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■ c '«*■*? ■A....... Mn VI • "* t. The Greorgia, \0V'eehly Telegraph. THE TELEGRAPH. MACON, FRIDAY, JULY 2 1669. Another Grand Railway Consolida tion. We are informed that a negotiation is now pending between the Central and Southwestern Railways to consolidate these two gigantic in terests under the exclusive control and direc tion of the Central Road. It is whispered that the Central Road offers to take a long lease of the Southwestern and guarantee the Stock holders eight per cent per anrnim on the capi tal stock of the road. • This is a very safe bid, inasmuch as eight per cent is the usual dividend of the Road, with an improving business, and one which is prob ably bound to increase much faster in the future rtiHTi it does now. We look upon the road tributary to the tracks of the Southwestern, as bound to be the Cotton Egypt of America. It is probably the country of all the world which combines the best cotton producing conditions of soil and climate, with the best proportionate conditions of health. It is pre-eminently adapted to heavy free labor cotton crops, and to show that we are not alone in our judgment, we think we could safely bind ourselves to pro duce, within a reasonable time, a much higher bid for a lease of the Southwestern Railroad, from parties as responsible as any in the world. We are not talking idly in this business. The proprietors of the Southwestern Rail road should, therefore; it seems to us, consider whether they are making their best arrangement «n/U» this bargain—whether they cannot do better as to price, and whether it would not be far more to their interests to retain control of this magnificent property, as an independent road, responsive to the interests of the people tributary to it, and open in their own advant- . age to the natural developments of the country, rather than to merge itinto an immense combina tion, which will wield its power solely for through freight, and without much regard to tho equities of the situation. (■ It behooves the people of Macon to put on their thinking caps. Such an arrangement puts the cotton trade of the town substantially in the hands of this combination, and there are those who say, so far as our warehousing, storage and sales of cotton are concerned, the place will be a way station hardly more important than Gris wold ville. With the imperfect lights before us we do not now propose more than simply to call the attention of all parties interested to the negotiations alleged to be on foot. The LegiHlatare and the Supreme Conrt. From Putnam County. The Eatonton Press and Messenger of Tnes- Ourfriendof that highly intelligent paper, the j d a y> announcesthe formation of a Joint Stock Columbus Enquirer, lets'ns know that he is not j Fair Company, "to take exclusive management one of the papers who consider the Legislature jand control of the Animal Agricultural Fair of “a court” and its decisions upon the qualifies- I Putnam county. The shares of stock are valued lions of members “judicial proceedings.” Well, j at five dollars and individual subscriptions may we are glad to count him out of that for it I not exceed forty shares. We know of no coun- don’t hold water at all. j ty in Georgia which seems to exhibit so active But the Enquirer puts its argument for the ;a public spirit as Putnam, independence of the Legislature over the ruling j Tmaix-nvE Bushels op Wheat to the Acre. of the Supreme Court on another ground, to j The same paper learns that a gentleman in Put- wit: Hold Your Temper. The Savannah News, quoting from the Tele graph the prediction of a Washington writer, that if the Legislature refuses to reseat the ne- grosB, Congress will do it, with the application of very unwelcome tests to the white members, says: We hope no such counsels or threats will in fluence the Legislature to stultify and disgrace itself. It is either a Legislative body, with all the rights, powers, and dignity of such a body, or it is a mockery. If it has no authority under the Constitution adopted by the Convention, ratified by the people, and approved by Con gress, to legislate and make laws that shall be respected and obeyed, but is to conform its ac tion to the caprice of the Radical Junta in Washington, then let itadjoum, and let lawless usurpation and military despotism take their course. We may be powerless to resist further insult and outrage, but we can refuse to be the passive instruments of our own abasement. The News has no greater repugnance to ne gro officials than we, but we are bound, in coun selling the people, to discard temper and adopt the plain suggestions of common sense. Unfortunately, in this case, the Legislature will be called upon to conform its action, not as theNewssays “to the caprice of the Radical Junta in Washington,” but to the solemn affirmation .of what is constitutional law' in Georgia, by the Supreme Court of the State. That makes a very great difference in the moral and legal attitude of the course suggested by the News. Does the News really me an to counsel the Leg islature to a permanent disregard of this deci sion? This seems to be the drift of his indig nation—but if not, how will this Legislature “stultify and disgrace” itself by conforming to the Supreme law more than the next one ? Cer tainly none at alh The Legislature is bound by its oath to preserve, protect and defend the Con stitution, and not to violate it It has ejected the colored members under a constitutional in terpretation which has been overruled by the Supreme Court, whose decisions (however er roneous they may be), are conclusive of the law. A compliance with this decision on the part of the Legislature, will, therefore, not only be not disgraceful and self-stultifying, but will com mend it the more to popular respect and confi dence as a law abiding body. So long as no Supreme judicial decision controlled the Legislature that body had a per fect right to the exercise of a private judgment in the premises. But when judgment has been constitutionally declared, it is no self-stultified iion—no disgrace—to conform to the decision. Again, the News does not tell ns what is to be gained by a contumacious and violent course in the premises. And what can be gained f What profit in postponement or contumacy ? He says “let lawless usurpation and military despotism take their course.” That they can do, any how, as well without our permission as with it. We cannot help ourselves. But it is not the part of prudent and wise men to throw up our stakes in a pet. We have too much at hazard. Georgia is our home—we have got no other—we can go no where else—our wives, our children, our property are all here and we want to make Georgia just as comfortable and pros perous as the case will admit. If we were going to smash things up generally because they are wrong-end-foremost and topsy turvy, we should have begun the work long ago. ATI we can do now is to save the pieces and make the best of a bad case. It is no time now to take the studs on these ill-timed and falsely raised pnnetilioes—but it is a time for sober and careful deliberation and the exercise of all the judgment and discretion we possess. This is the view wo take of matters, and earnestly commend the same course to the politicians and the people. A Fine Cotton-field. We have a stalk of Cotton from the plantation of Mr. G. R. Keene, near Oglethorpe in Macon county, which is thirty inches high, three-quar ters of an inch in diameter at the butt, and fifty- eight blooms and squares upon it. The stalk is ' from a field of fifty acres, and we are assured is a fair average of the whole. Indeed, the gentle man who brought it says he counted eighty-three blooms and squares upon another stalk. ' A lady, who has just returned from passing the winter in Florida, states that a planter made his appearance in town from the depths of the everglades, bringing with him two negroes for sale ! He was actually ignorant that there had been a war 1 Imagine his feelings at the sud den depreciation of his movable property. News. The ability of the female tongue to keep a se cret is proved by the oondnot of a St. John'i girl, who did not tell her lover that she was worth four millions in her own right until after their marriage. Commodore Nutt and Miss Minnie Warren were married at West Haven, Conn., on Thurs day. Miss Polly Collins took up Robert Knowles for not fulfilling his promise to many her. The f ist of the eviaenoe turned out thus: “I asked oily if she would have me, and she answered, Yes; but I did not tell Polly I would have hen” That made-it fcad'f^PcDj,. We claim the Legislative right in this matter as one of the express grants of the Constitution —a grant made for the purpose of enabling it to protect its body from the intrusion of incompe tent or improper persons. It is no more an in fringement on the judicial powers of the Su preme Court, than it is an infringement on the elective powers of the people. It may be re garded as a restriction upon both, but it is a constitutional restriction; and any attempt of the court or of the people to deprive the Legis lature of it makes the court or the people an ag gressor upon the constitutional attributes of the Legislature. That is the broad view which we take of it. The Courts of this State have the right to judge of the qualifications of persons wishing to practice law at their Bars—have the right to say who shall and who shall not be admitted. Is this any infringements on the rights of the citizens of Georgia? Is it not rather the exer cise of a power delegated to enable the Courts to protect themselves from the intrusion of im proper or incompetent persons? And if the Courts reject an applicant, has the Legislature any right to foist him in against their decision ? We maintain that the action of the Courts and the Legislature in this matter is separate and conclusive, and that neither trenches on the rights or the jurisdiction of the other, in exer cising its exclusive powere,however capriciously. Suppose the decision of the Supreme Court goes to the length of establishing the qualifica tions of Abram Smith, illiterate colored man of this county, to a seat in the Legislature: Will the Telegraph be good enough to tell ns how the Supreme Court can enforce this decision ? What process will it use? what constabulary force will it put into requisition? Courts have machinery enabling them to carry into effect their judgments on matters legally committed to their jurisdiction. This they can do by pro cess established and by subordinate tribunals and officials. And where no such process or tribunals or subordinates can perform a particu lar act, the strong presumption is that that act is not within their jurisdiction. In this case we know that it is within the constitutional juris diction of each house of the Legislature, and that each house has officers and a modus oper- andi just suited to the case. The Court has decided that negroes* have the right to hold office in Georgia. But this decision is of coarse restricted by any provirions of the Constitution modifying it, or inconsistent with it. If the Constitution entrusts to some other tribunal the decision of tho question whether negroes are eligible to any particular office or position, the judgment of the Court cannot make them eligible to that position. It cannot give them seats on the Bench or seats in the Legislature. Further action by the Courts or by the Legislature is needed to do that. The Supreme Court did not have before it the ques tion whether any negro applicant was entitled to a seat in the Legislature, and therefore (con sidering its judgment in connection with tho constitutional powers of each house above re ferred to) it did not decide any such question. Does the Telegraph really believe that if our colored claimant (Mr. Smith aforesaid) should apply to the Supreme Court to give him his seat in the Legislature, that Court would grant his prayer, or make any decision in the case ? Our strong conviction is that even Brown and McCay would remand him to the Legislature as the body having exclusive jurisdiction in the matter. The views of the Enquirer are, indeed, very “broad”—so broad that they cannot possibly be sound. Can he be serious in laying down the premise that the action of the Legislature in de ciding upon the qualifications of members is exclusive and conclusive, however capriciously exercised ? If so, then all those provisions of the Constitution granting the right of suffrage and representation to the people are annulled by the other grant of power to the Legislature to determine the qualification of members! Can this be true ? Is it possible that the power reposed in the Legislature, to determine wheth er A or B is duly elected, according to law, can be Constitutionally exercised to exclude whole peoples or districts from representation, or im pose upon them representatives they have not elected, and there is no remedy, “however ca priciously” the Legislature may choose to work their will in the premises? Then any, and all acts of the Federal Congress to exclude Demo cratic members are Constitutional. nam county, after having his wheat thrashed and measured up, fonnd that it had yielded thir ty-five bushels to the acre. We wish the Press and Messenger had given us the particulars— how many acres, and how treated—for this is certainly a remarkable wheat crop. We add the following from the Press and Mes senger : Oats.—Captain W. T. Reid has laid on our fable a bunch of oats—forty stalks, all from one seed. These stalks measured from three and a half to five feet, with heads ten to fourteen inches long, and well filled. They grew on the premises of Mr. R. J. Wynn, a few miles from town, and are an evidence that oats as well as wheat, com and cotton, will produce well in Mid dle Georgia. Cotton.—Some of our planting friends seem to think this crop is ten or fifteen days behind last year, while others, with whom we agree, contend that it is fully up, and presents a much better appearance than then. Since the late rains it has improved greatly, and is now grow ing as rapidly as could be desired. The lauds being free from grass and in good condition, at this time, onr farmers anticipate bnt little dan ger of falling behind with their work. The first “bloom of the season,” last year, was laid on onr table, Jnno 20th, by Colonel R. B. Nisbet; this year, we have seen no bloom, as yet, bnt are informed by Mr. S. B. Marshall that he has cotton blooms in his fields, thus showing that it is as far advanced as last year. Laborers.—The farm laborers in this country are working remarkably well, and attend to their own business closely, thereby giving farmers bnt little trouble. Reliable gentlemen inform us that by giving them proper attention and di rection, they are enable to get as much work out of the freedmenas they ever could, during the time of slavery, and much more than they have been able to get out of them, any previous year since freedom. Warm.—The weather for the last few days, has been the wannest of the season. It may be good for farmers and their growing crop; but it is “heavy” on the poor devils of the town and villages, who have an opportunity of giving their lazy propensities full play. They suffer, sure! An Ego Within an Egg.—We have in our po- sesrion a curiosity. It is nothing more nor less than a hen’s egg with a small one—a perfect egg, too—shell and all, complete—enclosed with in it. The bare statement of the position is its own best confutation. Against it we assert that the Constitution of the State is supreme; and that it cannot invest any of its creatures with power to trample upon the rights of the people, recog nized and defined in that instrument, or inter preted and explained by its lawful exponent. The Constitution is the handiwork of the People, explaining and declaring their fundamental rights. The three departments of government are the creatures of the Constitution, called into existence by it and by the people, solely to de fend these rights. To assume, therefore, that the Constitution empowers these, its creatures, innocuous to strike a deadly blow at such a fun damental popular right as that of representa tion, is indeed an impossible assumption. The right, therefore, to judge of the qualifications of members, must be a right to be exercised within the clear provisions of the Constitution, and their Constitutional interpretation by the Supreme Court. What has the usage of the Courts in judging the qualification of persons admitted to practice before them to do with this matter ? The prac tice of the law is a privilege—the right of repre sentation is a constitutional right. If the Con stitution declared that every male citizen of twenty-one and upwards should be authorized to practice law, and the courts should be the judge of the qualifications, does our friend intend to say that under this privilege of determining the qualifications, the courts could decide that none bnt those citizens of certain districts or counties or families, or races could practice law before them ? Clearly his common sense would revolt at such a constnction. He would say to the courts: “ Under this grant you have the right to determine whether the applicant is twenty- one years old and whether he is a citizen of Georgia. Here your power and discretionstop.” So it is with members of the Legislature under a similar grant It is their dntyfto ascertain that the certificate of membership is genuine. That the election was legal and the Representa tive a lawful claimant of the office. Here their discretion stops. To arm them with universal and all-comprehensive power, in the premises, is to destroy the Constitution and defraud the people. Who makes the Legislature ? The Constitu tion and the action of the people under it! These comprehend every warrant of power that any legislator possesses, and are we to be told that one-half of a legislature can, of their own caprioe, exclude the remainder, possessing equal warrant from the Constitution and the people ? Now, as to remedies—we can perhaps imag ine remedies, but it is not onr business to point them oat. There are no strictly judicial reme dies against some errors and malfeasance in other departments. All we can say is, that no man can snccessfnlly dispute these postulates: The Constitution is the supreme .law—the Judi ciary the supreme interpreter—the people are the original repositories of right and power*— the defences they have set np in the Constitu tion must be respected, and no creature of the constitution can possibly possess the lawful right to impair or destroy them. All are sworn to preserve and protect them, and that oath is conclusive against all special pleadings or pre texts by which an invasion of . the fundamental rights of the peopi^may be justified. > / Gunpowder Hammer. A new invention, known as the gunpowder hammer, has been tested in Philadelphia. Last week the first public exhibition of Thos. Shaw’s gunpowder hammer, as applied to pile-driving, took place at Lynn’s ship-yard, Reed street wharf. Mr. Shaw acted as engineer, and a committee consisting of W. W. Wood, Esq., chief engineer of the United States Navy, T. J. Lovegrove, Esq., inspector of boilers, and H. L. Hoff, Esq., of the Eagle Iron Works, kept the record. They report the following result: The cartridge used contained one-third of an ounce of gunpowder, the hammer weighed 675 ponnds, and the cylinder or gun 1,500 pounds. This was loaded and fired fifty-five times in one minnte and a quarter. The Bnlletin says: “The driving power is eight times as great as that of the steam hammer, and the speed ten times. The rapidity of the movement allows the pile no rest, thereby overcoming the lateral pressure. The motive power is always ready, and there is no waste of power as. with steam. The piie requires no ringing, and the force being applied in the form of a squeeze, the pile is driven home without the slightest injury or indication of the means employed. The exhi bition was a complete success, exceeding the expectations of the inventor and his friends.” Mason Tiller, plaintiff in error, vs. D. Sprad- ley, agent for Green J. Jordan. Motion for new trial, from Lee. Warner, J.—Where a note was given to the ilaintiff for two; hundred and twenty-five dol- are, for cotton seed for Green J. Jordan’s plan tation, and signed J. Spradley, Agent for Green J. Jordan: JBelt, that this was a contract of Jordan, the principal, and not the contract of Spradley, the Agent, the more especially as the evidence in the record discloses tho fact, that the agency was made known to the payee of the note at the time it was given, and that the cot ton seed was purchased for Jordan, and not for Spradley the Agent. The suit should have been brought against Jordan, and not against Sprad ley, me Agent; and the fact that Jordan filed a plea in the case ns a defendant, alleging that the cotton seed was worthless, did not necessarily make him a party to the original suit against Spradley, and there was no error in tho conrt below in refusing the order to make him a par ty, inasmnch ns Jordan was not named as a de fendant in the original suit, and not being named a defendant in the original snit, the fil ing of his plea did not make him a defendant where no process was prayed against him as such. The verdict in favor of the defendant Spradley was right under the law and the facts of the case, and there was no error in the conrt below in refusing the motion for a new trial. Judgment affirmed. C. B. Wooten, W. A. Hawkins, D. A. Vason for plaintiff in error. George Kimbrough, F. A. West, by G. J. Wright, for defendant in error. A royal marriage is announced to take place at Stockholm or Copenhagen on the 27th of July, which will be of unusual interest, because it may lead to a union of the kingdoms of Swe den and Denmark. Prince Frederick,.the heir apparent to the crown of Denmark, is to marry the Princess Louisa, the only child of the King of Sweden, and heiress presumptive to his crown. The Prince is twenty-six years of age and the Princess nearly eighteen. Upon the death of the reigning mon&rchs of the two kingdoms, the crowns will probably be united. Bnt as the King of Denmark is only fifty-one, and the King of Sweden only forty-three, it may be a good many years before this consum mation can be reached. A Novel Expedient* Property holders in Washington are becom ing disgusted with their negro government. A correspondent says: “ There is a report enrrent whichif ithasany solid foundation in fact, will increase the amount of property advertised for sale considerably the next year or two. The report also involves to some extent questions of politics and economy in our city affaire. It seems, so the report goes,. that a large number of our wealthiest property holders are much dissatisfied with the present management of city affairs, and say that tiie money realized from taxes and other sources is being squandered by the corporation authorities. They therefore propose to refuse to pay any taxes next year,and allow their prop erty to bo advertised for sale for the non-pay ment of the taxes. They will then have a year or two under the law in which to redeem their property, and by that time they hope the man agement of city affairs will be m other and bet ter hands. The remedy for this, is deemed an original and singular one to adopt, bnt it is nev ertheless very seriously suggested by a great many of the largest property holders. What they desire is that other hands shall expend the monies of the corporation, and believe they can accomplish their end by the course pro posed.” From Rome. The Courier of Torsday has the following: Crop Prospects.—So far as fine seasonable rains are concerned, perhaps no year has ex celled the present one, for the growing crops.— The yield of wheat in this section is a little above an average crop of most excellent quali ty; the com has rarely promised better, and the cotton, though in many places the stand is poor —has come out wonderfully in the past ten days and now promises nearly an average crop. First Sale op New Wheat.—Mr. J. J. Cohen bought the first crop—about 150 bushels—of new wheat in this market, last Tuesday, at §1 G7L The wheat was raised on the farm of Col. W. S. Cothran, near this city. From Griffin. The Middle Georgian of yesterday says: Rain.—Onr city and surrounding country was visited with a heavy rain and wind storm on yesterday evening. ‘ The wind was very heavy about ten miles below here, and laid oats level with the ground. Best Wheat Yet.—Mr. T. J. Threlkeld,of our city, has just thrashed out a brag lot of wheat, and the result is 58 bushels to the acre. As 46 is the highest we have heard of elsewhere, we claim 12 better. Crops in Pike. The Bamesville Gazette, of Thursday, says: The prospects for a good crop were never more probable than at present—we hare had rain in proper season, and com and cotton are looking better than usual at this time of the year, owing to the almost universal use of fer tilizers. Those who haven't used guano this year have determined not to be so silly again. Wheat is turning out very well, and oats are very promising. The “Peace Jubilee, it is said, was originally proposed by Mr. Gilmore, to be held in New York, bnt that city gave him the cold shoulder. Gen. Butler is said to have an eye on a seat in the United States Senate, but, owing to his obliqne vision, no one can. tell whether it is Sumner’s or Willson’s. A bold woman in New York says that “Fe- . male Suffering’’ is a more important subject for 1 discu^sioj\ than ‘Temale-Suffrage.” i Decisions of the Supreme Coart of Georgia. delivered at Atlanta, Tuesday, June 2 2d. From the Atlanta Constitution.] Win. E. Smith. Plaintiff in error, vs. Gso. M. Lawton, deftndant in error. Garnishment, from Dougheity. Warner, J.—’Where an attachment had been sued out in favor of the plaintiff, against a de fendant, who was afterwards declared a bank rupt, and a motion was made to make the assignee of sail bankrupt a party plaintiff in the attachment stut, in the place and stead of the original plaintiff in attachment, which motion was refused bythe Court: Held, thatthere was no error in thejndgment of the Court below in refusing to allow the assignee of the bankrupt to be made a iarty plaintiff In the attachment snit. Judgment ^firmed. Strozier& Smith and D. A. Vason for plaintiff in error. 1 Wright &j Warren, Hines & Hobbs for de fendant in eiror. Frank P. iimitk, plaintiff in error, v t s. Ham lin J. Cook, defendant in error. Contempt— from Baker. Warner, J Where a defendant had been enjoined fron removing and disposing of cer tain cotton, yhich had been placed in the hands of a receive: appointed by the court, and after, ward, the de endant was declared a bankrupt, and it appea ed from the evidence that the de fendant toidlhe agent of the receiver who had the cotton inpossession, that the plaintiff’s in junction hat been settled or disposed of, and that he had umed over four bales of said cot ton to his co nsel in bankruptcy; when, in fact, the injnnctic i bad not been settled or disposed of, but the omplainant in the injunction bill was still clan ing the cotton under a mortgage lien; and whin ihe defendant’s counsel in bank ruptcy, flith Wb assent of the defendant, took possessionof said four bales of cotton for his fees to take the defendant through the bankrupt court, and hod sold the same : Held, that this court will not control the discretion of the court below upon the state of facts disclosed by the record, in holding that the defendant had vio lated the injunction, and was in contempt of the order and piocess of the court. Judgment affirmed. Vason & Davis for plaintiff in error. Strozier & Smith for defendent in error. ■BTST TELEGRAPH. From Washington. Washington, June 24.—Among the President's appointment to West Point, promulgated to-day, is a son of Col. Crane, of Ohio, recently killed at Jade- eon, Miss. Gen. Grant's present intention is very reliably stated to be to issue an election proclamation about the 10th of July for Mississippi, to be held about the 15th of September, and for Texas about the 1st of October. Reynolds telegraphs Gen. Sherman that Texas is quiet and ready for a fair election. Revenue, to-day, $886,000. Gen. Sherman has gone to Sb Louis. Gen. James A. Ekin acts Quartermaster General during Meig’s absence. It is stated that Senator Fenton secured But terfield's appointment, vice Van Dyke, and that Boutwell is not entirely satisfied. Quartermaster Gen. Meig’s father is dead. Three daughters of Rev. D. B. Nichols were ap proaching the city to school to-day, and a negro seized the eldest, a girl of seventeen, and ravished her. He escaped, notwithstanding the screams of her sisters—younger girls of thirteen and fifteen— in the meantime heating the brute with sticks and stones. The girls were white pupils of the Howard University. Their father was formerly well known as the Superintendent of the Contraband Camp, on the comer of Twelfth and Ninth streets. All tho New York papers have accounts of the escape of Cob Ryan, with four hundred men, to Jersey City. The Marshal, with a revenue cutter, followed, but the numbers of the Cnhans deterred arrests. Marshal Jowney, Col. Ryan’s custodian, was fonnd gagged. Leonard Huyck, formerly president of the de funct merchants’national hanks, recently sentenced to the penitentiary, was before the court to-day, on a motion for a new trial, when all indictments were dismissed, and Hnyck discharged. The Department has advices from McMahon to April 21st. He was well. His relations withiopez are friendly. Earlier communication was prevented by the allies. Isaac E. Bower, administrator, eto., vs. Ham lin J. Cook. Motion to dismiss bill of excep tions from Dougherty county. McCay, J.—1. An order of the Judge of the Superior Court directing process to issue for the seizure and sale of the property claimed to be subject to a lien, under what is called the “Steamboat law,” is not such a judgment or de cision of the Judge, as may be excepted to, and brought by bill of exceptions to this Court. Case dismissed. Hines and Hobbs, And B. B. Bower for plain tiff in error. . D. A. Vason, R. Lyon, for defendant in error. Jake Collier vs. The State. Assault with in tent to murder, from Dougherty county. McCay, J.—I. The charge of the Court under the facts of this case was not an error. If a man shoot, with a pistol, at another, and hit him, the law presumes, prima facie, that he did it with malice. Nor does the proof that the parties had been friendly, and that the per son shooting exjressed regret immediately after wards, rebut ue presumption. One has no right to shoot at another, with a loaded pistol, in sport. If he does so, he is responsible for the consequence, and the law will imply mal- J ice from the recklessness of the act. H. Morgan, fer plaintiff in error. R. H. Whitelj, Solicitor General, defendant in error. From Virginia. . ",. , ; Richmond, June 24.—A fight occurred at the reg istration office' in a lower ward this afternoon, in which Joseph Kelly, a prominent Conservative of the ward and a politician, was mortally wounded and two policemen shot. Kelly was remonstrating against the arrest of a man whom the police had taken, when Capt. Callahan, of the police, and sev eral privates took hold of him. Callahan, who had had a personal feud with Kelly, shot Mm through the body. Two policemen were slightly wounded— one by Kelly, and the other by a random shot from Callahan. Callahan was arrested and bailed to ap pear. The registration here closed to-day—the wMtes having overcome the black majority and gotten a wMte majority of three hundred. From Mississippi. Jackson, June 24—The Conservative Republican Convention, wMch adjourned last night, organized a National Union Republican party of Mississippi, and passed resolutions looking to an early restora tion of tho State government in strict accordance with the reconstruction laws; setting forth the re peated failures of all former and existing organiza tions to restore the State and meet the requirements of the Republican spirit of our institutions, by in sisting on measures of proscription far exceeding the provisions of the Constitution of the United States and reconstruction acts, that have rendered them unworthy of the respect and confidence of the voters of Mississippi; favoring the proposed 15th amendment; deprecating the attempt to : pose greater restrictions than those imposed by Congress; unwavering support of Gen. Grant; favoring universal suffrage and universal amnesty, on the reconstruction of the State; Federal rela tion pledged to urge Congress to the removal of political disabilities incurred by participation in the rebellion;*Central Executive Committee authorized to issue an address to the people and call a State Convention to nominate State officere whenever expedient Entire harmony prevailed. TheYerger trial has not closed. Further testi mony is designed to establish the insanity of the accused. Can White* and Blacks Intermarry in Georgia? the question decided by the supreme court. Front the Atlanta Intelligencer, of the 234.] On the question of the legality, under the laws of Georgia, of the intermarriages of whites and persons of color, the Supreme Couet yes terday rendered the following decision. Chief Jnstice Brown stated that in the case of Charlotte Scott, 'l Plaintifl' in error, | Indictment for adultery vs. J- and fornication. From The State of Georgia, Dougherty county. Defendant in error. J the following were the points decided by the Conrt: 1st. The Code of Georgia adopted, by the new Constitution, forever prohibits the marriago re lation between wMte persons and persons of Af rican descent, and declares such marriages null end. void. . 2. This section of the Code is not repealed, by nor is it inconsistent with that part of the Con stitution which declares that: “The social status of the citizen shall never be the snbjeot of legislation.” That clause of the Constitution absolutely denies to the Legislature the power to pass laws in future regulating the social status or compelling the two races to unite in social intercourse. As the laws then in existence al lowed churches, for instance, to determine for themselves who should occupy their seats, and where they should sit; and permitting railroad and steamboat companies, and hotel-keepers, to classify and assign places to those using their accommodations, according to social status and grade as they might think proper; the Consti tution puts it beyond the power of the Legisla ture to enact any law compelling them to make different classifications, or to group together in social intercourse those who do not recognize each other as social equals. As the social relations of citizens are not the proper subjects of legislation, the Constitntion has wisely put the matter at rest, by denying to the Legislature the power to repeal or enact laws on that subject. JUDGE McOAY spoke as follows: In the decision which has just been prono-"» ed, I agree with the judgment of the court, To with the general tenor of the reasonings of iV Chief Justice. 8 J I wish to say, hqwever, in order that I . , B not be misunderstood, that I place the THE CHIEF JUSTICE DELIVERED THE OPINION AS wholly U P OU the gTOU^d that L law pr^ _ , . .Yt**** 0 " mam a aft relations KpHtaatt nnrcnrio i. 1. The record in this case presents single question for the consideration and adjudication of this Court. Have white persons and persons of color the right, under the Constitution and laws of Georgia, to intermarry and live together in this Slate as husband and wife ? The ques tion is distinctly made, and .it is our duty to meet it-fairly, and dispose of it. , The Code of Georgia, as adopted by the new Constitution, section 1707, forever prohibits the marriage relation between the two races, and declares all such marriages null and void. With the policy of this law we have nothing to do. It is onr duty to declare what the law is, not to make law. For myself, however, I do not hesitate to say, that it was dictated by wise statesmanship, and has a broad and solid foundation in enlightened policy, sustained by sound reason and common sense. The amal- gation of the races is not only unnatural, bnt is that the people of the States lately in rebels shall accord to the colored race equality of rights, including the ballot, with the 4roti teetion under the laws which are afforded white raoe, they have neither required oV the practice of miscegenation, nor have ts claimed for the colored race social eqn«l;^ with the white race. The fortunes of war h, compelled us to yield to the freedmen the S rights above mentioned; but we have neittT authorized nor legalized the marriage rel»ti ** between the races, nor have we enacted 1* ° S or placed it in the power of the LegidST’ hereafter to make laws, regulating the status, so as to compel our people to meetft colored race on terms of social equality Snv a state of things could never be desired bva thoughtful and reflecting portion of either WT It could never promote peace, quiet, or order in any State, or community. laws are of force in any of the Northern Sta* so far as I know, and it is supposed, no Y* 1 siderable part of the people of any State darf to see them enacted. Indeed,' the most lute and despotic governments do not att,» to regulate social status by fixed laws or to- force social equality among races or cW = ‘ without their consent. As already stated, we are of the opinion the section of the Code which forbids intern riages between the races, is neither inconshH i with, nor is it repealed by, the section of tC Constitution now under consideration, r therefore, stands upon the statute book of £ State forever prohibiting allsuch marriaws declaring them to be null and void. 8 2 “ J Let the judgment of the Court beV i affirmed. ‘ ‘ When the Chief Justice had delivered tV a cision— Qt ‘ maniage relations between persons of color an whites is not a law having any reference to th* social status of a citizen. Foreign News. Paris, Juno 24.—Prince Henry, of Bourbon, is a prominent candidate for the Spanish thorne. He married Miss Payne, the American heires. London, June 24.—The Bank of England has re duced the rate of interest to 314 pence. General News, Columbus. Ohio. June 24.—The Republican Con vention has nominated R. B. Hayes, for Governor. William Eolei, et aL, plaintiff in error, vs. E. W. Seabrook, tdministrator, eto.. defendant in error. Motion to Distribute Money, From Dougherty. McCay, J.—1. A landlord may collect his rent by a distress warrant, even though the rent be payable in specifics, the value of which is not fixed by the contract 2. When there is a contract for rent of real estate, it is none the less a renting, that it is agreed that the tenant may have the use of the mules, tools, gin, and other personal property actually on the place, forming part of the ma chinery for carrying on tho farm, and a distress warrant will be for the whole sum agreed upon. 3. When there is no day fixed for ihe pay ment of rent, bnt it is payable in specifics to be made on the place, and it is agreed that “it is to be first taken from the same,” tho rent is duo in a reasonable time after a sufficiency of the crop, alluded to, to pay the rent, is gathered, and ready for delivery. 4. Section 2263 of Irwin’s Code, protecting the crop against levy, under process against the tenant, only applies, where the rent is a frac tional part of the crop, and not where it is a fixed amount. 5. The lien of the landlord, for his rent, upon the crop made is superior to all other lienB. 6. The liens, provided for bythe Act of 18C6, in favor of landlords, Factors, etc., upon crops, and growing crops attach from the date of the agreement, and the oldest taken is of the high est dignity. Judgment affirmed. Stiozier and Smith. Jno. A. Davis, for plain tiff in error. Hines and Hobbs for defendant in error. John Doe, ex dem., E. Granniss vs. Richard Roe and Samuel D. Irwin, tenant. Ejectment from Baker county. McCay, J.—L It is the presumption of law that an officer has done his duty, nnd his official acts will be presumed to have been done rightly until the contrary is shown. 2. Where a deed, purporting to have been at tested by a magistrate and recorded thereupon, was offered in evidence, circumstances tending to show that the magistrate’s name was affixed subsequently to the exeention of the deed, are evidence for tho jury, and it is error in the Court to withhold the deed, as not recorded. 3. If the evidence is pertinent the Conrt should leave it to the jury, under his charge as to law. Judgment reversed. Vason & Davis, for plaintiff in error. S. D. Irwin, for defendant in error. Gettixg up Hill on the Pacific Railroad.— A correspondent of the Ban Francisco Bulletin ijives an amusing account of a journey np hill ay rail on the Union Pacific Railroad between Echo and Wasatch. The hill is ascended by means of a Z, the train running up to a switch, then backing up the next gradient and finally forward. On the trip described the engine once or twice failed to reach the upper switch, and after running back, gathering speed and push ing with all force, came to a dead stand a few rods from the desired point. The engineer then had all the brakes set and leaving the trail! standing went down the hill and running np again struck the train with some force to endeavor to start The battering ram plan only succeeded in shaking the passengers from their seats. One more trial in the proper way took the train to the top. Married men live longer than single ones. In 1,000 persons sixty-five marry, and more mar riages occur in June and December than in any other month of the year. , A Chicago paper advises Elisha Sprague, if be wants a rich wife, to pay the verdict and marry Amanda. v ’ » ' “TlEi i - . ■) The Steel Capped Bail. The invention by J. L. Booth, of Rochester, N. Y., of a process for capping iron rails with a solid cap of steel about one-half or five-eighths of an inch in thickness, in the opinion of the most experienced railroad men who have ex amined it, meetsthe requirements of safety and durability. . The rail is described as consisting of an iron base with a steel cap, united to the base not by bolts, screws, rivets or weldings, but simply by clamping. The iron bar is rollep of the required form and weight, after which it is passed through the compressing machine, which* clenches powerfully upon it the heavy steel cap. Ihe subsequent action of weight upon it, as the passage over it of heavy trains, is to grip the iron more and more firmly, until the base and the cap become as firmly united os if they were a single piece of metal. Over the experimental rails laid down two years ago near the depot in Buffalo, have passed 40,000 en gines and 500,000 care. The iron rails adjoin- ing opposite them have, in the interval, been six times renewed. No change is as yet observa ble in the steel-capped rails, and to all appear ance they bid fair to wear out twenty succes sive sets of the ordinary sort. Two of the rails were also laid on the New York Central Railroad, at Rochester, New York, June 7, 1867. On one the cap was loose, and even rattling; on the other it was firm. They were laid continuously and with the old style of chairs. They were placed where seventy en gines and trains daily passed over them on the mainline, and where the track was used con stantly for switching and making up of trains. The rate of speed over them varies. The through freight trains are frequently joined at this point, three or four in one, to ascend an upgrade. They pass over these rails often at the rate of twenty-five or thirty miles an hour. The loose cap rail became tight in a very short time and both are now in perfect order. Four sets of iron rails have been completely worn out, and new sets replaced, on the opposite side of track, dur ing the period of time these duplex rails have been down. From this it would appear that we need no longer import steel rails,-which can be made here as well as in England. The matter is worthy of the careful attention of railroad men throughout the country. The Peace Jubilee—Closing Scenes. — A telegram from Boston, dated June 19, says: The closing performance of the National Peace Jubilee was given to-day by from 7000 to 9000 school children, attracting a large and de lighted audience. Ole Boll performed a solo, Parepa Rosa and Adelaide Phillips sang a duet, and other pieces were given, all of which were encored. The closing piece, “The One Hun- dreth Psalm,” was sung by the children, the au dience joining. Several children, overcome by the heat and excitement,fainted daring the con cert, bnt they received immediate attention and sustained no serious injury. The members of the orchestra presented Mr. Gilmore with a gold watch and chain. Another dispatch says: The dust in the neighborhood of the Colisenm is six inches deep, and about three and a half o’clock a sudden gust of wind caused the vast throng of persons there assembled to look as if they bad just come out of a flour mill. The ex clamations of the richly-dressed ladies may bet ter be imagined than described. Some of them were to be found neither in Lord Chesterfield’s Code, nor in the Bible ! All sorts of four wheeled vehicles are pressed into service as temporary stage coaches. Com- always productive of deplorable results. Our daily observation shows ns, that the offspring of these unnatural connections, are generally sickly and effeminate; and that they are in ferior in physical development and strength, to the full blood of either race. It is sometimes urged that such marriages should be encouraged for the purpose of elevating the inferior race. The reply is, that such connections never ele vate the inferior race, to the position of the superior; bnt they bring down the superior to that of the inferior. They are productive of evil and evil only, without any corresponding good. I do not propose to enter into any elaborate discussion of the question of policy at this time, bnt only to express my opinion, after mature consideration and reflection. The power of the Legislature over the subject matter when the Code was adopted, will not, I suppose, be questioned. The Legislature cer tainly had as much right to regulate the mar riage relation, by prohibiting it between per sons of different races, as they had to prohibit it between persons within the Levitical degrees, or between idiots. Both are necessary and prop er regulations. And the regulation now under consideration is equally so. 2. But it bas been urged by the learned coun sel for the plaintiff in error that the section of the Code under consideration is in conflict with the eleventh section of the first article of the Constitution of this State, which declares that “ The social status of the citizen shall never be the subject of legislation.” In so far as the marriage relation is connect ed with the social status, the very reverse is true. That section of the Constitution forever prohibits legislation of any character; regulat ing or interfering with, the social status. It leaves social rights, and status, where it finds them. It prohibits the Legislature from re pealing any laws in existence, which protects persons in the free regulation among themselves of matters properly termed social, and it also prohibits the enactment of any new laws on that subject in future. As illustrations: The laws in force when the Constitution was adopted, left the churches in this State free to regulate matters connected with social status in their congregations, as they thought proper. They could ssy who should enter their church edifices and occupy their seats, and in what order they should be classified or seated. They could say that females should sit in one part of the. church, and males in another; and that persons of color, should, if they attended, occupy such seats as were set apart for them. In all this they were protected by the common law of this Btate. The new Constitntion forever guarantees this protection by denying to the Legislature the power to pass any law withdrawing it; or regulating the social status in such assemblages. And I may here remark that precisely the same protection is guaranteed to the colored churches, in the regulation of social status in their assemblages, which is afforded the whites. Neither can ever intrude upon the other, or in terfere with their social arrangements without their consent. The same is true of railroad, and steamboat companies, and hotel keepers. By the law in existence at the time the Constitntion was adopt ed, they were obliged to furnish comfortable and convenient accomodations, to the extent of their capacity to accommodate all who applied; without regard to race or color. Bnt they were not compelled to put persons of different races, or of diff erent sexes, in the care or in the same apartment; or to seat them at the same table. This was left to their own discretion. They had power to regulate it according to their own no tions of propriety, and to classify their guests, or passengers, according to race or sex; and to place them at hotels in different houses, or dif ferent parts of the same house; or on railroads in different cars; or on steamboats in different parts of the vessel; and to give them their meals was an; at different tables. When they had made pub- surren' lie these regulations all persons patronizing them were bound to conform to them. And those who did not like their regulations must seek accommodations elsewhere. There was no law to compel them to group together in social connection, persons who did not recognize each other as social equals. To avoid collisions and strife, and to preserve peace, harmony, and good order in sooiety, the new Constitution has wisely prohibited the Leg islature from enacting laws, compelling these companies to make new social arrangements among their patrons or to disturb those in exis tence. The law shall stand as it is, says the Constitution, leaving each to regulate such mat ters as they think best, Rnd there shall be no legislative interference. All shall be comfort ably accommodated, but you shall not be com pelled by law, to force social equality, either upon your trains, your boats, or your hotels. The same remarks apply to the regulation of social status among families, and to the social intercourse of society generally. This, in my opinion, is one of the wisest pro visions in the Constitution; as it exclndes from the halls of the Legislature, a question which was likely to produce more unprofitable agita tion, wrangling and contention, than any other subject within the whole range of authority. Government has full power to regulate civil and political rights, and to give to each citizen of the State, as our Code has done, equal civil and equal political rights, as well as equal pro tection of the laws. But Government has no power to regulate social status. Before the laws the Code of Georgia makes all oitizens equal, without regard to race or color. Bnt it does not create, nor does any law of the State attempt to enforce, moral or social equality be tween the different races, or citizens of the State. Such equality does not, in fact, exist, and never can. The God of Nature made it otherwise, and no human law can produce it, and no human tribunal can enforce it. There The Legislature has the same right to tum such a law that it has to say how close shalto the degree of consanguinity to make a manias void : or, to regulate the ages of the parties-^ say how old the person shall be; and. in faa. the regulation of a civil contract, descrikii- who shall and who shall not enter into it, otU tween what parties it shall be void, has notbn to do with the social status of the citizen. If the law, making illegal the marriage nb. tion between whites and blacks, were a b regulating the social status of the citizen, I n not prepared to say that it would notbfc very terms of the Constitution, be inoperatin as contrary to the Constitution. In myjcd; ment there were no such laws in operitior. si. it was the intent of the Convention to deck- that none ever should be passed. The sou status of the citizen is not the subject of ]m lation and ought not to be. A Voice from Africa. ADVICE TO THE COLORED PEOPLE OP THE SC~| Monrovia, Liberia, January 3,16G9.—I la- lived now in this home of the African nt twenty years ; bnt I have not forgotten the* scenes in Virginia, nor the kindness of n*rj white friends in former days. I wish it wv. my power to return for a time, that my u might be heard by my colored brethren ofcJ Southern; States. I am anxioos for their fate. As I sit here,. the shores of this continent filled with a na black population, and look across the great* ters over your continent filled with white; I cannot but be fearful in regard to the fc of the few millions of people of my ownbb in the South, now left to their own resop:: I see a tide of white men ponring over fie fields which have heretofore fed them; ari coming from the overflowing population off Northern States and Europe. I remember:, that tide, when slow and feeble, swept oft native Indians; and now, as it. rashes fc might, what is to shield the transplanted can from its waves? I can think of bet; hope for him. If as a body, the colored people of the Sod shall identify themselves with the white ped who now occupy and hold the soil, gain tii affection and confidence, and become nsetj members of their communities, they may £. above the torrent and-still dwell in peace anic the associations of the past; otherwise must, in the lapse of years, be buried bensl it, or washed, like drift-wood, into the hunJ zone around the Equator. And yet the f .'j sional letters and papers we receive here the United States tell us that political dems.'j gues from the North, peddling politics for fia own profit, arc exciting our race to hostilhd wards the whites. If they shall become j dupes of such emissaries their fate is seair'j The scattered white men on this contic-;: 1 Africa might as well array themselves set the native tribes of black "men, with the tnj tationof meeting anything but destructionfc: pursuit of such folly. I feel some confidence that the morefc: gent portion of the people of color will is I led astray by adventurers who will nsc J while they reap any personal profit from tended friendship, and desert them whei I please. But the mass have not Ltd tfc--1 learn lessons of political wisdom, and the; pect fills me with sadness. If I could but: them hear me, I would appeal to them to; common cause with the white people of a own land, to take advice and counsel from* men as have been known to them through; lives for their high character and honesryj intelligence, to seek the welfare of the H on whom they must depend through all ticd their own prosperity, to do no act which 4 give to the white population just cause t-I rnity. and thus identifying themselves wi::l communities in which they dwell, obtacl themselves the most powerful of allies -J struggle against those forces which th: their very existence. Say this much to for me. “• "• An Honest Lawyer* The Rochester Chronicle has been told * J story about General Butler. The diiecWj Boston bank, having their suspicions a:A notified their cashier that anexaminatios-l notified their cashier that an exa books and cash in his possession must to j The cashier went to Butler and stated t-1 He had misappropriated funds of the the amount of 850,000. He asked wbf- : J had not better own up, restore what he ’J and let his bondsmen make up the de* 1 ^ ler, after some consideration, directs. attend the meeting of the directors, tything wrong, and, if they der the keys and go home, le* TB *!l in possession. He did as directed—J keys, and the directors, upon eian^r-J books and cash in the vaults, found » they anticipated, of $50,000. They n0t r | cashier and nis bondsmen, who, in due ^ peared accompanied by Butler, who* . spokesman, inquired what the matter directors informed him of the facts, an-• to compromise the matter by the return . missing funds. General Butler coc^ H that his client had surrendered the 1 car Na san vel Fr. rev I ilhi wfl 12.- seh l gre rap ed and that the deficit, if any, occu^ 1 -rec - directors were in possession. The . began to see the dilemma in which WJ placed and sent for a lawyer, only to-y they had made a false step; that tb«hr? proper evidence of the amount of ^ * bank when surrendered by the in taking possession they had 1°®* remedy. As it would not do to let . tiers know how they had been directors had to go to work and ma»« '[■ out of their own pockets. They faulting cashier the certificate of chj 1 ?”, J he demanded, and he Went to bank in the same city a few weeks at 1 the tel ed am' ula mon wagons with settees placed in them, old express wagons with canvas tops, and even are gradations and classes throughout the uni- butcher carts, go about with painted signs on their sides. One of these last was suddenly stopped by. the police this afternoon, as one of the hind wheels was about to break. It had no sooner been brought to a stand still Ginn crash went the wheel, and a shriek ascended in chorus from the ladies inside—not a chorus of jubilee, verse. From the tallest Arch-Angel in Heaven down to the meanest reptile on earth, moral and social inequalities exist, and must continue to this time, Ipiweyer. injured. exist throughout all eternity. While the great mass of the conquering peo ple of the States which adhered to the Union during the late civil strife, have claimed the Fortunately, do one was right to dictate the terms of settlement, and V 1 J AT Crowding to the United Stai^-'k* countries in the world,” says a pondent of the Land Office, *'are g r) I and sending them, ready made, to u| States.” Immigration into the has resumed a fresh impulse from the late sectional dispute, and tb® Jj receive its full share of the new stated that two hundred thousand - ^ J ans are soon to be added to the no gration into the Northwest. Thw®.. ^ believe that thousands of Chinese ' wav into the Southern States, as ** 1 5 foil e *l Uk inj Ho; era * was the ' * iS way into the Southern States, tesans, cooks, and domestic — , e fomiana say that they acquire French oooks with great facility. li furnish, in a great part, the labor to | fields, and for railroad constt®® 41 South. 5xi hnve maintained in power, those who demand • on a velocipede It is fully believed that there is f der of incendiaries in Califorpa. , j, in ail parte of the State, their ohj«“ j, -burn the houses, churches and Chinese are eduoated, or where w* Chinese reside. . Ax clergyman makes m i -'I c 4