our sisters of the —7- the Court below is, that Fulgham is entitled to dear old thirteen over to tho tender mercies of | Bill, Plaintiff in error, vs. Wm O. I the office under the laws of the State, and that It.- /.roclona who inmi 1 on all power, all money, all legislation for their I ruptcy. own interests—who are dead to the demands of Brown, 0. J.—1. The Judge of tho Superior I Pate, Byan & Watson, by Lanier & Anderson commerce, manufacturing, fishing, and want to 4 -' 01lr *' ^ as , no P°y or to rule, in vacation, to com-1 for defendant. move the capital and everything else beyond sheriff & of'fstato 1 conr^roperty ofTbankrapt! | Thomas W. Johnson, plaintiff in error, vs. tne Mississippi. which was _in tho possession of the bankrupt Thomas J. Stewart, goardian, defendant. Bill Then, on the other hand, our Western sisters when the assignee took control of it, but which, I for injunction and recovery—from Lee. will approach these “derned infernal old arislo- 1 1418 cla ' med > ^ a ^ been levied upon by the Sher- Warner, J. When an injunction was granted cratic rebel States of the Sonth” in a spirit dif- l?’,v y £ r4ne n a jj' fit f f° m . a judgment upon the ex parte application of the complain- r cu * ., fi, I °} “J® State Conrt older than the judgment in I ant in tho bill, which ex parte order so granted fenng from that of Sherman s raid. They will the Bankrupt Conrt by which tho defendant in by the Judge in vacation was excepted to by want to know if we are not going to stand up for the fi. fa. was declared a bankrupt. the defondant, and brought up to tiiis Court thoso who furnish ns with bread, meat and “• Bnder such a state of facts the Sheriff’s without having made any motion before the mules, and if we are not tired of thoso 0 i d remed y.™s by action of trover, or by a proper Jud^e to revoke or dissolve the injunction, as , „ , „ . ,proceeding m the Bankrupt Court which has jn- provided in the 3151st section of the Code: Eastern money cusses who have coined the nsdicbon over the assignee. I Held, that the granting of tho ex parte order for nation’s blood into drachmas," and want two Judgment reversed. the injunction was not such a judgment, deci- bnndred per cent tariff bounty on everything . J?i nes & Hobbs. Lochrane & Clark, for plain- sion or decree of the Judge heard at Chambers tiff in error. _ I as entitles the defendant to except the same and Vason & Davis for defendant | bring it before this Court by writ of error, or under the 4192d section of tho Code. Let the i „ . . I William Mitchell, plaintiff in error, vs. Ben- writ of error be dismissed as being prematurely then refused to accept a surrender upon any I jamin Mitchell and Benjamin Willis, defend- brought y 4or “? 411411 P attin g *be “gger s heel on ants in error. From Worth county. Motion to F. H. West, G. W. Warwick, for plaintiff in every Southern neck. dissolve an injunction. error. We see now, just as clearly how they are go- Brown, C. J.—1. This Conrt will not control Hawkins & Burke for defendant ing to score each other as if we had it down in the discretion of the Conrt below, in refusingto tbgcftwu aay to our peo- grant a continuance of a motion to dissolve an I A. P. Burke, ot ah, plaintiff in error, vs. h!°oS! a *; n -^ 6 q ’ political deal injunction, on tho ground that complainant is Robert P. Anderson—Equity from Pulafcki h - a , EdS f?, n ? r 111 b ? d b° aIt b aad miable to get up affidavits to McCay, J.-In the exercise of its jurisdiction Uian an_ body is looking for, •ad if we fail in sustain it when the case has been twice contin- | to correct mistakes, equity will grant relief be- wt?i° UrBelves J , I i stlce 14 a®. becanso ned for tb0 same cause. ~ tween the original parties^ and their privies in statesmanship 2. A copy of a verdict in an eqnity cause, estate or in law, except as against bona fide to compreheiidand avail ourselves of the sffua- I unaccompanied by the bill, answer and other purchasers without notice, and a judgment „ Th ® ° f 016 4111168 for *23 e 9 mB P arts of tb® record, is not evidence. creditor does not for this purpose occupy the to be an obstinate idea among onr politicians | 3. When the grantees are volunteers tho do- | position of such a purchaser. Sections 1047 and 1948 of our Code regula ting the rights of liens existing by operation of it,-. , . . . •. « .... _ — j —i — *w**w*, m wrvwi dearly I law against unrecorded or defectively recorded that we ought to repudiate in political manage- show that he acted under a mistake as to the | mortgages, does not change the rule in eanitv ment every principle which we acknowledge I line of the lot, and that he did not believe the as to the mistakes in the instrument itself, should control action upon all other subjects I lot which he conveyed included his dwelling ] Such mistakes are still reliovable except ns , * jyy.i”,TP 8 * j bnt - l4 . 13 P° ssibIe ' we bouse and the cleared lands adjoining it, and against bona fide purchasers without notice, may get nd of that idea by and by. | did not intend to convey the dwelling house and | The judgment of a Chancellor below refusinc ' cleared lands. But his own testimony as to bis to dissolve an injunction will not be disturbed ueiunguistyesupen. .- intention and mistake should not bo held suffi- by tho Court, except in a clear case of manifest We copy the following notes upon the po- I cient without corroborating circumstances. In I injustice, liticnl situation from the Atlanta Constitution | sucl1 case rel ' e ^ bo granted when the evi-1 Judgment affirmed. of fee 15th. ’ denca *■ satisfactory that the grantor acted un- Hansel & Hansel, S. Hall, C. O. Kibbe for w .. I dor a mistake, though the grantee was not cogni- I plaintiff in error. from zant ° f ^ e - mlstake at 1110 tim0 the convey- Lanier & Anderson, Pate & Byan for defend- from leading Georgians. They state that our ance. And tho injunction should have been * friends are yrorJcng zealously to get Congres- enforced till the trial. aside judgment. From Mitchell. they sell. They will remind ns it was those old I Eastern hawks who set on foot the abolition | crusade—goaded tho South into secession and | The crisis is serious. Bullock is plyinyevery I error, means to get control of us, and for base uses. Strozier & Smith, Lochrane & Clark for de- He is spending money lavishly—money that ho fendants. took with him, and Foster Blodgett, State Boad Treasurer, is with him, helping him spend and I George F. Robinson, plaintiff in error vs. J. jnggle. B. Boss & Son, defendants in error. Motion to One party writes us that unless Georgia re- dissolve Injunction and remove recoiver—from seats the negroes, Congress will do it: with | Lee. this difference, that in the latter case test oaths 1 McCay, J.—Section 3210 of the Revised Code providing for an attachment against an adminis trator, who is actnnlly removing or abont to re move the property of the deceased out of any county, does not authorize an attachment on the ground the exeentor or administrator is himself actually removing. The affidavit must allege tins difference, that m the tatter case test oaths Warner, J.-When a landlord and tenant en- that he is actually removing the nronortv or is SP. g ° f4rl4erad into 4 agreement for the lease of abont to remove it 6 ******’ 0r 13 and say, that while the Fifteenth Amendment a plantation, in the county of Lee, for the term Strozier & Smith, by Lochrane & Clark for is in danger Georgia will never get into the of three yearn, from the first of January, 1868, plaintiff to ^rron 7 * f ° r Union, whether she reseats the negro or not npon the terms andstipulntions contained there- Hines & Hobbs, Vason & Davis for defend It is with deep pam that we allude to one to, as to what each of the contracting parties ant. ’ grave suspicion. There is a party blatantly was to do and perform in the premises, and in & S£*g arsaywg I - m >«»■ j justsnb- . .“Funding Act” , .. £ - J tenant, on I by the Confederate Congress, a Sheriff receiv- Rrtmothmn y. j « ... j or about the ~od of August, 1869, just abont the ( ed in payment of an excation which had been Something ought to be done. Some with time the orop on the plantation was maturing four or five years to his hands Confederate WS sWfid wll0 ,ri 7r res P ect > 4blnk notified the landlord in writing, that he should J money and a check npon the Eastern Bank of ’ Coa % e8S L do ber <»n«ider and treat the agreement for the lease Alabama, and within a few d«S the Shwiff 3tilfnniwir 8 Ii8t ^ ? f tbe plantation utterly void, on account of the took the money and check to the plaintiff’s at- r,Lv myrmidoms for masters, landlord s repeated violation of it. Whereupon tomey who received and receipted for the same np ° n landlord filed a bill against the tenant, alleg- as so much Confederate mouey. but resell “g 7iW 5 e P ea4e d violations of tho agreement, the right to contest the validity of the paying, for it but the plethono and performances thereof, on his part, the in-1 adding, as a “note bena" to hisrocetot that he Ld ignoran<M^taxtog we"^Tudlntefiteeni h - e 46114114 4nd 4110 danger of loss to should contend it was a payment of only one- e^eral toi^toeM 8 DMfitiMion d ’ 4116 lau p or f d. consequence of tho bad man- third of the nominal amount. Held, that it was The^Xw^York^ WorFd a^d ofh^r Vort»,em « | agement; of the tenant—praying for an to- not error in the Court to refuse to open the oem^re^ makinu a caUanf SS, f “JS* - J7 ctl ° n » 4nd tb ® appointment of a receiver to judgment for more than one-third of the^ amount Eonisville Courier-Journal T ^ 0 . cb4r § 0 of 4lie plantation, stock and crop due upon the judgment at the time of the judg- | hao4lng daily its I growmg thereon, etc., until the farther order of Iment J g mayed or apathetic Let us shower th ® CoQIt -. Tbe Conr4 granted the injunction, Where on a motion, there are several issues cress and the Northern nennl“f ^ a PP, oia4ed a receiver as prayed for to com- of fact involved and the parties agree to submit peacefulness onr davof?nn P te ° f P la ]? an J 8 bdl > an d upon a motion being made the whole matter, both of law and fact, to the ns make the iniauitv of to d 1 ? 80 ^® the injunction and revoke the order, Judge, who under the agreement enters upon ence as hideous^ nossihln “ 4eri £ x " ap^ntin^ a receiver on the coming to of the the investigation and hears the evidence the ter of our own inte^fit bG r !, he b “! n 8 8 bt - defendant r answer, the Conrt overruled the parties have to produce. Held, that it is error . OI aar °^ m mtegnty. Let us ventilate the I same. Held, that nmn *>in ot«t. n f 1 in ♦»,. miserable character of tl ment of Bullock. Let r \ . i ,- tiv u he h* 8 I dissolve the injunction, and revolting the“rder I forcement of a judgment obtained before the raoMc nnHn ur Lei the press appointing the receiver to take charge of, and adoption of the Constitution of 1868, on the 1 ^ f 16480114,13 avoiding secure the crop thereon, and other property for ground that the consideration or cause of action r , ... T ... , the present year; but if, to the discretion of I on which the judgment was founded, was slaves ^,° f ^theLegistature who occu- the Court below, it should bo neoessary to keep or the hire thereafTand the only proof submit r68 18^ 4o . d I 8emb "-| tb 0 property and potation to the hands of the | ted was the record of the suit; which resumed to the judgment, and said record failed to show affimatively that the consideration of the debt was slaves or the hire thereof. Held, that the * j ^ , construction of tbe record was matter of law The idea of the members resigntogliaVbeon I I&*£.?*&*** 4h . 6 .. rec P rd d^ 64 show he insolvency of the plaintiff, the fact that he is beyond the jurisdiction of the court, or some other equitable defense or claim. In such case, I see no good reason why the Legislature may not authorize the equitable claim of the defendant, to be set off against the judgment of the plaintiff, or why it may not authorize the judgment to be opened for that purpose. This view of the power of a Conrt of Chance ry to set aside or enjoin a judgment, is sustained by numerous authorities. I quote a single ono from the opinion of Judge Lumpkin to Pollock vs. Gilbert, 1C Ga., on page 403, as follows: “But when a case involves matter exclusively within the jurisdiction of equity, its final deci sion at law will not preclude a re-examination in chancery. Under such circumstances, the doctrine res adjudicata does not apply. For as the matter in whioh the intervention of eqnity is asked could not have been determined at law, it cannot be within the stoppal of the legal de cision. “The existence of an equitable defence which could not have been made available as a legal defence, is therefore a sufficient ground for ob taining an injunction before or after judgment. 2 White & Tudor’s, leading equity cases, 96.” And after reciting the cases of Foster, vs. Wood, 6 Johns ch. R. 89, and the Marine Insu rance Co., of Alexandria vs. Hodgson, 7Cranch, 332, and Truly vs. Wanger 5 How 141, these annotators continue. It is well settled to accordance with the rule laid down in these cases, that eqnity will inter fere bj injunction either before or after judg ment, whenever the case is shown to involve matters purely of eqnitable cognizance, and es sential to its proper determination, (Ibid, 97.) Upun a proper case being made, a court of equity will interfere to arrest the proceedings atlaw at any stage of it Thus, an injunction is sometimes granted to stay trial; sometimes after judgment to stay execution; sometimes after execution to stay the money to the hands of the sheriff, if it be a case oi fieri facias, or to stay the delivery of possession, if it ba a writ of posession. (2 Wood’s Lectures, 56 pp 406, 407, 412, 416. 1 Mad. Ch. Pr.109,110; Eden on Injunctions, ch 12, p 44. This h so complete an epitome of the whole doctrine npon this subject, as deducible from the opinions of Chancellor Kent to the case in 6th Johnson, and of Chief Justice Marshall in 7th Crnhth, and of Mr. Justice Greer to 5th Howard, as well as the general current of au thorities/ that we consider it useless to extend the discission. Agaii, on page 405, Judge Lumpkin says: “Thogeneral principle with regard to injunc tion, if ter a judgment at law, is this: that any fact wiich proves it to be against conscience to exeenfe such judgment, and of which the party conld aot have availed himself in a conrt of law or of which he might have availed himself at law, Nit was prevented by fraud or accident, an. mixedwith any fraud or negligence to himself or his agents, will authorize a court of equity to intorftre by injunction to restrain the adverse party from availing himself of said judgment.” Frora these authorities, it appears that there is a clais of cases where a Court of Eqnity may at any jtago of the proceedings interfere by in junction and arrest the proceedings at law, even after iudgment. And I am well satisfied that the legislature has power to authorize any such deferso as might be made available to equity, to bo tnado to tho manner pointed out by tho relief pet, in a court of law after a judgment has been tendered. Butl am not prepared to go beyond this, and hold tbatthe Legislature has power to authorize judgments indiscriminately to be opened for cause! of legal defense which existed, and which it was the duty of the defendant to have set up boforathe rendition of the judgment It dbes not appear from this record whether the defendant in this case had any such defense to tht judgments, which he sought to have openei in tho Court below. But having filed his afldavit to compliance with the statute, it was the duty of the Court at the first term, to have permitted him, by proper pleadings, to set up such cause against the judgments if it existed; and I think the Conrt erred in dismissing the affidavits without allowing him that opportunity. I will amply add that a judgment may, to my opinion, be opened, under the authority of an act of the Legislature to let in an equitable de fense which originated since its rendition, if the ends of justice require it, and it would be against equity and good conscience for the plaintiff to enforce the judgment. ■garner, J., dissenting. I am of the opinion that the judgment of the Conrt below in refus ing the motion to allow the judgment to be sub mitted to a jury for ihe purpose of being opened and the amount thereof reduced by their ver dict should be affirmed. The second section of the Relief Act of 1864, which provides for the opening of judgments rendering by the Courts on contracts made prior to the first day of Jane,. 1865, for the causes therein stated, is, in my judgment, nnconstitntional and void. It is not only a violation of the 10th section if the first articlo of the Constitution of the United States, but also of the State Constitution of 1864. H. A. Boebnck, Jas. D. Matthews, for plain tiffs to error. E. P. Edwards, Hester & Lumpkin and Toombs, for defendants to error. __ . —— | “* -<•» uio complainants should be i was slaves or me mre men whtebhT^tlf ^w£, d ° Ze ? o41ler vacancies required to furnish all the necessary means qnd construction of the record was matter of fiTw 88 PP b <* ^ 0 Reiver to make a crop, and car- for the Court, and as the record ffid not show much talkedTfl^fhA v,^ 8 ? 8 h M " 17 oatfi® P ! antetion for the ensuing year, as is that the consideration of the debt on which the ^ » f ‘ a 14 “J 116 V1QW , of . a® 1 ? 0 the specified in the written agreement for the lease judgment was founded was slaves or the hire These resia^^rXnw f^ the 8tat6 - 0 f the premises for the Mutual benefit of the thereof, it was ertor to toe <Sto ffirecS BuU^ “P?® parties interested, as stipulated to the agree- iasue to be made and tried by a jury of toe mat- .fLT.v , 4he h®* 3 of 4116 roent » flnd > in th0 event tho complainants shaU * isftuUiet^nwlft ° f ^ °° Urt ' 14 4ail or refnf,e 40 4hen 4hat tho ord ^ appoint- 18 iITa 09 r ii 1 r gally 8 °' - , mg a receiver, should be revoked and set aside. If, then, Bullock refuses to. order elections Judgment affirmed. / the responsibility is upon him. Let it be known. | Wright & Warren, F. H. West for in error. It will pnt him in his true light of a disorgan- l*er and revolutionist This is no time for mincing. The crisis is SSStio^y™ ^ Pr ° mPtly ’ Iightly ’ legaUy ’ Drawing the line between slavish and unlaw- complainants shall | ter to dispute. Vason k Davis, R. F. Lyon, for plaintiff in error. Thoe. L. Dunn, S. D. Irwin, 0. B. Wooten, W. A. Hawkins, for defendants. W. A. Hawkins, Nisbet & Jackson for defend ants. S. Lindsey, Sheriff, Plaintiff in error vs. B. F. Cock, et al. ful concessions of undoubted'principles a^ I ^e^’ “* 88811184 Sh8nff ' Ff ° m P° a<7 ' lot c « yifdd Mc.Eny, J. having been of Coumel below did ZfS5£ d “ B I ’ , “- p “ ld ‘ in a “ It is worth while to escape the unrestricted tyranny and pecuniary ruin of Bullock's rule. A»t ns make a manly, judicious effort. Thomas C. White and J. S. White vs. W. M. Haslett and Elbert Ruckers, executors, etc. Motion to open judgment, from Elbert Thomas O. White vs. Dillard Herndon. Mo tion to open judgment, from Elbert McCay, J.—A judgment inter partes is con clusive, as to rJl matters which were before or t -tuv. x . i hi,* 0 kws governing, the Court rendering toe warrer, J.—When a Sheriff had received judgment must have to issue before it and it is money in current State Bank bills before the not within the power of the General Assembly war, in payment of the sale of property sold by under toe Constitution, to authorize the open- WIS as Sheriff, which money be was enjoined l tog of judgments so aa to allow axehearing of Wm. Bunshart, plaintiff to error, vs. Jesse E. Hain, defendant in error. Buie to foreclose mortgage from Bryan. Warner, J.—When a motion was made in the Conrt below to open a judgment, on toe ground that toe defendant therein had tendered to too plaintiff $1,200 00 to Confederate money during the second year of toe war, and claimed the ben efit of the Belief Act generally, which motion was allowed by the Court. Held, that toe defendant to the judgment did not show any equitable ground of defense which authorized him to have toe judgment opened and created, and that toe judgment of toe Courtbelowshould be reversed. I concur in toe judgment of reversal to this case, on toe ground, that the second section of toe Belief Aot of 1864, which provides for the opening and scaling judgments rendered prior to Jane, 1865, not only violates the Constitution of the United States, but is also in violation of the Constitution of this State. Judgment re versed. Fleming k Lester, for plaintiff to error. . J. W. Tanner, W. B. Gaulden, for defendant. George T. Connell, plaintiff to error, vs. ISfejgV'i.'.*££; - -'jd Y-Y Thomas Vaughn, defendant Belief from Carroll. Warner, J.—When a motion was made in the Court below, to open a judgment obtained prior to the first day of June, 1865, for the purpose of having the Bame scaled as provided by toe 2d section of the Belief Act of 1868, upon the ground that toe defendant to the judgment had lost a large amount of property by the results of the war, without any fault of the plaintiff, so far as toe record shows, whioh motion was over ruled by the Court: Held, that the defendant to the judgment did not make out such a case as entitled him to any eqnitable relief under the provisions of the Act of 1868, and that toe judgment of the’conrt be low should be affirmed. I concur to affirming toe judoment of the court below to this' case, on the ground that the 2d section of the Act of 1868 is unconstitutional and void, the same being in conflict with the Constitution of this State and 6f the United States. Judgment affirmed. Austin & Beese, by L. J. Glenn, for plaintiff to error. B. Oliver, for defendant. John MoK. Gunn, plaintiff to error vs. David H. Isaacs, defendant. Motion to set aside judg ment from Bandolph. Warner, J.—Where a motion was. made to open a judgment to order to scale thq same un der the 2d seotion of the Belief Act of 18G8, and on the trial of said motion in the Conrt below, it appeared in evidence that toe defendant in the judgment had lost a large amount of pro perty, whioh he owned at the time the debt was contracted, for which the judgment was render ed by toe results of ihe war, without any fault of the plaintiff; and the jury returned a verdict for twenty-five dollars, in favor of the plaintiff when the principal and interest due on the judg ment, was one hundred and eighteen dollars. Held; Tbatthe defendant in tho judgment did not, by his evidence, make out such a case, as entitled him to any equitable relief under the provisions of toe aot of 1868, and that the judg ment of the Court below should be reversed. I concur to reversing the judgment of tho Court belowto this case, on the ground that the second section of the relief act of 18G8, which authorizes toe opening and sealing judgments, rendered prior to the passage of that act, is unconstitu tional and void. Judgment reversed. Brown, C. J., concurring.—I concur in the judgment of reversal, on the ground that the jury were not authorized to reduce the amount of the judgment on account of the loss of pro perty bj the defendant, as it was not shown by him that the loss was caused by toe wrongful act of the_ plaintiff, which was necessary to raise such equity between the parties, as toe Court and jury had a right to administer. Hood & Kiddoo, for plaintiff to error. Fielder & Jones, for defendant in error. Monument at Mercer University, At a recent meeting of the Memorial Associa tion of Mercer University, Mr. John T. Prior, who had been appointed to prepare an article for publication, reported toe following, which was adopted and ordered to be published: “A few months ago, the young men of Mer cer University, animated by a true'patriotism and a love of the noble heroes who were once students of onr Alma Mater, and who were ruth lessly consigned to soldiers’ graves by the de mon war, organized a Memorial Association, for the purpose of erecting a Monument, sacred totlieirmcmory. The organization is still inexis tence; and the students manifest as deep an inter- estin the matternow as ever. It is, however, imi possible to procure enough money to erect a de cent monument among toe stndents themselves; and hence we have called upon tho Alumni Association to assist ns in the undertaking. The joint effortsof the two Associations can ultimate ly secure the erection of toe monument But, two years or more may elapse before the object is accomplished. Already, more than for years has passed, and the yonng heroes of the Insti tution are unhonored by a public monument— We will be excused for some degree of impati ence at the tardiness of this publio recognition, on onr part, and on the part of their surviving friends. We, therefore, desire to make an earnest effort to erect a monument within too next twelve months. But, to addition to the Alumni and the present students of Mercer, there are many who feel a warm interest toihe memory of thoso students who fell to the cause of the South, and who would hail the opportu nity of contributing to warsd a monument to their memory. We shall cordially welcome their co operation in this holy work. We, therefore, make this public appeal to all friends of toe Institution, and to all who favor these public testimonials to the memory of stu dents who abandoned their classic halls, and the opportunities of cultivating their minds, fortoe rude scenes of war, and who finally yielded up their lives to the defense of acanse, now lost, but whoso memory will long be green to toe hearts of all Southerners. Will not many Georgians take a mournful pride to contributing a small testimonial to the heroism and the unselfish pa triotism of those noble young men? The la dies may get up tableaux and concerts to aid toe object. The immediate friends of tho de ceased^ may take up collections to the commu nities in which they reside. Every Alumnus is a regular agent to receive funds which may be handed him. And, finally, every well-wisher of the good cause may send such a sum as he de sires to give, to Prof. ,S. P. Safldford, Penfield, Ga., who id the Treasurer of tho Asseciation. Prompt action by all friendly to the cause will ensure toe speedy erection of an appropriate monument Tho question of the removal of toe college need not embarrass, for tbe monument will be inseparably-connected with Mercer Uni versity as one of its most cherished treasures, and it will remain here, or be removed with it, according to tho decision of too question of re moval by the denomination.” J. L. D. Hilltee, Chairman. War. W. Lasdbvsr, Secretary. The Expenses of tho Government Estimates for the Next Fiscal Year. Secretary Boutwell has just prepared his es timates for appropriations to meet all expenses of too Government for the fiscal year ending June 30,1871, which are as follows: Legislative Department, §5,540,9G4 23; Executive Proper, $50,440; Department of State, $1,306,713; Treasury Department, $165,416,701; Interior Department, $39,993,829 51; War Department, $50,575,591 30; Navy Department, $28,441,- 761 37; Agricultural Department, $252,070; Post Office Department, $39,134,764 21; Judi cial Department, $37,900. Grand totaL $331.- 097,825 62. * The appropriations last year were $281,415,- 288 61, being $49,682,537 loss than the estimates for the ensuing year. The estimates for tha civil service are^ $25,- 731,685 40, being an excess over too appropria tion of last year of $1,759,331 60. The esti mates for the military service are $33,845,747 75, being an excess over the appropriation of last year of $1,131,258 87. The estimates for the naval service are $24,- 598,277 37, being an excess over the appropria tion of las tyear of $9,272,331 37. The estimates for Indian affairs are $5,048,344 51, being an excess over the appropriation of last year of $2,- 145,354 58. The estimates for pensions are $30,- 490,000, being an excess over the appropriation of last year of $11,240,000. The estimates for public works are $24,625,17355, being an excess over the appropriation of last year of $19,132,- 173 55. The estimates fer miscellaneous ex penditures are $5j531,267 82, being an ecxess over the appropriation of last year of $1,790,- 676 83. The estimates for postal service are $38,008,224 21, being an excess over the appro priation of last year of. $7,729,071 21. The es timates for permanent appropriations are $143,- 219,115, being $4,523,361 less than the appro priation of last year, A New York letter of.Snnday says: Father Hyaointhe is fond of making sudden move ments. He loft for France to-day abont as un expectedly as he left Fraaoe for this country, with the assuranoe, however, that he will again visit toe United States to fulfil the engagement whioh he had partially made to lecture in the principal cities. The vessel in which he has taken passage is the Pereire. Only three friends accompanied him from his hotel to toe vessel, and of these two were members of the French Benevolent Society. Concerning his future career he had but little to say on parting, except that it wonld be governed by events and by the decisions of the great council to Borne. A girl ont West, having professed religion, was so extremely happy that she was afterward heard singing at the top of her voice that old hymn, “The love of God is coming down,” eto. Nothing stops her from singing this song. One day old Jowler, toe house deg, came to while she was singing and helped himself to a piece of meat that was on the table. Folly, observ ing the movement of Jowler, continuing her fa vorite song, said: “If you don’t go out ni knock yon down. - Ralle Hallelujah, Ton nasty, s Unkin, lop-eared heunc, O, gloary Hallelujah! JBS' rrSJL,ECbJEl-A.FJET: seasons since the war, the I Of enpir —ill be ftu much larger than that of last T e a r Y ! -'^ ciency is universally ascribed to the of the labor and of thoronoi. ,. Ula 4equw FROM WASliratiTOJf. Waseimtox, December 16. — Revenue to-day $250,000. Four officers of toe coast survey will accompany tho surveying expedition to the Isthmus of Darien. Commander.Morris has been ordered to the Pen sacola Navy Yard. Impeachment Ashley has been removed from the Montana Governorship. Gem Potts, of Ohio, suc ceeds him. Hoar will not resign the Attorneyship until con firmed. Wm. Jennings has been nominated Assessor for the Fourth Georgia District. Customs for tho week ending, llth, $2,191,000. There is no negro elected to Congress from Vir» ginia. - CONGRESSIONAL. Wasbxkgtox, December 16.—House—Proceedings unimportant. The committees have reported nothing. A hill was introduced to repeal the ten per cent, tax on the circulation of State banks. The census bill passed. Dox was added to tb9 Election Committee. The President deems tho information called for regarding Spain unadvisable. Tho House went into Committee on the Presi dent’s message. Hungen read an argument favoring the repudia tion of the national debt. At its conclusion, Brooks, Randall, Slocum, and Cox, of Kentucky; and Wood ward, repudiated Mnngen’s views. The following passed: Resolved, That the proposition, direct or indirect, to repudiate the debt, is unworthy the honor and good name of the nation, and this Honse, without distinction of party, sets tho seal of indignation on such propositions. Adopted—yeas 123: nays 1. Adjourned to Monday. Skn’ate—In the Senate the Attorney General aBked for correspondence regarding Yerger. Tho Georgia bill is np. Thurman introduced a resolution requesting the Attorney General to inform toe Senate immediately, if any arrangements to which he, on tho part of toe United States, is a party, exists, where Yerger, now under arrest and held by the Military authorities of city, not accustomed to exagYrYoY^Y ^*! the United States, will be discharged or turned over his loss from this cause at thirty I to the civil authorities of Mississippi, or otherwise disposed of, to case Congress by legislation, should take away or restrict the j urisdiction of the Supreme Court, to hear and determine tho proceeding before said Conrt for tho discharge of Yerger on a writ of habeas corpus; and also, if any arrangement ex ists whereby the hearing of said proceeding, or of any application for-the issue of a writ of habeas cor pus therein has been delayed, or is now delayed, and that he furnish theSenatecopies of all arrange ments entered into between him, as Attorney Gen eral, and the counsel of Yerger, in relation to said case under tho release. Objections being made, toe resolution went over. A sharp contest occurred over Morton’s amend ment, that Georgia’s re-admission be preceded by the adoption of the Fourteenth and Fifteenth Amendments. Carpenter opposed. Thurman made a strong impression on the Sen ate to opposition. -• Senator Bayard spoke strongly in opposition. Trambnll’8 Judiciaty bill was postponed by a vote of 31 to 24. The Georgia bill comes np to-morrow as unfinish ed business. A Had Report from We copy toe following melanchol „ toe agricultural status in Loui 8 i s J>‘« New Orleans Times, of the 8th s ft5tD ^ _ Thx Great Lo68' from ODD Pn The sugar and cotton culture of ^ developed more strikiaglv th™ have been easily overcomeTy !• nr S( ^ on tion of labor. Since the war, has greatly needed the improved*?® 11 re 3(. ditches havebeenneglecte^dhtr^ m weeds. It is vain to attempt to lowlands productive if the ditcheY. det(i ** open and a complete drainage mil? Snt K experienced planters have found tY ' d ' 0» of success in sugar raising to *** 4 . g6 ‘ y ic \d A* 8 been uniformly iY ^ tion to the drainage. Hitherto,* P ^ ditches and making levees has belt Into laborers That class, howeverY^^ late to have abandoned the S(at« ’ groes are unwilling to perform th Y , ^ % they attempt it, it is always Yrf'Y 1 ** unsatisfactorily done. Without Sff&J* and leveemg the 8u RV culture in S cease to bo profitable. Besides the drainage work i v field is no longer done as in the old Y° r - ia ^ to be. The consequences are that sugar this year will not average a h»iA pe, d « to the acre of land which, fa with Irito labor to ditch and , slave labor to cultivate the fields, mni ^ average of two hogsheads to theatre ^ 181 So much for sugar. Now for cotton. We have the most authentio testimony for the 11111 one-fourth of the cottoif which lS?° n ^ the fields in this State, has been ® of hands to pick and save it which wiU be closed by Otafatawf tend through the month of January {TS to gather tt could be commanded" Tn ** the upper and most productive eott™»2? € toe fields are as white as ttSSjH'fei snowed upon, with the cotton that hasM the ground. One planter and a mercW„ J 8 lar % which * saved rf the negro women on his nwSl turned out to help to pick when the «£ J open. If the loss has been eorre.Yv 1 large in the other Southern States, the . gate of waste will amount to fifty’miliiJFlil dollars of lost or wasted value to the cm*! I and the world. FROM VIRGINIA. Chakdottesviixe, December 16 Dr. Oliver, an Englishman of prominence, was shot and killed at o’clock, this morning, by Mr. George O. Ayres, of Fauquier county, who charged him with having se duced his daughter while visiting his house some months ago. Ayres arrived in townyesterday after noon, but found Oliver out of town.. This morning he went to his house, and called him out of bed. Oliver advanced to shake hands, when Ayres com menced firing, pursuing him back into his bed room and killing him with three pistol shots. Mr. Ayres is a highly respectable planter of Fau quier county, and a prominent member of the Bap tist Church. Mr. Oliver was well known in Virginia as an agent of an English Immigration Company, and had brought a large number of Scotch immigrants to Virginia. Ho delivered a public address on the sub- joct of immigration at the late Agricultural Fair. He was last from' Birmingham, England—was aboutforty of years of age, and of fine personal g 1483 , to be humbugged by such lullabies srii appearance. An improved rifle, patented by him. j aovatlou ^; No > sir . ® au J ca P ltD, ‘‘ ;t ' T" foot fto tT ,- J • General Green, except, at least, upon the saw took the premram at the last Fair. j lation that we first Y allowed to undergo dJ Rich3io>’i>, December 16. Ja tbe firefc of tho Homestead's inuoculating process for shori saI. Taa : 1; __ n v - » W « ° 1 These two facta in regard to sugar and coth. I waste of one-third to the one product itSI one-fourth in the other, embody the BoriS and eloquent argument yet afforded of adequacy and nnreliableness of the preYil bor m the sugar and cotton growing re-ioa to I regard this as the test season. TneVcJI have received the very highest wagea SI contracts have been dictated by them nj planters have been at their mercy. The nesroal have been interested in the result. Theydwl had every right and freedom they claimed yet here are the results in the loss of so nwl millions to our people and to the world. | Will not such facta demonstrate to allseuiiil minds the necessity of a new and mnm »s t jJ class of laborers, and the folly of expecting al maintain an agriculture which is subjected tl such burdens, losses and dangers from the a I efficiency and rapid decline of the onlyiitel that can now be commanded? What has"oe®| red this season, generally so unfavorable to ra| products, will be repeated the next se«on, pc>-| haps aggravated by less favorable meteordcpJ cnl conditions, and with au augmented tendtajl to the decline and demoralization of on: hbt| Thus it will be an arithmetical calculetka dl easy solution when these two great staples vl| cease to be cultivated to this country, aid &| forty or fifty millions of inhabitants of bt| United States will be compelled to look to it I mote foreign countries for all the cotton sugar they may demand and consume, Crab Grass Ray. From Vie Monroe Advertiser.] To us who, nearly all our lives—in crop dal —have been engaged to killing anddestrorafl crab grass, the idea of a truce, looting to i| treaty of peace with our inveterate and iffl-l pressible crop enemy “ seems moMtroes;l strange.” That crab grass can be made tophi a valuable crop, and a series of them, moriH-l munerative than “com and cotton,” is a pnpl sition too absurd to be seriously entertained I We have toiled too long to keep out of til week, in Leo and Marion counties, on the border of Tennessee, Assistant Assessor Smith and an United States cavalryman named John Boyle were shot and badly wounded by bushwhackers, while searching for illicit whisky etills in the mountains. Supervi sor Preabey is making efforts to induce tho Govern ment to offer a reward for the arrest of tho parties who attempted the assassination. At Charlottesville, to-night, tho Coroner’s jury, the case of Anthony R. Oliver, who was killed this morning by Ayres, gave a verdict in accordance with tho facte. Ayres went to Savannah and gave himself up, where several prominent citizens, in- eluding two or three clergymen, visited him. The wife of Oliver was present when her husband was shot. GEORGIA BONDS. Atlanta, December 16.—The holders of Georgia State bonds, issued since toe war, express great anxiety and fear regarding the measures before Congress effecting the Georgia Reconstruction. Be sides the regular State bonds, a large amount have been issued granting State aid to railroads, all of which they feol would bo seriously and dangerously effected by too much Congressional interference. FAILURES In’neW YORK. New Yoke, December 16.—The following fail ures are announced: L. Eagerton, Carpets, half a million; Isaac Prayer, Dry Goods, liabilities large; George Wight, Park Hotel; James Beck, Skirts ; Boaworth, White & Belcher, MiUinory; Cowles & C&so, Cotton Yam; LeGrain^ Dry Goods; Rosen heim, Millinery; Baker & Montague, Feed; Jacob Ware, also Howard, Gale k Co., ot Baltimore, Dry Goods, liabilities seven hundred thousand. SOUTH CAROLINA LEGISLATURE. Columbia, S. O., Decomber 16.—A bill to pay to coin the interest of the State debt, $6,183,349, passed in the Legislature to-day, as also did the bill requiring insurance companies doing business in the State to deposit with the State $50,000 of its bonds. STEYENSON ELECTED. Louisville, December 16.—Stevenson has been elected, receiving 117 votes. FOREIGN NEWS. Pasts, December 16.—Figaro ssys Count Dorn demands, aa a preliminary to entering the Cabinet, that the Orleans princes be allowed to enter France. The Emperor replied that the Republic had exiled them, and concluded to see Nee again on this interesting subject. The Duchess of Genoa protests against the Duke receiving the Spanish throne. Loxnorr, December 16.—It is reported to-day that the Suez Canal is to be dosed for new excavations. Madrid, December 16.—All necessary measures have been taken for the proclamation of the King of Genoa, shortly after Christmas. Mr. Peabody’s will is not yet probated. The contents are substantially as follows: Of prop erty in England under £400,000 he gives £5000 to each of his executors ; £150,000 to the Lon don charity, payable to three years, and a few small charities to individuals. The balance is divided among his relatives. In America George Peabody Bussell and two other nephews are made residuary legatees, and are empowered to settle all of his property to America, which is estimated at between $750,000 and $1,000,000. The students and unmarried officitRb of Berlin are about to establish a sort of co-operative kitchen, where a good dinner and a mug of beer will cost only ten cents. The English have gotten another joke against toe Sues Gens? land drifts and vtog fogs this time. Two millions to Confederate securities brought $35 to New York, Wednesday. Kino of Chills is sure and certain. Dumb Ague—ns a Xing of Chill*. Children can use Xing of Chills. of-funds. But seriously: Occasionally late iu tie se*s when the grass, from age, has become ned worthless, we “pull” a little which suffers;:] ther injury from dew to curing, and the want i| proper and timely attention in stacking or iH mg. From these little experiments, if ice they may be called experiments, we hastily c< dude that in this, latitude hay-making ‘‘f pay." For several years I have been observing» operations of a farmer of small means—■* hailing from a grass cultivating locality— have really been astonished at the increa amount of excellent hay which he annnallja 8 from a very small plat of’ poor land Brtir* his ground thoroughly to early spring, end i the lapse of a few weeks giving it wd ploughing to destroy weeds, etc., nofnrtto»| tent ion is given it, except to keep off stock *■ til the grass is to full bloom. He thenna' his first cutting, and afterwards, whenaau: to tho same .stage of maturity, one or two i cuttings. Last spring I prepared one-fourth of of thin grey land for watermelons, but tier® being kept back, and many of them by inserts, my melons were bat few in nnd of inferior quality. After a rain is thick coat of grass sprung up. Not bctoS 8 . fied with toe small return I had received Ws labor in the preparation of the . collecting the success of my man of hay-sa propensity, I determined to let it “go 10 In consequence of the dry and extremal rr weather, it grew slowly, but after so Iong‘^T I found it in full flower, and immediately^] cut and spread—bunching at.night ana vT ing after the dew was off in the monmt,' • several days. • In this one cutting, from one-fourto acre, measured, I obtained three tso-_- wagon loads of hay—piled and trod <W* T ns could be hauled—equal in bulk, value, to the fodder usually gathered h® , or seven acres of land in corn ; and le« ‘ ground a thick mat of stubble, co m r‘ s '*; rt ‘J tecting it from washing until turned ur ‘ 1 '- j tiie next crop. I shall try it again. , u Bolling and broken lands, cultivate' ' or fifteen years iu cotton, will be*®” 1 , j s gullies and worn out. The same kind o ^ with proper care and attention, if 10,1 com, grass, peas, small grain, and five or six years in cotton, will 1 331 ,, And then toe stock 1 Huge porkers,» ^ etc., with great pens of domestic gi ,an0, _ than “Peruvian,” and not costing F®. net proceeds of three or four acres culJ . J cotton. But here’s the rub: tbe c0 'y_ i _, rf l tonal attention of the proprietor is nece**, ■ There was a romantic meeting 0a train to Iowa, a few days since. At» place a middle-aged woman entered ^ gentleman arose and offered her a se» him. She had just seated herself claimed: “Oh, my God I” Both of ‘ „ sprang to their feet, and whileta^i) other, tho gentleman said: “Is it ^ strangely we have met! but let as pa** j I am going to my wife and family; ) ■ some, to meet yonr husband. ” The u J a ’We may part friends and wiser w*rL..t were. My experience has been » doubtless yours has been the same- * oblige me by Btepptog into the De* 1 ^ „ parties shook hands and separated, .g j ago a petty quarrel resulted u> ® parties. Both had sinoe married I learn that the old love had not died The Indianapolis Mirror says: ‘‘A of thia city attended a select gsthenng^l female acquaintances at the young lady friend reoentiy, and Jjjj« cidentally discovered that he had y o button. But its whereabouts be cover. They hunted and hunted,. tog sleeve button «K>wherew^i The party separated abont rntdrug ^ young lady'friend retired l L p *iBfr,j room and began the process of i the drees was opened, the foo**# tbe floor, its jingle being almost dro suppressed shriek.” ■wHHlKd