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"ERROR CEASES TO BE DANGEROUS WUEN REASON IS LEFT FREE TO COMBAT IT."
VOLUME XXI.
ATLANTA, GA„ WEDNESDAY, JULY 2s. m\K
NUMBER 30.
fenoaal.
Mr. J. W. Wai.dbn.oI tiie Talladega (Ala ),
Watchnum—a most excel lent pajier—lain tiie city
and will call upon onr business men, from whom
he desires to receive advertising and mtbscrip
tiona tor bis journal. Tliere is, we learn, quite
a lively trade given by the merchants arid others
ol Talladega to Atlanta, and in view to its con
linuance and extension, the columns ol the
Watchman can lie used with profit l»y the met
chants ol our city. We commend Mr. Walden
to them and trust they will give him a favorable
he&riog.
Beware of Sleep—'The (.ate Erie Betlroad
JMsaeter.
It aeema from the testimony given in the late
Erie Railroad disaster, that no less than
three employees of that road, including the en
gineer, were asleep on the train which caused
the disaster by moving out of its place , the con
ductor was in his caboose or sleepiug car ; the
train was moved without a signal; and, accord
ing to the conductor’s testimony, it is customary
to sleep and la run trains on the Erie RaitroaJ
against positive orders. The verdict bolds the
sleeping engineer guilty, and exonerates all
other employees ol the road.
Engineers should beware ol sleep when on
duty. It matters little whether they arc over
come by whisky, or sleep, upon the occurence
of collisions or other disasters, to those who
■utter therefrom. The one, as well as the other,
should be caretully guarded against. No man
who sleeps upon his engiue should he permitted
to have charge ol one.
Host Excellent Advice.
Mr. Peabody, in his late speech at South Dan
vers, maker, among other excellent remarks,
one that she aid be noted hy those who have to
get up institutions of any sort. He says people
are too apt to lay out their funds in making a
splendid show of architecture, instead of provi
ding the essentials—such as the books ol a
library, or the mere needful masonry, at first.-*
There is certainly too great a propensity to have
everything in showy style, instead ot leaving
such accomplishment to the coining men, with
their suggestions and improvements. In gen
eral, We put too line a point on it, in our haste
to have everything grandiose and ornamental.
Tile Trull*.
“One of the first things,” says the Pittsburg
(Peuu.) Commercial, “the Virgiuia Legislature—
as the result ot ihc laic election— will do, will
be to ratily the filteenlh amendment. An elec
tion wtocli carries with it such results assuredly
cannot he much o( a Democratic triumph.”
This is “ truth in a nutshell I”
New Kind ol 4‘loiliiue.
Ololhiug made from a new kind ol paper has
beeu patented in England. The components ol
the material are said to be some animal and veg
etable substance never before used. When re
duced to a pulp, and bleached, the completed
fabric it a sort of lelt, ol extraordinary pliancy,
flexibility, and strength, it can be sewed with
the needle as tightly as woven labries, and al
ready table cloths, quills, shoes, anil petticoats
are in market, all made from the new material.
The Federal ■■iconic Tux.
By its own limitation, the Federal Income
Tax will expire next year. The New York
Herald, representing we have no doubt the pop
ular feeling of the North in regard to that mode
of taxation, is out in an article, in which it
pronouces the tax an odious one, advocating in
urgent terms its repeal at once—hy the next
Congress as it cannot bo done sooner. It argues
thus: “The income tax is levied on all incomes
exceeding one thousand dollars. Take the
case ot an average family, which is estimated to
consist ol five persona, and the income payable
by the lather ot the family is only two hundred
dollars per head. Now Ihe necessary expenses
ot an individual in these times of high prices
aud depreciated currency are much greater than
this sum ; so that the tax on income, so called,
is really a tax on expenditures, lu other words,
U is a tax 01P what has beeu expended for the
necessaries oi life—a tax which becomes, in tbe
strong lauguage of Adam Smith, “a curse equal
U) the barrenness of the soil and the inclemency
ot the heavens.” It must thus be classed with
those taxes which necessarially tall either on
wages or on profits. In proportion as they di
minish wages they must equally diminish the
comforts or enjoyments ot the largest ami most
important class in society, spreading pauperism,
misery and crime throughout the eoun
try; and, as an able writer on
political economy declares, “they can
not diminish profits without occasioning a
corresponding diminution ot the power to ac
cumulate capital, and without also stimulating
it! trausfer to those countries in which taxa
tion is less oppressive.” In the United States,
where we can boast of bouudless extent ot
fertile and unappropriated land, and where no
feudal privileges fetter the employment of in
dustry or retard the accumulation ol wealth,
such taxes on the uecessaflcs of life are at pres
ent less injurious than in the smaller and more
densely populated countries ot Eurojie. But
even here the rapid increase oi our population
and the steady narrowing ot our nuoccupied
territory will ultimately make such taxes a
grievous burden. The flagrant injustice of au
income tax which can be so unequally adminis
tered that tbe income returns ol halt a dozen
wealthy citizens in New York exceed tbe total
amount of income returns ol New Orleans is
already patent.”
There is force iu these views ol the Herald ;
but etill greater force in one other view which it
presents, to rn!. tbe fact that it is notorious
“where this tax is levied on the same statement
of individuals it fails to coiae up to the true
amount,” aud that it is common “lor uieu living
in fashionable style, keeping equipages aud
several servants, to return to the assessors an
income ol -but a lew hundred dollars to which
we will add, from our own personal observation,
that we know men to live in the manner i*oiiited
out by the Herald, and who iudulge iu all the
luxuries of life besides, who make no returns at
all, and pay uo taxes. We too are inclined to
tavor a repeal ol the "odious" law.
New Fractional Currency.
The Treasury Department Las issued the first
installment ot new fractional currency ten
cents. The Secretary expects to have other de
nominations out by the first oi August Tbe
vtgueiua of any currency are not to contain the
likeness ot any living person. The old currency
got to be, towards the end, covered with por
traits ol employees in the Treasury Department,
whose face* crowded out the pm trails and veil
crated slatesiueu ot the first days ol Ur reput
he. Mr. Clark, the printer, took the place ol
Washington.
Moral Effect of Chinese Emigration.—
The New York Ntar continues to fight the com
iug Chinaman. To bring bun into the Southern
Stales as s laborer, the editor if certain, will be,
practicably, to reestablish slavery—while his
iufioence on the rest ot the country will tie, in
every aspect of the case, bad,—
“The importation of human brings who are
willing to woik k>r $8, $10, $15 a mouth, who
can fatten where bogs would starve, and who
care solely for existence here, and a pig tail cer
tainty hereafter, the writer contends, will fewer
the standard of morality. chea|«-u labor, aud
play sad havoc with the industrial portion ot
itt community.”
From the .itiQinAl and rr
The Trial of Turner.
SECOND DAY.
The Court met yoterday pursuant to adjourn
meet, at 10 o'clock, in tbe third story • A yens’
building.
Before pmcccdiug with the examination ol
witueases, 11 W. Cowles, Esq., counsel tot the
defense, asked the permission ol the Court to
read a few lending principles ol law, in regard
to the nature aud character ol such evidence as
had already been introduced in this case, aud as
to what weight it might have as to the guilt or
innocence ot the accused. The Counui&.fener
granted the request, aud Mr Cowles occupied
about one hour in reading such points ol 1 civ as
were applicable to tire ease iu hand, and by
which he contended the Court should be gov
erned. At the conclusion oi his remarks, the
following testimony was introduced hy the de
tense tor the purpose oi impeaching the testi
mony of J. Clarke Sway ze, as given in this case
on Friday :
.1. F. Long, (colored,) sworn, says: I know J.
Clarke Swayze. 1 had a conversation wiih him
when Lhe dispatch came announcing Turner’s
appointment as Cost master, iu Swayze’s office,
within a month past, 1 asked him it e had heard
the news, i told him that it had been r« ported
that Turner had been appointed Postmaster. He
said he re koued it was not so. About three
.•’clock 1 went again to see him, ami told him it
was positi ely true. lie said “ Turner has
taken advantage ot me; him, 1 intend to
kill him. Long, 1 want you and all other Re
publicans to stand by me.” 1 told him be bad
belter wait till Turner came home, and find out
how it happened. Ain acqtlai ted with Swayze’s
general character ; it is had. From my kuo* I
edge oi him 1 would not lielieve him on his
oath.
Cross Examined—Have known Mr. Swayze
for over a year, have trequeully been with him
at his office, on intimate terms, ever since he
has been here.
Direct Examination Resumed.— Found him out
lately. Associated with him up to a very late
period. On Tuesday or Wednesday, atttr Tur
ner’s return from Atlanta, on the 6th Ol July, an
article appeared iu the Telegraph of this city',
with reference to the matter, Swayze asked
me if I had seen a paper to-day. 1 told him
yes. 1 askeil him il lie believed Turner was
guilty. He said no It was a rebel lie.
No telling how far they could go You can't
expect auy better ot them. Look at the arrest
ol the colored tnau for the murder of Ayer,and
their cheek in arresting Mrs. Adkins. About
the 7th inst. this occurred. 1 do not know
whether 1 lielieved Swayze then or not.
O. T. Ward, sworn, says: I am Ordinary of
Bibb county. 1 met Turner at Swayze’s office
some lour or five months ago. Turner showed
a $1(10 note, he said he had presented it at Nut-
liug’s Bank, and it was rejected. 1 told him 1
would take the hill and have it presented to
some other bank, aud see what they would say
about it. 1 did uot examine the bill closely. 1
liieeled Mr. Gerry, my Clerk, to present it at
another bank, a lew moments afterwards. Tur-
uer never told me the hill belonged to any wo
man over the river.
M. B. Gerry, sworn, says : Mr. Ward directed
me to take it to some hank. I carried it. to the
hanking house ol Oubliedge A Hazlehurst, in
this city. Presented it to the Teller. He ex-
amiued it. Carried it to n adjoining room and
brought it back, aud said it was a geuuiue bill
Never carried auy other bill to bank but lor that
purpose. 1 carried the bill to the First National
Bank ol Macon. It was closed. Think I re
turned there in the alteruoou. It is my impres
sion that I prese led some bill at that hank. Am
uot certain as to th"e result. 1 returned the bill
afterwards to 11. M. Turner.
P. W. Doyle, sworn, says 1 know Swayze.
About the first day ol May I had a conversation
with him iu reference to Turner, in my store, in
this city. He came i and asked me it I had
heard what Turner had done. Turner had gone
to Washington with a list of names, asking his
(Swayze’s) appointment as Postmaster in Ma
con. Turner had erased his name and inserted
his own (Turner’s.) He said he was going to
give Turner . He hail Ihe documents or
would procure them with which to do it. Swayze
said he had received a letter lrotn Washington
to that etlect, and that Turner had collected
money lor his paper and was traveling on it
there. Swayze’s character is bad. 1 would not
believe him on oath.
William Jones, (colored) sworn says • I know
Swayze by sight.. On the corner of Payne’s
drug store, iu this city, l heard one evening,
alter 6 o’clock, Swayze say to another man,
man, “Turner is a d—d rascal. 1 will soon
have him where the dogs will uot bark at him.”
According to what “the people” say of Swayze,
bis character is bad, and I would not believe
him ou his oath.
lames Fitzpatrick, sworn, says 1 have lived
in Macon almost twenty years. Have been
here lor a few years continually. A in a mem
ber ot the Georgia Legislature. For twelve
months past have been well acquainted with
Swayze’s character in this community. His
character is bad. I would not believe him on
his oath.
Cross-Examined—Km not very friendly with
Swayze, nor with Turner.
Frank Dishroon, (colored), sworn, says :
The people have an opinion that Swayze’s char
acter is bad. According to what tiie people
say, I would not believe him on his oath. I had
no tight ou Wednesday last, to disbelieve Mr.
Swayze’s statements to me about anything.
T. G. Steward, (colored), sworn says: I am
acquainted with the geueral character of
Swaye in this community ; it is bad. From his
general character 1 would not believe him on
his oath. I am a minister in ebatge of the Afri
can Methodist Episcopal Church in this city.
Cross Examination — Since April my opinion
of Swayze has beeu the same as now. 1 atu
Cashier ot the Freedman’s Savings’ Bank ; Mr
Swayze was a member ol the Advisory Com
mittee for some lime. Aiy intercourse with
Swayze, as with all men, whether 1 would be
lieve them on oath or uot, is pleasant, and has
been al ! the tune.
Wm. H. Whitehead,sworn, says- I am As
sessor Internal Revenue, Second District <>l
Georgia. Am acquainted with Swayze’s gen
eral eharcter ; it is bad. From my knowledge
of it, would not believe him on nalb.
Cross Emanation—Do not have respect for
Swayze, aud have nothing to do with him.
Fred Johnson, (colored,) sworn, says Know
Swayze’s character in this community , it is
bad. I Would not believe him on oath
Adjourned till 2-ip. in.
AFTERNOON SESSION.
Court met pursuant to adjournment, and alter
being called to order, the counsel tor the defense
proceeded with th ■ examination ol witnesses
li. D. Shropshire, sworn, says : Am local and
commercial editor ot the Macon Telegraph ; re-
U ned to an article in the Telegraph , recogniz-d
it as one reproduced 1 urn the Augusta Chroni
cle and Sentinel, of the (3th of July, and repub
lished in the Telegraph ou the Stir; the article
refers to llie arrest ot the Macon Posumtster ;
the Chronicle and Sentinel arrives in Macon late
in the alteruoou ot the day on which it is pub-
Isslud ; we usually gel it Irom the t*osb>fliee tin-
next morning alter its arrival.
The object lor introducing this testimony bv
the counsel lor the accused was to impeach
Sway ze’s testimony, by showing that in his rc
mark that he referred to the article in the Tele
graph, which did not exist at the time ol said
couveisatioii between Turner aud Swayze—the
article being published subsequ nt to said c>.:i
vcrsalion. The article was admitted by lle-
L5>urL (The conversation alluded to, as the
counsel contended, look place. Swat ze stated,
on the Fourth ol July, and the article had no
existence until thetith )
The following witnesses were then introduced
to prove the had character ol Swayze and im
peach Ids testimony in regard to Turner's -i!
lesed couicssiou to him. ftri .--aux- qm-slioi,-
*rr<- put to each of the witnesses, aud the same
replies, subsist tialiv. were made by all of them,
viz: That Swayze was a man of bad character,
ami that th*v would not liel'icvc -him on oath iu
a Court of Justice: W. H. Berry, Wm. Avant,
James Martin, S. F. Gove, whites, and Wm.
Clarke, colored.
At the conclusion ol the examination of these j
last named witnesses, the testimony ol tin- de j
lease ch<sed, with the reun-rk, ou the part ol t
Colonel \V* .‘ins, that live hundred witnesses :
could be adduced to prove the same thing to ;
which they testified, but he presumed it was uu j
necessary to prove* d lurtber ou the subject, and <
this argument then Iwguu.
Mr. John A. Stephens, of Atlanta, had the I
opening speech, and he very ably defended the '
accused. He was tollowed by his associate iu I
the case, CoL John B. Weems. I
Tne U. S. District Attorney, Ool. John Mil
ledge, then proceeded to examine the testimony
which had Ijeen ottered. He concluded tliat it
was a duty which the committing magistrate
owed to the credit ol the Government aud to
this community that the prisoner he bound over
to the U. S. District Court.
The arguuicul l*eiog closed. Commissioner
Morrill solicited from the counsel in the case the
privilege ot associating John U. Shorter, Esq.,
w ith himself while endeavoring to sift the testi
mony, which was agreed to, aDd the Commis
sioner then announced the adjournment ot the
Court till Monday morning, at 10 o’clock, when
his decision would be viven.
Fractional
Redemption or in litllated
Currency.
Mutilated fractional currency is a great an
noyance to our people, dt is particularly so to
the poor, and to none so much as to a class in
which we have an espeial interest, the news boys.
The lollowiug are the regulations of the Treas
ury Department in regard to its redemption :
Defaced fractional notes, it whole, are not
considered as mutilated when presented for re
demption ; nor is au evidently accidental di
minution reducing the note hy not more than
oue-ientli ol its size regarded as a mutilation.
\. Fragments ol a note will not he redeemed,
unless it shall be clearly evident that they con
st i utu one-hall or more ol one original note, in
which case a note, however mutilated, will be
redeemed iu proportion to the whole note, reck
oning by fifths, except three cent uoles, which
will he reckoned hy thirds.
2. Mutilations less than one-tenth will be dis
regarded, unless fraudulent; but auy mutilation
which destroys more than one tenth ot the
original note will reduce the redemption value,
or, il a three-centnote, by one-third its original
value.
3. Fragments ot a three cent note will not be
redeemed, unless such fragments constitute
fully two thirds ot one note in its original form.
4. Mutilated notes presented lor redemption
must tie in sums not le.-s than three dollars of
their original value.
Small amounts, as above, can be sent by mail,
postage Iree, directed to “Treasurer of the Uni
ted Slates, Washington, D. C.” Remittances
hy mail to the Treasurer are invariably at the
risk ol the owner. Money intended for redemp
tion should be sealed or tied tip in paper of suit
able strength, and plainly marked ou the out
side with the owner’s name and full address,
and with the amount enclosed ; the package
should then be sealed up in an envelope, togeth
er with a letter ol advice, written on not less
than a half sheet ol commercial note paper,
stating the name and lull postolfice address ot
the owner, the value ot the remittance, and the
manner in which returns shall be made.
The Cliisnau Oiaappearins..
Tliere will soon be au end to ihe fashion of
chit!nous in France. Ingenious Parisians have
learned to make them Irom silk threads, which
are woven and dyed expressly for the purpose.
The illusion is said to he perfect, aud cheap
patent hair will soon be withiu the reach ot
those unfortunate creatures who, till uow, have
had to content themselves with the locks which
God gave them.
There will he need of less perfumed waters
in hot days, when the odious chignon disappears.
It has beeu otleusive long euough,as well to the
eye as it has been in lieated weather to the nose.
Let it go!
Relief.— It is said that Joseph Brown aud
Kent McCay will give the most latitudinarian
construction on all tbe measures ot relict fixed
up by tbe Convention and Legislature.— Colum
bus Run.
And it is right—it is just what ought to be
done lor an uutorluuate and suffering people.—
It is the duty of the judges to construe the laws
liberally and to grant all the relief possible uuder
the Constitution to the citizens of the State.
“Tbe Imperialist.”
The fifteenth number of this paper has been
issued, and has reached this sanctum notwith
standing the prophecies of several ot the North
ern presses, that it would expire long ere this.
We see, however, in the issue belore us that it is
destined to longer lile than it lias ye* reached,
and is conducted with au ability aud steady per
severance in the policy it started to advocate
that indicate no faltering or lack of support in
its purpose. Its leader in the fifteenth number
is on “Agrarianism”—agrarianism ‘fin this day
au.d age,” which it defines to be “that species ot
philosophy among whose more prominent apos
tles may be mentioned Robert Kidd, Dick Tur
pin, and Murrell; which is unable to see why
John Smith should toil with a hod, while Wil
liam B. Astor enjoys unknown millions”—that
does not see “ why you, sir, should have a thou
sand acres of land, while I have noneand
that goes in “ for a general division by right ol
the decision of the majority, or at least by right
of might.”
The bold proposition to repudiate the nation
al debt, and the organizations which are being
lormed throughout the Union to advocate a
direct and unscrupulous crusade against capital
in every forak, it adduct! as another evidence ol
the agrarianism prevailing iu the country,
showing tliat “the ordinances ot God against
stealing is- losing its hold upon the respect and
consideration of the populace.” In short, this
“Imperialist” like all other extremists, who set
out to teach the public, having but one idea to
advance, and one iuterest to promote, in its zeal
to do so, has failed to conceal the important fact,
liiat it is, itself, in the iuterest of but one class,
aud that the most favored class, the bondhold
ers and the capitalists of the country. To save
these from the evil efiects of agrarianism and
repudiation it would establish an Empire, and
boldly avers that ‘ under an autocrat the rights
of property will be safe as they are to-day in
France.” For ourself, looking upon the reme
dy as bad as, il uot worse thau tbe apprended
disease, we shall decline joining the Imperialist
iu its own wild crusade agaiust republican gov
ernment, which though now, iu these United
States, “may not be the best in the world” has
been so, and may lie made so again.
Fkrnelius calls disease au attection of the
body, contrary to nature; a purtubation of its
habit; a derangement ol its courses. What
disease is, sometimes eludes human intelligence,
but some diseases are known—their origin, ac
tion, ami even their antidotes. Whoever has
discovered an actual remedy for one disease, has
done something for his race. Doctor Ayer has
done more, for his medicines ailord ns the means
to control and cure several dangerous disorders.
Wc rarely speak on medical subjects, prefetriug
to leave them to physicians, who understand
them bolter. But such efiects as are seen in our
midst, on affections of the lungs by Ayer’s
Glierry Pectoral, on scrofulous complaints by
his Sarsaparilla, and on the several complaints
that they cure by Ayer’s Pills, should not be ig
nored.— r'eukuk (Iowa) Journal.
Jkfse Grant, Esq., talker <»f the President,
and Postmaster at Covington, Kentucky, inter-
viowed the Treasury Department, and particu
tarty the Revenue Bureau, on Thursday, and
appeared to take great interest iu the Working
oi the great revenue machine. He said be
wanted all the dishonest rnen turned out and all
the honest men put iu office. Honest old soul \
A Child Whipped to Death.—A day nr
two since, says the Charleston News, a negro
woman living at Myrtle Grove, on the Cowba-
hee river, took her child into the woods, whipped
her severely', and went off. Shortly alter she
called the child, and receiving no answer, went
to the spot where she was left, and found her
dead. Magistrate Colcoek held an inquest, and
a verdict was given in accordance with the
above state menu
Correspondent.^ Uetw«eu Governor Om-
lock and tbe : ouplrnllor General Hell.
We lay before -mr readers the lollowiug copy
of a correspond*, fine which recently took place
between His Excelleucy, Governor Bullock,
and tbe Comptroller General ot the State, the
Hon. Madison Bell, to which we invite
special attention. The correspondence speaks
tor itself, am! it is not necessary that we should
present views of our own, on this occasion, on
the subject matter to which it refers. The en
quiry made by tha Governor of the Comp
troller General in view to the statement
that had been made, was proper in itself, and
the reply of the CoirPTBOLLER cannot but satis
fy all unprejudiced and honest men, that neither
has he, nor tbe Governor exceeded the powers
vested in them, tin- one in the drawing of
warrants upon the Treasury to pay demands
against the State, and the othBf iu auditing and
passing them over to the Btjpe Treasurer for
payment. Both the :w aod^retvjeut sustaiu
their action in the c vtter, ^nd Treasurer
Anoier is alone at I?*,.**. as we have heretofore
shown, in the matter bi controversy between
himself, the Ex* entive and the Comptroller, in
setting up his opinions as against the judgment
and authority of the_£xecutive head of the
State Government.
CORRESPONDENCE—GOVERNOR BULLOCK’S LET-
t+.r.
EX6.UUTIVE I)BPARTM«NT, 1
Atlanta, Ga, July IT, IsHtl (
Hon. At. Bell, Comp. General;
Sir—Your attention is invited to the follow
ing extract from a published statement made in
the interest ot the Hon N. L. Augier, State
Treasurer:
“ We presume the Chief Justice does uot
wish to be understood to say that the Trea
surer has no right to refuse to pay a warrant
when there is no appropriation to cover said
warrant, or- when the warrant is drawn on an
"appropriation which has been exhausted, even
“ though the warrant may be approved by the
“ Comptroller Geueral. „
“ No class of warrants have been refused by the
“ Treasurer, save those drawn upon an appro-
“ priation after the same has been, exhausted, those
“ drawn upon the wrong fund, and those drawn
“ when no appropriation existed to cover them."
1 dtsire to, be informed : 1st, 11 any warrant
has been drawn liy the Executive and approved
by you “ on an appropriation which has been ex
hausted ?"
As to those referred to “ drawn upon the
wrong fund,” it is of course simply matter of
opinion, wherein the Honorable Treasurer places
his own in opposition to tfe official act of the
Executive, approved by the Comptroller in ao
cordance with the written opiuion ol the At
torney General.
The objection of the Honorable Treasurer to
the warrauts “ drawn on the wrong fund ” is
not that said warrants do not represent a lawful
claim against the Slate, but that in his opinion,
what the Executive, the Attorney Geueral, and
yourself, unite in deciding to lie the right luud,
is the “ wrong fund."
Also, please inform me: 2*i» If any warrant
has been drawn Ly die ExmritVe'auiTApproved
by you “ when there is no appropriation to cover
said warrant t"
Very respectfully,
Rcfus B. Bollock, Governor.
REPLY OF THE COMPTROLLER GENERAL.
Oowptkoller General's Ofr cb, t
Atlanta, July Id, LCd )
To His Excellency Ruf us B. Bullock :
Sir—I acknowledge the receipt ot your com
munication of the 17th inst., calling my attention
to a certain statement “ made in the interest ol”
the State Treasurer, and in reply have to say—
1st. That I have never knowingly approved a
warrant drawn on any fund alter it was ex
hausted, because I knew such approval would
be in violation of the express provisions of Para
graph 7, Section 94 of the Code. I would state,
however, in this connection, that upon the
hypothesis that the contingent fund appropriat
ed by the Legislature of 1868, lor the latter halt
of the year, was limited to $10,000, said fund
was over drawn by about Atty dollars, but the
warrant was the last one drawn on that
fund, and was in favor of the Treasurer himself,
to cover incidental expenses, such as postage,
etc., which he had paid. This warrant was ap
proved without that close scrutiny and calcula
tion usually adopted, and I suppose the same
thing occurred with the Treasurer. But it may
not be amiss here to state, that according to the
opinion of the Attorney General, the fund was
not limited to $10,000, by reasou of the latter
clause of the section appropriating it, and in
this view of tbe subject, the appropriation was
not overdrawn. By the same section of the
Appropriation act of 1868, fifteen thousand dol
lars was appropriated as a Printing Fund, and
it was declared in tbe latter part of said section,
that “ in case of a deficiency in this appropria
tion, the Governor is hereby authorized to draw
bis warrant on the Treasurer for the same, to be
paid out of any money in the Treasury not oth
erwise appropriated.” I was satisfied that the
clause just quoted, rendered the appropriation
indefinite and unlimited, and therefore when
the fifteen thousand dollars was exhausted, I
did not hesitate to approve warrants drawn on
the same stetiou. Besides, my own construc
tion ot tbe law was sustained by that
ot the Attorney Genera], whose opinion
I had taken the precaution to obtain, before ap
proving any warrant after the $15,009.00 had
been exhausted. Indeed, whenever I had any
doubt as to wbat course 1 should pursue in ap
proving warrants, I submitted the matter to that
officer, he being, under the Constitution, the
legal adviser ot the State.House officers.
2*1. I have never, to my knowledge, approved
a warrant drawn hy tbe Executive “when there
was no appropriation to cover said warrant.”—
I have approved many warrants where there
was no special appropriation to meet them, but
iu all such cases, I recoguized the authority to
do so under some general clause of the Appro
priation Act, or under some provision of the
Code of Georgia, and I considered it in such
cases, as much my duty to approve the warrants
as if they had been drawn on some special ap
propriation which had uot been exhausted.
Iu reference to the subject of warrants alleged
to have been drawn on the “wrong fund,” I beg
leave to Say in justification of tbe course I have
pursued, that 1 have Lot at auy time to my
knowledge approved a warrant drawn upon a
lund specially appropriate) and restricted to
Some other purpose. 1 have approved warrants
drawn ou the Printing Fund lor advertising
Executive Orders, Proclamations, &c., which I
understand the Treasurer has refused to pay,
beirausr Ihcj wnv not drawn on the Contingent
Fund. 1 Lave not b»<-n able to satisfy my mind
that such warrants were drawn ou the wrong
fund.
indeed, I have considered myself justified both
by law and precedent, in the course I have pur
sued. Section 1,043 of the Code declares, that
“ all printing other than that performed hy the
Public Printer, which necessity may demand,
shall be printed at the seat of Government, or
sach other place as may be necessary, in
the discretion of the Governor under his j
direction and supervision, upon
bie rates, to be paid tor out ot the Cou-
tiugent Fund.” 1 have not considered the ad
vertisement of a UriKdamatiou as at all coming
within the meaning or intention of this section,
la-cause the word “ printim-” is used, and has to
my mind a distinct technical meaning; different
from the word “advertising” or *’ publishing.”
It clearly- means such job work as it may' be ne
cessary to have done, o'dside ot that which the
law requires the Public Printer to do, and nut
the publication of an Order or Proclamation.
In the performance ot the latter seivice, it is not
the mere skill and labor ot settiug up the type
and striking off the sheets that constitute tbe
gist and value of the service. It is the space iu
the newspaper, and the circulation aud publicity
thereby given to the notice The mere printing
of tbe notice is not what was intruded, nor
what is charged for in such cases, but it
is the publication and circulation ok the notice
amoDg the people. The knowlelge'and infer
matiou thus promulgated and imparted to the
public constitute tin consideration' for which
the warrant in such cases is issued ; such a war
rant, therefore, m my judgment, is not lor that
species of printing referred to in section 1043 of
the Code, aud hence may properly be drawn on
the Printing Fund, lu oilier words, the law, in
my judgement, does not restrict the payment ol
claims for advertising, &c., to the Contingent
Fund, aud in this view 1 am amply sustained by
the practice of the Governors and the Comptrol
ler Generals ot the Slate for many years back.
It was the practice of Governor Jenkins, as the
warrant books in this office show, to draw war
rants lor publishing proclamations, orders, &c,
on the Printing Fund, aud this section, 1043, of
the Code was iu as full lorce during his admin
istration as it is now. In all such cases, il the
warrant was within the amount appropriated, 1
did uot consider myself authorized or required
to go behind it, because the law, iu my judg
ment, casts no such responsibility upon me.
It. may not be improper in me to state before
closing, that 1 made a lull statement to the
Legislature of 1889, in my report ot every war
rant that 1 had approved up Ihe 1st of January
fast, giving the number, date, amount, the pur
pose for which drawn, the person in whose
favor drawn, atul the fund or appropriation up
on which each warrant was drawn, and I ex
pect, to do so again when that body assembles.
Ami it, will) this information liefore them, they
shall again adjourn, leaving the law in reference
to the issuing and approving of Executive War
rants as it uow is and seems to have been for
y ears past, I shall continue to do, in the future,
as 1 have been doing heretofore. Very respect
fully, Madison Bell,
Comptroller General.
The City of Parlan—A Competitor for
Brunswick.—If our information be correct—
and we have no reason to doubt it—the city ol
Brunswick is about to encounter formidable op
position iu a new town, to be located on Colonel’s
Island, on the opposite side ol the bay. The
island contains about thirty-six hundred acres ol
good buildiug laud, and has a water front on
the bay and Turtle river ot several miles, with a
depth of water along the whole line very near
to shore ot from three and a half to five and a
half fathoms. It can,' thus,-always he reached
m tow into by auy vCDnel tiiVtFC.an itoss the oar,
while the anchorage ground immediately in
front of the new cily will be unsurpassed. The
island is open to Ihe sea brei zc, entirely stir
rounded by salt water, and healthy at all seasons
of the year. It is separated Iroin the maiulaud
by a small creek, which can be bridged with lit
tle cost.
The owners of Colonel’s Island have placed
lhe property in the hands of lour commission
ers, who are having it surveyed and laid ot into
lots by a competent engineer and expect to
bring them into market at an early day. The
city' is to be called Parian, in memory of the
lather of the present ow ners, and they claim
that tbe site, in a commercial point of view,
presents several important advantages over
Brunswick.
First. Its locatiou immediately on the deep
water of the bay, already referred to.
Second. It is said to he eight mi es nearer to
the Atlantic and Gulf road, wiih a fiat, even and
hard surlace throughout the intermediate coun-
try.
Third. Its connection with Florida in the rear
by the Satilla river, and St. Andrew’s Sound,
without delays from low water and other causes.
Fourth. The. title to the property will be clear
ad indisputable. It is one ot the finest sites for
a city aloDg our whole coast, and those who pur
chase lots will have assursoeeot a peaceful and
undisturbed possession.
These advantages and others are claimed for
the new city of Pariah, and the proprietors,
we learn, expect to have it iaiil o0 and mapped
at an early day, with the view ot bringing it
prominently belore the public.
\_Samn na h Republican.
Our Weekly Local Department.
Mysterious Death—Yesterday afternoon,
between 5 and 6 o’clock, the body of a man
was discovered on the track of the Georgia
RailroaJ, near the Augusta Factory. When
approached, life was feimd t<> be extinct. Coro
ner Kbodes was notified, when a jury was sum
moned aud an inquest held. The deceased was
an Irishman, apparently about sixty years of
age. He was not identified by any of those
who saw the body, and his name was only
learned from his citizenship papers, tound in
his pocket. From these, it was learned that his
baroe was Patrick Twiggs. The body exhibit
ed uomaiks of violence, and the jury returned
a verdict ot dealh Irem Providential dispensa
tion —A ay usta Constitutionalist.
Another Boll of New Cotton.—The Sa
vannah News says : Messrs. J. F. & M. Hamil
ton received on Saturday last a boll ot new cot
ton Iron) the plantation ot one of their corres
pondents in Laurens county, Ga. We learn
that several factors expect to r< ceive bales of the
new crop within the next two weeks.
* The Greenville South Alabamian learns that
the yellow fever is prevailing to an alarming ex
tent in Pensacola, and that il is apprehended it
will lie a scourge during the entire reason.
—
A Big Fight.—Tbe Macon lelegrnph of yes
terday has an account ot a big fight which oc
curred the day before in Ayers’ Building, be
tween M. M. Hall, a city policeman, and J. C.
Swayze. It says tliat “Hall had asked Swayze
to remain in the room after the crowd had lett,
at least he detained him for the purpose ol Gain
ing him for an article that appeared iu Swayze’s
paper last year, in regard to Hall’s demuniatien
of bis own son. After Swayze had been struck
once or twice hy Hall with the cane he grasped
Hall by the throat, and bore him against the
wall, when the struggle was fierce for a few
seconds iu which Swayze managed to gel the
stick fiom Hall and struck him several sharp
blows, when officer Neil aud others separated
them. Swayze was nurt pretty I .wily about the
head and shoulders ; but ivr must, as au eye
witnes-, say tliat lie made a g-tiue aud bully
tight against a Uii« !, la c-r man than btmselt,
and one wb«. had alia* Li d Inm au uut:qir* l, d y
and unfairly.”
We should be particular as to our diet this
weather. Ealing causes moat oi the sickness
we have. Fresh vegetables and good ripe Irnit
are healthy, but we doubt the pmdcDce of eat
ing some lruit, or vegetables, we have seen in
market. The press groans with adveitisements
of physicians, referring to bile, indigestion,
heart burn, and other complaints. We are all
enjeyers of good things, and all .-ufiere/s in some
way or other from partaking ot them.
We ate gratified at seeing the work that has
been'doue ou Line street.
Personal—Mrs. Ames, wife of Col. Ames
of the New Orleans, Circus is in the city'.
Deeming it just to tbe community, we think
iu a few days of giving sketches of several new
comers in our city, w ho ate candidates lor pal-
ronage
We were iutopned at nine o'clock last night
that the lriends of Air Gaines Chisholm had
hopes of Lis recovery.
Per-onal.—Judge Hillyer. Hon C. Peeples,
and Hev. Macon Crawford, are in the oily.
Dead.—Mr. G. T. Oldis, ot Ames’ New Or-
, leans Circus, died suddenly last week at Raleigh
North Carolina, ot apoplexy.
The Quo Warranto cuae against T. Spencer,
a Justice of the Peacc^appoiote.l by Governor
Bullock, which was set down for yesterday, has
been postponed until the 4th Monday in Au
gust.
Before Judge Smith.—Ou yesterday John
Moon—Bastardy—Gave bond for the support of
the child.
Ann Jones—Obscene language—Fined $5 00
and coals.
Isaac Harris—Larceny from the House—Six
months in the chain gang.
Immigrants.— 1 u the last thirteen years a
vast tiumher ot immigrants have lauded in this
country. A large pioportion ot them are just
such persous as we tu-eJ. As the country set
tles down, the Southern Slates will have as
many immigrants as they w'ish ; the lands ol
the South will be settled up ; Southern re
sources will be developed an.I our wealth and
importance will be lelt.
During the past thirteen years 515,217 labor
ers have come to this country ; 264,949 larmera;
196,503 mechanics; 71,414 miners, aud (38,(528
servants.
We always think better of humanity after
meeting with so clever and whole-souled a gen
tleman as our handsome friend M E. Kenney,
down on Alabama street. Those wishing an
extra good article of Ale, Brandy, Wine, a
number one Segar, or anything in his line, will
find him generous in his nature, and always
courteous anil polite, either in business or other
wise. Go see him
United States District Court - Honora
ble John Kkskink, Presiding.—The regular
weekly session in Bankruptcy was held yester
day at the United Slates District Court room.
Some orders were taken in different cases. Ar
gument was had upon questions involved iu the
ease of Isaac N, Shannon, assignee of Dexter B.
Thompson,Bankrupt, vs. R J. Moses, purchaser
ot lamb-<>f the Bankrupt at Sheriff’s sale. Tbe
case will be beaid lully at Savaunali, belore the
District Court lor the Southern District.
Certificates ot Discharge were granted by tbe
Court to Bass A Johnson, fames A. Bass, Wm.
B. Johnson, Henry E. Eneas, Aaron Murdock,
Joseph Schultz
High Price of Peaches.—A crate of peaches
containing three pecks, grown in Williston,
South Carolina, by J. M. Smith, w as recently
reaeona- • sold in New York for $20.—Charleston News.
WKaTiRN A Atlantic Rait.ko.at>, »
sJnperiutPiirteut’a Office, Atlanta, On,.,.luly \
To His Excellency, Rufus B. Bullock, Governor,
Atlanta, Cl a :
Sir—1 have this day paid to N. L. Angier,
Esq , Treasurer td the State of Georgia, Twen
ty five Thousand ($25,000) Dollais, for the
mouth of June, from the earnings ot the West
ern *fc Atlantic Railway.
I am, Governor, very respectfully, your obe
dient servant, E. Hulbert, Snp’t.
Bacon.—We regret to hear that so few of our
farmers are making efforts to raise their meat.
We should not only grow our corn, and have an
abundance ot meat, but there are various other
things that should be made in Georgia. Before
the war abont 85 cents out of the 100 made
South, was sent North to purchase various arti
cles, many of them could have been dispensed
with, and a great many others could have been
manufactured at home. The Southern people
are beginning to place themselves under the
same disadvantages. To fence a field,or to turn
the soil, the planter must have tools from the
North ; his mule must be raised in Missouri or
Kentucky, and must be hitched to a Northern
made plough, by Northern made chains, and
driven with Northern rope; a foreign manure is
carted to bis land in wagons made abroad; aud
tools manufactured outside of Georgia are used
to prepare and cultivate his ground. Mules and
hands are fed on provision raised in lhe West
all this is done to grow cotion to be sent North
and manufactured. Is this wisdom 1' Is it not
poor economy ?
Alleghany Springs.—With every arrange
ment for the comfort and pleasure of visitors,
these celebrated springs are now open lor the
season.
Situated, as these springs are, on the Roanoke
river, in Montgomery county, Va , at the foot of
the Alleghany Mountains —with its excellent
hotel, its comfortable cottages, its beautiful
scenery, the cuialive qualities ot its waters, its
tine society, and the popularity of its proprie
tors, it cannot fail to attract a large number ol
visitors this season.
The Alleghany Springs is one ol the South
ern tier of Virginia watering places, scattered
along tbe route of tbe Virginia and Tennessee
Railroad, and are very accessible to the “Alum,”
“Coyners,” “Montgomery White,” the “Yellow,”
“Greenbrier,” and iu fact all ot the celebrated
springs ol Virginia.
These spriugs are situated only two or three
miles Iron, the Virginia & Tennessee Railroad.
Long will we remember the beauty of the sur
rounding scenery of the Alleghany Springs—the
ever attentive and courteous gentlemen who
preside there—the pleasant and social collection
of people we met—the fine vegetables—the
abundance of milk aud butter—tbe sweet beet
and mutton, and the attentive servants.
To all, seeking health, comfort, pleasure
beautiful scenery and a delightful climate, we
r beet fully recommend the Alleghany Springs of
Montgomery county, Va
We kind the following little slam in the
local columns of the Atlanta Intelligencer,
adopted from some other paper. The beauty
o‘ the thing is, it ceases to be irony when ap
plied to some of the merchants iu Allanla :
“Don’t advertise ; it is a bad plan. Il will
call attention to your place ol business, aud it is
much belter lor people who wish to trade will)
you to hunt you up. It gives your customers
exercise and ninkes them healthy; besides, if
you advertise, somebody will buy up all your
uuu Is ami then you will have to get more, aud
a will be a great bother to yon.”
The merchants oi the “ Gale City ” like such
advice as that. They fellow U to the letter.
The result is, they drive a dull trade in compar
ison to what they would otherwise do. A gen
tleman came into our office some time ago, and
asked us to recommend to him some hardware
establishment in Atlanta. Bat there was no
such firm advertised in the city papers, and our
friend had to torn his attention in some other
direction. If there is a hardware firm in At
lanta. they lost, in ibis single instance, an order
that would probably have remunerated them for
a whole year’s judicious advertising. More re
cently another gentleman asked U3 to furnish
him with the address ot some Atlanta bank. As
iu the former case, there was no such institution
advertised. What we have said is merely the
•ext of what might be made a very effective
sermon. Wehope Messrs. Lumpkin and Whidby
may deliver it with unction.—Monroe Advertiser.
Supreme Court of Georcta-Jane Term,
1869.
Order of Circuits and number of eases from
each:
Pataula Circuit as caae»
South western Circuit Si
Middle Circuit 7
Eastern Circuit S
Cherokee Circuit 14
Bine Ridge Circuit 1
Tallapoosa Circuit it
Atlanta Circuit 3
Flint Circuit il
Northern Circuit 8
Western Clrcnit 1
Chattahoochee Circuit IS
Macon Circuit 7
Ocmulgee Circuit 3
Rome Circuit 4
Monday, Jaly 20,1869
The Court met pursuant to adjournment.
Judgments ot affirmance were rendered in the
following^cases: Broughton vs. Goodwin—Rule
Nisi to foreclose a mortgage from Troup; Reid
& Bro. vs. Spencer—Motion for a new trial from
Troup; Chantjler va Johnson, et. al.—-AdKnitpsft:
irom Fulton; Martha A. Bull, Executrix vs. Sf.
Johns—Complaint from Troup; Miller vs. Dwilt-
Ejectment from DeKalb; and Henderson vs.
Massey & Hertz, and J. D. Pope endorser—As
Company vs. Burnham and Wands, Chief Jus
tice Brown having been ol counsel in the Court
below, did not preside. Justices McCay and
Warner heard the case and disagreed ; there
fore, the judgment of the Court below stands
affirmed.
Wednesday, July 21, 1869.
The Court met pursuant to adjournment.
Argument was resumed and concluded in
case No. 7, Atlanta Circuit, Brown vs. Crowley
—Complaint from DeKalb. Mr. A. Candler,
Esq., tor plaintiff in error, and Judge Wm. Ez-
zard for defendant in error.
No. 8. Atlanta Circuit—Center & Treadwell
vs. Larkin II. Davis, was argued by Messrs.
Calhoun & Son for plaintiffs in error, and Judge
D. B\ Hammond for defendant in error.
Tiie Court adjourned pending argument in
case No. 1, from the Flint Circuit.
Thursday, July 22, 1869.
Argument was resumed and concluded in case
No. 1, Flint Circuit—Dicken vs. Dickeu, Libel
for Divorce, from Spalding. Mr. Boynton for
plaintiff in error, and Col. Bailey for defendant
in error.
No. 2, Flint Circuit—Wooten vs. Wilkins—
Was argued by S. D. Gwin, Esq., for plaintiff in
error, and Col. Doyal for defendant in error.
No. 3, Flint Circuit—Jackson, et at, vs. Cor
bin, el al.—B. D. Irwin, Esq., opened for plaintiff
in error. Col. Doyal replied for defendant in
error, aud the Court adjourned till 10 A. M., to
morrow.
Friday, July 23,1869.
John P. Fort, Esq., ot Macon, was admitted
to the bar.
B. D. Irwin, Esq , resumed and concluded the
argument in case No. 3, from the Flint Circuit.
No. 4, Flint Circuit—Smith vs. Cranberry,
adrn’r. de bonis non—Injunction from Monroe—
Was argued by Col. Robt. P. Trippe, for plain
tiff in error, aud Messrs. Cabaniss & Peeples f* r
defendant in error.
Pending motion to dismiss case No. 5, from
the Flint Circuit, the Court adjourned till 10 A.
M., to morrow.
The Case of Mary With am—In Bank
ruptcy.—We are indebted to the courtesy ot
Mr. Bmith, Clerk of the Court, for the facts in
tliia case, and the decision ol Judge E skine.
Erskiue, J.—In giving its decision, the Court
will be guided by the foregoing statement of
tact8 :
On the 3d of April, 1858, Baldwin & Co., ad
vanced in behalf of the Bankrupt and in pay
ment lor the house and lot in LaGrange, Geor
gia, included in her schedule, aud out of which
she claims exemption, one thousand dollars, and
at the same time and place she and her Trustee
John D. Witham, executed a sealed instrument
acknowledging the same, and to further secure
the payment theeeof, they then and there exe
cuted a mortgage, executing a note for one
thousand dollars, and stating in it and the moil-
gage the language following : “And for the pay
ment ot this note we hereby mortgage the bouse
and lot on which we now live, in the town of
LaGrange, Troup county, known heretofore as
the Durand Lot, this note being ior the balance
of tbe purchase money advanced by Baldwin &
Co., in our behalf ior said lot.” Afterwards to
May Term, 1859, of Troup County Superior
t’ourt—said Baldwin & Co., filed their Rule
Nisi to foreclose said mortgage and afterwards,
by due process of law in said Court at the No
vember Term, 1859, said mortgage was fore
closed and judgment granted in behalf of Bald-
wine & Co., against said mortgaged premises.
The execution on this judgment went into the
hands ot Waters B. Jones sheriff of Troup
county, against whom a Rule was afterwards
taken and he was required to pay the money
and did pay the money under an order subroga
ting him to all the rights of Baldwin & Co., to
the full amount proven in tbe proven debt sub
mitted.
Tbe question submitted is which shall prevail
the Equities of Baldwin & Co., lor the use of
W aters B. Jones sheriff, or the claim of exemp
tion set up by Mary Witham.
It was contended on the part of Baldwin &
Co., for the use of Jones, tbe Sheriff, that this
is a case of a vendor’s equitable lien for unpaid
purchase money. This Court has repeatedly
ruled that where the vendor’s equity is estab
lisbed, the bankrupt is not entitled to have any
of lhe land upon which such lien exists exempt
ed under the provisions of the bankrupt law ot
March 2,1867. And also, that the same rule
prevails, it the land is sold by order of the
Bankrupt Court, for distribution or other pur
pose, the bankrupt is excluded from any of the
proceeds arising from the sale. So long as the
purchase money remains unpaid, the vendee
and all who purchase of the vendee, with notice
of the lien, are tiustees for the vendor, unless he
has, by some act waived his lien.
But, in the opinion of the Court, the vendor’s
Hen is not involved in the matter under consid
eration. When the bankrupt, Mary A. With am*
by her trustee, purchased tiie house and lot in
LaGrange, Baldwin & Co., were not the owners
of the land, nor does any part of the record
show them to have been the owners, or
that they ever claimed any title or inter
est whatever in the land. Neither
were they the vendors. The relation of vendor
and vendee has never existed between Mary
Witham, the bankrupt, or her trustee and
Baldwin & Co. True, Bald win & Co. advanced,
on behalf of the bankrupt, on the 3d ol April,
1858, one thousand dollars, to go in discharge ot
tbe purchase money due, and the trustee ot the
bankrupt gave a note and also executed a mort
gage on the house ami lotto secure the pay
meut ot the note. The transaction was a loan
of money from Baldwin & Co. to the bankrupt,
and nothing more. Aod tbe mortgage of the
property to Baldwin A Co. was, under the laws
of Georgia, a mere security for the debt—(be
title remaining in the mortgagor till foreclosure
and sale.
Tbe bankrupt is entitled to the exemption
which she claims. Let the property be sold by
the assignee, under the provisions of the law
and the “rules governing sales ot the estates of
bankrupts. If, however, no greater sum than
five hundred dollars can be obtained tortbe
property, it is not to be sold, hot the fact is to ire
reported to tbe court
Filed July 20, I860.
PftiwT