Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, July 28, 1869, Image 3

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Newspaper Page Textamount of said note, by the unsounflneas of tlie IoIhm c<> tor which the note w%s given, what is tin usage ol tnulc in the community where the j Kir lies raided, as il roq'ccfe settlements be tween merchants, etc., these, and all other mat n r- which HiiecUxl the t-qtijiy ol tire parties. Hit- jury had a right to inquire into, and to fiud their verdict accordingly.’’ He Him refers to tiie statute in Crawhml and M*ri«ory ? B Digest, pasard ;»t the close of the Coolineutal war, by w hich all contracts were ti-qiitred to lie reiincul to the. specie basis, and ****tiled accordingly; and adds: “l will r.j| iindcrlake to say that this legislation was not |ii-t si the time ; but that it would la- a proper standard now, it requires uo degree ol expert • nee in husim-Hs to satisfy any <>ae to the cou 11 ary. Oar Coritrentioa ban actcil more wisely midi r the eircumslaDeeti. past and present, by which they were surrounded. \V alter .Judge says, tn Gothranet at. rt .Sr ■'■•n 'M Hu ft, .'*57: "lain inclined to think ih it *•{•* value ol curreficy payable, is not the > -V criterion prescrib'd by the ordinance ol t lie I ‘on veniion The language would seem t< alh.w and require a much wider r-ofw for ilives ligation." V In the case of Slaughter et al. cs CuljKpper e at , 55 (fa /{. 27, Judge Harris delivering the opinion ol the court, holds the ordinance bti’iUioiial. He says “I cannot think 11ns •dhiiH*- she ordinance obnoxious to the objec tion It does no more, really, than change s ml*-icgnlatiog the admission ol to-diiuony io • •■iirts o| law , it removes the obstacles created !>v technical rules-, to a iitii inquiry into, and iiKi-iigatioii oi, executory contracts, made within the periods ol time mentioaerl It i: il>prehciidcd, that to have done thi-, was with in II**' competency ol the legislative |siwer at my tune. Who is pr*-|*ared to ileny t|iat the legislature may not, it its diacietjou, after anil on* u.l old rules ol evidence au<) » s|»Mi.-Ii new’ \\ ho. that it may not obliterate all di-tiuction- w loch now characterize m<»<!*-:> ol procedure ii . -in L- ol law and courts ot equity and command iljlrey. so enact, that ihe broad and libera I iplce, upon which justice is administered oi lire equity stole ot the Mtl|»erior < 'ourt, shall ap pH to and control the verdicts <>f piries on it: law aider* 'I he validity ot the ordinance was again mis tamed in Re-tits . it'.#//.<;■, 55 G*x. 1{ , 11 js Alter laying down the rule that the Judge wh tries each case should give the whole ordinaitct in charce to the jury, t'lm-l Justice Lumpkii • i- "We certainly think that the Oonven lion luteiided to give to the jury mare than Hr n.//1/ th -it. toot delegated lo jurors ; wbicl In *ti let Is- re -1 «-e t c.| by the courts, unless tt:t ciaiuly abused to tin manifest wrong and in! inly ol lue parties.’’ I l.is cum Xifaiii alliruinl the constitntionalitv of the ordinance iii Taylor vs Khnt.'.’A On /* I T, ami suslaiucd and evented it iu tire follow nn* case Khlrr rs (Metier, .iti (Jit. tl, lit • i/ rs H alter, :M* (la. It., 527 , Oliver et. i \4mutn et al, da. lie 553. In tins case. Judge Warner laid down the mb that the court should allow the juries i/i/iv!•</!"« uuder the ordinanance. No one can draw a solid distinction iu priuci pie letwccti the < trdinaui’c ol 1W5 and th ■ istub* of P-UiS. II oue is eousliliilioual Hi •-t her i- also. Itoth change the old rule ol evi I. in • , ami li t in evidence beietolore con -iifereyl by tire courts irrelevant and improper. The ot |e« t is the same in both cases,lo reduce the debt sued for" in accordance with Hie real equities • vi-luig iH'tweeu llic parties, and not to allow t recovery according to. the lace of Hie contrac miles* Uieetpiities ot tin* case jo- »ty il. And I apprehend neithei ol tin* (our learned Judges lis.ve named, in sustaining Hie constitulioualil i • •I the ordinance, tell lor a moment that he w«s ,a, ‘•aiming himself in !ns own infamy upon the i. cords ol ibis court as a debauched in.filial ..Ulcer." 1 am aware that ait allciupt was made m llns court, at the hearing to draw a distinction, growing out <*t the power given hv the statute to the jury, to rnhiee ti e d.-bt, lint a moment's examination w ill show tlial none in lari evisls. The statute enacts licit ' iii all such ca .es, the jtn ies which try the sail e shall have isovcr lo mini e Hie am.mill ol llie debt or deb's sued for, according to the cqaili ol each case, and render such verdict* them shall ap|«*ar just and equitable " Now, w hat is the meaning ol Utisr Thai tl|e jury shall hear all the evidence uecessary place them in pnescssaon ol all She facts and cl «tiiuslances cotinecUsl with the contracts, add tlic relations and She condiUon of the parlies, and shall find llu*ir verdict according to lid- red , , existing lielweeii them, or, m oilier words, alter exauimiug Hie whole ease, in H e light ot all ihe siirroHudiug circuiuslanc. s. Hit y tie t" render siieli verdict as to them shall see n plat and equitable, subject, as in all other cast s, Co the revision aud control ol the t’oiirt, if il should think proper to set it aside and grant a new trial. Itecause the verdict is -unjust and i i- t-qiiiuttofc. This is the lull measure ol the pow- . I and discretion given to the jury by Hie sta- tuie. And this is what the juries have long had llie {>ower lo do, under siieh rules ol evidence sis existed al the time, and have done, iii a tin u sand cast's where llie defence ol fraud, accident, insetake, undue influence, duress, total or part al iMihtre ot consideration, have t»een set up. In ill such cases they find such verdict, under tpie evidence submitted h> them, as seem to tlnfm tust and equitable. The oath administered to . very special jut v in Georgia, from 17911 to 1 Sti.t, II, (uire.l this. They were sworn well and triMy to irv each cause submitted to them, and a ttjue verdict give, (not according to tin' rules ol 1 ia force when theeontract was made,-but,) ** cording to eguity and the opinion you entertain the , uhnre produced to you, to tlictiost ot your r kill and knowledge, without favor or affection to , atu-r party." Marbury and Crawford’s Digest. ;iU7. Cobh's New Digest, 551. Ami this is just wnat' the Ordinance of 1865 authorizes anit re quires, no more, no 'css. Alter prescribitnj ibo rules of evidence to govern in case of contracts marie between June, 1861, aud Jane, 1865, ihe ordinance declares that the verdict and ju Ig merit reud red shall lie on principles of equity Aw) the caption, or title,declares it to he au or diuauc* ’to authorize the courts ot this State to ■ajust the i<;uities between parties to contracts made, but uot executed." \V hat di es this me in dimply that the jury, alter hearing all llie ;vi ill m e authorised by the ordinance, shall ad u-t the equities between the parties, lo oilier wo 'da, they shall liud “ such verdict a- to them shall appear rud and equitable." Aud. this tulejap {vltes with equal force to all verdicts, whether nudtied under llie ordinance or under tins statute. I need only add, in considering this branch o! the «•*-*«', no honest man has any gmsl reasoji t« oxuplaiu. vvl cu tin- verdict rendered in Ifls rase gives him ill, to which in justice, eqhity and g»x>d cotwi n- c lie is entitled. t» But it i t>c jmv should SM/.f upon the disgre- ii..m given >>v the t.ituii. as a pretext lv.i thi-c\ erc.iae ot au adjust and arbitrary caprice, jind should lai! to adnmiisler substantial justice. Hud. to disjH-use that equity helwecU the {latjlies w hich glows out ot all the tacts and surruilutl mg circntnstaiK'es ot ea.-ti case, it wall t*e th<- duty .*1 ttie Ouirts to exercise tlieir undoilfited IHUVt i, ami set aside Such linittst verdh'ts, w belli er rendereil iu favor o! plaintills t*r ilrtctuljuls 7 In this case no complain*, ran be made at lit* tin thug ot Uk- jury, as there Was uo veljiiet file oetemlauks tibst pleas wbieli Were inteiftte.1 to lay the loimdatiou tor the introduction tt.e evideiH'e aiitlior Hvl tty thestaliile, and tlic iiowl suataituai plainliti'sdemurrer to tiie {tleasj anti nrtktml t Hem striekou trmu the rwurtL A Ota portly ot this Court, are ot tt|iinioii lhat ItnS ml tug ot the Court lelotv wits ert. tilts til-. \V j- are uuabfe to see ti.ivv the obtigatton of its- eoutracl watt ta anv tlegreeimpaired t>y llie tiling ol fliesc pleas S When a statute authorizes certain taels to tie given id evidence to the jury, wkirh, muter the old law. Were excluded, and the defendant s-' -t'Hjus- his pleas :ts to lay the pro;ter tittltida- lioo lor the inlrinfuctutu «»t the evidence aucIn>r ir.ed by tlte statute, sneb pleas are tiot bad on deuiutrvr. because n«»t aulbortr.etf by thg old rules ot pleading ft a statute gives a uev fence, or authorizes the introduction ot evi- uot previtMisly adini— ihle, ihetlefemlaiil in slMpe Uis |ilcas »s lo avail Itimscll ot iheltetic tils ol litc itrw law, and Hie old rub's of | ‘ itu* tntisl vicid I" die siHiulc. demurer. The defendant excepted, and t, w assigns for error here, that the Court er*e in sustaining the plaintiffs demurrer to his pth,— The legal merits ol the pb-ri will lie ’.ut ter understood, by reciting the tir.-t s.* ii..n ol the Act which authourizes the i-t. ts con tained in the plea, to l*e set uj» ns h legal defense to the plaint id’s action utetti Hie note. The first section ol the Act of ISUs. de clares, “That, in all suits, w hich shall be brought for Hie recovery of delds in any of the courts ot this State, or tijvtn eoritrorts for the pavmerit ot money, made prior to.Ihe first ot June, lS*’.5,(ex- ci'pt lor the sale or hire of slave), it shill la- lawful lor the parties in all -ueh cases, h* cive hi ctrideDoe betore the jury itfijnutnelul t -, the same, the cnmStleratitNi oi the debt, or is in tract, which may be tbe sal*jerl ol tin - •>, amount and value ot the property owi .-l by the delcndaut at tbe time the debt vv is. . .Mtr iet ed, or the contract enier*-! into, to -ti..vi iij«m the lailti ol what pr.qwrty credit via . i.oi t.. Iiim, and what lentj.-r, or tn,.!.i. ..J f : tie made bi the creihloi. al tnv time. •*.„1 itiat the non-payment o| ti,.- v .- ow ing to the rehe-a] .-l Hu- < r. ilit..r i.. i.. i the money tendered, »u , ‘ ! lo v the ilestinction or loss . t th the lailti ol winch tn.- i te.lil how, and in what manlier, tl lost or destroyed, and by whose all sneb cases, the /u/ir\ wh ti hare r to red nee Ihe aim-i debts suat for, according (hr e*/< and render such veidict as te th )and equitableThe plea, rer tbete to, if .-essaiity iei-s- whetber the tarts aulliot. I l-i Legislature, ran l*e pl. i l i. proved, so as to ant tiori/.e i ailtoutil ol tin plaintitT* il appear just atnl equitable, have the constitution.il ]*/n fiat effect, then. H . u. I*. , pt'.|.etrt Was given • • Jito!*crti default : n 1 the demur -i i-' rt.e questioD, I t-v this Act ot the - leg il ill fell’e, and n jury to rctuce the bt a to them shall Il the l,eei Iatiuv r to enact a law t.. •lie, tlllt It the |,r» isialurc have noi the con-tiiulion.al (eiw.-r and authority to do so, then it i aunol be doin', Htel that ia the preeeue question presented tor,Hie .!» cistoti ol llie t’otirl by a ph a and demurrer.— The plea sets lorlli the fuels which the Aci ,u thori/i-s the defendant to plead, and {trove, ns a legist defense fin order to rt lure hep i itijT The plainlifl demiira fheivto, an.1 -av-, tdnut tingallllie laeta staled in \oiu plea to be true and auHioiui/.cd by the Act, still, under Hu- supreme law ot the laed, the l.-ri'latun had no power to pass such an Act, because it imputes the ohligalion ol the {.lam Ittl’s contract, and he demands the judgment ol the court upon that issue .f i.r which is m l. by bis demurrer. The coii.-titutionahly ot the act is, fberelore, uicessunly |iresenlud tty tbe plea and demurrer lor Hie judgment ot ihe court 'There is no dodging tl t he question i: syuat. 'y presented l*y Hie {.lea and dcin.m rer. 1- Hie ad constitutional or not? It it is, then, the plea is good If the Bet is not eoa-dlliltintial. Hit'll the |*lca is bad, and constitc.le- no leg il thdetise to lha plainliti's action; that is all there i- in it, and this court ought not to shirk its reqwiustbil ity l*y referring, it to a jury, to see whether Utej Would make any iuipro|aT u->- ol llie cvidi-uce authorized by the act. 1 shall not undertake here to reja'at what.was said it: the case ol Ay ciK'k rial., vs Marlin <>/, :5'7 Co. Il, 127, m re gard to what Constitutes the obligation ol a cou Intel, bill w ill slate Ihe rule upon that question, as declared by Hie Supreme Court of the I'tiilcd States, in two ol the latest ilccisions made by that court, u|sin a carelul review ol all the prioi adjudications made by that Iribuuat, Tin- Su prenie Cmirt pi the United States is the recog ni/.ed interpreter aud expouuder ol the bVdi-ral Constitution, aud iLs decision ii|kiii flic question now under consideration, is hiiidiiig authority Upon this court. In the case ol Mct-raekcu . < flay ward, 2 Howard's Ifeps , 012, the court -ay “Tlte ohligalion ol a contrail consists in its binding loree on Hie party who makes it. This depends on the laws lit existence when it i* made; these arc necessarily rclcin.l to m ail contracts, and ioriuiug a part tlo'in. as the mcasuie ot the obligation to pcrlonn them i>y the one party, and the right acquired by llie other. There can i>c uo oilier standard by w Inch to ascertain the extent of cither, than that Whicli Hie- terms of the conlract indicate, ac cording to their settled legal meaning. When it becomes consummated, the law defines the duty, ami the right, conqicls one patty to per lorm the tiling contracted lor, and give--l lie other the right to etiloicc the |*crlorinaucc by tin rem edies then in force. Il any subsequent law sl ice t to tiiiiiitit-.ii tin- duty, or bi impair the right, il necessarily bears on the otilh'ation ol the con tract m favor ol one |>arly lo the injury ot the itlier; hence any law, which in its Ojn'r-itiou amounts to a denial, or ohstrucliou ol tut- lights acermng liya contract, though professing !•> act •illy on the remedy, is directly obnoxious to the prohibition ol the Cotistituuon.V Agaiu tie Milt says: "The obligation ol tbe contract be tween thp parties iu this ease, was to perforin the promises anil undertakings contained there in , the right ot the plaintit! was to damages lor the breach' ther.-ol, to bring suit and obtain a judgment, to take out and pr.isec.ute an execu tion against tne defendant till the judgment was satisfied, pnrsuaut to tlte exi-ting laws of llli nois. l’hese laws, giving the- .- right-, were as perfectly binding ou the deleudaut, and ns much a part ot the contract, as il iht-v had been set forth in its slipulati* ns in the very, words «»t the law relating to judgments and executions." In the case ot Van Hotlmnu v. The Uitv of' tj.uincv, (4 Wallace Kep , 550 ) decided m lStiO, the ••ourt, alter receiving and commenting upon the pre- vious adjudications matlc upon this qnesliou ln the Supreme t’oiirt ot the I nited Stales, says '• It is also settled, that the law’s which snhsisl al I the time and place ot the mak.ng ot a contract, | and where it is t-> t>e |iertoinie<l, enter into, aud lorm a part ot it, as if they were expressly re teried to, or incorporated in ti- terms l !c- ptiuciplc emt>rae.-s alike tho-e vvlm 1. att- .-tit- validity, construction, discharge, and enforce ment.” On-page 554 the court, speaking ot tin- distinction between the obligation ot the-cou tract aud the remedy,says ** i'tie doctrine upon ,that subject, by the latest adjudications ot thi- court, render the distinction one rather ot form than substance. A right without a remedy is a- il it were not. For every beneficial purpose, it may Ik* said not to exist. A different result would leave nothing ot-the contract but an ab struct rig lit ot uo practical value, and lvndei the prolectiou ot IbeCoustilution a shadow and a delusion. Nothing can he more material to the obligation of a et attract, tbau the means ot enforcement. Without the reme.lv, the contract may. indeed, in the sense of the law, be said not t.vt-xist, autl its obligation tii fall within th>- .4 *-s of those social duties which depeud. lor liieir tultilmeut, wholly upon Hie will ot the uidivid ual. The ideas ot validity ami reiue.lv are , - *epa rati*, and Isn't are parts ol the ( which is guaranteed bv th* (.’oustilution against II Slot It >SC, lull te euce t*y \\ KhtHil making auy gV to greatt*r purity tliH.il ollufs |>osm— , lh< |.*nty ol tin- i ourt, c.uiM'ions ol Hie rt ot their u*ti motives, feel it due to thcmeij-lvcs, in closing mis opinion, lo remark, that j u*cj wilt noidtxciui 111Hit ilicii proper posiuJiu;tu tt.e bein h. b- engage in controversy with Hu tiricruUiig J.tblgw ; urn xatii they inquire into the . . which have pnaafifed the unj.i'l and Hi odious assault made UjMHI Iklll, LvU.ol.il tl.,ly and ULl-re. tvltnbd as the attack lixs|tac. tbe proprietor* •»* the t*eca»ioo, and Hie dignity ot tbe t ourt, alike lor bid a reply. Am-r a careful examiuatiouot the authorities, we are -atisti- i that the judgement of the t'oori i- cmnKMus. aiwl ought to m reTenjcd.— And tt is so ordered jtrt'sy, J., «.>.ttcorrnig, tau.4m.vil l.is (views l.y Uk- bead n<*U w to- li spp .r uouter tos t.axue, toil he wrote tio op.uion tn II**- * a.is. . VV a*n«k J , ' » nllit. . i'bta was at* a* tn*n t*r<*nglit t*y tt.e p against Uk- .1* I* ttdat.ls, on a protut-ory tor the s-uit* $5,2Utl tiu, d-it..i 22d Ja lbt*i,au«l An*- l**rt> use days alUsr *l*Ue. defendant, r-i* wart, hte,t a j.!*-a !•> the plaintitl’i aciiM ..gaiurt h ;u. ia vv hi. ti t>c allegisl gertain I laala b> » ti ot defense thereto, as piovljed by I tin- |*i.• *.-*■ -ti- <-'! IlM first t.oi> *.| Ihe jVct *»t ; jp’.is t,,i ' il*. relal **1 ■ bt. 't , aud lo autjh.irire tut ritift*-**-" 1 “* debt* upou the princibfea ot j equity. The piatuuil demurred to the dietend Again, the court, say in that ca>. tests that a coutiacl t.as Ixs-n /»«.;•■ its rsdtie has, by legislation, been Ji is nut. by the Constilution, lo t«- to, This is uot a question ol degree,, .tl eiterochintj, iu any r^jerf, on its cAVV,-..r/.-n, di-peilsing >v It ti any put < J its {.ore in l.nrn -* Ul.ldle, J.S Wheaton's !!., t.j the Suj.leulc Court ol lit*: United .States^ luus states the rule *n regard to laws unparing ttie otdigation ot eontr.**!- "The objection to I a tv on the ground of tt- itupailing the obligation ol a con tract. *:au never depeuil the extent ol th* change which the law ett.s-ts lit it. Any devia tion irom its terms, bv postponing, or acaadcrat .ug H.*- perild ol {lertoimama: which il'pre sciits'-, tnqxksing c.ondniitions not expressctl ia the conlract, or dispensing with the |M*rtorm .****-,* ot those wlin-ti are, hovvev.', miiiule, *»r apfiarentlv immaterial inllitii etlect U|n*n tl.t- conlract ol tin- parlies, impairs its obligation t he soundness ot this principle, ol the law, a- appltcarde to contracts, has beeu twice tiislin.lly risargn:*>-*i by this court- S*a- / ,/us' , f th, Inf, nor t'ourt of Morgan coaniy rs .Spari. et . : . 0 Ca. il, 4:^1 . Winter in Jones. 10 ( fi The modern d.K'irine as-erted l.y the majority of this court, **ttiat llie le-gislature lia. the riglil to change, in*airly, or Vary the nature aud ex tent ol the remeely, provided a substantive remexly i- fell to itn- cre.ntor,” linds no counteu:iu*v or MtipiHirt, iu tlte tliscisHius ot the Suprettie Court 01 Hit* I’ltilcU Slates, whenever s»t*Tr change, lead- J m.alitieHtiou. or variance impairs the ohli atiou I ol lire ciMilr.-tct, or himi< rs, ,.r (I'.sttnc - iu c>t 1 the United ■ lull [I'iSS dntj . w imOfttriHy'tkt obligation - \\ <■ tiave shi»vvu, by the de* :-totis ot the Sitprctce Court ol ihe l>uile*l Stat.s-, l-vhich are t.inding auVltoniy np'ti flits court, in tisjai.l *0 ihe ques- tiott involved,) what is the welt established r.tie lit reg:»rtl l*» tnipiiriug the t»l*Iig * ».u *>f c.».t 1 traets. as wcil *.- w f.at eoiistitut* - . gainm ! -.I 1 '.vtitixrL Now, let us cxatuit.c ,ut*l -<-■ Win it« .' U*C A*a ol liHkj, ... - to Hit <(.'*- nt|tidi*’ations ot that court, impairs -Ha- j obligation of the {darnliS'scontract in this case When the cont:a*l was made, iu 1SG1, the law, as it then ex'-sled, did not allow the defendant lo prove, ujHMi the trial ot a-uil tor the eurorcc- menl of his contract, by way >>t thfenre, licit ne had tendered, or otiered to tender, bin; C*»«il* d- erate money, in payment of his debt, did not allow him to prove, upou tbe ire.*!. U»*' deslm*- t **.: or i**ss 01. uis prujerty by eiii-*ueip.ai.-a, or other i';.us', or to {.ruve,up>a tiie taitli of what property the credit was grvvtr t-» imu, or K» prove Ihe anrimul aud Value ot the properly owu«-d by hrru at U*e lime the debt was cm traettsi, *»r that he ha t k*st his projicrly by the drfau'.t ot any per-oo, and csjnaially did not the 'i.sliny Li-c al ihe time the contract was made, allow the d< tendaut, u[xm proof of these laits, or acy ol ibruj, to have the plainliti's dent reduced in atuouut, to such a sum as Ihe jury, who might try the ease, should pretention* ( (orreiiHiit. The la>usfilulioii , 9ia j States deelares, tir.it ‘No Slat lift tub *i hi-tl uarv The iint’a p'.ca. ML the Court below sustained the | iLiuk to be just and equitable, but. by the act of lNfes, the delendaut can prove any or all of these tacts, -is a legal defense, and thereupon, the act declares li.;*: the jury which try the case, shall have jsower to n du=-e Hie amount of his debt, m cording t>> the «quiiy of bisj ease, as made by tin* aloresukl evidence; and render such verdi* . as to theta, shall a|qH;iir j.hit and equita ble, uu.lci the aforesaid evidence. In oUier words, the act make* certain tacts a legal de fense to the plaintiff's suit, w hich were not a le- e tl dclense wtieu tbe Contract was made,author izes the d.-ten i tul to prove them on the trial, and thereby reduce the amouut ot his debt, as '.he i'lry. upou consideration of ttueA facts, shall deem to 1»-1 quit-able aud just. In short, by this . pillaring pi.>!•(•—, to makes new and Jitter • .1 . ».ti i.-i |..r him, troin the one made by ihe < •:.!I:.el 1 i:g part!.--, under the existing law, at Hie tin*** the * oiiiract-was mi.k-,.creating a new mi col-rei.t nl.lg'sti'iD ca tin* part ot the de fer .1 mi to |wrt>*r 111 it, to tl..- prejudice ot the plain- - 1 ,t , 1- the -ante c.vsUd under the law at a. .fmai.ii) ihecoutract. f>oe thing is very , . .-Ham. tli .l the rights ot the parties, under the • et: act anil fi.c obligation to perloicn it, are t.. one . . under the provisions ot the I'-.;- a-, tlu-y were under the law which | .-x ~ic.i, applicable to the conlract «f the time it it. v-e . a-.- ot \*:iu - Hoftaiau vs. The City ot Qdiwy, bekire cited, tbe Suj.retne Court says, ia tt •'. ti - ot th- tests that a cantract has been in* . iiieil, .s, that it- value has, by legislation, be i: , A jq.ly that U-st to the plain- lit: c..iitract m ttos case. Would any rational .nan r ive a- much lor this contract, and the de- !•-** l *nt 3 obligation to pettorm it. now, since th® ri 1 - age * ‘I the act ..I 1808, authorizing the de- leti.iaut to prove in his defence the facts speci- li.-'l theieiu, with j*’tier given to Ihe jury to re do,, the auiouut of the debt, on proof of such 1 to- would have given tor it under the i l l. as it existed al the time the contract was made? It not, why not? The. answer is ob- • log; 1*. .uy rational mind. It is because the act of Ini’,8 rendeis that contract, and the obli- gition to peitorm it, h ss nthtoble ou account ol the defense's allowed by that act, and the power . iv.-u to the jury by it to reejure the. ’debt as to mav -eem ju-t and equitable. The law that existed and contiol'ed the rights ol the parli.-s at ti.e contract was made, has been d.aug.'l whereby the plaintiffs rights have he, 11 ’ it ted, and llie. defendant’s obligation to |.ei".iin that oultaet iuqv..st‘.l Oil him by the existing law at the time the coutract was ma le, has been impaired by thal act to the plain- • ill’s prrjudiee. Hut it is said this act only changes the remedy, only changes the rules of evidence, and that it is . ..in|. -lent lor Ihe legislature todothat without impairing the obligation of Ihe contract. It is true, the Legislature lia.e the constitutional power to alter aud clian-e the remedy, to alter ainl change the rules >1 evidence: provided all troys, that m doing so, the obligation of the con- traei is not nn paired, wiLtiiu the true intent and meaning >>l the Cloiislilution. It is not true, however, that the Legislature have the power, either under the pretext to alter aud change the ,01 under-the pretext to alter and change 1 visit ■ re, lo impair the .obligation ol contracts. It makes no nanie or pretext the in- jury. is done, the question to l>e answered iu this case is, whether Hie act'd 1808 impairs the obli gation ol the plai.ilirt’s contract as the same ex- isic 1 nu.lcr tire law at the time the contract was ■ node t According to llie nrinciples recognized and adjudicated l.y the Supreme JCottrtTof the United r-tates In tin- case lieforecited,this act ol the Legislature most clearly aud unquestionably itnpa:, s the ohligalion ol the phiinlitt’s contract, and 1- theielore unconsMtulioual and void. It has ta-cu‘sai.l in tins case, however, that it th.- jury should miner the piainlitt’s debt, other than t’i, ■. tpt it it s between the parties permit, il will be tin- duty oi the Court to set the verdict a-ide What equities’’ Such equities, 1 sup pose,"as spring .out ol tire facts authorize 1 lo lie proved l.y tin* defendant ill his defence to the note, under tin- act ol ISOS, winch did not constitute my defense thereto at the time the con tract wav made. Hut it the act is constitution,d, it..-11 the evidence authorized tn lie .submitted to lire jury uinlci it, is legal evidence, ami tbe jury have the 1 it* lit to consider it, and act upon it, aud are expresslyrcloHied with power, by the act, to red m, the amount of the plaint ill’s debt as to them shall appear just and equitable. It tbe jury -hall do whirl the Act expressly empowers them to do, it is extremely difficult to pereeivowhat legal right lire Court would have to set aside their verdict l infer the Act, the jury have lire p ivvt r, under the evidence authorized by il, to tender such verdict as to them shall appear pt-l and equitable, lithe Act is constitutional, and the evidence betore the jury is legal evi dence. and Ihe jury return a veidict upou it reducing the, amount ol the plaintiffs debt, vv bat hgal right or power has tne Court, under this Act, to set their verdict aside? The ver dict would riot be contrary tc law, if tbe Act is con-Ulution;ii, nor coulrary.to Ibeevideuce; tbe ci to reduce the d.-bt is expressly conter- nnon the jury by the Act, and therefore Hie .’"Hit would have legal light lo interfere with their verdict. Hut lake the other view <>t the question, and hold that tire . .lifts have, the legal right to set aside the verdict, i! the jury shall impair the obliga tion ot tlte plaiutitf’s contract by reducing his debt, then it is quite apparent that the act of 151*8, for the rclit'l of debtors, practically amooDta l<> nothing, it i- mete brutnnifulttien. The plain truth, however, is, that the Legislature intended to p'ovule for the relief ol debtors in the man ic ; indicated 1., the act, aud did not intend that tin courts should set aside the verdicts of Hie piries, it they retlured the plaiutitt’s debt, and lin retiv render the act a practical nullity. Il was c-uitendeil ,on the argument, thal tbe tel ol 1 sf.S stoo l n{M>n the same tooting as the ordinauceof the Convention of 1865, and that this court had held thal ordinance to be consti tutional. That ordinance simply provided, that in an\ suit !or tbe eDloiceineut of any contract -pi-eiiiod therein, the parties might show the j. mi. ular curren -y iu which payment wag to be made, and the ralut of such currency, etc. The object of that ordinance was, not to impair the obligation ot contracts, but to enforce them ac cording to the actual value thereof in good icy. If the contract was payable in Conted- erafe dollars, it allowed evidence to be given as to tl.e value of Confederate dollars in good money, and was the value ot the consideration ..I the contract iu coo.f mouey, so as to enforce tl.e obligation of tlte contract upou the princi ples of equity, as regulated by law. See Oliver A Wooten vs Coleman et a! ,20th <»a Hep., 555 the rights ot the people iu this State lo their property aid atfects are regulated aud protected by lair, and are uot dependent upou the abstract notions ot equity which a court or jury may entertain ot ihcm. It is the 1 rw ol the land .v bi.-ii regulates aud controls the rights of pro perty iu thi-state. There is notquity which 1- aU>ve or independent ot the law. l’he Code declares that *• equity is ancillary, not antago nistic t<> the law , hence, equity follows the law, where the rule .of law is applicable, and tiie analogy of the law, where no rule directly applicable ” t'od.*, section 3028. I am aware that sporadic decisions, by the Nta'e Courts, can tie cited in ta- \ 1.1 ot impairing tt.e obligation ot contracts, though protesting not to do so, under the pre- t.-xt <>: r< giitaling the remedy 1 and the adaxiasi- t.ilily ot evi*!* nee, but tt.cse decisions have gen- , rally l*ct-u made under tbe pressure ol public opinion, in times of pecuniary embarrassmeut, wben the rebel spasm was upon tbe people; -om.-Uui.s made l.y Judges who were expressly .{•pointed lor lb.- purpose ol making such de c-ion., during ttial period ot time ; but such de- . i-ious. • in i.lc. are t milled to very little coo- si.b i -.Liou in the. tace ot the plaiu provisions ol It.e I'ous'UuUoii, and the plaiu interpretation thereof by the re|u*ated decisions ol tbe Su preme ('ourt >t the United Stales, which have already tieen cited, and which are binding au H.ority tq- 11 Ibis question. Tbe great weight ..I judicial Htitl*orily in the several Stales is, however, in favor of maintaining tl.e integrity' ol the ('oii-tbutioo, aud proieelrug tt.e iuviola l»ility ot tbe obligation of cxolracis. That there -b- iM have la-eu any conflict of decisions in the State Courts ti{>on tliis question, only proves, that when there is a will to impair the obliga tion of contracts, subtle, crafty, tiuacrnpulous mm 1 tu always fiud a way to do it. Krdtbuiy, under the form and colot ol law, is the meanest ! „ 1; ,,| rol.Ufy. The highwayuiau who |»re ■ p!- hi- |>i-bi| to Ihe head ol the jravt er, and : *■ .nitiiaiics him to stand and :le!iver, incurs some i jN r-oual t i-k, but those who rob under the form and *'..!• r ot law, accomplish the same object as I Hie liiclrtvavin in, without the kasl personal j ihuiger lo H.cinselvcs The common aud usual t. r for violating the (VmslKuiion, is tmler lie tortn ol retneifial k-gislatiou, |ir by aileriug Ihe rule evidence. These piefexts and ex ■ : , '' 1 mgb oil* 11 -pccl.Kta and plausible, will U< t : cat llu t*~*t ol legal criticism. Hut the £>U- . p*elite Court say, iu the case of S ou iiottutau vs. fbc City ol Quincy, belore cited, that the die urn-ri m between the contract and remedy, by ' tin- lau-.-t adjudM-AtiuBS of that r-vurt, is ouc : athr r of ** lorm ttiaai suhstance." This is snnnd : docuiite. What is a man’s right to his coutract w-utb, at the time ol uurkiug it, without the , remedy-aSoraedl by the Urea existing law t»* 1 ;it. : ’ it? If the act-of UKS is constitutional, it iiiu-lr:d*-s v.-ry clearly what the plaiutid s right ' !■ his contract iu this isse is worth note l ire Constitution ot the United Stales is the nnt<iitrail<I aud ptranuntui Law lor the govern ment ol Hie Ooura and people of this State. It has been justly remarked, by an eminent civil ian, that “ to attack the Constitution ot tiie State, and to violate its laws, is a capital r. : ■> s-icty, and U those guilty Of it invested with authority, they add to thi* crunc a .k • Ion* abuse of thu podcC with which :',ey are in trotted. Vattel, 9j section 30, in {... view oi tixe obligation imposed upon me to support and maintain the integrity of the Con stitution of tbe United States, which dedans that Too State shall pass any law impairing the obligation of oontracts,” and not entertaining the least doubt that the Act of 1868, both upon principle and tbe authority of the decisions ol the Supreme Court of tbe United Stales, Is a palpable violation oi that Constitution, I am unwilling to embalm myself iu my own infamy, ti|>o» the records of this Court, as a deb>iaehed judicial officer, in holding that Act to t*- conslitulioiial; therefore l di->ent Iroui the judgment of tbe Court in this case. “So Place Like tauruc.’- The New York Kept-ess., ot Use 20ih instant, says lhat the “American emigrants who'felt their homes South, just after the rebellion, to set tle ia South America, are now earning hack, sat isfied that after all there are worse places to live iu than the Uni'~d States—eveD udder-the. do minion ot the carpet baggers. The poor fellows whom the Ouerriere at this port, has brought back, have a terrible tale to tell, of their pri va tions in a country, which they had been led to believe, was a veritable paradr-e." Yes, “ there is no place like home "—a South ern, a Georgia home. Many of our people- at tbe close of the war, despairing at the future ol Georgia, deserted her in her trials, and those by whom they should have stood, sharing whatever might have been tbeir fate, and sought fortune abroad. Sadly have they all been deceived, and they now come back to the old State, there be- iDg with them, as they have sadly realized, ** no place like home.” We wduld uot give Georgia up tor any other residence in the wide bounds ot the United Slates; especially wouid we not abaodon her for South America, or Brazil, even though what was said ot their fertility and the certainty of realizing fortune there, were true to the very le'ter. No, with us, ** there is no place like borne 1* Chinese Labor In Georgia. It is stated in a North Georgia paper that a large force of Chinese laborers has been em ployed by the contractors to limit the Selma, Home & D dton Railroad. For s.*me time past a large number ol coDvufta trorn the State Peni tentiary have been employed on tlial railway ; but the recent lease f>t tbe Pemieutiary and its inmates to Grant, Alexander & Co., has caused them all to be turned over to these geutiemen, by whom they are now employed no the Macon A. Western Road. Deprived ol the labor ot this lorce, the contractors ou the Sehna, Rome & Dalton Road have determined to supply.its place with Chinese, and have, accordingly, made ar rangements out West by which many ot the Chinese who were employed ou the Centra! Pa cific Railroad until its completion, will soon he at work on the tor me railroad. « *• A Delenoe or FeoiaiS Education.’’ This is the title of au address which was de-' livered in Columbus as tar back as the year 1839, by our present fellow : citizeu, Mr John S. Lewis, which at the time, and for some time after its delivery crealerf quite au excitement throughout our State, and was received here aud elsewheie iu other States, with popular ap plause. It has been reproduced iu pamphlet lorm, and is now offered lor sale in this city. Of it, the celebrated Edgar A. Poe wrote lhat Mr. Lewis handled his subject “with great ability and placed that which was Sell-evjdeut belore, in a perlectlv briiliant light. We commend it to our readers. Get.a copy ot it by all means, and when you read it you will thank us lor calling your attention to it. It is rare, rich and racy— a beatilul specimen of chaste composition A Novel JDuel. Two Frenchmen employed in the silk mills at Paterson, N J., fought a duel near the depot in that city at about halt-past uiue o’clock ou Sat- u:day evening, aliout some trivial matter that occurred in the mills. Their seconds tailed to appear on time, and the two went to work without them. The weapons were pistols am! the distance ten paces. At the first fire ->ue was slightly wounded iu the lip. Another lire was demanded, and both were severely wounded iu the right arm. They then declared them selves satisfied, shook hands and 9wore to say nothiog about the duel. They had to tell the surgeon, ho.vever, aud the affair thus leaked out. Tbe New Katlroad Project from Atlanta to Teunlile. The Savannah Republicais, of the iiSH m-lunt, contains the following notice of this new rail road project: We alluded briefly yesterday to the project of a railroad from Tannille, iu Washington coun ty, through Milledgeville aud Eatonton directly to Atlanta. The project, according to our.hest information, originated iu the latter place, and is proposed as an extension of the- Air Line road from Cincinnati to Cbattanoo, and thence by the nearest route to the Atlantic coast It is said that the new road will eflect a s&ving ot irom thirty-five to forty miles, and, consequently, a corresponding reduction in time and charges.— We have not couferrrd with llie authorities of the Central Railroad abont the matter, but learn from pretty good sources that they have been ap proached on ibe subject by parties in Atlanta, aud that they are inclined to think favorably ot the enterprise. What is asked of them is the construction of a line from Tennilfe (No. 13 ) to Milledgeville—some twenty-fire miles. The Milledgeville and Eatonton branch is already in operaticn, and other parties agree to undertake and complete th t portion of the road that will lie between Eatonton and Atlanta. Should this plan be finally agreed upon, the Central road will probably break up the line Irom Gor don to Milledgeville, and use the iroo and other available appurtenances on the road between Tennille and Milledgeville, by. which means the latter can be .constructed with trifling cost to the company^ The completion ot ihe Macon and Augusta road will render the breach from Gordon comparatively useless ” ‘‘We shall probably bear more of this matter, and be able to speak advisedly in tbe coarse ol a few days.” * ’ ■ The Honor of Georgia. The “Metropolitans” ot Savannah celebrated Hietr tourlh anniversary on the night of the 2lst instant. From tbe Republican of that city, we make the following extract Irom an account ot the proceedings al the festival given od tbe oc casion. It will reach the heart ot every Geor gian : At this stage General Joseph E Johnston en tered the room and was received with longconc Luued and vociferous cheering. The scene was beyond description. F. Rip Sweat—The heroes ot Manassas.— (Drank standing and in silence.) In response to a turions unanimity for a speech, General Johnston arose and was received with deafening cheers, repeated agaiu and agaiu. Alter silence was restored he said: Gentlemen, you mu9t allow me to say that you have made a poor selection, as 1 am uo speaker. I must tell you, however, that in accepting your very kind invitation to-day, I did ii. without reference to the ordinary pleasure of a supper. 1 accepted it because 1 expected to meet men of a class like you—men who, by tbeir taitbiui- uc.-d and courage during years ot war, upheld ihe honor ol Georgia (applause,) and who, dur ing four years, endured all tbe iatignes of can* paigus with the firmness ot Roman soldiers, and fell open lo skulkers the road ot retreat. (Tre mendous enthusiasm) The General theu gave — „ To the honor oi alt Georgians who bravely upheld the honor ot Georgia. (Loud cheers ) Fattier McMahon. The Canadian Govertunent lm decided not to release Father McMahon, tbe Fenian jtrisouer in Kingston Penitentiary. He was tried some lime in the tall of 1866 tor complicity in' the Fenian raid al Niagara Fails* and sentenced to twenty years in the Penitentiary. Several efforts were made by Secretary Seward to have bint n leased, but without avail. The present action nf the Canadian Government is taken without any ref erence ot the matter to the English xL’thoritiea. And tbe action is one that may well be stig matize-1 as cruel and oppressive Tut; Czak Pnoaimrs It.—The C’z&r, it ap pears, has issued an edict forbidding the attend ance ot the Russian bishops-jit the Ecumenical Council. The Czar thus proclaims that he is the head ot the church iu Russia, Catholic as well as Greek, and that the .Holy Father at Rome and his bishops in Russia must,*so far, obey tbe Czar. Ws hegust to 8KK that the Stale Treasurer, b's reply in this morning's issue of the Era, to the courteous and iligirifited communication ot the Comptroller General, published in these columns on yesterday, has lost his temper ami abandoned Hie argument; and, has resorted lo scurrilous personal abiiseand slanderous charges, instead of resjiect ul argument. Hut we arc proud'to say that such attacks will tai: harmless at tbe fea t ot this gentleman, tn every commit 1 nily where he is known, and that his high char a.-U r lor honor, liutli ami integrity, which heretofore Iihs been unsullied aud without statu, <vil! {iass llie otdenl <•!' the Treasuiei’s wrath unscathed, ami that the mmuvnnUy will {•eitvive -*t it glance ttiit the Treasurer, heiug foiled in his charges ami itisiuitalious beietolore published impugning till- official c.'D.luct ol M.vaoR Bail., t»> the un xmat-fe logic of .the fads and figures aad Urc temperate and digni fied reasoning of the !at er, leas lost his temper, suffered passion to assume the seeptor ot reas- n, and thus seeks to grutify his spleen t»y a ground less and unwarrantable attack upon his repfila tion. Ma.i Bell is wiihiu much less than a htindted miles of where he was born aud raised, and there are many even here, vv ho have known him for years, and we veuiure the asset tion that among all these, not one can be iound who would believe him capable ol a dishonest or dishonorable action. We specially commend to the public his reply to the Treasurer published in this issue, and ask the community to mark the difference betwe-eu it amt llie attack ot the Treasurer. The oue temperate, calm and dig nified, (not withstanding the scuruloiis attack upon his cbaractei) characteristic ol- the cuun orations ot the mind ot a cloistiau gentleman, conscious of the reel hide ot his cause; the other, the ravings ul a matt whose reasoning faculties have beeu clouded by passion, and who resorts to personal abuse In-cause his arguments aud assertions have been sncc.-sstuliv over thrown Au Appeal irom Atlanta. Tbe First.Baptist Uhurch, of Atlanta, sends a strong petition to Cincinnati tor Help to aid iu completing a house ot worship, on which they have been working |i»r over two years, and are near completion, hut having exhausted their means, must come to a stop unless assiataoee is tendered. Atlanta is a very important (joint in llie South, in commercial as well as religions point ot view, aud we are soon to be connected with it by ties that will make il to our interest to do all we can to develop its resoutees ami ’promote its pros perity. It comes indorsed by Ihe most respectable aud distinguished- men ol Geotgi.i and the South, the Governor and Chief Justice ol the State, and Ihe Geueral commanding the Third Military District, who resides iu Atlanta; the pa9fi*rs ol ail the churches there; many ot llie l*est mer. chants; Rev. Ii U. Tucker, D. D., President o, Ihe Mercer University, Georgia; Rev. GeorgeT. PeDtecost, pastor oi tlte Fits! Baptist Church, Covington, Kentucky ; Rev Reuben Jetfery, D D., pastor ol the Ninth S'reel Baptist Church ot tim-city, and many others. Mr. Sharp, who represents tbe iuten-st here, has credentials that commend him strongly fir our people. We clip Irom the Cincinnati Gazette, ol the 22d iustaul, the toregoing article, aud in trans ferring it to our columns, must express our giatifieatiou at seeing the inti-real mauilested iu the completion of Ihe heautilul edifice to which it relers as well by tub official au- thoritiES of the Stale, as by ; be commandant of this Military District, (Ienkhai. Terry, as well as otliers. We have no doubt tlial the ap peal thus made to Cincinnati will he responded to with the lilierality characteristic ot her peo pie. Tbe Great W'beal t’ro|> of tbe West. It is good uews for the South that a large— perhaps the largest ever made—wheat crop has been harvested iu the great West. The ques tion there now is, “what is to become ol llie surplus?” Tbe Cinciunali Gazette, tn discuss ing it, says “Tlte harvest is without a piece dent iu point ot abundance. There is no croak ing ou this ground. The quantity ol wheat in the country was never so large as it ts to day. Ilencp, the question: What is to lacouieo! Hie surplusV ' Upon this point there neeo he no alarm. Foreign markets will take all we have to spare. Last year, notwithstanding high priees foreigu shipments were large. This year, price beiug lower, the exports will be very much larger, fin ope is uot capable ci producing bread for its people. When crops are good, there is still a deficiency. This year the crops are uot good, aud hence the deficiency will be greater than usual, aud this must be supplied by the United States. Besides, low prices will induce a heavier consumption abroad, and prices are now ruling compasatively low. when we take into consideration the premium od gold. We may calculate, therefore, upon an extraor dinary foreign tfeui-md for breadstufis, as we have three bushels to the one iLat was produced on an average, in the proceed iog years, the surplus will bring more than has beeu realized since 1864.” We are glad that there w ill be a foreign de mand for the surplus Without .t, the Wes'ero farmers would be bankrupted in their success. There would be aD abundance to feed upon, it is true, bat do moneyed returns to- their wheat, for the South needs but little ii any of it. Our Western trieuds, we fear, even with the foreign demand tor their surplus, wilt sudor lor green backs A Well .tdininlaicrfd Rebuke. The New York Weld relates the lollowiug occurrence w hich took place iu the Supreme Court Room at Washington, iu which it appears that Attorney General Hoar, for rudeness to Justice Nelson, was properly and severely re buked by Chief Justice Chase: •'In the progress ol asp<-ech by him the venera ble Justice Nelson inquired * Wlmt is the page of authority you are quoting, Mr. Aifi-rney Gen etralV’ To which the man whom ex General Graut gaye a Cabinet place in exchange lor a li brary, replied : ‘Maj’ it please lire court, I de cline lo He interrupted in my argument ’ Where upon the Chief Justice, assuuiiug upon his younger shoulders the aflrout directed at bis as sociate aud incidentally reflecting upou the whole bench,brought ibe Massachusetts Attorney to his knees at once by saying : ’Mr. Attorney General, you wili cease in your argument for the present. This court, as you will learn wheu you have become used to its amenities, re serves the right to question at any time any oi its counsellors on aoy point wfisfever. 5’our re joinder to the question ol uiy associate is inad- missatife; and when you have appologized to the court tor language which we must auy was never heard here before, you may pr.x-eed, but not unlit that is iloue ’ Whereupon the legal bully collapsed and meekly ls-gre.I pardon, which it pieased thecouit to allow. L.<x>kiug at Mr. Gradt’s special pleader’s demeanor in the Verger argument on Tuesday it is plain that the Chief Justice must give him another humilia tion to bring him to his proptr plane.” Attorney General Hoar, we trust, will profit by lie rebuke which he lias received, and con ducthimsell iu future when la-lore Ihe Court which he insulted, like a gentleman. For C'hief Justice Chase, we say, well done! UnlleJ States District Court. The Ck rk ol this Court at Savannah has given notice lhat the Augojt term of the | i.siricl Court tor the Southern District ol Georgia, is post polled to liir second Monday lit I Mi.lizt. The United So*ies Un'rirlAimrl tor the Northern District oi Georgia, begins exily iu September, and will probably confine until tbe middle of October. The United States Circuit ('ourt for Ibe South em District of Georgia, will re-open on the 3d Monday in October next. Prominent Radicals at Washington ^declare that there is no possible hope tor the success oi that party in Tennessee at tbe approaching ejec tion. ConstrTaiifts^Cia.m the Slate by 40,000 or 50,000 majority. rot! THE ISTELXIOEjrcxa. Reply et the Comptroller General to the State Treasurer. Atlanta, (Ia., July 24'.h, 1869. The reply of Treasurer Angfe-r to my com munication in the t steu.kikncek of the 23d iost, requires some notice al tn.C bauds. Iliad taken no part in the previous controversy lie tween himselt aud the - Governor, desiring to maintain amicable official relations vviili b- >t 11 of them, lu reply to au official communication ad dressed to me by the Governor, l 'staled facts, wheu the Treasurer replied to me 1 staled lads agaiu. The Treasurer now, without disproving or denyiug. those slateineuts, in a heat i.f pasr siou, breaks oft into a personal attack upon me, in chaigmg a conspiracy between Hie Governor aud myself in making inroads upon Ihe Treasn ry. This accusation would bealarmiug it uiv character was at the mercy ot llie Treasure but t eon-Mfe.mysi-lf with the reflection that uo mau who Las any knowledge ol inv personal character, or my official conduct, will give the least credit to it. The Treasurer, having been -forced to abaurl >u tiie position tust taken by him in regard to the approval ot certain war rants, he abruptly breaks od from these, to otheis which were not under consideration. To follow him up Ir- m one position to another would require more time aud attention than I can spare, were 1 disposed to do so. Iu refer ence to his charge that l have countersigned warrants iu favor ol C urks iu the Executive Department, not authorized by law, I admit that 1 have approved warrants in favor of addi tional Clerks whom the Governor thought pro per to employ on account ot ihe extraordinary pressure ot business in that department, which were drawu by authority of .the 72d section oi the Code, and il. is also turn that the Treasurer has paid out money to salisly a claim for su vices rendered ii the saute department, and by au thuritv ot the same section. iSo, 11 it were a crime iu me to cotiulersigu Ihe warrants in such ea3fcs, il was equally a crime tti him to pay-even one such warrant. As proof of tiie alleged conspiracy between the Governor am! uiyscll, he refers lo the fact that the couliugt lit fond is nearly exhausted, when he knows that 'the law gives me no con trol whatever ovei this luad, the Governor alone haviug the authority lo apply it. The Comp troller has no right to supervise the Governor iu its application, as the Treasurer well knows. A barge of conspiracy theu, loumle I ou llie fact that 1 have not saved a tami over which I hail uo control wliuii ver, is too ridiculous to require further refutation. Willi equal propriety might I charge the Treasurer with participation iu the 3Hin« couspiracy, because he ha* paid the war rants ou that bind which'he charges me witli wrongfully approving. Ilia foolish chatgeagainst me, however, shall not drive me lo the lolly aud absurdity ol prelerring such a charge agaiusl him. llis reflection upon my 11 weakness" is chiefly noticeable, as tin exhibition ol his taste and feeling, in my "weakness” i am aide lo vindicate my conduct iu office against all his aspersions, amt l am not aware that the occasion requires a gieater amount ol streugth A faithful aud quiet {lerforiuauce - of the duties of my office, lias i*ee:r my coustaul aim, aud if it toe “weak” to have accomplished litis without querulous and undignified controversies with other departments ol Hie Hlale Government, the charge ot “weakness" gives me no utonoy- •nire. 1 have taken no no!ire ol the TrcriWurer’s assault.-* upon the Governor, because it is no part of my business to_ defend the Executive of the State. 1 have only undertaken to defend my owa office again f llie unfounded accusa tions o! the Treasure!* and ibis I believe L have done to the satisfaction ol all who understand the sutiject and are disposed to do justice. If the Treasurer cm succeed in iinpairiug my reputation with tiie prejudiced and uulair.he is welcome to all such implies. Respect hilly, Madison Hull, Comptroller General. A Good Her - It is said that Grant and Col- tax, though seemingly courteous, dislike each ol iu- . There is au irreconcilable cause ol differ ence between them.* Colfax thinks that Grant obslinatc-ly takes medicine whenever his ma chinery is out ol order Official -A.dverti-5£ merits OFFICIAL. Executive Department State or i.eohuia, ( Atlanta, ha., .tiri> su. iwi’.i. t Whereas, a vacancy has ormirial ami now * o 1 ■ m the office of Ordinary ot Cobh county, <alis-'d by Ih • death of Ellison A. Dobbs, llio {>cis >n ha villi' !>.■• n cl>- 1 c*l thereto. Now, Then-lore, I. linfus I! Bullock, Uovcmorar.il Commander in-ChiiT of the Army anil Navv of tin Slate, and ot the Militia thereof, l«y virtue id llie I'ov.v, and authority In me verted by the (SpnaUtntioa wd I • ■ - f this Slate, do hereby ap|H>int Charle# f*. Sin-paid ol the county of Cobb, Ordinary thereof lo fill the vacaiicy a form iid ; and order that he, tbe said Char fee P sbepar-*, upon his executing '.ud filing in Ibis Department his official Ixiinl as fleck of Ordinary iu the sou, id Oi o Thousand Dollars, with i-uch at.rdice thereto as Ihe !'•«’ reipiires, and :ir rtetii he sfa. 1 ? lo me, ha romru.t- rioned, Uiven uuilei nu hau l ami tfeS< ii • i lire Executive De partment at the i'apdolfn Atlanta the day and yr r firit above written. »lEdS& BULLOCK, Governor. By the Governor. R. Pai-L LKeTEft, Se> rciarr Executive Department. jaly.?-d3twlt. 1 OFFICIAL I EXKlTTH-- OKPAilTMT-.T. I Atlanta, Ga.. uui> 23, Irt.o. | Whereas, a vacancy haa occurred and now exifts in tbe office of Ordinary of Glynn county, cauae-d by rtio resignation of John i: yj per, the person haviuv bi.!; elected thereto: Now, Therefore, 1, Rnfut B Bullock, Governor and Commander in L’hiefof the Army and Navy of this State, and of rhe Militia thereof, by virtue of the power and authority in me vested by the Constitution aud laws ot this State, do hereby appoint George M.-K, Mitchell, of the county of Glynn, Ordinary thereof, to rill ttie vacancy aforesaid, and Order, that he, Ihe aani George McK Mitchell, upon his executing and filing in th':-* Depart ment hie official bond as Clerk of ordinary, iu th.- e .in ot One Thousand Dollars, with stub aitreliee thereto u- the law requires, and as shall he eatiaf.a. tory io me, t.e commissioned accordingly. Given under my hand-and the Seal ol the Iri.ecuttve ft, partmeut, at llie Capitol, in A*laula the day aud v.-ur first above written. RUFUS U. BULLOCK, Governor By the Governor Kpoknk Dav jnly21-d3lvH. Sensible II True. The Lynchfetrg (Va.) Aews says: ** We learn from au authoritative source that Gov. Walker ha« invited a number ot Hie most piontinrut Virginians, including G. n. U E Lee, to meet him in consultation upon affairs oi interest to the Slate, at the Mr nig.finery WLite Sulphur Springs. The meeting wilt take place al an early day after Gor. Walker’s return from New York, which wifi be definitely fixed upon here- ^ uncbani 5 ed; after,” A New- Currency.—The Treasurer leas issu ed $50,000 worth ot uew ten-cent, aud $1,800 worth of tbe new fifteen cent fractional eurmi cy. The uew twenty five and fifty cent uotee will not he ready ti> be issued before llie first ol August. Wlonetaryand[Commercial Atlanta, ©a., .till* Mi V. M F1NANCI Afe- Br'.kers were bnyine and reii.iic lo-d&> at tne lolkiwmp quotations: Gold, buying i.’ylit Gold, sellinv 1 *Kcl Silver, buying lSXct Stiver, selline ; ■ YMQ, GRAIN—Wheat 11 40 to il 50. Corn i\ 35 Oats $1. Rye $1 50 to $1 00. MEAL—1 40. FLOUR—Eanc.v brands, bans, |4 75 to $5 45; standard family |S50 to JO; extra, 47 50 to aj| erftne, 45.50 to $7-in bags about same.prices. BACON—iClear sides, 2); clear rib s'des ti'V: shoulders, 18. Hams- sugar cured caov rssed 34, plan canvassed 2i*a t > tti : plain IS to lit. LISIK—Tenncseee, Ucrgn* and Alabama tda'lOc. pci onehel; Hydraulic Cement f>. per twirrei Blastei o' Paris $S 60 pet barrel. LEATHER. White Oik Hole, per Ih, tin Hemlock Sole, per Ih, 2*. ro 3u< : Upper, per do;'eu D'.i lofts Harness leather pci lb. 40 to 45c. LARD. —’n ba..els, 21 f ; in kezs uu.i caus,32Jt to S3 cents. MoLAbSKS—Cuba, per gafion, 63 tc. 55c; Florida 5tl io 75 ; New Orleans, 85 to 00; Syrup, per gallon, on tc. tl -25. PEAS.—lu bucks, #1 25 per bnshei. SUGAR—Crushed and granulated, per Ih. file; clari fied, per lb, IO to Ibe ; New Orleans, 14 to 17c. TOBACCO.—Low grades, 50 to 60 medium, 7u to 75; S ood medium, SO to 85; fine, hoc to $1; choice, fl TO to 1 66. _ OSarkot itepor&a by TeleKraith. New Yobs, July S6.—Stocks strong Mouey steady at 7. Sterling S 7 8 Gold 1.36 V Bonds ot 1362, 23 5-8 North Carolinas 6‘ii<, netv 54 Virginias, excoufons, 581-4; uewfkiq. Tennessee ex-conpons"63, new57Ji Lonisiunas, oidtzt Levees 61%. Flour 15 lo 25 cte belter. Wheat 1 to 2 rents better. Corn I to 2cenla better.— Pork $12 75 to 22 80. lard cj n^t Cotton dull «l 3*. Turpentine moderately active at 4:)t Rosin tirtn , stratued common $2 25; good 2 2o lo 2 35 Freight* dull. LONDON, July 2i.—Noon. CoueolsSSI l Bonds M2JJ. Tallow 4 i and 3 Londan. July 26 — Alte: noou —■ ousols decline 1 %. Bonds unchanged. Frankfort, July 26.—Bonds S74* lo »7 5-3. Ljveri'ool .July 2; -Norm • v.tion tii me* hut not uuotably h gher; sales teiimari d at 15 rtet Bteadituffs firmer but uut h cuged Ltv spool, July 26 —A it.-moon Co ton , fiplauda 12!< ; Orleane 12to 12'4 , sal. = i , .,**) P.. t; lot. Lard firmer al 70. 'fallow 46 Hirer; Ju'y -in. t.V.lt m ou a|s>t 150 1 2 New Yosk. July 2b Evemug cotton dull; sa'es 21 0 bate- at 31 cent**. Flour superfine to iancy State Vi c5 to 7 51; su e-rfinr to < b ice white Western $5 B5 to 7 75 , So.itbvru firmer, comm > . t • c It *r e $7 to 11 75. Whea -No 1 spring $i »a. Corn iu lair demand a* noon’s advance. Beef steady fo-k quiet. Laid firmer; kettle la 5W io .0 Whisky firmet fl <» to 110. Groceries qu'CL. Turpentine4:1 Ko in $2 25. Freigbla lower; wiieat, sail,Iff ; (team 1% to 6. Mouey quiet aafl easy at 0 to 7 ; discouuts 8 to 12. sterling firmer at 9 7-8(0 '01 a. Gold strong at 137 to 1.(71-2. Govern- mentis stroeg. Bonds of I-vi.'.ej .Sonliierns dull. New UrleaNS. July 26 —Cotton active—middlings 22%. Bales 669 t*a e-. Mofasaea. le inentmgKl. Sugar, common 101% ; prime, V}%. Gold l‘!7 Itsi.TiN-iRS. July 26—r'ofIon quiet al ‘if Flour— ?Uj/r. U tif f » V* to IV 50. Wlte»t weak at jl 45 to |1 IZ; 1*1 ite (I 70 to $1 Ja. t strn firmer ; wh le $1 lute $112 ; yellow tl 03 to f I 19. Dale dull; prime new 70. Fork Jiti. Bacon active and advancing, shoulders 15 1-2 to 15X. Lard 191-2 to 20. Whisky scarce at tl 10 to 1 11. St. Lome, July 96.—Whisky $10 5. Provisions advan cing. Fork $77 75. Bacon—shoulders 15* Cincinnati,July 26.—Provisions firmer Po.fc $27.7-4. Shoulders 111-2 to 14 .7-4, clear sides IS 1 2 to Is 6 S. Su gar-cured hams 22 to 23 Lard dutl at 19J( lo 19 12. 1'hilai>elpb*a, July 26—Cotton quiet and c"'dined 12 tot cent. Middiicg* 72. Receipts 31. VVtLJfisoroN. Jut* 26 —Sp rits tnrpeotine 39 1-J. ■ Rosin slead; at $1 65 to 1 6t;. Crude turpentine *2 70 to $3. Tor qun t. London, July 2i.—KveDing—Coteols 93*4 ; bond* 22q LIVERPOOL, July 26.—Evening. - Cottot, uplands, 12H Secreiary Executive Depsttmcnt | OFFICIAL! KXFt UTtVE Okt'AKTMKNT, ( Atlanta. Ua., July vt' C't * To all trhom it mny cone, rn, ‘ice. tin . WnsREAB, it is a well known I u.l ir. Ihe hiatoiy of the ate Rebellion, that Die civil authorities of tide State e - acted Irom the several Banks doing hn*iru*ss (her. ii , loans ol large amounts of their capil it st left, and assets which have never been repaid, and Ural Ibe said Banks have thereby been reduced to Insolvency; and Wheteas, Robert F. Curry as President and a Director of the Northwestern Bank of Uenr -la, Walk* t P. tiitnsc as Cashier and a Director of tl.* same Bank, and tip limn If. Inman as a Director in the same Bauk, were in dieted al the March adjourned Term of tne Siiperi.-i Court in and for Catoosa mind y for a misdemeano. in the insolvency of said Bank on the liist day .of April, A l> 1565; and also for a failure to redeem the notes of t In- said Bauk on Ihe twelfth day of A pi d. A. D 1M>7, which, il is alleged, were oil that day presented for paytucu' lo the amount of Fifty Thousand Dollars, and also for a failure to redeem 'lie notes of the aunt Bank on ih.- twenty-second day of October, A. D. Pt'.J, which, it in alleged, were on that day presented for.payment to tl" amoiinl.of Fifty '1 hotiaaml Dollars; and Whereas, satislaclory proof has been made lo me that the stlairs of the said Bauk have been fail ly su l leg ally adminislered rally with tin- .-aim- care and ddli genre lhat agents, r.-c. iviiigai-onunisoon lor Iheit servi ces are required and Ivounil by law lo olisei ve, anil that t he insolvency of the said Bank and it. iimbiltty to rc deem ifh notes have been brought aboul. oy no agency oi Ihe raid Robert F. Curry, Walker.P Inman and William H. Inman, bill are Ibe neces arv results td Ihe action oi the civil powers of this State during the late Rebellion and the destruction and loss ol property occ asioned bv Ihe late civil war; and Whereas, Ihe expenses, inconvenience and trouble of a defense wjjl work great hardship tnd damage lo Un said parties: Now, Therefore, in consideration ol tin- (nets and i ii eumstancos ft'oresai* 1 , and lo tlic end that impartial jus lice may.be done, I, Rufus ii. Bmloek, Governor and Commanderin>Chii:f ol llie Army and Navy ol tins Slate, and or Ibe Mililia tberi*of, by vii tne ,,f Ih*- power aud authority lu me vested by the Constitution and laws, of this Stale, do hereby pardon Ihe said Robert I f-urrt Walker P. Inman aud William II Inman of tlte said misdemeanor and misdemeanour, wherewith they anil each of them now stand and stands charged and iudicle.i iu said county ol Caloosa as fieri inhefore reriled, i.ud all misdemeanors consisting in Ibis insolvency ol Un said "The Northwestern Bank of Georgia" or In failures or refusals to redeem the Notes ol said Bank in spene or iu current bauk lulls passing at par, and com milled or alleged to have been mininilied hy the said Robert F. Curry, Walker P. Inman, William H. Inman or any of them Mine the nineteenth day "I January, A D. 1SU1. fiiveu under my hand and the S*-al of the ExecntiVe Department, nt the Capitol, in Allan*a, Ihe day amt year Brat above written. RUFUS B BULLOCK, Governor By the Governor : R. Paul I.kstxu, Sect’y Executive Department. jnly24-d:itwlt. |OFFICIAL. | Executive Depaktment, i Atlanta. Georgia, Jufy 21«t, 186't { SVherkas,-By.an Act passed at. llie last sassion of ihr General Assembly ot this State, entitled “An Act to p o vide for farming out the Penitentiary, and for other purposes,” Mefsrs. N. H iwkins, Samuel McCombs and L. Carrington were appointed Commissioners to take an inventory of the propertv, stock, ’etc , in said Peniten tiary, and Whereas, The said Commissioners have, as required by tbe said Art, transmitted to this Department snch In ventory of property, stick, etc, together w.ththere- eipt of the lessees of Ibe Penitentiary for the same, ind Whereas, The said Act provides that the State shall lie relieved from all expense on acconnt of gaid Peniten- . tmry, except that of the salary of the Principal Keeper : Now, therefore, rt is Ordered, That Overton Ii. Walton, Principal Keep- ea of Ihe Penitentiary, do discharge and dismiss from the emp'oy of the State, each and every employe hereto fore c mnected with said Penitentiary, such dismit sal to lake effect from and after the receipt of this order. Ail Executive Orders heretofore issued makfeg appoinmenl of officers in said Penitentiary, except that oi Principal Keeper, are hereby revoked ; and persons named in said revoked orders will cease to be officers under the Slate Government, from and after the receipt by them of a duly certified copy of this order. Given under my hand and the Sail of the Executive Department, at the Capitol, in the city r.f Atlanta, the day anJ year first above written. RUFUS P. BULLOCK Governor. By the Governor KnoENE Pa VIS, Secretary Executive lier.irtmei.I. iy2l-3tdltw Orleans 12 7 changed. Brevdstnfis firm. Tallow firm ana un- Special Notices Fre»l* mm a iflitirfeti's tflu%la ” In flic parej>*5arcby whirl* follow* fhea««A of Hag&u’ts Magnolia balm H »= M*»- Tru»* Secret »>r Beauty. Fubionatilp in SoriiHy r.nd^rataai! tbia. The Magnolia Buim cb I hr r i-t ir c 'oiintrjr into a City Bellwr more rapidly thuu uJiyoUwr c#i»e thin Redneaa,. Suohurn^ Tau, l’c* • >;!*•-, Bioh hee, and effect* of the Stiuim^r Sun tlmup^ear where if m iittPil And a genial, cultivated. fre = ?» eTpreafiou *.*» iu i which rivals the Bloom f*r iU -mi v te. pc>rsitih* c. all Who will invest 7fi *>-ota .a any l afore* ana insist on gettiug the Msgnodu B tint. IwYon’s Kathaieos j- in** !;••*» Jiu*r l*reseing- .. Irtfiyia*- deadline ji UNIVERSITY OF NASKViULF. MEUfC’AJ* r)KrAHT!»IH?< I . T UB TWKNTIBFff C’dUKSK OF LKcrURKN will commence on Hit- first day ol Novi'iulter hen The Preliminary (.’oorse r iinu.e .i er.oii llie first M iMliy iu Otto tier. Theory »im] Frjcfiee—Wii.i.iae K Kowi iv.. M !» Obrtetnw-t'u*kliu k. Winston, m i* Chemistry- J. Rerhibx Liei .-llv M It Horgery—William T. Dkiimc , M. U. Institutei!—Thomas L. Maddin, SI I>. Cliuical Medicine —William L. Nkhol, XI ft Materia Meilica—John il. Callender, M D. Anatomy—Thomas K Biu manan, M U. Surgical Analomy Van S. 1.im»-i kv. M D, Demoiirtraior -Hkakv M. Cf-Mi-roN, U Ji. PeEa.—The Ameri. .n Medical Asso htlon ul th.- meeting in May last's’. N* w Orleans passed a re fin ,, that no school chary my than $! M, iwlnr it I ivore i by a large majority siK"Kil ■ re, ■.< .e ,.t. ,| ,. t n*,» Muff, nor should grade tier i.f - ,o i, . , nixed—therefore llie 1" I. tnres is $140; M ttii'utii - - ~ ualing J.'Ji. For adiiilun mf.uu.a . n. i.. .] HKHktKS i.a Jyl3—w3t f -i.. ..I the I .... i. SHOEUAKERS WANTED. E ight or tknuood biioemakkksoi. n.--t pegged work. »l«-;»*Jy <*mplf»yui* ul i ».r aud good wag»» paid. ju Jy*21—d> wit Atlilre^a j;ui 4 i*V at ' v «fi.i:,. Allipiw, W^-or<ia« McBtLK Jcljr ^6.—<*otton market dull; saiea 50 : m‘.d- dilu. « 3»a; receipt* S bales. I Bavassab, JKly »h-^9 mttet i JWiptfi 17, FOR SALE. T HBTfiRRY MILL PKOPX&KTV, with tiity arrei «*: bind, on South Hi ver,-four mileo Mouth oi A*iiai»LA, a flae BRICK MILL with two ruu of ntzOTseii for Com, \Vh3at, Rye, Ac., m complete ruttoi^g oifl^r. No .better water power mill property in th * Sin Jr- of L»e.i < y. Other machinery cau oe attached, ihe TiAifi d a€8 not consume one. halt the Water. This U a valuable waU-r-pow« i. Coirft* and *»eit.— For further paiticuiars, Kimis, if Q|ithep;ciaiee#» ialaiann6.r

Georgia Historic Newspapers

Weekly Atlanta intelligencer. (Atlanta, Ga.) 1865-18??, July 28, 1869, Image 3