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i; 1 .. .. . == *V*gI>TEM n ■ . _ ' j -**’UU£Llti
HE ccl\ lij C e o nstit uUo mi lisi.
Y J YMKS G ARDNER.
I8 > 18S8 *
y.%
jfaitaMia’’ two communications in reply to our com
ments upon his first on “ Governor Brown and the
Bani : -.’ r oi -of which we subjoin. The other, and
wc are notified by our correspondent, the last
of -the series, will appear in our next issue.
The c6' >n»unication which we subjoin, it will be
is devoted principally to an explanation
of the mis-statements which occurred in the first
article of the writer in relation to the provisions
of theJmnk act of the last legislature. That first
article, he states, was prepared “ in haste” “ dur
iiyjk a' temporary respite from pressing engage
ments,” and “ by one of those oversights which
most of us, now and then are guilty of “he neglect
a note as he designed, in explanation of
«its most glaring miss'utements. We ae
explanation for ourselves and for our
raaders, with the single remark, that the note,
V-ttbjMmbsiance of which he gives us in thecoinmn
-1 \ nicatiln which follows,) would not have improved
lext, and that if he had added marginal notes
to itnlain all the misrepresentations and niistate
ments which his first article contained, they would
have been more voluminous than the article itself. '
pERk explanation occupys the larger portion of
* our correspondent’s communication. The remain
ing portion is devoted to a complaint against
for placing him in a wrong position before ~i7u I*
readers, by representing him as contending that
the Governor was compelled under the act of 1557
alone, to i.-sue his proclamation, against those
banks which failed to make their returns in accord
ance with theprovisions of its eleventh section. In
-- “reply to this charge we would state that we did
represent him as contending that the act of 1857
was so “plain and unmistakable,” that the Gover-
PF nor had no discretion but under it was compelled
U> his proclamation against the refractory
b.A Por “to disregard a plain and unmistakable j
* lawr and the following extracts from his first
article will show that in assigning him this posi
tion, we did not misrepresent him :
Sow, my dear sir. I do not see how any one in
this world, after reading the low can come to the con
that the Governor had any discretion in the
hfjp ’/•' unless he chose to disregard a plain and
Id t liable law.
<»■ V.,v” here referred to is the Bank act of
But whether right or fair, how could the Gov
eWor have acted differently? The statute is plain
and unmistakable, that unless the banks uiaac
their reports In accordance with this laic, be must
issue his proclamation and publish the delinquent
bunks, and direct the Treasurer and director of the
Central Bank not to receive their bills for the pub
lic dues. There is no authority given him to with
hold his proclamation or publication of the banks,
if be should think proper, but lie is positively di
rected to make the publication."
SlS'7, and the language of our correspondent in re-
to it, if it meant anything, meant that it
Wers 'in the Governor all discretion in the
A K V "TT: T ■ o'p- ! - --I h'tn to issue his
at ion against the delinquent banns.
■Hr is what his language meant—ibis is
which lus whole article conveyed.
HfH i a ..mil reference
.(,■l" noon ill.- subjee* of bank retuins, and he
not blame us if we placed him where his
JHp.i language placed him. and represented him
contending that under the act of 1857 alone,
... of all others, the Governor was
<HSj,tiled to issue his proclamation.
Jjst Ui these few comments, we give place to the
jߔnutiication of our correspondent:
[communicated. ,
Govv Brown ami the Banks—So. 2.
il .Editor: Your criticism upon my first arti-|
cle, in relation t# vour comments upon Governor
Brown’s Proclamation, was seen in your weekly ot !
the first instant, hut in consequence of other en
gagements, I could not notice it until the present
time.
Let me, then, say that I do not think you have
met the subject squarely, and responded fairly
at all. I penned my article in haste, and during a
temporary respite from pressing engagements, and
after reading it over, I was aware of having made
an assertion which I thought best to explain more
fully, and. I intended to make that explanation by
way ot “ note,” at the close of the article. But by
one cf those oversights, which most of us, now
and then, are guilty of, I neglected to add <he
“note” where I intended. The assertion alluded
to, was where I stated that the act of l So" “stayed
the hand of the note shaver, who e-ould have got
his seventeen per cent, interest by a protest es its
bills,” Jfcc. Upon this assertion you commented
quite extensively, and I will admit, that in the ab
sence of the “note,” or an explanation, it places me
in not as good a position before your readers as I
wish to occupy; fori think, from yner knowl
edge of nv character and habits, you are satisfied
that 1 u.vi usually* careful in my’ statements, and
would «ot “wilfully misrepresent” any one or any
thing. But, I meant to sav, or convey the idea
that while the act of 1857 did not interfere with
the right of the bill bolder to obtaic his damages
but authorised the collection of the sixteen per
cent., still, by the passage of that act, endorsing the
suspension of specie payments by the banks, and
protecting them against prosecutions for forfeit
ure If their charters, that this had had the effect
of “staying the hand of the note shaver, <kc.,
and of preventing the enemies of the banks from
-annoying them in carious ways, and prevented
them from “haring their notes protested, tor the.
purpose of obtaining eredeace” so that they
could be prosecuted .for a forfeiture of their charters
under the act of 1340.” And who w rit dispute this
assertion ? Not one, of your intelligence and ob
servation, Mr Editor. You knew too vouch of bu
maD nature, and of the grinding (disposition
of “ note shavers,” and the vindictiveness of
many of theta towards all who do not accede
to their terms or come under their rules, to it km It
the correctness of this position. Had not the
Legislature, then, “legalised” the suspension
V- and graoted the hanks further time to ream-ae
specie payments, the “ note shavers ” and either*
would have soon commenced their operations up
on the banks, powerful as they have been, on now
are Having the right, at any moment, to pr -sscuU
the banks for a forfeiture of Visit charters, and also
to recover seventeen per cent, in the event of their
Aiiiure to pay specie on demand, the “note shaver,
or eneniv of tne banks, with the hope of obtaining
specie or something better, would have soon com
menced calling on the banks fur “ settlements
and would have demanded what they desired, and,
J, case of refusal, tbev would have carried out their
threats Who doubts but that this would have
been the course of the “note shaver” or the enemy
, .pf ;h e hanks, especiallv when they were not only
< V-ce,v,ng seventeen per cent upon tbeir claim.but
V w ere punishing an “abU, but refract ■■ o debtoil
/ But the Legislature ol 1857 interposed; it took
*/
the power to prosecute the banks fora forfeiture of
their charters from the people, and left them only the
remedy of ten per cent damages, ’for a failure
on the part of the banks to pay specie on demand.
And, such being the ease, have not the banks acted
eery badly, after having for several months enjoy
ed the benefits of of 1857, now to throw
off its burdens and totally disregard its require
ments? And with this explanation, are you readv
tointimate anything as to a “willful misrepresenta
tion” by me of the provisions of the act of 1857 ?
1 think net. However,' I was careless in not put
! ting in the “note” as I intended, andperhaps I got
what I deserved.
But, in your effort to sustain wbat I must still
consider a strange, if not thoughtless, suggestion
of yours, viz: That Gov. Brown ought to havede
ferred issuing his proclamation until the meeting
of the legislature, yon first set np a man of straw
and then very skilfully knock him down; or rather,
put me in a position I did not occupy. And, in the
next place, to sustain your position, you argue a
construction of It v jjfu* seems strange to me, and
that is not common, so iai as my observation ex
tends. In the first place, then, you assume that 1
contended that under the act of 1857 alone, the
Governor was compelled to issue his proclamation
I in relation to the banks failing to make their re
ports according to law; when; the truth is, tny
position was entirely :liferent. Here is what I
, said, viz:
~ Jfow, my dear sir, I do not see how any one in
this world, after reading the law, can come to the
conclusion that the Governor had any discretion
in the matter, unless he chose to disregard a plain
and unmistakable law. I cannot see how any or.e
can read the various statutes without coming to the
conclusion that the Governor was compelled, in good
faith to the law, to do the very thing he did. That
the legislature have the right to cull upon the banks
to repi rt in a certain way, and to swear to their
reports too, and if they fail, to declare that their
bills shall not be received for the public dues at
the Treasury, I think is unquestioned. And the
right to calf upon banks for reports, anyhow, has
been assumed for the last twenty-odd years, and it
has been acknowledged bv tie banks themselves ;
for they have heretofore made their reports in ac
cordance with the demands of the law and the calls
of the various Governors, Then what is the true
state of the case at this time? By virtue of its
aulhoritv, the legislature of 1852 require the vari
ous banks to make their return to the Executive,
and annexed a penalty for their failure to do so,
which is a rejection of their bills at the Treasury
tor the public dues, &c. Since then, this act has
been amended at carious times, bu the penalty has
always been retained. The banks, however, having
all along, heretofore, made their reports as the law
aud its carious amendments have directed, it has
never before become necessary for the Executive to
apply the remedy.
If this means any thing, it is intended to assert
that under the Act of 1882 and the subsequent
amendatory Acts, “ plain and commanding statutes,
the Governor could not have done otherwise than he
did,” without shrinking from an impartial tadminis
tration of the law. Where you got the idea that I
alluded to the Act of 1557 ulone, I caunot im.
magine. The above docs not warrant anything of
ihe kind. Away, then, with this man of straw
that you so skillfully knocked down by showing that
there was pr such command upon the Governor in
! 'lie Act of ftob. I s *at Jl'vivi'.
Gov* Brown anil the llauks—No* 3.
Mr. Lliior: H I understand you correctly, you
contend that because the Act of 1857 did not com
w.am/the Governor to publish the delinquent banks,
which did not make their reports in accordance with
that Act, that the Governor had no authority to
do so, and that he could have disregarded the Ac l
of 1833, and its various amendments, and referred
the subject to the legislature. How you arrive at
this conclusion is passing strange to me. The Act 1
of H 32 and its canon* amendments in relation
Bank reports, which have heretofore been obeyed
by the various Governors and the Bunks, turn n.t
been repeated by the Act of 1857. On the contrary,
it is clear that the Act of 1557 recognised their ex
istence and force, by only saving this much as to
the future reports of the Barviz:
Sec. 11 The affidavits of bank officers to their
annual and semi annin reports shall, in all cuse>.
state that the bank o* which they are officers, has
not, by itself, its officers or agents, in any particu
lar, violated the provisions of tins act.
Why did it g*y only this much and no more, if
it was not i by the legislature under the
preamble fl j “and/or other purposes” to alter and
amend, Bicsc previous laws, m relation to the re
por , s „f the batiks. If this was not intended as
*ll amendment to the act of 1832, why did not the
act es 1857 state how, when, at what time, and to
whom the bank reports were to be made? Why,
my dear sir, I am surprised at your position.
Were your construction of law to prevail, many
criminals now in the penitentiary would soon be
out, and murderers would go free. The legisla
tures, from tune to time, have amended the Penal
Code of this State. They have declared what
shall be theft, larceny, perjury, intent to kill, what
shall be murder, Ac., Ac., and I presume have
failed to annex the penalty to each section. Ac
cording to your construction of the bank act ot
18*7, because the penalty was not annexed to each of
these various sections of the Penal Cod e,th*y couM
not be punished , notwithstanding the law start* (r.(t
with a declaration of penalty for theft, larcewy,
perjury, or what shall be the penalty for murder,
Ac., Ac.
But, my dcr*r sir, as I cannot doubt for a mo
ment but that you are wrong, clearly wrong, and
feeling that I can satisfy your readers, if not your
self, by an exhibition of the various provisions of
! the acts.
; Since 18 Z2, in gelation to the reports by the
I banks, I htve determined now to these
! provisions. thought of makirg the
isvnopsis myself, but having come acro*3 one
• made by another several months sinor?, but
, which has not appeared in yoor paper—and
! as the same is put together, perhaps a littl* better
| than I could do it, I have concluded to esc this
'abstract. Here it is:
i '‘The first act passed up*u the subject of bank
repc* -s was assented to 24tib December, 18£2, and
! was entitled “An act more--freciuaJly to seoure the
kolsehcy of a.!l the banking institutions in this
State.”' The preamble to this act is in these
I wonl8 : . , , .
•• Whereas ihe enormou* amount of booking
1 capital chartered by the Jaws of this Statu, and
; her circulating medium being composed almost
i entirely of the kills of her owu banks, and, where
as, the safety aEd best in*<ere*t of aur citizens re
quire that the trje condiumi and solvency of each
bank or incorporated e<mjpany exercising bank ng
privileges should be known u* the community so
ec to guard tbe gt>> at bodv of the people from re
ceiving a depreciated or doubtful paper: and fwr
femedv whereof, fee it enacted.” Ac. Section Is.t
made it tbe duty of bank to make its return
I on the first Monday k» April and Oet/rber in each
ear.
j$ # ion second was in these words: "It shall be
the duty of the President and Dr ecu*rs aforesaid,
and they are hereby required to give a minuiexlaU
ment of’tbe t/eii*'/and ma aytmsnt of each in
corporated bank, or compaov exercising banking
privileges in this Slate, and their branches, on
the first Monday in April next, and thereafiei
semiannually, and forward the same to bis Ex- j
cellency the Governor for the time b'-ing. showing »
particularly tbe amount of bills on other banks in I <
aAUGUSTA, OA. s WEDNESDAY, SEPTEA[BR:R 22, 1858.
this State, the amount of gold, silver aud bul
lion in their vault?, the amount of debts due them
at the North, or elsewhere, which may be de
nominated specie funds, the amount of active or
running paper, the amount in suit, the amount
under protest and not in suit, and clearly stating
what amoiiDt of all the debts due the Bauk is
considered good, what amount doubtful and what
amount is considered bad or lost to the bank, the
amount of issues by each bank, the amount of
bills in circulation, and the amount of bills of said
bank in circulation under|the amount of deposites,
and the highest amount due and owing by each
bank, all of said reports to be subject to the ex
amination of the General Assembly.
Section third is in these words: “Should the
President and Directors of one or more of the
aforesaid banks fail to comply with the spirit and
true ineaniug of this act, it shall be the duty of
his Excellency the Governor, for the time being,
to notify the Treasurer of this State, and the Pre
sident and Directors of the Central Bank of mid
delinquent bank or bards whereupon it shall not be
lawful to receive the bills of any such delinquent
hank or banks in payment of any debt due the Stale
of Georgia or the Central Bank, until the President
aud Directors of such delinquent bank or banks
shall have made such returns as are required by
this act.
Section fourth is in these words: “It shall be
the duty of his Excellency the Governor for the
time being to publish the name or names of any
bank or banks which may fail to comply with ail
the requisitions of this act in all the newspa
pers published in Milledgeville as often as he may
think expedient for the public good."
The act of 1839 amendatory of the foregoing,
makes it the duty of every branch bank, or office
of discount and deposit, to make a separate return.
This act provides how these returns shall be made,
and by its fourth'section makes it the duty of the
president and cashier of the several banking in
stitutions in this State or their branches,
specify in their semi-annual reports to thdHftv
ernor the aggregate amount due said institWmns
by stockholders thereof, by note, bond, Ac./und
makes it their duty to give the name of any stock
holder whose indebtedness shull exceed ten thou
sand dollars. Query: Is not this act of 1839 re
pealed by the act of 1850?
By act*of 1833 the returns of the banks were to
be published by ttie Governor, at the expense of
the State. The act of 1843 repeals the above and
provides bv the first section that the banks shull
b ‘ required to publish these returns in some pub
lic gazette at their own expense.
The second section of this act is in these words:
“The hills of any hank failing to publish its re
turn as aforesaid, within thirty days* after making
the same, shall not be received in payment of
taxes or at the Treasury of the State. On the 21st
of February, 1850, an act was passed entitled “an
act to change, point out, and regulate the manner
m which the returns of the several banking insti
tutions m this State shall hereafter be made,”
which is in these words :
“Sec. 1. Thut after the passage of this act his
-Excellency the Governor of the State, shall twice
in each and every year require by public adver
tisement, for at least two weeks, in a gazette print
ed at the seat of government, each and every bank,
and banking institution in this State, to make u
just and true return under the oaths or affirmation
of it 3 president and cashier, of the state and con
dition of such bank, or banking institution, with
the names of its president and directors, and a list
of its stockholders on the day of the regular week
ly meeting of the president and directors thereof
next preceding the date of such requisition by the
Governor, and it shall be the duty of each and
every bank or hanking institution with u thirty
days after the date of such call by the Governor
and under the penalty now prescribed by law for
** failure to make i Aw...*, :i**i *r-nsn ilin
the Governor such return so required, in lieu and
stead of the return heretofore required.”
“Sec. 2. In the respective returns required
by the preceding section, the good, bad, and
doubtful debts or said bank or banking institu
tion respectively, shall be set forth as now reonjr
ed bv law. •
“Sec. 3. When Dunk or banking institution
shall make the r.u irll required by tins act the
same shall he published by such corporation with
in the ti' jIG uuj eP the penalties, and in the manner
by existing laws, publishing the list of
, stockholders, once a year only. All laws and parts
of law s militating against this act be and the same
are hereby repealed.
Ail those acts have heretofore been obeyed by
the banks, upon a call from the Governor—none of
them having denied the authority of the legislature
to pass them.
The next act upon this subject w the act of De
cember, 1857, entitled “An act to provide against
the forfeiture of the several bank charters in this
State on account of non-specie payment for a given
tune and for other purposes therein named/’ This
act contains several sections which in their nature
are limited in duration, to the term allowed for
the suspension. All this part of the act is covered
by the first part, of the caption. It the object of
the act had been only to provide agaiust the forfeit
ure of the hank charters during the time of the
suspension, the latter part of the caption of the
act marked in italics, would have been useless.
Ttiis last part of the caption of the act was doubt
less intended to cover the enactments contained in
the 2,8, V, 10, 11 and l.th sections of said act.
These sections have no relation to any particular
hanks, but apply alike to all banks in tins State.
They have no limitation as to time. They violate
no chartered right of any bank. They are laws
regulating the exercise, by the banks, of their
chartered rights, such laws as the legislature had
a pet feet right to pass, w ithout the consent of any
bank. And no acceptance of the act by any bank
was necessary to render it obligatory. Nor couhi
notice given by any bauk of Us refusal to accept
the act, relieve such bank of its provisions. One
of the “other purposes” referred to in the caption
of the act, v us the amendment of the law of bank
returns. The 11th section t>f the act is in these
words:
“The davits of bank officers to their annual
and semiannual reports shall in all cases state
that the bank of which they are officers has not
by itself, its officers or agents in any [articular
violated the provisions of this act.”
Sec. 1 2. Andbe it firther enactvl, That perjury
may br assigned on affidavits made by bank offi
cers, arcd agents to the reports of the foauks, and
on the trial of the defendant, on an indictment for
perjury, the said gfidavit and the name of the
pei soi- signed thereto authorised to administer an
oath, shall be evidur.ee that he or they were sworn
thereto.
These two sections*are amend to ike law pro
ruling/or Report* / rom the and requiring
an additional factio be stated on oath.
All the Acts above cited are in pirri materia.
That is they relate to the same subject matter, Ur
wit: the duties bank officers in making their
returns. And it is a well known rule of construc
tion of statutes fully recognised by our Supreme
Court that statutes in pari materoi are to be con
strued together, tlie whole being considered as but
one act, or in the language of in«ny of the law
books: “ It is ac es’abhsned rule of law that <dt.
ate in pari mat**.a arc to be a'ten together as if
they were one law.” Apply this rule u> our sta<-
utes on this subject, and it is very clear that the
baak. officers are required to make their returns as
requited heretofore, with the additional vath that
they have not violated the provisions of the Act of
18.07. And if they fail or refuse to do so, rit seems
to be equally clear that the G*#v«riK»r is bound to
issa-. hiepHjtJjimat'Stn, forbidding the Treasurer to
receive t he bills ci any such defaulting katfk in
payment «f any debt due the State.
but you teem to think there are “grave doubts”
whether the Governor should consider the act of
1857 operative upon the banks. jJut what *a>s
the law:
The Btb section provides that no bank xu, T bank
agency, Ac., a hail directly or indirectly loan mo
ney at a greater interest than seven per cent., and
aJt notes, drafts, bills, and comracu of every' sort
whatever, on which a greater rate of interest is
bargained for or received, are declared utter l u
void, .rid of un effect. *
The itih section provides tha! hank our bunk ! I
aa-ncy, shall hy itself, its offi, ~ 4 : , discount . ,
or purchase notes, paper* or e. deuce's of d.-bt, 1 1
Ac., at n greater discount than seven per cent., j I
that all notes, papers, Ac., discounted or pur
chased in violation of this act, shall from the tirn<
of such purchase become utterly void and irrecovera
ble in law.
The 10th section provides that no bank nor bank
agency by itse.f, its officers, Ac., shall either di
rectly or indirectly sell any kind of exchange, ex
cept eight cht ks, nor receive more than one per
cent, for exchange when the bills of the bank are
presented ai its counter in pavment of said ex
change by any citizen of this State, aud for a vio
lation, the person injured may recover by a sum a
ry proceeding three times the amount of the ex
cess—judgment toj be rendered the first term of
the Court, Ac., with a proviso that this section
shall not apply to foreign exchange, &c.
These three sections have no limitation an to
time. They apply alike to all banks of this State,
and are covered bv that portion of the caption of
the act which says, “and for other purposes there
in named." They are prospective in their opera
tion, and if euforced, are a protection to the peo
ple against the usurious exactions of the banks.
They are the only benefit the people received by
the suspense act, and should be rigidly enforced.
The bank officers are required to swear that they
have not vioUted this law.
Many of them have refused to obey the law , while
others it. Would it hare been right
for the Governor to have disregarded the act of
1532 and subsequent acts, and put all these banks
upon a footing, the. obedient with the disobedient ?
If so, then, there is no use in having any law 1
for the government of banks. It would be better 1
to pass a general law exempting banks from the l
operations of all law.
But you fci ; y:
Conceding that we are wrong, and that our cor- -
respondent is right—that the Governor had no
discretion in the premises, but was compelled, in
the execution of a plain and imperative law, to is- 1
sue his proclamation—then we have much to ob
ject to in the manner in which he has executed
that plain and imperative law, If our information <
concerning it is correct. The requirement ot the (
11th section of the act of 1857 is, that “the affida
vits of bank officers to their annual and setni-uu- [
nnal returns, shall, m all cases, state that the bank '
of which they are officers, has not, by itself, its
officers or agents, in any particular, violated the
provisions of this act.” The proclamation of the <
Governor calling for the last semi-annual returns
of the banks, pursues this section strictly, and re- "
quires the same thing which it does in Uttidem
cerbis. lias he demanded compliance with this (
reqiiiieuienl of the 11th section of the act of 1857,
and of his proclamation calling for the returns of
the banksV Has he not, on the contrary, accepted |
affidavits from the officers of certain hanks which i
did not meet the requirements of the statute and
of his proclamation r Has he not accepted atlida- *
vits from the officers of certain banks, statlug that i
they had not violated the provisions of the act of j
1857, “acc< rding to the best of their knowledge,
understanding and belief ?” Has he uot accepted
affidavits from the officers of other banks, stating
that they had not violated the provisions of that
act, “according to their constructing of it?” Sd >
affidavits as these might be safely 'taken by tiie
officers of every bank in the State—even by those
who had most flagrantly violated every provision
ol the act of 1857, as it is construed by the people,
the legislature or the Executive. vet, if our
information is correct, he has accepted such affi
davits from some of the banks of this Stute as a
compliance with the law.
Now, I know nothing as to the truth or untruth
of what you have heard. Hut if your information
• be correct, f.nd the above be true, it at once up*
> sets nil the ••argument ” the opponents, of Gover
nor Brown have heretofore used against hitniti re
lation to the banks. It has been alleged that he is
alow dowu demagogue,that he had made war upon
upon the hanks to obtain popular favor, that he was
keeping up the war, regardless of the public inter
est, to retain popular favor, Ac., Ac.—while it the
above be true, it is clearly seen that all this is false,
and that he has deserved no warfare with the bunks.
It shows that notwithstanding (he banks and their
agents and friends have denounced him without
stint for performing a conscientious constitutional
duty, still, that, in executing the burdensome part
of tiie law which I bey themselves had enacted, he
was not disposed to be too exactiwj with them.
He was disposed to indulge them with even a lib
eral construction of the acr. Hut, a large majority
would not even obey the law this much. Holding
their heads high and spurning the law and disre
garding the proclamation of the Governor, still
they have friends who blume the Governor for
nbeyimj the law , and merely refusing to receive their
bills at the ,State Treasury. Surely we have fallen
upon strange times 1 Hut enough.
Having now thrown in my “mite ” towards a
“ vindication of the right,” and defending not to
be again drawn out upon the subject—having no
more interest in it than any other good citizen—l
now bid you a final adieu. Fiat Justitia.
Important Legal Decision.
A case occurred*u short tune since iu a Jus-‘
tice’s Court not over fifty miles from our sanctum,
which is important in its bearings upon the law
regulating judgment liens, and which is at variance
with the uniform decisions in our State upon this
subject, even by Justices’ Courts.
It seems that John Smith, Sr., had sued and
obtained judgment vs. John Smith, Jr., from
which judgment a fi. fa. was issued and placed in
the hands of John T. Smith, a constable, for the
purpose of making the money. In obedience to
the injunction contained in the fi. fa the Constable
proceeded to defendant’s and seized a mare and
colt for the purpose of bringing to sale in satis
faction of the execution. Defendant filed an affi
| davit of illegality to the levy, upon the ground
; that the colt was not subject to the fi. fa., alleging
; as reason, and the only reason, that the fi. fe,. was
older than the colt." Evidence was introduced
which proved that the judgment from which the
fi. fa. was issued, was just three d«.ys older than
■ the colt. After great display of oratory, eloquence,
legal lore and logic in discussing the subjects of
judgment liens, construction of statutes, Ac., by
counsel on both sides, the court, composed of two
1 sprigs of our judiciary, with much dignity and
1 solemnity, announced it to be their opinion that
the statute which declares all the defendant’s pro
- perty shall be bound from the signing of thejudg
f ment, meant, that the property which he then had,
and not that which he subsequently acquired, arid
that as the execution was three days older than
the colt, the levy must be dismissed. In accord
ance with which opinion,defendant’s attorney drew
the order amidst considerable < onfusion and some
’ swearing by the opposite counsel.
Pulaski Times.
' Discovering a Criminal ay Photography. —The
London Times has an account ot the finding in the
f Thames of the body of a ma’e infant, having around
it a large bag of stones. The superintendentofjhe
Reading police caused photograph likenesses of
the body - to be taken, placing them in the win
dows of the police station, and sending 'hern to va
rious towns. The likenessesatiracted the attention
of the master of the work house at Henley, and he
recognised a resemblance io them to the child of a
young woman named Alary Newell, who had left
the work bouse a few davs previously. The young
woman was sought for, ana she was found at the
resideoce of her mother, without her child. She
was arrested, and being charged with the murder
of the child, she admitted that having been to
Reading to see its father, and he refusing to give
her any money to maintain it, she went to the river
at midnight and threw the child io. Her confes
sion was corroborated by various circumstances.
This is certainly a remarkable case—the likeness ,
of the murdered child leading to the defection of |
its inhuman mother as the murderer
N. 0. Crescent. 1
*i • # t
Bad luck is simply a man with his hand- in his (
breeches pockets and a pipe in bis mouth, harking
on to see how it will corne out. G«*od luck /* a
man of pluck to meet his difficulties, his -sleeves rj
rolled up, working to make it come out right. v
The deaths by yellow fever in New Orleans
on the 19th inst., were seventy-four.
There was white frost in Atlanta on the '
morntng of Friday, Sept. 17th.
*sgf The l’ulaski Times says Hawkinsrille is
very healthy.
The head quarters of the United States
Army have been removed from West Point to New
York city.
J 3?” Mr. Sewell T. Taylor recently sent to the
editor of the New Orleans Crescent, a number of
ears of corn, the seed of which was raised and
ripened this year.
ESTThe new powder mill at Hazard’s works, in
Enfield, Conn., exploded on the afternoon of the
13th inst. Three workmen and a foreman were
killed.
Byron F. Cook, Esq., a young lawyer in
New Orleans, and the vice President of the Young
Men’s Christian Association, died in that city, of
the prevailing epidemic, an the 13th inst.
Ee9”Maj. T. Tobin has been appointed Agent i
for the sale of Oliver’s patent Cotton Fan. It i
is used cleaning cotton of dirt and heavy trash, I
previous to ginning.
E-vs The Know Nothing general committee of i
New York are out with a challenge or invitation i
to the Republicans and Democrats, for discussions i
in every county in that State. The “ ritual ” of I
discussion is not determined. c
Evf We see it publicly announced in our ex
changes that the New York Commercial Adverti
ser, formerly a prominent old line Whig journal,
and more lately American, came out on the 13th
inst. in favor of the Republican State ticket.
Mary E. Keen has retired from the
editorial depurtmeut of the Uainbridge Argus,
Miss Annie R. Bloont, the well known “Jennie
Woodbine,” will contiune the presiding divinity
over the “ Ladies’ Bureau” of that paper.
The grand jury of Coweta county recom
mended the total abolition of the Supreme Court
of Georgia. The Newnan Banner says that Judge
Hammond, who presided at Coweta court, pro
nounced the “Supreme court, as at present organ
ised, a curse to the State.”
The Democratic Union Club of New York
were announced to have a grand celebration on
the 17th inst., to commemorate the anniversary of
the adoption of the American Constitution. Hon.
Rufus Choate had been invited to deliver an ad
dress on the occasion.
EST Joseph G. Baldwin, Esq., the author of
“ Party Leaders,” and the “ Flush Times of Ala
bama,” and who, for several years past has been
a leading lawyer m Ban Francisco, was humiliated
by acclamation, at the recent Democratic Slate
Convention of California, as a candidate for Judge
of die Supreme Court.
Vice President Bkeckinriikik, who wa- an
nounced as one of the speakers who wo>-',u | )e i n
attendance at the anti-IlouOL ;*.rt Democratic meet
ing held at Springfield, Illinois, on the Till inst.
did not attend, or write a letter to explain his ab
sence. Lein and Fitch —both Federal office hold
ers—were the speakers, with, Reynolds, who is a
candidate for office.
Richard Adams Li ckb, the gentleman who
created such a sen&tion in the scientific world
twenty odd years ago, by his celebrated “moon
hoax," lias brought himself again before the pub
lic by some violation ut the quarantine police at
New York. Mr. Locke is a hoarding revenue offi
cer, and lias been held to bail for bis recent viola
tion of tlie laws. He hoaxed the men of science,
but he failed to hoax the men of ilic law.
jsgr The New York correspondent of the Balti- I
more Sun, on the 15th inst., states that the yellow J
fever panic had been revived in Brooklyn, N. Y., j
in consequence of several deaths having occurred j
in a row of buildings in Kelsey’s alley, and other j
persons being ill, all of a disease resembling yel
low lover, but of uncertain character. The Mayor
and Board of Health have ordered the houses to
be closed and cleansed. In one of the houses a
barrel was found containing a quuntity of rotten
pork.
Hon, Titos. L. Harris, of Illinois, recently had
another narrow escape from death, having swat
flowed a teaspoonful of arnica by mistake. ,
Fire.—At Lancaster, Pa. ‘’,„ n< iay night, a fire
consumed the stable s Gabel, the bake
house ot
portion r, t } >e | j very stable of J. L. Reese.
j
Ur. Jilitor; I find the following paragraph in
your issue of yesterday:
1 “ Fever <m the Savannah. —The Walterboro’ Sun
; says:
s “A Mr. Lavine died of yellow fever last week,
1 near Lawtonsville, Beuufort district. Another geti
e tiftnan lies dangerously ill with the same disease.
•i Thru had both been erujageil on board of one of the
!, steamboats running between Savanruthand Augusta."
f Now, sir, if this paragraph expresses the whoh
v truth, ttiese men took the disease on hoard the
j steamboat—not in Savannah. And this would be :
t just in accordance with every day experience, viz: |
- that persons may lake yellow fever by going on i
" board vessels coming from an infected port. If u 1
j steamer plying between Savannah and Augusta
i has poisoned ttiese men, why not the same or any
■ other steamer coming here from Savannah be
equally injurious while at our wharves, and even
contaminate our whole city ?
I refer to the case in question in order to show
my reason for modifying m some degree the sug- j
gestion made in my previous communication. J j
then proponed that if steamers be allowed at all to
come within our corporate limita they be compel
ed to close up their batches. With the Lawton- t
ville cases before us, 1 would now most assuredly
prohibit any boat from reaching us from Savan- J
nah. Let them discharge their cargo at some point ,
below the city, and forward the merchandise to us i
by lighters. This would submit them, and per- j
haps our merchants to additional expense. But
are we to take no precautionary measures unless
they cost neither trouble nor expense? The loss
tothefity by one week's yellow fever would be 1
tenfold all the expense any extent of precautionary j
measures can occasion. I
' I confess that 1 have no fears of importation by i
| sick men ; and our atmospheric condition is un- 1
I favorable fso far) to the propagation of the pesti
! lence by other means. Yet I cannot refrain from |
again urging my fellow-citizens against a state of *
quiescence which, alrhmigb excusable, perhaps, 1
with the followers of Mahomet or with the fatalists 1
of another philosophy, can hardly be deemed so j
with a more enlightened civilization. D.
'VOIj. S7-1S O. 30.
var The Syracuse Democratic convention made
the following nominations: For Governor, Ahas a
J. Parker; Lieut. Governor, Johs J. Taylor; Canal
Commissioner, Sheururn B. Piper; Prison In
spector, Edward T. Donnelly.
The sales of public lands in Kansas hare been
postponed by the President until after the Ist of
July next.
The dysentery which has been prevailing in
Chanceford township, York county, Pa., has near
ly disappeared.
. Dr. Ashbury Evans, late professor of surgery in
the Medical College of Ohio, died at Covington,
Ky., on the 12th inst.
Among the deaths by yellow fever in New Or
leans last Wednesday, was Sister Anastasia, one
of the Sisters of Charity.
Pratt’s nail factory, near Harrisburg, Pa., after
lying idle nearly two years, on Monday resumed
work, and employs over one hundred men.
The Corn Crop in Ohio.—The Shclhv county
(Ohio) Democrat, says the Ohio corn crop will be
an abundant one, and thinks that the farmers who
anticipate a contrary result were more scared than
hurt. *
Good News fob tiie lloos.—The must, this
season, is said to be unusually abundant in west
ern Virginia. The forests arc full of chestnuts,
acorns and other outs, which will indemnify the
farmer a to some extent, for their short crops of
corn, oats, Ac.
A delegation from the convention of Venezuela
arrived on the 13th inst. in New York, to invite
Gen. Paez to return to the laud from which he has
been so long an exile. It is said the General has
made up his tuind to comply with the urgent soli
citation of his countrymen.
Praiseworthy.— An English paper announces
that Mr. John Townsend, member of Parliament
for Greenwich, has accepted an engagement atone
of tbo London theatres, ut a salary of twenty-five
pounds sterling a week. A desire to pay his cred
itors is sutd to have suggested this idea.
From the Fen- York Bvtntny Post.
A Prescription for Yellow Fe ver.
.l if Mrs. Hlilors: The following I believe to be a
prescription for an almost certain remedy for yei*
low fever:
Quinine dtsnlphate grains 40
Extract Dandelion grains 10
Pulverised cupsiemn grains 5
Mix in mass and make into twenty pills.
t/iie. —Two to be taken every two hours, com
mencing us soon as perspiration can be produced
after the attack, and continued until there is a
ringing in the ears and partial deafness.
Persons exposed to the disease, by taking from
, four to six pills daily, once or twice a week, at in
tervals, morning, noon and night, will find them
■ an almost certain prophylactic.
My reasons for the above opinions: I admin
istered these pills in twenty-seven cases of fever, not
distinguishable from attacks that proved to’be
yellow fever, at Fort Hamilton and Day Ridge in
' 18.">6 ; all of which cases recovered, although a
number of tlu.in occurred in dwellings where one
or more p,ilieo Is had died ot %js disease I lost
fcvil Jr tin •tl eaxdtt. one of whom did
not take the pills as directed, from misapprehen
-1 sion and neglect of attendants. One vomited the
pills as olien us administered. The third and
fourth cases diu not take the pdls, but a solution
of quinine was sirtislitutedlby the advice of uuoth
er physician.
In the bouse where the first fatal case above
■ occurred, (which was directly opposite Quaran
tine,)* another patient recovered under the use .of.
these pills, after having turned yellow and been
declared a hopeless case by a Quarantine pliysi
ciun. Several other persons in the sume house
took the pills fur slight attacks, or us preventives,
all of whom recovered, or were exempt. 11l tile
house where ihe second, third and fourth fatal
cases occurred, another person hud a distinct at
tack, and took the pills and recovered. Two
others, equally exposed, look the pills ami were
exempt from attacks. Ilf these four fatal cases, not
one took Ihe pills as a preventive.
' My theory : Vellow lever is produced by a viru-
I lent form of the same malaria that develops iuter-
I iniUcot and remittent fever. Quinine neutralises
I ih<- poison in the system, if taken in sufficient
! quantity, (the same to each form of disease,; „nd
j at an early stage, so as to be assimilated ’or taken
! into the blood. Thecupsicuui Ktimnlut-, s ,| J(I
! vessels of the stomach, thus hasten 1 ,he circu
i lation, and preventing the blood f r „„, becoming
! stagnant and transuding into , (B cuv itv, to become
changed by the gastric l() black vomit. I
| hove reason to think t Bn |,,| iur i c Ht id, used to
| hold quinine in sol’ ll t„ |)> hastens black vomit.
, I have admv„|gi ere< j „ ver „ hundred ounces of
quinine i;„ private and hospital practice, North
j and rtunth, and in IsSO took myself over two Itun
: dred g'- a ms, and have never yet seen or received
I any Injurious effects from it.
\ 0.1). Griswold, M. D.
ilatavia, New York.
•Daughter of Van If. Livingston, of New York.
The worthy superintendent o. mis county oc
-1 casionaily meets up with some "lich” cases in his
“ travels.” In the discharge of the duties of his
office, he has to examine all teachers in the com
mon schools, in order that he may give lo each a
n “ certificate” of Ins or her competency to teach the
various branches that are usually taught in com
mon schools, lie has offered to perform this la
-7 borions duty. One day, not long siuee, while “ vis
iting” a school (which is also his duty) in some
’ of the buck woods portions of the connty, be was
requested by the trustees of said school to ascer
tain whether a young ludy, whom they bHd em
, ployed to teach, and who was not quite us remark
able for personal charms as was historic Helen, was
competent, and if so, give her a certificate. Ac
■ coriftnirly, be told her that be must examine her,
! as it wus the request of the trustees, and also bis
I duty. Drawing herself up lo her full height, and
1 retreating to the opposite corner of the room, she
j exclaimed, in a tone of virtuous indignation : “ I’ll
I have you to know, sir, that you nor bo other man
J shall emmins me I” Whit, seeing the mistake she
: had made in the construction of the word “exam
i ine,” with his usual blund smile and urbanity of
manners, explained to her the modus optrandi,
when she consented lo the examination.
Au’riujfg ( A/a.j flerald.
j From Jwaica. -By the steamship Saladin, we
have Kingston, Jamaica, papers to the Ist of Sep
■ tember inclusive. The Journal condemns the re
fusal of the Home Colonial Office lo sanction the
proposition for the mlrodnction into the colony of
the expatriated free black inhabitants of the South- ’
ern States of America.
The weather continues very dry, except in some
of the central districts, so much so that sennits
feat s are entertained that there will be a failure of
next year’s crops The public health is reported
not of a nature lo occasion any alarm. The 41st
regiment, stationed at Jamaica, and the 49th at
llarhadoes, are ordered to Bombay.
A* Y. Journal of Commerce.
Faoa Caracas axd Erea to Cabrllo.—By the
arrival of Ihe brig Botnet, Cupt. Bartlett, at this
port, we have received advices from' Caracas to
the kOtlt of August, and from Puerto Cabcllo to
the 97th of 'heearn# month inclusive. The only
item of importance is the statement c retained tn
the Dutrio Mrrcantii. of Puerto Cabcllo, that the
V, riezuelan government bad agreed at the elev- -/
emh hour to what ought to have been conceded 4
four months agfi. Paoopuri* are to be group d to
d> n. Motiagus and bis latftHy. Ftilierros is also
to hitve a passport, apjl is to he restored to the
a-V loin aflonW-W’ the French Minister. The
Inurio thinks that these arraog-men'S writ! restore
barroom between the nations cima’rm'd.
N. T. JourM of Qewtmeti