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-— —- -m*rwwmw ** fi •£..-.**’ Tlie THE TELEGRAPH. MACON, FRIDAY, JUNE 25, 1869. The New Court* in Georgia* We confess ft flood of light has been poured upon us by our contemporaries of the Georgia press in respect to the State Judiciary. We hare two more courts than the law mates al lowance for, and they are not only “ Supreme Courts," but, if we may credit the Constitution alist, they are courts so singularly hide-bound that they cannot even review their own de cisions. _ These are the grand legislative courts, to-wit: The Senate and House of Representatives; and they are endowed with the functions of Supreme Courts, with power to settle, without appeal, questions of fundamental and statutory law, by that simple provision of the Constitution which makes them the judge of the qualification of their own members. Wo are amazed to see all our contemporaries quoted this morning fallinginto this view of the matter-spealdng of our legislative bodies as “courts’’ in entertaining questions of the eligibil ity of their own members—callingsuchdecisions “judicial decisions," and insisting that they are the supreme law of the State. Surely we :ave been dreaming—walking in our ignorance al our days and must begin to study politics alow, if all this is not a total perversion of the logo and science of government. Ve hold that all such notions are not only false in themselves, but dangerous and destruc tive to liberty—confounding the structure and theory of government—tending inevitably to collisions between its organic departments—di vesting the citizen of legal protection and arm ing the Legislature with unconstitutional pow ers against which there is no redress or remedy. We cannot persuade ourselves that any theory of the government which confuses and inter mixes the function* of its three grand depart ments, and leaves the rights of citizens to fly back and forth between them like a shuttlecock, with no other result than perpetual conflict, is a sound one. The Constitution, it is true, makes each house the judge of the qualification of its own members, but this must always be within the purview of the law. The Constitution could not empower any department of the government it creates to violate its own provisions. The Constitution creates a judicial depart ment of the government and devolves upon it the sole office and duty of interpreting the law and settling all questions of the rights, privil eges, powers, duties and obligations of the citi zens under it. The three grand functions of making, interpreting and administering the law are declared to he distinct, independent and of equal dignity. It is true the Senate is, in certain cases, cre ated by the Constitution a Court of Impeach ment—but this is an extraordinary investment —specially provided for; and the charac ter and constitution of that body are changed for the occasion. Ordinarily it is no court, and in passing upon the qualification of its members acts merely in discharge of the plain and necessa- ty duty of self-protection against intrusion and disorder. Its action cannot divest the citizen of the rem edies -erf the Constitution if he is agrieved. Will any body pretend to say that either branch of the Legislature could, under this provision, bid defiance to the popular will, and absolutely ex clude whole counties and districts from repre- resentation, and yet the Constituion give no remedy ? The people must resort to revolution? Surely such a theory must be unsound. From the necessity of the case, every delibe rative body, legal or voluntary, must possess the power of settling questions of rightful member ship and order, but in the case of the Legisla ture no such settlement can divest the citizen, or the county or the district, of plain constitu tional rights any more than the enactment of an unconstitutional statute could override the fun damental law. Both decisions must yield to the Constitution as authoritatively interpreted. The Constitution can vest no one of its creatures with power to overthrow itself, which power is unas sailable within its own provisions. The citizen whose rights are assailed by the Legislature, must have hi3 remedies as against it, as against the other departments of the Government. Any other doctrine, it seems to ns, must lead to ab surd and dangerons conclusions. The Pres* ori the Supreme Court De cision. As the people will look with some interest for the views of the Georgia press upon the recent decision of, the Supreme Court upon the negro eligibility question, we append such as come to hand Friday morning. The Savannah Morning News copies and en dorses the paragraph from the Constitutionalist yesterday from which we dissented, declaring that the decision cannot take effect upon the Legislature, because that body is made by the Constitution the supreme judge of the qualifi cation of its own members. ‘ ‘ They alone have constitutional jurisdiction of the subject, so far as their respective bodies are concerned. They have decided, so far as this Legislature is con cerned. Their decision, when rendered, was a judicial decision,which cannot now be reversed.” The Savannah Republican declines to offer an opinion, but has the following review of ar guments on both sides: But, it is asked: will the effect of thisdecision be to reseat the expelled negro members of the Legislature, removing those who now occupy their places? We shall offer no opinion on this point at present, but content ourselves with a brief and simple statement of the argument pro and eon, leaving the reader to determine for himself upon the weight of reason. It is contended by some that the decision just announced can have no bearing upon the matter under consideration. That question has been settled by the only courts having jurisdiction of it—that is by each house of the General Assem bly. They alone have constitutional jurisdic tion of the subject, so far as their respective bodies are concerned. They have decided, so far as this Legislature is concerned. Their de cision. when rendered, was a judicial decision, which cannot be reversed by any other branch of the government. All that could come of such a decision of the Supreme Court, in the future, so far as relates to holding the office of legislator, would be to use it as an argument in the next Legislature, if the question should again come np in either house. It could not bind the Legislature; for, by tho Copstitution each house is the sole judge of the election and qualification of its members. No other Court can control that judicial judgment in thematter, and, notwithstanding the decision of the Su preme Court, the Legislature must and will stand as at present constituted. In opposition to this view there are two con siderations that may be offered, one involving the law, and the other the policy, of the case. It is admitted that the Constitution makes each branch of the Legislature the exclusive judge of the election and qualifications of its own members; but it may be asked, is this a power given without any implied limitation, and with the understanding that the two houses can use it arbitrarily, according to the will of the majority, and without any restraint what ever ? Are they not bound to exercise the dis cretion thus granted according to the Constitu tion of the State as authoritatively, expounded? Is it possible in reason that the Legislature can be invested with a power to violate the Con stitution ? Could they expel a member just be cause they happen not to like his society, and when no crime or improper conduct is alleged? The two houses are authorized to determine for themselves exclusively two things: first, the election of a member, or whether he received a majority of the legal votes cast; secondly, whether he be qualified as a Senator or Repre sentative, or not—that is, whether he possesses in himself those qualities which the Constitu tion and laws make necessary in order to con stitute him a member of the Legislature. If these conditions have been determined by the supreme interpreter of the Constitution and laws of the State, is the Legislature at liberty to set aside such decision ? In the second place, it may be contended that as the Legislature voted to refer the question of eligibility of negroes under the Constitution to the Supreme Court, notwithstanding the failure of the measure through Executive interposition, are they not morally, as well as legally, bound to accept its decision as final ? And still another point may be raised. In view of the doubtful relations of the State to the Federal government, and indeed of the govern ment of the State to its own people, would it not be wise and prudent, without contest, to allow the negro members to occupy their seats for the only remaining session of the present Legisla ture—and it may be made a very brief one— thereby submitting to a temporary evil—and everything indicates that it will be only tempo rary—rather than embark in a local and nation al strife the end of which no man can foretell. We have thu3 presented, fairly and intelligi bly, as we think, the argument on both sides of the question, and, without offering any opinion in the premises, we leave the matter to be deter mined by our legislators, when next they meet, in such manner as will, in their judgment, best conduce to the peace, welfare, and permanent good of our beloved State. The Columbus Enquibeb embodies its ideas in the following: The Atlanta Constitution mentions a rumor that, in view of this decision, Gov. Bullock will call the Legislature together within thirty days. TELEGRAPH. Clover in Greene County. The Greensboro Herald, of Thursday, says : Dr. Thos. P. Janes, of this county, has jt»t finished mowing a field of five acres of red clover, the most of which measured four feet and five inches high, and yielded two and a half tons to the acre. It was planted one year ago last March, on old land, which has been in cul tivation for the last thirty years, and without manure. He has other fields planted ten months later, which bid fair to equal the five acre lot. He is also growing the various kinds of grain successfully. That is a crop of one hundred dollars to the acre—grown with little more expense than the coet of the seed. We should consider five such acres of clover in Bibb County worth about twenty pretty fair acres in cotton and perhaps more—for such a clover crop, by the aid of a good mowing machine, is harvested with very little trouble and expense—can be gathered and stored in less than a week, in June, while cot ton would be a steady drag to Christmas.— Green county is about fifty miles north of Bibb, but we have no doubt red clover will grow about as well here, and certainly to the extent of sup plying the demands of this market, which are quite large, would be far more profitable than cotton. On an Exclusive Negbo Basis.—The press dispatch represents Turner as running on “high moral grounds,” in respect to his official bond. Ho could get plenty of uhite bondsmen, but will not have them. He is determined it shall be a Simon Pure negro business throughout. This statement, of course, is a matter for faith, and vre may draw what conclusions we please. Tur ner has been appointed a month and has not yet got his bond ready. It was necessary to as sign some reason for the delay, and this one will perhaps do as well as any other. Mb. Pendleton, of the Valdosta Times, was thrown from his buggy last Tuesday evening, frig head striking a stump in the fall, and pro ducing insensibility. Consciousness seemed to be retaming next day, and hopes were enter tained of his recovery. His little son, who was riding with him, was also thrown out, but sus tained no serious injury. The horse had taken fright, and was unoontrolable. The Valdosta Times says: The weather is as pleasant as any one could wish for. Sam Slick said on one occasion, while resting in a potato* patch, that he heard the small potatoes “cussin” the big ones, and telling them to give room for growing. Fbok Putnam County.—A gentleman writing from Putnam, under date of the ICtb, says “Prospects are more promising than they were last year. Com is very. fine. I have a little more than seventy acres of cotton over knee high. Rains have been splendid." Which mat Account fob the Mtt.it m the COOOAXUT.—The Philadelphia Age of the 14th says: The stocks of cotton in this country have be came so reduced that, with ell that may be ex pected to noma to market daring the next four months, there will not be enough to keep the spindles of this oountry going during that time. Poes thisfaot aooouni for the kiting prices? For what ? It can hardly be pretended that the decision of the Snpreme Court will give negroes the right to seats in the Legislature. The right of each house to judge of the qualifications _ of members of its own body is a plain stipulation of the Constitution. To say that either the Code or the Supreme Court can take away this constitutional right, would be an absurdity. If tho Governor does call the Legi8lature together, with a view to distract or overawe it by insist ing on the re-seating of the negro members by virtne of this decision, it will only be a mis chievous proceeding, and one provocative of renewed strife. Besides, it can establish noth ing, because each Legislature will assuredly ex ercise for itself the constitutional right to judge of the qualifications of its members. The Constitutionalist, reviewing the opin ions, add3 the following. We concur entire ly in the views expressed in its concluding para graph, in their fullest application to the case in hand:' So, the result of this Snpreme Court decision comes to this: White, and the few other negroes elected to office have temporary authority to hold their positions. The negroes elected to the General Assembly cannot get back, because the Snpreme Court has nothing to do in their cases, judgment in the matter resting solely with the two Houses. If the General Assembly should repeal the debatable statutes of the Code pre sumed to have a bearing upon this matter, the vexed question would be put beyond dispute, and Georgia still stand as a State governed by white men, Brown and McCay to the contrary notwithstanding. We are environed with difficulties—difficul ties and embarrassments of no ordinary charac ter—and it will require great care, prudence and patriotism to steer clear of a complete crash of everything which freemen should hold dear. But first and foremost, the minds of the public must be impressed with the idea that there is no hope for ultimate liberty and the triumph of Constitutional principles, but in bowing to the law as expounded by those who have been inves ted with authority to expound it. Free govern ments can be maintained only by maintaining the law as it exists, while it exists, and correct ing it in the proper way. A wise people will bear patiently for a time even a great wrong, rather iTmri fly to ill-advised remedies, which can bring nothing but general ruin in their train. From Washington. Washington, June 18.—Internal Revenue, to day, $697,000. i rlpffJD Boutwell returns on Tuesday. Andrew Johnson visits Washington on the 1st of July. *{-)--■£-> y Nearly a half million of three per cent, certificates were redeemed yesterday. The President has appointed Thos. S. King, of Atlanta, Route Agent between Atlanta and Chatta nooga. Dr. Brink, Consul to Mexico, is made to say that the administration will soon adopt a positive policy towards Mexico. It is stated that Pierepont arrested tho Cubans, at New York, under the direction of Hoar, who re proached Pierepont for derilection in duty for not acting sooner. Washington, Juno 19.—The Bricklayer's Union have expelled six members for working with colored bricklayers at the Navy Yard. Treasurer Spinner, in consequence of his wife's death, remains absent several weeks. Tiiman’s distillery at Baltimore, was seized to day. - • Tho Herald sayB: “The President, it is under stood, favors granting belligerent rights to the Cu bans, but the Cabinet is against him. Secretary Fish strongly sympathises with the Cubans, as does also Secretary Borie, but Attorney General Hoar and Secretary Boutwell are pronouncedly against them.’’ Tho steamer Cricket, plying between Key West and Havana, has been wrecked. The Bovenue for to-day is nearly one million. J. E. Garcia, of Cuba, is at Willard’s. Senator Wade visited Brigham Young on Wednes day. The Treasury messengers, heretofore dignified personages, will hereafter scrub and sweep. The Bevenuo officials report the seizure of sixty illicit stills in tho mountains of Virginia, East Ten nessee and North Carolina. It is stated that, on Grant’s return, the Cabinet will consider and adopt a positive policy regarding Cuba. Secretaiy Fish disavows any agency, direct or in direct, in the recent proceedings against the Caban partizans. Delano demands the assistance of tho marines to suppress illicit distillation in the suburbs of Phila delphia. The people have driven off tho revenue officers with stones. Turner Rampant. Washington, June 18.—Tomer, the negro Post master, of Macon, Ga., has not yet filed his bond. The white patrons of Tamer here say they would go on tho bond but that Tamer stubbornly persists in having black bondsmen. From New York. New Yobk, June 18.—Hon. H. J. Raymond left the Times office at midnight perfectly well and died at five o’clock this morning—appoplexy. The captured Cubans paid the Ludlow street jail or twenty dollars for a bed. The Herald says that Minister Lemus wa8 found at his residence in Brooklyn at a late hour, but de clined to recognize the character of the officers who presented the order, and refused to permit himself to bo arrested. He gave parole to appear in the morning at court and answer. Tho officers acknowl edged that they had been well paid to make the ar rest at that late hour, the presumption being that it was intended to enjeet him to the personal indignity of imprisonment at an hour when no court was in session to take cognizance of bail. The verbiage of the bond to keep peace is, to be of good behavior towards the United States and shall refrain from any violation of the neutrality laws, or from any breach of tho peace of the United States, for the term of one year. The whole proceeding was char acterized by a degree of ruffianism and brutality, unworthy of the fame that New Yorkers and Ameri cans hold so dear. These Cubans may have viola ted the international law of the oountry; yet, never theless. they were entitled to the common privileges accorded, from time immemorial, to tho refugees of tyranny, from every climate. Mr. Evarts appeared for Senor Lemus. ' The Quaker City is now known as the Columbia. She sailed under British colors, but will hoist the rebel colors on reaching Haytien waters. She has been altered into a powerful war vessel. From Virginia. Staunton, June 18.—The members of the Medi cal Convention visited Weyer’s Cave yesterday. In the morning session, to-day, Dr. Bay read a paper on the abnormal condition of tho mind, that occurred incases of fever, acute inflammation or paralysis, where patients apparently are perfectly sane, and afterwards, on recovery, declare they have no recollection of what they did. Tho paper was debated by nearly all tho members for two hours and ordered to be printed. Richmond, June 18 The United States Marshal, Panker, this morning made a descent on the al leged Cuban recruiting rendezvous, and arrested H. H. Harrison, the leading man. Harrison had plenty of funds in the bank, and promptly gave bail in the snm of ten thousand dollars, to appear. It is stated that about thirty men were recruited yester day. The men are promised five hundred dollars bounty in New York. e From Alabama. Montgojieby, June 19.—The Democratic Conven tion at Dadeville, for tho Third District, nominated J. C. Parkinson for Congress. He is a Northern man by birth, who settled in Alabama in 18S5, and has invested largely in the State. The nomination was quite unexpected to him, as he has devoted his time to manufacturing and farming, and was not known as a politician. From South Carolina. Chableston. June 18.—It is officially announced that the interest on tho State of South Carolina bonds and stocks for the two years, ending on the first day of July next, will be paid on and after that date. Tho interest on the bonds will be paid in New York and in Columbia, and on the registered stock, in Columbia only. From Cuba. Havana. June 18 Gen. Finner having victualed Los Tunos after desperate fighting, (Insurgents re tiring in good order) returned to Neuvitas with 19 cholera cases, seven of which have since proved fa tal. The truth of tho story that a filiibuster expe dition which landed near Guantamowaa destroyed is that a small advance sent forward to communi cate with the insurgents was cut off. ’ From Colmnbns. The Enquirer announces that the Rock Island Paper Mills, destroyed near the close of the war by General "Wilson, are to be rebuilt. Crops doing well considering the lateness of the season, but old planters think in cut short a fourth by reason of the lateness of the spring. The Judgeship.—A meeting of the Columbus bar was held on Wednesday, to make compli mentary notice of the retirement of Judge Wor* rill. The Sun expresses donbt of the eligibility of ex-Govemor James Johnson, because the Code provides that a Judge shall be a resident of the Circnit over which he is to preside at least one year preceding his appointment or election. The newly appointed Judge has been living in Savannah the last two years. The Zeitung, a German paper, published in Charleston, S. C., has suspended. The respon sible editor cannot be found anywhere. Wheat.—The Rome Commercial quotes wheat weak, at $1 50. Judge E. A. Nisbet delivered the annual lit erary address at Emory College this year. A FABKKB near San Antonio, Texas, has a farm of 130,000 acres fenced in, and40,000 head ' of cattle pastured on it General News. Cincinnati, June 18.—A Joint Committee of the Board of Trade and Chamber of Commerce have arranged to have cannon fired, bells rung, and mu sic, on the 26tb, when the vote on the ten million dollars appropriation shall be taken, for the South ern Railroad. San Francisco, June 19.—The Colorado,for Pana ma took three quarters of a million. 1200 Chinese arrived yesterday by sailing veesel. The rust has appeared in wheat and barley. Boston, June 19.—The Custom-house authori ties say the clearance of the steamer Delpbine, on Thursday night, was in strict conformity with law. Her war-like character is unquestioned, hut her des tination is known only to parties who control her. Foreign News. London, June 19.—The House of Lords, at 3 o’clock this morning, passed the Disestablishment bill to its second reading. : * In the House of Commons to-day, a motion was made to go into Committee of the Whole on tho new operative commercial treaty with France, the present treaty expiring before the next session. Bright opposed the proposition in a strong speech. On the question the House was divided—one hun dred and one against one hundred and fifty-five. . t Tassora, the Spanish envoy to England, has re signed. < The Prince of Wales and the Duke of Cambridge were present during the entire proceedings last night in the House of Lords. ■ Madbid, June 19!—Serrano took the Regency oath to-day, loud vivas following. The Cabinet contains Prim, War; President Selvela, State; Hessera,- Grace Justice. Pabis. June 19.—Eight- hundred of-the rioters re cently arrested, have been discharged. Two hun dred are still held, A crowd'of people followed tlie funeral of the rioters killed in the recent tumults. No disorder. Tlie Burke County Tragedy. ABBEST of the murdebeb—eis confession. On. yesterday morning the Chronicle & Senti nel—the only paper in the city which had it— published an account of the brutal murder of Mr. Adkins D. Lewis, of Burke county, by a negro, whom at the time he had in his employ ment. Our account stated that he was mur dered in cold blood in one of his fields and that the murderer had fled from justice. This morn ing we are gratified at being able to announce to our readers that the assassin has been arrest ed and now occupies a cell in the jail of this city, where he will remain until demanded by the authorities of Burke county, in which tho crime was committed. Below we give a full ac count of the whole transaction: The reasons the negro gave for killing his employer: the manner in which the murder was accomplished; the subsequent flight of the murderer; and his arrest in this city yesterday morning. The name of the gentleman was, as we have before stated, Adkins D. Lewis, an esteemed and useful citizen of Burke county, who owned and resided on a plantation seven miles south of the town of Waynesboro. The murderer is a negro named, Ben Godby, who has for some time past been in the employment of Mr. Lewis. Godby’s family, consisting of his wife and a little girl, -frere also employed by the same mas ter; Ms wife, we believe, a cook, and Ms child a nurse for Mrs. Lewis. On last Monday God by’s little girl, while nursing Mrs. Lewis’ child, violated some commands which had been im posed by her mistress, and was corrected by the latter for the act of disobedience. This, of course, was" told by the child to her mother; and on Tuesday morning the latter called Mrs. Lewis to account for the punishment, in a most insolent manner. Mrs. Lewis endeavored to make her stop her impertinent language, but without success; the enraged negress grew more and more violent, until Mr. Lewis, who happened at this timo to enter the room, made her desist, by striking her a light blow over the head with a stick, wMch he held in his hand. Tho blow cut the skin of the woman's skull, and brought tho blood. That night when Godby returned to Ms cabin from' work, his wife told him of the manner in wMch she had been treated by Mr. Lewis. During the recital Godby and another negro man were present; and the latter, we under stand, asserts that Godby grew very indignant when told of the blow, and declared Ms deter mination of revenging himself by taking the life of Ms employer. On "Wednesday morning Godby and the other hands went to their work in a field situated a short distance from Mr. Lewis’ house. Beforg leaving his house, how ever, Godby secreted on Ms person a large dirk knife—thus showing very plainly his murderous intentions. His wife refused to go to Mrs. Lewis to resume her culinary occupation, but remained at home in bed, saying that she was unable to work. A little later in the morning of Wednes day, Mr. Lewis entered the field and asked God-., by where Ms wife was? Godby, we are in formed, replied that she was at home sick from the effects of the blow Lewis had struck her, and that he intended to have revenge. Mr. Lewis made some reply to tMs, when Godby drew Ms dirk and sprung upon Mm. Before Ms employer could recover from the surprise of the attack, he stabbed Mm five or six times in the stomach and breast, inflicting several mortal wounds. During this time no one at tempted to stay the hand of the murdorer, and when his victim fell to the ground, Godby fled, nnpursued, from the field, and going to his house, procured bis wife and fled the county. On yesterday evening about six o’clock. Ma jor Hugh McLaws, while going from this city to Ms home in the country, met a negro man and two women about six miles from the city, on the Savannah road, coming to Augusta. He noticed that one of the women had blood on her clothes, but said nothing to the party and went on home. Yesterday morning he returned to the city, and, when about a mile from here, overtook the party ho had seen on the previous evening. His curiosity a little excited, Major McLaws stopped and asked the woman with the blood on her dress where she was going. She replied that she was from Burke county, where she had had a difficulty with her employer,' Mr. Lewis, in which she had been severely beaten by the employer, and that she was coming to Augusta in order to take out a warrant for Ms arrest. Major McLaws then asked why she had not gone to a Burke county Magistrate. The woman answered that there was no justice in her District, and that she was obliged to come to Augusta. Nothing further passed between them, and Major McLaws left the party and came on to town. Upon reaching the city ho road in the Chronicle and Sentinel an account of tho mur der of Mr. Lewis, and saw at once that the ne- g o whom he had passed must be the murderer. e at once communicated to the police what he had seen, and put them on the lookout for the party. At about half-past nine o’clock a police detective saw the man and two women standing near the comer of Ellis and Monument streets. Recognizing his game, from the blood on the dress of one of the women, he approached and entered into conversation with the party. God by was under the impression that there was a Freedmen’s Bnreau Agent in Augusta, and asked where he was to be found, saying thnt he had stabbed Lewis, but had not killed Mm, and wished to have Mm arrested for beating his wife. The detective told him to go into tho office of one of Bullock’s Notaries near by and he would see the matter all right. The negro did as directed, and the detective going to the City Hall, returned with the Captain of Police. The detective says that the Notary told him not to go for the police. When the Captain arrived there the Notary informed him that Godby had given himself up. The following is the declara tion to that effect drawn up by Lyons and sworn to by Godby. We give it verbatim et literatim : Georgia, Richmond > County. ) ..." Personally appeared Ben. Godby of Burke county who being sworn deposeth and saith on the IGth day of June 18G9 he was employed by Adkins D. Lewis, and was working in the field of said Adkins D. Lewis when the said Lewis enquired of Deponent where his wife was. An swered that Ms wife was in the house and bea ten by Mm so she could not work. Then he re plied! will out your throat from ear to ear and drew a pocket knife end made at me and I drew a knife in self defence and stabbed Mm with it and .then fled. Deponent , maketh tMs. statement and gives himself over to the civil au thority of Richmond connty for fear of mob violence in said county. Sworn before me tins 17th day of June 1809. his Ellis Lyons. . . „ , - * Ben. -X. Godby. NP. woff, J. P. mark After the above had been signed a commit ment was made out and Godby sent to jail. The knife with wMch he killed Lewis is at the Nota ry’s office. It is made from a long file, beaten out sharp on both edges with an exceedingly keen point, and is a most murderous looking weapon. Godby pretended not to know that Lewis was dead and seemed astonished when told the fact. It will be observed that in the latter part of his declaration he swears that he is afraid of “mob violence” from the people of Richmond county. We tMnk he intended to say Burke county, and that the ignorance of the notary caused the mistake. - a . .. PICTURE BOOK WITHOUT PICTURES. — From Stewart Conntjv ** 5 Lumpkin, June 18th, 18G9. Editors Telegraph—Lumpkin is one of the prettiestvillagesto.be found in the State of Georgia. It was settled in .1829 and named for one of Georgia’s illustrious sons, Joseph Lump kin. It is the county site of Stewart, and corn- tains eight or nine hundred inhabitants. It .is noted for its health, beauty, wide streets,' and shady trees, and the large number of pretty girls that claim Lumpkin for their home. The surrounding country is in a thriving con dition, with a better prospect for a good crop of com and cotton than I have ever seen since the' war. I walked over one field of cotton, belong ing to Mr. F * * * * * eight miles from town, containing one hundred acres, that would, aver age knee high, last week, 1 : ‘ The farms are generally free from grass, and np to this time have been blessed with plenty of rain. The citizens of Stewart are anxiously looking forward to the day when the Columbus, Cuth- bert and Bainbridge Railroad will penetrate tho productive fields of their native hills and val leys, giving them direct communication with the markets, and.a more ready sale for their produce; and if others will take hold of it with the energy of Dr, Baraum, it will soon be a suc cess. Yours, “Quiet but Steady.” BY HANS CHRISTIAN ANDERSEN. Translated from the German for the Macon Daily Telegraph. TWENTY-FIFTH EVENING. “I will furnish thee a picture from Frank fort,” said the Moon. “Especially one build ing I examined there: it was not Goethe’s birth-house; not the old town hall, through, the barred windows of wMch still look the homed skulls of the oxen that were roasted and aban doned tc the crowd at the coronation of the Emperors ; no, it the house of a citizen; green painted and simple, near the narrow Jew’s street—it was RothscMld’s house. I looked through the open door; the' stair-case was brightly lighted up; servants with bnming candles on heavy silver candle-sticks stood there, bowing low before the old woman, who was on a sedan chair carried down, the stairs. The owner of the house stood there bare head ed and kissed, respectfully, the hand of the old woman. It was Ms mother; she nodded friend ly to Mm and the servants, and they conveyed her into the narrow dark street, into a little house; it was her dwelling. Here she had given birth to her children; from here had her pros perity bloomed forth. Were she to leave the despised street and the little house, prosperity would leave her too! TMs was her belief.” The Moon narrated notMng more ; her visit was really too short to-night; but I thought of the old woman in the despisedlittle street; only a word, and her brilliant house would stand - on the Thames; only a word, and her villa would lie on the Gnlf of Naples. Were I to leave the humble house from which the prosperity of my sons bloomed forth, pros perity would leave them! It is a superstition; but of the kind, that if one, knowing the story, beholds the picture, two words as super scription will suffice to understand it; a mother. TWENTY-SIXTH EVENING. “It was in the morning twilight yesterday,” these are Moon's own words; no chimney smoked yet in the large city and it was precisely the cMmneys which I surveyed. In this moment there crept forth from one of them a little head, and then half the body, the arms resting on the brim of tho chimney. “Hiob! Hiob!” It was a little cMrnney sweeper, who, for the first time in Ms life had crept through a chimney and put forth his head. Hiob! Hiob! Yes, tMs certain ly was quite another tMng than to crawl about in the dark and narrow chimneys. The wind blew so fresh he could look over the whole city, away to the green forrest; the sun just rose, round and large, he shone straight into Ms face beaming with happiness, .though it was by soot blackened, right prettily. Now, the whole city can see me, he exclaimed, and the moon can see me, and the sun too. “Hiob! Hiob!” andthere. upon he swung his broom. * AU About Mr. Seward as Teacher- Visit to Monroe and Bibb Coun^T No. 2. Pic at RqBtcrV-El^ut PeSj! Eatonton, Ga., June 15, 1869. —Crops, etc. **** Editors Telegraph: If Mr. Seward used the T ., language concerning Mr. Woodruff attributed , Talbotton, June 14, 1869. to Mm by the correspondent of the Rochester . Editors 2 digraph : -I cannot refrain from Express, he must be a bad, ungrateful man, a expression to the favorable impression hypocrite and base slanderer of one whom he ma “ e mind during a recent Visit to Mon. called friend, and who treated Mm with great 106 an d Bibb counties. I found everybody h&n. kindness and attention on his visit to Georgia contented and employed in the differed in 1846. But that correspondent makes mis- P nrsai ^ 8 °* life, apparently indifferent to jb statements, unimportant in themselves, that oa \ e . 8 ' • • _ „ throw very great doubts on his veracity. For Atapic-mcat Dr. Hunter’s,I have rarely if instance, he makes Mr. Seward Bay: “I re- ®y er > “ et ^th such a refined and elegant pL turned to my studies, and as the best I could do Fi e ’ “ a is to be judged by its citizens in fulfillment of my promise to my new found Momroe and Bibb deserve to be sung by the W. friends in Georgia, sent them my excellent mo “?r.P ards * , 1 have always thought there was young friend, Mr. W——, of the senior class, an ?, atn ,8 a °“°87 between every country and excellent soholar and a finished gentleman." lt8 P?°P !o - *n® ?* ve8 character to the oth- By the extract from the minutes kept by the er “histratang what is natural and ber.ntifni Secretary of the Board of Trustees of Union ?‘ count ^y» influences ithe taste and manners of Academy, published in the letter before this, it i? 8 P®?P‘ e - Hospitality and generosity are dis. appears that Mr. Woodruff arrived before Mr. j Lnguishing traits of Georgians. Nowhere will S. left, and it was resolved that the latter at- these more strongly developed than ic tend the former “as much as convenient, dur- “ IS people- .Like their hills, they rise into ing the succeeding week, for the purpose of 8* andeur » and, departing, we leave them with making him acquainted with the students, reg- I th e sweetest memory, illations,” etc. And the truth is just this—that ! *° “e pic-mc. We cannot forget its the elder Seward, on discovering the Mding : associatl onsL.. It was a bright day ^ place of Ms young hopeful, who had ran my rn?tb many hearts together, rejoicing, from college to teach school in Georgia, sent j country girls vied with tho taste Woodruff to take his place, so that the boy f , es :. gents from the rural dis. might return to his studies. | *” ots angled indisenminately; and oh! what a Here is the language said to be used by > kf ve .’ T1 * e and harp Seward abont Ms friend Woodruff, who enter- j wele “ere, ana with sweetest music filled the tained him very hospitably in Greensborough, i a » r * 1 arc Htectnre and accompanied Mm to the neighborhood of °* ^ our ., 7 _ ^udded with palaces of Ms old patrons: | ease and pleasure—and thought there must be “I saw a large, fat, greasy, dirty man, with- so “ ia bidden beauty where there was so much out coat or vest, sitting with aimless stupidity I carnal splendor; but then, did I httla drearc on a bench. I thought it* might be safe to in- • lssum 8_J ro ^ its rosy bowers a little fairr quire of him, baton a nearer inspection, he ! T ueen * .The others were angels, but this one ■was so repulsive to look upon that, from dis- j ™ a ssiry queen. With her soft eyes meeting gust, I turned aside to a cleanly and decently y our8 > y° u would feel her willing subject. I cannot give her name, For fear ’(would be pain; And painful still to love- - “And not be loved again.” dressed negro, and asked if he could tell me where I could find Mr. W., of whom I was in search. Casting Ms eye about he fastened it j upon the lump of obesity I had just rejected, and, with a polite bow, pointing to him, says: I •That is Mr. W!’ There was now no escape for : Among those whom I know and most promi- me. On inquiring I found that he was what : ne M, I may mention General. Holt and family. was left of my successor in the Academy. ! whose good humor is an acquisition on any oc’- On learning who I was, he was (up to the meas- ; casion. The General is very popular over onr ure of his capacity) right glad to see me; took way, astheJPresident of.one.of. the leading rail. me np to Ms house—wMch was as tidy as its lord—and introduced me to his wife, etc. ” All tMs is entirely new to one who is a native way companies in Georgia. Socially, he has few if any superiors in elegant taste and refinement The crops were excellent in Monroe and Bibb TWENTY-SEVENTH EVENING. “Last night I looked down upon a city in China,” said the Moon. “My beams sbone upon the long, naked walls, forming the streets. Here and there you may find a door, but it is locked, for what do the Chinese care about the ontside world? Tight Venetian blinds covered the windows beMnd the walls of the houses; only through tho windows of the temple there glittered a faint light. I looked into it, and saw the variegated magnificence. From tho floor to the ceiling, in the strongest colors and rich gildings, are painted pictures, representing the deeds of the gods on earth; in each niche stand statues, but almost entirely concealed by the gay drapery and the drooping flags; before each god (they are all made of tin) there stood a little altar, with holy water, flowers and burn ing wax candles; but Mgb above stood Fo, the supreme god, in a dress of yellow silk, for this is the holy color there. At the foot of the al tar sat a living being, a young priest. He seem ed to pray, but, in the midst of his prayer, to sink into a reverie, and that was certainly a sin, for Ms cheeks were glowing, and Ms head drooped low. Poor Soni-Hong! Did he dream, perhaps, to work behind the long wall of the street in the little flower garden to be found be fore every house? and did he like, perhaps, that occupation better than watcMng the wax candles in the temple ? Or did he long, sitting at the rich banquet, to wipe, between each dish, Ms mouth with silver paper ? Or was his sin even so great that the Celestial Empire would visit it with death, if he dared to confess it ? Had his thoughts ventured to flee with the ships of the Barbarians to their home—to far distant Eng land ? No! his thoughts did not fly so far, and yet they were as sinful as the warm, youth ful blood could make them—sinful here in the temple—in the presence of Fo, and the other holy gods. I know where his thoughts dwelt. At the most distant end of the town, on the flat, flagged roof, around wMch seemed running the parapet of porcelain, where the fine-vases, with the large white blue-bells stood, there sat the charming Pe, with the small roguish eyes, the full lips and the smallest foot.' Her shoe pinched, bnt there was a more severe pinching at her heart; she lifted her delicate round arms, the satin rustled. Before her stood a glass bowl with four little gold fishes; she stirred the water with a many- colored japanned little stick, quite slowly, for she was musing over something; did she think, perhaps, how rich and golden the fishes were clad, how quietly they lived in their glass bowl, where they received their abundant food, and how happier they would yet bo if they could swim at large ? Yes, this the fair Pe understood! v Her thoughts left her home, her thoughts visited the temple, but they did not dwell there for the love of God. Poor Pe! Poor Soui Hong! Their eartiily thoughts met, but my cold beam lay like a cherub’s sword between thorn both.” TWENTY-EIGHT EVENING. There reigned a calm, “said the Moon,” the water was transparent as the clearest sky, through which I hovered; deep below the sur face of the sea I could behold the strange plants, lifting like gigantic trees of tho forest, their arms a fathom long, toward me ; the fishes swam above their heads. High in the air, there flew a flight of wild swans; one of them sank with weary wings deeper and deeper, its eyes following the airy caravan, that receded more and more; far strotched out it held its wings and sank, as the soap bubble sinks in the still air; it touched the surface of the water, its head bent backward be tween its wings; quietly it lay there, like the wMte lotus flower upon the calm lake. And a soft wind arose, rnffiing the sMning surface of the sea, that sparkled, as if it were the air, moving on in large wide waves; and the swan lifted its head and the shining water sprinkled like blue fire on his breast and Ms back. The morning twilight illuminated the red clouds, the swan arose invigorated, flying to ward the Sim, toward tho bluish coast where the caravan had drawn to, but it flew alone. "With longing in its breast, lonely it flew across the blue swelling waves. TWENTY-NINTH EVENING. * ‘I will give thee another picture from Sweden,” said the Moon. Between dark pine forests, near the melan choly banks of the Noxe, lies the old cloister- church Wreta. My beams glided through the lattice into the spa*cions vault, where kings are slumbering peacefully in large stone coffins. In the wall above their tombs there parades the image of earthly glory—a royal crown—but it is only of wood, painted and gilded, and is fast ened by a peg driven into the wall. - The worms have eaten through the'gilded wood, the spider has spun its net from the crown down upon the sand: it is a funeral flag, perishable as the mourning of the mortals. How peacefully they slumber! I remember them quite distinctly. I still see the bold smile around their lips, wMch denoted so foroibly, so decidedly, joy or sorrow. "When the steamboat, like an enchanted snake, drives through the mountains, there often comes a stranger to the church, seeks the funeral vault, asks after the names of the kings; and these sounddeadandforgotten. He contemplates smil ingly the worm eaten crowns, and if he have a very pious heart, sadness mingles itself with Ms smile. Slumber ye dead! The Moon thinks of you. The moon sinks in the "night her cold beams down to your silent'realm, above which hangs tho crown of pine-wood. ' Jarno. [to be concluded.] of the immediate neighborhood where Seward i counties, the cotton having been little injured and Woodruff taught, and who has, time and j 2 n re ^ l& n ds, from cold. From appearances again, heard Ms parents and other old people i * should conclude fertilizers were extensively talk of the two men, and who, as a hoy, remem- ! U3 °d- bers the time when the two wortMes visited the 1 w ' neighborhood last. But the veracious correspondent puts in Mr. Seward’s mouth the following: “At last I came upon the place where the academy had been. "We have had a slendid rain in Talbot, and our crops never looked better. TMs morning was quite cooL—“More Anon.” Occasional. Cincinnati claims a population of two hun dred and sixty-five thousand. A publishing house and type foundry have been started in Shanghai by some enterprising Chinese Matters in Georgia. The New York Times publishes the following Washington special of the 14th: General Terry is actively supporting the civil authority in Georgia, and gentlemen who have just arrived from that State report a much bet ter state of affairs as a consequence. He does not interfere with or supplant civil authorities, gives the Sheriffs such aid and countenance that they have been able to make arrests of several desperate parties who have successfully defied i civil authority thus far. This is especially the case in Warren county, where the Sheriff, hav- ’ ing been several times wounded in endeavoring to make aiTests, finally returned with military support, and whose simple presence enabled Mm to execute "all Ms processes without further re sistance. It woulcLbe difficult to make out in the same space a more perfect misrepresentation of all the facts. . "’ • • ’ But the Osage orange that, in the days of my j Decision* of the Supreme Court of principalsMp had been an adornment, had con- ! Georgia, tinned to thrive, with no hand to check its wan- ! delivered at Atlanta, Georgia, june 15. .ton growth, fall it had completely covered and' „ .. . ... . _ ... .. n Mddenfrom view the entire building, which ; ^ rom the Atlanta Comhtutionf] was inaccessible tome.” Mr. Letter-writer,this ! S. H. Hawkins, plaintiff in error, vs. E. B. can not be Seward’s account, for he knew the ! Loyless, defendant in error. Motion to enforce locality too well to give such an incorrect de- attorney’s lien, from Webster, scription. Mark, now, how plain a tale shall put j McCay, J.—The lien of an attorney for fees, you down: Until within the last quarter of a > on papers in his bands, on the judgments he century there probably was not an Osage orange I has obtained for Ms client, does not - operate so in Putnam county. There is not, nor ever has ■ as to prevent a bona fide settlement by the de- been one near old Union Academy. There was : fondant with the plaintiff in full, provided there a Cherokee rose-hedge some half a mile off. j was no notice to the defendant not to pay with- The house itself was situated in a beautiful oak ! out reserving the fees; and provided, also, the grove, with no hedge of any kind near it; and, j settlement was not made with intent to defeat last of all, the building had been removed long [ the attorney in collecting Ms fees, before the occasion of Seward’s visit, and the i Judgment affirmed. only vestige left was aslightmound of redearth j C. T. Goode, S. W. Hawkins, for plaintiff in and a few brick-bats, perfectly easy of access, : error. over wMch, doubtless, Messrs. Seward and : M. Blanford, W. A. Hawkins, for defendant Woodruff walked, and on wMch they probably ; in error. sat down and moralized. The mistake about the cars running to the ! Wm. H. Chappell, administrator, plaintiff in place has already been noticed, but it may be error, vs. Wm. S. Aikin, defendant in error, as well to reiterate that Union Academy was j Equity, from Webster. built in the woods; that Eatonton, the nearest j Warner, J.—When a bill was filed against an village, is ten miles distant, and at present the j executor by a creditor, praying for an injunc- terminus of a railroad, though in 1846 the near- 1 tion and the appointment of a receiver, alledg- est railroad station was Greensboro’ in the ad- . Mg that the executor vms.insolvent, unmarried, joining county, sixteen miles off, where, infact, 1 extravagant, engaged in no settled business. Mr. Seward did get off the cars. The site of and intending soon to remove to Honduras, the school-house, as stated in the advertisement i and was badly managing his own business, as of the day, was obtained from Francis Ward, i well as that of Ms testatrix, that he stud is Esq., afterwards passed into the possession of would sell the property of his testatrix, realize Major Wm. Alexander, and now belongs to the tbe money, and leave without paying any of the family of J. A. Turner, deceased. debts of the estate. Held that the Court belotr It is excedingly interesting, Messrs. Editors, - erred in dismissing the complainant’s bill upon to look over the musty old records of the early demurrer thereto for want of equity, history of Putnam county and Georgia, of wMch j Judgment reversed. your correspondent possesses a large store, col- i J. L- Wimberly, S. EL Hawkins, for plaintiff lected and preserved by Ms father. Putnam i in error. county hnn furnished a great deal of worth and J Blandford & Miller, for defendant in error. intelligence, much of wMch has been diffused i . . . over the State, and the immediate neighborhood I Alexander & Howell, plaintiff in error, vs in wMch Seward taught was, beyond compari- ! Wm. C. Smith, defendant in error, son, the most refined, intelligent and pleasant • Warner, J.—When, upon the trial of a cause, in the whole country. Property was pretty ! a mortgage deed, wMch had been recorded, vras equally distributed. Almost every one had a ! offered in evidence, and was objected to on the competency—some were wealthy. There was ground that it did not appear to have been not a single poor person to be found, save old stamped, and the party offering the mortgage Allen Bartlett. ; deed proved that the deed had been stamped Take that old advertisement about Union according to law: Held, that the Court shonld Academy. The first name mentioned is that of ; have submitted the question of fact to the jury, Francis Ward, Esq. He has been dead many, ’ under the evidence whether the. deed had been many years, and now, for some time, the widow . stamped or not, as required by law, under the that he left has been gone also. The old home- i charge of the Court upon that point, stead, a mile or so from Union, is owned by a i Held, also, that when the deed, showing i son, Col. R. H. Ward, who, however, before the j settlement between the parties, was offered in decease of his mother, had built a residence evidence, the Court should have left the ques- just across the river, in Greene county, where • tion to the jury as to whether the deed was de- he still remains. i livered or not, under the evidence contained in Next, in the advertisement, comes Maj. Wm. i the record, and have charged the jury as to the Alexander. It "is necessary only to name his ■ law applicable to that point in the case. When sons, Judge Robert Alexander, late of Colum- ! there is evidence as to the delivery of a deed, it bus, Mr. William Alexander, of Alabama. His ; is a question of fact for the jury and not for the daughters, whomarriedMacDougald. Flewellyn, I Court to decide upon the fact, whether there Chambers, and Nisbet. Most of Ms cMldren I bas been a delivery of the deed, sought greater wealth than they possessed, in ! Held, further, that where an instrument is and about Columbus. The Major Mmself has : offered in evidence, required by law to be gone to the other world, and Big old home has stamped, and, by the act of one of the parties, been sold. i tbe stamps are prevented from being put onthe bis, removed to the Western part of the State ; Government of its revenue, the Court may, in when the lands in tMs section began to wear such a case, allow the proper stamps to be out. Tie died a great while ago, and Ms land placed on the instrument, at the time of the in tMs county is owned by Jas. C. Denham, • triaL Esq.—at least the most of it—though some may ; Judgment reversed. belong to the Gatewood family. * J. 0. Bower, Fielder & Powell, T. F. Jones. Colonel Wm. E. Adams is the sole survivor of for plaintiffs in error. those mentioned, and is next to the oldest man A. Hood, Richard Simms, for defendant e now living in Pntnam county. He has many error. children and grand-children—most, though not; - ; all of them, still live in the county—but they , Henry R. S. Long, plaintiff in error, vs. E“- have all, with one or two exceptions, left the old ' ward McDonald, defendant in error, neighborhood. The Colonel himself, who has 1 Complaint from Early, been a very successful planter, concluded some i Warner, J. ' few years ago to sell his homestead, and remove 1. "When a suit was instituted in the county ot to Eatonton, where he could spend his remain- Early, against L. and P., alleging that they ing days free from the troubles and perplexities partners, L. residing in the county of CIm^ of business. His old place is now owned by W. ! and a short time before the session of the Conn C. Montgomery, son-in-law of Mr. Caleb Spivey ! in Early, at wMch the case was tried; P. diw. —another old settler, whose name, - however, the defendant’s counsel moved to continue tte does not happen to appear in the advertisement, j case as to L, th# alleged surviving partner, np® William Turner, the Secretary of the Board A tbe ground that the partnersMp was denied, *na of Trustees, is tbe last mentioned. Hh was ; that the survivor, L. had rebed upon the generally the secretary, the writer, in whatever dence of P, the decedent, to disprove thealkg® enterprise was undertaken by him and his asso- I partnership; but, in consequence of the dates. He, too, is gone to that bourne whence : and" unexpected death of P, there had not o«®n no traveler returns. He died, «ud was buried time to procure - the evidence of L, the o® ! at Tumwold, the old homestead, where Ms an- . partner, who lived in the county of Clark, to^s- cestors sleep, ana which still remains in Msfam- prove the alleged partnersMp. Held, thrt “ ily, being now owned by his youngest cMld, Court erred in overruling the motion for a o®; Wm. W. Turner, with the exception of about! tinuance upon .the showing made therefor one-eighth of the land, which belongs to a stated in tbe record. . daughter, Mrs. Reid. 2. "When one of two contracting partners is It would be a labor of love to speak of others dead, the plaintiff can not be a witness ag*®? 1 of the old neighbors, but this would be nninter- , the surviving partner to prove a contract be® esting to tbe general reader. The only excuse with the deceased partner, offered for introducing the names already men- 3. A plea denying the existence of a tioned, is the fact that they occurred in the first sMp is a plea in bar, and although sworn to, “ advertisement concerning Wm. H. Seward and not a dilatory plea, wMch is required to be a®* the Union Academy. H. at the first term of the Court. Judgment w : - m ' — versed. Negro Clerks in the Charleston Post oefice. I J* P? Kutherford, J. E. Bower, L. J. Gei®. The Charleston News, of yesterday, says “thtte* for plain tiffin error, was a rumor afloat on the streets yesterday that the Messrs. Gunn, who for some time past have labored faithfully and efficiently as clerks in the Post office, are to be removed from office on the first of July, and their places filled with negroes, W. D. Kiddoo, for defendant in error. From Talbot Connty. The West Georgia Gazette says that secli® Sunday Upon inquiry we learned enough to satisfy us was favored with copious rains on that there was a great deal of truth in the ru-' Monday last Crops are in excellent condio®- mor - The editor has an article upon Talbotton a® * The ci*l Governor of Madrid recently found Summer Tesor t in which he says that in a pop 0 ' a young woman in the most remote part of a , ,, , ,, , ,-. . - _ nt been* nunnery situated in Calla Hortalera, a horrible kbon of on ® thousand there h den, in which she had been shut up for five case of fever for many years. Ihat is a years by request of her husband, who suspect- record, and we have no doubt that Talbot* 0 ed her of unfaithfulness This discovery ex- nts e other attraction of social, P°^ cites the indignation of the entire population or r „ . . . ,.. . «/,hool the Spanish capital.. ^ j ;***«*» * “*? otth . j church privileges wMch the Gazette sets f SAYsa.far off exchange: Onrlady readers, in : n ^f of Q^most religious aadliteraiy pi** 6 terested in the prevailing fashions, will be glad one °* the most re “8* ona „ . njioe to know that at a.frontier ball recently, a noted in the State; bnt the editor donft give P Indian belle appeared in a hoop skirt ornament- 0 f wheat. . , _ , ed with fox tails, and waist of yellow flannel, ^ Gazette makes the folio wing app®* 1 f< f slashed with stripes of buffalo hide. _ t- T , who is in w* Paper pettnxSts are now sold in London at K six pence each. Imitation cretonnes and chintzes habit ofabstr&cting liiarv stable,** 11 same material, as well as shoes. ^ through, w’U feel much obliged The Newbem, (N. C.,) Journal of Commerce Ve don’tthink itftir that h* «booW want the bakers to come down a peg on their eT8 ry Sunday. He ought to lst us nave bread. feast once a month. f Min-1 Z, '.-J. >> ; . -i V.r '* $ ■ .■:? /i. _ ; ; Abuse:JB ■| f»’ in I' I imV .7 liinhjliafitfifrT