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wNMttv* itBHi m-n- MMfgp •.- imp** ~r r- - : — ;vi^-..~*»- v-.ws-o.- , - , ....... -, .-.: ~r • * The Greoi-gia Wp^kly Telegraph- and Journal &c JN/tessenger. — Telegraph and Messenger. ■ ■■ ' - ' • ■ -— — ~ ~ \i CON JULY -S<0. _____ wjfcw YorltV* 1 «iiite Slav?*.” The Sub. under this standing head, parades the complaint* of men and women to the amonnt of two or three columns a day. They work too bard—don’t get wages enough—have too many hours of labor, and are generally victims to the oppressions of greedy and remorseless capital. And what the Sun dees in this particular for New York, other papers are doing for the other large cities. There is, in fact, a great cry of grief coming np from Northern free labor, so- called, and we don’t see bow it can be abated unless by abolishing the primal curse altogether, and instead of the eight hours'-labor act, pass a law compelling those heartless capitalists to pay the wage withontthe work, and declare per petual holiday, which would only make men more miserable. It is certain that wages are much higher and work lighter now than they ever were in any previous generation, and un questionably, the employing class, or so-called capitalists, are nsually the hardest workers. But there seems to be no point of accommo dation between these classes, and we doubt not these questions are gradually assuming a politi cal party shape, and will convulse the country in time more than “African slavery’’ or invol untary labor ever did. It is ominous that the self styled partisans of free labor should be pressing their grievances npon the public under the conjury of “slavery.” “White slavery,” forsooth; as if he who were laboring under the stipulations of a voluntary contract, which ho could annul at any time, wera in any sort a slave. His only taskmaster is the physical wants of a common humanity, and the resources of the world aro before him out of which to choose the easiest method of satisfying these want?. What slavery is thero in that? And when, nn- der the usual organizations of labor, its price and conditions aro to a very great extent fixed by itself, surely there seems to be little other cause of complaint than that which mnst lie against the hardship of the physical necessity of any labor at all. But diligent labor is imposed by the Creator on every son and daughter of Adam. Some skulk the duty under one excuse and malprac tice or another, but no man who can labor is excusably idle. And he who labors steadily, faithfully and earnestly in the sphere in which Providence has placed him is ordinarily a happy and virtuous man. We never knew a man ex traordinarily voluble in complaints about his condition, fate and prospects, who could be sub stantially improved in any respect by external interference. He is better off than he deserves »■ Nr ^ <t tTitklus It Back. /■ Varney Gaskill, v.-ho proclaimed - himself through the executive office to the world at large, on Monday last, so terrible a scoundrel as to take money and bonds which did not belong to him and use them in effort to bribe and corrupt Treasurer AngierT.on Tuesday pens a card to the public in which lie roughly endeavors to rub off some of the filth and mire, as it were, 1 with a corn-cob. We append his card in order to show what ln^k a shifty man finds in defending himself from his own self-vilifications. If the “ Executive ” stated Varney's confessions a little stronger than he made them, why don’t Vamey say so in plain words; or is he better satisfied to salve his wounds in a privato arrangement with the Governor?" We must hold Vamey to his confession as stated by the Governor until he takes distinct issue with it. The man who confessed himself a desperate villain in clase- meeting, and afterward got into a fight with a neighbor who took him at his word, might plead usage and a kind of fignrative signification of terms; but no such varnish can avail Vamey in this case. The proclamation was plain prose, and his pleadings and confessions the most ex plicit acknowledgement of crime in the world. We give his card, however, below: A CARD TO THE PUBLIC. Atlanta., Ga., June 28, 1870. To the People of Georgia : I desire a few words with the people of Geor gia, in explanation of my conduct as developed by the testimony before the Bollock-Angier Committee. Some will censure me because they desire to do so. Others will look at the facts, and make np a judgment based upon the snr- soundings. All that can ba said against me is, that I paid Treasner Angier money for doing wbat I believed tho law required of him. But law did not require him to labor at extraordi nary hours, which ho did, and that was what I- paid him for, nothing else. I never asked a bond, till the Brunswick and Albany Railroad had done all in my opinion, the Jaw required. I am as innocent of any intended wrong in this matter as any citizen of Georgia. Dr. Angier thought he had a right to take pay for extra labor, and I did not imagine it was wrong to pay him. The Central Railroad has been, from the start, opposed to the State endorsement of the Brunswick & Albany bonds. The fight between the roads has been tierce. 1 had it from a source that satisfied me the au thorities of the Central Railroad would have me prosecuted. Knowing that I am innocent of any intended violation of law, and believing that the Governor, from the testimony, must see that I did not intend to do wrong, only to bo relieved from tbe perplexities of a prosecution, I asked and got a pardon in this behalf. I simply desire to be relieved from any un necessary trouble and expense in tbe matter.— I acted as an Attorney for other parties. The State has lost nblhing by my act. I have been a citizen of this State for near a quarter of a century. I have obeyed tho law, paid my taxes to support the Government promptly, and labored for the common welfare as faithfully as most men. I regret this whole to be, and help would hurt him nine times out of I affair more than any friend can for me. I have labored to maintain an upright life. Barring frailties, to which all flesh is heir, I have a re cord, which I am not ashamed to leave behind, when called to that “ bourne whence no traveler returns. I make these statements because I desire the good opinion of my fellowmen and to be under stood. Such papers, as notice my connection with this affair, will confer a favor by copying this note. V. A Gaskill. Brant to Change Ills Cuban Policy. One of the rumors from Washington during the past week, says the World, is that Grant is only waiting for the adjournment of Congress to make a new deal in regard to Cuba. It is im possible to ascertain the truth of the story, but the statement is that he (Grant) has become satified that his policy in reference to Cuba is not satisfactory to the people of this country, and is determined to change it, but he doe3 not want Congress to get the credit of making tbat change. His desire is that the resolution of the Senate shall pass both Houses, under which he cannot do as he pleases, and then as soon os Congress adjourns and gets out of the way make radical changes in his cabinet, placing some person in the State Department whose views in regard to Cuba will be precisely tbe opposite of those held by Mr. Fish, and men in other positions who will co-operate with the new Sec retary of State, and inaugurate a new and bold Caban policy, thus obtaining the credit himself rather than give it to Congress. This is also given as one of the reasons why the resignation of Mr. Pierrepont is held so long unacted upoD, os it is proposed to take him in on tbe new arrangement. This story is given for what it is worth; there may be a gram of truth in it. and may not. The strongest reason lor looking upon it ns impossible is the fact that the planning of such a scheme would exhibit more ability than Grant has shown since he has been in the exec utive chair. He has thus far seemed to prefer to drift, trusting to luck to bring him out straight rather than trouble himself about ma turing any plan for future operations beyond a visit to some summer resort or fishing excur sion. His anxiety for a re-election may, ho w ever, stir him up to carrying out that or some other bold scheme. Col. Ben. C. Yancey issues from his sylvan retreat on Coosa river, a manifesto announcing the reinstatement of Col. David W. Lewis as Secretary of the State Agricultural Society He also calls a convention of the State Agricul tural Society to meet in Atlanta August 16th, and announces that three delegates from each County Society will be passed by the railroads free of charge. He says: The following are among the subjects which will be submitted to the consideration of the Convention: 1. A closer connection and mutual dependence between the oounty societies and the State So ciety. A plan will be submitted which it is be lieved will give greater vitality and usefulness to both. 2. A careful consideration and examination of the influence and bearing of the Legislation of the State npon tho interests of agriculture. 3. The system of taxation has some unjust discriminatiousin favor of corporations and cap ital—none of any kind in favor of agriculture. 4. Application to the Legislature for a liberal ipproprintion for the establishment of a Bureau of Agricultural Chemistry. 6. A geological and agricultural survey of the State. C. The reiteration and continual reiterations of our demand for the payment of tho annual appropriations by the Legislature of I860, of twenty-five hundred dollars—ten years' appro priation now due, and not one ever paid. 7. The delegates from the several county so cieties are requested to bring up with them full and detailed reports upon the agricultural condi tion of their respective counties. Let the re ports embrace comparative statements of the probable yield of the crop this year and the last; tho number of acres in cotton and grain this year and the last; increase or decrease in the grain crop; more or less attention to the production of meats; changes and improve ments in agricultural implements; changes and improvements in the modes of preparation and tillage; changes and improvements in contracts with and management of labor. A btoby has been told of a graceless scamp who gained access to the Clarendon printing office, in Oxford, when the forms of a now edition of the Episcopal Prayer Book had just been made up and were ready for the press. In that part of the “form” containing the mar riage service he substituted the letter k for the letter v in the word live; and thus the vow “to love, honor, comfort, etc., so long as ye l*?th shall live," was {made to read “so long as ye both hhall like/” The change was not dis covered until the whole of the edition was print ed off. The World thinks if the sheets thus rendered useless in England be still preserved it would be a good speculation to have them neaUy bound and forwarded to and Connecticut. Arm the overthrow of slavery the Radicals took a wicked delight in telling the Southern people that cotton was no longer king. In view of the fact that during the nine months, ending March 31,1870, the value of raw cotton export ed to foreign porta waa $172,482,087, or nearly one-half of our entire exports for that period, the Albany Journal (Radical) exclaims: “Cot. on is again King!” r *i ni L n.- -xm The Dominican Treaty. f The New York Sun, speaking of the Senate reports on the San Domingo investigation says: The declaration of the partisan majority of the Committee that no fraud or unfairness has been discovered is not only refuted by the mi nority report, which is signed by two Radical Senators, but is overwhelmingly swept away by the testimony and tbe official documents, the latter actually convicting Vie Adminittration out of its oxen mouth." The official document quoted by tbe Sun is a translation of a secret protocol agreed npon by Gen. Orville E. Babcock, aid-de-camp to his Excellency Gen. Ulysses S. Grant, President of the United States of America, and his special agent to the Dominican Republic, and Mr. Manuel Maria Gautier, Secretary of State of the Department of the Interior and of Police,charged with the foreign relations of the said Domini can Repnblii;. The first article of this protocol reads as fol lows : First—His Excellency Gen. Grant, President of the United States, promises privately to use all his influence in order that the idea of the annexing the Dominican Republic to the United States may acquire sucli a degree of popularity among members of Congress as will be necessa ry for its accomplishment, and he offers to make no communication to that body on the subject until he shall be certain that it will be approved by a majority. The acceptaneeof annexation will oblige the United States to pay one million and a half in coin in order that the republic may pay its debt, estimated at tbat snm. If tbe debt is in excess, it is to be paid by the repub. lie. Such a document as that is anything but cred itable to the President. IVfiat Became of Tliem? We copied, yesterday, from the Savannah Republican, an enquiry by a correspondent of that paper, as to what became of the $600,000 worth of State bonds authorized by the Legisla ture, on March 12, 1866, to be Issued in order to pay Georgia’s share of the direct land tax levied on the different States by Congress in 1861 or 1862. We are informed that after Congress suspend ed the collection of the tax in question, the Legislature passed another act directing these bonds to be sold, and the proceeds devoted to redeeming State bonds falling due in 1868, 1869 and 1870. They were, accordingly, deposited in the National Bank of the Republic of New York city for that purpose, and there they wero when Bullock came into office. He drew them out and disposed of them how, and for what purpose nobody knows exactly—except that with the exception of some $70,000—not a dol lar’s worth went for the purpose for which they were issuod, viz: to redeem State bonds falling due in the years named. If it is any consolation to the correspondent of the Republican, whose mind we hope we have relieved somewhat, we may add that, in our opinion, these bonds were used in the noble work of “developing our resources,” and that therefore he, and all of us, should be corres pondingly grateful, and not ask any more'ques tions about them. Tiresome People. The principal State functionaries -in Atlanta have been hard at work for a year or more to convict one another of an excess of venality, corruption and wickedness; and the people be lieve every word of the testimony; but it is getting long and tiresome. Treasurer Angier is out in four colams in the Constitution, show, ing up Gov. Bullock. In this document Angier shows how an offioer became entitled to more than Ida salary and can innocently grease his fingers a little as follows: Bribery, with which the Governor charges me, is the giving or receiving any undue reward, to influence the behavior of the person receiving such reward in discharge of his duty in any of fice of government or of justice. The Treasu rer read volumes to learn his duty; placed aelf under obligations to several eminent ju rists; was threatened with prosecution for damages; still he withheld the bonds until the question at dispute was finally adjudicated by the courts. For all this, and the great labor per formed by himself and others, in preparing the many lengthy deeds of trust for each county— preparing over one thousand bonds—on several occasions writing until his and arm were stiff and painful—he has reoeived one bond of the road, considered by him at the H». of «ad since sold for eight hundred (kfllaiB ($800.) This is the sum total he has re- «•*«£*« extra labor, anxiety and re- gponsxbility, which the Governor, in Ms great g^for an accusation, has the presumption to <yuZI bribery. , / m . .. L . V d The Georgia Press. The City Council of Angusta has decided not to accept the offer of Fangs & Walker, the New York contractors, for the enlargement of the canal.' ji The Savomyih. Radicals being greatly in want of money,decided at a meeting a few days since to raise tlie wherewith by assessing Federal offi cials there, 24-per cent a month on their salaries- Tke officials couldn’t see it, however, and the plan was abandoned. The Savannah Republican has this to say of the opinion that the present so-called Legisla ture of Georgia will decide the question of an election next fall. The Next Leqislatube.—We dissent in ioto from the opinion of the Atlanta Constitution that, Congress having ignored the question of an election in Georgia the coming fall, it rests with the present Legislature to decide tho is sue : in other words, that the men now siyliDg themselves legislators under an election that took place in 1868,- have the right: to decide whether they shall servo four years instead of two. They are thus not only.made the arbiters of their own case, but legally constituted ex pounders of the Constitution of the State. We have no thought of submitting any such ques tion to such a body, and we think the people of Georgia agree with us in that view and deter mination. We would be willing, the Bullock party consenting, to submit the question to the Supreme Court of the State, which is the au thorized expounder of the Constitution and presumed to be a disinterested party and then abide its decision. This proposition refused, and all efforts to get the opinion of the Supreme Court having failed, we are for electing a Leg islature in November and pntting it in the capi ta! at every cost. Georgia has stood the reign of usurpers and blackguards quite as long os she ought to. j,. .. , ’ . . .J. i r ’ We find-the following local items in the Re publican : _ A Dead Body Found.—Yesterday afternoon the dead body of a white man was found float ing in tho water at Mackey’s Point, and wns properly secured until the coroner could bo notified to hold an inquest' Canteleups.—Canteleups, not muskmelons, made their appearance in market yesterday morning, for which one dollar was demanded. The reporters did not indulge in the luxury. Anothee Robbeby.—On Sunday night the store of Mr. John R. Burch, corner of Reynolds and East Broad streets, was entered from be neath the fire place, and aboat $250 worth of property appropriated by the thief or thieves. Among the thiogs stolen wero twenty-two hams, and $65 in money. Cotton ronlimairooL — J. H. Graybill, Esq. yesterday cleared the ship Star of Hope, Cap tain Gage, for the above port, with 3,684 bales of upland cotton, weighing 1,682,689 pounds, valued at $353,253 28, and 60 bags of sea is lands, weighing 18,334 pounds, valued at $C, 381 50. The News says: Geobgla Fnurrs and Vegetables fop. New Yobk.—Forty boxes of peaches, sixty green tur tles, and eight hundred and sevonty boxes of vegetables wero shipped to New York yesterday per steamship Cleopatra, In REsrEcr to the Dead.—Nearly all of the counting rooms along the Bay were closed yes terday afternoon, in respect to the memory of the late Edward Padelford. The Atlanta Georgian says: The Aib Line Railboad.—The Directors of this road met yes terday in consultation with tho South Carolina Air Line, and the result was a consolidation, the lino to be hereafter called tho “Atlanta and Richmond Air Line Railroad Company,” the following being elected officers: President, A. S. Buford; Directors, General A. Austell, S. B. Hoyt, A. Murphy, E. P. How ell, E. M. Johnson, of Georgia; W. K. Easley, Gideon Cannon, J. P. Reed, General Harrison, of South Carolina; R. Y. McAden, of North Carolina; J. Wilcox Brown, of Baltimore. Twenty miles of the road are completed, and thirty-three more under contract which will bring it to Gainesville by the first of January next. It is expected to have tho lino open as far as Charlotte, N. C., by May 1st, 1872. Bollock has respited Blythe Barlow—negro, of course—who was convicted of murder at the last session of Spalding Court, until the lost Friday in July. He was to have been hung to day. The Rome Southerner says four negroes were buried in that city on Sanday, and one Monday, three of whom died of consumption. The “lo cal” of that papen oi»ys this disease is getting ;io common among the negroes, and attributes it to the fact that they used to eat corn-bread, and bacon, but now revel in biscuit, beef, chicken, etc! Well, theie’s nothing like living and learning. Dr. P. The Jewish congregation of Atlanta have bought the second market house, of that city, for $7,250, and will convert it into a synagogue. A violent hail storm near Lithonia, DeKalb county, Monday, injured cotton, corn and oats. The editor of the Hawkinsville Dispatch says tho thermometer was 99 degrees in his office, last Tuesday. Boully might as well got used to it, though. Excellent pasturage in the corn and cottton fields along the railroad from Macon to Haw kinsville, is reported by passengers. Peaches at 25 cents per dozen were the sen sation, Saturday, at Hawkinsville. We clip the following items from the Dis patch : Thiee Abbested.—Last Sunday morning, about 104 a. si., Mr. Tho3. Henley and A. Y. Carrell arrested, near Gum Swamp, a young man with several aliases, but lately known os Charles Roberson, who wo3 charged with rob bing, on the 24th inst, Mr. John Buchanan, of Irwin county, of between $350 and 500 in silver. Wo learn that tho young man was in tho em ploy of Mr. B., and was married on the 20th nst, at his residence; and that he availed him self of Mr. B.’s temporary absence from home, on tho 24th, to show his gratitude for previous courtesies extended him, by relieving his bene factor of all tho snrplus cash he could lay his hands upon. He seems, also, to bo a disciplo of Brigham Young, and a believer in Mormonism, as, at the time of his arrest, he was paying his addresses to a young lady, under the assumed name of Jack Davis; and it is reported, was engaged to be married to her at an early date. About $181 of the stolen money was recov ered, and the prisoner remanded to Irwin coun ty, the place where the offence was committed, for examination. Sudden Death.—Mr. C. O. Clark died at his residence, in this place, on the night of the 28th, of heart disease. He was just recovering from a serious attack, and was in town lato that after noon, apparently in better health than for some time past. He retired at an early hoar, when, having forgotten to take his medicine, ho re quested Mrs. G. to administer it. While sitting up in bed for this purpose, he suddenly feu back—dead! Anotheb Death.—Mr. J. T. Williamson, an estimable young man died at the residence of Mr. James Fleming, in this place, on the night of the 28th, of typhoid fever. Rain.—Goods rains were experienced in thin vicinity on Monday and Tuesday last. We had a sprinkle in town on Tuesday afternoon—bare ly enough to lay the dust. At Cochran there was a very heavy rain. The extreme heat of the past few days, has caused us to stand in need of rain here. The Dawson Journal, says: Ceof Pbospkots.—Information from planters of Calhoun, Webster, and Terrell counties, and also by parties who have traveled much in South west Georgia, and personal observation leads us to believe that the prospect for a good crop of corn or cotton is not at all flattering. A good field of com is an exception, and good cotton can be found only in small patches. The oot- ia at least one month behind, and will require the most propitious seasons to w»4« an average crop. We find tbs following in the Americas Re publican, of yesterday: * * * We understand that in Sumter. Lee, Dougherty and Mitchell, cotton is diseased from •zesasiva rains, and a good deal of it is perish- ing—Macon Telegraph d Messenger. So far as Sumter and Lee counties are con- earned, oar Maoon ootemporary has been mis informed. We have conversed with numerous fanners from both counties, and they all speak in the highest terms of the prospects of both eotteo and- com. From present appearances, we will have the heaviest crop of many yean. The Socthehn Fabk and Home. W. M. Browne, Editor. Published by J. W. Burke A Co., Macon, G».‘ "Two Dollars a year. The July number of this excellent magazine is out with accustomed punctuality. The Farm and Home is now well established in public favor, and every successive number proves the justness.of the commendation it has so general ly. receivedfrom the press throughout tho conn try at large. A" few extracts fjjom the mass of favorable criticism aro given in the advertise ment by .the publishers in another column, and to these, it gives us pleasure to call attention, adding thereto our own hearty commendation of the publication. Tho current number has an inviting table of contents—rich m -what re lates to farm economy, set off by the elegant, keen and discriminating criticism of the Editor’s Boole Tatlle. In relation to tho Farm and Horae Prizes, for the-best original story and poem, the editor says: - ’ The various original stories and poems, re lating to rural life which have been sent us as competing for tho prizes offered by the pub lishers of the Farm and Home, were submitted, the names of tho authors being withheld, to a committee of three gentlemen of learning, taste and high social standing, to decide which were entitled to tho prizes. The committee met on the 10th and 11th of June, read and examined most carefully all the manuscripts, and . after much deliberation, decided that .the prize of fifty dollars in money or books for “the best tale of Agricultural and Rural life,’’.should bo given to the writer of “The Wroog Phial and its Consequences,” and that tho prize for the best poem should be awarded to the writer of “King CottoD.” v Mr. Frank A. Nisbet, of Oswichee, Ala., is tho fortunate winner of both prizes. Tho contents of tho July number aro as fol lows : Frontispiece—an admirable likeness of tho'lato Charles$5ickens; Farm Work for the Month; Cotton Seed as a fertilizer' v Fencing in Live Stock; The Bcr.t Policy Limiters flionld Pursue; The Correct Length of Whiffle TreeB ;• Tarnips; The value of Drainage; India vs! American Cotton; Green Manuring; Cattle Plague in Europe ; Shelter for Manure; How to Improve Exhausted Lands; Necessity for a Mixed Husbandry; The Spado—Poetry; Batter Making; Letter from a Planter; Tho Hatchet on the Mantle—Original Stoiy; Letter from John Plowhandles; Forage Crops; Grape Cul ture in America; The Cotton Crop: Flour; The Ant; Artificial Stone; The Poultry Yard; Stable Economy— Cure for Founder and Staggers; Heaves in Horses; Comparative Value of Stock Food; Good Advice; How to kill Lice on Cut tle ; The Vegetable Garden; The Flower Gar den ; The Orchard; Lawns ; The Apiary for July —the Best Beehive; Domestic Receipts; Edito rial; Answers to Correspondents; Editor’s Book Table. * 3 ‘ The Rural Carolinian for Jnly. The great trouble in noticing the Rural Caro linian always, is to notice everything worthy of mention, and yet occupy only n reasonable space. This month we give up the task in despair, and shall only select some of the principal points. The number opens with a short and interesting sketch of Mr. Peabody, illustrated with a hand some portrait of that great philanthropist. This J Hartridge & Chisolm vs. Daniel Fry. is followed by an able article - on the value of j _ plaint from Muscogee. This ia turn is StirRE9IJB'*COCjBT DECISIONS., deltvebxd June 28. • S From the Atlanta Constitution. | R. L. Mott, plaintiff in error, vs. Hall, Moses & Co., defsndantsin error. Complaint, eta, from Muscogee. • : Cx, Beown, C. J. 1. If the plaintiff strikes the name of one joint defendant from the declaration on the trial, because be has failed to prove his joint liability, ttoFother -defendant may then file a plea in abatement if ho; wishes to show that the, person whoso name is ho stricken is jointly lia ble. But if defendant joins in the plea with the person stricken, the names of two other persons, alleging that they are also jointly lia ble when such plea as to them could only have been filed under tho statute at tho first term, such plea, as a whole, is bad, and it was not error in the Court to refuse to entertain it. •of the Sheriff, at the earliest. practicable day, to exhibit the affidavit to the person described \ow T therein ss being in possession of the land, and * w 1 to turn such person out of the possession there of, unless the person so in possession shall at once tender to the Sheriff such counter affidavit stating tbat be does in good faith claim a legal right to tho possession of said land, which oath the Sheriff is a competent officer to administer: Held, further, That if the person in posses sion of the land doeg not at once tender to the Sheriff such counter affidavit, unless prevented by tbe fraud or misconduct of. the Sheriff from doing so, (which does not appear in the record of this case) until after he has been turned out of possession, ho cannot afterwards file his counter affidavit so as to give the Court juris diction to award a restitution of the possession of the land under tho provision of the Code. Judgment reversed. binding when it is of such universal practice as to justify the conclusion that it became by im plication, a part of the contract. 3. When a great number of questions are asked in a single cross interrogatory, this Court will not scan the answers as closely as if such were a separate interrogatory. In such case if the whole*answer, taken together, is a substan tial reply to the'whole interrogatory, it will be held to be sufficiently full, though each question is not separately answered. Judgment affirmed. R. J. Moses for plaintiff in error. Peabody & Brannon for defendant. Floyd R. Hooper, plaintiff in error, V3. Atkins, Dunham & Co., defendants in error. As sumpsit, etc., from Muscogee. Bbown, C. J. 1. When an instrument in writing, containing a legal obligation to pay money, is sued upon, in an action of assumpsit, and is set forth i’n. hacc verba, or according to its tenor and effect, the declaration is not demurrable under our statute, though the instrument may be called a promissory note, when itia not such technically. ,2. An obligation to pay $500, though in the form of a receipt, which is stamped with a two cent stamp, is not legally stamped. Under the Act of - Congress, it should bo stamped with twenty-five cants before it is admitted in evi dence. , . . Judgment reversed. R. J. Moses for plaintiff in - error. Peabody & Brannon for defendants in error. Tommey&Stewart, plaintiff’s in error, vs. Joshua Ellis, et. aL, defendants in error. Equity from Newton. Bbown, C. J. When tho plaintiff in a judgment has taken the benefit of the homestead and exemption law and thereby exempted all his property from the payment of his own debts, a defendant in a judgment in his favor, who has a judgment against him and another, which was dormant when the bill was filed; and has since been re vived, has an equity springing out of the facts of tbe case, which entitles him to apply to the Court of Equity, to have the judgment in favor of the person taking the benefit of the home stead and exemption enjoined until the two judgments are set off against each other; and it was error in the Court below to dismiss the bill on demurrer for want of equity.' Judgment reversed. John J. Floyd for plaintiff in error. Clark & Face for defendants. ■ 2 The custom of any business or trade is .Blanford & Thornton for plaintiff in error. - - ’- - • • ■ -jj LLTi. Benning and W. Ru-sSel'for defendant. John J. Rutherford, assignee, vs. Catharine A. Wright. Garnishment from Bibb.. Wabneb, J. When a motion was male in the Court below, in behalf of a jndgment, creditor of Catharine A. Wright to enter judgment against a garnishee for the plaintiff's debt, which was resisted on the ground that the fund in the hands of the garnishee had been set apart as a homestead by the Ordinary of Bibb county, on the application of the defendant in the judgment; and on the hearing of the motion the plaintiff proposed to attack the judgment of the Ordinary by offer ing evidence, that at the time of the application by the Ordinary of Bibb county, for the home stead exemption, and at the time of its approval by the Ordinary, that the applicant therefore, nor her husband, resided in the county of Bibb, and had not resided in that county for several years, which evidence was rejected by the Conrt. It also appears from the record, that the plaintiff in the judgment did not have any actual notice of the application for homestead, and was not represented before the Ordinary, bat that notice of the application was twice in serted in tho Daily Telegraph and Messenger newspaper: Held, That, according to the. provisions of the homestead act of 1863, the applicant there for must apply to the Ordinary of the county in which lie or she resides at the time of making such application in order to give the Ordinary jurisdiction, and that if the aoplicant for a homestead was not a resident of Bibb county at the time of the application therefor and approval thereof by the Ordinary, then the Ordinary of that county did not have jurisdiction to hear and allow said application, and the plaintiff in the judgment should have been permitted on the trial to prove that the applicant was a non resident of Bibb county at the time of tho ap plication, in order to show that the Ordinary of that county had no jurisdiction, Judgment reversed. John Rutherford, Lochrano and Clark, for plaintiff in error. Nesbit & Jackson, M. B. Gray, by C. Lanier, for defendant. Corn- Sugar Cane as a seacoast crop, followed by a very elaborate and interesting essay on guano and its uses. Two articles on grasses, one in favor and the other opposed to their cultivation, give light on that question. Facts and Figures for rice planters is worthy of special mention, and Col. Aiken gives two first rate articles on the mule and the Mississippi valley. The usual large amount of valuable cor respondence, numerous contributions on differ ent subjects, and the editor’s invaluable notes and suggestions help to make np an amount of reading matter which will correspond favorably with the contents of any similar work. A fine en graving of an Ayrshire cow, a full size wood cut of the Julien apple, and a pioturo of the new or namental edible plant, called the “Polymnia Edulis,” are among the many elegant illustra tions. Price only $2 per annum. Address Walker, Evans & Cogswell, Charleston, S. C. Life Insurance. The Soriptnres inform us, that “if any man provide not for his own, especially those of his own house, he hath denied the faith, and is worse than an infidel.” A conscientious, reli gious man, reading this injunction, will begin to inquire—“Have I provided for the wife of my bosom and the children of my loins ? Should I die to-morrow, are they saved from want and its accompanying evils ? When I am gone, will this table still be spread for them; or will they in their helplessness be compelled to appeal to cold hearted charity, or drink the cup of bitter or almost profitless toil?” He who lores bis family will not hesitate to make the necessary provisions against these contingencies. The celebrated preacher—Dr. Camming, of London—has wisely said in one of his brilliant lectures: “The assurance of life is one of the most Christian things I know. It seems to me a beautiful illustration of bearing one another's burdens. And therefore, let every young man entering upon life, every head of a family, whether high or low, set his house in order so far as to assure his life.” It seems to u3, that when the good man comes to die, he will depart with a calmer spirit, if he feels that his loved ones are cared for, than if he knows they are about to be cast npon the charity of an unfeeling world. Appropos. Wo have in Macon one of the best Insurance Companies in America. Parties desiring to insure their lives ought by all means to take a policy in the Cotton States’ Lite In- subance Co. See advertisement. Clinttanooga News. The Times, of Wednesday, has the following: Habd Up fob Jueobs.—We understand that at the sale .of the Alabama and Chattanooga lots on Monday, tho Sheriff was in attendance, and os fast as the lots were sold he summoned the purchasers for jury duty. Wo call this running the thing into tho ground. CoarrABATirE Fbeiohts.—The Nashville Ban ner says parties in Atlanta write to tho agents in that oity, that they prefer to ship wheat from East Tennessee, as tho rate per bushel over the East Tennessee, Virginia and Georgia road is only fifteen cents from Nashville per tlie Nash ville and Chattanooga road. Ticket Agent.—Thero was a meeting of rail road ticket agents in Knoxville yesterday, to take into consideration the subject of passen gers’ fares from Eastern cities, from points Southwest. Abbested.—We understand that our city po lice have succeeded in arresting five of the ne groes implicated fit the rape, a week ago, of two ittle girls, on tho line of tho Alabama and Chattanooga railroad. They were lodged in jail to await trial. It will be remembered that one of the perpetrators of this horrible outrage w#s caught and executed on the spot. True To Ills Lineage. Waitee Ii. BuTT.ETt, nephew of his unde, true to the traditions and instinots of his race and blood, has been locked up in a New York station house for walking off with half a dozen silver spoons belonging to the mother of his sweet heart, while dining with the family reeontly. Having shown himself so : worthy the family name and character, Ben will doubtless hasten to get him a fat office under Grant. If Bollock should happen to want a yoke-fellow for Gaskill, •wo should think Butler was the very man for the place—provided, of course, he doesn’t object to the association. ^ j banUsJ- An English lady travelling in France was stopping at the Grand Hotel du Louvre, where English is spoken fluently, according to the ad vertisement, by all the waiters. Hearing of the prevalence of the small-pox in the city she rushed frantically to the office, and demanded of the clerk: “Is the small-pox here ?” “Not yet, miladi,” was the reply; rive I send it up to mOadL” P°*. “as soon as it ar- McUAY, J, In a suit on a note made in 1364, when there was no plea of the general issues under oath, but there was a plea of the ordinance of 1S65, admitting and sotting forth a consideration for the note, but setting up that the plaintiffs ought not to recover therefor more than one hundred dollars, it was in error in the Court to charge the jury that they might scale the note its foil amount. R. J. Moses for plaintiff in error. Peabody & Brannon for defendant. A. Gaminell vs. W. K. Schley. Lien of livery stable keeper, from Muscogee. MoCay, J. A livery stable keeper has, under our law, a lien upon the horses of his customers in his possession, not only for the board of the horses, but for other accounts against the customers, in the line of the livery stable business, and this lien may be enforced trader the statute for en forcing steamboats liens. Judgment reversed. Peabody & Brannon for plaintiff in error. Ramsey & Ramsey and w. H. Blanford, for defendant in error. A. C. McGee and Elizabeth Hatcher vs. Mason Jones. Competency of witness from Musco gee. MoCay, J. In a suit on a partnership contract against the administration of a deceased partner and the surviving partner, the other party to the contract may, notwithstanding the death of one of tlie partners, be a witness, if it appear that tho contract was made with the surviving part ner, or with both the partners actually present and engaging in the transaction, and this is es pecially so if the surviving partner has himself been sworn as a witness. Judgment affirmed. Blanford & Thornton, Russell, for plaintiff in error. Peabody & Brannon for defendant. Plant ACubbedge vs. Eufaula Insurance Com- S any. Motion for new trial from Bibb. IcCay, J. Where an insurance was a risk upon the rail road, river, and by sea, from Macon to Savan nah, via the Ocmulgeo river, and was limited, by tho policy, to forty days, and the goods in sured were detained at Buzzard Roost by the unseaworthiness of the craft, in which, by the policy, they were to be shipped down the river so that it had to be unloaded and a new craft biilt, and the goods transhipped, and the com pany. by its written consent, agreed to the change: Held, That the detention, caused by the re moval of the goods, and the building of a new craft, and the transhipment to that, was waived by tho company and was not to be .counted in the forty days. When the verdict of the jury is right upon the facts, a new trial ought not to be granted, becanso tho jury have found contrary to the charge of the Court in a matter, not material to the finding, in view of all the facts of the ease. Judgment reversed. Lanier & Anderson for plaintiffs in error. W. Poe for defendant. J. B. Tanner vs. Isaiah Hillingswortb. Cer tiorari from Henry. McOay, J. A judgment in which an execution issued within seven years from its dale, is not dormant if there be a proper entry upon the fi. fa. within seven years from its date, even though the en try on'the fi. fa. bo more than seven years after the date of the judgment. 18. Arnold for plaintiff in error. S. O. McDaniel, Hill & Candler, for defend ant Charles F. Holmes vs. Booher, Fee & Co. Motion for new trial from Musoogee. Wabneb, J. When a motion was made for a new trial on the ground that there was no evidence to sup port the verdict, and it appearing from the evi dence contained in the record that thero was sufficient evidence to support the verdict, and no error in the charge of the Court to the *2.k That this Court, in accordance with its repeated rulings, will not interfere with the dis cretion, of the Court below in refusing to grant a new trial, and that ten per cent, damages should be awarded, as provided by the 4221st section of the Code. Judgment affirmed, and damages awarded. R. J. Moses for plaintiff in error. Peabody & Brannon for defendants. G. W. Martin, ft al., vs. Jesse Wall. Motion for new trial from Muscogee. Wabneb, J. When S made an affidavit in accordance with the provisions of tho 4000th section of the Code for the removal of W, an intruder, from a cer tain described tract of land, and the Sheriff had executed the process placed in his hands by tbe removal of the alleged intruder, and had placed the party making the affidavit in posseamon of the premises and the next day thereafter, W, the alleged intruder, made a eounter affidavit and tendered the same to the Sheriff, wbicb-he refused to receive; whereupon, at the next term of the Superior Cdhrt, a motion was made tor an order requiring tbe Sheriff to show cause rest to be tried on the 3d of August, why he shonld not restore the possession of the land to the party making the counter affidavit, at the time as before stated, whieh motion was allowed by the Court: Held, That when an affidavit is made for the removal of an intruder in powension of land, as provided by theOode, that it is the duty No* «naTO,7a' . A\ow i am getting oldl ’4 I young, and happjythongH»| e care, no anxiety to wdghV^O the energies of my nature u > and romped overkill and skipped and play^ ifS glee. A child of nature, n^ nt W J ignorant of right and wS “S’? and wrong that my pearled and impressed upon my , 0 ' 10:h «i heart. Mother! What <4 w U h f ^ 4iUerance ray themselves over a K ain ‘Ir 1 * 3 devotions bestowed by» !■ toother. What thoughts aa3 i tions of pleasure mother! AtTthe the man keeps the storehotS? f * and hud? caretuily shelved ti l" ? ^ care and devotion of mo-).,‘-‘" teachings to Ihp, stimd ^ ^ how she sought to mtic ones with this and that -the apple of her eye? Uil(l soul, the representatives of our primitive dignity and native eLf * mother sympathised with h-rf, ‘ their trials and rejoiced with A “ e JN pleasures; how her eye was dimm!? or lit up With joy. Here is used to sit mat the tabic hrifcS? is the httle spoon and knifcS^V me. 1 keep them stil!, and loot- if*! often the tear rises unbiddeaat5™*l that mother, lie an inhabitant of Silence. UI ‘fei ’ Then I was a. joyous school bov* - way morning and evenin? to school, four miles through ^ along a lone and narrow path.' ' well with books in bag anddim * 5 how I ve tread alone that uatlnrk B bow X walked the polaSfe how I stood half way on the poles the little>nny tribe as they withs*^ ed stood still and mow here and branch and played antics commit fishes. I often think of the swim • 1 felt as I listened to the ffl tbrougu the pme tops its whiaii* music—how JL often rested at the some majestic pine, and often wktai? from childhood to boyhood, and to. I passed. I became a man and it most an old man. 1 like to look b-iX the years of my fife, and think of tK of childhood, boyhood, and of tnanbi go over again the joys of ehildhwik and the pleasures t»f manhood, lfl! on the green again and watch mi u is onward and upward borne by tk breeze, and knock the ball, run the it; win or lose the game; and mankovl sweet and thrilling scenes—how 1 - k came with this and that young 1«; the dance I took their hand and n gracefully turned them in the « received in return their soft and „ smiles, and watched the blush tilt splendor on their beautiful cheeks, J fused its tints over the face and rdd neck and bust with the scarlet tell-tiiel What hours are those in manhood',* who can measure this bliss? TheliS touch sends a lTetime joy through tbp and past man or woman. As 1 nun old age let my mind be freighted t)| amusements, hopes and pleasures of did boyhood, and manhood. A fl Canned Meats. According to the statements hi bourne__ the business of preserving! export is turning out a profitable spe Several factories are in operation, ail mand for the article is rapidly inettte only in England and the contincr. 1 Australia also for local consnmic.'. | Melbourne Meat Preserving Cuipi he half year ending on the 2Sthofite put up 160,652 sheep and 580 head Jd the former costing £58,313, and tbrl £3,29S. The expenditure for wage. period was £84,213. The profit ■ ea at upwards of £11,000. This, boam depend upon the results of sales ml» which is a contingency liable to beg a fluenced by the condition of the oij rival. More than one consignment!;- a in a pretty bad condition, but the cod acquired by two years’ labor may b;: I come the difficulties met with at 41 The success of the business is iaii: f very beneficial effect upon the vaitij sheep runs. The new industry the downward tendency of the price il and not only prevent the contempta-] onment of several runs as unprr saved many owners from ruin, now paid for sheep is 7s. 3d. per 1 which it is not likely to fall, as one 1 pany in Melbourne has lately increi^ mand 6,000 head per week. A meat preserving factory has 1 lished in Texas, but whether rt ha; j paying affair or not we have mt 1 may be too early to arrive at any c but"the exalted price demanded!-! the Atlantic cities would appear af pretty good margin for the enter comparatively worthless herds; Southern prairies,shonld the sptq successful, would possess a value of their hides, ana would be a msts tage to thousands of households lous cities. Fireworks Explosion j Philadelphia, June 25.—Abonl (-J tt.is morning, an explosion occr.rre.i~T of John Bushier, on the wharf beoij street. The building was filled ri 2 * ancl in a few minutes the whole eSf was destroyed. James Walton. years, was passing the street at t;- 5 ! was blown some distance and se r:iC )j about the head, and his eyes »repr>j It is feared he will not recover- were promptly on the spot, acdCtejl a member of the Hope Ho-e, store with a branch-pipe, and W rl jnredby an explosion, caches ■ hospital in an hour afterward.^ 1*■■ of the Hibernia were also sligbt.r The proprietor of the store is ^ His store was burned out lasty®-• the Fourth of July. The origin o. P* mystery, as the store was but it is generally attributed » combustion. ; [second DESPATCH j Philadelphia, June 25.—Th« out a fourteen-inch wall betue®jv* and the adjoining one, occnpiw ■ ■ Bro., dealers in fruits and I Frederick L. Wade, 8no!ht- a expected to recover. About a sons were slightly injured. Thomas Ragland, administrator, vs. M. Barrin ger, et al. Assumpsit from Muscogee. Wabneb, J. When a snit was instituted on a promissory note, dated 25th December, 1853, and due twelve months after date, and the defendants plead the statute of limitations in bar of the plaintiff's right to recover thereon, and on the trial of the case the Court charged the jury “that if more than six years had elapsed from the time said note became due to th9 18th day of December, 1860, then the note was barred by the statute of limitations, and they shonld find for the defendants Held, That the Act of 30th November, 1860, winch provided for the suspension of the statute of limitations during the susupension of specie payment by the banks, which fact of tho sus pension of the banks was to be made known by the proclamation of the Governor, that the statute of limitations was not suspended from the date of that act, bat. from the date of the Governor’s proclamation, which was made on tho 18th December, 1860, proclaiming the fact that the banks had suspended specie payment in accordance with the terms and provisions of that act; and that there was no error in the charge of the Conrt below to the jnry on this point in the case. .. Jndgment affirmed. Peabody & Brannon, Smith & Alexander, for plaintiff in error: Ingram *£ Crawford, R. J. Moses, for defend ant. . A Horrible Record of Crimes and Casualties. St. Louis, June 27.—Two men, named Jor don and Bsiloy, engaged in cutting wheat ten miles from Knob Noster, in this State, got into an altercation about a quarrel between their children. Bailey drew a knife and threatened to cut Jordon, whereupon the latter struck Bai ley with a scythe blade, entering his back, passing through his heart, aud coming out in front, killing him instantly. Col. Thomas Bennett and Rush Wilson were knocked off the excursion train on the North Missouri Railroad, a few miles from this city, yesterday. They were instantly killed. Jacob Kohler was also knocked off, but was not dan gerously hurt The accident occurred while passing under a bridge. Johanna Sullivan and Hilbert Adams at tempted suicide yesterday, bat neither suc- eded. Christopher Swift was drowned while bathing in the river to-day. Memphis, June 27.—Harris Bailey, residing near Somerville, Tenn., poisoned himself and three children by giving them bed-bug poison, thinking it was wishky. The children ail died. He will probably recover. Louisville, June 27.—Charles A Handmaker committed suicide this evening by shooting him self through the heart He leaves a wife and three children. No cause is assigned for the rash deed. Omaha, June. 27.—During an attempt to ar rest Brainard Dorer, last night, for adultery, he stabbed Constable McLean, Colonel Miilhay and an expressman. McLean and Mulhay have since both died. Tho expressman is not dan gerously wounded. Dorer is now in jail New Yoke, June 27.—The number of trage dies are reported as usual, as having occurred in the city and suburbs yesterday. The most ex traordinary was the fatal stabbing of a young Frenchwoman named Jaiseau, by a jealous hus band, at Seventy-one \yest Ninth street. The murderer, Edmund Jauve, had suspected hia wife of infidelity, and at 9 o'clock last evening meeting his supposed wronger, ho plunged a knife into fits neck. Mrs. Jauve was taken to the station bouse with fior husband. She denies tho allegation against her fame. Yesterday morning a German named Daniel Lietohman was stabbed by Thos. Sheridan, a printer, ia Thirty-seventh street. The assassin ation was <fouo in the street, and the murdered man walked some distance, with his hands over his abdomen to keep his intestines back. He was carried in a dying condition to the hospital by tho police. Sheridan was caught and locked up. In East Sixteenth street James McNarus quar reled with his wife, chased her down stairs, nnd during her flight fired four shots at her. One of the bullets entered an opposite dwelling and took effect in the back of Mrs. Fitz Gibbons as she was lying in bed. The wound was severe. The free shooter was marched off to prison in Brooklyn. _ Thoma3 McKnighlin was shot in the right side in a house on Hudson avenue. Thomas Kerrigan and two others were arrested for com mitting the deed. Pbobable Fatal Duel.—A duel was fought on the Arkansas shore of the Mississippi river, four miles below Memphis, on Tuesday after noon, between George R. Phelan and James Brizzolara, two young lawyers of Memphis, with Colt’s navy repeaters, at fifteen yards, re sulting in Brizzolara’a being shot in the left breast and arm, perhaps fatally, on the second round. The difficulty grew, out of strictures of Phelan on the Democratic Executive Committe, of which Brizzolara was a member. 1 —■— St. Louis has a sensation. An ambitions mulatto woman, of some wealth, conceiving the purpose of marrying her daughters to white men, when aha found that one of them had se cretly married a mulatto, pursued the luckless pair in wrath and stabbed the bridegroom to the heart, killing him instantly. The victim is said to be a very worthy poung man. The name of the murderess is Holla mi, and (he ia under sr- The Southebn Cultivatob for July was re ceived yesterday, and includes in He maple pegea some seventy articles upon every variety of agricultural topic. Wat, * W. lx loam, Athena, Ga. End or the Income There ia a choru3 of appro* J country at the recent action «‘ regard to the Income Tax* * Ajpf fused, by an overwhelming pose any tax upon incomes; » ^ ing tax expires this year 1 jteaj the authorizing act, it folio* try is hereatter to be freed nop. impost. Nor is this all the i®. pie have a right to expect the current revenues, exceea^e ^i estimates, indicates that we -^l dispense with folly $3oiO(W' t , from customs; and it this be ^ country will very justly. pea! of the Income Tax 18 fy public exasperation at gd crimination in favor of c^l Let Congress give the counts' ^1 $100,000,000 of taxation.^. 1 Telegraphic dispetoh* rij* country report very warm At Albany the thermometer shade. At Lewiston, Me., •*’ up to 166. , On Saturday afternoon^ of the VUh most entirety ctoctsoyau • ing house* a* wwH **, burned to the g*® 0 *®- J be owt $74,600. The s* cM-foorih ei thek» " ( 1 i iliiii! lnHirn illMMi