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THE GEORGIA WEEKLY TELEGRAPH.
J3f“ Sonic idea of the amount which the
cotton planters will have to pay under the
proposed impost on that staple may he form'
e l from the fact that the two cent, internal
revenue tax on cotton has realized xlio follow
ing sums from August last up to the end of
May: Macon district, two million dollars
Augusta cistrict, one million dollars; Savan-
nrh district, three hundred nnd sixty thou
sand dollars; Atlanta district, two hundred
and eighty thousand dollars; a total of three
million six hundred and forty thousand dol
lars in nine months.
Scnoou—We talco great pleasure in an
nouncing to the citizens of Macon that they
have an excellent opportunity of sending
their sons to school during the months of
summer, when generally our schools are clos
ed.
Mr. D. D. Wade, from Virginia, a gentle
man of fine capacity, unexceptionable charac
actor nnd excellent ability as a teacher, will
continue the exercises of his school on the
corner of Oak and Second streets, all the sum
mer. His charges are moderate—only §3
per month.
Mr. Wade served all during the war, and
having lost everything, enters upon the du
ties of an instructor for a support. He lias
been in our city for some months, engaged in
teaching, and has given satisfaction ; and we
hope that ho will be encouraged to remain
among us by our citizens embracing the op
portunity he affords their children for in
struction.
Look Out for Hut!—A Fort Gaines cor
respondent requests us to ’‘pass round,” as a
•‘graceless scamp,” a man named “Conway,”
who has recently been engaged in tbe work
of espionage and mischief in thnt community,
under the pretext of having been a Confed
erate soldier. He first played gentleman un
til his money gave out, then turned stencil
cutter, nnd finally came out a full fledged bar
ber. Our correspondent, whose letter is too
long for insertion, adds:
“His total ignorance of the department of
the brush and wig, soon raised suspicions^
the minds of the more thoughtful, as to his
truo character. lie had a great penchant for
the society of negroes, nnd Ids degraded shop
soon beceme the trysting place ot myriads of
those easily duped wretches, whom this fiend
had marked out for corruption. By false
hoods and base representations, he bad scat
tered the 6eeds of discord into their midst,
which were upon the point of germinating in
to weeds, the fruits of which might have been
as poisonous to them ns that of the Upas tree.
But fortunately he was induced to quit our
place and seek shelter at Eulaula, where his
evil genius also followcfl him, and soon an
indignant populace drove him from therefor
tampering with negroes. We are sorry to
learn that lie is loitering around our neigh
boring city of Cuthbcrt.
“It is high time that these Yankee emis
saries were looked after. Our laws forbid their
interference, nnd it is not a part ot the busi
ness of the Federal Government to wink at
their misdeeds. Since leaving here, Conway
has acknowledged that he was a Yankee.”
THE PROPOSED NATIONAL CONVENTION-
SHOULD THE SOUTHERN STATES BE REP
RESENTED »
In publishing, some days ago, the call for
a National Union Convention to assemble at
Philadelphia in the month of August proxi
mo, we purposely declined to advance any
opinion os to the propriety of a Southern
representation in that body. Our mind was
not fully made up on that point, and we de
termined to say nothing either pro or eon. un
til we should be fully satisfied of the justice
and wisdom of such advice as we might feel
it our duty to give.
The question is, by no means, free from
difficulty; yet, after mature reflection, we
think we have hit npon our true policy, in
spite of the many obstacles that lay in the
path we had to travel.
It is the dtny of the statesman, in discussing
and acting upon great public questions, to be
practical—to discard all ot prejudice aud
much of feeling; to seek the greatest good of
his people, and sccare it if possible, even
though it should be done at the sacrifice of a
little pride of feeling and opinion. The pub
lic welfare should he the great object of his
aim, and should this be accomplished, it is
no objection to the victory that it was won
by sacrifice and in the midst of difficulties.—
In the triumph these arc forgotten, and he has
the gratifying consciousness of having done
the best possible under all the circumstances
tor his people. This is the highest attain
ment of which he is capable in his representa
tive capacity.
We do not propose, in the brief limits pre
scribed for this article, to go into a detailed
ctatpmont of tho present, actual condition of
the South. Suffice it to say that through no
present fault of her own she finds herself pay
ing tribute and homage to a government, in
which she has no voice or participation. The
blessings and privileges enjoyed by other
States of the Union, under the Constitution,
are denied her. The knows the government
only through its burthens. It is equally true
that a large party exists in the country, and
now have possession of the Legislative De
partment of the Government, that is resolved,
if possible, to keep her in a state of subjec
tion and vassalage, and, by certain changes
in tbe fundamental law, render her people
perpetual “hewers of wood and drawers of
water,” to a fanatical majority at the North,
composing, perhaps, onc-tliird of the people
of the United States.
The great desideratum of tho present day
is to rid the country of this anomalous, op
pressive and anti-republican condition of af
fairs. If it be practicable, and we
think it is, the South should allow
no obstacle that is not positively
insuperable to prevent her free and cordial
co-operation in the movement. Granting
that the people are right, there is but one way
in which this revolution can be effected, and
that is by the union of tbe friends of the
Constitution and free government against the
would-be destroyers of both. Hitherto, ow-
rights, interests ana dignity of their con.
gtituenta.
In view of these considerations, we arc of
tho opinion that all the Southern States
should take steps to be represented in the
Philadelphia Convention. The President de
sires it, and our interests demand it In our
judgment it will result in a glorious reunion
of a divided people, and the early and
complete overthrow of the enemies of the
Constitution, Let us send able, discreet and
moderate men to represent us, neither ultra-
seccders, nor ultra-unionists, but such as can
cordially affiliate with conservative men of
the North, and work with them in harmony
for the public good. We believe they will
be cordially met, asked no questions at the
door, and that their deliberations will result
in great and permanent good to our divided
and distracted country.
There may be some objections to this
course, but they are mainly of feeling, and
should give way to the promptings of sober
judgment. They arc os but a feather in the
scale compared with such grand results as the
defeat of the revolutionary spirit of the North,
the salvation of the South from the fate pre
pared for her by her enemies, and the revival
of constitutional liberty from the tomb to
which bad men have consigned it. It is of
first importance that entire harmony should
exist among our people on this subject, and
we hope to sco all preconceived prejudices
sacrificed on the altar of the country.
To the South, down-trodden, oppressed,
and powerless, this is a golden opportunity.
She cannot reject it and be faithful to tbe
country, to her best friend the President, or
to herself.
. Horrible !—The Louisville Journal, refers
to a poem by Sirs. Virginia French, publish
ed in “The Home,” a weekly paper at Atlan
ta, and which, it says, “breaths the very fires
of perdition.” The Journal adds: “That we
do not use too strong terms, let the following
lines from it show:
“Sow wltlisalt” the smiling valleys, and on every
breezy height
Kindle bale-tires of destruction, lurid ou tbe sol
emn night;
He may sacrifice the aged, and exult when Woman
ataoda
’Mid the sunken, sodden ashes ct her home, with
palsied hands
Drooping over bnngercd children. Man may thus
immortalize
nia name with haggard infamy—his watchword—
“Shermanite!”
If the Journal thinks the bare recital of
these horrible events “breathes the very fires
of perdition,” what has it to say for the events
themnehe* ! The portrait is a faithful one of
what actually occurred in Georgia when
scourged by Sherman.” Tbo Journal asks :
“What do the writers of the South, male and
female, mean? Why, they simply mean that
the world shall know the truth. Is it unlaw
ful to tell it, or aro you airaicl ot it ? You
cannot deny tho /art*, why wish them sup
pressed? We suppose Dr. Craven's book
“breathes the very fires of perdition,” too;
and also the testimony of Commissioner
Ouid, who offered the sick and dying Federal
prisoners to their Government without ex
change, and it refuted to rereire them / These
recitals ot facts do “breathe the very fires of
perdition,” ns alleged by the Journal, for it
was just such fires to which the people of the
South were subjected—and perhaps it is
just such fires that arc in store for the authors
of their wrongs at the hands of public opin
ion.
HONORS TO THE CONFEDERATE DEAD.
Lest some Southern man who holds office
under the Government should have dropped
a tear upon the grave of a son or brother who
fell in the late war, Congress, some days ago,
adopted n resolution calling on the different
departments for “information as to whether
any of the civil or military employes of the
Government have assisted in the rendition of
public honors to tho rebel living or dead.”
The answers of the Cabinet officers are given
in brief as follows. We would call particular
attention to tbe malignant venom contained
in the answer of Mr. Harlan, Secretary of tbe
Interior:
The Secretary of State says he lias no know
ledge or information on the subject of tbe
resolution.
The Secretary of tiic Treasury makes a sim
ilar reply.
The Attorney General remarks that his de
partment has no knowledge of such disloyal
demonstration on the part of any officer sub
ject to its jurisdiction, and lie believes that
nono such has taken place.
The Secretary of War says his department
is not in possession of any official information
upon the subject.
The Postmaster General says he has no in
formation upon any branch of tho inquiry so
far as it may relate to the officers and em
ployes of his department
The Secretary of the Interior says: “ None
of tho employes of this department, so fur as
I am advised and believe, within the State of
Georgia, or any other of tho rebel States, have
m any way countenanced or assisted in the
rendition of public honors to traitor*, cither
living or dead, or concurred in tho obstruc
tion or denial by tho rebel authorities of the
privilege of doing like honors to loyalty at
the graves of Union soldiers who have perish-
od far from their homes and kindred.”
EiTAn article in an exchange paper, an
nouncing the decease of a person, says: “His
mins were committed to that' bourn
ingtothe peculiar condition # of parties and
the mad passions of the times, this lias l>ecn
impracticable. A week ago, when it was
briefly announced that a call lmd been issued
by leading conservative Republicans for a
National Convention at Philadelphia in sup
port of the President's policy of rcconstruc
tion and a strict adherence to the Constitution
for the future, and in which all the States
were invited to participate, we confess
that we felt a throb of patriotic delight.
The time had at hist arrived when the real is
sue would be fairly and squarely made be
tween the friends and tlie enemies of
the government of our fathers. The
only damper to our joy has been
the peculiar phraseology used in the
call—which is not complimentary to the
Southern people—and the terms which it
prescribes os conditions of admission to tbe
deliberations of the Convention. The plat
form laid down, in all essential respects, is
wise, just nnd beneficent—indeed, all that tbe
South would ask or desire. The restoration
of the Constitution over all the States—the
perfect cqunlity of the latter in all respects—
the right of each State to tho exclusive con
trol of the question of suffrage and its own
domestic concerns—peaceful measures now
that the war has ceased—opposition to cen
tralization and the rigid conformity of Con
gress to its delegated powers—a revival of tho
era of harmony and good feeling between all
tbe people of a common country—these arc
ends worthy the aspirations and the efforts
of every patriot.
It is to be regretted, however, that the
committee, travelled out ot the road of duty
by characterizing tbe late war for independ
ence as a “rebellion,” and setting forth os
essential certain dogmas of politicel construc
tion on questions that have been finally set
tied so far as action is concerned, in tbe re
sults of tbe late contest. These propositions
are purely abstract and speculative, having not
the least bearing upon the present condition
of the country and the great duties of the
hour. Men will always entertain speculative
differences on those points, even while they
may be perfectly agreed in all matters con
nected with a safe administration of the Gov
ernment. The South has almost unanimous
ly held views at variance with those advanced
by tbo committee; but whilst we agree that
they have been finally settled and that tbe
decision is binding, it is a gratuitous attempt
at imposition when anybody comes forward
and would compel us to acknowledge os
error what we believed to be right, and yield
up, even in the abstract, tlie maturely formed
convictions of common reason. In this, the
committee clearly exceeded their authority
and noliody is hound by their dictum. It has
nothing to do with the great object in view,
for, so long as Southern men do not insist
upon their own opinions of constitutional
construction, but are unwilling to abide by
tbe opinions of tbe majority, no man has
a right to call the former into question.
The Convention at Philadelphia is design
ed to uphold tho constitution and maintain
the cause of civil liberty throughout all this
country, and especially at tho South where
both havo been overthrown. It is designed
to hold up the arms of the President in a war
against a faction that would inaugurate a
centralized despotism over these States. The
Southern people have a deep interest in this
struggle—they are the friends of the Presi
dent and intend to stand by him to the last—
we therefore maintain that it is as much their
Convention as anybody else’s, nnd no six men,
as a committee or otherwise, have the right to
exclude them by irrelevant issues or unreas
onable conditions. It is a People's Contention.
not the convention of Mr. Senator this or 31 r.
Representative that. "When they meet, it will
be theirs to decide who arc nnd who arc not
qualified for membership. Upon their action
in tliis particular the representation of the
Colton—Cnn ft bear a Tax f
The recent consideration ot the proposition
imposing a tax of five cents a pound on cot
ton, has evoked many interesting statements,
and much valuable information. Contribu
tions on tbo subject have been made by men
of all classes and sections—the Northern
capitalist, merchant and manufacturer, and
the Southern planter. Among the latter we
find in the National Intelligencer, a communi
cation from Milton Brown, Esq., of Alabama,
wlio says correctly that a great mistake pre
vails in the North with reference to the profits
of cotton planting and the power of cotton
to stand taxation. Cotton can no more stand
taxation than corn and wheat, or any other
product of the soil. Labor, if left alone, will
engage in whatever is found to return the
best compensation. The present price of cot
ton is due chiefly to the fact that the supply
is not equal to the demand.
The system of production being disorgan
ized, it follows as a matter of national impor
tance tbat labor should bo sent back to tbe
cotton fields os rapidly as possible. Taxing
cotton simply-because it bears a high price is
obviously nn unwiseasit would be to tax corn
when there has been a failure of the crops,
or to tax pork because the cholera may have
reduced the number of hogs.
The average nett profit from capital invest
ed in tbe cultivation of cotton for years be
fore tbe war, was less than four per cent.—
Southern wealth accrued, therefore, not from
raising cotton, but from raising negroes. A
negro girl married at fourteen, would by the
time she was thirty, have children worth five
or six thousand dollars, while her labor and
tbat of her husband would more than sup
port the family. This increase was fully
equal to ten per cent., and it was this which
made up the largest portion of the apparent
or delusive income of the South. In proof of
this a majority of planters did no more by
their crop's than pay their annual expenses.
Some even failed to do this, and were forced
to sell one or more negroes every year to set
tle balances against them. Yet, by tbe rapid
growth of negroes, the convertable value of
their estates was constantly increasing. From
these facts it will be observed that the two
sources of income so very distinct from each
other, were naturally confounded in tbe pub
lic mind. The planter said to be worth
hundred thousand dollars had tbe credit of land. Especially should they reverently lived
making it by raising cotton, when in truth, tbe example and instructions of such apos-
he made it by raising negroes. tolic messengers as tbe Reverends Fitz and
Now to the main question Slavery being Janies, of the Freedmcn’s Bureau,
abolished, cotton stands alone. Labor being The States of tlie Union, also, contrary to
unreliable, wliat are likely to be the profits of the understanding of the framers of the Con
cotton raising under the new condition of stitution, and to the generally received opin-
things ? The answer may be given in a sen- ion, being the mere creatures of the Federal
tence. The profits will not be greater separ
ated from the increase and growth of negroes
than the profits made on wheat, com, mules,
cattle, etc., in the free States. Hence, culti
vated by labor, as it must be, tbe staple thus
produced will bear no more taxation in the
South than equivalent articles produced by
free labor in tbe North. The imposition of
such a tax before the war could not have been
borne, much less now when white meu and
women have gone into the fields to supply the
places ot ireedmen who refuse to work. Fi
nally, in the language of 31 r. Brown, we “pray
God tbat an American Congress may never
establish tlie principle of imposing taxes on
any agricultural product received from the
bosom of our mother earth as the reward of
honest labor.”
Contracts for tiie Payment of Gold to
be Enforced in Baltimore.—Judge King,
of tlie Circuit Court of Common Pleas in
Baltimore, has just rendered a very important
decision. It is as follows:
rency—and place it on a level with gold and
silver, when the inflexible laws of trade made
a fundamental distinction between them, is to
accomplish a legal fraud. The net of Con
gress may therefore well apply to all cases
where the payment of the debt incurred is not
expressly reserved in gold or silver; but con
tracts for the payment of gold and silver coin
ore still valid and binding, and it is the duty
of the courts to maintain them inviolate, and
to render judgments in them so as to enforce
them in good faith.”
Unknown.—The following is a list of the
“unknown” Confederate dead at Gettysburg.
They have neither the State nor command in
dited upon tbe inscriptions of their graves:
Capt. Win. R. Bi&scll, Geo. Nutting, Lieut.
Blumc, Sergeant B. F. Dickson, D Boswell,
m L. Nicuols, (aged 19 years,) Sergeant D.
O. 3IcDnffie, H. II. Andrew, W. P. Casey, E.
F. Prince, G. B. Whiteficld, R. B. Franks,
Capt. W. T. Palmorc, (battery,) Miller, Lieut.
W. R. T„ J. II. Kiracfc, R. Pilcoc, D. Wood,
Lieut. Tiffany, Capt. Carthnm, C. W. Clay, J.
II. Beeler, Lieut A. W. Sweetly, A. J. Bryanca,
F. Ouaick, J. W. South. Corporal Bede.'W. C.
G , J. E. 3Ierryman, n. B. Slade, J. W.
Ramsey, Capt. C. 3L Ballard, E. G. A. Tlieb-
edue, J. W. Stockton. A. J. Williams, S.
Lasister, James Brown, James S. Goals, Lieut.
J. G. Slioup, Lieut G. A. Howza, E. C. Jar
man, S. Donley, Lieut R. W. Bailey, E. M.
Dearing. Lieut. J. W. Cheesboro. J. 3L Gilbert
Remarkable Bridge.—The chains and
iron work of the Charlotte and Columbia rail
road bridge over the Catawba river, South
Carolina, are made from the muskets, bayo-
netii, shell, &c., picked up on Virginia battle
fields, and which were stored in the Confed
erate armory in this city when the building
was burnt at the time of the evacuation. Tiie
iron was bought by 3Iessro. Joseph R. Ander
son & Co., of the Tredigar Iron Works, as
scrap iron, and by them worked up into ca
bles, Ac., to fill an order for this bridge.
par"Anna Dickinson says tlie first money
she earned was by scrubbing sidewalks in
Philadelphia, uml she bought a ticket to hear
Wendell Phillips lecture with it.
What three words, which read either
backwards or forwards, did Adam use when
whence no traveller returns attended by ’ Southern S.atea can determine whether thty ■ |, u introduced Iiiuisell to Eve? Madam I'm
iriCndS," * ■ -•> m»in a*• ***** AAm-'i>f♦ 1 *• I 4
'can remain or not consistently with the j Adam.
Discourse ou Loyalty.
The following article on the term “loyal”
is from the pen of a Washington correspon
dent of the St Louis Republican. It is
good:
Until the accession of the Uack dynasty in
1861, the use of the word lotolty, as applica
ble to political relations oi duties in this
country, was wholly unknnvn. We often
read in the newspapers royil and imperial
speeches and proclamation from foreign
monarchs, to their loyal suyects; but since
the day when George in.-eased to address
to our ancestors such patomal language, it
had been cxpungecL from *ur republican vo
cabulary, as wholly obsobte in its political
application. The dictimaries define its
meaning to be “fidelity t> a prince or sover
eign,” and as no such dgnitary, since 1770,
could claim ourt'xllcgiajce, there_ seemed to
be no propriety in adhoing to this dead for
mality of royal grace aul power. We fondly
supposed that under tin new order of things
established by our fathers, the people were
sovereign, and tbat tly Government they in
stituted, and the ruler* they elected, were but
tbe instruments and iervants of their will—
not their masters. It seems, however, in tbe
advancing light of tie new era which dawned
on us five years ago,shat wo were mistaken;
and that among themany invaluable reforms
accomplished by tip wise and cxcmplaty pa
triots who have reijned during the period, is
the re-inaugurationof the idea so obstinately
maintained by Kiig George and by royalty
generally, that theruler is the sovereign; and
tbat tlie people who elect him are his subjects,
and owe him fealy—must yield submissive
and unquestioning obedience to bis will.
The revival of mis ancient and kingly doc
trine among us hts very naturally caused a re
turn to its appropriate forms of expression
and hence this almost forgotten word, loyal
ty, has suddenly become the most conspic
uous and indispensable representative ot tlie
Northern ides, whose dissemination and uni
versal acceptance is now a public necessity, as
it is of course a supreme public blessing. We
now have loyal men, loyal merchants, loyal
doctors, loyal preachers, loyal churches, loy
al courts, loyal judges, loyal leagues, in short,
everything and every person without a loyal
prefix is tainted with treason, and ought at
once to apply for a pardon or be hung.
Nor is it enough that you support and de
fend the Constitution and the Union, unless
you also hate everything and everybody South
of tbe line 30 deg. 30 min., and pray fervent
ly tbat Jeff Davis and his adherents should
be “ shut cp in tbe penitentiary of hell, and
kept there by bayonets;” unless you love New
England, are a member of her mutual admi
ration society, and accept her teachings, po
litical, social and religious, as a divine inspi
ration ; unless you think that the cotton, gold
watches, plate, jewelry, pianos, wardrobes,
&c., of Southern rebels are the lawful prize of
her soldiers and Christian missionaries; un
less you heartily rejoice over the plunder and
desolation of Southern homes, the burning
and sacking of Southern cities, tbe dcstruct
tion of their public buildings and archives,
tbeir churches, scats of learning and asylums;
unless you accept Butler as n true type ot he
roism, 'honesty and humanity, and Chearer
and Brownlow ns saints; unless you are will
ing for the colored brethren to ride with you
in'the cars, vote with you at the polls, eat
and sleep with you at hotels, sit beside you
in churches, at operas, theatres, concerts
and lectures, dance with you at balls, and rep
resent you in the balls of Congress, State Le
gislatures, and in all public agencies; unless
you favor negro equality, social and political,
in general, and negro domination over the
Southern States in particular; and. in fine,
unless you are a radical Black Republican, you
are not loyal.
Loyalty is a duty which an inferior owes to
a superior, and hence it is essential that the
South should, as evidence of her loyalty,
meekly receive the Northern idea as tlie great
est earthly boon; and most humbly repent of
tlie monstrous crime of ever having indulged
any doubt on this subject. As a further
atonement, the rebels must welcome to tbeir
hearts and firesides the host of upright and
pious missionaries and teachers, male and fe
male, whom Northern benevolence lias recent
ly sent among them to inculcate this idea, nnd
thus dispel the more than heathen darkness
and barbarism that broods over that accursed
Minute of Points
pie elsewhere, we make this appeal for aid
well knowing that as Israelites aud true pa-
triots, they will not refuse to assist in rearing I Decided by the Supreme Court at MilledyetiUc,
a monument which shall serve not only to
comemoratc the bravery of our dead, but the
gratitude and admiration of the living for
those who nobly perished in what we deemed
a just and rigteous cause; and while, as Isra
elites, we mourn the untimely loss of our be
loved ones, it will bo a grateful reflection
tbat they suffered not their call in vain.
In time to come, when our grief shall have
become, in a measure, silenced, and when the
malicious tongue of slander, ever so ready to
assail Israel, shall be raised against us, then.
Georgia.
June Tebm, 18G6.
[Continued.]
Amos 1 Indictment for furnishing
vs >■ slave with spirituous liquors.
Tiie State. ) From Talbot.
Walker, J.
1. That the person to whom the liquor was fur
nished was a negro, was prima facte evidence that
he was a slave.
2. If the accused was owner, overseer, or cm
with a feeling of mournful pride, will we point j ployer of the slave, that was matter of defence, and
to this monument and say, “There is our re-1 tne>ntt« w ^toor tt4_SUtoto
ply.”
Mbs. Abraiian Lew,
Corresponding Secretary of the Hebrew La
dies’ Memorial Society
Walker, J.
An instrument recited that two Attorneys .
employed by the maker, and went on tbns- ■»*!*
promise to pay, give and allow them fire hnni
dollars dollars each to be paid at the end
litigation. * * * Said amount to be taiSf
divided between them.” Held that the iirmtS. ‘J
of the two fees were five hundred dollar*
one thousand dollar?.—Judgment Reversed 1 #0 ‘*
Rivers for plaintiff.
Briscoo for defendant. * ,
Pierce,
vs.
Hicks.
fend
Trespass. From Wilkinson.
Harris, J.
| affirmed.
Bctbuncfor plaintiff.
Solicitor Gen’lforthe State.
Murder. From Butts.
Wise
vs.
The State.
Lumpkin, C. J.
L Section 3165 of the Code as to advertising the
From tho Baltimore Sun.
No Title Acquired in Property Won nt a
Raffle.
In the Court of Common Pleas on Friday, U
before Judge King, the case of C. Miller I adjournment of the Superior Court is directory to
against Herman Statzenbacb, on appeal from tho Clerk, and if not complied with, still theCourt
Justice Showacre, was heard and determined, may bo held at the time fixed nReordermfoffiourn-
This was an action of roplovio, brought to ^”
obtain possession of a sewing machine, al- 3. The plaintiff in error was not injured by such
leged to have been won at a raffle by Stat- omission in the present case,
zenbacli, and wrongfully delivered to Miller. I 3. Though the charge of the Court on tbe subject
Justice Showacre decided in favor of Stab-
zenbach, and Miller appealed. The raffle was ££* be g^ted^Jndgment affirmed,
gotten up by Joseph H. Hoffman, and took Dovat& Beck, for plaintiffin errors*
* 4 # —*-• -• * ** *• ■* * ITAmmArwl QaI fnrdofoiwlnn
place at Strauss’ lager beer house, on South
Charles street. The question in thi9 case was
whether 3Iillcr’s ticket No. 2, or Statzenbach’s
ticket, No. 8, won at tlie raffle. The evi
dence was conflicting. Judge King decided
that the law was clear that no person can main
tain an action for the possession of property
the title to which is based upon the pur
chase of anything in the nature of a lottery
ticket He should, therefore, reverse the
iudgment, and give judgment for the return
of the property to 31iller, who held it subject
to the claim of Hoffman, who was the true
Hammond, Sol. Gen’lfordcfendant
Orb, )
vs. J- Simple Larceny. From Hall.
The State. )
Walker, J.
The verdict in this case was not authorized by tbe
evidence. —J ndgment reversed.
Johnson and Lester & Bell for plaintiff in error.
Solicitor General for the State.
Parker
vs.
> Simple Larceny, from DcKalb.
owner. Judge King read from tho code of The State. )
public general laws, sections 107 nnd 119 of Lumpkin, C. J.
article 29 which areas follows: 1. A juror answering “that he was not satisfied
Sec. 107. No person shall draw any lottery that ho was perfectly impartial—that he had
or sell any lottery ticket in this State, nor partiality in his mind; but explaining “that he
shall any person sell what are called policies, did not personally know the prisoner or the facts
ccrtito,*, o, M5 tbi ?g by which the vendor <gg%£ : f S
or other person promises or guarantees that the off he ’ was pre j ud iccd ” is not incompe-
any particular number, character, ticket or tent.
certificate, shall, in any event or on the hap- 2. In charging the jury on the subject of con-
pening of any contingency, entitle the pur-1 fessions, the law applicable to hope as well as to
chaser or holders to receive money, property, I fear, ought to be stated, if the evidence calls for
or evidences of debt. . I" 3. The Judge ought not in any case to say to
Sec. 119. The courts shall construe the pro- ttie j ury “the defendant is guilty and you ought
visions relating to lotteries liberally, and shall to find him so,” even though it be not stated ab-
adjudge ali tickets, parts of tickets, certifi-1 solutely, but conditionally upon tbe existence of
cates, or any other devices whatsoever, by certain facts, and the finding of thoso facts be
which money or any other thing is to be paid referred exclusively to the jury,
or delivered on the happening of any event The verdict ,n the present case was right
.. • .* . .- , I upon the evidence, and the errors of the Court
or contingency in tlie nature of a lottery, to t guch M ^ call for a nevr trial.-Judg-
be lottery tickets. ment affirmed.
■ Candler and Barnett & Bleekley for plaintiff.
Josh Billings on Love.—The only natur- Hulsey, Sol. Gen’l, for the State.
al feeling the young heart possesses iz love.
It iz the first good thing the heart duz, and Boyd
A contract for the payment of a debt in
gold and silver is unquestionably a legal con
tract, and to estimate tbe damages in caso of Judges, aud restore the Union to a loyal con
a breach in another currency—a paper cur- dition.
power, owe loyalty to the latter; and the peo
ple, being the servants and subjects of both,
owe them both loyalty.
Tiie only loyal men and the only loyal
States now arc those who sustain the patriotic
measures concocted in the conclave ot the
Congressional star-chamber. The Supreme
Court is no longer loyal, because it had de
cided that Military Commissions and Federal
and State oaths have no constitutional war
rant ; and because it presumes, without au
thority from Congress, to hear nnd deter
mine causes to which rebels are parties.—
Congress is the only loyal department of the
Government; and should the people, the here
tofore submissive and passive servants of Rad
ical sovereignty and patriotism, dare to return
to that body, in the comingelection3, a major
ity of copperheads and conservatives, lot,
ally will be extinct in tbe Federal Admin
istration; and then the loyal leagues and
wide-awake clubs, under the command of
that loyal hero Gm. Butler, will be compel!
ed to seize tbe reigns of poiyer, and, nftorthe
manner of innumerable precedents establish
ed under tlie auspices of Radical liberty, oust
the President, Congress and the Supreme
in after life it iz often the only good thing it
duz.
There iz no posatif virtu m love, and yet it |
may be tbe result ov the holyest ov virtues.
But thare iz, in this life, a vast deal ov
Pontoon love, that has no more virtue in it j
than wooden nutmegs hav.
vs. > Habeas Corpus. From Harris.
Glass. ) x
Walker, J.
In a contest for the custody of a minor, be
tween a half-brother and the grand-mother of the
ehild, the Court below on the special facts of the
case, refused to change the custody from the
on 111m tnerein by a person who had drank ^
to Intoxication, although such a house be no**?
U termed at law a man’s castle.—Judgment 5V
firmed. 0 ‘ «■
DcGraffenried for plaintiff.
Rivers for defendant.
Caveat to Will. From Warrec.
Jones,
vs.
Battle. )
Harris, J.
The whel# will is not void because the tegsi,
designed to manumit two of his slaves and
twenty thousand dollars for their benefit tv 1
was not his entire testamentary scheme, and in
sequently the judgment 01 probate should stand,,
to all the will except the?e slaves and the tWit
thousand dollars; as to which, an intestacy Ji
be declared under the parol evidence.—Jud-m...'
Modified. * “•
Dougherty & Pottle for plaintiff.
Stephens <& Barnett & Bleckley for defendas*
Gray & Gray
vs.
Gray & Grat.
In Equity.
Elbert.
Waker, J.
Fro;
The Complainants filed a bill against the def -
deuts to secure the forthcoming of the prop e S
to be accessible to them as remaindermen. V,.
bill was demurred to, and the demurrer snstijJ
on the ground that complainants had no title. J
terwards on the very same claim of title thhfc
was brought to reduce some of the property to wZ
session—Held, that the Judgment on demarre--' I
the former bill was a bar to the present bill "
Judgment Reversed. ~ 1
Akermau for plaintiff.
McKinly for defendant.
Boggus,
vs.
The State.
Bigamy. From Fulton.
Lumpkin, J.
1. A single man may be a principal in these. I
ond degree to the offence of bigamy cemmitted -1
the marriage ot a married man with a single y . I
man. ' I
2. To write letters for the man to the womu I
fore the marriage ; to counsel him to goon JI
consummate the marriage engagement, knoa 'I
that he was already married ; and to bcnunidtl
the same time and place, and by the same certn' |
ny, to another single woman, both couples sin; I
ing up together by previous eoncert and 1 1
rangemett, are such acts of aiding and abeuin;«l
will warrant a conviction. '" *
3. If the prisoner be surprised by some *[
State’s evidence, and know of absent witnessa I
whom he aould rebut it, he ought to moTe f T
continuance. Failing to do so, he has no rieh: -L
a new trial to get clear of the effect of the eyiJti> I
Judgment Affirmed. 1
Hill & Clarke for plaintiff.
Hammond, Sol. Gen. for defendant.
Tltaro is “Love undicing,” tbat generally | latter to tho former. Held: That the discre-
lives about az long az uncorked ginger pop tion ot the Court thus exercised will not be con-
duz. trolled by the Supreme Court.—Judgment af-
Thare iz “Love untold,” which iz nlwus’ firmed,
told tew ennybody who will listen to it, and | I'm^r dePendanL ,B ^
Slander. From Marion.
3Ioore
vs.
(Jolley.
Lumpkin, C. J.
Notwithstanding a plea of justification, and
tho fall support of the plea by proof, the jury
found a verdict for the plaintiff. The Court set
aside the verdict as contrary to evidence. Held:
iz az full or pathos as a pork and beans night
mare.
And thare iz “Love at sight,” to which I
will add, Lore for 90 days.
These are- some ov the different kinds ov
Love that are denominated pashun, nnd form
mutch ov tlie trading capital that lovers do
bizziness on
There iz not much sin in these different
styles ov love; they don’t seem tew git up I That th7courrd^Tright-JJudgme7tTffirm^d
tew the dignity ov sin; there iz deception in Blanford A Crawford for plaintiff in error,
them without doubt; but the deception iz | Smith for defendant
like Costar’s celebrated Rat Exterminator, it
won’t hurt enybody else but tbe rats. I Wilkinson
I am not prepared to say that I would like vs.
to see these things dun away with for sum-1 Davis, Ex’r.
thing wuss might spring up in the place ov
them; they seem tew be necessary in carrying 1 The rule as laying the foundation for im
on a trade in which judgment has to yieid to peaching a witness by statements made out ot'
funcy, and fancy is too often to yield non- Court was not compiled with in this case, and
sense. therefore there was error in admitting the im-
« y If we could (enny ov us) hav our old court- pesching evidence.—Judgment reversed.
Ship written out and given to us for perusal I West and Vason * Dav,s fo . r P uintiff in error -
we should probably look upon it az we would
upon a Chinesecomickalmanack, unable tew I n nnn ,,.
understand the picture and satisfied that the | vs > Jlotion to Dissolve Injunction,
astronomical calculations were never design- a ' . j From Lee.
or) f/xr Atip lntitnrln 1 OESSIORS. J
Harris, J.
Santa Anna.—According to the Tribune, I The dissolution of an injunction upon the
s
Complaint. From Lee.
Harris, J.
Warren & Floyd for defendant.
iscrelion
injunc-
sw ora
On the whole, we think the time has arriv
ed to revise Webster’s definition ot loyalty
thus: A quality which belongs exclusively
to men born in New England, or who wish
they had been, and those who are favored by
Providence with black skins.
Unis.
To the Isarelites of the South.
The following eloquent appeal to the Isra-
elils of the South, in behalf of a patriotic
and noble understanding we notice in our
Richmond exchanges:
Richmond, Va., June 0, 1866.—While the
wofld yet rings with the narrative ot a brave
people’s struggle for independence, and while
the story of hardship so nobly endured for Lib
erty’s sake is vet a theme but half exhausted,
the countless* graves of the myriads ot he
roes who spilled their noble blood in defense
of that glorious cause, lie neglected, not alone
unmarked by tablet or sculptured urn, but
literally vanishing before the relentless finger
of Time. Within tlie past four weeks, there
have been formed by the ladies of Richmond
two associations, viz: The “Holywood” nnd
the “Oakwood,” having for their object the
care and renovation of the soldiers’ graves in
those cemeteries.
Cotemporancously with the above, we, the
Hebrew ladies, formed a similar association,
with the view of caring for the graves of Jew
ish soldiers; which, of course, would not be
embraced in tho work of either of the first
named societies.
In our own cemetery repose, nlas! the sa
cred remains of many a loved brother, son
and husband, to whoso relatives in the far
sunny South, it would be a solace to know
that the piou3 duty of preserving from de
cay the la-t resting place of their lost ones,
although denied to them to perform, is yet
sacredly fulfilled by the members ot tbe “He
brew Ladies’ 3Icmorial Association.”
It is our intention to mound and turf each
grave, and to place at the head of each a sim
ple stone, inscribed with the name. State,
time and place of death; subsequently, to
rear a monument commemorative of their
bravo deeds.
In order, however, to successfully accom
plish our object, we need some pecuniary as
sistance. Our scant and somewhat needy
community, already so heavily taxed, has
done well*; but we find this “work is too
great tor us,” therefore, with afull confidence
the sympathy and co-operation of our peo-
Gen. Santa Anna has $10,000,000 on deposit coming in of the answer, though the equity of
in the Bank of England. He proposes to es- the bill be sworn off. is not matter of right, but of
tablish a new and stable government in 3Iex- discretion. In the present case, the discrj
ico with a constitution and laws, republican u^. Pr T^« e Ry”f1he Jill
in form, with the Church for its head. One 0 ff.—Judgment affirmed,
of the essential conditions is, however, a com- Vason % Davis foi plaintiff in error,
plete assertion of principles and interests be-1 West for defendant:
tween tho United States aud Mexico, upon
the following basis: I Chapman
The United States to advance to him (Santa vs.
Anna) one million of dollars and three thou-1 Chatman
sand meu, in return for which he will swear
eternal gratitude to the American nation, and
give it in security certain 3Iexican provinces
and territories. This contract once sealed,
Possessory Warrant.
From Talbot.
Lumpkin, C. J.
Gen. Santa Anna will immediately start for proper time and’mode.
31aximilian, where his presence, his men and " "" i
his million will create quite an enthusiasm.
According to his own statement, the church
will take him by the hahd, the army will
prostrate itself at his feet, and the best part
of the Liberal party, renouncing its present
leaders, will form au intimate alliance. As
the Imperialists who stick to 3!aximilian,not
through love, but through fear and compul
sion, they will bo too happy to place the
Government under tlie protection of the Gen
eral and to abandon a cause that is without
1. Adjudgment setting aside an award, is conclu
sive upon the parties until reversed ; and to pro
cure its reversal, exception must be taken to it in
a The evidence being in conflict, the judgment
of tbe Conrt below on the facts will not be disturb
ed.—Judgment affirmed.
Perryman for plaintiff in error.
Bnlioch for defendant.
f Rule to Foreclose Mortal
( From Jlonroe.
I
Hugelet
vs.
Holstein.
Walker, J.
Counsel for defendant proposed that ths
should agree upon their verdict, then dis;
and return into Court tbe next morning. Oi
for plaintiff proposed that the verdict should
returned to the Clerk and the jury disperse, t
Court inquired if there were any objection toil;
and none being made, he instructed the jnrr:
accordance with tho latter proposition. T
Court then adjourned until next morning,uj
the interval tbe jury returned tbeir verdict
the Clerk and dispersed. On the meeting of:
Court next morning, Counsel for dc-fendantstt:
in his place that he did not hear the propoiiL
which the adverse counsel had made, and tin:
he had heard it ho should have objected. ’
Court thereupon ordered the papers bick to
jury, so that the verdict might be formal!?
livered. Before its delivery, however, the
fondant’s counsel moved to continue the ci
the ground of newly discovered evidence.
Court heard his shewing, granted the coot
ance, and ordered the verdict to be erased ’
tho papers. Held: That the Court erred:
the verdict, as returned to the Clerk, on;::
stand; that it was too late to more for * co
uancc; and that the defendant should bare
left to avail himself of the newly discovered
dence, by motion for a new trial.—Jedpi
reversed.
Cabaniss A Peeples for plaintiff.
Trippe for defendant.
Whittle,
va.
Newm.
LE, i
AN. )
Rule. From Twiggs.
Talker, J.
Bass
vs.
Ware.
\ ,n
Equity. From Bibb.
Walker, J.
Complaint. From Lincoln.
Harris, J. j
1. A warranty of slaves “to be slaves for life” is
,. . . covenant against future emancipation; the
dignity nnd strength in the present or pros-1 t enns *<to be,” as here used, having relation to
pi-dive iuture. time of the warranty and not to subsequent time.
. — This covenant being the same In substance with
Interesting Decision nr a Tennessee that in Hand vs. Armstrong, the decision pronounc-
Court.—A trial of some importance, grow- ed in the latter, case, controls the present one.
ifwr nnt nf pvpnteronnpptprl with thp Into war 2 - Tl10 abolition, by Code, of the vendor’s lien,
ng out ot events connected wit 11 the late war, opmtw pr03pective i y> and does not affect sale 01
lias just been tenmnated at Knoxville, Tenn,, I which took place in 1857.—Judgment affirm
by tiie acquittal of tho prisoners. The par- cd .
ties tried were four in number, and were dur- Bally & Hall for plaintiff,
ing the war, officers in the Confederate army, f Nisbet * Lochrane for defendent.
They were charged with murder in having,
whilst sitting upon a court martial, caused j £ LI rKOTON .
certain citizens of the State to be hanged, to- vs. ■
wards the close of 1861. The charge against Coleman. S
them was sought to be proved by bringing
their connection with this court martial in
evidence before tlie court. The verdict, after Whether the verdict was contrary to evidence
a long and careful trial, has been to acquit will not be inquired into, where thereiwas no mo-
tl.c prisoners, they nil having been declared ““StSfflrmTd below.-Judg-
not guilty. Stotber for plaintiff.
This case is interesting as showing that Lang for difendant.
officers and privates of the late C'onfrocrate
army c.-tu not lie made amenable to the State Faulkner, i
courts for acts committed whilst in that ser-1 VR ’' Complaint. From Lincoln
vice, which were in tjie ordinary course of | Ware. S
military law. When these gentlemen were * - n t
arrested, a year ago, General Grant recom- Lumpkin, U j.
mended tlieir release on these grounds.' The A plea of failure of consideration to an action
State authorities, however, refused to comply brought by the bearer or endorser, on a negotiable
with this recommendation, and since that
time they have remained in jail. It is grail- ^ tj mc [ lc acquired title, or some equivalent fact ;
fying to record, as we do in this case, the evi- the presumption of law being, that the note was
dencesof a returning sense of justice on the transferred for value before due, and without notice
part of judges and juries in cases wherein de- fcShStiSSSdiiJtaf^
fenceless Confederates dre concerned,
Georgia paper, criticising one of|
Gus'ave Dore’s illustrations of the Bible, re
marks: “The Judas kiss, which, strange
enough, is the first plate in the Genesis, is any
tJiing but fine. The Saviour (we say it with
irreverence) looks like a tali, lean Yankee.
Judas looks like Tlmd. Stevens, and some of I
the features in the back ground aro horrible, the purchase money of slaves sold in 1SG0, with
showed on its face what the consideration was, docs
not vary the rule. Judgment Affirmed.
Strother for plaintiff.
Akermau for defendant.
Hand, )
vs. Complaint From Sumter.
Armstrong. ) V
Walker, J.
Emancipation is no defense to notes given for
An Attorney cannot collect his fees by ru!:::l
client, thoagli the latter may have possessed T
self of the entire fund recovered by tbelitipt : i
respect to which the sendees of the attoraejrj
rendered.—Judgment affirmed.
Whittle for plaintiff
Harris & Hunter for defendant.
Blasekoame ) Claim for Widow's allowtj
vs.
Rose. ) From Upson.
Lumpkin, C. J.
A widow who has drawn support ftom 1
band’s estate during the year succeeding
though it was not formally set apart to lie!
though she rendered valuable services to —I
tate throughout the same period, is entitWT
further allowance by way of year’s snppori I
cannot set off ber services against wist si: I
received, but must obtain compensation, if I
entitled to it, in some'other way.—Jadgort l
versed.
Trippe for plaintiff
Cabaniss, Peeples & Co., for defendant
Cannon )
vs. > Case. From Fd
The Sup't. W.& A. R. \
Walker, J.
By tbe Code, and by the Act of IS®.
tern & Atlantic Railroad is placed upon t- j
footing as Railroad Companies in respect:-.;
ty tor injuries to employees by other eer-
nnd the Act aforesaid applies this rale o>
to cases that arose between tbe adoption’
Code and the time when it want into encct"
ment reversed.
Hammond & Hoyt for plaintiff.
Barnett & Beckley for defendant
Collins )
vs. |- In Equity. From Bibb.
Heath. )
Lumpkin, C. J.
The doctrine that a purchaser forvsk*,
out notice of fraud in the vender's
tec ted, is applicable to this caso and ad
judgment affirmed.
Whittle for plaintiff.
Lanier & Anderson for defendant
The State. )
McCollum , ...
vs. J- Illegal distilling. From- :
Walker, J.
almost as bad as Judge Underwood’s.”
Thank God for That!—Lady Hunting
don was trying to lead one to Christ. To her
urgent entreaties he answered: “O, it is of
no use 1 I am lost! I am lost f ’ “Thank God
for that!” said she. “Why?” exclaimed the
man, in astonishment. “Because,” said Lady
Huntingdon, “Christ came to save the lost, I j ACKS0H
and if you arc lost, He is just the one who | ‘ v !.
Call save you.” Cai:.s\vei.l. \
warranty “that they are slaves for life.” The war
rantor did not covenant against a future act of the
Government. He simply warranted thattheslaves
in question belonged to that class who-o condition
was, by the then law one of bondage for life—not
that this condition should continue as long us they
should live. Judgment Affirmed.
Hawkins for plaintiff.
Cobb «fc Jackson for defendant.
Rule
to foreclose mortgage.-
Fiom Wilkinson.
A charge that if the prisonei
be distilled nnd afterwards received *“■
jury ought to find him guilty, is e rr0D ,^ J
out the further statement that if tbe t j
was one of mere barter, it was noon*®-'
ment reversed.
Clarke for plaintiff
Hammond, Sol. Gen., for defendant,
Jas W. Armstrong, ) / rf .-
vs. [• Plaintiff m **
Wm. B. Jones. )
Lumpkin, C. J.
This was a rule against the Sbcrifi *
make the money on certain 11 fas.wi-e®
do so by the plaintiff. The facts s'*
The executions were placed In then*®”* ^
iff the 12thdayofOcL 1865, andhe**?jj
levy them on certain cotton belonging
ant; Part of said cotton was at the
t ,i. ■:']"■ city re.uh f.,-i■ i;■ iu i r ■
lu--incesent oU'-wui.-u- l"t- ■ '• I
Sin rilt'r. fused l.> make the le'.v "J
that the defendant was protected.
originallv passed in I860 and contiu“ ', i
of March, 1885, “during Um cusmvf^
war.” Held: That tho war had cw-.
12th ofOctober, before 7
placcd in the Sheriff’s bands'[Sid I
st rue; ions to levy thesama; an;- • •
fusing to do so ho made hirnselt .7' jj,
tiff by Rul
Cod
or an action on the
“ 11.::! a Conn will alwaysJ
I .1 1 'I I '■ I
ilature, provided there be any of
upon which to reft theirjo (