Below is the OCR text representation for this newspapers page.

• . .» w mm cL ISBY & "REID, Proprietors. . - ' ■ ■ ■ - ... ” Ttv-r . .. : ■—— ^— : The Family Journal.—Ne?s—Politics—Literature—Agriculture—Domestic Affairs. ■ ■ / GEORGIA TELEGRAPH BUILDING ESTABLISHED 1826.} MACON, FRIDAY, AUGUST 2-7,$§9. YOL. XLIY.-NO. 7 HATES or SUBSCRIPTION : i..TiTTw.*o«ArH-f->rone year. ...S10 00 V TsL*o«ArH-for s>x nu-ntas — 5 00 "“‘‘r.,. ( hortnr period? One Dollar per month, r.\p«n SMi*tVekk j.y Tklkgp.aph—one year.. 4 00 i Swi-WsxprT Telegraph-six m’ths 2 00 !l.Jbotb Wf.cklt Tsleghaph—one year.. 3 00 SUiiMoTH VllUT TtLKGRAPn—sis mouths..... 1 80 gf Payable always in adrance.'uXl noolt and. Job Printing " >( w tly executed at reasonanlo prices. ■ * R tm itunces hr mail with Postmaster's certificate a ear risk- ; rnroiu'iiH Correspondence of the Ma- tu 1 con Telegraph. same things happened again, ami nnlil three o’clock in the morning the populace beleaguered the convents within the city. The nexfciaythe au- thoritieshadmade such preparations, that no like tnmnlts could again occur. Cavalry and regu lar infantiy occupied all the cloisters, and the streets were all guarded by pickets. "What con tributed mostly to the pacification of the people was the announcement that both the prioress and assistant as well as the Pater Confessor had been arrested and lodged within the criminal prison. The Press—newspaper of Cracow, informs ns that this anonymous writer of the letter of in-1 where coaches ai foimation has also^ieen discovered. It is a cer- I his cigar, ttlQ Mr, Gonsi^‘ a ®' ,r *' 1 '' wVia hnn fa > itW»«■ ■» - 1 mr.>olioni bureau in this ml court hi; were sunken in; he could not look into jny face, perhaps because he perceived that I'was aware with whom he spoke. ... - , m) The celebrated singer, Yacht el, who has gone to the United States not long since, whpfe he will no doubt earn well-deserved laure^^for he is perhaps the best tenor now-a-days,^ was, hero Georgia- delivered at Atlanta, satvhda?, AUGUST; 21. From the Constitution,] The Court delivered the following' opinions in causes argued heretofore: > Alfred Shorter, plaintiff is error, vs. Jacob L. Cobb, defendant in error. Action on a not? at Hamburg a common coachmen, driving his given for a slave, from llamV.ph. own hack; and, as the gentleman who drove me j Brown, C. J.—The States lately., composing a few weeks ago through the,beautiful environs ■ the Confederate Government set aside the .Con- of this rich and splendid Jfiy said, his own |stib x iion of the United States, and declared it coachman once. was waiting one day! no longer obligatory upon them; and adopted e squares of the city 1 another Constitution and G i^fmuent, to which to be had, smoking: they require,daU the'i.cm. swear alk-gi- himself, when a rich ) mum. They rejected the -71'of the United! for a customer ir WnU'of Co»”"* l\f' r?-. .4 V V -,-ifw-Ait« Tears hi c jlorribtt C*U of fWVon-» ^.-coverv is said to be as follows: Pater Lew- 1 ' [ x'trd'r In (hi PriunpaVg o/7?.-W—I fwWicz, a Monk of the order of the Carmelites, Z'raiiolby a jIon teho had been Condemned I !:ma been . “ an y J«u* Pater Confessor in C ,lK„li,-The Singer TTachtd-A Xew Singer J same cloister, left--Cracow some time ' ** , ,, . lr , since and went to Irzebima, where he, one night, JjiscoreretJ lhe Experience oj MadoHoitellej considerably drunk, related the fact of Barbara’s jsiiri* Mil Montlcur Charles-—An Anecdote cj i incarceration to the pastor there, an old, ven- the °f Jfonlpensier. i erable gentleman. This gentleman informed his Free City op Hamburg, 1 ! cousin Gonsierowski, in Cracow, who made im- ” mediate reports to the criminal court and the Ministry of Justice. And, singular coincidence, >wfcki. who has an intelligence-! merchant! he ; States, end adopted one of their own in its r, andvwj.-o informed the crini-! wab. very fdfid or siagti!?: "“It is my greatest | stead. They sundered the Union, which was in T>f tbefp.--4 The manner of j pleasure,” replied the future great artist, “when (fact destroyed, so far as it could be done by I can, among my own people, sing with them force, and so remained, as long as they were our popular songs “ Then come to me,” North German Union, August 2, 1SG9.> g few days since an anonymous letter reached tie unthorities at Cracow (formerly a free city, tow united to the Austrian Empire), giving the in the same moment when this inhuman deed comes to light, arrives also the news that in the night of July 23th Pater Lcwkowicz died in the information that within the walls of the ancient i cloister of Czerna near Krzenowice, the most im- i'r.nnery of the Carmelites, in the district of the tisvcalled “the Wassola,” a female had been kept in captivity for nineteen years, and that she was there still in strict confinement. So many particulars were given, that Judge Gebhardt at cnee visited the Bishop, in company of tyo con fidants, demanding the necessary authorization to visit and search the Cloister. Bishop Galecki tt first refused; but when Judge Gebhardt de clared his intention to procure forcible entrance forbimself, gave him a letter of authority to the Csnonicus. The Canonicus led the commission, consisting of Dr. Blumenstock, Physician to the Ourt-at-Law, the Attorney for the State, two citizens, and the aforesaid Dr. Gebhardt, as head of the Commission, to the Cloister, the portals of which were opened only after much delibera tion and delay. Judge G. demanded to see the Abbess, who, being ill, was, after a second great delay, represented by her assistant. Judge G. said briefly but energetically, “Show me at once to the cell of Barbara Bobrik.” The effect was remarkable, and the assistant Ajeil the commission to a cell in the basement se- ■i*ued by two iron doors. Another iron door ^mt to the cell led to the sewer. When the doors of the cell were opened such a disgusting smell filled the air that the members of the court bad to withdraw for awhile, but the terri ble spectable within soon caused them to ap proach again. In the narrow, dark space, dim ly lit by a hole in the wall, was cowering upon a hwdfnl of stinking straw, a totally naked, fe- Mi. Before her stood upon the damp ground, two small plates, containing the remains of her daily food—turnips and a sort of pap. When the poor creature beheld the light of day and people, she rose screaming, begging for food, aad that she was dying of hunger. The survey portant witness. The trial will no doubt be one of the most interesting of modern times, a coan- terpiece to that of a Prussian nobleman at Er furt, who, many years since had kept his own daughter, a beautiful young girl of nineteen years, immured in his own bouse for several years. This event at Cracow, it is to be hoped, will make an end to the immoral and despised institutions of cloisters, convents and nunne ries in Austria. While I was in the interior of Germany during the beginning of summer, another interesting case happened, and I regretted at the time, al though quite near, not to be enabled to witness the trial of the murderer, at Gera, in the princi pality of Renas. The murderer, named Leopold, from Lobenstein, twenty-seven years of age, had been from early youth a bad boy. Leading the life of a vagabond, then and over after, he had been punished several times for theft and other peccadilloes. Through the early death of his mother, he was taken care of by the city and sent to school. When he left it his testimonials were bad. His father sending him as an ap prentice to a miller, after a few months service he was dismissed. The same was the case with a weaver who had to send him away. Thieving and the life of a vagabond had in the meantime become his second nature; yet be contrived to acquire the art of weaving, carried to great per fection in this part of Germany. The time ar rived when he had to enter the military service in April, 1964. His- conduct was bad enough so that he never stood higher than in the second class,- privates being in the army divided in three classes according to conduct and profi ciency. After he left the service he worked in his native town, afterwards with Master Kneusel in Gera. Here he stole a sum of money, and was pnt two years in the penitentiary at Zeitz, after which he was trader police control three years more; during which he worked with a miller where he commenced an affair of the heart, and finally in a cloth-manufactory in Poosneck. Here be resolved to enter the French of the prison was soon ended, since, save the Foreign Legion, applied for a pass-port bnt naked walls and the heap of straw, nothing trh&tever was to be seen but a vessel, connected with the drain already mentioned. The poor woman was a nun, named Barbara never came to take it from the authorities who were willing to give it in order to get rid of him. Leaving Gera, ostensibly to go to France, he visited his acquaintance, the woman Puchta, Uhryk, (or Rubrik) born in 1817, who entered | who Rent him away again, perfectly disgusted the Abbey in 1841 and who had pined away in this terrible hole since the year 1849. Her tody, a perfect skeleton, was covered with a crust of filth. She said, among other things: ‘‘Why do you refuse me coffee, which you {itemised me two years since Then she com- withthe fellow, and he reached Gera on the 18th of July, 18G8, without a penny in his pocket On the 26th July of the same year, on a fine summer’s day. a woman named Pohle, with bas ket. upon her back, as peasant women are wont to go, went to the weekly market at Gera. Her taeoced to heap abuse upon the confessor, re- | road led her over a bridge spanning a gentle lating at the same time scandalous secrets of the j ri\ ulet, overgrown on both sides with dense wil- cloister, which it wonld be impossible to repeat The Bishop, who had been called to the scene, w»s received by her with reproaches; but when he said to her that he had come to set her free, songs said ’the merchant and wo will talk about it together. Wachtel was a fine looking young fellow and soon, through the protection of his newly found friend, was enabled to culti vate his talent and has made himself one of the first artists of the day. A liko case hap pened at Carlsbad not long ago. Mr. do Hnlsen, the Director of the Imperial theatres, at Berlin, was, daring the present season, at Carlsbad, the celebrated watering place in Bohemia, and passing by the telegraph office some afternoon, his attention was attracted by a fine voice with in. There sat the operator, tapping away, and sending off his messages, accompanying this occupation with some magnificently executed roulades. Mr. Hulsen, a good judge’, no doubt, of talented voices, entered into conversation with him and finding the young man only too happy to accept the offer, engaged him for the opera at Berlin, with a salary of two thousand dollars. The sportive youngster telegraphed his father as'follows: “Mr. Pavlicek, senior, Prague, I am just discovered by Hulsen and an to go to Berlin in order to finish my musical ed ucation.. I have for the present two thousand dollars salary. So done on the 9th July, 1869. Pavlicek, junior.” Mr. Pavlicek, junior, will, undoubtedly, when he has gained his reputation, make use of the El Dorado which the United States are for every good, artist. Speaking of artistes just now I remember a recent ease of a ballet-dancer which happened at Paris. She was before the magistracy ac cused of having abstracted a chicken from the stall of a vender of viands. Ia 1833, the ac cused, Mademoiselle Anais, was one of the celebrities of the ballet of the Parisian opera. The haute-volec of all male Paris at her feet. Her reputation penetrated as far as Brazil, and Emperor Dom Petro, who was ambitious to have an opera and ballet like that of Zne Lopeletier in Paris; caused her engagement for the theatre at Rio Janeiro with a monthly salary of 15,000 francs. With her went at the same time, Mon sieur Charles with a ditto salary of 12,000. Quite as enthusiastic as at Paris, perhaps more so was her reception and life at Rio. With au eye to practical business, Monsieur Charles and Mademoiselle Anais, (the former falls in love with the latter,) they nnited their salaries, mak ing the snug sum of 27,000 francs per month. But this happy life was not to last very long. A considerable sum of their salary they had left undrawn in the hands of the cashier of the theatre, when one day said cashier disappeared. Disconsolately the Monsieur Charles obtained an audience with the Emperor, who listened to his complaints with great kindness whispering at the same time something into the ear of the Minister of the Imperial Household. Monsieur Charles considered his troubles at an end: his heavy loss repaid through the grace of the Emperor—and one may picture his despair, when a day afterwards he received a grant of five hundred acres of wild land somewhere in the interior, and a broad hint that His Majesty stands no longer in need of his services. Charles, however, recovered his senses when he heard from Brazilian merchants that this grant is very valuable on account of a moss which grows there. A company is soon erected, implements, etc., purchased, to turn this valuable prop erty to money; and it would no doubt have re alized all the fond expectations if the Indians had not bagged the whole concern and Mr. Charles been obliged to return to Rio penniless. Darais is gone, no one knows where to. 1838 finds both in Paris again: Darais inhabiting a princely mansion, and Monsieur Charles dancing at n cheap theater at the rate of 900 francs a year. They meet again; Charles avows his in tention to quit the stage if he only had 500 francs to commence some small business in the low trees, when she, just upon the bridge, heard a strong rustling sound. Looking quickly in the direction, she beheld the wild faoe of a yohng man who rose breast-high from the thick- she fell upon her knees before him. The Bisk- j et r holding in one hand a naked human leg. op, to the last degree excited, demanded from i Terrified, the woman hastened forward, looking tie nuns the explanation of this outrage, who i neithar right nor left, os if she had seen or heard defended themselves with the excuse that she : nothing. A few paces onward meeting the man was an “insane nnn ;” whereupon he replied; i Koerbel from Langenberg, she communicated “I am in possession of my mental faculties, but | to him what she had seen, and under the protec- were you to confine me as you did this woman 11 tion of a man, she was prevailed upon to retrace 1 would be crazy in twenty-four hours.” He at her steps. They were near the spot when they, eating line, and Darais, benevolent soul, gives once forbid all religious exercises within the ; saw the murderer coming out of the thicket ap- j the money to him. Ten years after, and wane cloister and suspended a sacris, the chaplain i patently perfectly unconcerned, going along the i Charles is steadily going up, Darais is going and confessor. Pater Pietkiewicz. I borders of the rivulet, when they called after ; down, down; he has learned nothing but The newsbAd in the meantime, like wildfire, i him. however, accelerating his pace and going j dancing; hot Charles, ^although mameu spread through the city, and in the afternoon of ! quickly over the railway-line toward the village ! to a brave little French-woman, has not tie 23d ult a great mass of people awaited impa- 1 of Langenberg. Both man and woman had per- • tiently the removal of the victim to the insane I ceived that his hand was full of blood and that asylum, which was effected through a spiritual j he purposely turned his face away from them, commission at 4 o'clock. Barbara TJbryk, who J But when they reached the spot, they saw the had been dressed in nun’s clothes, left the clois- j corpse of a young woman, actually butchered, ter in company of Dr. Gebhardt and a sister of 1 vet warm. The wounds on the neck were inor-. , - , , . ., , the order. Her words on this occasion betrayed j tal—no help there. As quickly ns possible they ; not there to give it to her, and his wife did not no insanity but a darkened condition of her fac- ! went to Gera to inform the authorities, meet- j know her: the tno_ meet be.ore tne magistrate uliies. She jumped for joy when she saw the ' iog on the way another woman, Caroline Len- \ —the whole secret is out, that Anais is Charles light of God's sun again after twenty-one years, ‘ zer, who had likewise seen the murderer. When former love, that to Anais he owes it that he and beheld the fresh green of the cloister gar- | the officials camo to the spot none of those pres- “ ”” 70 lrn7 A 1 erne, den. The nuns accompanied her to the door, j ent could recognize the victim, who appeared to thinking, perhaps, that with her removal the | be about twenty years of age, and well-formed, whole affair was to be ended. At the moment i even pretty. Her clothes, a little basket and a of her stepping through the portal upon the ! portemonnaie with a little money were all found, sheet, one of the nuns, darkly veiled, appeared The physician testified that after the first wound sad kissed Barbara who seemed to recognize j received on the neck the young woman must havo perished. The third day after the deed had dawned, and no trace of the murderer had been discovered, there came the aged basket-maker Burghold, with two daughters, from Coestritz, to the At torney for the State, fearing, with trembling able by their armies in the field to maintain and defend the Constitution and Government set up by them. The destruction of the Union wonld havo been permanent, but for the success of the armies of the United States, which broke the power of the Confederate States, and re stored it by force. 2. Had the seceding States been successful might woujd have compelled the recognition of the right cf their cause; and those who were legally declared rebels and traitors, on account or their failure, would, on account of their suc cess, have been distinguished as patriots and' neroe?- 3. When the armies of the Confederate gov ernment surrendered, and its power was crushed, the people of the seceding States became a con quered people, subject to the fate of the con'- qUered; and the government of the United' states, as it existed during the war, became the 'conqueror; with all the rights and powers of the conqueror over the conquered. And the se ceding States as the conquered, had no right, without the consent of the conqueror; to return to and restore the Uuion, which they had repu diated ; and claim the protection of the flag, and the guarantees of the Constitution, which they had solemnly renounced and thrown off. If the conquering States, at the end of the war, had re fused to restore the Union ou any terms; or to have any farther connection or association, with the seceding States; the latter would have no right to demand its restoration, or to claim the further protection of the Constitution upon which the rejected Union was based. 4. It was the prerogative of the conquering power, to dictate the terms upon which the conquered. States should be restored to their position in the Union; with the rights under the Constitution which they enjoyed before they renounced them by secession; and the con quered States had no appeal from the decision, and no alternative but submission to the terms dictated. 5. At the close of the war the President of the United States, in a solemn proclamation, dated 17th of July, 1863, declared that the re bellion “has in its revolutionary progress de prived the people of the State of Georgia of all civil government.” And the Congress of the United States by an act passed 2d March, 1867, declared that “no legal State governments” then existed in the rebel States, of which Geor gia was one; and that, it was necessary that jjeaee and good order should be enforced in said i States, (by the military power of the United States,) until loyal and Republican State gov ernments ‘’can be legally established-’’ Said act also declared any civil government vhick may exist in said States, provisional only, ‘and in all respects subject to the paramount auttor- ity of the United States, at any time to abolish, modify, control, or suspend the same.” 1 6. Before any State government, to be fonied under said act of Congress, is to be operative and valid, the requirement of the act is, thatlke now Constitution “shall have been submitted to Congress for examination and approval, ind Congress shall have approved the same.” j If Congress foiled to approve it upon examinatpn, it was inoperative and of no effect till soap- proved. 7. Congress disapproved the Constitution: ab- mitted by the Convention of Georgia, callei. in obedience to the requirement of said act, hnd amended it by striking out certain parts c: it, which the Legislature of the State, which hai no authority to amend or make a Constitution, was required by Congress to sanction. The preient Constitution, under which we now live, and un der which this Court is organized, is not, there fore, the Constitution formed by the people of Georgia, but the Constitution as amended »nd approved by the Congress of the United States, by virtue of their authority, as the conquering power, to dictate a form of government to the conquered. forgotten his former love and aidded her in every possible way, without being able however to maintain poor Anais altogether. Ten years more in t£is year ’69, one day, troubled with the pangs of hunger, she abstracted during Charles absence a chicken, because Charles was her at once, for she said: ‘Tt ia you, Agnes, come with me.” During the short transit to the asylum she called continually for Agues, faint ing shortly afterwards under’the influence of the fresh air. The director of the asvlnrri received the order to admit none to her but Dr. Gebhardt, the judge and the two physicians, Doctors Bln- ! voice, that the person found might be his daugh- mepstok and Jakubowski. She was brought, in I ter, who had been expeoted at home several her feeble condition, in a room, and, unaccus tomed to sleep in a oomfortable bed, fell out of it in the night. Since she has been cleansed and properly dressed, she does not look quite as vild. Her whole appearance is that of infinite Misery. There is not a vestige of flesh in her fwe. the eyes are deeply sunken in their sock ets, brows nnd eye-lashes are totally fallen out —the eye balls totally dimmed. Sometimes she *peaks liko a reasonable person, mostly, how- days since. She served at the house of a mer chant, at Gera, and was to have visited her home dnrrag the temporary absence of the fam ily with which she was. The clothes were rec ognized at once, and the scene when father and sisters beheld the dead body of their loved one horribly mutilated is not to be described. Soon the court received news and proofs which made it positive that Leopold was the murderer. The motives of the deed were not discovered even tT *r, the greatest nonsense, so that the doctors i during lhe trial. He was arrested at Strassbourg •i* obliged to watch her steadily. I in France. Sixty witnesses testified ugainst him, It is obvious that the greatest indignation j and the jnrors brought a verdict of guilty with r«igned in Cracow. In the evening of Friday, ; 11 to 1 votes, whereupon the court sentenced *t eleven o’clock, a crowd of people from the ; him to death. The most tragic part of the whole letter classes assembled before the cloister, j affair is that the aged father, deeply moved du- ‘loished the .windows, and were about giving j ring the trial, died two days afterwards in the greater practical proofs, when the military ap- i house of a stranger, away from a home, of sor- Yet another attempt was made; the t row, and of a broken heart. ■ doors were broken open, and a surging wave of ; Another case and I am done with these kamau heads entered the conrt-yard, with wild . scenes. A few days since there came to my fries of “Away with the Nuns”—and some J office a man who gave his name as Lerche, ask- vonng fellows had already reached the cells, j ing for information as to the best manner of when lhe troops succeeded to throw them ont reaching Virginia, where he wished toemigrate- As the man had no means I conld hold bnt little encouragement out to him and he left just when my associate entered. He (my friend) looked rather singularly at me. and after a while tg.rin—only with difficulty could they clear the f°urt-yard. All felt, of course, that under the provocation it would be impossible to use the weapons against the populace. In the night of J. * •hesecond day, Saturday, after the discovery j asked: “Do you know that man: *<ot at of Barbara, a vast assemblv, in a procession, | all,” I answered; “he caine^to me to send.him Speared before the cloister, and nearly the t to Virginia as an emigrant.” “Thisman, my ^me scenes were re-enacted. The remainder friend replied, “was condemned to death not of yet unbroken windows were smashed in, and long since for having set his own house on fire Mones so heavy were thrown upon the roofs of j Dnring the fire the husband of a woman living •he nunnery that the feeble shingles went ev- j in the same house with him, met his death by frywhere to pieces. A strong military force j jumping out of the window. It ‘Ppearing, the crowd cried: “Let ns go to the not proven daring the trial, that he had thrown Cloister of the Jesuits—down with the Jesu- he man out of the window himself, and there •••I” The Jesuits, advised of their dangers, ! was considerable probability; because Lerche blockaded their gigantic entrance door; con- I lived with that woman. The jurors found him healed themselves in sacred comers within .the ! guilty of arson and the Judge sentenced him to »building, and extinguished the lights in their death.' The lawyers discovering some technical Cf Jk The people commenced their demon- ' error in the proceedings, the trial was set aside. * miration with a charivari ; then began to smash t a new one ordered, and during the second trial •he-windows; greeting every pane that came : he was acquitted.’ . down with a deafening halloo. Several BfcroDg ; ‘'Perhaps,” I joined in, “because he was en- MIows now made attempts to force the door;' abled to produce witnesses to mitigate his others climbed over the walls in the garden to 1 guilt ?” . I , i from within, and the united forces of the “No, because the jurors were startled when staunch young Craoowians broke the door at: the Judge, during the first trial, sentenced him ■•4 A few brave Jesuits who commenced to to death.; In the mean time public indignation * e, aGiiBtvate with the people, and among whom • had somewhat abated ; ;' ;>s the Prior, were maltreated and wounded, pity him, and that saved -ae whole Jesuits were in imminent da 71 t en the military cleared the place again. people commenced to pity him. and tuat saved his life.” The man has a free passage to Chili or Brazil, 1 and left a few davs since. The long confine- has anything at all, and his brave little wife; (who would not have married him without the stall, you know) and with real French nature they all wept and embrace, and the judge wipes a tear out of his eyes with his cambric pocket- handkerchief and declares they must hence forth be very, very happy, which no doubt they will be. I conclude my epistle with an an ecdote of the present pretender for the Spanish crown, Duke de Montpensier. which I read re cently in the memories of d’Alton Shee, the democratic Peer of France, and which gives some insight into that gentleman s character. It was the 24th day of February 1848, and within the Tuileries reigned great disorder. Louis Philip was still in hopes to save his crown and to calm the storm through new concessions. The Queen was bathed in tears, and conjured him not to falter; Bugeaud counseled resist ance, the Princes were silent, only the Duke de Montpensier, the youngest one of all, entreated his father with unbecoming violence to abdicate, since he feared for the dynasty, having no thought of things such as a* republic. In this moment, Girardin entered the hall and exclaim ed : “All is lost, Sire, if you do not abdicate.” The Queen cried ont: (d‘Alton Shee whs pres ent) “Never, never, my husband ! Prefer ruin to shame! A king of France must not leave his throne like a coward.” The old man strug gled with himself; Nemours remained silent; the Widow of Orleans, the full of sorrows, poor Helen, sobbed and was near to spasms, when Montpensier pushed his father violently toward the writing-desk, took hold of him by the shoulders and said harshly: “Sign the act, sire, or else we are all lost. Have you lest your senses ?” The old King was pale as a sheet.;— He took the pen and wrote slowly with large letters, without trembling, his abdication.— When he was ready, his son peered down upon the paper, full of curiosity, to read the contents of the eventful document, when the King seized the pen yet full of ink, pushed it into the face of Montpensier. blackening it considerably, and cried out: “Miserable fellow, are you satisfied nnw ?” • ■ ' Fatal Foolhardiness.—An infatuation pre vails among English tourists to the Alps, risking their lives in climbing to the almost inaccessible summit of some peak. Several persons have perished in these attempts, and another casual ty was added on the 27th ult. to a list of fatal accidents already too long. Two clergymen named Phipps and Elliott, aecompained by three guides, endeavored to ascend the Schreck- hom. Thev were half way up to the final peak and cutting* the last steps to reach the rocks of the summit, wbenMr. Elliott, in springing from the snow to some rocks, lost his footing and roll ed down one thousand feet, untilhe disappeared among the glaziers. One cannot avoid the con viction that the unfortunate man was a victim to his foolhardiness. There was no scientific fact or information to be gained by the risk which he and his. companion ran. In short, nothing but the boyish desire to get higher than any one else had done seems to have instigated the expedition. ■ i y ... contract for the price or hire of slaves in the other, have„- been impaired, violated, or de- troyed: it Was not the act of the State, because coerced, and not voluntary. Bnt it was the act of the government of the United States, exercis ing its power as a conanerer; in forming gov ernments in conquered* States whose power is not limited by any such restraints as to .obliga tions of this character; as are. imposed by the 10th Section of the first article off the Constitu tion of the United States,-upon States, whose relations to the Union have'never .-been dis- tnrbsd. . Juclg.Aent affirmed. . f'-. MeOay, J., concurred in the judgment,' but defers giving his reasons till he writes ont his opinion. Warner, J., dissenting.—I dissent from, the judgment of the Conrt in this case, for the rea sons stated in White vs. Hart and Davis. A. Hood, E. N, Broyles, for plaintiff in error. Herbert Fielder, for defendant in error. . William' White, St (^plaintiff, in error, vs. John R. 'I and W. D. Davis, se curity, defendanterror. Action on a note given for a Bla-fle^from Chattooga. ■ Brown. C. J.^The judgment in the case of Alfred Shorter vs. Jacob L. Cobb is applicable in this case. From the reasons therein given, the judgment of the Court below is affirmed. Judgment affirmed. McCay concurred in the judgment, but defers giving Ms reasons till he writes out his opinion. Warner, J., dissenting.—At the time the con tract was made between the contracting parties in this case (to-wit) on the 9 th day of February, 1859, slaves were held, and recognized by the laws of tMs State as property, and constituted a legal and valid consideration for that contract, and, the existing laws of the State at that time, imposed a legal obligation upon the maker of the note to perform that contract in accordance with its terms, and stipulations. The 10th sec tion of the first article of the Constitution of the United States declares, ‘No State shall pass any laic impairing the obligation of contracts.” The seventh paragraph of the seventeenth section of the fifth article of the Constitution of this State declares. “That no Court, or officer, shall have, nor shall the General Assembly give, jurisdic tion, or authority, to try, or give judgment on, or enforce any debt, the consideration of wMch, was a slave or slaves, or the Mre thereof.” The Constitution of tMs State is the fundamental law thereof still, it is a laic of the State, and when it destroys, or impairs, the obligation of past contracts, valid by the existing laws of the land prior to its adoption, it is as clearly within the prohibition of the Constitution of the United States as any other law of the State. If no State can pass any law impdmng the obligation of contracts, no State can pass any law destroying the obligation of contracts. This clanse of the Constitution of this State not only impairs bnt destroys the obligation of the contract, as the same existed under the laws of the State at the time the contract was made, by denying all remedy to one of the contracting parties for the enforcement of that obligation under the laws which existed, and created that obligation at the time the contract was made, and to that extent, is a palpable violation of the Constitution of the United States andis therefore null and void. The loss of slave property by emancipation, should fall upon him who was the owner of that property, at the time of the eman cipation thereof—unless it shall he held and de cided that slaves were not property under the laws of this State at the time the contract was made, and constituted no valuable consideration therefor in lavc,to support it. This portion of the Constitution being void, it does not defeat or take away the jurisdiction of the Superior Courts “in all other civil eases” as expressly conferred by the third section of the fifth article of the Constitution of 1868. W. Akin, E. N. Broyles, A. R. Wright, F. A. Kirby, for plaintiff in error. T. W. Alexander, Harvey & Scott, for defend ants in error. B. F. Hardeman, plaintiff in error, vs. John Dawner, defendant in error. Homestead, from Oglethorpe. McCay, J.—Homestead and exemption laws, when made in good faith, to secure to the family of insolvent debtors a reasonable means of sub sistence, from the debtor’s property, do not even, though retroactive, fall within the prohi bition of article 10, section 1, of the Constitu tion of the United States, declaring that no State shall pass any law impairing the obligation of a contract. 2. The Constitution of the United States does ! not proMbit a State from divesting a vested deluge of destruction which redneed an opulent i fifth article of the Constitution of 1868. and proud people to poverty and drove them to i the verge of despair.’ 3. In this state of things, the homestead meas- ; ure was a necessity, and its adoption was dicta- I ted by sound public policy, to save a large class Toombs and Dubose, for plaintiff in emir.' Wm. Reese, for defendant in error. From Monroe County. We clip the following from the Monroe Adi of intelligent, patriotic citizens and their fami- i lies from des^ndency, by placing it in their» vertlsor of 24th: power .again to become useful members of so ciety, and by honest toil and the exercise of frugality and economy to maintain a competen cy, if not to acquire, even in a greater degree, the comforts of life. 4. Sound public policy required the adoption of this measure as part of the terms upon r, inch the State was to be re-admitted to her tights in the A bale of cotton of the new crop; was -re ceived at the warehouse of Mr. G. A. Cabasiss, on the 20th instant. It was grown on the planta tion of Mr. G. W. Rhodes of tMs place. It weighed 377lbs., and was sold to Dumas, Wat son A Co., at S3 conts. Mr. j. W. Williams and Benjamin McGhee, of Jasper county, had new com ground into Union, to prevent monopolies, and the reduc- | me& l, 011 the 31st July. Rather early, tion of s large majority of her population to a ‘ The drought in tMs section still continues, ac- oondition of tenantay and vassalage. While | companied by oppressively warm weather. Last rights arid property of every other description had been lost or destroyed by the war, to have held that judgments, mortgages, etc., in the hands of note shavers and money lend ers, were the only property that had been in sured by the Government, and that was too sacred to be touched, and to have made no | readers. Saturday, the thermometer stood at 94 degrees in the shade. Cotton is suffering greatly for rain, and is rapidly shedding its fruit. Another - week of dry, hot weather will cut the crop short. We are in hopes, however, that the blessing of rain will descend ere this meets the eyes of our 8. The ablest writers on Constitutional law ! right, except when that right is vested by virtue admit, that the 19th section of the 1st Article of the Constitution of the United States, which de clares that no State shall pass any law impair ing the obligation of contracts, restrains the ac tion of the States only, and does not limit the power of Congress to pass laws impairing such obligations. 9. The rights of creditors in the conquered States were no more sacred, and no more enti tled to protection at the hands of Congress, in of, and under, a contract of the parties. 3. A creditor under an ordinary contract ac quires no vested right in the property of his debtor, and it is within the power of a State to declare which of the claimants against an insol vent debtor, a stranger or his wife and family, who, by law, have a legal right to a support from him, shall have preference. 4. The condition of this State in the formation and adoption of the Constitution of 1868 was the formation of the new State governments un- ( anomalous, and it was competent for the con- der said provision of the Constitution of the i vention and the people with the express con- United States, than the rights of the slaveholder ' sent of the United States to adopt as a part of (many of whom were Union men to the last.) in I the Constitution, the article therein providing liis property, were entitled to protection under j for a homestead, or any other provision design- the same Constitution. i ed to adjust the evih and inequalities produced And if the State of Georgia had the power nn- I by the ravages of the war, and the emancipation der the dictation, and with the sanction of Con- | of the slaves ; such provisions stand upon the gress, to insert in her Constitution a provision ! footing of a compact between the State and the destroying the rights of the loyal slave -holder J United States, at the close of the war, in ad- in Ms slave, without compensation, she had the j justment of the inequalities produced between same power, under the same dictation and : individuals by the settlement imposed upon the sanction to destroy the property which the cred- j people by the United States, itor had in his bonds, mortgages and promisory i The Constitution of 18G8, was made for a notes. The one was no more legally sacred . people without civil government, and no Conrt than the other, and had no Mgher constitutional established by that Constitution, can take upon guarantee for its protection. itself a jurisdiction therein denied to it, by 10. In forming a Constitution as the basis of j assuming ''a jurisdiction belonging to some the new State government, which was inopera- : Court of the civil government destroyed by the tive till approved by Congress, the Convention 1 revolution. If the new Constitution fails to had power, with the approval of Congress, to carry over to the new organization such jnris- deny to the courts of this State, created by this diction as is necessary to enforce a legal con- Constitution, all jurisdiction to enforce the col- tract, it is a failure, not in the power of the lection of debts contracted prior to a particular Judiciary to remedy. The evil, if it be one, is date, or debts contracted during the war, or political, and rests with that power wherein is debts of a particular class which in the opinion deposited the sovereignty of the State. of Congress, shonld not he enforced in the coarts ’ The homestead provisions of the Constitution established under its supervision, as part of said j of 1SCS, is retroactive, and applies to judg- new State government. i ments, executions, and decrees, founded on 11. The Constitution formed by the Conven- 1 debts contracted before its adoption, even tion of this State, and submitted for the exami- (though reduced to judgment before that time, nation and approval of Congress, denied to all and is without exception, save as therein pro- Courts under it jurisdiction to try or determine ■ vided. any suit against any resident of this State upon j The exceptions in said provision are also re- any contract or agreement made or implied: Or ' troactive, and cover debts of the excepted char- up’on any contract made in renewal of any debt acter whenever contracted, existing prior to the first day of June, 1865. To Each of the exceptions is to be read in con- this general denial of jurisdiction, as to all nection with the words “judgment, execution or debts existing prior to the first of June, 1865, decree,” and with such other words as are ne- ihere were seven classes of exception. The ' cessary to complete the sense, so that before seventh was in these words :• ' such of said exceptions is to be understood, the 7. “In all other cases in which the Genexcl ' words “judgment, execution and decree,” found- Assembly shall by law give to said Courts juris-' ed on a debt contracted for the purchase money, diction \ Pr‘>r : d(d, That no Court or officer shall etc. have, nor shall the General Assembly give ju- ; Brown, C. J., concurred as follows: The risdiction or authority to try. or give judgment' same propositions which are announced in the on, or enforce any debt the consideration of case of Shorter vs. Cobb, as to the denial of which was a slave or slaves or the hire there-- jurisdiction to the Courts of this State, to en- of.” Congressupon examination struck ont the force debts for slaves or the Mre thereof, are whole of this section relating to the denial of ‘ equally true and applicable to that part of the jurisdiction; exceptrihe said proviso to said sev- new State Constitution wMch secures to each enth exception;'and retained said proviso as family a homestead, and declares that no Court part of the Constitution. Thus the provision . or ministerial officer shall ever have jurisdiction now under consideration, retains its position in , or authority to enforce any judgment, decree or the Constitution, with the marked and particu- j execution against the property so set apart, ex- lar sanction and approval of Congress. ’ cept for taxes, eto., as therein excepted. This 12. If the State of-Georgia in the formation denial of jurisdiction applies as well to judg- of her new Government under the dictation and ments, decrees and executions rendered prior, approval of the Congress representing the con- ; as subsequent, to the adoption of said Consiitu- querer, had' the power to abolish slavery and j tion. destroy all property in slaves, without any com- | 2. Amidst the general wreck of fortunes and pensation whatever; and in so doing did not destruction of rights, caused by the war, the violate the rights .guaranteed by the Constitn- State, by her Convention, called, as required by tion to the slaveholder, wMch'is now generally Congress, to form a new State government, had acquired in,- and universally acted upon; said the right' to propose this measure to the con- State also had power under the same dictation quering government, wMch had the power to anil supervision, to destroy all property in debts approve and sanction it, as a means of equaliz- contracted for slave or hire of slave, emanci- ing losses to some extent, and of retaining and in- pated in the bands of purchasers, and' to'deny viting population, by securing to each fumily a to the Courts created by the Constitution of the home, free from all liens, which were.expected new State government jurisdiction to enforce by both debtor and creditor, to have been satis- suv such contract. If the rinhts of the slave- tied by property which was swept away by the Monroe Female College has entered upon its fall term under the most flattering auspices, and - its faculty is greatly encouraged. The following counties in this State are represented in the in- . stitution: Bibb, Butts, Burke, Orawfofd, Dougherty,. Effingham, Fulton, Greene, Hous ton, Lee,’Monroe, Pike, Pulaski, Talliaferro, Talbot, Upson and Washington. The whola number of students is ninety-six—a considerable increase over the fall term of last year. Such evidences of the success of the College is very gratifying, and we hope to see the institution crowded to its utmost capacity. The cotton crop of Jasper county is reported to be in a deplorable condition. Mr. N. O. Al exander, of that county, informs ns that the crop is cut short nearly one-half. A long and severe drought has been experienced in that section, and planters are disheartened at the phospech. The drought is general throughout the county, 1 Houston Railroad Mooting. Perry, August 20, 1869, It was thought best by the citizens to convene the meeting,(which adjourned from the 3d inst.» toto-morrow, the 21st,) to-day, asit would suit the convenience of the people best—the Supe rior Court having adjourned, on account of the illness of His Honor, Judge Cole. On motion, David M. Brown t Esq., was- j called to the Chair, in the place of Mr. John T- Cooper, temporary Chairman, who. was absent. , The report of the Committee of Correspondence was then called for, and, although they could not make a full report, by reason of the short-. ness of time, yet their partial report was most . satisfactory. General Warren and Mr. C. C. Duncan made some practical suggestions, , wMch assisted greatly in giving direction to’the action of the meeting. That we will have,the , railroad built may now be regarded as almost a certainty, if the determination with wMch the people take the matter into hand, is to bo re garded as an indication. On motion of A. 8. Giles a- committee of * twenty was appointed to open, books of subscrip-. ’ tion, to see how much they would be able to. vif raise on the line of the road to aisist in its con struction. No subscription to be received of less than one share, of $100. Of the committee on subscriptions five were appointed at each bf the more important points along the proposed line of the road, as follows: Ferry—A. S. Giles, Chairman; General Eli Warren, M. Marshall, E. L. Felder, Dr. J. D. ** Smith. Haynevtlle—Joseph Tooke, Chairman; Dr. S. A. Riley, Sam Henly, B. W. Brown, John R. Wimberly. Fort Valley—Dr. Matthews, Chairman; W. J. Anderson, J. EL Houser, D. H. Houser, W.. H. Harris. ' , Hawkinsville—Norman McDuffie, Chairman^ General O. C. Home, Dr. John Laidler, Rawle, Major Pate. arrangement, with.the assent of Congress, in readjusting the status of the State, to prevent the sale by the sheriff of the vast ex tent of territory in the State covered by these old liens, at a time when there was very little money in the State with wMch to pay debts or to purchase property, would have resulted in the sacrifice of the lands of the State under the sheriff’s hammer, and their purchase by a few wealthy persons and companies, which wonld have built up a landed aristocracy more lordly and controlling, and much more exacting and oppressive, than ever existed under the old slavery system. The Convention had a right to propose a remedy, and Congress had a right to interpose and sanction a Constitution which prevented this great public wrong. ’ In the plenitude of its power over the conquered State, Congress did so, and it acted justly and wisely in so doing. 5. That part of the Constitution of tMs State which denies to the Courts jurisdiction to en force any judgment, execution, etc., against the homestead, does not violate the tenth section of the first article of the Constitution of the United States, as the said State Constitution was formed under the dictation and control of Congress, as the representative of the conquering govern ment. and is the act of Congress, because it de rives its validity from the sanction of Congress, and not from the free choice or consent of the State; and it matters not whether the part of the State Constitution now under consideration was dictated by Congress or proposed by the Convention and accepted and approved by Con gress, the legal effect is the same, as the whole instrument was invalid and of no force till it was approved by Congress, whose power is not lim ited by said section of the Constitution of the United States. 6. It is not the business of the courts to in quire wbeter the homestead is larger than was actually necessary. That was a question for con sideration of the Convention which proposed the measure, and for the decision of the Congress which approved and ratified it: 7. The word incumbrances in the 1st section of the 7th article of the Constitution of tMs State is not to be construed in its broad legal sense, and to embrace all judgments, decrees, mortgages and executions. To say that no conrt or ministerial officer in tMs State shall ever have jurisdiction or authority to enforce any judg- ment, decree or execution against said property so set apart as a homestead; except that they may enforce all “incumbrances thereon,” which means any and all judgments, decrees and exe cutions wMch may at anytime exist against the same, is to say that the convention and the Congress were guilty of the absurdiiy of deny ing jurisdiction in all such cases by the body of the act and restoring it by the proviso or excep tion ; which is contrary to all true rules of con struction. 8. We are jo construe this part of the Consti tution in connection with the whole instrument, On motion of E. L. Felder, the meeting pro- . when we are attempting to ascertain what the i ceeded to elect a permanent President and Sec- law-givers meant. Taking the whole together j retary. Mr. Brown, chairman pro tem, being as proposed by the Convention, all jurisdiction i nominated, requested Dr. J. Dickson Smithto . was denied to the Courts to enforce any judg- j take the chair. David M. Brown was then unan- ment, execution or decree rendered upon any j imously elected permanent President of the . contract made prior to the 1st June, 1865, ex- j Houston Railroad Association, and Mr. A. 8. cept in certain excepted cases. Now, it seems j Giles was elected permanent Secretary. On mo- quite clear after tMs denial of jurisdiction, that j tion, Mr. Brown was requested to act as a gen- they did not intend by the use of the word in- | eral member of the committee of twenty, and cumbrances, in the section now under consider- ; Mr. D. W. Yischer, of Fort Talley, was added ation, to restore the jurisdiction in all cases where it might authorize the sale of the home stead ; the protection of which wa3 one of the special objects of their labor and care. Warner, J., dissenting.—The first section of the seventh article of the Constitution of this to the Fort Talley committee. The following resolutions- were- adopted: ' * Resolved, 1st, That the Macon papers be re- » quested to publish, and the Hawkinsville Dis- * patch to copy the proceedings of this meeting. Resolved, 2d, That the President is authorized * State, declares, that “each head of a family, or to call the Association together at any time guardian, or trustee of a family of minor child- . business may require a meeting. ren, shall be entitled to a homestead of realty to the value of two thousand dollaes in specie, j and personal property to the value of one thou- : sand dollars in specie, both to be valued at the j time they’are set apart. And no Conrt, or min- j isterial officer in this State, shall ever have jur- i isdiotion or authority, to enforce any judgment, 1 On motion, the meetizig adjourned sine die. Dxvn> M. Brown, Chairman. Edwin Martin, Jr., Secretary pro tem. Tlie Canvass in Mississippi. Ex-Senator Albert G. Brown, of Mississippi, , - . , ., - - - ■ has written a letter to Judge Dent, the Conser- decree, or execution, against said property so , valive caudate for Governor of that State, de set apart, mcludmg such improvements as may darfpg that it has never been expeoted that be made thereon from time to time, except for taxes, money borrowed and expended in the Im provement of the homestead, or for the pur chase money of the same, and for labor done thereon, or material furnished therefor, or re moval of encumbrances thereon.” Although the foregoing provision of the Con stitution does not, in express terms, include con- Dent could enter the canvass for Governor other- • wise than as a Republican. The people of the State regret that the election has been pnt off ( until such a late time on account of the disas trous influence upon the agricultural interests.' The main idea in wanting Dent to take the head of the ticket was to assur» the President of their' sincerity to support Ms polioy, and they would rfi tracts made prior to its adoption; still the ; not have offered the leadership to the President’s words employed are broad enough to include brother-in-law had they contemplated treaohery. judgments obtained on contracts made before Tho object in offering Dent theleadersMp was - that time. AU remedy is denied for the en- that they believed Mm to be in full spmpathy ‘ forcemcnt of “any judgment” by denying ju- *with the President, personally and politically. . risdiction to the Courts. If it _ was intended , They intend to put a ticket in the field in- that this provLsion of the Constitution should : September composed entirely of the President’s • have a retroactive, operation, and apjfly to past fronds who they intend to elect, if he will let contracts, then it is e* post facto in. Us charac- ; t b em . All they ask is that the President will ter, and is violative of the fundamential pnn- i carr y out his promise and see that a fair elec. ciples ofthe sociul compact, aaitwasheM and . tioa J ba held. They denounce the administrai * decided by this Court in the case of Wilder vs. tion of Ames as tyrannical, he having turned Lumpkin—-4th Ga. Eept s, -08—and also is in Dent’s friends out of office, although they were . violation of the fundaments principles declared g0 od Republicans. They declare that the Pros--' by the first, fifth and twenty-sixth sections of idem, by upholding Ames, will drive from Mil. toe first article of the Constitution of 1SGS. . support nineteen-twentieths of the wMte men. * This provision of the Constitution takes prop- : and sooner or later a large portion of toe erty of the value of three thousand dollars groes jin specie, which was subject to the pay-T l n ’conclusion, Gov. Brown declares that a> ment of toe debt of the creditore at the large majority of toe wMte men of the State,£W-. ■ time the contract was made under the then exist- . .. ~ .. '- ing laicsofthe State, and which, in honesty, and fair dealing, justly belonged to him, uadwith- _ ou>laOT w DlolB uy luo out his comsent, transfers it to the debtor. Wlxen of October, make his first speech at Jacksop, we take into consideration the gross and fla- and then attend mass meeting An easy victo- • ’ . ^ grant injustice wMch will be done by making „ for tim is ant i c i p ated.- %uisvilie Courier- * • the general words of the Constitution embrace • Journal «» « past contracts, we ought as a Court, in all de- . — * cency to presume, that it was not intended by j Personal.—We had the pleasure of meeting J • the framers thereof to have a retrospective op- on Sunday last, our fellow-citizen,W. H^IJoung, - * » m , eration, but only applicable to such judgments Esq., who has just returnedfrom England, Mr. 'J * as might be obtained on contracts made after Y. is in fine health, and has brought bock with ' • its adoption. But if it was intended, to embrace Mm, in addition to other tMngs, a vast fond of '" judgments on contracts made prior to its adop- interesting and valuable knowledge of the man* *•» ,• tion, then this provision of the State Constitn- ufactories of England and France. He.inform- • • * tion is in violation of the 10th section of the ed us that he was enabled to purchase for the • * . first article, of the* Constitution of the United new factory, now in process of erection, nejv *• •* * a, States, wMch declares, that “No State shall and improved machinery at such ratesihat after. ♦*" * pass any law imparing the obligationof con- paying duty,it can belaid down, here cheeper V, < tracts." Although, the Constitution of a State than that furnished by Northern machine shopt, - is its fundamental law, still it is a law; of Mr. Y. took occasion to inform himself as to ■%,' the State, and if any of its provisions im- cotton supply and matters connected therewith. ■ y * pair, or destroy the obligation of contracts, He is satisfied that the present crop trill bring a • t .ji' it is as much within the proMbitiou of the fine price if planters do not erowd-it too hastm^ ‘ * Constitution of the United States, as any upon the market. He says, the opinion-of us' *' \ other law of the State, and to that extent, is nail abroad is, that if we wottd raise our cotton.' * » ' and void. The first section of the seventh arti- spin it, and make our own,provisions, we would » * •* cle of the Constitution of the State of Georgia, soon be the most wealthy and powerful people in*•, in my judgment, not only impairs the obligation the world.—Columbus Enquirer, 24$. , ’« of the contracts made prior to its adoption;’ but — ■—q. ... ,%• in all cases where the debtor’s property does not ■ New Cotton.—Up to this date twenty-two • exceed in value the sum of three thousand dob bales of new cotton have been received at ibis ’ f lars in specie, it destroys that obligation by the place the present season, eighteen of these balsa r i „ denial to one of the contracting parties all rem- were stored—five shipped. Prices range from » edy for its enforcement under the laws, which 29@30^. • * existed, at the time the contract was made, and' A fine shower o( rain fell Sunday afternoon, * , is therefore, a palpable violation of the Constitn- and this (Monday), evening slight showers |M » , , tion of the United States wMch is the supreme falling with a. fair prospect of having a good • law of the land—and consequently, is null and rain. . ; , void. This clanse be ing void does not therefore Farmera from all lections of the county give- defeat, or take awty, the jurisdiction of the Su- discouraging accounts of the ootton crop. Rost perior Courts “in aU otAer civil cases" as ex- and dry weather sbiK H short.—Sumter . * pressly conferred hytoh tiwj aectjon ©f the Bepviliqa^ ‘ ■ 4 .. ', y S ■ i . a S-< ■} i ; HH