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• .J.'x. 5 tt> Jl\J
L a, REII> & Co,,]
A Family Journal for the Dissemination of General Intelligence, Miscellany, Agricultural, Commercial, Political and Religious Information.
[PHOPIiTETORS
few SERIES,!
MACON, GrA., MONDAY, DECEMBER 24, 1866.
!YOL. 2, NO. 5
^ I'KLEUHAPU
•3L1SHING HOUSE.
UjjAM A. REID ACa, Proprietor*.
\Z£f [s/botiT.;
»* K1WTOKS. <f
Ti-rm* of Subscription :
, weekly TaLznaArn: $ 1 00 per
•mi x Tn,Miiuni: $12 00 perannum.
JOB PRINTING:
,s t ilar attention will be given to the
’ „f JOB PRINTING of every deacrlj.-
i^Tbe Palace Mill* at Columbus, which
M irnl I'J Wilson, Uuve resumed opera*
*i:h entirely now and completo nm
(ossris England.—It i> reported, with
correctness, that private dispatches
Wd from London yesterday, quote the
^ ^ England rote of interest at 3 1-2
, (fUL •
jyTli* receipt* of the New Orleans Cus
during the first week of the pres-
, ;> , n th were $204,619 20—tho largest
. r refill'd in nue week since the Cus-
a* was established there.
The Nashville Union regrets to learn
,■ ; v health of the Hon. John Bell is quite
During last week ho was considered
n-ritical condition by his medical attend
|,„t at latest accounts was slowly recov
-•from his attack.
, , , , . , .... nci'i.tous «r t(i e Supreme Court, of the Commissioners ns well as presodc :
Civil Government In Xorth Caroli- find certificates of election under such rides, them. - " !
■»•» nntl rpmiltitiniu—pliant as herein otherwise I ... . «^ » u • A •» 1 « j *.• « _ •*!
Walker, J w
Mr. Stevens introduced a bill to re e-tab- ‘ of member* of the flouse of Commons by the
lish civil government in North Carolina, to laws of North Carolina, immediately previous
enable it to resume its former relations as one to the 20th May, 1801; and any person who
of ,U. constituent SUte. in the Atn.Hc.n J&jVESfS
,T-! He stated that be did so at the re* ant i who g^n re f ug0 or neglect to perform
Sluin by a Christian..
and re-niUtiona exeeot as herein otherwise I .... . 1 tD !: m \ .. , ,, ,. . " j , . J 11 Error cannot be.assignedXon thrverdict We have lately been advised of this affair,
provided - as were prescribed for the election /^g^^^eurt^nUlaU 'are published" therein evidenc-~ 1™ J* « contrary to evidence, unless a motion for a and shall n»>cecd to lay it before our readers.
" • for the Plaintiff!
(Judgment reversed.)
Sam. Hall, for Plaintiff in error.
P. J. Strozier, for defendant in error.
Union.
quest of several gentlemen from North Caro- the duties required of him under this act,
It is related of u son of Robert E. Lee
utis recent dinner party in Richmond
„ |f the guests proposed as a toast, “The
Via Flag.” Colonel Lee promptly placed
j tsnd upon the glass and arose. “Gentle
. ’ <aid lie, “this will not do. We are
it I prisoners. Wo now have but one
{.ltd that is the flag of our whole coun
-ibe glorious old stars and stdpcs. I can
«i» no other, tight for no other, and
C! drink to no other.*’
A lilUTITE or GEXKRAI. WASTTTNGTON
intrrai of Homicide.—A Fredericks-
—di-patch, of tho lfith, says: “Henry
;■! Levis, a near male ’descendant of
\r Washington, was convicted last night
A.:;George's Court House, of voluntary
mtt.’b'.er, ia killing Dr. Roes some five
mni«. He was sentence*! to three years
il si months in the Penitentiary. The
iremMuncnded tho prisoner to mercy.—
be tnal listed ten days.”
nrm Lkk and Santa Claus, Mrs. Lou
r I'ltrk'a Christmas gift to her little
-::biM friends. New York: Blelock &
Oa, lSol.
This is m handsome little gift book, beanti-
ntauatl and illustrated, containing a pic
vof Uen. Ixe and Santa Clans, a Christ
*bmn. ami “ I.utie, Birdie and Minaie,
t r» il>ou: threo Httla Southern girls.” It
ireally elegant little book, and will form
«re acceptable present for the young folks,
ng something now and interesting. For
t together with many other books and
* by J. W. Burke it Co., who. send it to
Ooind look at it.
toocnox of titk Statks—In reply to
wide of tho Petersburg Express, on the
d of the reduction of tho Southern
*»to» territorial condition, the Cincin-
Ciimmercinl, u paper of great .influence
uho Republicans of the West, thus dis
' of the matter. Tlic Commercial says;
i* not ni all probable, in the first place,
the Southern States will be reduced to
Titorial condition by act of Congress.—
regard it a« m, improbable that we do not
k it Hinii while to discuss the question
ie power to oo mi.
There aril) be some bluster of that sort,
possibly a bill to fl at end will be pre-
’ and debated, hut the majority of the
"blieans, in and out of Congress, will hear
19 *uch measure with any patience. It
! require another revolt on tho part of
Anthem people to convince them of
• 4 steessitv.”
db'CTUKRN LEGISLATURES AND THE
NEGRO-A CONCESSION.
Northern press, even the Radical por
L i* forced to concede that the Soutb-
“jiifatures, by their practical legislation
“ion to the negro, havo, given the lie
• "'heir varied slanders against us. Asa
’ ata of there concessions, we quote as
Mfroir. the N. T. Times of Monday:
Signing the unanimous refusal of the
-win Legislaturea to ratify the Constitu-
; *wrndment, it must be confessed that
•T^ral legislation of these bodies of late
** ,Q ch as to command the approval of
"*iom-loving people of the North.—
‘•"'Sard especially to the question of the
^ which interests very deeply a great
of people in this se ction, the action
Anthem Legislatures has been, in al-
(T «y instance, humane and liberal to a
-A degree. Not only have the old
‘'retiog them adversely, one way or
" l*r*n repealed, but tiro guaranties of
breonsl, civil, social and property
j**»she new legislation have been strin-
*•'1 unexceptionable. We think it must
. _ * vp ry man to see how old prejudices
ac down with old institutions, and
^iaaumerable restrictions cov-ected
have given place to ;-ic large
. ^ fhe new order of tUtji Inde.
such matters as affect the Jftatj
1 r»ce, we think that every one who
i^j ***• trouble to look over the pro-
* ^ °f the Southern Lepislstarea,'MNl<
'truck with tho extent to whieh a
0a 8’ spirit pervades their action. It
*® k thousand minor thing.-*, wiiii ii.
^ rprecisted,; must be compared with
«si»tcd in pa t. Such pro-
r**. such ready cognition of
tf,j. ^““stances, ought at least ts
"W'i,. *' h-rwiions lauguago which violent
: s v !',*n speaking of the action of
i.rgtilsturcs.
linii. Read twice and referred to the Com
mittee on Territories, and ordered printed.
The bill is as follows:
Whereas, on tho 20th day of May, 1861,
the citizens of North Carolina, one of the
United Stales of America, did rebel against
the Government of tho United States, and on
the said 20'Ji day of May and thereafter did
violently set aside end destroy tho organized
constitutional Government of the said State,
and did engage with others in armed hostili
ty and warfare to maintain their said action;
and
Whereas, after the lapse of more than four
years, the United states, by force of arms,
having succeeded in quelling said rebellion
and disarming such insurgent citizens, did
find in said district formerly comprising the
State of North Carolina, no Government or
ganized, or officers qualified according to the
requirements of tho Constitution of the Uni-
ted States; and
Whereas, The President of tho United
States, by virtue of his power as Commander
in Chief of the Army and Navy, under the
operation of martial law, for tho purpose of
preserving peace and order, and of relieving
his subordinate military officers from cxccut
ing details of civil regulations in the several
and widely-separated localities in the dis
trict, did, under forms and rules by him pre
scribed, authorize certain citizens ot' the dis
trict to assume the execution of said purpose
of preserving peace anil order, under the pro
tection and sunction of the military authority;
and,
Whereas, It is the duty of the Congress of
the United Ststes to preserve the said distrfet
nnd the loyal citizens thereof, as one of the
United States, and by law to canso to be or
ganized therein a Government, republican in
form, based on the civil and law-making
power of the nation; therefore,
Be it enacted, etc., That on the 20th day
of May, 1867, at the hour of 13 o’clock, me
ridian, there shall assemble at the State House
in the city of Raleigh a Convention bt'the
local citizens ot the district formerly com
prising the State of North Carolina, compos
cd of one hundred and twenty delegates, to
be chosen by voters qualified as hereinuher
provided; and each county in suid district
shall be entitled to send to said convention
the same number of delegates that it was eu-
titleil to send members to the House ot Com
mons ot the State of North Carolina, prior
to the 20th day of May, 1801. and a majority
of the delegates elected to said convention
shall constitute a quorum, and bo invested
with the sovereign power of the people of the
district to frame a State Constitution, which
shall be sulgnitted to tho Congress of the
United States for approval, modification or
rejection preparatory to the re-e>tabli*liment
ot the said State and the reiresting its loyal
citizens with all tho rights, privileges and
immunities appertaining to the citizczs of the
other States of the Union; and the said
Convention shall have power nnd authority
to do all other acts which, by the recognised
principles of republican government sover
eign Conventions ot the people ot the States
may of right do, provided, that in case no
quorum shall assemble on the said tiOtii day
ot May, any less number of delegates assem
bled may adjourn Irom day to day until such
time ns a quorum may assemble for the trans
action of business.
Second—That in the election of delegates
to said Convention, there shall bo allowed to
vote all male resident citizens of the district
tbrmerly comprising the State ot North
Carolina of the age of twenty-one years, with
out distinction ot race or color, who can read
or write, or may own in feo,renl estate of the
assessed value of one hundred dollars or
more.
Provided, That no one who has heretofore
•-.xcrcised the right ot suffrage in said dis
trier, shall be disqualified from voting in said
election.
Third—That the qualifications for the del
egates to tire said Convention shall l>o the
same as were required for ntemlrers of the
House of Commons of the 8tate of North
Carolina immediately previous to the 20th * t
May. 1861, upon the taking and subecribing
before the Judge of the District Court ot the
United States for the District of North Caro
lina, or some other officer of the United
States authorized to administer oaths, the fol
lowing oath, to-wit; -
“ I do solemnly swear, on the Holy Evan
gelists of Almighty Goo, (or affirm, as the
ase may be,) that on the 4th day of March,
1864, and at rill times then-after, I would
willingly have complied with the require
ments of the proclamation ol the Pres
ident of the United States, issued on the
8th day of December, 1868, had a safe
opportunity of doing so been afforded me.
That on the said 4th day of March, 1864, nnd
at all times thereafter, I was opposed to the
continuance ol the rebellion and to the esta
blishment of the so-called Confederate Gov
ernment. and ' voluntarily gave no aid or^ en
couragement thereto, but earnestly desired
the success of the Union and the suppression
of all anned resistance to the Government of
tho United States; and that I will henceforth
faithfully support the Constitution of the
United States, and the Union of States there-
unrler.” , ■* .
And no person shall be allowed to sit or
act ns a delegate in said Convention, or hold
any office of appointment thereunder, until
he shall have taken ami subscril»ed the above
oath in the manner and form above provided.
4th. Thatitshallbe the duty of the Judge
of the District Court, or other officer before
whom such oath is proposed to lie token,
whenever he mav suspect it is about to hi*
taken fahselvby any person, to put t« such
person the question, under oath^and to hear
unv other evidence that may tend to satisfy
him ns to the propriety of administering it
And if, in his judgment, the person cannot
truthfully take the oath, he tnay relase to
administer it. And should any person fal-ely
take such oath, ho shall be indicted and pros
ecuted in tho Circuit Court of the United
States, held in the district in which the
offence may lie committed, for the prime ot
perjury. And upon conviction thercot, shall
be sentenced to and receive such punish
ment as now attaches to the crime of perjury.
And in the trial of such indictment no per
son shall be qualified to sit upon the jury
until he shall havo taken said both, and tho
Court mav require any juror to take it unless
lie swear that ho cannot truthfully do so.
Filth—That it shall be the duty of the
Proliant of the United States, to direct and
require the United State Marshal for the Dis
trict of North Carolina to appoint for each
countv in said district one Deputy MuabaJ;
and the Deputy Marshals so appointed shall,
r-irii in his respective coanty, appoint keep-
» and inspector* ot oils and thenee»*anr
aasbtanta. and on the 1st day of May 186,,
the said Deputy Marshall shall each open
polls in their respective counties for the elec-
non of delegates to said Convention at such
places qudslisll conduct the election and
shall be guilty of a misdemeanor, and, upon
conviction thereof before the United States
Circuit Court held in tho district of North
Caro’ina, shall l>e fined such sum or impri
soned for such time as the Court in its discre
tion shall fix.
Sixth—That the said Deputy Marshals,
keepers and' inspectors of polls, and other
necessary assistants shall receive the sum ol
five dol'ars per day for every day they may
be engaged in the discharge of their duties
under tliis act, to be ascertained and paid by
the United States Marshal of the district such term and from terra to term thereafter.
There are maoy of them, and more than we
have space for in any one issue—besides, new
decisions are being constantly rendered.]
Olivo Simpson 1
vs. > In Equity from Lee.
W. IL Roberts and Wife. )
1st. When the w ird “ *aid” or “ aforesaid”
is used, it refers generally to the last antece
dent, but this may be otherwise if the con
test requires it.
2d. The Sheriff may make the recognizance
of an offender confined in the jail of his couu
ty to answer for a crime committed in an
other county.
3d. A recognizsnco to appear nt-ihe next
term of the Court and remain there is not
substantially different from one to appear at
under the order of the District Judge. And
the United States Marshal, in addition to his
present salary and fees, shall receive such
compensation for the discharge of his duties
under this act 09 Congress may hereafter al
low ; and the Treasurer of the United States
shall pay to the United States Marshal of said
district upon the order or requisition of said
Judge, out of any moneys in the Treasury
not otherwise appropriated, such sums of
raouey from time to time, as may be neces
sary ior carrying out the foregoing propo
sition.
Seventh—That the present organization
set up under martial law by the military
p >wer of the President, and all' officers in
said District charged with the execution of
civil regulations therein, except the regular
officers ot the United Slate*, shall cease to be
such, and their functions and powers shall
terminate at such time as may be provided by
tho said Convention, after the recognition
and approval by Congress cf the State Con
stitution and civil Government provided for
and sought to be established under the act.
Eighth—That the President of the United
States is hereby authorized, and it shall be
hi» duty, so to dispose and employ the mili
tary and naval forces of the Unite! States,
from time to time, and in such places, as ro
enforce the prompt and efficient execution of
the provisions of this act, and to preserve
peace and order, and obpdicnce to the laws
of the United States, in the said district, for
merly comprising the State of North Caro
linx
Demolition of TnE Soothkrx Govern
ments.—The hill introduced in the House
yesterday, (says the New York World,) by
Ttiaddcus Suveht, for organizing a new gov
ernment in “ the district comprising the for
mer State of Nortli Carolina,” opeus the Rad
ical campaign in earnest,and will stir public
feeling to its profoundest depths. It liegins
where President Johnson began, with the
State of North Curolina, and intends to fol
low his track tlirough the whole circuit ot
reconstruction. As his North Carolina pro
clamation was the model of all his subsequent
proclamations, so this bill for demolishing his
work in that State is the destined model ol
its nine successors. It provides for a conven
tion of one hundred and twenty memlicrs, to
meet at llalcigb on the 20th of May next, to
frame and set up a new State Government.
These one hundred and twenty delegates are
to l>e elected by voters without distinction of
color; a majority is to be a quorum, and they
are to be clothed with power to form a Con
stitution to he submitted to Congress for its
sanction. The President ot the United States
is required to give this movement his_ active
co operation by appointing oflicereto imitate
it, and by using the lend and naval forces for
its protection.
•‘This bill is a firebrand flung into the South
to rekindle the old animosities To day wx-
merely announce it, but will not discuss it.
will be the leading topic in all public jour
nals and all political conversations until it is
disposed of; and despite its ioccndiary char
acter, we will attempt to treat it with thedis-
passionatc coolness, as well.as the searching
scrutiny, suited to a subject so grave and so
calculated to influence public teeling lo d^n
genus outbursts. It is far better that il
should be defeated in Congress than in an
other area; and we are persuaded that noth
ing but the utmost temperance of statement
can gain n hearing for adverse arguments.’’
Outwitted bt the Mexicans.—The Mex
icans have the reputation ot being the shrewd
est diplomatists in the world. They certain
ly will draw up the neatest papers, put it
most beautifully in black aud white, andsigo
it with more flourishes than any other peo
ple wo wot of. Tho only people who can ap
proach them in the careful wording of sen
tences, anil in penmanship, arc said to he the
Persians and Aralw. The only reason we
can give for this superiority is, that they arc
si wavs cool—cofil as Itaudits. No word, nor
sound, stroke of the pen shows agitation or
excitement. In this way they bo put forth
the treaty with Gen. Scott, that the Mexicans
to this day believe Santa Anna got the better
of the hero of Lundy’s. Lane, and sent the
Americans home with a flea in their cars.—
So, a few days ago, on the Rio Grande, they
outwitted Gen. Sedgwick, and got him first
to help Escopedo outside of Matamoros and
then Canales inside; drew those remarkable
letters out of him and Sheridan; and then
the two pat their heads together anil turned
u"ainst him and the United States, like a
couple of rattlesnakes. You never catchy a
Mexican asleep, nor ofl his guar*', nor excit
cd; and if yon ever do catch him at all, like
the Dutchman’s flea, liu isn't there.
[„Y. 0. Pittyitnt.
Commissioners to Paris.—Both brandies
of the Legislature have passed resolutions re
questing the Governor to appointed. C. II.
Way. of Savannah. andaMr. Stoughton, of Au-
gusta. Commissioners to the World’s Fair In
Paris. As the commissioners defray their
own expenses, no doubt the Governor will
make the appointments. Of Sir. Stoughton
we know nothing. We have known Colonel
Wav for many years, and think the Legisla
ture could not have made a bitter selection.
He is a gentleman and a scholar aud will do
credit to the 8tate. Wc are informed that
Col. Way will be accompanied by his beauti
ful and accomplished lady. The ladies of
Georgia are lucky in being represented at the
World’s Fair by one so well qualified to do
them honor as Mrs. WImon.
Married bv Accident.— Last evening
Edward Thayer and Mi.-s Helen P. Jelliman,
attended bv Mr. Austin Humphrey anil Annie
E Crau-c, went lo St. Paul’s church, the for
mer couple to get married, and the latter to
.-t as groomsman nnd bridesmaid. I bey all
stood up before the altar, and the otlictating
clergyman* the Rev. Mr. Dunn, supposing that
both' couples were to be married, requested
the gentlemen to join bands with their respec
tive ladies, which was done, and in a very
short space of time the four were made two.
The situation being fully realized by the lat
ter couple, they concluded to accept what
thev could not very well li, Ip. and al adjoun-
ed to their boarding bouse quite well pleased
with the result of the preacher's mistake.
Detroit Union, Cw.
4tb. One accused of crime, and giving bail,
may indemnify his bail with property. This
is not contrary to public policy.
5th. The wife aud children of a person
who has created a lien upon his property
may secure their interest iu the same by pro
ceeding under the insolvent laws without re
sort to equity. Judgment modified.
John West for plaintiff in error. P. J.
Strozier, contra.
Dudly ) ,
vs, Proceeding against holding over.
Love. )
Walker, J.
1st A Court of law should, in a proper
case, grant a continuance to allow a party
who lias equitable defense to enjoin the pro
ceeding at law.
2. If a material witness be a surety to the
tenant’s bond, the Court hearing the case
should allow another surety substituted, to
make the witness competent. Judgment re
versed.
J. E. Brown for plaintiffm error. A. Hood,
contra.
Smith )
BeH )
Lumpkin, C. J.
1st. A plaintiff by paying cost, present
and tuture into Court, and assigning all his
interest iu the case, may become a competent
witness.
2. Such assignment may be completed by
depositing in Court the instrument making
it. in the absence of the assigned, whose ac
ceptance will be presumed. Judgment af
firmed.
Blanford and Miller for plaintiff in error,
McC»y and Hawkins, contra.
Taylok i
r*. > Arbitration from Dougherty.
Flint. )
Harris, J.
1. It is necessary that the bill of excep
lions specify the errors complained of. A
general Allegation that the Court erred
where several points are made is improper.
Where there are two sets of children the
appraisers assigning a year’s support are to
«et apart support and furniture for each set.
8. The ordinance for construing and set
tling contracts, made between 1st June, 1861
and 1st June, 1865. is constitutional
Judgement reversed.
Samuel D. Irwin, lor plaintiff in error.—
Hines and Hobbs, contrx
Slaughter )
n. i- Foreclosure of Mortgage from
Culpepper ) Mitchell.
1. If the jury in administering the ordi
nance. reduce the debt Ijw than any of the
evidence will authorize, it is noterror for tho
Court to grant a new trial.
2. The ordinance does not impair contracts
—it but prescribes a rule ot evidence and
gives up the case to the jury to be decided
upon on equitable principles. Judgment
affirmed.
Hall, Lyon & Irwin, for plaintiff in error.—
Strozier & Smith, contra.
there beevideBce enough to uphold a verdict n( , w tr j a j ' Ta3 mac i e ; n the Court below. The man who, in this case, slew hisfellow-
I 2. The Judge is bound to charge on no man, was, in form and appearance, vcnerablo.
grade of homicids which is not in evidence, j He had been for many years a consistent and
3. Unless requested by the prisoner or his ( faithful disciple. He enjoyed the confidence
counsel, the Court is not obliged to charge • ot his neighbors, an! in the church none
the Jury that they are judges of the law as were more cordially received than he. Ho
well as of the facts.
(Judgment affirmed)
B. B. Hintbn for Plaintiff in error.
If H. Blandford, contra.
J
Arbitration
from
Dougherty.
Flint,
vs.
Georgia Land and Cotton Co.
Lumpkin, C. J.
In this case, the award was correct, wheth
er the contract for stipulated damages made
a case of penalty or not, as the actual dam
age proven was as much as the sum awarded
—Judgment affirmed.
Sam. Hall, for Plaintiff in error.
Wright and Warren, for Dofendant in
error.
Martin & Joiinson, )
ts. > Motion from Decatur.
Blood. )
Walker, J.
1. A case dismissed during the late war, on
the ground that the Plaintiff was a citizen of
the United States, and therefore an alien ene
my, may be re-instated on motion—Judg
ment affirmed.
Bower for Plaintiff in error.
Lyon & Irwin, Contra.
Laney, Cox, et al.,) Application for Dower
Stewart. J from Webster.
Harris, J.
The heirs at law have a right to contest the
report of Commissioners appointed to assign
dciwer.—Judgment reversed.
Blanford & Miller, for Plaintiff in error.
Lyon & Irwin, Contra.
>
,! in
Equity from DeKalb.
Ga. It. R. & B. Co. ^ Quart clausum/reget.
Kilpatrick. S Trc ‘P ass from DoKalb
Walker, J.
1st. The Act of 1859 as to tho venuo of
suits against Railroads except so far as it is
incorporated in the Code, is repealed by it.—
Therefore, though the injury is the case was
committed in the county of DeKalb, suit
should have been brought in the county of
Richmond.
Judgment reversed.
Glenn & Sun and Bleckly, for Plaintiff in
error. Candler for Defendant.
The Chief Justice being a stockholder in
the Geo. Il U. Co. did not preside in this
case. f
Crawfoiid and others, 1 In Equity
vs. .- from Sumter.
Brady, Adm’r.,and others.)
Walker, J.
1. The absence of a party in the military
service, did not under the act of-1861, oblige
the Court to grant a continuance. It was
subject to discretion.
2. The bond in this case, crested a right in
the husband as trustee of his wife, nnd a
Court of Equity will carry ost the trust.
3. This not being a settlenent made by the
husband upon the wife, was therefore not
void against his creditors because not re
corded.
4. The facts do not make a case of reduc
tion to possession by the husband in his life
time, and therefore ihe wifo’s right of surviv
orship was not lost—Judgment affirmed.
Lanier, Anderson, Scarborough, lor Plain
tiff, by Bleckley.
McCoy, B. Ilill, contra.
| In
s. )
Equity from Dougherty.
Cook,
vs.
Jknxins,
I 1. Where, under an arbitration, one part
ner is put in possession of all the assets, with
an obligation to pay all the debts, a Court of
Chancery will interfere, in a proper case, to
socure such assets, and 6ce that the other
partner is protected against the debts.
2. It seems that the answer of a Defendant,
even when discovery is waived, should be
full anil may be excepted to bo the Complain
ant, but tho Court only intimate this, they do
not adjudge it.—Judgment affirmed.
Hoyle
vs.
Jones, Adm’r.
Walker, J.
1. Bequest to A and to the children of her
body, creates not an estate tail, but a joint
estate in A and her children.
2. The concealment of a right by one
whose duty it is to disclose it, prevents the
running of the statute of limitations in favor
of the party in default. It is a legal fraud.
3. It was not error in this case to allow ir.
terest on the annual hire as it accrued.—Judg
ment affirmed.
Calhoun and Candler for Plaintiff.
Bleckley and Hammond for defendant.
Heard, (colored),
vs.
The State. V
The verdict in this case was not contrary to
evidence. The killing was murder, not man
slaughter. Judgment affirmed.
Gartrell, Hill and Hopkins, for Plaintiff.
Hammond for the State.
Allston )
vs. > Garnishment,'from Fulton.
• Murder, from Fulton.
Dunning. )
Walker, J.
Summons of garnishment, founded on at
tachment, may issue after the return Term of
the attachment, and without additional bond
or affidavit. Judgment reversed.
Hammond & Mynatt for Plaintiff!
Hammond <& Son for Defendant.
Powell )
vs. >• Motion for new Trial from Fulton.
Boring. \
Lumpkin, C. J.
The evidence in this case showed a con
tract between the parties and a specific sum,
and the Court committed no error in refusing
to charge upon the subject of fraud. Judg
ment affirmed.
Hammond & Mynatt for Plaintiff.
Bleckley and Hammond for Defendant.
minutes of Points
DECIDED BY THE SUPREME COURT OF
GEORGIA.—(Continued.)
GanRis, i
vs. > Simple Larceny.
The State. )
Lumpkin, C. J.
1. The charge of tho Court was based on
an assumed state of facts, but upon the evi
dence.
2. The evidence showed a wrongful taking
by the prisoner.
3. The evidence showed that the prosecu
tor was deprived of the possession.
4. There was more than an attempt to steal
r—the larceny was consummated. It is im
material that prisoner held possession but a
short time.
(Judgment affirmed.)
Strozier, Smith and G. G. Wright for Plain
tiff.
Warren, Solicitor General, contra.
Stucker & Co., )
vs. ,- In Equity from Fulton.
Turkum. )
Walker, J.
1. A contract made in another State to tako
effect and be executed in this State, must con
form to the laws of this State.
2. An assignment executed in Tennessee by
an insolvent giving a preference to certain
creditors as to property within this State is
void. (Judgment reversed.)
Rowland, Sup’t. W. & A. R. It.,
vs.
Cannon.
An employee of a Railroad. Company, in
jured in its service, cannot recover therefor
against the Company, if he himself participa
ted iuthe fault or negligence which produced
the injury.- Judgment reversed.
Carroll,
rs. In Equity from Thomas.
Martin,
Harris, J.
Injunctions, both as to granting and the
dissolution are discretionary, and unless there
is gross mistakes, or injustice in the decision
below, this Court will not interfere.
(Judgment affirmed.)
Seward for Plaintiff in error.
Alexander fer Defendant.
Gay. )
ts. > Ejectment, from Barly.
Mitchel, )
- Walker, J.
1. One who goes into the possession of land
as a squatter, disclaiming title in himself
holds as tenant at will of the true owner, and
cannot secretly attonc to another so as to
make the possession adverse. Notice or
knowledge of the attonement must come to
the owner before the statute of limitations
will run against him.
(Judgment reversed.)
A. Hood for Plaintiff in error.
It. F. Lyon, Contra.
Judge Harris being related to one of the
parties did not preside in this case.
Adams, )
vs. > Motion from Meriwether.
Brooks. )
1. The doctrine that a bond for titles with
the purchase money all paid rests a legal title
in the purchaser is too well settled be repeat
ed decisions of this Court to admit of ques
tion.
2. If in such a case the vendor die, a non
resident of this State, administration will not
be granted in the county where the land lies
unless he has some property there of his own.
The land cannot be treated as assets to give
the ordinary jurisdiction.
(Judgment affirmed!)
Dougherty for Plaintiff in error.
P. , for Defendant.
Evans; )
vs. > Complaint from Taylor.
Walker, )
Lumpkin, C. J.
1. Under the ordinance of the Convention,
the Judge has no right to tell the jury not to
consider evidence of the value of Confederate
currency at tho time the contract was made,-
and restrict them to the value at the time the
debt became due. The ordinance being con
stitutional, this result follows indisputably
from its terms.
Judgment reversed.
Cabaniss* Peoples, for Plaintiff in error.
B. Hill, contra,
1
Illegality, from
Terrell.
Irwin, Administrator,
vs.
Turner,
Lumpkin, C. J.
If the defendant in fi fa has removed his
property, after jodgment, trorn the county of
his residence to another, it is ground for pro
ceeding with the fi fa, the same as if he is
about to remove it, and the case fully within
the spirit of the exception to the stay ordi
nance ot the late Convention.
2. The plaintiff need make no affidavit to
entitle him to have a levy made on the ground
th it the defendant is within the exception to
the ordinance. ,
3. The defendant may file an affidavit to
arrest the li fa., if he desires to controvert
the fact of his case falling within the excep-
tion to the ordinance. He may bring an
action of trespass for an illegal levy, hut this '
is not the only remedy.
Jndgmcnt affirmed.
Hood for Plaintiff in error. Lyon & Ir- \
win, contrx
Webb, )
vs. > Injunction from Chattahoochee. 1
Winn. ^
Lumpkin, C. J.
was remarkable for his self control. Whether
naturally quick-tempered or not. he seemed,
by the constant presence of divino grace in
bis heart, to be exempt from anger, as ho
certainly was from malice. He never spoke
with petulance nor even with haste, nnd was
the last man whom you would suspect of
cold-blooded, deliberate murder. Yet there
was something about this act of bin that
seemed tho result of careful premeditation,
constant study nnd deep design. All .his
plans bad been evtu.ntly laidlbi along time
to effect this very end. There i9 reason to
believe that be had often risen in the night
and spent whole hours in silent delibera
tion over some of the details, the perfection
of which was necessary to accomplish, what
he had undertaken. He seemed determined
to leave no stone unturned. There is ample
proof that he considered- the construction
and edge of weapons in great variety, and
took the greatest pains to remove from his
person everything that might constitute an
impediment to his arms, or hinder his feet
when he went about his work. Ke hnd liis
shoes so made as that he might not stumble
when he came near the victim of nis secret
purpose, and attended so carefully to the fit
of his garments that none of thun could by
any possibility get put of place at the ap
pointed time so asto hinder the ease and ef
fect of his movement*. He list! great regard
foraymmetry, the 6uboreliuationoJ each mem
ber and every action to every other part of
the whole man, so that when a blow-was to
be struck nothing should be so in excess as to
prevent the operation of Ins limbs in due
proportion.
He was very much aided, by his silenco
and reserve about tho important matter.—
Everything that lie did had*some bearing
towards it, either negative or positive. He
was careful to do nothing wbitftt might pro
vent, and everything that might promote the
object in view. Yet there was no boastful
ness, no parade of his power, hut a modesty
and diffidence that would not lead yon to
suspect him of undertaking- a thing of so
much magnitude.
The person who was to* be slain was grad-
u illy brought under his. control. Long be
fore the final act by whiali lie fell, he had: un
consciously become the slave of.a set of inge
niously devised circumstances and silent in
fluences, which Whuld bring matters to a cri
sis, and bring him, a helpless victim, within
the power ot the man who sought to tekehis
life.
One of the most remarkable facts connect
ed with this singular affair was the confidence
felt by the man who was afterwards slain, in
the man who slew him. The nearer the ap
proach tQ'tlie tragical termination, the more
unsuspecting and confiding was the-poor fel
low towards his Christian neighbor. The lat
ter brought h*m gradually under some kind of
spell from which it appeared tliat< lie could
not withdraw himselt. To that heart out of
which issued the deed which came to pass,
he looked for sympathy more than t<> any
other; into the ears of this agcsl-r.r.d crafty
professor he seemed most inclined to pour
his griefs.
There was no great intellect: displayed in-
the contrivance of this plot for circumvent
ing n fellow being—for the matt who devised
it was not highly gifted in th M, particular—
yet it had the merit of pcr&ci adaptation-
a ul complete success. And what rendered
the conquest more remarkable was the fact
that this very man who was so signally slain
had resisted, several former attempts ro take
his life. He had eluded tlic grasp of a very
powerful adversary. He had’ resisted! tho
plausible and eloquent persuasions of. in ire.
than one other who had advised and urged
him to take a step which would.have led to
the same result. I..deed, ha had been woften
assailed publicly andiprivately, and hvi with
such power of resistance met every bio .v, and
with such skill detected every detsx laid
scheme, that it seemed as if he never would
| become a prey to any. who wished.tc.ovcr
| come him. Success had made him Imastful.
| He knew there was a party animated 'by simi-
j Iar feelings in respect ro him which would be
! gratified by his downfall, but he actually
•gone so far as to ridicule their, power , and
i despise all their efforts. It 19 ptobable that
I if he had not mat the adroiMactician of
j whom we have givex>»n account who puton
1. Although the remedy at law may ap- i the livery of Heaven.to serve h:s-purpose£, iu v
pear adequate, yet if a Judge enjoins a com- andserved them sa.effectually, he might have
mon law case, pendin: in his own Court, and ! long gone on in his career. But he folk—
there 19 not a manifest abuse of his discre- “Pride goeth before destruction, aad a
tion, the Supreme Court will not interfere.— • haughty spirit before a fall.”
Judgment affirmed. fi'he man, the professed Christian, wliojcom.-
D?II. Burt, for Plaintiff in error. raitted this act is living yet, and at liberty.
E. G. llaiford. Contra. The law has not taken hold of him * ho waa
never tried, not even arrested; mid. if the
Morrow vs. Merchants’ and Planters’ Bank of j trQth ? lU8t be told, the state of publia senti-
Suvannah—Complaint from Terrell. j in the community whore he lives issuch
j that he has not been cecjured, tL-ftsigh it* is
Harris, J. j well known that he did the deed, atraeger
1. After the notes of a bank have been : still, some have commended huo for it,.nnd
pleaded as xset off to a suit brought by it, the better part of the Church his sustained
the bank cap amend the declaration, by sub- j him in it. There is, Very much reason be-
stituting another plaintiff as its usee. lieve that he will be so much encouraged that
2. It is an error to strike the j.!ea of set j he will do»something oi- the sanva sort again,
fin such case. But the most remarkable part ot tbr story
I 1 ”
IN. )
Equity from Oglethorpe.
Mandeville. j
vs. [ Caveat from Clay county.
Mandeville. S
Harris, J.
1. Irregularities acquiesced in ny a party
are cured—at least they cannot be urged in
tbe appellate Court, unless objected in the
Court below.
2. Letters of Administration may be grant-
wm
Lumpkin. .
Walker, J.
1. A deed wrongfully made by a trustee,
even though void, will, in a proper case be
cancelled bv Equity as a clowtl upon titls.
2. The bill is not multifarious.
(Judgment affirmed. >
Buchanan for Plaintiff in error.
A. Kenan, Contra.
The Chief Justice, being related to one of
the parties, did not preside in this case.
Coma
vs. | Habeas Corpus from Appling.
Reddish. )
Harris, J.
A colored child of fourteen years of age,
1 in thaciution.—JudgmentUrm- r.nS’Xnnd'^b,' ,t On
dinary as an apprentice under tlie act of 1S66,
without the parent's consent.
(Judgment reversed.)
W. B. Gaulden for Plaintiff in error.
• « contra. M,
ed. ■
A. Hood, for Plaintiff in error.
4. E. Bower, for Defendant in error.
Drso.v. i
vs. \ Complaint from Calhoun
Beckham, ) County.
Walker, J.
1. The formal words of the jurat to the an
swers to interrogatories may follow the names
.. i
The State. )
Farris
Assault from Marion.
off
Judgment reversed.
Morgan for plaintiff in error.
Carter, )
vs. > Certiorari, from. Thomas.
Commander. S
• Walker, J.
L A Judgment of the County Judge upon
possessory warrant, though not readered in
term time, may be carried before the Judge
of tbe Superior Court in tbe manner pre
scribed in the Act organizing the County
Court.
Judgment affirmed.
Seward & Wright fsz Plaintiff in error. W.
K Bennett, Contrx
part ot t ji- story
: has yet to he told. The man that n .<ts slain
j is living. Ha says was killed, and insists
j upon it; He came ictotkc church where tlie
! old grsy-haired man. was a member, and said
I he wanted to join it; and when asked to give
I some account of himself as to the reasons why
he had so suddenly become religious, ami all
thai* ho pointed to the aged professor, and
. wish a very peculiar expression of couatc-
li&uce, aud a tremulous voice, w hile a tear
tumbled in life eye and r*n down his
cheek, he said;. “ That -suin'sM/e slcn iar.”
Reader, did your life ever sxiy a man*
A Dictator.—TheCincinuafi Commercial,
whose radicalism wlii not questioned, has
The Late Bishoi* or Florida.—Au
change says that Bishop Rutledge was a naan the following paragraph:
of very low stature and extremely attenuatt d If Jud KullcY -<, bin, voting in the Chiof
frame, but of no httla pluck when lie zon- j U3t j ce t^o appointment of interr.il revenue
ceived himselt under a call ol duty, having in officer8 becomes a law; and that of .Mr. Ward,.
him a spark of the olu revolutionary lire. 0 £ jy CTI York authorising him to appoint
Although a solitary man of most retiring Provi ^ lona i Governors ot the unrepresented;
liabtis, lie WW capable both of feeling and Stalej> K<)Cs through, the Chief Justice may
inspiring Jeep affection. During his last „ 3 well'throw off the judicial ermine and as-
sickness, whi'e the lingering torture of cancer romo tile imperial purple. The combination
in tho rsoutli waa eating out his life inch by of Mccu tive and judicial functions woubbbe
inch, it k said that an old family servant of com[l i ct e. If some one can be found taiia we
his. who had been permitted to live in WOB |,> DO t like to awear that he caunot) to ij^.
Charleston, hiring out his own time, and trot j ucu a bill authorizing him to uiajtp the
whom the Bish<*p had not seen for jeara, j lawSi as weft as decide upon them, usd e xe
cute under them, we shall have the dictator
full fu dged, ami it will hot be of t-he least
con:- .. ii-uce who is the r.- xt President, but it
might *e of the nny fir:. .iupojrtanec.tftJroow
wbu is to be the next Chit: Justice.
heard of his affliction. At bis own expense
this devoted freedman at once traveled to
Tallahassee, presented himself at Ins old mas
ter's bedside, and announced bit intention
to :tav by him and nurse him as long as life
should last. Touched by so beautiful a de
votion on the part of one whose face he had
almost forgotten, the Bishop—most of whose
little oompeteney was lost during the war—
altered his will, and bequeathed to his faith
ful freedniau a portion of the little that was
yet left.
r-VThe King of Prussia visits Paris next this market does not exceed twelve million^
b bushels,—Jf, 7. dispatch..
fjf Great Britain is renewing her demand:
upon ns for gra n. In the past two days
aOoUt n quarter of a million ot bushels have
been shipped, embracing large quantities of
barley and peas, with some wheat, coin and
oats. Probably our whole stock of grain in