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jiliBUSHED
1S26.
MACON TUESDAY, JULY 5 1870
VOL LXIV.—N045
ELIZABETH.
Xff MW* 8» H* EBOWXE.
All is over
. ^ bashed and silent room!
^™*1 never cimo so Rently-
£2 from terrors, void of gloom—
Ibe flatter of his pinions
..«* violet perfume
^‘‘ yjroacd this bed of death;
o Street Elizabeth!
nraoe the chamber
St angel white!
^ 10 no e^l sepulchral token
aTAourtight!
^ygx&iir-
r the bloesoms,
„ rof caiJen, wood and glade,
OtoEl^th! 611 ’
Sow the emmet
Fides and darkens into night.
M the quick reluming morrow
^£SS5Sf&u:
o loved Elizabeth.
While I Ma.V.
BV U1KAM RICH.
_ , hat the book, please; let os play together;
*StStM Woiton in her gown o gray,
-jTi M i*»J dv bnjil)g ajf my bemea,
Si PV m silver—papa, what yon say r
’Smt&SS ^hjt yon^axe.tO;day :
JS eves here, if I now deny them.
^ I fin'would meet them may have turned
»*»?•
Kri. are songfnl only in the spring time,
*££oos will be blossoms only, for a day,
trill be
tSetoir is golden but a little longer,
Si# jour heart light, darling, while I may.
■fr. Tilling Finer, charm away the prreent,
•Tra ill thv magic, honor bright, in play,
vf^ale maiden in her seventh summer,
9tawrinkled womin in a gown o gray.
The Ivy Green.
r,t chablxs dickers.
Oil iJiintv plant is the Ivy green,
rjiaeepeth o’er ruins old.
01 rulit choice food are liis meals. I ween,
lute cell eo lone and cold.
inJij must be crumbled, the stone decayed,
4 To please his dainty whim;
teiiLe mouldering dust that years have made
~U » men v meal for him.
Creeping where no life is seen,
\ rare old plant is the Ivy green.
fut te stealeth on, though be wears no wings,
imi a tttnnch old heart has he.
ILa closely he tuineth, how tight he dings
To his friend the huge Oak tree!
isd •lily he traileth along the ground,
Acd Ins leaves lie gently waves,
At he joyously hugs and crawleth round
The rich mould of dead men's graves.
Creeping where grim death has been,
A rare oil plant is the Ivy green.
thole ages have fled and their works decayed,
And nations have scattered been;
Bet the stout old Ivy shall never fade,
From its hale and hearty green.
The brave old plant in its lonely days,
Hull fasten upon the past;
For the stateliest building man can raise,
Is the Ivj's food at last.
Creeping on, where time has been,
A rare old plan is the Ivy green.
TIic Georgia Bill-
The Georgia Bill, which passed the House on
Friby, declares that ‘‘nothing in this act con
sist! shall he construed to deprive the people
Georgia of the right to an election for mem-
cr- uf the General Assembly of sard State, as
wikd for in the Constitution of said State.’
Tic following are the provisions of the Con-
:tion and Ordinances on this subject:
isTi LE III.—Section 1. The members of
Srnate shall ho elected for four years, ex-
that the members elected at the first elec-
froui the twenty-two Senatorial Districts
i-rcJ in this Constitution with odd nmn-
, shall only hold their office for two years,
members of the House of Representatives#
riril li« fleeted for two yearn. The election for
Zriulieis of the General Assembly shall begin
« Tuesday after the first Monday in November
J e' ery second year, except the first election,
l shall be within sixty days after the ad*
rawest of this Convention : but the General
taembly may by law change the time of elec-
i the members shall hold until their stre
am elected and qualified.
Arncnc XL—Para.gb.vi a XH. The ordinan-
“•of this Convention on the subject of the
ejection, and the first General Assembly,
^ have the force of laws, until they expire
‘F'li iroxn limitation, and all other ordinan-
of a mere legislative character shall have
Lrce of Intvs, until otherwise provided by
fk rijiiersl Assembly.
Giwxaxces.—Whereas, all civil officers of
■*# Slate are only provisional, until this btato
i*represented in Congress; and whereas, the
®west of Georgia requires that all civil offices
* # ®ld bo tilled by loyal citizens, Ac., &c.
Jill be it farther ordained, That the regula
rs? ctablisbed by Congress for voting upon
>« ratification of tho Constitution, and for
voting at elections under tho Provisional Gov-
Wanent, «t»n applv to tho election of officers,
ri aforesaid; and the persons so elected, or
fpoiuted, shall enter upon the duties of the
•'fcrai otUces to vrUcli tliey have been respect-
'tly elected* when authorized so to do. by acts
! Congress, or by the order of the General
- mmanding; anil shall continue in office till
lie regular succession, provided for, after the
J«r Ksti8, and until successors are elected and
Tulilied; so that said officers shall, each of
kern, hold their offices, as though thoy were
^tcjtd on the Tuesday after the first Monday
LXuvcoiber, 18C.S, or elected, or appointed,
‘Jthe General Assembly next thereafter.
'iher. ibis bill shall have passed the Senate,
ii will be in order to inquire into its practical
Vc and effect.
IIow to Spend tlie Sabbath.
Henry lVard Beecher's Sermon. Hay 29,
Every house of any consideration has a best
room. It is usually furnished with the choicest
things a man can afford. Whatever there is that
stands apart from the common uses, the parlor
receives. It is the room of honor. Now, what
tho parlor is to the house, so is Sunday to the
rest of the week. The week is a house, and
Sunday is the best room in it. It is a dav to be
looked up to as the best day in tho wee'k. In
these words of Is&i&li wo soe that Sunday was to
be honorable; it was to be memorable. It was
a declaration that if men will lay aside a day
for worship, the Lord will ble3s them. It is to
be a day upon which a man will say: “It is a
delight.” We are to bear this in mind, that
whatever you do on the Lord's day, you m&v
take this as its character—it must be pleasant;
made pleasant by a higher manhood, by tho en
joyment of Christian joys. It is to the day of
the week which is to act on our higher natufe.
It should therefore, carry this feeling of joyful-
ne3s in a man's nature.
Tho whole truth of the prophet’s words are,
then, that you shall so enjoy the Sabbath that
your higher nature shall say it is a delight and
honorable. As the cooper would never think of
working at his barrel while entertaining com
pany at bis house, so the Sabbath is to be kept
separate from the rest of the week. Keep your
shavings and your dirt out of the Lord’s day.—
It is not then to be a working day. I am not
superstitious on this subject. I 'don’t think
: that if a man, walking in bis garden on the Sab-
1 bath, should see a weed and pull it up, it would
bo marked down against him on the Lord’s
book. I regard it as a day in tho week when a
man can say, I am not a clerk, am not an ap
prentice ; I am not to crouch to any one to-day,
I am a man. A man stands on his manhood
that day. Wherefore, I say that Sunday shonld
not be a working day, because it must be unlike
other days. Sunday is the poor man’s, it is
yonr day, it is my day, it is liberty day. It is
‘ not to be a visiting day. I am not superstitious
about this either, I believe that the question is
not, can I, or can I not visit ? but rather, what
sort of visiting would do me good, make me bet
ter ? I have known ministers going to preach
on the Sabbath, after the service not to be asked
even to go to dinner, from an over-scrupulous-
ness on the part of their parishioners, who were
[ afraid of breaking the holy day. I do not think
j it is wrong, either, to write letters home on the
, Sabbath. Every child shonld be so brought up
; that, when he thinks of home, he shall think
, Sunday the best day, as the culminating joy of
j the week. It is in the light of making this a
; day of joy that we can discuss the question of
. walking and amusing onrselves on the Sabbath,
j Now I am decidedly in favor of walking upon
! the Sabbath. And if any go, all should go; don’t
' let the children encounter temptation alone.
But it must be done, soberly. So far as the
working classes are concerned, it may be an oc
casional truth that it is wise to take them ont of
their dirty, filthy homes, and give them an ex
cursion down tho bay or up the river. Singing
birds and beautiful flowers are very pleasant,
but stop—give them first moral culture and the
means of interpreting these beauties, so that
they can see God’s handiwork in every flower.
I set my face like flint against Sunday, a day
of pleasure for the rich man and a day of bond
age for the poor man. I wouldn't sign a peti
tion against running the cars on Sunday. If
there is any sin in it, I think .that it is just as
bad to ride in a carriage to church as in a horse
car. In arguing for a sacred Sabbath, I am ar
guing for the poor man. It is his day. It is
liis bulwark against oppression. Many have
supposed that Christ set his 'face against the
Sabbath. He did not. He explicitly declares
that Sunday was made for mao, not man for
Sanday. Sunday is made to serve man. It is
made to make man freer, nobler.
I remark, secondly, that a negative Sabbath
is as poor a way of keeping it as well as can b*.
The prevalent idea of the Sabbath is that yon
must not do something. I remember in my
childhood, at our home in Litchfield, how often
upon tho Sabbath I would see something to
laugh at, and I would laugh. “Hemy,” my
mother would say (as good a woman as ever
lived,) “Henry, you mustn’t laugh.” “Why
not?” “Because it is Sunday.” And I would
stand at the western window; with my brother
Charles, and watchiDg the slowly declining sun,
would nudge him and say, “Charlie, Sunday is
most gone. - ’ And my mother would remark,
“Henry, you ought not to wish that Sanday
would "be through.” But I was glad when it was
through; it hadn’tmade mein love with it. Itwas
restrictive day to me, a perpetual pruning day.
Ih the catechism that I couldn't learn, didn’t!
LIFE AND DEATH.
Beautiful Sketch by Charles Dlckeny.
The Era on the Georgia Bill-
'ft# Atlanta New Era of Saturday says:
Lave no doubt bnt that the Senate will
Printptly this bill, and admit Senators Far-
h *«nd "Whitley, when, so far as Congress is
Reared,tho present Legislature will bo recog-
as being the first legal one, and under tho
‘riionof this Legislature m ratifying the XlYth
XVih Amendments, and in the election of
^nalors tho work of Reconstruction will have
*2? completed, and the State restored.
The Legisliture will then decide the question
*• ‘lection, and if all these facts shall have oc-
there can be no donbt that the proper
- : ‘rpreta!iou of the Constitution fixes the time
v* fte next election on the Tuesday after the
151 Monday in the year 1872.
^ Pastheb Eats rp a Little Box.—Tho Par
kbbnig (West Virginian) Gazette, says:
leam that a horrible affair took place Iasi
*** on the Middle Fork river, in Randolph
™J>hly, some fifteen or twenty miles from Bev-
fjjj; Two little boys, nged tonAad six years,
•^•?of Mr. Samuel Currence, went ont in the
*° drive home the cows. When but a
•~°it instance from the house they were attack-
la. 2 a vcr X lar S e Pri^ber. The eldest boy
- diately gathered up the younger one in his
^ : t‘.it the panther seized him and lore him
S** - The boy seeing that he could not save
Jjfbrother, ran to the house. The father
;' ’ w i back with him, and when lie got to
life llu HO iu
” spot found bis child almost entirely de-
taared. |2S|
There was once a child, and he strolled
about a good deal, and thought of a number
ot things.. He had a sister, who was a child
too, ana his constant companion. These two
used to wonder all day long. They wondered
at the beauty of dowers; they wondered at the
height and depth of tho bright water; they
wondered at the goodness and power of Goa,
who made the lovely world.
They used to say to one another sometimes,
Supposing all the children on the earth were
to die, would the flowers, and the water,
and the sky bo sorry?” They be
lieved they would be sorry. For, said they,
the buds arc the children of the flowers, and
the little playful streams that gambol down
the hillsides are the children of tho water; and
the smallest bright specks playing at hide and
seek in the sky all night must surely be the
children of the stars; and they would be all
grieved to seo their playmates, the children
of men, no more.
There was one clear star that U3ed to come
out in the sky before the rest, near the church
spire, about the graves. It was larger and
more beautiful, they thought, than all tho
others, and every night they watched for it,
standing hand in hand at the window. Who
ever saw it first cried out, ‘‘I see the star! ”
And often they cried but both together,
knowing so well when it would rise, and
where. So they grew to be such friends with
it that before lying down in their beds they
looked out once again to bid it good-night;
and when they were turning round to sleep
they would say, “God bless the star! ”
But while she was still very young, oh,
very, very young, the sister drooped, and
came to be so weak that she could no longer
stand in the window at night: and then the
child looked sadly out by himself, and when
he saw tne star, turned round to the patient,
pale face on the bed: “I see the star!" and
then a smile would come upon his face, and a
little, weak voice used to say: “God bless my
brother and the star! ”
And so the time came all too soon, when the
child looked out alone, and when there was
no face on the bed; and when there was a. lit
tle grave among the graves, not there before;
and when the star made long rays down to
wards him, as he saw it through his tears.
Now, these rays were bright, and they
seemed to make such a beautiful, shiniDg way
from earth to heaven that, when the child
went to his solitary bed, he dreamed about the
star; and dreamed that, lying where he was,
he saw a train of people taken up that shining
road by angels. And the star opening,
showed him a great world of light, where
many more such angels waited to receive
them.
And these angels who were waiting turned
their beaming eyes upon the people who were
carried up into the star; and some came out
from the long rows in which they stood and
fell upon the people’s necks and kissed them
tenderly, and went away with them down
avenues of light, and were so happy in their
company that, lying in the bed, he wept for
SUPREME
COURT DECISIONS.
DELIVERED JUNE 14th.
From the Atlanta Constitution.
Varner, J. dissenting.
This was an action brought by the plaintiff
against the Ordinary of Chattahoochee county,
to recover damages alleged to have been 8ns-
taine_d xn consequence ot the bad and unsafe
condition of a bridge on a pnblio road in said
county. There was a general demurrer to the
plaintiff’s declaration, which was sustained by
the Court below, and the plaintiff excepted.—
The Inferior Courts of this State having been
abolished by the Constitution of 1868, and the
duties of the Justices thereof having been trans
ferred to the Ordinary of the respective coun
ties, the question is, what were the duties- and
liabilities of the Justices of the Inferior Courts
‘‘Plantation Manner*”-Tl*« Die Row
Between Butler and Furnaworth—
Farnsworth t ails Ben a Rogue, and
Ben Says Farnsworth Is a Coward
and an Assassin.
Telegraphic Correspondence Courier-Journal.J
Washington, June 22.—Gen. Butler and Gen.
Farnsworth met in baalo array in the House.
thin afternoon, and the ooeasiun was one of rare
interest and excitement. Probably no other
scene of personalities was ever allowed more
limit in this body or produced more unparlia
mentary language. The basis in itself was in
significant, being the question of passing a pri
vate patent piste! bill for the relief of one Rol-
Jin White, over the President’s veto. While
Butler was advocating the passage of the bill,
Farnsworth enterjected a charge into the speech
that produced a positive sensation by deolaring
• ,, — auak (.rvuuvviu u jakhuiu mvwmu»hk
of tho respective counties of thisi State, -and--r; that Butler Fad been employed as oounsel for
joy.
But there were many angels who did not go
with them, and among them one he knew.
The patient face that had once lain upon tho
bed was glorified and radiant, but liis heart
found out his sister among all the host
His sister’s angel lingered near the entrance
of the star, and said to the loader among those
who had brought the people thither—
“Is my brother come? ”
And he said, “No.”
She was turning hopefully away when the
child stretched out his arras and said—
“Oh, sister, lam here! Take me!”
And then she turned her beaming eyes upon
him, and it was night; and the star was shin
ing into his room, making longways down
toward him as he saw it through his tear.
From that hour forth the child looked out
UDon the star as on the home he was to go to,
when his time shonld come, and he thought
he did not belong to earth alone, but to the
star, too, because of his sister’s angel gone be-
forc.
There was a baby born to bo a brother to the
Oh the catechism that I eouldn’t learn, 111(1111 ’ childand while he was so little that he had
learn, and can t say even now. Have yon|‘- 1111 “> . , , . , .. - ••
brought
Sabbath?
up jurar cliddMm^o that they like the j never jet ^tretcliccl his tiny
■ If you haven’t so used the Sabbath ; form outonfcoj^rcamed of the opened star,
day, then you have broken it. When yon come
to church, don’t look in a& if yon were going
into a sepulcher. Don’t pause solemnly, and
go up the aisle with a disconsolate visage. Ah 1
if our Lord was a crowned despot, this would
be right; but he is not; he is a God of love, of
mercy, of forgiveness. Men ought to be striv
ing to make tnis dsy a more cheerful day, than
all the rest of tbe week. Brothers, friends,
fellow citizens, there is nothing that I care so
much about ns the sacredness of the Sabbath.
But I don’t think yon can make it so by law: it
must be snpporied by public opinion. Here is
and of the company of angels, and the train
of people; and all the rows of angels with
their beaming eyes all turned upon those peo
ple’s faces.
Said his sister’s angel to tho leader:
“Is my brother come ?”
And he said, “Not that one, but another.”-
As the child beheld his brother’s angel in
her arms, he cried, Oh, sister, I am here 1—
Take me r * And she turned and smiled upon
him, and the star was shining.
He grew to be a young man, and was busy
; •» fiSBTE .1 EbKi wheVao old”servant erne to him
Let us keep it so ......— -j ,
Lord. Be assured that not long after Sunday j ,‘ ai “ • , . , , - . „
has been abolished will it be kept except by the ■ “Thy mother ts _ no more. 1 bring her
sword and bajonet of the despot. | blessing on her darling son.
! Again at night he saw the star, and all that
Claiuiing Credit for a But! Job. j former company. Said his sister’s angel to
la a recent article on Grant, in the New York i the leader.
Sod, the editor, Sir. D.no, s.,8: j XldbS
During the war, when he (Grant) was diggm ^ mighty cry of joy went forth through all
what he could to have him retained at the head; her two children. And he stretchc out Jus
of the army in tho Mississippi Valley, and the j arms and cned! Oh, mother, sister and
effort was successful. But for his agency Grant j brother, I am here! Take me. And they
u&uld then have been Bent bade to Qalena ; and, answered : rJotyct, ana the star was
in that event he could neither hate become Com- j shining.
mandcr-if -Chief of the Army nor President of, Ho grew to be a man whoso hair was turn*
the United 8 ate*. < ing gray, and he was sitting in his chair by
We judge Dana is tolerably sorry, now, he the fireside, heavy with grief, and with his
didn’t help send Ulysses back to Galena and face bedewed with tears, when the star open-
his tan vats. At lea^t, ho talks that way. Of ; ftnge l t6 tho l6ader , “Is
Grant as President he says: ; my brothcr comc ? • .
His administration is bad, foolish, weak, cow- j ^nd he said, “Nay, but his maiden daugh-
ardly, corrupt, anti-American, contemptible at
home, and more contemptible abroad. ^ Itjsim- ^ n j tbc man wbo b a ) been a child saw lib
possible for an independent journalist, anxious j augbter ne wly Tost to him, a celestial crea
te discharge his obligations ^ the people, to ture s among tho ^ e thre6j and bc £a id, “My
conceal or palliate facts so fearful and & daughter's head is on my mother’s bosom, and
11 Tbe President is incompetent, lazy, neglect*; her arm-is around «jr
fa! of bis datles, nnable to comprehend them, j ber feet there is the baby of old time, and I can
and careless about performing them. He an- bear the parting from her, God bo praised.
pointsmen to office simply because they have j - And the star'Was shining,
m-ffie him presents, or are his relations, or be* Thus the child came to be an old man, and
cause some*foolish caprice prompts it. Ho de- i his once smooth face was wrinkled, and his
grades the country in the eyes of all the world, £ t e p 3 s l 0 w and feeble, and his back bent. And
& « -t _ . Ll.tr i:u~ « /,A*T*ar.J fnt* faor nf« - A - j l L.IJ——
and stands trembling like a coward for fear of a
.corrupt and bankrupt power like bpain. The
man who saved the nation as a soldier is cover*
ing us with shame as a President.
Dana is a true blue Radical, one of the origi
nal panel of abolitionists, but he talks very I dying.
mi - h like.a genuine Ku-Kiux. flow loyal hair
would bristle, and loyal eye balls roll if the
Telegraph and Messenger, or any other South
ern Democratic newspaper, criticised Mr. Grant
after this vigorous fashion. "Why, we should
not wonder if. there was a proclamation and a
c .it for troops as soon as Bullock heard of it
Agricultural Fair.—"We understand that the
committee of gentlemen appointed to solicit
subscriptions for the Agricultural Fair, which
opens at the Laboratory on the third day of Oc
tober next, are receiving quite liberal contribu
tions from nearly all of our business men. The
money thus raised is solely for the purpose of
making up a list of premiums to be awarded,
worth contending for—such a iist, in fact, as
will attract a large crowd and produce a lively
and interesting exposition. yjR pH!
one night as he lay upon his bed, his children
standing around him. ho cried as he had cried
so long ago :
“I see the star 1” .
They whispered to one another, ‘Ho is
And he said, “I am. My age is falling
from mo like a garment, and I move toward
the star as a child. And 0, my Father, no w
I thank Thee that it has so often opened to
receive those who await mo!”
And the star was shining; snd it shines
nnon his grave. ’ : -
How Much a Gallon Is.—U. S. Internal
Revenue Commissioner Delano, has just decid
ed that the word gallon, as nsed in that part of
the act of April 10,1 SCO, defining wholesale and
retail liquor dealers, shall hereafter be construed
as meaning wine-gallon, whether applied to dis
tilled spirits, wine or malt liquora. Therefore
wholesale liquor dealers will be limited in their
■ales to quantities of not less than five wina gal
lons, and retail liquor dealers to quantities of
leas than five wine gallons, regardless of the
proof of the spirits ?i '
the present existing laws thereof, in relation to
keeping in good repair the public roads and
bridges, which have been transferred to the Of
dinaries of the several counties. The 1679th
section of the Code declares, “that every cor
poration acts through its officers, and is respon
sible for the acts of suoh officers in the sphere
of their appropriate duties.” The 525th section
of the Code declares, that “every county which
has been, or may be established in this State,
is a body corporate, with power to sue or be
sued in any court.” The 25Gth section declares
that “suits against a county must be against the
Inferior Court.” By tbe 710th section of the
Code, the Justices or the Inferior Court of the
several counties have authority “to appoint the
plans for the erection of public bridges, and to
make suitable provision lor their erection and
repairs, by letting them out to the lowest bid
der, hiring bands, or in any other way that may
be for tho public good and agroebly to law, and
to require sufficient bond and good security for
the faithful performance of such work and con
tracts, and to indemnify for all damages occa
sioned by a failure so to do." The 731st sec
tion provides that all contractors for the estab
lishment of bridges shall be liable for such dam
ages as may acctue from a want of good faith
in performing their several contracts; and that,
if so bond of sufficient guarantee has been taken
by the Justices of the Inferior Court, that the
county is also liablo for the damages. The
242d section of the Code declares that the pri.
vate property of the citizens of a county snail
not be bound by any judgment obtained against
tho county, but such judgment, if binding shall
be satisfied from money raised by lawful taxa
tion. Tbe 5545th section provides that if tbe
Grand Jury shall fail or refuse to recommend
the levy of a lawful tax sufficient to discharge
any judgment that may have been obtained
agrinst tho county, or any debt for the payment
whereof there is a mandamus, or the neoessary
current expenses of tho year, the Justices of the
Inferior Cuurt may levy the necessary tax with
out such recommendation. The 547th section
declares that the right of a creditor of a county
to compel 6Uch tax levied is the same as sec
forth in section 537 touching tax for building,
which last named section provides for an appli
cation to the Judge of the Superior Court for a
mandamus.
By the 710th section of the Code, it is made
the dnty of the Justices of the Inferior Court to
exercise a general supervision over the public
bridges of tbe county, and see thatthey are kept
in proper ordet:
Held, That whatever may have been the com
mon law lute, as to the liability of counties to
fce sued for damages for neglect of duty im
posed by law on the officers thereof, that, under
the general provisions of the Code, before re
cited, suit may now be brought against them as
corporations, and they are responsible as such
corporations, for the acts of their officers, either
of oinis-ion or commission, in the sphere of their
appropriate duties as required by law, in the
same maimer as the officers of any other cor
porations, and that the judgment wlfioh the
plaintiff may recover, will be rendered against
the county in its corporate capacity, and is to
be paid by the levy ol a tax on the citizens of
the county as provided by the Code:
Held, also, That inasmuch as tbe contractors
to build public bridgesin therespective counties,
aro required by law to give bond and good
security to indemnify for all damages for their
failure to erect, and keep in good repair, such
public bridges, that the legal presumption is,
that the county is indemnified against ultimate
less, should a recovery be had in this case
against the county. In iny judgment, th*e dis
missal of the plaintiff's action in the court be
low, on a general demurrer thereto, was error.
Peabody and Brannon, for plaintiff in error.
No appearance for defendant.
Jacob M. Gay vs. Benjamin J. Peacock, Ben
jamin Peacock, et at. Equity from Schley.
McCat, J.
1. Where P. has advanced money to B. and
C., one of whom was P.’s son, to buy a tract of
land with tho understanding.that the title was
to be taken in P.’s name, and B. and O. bought
the land, and had the title made to P., bnt hav
ing diverted a part of the money to other pur
poses, they engaged to give the vendor their
note with security for the part left unpaid, and
subsequently after the deed to P. was duly re
corded, they procured by false pretenses, to be
come their surety on said note, they telling him
the land was bound for tho debt:
Held, That- these facts did not furnish evi
dence to justify the inference that P. was en
gaged in the fraud, only so as to authorize in
the complaint of allowing the land to be sold
for tbe payment of the note.
2. Under section 3429 of the Code, either the
plaintiff or the defendant may, as a matter of
right, amend his pleadings at any stage of tho
cause, and the fact that the cassis before the
jury aud part of the argument had, on the evi
dence, does not render it too late to men A If,
however, the amendment be immaterial, and be
refused by tho Judge, the refusal is not a ground
for a new trial.
3. Parties in the final trial have thirty days
after the adjournment of the Court to except to
the decisions made on the trial, and they are not
concluded if, on inquiry by the Judge, during
tho trial, they fail to answer or say they are
content with his rulings, but such a request or
demand by the Court is no ground for a new
trial, unless it appear that the conduct of the
Judge was calculated to prejudice the case be
fore tho jnry.
TTirnm Tison, et al. vs. Stephen A. Sellers.
Arbitration from Schley.
McCAY, J.
Where there is a suit pending in any Court of
this State, the parties may, under tho rule of
the Conrt or by agreement in writing, submit
the dispute to arbitration, and to any number
of arbitrators, and their award may bo made the
judgement of the Court where the suit is pond
ing, error, though tho proceedings have not
complied literally with the provisions of title
28, chapter 1st, of the Code, ainco such an
award is not strictly, under tho system, provi
ded by that chapter.
Jadgment affirmed.
E. H. Worrill, S. H. Hawkins, for plaintiff in
error.
M. H. Branford, B. Hill, for defendant.
tho opponent of White, but had turned around
to represent the latter in Congress for a feo of
two thousand dollars. He exhibited a oertified
copy of the document on file in the Patent Of
fice to show that Butler had received this stun.
To this Farnsworth added that Butler had filed
a small brief in the Supreme Court, where ft suit
over the cost was pending, as ft mere pretense
to cover the receipt of so large a fee for work
to be done really in Congress. “I therefore
charge him, ’ said Farnsworth, with vehement
force and gesture, “with being on both sides of
this case, on one side without a fee, and then
on the other side of the oase with a fee.”
By this time the whole house was on its feet.
The entire Democratic side came into the cen
tral aisle to see what would follow next. Farns
worth had the rule read, that no member shall
vote on a matter in whioh he is interested. An
attempt was mAde to shut off debate here, but
the scheme failed, and Butler got the floor in
reply. Farnsworth sought an interruption.—
Butler, excitedly, said “I don’t yield to a man
who has got more beard than brains,” allading
to the former’s long iron-gray beard. Farns
worth shouted out: “The member may curse
my beard, but ho shall not come into the House
and steal tinder the shadow of it.” This was
received with shouts of order from the Republi
cans, and cries of “Good! good 1” and nods of
approval, from the Democrats; but Butler went
on with his rep'y, charging Farnsworth with
making an infamous and maliciously false state
ment, and adding that he spoke, in the first in
stance, against tlie "White patent for some of his
conslitntents, bnt that he was not called in the
case professionally until White came to him and
said liis counsel was ill, and asked Butler to take
his place in the Supreme Court on the pending
case, and he did tnis by preparing the brief,
which, he said, took him a month, and for
which he received tho sum named. But he
never argued the case in conrt, because the
counsel first engaged was then able to go on
himself. Alter disclaiming any interest in it in
violation of the law and bis position as a mem
ber, as Farnsworth had charged, he concluded
by saying that he who dealt this blow without
notice, and when he (Butler) was unprepared,
was a coward and an assassin.
Down came the Speaker’s gavel with a fearful
blow, but the Speaker said nothing. The whole
Honse looked first at the Speaker, then at
Farnsworth, who was in his seat, and then at
Butler. Tne gavel fall was succeeded by no call
to order. “Is it a message from the Senate ?’
inquired Mr. Butler. The Speaker was now as
silent as his gavel, and it was evident that this
was not the usual signal announcing a message
from the Senate, but an in completed call to or
der. Batter pushed ahead with a repetition of
his charge. “I take it,” said he, “and I reiter
ate it, that it is a principle of ethics that no one
here will dispute, that he who who deals ft blow
on one that is unprepared for it, and has no no
tice of it, is an assassin and a coward, and I
venture that it is an assertion that even the
Speaker’s gavel will not interrupt.” Butler then
sat down Suit of passion and excitement. Mem
bers were' requested to their seats and order was
restored. ~~~ -
After ft little more debate tbe wa^takea,
Letter from Alliens.
Athens, June 23, 1S70.
Editors Telegraph and’ Messenger :—In my
last letter you were furnished with a brief
sketch of two of the departments of education
which have been established here, and to-day’s
communication will contain an account of the
three remaining departments. The old Frank
lin College has been divided into five distinct
and separate schools, and yet they are all united
harmoniously under one all-controlling head.
Aocording to the new system which has been
inaugurated, each student is allowed to select
his favorite studies and to advance as rapidly as
hiB industry and talents will warrant. "When
he completes his studies in his chosen depart
ment he receives from the professor thereof a
certificate to that effect.
but so general was the feeling against Butler,
who had at first advocated the bill, when he
knew he was interested, that he only got twelve
votes to the measure, it being rejected by more
than a hundred majority.
Hanging for Murder not “ Plated Out ’
in Virginia.—The gallows has done well for
another murderer named Taylor, a negro, who
expiated a triple orime on the scaffold at King
George Courthouse, Virginia, on Friday. Tay
lor, with two other negroes, on the 26th of
March, entered the store of F. W. Payne, in
North Bend, at midnight, and after murdering
the clerk, Willie Jett, a mere boy, robbed the
premises, and then, together with the body of
their victim, burned the building to the ground.
They were subsequently arrested, tried, con
victed, and sentenced—two to the penitentiary
for life aDd one to death. On the morning of
the execution the prisoner made a full confes
sion of his crime. When led ont to death he
ascended the steps of the scaffold unaided, and
knalt upon tho drop to pray. This over he was
asked if he had anything to say; he replied:
“ I believe justice ha3 been done me and I de
serve my doom.” Another prayer was offered,
after which the rope was adjusted, the black
cap placed over his head, and at three minutes
to one p. si. the drop fell. ■< 1 ■
The New Attorney General.
One of the strongest reasons we have seen for
Akerman’s confirmation, is the fact that the
Macon Telegeath makes very wry faces at the
gentleman, and calls him very ngly names. He
is, says the Telegraph, cold-blooded, cacul&ting
persistent, energetic, and tireless, and hates the
South and tho Southern people most cordially.
It adds : “We tako it for granted that Grant has
road Akerman’s speeches as District Attorney,
upon the rights of ‘rebels,’ and the power of a
military commander to make laws and declare
what are and what are not crimes, and has heard
his opinion, so often and so insolently thrust
into the faces of the people who raised him out
of the dust of obscurity.” With this first-class
indorsement, all fears of failure of confirmation
are dispelled: Ackerman goes into Grant’s Cab
inet.—Hero York Commercial Advertiser, 22tf.
Wo will divide the honor of securing Mr. Aker-
nian’s confirmation with Captain Blodgett, late
of the Blodgett Volunteers, and Blodgett Artil
lery, 3d Georgia Regiment, O. S. A. The Macon
Telegraph is too modest to take the whole credit,
and moreover, we entertained no particular ob
jection to Mr. Akerman’s confirmation. We
have . respect for every Southern Radical who
-.rill wake a clean bi e.i-.t and say “I went volun
tarily into the rebellion.” .Under these circum
stances wo must waive a'.I claims upon the
learned Attorney General for iny of the patron
ago of his office. Give it all to Captain Blodg-
! ett. Ho worked with a \cp.l to defeat tho nom-
Georgo A. Brown vs. Tho State. Keeping a ■■ . _
keno table. Muscogee. .jmation. . VW
A table, on which or over whichis a hollow i s Returns.—The United States Census
clobe, containing balls or numbers, the drawing' . . , t g , ,
out of which determines whioh of several par- ■. office hns sent out a circqlar to United States
ties shall take a “pot," to which each has coa- j marshals directing them to give to the press the
tributed, is a gaining table, under 1 HJ5th section {otn j p 0 „ n l a tioa of towns, cities, and counties,
of tbe Cod., and one who keep and presides at. ^ . t(J retuma for lba game shall have
the same, that playing and betting for money I , t ^ ^
may bo doae thereat, is gnilty of keeping a gim- been received and so far examined as to be sat
ing table. j isfied of the thoroughness and accuracy of tbe
Jt Is not error in tho Court to charge the jury J This power, however, must be reserved
as to what constitutes a gauimg table, and to marshals; assistants are *ot allowed to divulge
sav to them, charging them that they were, the loul ‘“ 3U > • ^
judges of the law nnd the fact, that this did not the results of the enumeration,
mean thatthev might do •» they please, or. ‘ - _
might disregoid the charge of the Court. The Weather. —Saturday closed up a w»m
Thomas W.. Grimea, Jr., Ramsey and Bam-' wee k. The streets of Maoon are getting
sev, for plaintiff in error. tI „ 1 dusty once more, aud a little rain will be aooep-
b aisst s: 11 " ** a “■: “!»■ ‘ r 1
be especially Injurious to tbe growing crop*.
How much did Akorman give? is now the The reports from nearly every section of the
popular conundrum."'-"; state **’ higbly favarebte
CIVIL ENGINEERING.
' The department of civil engineering, estab
lished by the Trustees to meet a growing want,
is ft suooess; no better proof of this, than the
fact that of alt the students who have graduated,
all have readily found good positions in their
professions, and have retained them.
The oourse of instruction is designed to make
the student acquainted, not merely with the
theory, but with the practiosl duties of his fa-
ture profession; so that, upon finishing his
course, he is able to enter at once, without
further apprenticeship, upon the duties of an
engineer. The studies which a young man
pursues in this school, fit him, moreover, not
only for a surveyor, builder or engineer, but
from their nature, train his miud for general
business. To one, for instance, who intends
to devote his life to agriculture, a partial if not
a foil course would be of the greatest advan
tage.
Many persons are apt to think that the educa
tion to be obtained in a school of this kind, is
merely theoretical. Thisis not the fact. The
students are more familiar with every process
of building—and are practiced on the field with
the surveying instruments—and practiced until
they know how to use them by themselves in
all the operations needed in surveying," or road
levelling and making. As a coroboration of
what is here stated, can be noticed the bridge
over the Oconee in Athens, 150 feet clear open,,
the drawings, specifications, nnd bill of mate
rials for winch were made by Mr. W. \V. Thom
as, of this place, immediately upon his gradua
tion.
A young man with a good knowledge of arith
metic, algebra and geometry can complete the
course of studies in two years. It requires,
however, constant labor and assiduous attention.
The course comprises in addition to pure math
ematics, the study of framing, bridge construc
tion, surveying, leveling, road-making, canals,
lectures on principles of construction, on the
draining of lands, for agricultural purposes, on
water supply of towns and buildings, etc., nat
ural philosophy, chemistry, drawing, andFrench
are also a part of the course, and lectures on
brick-making, burning of lime and making of
mortar.
The tuition fee is one hundred dollars per
annum On the completion of his course the
student receives a diploma of “ Civil Engineer,’
provided he has proved himself competent. No
man receives a diploma in this school Who does
not fully understand the subjects he has been
studying, and does not successfully pass through
the ordeal of rigid examination. By this course
it is intended that the diploma of “ Civil Engin
eer ” given by the University of Georgia, shall
bo tho best recommendation that a man in
search of a position can have. Capt. Charbon-
nier, who has charge of this department is the
son of a General in the French army, andserved
himself as Lieutenant in the service of his na
tive country in Algiers. He is an accomplished
gentleman and scholar.
Geology act Agricultural Chemistry.—
This department is conducted by Professor
William L. Jones, who is known throughout
the Unite a Btutes as an eminent man in these
sciences of Chemistry, Geology ana Agtioul.
tnre. The coarse of chemistry is begun in the
junior year, and continues through tho first
term senior. The course is then supplemented
by the study of Botany, in connection with
Minerology and Zoology. During a great por
tion of the second term senior the study of
Geology is conducted by Professor Jones. In
this department he is without an equal; the
whole science is at bis fingers’ ends, and the
sound theories which he advances on the devel
opment of the animal species, forever weakens
the fanatio portinacity with which the followers
of LaMarqne and Darwin cliDg to their false
ideas of profession. The senior course is con
ducted with the study of Agriculture and Agri
cultural Chemistry. This study is destined to
be of immeasurable benefit to onr State, for
the Professor is both a farmer and a scientific
man, who nnites practice and theory in combi
nation with vast-experience. The course u a
series of lectures, beginning with the growth of
plants, how they grow, what elements thoy must
contain, where’they get thorn and how, how
crops exhaust the soil, necessity of manure,
kinds of manure, etc. Then ho treats of the
various methods of breaking soils. This con-
clndes the lectnres. And we are confident that
not a word falls from the Professor’s lec-
but what will one day bring great profit into our
farmers’ pockets.
Univebsitt High School.—The University
High School is an organic part of the Universi
ty, yot in the details of government and disci
pline it is entirely distinct. As a feeder to the
higher departments of tho University, it is a
success. A class of twenty will in a few weeks
be transferred to the Sophmore and junior
classes. Students who present the high school
certificate, matriculate iu College without ex
amination before the Faculty.
One of the specialities in this school is a well
furnished printing office, including fonts of
Greek and German type, algebraio signs, eta
The press is in almost constant operation, pre
paring examination papers, and sundry exer
cises for the use of the school. A small folio
sheet was issued on Saturday last, containing
“Soliloquies” from Shakespere, for class drill
in reading.
Another speciality is tho “High School
Bank,” with ample currency—same denomina
tion ns United States money. The officers aro
selected from students of the institution—Pres
ident, Cashier, Teller, Board of Directors, etc.,
etc. Students are paid in this currency at the
rate of one dollar for every perfect recitation—
bad lessons incur a forfeiture of pay—absence
without excuso and improper conduct are pun
ished by fines, which must bo paid, or the of
fender is not only declared a “ bankrupt,'’ but
required to liquidate his indebtedness by work
on Saturday. Specie—disks of tin—is bought
and sold, the prices being regulated by the latest
quotations iu the papers. Thus, students have
daily practice in the details of banking,—mak
ing deposits, drawing checks, giving notes. ws-
ing revenue stamps, etc., etc. "W-
Physilogioal Objection to "Woman Suei'rage.
Dr. Evans in his rocent work on the Christian
Doctrine of Marriage says:
“The impulsiveness of woman, arises from
the the strength of their imagination and the
delicacy of th* ir bodily organization. It ren
ders them unfit to have the absolute decision of
important questions, and that makes their subor
dinate positions beneficial to themselves. When
a question is brought before a wonmn, the
strength of her imagination brings the materials
for a decision rapidly and vividly before her
mind. The decision is soon made, and is gen
erally right. It is always as near right as the
wwun could make it after long examination.
Bat imagination sometimes introduces materials
which do not belong to the case; especially if
it ie disturbed by any emotion, the decision will
be erroneous, and woman c*u never correct it.”
Agriculture Iu Xew England.
Tho New York Standard says:
Agriculture is a lost art in many parts of New.
England. The whole State of Rhode Island is
a succession of barren, unsightly hills and huge
chimney stacks. The laboring man is despised,
and both political parties join in disfranchising
on Irish workingman becauso he is an Irish
workingman. New England is fast becoming 8
copy of old England; there is the same oppres
sion of factory operatives, tho same hatred of
the Irish character, the same want of a broad
and generous policy. There is no occasion for
bringing thir> Chinese element into New Eng
land. Let the men by whom this policy is en
couraged understand that a high tariff on shoes
aud a low tariff for shoemakers will not do.
Protective duties must inure to the benefit of
the working man, or the workingman will strike
them down.
Learning Their Trices and Their Manners.
The progressive insight some people are gain
ing into the modus operandi of Southern poli
tics, may be learned from the following, which
we clip from a leading radical paper of New
York:
Bogus Southern News.—The Tribune’s Wash
ington correspondent ntters a warning against
bogns telegrams and letters from tho South an-
nnnouncing outrages, etc. An excuso is to be
made for the declaration of martial law. A
daily dish of horrors is expected in the Chroni
cle from North Carolina, for, said one of the
Senators from that State, “we intend to use the
military, and, in justification, we must get these
tatemsnts disseminated through the North.”
GEORGIA TELEGRAPH BUILDING
Wise Counsel—Let It lie Deeded.
We cannot too strongly endorse and eommend
to the people the wise oounsel at the Democrat
io Senators and Representatives in Congreee
pulliahed yesterday,with regard to tbe selection
of persons for offioe whose disabilities have
been removed, ot who can take the test oath.—
It is a policy so manifestly demanded by every
consideration of prudence and wisdom, that we
are sometimes surprised there should ever have
been a necessity to call pnblio attention to it.—-
We do not know what others have thought
about the matter, but as for ourselves, we can
say that in all onr calculation* as to future
elections, no other policy baa ever been given a
moment’s thought. If there are those who
think differently, we hope they will listen to the
words of these friends at Washington and
change their opinions.
Wo do not now, and never did reoognize the
right of Congress as constituted when these pro
hibitory laws ware passed, to erect such bar
riers, but they had the power, they used it, and
we are helpless. We must get over them as they
say, and not as we would like, viz: by *w«r;r.g
them down. Hereafter, when any man, no
matter who he is nor what his claims, «b«ii be,
put forward and elected to any office to whioh
he has, by these laws been declared ineligible,
we will scarcely find in our hearts even any sym
pathy for a constituency so foolishly and blindly
stupid. This rash policy has already cost ua
immensely, not only in material results, but in
our prestige as a practical, clear headed people.
We used to rule the Union and we expect to
rule it again some day, but there was no such
joints in our armor then, as this foolish business
of electing men to office that we knew they could
not get possession of. The practice had its ori
gin in passion and prejudice that were very nat
ural, and with which we sympathized most
deeply, bnt it never had the sanction of any
man’s deliberate judgment. It was excusable,
perhaps, just after the war, but it is not now.
We have had time to cool, and now judgment
and a regard to practical results'must come to
the front. This is the only policy for sensible
men to adopt in the future.
We have heard some people say that such and
such men could and should be elected to certain
offices, and that when they were elected was time
enough to move in the matter of having their dis
abilities removed. We fail to see the difference
between this plan and that of having these disa
bilities removed before nomination and eleotion,
except that the latter is a deadjsnre thing, and
the former is not. It is not every man who can
have Mr. Tift’s luck. The K&dioals are more
venomous now than then, and scrutinize the
list of those applying for relief much more
closely. They will suffer heavy losses next fall
in the North, and must look to the South for
men to fill the gap. We doubt whether any man
at all likely to be in their way, in any Southern
Congressional district, could get his disabilities
removed, now, under any circumstances. ■ They
know who-those men are as well as we do.jtnd
keep a sharp lookout for them. If Butler’s
amnesty bill passes, of which we see no possi
bility this session, we may find the field for
choice sufficiently enlarged for all reasonable
purposes. But of its passage, we repeat, we
see no prospect this session.
The long and the short of the whole bnninesal
then is just this: We may win by putting up
the right sort of men. _ We must lose if we put
up the wrong sort. It is our duty nnd it will be
for our highest interest hereafter to cast our
ballots for no man whose right to office can be
questioned, even bj- the most rigid construction
of Radical laws on the subject. We must shoot
to hit, as the saying is, and not f<jr the purpose
of hearing the noise and seeing the smoke and
flame, Mediocrity that can vote where a vote
counts for our peaco and prosperity, has as much
the advantage in this issue over the most splen
did intellect and illustrious name that can't vote,
as a man with all his limbs and his tongue free
has over one bound hand and foot, with a gag in
his mouth, and lying fiat on his back. And we
cannot bolieve the Southern people, or the peo
ple cf Georgia, at least, will ever again make
the mistake of not realizing this advantage.
A John Donkey on tke Kaunpage;
Wo find the following in the Dalton Citizen,
under the head, “Spirit of the Georgia Press:”
“Tho Telegraph and Messenger, (Dem.)
strives to be witty. Chuckling over its foolish
conceits, it would have us believe that on It*
trio of editors the uuuit'o of Prentice has fal
len.” - " ‘ -*
As tbe editor of the Citizen is sick, we are
forced to the conclusion that one of the long-
eared tribe has taken possession of his office.
Thero’s no mistaking the bray.
v v 7
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;Ay£^*5f5
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• / -•><
A Cooler.—Yesterday afternoon about 3
o’clock, when the mercury Blood at about 90 de
grees in the shade, this city and section was
visited by a most delightful cooler, In the shape
of "a Bummer shower of rain.
Ex-Pbxsidknt Davis.—The Memphis Appeal
announces "by authority that it is not the inten
tion of Mr. Davis to deliver an address before
the Mississippi Agricultural Societies, as he ha*
no desire or intention to participate in pnblio
affairs of any kind. Neither is he engauged in
writing a novel, nor in the preparation of me
mories of his political carver. The friends of
Mr. Davis wttl be pleased at this announcement
of his resolve not to mingtain public affairs, at
least ftr the present. With such men as now
bear sway, tor him the poet at boom-is decid
edly the private station.
V ’l3
Fmlnois B. Curxma, a-distinguished lawyer
ot New York, died Monday.
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