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, N februnry 24.—A Herald special
I.jS• „ leader had issued a proclama-
Os* 1 ® , rne Dominicans to rally to
pIM Tbo proclamation speaks of the
Vjd gs a piece of merchandize.
Gr^ \rkansas B re approaching a crisis,
r M tVilrtJ will determine the-future
r^^i'isen the Omnibus Appropriation
-tains appropriations for pnblic
11‘ cv N v v ,- Orleans, Charleston, Knox-
R 2^ Nashville and Montgomery.
iV'lvisco. February 24.—The recent
[< I s4- L, severe along the Pacific coast
iSSlne been reported and there
P* boat lb® steamers Idaho, Orizaba
WKI «ii nog over dne. Thetele-
■**: il an a South arc down.
is. February 24.—Tho presiding
Senate and House decide that
, hive left 'he houses without a
*’ nd lHsIation for tho present is im r
f 'rho°appn)P liaion » tox an d other
fy'.7, j k -. e u passed before tho bolt
February 24.—Arrived, Nebraska,
V, ,7. ’ jiolootia.
f .’ Febnwry 24.—Tho Brussels Nord
V^' jjsats at a restoration to "Paris
francs of tho impost, if tho
6 ]loired to pass through Paris
. . demonstrations. A Paris letter
conflict is expected should tho Prus-
t jo pass through the city. The
-vs Barnard:, at tho request
rrjj'j ordered the cassation of requisi-
: "• ! ,' s . e rtions, and a declaration that tho
i lei sn ce tbe'28'.h of January will be
fu from 'to French indemnity. Tho
, J CTa special from Paris, dated 23d,
conditions of peace are set-
, ; ’hoiu: ■ stion of indemnity on money,
fr-orzx.*February 24.—Miller, seated
r ‘, j . ia tho Senate, took tho modified
■ -'ratalations seemed general.
1 : John S. Wichter, Collector for
; -VVrfct. West Virginia; Robert Clark,
Kfor th» second district, Georgia.
Ivfjsiiieiu'j' Committee made a report of
i 'h 't tte decision of Attorney Gou-
vr;.:' a r.poa tho right of tho Govern-
L-iirithhe'd tho entire amount of money
L ; urtfttt‘U over the Pacific Bailroad is
■' •ariiiuee with the letter and spirit of
L..f i;,pnhlicansof tho next Congress
* •lie 2J of March for the nomination of
'll —The Omnibus Appropriation bill is
'l: appropriates $33,500,000, including
{,,f (ha Froedmens’ Bureau. Vinnie
....->',010 more for th3 Lincolu etatue.
‘T; > iag of 20 of tho 55 pages of the bill,
Sc* iiljoarncd.
'■_":.-liio House amendments to tho bill
‘X;;.: security to travelers on steam*
and goes to President. Trumbull,
Judiciary Committee, reported favor-
”, she bill abolishing the tost oath. Mr.
. i c. ih.1 up the Texas Pacific Railroad
:•] for the appointment of a com-
’ cl conference. Sawyer wished Senators
bstand that if this bill was sent to a
alee of conference there would ba great
■of ii:i being lost.
i.- ; r moved to concur in tho House amend-
moved to re-commit tho bill to the
i-,. on tho Pacific Railroad.
,.hr said if this bill was accepted a3
t,v the House, it would bo a Northern
Lhvonld be a Northern guago, nndpoint-
a tie North. All tho Southern branches
;,.a sndiuusly cut off. If there was any-
, :iat this Congress was pledged to it was
Ti its Southern people a Southern railroad.
i. : i t ill was r. delusion and a snare.
vii.lho would sooner have no bill than
,i bill as this.
tiling said il was now evident that debate
bill would last all day and ho therefore
a hist upon the regular order,
eEnforcement bill was resumed.
iS;r,ale is still in session.
."Yens, February 24.-r-Iti3 reported that
•tier City, from San Domingo for Now
c, unladed her boilers, and was lost at sea.
rax, February 24.—A telegraphic order
: Versailles directs tho release of all French
t Oi.leavs, February 24.—Judge Con
tra. of NVilkesbarre, Penn., while attempt-
jump from the Jackson Railroad train at
;b, Miss., last night, fell; the rear car
sgover crushed him so badly that he sur-
dbut a short while. There was a collision
* Jackson road on Wednesday night. Two
and tenders were smashed. There was
ir reported hurt.
v.oHXfcY, February 24.—The following
ons passed the House to-day and it is
t will pass tho Senate to-morrow :
N ed. That the Governor bo, and is bore-
- sized and required to inquire into and
a ike amount of bonds loaned tho Ala-
isl Cunttnnooga Bailroad Company, and
inds of said Company endorsed by tho
. ud when such amount is ascertained,
J:.Timor shall make provision by tompora-
~ ur from moneys in the State Trensnry,
theorise appropriated, to pay the interest
Mid li.mils whenever tho coupons attached
to ahull bo presented to him or to any
be may appoint for that purpose; provid-
t no interest shall be paid upon any of
■osj* not proved to bo held oa the first
) January, 1871, by innocent and bona
purchasers.
d provided, further, that no interest shall
;z i upon any of said bonds in the hands of
1 uifraad company, or merely hypothecated
a, to any incorporation or agent thereof,
;ke object and interest of this cnact-
5 to pjy interest only to innocent and bona
>: k isers of valid claims against the State.
'= Alabama Immigrant Society had its first
u,- to day. Oae ticket for $25,000 was
h Dover, Del.; one for $10,000, in Jack
'll. ; oue for $5000 in Montgomery.
KUisi iloxr.oE, February 24.—Arrived,
p.r Benjamin Heed, from Norfolk for
’-■ton. She encountered a terrific sonth-
7* on the 18tb, which carried away her
.pMioon and mainmast head. She come
far repairs and passed in for Baltimore.
5) pkia, from Demerara.
'Vtes. February 24.—The evening edition
'ur Times has the following dispatch from
-utJts to-day. Count Bismarck has doubts
«e (occlusion of peace at this time. France
1!i Ard for prolongation of the armistice,
’‘-•kies will be renewed at midnight, 2Gth
•■wry. The guns of the forts captured
■ turned towards Paris. Along con
tras held to-day. Mdlle. Schneider is
•asd well. The Brazilian loan of three
■'2$ sterling was put on the London market
f. Despatches from Amiens are unfavor-
'• the German troops are already in motion.
- ul'.edly there has been an insurrection in
vjeor R‘ia' Weekly Telegraph and. Journal Messenger.
Standard’s special from Versailles an-
' the treaty of peace as signed by Thiers
] i-Jirck. Some of the details an unar-
: j- ’■ knt will be adjusted to-morrow. France
I'to Germany 320,000.000 thalers. Alsace
uharrsino, including Metz and Nancy, are
** The German army will not enter Paris.
tf'-.Tr William leaves on Monday for Berlin.
^ steamer Erie, hence for New York, was
X 3 ou the 2d of February, with a screw
? S3 d proceeding under sail.
.'EauiAEs, February 24.—Paris is quiet.
S? 8 k expected here to-day.
Yoes, February 24.—Tho ship Golconda
’U'i l J-day.
-•■litsTOK, February 24.—Arrived : The
r^fr Charleston, from New York; schooner
X; from New York. Sailed : Steamer
for New York ; steamer Fall Biver,
Philadelphia ; steamer Sea Gull, for Balti-
p'v'.'s.vu i February 24.—Cleared : Ships
•p-sute, for Liverpool; J. S. Dimmock, for
Ottawa, for Liverpool; bark John
Shell, for Bremen; schooner Somerset, for
Se • Arrived: Schooner Henry Allen,
■.■Baltimore; steamship Sloe, from.Balti-
V*
t *;®xciox, February 24.—Tho Senate in-
^•'Jy postponed the bill incorporating the
-■-era Express Company. Tho steamboat
N^'-ch has passed both houses of Congress
^vaits tho President’s signature, is more
. p *®d stringent than any one of a similar
X' lcr heretofore enacted. No license, regis-
X; tD tollment is to be granted until satis-
Sr? oviilence be produced that all the pro-
J^°f this act have been complied with.
P“8 other provisions steamers are required
^-Provided with suitable pipes and valves
to the boiler to convey steam
; .. l3 o hold and the different compart-
thereof to extinguish-fire; stoves to be
jivrf fastened, and all wood work and other
' J *° substances about tho boilers, chim-
^.^k-honsesand stove pipes erpcood w
are thoroughly shielded by somo in-
K ' - ;^tible material. Bte:unpnmp3 orequiv-
' ‘PPMatua for throwing water are to be
tiine3 - Cotton, benzino, powder and
ub articles ar3 to be placed beyond
danger of fire from machinery. Watchmen are
to bo kept in the cabin and on each deck to
guard against or give alarm of fire. A life
preserver for every cabin passenger to bo
provided, and a good life preserver or float for
each deck or other class passenger, to be kept
m readiness for immediate use. Backets filled
with water always to be in readiness. Every
steamboat carrying passengers on the main
deck shall be provided with permanent stair
ways and other sufficient means convenient to
such passengers for their escape to the upper
deck, in case of tho vessel sinking or other ac
cident endangering life, etc. In addition to wiro
ropes, or iron rods, or chains, hulls, boilers and
other machinery arc to be thoroughly inspected.
Captains to be examined as to their character
and skill. If he can safely bo trusted with
command, a license shall be granted him. Quali
fications of chief mate, engineer and pilot sub
ject to similar examination by tho local boards
of inspectors. In order to carry this act fully
into execution the ten supervising inspectors
now in office ore to be continued in commission
twelve months after the passoge of this act.
Every iron or steel plate U3ed in the construc
tion of steamboat boilers and which shall be
subject to a textile strain shall be inspected to
ascertain its strength, homogeneousuess, tough
ness and ability to withstand the effect of re
peated heating and cooling—none other to bo
used. Adequate provision shall bo mads to pre
vent sparks or flame from being driven back
from the fire doors into the vessel. O ther provi
sions made to guard against danger, including
stoppage of vessel, display of signals, lights.
In case of loss or accident to personal property
owing to non compliance with the law, pas
sengers to recover damages by snit. Every sea
going steamer and every stoamer navigating tho
great* Northern or Northwestern Lakes, carry
ing passengers, the building of which shall bo
completed after six months from tho passage
of this act shall have not less than threo water
tight cross bulkheads, to be made of iron plates,
fastened upon suitable frame work, and prop
erly secured to the hull of the vessell. Any
captain, engineer or pilot or otber person em
ployed on any steamboat or vessel by whose
misconduct, negligence or inattention to his or
their respective duties on such vessel the life
of any person shall be destroyed, or in conse
quence of fraud, connivance, misconduct or vi
olation of law by any owner or inspector or other
officer, the life of any person shall bo destroyed,
he or they shall bo deemed guilty of manslaugh
ter, and upon conviction thereof before any
circuit court of the United States, shall be
ssntenced to confinement at bard labor for a
period of not more than ten jears. The hull
and boilers cf every ferry boat, canal boat, yacht
or other smalt craft of like character propelled
by steam, shall be inspected under the provisions
of this act, and such other provision of law for
tho better security of life as may be applicable
to such vessels shall, by tho rules and regula
tions of tho board of supervising inspectors,
be required, before a certificate of inspection
shall be granted, and no such vessel .shall be
navigated without a licensed engineer and a
licensed pilot. In addition to tbe local boards
of inspectors now appointed for the districts of
Puget Sound, Milwaukee, Albany, New York,
Apalachicola, Evansville, Ind., Huron, Michi
gan and Marquette, the President is to appoint
a Supervising Inspector General by and with
tho advice and consent of tho Senate. All acts
for the better security of lives of passengers
on steamboats are repealed.
The bill is a long one. Provision is made
for salaries of officers, and fines and penalties
prescribed for infraction of the law.
New Yoke, February 24.—The Custom-house
Congressional Committee mot to-day, and took
additional evidence in reference to the general
order system. They will conclude their labors
to-night, and return to Woshingioa to morrow,
to submit their report complete. A change in
the general order system of the Custom-house
is anticipated.
Eoedeaux, February 24.—The Court of Borne
has recognized the new Government of France.
No nows received hero respecting negotia
tions at Versailles.
Beeuin, February 24.—The Cross Gazette
says that dispatches in Belgian journals por-
porling to give the conditions of peace now
negotiating, are altogether incorrect.
Pabis, February 24.—The military authcrites
are still unadvised as to the entry of the Prus
sians into Paris. The impression is becoming
general that the enemy will forego their tri
umph. It is rumored that the Assembly will
adjourn from Bordeaux to Fontainbleau. The
Paris journals say that the Prussian demands
on France have produced a painful impression
in the London, Vienna and St. Petersburg cab
inets.
London*, February 25.—A colliery explosion
has occurred in South Wales, and fifty dead
miners have already been taken out.
The Times special from Paris says the Ireaty
is regarded as signed. Blanc, Hugo and Roch
efort, members of the Radical left of the As
sembly, will present a motion impeaching Na
poleon. It is stated at Versailles that the ma
terial of the French regiments at Bordeaux is
excellent.
Pabis, February 25.—Thiers accepts the
principal territorial cession, but is trying to save
Meiz. Bismarck agrees to leave that fortress
to France, but Moltke objects. Romo recog
nizes the new French government.
Havana, February 25.—Volmaseda has re
turned. The Stato troops have been defeated
in a small fight in the United States of Colombia.
Commodore Selfridge’s surveying parly are all
well. Honduras has declared war against San
Salvador. A genoral but feeble fight is pro
gressing. The coffee crop is short throughout
Central America. Chilian advices report the
election of anti-church candidates certain.
Washington, February 25.—The Senate
passed tho bill, by a strict party vote except
Trumbull, for the purity of elections.
New Yoke, February 25.—Arrived out, Al
geria and Thuringia. Heavy wind and rain
throughout the Northwest and West,—much
loss of property and some of life.
Washington, February 25.—General Bank-
head, recently in command at Fort Wallace,
succeeds Genoral Reynolds in tho command of
Texas.
The Outrage Committee holds daily sessions.
The committee of conference on the xepeal of
tho income tax have agreed to disagree. The
committee appointed to investigate the Indian
Commission report neglect, incompetency and
irregularities, and, in some instances, departure
from the express provisions of the law. No
ovidence of fraud on tho part of Commissioner
Parker. The Democrats of the next House will
have a caucus on Monday evening next. The
committee of conference on the part of the
House for tho Texas and Pacific Bailroad, has
not yet been announced. The Senate bill re
vising the laws and regulations for patents and
copy rights was passed. Trumbull offered a
resolution paying Hill and Miller from date of
their election in 1868, and compensation to
Whiteley and Farrow from date of their elec
tion, until the Senate declared against them.
No action was taken on tho resolution. On tho
committee of conference ordered on the Texas
and Pacific Railroad, tho President appointed
Messrs. Howard, Kellogg and Flanagan. P°st-
offico appropriations were taken np. The House
resolution paying the widow of J. W. Leftwicb,
contestant for a seat from the Memphis Dis
trict, $2,500 was passed. The Committee on
Commerce reported a substitute for tho Senate
bill amendatory to the act declaring tho bridges
on the New Orleans, Mobile and Chattanooga
Railroad post roads, which was adopted and the
bill passed. Omnibus appropriation resumed.
The latest dispatches regarding peace, and
the extension of the armistice, are conflicting.
Synopsis of Wcatlxer Statement.
WaeDept, Office Chief Signal Offices, I
Washington, D. O. February 25,1871. j
The storm which yesterday passed over the
Lakes into Canada, is to-day followed by a di
minution of pressure and rains, advancing from
the Texosplains. Tho lowest barometer is now at
Nashville and Memphis, and the maximum pres
sure is in Pennsylvania and Wisconsin, thence
diminishing as wo proceed to the Norlh and
East. It is now raining lightly from Indiana to
New Jersey. Fresh Southeast winds on the
Gulf coast, and on tho Atlanticand Lakes fresh
and gentle Southwest winds prevail. Tho tem
perature is rising on the North and East of the
storm centre. It is probable that adecidedfall
of the barometer will be experienced on the
lower lakes and East Atlantic, followed by high
winds on Sunday night. Fair weather is Indi.
eated for the Gulf.
Richmond, February 25.—Tho House to day
adopted the Senato amendment to the Washing
ton and Richmond Railroad bill—syes 69, nays
3G, and the bill i3 now a law. _
San Fbancisco, February 25.---Tho ship Gal-
at la and schooner Peacock, in a collision in ine
harbor, both damaged their upper rigging.
John Wolf, a stock drover from Arizona, was
found murdered in tho river near Los Angelos,
his skull broken by a club.
Tho night of the 22d was the coldest ever
known in Los Angelos. There was a heavy
frost in the city, and ice formed a few miles
distant from town. The heavy rains caused
floods in Oregon..
Tho Sacramento Union reiterates the charge
that the Central Pacific Road is charging the
Government for freight double the amount
charged to private citizens between San Fran
cisco and Confine.
Mrs. Laura Fair was arraigned to-day for
murder.
A. P. Crittenden pleads not guilty.
Indianapolis, February 25.—It has been de
cided that tho Legislature must meet and ad
journ from day to day until the session legally
expires.
Savannah, February 25. — Arrived : Brig
Maria 'Isabel, Cardenas. Cleared, steamships
Wyoming, Philadelphia; San Salvador, New
York; Montgomery, New York; schooners
Othello, Boston; Jois, Charleston; N. B. Bra-
hall, New York; brig Mary E. Dana, George
town ; ship Gaspee, Cork, Ireland.
Chaeleston,Febrnary25.—Arrived: Steamer
Falcon, Baltimore; schooner Mary Stow, Balti
more. bailed brig Marcelion, Barcelona:
schooner D. V. Streaker, Wilmington, N. C.,
steamer Champion, New York.
Bobdeaux, February 25.—Thiers, Favro and
Picard, have not arrived. The departure of
Thiers from Paris has not yet heen announced.
It is generally supposed that the Assembly will
not meet until to-morrow, and the armistice will
be prolonged 48 hoQis.
Washington, February 25.—Tho substitute
which the House passed to-day for the Senate
bill relating to the railroad bridge over Rigolet-
only requires draws to be put in line with the
current of tbe stream. The Senate bill require
ed the bridge to be moved up a mile and a half,
and with a draw of 150 feet. Tho bill’will bo
reported for concurrence ia tho Senate on Mon
day.
John R. G. Pilkin was confirmed General
Appraiser for merchandize in the South.
Boston, February 25.—Tho preliminary ex
amination to-day of Everett J. Ober and John
H. Harvey, two parties arrested last evening,
charged with passing counterfeit money, result
ed in holding them for trial. The counterfeits
exhibited in Court were upon West Chester
county National Bank, at Peekskill, and were
very good imitations. The detectives are posi
tively on the right track. Tho case is one of
great magnitude.
The loading of the steamer Worcester with
supplies for Franco was finished to-day, but she
may not be in readiness to sail.before Wednes
day next.
The embezzlement at Webster Bank amounts
to $47,000. Daniels, the Cashier, who was im
plicated, has left the city.
Chaeleston, February 25.—The State Senate
to-day, by a large majority, passed to its second
reading (ensuring its passage) the bill repealing
the act in which it gave the endorsement of the
State to $4,000,000 of Blue Ridge Railroad
bonds. The Senate has before it a bill creating
a sinking fund of $100,000 yearly for the extin
guishment of tho State debt. The House is en
gaged on a bill to convert the present debt into
sterling bonds, and prohibiting tho creation of
any additional debt unless with the ratification
of a two-thirds voto. The popular feeling of the
Legislature is growing strong in favor of finan
cial reform.
New Obleans, February 25.—In the Legisla
ture the Governor’s message vetoing tho anti-
Slaughter House bill was sent to the House to
day. The veto was sustained, so that the old
Slaughter House Company, of whiehjT. J. Pratt
is President, is triumphant. The following aro
among the appropriation bills passed, covering
most of which the issue of State bonds was au
thorized : For stock in the Chattanooga Railroad,
$2,500,000; New Orleans Steamship Company,
$1,000,000; improving navigation of the Bay
ous, $1,500,000; for building State House,
$1,500,000; for the Louisiana Levee Company,
$1,000,000 annually; to pay the mileage and per
<jicm of members, $500,000.
The Senate, at midnight, passed a bill con
veying the water works upon which the city has
expended about $2,000,000 to a corporation of
Indianapolis for $300,009, and giving them ex
traordinary privileges.
A committee to examine into the affairs of
the New Orleans Gas Light Company, report
that they have forfeited their charter. The re
port was adopted. .
New Yobk, February 25.—The Quaker City
was abandoned sixty miles east of Cape Look
out, on the 12th, on beam ends, in 16 feet wa
ter. Her smoke stacks were carried away and
her fireB put out by the water. Her officers and
crow landed on Bermuda Hundreds. The
Quaker City was a Haytien war vessel, sailing
under the name of “La Republique.”
Arrived, Virgo.
A. C. Morton, Civil Engineer, is dead.
Havana, Februaty 25.—InscencioCasarooa, a
passenger by the steamer City of Mexico from
New York has been forbidden to remain here
and ordered to re-embark.
London, Feby 25.—Great uneasiness is felt
in the North of France on the subject of peace
negoliatons. Everything is in readiness to in
undate the country. The Echo de Nord pro
tests against the theory of revenge as but an
opinion of a faction and contrary to the interests
of the nation and progress. The peace solution
of the Alsace question is possible.
Pabis, Februaiy 25.—Ponger Quertiour bus
heen appointed Minister of Commerce. Thiers
went to Versailles yesterday, and after his return
consulted a commission of fifteen. It is be
lieved negotiations wero resumed to-day. It is
said the present difficulty is respecting a treaty
of commerce. Newspapers oppose the Prus
sian’s alleged intention of imposing a commer
cial treaty upon France. Temps says the an
nual product of landed property of France will
not for along time exceed thirteen million of
francs—an indemnity of one million thalers is
therefore excessive. Temps says tho sympa
thetic words of President Grant’s message to
wards tbe German Empire are a painful sur
prise to the French Democracy.
TIio National Income Tax—A Telling
Exhibit.
In a speech recently made in the House of
Representatives, at Washington, Gen. Morgan,
of Ohio, said, amongst many other things :
“I have prepared a table showing that if the
income tax is abolished it will reduce the
amount of tax collected from Massachusetts
more than one-half, from Virginia about one-
thirty-eighth, from Rhode Island more than
one half, from Illinois les3 than one fifteenth.
Vermont will have her taxes reduced more than
nine-tenths. Ohio one-fourteenth. Maine more
than one-half, Kentucky less than one-twenty-
thirJ, Now Hampshire nearly two-thirds, Mis
souri less than one-eleventh, Connecticut moro
than one one-half, Indiana less than one-seven
teenth.
Should the income tax bo repealed Ohio will
pay $14,930,625, Illinois $14,275,000, Kentucky
$8,354,009, Missouri 4,070,000, Virginia $4,837,-
000, Indiana $3,851,000, and the three New
England States together $3,161,108. That is,
Ohio will pay more than four times the amount
of taxes paid by New England. Illinois will
pay more than four times the amount of taxes
paid by the six New England States. Ken
tucky will pay more than twice the amount of
taxes paid by the New England States. Mis
souri will pay nearly a million more taxes than
paid by the New England States. Virginia will
pay moro than a million of taxes over the
amount paid by all the New England States.
Indiana will then pay more taxes than the six
States of New England. And we of the West
and South are congratulated upon this happy
state of things by the representatives of the
millionaires, the representatives of the bond
holders, who aro not even taxed upon the prin
cipal of their bonds. They, too, congratulate
the toiling millions npon tbe fact that the bond
holder is to be relieved from tho paltry tax
upon his income, and that tho tax which the
bondholder now pays will soon be paid by labor.
If the income tax is abolished, Now England
will pay $3,161,108 a3 the full amount of her
internal taxes, while tho three Western and
three Southern States which I have named will
pay $50,318,391.
Lincoln’s Cabinet and “the Rebellion.”—
Senator Blair, in his speech on tho 20th, tells
how near Lincoln’s Cabinet came to acquiescing
in the secession of tho Southern States, as fol-
Enlarging upon the culpable failure to act
promptly for the suppression of the rebellion in
its inception, Mr. Blair said the Government,
on tho contrary, accorded to the Southern Con
federacy a qua»f recognition and treated with
Southern Commissioners who wero sent to
Washington. When the public faith and prop
erty were about to bo surrendered to them
every member of the Cabinet gave an opinion
in favor of the surrender except Postmaster-
General Blair, on whose energetic protest tho
idea was abandoned. He then went on to argno
that the reconstruction policy, in creating and
maintaining carpet-bag governments at the
South was intended solely to enable tho Repub
lican party to misgovern and plunder the coun-
»«y- tfr
A woman in Clay county, Iowa, has given
birth to fifteen children in fourteen years. We
have no intelligence as to how tho husband and
father is getting along; -but if he still lives, he
is doiDg a thousand times better than could be
expected.—Courier Journal.
Georgia Agricnltnral Convention.
PBOCEEDXNGS OF THU THnSD DAT.
The Convention opened at 9 o’clock with
prayer by Rev. Dr. Duncan.
The Secretary proceeded to read the minutes
of the preceding day.
The committee to memorialize the Legisla
ture on appropriations is composed of Messrs.
Jone3, Davis, Baugh, Rawson and Bunn.
Mr. Howard moved for a reconsideration of
the minutes so far as they referred to the Leg
islative appropriation asked for.
The Committee on Imigration to memorialize
the Legislature is composed of the following
gentlemen: Messrs. S dialler, Howard and New
ton.
By Cob Baugh: Resolved, That the conven
tion heard with much interest tho learned and
eloquent addresses delivered by Gen. Colquitt
and CoL Yancey, on tho 22d instant, and re
spectfully request those, gentlemen to allow tho
use of the same for publication.
Ey Mr. Butler: Resolved, That we extend a
cardial invitation to our friends of tho North and
West to attend next the annnal meeting of this
Society for the purpose cf exchanging views,
exhibiting stock, agricultural implements and
other articles of home industry, and thus pro
mote the mutual interests of all sections.
By Mr. .Howard: Resolved, That tho mem
bers of this Convention pledge themselves to
urge npon the members of tho Legislature from
their respective counties the importance of.
State aid to agriculture—particularly aid to an
Agricnltnral College—tho establishment of an
experimental farm—measures to secure not a
scientific but industrial survey of tho whole
State, including its resources in agriculture,
water power nnd minerals.
By Mr. Adams, of Monroe: A resolution re
questing our legislators, for the better propaga
tion of sheep, to enact some law whereby dogs
may be taxed in the same manner as other prop
erty. Adopted.
This resolution wa3 productive of much dis
cussion, in which Mr. Butler earnestly advo- •
cated the passage of some law whereby dogs
might be taxed. The gentloman argued very
wisely that on an average, every day, each dog
would consnma ono bushel of meal, and sup
posing the dog3 in tho State to number one
hundred thousand, it will be seen that twelve
hundred thousand bushels of com would he
consumed in one year.
By Gen. Browne : Resolved, That for tho bet
ter protection of farmers it is recommended
that this Convention appoint two competent
Analysts, for tho State, whose duty it shall be
to analizo and examine into the quality of the
fertilizers offered for sale in Georgia. Adopted.
Messrs. Brov.-n of tho Oglethorpe University,
and.J.-E. Willotof the Mercer University wero
appointed.
G. W. Adams, of Monroe, moved a reconsid
eration of the appointment of delegates to at
tend tho Alabama Convention, and that a com
mittee be appointed to suggest names of dele
gates to attend the same. Adopted.
By Mr. Howard: A resolution to tho effect
that the August meeting of this Convention
take place ot Rome, and the last Taesday in
August bo fixed for tho time of holding said
Convention.
A communication from tho South Carolina
delegation was read, invitin'? the attendance of
delegates from Georgia to the next annnal
South Carolina Convention, to be held in Co
lumbia. Received and the appointment of del
egates submitted to a committee. Tho delegates
appointed are Messrs. Philips, Yancey, Harris,
Means, YYallace, Lockett and Hunt. The follow-
wing is tho communication.:
lion. A. H. Colquitt, President Georgia
State Agricultural Society : Tho delegates from
the State of South Carolina to tho Convention
of your Society regret exceedingly that they
cannot remain to the close of your delibera
tions, finding our appointment require that we
should leave before your session of this morn
ing. Y/a would take this method to recognize
tho courtesy extended to ns, and tho considera
tion with which we have been met in the Con
vention, and by the members in the social
ciic’.e. .*•
Mr. President, from tho ashes of our cities
and the oppression of an illiberal and meroenary
government, we have come to meet our moro
fortunate brethren, and in the interchange of
opinion, and in the contract of association to
gather strength for our uncertain future.
Our expectations have been fully met, and
we return cheered on onr errand with new
hopes born within us from the friendly inter
communication with our brethren.
We would respectfully ask that your Society
send to us representatives at our next annual fair
at Columbia. We need your counsels. We love
your companionship.
We are, very respectfully, yonr obedient ser
vants,
J. L. Bichabdson,)
T. W. Woodwabd, Delegates.
T. H. Ckakk, )
The delegates to attend the Alabama Agri
cultural Convention hre as as follows: Messrs,.
Harrison, Stubb3, Wright, Schley, McKinney,
Styles, Hood, Furlow, Barron, Flewellen,
Young, Lee, Mobley, Fitten, Miller, Holt, Law-
ton, Livingston, Ethridge, Bloodwortb, Toombs,
Janes, Butler, Wright, Newman, Hamilton,
Camp, Zinn, Toon, Van Buren.
Gen. Philips moved that the Convention pro
ceed to elect a suitable person to superintend
the organization of county Agricultural Socie
ties. Col. Samuel Barnett, of Wilke3 county,
was unanimously elected.
By Gen. Philips : Resolved, That the Execu
tive Committee fix the salary to be paid the Su
perintendent of County Societies, and that they
define the way in which ihe money be raised
for that purpose. Adopted.
By Mr. Toon: Resolved, That a committee
of three be appointed to prepare business for
the next annual meeting of this Convention.
Messrs. Toon, Barnett and Black, compose the
committee.
By Mr. Moses: That the thanks of the Con
vention are due and hereby tendered to Secre
tary D. W. Lewis for his very great fidelity
and efficiency in tho discharge of the arduous
duties of his position, and for tho very hand
some manner in which he got up the volume
containing the proceedings of our last meeting.
By CoL Barnett: Resolved, That this Con
vention has received, with profound interest,
the parting address of onr friends and brothers
of the Stato of South Carolina, and that tho
words of sadnos3 with which they refer to the
material and political condition of that noble
State awakens our liveliest soasibilities and
heartfelt sympathy. Wo tender them ora
thanks for their attendance on our meeting,
and our most cordial good wishes for the speedy
restoration of tho prosperity of their people
and tho return of a stable, quiet and well-
administered government, and that the Secreta
ry communicate this action to tho South^Caro-
lina delegation. Adopted by a unanimous
standing vote. _ _ _ , ,
By Dr. E. D. Newton, of Floyd: Resolved,
That the President, with the advice of the Ex
ecutive Committee, appoint a committee of not
less than threo persons from each Congressional
District, to visit their respective county or dis
trict fairs, and that said committee, make a re
port of condition and progress of the same in
writing to the Spring Convention of the State
Agricultural Society. Adopted.
By Mr. Toon: Resolved, That in view of the
importance of an increase of the product of
bntter and cheese in our State and to accom
plish the end desired, that we urge upon the
Executive Committee to offer liberal premiums
for the culture of carrots, turnips and other
roots as food for cattle and other stock.
Adopted.
By Mr. Pittman, of Quitman: Resolved, That
the thanks of this body are duo and hereby
tendered to Mayor Huff and through him to the
City Council of Macon for the use of their Hall,
and for courtesies extended this body; and re
solved, that the citypapersbe requested to pub
lish the samo. Adopted.
Tho business of the Convention having con
cluded, the Georgia Agricultural Convention
adjourned sine die. In takingleave of tho Con
vention Gen. Colquitt kindly tenderedliis thanks
to that body for their uniform courtesy to him,
and for the manly dignity that characterized all
of their deliberations. In bidding farewell he
invoked the choicest blessings of Heaven npon
each and every member of the Convention.
Gen. A. H. Colquitt, President of tho Conven
tion and also President of the Executive Com
mittee to whom the location of the Fair was
submitted, announced that Macon had been
selected as the place for holding the next annual
F By permission, Hon. W. A. Huff occupied the
floor and in behalf of the citizens expressed
great gratification in the selection of the city of
Macon as the place for holding the next Fair,
and in a very handsome little speech pledged
every effort on his part and on the part of the
people whom he represented, to do all in his and
their power to crown the next Fair with success
and cause the people of Georgia to be proud of
the decision of tho Committee in locating it in
this city.
Decisions or ihe Snpreme Court of
Georgia.
DELTYEBED AT ATLANTA, TUESDAY, FEB. 2J, 1871.
Prom the Constitution.
Barnett & Co., vs. Terry & Smith. Complaint
from Muscogee.
Lochbane, O. J.—When a party shipped
flour to another, and tho consignee declined
accepting it npon tho gronnd that it was not
such as ho ordered, immediately notified the
shipper of tho fact and that he had it subject
to his order, and the shipper afterward sent his
agent to receive the flour, and the consignee
set up his claim for freight and expense paid
before delivery, and the agent declined paying
the same,' and went off, leaving the flour in the
consignee’s hands, and ho had it sold as the
property of the shipper; and on the trial of the
case brought against the consignee to recover,
the judge rejected the testimony of a witness
showing tho sale and what the flour brought:
Held, The Court erred; for tho consignee had
a right to be paid tho actual amount of freight
and expenses on the flour, if it did not come np
to what he ordered, which he was entitled to re
ceive before he gave np the possession of the
flonr:
Held, That the consignee had the right, after
reasonable notice to the consignor of such ex
pense and its non-payment, to sell sufficient for
ins reimbursement, and if the commodity was
perishable, to sell all, and, by proof, show his
actings and doings in the premises; and the jury
on the trial to ascertain the value of such com
modity, will consider as competent evidence
what it actually brought, in connection with the
Ynode, and manner, and necessity of the sale.
Judgment reversed npon the ground that the
Court erred in rejecting the testimony of Myers
in this case.
Peabody & Brannon for plaintiffs in error.
Ramsey & Ramsey, by M. Blanford, for de
fendants.
Gray, Bedell and Hughes vs. John H. Bass.
Complaint from Muscogee.
L jchbane, C. J.—Where a person ships cot
ton through factors or commission merchants
to Liverpool, with instructions that it shall ba
held until spring, and such instructions were not
sent forward with the cotton, but shipped in the
ordinary course, and bills by the consignees of
such factor wero drawn upon the cotton, and
the cotton wa3 sold by tho drawees of the bill
antecedent to the receipt of the cotton in Liv
erpool, and npon the snit brought by the owner
of the cotton against tho factor for damages,
the evidence is conflicting, and the Court by its
charge lays the questions fairly before the jury,
and the jury find for plaintiff:
Held, That tho verdict of tho jury being sup
ported by evidence will not be disturbed in such
case, inasmuch as the matter of whether the
factor had made such spocial contract was a
question of fact for the jury to decide, npon the
whole evidence submitted to them:
Held again, That tho question of ratifica
tion was one which was based on the intention
of tho parties, and was a matter of evidence
properly submitted to tho jiuy.
Held again, That the amount of damage in
this case depended on the view the jury took
from the evidence of the contract itself; and
the finding ot tho jury in this case being sus
tained by the evidence as to the amount of dam
age, taking the value at the time they held, the
owner would have had his cotton sold, and
allowing expenses, etc., will not be set aside—
being supported by the evidence.
Judgment affirmed
R. j. Moses, for plaintiffs in error.
Williams, Thornton and Blanford, for de
fendant.
T. Brunson vs. M. Sparks. Case, frsm Mus
cogee.
Lochbane, C. J.—When a party borrows a
horse from another, and while in the hands of
bis agent, tho horse runs away and gets injured,
from which, in a short time, he dies:
Held, That the manner of tho injury, and
the qnestion of negligence therein, is one of
fact for the jury, and where the verdict is not
strongly and decidedly against the weight of
tho evidence, this Court will not disturb their
finding.
When there is evidence either way to a ma
terial fact, as in case of bailment, what neg
ligence has or has not been shown, and the
jury have determined the qnestion by finding a
verdict:
Held, That the Court, under such circum
stances, will not disturb it.
When the evidence shows that through tho
act of an agent, either of two innocent parties
must suffer:
Held, That the rule of law is, the party put
ting such agent forward shall be the party on
whom the law puts the liability.
Judgment affirmed.
Louis F. Gerrard for plaintiff in error.
W. F. Williams, 0. R. Russell, by J. SI. Rus
sel, for defendant.
Mortimer Jeter, Administrator, etc., vs. E.
Barnard, et. aL Bill to marshalL Assets-
and demurrer from Talbot.
McOay, J.—A bill in Equity to marshall tho
assets of an estate filed by an administrator, set
ting forth that tho estate can not pay all the
daim3 upon it, that there aro various creditors
claiming preference in tho distribution, (which
claims aro set forth in detail) and that other
creditors dispute, this priority, is properly filed,
and is not demurrable for want of equity.
Judgment reversed.
B. Hill, E. H. Worrill, for plaintiff in error.
Ingram & Crawford for defendants.
Martin Conner vs. Southern Express Compa
ny. Case, from Muscogee.
McCay, J.—An action at law does not abate
by the bankruptcy of the plaintiff, and if the
assignee in bankruptcy be discharged, without
any interference by him with the suit, it may
proceed in tho name of the bankrupt, the pre
sumption, in tho absence of any proof to the
contrary, being that the action is proceeding
for the benefit of tho true owner, whoever he
may be.
Judgmont reversed.
H. L. Benning, James F. Pou, Peabody &
Brannon, for plaintiff in error.
M030S & Gerrard, for defendant.
City Fire Insurance Company, of Hartford,
vs. John Carugi. Assumpsit, from Musoogee.
MoCay, J.—1. A foreign corporation-doing
business in this Stato is subject to the jurisdic
tion of the courts of this State, if it can be
served with process; and, as by our law, any
corporation may be served with the process of
court having jurisdiction of the suit, by serving
any “officer or agent of such corporation,” so
any foreign corporation having an officer or
agent here, may be served by serving its officer
or agent
When there is a plea of the general issue and
also, a special plea setting up matter of defense,
which might be proven under the general issue,
and the Court dismisses the speoial plea as sur
plusage, this is not such error as will require the
verdict to be set aside, if the Court, in fact,
allow the evidence under the plea of the gen
eral issue.
Where evidence is taken by commission, and
it appears by the answers that the witness does
not understand the English language, the Court
will presume, in the absence of proof to the
contrary, that tho commissioners understood
the language of the witness.
It is no objection to the use of testimony
taken by commission if, after it is read, the
witness—a female—appear, and is examined ns
a witness.
Where there was a question of what and how
mnch was lost by a fire, and there was a list of
articles produced, and evidence intoduced going
to show that it was a true list, it was not error
in the courts to permit the list to go to the jury
for their consideration, simply because some of
the articles on the list were not covered by the
policy of insurance, on which tlib suit wa3
brought.
It is not a violation of that condition of a pol
icy of insurance which requires everything to
be stated, in the application, materially affecting
tbo risk of the insnred, to fail to state that he
iB insolvent, or that there are judgments against
him which are a lien upon the property.
When the charter of a foreign insurance com
pany contains a provision prescribing certain
duties and conditions, upon those insuring with
the company different from those imposed by
the general law, a plea setting up a failure to
comply with such conditions by the assured is
demurrable, unless it alleges that the assured
had notice of the conditions at the time the
contract of insurance was entered into.
If thb agent of an insurance^company do in
fact receive notice of a prior insurance from-
the assured, and do, notwithstanding, proceed
to issue a policy and receive the premiums
agreed upon, tho policy is not void, because
notice of said prior insurance is not endorsed
in writing upon the policy, as required by the
conditions contained in the policy.
Judgment affirmed.
' Beauford & Thornton for plaintiff in error.
H. L. Benning for defendant.
Xsaao Cheney vs. Smith & Alexander. Com
plaint from Musoogee.
Wabneb, J.—When a motion is made to con
tinue a case for the purpose of procuring testi
mony, the court may require the showing to be
reduced to writing and sworn to by the party
moving tho continuance, but if the opposite
party will admit and does not contest the truth
of the facts expected to be proved, the continu
ance should not bo allowed; but it is error for
the court to overrulo the motion for a continu
ance on the ground, that tho opposite party will
simply admit the facts expected to be proved,
and then allow such opporito party to contest
tho truth of tho facts admitted. To avoid the
continuance of a case for the purpose of pro
curing testimony upon a proper showing made
therefor, under the 3472 section of the Code,
the opposite party must admit in writing the
facts expected to be proved, and argue that h?
does not contest the truth thereof.
Judgment reversed.
E. Hr Worrill, J. M. Matthews, for plaintiff
in error. .
M. H. Blanford, for defendant.
Mendell Levy vs. L. O. Simmons. Trover,
from Taylor. ' ?
Wabneb, J.—An astion was brought to recov
er the possession of a horse, and upon the trial
thereof, after the plaintiff had closed his evi
dence, the defendant made a motion for a non
suit, which the Court ovorruled, and the de
fendant excepted. The defendant then de
murred to tho plaintiff’s evidence, and there
was a joiner in the demurrer by the plaintiff,
and the Court, upon tho hearing thereof, gave
judgment for the plaintiff, to which the defend
ant excepted. The Court then referred the
case to the jury, to ascertain the plaintiff’s dam
ages, and, thereupon, the defendant offered to
prove, before the Court and jury, that the horse
in controversy was the property of tbe defend
ant, which tho Court refused to allow him to do,
on the gronnd that ho was concluded by tho
judgment of tho demurrer, and that no’proof
would be allowed before the jury, except as to
the amount of damages the plaintiff had sus
tained ; whereupon tho defendant oxccpted:
Held, That the motion for n non-suit was
properly overruled by the Court, as thore was
sufficient evidence of the plaintiff’s legal right
to recover the horso to be submitted to the jury;
but if there had been no evidence which, in law,
would have entitled the plaintiff to recover,
then the non-suit should have been allowed by
the Court ;
Held also, That a demurrer to evidence is not
special pleading; that under the provisions of
the common law and the practice of the courts
in England, when the defendant demurred to
the whole evidence, and the court overruled the
demurrer, the judgment of the court on the
legal right of the plaintiff to recover the prop
erty sued for, was conclusive on that point, and
that the defendant could not contest the
legal right of the plaintiff to recover before
the jury; but in this State a different rule has
prevailed ever since the enactment of tho Judi
ciary Act of 1799. The practice in the courts
of this Stato has uniformly been that whenever
the plaintiff ’s evidence was considered by the
defendant to be insufficient in law to ontitle
him to recover to tho demurrer thereto, and to
move tho court for a non-suit, and if in the
opinion of the court there was any ovidence
which ought properly to bo submitted to the
jury for their consideration to overrule tho de
murrer, and refuse tho motion for non-suit;
but the overruling tho demurrer to the evidence
and refusing the evidence for a non-suit, has
never been held, to conclude the defendant from
going before the jury, and insisting upon his
rights there, as ba might be enabled to estab
lish the same by evidence which he might in
troduce for that purpose. In other words, the
overruling tho motion for a non-suit upon a
demurrer to the plaintiff’s evidence, has
never heen held by the courts of the State as
conclusive upon the right claimed, so as to pre
vent the defendant from contesting it by evi
dence before the jury. The contemporaneous
construction given to tho judiciary act of 1799
by the courts of of this Stato has uniformly
been, that when tho plaintiff made out a prma
facie case by his evidence, that he was entitled
to go before the jury and to have them decide
upon that evidence, and that the defendant, al
though he may have demurred to that evidence
as being insufficient in law to entitle the plain
tiff to recover, and moved tho court to nonsuit
the plaintiff in consequence thereof, the over
ruling the defendant’s motion would not con
clude the defendant from going before the jury
and contesting the legal right of the plaintiff to
recover by tho introduction of evidence in hi3
behalf for that pnrpose. This practice has been
so long recognized, and thoroughly established,
by tho discussions of the ooruts of this State,
that we aro unwilling to disturb it, and there
fore reverse the judgment of tho court below in
this cose.
Judgment reversed.
Hulsey & Colbert, by H. Blanford, for plain-
tiffin error.
Wallace & Ross, R. J. Moses, for defendant.
Gilbert B. Anderson vs. The State. Murder,
from Muscogee.
Wabneb, J.—Where, on tho trial of a defend
ant for mnrder, a verdict of guilty was rendered
by the jury, and a motion was made for a new
trial upon several grounds set forth in. the
record:
Held, That an indictment,- which alleged the.
offense to have been committed on the 13th
day of August, 1S6S, and found by a grand jury
drawn according to tho laws of the State, which
existed prior to tho adoption of the Constitu
tion of 1868, was a legal and valid indictment,
though found subsequent to the date thereof;
and that there was no error in tho refusal of
tho Court to grant a new trial:
' Held, also, That when tho defendant filed a
special plea of insanity, but did not insist that
there should first bo a trial on that special plea,
but went to trial on the genoral issue of not
guilty, and relied on the insanity of tho defend
ant to show that he was notguilty of tho offense
charged, it was not error for the Court to refuse
to charge the jury that tney might find a verdict
either for or against the special plea of insanity,
the Court charging the jury that they might
find tho defendant guilty, under the ovidence,
or not guilty:
Held further, That there was no error in the
charge of the Court to the jury, “that they
wore the judges of tho law and the facts, so as
to enable them to apply the law to the facts,
and bring in a general verdict, but they had no
right to make law, the law was laid down in the
Code, it was the province of the court to con
strue the law give it in charge, and of the jury
to take the law as given, apply it to the facts as
found by them, and bring in a general verdict,”
and in refusing to charge as requested by de
fendant’s counsel upon this point in the case:
Held also, That the court did not err in charg
ing the jury, “that if tho condition of the de
fendant’s mind, was such that he could dis**
tinguish right from wrong, good from evil, and
while in that condition, killed his wife, the law
wotdd hold him responsible,” and Iri refusing to
charge as requested.
Held further, That under the 4599th section
of the Code, it was the duty of the presiding
Judge to have had the evidence in the case
taken down, that is to say, all the legal evidence
allowed to go to tho jury; but-as the record
does not show any particular facts given in
evidence, which the conrt instructed the clerk
not to record, this court cannot 6ay whether the
same were material or immaterial, legal or ille
gal, or whether the court in its directions to the
clerk, expressed in the presence of the jury
any opinion as to the evidence which was legal
ly submitted to the jury for their consideration.
To have made it error under the Code, it must
be affirmatively shown, that the court expressed
an opinion in the presence and hearing of the
jury, in regard to the evidence legally submitted
to them on the trial. It is the right of tbe wit
ness to have the testimony read over to Mm,
but not the right of defendant’s counsel that it
should be so read, the legal presumption is that
all the legal testimony in tbo case was correctly
taken down under the direction of the court.
In view of the facts of this case, there was
no error in tbe court which could have in
fluenced, or controlled the verdict, in refusing
to allow Dr. Terry to explain to the jury “the
structure of the braiD, what changes were pro
duced upon it by bodily disease, or how its irri
tation and inflammation was calculated to pre
sent to the mind unreal images, upon which a
person with a diseased brain might be induced
to act, as though the imaginary impressions
were real existenoies.” The court charged the
jury that, “if npon the whole evidence in the
case, the jury entertain a reasonable doubt as
to the sanity of the prisoner at the time of the
commission of the alleged act, they are bound
to acquit him.”
Held, That after a careful review of the evi
dence contained in the record, and the errors
assigned therein, that tbe judgment of tho
court below in refusing the motion for a new
trial should be affirmed.
“What are you going to do after you gradu
ate?” said a gentleman to-a Williams College
student who is “fitting for the ministry.
“Damfino,” replied the youth; “preach the
gospel, I s’pose.” ^ ’ - ’ ■ 1
A clkbgyman was censuring a young lady for
tight lacing. “Why,” replied miss, “you would
not surely, recommend loose habits to your par
ishioners.”
Is for sale at
ALL POINTS OF IMPORTANCE
IN GEORGIA.
We have sold it five successive years, and know
it is tho very article for
[Planters to TJse.
David Dickson, Esq., of Oxford, says it is su
perior to any
COMMERCIAL
FERTILIZER
Ho ever applied, and
Recommends It to Everybody.
We sold over
TWO THOUSAND TONS
IN GEORGIA LAST YEAR.
It has been tried and always
PAID THE PLANTER!
(y Send for a Pamphlet. An Agent may bo
found at almost every Depot, but Information oan
always be had of
jr». w- SIMStib 00>,
SAVANNAH, ©A.
CHARLES C. SIMS/
AGBNT AT MACON,
doc91-eod&w3m
£
-
m&aikHi
