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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (July 10, 1867)
THE .WEEKLY CONSTITUTIONALIST (From the Chronicle <fc Sentinel. Points Decided "by the Supreme Court of j Georgia, at June Term, 1867, taken from the Judge’s Notes. WARREN, CHIEF JUSTICE. .James S. Odom, Piulutifl iu Error. t Libel For Divorce— vs- ( Macon county. Harriet Odom. J 1. The declarations of the wife when in the act of leaving her husband’s bouse and taking (^' 11 articles with her, made in the presence of his sons, are admissible in evidence for the purpose of showing and explaining her motive? and conduct at the time, although her husband was n.ot present. 2. The ante-mrptial agreement between the parties wag admissible iu. evidence for the pur pose of showing the source from whence the property was derived. 2. In view of the facts of the case, there was ' no error in admitting the evidence of the trans- 1 fers of defendant’s property to his children by a former marriage shortly before the separation -of the parties. 4. There was no error in the charge of the ! court to the jury, upon the facts disclosed by the record, iu regard to cruelty and condona tion. 5. When the verdict of the jury is In favor of a divorce a vinculo matrimonii between the par ties, and they further And the sum off 12,000 in favor of the plaintiff, held that the legal effect of the verdict, under the code, is to vest that sum in her as permanent alimony during life ■only , for her maintainance and support, accord ing to her rank and condition in life. Judgment affirmed. Hall, Cobh and Jackson for Plaintiff in Error. 1 Warren, Robiuson and Suead for Defendant in Error. Christopher Mcßae ] Plaintiff in Error, ( Ejectment— vs. f Montgomery. Wiley Adaihs. J WALKER, JUSTICE. 1. Where no motion for anew trial was made in the Court below, and case brought to this Court, on the ground, alone, that the verdict is against law, the evidence nud the charge of the Court, this Court will not grant anew trial.— This Court is organized for the correction of errors of law and equity committed by Jhe Courts below. It has no authority to correct the ezrors committed by juries. 2. If a party in the Court below be dissatisfied with the verdict of the jury, he should move for a uew trial, and the ruling of the Couijt upou that motion is subject to review of this Court. 3. The law presumes that a judge will per form all his official duties; and that he will, upon proper application, grant anew trial to a party entitled to it. Wright vs. Georgia Rail road, decided at June Term, 1860. This Court will confine itself strictly to the duty of correct ing errors of the Courts below, aud will not usurp the powers which, according to law, be longs to those Courts. Judgment affirmed. Hartridge for Plaintiff in Error. J. Rivers for Defendant in Error. The State of Tennessee, j Pl.iutiff m Error, . Drf( „ B!bb 8. 8. Virgin. J WALKER, j. Plaintiff declared on a judgment reudered iu the State of Tennessee in 1838, to which the delendant pleaded the statute ot limitations agaiust judgments reudered out of this State live years. The Court below sustained the plea. Held that, the Court decided right.— Judgment affirmed. Roderick Rutland, ) Plaintiff In Error, , Rule nisi to establish vs. ( lost note —Monroe. Thos. Hatham. WALKER, J. When upon an application to establish a copy of a lost promissory note the parlies are at issue whether any such note was in fact made, the parties are entitled to have the case sub mitted to petit jury and either party may ap peal to a special jury. Taylor vs. Riggins, 20 Georgia. This right may be waved however by con sent ot the parlies, as is frequently done, by transferring cases from the common law to the appeal docket without a* trial at common law. And when such a case is submitted to a special jury in the first instance not only with out objection but “parties assenting thereto as understood by the court,” the finding will be upheld—the parties will he considered to have waived their right to trial before a petit jury. In civil cases it is within the legal discretion of the court to allow the jury to be polled or not. If the jury, after agreeing upon their verdict, disperse by consent of the parties, the court is uot bound to permit the jury to be polled upon the subsequent return of the verdict.—Smith vs. Mitehel, 6 Ga., R. 465 6. Declarations made by a party in his own favor to be admissible as part of the res gestae must be shown by the evidence to have accompanied the act, or so nearly connected therewith as to be free from all suspicion of afterthought. A juror will uot be heard in impeachment of h» own verdict.—2B Ga., 78 aud 199, 30 Ga., 869. This court will not grant a uew trial on a mere preponderance of evidence against the verdict, aud the charge of the court, though the court may differ with tbejury as to the prepon derance of proof; provided there be sufficient evidence to support theilndiug, especially when the Circuit Judge refuses to grant anew trial. —29 Ga. R. 865. 28 Ga. Rep. 320, 484. Judgment affirmed. Cabiness & Peeples for Plaintiff in Error. R. P. Tripple for Delt. in Error. Wru. E. Jackson, Ex’r, } Plaiutifl in Error, vs. )■ Debt—R icb m ond. j The Southern Insurance | Company. J i WALKER, JUSTICE. Suit was brought on a policy of insurance, promising to pay a certain sum “ within sixty days after due notice and proof of the death of the assured.” Held that allegation and proof of such notice are conditions precedent to a recovery on such policy. While Judge Harris is \ery clear that the plaintiff cannot recover, owing to the tact of, his having been conscribed and put into the Confederate military service, yet Judge Walker is.not satisfied that 6uch is the law. And there being but two of the Judges who heard the case now presiding, we decline to decide this qnestiou, and affirm the decision of the Court below on the other point. Judgment affirmed. Starnes & Johnson for plaintiff in error. Barnes & Cumming for defendant in error. Wright Martin, et ai t ) Plaiotim in Error l £jlri( ,_ ra! . etu , Tidwell A Favor et al. j WALK*, JUSTICE. A partnership may exist where there is a joint Interest in property, and a joint interest of the profits and losses of an adventnre. There being evidence to sustain the verdict in this case, and the judge who tried it being satisfied with it, we arc not inclined to disturb it. When a court of equity acquires jurisdiction for one purpose, it will retain it until full and satisfactory justice is rendered to all the parties concerned. 14 Geo. We intimate no opinion as to what may be the rights of others interested in portious or all of this property. This being a creditor’s bill, others may be beard hereafter in the assertion of their rights, if soch rights exist. 9 Geo. 896,11 Geo. 588. We do not think the conduct of the juryman was sufficiently objectionable to require ns to new * n vase. Judgment af . C. Peeples for Plaintiff in Error. N. J. Hammond for Defendant in Error. The Mayor and Aldermen of the j CBj Savannah, j Certiorari Plaintiffs in Error, y from __ ,**• I Chatham. Thos. J. Charlton. "J walker, J. When a Physician is licensed to practice medicine by the authority of the State, the city of Savannah cannot require him, under a penalty, to tike out another license before he can prac tice his profession in that city. The practice of his profession in the city is a subject of taxation by the corporation, but not of a license. Judg- ! rnent affirmed. j E. J. Harden for Plaintiff iu Error. Hartridge & Chisolm for Deft in Error. John L. Brown, Pi’ff in Error, vs. > Trespass. S. W. Railroad Company. } WALKER, JUSTICE. # If a R lilroad Company carry off a slave, with out the written permission of the owner, and though in company of a white thief, the road will be liable. When the owner reclaims his slave, carried oft'under such circumstances, he is entitled to recover, not only hire for the time the slave was absent, but also such reasonable and necessary expenses as he may have incurred in reclaiming the slave. The cause of action in this case having occurred before the adoption of the code, the Plaintiff is not entitled to have the damages doubled as provided by the code. Judgment reversed. Hawkins for Plaintiff in Error. Scarborough for Defendant in Error. Hcnrv S. Davis, Adin’r, ) rialmiff in Error, ■ y-Sctaley. Win. A. Black, et al. ! WALKER, JUSTICE. New parties may be added to an original bill by an amendment in the nature of a supple mental bill, and the representatives of deceased parties may be made parties by scire facias — Code 4093. Judgment affirmed. Blandford Hall for Plaintiff in Error. B. HiU for Defendants in Error. Wrn. Sanders, et al, 1 Plaintiff in Error, ! Assumpsit— from vs. ( Gwinnett. John Etcbison. J WALKER, J. When several joint defendants are declared against, as “of the said county,” some being served and non est returned as to others, and a plea in debatement be tiled, alleging that some of tt ose not sued reside in other counties ot this Btate, the plea will be overruled and the case proceed against those 6ued (Code 3263). It a portion of those sued be dead, the case may proceed against the survivors without making the representatives of the deceased parties.— Certain stockholders of the Lawrenceville Man ufacturing Company, under their hands and seals, guaranteed all the debts of said company then outstanding, and bound themselves to pay all of said debts to the creditors who would in dulge the company upon their claims for ten months from that time. Held that a creditor who had indulged the company the ten months could recover his debt against the company from said stockholders without having notified them that he would so indulge the company.— By complying with the terms prescribed, the creditor entitled himself to the benefit of the irovisions of the guaranty obligation When a general verdict is rendered in a case where some of those named in the writ are not served, and others are dead and their represen tatives uot made parties, the intendment of law is, that the finding is against those served and iu life. No others arc parties to the issue sub mitted to the jury-. When a judgment has been rendered and execution issued, the mere absence of the execu tion is no evidence that the judgment has been satisfied. If a party allege the payment, he should establish the fact of such payment by proof. Judgment affirmed. Simmons & Wynn for Plaintiff in Error. N. L. Hutchins* W. Hope Hull, for Delendant in Error. Hiram Sharp, ) Plaintiff in Error, ' v Assumpsit— vs. f Carroll. Thomas Bonner, Adru’r. j WALKER, JUSTICE. Where a verdict, fully sustained by the evi dence, is set aside by the Court as against the weight of evidence, and a uew trial grauted, this Court will reverse the judgment and allow the verdict to stand. Judgment reversed. Buchanan for Plaintiff in Error. W. W. ite H. F. Merrill tor Defendant in Error. John W. Lewis, Supt. W. & A. ] Railroad, Plautiff in Error, Case _ FulU)u . Susan Whidhee. J WALKER, JUSTICE. A charge not warranted by the facts should not be given to the jury. Judgment affirmed. A. J. Hammond for Plaintiff in Error. Joseph E. Brown for Defendant in Error. Howell Cheuy, Plain-iff in Error, 1 Complaint James R. Walker!’ $ Taylor. WALKER, JUSTICE. On the trial of an action upon a promissory note, givei) for Confederate notes, borrowed, the Court charged the jury “ that in determin ing the equities of this case you may consider the law read from the code (see 2733) author izing the holder ot a note payable in specifics, on failure of payment to receive the value of | such articles at the time the note was due and [ payable, but you are not bound to do so. Held that this charge is erroneous, aud calculated to make the jury believe that the value of Con federate notes at the time the note falls due is the amount they should find. This Court at the last term in the case of Evans vs. Walker, having reversed the decision of the Court below for holding that the value of Confederate notes at the time the contract falls due is the real equity between the parties, the instruction heix given is virtually the same thing. Judgment reversed. Cabiness & Peeples for plaintiff in error. 13. Hill for defendant in error. * Calhoun and Beddingfield,) Plaintiffs in Error, j vs. } Assumpsit— Bibb. The Manufacturers’ Bank j of Macon. J C. and B. drew a special draft in lavor of M. B. on C. and G. “against 172 bales of cotton, the title of which is conveyed to M. B. and is' consigned to you (C. and G.), subject to the payment ot this draft to M. B. or his Order.” This draft was accepted by C. and G. Upon a suit by the payee vs. the drawers the Court charged the jury that under this contract plain tiff had the right to take control of the cotton consigned to C and G. and take the same out of their possession. Held that this charge was error. (See Code 2728.) From Evans vs. Walker, decided at Decem ber term, 1866, our conclusion is, that in that class of contracts embraced in the ordinance, the proper coarse to be pursued is this: Let the Judge who has the case to try give the or dinance in charge, the whole ordinance (not that every part applies to every case that comes up), and then instruct the jury to con | eider the whole, not for the purpose of making , a different contract lrom that entered into be | tween the parties, but to ascertain their true ; meaning and intention, giving an equitable construction to the agreement, and then return i a verdict on the principles of equity. We cer i taiuly think that the convention intended to : give to the jury more than the ordinary discre tion delegated to juries, which should be re spected by the courts, unless flagrantly abused, to the manifest wrong and injury of the par ! ties. Judgment reversed. B. Hill for plaintiff in error. John Rutherford for defendant in error. T. C. Howard, j Plaintiff m Error, j, E qtnty- Fulton. S. A. Durand. J WALKER, JUSTICE. When the Superior Courts decline to punish a party for an alleged violation of an injunction, this Court will not generally control its action, unless it be necessary for the enforcement of the right of the other party to the litigation.— The punishment of a party far disobedience to the orders of the Court, in order to vindicate the authority of the Court, may generally be left to the sound discretion of the Superior Court Judge. • Should the Judge, in a case when it is neces- sary for the enforcement °f the rights of a party, tail on application to punish an offending party and enforce obedience to its lawful orders, this court would correct such error and grant to the ' party the relief to which, under the facts and law of the ease, he would be entitled. Where a party assents to a violation of au in junction granted on his application, and takes the management of the case iuto his own hands j without regard to the injunction, he cannot sub- • sequently have the opposite party punished for such violation of the injunction. A Court of Equity will not lend its punitive powers to a party for the purpose of coercing a suitor into the making ol new stipulations to which he had never agreed ; it will enforce the rights of parties according to the rules and ; practice of the court. And parties who invoke the aid of the court should not, by contract, ; thwart its proceedings, aud render nugatory its processes. Should they do so they cannot ex pect to be relieved lrom the consequences of their own interference. Judgment affirmed. R. F. Lyon, A. W. Hammond & Son for Plain- j tiff in Error. Ezzard, Glenn <fc Son for Defendant in Error. The Justices Inferior Court) Twiggs County, 1 Mandamus— Plaintiffs iu Error, >. T^ggs E. S. Griffin, et al. j WALKER, J. Under an act ot 10th 'December, 1866, to pro vide for the people of Twiggs county, to settle the question of the removal of the county site, the Superior Court, by Mandamus, ordered the Inferior Court of Twiggs county to turn over to the Building Committtee, appointed by the citizens of Jeffersonville and vicinity, the Court House and Jail, on said committee giving bond and security for their complyiug faithfully with the terms of said act. Held that the Superior Court did right. Judgment affirmed. Lyon, DeGraffeureid & Shorter for Plaintiff in Errors Harris & Hunter lor Defendant in Error. E. W.. Jackson, Plaintiff in Error, i Possessory Warrant— vs. [ Sumter. M. E. Sparks. J WALKER, J. Upon the hearing of a possessory warrant, the title to the property cannot be investigated. The Court is confined in its investigation to the question of possession. Where A exchanged mules with B and Bsold the mules received from A to C, an innocent purchaser, A cannot, by processory warrant, recover the possession of the mules from C by showing that B had swapped to A a stolen mule for the one in controversy. J udgment affirmed. Hawkins for Plaintiff in Error, McCoy for Defendant.in Error. Wm. A. Skrine, Plaintiff in Error, ) „ • vs. > Equity— Jos. T. Simmons, et. al. $ Burke. WALKER, J. A judgment rendered by a court of compe tent jurisdiction cannot be collaterally attacked: it is good until vacated. One judgment may, upon motion, be set off against another, wnere such set off is equitable. Judgment reversed. J. J. Jones for Plaintiff in Error, for Defendent in Error. Elias D. Field, Admr., ] Plaintiff in Error, { , , vs > Assumpsit— from J. S. Leak, et. al. j Bartow. WALKER, J. Reversed because the court erred iu refusing to grant anew trial on the ground that the ver dict is strongly and decided!y«gainst the weight of evidence. Judgmeut reversed. G. N. Lester for plaintiff in error, Parrott and Aiken for defendant in error. The State of Gorgia,) Plaintiff in Error, l ... vs }■ Action on account — Beadford and Snow. J WALKER, J. • % The “ act to prevent the spread of sraall-pox iu the State,” passed 13th December,lß62, is not. retroactive; and, therefore, the State is not liable for a debt contracted by a county for the use of small-pox patients, prior to the passage ot said act. The object of the act was to prevent the spread of.small-pox not to pay debts. Judg ment Reversed. Peabody for Plaintiff in Error. for Defendant in E’-ror. The Inferior Court. The following has been sent to us for publi cation. We learn that Judge Deas did not re sign. Resolved, That the late action of the Judge of the Superior Court of Richmond county, in taking from the Justices of the Inferior Court all control over the funds of the county, and in assuming the right to dictate as to what dispo sition shall be made of said funds, is, in the opinion of this Court, unwarranted, and is cer tainly detrimental to the public interest, as it prevents the proper care and protection of the poor, of whom large numbers, iu a state of great destitution, are in our midst. Resolved, That under such circumstances, from our auxiety to avoid discord and conten tion, and believing that we cannot longer do that justice to the people generally of the coun ty which we were elected to do, we feel it our duty to resign our positions; and that the above resolutions, with a copy of the letter prepared to forward Governor Jenkins, be en tered upon the miuutes of the Court and pub lished. Office of the Court of Richmond County. To his Excellency Charles J. Jenkins, Governor of the State of Geoftjia Whereas, We have, to the best of our ability, discharged the duties incumbent upon us as justices of the Inferior Court; and whereas, owing to the fact, that no taxes for State and county purposes were levied and collected for the year 1865, and, although for the year 1866, we levied for county purposes upon the Btate taxes, the highest rate per cent, that the law allowed us, still the amount raised fell con siderably short of the amount needed for the t iriojs purposes ol the county, and many claims against the county ought to ha. e been paid, but which conid not be for the want of lands, we believed the sufferings of the poor were paramount, or above all other claims, and to that end had invested in corn, for distribu tion among the destitute, all the funds at our command, save and except a sum sufficient to pay the keeper of the Poor House, for boarding its inmates ot the paupers for the quarter ending first July: and whereas we find a higher judicial civil tribunal has, by an order upon the County Treasurer, deprived us of the power of fulfilling this engagement lor the past, we are not will ing to make arrangements for the future, being surrounded with these and many other vexa tions attendant upon our office; we hereby tender to yonr Excellency onr resignation as Jnstices of the Inferior Court, in and for the county aforesaid. Wheat Crop Falling Off.— The threshing has considerably advanced, and the fact is de veloped that the crop in this section is much less than was anticipated. Man}' crops do not turn ont one-half what was expected, yet the wheat is of excellent quality. mother place may be found the statement of Mr. A. J. King, in regard to the crops in Vann s Valley—one of the best sections in the up country—and so far as the threshing has progressed, the crop averages a little over four bushels to the acre. —Rome Courier , 2d. Fine Wheat. —We had the pleasure of ex- T?? u ln «r il J e . w days “SO* the wheat crop of Mr. Elisha Watkins, of this viciuity. Mauy of the heads measure six and seven inches in length, and all well filled—the grains being full and large, and well matured. Taking it as an aver age, it is the best wheat raised in the county for years, and is a fair specimen of the crops gen erally of small grain. Mr. Watkins is well known as one of Burke’s best farmers. His cotton and corn will com pare favorably with any in the county, and bid fair for an immense yield. [Waynesboro Times. [Bpc-eial Correspondence Constitutionalist. The Crops, &c. Dalton, Ga., July 1, 1867. MilEoitor : We take pleasure in reporting the wheat crop of this and the adjoining coun ties as excellent, perhaps the best that we have bud in the last ten years. Some of the farmers have commenced threshing to meet the press ing wants of the citizens. The oats crop is good to the quantity sown, and is being harvested. The corn crop is promising, though rather small for the season, yet it looks well, aud should late raius fall the yield will be abundant. These crops, to some extent, have revived the spirits of the people, and once more they see hope. But we need yet some political anchor to insure that prosperity and peace that seems naturally due to patient industry. Registration is going on rapidly and peacea bly ; almost all who can are registering. In general, the people are doing all in their power to rebuild their lost fortunes; and each one with in himself feels that by good law, wisely admin istered, that the cry for bread will uoflong be heard in our land ; but the songs of plenty and peace will ascend the skies, clothed in the lan guage of praise and thanksgiving. Such should be the aspiratiou and aims of the statesman and the glory of the citizen. M [From the Savannah Advertiser. Registration. ADDRESS. To the Citizens of Chatham County: The undersigned, your fellow-citizens, ac tuated by no selfish motives, regarding only the honor and prosperity ot our State and of her people, disclaiming any intention to as sume the position of dictators or to intrude upon your privilege ot private judgment, de sire to offer you, in all sincerity, as the result of their calm, deliberations, a few words of counsel concerning your rights and duties in the present gloomy condition of our public af fairs. We have learned with regret that many of you have expressed your intention not to regis ter your names as voters under the recent acts of the Congress of the United States, known as the “ Military Bills.” We ask you to recon sider that resolution before it shall have be come a fixed and irrevocable determination, aud to examine in the spirit befitting so solemn a question, the grave consequences involved in your decision. .- We apprehend that many of you are influ enced by the mistaken idea that adherence to the late Confederate Government, or service, civil or military, under it, constitutes a ground of disqualification and deprives- you of the right of registering your names and conse quently of voting at the coming election. If so, we assure you that you are in error. Such is not the law. Two elements must combine in order to produce the result of disqualification under the military acts. A person must not only have served or aided the Confederate States during the late war but he must also have previously taken an oath to support the Constitution of the United States on his assuming the duties of some national or Blate office specified or included in the terms of the act. Neither service in the armies of the Confederate States, nor civil employment under their government, nor any amount of aid of any character which you may have ren dered to the Confederate cause, can alone effect your disqualification. You may have fought under the Confederate flag in every battle dur ing the whole war; you may have invested thousands in Confederate bonds, nevertheless you are not disfranchised, nor debarred from the right of registering, if (supposing you to possess the qualifications of age, residence and citizenship) you can swear that you have never previously to the war of secession taken an oath to support the Constitution of the United States as a member of Congress or as a civil or mili tary officer of the United States, or as a member of a State Legislature, or as an executive or judicial officer of a State. The persons in cluded in the terms “executive” and “j udicial” officers, are “defined and designated in the opinion of the Attorney General of the United States,” and in the orders of General Pope, to which you all have access through the public prints. So also any one of you may before the war have held any of the enumerated offices, and have taken, when entering upon its duties, an oath to support the Constitution of the United States, yet if he did not aftencards corapromit himself by aiding the Confederacy in the man ner contemplated by the acts, he is not ex cluded from the rights of registering and of voting. To create the disqualification intended by the law, therefore previous incumbency of one of the designated offices with taking the oath to support the Constitution of the United States, must be connected with subsequent support of the Confederate cause ot the character contem plated by the military acts. Upon these points there can be no doubt. The remaining qualifications required of the applicant for registration are that he is a citizen of the United Slates, (native or naturalized), that he is twenty-one years of age at the time of registration, a resident of the State and county for at least twelve months previous to the day of election. He may have been a resident for a less time before his registration, but the full period must be completed before he can be a voter at any election. of you, we learn, intend declin ing to register your names from impulses springing out of sentiment and individual pride; impulses which we appreciate and respect, but which we think to be, under the present cir cumstances, unpractical and delusive, and cal culated to distract your attention from your obvious duties and responsibilities. You shrink from what you consider a per sonal humiliation, in< consenting to submit to the dictation of those who now wield the power of the General Government and who choose to exercise it despotically. We entreat you to discard these feelings, and to accept our calmer judgment and couusel in this matter. We-agree with you in condemning the acts which Congress has passed, but we do not acknowledge that there is any voluntary humilia tion in asserting the rights allowed to us by them. Granting that the acts under consideration are unconstitutional, arbitrary and unjust, that they violate established principles of political right, and wautonly force the safeguards of social freedom; yet, until repealed or annnlied by a competent Judicial Tribunal they are the laws of the land in which we live. You can “ accept the situation ” with dignity and without sacrifice of self-respect. The war is over, the issues upon which it was waged have beep decided against us. You have done your duty in that contest, but another duty still devolves upon you. The question now is how to restore our State to a peaceful position ot prosperity and of political freedom. To this end Georgia needs and de mands the aid of all her sons. The only way in which yon can render that aid is by qualify ing ponrselves to be voters at the comiug elec tion. You CMS do that only by registering your "names under The provisions of the military acts. In no other way can you assume your true po sitions and grasp once more the power which ! is your birthright. If you hold back now and refuse to register,) consider what may be the consequences of your inaction and the responsibilities that will rest | upon you. Avery few votes m'ay decide the preponder- ! ance of power at the next election. What fear- j ful contingencies are involved in that simple j suggestion. If you refuse to register, you deprive your-! selves of the opportunity of voting for or 1 against a Convention, and for or against the Constitution which that Convention may adopt.! If yon refrain from qualifying yourselves to j be voters, what guuarantee have you that the I Convention may not frame a Constitution for ! your State that will on the very ground of yonr default disfranchise yourselves and your sons i forever ? Why should you disdain to exercise the right of suffrage which has always been your t, because it has also been conferred upon others—when there is more need now than ever before that you should assert it ? Many ot you who will read this address have served your State faithfully in the field, under the honest conviction that you were simply doing your duty. You have earned that honor which duty- sincerely undertaken and- earnestly performed always confers. But other obliga tions to that State still remain to be fulfilled, in order to complete your record of a trust faith fully discharged. At no time in the history ot our State did she stand more in need of the united and uufaltar-' ing energy and devotion of hes sons in her be half. Immolite upon her altar all selfish ideas.— Every duty is stern. Every duty demands some sacrifice of interest or of feeling. He is worth nothiug to his friends or his country who is not willing to make such sacrifices at the demand of duty. You fearlessly exposed your lives in defense of your State. Will you hesitate now, when she is encompassed by new and fearful dangers to rally to her aid when she once more calfb upon you for support ? Friends! We have shown you what we be lieve to be your duty in the present emergency. We entreat yon to hesitate no longer, to look upon the situation as practical men, in the light of reason and common sense—and to assert to the full extent all the rights yon possess. We pray you not to desert your beloved and bereaved mother, “ Georgia,” in this her time of desolation and distress, iu this her supreme , hour of agony and peril. Your friends, Henry R. Jackson, Thos. E. Lloyd, Henry Williams, George 8. Owens, George A. Mercer, Wm. S. Basinger, S. Yates Levy, Committee. Edw’d C. Anderson, _ „ „ Chairman. Philip M. Russell, Secretary. Savannah, June 29, 1867. The New Masonic Temple in Boston. The following letter describes the grand Ma sonic Temple which President Johnson went on to Boston to assist in dedicating on Mon day : “ It is, without exception, the finest and most highly-fiuished btlilding in New England. Any thing like a detailed description of its count less rooms, elegant halls, broad staircases and corridors, and its magnificent decorations, would exceed the limits of.tf letter, and I must content myself with a brief synopsis ot its prin cipal features. The building has been erected under the personal supervision of the Grand Master of this State, Charles C. Dame, assisted by the directors of the Grand Lodge. The cor ner stone was laid October 14,1864, on the site of the old Winthrop House, which was de stroyed by fire April 1,1864, it being the pro perty of the Grand Lodge, and its destruction entailing a heavy loss of valuable relics and rich regalia, belonging to the Order. After mueh discussion it -was decided to build on the same site, though offers were received for the ground almost sufficient iu amount to pay the whole cost of erecting the edifice on the Back Bay lauds. • The present building is of granite, eighty-five feet front, and its height, from pavement to battlement, nearly ninety feet. There are two main sets of stairways, the lesser one at the rear eornre on Boylston street,, an the. grand entrance in the center of the fro*nt on Tremont street. The stairway is ten feet broad, and easy of ascent. Outside the building is four stories high, with a French roof, but inside there are six floors above the ground floor, making in all seven stories. There are three grand halls, one on the sixth floor, located in the right or north wing of the building, and each rising through the floor above, and filling two stories of the building, being placed one above the other. The lower hall is in the Gothic order of architecture, and is named Sutton Hall, in honor of General William Sutton. This hall 16 70 feet long, 40 broad and 22 high,-and will ac commodate several hundred persons. In the centre of the ceiling isafiue fresco represent ing the Genius of Masonry. The niches in the coruers are to be filled with statues of Faith, Hope, Charily and Wisdom, by a well known artist. This’ hall is to be occupied lty the Grand Lodge. On the fourth floor is the Egyptian Hall, the architecture, emblems, hieroglyphics and furniture of which are all Egyptian in style and execution. This hall is designed for Chapter meetings. On the same floor is the armory of the Knights Templar. On the sixth floor is the grand hall of the Knights Templar, called Gothic Hall, uni form in size with the tw© lower halls. It is elegantly finished iu Gothic style, and luxuriously furnished. Ou the seventh floor are two banqueting halls, which connect by sliding doors, and are capable, together, of seatiug 600 or 700 persons. From these rooms opens a kitchen, connected by an elevator de scending to the basement, with the refectory of Copeland & Tarbell, which occupies the ground floor and baseraeut, and is one of the finest establishments in the country. Besides he rooms already described, there are almost countless small rooms for sodality meetings, offices, closets, reception rooms, armories and halls ior meetings of Lodges, Chapters and Encampments. The carpetings, furniture, dec orations and appointments of all these raoms are of the richest and most complete character. The area in front of the temple will be en closed, bedded with flowers, and ornamented with two fountains, to be fed from two 12,000 gallon tanks ou the top of the building, which are filled by the rain water from the roofs. In the basement is a ten-horse power steam en gine, a st' am force pump of great power, and two fifty-horse power boilers, which will heat the building by steam. Each floor is provided with hose aud wffter pipes, and the whole edi fice is splendidly ventilated. By means of steam fans, fresh air can be forced to all parts ot the building. The view from the flat roof of the building is magnificent, especially to ward the sea, and if provided with floor and railing, would form a charming promenade.” Terrible Tragedy at Enterprise, Miss. We learn by a private letter from Enterprise, Miss., that a most fearful tragedy was enacted in that town on the night of the 24th. The let ter merely mentions the occurrence without giving the causes which led to the difficulty and resulted in a most fearful tragedy, ft appears that on the evening in question, a Mr. William Johnson went into the house of a man by the name of Wooiy. He bad not been there long before some dispute arose, which terminated in an affray in which Woolly drew a pistol and shot Johnson, wounding him severely, but not to snefa an extent as to render him helpless at the time. Johnson as soon as be was shot suc ceeded iu getting possession of an axe which was in the vicinity, and rushing upon Woolly, struck him a terrible blow, killing him Instant ly. Johnson, who was very much enraged and probably was hardly conscious of the crime be was committing, then attacked and killed WooJi}’B wife and baby, and also severely wonnded one of bis daughters, who. however, it is supposed succeeded in making her escape and giving the alarm. Johnson’s wound, which he received at tbc commencement of the difficulty, is of a very serious character, and he is not expected to re cover. This terrible affair has created the most in tense excitement and commotion in the com munity of Enterprise, where both the parties were well known. Enterprise has always been noted for the law and order which prevails there, and disturbances of any kind are of rare occurrence. This heart rending tragedy has shocked the good people of that community greatly.— Mobile Tribune, 26th. Good Joke on Braxton Bragg.— When Braxton Bragg commanded the army ot Ten nessee, one day, while on the march, he sud denly came updn one of the “ ragged,” batter nut fraternity, who was just then busily emrae-ed in plundering a garden. The General drewnp, and railed ont, ‘To what command do you be long?" Sattemot waa caught; he the general, and he knew the man he had to deal with. Assuming a green, gawky manner, he answered as follows : “Mister, I toM ? r. Bragg’s company, but he shot at all but ™«was & little too much, and drawing bis and compressing his lips, the General rode on, and let the last man of his “company” live. Paragraphic. Professor Levi, in a book on the “ Waer* mj Earnings of the Working Classes,” says t? “a sad, very sad fact, that in the United Kimr dom as much as £80,000,000 a year is expended in ardent spirits, £50,000,000 of which is con sumated by the working classes.” A young lady of Montgomery, who was" re cently caught smoking a cigar, gave it as her reason for the act, “ that it made it smell as though there was a man around.” It is stated to he a significant fact, that the only people in Paris who cheered the Emperor of Russia were Americans. As most all the people who have gone to Paris, or can afford to go, are of the shoddy Abolition party, it is very natural. People in favor of a Russian govern- . ment in the United States should sympathiae with the oppressor of Poland—a fellow-feel ing, &c. The latest duel of Paris was fought between M. Guy de Charnacc, editor of Le Jockey, and Marquis de Gallifct, and was occasioned by an article from .the pen of the former, which the latter considered as detracting from his renown as a sportsman. Gallifet was scratched on the cheek and Charnacc was scratched on the thigh. The contest was nncqualed for desperate val6r, except by a crossroad “tournament” in Ar kansas, or a beer fight in a German university. Dante in Dutch. —A event in literature has occurred in Holland. A Dutchman of letters, Mr. Hacke van Mynden, has published a very exact translation of Dante’s “ Divine Corame dia.” The Dutch are in.raptures with the tens* l rima verification. The following specimen U from the Inferno, Canto 3; Toen vattee hij mij<l hand, en wel tevroden Zag hij mij aan, en echenk mil nieuwe krachten Zoo daalden we in den afgrona naar beneden. Waar zuchten, luide kreten jammerklachten, * Die duistre sterrelooza luchte doorboorden, Zoodat ze mij tot droeve tranen brachten. A priest asked a tipsy fellow leaning against the fence, where he expected to go when he died. “If I can’t get along any better then than now,” said he, “ I can’t go nowhere.” Roman Catholics have been advised by circu lars from the Bishops of New York and Brook lyn! that pic-nics are pernicious, and to be shunned. Ninety-three deacons and priests were or dained into various holy orders of the Catholic Chureh, at the Theological Institute at Troy, N. Y., on Saturday last. Christ Church Cathedral was consecrated with great pomp last Tuesday forenoon at Montreal, C. E. A large nnmber of clerical dignitaries from the States, among whom were the Bishbps of Virginia and Illinois, took part in the cere monies. Young ladies in New Orleans wear false calves as a protection against mad dogs. Probably- the reason why women’s teeth de cay sooner than men’s, is not the perpetual friction of their tongues upon the pearl, but rather the sweetness of their lips. In the Supreme Court of New York, recent ly, a decision was given compelling Edwin Forrest to pay alimony from the suit instituted many years ago. The Hou. Edwin A. Keeble, of Murfreesboro, was married, on Tuesday last, in Nashville,,to Miss Sallie D. Bell, daughter of Hon. John Bell. The army worm is ravaging the orchards in Magara county, New and in places the whole population is engaged in fighting the pestiferous nuisance. A locomotive constructed in the work-shop* of the Orleans Railway Company, has run 93,150 miles, in three years, without submitting to any repairs. The engine is to be exhibited at the Exposition, and is worthy of it. Drowning is a term which an English paper applies to catching herring in a net. The idea of drowning a fish will be new to most people, though the term is in common use among pro fessional fishermen. A Good One on the Melish. —A company of Brownlow Bummers, en route for Johnson ville, were on the cars Friday evening when the smash up occurred, and a friend, who was also aboard, tells us that they screamed like a pack of frightened children or a flock of scared sheep. One cried out, “O, my God 1 the rebels are upon us!” Another shouted, “ Don’t shoot! Don’t shoot! They forced me into this!” They happened to occupy a forward car which was badly shattered and several of them were hart. When our informant climb ed out of the ruins he found one sitting flat on the ground and crying as if his heart would break. On being asked why he wept so, he re plied, “ Befcase I thought the rebs’d got mo sure!” Poor creatures ! Ignorant and deluded, they consider that they live in war time, still, and are afraid ci being thrown off the track whenever they ride in the cars, or ot being shot at from every bush when they ride through the country. Truly a guilty conscious makes cow ards of the Brownlow body guard and needs no accuser.— Nashville Banner. A member of the New York State constitu tional convention said to the Hon. Wm. M. Evarts the other day: “I suppose this is the ablest body of men ever assembled in the State of New York.” “My dear sir,” responded Evarts, “there can scarcely be any doubt of it, for 1 have heard the same remark made by almost every member of the convention !” The conversation closed just at this point. Logic. —A Miilcdgeville correspondent of the Macon Journal $ Messenger says : “The work of registration is tardily pro gressing. I learn the negroes on the country farms are not inclined to register, under an im pression made on them by ex-Governor Brown, that not to vote for a Constitution wonld re sult in confiscation—just what they want.” Registers.— Col. E. M. HiH, of No. 40, Cen tral Railroad, and Capt. Jesse C. Smith, of this vicinity, have received the appointment of Registers for the Seventeenth Senatorial Dis trict, comprising the counties o£Burke, Bcrlven and Bulloch—the third person,"Malcolm Clai borne, colored, completes the board. We are glad to learn that the registration of voters commences in a very short time. We trust the work will be pushed through with energy and rapidity.— Waynesboro Times. The Germans of Memphis desire to co-ope rate in a world-wide movement to raise a fond for the relief of the German poet Ferdinand Freiiigratb, who is now in exile in London, and suffering from poverty, and they have appoint ed a committee to solicit aid from all iriends of German freedom. Registration in Atlanta.— At the closing of the registration in the first ward in this city on Friday, says the Intelligencer , the namber ot persons registered footed up 412 whites and 373 blacks. In Cincinnati there are several co-operative organizations. The Cabinet-makers’ Union was established in 1852, with shares valued at ♦SO each, which are now worth $400; and it has property worth SIOO,OOO. The Queen City Fur niture Company was organized in 1864, with shares of SSOO eaeh, which are now held at $3,500 each, and the company hold property amounting to SIOO,OOO. The Cincinnati Furni ture Association had a capital of SIIO,OOO in 1852. Its annual sales are SIOO,OOO. The Chair makers’ Union started in 1865, with a capital of $7,500. The stock is now worth $27,500. A New Jersey editor has been riding on a street railroad in one of the Jersey cities, and thus describes it: “ The cars themselves are simply exaggerated sardine ly>xes, placed on what the spinal ct lumn of any passenger might consider triangular wheels. The windows which are shut will not open ; while those that are down a Samson could not raise. There are no springs to the running gear, and the tracks have one thousand bounces, or jolting places, to the mile.” In England, the pastors of some of the churches are trying an experiment, which u said to meet with favor. They boJd*n early morning service on tandays during th< t weather, so as to avoid the of fiT much larger congregations tb*n sembled daring that season are reported to bf the result.
