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®outircrtt sm
f JOHN K. UAYES,
I pHOl' i{ 1I- **T ~
1 V 0,,.. oTsitb^Ol" 1 ""'
AT,WAV* I» $2 60
■0 ieco|iy. one year 1 60
o, e copy. V.x months..-. i 00
Oae copy, mouthy.
«f Advert mb
, to he Dubiished *br a less period
at SI per square for each
,j v ,,;>ment».rec.mtin»e,Uorone month
i X“r. U- ch«* “ f “ n<,W, J
”_!!!L—r, nnr r&pTtorio n<«.|i2Mo.
?t£3*2- sT to jTiio «55*i 4oo$smoo
! I square -J nOQ?4 0 0 20 00 30 00
I ’” jJoo 15 00 20 00 26 00 40 00
ss,piares• oQ qq 26 00 33 00 50 oft
4 „r«arc*s.... 1 JO - Qf) QO4QOO 60 00
6 s.|uarea .. gl oQ q 8 0 0 48 00 70 00
! «squires.... -* « 3? oQ 4>5 00 66 00 80 0 0
7 squares - ' 00 52 00 64 00 90 Oo
j genres. •- '. 40 00 i 60 00 72 001’00 <>o
! 40 00 55 oo 68 0o 80 00 110 %
J n ;!!lmo44 oo! 62 oq!j4 00 89 001120 Op
Advertisements if not marked with the number
,f insertions desired, when banded in. will be pu t>
ished until Advertisers order them out; and they
will be charged for accordingly.
Advertisements sent to us for publieation should
be marked with the number of insertions desired
or the period to be published, and accompanied with
ha amount required for payment.
%l \ lvm’ti *•« di *
For the information and guidance of Ordinane
Sheriffs. Clerks, Executors, Administrators, Gua.
dians and others, we publish the following, (a iu e
n no event to he departed from:)
Sheriff’s Sales are required by law to be pub .sited
weekly for four weeks, and the charge per K vy, o
10 lines or less, will be 50.
Mortgage Sales, eight weeks, per square so.
Citation* for letters of administration and guar.
I >ansiiip, $3.
Dismission from administration, monthly for six
I Months, SO.
[ Dismission from guardianship forty days, S5.
I Applications for leave to sell land, sixty days $6
i Administrators’ sabs of land, forty days, per
■ quarc $3.
I Niles of pcrishabl roper ty, per square SB.
r Notices to debtor nd creditors, forty days $5.
■&>fr.iy notices, th ty days, per square $4.
,fol» Work.
Every description of Job Printing executed in
Ivle which, for neatness, cannot be surpassed in
Southwestern Georgia.
sUtt glvrtMj).
ft RUT IERFORD, Attorneys at Law,
Office over <1 ru" store of 0. 0. King, Jr., & Cos.
reftillv prepared to take charge of all cases aris
I rg under the liankrupt Law.
June H , 1807. 13-ts
I Vs H’.L GUNEYft CO., DEALERS IN CLOTH
I 11 ING, Furnishing Goods for men wear, Staple
E Dry Goods, Harness and Saddlery, Water Street
I flaiabridge, Georgia. [June 10-t
| ~"mkdTcal card.'
DR. E. T MOltG VN. having nerma
nently located in the city of
I Wi If**, tenders his professional services to
I the public, and respectfully solicits a share
VVil! he fouo I it his ollice in Rower’s Block dur
| Tig the illv. and at his residence on Broughton
I «tn/et at night
I All cills promptly attended.
R.tiuhri Ige. Marcii 11. 1809. 40 ly.
ME 01 CAL CARD.
| Dr’s. FARRAR & JONES
U\VIN r associated themselves togethet
the practice of Mkmoimk. tender their pro-vw
I fesslooal services to th«* comma of Bainlovidge gO&i
- «uvl vicinity Office upstairs over E. H. Smith &
| Store. Or Jones can he fornd at night at the
1 office, when not professionally engaged; and Dr
I Farrar at his residence on Shot well street, opposite
1 the Baptist Church
I March 11th. 1869. 46-ly.
■ a A ALLEN, O. W. HINES
ALLEN & HINES,
ATTORNEYS AT LAW
m —and—
ISOUCITQRS IN EQUITY
BAINBRIDGE, GEOI. GIA,
Will give their prompt attention to all bitumens
entrusted to their care in the following counties:
County, ’ Town.
Decatur, A Bainbridge
Miller, , Colquitt,
Early. * Blakely*
B rker. Newton
Mitchell, Camilla.
1 hoinas, I’honmsville
They will also practice in the Supreme Courts of
Georgia and United States Court for the Southern
District of Georgia. Office upstairs over J U.
Dickinson & Co's., Confectionery. [ApB 49 ts.
e. G. CAMPBELt G. GUBI.KY
CAMPBELL k GURLEY,
attorneys
AND
COURSELORS AT LAW,
»vn
f olicitai's iu (JjquitD,
BAINBRIDGE, GEORGIA
Feb. Hth,'69. 42. iy
Geo-P Rowell
Advertisements forwarded to all Newspapers.
No advance charged on Publishers* prices.
All le-iding Newpsaper kept on file,
uto! uiaiion as to Cost of Advertising furnished
oli Onles receive careful attention.
Inquiries by Mail ansi\.ered promptly. -
Complete Pin ted Lists of Newspapers for sale*
> pecnl prepaed for Customers.
A \ertiscinents Written and Notices secured.
Orders from Business Men especially solicited*
40 P«kßow]^
Abridge Gaep.,St 22,1868. 22 ti.
vHft J Jm H Hi H|^ i J H H' fl< H. |H HD. n ■ Hj H H
Devoted. ißa.rtio-u.la.rl-y’ to tlx© Irtteirostfs of ssoTjLtixerxi cL-n rd
.... - ' ■ a ? . liern So-u tlx western Georgia.
11 ' —— —■ 1 —i v - —*— ■ _
VOL. TV.
GEORGlA —Decatur County,
Decatur Superior Court April Term 1860.
H. M. BEACH 1
r n JL* \ pe li ,i »M * Knle Wis.l
J. R. PROFFITt. j |o Foi ecliuie illorf jftigo.
It appearing to the Court by the petition of H.
M. Beach, that by deed of mortgage dated 9th day
of October 1867, John R. Proffit conveyed to the
said Henry M Beach and Alexander N Nicholson,
all that town lot situated, lying and being in the
town of Bambridge sairts,State and Coiinty; and
known as the West half of lot known as the
Nicholson lot. Bounded on the North by a street
separating it from the lot and stores recently
owned by the estate of Ira Sanborn and
now belonging to Ira W. Sanborn; on the West by
a. street separating ifcfrom the Presbyterian Church;
on the South by a lot owned by J. M. Donalson;
and on the East by the balance of taid lot; the
same having been sold bv George W. Pearce. Adm.
and bought by J. R. Haves and others. Said bar
gained premises containing one-half acre, more or
less, for the purpose of securing the payment of
two promisory notes, made by the said John R.
Proffit, to the said Henry M. Beach and Alexander
P. Nicholson, Guaidian, or bearer; each due on
the first day of January 1869. amounting to the
sum of eighteen hundred and ninetv-tivo dollars,
which notes are now due and unpaid.
It is ordered that the said John R,. Proffit do pay
into this Corn t, by the first day of the next term
thereof, the principle, interest and costs due on
said notes; or show cause, if any he to the
contrary, or that in default thereof, fore' Insure be
granted to the said Henry VI. Beach, of s.,id mort
gage; and the equity of redemption of the said J.
R. Proffiit therein be forever barred. And that
service cf this rule be perfected on said John R.
Proffit by publication as the law directs.
J M CLARK.
J. S. C.. S W. C.
A true extract from ihe Minutes this June 17th
1869. G. A. PADRICK,
Clerk,
jl y 27 -8 m4m.
GEORGIA- Decatur County.
Decatur Superior Court April Term, lßoo
ABtfAM B BELCHER, 1
VS | PETITION AND RULE NISI
DEBBIE B GRIFFIN [to foreclose mortgage
and 1
JAMES B GRIFFIN. J
It being represented to the Court, by the peti
tion of Abram B Belcher Admr* on the estate of
James Kent, that by deed of mortgage dated the22d
day of January, 1868, Debbie B Griffin conveyed
to the said Abram B, Belcher as Admr on the
estate of James Kent, all that tract or parcel of
land, situate, lying and being m the city of Bain
bridge; bounded on the East by Independant
street; on the South by a lim commencing at a
stake one hundred and thirty two feet from the
corner of Planters and Independent streets, and
running West one hundred and fifty five feet.; on
the West by aline running North and South from
the West end of the line, making the Southern
boundary until it intersects Planters street; and on
the North by Planters street: for the purpose of
securing the payment promissory notes made
by the said Debbie B. Griffin and James B. Griffin
to the said Abram B. Beicher as Admr. on the
estate of Jamas Kent, beating date November 6th
1867, and due twelve months from date —with in
terest from data. Five of said notes being for the
sum of fifty dollars each. Ihe sixth and remain
ing note being for the sum of §8 17 , with all legal
interest which may be d tie upon.the same, and also
all costs that may be incurred bv thfc said Belcher
n collecting the same. Which said notes are now
due and unpaid.
It is otdeied that the said Debbie B Griffin and
James B Gtiffin do pay into Court by the first day
of next term, the principal, interest and cost due
on the said notes or show cause, if any they have,
to the contrary; or that in default thereof, fore
closure he granted to the said Vhram B, Belcher as
Admr. of the estate of James Kent, or said mort
gage and the equity of redemption of the said Deb
hie B. Griffin and James B Griffin, therein be
forever barred; ana that service ot this rule be
perfected on -aid Debbie B. Griffin anil James B
Griffin according to law. n
J. M. CLAfiK,
J s. c., s. w c.
A true extract from the Minutes this June 17th
1869 G. A. PADRICK. Clerk.
GE 0 K G I A —D ec atu k Count y
Decatur Superior Court April Term, 1869.
SIMON WARD ]
vs- | RULE NISI TO FORE
THOMAS E. J. COWART |- CLOSE MORT
& | GAGE.
SAMUEL L. TISON. J
IT appearing to the Court bv the petition of Si
mon Ward accompanied by the notes and Mort
gage deed. that on the 14th day of October. 1865.
defendants made and delivered to the plaintiff their
promissory notes bearing date the year and day
aforesaid, by one of which notes the defendants
promised by the first day of January, 1867, to pay
to plaintiff or bearer eight hundred and thirty f nr
dollars, by another of said notes the defendants
promised hy the first day of January, 1868. to pay
the plaintiff or bearer eight hundred aid thirty-five
dollars, and by the third and last of said notes de
fendants promised by the first day of January,
1869 to pay to plaintiff or bearer eight hundred
and thirty dollars, all said notes were given for
.value received and drew interest from the first day
of January next, after, the date thereof. And for
jhe better securing the payment of said notes, on
the 12th day of November iB6O, the said Thomas
E. J. Cowart and Samuel L. Tison executed and
delivered to plaintiff three deeds of mortgage
whereby said defendants mortgaged to said plaintiff
the following lots and parcels of land, lying in ihe
21st district of said county of Decatur, one frac
tional lot, number two hundred and for fraction
(242.) containing one hundred and forly-seven aud
a half (147 J,) acres more or less, also fortv-tliree
(48,) acres of lot number two hundred and twenty
nine (229.) lying on the W T est side of fir t said lot
also, fractional lot, Nnmlier (248.) conta'ning one
hundred six and-a-hulf acres actes more or
le s, a|so, 01 e hundred and fifty
or less, off of lot <>t land. Number two hundred and
thirty. (280.) also, one hundred and seventy five
('To,) acres more-or less off of lot, Namier (230)
also, one bundled, (iuo) acres found in said last
lot, and seventy five (75) acres loun I in iots Num
ber two hundred and forty four and two hundred
and forty-five, (244 ad 245.) And it further ap
pearing that said note remains unyaid it is there
foie ordered, that the said defendanid. do pey into
Court on or before the first day of the next term
thereof the principal, interest and eosts due upou
said note and the charges, or show cause to the
contrary if any he can. And uiat on the failure of
1 he defendants so to do the equity of redemption In
and to said mortgaged premises be forever thereaf
ter barred and foreclosed. Aed it is fur her or
dered that this rule be publishd in the .Southern
Sun once a month for four months previous to the
.next teiin of this Court or served on the defend
ants their special agent or H. M Beach assignee
in Bankruptcy of Thomas E. J. Cowart and S. L
Tison. at least three mouths previous to the next
term of this Court.
J. M. CLARK J- S. C., S. W. C.
A true extract, fiom the Minutes of said Court,
this June 17 1869
G. A. PADRICK, Clerk.
June 17, 1869, -mlm
B UNBBIDdE. OA.. THURSDAY. SEPTEMBER 2, 18G9.
GEORGIA—Drcatp r C< »unty.
DECATUR SUPERIOR COURT APRIL
TERM 1869.
MARION F. SANDERS j Petition and Rule Nisi to
tit i, ~v s r Foieclpse Mortgage:
Wm. M. MARSHALL ) 6 * -
It being represented to the Court by the petitioi
of Marion F Sanders, that by deed of Mortgage,
dated the sixteenth dav November eigbteett
hundred and sixty eight, James A. Davis conveyed
to William W. Marshall a !of of land in the town
of Darrell in said State ami county, arid known in
the plan of said town as lot No. one WMtofc' (K)
containing thirty feet on Broad atvea>itiDir
back 105 feet, Bounded on the Norths by v Rytuyt
street; on the East by remaining portion of hbrrik
(K); on the South by same; on the West #y MtewfffF
stree ;in the 19th District of said county, and
known as lot number 31. for the purpose of secu
ring the payment of a promisory note made by
said James A Davis to William W. Marshall or
bearer, and due one day after date for the sum of
One Hundred and Twenty-Five Dollars, which said
note is due and unpaid. It is ordered that said
James A. Davis pay into this Court by the first day
of next term the principal, interest and costs due
on said note, or show cause, if any he has. to the
contrary; or that iu default thereof, foreclosure be
granted to said Marion F. Sanders, rhe now owner
of said mortgage by assignment, of said mortgage
and the equity of redemption of said James A.
Davis therein be forever barred; and that service
of this rule be perfectecfcm said James A. Davis
according to law.
J. M. CLiRK,
J. s. c. s. w. c.
A true extract from the minutes this June 17th,
1869. Gg A PadriCK. Clerk.
GEORGIA -Drcatur County.
DECATUR SUPERIOR COURT APRIL
TERM 1869.
MARION F. SANDERS | Rule Nisi to Foreclose
vs J-Moitgage
Wm M. MARSHALL. )
It being lepresented to the Court by the petition
of M F. Sanders, that by deed of mortgage dated
the twenty fourth day of Dec eighteen hundred
and sixty eight. William W Marshall conveyed to
said M F. Sanders, a lot of land in the nineteenth
district of said county, known in the plan of said
district by number eleven then known as the
Marshall place, for the purpose of securing the pay>
merit of a promisory note made by said Willis on W
Marshall to said M. F. Sanders, due on the twenty
fifth day of December then next, for the sum of
Two Hundred and Eighty-One Dollars; which note
is now due and unpaid. It is ordered that said
William W. Maishall do pay into this Court by the
first day of the next term, the principal, interest
and costs due on said note, or show cause, if anv
he has, to the contra.y, or that in default thereof
foreclosure be granted to said M. F Sniders of said
mortgage and the equity of redemption of tiie said
William W Marshall be forever barred; and that
service of this rule be pe:f< cted on said William W.
Marshall according to law.
J M.CLARK
J s. c., s. w. c.
A true extract from the minutes this I7th day
June 1869. G. A. Padeick, Clerk.
NOTICE. 1
ON the first Monday in September next, I will
apply to the Ordinary of Decatur county for
leave to sell >ot of land No 286, in the 2oth Dis
trict of Decatur county, belonging to my ward
Hama L. Parham.
R. H - BU I'LER, Guardean.
aust 3, 15 -30*1.
UOISTGAGIi MIDKIFr’S StLE.
WLL be sold before the Court, House door in the
town of Bainhridge, on the first Tuesday in
October next, between the legal hours of sale the
following property to wit:
L-»‘s of land N<;s 8, 9. 10, 30, and 31 lying in the
nineteenth District of Decatur county, excepting
fifty one acres off of the South West corner of said
lot No 31 Levied on as the property of W W.
Harrell to satisfy one mortgage fi fa. in favor of P.|
E. Whig ham administrator against W. W. Harrdi
and John T Harrell Property pointed out in more
g:ige.
a H.B. WAUGH, Sheriff
August 9, 1869. i6 gw
GEORGIA - Decatur County.
Da. CAMPBELL having applied to be appoint
. ed Guardian of the person and property of
Hattie J Grey, a minor, under fourteen years of
«ge, res dent of said county. This is to cite all per
sons cencerned to be and appear at the September
term of the Court of Ordinary and show if any thev
can why D. A. Campbell shoul.i not be entrusted
with the Guardianship of the person and property of
Hattie J Grey Witness my hand and official sig
nature jjp! *
JOEL JOHNSON, Ord’ry.
August 5.1869. 16-1 in
Uecatnr Prs p«»i < and S!?«'••■ ff*g Sal**.
WILL BE SOLD before the Courthouse door in
the city es Bainbridge. between the usual
hours on the first Tuesday in September hext,
the following property to wit:
Lots of land Nos 74. 114 and £75 and 76, sos 123,
all lying in the 16th district of Decatur cohntv.
Levied ou to satisfy one Superior Court ft fa in favor
of Drury liambo. Executor vs R D. McElveen and
Henrietta McElveen. Executrix.
Also, at the same time and place, one lot of land
No 124, in the 19th district of Decatur county-,
evied on as th»property of b.hn R. Masey to sat
isfy one Justice Court ti fa W Pearce vs J. R. Masey
and J. S. Masey
Lew made and returned to me by B. A. V.Jin
digham, Constable.
. , H. B. WAUGH, Sheriff
August 6, 1869. 15 4w
GEORGlA —Decatur County,
BcesUm Siiperinr Court, .April ’fcrin
1860.
JuHN MORGAN. (Col ) . ) Libel for DivorUb,
vs > Bill to Perfect
AMANDA MORGAN, (Col ) ) Nbbvice.
IT appearing t the Cunt by the return of the
Shei iff that the defendant d<>@s not rusfde in
this county, and it further appearing that she does
not reside in this State, it is ordered by the Court
that said defendant appear and' answer at the next
term of this Court -dse that the case be considered
In fault and the plaintiff allowed to proceed*
And it is further ordered by the court tlat this
rule be published in the Southern Sun once a
month for four mouths,
J M CLARK, J S. C., S. W. C.
A true extract from the minute*.
G. A. PADRICK. Clk.
may 27 '69. 5-4 m.
important supreme court decis
ION —THE HOMESTEAD UIMSTI
JUHONAL AND RETROACTIVE
B. t. Hardeman, plaintiff in error, vs.
Joh " T'awner, defendant in error. Home
stead trom Oglethorpe.
McCay J —Homestead and exemption
laws, when made in good faith, to secure to
the family of insolvent debtors a reason*
able mean i of subsistence, from the debtor’s
property, do not even, though retroactive,
|all within thtr prohibition of article 10,
section 1, <»f the Constitution of the United
Stales, d<•daring that no State shall pass
any law impairing the obligation of a
contract.
2. The Constitution of the United States
does not prohibit a Slate from divesting a
vested right, except when that right is ves
ted by virtue of and under, a contract of
parties.
A creditor under an ordinary contract
acquires no vested right in the property
ot his debtor, and it is Within the power of
a State to declare which of the climants
against an insolvent debtor, a stranger or
his wife and family, who, by law, have a
legal right to a support from him, shall
have preference.
4. The condition of this State in the for
mation and adoption of tlie Constitution of
1868 was anomalous, and it was competent
lor the convention and the people with the
express consent of the United States to
adopt an a part of the Constitution, the ar
ticle therein providing for the homestead,
or any other provision designed to adjust
the evils and inequalities produced by the
ravages of the war, and rhe emancipation
of the slaves; such provisions stand upon
the footing of a compact between the State
and the United States, at the close of the
war, in adjustment of the inequalities
produced between individuals by the set*
tiement imposed upon the people by the
United States.
The Constitution of 1868, was made for
a people without civil government, and no
Court es.ablished by that Constitution, can
take upon itself a jurisdiction therein de
ni' and to it, by assuming a juridiclion be
longing to some revolution. If the new
*oonstitutirn fails to carry over to the new
organization such juris liclion as is neces.
wavy to enforce a legal contract, it is a
failure, not in the power of the Judiciary
lo remedy. The evil, if it he one, is politi
cal, and rests with that, power wherein is
deposited the sovereignty of the State.
The homestead provisions of the Consti
lulion <*f 1868, is rotroractive, and applies
to judgments, executions, and decrees,
founded on debts contracted before its ad
option, even though-reduced to judgement
before that time, and is without exception,
save a; and therein provided 4
The exceptions in said provision are also
retroactive, aud cover debts of the except*
ed character whenever contracted.
Each of the exceptions is to be read in
connection with the words ‘jiidgmehtj eX
edition, and decree,” and with such other
words as. are necessary to complete the
sense, so that before such of said excep
lions is to be understood, the words “judg
ment, execution and decree, 54 founded on a
debt contracted for the purchase mouey,
eic
J. C», Brown concurred as follows: The
same propositions Wltiujj Are announced in
the case of Shoner vs. Cobb, as to,the
uial of jurisdiction of the Courts of this
State, to enforce debts for slaves of the
title thereof, are equally true and applica
ble to that part of tile new State Constitis
tut ion which secures to each family a
homestead, and delates that ho Court or
ministerial officer shall eVer tiave jurisdic
tion or authority to enforce any judgment
decree or « xccutinti against the property
so set apart, except for tax s, etc., as there
in excepted. This denial of jurisdiction
applies as well lo judgments, decrees and
executions rendered prior, as subsequent,
to the adoption of said Constitution.
Amidst the general wreck- of fortunes
and destruction of tights, caused • by the
war, 1 lie State, by fief Convention (Jaded, as
required by Congress, to forth anew State
government, bad the right to propose this
measure to the conquering government,
which had the power to approve and sanc
tion it, as a means of equalizing losses to
some extent and of retaining and inviting
population, by securing to each family a
home, free from all liens, which were ex
pected by both debtor and creditor, to have
been satisfied by property which was
sw«*pt away by the deluge of destruction
which reduced an opulent and proud pens
pie t.» poverty and drove them to the verge
of despair.
3. lu this state of things, the homestead
measure was a necessity, and its adoption
was dictated by sound public policy, to
save a large class of intelligent, patriotic
citizens and their farnlies from despondency’
by placing it in their powev again to be*
come useful members ot society, aud by
honest toil and the exercise of frugality
and economy to maintain a competency, if
not to acquire, even in a greater degree,
the c mforts of life.
4. Sotmd public policy required the
adoption of this measure as part of the
terras upon which the State was to be re
admitted to her rights in the Union, to pre
vent monopolies, and the reduction of a'
large majority of her population to a con
dition of tenancy and vassalage. While
rights and property of every othtfl* descrip
ion had been lost or destroyed by the
war, to have held that judgments, mortga
ges, etc., in the hands of note shavers aud
money lender,** were the only property that
had been insured by the government, and
that was too sacred to be toucheJ, and to
have made no arrangements, with the as*
sent of Congress, in readjusting the status
of the State, to prevent the sale by the
sheriff of the vast extent of territories in
the State covered by these old liens, at a
time when there was very little money in
the State with which to pay debts or to
purchase property, would have resulted in
the sacrifice of the lands of the State un-
der the sheriff’s hammer, and their purchase
by a few wealthy persons and companies,
which would have built up a landed aris
tocracy more lordly and controling, and
much more exacting aud oppressive, than
ever existed under the old slavery system.
Ihe Convention had a right to propose a
remedy, and Congress had a right to inter*
pose and sanction a Constitution which
prevented this great public wrong. In the
plenitude of its power over the conquered
States, Congress did so, and acted justly
and wisely in so doing.
5. That part of the Constitution of this
State which denied to the courts jurisdic
tion to enforce any judgement, execution,
etc., against the homestead, does hot vine
late the tenth section of the first article of
the Constitution of tne United States, as
the said State Constitution was formed
iitidin' the dictation and control of Congress
as the representative of the conquering
government, and this is the act of Congress
because it derives its validity from the
sanction of Congress, and not from the free
choice or consent of the State; and it mat
ters not whether the part of the State
Constitution now under consideration was
dictated by Congress or proposed by the
Convention and accepted and approved by
Congress, the legal effect is the same, as
the whole instrument was invalid aud of
no force till it was approved by Congress,
whose power is not limited by said section
of the Constitution of the United States.
6' It is not the business of the courts to
inquire whether the homestead is larger
thati was necessary. That Was a question
for the consideration of the Convention
which proposed the measure, aud for the
decision of the Congress which approved
and ratified it; >
t. The word incumbrahCes in the Ist
section of the 7th article of the Goustitu*
tion of this Btate is not to be construed in
its broad legal sense, and to embrace all
judgments, decrees, mortgages and execu
tions. To say that no court or ministerial
officer in this State shall ever have jurisdic-
tion or aulhofity to enfoi'Ce any judgment,
decree or execution against said property
so set apart as a homestead* CkCept that
they may enforce all ‘incumbrances there
on,* which means any and ail judgments,
decrees and executions which may at any
time cfcist against the same, is tti say that
the Convention and the Congress Were
guilty of the absurdity of deny mg jurisdic
tion in -all such cases by the body of the act
aud restoring it by the proviso at except
tion; which is contrary to all true rules of
construction.
We are to construe this part of the
Constitution in connection with the whole
instrument, when we are attempting to as
certain what the law-givers meant; Taking
the whole together as proposed by the Con
vention, ail jurisdiction was denied to the
Courts to enforce any judgment, execution
or decree rendered upon any Contract made
prior to June, iß6a>, except i» certain eis
cepted cases. Now, it seems quite clear
after this denial' of jurisdiction, that they
did not intend by the use of the Word in
cumbranues, in the section now under con
sideration, to restore the jurisdiction in all
esses where it might authorize the sale of
the homestead; the protection of which was
one of the special objects of their labpi* and
care. . „
Warner, J., dissenting.—The first sec
tion of the seventh article outlie Cotistitus
tion of this State declares, that *'oach head
<>f a family, or guardian, or trustee of a
family of minor children, shall he entitled
to a homestead of realty to the vaTtRTW
iwo thousand dollars in specie, and perso*
nal property to. the value of one thousand
dollars in specie, both to be valued at the
time th<y are set apart. And no Court, or
ministerial officer it* this State, shaft ever
have jurisdiction or'-authority, to euforco
any judgment, decree, or execution,against
said property so sot apart, including such
improvements as may be made thereon from
time to time, except for taxes, money bor—
rowed and expended improvemetrtof
the homestead, or for the purchase money
of the same, and for iabor done thereon, oC
material furnished therefor, or removal of
encumbrances thereon.
NO. 19.
Although the foregoing provision of the
Constitution does not, in express terms,
elude contracts made prior to its adoption
still the words employed are broad enough
to include judgments obtained on contracts
made before that time. All remedy is de
nied for the enforcement of “any judgment*
by denying jurisdiction to the Courts. If it
was intended that this provision
Constitution should have a retroactive
eration, and apply to past contracts, then
it is ex post facto in character, and is viola*
tive ot the fundamental principles of the
social compact, as it was held and decided"
by this Court in the case of Wilder vs.
Lumpkin—4th Ga. Rept’s, 208—and also
is in violation of the fundamental pritici*
pies declared by the first, fifth and twenty -
sixths sections of the first article of the
ConstHution 1868. This provision of the
Constitution takes property of the value of
three thousand dollars in specie, which was
subject to the payment of the debts of the
creditors at the time the contract was made
under the then existing laws of the State,
and which in honesty and fair dealing;
justly belonged to him, and without, his
consent, transfers it to the debtor. When
we take into consideration the gross and
flagrant injustice which will be done, by
making the general words of the Constitu
tion embrace past contracts, we ought as a
Court in all deceney to presume, that it was
intended by the framers thereof to have a
retrospective operatiou, but only applicable
to such judgments as might be obtained on
contracts made after its adoption. But if
it was intended, to embrace judgments on
contracts made prior to its adoption, then
this provision of the State Constitution is
in violation of the 10th section of the first
article of the Constitution of the United
States, which declares that “No State shall
pass any law impairing obligation of eon*
tracts.’* Although, the Coustitutioir of a
State is its fundamental law, still it is a law of*
the State, and if any of its provisions impair,
or destroy the obligation of contrats, it is
as much within the prohibition of the Con
stitution of the U. S», as any other of the
State, and to that extent is null and void.
The first section of the seventh article of
the Constitution of the State of Georgia,in
my judgment, not only impairs the
tion of the contracts made prior to its
adoption; but in all cases where the debtors'
property does not exceed in value the sum
of three thousand dollars in specie, it de
stroys that obligation by the denial.to one
of the Contracting parties all remedy for its
enforcement under the laws, which
at the time the contract was made, and is
therefore, a palpable violation of the Con
stitution of the tlni ted States which is the
supreme law of the land—and Consequently
is null and Void. This clause
does not therefore defeat, or take aWay,
the jurisdiction of the Superior Courts “in
all civil cases’* as expressly conferred by
the third section of the fifth article off tffe
Constitution of 1868;
Toombs and Dubose, for plaintiff in error t
Wttt. Keese for defendant in error.
A GfiJnskAt; Crop FAiLuRPh—We beKetet
the crop failure, with here and there a for*
tunate exception, is general all over the
country, Georgia, on the whole, Will prob
ably come off a good deal above the aver*
age; We will harvest half a supply of
corn, and We hope as much cotton as was
made last year. The accounts are bad, bttfi >
still we hope to do as well as, if tio better,
than last year. From the North the Coro-"
plaints of drought are terrible. From thfc,
Georgia line, up through Bast Tennessee
to the Potomac, Corn is almost a tot at fail
ure. In Pennsylvania the Press says:
It is now a sad sight for the farmers to
witness giant stalks bending With upright
fruitage, withering under a scorching suit
—the heavens persistently refusing tb&
stimulus of a shower.
In nearly all the middle and Western
States accounts are quite as unfavorable.-
Macon TeUegrupk.
There is said to be a grape vine near
Santa Barbara, California, the trunk of
which measures thirteen inches in diame*
ter, the branches covering- an area of gig*
ty-five feet in diameter. Jt is trained apt*
on a trellis-work supported by
posts. It Is stated that the vine last sen
son yielded six tons of grapes, which,
brought $260. The vine is twenty fou*
years old. Anoth vine.er trellised in tbei
came way. eleveu years old, bids fair t»*
outstrip the old one. It now covers a£
area of thirty feet, ia di^met/VC*
j ♦ * 1