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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&GTitiDir 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