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LISBY & REID, Proprietors.
The Family Journal.—News—Politics—Literature—Agriculture-—Domestic Affairs.
GEORGIA TELEGRAPH BUILDING
iSTABLISHED 1826.}
MACON, FRIDAY, FEBRUARY 12, 1869.
VOL. XLIII.-NO. 13.
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GEORGIA LEGISLATURE.
S, I860.
gjmt—The following is the Constitution’s
ecorJ of the Senate’s action upon the Eligibili-
c Resolution:
The resolution of Air. Price referring the
nestion of the eligibility of colored persons to
jd office to the Supreme Court, adopted by
, 4 g 0 nge and transmitted to the Senate, was,
amotion, taken up.
The amendment of Mr. Speer was put on its
•sage.
Hr. Smith (36th) called for a division of the
sentiment.
The first resolution, pledging the members of
nth branches of the General Assembly to abide
je decision of the Supreme Court.
The yeas and nays were called for, and the
Rowing is the vote:
Yeas —Adkins, Brock, Colman, Corbitt,
ickey, Harris, Hungcrford, Jones, Richard-
a. Sherman, Speer, Stringer, Welch—13.
Y»rs—Bums, Candler, Fain, Graham, Grif-
i («th) Griffin, (21st) Hicks, Hinton, Lester,
[errell, McCntchen, Moore, McWhorter, Nun-
dr, Smith, (7tii) Smith, (S6th) Welbom, Winn
jdWooten—19.
Ibe second resolution providing that each
jtmber of the General Assembly, officers and
Irdi. be required to answer under oath, whether
Itj ever held office prior to the war under the
tit«d States Government; during the war urn
krthe Confederate Government; whether they
«rred in the Confederate army, or made dona-
ions to the Confederate Government, was taken
The yeas and nays were demanded. The vote
nethe same as the vote on the first resolution.
u*pt that Mr. Richardson voted nay, making
he Tote stand yeas 12, nays 20.
Re motion then being to concur with the
Souse resolution referring the eligibility of coi
ned men to hold office to the Supreme Court,
ne adopted by the followup vote:
Yeas—Adkins, Candler, Corbitt, Fain, Gra
tae Griffin (<;th,) Griffin (21st,) Sticks, Hunger-
lord, Jones, Lester. McCntchen, Moore, Rtch-
rfson. Smith (7th,) Smith (3Cth,) Speer, Well
born and Winn—19.
Say—Brock, Bums, Colman, Dickey, Harris,
Hinton, Merrell, McWhorter, Sherman, String-
ir, Welch and Wooten—12.
Absent and not voting—Adams, Anderson,
bowers, Bruton. Collier, Gignilliatt, Higbee,
Holcombe, Jordan, McArthm^ Nesbit and Nun-
[Mr. Nnimally asked to be excused from voting,
kcanse the previous question being called pre
cluded him from giving his reasons for voting,
lie was excused.
Hr. Merrell gave notice that on to-morrow he
ronld move to reconsider the action in concur-
ing with the House resolution.
The following Senate bills came up on a first
tiding:
Ur. Lester—To incorporate the Planters' Ac-
jmmodation Steamboat Company, between Au-
ista and Savannah.
Mr. Hinton—To incorporate the Georgia Bap-
si Mutual Aid Society.
Also, to incorporate the Tazvell Manufactur-
* Company, of Marion county.
Mr. Smith, (iitlth,)—To prevent stock from
Bming at large.
Mr. Candler—To amend section 3496 of Ir
is's Code.
Mr. Brock—Providing that counties pay the
[prase of convicts to the Penitentiary.
To prohibit Ordinaries from granting letters of
iministration in certain cases.
Also, to amend section 3552 of Irwin's Code.
Mr. Wooten—To amend the act for the relief
'debtors.
Mr. Wellborn—To incorporate the Real Es-
te Bank of Georgia, at Atlanta.
Also, to amend the act for the relief of debt-
Mr. Fain—To change the lines between the
of Bartow and Gordon. •
HOUSE BILLS OX FIRST READING.
11'change the time for holding the Superior
I-.in Cherokee county.
iFcrtho relief of A Worrell, of Upson coun
ted to declare tho true intent and meaning
iMion 3632 of Irwin’s Code.
I.'> change the time of holding the Superior
a in the counties of Columbia, Washington,
non and Emanuel.
> change the lines between the counties of
“> and Clayton.
SENATE BILLS OX SECOND READING.
[To giie Ordinaries concurrent jurisdiction
b Judges of the Snperior Court in foreclosing
i on personal property, and in enforc-
Mr. Hall, of Meriwether—A bill appropri
ating money for salaries, and for other pur
poses.
Mr. Drake, of Upson—A bill incorporating
the town of Thomas ton in the county of Upson.
Mr. Matthews—A bill changing the lines he
ween the counties of Macon and Houston.
Also, a bill changing the corporate limits of
the town of Fort Valley.
A bill repealing the act incorporating the
town of McIntosh, in the county of Butts.
A bill repealing the 7th section of the Appro
priation Act.
A bill changing the lines between the counties
of Johnson and Lawrence.
A bill extending the corporate limits of the
town of Hamilton, in Harris county.
Mr. Hall, of Glynn—A bill allowing Robert
Humphries, of Glynn, to practice medicine.
Mr. Harrison, of Franklin—A bill allowing
Mr. Osborne, of Franklin connty, to practice
medicine and collect for the same.
Mr. Price—A bill snowing William G. Ste
vens, of Lumpkin, to peddle without license for
three years.
Mr. Scott, of Columbia—A bill to amend the
homestead law.
Mr. Tnmipseed—A bill appropriating 1,700 to
pay Dr. Litton, of Miller county, for attending
small pox cases in 1863.
Mr. Crawford—A bill to incorporate the Broth
erhood of Locomotive Engineers.
Mr. Tnmipseed—A bill making it unlawful
for marriageable females to flirt.
Mr. Zellar—A bill amending section 3489 of
Irwin’s Code. •
Mr. Fitzpatrick—A bill providing for the
election of Mayor, eight Aldermen, Chief of Po
lice and other officers in Macon—no distinction
to be made on account of color.
Mr. Sparks—A bill empowering Ordinary of
the county of Bibb to issue bonds for county
purposes; also, a bill amending the charter of
the city of Macon in reference to the election of
Mayor and Council.
Mr. Lane—A bill allowing D. J. Hallday, of
Brooks, to practice medicine and collect for the
Mr. McCombs—A bill to refund money ap
propriated for the building of a bridge over the
Oconee at Milledgeville.
Also, a bill amending Section 3961 of Irwin's
Code.
BILLS OX Twain READING.
A bill defining the meaning of section 2640 of
Irwin’s Code. Lost.
A bill changing the lines between the coun
ties of Taliaferro and Hancock. Passed.
A bill allowing Sheriffs in this State to solem
nize marriage. Lost.
A bill to protect more effectually, personal
property. Lost.
A bill prohibiting the selling of spiritaons
liquors on election days. Passed.
A bill to enforce the payment of interest on
money according to contract.
Pending the discussion of this bill, the hour
of adjournment arrived.
GEORGIA LEGISLATURE.
From the Constitution.J
Tuesday, February 9, 1869.
Senate.—Mr. Merrell moved to reconsider the
action of the Senate yesterday, referring the
eligibility of colored men to hold office, to the
Supreme Court.
The President vacated his seat, calling Mr.
Winn to the Chair.
Mr. Wooten, made an earnest, eloquent and
argumentative speech in favor of reconsidera
tion.
Mr. Boms followed in a stirring, patriotic and
pungent effort in favor of reconsideration.
Mr. Candler, the “Chatham” of the Senate,
opposed the motion to reconsider, in a few re
marks, and moved to lay the motion on the ta
ble. The vote stood yeas, 13; nays, 17. So
the motion to table did not prevail.
Mr. Candler made a strong, effective and
powerful effort in opposition to reconsideration,
followed by Mr. Hinton, in favor, in a pointed
speech.
The President resumed his seat
Mr. Brock favored reconsideration, but was
opposed to the resolutions.
Mr. Wellborn opposed reconsideration in a
facetious speech, sparkling with humor and
good sense, having possession of the floor at the
hour of adjournment.
The Judiciary Committee, through Mr. Mer
rell, Chairman, reported on a large number of
bills.
The Enrollment Committee reported several
bills duly enrolled.
Senate adjourned.
House—Mr. Carpenter, of Hancock, moved
to reconsider the bill passed yesterday, chang
ing the lines between the counties of Hancock
and Taliaferro. Motion prevailed.
UNFINISHED BUSINESS.
The bill to enforce the payment of interest
agreed.upon, was taken up and discussed.
Mr. Hudson moved to indefinitely postpone
this bill. Motion prevailed.
Mr. Tumlin moved to suspend the rules to
take up the bill reducing the tax on circuses
from $100 to $23. Buies suspended and the
bill taken up and read.
Mr. Crawford moved to indefinitely postpone
this bilL Lost.
The previous question was called on the pass
men who assisted to kill our people, to come
here and live. He was opposed to it. When
we are prepared to offer inducements to emi
gration it will come. Let ns, then, legislate our
estate into a condition that we can rid ourselves
of our present burdens, and then we will be
prepared to go into new enterprises.
Mr. Phillips moved that the Committee rise
and report progress, and ask leave to sit again.
_ Motion prevailedand the bill made the special
order of to-morrow 11 o’clock.
House adjourned to 10 o’clocck to-morrow.
Supreme Court of Georgia.
From the Atlanta Constitution.)
Satuhdat, February 6, 1869.
No. 3—Ocmulgee Circuit—Wilson, et aL, vs.
Whitfield, et- al., was concluded by Hon. Josh.
Hill, for plaintiff in error.
No. 4—Brannon, administrator, vs. Johnson.
Equity from Wilkinson was withdrawn.
No. C—Reed vs. Eady, complaint from Wilk
inson, was dismissed for want of prosecution.
No. 6.—Jas. R. Hugh, plantiff in error, vs.
Jas McHugh; complaint from Morgan: was ar
gued by Judge A. Reese for plaintiff in error,
and J. A. Billings, for defendant in error.
This being the last cause on the regular dock
et, .no Court went back to the cases put to the
heel of the whole docket. ,/
No. I—Middle Circuit—A. C. Schaffer & Co.,
vs. Baker & Caswell; award from Richmond;
Hook & Carr, for plaintiff in error. F. H. Mil
ler and W. H. Hull, for defendant in error; was
presented by briefs.
No. 8—Henry F. Bussell, plaintiff in error,
vs. C. D. Carr & Co., et. al., defendant in er
ror : was argued by L. E, Bleckley, represent
ing W. Hull, for plaintiff in error, and by the
Beporter, representing Hook & Carr, for de
fendant in error.
This leaves nothing on the docket but the
cause of Smith vs. Bell; assumpsit from Web
ster ; which involves the constitutionality of the
section of the constitution of 1868, denying ju
risdiction to sue in onr Courts for the pric of
slaves. e
* tffix the per diem pay of members of the
al Assembly, officers and clerks. Re
ft to the Finance Committee.
Horsz BILLS OX SECOND READING.
Hhingetime for holding Snperior Courts
l^them Circuit
£ define the qualification of voters, and pro-
* lor the holding of special elections, in Co-
' '53 and Milledgeville.
> cany into effect the provisions of 13th
*» J* Ike 3th article of the Constitution.
f, 0 **“* T «f r °m Jury duty certain members of
Fire Company of Cuthbert.
p create commissioners of Road and Reven-
^ia each connty.
to Judiciary Committee,
o nake it penal to hunt on land of others,
“e arms or dogs, inDeKnlb, Gwinnettand
coonhea, without consent of owners. Be-
r J” ) .; C Ha®itte6 on Internal Improvements.
kL r Tr°* W. Johnson and Son, and G. J.
“Jj. J*° n county, from taxes of 1863.
^Finance Committee.
4110 De sotah, Manufacturing
" 7°* Floyd connty. Referred to Commit-
lo.^pfectnres.
Ibosd °! lze or< fti na ry of Fulton connty to is-
La® to meet outstanding claim*. Com*
triiuii House, a bill creating a new
~ r-j 5 ® 4 ’ *° he called the Atlanta Circnit
tn| ft transmitted to the Senate.
Gra yibstbeading.
Walker—A bill to incorporate
’s 6 , No. 206, in Walker connty.
Am. u -* °* Towns—A bill for the relief
^thtin cases.
of Talbot—A bill for the re-
h. tee?*” 4 Stevenson and others.
6gof“? w > °f Taylor—A bill for the the de-
H ’“fiy lines and the duties of connty
of Randolph—A bill legalizing
■4(05^®* »*a Bnchana, Sheriff of Ran-
0 0 hill incorporating the Geor-
flitj-“."ftpnnfrcturing Company,
j tho pay of Connty Survey-
$300 to the Rev. H. C.
-Polk—A bill extending the
bh.l P lands, and makincr former
, ^tan^rmu ^3 void.
[Jtf Fierce—A bill for the pay-
W of ?** petit jurors in Pierce connty.
^ hill requiring the
.‘^aamJr*? “8 warrant or warrants on
p * a vor of John Jones, late Treas-
Muscogee—A bill amending
.. ion Georgia Insurance Company,
Uw . of Meriwether—A bill abolishing
oent in this State.
Letter from Mr. Dickson.
From the Southern Cultivator.]
Spabta, Ga., December 5, 1868.
There is much confusion throughout the coun
try as to the plan of agriculture I pursue—some
using the solid sweep as a part of my plan. Let
me say, I would not have one of them. More
over, there are other plans called mine that I
cannot endorse.
I will give my plan in a very fewwords: First,
drain the wet lands and if you wish, or it needs
it, ditch the hill sides; then deepen yonr soil;
charge it well with vegetable matter, either by
rest or sowing oats and feeding off the fields,
sowing and turning under pea vines, or clover
and other grasses, where they will succeed, etc.
Then plow deep, and sub-soil to the extent of
yonr ability. Gather all the manure possible
from previous crops, cotton Sfed, manure from
stock, leaves, pine straw, mnd and other scrap
ings—and then add each year to each crop, com,
oats, cotton, wheat, etc., such soluble ammonia
and bone, earth, etc., as Peruvian guano, land
plaster, salt and wood ashes may have in them
—the latter if to be had, in any form, at a price
that wonld warrant its use.
Plant com eight inches below a level, put the
manure within three or four inches of the seed,
and cover about lA inches deep. Cultivate shal
low—first plowing']^ inches deep; second, inch;
and third i inch. I prefer a heavy sweep, 22
to 26 inches wide, either for com or cotton. For
mer communications will show how I prepare
land for cotton and com.
If you carry out this pian well as to order and
time, it will never fail. One of your correspon
dents from South Carolina, in criticising my
5 lan, says yon cannot make com without a wet
uly. I have made a first rate crop of com with
no rain after the 19th of June, and can do it
every time. Below I will tell that gentlemen
and others how to do it. I have never had to
resort to the extreme there described, but it
will pay.
If you wish a fort to stand a hot and protract
ed attack, you must water and provision, as well
as manure it in order that it may hold out until
the siege is raised—remembering one day un
provided for may prove fatal; so if yon wish a
cotton plant or a com stalk to stand a hot burn
ing sun, and a dry northwest wind from four to
ten weeks, and come out safely, you must water
and put in sufficient soluble food to last. How
is that to be done ? Answer: by deepening the
soil, ploughing deep, sub-soiling and filling it
with humus, that it may retain the greatest
amount of water. The soil is like a sponge, if
too porous, water will sink through it; if too
close, it will hold but little. I find that humus
clay and a due proportion of sand constitute the
best of soil, to succeed under all circumstances,
with soluble plant food in abundance.
I will now give you a plan that will carry the
cotton plant through eight or ten weeks of
drought with safety and enable it to get ahead of
the caterpillar—the boll-worm may come too soon
for a full crop, bnt one need not* fear the cater
pillar if they do come before the 1st of Septem
ber. Always remember the soil must be good
and deep, and sub-soiled six inches deeper, and
furnished with a good supply of goano, dissolved
bones, plaster and salt A cotton plant to stand
two weeks (always remember to use the Dickson
Select Seed)must have four inches of soil and six
inches sub-soil—three weeks, six inches soil,
same sub-soiling; four weeks, eight inches and
same sub-soiling, and for every week of dry
weather yon will need an additional inch, with
tho same six inches sub-soil broken below. So,
yon will see, to stand a ten weeks’ drought, you
have a soil sixteen inches deep, with six inches
broken below.
This plan will hold tho forms and bolls during
the whole time, and not give them up when it
rains; but should you prepare right, and your
supplies give out or surrender one week before
reinforcements come, much is lost, and it may
be too late to start anew. If you prepare and
carry out this plan, yon may expect from 400 to
1200 pounds of Bnt cotton per acre, according
Decisions or the Supreme Court ot
Georgia.
Furnished by N. J. Hammond, Supreme Court
Reporter, Expressly for the Constitution.
O. A. Lochrane, Plaintiff in error, vs. Vm.
Solomon, defendant in error. Motion for new
trial from Bibb.
Brown, C. J.—L., who owed S. $1000, for
which S. held L’s note, and mortgage on a
printing press, sold the press to C. for $5000,
and 0. agreed to pay the $1000 to S., and satis
fy the note and mortgages, bnt S. refused to re
lease L. and take 0. for the debt. There was
evidence before the jury, however,“that S.
agreed to take 0. as collatteral, 'and afterwards
agreed to give C. time on the $1000 which he
was to pay for L., if ho wonld pay him 2i per
cent, per month for the indulgence, which he
did for three or four months.'
1. Held, that it was error in the Court in his
charge to the jury, to restrict them to the single
inquiry whether C. was substituted as the debtor
in place of L.
2. If C. agreed to pay the debt of L. to S. in
a short time, and S., having accepted the liabil
ity of C. as collateral, afterwards for a valuable
consideration extended the time of payment for
three or four months, as he had the right to do
at his own wish, L. could not sue O. during that
time, and S. was liable to L. for any damage
sustained by L. on account of such indulgence
given by S. to C.
Judgment reversed.
McCay, J., concurred in tho judgment.
Warner, J., dissenting.—In my judgment,
there was no error in the Court below in over
ruling the motion for a new trial on the ground
that the verdict was contrary to the evidence.
The Court was not requested in writingto charge
the jury upon any part of the evidence, and
there was no exception token that the charge of
the Judge did not cover all the facts proved.
Tho charge of the Court excepted to was not in
error in view of the evidence contained in the
record. The defendant was the principal debt
or, and not a surety, and the loss of which he
complains did not spring out of or result from
any agreement made between Crawford and Sol
omon which could operate as a legal discharge
of the debt, but from a cause entirely independ
ent of the alleged agreement. From the facts
disclosed by the record and my understanding
of the law applicable thereto, I am of opinion
the judgment of the Court below should be
affirmed.
Cobb and Jackson, by Judges Clark and Lyon,
for plaintiff in error.
W. Poe, for defendant in error.
Samnel T. Bailey, plaintiff in error, vs. E. L.
Strohecker defendant in error, mandamus—
From Bibb. Brown, C. J.
When an attachment was levied upon fifty
shares of the capital stock of a corporate com
pany, and sold at Sheriff’s sales, it was the du
ty of the Sheriff to give certificates of purchase
to the highest bidder, and on presentation of
such certificates to the proper officer of tho cor
poration, it was his duty to make the necessary
transfer of the stock to the purchaser on tho
books of the Company. In such case tile Sher
iff does not pnt the purchaser in possession, but
the officer of the corporation is, pro hac vice, a
pnblio officer under the Code charged with that
duty, and if he refases to do it, mandamus is
the proper proceeding to compel its performance.
Judgment reversed.
S. T. Bailey, by the Reporter, for plaintiff in
error.
H. W. Cowles, by B. H. Hill, for defendant
in error.
Mr. Kelly—A bill to amend the police laws of
the city of Savannah.
Rules suspended, and hill read first time.
On motion of Mr. Hall, of Monroes, the roles
were suspended, and the general appropriation
bill read second time and referred to the Com
mittee on Finance.
Mr. Kelley moved to suspend the rales to take
np Senate bills for third reading. Motion pre
vailed.
A bill to exempt a certain number of the
members of fire companies of the city of Savan
nah from jury duty. Amended by adding Bain-
bow Fire Company of Rome. The bill as amend
ed, passed. , . K ,
A bill to regulate summons of witnesses m | to the character of the land, locality,_etc.
Chatham Superior Court Passed.
A bill to incorporate the Atlanta Agricultural
Implement Manufactory Company. Amended
by committee and passed.
The special order of tho day being the Land
Immigration bill. It was taken np, and being
an appropriation bill, the House resolved itself
into a committee of the whole, to consider it
Considerable dicussion ensued on motion to
read and act on the bill by sections. Vote was
taken on motion, and House decided to read
bill and act upon amendments made thereto.
BiU read. A
Mr. Saussey moved to amend by locating the
office of Chief Commissioner at any place to be
designated by the Commissioners, other than
J'otM'tnl na in tViA oHoinal bilL
the Capitol, as in the original bill
Mr. Anderson objected to the amendment
He said that the friends of this bill had prepared
it carefully, and he hoped it would pass without
amendments.
Mr. O’Neal moved to amend the amendment
by striking out the word “Capitol, ’ in the biU,
and adding “the city of Savannah,’’ for the lo
cation of the Chief Commissioner.
Mr. Warren, of Quitman, said as the discus
sion had gone into the merits of this bill, he
wonld state his objections to the bilL He was
opposed to the bill from beginning to end, and
thought it was dangerous to go to this expense
in our present cznb&rr&sscci condition. He would
not give one negro labor for forty such as tins
bill would get. It was made for the benefit of
men who wanted easy places, and if it passed, it
would pass over his vote. .
Mr. Tweedy moved to strike out to be elected
by the General Aseembly and give power to
Governor to appoint ,
Mr. Harper, of Terrell, said be was opposed
to the bill. He wonld not say that he would
oppose it some future day. We can offer no
inaucexnents to immigrants at tho present time.
We do not know how long it will be before
some General will be upon us with bis bureau,
and the expense to support this bill is unneces-
sary at the present time, and I think this bill
should be indefinitely postponed. This Legis
lature voted down an appropriation to bury our
Truly yours.
David Dickson.
Congressional Whisky Rings—How
the Government is Swindled.
The Baltimore Sun’s Washington correspon
dence makes the following revelations:
Tho amount of receipts recently, instead of
showing a favorable condition of things for the
government, shows the reverse. The govern
ment should have received many millions of
dollars more. The reduction of tax on whis
ky in bond was part of the scheme of of a spe
cial whisky ring, promoted, it is alleged, by a
few members of Congress who were in the se
cret. The operations of the ring were on the
grandest scale known to revenue history.
It will be remembered that during all the ear
ly period of the last session of Congress, it was
given out by members who, from their position,
were supposed to be authorized to speak for
that body, that there would be no reduction of
the tax, and the Committee of Ways and Means
had reported that there should be no redaction.
During all this time the fonr grand managers of
the scheme, knowing what was to come, pur
chased nearly all the whisky in bond, amount
ing to fifteen or sixteen millions of gallons, pay
ing for it prices ranging from five to fifteen
cents. When the purchases were completed, it
was announced in the Honse of Representatives
that the tax was to be reduced not only on what
was to be made in future, but what was in bond,
which already the government held for tax.
The price of bonded whisky at once advanced
to 60 and 65 cents, thus netting to the ring, the
purchasers of bonded whisky, about $8,000,000,
which was divided among the smart manipula
tors of the scheme. How many members of
Congress received dividends in this gigantic trick
will probably never be truthfully made known.
One of the ring, already a millionaire'in New
a-—h- oOJan »•< non ooo to his fortune.
JohnT. Williams, etal., plaintiff in error, vs.
James M. Mobley, executor, etc., defendant
in error: Equity—From Harris.
Brown, C. J.—The minor legatees under a
will, who are not the children of the testator,
have no right, in a case ponding in Chancery
upon a bill filed by (ho executor for direction,
to an interlocutory order, setting apart money
for their support, unless the estate is solvent,
and able to pay all just debts, and leave a suffi
cient fund out of which to pay the sum necessa
ry for their support, and it was error in the
Chancellor to grant said order, when the solven
cy of the estate was denied, till it had been as
certained, by the report of a Master in Chance
ry, or in some other legal way, that there would
be a fnnd after the payment of the debts of the
estate.
Judgment reversed.
Ingraham and Crawford, by Peabody, for
plaintiff in error.
Bingham and B. H. Hill for defendant in er
ror.
and to have been suspended from 19th of Janu
ary 1861, and that it shall so continue until civil
government is fully restored,. or until the legis-
ture shall otherwise direct, has been legalized
by the new Constitution and Ordinance of the
Convention of 1868, so far as it does not ditest
vested rights. This made it valid so far as it
was prospective, but whether it could restore to
plaintiff a right of action lost by the rnnning of
the statute for the full period prescribed by law
before its passage, query?
4. In this case after deducting the year during
which it was suspended, the statute had not ful
ly ran in favor of the indorser who is the party
litigant, at the date of the Ordinance of 1865, by
which it was suspended for the future as above
specified. For these reasons I concur in the
judgment pronounced by a majority of the
Court while I do not assent to all too proposi
tions announced by them in the decision.
J. M. Dorsey and E. M. Johnson for defend
ant in error.
L. E. Bleckley for defendant
B. F. Wallis, et al„ plaintiff in error, vs. G.
M. Osteen, defendant in error. Trover from
Chattahoochee.
Warner, J.—'When tho possession of a watch
has been awarded to a party by toe judgment
of a proper Justice, as provided by toe 3959th
section of the Code, and an action of trover is
brought to recover the possession of the watch
from such party having possession thereof un
der such judgment. Held that toe plaintiff
must provo title in himself to the watch to en
able him to recover it from toe defendant.
Judgment reversed.
E. Baiford, by B. Hill, for plaintiff in error.
D. H. Burts, by toe Reporter, for defend
ant in error.
Embry and Fisher, Plaintiffs in error, vs. J.
J. Clapp, Defendant in error. Complaint from
Muscogee.
Warner, C. J.—Where an insolvent debtor, by
a deed of assignment, bona fide, consigned a
stock of goods to C., in trust to sell and dispose
of toe same, and to pay toe proceeds thereof to
certain specified creditors of toe assignor and
no trust or benefit being reserved to the assignor
or any person for him : Held, that the assign
ment of the debtor in this case, was a good and
valid assignment under toe provisions of toe
Code.
Judgment affirmed.
Peabody and Brannon, for Plaintiffs in error.
Ramsey and Ramsey, by Jas. Russell, for De
fendant in error.
Jas. Marting and Paul Key, persons of color,
plaintiffs in error, vs. the State, defendant in
error: Burglary in the night—from Muscogee.
Brown, C. J.—Tho bill of exceptions in this
case was a general one that the jury fonnd con
trary to law and evidence. Held, that there
was not sufficient legal evidonco to sustain toe
verdict.
Ramsey and Ramsey, per Jas. Bussell, for
plaintiff in error.
Thornton, Solicitor GeneraL for the State.
York, added $2,000,000 to his fortune.
Instead of tins redaction of tsx being a great
gain to toe Government, it was a monstrous loss.
If this whisky had paid the two dollars tax, as
it should have done, it would have produced
for the Treasury thirty millions of dollars, in
stead of seven or eight millions, which is claim-
,hi8 W a few days since, and here, some who
<,4 Io:i; A bU1 flmendiDS sec * ' the ' to ti£ Government.
Moses Brian Executor et. al., plaintiff in error
vs. Martha B. Banks, defendant in error, com
plaint from HalL
Warner, J.—Where suit was instituted on tho
26th of February, 1866, to recover toe amount
due on two promissory notes, against the maker
and endorser thereof, one of which was dated
toe 20th of October, 1857, due one day after
date and endorsed on the 11th of July, I860,
toe other note dated toe 29 th of July, 1858, due
one day after date, endorsed toe 26th of Janu
ary, 1959, and the defendant plead the statute
of limitations in bar of toe plaintiff’s right to
recover.
Held: That, in as much as toe statute
of 1869 suspended toe running of toe stat
ute for one year, and the act of 1861 sus
pended the running of toe statne during toe
war, and tho ordinance of the convention of
the 1st of November, 1865, having declared toe
statute of limitations to bo and to have been
suspended from toe 19th of January, 1861; and
that, inasmuch as the 3d paragraph of the 11th
article of toe Constitution of 1868, declares of
force “all acts passed by any legislative body
sitting in this State as such, since toe 19th day
of January, 1861, (including Irwin’s Code,) and
that, inasmuch as the 5th paragraph of too llto
article of toe Constitution of 1861 declares that
all rights, privileges and immunities, which
may have vested in, or accrued to, any person,
or persons, or corporation, in his, her, or their
own right, or in any fiduciary capacity, under
any act of any legislative body, sitting in this
State as such,* since toe 19th of January, 1861,
shall be held inviolate by all the Courts of this
State, unless attached for fraud, or unless oth
erwise declared invalid by, or according to this
Constitution,” that toe plaintiff’s right to recov
er upon toe notes sued on is not barred by toe
statute of limitations, toe act of 18G1, as well
as the ordinance of 1865, suspending toe run
ning of the statute, are recognized and made
valid by the express provisions of the Constitu
tion of 1868.
Held, also, that if a prescriptive right to ei
ther real or personal property, under toe provisr
ions of the Code, had become vested in toe pos
sessor by reason of the continuance of his pos
session, fora period of time, fixed by law, such
vested right will be protected under the 10th
paragraph of toe 11th article of toe constitu
tion of 1868, recognizing a distinction between
a right vested under toe law of prescription as to
real and personal property, and a right under
toe statutes of limitations, which affects only toe
remedy.
J Judgment affirmed. - ..
McCay, J., concurred. . , . ■ ;. m
Brown C. J.—dissenting.—1. An indorsement
of a promissory note. past due for a valuable
consideration is n new contract and the statute
of limitations begins to ran in favor of the in
dorser only from the date of the indorsement.
2. The Statute of limitations was legally sus
pended for one year by toe Act of Decem
ber I860.
Robert C. Bryant, et aL, Executors, plain
tiffs in error, vs. Zena Doolittle, defendant in
error, §omplaint from Houston.
Warner, J.—When a feme sole gave her note
for fifty dollars and afterwards married in 1862,
her husband receiving from the wife property
more than sufficient to pay toe debt, and the
husband having died before any judgment was
obtained against him for the debt of his wife
Held, that, inasmuch as the parties were mar
ried before toe adoption of toe Code, the hus
band was liable for the debts of his wife only to
toe extent of the property received through
her, when^judgment urns recovered agaiust him
therefor during the coverture in accordance with
the common law rale ragulating toe liability of
the hnsband for toe payment of the debts of his
wife contracted prior to toe marriage.
The will, offered in evidence, showed upon its
face that it was executed in 1862, by which the
husband bequeathed to his wife certain proper
ty, thereby showing that the parties were marri
ed at that time, to-wit 31st of July, 1862, where
on the witness, who was examined, stated that
toe parties were married in 1862 or 1863. The
will was competent evidence for toe purpose of
showing that toe parties were married prior to
1863, and the Court below erred in rejecting it
for that purpose.
Judgment reversed.
dollars to assist the very men. or some of the
3. The Ordinance of the Convention passed
1st November 1SC5, declaring the statute of
limitations in all cases civil or criminal to be
Attitude ot* the Georgia Legislature.
From the Feu> York Times of the 6:A.]
Discussing toe probable action of the Federal
Government in regard to the status of Georgia
and toe doings of its Legislature, the Savannah
Republican, the other day, said:
“As regards toe reseating of the negroes in
toe Georgia Legislature, all we have to say is:
let Congress enact what it may, let every mem
ber now there hold on to hisseat until a judicial
decision shall have been obtained adverse to his
right, or until the bayonets of the military shall
compel him to leave. He has possession—let
him consent to be dispossessed only by a law of
Georgia, or by force of the Federal Govern,
ment.”
An Atlanta dispatch of Thursday’s date shows
that advice of this nature is addressed to not
unwilling ears. The Legislature will not recede
a hair’s breadth from toe position it assumed
when a fraudulent majority declared colored
members ineligible. The higher branch refuses
even to coiisr.b'* t'-.r qncstion of reseating those
whoL. it i-ukAfuil- expelled; while the lower
branch refuse- to take ui.y decisive step for test
ing judicially the question of eligibility. The
latter decision .will not suit.'re those whore-
member the declarations of toe leading advo
cates of expulsion. They avowed a determina
tion to exclude,rand to. exclude permanently,
colored members, irrespective of any judgment
that might be pronounced in their favor by too
Courts. This purpose is evidently adhered to.
The Legislature cares neither for the recon
struction acts nor for the plain provisions of
toe local Constitution. The majority ore re
solved to set toe Courts as well as Congress at
defiance.
Having assumed this attitude, toe Legislature
quietly frowns down a proposition to send Alex.
H. Stephens and a couple of associates to Wash
ington, “to represent toe true state of affairs
to Congress and ascertain what solution of the
unfortunates difficulties can be had.” Such a
mission in existing circumstances is certainly
unnecessary. The case requires no further ex
planation : it is as clear as events can make it.
The Legislature does not desire any solution of
the difficulties, or, at least, any solution that
does not involve an unqualified surrender to all
its claims. It will neither listen to reason nor
law. It has adopted toe recommendation of the
Savannah journalist, and will yield only to
*• force of toe Federal Government.” The’cost
of a journey to Washington to announce dogged
hostility may well be spared.
The proceedings now reported will not be
wholly barren of effect upon Congress. They
transpire, indeed, just at the period when Sena
tors are in doubt as to toe course to be pursued
toward Mr. Hill, and when the House Recon
struction Committee has under consideration
tho propriety of annuling its recognition of toe
State. The defiant, tone adopted at Atlanta—
too determination to reject compromise and to
make concessions only actual force—will proba
bly exercise some influence upon both toe Sen
ate and the Honse. The display of a conciliato
ry disposition might have strengthened the
hands of Mr. Trumbull and others who oppose
further Congressional interference, and recon
cile toe House to a policyof patience and for
bearance. These counsels are divested of
weight, if not actually of propriety, by the re
fusal of toe Georgia Democrats to abate toe an
tagonism to essential requirements of recon
struction. It is now doubtful whether Congress
can, without injustice and a certain loss of self-
respect, suffer tho present aspect of the question
to continue. ! . . ■
Affairs in Upper Georgia.
4 The Rome Courier of Saturday says there will,
by the first of March next, be more spare msney
in that section of toe country than was ever known
before. The cotton crop will sell for nearly as
many dollars as it did in 1859-60, and now it can
not go for negroes, and will not for lands. Hun-
dredftof planters in that and adjoining counties
have how in hand from$1000 to $5000, and are
now feeling good 'all over, but really do not
know what to do with their money. They keep
The Cotton Caterpillar.
From the Floridian.] , . j.
Messrs. Editors: The history of toe cotton
carterpillar being one just now of great interest
in onr Southern communities, and deeming it
important that every one who can should give
any information or hint arising from his obser- , ,
vationorhis speculation based thereon, upon
A prominent feature of the trade, during the
present season, has been the comparatively new
system of selling short. Quite a large propor
tion of the sales in onr market daring the past
four or five months, has been for delivery two
or three months ahead, but, in nearly every in
stance. the shorts have been compelled to cover
which may swell the aggregate of facts or the
ories, upon which toe entomologist of toe future
may rear the proper history of this destructive
insect, I venture to send you the result of my
observations, and my theory relative to the pro
pagation of the insect from year to year.
I have been a cotton planter for many years,
and during many of those years I have kept a
daily record of every event bearing upon our
agriculture which came under my notice. There
are many theories as to the mode in which the
insect is carried through the winter period of
its existence, some of which I will briefly notice.
Some contend that it is through the medium of
toe egg that toe hibernation is accomplished. I
will state in this connection some facts which I
think will sustain me in my objection to this
theory. The caterpillar invariably makes its first
appearance in toe low sheltered bottoms, and
any planter of experience can point out in ad
vance toe localities in which toe insect will be
earliest observed. The last generation of toe
ravager is brought forth upon toe highlands of
the field. Here, then, toe last eggs of the sea
son would be deposited, and consequently, as
the first change is from toe egg to toe caterpil
lar, here upon toe highlands should the first
brood of the next year begin its career ; bnt
such is not the faot.
Again, it is believed by some that the hiberna
tion is effected by too descent of the living
caterpillar into toe ground, where he assumes
too chrysalis and hibernates. If this were so,
then assuming that this mode of passing into the
chrysalis state was peculiar to toe last brood of
oarterpillars, toe earth in the vicinity where the
last of toe cotton plants were consumed, would
be so perforated and filled with toe chrysalis as
to have been long since obvious to toe planter.
And if snch was toe mode of hibernating, then,
instead of the few straggling flies which make
their appearance toe ensuing summer, they
would be as the locust, and their name wonld be
legion. Others speak of eggs in the interior of
toe stalk. This is an impossibility apparent to
any one who has carefully examined toe fly,
which is not furnished by nature with the means
of depositing its eggs except upon the surface.
Some speak of toe carterpillar as hibernating
in toe pith of toe stalk, supposing it possible
that the worm could eat its way into toe small
or tender branches of toe stalk. The space af
forded by the displacement of tho pith would be
insufficient for the ordinary sized chrysalis.
Many objections to this theory could be cited,
but i't would be tedious. The question then re
curs, how is toe hibernation effected ? I believe
that it is toe miller or moth which hibernates,
and for so thinking, will give snch reasons as
have grown out of my experience.
I have, I think, shown that if toe egg is the
agent, then toe caterpillar of toe next year would
appear first upon toe highlands. Again, as the
caterpillar is toe direct product of the egg, an
egg must be laid in those places which were first
swept, and which, into* majority of years, were
totally stripped of every vestige of foliage and
life. This egg must be laid by no agent having
toe power of locomotion, viz: the miller, who
seeks those bottoms to deposit his eggs, because
the cotton in those localities, though not older
in days, is much older in developement, and is
the earliest food in toe field fit for the coming
worm.
That toe moths of various insects can, and do
winter with us, must have been observed by
many. Even while I write, (on toe 19th of Jan
uary, 1869,) which has been an unusually cold
winter, the ceiling of toe room presents active,
living specimens of moths, more delicate in their
structure than the caterpillar fly, which is indeed
the strongest, and to all appearance, the best
provided against toe cold, of any miller of its size
which I have ever noticed. I believe that toe
destruction of the cotton crop depends upon the
temperature of the preceding winter. I have
turned to my records of three consecutive years,
1841-2-3. I find that toe winter of 1840 was
mild with ns, and that in 1841 toe caterpillar ap
peared as early as it did in ’68, and completely
swept the cotton at as early a date. I find that
toe winter of ’41 was cold, and my journal shows
that there were no caterpillars the following yeaV,
but a yield of a bale to the acre in ’42. I find
that the winter of ’42 was mild, and that toe
crop of ’43 was swept as thoroughly as in 1841.
Here we have a fine cotton year, sandwiched
between two caterpillars. In too former case,
preceded by a cold winter: in too latter, by two
mild ones. It is also known to us that toe
Northern portion of toe cotton region of Ala
bama, Mississippi and Georgia, are often ex
empt from toe ravage of the worm, while toe
Southern portions in common with our own coun
try, are swept. The usual winters of those lati
tudes are inclement enough to destroy in a great
measure toe fly, but a few seasons of mild win
ters, such as have been those of late years, ena-
able the moth to recover toe lost ground, and
those sections long exempt, are again devasta
ted. The miller of the caterpillar is furnished
with a strong tube projecting from his mouth,
with which he perforates toe base of the cotton
bloom with scarcely an effort, and draws thence
its food. It never enters the flower. Our-win
ter present bnt few consecutive cold days, dur
ing which toe miller doubtless lays semi-torpid
in some sheltered spot. The days of warmth
succeeding are sufficient to stimulate it to flight.
Some hardy flowers are to be fonnd in sheltered
spots even during our winters; but indepen
dently of these, it is fully able, by means of its
strong tube, to extract juices from suculent
stems sufficient to sustain it through our mild
winters.
Recapitulating, I conclude that if the egg be
toe medium of propagation by hibernation, then,
as nature does nothing by halves, toe egg would
be provided with powers of resistance which
would carry it safely through every winter; and
every succeeding year would witness toe ravage
of toe worm, as it wonld always take place with
the unerring instinct of which we have a famil
iar example in the larvse of toe locust; but toe
fly, ever flitting during the warm nights from
one shelter to another, is liable to toe vicissi
tudes inherent to a nomadic life, and vast num
bers doubtless perish, while others, more fortu
nate, find sufficient shelter, and thus, with di
minished numbers perpetuate their kind.
B. G.
The receipts and exports at the latest mail
dates, in round numbers, stood as follows :
1868. 1869.
Receipts bales..1,250.000 1,343,000
Exports..... .....752,000 676,000
While Great Britain has taken only 412,000
bales this year, against 522,000 last year,France
has increased her purchases, having* taken 140,-
000 bales this year, against 104,000 last year.
The north of Europe has also taken 103,000
bales, against 81,000 last year. Last year the
average weekly consumption and export of cot
ton at Liverpool was 65,005 bales, and this year
it will probably be equally large, and Liverpool -
most meet opr market, as her supplies from oth
er sources bid fair to be considerably reduced.
The position of the market may tons be regard
ed as a strong one.
The largest cotton crop ever raised was in •
1859-60, which approximated 5,000,000 bales,
realizing, at $50, a hale, $250,000,000. This
year, toe crop, it is thought, will be about 2,-
500,000 bales; it is worth, at a low estimate,
say $100 a bale, and, in toe aggregate, $250,-1
000,000, or as much as the crop of 1859-60.
Now to toe profits of this year’s cotton are to
be added several important items. The South
has, for toe first time, raised food enough for
its own consumption, and consequently, the
proceeds of the cotton crop will not have to
be exchanged for bread and meat. Hence, toe
present cotton crop will bring more money into
the South than ever was received from this
source in her palmiest days.
The last Circular of Murray, Ferris & Co., of
New York, presents the following table of week
ly receipts at all toe porta in the United States
for toe months of January, February and March
in 1868, and for toe month of January, 1869:
January 1
1868.
95,500
1869.
„ 79,000
74,000
73,000
84,000
January 8
80j000
January 15.
January 22
sojooo
86,000
January 29
86^000
86,000
’FehroHiy
89^300
February 12.
.osjooo
February 19
92,000
February 26.
91,000
March 4
79,000
March 11
66,000
March 18
66,000
March 25
44,000
African N. E. Conference—Second Day.
We are indebted to R’ev. E. D. Bailey, color
ed, for the following report of yesterday's pro
ceedings of toe Conference in Asbnry Chapel:
Conference, Bishop Brown in the Chair, was
opened by singing, and prayer by Rev. W. H.
Nobles. The roll was called and minutes read
and confirmed.
On motion, Rev. Joshoa Woodlan was elected
reporter for toe Christian Recorder, and Rev.
W. H. Nobles for the Missionary Recorder.
After some remarks by the Bishop the discip
linary questions were taken np. Question 4,
(letter 1, page 94) of toe new discipline elicited
quite a discussion between brethren C. Brad-
well. W. J. Gaines and others. During the dis
cussion the Bishop remarked members should
not provide themselves with snch poor excuses
for not raising money in answer to this ques
tion.
Rev. EL Stricklan was appointed by toe Bish
op to take charge of the money raised for tho
completion of Wilberforce University, and other
educational purposes.
On the (question of toe University there arose
a discussion—why not have a University in
Georgia—between brethren B. B. Bailey of the
Alabama, and T. G. Stewart of toe Georgia Con
ference. The debate was participated in by a
number. Brother Stewart remarked there would
be a University in Georgia some time this year,
or at least commenced.
Dr. L. Fierce was invited within the bar and
introduced to toe Conference, and briefly ad
dressed toe body.
The debate on Wilberforce was laid over un
til the Educational Committee reports.
On motion, the following names were brought
before the Conference to enter on approbation:
Benjamin Washington, Wesley Mapp, Larry
Thomas, Thos. Dawson, Daniel Williams. Lacy
Beck, Daniel Brown, Elijah Penaman, Daniel
McGee, Martin Johnson, Larkin Mathis, Jessey
Dinkins. Thos. S. Smith. Scipio H. Robison,
Henry Robison, Henry Reding, George Hood,
Branch Davies, Nelson Harris, Alfred Lonwod- .
dy, Richard Mahone. E. O. Alexander, A. Bru
ton. S. Boss. Wm. Pierce. Henry Luster. All
will be examined by a committee.
On motion, Conference adjourned to 9 a. it.,
to-day.—Columbus Sun, 9th. £ <r ... j
Running Andrew Johnson fob Governor of
Tennessee.—Intelligence from Tennessee, says
a Washington letter, shows that the intended
running of President Johnson, for Governor, _
has combined the Fletcher-Senter Republicans
in a secret bnt bona fide alliance with all the
Democrats against the Browillow wing, who have
made murder their policy and embezzlement
their practice. The new party accept recon
struction and negro suffrage as fixed facts, and
bid for economy, peace and white enfranchise
ment. Brownlow is so alarmed that he has re
solved not to appear in the Senate on toe 4th of
March, but to continue Governor till next.Oc- j
tober, so as, if possible, to head off Senter and ,
Fletcher and Johnson, by proclaiming martial
law and a postponement of toe August election! t
Mr. Johnson mil leave for Tennessee on toe 8th
of March, and by easy stages arrive at Nashville
on the 15to of March, and business will com
mence at once on his arrival. Senator Fowler
and his friends will co-operate with the new
party, and the liveliest times may be expected ,
in State politics since the Foote-Davis campaign
in Mississippi. •
The Cotton Trade.
The cotton market (says toe New York Com
mercial and shipping List) presents a strong
contrast with the corresponding period in 1868.
It maybe remembered that about a_ year ago,
the price was depressed, by a combination of
circumstances, to fifteen cents for middling up- '
land, which enabled English operators to secure
liberal supplies, after which the staple gradually
rose to thirty cents at the close of the cotton year,
August 31st. The result was highly prejudicial
to American interests, for toe nation not ‘only
suffered in its export trade, but our cotton man
ufacturers were subjected to sharp competition
from British goods made from raw material, ob
tained at exceptionally low prices.
This year the position of affairs has been al
together different, and while the English opera-
tore have adhered pretty closely to toe tactics
adopted last year, they have been effectually
“cornered.” With very small stocks at Liyer-
iool “ * **
ish
halfpenny
Price's Desolation Passed the Senate.
We are pleased to announce that the resolu
tion introduced by Hon. W. P. Price, of Lump
kin, in toe Honse, and passed by that body on
Thursday last, was, on yesterday, taken up in
toe Senate and adopted by a vote of 19 to IS.
The Legislature in expressing its willingness
to refer the eligibility of negroes to hold office
in this State totoe Supreme Court without com
promising itself In the least, has done all that
the most extreme could demand of it.
We have reason to believe that action by toe
Reconstruction Committee of CongressJbias al
ready been arrested by toe passage of this reso
lution in toe Georgia House, Thursday, last.—
At all events shonld it fail of the desired end
the Legislature will feel conscious of having .
discharged its duty in the premises. Should
Congress now, contrary to onr expectations,
persist in reconstructing the State, the evil con
sequences resulting therefrom will rest upon
that body and not upon toe Georgia Legislature.
[Atlanta Constitution.
A Snout Handful or Manure.—A single
handful of manure put into a hill of corn will
often make the difference between four or five
little “nubbins,” and six or eight plnmp ears
that will shell their bulk of sound corn. A thou
sand handfuls count up heavily in the autumn
corn crib. How many handfuls of manure are
brious reports about the state of trade, the strong f n l« of manure are more valuable to toe cultiva-
probability of the mills being reduced to the ex- ■ t or Him the separate grains of gold that the mi-
tremity of short time, eto., for toe evident pur- ner, with careful toil, gathers and washes from
lose of frightening holders into selling out. the earth and sandbank. He hunts, gathers
! iJufc the American operators had made up their . an( j saves them all, and thus accumulates hi*
minds that the mistake of last year should not | “pile.” Philosophical, successful cultivators
be repeated. The planters are stronger, and ; can see the glitter of gold even in the manure
under less advances than last year. The tax has j heap; they only wait a little longer than the
■pt only been removed, but the planters remem- joiner for the pure gold to be washed oat by the
very quiet about this matter, and do not entrust! ber the rise after toeir sales year, and have growing process instead of in the wash pan.
their secret to their most intimate friends. Some ! sent forward their orops with moderation: and word to the wise is sufficient. —Atnenaan Ag-
have exchanged their greenbacks for gold, and 1 now stocks of England are running low. and she riculturist.
it is known that over seventy-five thousand dol-. is obliged to enter the market, her movements „ _ i-dudes Peruria
lare in gold have been carried home byplantere being already foreshadowed and heralded by a A S»an F^c^o paper m^udesPeruna
trading at Rome, in the last six or eight month*, rise of the price to upwards of twelve pence. news among its Pacific Slope t> es.
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