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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (Dec. 29, 1869)
®lje tDcchln Constitutionalist BY STOCKTON & CO, OUR TERMS. The following are the rates of Subscription: Pi AT, one year $lO oo WisitT, one year $S 00 [From the Overland Monthly. Her Letter. fm sitting alone by the fire, Pressed just as I came from the dance, jn a robe even you would admire— It cost a cool thousand in France ; I’m be-diamond out of all reason, jly hair is done up in a cue; In 6hort, sir, “ the belle of the. season” Is wasting an hour on you. A dozen engagements I’ve broken; I left in the midst of a set ; Likewise a proposal, half spoken, That waits—on the stairs—for me vet. They say he’ll be rich—when he grows up— And then he adores me indeed. And you, sir—are turning your nose up, Three thousand miles off— as you read. “And how do I like ray position ?” “ And what do I think of New York ?” “ And now, in my higher ambition, With whom do I wallz, flirt, or talk ?” " And isn’t it nice to have riches, “ And diamonds, and silks, and all that ?” “ And arn’t it a change to the ditches ADd tnnnels of Poverty Flat?” Well, yes—if you saw us out driving Eich dayjra the park, four-in-hand— If you saw poor dear m&mpja contriving To look snpernatnrally grand— II yon saw papa’s picture, as taken By Brady, and tinted at that— Ton'd never suspect he sold bacon And flour at Poverty Flat. And yet, jnst this moment, when sitting In the glare of the grand chandelier— In the bnstle and glitter befitting The “ finest soiree of the year”— In the mists of a gaze de Chambery, And the hnm of the smallest of talk— Somehow, Joe, I thought of the “ Ferry,” And the danue that we hod on “ The Fork Os Harrison’s barn, with the must re Os flags festooned over the wail; Os the candles that |bed their soft lustre And tallow on head-dress and shawl; Os the steps that we took to one fiddle; Os the dress of my queer vit-a «»•* ; And how 1 once went down to the middle With the old man that shot Sandy McGee ; Os the moon that was quietly sleeping. On the hill When the time came to go ; Os the few baby peaks that were peeping From under their bed-clothes of snow ; Os that ride—that to me was the rarest ;■ Of—the something yon said at the gate ; Ah, Joe! then I wasn’t an heiress To “ the best-paying lead in the State.” Well, well, it’s all past, yet it’s funny To think as I stood in the glare Os fashion and beanty and money, That I shonld be thinking, right there, Os someone who breasted high water, And swam the North Fork, and all that, Just to dance with old Follnsbee’s daughter, The Lily of Poverty Flat. Bat goodness! what nonsense I’m writing— (Mamma says my taste is still low) Instead of my triumphs reciting I’m spooning on Joseph—heigh-bo ! And I’m to be “ finished” by travel Wbatever’s the meaning of that— 0, why did papa strike pay gravel In drifting on Poverty Flat! Good-night—here’s the end of my paper ; Good-night—if the longitude please— For may be, while wasting my paper, Yonr sun’s climbing over the trees. Bat know, if you haven’t got riches. And are poor, dearest Joe, and all that, That my heart’s somewhere therein theditches, And you’ve struck it—on Poverty Flat. The Richardson Sacrilege. Reverend Henry, brilliant preacher. Thou, whose words have cast a charm. Over deeds like those which Beecher Stowe cried down in dread alarm— Tell me, would the Church have given Th’ adulterer a guilty wife ? If not, on leaving earth for Heaven, He’d left of thousands, seventy-five? Tell me, versatile implorer, Wonldst have raised thy hands to bless People duller, people poorer, If the'ir siniiad been not less? Church of Christ! Does mind and money. Then, atone lor broken laws ? Do thy servants pour the honey Os thy peace in snch a cause ? Isa sinner, because dying- Privileged to outrage all Feelings, morals, laws, and flying, Hiding crime beneath the pall, Claim enoominms, praises, anthems Funeral speeches by the score. Are Duty, Honor, Wedlock, phantoms That exist on enrtb no more? Was of old th’ adnltress bidden G , and bring her paramour, Tha; He might bless tbeirlovee, erst bidacn, Loves to come, and gone before ? Did the Saviour in bis glory Pitying the evil-does. Sanctify her sinful story, When he said: Go, sin no mote/ Tell, explorer of the Word, Is a man who wields the pen Brilliantly, before the Lord, Better than bis fellow meu ? Tell thou, and thy reverend brother, He who prayed, tell, if ye can, „ Wnat “these two had been to each otber, Butsintul wife and lustful man . Hartford, December, 1869. The Toast for Labor. Here’s to the man with horny hand, Who tugs at the breathing bellows ; Where anvils ring in every land, He’s loved by all good fellows. Aud here’s to him who goes afield, And through the globe is plowing, Or with stout arm the ax doth wield, Wblle ancient oaks are bowing. Here’s to the delver in the mine, The saifor on the ocean, With those of early craft, and line, Who work with true devotion. 0-. loves lor her wiio tolls in gloom, ° Who?* the cranks and wheels aroelank- Bereft l/abe of nature's bloom Yet Uod In patience thanking. A enrae for him who sneers at toll And shuns hi* share of lah° r i The knave but robs his native soil, White Icaulug on hie neighbor, Hhui may tbl* trotfe be brought on earth, (irow more and more In favor •, There U no woiltb but owe* la worth To handicraft and labor. Then pledge llm founders of our wanllli- Tiin iiui liters or oar nation l , ... W« know their worth,aud now thnlrhea 111 Urluk we with auvlauia'ton. Decisions of the Supreme Court of Geor gia. Delivered at Atlanta, luesday, December 14. [reported expressly for the constitu tion BY N. J. HAMMOND, SUPREME COURT REPORTER.] T h S ' , C - Whitean d J- 8. White vs. Wm. M. Haslett and Elbert Rucker, Ex’r, etc. Motion to open judgment. From El bert. Thos. C. White vs. Dillard Herndon. Mo tion to open judgment. From Elbert. McCay, J. A judgment inter partes is conclusive, as to all matters which were before or by the laws governing, the court rendering the judgment must have in issne before it, and it is not within the power of the General Assembly, under the constitution, to au thorize the opening of judgments so as to allow a rehearing of issues, which were, or by the rules of law, must have been heard by the court rendering the-judgment, but cross actions, equitable defenses and rights which have accrued since the judgment do not come within this rule, and it is compe tent for the Legislature to authorize such defenses to be taken advantage of by a mo tion in the nature of a bill in equity, to open the judgment and adjust the rights of the parties according to such equities. Where the defendant in a judgment at law filed his affidavit under the act of 1868, for the relief of debtors, etc., in the precise words required by the statute, and the sher iff returned the papers into court as therein required, it was error in the court to dis miss the affidavit without giving the de fendant an opportunity to set up such cross actions, equitable defenses and rights accruing to him subsequent to the judg ment, as undet said act are allowed to be set up in a motion to open the judgment. The 2d and 7th sections of the act of the General Assembly of this State, passed in 1868, for the relief of debtors and to author ize the adjustments of debts in principles of equity so far as it permits the defendant in a judgment to open the same by motion and set up defenses thereto, which were, or by the law at the date of the judgment must have been in issue before the court render ing the judgment are in violation of article 9th, section 6th, and of article Ist, section 21st, of the constitution of this State, but so far as said act permits judgments to be opened by motion so as to let in defenses arising since the date of the same, or cross actions and defenses purely equitable, though existing at the said act is not un constitutional, but is within the powers granted to the Legislature by the constitu tion. White vs. Herndon, White vs. Rucker. Brown, C. J., concurring. In my opinion the Judgment of the court in both these causes, which were argued together, was erroneous. I hold: 1. That when a party is sued in a court of law he is bound to make any legal de fense which he has against the claim of the plaintiff, and if he is not prevented by fraud, accident, or the act of the adverse party un mixed with negligence on his part, and fails to make his defense, the judgment, whether erroneous or not, if not excepted to within the time allowed by law, is conclusive against him, and the Legislature has no power to open it to let in any legal defense which existed at the time of the trial. 2. A defendant sued at law Is not bound, however, to set up ft defense purdy equita ble, and a court of chancery may grant an injunction in such case before or after judgment; ami I take it- to be a correct principle that the Legislature may author ize any relief in a court of law which can be had in chancery without such legisla tion. But it must be such an equity be tween the parties as would be the proper subject of equitable interference, as the in solvency of the plaintiff, the fact that he is beyond th&‘jurisdiction of the court, or some other, equitable defense or claim. In snch case, I see no good reason why the Legislature may not authorize the equita ble claim of the defendant to be set off against the judgment of the plaintiff’, or why it may not authorize the judgment to be opened for that purpose. Tnis view of the power of a court ot chancery to set aside or injoin a judgment, is sustained by numerous authorities, l quote a single one from the opinion of Judge Lumpkin in Pollock vs. Gilbert, 16 Ga., on page 403, as follows: “ But when a case involves matter ex clusively wl’hin the jurisdiction of equity, its final decision at law will not preclude a re-examination in chancery. Under such circumstances, the doctrines of res adjudi cata does not apply. For as the mattei in which the intervention of equity is asked could not have been determined at law, it can not be within the estoppel of the legal The existence of an equitable defense which could not have been made availabe as a legal defense, is therefore a sufficient ground*for obtaining an injunction before or ajter judgment. 2 White & Tudors 16 And’after'mdting’the cases of Foster s Wood 6 Johns ch. It. 89, and the Marine Insurance Company, of Alexandra, vs. Hodgson. 7 Craneli, 333, and Irulj vs. Wanger, 5 How., 141, theseannotators con- Xu well settled in accordance with the rule laid down in these cases that equity will interfere by injunction either before or after judqment, whenever the case is shown to involve matters purely of equitable cog- 1 nizance and essential to its propel deter USSSS. V. m- %»,kTiS heino- made, a court of equitj will inter sere to arrest the proceeding at law at anj of it. Thus an injunction is some times granted to stay trial; sometimes after, verdict to stay judgment; sometimes alter j iud-'inent to stay execution; sometimes after execution to stay the money in the hands of the sheriff, if it be a case of fen facias; or to stay the delivery of posses t u la** «» writ of possession, v Wood’s lectures? 56, n P . 406, 497, 412 416. 1 Mad? Ch. Pr, 109,110; Eden on Injunc U Thi« C ui »o complete an epitome of the SswKEfeSß ‘hY’luihal In 7th Ur.nch, and of irVLafi/ ''l SHi H-ovard, as well alneral currant of authorities, that I "wJ jyffS to extend tha discus- W' pul 40fl. Judge Lumpkin Again. »u i»H lajuclnla with regard i jay*; " it 1 ""™' » AUGUSTA, GA., WEDNESDAY MOENING, DECEMBtE 29, 1869. *?. m l anctl °ns, after a judgment at law, is thm: that any fact which proves it to be against conscience to execute such judgment, and which the party could not have availed himself in a conrt of law, or of which he might have availed himself at law, but was prevented by fraud or acci dent, nnmixed .with any fraud or negli gence in himself or his agents, will author ize a court of equity to interfere by injunc tion, to restrain the adverse party from availing himself of said judgment.” From these authorities, it appears that there is a class of cases where a court of equity may at any stage of the proceedings interfere by injunction and arrest the pro ceedings at law, even after judgment. And I am well satisfied that the Legislature has power to authorize any such defense as might be made available in equity, to be made in the manner po'nted out by the re lief act, in a court of law after a judgment has been rendered. But I am not prepared to go beyond this and hold that the Legislature has power to authorize judgments indiscriminately to be opened for causes of legal defense which ex isted, and which it was the duty of the de fendant to have set up before the rendition of the judgment. It does not appear from this record whether the defendant in this case had any such defeuse to the judgments, which he sought to have opened in the court below. But having filed his affidavit in compliance with the statute, it was the duty of the court at the first term to have permitted him, by proper pleadings, to set up such cause against the judgments if it existed ; and I think the court erred in dismissing the affidavits Without allowing him that opportunity. I will simply add that a judgment may, in my opinion, be opened under the au thority of an act of the Legislature to let in an equitable defense which originated since its rendition, if the ends of justice re quire it, and it would be against equity and good conscience for the plaintiff to enforce the judgment. Warner, J., dissenting. I am of the opinion that the judgment of the court below in refusing the motion to allow the judgment to be submitted to a jury for the purpose of being opened, and the amount thereof reduced by their ver dict, should be affirmed. The second sec tion of the relief act of 1864, which pro vides for the opening of judgments render ed by the courts on contracts made prior to the first day of June, 1865, for the causes therein stated, Ls, in my judgment, uncon stitutional and void. It is not only a vio lation of the 10th section if the first article of the Constitution of the United States, but also of the State constitution of 1864. H.A. Roebuck, Jas. D. Matthews, for plaintiffs In error. E. P. Edwards, Hester & Lumpkin and Toombs, for defendants tn error. Wm. Ritnshart', j-1.1-tw ; n Prr( -j|. jnw E. Hain, defendant in error." Rule to foreclose mortgage from Bryan. Warner, J. When a motion was made in the court below to open a judgment, on the ground that the defendant therein had tendered to the plaintiff $1,200,000in Confederate money during the second year of the war, and claimed the benefit cf the relief act gen erally, which motion was allowed by the court: Held, that the defendant in the judgment did not show any equitable ground of defense which authorized him to have the judgment opened and created, anil that the judgment of the court belowshould be reversed. I concur In the judgment of reversal in this case, on the ground, that the second section of the relief act of 1864, whicli provides for the opening and scaling judgments rendered prior to June, 1805, not only violates the Constitution of the United States, but is also in violation of the con stitution of this State. Judgment reversed. Fleming & Lester for plaintiff in error. J. W. Tanner, W. B. Gaulden for defend ant. George T. Connell, plaintiff in error, vs. Thomas Vaugh, defendant. Relief from Carroll. Warner, J. When a motion was made in the court below to open a judgment obtained prior to the first and ty of June, 1865, for the purpose of having the same scaled as provided by the 2d section of the relief act of 1868, upon the ground that the defendant in the judg ment had lost a large amount of property by the results of the war, without any fault of the plaintiff, so far as the record shows, which motion was overruled by the court: Held, that the defendant in the judg ment did not make out such a case as en titled him to any equitable relief under the provisions of the act of 1868, and that the judgment of the court below shonld be affirmed. 1 concur in affirming the judg ment of the court below In this case, on the ground that the 2d section of the act of 1868 is unconstitutional and void, the same being in conflict with the constitution of this State, and of the United States. Judgment affirmed. Austin & Reese, by L. J. Glenn, for plaintiff in error. B. Oliver, for defendant. John McK. Gnnn, plaintiff in error, vs. Da vid H. Isaacs, defendant. Motion to set aside judgment from Randolph. Warner, J. Where a motion was made to open a judgment in order to scale the same under the 2d section of the relief act of 1868, and on the trial of said motion in the court be low it appeared in evidence that the de fendant in the judgment had lost a large amount of property, which he owned at the time the debt was contracted, for which the judgment was rendered by the results of the war, without any fault of the plain tiff and the jury returned a verdict for twen ty ...five dollars in favor of the plaintiff when the principal and interest due on the judg ment was one hundred and eighteen dollars. Held that the defendant in the judg ment did not, by his evidence, make out such a case as entitled Him to any equit able relief under the provisions of the act of 1868, and that the Judgment of the court Mow should Iks reversed. I concur in re versing the Judgment of the court below In tills case, on the ground that the 2d sec do of the relief act of 1868, which an thorl/.' S the opening and scaling Judgments rendered prior to the passage of that act, Is unconstitutional and void. Judgment reversed J * Brown, C. J , concurring. 1 ■ in tin* luriifinnit of on I ihi around that lie Jury were not author- I limUn reduce the amount of the Judgment on account of the loss of property by the defendant, as It was not shown by him that the loss was caused by the wrongful act of the plaintiff, which was necessary to raise such equity between the parties as the conrt and jury had a right to administer. Hood & Kiddoo for plaintiff in error. Fielder & Jones for defendant Id error. [From the New York Journal of Commerce. A Question and a Sensible Answer. Gentlemen; My case is this: I have been for some years, on my own account, in a commission business involving a prac tical knowledge of the preparation of a sta pie article of necessity and daily consump tion. It has always been, till the last few years, a fair paying business; now it is not, owing to changes, seemingly out of control. I’ve been fighting on for some time, los ing nearly all ray means. I’m not tired of the business, only its un profitableness. The question is, shall I, who have always Paid one hundred cents to the dollar, who have a holy horror of failing, who am do ing an honest, trade, free from speculation, under necessarily heavy expenses, keep on under such adverse circumstances, with the help of friends who know me, my antece dents and present condition—or shall I sell out for fear of injuring myself and friends, go to anew point, say out West, commence anew with small means and without that help and credit I have here? I hear and read much of farming and Its quiet free dom freftn commercial excitement, and I think 1 have a just idea of the value of a producer, bnt I don’t know anything of the practical details of {he life, and having been brought up in a city, I fear the results of a radical change to myself and family. Now. what do you think and what do yon advise? I would like to have a little guidance, and I’ve no dotibt many others would also. With respect, yours truly, 8. Reply.— We can answer one question positively., If the business has ceased to be profitable and there Is no reasonable hope for its recovery, the sooner yon stop it the better. The rule of all business ope rations is peremptory, “ Let your profits run on; cut short yonr losses.” What to do when yonr present occupation ceases is a problem we cannot solve for you. The great trouble In advising another on this point te that success depends much less on the wisdom of the choice in itself con sidered, than on the spirit in which it is undertaken. The truth of the Scripture— “ Asa roan thinketh, so ls he ’’—has never a more graphic illustration than when it is applied to business pursuits. Energy and determination depend so much on courage and hope that to despond is almost cer tainly to fail. A man who goes on to a farm such as may be bought in anew set- lives with the most rigid economy andseir denlal, will find himself after the lapse of years, if his life Is spared, in comfortable circumstances. The.same industry, thrift, economy and self-denial will produce the same result at an earlier date in almost any other calling, and especially in our large cities, fashionable as it is to urge poor people to fly from them ; but the ad vantage of farming is that it almost com pels the exercise of these essentials to suc cess while in the city they are to be prac ticed in the face of a constant tempi ation to ignore them. If our friend will take up almost any humble pursuit, say the first that comes to his hand, work as hard, dress and live as poorly, and deny himself as much as he would be compelled to if he went out to dig his llvlftg ont of anew prairie farm, he would make more In the next twenty years by It than In the much vaunted agricultural pnrsuit. Work hard and steady, and whatever vour,income, live within It, end you shall become independ ent, nay, you are as independent as a mil lionaire. But if you have become accus tomed to luxurious city ways, this self-de nial may be too.hard for you here. If so, put off to a distance, and turn over anew leaf with different reading on the other side. But, remember 1 it Is certain failure for you to make the change in your condi tion unless you arc prepared to change en tirely yonr habits and mode of living. If you can rough it, go hungry and wear homespun rather than run in debt, and are prepared, as we have for twenty years with out a holiday, to do two days’ work in one and take the pay that offers for it, you have the key to success anywhere. Death of a Cblf.brated Painter. —On the 12th instant died the well-known paint er Frederick Overbeclc, a native of Lnbeck. He came, a pilgrim of art, to Rome at the ago of twenty, and since that time has lived an all but blameless life In the city of his adoption. An ardent Catholic, his religion inspired every effort of his pencil, and his studio was a shrine for many years to strangers and residents in Rome. About twelve years ago the artists met to com memorate the fifteenth anniversary of Over beck’s first visit to Rome. Now, at the age of, I believe, eighty-five years, his obse quies were attended by as numerous an as sembly of his brethren in art and other friends. The funeral service was performed at the Church of San Bernardo, on the Viminal, the music of the mass being sung by the German students of the Catholic tiollege, the Ambrosian chant prevailing. The Kyrie and the Dies Ira were especially beautiful. Unfortunately, the church being small, was overcrowded ; there were none of h.ls countrymen willing to absent them selves on the occasion, and the Germans muster strong in .Rome. The Pope sent j his dutiful and loving son a special bless ing on his death-bed, by a prelate of Ids 1 suite, and his death, as described by one who was present, was inexpressibly calm and tranquil. He quoted text upou text of Scripture illustrative of the mercy ofGod and the confidence of the Christian In his promises, and hi» end was as peaceful as exemplary life.—AW' York World. Homicide—Affray Between Blacks and Whites in West Virginia.—Cincin nati December 15.—The officers of the steam er Fleetwood report a bloody fight at May» vllle, Ky., last night, In which Mr. Taylor, clerk of the Bancroft House, allot and killed a stranger In a quarrel about cards In a gambling house. The same officers report u desperate fight on Monday night between a party of negroea and whites, at Maiden, Weat Virginia, ton mlhMaboveClturlcstowp, on the Kannwhu river. Heveral were wounded oil both shies. General ftuffner was among the number. Father Hyacinthe’s Lecture. charity and the government of life. The following is a full abstract of the lecture delivered in the New York Acade my of Music, on Thursday evening, by Father Hyacinthe, which has already been briefly mentioned by telegraph. On being Introduced to the audience by Mr. Caylus, he was greeted with great applause, after which he said: Ladies and Gentlemen : I, too, require to give some explanation of my presence here to-night. I came to seek in this coun try a few weeks of repose between the struggles of yesterday eve and those of the morrow. I came resolved to be silent. I came to behold that grand nature bearing an impress of the Deity, the more profound as the hand of man is less apparent upon it. I came to look upon that young and vigor ous nation which, if it weakens not, will realize in the future the greatest and the last intentions of God on our race. I came here to listen and not to speak. It happen ed, however, that in this cosmopolitan city I found France, and was appealed to by the charitable in behalf of suffering France. The members of the Societe Francaise de Bienfaisance asked me to come to aid (now ' that a severe winter is about to set In) my 1 suffering compatripts in New York. The 1 French population in this great city is not ' numerous, but its memories are many and ' glorious. Since the time of Washington ! and Lafayette no cloud has darkened the friendship of the two countries they respec tively represent. I should have shown but a slender sympathy for France had I not responded to the appeal made to me on be half of its suffering children. This will ac count for my presence before you this eve ning. The question I would spCak on to night Is one of the most Important, yet one of the least understood. I speak of chari ty. The government of life is, however, the* real subject of my lecture, and charity a subsidiary element. In this practical age science is studied for its application to the practical proposes of life rather than for its own excellence. The fact par ex cellence Is truth, and from this comes the great question. Os what use is it tor man to conquer the untverse if he losses his soul, his life? It is a grand thing sos this great continent tobe governed by the peo ple, but it is a greater thing for man to be governed by his conscience. The motive power In life Is the heart—a more impera tive, impulsive power than the< conscience, from which, however, it Is not to be sepa rated. I have the right, so to speak—l, a priest of Jesus Christ, addressing you—to say, guard thine own heart. Every man hath his own heart in his keeping. The three principal powers of the soul and the body are the reason, the senses and the ' heart. Neither of the first two mentioned i are real powers. By the senses man is 1 .aasimlialflLta.the brute creation, and some- ' he is assimilated to the angels. He HSUBODH on truth under a dim shadow, while the heavenly hosts behold It in al( its full radi ance. Nothing, however, is more exclu sively, more essentially human than the heart, for man cannot live or find any per manent principle that will inspire him in life without Its aid. I have lived a lire of Ideas, shut out from the world. I have loved and still love ideas; but I have never found in them absolute certainties or con solations and joys. What is the heart ? It is the flesh; it Is an organ that commands blood and life. Moses said: “The soul is the blood.” The heart is almost the man, for in it all motion in life commences and ends. It is the first organ awaking to life in the infant in the mother’s womb; it is the last that beats pn the deathbed. The ma terial heart is the image of the moral heart; and the heart is love—the power of loving. Man Is not a thought, a sentiment, but he ls love. This love is the source of all moral acts; for in every man you will find a good pr a bad love, the weight of which will de cide Ids after life. St. Augustine has said, “My love is my weight; where It bears me, thither I go.” I may recite to you a Ger man legend I have heard. It deals with a young man fn love. He ls sketching an ad mirable landscape. Behind him is tie fiend, In human semblance, watching his every movement. Satan finally, after watching him for awhile, cries to the youth : “ You arc In love.” “ How do you know that ?” replies the youth. “ I con sec it." The fiend was right. Love expressed itsolf by means the most foreign to It. In man it Is, as I have before said, at the root of every act—the heart is at the foundation of all. Let us, then, be men of heart; let us bear our hearts Into civil life, into social life, Into domestic life; let us lie men of heart in city and in State; let us love country, family, loyalty, probity; let us love the Church of Christ, but not as the church of any particular sect; let us respect the let ter, but not us an extinguisher—the letter kills, the spirit gives life. [Loud applause.] Let us, then, I repeat, start as men of heart. Your great poet, Longfellow, whose ac quaintance it was my great privilege to make a few days ago, lias written in one of his verses, and the force of which is but poorly rendered in French—lines which have been my motto through life: “Let ue, then, be up and doing, With a heart lor any fate ; Still achieving, still pursuing, * Lnrti to labor and to wait.” No'W, I would speak of the direction to be given to life and of the region It should tra verse. We have often heard of two roads opening before man, each diveging from the other. Humanity lias hesitated between the two for centuries. Shall Heaven or earth be chosen 1 Shall man give to his ex istence an Impulse that will separate him from the world that bears him and tear it j from all that the Creator has made its basis I —family affections, interest, sufferings, or j shall he cast away all idea of loving Heaven I and consecrate upon earth his faith, his j his hope, his love, Man, I say, hesitates j between the two roads, and the most rash rush 4b one or the other. Materialists say : that Heaven is nothing, and see but the j i earth, giving themselves to thatdust which forms our pianet, and to that troublous and fleeting hour—life. Mystical minds (and no one respects earnest minds more than 11 do,) false, mystical minds set aside all earth-! ly duties and enjoyments, change life Into , an aspiration toward Heaven, Instead of striving to merit that Heaven. They seek to scale their way Into Heaven In hot haste. I Now, iny experience has convinced me that i between these two roads there Is a third I opened for the greatest moral and religious progress man can make, ahd trodden by men who nan reconcile Heaven and earth, I i In- present life with a future existence, a I VOL. 28, NO. 52 task to be accomplished in these times as it was accomplished by Christ dying on the cross to reconcile the things of heaven to the things of earth. I open the Bible and I read in it that God made man out of dust and placed him In a beauteous garden, which by material aid he was to care for and cultivate. Then He led before him the animals (that Inferior race which is intend ed to supply slaves to man.) Man, then the work of God, was the king, the owner’ the manager of the universe. The part we have to act now is unchanged. We have to continue in these ages the work of Adam. Instead of a small part of Asia Minorj though, we have a whole planet. God has given us steam and electricity, and distance is annihilated. This globe, I say, fs our Eden, and by our labors on it we gain Heaven and earth. [Applause.] After the first man came family and society. Adam was alone, and God thought it not good that he should be, for He knew what Adam only felt he lacked. “ Let there by light,” God said, and light was made, and He be held it and said it was good; and He creat ed stars, animals and plants and"saw that all were very good. But when He made what He adjudged His master-piece, and that edifice was crowned by man, He per ceived His work was incomplete. So God made Adam a companion and saved him from egotism. Thus was the organization of the family perfected. In modern society celibacy exists tor the sake of God, bat this exception, if you make it a rule, is against God and against nature. Celibacy is cow ardice if it does not glorify marriage. The Apostles have said marriage is honorable, marriage Is spotless before God and man,— The great object m view is the reconoilia tion of Heaven and earth, and of the present life with the toture, and to secure union on earth. Union in the city, in the nation and in humanity was the thought of Jesns Christ, who first proclaimed that which the prophets but dimly saw and the Jews never did see. The centuries that wiji realize this great union of nations have be gun. The labor has commenced. Steam and electricity remove*] 1 obstacles. Ag«wsiz says the American continent was the first created ; it will be the last in the fulfilment of the designs of the Creator. A cosmopo litan land—cosmopolitan in the intentions of its founders, in the bloody struggle of its, defenders—God has in store for you who people it the accomplishment of adihirable results. Northward are the Esquimaux ; southward If Africa. You summon from walled China the unmoving people todwell amid the moving nation, the stationary to mingle with the progressive, all Impelled by the breath of yon, the greht humani tarian people. [Great applause.] The foundation of your people is the Bible, the Book that speaks of God, the living word of Jesus Christ. In an admirable manifesto from yonr President there shines though his words the Christian faith—a belief in Jesns is at the root of the nation. May JSSRS Christ protect yonr country and de unity and religious ana iflUTEnflf prugpenty.' And when I return I shall tell Europe that I have found here liberty associated with Christianity, and have been among a people who do not tMnk that to be free they must be parted from God. [Great applause.] Advance Copy of the President’s Mes sage. Gentlemen of the Senate and House of Rep resentatives : As the custodian of the White House and the Stables attached, and owner of the valuable horses in the latter, it becomes my duty to inform you that I visited Long Branch, drove over all the roads there, and danced the Landers with Olive Logan, and I hope I shall do it again. I rode over the Erie Railroad and didn’t get killed, and I hope I shall do It again. I visited Pennsylvania in the oil regions, fished ior trout out of. senson, and didn’t get fined, and I hope I shall visit It again nnd catch more trout. I visited Rhode Island and attended a clam-bake, which I should not have attend ed If I had not been there, aud I hope I shall go there again. I visited the White Mountains and saw many Yankee notions, which I shonld not have seen If I lmd not been there, and I hone to see them again. I visited Saratoga Springs and changed my drinks, which camo nearer to killing me than the ride on the Erie Railroad. I changed back my drinks and soon became . able to dance the Lancers, and I hope the change will continue. I visited Pennsylvania again and stopped at Lancaster, bnt I should not have stop ped, if the cars hod not have stopped for a little while. I have visited Bonner and Wilkes several times. I drove their horses, and I hope 1 shall drive them again. I visited the Maryland State Fair. They had flue horses and old rye, and I hope I shall attend It again. I have put all my relations and my wife’s'' relations in office. They have all made some money, and I hope they will make more money by it. I have received a great many presents si use I was elected President, and I hope I will he elected again. I don’t know much about the business of the country, but everybody I have appoint ed to office appears to have plenty of money, and I hope other people have plenty of it. I don’t know much about the gold busi ness, hut if any of yon wish to know, I will go and ask my wife about it. I don’t know what the people want, but they want something anil perhaps they will' make yon a present if you Grant it. ! Migratory Fish in South Carolina.— j With a view to the protection of the finny tribe against unmerciful fishermen, a bill has been Introduced into the South Caro : lina Legislature, which provides that there j shall be a close time in each of the inland streams of this State, from the setting of the sun of each Saturday until the rising oi the same on each Monday, during which ! time all seines, nets, weirs, or any plan or ! device tor the stoppage of or catching of i fish, which obstruct more than two-thirds , of the width of any stream, other than a dam tor manufacturing purposes, shall be i removed from the water; the owner, in i whole or part, °f any such obstruction, plan or Uevho, refusing or neglecting to re move It, shall he liable to a fine of twenty ' dollar* for each aud every offense, one-half I to go to the informer and the other half tor I the use of the county.
