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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,