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THE TELEGRAPH
MACON FRIDAY, JULY 23,1809.
Death of Geo. T. Rogers.
We are pained to learn that Geo. T. Rogers,
Esq., one of the oldest and most widely.known
business men of Maoon, died at his residence in
this city yesterday^ afternoon, of inflammation
of the bowels. Mr. Rogers was one. of onr best
itizens, and but a few days ago apparently in
robust health. His sickness most have been
brief, and the suddenness of the summons hence,
warns ns all of the uncertainty of life and the
transitory nature of all earthly ties and interests.
The Memphis China convention,
After some unimportant business on Tuesday
the committee reported the following order of
business:
1. The committee shall consider the most
practicable means of introducing labor from
China or India, as a population best suited to
our climate, on which J. W. Clapp was appoint
ed chairman. After the appointment of the
Committees on Transportation, Finance and
Immigration, a telegram was received from
St. Louis, saying that Koopmanschap would be
here to-morrow. The convention adjourned un
til 10 o’clock to-morrow.
The meeting.was very large, and represents
the capital of the northwest. Delegates are con
tinually arriving.
T-turna StT.T. OF LAKD3—BELGIAN IlIMIGEA-
>noN.—We are informed, says the Rome Courier
of the 15th, that Capt. E. G. Barney, agent of
the Selma, Rome and Dalton Railroad, has sold,
conditionally, 20,000 acres of land, belonging
to the railroad, and lying in Calhoun county,
Alabama, to a company consisting of one hun
dred and sixty families of Belgians. This bar
gain was made & few days since, and the agent
of these immigrants will leave for Belgium in a
short time, in order to have the trade confirmed,
and accompany the colony to their new homes.
This is a move in the right direction. We
would like to see all the unoccupied lands of
our section settled by thrifty farmers, indus
trious and frugal, like the Belgians.
Another Negro Postmaster.—The Columbus
Sun is informed that one Aaron Jones, jr., a
negro of most outrageous character and antece
dents, has been appointed postmaster at Box
Springs, Ga., on the Muscogee Railroad, at the
recommendation of Fostmoster Hogan, of Col
umbus. Box Springs is a post station in a sec
tion of country inhabited by a very intelligent
and patriotic population.
Boll Worm in Muscogee.—Gentlemen tell us,
says the Columbus Sun and Times of Wednes
day, that the boll worm has appeared in locali
ties in this county, eight or ten miles from the
city, in small numbers. Several have been
found that had punctured the tiny bolls and
caused the squares to break open. Only a few
have been noticed. It is very early for these
destructive pests to commence operations.
Tennessee Wheat Crop.—The Knoxville Whig
says there are one hundred and thirty thousand
more acres, under wheat in Tennessee this year
than last.
The same paper says the mercury was 96 in
the shade last Sunday and it was a degree warm
er last Monday.
Norway Oats.—The Knoxville Whig says Dr.
Harris’ crop of Norway Oats will average a hun-
dren bushels to the acre.
Sharp—Test.—The St. Louis Democrat (red
hot Radical) argues that the Virginia colored
members of Congress can’t come in, because
the Constitution of the United States requires
that Representatives in Congress shall have
been citizens of the United States seven years,
whereas citizenship was conferred on the ne
groes by the 14th amendment on the 21st of
July, 1808—that being the date when Congress
declared the amendment adopted. Thus we see
how “ sharp, quick and decisive,” the Radicals
can be in dodging negro legislators for them
selves.* ?
The London Athenasum reports a discovery
of “lost letters” of singular interest—the sup
pressed correspondence of Charles the First
with his friends on the eve of the battle of
Naseby. The House of Commons printed at the
time thirty-nine letters, under the name of the
“King’s Cabinet Opened.” But it has been al
ways known that, for reasons of State, a good
many of the King’s letters were kept back.
These suppressed letters are the papers recently
found.
Bowden Collegiate Institute. — Carroll
county, Georgia, has the reputation of being
one of the best as well as the cheapest schools
in the State. It is located in a very pretty re
gion—it has a fine board of instruction, and its
terms are fully set forth in the advertisement in
this edition of the Telegraph.
The Rice Crop.—The rice along the line of
the Savannah Railroad is very much in need of
rain. It is stated, says the Charleston News,
that the Coosawatchie and Combahee rivers are
very low, so much so that a man can wade
across either of them, without getting wet
above the knees.
Pennsylvania.—It seems that the press was
mis-informedinregardto the willingness of Gen.
Hancock to accept the nomination of Governor
of Pennsylvania. He refused to become a can
didate, and Judge Asa Packer has in conse
quence been nominated.
A Load of Debt.—The national debt on the
first day of last June was two thousand five hun
dred and five millions four hundred and twelve
thousand six hundred and thirteen dollars, 82,-
558,412,613. The State debts aggregate $329,-
584,446,03. The county and city debts we have
•no means of knowing.
The Boll Worm.—The Opelika Recorder
says Mr. Coke Tucker, of Lee county, exhibited
to the editor, several specimens of young cotton
bolls, squares and blooms, which show that the
cotton boll worm is committing considerable
depredation in that section. j
If our friend of the Constitutionalist will state
more explicitly what he would be at, it would
afford us great pleasure to come to an explana
tion with him. ,
Gen. Forrest has returned to Memphis from
New York, where he snooeeded in negotiating a
loan to build the Memphis and Selma Railroad,
from Selma, Alabama, to Columbus, Mississippi.
Going Back on Sameo.—The New York Herald
says:
“The day of Southern negro supremacy is
gone, and the day of the emancipation and
supremacy of the Southern whites has come;
and, according to Gov. Walker, its inauguration
in Old Virginia is mainly due to President Grant,
and it is a towering feather • in his cap in the
illustration of his reconstruction policy.”
A gentleman in Illinois owns a cow which
lately gave birth to a calf weighing one hundred
and eighteen pounds.
Messrs. A. T. Stewart & Co., are introducing
saleswomen into their establishment, and in
tend in time to employ only women as clerks.
A Frenchman hse purchased 5000 acres of
swamp in Tennessee, and proposes raising frogs
for the Memphis market.
The railroads of the United States earned
$400,000,000 last year.
Symptoms of cholera have appeared at Knox
ville, Tennessee.
Women are scarce in Sioux City, Iowa, and a
paper of 'that place advertises proposals for fif
teen hundred New England girls of industrious
habits.
The Collapse in the Macon Post-office,
The wretched collapse of the Turner appoint
ment, in Maoon, may, make the administration
a little more careful how toey ; Bpoit hereafter
with the public’interests to carry out their ne
gro theories and experiments ; but it is at least
questionable whether, the knowledge and ex
perience gained in this way .are worth the dam
age they will sustain in the estimation of even
the more discreet Radicals. To have been so
wretchedly betrayed Wfexposed to ridicule by
its great negro protege is at least mortifying
enough to the administration.
The strife over that appointment—the remon
strances of the whites—the motive with which
it was pressed—as a punishment of the people
—have positively directed a greater degree of
attention to it than to almost any other Execu
tive appointment in the service. It has been
the theme of discussion and remark by the whole
American press—applauded by the ultra-Radi-
cals—deprecated by the moderate—eagerly
pressed and earnestly opposed—held in sus
pense for a fortnight and finally made, as is un
derstood, under the strong insistence of Sumner
and Butler, and held by all the whites in Geor
gia in everlasting remembrance as a particular
mark of affectionate consideration from their
brethren in the Bay State.
Surely, if we had malice in our composition, so
ridiculous and disgraceful a denouement of this
business would fully satisfy it; but there is no
particular satisfaction in finding one’s judgment
vindicated at the cost of the public order and
convenience. We should have much preferred
a common sense rule of making appointments,
and a management of the post office satisfacto
ry to the people. The administration of Gen.
Grantmay think itself strong enough to carry out
their wild and reckless experiments in the exer
cise of the appointing power, butthe people,are,
after all, the real sufferers.
We beg leave to represent in behalf of Macon
and vicinity that wo have been pnt under suffi
cient penance ! Even Sumner and Butler ought
to be satisfied with having forced ns to confide
our correspondence and remittances not only to
a parcel of ignorant negroes, but also to a man
they have been compelled to arrest for whole
sale felony. We submit that ought to satisfy
Sumner, Butler and Massachusetts, and they
ought to allow President Grant, in his next
appointment, to accept the services of some
person of respectable position and character.
We believe the administration could secure such
a representative in the Macon post office, if it
were willing to make the effort, and it may rest
assured that none other will be able to do it any
good official or party service.
It is a mistaken idea that it will batter con
trol negroes and vagabonds in the interests of
the party, by appointing men of that stamp to
office. They will not respect the Administra
tion so much for stooping to a policy which they
know is wrong and degrading. It is the nature
of such people to respect those who respect
themselves, and when a man who should be a
gentleman lets himself down, voluntarily, upon
an equality with themselves, they only distrust
and despise him.
We will tell Grant, for a shilling, how to
build up a Republican Party in Georgia, and
then forgive him the debt: First of all, be a
gentleman, in the true sense of the word, and
respect the official appointments of the United
States so mnch as to fill them with none but
gentlemen. Let the Government, in every com
munication with the people, find an organ and
expression through men of high tone—of spot
less character, and pure and patriotic purposes.
The roughest man in Georgia, black or white,
will recognize and respect such a man.
Next, see that nothing is done or proposed by
the government in the Sonth which is not liberal,
just, constitutional and suggested by a primary
regard for the dignity of the United States gov
ernment and the welfare of the people. ......
If Gen. Grant and the cabinet will take this
plain recipe and act upon it, they can build up a
party in Georgia; but if they choose to take in
lien of it the counsels of Bntler and Snmner,and
try to work out the problem through an official
organism and policy which they consider on a
plane with the minds they seek to control, they
will make a desperate failure of the business,
and no violence or tyranny will bring them any
compensation for the failure.
There is that in the mind3 of the Southern
masses which is attracted by official virtue, dig
nity, integrity and patriotism, and repelled by
knavery and meanness. Even the negroes will
not be won by negro appointments.* No matter
how much you prate about equality to them,
they know they are not fit for these offices; bnt
if Gen. Grant has, as his representative in each
one of them, a high-toned gentleman, who will
exercise a tender and equal regard for the
rights of all the people, the lowest of them will
honor Grant and the Government far more than
if they find these positions filled with men like
themselves. This is a troth, which eveiy South
ern man will join ns in attesting, and which
Grant’s administration will discover with a lit
tle more experience. Nothing was ever more
ill-abnsed than these negro appointments, even
if the object of them be no better than to build
up a negro party.
From Talbot Connty.
The "West Georgia Gazette, of Talbotton, has
the following:
Crops in Southwest Georgia. — We' learn
from a citizen of Talbot who has just returned
from a sixmonths’ residence in Southwest Geor
gia, that the crops in Baker, Thomas, Mitchell,
Dougherty, Decatur, Quitman, Webster, Stew
art, Sumpter, and the counties of that section
generally, were never better. Old residents say
they have not seen such crops in twenty years.
Com and cotton are doing their very best, and the
people are somewhat jubilant So far as we
can learn, the crops of Georgia, and indeed of
the whole South, are good, and if no disaster in
tervene, we may laugh to scorn the plots of onr
Radical enemies.
CommencemextDat.—Hon. Thos. Hardeman,
of Macon, delivered the annual address at Le
Vert last Wednesday.. It was a masterly effort
—such a one as he is capable of making at any
time. We regret that we cannot, for want of
space, give a synopsis of it
The Gazette calls for the organization of a
Fanner’s Club in that county. Professor T. A.
Brown has resigned the Presidency of Le Vert
Female College. Talbotton was suffering from
drought and the gardens were burned up. Per
son’s wheat and corn mill, a splendid establish
ment, was in foil operation. Mrs. Geo. G. Cobb,
died in Talbotton Wednesday last, mnch lamen
ted. The Gazette tinnlm Macon ought to be the
capital of Georgia, bnt we doubt whether she
has any ambition that way. The mercury was
93 in Talbotton on Monday—warm weather for
a cool place. A Gazette correspondent argues
that Talbotton is the highest known land in the
United States, from the fact that a bushel of
meal which in every other place weighs forty-
eight podnds, weighs only forty-six in Talbot-
ton. . • I
“The Heated Term,’’ to employ a phrase of
the philosopher of Brooklyn Heights, seems to
be well nigh universal. The Rome Courier of
Thursday says;
Last Tuesday was the hottest day this season.
Mr. Norton’s thermometer indicating 100 yes
terday—Wednesday—it stood at 98. The hot
test day last year the same thermometer indica
ted 103. Mr. N.’s thermometer runs a little
higher in summer and not quite so high in win
ter, as others in this city.
We do not think the mercury has got as high
as 100 in Macon this summer. Let those who
groan over the nineties in Macon remember that
the heat in. North Georgia is quite as great
Photograph fans are among the latest Paris
ian fashions in'New York.
- Virginia.
The Richmon&iDispatch' of the 13th, give3
the following as the vote of Virginia so far as
received for Governor. For Walker, 108,934
Wells, 89,i71 — Walker’s majority, so far as
heard from, 19.7C3. There were five counties
to be reported. Canby writes to the New York
Times in defence of his decision that the iron
clad oath must be applied tothe Virginia Leg
islature :
European Correspoarlence *>F the 1
Maoon Telegraph—No. 4;
Stadt-Ilm. Principality of Suhwabzburg)
Rudolstadt, North German Union,
June 22, 1869.)
Poland's Nobility— Its Poverty—Removal to Gov
ernment “Homesteads"—Prosecution of Protest
ant Germans in Russia, in the Baltic Provinces
—JRebellion of the Cossacks of the Don—Two
Murders by Russian Officers—The Duke of Gotha
Amuses Himself—law Suit for 10,000 pesos be-
- tween Mr. Navarra, MaximiUian's Minister, and
■Jl Baron Magnus—The Russian Soldiers not to be
Taxed—Troubles of Bishop Rudlgicr ofStuz—
Attack of Germans by Slovenian Peasants near
Laibach German Wool—Industry.
Poor Poland, for which the sympathies of the
world appear to have deadened into icicles, is
slowly, but apparently surely, sinking into the
grave of national oblivion. Oppression, perse
cution without end, aiming at the utter extinc
tion of Poland’s name and fame under the iron
heel of Russia, is the order of the day. That
wo, in any part of the United States, should he
actually abetting this horrid outrage against a
noble and unfortunate people, is the legacy of
the Radical party, siding, as it doe3, with op
pression and infamy, and one of the strange
marvels of these stranger times. Some recent
events in Russian Poland are not, perhaps, un
interesting to your readers. In Lithuania, one
cf the provinces of ancient Poland, it is openly
I think that in your article of y esterday morn
ing on the “ Test Oath in Virginia," you have
overlooked the material point that the Constitu
tion proposed for that State has hot been ap
proved by Congress, and that the-decisions of
Gen. Grant which are cited by you were given
after the approval of the Constitutions to which
they referred, or related in every instance to
conditions which could not exist until that ap
proval had been obtained. Upon this point
there can, I think,. be no difference of opin
ion, and the decision made now is precisely the
same that Iinade more than a: year ago, and is
entirely consistent with every decision of Gen.
Grant that I have ever seen. I have, hereto
fore, in two districts—-the second and fifth—re
commended that Congress should be asked to
dispense with or modify the test oath, and in
one of them, mainly in order to avoid the diffi
culties that exist now, I suspended the meeting
of the Legislature until after, the Constitution
under which it had been elected had been ap
proved by Congress. I would take the same ac
tion in tins case if Congress had not directed
the assembling of the Virginia Legislature at a;
definite time. That being the case, it must, in
my judgment, assemble under the conditions, .proclaimed the condition of things cannot ex
now, and not those which may hereafter be inf- perience any change until the last man not
posed by law.
From Houston County.
Fobt Valley, July 14, 1869.
Editors Telegraph * We have had some fine
rains in this section within the last few days,
bnt they have been very partial, and many of
our farmers are needing rrin yet; crops look
well where they have had rains recently.
Onr little town is looking up, as yon would
very readily believe, if you should count the
number of bricklayers and carpenters employed
here at this time. We are resolved to have a
bank and cotton warehouse here, and not de
pend on your big city for everything. Can't
you come down to onr little town some time,
and see what we are doing ? B.
Yes, thank yon. We will take a holiday be
fore long, and go down.
From Terrell and Calhoun.
The Dawson Journal, of the 15th, has the
following;
Weather, Crops and Health.—We hear
favorable reports from almost every section of
our country as to crops, weather nnd health,
but there are localities that need rain, and the
com crop has suffered materially in conse
quence thereof.
Upon the whole we have reason to congratu
late onr section upon their success so far. If
there is not a good crop made, the cause will
not lie at the doors of our planters. They have
made a good fight and the result is there is not,
in all this section, a corporal's gnard of Gen.
Green’s forces left to tell the tale of the oft-
repeated attacks made, “onr own garden ex
cepted.”
Calhoun Countt.—The corn crop of Calhoun
connty is safe; plenty will be made to do the
county, and the prospect good for a cotton
crop. It is thought that the com trade of
Dawson will be slim next summer. So mote
it be.
The Cotton Patches.—Wishing to see the
result of some of our planters near town, in the
cultivation of their cotton patches, we visited
Judge Knott, Capt. Botsford and Mr. Keith.
At Judge Knott’s we saw two acres of cotton,
“Norman Variety,” that we think to be the best
fruited cotton we have ever seen; his stand,
though, was not good—still we think he will
gather from one to one and a half bales of cot
ton to the acre. His field of the same variety
was fine, but did not compare to the two acres.
At Captain Botsford’s we saw one patch of the
Norman, and one of the Dickson variety. The
Norman was far ahead of the Dickson, but both
patches are very fine, and bid fair to to make a
good crop. With good seasons from this time,
toe Captain may confidently expect to make two
bales to every three acres.
We now come to Uncle Johnny's who lias
nine acres of the Dickson variety, which, taken
as a whole, was toe best we had seen. Here
we found the best stand, more cotton on toe
ground tow any of the other patches, though at
Capt. Botsford’s and Judge Knott’s, we saw
some spots of better fruited cotton than we saw
in the nine acres of Uncle Johnny’s. If we had
toe awarding of prizes to either of these gentle
men, we would not know which to give it to, if
we take into consideration toe circumstances
under which each labored.
Russian, too Jews excepted, is extirpated. Per
secution extends even to the Protestant Ger
mans, hitherto undisturbed, and whose .schools
were permitted to be conducted under toe im
mediate supervision of protestant pastors.
the unfortunate Emperor Maximillian, of ^Mex
ico, has appeared in Berlin. Don Navarra, toe
Emperor’s minister of the household, during the
latter’s imprisonment at Queretaro, handed to
Baron Magnus, the Court General of Prussia
at toe Court of Mexico, 10,000 pesos to givefto
the Emperor secretly, to aid him in effecting
his escape. The money was never fjiven to
Maximillian, probably became it could not be
done, and Baron Magnus, on his return to Eu
rope, instead of returning it to Mr. Navarra,
sent it to the Emperor of Austria, as the next
heir of Maximillian. The Emperor accepted
it, but now Mr. Navarra, who is in Berlin,
claims it as hisprivate property. Mr. Navarra
From Washington. v .,,_
.Washington, July 15.—Miehael Yaidati, of ’Loaiai-
an *i has been appointed Commissioner on the pert
of the United 8tates, for the adjustment of clams
with Peru. . : j
Tie President and family, the Post-Master <3$n- , , .
era!and wife, and ex-Seoretary Boris, lefi'tias eve- .Held:
nin«. on ti'eXallapooaa, for Long Branch. " I _->»d aa equr
Wm. C.. Vepion, of Michigan, has been appointed
Collector of Revenue for the Third Mississippi Dis-
, _ _ . trict, vice Willis suspended.
writes as foHows to the President of the-Tribu. : Revenue receipts for to-day $700,000.
. .Tlie President to-day issued a proclamation, des-
nal: “Yauao not probably know, sir, that I
have taken this sum oFTftonejy from my’ own
private means, and that I did not deliver it to
Sir. Magnus to expend it, but to give in. secret
to my unfortunate sovereign, for hiB personal
wants—with the express condition to return to
me, in case he did not personally deliver it to
his majesty. The Prussian Ambassador accept
ed these conditions on the evening of the day
preceding^his journey to Queretaro, which I am
enabled to prove. Since Mr. Magnus saw the
Emperor in his prison seyeial times, and did
not deem it advisable to give toe. Emperor this
money, it is perfecly natural that I retain it as
my property, and that I do not permit that the
Prussian Ambassador, or toe Emperor of Aus
tria, become heir to it.- I now call upon-Mr.
Magnus to restore to me, through toe law, this
sum, which be pledged his word of honor to re
turn to me, in case he was not enabled to give it
to the Emperor Maximillian.
In many cities of toe North German Union
toe Mayors and members of Council petitioned
the Imperial Diet to allow them to tax toe offi
cers and soldiers residing within toe limits of
the city. The army is completely freed from
taxation, State and Federal, and the -fathers of
toe cities thought that they might just as well
contribute a little to the burdens of the commu
nity. A committee appointed recommended it;
! but toe Minister of War General Boon, came to
BY TELEGRAPH.
ighating the thirtieth day of November for a vote
on the Constitution adopted by the Austin (Texas)
Convention, on the 17th of June. No exceptional
clauses are to be voted upon, toe votes being for and
against the Constitution solely.
nxThe District Attorney and Marshal of New York
have been severally instructed at any and all
hazards to enforce the neutrality laws, and break
up expeditions against Cuba. They are' empowered
to call on' the army and navy io cany out' the law
and prevent the departure of such expeditions.
Gen. McDowell, and the Admiral in charge of the
New York navy yard have .been directed to respond
to any call made in pursuance of the above instruc
tions.
S. F. Jones has been, appointed, receiver of public
moneys at-New Orleans.
An order, for there everything goes by order, • the breach and contended that the liberty of
of the curator of the schools in toe arondisse-
ment of Wilna, puts the schools under a Rus
sian director, and toe Russian tongue becomes
toe language of tuition. And this is to be ex
tended to the German provinces of the Baltic,
belonging to Russia. Their inhabitants now
seek to bring to the remembrance of the Czar
taxation of the soldiers was an ancient immunity
of the army which could hot be removed without
compelling the soldiers to assume new duties
which would come in confliet-with their military
duties. Then he said farther, the army could
live without the cities—did not need their protec
tion, and that the cities had the greatest .profit
their supposed rights; and a pamphlet has just I from them; that toe aim appeared nothing else
appeared, very well written, which contains all! but to fill the treasuries of the towns. These
the treaties between the Baltic provinces and lucid arguments appear to have made a great
impression upon the Imperial Diet since it left
the army in the enjoyment of the ancient im
munity. Another proof how deeply toe cancer
of a standing army has eaten itself in the habits
and opinions of the most intelligent of Germans;
they appear absolutely not to be able tb find a
way out of toe entanglement of debt and of
heavy burdens which the army puts upon them.
The catholic bishop of Luiz in Austria has re
toe Russian monarchs, in which their religion,
language and self-government are sacredly
promised, and which show conclusively that
these provinces are not conquered portions of
the Empire, but came to Russia through volun
tary treaties, which treaties, to be sure, were
foolish enough, as the sequel shows.
How terrible must be the condition of toe for
merly best classes of Poland, is shown by an
application made by toe Governor-General of volted against toe temporal powers. He re
Lithuania to the Minister of the Interior, in
which is stated that the poverty of the Polish
nobility renders their removal to the steppes of
Great Russia, and the free gift of lands to them
there, a step of toe utmost necessity. A similar
measure has already been taken in the case of
the West-Russian provinces, Kiew, Podolia and
Volhynia, from which numerous families of the
impoverished Polish nobility have been remov
ed* to Southern Russia at the expense of the
government. It seems, however, that among
the faithful of Russia everything is not peace
and good-will.
A rebellion has broken out among the Cosacks
fused to acknowledge the jurisdiction of the
court, because he had been ordered to appear
to answer the charge of sedition and of inciting
to rebellion against the powers that be. Bish
op Rudigier refused to go several times, was
fined 100 florins, then 500 florins and finally
under protest, arrested and brought to court
forcibly. When he was marched to prison there
seemed a difference of opinion prevailing among
the assembled multitude. Some applauded him,
others again, the sheriff who conducted him.—
The judge however couldget nothing out of His
Eminence and had finally to discharge him.
In Saibach, in Austria, live many Germans;
of the Don, the Calmucks and Kirgisen, along! the neighborhood, and indeed the whole coun-
the Wolga and the Ural mountains. Above Sa- I try, is fnll of Slovenian peasants, who hate the
repa, a fortified town, in the government of Sa- j Germans with all their hearts. A party of
rato, on the Sarpa river, near its influx in the j Turners went out one fine Sunday to amuse
Wolga, many thousand Cosacks of the Don, themselves among the fine environs of the town,
bavecrossedthestreamtounitewiththorebelson'with song and music; while they were peace-
toe other side. The main body of the’ Insur- ably lying upon the green sward/ in the wood3,
From Pike, Upson and Monroe.
The Bamesville Gazette, of toe 15th, has toe
following information: .
We have made several visits through Pike,
Upson and Monroe counties, and were gratified
to see the general good prospect for a good
crop. We believe that a small space around
Bamesville is all that has any cause to com
plain. All toe other neighborhoods have had
abundant seasons, bnt Bamesville has been suf
fering a week for a good rain. The clouds
look favorable, and we hope that we will yet
receive rain before our com prospects are
blighted.
The oldest persons that we have known, re
cently died in Upson connty, Georgia. Mr.
John Shattles, aged 103 years, died 16th of May
last. Mrs. Barbary Shattles, wife of Mr. John
Shattles, died on the 16th of June, 1809—aged
107 years.
On Saturday last there was a good deal of ex
citement in onr little town. Mr. John Fincher,
a very respectable citizen, brought up his little
son for toe Doctors to examine him. He ap
pears to be strangely affected—only breathes
about four times in one minute. He is about
twelve years old and has been affected in this
way about three months. The little youth looks
very cheerful and was able to walk about toe
streets of our town. Messrs. Drake and Flew-
ellen, Dr. Rogers, Dr. Hannah and Dr. Suggs
were called on to make examination; bnt they
say that they cannot account for this trouble
some breathing.
I learn that there has been a great many phy
sicians to see this yonth and they all say that
his disease is a very great mystery. P.
The Fence Question.—A Hart connty cor
respondent of toe Chroniele and Sentinel writes
July 9th:
We are unanimous here upon toe fence ques
tion. Our State has an area of 5S,000,000
square acres, and we have only some eight or
nine millions under cultivation, and about as
much more in old fields partially under fence,
for stock grazing. ’ Now surely it is far better
to fence toe smaller part under cultivation, and
let toe cattle have “range” provided by nature,
which co6ts us nothing, and yields them good
food. I differ from your McBean correspond
ent, £. H., and otoe^, as to believing that the
opposition to toe “no fence” party comes from
“laziness.” I think it is just toe other way.
It is the “no fence’ 1 party that is the lazy party.
I am sixty years old, and have cat and split ma
ny a rail to fence my land for cultivation, and
expect to split many more. Neither will it do
to have special acts for certain localities, for
these will bring nothing but trouble and confu
sion. One man will want hogs to ran at large,
and another that they should be penned, and
there will be different opinions about cattle and
sheep, according to interests. If the matter is
let alone, people will accommodate themselves
under toe present law, and if they find it most
profitable to pen their hogs and cattle and sheep,
they will do so.
What General Grant Thinks of the Vir
ginia Elections.—A Washington letter in toe
Baltimore Gazette says:
“Upon this point I have taken great pains to
ascertain the troe sentiments of General Grant,
and can state that to-day he expressed high grati
fication at the result of the Virginia elections;
and was decided in his preferences of Senter,
Hamilton, and Dent, over their gubernatorial
competitors in Tennessee, Mississippi, and Tex
as. As it is known that Sumner, Boutwell, and
their faction, are of diametrically opposite views,
I would not guarantee that his Excellency {will
“stick.” But I am assured by trustworthy gen
tlemen that he has at last taken toe bit between
his teeth, and will bold on at least for and du
ring this summer.”
The new Virginia Legislature meets on the
fourth Tuesday after the promulgation of the
gents were moving upon the city of Uralsk,
which was being fortified by the authorities.
The Russian settlements are in great uneasiness
and many isolated settlers are flying to the for
tified towns. The reason of the rebellion ap
pears to be the discontent of the Cosacks with
the new organization of their arm of the service.
However, these bands have never been very
faithful servants of Russia, and have repeatedly
revolted, especially under their leader Pugat-
scheff. Singularly, the locality is the same as
that where Pngat3cheff under the name of Peter
HI commenced his remarkable rebellion; during
which he advanced under toe very doors of Mos
cow, and where he was finally betrayed by his
people for the sum of 100,000 robels, and exe
cuted by the Russians in the year 1775.
Northern papers are filled with horrid out
rages against life and property, which aro said
to have happened at the South, and occasionally
the German prints republish these stories.
While the North cannot boast of greater safe
ty to life than at the Sonth, on the contrary,
were the crimes and murders happening at the
North generally known in the world, would pre
sent a spectacle fit to astonish the most preju
diced. It appears from two horrid murders
which have recently happened in Prussia that
life is held cheap indeed by a certain class.
The officers of the army are this class. Their
remarkable brightness of honor, and conscious
ness that they are much better than any other
mortals—th6ir belief that they are dishonored
if a poor devil, who happens to be beneath them
in toe social scale, comes ever so little in con
tact with them, has led to untold outrages on
their part for many years. Two recent cases
are so remarkable that they should bo known
throughout the civilized world, to brand these of
ficers who committed them as cowards, assas
sins and murderers, fit to bang upon the
gallows.
In the Fortress of Magdeburg, two officers,
probably a little in wine, came into a restaurant
where others, called beneath them, are also in
the habit of congregating. The presence of
these dandies, when they come among toe sim
ple and good-natnred Germans of toe middle
and lower classes, always causes a certain de
gree of restraint, and thus it was here, too.
The conversation lagged, and in a short time
comparative silence ensued. One unlucky jour
neyman, some sort of a mechanic, however, with
a Uttle more courage than the others, made
some remarks, or some movement, (my relator
could not tell me the minor facts,) which dis
pleased these fine officers, and one of the two, a
comet, a grade between a sergeant and second
lieutenant, not having his sword with him, draws
that of his companion, a lieutenant, nnd with
out any other provocation, pierces the unfortu
nate journeyman through the entire body, so
that the sword sticks out behind, and the man
falls stone dead. What happens ? They come
before a court-martial; the comet receives two
years’ arrest in a fortress—the other officer, be
cause he permitted the sword to be taken away
from him, is reduced and dismissed from toe
army. But it also happened that the King of
Prussia constituted himself, after the year 1866,
toe guardian of all the children of officers fallen
in the Austria-Frnssian war, and thi3 comet is
toe son of a fallen officer, consequently the King
his guardian. A few weeks or'months after, the
King graciously releases the comet and actually
orders him to another garrison with a higher
grade ; toe other officer is also graciously re
stored to “honor,” with the condition to go into
the Prussian army, where he how is said to be.
Near another fortress in Prussia—Koblenz
on the Rhine—is a peaceful, pretty village, em
bowered amid vines and nestled amid hills,
called Storchheim. In this little village, in the
some house, lived a railroad official named
Augustus Weigel and the widow of a Prussian
Colonel of Artillery, (Igel) recently deceased.—
This official had, likewise, a clerk whose name
is Schwargen, and the widow of the officer a
son—a clerk in a merchant’s store. Between
these two young men some difficulties had ex
isted for some time; and they had even come to
blows. One day toe other son of the widow—
an officer of the army—visited his mother; heard
the complaints of his brother, and entering the
room of poor Schwargen, with his sword pierced
him through and through, just as the journey
man had been murdered. This happens in
civilized Prussia, proud of civilization as she is.
How long, it might well be asked, will the good
natared German people stand these things?—
They have endured them many, many years,
and no doubt will endure them many, many
more, till, perhaps, the flood of indignation,
hatred and revenge bursts all dams and slnices
and buries the guilty ones in one great, well-
merited grave.
Per contra, the little Duke of Saxe-Coburg-
Gotha, brother of the late Prince Albert, not
long since amused himself yith playing with
members of his court mostly belonging to toe
“highest nobility,” Lessing's celebrated play
“Mima von Barnhelm. Ernest, the Duke, wa3
the Major Tellheim, Mima von Barnhelm, the
heroine, was Miss E. Barrard; Count von Bru-
chsal, Herr von Schr&bish, a Prussian Major;
Frances, Madame de Rutenstein; Just, Mar
shall of the household de Mangenheim; Ser
geant Werner, Emil Devrient, a celebrated ac
tor; toe host, a Prussian Lieutenant-Colonel;
two servants, two Gotha lieutenants, etc.
toe Peasants attackedthem, endeavoringto take
their standard. The Germans had to take flight
and the Feasants soon increased to severs! hun
dred. No lives were lost, but the danger was
great, as the Peasants were infuriated and the
Turners greatly inferior to them in number.-—
A number of officers and cadets of the garrison
present finally beat the Peasants back. Since,
many have been arrested; the matter has even
been investigated by the Emperor, who did not
receive the Captain of the.district very cordially
when the latter endeavored to excuse the-con
duct of the Peasants.
One of the most important branches of Ger
man industry—wool raising—has, for the past
three years, been in a languishing condition;
not from any lack of quantity,but from inferior
and depressed prices. The wool fairs or mar
kets are just over and toe rates (thirty dollars per
hundred pounds) were lower than last year; nor
seems the lowest rate as yet reached. The main
reason appears to be the greatly increased-pro-
duction of colonial wool, from Australia espe
cially. The auctions in London are over stocked
and this rebounds upon Germany. Fifteen to
twenty-five years since this might not have af
fected the market in this country, a superior
and less fatty wool was then being produced.
Now, following too counsels of agricultural
clubs, toe farmers have adopted a course of
feeding, wet food especially, which, while in
creasing the yield of wool of the animals, at the
same time, through the great amount of fatty
matter contained in the wool, bothers toe man
ufacturer and lowers the price. Rams of heav
ily fleeced kinds of sheep,such as theRambouil-
let, Shanstong and Negrette, have been em-
nloyed and have contributed to this result. The
rolonial .wools reach toe market chemically
cleaned, beautifully assorted, no trash in it and
the manufacturer has no trouble with it. With
the German, especially the Saxon wool, this is
not the case ; it is carelessly put up and causes
trouble in the manufacture. One thing will be
of benefit to this branch of industry, and that
is toe prospective increase of the price of cot
ton. A heavy manufacturer of woolen goods
here said to me he hoped cotton would be one
dollar a pound, in which wish I could afford to
join heartily. ' * .
From Bartow County. 1 ■ ;
The Cartersville Express of the loth says that
red wheat is in active demand at $1.25 per bush
el ; white wheat held at $1.50 per bushel Cot
ton 30 cents per pound, Com $1 per busheL .
Rain.—While we write there is a fine shower
falling in sight, but not a drop in town; some
portions of the county are suffering seriously for
want of it. Other portions have suffered but
little as yet.
We do not speak boastfully of the young men
of Cartersville, when we say that no town; of
the same size in Georgia, has fewer young men
given to dissipation than she. It is, indeed, a
rare circumstance to see one of them in the least
intoxicated by ardent spirits. Riots, or disturb
ances, of any kind, seldom occur in onr midst.
No loungers or gentlemen of leisure are seen bn
our streets.
i
From Clarke County.
The Athens Watchman, of the 14th, has toe
following: . .
Hot and Dry.—The weather has been unu
sually warm for. several weeks, and, what is
worse, we have had little or no rain. Gardens
are literally rained. . We presume, from the
nrrpc-ar&nce of garden vegetables in town, that
the corn crop in the surrounding oountry must
be suffering. On Sunday evening there was a
very light shower in a portion of town, but so
light ns to do very little good. We do not think
the drought extends very far, as we have heard
of abundant rains up the country.
Survey Commenceu.—The survey of the ex
tension of the Georgia railroad from this place
to Clayton was commenced yesterday morning.
Those who have expressed doubts .on .this sub
ject trill now be satisfied, perhaps, at least so
far as the survey is concerned.
We understand that in locating' theroad, the
great effort will be to find, the shortest-and
most practicable route, regardless of local inter
ests..’. . . . .. . |
Supreme Court.
Wednesday, July 14, 1869.
Court met pursuant to adjournment.
No. 2. Tallapoosa Circuit—Martha A. Bull,
Executrix, vs. Thomas B. St. Johns—complaint
from Troup. Argued by Hugh Buchanan, Esq.,
for plaintiff in error, and W. O.' Tuggle, Esq.;
by brief, for defendant in error.
No. 3. Tallapoosa Circuit—Broughton vs.
Godwin—Ride nisi to foreclose mortgage from
Troup, Was argued by Hugh Buchanan, rep
resenting Spen. & Spen, for plaintiff in error,
and B. Oliver, representing Judge Bigham, for
defendant in error.
No. 4. Tallapoosa Circuit—Morfaon vs. Binge
-—complaint from Troup. Settled.
No. 5. Tallapoosa Circuit—Bonner vs. The
State—arson; from Carroll. Withdrawn
No. 6.' Tallapoosa Circuit—Stewart & Col-
clou gh vs. Dobbs, Long and Dickson—garnish
ment. from Carroll. Was argued by H. F. Mer
rill, E?q., for plaintiff in error, and Hugh Bu-
From Louisiana.
New, Orleans, July 15.—Deputy Surveyor Keith-
was released from Custody to-day, he having given
the Custom House authorities valuable information, furnish in carrying -out bfe part of'coUw? b
Contourie was released this morning on a 85000 nartnershin. ct °i
bond, and rearrested this afternoon.. He gave bond
in the same amount on the second charge. A war
rant has been issued for Contourie’s partner, Add-
pho Faurie. who cannot be found to-day, Another
warrant was issued for Sampler Holton, now under
bond from previous warrants.
. General Hew?.
St. Pierre Miquelon, July 15.—The French
ocean cable was spliced to-day, and the instru
ments and operators sent ashore, and operations
soon opened with Brest. i . . . ;mi
-• New York, July'15.—It is said that .W. M. ; San-
ford, defaulting Cashier of the Central National
Bank, left Boston last week for Europe.
. The steam gunboats Levero, Hartford, Vashonda.
Detroit and Swat&ra, are rapidly, fitting out at this
.navy yard, for immediate service.
Eleven indictments have been found by the Grand
Jury against prominent bankers and brokers for vio
lating the usury laws. The arrests will probably be
made to-morrow.
St. Louis, July 15.—New, Mexico advices say the
Indians are still troublesome on the Santa Fe mail
route. Crops are good. None of the newly ap
pointed Indian agents have yet arrived in the Terri-
toiy.
Helena, Ark., July. 15.—A dispaten says that
Wells, Fargo & Co.’s coach was robbed at Moren’s
Station to-day of $7000 in gold.
and received toe pi
gave O. a bond for til
the grants from the
agreed tojteliver the .
and A. afterwards sold
A. an4JD. wiptnt to B.
of toe Jtarohase mom
made a fto D.,
had notice$k>f too p
fB
idt& D ;
'equity,
0., and that D. having purchased with n • -
and having obtained the legal title held;
trustee for C., upon the payment to’hinT l m 1
of the balance of the purchase money whi^
2. mere the Court charged the jury ,
case turned mainly upon notice, and th« ^
sel did not ask toe Court to 'charge nno^
legal effect of rumors as notice. Held- qv
is no sufficient reason for .granting a
that the Oonirt ■ did hot explain what amo!^
to notice, as applied to the' facts in *vid^
where no. such request was made by tiJT 1 '*’
sel, who how complain of the chargo. ^
Judgment affirmed.
Tatum & Dabney,-for plaintiff „
Graham & Walker, for defendant in error 600 * -
J. W. Taylor, plaintiff in error, vs. w
Hardin, defendant in error. Proceedin’
foreclose mortgage, from Bartow. to
Brown, C. J.-In a proceeding'toforedo* ,
mortgage on a note for money lent the „ *
ant cannot set np a claim against the wv .
for damages growung out pf a partnershS
existed between them in toe saw-mill btei U< *
either by set-off or-by recoupment,
of the.money which defendant borro»
plaintiff, was used in the purchase of ., a 01
wagons and provisions, which defendant^’
Foreign News. v
Paris, July 15.—Schneider, after a stormy scene,
prorogued the Corps Legialatiff.
Madrid, July 15.—Cable news received from Fnn-
ehal states that a Republic has been proclaimed in
Madeira. , Troops have been dispatched frqm Ca
diz to the island.
London, July 15.—The Catholic .Priesthood will
decline glebes—1st, because they are opposed to
the discipline of the church—2d, because it is an
unfair equalization between religious communities,
even if advisable under church regulations.
Decisions of the Supreme Court of
Georgia.
DELIVERED AT ATLANTA, TUESDAY, IULYal3.
[Reported Expressly for the Constitution, by N. J.
Hammond, Supreme Court Reporter. ]
Doe ex. dem., P. : L. Thorhtoii,-et. al., vs.
Boe cas. Ejector and L. N. TramnSell. Eject
ment from Whitfield.
Warner, J.—This was an action of ejectment
instituted by the heirs at law of Mark Thornton,
to recover the possession of eleven acres of land
in the city of Dalton, with the ■ improvements
thereon, including -1 the depot building of the
Western and Atlantic Railroad. - The plaintiffs
insist that they are entitled to recover the prem
ises in dispute, upon toe ground that the deed
of conveyance from Mark Thornton, the plain
tiff's ancestor, to the Governor of the State and
his successors in office, dated the 22d day of
October, 1846,' conveyed a conditional fee in the
land, and that toe grantee of the land having
broken toe condition, the estate became for
feited to toe grantor, or his heirs, and that toe
partnership.
2. Recoupment is a right of th e defendar* I
have a deduction from the amosat of plajnKr
damages, for the reason that the plamtiffh ’
not oomplied with the cross obligtti ona 0 r i A I
pendent eovenanU arising under the Mme ,
tracts; and as ton note given for borrovJ I
money in this case was a contract distinct {«.•!» I
the partnership, the doctrine of rocom n 2
does not apply. ' .1 ■ r ' 1
Judgment reversed.
; W. T. Wofford for plaintiff in error.
A. Johfason, DJ. A. Walker for defendant ia f .. I
rorj- l ’’(r. :*-> Uk'.z'S-'.jZ V I
Nathan Chapman, plaintiff in error, vs. ft,, I
ren Akin, defendant in error. Claim, from Em I
tow. v |
Brown, C. J.—A ft. fa. levied upon real esa't I
in 1859, unexplained, is not such presume,. I
evidenee of- payment, as to prevent a lew*I
other property in 1867, when the ft. fa, is m I
fibanaak. n to p'.aoliLvsqr., I
Akin-held a judgment, dated in |
against Stone. Bronson, in December, ]v>!
purchased the tract ’ of land in dispute ; r . s |
Stone, bona fide, and - went into possess I
and afterwards sold to Chapman, who succeed.1
ed him in possession, which has been coot® I
ousfrom 1862 tothe present time. In Us I
Akin had his JL fa. levied on toe land, and cwl
man interposed his claim. Held: That0^1
man, a bona fide purchaser, for a valuable (oil
sideration, with continuous and nnintent^l
possession for more than four years, acqnail
title to the land, - discharged from the hecsl
Akin’s judgment. . 1
3. The Supreme Court of this State herql
ruled that the stay law was unconstitutional ml
void,- under that ruling, the plaintiff in fi. h|
was never under any legal disability to enfajl
the collection of the money,’due on hia fi. h. [
and, as the law, as ruled by this Court, did ;:l
restrain a levy, toe proscription did not coal
to-run in favor of the bona fide purchaser il
possession: and, as the plaintiff was under nl
other legal disability, to proceed with the fi.h.1
the lien of the judgment upon the land cesssl
to exist at toe end of- the four ’ years’ pose I
sion. I
4. Section 3525 of the Code is not dial I
with, and does not fall under the classifies I
of a statute of limitations, and its rumdijil
favor of a bona fide purchaser, was not I
pended by the acts suspending the rnnniajil
the statute of limitations. The right, whatew I
it may be, of the plaintiff in fi. fta. to enfore I
his lien on toe lands sold by toe defendant, id I
held in possession by a bona fide purchaser, u-l
isted with the condition annexed, that the leu I
be made within four years after the commence-!
meat of the possession; and as the plaint::I
made no such levy, he lost his lien by failure tT
enforce it, in accordanoe with the condition tel
which it was subject, and with which he nera|
complied. 5 - —
Judgment reversed.
McCay, J. concurring.—Sec. 3525 of theCokl
and toe statutes existing prior to the Code, pi
viding that a bona fide purchaser, for a valtmil
consideration, of real property, whohMlal
in possession four years, shall hold it, &l
charged from the lien of a judgment agrisl
the person from whom he purchased itB.il
strictly, neither statutes of limitation, nors&l
latter have now the legal right to enter upon the _
land; and the question is, whether the words j utes, providing for toe attainment of a
contained in toe deed, are to be' construed a9 [ scriptive right,' bnt conditions, imposed by in
conveying a conditional fee to the grantee, or | on the lien, given to the judgment, and is
whether the words contained ini the deed are to plaintiff cannot excuse himself for failings
r . This: chanan for defendant iff error.
Duke is a somewhat eccentric personage, rides, i Court adjourned till 10 ft. m. to-morrow. —Ai.
drinks, dances, plays, .fiddles, composes, is'a Junta: Ttp -Vigencsr. . - ..
_ critic, and amuses himself generally in flub sfMa *li oi »K>;:erpbvn 4'.K- ’writ. e*t thiol tneo arij
ratification of tire constitution by the command- since he has nothing eke t<vdo. > v Orleans 'espeefc 'larger shipments of
.ing General.- . otbtya&Xww eW • siig-.l ir - .sertf -with to its elevator tide year. •
be construed as creating an agreement, or
covenant between the parties thereto. The
deed of the grantor conveys toe fee in the
land to the grantee, and warrants the'same
against himself, his heirs, and all other per
sons; bnt in toe deed are the following
words: “It being express 1 .*/~understood by
the parties, that the same tract orparcolof land
is not to be .pnt to any other Use than that of a
depot square,’and that no business or improve
ments to be put on toe said tract but that which
is immediately connected with fno Western and
Atlantic Railroad.” Held, That inasmuch as
the act of 1821 (which was of force in this State
at toe time of making said deed) declares that
“All conveyances, made or executed, shall be
held and construed to rest in the persons to
whom the same are made or executed, are abso
lute unconditional fee simple estate; unless it
be otherwise expressed, and a less estate men
tioned, and limited in such conveyance that there
are no words in this deed of conveyance (inde
pendent of toe - agreement or understanding of
the parties thereto) which, in law; create a con
ditional fee in the land, and limit toe uncondi
tional fee simple estate of toe grantee thereto—
the words: “It being expressly understood by
the parties,” are words of agreement or covenant
between the patties,themselves, as to the use to
which the land was to be appropriated, and the
plaintiff's remedy is upon that covenant; provi
ded, there ha3 been a breach thereof. It Is the
duty of the Court to construe toe words of a
deed in all doubtful cases, as words of covenant
rather than words of condition, in order to pre
vent a forfeiture of the estate.
Judgment affirmed. - ■ li
\V. Johnson, Hoge& Sprayberry, W. JL Moore,
for plaintiffs in error. * :
D. A. Walker, McCntchin & Shumate, for de.
fendant in error.
Brown, O. J.- 1 -! am unable to bring my mind
to the conclusion, that this was a covenant be
tween theroad and Thornton. If so, theroad
would be bound by the covenant, to keep toe de
pot on this square perpetually, and oould not
abandon it. It seems to me, the ro&d isnnder
no such obligation, and that it may remove the
depot to another place at any time, if the author
ities shonld find that the public interest demand
ed toe change; without liability for damages.
But, on such removal, the depot square would
revert to Thornton’s heirs on account of the
condition broken by the road.
However, as I was of counsel while at toe bar,
(with promise of a conditional fee, which has
been transferred to another,) in a ease somewhat
similar to this, though the language of the two
deeds is different, 1 think, both in form and
substance; and as objection was made to my
presiding; I have concluded on reflection, to
pronounce no judgment in toe case, though both
of mv associates concur with me in the opinion,
that I am not disqualified to preside on this trial.
0. S. Adair, adm’r. vs. John Adair, executor,
et. al. Equity and ejectment, from Murray.
Warner, J.—Where upon the trial of a cause
it appeared that a witness, who had been sworn
upon a former trial of the same cause, had left
the State and gone to the Cherokee Nation of
Indians beyond toe Mississippi River: Held,
that the testimony of such witness on a former
trial, reduced to writing, on a motion for new
trial, agreed to by counsel, and approved by
toe Court, was competent evidence to be sub
mitted to the jury on a new trial, between toe
same parties, under the 3729th section of the
Code.
Judgment reversed.
W. H. Dabney, W. Akin, S. A. Walker, for
plaintiff in error.
C. D. McCuthin, R. J. McCamy, for defend
ants in error.
F. M. Street, plaintiff ideiror, vs. E. C.
Lynch, defendant in error. Equity from Dade.
Brown, C. J.—Where A. purchased lands
from B., and took bond for titles, and went in
to posSfcwkta: and' the evidence-rnist-s a pref
s'Sfiiptioer tovr 1 he paM perf of the purchase
an>fte4 ; khu A , while in poseesskm, s<fid to G.,
‘ ' -* v . 4 u ** Fii
levy within the four years; by setting np a d>|
ability, on his part, to proceed. I
Warner; J., dissenting.—Whether the
sion of a bona fide purchaser of lead for ico|
years, under toe 3525th section of the Coil
be a presumptive right, so as not to be mtril
the provisions of the statute of limitations :ij*l
lien of judgment creditor is cleariy ■within jhB
provisions of the statute of limitations, afidbl
been repeatedly so recognized by this CcC-l
and the question is, whether time shonld re :|
favor of the purchaser of the land, subject;!
the plaintiff ’s fi. f&y as against such plaitzj
during the time the statute of limitations ol
suxftended by toe public laws of the Stole, h
during the time such plaintiff in fi. fa.
hibiied by law from levying the same,
that the purchaser of the land could not b-J
fair construction of this question of the Coy
and- toe respective statutes of this State ftM
eluding the ordinances of 1865, compute -
time as running in his favor, as against i
plaintiff in fL- fa. , during the time of the swi'
sion of the statute of limitations, or during »
time toe plaintiff in fi. fa. wasprohibUedbyt
from levying his fi.. fa. to enforce his jna~’"
lien; or when, daring the war, the tei ^
where toe land was situate was in possessio: i
the military authorities, so thatno ctrfl pw'
could be executed, and the more especial!;-. I
the 1935th section of the Code declares -I
rights of creditors shall be fit cored by ths On *1
and every remedy and facility afforded tbes ■
detect, defeat and annul any efiort to ,;, J v |
them of their just rights." , > • J , _.|
W. T. Wofford, W. H. Pritchett foi P-^i
MHfc f-aj-ja-v! ex.* r-sai ni 6’I
W. Akin, L. E. Bleckley for defendant I
ror. —-
Reuben Gaines vs. E. B. Gaines. I
from Bartow. r . I
McCay, J.—Where A. left, ongoing''£1
just before the late war, a sum of
brother, to be managed as if it were h» ° . r
Held: That in a suit by A. against the *
trator of the brother who died, a we»
book, containing copy notes payable to t-i I
various other .entries,* pertaining
which A. had seen ana examined, aafi*®*. J
in tho hand-writing of his brother of *““^1
did not dispute the correctness, was adnaiss ■
in evidence for the administrator.
2. Although this Court may not ■ b* e ® '^1
satisfied with the verdict of a jury; "^1
Court below refuse a new trial and the v I
is not such as to show evident misto^iJ-jJ
dice or corruption in toe jury this Court*" 1
overrule the judgment of the Court beio •
refusing a new trial
Judgment affirmed. T
W. Aikin for plaintiff in error, Wm-
ford, for defendant in error. u)l
J. A. R. Hanks, Administrator, Ac., TS -
Phillips, et al. Ejectment from Hurra?'
McCay, J.—In an issue, formed
genuineness of a recorded deed, prop 09 ^. J
read ia evidence, to repel which the
party had made the affidavit required .J J
tion 2,674, of the Code, the burden of P^l
upon the party assarting the genuineness . J
deed, and the fact that it is recorded I
change the onus. ,
^Recitals in a private deed only b ^.1
ties and privies, and «e not evidence t ■
one not claiming under the deed. ,■
3. If evidence of paper title is pot® 1 ^1
go to the jury, without objection to ^ ;l
of execution, it is too late, after vei“ |
make toe exception,
4. If one have wril
a tract of land, and, by a tenant ^1
session, and afterward sell, by w
ment, ope undivided half of to®
tenant, who keeps possession for sjw® ■
in his own right, for one tmdivdcdj.
in his own right, for one , . „. _
tenant of hiswindor for the. ott^eri 0 {
verse possession, linder.writeneTmWi |
to toe whole Jet
Judgjnenp,peversed-., u-oi 1 -