Newspaper Page Text
THE CUTHEERT APPEAL
rcnr.'SHßß evert Thursday morning bt
SAWTELL & JONES.
H. H. JONES, Editor.
THURSDAY, FEBRUARY 10, 1870
The new man of the New Era f
has at least the merit of being an out
and out Radical.
Well, we have no fancy for the “nei
ther hot nor cold,” policy of some Jour
nals.
Give us a fair showing of hands, on
all questions.
Bard having made his-long threaten
ed exit in the rear, we suppose that ap
erture in the New Era is henceforth
closed.
By the way., the Macon Telegraph
andMessenger is so unkind as to bint that
"Bard now gazetted as a Bashaw with
three tails, for the principality of Idaho,
could not find his way there without a
guide.
All hail your excellency. (Mr. Bard.)
How we apples ewim.
Gov- Bullock’s Message.
This remarkable paper, as it is very
lengthy, and has been going the rounds
of the press for five or six days, w«e shall
not inflict upon the leaders of tire Ap-
P h A L,
We are free to confess that it exhil*
its far greater ability than we gave tiie
author credit for, while at ihe same time
facts are misstated, or distorted, conclu
sions arrived at not warranted by the
Acts of Congress, and a subtle jesuistical
vein pervades the entire document.
The whole affair is a Bullock missive,
designed to subserve the private ambi
tion and aims of that individual. Thus
be in ikes a false return of the vote for
\■ lifted States Senators last year, and
assumes, despite the evidence we have
to the contrary from Grant and the Cab
inet, that another election must be held.
Nay, he even ventures to set aside a
special day for that purpose.
In conclusion, he even has the cheek
to challenge an investigation of his An
gi -r embroglio, being ftrlly convinced a«
the issue proved., that his partisans in
the General Assembly would not im
peril their chief by any such ecluircisse*
inent.
The 'fact is now patent that our wily
governor has been too much for Terry
having won him over to his own way ot
thinking in every instance, despite the
previously expressed opinion of that of
ficial.
For weeks past, has he assumed the
power of adjourning the Legislature
from day to day, to allow time for the
maturity of his own plans, which consis
ted simply in a firm determination to se
cure a radical majority at all costs.
That having been accomplished by
the purging process, he orders a recess
until the 14th inst., and procoeds to
lYswfringtoiv if) and oimfirm
all that has been done.
The next three months we suppose
will be devoted by our mongrel Legis
i-dature, to clinching and rivetting the
radical chains, which have been forged
for the freemen of Georgia.
Wo shall see how they will abide the
test of another general election.
f(» flowing precious morcean,
is from that “influential Democratic
.1 »tirnal in Georgia,” which bears the
same relation to the Democracy, that
Joseph Surface does to the moral world
The latter was a counterfeit and by .
oorito in the basest meaning of those
terms. The form r by his wholesale
Slander of the people of Georgia, well
nigh places itself in the same category.
The people of Georgia iu favor of
Bullock and hi* thieving crowd ?
Better bo nffl otod with meningitis,
small pox, black vomit or anything else
under the sun.
if punished we must be, as a people,
for our many transgressions, let us like
David of old, crave to fall into the hands
of the Lord, in preference to such a
late as Bullock and bis minions would
inflict.
God is kind and forgiving - , but man’s
tender mercies are cruel.
The course pursued by the Atlanta
Intelligencer, and one other Democratic
paper in Georgia, should make them
lose caste even in the sinks and purlieus
of radicalism.
‘t hey deserve to be lashed with scor
t>i >n thongs, by the true women of the
country :
Atlanta, Feb. s.—The oldest and
m.rat influential Democratic journal in
Georgia, always opposing the recon
struction policy of Congress, comes, out
to-day in a bitter protest against the
pelf.constituted delegation to Washing
ton, headed by Bryant. Without any
authority from the people, they seek to
blir up strife, and keep Georgia out of
tht Union ; to have reconstruction done
over, and entail on the people the enor
mous expense of going through what
pue bus gone through for the third tune,
in earnest efforts of the people to com
ply with the demands of Congress ; that
every interest of the btutu demands
that reconstruction be considered by
Congress as perfected in Georgia, and
li.ut a stop be put to the schemes of the
Bryant Democracy so-called 5 that the
great mass of the people receive the re
e-nt acts us u final settlement of the re
construction issue, and the gieat body
oi the Democrats do not sustain Bry
iint unci committee in their etioits to
overthrow what has been done.
Look Out voR Them— We are in
formed that there are quite a number
of German laborers traveling m South'
western Georgia, seeking employment
After obtaining a situation they will
remain but a little while and then leave.
Their object is not so much to obtain
labor as it is to plunder. Four of them
who had been in the employment ol Mr.
J. A. Cotton, of Smith vide, fur the past
two weeks, and after received their wa
gon, left the premises of Mr- ton °”
Thursday morning, carrying on with
them a very fine pistol of Mr. C’s. He
immediately went in pursuit and overtook
toon; on tne Southwestern liadroad. —
(>n delivering up the stolen property,
Ui«y were allowed to continue their
journey.— .Atyerieaa Republican, bth.
Let us Sum up and Preserve
the Record of Our Wrongs.
The culmination and complete suc
cess of Gov, Bullock’s plans to radi
calize and degrade the people of Geor
gia, furnish the last scene of the ever
shifting and tragical drama, which, act]
after act, has been produced upon the
political boards during the past five
years.
It becomes us ever to keep in review
before the rising.generation, the black
catalogue of wrongs, which have been
heaped upon their sires by a treacher
ous and malignant enemy. The moth
er should talk to her lisping babe, and
the veteran of a jiundred battles re
count by the fireside, the glorious deeds
of the confederate braves, and the jus
tice of that sacred cause for which their
fathers perilled and lost their all.
Let -us see to it that a wholesome de
testation of our oppressors, and the gov
ernment to which a forced allegiance
is rendered, be treasured up and faith
fully triKisinittcd from sire to son to the
latest generation.
It may be proper in this connection to
enumerate some of the causes which
have inspiredthis undying hate to the
radical Noith.
Ist. The terms of the capitulation
which was entered into and duly signed
by our great -chieftain, Robert Lee, atj
Appomatox court House, have been
shamefully violated. The brave men
who surrendered their arms and were
paroled, have been ostracised and perse
cuted with a vindictive ingenuity, which
finds no parallel in history.
2d. The oft repeated proclamations
of the U. S. Government, offering peace
and amnesty to the belligerent‘States,
when ever they would lay down their
arms and return to their allegiance,
have been utterly disregarded.
3d. Not content with the repudiation
of all confederate debts and securities,
the private contracts between our own
citizens and their * state governments,
have been gratuitously and forcibly
annulled. Little did they imagine that
the sowing of theso dragons teeth would
bring forth a harvest of repudiation,
which, when fully ripe, is destined to
wipe out that enormous debt which
hangs like an incubus upon the nation.
Even their pet wards, the colored pop
ulation will enter con amorc upon this
grateful task. And in doing so, but
follow the example and precedent set
by the radicals themselves.
4th. They have disfranchised and
proscribed thousands of our best citi
zens, and thus fraudulently obtained pos
session of the State governments.
sth. They have violated the Consti
tution of the United-States, and practi
cally abrogated its most important pro.
visions.
6th. They have broken every pledge i
and violated every engagement entered
into with our people, looking to an hon
orable restoration to the Union.
7th. They have loaded us with taxes
nnd burdens almost impossible to be
borne, and-imposed. special, duties ppon
Southern produce.
Bth. They have twice enacted the role
of the conqueror, by destroying a State
government duly formed after their own
model, and recognized by themselves.
9th. They haye in a time of profound
peace reestablished the reign of the
bayonet, and martial law, in n portion
of our State, and utterly destroyed the
rights and prerogatives of an American
citizen.
These are a few of the grievances
and insults, which have been heaped up
on a highrninded and gallant people.
Powerless to resist, we are forced to
submit in sullen silence.
But let not our oppressors think they
can continue to hold iu bondage an in
telligent and spirited United
in sentiment and opposition to a hated
faction, aided by our Northern friends,
the day of our deliverance is not far
distant.
Courage then countrymen, and let us
exhibit a spartan fortitude under our
calamities, and calmly await the march
of events. .
A government so utterly corrupt and
imbecile as ours, possesses no power of
cohesion
Already a blow has been stricken at
the freedom of the North, in the fraudu
lent ratification of the 15th Amendment,
which will sweep from power the au
thors of that iniquity.
At present, all that is left us is to
treasure up the record of our wrongs,
and, acquiescing in nothing, sternly pro
test against each and every act of usur
pation which is perpetrated by those
rulers who have been placed over our
heads by a despotic power.
Who was the Second Washington?
—The Mobile Register is responsible
for the following telling hit:
Who was the second Washington ?
The Radicals say it was Edwin M.
Stanton.
It couldn’t have been Stanton, for
when Thad. Stevens died they said it
was Stevens.
It couldn’t have been Stevens for
when Abe Lincoln died they said it was
Lincoln.
It couldn’t have been Lincoln, for
when John Brown died they said it was
Brown.
It couldn’t have been Brown—well,
it’s no use running the thing into the
ground after running it up the gallows.
Who was the second Washington ?
From Augusta.— Augusta, Ga., Feb
ruary 6.—Senator Hill and Messrs.
Bryant, Caldwell, Holden and otlics,
Republicans, opposed to Governor Bul
lock and his policy, are on their way to
Washington to represent the condition
of affairs in Georgia to Congress. Bry
ant says the ol ject of the delegation is
to show that Governor Bullock has vio
lated the Reconstruction laws—that the
Legislature, as now organized, is ille
gal, and that several persons are allow
ed seats in the Legislature who are not
entitled to them, imd that if Congress
sustains the Bullock Republican party
iu Georgia, it will be destroyed. The
delegation represents the Conservative
wing of the Republicans in this Stale,
and repudiate all political affiliation
with the Democratic party.
Georgia Legislature.
SENATE.
Wednesday, Feb. 2, 1870.
, Mr. "Candler arose, afha - the reading
of the Message, but the Chair decided
thfft Mr. Dunning was entitled to the
floor, and thut resolutions were in or
der.
Mr. Dunning offered three resolutions,
one ratifying the 14th Amendment; one
assenting to the act of Congress strik
ing out the Relief clauses of the Consti
tution; one ratify ing the lsth Amend
ment.
The first resolution to ratify the 14th
Amendment was read, when Mr. Dun-<
ning moved its adoption, which motion
was seconded.
Mr. Candler arose, but the President
stated that Mr. Dunning had not yi«-l.
ded the floor.
The whole resolutions were then read.
Mr. Dunning supported his m ti->n to
adopt the resolution to ratify the 14th
Amendment, in a few pertinent remarks.
Mr. Candler offered as a substitute
tli at the Governor’s message, with the
exception of the recommendation to rat
ify the 14th Amendment, be referred to
a joint committee of three members Irom
each branch ol the General Assesab'y.
Mr. Candler made one of his best ef
forts in support of his motion. His re
buke of the Governor’s charges against
the people of Georgia, was withering
and scathing.
The President stopped Mr. Candler
from commenting on the Govern- Ts as
sertion that all legislative action since
July, ]siiß, was illegal, and said that
Mr. Cahdier must confine himself to the
subject before the Senate.
Mr. Candler’s response to the remark
of the President was crushing. He de
monstrated Irem the acts of Governor
Bullock that Georgia had a legal gov
ernment.
Mr. Brock favorer! the adoption of
the resolution to ratify the 14th Amend
ment
Mr. NunnnUy asked Mr. Brock it
we were not acting under the 14th
Amendment ?
Mr. Brock replied yes.
Mr. Nunnally asked Mr. Brock if the
Senate were now to reject the amend
ment would it render it less valid ?
Mr. Broek replied, ‘■‘No.”
Mr. Woqten offered as a substitute a
resolution that the Legislature of Geor
gia, having ratified the 14th Amend
ment, it is unueccessary to vote on it
again.
Mr. Speer called the previous ques
tion, and the vote stood yeas 10, Nays
23.
By consent, Mr. Candler withdrew
his resolution, anil the vote taken on Mr.
Dunning’s resolution to ratify the.l4th
Amendment, with the billowing result :
Yeas— Messrs. Bowers, Broek, Brad
ley, Benton, Campbell, Colman, Corbitt,
Dickey, Harris, Higbee, Hungerford,
Jones, Me W horter, Richardson, Sher
man, Smith, 36th, Stringer, Wallace,
Dunning, Griffin, 6 h, Griffin, 21st, Jor
dan, Trayvvick and Mr. President—2s.
Nays—Messrs. Nunnally, Smith, 7th,
McArthur, Hicks, Burns, (under pro
test.) Wellborn, Candler, Fain, Holcom
be and Wooten—lo.
During the calling of the yeas and
nays, 'he Democrats declined to vote,
but the President decided that they
must vote.
Mr. Dunning’s resolution assenting to
the act of Congress striking out t!-e re
lief clauses in the State Constitution,
was put on its passage and adopted by.
yeas 28, nays 8.
Mr. Nunnally said he voted “nay,”
because he was injavor of relief.
—Mr.- Hotmfng’s resolution ratifying
the 15th Amendment was then taken
up and rushed through, being adopted
by the following v. te :
Yeas—Bowers, Bradley, Brock, Ben
ton, Campbell, Colman, Corbitt, Dickey,
Griffin (6th,) Griffiin (21st,) Harris,
Higbee, Hungerford, Jones, Jordan,
McWhorter, Richardson, Sherman,
Smith (36th,) Speer, Stringer, Wa'lace,
Welch, Dunning, Trayvvick, and Mr.
President —26.
Nays—Burns, Candler, Fain, Ilieks,
Holcomb, McArthur, Nunnally, Smith,
(7th,) Wellborn and Wooten—lo.
President Conley asked permission
to vote on the adoption of the resolu
tion, but Mr. Burns objected. Permis
sion was granted.
A message was received from the
House, announcing the ratification of
the 14th and 15th Amendments and the
ratification of the expunging of the Re
lief Lawn from the Constitution by Con
gress.
On motion of Mr. Harris, the action
of the house was concurred in, by yeas
24, nays 10.
Mr. Harris offered a reso’ution for the
appointment of a joint committee of five
from the Senate and from the House,
to investigate the charges preierred
against G->v. Bullock for the unlawful
use of public funds.
Mr. Candler suggested that the Leg
islature still being illegal, and the Gov
ernor provisional, such a resolution
would be illegal.
The resolution was adopted and the
President appointed Harris, Dunning,
Fain, Nunnally, and Brock as the com
mittee.
Mr. Wooten, from the committee, re
ported rules for the government of the
Senate.
Fifty copies ordered printed for the
use of the Senate
Mr. Higbee moved that 500 copies
of the Governor’s Message be printed,
which motion prevailed.
Mr. Speer offered a resolution that
the General Assembly, when it does ad
journ.luke a recess until 10 o’clock, a.
m., on the 14th inst.
Mr. Candler moved to amend by in
serting tiie 16th for the 14th, which did
not prevail.
Mr. Speer’s resolution was adopted,
and the Senate took a recess until 4
o’clock P. M.
Four O’clock p. m.
Message received from the House an
nouncing its concurrence in the”resolu
lion to take a recess until Monday, 14th
inst.
On motion, the Senate took a recess
until that time.
The House having failed to concur in
passing the joint resolution to appoint a
committee of investigation into Gov.
Bullock’s illegal and unlawful use of
public funds, the Senate resolution
amouuts to nothing. * ;
HOUSE OF REPRESENTATIVES.
Wednesday, February, 2.
House met at 10, a. m. and was call
ed to order by the Speaker.
Prayer by the Rev M. Smith.
Calling of the roll dispensed with.
Journal of Saturday read
Message from “His Excellency, the
Provisional Governor,” was announced
by R. Paul Lester.
Mr. Bryant arose to a point of order
—there was unfinished business before
the House —and it was a question wheth
er his protest should be entered upon
the Journal.
Mr. Bryant, then moved to have the
‘protest entered.
Mr. Eitzpatiick objected.
Motion put, and tire Speaker announ
T 5 ;d it carried-
Mr. Fitzpatrick said be questioned ij
it was oarried.
The message wire tben read.
[lt is published in Senate report, and
omitted I« e.]
O’Neal, of Lowdes, offered a resolu
tion adopting the 14th Amendment, end
proceeded to comment thereirti. He
said he was aware that many thought
this amendment had already been adop
ted. Many thought otherwise.
Mr. Tweedly called the previous
question. Carried.
Alain question p<ut. Carried.
D. vision calied for. No Democrat
voted. Yeas 71, nays Dotbing.
O’Neal, of Lowndes, announced, with
a slight blush, that he was paired ofl
with ro ne one, Mr. Turnipseed, he be
lieved.
Mr. Naull paired off with Air. Hark
ness, who had gone home on account of
family sickness.
Mr. Scott desired to know why Mr.
Wilchar's name was not called, as he
was a member of the House ?
Tl.e Speaker said, his name would be
entered at ttie proper time, ‘‘when the
official information.
The Speaker declared the resolution
carried.
Mr. Bryant made the point of order
■that a quorum of the House had not
voted for the resolution, and therefore it
■was not carried.
The Speaker overruled him.
Air, Bryant (hen rose to a personal
explanation. He had not voted for the
amendment, and nead the following rea
son :;
lt« wed-knowm that the 14th Amend
merit to the Constitution of the United
States has been ratified by both Houses
of the General Assembly of tr is ttate.
I believe we have already legally rati,
tied the said amendment, and therefore
I new decline to vote for its ratification
I also believe, that this House has Ireen
illegally organized, aad I therefore de
cliue to vote for the ratification.
J. E. Bryant.
Os Richmond County.
O’Neal, of Lowndes, offered another
resolution, adopting “fundamental con
ditions,” and resigned the floor to anoth
er Radical, who called the previous
question.
Yeas and Nays called for.
. The roll was being called, when, on
request, the resolution was upon the
adoption of the 15th Amendment.
Some Democrats voted no, the rest
did not vote.
The Democrats then withdrew their
votes, and the Speaker announced that
the vote stood thus—yeas 71, nay's 1,
and that it was carried.
Air. Bryant arose to a point of order.
A majority of a quorum of the House
had not voted, and, therefore, the reso
lution waa not carried.
The Speaker admitted the correct
ness of Mr. Bryant’s position ; but said
he was in the hands of a greater than
he; after lie got out of this thralldom,
he would sustain Mr". Bryant’s position,
but not now.
O’Neal, of Lowndes, proposed a res
olution adopting the 15lh Am -ndment,
and resigned the floor to Lane,of Brooks,
who called the previous question.
On tin's resolution the yeas and nays
wore called
Air. Anderson said ho considered
himself gagged, and declined to vote.
Hall, of Glynn, voted “no,” and ex
plained that he did so because Cyngre-s
had declared Georgia State in the
Uni"?”- and-not being a State, her action
»5h this A4i;° n dment must be void.
Parks, of Gwinnett, .said he was in
structed by his eoustuueiits, and voted
“yes.”
Mr. Tumlin voted “no,” and had
read the following :
“A proposition to adopt the 15th
Amendment meets with the uncomprom
ising reprobation of the noble, true and
brave people whom I represent, and also
with the leeling of their Representative,
and I can but, in this as well as in all
other hours of trial, remain true to them
and true to the principles upon which
they elected mo. And though tt may
be passed over my head, I shall leave
for them to behold, spread upon the
journals of this House my determined
protest against this crowning act of
Radicalism and treason against all good
people of the South.”
Price, of Lumpkin, explained that a
year ago he headed (not beheaded) those
who favored the adoption, and tberelore
voted “yes.”
I am in favor of the ratification of the
15th Amedment, but believing as I do
that this House has not been legally or
ganized, and that persons are permitted
to participate in its proceedings who are
not legally entitled to do so. 1 define
to vote.
J. E. Bryant,
Richmond county.
The Speaker announced that the vote
stood thus:-Yeas 65; nays 29, and the
resolution was carried.
Mr. Tweedy, of Richmond, moved
to transmit the action of the House to
the Senate. Carried.
Mr. Scott, of Floyd, offered a reso
lution requesting the Governor to order,
within twenty days, and elected to fill
vacancies, caused by death or otherwise,
aud moved to take up the resolution.
The Speaker said he did not believe
this was consistent with his "orders”
from above; but as lie had been arbitra
ry heretofore, he would waive his priv
ilege and put the question to tlie House.
A message from the Governor (Pro
visional) was here announced and read.
It restored, under General Terry’s Or
der 18, Mr. Wiichar, of Taylor county,*
and Air. A. T. Bennett, of Jacks'oD
county, to their seats in the House.
Mr. Caldwell, of Troup, offered a reso
lutio requesting Congress to relieve all
persons in the State of Georgia, from
all their disabilities, and moved to take
up the resolution. Yaes aud nays call
ed.
Watkins said as the Democrats had
declined to vote on the adoption of the
15th Amendment, he would decline to
vote on this.
Yeas, 61; nays, 50.
Lost, as it required a three-fourth
vote.
Mr. Bethuno offered a resolution to
appoint a committee to investigate the
charges of Treasure Angier against
Gov. Bullock.
Lost or. motion to take up resolutiop
Aladden offered a resolution adjourn
ing lha House until Monday, the 14th
instant.
Williams offered an amendment to
suspend the pay of members during the
interval.
Bethuno offered a resolution request
ing General Terry to suspend the. collec
tion of debts contracted prior to June t.
1865, until the Legislature can act upon
the question of relief from 1 he same.
Motion to take up this resolution lost.
Message from the Senate announcing
its concurrence with the House in the
ratification of the 15th Amendment and
the fundamental conditions.
The Chaplain Committee reported
that they could secure the services of
Rev. W. P. Harrison and R. W. Ful
ler, and recommended them to the
House.
Committee on “Rules” recommended
t e adoption of the Rules of the pre-
C.‘< ding session. Report adopted.
Message from the Senate announcing
the appointment of a committee of five
in the. Senate.to ivestigate the charges
ol Treasurer Angier against
al Governor Bullock, and requesting
the appointment of a committee of
seven to co-operate with the Senate
Committee.
Yeas and nays called on the motion so
take up the message. Yeas 72, nays
44. Mdttmr lost
Ms. JBrywnt Said he wanted the char
ges investigated, but first defied the
offices all tilled, [He seems to think Bul
lock will be replaced ] He voted “no.*
Air. Bryant moved to adjoarn.
Message Iroin The Senate asking coi *
currenoe in their adjmri nineut to the
14tli instant.
Amendment offered and a desperate
atlempt made by Mr. Bryant to be
heard, but the Speaker put a motion of
someone to concur in S< n.rte adjourn
ment to the 14th inst. This was car.
t ied. [lmmense applause from the Rad
icals.]
Important Decision.
United States District Court Southern
District of Georgia. — In the distribution
ot the assets of the bankrupt derived
from the collection of a promissory note,
a creditor whose claim is in judgment
has no priority and will share pro rata
with the other creditors.
In Re — Erwin & Hardee.
I, Frank S. Hesseltine, Register ol
said Court in Bankruptcy, do hereby
certify, That, in tire course of the pro.
*eeed»ng ß m said cause, the blowing
question pertinent to the laws arose";
»nd was stated and agreed to by Hat'
den & Levy, counsel for J-ohn IJ, \W«
yer, creditor, and Hart ridge & Chis
holm, who appeared for Galvin L. Coie,
a creditor of the said bankrupts.
Erwin & Hardee filed their petition
to be adjudicated bankrupts. December
31, 1868.
They returned among their assets one
promissory note for $12,000.00, which
the assignee collected.
Galvin L Cole proved Iris claim on a
judgment obtained against Erwin
Hardee, November, I>6B, and at the
second meeting of creditors, claimed that
the said judgment had priority, and
should first be paid in full, which claim
counsel for John U. Meyer opposed,and
asked that ’lre assets be distributed pro
rata. And the said parties requested
that the issue thus raised should bo cer
tified to your Honor for your opinion
thereon.
OPINION OF THE REGISTER.
11l re, Elijah E. Winn, your Honor
decided the lien of a judgment upon the
property of a bankrupt “follows the
property into the hands’of the assignee,
and that a judgment in this State returns
its lien in the Court of Bankruptcy.”
In accordance with this decision,
where property of the bankrupt, which
was suljeot by the laws ol this State 1 1
the lien of judgments, lias been sold free
and discharged from lucumbrances
thereon, it has been my practice, as
Register, in ordering a distribution of
the assets derived from the sale, of the
property, to pay the creditors holding
judgments according to the priority ol
their liens. It is only in such
whore the lien upon the- property was
transferred-the fund in court derived
IVtjfn the sale of the property, that 1
have considered the judgment creditor
us entitled to any priority in the distri
bution of the assets.
In this case tiro fund in Court is de
rived from the collection of a promisso
ry note. Tire judgment had no lien up
on the said notes in the hands of tire
baul.TUbts, for the Code, section 3524
expressly, declares, ‘A judgment has no
lien upon pivmi-'So.'y notes m the hands
of the defendant.’ IJ once, by virtue of
a lien it cannot claim to first satisfied
out of the fund derived from ttiij note.
The judgment creditor, Cole. I under
stand, bases his claim, to bo first paid
in full, upon the laws of tins State, gov
erning the distribution of the estate of
a decedent and of money brought into a
State Court.
Would lie, under 1 kc circumstances,
possess any priority as distribu.ee of the
estate of a decuillJeat ?
It ii true that paragraph 2,494 of the
Code places in pri..r rank over written
ob igations and book accounts. ‘JinJg
immis, mortgages and other liens, crea
ted during the life time of deceased and
to be paid according to their priority of
lien but it also «.-ys, ‘Mortgages and
oilier liens on specific property to le preferred
only ro far as such property extends'
But the Code of Georgia does not
govern in the distribution of the estate
of a bankrupt. The bankrupt's assets
must be divided in accordance with the
provisions of the BankruDt Act. Sec
tion twenty-seven enacts—“ That all
creditors whose debls are duly proved
and allowed, shall be entitle to share in
the bankrupt’s property and estate, pro
rata, without any priority or preference
whatever, except that wages due f.om
him to any operative or clerk, or house
servant, to an amount not exceeding fif
ty dollars, &c.”
By the Bankrupt Act the judgment
creditor enjoys no advantage, except
where the bankrupt returned property
upon which the judgment is a lien by
the laws of the State in which the prop
erty lies. Unquestionably in this ease
Cole, the judgment creditor, must share
pro rata with the other creditors.
Respectfully submitted,
FkankS. Hesseltine.
Ersklne, J. —Alter a careful consid
eration of the questi m submitted and
the ruling of the Register, I am clearly
of the opinion that there should be a
pro rata distribution, and therefore affirm
the decision of Mr. Register Hesseltine.
The Clerk will please certify this to Mr.
Hessulline.
February Ist, 1870 — Sav. Eep.
It is rulnorcd that Varney Gas
kill, the Radical, is acting as Assistant
Superintend nt of the State Road. We
presume Varney Gaskilt, the Democrat,
will deny this —Monroe Advertiser.
ft was reported the other day
that our troops on the Plains had fought
a battle with the Bh.ckfeet Indians, in
which one or two of the latter came Very
near getting hurt. It is now said that
‘the report was very greatly exaggera
ted.’— Louisville Couricf.
New Advertisemets.
ADMINISTRATOR’S SALE.
BY VIRTUE OF AN ORDER, massed by the
Com 1 .if Ordinary, ol Randolph county, will
be sold, on Hie first Tuesday in Ai.nl, l-7n,' before
Hie Court House door, in the city of tluthbert. part
of Lot, No 77, it being the lion-e ami lot whe reins
Giliv Hughes lived at the lime of li >r death. Hold
lor the ben. tit of heir- and creditors. Terms cash.
E H. IvIRK'-EY, Adair.
feblOtd ot Gilty Hughes, deceased.
ADM INI ST RAT RLV SAL E.
BY VIRTUE OF AN ORDER, granted by she
Com tof Urd na.y of Randolph county, will
be sold, beioie the Court House door, i t the city ot
Uuihb rt, on ihe lirat Ttier-dov in April, lS7a, tea
ncies-xf Land, No, 71, originally in the 9ih nmv
Town District. Hold for the becetit of heirs and
crediiois. Terms cath.
ANNA A. MORGAN.
{.blCCd Ador.Dibtiatiix,
LIST Os LETTERS,’
Reminintj unclaimed in the Post Office at
Cuthhert, Ga., on FA. ls£, 1870, which,
if not called for before March Ist,
will be sent to the Dead Letter Offici:
A
Alston, R A
B
Rattle, Mtsi Willie—2 ftily. AS
Roon, Miss M B Rennet', Mrs L T
Brumte't.. J H Baiiv. T .1
Ball, T it Baifield, Mrs Ssllie
V
Clinton, J C ft—4 Collins. Peter
Cohen, S Crawford, Iter W L
Culpepper, Jacksou Giittendan, Miss Mol He
Carden Miss Georgia—2 Chapman, WH 3
Chapman, R D —2 Carter, Mrs J A
Coleman, Miss C J
B
Dean, Wily Dnc : «r. E W
Duggan, T W Dunn, William
Dorsey, Miss Alice Dorstou, B.R
Dunn, J P
E
Everett, Rev James
F
Fergu'on, Mrs Carrie
G *
Graham, James Garner, Miss A M
Goodwin, Mi«s sane Golden, Sebum
Glenn, Miss Mary
H
Havcook, Elisha Hughes, Miss S
Harris, W F . Hughes, Mrs Gill*
Haliday, Geo go Hunt, Miss L zzie
lle;z nan, C 11 Moisten, II D
Haisien, J A llos’ean. Win 11
Harrell, D B 11*11, R A
J
Johnson, Ralph Jackson, R
Johnson, IS J Jordan, Eliza
Jon-8, A M Jordan. Lewis—2
Johnson, Charles Jackson, Miss Ella
Johnson, Janies T
K
Kelly, John
L
Lisby, James G Diviner, E J
M
McGinnis, J Moßryde. MissA’fce-2
Maugham, E W Move, W A
MoCulleis, A C Morns, Mrs M O
N
Newman; C II Norman, M A
P
Peters, G Pollard, J L
Pettie, Mrs Mary Print, J W
Prowis, E B l yles, Miss M G
R
Reynolds, Pate A Cos Rents. Miss E L
Ragland A Andrews Ragland, F J
Renew, Aaron Runuelds, Miss Denmi
Robinson, N
s
Star, Peter Stewart, T R
Sett, Miss SE Smith, W N
Shephard, J C Sharp, A B
Sanders, J L
T
Thomson, Tabor. Miss Matt
I'ayler, Mrs M !t Thompson, .! II
Taylor, Miss Hedy Tnoruton, Prince
Tison, Mrs M A
V
Von, F
w
Waller, Miss A M Willis, Mrs L
Watson, M s b Watson. J G B
Williams, Mis J F West, Miss Dodie
Wrigley, W W *
fSS“ Parties calling for any r 1 the above letters
will ph usd say they are auvkrtissd.
iebio n j. a. Hardaway, p. m.
Bailroad Meeting.
Svmm#
A M£E-T-LNG-wf -Jb? Stork holders ol the Bain
il bridge. Cnthbart and Columbus Railroad wii
be held iu Cuthbert, on
MONDAY, Feb. 21st, 1870,
All of the Stockholders in Randolph county are
es >eciatly and *a> neatly 'f (nested to meet prompt
ly! at 11 o’clock, A. M., on that day.
liusMiess ot va-t importance to them and the in
terest of the Road demands prompt attendance
About 3u) bands are now at work on the Ro id.
B. F BRUTON, President.
W. M. Tcmmx, Secretary. ieb|o-2t
ij?7(| sp r G io 7n
15/lISUMMER 15/tl
IMPORTATION!
RIBBONS
Millinery and Straw Goods.
ARMSTRONG, CATOR & CO.,
IMPORTERS AND JOBBERS OP
BONNET TRIMMING & VELVET RIBBONS,
Bonnet Silks, Satins & Velvets, .
Blonds. Crapes. Ruches, Flowers, Feathers, Ornaments
Straw Bonnets and Ladies’ Hats,
(Trimraed and Uotriinmed,)
i@lialx.er lAooci?, Etc.,
337 and 239 Baltimore Street,
BALTIMORE, MD.
Offer the largest Stock to be found in this
Country, and unequalled in variety aud
cheapness, comprising the latest Parisian novelties.
Orders solicited, aud prompt attention given.
feblO-1 in*
JF'ojt Sale.
APR tV HUNDRED nus*>g[,s of SELKCET
DIXON COTTON SEED, delivered at im
plantation, at $1 oO per bushel. Sacked and de
livered on the Railroad at $1 25. AH orders ad
dressed to me at Cuthbert, will be promptly intend,
ed tb. feblutf DAVIU GOFF.
Empire Nursery,
If ear Georgetown, Georgia.
Fruit Trees for the South i
A. J. SURLES, Proprietor,
■VTO APPLE PEACH or PEAR TREBH sold
lA but those that have bi en te-dM a«d found to
be the best for this Latitude, aid section.
The stock consists of Apple. Peach. Plnm, Nec
tarine. Apricot, Almo id, Q-iince and Fig Trees, at
$12,50, per 100 Pear Trees at 25 c»nis each.—
Catawba *n ' Clinton R ioted Grape Vines at
per 100. or sso per slooo. A. J. SURGES.
Z-£F“ E- T. DAVIS will act as my agent at. t'uth
bert. f, b-3 3i*
HiiEUlI AXIS M!
T DO HEREBY CERTIFY, that after StlCeflng
X tor as years, with the most excruciating pain
from Chronic Rheumatism, and finding no p-ima
nent relief front any of the many prescriptions
given me by different physicians, lam now entire
Iv well, not only of Rheumatism itself.but likewise
of its effects. This cure was cff-cted bv a prepare
lion styled Linch’s Anti Rheumatic Powders. Ot
these pmvdeis 1 took two dozen, and hate not hail
a-iy symptoms of my old pains for three tears.
The effect opon me was like msg'c. Within three
davSatier I bad taken the It st |Kiwder, my pains
disappeared, and I h ive been entirely c ear of them
up to Hie present iiitie.
To all suffering from Rheumatism, I do heartily
recommend Irie-e powders, c-nti fenlly believing
that you have only to give them a trial to secure a
lasting cure. Moat respectiuily,
Eatonon, April 22. .1855. .10 N I.INCH.
I am as well of the Rhpnmati.-m to dav and of
its eff c's, nltiimigh n< w a very old as 1 «a«,
the day I gave the above certihca e
Eatontoo, Ga., Nov.<32. tß'i«. JOHN LINCU.
We the undersigned ciizena of Putnam county
Ga, clioerfhtlv bear testimonr to the efficacy «•!
Lincb’a Anti Rheumatic Powders in the i teat men t
of acute nr chrome Rheum fism ; nyunv eases har
i g been successful v treated bv l>r. f. 0. Gibs >n
wi hin out person il knowledge In wbicb tbcae pow.
ders wete used Cxclus Veiy.
Joel Brarhsm, M. I>. Daniel Slade,
.Stephen U. Marshall, U. H. Thomas.
T. U. Harwell, Win. H. Gaiter.
I)r Adams, Thomas ILapes*.
Michae. Dennis, Niehols m and others.
Address the unders-gned at E ,teuton, Ga., giv
ing a toll description ol the case, ana enclosing
ssio;- and if wot cured, or a-cully bnehlted, l wilt
return the money oo application. "
le-.S Sa, J. G. GIRSON.
Just Received and For Sale by
J.M. Redding & Cos.,
10,000 lbs. Bulk clear Sides ,
10,000 “ “ Sboulders;
10,000 « “ Hams;
100 bbls. choice Flour,
Sugar, Coffee, leal, and Dry Goods,
fe’.ia Cm Jtt Lowest Gash Prices !
18 7 0!
®WII & SEAL 7,
DEALERS IN
Dry Goods, Fancy Good?) Clothing, Groceries, Hardware, etc.
Cutliberi, Greorgia.
° P GO ° D3 ° F EVEB *
IDjry Goods,
tverv t kUid n Tfri , piecjH l ?f , nn , lI ***7 T’ ality K l R!,e !t ,3ar ~ brown * nd bleached
trade. Oor Hosiery department Is now complete. \v e the " ,nt * r
New Stock of Boots and Shoes,
Hatrriwatre: j
In this line we are well supplied. Com-, Farmers, and snpply yourselves with plenty of g„od
Axes, Hoes, Shovels, Spades, Forks, Traces, Hames, Garden Rakes, etc,
2s££3 oM^ttneS^:; ba * you — n -U
Ox* o o3s. ©r y ■
In this line our assortment will be very complete in a few days. In fact, we are going to keep *
Good Supply of Everything usually kept in a First-Class Store.
Remember our co-partnership is for fire years, and pe f, hans for libs We ir. NOT i>r D rm» n ., .
our operations, but CONTI S tfuUS. instant in season and out of seison Alw.^° T | RIODI OALI*
Gome now. and sup.ily you selves an I be ci nf,ruble When vou are dLI to *“«•
will spend your money, whether a wise man or a tool. y ° U JOU do not ko °* who
M am a ' B ° AgentS furt!l * Ct ‘ k ‘ brated TROVER & BARER Sewing
‘ acillUß ’ Jau27tJT
T rnn? SS™ “ Y numerous friends and the
A . ÜBLIG GENEKALLV, that I am still prepm-ad to supply them with any
article in the J
C3rx-ocery Xjine,
And will continue to keep on hand
Salt, Bacon, Lard, Flour, Meal, Syrup,
Sugars and Coffee,
And all other articles in this line, to which your attention is directed. Alsd
a large Stock of
WOOD, WILLOW, & CROCKERY WARE,
And a general and Well-selected Stock of
«
ESctsrdL-vip-etir© db Cntlery.
Also, a Complete Stock of
Clothing, Pry Goods, Notions, Hosiery, etc
All the above Goods, and a host of others not enumerated, are ottered at
LIVING PRICES. Gall and examine my Stock. Nothing charged for looking
and but littlo if you buy.
FINALLY , I have enabled some of you to raise a crop of Cotton the pas
year. You may not have gathered as many bales as you wanted, but yon have
sold, nr can S>‘ll, at fair prices, for Cash, and make a larger profit than I made oflf
of the Gonds I sold you. To enable me to extend similar favors another year,
yon should no longer neglect your “ promise t> pay ” when you gathered your
Cotton. T paid cash for the Bacon, Flour, Salt, and other goods you bought of
me, which enabled you to raise this Cotton. When were you to pay me ?
jan 27-3 in IcAAO EASLEY.
MEMOVALj,
J. S. ANTHONY,
Manufacturer of and Dealer in
Plain, Stamped, and Japanned Tin Ware,
House Furnishing Goods ,
to
Cools-intj and. Heating
STOVES,
Hollow Ware, Wood Ware, Jug Ware, etc
:o:—i
I b«>g leave to infirm niyj.nslnmers and friends, that I have moved to th«
old stand of JNO F. KICDOO, 2d door from JNO» McK. GONN, where 1
hope still to receive their patronage. J. S. ANTItONY,
Jan 2- ly Cuthbert, Ga.
KTotioe-
AT A MEETING of THE DIRECTORS and
Stock Holders ot the Cuthbei t M o iPactming
Company, held February Ist, Ilffu. it »tas ui.irui ;
tnonsly ’ !
Re-nlved, That all Stock Holdeispav, bv Ihe Ist
day of Mtv next, 100 per cent. »n I tie amount sub
scribed bt them O fliaif to be paid h< the Jsth
•hiy of March next, and ibe' balance by the Ist day
nl May next. It was also unahimou ly
Resolved, That I lul- C woo ful 'b pay Ihe JfiO |>er
coot. on their {Stock by ttie Istot May n-xi. irfileit
ibeir enti'ie Stock. E. iichONal.lt,
».4>B lm . P .-yo -f
Notice to Debtors and Creditors,
ALL PERSONS indtbied to (he e>ia'e of .'as.
Martin, deceased aie hereby unlit-, I lo ca'l
aim m ke SetUeme tut once, anil all persons hav
ing claims against said esiate ate requested to pie
sen, them duly authenticated, within the time pre
(cubed by law., J. C. M aRTIS*
jau27-43d Admin istialor.
OR It IN A UYS OFFICE RANDOLPH COUNTY
GA —Io cider to c»t rv out sect., (8 <s . <t the
cone of Gem gin. In relation to the standard
* eighi ana n ea-ures, nod the County having b*«n>
supplied with all the weights and no asmes, nete»-
aai v >o cairy out .-a>d Soot, ot ttie cole, ibe ed-ieos
of the county ni Randolph are respecitudy ie*-
q’u st. and in come forward and hove their wtighia
'• ensn es t, slid and marked and branded as tb*
law directs. Given under my band nffi ij»y.-
M. GOii.M LEY. Onii- ary.
febC-3m aud Ex otticio Clerk.
Take Notice Planters.
I HEREBY NOTIFY the Planters, ami public
genmallv, that I co .Iracted wjtii a freedumn by
f the nmo and JERRY, loaner shue id Jacob Oder,
I. r the proseoi year, aud be lias abandoned his
co-traoi wi'hout any'cause. 1 hope oo one wilt
give him employment, a* bold any one ra-