Newspaper Page Text
Tlie Greorgia, eelcly Telegraph-
GEORGIA TEJ.EGRAI’H.
MACON,. FRIDAV, JlI.Y 5, 1867.
The Extra Session.—The New York Tri
bune says the vole* of the Republican jour
nals i« unanimously given for a July session.
With a few exceptions, the Radical opinions
an moderate and firm, and counsel & ihort
session strictly devoted to the definition of
the Reconstruction law. without unnecessari
ly meddling with impeachment and confisca
tion.
Orders to Sheridan.—The Notion
al Intelligencer understands that the ..’’resi
dent has sent a telegram to General Sheridan
directing him peremptorily to extend the
time for registration of votes in his Jis.rict.
Macon Counts-.— 1 The number reg' stored
up to 12 o’clock,-m., .Tuly 1st. is 1,804—318
whites, 088 blacks.’ Gen. Phil Cook, Ool. W.
H. Robinson .and Col. Geo. W. Fish, present
ed their pardons and applied to register; the
Board refused, until further instructions front
Gen. Pope.
Will the Macon Tf-legkaiti do us the
favor to give its readers out. version of the
“ tall swearing” matter, about whim it re
cently saw fit to call on us for proof ? All we
want is to be set right before, the world. This
is due us, and hence we demand it from the
Telegraph. Now tile question is, will it do
it ? Time will tell.—Burly County Xeics.
Certainly, send on.vour “version," and we
will “give" it. We have already given all
that we have seen, but may have overlooked
something, hence will publish when received
for your sake, if desireel, though wo feel no
further interest in the subject.
IST’Thc Atlanta Intelligencer is “down"
on Lookout ’Mountain as a place of resort.—
It says Lookout is a fine plnce to go to, but
no place to stop at. The scenery will do to
look at and quit; the local natural curiosities
are humbugs; the atmosphere no better than
that of Atlanta, the boarders looking like
they were “sold,’? and some of them saying
so; the water bad, and the transportation a
cheat. Something must have gone wrong
•with our Atlanta contemporary during his
late trip to Lookout. Visitors from this sec
tion give a very different account of the place,
its attractions and accommodations.
“IIf.nry the Eionm and bis Court."—
Havens & Brown send us this handsome nnd
intensely interesting historical novel, by the
powerful writer, Miss L Muhlbnch. It is a
work of absorbing interest, narrated in the
most graphic nnd dramatic style, and relating
to the most interesting period of English
history. But few copies are received as yet
—price $8, nnd those desiring a copy had
better procuro it at once.
The rumor was current at New Or
leans on the 29th, and generally believed,
that Gen. Sheridan would be relieved, nnd
• Gen. Rousseau put in his place. A different
opinion obtained in Washington, where the
movements of the political maohinery are
better understood. - In former days, such a
communication ns ihat of Sheridan to Grant
would liuvc cost the former his uniform, nnd
at short notice. Times, however, have
changed", and a subordinate, should he tic a
Radical in politics, is at perfect liberty to say
what he pleases about bis commander-in-
chief. It is probable that no action will be
taken in this case under the peculiar condi
tion of the times, but we must say that if the
President declines to remove Gen. Sheridan
for bis insolence, lie might ns well abdicate
his military-office at once, for, practically, it
will amount to nothing else.
Tne Nkc.ro and the Radical.—The New
York Commercial Advertiser -avs- “Fr<m
now, with negro “ <> ' 1 ‘be Drain ot fanatics
and demagogues, Frederick Douglass, a man
of a high order of intellect, and of unexcep
tionable character, conld not get into the
Constitutional Convention. ’The Tribune,
with all its blatant zeal for Southern negroes,
who, ns it confesses, are “ignorant of the
means ‘by which suffrage is expressed,’ had
no word of favor for Douglass, and its editor,
who was in the State Nominating Conven
tion. was too intent upon his own nomina
tion to think of Douglass."
ggr The monthly report of tho Bureau of
Statistics shows that the experts from the
United States in the first quarter of the pres
ent year, were about one hundred and thirty-
three million dollars worth, and that of this
amount the Southern Stntes furnished ninety-
two millions. This is a surprising record, for
it shows that these States contributed seven
ty-five per cent, of the whole of our exports
for the time mentioned.
You Have It.—The Griffin Star calls upon
us for “philosophy and pure Statesmanship.”
You have them, friend, in the at tide of
which you complain—hard philosophy and
severe statesmanship, ’tis true, unmingled
with prejudice or personal predilection, but
tbe only sort that are suited to the temper
and demand of the times. We did not ex
pect many to like it. but nobody ever yet
liked physic, however useful to tho bodily
health. You will like our suggestion better
the more you flunk of it.
The Man for the Place.—The Augusta
Chronicle says "the duties and powers of a
Register in Bankruptcy are large and respon
sible, and require lor their proper administra
tion and enforcement legal ability of the
very first order.” IIow does Sandy Murray
fill tho bill.
Boston Still Engaged in tub Slave
Trade.—The following item appear i in the
Albany Journal:
“A gentleman from near Columbia S. C., a
prominent leader during the war, pu chased,
a few weeks ago. in Culm, where le has a
plantation, one of his former slaves, i ho had
been landed and 6o)d by Boston skip’iers.”
As long as there is a negro to kidmp and a
market to sell him in, pious and phili nthrop-
ic Boston ship owners will be found : duly to
coin money out of his flesh ar.d blood.
[Augusts Con.
REASSEMBLING OF THE JACOBINS.
That body of revolutionists who have sig
nalized their reign by a total overthrow of the
American Constitution and the erection of a
military despotism over a large portion of our
once free people, are about to meet.again at
the call of Thad. Stevens, the chief of their
clan. They arc gathering at Washington,
and there is but little doubt that a quorum
will be on hand to carry forward the revolu
tion thus far so successfully accomplished.
There is no telling what it will do at the
approaching session. They have no rule of
action except their own despotic will, and
can do just anything. Whatever they may
enact against any portion of the people, will
stand for law—it will be a political question,
over which the judicial power of the country
lias no jurisdiction, according to its own es
timate of its authority. It may deprive tbe
President of all power and assume executive
functions to itself;it may order every South
ern Governor to be banished from office or
to be hung, or the property of the people to
be taken away and divided out among those
who need it and arc too lazy to work for it—
all will be legitimate and right, or what
amounts to the-same tiling, nobody has a
right to question their omnipotence.
Such being the case, we look for no good
from a-bodv who have loiigsincepartcd with
all statesmanship, sense of justice, .'UuLeven
self-respect. Their great motive for reas
sembling is that the South is not oppressed
enough under a reasonable execution of their
tyrannical laws passed at the late se-sion,and,
to-their minds at least, lias given indications
of submitting to them quietly and getting
back into Congress, a tiling that was never
intended. They will, therefore, in all prob
ability, tie up still tighter the hands of the
President, divest him of all power as Com
mander-in-chief of the army under whut was
once known and respected as the Constitu
tion of the United States, give unlimited
power to the district commanders, and ex
tend the list of the disfranchised so
as to place everything in the South at the
mercy of the blacks. This will no doubt be
their programme, and that miserable old
ghost, the Supreme Court, will gaze upon the
spectacle cither’with approval or impotent
bewilderment. Whatever may be done must
fall liardly upon the South, whom they de
light to hate even without a cause. She has
done nothing since the regular adjournment
that has not been generally approved by the
large body of the Northern people. Her
citizens have been quiet and orderly, and
many that once stood prominent among
them have stooped to a degree of self-abase
ment and degradation sufficient to satisfy the
most exacting nnd revengeful Radical; but
all goes for nothing—slie must suffer, es
pecially as she appears, from many public
manifestations, to glory in her humiliation
and shame.
But speculation is needle^. In a few days
we shall have tho programme and full notice
to prepare for our fate.
‘WHAT SHALL WE
SAVED?”
DO TO BE
lif Speaking of Foote and fen‘Ale suf
frage, the Petersburg Index says : Tl.crc has
b.'en no vagary started in this cot stry for
fifty years that this foot didn't get into it
sooner or later.
The Mobile Advertiser says: “The Hon.
B. H. Hill, of Georgia, is writing for the
Augusta Chronicle a series of papers, under
tho title of “Notes of the Situation.” They
nre remarkable for their power and earnest
ness, and attracting, as they naturally should,
a wide-spread attention. We desire to make
room for all of them. For special reasons we
lay before our-readers No, 4 ot the series, be
cause it meets the reasons in favor of what
is called ‘accepting the situation,’ i. e. ac
cepting, endorsing nnd ratifying the military
plan of reconstruction—reasons which. find
their foundation either in fear of worse things
in our alleged helplessness, or-in the fact
that it is the best that we can do.
“We have expressed our deep regret that
the sanction of names most honored in Con
federate days is given to the support of this
expediency policy—Gen. Longstreet openly,
and Admiral Semmes impliedly. • But so it
is in all great crises of revolution. It is the
gift of only the few—often of one single man
—to see clearly though tbe mists of exciting
change tlie ends of truth and principle, to
have the courage to stand firm nnd resist the
temptations and perils of surrounding influ
ences, nnd the genius for action to lead the
bewildered masses through the Red Sea.
We must not be surprised, therefore, if mul
titudes of our jiublic men fall by the way
and' yield, some early like Gov. Patton and
Brown, and others, later, like Gen. Long-
strcct and Capt. Semmes. We ask the read
er's careful perusal of the argument of the
clear-sighted and brave Georgia statesman, to
show that everything, including honor, is to
be lost, and nothing to be gained by the course
which these gentlemen advise. In so solemn
a dilemma, let no man be governed by tlie
weight of names, but judge for himself on his
conscience and liis duty to God nnd
country.”
“Tbe Dominion of Canada.”
The New York Tribune says:
July 1st is to be a holiday across our North
ern frontier. On that day, “Tlie Dominion
of Canada” becomes on actuality. It em
braces at present what were formerly known
as Upper Canada, (henceforth “Ontario,)
Lower Canada, (henceforth “Quebec,”) New
Brunswick and Nova Scotia, but is expected
soon to attract and incorporate also New
foundland, Cape Breton, and, in fact, all
British America. Lord Monck, hitherto
Governor General of Canada, is to preside
over the new “Dominion,” on a salary of
£30,000 per annum, and his chief advisers arc
to be drawn from each province of liis sub-
realm. The coalition of so-called Liberals
and Conservatives, which has carried the
consolidation, is to be perpetuated if possi
ble ; though the greater number of the Libe
rals seem to think that it lias already lasted
Nates on tho Situation---No. 9.
nv B. M- HILL.
F.-om the Chronicle k Seatincl.J
The time lias not come to write Confederate
history. Passions control men. Falsehood
and slander are more accqitabie than troth, to
the spirit of revenge. Truth would shame
revenge, but falsehood gratifies it. Besides,
the most important Confederate archives, con
taining the reason, the philosophy, the ex
planations of. Confederate actions and history
and motives, are not accessible. It may be
proper to add I donotknow where they’are.
They have not come to light, and it were well
for some who seem to be in high favor with
themselves and the deluded people if they
never come to light. I am no Siulduccc, and
however the wicked flourish now, I have firm
faith in the resurrection of the just.
But many will write. Confederate histo
ries, biographies, memories, recollections, etc.,
etc., are getting to be plenty as blackberries-
in June,but not half so valuable. I have tried to
keep up with these premature births, but find
it difficult. I lmve seen enough to know that*
nearly all of these books are written either by
or under the immediate supervision of those
who were chiefly intent during the struggle
in making war on the Confederate administra
tion. They were, therefore, excluded or ex
cluded themselves from the Confederate coun
cils, and really know less than most people;
and the little* they do know, or think they
know, they receive*d through a very jaundiced
medium, which gave'it horrid colors. Some
of them seem, at last, to be discovering, what
unselfish patriots always knew; that, in mak
ing war upon, and in breaking down the peo
ple’s confidencein the Confederate administra
tion, so unjustly and so falsely too. they made
war upoD and broke down the Confederate
cause. They fear tho world will find this out.
Conscience being thus troubled and reputa
tion in danger, they become restlessand can
not wait. They rush forward like most crim
inals, to justify before they are formerly ac
cused. Others write to get pay,and say any
thing to fill a book. Hence these works are
generally self-vindications, or self-eulogies,
or miserable libels and perversions, and are
not only unworthy of credit, but should be
held as* insults to an unfortunate but gallant
people. General Early’s book is an ex
ception. He writes of wliat lie- saw and
did, and writes like a patriot. His work will
be valuable to the historian hereafter. There
may be a few other exceptions, but I do not
now think of them. Some others of like
character are said to bff preparing, which I
hope will appear.
But the fiercest storms exhaust themselves,
and so will even this storm of the' American
passions. Revenge cannot always rule. Tlie
full truth will appear and impartial history
will be written. In that day. I venture now
to say, no fact will be brought out more
clearly than this: The Confederates were
not conquered by cither the skill, or the
power, or the numbers of their armed ene
mies. The Confederacy was crushed by
ideas, and not by bayonets. And the ideas
were.veiy few—indeed may all be embraced
in two; and neither had tlie slightest foun-1
dntion in truth. They were born of treaeii- i constitutional. Whether we be States or
ery and disappointment, aud nurtured by Territories or -Provinces, Congress is forbid-
tliose worse than Gorgon whelps—ambition, t]en by the Constitution to deny trial by jury,
selfishness and revenge. • or to authorize a warrant without oath, or
Here are the ideas: put upon trial without indictmct t, or sus-
1. That the Confederate Government had I p en{ j habeas corpus, except during insurrcc—
become or would become a permanent mili-1 tfdnor invasion, in case of a citizen, or estab-
tary despotism. * lish military rule over citizens in time of
That our people had but to lay down their j p eace anywhere—in an}’single foot of land
”***" 0 “' ,0 *” —-State, Territory orPrivincf. These.these,
There were several considerations which made oh, my deluded countrylnen ! these are the
our people pecuHarly liable to be entrapped into constitutional shield and buckler and helmet
believing these ideas.' In tbe first place, the masses am (. breastplate of every American citizen, of
of.tbe Southern people really loved tbe Union I rfo nwm inch of Ainori-
according to the Constitution. In truth, they every grade and color, on every inc n otAmen
were tbe most faithful and devoted friends the can soil. They arethe whole armor of liberty.
Union ever had, or, I fear, cver_ will have, again. And every oue of these tlie Military Bills
Points Decided by the Supreme
Court of Qeorgia, at Jnno Term,
1867. |
Reported expressly for tho Chronicle 4-Sentinel.!
WARNER, CHIEF JUSTICE
James S. Odom, )
Plaintiff in Error, ; Libel for Divorce—Ma- |
rV. I con county.
Harriet Odom. 1
1. The declarations of the wife when in the
act of leaving her husband’s house and tak
ing certain articles with her, made in the
presence of his sons, are admissible in evi
dence for the purpose of showing and ex
plaining her motives and conduct, at the-
time. although her husband was not present.
2. Tlie ante nuptial agreement between
the parties was admissable in evidence for
the purpose, of showing the source from
whence the property was derived.
3. In view of the facts of the case, there
was no error in admitting the evidence of
tlie transfer of defendant’s property to his
children by a former* marriage shortly before
tlie separation of tbe parties.
4. There was no error in the charge of the '
unmistakable intent of destroying the Constitu
tion; and that in this wotkthey are now joined and
aided by the most vindictive, the most active and
the most unscrupulous ol' the original Southern
secessionists.
3. That the Southern people became weak in
prosecuting the war only because they listened
to this pledge, and laid down their arms only
because they believed it. That though this
generation may be helpless because they were
entrapped, the next will refuse to believe and
will remain strong—invincible. That these de
ceptions can breed nothing but distrust; that
these oppressions can produce nothing but hate;
that oppressed and oppressors can never live to
gether in peace, and that our-children and chil-.
dren’s children will be the victims of this Ty-
phaau union of the Northern Radicals and the
Southern Secessionists, with no gain to either
section, but "havoc, and spoil and ruin.”
Number 10.
It is saitl the negro race is now free, anti
made citizens by our laws, antT, therefore, are
entitled to political as well as civil equality.
It is idle to reason with a fanatical mind.
A fanatic is a lunatic. The conclusions of
such are never founded in reason nornffected
by experience; they are founded in feeling
and live only on passion. We must appeal
and still appeal and not cease to appeal to
tlie ratipnal American mind, and by reason
and the experience of mankind, save, if we
can, oyr country from the awful, indescriba
ble horrors which must resell, and result
soon, from tbe crazy domination of men who
make “liberty and equality” the touchstones
of political wisdom. • This mad theory is.
nothing but war upon the teachings of reason,
the experience of all ages, and the law of
God. It \yis never the doctrice.of any but
the ageiiTs of revolution, an-. it never bore for
any people any fruits but anarchy and blood
and the evils that follow in the train of unre
strained passions.
But to suppose, as an abstract proposition,
we concede the negro Taco is entitled to po
litical equality: how does that justify these
Military Bills? Does the negro’s right to
vote authorize a violation of thc-Constitution
by Congress ? • If it is right to enfranchise
tlie negro is it right to disfranchise the
whites ?
No principle is better or more universally
conceded in American politics than that the
people of the States alone must regulate the
political franchises of tlieif citizens--each
State for itself. It this principle is to be re
jected, then no other need be respected. The
first great question we must determine is this:
Do we mean to support the Constitution, or
do we mean to violate it ? Do we meaD, when
we swear to support-the Constitution, to vote
for that which violates the Constitution, and
'justify our peijury by some vagary about ab
stract right? I press the question to -every I move for a new trial, and the rilling of the
man's conscience: Have you obtained your j court upon that motion is subject to review
consent to disregard the • Constitution ?—j of this court.
Don’t dodge, or explain, or qualiiy; answer 3, "The law presumes that a Judge will per
form all his official duties; and that he will,
upon proper application, grant a new trial to
Judgment reversed.
Hawkins lor Plaintiff ib Error.
| Scarborough fob Defendant in Error.
i Henry S. Davis, AdmY., j -
I Plaintiff In Error, (
. | Equity—Schley.
' W’m. A. Black, et al. . J
walkek, Justice.
New parties may be added to aii original bill by
an amendment in' the nature of a supplemental
bill, and the representatives of deceased parties
may be made patties by scirefacias—see Code4993.
Judgment affirmed. -
Blandford Hail for Plaintiff in Error.
B. Hill for Defendants in Error.
Win. Sanders, c*. nl., '|
Plaintiff in Error, I. Gwinnett.
John Etekison. J
WALKER, i.
When several joint defendant are declared
against, as “of the said county,’ some be served
and non cU returned as to others, and a plea in de-
batement be tiled, alleging that some ot those not
sued reside in other counties of this State, the
plea will be overruled aud the ease proceed against
those sited (Code, 3263). II a portion ol those
sued be dead, the case may proceed against the
survivors without making tbe representatives of
the deceased parties. Certain stockholders ol the
Wm. A. “Shrine, Pl’lfin Error, )
Jos. T. Simmons
> Bjuity—Bnrke.
court to the iurv, upon the facts disclosed I Lawrenceville Manufacturing. Company, under
hv the record. in regard to cruelty and con- tlieir hands and seals, guaranteed a t e e s
by the record, in regard to cruelty and con
donation.
5. AVhcn the verdict of the jury is in favor
of a divorce a vinculo matrimonii.between
the parties, and they further find the sum of
§12,000 in favor of the plaintiff. Held that
the legal effect of- the verdict, under tho
code, is to vest that sum in her as permanent
alimony during life only, for her maintaifi-
ance and support, according to her rank and
condition in life.' Judgment affirmed.
Hall, Cobb and Jackson for Plaintiff in
Error;
Warren, Robinson and Snead for Defend
ant in Error:
Christopher’ McRea, j
Plaintiff in Error, ! Ejectment— Montgoui-
ts. f ery.
Wiley Adams. J
WALKER, JUSTICE.
1. Where no motion for a new trial was
made in the court below, and case brought
to this court on the ground alone that the
verdict is against the law, the evidence and
the charge of the court, this court will not
grant a new trial. This court is organized
l'or the correction of errors of law and equity
committed by the courts below. It has no
authority to correct the errors committed by
juries.
2. If a party in the court below be dissat
isfied with the verdict of the jury, he should
said Company then outstanding, and bound them-
selves to pay all of said debts to the creditors who
would indulge the company upon their claims for
ten months from that time. Held, that a creditor
who had indulged the company the ten mouths
could recover his debt against the company Jrom
said stockholders, without having notified them
that he would so indulge the < ornpanj*. By com
plying with the terms presented, the creditoren-
titled'hiinself to tlie benefit ol the provisions of
the guaranty or obligation.
When a general Verdict is rendered in a case
-where some of those named ia the writ are not
served, and others are dead and their represen
tatives not made parties, the intendment of law
is, that the finding is against .those served and
in life. No others are parties to the issue sub
mitted to the jury-.
When a judgment has been rendered and an
execution issued, the mere absence of the execu
tion is uo evidence that the judgment has been
satisfied. If a party allege the payment, ho
should establish the fact of such payment by
proof. Judgment affirmed.
Simmons and Wynn for Plaintiff iu Error.
N. Id. Hutchins, W. Hope Hull, for Defendant
in Error.
et. al.
WALKER, J.
A judgment rendered by a court of competent
jurisdiction cannot be collaterally attacked ; it is
good until Vacated.
One judgment may, upon motion, be set ofl
against another, where such set off is equitable.
Judgment reversed.
J. J. Jones for Plaintiff in Error.
for Defendant in Error.
Elias D. Field, Adm’r,)
Plaintiff in Error, I j^^-Bartow.-
J. S. Leak, et. al, J
• ' walker, .r.
Reversed because the court erred in refusing to
grant a new t ial on the ground that the verdict is
strongly and decidedly against the weight of evj.
dence. Judgment reversed.
G. N. Lester for Plaintiff in Error.
Parrotf <te A kin for Defendant in Error.
The State 41 Georgia, Plaintiff
iu Error, ‘. Action on /mount
j*i I —Muscogee.
Beadford and Snow.
WALKER; .7.
The “Act to prevent the spread of small pox in
the State,” passed 18th December, 1SG2, is-uot re
troactive; and, therefore, the State is not liable
for a debt contracted by a county for tlie use of
small pox patients, prior to the passage of said act.
The object ol the act was to prevent the spread
of smali pox, not to pay debts. Judgment re
versed.
I’eabody lor Plaintiff in Error.
lor Defendant in Error.
Opinion of the Attorney General as
to the Qualifications of Voters.
the question. Have you obtained your con
sent to disregard the Constitution? Have
you, obtained your consent to swear to sup
a party entitled to it. Wright vs. Georgia
Aisiimpsit-
Carroll
port the Constitution, and then.flippantly \ Railrqad, decided at June Term, 1SGG. This 1
write or say, “The Constitution is dead IP—
If dead, why swear to support it ? If not to
be regarded or respected or obeyed, why
swear to support it ?
' Tlie Military Bills are conceded to be un
it required many year* of slander anil intermed-
cling and threatened Aggressions and.bad faith on
the part of Northern extremists, andot importu
nity and fiery exhortation by the Southern extrem-
esta, to make the masses of our people entertain
the idea that their rights were not safe in the
Union. And, when finally they did consent to
leave the Union, the great actuating motive in
going was tp save the guarantees and principles of
the Constitution, which they were persuaded could
not he preserved by remaining In the Union. And
they were assured by the extremists, North aud
South, they could go peaceably.
Again: While many of our intelligent men
and counsellors were actuated with sincere con
victions, and did honestly believe a division
mifit como sooner or iater, and that the sooner
it tame the better for all sides;, yet, tlieye wore
ottiers who had far other motives. These last
did not act from convictions, but from desires.—
Therefore, they were very noisy and clamorous.
They abused everything in tho North, and de
nounced as traitors and submissiopists and cow
ards those of our own people who did not believe
the Union ought to lie dissolved for existing
causes,-or could be dissolved at ail peaceably.—
As light things rise when the air is stirred, so in
the excitement of passions these men became
tho favorites. They expected to bq the founders
of a new government, und go down to posterity
as tho Washingtons and Jeflersons of a Republic.
Bat the war came and that portion of the
masses who wero most anxious to secede were
disappointed. Secession was to ho peaceable.
So the high offices in the new government
wero filled, and alas ! how many of tho noisy
and self-sufficient wero disappointed? Republics
are ungrateful, and the people strangely thought
it was necessary to select considerate men to
make Washingtans!
As the war progressed, hardships Increased.—
These hardships caused some to grow unwilling,
and tho Confederate Government was driven, as
have been all people who go to war, to employ
harsh measures to make the unwilling do their
duty. These harsh metsures required agents,
and’ agents, as.agenis often do, became exacting
and oppressive! These harsh measures were
seized upon by tho disappointed politicians, and
used as pretexts to make the people beliove their
government intended to establish a military des
potism. In the meantime speculation becamo
riotous ; tho example being set by some in high
places, others also thought it no harm to use
these “God-given talents to make money.”—
These evils multiplied the necessities for harsh
measures to support tho army, and tho harsh
measures increated the noise of the politicians
and the consequent demoralization of the
people.
"While this internal treachery was doing its
work, the United States, iu every form, and by
every departmeni: of their government, were as
suring our people they had seceded under a mis
take; that tbeir rights were secure iu the Union;
that they had no purpose in prosecuting the war
but'to preserve the Union unimpaired; and that,
indeed, our seats were vacant in both Houses of
Couerces, and wo had nothing to do but to send
members to fill them. Emissaries came from the
North under pretence of being driven here as
Southern sympathisers, and joined our malcon
tents to disseminate these twe ideas. Treachery
became bold and desertion became respectable.
Iu this way the masses oi the Southern people
were conquered, and the remnant of prtrlots were
overpowered.
The actual statistics show that during the two
last years of tlie war, for every one of our sol
diers whom the external armed enemy killed,
disabled or captured, tho internal unarmed ene
my induced three to desert. And this work
went on, too, in tho face of tlie fact that General
Grant's ouly policy for defeating General Lee
was in wearing out his army; nnd also in the
face of the tact t hat Mr. Lincoln, in his last an
nual message, declared the hope of suppressing
the rebellion consisted in the abandonment, by
the Southern people, of their President or chief.
Therefore, I affirm, the treachery within was
thrice as strong as the power without in subdu-
. Hiram Sharp, Plaintiff iu Error,)
vs. >
Thomas Bonner, Administrator.)
walker, justice.
Where a verdict, fully sustained by tho evi
dence, is set aside by the court as against the
weight of evidence, *and a new trial grantod, this
court will reverse the judgment and allow the
verdict to stand. Judgment reversed.
Buchanan for Plaintiff in Error.
W. W. and H. F. Merrill for Defendant in
Error.
John W. Lewis, Supt. W. A A. |
Railroad, Pl’ff. in Error, Casc _p U ; ton .
us. i
Susan Whidbee. j
WALKER, J.
A charge not waranted by the facts should not
be given to the jury. Judgment affirmed.
A. J. Hammond for Plaintiff in Error.
court will confine itself strictly to the duty
of correcting errors of the courts below, ancl ,
will not usurp .the power which, accordingl Joseph E. Brown for Defendant in Error,
to law, belongs to those courts. .TnfT«*m'ent ■
affirmed.
Hartridge for Plaintiff in Error.
J. Rivers for Defendant in Error,
Howell Clicny, Pl’ff. in Error,
■ Complainant—
j Taytor.
The State of Tennessee,
Plaintiff in Error,
S. S. virgin.
J- Debt—Bibb.
WALKER,
James It. Walker.
• - WALKER,
! On the trial of an action upon a promissory
; note, given for Confederate notes, borrowed, the
| Court charged the jury “that in determining tho
i. equities of this case you may consider the law
! read from the Code (see 2723) authorizing the
Plaintiff declared on a judgment rendered in the holder of a note payable in specifics, on failure
Shite ot Tennessee in 1838, to which the defendant j of payment,to receive the value of such articles
pleaded the statute of limitations against judg-j at the time the note was due and. payable, bat
ments rendered out of this State five j'cars. The you are not bound to do so. Held that ,his
Court below sustained the plea. Held, that the I charge is erroneous, and calculated to make the
Court decided right. Judgment affirmed.- jury believe that the value of Confederate notes
at the time tho note falls duels the amount they
should find.
This Court at the last term in the case.of Evans
Wolbot* of tlie
• feleojl ;
tes, curl t
; actual! 1
Dale nisi to establish lost note
—Monroe.
authorize to be disregarded, and placed at
. tho will of a military officer, who is-, not even
a citizen of the State of Territory in which
he dominates.
I ask again nnd again, and' I beseech all
men to ask--it is the earnest, anxious, pierc
ing appeal of-the dying hope of liberty:
Are you willing to violate the Constitution?
Are you willing, first, to swear to support it,
with tlie intent, at the same time, of swearing'
to violate it? Then, I proclaim—-all poster
ity will proclaim—your hell-mortgaged con
science-wilt 1 never cease to proclaim: ydu are
perjured, nnd peijury is not half your crime
T^-you commit peijury in order to become a
traitor!
And now mark this: The very oath which
yon take requires you to swear to support the
Constitution, and if you; take that oath apd
then vote fqr a convention to carry out these
Military Bills, or aid in carrying them out,
you vote to accept, to approve, to establish
that which is a violation of the Constitution;
and, just as sure as passion shall subside, and
reason return to our people, and sober, oath-
observing patriotism shall .again rule in the
land, so sure will you be branded, and justly
branded, as a felon and whipped through
out the land with the stinging, ceaseless
lashes of public infamy, because you took
an oath to support the Constitution with
intent to violate, because you committed
peijury in order that you might help to
destroy your country. Aud in vain will you
hunt excuses to palliate your changeless in
famy. Tlie malignity which now makes you
call patriots rebels; the cowardice which con
tinues a war upon the unresisting whom you
induced, with the most sacred pledges; to lay
down their arms; the meanness which devise?
oppression for thehelpless ; the vileness which
presses dishonor on those you have entrapped 1 Suit, was brought on a policy ol insurance,
your powBR m tMl MM
Roderick Rutland,
Plaintiff in Error,
.
Th’os. Ilatham.
. • walker, j.
When, upon an application to establisn a copy of
a lost promissory note, tlie parties are at issue
whether any such note was in fact made, the par
ties are entitled to have the case submitted to a
petit jury, and Cither party may appeal to a special
jury. .Taylor vs. Riggins, £0 Georgia.
This right may be waved, however, by consent
of the parties, as is frequently done, by transferring
cases lrom the common law to the appeal docket
without a trial at common law.
And when such a case is submitted to a special
juryin the first ius'tancenot only without objection
but “parties assenting thereto as understood by
the Court,” the finding will be upheld—the parties
wijl be considered to have waived tbeir right to a
trfal before a petit jury.
In civil cases it is wiYuin thu legal discretion of
the courts to allow the jury to be polled or not.
If the jury, after agreeing upon their verdict,
disperse by consent of the parties, the court is not
bound to permit the jury to be polled upon the
subsequent return of the verdict. Smith vs.
Mitchel, 6 Ga., R. 105—6. Declarations made
by a party in his own favor to be admissible as part
of the res yettae must be shown by the evidence to
have accompanied the act, or so nearly connected
therewith as to be free from all suspicion of after
thought.
A juror will not be heard in impeachment of his
own verdict.—28 Ga., 7S and 190, 30 Ga., 890.
This court will not grant a new trial oa a mere
preponderance of evidence against the verdict aud
the charge of the court, though the court may
differ with the jury as to the preponderance of
proof; provided there be sufficient evidence to
support the finding, especially when the Circuit
Judge refuses to graut a new trial.—29 Ga. R., 365,
2S Ga. Rep., 320, 481. Judgment affirmed.
Cabaniss & Peeples for Plaintiff in Error.
R. P. Trippe for Defendant in Error.
•Win. E. Jackson, Ex’r, j
Plaintiff inError, j
t\s. V Debt—Richmond.
The Southern Insurance I
Company. J
WALKER, JUSTICE.
vs. Walker having reversed the decision of the
Court below for holding that the value ol Conled-
crate notes at tlie time the contract, falls due is the
real equity between tbe parties, the instruction
here given is virtually the same thing.
Judgment reversed.
Cabiuess & Peeples for Plaintiff in Error.
B. Hill for Defendant in Error.
Calhoun and BeddiDgfield,
Plaintiffs in Error,
1
j Assumpsit—Bibb.
The Man’fr’s Bank of Macon. !
C. and B. drew a special dratt in favor of M. B.
on C. and G. “against 172 bales of cotton, the title
ol which is eonveved to M. B. and is consigned to
you (O. and G.v subject to the payment of this
draft to M. B. or his order.” This draft was ac
cepted bv C. aud G. Upon a suit by the payee vs.
the drawers the Court, charged the jury that under
•this contract Plaintiff had the right to take con
trol ot the cotton, consigned to C. and G. and take
the same out of their possession. Held that this
charge was error. (See Code 2728.)
From Evans r*. Walker, decided at December
term, 1SGG, out conclusion is, that in that class ot
contracts embraced in the ordinance, the proper
course to be pursued is this: Let the Judge who
has the case to try, give tha ordinance in charge,
the whole ordinance (not that every part applies
to every case that comes up), aru\ then instruct
the jury to consider the whole, not for the purpose
quite long enough. After the new rule has
to nos a dispensed its patronage, the number of its
adversaries may be expected rapidly to in- | ing the Confederates.
Thus, some of those who were most active in
destroying the Union, were also most active
in destroying the Confederacy. And these
are now 'hi favorites in the South with
tlie Radicals of the North. They are receiv
ed into the counsels at Washington; anil they
are check by jowl with Wilson and Sumner
statesmanship which disfranchises white men
in order to enfranchise black men; the crim
inal philanthropy which provides for the sure
destruction of the deluded negro race under
pretenge.of elevating it,’ all these will only
rise up to mock and laugh at you then. Like
the hell-hounds which “death by rape begot
of sin,” when Hdaven's Almighty hurled down
to licil those who, by deceit and force, sought
to destroy Hi9 supremacy, these very pre
tenccs whiclt hate begets of hypocrisy, in this
attempt to destroy the Constitution, will be
come “yelling monsters” in the political bell
into which the genius of constitutional liber
ty will cast you, and will “kennel in the
womb that bred them,” aud "howl and knaw”
and “vex with conscious terrors” forever.
I know how lallen is human nature; I know
how nations and peoples have often become
the mere prey of bad, ambitious rulers; I
know the streams of blood with which hy
pocrisy, under pretence of saintly purpose,
lias often flooded mankind; I know how
countries have often been destroyed, that a
few wicked men might continue in power.—
But can it be that our people have become
willing to violntc our Constitution for our oicn
dishonor aud destruction ? Will they take
an oath to get a chance to violate it, in order
that they may degrade the white race, and
ultimately destroy the black race?
How many will thus violate it! IIow many
will stand by it, live with it, or die for it.'
That is tlie next count.
crease.
George Brown, Editor ot The Globe, will
be a leader of the Opposition. Ottawa will
be its capital. Its population and wealth ex
ceed those of our Thirteen Colonies when
they declared their independence, while their
tar. The Washington Star states that in
formation lias been received in that city that
Admiral Tucker, of tlie Peruvian na'ry, and
formerly of the Confederate navy, has been
dismissed from service bv the Peruvian Gov
ernment.
Registration.—The result of yesterday’*
labor is: Whites registered, 140; <?olored,
2«0; total, 410. The total number rt ristered
to date is 1,637; whites, 595; colored, 1,044.
[Augusta Constitutionalist 28th.
Cholera, in a mild form, has nade its
appearance in Memphis.
natural and artificial iacilities for both inter
nal aud external commerce arc good. A
railroad from Halifax to the St. Lawrence
will doubtless soon be added to them ; while
a wagon road from the western settlements of
Ontario
and Stevens in their efforts to destroy tlie Consti
tution. Men, who I know made hitter secession
speeches, have been traveling through the North
proclaiming their sufferings as “persecuted loyal
ists” and having roused their fragmentary con
clave of a Congress to secure measures to disfran
chise those whom they denounced as traitors,
to those on the Red River ot the because they opjiosed secession, in order that they
North is to be opened forthwith. Newly | m av get the offices of these States as rewards lor
i « i , s. „ CrtrtCtn- In "Otic- I (heir ‘’devotion to the Union! And the poor,
opened Gold Mines, an Nova Scotia m j delu(Jed help'ess Southern people are thusb.spat-
bec, ’ and in “Ontario, are counted on to j . ;..... . <m>, i
enlarge sensibly tlie resources oi the Dominion.
The wheat crop in East Tennessee is
very large. Tbe Athens Press of the 28th
says: The vast wheat crop of this county
has pretty generally all been harvested, and
we are pleased to state tbe yield, so far as has
been ascertained, has come up to the expec
tations of the farmer. We understand that
parties here are offering to engage at $1 50
per bushel.
These facta suggest several points which deserve
tlie most terioun consideration of the Northern
people.
1. The first is that they are under the most
solemn obligation possible to recognize these
States as existing; members of the Union, with no
diminution of their rights, except as to slavery.—
This was the avowed purpose cf the war. This
was the promise to the Northern people by their
government to encourage thpm to fight; and this
was the pledge to the southern people to induce
them to cease fighting.
Prentice says:
'Tis a pity that tlie elections in tbe South
cannot take* place at this time, for although
the negroes there nre strong now, they will
be stronger in the dog days.
Wendell Phillips says that be would lather
soothe than irritate the South. Oh yes, he
would no doubt rock her to rest—just ns the
Jews did St. Stephen.
Brownlow never knew his place, and it is
to be hoped that his place will soon know
him no more forever.
The Radicals want to make a new recon
struction law for fear the South may be re
constructed.
Official Integrity.—The city scavenger
of Detroit, Michigan, is in trouble, and has
published a card defending himself from the
attacks of his enemies. He says, “I have at
all times discharged my duties as city scav
enger faithfully, and I cannot remember a
single instance in which I have left the dead
body of a dog at a sausage shop ! but have
always given them a graceful aud decent
alter duo notice and proof of the death of the
assured.” Held, that allegation and proof of
such notice are conditions precedent to a recovery
an such policy.
While Judge Harris is very clear that the plaintiff
cannot recover, owing to the fact of liis having
been conscribed and put into the Confederate mili
tary service, yet Judge Walker is not satisfied that
such is the law. And there being but two of the
Judges who heard the case now presiding, we de
cline to decide this question, and affirm the deci
sion of the Court below on the other point. Judg
ment affirmed.
Starnes & Johnson for Plaintiff in Error.
Barnes & Gumming for Defendant in Error.
Wright Martin, et al, ]
Plaintiffs ia Error, j ^,,,^—FayeUe.
Tidwell Favor <2 rtf. j
WALKER, JUSTICE.
A partnership may exist where there is a joint
interest in property, and a joint interest in the
profits and losses of an adventure. There betug
ovidence to sustain the verdict in this case, and the
Judge who tried it being satisfied with it, we are
not Inclined to disturb it. ......
Wheu a conrt of equity acquires jurisdiction for
one purpose, it will retain it until lull and satis
factory justice is rendered to all the parties con
cerned.—14 Ga. 323. ...
We intimate no opinion as to v:hat may be the
rights oi others interested in portions or all of this
property.
This being a creditor’s bill, others may be beard
li:reafterin the assertion of their rights, if such
rights exist.—9 Ga. 396, 11 Ga. 5S8. —
\Ve do not thiuk the couduct of the juryman was
sufficiently objectionable to require us to grant a
new trial in this ease. Judgment affirmed.
C. Peeples for Plaintiff in Error.
N. J. Hammond for Defendant iu Error.
construction to the agreement, and then return a
verdict on the principles of equity. We certainly
think that tbe Convention intended to give to the
jury more than the ordinary discretion delegated
to juries, which should be respected bythc courts,
unless ilagrantly abused, to the manifest wrong
and injury of the parties. Judgment reversed.
B. Hill for Plaiutilfin Error.
John Rutherford for Defendant in Error.
T. C. Howard, Plaintiff in Error, j
“ . • r
S. A. Durand.
Equity—Fulton.
WALKER, J.
The Mayor aud Aldermen of the city
of Savannah, Plaintiffs iu Error,
Certiorari
from
Chatham.
That this purpose has been defeated; this , • , , , ,, .. s. ,, •.
promise ha6 been violated; this pledge has been burial beyond the city limits. Can all City
broken by tbei r Radical 'eaders, with the clear and scavengers say as much ?
Thomas J. Charlton.
walker, j.
W hen a Physiciau is licensed to practice medi
cine by tbe authority of the State, the city ot Sa
vannah cannot require him, under a penalty, to
take ont another license before he can practice his
nrotession in that city. The practice oi his pro
fession in the city is a subject of taxation by the
corporation, but not of a license. Judgment
affirmed.
E. J. Harden for Plaintiff in Error.
Hartridge & Chisolm for Defendant in Error.
John L. Brown, Pl’ff in Error, ( Trespass.
es. ,
S. W. Railroad Company. ) Sumter.
WALKER, JUSTICE.
If a Railroad Company carry off a slave, without
the written permission of the owner, and though
in company of a white thief, the road will be lia
ble. When the owner reclaims his slave, carried
off under such circumstances, he is entitled to re
cover, not only hire for the time tbe slave was ab
sent, but also such reasonable and necessary ex
penses as he may have incurred iu reclaiming the
slave. The cause of action in this case having oc
curred before the adoption of the code, the Plaintfli
is not entitled to have the damages doubled as pro
vided by tbe code.
When tbe Superior Courts decline to punish a
party for an alleged violation of an injunction,
this court will not generally control its action, un
less it be necessary for tlie enforcement of the
right of the other party to the litigation. The
punishment of a party for disobedience to the
orders oi the court, in order to vindicate the au
thority of tbe court, may generally be left to the
sound discretion of tlie Superior Court Judge.
Should the Judge, in a case when it is necessary
for the enforcement of the rights of a party, fail on
application to punish an offending party and en
force obedience to its lawful orders, this court
would correct such error aud grant to the party
tbe relief to which, under the facts and law of the
case, lie would be entitled.
Where a party asseuts to a violation of an in
junction granted on his application, and fakes
the management of the case into his own hands
without regard to the injunction, he cannot sub
sequently have the opposite party punished for
such violation of the injunction.
A Court of Equity will not lend its punitive
powers to a party for the purpose of coercing a
suitor into tho making of new stipulations to
which he had never agreed; it will enforce the
rights of parties according to the rules and prac
tice of tho Court. And parties who invoke the
aid of the Court should not, by contract, thwart
its proceedings, and render nugatory its pro
cesses. Should they do so they cannot expect to
be relieved from the consequences of their own
interference. Judgment affirmed.
R. F. Lyon, A. W. Hammond A Son fot Plain
tiff in Error.
Ezzard, Glenn A Son for Defendant in Error.
Tlie Justices Inf. Conrt ;
Twiggs county, j
Plaintiffs iu Error, : itaialamus—Twiggs
E. S. Griffin, et ai'.
‘WALKER, .1.
Under an act of lfith December, 1866, to provide
for tbe people oi Twiggs county to settle tlie
question of the removal of the county site, the Su
perior Court, by Mandamus, ordered the Inferior
Court of Twiggs county to turn over to the Build
ing Committee'appointed by tbe citizens of Jeffer
sonville and vicinity ;thc Court House and Jail, on
said committee giving bond and security for their
complying faithfully with the terms of said act.—
Held that the Superior Court did right.
Judgment affirmed.
Lyon, DeGraffeureid & Shorter for Plaintiff in
Error.
Harris & Hunter lor Defendant in Error.
E. W. Jackson, Pl’ff in Error, | Possesso:y War _
M. E. Sparks.'■ j «»«-8 u ® t er-
WALKER, JUSTICE.
Upon the bearing of a possessory warrant, the
title to the property cannot be investigated.—
The court is confined in its investigation to the
question of possession.
Where A exchanged muleB with B, and B
sold the mules received from A to C, an inno
cent purchaser, A oaanot, by processory war
rant, recover the possession of the mules from C
SUMMARY WHO ARE ENTITLED TO REGIS
TRATION.
1. The oath prescribed in the supplemental act de
fines all the qualifications required, and every person
who can take that oath is entitled to hare his name
entered upon the list of voters.
3. The hoard of registration have no authority to
administer any other oath to the person applying for
resistratior; than this prescribed oath; nor to admin
ister any oath to any other person touching the
qualifications ofthc applicant, or of tho falsity of the
oath so taken by him. Tlie act to guard against falsity
in the oath provides :hat, if false, the person taking
it shall be tried and punished for perjury.
No provision is made for challenging the qualifies- J
tions of the applicant, or entering upon any trial or I
investigation of his qualifications, cither by witnesses I
or any other form of proof..
3. As to citizenship or residence.
The applicant for registration must he a citizen ofl
the State and of the United States, and must beare;-
ident of a county included in the election district.—
lie may be registered if he has been such citizen for
a period less than twelve months at the time he ap
plies for reristration, but he cannot vote at any elec
tion unless his citizenship has then extended to thej
full term of ono year. As to such a person, the exae
length of his citizenship should be "noted opposite hu
mane on tho list, so that it may appear on the day o: I
election, upon reference to the list, whether the fal (
term of his citizenship has then been accomplished
4. An unnaturalized person cannot take this oath,
but an alien who has been naturalized can take it, and
no other proof of naturalization can be required from
Tso one who is not t wenty-one years of age at the
time of registration can take the oath, for he nils
swear ihat he lias hen attained that age. s
0. No one who has been disfranchised for partieipaS ]
non in anv rebellion in tlie United antes or lor felony! .
committed agiunst the laws of the United States,
•nfely take tlm oath.
The actual participation in a rebo lion, or the
commission of a felony, docs not amount to disfran
chisement. The sort of disfranchisement here mean
ia that which is de-lared by law passed by competent an
thonty.or which lias been fixed upon the criminal bj
the sentence ufthc court which tried him fortheerime.
No law of tho United States haw declared tho penalty
of disfrnnchiS'.’mentfor participation in rebellion a'one.
Nor is it known that any such law exists in either <■;
these ten States, except perhaps Virginia, as to which
State special instructions will be given.
7. As to disfranchisement arising from having held
office followed by a participation in rebellion.
This is the most impoitant pait ef the oath, and re
quires strict a.tention to arrivent its meaning. I deem
it proper to give the exact words. The applicant mur J
swear cr affirm as tollows:
"That I have never been a member of any State legi
laturc, nor held anv executive or judicial office in ant
State, and aftcrwardcs engaged ia an in-urrection or re
bellion agains; lhe United States, oi given aid or com
fort to the enemies thereof; tha', I have never taken ai
oath as a member of Congress of the Unitef States, o
as a member of any State legislature, or as an executivi
orjudicinl officer o'f any State, tc support tho Constitn
tion of the United States, and afiorward3 engaged in in
sjrreetion or rebellion against tho United States, or
given aid and comfort to the enemies thereof.”
“ Tuo elements must concur ir. order to disqualify
ptrson under these clauses: First, the office and offi
cial oath to support the constitution of the Unitei
States: Second, engaging afterward* in rebellion. Boil
must exist to work disqualification, nnd mnst happe:
in the order of time mentioned.
A person who h-is held an office and taken the cat!
to support the Federal constitution and hasnotafie:
ivard^engaged in rebelion, is not disqualified. So too.
jerson who has engaged in rebellion, but bus not ther.
►More held an office and taken that cath, is not dlsqual
tied.
S. Officers of the United States.
As to these the language is without limitation. Th
person who has a(any timoprior to iho rebellion he.
an office, civil or military, ruder the United States, an
has taken an official oath to support the constitution t
tho United States, is subject to disqualification.
9. Military officers of any State prior t) the rebeilic
are’not subject to disqnalil.cation.
10 Municipal officers, tli.it Is to say, officers of mco
poralcd cities, towns and villages such as mayors, aide
men town council,pollce.andothercityottowaoffiCM
are not subject to disqualification.
•11. Persons; who have, prior to the rebellion, h
mcnibrrs of the Congress of the United: States, oi me!
bers of a State Legi-laiure, are subject to diaqnslific
tion. But those who have been members oficonventio:
framing or amending the constitution of a State, pri
to thefebeilion, are not subject to disqualificat on.
Iff \H the executive or judicial officers of any S
who took an oath to support the Constitution of t
United States are subject to dnqualific ition. and
these I include country officers, as to whom I made
reservation in tho opinion heretofore given. Afi
full consideration, I have arrived at tho .conclus
that they are subject to disqualification, if they
required'to take as a partol tneirotiieial oath the o;
to ‘ upport tlie Constiuuion of tiie United States.
13. persons who exercised mere agencies or empl
ments under Slate authority are not disqualified; su
as commissioners to lay out roads, commissioners
public works, visilor? of State institutions, directors
State banks or other State institution*, examiners
banks, notaries public,commissioners totakcackno
edgmeats of deeds, and lawyprs.
ENGAGING IN REBELLION.
Having specified what offices held by any one pi
to the rebellion conic within the meaning of tho I
it is necessary next to set furtli what subsequent c
duct fixes upon such person tho oficneo of eng.'u
in rebellion. -I repeat, that two tilings must exist
to anv person, to disqualify him from voting: t
the office held prior to the rebellion, and aftcrw.i|
participation in the rebellion. ; J
14. An act to fix upon a person the offence of end
in" i’ll rebellion under this law must be an overt ■]
Voluntary net, done with the intent ofaiding orfurtb
in” the common unlawful purpose. A person fo,
into the rebel service by conscription, or under a pfi
mount authority which he could not wifely di*qt
and who would not have entered such service if left
the free exercise of his Own will, cannot be held
disqualified from voting. .
15 Mare acts of chanty, where the intent is to » i
the wants of tlie object ol such charity, and nofb; j
aid of ire cause in which be may have been e- r rl
do not disqualify But.org.mizcd contributions ot
nnd clothing for the general relief of persons en
the rebellion, and not ot a merely sanitary c
bnt contributed to enable.tliem to preform their
ful object, maybe classed with acts which do disq /
Forced contributions to the rebel cause, in the 1
of taxes or military assessments, which a person
bo compelled to pay or contribute, do not disqua!
But voluntary contributions to the rebel cause,
such indirect contributions as arise from the voln
loan ofmoneyto rehelauiUorities, or purchase ofb
or securities created to afford the. means of carry"
the rebellion, \vill work disqualification. -
16. All those who, in legislative 1 or other official
ity. were engaged in tlm furtherance of the comrr,
lawful purpose, where tne unties of the -office nc
warily had relation to the support of the rebellion
as members of tlie rebel comentions, congres.-t
legislatures, diplomatic agents of the rebel confe-
and other officials whose offices were created
purpose of more effectually carrying on ho-tili:;
whose duties appermincu to tho support oi the
cause, must be odd to be disqualified.
But officers who, daring the rebellion, dischi
official duties not incident to war, hut only such a
as belong even to a stale of peace, and were nece
to the preservation of order and the administrati
law, are not ;o ba considered as thereby engaging
bellion or as disqualified. Di.-Ioyal sentiments,
i- ns or sympathies would not disqualify, but wh
person has by speech or by writing incited otic
engage In rebellion, lie must come under the disq
cation.
17. The duties of tlie boar-i appointed tosupen.
the elections. ...
This board, having the custodv of tlie list oi
tcred voters in tlie district for which it is const:'
must see that the name of the person offering t
is found upon the registration list, and if such pro
be the faet.it is the duty of the board to receive hi-
They cauuot receive lhe vote of any person whose
is not upon tlie list though he may be ready to tnk,
registration oath, and although he may satisfy
that he was unable to have his name registered
proper time, in consequence of absence. Bicknej
other cause.
The bo»rd cannot enter into any inquiry
qualifications! of any person whose name is not
list, or as to the qualification- of any per
name is on the list.
IS. The mode of voting : s pn
idcJ in the
ru and poll|
es, list of votenl
by ballot. The board will keep a r
of the election, showing the votes
the persons elected by * plnralitv of the
the election, and make returns of these to the
manding general of :he district.
19 The board appointed fo^fE'-tralion anc-^
iroved July :
C ngress, apn
entitled. "•Auact lo prescribe an oath of oin
scribed by tlie act
rant,
by showing that B had swapped fo A a stolen
mule for the one in controversy. Judgment
affirmed.
Hawkins for Plaintiff in Error.
McCoy for Defendant in Error.
jggp" The total cost of registrationjnl
isiana to the present time amounts to $2:1
Among the co-operative movffi-
announced from New York is the fonus
of a co-operative dry goods house, in ''I
managers and clerks will have fj share J
profits, and country merchants are exp
to be stockholder).
, ^ A wealthy banker ot San Fraj
recently died and* left $20,000 in his
help defray the national debt.
New Wheat—The Rome (Ga.) C°«j
cial quoteti wheat at from $1 >> u • 'J
buBbel, with a downward tendency.