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JLISBY, JONES & REESE, Proprietors.
The Pjlmily Journal.—News
GEORGIA TELEGRAPH BUILDING
Istablished 1826.
MACOY. TUESDAY, SEPTEMBER 5, 1871;
Volume LXV—No. 10
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Ode to the Stars.
B t r.EV. B. JOHNSON, MACON, OA.
.tratdifirea from the citadels of Heaven,
iver Earth a darkened tents high vigil keeping;
e mrk God's mighty camp above, and tefl
noner—the Lord of Hosts—and Love unsleeping,
toft proud arithmetic essays in vain
onaipTonr numbers; Science furls her wings
npreeaed with Gloiy! Infinite beyond
throng the depths of space with mystic splon-
doiings.
nth hath Us histoty; its storied lore
icords its loves, its triumphs, its decay,
a Bards can vivify what is no more.
s lvres give life to its sepnlcbral day.
uur histories, their trailing grandeurs all;
our nanus—unknown1 this only, that aflame
nth slorions scorn, ye watch onr destimes,
tab o'er om guilt, and beam derision onour fame!
wtetioue stars! on yonr unaltered faces
he pale Magicians looked of old, and hoped
e read the Future: culled in their dark places,
heir poieccous weeds, and wandered, doubted,
groped.
r vonr cold beams led on. I crave but this,
! pivination’s power indeed ye wear,
el! me, prophetic Stars, is tbere a bliss above,
.Hgb to compensate for lights of Life quenched
here?
Eger's blind turbulence; insultant pride,
nd vengeance stamping on its bleeding foe;
‘morse! by which the heart-springs all are dried,
Lick fr. alien man's drear pilgrimage below,
a be tenants of a clime so fair ?
jotts that T.tan-Fas sion’s dire control,
kickwritliing in its bed of flame, dethrones
te mountain mind, and makes an iEtna of the
soil?
old, ye fought with God! defending high
h* Eternal order of his Holiness!
er the wide Ages flashed yonr herald fires,
Word and Sky— twin firmaments of Grace!
nth's wisdom rose and followed on yonr Light!
ink's I’escs was sealed with Heaven’s own Bla
zonry,
cd still, ye speak of kings, and powers to come,
leading Creation's morning-hymn with Christ’s
Eternity!
Fbe stars shall fallfor God shall gather back
com yon dismantled skies, bis glories all;
save’n claims theeo jewelled splendors for the
crowns
f starry cools at Christ’s high Festival.
Iierefore, above tbe Cross yo ep&rklonow,
wait its triumphs and reflect its Peace 1
b! fill me with the radiance of this Hope;
elp mo, ya stars of God, to reach and wear tbis
bliss.
love lo contemplate your thronging ranks,
cd feel my smallness; and as on my gaze
fckt-s yonr Archipelago of Light,
ntk vanishes before tbe inspiring blaze!
mess misty veil awliile seems drawn aside,
nd there above the darkening thrall of Sense,
s stand—the chronicles of Power Divine—
in's sceptic ken to guide to God’s Omnipotence.
ecisions or Hie Supreme Court of
Georgia.
tUVEEID AT ATLANTA, TUESDAY, AUGUST22, 1871.
wn the Atlanta Constitution.)
JohnT. Wilhs, sheriff, et at., vs. John P.
enderson. Rule vs. Sheriff, from Early.
HcCar, J.—Where certain lands were levied
iasthe property of the defendant In fi. fa.,
rite filed an affidavit of illegality, setting up
at the lands were the property of a partner-
ip company, of which ho was a member, and
so a claim to tho lands in tho name of the
utierehip:
Uth}, That under section of the Code
* assets of a partnership, including lands,
* pwtnership being for tho purpose of farm-
S. are not subject to levy and sale under a
%»env against one of the partners.
•• The interest of one partner in the assets
: the partnership must be pursued by a gar
ment against the firm, and the Sheriff was
it gnilty of a contempt in receiving the effi-
mt of illegality and the claim, and, and stay-
flic proceedings.
Judgment reversed.
“• Sims, for plaintiff in error.
“■ Fielder, for defendant.
F i. Demington for the heir ofR. B. Carrier,
u D °°Slass. Complaint, from Randolph.
_«cy*T, J.—Where a suit was pending on a
omissory note payable to A only, and the suit
•»ia the name of A for the use of B.
That C, who was tho true owner of tho
'•«, and who contracted the case, might make
-* affidavit that all legal taxes duo on tho note
rikeen paid, as required by the act of Octo-
»13,1870.
■■ That it was proper in O’s application to
^mit tbe declaration to be amended by strik-
f ®*t B's name as used and inserting the name
judgment reversed.
»<wiT. Clark for plaintiff in error.
*• L. Douglass, H. Fielder, for defendant. *
A. Ilawson vs. Charles R. Burke, and
*• A - Kawson vs. H. M. Jenkjns. Dismissal
Vf* act of October 13, 1870, from Stewart.
«!»*’ ?—An affidvavit by the plaintiff in a
Ming suit on a debt contracted before June,
, > *hich affidavit states that all legal taxes
Argabla bylaw In tho debt have been paid for
4 yew since the making of tho debt, is a
MUntial compliance with tho act of October
7°. though the word “duty” Is omitted.
'Mgment reversed.
^T. Watts, John T. Clark, for plaintiff in
dckdani T ° C ^ 0r ’ ^ograham & Crawford, for
Kraton, administrator, vs. Jno. B. Mnl-
Wi from Early.
. J-—This was an action brought by
Plaintiff against tho defendant on a common
,****4. From tho written submission of
iis i in controversy between tho parties
J™tffll whether any other matters were
i.i to *1*6 consideration of the arbitrators
u by them than tho validity of tho
m the plantation and stock thereon, and
i of tho plaintiff as agent of the de-
ilT-tpnor to the sale. Tho award of the
/‘rotors is, that the salo bo set aside and that
u;,, L and equitable that tho defendant should
t.], ‘oo Property sold by him lo the plaintiff,
f is * tae defendant should pay to the plain-
roo sum of *1,800. On the trial of tho
J-. ^.Pcafed that the plaintiff was in pos-
y.ay property as the agent of the de-
* Ti i . timo of the pretended sale there-
iimiff k j n ^ ant offered to prove that tho
Urd • , not cooopUed with the terms of tho
jji, * n turning ovc-r the property which was
rivii ? c , 5sion63 iko agent of the defendant,
lick claimed under the pretended sale,
art . ce > 80 offered, was rejected by the
f nra i ar y found a verdict for the plain-
charge of the coart as to the con-
* trio" 011116 awar3 i and a motion for a
**s overruled, and the defendant ex-
I That the award was conclusive as to
is dnnS# 8 ?!? 111 ' 116 ? to tbo arbitrators, but as
uonhifnl from tho terms of the submission
sseil ,“alters were aubmilted and
u upon by the arbitrators, tho court should
Held also, That it was competent for the de
fendant to have shown on the trial, that the
plaintiff had not complied with the terms of the
award In turning over to the defendant all tbe
property which he pretended to have purchased,
and which the award authorized the defendant
to retain; inasmuch as that would hot have im
peached the award, but would merely have
shown a non-compliance therewith on the part
of the plaintiff.
Judgment reversed.
J. E. Bowers, R. A Clark, for plaintiff in
error.
Sims & Crawford, Hood & Kiddoo, for de
fendant.
E. McDonald & Co., vs. H. G. Faegan, Sher
iff. Bale against Sheriff, from Stewart.
Wabneb, S.—This was a rule against the Sher
iff calling on him to show cause why he had not
made the money on certain distress warrants
placed in his hands, issued by a Justice of the
Peace to enforce a factor’s lien under the 1977
section of the Code, the amount of each being
less than one hundred dollars. The Court re
fused to grant the rule against the Sheriff on
the gronnd that the court had no jurisdiction to
role the Sheriff on such claims.
Held, That under the Constitution, the Supe
rior Court has concurrent jurisdiction with the
Justices’ Courts in all civil cases where the
amount of the debt claimed is less than one
hundred dollars:
Held, also, That under the provisions of the
Act of 1870, when an execution has been issued
by a Justice of the Peace to enforce a factory
lien for a sum les3 than one hundred dollars,
the same may be levied by any sheriff of this
State, or bailiff, on the property of the defend
ant snbject to such lien, and when placed in the
hands of a sheriff, he may be ruled in the Su
perior Court for his neglect of dntyin failing to
execute the same.
Judgment reversed.
Jas. Kiddoo, for plaintiff in error.
Beall & Tucker, for defendant.
J. K. Haygood vs. Easley & Rice. Com
plaint from Randolph.
Wabxeb, J.—This was an notion brought by
the plaintiff against the defendants on a prom
issory note. The defendants moved to dismiss
the plaintiff’s suit on the ground that he had
not filed an affidavit that the taxes had been
paid on the debt, as required by the Act of 1870,
the plaintiff being a non-resident of the State.
The court dismissed the action, and the defend
ant excepted.
Held, That inasmuch as the plaintiff was a
non-resident of the State, that there was no tax
due by him on the debt which he was bound to
pay.
Judgment reversed.
Jno. T. Clark, for plaintiff in error.
W. Harris, H. Fielder, for defendant.
H. L. Nelson vs. M. G. Stamper, el al.
Complaint from Terrell.
Wabneb, J.—This was an action brought by
the plaintiffs against the defendants on a prom
issory note, to which the defendants filed their
plea, alleging that the consideration of the note
was negro slaves. Tho court examined a wit
ness as to that fact, and dismissed the case for
want of jurisdiction without submitting it to
the jury:
Held, That os the defendant’s plea made an
issue of fact as to the consideration of the note,
that question soould have been submitted to the
jury, and it was error in the court to decide on
the facts and dismiss the plaintiffs.
Judgment reversed.
Hines & Hobbs for plaintiff in error.
Wooten & Hoyle, for defendant
A REMARKABLE STORY.
Tiro Hnnilreil Skeletons or Anaklm In
Caynera Township—A Singular Discovery
—Some Remains of the Giants That Were
In those Days.
Correspondence Toronto Telegraph.]
Oattga, August 21. — On Wednesday last
Rev. Nathaniel Wardell, Messrs. Orin Wardell,
(of Toronto), and Daniel Fredenbnrg, were dig
ging on the farm of the latter gentleman, which
is on the banks of the Grand River, in the town
ship of Cayuga. When they got to five or six
feet below the surface a strange sight metthem.
Piled in layers, one upon top of tbe other, were
two hundred skeletons of human beings nearly
perfect—around the neck of each one being a
string of beads. There were also deposited in
this pit a number of axes and skimmers made
of stone. In the jaws of several of the skele
tons were large stone pipes—one of which Mr.
O. Wardell took with him to Toronto a day or
two after this Golgotha was unearthed.
These skeletons are those of men of gigantio
stature, some of them measuring nine feet, very
few of them being less than seven feet. Some
of the thigh bones wero found to be at least
half a foot longer than those at present known,
and one of the skulls being examined, complete-
ly covered the head of an ordinary person.
These skeletons are supposed to belong to those
of a race of people anterior to the Indians.
Some three years ago .the bones of a mastadon
were fonnd embedded iu the earth about six
miles from this spot. The pit and its ghastly
occupants are now open to the view of any who
may wish to make a visit there.
LATEU.
Dunnville, August 22.—There is not the
slightest doubt that the remains of a lost city
are on this farm. At various times within the
past year the remains of mud-houses with their
chimneys had been found; and there are dozens
of pits of a similar kind to that jast unearthed,
though much smaller, in the place whioh has
been discovered before, though the fact has not
been made public hitherto. The remains of a
blacksmith’s shop, containing two tons of char
coal and various implements, were turned up a
few months ago. The farm, which consists of
150 acres, has been cultivated for nearly a cen
tury, and was covered with a thick growth of
pine, so that it must have been ages ago since
the remains were deposited there. The sknlls
of the skeletons are of an enormous size, and of
all manner of shapes, about half as large again
as are now lo bo seen. The teeth in most of
them are still in an almost perfect state of pre
servation, though they soon fall out when ex
posed to the air. It is supposed that there is
gold or silver in large quantities to be found in
the premises, as mineral rods have invariably,
when tested, pointed to a certain spot and a few
yards from where the last batch of skeletons
was found, directly under the apple tree. •
Some large shells, supposed to have been used
for holding water, which wero also fonnd in the
pit, were almost petrified. There is no donbt
that were there a scheme of exploration carried
on thoroughly the result would be highly inter
esting. A good deal of excitement exists in the
neighborhood, and many visitors call at the
form daily. The skulls and bones of the giants
are gast disappearing, being taken away by cu
riosity hunters. It i3 the intention of Mr.
Fredenbnrg to cover the pit up very soon. The
pit is ghastly in th8 extreme. The farm is
skirted on tho north by tho Grand River. The
pit is close to the banks, but marks are there
to show where the gold or silver treasure is sup
posed to be under. From the appearance of
the sknlls it would seem that their possessors
died a violent death, as many of them were
broken and dinted. The axes are shaped like
tomahawks—3mall, but keen instruments. The
beads are all of stone, and of all sizes and
shapes. The pipes are not unlike in shape the
cutty pipe, and several of them are engraved
with dogs’ heads. They have not lost their vir
tue for smoking. Some people profess to be
lieve that the locality of Fredenbnrg Farm was
formerly an Indian burial plaoe, but the enor
mous stature of the skeletons, and tbe fact that
pine trees of centuries’ growth covered the spot,
go far to disprove tbis idea.
A bustio couple presented themselves before
a Detroit jnstice the other day aB candidates for
matrimony. Each was duly “sworn in," when
they immediately purchased a quart of peanuts
and a huge gingerbread, and seating themselves
cn the curbstone, devoured the whole before
they left. , : :o eeaik isq io.
« juegena. {X7V7.)
\Bret Harte, in the Atlantic Monthly for Sept. I
They ran through the etreet of the seaport town,
They peered from tbe decks of the ships where they
The col/eea-fpe that came whitening down
Was never as cold or white as they.
1 ‘Ho, Starfcuck and Pinckney and Tenterden!
Bon for your shallops, gather your men,
Scatter your boats on tbe lower bay.”
Good cause for fear 1 Iu the thick midday
The hulk that lay by the rotting pier.
Filled with the children in happy play,
Farted its moorings and drifted clear. •
Drifted clear beyond reaoh orcall— i .
Thirteen children there were in all—
All adrift in the lower bay!
Said a hard-faced ekipper, “God help us all!
She will not float tUltne turning tide!”
Said his wife, “My darling will hear my call,
Whether in sea or Heaven she abide.’’
And she lifted a quavering voice and high,
mid and strange as a sea-bird’s cry.
Till they shuddered and wondered at her side.
The fog drove down on each laboring crew,
Veiled each from each and the sky and shore.
There was not a sound but the breath they drew,
And the lap of water and creak of oar;
And they felt the breath of the downs, fresh
blown
O’er leagues of clover and cold gray stone,
But not from the lips that had gone before.
They come no more. But they tell the tale
That, when fogs are thick on harbor reef.
The mackerel fishers shorten sail,
For the signal they know will bring relief—
For the voice of children, still at play
In a phantom hulk that drifts away
Through channels whose waters never fail.
It is but a foolish shipman’s tale,
A theme for a poet’s idle page,
But still when the mists of doubt prevail,
And wo lie becalmed by the shores of Age,
We hear from the misty troubled shore
The voice of the children gone before,
Drawing the soul to its anchorage.
Decisions ol tbe Supreme Court ol
Georgia.
DELIYEBEB AT ATLANTA, TUESDAY, AUGUST22,1871.
From the Atlanta Constitution.]
South Carolina Railroad Company et. al. vs.
H. H. Steiner et. aL Injunction from Rich
mond.
Lochbane, 0. J.—We hold from the facts dis
closed by this record that equity may take ju-
risdiction by bill in tho nature of a bill of peace,
under section 31GG of the Code, and bring all
the parties, plaintiffs and defendants, into the
forum, and adjust their equities and several
rights by one decretal verdict, and the inquiry
upon the truth of such case, to cover, not only
their past, but future damages, so as to stop al!
future or further litigation in or about the same
snbject matter, and operate as a complete in*
vestituro of the legal right, free from further
claim of damages to the railroads in their use
of Washington street Augusta, for railroad pur
poses, by steam power, within the legitimate
scopo of the legislative right granted to them
upon their compliance with the verdict:
Held, That the act of tho municipal authori
ties, sanctioned by the Legislature, gives to the
railroad companies the right to use the street
in controversy. But tho failure by tho Legisla
ture to provide for the assessment of damages,
by way of compensation to tbe property owners
on said street, does not tako away tho right of
the party to his suit at law for damages under
section 2G92 of the Code.
Held again, That while the use of a public
street may be granted to railroads to lay bars of
iron on to run over with trains, without-endan
gering the street by obstructions or embank
ments, yet if the use of locomotives inflicts in
jury upon those who live on the street, by
throwing smoke through tho honses along the
streets, or by its weight shaking them or break
ing the plastering or walls, etc, and by the
noise and screeching of whistles and engines,
the legislative right to run over the street does
not make such acts harmless, and tho injury in
flicted upon the legal rights of the parties is not
damnun absque injuria. Upon the trial the
rale of evidence shonld be limited to actual
damage, the right to use the street with reason
able obstruction in the passage of trains is per
mitted by law, and is not an element of damage,
nor is tho jolting over the iron rail an element,
nor the apprehension of the safety of children,
nor are possibilities in cases of sickness, nor
any inconvenience to visitors not obstructing
ingress or egress, nor any fanciful or speculative
damages, or sentimental injuries elements of
damage. Bat the damage which the law re
cognizes must be actual, tangible and determin
able by proof, and the depreciation of the pro
perty not only from obstructions to access, but
by smoke, and injury to walls, etc., and trace
able as effect from cause and the like may be
inquired into to form the total of the injury. _
Judgment affirmed so far as equitable juris
diction is sustained and tbe suit at law enjoined
and reversed a3 to the conditions required to be
filed in writing.
Judgment affirmed.
Wabneb, J., concurring.—The respective
railroad companies,-with the consent of the
corporate authorities of the city of Augusta, and
under tho provisions of the acts of the General
Assembly, have the right to run their respective
railroad trains by steam power over their track
in Washington street, without being liable as
trespassers for so doing, and without being lia
ble to have their rnnning trains over and along
said street abated as a nuisance, because they
have the license of the General Assembly of tho
State, and tho city authorities, to do so; bnt the
injury and damage done to the owners of prop
erty on that street by the running of the trains
of the respective railroad companies, is another
and distinct question. What are the legal rights
of the owners of lands and tenements on Wash
ington street?- The owners of lands and tene
ments on Washington street are entitled to have
andenjoy all the rights and privileges which le
gally appertain thereto, incorporeal as well as
corporeal; for when the law doth give anything
to one, it giveth impliedly whatsoever is neces
sary for enjoying the same. If the railroad
companies by permission of the public authori
ties, have located their road on the public street
of the city, and have invaded any of the legal
rights of the owners of the lands and tenements
on that street by hindering, obstructing, or dis
turbing them in the regular use, and lawful en
joyment of the same, then the owners of such
lands and tenements are entitled to recover such
damages as they have actually sustained by such
invasion of their legal rights to tbe enjoyment
of their property, although’ the railroad compa
nies may not have located thoir road on any
salt of their property. The invading, hinder
ing, obstructing or disturbing them in the reg
ular use and lawfal enjoyment of their proper
ty, is an interference with their private legal
rights to that property, and to that extent is the
taking of private property for the public use,
for which just compensation should be made;
not imaginary, speculative, compensation, but
compensation for the actual damage sustained
by the invasion of theirprivate legal rights to the
use and enjoyment of their private property
tesnlting from the location and use of the rail-
mng trains thereon; such gross injustice and
violation of the fundamental law of the State,
cannot be imputed to the Legislature, the more
especially, as there is nothing in the aot, from
which any such intention can reasonably be in
ferred. Do these acts—acts of the City Conn oil
of Augusta and of the General Assembly, either
especially or all combined together—deprive
the owners of the lands and tenements on Wash
ington street of their common law rights to sue
for and recover damages actually sustained for
the invasion or disturbance of the use and en
joyment of their private property on that street
for the benefit of the public ? In my judgment
they do not. A court of equity iuthis State has
jurisdiction to entertain a bill to avoid a multi
plicity of suits in favor of or against several
persons for the establishment of a right subject
to legal controversy. The allegations in the
complainants’ bill make a proper case for the
exercise of the equitable j urisdiction of the court.
MoOay, J., dissenting.—When a railroad
track is laid down in the streets of a city by au
thority of the Legislature and the permission of
the city authorities, and the same is so con
structed as not to obstruct the free egress and
ingress of the adjoining lot owners to and from
their lots, and the fee to the soil of the street is
not in the lot owners bnt in the publio, there is
no taking of private property for publio use.
2. Any depreciation of the property on the
street caused by the ordinary use of the track
so laid down, even though that use produce
noise, danger, delay in crossing, eto., does not
famish ground either for a claim for compensa
tion, or for an action for damages.
Property holders on a street in a city, not the
owners of the fee in the soil of the street, have
bought and hold their property subjeot to any
use of the street for passing and repassing the
Legislature and the city authorities may, in
their wisdom, permit. That a city street shall
not become a thoroughfare, and from noise and
dnst and the danger ofpassing vehicles, intelli
gible as a private residence, is not a right of the
lot owners on the street, and no action lies in
their favor against those wheieby permission
and authority of law so use it.
W. T. Gould, W. Hope Hull, Johnson &
Montgomery, D. Jackson, Frank Miller, for the
railroads.
Hook & Gardner, McLaws & Ganahl, C.
Snead, Clark & Spencer, for lot owners.
Senatorial Nomination.
Tho Secretary of the Convention held yester
day at Forsyth, to nominate a candidate for the
22d Senatorial District for the present unex
pired term, furnishes us with the following pro
ceedings. It will be seen that our most worthy
townsman, CoL T. J. Simmons, received the
nomination by acclamation, and in thus honor
ing Col. S., tho Convention honored itself. The
Colonel is a young representative man, full of
lusty life, able and discreet. He was sent to
the Convention of 1865 from Crawford county,
and after the adjournment of the Convention
was elected to represent the 23d Senatorial
District in the Legislature of 1SG5-6G. - We be
lieve that ho will bo agaiu elected by a large
majority:
Poasrra, An (rest. 30, 1BV1.
The Convention of the Denzocratic party to
nominate a candidate to represent the 22d Sen
atorial District for tho present unexpired term,
met at this place at 11 a. ii. to-day. Upon mo
tion of L. A. Ponder, of Monroe, T. G. Holt, Jr.’,
of Bibb, was elected Chairman, and B. Y. Reid,
of Pike, Secretary.
On the call of counties the following list of
delegates was reported: Bibb—T. J. Simmons,
J. H. Blount, T. G. Holt, Jr., C. D. Findlay, R.
W. Cnbbedge, C. M. Wiley. Monroe—R. G.’
Anderson, J. T. Crowder, L. A. Ponder, T. J.
Fletcher. Pike—E. H. Bloodwortb, R. V. Reid.
Upon motion of J. H. Blount, each county
was allowed double the number of votes to
which it was entitled in the lower branch of the
General Assembly.
Upon motion of L. A. Ponder, it wa3 re
solved that a two-thirds vote should be neceS'
sary in a choice of candidates.
It was declared to be the sense of the Con
vention that Pike county was entitled to the
nomination; bnt owing to local issues tho dele
gation from that county waived the privilege,
and asked that Bibb county be requested to
present a name to the Convention, charging the
term to Pike. Monroe acquiesced in the prop
osition, whereupon J. H. Blount, in behalf of
the Bibb delegation, presented the name of T.
J. Simmons, of Bibb.
On motion of R. G. Anderson, T. J. Sim
mons of Bibb, was nominated unanimously by
acclamation. T. J. Simmons having been in
troduced to the Convention by a committee, ac
cepted the nomination in a brief but graceful
address.
Upon motion of J. T. Crowder, it was ordered
that the proceedings be published in the papers
of tho district.
Upon motion of J. T. Crowder, the Conven
tion adjourned. T. G. Holt, Jr., Ohm’n.
B. V. Reid, Seo’y.
Crops in Scliley Connfy.
Ellaville, Ga., August 28tb, 1871.
Editors Telegraph and Messenger: As yon
manifest a deep interest in agriculture, you will,
doubtless, be pleased to hear a word about the
crops. Com crops, wherever well manured and
cultivated—low grounds and exhausted sand
hills excepted—are superior. Drought damaged
a small part of the crop. Guano applied to
cotton last year, has greatly benefitted corn this
year.
A severe drought, beginning about the 10th
of July, and continuing to tho 20th of this
month—tho period during which most of the
cotton crop is made—has, with-many other
causes, greatly reduced our cotton crop. This
drought, however, was not general. Less gnano
was used and less land planted. My opinion,
therefore, is that not more than two-thirds of a
crop will be made.
1 agree with yon that Toombs will not be able
to influence many Georgians in the coming na
tional election. It would have been well with
ns had he remained in Enrope. Crvis.
The Combination Against Cotton.—Mr.
Local: I read your remarks Sunday morning
upon this subject with pleasure. In the teeth
of the poorest prospects known in twenty years
the New York and Liverpool “Ring” orowda it
down; and I think Grant’s man, his head of
the Agricultural Bureau, is one of the high con
tracting parties in that “ring.” Everybody
connected with Grant’s administration, from
himself down to the little whipper-snapper rev
enue collectors, hate the South and the South
ern people; and hence it is nothing strange
or unnatural to see his Agricultural Bureau
publishing lying statistics in regard to the grow
ing cotton crop. It is the policy of that ad
ministration to do us all the harm it can. The
President and all his army of under-strappers
„ aro gangreened from skin to bone with hatred
road by the respective oompanies for the benefit' for ns, and hence aro ready to lend a helping
of the public. If the General Assembly, in the ; hand lo the gamblers in swindling ns out of
exercise of its right of eminent domain, shonld this crop. But wo intend to give them a fight
pass an aot for the taking of private property for for it. My advice to the planter, therefore, is
public use without providing any just compen- to sell just enough to meet all and every com-
sationtherefor.theactwouldbeunconstitutiona!, meroial obligation and hold the' balance for
in violation of the fundamental principles of the twenty-five cents per pound. Yon will get it
law as the same has existed from magnet charta before next Jane. Red Cloud.
to the present time. Where no provision is made
EDITORIAX CORRESPONDENCE.
News from Southwest Georgia.
OUTHBEBT, August 29, 1871.
Your! correspondent left ilaoon by the night,
train to Eufanla on Friday, tbe 25th instant.
The’day’had been-showery, with tight winds
from the east. Soon after night-fall, however,
a regular gale Bet In, and the wind blew in ven
omous puffs, accompanied by a deluge of. driv
ing rain. The locomotive struggled along with
its heavy appendage of 20 oars, and the passen
ger coaches fairly reeled and trembled before'
the power of the blast.
On the steep grade near Fort Valley, owing to
the difficulty of generating steam in such
storm, we were forced to move forward by con
vulsive jerks for a few feet at a time, and then
dap on the breaks, make more steam, and re
peat the operation until the summit was at
tained.
The conduotor, Mr. Harris, and all the em
ployees of the road behaved admirably, faeing
rain and tempest without hesitation, and mak
ing super-human efforts .to keep np to schedule
time, despite the inky darkness of the night, and
the storm whioh raged and raved so fearfully.
A tunny scene on boabd.
In the midst of the savage conflict of the ele
ments, we witnessed an amusing incident on the
cars. A certain genial and clever represents
tive of Uncle Sam, whose pockets were stuffed,
not with Kimball, or any other white trash, bnt
genuine orthodox green, having taken a social
glass composed himself to sleep, soothed by the
mnsie of the spheres, and was soon happily ob.
livions to the sheeted lightning and heaven’s
“dread artillery.”
In the midst of his peaceful slumbers, a mer
ry wag proceeded with astonishing celerity to
rifle the pockets of tho unconscious official,
plucking him as clean as some of his more noted
brethren had denuded the State Treasury at
Atlanta. Several hours afterwards an innocent
passenger asked onr generous friend for a loan
of a few dollars. This induced an examination
of his finances and the “murder was out.”
After a brief enjoyment of his consternation the
whole joke was explained.
EFFECTS OF THE STOBM.
When the day dawned, the cotton rows in level
fields were brimming with water, or resembled
miniature cascades where the ground was bro
ken. Mother Earth for once had had her . fill,
and was thirsty no longer. . Large numbers of
forest trees were also uprooted.
Corn having been deprived of its blades still
stood np and is uninjured, save in low lands
and creek bottoms.
Wo have nothing new to report concerning
the cotton crop, save the rapid increase of rust.
The crop will be most lamentably short.
NEW BAILBOADS.
It is nnderstood that the grading on the Bruns
wick and Albany road will be completed to Outh-
bert by t*»«> of October. Tiro Iron winch
has been purchased so fur, is of sunerior quality.
B AINEBIDGE, OUTHBEBT AND COLUMBUS BAILEOAD.
The location of this road from Cuthbert to
Lumpkin has commenced, and a site has also
been purchased for the depot of the two roads
on College street, and a large force are now en
gaged in grading the same, preparatory to the
erection of the buildings. Some dissatisfaction is
expressed os to theronte selected through the
city,but it is to be hoped that such modifications
will be made as will be satisfactory to all. No
favoritism should be shown iu the premises;
and, indeed, a town meeting shonld be called
and a free consultation take place between.the
engineer corps and the citizens on this important
question. We believe CoL Schlatter is willing
to assent to this. tia -. ;o fa
A SPECK OF TBOUBLX.
It is currently reported that tho Central Rail-
Toad is about to take measures to prevent the
crossing of the Southwestern Railroad traok by
the Brunswick and Albany Road. They con
cede the right to the Bainbridge Cuthbert and
Columbus Road to do so,, as it runs north and
south, but deny that a parallel tine can claim a
similar privilege. We are not posted as to who
is right. r
A NICE QUESTION TO DETEBMZNE.
Rumor has it that the two roads, both of
which are under the management of Mr. Kim
ball, will be merged into one from a point seven
miles southeast of Cuthbert, known as Carter’s
The Gbaphio.—Brown & Co. send U3 a copy
of the magnificent Scott Centenary number of
in the Aot of the General Assembly for compen
sation, as in this ease, the owner of the private
may stand upon all his legal rights, as secured t ceived by them. It is made up of illustrations
to him by tho fundaments laws of the land. ; of some of the most striking incidents set forth
! in Wavetleynovels, aswellasof Abbotsford,
4i), Coo© 2,9C— . It will not go. to ssy th&t db* ; i i a. v. q •, . . . .
cause the City Council of Augusta granted per- • Drybnrgh Abbey where Scott is buried, Melrose
mission to the railroad companies to locate their 1 Abbey, Holyrood Palace and various household
road on.aj>ublic street in that city, which was relics; of the great novelist. It? contains, be-
notified and confirmed by the General Assembly, B ;aeg the most graphically written hiographi-
1C.I .ketch that.. lav. mi.a.nb.r.ut.
ceive compensation for the damage done to their shines even our expectations, and would alone
private property by the use of that road in inn- make the reputation .of any paper. -. wel
Mill, and then diverge again, the one to Eu-
faula, and the other to Lumpkin, near Spring-
vale, eight miles north of that city. This would
give fifteen miles of road in common. But the
Lumpkin branch will be a narrow guage. This
can be obviated, however, by laying three
rails so as to accommodate both guages. But
now comes the point. Can Mr. Kimball draw
from the State Treasury $23,000 per mile on
this fifteen miles of broad gnagefor the Albany
and Brunswick Company, and then secure $12,-
000 on the same space for the Bainbridge,
Cuthbert and Columbus enterprise ? Again, if
the latter road is to be a narrow guage, thus
greatly diminishing the cost of construction, is
he entitled to draw the full amount voted by
the Legislature, whioh was designed for the
more expensive or broad guage method? These
questions are pertinent, and if the above re
ports prove true, will require to be satisfacto
rily answered.
ANDBEW FEMALE COLLEGE.
President MoGehee announces the following
able corps of teaohers for that institution: In
the literary department, the President, Profes
sor McNulty,A. H. Flewellen, Esq., and Misses
Bettie Price and Eudora Moore. • The musio
will be in charge of Mrs. Russelland Mrs. De
Jarnette. The ornamental branches will be
tanght by Mrs. R B. Lester and Miss Lester.
Mrs. Tyson will aot as stewardess, and Mrs. J.
B. McGehee and Mrs. A. H. Flewellen as mat
rons of the boarding department.
; We learn that the prospects of this favorite
seminary were never more flattering. Mr. Mo-
Murray’s school for boys is also in successful
operation and daily increasing.
On the whole, the beantifnl tittle city of
Cuthbert has a bright prospect before it, and
will really be one of the most important railroad
centres of the State. J,
Mr. H. D. Cbaio, late general agent of the
New York Assooiated Press, is said to have per
fected his new system of telegraphy, to the de
velopment of which he has been devoting his
time and means for three years past, with re
sults that can hardly fail to effect an entire rev
olution in telegraphy, by reducing its dost to a
rate very little above the cost of postage. It is
claimed that by this new'automatic system it is
perfectly practicable to transmit, with absolute'
accuracy, over a single wire, more than sixty
thousand words an hour—a speed more than
sixty times greater than by any of the systems
now in use. Telegrams whioh, under the Morse
system now cost several dollars will, it is said,
be reduced to a comparatively few cents, which
if true, will make its value almost inestima tJe
to the press, the mercantile community, and
the publio at large.
j The Legislature of New'Hamp*fi»r® has piss
ed an aot compelling every p»rent or guardian
to send his ohild to a public school for twelve
weeks eaoh year. For weeks at least the
schooling must be continuous. The first viola
tion of this aot is punished by a fine of $10; the
subsequent violation by a fine of $20. .
A man wbo married a buxom Irish girl, greatly
to the horror of his mother and sister, made
tho following defence :> “If Y married ah Ameri
can girl I must have an Irish girl to take care
of her, and I cannot afford to support both of
them.”
: Romantic Amelia-'(to her betrothed young
doctor)—" Lock, dear, such a beautiful sunset 1
The sky is all crimson.’’ Ltoromantfc doctor—
“Ya-as—appears to have had a mustard plaster
A Woman’s Execution, Paris, May, TL
BY BDWABD NINO.
Sweet-breathed and young—
Tbe people’s daughter:
! . - No nerves unstrung—
Going to slaughter!
I lo e/CYj: ''’rl:od ♦aar-'iif- 3 a 11 " '- ' L
“Goodmorning, friends! _ ,
1 i.. You’ll love us better— *
Hake ns amends;
j j.j .. We’ve burst your fetter 1 ;
“How the sun gleams!
(Women are snarling;)
Give me yonr beams, . ’ .
j - liberty’s darling!
“Marie’s my name—
Christ’s mother bore it 1
That badge ? No shame:
Glad that I wore it I”
(Hair to her waist;
Limbs like a Venus; ,
Robes are displaced;)
“Soldiers! please screen ns 1
‘ “He at the front ?
That is my lover; ■
Stood all the brunt;
Now the fight’s over 1
“Powder and bread
Gave out together.
Droll! to bo dead
In tins bright weather 1
Jean, boy! wo might
Have married in Juno 1
This the wall? Bight 1
Vive la Communel” ' •
Scribner's for September
Foreign Notes.
(l-BEPABED FOB THE TELEGBAPH AND MESSENGER.)
Unless we are greatly mistaken, Thiers will
not remain mnoh longer at the head of Fzenoh
affairs. He has failed to convince the nation of
his administrative ability, and the land is grow
ing impatient of his role. Moreover, Thiers is
1 very irritable and nnable to bear any opposi
tion; and, considering himself indispensable,
he will always threaten to resign whenever tho
majority of the Assembly dareB to hold a differ
ent opinion. The authorities, having discov
ered that the National Guards are strongly im
bued with Socialistic principles, a motion was
introduced to disband them. Thereupon arose
a violent debate. Thiers asserted that only a
portion of the National Guards were unfit to
bear arms, -while the Right, violently interrupt
ing him, insisted on their immediate disband
ment. The Chief of the Executive replied an
grily, and finally said “it was evident he had
lost tho confidence of the Assembly, and that he
knew what to do.” A compromise at last was
made, General Dncrot proposing a gradual dis
bandment, whioh measure was adopted by a
vote of 487 against 164. If, hitherto, there was
no man to take Thiers’ place, Gambetta is be
ginning again to play a part in French politios,
and likely to succeed him before long. Gam
betta intends to propose a dissolution of the
present Assembly on the gronnd that it was only
elected to make peace with Germany. Surely,
no true patriot would regret this step, the pres
ent legislative body having shown itself utterly
incapable of dealing with the great questions
which will involve the future of France.
A league has been formed inParis for the de
liverance of Alsace and Lorraine from the Ger
mans. Count Waldersee, the German ambaa-
saaor; having complained to Count of Remusat,
of the existence of a society for that purpose,
the minister replied that such a league was ille
gal and shonld be disolved.
The rising in Algiers still continues and the
situation appears to be much graver than the
Frenob press represents it.
The very latest reports state, somewhat con
fusedly, that Thiers had presented hi3 resigna
tion ; but it seems that he had written his letter
before General Ducrot’s amendment was intro
duced and will, probably, withdraw it.
A correspondent of the Vienna Presse gives a
description of Prince Bismarok’s estate at Var-
zin, from whioh the following is an extract:
“After a long journey through the arid and
sandy plain the beechwood, on whose borders
Varzin is situated, breaks suddenly npon the
view of the traveler with its cool and refreshing
shade. The village has nothing to strike our
fanoy. Leaving it to our left, we climb a hill,
and, having passed between the cow sheds and
bams, reach the court of the country seat which
the German Chancellor has chosen for his
favorite retreat. It is a simple dwelling house,
neither better nor worse than those of the
lorded gentry of the district. It seems as if no
one had been bold enough to attempt to rival
the attractions of the park behind the house.
Kew does not surpass it in beauty, nor do Tarcy
or St. Germain equal it in grandeur. It was
this park which induced Bismarck to purchase
Varzin. Close behind the house the undulations
of the soil begin; the park gradually merges
Into the wood9, and forms with them one broad
green ocean of foliage, whioh seems here and
tbere broken into forest waves. Grand beeches,
anoient oaks, pines, firs and birch trees lend
variety to the view, In the midst of this land
scape lies the estate. Its soil is neither very
good nor very bad; it produces average har-
vests of rye, aud the Baltic sand, the bane of
the husbandman, only shows itself at intervals.
Such pieces of ground have long Iain fallow. It
takes six hours to drivo round the estate. The
Wipper flows through a part of the domain and
forms its boundaries iu other plaoes. It adds
both to its beauty and value, as the rapid stream,
whioh is well stocked with trout, floats the tim
ber of Pomerania to the Baltio. The Prince, it
is said, only allows trees enough to be felled to
let sufficient air and tight into his woods.”
The Garmansliving in Moscow, Russia, have
purchased a stud of three white horses for
four thousand roubles to present them to Bis
marck.
The English Parliament has been prorogued.
There was a meeting at Birmingham, at whioh
resolutions were adopted, condemning the
oourse of the House of Lords in the rejection of
the ballot bUL
Great misery is reported from Southern Hun
gary, where, owing to a great negligence onthe
part of tbe authorities, the dams have fallen
into decay. Large tracts of land are inundated,
and violent hail storms have destroyed what
was spared by the flood. To add to the deplor
able situation of the agricultural distrusts, the
Government is displaying excessive severity in
collecting over-due taxes which, in some in
stances, exceed the value of property owned by
the whole village.
The Spanish authorities in Madrid have is
sued four new warrants against persona sus
pected of being concerned in the assassination
of Prim. Oolouel Solis, adjutant of the Duke
of Moatpensier, is Mao among thqm. The Dr£®
himself, who is staying in Paris to eon**
good graces of ex-Queen Isabella, has sn . m *
moned as a witness. There was a -S'; 116 *? 1 °P in '
ion that the - army would be ho* 1 ^ 8 ‘ new
ministry, Zorilla. the Prem«ri not being a man
of arms, a very unusual **eng in modem bpamsh
annals. Nothing, far, has confirmed this
view, and a very^ispectable military paper de
clares that a? long as the ministers would re
spect the J*ws and govern with justice, they
might e-unt upon the support of the army. Only
a f e ,r staff officers, belonging to the union party,
jj»ve resigned because the ministry is composed
of progressists. Lopez Dominguiz, an adjutant
of the King, had also resigned, but Amadeo re
fused to accept the resignation, as it was un
founded. His father, the King of Italy, he
said, “had an adjutant who, having onoe voted
against the Government, was prepared for an
unpleasant remark on the part of His Majesty.”
But the King Baid, laughingly: “Certes, you'
must have angered my; cabinet very much.”
An officer, Amadeo considered, ought not to
bind himself to the fate of a party, and he hoped
that shonld a different opinion prevail in Spain
it would soon give way to a better understand
ing. The new government is preparing to car
ry out, energetically, its programme referring
to the inviolability of Spanish soil. Gordova,
minister of war, is organizing a corps of 5,000.
men whioh shall soon sail for Cuba to conquer,”
at last, the insurrection.
The report that an attempt had been made
to assassinate the King, originated in the arrest
of a man, linking about the palace, who was
The appointment of Justices of the Feaoa
has been ordered tor the Lithuanian and south-
western districts of Russia. The introduction i
of trials by jury, however, will only place
at some future time. Owing to the decree that,
from next autumn, all lectures have to be de
livered in the Russian language, the
faoulty of the University of Warsaw will lose
three prominent professors, Ohalubinski, R^>vdt»
and Szokalski, having been unable to acquire
the Russian sufficiently to lecture in it. The
cholera is compelling the Russian authoritiee to s
pay greater attention to the sanitary measures h
whioh hitherto have been too neglected.
It is a fact that in many cities, partly even in
St Petersburg, corps s are not buried deep 11
enough under the ground; there is one plaoe,
Kaljasin, where the stench of decomposing '
corpses is alwayB poisoning the air, because,
(he grave-yard being filled, they will inter their
dead in old graves on the top of the coffins
buried previously, thus exposing the corpses 1
almost to the surfaoe. Borne Justices of the
Peace in doing their utmost to abolish these
abases and the press zealously supports them..
In the city of Rybinski, on the Wolga, where * J
the cholera appeared very violent, Michalkow, *1
counselor of Btate and chief of the sanitairy
commission, was fined himself by the Jostioe of
the Feaoe, because he had grossly neglected to
carry out the sanitary ordinances'of the author- :
ities in his own house. Jabno.
- nnable to give an account of • himself.
EXTRAORDINARY STORY.
A French Count and His Abode-Secret
Springs and Murders Dire—Wonderful
Experiments In Electricity.
Correspondence St. Louis Republic an.]
Pabis, July 15,1871,—The trials of the Com
munists develop some startling phases of human
depravity in this gay centre of the world of
mode. In one of the most fashionable streets
of the aristocratic Qoartier St Germain, dwelt
a noble marquis, in whose veins thesame blood,
blue as terrestrial turqnois or cerulean cloud,
flowed, as once danced merrily through the
veins of the first Bourbon King of France..
But French bullets find their way through the
cuticle of the King’s descendants as easily as if
it covered the carcass of the unwashed canaille
of St Antoine. So one fine July morning a
Government bullet from a Chassepot’s deadly
tube found its fated home in the breast of the
noble Gaul—and the useless months in Paris
besieged were less by one, and the Academy
lost one of its most gifted members.
His house was of course searched for evidence
to convict others, and the police discovered that
here under their own protection, had lived for
years, a being who had made of death a study,
and who had treated murder as one of the fine
arts. His house was a small one for the locality
and detached from all others. He occupied two
rooms on the second floor as a bed-chamber and
library, and between the two was adonble wall,
the space between which was utilized as closets,
with doors opening into each room. Any one
passing from one room to the other necessarily
went through one of these closets. On the
gronnd floor and directly underneath the bed
room was a room communicating with the main
street by an alley. This room was kept con
stantly under lock and key by its custodian.
While the officers of the law were searching the
upper rooms, a gendarme stepped, into one of
closets and at once found himself rapidly de
scending and finally safely landed on the ground
floor, room or dungeon. We oopy the follow-
ing from the process verbal made by the ser
geant in charge of the party to the inspector of .
the district:
The windows of tho lower room werebnilt
np with brick, and by an ingenious contrivance
the-door leading intothe alley was made to open
from the outside into a passage way leading to
another suit of rooms, while the real entmice
from the alley consisted of a swinging door cut
out of the solid wall, the bricks of which are
held together by bands of iron encircling the
whole mass, which swung upon a pivot. So in*
genionsly contrived, and so skillfully was thM
work, that only by chance was it discovered at
all.
The door leading from tho house into this
den had nothing unusual inita appearance on t^e
outside, but was in reality doable and of’ extra- _
ordinary thickness, and filled with sawdust
thickly packed. This room was used by the
count ostensibly as a lumber room, for storing
disused property. On sounding the walls of d
this dungeon, a large and deep closet was dis
covered, constructed on the same plan as the
outside door, of solid brick, and it would have
escaped detection had not the door given our
party the hint. The contents of this closet con
sisted of a variety of tools used in the con
struction and arrangement of the rooms, it be
ing evident that the occupant had performed all
this labor by bis own unaided efforts. (Here
follows a schedule of the list or tools, among
which are surgical instruments of every descrip
tion, jars of chloroform and narcotics of all ;J
kinds, and all the paraphernalia of a chemist’s
laboratory.) A powerful battery for electrical
or galvanic purposes, was found.
The room was lighted by gas, to effect which
he has actually tunnelled into the street, and
tapped one of the main gas pipes, and then laid
pipe of smaller calibre into the dungeon. By
means of flexible tubing he was thus enabled to
conduct the gas wherever he chose. These
tubes and their burners were hidden in the
closet. J
But the most important and hideously inter
esting object in the collection is a quantity of ■
manuscript, purporting to be a record kept by
the count for several years of experiments made
by himself in electricity and galvanism. It is
well knowa that he has, daring the past four
years, read several lectures upon these and kin
dred subjects before the Academy, and has ad
vanced some startling theories relative thereto.
One of these papers, entitled “The Mechanism
of Life,” procured for him a private and confi
dential interview with tho Emperor.
These manuscripts prove conclusively that
their writer decoyed persons into his house on
pretext of business, entertainment or some oth
er sufficient excuse, and at a convenient mo- .
ment the fatal step was taken, the trap was
sprung, which consigned the victim to certain
death. Most of the experiments ^eem to have
been made with a view of restoring a sus
pended animation, i. e„ r*rokng from the dead.
Such is a brief and unadorned statement, the
gossips call to mind numerous oases of mysteri
ous disappears! 1 ^ 8 , but not a breath of suspi
cion has c~r attached to the Count The
neighborhood of tho house is now thronged
w ith mose who delight to “sup on horrors mul- /-
taxied,” and these retail to new comers, and to
one another, exaggerated statements. of the
facts. The above I have obtained from police
headquarters, and from a visit to the house
itself in company with the prefect.
Judging Soil by Tuibeb.—Almost any one
knows that the quality or soil may in a great
measure be determined by the timber which
grows upon it, bat of the exact nature indicated
by the primitive trees, people are not so well
posted. Mr. B. Smith, of Fatmos, Ohio, writes
to the New York Farmer’s Club of this matter;
and says that white oak land is poor; that red
oak and soft maple also indicates poor land;
that shell-bark mostly grows in cold, wet laud ;
that flat beach and sugar lands are good for
summer crops and grass, bat not for wheat;
that rolling beach and sugar lands where largo
poplar and black walnut abound are fine grazing
lands, and produce, when new, large crops of
all kinds of grain except wheat, where it is
winter-killed; that large white oaks and chest
nut growing together, and black oak arid hick
ory indicate a loose snbsoil; aud that lands
where the water sinks into the subsoil are much
the most valuable for grain; that a soil that will
raise large crops of aU kinds of grain, and then
olover and timothy, and after they ran out wifi
oome in with green grass and white clover, ta
tho best.—Country Gentleman.
The old traditions about the Car of Jugger
naut are apparently about to be extinguished.
An eye-witness of the ceremonial says that the
old stories are grossly exaggerated, that no vic
tims are orushod, ana that there is no more orgy
than may be witnessed at an English county fair.