Newspaper Page Text
Tlie Greorgia "W"eekily Telegraph..
11 i.i <;k* vrii.
rnlDAY- JANUARY 21, 1808.
Conservative Meetlnjr.
aESEUAloOK ANT.
• d 0 r(l, como to a pretty pass when
J»»" . 0 fVar can, at liis own option,
an d, regardless of the Pres-
« r rather in opposition to
^ * ji mother in that office ! And this
rasat has done. And ho has done it.
**®L { contradiction to his promise to
uTt Bis character has received a
'f'ffbich it will never recover, and
officers speak sorrowfully of
L*| Bo js universally denounced
Kv wt mea as having acted iu bud
attempts to explain his course
himself have been failures, and he
r^ 1 -| lv iadentifled with the Radicals
** U vathv with their plans. Dazzled
P os ‘ tion of P‘ >wcr assigned
:i ‘ the delusive promises made by
fc tE . Clifts loaned his mighty name
to subvert tho government of
A ' L "' c a id a mere party that is rush-
ii*"7 Pet its purposes entirely regard-
£ ‘L,*, qurnces.
>w Reconstructlou BUI.
■ ;;aW inj; is a clear synopsis of this
n to become a law:
j Tiw t tho existing provisional civil
^mn-mentf-thososetup by President .John-
i i0 fir lelt by Congress at the discretion of
r i >rT comm»ndcra-ln the ten unrccon-
f j rcbl gt»tub shall cot bo recognized by the
‘ o. Judicial antborltlea of the United
- Th»t tic General of tho Army (General
bare foil and absolute authority In tho
,, of the Kecoastruction laws over each
® . e fcn States embraced lit the five South-
unitary District**
j. Tint t]ic General of tli© Axtny, in his dis-
. BW remove and appoint the civil officers
. /stale*, and the President shall not inter
im him la these mat'ers or In the appoint-
of the military district commanders.
4. That it shall be uula’rial for the 1 rcsl-
io order the army or navy to the support ot
;of the rxiitlng provisional civil governments
al ten unreco-tstructed States.
.. 5. That auy interference by any person with
/ u i.reveut the execution o! the orders of
want under this law shall be held a high
*.- Armor, subject to a penalty of five thousand
Xntm and two years’ Imprisonment,
la regard to it Gen. Grant lias said that,
B ot desirous of having any furtlier re-
,-«sibi!:tr cast upon his shoulders, yet if the
^emms a law he would not shirk the
L 0 f enforcing: all its prolusions,
yi, bill virtually gives us two Presidents
. jt President over the North, tho other
w the South—one elected by the people
.] conditional in his power, the other
u:t j ;,y Congress and absolute in his
Htr,
lad ret, anomalous ns it may appear, the
H-lute President' is subordinate to him
i.. power is restrained. Tho Executive
KTolatioaized sorely, and shorn of its
The Radical Plan.
JtoNrir York Tribune no doubt states cor-
Jy the Rsdical plan in tho present jnne-
tof iSiirs—viz.: to impeach the Prcsi
tot low elaborate article in that paper
•JFiidsr, lie first paragraph gives it in o
tshe.'J, thus:
TVit cird may be Impeachment. Mr. Jobn-
WrH understand this before be forces
• ■ t ie necessity. We trust wisdom
kw 4! But it the President makes himself
hi'dn-nt." lie must be swept aw >y. This
. ■ 1 the hour. An Issue has been forced
' '.'a.-iJenl ulileh lie must answer. If be
: c'it n{ Congress to rcalorc Mr. Stan-
to.c admits everyUilnx. If he doth* It.
. rl—s-ci <tt antagon'.ain to the law, and
; - s.kdeiueauor.
• it ur.e conjectures that the Presi
■' it 11 “make an issue with Con-
r. h.v.- a quarrel and not to obey the
The Tribune invites tho issue; im-
Stinton to resign, and says “if Andrew
•a means to defy this tenure of-office
p! make a war upon the country, let
it if he dare, and take the conse-
•O It concludes that the next card
4Cwgrcsi ra iy play is impeachment,
viry clear, says the Riclidfond II -
• that the Radicals have taken the Ini—
f. »nd mean to silence the President.—
7 hare him pretty well fettered, and if
•lii* the slightest further move to roiti-
P*c force of their ruinous measures upon
uatry they will impeach him and rc-
■im from office, and thus usurp the
powers of the Government They
i:i ' indeed, be very much obliged to Mr.
on if he would give them some little
xt for such a measure. Indeed, we sus-
tbat the majority now regret that they
u t sustain the proposition to impeach
* ’.U beginning of the s ssion.
'i e i-pprehead from the signs thus far that
* Praideut will remain, like the fly in the
•-•ti web, entirely passive. It is too late
- Av un effort Before lie was pinioned
- • >idcs a feeble struggle might have
hpui the hands that were being put npon
- t ut now force of very considerable
s~“«tlc a ill bo required. From constitu-
-d provisions he has nothing to hope.—
J : prime Court, even were it disposed to
'*shieldbver him—as we believe it is
're ** coni P* ote ij helpless as ho himself
“ e usurpers and traitors are masters of
' “‘don, and it will require more pluck
* termination than Mr. Johnson has yet
to defeat them.
Forsyth, Jnnuary 18,1808.
A large and respcctablo number of the
Citi/rns f>t Monroe enunry convened in tlie
Court-hour a in Forsyth, in response to a call
by tin Rev. lllfttm Phiuuzee, appointed by
tlie Central ExecntivcJCommittee, to organize
a Conservative Club in this county. On mo
tion, Hon. E. G. Cabaniss was called to the
chair; and Dr. J. W. Jaynes and S. A. Pon
der were requested to act as Secretaries.
After a lucid explanation of the object of
the meeting by the Chairman, a committee of
five, consisting of Rev. H. Piiinazee, D. Arc-
Cowan, Col. J. S. Pinckard, iL G. Turner and
A. D. Steele, was appointed by the Chair to
report business for the action of the meet-
i«g. The committee through their Chair
man reported the following resolution'", which
were unnuimously adopted:
Resolved, That the Conservatives of Mon
roe connty will organize themselves into a
County Club, to meet at Forsyth, with a Presi.
dent, two Vico Presidents, n Recording Sec
retary, n Corresponding Secretary and Treas
urer. That subordinate clubs be organized
in each militia district with like officers; and
the Chairman of the meeting appoint one
person in each militia district, who shall have
tho privilege of calling to his assistance two
or more gentlemen to assist in the organiza
tion.
On motion of G. A. Cabaniss, the follow
ing resolution was adopted:
Resolved, That the Conservatives of Mon -
roe county heartily endorse the action of the
Conservative Convention lately held in Macon,
and pledge themselves to use their best en
deavors to sustain and carry out its purposes.
On motion of H. Phinazcc, the following
resolutions were adopted:
Resolved, That the thanks c#f this meeting
are due and are hereby tendered to lion.
Charles J. Jenkins, Governor of Georgia, for
the able manner in which he discharged the
duties of his. office, and especially for the
Roman firmness displayed in resisting the ef
forts of the Convention now in session in
Atlanta, backed by military power, to get
possession of the public funds of Georgia.
Resolved, That the thanks of this meeting
-are also tendered to Col.'J. J ones, Treasn rerof
Georgia, for his manly and meritorious con
duct iu guarding the high trust committed
to his charge.
On motion, resolved that the Central Club
meet every Saturday, at 11 o'clock, in For
syth, at which time a public address will be
delivered, in addition to what business may
be transacted, and all the merchants be re
quested to close their business houses during
the sessions of the Club.
The following gentlemen were appointed
by the Chairman to organize Conservative
Clubs in their respective districts:
J. A. Steele, Gulletsville district.
T. r. McMullen, Fourth district.
T. B. Williams, Third district.
W. H. Bankston, Seventh district.
E. Dumas, Rcdbone district.
C. II. Smith, Culloden district. *
B. H. Zellncr, Russelville district.
W. A. Bank9, Kelsay’s district.
A. H. Shi, Burgay’s district.
T. J. Fletcher, Brantley’s district.
W. C. Redding, Benton’s district.
W. W. Smith, Middlebrook’s district.
M. T. Hatper, Dillard’s district.
J. T. Crowder, Ever’s district.
J. M. Iiollis, Cox's district.
On motion, resolved that the proceedings
of this meeting be published iu the Monroe
Advertiser, Macon Daily Telegraph and
Journal & Messenger.
On motion, adjourned till Saturday next.
E. G. Cabaniss, Chairman.
•T.W. Jaynes, J Qo
Lewis A. Ponder i Secretnne «-
Decisions of the Supreme Court, now in Sos.
Mon at MUIcdgcrUle.
From tha-Foiitl.ro Feco, l< r.l
John Phillips 1
ml > From Randolph.
. Wm. S. Gaston. ) •
Warner, C. J..
Where the defendant tendered Confed
erate money In payment of a note executed
prior to the 1st June, 1801, nnd the plaintiff
refused to receive it, giving os a reason
therefor: that “lie had become paymaster for
some heirs.” Held, that this was'not such a
legal tende r as would stop the running of in
terest on the note.—Judgment affirmed.
H. Fielder for Plaintiff in Error.
rom Randolph.
Wm. A. R-iwson
«. {
John W. Jones, ef. al )
Warner, C. J.
When an execution has been levied upon
properly of the defendant sufficient to pay
the debt, and afterwards sucii levy is dis
missed by the plaintiff without the sale of
property, the mere fact of the dismissal of the
levy by the plaintiff or by his order without
move, does not destroy tho lien of his judg
ment and postpone the same In favor of ju
nior judgment creditors. Ryan t*. Lieber,
30th Ga. Rep., 443, considered and affirmed.
Judgment reversed.
H. Fielder, for Plaintiff iu Error.
Mood, for defendant in Error.
Wm. G. Price, Adm’r )
ts. > From Calhoun.
L. D. Munroo. )
Warner, C. J.
When a certiorari is applied for under the
provisions of the Code, (other than from the
decision of the Inferior Court and Court ot
Ordinary, which require the sanction of the
Judge,) no notice of the sanction of the
Judge is required; but a notice that a
petition for a writ of certiorari has been filed
in the office of the Clerk of the Superior
Court for the removal of a case from a
Justice’s Court to the Superior Court, will
be a sufficient notice, the sanction of the Judge
not being required.
Held also, that the grounds of error com
plained of were sufficiently stated in the
petition for certiorari.—Judgment affirmed.
Lyon, DeGraffenried and Shorter for Plain-
tiffin Error.
Hood and L. D. Munroe for Defendant in
Error.
James P. Graves 1
t». <■ From Lee.
Peter J. Strozier.)
Warner, C. J.
Where a declaration has been filed in the
Clerk’s office for seduction ot plaintiff’s
daughter but has not been served on the de
fendant. Held that the filing of the decla
ration was such a commencement of the suit
as to authorize an attachment to issufe pend
ente life.
Held also, that an attachment may issue
upon the affidavit of the plaintiff that lie has
instituted suit against the defendant in
which he claims a certain specific amount of
damages in an action ex delicto, the same
being u money demand within the provisions
of the statute.—Judgment affirmed.
Lyon, DeGraffenreid & Shorter, for Plain
tiff in Error.
John Davis and W. A. Hawkins, for De
fendant in Error.
George F. Roberson
® been denied, ignorantiy, by tho
press ot the State, that President
telegraphed Gen. Meade to suspend
--er removing Governor Jenkins; but it
nevertheless, and wo can only nc-
• r Gen. Meade’s taking the responsi-
acting so summarily by the supposi-
'“‘tbe was following out the in-truc-
* of Gra. Grant, who was thus even fore
?tbenew “destruction” bill.
^ ‘‘-w of this disobedience of the Presi-
j'Clkafl not be surprised to hear of Gen.
,^‘removal before long. Tho President
pw* plans and waiting the final nc-
Pongr**j on the new “deslruction”
e ia surrounded with many diflicul-
has a “sea of troubles'’ to contend
50 *e must not censure him for act-
pmdencej and according to matured
but await his notion, confiding in
•'ttion, good t, use and firmness.
a —^ lc Richmond papers report
Cf ' eS 0 ^ a * e * n city the night
N visit. Being closely pur-
itt . (4 ' h case, the beast—we mean the
^ PpcdliU plunder and escaped.
*° n ® in England lias invented a
■iiijjj^ a photograph can be print-
*4,.;, 11,11 canviiij. The effect is similar
Q W»ting.
Parcwcll Visit to Gov. Jenkins.
It being understood that our honest and
patriotic Chief Magistrate, having been
driven from the position to which he bad
been called by the people by military force,
would leave our city on Friday for Augusta,
the citizens of Milledgevillc turned out en
matte to visit him on Thursday night. The
campus in front of the Executive Mansion
was filled with citizens. The Governor ap
pearing upon the front steps of ,tlie Mansion,
was greeted with three cheers by tho people.
Tho Mayor of the city, Mr. T. Newell, in a
short but appropriate address, informed the
Governor that his neighbors and fellow-citi
zens had come to take an affectionate leave
of him for the present, and also to testify
their unqualified approbation of his conduct
as Governor of Georgia.
Governor Jenkins thanked the citizens for
their approval of his conduct, and then in a
speech of considerable length told his audi
ence how hard ho had endeavored to get on
in peace with the military commanders; that
ho hail received letters from every part of
the State asking him to bold on to the office
os long as possible. Me said ho hod submit
ted to many things that wee very humilia
ting and disagreeable to him, for the sake
of the people of Gcoigia, and it was only
when nsked to do what his conscience and
his oath of office forbade that he refused.—
He said he believed General Meade was do
ing wliat*lie believed to bo his duty, and that
his conduct towards him had been marked
by great politeness and courtesy. The Gov
ernor exhorted the people to stand firm in
defence of their Constitutional right's, and
trust to Providence and a returning, sense of
justice in their countrymen to vindicate their
wrongs.
The vast crowd was greatly affected at this
address of their beloved Governor, and re
tired to their homes more than ever impressed
with admiration for their patriotic Governor,
nnd with loathing and detestation of tyranny.
[Federal Union.
Tiie U. S. Supreme Court.—The follow
ing information in referenco to the Supreme
Court of the United States will correct some
S rcvalent mistakes as to the names and num-
cr of the judges, and be otherwise interest
ing, now that public attention is directed to
the rumored action-of that tribunal on the
Reconstruction laws. There are at present
eight Judges, who rank as follows: ,
Salmon P. Chase, Ohio, Chief Justice—Sal
ary ifGoOO.
Nathau Clifford, Maine, Associate Justice.
Samuel Nelson, New York, Associate Jus
tice.
Robert G. Grier, Pennsylvania, Associate
Justice.
David Davis, Illinois, xYssociate Justice.
Noah W. Swayne, Ohio, Associate Justice.
Samuel F. Miller, Iowa, Associate Justice.
Stephen J. Field, California, Associate
Justice.
Each Associate Jus'ico has a salary of
$0,000
The ages of those Judges, as far as we can
ascertain them,arc as follows: Chase, sixty;
Grier, seventy-two on the 5thof March, lyiiS;
Nelson, nbout seventy; Field, forty-five; Da
vis, sixtv; and Swayne afioiu fifty-live.
Ofthesemen, Chase, Miller, Swayne. Davis
and Field, were appointed by Lincoln, Grier
by Polk, Clifford by Buchanan, and Nelson
by Buchanan orpifrec.—Phil.Pret*.
John IV. Baker
vt. i From Stewart.
Edw. T. Shepherd, adm’r.. J
etc., of Jno. T. Warren,de’d J
Warner, C. J. . .
Where a fi. fa. issued upon the foreclosure
of a mortgage executed by two tenants in
common tor lands owned by them jointly,
upon a judgment of foreclosure against one
of them only, the fi. fa. commanding the
Sheriff to levy upon* the interest of the defen
dant in the described land, which interest
appears in the body of the fi. fa. to be tho
undivided half interest in the land as tenant
in common, a3 described in the mortgage;
and the Sheriff, in his levy describing the
property levied on to be the “undivided one-
halt' interest in and to the property levied
on;” describing the same by number and dis
trict.
Held, that the Court below erred in reject
ing the mortgage fi.fa, when offered in evi
dence to the jury, in ac1aio>easc. Held also,
that it was error after rejecting tliefi^fa for
the Conrt to have submitted the case to the
jury, nnd in allowing a verdict for the claim
ant. The plaintiff’s case should have been
dismissed by the Court.—Judgment reversed.
B. F. Worrill; Downing, for Plaintiff in
Error.
J. L. Wimberly and E. H. Beall, by the Re
porter, for Defendant in Error.
, V/ '■ From Dougherty.
David A. Mason.' | * c ■
J. B. Ross ifc Son, et aL i
Warner, C. J.
Where a mortgage was executed to secure
thepayment of two promissory notes, with a
power contained therein to sell the
mortgaged property upon the terms
stipulated in the mortgage, and said notes
and mortgage having been transferred to a
third party, (before due.) who claims to be a
tuna fide holder thereof. Hekl, that upon a
motion to dissolve an injunction against the
holder of said notes and mortgage, the holder
was enjoined from selling under_the power
given by the mortgage, who denies all fraud
in the procurement of tho same, the injunc
tion should be dissolved; that fraud in the
procurement of a note, as stated in the
Code, means fraud in the procurement of it
by the holder thereof, and not fraud in its
procurement as between the original parties,
of which the holder had no knowledge.
Judgment affirmed. )
Wright & Warren, Hawkins, for Plaintiff
In Error.
John O. Davis, Strozier & Smith and F. H.
West, for Defendant in Error.
Moses P. Green )
ts. J- From Richmond.
Bcuj. F. Hall. )
Warner, C. J.
Where a note was executed on the lOtli of
October, 1851, due one day after date, upon
which there was entered the following cred
it, subscribed by the holder thereof: “Re
ceived of James A. Templeton for Ann C.
Fulcher, oxecutress on the estate of William
Fulcher, deceased, the sum of two hundred
and forty-four dollars and fifty six cents.”
Held, that this credit on the note not being
subscribed by the maker thereof, and there
being no evidence that it was done by her
authority as required by the act of 1854, did
not prevent the running of the statute of
limitation. Held also, that the act of 1854
took effect from the time of its passage and
not from the time of its publication.—
Judgment affirmed.
F. H. Miller, II. W. Hilliard for Plaintiff
in Error.
John T. Sheivmake for Defendant in
Error.
James S. Greene i
ts. -From Sumter.
John A. Shields. )
Harris, J.
1. When the motion is made to make an
award the judgment of the Court, tho party
dissatisfied should then make bis objections,
and especially such as are authorized by the
arbitrament under which the award was made.
3. The notice given by the arbitrators to
the party plaintiff in error of the award, pre
viously to the motion in Conrt to make the
award the judgment of the Gourt, was a sub
stantial compliance with the requirement of
the Arbitration xYct.
3. If the rights of the plaintiff in error had
been essentially prejudiced by tho omission to
give him notice previous to the commence
ment of the term of the Court at which the
judgment on the award was rendered, he can
not by the process'of illegality, which he has
employed in this case, go behind the judg
ment to procure the redress sought.—Judg
ment affirmed.
C. T. Goode for Plaintiff in Error.
H. K. McCay for Defendant in Error.
and that a denial in the mere words of the
Act ot the Legislature was not a compliance
with its spirit and intention.
Strozier & “Smith for Plaintiff iu Error.
Wright it Warren for Defendant in Error.
Wm. L. Aycock, Sheriff,
ts.
Wm. L. Martin.
( From B irtow
( County.
Joshua T. Cunningham, Sheriff, ) From
Oglethorpe
Wm. A. Colcough.
Alexander B. Hendry,
vs.
John McGunn, et. al.
Harri
" > County.
From Randolph.
J.
The judgments of the Sup.rior Courts in
the three above stated cases arc affirmed. A
majority of the Supreme Oourt holding that
the first and fourth sections of (be act pf the
Legislature of Georgia, passed the 12th De
cember, 18C6, entitled an act for the relief of
the people of Georgia, and to prevent the
levy and sale of property under certain cir
cumstances are in violation of that clause of
the Constitution of the United States which
prohibits any State Legislature from passing
any law impairing the .obligation of con
tracts.
Also that said act of December, 1S66, is
violative of that clause of the Constitution of
Georgia which prohibits tire Legislature from
passing any retroactive law’ operating in
juriously upon the right of tho citizen.—
Judge Walker dissenting.
Iu addition to the above grounds upon
which the above cases have been disposed of,
I state two others to which the act of 1860
is obnoxious.
3. That the 4th section of the act of De
cember, 1806, is an interference with the exe
cution of the Judicial process of the Courts
by the officer of the Courts, and is in this re
spect violative of those clauses of the Consti
tution of Georgia distributing the powers of
the Government amoDg the threo depart
ments thereof, and prohibiting the exercise
by the Legislature of any of the powers- be
longing to the Judiciary.
4. And further; that the Legislature have
no power to alter or modify any judgment of
the Superior Courts of this State or by law
to arrest or suspend the enforcement of such
judgment.—Hakris, J.
Wofford, Parrott & Coxe, Matthews &
Reid, H. Felder, for Plaintiffs in Error.
xYkin, L. Stephens, E. R. Harden, A. Hood
& Kiddoo, tor Defendants in Error.
Henry Summcrfield, Adm’r. j
of Sullivan
he must show such facts as will relieve him
from liability or he will be held' responsible.
The Court is not bound to give in charge a
general proposition, though it be the law, un
less it be applicable to tfie facts of the case,
and if such general charge be requested, he
may modify or add t-> it so as to make it per-
tiaent to the facts and the issue to lie tried.
The goods in this case being at the pi .cc
where the Company agreed to receive them
“to be forwarded,” the responsibility of the
Company, as a common* carrier, commenced
and the verdict of the jury wa3 therefore
right. Code, section 2043.—Judgment af
firmed.
Gould and Dougherty, for Plaintiff iu
Error.
E. Starnes, for Defendant in Error.
Tho So. Express Co.)
vs. ' > From' Richmond.
Edward Purcell. )
Warner, C. J.
When goods are delivered to a common
carrier to be transported by him from one
place to another. Held that by the law’ of
this State no excuse will avail him in case of
the losses Of the goods, unless it was occa
sioned by the act of God or the public ene
mies of the State; and that he cannot limit
his legal liability by any notice given either
by publication or by entry on receipts given
for the goods, or tickets sold; but lie may
make an express contract, independent of
his receipt, with the shipper of the goods
nnd will then be governed thereby. *" ;
Held, also, that the Court below erred in
not charging the jury, in view of the facts
in this case, in addition to the charge as
given that if they believed from the evidence
that there was an express contract made be
tween the Plaintiff aud Defendant, as testi
fied to by the witness Syloster, and that the
cotton was destroyed by fire by the failure
of said Plaintiff' to perforin said contraot on
his part, then the Defendant was not liable
for the loss of the cotton. Judgment re
versed
Gould and Dougherty, for Plaintiff in
Error.
II. W. Hilliard, for Defendant in Error.
From Lee.
David Meyer 1
ts. :- From Fulton.
G. W. Reed & Co. )
Harris, J.
Iuterest on the notes sued on in this case,
was suspended during the continuance of
hostilities in the recent war between the citi
zens of Pennsylvania and of Georgia, and is
not recoverable for that period of time.—
Judgment reversed.
Brown & Pope for Plaintiff in Error.
xY. W. Hammond & Son for Defendant in
Error.
J. S. Jones
r».
A. McCrea.
Penfold,-Clay & Co.)
ts. ' From Clay.
F. P. Single ton. )
Warner, C. J.
Where a promissory note had been placed
in tho hands of an attorney at law for col
lection, and suit had been instituted thereon
in the name of the plaintiffs, the rightful
owners thereof against the defendant, and,
pending the suit, the plaintiffs’ attorney, on
his own motion, moved tho Conrt, to strike
ont the names of the origiual plaintiffs and
substitute in place thereof the name of a
party who had no legal valid title to said
note, and proceeded to take a verdict and
judgment in the name of sncli substituted
party against the defendant.
Held, that there w’as no error in tho Court
below in refusing to set asido the judgment
on motion of the plaintiff’s attorney in said
case for the benefit of his clients, who W’ere
the original plaintiffs in the* ennse, against
the consent of the defendant. The suit was
in favor of citizens of a Northern State, pend
ing during tho war. The Confederate States
Receiver was the substituted plaintiff. Judg
ment affirmed.
8. S. Stafford, Sims «fc Bower, for Plaintiff
in Error.
II. Fielder, for Defendant in Error.
I,
fggrThe Naw Y'ork Herald, which but a
short time siure was a ferocious advocate
the election of Grant to the Presidency, has
abandoned liim and now supports President
Johnson. The Herald is a notorious political
weather-cock, but if Grant lind been ono-lialt
as strong as his l'rcinds bcleivc him to be the
Ii< rulil would have been sure to have found it
out and would not have left him.— Lousvillo
Courier.
George W. nass
ts. > From Terrell.
Sarah E. Gardner. )
Warner, C. J.
Where, in proceedings under the provisions
of the xYct to eject intruders, tho defendant
omitted tp state in his affidavit “that ho does
in good faith claim a legal right to the pos
session of the land;” Held, that there was no
error in the judgment of the Court below in
dismissing tho counter affidavit of the de
fendant, or in refusing to receive another affi
davit of the defendant after the dismissal of
the first, wheu the Sheriff went to turn him
out of possession under the order of the
Court—Judgment affirmed.
C. B. Wooten for Plaintiff in Error.
V. W. Boisclair)
rs. '/-From Randolph.
John Jones. \
Where a trustee mortgaged the trust prop
erty to secure his idividual defeat, and upon
a motion to foreclosa the mortgage ns against
him. Held, that the mortgager could not set
un a defence against the foreclosure of the
mortgage against himself that the property
so mortgaged by him is trust property.—
Judgment affirmed.
Fielder & Jones for Plain tiffin Error.
C. B. Wooten for Defendant in Error.
Samuel A. Grier, cl. >il.)
r y. v From Terrell.
George N. Henderson,)
Warner, C. J.
When a Bill is filed on the Equity side of
of i the- Court for a partition of lands, and the
facts alleged show’ that a Court of Equity
can afford more adequate relief in the case
nude by the Bill than a Court of law, the
jurisdiction of the Court of Enquiry will be
retained (that Court having first acquired ju
risdiction) and a demurrer thereto will be
overruled.—Judgment affirmed.
IL Morgan for Plaintiff in Error.
| From Sumter.
Harris, J.
After a verdict at law in ejectment, a bill
in Equity for a new trial so as to enable a wit
ness who was examined on the trial below to
correct a mistake in liis testimony as to the
commencement of the occupancy of the de
fendant in said ejectment suit, who relied on
a statutary title, ought not to bo entertained.
This case is within the decision in Mitchell
ts. Printnp, 25 Geo. Rep., 182.—Judgment
affirmed.
McCay & Hawkins for Plaintiff in Error.
J. J. Scarborough for Defendant in Error.
S.n. William )
ts. / From Lee.
Jas. D. Green. )
Harris, J.
Upon the written contract between the
parties in this case, the complainant. Green,
who rented the land to Williams for the year
1867, is at most, upon the facts in the record,
entitled only to the restraining process of in
junction to prevent the said Williams from
carrying off the cotton made on the planta
tion to any place except to the points men
tioned in the contract, and to them for the
purpose of complying with the contract or
disposing of any of it by sale or otherwise,
until the rent, whatever it may rightfully be,
is paid. Complainant has no legal or equit
able right to dispossess Williams and to have
the premises and gathered and ungathered
crop placed in the hands of a receiver.
Holding that the granting of tho injunc-
tionin thccausc beyond the limit stated was
erroneous, we direct the Judge below to re
scind his order appointing a receiver, and
order Williams to be restored to possession.—
And further, that the Judge should continue
tho injunction, to mould itso as to conform to
these instructions.—Judgment reversed.
West, Kimbrough and nawkins for Plain
tiffin Error.
C. T. Goode fcrDefendentin Error.
Wm.S. Jones ) FromtheCity
Edward W. Harker. J Court of AD S n3ta ’
Harris, J.
The Judge below ruled in this case, that
the act of Congress of the United States de
claring certain Treasury notes of the U. S.
to be a legal tender for thepayment of debts
from one citizen to'anolhcr, so far as that act
relates to contracts mado and entered into
prior to the passage of that act to be uncon
stitutional and void.
This decision is reversed for the reason
that we are absolutely controlled by tho de
cision ot the Supremo Court of tho United
States recognizing the constitutionality of the
Act of Congress making Treasury notes a
legal tender. [See case of J. W. & Wm.
Thompson vs. Geo. W. Riggs & Adolphus
Kickberfec. Opinion delivered by Justice
Clifford, December Term, 1800].—Judgment
reversed.
Matthews & Reed for Plaintiff in Error.
L. Stephens for Defendant in Error.
James Gilbert, N. Alie. 1
Harris, J.
James Sullivan made a deed, assigning ail
his property to pay his debts to Gilbert and
all other creditors, and if there should he
surplus, giving the same to his sisters—pos
session of the property accompanied the de
livery of the deed.
Held, that all the title and interest of the
said Sullivan in and to said property passed
out of him fully and absolutely by said deed.
Sullivan dying without any property what
ever, there is no estate ont of which his widow
can be allowed the year’s support authorized
by law.
Tiie injunction applied for was properly
refused.—Judgment affirmed.
Kimbrongh and Hawkins, by N. A. Smith
for Plaintiffin'Error.
F. H. West, for Defendant in Error.
Nelson Jones, Principal and ) From Lee.
James Scott, Accessory, [Assault with
ts. (.intent to mur-
The State. j der.
Harris, J.
The motion in arrest of judgment was in
correctly made and properly overruled.—
Judgment affirmed. •
The motion, also, for new trial was over
ruled.
Kimbrongh and Goode,forPlaintiffin Error.
N. A. Smith, Solicitor General, for the State.
The Southern Ex. Co.)
ts. > From Richmond.
G. T. Barnes, Trustee. )
Warner, C. J.
In this case the Express Co. claimed that,
because no notice ot the loss was given till
two years after the loss occurred, and because
the receipt specified that they were not to be
liable unless notice was given in ninety days
after shipment, they were not liable. The
shipment was Irom Memphis just before the
Federal army took it and cut off communi
cation with xYugusta, Georgia, so that tho
consignee knew nothing of the shipment.—
Judgtnent affi rtned.
Gould, for Paintiff in Error.
J. B. Damming, for Defendant in Error.
From Dougherty.
William J. Reid )
rs. [•
Newton Brinson. )
Harris, J.
Upon an issue formed by a distress war
rant for rent and the counter affidavit made
by the renter, denying his indebtedness as
due, in whole or in part, the_ affidavit upon
which the distress warrant issued and the
warrant are not either separately or con
jointly evidence for the plaiutift" in the sup
port of bis demand on the trial of such issue.
The demand of plaintiff should be estab
lished by such testimony ns would be suffi
cient in Courts of law upon the trial of other
monied demands.—Judgment in certiorari
reversed.
In the above case the Court did decide, as
the point was not necessary to the disposi
tion of it, but intimated its opinion, “that
the counter affidavit of the defendant should
specifically state the amount of plaintiff’s de
mand for rent which is denied to be due;
The G. R. R. & Bkg. Co. j
ts. From Richmond.
Henry 3L Scott. \
Walker, J.
If a charge pertinent to the issue be asked
in writing it should be given to the jury.
But if, lrom all the evidence in the cause, it
appears that the verdict is right and that the
jury should have found the same, if the
charge requested had been given, a new trial
will not be granted. Judgment affirmed.
Starnes & Johnson, for Plaintiff in Error.
H. W. Hilliard, for Defendant in Error.
Ben. Home, et al., 1
t*. ,- From Sumter.
The State. )
Walker. J.
An Indictment should be “in the name and
behalf of the citizens of Georgia.” If these
words be omitted, an exception taken at the
proper time, the indictment should be
quashed; such exception is not good in ar
rest oi judgment.
During a trial for murder the 'prosecution
nsked a witness—a question “to ascertain tho
condition of the mind of deceased, towards
the prisoners, after the mortal wounds were
inflicted, whether kind or malevolent ?” The
Court on objection refused to permit the
witness to answer the question, remarking
that “Horne, the deceased, had a right to be
mad—held that this remark was error.
In all cases when parties are jointly in
dicted for an offence which docs not require
the joint act of two or more persons to com
mit, the defendants, upon application, have
a right to sever on the trial aliter as to those
offences which require joint act of two or
more to commit them.—Judgment reversed
Good and Elam, for Plaintiff in Error.
Xeivs by the Cable.
London, January 18.—When the Cuaard
steamship Scotia, Captain Jurlkins, from New
York for Liverpool, entered the port
Queenstown last evening for the usual trans
fer of the London and Irish passengers, a
strong police force’quietly went aboard and
arrested Messrs. Geo. Francis TraiD, Grinncll
and Gee, three ot the passengers who sailed
from New York. It is understood that these
gentlemen were taken into custody on a
charge of being active members of the
American wing ot the Fenian organization.
The proceedings natural enough cause con
siderable excitement, both here and elsewhere
throughout the kingdom, aud especially
among the American residents.
By intelligence received at Trieste, from
Zanzibar, it appears that Dr. Livingstone was
seen by an Arabian merchant on tlic 1st of
October lust. Another account says: “Accord
ing to intelligence received in London, from
Zanzibar, via Trieste, to the 1st of October,
an xYrabian merchant reported having seen
Dr. Livingstone westward ofLakc Taianylka.’
Cork, January 19.—A strict search of the
person and baggage of George Francis Train
disclosed no proof of complicity with the
Fenian movement justifying his arrest by the
British police on suspicion of being concerned
in the Fenian plotting. Train asserts ‘bathe
came over as special correspondent from
Ireland for the New York World. He has
formally protested through the Linked States
Consul against his detection, and declares that
he was arrested upou no other ground of
suspicion than tiie finding ot an Irish paper
in his trunk.
SSF" A man in Ohio by the name of Butts
has lifted two thousand seven hundred and
thirty-seven pounds.
FINANCIAL AND COMMERCIAL.
IVSacon Cotton Bffiarket.
DAILY TELEGRAPH OFFICE, >
Macon, January 22. 1668-1
foUK QUOTATIONS INCLUDE GOVERNMENT TAX.l
Cotton.—Notwithstanding the dedino in the article
which took plaeo yesterday, oar market to-day con
tinued active throughout, and n pretty heavy business
was done in the staple. A11 choice, grades of Cotton
readily commanded 14 cents.
Have VVe a Congress I
If our country ever needed a wise and pa
triotic Congress, it needs one now. Every
pillar on which the superstructure of Govern
ment rests, trembles. Every material interest
on which the welfare of our people depend^
is in danger of perishing. The safety .of the
Government itself, not le^s than the prosperity
anti happiness of the country, hangs upon the ’
justice, prudence, find forbearance of Con-
gress. "Valueless will be the devo’tcd services
and signal triumphs of our Array and Navy,
if our statesmen fail or falter in performing-
their share rf the great work. And are they
not failing? Arc not the great questions of
Finance and Currency overlaid? Is not the
reunion of the States and the return of the
Southern people ro their accustomed pur
suits made subordinate to the question of
Negro ‘.'ufirage : Has not all tiie legislation
of Congress, for nearly three years, had direct
reference to the. Presidential election'? xYnd
now, at this present moment, is not Congress
using all its great power to give tlio control
of tiie Presidential election ro green negroes
who are confessedly “ignorant of the means,
by which Suffrage is expressed ?”
On the eve of events which may bring per
vading ruin and hankrupty—ier without the
cotton, tobacco, sugar, rice, i u\, of (lie South,
these calamities will inevitably come—Con
gress is deliberately at work destroy!8it the'
Executive and Judicial arms ot the Govern
ment ! The Executive authority was wiped
out’by the last Congress. The present Con
gress strikes at the Judiciary. When the
bill to strangle the. Supreme Court, which
was rushed through the House, passes in the
Senate, it will encounter a veto, and then, by
a two-third vote, passed over the head of the
President.
The eternal truth of the maxim that whom
the gods intend to d troy are first made mad,
is lost as an example. The lesson so re
cently, and with such terribly effect, taught-
the rebels, proves of no value to tiie Radicals.
They blindly persist in a course which is
sure to overwhelm them. The measures kin
dred to those now being perfected in Con
gress cost the Republican party its ascen
dency in six free States. And yet, blind and-
recklcss, Congress learns nothing and believes
nothing of what is evident to all intelligent
observers. This utter delusion cun only bo
explained upon the principle that “madness
precedes destruction.”—A'! Y. Commercial
Advertiser {Thurlow Weed's paper.)
The heirs of the late John xY. Wash
ington, of Virginia, have begun suit in Chi
cago, for the recovery of one hundred thou
sand dollars’ wortfi of real estate in that city,
which was owned by Washington at the
time he was shot in Virginia, in 1801. A
Chicago lawyer made his way through the
lines, and finding the Washington heirs, rep
resented that the estate would be confiscated
if it remained in their name, and had it
deeded to him for safety. He has since re
fused to restore it—hence the suit.
ESPTortland has completely risen from the-
asbes of the great fire of 180G. A Portland
newspaper says that “a new city has grown
up amidst the ruins; large and elegant ware
houses now occupy the waste plqccs of but
two years ago, equalling in magnificence and
extent those of any city on the continent.—
Capitalists are coming in and investing their
means to help enrich and populate our fair
city.”
- 25F“Bisruarck is said to be partial to brandy,
and before leaving Berlin for the seat of war,
a little sou asked him how long he was to be
away. He replied he did not know. There
upon a servant came in to inquire how many
bottles of Cognac were to be packed up in the
count’s luggage. “Twenty-four,” was the an
swer. “xYh, papa!” cried the ‘terribleinfant/,
“now I know how long you arc to be from •.
home—twenty four days,”
The So. Express Co., i
ts. > From Richmond.
J. M. Newby. )
Walker, J.
An Express Company which pursues, con
tinuously for any period of time, the business
of transporting goods, packages. See., is a
common carrier, and in case of loss the pre
sumption ot law is against it, and no excuse
will avail it unless the loss was occasioned
by the actol God or the public enemies of the
State.
When the Southern Express Company gave
a receipt acknowledging the delivery of cer
tain goods “to be forwarded” and express
ing in the receipt that, the company would
not be liable for any los3 from any cause what
ever except for fraud and gross negligence,
and that when the value of the property
was not specified in the receipt, the Company
would not be liable for a sum excecdingfifty
dollars lor each package. Held, tiie receipt
is evidence only of the reception of the goods
by the Company for the purposes therein
specified and is not evidence of any Express
contract.
Held, also, that an Express contract such as
is contemplated by the Code, section 2041,
cannot be proved in this way, and that the
giving of such receipt and the acceptance of
it by the shipper does not relieve the com
pany from the liability imposed bylaw upon
common carriers.
The liability of the carrier commences
when he receives the goods and if they be lest
Bryce & Co.’s 'Weekly Cotton Circular,
New York. January 17,1S6S.
Cotton.—Onr own market for the weok under re
view has been rather irregular, influenced by the fluc
tuations in Gold, and the varying tone of Liverpool.
The business done has been large, exporters being our
chief buyers, although outside speculation has taken a
considerable amount. Uur spinners have bought
rather sparingly, owing in part to the scarcity of desi
rable offerings, but mainly to the continued depressed
condition of tho goods market. The falling ofl'in the
week’s receipts on Saturday last developed a large in
vestment demand, which has run on Middling Cot
tons, which have conseanently become very scarce
and relatively higher in price than the lower grades.—
Of good Ordinaries the supply is becoming excessive,
nnd a larger relative difference between this grade and
Low Middling has been made In order to effect sales.
Of tho very high grades there is but a small supply
nnd an equally limited demand. For tho low grades,
Ordinaries and the like, there is little or no inquiry
and prices are nominal oxccpt for Texas, A good
business has been done in "Transits,” as holders are
able to offer on reasonable terms cotton bought at the
(South in December with a very fair profit for them
selves. Gold has fluctuated violently during the week
on tho action of Congress in relation to Finance and
Reconstruction. The largo supply of Coin on tho
street has rendcrod it impossible to maintain a very
high range of premium without constant support from
Washington in tho shapo of rumors or of actual
ovents.
General Remarks.—Tho doings and misdoings of
Congress have occupied the attention of the trade du
ring tho week, and a feeling of distrust has prevailed
inseparable from periods of such excitement ns the
present. Tho accounts from tho South continue oftho
most lamentable kind, and it now seem* certain that
everywhere there will bo a scarcity of meat before
Summer, and in some sections even of corn. Tlio
prospects of tho crop do not improve—wo hear of but
Sow engagements of laborers, and what are made are
at ictes but a little above the baro cost of existence.—
Yet the frecdmnn will have to take what he can get
for his labor, for the Radical majority in Congress will
not daro to givo the negroes bread as well as ballots
while whito labor in tho North is as depressed as at
present. •
Tho receipts last week fell off to SO.OOO bales, which
decrease is partially attributed to tho effects of the
Christmas holidays and tho uncertainty of tho repeal
of the tax. Thecrop in th<<Atlamic States is moving
much moro rapidly than in vhoJe States which find a
market in New Orleans, Mobfio and Galveston; the
Atlantic ports had received to January l.lSo-i. seventy
per cent, more than last year same time, while the
Gulf port3 were thirty per cent, below the receipts of
last year. No proportional .-(itement will give any
idea cfthosiio of the crop of lcif, for there aro so
many conflicting elements at work this season that an
averagcofanynuinbcrofpastyearswould provo noth
in-:. ihe o|in : .,a i-j.'.ii ill;,' gruund lapiliy that tho
amount of crop which will como to the ports and bo
counted is .simply & question of prices current from
this timeout. It we liavo a sharp advance the receipts
will probably reach a high figure, bat if Middlings
continue at 7 toTM«d. we doubt if we receive more than
15 per cent, in excess of last year, when the crop was
two millions of bales in round number*: Thcro is very
little talk now heard of a threo million crop, and we
doubt if any price could bring that amount to light this
season. Let the crop bn what it may, there is an
abundance of cotton in sight to supply tho wants of
manufacturers, and until this class can see a profitable
outlet they will not stock up in anticipation of future
short supply.
IN
ear IT LS TRUE THAT Du. SIMMONS* REGU
LATOR will relieve diseases of the Liver, Dyspepsia,
Chronic Diarrhoea, Sick or NcrvousHeadache, Bilioud
or Cramp Cholic, Constipation, Jaundice, Swimming
in the Head, Irregular Palpitation of tho Heart,
Shortness ofBrcath. Heartburn, Sour Stomach, Rest
lessness, etc. ^
None genuine unless prepared by the Simmons
Company.
C. A. SIMMONS,
General Agent, Barncsvil’e, Ga.
Retail price$2 per package. Heavy reduction to
wholesale cosh dealers.
For sale in Macon by J. II. Zeilin & Co., Theo. W.
Ellis, and L. W. Hurt & Co.
Bainbridge, Ga., December 2, 1S67-
J}r. C. A. Ftmmon*. BamevoilU, Ga. :
Dear Sir: We ore out of your Regulator, which we
consider a most valuable medicine. In every case
that wo have heard from, it has given entire satisfac
tion, and is destined to prove a great blessing to those
afflicted with Dysrepsia, or other diseases arising
from disordered liver. Wohavehcard some to whom we
have Soldit say they would not take ten thousand dol
lars for tho benefit received from its use; and others,
that it will not only do all you claim for it, but more.
;You will please send us by Express threo doren. Hope
to be able to order moro soon. Send immediately,
and oblige yours, respectfully,
janifl-dAwtf J. A. BUTTS A' CO.
NEW YORK,
Guff.
15
Sf
16
15
VALUE OP COTTON
Upland.
Good Middling 17?^
Middling 17
Low Middling.. W4
Good Ordinary 25J5
Ordinary 11)5
RECniMS.
Now Orloans, Jamil..
Mobile, ** 11
Charleston “ II
Savannah “ 11 -
Texas *.* 11—
New York, diro’t'“ 11
Other Ports “ 11— -
Total - 80.4S2
FOREIGN EXPORTS SINCB SEPT I.
FromNcw Orleans 174,421.bales
Mobile P.>.o28
Charleston 45,61*4
Savannah 74,443
Texas 5,522
New York 154.523
Other Ports 4,554
Total - 542,189
RECEIPTS SINCE SEPT. L
Kir. 17.
Texas,
IS 'A
IS
m
22,200 bales
17,OHO
6,758
17,324
2.4.30
R.668
6,022
uit vncaDS
Mobile
Charleston
l£),4o2
Savannah
253,258
25,130
j^cw York
‘4,269
Other Ports
Total
1019,433
SST AYER’S CATHARTIC PILLS ARE THE
most perfect purgative wo aro able to produce, and,
as wc think, has ever yet been icfido by anybody.—
Their effects have abundantly shown to the commu
nity how much they excel tho other medicines in use.
They are safe and pleasant to take, but power ful , to
cure. Their penotratingpropcrtiesstimulatothovital
activities of tho body, removo tho obstructions of its
organs, purify tho blood, and expel disease. They
purge out the foul humors which breed and glow dis
temper, stimulate sluggish or disordered organs into
their natural action, and impart tone and strength to
the wholo system. Not only do they euro the .every
day complaints of everybody, butformidablo and dan
gerous diseases. While they produce powerful effects,
they arc at the same time, in diminishcJ doses, tho
safest and be3t physio that can bo employed for chil
dren. Being sugar-coat-' 1, they are pleasant to take;
and. being purely vegetable, are entirely harmless.—
Cures hare been made that would surpass belief, were
they::i.; -J-t.nr,.' i '. y -u r. .i!ed charac
ter, a i t: : 5 i : I n 3. ;,;.u:y emi
nent clcrgyuitn nnd physicians certify to the publlo
the reliability of our remedies, while others baro sent
u? the assursneo of their conviction that oar Prepara
tions contribute immensely to tbe relief of oar afflic
ted follow-men.
The Agent below named is pleased to furnish, gratis,
our Ameri in Almanac, containing directions for tho
us: ofthese medicines and certificates of their cures
of the following complaints:
Ccstivencss, £;!i ms Complaints, Rheumatism,
Dropsy, Heartburn, Headache arising from foul stem-
'... N. i. 1:. i: • :: M- Aid Inaction of tho
Bowels and Pain arising therefrom, FJatuleney, Less
of Appetite, all diseases which require anevacuant
medicine. They also, by purifying tho blood and
stimulating the system, ourc many ei mplaints which
it would not Le suppesod they coukl reach, such Us
Deafness, Partial Blindness, Neural-ria and Nervous
Irritability, Derangement of tho Livei aud Kidneys,
Gout, an l other kindred disorders arising from a low.
state of the body, or obstructions of its functions.
Do not be put off by unprincipled dealers with other
rrerarations on which they make moro profit. De
mand Ayer's and take no others. Tho sick want
tb:.be.it aid there is forthem, and they .-hou'.d have it.
Prepared by Dn. T. C. AYER A CO.. Lowe!!, Mass.
an.l sold 3y r.’.I Pinggis! - foul dealer- in me.Jieine every
where.
J. H. ZE1LIN & CO., Agents.
dec-3-f Aw2mo]
STOCKS.
Tn New Orleans
Mobile
Charleston
Savannah
Texas .....
New York
Other Ports
113.910 bale*
74,100
13.757
60,550
70
Total 368,204
ikS-PHYSrCIAXS AND CLERGYMEN TESTIFY
to the merits of HALL'S VEGETABLE SICILIAN
HAIR RENEli'ER, in restoring gray hair to its orig
inal color and promoting its growth, It makes tho
hair soft and glossy. Tho old in appearance arc made
young again. It is the best Hair Dressing ever used.
It removes dandruff and all scurvy eruptions: Itdoes
not stain tho skin. Our Treatise on the Hair sent free
by mail.
Beware of tho numerous preparations which are
sold upon oar reputation.
It. P. HALL A CO., Nashua, N. II., Proprietors.
For sale by all Druggists.
Wholesale by J. if. ZEILIX A: CO., Macon, Ga.
janl— drcwlmo
Postponed Guardian’s Sale.
A GREEABLY TO AN ORDER TO THE COURT
il of Ordinary of Mu-cosee Countv, will be *olu
More tnc Court-hon*o f in tho city of jfacon. County
‘kb. between the usu.il hours of sale, on tho
{• IRSX Tli KSDAY in March next, ONE HOUSE nxul
LOT, known in tho plan t fsurvey of the city of
con frs oartpf Lot No. 5, Square 4.% situated on tho
corner of Fifth and Fophir ftretts with tho improve
ments thereon. Sold u* the t roperty of John I>, Boyd,
Terms cash. JAS. A. BRADFORD,
ian24-lawtds* Guardian.