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About Weekly constitutionalist. (Augusta, Ga.) 185?-1877 | View Entire Issue (July 12, 1871)
THE WEEKLY- CONSTITUTIONALIST WEDNESDAY MORNING, JULY 12, 1871 Fraud*. NO. V. “The punishment of all frauds shall be provided by law." This is also a mandate of the Constitution to the Legislature. The Legislature is evidently directed to make every act whereby one defrauds another penal— aU frauds are to be punished. But it is not Intended to throw away the doc trine as old as law and scourge with floe or imprisonment an act where no crimi nal intent concurs. Wheu fraud is turned by statute into crime, we need pay no at tention to those acts of constructive fraud for which compensation is often made the injured one out of the money or property of the doer, who is morally Innocent. All actual frauds, and those alone, are to be punished, It may appear, at first sight, that there must be prepared a perfect enumeration of actual frauds—just as every penal code essays a perfect enumeration of all the acts of guilt which it chastises. But a little reflection will teach us that this cannot be the intention of the clause. We must not stultify it by making it de mand the achievement of such an impossi bility. It is no more possible by the most laborious compilation of particulars to comprehend within a code definitions of all frauds than it is possible to set bounds to the ingenuity of man in the arts. New fraudulent acts would every day and hour be knocking for admission faster and more plentifully than new words crowd upon the author of a dictionary after each edition, though it was supposed by him never so perfect. Fraud is subtle and crafty in its nature, while crime, for the most part, is violent, and bold, and open— at least in its effect. The fraudulent act, when first discovered, looks like a legal act; but a crime disclosed, though the of fender be hidden, looks from the first but as a crime. And the acts of crime are tan gible and apparent in their true character —crime differs in this respect from fraud, just as the objects of surgery are more dis cernible than the objects of medicine. All civilized nations have criminal codes al most complete, and while fraud has been a subject of just as much investigation, there has never yet been accomplished any clas sification save divisions of its instances the most general. Adams’ analysis: 1. Procur ing contracts to be made or acts to be done by means of wilfnl misrepresentation 2. Procuring the same from persons under incapacity is about as exhaustive as the na ture of the subject will permit; but in it there is no mention of the kinds of acts, as in crime we distinguish assault with intent to murder from battery. Even in crime, where from the unsure we can enumerate so much more particularly, we must often generalize omissions to make the work complete—as our code, in the famous sec tion 4268, leaves to the discretion of courts and juries to determine what instances of homicide, standiag on the same footing of reason and justice as those enumerated, shall be justifiable. The division including offenses against the public justice was not complete till section 4436 made all other such offenses, not mentioned therein, mis demeanors ; and so too in the matter of of fenses against the public peace (sec. 4455). If this generality is sometimes necessary in a subject so fall of distinctions and strik ing features by nature, much more will we need it where there can be scarcely any thing but mere verbal discrimination, for with all of the labors of the great Equity authors to help there conld be noth ing like the exhaustive completeness of the code of 1833 in some of its divi sions ; as, for instance, the compila tion of offenses relative to property—in any enumeration we might make of frands Our statute book confirms this assertion most forcibly. A part of division eleven (11) is aimed at offenses by cheats and swindlers, every one of them being frauds in their nature. After mentioning obtain ing credit by misrepresentation, cheating at play, bakers Selling under the assize, the use of false weights, forestalling, &c., coun terfeiting brands, mixing worthless matter with produce for sale, and false persona tion, the framers, as if conscious that the whole of this intricate subject can never be grasped by an innumerable multiplicity of particulars, paused in their codifying and enacted in the most general and all-embrac ing clause of their labors, (section 4507) that “Any person using any deceitful means or artful practice (other than those which are mentioned and provided against in this Code) by which individuals or an individual, or the public, are or is defraud ed and cheated,” shallbe deemed a common cheat and swindler. Had they still more generally provided that any person com mitting any fraud of any kind should be guilty of 'crime, they would have antici pated the clause of the new constitntlon. This clause does not demand an impos sibility to be done. A general enactment making all actual frauds misdemeanors, excepting those gra ver acts which have been or may hereafter be made felonies, would enforce the clause and be better for society needing amid the destruction of many of the old remedies, the device of some new protection than any attempt to codify ail fraudulent acts which would always come short of its ambitious purpose, though well studied, bulky and gigantic. This particularity would miscarry, as the gamblers always defeated the new statutes by the Invention of other games not forbidden. Blackstone (4 Corns. 173) says with force: “ But parti cular enumerations will ever be lame and deficient unless all games of mere chance are at once prohibited ; the inventions of sharpers being swifter than the punishment of the law, which only hunts them from one device to another.” Let us not likewise only hunt wrong-doers from one fraud enumerated into many more not enumerated. Such an enactment, though so general, can be enforced. Oar law, for instance, defines murder as a malicious and unlaw ful killing. Under that anv of the many unlawful killings oyknives, firearms, clubs, poisons, &3., can be punished. Fraud is likewise defined in our Code. Leave any particular act in question to 'he j:i r y under the instructions of the court. The Judge will have ages of hoary law to guide him. What will make it more difficult for the jury to investigate fraud on the criminal than on the civil side ? They have sat npon such questions for centuries, with nothing to help them but a definition as general as the law defines a reasonable doubt. They mtfst often find, too, under the instruction of the Judge, what is a reasonable time. Our Code says that there is no measure of exemplary damages “ex cept the enlightened conscience of impar tial jurors.” The proper measure In any given case would be much more aifllcnlt satisfactorily to find than to ascertain if the conduct of someone under examina tion i» fraudulent or not. When the defendant Is charged even on the civil side with fraud, specific acts mu»t be ulleged, Mi when Indicted he would not he put upon hla trial *n u gene a I charge. Buy that the criminal act complained of was Unmaking of a fraudulent conveyaw*. Hl* neighbor, It may be, haa loaned him money and when he has come to collect he finds his debtor has conveyed his entire property to his son. The lender choses to prosecute. There would seem to be little embarrassment for the jury. They would consider all the circumstances—-the rela tionship, inducement, means of the son, and everything else offered in evidence by the State and the defense, and they would soon satisfy themselves either that a fraud had been committed or not. There would be in the indictment sufficient particularity to advise the defendant of his true defense. And so in all other cases—the pleadings of the State would make the case sufficiently plain and intelligible for court, jury and parties. Possibly it would be well to enumerate some of the common instances of fraud, such as deceit as to defects and misrepre sentation of value of property offered for sale, adulterations of liquors And commer cial manures, conveyances to defeat credi tors made hereafter, dishonest concealment in homestead and exemption proceedings. The clause was probably intended to hold the check of prosecutions over the many who might be tempted to shelter from civil liability for frauds behind large homesteads and exemptions, and for those, too, who can pocket effects that ought in justice to be surrendered, since imprisonment for debt has been abolished. At any rate, society is entitled to" the ex periment of enforcing the clause as I have suggested. If the enforcement works harm, which I cannot believe, we can repeal that clause of the constitution. It is to be hoped that we can, in a year or two, find it prudent as well as pleasant to alter some of that document to our mind. To effectuate fully the main intention of the clause, which I take to be a substitu tion of criminal prosecutions for ineffica cious civil remedies, it would be well to allow liberally to the prosecutor and de fendant the privilege of compounding, and it would be well, too, to adopt a hint from the law of larceny after trust, and make, in cases of credit or property acquired fraudulently, the crime only complete after demand of the injured party for satisfac tion is refused. Aldus. Letter from Woodlawn, S. C.--*Post Office Re-established—Crop Pros pects. Woodlawn, 8. 0., July 5th,T871. Editors Constitutionalist: Dear Sms: With mingled feelings of gratitude and unmentionable sentiments that have been so thoroughly and so con stantly stirred in the Southern breast for lo these six years of painful reconstruction, I announce to yon the pleasing fact of the reopening of the post office at this place, by the best, most liberal and most imparti al Government the sun has ever shone upon. We thank our uncle for even this slight token of his returning love; that he no longer regards us with averted look, but actually turns to smile upon ns again, ever so faintly, yet a smile. We make this announcement to you be cause we wish to request that our pack age of we klies be mailed as in the days of our Confederacy, when paper was yel low and news fiery, when we dared kick up our heels at our relative and used “ slack jaw.” Bat the spanking and the mails have made us happy. Crop prospects are rather gloomy. Corn, though planted more extensively than last year is decidedly unpromising. The sea sons have been nnpropitions—too much wet in the spring drowned low lands, or gave possession to grass, while uplands, not escaping the grass, are now beginning to “ fire.” Cotton has suff-red, and in many places still suffers, from the presence of grass and wet, both appearing while the plant was scarcely maintaining an existence through the late cold spell. Having had no rains for a week past, cotton is beginning to as sume a healthier hue, though corn exhibits a corresponding decline. Yours, Mac. Special Correspondence of the New York Tribune Georgia Finances. Their Mlsmanacemcnt-The Credit of tbe State Pledged to Support Rail roads—Causes of the Evil*. Atlanta, Ga., June 10. The finances of this State are not in as bad a condition of those of South Carolina, but there have been extravagance and dis honesty enough on the part of the Legisla ture, and certain State officials to create much indignation among the people, and to seriously damage the Republican party, which is charged with all the sins of the few bad men who professed its faith in the days of reconstraction, in order that they might get into office. The tax payers are not as excited, however, as they are In South Carolina, and the reason is that there has been no increase in the rate of taxation, and the valnation of property is made on oath by the owner himself, instead of being fixed by the assessors.— Tbe burdens imposed on the tax payers are not, therefore, at once increased, the money which is said to have been squan dered having been obtained by increas ing the State debt, and by spending the earnings of a railroad belonging to the State. This railroad rang from Atlanta to Chattanooga. No body appears to know to what amount the State debt has been in creased since the reconstructed govern ment got control. Nobody can know but the Governor, who has been given by a Legislature the surprising latitude of dis cretion in the matter of issuing bonds, which he seems to print and sell or hypoth ecate in quantities to salt his judgment or convenience. The Comptroller Genera) says he lias no record to show the number of new bonds issued, and the Treasurer says his office is totally in the dark about the amount of the debt, and that the Gov ernor gives him no information on the sub ject. Governor Bullock says that when the financial operations he is now conduct ing are completed, he thinks the augmen tation of the deb' since he went into office will not exceed two millions, though why it should have been increased at all is not easy to understand. These financial operations now in pro gress are those about which there is most complaint. The Legislature of last year was in session long enough to rmpty the treasury, devour the school fund and con tract. additional exjienses to the amount of about |200,000, which there was no money to pay. To raise money to meet these un paid bills tbe Governor was authorized to issue bonds, “to a sufficient amount," in the language of the law. Gov. Bullock, under this authorization, has had bonds printed to tbe amount of $2,000,000. Tbe Treasurer refused to sign the coupons, and his signature was engraved a d printed on them. He threatened a prosecution for forgery, and the bonds thus printed were returned to him and replaced by others, w tit the name of the Comptroller General substituted for that of ths Treasurer. The (tame Legislature authorized the i Issue of 7 per cent, gold bonds sufficient to 1 redeem Km old debt of tbs State a* u. | should fail due; and, uieh r this act, It Is i charged that $4 000,000 of bond* havn bee' j (•sued, although the old bonda now due | sod ndeemao'u amount to ouly tbou' 1 $350,000. The public have no knowledge • of the amount of the obligations that have been issued, or to what uses the money realized has been put, and this gives rise to numerous rumors of the employment of the funds for speculative purposes. There is no question about the misuse of the rev enues derived from the State Railroad.— Iu 1869 this road brought to the State Treasury the sum of $300,000. At the be ginning of 1870 the Governor, who is ex officio President of the road, appointed his friend, Foster Blodgett, Superintendent, who paid $25,000 into the Treasury during tbe first month of his management, and $20,000 the second, but afterward ceased to pay anything. At the end of the year it was found that not ooly had all the earn ings of the road been spent, but that a debt of $700,000 had been contracted, which the State had to pay. Fortunately for the tax payers of Georgia, this system of railroad management is not still going on. The road was leased in January to a company of Northern capitalists, who pay the State $25,000 per month for its use. -Iu the profligate legislation of the last session of the General Assembly, the nu merous bills granting State aid to unim portant local railroads are particularly rep rehensible. The endorsement of the State was pledged to the bonds of thirty-two railroads, covering a distance of over 2,000 miles, and amounting to about $30,000,000. Most of these roads are of no importance, and are to connect obscure villages which do not afford travel enough to support a stige line. Only a small amount of this immense obligation proposed to be incur red will, however, be saddled upon the State; for before anv commencement can bo made in building most of the roads, the next Legislature will no doubt repeal the laws granting them aid. One road, the Brunswick.and Albany, has been entirely constructed with funds raised by pledging the State credit. It was first given an en dorsement of its own bonds by the State to the amount of $15,000 per mile, and last fall it received SB,OOO more per mile in State bonds, making $23,000 a mile. The road runs across a perfectly level country, and its entire cost is said to be less than $12,000 a mile. The men who are building this road are. as might be supposed, very poten tial with the Legislature and the powers that control the State government. [From the Scotsman, Jane 19. The Pageant. Detail* of the Triumphal Entry of the German Armies and their Renown ed Leaders into Herlln—The Men Who make History in Line—How they Looked—most Significant Scene of modern Times. APPROACH OP THE ARMY. Precisely at 1 o’clock, as the wise ones had foretold, we hear the cheering which announces the approach of the troops. The troops were to assemble on tbe Temple Hoff Field from 9 to 11, and then parade before the Emperor. They were then to march through La Belle Alliance Strasse, the Koeniggratz, the Branderburger Thor, and the Linden to the Lustgarteu, where the ceremony of unveiling the statue of Frederick Wilhelm 111 was to be perform ed. According to the official programme, the march was to take place in the follow ing order: First of all. Field Marshal Yon Wrangle, attended by a host of officers, the names of whom are too numerous forme to give iu detail. Among the celebrities fol lowing Vou Wrangle were Gen. Yon Blu menthal, Lieut. Gen. von Stosch, Lieut. Gen. von Stiehlc, Field Marshal Gen. Her wath vou Bittouffeld, Gen. Vogel von Falkenstein, Gen. von Bonin, Lleuv Gen. von Rosenberg, and Gen.' von Fabrlce; Prince Bismarck, Count von Moltke and Gen. von Roon; his Majesty Kaiser William, the Crown Prince of Prus sia, Prince Frederick Charles, aud the Crown Prince of Saxony. The troops to march in the following order: Infantry, the Cardc Corps, Commander Prince Augustus of Wurtemburg; First Division of Infantry Guards, Lient. Gen. von Pape; First Bri gade of Infantry Guards, Maj. Gen. ron Kessil; Second Brigade Infantry Guards, Maj. Gen. von Medeem; Second Division Infantry Guards, Gen. von Budrltzkl; Third Brigade Infantry Guards, Maj. Gen. vou Knappstandt; Fourth Brigade Infant ry Guards, Maj. Gen. Von Berger. Cavalry —Commander, Lieut. Gen. Count von Der eoltz; First Brigade Cavalry Guards (cui rassiers), Gen. Maj. Count von Bradcnburg I; Second Brigade Cavalry Guards (Uh lans), Commander Prince of Hohenlhoe'ln gensllgen; Third Brigade Cavalry Guards (Dragoons), Maj. Gen. Count von Bradcn burg 11; the Artillery. Then followed a division representing fourteen army corps, after which the field post, the ambulance corps and the landwehr. At 1 o'clock the approach of the troops was made known by the loud cheering com ing from the arch at the end of the Linden. The bands struck up “Die Watch am Rhein," and surronnded by a brilliant staff rode Field Marshal General von Wrangel. After him came a motley crew of officers— Dragoons, Guards, Cuirassiers, Uhlans and Hussars—git were represented. There was every rsrlety of nniform from that of the Guards to the spotleea white of Biemsrck’s Cuirassiers. THE emperor’s greeting. Now the roar of cheering grows more vehement than ever. Evidently somebody of interest is approaching. Hats are taken off and waved in the air as the two first geniuses in the world, military and politi cal ride past. Bismarck is on the right hand, Moltke on the left. Imperturbable and passive are both of their faces, betray ing not a whit of pleasure or emotion at the receptiou accorded them. Probably they think it is all a bore, this pomp anrl circumstance, and with the niodestv of true merit; would rather hide their lights under a bushel than have them thus bla- ! zoned forth to the world. Here comes one though to whom the frantic enthusiasm is 1 evidently gratifying. A perfect thunder of “hocks” greets Kaiser Wilhelm I, as he stops his horse just in front of the hotel, at one of whose windows I am stationed, and touches his cap repeatedly in acknowledg ment of the acclamations of his subjects.— How glad he is to see them his face shows, and how glad they are to see him their voices tell. So, with his kindly face beam ing with smiles, he rides on. After him is the Crown Prince of Prussia, Prince Fred erick Charles, and the Crown Prince of Saxony. The people cheer as if they would never lire. They have been shouting them selves hoarse for the last half hour, and they will go on for two hoars yet. The great fight of the d>y was produced now, and it was one in which all good Germans would take deep delight. At the head of the first brigade of guards were carried the EIOIJTV-ONE FRENCH EAGLES AND FLAGS captured during the last campaign. Not withstanding Its captivity the eagle looked still defiant aim p ourt—defeated, but not conquered. Home of the standards hod evi dently seen hard service, and experienced rough usage, shot holes through some, others In ribbons. All had some rnelan cliolv tale to tell, with silent eloquence, o! the disasters through which they had been borne, After the flag* come the Guard* Tin y are covered with laurel and fir, am other emblematic syrnbola of conquest They bear wreaths id bay leaves round their spiked helmets, and suspended from their needle-gnns. The Berlluers cheer them, and they-cheer back in return. With their guns at the slope, and bayonets fixed they march past at a quick, fight step! Looking towards the area at the shiDing rows of steej, and the glistening of the spikes on the helmets, it seems that they will never end. However, they are in torn succeeded by the Second Brigade. Then another, and fourth; and after them come the Landwehr Jagers, with theircan tiniere, who SKfct - general cheer all for herself. A stout body of men are these Jagers; aud that they have worked well and valiantly their colors wifi testify. The Prussian eagle they carry is torn Into strips; but still the shreds of It are waving gallantly in what slight breeze there is. After them come more sniked helmets. The lines pour on seemingly never to cease, but at last a bodv of soldiers without arms, but wearing the red cross of the ambulance, bring np the rear, and then the of the hussars is heard. It is 2 o clock when the Hussars begin to pass, and till three there is a continuous stream of cavalry and artillery. The hus sars, like the Jagers, possess a luxury in the way of a cantiniere, and so docs the artillery. The Uhlans attract special no tice. They are distinguished at once by their black and white pennons, and by the Lancer cap, tho_harness of the horses, and the horsemanship of the riders. The Uhlans are an especial object of adoration to the Berliners, the bands playing wildly in their honor. The artillery divides the honor with the U&,l»nsr Suffice it to say that everybody Was cheered to the echo ; with out going iuto the particulars oi the recep tion accorded to each regiment. Now there canter past brigades of light blue Hussars ; then comes the regiment of Cuir assiers of Prince Bismarck. Fine fellows these Cuirassiers are—six feet high, and more, every man of them—and the sight is brave Indeed as they gallop past, brandish ing aloft their drawn swords, and making the air ring again with their shonts. The dress of these. Cnirassieurs is a noticeable thing of itself, and conduces as much as the size of the men to the splendid appear ance of the regiment, They are clad in white, with boots reaching high above the knee, white gauutlcted gloves, a shining brass cuirass, ditto spiked helmet, and a long cavalry sword at the side complete the turnout of * Cuirassier. THE FBOTrVTTIES AT BERLIN. Sunday, Juue 18, was kept as a day of solemn thanksgiving to the Almighty God for the German victories. The Emperor attended divine service at which Dr. Hoft man preached. A “Te Deum” was sung on the occasion. On Saturday a court din ner was given at the royal palace, the guests numbering about 700. The Emperor made the following speech: “ The day of commemoration and honor which was to hand to posterity a memorial of my royal father, who led his people and army to imperishable renown and hitherto unknown prosperity, was intended to be passed amid the most profound peace.— Providence, however, willed it otherwise. For a second time Prussia has been called upon, formerly with her allies and now in conjunction with the whole of Germany, to conquer, by victory after victory, unpar alleled in magnitude and continuousness, the same enemy who had challenged her. It is for this reason that the cross in iron once more decorates the breasts of our valorous soldiers. At home all classes of the population of both sexes emulated one another-in joyful self sacrifice and neigh borly love. The people and the army of Germany stan.lteout unsurpassed In the eyes of the world. I therefore now raise my glaas in memory of the hero kind and In gratitude to my people.” The Emperor shortly after again stood up and said: “ I propose a toast of thankful ness to now united Germany, to its raon archs and princes present and absent.” After dinner there was a state perform ance in the Opera House, to which none’ were admitted except by special Invitation. The pit was exclusively filled with high military officers, all bearing their arms. The civil departments, the foreign deputa tions, and the diplomatic corps, occupied the proscenium. Nearly everybody wore court costume, and, excepting the Ameri can Minister, there was scarcely one in the theatre in plain evening dress. There was a profusion of scarfs, medals, and gold em broidery. Some were dressed in the old fashioned scarlet costumes of the provincial diets; some in showy naval uniforms, and some in showy naval uniforms, and some iu the splendid robes of the Johan niter Ritter, looking for ail the world like English field marshals. The front tow of the first tier was exclusively occupied by ladies; on the second tier were the Maids of Honor. At 8 o’clock the Emperor and Empress, with their suite, entered In state, and all then rose in perfect silence. In return the Emperor and Empress bowel thrice formally, The Crown Princess was charmingly dressed la pale gray, and wore a tiara of diamond* She looked to be in splendid health and apirlts, and was seated on the right of the Emperor. Next to her was tbe Duchess of Baden, the Dowager Ducheaa of Mecklenburg, and tbe Princess of Ah xandrie; while on the left of the Emperor were the Empress, the Crown Princess of Saxony, the Princess Frederic Charles and the Duchess of Wei mar. Immediately behind the Emperor sat tbe Crown Prince, and the box was filled with several ether princes, who are the guests of their Imperial Majesties. Alto gether, the spectacle was one of the most brilliant I ever beheld. The prologue was spoken by Fravleln Erhardt. It was a mere panegyric of Frederic William 111, and at its end a picture of the monument • was displayed. At sight of this the Em peror and all the house rose. Then follow jed an allegorical piece. “Heimkehr” is j its name, Rodenburg is the author, and the : music is by Eckert. After a long interval, during which the Emperor left 'he house, j fin historical monologue was given, nar ‘ rating the legend of Barbarossa, and iilus | trated by tableaux vivants. When, at its end, there appeared an image of the Empe ror on horseback, the house became greatlv excited. Every one began to cry “ Hock !” the officers took off their helmets and , waved them over and over again. The cn ; tliusiasm wu< great, and it was notable as the only mark of applause given during the : evening. The Emperor bowed and then I retired. All night long the streets were ■ noisy with the shoutsof military caroasers. A lady advertises Iu the London 7 imti tor “an accomplished poodle nurse. Wages £1 per week. The Outrage Committee has appointed a sub-committee to visit North aud South Carolina. The transferor the Capital oi Italy from Florence to Rome has been postponed to October Ist. The Democrats of Maine decided that they must address themselves to'he vital! questions of the hour. A large number of Mbtnt«s«K ore In Wash ington to testify before the Hon them Out rage Commit*' A fir> on Saturday morning destroyed eighteen houses oud stores In the central part of tbe town of lltrrla, Ontario. I (From Horton, Si 'lighter 4: Co.’s Circular. Cotton. New York, July 1,1871. The market has experienced a sharp and decided advance In prices since our last mouthly review, and although during the past week it has fluctated widely, it is yet several points higher than Liverpool, and about 2 cents higher than at the beginning of last mouth. See our appended quota tions. The market ot late has exhibited the strange anomaly cf increased stocks, small demand, and hardening prices. This condition will be understood 11 we consider that speculators have manipulated the market for the past two months, and the bulls, having the upper hand nearly all the time, have kept up the prices on the pre tenses of “ half crop” es’lmates aud nearly exhausted stocks In the country. How long this can be continued depends so en tirely upon the short interest and reports concerning the growing crop, that It Is useless to venture any opinion. In our last circular we suggested the question as to the probabilities of tnaintalning the then current quotations, and expressed our fears that they could not be long maintained, giving our reasons for these fears, which were then pertinent, and are so still; but, at the same time, we expressed the opinion, that so long as speculators governed the market all calculations as to future prices were useless. And although prices have since been fully Scents above what they were at that date, and are yet considerably high er, we are still prepared to witness erratic fluctuations until onv market tames down to a parity with Liverpool. That the gloomy crop prospects a month and more ago had much to do with the advance in prices, there is no doubt, and that the late softening condition of the market was the result of more favorable reports in this re spect is equally true. Early last month wo addressed special letters of Inquiry to many intelligent and reliable correspondents all over the South, asking them for compara tive prospects of this year and last at the same date. We have received full and vo luminous reports from nearly all of them, and while in some sections of Alabama and Georgia the prospects were then rather gloomy, yet the general tenor of the whole confirms a decided improvement *„ () lc prospects since the early y^ r t 0 f the month, and especially uarlng thf* past two weeks, and Intimates that, with a favorable season and a late autumn, a fair average crop may be the result. At the same time it is con ceded by nearly all that a slightly decreas ed area of land has been devoted to cotton this year than last. We may be asked what we consider an “ average crop ?” We. answer, an average crop of the lust three years —say about three and a quarter millions of bales. But, as we have often remarked un der this head, it Is yet entirely too early In the season to form or offer any estimate of the crop, so much depending on tho casual ties and accidents of the late siimmei and early fall months, say July, August nud September. The shipments of cotton at present from all the Southern markets are chiefly direct ed to New York, this being the main cen tre for spinners' orders during the re mainder of the season ; and with no export demand, we may reasonably expect the stocks here to run up to 80,000 bales by the Ist of August; and unless the spinning de mand shall largely Increase it Is more pro bable that prices daring August, as factors and shippers are usually anxious to close their scasou’s operations by the Ist of Sep tember. Disaster to the crop and Increased speculation may, however, produce an en tirely different result, and we waive all pre dictions. The business of ihe past month has been large for tills period of the year, both In spots and futures—sales of the former being more than double those ot the same month last year, while in the latter the transac tions have been more than quadrupled. This shows the Increasing popularity of this branch of speculation. The Pres! dent of the New York Cotton Exchange, In his first annual report to the members, re marks on this subject; “Bales of con tracts for future delivery, reported officially, from the 10th ot September, 1870, to the 28th of May, 1871, were 1,087,425 bales, aud It is believed that not more than two thirds of the actual sales have been offi cially reported.” He also adds: “Tills feature of the business, being comparatively new, must be regarded as on trial; and wbila a strong prejudice against It exists In the minds of many, it la greatly Increas ing and gaining In favor.” That this spe cies of speculation has become so decidedly popular Is patent from the large sales monthly made, and being, as we have here tofore remarked, attended with so little expense and so readily realized on, and managed with so small a capital, It well deserves its popularity. fProra the CommereUl Chronicle. Crop Prospects. The distinguishing characteristics and features of the season afford ns some Indi cation of the chaneea of the crop. First—We mast remember that at least 10 per cent, less land than last year has been planted this yeir. This point must now be admitted to be beyond question Oar returns, made np and published about, fonr weeks previous to the report of the Agri cultural Department, showed this to be a fact. Since then we have had the Agricul tural Department report, made up front their own returns, reaching precisely the same result.' Second—Last year the season was almost perfect throughout, so that the land plant ed yielded Its maximum crop. Efforts have been made to show some correspondence between the storms of this year and last year. Such a comparison Indicates not one point of resemblance. For ten duys or two weeks in June, 1870, there were storms of more or less severity, extending over a con • slderable section of the South, which for a time caused some anxiety; but they were preceded almost everywhere by a drought, and hence proved to be really needed, and followed also by extremely warm dry weather—the best possible conditions for cotton. This year rain has been frequent and continued, from early spring up to the present time, over a large portion of the South, attended also with very cold weath er. until within three weeks. The New Orleans Picayune, of the 18th Inst., gives a * good illustration of the and fference of the rain fall of the two seasons, when It says “the rain fall at New Orleans during the last four weeks has been 11.368 Inches ; there have been only nine fair days dur ing that time. For the corresponding four weeks of last year the rain fall was 3 385 Inefer, i ml there were seventeen fair days.” The result pf oar Inquiries Is that a por tion of Louisiana, the lower half of Missis sippi and Alabama, a very large portion of Georgia, to a less extent South Carolina, with parts of Tennessee and Arkansas, have suffered Irrep Table Injury from rain. We do not mean that the crop is ruined— far from It ; but simply that It has been i lessened. The Injury thus far done lies I mainly In the overflow of rich river mi l | creek hot tom lands, drowning out a poi lion | if the young cotton, causing a part to turn yellow and die, slid leaving the remainder overrun with grass. On the high red Unda the plant Is In a much better eon lltlon than In lha low landa, and with tha e»e«p. lion ol grass, Is doing wall. Jn conae quence of the rapid growth of grass it has In many Instances been found necessary to clean the same field several times, and some planters have therefore given up a portion of their crop. All cotton is small, being in the Atlantic States about three weeks behind last year. In Tennessee, Arkansas, Northern Alabama and Northern Missis sippi the weather has been more Javorable since the first week of Jane, and hence the condition of the fields In that district is much more satisfactory. Third—Any one who is acquainted with the nature and habits of the cotton plant knows that it is a dry weather plant, and that wet weather produces or intensifies every evil It is heir to, and herein lies the chief anxiety at the present time. There never Is a season when the cotton worm cannot be found in the fields, but they never increase so as to become a pest dur ing dry seasons. Continued warm rains, however, are almost sure to result In their rapid multiplication. They feed aud thrive on the fresh new growth which such wea ther produces. Then, again, the mildew and the shedding of squares Is sure to follow the continuance of rains. Fourth—With these facts as to the past and the possibilities as to the future before us, we see: 1. That the crop must in any event necessarily be considerably less than the pre-ent crop. 2. But still the extent of the decrease will depend very largely upon the surroundings during the month of July. Old planters used to say July made the crop. This year, although it cannot put cotton where it was not planted or where it has been choked or flrowned out. it can still, with a late autumu, give ns a yield larger than the most sanguine planter would dare to hope for now. Weather re ports will therefore be watched with in creasing interest during the coming month. STOCK OF COTTON IN NEW YORK. Mr. Charles A. Easton, the Chairman of the Committee of the Cotton Exchange on Statistics, announces that the stock of cotton in New York to-day is 53,660 bales, made up as follows ; In warehouse. 51,499 ; on shipboard, (not cleared), 850 bales; on wharves, 1,216 bales; in Jersey City, 95. bales. Tuft Second Annuai, E*Ht BmoN OFTH g Cotton Stateh M. & a. Fair Associa tion.—Tlife Second exhibition opens Octo ber 31st, and continues five days. The various departments have been re-arranged for this year, and the following is the synopsis thereof as taken from the advance sheets of the programme: Dept. A, Field Crops—John U. Meyer, Superintendent. Dept. B, Needle Work, Embroidery, &c J. M. Clark, Superintendent. Dept. C, Dairy, Household, &c,—A. R. Wright, Superintendent. Dept. D, Manufactures other than Do mestic—W. H. Warren, Superintendent. Dept. E, Farming Implements—T. H. Nelson, Superintendents. Dept. F, Machinery—W. 11. Goodrich and E. 11. Rogers, Superintendent. Dept. G, Chemicals, Jewelry, Musical In struments— P. Walsh, Superintendent. Dept. H, Horticulture and Wine—P. J. Berckmans, Superintendent. Dept. I,' Domestic, Animals, except Horses—W. Pendleton, Superintendent. Dept, K, Horses—T. P. Stovall, Superin tendent. Dept. M, Plowing and Miscellaneous— W. S. Roberts, Superintendent. The Special Premiums offered by parties outside the Association, and subject to the decisions of Its committees, are as follows: Dept. A, Field Wilcox, Gibbs & Cos. premium, sl,ooocurrency. The Dickson Fertilizer Cos. premium, SI,OOO currency. The Pollard & Cos. premium, $450 cur rency. The J. O. Matbewson premium, SSOO currency. In Department D. The Bartow, Alexander & Walker pre mium, tor best double barrel shot gun, SIOO In gold. Department M. Premium offered by W. F. Herring for plain connty school bouse, SSO, currency. By G. W. Conway—For best lady rider: saddle and bridle, value, SOS. For best gentleman rider: saddle and bridle, value, SBS. The official list will be ready for distri bution in a few days, and in the meantime, full Information can be obtained by appli cation to the Secretary. The value of the premiums to be distributed by the Associa tion will amount to abont sls,ooo,and will consist ol money, gold and stiver medals and silver p'ate. Sweet Corn for Winter Use.— Take tb« corn when it Is fit for boiling, when quite milky It is best; cat the corn from the cob—la doing so cat the kernels In two —put It on clean tins, set It jn the snn to dry, or pnt it In a brick oven and let it stand till morning, then expose to the snn a few days, when it will be dry enough to put In clolh bags; then expose to the sun until dry enough to put up for winter. To use the same, put one teacupful of corn to two of warm water, let it sytnd twenty four hours, boll In fair water, and as little as possible without burning, for two hours; when nearly done, add a little butter, salt and pepper, and two teaspoousful of white sugßr. I have tried this the last two years, and find it retains a fresh, sweet taste, better than any other receipt 1 have ever known. Went for Him —A rough-looking speci men of humanity was recently promenading up Chatham street, New York, when he cam; plumply upon a Jew, a specimen of h;s race, abont whom there could be no mistake. Without a word of warning ihe rough Knocked him sprawling liito the gutter—. Picking himself up, and taking his bleeding nose between his finger and thumb, he de rnaded an explanation. "Hhutu.i; I'll boat yot, agin." shouted the aggressor, approaching him again. “ I never done uotlnga mlt von, and what for you mat h me Inde noa»-r naked Abra ham " Yea yer hev ; yer Jews crucified Jesus t/hrlst, and I have a mind to go for you agin I” “ Hut mine colt, dal vath clgbtwu hun dred ycara ago," said tha Jaw. " Wall, 1 don’t ear* If It was, I only heard of It last night," roplM the ■nweebed: and he went for him again.
