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T5TSTT bpwivmpm The Greorgia, "W*e Telegra, 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 -