Newspaper Page Text
THE TELEGRAPH.
MACON, FRIDAY, FEBRUARY 6, 1869.
Public Demoralization.
The New York Commercial, a Republican pa-
der, speaking of a suggestion made by one of
its contemporaries that Fenton should not l>e
admitted into the Senate until an investigation
had been made of the charge of corruption
brought against him, says:
“ The Serrate of the United States will do nothing
of the kind, for the simple reason that there is no
longer any political morality; and public virtue is
so demoralized that the greatest rascal is recognized
in financial and political circles as the smart fellow
and the statesman.”
That is a weighty admission, coming from one
of the most prominent Republican papers in the
country; and yet, we suppose, not one organ of
the party will be forward in taking up the cudg
els to defend the Senate against it. We think
the Commercial has stated, in few words, the
common popular idea of a body which thirty
years ago was universally believed to be the most
exalted assemblage of men on earth, in respect
to intellectual and moral elevation of character.
Less than that time ago, the man would be a fool
or knave who would have dared to impeach the
integrity of the Senate. A profound veneration
was everywhere felt for that body, and the sem
blance of anything like even the arts of the dem
agogue in the Senate chamber would have
brought a cold shudder upon the people. By
what arts has this lamentable chango been pro
duced ? What party is responsible for it ? What
are the prospects of a Government when all rea
sonable faith is lost oven in the common honesty
of its highest functionaries ? These and many
The Governor' arid His State Treas*
■ « urcr.
The correspondence between these function
aries about the securities for thirty-five thou
sand dollars, will be found on the fourth page
of this edition of the TkleUrafh. It is a part
of the history of these disjointed tunes which
we would gladly omit. It is something new in
our Georgia politics to see our high public func
tionaries charged with penitentiary rogueries.
We used to boast, before the “correcting” hand
of Northern politicians was applied to us, that
whatever other faults our public men were ac
cused of, they were at least clear of all charges
of fraud and peculation.
We do not propose to become in any shape a
party to this disgraceful controversy, but, ad
mitting the explanation of Governor Bollock,
that proves him at fanlt, in not complying with
law and nsage in the application of the missing
funds. Ho should, by law, have waited for an
appropriation by the Legislature, before ho
paid over this money to the proprietors of the
Opera House; and he should then have paid it
in pursuance of appropriation by warrants upon
the Treasurer. The Treasurer shows, very
properly, that, under the proceedings had, he
was left without vouchers, and was totally un
able to account for the money, though chargea
ble with it Besides, the people of the State
are entitled, through their Representators, to
revise such claims—to decide upon their equity
and propriety.
In this case, the city of Atlanta had obligated
herself to provide a capital building for the
State and a mansion for the Governor, without
cost to the State, for the term of ten years; and
we see that the Governor, the other day, pro
posed to commute his claim upon the city for a
other correlative questions might famish ground .
for reflection, if the popular voice itself bad not | ^enco,m pursuance ofJh«agremarat,for a
been corrupted into a more enormous farco than
these governing organisms.
The Atlanta Capitol—Who Days for
It?
Pertinent to the controversy now going on
between the Governor and the State Treasurer,
our recollection about the removal of the State
Capitol from Milledgeville to Atlanta is, that the
city of Atlanta agreed to furnish a building at
her own expense, for ten years, suitable for the
Legislature to hold its sessions in. The Atlanta
Constitution says:
“As some of our Georgia contemporaries seem
ignorant of the fact that the new State Capitol did
not cost the Stato of Georgia one dime, we would
remind them that it is furmshod by the City Coun
cil, ont of its own pocket, to the State for ten years,
free of charge.
“In this connection, bo beg leave to call their at*
tention to a resolution unanimously adopted by the
Senate on yesterday, thanking the'City Council on
behalf of too Stato for this magnificent tender.
If, therefore, the contractors of the new build
ing, tho Messrs. Kimball, have been paid $35,-
COO or any part of that sum, or one cent, out of
the State Treasury, it was illegal. But the
Governor says he has advanced these Kimballs
§35,000. How is that?
Got tho Hypo.
■Somebody ought to file a bill of injunction
against those flaming labels on patent medicine
bottles, on the ground of their disastrous moral
effect upon the nervous. For example, a friend
entered oux office yesterday with a bottle in
hand. What have you there? Oh, I have ex
actly tho medicine for my case. Look here—“a
specific for diseases of the liver?” I have them.
“Dyspepsia?” I’ve got that. “Sick or nervous
headacho ?” That I am always having. “Bil
lions or cramp colic ?’’ That I am particularly
subject to. “Constipation?” I always have it.
“Jaundice ?” I labor under it constantly.
“Swimming in tho head?” my head is always
swimming. “Irregularpalpitation of the heart?”
My heart never beats regularly. ‘ ‘Shortness of
breath?" My breath is hardly an inch long.
“Heart-bum?” It’s always burning. “Sour
stomach?” It’s never sweet. “Restlessness at
night?”Ispinaboutin my bed like a top. “Colic in
infants?” Well—that I cau’t swear to, but think
I hate had it. and it may come back. “Ladies
heart-bum ?” Well—that I know I should have
were there any ladies about me. And so the
poor fellow went on clean through the list—a
victim to every malady named, and yet he stood
five feet eight in his stockings, weighed 180
pounds, and had a complexion as ruddy as Da
vid’s when he went out to fight Goliah.
payment by the State to the owners of the Opera
House is therefore not so clear as it ought to be.
The case needs explanation, and we trust the
labors of these two functionaries will clear up
the mist which surrounds the transaction to the
satisfaction of the people, and the full and am
ple vindication of the personal and official in
tegrity of all concerned in it.
Supreme Court of Georgia.
Thurso at, January 27, 1869.
Argument was concluded in Moses Brian, ad
ministrator, etc. vs. Martha O. Banks, com.
plaint from Hall, E. M. Johnson, for plaintiff in
error, It E. Bleckley for defendant in error.
The Chattahoochee Circuit was then taken up.
The following disposition was made of the fol
lowing cases:
The continued case of John T. Williams, et
al, vs. J. H. Mobley, executor. Equity from
Harris was argued by Peabody for plaintiff in
error, and B. Hill, for defendant in error.
No. 1. Water Lot Company of -the city of Co
lumbus, vs. Michael Callahan, awardfrom Musco
gee was dismissed for want of prosecution.
No. 2. Jackson Hazleton, a person of color, vs.
the State, polygamy, from Muscogee, was dis
missed, it being stated that the Governor had
pardoned Hazleton. I
No. 3. Daniel Harris vs. J. B. Brerd & Co., mo
tion to set aside judgment from Muscogee, .was
argued by Jas. Russell and Thornton, Solicitor
General, for plaintiff in error, and by Geo. S.
Thomas, representing L. J. Downing, for de
fendants in error.
No. 4. Embury & Fisher, vs. ’ J. J. Clapp,
complaint from Muscogee was argued. Pea
body & Browner for plaintiffs in error. Ram
sey & Ramsey by James Russell for plaintiff in
error.
No. 5. James Martin and Paul Key—burglary
from Muscogee was argued. Ramsey _& Ram
sey by James Russell for defendant in error.
Thornton, Solicitor General for the State.
No. 6. By consent changed places ^ritli No.
7, which was then taken np. It is John Pol
lard, tenant in possession, vs. Edward B. Fish,
executor, etc. Ejectment from Chattahoochee.
Williams & Thornton, M. H. Beauford by
Judge Clarke for plaintiff in error, and Pea
body & Browner for defendant in error.
Mr. Peabody being anxious to leave, movftl
the opening argument, and proceeded for de*
fendant in error. This case involves the same
question as that argued by Bleckley & Johnson
in Brian vs. Banks, viz: as to the running of the
statute of limitations during the war. Peabody
having concluded, the Court adjourned till 9
o’clock, A. sr., to-morrow.
No. 6 is the only remaining case on said cir
cuit, and is very short. The next circuit is th^
Macon, on which there are ten causes.
A Cntkbert Hearer on the Memorial
Association Concert.
Reduction
in Freight
Road.
on the State
The Atlanta New Era, of yesterday, makes
the following important announcement: “CoL
E. Hnlbert, superintendent of the Western and
Atlantic Railroad, has reduced the freight on
lime from Kingston to Atlanta to eight dollars
per car load of two hundred bushels. The
price formerly has been sixteen dollars. A pro
portionate reduction has also been made from
Kingston to way stations on the road; also, on
lime shipped to connecting roads, thus giv
ing the people generally the benefit of the re
daction on their lime, enabling them to use it
more freely for agricultural purposes.”
Dr. Stevens’ Address.
We have received a manuscript copy of an ad
dress delivered before tho Pioneer Agricultural
Society of Baker county, Ga., by Dr. J. P. Ste
vens. In the existing pressure upon onr space,
wo cannot say when wo can, find room for it;
but will hold it for the present to see what can
be done.
The Georgia public, wherever they sing, will
be astonished to know the extent of their attain
ments, and can only realize them by attending
and witnessing their extraordinary achieve
ments.
With a dignity and grace that must draw
largely upon the admiration of all, they com
bine the unmistakable characteristics of modes
ty that is truly Southern, and which. I must con
fess, interested your correspondent more than
the melody of their voices. And it is difficult
to decide whether I most admired the four ladies
of the troupe for the evidences of moral worth,
or their brilliant musical talents.
Tuesday evening, the 26th, was a fine oppor
tunity to see the people of the beautiful city of
Macon, fairly and fully represented in assembly.
Age, of both sexes, youth and manhood, intel
ligence and beauty, piety and talents; the bishop
and preacher, the banker and commission mer
chant, the wholesale and retail dealer, editors
and publishers, lawyers and doctors, and men of
elegant leisure, and ladies to correspond with
each, were in full force that night at Ralston’s
Hall. Such an opportunity a stranger would
not probably have again in years to come. The
theatre and circus are too worldly, and the
church too pious to draw them out in full num
bers and all characters. Bnt this was not only
a splendid kind of entertainment and splendid
of the kind, bnt originated in that deep laid and
inextinguishable love for the “old land” that
war can never bleed out, poverty slave out, water
wash out or fire bum out; which is pervading
and universal, and links forever in the hearts of
the true and brave, the virtuous and pure, the
glories of the past with the hopes of the future.
It was a fit ovation, by one o*f the finest commu
nities in the South, to worth and talents, or to
the memory of those who sleep in a halo of re
nown and glory, impervious alike to slander and
triumphant political power, perhaps to both;
for both well deserve the honor.
I am unable, however, to comprehend that
American progress, which seems to give so much
attraction to music in a foreign toDgne, by an
audience acquainted only with the mother Eng
lish. Vocal posssesses two triumphant advan
tages over instrumental music, even where the
instrument is fine, compared with the voice, and
tho player accomplished and artistic, commen
surate with the singer; the electric influence
of the singer over the hearer, and the effect of
sentiment blended with harmony of sound. Tho
latter is certainly lost if the hearer does not un
derstand the language sung. Harmony and
power of voice are insufficient to meet my
humble conceptions of a first rate vocalist, with
out the power of distinct articulation—and for
an American singer to yield this advantage by
a programme in Italian or German, must be a
mistake of judgment.
You will pardon a further remark, not intended
JefH Davis in Paris—His Mode of Life.
From the Gauloit.]
Mr. Jeff. Davis, ex-President of the Confed
erate States of America, Is among us, with his
wife, whose heroism is eqnal to the harshness of
her destiny. He comes to see Paris and seek
here a retreat to which he can bring in a week
his children, left temporarily in America. Noth
ing can be more simple than this man, who is
experienced, like our fathers of ’93, and who,
like them, sent suddenly to all points of the
Southern States as many armies as the French
Republic opposed to the coalition in Europe.
Jeff. Davis is very thin, but erect. His chest is
not hollow, .and his body supports an admirable
head, joined to broad shoulders by a rather thin
neck. His forehead is ample, his hair gray, his
contour rather bulging, in which are set clear
blue eyes, which are very soft, yet observing.
His face is thin, his cheek-bones prominent,
and consequently bis cheeks appear hollow.
The nose is aquiline and like an eagle’s beak.
His mouth is rather large and indicative of good
ness and resolution—his chin prominent. The
ensemble of that ascetic face is now a mixture of
meditation and indulgence.
Daniel Wingate, Colored.
A letter from Florence, S. C., asks ns, asanact
of charity to bereaved relatives, to enquire the
whereabouts of one Daniel Wingate, a colored
lad thirteen to fifteen years old, who was taken
from Marlboro district by Sherman's raiders.
Information to bo sent to J. Phillips, Florence,
S. O., who will send money, if necessary, to de
fray Wingate’s expenses to Florence.
Jeff. Davis speaks mildly, and his face ex
pands as he smiles. He is naturally slow in ex
pressing his 'ideas in onr language, which he
constantly mixes up with idioms from his own
tongue. He is quiet in gesture and in declama
tion: but his phrases in the mother tonne areg
well rounded, concise and neat Has experi
ence, in the failure of better or stronger com
binations, rendered him less positive, or does he
always proceed, in the expression of his ideas,
less in an absolute thau a dubious way? It is
true, he feels his way in our language.
He has remained true to the principles of
slavery, but modified, as he admits. He con
cedes rights to the negro race which can prove
that it is born to enjoy them and made to un
derstand them; but, at bottom, he is convinced
that the African and the Caucasian races cannot
assimilate. As to the rest, tho extreme violence
which tho exigencies of the anti-slavery party
caused, the subject of which was the sudden ruin
of the Southern people, was, in his opinion, the
consequence of the resistance which the latter
made.
Here, Jeff. Davis is fully enjoying all the cu
riosities that Paris affords, which he finds very
beautiful, and which he untiringly visits all the
day. As to his material life, he does not care as
to his food, breakfasting on a slice of bread and
butter and a cup of coffee, and dining on two
dishes.
Morally, his courage, his views, his strictness,
his exquisite probity, the example of all his de
votedness, his self-denials, his good faith to his
principles—to which he has sacrificed every
thing, for which hrfhas suffered everything—the
placidity of an npostle, and the commiseration
of a martyr for his enemies, his resignation and
serenity—all these have made Jeff. Davis a rare
and great man—so great that, in the midst of
our modem civilization, one cannot come near
bim without the utmost respect.
Mr. Jeff. Davis dinod on New Year’s day
at the residence of his old representative at
Paris, Mr. Slidell. The dinner was quite pri
vate, and Mrs. Davis, in mourning for her
mother, was not there.
to apply particularly to the memorial troupe,
judge of music as I do of poetry, fiction and
eloquence—that is by the effect upon the feel
ings. When I witness only an effort to perform
sufficient and inharmonious sounds, instead of
to blend in sweet concord those sounds to stir
the heart, elevate the soul, and refine the sent!
ments. I can bnt feel that there is a woful waste
of talents. Cdihbebt.
Lo the Poon Neqbo.—The Chronicle and
Sentinel says that Dr. Eve of that city passing
through the suburbs and hearing groans from tho
interior of a hovel, entered and beheld a {nearly
grown negro lad mercilessly lashing n little ne
gro girl. Summoning the police the victim
was found crouched upon the floor, her person
clothed only with noisome, rotting rags: emaci
ated from long fasting; fleahlcss bones protru
ding Ukothose of a skeleton; eyes sunken deep
in their sockets, whilst the blind, deaf, idiot
girl, with foeble voice, begged for bread. An
examination revealed the fact that, neglected
and deserted by her unnatural mother, the girl
was actually perishing from wont of food—starv
ing to death. : •' ■
High Hee£s.—The Scientific American tells
its readers what every physician and student of
physiology knows about the silliness and harm
fulness of wearing high-heeled shoes. When
the heel is raised, as is the present custom, the
bones of the thigh, pelvis, and leg, os well as the
foot, are thrown into an abnormal position; and
while the bones maintain their plasticity, the ef
fect of such unnatural tension is sure to be per
petuated in tho shape of crooked shins, bandy
legs, elephantine toe joints, and a cramped, un
graceful gait, : ■
Congress seems to be making preparations to
■tumble the whole Georgia delegation out of the
House, and shut the door of the Senate against
Hill and"Miller. There’s a sprinkling of salt in
the Georgia delegation which is intolerable.
Nothing but pure carbet-bag is wanted front the
South.
Destruction op the Western Forests.—The
destruction of the forests, for timber and fire
wood, all along the track of the Pacific Railroad,
has become so great as to call loudly for the
immediate interposition of the government.
Private oarties, having saw mills, and contrac
tors for fuel, are both cutting on government
land without stint; hundreds of millions of feet
of lumber, and hundreds of thousands of cords
of wood are being thus swept away without any
consideration of the rights of the government,
and thousands of acres of land are thus rendered
valueless.
Fortunes or Sanannah.—The News of Thurs
day complains that the consolidation of the Cen
tral and Atlantic and Gulf rontes to that city has
had already the effect by advancing freight rates
to re-establish ocean routes from Apalachicola
to New York and New Orleans, and the trade of
the river will be lost to Savannah.
Six years ago, says the Tribune, Anna Dipt
inson was a poor girl working in the Philadel
phia mint Tho gentle" Anna is unfortunately
not the only poor girl whohns lost ground in the
last six years.
The Lost Cause.—The Washington corres
pondent of the Baltimore American says that
Collector Smythe, responding to inquiries by a
member of the Retrenchment Committee, sayp
that E. A. Pollard wee nominated to the See
tary of the Treasury for a clerkship in the
New Writ Custom house ae E. M. Pollard which
“misled” him as to the character of the indi
vidual. The Collector says “he took the test or
ron oiad oath on entering upon his duties.”
Carl Schurz, Senator elect from Missouri,
tied hard to get a similar position from the peo
ple of Michigan and Wisconsin. He toted his
carpet-bag around and finally found a market.
A Solution or rstz Bulloce-Anoieh Difficul
ty.—Take the State Capital back to the honest
village of Milledgeville. VreH
Bubal Virtue Seduced bt Cite Fashions.—
The removal of the State Capitol fromkHjledge*
villa to Atlanta. ■** c *
Chatham County.—The taxablea of Chatham
Aunty foot up $18,857,375.
GOVERNOR BULLOCK’S REPLY
To tbe Report of the Treasurer and the
Treasurer’s Rejoinder.
From the Atlanta Constitution.! ’■ "
To the Honorable Chairman and Members of
Finance Committee of the House of Represen
tatives :
Gentlemen : I have.found the inclosed report
of the Treasurer published in the newspapers,
and am adyised by the published proceemngMrf-
the House that this report was referred - to your
committee: ,
Treasurer’s Office, >
Atlanta, Ga., January 21,1869.j
To the Honorable House of Representatives of the
State of Georgia
In response to your resolution of yesterday, as
follows:
^“Resolved, That-N; LrAngier, Treasurer of tMs
State, be, and a hereby requested to communicate
to this House, as early as practicable, what amount
of State bonds have been issued since he came into
office, and whether or not the same have been sold
or hypothecated for money borrowed; what amount
of bonds have been sold.'and at what price; what
amount has been hypothecated, and where; how
much money has been borrowed by the State on
hypothecated bonds; how much money has been
drawn upon the faith of the hypothecated bonds of
this State, and by whom; what portion of tho money
so drawn has been received into the Treasury of
this State; what is the Stato of the accounts at this
time with tho State of Georgia, and the party or
parties with whom the State bonds liavo been hvpo-
thecatedgiving a full and clear statement of all
matters in this resolution referred to.”
I have tie honor to report that on fhe 21st day of
September; 1868, His Excellency, Gov. Bullock, and
myself delivered to the agent of the Fourth Na
tional Bank of Now York a contract to place in their
possession one hundred and fifty thousand dollars
($150,000)of the sevenper cent bonds of the State,
on or before the 15th day of November, 1868, upon
which contract; as collateral security, said bbnk ad
vanced ns one hundred thousand dollars ($100,000)
cash. On the 6th October, 1668, similar contracts,
to the amount of sixty thousand dollars, were exe
cuted and delivered to the agent of the Bame bank,
upon which security said bank advanced us forty
thousand dollars ($40,000) cash.
On tho 17 th day of November,:
all packed* and wanted to visit Washington on
some old business of his own; and thought he
would go anyhow.”
About this time it was reported to me that a
person oocnpying intimate personal relations to.
the Treasurer had assured some members of the
General Assembly, in a semi-confidential man
ner and in general terms, that if “adjournment
oould be prevented, Angier would bring home
ample evidence for the impeachment of the Gov
ernor. '’ n~~—-.1:r.: . ...' • ~~~
The Treasurer returned on Sunday, the 17th,
and on Tuesday morning, the 19th, 'in response
‘ invitation, he called on me, and in the
On tho 17 th day’of November, 1868, there was pre
pared and forwarded from this office, six hundred
thousand dollars ($600,000) new seven per cent,
bonds of the State of Georgia, dated November 1st,
1868, signed Bufus B. Bullock, Governor, David G.
Cotting, Secretary of State, coupona signed by tho
Treasurer, to tho Fourth National Bank, to carry out
tho terms of tho contracts made to them September
list and October 6tb, 1868, and to be hypothecated
lor further sums of money to meet the interest on
;e public debt fallen and falling duo, and for other
November 9th, 1868, we received by oxpreas $25,-
OCD as an advance on said bonds. November 12th,
$23,000 by express, November 20th, $25,000 on draft
of Governor Bullock, November 21st, $25,000 on
drift of Governor Bullock, December 7th, $25,000
by express, December 12th, $25,000 by express, and
December 26th, $35,000 by express, all of which
amounts were received into tho Treasury.
Or ilio 23d day of December, 1868, 'supposing a
considerable amount of tho now seven per cent.'
bonds hod been sold, and desiring to make a report
of them in my annual report to tho Governor, I
wrote to the Fourth National Bank, asking them to
adviso me what amount of tho new Beven per cent,
bonds had been sold, and at what price, and at the
samo time to send me a complete statement in ac
count current of tho State with tho bank. On tho
9th instant I received a full statement of tho ac
count, and a letter, in which was stated: “None of
the nfew seven per cent. bonds have beensold.it
being considered unadvisable to do so, in consulta
tion between our President and Gov. Bullock, it be
ing considered by many that tho Legislature author
izing them was an illegal body.”
Besides crediting themselves in tho account cur
rent with the various amounts named above, they
also took credit for a largo amount which I did not
know anything about, and which had never reached
the Treasury. Not knowing how to account for
these credits, I immediately started, on the eve of
tho 10th instant, for New York, to get a full ex
planation of them. Having arrived in New York I
proceeded to the Fourth National Bank, and found
; hat Goy. Bullock had drawn drafts to the amount
of thirty-five thousand dollars ($35,000.) (Copy of
the draft I give below) which amount has never been
paid in nor reported to the Treasury by Governor
! hillock:
conx or first draw.
No. —U
• New York, Oct. 29,1868.
Fourth National Bank of tho city of New York,
pay to ■ the order of , seventeen thousand
——dollars.
[Signed] Rufus B. Bullock,
$17,000. Governor of Georgia.
COPT OK SECOND DRAFT.
No. . New York, Dec. 3,1868.
Fourth National Bank of tho city of New York,
S av to the order of R. B. Bullock, eight thousand
ollara. Chargo account State,
[Signedj Bums B. Bullock,
$8000. Governor of Georgia.
ARKANSAS.
eloodt doings of clavton’s black ruffians—
they murder a respectable citizen in cold
BLOOD.
Special Jsiepatch to the Lau-nllle Courier-Journal.]
Little Rock, Jan. 26, 1869.
A squad of Clayton's militia, commanded by
negro, went to the house of a Mrs. Bums,
near Rochester, Mississippi county, on Friday
last, and took from her stable two riding horses
and a mule, with which they made off, in spite
of the protestations of the owner, who is old
and infirm and a widow.
An hour or two after, Mr. R. B. Dashiel, a
respectable citizen of the county, and son-in-
law of Mrs. Bums, came to the place, and find
ing what had happened, set-out with a Sheriff’s
warrant and Constable in pursuit of the marau
ders.
They came up with them at Bell’s Bluff, where
thejf had encamped, and Mr. Dashiel told the
chief of the party that if he would give np the
stolen property no proceedings would be resort
ed to. The negro replied that “all hell should
not make him give np his lawful rights." ' He
further said that it was his intention to take
whatever he wanted from the white folks, as he
was instructed to do from Washington. Mr.
Dashiel was in the act of remonstrating when
another of the negro party came up behind him
and shot him dead. The Constable turned to
fly, but was caught by the negroes and .tied to a
tree, where they left him and beat a hasty re
treat. The case has been reported to the Gov
ernor, who refuses to entertain it.
The people are flying for their lives in every
direction, hiding ont in the woods, and other:
wise seeking to evade the militia, whose officers,
declare their intention to depopulate Arkansas
and repopulate it with negroes.
Memphis, January 27.—A Lieutenant and six
men of the Arkansas militia came to tho city to
day, heavily armed. Thejr were arrested by the
police on a charge of the intentioned arrest of
certain persons here, bnt subsequenty placed
on a ferry boat and sent over the river.
Governor Clayton and staff returned from
Marion last night.
It is reported the the militia now operating in
Crittenden county have been ordered by the
Governor to Helena to be mustered out.
A Crop of Tomatoes and Peaches.—The Ma
ryland Crumptonian says :
Messrs. Morton A Harris, of Bound Top, a
few miles from Crumpton, Queen Anne county,
Mdi, intend this year to plant 200 acres of their
extensive farm with tomatoes, which they intend
to preserve in cans. They have 800 acres in
peach trees, and should there be an average crop
of peaches they will require to erect a new can
ning-house for the tomatoes, as their extensive
buildings will be no more than enough for the
peaches, the entire crop being preserved moans.
They expect to employ at least 600 hands, : and
should the yield be large, 1000 will be required.
No More Punisment, Human ob Divine.—
The Women’s Rights Convention, now in
sion at Washington, composed in part of “buck
niggers,” have unanimously adopted the follow-
ingresolutaoxML branaci Vi Mijri&f j »\
Resolved, That all idea of punishment, both
inhuman and divine government, should be
done away with, as at war with the law of love.
The present system of discipline in the family,
the school and the prison, founded on tins idea,
is unworthy of civilization, to say nothing of
Christianity.” “ •
The fear that is life to ae—Tbe atmosphere.
COPY OF THIRD DRAFT.
(Endorsed on back H. L Kimball & Co.)
December 12,1868.
Pay to the order of H. I. Kimball & Co., ten thou
sand dollars, and charge same to the account of the
State df Georgia.
[Signed] Rufus B. Bullock,
Governor.
. To the Fourth National Bank, N. Y.
By the Governor;
[Signed] Eugene Davis,
Secretary Executive Department.
December 14th, 1868, there was sold of the 7 per
cent, mortgage bonds $40,000, at 92%c.: December
16th, $10,000 at same price; December 17th, $92%c.;
December 19th, $4,000; January 6th, $31,000 were
sold at 92%o.; January 11th, $20,000 were sold at
90>fce.: January 15th. $50,000 were sold at 89)fc.;
January 16th, $74,000 at 99#., making total amount
of money realized from sale of seven per cent, mort
age bonds two hundred and sixteen thousand eight
lundred and eighty dollars and sixty-nine cents
($216,880 69) out of which the Fourth National
Bank has paid coupons to the amount of about one
hundred and thirty thousand dollars ($130,000.)
Tho letter accompanying the account current, re-
iorts two noies in addition to contracts mentioned
jefore. given by Governor Bullock, both amounting
to five hendred and seventy thousand dollars. (570,-
000,) supposed to bo given as a security for money
advanced and to he advanced to meet the interest
on the public debt.
Respectfully submitted, . /
N. L. Anmeb, Treasurer.
The statements made by tho Honorable Treas
urer are so insidious, and his course towards,
and with, myself so extraordinary, for one in his
position, that I feel it due to myself, as a citizen,
as well as in my official capacity, to present to
yon certain facts which will, I think, sustain the
position I now take, that the action of the
Treasurer—a subordinate official of tho Execu
tive Department—amounts to participation in
what would seom to he a conspiracy against the
Executive,
to my
course of the invitation then had, after being
informed of toe facts toudiing the drafts, and
seeing the yonchers in xtiy possession, and in
response to my'query as to wmy he should have
taken-the steps which I had referred to, he, af
ter assuring me of his confidence in my integ
rity, used the following language “To- be
frank with you, as I desire to 1 be with every
body, I do not think you have treated me with
the courtesy that is due 1 to ity office, arid, be
sides, I understand that yon were'trying to .have
the State put back into military government,
and get all the power into your own hands. I
was opposed to this, and decided to fight yon on
it in any way that I could.” *. • °’’
Upon my explaining to him his error as to
military government, etc., eta, he expressed
his respect, regard, etc., arid' the interview
closed.
I then decided to prepare a report of the action
taken by myself in negotiating the loans, malting
the advances to secure the heating, lighting and
furnishing of the public buildings, ana submit it
together with a supplemental statement from
the Treasurer, to the General Assembly.
On Wednesday, the 20th, the resolution was
adopted,’to which the Treasurer responds. On
the morning of the 21st, the day following, .my
secretary called.on the Treasurer and in .my
name stated to- him that I had repeatedly
called for a copy of the account current with our
bank agent in New York, and desired especially
to have it, and also that wheri he completed his
report in responso to tie resolution, I would bo
pleased to see him arid the report before it was
transmitted to the Hcase. Tho Treasurer prom
ised to send the account current, but refused
either to call or exhibit his report; saying: “The
Governor has not treated me with, proper cour
tesy until he finds it to his interest to do so.”
The report was sent in before 12 o’clock the
same day, arid the account was riot handed me
until late in the afternoon, at the hotel. I, there
fore, had no opportunity either tor bo advised of
the nature of ’ the report or to prepare a state r
ment to accompany it.
The Treasurer states in this report, referring
to the drafts drawn by myself: “Not knowing
how to account for these credits, I immediately
started, on the eve of the 10th last., for New
York, to get a full explanation of them."
■ i As the Bank account, 'in at least one of the
cases, states specifically that the draft was‘drown
by myself, and as I was at that time in Atlanta,
with the Treasurer’s knowledge and accessible
to him, ho could have obtained a “full explana
tion” without going to Now York.
The report further states that he “fotind that
Governor Bullock had drawn drafts to the
amount of §35.000, which amount ha3 hover
been paid in nor reported to the Treasury by
Govenior Bullock.”
This statement Is made on the twenty-first,
notwithstanding that, at the interview on the
morning of the nineteenth, the Treasurer saw
my vouchers, and was entirely advised as to the
whole matter. • . . j
The published proceedings of the house, as
given in tho evening papers of the‘21st, simply
mention the Treasurer's report as having been
referred to the committee, without publishing
the report in fulL I am informed, however,
that the Treasurer’s clerk—his son—used very,
considerable exertions to cause the report to be
published in full in a morning paper, thus
evincing an inordinate desire to give the matter
a publicity which it would ' not have’obtained in
the ordinary course of official proceedings.
I respectfully submit to your committee that
the course pursued by the Treasurer as herein
stated, indicates a malicious attempt to discredit
the integrity of the Executive, to the end that a
partizan political movement in opposition to the
present administration might bo advanced,
I regret that tho conduct of the Treasurer,
viewed in connection with this report,, forces
mo to this conclusion: Had he been at his post
at the timo when his duty especially required it,
a full exhibit could have, and would have, been
made to tbe General Assembly accompanying
my message.
Had he complied with my request and pre
sented to me his response to the resolution, such
exhibit could, and would, then, have been made.
Whenever tho Treasurer abandons his present
mistaken position, and places himself in proper
official relations with the Executive, as a sub r
ordinate officer of this department of the Gov
ernment, full and complete reports will be made
to the General Assembly, covering the financial
condition of the State, and of the transactions
which have been had under tho authority of the
acts passed at the last sesssoh,
Tho credit of our Stato is bettor, and our
bonds sell for a higher rate than those of any
other SouthemState. ButI respectfully -submit
that this credit cannot be maintained by permit
ting subordinate officials to advance their polit-
cal views, or their personal opinions of what is
demanded by “courtesy,” through insidious at
tacks upon the integrity of the Executive.
Rufus B. Bullock, Governor.
No one would go further than myself in sus
taining the Treasurer in any and all measures
which were necessary for the protection of the
Treasury against fraud, speculation or unlawful
expenditure, and of this fact the present Treas
urer has had ample evidence; but I propose to
submit for your consideration facts which tend
to show that the course of the Treasurer is pro
moted by other motives.
I found it necessary, in order to secure tho
full completion of the capital building and pub
lic offices in timo for the reception of the Gen-
reception
eral Assembly, to make certain advances of
money to the Messrs. Kimball, and obtained
the money for such advances from the Fourth
National Bank upon my official drafts. Ido
not propose, however, in this communication,
to argue the propriety of that course, but
simply to state tho fact.
Those amounts were charged in account
current with the State, and the hank was re
quested by me to send to the Treasurer a full
statement of account up to the 1st instant.
With the knowledge that such a statement
had been , forwarded, I arrived in Atlanta on
Sunday morning, the 10th, prepared to enter
on Monday upon the duty of making and com
pleting my report to the General Assembly.
. On Monday, therefore, at the usual hour, I
was at my office in the capitol, and invited the
Treasurer and Comptroller General to present
their respective reports.
The Comptroller General presented his able
report, but the Treasurer was not present. Upon
inquiring of the Treasurer’s clerk, his son, I was
informed that the Treasurer, his father, had
“gone ont of town for a day or two." His reply
to my inquiry as to whether the Treasurer would
be back in time for the meeting of the Legisla
ture, was, that he “ did not know.” He further
informed me that his father had received the
account current from New York, and that he,
the ton, was making out a report jn accordance
with his father's instructions. '
The report was presented to me on Teesday,
and os it made no mention of the amounts
charged by the bank on my drafts, I decided not
to make any report upon this matter until the
Treasurer’s return, when the acoounts and
vouchers could be verified. nii- nataC bun .Jens
I did not learn until Friday, the 15th, that be
had gone to New York, and then oqly obtained
the information by a letter from Washington, D.
C., which related some remarkable statements as
having been there made by the Treasurer.
I then sent for his sou and presented bim the
letter, and asked why he did not tell me frankly
at first that his father had gone to New York.
He replied that “father wanted it kept entirety
secret, and did not want any one to know where
he had gone.” :6bcu ns-hotklWroIiHS .two
I further asked that as his father left Sunday
night, after knowing that I was in the city aU
day, why, if he was anxious for information, he
did not first come to me.
Tbe son replied that “father had his things
Treasurer’s Office, [
Atlanta, Ga., January.
To the Honorable Finance Committee of the
House of Representatives :
Your communication of the 26th inst., asking
a full explanation of my course with Governor
Bullock, received. In response to your first in
quiry, why I did not communicate with him be
fore going to New York, on the 10th, I would
state that from statements in tie account from
the Fourth National Bonk, received the day be
fore, I considered my own protection, and that
of my securities, and the interest of Georgia re
quired that I should see and confer with said
bank before communicating with him, from the
fact that there was much mystery in large
amounts drawn from said bank, to appearances
involving the Governor in an unlawful use of
the funds of the State. This will explain my
son’s reticence, when interrogated by the Gov
ernor, as to where I was.
The account was already involved in a cloud
I could not penetrate, and not knowing the
bank officers, I feared there might be further
mystery, should the Governor be advised whore
I had gone. As an evidence of a part of the
mystery, the State of Georgia was, on the 29th
of October, charged, in the money column, with
seventeen thousand dollars ($17,000,) without
stating to whoso order, to whom paid, or what
for. On tho 14th of December the State was
charged “informal draft sent to Washington,”,
ten thousand dollars ($10,000,) without stating
who drew it, to whom paid, or what for. No
ticing the Governor reported alternately in
Washington, and the Fifth Avenue Hotel, New
Y’ork, with his private secretary, I felt appre
hensive that this money was finding ventilation
in a wav not to reach tho Treasury of Georgia,
and leaving the natural inference that the money-
had reached the Treasury—thus making me
and my securities responsible for what he had
spent without any authority in law. My sus
picions wero further aroused from tho seven
teen thousand dollars ($17,000) stated'* above,
corresponding’ in amount witli thei private ac
count of the Governor with a certain bank, and
the fact that one of his secretaries presented
me with the bank notes of the maturing of a
four thousand dollar note of the Governor,
warrants, and refused payment because of ille
gality ; he further knows that he urged irie to
pay mileage to a subordinate - clerk, which he
knew was “unlawful expenditure” and down
right robbery. He has employed and paid three
times as many clerks as has been customary in
the Executive Department, allowing some full,
even extra pay, when they were absent half the
time. He issued a warrant of two thousand dol
lars ($2,000) upon an account running from 1858
to 1863, which Gov. Jenkins and toe Legisla
ture of 1866 refused to pay. He advocated the
paying of Messrs. Kimball twenty-five thousand
dollars ($25,000) rent per year for toe Opera
building, and seemed anxious I should lend my
influence in that direction, which led me to in
fer that he was interested in toe building, and
the unauthorized use of the amount stated
above strengthens my ctmjeotareaareitre^
I must say the Governor's imagination was
very fruitful and greatly in error, and his vanity
easily flattered, when he stated I assured him
of my confidence in his integrity.
His statement is overrunning with truth, that
I was opposed to military goverment under his
dictation. Having opposed secession, and early
and patriotically entered, the service of recon
struction, I expect to fight under the barin£r un
til Georgia is restored'to full participation iri the
General Government, and purged of all political
mountebanks. His pretended speech at Albion,
N. Y., was a faint though unmistakable light,
that finally kindled and exploded through Sum
ner’s battery at Washington.
The Governor must suppose me very credu
lous, if he presumes, under the circumstances,
I'would regard .the receipt he refers to, valid,
especiality without ariy statement of account.'
This receipt was ah after-thought after my de
parture,' and never would have made its appear
ance at the time it did, but for my absence.
Why did tho Governor not account for tho seven
teen thousand dollars ($17,000) he drew iri Oc
tober. Ho returned to Atlanta after that and
occupied the same building for weeks, where he
saw me daily without reporting it, and finally
made his third visit to Washington and New
York since he has beori Governor, keeping this
whole mktter in profound silence, though we
often conversed on the monetary affairs of the
State. . "
It is presumed the different departments of
the State should have some knowledge of tho
whereabouts of the other, but, in violation of
the rule, the Governor has had three long inter
vals of absence, the last forty-two days, without
the other departments knowing the time of his
departure, where to address him, or the expected
time of his return, yet he severely censures and
reproves ine for an absence of only seven days,
looking after the security of the fnnds and credit
of toe State, though the first and only absence
since my office was opened.' '
Tho. Governor .manifests some apprehension
about the downfall of the administration. I cer
tainly desire that he should prove himself
worthy to he one of the main pillars ; yet, if he
should fall, I trust it will not be like Sams on’s,
bnt that the Temple of Liberty will survive.
His efforts to excite toe sympathy of the Re
publican party are so unfortunate and feebly
drawn, that" I shall refrain from any comment
further than to state he attaches too much im
portance to my partizan influence, and I am
truly sorty he has found it necessary to resort to
this weak subterfuge. Certainly it is a'poor
way to produce harmony and strength of party,
to assault in such a spirit even a “subordinate. ”
His Excellency need have no donbt as to my po
sition. Having been an ardent supporter of
General Grant, I believe his incoming adminis
tration will prove the pure patriot and able
statesman, as he was the military chieftain of
the nation, destined to lead ns to as signal vic
tory iri the Cabinet as he did in the field. May
his arm. that was successfully raised to perpet
uate the Union of the States, crush out every ef
fort, come they from open foes or pretending
friends, 1 to prevent a full return of each subor
dinate to the.national fold.
In my answers to the resolution of inquiries
from the House, I gave simply a statement of
facts .to the questions as propounded, leaving
others to make their own inferences, and draw
their own deductions. If the truth hurts, no
one regrets more than I, that his Excellency has
placed himself in a situation to feel its goadings,
and his resorts to abuse and malevolence in his
efforts to sustain himself. Such weapons are
sure to wound those who use them. If in my
efforts to ward off these undignified assaults of
the Executive, I have used some sharpness, and
called to aid, other developments, casting a
shadow on his Excellency, I trust the indul
gence of tho Honorable committee will excuse
the manner in which I have used the weapons
of truth called forth by your inquiries.
Respectfully submitted,
N. L. Anoiee, Treasurer.
court, in view of the fcVideiicecontained
in toe record, so far as toe same - relates
to the illegal acts of the parties, wSs efror. It
being the opinion and judgment of this Court,
that the Court below should have charged the
jury that if they believed from the endence
that at toe time Cannon was killed by the cob
liaion of the railroad trains, that the railroad
company and the employees of that company
(including Cannon, as well as the other employees
whoso negligence caused the injnry) were volun
tarily engaged in the transportation of Confed
erate soldiers on toe road, for the purpose of
making war upon toe Government of the United
States, then the plaintiff is not entitled to re-
Judgment reversed. a Jt
P. S.. Mynatt, and L. E. Bleckley, for plaintiff
in error. :nfer> •
S. BJ Hoyt, and Rob’t Baugh, for defendant
in error.
: f. DELIVERED AT ATLANTA JANUARY 27, I860.
Irwin H. Woodward, plaintiff in error, vs. Sam-
uel M. Gates ct al., defendants in error, from
Merriwether.
Brown, C. J.—1. In an action for waste, a wit
ness shall state facts, and while he may give his
opinion, accompanied by the facta upon which
it is predicated, as to the number of acres from
which the timber has been cut, the. value of the
laud before and after it was cut. the whole num
ber of acres in toe tract, the proportion of tim-
bered land, and toe like; it is error in the court
to permit hjm to give ,in evidence his opinion
that the estate of the remainderman been
damaged'to a certain amount by the acta of the
defendant. It is toe province of the jury to draw
from the facte stated their own conclusion as to
the amount of damage, if any, sustained by the
plaintiff.
2. If the. complainant in: a bill in equity in
tends to waive the answer of the defendant un
der oath, he must so state distinctly. The state-
ment-that he is able to prove the allegations in
his bill, without the answer of the defendant, is
not a compliance with - the Code. ;
3. If complainant waives an answeur nder
oath, the answer filed is not evidence. It may
be used, however, as an admission of record,
and complainant is not bound to prove any fact
admitted. But when so used, the admission
must be taken together with any'qualification or
explanations accompanying it.
4. The Statute of Gloucester was not in force
in Georgia; prior to the adoptionof the Code,
and it was error in the Court to instruct the jury
that they might find a forfeiture of the life-es
tate upon evidence of acta, most, if, not all of
which, were done prior to that date. . The evi
dence upon which the forfeiture was claimed
should have.beqn confined to acta of waste, since
1st January, 1863.
5. The stringent rules of toe English law rela
tive to waste, were applicable to our condition,
and were not embraced in our adopting statute.
It is not always waste in this State, for a tenant-
for-lifejto cut growing timber, or clear lands.
Regard must be had to the conditiou of the
premises ; and the proper question for the jury
to decide under toe instructions of toe Court will
be, did good husbandry require the felling of the
trees, and were the acts such as a judicious, pru
dent owner of the inheritance would have com
mitted. i .
with toe apparent intentiori-of, soliciting and
testing whether I wpuld advance on tho Gover
nor’s private account These facte, in connec
tion with the known extravagance of the Execu
tive Department, I considered more than ample
ground for my aprehensions and departure
without seeing the Governor.
To your second inquiry, ‘ ‘why you did not, as
requested by the Governor, submit your report
to him before sending it to the Legislature,” I
have 6imply to state that the inquiry originated
in the House, the answer involving toe conduct
of the Governor. Under these circumstances I
considered the rules of propriety and respeot
recpiired me first to report to where toe inquiiy
originated. pvat\ jjv .J fKap off
You “further desire to know if the statements
of Governor Bullock contained in the accompa
nying communication to the committee are true?”
His first charge is “conspiring against toe Ex
ecutive." If he means by this, opposition to
toe usurpation of powqr, and unlawful expendi
ture of the funds of the State, his ohaige is well
sustained. The Governor should know that no
one has a right to use a pent of the State's mo
ney except by appropriation, end a . warrant
drawn in conformity with law. If he can uae
thirty-five thousand dollars, he can uae five.hun
dred thousand. Still, he has the arrogance to
Decisions of the Supreme Court of
r ' ” Georgia. ' ' 40 *
DELIVERED AT ATLANTA,. JANUARY 26, 1869.
Frouuthe Atlanta Constitution.!
John W. Henderson, plaintiff in error, vs. Wm.
P. Merrill, defendant in error. Debt from
Henry.
Warner, J.—When an application was made
to toe County Court for the establishment of
certain copy-notes in lieu of the alloged lost
original notes, and the copies were established
by too judgment of the County Court, although
the plea of non est factum had been filed,. and
the defendant being abont to serve out a writ of
certiorari to the Superior Court, for alleged
orroft' committed on tho trial in the Connty
Court, the plaintiff's counsel entered into
a parol argument with the defendant's
counsel, that if he would not sue out a writ of
certiorari in that case, he, toe defendant, should
be allowed to file his plea of non est factum, and
make his defence when suit should bo brought
upon the., established-, note, in the same manner
and to as full an extent as if no issue had ever
been had, or-trial upon the motion to establish
said notes in the County Court. When suit was
instituted upon toe established notes the defen
dant'filed his plea of non est factum according
ip the terms of said argument, and the plaintiff
moved the court to strike out the defendant’s
plea of non est factum on the ground that the
same plea had beenfilled and passed upon in the
Ctomty Court. The defendant offered to prove
toe afosesaid argument, which the court re
jected, : Held,-That the agreement not to certi
orari the suit from the County Court, and for
bearing to do so, was a sufficient consideration,
to 8upport.it, and toe plaintiff having had the
benefit of the agreement, it was a fraud upon
toe defendant not to execute it in good faith, on
his part, and that the Coart erred in not allow
ing the defendant to prove the agreement on
the trial of the case, though not in writing, it
was not merely a consent between the counsel,
bnt an agreement upon sufficient consideration,
executed by one of the parties to it. Good
faith and fair dealing require that the plaintiff
should perform his part .of toe agreement, es
pecially as he has had the benefit of it.
Judgment reverses.
M. Arnold. Peeples & Stewart, for plaintiff in
error.
G. N. Nolan by J. J. Floyd and the Reporter,
for defendant in error.
[ A . 1 -■■faVtinrt ATrmpii To
Jnlins Kaufman, plaintiff in error, vs. Myers. &
. Marcus, defendants in error. Distress war
rant, City Court of Augpsta.
Warner, J.—When a distress warrant for rent.
dne in American gold,coin, was taken out and an
Issue made as to the amount dne in accordnace
with the previsions of the 4012th section of the
Code : Heidi that it was not error for the Court
below to charge the jury in accordance with the
law as determined by this Court in that pirticu-
lar case. 4bsrid
Judgment affirmed.
Hook & Car for plaintiff in error.
Barnes & Cunningham, by Linton Stephens,
for defendant in error. i'.UV J- i/ife L
Judgment reversed.
Samuel P. Campbell, plaintiff in error, vs.
Cynthia Miller, defendant. in - error. From
Henry. .
Brown, C. J.—1. The marriage settlement in
this case was a contract between the parties in
tending marriage, and the trustee, which vested
a life estate in toe $2,000 of notes, in Mrs. Mil
ler, both remainder in her’ children, who are
named, after her death.
2. A trustee in possession of the trust prop
erty, is only bound to ordinary diligence in its
preservation and protection.
3. If the trust property consists of promissory
notes, the trustee may receive payment of the
notes when due, in such currency as a prudent
man would receive for debts due him under
similar circumstances. •> y ■■■; ; . • C
4. A trustee who, in good faith, received Con
federate treasury notes in payment of a note
held in trust, under the act of 18th of April, 1863,
acted under color of law, and is protected by
tho act of 1866. and the Ordinances of the con
ventions of 1865 and 1868, and if he invested
said treasury notes without proper authority; or
lost them by negligence he will only be liable
for their value when received allowing him a
reasonable time to re-invest.
5. A trustee who held a promissory note in
trust prior to the adoption of the Code 1st of
January, 1863; if he acted in good faith had a
right to receive payment in the currency gener
ally received by prudent rnenin the transaction
of their own business,' and to re-invest such cur
rency in the note of a person who was then en
tirely. solvent, and if by the results of'the war
the maker proved insolvent the trustee is not
liable for tho loss.
6. A trustee who received payment of a note
held in trust in the then currency, before the
' adoption of the Code, and after its adoption,
invested it, other than in the stocks, bonds, or
other securities issued by this State, or other
securities authorized by law, and without an
order of the court,': did so at his own risk, and is
liable for the value of the currency received by
him, to be estimated at the time it should have
been re invested, allowing him a reasonable
time after its receipt to obtain the order and re
invest the funds. -.V JsoKi ■ • •
7. If the trustee changes the investment with
the consent of the cestue que trust who is of le
gal age, he is not liable for any loss growing out
of such new investment. ciD -...*••>_»*»•
8. The Court erred in refusing to allow the
trustee to prove that any investment made by
by him, or any change of the investment 'prior
to first of January, 1863 was a prudent invest
ment.
9. Counsel having asked the Court to give hi
charge to the jury in writting, it was his duty
to do so. and he should have read it to toe jury
as \mtten, without any additional vcrbel expla
nations.
10. If counsel in writing request the court to
give certain charges to the jury, such written re
quest must be upon a point applicable to the
facts iu the case, and must not assume that to
have been proven which is not in proof, and
must, as written out .by counsel, be correct law
or the court is not bound to notioe it. If, how
ever, the court thinks proper to give the pc' 11 ]
in charge with, modifications he may do so, ana
such modification need not be in writing, l> at
the whole taken together as given by the court
must be correct.
Judgment reversed.
Curran Battle, plaintiff in error, vs. Lucien
tie, defendant in error—From ‘Warren.
Brown, C. J.—There is nothing in any lawo.
this State, or in any order of the military com
mander, while the State was under military go T *
eminent, which authorizes the Court to pay
money raised at Sheriff’s sale on the first T° es '
day in January, 1808, to the defendant in fi-
while there are judgment creditors claiming **■
Judgment affirmed.
Campbell Wallace, Superintendent Western and
Atlantic Railroad, vs. Mary E. Cannon, de
fendant in error.
[Brown, C. J., having been engaged in this
case, cause did oof preside in the same here.]
Warner, J.—When upon toe trial of an action
against a railroad company instituted by an em
ployee of the oompany to recover damages for
injury done by the negligence of another em-
employee of toe company. undeT the 2057 sec
tion of the Code: Held, that if the company
and the employees of the oompany were volun
tarily engaged in toe transportation of Confed
erate soldiers, or munitions of war, for the pur
pose of making war against toe Government of
the United States, at too time of the alleged in
jury complained of, such transportation of sol
diers or munitions of war for that purpose, was
an illegal act, in violation of the Constitution
A Criminal Joke by Hon. Joshua HiH-
The Augusta Chronicle and Sentinel Is resp 1 ®'
sible for the following: :w lo
It seems that Blodgett had been giving Ja
sons. under oath, to toe Reconstruction C® 31 '
mittee, why Georgia should be put back nadrt
military government; and. among other ttun^ •
said that he was foroed to leave Augusta on tfie
day of the municipal election, else he wowa
have been murdered. 8hortly after this a prom
inent Radical Senator on this committee
Senator HiH, and after relating to h*® **
Blodgett’s testimony, asked him as a Georg*^*
mi3 one acquainted with the state of feeung
his State, if it was true. Mr. Hill replied
“ he believed there was an ordinance in i orc e
Augusta, which directed that at certain P*?
of the year all dogs found iu the street wl ~* 1
a muzzle should be shot; that during a**
months, and only then, would Mr.- B-ouge-
life be in danger in that city.”
and laws of the United States, and, that toe it may be called. The
plaintiff is not entitled to recover.
Upon the trial in the court betaw, tiie xjourt
charged the jutfy in relation to this point in. the
' u .ftyou shall believe from toe evidence
it may be called. ^
Ids majority last year, has V 1 J™ 04 ®?* -pji
000 stg., and is the owner of Urn extensive
of Canfcff, in Wales, aadthatjaeo*
- u „ not a fifth cti itto speud eritirotya* •*»&***£.
state, “no one would go farthar.ttum myself in. ^ this eaae.that too deceased waa volwtomty. ^ jtopa, waabo«E.agre*t^[
sustaining the Treasurer, in any and mere-; m the performance of acta in violation [ tors had; been hsraditary „ fist
ores, which were necessary fog the protection of of the Constitution and jawa of toe United States,!««, «»ntnrt«s. and one of them
the Treasury against fraud, speculation, or on- . when he was killed, and from that cause soieiy,
lawful expenditures, and of this fact the present from the fault or negligence of the said Syivea-
Treasurer has had ample evidence.” tar, (Cannon, ) at the tune he lost his hfe, then
The Govenior knew when he ponned the toe plaintiff is not entitled to recover. If toe
above tore I had made warfare on several of his kffia* resulted solely from toe fault or ne^i-
The Church of Rome has secured a rich co£
vert in toe person of the Marquis oflkrie
most valuable prize it haamade to
many years. He was received
tntuuon of Home at
an
about
English priest, and
ut toe conversion oe
, whic^®*^
five centuries, and one <
minister of the crown.
Wares side of a horse invariably heathen***
hair on? The outside.
MhHh ■HI