Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, April 25, 1871, Image 7

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Georgia weekly telegraph and Georgia journal & messenger., April 25, 1871, Image 7

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Newspaper Page Textr ■ " ■ ■ i “ ~ 1 ■■ ■« -- ■UBiI Tli e Gr e or<jia "We ekly ~ and J ournal & Messenger. ^ELEGBAPH, April 21.—Ohipman’s majority |iiie Upp«r House of the Territorial n appointed by tbe President— :1 Ricans, it consists of eight whites 5' negroes. The Lower House consists Democrats and fifteen Republicans— t> #er including two negroes. These were , b lho people. All otheroffleerrfof,the if 4 * ^pointed by the President, are Re- y.—Asnieres was captured by a r^„e VersaiMists passing the out* & — affiliation with the Nationals. . r utending affiliation vntn me .nationals. * r iioa£ an<l Imperial Guards under Ducrot Cached Versailles in excellent spirits. »n engagement along the entire line iwbesdsy. Dombrowski reports the results * Mo to the Commune. Tho Communists ^lasieiing on the island of Grande Iatta. .; UUR was of a bloody character. The nnists are making a stragetic movement ' l3pc the V;maillists, who have advanced s * 1 Gyallois has been sacked. Valerien LjCoorbevoie are shelling Paris frightfnUy. r ^ o{ xrioropho has fallen. Shells shower ' ! " ia Avenue des Temps—forty civilians , ; ?bcen killed. Tuo Nationals aro returning tinted and disgusted Tho daughter has r _ fnl Dombrowski complains of the in- l *ll of his officers. Ho sayshe is waiting co-operation of the gunboats, which will bd Ldy in a few dajs. RjcmiiMi, April 20. fho colored people cel- kpted tho J.'tk Amendment Anniversary by a iLsuon. at the head of which was carried a Cer. Thoy wero addressed by George T. j^jing, colored, of Washington, who lauded Liduiiuistrationfor its treatment of Sumner, j^cjowd give three cheers for Sumner and Ls cheered for Grant. ... . Heavy rain and gnlo hero to-duy, which was j ;! r,'.l throughout tho State. Tho foregoing too klc for last night. knsvtiAE, April 21.—The Lower Board of lie City Council has voted §375,000 in aid of > s L:si:.villo and Nashville Road in their L.s.m extensions, contingent upon a lease Jr thirty years of tho' Nashville and Decatur ic-sd, and obtaining control of tho North and &Js Alabama Road. It will probably pass kilhrmon on Saturday, and be submitted •jif j t opic on the Oth of May. Srr Orleans, April 21.—A crevasse occur- *3 wsterday nt Wall’s plantation, parish of jiJsaes, on the right hand levee, fifty miles [fern the city. The Bonne Garre crevasse is ■jwn hundred feet wide, and increasing con* uo'iy. llave not yet oommenced the work if dosing it. London, April 21.—Versailles dispatches say a. Communists havo not recovered their lost pitions. A desperate honso fight occurred at frailly and Lavnllois. A decisive engagement jproyressiDg at Porte Maillot. Tho ramparts fining are a mass of ruins.' The shells rich Kuo da Caysin. Sote —There is still nothirg official or ex- flicil, though tho general tenor of the regular td special dispatches indicate that the Ver- sillists aro gradually gaining ground. WnkisoToN, April 21.—Francis H. Smith, «5eial stenographer of the Honse, succeeds General Howard as President of tho Young Hen's Christian Association of this city. It is stated indirectly, but reliably, that the :3cial count of the Connecticut election gives hylisn a clear majority of forty votes. The Conference Committee of tho Pennsylva- lU Legislature have agreed upon an apportion* lu.nt which is based upon Geary’s vote, which - : „ivo tlio Republicans ono majority in ihs Senate after 1872, and six majority in tho House, jjuio Republicans are dissatisfied, but it is La lived the bill wilt pass. Itoatwall orders the payment of tho May in- ifteit on Monday without rebate. Hr. Louis, 'April 21.—California is now tbe mend wool growing Stoto in tho Union. One Kcdrc d tons of silk and ton wore shipped east- nrJ by rail to-day. Indian depredations in Arizona continue. The Indians appear to be applied with good arms. ~ Key West, April 21.—The schooner Sarah, bom Mobile for Havana, with lumber, sunk in :hd Tortngas harbor. £mu City, Mo., April 21.—A terrible wind ri:h slight snow prevails. The emigration Tcsiw.'.iJ taxes tho utmost capacity of thp toads. Yew York, April 21.—Win. A. Moore, tho- -'.vm! manager, is dead. Savannah, April 21.—Arrivod : Scbr. Rhodota Kew, from Georgetown. Cleared: Schr. Bur- -> t Ilart, New Haven. Yew York, April 21.—A World special dated rorij, 2ist, states that another revolntion is im minent. Tho Commune has errived. Tho Cen tra! Committee are accusing members of nego tiating with Thiers to betray Paris. The Na tional Guards are indignant, nnd threaten the ttrest of tho Commune unless the Committee ire reloased. Complete anarchy reigns. London, April 21.—The IIouso of Lords to- -■-.h: passed tho Meeting til!. In tho House o! Commons several members gavo notico of Elions adverse to Lowe’s financial plan. The joot of tho declaration of Paris of 1856, gainst privateering, end tho establishment of the principle that a neutral flag covers tho teeny's goods, eame up. Bcntrnck argued in favor of the withdrawal of England from tho s Secernent, and advocated the resumption of ilia right of search. He believed the United Slates and other powers would disregard the declaration in case of war. Roundall Palmer, Stephen, Cave, and others, spoke to tho same effect. The Attorney General replied, defend ing the Paris declaration, Fo said it was im possible to escape its obligations. Disraeli lamented the subject bad not been introduced earlier, so that it might havo bcon brought to the'attention of the recent conference of pow ers. It Is agreed that the declaration is in jurious to England, bat it most be respected until it is formally revoked. Gladstone insist- 11 that the declaration was binding, and its re vocation was not to bo thought of. Taris, April 21. — General Okolowitz is voaaded. The Versaillists have thrown up en trenchments on tbe left bank of the Seine, and tre concentrating at Puteaux and Caorbevoie, with the apparent intention of makings sortie 6 S«nst Lovallois nnd Villiers. The cannonade 01 Maillot gate continues. The journals whoso Oppression was recently ordered, continue to appear. London, April 21.—It is announced that Ger- !uan >' supports the claims of the inhabitants of Alsace against France. The ship Royal Arthur, before reported & o r °und, is a total wreck. St. Johns, New Foundlakd, April 21.—The «We in the Bay of Cape Briton has failed. Wasutsoton, April21.—Tho Joint Committee Congress on the Southern Outrages met to- »y and organized by tho appointment of Sena- 01 ^ cot “ 03 chairman. A permanent secretary *“ ‘Jso appointed. It was decided that the c«t meeting of tho committee be held May 17, at a sub. committee of seven, composed of four Ambers of the Honse and three Senators, is Ranged to meet on the 10th of Mhy, the same »• ty on which the extra session of tho Senate is Vrtikd. The fonr members of the House are %nard, Scofield, Waddell and Voorhees, and «three Senators will be designated from tho ®*a»tors who may be here on the 10th. This i committee will lay out a plan for investiga- tho 17th. It was thought bust not to hasten tho beginning of the investigation, bnt to waif fill' the effect of the lawjOBt enacted could be ob served. It is left an open question as to whether the different places in the South shall be visited through suh-oommittees, or whether .all testi mony 6ball be taken in Washington. .... 1 New Orleans, April 21.—Bonne Cano cre vasse is now two hundred feet wide and very- deep. * *<U :•••'«» ’ . , ; q New Tons, April 21.—TheTribnne cable dis patches from Versaileg on Thursday says, Brioret, a Paris deputy, proposed to the Assem bly that a committee be. appointed to treat with the Paris Government for conciliation and an armistice in tho meantime. Amidst great up roar, tho previous question was carried against a considerable minority. Jr-.- St. Denis, April 20.—There are symptoms of the Prussians leaving the forts, which will bo given-op to the regular Government. The Prussians will retiro toRheims. Seven thou sand troops have reached Versailles from Switz erland, and thirty-two thousand are ready to leave the same quarter for Versailles. Havana, April 21.—According to the Diaria, tho tactics of tho Spaniards are to be changod. Valmaseda inteads to confino the war to ono section of the country, and drive the Insurgents out of certain jurisdictions; then follow them and force them into submission. Valmaseda will remain in the jnrisdiction of Sanche Spin- tns and MorO until the establishment of a mili tary cordon, which will make the passage of Insurgents from the eastern departments im possible. The DiarioAays pacification by distr tricts may appear slow, bnt it is the only coniso that will bring back peace. ... i ■ ; y Paris, April 20.—There was fighting all day to-day. The Versailles troops aro massing for a grand attack. The discipline of the National Guards is bad. Tho men placed on guard at the Postern gate left without orders. The Ver saces troops have established strong batteries to the left of Valerian.. General Claseret has offored his resignation, as the Communists havo run into excesses; but tho resignation was not accepted. At Neuiliy, to-day, the Versailles troops drovo the insurgents within two hundred yards of Paris. Stragglers, consisting of ineni and boys of 1G, returned dirty and ragged and dispirited. -The commandant of the fortifi cations at Rue des Temps was shot through tbe shoulder. The Nationals havo jost attempted to retako Asnieres, bat failed. Thoy seem to prefer fighting under fortifications. Dombrow ski Las disappeared, and it is supposed bo is dead or wounded. At last accounts the Ver- : sailles troops were within a hundred and fifty yards of the ramparts. Pabis, April 21, evening.—The cannonading between Clicby and Neuiliy is incessant. The expeoted general attack by tho Versaillists has not commenced. Tho Commune is making immense preparations .for defence inside and outside the ramparts. Ver8.ux.lis, April 21, evening.—Tho Ver sailles army holds all offensive positions from Chatillon, south, to Gennevilliers, north of Paris, close to St Denis. . Washington, April 22.—Major James Bilge? has been ordered to New Orleans in charge of the Quartermaster’s Department. Versailles, April 22.—The morning news is unimportant. A slight cannonade is progressing. A decisive battle is imminent. Nenilly has been fired by shells and is burning. Philadelphia, April 22.—It is stated that the Knights of Pythias, in secret session, have settled the O. B. N. to tho satisfaction of all concerned. L. U. B. T. Halttcbd. April 22.—Tho effleial canvassers give English 25 majority. Tho Legislature, however, will havo the final judgment upon some alleged irregularities, which, if all decide in favor of Jewell, will elect him by ninety ma jority. The canvassers give the Lieutenant- Governor and Treasurer to the Republicans. The pc-oplo failed to elect tho Secretary of ' State or Comptroller. ? ' New Yore, April 22.—A delegation from tho International Grand Lodge of St Crispin at* tended the meeting of the Working Men’s Union, ealntiog the co-operation of the working men of New York in resisting the importation of Chinese. Norfolk, April 22.—Tho British iron steam ship Sapphire, heretofore reported ashore on tho Florida reaf, has been gotten off. The only damage to her hull was the loss of twenty feet of-keel.-'^ Jir - >» ' New Orleans, April 22.—Bonne Carro oro vasse is reported two hundred feet wide and twelve feet deep. Repairers have commenced working and hevo everything required. They hope to close it in ten days. The country be tween tho crevasse and Lake Ponchartrain is over flowed for twelvo miles. The Jackson railroad is flooded. Passengers, mails, eta. by that road come by boat from pass Manohao. Chicago, April 22.—Tho Illinois nnd Michi gan canal, giving a water communication with tho Gulf Stales, opened yesterday. Two months will be required to clear the canal of earth accumulated during the progress of the work. Washington, April 22.—Tho Committee of Arrangements for th3 sixteenth Annual Inter national Young Men’s Christian Association, in a circ"'ir just issued, says: “One influence which 1- td much weight in deciding on Wash ington us the proper place for the holding of this convention was tho belief that it wonld re sult in an increased representation from the Southern Slates, and the hope that the perma nent result might be a thorough revival of Christian ' association work throughout lha South. We, therefore, earnestly entreat our friends of the Southern Associations and also those in cities desiring to establish associations, to send ns a full and strong representation. We trust we may see a large cumber, availing them selves of this opportunity of mingling with ns on this occasion—giving ns the inspiration of their presence—gathering fresh zeal themselves and receiving, as wo are sure they-will, a cordial welcome from all quarters and a God-speed in their work of peace and love.” Many soathem railroads have agreed to re turn free, upon a certificate of the officers, del egates who have paid full fare to the conven tion. Several principal hotels will entertain delegates at half rates. President Grant returns on Thursday. M. H. Mahon, has been appointed mail agent between Selma and Dalton. The Supreme Court adjourned to May 1st Carlisle, Pa., April 22.—The cavalry bar racks have been discontinued after thirty years' existence. New York, April 22.—The Champlain Canal is open. Whf.et.ing, April 22.—Half of the town of Farmington, on the Baltimoro and Ohio rail road, was burned to-day. . A drunken party playing cards in a carpenter shop caused the disaster. Boston, April 22.—Four fishing schooners, be longing toFloncester, with all aboard, were lost in a gale on the 2d instant The crews’ aggre gate is thirty. New Yore, April 22.—A Buenos Ayres letter reports two hundred and fifty yellow fever deaths daily. London, April 22.—A special dispatch to tb> Times, from Paris, says tho Commune dele gated its powers to a Committee of Nine mem bers. - is reported that the Prussians will snrronder the fortsatillheld by them to the Versailles-troops on Sunday. Paris will shortly he isolated. Shell from the Insurgentbatteries-fall short .of.'Valerien. . :A Daily News special dispatch from Paris- says'.there. are serious discussions among the members Of the Commune. Communication with the Provinces is opt off. All citizens under fifty-five years of ago are require^ to serve in the army. The Telegraph's speoiol from Versailles says PMcciaim - i int. .sold to him prior to the' tfthftfer of tho notes, tho Prass^aHs aro preparing to evacuate OJuu- -(it being admitted that tho notes had been l- J AWA AUICJUJ' ' submit it to the full committee < Paris. A Times’ correspondent at Versailles says it cnljna.'v Gen. Ducrot ha3 arrived at. Versailles with twenty thousand men of tho Iato Imperial army. It iannnounced that Menotti Garibaldi will at once return to Italy. ■. . Brussels,- April 22.—It is reported that a portion of the army of Versailles occupied St. Denis, and communication with Paris by the Northern railway interrupted- . , . Versailles, April 22.—A cannonade is now in progress at advanced forts. A decisive bat tle is imminent. There is no truth iu the ru mor of a.Ministerial modification and supple mentary eleeftons to the Assembly.. . * . i President Thiers visited the wounded govern ment soldiers. A mutiny is reported to havo occurred among, the Communist troops. - Charleston, a O., April 22.—Off jho Port- barks Sterling, Phoenix, Isles. Sailed—steamers Champion, New York; Maryland, Baltimoro; schooners Myhoon, New York; M. C. Hart, Faliman; Charlotte Fish, Gorgotown, S. G.; A. G. Gran, Savannah; Cyrus Fessett, Bocksville, aO; " • Savannah, April 22.—Arrived—bark La Pair, Callao; steamer Lee, New York. Clear ed—steamships San Salvador, Now York; Montgomery, New York; Wyoming, Philadel phia; ship Frederick, Liverpool; bark Heroine, Boston; brig Columbus, Barcelona. Washington, April 22.—In replying to the Senate enquiry regarding shipyards, iron ships and .docks, Robeson replied, in effect, that the only proposals from any organized and reliable source, aro those of the International Steam ship Company, which he transmits with an an alysis of their provision and effect, saying that, by them, great advantage will be gained to the navy and the country. Robeson says, I will hereafter endeavor to suggest, in obedience to your resolution, some system to b° perfected 1 under your deliberations, for the establishment of lines and ocean steamers, adapted, B3*far a 3 may be, for commerce in, time of peace, and for naval militia in tirqq of war, and closes his letter with these words: , r „'. ‘ 'j “I cannot assume, oven under the sanction of your resolution, to point out, or to recom mend to what extent, in what manner, or nnder what safeguard, tho government should afford assistance to these objects. This is wholly for the representatives of the people, with whom is the power and tho responsibility.” Synopsis of Weather Statement. War Dep’t, Office Chief Signal Officer, 1 Washington, D. O., April 22,8:40 r. u. j Tho barometer continues falling steadily on the California coast. It has also fallen deci dedly at the Rocky Mountain stations and in the Northwestern States, with rapid Increasef of temperature. Tho high pressure which ad vanced Friday night into tho Mississippi Valley still continesin the Southwest and extends to Ohio. The light rain-and clouds of Friday night have slowly passed from Lakes Michigan nnd Huron to the Eastern States. Clearing op weather is now reported on Lako* Erie. Fair and clear weather have been generally experi enced daring the day from Virginia, south and westward. Probabilities: It is probable that the barometer will continue to fall on tho Pacific coast, and may possibly bring rain on Monday. Falling barometer, with cloudy weather and fresh winds, is probable for tho Upper Lakes on Sunday. Partially cloudy weather for tho East ern Stales. Clear weather south of Pennsylva nia and the Ohio river. New York, April 22.—Tho old cas& of John Mitchell vs. Gon. Dix, for alleged false impris onment, was before Judge McCann to-day, in a motion to strike it from the calendar of the State Court, on the ground of its removal to Hto U. S. courts. Decision reserved. London, April’22, i o’clock R. at.—In a report made to the Commune yesterday, Gen. Clase ret einimH to have repulsed the VersaillistB at all points. Other accounts declare the fighting to be murderous, and say the village of Couicclles, on the right bonk of the Seine, between Nenily and Cliohy, is filled with wounded. It is stated that an armistice is concluded for to-day for tho burial of the dead, and to allow tho inhabitants of Neuiliy, Cliohy and other towns under bom bardment to places of safety. A barricade is in oourso of ereolion under the arch of Triomphe. A demonstration was made by the English and Democrats in Paris, at which resolutions were adopted congratulating the Commune upon its succoss. The Official Journal of Versailles to-day pub lishes a largo number of appointments to the Legion of Honor in order to equalize the rc wards granted to the army of tLo Rhino, with those of Paris, Loire and the North. Generals Cbougarin, Bourboki and Basson are awarded grand crosses of tho orders. London, April 23—11 r. si.—A dispatch from Pans says tho representatives of tho commerce and industry of tho oapital arc about to make a fresh attempt at civilization, and will go to Versailles for that pnrpose. Tho-army of the Assembly aro strongly fortifying tho to*ns of Severes, Gourbevoie and Asnieres, end the Communists entering defensive works at Nenil ly, Lnvalloi3 and Villiers. The Mot de Order confirms tho entry of Versailles troops into Bt Deni3. There has been no cannonading since ten o'clock this morning. Decisions of tbe Supreme C’onrl ■ qf ers, to Georgia* DELIVERED AT ATLANTA, TUESDAY, APRIL 11, 1871. From the Atlanta Constitution. 1 Williani H. Ward vs. Sarah F. Wynn, guar dian. Complaint, from Oglethorpe. * Warner, J.—Where an action was brought by the plaintiff as the bearer of two prouiissory notes, payable to W. or bearer, against tho de fendant, and on the trial the' defendant offered in evidence his books of account, for the pur pose of showing that W. r tjie payee of the notes, was indebted to him lor'uoods and merchandise transferred by the payee to the.plaintiff after due,) and claimed that the amount of his.oc-r count should operate as a payment of the plain tiff’s debt protanto, or be considered ns an equitable defence to tho plaintiff's' action, which books of account were rejected by tho court. Udd, That the fact that the defendant had an account Against the payee of the holes, with out more, was not a good legal defence'against the plaintiff, who was the holder of the notes; to constitute a good equitable defence against tho holder of a note received after due, that defence must be in some way connected _with the debt sued on, or the transaction out of which it sprung, and snch equitable defenco should bo set forth in the defendant's plea 03 fully in a conrt of law as in a court of equity, if ho wishes to avail himself of such defence in a court of law. Judgment affirmed." W. G. Johnson, for plaintiff in error. Toombs & DuBose, S. H. Hardeman, for de fendant. tor. Joseph H. Echols vs. P: R.-Grattan, Execu- r. Complaint, from Oglethorpe. Lcchrane, J.—Suit was : brought on three notes, of which tho following is a copy: “§1,761 83—Twelve months after date. I promise to pay Eliza P. Gilmore, or bearer, the sum of seventeen hundred and sixty-one 33 000 dollars, for value received; the said sum to. bo paid in currency at tho present rates, 148 to 100, or in whatever.good eurrepoy may be used at the time the note falls duo, with interest from date. December 1st, 1865.” And tho de fendant set up by his pica that the intention of the parties to tho contract was, that the prop erty purchased, for which the notes were given, was valued in currency, and the gold equivalent of lho currency was made tho. standard of the payment, which at present rates would reduce the amount of the principal due. Held, That the principal duo was a fixed amount, expressed in tho face of the note, and that the sum stipulated to be paid m the princi pal dae under the contract, and cannot be reduced by any theory of construction arising out of the terms of tho instrument. • Held again, That while the legal intendment of the party may be inferred to mean currency in the expression dollar a in the note, such in tendment is qualified by the terms of tho con tract; and tho words ‘‘the said sum to be paid in currency at tbe present rates, 148. to 100,” which was the value of gold at the time, bears intrinsio evidenoo that this provision for pay ment in currency at a stipulated rate, was based upon a gold standard in the sum fixed to be paid in such currency. Held again, That the superadded words pro viding for payment in curronoy at present rates, 148 to 100, or in whatever good currency may boused at the time tho note falls due, strength . ens tho construction, that tho principal was the sum fixed to be paid and the term good currency contemplated by tho parties, reasonably intend ed a better currency than that previously ex pressed, and that the plaintiff, was entitled to recover the principal and. interest in good cur rency; and while wo do not affirm the principle of construction charged by tho conrt as the law of this case, nor accept the finding of the jury, as strictly accurate, under our view of construc tion, still, as it appears from tho credits awl terms and time of the trade, that Mrs. Gilmore contracted to receive good currency in payment of the note, and the verdict accomplishes sub stantial justice between the parties we affirm the move of the court below. Warner, J., concurred. McCay, J., dissenting.—A promissory note mado in X865, payable generally in dollars is payable in United States currency, end when tho parties ndd to such a note the wo: <ls, “Pay able in ourroncy at the present rates, ! 43 to 100, or in whatever good currency may op u-td at tho time the note falls dae,’’ the true construc tion is, that they intended to make the note payable in 'currency at all events, but that it should bo secured and paid as discharging more or less of the face of tbe note, accordingly as it should at that time bo worth more or less than the rates'agreed on, to-wit: 143 to 100. Linton Stephens, W. G. Johnson, for plaintiff in error. S. H. Hardeman, R. Toombs, for defendant. “Hurrahfor David Davis.”—Some of the New York Radical papers say that certain ' leadigg wire-pullers ofthe Democratic party, Tamman " * — - - including tho' ay Sachems, have effected a compromise upon the question of the Presi- tial nominations by laying aside Hendricks, deni Hoffman, Pendleton, Hancock, Gratz Brown and all of tho rest and uniting upon Judge David Davis, of Illinois, now one of tho jadges of the United States Supremo Court, and a gentleman of superior attainment and great personal poplarity in the West. Tho namo of Gratz Brown is mentioned in connection with the nomination for Vice President, and it would undoubtedly add strength to the ticket In these movements among the Democrats we ob serve a general desire to waivo sectional preju dices and to go to work in earnest for a restora tion of the party to national power. In Judge 8 tnoy will find a sound statesman, and t not at ail identified with those dead issues which somo impracticable Democrats still desire to have attached, liko barnacles, to the old Democratic ship.” The foregoing is the phraseology of tho Her ald, which professes to get the information from exchanges. The World presents the re port on the authority of “a radical paper in Philadelphia,” given “ on tho best authority,” and does not contradiot it, but adds: Judge Davis is a Marylander by birth, a graduate of Amherst, a Brooklynite by residence until he moved West, an old line Whig, and was a friend and neighbor of tho Iato Mr. Lincoln, of San gamon county, who appointed him to the Su preme Court. This is all the information we havo. All we have to say is if David Davis is the Demo cratic nominee for the Presidencyin 1872,we hopo he will be elected. IJfa a creature is stirring, not even a motffie the happy housekeeper said as he lay quietly ip his bed after cleaning tho premises of rats, A company of mronauts are being formed ifc* Ifegbe; bed bugs and roachos, with Isaacsen’s : gURB Pop.” Sold by all druggists, april 14-sod&wlw. Jas. H. Rogers, Sheriff, vs. Rebecca Silas ot ol. Rulo against Sheriff of Hancock. Lochbane, C. J.—When, in a rule against the Sheriff, ho answered that he hod noi,inade-.tho money because the fi. fa. issued upon a judg ment founded on a note given for negro pitfp- erty, which was admitted ou’thb hearing: V Held, That while a Sheriff is a ministerial of ficer, and it is hi3 duty .to execute all process placed in his hands, and let. defendants set up their defenses to snch process, yet, uncl. r arti cle 5, section 17, of the Constitution, and arti cle 41, section 5, there was no jurisdiction in the Court upon such answer, to make the rule absolute against such officer, and that tbe ex ceptional character of the case and tho ccasti- tutional inhibition of jurisdiction was protec tion of such officer in the premises, against rule. Judgment reversed, upon the ground that the Court erred in granting the rulo absolute under tho facts. McCay, J., concurred. Warner, J., dissenting.— A sheriff is a min isterial and not a judicial officer, and when all execution is placed in’ his hands for collection, issuing from a court of general jurisdiction, regular upon its face, it is not a legal showing for the sheriff to answer to a rulo for not_ mak ing the money due thereon, that the considera tion of the debt on which the judgment was ob tained, was for a slave or Blaves, the moro es pecially, as tho recoid in this cose does not show whether the judgment was obtained before or since tho adoption of the Constitution of 18681 For aught that appears from this record, that defense may have been set up on tho trial of the case in which tbe judgment was rendered ; there is nothing on the face of the jadgment or execution, showing that it was founded on a slave debt, and unless that fact had been mado judicially to appear to tho sheriff, by an affida vit of illegality or other lawful proceedings, he cannot, on his own mere motion, suggest that fact as an excuse for not performing his duty when ruled for the money. Tho sheriff cannot, 03 a minsterial officer, bo allowed to go behind tho judgment, and decide for himself, that the debt on which it is founded, was a slave debt, as an excuse for not obeying tho mandatory process of tho court places in his ' no legal excuse for hands. It wa3 sheriff, ae a ministerial officer, when ruled for tho money, to assume, and decide for himself, that tho execution issued on a jndgmont for a debt, the consideration of which was a slave or slave, than it would have been for him to assume, and decide for himself, that the execution had issued on a. judgment founded pound a tion; that iff, and consequently is no legal defence to the rule against him. L. Stephens, for plaintiff. Dot * ‘ * * ere, to go to-merchants and purchase theardcles ordered, and havo tho same chargedtothe'com mission. merchant, and the 'commission mer chant charged tho articles to the party ordeflngT The court charged the jury }hat it was doubtful 'whether the order of the defendant made Tate his agent to purchase tho com. Udd, That under the order r Eent by the de fendant to Tate, he had the authority, to pur chase tho corn, and chargo the defondant'with the price thereof, and make the defendant his debtor therefor, but did not have the authority to authorize the plaintiff to Eell the defendant’s corn, and thereby make the plaintiff's debtor. for the corn. If the defendant received the - the com, and used it with a full knowledge of the facts, that would have been a ratification of the transactions, and the defendant would be li3blo to p4y the plaintiff for the bom. Reid a gam. That the bill for the corn ac companying the shipment thereof, was proper ly admitted in evidence on the trial. Held also, That it- wfcs an error in the court in its charge to the jury, ta express or intimate its opinion as to the evidence in the ease, un der the provisions of the 3143d's*ejsHoh of the .Code, and in not charging the jury as: to the ratification, by defendant, of tho salo of tho com by plaintiff to defendant on his coedit nn der the evidsneo contained in the record. , 0 yd o Judgment reversed.!) . McCay, J., concurred as follows.: Where A.‘ having authority from B. to send him. one hun dred bushels of com, to-be paid thereafter, bought it on B,!s credit and 09 B,’s agent, from H., but sent it to B. as corn furnished, to him by-D. & A. as partners, 'to bo paid for there after, and B, used the com: Held, ThatC., provided' H. has not settled with A. or A. & D. fo? the com, may notify him of the facts, and demand payment, and on re fusal may maintain aneaotlon iu his own name for thayalne of thocorn.- - A. Roebuck, for plaintiff Toombs & Dnbose, for defendant in error. od-1 vd • ' i nw y •: Georgia Baptist CouTeuIIon. Cartebsville, Ga., April 20, 1871. Editors Telegraph • and Messenger ;—Tho largest, and one of the most respectable Con ventions of tho Georgia Baptists, that has met foryeore, is in session here now. Dr. P. H. Mell, of Athens, has been re-electe’d President; Rev. G. R. McCall, Clerk, and Rev. N. A. Baily, As- sistant Clerk, havo been re-elecled. Tho Con vention, to all appearances, is baTmonions, the best spirit prevailing. A number of distin guished visitors from other States are present, including Dr. A.' M. Pbihdexler, of Virginia; Dr. J. P. Boyce, of Sonth Carolina; Dr. N. M. Crawford, of Kentucky; Dr. T. C. Toasdale, of Tennessee; Dr. S. Henderson, of Alabama. Tho only matter likely to breed a division or difficulty in tho Convention is the removal of. Mercer University from Penfleld to Macon, bnt it is too early in tho session yet to say anything definite on tho subject Bnt it is thought that the action of last session will bo attacked, and that an organized effort will bo mado to procure a reversal. It is very doubtful if suoh an effort can meet with success. If anything special occurs I will write yon. •-l-.:,.,.- An able and elquent speech on Foreign Mis sions was delivered this afternoon, by Rev. Dr. Poindexter, of Virginia, which secured a lib eral collection. The use by royalty of “ we” instead of “F’ is attributed- to King John of England in 1190. “ We” don’t know the name of the editor who- 1 first used it. FINANCIAL AND COMMERCIAL s- Dally Kcvlciv of trie Kn-UcU E. H. Potter, for defendant. A. H. Ketchum vs. D. R. Verdell. Complaint, from Elbert. Warner, J.—An action was brought by Ketchum against Verdell tore cover tho value of one hundred bushels of com, and on the trial it was proved that in tho latter part of tho year 1866 Verdell, who resided in Elbert county, wrote to Tate, in the city of Augusta, one of the firm of McCalla, Tate & Co., who were en gaged in tho prodaco and commission business, to send me (him) two hundred bushels of com, and when I come down you and I will arrange or settle it.” It appears from tho evidenco tho record, that Tate, or the firm of wbicn he was a partner, did not havo the com, but Tate went to the house of the plaintiff and made an arrangement with him to send Verdell one hun dred bushels of corn on Verdell’s credit, which was done, and the oom was charged to Verdell on the books of plaintiff. The com was sent to Verdell by boat, and accompanying the com was a bill? mado out against Verdell, the de fendant, therefor, in favor of McCalla, Tate & Go., which was delivered to him when ho re ceived the com. It also appears that tho plain tiff had sued McCalla, Tato & Co. for the com and failed to recover, bnt on what ground, the record doe3 not show. Tho plainliff then snod defendant, Verdell, for tho corn. On tho trial, several witnesses wero examined, and it was proved to bo tlio enstom of commission mer chants, when orders were received from enstom- OFFiOETELEGRAPH AND Aram 22—-Evening, 1871. Cotton,—Receipts to-day 13 bales; Bales 295; shipped 450: • < Tbe market ia still uncharged-. It closed with a good demand for middlings at IS cents. USCON COTTON STATEMENT.; Stock on hand Sept. 1, 1870—bales.. . 2,334 Received to-day 13 ~r,~- 1 Received previously 33,442—96,455 Shipped to-day ........ .Shipped previously..... * 93,789 .:.... ' 45.0 ...;..92.293—92,748 Stock on hand this evening .'. ...»’ -• 6,041 12}£ - <♦ 13 r-12 ® 12J4 & 10X id 20 @ 12 @ lltf & 9* The general market continues quiet.and dull. Grain and provisions qniet and prices eteady. We quote: ' "f' ' BACON—Clear Sides (smoked). Clear Rib Shies femokert'. Shoulders..,. .....*............ 10 Hams (sugar-cured).... ... 18 BUIiS MXAT&-^desr.aidMjf a;, s - -. ; C!ear rib sides "Shoulders 9 GRAIN AM) SI A V. CORN—White. MEAT. GRITS OATS *. WHEAT—Per bushel FIELD PEAS HAY—Northern ‘‘ Tennosse TimoMiy.... Herds Grass .. Xenneeaee BOOTHE BEST AND GO WHERE THE BEST 18 TO BE HAB. SST^lBLISHED XU 1852. THE MOORE COTTON GIN. V Br, ALSO, A GENUINE PATTERN OF THE GRISWOLD GIN . rrt„r--', v It pphetites AT DOUBLE WELLS. Lvt- ’ fV'HE undersigned, having 1 before the war— TheJa resumed tho manufacture of the above Gin, proposo to make if what itwoe c-nfficient guarantee. We havo secured the services of eome of tho best mechanical talent in tho North ern shops, iu addition to some of the best workmen from the shop of the late Samuel Griswold. Mr. Chas. Gardner, who served eight years’ apprenticeship under E. Carver At Co., at East Bridgewater, Mass., and who was employed as Superintendent ot the Double Wells Shop, from tho commencement of tho manufacture of the Moore .Cotton Gin, until its suspension, is again at his post, and will give each Gin his personal inspection before it leaves tho shop. -In calling the attention, of planters to our Cotton Gins, we desire that they ehou’d notice tho improve ments that we offer, which are substantially as follows: A PORTABLE ROLL BOX, For obtaining any inclination of tho Gin Bib or Grate, is used; tho object of which is to improve in tho quantity ginned, or lessen tho quantity arid improve tho quality of lint. Also, to gin damp or wet cotton to alter tho picking or separating the lint from tho seed—either to tako more lint off, or less lint from the seed, as circumstances require. Wo use both tho common Bolt Box and a Swinging Front. Tho - au tho s I ' " latter is arranged to lot out all tho seeds and hulls in a moment, tnd fit very easily managed. Wo make, cannot bo exceHM by any hairbrush used. Tho biiatlts aro all drawn in by. .a cord, and the timber is all selected from th$ beet lumber, well seasoned; and every Brush is mode perfectly fire and rat proof. CYLINDER AND BBUSH POXES Can furnish either, as may be ordered. Wo line them with tho beet Are both oscillating and plain, babbit metal. _ v> _ ^ <GrIIN SAWS, Wo mako all tho Saws that wa h?o from tho best English Cast Steo’, and of any s-iza that mar bo de sired. Wo employ, 'to superintend and manufacture our Saws, ono of the best saw-makore in the South; and our machinery far the manufacture of Gin Saws cannot be excelled. COTTON SEED CRUSHING 31ILL. tly-ancces* f ul mt .. ^ with the Cotton Seod’Crasbing Mill attached. It will hardly bo necessary here to allude to the immeneo saving and economicaLuee of emshod cotton seed, as a manure. Wo received a gold medal as a premi um, from tho Fair of tho Cotton- Planters’ Convention, held in .Macon,,G*., ISM, tor tho host Cotton Seed Crushers attached to tlxS' Girt Stand, to crush tho seed as fast as it escapes from tho Roll. Wo re fer to soma of tho many certificates that wo-havo on tho subject. : . • . to * T^LAJl, OF THE GINS. Wo keep constantly on hand seed cotton, and every Gin is tried before it leaves the ehop—old Or new OUOS. * - A>1> 1 ■ 1 ' REPAIRING OTP OLD GINS. Wo have a complote assortment of tile very best Cotton Gin Machinery iu the country, ana make ro- - - - -■ • '• Planters will do wall to send in their oil Gins, and havo them made as pairing of old Gins a specialty. Planter. I—, — . good as now, at a much Ices cost than .& new Gin can be bought for. Seed t n your orders and old Gins early. We" are also authorized by Messrs. Findlay’s Sons to reet ive orders foe Findlay A Craig’s Screw Cotton Press, and Craig’s Patent Portable Horao Power, and Castings generally. For particulars, send for Circnlar and Price last. ' apr23 eodAweow&swtf SAWYER & MOORE, FINDLAY’S IRON WOBKS, MACON, GA. PRICES OF THE MASON & HAMLIN Oajpdnerfc _.p:cga<iAS; H AVING vastly increased their facilities for manufacture, the Mason & Hamlin Organ Company aro now! enabled, to.offer their ytg!1 known Organs t " ■' ' which aro tho Acknowledged Standard of Excellence among Instruments of thechisa, at prices of infe rior work. They print their lowest prices, which are, therefore, alike to all, invariable. Tho follow ing aro illustrations: Four-Octave Organa... $50 Tho Same, Double Beed.P 5 Five-Octavo Organs, with Tremulant, Carved and Ornamented lw Tho Same,-Double Beed, with Five Stops.... 12« Forty Other Styles, up to..... L.OuO l 05 @ 1 IQ 1 15 © 1 20 1 25 75 1 40 1 80 S-l 25 © 1 £0 1 75 2 00 2 CO 3 00 2 OC Stormisi£ Uariiei Scporf. New Yobk. April*22 — Cotton dull; middling uplands 14Jy*, Orleans 15%; Bales 1,000. Turpentine qniet at G0@61. Rosin qniet; strained 255. Freights eteady. Flour dull and heavy. Wheat qniet and steady. Com unchanged. Pork qniet at 18 25@18 50. -Laid heavy. Governments dull and steady. Stocks active and not so strong as at opening. Southerns dull.— Money steady at 5 ; <6. Gold steady at 11. Sterling long 10; short 10%. .i Losdon, April 22, noon.—Consols 03%. Bonds so;*. Liverpool, April 22, noon—Cotton flat and irregu lar; uplands 7X'oj7;*; Orleans 7%@7>*; Bales 10,000 bales. Slarhei4“*hveniu2 Report. Nsw York, Apiil 22.—Cotton firm; uplands 14%; ealos 1207. Flour, Southern dull and 5@10 lower; common to fair extra C 7o<®7 -30; good to. choice 7 45@9 00. Wheat dull and heavy; winter red and amber wes tern 1 58(®1 61. Com lower at 72<E73. Pork lower; old 18 00@18 lt%. Beef qniet. Lard lower; ket- tio 11%. Navals qniet. Groceries steady. Freights steady. j Monty 4^6. Sterling 9%@10. Governments, little change. Southerns dull, except Tennessecs and South Caroiinas new; Tennessees 67, new 01%. Virginias 10%; new 71%. Lonieianas 67; new 63. Loveo 6s 11%; 8s 85. Alabamaa 100; 5s 70. Georgias 82; la 83. North Caroiinas 48Jf; new 25 South Caroiinas 72; new GIJ^. Gold 10%@ll. Bank Statement—Specie decrease one and three quarter millions; loans decrease over one and a quarter millions; deposits h.crease nearly two and a half millions; legal tenders in?;:a od four mil lions. Governments, 8lsl6j<: fits ISUf: 13?/; C5s 13%; new 12%; 67s 12%: C8s -u 10a 9%. Cincinnati, April 22 —Flour du’ md unchanged. Com steady at 57. Pork dull and u hvrgfd Bacon Steady and in moderate demmd;.eic r cidos 9K@ 10; shoulders 7% Whiekr a l■ > Baltimore, April 22—t •'■o' demand; middlings 14%; net receip . - . - ► ■ 17; ox- ports to Groat Britain ; .e-uu aid: sales 425; stock 9930 Flour quiet and weaker. Wheat firmer; choice and fancy white 2 00@2 55; prime to choice rod 1 90 @2 06. Com better; white loutliem 78; yellow southern 75&78. Provisions unchanged in every respect. New Orleans, April 22.—Flour dull; superfine 5 75; double 6 85; treble 6 50@C 60. Como&sierat 26 00. Pork lower at 10 50@19 75. Bacon, shoulders 7%; clear rib eides 10%; clear sides 10%; bams 15 @15%. Lard dull; tierce 11%@11%: keg 13@13%. Sugar, demand fair; prime 10@10%. Molasses in good demand; plantation reboiled 3a(S40. Coffee inactive ana nominal at 14@15%. Whisky firmer* western rectified 90(5)95‘ ^Sterling 21%. New York sight % premium Cotton market qniet and weak; ~‘ddlings 14% 014%; net receipts 4011; grosp -£24; exports to Great Britain 1532; to Bar A>na 480; to New Yoik 1983; sales 4200; stock «»,2i2. - Augusta, April os—Cotton market closed dull* Liverpool mid^S® 13%i sales 300; receipts 100. Sayans 111 , April 22—Cotton in moderate demand; liddl^ff 9 13%; net receipts 1104; exports co&st- soo —; sales 1300: etock 54,067. Nobeolk, April 22.—Cotton dull; low middlings 13%; net receipts 820; exports to Great Britain 803; coastwise 618; sales 125; stock 2211. Boston, April 22.—Cotton market doll; middlings i@15%; not receipts 315; groeB 825; eales 500; stock 13,500. „ ... Charleston, April 22.—Cotton dull; middlings 14; net receipts 689; gross —; exports coastuiso ; eales 300; stock 18,029. Galveston, April 22—Cotton weak but firm; All in soM Black Walnut. All the Organs made by this Company are thoroughly finst-olaao m o-rory respect. They will not vmko tho so-called cheap Organs at any prico. Tho comparative superiority of their instruments is now greater than over be fore, as every competent judge who will carefully examine and compare must perceive. ILLUSTRATED CATALOGUES, with wood cuts from photographs of the different styles, full information and lowest prices; also, testimonial circnlar will bo sent free to any address. MASON & HAMMY OBGAN CO.,: Warerooma, 596 Broadway, New York* For sale in Macoff by G. P. GUILFORD A OO. apr7 eod&wtf ' • @LI) CIROkfM BITTERS, DELIGHTFUL TOIJIC ics In the Pbarmaeopia; As oyidoneo of the superi ority of oar Ritters e ver *11 others, wo havo cerhE- catcstrom many of ehe .lea.^in* I phj^ J! '.aa in our r rraetice. tato, who havo prescribed them in TBS OLD CAROLINA BITTERS WfiJ.be found Wainabl# for WANT 01 Al’FLTLTE.. hSaiJitAL DEBILITY. CHILLS:AND FBVSa. DYSPEPSIA. We do net offer «mr Bitters .as a enro ror-aifidic- ^os. bat ’ For s:de by Drhesfcts and Greasra everywhere. Principal Depot, GOODRICH, WINEMAN A CO.. Importers of choice Druse For sale in Macon by L. W. Himt & €©. mayffi-eod&wly SSERK kCITE BUN DOWN.” How often is this ex- \J presaion ueed bypereons whose bodies and minds are exhausted by the toils and- anxieties at badness life. Mere stimulants do no good iq such cases. Tho first effect is transient. The reaction disastrous. In Tarrant’s Seltzer Aperient, the true remedy for tins breaking down of physical energies and the animal spirits is provided. - It ren ovates and refreshes the assimilating organs .and tho nerves, while it carries off, without violence or pain, all thiiiinpurities which clog tho. bowels and vitiate tho Wood. In indigestion, bilibusneaw. con stipation, nervous weakness, and hypochondriasis, it has no rival, except tho waters of the Seltzer Spring itself, of wlifclt it 4 the exact and perfect equivalent. •' • - SOLD BY ALL DRTGGISTS. -• ap?23eod&w2w i : r ! TIic firefii,Jlauical Discovery! Dr. \V.4W$@R’3 CALIFORNIA ,. VINEGAR SITTERS, cs a- _ Co Hundreds of Thousands Scarteftlnionj-tothPlr Wonder- c -“ ful Curative Effects. If? WHAT ARE THEY?IS| fc alFANCV THEY AES NOT A VILE DR1WK, Slade cf roar llm-i, AVhUker, Prcut SriritnanAUcrarc l.iriuursCoctor.d.P'plcccl andfwcstcscdto please the taste, caUii*‘T«n.- ;c5,”“ Appetisers,'* *• K-storers,” £e., t’eot'dead tiis tippler on to dnmkc.mcss and rn!.a,.lectors a trie Medicine,male from the Native Itoots aqA, cf California, free Drawr nil A'coliolfe - riti«;nlams- Ti.ev are t!ic (i It EAT BLOOD J URJI'IEJl a;id Dll'S GIVING 1’ItIX- C’lPIdEapcr&ct Ker.ov-itor eadlivvlsoratoref Sj-i t.-m, earrvi-3 off allpqi'ioaosiujstter end- Adjoining Passenger Depot, Macon, Ga . ANUFAGTURER8 of Bchofieia’-^ 40 ^ p 0 - 102 M ASAVVA-ttVA VAtUAUJ Wi W.UVMW- /V- ft.™, MUk, Grint & a G S«: terns of all kinds f*“ good ordinary 12; net receipts 1852; exports to Great Britain ; coastwise —; sales 2000; stock 52,475. Mobile, April 22.—Cotton qniet and steady; mid dlings 14%: not receipts 095; gross ; exports to Great Britain ; ooastwiso —; sales 600; stock 42,070. Wilmington, April 22.- Cotton market steady; middlings 14; 'net receipts 49; exports coastwise i sales 86; stock 1765. Liyebtool, April 22, evening. — Cotton closed Iron Mailing and Balconies For Gravo Lots andBcsidenc.es, in the State. Saw and Grist MiH« repaired—also Machinery and Castings of all kinds. mors smAgs, At lowest prices for cash, j. a. SCHOFIEM) * SON, Proprietors. N. B W& are solo agents for Wheel Leffel’s Water marGddwtf notice. in each month. _ j. p. SHINE, mar28-d&Trlgt " . Diet. Judge. Schofield’s Patent Cotton Press H AS given more universal satisfaction, and mot more ready sale, than any Cotton Frees in use. In order to accommodate planters, we sell for Cash, Warehouse Acceptance, or for Cotton to bo delivered next fall. Send in your orders early, if yon would be supplied. »pr7 difcwtf - J- S. SCHOFIEM) A SONS. 1*:VrYiinAUrdn/fcvy ttutl Chreclc llhi'B- - a)ai!«n soil lion;, Djopciuia i-r Inji- ffesllon, Billon*, Kcmittcut and Inter— ■•liltLcut reve;—, Diseases ol'the ItlooO, Liver, liitiasiH, and Bladder, these Bit tern have been most fnecessh:!. Sneh Die* t-n»cs arc caused by Vitiated Illootl, uhlcU U generally prodnccl l>y dc-aaseiacr.t cf the. pleestlvc Organs. ■ DYSPEPSIA OR INDIGESTION. Headache. Pkla iatka Shoulders, Congbs, Tight- nc>s of tU3 Chest, Dirrincs;, Soar traditions of the Stocnofa, End In tho Month Dillons At tacks, Palpitation of tha Heart, Inflammation of the Lunge, Pain In the regions of the Kidneys, and thaadrod other palafa! symptoms, arc tbe off- sprints of Dyspepsia.’ Thry invigorate tbe Stomach end stimulate the torpid liTcr and bdwei!, which render them of un equalled efficacy in cleansing the blood of &U ImpuriUei, and Imparting new life and vigor to the whole aystern. FOR SKIN DISEASES, Erapttena.Tctter, Sait Khcnm, Dlotchcr. Spots, Rmplca, restates. Boils, Carbuncles, King-Worms, Scald-Head, Sore Eye*. Erysipelas. Itch, Scnrfl, Discolorations of the Skla, Uainor3 and Ureases ofthe Skin,of whatever nama or nature, aro literally dng up and carried out of the system In a 6horttlmo b7 the use of these Bitrera^, One bottle In snch cases will convince the most Incredulous of thelr- enraHvc effect*. Cleanse the Vitiated Blood whenever you And. 1*3 impurities bursting through the skin In Pirn- r .ier t Eruptions’or 8ore» ; cleanse It when yon Had it obstructed and sluggish In the veins; cleanse It when It Is fonl, and your feelings will tell you when. Keep tho blood puro and. the health of tho system wiilfeliow. -9PMC* TA PE and ether WORMS, larking Iu tbe system of so many thousands, arc effectually destroyed and removed. For fail directions, read carefully tho circular around each bottle. J.WALKEE. Proprietor. IL H. MCDONALD St CO., Druggists and Qen. Agents, San Francisco, Cal,, and 32 and31 Commerce Street, New York. SOLD BT ALL DTUTGGISTS AND DI THE TAX BOOKS on tho 1st day of April insfc Office over Boardcian's Book Stoi to the tight. " aprlO dAwtf Ms axB'