Below is the OCR text representation for this newspapers page.

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 jß”nutiication 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