Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, January 17, 1866, Image 1

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Newspaper Page TextERROR CEASES TO BE DANGEROUS WHEN RI FREE TO COMBAT TT-'-Jefferson. VOLUME XVIII. ATLANTA, GA„ WEDNESDAY, JANUARY 17,1866. NUMBER 3. ttrrM* iRtrllignm. PUBLISHED DAILY AND WEEKLY BY JAEED I. WHITAKER, Proprietor. JOHN H. STEELE, . ^ - - - KAltor. ATLAHTA, GEORGIA, Wednesday, January 17, 1866. Ar* Um Bom there Stole tm *r oat of she Valoa f This question, important as it is, it Appears re mains yet to be solved by the radicals of tbe North, or their leaden, Sumner, Stevens, and others. By them it is not yet decided whether those States are in or oat of the Union. Some times, and not unfrequently, they are in; at oth ers, they are “ out in the cold.” Both positions are favored by turns. When it is proposed, says a cotemporary, to demand dudes, collect taxes, or impose penalties, then It is declared they were never out of tbe Union; but when it is desired to exclude their representatives to Congress from ■eats in that body, or to withhold rights apper taining to them as States, then they are not mem bers of the Union. This is singular, but not very strange when we consider who it is, or wbat class of politicians it is that thus blow hot and cold with tiic same breath. It is said of one of them, Mr. Thad. Steven*, that in 1888 at tiie cap ital of Pennsylvania, he whipped his party fol lowers into the wicked measure of attempting to set aside the elections by tbe people, and foist upon the Commonwealth a minority candidate for Governor and a minority Legislature. There were three honest members of the same party with Mr. Stevens, says the Philadelphia Ledger, who refused to curry out these treasonable practices, viz: Messrs. Butler and Sturdevant, of Luzerne county, and Montalius, of Union county. The latter testified before the commit tee of investigation that lie told Mr. Stevens his “conscience would not permit him to sanction these corrupt proceedings." Con science, iudeed, said Mr. Stevens, “ throw con science to the devil and stand by your party."— Since then Mr. Stevens lias stood by his party, casting "conscience to the devil" ull the time, till ho lias grown gray in corruption, as well as in politics. Ho is the head of a class of men like himself, whom we find now one day affirming that the Southern States are in the Union, and anoth er day that they are out of it, being no more than conquered provinces, subject to partition and plunder. When will all this end ? When will conscience teach the people of the North that such men aro unfit to lead or to rule; that they must be set aside, and just men take their places ? Alas, we fear that the day is distant, when all such mon will be hurled from place and power by an indignant people! Restoration of tbe Southern States to the Union will never come through their aid or influence. Restoration ac complished, und they have no party; having no party, they will have no offices; having no offices, they will pass over to Mm to whom, for over two ■core years or more, Thad. Steven* urged his friend Mr. Montalius of Union county, Pennsyl vania, to "throw conscience." Who will not re- j oice when this time oomes ? Tmt Philadelphia LedgeF says: “ One of tbe pleasant signs of the times at the close of the year, and in the greatest possible contrast with the events which distinguished the holidays a year since, is the opening of so many colleges and institutious of learning at the South. Grand success is attending the inBtitutiou over which Gen. lx*e presides at Lexington, Va. r Ifce Uni versity of Georgia, located at Athens, will also be re-opened on the 3d day of January, with the bust of prospects of future usefulness. It need not take long for wise men to prove that the pen is mightier than the sword ; that institutions of instructions are great improvements upon mar tial law and fields of blood. One of tbe greatest colleges in the world—that at Leyden—grew out of the terrible war in the Netherlands, three hun dred years since, and the best monuments that can now possibly be erected by us arc those, not lor preserving old flags and other trophies of a divided people, but monuments of charity, affec tion, learning, good will, and noble brotherhood. We hall, therefore, every school-house, semina ry, and college at the South as evidence that the a word has done its work, and that hereafter science, art, agriculture, and every kind of mor al and mental improvement will be so cultivated as to secure the common good of the whole American people.” A Washington correspondent of the New York Herald says Senator Sumner sets back in the last row, but iu foil sight from every point in the galleries. If any one doubts whether he is the leader of the republican side, let him ask Sumner and see what he says about it His sharp, nervous glance about the house, his readiness to rise like yeast at the slightest warning, the aris tocratic way in which! he says-, “I object to that,” or the graciously condescending manner in which he announces, “I have no objection”—as if his decision fixed the matter without any occasion for further action—all show that he has taken charge of the Senate and the whole country.— He haa a full, floe baritone voice, which any one who haa ever been five minutes in the Senate can hardly fail to hava heard; for if he isn’t up with a memorial from 25,000 Massachusetts women praying for the collegiate education of the con trabands on the shores of Lake Okeechobe, in the “territory” of Florida, it’s a similar bill of which no previous notice has been given, or a nonce to introduce a bill of that sort at some (not very) future time. If be is going to intro duce all the tied up, piled op packets on his desk before She Senate acta on the admission of South ern Senators, the Southern Senators,’elect and expectant, may as well avail themselves of the interval to plant and pick their portion of the cotton crop of 1846. _ Queen Victoria, when at horde, regularly teaches a Sunday School and Bible class for the benefit of those residing in the palace and its vi cinity. How attentive she is to her own children, may be inferred from a lata pleasing circum stance. Tbe arch deacon of London on one occasion was catechising the young princes, and, being surprised at the accuracy of their answers, said to the youngest Prince. “Your Governess deserves gre»t credit for instructing yon so thoroughly in the catechism." Upon which the royal boy responded. “Oh, but it is mamma who teaches us the catechism.’' Many American mothers may take a profitable hint from this queenly practice. A Madrid correspondent of the London Time* speaks of the domestic difficulties in Spain with great plainness. He says the Queen is disliked by the people because of her unchaste character and her want of confidence in their loyalty. A revolution is regarded as inevitable unless she re signs, and tbe priests and parasites who surround her will persuade her not to do that. It is prob able that she will be driven from the throne and a new dynasty set up. Gov. Hamilton, of Texas, has issued a pro clamation to the effect that all persons in the "amnesty exception list,” who have received his recommendation for special pardon, can resume their usual avocationa Far away aa we are from the “Plains,” what passes over them, and what occurs on them, very seldom receive notices from us, or attract the at tention of our readers. And yet, there is much of interest constantly occurring there; numerous trains of wagons constantly passing over them, those attending them often meaning dangers and death, as well from the severity of tbe weather, as from the hostile red man. Advices from Santa Fe’, recently received, aay that intensely cold weather prevails on the plains—that the trains were snow-bound, and had lost nearly all their animals—that the teamsters were severely frozen, some fatally—that eleven men were picked up along the route in a helpless condition and taken to Fort Dodge for treatment. These with other disasters are of frequent occurrence on the great western plains, of which, as we said at the out set, notice is seldom taken in this section of the South. Nor do we often refer to the immense trade across the plains. Few of our readers re alize its extent. Take, for instance, tbe follow ing account of the amount of freight shipped from Atekeson, Kansas, diving the past year, across fife plains. Says the tjkampion: “Twenty- seven firms and individual freighters are engaged in this trade. Daring the year the aggregate amount of their shipments was 21,500,000 pounds assorted merchandise, requiring for its transpor tation nearly 5,000 wagons, over 7,000 mules and horses, and nearly 28,000 oxen, employing upwards of 5,000 men. Over one-half ot this freight went to Colorado, and the remainder to different points in Utah, Montana, Nevada, Ida ho, New Mexico, Nebraska and Western Kansas, including military posts. The capital invested in this business is over $6,000,000. The value of the merchandise and machinery transported is not definitely known. The overland coaches, which leave and arrive here daily, have taken out and brought in over 4,000 passengers, and have also brought in $2,400,000 in specie, and carried out 4,600 pounds of express freight. The Butterfield Overland Dispatch line has also car ried a large number of passengers each way; but as that line was established late in the sea son, no accurate statement of its business is made. Freighting business in the city is seven times greater this year than in 1861, five times larger than in 1862, four times larger than in 1863, and 5,000,000 pounds greater than in 1864 The most experienced freighters think that the trade in 1866 will be nearly double that of the past year." How vast this carriage and this taade ! And yet it is predicted that in 1866, the present year, it will double that of the past. To Colorado) Utah, Montana, Nevada, Idaho, and New Mexi co, the plains are crossed by emigrating parties slowly but surely giving to each of them popula tion—that which will make States of all of them, and add to the power of the American Republic. What a mighty nation may it not become 7 We have seen its rise and its progress; more we may not see. From tbe LmUsr&s Courier. BY TUBA SAR TO THE YOUNG LADIES. In addressing the ladies on this occasion, I shall not vary the practice of old men, in select ing the young, fashionable (?) and giddy. It is a delicate task to criticise a class who, by universal consent, have a carte blanche to do as they please. The ladies constitute a very important segment of our social circle. To be candid, I do not see how we could get along without them. True, we should have whisky and tobacco left, but the great lack that was so early felt in the Garden of Eden would make this world the reverse of a Paradise. My dear girls, I admit, in the ontset, that you are beautiful, bewitching and charming, but you are monstrous silly. You render your selves ridiculous by going crazy about every new fashion, no matter how foolish or unbeco: so it is supposed to be French. It is no compliment to your natural loveliness that yon are attractive in spite of the hideous objects with which you bedeck your heads; iu spite of mon key jackets and trailing skirts, and even in spite of the nauseous compounds with which you so perseveringly strive to spoil your complexions. And here let me mention a noticeable pecu liarity of the Lexington young ladies who affect the extreme fashions. They are very fashiona ble, or at least attempt to be. If large skirts are in vogue, they seem to think that the larger they are, the more fashionable they must be, and so on ad nauseam. Taking this fact in connection with the well known fact that fashions do not develop themselves, so far west, until at least a year after they have gone out of date in Paris and New York, it must be admitted that an ex tremely fashionab’e dressed belle of Lexington presents a beautiful caricature of one year old Paris fashion. Moreover, it provokes your amiable speaker to see ladies, of whom every American might be proud, blindly following the fashions of those they are so well qualified by nature and their at tainments to lead. Girls, why will you allow foreign women of questionable reputation to dic tate to you what you shall wear and how you • wj ' -• it vc irtfei ProfNM or also PfMidMit’B Restoration Poller. Among the people, and in several instances with high official personages North and West, the President’s plan of reconstruction progresses favorably, and will doubtless influence in no small degree the action of Congress upon it. Recently, Governor Cony, of Maine, in liis inaugural ad dress delivered before the Legislature of that State, referring to national affairs, took ground iu support of the President’s policy tor the return of the Southern States to their relations with the Union, "to the spirit and purpose of which no truly loyal man” he said, “would utter a dissent.” Almost too at Governor Andrew’s own door, we find the Republican State Convention of New Hampshire resolving that ‘We recognise in Andrew Johnson the just citizen, the sincere patriot, and the distinguished statesman; that the tone and temper of his late annual message to Congress meet our warm ap probation, and augur well for the success of his administration." And what says Governor Anderson of Ohio ? Hear him 1 “It was no part of the intention or expectation that the noble patriots volunteering to fight the war of the Union, were to be detained as a po lice or Swiss guard ‘to oversee political reforms in the South, whether as to blacks or whites.’ ” We have these and many other indications to encourage us in the belief that the President’s policy will prevail in both branches of Congress, notwithstanding the determined opposition it will receive from the Sumner-Stevens faction. Were it now submitted to the popular voice of tbe Northern people, it is claimed that the oppo sition to it would be defeated by an overwhelm ing majority, and that the said opposition is growing every day “smaller be degrees and beau tifully less.” Georg* B. Little, Esq., a Special Agent of the Treasury Department—a Washington cor respondent of the New York Times says—“ who has recently returned from an extensive tour through the South reports that he finds as much money in the hands of Southern men now as was ever before possessed by them. Northern spec ulators are numerous in most regions of the South, and have been and are now purchasing largely of the Seuthem staples, as well as landed property, thus placing in the hands of the people immense amounts of ready money." The agent referred to must have visited locali ties in the South distant from this and other sec tions of Georgia. We have never known money as scarce in this State as it is now. Nor do we remember any period within forty years past when money commanded half the interest it does now in this vicinity. Ten per cent, per month is the lowest rate. This does not look like there was in the hands of our “people immense amounts of ready money." Mr. Little, we apprehend, saw too much f The affairs of Charleston, says the News, are at last becoming somewhat settled. Civil government has been restored, Its Mayor and Aldermen are in office. The military forces, to a great extent, have been withdrawn; its citizens exiled by the war, as far as their means admit, have returned; its different lines of business, as far aa possible, have been re-opened; produce is coming in—slowly, of course, from the continued interruption of its most important roads; houses have been re-opened; the damages to streets and buildings from the protracted and terrible bom bardment, have been repaired—and we at last may look about us with some tolerable opportu nity of appreciating the results of our experience, and the condition and prospects of the place. We understand, says the Savannah BepuHiean, that Capt Watrous, the Jndge Advocate received a dispatch from Washington directing him to proceed with the trial of General Mercer, which was postponed some time since on account of non-attendance of witnesses. The Government will shortly be prepared to take up the case and continue it until disposed of Maximilian has established drafting in Mex ico. The tima is six yeva, and those liable are between the ages of eighteen and thirty-five.— The clergy, teaahcn, end W other, rl—an of people are exempt Paeons drafted can com mute for four hundred dollars. are absolute slaves to fashion ? It lays burdens upon you, grievous to be borne. This was lite rally so in the days of bustles. Now, it is taxing your common sense—or the lack of it—in a man ner that is equally ridiculous and more absurd. I allude to the bags wbich you attach to the backs of your heads, and suffer to swing to and fro about your shoulders—I think you call them “waterfalls." Why waterfalls, I am at a loss to know, as I am ignorant of their rise and progress and object. I only know that they progress daily in size, and have a cheerful downward progress, which inspires the hope that before many moons they will drop off like a pollywog’s tail, and dis appear from the eyes of men. They are neither useful nor ornamental, but simply hideous, and as repulsive to good taste as a wen of the same size would be in the same place. Among certain tribes of Indians the squaws carry their infants suspended down their backs, but it is presumed that the custom was adopted more for convenience than beauty. That water falls are not used for work bags is certain by an anatomical examination made of one by myself. I found it on the street, with no head attached, and concerting it as well as I could under a great coat, I earned it to a place of safety, and there dissected if The first covering was a net The second a thin layer of human hair. The third was a large sized towel, much worn. Two old pocket handkerchiefs, a pin cushion, and an India-rubber ball composed the inside works of the concern. It had by its oscillating motions become detached from its fastenings, and in obe dience to the laws of nature, had fallen to the ground. W&terfttl was there my countrymen! And those long skirts! My goodness, girls, how can you stand them? Do yon think them graceful when trailing ? If so, what are they on a crossing, when gathered tip in a wad shove our feet, like you were going to sit down ? Bat will not quarrel with you about your long skirts, as I do not have to buy them. If you can stand them, I can; but when I meet you on a rainy day, it gives me a feeling of self-esteem to know that I am walking a street swept by beau ty and fashion, yet blended with a feeling of sad ness, to reflect that the six inches of that fair sweeper that comes in contact with mud is en veloped in a plaster of sticky mad. But j our outward adornment is not the only effects of false taste and purient fashions. It af fects your minds. Your gait, your conversation, and the glance which you flash from your eyes, all have a theatrical air. It is observant in your behavior upon the streets. Your loud talking is evidently intended for all ears in sight; your conversation with your escort can readily be heard across the street, so none of your smart sayings are lost You keep up a constant gig- jle when you attempt to converse; two giggles or each word, with an occasional screech for emphasis. Your conversation might be called the bantering style, supposed to be bewitching. Your efforts, to appear “gay and festive,” impart to you a “ fast ” trait, which every lady should avoid. You are too giddy, are wholly unpatient of restraint. You regard your mother as an old and break away from her control at the earliest possible moment. You evidently regard life as a grand frolic, to be taken and enjoyed at a high pitch of hilarity. You give no serious re flection to anything. Marriage—the most serious step in your life— you treat as a good joke. Most marriages, now- a-days, grow out of a jest, or a spirit of contra diction. I do not believe you give tbe subject as much serious attention as you bestow upon the last new style of bonnets^ Young lady meets oung man with bob-tailed coat at pic nic.— foung man makes funny jokes about the weath- r. Young lady giggles. Young man inquires of friend who she is, and says she is devilish pretty; and knows a thing or two about wit Friend tells young lady, who sets young bob-tail down as a good j udge of beauty. An acquaintance fol lows, and it the young man is worthless enough to enlist the opposition of young lady’s parents, the match is in inevitable. The old-fishioned Alonzo and Melissa love sen sation seems to have gone entirely out of date.— Perhaps it is best, for where are the modest and irresistible traits of female character that used to inspire it. Left behind this fast age! A great deal that passes for love now is nothing but in- tion, caused by tight lacing, oung ladies, for the sake of the next genera tion, and for your own sake, hold fast to your womanly instinct and cherish them as you would a jewel. It is these that made you adorable, an gelic and sought after. The tyrant, Fashion, tras laid violent hold upon them, and would wrest them from you. Do not give them up, for believe me, they are the true fountain from which must flow all the pure happiness destined for you. Life is a serious business for all, and of ten both serious and sad for your sex. On enter ing seriously upon its journey, frivolity and fashion will avail you nothing, but you will re quire the modest worth and trusting confidence which subdues the rougher nature of the rougher sex. A Fearful Story of Hydrophobia.—Mr. Hemy Drew, Assistant Superintendent of Public Property, has related to us the particulars of a case of hydrophobia at the village of Waterloo, which surpasses in tragic interest almost any thing of the kind we ever read. Some six or seven years ago a mad dog went through the village of Waterloo, Jefferson county, and bit a number of animals. Among othera it snapped the leg of a cow belonging to Mr. Bab cock. The animal was examined bat no mark was found, and it was supposed that it escaped being bitten. The animal was afterwards sold to a man by the name of Garrison, who used her milk very freely, as did two of his children. Some of the neighbors, including Mr. Drew’s family, were also supplied with the milk of this cow. At different times during the time since the cow was bitten there has been inexplicable and fetal sickness among those using her milk, and two children of Mr. Garrison’s, two of Mr. Drew’s, and two others, have been attacked with spasms and died in great agony. Mr. Garrison has also been attacked at times with spasms. The my stery of this sickness was solved by the death, with every symptom of hydrophobia, a short time ago, of the cow so slightly bitten seven yean ago, and in whose system madness has been latent ever since. The case is a singular one and worthy the at tention of scientific men.—Madison Jour nal, Dec. 26. _ “A man in New York has brought an action in one ot the Courts to recover $5,000 damages of the compiler of the city directory, for putting him down as ^colored,” wneq in fact he if white. From tea Rochester Democrat. The EBlafs VHhUB. The execution of Hen^£ Wilson, for the mur der of Henry Devoe, took, place at Geneseo. The arrangements were ampfefor tbe accommodation of the necessary witnesses. An inclosure capa ble of containing from one hsurdred and fifty to two hundred persons, luA-beeiLhhQt on the east side of the jail, and thegaQotMf erected in the south end of it. An instrument for taking a photograph of the prisoner had been placed In tent of the jail and hid from his notice by anftnginfcn portion of the crowd in front of it. When lea out by the Sher iff and his assistants, upon the steps of the jail the screen of humanity divided, so that Wilson confronted the instrument But he had no idea of leaving any likeness by which he would be recognized. Distantly discovering the object of this arrangement, he as quickly foiled the artist 1 1 ’ J —■"* ,: ' :, 'V|nd remarked that they would have a d—d good, time taking his pic ture. He walked with a firm step and uncon cerned air into the inclosure, turning his eye carelessly up at the gallows,' and surveying for an instant only the arrangements made to carry out the righteous sentence of the law and carry him into eternity. He stood upon the ground covered with snow, director under the cope. In front of him was the crowd, among them the son of the man he murdered ixjSyracuse, a nephew of the woman he murdered in Lancaster, and a son-in-law and other reh&tops of the man for whose murder he was abouwto suffer The death warrant havjgg been read, Wilson said: “ I have made a requests** to have my pho tograph taken, for fear my friends should recog nize me. Somebody else made a request that it should be taken, and the Sheriff paid more at tention to them than to ma and let them try to take it as I came out. Yon can see what kind of man this Sheriff is, and if I bad a chance I would take his photograph d—d quick. I don’t think they got a good one. So my friends will not know it Perhaps my photograph will be the means of finding out who I am, but I doubt it d—dly. I have nothing more to say, and you may go on as soon as you please, for its no con solation to me to be kept .sfending here in the cold/ The cap was drawn over his face, the rope ad justed, and he was informed that his time was up. His only reply wa£, “Go ahead.” The catch was slipped, the wejjght fell, and he who was known as Henry Wilsbn here, but by other names in other placed,'^ras ushered into the presence of his Maker, to answer for at least five confessed murders, and o$ter crimes for which the death of a thousand "kuch wretches could never atone. There was shudder among the witnesses, no blanched cheeks nor tearful eyes, but rather congratulations and rejoicings that they had seen the earth riff of such a monster. The murder of Mr. Devilp was committed soon after midnight following the 15tli of May last. The murderer came in at .the back door of the house, the door not beii was money, he having T had a considerable amoo demanded his money, him to leave tbe house. led. The object informed that Devoe in his possession. He Mr. Devoe ordered e murderer replied : The religious people in Philadelphia ara about to start a daily paper. I spl “Keep still, and you shan’t be harmed.” Devoe then called to his son, andj was told if he called Nelson again he would shoot him. Devoe then called, and was instantly thot, the ball entering at the side of his nose aiffi coming out at the back of his head. He Was shut sitting in his bed, with his wife laving teside him. A young woman in the bed-rooircAdjoining pounded on the door with her hand SfcdF called Nelson. He said: “ That’s right; call your brother. I’m ready for him. I’ve shot one in the house, and can shoot another.” Nelson did not appear, and the murderer proceeded to foe bed-room of the young woman and deihafiftfid admittance. She refused to allow him to ehter, when he threat ened to force the door. Alter some parley she agreed to open the doorif he would wait until she could put on her dress. ' He did so, and when the door was unfastened proceeded to blindfold her and tie her hands with Jfoqfrl. He then searched for money, but fotmd nomT 'Returning to the young woman, he took her by the throat and threatened to kill her if*she did not inform him where the money was. A- little girl, twelve years of age, a grand daughter of Mr. Devoe, who was in tbe same room, said to him, “Won’t you kill Hattie if I tell you where the money is ?” He said, “No, where is it?” She answered, Grandpa keeps his money in a pocket-book in his vest pocket, add his vest is under liis pillow.” He took the money and left the house. The son Nelson, who was called, was a youth of about thirty-five, lying in bed up stairs, and hearing the" whole. When on trial, and asked by counsel why he did not come down at the call of his father,, he answered, “I thought I wa9 better off where I was.” Wilson wrote a history of his life while in con finement, and gave the manuscript to Mr. Olnay, his couusel. He confessed to the murder of Bun- Burton, of Syracuse, in May last. Mr. Henry Burton, son of the deceased, and the District At torney of Onondaga county, passed several hours with Wilson the night before his execution. He related to him all the incidents of the murder as coolly as he would the most commonplace nar rative, and gave Mr. Burton some tobacco, saying it was all the amends he could make him for the murder of his father. He also confessed the murder of Mrs. Lewis, of Lancaster, about the 1st of November, 1864. He said he and his accomplice walked from Buf falo, a distance of ten miles. They entered her house through the chamber window by means of a ladder which they had brought about a mile, and which they had picked out while on a re- connoissance. Wilson entered the house, liis friend watching on the outside. Passing the room he came in contact with a bird-cage; the fluttering of the bird awoke Mrs. Lewis, who got up, lit a lamp and went to see what was the mat ter with the bird. Wilson secreted himself be hind the door, and Mrs. Lewis returned to * her room, but hearing a noise came back, and Wilson again secreted himself After some deliberation he concluded to prosecute the job without regard to consequences. Mrs. Lewis seeing him, com menced screaming, when Wilton seized her by the arm and presented a pistol, telling her if she did not desist he would shoot her. She continued her screaming, and be fired, the muzzle being so near her head that her hair was scorched by the blaze. There were two-young ladies in the cham ber above, who, hearing the disturbance, got through a window upon a low piazza with the intention of escaping. Wilson went outside and ordered them to go back or he would shoot than. One of them went back, the other fainted. Miss ing the tinted one, and supposing she had es caped and would give tbe alarm, the robbers left without their booty. Shocking Calamity—A Whole Family Suffocated by the Fumes of a Stove.—Yes terday afternoon the residents of the lower part of Grand street, near East River, were startled by tbe news that a whole family had been suffo cated, and that two of its members had died from its effects. - It appears that a family named Gahey, con sisting of a mother, named Rosanna, aged 67 years; her daughter,Nancy A., aged 24years; her son, Francis, aged 27 years; and son, Fran cis, Jr., aged 4 years, inhabited an apartment, 6x9 feet, on the mat floor of the small tenement house No. 597 Grand street The old lady had been ailing for some time, and consequently was not much seen by the neighbors. Francis theaon, a baker by trade, returned on Saturday night about 1 o’clock, from his work, and at once retired fin- the night ; the other three having already gone to bed. On Sunday morning, a friend named Thomas Dunn called to see the family; bat finding the shatters dosed thought nothing unusual of it, as did also a brother of Gahey. At about half-past 12 o’clock, P. M., a Mrs. Cosgrove, of Np. 589 Grand street, intending to make a call on Mrs^ Gahey,tried the door, which she founid'opea. Walking info the room she be held the old lady, Nancy A. and Francis, Jr., in bed, apparently dead; also Francis, Sr., sitting in a chair in tho-samo state. An alarm brought officer Broadhead, at the Thirteenth Precinct, to the spot, who at once took the proper measures by sending for Drs. Bliren and Galvin. An examination proved that the old lady and the little boy were both dead, and that the two others were so overcome by the noxious gas that they were qnahle to move, and. bat for the timely aid would also have perished. The Coroner was notified, and will hold an inquest to-day. The survivors were properly care for, and though very much eThgiistrd, are likely to recover. No other cause can be assigned for the tragedy than the escape of some noxious gas from a small cooking stove into the tightly closed room.—M T. News. , Michael Phelan and Monsieur Carme played a match game of billiards at Richmond on New Year’a. TRto gsmt waa five hundred, and was won by Canast who in one score run two hun- dred and six points. ■eport of tike CorsbUm Appointed to Prepare a System of Laws to carry in to effect the 5th clause of the 5th section cf the 2d article, and the latter part of the Sd clause of the 2d section of the 4th article of the Constitu tion. Washington, Ga., Dec. 19,1865. 7b His Excellency, Chas. J. Jenkins: Sib—The undersigned have the honor to re port that the commission appointed by resolu tion of the recent convention, for the purpose of preparing and reporting to the General Assembly, a system of laws, to carry into effect the 5th para graph of the 5th sectioa of the 2d article, and the 3d clause of the 2d section of the 4th article of the Constitution, assembled, as by said reso lution requested, at Milledgeville on the 13th day ot November last, and took counsel together on the subject submitted to them. At such meeting, the Hon. Linton Stephens announced that he could not continue to act under said appointment, and as one of said commission. The committee then, as by said resolution of the convention au thorized, proceeded to elect Samuel Barnett, Esq,, of Wilkes county, to fill the vacancy. The ap pointment was accepted by Mr. Barnett and he has aided in the preparation of the work which is now presented. That work has been reported by us “at the earliest practicable day,” though much later than we desired; yet no later than was essential to the preparation of well considered and digested matter. If circumstances had allowed even more time for the work, we are sure that we could have made it more efficient for the purpose desired. As an appropriate method of discharging the task assigned to us, we have put the matter pre pared into an orderly arrangement of Articles and Sections, with the proper divisions and titles of subjects; and we accompany it with the draft of a short adopting bill, which may be used, un less the General Assembly, for any reason, should think it objectionable, because of the latter part of the fifth clause of the fourth section of the second article of the Constituion. In that event the matter may very well be adopted by several bills having the titles following: that is to say: _ 1st. An act prescribing certain general provi sions preliminary to other legislation intended to carry into effect the fifth clause of the fifth sec tion of tbe second article, and the latter part of the third clause of the second section of the fourth article of the Constitution. 2d. An act to establish County Courts in this State. 3d. An act to amend the laws in relation to husband and wife. 4th. An act to amend the laws in relation to parent and child. 5th. An act to amend the laws in relation to guardian and ward. 6th. An act to amend the laws in relation to master and servant. 7th. An act to amend the laws in relation to master and apprentice. 8th. An act to amend the laws of contracts. 9th. An act to amend the law in relation to the estates of deceased persons. 10tli. An act to amend the criminal law. 11th. An act in relation to the grant and regu lation of licenses in certain cases. We are sensible that in presenting this system ot laws, we may be subjected to the imputation ot having done at once too little and too much; too little for those who are expecting an instant and speedy remedy for all the ills which the pre sent crisis has brought upon us; too much for those whose prejudices have not yet yielded to the necessities of our situation. The mischiefs to be remedied are enormous, and there is more or less of an indefinite hope and expectation, that legislation will afford at once and with all certainty, the proper remedy. It is impossible that this hope can be gratified, this expectation realized. The results which are to ensue from such legislation, presents a pro blem that can only be wrought out by experience. A prominent actor in the solution most there fore be time. We cannot expect that for this our distressed people will patiently wait, and more or less of disappointment must ensue.— Prepared to-accept this.xnsaU, we shall not he mortified by intimations of feebleness, or impu tations of failure, and shall be satisfied with the humble meed of having honestly endeavored to do our part, and thereby contribute aid to those He shall also take the oath of fidelity to tile Constitution, &c., prescribed in § 184, of Code. § 3. Tbe compensation of the County Juff shall be a salary of two hundred dollars, to paid by the State, together with his fees iq such contracts as by law are called Court Co: tracts, and upon clerical work not connected wil a judicial proceeding, and one half of all costs hereinafter described as Judge’s costs. § 4 No disqualification for holding the office of County Judge shall arise from being clerk 6f the Superior or Inferior Court, or Ordinary, or from holding any other office not involing duties incompatible with the duties of the Conn*’ Judge. He may, if an attorney at law, practii in cases never connected with his own court, hi cannot have a partner who practices in tl county. § 5. The County Judge may issue bail pro© in civil cases, admit to bail in criminal cases, ii sue attachments, foreclose mortgages on person; property, issue warrants, writs of habeas corpi and other writs or w arrants not within the e elusive jurisdiction of some other court or office] He may attest contracts, or deeds for registry, a< minister oaths, and exercise all the powers of Justice of the Peace in matters civil and crimi nal, issue warants requiring offenders to lx brought before him or some other Judge, or som Justice, and sit singly or in conjunction wit ednsent of partied appearing' on the papers, the award may, to save expense,-be filed, and not re corded on the minutes. practice. § 21. The Daily County Court shall be always open except on the Sabbath day. It shall be held at the Court House, or at some other place approved by the Justices of the Inferior Court of the county, unless by appointment of the Court and notice to the parties, it is held for a special case at some other place in the county. The roles of practice of the Superior Court apply, uhless specially excepted. who are charged with the difficult duty of guard ing the State and the persons of color m our nudst from the evils of sudden emancipation. ' Eben’r. Starnes, L. E. Bleckley, Wat. Hope Hull, Samuel Barnett. A SYSTEM OF LAWS, Intended to carry into effect the fifth clause of the fifth section of the second article, and the latter part of the third clause of the second section of the fourth article of the Constitution. ARTICLE I. preliminary provisions. The General Assembly of the State of Georgia do enact as follows : ’ ■ § 1. A convention-ot this State having recog nized the emancipation ol slaves, and having declared that neither slavery nor involuntary ervitude, except as a punishment for crime, shall ever be established in the State, all statutes, reg ulations and municipal enactments concerning slaves are, therefore, now inapplicable to the cir cumstances and condition of our people. § 2. The statutes! regulations and municipal ordinances concerning free persons of color in our State, having been passed with more or less of relation to the existence of slavery among persons of color in this State, are also, for reasons stated in the above section, now inapplicable to our circumstances and condition, and are repeal ed, except as to offenses committed before the passage of this act. In these cases the proceed ings shall be regulated by the laws previously existing; Provided, The tribunal, modes of pro ceeding and rules of evidence shall be the same as now by law provided, and the - punishment shall be applied as the prisoner may elect, either under the former or the present system of laws. If the prisoner refuse to elect, then the conrt shall apply the milder punishment „.§3. All free negroes, mulattoes, mestizoes,and the descendants of such, having one-eighth of negro or African blood in their veins, shall be known in this State as persons of color. Such persons shall have the right to acquire, own and dispose of their property, to enjoy the. fruits of their labor, to make .contracts, to sue and be sued, to receive and transmit property by inheri tance, to receive protection in their persons and property, and to give their testimony under oath subject to the general roles of evidence, in the following cases: 1. In all civil cases where the rights or liabilities of persons of color are in volved. 2. In all criminal cases where the pro ceeding is instituted because of some alleged in jury to a person of color, his rights or property. And in any case, civil or criminal, in winch a colored person is introduced as a witness against a white person, a party to the case, or a white witness against a colored person a party to the case, the opposite party may be sworn and tes tify as a witness. If he do so, then his adversary may also testify as a witness. § 4. Any affidavit of sworn statement which a white person may make in relation to his legal rights, or the rights of one for whom he is agent, a person of color shall be competent to make in relation to his rights, or the rights of a person of color for whom he is agent. Commissions to take testimony may issue to persons of color; bnt the testimony of colored women shall not be taken de bene esse merely because of sex. § 5. The laws of this State regulating domes tic relations shall be hereafter applicable to per sons of color, subject to such alterations or mod ifications as may be made by this system of laws, and as may be from time to time made for the people of the State. ARTICLE II. ORGANIZATION OF THE COUNTY COURT. 11. A court shall be organized in each county in this State, to be called the County Court, the Judge of which shall be entitled the County Judge. § 2. The County Judge shall be elected on the first Wednesday in Janoaiy, 18—, and every fourth year thereafter, and shall in all cases hold his office until his successor is elected and qual ified. Any vacancy in the office shall be filled as in case of the Clerk of the Superior Court, (as provided in § 25L, 252. of the Code,) upon fifteen days notice. This officer shall be commissioned by the Gov ernor : give bond for the faithful discharge cf his duties in a sum to be fixed by tbe Justices of the Inferior Court of the county, and take the follow ing oath of office, viz: . “I do solemnly 3wear that daring my continu ance in office, 1 will faithfully discharge the du ties of County Judge of the county of i to the best of my skill and knowledge, according to few; that I will administer justice impartially without regard to race or color, wealth or infin- that I will decide matters of fact according to few and evidence, and will only. receive my lawful Seas of office. So help me God." others as by law required on a Court of Inquiry*. The foregoing enumeration is not exhausting, but the County Judge may in general exercise all such powers as are granted to him by law, of essential to the functions granted. " „ i § 6. The County Judge shall by himself or Clerk keep a strict account of all costs described as Judge’s cost, and of all fines, forfeitures anff proceeds of labor under sentence, and othef moneys which come to his hand as County Judg0 or to his Clerk in his official character, and shall pay over the same to the County Treasurer, and report such receipts and payments to the Grand Juiy of the county at the semi-annual sessions of the Superior Court. He shall keep ah index of all court contra© filed in his office, and a list of all certificates am discharges granted by him according to law, which index and list, shall be open to public in spection. It shall be his duty to provide a sea! for the County Court, to be used when necessar by himself or the clerk, and until such seal i' provided, the private seal of the Judge may bi used. § 7. The Clerk of the County Court may be : either the County Judge himself, or an otticeij appointed by the Judge, removable at his pleas-* ore, to be paid by him, and for whose good con j dnet he is responsible. It Shall be the duty of) the Judge to have a Clerk, in office in case of lrii own sickness, or absence. The appointment an removal of the Clerk, unless it occurs by reason! of vacancy in the office of Judge, shall be enter-! ed on the minutes; lie shall be sworn to the; faithful and impartial discharge of his duties ^ and shall be competent to discharge all the dutiesj of the Judge not judicial in their character. ; § 8. The Clerk or the Judge acting as such,' shall keep the minutes of the Court, record its! proceedings so far as required by law, issue its) orders and processes, and keep proper dockets,! viz: one subpoena docket, and one execution! docket, which shall be for both sessions of the! Court. For the daily sessions, one docket of civil cases generally, and one for cases between- master and servant; also one for criminal cases* For the semi-annual sessions, one common few! docket, one docket for claims, motions, illegality! and other like proceedings, and any other dock-! ets for either session the Judge may direct. § 9. In case of the death ot the County Judge, or of any vacancy in the office, three Justices of the Inferior Conrt of the county ifaay appoint a County Clerk, who shall give bond in Such sum as they may prescribe, and make oath as such Clerk, and discharge all ministerial duties during such vacancy. If the Comity Judge cannot try any case by reason of sickness, absence, or disa bility arising from interest or relationship to a party, it may be tried if a civil case by the Ordi nary,, apd. if a siding officer Ordinary' such case, then it may whether civil or criminal, by three Justices of the Inferior Court of the county. § 10. The Sheriff and his deputies, when re quitted by the county Judge or Clerk, shall exe cute any writ, precept or order of the County Court or Judge, as if from the Superior Court;, but unless on notice need not atteiid the daffy * sessions. For cases in the County Court within the jurisdiction of a Justice’s Court, the Sheriff’^ fees shall be the same as a Constable’s, In other cases they shall be the same as in the Superior Court. For summoning a jury for the semi-an nual session, three dollars ; for the daily court, one dollar. § 11. Bailiffs may be appointed by the county Judge, not to exceed four in number, of whom one shall be called special bailiff. They shall each give bond in a sum to be fixed by the county Judge; shall be sworn to the faithful and impartial discharge of their duty; and their appointment and removal be recorded on the minutes. ' ' One or more temporary bailiffs for particular occasions may also be appointed, who need not give bond, but must he swoni, and their appoint ment entered on the minutes. In cases within the jurisdiction of a Justice’s Court, a bailiff’s fees shall be the same as a Constable’s, and- in other cases the same as a Sheriff"s. § 12. Jurors, eighteen in number, of whom twelve shall serve, shall be drawn from the semi annual sessions, at each-term for the next, (but in case ot failure the drawing may take place at time thirty days or more before the session,) by the county Judge from the Inferior Court jury box, according to the usual practice of drawing juries, preserving the rotation as if the juiy was drawn for the Inferior Court. § 13. Either party desiring a jury in any civil case in the daily court, shall give three days’ no tice thereof to the county Judge of Clerk*, and pay in advance the jury, fee of three dollars, which fee, however, may be recovered as costs. The Judge or Clerk shall thereupon have a jury summoned of five men, the officer selecting per sons, a3 far as may be convenient, residing not more than eight miles from the court house. No juror shall serve, at daily court more than once in three months, unless by consent o) parties and his own consent, which shall be sufficiently shown by failure to object. § 14. At either session tales jurors may be summoned as needed, and all j urors in the County Court shall be paid as in the Inferior Court, upon the Judge’s or Clerk’s certificate of service. § 15. All the officers of the Coqnty Court shall be responsible' for their good conduct as such under the same rules as officers of the Superior Court It is a Court of Record, and the proceed ings at the semi-annual sessions shall be recorded as in the Superior Court, but the dockets and minutes shall be a sufficient record of the pro ceedings of the. daily court. Its powers to pun ish for contempts shall be the same as those of the Superior Court, and the general provisions of the Code from § 197 to § 203 inclusive, concern ing the powers of a court, apply to it. CIVIL JURISDICTION AND PRACTICE. § 16. The provisions of the Code concerning amendments, from § 3,410 to g 3,436 inclusive, and concerning defenses, from $ 3,381 to § 3,388 inclusive, apply to the County Court at either ses sion. The jurisdiction exercised at its daily and semi-annual sessions varies,- as hereinafter ex plained. DAILY SESSIONS. 17. The daily court shall be always open, to hear and determine all cases arising out of the relation between master and servant, whether suits for wages, applications to'enforce perform ance, or for other purposes; also, applications for the eviction of tresspassers, intruders and tenants holding over; for the partition of personal pro perty; for the trial of possessory warrants, or PARTIES. § 22. An infant person of color may sue or be sued, *nd be sertred with process, summons or other notice as an adult, but it shall be the duty of the' Court, when there is no guardian or next friend, to appoint some proper person to repre sent such infent, who may be either the friend of the infant or the County Clerk. § 23. A married: w oman, being a person of COlOr,.authorized^46 contract separately, may be served with process or notice as a single woman, And appear in person or by attorney in case arising on such contract. § 24 A party plaintiff' dying, upon application of the widow or any person next of kin of such plaintiff, the court may, m its* discretion, appoint some suitable person representative of the estate for suchciuise. In like manner, a representative may be appointed, the party defendant dying, upon notice to the widow, or adult person next of kin of deceased, or to the nominated execu tor, if in tfie county, or if none in the county, then without such notice. ' g 2o. An attorney engaged in any case by a deceased party in his lifetime, may "(without the appointment ol a representative, or other pro ceeding to make parties,) continue to represent the interest of the estate, and shall be responsi ble for his conduct to the proper legal represen tative when appointed. § 26. A court contract shall be regarded as a suit always pending, and parties may lie made at any time .under the foregoing provisions. § 27.. The judgment in such cases shall be for or against “the estate” of the deceased part}". Whenever the jndge is satisfied that delay is ne cessary to justice, he may grant it on such terms as to notice or otherwise, as he may think just ahd reasonable. GENERAL COURSE OF PROCEEDINGS. § 28, In all civil cases before the daily court, not hereinafter exempted, the plaintiff shall pro cure .from tb£ dourt a summons, in which shall be set forth the ground or grounds of complaint, the time and place of trial, and the time within whibh to 9erve-the summons. If no time for service is named; it must not be less than five days before trial, And if no place is fixed, it shall bo understpqd to be tjio usual place of holding court.. 29. In suits between master and servant, or by landlord against tenant holding over, and in other shits .for twenty dollars or less, the action may be coinmen9ed by a summons from the plaintiff to the, defendant, requiring him to appear at the County Court on a certain day, which shall not be nfesref than the second day after personal service, Or the fifth after serv ice at the defendant’s residence, to answer a certain complaint set forth in the summons. 1 If upon appearance of a per son alleged to be a tenant holding oyer his term, su£h person shall make the affidavit specified in .§ 3,985 of the Code, then, provided that he doe3 not set up title in lximself, the court may proceed at Once to tty aqd decide the issue. If either party desire a jury, tbe proceedings must conform to the directions contained in § 14 of this Act. If the alleged tenant shall fail to appear, and the court ffe satisfied that he hacLreceived notice in termk of this Act , or if appearing he shall fail or refiise tO*mak6 oath as aforesaid, or making, the s&mertfte issue shalLbe decided against Mm, the court shall issue a warrant or order to some officer of his court, with directions ior the re moval of such tenant from the premises, and the delivery of (b,e (feme-jo the owner or his agent. But if the alleged Tenant 9hall set up title to him self in said premises, then the court shall return the fetuert&tke aext term of the Superior Court ofth© county, fo be-tried as provided by § 8:9b? of the Code. § 30. .To prevent the abuse of the summaiy process provided* ih the above section, any per- son, whether-the plaintiff or A third person who shall,-serve of procure the service of such a 9um- mons.otherwise than in good faith, shall be pnn- " ^ - eeair than one hundred dollars is claimed as damages, or as principal sum due. The jurisdiction of the County Court when a person of colqr is a party, shall exclude the jurisdiction of Justice’s Court, unless the person ot color shall waive his privi lege to be heard in the County Court. § 18. Under the powers conferred upon him, the County Judge may try any case of forcible entry or detainer, for the abatement of a nui sance, or the grant of a private way and the as sessment of damages therefor; a juiy- in each case being summoned as by a Justice in like cases. § 19. If a County or the Inferior Court thereof; or any corporate town, shall make any rules and regulations not inconsistent with the Constitu tion and laws of the United States and this State, to be enforced by. fines, or other-penalties, and confer jurisdiction in the premises upon the County Court, the latter shall exercise such ju risdiction at its daffy sessions; § 20. The award of- aTbitratore, or if the par ties select bat one, of a single arbitrator, may be made the judgment oPBifrCoqnty Court, and by ished. as. for a contempt by fine not exceeding twenty dollaiA or imprisonment not to exceed ten days: . The failure of the plaintiff to appear by himself or attorney to prosecute his claim, shall be prirna fade evidence against the person serving foie summons. § 81. In any case tin thte daily conrt, a sum mons may be served by the party of other per sons, or by an officer, anil service by the party or unofficial.person may be proved, by his oath, but if the defendhht appears, no proof need be made. ■ : ‘ 1 § 32. If the defendant fails to appear, the case may proceed ed parte, unless the Judge deems delay necessary. If lie appears and defends, a brief ofihe grounds of defense 9hall be entered upon thesmnmoDs. 33. Proceeding under possessory warrants, in m corpus cased; and other cases usually tried at Chambers, shall be the same before the County Judge “as' before other! Judges exercising like jurisdictiofa , and* the Jud^e may determine the mode of citing the party, and the time and place of hearing. - ' './/•• • § 34 Attachments, claims, and like proceedings, returned by any ‘ Justice or other officer- to the County Court, shall bb returned for trial to a day not less than ten days after the issuing thereof. If issued by rim County Judge, and returnable to lua own court, the Judge may prescribe any day for the return, in his discretion. 35. Continuances in other cases may be al lowed under the same roles as in the Superior Courts, but in cases of Court contracts between Master and Servant, and in other cases in which not more than twenty dollars is claimed, they shall be granted only on terms as hereinatter set forth. ' § 36. Trial* shall behadfon the day of appear ance, unless on cause shown for continuance The rules of the Superior Court apply a9 to opening aind closing the case, hearmg and re jecting! testimony, and the like, unless specially excepted. 137. The testimony of either party shall be competent in cases between master and servant, and all other cases which if between white per sons: would be within the jurisdiction of Justices’ Courts. •- § 38. The County Judge may, in his discretion, take the testimony of a witness in the presence of the parties; or in a civil case, of their counsel, and discharge the witness, notwithstanding the case may not be ready for a final hearing: a memorandum of such testimony shall be made in writing, and read over by him in presence of the witness and the parties, (Or counsel, as above,) and signed by him at the time, wMch memoran dum may be read in evidence at the instance of either party. ' § 39. The costs of unnecessary and superflu ous witnesses may be taxed by tbe County Judge against the person introducing them, in cases civil and criminal. If either party in the pre sence of the Judge admits any facts material to the case, a note of such admission may be made and signed by the Judge, and no witness to that feet shall be considered necessary, and if already in attendance they may he discharged. LIMITATIONS. § 40. Actions, noton written contracts, for or against a person ot color, must be brought with in twelve months after the accrual of the 'cause of action, unless some disability intervenes, and in such naaes within twelve months from the re moval of the disability. The time during which a defendant absconds or conceals himself shall not be computed. Anjiction begun, and in which there has been a non-suit, discontinuance or dis missal, may be renewed within three months.—: Actions for torts must be brought within three months. § 4L Verdicts or judgment* may be so moulded as to subserve thp eads of justice, and may l»q either for a sum ceriain, for the delivery ot spe cific property, ior the eviction of an intruder, the performance of a court” Contract, or have such other form as to the Judge may seem just and proper, and may in his discretion be in the al ternative.. ... , § 43. The execution of orders founded upon a court contract, may ho enforced by process, as for contempt, whenever the Judge deems it ne cessary. Stay of exccfttfon may be granted as in tbe Superior- Courts, except in cases between master and servant hereinafter provided for. > _ § 43. In the aa)e ot _property imder execution or other order of the County Court, or Judge, the time andplace of salegnd.the advertisement may be as prescribetl in the execution, or in any other iasued by the Judge, provided, that unless the property be perishablte or expensive to keep, , not few than ten ffev^s notice shall be given, unless • < ^Oonmmed on Second Luge.]

Georgia Historic Newspapers

Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, January 17, 1866, Image 1