About Weekly Georgia telegraph. (Macon [Ga.]) 1858-1869 | View Entire Issue (Feb. 5, 1869)
B«jtf asjn setcan The Greorgia "Weekly Telegraph.. a*#, THE TELEGRAPH. MACON, FRIDAY, FEBRUARY I, I860. in Southwestern Georgia* etc. A gentleman from Southwestern Georgia re ports that lands in that section have greatly ad vanced. A year ago he was offered a six hundred acre place for $C00; but now the owner demands three thousand dollars for it, and can probably get his price. There is great scarcity of hands and every sort of a worker is in demand. The work of fenring and clearing up is pushed on energetically, and our informant said he heard scarcely any other word than “cotton” during his trip. King Com is dethroned, and it is de voutly to be hoped that the old monarch may not make these rebellions subjects turn yellow up himself before he is done with them. The the Relief Constitutionality ot Law. The action of the Supreme Court on the Re lief Law will be found on the fourth page of this issue of the Daily Telegraph, and we know it will be read with a great deal of curiosity. Ev ery man in Georgia will be curious to see how the Supreme Court makes it out that a law which permits a debtor in default to reopen his bar gains, and to plead in offset the subsequent depreciation of values, and insist upon averag ing losses between himself and bis creditors does not impair the “obligations of contracts.” It does not only impair, it destroys them. But for our part, we heartily wish that all legal remedies for creditors were destroyed at once, L e. as to future debts ; and if this be the way we are going to do, we might ju^C as well include past debts also. We hope that credit, except as the result of established char acter merely, bag received a death-blow in Georgia for the nexteentnry. It will be bet ter for the people in the long run. Aflkirs in Havana. A letter from Havana says a plan for peaca is being arranged, and will probably be completed in two or three weeks. Slaves freed by the rev olution will remain free, and persons now in arms will form part of the militia. The people will rate their own taxation, and the Govern ment will have many republican features. Several officers of the Cuban revolutionary army had a reception ot an np-town hotel. They are intending to purchase arms and war muni tions to ship to Cuba immediately. They pro fess to have a large amount of money at their command. They were wisited by many sympa thizers, some of whom subscribed liberally to the liberation of Cuba. Chevalier, a French aeronaut, says he will at tempt to cross the Atlantic in his great balloon, from here, next apriL He declares he is in ear nest, and has fall faith in his success, as have many scientific men in Paris. Affairs iu Arkansas. The following letter—for the truth of which the Columbia Phoenix vouches—will show the terri ble state of affairs existing in Arkansas, under the rule of Governor Clayton's militia. It is from the brother of an old and respectable resi dent of Colombia: Memphis, Jannary 20, I860. You have beard of the conduct of Governor Clayton’s militia in Arkansas. They have laid waste a large portion of the State, and destroyed more property than the federals did during the war. It will take one or two years to restore the county to what it was before they made the raid through it The militia have no respect for persons or property, and have committed sever al rapes in the county in which I live—one at my own house, upon the person of the wife of Mr. Iv.—who was left in my charge. I am afraid to return home, as the militia say they will kill me. I am entirely destitute of money. How to Find Ont What Is Going On in tho South. The Lynchburg Republican asks why the Southern people patronize tho papers of the North, so good to advise what ought to be done, to tbe neglect of good newspapers in the South, from which can be so thoroughly found, what the South is actually doing ? If, says the Re publican, Virginia would learn what spirit of improvement is aroused in some of the South ern States, they will encourago a good cause by reading such papers os the Republican Banner, in Nashville, Avalanche, in Memphis, Constitu tion, in Atlanta, and Telegraph, in Macon. “The Land we Love.”—The February num ber of this justly favorite Southern Magazine has been received. It contains seventeen ar ticles of unusual merit. The leader is from that old hero, Gen. Jubal Early. “Concentrative Immigration” is a powerful article on a most important subject. “Women and the Lives of Women” is an eloquent rebuke of the misrep resentations of the sex, by a Missouri authoress of reputation. Besides this, there are histori cal and biographical sketches, ornithology, fic tion and poetry. The poetry is by Mrs. Down ing,'Mrs. Weiss, (formerly Miss Susan Archer Talley,) and J. Augustine Signaigo. Gov. Bullock.—The Atlanta New Era of yes terday publishes a communication from the Governor addressed to the House Finance Com mittee, upon the matter of his account with the Treasury. We will try to make room for it to morrow. The Governor states that the missing money was paid over to the proprietors of the Opera House. Mr.-Justice Walker is somewhat ponderous in the conclusion of his dissenting opinion on the relief law. It i3 related that a yellow-jacket once lit npon the hand of a son of St Patrick, who surveyed the insect with great curiosity. Presently Mr. Yellow-jacket began to sting lustily. “It’s a queer little burd,” says Pat, “but be jaliers, how hot and heavy his feet is 1” Mobile and Girard Railroad.—The Colum bus Sun says that work on tho lower end of the Mobile and Girard Railroad progresses very slowly-.. We are informed tho grading has been completed to a distance of on& two niilcsJ uuijucicu iu» uuuuum ui uaiy mo DllICS. - _ ' From tho Montgomery papers wo learn that* Drake, of the House. the sale of stock of delinquent subscribers totlir Montgomery and Eufaula Railroad came off Monday morning. Two hundred and sixty-five shares were sold from SO to 50 cents on the dol lar. Tim Savannah, Griffin and North Alabama Railroad.—The Griffin Star learns that the . prospects of this road are indeed very flattering. The committee appointed to see the stockhold ers who have paid in the full amount of their stock, and those also who have paid only a por tion of the amount subscribed, and to ascertain what they are willing to do, have met with un expected success. Union Pacific Railroad.—A correspondent of the Constitution from Council Bluffs, writes. Between 1350 and 1400 miles of the Union Pa cific Bailway are built, and the cars running npon it There is but about 250 miles to be built, to complete tbe connection with San Francisco. Passengers can now go from New York to San Francisco in about ten days—thus saving fifteen days of the ocean and isthmus routes. “Pop Goes (lie WcilscI.” Georgia cotton producers will pocket, as we suppose, a sum total of about thirty-five to forty millions of dollars, proceeds of the cotton crop of 18C8. That is a large sum of money, but it 5s easy enough to see how it may slip through the fingers like the weasel in the song—“That’s the way the money flies, pop goes the weasel.” Some editors are discoursing about a large surplus in the hands of the people of Georgia, and what shall be done with it; but we don’t believe they have got a large surplus, and, wo may go further and confidently assert they will never have it until we have adopted the true and sound economy of producing our own bread and meat. A large income is nothing if it is attended with corresponding outgoes. The Ver mont Fanner's boasted net profits of six per cent on three thousand dollars invested in farm ing, is better. A country which swaps off good cotton lint for Western meat at pound for pound, or there about, is doing a poor business. Every man can see or ought to see, that the Western farm er wrecks the cotton planter on such a trade as that every time. Th'e bacon can he made at half the expense of labor and capital employed in the production of the meat. Now we want to see how this heavy income of thirty-five millions from the cotton crop of Georgia will slip away like the weasel. First, we estimate that about a hundred mill ion pounds of bacon must be bought with the money. Is that too much ? There are twelve hundred thousand people in the State, and this will allow about eighty pounds apiece. We shall consume a great deal more than that, for it is the great staple food of the country—of men, women and children, white and black. We know a good deal will be produced at home; bnt not, as we believe, a tenth part of a supply. We have seen that Macon alone imported, dar ing a fortnight, of this current month, over eight hundred thousand pounds, and at that rate for Macon in two weeks, how long will it take to run up a hundred millions for the whole State of Georgia ? Well, if we have a hundred millions to buy, there is one-half of your cotton money gone at once. One hundred million ponnds of bacon will cost you twenty millions of dollars. But suppose we are far above the mark, and sev enty-five millions will cover demands, then fif teen millions will be needed. If that be too high, with fifty millions of bacon to pay for, ten millions of the cotton money will be required in settlement. Next, there’s the deficiency in com to provide for. What will that be? Georgia consumes annually between forty and fifty millions of bnshels of Indian com. Say forty-five millions, worth, at the lowest calculation, so many dol lars. How much do we fall short of making our own supply? One half? One third? or one quarter? We will take the lowest estimate, and at that we must pay eleven millions two hundred and fifty thousand for com. Com and bacon together will therefore draw twenty-one millions two hundred and fifty thou- sand dollars from our thirty-five millions cotton fund. This still leaves us a balance of $13,750,- 000, and now we will come to mules. Our mule and horse-bill this winter, as nigh as we can guess, will foot up two to three millions of dol lars; but take off the odd $1,750,000 and we shall have twelve millions left, out of which to buy every thing else—carriages, wagons, agri cultural implements, fertilizers, groceries, dry goods, shoes, leather, salt, iron, seed-oats, rye and wheat, and what not. We do not see the surplus, and we come back to the original proposition that it never will be until we prodneo our own food. The man who is out of debt and has raised his own bacon, com and forage—he can talk surplus; bat it is an un known tongue to the planter who has all these primary necessities to supply by purchase. Now, but one report reaches us from the best Georgia cotton regions. The high price of cot ton is directing everybody’s attention from pro visions. Everybody is nerving himself for a grand effort to turn ont every lock of cotton possible, and, in course every one expects to get the top of the present market for every pound produced. In short, the prettiest chance is now opening for one of the grandest financial disap pointments which has been seen in a century. We can imagine a cool, calculating planter shaking his head over the scene. He says to himself, “With a heavy crop of cotton next year, it is pretty clear that prices must go down. If nobody raises com in this region, com must be high; and, should the Western crop be short, there is no telling what the price may be. I have seen it as high as three dollars and twenty-five cents in gold in Macon, and it may be worth five dollars next year in greenbacks. The whole point turns npon a full Western crop; and, after two heavy crops, it would be no more than reasonable to look for a failure. I cannot afford to risk ruin on such a contingency. I will do my best to pro vide an ample supply of com for myself—no matter what my neighbors do. They are risking their temporal salvation on several contingencies: 1. That of a good cotton crop. 2. That of a good price. 3. A heavy Western crop of com. If either of these strings break, they will come to misfortuno, and if they all hold, I believe I shall make more clear money by giving my first atten tion to supply crops.” We think a planter with a clear bead on his shoulders and with judgment unclouded by present cotton prices will certainly talk in this way. Report of tbe Committee on Retrench ment. We were indebted to friend yesterday for a copy of the report of tho Joint Committee of the Georgia Legislature upon Retrenchment. This committee were appointed at the last session, and held their meeting, ad interim, on the 11th of! last November. It consists of Messrs. W. W. Mcrrefi, C. B. Wooten, M. C. Smith, John Harris and A. D. Nunnally, of the Senate, and W. P. Price, Hiram Williams, Ephraim Tweedy, A. H. Lee, W. B. Gray, T. W. Grimes, F. W. Holden, Sam’lMcComb, W. D. Anderson, R. W. Flournoy WASHINGTON CORRESPONDENCE OF THE MACON DAILY TELEGRAPH. the contested election case from the sixth CONGRESSIONAL DISTRICT OF GEORGIA. 'flheir.report is a pamphlet of thirteen pages, which we have time only to glance at. The re port fixes the bonded debt of the State at $5,79(1,500, and the floating debt at that period at $140,000 borrowed of the Fourth National Bank of New York to'defray tho expenses of the called session of the Legislature of 1868. The Committee complains of the expense of the clerical services to the last Legislature, which was $45,882, and they submit a resolu tion declaring that about twice as many clerks were employed as were necessary, and none but the Finance and Judiciary Committees be al lowed clerks. They recommend that pages, guards, assistant doorkeepers and assistant mes sengers, he dispensed with. They declare that the contingent expenses of the two Houses were unusual, extraordinary, and in the highest degree extravagant They say that there are too many employes in tho Executive Depart ment They give an unfavorable report of the Deaf and Dumb Asylum at Cave Spring, and say the property is in bad repair, and tbe committee '•duld not find where the appropriation of $25,- 000 for repairs had been expended, and say the institution is carried on at too great a'cost They complain of the management of the Feni- k> ■ Nearly fifty members of the Missouri House of Representatives are reported to be willing to submit the question of female suffrage to the I Lntiary, and the convicts, and recommend im- vote of the people of Missouri. i ) (portant reforms in that institution. They speak General Grant’s C^dcet.— A Washington ofDr - G* 5 *®’ 8 management of the State telegram says that General Grant has selected f[ Lnnatic Asjlu®, and recommend more liberal has Cabinet, but will only announce such K< oL«PP ro P natloM for repairs and improvements, lections to those fortunate individuals, when ! ’ - J ' - s P ea ' c also\ery kindly of the Acadamy of he ahull have been officially notified of his dec-) *he Blind, and Mr. Principal Williams, and-see tion,which will be early in February. I very prudent management in that quarter. Washington, January 25, 1869. I am indebted to the courtesy of the Wash ington correspondent of the Savannah Repub lican for tho following statement, relative to tbe contested election case from tbe Sixth Congres sional District of Georgia: One of the most remarkable cases of un warranted assumption of power is brought to light by the contested election case from the SixthDistrict of Georgia, betweenMcssrs. Chris ty and Wimpy. At the election held in Georgia in April last, in pursuance of an ordinance passed by the Con vention authorized by tho Reconstruction Acts, J. H. Christy was elected to Congress from the Sixth District—was so proclaimed by Gen eral Meade, and received from the commanding General of the Third Military District, precise ly such certificate of election as was issued by him to the other members from Georgia, and under which they were received and sworn in, after their political disabilities had been re moved. Mr. Christy failed to reach Washington before the adjournment of Congress, which oc curred a few days after the passage of the Con stitutional Amendment by the Legislature of Georgia. In November last he was notified in Atlanta by Gov. Bullock, that Mr. John A. Wimpy had applied for a commission as a member of Con gress from the Sixth District, on the alleged ground of Christy's ineligibility—tbe allegation of ineligibility having been predicted upon the averment that Christy had been appointed many years ago (in 1850) by the United States Marshal for Georgia to tako the census returns of Cliirke county. He at once procured the certificate of John Calvin Johnson, Esq., (then, and now Clerk of tho Superior Court of that county) to tho effect that he had, in 1850, asked his opinion as to the necessity of taking an oath to support the Constitution, etc., and that he, the said Johnson, had advised him that it was not neces sary, and that no such oath was taken. After his arrival in Washington, about the first of December, Mr. Christy was greatly sur prised to learn from Governor Bullock himself, that, notwithstanding tho above certificate had been filed in the Executive office in Atlanta, he bad issued a so-called commission to Wimpy! This commission so-called, was presented in the House as soon as it met; also the certificate of election which Gen. Meade had issued to Chris ty. Both papers were referred to the Commit tee of Elections. The contestants were sum moned two or three times before that Commit tee, and stated the facts and argued the case before it. The committee decided as a matter of course, (for they could not do otherwise) that Wimpy was not elected, and Christy was, but that having given revolutionary aid to the re bellion he could not take his seat until his dis abilities were removed, and recommended that the matter be referred to tbe Committee on Reconstruction. This is a brief history of tbe case, its present status, etc. The object in referring to it is to call attention to the extraordinary conduct of Gov. Bullock in regard to this matter. It will be recollected that the election was held in accordance with an ordinance of the Conven tion by General Meade, the Commander of tho Military District at that time, who was author ized not only to hold the election, bnt to appoint the time and place when it should be held, issue certificates of election, etc., all of which he did. It will he remembered that Gov. Bullock himself was elected the same day and under tho same restrictions attending the election of other offi cers. Now what authority had he to commission Wimpy? And why did he not commission Clift, Tift, Edwards, Gove, Prince and Young also ? Did the ordinance of the Convention au thorize the act ? It will not be pretended that it did! From whence, then, did he derive this authority? From the laws of the State? Ob, no! Tho election was not held nnder tho Civil Code of Georgia, and even if it had been, be did not issue that so-called “commission” in accordance therewith. Let us see. By an ordinance adopted by the Constitutional Convention of 1868, “Irwin’s Code” was legalized as the statute laws of Georgia. Now, see title “Elections” in that Codo, and it will be found that it is made the duty of the Governor to issue a proclamation twenty days after an election for Congress has been held and announce the name of tbe mem bers elect. If thirty days thereafter any mem ber shall have failed to apply for a commission, that district shall be declared vacant and a new election ordered, so that, to be legal, a commis sion must issue within thirty days after the pro clamation, or fifty days after the election. These are the plain provisions of the Code. Did Gov. Bullock comply with them ? He could not have done so, even if tho election had been held under State authority. It occurred on the 20th of April, and he was not sworn in until the 4th of July, and then only as Provisional Gov ernor. The so-called “commission” is dated the 24th of November, seven months after the elec tion, when, to have been legal, it should have been issued within fifty days thereafter. The miserable pretext that the commission was issued because of the ineligibility of Mr. 0. is too flimsy to deceive any one. Who set up Gov. Bullock as the judge of the qualification of members of Congress ? All that he would have been authorized to do, even had the election been held under his authority, would have been simply to certify who had received tho largest number of votes. Here his duty ended. By the Constitution of the "United States it is declared, “ Each house shall be the judge of the election, return and qualification of its own members.” This assumption of power on tho part of Governor Bullock, has aroused the indignation of every honest man conversant with the facts. Jit bears on Jts face the foul badge of fraud—a fraud designed to “palsy’Ch6 will of thfc ttjfisti- tuent" and t?eny to the lo^al people of the Sixth District the sacred right of representation. If any man in official position has been guilty io- cently, of “crimes and misdemeanors” of a higher grade, we have not heard of the case. Washington, January 27, 1869. About two o’clock, yesterday, a committee, composed of Senators and Representatives of the State of Maryland, accompanied by B. P. Merrick, of this city, called upon President Johnson for tho purpose of presenting a peti tion in behalf of Dr. Mudd, one of the so-called conspiracy prisoners, now confined at the Dry Tortugas. Mr. Stone, of Maryland, presented the paper. Ho called the President's attention especially to tho statement contained in the pa per that there was a disagreement of opinion between the Justices of the Supreme Court of tho United States and that of Judge Boynton, of the District Court of Florida, and also invited attention to the statement that Congress had, by the law of March, 1868, deprived persons ac cused of all right of appeal to the Supreme Court in habeas corpus cases. He argued that this case was onh in which the Executive Bhould interfere, as under the law re ferred to, a party nnder punishment for alleged crime is virtually without means of obtaining relief. The President, after hearing Mr. Stone, took the papers and said he would duly consider them. The snbject had already caused him much seri ous thought Mr. Merrick proposed to address Mr. Johnson on the subject; hut the latter re plied that he had no objection to hear an argu ment on the subject, but that he had thoroughly examined the subject and had almost made up bia mind as to what he should do in the premises, adding that it was only a question of time. Mr. Merrick then proposed to state a fact of the gravest importance, which the military com mission had failed altogether to discover. The President intimated his willingness to hear it. Mr. Merrick said that at the trial before the Military Commission the Judge Advocate ex amined Evsrton J. Conger, who was beside Booth at the time of his death. This witness identified a knife, a pair of pistols, a file, a pocket compos, a spur, a pipe, and various other insignificant articles, as having been npon tbe person of Booth at tbe time of his death, and tho court was left to infer that the articles iden tified were all the articles found and taken from the dead man’s person. It was the duty of the prosecution to have produced and proved them all; and the court and the country supposed that all of them had been produced and proved. This, in his judgment, was sufficient to cast a doubt upon the regularity of the sentence, and he thought that it was a case demanding inves tigation by the Executive. Months after the trial it became known that the Judge Advocate was in possession of a diaiy which had been kept by Booth, and was taken from him at the time of his death. Public opin ion finally forced this diary to be brought from its place of concealment, and it was offered by the Government on the trial of Surratt This paper fully acquits Dr. Mudd of any complicity in the assassination plot Mr. Merrick read portions of the diary to the President and said he based this application for pardon on the ground that tho tribunal that tried Mndd were cheated and defrauded of this evidence, which, if before them,would have secured his acquittal; and further, that he (tho President) was cheated and defrauded into on approval of his sentence by those bad and malicious men. It was, he said, now before the President and he claimed that by all the rules that govern the exercise of Executive clemency Mudd was entitled to a pardon, for he was suffering under a judgment obtained by fraud. After some further con versation the committee withdrew, feeling very well satisfied that their petition will be granted. The proceedings of the House of Representa tives yesterday were much more amusing than dignified. Washbume, of Illinois—who hopes to win place and power under the administration of Gen. Grant, by killing off all appropriation bills—together with fifteen other members, were making efforts to proceed with the business on the Speaker’s table; while, atthe same time, Mr. Lynch was equally determined to call up his bill to provide for the gradual resumption of specie payments, and in this he was backed by one hun dred and ten members. Washbume and his fol lowers tried every stylo of fillibustering known to the older members, but were totally routed, and when, at a later hour in the day, they renewed their attack, they were equally unsuccessful Tho economical reductions of this would-be econ omist are not popular with a majority of the Representatives, and they amused themselves by heading him off. Washbume, relying on the prestige which he derives from his intimacy with the President elect, has for some time past been making efforts to assume tbe leadership of the House; but such men as Butler, Bingham and Boutwell will not allow this, and it is thought that the action of a majority of the members yes terday virtually crushes all the ambitious aspira tions of the Illinois member. It is reported here that the Reconstruction Committee are about to present an indictment against General Meade, on the ground that he is defeating the object of certain provisions in the Reconstruction Acts, by tuning over to the civil authorities in his department, prisoners who have been tried and sentenced by courts martial to imprisonment in Fort Pulaski and elsewhere. It is alleged that some of these prisoners are colored defenders of their coun try’s honor, who have been committed for as saults for which they were leniently dealt with, and their friends in Congress fear that, should they be tried again by tbe civil courts and juries, they will be treated to their just deserts. Take care of yourself, General Meade. During tho war a report reached this city to tbe effect that Albert Pike, the soldier poet of the South, was dead. Some of his friends as sembled together on the night of the day That they received the report and went through all the performances of a mock “wake,’’the deceased body being constructively present. On Thurs day night next the same party are to meet at the same festive board to greet him in the flesh. The House Committee on Elections held a meeting yesterday morning and hoard the con cluding arguments in the Louisiana contested election case for the seat of CoL Mann, deceased. Menard, the negro claimant, first spoko in be half of his claim, and was followed by coun sel in favor of the claim of Col Hunt. The committee will probably submit their report to the House at an early day, and most likely rule out the negro claimant and his white contestant The Senate yesterday, passed a resolution providing for a Joint Committee of three Sen ators and five Representatives to sit during the recess of Congress for the purpose of consider ing the whole subject of reorganizing the civil service. Secretary Seward ho3 written a letter to the Senate Committee on Appropriations, in which he shows that it will be absurd and ridiculous to adopt General Butler’s amendment to the Con sular and Diplomatic Appropriation hill, consol idating the South American missions. He has also called the attention of Senator Sumner, Chairman of tho Senate Committee on Foreign Affairs, to the matter, urging him to have the amendment struck out and allow the mission to remain as it is. Tho grand lobby of the Pacifio Railroad in terest was completely routed in the Senate to-day by a vote of 82 to 26 in favor of taking up the Funding billfor consideration, to the exclusion of the Railroad bill. Two millions of the people’s jnouoy is t)ms, for the present atdeast, rescued from the grasp rtf these sharpers. Mr. Wilson, in behalf of jifteen lunatics, who sign themselveS “citizens'of Ohio,” presented to tho Senate tUs morning a petition asking for a repeal of tho act granting a charter to the Ma sonic Hall Association in the District of Colum bia. The aforesaid lunatics inform the honorable Senators that they believe all secret associations are dangerous to a Republican form of govern ment; thatMasonicsocietieshaveforalougtime directed their efforts toward the support of slavory and the inception of rebellion, etc. The question arises, have they a lunatic asy lum in Ohio; and, if so, why are these fifteen petitioners allowed to interrupt the legitimate business of the National Legislature ? A petition, bearing the signature of one thou sand five hundred women, was presented to the Senate this morning, asking for the privilege of voting in the District, with other privileges en joyed by the colored population. It would not be surprising should Congress, by way of testing the question, as in the case of negro suffrage, allow women to vote in this District, in which case, it is estimated that the population of this city would increase an hundred fold! Let them >me; we can stand them. Who is afraid? ' Kentuck. The Rome Courier learns that Governor Bul lock has pardoned CoL J. J. Morrison, who was indicted in Polk county, in 1865, for killing Mr. Chisolm, in Cedartown, on election day. Lent.—Ash-Weanesday, the first day of Lent, falls this year on the 10th of Febn&ry. Decision oftbe Supreme Court.Affirm ing the Constitutionality of the Re lief Law. DELIVERED IN ATLANTA, JANUARY 25, 1869. From the Constitution.'} Cutis and Johnson and James Stewart, plain tiffs in error, vs. N. A. Hardee, defendant in error. From Sumter. Brown, C. J.—1. While the Courts have the power, and it is their duty, when a proper case is made, to declare acts of the Legislature un constitutional and void, such acts are always presumed to be constitutional, and tbe authori ty of the State to declare them void shpuld be exercised with great caution, and never resorted to hut in dear and urgent cases. 2. That provision of the Constitution of the United States which denies to a State the right to pass any law impairing the obligation of con tracts, does not interfere with the right of a State tc pass laws acting upon the remedy. 3. There is a plain distinction between the obligation of a contract and the remedy for its enforcement, and while the Legislature may not impair the obligation of the contract, it has tho undoubted right to change, modify or vary the nature and extent of the remedy, provided a substantive remedy is always left to the creditor; so long as the State does not deny to her Courts jurisdiction of contracts, and to prescribe such rules of procedure and of evidence, as may, in its wisdom, seem best suited to advance the ad ministration of justice in the Courts. 4. That part of the act of the Legislature passed at its late session entitled * ‘an Act for the relief of debtors, and to authorize the adjust ment of debts upon principles of Equity,” which provides for a change of the rules of evidence (under which this cose originated) is not uncon stitutional, though it may permit evidence to go to the jury which hasnot heretofore been allow ed, and which the Courts may consider irrele vant aud improper. It is the province of the Legislature to presoribe the rules of evidence ana of the Courts to administer them. 5. It is no objection to the Constitutionality of this act, that it authorizes the jury to reduce the amount of the debt sued for, according to the equities of the case; as this is done every day in Court, in case of partial failure of con sideration, and the like. This must be done,j however, Recording toh|j|m|ta^|||ffiM tween the eral Constitution, which declares that“no State j GEORGIA LEGISLATURE, shall pass any law impaling the obligations of l /wu* Atlanta InUUigan^r.T, contracts, and not entertaining the least do^bt that the act of 186S, according to the decisions of the Supreme Court of the united! States, is a palpable violation of that instrument, I am un willing to embalm myself in my own infamy up on the records of this court as a debauched Ju dicial officer; in holding that act to be constitu tional, therefore I dissent from the judgment of the court. Supreme Court of Georgia. From the A tiantu Intelligencer.} Tuesday, January 26, 1869. The following judgments were this day ren dered : Woodward, plaintiff in error, vs. Gates, 11. al. —Equity, from Meriwether. Judgment of the court below reversed and a new trial granted, and the court below directed to conform to the following legal instructions on the trial: ]. In an action for waste a witness shall slate facts, and while he may give his opinion, accom panied by the facts npon which it is predicated, as to the number of acres from which the timber has been cut, the value of he land before and after it was cutf tho whole number of acres iu the tract, the proportioned in timbered land, and the like, it is error in the court to permit him to give in evidence his opinion that the estate of the remainderman has been damaged a certain amount by the acts cf the defendant It is the province of the jnxy to draw, from the facts 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 answer nnder oath, the answer filed is Hot 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 explanation accompanying it. 4. The Statute of Gloucester was not of force in Georgia prior to the adoption of the Code, and it was error in the court to instruct the jury cording to the real equities be-j that they might find a forfeiture of the life estate parties and not according to the J upon evidence of acts, most, if not all, of which caprice of the jury, audwhensodone, it neither impairs the obligation of the contract nor works injustice to the parties litigant. 6. If this should be siezed upon by the jury, and used as a pretext for reducing the debt, other than the equities between the parties per mit, it will be the duty of the Court to set aside the verdict when that fact is made plainly to appear. 7. In this case the obligation of the contract was notin any degree impaired by the filing of the pleas by the defendant, to which objection was made, as a foundation for tbe introduction of evidence under the statute, aud the evidence should have been received, and if the jury made an improper use of it, or found contrary to law and evidence, it would then have been time enough for the Court to interfere and set aside the verdict. 8. "When the statute authorizes certain facts to be given in evidence, a demurrer to a plea which lays the foundation for such evidence, should not be sustained. The old rules of pleading in such case must yield to the statute. Judgment reversed. McCay, J.—It is not to be presumed that the Legislature intends to violate the Constitution of the United States, and when words are used in an act, they ought to be construed, if possible, so as to make tho act consistent with that Con stitution. 2. The consideration of a contract, andwhether there has been a tender of the whole, or any part of a debt sued on, and if the debt was not paid, that it was the creditor’s fault, are not only in all cases fit matters for proof, but are often of great importance in arriving at proper conclusions as to the true rights of the parties in the matters before the Court. Nor can such evidence, in any proper use of it at all, tend to impair the obligation of the contract sued on. 3. If the property upon which the credit was given in contract has been lost or rendered worthless, it is competent for the Legislature to permit the defendant, when the contract is sued upon, to show by whose fault that property was lost or destroyed, and the value of it at the time of the contract aud at the time of the loss. 4. That claim of tho Act of tbe Legislature under discussion, which authorizes the jury in suite: upon certain coutraots; to notice the tlebc sued upon, according to the equities of tbe case, was not intended to permit them to impair the obligation of the contract of the parties. The equity and justice there meant is, that fair and honest duty which each owes to the other under the contract to be gathered from the whole transaction, as it actually occurred between them, aud from the acts creating legal or equitable of legations which have happened between them since the date of the contract. 5. The obligation of a contract cannot be im paired by tho Legislature of a State, under the guise of changing the rules of evidence, or al tering the mode of proceedure. Nor can the Legislature authorize a court or a jury so to ad judicate between the parties to a contract as to alter or impair its obligation, as it was in fact entered into. 6. Consistenly with these principles a State Legislature may alter the rules of evidence, and change the mode of proceeding in the State Courts. Nor is it the province of this Court to declare an act of the Legislature void because it permits the introduction of evidence which, in the opinion of the court, may be irrelevant to the issue, and calculated to distract, or mis lead the minds of the jury. 7. The act of the Legislature in 1S6S, so far as it allows the defendant in all suits upon the contracts dated before the first of June, 1865, to give in evidence the consideration of the debt sued on, whether any tender has been made, and if the debt was not paid, whose fault it was, wbat property the credit was given upon, and if that property has been lost, whose fault it was, and so for as it authorizes the jury in such cases, to reduce the debt sued on, according to the principles of equity, is not, if construed accord ing, the well established rules for tho construc tion of statutes in violation of that clause of the Constitution of the United States which prohibits any State from passing a law imparing the obli gation of contracts. 8. Should any Court of this State give to the act in question in any case tried before it, such a construction as would impair the obligation of the contract under investigation, this Court, in a proper case made, will correct the error. 9. A plea filed setting up any facts which, by express enactment of the Legislature, are per mitted to be given in evidence is not demurra ble. Warner, J., Dissenting.—This was an action brought by the plaintiff against the defendants on a promissory note for the sum of fifty-two hundred and twenty-nine dollars, dated Jannary 22, 1861, and due forty-five days after date. The defendant, Stewart, filed a plea, setting up by the way of defense to the note, certain facts, as provided by the provisions of the first section of tho act of 4868, “for the relief of debtors, and to authorize the adjustment of debts npon principles of equity.” The plaintiff demurred to the defendant's ploa, and the Court •below sustained the demurrer and tho defend ant excepted. Tho decision of this question necessarily in volves the constitutionality of the act of 1868. The first section of that act provides, “That in all suits which shall be brought for the recovery of debts, in any of the Courts of this State, or upon contracts for the payment of money made E rior to the 1st of June, 1865, (except for the ire or sale of slaves,) it shall be lawful for the parties in all such cases, to give in evidence be- fore the jury impannelled to try the same, the consideration of the debt or contract whioh may be the subject of the suit, the amount and value of the property owned by the defendant, at the time the debt was contracted or the contract entered into, to show upon the faith of what property credit was given to him, and what ten der or tenders of payment he made to the cred itor at any time, and that the non-payment of of the debt or debts was owing to the refusal of the creditor to receive the money tendered or offered to be tendered, the destruction or loss of the property npon the faith of which the cred it was given and how, and in what manner the property was destroyed or lost and by whose default, and in all such cases the juries whioh try the same shall have power to reduce the amount of the debt or debts sued for according to the equities of each case, and render such verdicts as to them shall appear just and equit able.” This act of the Legislature, in my judg ment, necessarily impairs the obligation of the contract as it existed under the law at the time the contract was made, and it makes na differ ence whether that result is produced under the name of a remedy or under the pretext of regu lating the admissibility of evidenoe. Is the contract and the obligation to perform it as val uable now, nnder tbe provisions of the act of 1898, as it was under the law applicable to the contract at the time it was made ? This is the practical question to be answered. In view of the obligation imposed npon me to support and maintain the integrity of the Fed- were done prior to that date. The evidence npon which the forfeiture was daimed should have been confined to acts of waste since 1st January, 1863. 5. The stringent rules of the English law rel ative to waste were not applicable to our condi tion, and were not embraced in onr adopting statute. It is not always waste in our State for a tenant for life to cut growing timber, or clear lands. Regard must be had to the condition of the premises; and the proper' question for the jury to decide, under the instruction of the court, will be—did good husbandry require the felling of tho trees, and were the acts such as a judicious, prudent owner of the inheritance would have committed ? Campbell, plaintiff in error vs. Miller—Equity from Henry. Judgment reversed, on the ground that the court erred in various rulings on the trial; and that a new trial be granted under the following instructions: 1. The marriage settlement in this case was a contract between the parties, intending marriage and the trustee, which vested a life estate in the $2000 of notes, in Mrs. Miller, with remainder in her children, who are named after her death. 2. A trustee in possession of .'he trust proper ty is only bound to ordinary diligence in its preservation and protection. 3. If the trust property consist 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 sim ilar circumstances. 4 A trustee who, in £ood faith, received Confederate Treasury notes in payment of a note held in trust, under the act of 18th April, 1863, acted under color of law, and is protected by the act of 1866, and the ordinances of tho conventions of 1865 and 1863; and if he invest ed 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 reinvest. 5. A trustee who held a promissory note in trust prior to the adoption of the Code, 1st Jan uary, 1863, if he acted in good faith, had a right to receive payment in the currency generally received by prudent men in the transaction of their own business, .and to 1 reinvest 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 i not liable for the 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, in vested in it; other than in ths stocks, bonds, or other securities issued by liis State, or other securities authorized by law, And without an or der of court, did so at his owe risk, and is liable for the value of the currency received by him, to be estimated at the time wlen it should have been re-invested; allowing lim a reasonable time after its receipt, to obtain the order and re-invest the fund. 7. If the trustee changes thq investment with the consent of the cestue que trust who is of le gal age, he is not liable for any loss growing ont of such now investment. 8. The court erred in refining to allow the trustee to prove that any investment made by him. or any change of the investment prior to 1st January’ 1863 was a prudent investment 9. Counsel having asked the court to give his charge to the jury in writing, it was his duty to do so, and he should have reid it to the jury as written without any additions or verbal ex planations. 10. If counsel, in writing, request the Court to give certain charges to the jury, such written request must be upon a point applicable to the facts in the case, and must not a&nme that to have been proven which is not in proof, aud must, as written ont by counsel, be correct law, or the Court is not bound to notice it. If, how ever, the Court thinks proper to give the point in charge with modifications, he may do so, and such modifications need not be in writing, but tiie whole taken together as given by the Court, must be correct. Battle vs. Battle—Rule against Sheriff from Warren—Judgment affirmed. Kimbrough vs. Worrill—Complaint from Sum ter. Judgment reversed, on the ground that the court erred in holding that the consideration of the debt sued on was a slave or slaves. Russell, plaintiff in error, vs. Slaton—Equity from Fayette. Judgment affirmed. Harper and Ammons vs. Lemon, Executor, etc. Complaint from Fayette. Judgment re versed on the ground that the court erred in holding that his charge to the jury was incorrect, as to the extent of the authority, granted by the permission to let tho daughter have whatever she wanted. McKibbon vs. Folds -Dower from Butts.— Judgment reversed on the ground that the court eixea in charging the jury that they ought not to consider the value of the improvements on the dower land, outside of the dwelling, and its curtilage, unless they were of considerable value, such as a two-story house, etc. Dunnegan vs. Dnnnegan, et al—Assumpsit from Hall. Judgment affirmed. Wallace, Superintendent, etc., plaintiff in er ror, vs. Cannon—Case from Fulton. Judgment reversed on the ground that the court below erred in not allowing the defendant to prove the agreement between tbe counsel of tbe parties in relation to the certiorari of the case from the County Court, as sot forth in the record. Henderson, plaintiff in error, vs. Merrett— Debt, from Henry.—Judgment reversed on the ground that the Court below erred in its charge to the jury in view of the facts contained in the record in relation to the illegal acts of the par ties. It being the opinion and the judgment of this court, that the court below should have charged the jury, that if they believed from the evidence, that at the time Cannon was killed by the collision of the railroad trains, that the rail road company and the employees of that com pany (including Cannon as well as the other employees whose negligence caused the injury) were voluntarily engaged in the transportation of Confederate soldiers over the road for the purpose of making wat upon the Government of the United States, than the plaintiff is not en titled to recover. Kaufman, plaintiff in error, vs. Myers and Marcus—Distress warrant, from tho City Court of Augusta. Judgment affirmed. • V. •>'. !: .i Failures in 1868.—The failures during 1868, in five of the principal cities of the United States, are reported to amount to 482, distrib uted as follows: New Yo&, 295; Philadelphia, 63; Boston, 59; Baltimore 37, and Chicago, 28. The number of large failures during the last twu months of 1868 excetded by 50 per cent, the number during the samt period in the crisis of 1857. __ Young Sears, the richest boy in America, who has been attending school at Sooth Williams- town, was, it is said, killed on Saturday while coasting, having slid against a rock, by which his brains were dashed out. UBkK Senate.—The Senate was called to om the President. Prayer by Rev. Mr. Hin^^ The roll being called, and there being 'T' rum present, the Secretary read the ion' 1 ' 10 " which was approved. 1 rria i Mr. Winn moved a reconsideration 0 f n action of the Senate, relative tc the State’ ' doreement of the bonds of the Macon and itl 55 ' wick Railroad. Laid on the table. REPORT OF OOMMTrrtE. Mr. Harris—The Finance Committee re that they think no additional legislation f or cational purposes necessary. ■ ^ PETITIONS. Mr. Graham—Praying relief for N. Sm»' Tax Collector of Pierce county. Referred f' Committee on Petitions. REPORT JOINT STANDING OOlDtTTTEP To investigate claims in the hands of J ^ Penfield, agent Hartford Rifle Company, rervf after mature investigation they believe tile just and would be held so by the courts • «,.!? fore bo it ’ rt ’ Resolved, That a committee be appointed., draw warrant on the Treasurer for its Mr. Holcomb—That 100 copies be pub’liS and made special business for Monday. p a ^' RESOLUTION. Mr. Speer—That the Secretary furnish e r i- member with five dollars worth stationery oil account be kept of ifc. Laid on tho table 3 _ Mr. Merrell, from the committee ouJui;^ reported a bill to be entitled an act to authorize jurors to be drawn for the Jannary term of & Superior Court of Chatham county, and foroth/- Supreme Courts, and city courts which mavj without jurors, draw according to law. Passed SUSPENSION OF RULES. U ' Mr. Holcombe—Whereas, the Senate has in formation that Governor Easley, present Gore nor of South Carolina ia present, be it resolved that a seat be tendered him on this floor. Passed HOUSE BILL READ SECOND TIME. Mr. Smith—A bill to repeal an act entitled a* act, to repeal the sixth section of the charter of the Atlanta Medical College assented to on the 14th day of December, 1868, aud to define aorj freely the powers of the Board of Trustees of said College, aad' to enlarge said Board. Mr. Speer—That it be referred to three phi. sycians. Passed. The committee appointed were Messrs. Smith Moore, aud Hicks. RESOLUTIONS. Mr. Wooten—That tbe Committee on Genets! Education inquire as to the rates of tuition a; the State University. Passed. Mr. Candler—That the Secretary of tho Sen. ate be directed to furnish to the State Treasurer! certified copy of the report of the JEnrollinc Committee, as adopted by the . Senate anthorif. ing the employment of additional clerk;. Adopted. .. ', Mr. Fain—That tho Finance Committee Is instructed to inquire and report to the Smts the number of copies of the Public Laws passaj by the last session of the General Assembly, and ordered by a joint resolution of tho Legil lsture for distribution to the civil officers of is.- State, and the amount paid per copy, and tit total amount for the same. Adopted. Mr. Hungerford—In certain countios, per® are driven from their homes, and property de stroyed, on account of their politics. Resolved, That the Senate furnish them pro tection. Laid on the table.,- Afr. Lester—Whereas, it appears from th* statement of the Senator from the 17th district, that Columbia county has declared war agairst the United States of America; and, whereas, it is probable that the said county will overwhelc the whole force and power of the Government of the United States; be it Resolved, That the sympathies of the people of Georgia are due, and they are hereby ten dered to the United States, in this time of severe trial. Announced out of order. Senate adjourned. House.—The House met pursuant to adjourn ment, at 10, a. it. Prayer by the Rev. Mr. Crumley.' • . . . , Journal read and confirmed. Mr. McDougald moved to reconsider the bill lost yesterday, remitting- the taxes of Stevrart county for 1869, for the purpose of building a j ail. Reconsidered, and motion to suspend rules was lost. Mr. Lane moved to reconsider his resolution lost yesterday. Motion to reconsnlf‘*i>T.w*M. Mr. Madden offered as a substitute, a resolu tion appointing a committee of four from the House and two from the Senate, to proceed to Washington City and confer with Congress with a view to reseating the negroes in the Legisla ture. Whele matter referred to tte Committee on the State of the Republic. Mr. Price—A resolution, tendering the Hoa. Mr. Easley, of South Carolina, a seat in the House during his stay in the city. Adopted. bills on first reading. Mr. Lane—A bill facilitating tho settlement of copartnerships in case of death. Mr. McCombs—A bill amendiflg the act im posing a tax of one hundred dollars on circuses inserting twenty-five dollars; Also, A bill for the relief' of J. Rosenfield aud brother. Mr. Felder—A bill for the relief of A. J. Bart- ston. . Mr. Hillyer—A bill allowing John Sheffield, a disabled soldier, to peddle without license in the county of Camden. Mr. Smith, of Coffee—A bill allowing -Win. J- Wilcox to peddle without license iu the countj of Coffee. ■ \ ' Mr. Phillipps-r-A bill carrying into effect the 3d section, of the 14th article of tho Constitu tion. Mr. Carpenter, of Hancock—A bill incorpo rating the Savannah Bank & Trust Company, Mr. Brewster—A bill amending the. act incor porating the town of West Point. Mr. Maxwell—A bill changing the lines be tween tho counties of Butts and Henfly. Mr. Bennett—A bill legalizing all the acts of James T. Harrison, Deputy Clerk of Jack- - county. Mr. Hall, of Meriwether—A bill for the relief of certain maimed soldiers. On motion of Mr. Lee, a message from the Governor, embodying the report of the Western & Atlantic Railroad, was taken np and read. Mr. Hook— A bill for the benefit of physi cians, and for other purposes. Mr. Grimes—A bill changing the time for holding Superior Court in Muscogee county; also, a bill in reference to the custody of traS money. .: .ui.il Uroa on? - Mr. Cunningham—A hill repealing section 256 of Irwin’s Code; also, a biU repealing sec tion 1SG7 of Irwin’s Code. . Mr. Darnell—A bill authorizing the Tas Co - lector of Pickens county to receive jury certifi cates in payment of taxes. • Mr. Felder—A bill requiring owners of stoc* to prevent their running at large. . Mr. Erwin—A bill amending the act providing for the setting apart of realty and homestead- Mr. Warren—A bill extending amnesty to guilty of crime prior to June 1st, 1865. Mr. Cobb, of Sumter—A bill incorporating the Athens Mutual Loan Association; also.* bill amending the charter of the town of Amcf' CM. Mr. Surrency—A bill compelliing the Ordina ry of Tattnall county to keep his office in Be* 1 *' ville. Mr. Johnson—A bill requiring agents to' Foreign Insurance Companies to take ont •: license before commencing business. Mr. McCullough, Chairman of the Commithc on Counties and County Lines, made a report recommending the passage of several hills. Mr. Phillips—A resolution requesting Mr. G. W. Howard to address the Legislature on Thurs day next, on the subject of agriculture. Rules suspended and resolution adopted. . ; BILLS ON THIRD BEADING. A bill amending the act incorporating ihe town of Jonesboro. Passed. A bill defining the boundary line between the counties of Clay and Rahdolph. Passed. A bill changing the line between the counties of Erwin and Wilcox. Passed. A bill changing the lines between the coimtie 4 of Glasscock and. Washington. Mr. Flournoy opposed the passage of this hi” in quite an impassioned speech. BiU indefinitely postponed. Mr. Price re-introduced a resolution appoint ing a committee of three to investigate charges of lawlessness in the counties of Taliaferro a®- Warren, and to report why the civil authorities have not brought the offenders to justice. He read an extract from the New York Tribune showing that Mr. Greeley believed accounts oi Southern barbarism exaggerated. Mr. Soott, of Floyd, offered a substitute that the Committee on the State of the Republic, he instructed to investigate these charges of law lessness, with power to send for persons aau papers, and to report the result of their in vestigations to this House, at the earliest da) practicable. , The yeas and nays were called oh the adoption of the substitute. Yeas, 49; nays, 82. Both Messrs. Scott, of Floyd, and Flournoy, of Washington, made able speeches opposing the resolution. House adjourned. wttititiBfltfllHi
