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]}V J. W. BURKE & CO.
GEORGIA JOURNAL & MESSENGER
j. W. BURnB 6l CO., Proprietors.
A. IV. REESE, Editor.
OFFICE No. 60 SECOND STREET, MACON, GA.
h ates of subscription.
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\ \V \STE OF WORDS.
We submit that all the discussion now
going on in the Democratic press of the
Btate over the effect of the recent decision
of the Supreme Court, so far as the Legis
lature and the expelled negro members
thereof, are concerned, is a simple waste
of words. It can result in nothing prac
tical. and, therefore, is of doubtful propri
ety, to say the least. If the arguments of
those who insist that this decision does
not touch the case of the negroes who
were expelled last winter—they holding
that question to be a resad'judicata —eould
be made a fact despite tbe decision, and
the Htate not suffer therefrom, why it
*uuld be a different affair. But we all
jow the futility of any such expectation.
The negroes will be reseated in the Legis
lature some way and anyhow—by volun
tary act of each body, or by tbe command
of Congress and at the point of tbe bayo
net. This tbe Radical party, so far as we
can judge of their intentions, is resolved
upon. It will be a crime and an outrage,
but what of that? They have perpetrated,
and are perpetrating greater every day.
For all purposes of practical resistance we
are helpless. We may threaten, and de
tain, and protest, lint they can act
What’s the use, then, of argueing about
it?
On the other hand, we fail to see the
utility of constantly proclaiming that tlie |
decision of the Court must be respected 1
and obeyed by the Legislature, and that
their refusal to do so is positively wrong,
and mischievous, and highly reprehensi- j
ble, and must lead to danger. The mo- j
fives of those who thus write are good, we
concede, but why furnish weapons for our I
assault by tbe common adversary? They
will only he too happy to clutch at South- ;
ern demonstration of their own theories. :
They will quote such argument as proof' 1
that their policy and declarations on a
certain issue find supporters even among
those who are utterly opposed to their
general principles as a political organiza
tion. We are sure no good can be accom
plished by such a course on the part of
any newspaper in the State.
The true policy, it seems to us, is to ac
cept the decision and say nothing more
about it. To argue the question only dis
tracts and divides 'lie people, and makes
discord where there should bo perfect
unity. But silence, does not forbid action.
We may hold just what opinion we
please as to its legality, but when
it comes to adopting a policy that I
will make it harmless, there must and
will not be any division. That we can
extract the sling, we are thoroughly per- I
suaded. It may be galling to bear, but it
will not last long, uor inflict any material |
damage. It can no more bar tbe progress j
of the white man in Georgia to unchecked j
domination in Georgia than did Canute’s :
words stop tlie waves of the ocean. It j
will prove only an episode to remind us,
when we have firmly established the su
premacy and power of the white race in ;
this State, of dark days that have passed
forever. The decision may put a few ne
groes back in offices, and open the doors |
to others, but it will be the emptiest and
shortest-lived triumph a corrupt Judiciary
ever decreed, or au iuferior race ever won ;
against a superior. It is hardly a practi- !
ealquestion «for to-day, even, to say no
thing of live or ten years hence. We i
hold Georgia now in a grasp that nothing
but the bayonet can shake. How succeed- j
ing years will strengtheu that grip needs J
no argument. If we are in such an im
pregnable position now, why invite the
interference of the bayonet? Why put
back the baud on the dial plate when it is
moving so steadily to the hour of com
plete victory ? The most favorable results
that can possibly be expected will not
compensate for the risk.
Let us, then, treat the question as both
trivial anil ephemeral, so far as practical
results are concerned ; as one that can no
more impede our march towards domin
ion than did the presence of the lly stop
the revolving cart wheel. We can and
will control it easily. Ten years hence
those who are now disturbed will laugh at
their fears. They may see negroes hold
ing office, then, but they will know that
they do so only in localities, and under
circumstances acceptable to the ruling
race. That will be the end of it, all may
rest assured.
Episcopal Church in Georgia.—The
Protestant Episcopal Church in Georgia
is now on rising ground. With the
Bishop, there are thirty clergymen in
union with the Diocese, representing
thirty-five churches amt two thousand six
hundred and sixteen communicants, two
hundred and twenty-two Sunday School
teachers, and one thousand eight hundred
and twenty-three scholars. During the
Convention year, ending May 5, 1569, the
baptisms were sixty-two adults, three
huudred and sixteeu infants, and three
hundred and uineconfirmations ; commu
nicants, four hundred and forty added,
one hundred and seventy-nine removed,
thirty-two deaths, and live withdrawn.
As evidence of the earnestness auil liber
ality of the church people in sustaining
their religion, the amoun's of their con
tributions for communion alms, Diocesan
missions, foreign missions, domestic mis
sions, other church and charitable objects,
aggregate the handsome sum of $34,289.96.
This is at least showing faith by works,
aud reflects much credit upon the
liberality of Episcopalians in sustaining
their church. It is not improper to add
that the great energy and zeal displayed
by Bishop Beckwith is doing much to
build up the church throughout the Dio
cese.— Latirange Reporter .
Attempted Burning of a Dwelling
—Five Persons Burnt—One Fatally.
—About two o’clock yesterday morning,
Mrs. E. E. (’aider, residing with tier father,
Mr. E. C. Prince, at No. 1 Ann, near Eliz
abeth street, was aroused by a light iu her
chamber, in which she, with her two chil
dren, one an intaut four mouths old, slept.
She immediately jumped up aud discov
ered that the beil was on fire, burning
from the bottom. She gave the alarm and
her father and brother, Mr. J. E. Prince,
came to her assistance. They rescued the
children from the flames, which, with
some difticulty aud after two beds were
burnt, were extinguished.
Mrs. Calder, her brother and father, were
burnt about the hands and arms while
rescuing the children, both of whom were
severely burnt. One of them, Edwin
Charles, about three years of age, lingered
in excruciating agouy until seven o’clock
yesterday afternoon, when death put an
cud to his sufferings At a late hour last
Light no hopes of tlie recovery of the babe
were entertained. The injury sustained
by the others were of a comparatively tri
lling character, and they are now doing
well. —Charleston News, 22d.
—Missouri will hereafter pay the inter
est of its State debt iu gold.
the present A.vn Finnic ok southern
COl'TO* production.
* It is now generally admitted, (says tbe
New Orleans Commercial Bulletin,) by
the most experienced observers, that the
aggregate breadth of land devoted iu the
.South to the cultivation of cotton the pres
ent year, is something short of what it was
last year. This does not result from a less
inclination on the part of planters to pro
duce cotton, or to less capital at their com
! mand to assist in producing it. On the
contrary, thanks to the remunerative re
sults of their last year’s operations, they
were in an improved fiiraucial condition
and an eager mood of mind, such as would
unquestionably have led them to under
take to plant more largely of cotton, but
for the interposition of a single difficulty,
that of procuring an adequate supply of
labor. It is interesting to explain, and
important to understand, tbe precise na
ture of this difficulty; and the stubborn
fact in which it has its root cannot be too
often or too vividly impressed on ttaecom
mercial mind.
If cotton planters in general did well in
1868, the colored employes in general pros
pered in an equal measure; and, relatively
to their needs and expenses, perhaps in a
still larger tmasure. In pro{iortiou as their
pecuniary condition was bettered they
were indisposed to hire themselves as field
laborers, and ambitious to set up farms of
their own, on which little or no cotton
would be grown, or to engage iu some
business requiring the least amount of
hard work Home went so far us to dream
of an indefinite vacation from laborof any
sort, a period in which they would aban
don themselves to a delicious iusouciance
in a life of independent leisure. Here is
the secret of the stringency of the labor
market which was experienced by planters
in preparing for the operations of tbe
present year; and here is the principal
reason why it would be rash to expect tbe
growing cotton crop to exceed, or to
reckon with absolute confidence on its
equaling tbe preceding crop. Ami, in tbe
nature of tilings, this shrinkage of agricul
tural labor, at about tbe same rate, must
go oil from year to year as long as the bulk
of its supply is confined to the freedman
population. It is true that Chinese labor
ers may gradually fill up tbe place in
Bout hern agriculture vacated by tbe freed
lnen ; it is equally true that white labor,
eitiier native or immigrant, may succeed
at length, by close and scientific tillage,
in making, from much smaller surface, a
great deal more cotton than is now pro
duced. But th *se are remote contingen
cies which cannot be counted as factors in
determing the actual conditions of South
ern cotton production and the Immediate
prospect of the cotton market as it may be
affected by those conditions. For piresent
purposes of commercial calculations, it is
safe to assume that the crop of last year
touched the highest tidal mark of produc
tion in the pending industrial situation,
and that the crop of this year cannot, pos
sibly, exceed it, and will, probably, fall
below it.
And, on the other baud, it would be
quite absurd to construe the stateof tilings
above indicated as signifying an absolute
limitation to the growth of American
cotton in the impending future. The pas
simist view of any matter is usually the
utisoundest and most pernicious of all.
I’lie opinion that the magniliceut cotton
belt of the South is gradually to sink into
insignificance with reference to the pro
duction of this great staple, is noexcep
tiou to the remark. The waste of war, iu
spite of many needless obstructions, clear
beads, stout and hopeful hearts, andskiil
lui and diligent hands are gradually aud
surely repairing; railroads will soon be
traversing the Boutli in every direction,
leaving uo productive region, however in
terior or remote, without speedy access to
market, aud, eventually, the needed la
bor, attracted by assurance of profit, and
facilitated by abundant and rapid means
of transportation, will be had.
LETTER FROM WILKINSON.
Irwinton, June 23, 1869.
Mr. Editor: —After a silence of some
months, I again resume the subject of
affairs in this county. The most import
ant and interesting item to the public is
the subject of
THE CHOI'S,
which are now looking well. Under the
stimulating effects of fertilizers, labor and
fine weather, cotton is doing extremely
well; aud if it meets with no drawback
from worms, etc., we can safely predict a
large yield. Corn needs rain, but is not
damaged, and if seasonable weather sets
in, will make a fair average cropi.
COURT HOUSE.
Sherman’s bummers, in passing through
Irwiuton during the war, destroyed the
Court House, and since that time various
buildings have been improvised Temples
of Justice, which has been a great incon
venience to bench, bar aud spectators;
but. owing to the fact that the bridges and
other public works were destroyed and
had to be replaced, tbe county has not
been in a condition to build anew Court
House until recently. The building was
resolved upon about two months ago, and
llie contract given to those enterprising
architects and mechanics, Messrs, P.
Ward & Bon. The walls of the building,
which are of brick, were liuished to day,
aud tbe work is sufficiently advanced to
see that it will be convenient, commo
dious, ami an ornament to Irwinton. Tbe
building will be 40 by 60 feet; 30 feet from
the ground to tbe eaves; the roof will be
a patent truss, covered witii tin—the
whole surmounted by a beautiful cupola.
The ground lloor of tbe building will be
divided into six rooms for jurors aud
county ofiiceis; the upper story will be
the court room, 40 by 60 feet. Forty large
windows will light ttie building. The
carpenter’s work wifi be executed hy that
finished and energetic workman, Mr.
Thus. Hackett, of your city. The cost of
tlie work I did uot ascertain, but it will be
near $12,000.
amusing incident.
While the Rev. Mr. Hughes, pastor of
the Baptist Church at Hus place, was
conferring the ordinance of baptism upon
young ladies on Sunday last, an Irish
man aud staunch Catholic, who had never
seen tlie ceremony of baptism performed,
attracted by the crowd, drew near the
pool, ignorant of what was going on. He
liad approached within a few paces of the
baptismal font, when the pastor, after re
peating the usual formula, submerged one
of the ladies. Pat, thinking it an execu
tion, rushed frantically to the rescue, vo
ciferating loudly, “She's drowuing ! she’s
drowning!” The spectators held him
back, the lady was brought out, aud the
matter whisperingly explained to Pat,
wlin departed a wiser and sadder man.
More anon. Tiirasybulus.
T\\ ItJliS COUNTY CROPS.
Correspondence of Journal aud Messenger.
Mr. Editor: T notice in your Daily, of
loti) iustar.t, several accounts of growing
cropsin different localities of the Sta e. I,
therefore, as one of t lie oldest citizens born
iu this county, aud disinterested as to
facts slated by others, send you an account
of the prospects of my native coirnty.
Our crops are. all things considered, re
markably line—both corn and cotton.
No section is materially suffering With
drought, or from too much rain. Our
farmers are largely in for cotton; laud
mostly sub-soiled and a portion highly
fertilized. Our yield, if no disaster when
crops are gathered, will tell out one fourth
over an average crop, taking the last ten
to fifteen years past. iu cotton. Our corn
patches look pretty well, but cannot yield
to planters more than one fourth support
as a whole. Our stock is mostly killed out
by freedmen and bad white men, who
deal in night time in unison, as everybody
must have something to eat.
Whatever may be true of our locality,
may be equally true of others If so, the
result I hold as inevitable—that is, a short
price for cotton next winter, and a long
price for provisions to carry on our farms
next spring aud summer. We now raise
a warning voice to planters to lay up pro
visions for winter aud spring supplies;
sell your cotton now to responsible parties
for the same, aud don’t wait for forty
cents for cotton. In my judgmeut it is a
delusion, so to calculate, aud will so con
vince you wheu too. late.
Yours, etc., Observer.
A lady recently ordered a trousseau at
Stewart’s store, in New York, for her
daughter's doll, which received a complete
outfit in underclothing, silk aud lace.
. Among the articles ordered was an India
. shawl, miniature size, at S3O, and a lace
handkerchief at sl2.
- • ■ > : W‘.
Vi ta sine Xj iter is JVC or s est
0 i
STATE NEWS.
Horrible. —A Yankee mulatto school
marm was brought up before B. D. Smith,
Notary Public, yesterday, charged with
being a procuress for a Yankee Doctor,
| named Blackwell. lier name is Dellman
She i9 changed by a negro man, who sent
j his daughter to her, at her house, near the
Race Track, with having induced him to
let her take care of his daughter, during
I the absence of his wife, and aiding anl
abetting this Y’ankee Doctor in outraging
: the person of bis daughter, only about
eleven years of age. She denies tbe alle
gation and denounces it as a conspiracy to
injure her. She waived an examination
and gave bond in the sum of SSOO, for her
appearance at the next Superior Court,
when she will demand atrial. Blackwell
had uot been arrested. Another Ku-Klux
outrage for Bullock’s Slander Mill.—At
lanta Constitution, 21 at.
Commencement exercises of Monroe
Female College will be inaugurated on
Friday, July 2d. On Sunday, July 4th,
Rev. George R. McCall, of Hawkiusville,
will preach the commencement sermon.
On the evening of tlie sth, tbe aunual
concert will be given. The literary ad
dress will lie delivered hy Hon. Cinein
natus Peeples, of Gridin, on the 7th, after
which Col. A. D. Hammond, of Forsyth,
will deliver an address befoie the Aluui
niean Association. The whole affair prom
ises to be of unusual interest, and will re
flect much credit upop both faculty and
students.
Horse Thieves.—We learn that several
of our citizens have lately been troubled by
these rascals, and iu one instance a fine
mule was lost. We suggest the organiza
tion of a secret police force, and a speedy
punishment of tlie thieves if caught.
[ Monroe Advertiser, 22 d.
Bale of Cedar Valley Lands.— Mr.
Editor: —We have just heard, from au
theutic sources, that Mr. Wm. Peek, liv
ing two miles from Cedartown, in Polk
county, has sold two huudred aud fifty
acres of his home tract, with very indif
ferent improvements on it, for twenty-five
thousand dollars, or one hundred dollars
per acre, and that he was negotiating witii
another party for the sale of an additional
two hundred and fifty acres, of the same
place, without improvements, at eighty
dollars pier acre. These are the highest
prices we have heard of any farming
lauds selling for in Georgia.
f Rome Courier, 22d.
Tiie Legislature—That Proclama
tion. — If Governor Bullock wants to call
au extra session of the Legislature, why
don’t he do so? This tiling of writing a
Proclamation, convening tbe Legislature,
aud then laying it un to dry, is not exact
ly the clean tiling—out with it, Governor.
Bea man—be hold. What if they do im
peach you ? Your betters have expe
rienced a worse fate and yon ought not to
grumble. Take courage, old chap, and
let slip that proclamation. Your thirteen
hungry Democratic organs are exceeding
ly anxious to proclaim. —Atlanta Era, 22 d.
Dead Infant Found.- On Sunday af
ternoon last, about half-past three o’clock,
as a number of young boys were passing
along tbe west side of the Ogeechee canal,
near tlie water works, one of them discov
ered a square box containing the dead
body of a white infant, which appeared to
have been a few months old, and was in a
slate of decomposition.
[Savannah Republican, 22 d. *
Farming to Profit. —A friend of ours
residing time miles from Bandersville,
ran four plows, last year, working two
hands to tlie plow." From the labor of the
eight bands and four plows lie produced a
crop wortli $6,350. His expenses for hire
of hands, provisions, guano, etc., amount
ed to s3,ooo—leaving a clear profit of
$3,350. This is uo guess work, but au ac
curate statement made to us in pierson by
Mr. , who did not know that we in
tended publishing it. To this account
could lie added hundreds of bushels of
peas, which could not be gathered for
want of time to pick them, but which will
come up tlie next fall iu tlie pork account
Mr. ’s land is no better, except as
he has made it so, than thousands of acres
in the county. But lie plants what lie
cultivates and cultivates what he plants.
His corn crib is not located in Nashville,
his smoke-house in Cincinnati, or his hay
loft in Pennsylvania. His horses are able
to work, aud they do it. If anybody
has done better, we should like to see the
figures. —Central Georgian, 22 d.
Maj. A. L. Roughton, of Riddleville,
has laid upon our table a red onion, meas
uring twelve inches iu circumference, and
weighing one and-a-quarter pounds. The
same onion produced five good sound but
tons.
The mode of cultivation is this : Pre
pare your land well. Layoff your rows
thirty inches apart, running two furrows
together. Put in a good supply of stable
manure, cotton seed or guano. Throw
two furrows upon it and plant 1$ inches
deep and 8 inches in the drill. Plaut in
September or October.— lbid.
Shooting Scrape.—A difficulty oc
curred in Wilkinson couuty, on the 14th
iust., between a Mr. Green, ids sons aud a
negro, and a Mr. White. White had been
actiug as the next friend of Miss Emily
Smith in prosecuting the Greens for pull
ing down tier smoke-house. The parties
first named attacked White in the road,
firing ten shots at him, wounding him in
the left hip and killing his horse. White
fired four shots, doing no damage.— lbid.
A negro mau struck a white hoy oti the
head with a piece of board, in Wilkinson
county last week, fracturing the skull.—
The boy’s name is Stubbs. The negro is
in Milledgeville jail for safe keeping.—
[lbid.
The report from the farming interests of
the county are very favorable. A farmer
told us on yesterday that in some portions
of the county he had not seen such crops
for thirty years. Freedmen are working
well. — Ibid.
Air Line Railroad —The engineer
corps of this road, with Col. B. Y. Sage at
their head, passed through our town on
Wednesday last. They are now engaged
in running the line from this place by
way of Homer and Caruesville to Green
ville, S. C. The work of surveying lis
being pushed forward with all possible
dispatch, preparatory to placing additional
sections of the road under contract. Mr.
Garner, the agent of the company, accom
panies the corps, and is eugaged iu pro
curing subscriptions of stock to the road,
aud in asking deeds to the right of way.
Air-Line Eagle , 18/A.
Caught.—A man named Mattox* alias
Rhodes, killed an old man in Cherokee
county, Gt-orgia, whose daughter he tiad
seduced not long since. He was arrested
the other day in Montgomery. Alabama,
and has been turned over to ttie Sheriff of
that county. — AUanta Constitution , 2 2d.
First Sale of New Wheat.—Mr. J.
J. Cohen bought the first crop—about 150
bushels—of new wheat, in this markei,
last Tuesday, at $1 67}. The wheat was
raised on the farm of Col. W. S. Cothran,
mar this city. —Rome Courier, 2Ath.
Death of Major Phillip C. Pendle
ton.—ln our issue of Friday last we no
ticed the fact that Major P. C. Pendleton,
editor of the Valdosta Times, had sus
tained severe injuries by being thrown
from his buggy, while riding in the vi
cinity of bis home. As the account of the
accident which we copied from the Times
stated that strong hopes were enteitained
of a speedy recovery, we were eutirely un
prepared for the shocking intelligence of
his death, which reached us yesterday.
From letters received by relatives in this
city from members of his family, we are
pained to learn that Major Pendletou
died ou Saturday last, having remained
unconscious from the time he received the
injury to the hour of his death.
In the death of Major Pendleton the
State loses a useful aud honored citizen,
and society an exemplary and valued
member, while the family are bereaved of
an affectionate husband and parent. It
had beeu our privilege to enjoy relations
of warm personal friendship with the de
ceased during the past twenty five years,
in all of which time we never discovereda
trait iu his character inconsistent with
that of the true mau aud high-toned Chris
tian gentleman. A sincere frieud. an ar
dent patriot, generous, conscientious and
brave, modest und unassuming, amiable in
disposition, ami cultivated in his tastes, he
enjoyed, in an extraordinary degree, the
respect and confidence of all who came
within the circle of his acquaintance.
[Savanna/t News, 24 th.
MACON. GA.. TUESDAY, JUNE 29. 1569-
DEll-lO*- OF THE SUPREME COURT OF
GEORGIA.
Delivered at Atlanta, Tuesday. Just 33.
Reported Expressly for the Constitution, by
N. J. Hammond, Supreme Court Re
\ porter . *
Tuesday, June 15,1869.
Rich’d W. White, plaintiff in error, from
Chatham, vs. The Btate of Georgia, ex.
rel., W. J. Ciemants, defendant.
In »aid case the Court were uuaninnous
in reversing the judgment below, but
agreed to do so upou different grounds.
Tbe judgment of the full Bench, and of
tbe majority, are given below. The rea
sons why each of them held his particular
views, were stated at great leugtli by each,
but they are, of course, subject to any
changes which the several judges may
make in writing out their opinions, and
we cannot give them now.
MeCay delivered the opinion. (By the
whole Court): When there was a quo
warranto, and a demurrer, and, also au
answer denying a material fact, and a jury
summoned to try the issue, and the de
fendant called up tiie demurrer, and n# ob
jection was made to the hearing of it at
that time, and the demurrer was bear I, as
a distinct motion, and a distinct judgment
was had thereon before the issue waspra*
seated to the jury: Held, that iu the
gumenton the demurrer tbe defeudar t had
the right to open aud conclude. jjL < j
2. The statements of a register of voretS, 1
that he had marked a registered person's
name with a “c,” to demonstrate that he
was a colored person, and had posted his
lists, for some time, iu a public place, and
that no application had been made to have
the said letter “c” erased, is not evidence
that tiie person is a colored person, (it not
being shown that the person knows of the
entry, and that it was the subject of con
versation.)
3. Although a copy of a paper, proveb
to be beyond the jurisdiction of the Court,
y good secondary evidence of its contents,
>-t it must be sliowu that the original wa9
duly executed.
4. An application for a Life Insurance,
though signed by tiie applicant, upon tbe
back of which was au entry, by tbe exam
ining physician, that the applicant was a
mulatto, is uo evidence of the fact, uuless
it be proven, that tlie person signed the
piper, after tbe entry on the back was
made by the physician, and with the
knowledge of the entry, aud with intent
to adopt it, or that he used the p iper after
tlie entry was made with a knowledge that
such entry was there.
5. Tbe statement by an examining phy
sician, that he had at a certain time ex
amined a person, and had then been of
opinion that the persou was a mulatto is
not evidence. If the physician is an ex
pert, he must give his present opinion,
and if not, lie must state the facts ou which
he bases his opinion.
6. Whether or not a person is colored—
that is, has African blood iu his veins—is
matter of opinion, anil a witness may give
his opinion, if he state the facts on which
it is tiased. Whether tlie fact thatone lias
one eighth of such blood, be matter of
opinion. Query?
7. One who testifies that he has studied
Ethnology, may give his opinion as an
expert ou a question of race.
8 Pedigree, relationship and race may
be kuown by evidence of reputation
among those who know tiie person, where
pedigree or race is in question.
9 By a majority of the Court—Warner
dissenting. Where a quo warranto was
issued charging that a person holding an
office was ineligible when chosen, because
of his having in liis veins one-eighth "or
more of African blood, and there was
a demurrer to the information, as well
as an answer denying the fact, upon
which denial there was an issue, and a
trial before a jury. Held: That, by
the Code of Georgia, a person having
one-eighth or more of African blood
in his veins is not ineligible to office in
this State; and it was error in the Court
to overrule the decision, and to charge the
jury, that if tiie plaintiff proved tiie de
fendant to have one-eighth or more of
African blood, lie was ineligible to office
in this State.
A. W. Btone, Jas. Johnson, A. T. Aker
man, for plaintiff iu error.
T. E. Lloyd, Julian Hartridge, for de
fendant in error.
Early Varner, plaintiff in error, vs. Ben
jamin Wooten, defendant in error.
Rule, etc., from Randolph.
Brown, C. J.
1. A Deputy Sheriff is liable to rule for
failing or refusing to pay over money col
lected by him. But he is subject to tbe
control of tbe Sheriff; and if he collects
money on a fi. fa. aud pays it over to the
Sheriff whose deputy he is, he is not liable
to rule at the instance of the plaintiff in fi.
fa. after such payment. In such case the
plaintiff must pursue his remedies agaiust
the Sheriff.
Judgment reversed.
B. B. Worrill, represented by A. Hood,
for plaintiff in error.
W. D. Kiddoo, for defendant in error.
James Powell, plaintiff in error, vs.
Beverly D. Parker and The •Couth west
ern Railroad Company, defendants iu
error. Equity, from Randolph.
Brown, C. J.
1. An injunction will not be granted for
fraud unless (lie bill sets forth the specific
acts of fraud upon which it is sought—a
general allegation of fraud is sufiicieut.
2. An injunction will be granted to re
strain the sale, by defendant of his rail
road stock, and the drawing of the divi
dends by him; on the ground that com
plainant holds his covenant of warranty
of title to a lot of land, the title of which
is in dispute in an action of ejectment,
when the hill shows that the railroad
stock and other property of the defendant,
is of much greater value than the sum for
which he may become liable ou his war
ranty, and there is no charge that he is
beyond the jurisdiction of the Court, or
that he is insolvent, and no other sufficient
equitable ground is stated iu the bill.
8. When the Chancellor, on the bill
being presented to him, ordered that the
defendants show cause, ou a day appoint
ed, why an injunction should not be
granted, and that, in the mean time, the
defendants be enjoined, till the further
order of the Court; and ou the bearing,
the Judge having refused the injunction,
held : That the temporary injunction ex
pired of its own limitation when the in
junction was refused at the hearing, and
that no vitality could be given to it pend
ing the proceedings in this Court, by bond
given by complainant, which is claimed
to operate as a supercedeas of the judg
ment refusing the injunction.
Judgment affirmed.
\V. A. Hawkins for plaintiff in error.
West Harris, A. Hood, for defendant in
error.
Alexander & Howell, plaintiffs in error,
vs. Edmoud Glenn et al., defendant in
li. fa., aud Sarah Glenn, claimant.
Claim case from Early.
Brown, C. J.
1. The owner of a plantation employed
freedmen to cultivate it for part of the j
crop, and agreed to furnish provisions, j
but being unable to do so, applied to plain
tiffs t > furnish them to prevent a failure
of the crops, stating that any arrangement
they might make with the freedmen to j
secure the same upon tlie growing crop '
would lie satisfactory to her: Held, that it
was error iu the Court to refuse to permit
plaintiffs to give these facts iu evidence
on the trial. !
2. Where the evidence shows that it was
the intention of the parties to create a lien
ou the growing crop, uuder the act of 1866, :
for provisions furnished to make the crop; j
as the statute prescribes no form ; the j
words “sell, mortgage aud convey,” are :
sufficient for that purpose.
Judgment reversed.
J. E. Brown, Fielder & Powell, T. F.
Jones, for plaintiffs in error.
A. Hood, Richard Simms, for defendant
in error.
Nick Hightower, plaintiff in error, vs.
Jesse Williams, defendant in error.
Ejectment from Early.
Brown, C. J.
1. A deed which has not been recorded
can not be given in evidence as color of
title without proof of its execution.
2. When both parties derive their title
from the same person, plaintiff in eject
ment need not show title into such person.
3. In a proceeding to foreclose a mort
gage on real estate, the Superior Court of
the county where the land lies, has juris
diction of the subject matter, and a pur
j chaser at Sheriff’s sale, uuder a judgment
of foreclosure, now claimed to have been
without service, will be protected, when
the rule absolute shows upon its face that
j * copy of the rule nisi was served upon the
i mortgagor according to law.
I 4. When service of the rule was acknowl
edged by a general agent of the mortgagor,
who now testifies that he was not specially
authorized to ackaowledge service of the
i rule; and it appears in evidence that the
plaintiff in ejectment held the mortgaged
premises under the mortgagor, by deed
younger than the mortgage; and that he
was In Court when the rule absolute of
, foreclosure was taken, and made no objec
j tion to the judgment of foreclosure, it is
| not void as to him ; and he will not he per
mitted to attack it collaiteraliy for wautof
, service in action of ejectment against the
purchaser at Sheriff’s sale, of the mort
gaged premises.
Judgment reversed.
Hood A Kiddoo, for plaintiff in error.
Fielder A Powell, for defendant in error.
James J. Waring, plaintiff in error, vs.
The Georgia Medical Society, defendant
in error. Mandamus from Chatham.
Brown, C. J.
1. When a voluntary society applies for
a charter aud is incorporated to promote
i* objects; the acceptance of the charter
subjects it to tbe supervision of the
proper togal authorities having juristic
tion in such cases.
2. The Georgia Medical Society is a pri
vate civil corporation, and the corporators
have a property iu the franchise of which
they can not be deprived without due pro
cess of law.
3. The ninth by-law of ibis corporation
is a legal aud proper one, iu view of tbe
objects of the Society ; but tbe Society has
not an uncoutrolable discretion in its con
struction and enforcement. When a proper
case is made the Courts are to coustrue it,
and judge of tbe legality of tbe action of
the Society uuder it.
4. Tlie superior Court of Chatham coun
ty, where this corporation is located, has
the visitorial power over it, with author
ity to redress any wrongs which the cor
poration may inflict upou its members.
5. Where a corporator lias a clear legal
right which has beeu violated by the cor
poration, and be has no other adequate
legal remedy, he is entitled to relief by
mandamus.
6. The record in this case shows that
the society censured Dr. Waring for do
jng that which the law uot. only author
izes hut encourages; and the return to
the mandamus nisi shows no sufficient
cause for bis expulsion. He is therefore
eutitled to a peremptory mandamus, com
manding and compelling the Society, to
restore him to all his rights and priv
ileges as a corporator.
Judgment reversed.
Hartridge and Chisolm, for plaintiff iu
error.
Thos. E. Loyd, Jackson, Lawton &
Bassinger, for defendant in error.
8. H. Mims, plaintiff in e.ror, vs. Tlie
Btate of Georgia, defendant in error.
Vagrancy from Early.
Brown, C. J.
The evidence in this case was clearly in
sufficient to support the verdict; and the
judgment is therefore reversed, aud anew
trial granted.
J. K. Appling, A. Hood, for piaintiffin
error. 8. Wise Parker, Solicitor General,
for the State.
8. H. Hawkins, piaintiffin error, vs. E. B.
Loyless, defendant in error. Motion to
enforce attorney’s lien, from Webster.
Mcb'AY, J.
The lien of an attorney for fees, on papers
iu his hands, and on the judgments he has
obtained for his client does not operate so
as to prevent a bona fide settlement bv the
defendant with the plaintiff in full,"pro
vided there was no notice to the defendant
not to pay without reserving the fees; aud
provided, also, the settlement was not
made with intent to defeat the attorney in
collecting his fees.
Judgment affirmed.
C. T. Goode, 8. H. Hawkins, for plaintiff
iu error.
M. Blanford, W. A. Hawkins, for de->
feudaut iu error.
Wm. H. Chappell, adm’r, piaintiffin error,
vs. Wm. 8. Adkiu, defendant in error.
Equity, from Webster.
Warner, J.
When a bill was filed against an execu
tor by a creditor, praying for an injunc
tion aud the appointment of a receiver,
alledging that the executor was insolvent,
unmarried, extravagant, engaged in no
settled business, and intending soon to re
move to Honduras, and was badly manag
ing his own business, as wel! as that of
his testatrix, that he said he would sell
the property of his testatrix, realize the
money, and leave without paying any of
the debts of the estate: Held, that the
Court below erred in dismissing the com
plainant’s bill upon demurrer thereto for
want of equity.
Judgment reversed.
J. L. Wimberly, 8. H, Hawkins, for
plaintiff in error.
Blandiord & Miller, for defendant in
error.
Alexander & Howell, piaintiffin error, vs.
Wm. C. Smith. defendant in error.
Warner, J.
Wnen, upon the trial of a cause, a mort
gage deed, which had been recorded, was
offered in evidence, aud was objected to
on the ground that it did not appear to
have been stamped, and the party offering
the mortgage deed, proved that the deed
had been stamped according to law : Held,
that the Court should have submitted the
question of faet to the jury, under the evi
dence whether the deed had been stamped
or not, as required by law, under the
charge of the Court upon that point.
Held, also, that when the deed, show
ing a settlement between the parties, was
offered in evidence, the Courtshould have
left the que-tion to the jury as to whether
the deed was delivered or not, under the
evidence contained in the record, and
have charged the jury as t > the law appli
cable to that point in the case. When
there is evidence as to the delivery of a
deed, it is a question of fact for the jury
and not for the Court to decide upon the
fact, whether there has been a delivery of
the deed.
Held, further, that where an instrument
is olfered in evidence, required by law to
be stamped, and, by the act of one of the
parties, the stamp is prevented from being
put on the deed, the parly so preventing
shall not be held objecting thereto ; but if
the Court shall be satisfied that there was
no intention to defraud the Government
of its revenue, the Court may, in such a
case, allow the proper s:amps to be placed
on the instrument, at the time of the trial.
Judgment reversed.
J. C. Bower, Fielder & Powell, T. E.
Joues, for plaintitTs in error.
A. Hood, Richard Simms, for defendant
in error.
Henry R. 8. Long, plaintiff in error, vs.
Edward McDonald, defendant in erior.
Complainant from Early.
Warner, J.
I. When a suit was instituted in the
county of Early, agaiust L. and P. alleg
ing that they were partners, L. residing
in the county of Clark, and a short time
before the session of the Court in Early,
at which the case was tried ; P. died, the
defendant’s counsel moved to continue the
case as to L., the alleged surviving part
ner, upon the ground that the partnership
was denied, and that the survivor, L., had
relied upon the evidence of P., the dece
dent, to disprove the alleged partnership ;
but in consequence of the sudden and un
expected death of P., there had not been
time to procure the evidence of L., the
other partner, who lived in the county of
j Clark, to disprove the alleged partoer
; ship: Held, that the Court erred in over
ruling the motion for a continuance upon
the showing made therefor as stated in
j the record.
2- When one of two contracting part
ners is dead, the plaintiff cannot bs a wit
ness against the surviving partner to
; prove a contract made with the deceased
! partner.
3. A plea denying the existence of a
i partnership is a plea in bar, and although
sworn to, is not a dilatory plea, which is
required to be filed at the first term of the
Court. Judgment reversed
J. C. Rutherford, J. E. Brown, L. J.
Glenn, for defendant in error.
W. D. Kiddoo, for defendant in error.
Charlotte Scott, plaintiff in error, vs. The
State of Georgia, defendant iu error.
Indictment for adultery aud fornica
tion. From Dougherty
Brown, C. J.
L The Code of Georgia, adopted by the
new Constitution, forever prohibits the
marriage relation between white persous
and per-ous of African descent, and de
clares such marriages null and void.
2. This section of the Code is not re
pealed by, nor is it inconsistent with that
part of the Constitution which declares
that “ The social status of the citizen shall
never be the subject of legislation ” That
clause of the Constitution absolutely de
nies to the Legislature the power to pass
laws in future regulating the social status
or compeliiug the two races to unite in
social intercourse. As the laws then iu
existence allowed churches, for Distance,
to determiue for themselves who should
occupy their seats, and where they should
sit, and permitted railrotds and steam
boat companies aud hotel keepers to clas
sify and assign places to those using tbeir
accommodations, according to social
status ami grade, as they might think
proper, the Constitution puts it beyomi
the power of the Legislature ever to enact
auy law compelling them to makediffer
ent classifications, or to group together in
social intercourse those who do uot recog- I
nize each other as social equals.
As the social relations of oitizens are
not tbe proper subjects of legislation, the i
Constituiiaa has \ isciy put the matter at
rest, by denying to the Legislature the
power to repeal or enact laws on the sub
ject.
Judgment affirmed.
H. Morgan for plaintiff in error.
R. H. Whitely, Solicitor General for the i
State.
James C. A J. C. Denham, plaintiffs in
error, vs. J. J. Williams, defendant iu 1
error—Claim from Mitchell couuty.
Brown, C. J.
I. When the affidavit to foreclose a
mortgage is Riade by an attorney, the re- !
cilal in it that he is attorney-at-law for
tlie mortgagee is sufficient.
2. An affidavit to foreclose a mortgage
on personal property in Mitchell county,
made before a Justice of the Inferior
Court of Dougherty county, on the 24th
day of October, 1866, and the order of fore
closure issued upon the affidavit by the
Judge of the County Court of Mitchell
county, on the 29th of October, 1866, is a
legal proceeding. At that time the Jus
tice of the Inferior Court had the right to
administer the oath, aud the County
Judge had the right to issue the order.
3. A mortgagee, whose mortgage covers
property in Georgia and iu Tennessee,
cauuot be compelled by a junior mort
gagee, whose mortgage covers part of the
same property in Georgia, to go out of the
jurisdiction of the Court into another
Btate, and pursue his remedy first against
the property in Tennessee.
4. A hen there is a dispute between
mortgagor and mortgagee as to their re
spective rights under the mortgage, and
the mortgagee files his bill, ami pending
the proceeding in Equity, they agree to
refer the whole questiou in dispute to arid
tration, and an award is rendered, and, by
consent of both parties, made the judg
ment of the Court, the judgment is prirna
facie correct, and a junior mortgagee not a
to the judgment, who alleges that it
operates as a fraud upon him, will be held
to proof of actual fraud. When no fraud
ulent inteut is shown, the simple fact that
the senior mortgagee, whose mortgage
covered a growing crop and other prop
erty, was required by the award andjudg
meut to pay, and did pay, a certaiu sum
of money to the mortgagor, is not suffi
cient evidence of fraud upon the rights of
the junior mortgagee, whose mortgage
covered ouly the growing crop, to justify
the jury in finding for the junior mort
gagee.
Judgment reversed.
Vason & Davis for plaintiffs in error.
HiDes & Hobbs for defendant iu error.
Flagg & Fish, plaintiff's in error, vs. John
W. Johnston,'defendant in error. Fore
closure of mortgage, from Dougherty.
Brown, C. J.
I. When a mortgage made to Thomas
W. Willingham, his heirs and assigns,
was transferred by Willingham, by writ
ten assignment, to John W. Johnston as
administrator of Green D. Bharke, de
ceased, such assignment, if properly
stamped, conveyed the mortgage to the
estate, and it became assets in the hands
of the administrator; and the proceedings
to foreclose it must be in the name of said
Johnston as administrator, and not iu his
individual character.
Judgment reversed.
H. Morgan for piaintiffin error.
Hiues & Hobbs for defendant in error.
John Doe, ex. dem., Beuj. F. Tuggle vs.
Richard Roe, cas. ejr.,aud John H, Me-
Math and John Teal, tenants. Eject
ment from Bumter.
Brown, C. J.
A graut issued to Isaac O. Holland, or
phan. It appeared by parol that there
was no such person as Isaac O. Holland,
orphan, in the district at the time of giv
ing in for draws ; but that Isaac O. Hol
land’s orphan, Mary Holland, was in the
district and did give in for a draw. Held:
That parol evidence of these facts may be
given to the jury, not to prove a mistake
in the name of the grantee, but to give
effect to the grant by indeutifyiug the
persou intended as the grantee.
Judgment reversed.
J. J. Scarborough by 8. H. Hawkins
and Richard H. Clark, for plaintiff in
error.
W. A. Hawkins, for defendants in
error.
Wm. E. Smith, piaintiffin error, vs. Geo.
M. Lawton, defendant in error. Gar
nishment, from Dougherty.
Warner, J.
Where an attachment had been sued
out in favor of the plaintiff, against a de
fendant, who was afterwards declared a
bankrupt, and a motion was made to
make the Assignee of said bankrupt a
party plaintilf in the attachment suit, in
the place and stead of the original plain
tifTin attachment, which motion was re
fused by the Court: Held, that there was
no error in the judgment of the Court be
low iu refusing to allow the Assignee of
the bankrupt to be made a party plaintiff
in the attachment suit.
Judgment affirmed.
Strozier & Smith and D. A. Vason for
piaintiffin error.
Wright & Warren, Hines & Hobbs for
defendant in error.
Frank P. Smith, plaintiff in error, vs.
Hamlin J. Cook, defendant iu error.
Contempt, from Baker.
Warner, J.
Where & defendant had been enjoined
from removing aud disposing of certaiu
cotton, which had been placed in the
hands of a Receiver, appointed by the
court, and afterward, the defendant was
declared a bankrupt, and it appeared from
the evidence that the defendant told the
agent of the Receiver, who had the cotton
in pesses9ion, that the plaintiff’s injunc- j
tion had been settled or disposed of, and
that he had turned over four bales of said
cottou to his counsel in bankruptcy ;|
when, in fact, the injunction had not biin
settled or disposed of, but the complainant .
in the injunction bill was still claimii g
the cotton under a mortgage lieu ; an i
when the defendant’s counsel in bank
ruptcy, with the assent of the defendant,
took possession of said four bales of cotton
for his fees to take the defendant through
the bankrupt court, and had sold the
same: Held, that this court will not con
trol the discretion of the court below upon
the state of facts disclosed by the record,
in holding that the defendant had violated
the injunction, and was in contempt of
the order and process of the court.
Judgment affirmed.
Vason <fe Davis for plaintiff in error.
Btrozer & Bmith for defendant in error.
Mason Tiller, plaintiff in error, vs. D.
Bpradley, agent for Green J. Jordan.
Motion for new trial, from Lee.
Warner, J.
Where a note was given to the plaintiff
for two hundred and twenty-five dollars,
for cotton seed for Green J. Jordan’s plan
tation, and signed J. Spradley, agent for
Green J. Jordan : Held, that this was a
contract of Jordan, the principal, and not
the contract of Bpradley, the agent, the
more especially as the evidence in the re
cord discloses the fact, that the agency was
made known to the payee of the note at
the time it was given, and that the cotton
seed was purchased for Jordan, aud uot for
Spradley.the ageot. The suit should have
been brought agaiust Jordan, and not
agaiust Spradley, the agent; and the fact
that Jordan filed a plea in the case as a
defendant, alleging that the cotton seed
was worthless, did not uecessarily make
him a party to the original suit agaiust
i Spradley. and there was no error lu the
court below in refusing the order to make
him a party, inasmuch as Jordan was uot
named as a defendant in tlie original suit,
and not beiug named a defendant in the
original suit, the tiling of his plea did not
make him a defendant where no process
was prayed against him as such. The ver
dict in favor of the defendant Spradley was
right uuder the law and the facts of the
case, and there was uo error in the oourt
below iu refusing the motion for anew
trial.
Judgmeut affirmed.
C. B. Wooten, W. A. Hawkins, D. A.
Vasou for plaintiff in error.
Geo. Kimbrough, F. A. West, by G. J.
Wright, for defendant in error.
Isaac E. Bower, administrator, etc., vs.
Hamlin J. Cook. Motion to dismiss bill
of exceptions from Dougherty couuty.
MoCay, J.
1. An order of the Judge of the Superior
Court directing process to issue for the
seizure and sale of the property claimed
to he subject to a lieu, under what is called
the “Bit-.uni-oat law,” is not such a judg
ment or decision of the Judge, as may be
excepted to, and brought by bill of excep
tions to this Court.
Case dismissed.
Hines A Hobbs, aud B. B. Bower, for
plaintiff in error.
D. A. Yason, R. Lyon, for defendant iu
error.
Jake Collier, vs. The State. Assault with
iuteut to murder, from Dougherty coun
ty-
McCay, J.
1. The charge of the Court, uuder the
facts of tliis case, was not an error.
2. If a man, shoot, with a pistol at
another, aud Hit him, tiie law presumes
prima facie, that he did it with malice.
Nordoes the proof tiiat tlie parties had beeu
friendly, and that tbe persou shooting ex
pressed regret immediately afterwards,
rebut tbe psesumptiou. One has no rigtit
to shoot at auother, with a loaded pistol,
in sport. If he does so, he is responsible
for the consequences, and tlie law will
imply malice, for the recklessness of the
act.
H. Morgan for plaintiff iu error.
It. H. Whitely, Solicitor General, de
fendant in error.
William Toler, et. al., plaintiff in error,
vs. E. W. Seabrook, administrator, etc.,
defendant in error. Motion to distri
bute money, from Dougherty.
McCay, J.
I. A landlord may collect his reut by a
distress warrant, even though the rent be
payable in specifics, the value of which is
not fixed by tbe contract.
2. When there is a contract for rent of
real estate, it is none the less a renting,
that it is agreed that the tenant may have
the use of the mules, tools, gin, aud other
personal pr>perty actually on the place,
forming part of the machinery for carry
ing on the farm, aud a distress warrant
will be for the whole sum agreed upon.
3. When there is no day fixed, for the
payment of rent, but it is payable in spe
cifics to be made ou the place, and it is
agreed that “it is to be first taken from
the same,” the rent is due in a reasonable
time after a sufficiency of the crop, alluded
to, to pay the rent, is gathered aud ready
for delivery.
4. Section 2263 of Irwin’s Code, protect
ing the crop against levy, under process
against the tenant, only applies where the
rent is a fractional part of the crop, aud
not where it is a fixed amount.
5. The lien of the landlord, for his rent,
upon the crop made, is superior to all oth
er ileus.
6. The liens, provided for by the act of
1866, in favor of landlords, factors, etc.,
upon crops and growing crops, attach
from the date of the agreement, and the
oldest taken is of the highest dignity.
Judgment adirmed.
Btrozer & Bmith, John A. Davis, for
plaintiff in error.
Hines & Hobbs fordefeudant iu error.
Juo. Doe, ex. dem. E. Granniss, vs. Rich
ard Roe aud Bamuel D. Irwin, tenant.
Ejectment, from Baker county.
McCay, J.
1. It is the presumption of law that an
officer has done his duty, and his official
acts will be presumed to have been done
rightly uutii the contrary is shown.
2. Where a deed, purporting to have
been attested by a magistrate, and duly
recorded thereupon, was offered iu evi
dence, circumstances, tending to show
that the magistrate’s name was affixed
subsequently to the execution of the deed,
are evidence for the Jury, and it is error in
the Court to withhold the deed, as not re
corded.
3. If theevidenee is pertinent, the Court
should leave it to the Jury, under his
charge as to the law.
Judgment reversed.
Vason & Davis for piaintiffin error.
8. D. Irwin for defendant in error.
IHI» BETTER.
And so we are not to have negroes mar
rying whites, negroes sitting by wdiites
in railroad cars, hotels, theatres, and
churches, and making themselves nuis
ances generally. The Bupreme Court
did much better with this decision than
they did with the other. We suppose the
people ought to be obliged to them for it.
Certainly the black draught of the one de
served some effort at antidote, at least.
But will not the majority of the Court
lose standing in the great National rule or
ruin party by this decision? Alas! if it
should so eventuate, for where then will
they fly for refuge ? We shall keep an
ear Northward so as to catch the first howl
from Greeley, the first screech from hyena
Forney. *
Americans in the Cuban Army.—A
Havana correspondent of the New York
Times, writing under date of June 12,
*ays that the number of Americans in the
Cuban army has been greatly exaggerated.
There are, perhaps, at a liberal estimate,
two hundred native Americans in tliefr
ranks. The Bpanish army contains about
twenty ; but very worthless Americans
most of them are. In all, about one thou
sand foreigners, from all climes, and of all
colors, excepting ouly the native Africans
brought here by slavers, belong to the Cu
ban army. The reports about eight or ten
thousand Americans are simple fabrica
tions.
The New Money.—The bank-note
companies are now printing their portion
of the fractional currency notes, viz: five,
ten, sis een, twenty-five, aud fifty-ceut
notes. These notes will be completed at
the Bureau of Engraving and Printing, as
soon as they reach the Department, Mr.
McCartee having everything in readiness
to go on with the work. It is thought
that the first lot of this currency will be
completed and handed over to the Treas
urer’s Bureau for distributing about the
23d. The first lot of new greenbacks, or
legal-tenders, will be ready for delivery
about the Ist of July.
Telegram Decision.— An important
legal question has just been decided in
Cincinnati in regard to telegraph compa
nies. They cannot exclude individuals
from the use of the wires at pleasure, when
they are willing to pay the usual rates.
H. L. Lewis obtained a verdict for $3,000
against the company for such refusal,
when he was seeking to dispatch for trad
ing purposes in competition with the com
pany itself.
Pay t s Forfeit. —The Charleston News
! says that the Columbia Canal property,
! purchased some time since by Senator
! Sprague, will in all probability* be put up
agaiu for sale, the Senator having failed to
comply with the terms of his contract,
which were, if we remember correctly, to
begin the erection of one or more manu
factories by the sth of July
—Mrs. Dr. Eliza J. Hall, of San Fran
cisco, has accomplished something worth
placing on record. She has invented and
patented a volcanic furnace for smelting
ores, which scientific men, like Charles
Haraszthy, say “will revolutionize the old
system of smelting ores altogether.”
VOL. LXL, NO. 15
FREE TUITIOY AT THE UNIVERSITY OF
AiEOHUIA.
We have received, and publish with
great pleasure, the following circular from
l‘rof. W. H. Waddell, the Secretary of the
faculty of the Uuiversity of Georgia:
FREE TUITION.
The Trustees having authorized the
Faculty to admit, without payment of
tuitiou fees, meritorious young men, of
limited means, they propane to increase
the numberof beneficiaries to fifty. There
are now, as such, in attendance at the
Uuiversity, under appointment of the
Faculty, twenty-seven studeuts. These
appointments are intended to Iw limited
to residents of the State, who are not
themselves, and whose pareuts are uot, iu
a situation to incur the expense of their
education at the University, without aid
Studeuts thus appoiuted stand, in all
respects, except expense, as others, en
joying equal privileges, and subject to (he
same laws. Asa remuneration to the
State, they will be expected to engage in
teaching in a public or private school, in
Georgia, for a term of years equal to the
time they may have enjoyed the advanta
ges of instruction at the uuiversity. The
term of appointment expires at the close
of the Collegiate year, with those who
fail to exhibit due diligeuce, but those
who give evidence of capacity and iudiis
try, will be permitted to remain until the
regular course is completed.
The applicant for sn appointment
should forward testimopl?* , « 'ifcood inoral
character, and of capacity to ! l.y the
instruction at the University; stating his
age (which must be at least sixteen,) and
his residence, with a full report of the
subjects that have been studied by him.
It must also be shown that neitherhe nor
his pareuts are able, without aid, to incur
the expense of his education.
Next session’there will be forty vacan
cies, which the Faculty will fill, by ap
pointment, ou the 6lh of August. Only
one will be appointed from a county.
There are no vacancies iu the following
counties: Bibb, Clarke,Cobb, Fulton,Jef
ferson, Monroe, Rabun, Richmond,Union.
Applications should be addressed to the
Corresponding Secretary, and forwarded
prior to August 6th.
CANDIDATES FOB THE MINISTRY.
Young men who design to enter the
ministry of any denomination whatsoever,
are admitted to the privileges of the I 'Di
versity without the payment of tuitiou
fees, upon presenting proper letters from
the authorities of the Church to which
they are attached; provided they are iu
need of this aid to complete their educa
tion.
“PLENTY OF COHN \\ ILL UK MIDI
So we hear from every portion of the
State. We have hoard that song b tfore,
and it was that of a syren, whose falsity
all cauie to acknowledge after awhile It
is repeated, this season, witla milled cm
pbasis. Let us hope, at least, that it may
be truer than heretofore.
But now and then we feel certain that
It is not a great deal truer than heretofore.
We heard of a man, yesterday, who wn
working ten hands, and had ouly fifteen
ucres planted in corn. How many others
are there in Georgia like unto him ? We
don’t know, hut we fear more than arc
good for the general weal, or than Is gen
erally suspected. This case is, no doubt,
an exceptional one. hut his corn acreage
could he greatly multiplied and still leave
the proportion too great. However, we
shall know in time. Happy those who
do not acquire the knowledge at too greai
a cost.
The rain Tuesday, which looked as if it
was general, will give the corn crop a
fresh start. It was beginning to need it
badly. In some sections it was twisting.
We hope to hear, to-day, of fine rain all
over Southwestern Georgia, aud a chorus
of gratulalions over the prospect from all
our farmer friends.
In the meantime, and to show all cot
ton-mad farmers what may happen to
their Western corn cribs, we submit the
following Chicago dispatch, found iu the
Nashville Banner of Tuesday :
Continued cold aud wet weather is be
coming a serious cause of alarm to our
Illinois farmers. Unless there is a chan; <
soon, the corn crop in Northern and Mid
dle Illinois will come near proving a fail
ure.
LATEST FROM THE “ADDLE" RED MAY.
Bt. Louis, June 21.— The Republican
has a special from Hays City, Kansas,
dated June 19, which says Colonel Green
wood’s surveying party, who are survey
ing the rouVr of the Kansas and I’aeiiie
Railroad from .Sheridan to Denver, were
attacked this morning, titteeu mile - be
yond Sheridan, by a hand of fifty Chey
ennes. The Indians came upon them
quite unexpectedly, hut the surveyors
were all well armed, and after a deperaU
fight succeeded in killing four Indians,
wounding several others, and putting Un
balance to llight. Two brothers named
Schuyler were wounded, one of them crit
ically, having received three balls iu tin
thigh ; the other but slightly.
The couductor ou the Western hound
mail train re{>orta having seen not les
than forty Indians twenty miles w* ~t of
here.
Au Omaha special to the same papei
says a party of nineteen citizens started
from North* Platte on Friday afternoon t<>
searcli for horse thieves. They returned
at Doou yesterday with three Sioux pris
oners and thirty six head of stock. Tin-
Indians report that Spotted Tail with two
hundred lodges has left the reservation
and is coming down, with what intention
is not known.
The army officers who cam- down on
the steamer Cora report a fight between
Hioux and Rees Indiana, below Fort Bu
ford, in which the Hioux left ten kill* I
and fifteen wounded, and the latter one
killed and thirty wounded. The Hioux
have gone for reinforcements and intend
to renew the fight.
AKOI VD THIS WORLD IN KI«.HIV II \ V -
A New York paper aays that prohahly
few persons are aware, now that the Pacfio
Railroad is completed, that a journey
around the world can be made in eighty
days, which estimate allows for ordinary
delays incident to traveling. Moreover,
the entire distance can he traversed by
steam either on land or water, save iHkiui
one hundred miles in India, between
Allahabad and Bombay, over which i
railroad is now constructing. The partic
ulars of this marvelous trip—for it is even
more than marvelous —we condense into
tabular form, for convenient reference, a
follows:
New York to ban Francisco (rail) 7
San Francisco to Yokohama (steamship).... Ml
Yokohama to Hong Kong(steamstiip) < ,
Hong Kong to Calcutta (steamship) j ;
‘Calcutta to Bombay (rail)
Bombay to Cairo (steamship and rail) i }
Cairo to Paris (steamship and rail) >
Paris to New York ! 1
Total SO
♦l'hia includes the break of one hundred ml
mentioned above.
Thk Hkai.th of Jefferson i)A VI
The New Orleans Times says that ad
patch received at Montreal on June 1- h,
by Mr. Howell, from Paris, announced
tbe health of lion. Jefferson Davis a- ex
tremely precarious. At one time, recent
ly, his life was despaired of. It i- the
purpose of Mr. Davis, if he lives, to revisit
Canada during the summer, and to spend
the following winter among hisold friend
in the State of Mississippi. We trust that
a long life is yet in store for him.
—The Figaro corrects the popular notion
that M. Thiers was the son of a hJack-mit ■.
of Aix. It says that his father was an a< -
voeate of the Parliament of Marseille-,
and his mother, Marie Madeleine Annie,
the daughter of a delegate of the commer
cial population at Constantinople under
Louis XV. The latter was married to a
lady whose sister was the gCa mother wis
de Chenier, so; tb«M. Tby
perished on the guillotine
in 1793.
RorTF AGENTS Appointed.-Among
a list of route agents recently appointed
JM PrUwell. we see the following for
fvorgff John W. Barney, from Macon
mTuania, and Thos. W. Hill, from An
gust a to Milieu.
The Largest Yield Yet.—TheGriflin
Middle Georgian says that Mr T. J.
Threekeld, of that place, has just thrashed
out a brag lot of wheat, and the result is
fifty-eight bushels to the acre.