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Th.© Georgia/ "V^eekly Telegraph and Journal <Ss Messenger.
Telegraph arid Messenger.
MACON, FEBRUARY 7,1871.
Alter-Many Days.
Tho Hon. Joshua Hill, after a weary chase
has at last captured his prize, and is now a
United States Senator from the State of Geor
gia. The drift of the discussion, and more than
all, th© passage of the bill abolishing the test
oath except as to persons under the ban of the
14th Amendment, would 'seem to ind.cate that
his colleague, Dr. Miller, will also be seated,
and Georgia be represented in tbatbody fortho
first time in ten years.
Mr. Hill is known to be a strong Republican,
and an ardent admirer of Mr. Grant and his ad
ministration; so, of course, his voice and vote
may be pretty certainly counted on to support
all the administration schemes—the San Domin
go job, we supposo, included. "We do not be
lieve, however, that he will give his aid to any
more plots having for their object the further
humiliation and oppression of the Southern
people—though wo may be mistaken. The at
mosphere of the White Houso, and the seduc
tive influence of power and patronage have
often heretofore confounded, our estimate of
the stuff those exposed to them were made of,
and we shall not be too sanguine. Wo have
great faith, however, that Mr. Hill will assume,
and firmly maintain an attitude of conserva
tism and friendliness for his fellow countrymen
of the South. Ho is, if wo know him at all, an
honest man, emphatically, and the filth of no
job will soil his hands while he represents Geor
gia in the Senate. In this respect, at least, he
will offer a most pleasing contrast to the ma
jority of his Southern colleagues in both
branches of Congress, and for that much let ns
be duly thankful. _
Dr. Miller—if he gets in—will, wo judge, act
generally with the Democratic party of the Sen
ate, so that his vote, till March 4, at least, will
offset that of his colleague on party issues.
His term of office will be so short, however,
that little can be expected of him, but wo are
waranted in believing that everything ho does
Will be dictated by a sense of duty to the best
interests of Georgia and the South. He is em
inently conservative in his views and feelings,
and will oppose a steady front to the aggres
sions of Radical passion and hate. As between
TTin and Miller, and Farrow and Whitely, the
people of Georgia could not hesitate in their
choice. While the former do not fully repre
sent dominant political sentiment of the State,
the latter so totally misrepresent it, that we are
almost persuaded to congratulate the people,
not only on their defeat, but on tho triumph
even of Mr. Hill.
Respect For an Old Friend!
We are speaking of Coal—not Old King Cole,
who was “a jolly old soul, and a jolly old soul
was he," but that black, hard and shiny sub
stance, wherewith we chunk Jack Frost, and
diffuse a bright glow and genial warmth through
our comfortable apartments in the coldest
weather. We have a profound respect for Coal.
The thought that, in respect to its mere antiqui
ty, our own years are but as dust in the balance
—tho pyramids of Egypt of yesterday’s com
pletion, and tho Adamic creation a thing com
paratively later than the surrender of Paris—
we say, this thought inspires a great respect for
coal every time we look at or handle it. The
thought that wo are burning fuel made count
less years before the garden of Eden was plant
ed, is or ought to be, itself, more “thrilling”
than any “yaller kivered novel” can pretend to
be.
These ideas recur to us on reading a paper by
Professor Huxley on the formation of coal.
Huxley says that in endeavoring to comprehend
the formation of a seam of coal, wo must place
ourselves back in the carboniferous epoch and
picture a forest of immense trees and gigantic
club-mosses, mare’s toils and tree ferns whose
Bpores with the bark of the trees, preserved
againstdecay by their resinous properties be
come carbonized in the lapse of time; but the
wood decomposes. Here, by long accumula
tion, the materials for the coal vein accumulate,
until depressed and submerged by water, which,
in turn, becomes the depository of sand and
vegetable sediment, which are finally converted
into the clay and shale found between the coal
Beams in what is technically called a “measure.”
Some of these measures in South Wales and
Nova Scotia have a thickness of fourteen thou
sand feet, and inclose eighty to a hundred seams
of coal—some of which were many feet in thick
ness, and each with its strata of underclay, and
sandstone, and shale. If we suppose one foot
of coal represents the growth of only fifty gen
erations of coal plants, then computing an aver
age of ten years for each generation to come
to maturity, it would require five hundred years.
And as the superimposed bods of coal in a
singlo coal-field amount, insomecases, to fifty or
sixty feet, tho vegetable material for the coal
alone would require 25,000 years in growing.
Hut as the coal itself is but an insignificant por
tion of the whole deposite, which may be be
tween two and three miles in vertical thickness,
Prof. Huxley maintains there is every reason to
believe that the whole deposite was the gradual
formation of not less than six millions of years.
We have great respect for coal on account of
its age. ...
How Quito Views It.—Last Saturday there
wa3 a debate in th > Now York assembly about
enforceing the Alabama claims against John
Bull. Calkins said:
Sir, I would say to England, “You have been
remiss in your duty toward us as a friendly pow
er by raising our rebellious subjects to an equal
war footing with us as a nation.
Calkins strikes at the root of the matter hero
in a singlo word. Had New York and the other
Northern States been content that the Southern
people should bo fellow-citizens with co-equal
rights, there would have been no “rebellion.”
Hut Calkins and the rest of them consider us as
"subjects"—subjects not only in respect to being
properly amenable to their will and authority
on all points—but subjects in the light of a kind
of moral and political vivisection, wherein we
wero properly and justly the sport of their ideas
and notions in moral and social economy.—
Calkins has got it historically right.
Was Just Begun !—An English dispatch says
Earl Russell expresses, publicly, the opinion
that war on the continent of Europe has just
begun. God send he may be wrong. God
keep us all out of it if ho is right. But we have
an idea that the current decade is going to bo
one of the bloodiest in human history. Woe,
woe to the people when kings, princes, poten
tates and politicians sport with war. The big
villains don’t feel its death and ghastly wounds—
its cold, hunger and all other suffering. What
ever happens they are taken care of. It is the
wretched people who are dragged up to the
slaughter—whose bodies artf maimed—whose
cottages are burned—whoso families are ex
posed to violenco and misery in all shapes—
whose little stores are destroyed or stolen, and
whose labor is mortgaged for generations to
pay for the waste and ruin.
Small-Pox in London.—The small-pox has
become epidemio in London. The rapid in
crease of mortality causes alarm. Tho deaths
from this disease which, in the first week in
January were seventy-nine, in the third week
pereased to 188.
Publicly Denounced!
We see in tho columns of a city contemporary
that tho Telegraph and Messengeb has beon
publicly denounced by “a meeting of citizens of
Macon, of German descent or parentage,” on
account of an article in our paper of the 31st
nit., under the head of “Europe’s Shame,” “and
tho previous publication of other similar and
unwarrantable attacks upon the German ele
ment of our city,” (which we deny); and tho
meeting earnestly recommends “all our brethren
to withdraw their patronage from the Tele-
geatii and Messengeh for tho cause set forth,”
and declare that it deserves no support at their
hands.
Recognizing to the fullest extent the right of
the Germans, and of everybody else, to do
whatever they will with their patronage, the
occasion is a fair one to speak a little as to the
course of ibis paper on this subject, the result
of it, and tho general philosophy involved in
this public denunciation of the Telegraph
and Messenger for views expressed in relation
to tho event and course of a foreign war.
And first, in relation to the course of the Tel
egraph and tho result of it to this paper: We
have fivo writers connected with this paper, and
writing to a very great extent independently.
Indeed, not once in perhaps twenty numbers,
does either one of them know what has been
written by his colleagues, until ho sees the
printed paper before him the next morning.
This may not, perhaps, be the best manage
ment, and it sometimes involves a degree of
conflict—but opinions vary, and the Senior,
who is erroneously supposed to do tho larger
part of tho writing, has lived long enough to
know that he is just os liablo to be mistaken as
anybody else, and to like to hear and read all
sides. The man who cannot tolerate an opinion
or sentiment not his own, and must “stop his
paper” because he reads one in it, is poorly set
to work, and has plenty to do. He is enlisted
in an endless fight, and his misfortunes must be
as great as his head is empty.
Now, it has actually happened that in conse
quence of this diversity and independence of our
writers, the views expressed in the Telegraph
upon this Franco-German question, have been
as wide asunder as the poles. In the first place,
we have, as a regular Foreign Editor, on enthu
siastic mid intelligent young German, who hates
France as Satan is said to hate holy water.—
Every week he has furnished an elaborate paper
on the war, and although we will do him the
justice to say that, knowing his failings, he
bridles his pen to some extent, yet his amor pa-
trice ever gets the better of him, and wo may
say we have published regularly every week, an
editorial defence of the German side of the
question in all its aspects, and very able and
interesting papers they have been—and very
worrisome to tho adherents of Franco in this
town, who have threatened to whip him, if he
did not stop. Very annoying too, have they
been to some of our out of town readers—two or
three of whom have stopped their papers, in
consequence— swearing that they would support
no such “d—d Dutch organ.”
Then, secondly, there are considerable diver-
’ sities of opinion on this subject between the
three editors, who are also proprietors, and
each of them having written to suit himself,
independently, without let or hindrance, have
all uttered opinions more or less conflicting.
But, thirdly, on the 21st of last September,
the local and financial editor took it into, his
head to extend the limits of his jurisdiction
beyond the city, and in an article of length and
ability, took up this very point of protracting
the war beyond the capture of Sedan and tho
downfall of the Empire, and defended the course
of Bismarck and Germany with the greatest
ardor, although well knowing that the general
editors had repeatedly condemned the same
thing as contrary to sound policy—contrary to
the declaration of King William, and likely to
result in such a disturbance of the European
political balance os to involve muoh bloodshed
and trouble in the future. This piece stirred
up much discontent among our readers, nine
teen out of twenty of whom, as we supposo,
sympathize strongly with France—more espe
cially since the unparalleled military disasters
which have befallen that gallant but ruined
people.
Thus, we see that this German meeting had
no reasonable ground of complaint, whatever,
even upon their own extraordinary ideas that
they have a right to denounce and proscribe the
American press for expressing unfavorable
opinions of the policy and conduct of the Ger
man Empire in waging a foreign war. The pa
per had given strong utterances on all sides of
the question, and it was a topic upon which the
freest opinion had been tolerated. It was not
a subject on which it designed or was required,
in any shape, to commit its editors to a single
opinion. .
But we come now to the second branch of the
subject, and inquire of these gentlemen, upon
what views of the rights of the American press
—their duty as American citizens, and their in
terests as members of Southern society, they
presume to publicly denounce the Telegraph
for reprobating, in the strongest terms, the
subjugation of the French people—the practical
extinction of French. Republican liberty—the
annihilation of France, the most benign and
liberal Continental power of Europe—the
blind infatuation or timid fear of the rest of
the European powers, which have stood by and
permuvoa this to be done—the awful barbari
ties and cruel auctions and robberies which
have characterized the process—and the terri
ble future of almost universal Continental re
construction which, in the apprehension of en
lightened mankind, is opened by this fell catas
trophe, in which the best blood, even of the
German people themselves, will be a libation to
the ambition of the Muscovite and the Prussian
to dominate over Europe ? Do they propose to
establish in Georgia by moral force a censor
ship of the press which Bismarck energizes by
chains and dungeons?
But let us do justice to the Germans in Ma
con : Not a third of them sympathize with or
approve this extraordinary, absurd and pre
sumptuous proceeding. Many have called on
us to denounce it. The meeting undertakes to
speak for “the German population of Macon,”
but the assumption was altogether groundless.
Of our German readers in this city only two
have “stopped their papers” in response to its
demands. The Germans have too much sense
to set up any such ridiculous condition of busi
ness intercourse: If they should undertake to
limit their dealings in Macon and surrounding
country to those only who sympathize with
Prussia in this war, trade would be scarce with
them, indeed.
Some of our best citizens have urged us, as a
public duty, to reply to the denunciations of this
meeting in the excoriating language which such
pretensions merit. But we shall decline to do
it. The meeting was small, and we have no
doubt this action was conceived without any
serious consideration of its character. He who
finds the reading of any newspaper disagreeable
or unprofitable, can, of course, stop it without
reasonable offence to anybody. That is one
thing. But he who gets up a public meeting
and denounces a newspaper for the expression
of general opinions about a foreign war or any
other topio proper for public discussion, is doing
quite another thing. Everyman and every press
is entitled to hold and to express its opinions
within reasonable restrictions, which are defined
bylaw; and the man or men who dare set up
an attempt by public meeting to brow-beat the
man or dragoon the newspaper, is committing a
very grave offonce against public and private
liberty. His education may have been defec
tive and ho may not be able to see it; but tho com
munity and people at large will understand the
matter, if he does not; and his arbitrary and
impudent assumption will react upon himself
with serious effect. With those remarks wo
riigrrrisq the subject. Tho length of them is due
simply to ourselves. Nothing whatever is due
to that meeting, beyond censure and reproba
tion.
TIIE GEORGIA PRESS.
Major Thomas S. Allison, Paymaster of the
Department of the South, died of paralysis at
Atlanta on Wednesday.
Postmaster Dunning, of Atlanta, writes to tho
papers up there that McLaughlin, his defaulting
money order clerk, only embezzled §5,058 G3,
which he, the said Dunning, will replace.
Although we have seen no "notice of the fact
in the Constitutionalist, the Atlanta Era says
Jas. B. Bandall has retired from the position of
editor of that paper, and is succeeded by Col.
Jas. Gardner, its former editor.
The Atlanta Era, in announcing the admis
sion of Mr. Hill to his seat in the Senate, says:
Henceforth, therefore, wo shall oppose any
and all measures of Congressional interference
with the affairs of Georgia that would not be
equally applicable, under the constitution, to
Massachusetts or New York.
The Constitution, of yesterday,"’lias the fol
lowing items;
G. O. Connor, we learn, has been appointed
agent of the State Road at Dalton, and John S,
Reynolds agent at Chattanooga.
It is rumored that T. S. Nickerson, the great
hotel man, will soon reopen the National Hotel
in this city.
I. P. nluTiTg, late Treasurer of the State road,
has boon appointed agent at thi3 place of that
read.
Only one pathway in the city in which the
muefwas said to be kept beat down yesterday—
the one trod by applicants to the depot, for
“posish” on the State road.
The Columbus cotton receipts this season it
is estimated will reach 75,000 or 80,000 bales,
and the Enquirer learns that there is more or less
cotton still on hand on nearly every plantation
in that section.
The Enquirer says:
Singular Coincidence.—We chronicled last
week the death of James C. Love, a much es
teemed white youth of our city. On Monday
last, a colored boy of the same name, son of
Wash Love, died from the same disease and at
about the same age.
A Bad Beginning.—We heard yesterday of an
order received all the way from Pike for a car
load of corn. Is it possible, that from that land
of peace and plenty, of fertile and productive
lands, of brawny and vigorous mtricle, of fair
women and intelligent, far-seeing men, thus
early in the year comes the cry of “give us
bread!” We were in hopes that old farce of
five years playing, had about “played out.”—
Will the planting community never determine
to raise enough com for home consumption ?
Mrs. Jane O. Cook, of Columbus, is the an
thor of the “Old Homestead,” that very attrac
tive story lately published in tho Southern Farm
and Home, of this city.
Stockton & Co., of the Augusta Constitution
alist, propose to revive the publication of tho
“Southern Field and Fireside.”
Three thousand, two hundred and thirteen
bales of cotton, valued at §220,040.05, were
shipped from Savannah, for Liverpool, on Wed
nesday.
The following correspondence, which we find
in the Savannah papers, of Wednesday, is too
good to be lost:
Savannah, January 30, 1871.
T. R. Mills, Esq. :
Sir—Having been duly qualified Judge of the
First Senatorial District Court; the duty of
qualifying the District Attorney have been de
volved opon me; and your credentials with oth
er necessary papers have been placed in my
hands, directing mo to qualify you as such, when
it will be yourplesaure so to do; you will I pre
sume inform me at your convinanco.
Respectfully, etc.,
James M. Simms.
BY TBLBGKAFH.
Savannah, 31st January, 1871.
Eon. R B. BuUock, Governor of Georgia ;
Dear Sir—I have, through post of tbis day,
received from James M. Simms, yourappointee
for Judge of the First District, an official writ
ten notification under the seal of the State in
forming me of my appointment as District At
torney of the First Senatorial District. .
Whilst I should be pleased to fill tho office in
question under a Judge of high character, pos
sessing good legal attainments and intellectual
culture, I cannot for one second entertain the
monstrous proposition of accepting it under the
embryo. Judge appointed for the position. In
this connection I may say that I have no desire
to misinterpret the motive of your Excellency in
the appointment, but cannot refrain from the
opinion that it must have been done as a pur
posed insult to myself, and through me to the
bar of the Eastern Circuit. If I be correct'in
this opinion, I despise the effort. •
Whilst I have never known or seen James M.
Simms until about one month ago, I can safely
say that in his appointment yourExoellency has
done more to disgrace the Executive office of
Georgia than in any previous error of your ad
ministration. He is a disgrace to your Excel
lency, and his appointment a lasting memento
of an attempt by a Governor of Georgia to soil
and disgrace the judiciary of the State.
Under these circumstances your Excellenoy
will pardon me for herewith returning to you
my commission. - Very truly,
T. B. Mills, Jr.
Simms will be remembered as the insolvent
little mulatto who was a member of tho Agenoy
from Chatham county.
While Lieutenant Furcell, of the Augusta
police, was carrying a negro named Eph Tomp
kins to the guardhouse on Wednesday, the lat
ter struck him a violent blow in the eye, and
then closing, threw him to the ground. The
officer finally rose, and drawing his pistol shot
his assailant as he was running off. The wound
is thought to be dangerous.
We get the following particulars of the acoi-
dent by which Mr. Samuel McCombs, of Mil-
ledgeville, lost his life, from the Southern Re
corder of Tuesday:
About 5 o’clock Monday evening while Mr.
McCornb, accompanied by Mr. Biscbof, was
out driving a span of very fiery horses, they
became frightened and began to run, nearly
opposite the Federal Union office, and on turn
ing the coming at Mr. Ferry’s house, Mr. Mo-
Comb was hurled from the buggy, striking the
ground with his head and right shoulder, and
was killed almost instantly. The horses con
tinned to run, and about one hundred yards
further on Mr. Bischof was thrown out,
scratched and bruised a little, but not seriously
hurt. The horses ran with the fragments of the
buggy through the Central depot yard, leaping
into Mr. Bivins’ garden and finaly stopping in
his yard by getting a tree between them: This
sad accident is made still sadder by the circum
stance that this is the second member of this
family that has been killed within a year by
run away horses.'
The Chronicle and Sentinel, of Wednesday,
SAys Colonel William Johnston, Fresident of
the Charlotte, Columbia and Augusta Bailroad,
and Mr. A. H. Davega, of Chester, S. O., were
arrested on Saturday, in that city, and bound
over in the sum of $2C0 to keep toe peace. It
seems the parties were there for the purpose of
arranging the preliminaries to a duel. The dif
ficulty grew out of a personal rencounter a
short time since, in which Colonel J. struck
Mr. D. Mr. D. was toe challenging party.
The Graphic and Punch.—Messrs. Brown &
Co. send us the last issues of these two—in
their respective spheres—inimitable publica
tions. The Graphic has attained, within toe
short period since its establishment—one year
—a fame and patronage as the mpdel illustrated
paper of toe world that is fully deserved.
Funoh’s excellencies toe world’ knows by heart
—so not a word from us is necessary on that
score.
F. 8. The “galoot” who took the Graphio
from our table on Wednesday night and has
very characteristically forgotten to return it, is
informed that a subscription is being raised to
enable him to avoid breaking toe eighth com
mandment hereafter.
Washington, February 2. — Senate—Unim
portant business. The steamship subsidy bills
are to come up on the expiration of the morning
hour.
The House has passed a bill to provide for
the collection of the indebtedness of certain
Southern railroads to the United States Govern
ment.
The Outrage Committee is in session and ex
amining more North Carolina witnesses. About
fifty has been examined so far. Tho committee
is not expected to complete the investigation
this session, but will make a partial report be
fore its close.
Chicago, February 2.—The reported killing
of the peach buds by frost is untrue.
San Francisco, February 2.—A steamer for
Yokohama took 1,100 barrels of flour.
Bordeaux, February 1.—The Bordeaux Gov
ernment hag issued a decree ordering an elec
tion for members of the National Assembly on
the 8th of February. It disqualifies for an elec
tion to the Assembly members of families reign
ing over France since 1789—all who acted as
Imperial official candidates in past elections, or
held office as Senators, Ministers or Councellors
of State under the Empire, and prefects who
have accepted office between 1851 and 1870.
Jules Simon has arrived here.
London, February 1.—An official dispatch
announces that Bourbaki’s army, 80,000 strong,
entered Switzerland to-day. General Chausy
accepts toe armistice. The mails are re-estab
lished between Paris, Havre and Dieppe.
Madrid, January 31.—A grand review of
forty thousand troops took the oath of fidelity
to the King. It is stated that prominent per
sons identified with the former dynasty are im
plicated in Prims’ assassination.
Washington, February 2.—The expenditures
of the Government during January were half a
million dollars.
Tho Tennessee Congressman, Butler, intends
to sue the Chicago Republican for §15,000, for
slander.
The Cabinet makers are again at work to re
organize after the 4th of March it is positively
asserted, but the intention is denied in high
quarters.
The Boards of Trade, and other commercial
and financial institutions throughout the North,
are taking measures to seDd provisions to the
destitute portions of France. They will ask tho
Government for a vessel to transport provisions.
Blackburn was confirmed Collector of Sixth
Tennessee District. No nominations to-day.
Senate.—Saulsbury moved the reconsidera
tion of the resolution for toe relief of Franco
and Prussia, in order to correct grammatical
inaccuracies, disgraceful to toe Senate and toe
American people.
.The motion to reconsider was rejected.
The bill suspending the use of the present
spirit-meter was taken up. Several Senators
spoke in favor of the bill, as toe meter was in.
exact in reporting results and oppressive to dis
tillers. Objection being made to its present
consideration, the bill went over. The bill has
already passed the House.
The bill allowing same drawback to exported
brandy accorded to rum and alcohol, with an
amendment that toe drawbacks shall not be al
lowed until the law goes into effect, passed.
The bill dividing Virginia into two judisial
districts passed and goes to toe President.
Tho bill for a mail service subsidy in the Gulf
of Mexico was discussed without notion to ad
journment.
House.—The bill to provide for the collection
cf debts due from Southern railroad corpora
tions, and authorizing too Secretary of War to
compromise, adjust and settle the suits on such
terms as to amount of time and payment, os shall
bo just and equitable, and best calculated to
protect the interests of the Government, passed.
The bill extending toe time for tho completion
of toe St. Croix and Bayfield railroad elicited
much opposition to toe land grants, and the bill
was recommitted. It is equivalent to a rejec
tion, as toe committeo will not be called this
session. Tho vote stood 102 to 84. Daring the
discussion Kelly, of Pennsylvania, said ho would
vote for no original grant of land other than
such as would be necessary to construct a great
Southern trans-continental road. The people
of the South were entitled to such a grant, ahd
so he had said when interrogated by his constit
uents. Adjourned.
In the Senate a bill to allow toe Savannah
and Memphis Railroad Company of Alabama to
enter public lands was referred.
New Yore, February 2.—A special to the
Telegram dated London says: Tho Times, in
an editoziol, says the Bordeaux decree, ordering;
elections, will greatly jeopardize the continue:
existence of a republican form of government,
inasmuch as it will afford an irresistible stim
ulus to intrigue and conspiracy. The refusal
of toe ex-Empress of toe French to sign toe ca
pitulation is regarded by all classes and journals
with approval.
Albany, February 2.—A bill has been intro
duced in toe Senate forbidding the employment
of Chinese or Coolie labor.
New York, February 2.—A Herald special
dated London, February 2, says: The Times
comments on General Butler’s resolution, wel
coming Irish exiles, as unprecedented. If seri
ous it can only bo treated as an act of avowed
hostility. It cannot, however, regard it as
more than part of toe discreditable gamo pur
sued by unscrupulous politicians who are doing
their best to reduce the character of the Amer
ican Representative Government, and are anx
ious to secure the Irish vote.
London, January 2, noon.—Tho entrance of
Bourbaki’s army into Switzerland was effected
in accordance with a convention between Gene
rals Clinchart and Herzog.
A bureau for receiving and forwarding pro
visions to Paris has been established at Dieppe.
Supplies from all quarters are invitod.
A special dispatch to the Times, dated at Ver
sailles, says Bismarck is indisposed, and was
visited yesterday by toe Emperor.
Lille, February 3.—Tho Echo da Nord is in
favor of peace. It calls toe appeals for resist
ance made by toe municipality of Bordeaux
encroachments upon the powers of the Constit
uent Assembly. Meetings are being called in
Northern Departments, to nominate candidates
for the Assembly.
Le Progres, a newspaper of Lyons pub
lishes the programme of a Radical society
in Paris, founded by Rollin Delesclraza
and Peyrontox. It pronounces for a Bepublio
with one Assembly; an Executive to be chosen
and recalled by toe Assembly; the suppression
of a standing army and the substitution of mili
tia, comprising all citizens; a reduction of toe
Budget and toe abolition of titles and privileges
of nobility. It repudiates forever all wars of
conquest, and concludes with the demand that
no negotiations be made with the Prussians
while they remain on Frenoh soil.
The World’s special of London 1st, says a
letter from Col. Duncan Kentry, assisting in
the War Department at Bordeaux, represents
an immense reaction in official circles and
among the populace against too Provisional
Government. Ten millions of people would
vote for toe restoration of the Empire to-mor
row. France will refuse to continue war.
Mobiles arriving at Bordeaux shout “Vive Ie
Empereur.”
Before Bourbaki’s army reached Switzer
land many thousands died from starvation in
toe Jura. Fifteen thousand were taken prison
ers, including one hundred officers. Two Gen
erals were also captured. Ten cannon, seven
mitralleuses, two eagles, and only 8,000 men of
toe army of Bonrbaki escaped in the direction
of Lyons, with Menteuffel in pursuit.
Bordeaux, February 1.—It is reported that
Monteuffel has refused to recognize the armis
tice, and is disregarding the protests of the
French commander. He continues hostilities,
and is forcing the army of toe East to surrender
or retreat into Switzerland. General Clinch-
art, who now commands toe army of the East,
made a treaty with the Swiss Government, and
crossed the line with his whole army. General
Bellot covers toe retreat •
Liverpool, February 1.—Arrived, ship Glen-
dower, from New Orleans, with 3895 bales of
cotton; Valentine, [from Savannah, with 887
bales.
Berlin, February 2.—Only open letters for
Paris are posted.
Florence, February 2,—Tho Chamber of
Deputies by a vote of 232 to 291, resolved to
transfer toe Capital to Borne.
Zurich, February 1.—Tho 24th French corps
escaped thegrasp of toe Germans and moved
towards Lyons.
Decisions or tlie Supreme Court
Georgia.
of
Indiana and Domingo.—Daring toe past week
Senator Sumner presented to toe Senate, cer
tain joint resolutions adopted by toe General
Assembly of Indiana, protesting against toe an
nexation of Domingo or any part thereof,
and instructing their Senators and requesting
their Representatives to vote against it. The
third resolution instructs a certified copy to be
sent to Mr. Sumner for presentation, by him,
to toe Senate—whioh is about too severest con
ceivable blow at toe Senators from Indiana.
DELIVERED AT ATLANTA, THURSDAY, JAN. 24, 1871.
From the Constitution.
S. H. Mitchell vs. the State. Assault and
battery,, from Sumter.
Loohbane, C. J.—Where upon an indictment
for assault with intent to murder, toe prisoner
moves a continuance on toe ground of public
exoitement and sets ont in his motion that pre
judice exists against him by reason of tho prose
cutor being the editor of a newspaper, and was
keeping the caso beforo the public.
1. Held, That toi3 showing was insufficient
to take toe caso out of the gcnoral rules laid
down by this court governing applications for
continuance on the ground of prejudice and ex
citement, and that the statutory questions pre
scribed for person protects prisoners from prej
udice influencing their judgments upon toe law
and facts of toe case entrusted to their conside
ration ; and this court will not control tho dis
cretion of courts below refusing continuances
on this ground.
When the Judge asked the counsel for the
prisoner if they would consent to toe jury dis
persing during tho progress of tho trial, whioh
was given twice and too jury dispersed, and the
third time it was asked, prisoner by his connsel,
objected, and the jury was held together, and
there is no avorment of any improper act or in
terference with the jury:
Held, That there is no error in law commit
ted entitling toe party to - a new trial. But that
such enquiry by toe court is improper, that ju
ries, after being charged with the consideration
of the caso, onght.not to disperse and intermin
gle with the crowd; that such opportunity en
dangers toe purity of verdicts, and when allow
ed onght not to be done by toe request of the
prisoner’s consent in toe presence of the jury,
thus putting his assent in toe principle of mor
al duress, where his refusal might prejudice the
jury against him.
When a newspaper publication is presented
as the justification of an assault and battery,
and the Judge refuses, by his charge, to give
such publication toe effect of opprobrious
words spoken in the presence of the party, or
for holding toe saying, “I put toe publication
in toe paper as a man, and am responsible for
it,” is in effect within toe provision of the
Code:
Held, That toe Jndgo was correct in his view
of the law, and that toe statute only embraces
snob cases where the opprobrious words aro ut
tered in toe presence of tho party which in
their nature are supposed to arouse toe pas
sions, and justify under certain circumstances
to be adjudged by toe jury instant and appro
priate resentment, not disproportioned to toe
provocation.
Where n party, meeting another, is himself
the assailant, demanding explanations, apolo
gies, or using offensive language calculated to
provoke a difficulty, and toe party thus assailed
steps back, putting his hand in his pocket, and
toe Judge charged the jury, “that M. would
havo been justified only when H. endeavored to
draw a weapon, or make pretence of drawing
one out; if he struck before any effort or show
of drawing a weapon had taken place, and
struck because he pnt his hand in his pocket,
he is guilty of assault and battery:
Held, That such charge was a correct pre
sentation of the law; and that where a man
goes to another to assail him or demand expla
nations or apologies, or in anger uses offensive
words, and toe party so assailed, without proof
of some previous threats, steps away putting
his hand in his pocket, it is an unauthorized
presumption of law and fact that he has a con
cealed weapon, which ho is about to draw or
use, and that men must act on something more
substantial in appearance than this, that there
mast be some definite act, some apparent prep
aration to draw, and that he has in fact a weapon
to justify or palliate toe commission of violence
in the premises, and that the pretence of rea
sonable fears or right of self-defense from acts
like this, is an unwarranted pretext, the allow
ance of which by coarts wonld be to trifle with
human life.
Held, The facts in this case sustained the
verdiot.
Judgment affirmed.
Fort & Hollis, N. A. Smith, for plaintiff in
error.
Jack Brown, O. T. Goode, W. A. Hawkins,
for toe State.
procured by fraud, was a question of fact, te
be determined by toe jury under toe evidenco
submitted on the trial. On too trial of this
case in the court below, toe jury found a ver
dict in favor of. tho plaintiff for the sum of ten
thousand dollars. A motion was made for a new
trial, whichwas allowed by the court, to which
the plaintiff excepted:
Held, That there was no error in the court
below in granting tho now trial, on the ground
that toe verdict was grossly excessive. Under
toe evidence as sclosed by the record, tho jury
were not authorized to find a verdiot for vindic
tive damages, and wa3 the duty of the court
to have set it aside, as it was contrary to the
principles of justiceand equity; - whilst it is the
duty of too court to hold the defendant to a
strict performance ofthe obligation* and liabil
ities imposed by law, it is so toe duty of the
coat to protect too company from being wrong
fully plundered under the form and color of
law, and wherever it is apparent to this court
that junes, either from passion or prejudice
against incorporate companies, have rendered
verdicts which are grossly excessive, it will not
hesitate to set them aside and grant a new trial.
The legal and equitable rights of incorporate
companies aro to be measured by the same
standard in the rendition of too verdicts of ju
ries &3 those of natural persons.
Judgment affirmed.
Richard H. Clark, O. T. Goode, W-A. Haw
kins for plaintiff in error.
Lyon, DeGraffenried & Irwin, Joseph P. Carr
for defendant.
Samuel Blylass, et aL, vs. Geo. E. Clark, etaL
Refusal of injunction, from Sumter.
Loohrane, C. J.—When a party applied to
the Ohancellor for an order granting on injunc
tion, and the application was ex parte, and was
made and decided more than thirty days beforo
the provisions of toe last Legislature relative to
injunctions took effect.
Held, That such refusal of toe Judge granting
an injunction was in the nature of an interloc'
utory order, and not such a final judgment, de
cree or decision, under toe 4192d section of the
Code, as brought the case within toe jurisdic
tion of toe Court; and that toe motion to dis
miss toe writ of error in this case be sustained.
Writ of error dismissed.
C. T. Goode, T. H. Pecqnet, by N. A. Smith-,
for plaintiffs in error.
Hawkins & Burke, for defendants.
Wm. Pomblinton et al. vs. Wm. M. Hardwick.
Arbitration, from Snmter.
McCay J.—Exceptions to an award, on the
ground that it is contrary to the testimony be
fore the arbitrators and, therefore, illegal must
set ont toe testimony in foil and toe record
must show such a case of contrariety to the
evidence in toe award as to require inference of
fraud, accident or mistake in toe arbitrators.
If thero be any evidence to snstain the award
the exceptions will bo demnrable.
Judgment reversed.
C. T. Goode, N. A. Smith, for plaintiff in
error.
Hawkins & Burke, A. B. Brown, for defen
dants.
L. O. Wells et al vs. The Mayor and Council
of Atlanta et al. Injunction, from Fatten.
MoCay, J.—1. The power to contract for the
construction of Water-works for the city of At
lanta was, by the original charter of the city,
and by toe act of September 22,1870, conferred,
upon toe Mayor and Connoil of toe city, and
no portion of the powers over the construction
and management of such works passed ont or
away from the Mayor and Gonncil under said
act of September 22. 1870, until' toe Water
Commissioners, provided for by that act, as toe
successors in this respect of toe Mayor and
Gonncil, were not only elected, bnt qualified and
ready to succeed.
2. When a municipal corporation is, by its
proper officers, acting within the scope of its
powers, a court of equity will not, at the in
stance of a portion of the tax-payers of the cor
poration, interfere to restrain or control its ac
tion, on the ground that toe same is unwise or
extravagant. To snstain snoh interference, it
it must appear, either that the act is ultra vires
or fraudulent and corrupt.-
Judgment affirmed.
Mynatt & Dell, Collier & Hoyt, for plaintiffs
in error.
A. W. Hammond & Son, for defendants.
(Lochrane, O. J., having been of connsel for
defendants below, did not preside.)
A. W. Green, plaintiff in error, vs Southern
Express Company, defendant in error. False
mp.risonment, from Sumter.
Warner, J.—When an action of trespass for
false imprisonment was instituted by the plain
tiff against McCray and Mitchell and toe South
ern Express Company, in toe county of Sumter,
where two of toe defendants resided, and toe
defendants appeared by their connsel and filed
their joint plea to the merits ofthe action,
without exoepting to the jurisdiction of the
court.
Held, That it was too late for toe Southern
Express Company, one of toe defendants, to
object to the jurisdiction of tho court on too
appeal trial of the oause, although the verdict
of the jury on the first trial was against that de
fendant alone, and toe only party entering toe
appeal.
Held, also, That toe Southern Express Com
pany, as a corporation, is liable for toe acts of
its officers and agents, when acting in toe
sphere of their appropriate duties, and that an
agent of Said company who arrested toe plain
tiff, who was suspected with having stolen
money from toe company for the purpose of re
covering toe money so stolen for the benefit of
too company, was acting' within the sphere of
his appropriate duty as the agent of said com
pany, and that toe arrest of too plaintiff 1 by
snen agent under toe circumstances set forth
in toe reoord, was not such a willful trespass on
toe part of too agent as will exonerate toe com
pany from liability for toe conduct of their
agent in making the arrest, the more especially
as toe company, after toe arrest and discharge
of the plaintiff, recognized toe authority of their
agent to make toe arreBt, by endeavoring to
prooure a release from too plaintiff for the
damages sustained by him in consequence of
such arrest and imprisonment.
• Held, further. That whether toe release In
the record mentioned was a valid release, or
Windsor & Jowers, plaintiffs in error, vs Per
ry H. Oliver, defendant. Case from Sumter.
Warned, J.—When an action for slander was
brought by tho plaintiffs, Windsor & Jowers as
merchants and planters, against toe:defendant,
alleging that they were honest, reliable mer
chants, baying and selling goods, wares and
merchandise, and making frequent purchases
by toe wholesale and otherwise, from merchants
in the city of New York, and having good credit
in said city, and that toe defendant, on toe 6 th
day of January, 1868, in the city of New York,
wickedly intending to destroy the good name and
credit of tho plaintiffs, did speak, utter and pub
lish too following false and scandalous words, to-
wit: They (meaning the plaintiffs) “have sold
ont; they aro not worth fifty cents on too dollar.”
There was no allegation in the declaration of any
special damage resulting from toe speaking of
the words to toe plaintiffs. On the trial of the
case in the court below toe plaintiffs were
sworn in their own favor, who stated that they
had been merchandizing in toe city of Amen-
that in toe month of August, 1867, they
The Prayer-Set^
,, Bx 3 - c - wanna.
Along the aisle where i
r^t^tkodMkMd 0 ® 1 ’
SmSSMS,™*,
Thn rnaMa af .i
As out into the a dMk Bhe 8^1‘ crte ^
Pray for me! 1
Fray for me!
- T . ho to® of all thou art
Bad witness to the common W?i
With face in veil and seal onto? !
In mnte and strange companion^
Like thee we wander to and f« p '
Dumbly imploring as we go-
Pray for us!
Ah, who shall pray, since he who
Our want, perchance has great,-
Yet they who make their lo«a
Of others, shall not asktaw^. g,m
And Heaven bends low to hear the
Of love from lips of self despah- 1 ®* 8
Pray for us! *
In vain remorse and fear and hate
Beat with braised hands against fit.
Whoso walls of iron only move
And open to the touch of love.
Ho only feels his burdens fall
Who, taught by suffering, piti«an.
Pray for us!
sold out their stock in trade and store-house to
the defendant, intending thereafter to buy goods
and continue the business, which had not been
done. The court charged too jury, amongst
other tilings: “If the partnership of Windsor *
Jowers was actually dissolved, that is, if they
had sold out their house and lot, and their stock
of goods, and were not in trade at toe time of the
words spoken, it is incumbent on tho plaintiffs
to show and prove special damage before yon can
find a verdict in their favor.' Any damage, such
as precipitating lawsuits against them, and in
volving them in costs, if proven to have grown out
of toe words spoken, are special damages such
as to authorize a verdict. If special damage '
proven, though small, too jury can increase toe
damages according to the aggravating cir
cumstances of toe transaction. The jury found
a verdiot for the plaintiffs for the sum of four
thousand dollars. The defendant made a mo
tion for a new trial on soyeral grounds, which
was granted by toe court below, to which too
plaintiffs excepted.
Held, That inasmuch as the plaintiffs were
not engaged in trade at the time of the alleged
speaking of toe words, they were not entitled
to recover without alleging in . their declaration
and proving on the trial special damages result
ing from toe speaking of the words by the de
fendant, and as this was not an action brought
by tho plaintiffs for the recovery of any special
damage sustained by them, the charge of toe
conrt to the jury in relation to special damages,
was error, and the new trial was properly
granted by the conrt below for that error, as
well as others stated in the record.
Judgment affirmed.
C. T. Goode, Lyon, deGraffenried & Irvin,
for plaintiff in error,
Hawkins & Burke, Fort & Hollis, for defend,
ant.
M. A. Johnson, administratrix, plaintiff in
error, vs. Thos. J. Stewart, et aL, defendants.
Equity, from Lee.
Warneb, J.—When a bill was filed by the ad
ministratrix of J. K. Johnson, deceased, pray
ing that certain property in toe hands of a re
ceiver appointed by the conrt, under toe prayer
of a bill heretofore filed for that purpose be
tween other parties, should be taken ont of the
hands of snch receiver, and placed in the hands
of toe complainant as toe administratrix of her
intestate, alleging that her intestate died in
toe possession of the property, and on the
hearing of the case in the conrt below, toe
following state of facts were disclosed, as ap
pearing from the record now before ns: that in
September, 1869, Stewart,, as the guardian of
Sallio Beverage, an infant, filed a bill against
one Thomas W. Johnson, alleging that he had
wrongfully and fraudulently possessed himself
of the property of the intestate, J. K. Johnson,
had in his possession at the time of his death
was the property of toe minor, Sallie Beverage,
and was in his possession as her guardian at toe
time of his death. The property was ordered
by the Conrt to bo placed in the hands of a re
ceiver ; afterwards, in August, 1870, toe com
plainant obtained letters of administration on
toe estate of J. K. Johnson, the intestate.
Held, That as a general rule the administra
trix of the intestate is entitled to the possession
of the property which he had in possession at
toe time of his death, but when the property in
controversy had been placed in toe hands of a
receiver under the order of a Conrt of Chancery
at toe instance of a party claiming too property
under an adverse title to that of the intestate,
and before there was any apministration on his
estate, that there was no error in the court be
low in refusing to order toe receiver to turn toe
property over to toe complainant in view of toe
facts presented by the record. The complem
ent can be made a party to toe equity cause
already pending, and- in that suit, assert the
rights of her intestate to toe property, whatever
the same may be, and thereby save a multiplic
ity of suits.
Judhment affirmed.
C. T. Goode, for plaintiff in error.
W. A. Hawkins, for defendant.
- Slacon ana Augusta Railroad.
Editors Telegraph and Messenger:—It gives
me great pleasure to state that this road is now
in successful operation, running regular trains
from this city to onr sister city Augusta, mak
ing good time, and supplied with the most mag
nificent passengers cars we 'have seen either
North or South. Wo learn from Geo. G. Hull,
Esq., that it is toe intention of toe Superinten-
dant to pnt on night train in a few weeks, tons
giving two fast trains daily between Macon and
Augusta. The passenger trains are well filled
and toe freight department is doing well.
A recent trip over this road and back to
Camack enables the writer to state, from actnat
experience, that toe road is well managed, and
is as safe and comfortable now as any road
loading out of this oity. He had, on starting
ont for the trip, some fears, as it was raining
hard, and he had heard some fears expressed
as to its safety. The polite and gentlemanly
conductor, Mr. Johnson, made ns so comforta
ble that we forgot onr fears until we found that
wo had passed over toe new, and what was
heretofore considered toe dangerous part of the
road, and were within a few miles of Milledge-
ville. Wo came back on Tuesday, after two or
three days’ hard rain, sufficient to test toe road
bed, and being safely honsed in Mr. Barnett’s
palace coach we neither saw or heard of any
dangerous plaoes.
Great credit is due Mr. S. K. Johnson, toe
superintendent of this road, for the energy and
zeal he manifests in running this new and im
portant road. Its advantage to toe business of
Macon is very great, and we doubt not it will
soon be regarded as one of the most successful
and profitable railroads in Georgia. B.
Some interesting experiments were lately
made in Obio, with a view to ascertaining the
best method of conruming toe smoke of soft
coal furnaces, and, after a careful examination
and test of a number of mechanical appliances
designed to effeot this object, the conclusion
was reaohed that nothing was so simple and
effective in preventing toe escape of smoke as
the introduction of sufficient oxygen into toe
furnace to effect complete combustion, of the
fuel, and thus prevent toe formation of any
smoke at alL
The valuation of real estate in Virginia for
1870, as compared with that of 1856, shows, toe
Riohmond Whig says, “a very great decrease in
the value of the real estate in the large slave
holding counties, while toe valley oounties have
a marked increase; especially Rockbridge,
whioh is within a fraction of doubling her as
eased value in 1870 as compared with 1856.’
He prayeth beat who leaves
The mystery of another’s breast 3
Why cheeks grow pale why eyeso’efc,
Or beads grow white, thou need’stactS
Enough to note by many a eiuu ^
That everjpheart hath needs like thins
(.4«anf e jf ;
Suggestions for the Season.—Thmaai
gard the winter aa a Season of trials:
truth is, that if there is a weak point in tt»
winter is pretty sure to find it ont Coe
tendencies to disease are generally asgn-
damp and cold. (Rhenmatism sometimes tjj
all the summer and fall, to pounce nponbi
in tbs season of cold.) As a means ells
tho body against all the diseases which pm*
extensively in winter, Hostetter’a Stanch i
cannot be too urgently recommended. Ban
be fewer cases of the pulmonary coapiiiai
ing to consumption, if all feeble eyetemeiE
vigorated during the season with a coot J
inestimable vegetable tonic andalteratiw. o
pation, indigestion, torpidity of the Em
general sluggishness of the secretire oiga
generally prevail at this period of theyetr.
these ailments experience, (the most traar
of all menters,) teaches ns tbat the Bitten
liablo remedy. Warm clothing is a good
defence 3gainst atmospheric cold and mois.
vigorous activity in the vital orgaaiatici
generates heat and delivers it to the sorfiai
essential to health, and tbis activity ii ■
through the operation of the Bitters, fit
sympathizes with the stomach, and if digs
regular and perfect, the exterior dicalifioa'
brisk, and damp and cold may be enootnta!
comparative safety.
Yon are Sure to Get Your Mosn's V
This new articles earns to have been submitted
most rigid and impartial scrutiny. Acorn
appointed by the American Institute have piil
an official compliment to its merits u it i
vouchsafed by cautions ecience to any “ret
under toe son.” A large proportion of tha
hotel and restaurant proprietors in New If
it, and urge its nse by others, ovor theiromi
tores; and men eminent in science bin ml
ly come forward and indorsed it *3 ta
culinary staple, and as an unoxceptionil
nourishment for tho sick. The mitral
which it is manufactured—Carrageen or tab
—is a lichen fonnd in inexhaustible
toe coast of Ireland, and may be had for the
ing, withont money and without pries,
will be cbeap as long as the sea and the
—which will bo long enough for all
poses. Our main obj ect in this article hi!
place what we behove to be a subject of
portance in its true light; nothing more,
less. The Sea Mobs Fabine, is mannfi
Company whose central depot is at 53 Pani
New York.
More than 600,000 people bear teatimo?J
wonderful curative effects of Dr. Pierce'! 1
or Golden Medical Discovery. Fori
irregular action of the heart, all severs i
lingering coughs, and for “liver compUint f
ionsness” it is unequaled. Sold by all <
Economy.—By using Mrs. Whitcomb's
children, many a doctor's bill can be i
much suffering averted. Read the i
in another column.
Tlie Great Family Sleditj
1840
TAKEN IN TEBNALI^I
It cores sudden Colds, Coughs, etc-, *-*J
Stomach, General Debility, Nursing S.* 3
Canker, Liver Complaint, Dyspepsia, ®
tion, Cramp or Pain in the Stomach,
plaint. Painters’ Colic, Asiatic Cholera, •
and Dysentery.
APPLIED EXTERNALLY
Cares Felons, Boils, and Old
Bums, Scalds, Cuts, Bruises and Spring -
of the Joints, Ring-Worm and T#
Breasts, Frosted Feet and Chilblains,
Pain in too Face, Neuralgia and
is a sure remedy for Ague, Chills and i eT “'
PAIN KILLER, J.
Taken internally, should bo adulter^^ ^ I
or water, or made into a syrup with ’■ |
a Cough a lew drops on sugar, eaten,
effective than anything else.
See printed directions, which tctn 1 I
bottle. untO-eoU]
Sold by all Druggists.
District Court ofthe Fourj 1
Senatorial District
HAWKtSSVIlXE,
MAWKINSVlXoa^, —T,-.—km
r tf pursuance of the act organij™? . ^
in certain Senatorial Distpc.s ° ^
mentioned in said act, notice ia [■*S V
said Court, for the counties compose ^
teenth Senatorial District, will be
until otherwise ordered: firs t jl.v
In the county of Dooly, on tha _ v jjl
March, and on the first Monday ui
month thereafter. ii iiiHilnT **1
Intoe county of Wiloos, on Thurso- |
Court in Dooly. theFota* 11
CoMiaMuiL JACOBI®©
feb3 w30d Judge Disk CourtH^
:tfew Map of G 6 ®
T HE undersigned, taringl^t »
to the public, a New Mtt £3*«
Georgia, exhibiting all the^New
Towns, Vffiageaf^OBt^Offio
work of Railroads, ‘ ”
Water Courses in the State.
It is a correct transcript fr°® ^
Surveyor General’
districts, with the i
corner of each, and a of
portions of the State, surveyed m
It also exhibits that portion of
Jloffln
itc-1
the South., „ _ , ,
Size of. Map, 56x67 mtoes.
810 00: Dissected Form, 31U w.
Compiled bv James B. Butts, W*.
Revised and published by ^ Q
jan29 dAw2m : '