Newspaper Page Text
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The Greoi’ft'ia "Weekly Telegraph and Journal <Sc Messeno'er,
Telegraph and Messenger.
MACON, JANUARY 31, 1871.
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As Wo Snspectcd,
It turns out now that Alien A. Barton, of
Kentucky, who has gone to San Domingo, as
Secretary to the United States Commissioners,
did not give Grant anything—all rumors to the
contrary notwithstanding. Hemerely attempted
to assassinate one of his neighbors in Lancaster,
Ky., and when the law reached out its hand to
harness him, bo bolted for Washington City,
howling “Ka-klux.” This, perhaps, would not
have sufficed to get him an office—for so many
of his sort are singing the same tune—but it
Uras proven that he had been guilty of the most
brutal cruelty to his wife, and had vilely slan
dered his sister-in-law, and that the former had
applied for a divorce. When these faults came
out, of course there was no farther question
either as to his loyalty or eminent fitness for the
position, and Grant hastened to sign his com
mission.
It is understood at Washington that when
Grant learned, after making the appointment,
that Butler’s wife was a “rebel,” and that
though very well off, he had compelled her, for
years, to earn her livelihood by teaching school,
he expressed great regret at not knowing this
additional recommendation sooner, so that he
might have made Barton one of the Commis
sioners instead of Secretary. His report might
then have been oounted on in advance. The
facts stated above are from the Courier-Jour
nal's correspondent at Lexington.
The B’s among the Radical leaders and lights
seem destined to earn tho lion’s share of infamy
for their treatment of women. There’s Bing
ham, who murdered poor Mrs. Surratt; Bowen,
the bigamist; Beast Butler, Roderick Random
Butler, who is on trial now for swindling the
poor widows of Bast Tennessee out of their pen
sion money; and lastly, Barton, the wife beater.
Beelzebub should bo proud of his initial.
Tlie President and His Party.
Washington, January 23.—It has transpired
that lately there has been an extraordinary
amount of canvassing and caucussing going on
between the President and Republican members
of Congress and prominent Republican politi
cians. To-day there were over twenty Repub
lican members who had interviews at the White
Honso, and some of them intimated the Presi
dent’s intentions as expressed nt theso frequent
conferences. IIo states that he is desirous of
taking all the means in his power to increase
the Republican strength in all tho States, and
hopes that the conflicting wing3 of the party in
Missouri, Virginia, New York, North Carolina
and Maryland may be in some way united. The
proposition made by him was generally en
dorsed, that all tbo old political organizations,
such as the Union League, eto., should be re
vived, with a view to reclaim such sections as
have gone over to the Democratic party. It is
developed, farther, that every effort is to be
made throughout all the States to counteract
the effect of the recent Democratic victory by a
general proscription of lukewarm office-holders
and a resort to such other measures os will put
tho Radical party on a better footing and bring
it again to the front—Washington Special to
Courier-Journal.
If the statement that Grant fjvorc, and the
Radicals intend reviving the “Union Leagues”
and other such secret political organizations,
and they are successfnl in their efforts, then a
long good-bye to peace and order at the South!
These leagues have done more to stir up strife
and breed bad blood among the white and black
people of tho South than all other agencies
combined Their deviltry has caused the form
ation of counter organizations, and thus was
inaugurated those evils and horrors which have
cursed almost every Southern community.' If
the negroes are to ber forced into these midnight
caucuses, where they are taught nothing but
hatred for tho whites, tho latter will band them
selves together, too. They all know what the
results of loyal league meetings and drillings
havo been in the past, and they will prepare
. beforehand to avert them. If Grant and his co
conspirators are in earnest in this atrocious
scheme, the doom of the negro race, as well as
of tho peaco and prosperity of tho South, is
sealed.
We speak these words with a full knowledge
of their terrible import, but we have no earthly
doubt of their fall vindication. The future
that-sees the politics of the Sonth in the hands
of secret hostile political organizations, will be
a future of blood, arson, anarchy and woes in
numerable.
The Southern Farm and Home.
The February number of this excellent peri
odical, published by J.W. Burke & Co., Macon,
has reached our table. Good and stored with
valuable information, as were the previous num
bers, the present one is better—containing
from cover to cover most carefully considered,
well written and admirably arranged articles on
subjects of the greatest interest to all agricul
turists, heeds of households, mechanics and lov
ers of literature. Tho Farm and Home is de
servedly in the front rank of agricultural papers,
and is well worthy of the support and patronage
of Southern farmers. It excels in typograpical
execution, quality of paper, and in its illustra
tions, as it does in its “brain work.” We should
like to know that it had a place in every house
hold. Any one item of information in any
single number is worth far more than the sub
scription price, ($2) for an entire year. We
will club the Daily Telegraph and Sfassenger
with this excellent periodical one year rer §11;
Weekly, §4. ___
Col. A. R. Lauab.—This gentleman, l&to the
editor of the Columbus Sun, is, we learn, at the
solicitation of numerous friends, a candidate for
the office.of Secretary of the State Agricul
tural Society.
We were under the impression that the office
in question had already been filled by the elec
tion of Col D. W. Lowis, bnt if mistaken, and
there is to be an election, we heartily commend
Col. L., for the position. Georgia has never
had a truer son than he, and ho has for years
illustrated with speech and pen, his entire de
votion to her and all her interests. He has
ability for anything, and we hope the members
of the Society will take his claims into serious
and favorable consideration..
Bcbke’s Weekly Magazine foe Boys and
Gikls—The first number of this periodioal in
magazine shape is before us, and is a very
tasteful pamphlet of forty-eight pages, pro
fusely illustrated, with an illuminated frontis
piece. The illustrated articles are, The Lost
Children, a fairy tale, by Maty Faith Floyd; A
Walk About the Forrest City, with views of
public buildings and scenes about Savannah,
and The Wonders of the Microscope. The
other contents are all fresh, original and inter
esting. It is a nioe book for the childron, and
does credit to the editor and publishers. Pub
lished by J. W. Barke & Co., Macon, Ga., at
§2 per annum. ,
A flock of wild turkeys, more than five hun
dred in number, congregated on the track of an
Arkansas railroad. A train approached, and
the engineer, having one minute to spare,
stopped to allow them to depart; but tho tur
keys surrounded the train, and walked up and
down the track on either side of tho cars, evi-
dently delighted at the novelty of their situa
tion. As there were no firearms of any de
scription aboard the turkeys were safe; but one
or two short, quick whistles from tho locomo-
time upset their calculations, and they lost no
timo in gaining ihe bashes, where they were
soon hid from view, and the train mo red on.
Cleab solid ice, fifteen.inohes thick, is now
delivering on shipboard at the wharves of Bath,
Heine.
“Tho Labor Question.”
The President of the Alabama Agricultural
and Mechanical Association calls a convention
of tho Farmers and Planters of Alabama to meet
in Montgomery on the 8 th of February next, ‘ ‘to
consider snch measures of relief from the losses
and burdens of tho present agricultural system,
as to them may seem best.” A correspondent
of the Montgomery Advertiser, addressing the
planters of Alabama, reminds them that tho
evils of a false and unwise labor contract sys
tem and of over-planting in cotton, cannot be
met by Alabama, single-handed, bnt there must
be a general convention of all the cotton States,
and ho therefore recommends that the call be
extended to embrace all these States. We sug
gest that tho time assigned for tho Alabama
convention (the 8 th) is too limited for adequate
preparation, and that of the Georgia Conven
tion, which meets in Macon the 22d of Feb
ruary, is better. Let the Convention, there
fore, assemble in Macon, and although wo aro
by no means sanguine of its ability to cure the
evils complained of, yet the agitation and dis
cussion of matters relating to plantation econ
omy is always attended with some benefit.
There is no subject which needs more thought,
study and discussion, but we look for a general
reform not through any pledges and resolutions
of voluntary associations, but in the necessities
of the case—in the accumulating experience of
agriculturists and tho natural tendencies to self-
accommodation to circumstances.
Agriculture being the only great Southern in
dustrial interest, it must yield fairly remunera
tive returns. W© are shut up to this conclusion
by the impossibility of accepting any other.
But, then, as to all the infinite details of tho
process, theso must be left to tho judgment of
tho individual planter himself; and w© all
know, in fact, that different men will work out
widely diverse results upon a system essen
tially the same. The farmer who leads his force
by indefatigable personal activity and diligence
—who supervises every department of his farm
and sees that everything is done well, at the
right time and with the least expense—is going
to show, at tho end of tho year, a different bal
ance sheet from his slothful neighbor who lets
things take care of themselves, or leaves them
to be looked after by one who has no overrul
ing interest in the result-
We in Georgia are perpetually talking about
procuring more “labor,” while enough of it is at
our own doors to make us rich if we will but
utilize it. We see a proposition agitated to send
for “white laborers” from North and Sonth
Carolina, East Tennessee and other parts of tho
Sonth; but aro they any better than similar la
borers in Georgia. Is it not a fact that in every
county there are largo numbers of . whites lead
ing an unprofitable life who ought to be at
work, and who if they could be induced to bring
their four bales of cotton apiece ard raise their
own supplies of com and meat, would be a great
benefit to themselves and tho community in.
stead of so many drones in the human hive ?
And how is this to be done ? Wo answer by
solicitation and example. Turn to work your
selves—set your able-bodied sons to work in
stead of learning all kinds of mischief in the
village groceries and lonnging places. Labor
is God’s ordination for keeping people, young
and old, out of want, sin, misery and shame.
You may bo worth millions, bnt if you find 1
nothing to do, blnsh for yourselves 'as those
who are wasting timo and violating the -grand
law of-natnro which enjoins activity as tho con
dition of healthful, moral and physical life.
U wo would all set to work, and each bring bis
contributionsthe common stock of wealth,
Georgia would soon bo rich and happy beyond
all precedent.
And that theso ideas aro not vain, impracti
cable and delusive, but are actually becoming
living realities, we. havb only to consider our
yearly cotton increase. In 1867 the Sonth pro
duced 2,019,774 bales of cotton. In 1869 she
produced 3,154,946 bales, and it is now con-
deded that tho crop of 1870 will bo somewhere
about thirty-five or thirty-six hundred thousand
bales. Now, all this time, taking the most fa
vorable view of the subject possible, we aro
obliged to concede that (ho volume of negro ag
ricultural labor has pretty steadily diminished.
Tho increase, therefore, is bound to bo tho
growing product of Southern white labor, sup
plemented by better culture and tho application
of manures. The number of drones and non-
producers is, therefore, yearly diminishing, and
if tho whole would take to happy and dili
gent industry, wo have no doubt they would
add many millions a year to the wealth of Geor
gia. This is the true labor question! Header,
do your individual devoir to solve it.
THE GEORGIA PRESS.
In a row at Watkinsvillo, Clark county, one
night last week, one man was shot dead, and a
negro named Alfred. Richardson wounded, but
not dangerously.
Angel A. Butler, of Jackson county, accident
ally shot himself and died ia a few hours, one
day last week.
The Constitution of yesterday says:
Hon. Nelson Tift left last night for Wash
ington City. We understand that after waiting
patiently for several weeks to get the Governor’s
certificate, he failed to get it. Why the Gov
ernor refused to give him a certificate we are at
a loss to imagine.- The subject of granting him
a e-irtificata was referred to Justices Brown,
Lochrano *nd McCay, bnt they failed to agree.
Mr. Tift, howevtw, obtained a certificate from
Judge Cotting, Secretary of state, showing the
official count of the votes in tv* Seoond Dis
trict.
Another fire'in Valdosta Friday night. Three
stores were burned. The contents of two were
saved, but nothing from the third. Loss not
stated.
The capital of the Augnsta Savings Bank has
been increased to §325,000—all paid in.
The Chronicle and Sentinel makes some very
just and forcible remarks upon the necessity of
enforcing the laws and establishing a correct
publio sentiment. We quote as follows:
In every section and in every county the peo
ple most establish a correct pnblio sentiment.
This public sentiment must be strong enough
to enforce the laws, and when the laws' are
deemed inadequate this- publio sentiment must
be made sufficiently strong and influential to
suspend publio action until the laws can be
amended. Every good citizen—every man who
loves his country—every patriot who trusts in
the principles of .self-government, must exert
himself to promote the majesty of the law and
the submission of the people to its edicts. - A
mere luke warm assent to these leading proposi
tions will not be sufficient. Society must be
assisted to recovery from the injury which past
irregularities have fastened upon it. To do
this will require the active support and aid of
every true man in the State.
-. Those organizations not known to the laws,
and those agencies which the past condition of
tho country havo called into'existence, must,
now that the necessity out of which they sprung
has ceased, be abandoned and relinquished.
We must learn again to look to tho law, and the
law alone, for protection. Every inhabitant of
the State must be brought to’feel that tho pro
tecting aegis of the law is sufficient for every
emergency and every want. The sooner we get
back to this, our normal political condition, the
belter it will be for all clasies of our people.
According to the Savannah Republican, Mc
Intosh county must be a very desirable residence
for a white man. A few weeks since, a German
merchant named Fisher, living in Darien, had
his store robbed of §600 or §800 worth of goods.
He traced the theft to two negroes, and applied
for a warrant to one Tonis G. Campbell, Sr.,
a negro justice of the peace, who is also Sena
tor from-that district. Campbell sent a negro
posse after the thieves, who returned without
arresting them, however. Campbell then pre
sented a bill for §73 to Fisher, which tho latter
refused to pay, and Campbell had him pat in
jail, whence he was released upon a writ of
^w^*«wsuedbjJud|e^86ion&^^
The Ontragcrs in Washington .and
- What They Demand.
Tho Tribune of Monday contains tho Wash
ington special on which tho dispatch in our Tues
day’s issue was predicated. It would appear
from this dispatch that most of theso clamorous
rascals are from North Carolina. Some heavy
representations are made of Ku-klnxing in
Georgia, but the old North State is the main
point of complaint and attack—North Carolina,
where tho outrages of those outrageous clamor-
ers for a season subverted all law, order and
private security, and where their infamous plots
and pranks havo driven tho Legislature to the
extreme remedy of impeaching the Governor.
Npw, why they.havo boon brought to Wash
ington by tho Radicals, and tho use to which it
is designed to put their testimony is sot forth
at length in the extract from the Tribune’s dis
patch, which wo subjoin. It will be seen that
tho Radicals propose to take the control of all
elections in all the States, out of the bands of
Stato authorities—supervise registries and elec
tions—do tho challenging—keep the ballot-
boxes—open and “scrutinise" the vote3—do the
counting—make the returns, and, in short, take
tho whole business in their hands—so that no
matter how the people vote the supervisors will
do the electing. Under this scheme, we frankly
confess Grant has got tho country dead. - His
immediate agents andpartizan3 “supervising”
the whole business will be very unfaithfnl to
their “duty in tho premises, if they fail to
count him in—no matter what may be the state
of the polls. “We appendthe Tribune’s develop
ment of tho scheme, with all the italics as they
appear in that paper:
Their efforts will culminate in an attempt to
extend tho power of Congress in the matter of
tho election of its own members, so as to give
it virtual control of all State or municipal elec
tions in the country. Startling as this announce
ment may be, it is, nevertheless, true, and two
bills having this object in view are now before
tbo House Judiciary Committee. Theso bills
propose tho erection of a system of supervision
by United States officers appointed by the Uni
ted States Circuit Court, over all the elections
held in either the North or the South, at which
Congressmen or delegates to Congress may be
chosen, notwithstanding State, territorial or
municipal laws to the contrary. In other words
it is proposed to assume that tho undoubted
power of Congress to supervise the election
of its own members when snob olections, or
registration for such elections, takes place,
can be extended so as to include a supervi
sion over registration and the canvass of votes
for every other office voted for at that elec
tion. The machinery of this system is com
plicated but perfect so far cs tbo objects to be
accomplished through its operations are con
cerned. From the'Oommissioners of the United
States Circuit Courts a Chief Supervisor of
Elections is to be appointed, whose duties are
described to be to receive reports from subordi
nate Supervisors, furnish necessary blanks,
books, lists, etc., etc., and to cause the names
of those upon any list whose register or vote
shall be honestly doubted to be verified by pro
per inquiry and examination at the respective
f laces by them assigned as their residences.”-—
t ia made tho duty of the subordinate Supervi
sors to attened the.sittings of the Boards Regis
tration in their respective precincts, and it is
provided that “every registration made under
the laws of any State or Territory for any State
or other election at which such representative or
delegate ia Congress shall be chosen, shall bo
deemed a registration within the meaning
of this act (and also within the meaning
of the Enforcement act), notwithstanding the
same shall also be made for the purposes of any
State, territorial, or municipal election.'' It is
farther made their dutyjto attend the election
held in pursuance of such registrations, “to
challenge any vote offered; to be and remain
where the ballot boxes aro kept at all times af
ter the polls are open until each and every vote
cast at said time and place shall bo counted,
the canvass of all votes polled be wholly com
pleted, and the proper ondrcqnisito certificates
or returns made, whether said certificates or re
turns be required under any law of the United
States, or any Slate, territorial, or municipal
law, and to personally inspect and scrutinize,
from time to time, apd at all times on the day
of election, the manner in which the voting is
done, and the way and method in which the
poll-books, registry lists, and tallies or check
books, whether the same are required by any
law of the United States, or any State, territorial
or municipal law, are kept; and to the end that
each candidate for the office of Representative
or Delegate in Congress shall obt cun the benefit of
every vote for him cast, the said Supervisors of
Election are required in their districts to per
sonally scrutinize, count or canvass, each and
every ballot in their districts cast, whatever may
be the indorsement on said ballot, or in whatever
box it may have been placedor found-," to for
ward reports of their proceedings to the chief
Supervisors, “and to attach to the registry list,
and any and all copies thereof, and to any cer
tificate, statement or return, whether the same,
or any parlor portion thereof, be required by
any law of the United States, or of any State,
territorial or municipal law, any statement
touching the truth or accuracy of the registry, or
the truth orfaimess of the election and canvass,
which the said Supervisors of Election may desire
to make or attach, or which should properly or
honestly be made or attached, in order that the
facts may become known, any law of any State
or Territory to the contrary notwithstanding."
They are also authorized and required, daring
the registration and election days, “to take, oc
cupy, and remain in such position or positions,
from time to time, whether before or behind the
ballot-boxes, as will in their judgment best ena
ble them to see each person offering himself for
registration or offering to vote, and as will best
conduce to their scrutinizing the manner in
which the registration or voting is being con
ducted ; and at the closing of the polls for the
reception of votes, they are required to place
themselves in such position in relation to the
ballot-boxes, for the purposaof engaging in the
work of canvassing the ballots in said
boxes contained, or as will enable them
to folly perform the duties in respect
to such canvass provided in ' the act,
and shall there remain until every dnty
in respeot to such canvass, certificates, returns,
and statements shall have been wholly com
pleted, any law of any Stato or Territory to the
contrary notwithstanding.” It is also provided
that the Circuit Courts shall remain open for
the transaction of business under those provis
ions of the act which impose penalties and fines
for interference with the duties of the Supervi
sors ; that United States Marshals shall appoint
special deputies for the protection of the Super
visors ; that the military and naval forces of the
United States together with the. civil posse com-
italus, shall be at the immediate command of
the Marshal for. the execution of these provi
sions.
It was originally intended by Jndge Churchill
that the foregoing should only apply to cities of
more than 20,000 inhabitants, and that super
visors should only bo appointed at tho applica
tion of two citizens who might. certify to the
Judge of the United States Circuit Court their
desire to have the registry, election and canvass
scrutinized; but at the suggestion of some of
the Sonthern Unionists referred to above, it is
probable that the bill will be so amended as to
apply to every section of the country, no matter
how sparsely settled, and that tho duty of ap
pointing supervisors will be made imperative.
BY TE LE GKR-AJPH-
Iteaee Negotiations—Contradictory Re
ports—Rcconstrnctlon Committee Needs
Reconstruction.
London, January 26.—Tho Germans have
abandoned tho seigo of Cambrai. The French
have inundated tho country around Dondy and
Arras. The German army in North Franco is es
timated at eighty thousand. Tho bombardment
of Longwy has been suspended. The Prussians
attribute the failure to a heavy fog. A Frenoh
anny corps is closo on tho Swiss border. The
headquarters of the Army of the South are at
Beaumont. A dispatch datedjflavro, 24tb, says
the Germans, after making a requisition of
forty thousand francs, shot four inhabitants
and carried off the Mayor and there Council-i
men, [name of place omitted.]
Turkey declares semi-officially that hence
forth she will rely upon herself for protection
and not upon the interests and. jealousies of
the European Powers.
London, January 26.—Tho Times has a
special dated Versailles, 24tb, saying that Jules
Favro is there preparing to surrender Paris and
garrison with the honors of war. The attack on
St. Dennis and the disaster of tho 19th aro sup
posed to he the cause of the proposition. The
Germans regard Favre’s terms as inadmissable.
Trochu is sick at Viney. Command’s dispatch
adds that the terms of the surrender will take
time. 'Hie Frenoh demands are too large. The
Times says editorially, if Favre refuses to capit
ulate on tho German terms, Bismarck has the
acceptance of them by Napoleon and the Em
press, and threatens to restore Napoleon.
Tho Conference has again adjourned for a
week. A resolution to confine discussion to the
Paris treaty was adopted.
Advices to the 23d say the presence of Favre
at Versailles is nnaonfirmed. The report is re
garded doubtful on change, and consols fell off.
Tho week’s adjournment of tho Conference is
attributed to the absence of the French Repre
sentative.
Still later advices announce the capitulation
of Longwy with 4000 prisoners and 200 guns.
Bismarck has been appointed Chancellor of
the German Empire.
"Washington, January 26.—Vinnio Reams’
statue of Lincoln was formally'unveiled last
night, and the public is pleased with it.
The Senate is on petitions and memorials and
the House on bounties.
The Kansas Legislature has elected Alexander
-Caldwell to succeed Ross in the Senate.
The elements composing the Reconstruction
Committee are so inharmonious that the com
mittee is virtually dissolved. No measure pro
posed can be sanctioned by the majority. There
is no disposition on the part of the Chairman
to call a meeting of tho committee.
Washington, January 26. — Heavy snow
northward interrupts travel and mails.
New York, January 26.—A special to the
Herald, dated London 25th, says there is tre
mendous excitement in this city at West End
over a rumored treaty for the capitulation of
Paris. Many doubt the truth of the report, and
this disbelief is increased by a rumor that Favre
is actually oa his way to London to attend the
Conference. It is said he is expected in London
at 2:15 to-day. This is improbable. On Change
there is an effervescing excitement. The mem.
bers are gathered in groups talking eagerly, and
editions of papers brought in are anxiously
scanned. Everything is rising yet but, little is
doing, as the members are too excited.
West End Clubs are crowded at unusually
early hours, and in omnibusses'and railroad cars
tbo subject forms tho one topic of conversation,
and calculations of all kinds are made among
French residents. General satisfaction is ex
pressed. Their opinion is that the news of the
capitulation is well founded, and they accept
the fact of Trochu’s resignation &s a proof of
its truth. Neighborhoods most frequented by
French refugees, Leicester Square and Soho,
presens just now a singular appearance.
Every street is fillod with groups of people
wildly gesticulating. Farther information is
eagerly sought for at the Foreign Office. At the
Prussian embassy nothing was known of the
capitulation at 1.80.
London, January 25.—A special to tho New
York" Telegram, states that alt the evening
journals confirm dispatches published by tho
morning pross of the snrrender of Paris. The
surrender on the terms suggested by Bismarck
is approved herojbv the press unanimously.
Tho committeo on defence has entrusted to.
Favro, I learn on high authority, to mako tho.
best'terms ho can, bnt to bring tbo conflict to a
close in any case. There is a general agreement
in official circles that the end is momentarily at
at hand n3 far as the defence is concerned.
Lisbon, January 26.—Tho Portuguese Gov-
'ernment have submitted a new financial policy
founded upon the renewal of tho tobacco mo
nopoly.
Copenhagen, January 23.^-Tho Minister of
War supporting Budget expressed tho belief
that tho condition of Europe is dangerous; that
the small powers, however peaceably inclined,
might be forced into war for the defence of
their independence.
Imperialists aro active, and the English Gov
ernment is known to favor tho restoration of
the Bonaparte dynasty under the regonoy. Ad
vices are allowed to leave Paris, endorsed by
influential residents, approving this termination
of the war. The Echo speaks authoritatively on
the question of the surrender, and a foreign
officer and messenger, which has arrived from
Versailles, has it that it has leaked out, and
brought the news of tho surrender, signed by
Favre and Bismarck.
The French Consul discredits the report that
Favre has arrived in Eagland.
Washinnton, January 26.—Senate.—The
Committee on Poatoi.'ces reported a bill for
bridging the Mississippi at Booneville.
The bill increasing pensions passed and goes
to the President. It involves an increased ex
penditure of §5,000,000.
The bill abolishing the income tax passed,
26 to 25. Blair voted no. This is a triumph
of Commissioner Pleasanton over Secretary
Boutwell and Delano. The vote was mnch
mixed politically.
In the House the Indian Appropriation bill
was discussed all day.
New Yobs, January 26.—A general snow
storm prevails. The mails are one and two
honrs behind time from the North,' with none
from the West.
Dr. M. A. Wolf, notorious abortionist, has
been convicted of manslaughter, and sentenced
for seven year’s imprisonment. Another in
dictment is pending.
Ice in the bay is unequalled for many years.
Grafz Brown’s Opinion of Frank
Blair.
At the banquet given by the city of St. Louis
to General Blair upon the occasion of his elec
tion to the Senate from Missouri, tho newly
elected Republican Governor, Gr&tz Brown,
was among the guests and speakers. In the
coarse of his speech he paid tho following high
compliment to Gen. B.:
Bnt apart from that I wish to bear thfs testi
mony, as I have been a colaborer with the hon
orable gentleman in many of his past actions,
as I served with him in the Legislature and
have been cognizant to a large extent of his ac
tions, I wish to bear this distinguished testi
mony that for perfect purity of character, for
perfect courage of charactor,he has not an equal
in the United States. During a long period of
pnblio life that has tried both of ns, he on one
side and I on the other, I say that his integrity
has stood all the tests, all the machinations of
politioal appliances in the land. I know that
when he goes to the Senate to represent you
there he will, represent you as a faithful man,
conscientious in his opinions, determined in
his ideas and pore in his character.
Mb. Fish will Remain.—Tho Son says Ham
ilton Fish will remain Secretary of State. He
has abandoned the idea of resigning.
Tlie News.
The London Times, of yesterday announces,
on the authority of a dispatch of the 24th, from
Versailles, that Jules Favre was at the German
headquarters, negotiating for peace, and even
assnme3 to give some information abont the
progress of the negotiations. Dispatches of the
25th say the fact that Favre is at Versailles is
not confirmed, bnt do not deny that peace ne
gotiations aro in progress.
To this event, no donbt, was duo the exoito-
margin the Liverpool cotton market yesterday
morning. Twenty thousand bales changed
hands at an advance of about a farthing. The
New York market was quiet at an eighth ad-
ince.
In the domestio news, we note that tho Con
gressional Reconstruction Committee sadly
needs reconstruction. Its various members are
so discordant in their views that the Chairman
declines to call them together. This is an-un
promising announcement- for the carpet-bag
howlers from North Carolina, and the whole
Grant-Bntler programme to seenro tho electoral
votes of the Sonthern States by browbeating,
purging, and ballot-box stuffing.
The Radical plan for securing the Southern
States to Grant in 1872, is developed at length
in an extract from the Tribune, which we'oopy
elsewhere. Although this scheme proposes a
general application over all the United States,
<be particular ginger in it, is intended for the
Southern States. We have no apprehension
that any such measurs can pass Congress. In
fact, it would probably provoke a civil war in
the Northern States. It would reduce the Presi
dential election to mere fraud and usurpation.
Yesterday was a remarkable day in point of
weather. A fine, cold, penetrating, misty rain
suffased the atmosphere and everything it fell
npon. The dampness found its way to the skin
in an incredibly brief time. Snch weather is
often felt on the Northern Atlantic coast, but
seldom in Georgia.
Gen. Dent, senior boot-jack of the White
House, has recovered from his severe contusions
caused by sitting down too speedily when a
small boy skated among him.
[Chicago Republican.
decisions of tlie Supremo Coart of
Georgia.
DELIVEBED AT ATLANTA, THURSDAY, JAN. 24, 1871.
From the Constitution.
John M. Hill, plaintiff in error, vs. John M.
Wilkie, defendant in error. Motion for now
trial, from Dawson.
Lochrane, C J.—Where a note was made
and delivered in tbe purchase of a mining pri
vilege at Pike’s Peak, in Kansas, on the Sab
bath Day, and suit thereon is brought in the
courts of this State, and there is no evidenc3 of
tho lex loci contractus produced on the trial.
Held, That the presumption of law is, that
the law of tho place where the note was made
is the same as our own; especially will such pre
sumption be made where a contrary presuption
would bo unjust to the Christian civilization of
the age and in violation of the deoalogtfe.
2. That as tho laws of this Stato forbid, under
penalties, sny violation of tbe Lord’s Day by
tho transaction of any business, trade or calling,
a note made upon the Sabbath Day, in pursu
ance of trade or business, will not bo enforced
by tho courts of this State under tho laws of
this Stato, as such a contract is void.
H. P. Bell for plaintiff in error.
Geo. D. Riea for defendant.
Samuel Montgomery, adm’r, etc., plaintiff in
error, vs. Sarah Walker, defendant .in error.
Proceeding against intruder, from Gilmer.
Lochbake, O. J.—Where a party makes an
affidavit under tho 4000th section of tho Code
against intruders, and the warrant is issued and
executed by the Sheriff, and a counter affidavit
is not tendered until twenty days afterwards :
Held,. That snoh counter affidavit does not
give jurisdiction of the case to the Superior
Court, so as to authorize the Judge to hear tho
case upon motion to dismiss tho warrant, and
restore the party ousted to possession.
2. Held, That tho statute against intruders
ought to be strictly construed, and that .an at
torney at law is not snoh an agent, without
special appointment, as would authorize him
to make the affidavit under the provisions of the
law.
3. Held, That the party put into possession
under a warrant, improperly issued on tho affi
davit of an attorney at law, takes no-benefit from
snob void warrant and process, and stands in the
light of the law as a tresspasser.
Judgment reversed.
Weir BoyJ, T. F. Green, M. J. Smith and G.
D. Rice for plaintiff in error.
H. P. Boll for defendant.
John Remley, plaintiff in error, vs. Charles
Dewall, defendant in error. Equity from Sum.
tor.
Lochbane, C. J.—When a bill for account
and settlement, dissolution of copartnership,
and appointment of receiver, and tbe process of
injunction has been filed in court, and by con
sent sf parties, the matters in controversy have
been submitted to an auditor, and his report by
consent made the judgment of the Court, and
the defendant fails to comply with such judg
ment in tbe premises, and retains the assets and
business of tho firm.
Held, That the award- and order of the Court
is not snch a judgment or decree for money, as
deprives the chancellor of all further control or
jurisdiction of the case, and compels tho com
plainant in the original bill to sne at law for tho
amonnt so awarded to him. But is such a set
tlement under the order of the Court, as retain
ed in the hands of the chancellor, full and un
questioned authority, jurisdiction and power to
enforce obedience to tbe mandates of the Court
by attaching the party for contempt?
2. When attachment ni si for contempt was
served personally by a constable, and process
was not attached to the original bill, or copy
served:
Held, That the service was sufficient to bring
the party into Court; and is not snch process as
requires to be annexed to the bill or copy and
served by a sheriff, deputy or coroner of the
county.
4. When a party, in response to an attach
ment for contempt, appear before the chancel
lor: *
Held, That he is not in a position to litigate
on claims of credit, or discuss the merits of the
demand. The naked question of contempt had
primarily to bo disposed of and the order of the
court in the premises obeyed.
5. Tbe matters of attachment for contempt:
Held, Tho order of the court requiring tho
-delivery of money in his hands oh pain of im
prisonment, was not ah infringement by the
cocstitntiional inhibition against imprisonment
for defendant, but is in the nature of the per-
formauce of a duty, arising under ths pleadings
in chancery, which holds the party amenable to
the power of the chancellor nntil discharged.
6. In the exercise of the power of the chan
cellor in matters of - oontempt:
Held, That this court will be reluctant to in
terfere with its exercise except thero bo a fla
grant abuse of it. The independence and integ
rity of the judicial office depends on the en
forcement of the processes and powers of tho
courts below, and the legitimate exercise of
them will be sustained by this court.
N. A. Smith, A. R. Brown, for plaintiff in
error.
S. H. Hawkins, Hawkins & Barke & Da Font
Gnorry, for defendant.
MoOay, J.—1. A charge of the court, though
erroneous, which does not affect the verdict, is
not a good ground for a new trial. _ ;
2. In an issue of fact, if there be evidence on
both sides, this court will not disturb tbe ver-
diot unless it be strongly and decidedly against
tho weight of testimony.
3. In cases coming under the ordinance of
1865 in violation of Confederate contracts, the
jury have a large diserteion in the adjustment
of tho equities between the parties under the
contract.
4. Section 3820 of the Revised Code prohib
iting tho presence of a party, his agent or at-
torriey at the execation of interrogatories to be
used ia a cause does.not apply when tbe witness
examined is a party to tho suit himself.
5. Partial evidence contradicting the terms
of a written contract is not admissable on the that the counsel for the” d'efe 1 ^l &Ulai
ground that tho contract is included within tho mnnspl tnr tv>« r,iai n «;«r..«... .. SDt *
scaling ordinance of 1865.
Judgment affirmed.
Welbom & Fain, John A. Jervis, H. P. Bell,
for plaintiff in error.
Weir Boyd, Geo. D. Rice, for defendant.
Ester Howe et aL, v9. Thomas C. A. Dexter, et
al., equity from Lumpkin.
It is only in a strong case, and when the ma
jority are clearly violating the chartered rights of
the minority, and putting their interests in im
minent danger, that a Court of Equity, will at
tho instance of a minority of the stockholders
in a corporation interfere with the management
of its affairs, and appoint a receiver, and in
snch a case a bill with mere general charges of
fraud, illegality or mismanagement is demura-
ble. Such facts must be stated, as will, if true,
clearly show illegal action by the majority, so
as to endanger the interests of the minority,
and make the interference of the Qourt necessary
for tho protection of their rights.
Judgment reversed.
George D. Rieo, for plaintiff in error. Wier
Boyd, John A. Wimpy, for defendants.
Fayette Hill vs. Tho State. Murder, from
Lumpkin.
When a party has been arraigned npon a good
bill of indictment, and the jury empanueled
and charged with the cose, qnd tho Solicitor
General alters the indiotment in the presence
of tbe foreman and some of the grand jury:
Held, That a motion for verdiot of acquital
ought not to have been granted by the conrt,
although the act of tho Solicitor General was
unauthorized and improper in the premises.
2. Under tbe Code'of this State, all excep
tions to the indictment for form, or for matters
that'may arise by special demnrrer, or by plea
in abatement or in bar, must be made in writing
preliminary to tho trial, and if not made at the
proper time are tt> be held as waived in contem
plation of law.
4. When the Jndge below caused the witness
es to have their testimony read over to them to
bo corrected, if necessary, in the presence of
the jury, or where the Judge himself suggested
correction of what had been sworn:
Held, That this practiee is not error, mid
that it is the right and privilege of the Jm
below to direct the progress of the trial,
see tho evidence is correctly taken down.
4. When dissolution is approaching, and -the
dying man haB lost hope of life, and his mind
feels the fall consciousness of his oondition,
the solemnity of the scene gives to his state
ments the sanctity of truth, and such dying
declarations, when made, should be admitted
in evidence and considered by the jury under
the charge of the conrt npon the law applicable
to them.
5. Leading questions under Section 3809 of
the Oode are within the disoretion of the Jndge
for the purposes of justice, and when the pre
siding officer of the court permits them to be
propounded:
Held, That the court will not interfere to
limit or restrict the Jndge in the exercise of his
legal discretion.
0. Whon the jury, after retiringto their room,
request tho Judge to recharge them, upon
some point of law in the case, and the Judge
Bnmmons them into court, and in the presence
of the counsel and accused complies with their
request:
Held, That such act is not error, bnt is prop
er in tbe discharge of liis official duty.
7. When the court, in a case of homioide,
charges the jury that when a killing had keen
committed, the law presumed malice, and it
was incumbent npon the defendant, to show
there was no malice:
Held, That this charge was a well settled rale
of law.
8. When the defendant’s counsel requested
the court to charge all the grades of homioide,
and the facts showed that the case did not rest
for the defense upon all the matters of law gov
erning homioide:
Held, That it was not error in the court to re
fuse the charge as requested. It is only in
coses where the facts require snoh charge that it
should be given.
9. When the omission to give a charge by the
court is supplied by tho Judge giving a more
favorable charge than the law of the case aul
thorized:
Held, That this omission was not error.'
10. When the facts of the case show that the
prisoner Bhot at the deceased, and killed him,
although no motion of anger or provocation is
proven, the law will imply malice from such
wanton and reckless trifling with human life,
and when the evidence sustains the verdiot of
the jury, this court will not set aside their find
ing-
Jugdm&nt affirmed.
Hawkins <fc Burke, Jaok Brawn, for plaintiff
in error.
G. T. Goode, B. H. Whiteley, Solicitor Gen
eral by N. A. Smith, for defendant.,
James O. Cntchervrs. John Jones. Motion for
new trial from Union.
Lydia Brightwell, vs. The State. Arson, from
Webster. . •
McCay, J.—Section 4318 of the Revised
Code, providing that “arson in the day time
shall be punished by a shorter period of im
prisonment and labor than arson committed in
the night” is directory only to the Jndge in the
exercise of his discretion as to tho number of
years ho shall sentence one convicted of arson;
and it is not necessary in the indictment to
charge that the offence was committed in the
day or in the night. ,
Judgment affirmed.
Hawkins & Burke for plaintiff in error.
S. Wise Parker, Solicitor General.
O. T. Goode for the State.
W. R. Statham vs. The State. Obstructing
legal process, from Webster.
MoCay, J.—1. An indictment for obstructing
legal process is not one of the cases which,
under section 4609 of the Revised Code, may be
settled between tho prosecutor and thedefend-
ant, nor is it within the power of the Solicitor
General, after the supposed settlement of such
a case, to enter a nolle prosequi of it by handing
a paper to that effect to the Clerk. A nolle pro
sequi, as it must go upon the minutes of the
conrt, must be made in the presence and with
the knowledge of the Judge; and in cases not
authorized by law to bo settled between tho
parties, must be by consent of tho Court.
2. The propriety of appointing a Solicitor
General pro tern., in consequence of the in
terest of the Solicitor General in tbe case, is
largely in tho disoretion of the Conrt, and this
Conrt will not interfere unless that discretion
is abused, and the conrt may appoint as Solici
tor General pro tern., a practicing lawyer of
tho Circuit who does not reside therein.
3. It i3 in the discretion of the court to per
mit leading questions to be pnt to a witness
who shows a reluctance to answer the questions
of the party who calls him.
4. When a Judge, in his charge to the jury
in an indictment for obstructing legal process,
told the jury that if the defendant acted against
or resisted the sheriff, either by physical force
or by argument, he was guilty, and the proof
clearly showed that he did resist by physical
force: • .
Held, That though the charge wa3 erroneous
in stating that the resistance might be by argu
ment, yet, as the verdict was clearly right under
the proof, a new trial will not be granted.
Judgment affirmed.
Hawkins & Barke, Thos. H. Pickett, for
plaintiff in error. lieu
C. T. Goode, Solicitor • oral, pro tern.,' for
the State.
Wm. A. Smith, and Jas. W. Looper, plaintiffs
in error, vs. W. L. Byers et ah, defendant in
error. Relief, from Dawson.
XWbner, J.—When a bill was filed by the
complainants as legatees against the defendants
as executsrs, alleging mismanagement of the
estato in their hands, and a breach of trust on
their part, praying for an amonnt, and tho ap-
poinlmentof areceivertotake chargeof thatrust
funds; and on the trial of the cause, it appeared
in evidence that the executors sold the estate in
1860 for cash, with which they charged them
selves in their returns to the Ordinary, but at
tempted to discharge themselves on the ground
that the money, or a considerable amonnt there
of, had been converted by them into Confide
rate money, which became worteless in Ibt-ir
hands. The jury found a verdicP*for tho com
plainants for the sum of five thousand and five
.hundred dollars to be paid to the receiver when
appointed, and dismissed the execatois from
their execatorship of tbe estate. A motion was
made for a new trial, which was overruled by
the Court. -
Hold, That it was incumbent on the Execu
tors, in order to discharge themselves from ac
counting for tho money received by them, by
the sale of the testator’s properly, to show to
the satisfaction of the Court, and jury, that the'
money in their hands had in good faith in the
performance of their duty as trustees, been re-
reoeived and invested by them, in Confederate
money, at a time when a prudent man would
have done so in the management of his own
affairs and that the question whether the de
fendants had so acted, was a question for the
jury under the charge of the Court.
Held further, That there is sufficient evidence
in the record to-question the verdict, and that
there was no error in the charge of the Court,
in submitting the question to the jury, nor in
the refusal of the Court to charge, as requested
by defendant’s counsel. The jury were the ex
clusive judges, as to tho verdict, and weight of
evidence, of the defendants themselves, who
were examined in their own favor.
Judgment affirmed.
W. L. Smith, J. N. Dorsey, Weir Boyd, for
plaintiffs in error.
H. P. Bell, Geo. D. Riee, S. O. Johnson, for
defendants.
Jos. D. Murphy, plaintiff in error, vs. Wm.
H. Greggs, defendant in error. Ejectment,
from Habersham.
Warner, J. When on the trial of an eject
ment, it was proved by a witness that the plain
tiff had admitted that a certain boundary line
to which defendant claimed was the trae bound
ary line between the parties—to rebut this evi
dence of acquiescence of the plaintiff, as to the
boundary lino between the parties, a witness
was offerod to prove that the plaintiff had re
peatedly said to him that he_was not satisfied
with defendant’s claim to the line set up by
them, and had always denied their right to hold
to that line—these declarations were made be
fore the commencement of any suit.
Held, That these declarations of the plaintiff
wore admissable solely on tho ground of rebut-
ting the plaintiff’s acquiescence in the boundary
line, as olaimed, and for no other purpose:
Held, further, That when,the jury returned
their verdict into conrt, and their names are
called over by the clerk, it is not such an error
in law as will authorize the conrt to set aside
tho verdict, to refuse, on request of defendant’s
counsel, to ask the jury if they have agreed on
a verdiot without stating some legal reason to
the conrt for making such request. .
Judgment reversed.
A. S. Irwin, Hutchinson & McMillan, H. P.
Bell, for plaintiffs in error.
J. F. Langston, J. B. Estes, for defendant.
William Webb et al, plaintiffs in error, vs. Bev
erly Parker et al, defendants in error. Equity
from Sumter.
Warner, J.—Where an aetion of ejectment
was brought in the Superior Conrt of Sumter
county, to recover the possession of lot of land,
No. 127, in the 27th district in said county, and
on the trial thereof a verdict was rendered in
favor of the defendants, and a motion was made
for a new trial, which was granted by the Su
perior Court, to whioh the defendants excepted,
and tho case was brought up to this Court on a
writ of error, and npon the hearing of the case
in this Court, it appeared from the evidence
contained in the record that the oopy grant from
tho State to William T, Scott, under whom the
plaintiffs claimed to derive their title to the lot
of land sued for, was to lot No. 107, in the 27tb
district, in said county, and. not to lot 127,
which was the lot of land aned for; and this
Court betog qf the opinio^(he evidence .fait
iffthe record before fi that " V ~~ ~
shoim no title to the lot EueVfn, r .^ Eti ffs
diet tor tho defendants v&Trll.' ,hat tk*, l
the judgment of the court below o*’ 8s . d reJ?r
trial solely on that ground alone ^
ment of this Court was made the ia,i‘ er thi
court below, the plaintiffs filed ts 8 ® eilto fUJ
now triad, allegingthat in lhe * bill fil
by tho State to WilCft^S 1
tho plaintiffs in the f , ‘t' under 2
to lot No. 127, anc? Iherewas
number of the lot ia the^onv^^ 6 ’ 11 tj
should have been to lot No i‘F/ thatfl
107, and that the plaintiffs in «£,*£* Cot b>J
now complainants, had no
mistdieiu the copygSmtuSffl?
and the signing and certifying the b n
lions to tins court The co 8 mp£^«3
counsel for tho plaintiffs thaUWiJ^tl
of the plat and grant to the lot of j£V»
pute, and that it would not be 13 ®1
plaintiffs to obtain one, as tho pinU 63 ?** *3
defendants would furnish it on tu ^ ; 0! S|
relying upon this statement of thp.wH
counsel, the plaintiffs did not procure
the grant that npon the trial the Counsel f Pj 1
defendants, in pursuance of said ag^,V®S|
furnish what purported to be JSf
original plat Mid grant issued from thakL*
ry of State s office remarking at the C*S
is a copy plat and grant, we make no ®
that, the counsel for the plaintiffs^'?
as was stated by the counsel for the dS
that it was a copy of the original dIm .J 5 *
in the lot of land in dispute, di/no*
examine it, and it was offered in evident
defendants demurred to the bill for
equity, which wassustaiaed by the conJ? 11
and the bill dismissed.
Hrfd, That the aHogations in compwl
bill make snch a case as entitles the
ants to relief on the ground of mistake ^
and misplaced confidence in the sta'^S®
tbo defendants’ counsel in relation to the
plant and grant, whether intentional or
wise; the more especially as the jud^W
this court reversing the judgment of itl*
below, was placed on the sole ground the
copy grant was to lot No. 107, as set forth
record then before it, but which is bow
to have been a mistake, and the lot in di
No. 127, was in fact granted to Scott
whom the plantiffa claimed and not lothV
Judgment reversed.
B. Hill, N. A. Smith for plaintifi
Hawkins & Burke for defendant.
Georgia Slate Agricultural (’on
* lion.
The State Agricultural Convention wfflt
in Macon on the 22d day of February. Th*a
lowing is the list of delegates as far as t!
havo been reported to the Secretary cij
Georgia Agricultural Society. The list wl«
increased as fast as additional reports com j]
LIST OP DELEGATES.
Bartow county—Dr. W. S. Leland, Genii
Warning, Thos. Tnmlin. 1
Baldwin county—S. J. Kidd, B.B.Atel
Carrington.
Bnllock county—John Grimes, S. E. Gro
W. A. Hodges.
Butts county—Dr. J. G. Elder, G. W. 1
ton, G. B. Elder.
Clayton county—J. W. Story, Eoberti
J. M. Huie.
Cobb county—Amos S. Way, Generali
Phillips, J. A. Birsaner, Robert Daniel.
Crawfod county—G. P. Culverhonse, ll
Ogletree, K. P. Moore. 1
DeKalb county—John C. Ragsdale, AriS
J. Beck, Simeon Smith. f
Effingham county—F. Grame, Jr., E. ^
Rahn, Amos F. Rahn.
Fioyd county—Captain A. Griffith, Dri
Newton^Joel Branhatn, Jr.
' Franklin county—T. T. Dorough, J. B.E
O. C. Wyley.
' Gordon county—W. H. Bonner, ElamC
tian, R. Garlington.
Gwinnett county—Eli J. McDaniel, Thss.^
Mitchell, Tyler M. Peeples. .
Laurens county—Dr. James T.
Elijah F. Black shear, Rollin A. Stanley.
Mitchell county—John B. Whitehead, fc
H. Spencer, B. F. Brimbeny.
Muscogee county—Wm. A. Cobb,E.&l
James M. Leonard.
Randolph county—Judge Wm.
Judge O. P. Beall, Colonel H. H. Jones.
Thomas county—John G. Delke,E.T.I
John Hambleton.
Clinch county—T. G. Ramsay, 8. W. 1
J. L. Stewart. '
Houston county—Col. S. D. Killen, tel
King, W. H. Norwood. I
Pierce county—B. E. Brantly, D. W. YVei‘1
J. O. Nichols.
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Jnne26-dws
-:>1
Oua Is visible Esnnrs—'The ntf,
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ougbly braces and invigorates Ah® f* .J
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found the best preventive. The opera w F
great vegetable tonio ia direct and simple- J
ujates and strengthens the digeatiw 1
organs and the nerves, and puts tb»
condition to resist tho action of thoes
foes of vitality, a low temporature an J
some winds and fogs. By quickening J
cial circulation, without creating ^;i
ing to fever, it imparts tone to the s nj
renders the surface of the body comp
pervious to unhealthy external jefluc-^.
See advertisement of Dr. Bo ti4
headed Book for the Million—
another column. It should be read by
jinSO-diwlf
Be convinced of the merits of a
medicine, by tiying the Old Carolina^
$1,000 Bewabd is v*.— — - nwC T»
Pieroe’a Alt. Ext. or Golden Medicw -
i medicine that will equal it in the «■»
diseases for which it is recommcnde , jj
are severe, scute or lingering coug *i
in its"early stages, bronchitis, "^ Ter
“biliousness,” constipation of the W> ' ^
Ions, diseases and skin diseases, a* J
pies, blotches and boils. It is sold__T
To era* dyspepsia, use tho Old Csro- ^
A remedy of Southern origin, compo^ #
era herbs of rare efficacy.