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GEORGIA WEEKLY OPINION.
THE WEEKLY OPINION.
BY W. L. 8CBOOOE A HD J. B. DOMBLK.
THUBHDAY MOUNING::::;:HEPT. 19.
lurORTAXT Legal Decision.—The de
cision of Judge Eiiskinb, which wc pub
lish this morning, will arrest the attention
of/he Intelligent reader. It touches upon
sRdnta of momentous Interest to both debt-
fun and creditors.
Tlic clear und logical manner In which
this decision Is pronounced, is worthy the
learning and high legal attainments of the
presiding Justice. We bespeak for It an
attentive perusal by the public.
£sg" A private dispatch received by the ed
itors, dated Carterivlllc, Sept, 11, says: Gov.
Drown spoke here to-day for two and a
half hours, producing the most happy re
sults.
Personal.—Yesterday wo noticed that
eloquent orator and emlnont Jurist, the
lion. O. A. Loclirane, of Macon. In attend
ance upon the bar of the United States
District Court.
New Corn .—The first load of new corn
of the crop of 1807, produced In this too-
tlon of the Htute, was brought to the city
yesterday. It was raised In IieKmlb coun
ty. and is a fine, well developed specimen
■of tlic “staff of life.” Bully for old De-
Kalb!
and nothing to lose by a speedy restora
tion of tho State to the rights and privileges
of thcUnlon. And since this restoration can
take place only through Congressional en
actments, they are disposed to uooepc the
present, rather than take the chances of
another Plan, whirl, may Impose harsher
conditions. A candid and unprejudiced
review of the past has led to tlie conviction
that, but for Mr. Johksok’s ambition and
been restored to the Union, and tho wounds
of aeetlonal strife well nigh healed. Ilcnce
they are no longer disposed to obey the
beck and call of one who has boon Instru
mental In protracting a period of proba
tion, uncertainty, and financial distress.
Tur, StateEoad.—Wo had the pleasure,
a few days Blnco, of prssingover tills Hoad
and the opportunity of noticing the condi
tion of the track nud the numerous bridges
between this city and Dalton. We do
not remember to have ever seen the Hood
In so fine a condition. The bridges hove
been thoroughly overhauled, and many
have been rebuilt anew. There appears to
be no patqli work about them, but every
thing Is' sulistantlal. safe and durable. The
track is In most excellent condition. The
cars are new, clegantand comfortable. The
rolling stock Is of the best quality, and the
whole management of the ltoad under the
most perfect system. We saw no road be
tween this and Washington that,appeared
to bo In us fine order; none on which the
jiassenger coaches were so comfortable. I
reminds one of the roads between Wash'
ington and New York, whose elegant
coaches and smooth track have become so
common a theme of remark. Major Wal-
BunaLAiiv.—Wc understand that another
burglary was committed Tuesday night In
tho Eastern portion of the city. The ex
tent of the losses sustained, or the name of! lace and Mr. l’eck deserve Veil of the
Its sufferer, wo did not ascertain. State for the very able and faithful manner
I in which theyhavo discharged their du
ties.
BOHESTY THE BEST POLICY.
Some of tho reactionary papers In this . ..
section are courting suppression. They,™"" •» * h « '"«“*£•' h "” n **“'
have derived tlieir exlstcnco heretofore —
from official patronage. So long as the! The corrcpondence between Gen. Sick-
Johnson party were In power, they had a I “ •*» clv “ "forUics of North Caro-
leasc of life. Now that that party baa lost “»*< 1M ln
position, and the official patronage has! St “<» wl ‘ th ° ■““»*. >' M
been withdrawn, they see starvation and i l* ubllc ’ U reveals some Interesting facts,
death staring them In the face. To save
their credit, and to bo able to offera plausi
ble pretext to creditors, they aspire to
martyrdom. They hope to bo saved from
the slow but sure death by starvation, by
provoking Gen. Dors to suppress them.
In this they will bo disappointed.—
The District Commander will not con
form to their wishes. Ho will allow
them to dlo a natural death. They may
continue to abuse and misrepresent him.—
IIo smiles at their impotent rage. He con
templates their transparent schemes for
self-destruction with indifference. Ho fully
understands the part they are playing.—
There Is no balm In GUoad for you, gentle
men. Your efforts to secure the continua
tion of Government patronago, through
your hypocritical pretensions of support
ing measures which you now denounce. Is
well-understood. Few persona have been
deceived by your pretended adherence
to Hcconstructlon; and now that you have
thrown off the mask, the veriest dullard
can lhtliom tlic modes* which has prompted
your coarse. You opposed qualified negro
suffrage and universal amnesty twelve
months ago, because you were stupid
enough to believe that Andrew Johnson
could restore the fallen dynasty. You op
posed the constitutional amendment in
October lost, because Governor Jxxxtxs
opposed it, and because you were doing
Ills work. You opposed the Congres
sional l’lan of Deconstruction until you
thought it an accomplished fact. You
then became alarmed for your official pat
ronage, and made an awkward attempt to
change front. You proclaimed In favor of
Deconstruction under the Bushman Act.
You did not cut loose from yourold organ
isation, aud link your destinies with the
Deconstruction party. No, Indeed; yon
attempted to run both schedules—endeav
ored to go just far enough to secure the
patronage of the new government, but not
far enough tolose the patronage of adecay-
ing dynasty. In this way you soon began
to stink In the nostrils of the honest men
of both parties. Yon lost the confidence
of tho old party, and failed to secure that
of the new.
And now that you are thrown upon tho
patronage of tho public which never sus
tained you, you denounce the whole schenie
of Reconstruction, denounce and misrep
resent Gen. Port, denounce your superiors
who have been consistent advocates of Re
construction, and do all this ln tho hope of
being suppressed. Your schemo will flail.
Continue to say what you please. Wo pre
dict that yon will not bo Interfkrcd with.
MB. JOHHSOH’I HEW PROGRAMME.
The recent course of President Johnson
provokes but little commont, and Inspires
less hope among hit followers In Goorgla.
They have hoped too often already. Re
peated disappointments, growing out of
hopes Inspired by Executive policy, havo
mado men cautions ln embracing now
schemes. Tho Philadelphia Convention
fiasco, tho trip “round tho circle” to
Chicago, the result of tho fall elections,
and tho defeat of three successive measures
by Congress, havo lost Mr. JonNsox tho
confidence of thoso who once adhered to
hla administration. Men aro beginning to
reflect seriously upon tho consequences of
this fruitless opposition,to tlio oft ex-
pressed wishes of thc^fojtlicrn people. Tlio
President's policy ba; servod to keop thorn
out of,the Union, and'tlio'longer the
Southern States remain unrepresented
In tho Government,, the poorer^ they be
come. Business men and property-holders
are beginning to realize the danger of thus
hanging upon the verge of tho Government,
sharing none of Its confidence and denied
all Its privileges. They hnvo awakened to
the fact that wc have everything to gain
connected with tho unfortunate affair, and
Includcs.the opinion of Chief Justice Chase,
delivered at ltolelgh, In June last, regard
ing the relations of the United States
Courts to the Reconstruction acts.
The following.Is the first letter of the
United States Marshal to General Sickles
“Omen or the U. S. Marshal, )
Raleigh, N. C., July 30, ,1807.)
••Sir: I have tlie honor’to Inclose a copy
of an order from one of your subordinates
to ray deputy at Wilmington, which for
bids the enforcement of an execution of
the June term of the Unttcd States Circuit
Court. In this, I feel assured that he Is
mistaken, slneo I cannot supposo that you
would undertake to set aside any law of
the Government to which you owe nllegl-
nuce. 1 am strengthened In this view of
the case by the opinion of the Chief Jua-
•' * ” ’to tlie bar In this city st the
tlce, delivered .
opening of tlie Court.
- You aro aware that my duty Is to obey
the laws of the Unttcd States, and, as I, at
tho same time, greatly desire to avoid a
collision between the civil and military au
thorities, I have directed my deputy to
suspend the execution of tlio writ until
you can be Informed of the facts.
“I have the honor to be, very respect-
folly, u Di!OEL It, Goodloe. w
, Central Sickles, ln reply, soficlto a cor./
of the opinion of Justice Chose, and the
nature of the process Issued from his Court,
to which tho Marshal thus replied:
“United States Marshal’s OmcBJ
llALEtair, August 20,1807. J
“Sir : As I cannot recognlzo tho right of
the military authorities to obstruct or in
quire Into tho nature of tho process of the
United States Courts, put Into my hands, I
must decline to give tho Information called
fur, os to where and when the final process
of execution Issued. Tlie address of the
Chief Justice to the bar was published In
the newspapers of tlie State about the 10th
of June, and can doubtless be found at
Wilmington.
“Daniel R. Goodlok.”
General Sickles, however, finally obtain
ed tho record of the Court, and laid the
matter before the Judge Advocate of the
Second Military District, who summed up
tho legal points as follows:
“First. That a revocation of General
Order No. 10 would be grievously prejudi
cial to tho Interests or the people of the
Carolines.
“Second. That It docs not appear that
any conflict exists between the United
States Circuit Court for North Carolina
and tho military commander of this dis
trict, but merely a collision with tho Mar
shal, prematurely forced by the latter.
“Third. That (t Is reasonable to bcllevo
that Chief Justice Chase, with tlio question
before him, will compare tho proceedings
on final process, to tho local law, u modi
fied by the commanding General.
“Fourth. That Congress Intended to make
the military ln these districts paramount to
all other departmenU of tho Government.
“Fifth. That to concede to tho United
States Courts authority to overrule tho
military commander, will be apt to lead to
substantial nullification of the
tlon Acts."
On this opinion General Sickles bassd
Ills report Just published. Tlie remainder
of tho correapondcnce relates to merely
S rraal details between the commanding
mcral snd hi* subordinate officers.
The above, with tho telegraphic corres
pondence already published between Gen
erals Grant aud Sleklcs, makes the olUcial
history of tho caso complete.
The Indian Wab.—A letter from Fort
Rindall reports thst General Shorma
with the Peace Commissioners, had reachc._
there on the evening of the 3d. Tho Com
missioners met a number of tho chiefs of
the Northern Sioux at Fort Sully, somo of
whom were disposed to return to tho re
servations. An appointment was made
with the chiefs of the Santee Sioux to meet
tho Commissioners at Yankton, wlicro a
treaty will bo made. The Commissioners
expected to return to Omaha by the 10th.
Rain.—A gentleman who kopt tho run
of tlio weather Informs us that there were
twenty-six ralnyilaysln the month of Au
gust. What year can heat that, and wlmt
have tho cotton bears to say i—Maom Tel-
«»«**• . ;
CJjTTho editor of on Ohio paper says
that tho heavens wero black, one day last
week, with wild geeso Hying South, and
consequently presages that winter will be
here In September.
glu—September Term, 1867
Ann V. Martin, a citizen of Mississippi, **.
The Bartow Iron Woxts.
EUSK1NK. J.—This Is tn action of debt,
brought by tlio plaintiff against thedefond-
ant, on a sealed Instrument, of which tho
following It a copy:
-63.0007—011 or before tho twenty-fifth
■lay of December next I promise to pay
Ann V. Martin, or order, three thousand
dollars, for value received, *a witness my
hand and seal. Alstoona, January Otli, 1801.
(Signed) S. J. HlGUTOWER, [L. s.j
SupcrlntendontBartow Iron Works.”
To this action, defendant pleadod nine
pleas. The first wan withdrawn. Dupli
cations were filed to the fifth and sixth, und
Issue Joined. Spoclal demurrers—several of
which contained substantial objections,
also—were put In to the second, third,
fourth, seventh, eighth and ninth pleas.
Defendant In his second pica, alleges a
total failure of consideration, and sets up
affirmatively that tha promise was made to
the plaintiff In consideration of the hint
of twenty negro men. to work for de
fendant at the Iron Works In Bartow
connty, Georgia, for the year 1801, and that
it wo* agreed as a parr of the contract of
hlrelng that If tlio Federal army approach
ed near said county, defendant was to re
mora these hired men and their fitmllles,
at tho expenae of plaintiff, and that no
hire should be paid fur tlie time lost by
reason of said removal. Defendant then
aver* thattho contingency thus provided
for happened, and that ho removed them to
Macau, Georgia, anil that thore they wen
taken jiossesalon of by the authorities of
the so-rolled Confederate States; and that
lie received no hire nor other benefit from
their services.
Tho third plea alleges a partial fiilluro of
consideration; but It b, In all other respects,
substantially like the preceding ouc.
Tho demurrer to tho second plea presents
the following objections: That the pica Is
double In this: that it contains several dls-
t : nct mutters of defense, and that plaintiff
c .nnot take or offer any certain Issno upon
said plea. Also, that defendant attempts
to set up and plead a failure of considera
tion, and that the matters therein contained,
In manner and form as therein pleaded, aro
net sufficient, ln law, to show a failure of
consideration, and that plaintiff 1s not
law, bound to answer the same. Then
lows tho usual (but I apprehend use
less) formula, that the plea Is Inartlflcially
pleaded, and Is, In other respects, unccr-
Tbo objections taken In the demurrer to
tlio third pica aro In language similar, anil
arc stated substantially, in like manner, as
those to the second plea.
Before giving the opinion of the Court
on the legal sufficiency or insulUclcncy of
tho pleadings in this case, I trust I
not bo deemed obtrusive by the bar
state (briefly) that the long and verbose
manner in which pleadings aro frequently
drawn, is unnecessarily laborious to the
draftsmen and fatiguing to the reader.
Take, for example, tho precedent for a gen
eral demurrer, as printed In the earlier edi
tions of Chltty-aml ln other works on Plead
ing, and It will bo found attenuated to some
dozen or fifteen lines; whereas, It would
be as sufficient by the rules of good plead
ing, as understood by the fathers of tho
law, and equally as Intelligible, If set forth
lntwo or three. A general demurrer In the
following form would, I think, bo suffi
cient In tlio case under consideration:
Ann V. Martin ei. The Bartow Iron
Works.
And the plaintiff, by her attorneys, Ham
mond, Myuattand Wellburu, says thattho
second, tlilrd, fourth, seventh, eighth and
ninth pleas are not sufficient In law.
Vide Stephen on Pleading, 44,8thAmeri-
can edition*
A general demurrer enables tho party to
assail every substantial Imperfection In
the pleading of the opposite aide without
particularizing any or them ln bis demur
rer. But If ho thinks proper to point out
tho faults ln the demurrer, this does not
vitiate It.
A special demurrer goes to the structure
jerely and not to the substance, and It
must distinctly and particularly spoclfy
wherein tho defect lies; aud, indeed, tho
statute, (27 Ells, and 4 and S Anne) as It Is
said, oblige tho party demurring, to lay, as
it were, his finger on tho very point, other
wise the demurrer may not be noticed.
1 Salk. 21#; 1 Wlls. 210; Snyder v.Croy,4
Johns B. 428.
When a party demurs specially, ho may,
In argument, attack substantial errors also.
The first point made In the demurrer to tho
second plea Is, that It “Is double In this,
that It contains several distinct matters of
defonse; and also that said plaintiff can
not take or offer any certain Issue upon
said second plea.” It is an ancient and
well settled rale that If a pleading bo dou
ble, It Is bad in special demurrer; hut the
imperfection must, as we have seen, be
pointed ont ln the demurrer. It Is not
sufficient to say that the plea Is double,
or that It contains two, or several
distinct matters; but tho pleader must apo-
clally show wherein the duplicity consists;
S TIdd.Pr. 604), for, by pointing out tho
ult, the adverse party may amend, if he
choose, or demand the Judgment of the
Court on Its sufficiency.
The objection for doublcness taken to the
second pica has, and in like manner, been
also taken to tho third. This miking tho
law equally applicable to tho one os to the
other, both may b* passed upon together.
Hus the plaintiff In this part or.dlvAlon
of her demurrers to these pleas, or to cither
of tnem, come within tho letter or the spirit
of the rulo laid down 7 I think not. No du
plicity—If there be any In ono or both of
these pleas—has been pointed out In the
demurrer, or disclosed in tho argument.
Another objection—and It goes to tho
substance—Is taken to the second and third
pleas, namely—that defendant has attemp
ted to set up ln tho second a total fidluro of
consideration, and ln the third a partial
(hllure. And Mr. Mynatt, ln an ablo argu
ment, contended that neither of these
defenses could be pleaded to n specialty.
Such, doubtless. Is the rulo of the common
law.es generally understood In England:
but with us It has, in several of the States,
been changed or modified by statutes;
while ln others, learned Courts liavo, ln a
greater or less degraa, relaxed this right
rule, that substantial justice may bo dono
speedily, and with as llttlo tecbnlcaUitl-
gatlon as possible, and without circuity of
action.
Whether tho writing sued on In this
action has all the attributes of the spelalty
of tho common law, Is not a question di
rectly before tho Court for determination.
The writing was executed In Georgia, and
tho contract was to he performed here; and
the Instrument being of a peculiar charac
ter, and not, strictly speaking, commerelal
paper, governed by tho law merchant—
though the promise Is absolute, payablo to
order, and tho sum ccrtalu—It ought to bo
given effect to, and adjudged agreeably to
tho local law, and the construction given
to such instruments by the local trlbunala.
Swift v.Tyson, 16 Peters, L
Tho distinction between specialties and
slmplo contracts should bo careftiUy pre
served by tho Court’, wbcrotbclr dignity
has not bocn Interfered with by legislative
enactments, for ln tho payment of debts
ot deceased persons, and In other cases, the
law makes a distinction. But by thu 25th
section of the act of 179# (Cobb.* Digest,
1135),promissory notes snd othcrlbpildated
demands, are made of saw) dignity
with- bonds and other specialties.—
Tlio act of December 38, 18M (lb.
■10U), enables defendants to give ln
evidence a partial failure of consideration
in any contract, provided that It ;bc
pleaded only In such cases and under such
olrcumrtances, and between such partlos,
as would now allow and admit tho plea of
total Allure of consideration.
Alberson ct al. v. Holloway, for use, etc,
10 Georgia, 377, was a suit on an Instru
ment ln nearly every re-pect, Uke this.—
The defendant pleaded, among other de
fenses, a partial failure of conaidcratiou.
Plaintiff objected, on tlio ground that no
fraud or Illegality was alleged In tho cons
tract the same I icing under scat The
Court below sustained tho objection. A
writ of orror was taken, and tlie case went
re the Supreme Court of the State, and
versed the judgment Tho opinion of
ourt was delivered by Starnks.J-wIio,
commenting on tlie anomalous status
of tho Instrument, used the following lan
guage: “ Yet” said the Judge, “wo know
that the rule we have been considering has
not been applied to ordinary promlsory
notes, but that It has been the Immemorial
practice Inour State toaUow pleas of total
failure of consideration) and of psrtlsl
failure since the net of 1638) to suits on
such notes.” From this It would seem to
be tlio settled law of this State, that total
aa well as partial failure of consideration
affords u good defense to writings wbich
aro Commonly known as sealed notes or
single bills. And lean ice no sound rea
son why matters which destroy tho de
mand, as well as those which go to diminish
It, may not be pleaded ln defense of this ac
tion.
Withers v: Greene, 19 How. 219, action
of debt on n alnglo bill, This cause was
brought by writ of error from the Circuit
Court of tho United States for tho Southern
District of Alabama to the Supreme Court.
Tho law of that State places bonds or
any writing under seal, on tlio footing of
promissory notes, and allows de”endants,by
special plea, to impeach or go Into the con-
alderatlonof such bond ln the same man
ner as If the writing had not been scaled.
The opinion of the Supremo Court was
pronounced by Mr. Justice Danizll, who,
after reviewing tlie English aud American
cases, allowing a relaxation of the old rulos,
and allowing tho defendant to obtain jus
tice in this way, Instead of driving him to
a cross action, said: “But, how
ever tho rule laid down by the Courts
iu England should lw understood.
It has repeatedly been decided by learned
and able Judges In our own country, when
acting, too, not In virtue of a statutory
license or provision, but upon the principle
of justice and convenience, and with a
view of preventing litigation and expense,
that where fraud has occurred In obtaining
or in the performance of contracts, or
where there has been a failure of considera
tion, total or partial, or a breach of war
ranty, fraudulent or otherwise, all or any
of these facts may bu rolled on lu defense
by nparty when sued upon contracts; and
that he shaU not be driven to assert them
Dither for protection orasa ground of com
pensation In a cross action.” The
uoctrlno hero enunciated was reiter
ated and approved In Van Buren v. Diggs,
11 How, 4(1*: and again lu Winder v. Cald
well, 14 Id.&4.
The demurrers to the second aud third
pleas aro overruled.
The fourth plea status that the consider
ation for the promise has entirely failed, in
this: that tho note was given for tho hire
of twenty nogiv men claimed by the plain-
til)', at the time of said hiring, as slaves,
but were, ln fact, free, having been so de
clared by the laws of tho United States,
and proclamations of tho President thereof,
before tho time of said hiring.
Plaintiff In the demurrer to this plea,
says, that tho matters, and things therein
contained, in maimer and form as set forth,
do not amount, In law, to a failure of con
sideration. Also, that the plea consists al
together of matters of law upon which no
ape or material Issuo can be taken; and
that the pica Is argumentative, uncertain,
and insufficient.
The facts sot forth ln tills pica do not
S tuto a failure of consideration.
tthat the plaintiff did claim these
men as slaves, notwithstanding they wero
free, this would not affect the oontraot;
for they may first have hired themselves to
{ ilalnttfi; and by their consent, express or
mpltcd, Slip may have transferred their
labor to defendant. Or plalutlff may have
acted os their agent tn hiring them to de
fendant, snd may have taken tho note pay
able to herself In trust for them. Besides
there 1* no averment whatever that the
contract was not fulfilled on the part of the
plaintiff The remainder of the demurrer
goes to matters of form generally.
The demurrer to tha fourth plea must be
sustained.
The seventh plea says that the conside
ration for tho promise la Ulcgal, for, that It
was made for the hire of negroes, at Bar
tow county, Georgia, In January, 1884, and
that the contract was in violation of both
tho letter and spirit of the laws of tlio
United States, and tlio proclamations of
the President thereof.
Plaintiffs demurrer alleges that tho mat
ters above contained do not support tho
ilea of illcgalconsldcratlon. Tho rcraaln-
Icr of the demurrer la addressed to tho
structure of tho pics*
The demurrer la well takon. Tholilrlngof
theso men by the plaintiff to tho defendant
ln tho State of Georgia, In 1861, was not vio
lative of any law or tho United States, or
any Proclamation of the President And
indeed, tho President In the Emancipation
Proclamation, dated January the first, A.
0., 1883, recommends to the freedmen “that
In all eases, where allowed, they labor
argued for defendant—cited and comment
ed on the following authorities: 16 How,
330 ; 9 Crancli, 212; iWUU45; 11 Wheat,
Contracts,93-98; Chltfy on Contracts,CS0;
end Smith’s L. C., 423.
Mr. Pont In his brief, referred to 8te-
Counsel m plaintiff presented the fol
lowing authorities lu support of the de
murrer: Stephen on Pleading, 348,381,387.
Chltty on Contracts, 670,676. 2 Kent, 10th
ed« 838, note, ■ ’ •
The Court will direct it* attention to the
tat point taken in the demurrer.
Tho plea Is, perhaps, too general In Its
structure, snd otherwise deficient ln form,
If toted by thu rule* of pleading; but If
the formal faults—If there are any ln the
^ be not specially pointed out. It must
udged certain to a common Intent—
this being nil that Is required inn pica In
In resolving this plea, tho Court must
look to Its language alone for the meaning
Of defendant; and none of tlie other pleas
pleaded, nor any part of them, can be In
voked to thl In the interpretation and con
struction of this, or In explaining the Im
port of any word of pli.ato used ln It.—
Each plea must stand on its own merit*.
If this contract, when entered Into, was
ln violation of the policy of tho Govern
ment, it la vicious and invalid, and can find
no favor ln tho Courts. Mr. Chief Justlco
MARSUALLjn Armstrong v.Tolci - ,ll Wheat,
253, said: “ No principle la better settled
than that no action oan be maintained on a
contract, the consideration of which U ei
ther wicked ln ltsclforprohlbltcdbylaw,”
And In Tool Company v. Norris, 2 Wall.,
45, Mr. Justlco Field—In speaking of con
tracts void aa against publlo policy—said:
“The law looks to tho general tondoncy of
such agreements; aiidlt doses the door to
temptation, by refusing them recognition
Inanyof the Court* of the country.”
The gist of tho agreement of the parties,
as stated In the plea—and this statement,
as pleaded, Is admitted by tho demurrer—
was, “that defondant was to remove said
negroes array, and to keep them removed,
from tho territory that was within tho
lines of tho Federal army, with a view and
design of preventing tlie liberation of said
uegroes from their former state of servi
tude.” It needs no argument to show that
this agreement (mode In 1804) was in con
travention of tho previously settled policy
of tho Government and wicked In Itself.
The demurrer cannot be sustained.
Tho ninth and last plea Is a* follows:
That the promise aforesaid was lUogal and
void ln this, that it was the express un
derstanding and agreement, at the time
said promlso was given, that tho payment
of tho amount so promised should be
made in what was denominated Confeder
ate Treasury Notes, which currency dc-
fendedant saya was prol • • ■
circulate, verification.
TKI.ECBAP1IIC INTELLIGEHCE.
rtora tbo N«w York Prpss Ac-oclztfoa.
Washington, Sept. 11.—Tho heavy Re-
pubiloan lest In Mine creates intense ex«
... — — which last
rats, Is now
States—-Sew t’ortq Pennsylvania anA
Ohio—are claimed as certain, tn! the de
feat of negro suffrage in Ohio seems eon-
ceded.
An Omaha dia-
plca
Is double—containing several and distinct
matters of defense, and that no certain
Issue can bo taken thureon. Second, that
the matters and things contained In the
plea, as therein set forth, are Insufficient, In
law, to show Illegality of consideration,
etc.
whether Confederal ,
prohibited by law to clroulato; for it Is
alleged that plaintiff agreed to reoelve,
for tbo amount promised. Confederate
Treasury Notes. T.r
canhot come Into tl.isi .un-i- a-l. ■<
taent for nosey.
Demurrer ovurulcd; and judgment, ,\il
I .spot, and, driv-
mk off tins guard stationed there, got very
^Tnternal Revcnuo receipt* to-d*y 6271;
the Attorney General’soffle»
show 1£00 pardon* previous to the ecent
amnesty.
It Is Questioned whether brevet rank
above Brigadier General Is excluded from
amnesty, uid whether the term agents
excludes those who were abroad to tell
bonds and cotton.
There it no Immediate prospect of Cabi
net changes, though tho pressure con
tinues.
Bangor, Ms. Sept ID—The result of tho
, 28JJOO, has
been nearly, If not entirely overcome, and
It wUl take some days to decide certainly
whether the ltepubllcan candidate forUov-
these men to defendant, and the men hiring
themselves to defendant No averment fi
made that they did not consent to bo so
hired, nor that tho contract Is unperformed
on tho part of tho plaint!II'.
Tho eighth pica alleges that tho consid
eration lor tho promlso was illegal—being
contrary to tho publlo policy oi the Gov
ernment of tho United States; that It was
made for the hire of negroes as slaves, and
defendant avers that It was a part of the
consideration of tlm contract that defen
dant was to remove said negroes away and
* i them removed, from territ *
lines of tho Federal army, \
ana design of preventing their lmeruiton
from their former statoof servltude,and that
previously to the time of the making of
said contract, the Government bad deter
mined upon, adopted and established tho
policy of liberating said negroes from their
former state of servitude.
• Demurrer to this plea: First, that the
pica contains no sufficient allegation of
Illegal consideration; and, secondly, that
no mutter of fact has been alleged
or sliown In bar of tha action, but
that it consists altogether of matters of
law; and that It Is argumentative, evasive,
double, etc.
Ex-Governor Joseph £, Bboitn—ivho
jmond, Mynatt and Welbobn. for
Plaintiff.
Brown <£ Pore, for Dofcwlant.
IfflecellittiooUA,
Governor Baker, of Indianu, has. Issuod
writs of election to fill vacancies ln the
Legislature. Tills Is supposed to Indicate
* probability of it call for an oxtra ses
sion.
In assuming command of tbo Fifth Mili
tary District, Gen. Griffin says aU existing
orders remain In force. District and staff
officers will continue to perform their cus
tomary duties at headquarters In New Or
leans until further orders.
Last week 080 Immigrant* passed through
Columbus, 229 of them Intending to locate
in Ohio, 200 tn Indiana, 233 in Missouri, 78
in Kentucky, and tho remainder ln other
Western States.
The Kentucky Bourbon Company’sstore-
bouse In New York, containing . MOO bar
rels whisky, was seized Saturday, under an
alleged violation of the Internal revenno
act.
A train on the North-Western Railroad,
tn tho Western part of Iowa, was delayed
on Saturday one hour and a quarter by
grasshoppers, which covered the track so
thick that the englno drivers slipped on the
rail.
No Love Powders yob Her.—Tho first
day after the arrival of the Camp Bunt
party from this city. In Covington County,
the boys woro visited by two of the “plney
woods” girls. After a pleasant chit-chat,
and when about to depart, thor wore In
vited to take a social glass. This they
readily accepted, and our handsome young
druggist friend went to work to fix up
something extra ntco for tlie Air visitors.
They eyed him very closely during the
operation, showing most concern ln re
gard to the grating of tho nutmeg to finish
off thu drinks. Tho glasses wero banded
to them, but tho unmarried female hest-
tated awhile before nutting It to her Ups.
Finally, she turned her back and waa ob
served blowing off the nutmqr before
gulping down tho draught. Tlio boya
couldn't divine the cause of hor hesitancy,
or tho object of her blowing. In a day or
two, however, It was explained, to their
amusement, by some young men from tho
same house. They said tlio “gals” thought
them cook-tails couldn’t be beat, but that
the youngest ono declared she was too
sharp for thntfino“city buck" who fixed
them up. "He couldn’t get her to drink
his lovo powders what ho put on the top
of the dram; ho couldn’t come it over her
if she was a ‘nincy woods tackcyl’ No
love powders for her.”—HonUjornenj (Ala.)
Perils or Fashionable Lire.—Tho New
York Gazette, startlingly says: “Sad aro
the stories that float in upon us from the
carnival of lifo at Long Branch, Saratoga,
and other of the fashionable summer re
sorts. Frivolities we expect. A measurable
amount of dancing and gayety is not sur
prising. But wo do not look for such rc-
ports-as those which are left to appal us by
ernof.Is elected. 5Sp counties of York.
Knox, Lincoln, Washington nnd Aro-toot
havo certainly been gamed by the Demo
crats, and others aro in doubt.
New Orleans, Sept. 11.—Tho number of
deaths of yellow fever for the twenty-four
hours ending at six o’clock tbl* morning,
ln this city, was reported to bo sixty-
lie Common ConncU last night, tlie
election of Assistant BecordCrs resulted In
tho choice of throb negroes and ono white
man. Several other vacancies ln munici
pal offices were filled by tho. appointment
of colored men.
Galveston advices of to-day report that
tha Rev. J. P. Parham, President of the
Howard Association, Corpus Christ!, died
August 20th.
Samuel Adams, Assistant Surgeon, Uni
ted States Army, died on the 9th Inst, st
Galveston.
On the same date there were thirty cases
of yellow fever in that city resulting in
death.
Ten cases of yellow fever were admitted
Into tho hospital here to-day from the rev
enue cutter Delaware.
The feVcr hat appeared at Lagrange,
Brcnhani, and a number of other interior
towns.
Wllminoton, Sept. 11.—Weather cloudy
with daily rains.
Savannah, Sept. 11.—There has been a
heavy rain storm hero all day.
Ono house .was struck bylightnig and
badly damaged.
Mrs. C. Roclip was killed on the track of
tho Albany and Gulf Railroad near the
‘jpot.
Travel uninterrupted.
New Yonx, Sept. 11.—The Commercial
undentands that several Atel cases of
cholera have occurred among tho troops at
Govornor> Island. The disease prevails
here alarmingly. No communication with
the city. A ratal case is reported at West
39th street. ;
Kiciimond, Sept. 11—Gcu. Schofield
Issued an order to-day, detailing Col. H. B.
Burnham, Judge Advocate U. S. A„ to act
t«.Tudcc of the Court of Hustings o» this
Till* ruUKives tlie nwi-r-ity for an
I -e-cthm by ilic |K:,tple to fill me vacancy
ei.-castuiH.-il liy tlio death of Judge Lyons.
WRshlnRton Items.
A Washlngtou letter of the 8th says:
It A uhderitood that delay in action
upon the removal or suspension of Judge
llolt Is chusod by ’doubts as to the proper
construction of the law creating tho Bu
reau of Military Justice and theoffico of
Judge Advocate Genera’.. ,
The act Is, iu certain particulars, regard
ed by some as a sort or hybrid, partaking
both of the civil and tho military, and thu
difficulty A found in determining from Its
language whether, ln order torclclvcor
remove the Judge Advocate General, he
must bo regularly tried and convicted upon
charges before a military court,or whether
he can bo relieved from duty by a slmplo
ordcrof tho President, or,further, whether
his case comes within tlie rules of tho ten
ure of civil ollloe act. Tho question will
lie hold under advisement, probably, until
au opinion can be obtained from Mr. Stan-
berry, who A expected here on Tuesday
A Duel.—A duel A threatened between
two military officers inthls city, respect
ively of the fifth and twelfth regiments of
Regulars. The difficulty Immediately
arises out of the fact that one of these ofif-
ccrs flapped the other in the face, bnt re
motely a woman Is ln tho affair. Friends
of the parties aro makingefforts to prevent
a hostile meeting.
Democracy SWAnureo.—Another dele
gation of Democrats called upon the Presi
dent yesterday and demanded that certain
changes ln the Cabinet should be mado im
mediately, ln order to usure tlie voters of
New York, Pennsylvania and Ohio. They
Ask that Mr. Seward shall be the first dis
posed of. In nil Instances, Mr. Sawanl A
Included In tho list of removals urgod. Tho
efforts against Mr. McCulloch and Gov.
Randall neve subsided, Tho President
promised to give the subjoct his early con
sideration.
Gen. Ord telegraphs that Vicksburg A
placed under quarantine. Boat* from New
Orleans must Isml at the station, two miles
below tho city,
Tho R. M. .Edwards, of Tennessee, who
was recently convicted of using seditious
language ln McMInn connty, ln that State,
A not -an ox-Unlon officer," a* has been
asserted. Ho was a secessionist, anil made
application to Mr. Davis for authority to
raise a regiment for the Confederate ser
vice. ■ ! I ,
Gov. Swann, of Maryland, has postponed
tho militia parade from tho 12th Inst, the
day of the Border State Convention, to the
15th of October.
Gcn.N. B. Buford has been appointed _
to examine tho eastern section of the’
Union Pacific Railroad, In placo of Frank
P. Blair.
A disabled soldier with a hand organ
earned ninety dollar* on Washington
Street, Boston, Massachusetts, a day or two
Since. : " :j .’ 1 ‘ • *■
In metropolitan social life engaging lu
downright carousals. Wo mean drinking
and drunkenness—not one whit short or
less. This has been tho sluuno and curse
Of the season. It has left a blight which much change in prl
will sadden lives through long years. It lorn middlings 22)22)
Col mbps Cotton Market.—The ■ En
quirer of Sunday says: - v-v "A*
Our market was dull yesterday, without
— ------ ■ —*--- .yfoquoteNorth-
, tax paid by pro-
has, to our certain knowledge? taken two I duccr, as that Is now’tlic common way of
persons straight down to death.” 1 reporting prices,