Newspaper Page Text
8.. ESEXjIS 8c GO., Proprietors.
Volume XVIII.
TUESDAY, OCTOBER 19
Nashville Conference —Picture.
With a view to rai?e funds sufficient for the
erection ofaMeth ffist Church in Washington
City that will be an ornament to the Metropolis,
and worthy the Southern organization ot this
body of Christians, a Mr. Smithson has made ar
raugernentsto have executed by Mr. J. C. Butter,
of New York, one of the most skillful and
and accomplished artists in this country, a fine
sleel'plate engraving of the bishops and delegate?
of the General Conference of the M. E. Church
South, at their late session in Nashville* Tenne
ssee. The painting was made by Mr. Bellows,
and iguow in the hands of the engraver. A corres
pondent of the Christian Advocate says that it ifc
‘‘admirably conceived and handsomely executed.
Here may he ?een the venerable founder of Metho
dism, John Wesley, occupying the puloit, while
just below'on the platform stands prominently a
full-length, life-like representation of the equally
venerable Soule, the senior bi-hop ot the >!. E.
Church in America. Around him are hi? col
leagues, each one of whom can be recognized at
a glance. Hanged along the wail, in the order of
time from Wesley, are the portraits oi Colie,
Asjmry, Whatco&t, MeKendree, George,Roberts,
and other?, r f the o and regime of Methodism, link
ing us with the past, and awakening a
endearing historic associations; while on the plat
form and on the floor are group and nearly two
hundred minister? of the present day, many of
whose faces are familiar to us.” The photographs
engravings and daguerreotypes in the possession
of the engraver will enable him to bring out cor
rect likenesses and imbody the details necessary
for the perfection of the work. The engraving
will cost six ih >u?and dollar?, and must necessari
ly take a considerable leogth of time in its execu
tion Asa work of art it will possess merits suf
ficient to secure for it a general interest; and
when considered with reference to the benevolent
design of its author, it cannot he doubted that the (
enterprise will be crowned With success.
The enterprise is sanctioned and recommended
by the General Conference of the M. E. Church
South. It will be larger than any engraving of
the kind heretofore published.
Opening of the Tehuantepec Eoute
Tlie steamship Quaker City, Capt. Shuteldt,
left New York on Saturday, for New Orleans,
from whenceshe will hereafter run regularly, ma
king senii-montlv trips to Minatiilan, with the
California mail. She had about ninety passengers
and more freight than she was able to receive,—
Thus (says the Journal of Commerce) wo have
evidence that the important enterprise of opening
anew highway between the two oceans is ap
proaching a completion, and that the formidable
obstacles which have presented themselves, during
the progress of the work, have at length been suc
cessfully overcome. The awarding of a mail con
traut to this route, by the Uuited State Govern
ment, no doubt operated as a substantial eneonr- i
agement, and led to a more speedy opening than |
would otherwise haye taken place. Including ISO j
men who left this port about the Ist of August, iu |
the barque Rapjd, there are now employed on the ‘
road between Suchil and Yentosa about IDO men;
and thirty tirst-elass coaches arc already on the
ground or en route, to be employed in carrrving
passengers to the opposite ocean There are,also,
three steamers which will be available for naviga
ting the Coatzaeoalcos riv'r, between Minatitlan
and Suchil, a distance of 70 mil*.
“ One of the river steamers, the Suchil, which
sailed from New York a few days ago, is a re
markably fine one, being built of iron, w ith thick
bulkheads extending lengthwise and across, and
fitted up with every requisiteforsafety and conven
ience.
“It is anticipated that passengers will go from
New York to New Orleans in four days; from
tlie latter port to Suchil, ihe head of navigation,
in an equal length of time ; while two days wilt
be required for the carriage road. On reaching the
Pacific terminus, the steamer Oregon will be in
readiness to go up the coast, occupying ten days
in the passage to San Francisco. The time oc
cupied between New Orleans and San Francisco,
it is said, will not exceed fifteen or sixteen days, at
farthest.
The Cotton Crop-
Theta is no subject upon which men affect to
know so much and, in reality, know so little as
the probale yield of the cotton crop and the price
which the staple will cr> ntnand in the markets of
the world. It the whole commercial world were
interrogated upon these subjects, we could not
reasonably expect tho same answer to bo returned
by any two individuals, and if by accident, this
coincidence should occur, there is a yet weaker
probability that they would give the same reason
for their faith. It is obviously, the interest of ihe
planter to create the impression tint there will lie
a short crop. In proportion as this belief gains
currency,do speculators and manufacturers operate
with boldness and confidence. Iho legitimate
tendency and effect of such a state of things is to
impart an upward impulse to the market. On tho
contrary, it is no less to the advantage of the
manufacturer to fasten upon the public mind the
idea of a large crop. When this impression pte
vails, holders become more willing to self,a larger
amount of cotton is pressed upon tlie market, the
price recedes, banks, considering tho risk reduced,
advance for longer time and at easier rates, and
the original outlay tor material and the rate of in
terest being thus diminished, the profits of the
manufacturer are increased even where ihe ratio
of valuation between the raw and the manufac
tured product is maintained.
These two classes represent the extremes of
opinion upon this subject. Tho afest position,
perhaps, is somewhere near the hall way ground
between them. Our own opinion, we confess, has
undergone some change within the last tew weeks;
not ip consequence ot the increased receipts—oth
er causes satisfactorily explain that sact —but be
cause of the cheering reports and cheerful faces of
many of our friends upon whose supposed ill-for
tune we expended, hut a short time ago, a large
amount of superfluous sympathy. But though our
intormation thus necessitates a modification of
our estimate of the crop, we see no cause for ap*
prehending that the planter will be forced to give
away his cotton. He may contiuue. to rush it in
and force it to sale uutii he “cloys the hungry
edge of appetite” in the manufacturer and specu
lator, and may thus reduce the maiket value ot his
product; but this result will be chargable to his
owu imprudence and not necessity ot the
case. However great may BMlie supply, it can
not, under the existing prospect, equal the demand.
Our domestic manufacturers are turning every
spindle in their power, and the foreign manufac
turer, feeling the impulse which so great an event
as the opening of anew market for his tabrics in
a country sustaining ODe fourth of the huniau
family is calculated to impart, will strain every
nerve to us utmost tension in the effort to reach
the farthest limit of his capacity for production
To those of our friends, then, who are not obliged
to sell—who owe no money—we would say, don’t
be in such a hurry. Your cotfbn is worth 11 or
12 cents, and by tho exercise ot a little patience,
that price can be real.zed.
Election Returns.
The returns from the recent eTections held at
the North Show that the Democrats who fought
gallantly by the sided our southern Representa
tives on the Lecoinpton issue have fallen before
the abolition sentiment. In reviewing tho returns
from Pennsylvania, we find that 11 democratic
Representatives, who nobly stood with us have
been cut down and wool-dyed Republicans now
occupy their seal*. J. Glancey Jones among other*
©''*’ ‘‘ ‘’ ‘’ ‘ ‘’ ‘ ‘''* 1 ‘” ‘ ®
is defeated for his too honest devotion to the South.
The democrats have only carried four districts out
of the twenty five in this old Keystone State.
In Ohio, the democrats have lost two Districts
The venerable Joshua Biddings is defeated by a
brother Republican and J.eis D. Campbell by
that true States Rights democrat, Vanlandingham
Iu Indiana, Hughes, Davis, and Gregg have been
defeated by Republicans.
In South Carolina, the old Congressmen were
re-elected wiih the exception of James L- Orr,
who was no candidate. Col. Ashmore is elected
iu his stead.
Thus it will he seen that the Democrats North
who voted with the South upon the Lecompton
issue were “digging their political graves.”
Another Atlantic Cable to be Laid.
Wo have been placed in possession of
information confirming our statement in re
gard to the intention of tne British Gov
ernment to lay a Cable between Ireland and
N ■wfundland. Arrangements will soon be
made with the view of establishing com
munication between those two points next
year, in the event of their being unable to
work through the present line. In this
matter the British Government are govern
ed by their own interests, as they have
already experienced the advantage ofbeing
placed in direct connection with their colo
nial possessions on this side of the ocean.
Before the cable stopped working they
were enabled to send two despatches of the
greatest value and importance to the colo
nial authorities; and having once practi
cally realized the benefit to be derived from
tho line, it is their policy and their interest
to re-establish the communication at the
earliest possible moment.
But the British Government is not the
only party interested in the permanent
success of the enterprise, for the London
Board of Underwriters were also afforded
an opportunity of appreciating its impor
tance in a commercial point of view*. The
despatch that conveyed to them the intelli
gence of the collision between the Knropa
and Arabia,could not be estimated by thous
ands of dollars merely, and was in itself an
incoutrovertable proof of tlie indispensa
b'ility of the ocean telegraph. Tlie enter
prise must not, therefore, be regarded as a
failure, but as a success, tlie complete re
alization of which was prevented by what,
after all, wilt only prove to be a temporary
interruption.
Meanwhile, we look forward with hope
to the experiments that will soon be made
by the new batteries and instruments of
.Mr. Ifeoly, duplicates of which have, ere
this, reached Trinity Bay station, under the
charge of Mr. Lundy, the English electri
cian, whose despatch announcing his arri
val at St. Johns has already appeared in
the Herald.— V. Y. Herald.
Our Relations with China.
The San F’rancisco Herald of the (list of
September, says:
California will probably be the first coun
try to feel the effect of the increased com
merce which is to be carried on by virtue
of the treaty just concluded. Our geo
graphical position puts us in comparatively
close proximity to the additional ports open
ed to the trade of the world. The new
order of things is of the highest impoitance
to this Slate, and as far as material inter
ests are concerned, not much inferior to the
establishment of overland mail routes
across the continent. Wo may reasonably
expect that considerable ot the trade in the
valuable articles in which the Chinese mar
kets abound, will be finally sent to the At
lantic via San Francisco. Steam ship lines,
in course ot time, will be required by the
interests of commerce, and the trailic in
freight and passengers would make them
highly remunerative. A project to estab
lish a line of steam ships between San
Francisco ami Shanghae has engaged the
attention of Congress for several years.—
The improved condition of our relations
with China —the protection guaranteed to
Christians in every part of the Empire, and
thepresence hereafter ofour countrymen and
Europeans at the various ports, will be
motives at the next session to provide for
the inauguration of steam communication
between the two countries.
There is anothei question involved in
the treaty that concerns California and its
legislation, affecting the Chinese. We have
only seen a brief outline of the treaty made
by our Commissioner, Mr Reed, and we
are, therefore, unable to say whether it con
tains any provisions granting to the natives
of China the right of visaing and protec
tion in tlie United States. It is usual when
one country confers privileges on the citi
zens of another, that the favor is reciprocat
ed, and the Chinese statesmen are not ig
noiant of the customs of civilized nations in
that respect. It is reasonable to assume
that some such clause is contained in the
treaty. If this should prove true, it is
doubtful if our statute, which goes into op
eration on the first of next month, restrict
ing the immigration ot Chinese, will be op
erative. It has been decided by the Su
preme Court of the United States, and by
our highest tribunal, that individual Stales
have no power to impose taxes upon alien
passengers. The authority is with Con
gress, iu whom is vested, by the Constitu
tion, the right to regulate commerce.
Tue Slates can enforce no law in viola
tion of any treaty with China, but it is a
question if treaties are not negotiated sub
ject to existing laws in civilized countries.
However, it is a condition of international
law that ail foreigners are admitted into
countries on condition of obeying their laws.
Except to guard against disease and pau
pers, the municipal power of the State can
not prohibit the introduction of foreigners,
and we suppose like ground will be takeD
in contesting the validity of the act passed
by the lust Legislature. But this may not
be necessary it the treaty guarantees to the
natives of China protection in otir country.
It was approved by tiie Emperor immedi
ately, and though a year is allowed the
United States for its final ratification, there
is every reasou to believe it will be prompt
ly sanctioned by our Government. When
the treaty is finally ratified and published,
vve think tlie law to prevent their further
immigration into California must give way,
if such a stipulation as we have referred to
is included in its provisions.
From Washington.—General Jerez has
to-Jay had a long interview with Secreta
ry Cass. Notwithstanding he had previ
ously asserted that lie had to
ratify the Cass-Yrissari treaty and to finally
arrange all matters pertaining thereto, with
out the necessity of'refering it back to Nica
ragua, it appears from the official document
just submitted by him to the State Depart
ment, and of which a translation was imme
diately made, that he isemdowered only to
act “in order that the amendments made by
the Assembly ofNicaragua to the treaty
mav be substantially carried into effect.”—
This is the language employed, but it is not
considered sufficient to meet the demands
of our Government. The Secretary of
State will havea consultation with the Pres
ident on the subject to-morow, and Gener
al Jerez will sooi) thereafter be informed of
the result. His mission is gendrally con
sidered at an end, and unless he has docu
ments of a more satisfactory character to
present, he will shortly be dismissed.
THE UNION OF THE STATES, ANO THE SOVEREIGNTY OF THE STATES.
WEDNESDAY OCTOBER 20.
Marriage Statistics in England-
The rise or decline of a nations prosperity is
marked by the incroase or diminution of marriages
solemnized from year to year. It has grown to
be an infallible test with who have bestowed
time and attention upon the subject. Hence the
recent controversy in England in which learned
essays were penned to prove that she was retro
grading in greatness and lending towards social
depravity from a partial exhibition ot statistics of
marriage vows
The report, however, of the Registrar General
relutes the popular idea that there is a decrease ot
marriage contracts and weddings solemnized
The etnisiics exhibit an increase among those
m images solemnized by license over those sol
emnized by bans, and the inference is drown that
the upper or middle classes are more given to mar
riage than the lower.
An analysis of the figures, though apparently a?
meaningless as a table oflegunth us— giving the
ages ot contracting parties, prove? another fact in
the history of marriages in England—that t"e
number of early ftiarrige or marriages of minor
have increased over others in a great ratio since
the year 1848. It shows that 5 per cent of all
men and 18 percent of all women married under
age.
Another deduction touching the progross of na
tional education is obtained from the table. The
contracting parties Finn th.ir names or in default
of ability make their marks. I'he comparison of
marks and signatures evidences ihe tact that the
“School-master is abroad.”
The Registrar-General in analysing the figure?
reflects “a curious light on our social combina
tions.” Those who can write and are well edu
cated, intermarry with those who are illiterate and
cannot sign their name?. The number of these
marriages is large.
The classification oi tne Register reveals anoth
er important feature in the history of marriages
—that the marriages solemnized by bans aud
confined to the lower classes indicate with bar
ometrical nicety the standard of plenty or scar
city for the year. The price ol wheat really mea
sured the marriages.
In times of the greatest prosperity the number of
marriages by bans would be increased, and dimin
ished greatly in times of adversity. From this
fact, we pay England the compliment, that her
poor men uever propose in marriage without the
prospect of a competency to provide lor a house
hold. America may well follow her example,
Southern Literary Organ and Review
The first number of the above periodical is on
our table. It is published at Memphis Tenn., and
is edited by Rev. Benjamin H. Capers The first
article in the number before us is from the pea of
the editor, ou the subject of “Southern literature’
and abounds in just aud original thoughts and
many proofs ol a fine discriminating faculty. The
Rev. P. F. Neely, l) I) , whose distinguished merit
as a pulpit orator is yet fresh in tlie remembrance
of many ofour readers, is also a contributor to
the specimen number. Under such auspices it
would seem almost superfluous to wish the enter
prise success. If it tail, it will but sharpen ihe
point of condemnation already justly directed
against the Souther?) people, lor the imperial pat
ronage they lavish upon Northern periodicals,
while they suffer our home literature to languish
and die.
Terms of tho “Organ” Three dollars per an
num, in advance.
Health of Mobile and New Orleans.
We have received ihe following despatches from
Mobile and New Orleans, warning strangers and
unacquainted persons against going to tho-e cities:
Mobile, Oct. 16—Absentees having commenc
ed returning to Mobile, the Executive Committee
ol ihe Can’t Get-Away Club, the Samaritan So
ciety, and the Rolief Club of the Young Men's
Christian Association of Mobile, upon considera
tion of the state of tho public health, concur in
recommerding to all unaceliinuted persons, now
absent from the city,not to return until after due
notice of frost:
By order of the respective Committees aforesaid.
[Signed]
W. 11. Redwood,
President Can’t-Get-Away Club.
Daniel Wheeler,
President Samaritan Soeiaty.
T. A. Hamilton,
President Relief Club.
New Obleans, Oct. IG, The “Howard Asso
ciation” announces that, for the past week, the
epidemic shows no abatement of virulence, being
fed by the daily arrivals ot strangers and unacclt
matod persons.
tSiguedl E. F. Schmidt,
President.
Desperate Affray at Nashville.
A desperate affray occurred at .he Fair ground?
yesterday, in which twelve or fifteen persons were
injured. Sandy Owen was ki led ; his brother
dangerously wounded ; Gen. Joel A. Battle had
his skull fractured; Samuel Cowan was mortally
wounded, and others were seriously injured.
“The Waynesboro News.”
Is the title of anew paper just established in
Burke County, Georgia, by Messrs Gray & Blount
—the first number ol which has been received- It
is a very neat paper and well filled with judici
ous editorial and selected matter. T erms 5*2,00
per annum.
Located by the Main Tronic.—The Bain
bridge Arens ol last Wednesday says:—
We have been reliably informed that the corps
of Engineers of the A. and Gulf Railroad, having
finished the survey to Thomasville, are now en
gaged running an experimental line to this place.
The “lower” or Mineral Spring liue, we un
derstand, has been finally adopted by the Com
pany.
The Cotton Crop.-Cotton opened early and was
brought to market early—so early, that it is quite
likely to make a very erroneous impression as to
the extent of the crop. If we are not mistaken,
the lapse of two or three months will show the
excess over last year to be much smaller than pres
ent appearanees would indicate. There is no
question however, that the yield in this section is
much better than theie was any reason to expect,
after the ravages of the rust. — Spirit of the South’
Oct. 19<A.
Special Corresimndence of the Augusta Dispatch.
Trial of J, R. Graves.
Nashville, Oct. 16th 1858.
The trial of Rev. .f. R. Graves, alluded
to in ray last, came up at the First Baptist
Church on Tuesday, 12th inst. The church
was crowded, and great curiosity was man
ifested to hear the trial. After a number
of preliminary motions, the charges against
the accused were read, and when asked
whether he admitted or denied the charges,
he responded—“l deny.”
A motion to non-suit the charges, for in
formality, was carried, when Mr. Graves
was permitted to speak in his own defence.
He then read a protest against any further
proceedings until scriptural steps had been
taken to settle the difficulty. He urged
other reasons why the trial was premature,
and stated tl at he was ready and willing
to meet an investigation if it were made ac
cording to the New Testament.
The question was put after some discus
sion on the motion to remand the whole
proceedings on the ground of informality,
COLUMBUS, GEORGIA, MONDAY, OCTOBER 25, 185 8
and last, —41 for remanding, and 98 for im
mediate trial.
Mr. Graves, after a few remarks, stated
that he could not fellowship with the
Church any more, and announced his with
drawal.
I The Moderator stated that Air. Graves
himself had held that the only way to get
out of the Baptist Church was by death or
exclusion.
Mr. Graves claimed that when a Church
tramples upon the law of Christ, it becomes
a faction, and not a church.
On a motion to adjourn, the congregation
were requested to remain after adjournment,
and those who had voted agains: the imme
diate trial of Air. Craves organized anoth
er meeting.—A paper was then read, which
claimed that the persons whose names were
appended constituted the Fiist Baptist
Church, and hat the majority who voted
lor sustaining the charges, were factionists.
This statement was signed by about 20
members of the First Baptist Church.
Mr. Craves then requested the body to
(•■•ill a council of two iniinst-rs from each
Church m the association.to investigate the
charges against him. The meeting then
adjourned to meet Sunday afternoon.
On the next day, those who were for
immediate trial proceeded with an examin
ation. and on tlie question, w hether Mr.
Craves was guilty of the first charge (as
published iu my last letter) there was a
unanimous vole in the affirmative. The
investigation will be continued to-night.
Tlie result of this investigation was the unani
mous finding of Mr. Graves guilty of the first
charge of the series preferred against him, to wit:
“Briugingreproach and injury U|>on Rev R. B. C,
Howell, pastor of the Fir* Baptist Church, and
thus to destroy his character and influence in the
Southwest,” and the publication of “various false
and malicious misrepresentations-”
Business on the Railroads—lncreasing
Cotton Crop, and so on.
The subjoined comparative statement
obtained from the books of the South-wes
tern Railroad Company, while it Isa gold
en exhibit for the Road, illustrates also the
rapidity with which the crop is coming io
market. Due allowance should be made,
however, for the effect of the extension of
the road since last year.
Comparative statement of Cotton Trans
portation and receipts of Freight on the
South Western Railroad from Ist Aug.
to Itjlh October, 1857 and 185 b.
1857. Road Earnings Bales Cot’n
August 20,852.28 (>O3
September 30,429.76 2,834
Oct. 15 days 17,427.94 3,982
68,509.98 7,419
1858 Road Earnings Bales Cot’n
August 26,238 06 1,281
September 59,033.14 17,634
Oct. 15 days... .31,070.05 20,059
107,341.25 [38.911
Increase in 1858... 38,831.27 31,492
Showing an increase of 56 per cent, in
the gross earnings of the road, and'424 per
cent, ori the number of bales of cotton
transported.
The Macon Sc Western Road is also do
ing a heavy cotton freighting business, and
we heard their increase in receipts staled
to be now about 2000 bales per week. We
will make particular enquiry.
The Savannah Republican of recent date
says that the earnings of the Central Road
for September, were $157,726,19 against
$98,767,40 in September, 1857—and for
the first seven working days in October,
$51,995,59 against $31,970,27 for the cor
responding period last year. In Septem
ber. 1858, 28,005 bales cotton were recei
ved, against 6,127 in September, 1857; and
in lourteen working days in October, 40,283
bales ol cotton had come over tlie Road.—
These figures show the combined effect of
an early fall—very favorable weather for
picking, and an anxious desire among plan
ters to push their cotton to market as early
as possible. The calculation among the
Railroad and Warehouse men is also for a
very heavy increase in the cotton crop of
Georgia.
Hon. H. V- Johnson.
The Atlanta Intelligencer pays the Pil
lowing high and meiited tribute to ex-Gov
Johnson. It is not overdrawn or more
than just:
“Who is not proud of such a man as
Herschel V. Johnson—the “man of golden
purpose and iion will.” as the Georgia Plat
forni designates him 7 Who has been more
conspicuous in every fight for twenty
years in Georgia? Who has fallen and
risen with the Democratic partv in storm
and sunshine—in adversity and prosperity,
if Herschel V. Johnson has not? His voice
has been always heard to rally the broken
columns and the discouraged hosts when
the battle raged the hottest and the fierc
est. The democracy love hun. His very
name is a tower of strength.
Earnings of the Central Railroad. —
The earnings of the Central Railroad for
Sept., 1858, were §157,726,19, against
$98,767,40 for Sept., 1857.
The earnings from Ist Oct. instant, to the
Bth inst. inclusive—seven working days—
have been $51,995,49; against $31,970,27
for the same period last year.
The quantity of cotton brought into the
yard in this city in Sept. 1858. was 28,005
bales, against 6,127 bales in Sept. 1857’
The down freight from Ist to 16th Oct.—
fourteen working days—has been 40,283
bales of cotton; 5,042 barrels of flour; 8,319
sacks of flour; 21,348 bushels of wheat,
2,392 bushels of corn; 506 bales domestics;
28 boxes copper; besides considerable par
cels of dried fruit, hides &c. &c.
It is believed that the earnings for the
whole month of October, will be near if not
quite $200,000 against $99,070,55 in Oct.
: 1857.
In noticing the evidences of prosperity,
it is but due to the officers and men of the
j Company that we should say a word of
j commendation for the nerve and fidelity
with which they have stood to their posts
and forwarded this immense amount of bus
iness during a season characterised by so
much sickness and still greater alarm.—
Through it all they have manfully maintain
| ed Iheir ground, and faithfully performed
all their duties. Their conduct entitles
them to the gratitude of the Company and
to the praise of all.— Sav. Republican.
Full Pockets and Pleasant Faces.
Meet us at every corner now-a-days. The
planters are bringing in their cotton and
selling at the present rates. Debts are paid
—liberal supplies are purchased and the
Macon people in all departments of trade
are doing a “smashing business.” The old
and well known house of J B. tjj- W. A Ross
sold over eighty thousand dollars worth of
goods the past week, and our merchants
generally are selling more goods and ma
king better collections than during any pre
j vious year. Macon is increasing in popu
j lation, in enterprise and capital, and by a
judicious use of the many local and railroad
facilities which she enjoys in a pre-eminent
degree, wi'l shortly become the largest ci'y
j in Georgia if not in the Smith Atlantic
i Slates— Georgia (Macon) Telegraph Oct.
i 19th.
’.THURSDAY, OBTOBLR 21.
The Supreme Court.
In our issue of the 13th inst., we published the
action of an adjourned public meeting in Coweta
county, in reference L the.above subject, and ap
pended thereto a brief comment. Our remarks
have been construed by our friend of the Corner
Stone into a reflection upon the intelligence of all
who are in favor ol abolishing the Supreme Court.
We admit that we did not guard ourselves against
such inference, but sutli was not tne thought to
whieh we gave expression. It was understood
by us that thi- meeting originated in a dissatisfac
tion with a reccmj dgmeul of the Supreme Court,
about which so much has been said and written.
Believing and, indeed, knowing that the masses
have not taken the time or trouble to ascertain the
correctness ot the piopositions which that
judgment declared,(and it is manifest that su,h iu
vestigation must be the basis of any just < r in
telligent censure) we have uniformly deprecated
all popular demonstrations on this subject. It
was hi reference to this tact that wo intended an
ap iication ot the charge of know-nothing-ism,
though, as we have said,our words had a wider
and more general meaning. Upon the subject of
abolishing the Court, we occupy a position at a
gre it distance Ifom our coletnporary, whether in
advance or in rear of his own, we do not say. But
this radical difference will not prevent us from be
ing instructed by his opinions; at any rate, we
hope never to lose our respect for bis acknowl
edged inteilig-nceand matured wisdom.
A Just Tribtire-
The coalition oi R publican?, Americans and iho
Douglas Democrats hnvo just won a victory over
the Democracy in Pennsylvania. The New York
Tribune —a notorious abolition sheet, thus ?p*ak? :
“Let u? not misstate nor overstate this triumph.
The republicans have nobly contributed to it, but
they have not alone achieved it. The great body
ot the Americana have heartily co-operated with
them, and the elaborate attempt to and raw off votes
on‘straight American’ ticket? iu Philadelphia has
had little effect. The union for tree territory, pure
election?, and protection to home industry, was
too hearty and solid to be shaken by the tricks of
demagogues bought and owned by tho common
adversary.
“But the Republicans and Americans united
could not have won so sweeping a victory with
out the powerJuL aid of the Dougins Democracy.
These faithful devotees of the doctrine of popular
sovereignly, organized and led by John YV. For
ney, had resolved to punish the recreants who de
vised and urged on ihe Lecompton fraud, and
they have done it most effectually .”
Prof. ffm. J. Sasnett, D. B
By the Board, which met in this city tho 15th
inst., (says the Atlanta Intelligencer,) this distin
guished gentleman was elected President of the
LaGrange Female College, which is one of the
first Female Colleges in the Union. The Trustees
have been in this case extremely fortunato in se
curing Prof. Sasnett as President of tlie College.—
His fame and name are well and widely known
throughout this country asoneot the most able and
distinguished among the literati of the present age.
A? a Professor, a? a Scholar and writer, Dr. Sas
nett will grace the highest Collegiate positions
which the country can boast.
LaGrange College and its friends everywhere
may now have greater cause than ever, to he proud
of their Institution and hopeful for a bright and
glorious career of usefulness and honor- With
such a Faculty and such an able and distinguished
President, no College has greater claims and
brighter prospects.
Postage Stamp
s Stamp Bureau of the Post Office Depart
ment, which is under direction of tho Third As
sistant Postmasier General, John Marron, E-q.,
has made the following returns:
For the quarter ending the 30ih of September
last, there were issued from this bureau the follow
ing:
1 cent stamp?, 9,490,600
3 cent stamp?, 30,445,600
5 cent stamps, 127,680
10 cent stamps, 737,830
12 cent stamps, 331,3-50
41 133 060
Stamps returned, 62,900
Total stamps. 41,070,160
Os stamped envelopes there were issued 211,150
notarize, three cents; 6,454,350 letter size, thioe
cents; 44,850 ten cent envelopes; 100 official
stamps.
The net revenue accruing from this source a
mounts to an aggregate ot about $1,331,000.
“Pretty Tall Picking “
Mr. Thomas H. Hughes, ihe overseer oi Gen.
Myrick's plantation in Twiggs county makes the
following statement of Cotton a few of his hands
picked out one day last week, which quantity will
be found hard to beat, viz :
John S., 661 pounds.
William 654 “
Charles 543 “
John H 492 “
Eli, 480 “
John W.. 410 “
3,245 pounds.
Smith 380 “
Harrison 376 “
Judge Hardeman.
We find the following paragraph in the Macon
Journal {5 Mes enger, ot the ‘2oth inst. :
•‘We deeply regret to team that this able jurist
and most estimable gentleman still lies dangerous
ly ill, with little recovery *’
JgJfThe Republicans and Americans of New
York city have agreed to fuse upon bounty offi
cers to be balloted for at the ensuing election.—
Committees of conference from these parties met
at the Westchester House, on Thursday evening,
and agreed upon a plan which gives to the Repub
licans the Sheriff, Justice of the Superior Court,
Supervisor, and two Coroners, while to the Amer
icans ate conceded the nominees for county Clerk,
District Attorney and two Coroners.
From Utah.
Battle with the Camanches. —St Louts, Oct. 15.
The Salt Lake mail arrived at St. Joseph on the
9th, The troops had nearly completed their huts,
and would go into winter quarters on the 15th of
Oct.
The I'ort Smith (Ark.) Times Extra oi the Bth
contains a letter from Lt. Powell, dated Fort Ar
buc kle 2d, givingan account of a battle between
a detachment of the 2d Cavalry and the Caman
che Indians, near Wichita Village, on the Ist, in
which Lt. Vancamp and four men were killed, and
Maj. Vanelan and ten men wounded. Forty of
the Camanche3 were lulled^
The Senate Secured for the Opposi
tion. —Very unexpectedly to boili parties,
the New York Senatorial district lias gone
lor the Opposition. VVe have received in
telligence that the the Democratic candidate
William H. Welsh, the late Speaker of the
Senate, the favoriteof Mr. Buchanan, and
his Secrelaiy for a time while he was
Minister to London, has been defeated by
Daniel Kraber, the Opposition candidate by
one hundred majority. This, if true, as we
believe it to be, secures the Senate to the
Opposition, even without the Northumber
land District, which is still in doubt. The
Opposition thus have both branches of the
Legislature. —Philadelphia Bulletin.
We are indebted to the kindness of a friend for
permission to make the following extract from a
letter written by Maj. A. B Ragan,U. S. A.,to a
member of his family in this Stnte:
Fort Vancouver, Washington Territory,
September 7th, 1858.
The Mountain Buck bring- news this morning
of another engagement which a portion of Maj.
Garnett’s command had with the YaMmahs.—
Lieutenant Cfook with sixty men, attacked a
large party of Indians, killing six and wounding
an indefinite number, without the l*ss ot a single
man, Another party of Indians were heard of,
and Capt, Fraser sent after them, hut they got no
tice of his movement and decamped in haste;
Capt. Fraser pursued them three da s, hut finally
lost their trail and had to give up the pursuit.
Maj Garnett thinks the hostiies are now cleared
out of the Simcoeand Yakimah c nuntiy, and have
made the best ot their w; t y to tne Black Feet coun
try in the Rocky Mountains aed into the British
possessio s. Maj Garnett has pushed forward to
Okenauan, where he will probably form a junc
tiou with Col. Wright’s command against the
Spokans and Pelloose, or else whip them out on
his own account, should he not meet with Col.
Wright.
Nothing has been heard from Col. Wright since
he crossed Snake River on the 24th tilt The pre
sumption, therefore is, tint the Indians have burned
the grass to embarnss aud retard his movements
and retire to the mountains, if he had had any
engagement he would have sent an express with
despatches to Geo. Clark at this place, Iho five,
alurall the great demon strati ms by the Indians,
the whole ihinti will turn out nothing more than a
grand Indian hunt, a good many will he caught in ;
the chase, and the rest will be trailed to their dens
and holes in the mountain-, early in the Spring,
and dragged out. [Signed]
A. B. RAGAN.
Eelections.
PENNSYLVANIA.
Rkadino, Oct. 15.—Schwartz’s majority overJ.
Glancy Jones is nineteen votes. Schwartz has
7,321 and Jones 7,302 votes This is the official
vote as returned by tlie Judges.
lowa.—The few returns thus far received have a
stror.gly Democratic complexion, and give reason
to hope that one, if not both the Democratic can
didatos for Congress, is elected, fn the present
Congress both members are Republicans.
Indiana. —The Democrats have elected four
members viz: Niblack,(or Hovoy,) English, 110 l
man and Davis; being a loss of two as compared
wiih the preseot Congress. The Republicans
carry the other districts.
Our information leads us to think that the Re
publicans have carried tho State ticket (no Gov
ernor is elided this year) and a small majority of
the House, while a majority of the Senate is prob
ably Democratic.
California.—The new Senate of California
comprises 21 Democrats, It) Opposition men. and
there is one vacancy. House—Democrats 54,
Opposition 20. Joint ballot, Democrats 78, Op
position 36
Ohio.—ln addition to six Democratic members
whose flee!ion is conceded, viz : Pendleton, Val
landigham, Allen, Howard, Martin and Cox, tho
telegraph claims only sixteen majority for Carey
over Hall, Dem., in the 9th district, “unofficial.”
Perhaps the official returns may place the eaddlo
on the oilier horse It also says the contest in the
sth district is “very close” between Burns, Dem.,
and Helmick, Rep., though “it is generally sup
posed that Bums is defeated.” The Ohio States
man o) the 14th, also claims the election of B. F.
Spriggs, Dem., in the 17th district There is
therefore a chance that the Democrats ol Ohio will
come op to their number in the present Congress,
which was nine out of twenty-one members
Florida.—A private letlorfrom a friend in Tal
lahassee, who has access to tho election returns,
informs us that “Judge Hawkms’fDem.) majority
over Westcott will be *2500 votes-about ,000 more
than was ever given to any man in the State ”
Thus it will be seen, while there is a union of Re
publicans and Americans at the North to defeat
the Democracy, it is gaining strength at the outh
; and rallying to its standard the true men of all
I parties.
i A Lawyer’s Story. —Tom strikes Dick
1 over the shoulders with a rattan as big as
| your little finger. A lawyer iu his indict—
I ment would tell you the story as follows;
j “And that whereas the said Thomas, at the
j said place, on the year and day aforesaid,
in and upon the body of the said Richard,
j against the people of the State of Penn-yl
j vania, and their dignity, did make a most
violent assault, and inflicted a great many
and divers blows, kicks, cuffs, thumps,
contusions,gashes, hurls, wounds, damages
and injuries, io arid upon the head, neck,
bieast, stomach, hips, knees, shins, and
heels of said Richard, with divers slicks,
canes, poles, clubs, logs of wood stones,
daggers, dirks, swords, pistols, cutlasses,
bludgeons, blunderbusses, and boarding
pikes,ihen and there held in ihe hands, fisis,
claws, and clutches ofhim, the said Thom
as.”
Sophomore Class in Brown University
Suspended. —For years ii lias been the
custom of the Sophomore Class of Brown
University, to “Smoke out Freshmen;” [ie]
at the commencement of each year to enter
the rooms of Freshmen aud smoke till they
became sick, • r acknowledge themselves
sick of the operation. The custom was
adhered to by the present Sophomore class
who “did the work up Brown ” Weeks
have elapsed and nothing was said of the
course pursued. Monday afternoon, how
ever, one by one were called upon to visit
the President. The following questions
were asked, First—“ Was you engaged in
smoking out ?” Second—“ Will you sign
an agreement never to engage iu anything
of the kind again?” Many were enabled
to say “No,” in leply to the first question,
but ail declined to answer “yes” to the 6e
cond. Each was, in consequence dismissed
from College. The class is united in the
determination not tj be fettered by the
stringent regulations necessarily imposed
upon them by an affirmative to tlie second
query. And, consequently, Brown Univer
sity is without a Sophomore Class, a a cir
cumstance without a parallel in the history
of that institution.— Prov. Journal.
Jonathan's Love for the Negro Illustra
ted.—There is a case now before the Uni
ted States District Court at Boston, Mass,
in which it is charged that a negro cook
on board of a whaler was tieated with
shocking barbarity by a yankee crew.—
On several occasions he was brutally bea
ten, his eye was knocked out by the mate
of the ship, and the poor creature was
subsequently kept in irons until lie, was
eventually landed, without food, on a de
sert rock of the Galapagos Islands, about
seven hundred miles from the coast of Pe
ru, and there abandoned to liis fate by the
humane and tender hearted vankee cap
tain and crew. He has lived twenty-six
days on raw crabs, sun-baked lizards,young
birds and beatie bugs, when lie was taken
by a friendly sail, and carried to Talcahuna
where lie remained in hospital seven and a
half months before he recovered sufficient
ly to travel home. Such is tlie love for
the negro race as practiced bj Jonathan—
his professions are quite another tiling.—
Petersburg Express.
The highest salary of a Givernor of
any State in the Union is paid in Califor
nia—ten thousand dollars, and the lowest
is in Vermont—s76o.
FRRIDAY, OCTOBER 22.
Facts Connected with the Tariff.
We are assured by our Pennsylvania cotempo
raries, that the recent detent ot the Administration
Democracy in that State, is traceable, among
other causes, to a general dissatisfaction with the
operations of the present Tariff- Tho same au
thority informs ns, that the returns from the iron
m tufaoturing districts, more than elsewhere, ox -
hibit a failing off in the Democratic vote. Tlie
Bankruptcy and ruin, which for the last twelve
months have swept with de claims! violence
through every condition and avenue of Northern
industry, have found a solution in Pennsylvania in
the fact that the existing tariff affords an insuffi
cient protection to American label. Something
more than a mere statement Qt the relation ol cause
and effect is necessary to command our belief m ns
existence. Obviously, the inquiry is not imperti
nent, why this result was not earlier developed.
For ten years—from 1846 to ’s6—the dmy upon
iron was thirty per cent, ad vnorem. During .hat
period hardly u word was h ard from the irjn
manufacturer on the subject of lurther protection
In 1856 it was again reduced to six per ctnt ,
making the duly 24 per cent. To this ot ji'ci'-Mi
was made at the lime, as it always is; still the
clamor was faint. Everything went along very
well unul last year, when tho crash came. Sud
denly, in ihe twinkling of an eye, il became ap
parent that the Colossus of foreign competition
h and prostrated home manufactures. Now all
this is explained simply in this w. y. During ten
years of prosperity everybody iu the North be
came dnink w ith the exniiaration ol amassing a
fancied lortane In Ihe North West tins riotous
iusauity reached its highe-t development. Many
persous. them, thought that light -hone upon no
other portion of the earth’s surface. It, aeemd
ingly, became the theatre for the most extrava
gant and visionary speculation. Men left to slug
g rds the dull rowiine of legitimate trade.and float
od on the wings of credit through the regions of
pure chance. Enormous railroad enterprises were
projected aud, with no reference to cost, fill-hi and
forward ; everything standing upon a basis of pure
credit,or on grants of public domain ata roman
tic valuation Thousands of tons of iron were
ordered and supplied, the mijpuiacturer taking
railroad bonds or oilier equally worthless seen
riiies lor payment. Tlie demand being greater
than the capacity to furnish, ho never thought of
competition, until the bubble but sled and revealed
the hollowness ol hi-hopes. The audacity with
which he now asks the country to repair the con
sequences of his own reckless improvidence is sel
dom paralleled.
But lurther, on this subject Wo hope it is no
evidence of bigotry that we have eyes ; aud in the
exercise of this excellent organ we may be excus
od for rejecting the c inclusions which pampered
nonsense would have us ad. pi. In order to make
out his claim to lurther protection, even upon his
own notion ol justice, Ihe iron manufacturer must
show that his present distress is chargaeble to the
competition of the foreign product Thi>, we
think, it will be rather difficult to do. Fortunate
ly figures, always are admirable corrective of false
philosophy, have come to our aid. A cotempo
rary tells us that “the total imports of railroad
iroD from Great Britain to the United States, for
thefir.-t seven mouths ol 1850, compared w ith those
during a like space in 1857 and 1858 are as fol
lows :
1856, 1857, 1858,
81,005 tons. 105,613 tons. 5,536 tons.
The above figures prove, indisputably, that not
to excessive importation and, consequently, not to
inadequate protection is the present depressed con
dition of the iron interest chargeable. They prove
also that ihero is no demand for iron at ibis time,
and itcannot be contended that an increase ofthe
tariff will create a demand. Tlie coincidence,
in point ol time, between the reduced duly and
general bankruptcy, was quite sufficient, however,
to r upper I an issue which contributed to the de
feat of the Pennsylvania Democracy. Thus we go.
Judge Cone’s Letter.
We publish to-day, the letter of this gentleman
to Mr. John A. Tucker, in which is considered the
eligibility of the latter to the office of Judge of the
Pataula Circuit. His opinion is in favor of the
eligibility, but bethinks that the law organizing
the Pataula t ireuit. and fixing tho term of the
present incumbent for a period lessthnn four years,
unconstitutional. He considers, theretore, that
Judge K ddoo is entitled to hold his seat for the
Constitutional term of four yea s; and that “no
election can be legally held lor Ins succession,
umil the first Monday In January I860.”
The Fair.
The Atlanta Intelligo.icer ol yesterday says:—
The Fair yesterday opened auspiciously. On en
tem.g ihe spacious grounds so well lilted up, the
visitor is forcibly struck with the amount aud va
riety ol live stock, oh exhibition Hor os ol every
kind may be seen, from the fleet racer to the
heavy draft horse. Choice specinii ns of cattle
also meet the eye, of a gr-at variety ol bre> and ; the
ino.-t liberal contributors in this line a’e Mea-rs.
R. Peters of this city and Vlr. Watts. Theswine
department too is full of interest. Some ol the
finestsp 'Cimens ever exhibited in a Southern Fair
may here be seen. The G* ats and i“h ep are ra
iher deficient, but there will no doubt be conside
rable additions in ihis respect this morning. In
the mechanical department, there are many things
rare and interesting to the visitor A small en
gine i9 on exhibition, made in Ohio, and driving
a corn mill—working most beautifully- The la
dies department is well represented Articles of
domestic manufacture, from the coarsest and
most useful to the finest and most ornamental,
may be seen in vast profusion. The fruit andjveg
etable department i? also well sustained. The
fine arts have their representatives in large num
bers. The paintings are most beautilul and ele
gant. There you will find most striking likeness
ea of Ex Gov. Troup, Gov. Joseph E. Brown,
Dr. George D. Phillips, Col. O. A. Lochrane, B.
H. Hill, and a number of others, the originals of
which are unknown to the writer. Mr. John
Usher has also on specimen of one
of his “Quaker City Sewing Machines,*’ the chea*
past, simplest, and most efficient now in market.
John Quack is also encamped on the grounds
with a choice variety of refreshments, which he
oilers to visitors on the most liberal terms. Our
space only enables us to take a bare glance at tho
novelties of the Fair, the most interesting ever
held in Atlanta. A respectable number of visitor
are in attendance. To-day and to-morrow, a
multitude are expected.
The Elections
Later returns from Ohio, Indiana and lowa are
a little more favorable to the democracy. It is
now claimed that eight democrats have been elec
ted to Congress from Ohio instead of four, as at
first conceded
That the democratic Stale ticket is successful
in Indiana by some fifteen hundred vote<; and
that we have elected four members of Congress in
stead of two, in that State.
And further, and better still, that we have car
ried lowa by a handsome majority, turning out
of Congress the two Black Republican members
that now disgrace that State.— Mont. Confedera
tion.
The assessed taxable property of New Or
leans, for the year 1858, is $107,57t’ 1 %3 Slaw
aro assessed at §6,104,385—an increase of $200,950
within the lari year.
03f"The Savannah Republican has received a
sfoc men of wrapping paper, m de from ihe Chi
nese sugar cane, at the m 11 of Ashbury Hull Esq.
Athena Ga., and pronounces it a very good
tiftlt.
PEYTON H. COLQUITi, { Editors
JAMES W. WARREN, \ Edltors ’
Number 42
FOR THE TIMES.
Letter from Hon F H. Cone-
Gkeenesboro. Georgia. >
October 18tfi. 1858. \
To John A. Tucker, Esq ,
1 have received your letter asking mv opinion
as to ycur eligibility as a candidate lor the office
ol Judge of the Superior Courts of the Pataula
Circuit, at the electioa to be held on the first
Monday in January next. The facts I understand
bom your letter tbe these : You are a member
oi the Senate- > our lerm ofservice will not ex
pire until ihe fir.-; of October 1859. Th* term of
die present iocmnbe t ex, ires on ;|ie first Mon
day in Ociober 1859.
The question arises upon the eleventh section of
the first article of the Constitution.
1 hat section, so lar . s u has ai y bearing upon
ti e question, is in the following words: ‘‘No per
son holding any military commotion or otlu r ap
p liniment, having any emolument or compensa
tion annexed thoieto, under this Siaie*or die United
States, or oi>her ofdmn, (except Justices of the
Inferior Courts, Ju-rices of the Peace and officers
ot ihe Militia,) * * ** shall have.a seat in either
branch ot the General Assrmb y, nor shad any
Senator or Representative be elected to any offi e
or appointment by the I < grid attire, having any
emoluments or compensation annexed ih reto,
during the time lot which he shi'l have been elec
ted, wirii the above exceptions, uoie.-s he shall de
cline accepting his seal by notice to the Ex cuuve
within twenty day* : er he shad hive b on elect
ed, nor shall ye* üb*r,af er hiving taken his
seat, be eligible to say of the aforesaid offices or
appointments during the rime for which he shall
have been elected.”
The Constitution of 1777 which was framed
within lessthnn on e year after the Declared q of
Independence, contains the following prov tion
.upon thin subject:
“No person bearing ar y post of profit under thi*
State, or uny -person bearing any
rnission under this or any other Stale or Slates,
Fhall be elected a Representative. Aid if any
Representative shall be appointed to any place of
profit - r n litary commission which ho shall accept
his seat shad immediately become vacant, and ne
shall be ii qrnble of re election whilst holding
such oflic-” (Watkins’ Digest, 10. 11 )
The Cos itution ot 1789, contains a very similar
provisit n l Waikins’ Dig*’."!, 26.)
These pn visions of these several Constitutions,
show very c eary that ih-peop'e ufbeo g a never
intended that any member of the Legislature
should ai a y time hold an office oi emolument or
ccmpens tn si, aud that is the solo object of the9e
provisio , nd so far as 1 kn w, the practice oT
the Gov in tent has been strictly in accordance
with these | rovisions.
If the qm tion was submitted to me whether a
member < t the Legislature can hold the office of
Judge of im Superior Court, 1 should unhesitating
ly answer, hat he could not. But that is not the
question no ented in your letter. If you are elec
led, yon a iil not hold ihe office—you will not be
a Jude ihe Superior Court—you will not pos
sess any ol the functions nor discharge any of the
duties of hat office, nor receive any of its emolu
ments, until after your t rin of service as a mem
ber of tho Legislature expires.
The j rc cut incumbent, (us you say) is entitled
to hold b * office until the first of October 1859.
You are • lected as his successor, you cannot be
Judgo <’! the Superior Court until his tune expires.
You bav3 then ceased to be a member of the
Legi?': tire You are then e'igible, and my opin
ion is, that if you areeligibie at ihe time you be
come Jo Ige— at ihe lime that you assume the. du
ties o! the office; it is all that the Constitution re
quires.
In the 11th section,the word holding is used,
showing that in older to disqualify a person from
taking I is seat as a member of the. Legislature, lie
must fe* in die possession of tha office, in the en
joyment of its emoluments.
The latter part of the same section says; * Nor
shall any n ember, alter having taken his seat, be
eligible to any of the aforesaid offices or appoint
ments during the time for which he sh ill have been
elected.” What is the meaning of these words,
“eligible to any of the aforesaid offices'?” clearly,
shall not be eligible to hold any of ihe aforesaid
offices, and giving the words this meaning, is in
harmony With the previous part of the section—
and this construction fully effectuates the h.tention
of tho framers of the Constitution by excluding
from the Legislature,all persons who hold olfices
of emolument.
The framer? of the con-titution never contem
pl ted the idea of electing Judges ot ihe Superior
Court or other officers, for a long period in v,o s
io their entering upon the duties of their office.
Tne necessity for this has grown mainly out of
tho Act of 1856, which ueclares that the elections
for Jucigv-s of the Superior Courts shall be held on
the first Monday in Januaty. The term of ser
vice of many ofour Judge- exp:;e> in November,
and in i.rder to prevent a vancancy their succes
sors must ba elected <>n the January previous, so
that a person is Irequently elected some ten months
previous to the time when his term of service com
mences-
During this time and previ us io his entering
upon the duties of his office, I arn of opinion ihnt
he is not a person holding office within the mean
ing of this Section of the Couati.utiou. My opin
ion is that his eiegibirity depends not upon the
t me of hi& election, hut upon ihe time of his enter
ing upon lh* duties of his office. 1 am therefore
ol opinion that as you cannot cnier upon the du
ties of Judge of the Superior C uts of the Pataula
Circuit, until alter your term of service a a mem
ber of the Senate thall have expired, that you are
constitutionally eligible a9 a candidate for that of
fice at the election to be held in January next
But there is another question connected wiih
this matter, which in my opinion render* it wholly
unnecessary to decide the q lestion whelh r you
are eligible or not- In looking at the Act or
ganizing the Pataula Circuit (Laws of 1855 and
’56, page 216) it is provided by tlie 2nd section of
the Act that an election tor a Judge of the Supe
rior Court lor said, Diririct, shall be held on the
first Monday in April next (1856) and that he
shall hold his office from his qualification, and for
three years after the first Monday in October next,
(1856)—this makes the term of service about three
years and six months.
Now the first .-ection of the third article ol the
Constitution declares as follows “ I ho Judges of
ihe Superior Court shall be elected lor the term of
four years, and shall continue in office until their
successors shall be elected and qualified.”
The Legislature possessed no power whatever to
alter this term of service, the Constitution has
placed it entirely beyond their control. If they
can prescribe the term of service of a to be
three years and six months, fhey can prescribe one
year, or any number of years. I am therefore of
opinion that the present incumbent is entitled to
hold his seat for the period of four years, which I
supp se will expire in the month of April 1860, and
that no election can be legally held lor his suc
cessor until the first Monday in January 1860.
In looking at the Act organising the Tallapoosa
Circuit, ihe filth section prescrineaihat an election
shall be held for a Judge of the Superior Court of
said District, on the first Monday in January next
(1857) who shall hold his office until the first Mon*
day in October 1859—that is that he shall hold it
for about the term ol two years and nine months.
Now the Legislature possessed no power to fix
any time during which a Judge ehail hold his office,
other than that prescribed by the Constitution, four
year*. The present incumbent therefore of this
Circuit is entitled to hold his office until January
1861, and no ejection can legally be held for his
successor until January of that year.
I make these remarks in relation to the Talla
fio; sa Circuit because I have been written to in re
ation to that Cirauii, and 1 wish ihis letter to be
considered as an answer to ah who have written
me upon the ft object.
Your friend.
FRANCIS H. CONE.