About Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880 | View Entire Issue (Sept. 12, 1871)
The Greopgia; Telegya/pfa. a^ncL Journal <3c Messenger. y J-i^OKAPH. " ” August 8.—A collision occurred last night between two passenger ° d ih!i Louisville and Nashville Railroad *°5 inh station, about eight miles from Wftnn person was Mlled and two others city "_inrei Their names wera Mr. Ba- >7 isbville, N. C., Dr. James Thomas, ,n ’ ° Ga and Mr. Griffith, of Nashville. Unbound south ran into the next to the 1 cch of tb° train from Memphis and as it was going upon the side tract, e rff’eons were promptly summoned by the t and everything done for the comfort ^wounded, of whom there were seven S^Yokk, September 8.—David Doran, in to shield a young woman from the w»t Jones’ Wood, was killed. ‘Million on the Bridgeville and New Jer- 'V? t ^e were killed and several hurt. bJItemen escaped. All were asleep at the °/,!r 8 September 8.—The Press Agent in- 8 «d the following responsible cotton fac- ie rthis citv. in reference to the cotton crop ®* .. to-wit: Crawford, Walsh, Smith & Tcwson, Dekes & Billups, Chas. Hopkins Bill Moore & Co., Lewis & Harrison, *•’ jigpew & Co., Millhouse, Shields & P Stollenwerck & Bro., Baker, Lawton & Kerksey & Carpenter, Foster & Gardner, John H. Gamer & Co.—who say that •tconnts received from their friends in "mj and Mississippi aro most unfavora- ■* character. There is general complaint of ® ,o the crowing crop from worms and S »nd the crop is variously estimated at ’ i k to two-thirds of last year’s crop. Me , September 8.—There was a m frost here this morning, rernw September 8.—Tho Republicans :na'ecl Cornelius Walsh for Governor, txrxusn September 8.—Tha severest gale he season'has swept over Lake Erio. Several f .io njd ashore. .Tfmscisoo, September 8.—The tax pay- maiority in the city is from 2,000 to 3,000, he State' about G.OOO. They elect two, and ably three, members of Congress. iSge Wm. Livingston committed snicido on of financial troubles. jjjtxj, September 8.—Thos. McDonald and es Elds, well known citizens, were drowned sail boat returning from a picnici boat. rLWACKiE, Septemper 8.—Cold Springs k over which Goldsmith Maid made her d’srfnl time, measured sixty-nine feet more 5*nos,° September 8.—Troulmansdorf, who partisan of Bollinger, has been appointed £an Ambassador to Borne. This produces ep feeling of discontent in tho Vatican. t,o monthly returns from the Board of ie show the exports from Great Britain dn- Angnst were unprecedented. Tho actual 22,221,215 pounds sterling—showing ncrease of 30 per cent, ever 1870. u affray between the Catholics and Protes- ls occurred yesterday at Port Adown, Ire- J So lives were lost. I communication has been effected with the prisoned miners at Wigan. The dead body jne of the victims was brought to the sur- p, and others are known to be in so precari- a condition that hardly a hope is entertained the preservation of any of their lives. [ueen Victoria is improving. I fearful storm caused great damage to the Mings and crops in the Mallon District, he county of York. he foot and mouth disease is spreading ■mingle among the cattle in Warwickshire. ffiSHixoTos, Septomber 8.—Admiral Lee, imanding the Gulf squadron, is here, he Tribune says editorially, a question of acity has arisen in South Carolina as to the ten’ticity of the statements concerning the -him outrages made in Senator Scott’s letter he President. Several prominent officials s issue with tho assertions and affidavits in document. Among these are one or two ited States officials, who are supposed to be iirtiai witnesses. As the matter in dispute olvw so grave a consideration as the procla- tion of martial law in Sonth Carolina, this nter statement makes it obvious that farther estigation of Senator Scott’s charges should made before decisive steps are taken, fhe official tobacco statement for tho year iiag July 1,1871, shows the production of oking to be 30,500,000 ponnds; chewing to- ■co and snuff 04,500,000 pounds; cigars over r>o,000. Importation of leaf tobacco over flo,000 ponnds; cigars 789,920 ponnds. )ver 7,o00,000 barrels of fermented liquor s produced during the year. The opinion of i statistical bateau is that the consumption malt liquor has increased and whisky de- ased during the year. Sew Yoke, September S.—David Banks, the estlaw bookseller in the State, is dead—aged hty-five. The coroner’s verdict in the case of Miss Post 9 that she came to her death by inhuman atment at the hands Of Dr. Perry and dame Van Bnskirk. Further, that Peter K. st,Sr., and P. K. Post, Jr., and Minerva Post, placing their daughter and sister in the ids of a known abortionists, are guilty of an natural outrage, evincing depraved minds, tfly regardless of their natural duty. The its were held as witnesses, and Dr. Perry and iilame B. for the action of the Grand Jury. [he ship Robert Peel has arrived. She pped a sea during the passage, killing the * officer, Thomas Tell. "HimvoooA, September 8.—Chancellor Key, hr, on the application from the attorney for s State of Alabama, gave a Bat, turning the dsma and Chattanooga Railroad and rolling •chin Tennessee over to John H. Gindrat, Kiver of Alabama, as receiver of court. In ideciaon, the Chancellor stated that if tho iperty of the road in charge of a receiver of odier State was attached within his jurisdic- ®> he would release the property, and he ex- «d a like amity and comity from the courts °ther States. Gindrat gave bond, signed by ireraor Lindsay, of Alabama, for three hun- w thousand dollars, and is now in possession the road, rolling stock, machinery, and de- h °f the Alabama and Chattanooga Railroad Tennessee. The only obstacles to running * road are the attachments in Dado county, I An application for a receiver similar to tfjsst directed will be heard by Judge Par- bat Trenton, Ga., September 19, and will *nbtedly be directed in a similar manner, so U trains may bo expected to run by Septem- fro. The greatest delight prevails univer- ‘7*t the prospect of running tho road. It J be perfectly safe for tho State to run the all parties are anxious to enjoy its aeSts. September 8.—A dispatch from waon, Wia., says there is considerable ex- ! »ent among the hop growers. As high as 50 l “Per pound is offered for now hops, andj20 “? » offered for last year’s growth. Tho this year is pronounced better than for feral years, but tbo quantity is limited. The Imated crop is only 50,000 bales. September 8.—The persons most 'erely wounded by the accident last night, on ■ Louisville and Nashville Railroad, and who ! now at (he St. Joseph Infirmary are: R. • v Bock, Ark.; Joe. Griffiths, of grille Union and American; Jas. Stone, Washington county, Miss., wounded in the • Anderson, wounded in the head; »■ Lynthia D. Vickers, of Hillsboro, Tenn., Jas. Welch, of Louisville. Tho injorios of ^persons aro not regarded as dangerous <uey uo doing well. Dr. Jas. Thomas, of p » ?*•» and Wm. Buchanan, of Ashvillo, med this morning. September 8.—The National Divis- • or bona of Temperance has settled tho ques- , ®®lowd membership by the adoption of .■allowing preamble and resolution, by a j* 91 81 to 34: ul®*’ iaour order of Sons of Temperance, J 1118 jurisdiction of the National Division, «Mw no distinction on acconnt of race, ° T r former condition, but all are alike 010 low; therefore, ts? . > That, in onr future action wo do II ee . m expedient to organize separate bod- e »|JT 6 Eamo territory on account of any of j/uuve-named distinctions. “u-inELHiri, September 8.—Kane OT>on- .. Journalist formerly connected with the Tribune, is dead. j yT~ Cc ?i September 8.—Emperors William Kafr? 0 ? JoS6 Ph parted this morning as B nenda. Francis Joseph meets tho King Invariant Munich. ^Lu>Enrnu,8eptember 8—Last week a large , Party made a steamboat excursion down Wilmington. The next day near- ronin 0 0 P art y suffered with symptoms of i and a number of respectable fami- t one or moro members of the party y *0® cases have not been alarming, but to be annoying and distressing; and %n bT 41 ^ eatura i 3 i fbat after the poisoned Kd ao 6 « m8 to h® 70 ehticely recovered, be is b • wi0 * a® much severity as before, ly 18 to bo treaUng not less than suffering from llie unfortanate icfla- Jackson, September 8.—Judge Tarbell was to-day brought before the U. S. Commissioner under the enforcement act. Waiving examina tion, he was admitted to bail in the sum of $1000 for his appearance before the U. S. Court, in January next. The offense consisted in telling certain Republican officials that nnless they supported CapL Lake, one of the Repnblican candidates for sheriff, at the ensuing election, he would urge their removal from office. Versailles, September 8.—The trial of Res- sel has terminated. He is sentenced to military degradation and death. Gambetta will defend the members of the press. Mat)bed, September 8. — Three thousand seven hundred and fifty ponnds sterling have been raised for a monument to Prim. Vienna, September 8.—The Moravian elec tions give the Government a two-thirds ma jority in the new House for tho real and politi cal equality of all Austrian nationalities. LoNnoN, September 7.—The conference of Salzburg was most friendly on both sides. The people availed themselves of the event to have a gala day. A grand dinner was given to-night, and there is also a brilliant illumination of the surrounding hills. There were 1673 cases of the foot and mouth disease in the connty of Norfolk last week. Constantinople, September 8 —The Grand Vizier is dead. The latest Algerian news is favorable. Montandon has been suspended from the ex ercise of his functions, because he made prepa rations to dispute the prohibition of the Ver sailles authorities to celebrate, on the 4th inst., the anniversary of the inauguration of the Re- nblio. Louisville, September 9.—It is reported that Carlo detectives have arrested the parties who committed the Moscow express robbery on the Mobile and Ohio Road. The parties live in that vicinity, and were heretofore unsuspected. A project is afoot for a narrow gauge road from Paducah to Paris, Tenn. A coroner’s inqnest on the railway accident yesterday, elicits the fact that the engineer was running a new engine, and miscalculated its momentum. The train went considerably be yond the point at which it should have stopped under ordinary circumstances. Seventy-five thoroughbreds are already at Lexington. Harper and General Abe Buford are there with their stables. Washington, September 9.—The Federal At torneys have been ordered to press the cases against'delinquent revenue officers and their bondsmen. The declaration of martial law in certain Sonth Carolina counties haDgs fire. The reports to the War and Treasury Departments do not substantiate the Kn-klnx Chairman Scott’s affi davits or statements. San Fbancisoo, September 9.—A terrific hur ricane has swept the Sandwich Islands, dama ging the sugar cane crop, trees And houses. No lives were lost. Fobtbess Monboe September 9.—A north east storm prevails, and the road is fall of New Yobe, September 9.—J. W. Camp, one of the proprietors of the Journal of Commerce, is dead. CoL Jerome Napoleon Bonaparte, of Paris, and Mrs. Caroline Leroy Appleton Edgar, a grand-daughter of Daniel Wedster, are married. O'Donovan Rossa, the Fenian leader, has ac cepted an independent candidature for Register of New York city and connty. A Scotchman named Groder whipped Joe Co bum in a free fight. London, September 9.—The beautiful Duch ess of St. Albans, only 22 years old, died in child-bed. The Empress Eugenie has em barked for Spain. Don Carlos advises his adherents to accept the amnesty and retnra to Spain. Versailles, September 9.—The removal of the Government to Paris, after four days’ de bate, was defeated. Rossil has been convicted and sentenced to military degradation and death. St. Johns, September 9.—Eenforth’s death was caused by great mental excitement and over exertion. His lungs were engorged with blood. There'was no trace of poison fonnd in the viscera. Tho verdict was that he came to his death from congestion of the lungs, caused by over exertion. Washington, September 9.—The Post-office Department, having information .that tho Ala bama and Chattanooga Railroad, running be tween Atlanta and Meridian, fails, directs that the mails for that section bo taken via Dalton, Romo and Jacksonville, and thence to Atlanta by stage. Nashville, September 9.—The Germans aro preparing a banquet for tho Carl Shurz meeting to-day, irrespective of party, and will prepare for bis reception. Sabatoga, September 9.—The regatta was postponed on account of the high winds. Twenty thousand peoplo were disappointed. The races occur on Monday. San Fbanoisco, September 9.—Booth’s ma jority is about 05,000. Alvard, the tax-payers’ candidate for Mayor, is elected by 2,000. An American killed a Chinaman near Oakland. The Chinaman was stealing potatoes. Richmond, September 9.—Over fifteen mil lions of the State debt has been funded to date, being one-third of the whole debt. Chicago, September 9.—Dr. Marsh Lawrence, of Kansas, partially insane on account of the death of his father, killed his wife, child and himself with a razor. New Yobe, September 9.—The World’s spe cial says a meeting ha» been arranged at Lau sanne, Switzerland, for Thiers and Gortschakoff. Charleston, September 9.—Arrived, steamer Manhattan, from New York; steamer Falcon, Baltimore. Outward bound steamers are de tained by a heavy northeast gale. Two fover deaths in the last twenty-four hours. Savannah, September 9.—Cleared, steamships Montgomery, New York; San Salvador, New York; Tonawanda, Philadelphia. London, September 9.—Seward has reached Berlin. Kingston, Jamaica, September 9.—By a hur ricane on the 21st inst., on Ortigna Island, every estate was damaged. Tho loss was im mense. Five churches were prostrated. On Tatola Island 800 houses and 40 estates were destroyed. On St. Kitt’s Island the growing crops were destroyed. New Yobk, September 9.—Arrived, Darien and James Adger. Panama, September 2.—Salvador and Hon duras, have been appointed Commissioners to consult upon the policy of the formation of a Central American Federation. Paris, September 9.—Tho Prussians com mence the evacuation of the departments near Paris to-morrow. Berlin, September 9.—The cholera is dimin ishing greatly*in North Germany. synopsis or Weather Statement. WabDep’t, Office Chief Signal Officer,") Washington, D. O., September 9, 7:40 P. M. J Tbo area of highest pressure has moved from New Jersey eastward, and extending from Maine to Virginia. Tho low barometer from Iowa to Lake Superior has been rapidly suc ceeded by au area of high pressure, which ap pears as a belt of barometer depression from Arkansas to Lake St. Clair. The low barome ter off the coast has probably moved eastward slowly, aBd is apparently developing into a severe storm in the^Gnlf stream. Cloudy weather with northeasterly wind3 continues on the south Atlantic coast. Clear weather with falling ba rometer for the.Middle and Eastern States. Brisk southerly winds from Lake Superior to Mis souri are now replaced by fresh northerly winds. Light rain has fallen in Wisconsin and Eastern Nebraska. The barometer has risen decidedly at the Rocky Mountain station. Probabilities: Cloudy weather is probable for Sunday from Lake Erie and Missouri. Clear weather with rising barometer north of this area. Southerly winds with light rains on the Golf coast west of Florida. Cloudy weather and northeasterly winds on the south Atlantio coast. Falling baram ffer with increasing cloud iness and easterly winds in the Middle and Eastern States. Rome, September 9.—The Pope has sent a letter to M. Thiers, congratnlatiiig him upon the continuance of his term of office. The Papal journals of to day contain a severe criti cism npon Napoleon. The Alferir Society threatens to bum the Vatican. Precautions have been taken against such a crime, but in case an attempt should be made, and anachy should ensue, tho person of the Pope will be protected by the Bags of for eign embassadors. Berlin, September 9.—The Kruz Zeitnng announces the result of the negotiations at Salz- bnrg as follows: “Austria and Germany, repu diating aggressive ideas, will unite closely to repel aggression.” Germany,” continues the Kruz Zeitnng, “wishes Austria to be strong, and the Austrian Hmperor and statesmen desire union with Italy.” London, September 9.—Tho Hong Kong and Shanghai cable has broken. Napoleon resides at Torquay during Eugenie’s absence. The Le vant Herald says tho deaths at Tabreys, Prus sia, still average 240 per day. Christians and Mnsselmen are camped in tho mountains, and business is entirely stopped. The Prussian army has been disbanded. Storms and innndations have destroyed the bazars and gardens ir the vicinity. The conclave at Fnlda has determined to take decisive steps Bgainst the aggressive policy of Dr. Van Mahler, Prussian Minister of Ecclesiastical Affairs. A joint resolution has been adopted to disregard his decrees and peti tion the Reichstag and Emperor William for re dress. The Bishops are departing. Gonzales Bravo, ex-Prime Minister of Spain, died suddenly at Biarritz in comparative pov erty. ' Masquerade Ball at Chalybeate — Brilliant Exhibition—Dancing—TJn> mashing—High Old Times—What We Saw, etc. Correspondence Telegraph and Messenger.] Those who missed the brilliant masquerade ball at Chalybeate on the 25th inst., must seek consolation in regrets. We dare say a more pleasant occasion was nevor enjoyed by boys and girls together. The characters were varied, full of interest and finely represented by the dash, wit and beauty of Chalybeate. The hall was crowded with spectators and there was lots of fun. We hope Hut none of yonr readers will become offended if we fail to give an adequate description of this brilliant affair. At 9 o’clock the masqued party entered the hall amid the vociferous cheering and curious gaze of a large audience, creating a perfect sensation. The costumes presented a singular contrast, the splendor of some reminding ns cf heaven, and the grotesque appearance of others, making one feel like he was near the infernal region, with the devil after him. The dancing soon com-, menoed, and there was Some dancing for high and some for low, Dancing with whom, we did not know. We got onr pencil and paper out to tike characters; but we were in a perfect pandemo nium. All we could hear was laughing and noise —all we could see was mysterious forms. But there was no use a talking—wo finally had to face the music. “Is that you, John?” screamed an old lady (enmasked) apparently 100 years old, half bent, with specks on. “I specks it is,” says L Well John, I rode horseback with yer father 79 years ago. I am glad to see yon.” This character represented old “Grand Ma,’ and was decidedly the character of the evening. We were surprised to learn that the old Grand Ma, who had attracted the universal attention of the house, with her wit and fan, should be the beautiful Miss Mary Th’mas, of Columbus. The Queen of Sheba was finely sustained by Miss Fannie B., of Va., who wore a purple robe trimmed in ermine, velvet train. Good for nothing Nan, Miss Carrie B’ts, of Macon, was a splendid representation and very much admired. Dress—yellow skirt, white bib apron, flaxen locks, with a seaside hat on which looked like the relic of a small hurricane. Miss Georgia H’dwick, of Columbus, repre senting the Empire State, was gorgeously at tired in a white dress elaborately trimmed with blades of com. As beantifnl as a dream fell npon ns the vis ion of a form we recognized, dressed in a green tarleton trimmed with shucks, which we will call “Shucks,” a very unique and original character, was borne out admirably by the lovely Miss Mary I’grham, of Columbus. The charming Miss Mary O., of Albany, ap peared in the beloved character of Mary Queen of Scots, and looked as sweetly as ever did the Queen herself. Miss Mary H’ward, of Columbus, in a mag. nifieent costume, covered over with little hearts, cards, beads, etc., representing her profession, presented the brilliant character of Queen of Hearts, and won new conquests for herself in this role. The beautiful Miss Lela S’hford, of Macon, in a black dress bespangled with stars, whose brilliancy was heightened by a coronet of gold, presented one of tho most becoming and grace ful figures of the evening. There was a charming little lassie, Miss Davis, who wore an orange tarlton, trimmed with strips of silver and gold, representing sunshine, that will long be remembered. The coquettish and very pretty little Miss Sal- lie O. L’chart, Columbus, presented the Daughter of the Regiment in a most captivating style. The French colors, canteen, flag, belt and pistol were displayed in an admirable manner. Her dancing was faultless, her movement the poetry of motion and her form floated on onr vision like a dream. Miss Maggie "W’iker, of Columbus, wore one of the most magnificent toilets of the evening, representing Antnmn leaves, in a very happy manner. Her coronet was the most beautiful we ever beheld, being set with clusters of the richest frnits, representing the garden and the field. Decidedly the most gorgeous and brilliant costume in the ball room was worn by tho cap tivating Miss Kate Boi’lett, of Macon, represent ing a Turkish character. She appeared in a short blue silk dress, with crimson satin oven- dress, flowing tresses and velvet turban trimmed elaborately with beads and gilt pearls, making np a most splendid combination. There are several other characters whom we have forgotten. A bright little boy with light curly hair, in full dress, presented the charac ter of George Washington in an artless manner, attracting universal attention. Tho dashing Warren Howard presented the Devil to perfec tion, and boro himself gallantly among the mas queraders. Mr. Hamp. Howard wore a superb velvet cloak, trimmed elegantly and presented tho distinguished character of Sir Walter Raleigh. There were several amusing incidents during the evening. Old Grand Ma danced with a young feller, and the Devil got after George Washington and made him git. Our description of the ball is done, and if there is anybody mad we can’t help it. Good byo. Occasional. Tbe Interview Between Grant and the Louisiana Delegation. Tho report to be famished to the country this evening of the interview of the Louisiani ans with the President at Long Branoh is not re liable, but made np to order by a eub-commit- tes, who retired to a lager beer saloon for that purpose after haviDg left Grant’s mansion. The reporters were rigidly excluded from the inter view, the Louisianians say, by order of thePresi dent. The latter says that at the request of the delegation the darkey at the Presidential door stopped the reporters and peremtorily order ed them away. The associated press report er then attempted to run the blockade, bnt Grant himself put him ont. The in terview lasted twenty minutes, at the close of which the reporters were told that a re port wonld be made up and furnished. £ have just had a conversation with a member of the delegation, who have just returned to New York. He says the President was greatly ex cited, and twico interrupted the reading of the memorial. When Casey’s outrage was alluded to be stamped his foot angrily on tho floor, and again pounded the piano with his hand, showing all through the reading extreme agitation. The President did not wait for the ending of the reading, but interrupted by saying Casey was not them. Col. Dibble, of the delegation, re plied that the soldiers were stationed there by command of Casey. Grant denied it. When the reading was finished the President said he wonld show the document to the other side, and hear what they had to say about it.—Ifeio York dispatch to Western Press, September Gth. What One or tbe Fathers or tbe Radical Party Thinks or It Now. At the State anti-dramshop convention, held at Syracuse, New York, O. O. Leigh, of New York city, was made President, and on taking the chair made a speech from which we take the following cheerful extract: He had been one of the fathers of the Repub lican party, bat was obliged to confess that the management of that party, especially in his sec tion of the State, was left to as great a set of scaUawag8 and villains as ever cursed any party. The leaders of the Republican party there were bought and sold by the Tammany ring same as beefsteaks or chops in the market. Tho only hope for the temperance cause, he said, was separate political action, relying on prudence for results. That’s jast exactly what every decent man thinks, and yet the trewly loyl roll their eyes and howl “traitor” and rebel at everybody who puts the thought in words. The South African Diamond Fields.—The Salem (Massachusetts) Register publishes let ters from Cape Town, O. G. H., whioh state that diamonds are found by the hundreds every day. A stable boy had just returned from the field of operation with one of seventy-three carats of such perfect shape that it will lose lit tle by entting, and is of great purify. It is valued at $20,000. One of ninety-three carats has also been found, and a Cape Town laborer has returned with one of fifty-five carats. A young American, strolling about, stumbled upon a stone worth $25,000. Another Ameri can found seventeen in one week. They are sent down from .tbo fields by tho* hundreds every week. They Profound over an area 200 miles square, whichji3 extending every day. The bankers readily make large advances to them. ,.i j Jaei.iiTS edlC'.vi" lm. in, •--it! -cS, t~.32isnts^L edJ—.‘sqb'J gqziJiO i<ns-. Decisions oi the Supreme Court ot Georgia. DECISIONS RENDERED AT THE JULY TETM. Prom the Atlanta Xeio Era.] P. W. Doyle and James Martin, Sheriff, vs the Trustees of the African Methodist Church and of the Methodist Episcopal Church, South. In equity. Warner, J,—This is a bill filed to set aside the sale of a city lot in Macon, on the ground of alleged fraud by Martin, the sheriff, and the purchaser, and also because of unfairness in the sale, the inadequacy of the price paid for the property, and that the title to the lot had not passed to the purchaser. The lot was sold on the following agreement: “The above case,” after stating it, “is settled on the following terms, to-wit: “the lot of land in dispute shall be sold by the Sheriff of Bibb county on the first Tuesday in Febrnarynext, after advertising the same once a week in the Telxgbafh and Mes senger until the day of sale. The terms of the sale, cash. After payment of costs and expenses of sale the balance of the money arising from the sale to be divided equally between the Metho dist Episcopal Church (South) and the African Church.” Signed by tbe counsel of both parties. Whereupon the following order was entered npon the minuteBof the court: “No vember term, 1809. Ordered that the above settlement be and it is hereby made the judg ment of the court.” On the trial of the case evidence was introduced on both sides as to the fairness or unfairness of the sale, and as to the conduct of the sheriff and pnrehaser. The court charged the jury that this was not a judicial sale under execution, and that the law of the State covering judicial sales was inapplicable to said sale, and that in a sale under this order the con firmation by the court was necessary to make it valid, and there being ns such confirmation, yon should set aside the sale, and decree the deed to be given np to be cancelled. To wbioh charge tbe defendants excepted. The jury returned a verdict setting aside the sale, and ordering a new sale; and further, found that no fraud was proven between the purchaser and sheriff, bnt decreed that the deed to Doyle be rendered np and canoelled. The defendants moved the court to set aside the verdict, on the ground that it was against law and evidence. Whioh motion the court overruled, aud the de fendants excepted. Admitting there was no fraud proven be tween Doyle and tho Sheriff, there is sufficient evidence in the record, independent of that fact, in relation to tbe sale of the property, to sustain the verdict. This was not a judicial sale by the Sheriff acting in his official capac ity, even if there had been an order of the Court, ordering him to sell the property and au thorizing him to make a title thereto to the purohaser thereof. In onr judgment there was an error of the Court ordering the property to be sold. There was an agreement of the par ties that the property should bo sold by the Sheriff and the terms thereof in settlement of the snit pending between them, and that set tlement was made the judgment of the Court and that is all. The parties by agreement could not confer npon the Sheriff the authority to sell the property and to convey title thereto to tho pnrehaser without an order of court to that effect. The judgment of the court confirming the settlement is one thing; the order and judg ment of a court ordering a sale of the property in pursuance of that settlement, and conveying a title thereto, is another. A very important question so far as the question of the purchas ers is oonc.emed under such sale. Whenever a conrt, by its judgment, shall or der a sale of property in pursuance of an agree ment of parties, then it will be the duty of the court to see to it that the sale has been made, and the title to the property executed in accord ance with its order and judgment, especially if any objeolion shall bo made thereto by the par ties interested. In view of tbe facts of the record, tbe verdict of the jury setting aside the sale of the city lot was right, and there was no error in the court refusing to sot. the verdict aside. Judgment affirmed. B. A. Thornton, Receiver, vs. T. F. Gibson. Question of fact for tho jury. Warner, J.—This was an action brought by the plaintiff as receiver of the estate of Ralston against defendant, to recover some $500 alleged to be due tbe estate of Ralston for the rent of a store house in Macon. The defendants pleaded that at the time the store house was rented there was a copartnership existing be tween the plaintiff in his individual capacity and the defendant, and one Aurelius Gibson, to do business as merchants in Macon, which partnership was afterwards dissolved. On tha trial of the case, after the plaintiff had closed his evidence, the defendant demurred thereto, and moved for a non-suit, on the ground that the plaintiff’s evidence showed the existence of a partnership as alleged by the defendant at the time the store honse was rented. The conrt granted the nonsuit, and the plaintiff excepted. This was a demurrer to the plaintiff’s evi dence, and the question for the decision of the court upon that demurrer was not as to the pre ponderance of the evidence in favor of the part nership ; bnt the question for the decision of the court was, whether there was any evidence denying the existence of tho partnership at the time the store-house was rented. If there was any evidence on whioh the jury could have found that there was no partnership, then they should have been allowed to consider and pass upon that evidence. 15th Ga. R., p. 491. 5th Ga. R., p. 172. Thornton states, in his answer, that there was a proposition made by him that, when the de fendant and his brother should come to Macon and commence business, that he would put in $5000 as a partner to whioh the defendant as sented. There was no partnership, and there was to be nono until they came np to Macon and commenced business. They never came, and there never was any partnership confirmed. It was error in the court to sustain the demur rer to plaintiff’s evidence as disclosed by the re cord, and granting the non-suit. The question of partnership or no partnership should have been submitted to the jury under the evidence of this case. Judgment reversed. Michael Gormloy vs. J. H. Taylor, District Attorney. Mandamus. District Courts. Va cancies. Governor’s authority to fill vacancies. Constitutional law. McKAijfc J.—When tho constitution creates an office to be filled by the appointment of the Governor, by the advioe and consent of the Senate, but legislation is necessary to carry the constitutional provision into effeot, and an aot for this purpose is passed, which by its expressed terms does not take effect until the day after the adjournment of the Senate, the office is vaoant and may bo filled by the appointment of tho Governor, until filled as provided by the constitution. It is immaterial whether the office has become vacant, or is vacant by having never been filled. In the latter case he may fill it, nnder section CC of the Codo, which authorizes him to appoint all officers, and fill all vacancies, unless otherwise prescribed by tho constitution and laws. It is the dnfy of courts, in passing npon the constitutionality of laws, not to pronounce against them except in a clear case, and to make every intendment possible in favor of their constitutionality. Art. 3, seo. 1, aud par. 3 of the Constitution prescribes that “the first meeting of tho Gene ral Assembly shall be within ninety days after the adjournment of this convention, after whioh it shall meet annually on the second Wednesday in January, or on such other day as the General Assembly may direct;” and that no session of the General Assembly, after the second, nnder this Constitution shall continue longer than forty days, unless prolonged by a vote of two-thirds of each branch thereof.” The session of 1870 may, in a very just and proper sense, be the first or the second session, as provided for, and specially required by this Constitution, so as to exclude from the two sessions called and extra sessions. The session of tho General Assembly which met on tho 4th of July, 18G8, more than ninety days after the adjournment of the convention, nnder the order of General Meade, through a legal session, was a called, or extra, or irregular session, and not one of the sessions contempla ted by the Constitution. The session of tho General Assembly of 1870, it may be affirmed, was not a session after tbe second session nnder tbe Constitution. The act of October 27, 1870, to assess a tax to pay the salary of the District Judges and At torneys, is sufficiently definite, since from the census of 1870 the amount due from each county can be apportioned, and the tax books in tho Comptroller General’s offioe will point out the property to be taxed. Lochbanb, O. J., ooncurred. Warner, J., dissented. Native and Foreign Population.—The totals of the census Bhow how foolish have been the apprehensions of thoso who have felt alarmed at the influx of foreigners into the country.— The census tables place our native population at 32,989,437; foreign population at 5,660,400. Thus, the native population is seven to one, and that majority will increase rather than decrease. FINANCIAL AND COMMERCIAL Dally Review of the Market. September 9—Evening. 1871. . ■ Cotton.—Beoeipta to-day 14 bales; sales SI; shipped —. The market closed steady and firm at 18)£ cents for middlings—offerings light. Futures closed in New York as follows: Septem ber 19%; October 19%; November and December 19%; February 19%. MACON COTTON STATEMENT. Stock on hand Sept. 1,1871—bales.. 1,739 Received to-day 14 Beceived previously .108— 122 Shipped to-day Shipped previously .125— 1,861 125 Stock on hand this evening... 1,786 There was little else than a moderate retail trade in the city to-day, People from the surrounding country, owing to the destruction of nearly all the creek bridges cannot get to town with their wagons and produce, and hence the general market is ex tremely dull. Bacon clear rib eides are quoted at 9@9%; ehouldera 7%@7%. Com 100@110. Bag ging 24@25 cents per yard. Iron ties 6%@7c, ac cording to quantity. Horning market Report. New Yobk, September 9.—Cotton quiet and firm; sales 1000; uplands 20%; Orleans 21%. Turpentine steady at 53@53%. Borin quiet at 310@315 for strained. Freights firm. Stocks lively, prices weak. Governments strong and steady. States dull and steady. Gold strodg at 13%@13%. Money easy. Exchange, long 8%; short 9%. Flour 10@20 better. Wheat 2@3 better. Com 1@2 better. Pork eteady at 13 60@13 02%. Lard qniet. London, September 9, noon.—Consols 93%.— Bonds 93%. Paris, September 9.—Rentes 57f 5c. Frankfort, September 9.—Bonds 95%. Liverpool, September 9, noon.—Cotton opened firm; uplands 9%; Orleans 9%. Breadstuffs firmer. Later.—Cotton quiet; uplands 9%; Orleans 9%; sales 12,000: speculation and expert 3000. Breadstuff’s active. Bed winter wheat 11s 6d.' Flour irregular at 24s@26a Gd. Com 30s 9d. Markets—Evening Report. New York, September 9.—Cotton quiet; sales 1205; uplands 20%; Orleans 21%. Flour, Southern closed firmer; common to fair extra 6 0?@6 90; good to choice 7 00@9 00.— Whisky dull at 92%. Wheat closed heavy; winter red western 1 50@l 55. Com closed heavy at 70. Pork Eteady at 13 50@13 62%. Lard firmer; kettle 9%. Navals steady. Tallow unchanged. Freights active and firmer. Money free at 3. Sterling steadier at 8%@ 8%. Governments very dull. States dull and steady. Specie shipments $153,000. Bask Statement.—Loans increase over $4,000,000; specie decrease over $1,500,000; deposit decrease over $500,000; legal tenders decrease nearly $1,- 500,000. Governments, 81s 18%; 62s 15%; 64s, 15%; C5s 18%- new 14; 67s 14%; 68s 14%; l0-40s 11%. Ten- nesseea 73; new 73; Virginias 03%; new 70. Louis- ian&s 65; new CO. Levees 71: 8s 83. Alabamas 100; 6s 68. Georgias 83; 7s 91. North Caroliuas 43; new 25. South Caiolinas 75; new 57%. Baltimore, September 9.—Cotton closed easy; middlings 20%; net receipts 89; gross 94; exports to Great Britain —; coastwise 100; sales 123; stock 630. -. •■'. Flour excited with an advancing tendency; large transactions; prices irregular and nominally ad vanced 25 cents. Wheat active and firm. Com unchanged. Provisions firm and unchanged. Whis ky firm at 92%@93. Louisville, Septomber 9.—Provisions opened firm with an upward tendency. Bacon—rib sides 7%; clear rib sides 7%. Lard, packed in fair de mand at 9%@9%. Whieky firm at 91. Cincinnati September 9.—Pork in good demand at 12 50@12 75. Bacon—sides 7%@7%; slonldors, stock withdrawn anticipating higher prices. Whisky in good demand at 90. New Orleans, September 9. — Cotton closed firm; middlings 19%; net receipts 134; gross 144; exports to Groat Britain 2,660; coastwise —; sales COO; stock 23,152. Flour closed dull at 4 62%@i 75 for superfine; double 5 85; treble 6 00@6 25. Com quiet: mixed 73; yellow 75; white 75. Oats closed at 55. Hay, scarce aud higher; choice 30 00. Bran 117- Pork firm; 14 00 refused, 14 25 asked. Bacon firmer; shoulders 7%; dear rib eides 7%@7%; dear sides 8%f?9; sugar cured hamB scarce at 16%. Lard scarce and firm; tierces 10%@10%; kegs 11%@11%. Sugar and Molasses, nothing doing. Whisky, weBtem rectified 90@1 00. Coffee inactive. Sterling 23%. Sight % premium. Gold 13%. WiLMraoTON, September 9.—Cotton firm; mid dlings 19%; net receipts 30; oxports coastwise 26; sales 60; stock 699. Spirits of turpentine strong at 47. Bosin firm at 5 50. for No. 1; 7 00 for extra pale; 6 75 for pale. Crude turpentino steady at 3 50 for yellow dip; 4 50 for virgin. Tar steady at 215. Augusta. September 9.—Cotton market quiet; middlings 19@19%; sales 75; net receipts 60. Savannah, September 9.—Cotton, good local de mand; low middlings 18%@18%; net receipts 63; exportscoastwiao —; sales 25; stock 3153. Charleston, Soptembor 9.—Cotton market dosed Eteady; middlings 19; not receipts 106; exports coast wise —; sales 50; stock 3962. Mobile, September 9.—Cotton market dosed uiot; middlings 19%; net receipts 95; exports to Iroat Britain ; coastwise 13; sales 100; stock 6296. Galveston, September 9.—Cotton market dosed steady; good ordinary 17%; net receipts 693; exports to Groat Britain 526; coastwise 29; sales 409; stock 11,358. Boston, September 9—Cotton market dosed firm; middlings 21%; net receipts 46; gross 133; ex ports to Great Britain —; coastwise —; sales 400; stock 7500. Norfolk, September 9.—Cotton quiet; low mid dlings 19%; net receipts 190; exports coastwise 140; sales-; stock483. Memthis, September 9 —Cotton dosed inactive; middlings nominal at 20. Philadelphia, September 9.—Cotton very firm; middlings 20%@21. Who is Old?—A wise man will never rust ont. As long as he can move and breathe he will be doing for himself, for his neighbor or for posterity. Almost to the last hour of his life, Washington was at work,, So were Frank lin and Young, and Howard, and Newton. The vigor of their lives never decayed. No rust marred their spirits. It is a foolish idea to sup pose wo must lie down and die. because we are old. Who is old ? Not the man of energy; not the day laborer in science, art or benevolence; bnt he only who suffers his energies to waste away, and the springs of life to beoome motion less ; on whose hands the hours drag heavily, and to whom all things wear the garb of gloom. Is he old ? should not be put; but is he active ? can he breathe freely, and move with agility? There are scores of gTey-headed men we should prefer, in any important enterprise, to those young gentlemen who fear and tremble at ap proaching shadows, and turn pale at a lion in their part, or a harsh word or a frown. Administrator’s Sale.' B Y virtue of an order from the Court of Ordi nary of Marion county, will be sold on tho first Taeaday in November next, before the Court-house of said county, the real estate of Henry Hollis, of said county, deceased, to-wit: Lot of land No. 144, and 80 acres of lot No. 143, in the 5th district of said county. Terms Of sale cash. Sold for distri bution W. T. HOLLIS, seplO wtds Administrator. Administrator’s Sale. W LL be eold on the first Tuesday in Novem ber next, before theCourt-houBe in Marion connty, 150 acres of lot of land No. 146, in the 31st district of said county. This is a good little place, two miles sonth of Buena Vista. Sold as the prop erty of A. D. Davis, deceased, for distribution. Terms cash. A. W. DAVIS, seplO wtds Administrator. Executors’ Sale. WJHAi be sold, under the will ot Geo. M. Cham- VV pion, deceased, on the first Tuesday in No vember next, before the Court-house in Marion county, Georgia, tbe following settlement of lands to-wit: Lots Nos. 3, SO, and one-balf of 4, in 25th district, and lots Nos. 193,223,777 acres of 225, and one-half of lot No. 155, in 81st district, all of said county. This is one of the most desirable planta tions in Soutbwest Georgia, with a good dwelling, oathouses, and all in good repair. Terms—One- half dne 25th December next, and one-half due 25th December, 1872. Bond for titles given till last payment is made. * soplOwtf JACOB CHAMPION, Executor. SURE POP ! Death to Bats* . . . • - » - 4 «TA ■ Roaches, iu Bed Bugs, etc. Never failing. Boxes double the size as others. Hermetricafly sealed and always freeh. For sale* in Macon, at wholesale and retail, by J. ff. Zeilin A Co-, Hunt, Bankin & Lamar, and all druggists- feb26dAwly ... ■ •: l.ce .♦flsif Ter' 1 : .*• oi .. h * ; •'- vs * j r -fftjvisH t-J u W»i!c-a fctro'ovhVrfo -*11 j GEORGIA ACTUAL BffllSS COLLEGE, MAOOU, G-BonOIA. THE OLDEST ESTABLISHED IN THE CENTRAL SOUTHERN STATES. The Most Complete Is all Its Appointments, with Banks, Offices, etc., etc. FEMAISHIP, BOOK-KEEPING & ARITHMETIC PRACTICALLY TAUGHT. Students Enter at any Time; No Vacations. FOR FULL PARTICULARS OF THE COURSE OF DESTRUCTIONS, TERMS, ETC., ADDRESS GEO, R. LEVISON, Secretary. B. B. EUSTOIT, President. T. C. NISBET, Iron - Works. MAOON, % axionaiA. MANUFACTURES STEAM ENGINES, SAW AND GRIST MILLS, Shafting and Steam Boilers, IRON RAILING AND ORNAMENTAL IRON WORK, MILL AND m GEARING, AND OTHER CASTINGS, THREE ROLLER CANE HILLS IN IRON FRAMES. ORDINARY CANE MILLS, FROM 11 TO 18 INCHES DIAMETER. KETTLES, FROM 30 TO 130 GALLONS AND FROM PATTERS MORE NEARLY AVERAGING THEIR NOMINAL MEASURE THAN ANY PATTERNS IN THE STATE. HORSE POWER FOR GINNING COTTON. This Power has been three times as long at work as any applied to Ginning, and with what success let the*following certificate ehow: MniEDGEYiLLE, February 14,1871. T. O. NISBET, Esq.—DeabSib: * » I am using one of your Horse Powers for ginning my cotton. Itbasbeeninuseabouttbreeyears, and has ginned about four hundred bales of cotton. I think it well adapted to ginning. I gin two bales * day on a forty-saw gin and with two mules. My gin is situated in an old negro cabin and the power is placed outside. J. A. ORME. Price of Horse Power, with IRON FRAMES—Guaranteed, • • • • • 9100 OO COTTON AND HAT PRESSES. HORSEPOWER. HAND POWER. These Presses, from actual use, have given as much satisfaction aB any ever introduced, and on ap plication I can furnish a circular with several hundred names of planters who aro using this Press, and am willing to abide by their verdict as to its merits. A new improvement lias been introduced into these Presses which enables tbo packer to pack cotton in the box with more facility than any arrangement heretofore in use, and admits of a longer cotton box. These Presses, it is believed, can be furnished at a less price than any other. ON HAND AND FOB SALE: 1 New 40-liorse Engine, - - - - 1 New 25-horse Engine, - - 2 New 14-horse Engines, $1000 800 500 CaTSend for Circular, containing cuts, description, and prioe lists of the vatiouB kinds of Sorews. jnnS02aw<bw4m . . Southern Life Insurance COMPANY, ATLANTA, CHJORaiA, GEN. JOHN B. GORDON, Pbxsxdzst GEN. A. H. COLQUITT, .: Vice Pbicidzst afd Business Managxb W. O. MORRIS Recbztaby H. Y. M. MILLER, M. D. Medical Dibeoxob J. L. ROGERS, WM EDIWGS, W. W. LEMAS, General Agents, Macon, Ga. ASSETS, June 1,1871, $1,500,000 Insure Tour Life AT HOME in this Company, Because The SOUTHERN LIFE is weU juanaeed and has abundant Capital. AU of its funds are invested Georgia. The rates are not higher tb*u those pf any first-class Company. Each year the surplus returned to the insured in Cash Dividends. The success of the oompany is unparalleled. Gens. Gordon, colqoitt, wade Hampton, and like honest and honorable men are its Trustee* and Di^AuTosses * re P s ' a without unnecessary delay. The Company is no longer an experiment—its experience and aocumlated capital renders its suo- ceas a3*»r©d and its security unquestioned. • jia economy is unsurpassed. All Soliciting Agents, who are authorized, have a commission signed by the Secretary and Gen' eral Agents. ROGERS, EDUSGS & CO., General Agents, june20 d£w3m Hollingsworth Block, Macon. Ga. W ANTED! [Extbaobdikaby Chance] Agents to sell T. 8. Arthur’s last great work 1 * Six Nights with the Washingtonians,” and other-Teo- peranco Tales, written in his most powerful and graphic style, and said by the best critics to surpass anything that hu ever been written or spoken on the subject of Temperance, either by the. far famed “ Gough” or others While dealing solely in Facts, the work has all the fascination of the most exciting narrative, and is eagerly bought by everybody. Splendidly bound, profusely illus trated,. and sold at low figures.. To- wide-awake, live ageuta, this is an opportunity seldom offered. To all such, who make early application, we : will give the Best Terms and exclusive territory. Ad dress PuBUsHEfa'House cf F. I.- DIBBLE & OO.-, 1 S. W. cor. 3d and Jefferson eta, Louisville, Ey. s aug27weow3m Jl !; o •C<f stc In tbe Common Fleas. rib The State of South Carolina, I County of Darlington. ). M. A. McOIecaghan, *\ vs. r Bill for Partition, Thomas Sauebury and wife, f Account and Relief, and others. J N OTICE is hereby given to the hmrs and dis tributees at law of David McMuldrow, other wise known as David Moldrow, to come in and es tablish their relationship to the said David McMul drow, and their right as distributees, ar that they be debarred from all right of participating In the benefit of the decree for partition of the lands of said - David McMuldrow, situate in the county of Darlington, near Darlington Court-house, described in tbe pleadings in this cause. June 28,1871. sep2 w40d W. E. CHARLES, C. G. P. tool
