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Tlie Greorgia AVeekily Telegraph.. THE TELEGRAPH. MACON FRIDAY, JULY 30, 1869. Death of James R. Batts. We are pained to learn that James R. Batts, Esq., died at his residence in this city yesterday, after a few hours’ severe illness of bilious cholic. Mr. Batts was an old resident of Macon, but a native of one of the New England States. He was well known for many y^ars as Surveyor General of Georgia. He was a man of very ac tive, original mind and considerable inventive power. Daring the war, in an expedition to the Florida coast, to establish a fishery business, he fell into the hands of the Federal cruisers, and for a long time was a prisoner in Fort La fayette. At the time of his death he was prob ably one of the largest landowners in the State, and we hope his landed property will affords sufficient provision for the family he hasleft be hind him, who will receive the warmest sympa thies of the oommnnity. Mr. Butts must have lived nearly the allotted time of three score and ten. Virginia. In another place we copy from the New York Tribune an emphatio declaration that the Vir ginia election, and the result, cannot and shall not be interfered with. The last number of the Independent has a manifesto from Senator Henry Wilson, of Mas sachusetts,in which he charges the responsibility of the'Radical fiasco in Virginia to the ambi tion of Wells and his company to make the party “conveniently small.” They refused and rejected all of Wilson’s counsel for conciliation, out of the merest selfishness, given at a time when Wilson says: “I believed then, and I believe now, that there was a time when a liberal, just and un selfish policy wouldhave made Virginia a strong loyal and Republican State.” In no part of this letter does Wilson drop a bint or suggestion that the mischief can or will be repaired by any intervention of Congress to defeat the will of the people, as expressed at the polls. We judge, then, Forney’s attempt to bring up his party to the “advanced” ground he takes will be a signal failure. * Turning White. Our exchanges are generally copying an ac count of a “fetish and Obi negro” in Detroit, who has a white spot upon him resembling in shape the human hand. We have repeatedly encountered that phenomenon, of a spotted ne gro, and usually these white spots indicate dis ease. There is, however, in Vineville, a negro woman, perhaps between fifty and sixty years years of age, who has such spots on her hands, gradually enlarging from year to year, and we are informed there are other patches as large as the human hand on other parts of her person, and yet the the skin upon these white spots ap pears as healthy and as delicate as that of any white..man. The poor creature is much dis tressed about “turning white,” and, indeed, it might be considered a political misfortune in these times. We don’t know but she may come under the civil rights bill for distinctions in col or—as they are very marked. Tbe State Fair. The Secretary, in his communication, sub mitted in our last, thichs that twelve thousand people will be in attendance on the State Fair, in tbfa city, next November. We are satisfied, from all the information we receive, that the at tendance will be laTge, and the exhibition on a scale of magnitude hitherto unrivalled in this State. We agree with the Secretary that it is a problem to which the people of Macon should earnestly address themselves, how this large at tendance shall be comfortably housed and pro vided for. The reputation of the city is in volved. It is of vast interest to us in every shape that this event should pass off with eclat, find leave a favorable impression on the mind of every attendant Spukko with Tongues.—Our learned brother of the Savannah News, besides being a re nowned author,' a philosopher, pundit and clever man generally, must be a linguist of extraordi nary accomplishments. In his last he tells an aneodote at length, in which the catastrophe is set forth as follows: Instantly a panic prevailed. From every throat burst the wild cry: “Chilocko! Chitocko-nadka hajo! Wah! yah/ Holawagus ! Hi epos cheJ” Arid in the wildest tumult they fled from the place of their revels, terror-stricken at what they believed to be the spirit of the great war rior by whom they had so often been defeated in battle. Now, friend News, the Scripture saith “it is a good thing to speak with tongues,” but the interpretation thereof is better. That joke is lost to us for want of the interpretation. We suspend our laugh rill the next issue of the News comes to hand. Sensible if True.—The Lynchburg (Va.) News says: “Weleam from an authoritative source that Gov. Walker has invited a number 'of the most prominent Virginians, including Gen. R. E. Lee, to meet him in consultation upon affairs of interest to the State, at the Montgomery White Sulphur Springs. The meet ing will take place at an early day after Gov. Walker’s return from New York, which will be definitely fixed upon hereafter.” Post-Otfioe Rumoss.—A report was in circu lation all over town yesterday, that Marshall de Graffenreid, Esq., had been appointed Post- Master of Macon; but, on investigation, we ascertained that there was probably no author! ty far the statement. Rains.—Sunday was signalized by a steady, pattering rain, of six or eight hours. We think it was what is termed “a general rain." Yes terday was showery. It rained all day in Amer icas yesterday. A reverend son of Rev. Dr. Beecher, on be ing ordained, was solemnly charged thus: “I charge you never to forget that you are the son of your father, the grandson of your grandfath er, and the nephew of your unde.” How about his aunt Harriet?—Columbus Sun. Tbe Pennsylvania Election. Whether or no the hopes of the Democracy of Pennsylvania shall be realized in the election of Judge Packer, it is quite clear that the Northern Radicals are much alarmed about the situation in that State. Packer is a man of large per sonal popularity. A man who, by the force of his own talents and industry, has risen from the position of a friendless child of poverty to the possession of vast personal wealth and influence —who has acquired his fortune in honest enter prise, and has used it liberally for benevolent and praiseworthy objects. He is, in a word, so unassailable in every point of view, that the Democratic papers meet Radical detraction at every turn by quoting laudations of Judge Packer from opposition journals, volunteered before he was in the field of politics. Such vast political importance, however, is attached to the result in Pennsylvania that all the prominent outside Radical organs have thrown their coats off, and are pitching into the canvass. The New York Times, among the rest, we see, borrows the editorial assault of the Savannah Republican on the Pennsylvania Democrats as the text for a heavy attack on Packer, and the Pennsylvania Democracy. In an article designed to show that the South had repudiated the Northern Democracy, the Times says: If the Democracy might reasonably claim a foothold in that section, it would surely be in Georgia. There, if anywhere, the Democrats have power, as the State knows to its coBt. Yet the prevailing opinion, even in quarters inimi cal to the principles and objects of the Repub lican party, is decidedly adverse to the Demo crats, their leaders and their tactics. “How ever strong may be many of their claims upon us,” remarks the leading journal of Savannah, “ the South would be foolish to pin her faith to the skirts of any such party.” Why? “They cannot take care of themselves at home," is the answer, “much less should they be trusted with the vast interest we have at stake.” Tbisis ob vious and positive enough. But our Savannah contemporary, not satisfied with a general repu diation of Democratic overtures, undertakes to particularize with an emphasis which Messrs. Packer & Co. will not consider complimentary. These are its words: [Here the Times quotes from an article we have already printed, and proceeds to say:] Hard words, these, for the Democracy! “The party appears to have lost its brains.” “ They appear incapable of learning anything from the past.” “They must gooff into a wild goose chase after a Copperhead nominee." The say ings are severe because true. They are espe cially severe because emanating from a source whose natural affiliation is with the party thus roundly condemned. We submit to our friend of the Republican, if he has no particularinterest in Geary, and the Pennsylvania Radicals, to “hold his horses.” However unwise he may think the Northern Democrats to be, it wonld certainly be a God send to the cause of order and good government in the South, and the country, if the rampant Radicalism of the day could be checked. How to Get Rid of Nut Grass. L. S., care of E. P. Clayton & Co., Angusta, proposes for 23 cents and stamp enclosed—pro ceeds to be turned over to the poor of Augusta —to give the world a simple plan for getting rid of nut grass. As we never heard of any other plan than to dig it up, we shall anxiously wait his information which is to be imparted (not on the 1st of April next,) but on the 1st of next January. The nut grass question is a serious matter in this part of Bibb, and will be still more so unless' people are more earnest and careful in extermi nating this grass. The city common or race track down on the river bank is one groat mat of it—a horrid reservoir from whence cattle and hogs will carry it to all parts of the town. "We notice some people, after digging it up on their premises, throw it over into the streets and gul lies from whence it is washed by the rains and transplanted in all directions. This is cruel.— One might almost as well scatter the small pox about. Every stalk of this grass should be exposed to fire until the germinating principle is de stroyed. It has almost as many lives as a cat and once fairly established on land, it will cost as much to exterminate it as the land is worth, unless this 23 cent man has some new wrinkle to do the work by wholesale. Vie consider farm land where nut grass has taken possession en tirely worthless, for agricultural purposes. Let all who find this pest on their premises be admonished to give it no rest. Attack it dili gently and carefully—securing every nut and root of this grass as you go, and treating it as it is—as a dreadful enemy to be combatted prompt ly, resolutely and intelligently. To turn up your ground and dig Here and there gathering part of the roots and leaving others buried deep er in the soil, is only adding fuel to the fire and vastly increasing the difficulties of the situation. Fruit. A man who has plenty of fine grapes, of half a dozen varieties—pears, of half a score—ap ples, figs and peaches, of the best—and much of each ready to pluck—is comfortably off for fruit, and that is the case of our neighbor, Gus- tin. Some of his pear trees are a curiosity to those who do not believe that the most valuable French and American varieties will attain per fection in Georgia. We counted twelve that wonld weigh from eight to ten ounces each, on a single branch, within the space of a foot. His grape vines are still loaded with fruit, but he has been the sport and prey of the sons of Ham, in respect to a large part of his peach, pear and apple crop. They storm the fences while the gardener is asleep, and carry off the spoils by # bushels. It is some consolation to people too lazy and inattentive to raise such fruit, that, at least, they have not to endure the mortification of seeing their trees abused, and their fruit stolen by these sable rascals, and know there is no help for it Mr. G. has a splendid little sample of cotton in his garden, which mast be seen to be appre ciated; bnt he has also a brag acre, which, he says, is better, and which we have promised to look at the first leisure hour. Teat telegram about the Postmaster-General’s tumbling out of his chair and breaking his arm fa probably susceptible of explanation, bnt it wears a jolly aspect. Rope Manufactory’is Columbus.—The Sun says the Muscogee machine rope works in that city tarn out 1800 pounds of handsome and durable rope per day. The official vote of Virginia was: Walker, ‘ 119,685; Wells, 101,201. Walker’s majority, 18,831". ... Fbom California. — The recent Republican State Convention of California resolved that the adoption of the fifteenth amendment should be followed by universal amnesty and suffrage. Pablans and not Parlax.—The Republican says the new town on Brunswick Bay is Parland and not Parian or Parleyvoo. Florida.—The Tallahassee Sentinel, of the 24th, speaks well of the crops and makes no mention of caterpillar. The Charleston papers are lively with the carpet-bag assault on the Custom-house. McClure A Knox, highly reputable produce dealers in Chattanooga, advertise their card to-day. The Supreme Court left off’ at No. 8 Flint Oiifcnit Tuesday ni^bt. The Newspaper Cash System. From the LaSrange Reporter. A long and vexed experience has taught us the unquestionable truth of the remarks of the New York Herald, on a Press Convention in Wisconsin to consider the establishment of a general newspaper system of cash payments.— The Herald says: It is the only proper way. Most of our coun try newspapers live half starved on the credit system, when they might get fat and saucy on the cash system. Of all things in the world, newspapers call for cash system, and it is always the best for buyer and seller. “Mr. Speaker,” once said John Randolph, “I have found the philosopher’s stone. It is pay as you go, sir, and be paid as yon go.” It is to meet this question, among others, that a convention of the press is so muon needed. A State Press Association would do much to ad vance the interests of journalism in Georgia; yet there is but a weak, faint response to the proposition for one. We have repeatedly brought this subject to the attention of the Georgia press within the last twelve months. A few only have even noticed it—not sufficient to give the proposition any thing like an impetus. Whether this indifference is the result of op position or of other absorbing questions of the day we will not pretend to say; bnt will again put the proposition in a definite shape as it has been suggested that we have as much right to do so as anybody. We, therefore, suggest that a convention of the press of Georgia be held at Macon, first Wednesday in September, for the purpose of forming a State Press Association. We thus put the proposition in tangible shape to the press. Let ns see how many of the press will respond. Can’t we have a full turn out ?— Let ns inaugurate a new and more prosperous area in Georgia journalism. Let us have a bet ter understanding with each other and try to make the publishing business more remunera tive by concert of action and conduct. Will the press respond ? We shall “wait with timely patience” to see what they say. We entirely agree with the Reporter as to the transcendent importance of the cash system in its application to newspaper subscriptions, at least; and the press, whether weekly or daily, can do no greater service to itself than by estab lishing an inexorable rule of payment in ad- If onr Georgia contemporaries agree with the suggestions of the Reporter, the Tele graph will be happy in welcoming them to the city, and we have no doubt Macon will display her accustomed liberality in their reception and entertainment Chinese Labor and the Philosophy of the Press. The Philadelphia Press has the following pro found philosophy upon the effect of Chinese labor: Chinese laborers will not, in the end, injure America or American laborers any more than European laborers have done. Assuming this propositson, which is the A B C of RepnbScan- : sm, we pass on to the labor itself. The great defect of American labor is its cost liness. At present you cannot develop any par ticular section or any special industry unless it yields plethoric returns, because you cannot pay for the labor to do so. This is exactly the want supplied by the cheap and illimitable labor of China. You can work with the frugal and saving Chinamen mines which it will not pay to work with the full- fed and wasteful American or European. So you can till land whose harvests now will not pay for the working of it. These patient, in dustrious, hardworking strangers will literally make our waste places glad and the desert to blossom. One single fact illustrates and proves this. The leading element in the costliness of labor in this country, (aside from its scarcity,and the consequent lack of competition to reduce its price,) is the expense of supporting the laborer. The American laborer consumes enongb meat, tea and coffee, two or three times a day, to keep a Chinese laborer for a week. The price of meat, as is well known, is about four or five times that of bread. Let the Chinese laborer, who consumes little or no meat, once come largely into agriculture in this country, and he ill develop and render fruitful vast regions which could never be opened to production at the high cost of native American laborer. All this will be done, too, without harm or in jury to the American labor. The Press must count largely upon the sim plicity of Pennsylvania laborers, if he thinks they can be misled by such reasoning as that. The Chinese labor will remedy “the great de fect” of American labor—“its costliness” by furnishing a cheaper labor, and this certainly seems to be the most vital injury to American labor which can be inflicted. It involves either loss of employment or reduction of wages. From Decatur Connty. A note to tbe Editors, dated tbe 23d, says they are having fine rains in Decatur, and crops both of com and cotton are good. So note it be. The Bainbridge Argus, of Saturday, 24th, in an article which must have been penned pri or to the date of our correspondent’s note, com plains of drought in some neighboorhoods. The planters had commenced fodder-pulling, and it would be continued this week. The Argus says: The com crop, therefore, in this region, is now made. It is generally good; bnt the drought in some neighborhoods has cut the yield off greatly. The rain, for the past three weeks, has been partial hereabouts. Some planters have had too much rain, while others have had almost none at all. Both of them have suffered. The guanoed cotton, in some places is now suffering from the effects of dronght. No cater pillar, as yet, to do any damage. Many have finished laying by their cotton. Open bolls will be quite common within the next few days. The fruit crop, in this section, with but few exceptions, so far as our observation extends, is very sorry. In a few localities peaches and apples are good, but we are disposed to think these constitute an exception to the general rule. The cold weather, in the spring had the effect to produce an unhealthy growth, especial ly in the low lands. The Extreme Heat.—Several fine horses, in this city, daring the past week have succumbed to the excessive heat. Some have died, and others been disabled for a time, the result of in considerate driving.. Persons using horses in such weather as we now have, should be exceed ing moderate in either driving or riding. Col. John Scbeven, passed through Bain bridge yesterday morning, on his return from Columbia, Ala. He gives a most flattering ac count of the interest felt in the Southeastern Alabama Railroad by the entire people of that section, many of whom have subscribedliberally. The Trifonne upon Congressional . Nullification .of Virginia. The New York Tribune of the 21st declares that Congress cannot interfere to defeat the re sult in Virginia. That paper says: Onr “Republican” seems to think it the duty of Congress to defy the vote of the people of Virginia, and keep the minority in power through military rule or otherwise. Two objections will dispose of that programme: 1. It will not be done; 2. It can’t be done. It is not possible to carry out such a programme. It has signally failed in Virginia; It will signally fail when submitted to the verdict of the whole people. The Republicans of the loyal States might sac rifice themselves to it, but to no purpose. Tlie people must rule, under constitutional guaran ties that secure all rights to all, and as well in the South as in the North. The larger number of the Virginia Republi cans have blundered in trying to secure their own ascendancy by a permanent and wholesale prpscription of their adversaries. That blun der has cost them a stunning defeat. But, though stunned, they must not be stupefied. They must profit by the lesson, and henceforth stand fast by the principle that > the whole peo ple must vote and the majority most rule. •'/ Supreme Court. . . Satubdat, July 24, I860; L.Xy Stanford, Esq., of Harris county, was admitted to the bar. , ‘ 'p--,' ,' r ? •No. 5. Flint Circuit—Chambliss vs. Phelps— , . Homestead from' Monroe—Motion to'dismiss All the,latest improvements in rogueiy are,be* j refused. - ■’ ing rapidly introduced into Georgia. Judge Cabiness opined for the plaintiff in er ror. Messrs. Pinckard and Tripps replied for Bibb County Agricultural Society. Last Saturday the Bibb county Agricultural Society was formed in Macon—a constitution adopted, and the folio wing officers elected: For President, W. S. Brantly. 1st Vice President, P. 8. Holt, Upper District. 2d. Asher Ayers, Lower District. 3d. W. F. Wilburn, East Macon District. 4th. William Lundy, Hazard District. 5th. John W. Stubbs, Rutland District. 6th. J. W. Knott, Godfrey District. 7th. Cicero A. Tharp, Warrior District. 8th. S. I. Gustin, Vineville District.' For Secretary and Treasurer—B. H. Wrigley. The next regular meeting will be held in the city on Saturday 21st August, and we hope all onr agricultural men will feel it their duty to attend. Bio Yield.—Fifty-two bushels of wheat were grown by Major Sexton, of Wythe county, .on one acre of land. Who can beat it ?—Lynch burg Virginian. Georgia can beat it. Ffty-seven bushels were raised to an acre in Georgia this spring. Mr. Richard Bradley, of Savannah, was chlo roformed and robbed in his own house in Sav annah Friday night. A bold act of burglary.— In Kansas City, Missouri, the other day, an enterprising firm, by way of attracting attention to their goods, wares and merchandise, covered a hog with posters and sent him to roam through the streets of the city. The novelty of the pro ceeding attracted considerable attention. defendant in error. Pending the concluding argument of Colonel Peeples for defendant in error, the Court ad journed till 10 o’clock, a. m., of Tuesday next. • ; :• (Atlanta InteUigencer. ’ „ Ml Flint on the calendar lias 4 more cassayiNorth-. -- J| Monogram, window shades and ourtains and ! era Circuit 8, Western 1, Chattahoochee 12, Ma- j of the four conditions following, natnefy: white cashmere door-mats are affected by many ! con 7,' Ocmulgee o, . Homo, 1—36 cases yet on | 1. “Identity in the thing sued for: 3. East, of the e©t»«g*> elite at Newport. ’ the docket^ . .. j 84’). , Can tbe Legislature Beseat tbe Ex pelled Members? A CONGRESSIONAL CASE IN POINT. THE DOCTRINE OF BES ADJUDICATA IN ITS AFPLICA- tion to legislative bodies. Editors Telegraph : Since the decision of the Supreme Court, in White’s case, declaring ne groes eligible to office, there has been consider able discussion with regard to its effect upon the “legal status of the expelled negro mem bers, and of the power and duty of the Legisla ture to reseat them. Thus far the discussion hasb§en confined prin cipally to the question: “Has the Legislature the power to reseatthe expellednegro members?” The majority of the writers support the nega tive of the question upon the ground that the proceedings of the Legislature under that clanse of the Constitution which makes it “the judge of the election returns, and qualifications of its members” are judicial in their nature, and that a resolution declaring any member ineligible is “res adjudicator and, therefore, a bar to all further action upon that case. As no precedents have yet been cited on either side, the writer desires, through your columns, to call attention to a notable and essentially par allel case, as well as to the rules of law applica ble to and supporting the affirmative of this question. The power of the Legislature to “judge of the election returns and qualifications of its mem bers” is one given it ‘ ‘to guard its own rights and privileges from infringement, to purify and vin dicate its character, and to preserve the fights and sustain the free choice of its constituents,” (1st, Story on the Constitution, Paragraph 833,) and possessing the power it has the right to so regulate its rules of proceedings that the objects for which the power was given, may be attained. This right has been exercised by legislative bod ies both in the United States and Great Britain from time immemorial, and is one concerning which there can be no controversy, for no one believes that our people have been guilty of the great absurdity of proposing an end and deny, ing themeans to attain it. Having this right, the only question which re quires to be answered, in determining its power to reseat the expelled members, is, has the Legis lature adopted the rule of '■‘■res adjudicata," as a part of its code of procedure in contested election cases f The journals do not show that this rule has ever been before, or acted upon by, the Legislature; it certainly was not pleaded in bar to the resolution passed last session, submitting the negro eligibility question to the arbitration of the Supreme Court, nor was it urged by the Georgia delegation, when before Congress, as a defence of tbe action of the Legislature in not reseating these members. And therefore, in the absence of any evidence tending to prove the adoption of this rule, it is fair to say that it never has received Legislative sanction. As it has not been expressly adopted by tbe Legisla ture, it cannot be applicable to and binding upon it, for the reason that it is a rule origin ating with and established by courts of law, for the purpose of protecting the rights of persons as settled by judicial decisions. Without this rule courts could never make on end of litiga tion between parties, give credit and stability to their decisions, or in any way accomplish the ends for which the judiciary is designed. The Legislature, on the contrary, can best irotect itself and the rights of its constituents, iy inquiring into the “election retnrns and qualifications” of its members, whenever, and as often, as the circumstances of each case ruay require. - 1 A case involving the same principle arose in Congress in 1837, known as the “Mississippi Contested Election Case.” The facts are as fol lows : The President of the United States con vened an extra session of Congress in Septem ber, 1837. This was the first session of the Twenty-Fifth Congress. As the regular con gressional election in Mississippi did not occur till the November following, the Governor of the State issued a proclamation fixing a day for an election of members fur the extra session. The election was held, and Messrs. Gholson and Claiborne were returned. When their names were called at the organization of the House, objections were made, but were overruled, and the subject was referred to the Committee of Elections, with the instructions contained in the following resolution: “Resolved, That the Committee of Elections be instructed to report upon the certificate of election of Messrs. Claiborne and Gholson, the members elect from Mississippi, whether they are members of the Twenty-fifth Congress or not ? And that said committee take into their consideration the proclamation of his Excellen cy, Charles Lynch, Governor of said State, and the writ of election issued in accordance with said proclamation on the 13th day of June,1837; and, also, the act of the Legislature of Missis sippi entitled ‘An act to regulate elections,’ ap proved March 2, 1833.” The matter received thorough investigation, and upon the evidence adduced, Messrs. Gholson and Claiborne, by a written argument submitted to the committee and subsequently furnished to the members of the House, claimed their seats in the House during the Twenty-fifth Con gress ; and a majority of the committee there upon made a report to the House which ’con cluded with the following resolution: “Resolved, That Samuel J. Gholson and John F. H. Claiborne are duly elected members ofjthe Twenty-fifth Congress, and as suchare entitled to their seats.” This resolution was reported on the 25th of September, and after a lengthy discussion was adopted on the 3d of October. In November the regular Congressional election Iras held in Mississippi. Messrs. Prentice and Word were the only candidates, and received a • ' jority of the votes cost for members of Co. ess, but less than- half of the cutes polled at that election. At the next session these gentlemen appeared as contestants for the seats of Messrs. Gholson and Claiborne. The whole matter was again referred to. the Comittee of Elections, and, after a thorough investigation, which elicited no neio facts, a majority of the Committee reported the following resolution, viz “Resolved, That the resolution of this House of the 3d of October last, declaring that Samuel J. Gholson and John F. H. Claiborne were duly elected members of the Twenty-fifth Congress, be .rescinded, and that Messrs. Gholson. and Claiborne are not duly elected members of the Twenty-fifth Congress.” This was reported on the 12th of January, and on the 16th “made the special order of the day for this day, and of eaoh succeeding day, at one o'clock, until the same shall be decided.” Mr. Claiborne submitted a written argument setting forth their claims to their seats. He claimed that although the House had the right to unseat them, yet to make its action consis tent it ought to abide by its former decision. The question was discussed daily until the 31st of January, when the above resolution was adopted. . Among those who voted to seat and then to unseat these members, appears the nanie of that able constitutional lawyer, the Hon. James M. Mason, of Virginia. By Article 1, Section 5, of the Federal Con stitution. it is provided that “each House may determine tbe rules of its proceedings;” and acting under this authority Congress has always adhered to the ancient rule and reconsidered its action in cases of contested elections, whene- ever the jCircumstances of any case seemed to demand it. Although this power which is given Congress in express terms, is, under our Con stitution, an implied one; yet, it has always been exercised by our Legislature, .tmd con sidered as essential, to preserve its indepen- dance and freedom of action, as its power to judge of the eleotion or qualifications of its members; for neither without the other would be of any practical utility. The results, then, of our inquiries may be summed up as follows : 1. The Legislature has the power to “deter mine the rules of its proceedings. ” 2. In determining these, it has adhered to the ancient parliamentary rule of reconsidering its action whenever, and as often as, the circum stances of each case may render it necessary. 3. Therefore the Legislature has, under the rules of its proceedings,, the power to reseatthe expelled negro members. Since so much has been said about the rule of "res adjudicata' a few words with regard to its applicability to the case in question, may not be out of place bere. "lies adjudicata" (thing deoided)—a term adopted from the civil law- is defined to be a "legal or equitable issue which has been decided by a oourt of competent jurisdiction.” .' The "mid' is that the issue then deoided is bind ing upon the parties, and a bar to all farther proceedings, on their part, ooncerning the sub ject matter thereof. Bui to make' a matter res adjudicata" there must pe a concurrence 2. “Identity of the cause of action6 'Wheat, 109. 3. "Identity of persons and parties to the ac tion:" 7 Cranch, 271. * 1 Wheat, 6, etc. 4. “Identity of the quality in the persons for or against whom the claim is made :’ 4 Term., 490, etc. The Legislature, in reconsidering its action in the case of the expelled members, will doubt less first inquire into the eligibility of those who now occupy their seats. To this action, then, must we apply the test of "res adjudicata." By the 3d condition, above stated, there mast be an "identity of persons and parties to the action. But these new mem bers were not parties to the action of the Legis lature when the negroes were expelled; there fore, the rule of "res adjudicata" cannot be pleaded in bar to these proceedings. This investigation would show that the ne groes, and not the. new members, were legally elected. The new members, to sustain their claims, would then plead the ineligibility of the negroes by reason of “color.” This would bring in issue the whole questionof negro eligibility, without any action on the part of the expelled members, so that even if the rule of "res udjudicaia" was binding upon Legislative action, it would not be applicable to the case in question. But, as we have seen, the Legislature has the power to reseat these members—apower founded on reason, dictated by the soundest policy and supported by a long series of precedents. How, then, unless this power be exercised, can it, under all the circumstances of this case, “purify and vindicate its own character, and preserve the rights and sustain the free choice of its constituents ?” B. ’Brsr te^eqraph:. From Chalybeate Springs, Chalybeate Springs, July 24, 1869. Editors Telegraph—A spirit of pure philan- thropv prompts me to say to all the heat-opTessed among yonr many readers that here they can escape the sultriness of mid-summer, and enjoy an air pure and cool as that of spring. Daring the present week the thermometer has but once risen above eighty-one degrees, and at mid-day it has generally been between seventy-five and eighty. The nights are cool and bracing, re quiring blankets upon the beds to secure com fortable sleep. Under the present management this is par excellence the watering place in Geor gia. The Chalybeate Spring is too well known as the finest water of its character in the State to require now either encomium or description. Its invigorating properties are truly wonderful. Women and children, who come here pale, ema ciated and debilitated, in a very few days attest its virtues by their heightened spirits, elastic steps and rosy cheeks. Besides this spring there is a sulphur and magnesia spring of more modest pretensions. The Chalybeate is the fa vorite water, andis undoubtedly that best suited to counteract the effects of our climate. The astonishing appetite which it gives to its drink ers is only equalled by the abundant supply of wholesome food which the Messrs. Booher daily spread before their guests. While some of the luxuries of the city cannot be obtained here, the most fastidious are not at fault amid a bounte ous supply of tender spring chickens, fat mut ton, tender beef and well-cured hams—flanked by a goodly array of vegetables and fruits. A pair of Fairbanks’ scales stand in the porch upon which the visitors test their increasing weight—a gain of a pound a day is not unusual —a young gentleman now here from Macon has in nine days gained nine pounds by actual weight, and expects to continue to gain in the same pro portion as long as the Messrs. Booher will con tinue to feed turn at 840 per month. The latter gentlemen are indefatigable in their attentions to their guests—courteous and cordial, they are constantly endeavoring to increase our comforts and our pleasures and every reasonable wish is at once gratified, if within their power. A num ber of bath houses have been arranged affording both hot and cold baths, to which all the visitors are allowed access free of charge. The cottages have been refitted, and when occupied by fami lies and friends, seem very home-like. All the walks leading through the beautiful grove sur rounded by the cottages are dotted with gas lamps, and when these are lighted at night the appearance is not unlike that of a city park. Pleasure seekers may here gratify themselves without extra cost. A teu pin alley stands open free to be used by any fond of this exercise, ahd the Italian band so well known in Macon for their politeness and skill, daily and nightly discourse sweetest music to which those festively inclined “trip the light fantastic” without cost, let or hindrance. Those in search of health or pleasure cannot do better than turn their step3 hitherward. Both can here be found in abundance at a moderate cost. A large number of visitors is now here, gath ered from Savannah to New Orleans. Macon is well represented and the arrival of others of her citizens is anticipated. It is approached by easy staging over good roads. The mountain scenery is refreshing and reminds ns of Virginia, the rich valley furnishing the choicest material for good eating. Apart from the reputation of this water as an appetizer and health restorer there is another consideration, all important to- wit: good board and good lodging at $40 per mouth is irresistible. We receive the Telegraph regularly and pore over its columns with more -than usual interest. To-night’s issue givea’us. the unwelcome news of Turner’s acquital, but we hope he may be decided, at least, unfit to be Post-master over so important a place as Macon. More anon. Cms. ARRIVALS AT THE CHALYBEATE SPRINGS. J. D. McDonald, Letohatchee, Ala.; John Streyer, S. W. R.; J. N. Tracy, Talbotton; Miss Lou Howard, Alabama; Dr. S. W- Bowie, Ala.; N. J. Bussy, Columbus; W. W. Bussy, Columbus; Miss Sallie Bossy, Columbus; Miss Pink Bussy, Columbus; Mrs. C. C. Cody and servant, Columbus; Miss E. T. Cody, Colum bus ; Mrs. Annie Colzey, Columbus; Mr. W. H. Cody, Columbus; Col. Robert Thompson and lady, child and servant, Columbus; Mrs. N. J. Bossy, Columbus; B. W. Bussy and lady, Columbus; Mrs. Murphy, Montgomery; Mrs. Gindrat, Montgomery; Harry Mosely and ser vant, Columbus: C. S. Shorter and wife, ser vant and 2 children, Columbus; Jno. B. McCoy, Talbot county; Dr. Colzeny, Columbus; Dr. Grimes, Columbus; Italian Band, Macou; Mr. Kraus, Columbus; N. J. Bussy, Jr., Columbus; Mrs. T. L. Fanies, Ala.; Miss E. Griger, Ala.; R. Sloan, Columbus; Maj. James Dent, Macon; Mrs. Dent, Macon; Col. C. H. Austin and wife, Ga.; M. P. L. Grand and wife, servant and two children, Ala.: Mrs. Walker, Columbus; Miss Maggie Walker, Columbus: Mrs. A. J. Young, servant and two children, Columbus; Mrs. R.- T. Young, Columbus; A. C. Young, Columbus; M. Malon, Columbus f. Lewis B. Nall and wife, Ga.; J. A. Walker. Maoon; Mrs. and Miss Gresham. Columbus; J. Baggs, wife and sou, Ga.; Mrs. Pi H. Youngblood, Ala.; A. P. Youngblood," Ala.; Alf. 3. Young, Columbus; A. O. Bacon and lady, servant and two children, Macon; W. W. Carnes and wife, child and ser vant, Macon; E. Long and wife, Eufaula; Jesse Thompson. Macon : R. T. Young, Columbus ; Mr. B. Hill and wife; Macon; Herbert Hill, Macon; H. G. Cutter, Macon; Miss F. G.„ Ayres, Macon; Mr. Jas. Smith, three children and servant; Mrs. Dexter, Ala.; G. T. Robin son, Ala.; Cliff Coleman, Columbus; James Young, Columbus ; J. H. Bass, Macon ; B. C. Smith, Macon ; J. A. Johnson, Columbus ; T. J. Stanford, Ga.; Mrs. R. J. Stanford and ser vant, Columbus. ! > 4 From W: Washington, July 26.—Ookpahn, of Louisiana, is here. Judge Sharkey visited Judge DexK^ assuring him of 6 cordial support for Governor of Mnsissippi. Poetmaster-General Cress well endorses Sfokea of Tennessee—which won’t help Stokes—he’s go*e np. A large Mississippi delegation has gone to Long Branch. Postmaster-General Cresswell broke Ms arm in falling from a chair. [Why will a man take more than three bottles at dinner ?"| Rev. Mr. Lynch, (colored,) of Mississippi, who ar rived in Washington some days since, preached in the African Methodist Church. He is said to be the most eloquent and impressive divine in that Church South. He called on Judge Dent yesterday and assured him of his earnest and hearty support of that gentleman in his candidacy for the Governor ship of Mississippi. Revenue to-day nearly one million. The Secretary of War returns to-morrow. The Treasury Department has information of the seizure of one hundred barrels of alcohol at New Orleans. Ex-Govemor Sharkie, of Mississippi, leaves this evening for the North. He represents the condi tion of affairs in his State as very hopeful, and says there is great anxiety among all classes to have the State back into the Union. The Conserv ative Republican Convention will meet in Septem ber. He thinks there is no doubt about Judge Dent receiving the nomination for Governor. In view of a partially incorrect dispatch, tele graphed at noon to-day, Rev. Mr. Lynch (colored) desires the transmission of the following: Mr. Lynch has arranged for an interview with Judge Dent and General Grant, on Thursday next. Lynch declares that all further efforts at reconstruction should be based on universal suffrage and universal amnesty; that the white people of Mississippi have aB thoroughly abandoned resistance to the doctrines of the Republican party as they did to the Govern ment when the armies of Gen. Leo surrendered; that they do not feel any interest in common with the national Democratic party; that when the Southern wMte man concedes to the colored man equal political rights, there is no issue between them, and to create one will be a curse to both raceB. Lynch has conferred with many of the leading Radicals. Delano decides that stamped signatures of col lectors on liquor stamps is unauthorized, and here after the actual signatures will be required. Washington, July 25.—Imported cigars must be stamped and cancelled by a sworn officer of cus toms, under the control of the Collector, for’wMch labor the importer must pay twenty cents per thou sand. Insurrectionary Movements in Spain. Madrid, July 26.—Five hundred drilled troops under Savariego have appeared near Ciudad Real, and a strong parly at Msganzas interrupting rail roads and telegraph wires between the two cities.— A general Carlist rising is expected. Don Carlos certainly crossed the frontier. The fight at Cindad Real resulted in the death of fif teen and wounding of many Carlists. The Gov ernment troops lost three officers killed. Four thousand Carlists have arrived in La Mancha. The Government forces are marching to the scene of action. Madrid, July 25.—The Government has declared martial law. _ From Louisiana. New Orleans, July 26—Collector Casey is hav ing immense amounts of seized sugar stored in the heretofore unoccupied vaults of the custom-house treasury. Solicitor Barfield is here giving his attention to the sugar cases. Supervisor Kinsella is also here. A warrant was issued to-day for the arrest of Auguste Coutourie for concealing his books. Those of most importance to the revenue officers cannot be found. General News. Memphis, Tens., July 26.—There was a severe shock of an earthquake at two o’clock this morning. Several large meteors fell during the night. Havana, July 25.—The rebels have burned the railroad bridge near Puerto Frincipe. New York, July 23.—Fillibuaters, mostly Irish men and Confederates, are paid ten dollars, and dispersed. _ Foreign News. London, July 26.—It is rumored that a treaty has been concluded between France, Austria and Italy, whereby Italy, in case of war, is to support France with fifty thousand troops and occupyViterbo. It is rumored-that Prussia has offered the Pope twelve thousand troops if the French vacate Rome. Brest, July 26.—The Great Eastern has arrived. A dispatch from Constantinople says Egypt is arming extensively. Marine News. Savannah, July 24.—Arrived, sMp John L. Mer- rell, New York. Cleared, brig Stadt Basil, Rio Ja neiro; schooner Central America, New York. An Election Row In Barnwell TWO MEN im.T.im—ANOTHER MAN Fatallt FOUR MEN STABBED. From the Constitutionalist.] WOT,. A Menagaeie in a Tempest.—The Davenport (Iowa) Gazette mentions a troubled journey made by Bailey dr Co.’s Menagarie and Circus, from Muscatine to Davenport. The caravan started at 11 o’clock at night. Before a dozen miles had been traversed, a terrific storm let loose its lightning, thunder and water. The lightning was blinding in its brilliancy, the thunder was' terrific, and the rain, violently driven by the wind, came down in sheets. A panic seized the whole cavalcade—men, horses and animals seemed terror-stricken. _ Eight of the drivers deserted their teams, and it was not Jong before wagons and horses were in inextri cable confusion—a jammed up mass of floun dering animals and overturned vehicles. The darkness, save when lightning illuminated the scene, was impenetrable. The caged lions, ti gers, leopards, wolves, and other beasts became frightened, and bounded from side to side of their prison, and roared and growled and shrieked in very terror. The lightning came nearer and nearer, until its thunder seemed to break in tbe midst of the caravan. The ele phants laid down in the road tad, refused to .more. Three of the horses ware struck by lightning aud jailed. It is a' Wonder that no human lives were lost. At daybreak the scene 1 presented beggars description. , '. • & V'A.'t-j II 1 . ■ . . .. it’,-'. , 1 1 _ . A • l - - From Taylor County. Cotton Prospects—Drought, etc.—Educatian— Exhibition and Examination of the Buttler Male and Female Academy. Editors Tdegraph : As I have not seen any thing lately from this part of the county, I will give you a few dots in regard to crops, educa tion and tilings generally. Com is very good in some sections of tins county, espeoially on the river. I think it probable that we will make plenty to do the county if we can get seasons sufficient. The cotton prospects are tolerably good, con sidering the excessive drought we have had for some weeks, though we have had several show ers lately that will help the wilting vegetables to a great extent. The' forms in the cotton had began to fall off very rapidly and were in a fair way to damage the crop a great deal; but it has been temporarily checked by the passing showers that are very partial. If we can get rain sufficient we will make a fine crop of every thing. The peach and apple orop is abundant in onr vicinity. Our school examination and exhibition have just passed off admirably. The building is lo cated in a beautiful grove, and the pnpils of both sexes were bright in comeliness, attire and spirits. The different classes were thoroughly drilled and well up in their studies. The young ladies in particular read with much grace, and their compositions, if all their own, as I was told, were certainly remarkable. One upon Temperance struok me with its force, truth and pathos. Mr. Williams’ address on education was a brief and excellent performance, which excited much enthusiasm. After candle-light we met in the Court-room, the performance being delayed a little by a hail storm. The vocal and instrumental music was fine.. The Dramatio pieces displayed consider able histrionic talent. 'The Tableau—The Old Camp Ground, as sung and represented by these LiliputianSj with their canteens, knapsacks and miniature tents, wasja gem. As for ladies, young and maturer, yon should have been here to see. Butler and Taylor county have more of them to the sum total of. female population than any other village or county in Georgia.— They had everything for us to eat, and plenty of it Flint River. From 4’oweta County. The Newnan Herald of last Friday morning has the following: Crops.—The prospects for an unsurpassed yield of cotton and corn grow brighter daily. Showery.—The weather during much of the week has been showery. Visitors.—The number *of visitors to our Min eral Spring is gradually increasing. Largo cessions are expected in about ten days. 1 The Mineral Spring.—Owing to some defect in the brick work, the water 'of the Mineral Spring ceased, on Tuesday, to rani out of the' it With rmmeadable activity, ,Kia ISonor, or Brewster, had the brick walk cemented ■the Spring *** all right during iluf From information derived from a coma, gentlemen who were eye-witnesses, and wt 0( rived in the city yesterday morning aft/w **' fins to bury the dead, we learn that » bloody row occurred at the election nn»i. Sleepy Hollow, Barnwell county g Thursday. The occasion was the elect:'! 0 * township officers—selectmen, surveyor i and constable. The Conservatives of the ship had nominated and earnestly presseilu claims of candidates from their party in 0° ■ tion to th> white nominees of the negro*' scalawag combination, for these several JS 5 tioas. Thi canvass had enlisted the wmS 061 ' feelings of the rival parties, although nntnt? declaration *f the election, no rnptnre h»s curred. <*- From the particulars furnished ns the culty seems to have had its origin and as follows: P ro gress When the votes were counted, and it found that the Radical nominees were ,**• Elmore Tyler, an enthusiastic ConLtf.^ who had been thoroughly enlisted in them. 6 of his ticket, exclaimed: “Boys, we’re don t blame you colored people; I blam. ’ * white scalawags.” A. P. Woodward, a 1 of the clerk elect, Pickens Woodward aai v* holds the position of clerk in the store ?° W. S. Royal, in this oity, was present ,3 mantled a retraction of Tyler’s declaratio ° e ' far as it applied to his brother. At this im,?,’ 80 Pickens Woodward drew his pistol ? was approached by John H. Holland wrested the weapon from his nos®!*; A. P. Woodward then drew his pistol whir-io' discharged at Holland, the-ball taking effect • the stomaoh of the latter. The wounded staggered off a few feet and fell to the earth mortally wounded. He was afterwards r moved to the house of S. N. Green, about o--' hnndred and fifty yards from the localitv when he was shot. He lingered, in great sufferiJ until about twelve o’clock at night, when he er pired, and his lifeless corpse was forwarded t his family yesterday morning. The fight then became general, wheats' j Woodward, father of Pickens and A P., whin! out ft large pocket-knife and began an indisoii® mate assault upon those who were identified via, the Conservative party. Attacking Wyatt Tilt hs inflicted a severe stab on the back part of th'j neck of that gentleman. Jas. Tyler, a neptT, of Watt Tyler, and his brother Joseph also! ceived slight wounds from the knife in the hand of Woodward, the former in the side and % latter in the breast. With his thirst for blood not yet satiated, and determined to inflict c the damage which he possibly conld with tc; deadly weapon in bis band, Woodward set njxg Frank M. Green and inflicted a severe wo! in his side. At this juncture the father of Green. Johns. Green, Sr., who was one of the Consemthi candidates for selectmen, observing the dange- to which his son was exposed, closed in wifi Woodward, whom he sncceded in felling to fe ground. . While Green was pinning Woodwyj to the earth, A. P. Woodward discharged tv, shots from his pistol, which took effect in fit left side of Green, causing immediate death Young Woodward also fired upon Frank i Green, wounding him in the left hand. Froc the effects of this wound Green fell, when ha antagonist fired at him again, bnt missed Li aim. Two pistol shots fired by parties nnknoti. took effect in the back of A*.- P. Woodward, pu. ducing wounds which, it is thought, must pro:; fatal. All the parties implicated in this affair were white, the negroes present taking no pu in the fight oh either side, bnt scampered d like rats from a sinking ship. Indeed, weaves were they to having “a place in the picture Wi the flashing of the guns, ’ that it was withsoe difficulty they were persuaded to lend their i- sistance in the removal of the dead and wonndfi We are advised that the Woodwards havens heretofore been classed with the radical & ment, and that the affair turned upon anisw of a local character, as to the best means to de feat, tbe negroes, who had previously nomineted candidates of their own color. Mr. A. P. Wood ward, of Augusta, whom we mentioned as t clerk in the employ of Mr. W. S. Royal, is rep resented, by those who know him best, as a high- toned young man, having no affinities with seal- a waggery. ■ The Itailroad Convention. From the able reports of John P. King, Pres ident of the Atlanta and West Point Railroad, yesterday, we make tire following extracts: After noticing the Superinte&dnnt'a report atd that the Road has declared eight per cent, divi dends, free of Government tut, President King says: . . , . “The uncertainty of all railroad investments has been much increased by the growing policy of State aid,” in neighboring States, as well is our, own. No railroad built with the capital of the.share-holders can satisfy the real wants of the country—can be long secure against rivalry and- competition under the patronage of tie State. No polity could be more unjust or op pressive than the policy of State aid. It is a distinguishing feature iu this policy that tie citizen, who has bruit Ms own enterprise with his own means, is taxed to build up rival enter prises. by wMch his own may be mined, h other words, he is forced to contribute tnoie; for the destruction of Ms own property. The effects of tMs policy are no longer Mtt> theory. Proofis abundant that roads will I: built with little regard to the wants of the pub lic, if men c&h organize and build them at tb: expense of the State. Hence, vast amounts « capital are wasted that might have been better employed—too apt to be followed by loss c credit, and the bankruptcy of the State, si- general financial paralysis. Our road has c- fered, and will, perhaps, suffer more fr® the effects of this pernicious policy i- a neighboring State than in our own, thooii to some extent we suffer in both, sow roads are in progress wMch may affect oorK- ceipca injuriously and others beneficially. R* roads which may affect us injuriously are Lt Selma, Rome and Dalton; North and South A- abama; and, perhaps, to some, extent, the un fin and North Alabama railroads. Those fn® wMch we may derive benefit are the Monfg^; ery and Selma ; New Orleans and Mobile; “ reconstruction of the Pensacola extension of _ Alabama and Florida; Air-Line (if comple and the Golumbus and West Point rauroa should it be built. . • . The President thinks that the receipts of. Road will be as much the coming year as The operations of the Road tavo h* 9 ® ducted with great regularity, and the and employees have generally P® 1 * 0 ??,' duties assigned them with couimenda and fidelity. , .. The following Directors were elected. R. King, E. Peters, F. Phinizy, W. B. John E. Robinson, John F. Mooreland, » B. Lovelace. , , The full and concise report of the cq* tendent will appear in our next. I Blodoett’s Bond.—The Atlanta Constitute corrects the statement of the Augusta I and Sentinel as to the matter of Blodgett s I as follows: . , I Foster Blodgett’s Bondsmen. —We it*' j* I few days since, that we had learned that » ^ I Foster Blodgett’s bondsmen were, H. • I of Atlanta; T. B. Rhodes and R. C. of Augusta, and others. We were miam . ^ I as to Mr. T. R. Rhodes, and R. C. E* 8 * 61 ^, I Their names do not appear on the bon I called this morning at the office of t“ e _ ^ I trailer General, and he promptly gave j | bond to look at. Here are the‘rimmortal . ■ who signed it: W. P. Rhodes, Ephraim j , I William Gibson, Herbert Stallings (made Q i William Doyle, J. P. Poole, of Augusta- ^ I Hoyt, M. J. Hinton, of Atlanta; G. P- ^ of Rome, and J. L. MatMeson. We I lighten our readers as to the amount oi. r ^ I owned by the Atlanta bondBmen, so investigation can be made. Will the , _jj.. I enlighten us as to Augustians, and the j as to the Roman who signed it ? From Borne. foh The Rome Courier, of Saturday, has th« lowing : . I The Lost Man Found.—The man wnu ^ terioualy disappeared from Gave ^P^piiiss- ten days since, has turned up at Gross but refuses, as we are told, to give h» thr* Destructive Drouth.—It ka b** 11 . ^ si- weeks since there has been anything ; equate rain, for the ciopa in com orop, especially, has beau greaUT all the late oom being almost - r i , while the earlier crop has been n»*» i miaished, . ^.t The Oonrier quotes good red wheat /jP to®130. ' .V - The farm owoed’by