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—— . ■ 11 '■ m St . . iTT(<y T wury.^ai ^jp?ppppp ; ' - 1 - . ' " ll .',-" ;! | U,^ ■ ^u.iM 'i III M .i; t V~ J,Vi>^f • - r ;'■ ■ ’. --’■•■*• -■ . . '.- %-f.- ' ■ 7* j- '• » - A-ISTD GEORGIA JOTTR/NT A 7\ <$z: TVTTT.SMT^TVr^TnT? 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 r - . hf'-.-M --r> ;Ay£^*5f5 -v s'*’ \ - ■: < • / -•>< 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. • . : > . * -*-* *« ■ inhnrfi it urtaiidtaftiMhi ■Mtta mm mmm