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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 : '