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VOLUME XXL
EKR0ECKABK3 TO UK UASOEW'C.-* WHEN REASON Is LEFT FREE To COMBAT IT." /,_
.AXTATgA., WEDNESDAY, AUGUST 18.1801).
NUMBER
inPOKTAKT DECISION.
I MTKD fTK-nU PISTUTCT COUKT -SOCTWMB'
I>f STRICT OF GEORGIA.
'l io Bankrupt i« Rolllled to th. FxewpHon of s Horn.
»Ua<l eat ot laud Mortgaged bs him, Ur nrcore the
l*n»Hj« t of borrowed Money Prior to the Tone ol
t aiming sorb IlomeeMsad.
IS-UK JAMbe IS SHOWN
I Frank M Utjweliine, h te£t*t«-r of said Court
in Bankruptcy, do hereby certify lit at io the
court*- of the pr<x*<.i lings iu s.u*l cs.»u»e the 1*>I-
fowiug question pertinent to sold (xooxxlintns
aroaft and w«m tinted, and agreed to by Arthur
Hood, Erq , counsel lor th« bankrupt, and T. K.
A (•tiling, lv-q , who aopeaind lor Hamilton Per
sy, administrator of Uses elate ol Eiam Lee, a
creditor ot the taid hnnknipt.
tin the Dth day ol January, i-J>0, lames B.
Bu.wi executed a rnorteage up«>u a lot ot laud
with hotel and atabic m Blakely, Georgia, to
Elam D. Lee, executor ol Elam Lee, to secure
Che (laymciit ol uioney loaned.
On ihe 5ih day of May, 1868. The said
Brown tiled ins |K.-uUon be declared a Bank
rupt. The said land w Uie only real estate re
turned by raid Bankrupt. and is wottli more (ban
five hundred dollars, lie claims uu allowance
ol live bund ml dollars lor a homestead out
the proceed* of the sale oi the said propeny,
which claim is reshteJ by r the said creditor.
Au(l the. ftaiu parties requested that the issue
thus rai»ed*bnutJ l*ecertified to your Honor tor
your opinion literal n.
OPTSlON OF TUB UeHTW
9 The question here submitted la, “Is (he bank
rufd euulled u* a botnotead out, of property
mortgaged by him to secure lb* payment or
borrowed tm ney pruir fo the time of claiming
until homestead
in lie John B. ‘.Vhitchcad your honor sfflrmed
my optntoci that tK« trank nipt is not entitled to
the exempts mol bwftiexieari out of land mort
gsged by him At ihe time ol its purchase to se
cure tin ptytneiit of the purchase money until
the said mortgage is Satisfied. Si e Bankrupt
Heglster, vol 11, page ISO. In the course ol
that opinion I slated "that the deb 1 or who seeks
to have a homestead set apart lor hmist-ll and
tamil) T must first have a full and coruolete own
ership and titie to the property ; it must be en
tirely his property, untaddled with any encum
brance, lien or condition utleetiug his title there
to.”
* * * M The Code does not deny
the head of a family the right lo create a lien on
property not previously exempted in accordance
with the provisions <>i the Homestead act. He
it free la do what he will with kin own, convey or
mortgage it.”
Alter renewed consideration of Ihe law rela
ting lo the exemption of property, 1 do not de
sire lo vary that language, ana natter it here
us a reason why 1 think that Jatncs B. Brown,
the bankrupt, is not entitled to a homestead out
of land upon which by his mortgage, he has
already created au “encumbrance, lieu or condi
tion affecting lus title thereto.”
Tbe Code ot Georgia, alter designating Ihe
property to be exempted to a debtor who is the
head ol a family, goes on to state the c urse to
be pursue! by “every debtor seeking the benefit
ot tue act.” A claim lor the exemption of the
property is to be made and recorded in the
clerk’s office, the inn I must be laid oil and a
pl.it of the same likewise recordi d.
Further on section 2010 of the Code declares
thmt “any officer knowingly levying on or selling
any pro]<criy ol a debtor exempt under this
law, a tchedule of which tom !>een returned on re
quired, is gut It y ot trespass,” &C., ami section
2020, “The debtor shall have no power to alien
ate or encomia r the property t xempi under this
law, but Urn same may be sold by the debtor
and lus wile-, it any, jointly with the consent ot
the Court ot the county,” .fee. By this it is pro
vided that an officer shall uot levy on, and the
debtor shall have no povr* r. to alienate or en
cumber the property which has b*s‘u duly ex
cm pled; i. e , net apart ami recorded iu Court
in accordance with me provisions of the law.
'Ihe power to alienate or encumber the piop
erty which has not been duly exempted is not
taken away Irom the debtor. It. is a natural
subsisting right, lie uu deal with his own
proper!) as it pleases him; aud the lieu ot a
mortgage given by him lor a good considera
tion is unquestionably valid ami binds the prop
erty. It is a contract, his obligation to keep
which may not be impaired hy any subsequent
act ot liis or by any taw. Since then the law
uo where dentes the bead ol a family the right
to sell or encumber properly which tins not
been set apart in accordance with the Home
stead aet—aud this natural right is his until
taken away by statute—he suiely will uot be
permitted, having borrowed money ou the
strength ot a mortgage legally given to the
creditor, to secure tue payment of tbe same,
thereafter U> invalidate las mortgage by putting
iu a claim to have the lien ot it discharged, and
the property act apart lo him lor a homestead.
This, as i view it, would be a wrong that
neither a court ot law or equity will uphold or
sanction.
The mortgage eon tract solemnly entered into
by |>eraiisau>n ot law mas; receive the approval
aud aid ol the 'aw.
Respect hilly submit led,
Frank S. He-seltine,
liceistcr iu Bankruptcy.
Luskink, J.- .Mr Register llcssehinc, m his
written opinion ou thequustiou which arose be
fore him iu the course oi the proceedings in the
matter ot James B. B.owti, a bankrupt, relied
ou the case ot John B. \V hilehead as being an-
alagous to principle, if not wholly governing
the case ol Brown.
In the case ot While-head, the point tor decis
ion was whether die bankrupt was entitled to
the exemption claimed out ol the land moit-
gaged by him to the vendor, at the lime ot the
-purchase, to secure the purchase money.
There the equitable lien ot the vendor was
involved ; ami notwithstanding the vendee gave
» mortgage ou the land lo the vendor—execu
ted simultaneously with the purchase —I was ot
tue opinion, ou principle and authonly, &ud in
eutire consonance with ihe conclusion ex
pressed by Mr. licsseltine, tiiai the vendor, by
takiu&tbc mortgage on the land slouc, dul not
waive his hen; and affirmed the decision ot the
Register, denying ihe exemption out ot the
laud—land he bad never paid lor, aud tor which
he w\,8 merely the trustee tor the vendor In rc,
John B Whitehead, 2 Bankrupt Register, 180
8>. F. In re, JLindney Perdue, Id 07, 2 Story, Eq
Jur., secs. 1227, 1228, 4 Kcut lot, 0 Go.. 80, 14
Id 216,5 Ind. R, 402.
Biowu’s case is bn fly this : He was the own
er ot a hotel and stable lot iu liutkeiey ; these in
January, lt$60. he mortgaged lo E. D. Lee, exec
utor ot Elam Lee, lor money loaned him by the
executor. Iu May, 1808, Brown filed his peti
tion iu Bankruptcy, including in his schedule,
the mortgage propeny, u being all tbe real es
tale he owned, lie now claims to lie allowed
out ot the proceeds ot the sale ot this property
w hen sold, it not being pus was agreed by coun
sel ou both sides) susceptible ot partition, five
hundred dollars iu lieu ot a homestead. The
bankrupt is the bead of a family, and has three
umi.tr children.
1 need scarcely remark, that in Georgia, a
mortgage is a security tur the debt—and nothing
more ; the title to, and ownership ol tue proper
ty lemaiaing in tue mortgager, until tOKCHMM
and sale.
From what 1 have said, I think, it will be
readily obGervcd that there is a clear and very
mar.ed dittt-rence between the case ol White
head and this o! Brown.
exempted trum irvy a.ml J THK NI-PkEWIS COURT OF TilE | authority, si' 1 ant aril energetic. When the I a cted as prominent a pan as did Gentral Cobb, I how evince his displeasure. It is the tnolish
I ing exceptions as i
I stale upon execution or other process or order off
| any Court by the laws of the Stste in Vflnrii j
| tbe bankrupt baa hi- -to < at (tie time oi RieJ
comtneucemcut ot the pr.ee*dii!js jir, twutt- ,
] ruptry, to ay amount jo'd exceeding Iba* allowed
1 by «u< h ‘-title e\--in pi kill laws HI h Toe In i tit
! year cj^teen hundred and sixty-jour ”
j Iniana HI, Fi. 2. IU. .'k Chap. 2. Art, iot
| the l ode lt.-t iTil). will la- ItiUnd tin- exempt ou
lawsiufoive iu rb-orgia iu 18 ! >4. iv-cti<>u.2t>lS
staUs what properly sliali !*« exempt In>m levy
STATE.
To the nruiorr of Ihonll Cobb.
Atlanta, Auguvt 11,
The Committee apraduied to report a suifkble
tribute to the memory ot the late G&neraj Hvw-
• 11 Ci»bb beg leave to'subcait that at «■ mfietiaj ot
the Superior Couri ot Bibb cdubty, swMFtlteliar
iu attendance, at Macon, rur the 3®ih of Novjirn-
ber Ia.-t. the followimr preamble and rekdhttidtns
be tiKitretly criticised, till the passions aud prej-
were a.d..plc.>, lo-WU.
and -1!" by vtrwit . 1 any pr»>cea< whatever, uu- j' Genera} Howell Cobb, la mg on a visit to tli^
der the 1..1V-! <»t tin- .-..Ale. And Se<“t«.u 2017 • North with his wife and daughter, died iu Uie
declares Uiat ‘ It the -1 1 >.wusvwvh proper | city M Nrw York ob the 9th day of October
tv • xceeding ;n . i'll* n o.- tmiidr.-d ilolV., - nul j (asc, at me age ot 53 years. He was seized aud
it cannot 1-- eivuh .1 '«• v (A give his family that j deuly, was prostrated in a Tioment of time, and
amount, he may give not ice to tbe otlh >-r !• vying 1 expired in a few minutes' taercidur. A man of
Confederate liovernment —alter sacrifices inde-
scritiable, and the display o' heroism uniinag- i .. , , , , . ,
inert m tbe wil iest dfiaai of romance-tell. he | “J*** w * ,,oh were engendered during the coo-
conceded the fact ot its extinction by over- have eutlrely subsided, ami reason has re-
f.
•ct-e-rs ot the sale stc
shall order fivc hnn*
t«<- iuvrsted by some
tor tj:e ta.nilv ..{ the
there. >u, and
to be distributed, it.
dm! dollars.>i me. 31m.
proper [a rsoti in a hoi,
debtor, whicti -h-il •
der this law.”
As ai.ti.aily >>!itivoI
totik the D»or*V'itge tP->«-«
m.'hi-v Instied, mi- exeiu)d.h»n*laws men <•/ t> >r< .;
Were an ingredient in u.e contract. But whe
ther, alb-f ihe tkete went into ■ effect nod the
mortgagee had then foreclosed and » Sa g had
taken place, the mortgagor could < !a : m, t:ndtr
the new exemption laws ot Georgia, five Itip!-
dred dotlars, is a question not uoee-.-iiry tr» ,-iR-
cu-s here, it Ls sufficient tor the t-urposai- ot
this cose that the uatioaul i. .-rt-'aiute has, in
pursuance ot the Stb MAti.in oi the l-t a|t-‘ le-
ot the cqnstituii'in, cn.K te t a siatote to estab
lish uuitorm laws-on the subject of h.invmpe-
cies throughout the United Siatea. Murfrie v*
pnmntn^fiMdy 4 Wfert 122, B6, jW Apd ti
any ot Hie 8LUe exempt ion law’s are ltt.Coutlici
with acts of Congress, they rne-st yield; otiier-
tvise, the National gfiveriiiatnt eon id out move
on, and its constitution and law# count not he
parumoont cv>-n within their proper sphere.
Martin v* Hunter, 1 Wheat 3t’4. Gih’jins v*
Ogden, 9 Wheat, 1, 11)5, 2Oil Commouteealth vx
Kimball, 24 Pick. 359 United State# vx Hart,
Feiers ti, C. K. 390. Home# ex. Jtnnoutn. 14 Pe-
tora,'540,574. Indeed, this is made uectx*»ary
by the constitution ilselt.
“This Constitution and the laws of the United
States made in pursuance thereof, an t -i.l irea-
nes made, or which siiall he made, linger the
anthority ol the United M ues, shall lie toe su
preme larv ol the ianu ; and Hie Judges in every
State shall be bound thereby, anyming in the
constitution or laws <>t any S ate to the contrary
DOtwithgumding.” Art \ I
The decisit.n of the Register isTeserytd.
The Clerk will please cirtify p is op.oion to
Mr. Register Hesseltioe.
July 27, 18<>'.>.
Tuns constitution, and uatil very recently^
iu the. enjoyment ot uninterrupted health, n<>
one had a borer promise rd long life; and sur-
rAiucded with riuuierovs and devoted friends.
11 into off rr- and filessed wii h the
I'liwboUviimcFootl.
The sale of uuwlio'esome or spoiled food is
in direct violation of the law, and the vendors
thereof, knowing the food, of whatever kind, to
be so, ought to be visited with tbe full penalty
ol the law. We have been informed by a gen
tleman of this city that recently 1 a large quan
tity ot damaged corn was ground into meal, aud
the same distributed araoDg certain family gro
ceries in the city, and from thence sc'd to their
respective customers. Iu one instance, alter
the meal had been cooked into bread. its im
purity was detected by the gentleman who had
purchased it, aud to n-.-t it, he rht-w a portion
ol the bread to a dorr, who ate it, and in a Rw
minutes afterwards vomited sever. U and ap
peared to be deadly sick. A noth 1 geiitietnau
who had pureba-ed two sacks ot the same meal,
aud nut likiug it, concluded to n 1 -4 lus mule
with it. He did so, and the m. it k.lied the
uiule. Meal that will vomit a ii- : ..no kill a
mnlc is On iike unto p--ixOn as any ol tin; miner
als are, and the man who will scud c->-n to mill
tti such a damaged condition a- win u ground
into meal will produce such efficts, and the
miller who will grind such corn into meal; and
the vendor ot the meal, if he knows its quality ;
ought all lo sotierthe severest penalty of the
law in such cases made and provided.
nitiRral ISe
the
1'uvamg to Cobb’s Dig- 390, it will lie seen, 1 growing countries are temperate, and have very
thatov uie Actot 1843. w hsen is amendatory ot j little drunkenness in them, the l iii’fd 8 -
ii‘e Akiot 1841, Id —tiny acre? • i inud arc 9QM DC able to get iHHtg With< w riv
exempt troui levy and sale, “except the same j undue agnation about the too tree use oi ar< 1 < at
snail it* lof the, purcus-e money 01 said land, j s pni.s. ^ ^
bLud” pH * Va? '* irt ° l V *‘“ Ch lDC ,Had sbaU ^ | To tbe n«mo»r ol Howell Cobb
We lay belt we the readers -•! me Intki oen-
f Uv Act ol 1845. Id, 291, extent.s the humane
aud tqmlauie tK.nv.-nu ot me pieceamg Acts to 1 CKK '*'•
citizens ot any etty, town or village in the
Elsie, “to include real property iu -och places
not exceeding in value two bundled dollar*.”
Thusstooo the law when the executor 01 Lee
received trom Baiwn the mortgage on tbe hotel
uni atonic lot* .And t an t • . vecutor ot Lee
now complain ot Brown, tuid iUd be not lead
Ure money and a. c« |il Hie uio. tgage, under the
law exemptiu^ a rv.U.a |huU»D ol tbe property
ol the oi l t .1 tnuu feq ami sate T
By tin (•!<•» to-iis «it lire Hit last cited— the
property uvms Mt«at»
wvalid h
two bun
to be
! dtarmenu ot home and family—of a life ot un-
*I.CU the in--i4;. . ee . mingled happiness. He w»s cahe<l hence With-
•-U-I payment qf ctic ■ out premonition. This provioeuce, to our lim
ited vision, looks »• ratine; but we s eil know
;h.vt it is not t*.r s t • ,it in juilgment upon tbe
iLi-iTt,table events of Uie Divine Government.
We beiitve that the all-wi-e and alt-merciful
Ruler ordereih all tilings well, and, therefore, it
iaoiir duty and privik-kfc to acquiesce without a
murmur in liis dispensations.' “Justice and
Judgment apfe the habitation of Thv Throne;
MejTy nitd Truth shatf g»* tw-t'ore Thy Face.”
IV Lad the telegraph announced the death of our
brother, tbon.-vunds ot people all over this broad
land, and we among the number, telt that they
had lost a loved and cberisned persona! friend.
The Cououy aa- stricken with awe and tremtt-
looguess. Sadness and sorrow and deep
regrets fell upon ait
IV e may not assnnie
ntiicts ot their great bereavement uiuin
the family of the deceased. They have
soivetl the mystery ot unutterable grit!.
And yet, as we snail sec, even they are not left
to mourn as those who have n<< nope. It is a
oiehtnctioly pleasure for ns lo honor the namt-
and memory ot Gen. Cobb. Alas! how mel
ancholy? Stili it is a pleasure It is indeed
pleasant to be enabled to place upon the records
ot thislourt our unanimous, cordial, unquali
fied testimony, to his genius and learning, ht>
professional h*-nor, his statesmanship, his patri
otism, his kindness ot heart, and his unrivalled
-octal attractiveness. We lay this ottering upon
his tomb. It may be humble, hut it, expresses
our atieciic.tr nod. our respect tor his' 1 character,
os e.< queutly as would a monument carved in
marble and ttubiazeued with gold.
Gen. Cof'b was a native ot Georgia, born o!
highly, respectable ar.-.l pi'-us parents, in tb?
county of Jefferson. He was graduated at the
University ot Georgia, during ihe Presidency
■>r Dr. Church, in tbe ciass of 1S34. Immedi
ately alter his graduation he commenced tbe
study ot law unotr the direction ot Gen. Hardin,
a most, excellent eendeinan ot that ilk, ami
when admitted, at an eatly age, settled in the
town of Athens, Clarke county. Very soon be
acquired a good practice, both id his own county
and in the circuit. For several years he held
ihe office ot Solicitor General of the Western
Circuit, discharging its duties efficiently—zeal
ous to convict the guilty, but forbearing towards
the inuocent.
Neither the sovereignty of the State nor tbe
I e:t!z>-u suffered wrong at Ins ha :ds. A brilliant
1 dareer aw sited him. With a commanding per-
snii, liue voice, conciliating address, industry,
thorough furniture, and ardent, seif-reliant and
ambitious, he would have speedily reached the
highest level ol prof.-ssioua 1 distinction. Bui a
change came over the spit it,01 liis dream, aud
like Uie most ol the young men ot that day who
were couscioua oi inteltc-etuai power, he became
enamored of political life.and his aspirations in
that direction were so piomptly realized, tha*
ins prrdeaslou became au object ol secondary
importance.
Alter the fall ol the Confederate Government,
he settled in the city of Macon, and assumed ihe
practice, ifis success was equal to Ins most san
guine expectations ; diems multiplied, and at
lus death tie stood iu the trout rank of the Geor
gia Bat. Upon au occasion so solemn as this, it
ecis.uies us to say nothing for eficet, and to in
dulge in uo exaggeiatiou ; and we may, tbere-
lore, hope that our estimate ot 'General Cobb,
professionally aud otherwise, will be taken as
1 rue and candid, lie was not, in legal argument,
a dealer in dull, dusty cases, with l ittle or no ap
plication to the point at issue. He was master
of the principles ol our noble science, aud his
acute discrimination aud clear, vigorous judg-
m< ni euahlcd him to apply them snccessiully.—
•Nor did he rely , upon them and his native ori
ginating power alone, but was wouttoarm him-
-clt with authority, that latest authority which
ruled the principle and most perspicuously iiius-
trated it. liis manner of argumentation was
logical, wituont tue still, cold, lormality of scho
lasticism. Indeed, he was a natural logician—
he knew well how to assume premises and
draw conclusions, without the aid of the sollo-
etsia or the tricks ol the sophist. Before the
Court he had great power of condensation, aud
neve r weakened his cause by repetition or pro
lose elaboration. He was nappy in the hand-
uu_' Ml lacis bt-iore the jury, and skillful, though
loir, iu* bis statement ot them—just to his ad-
rsary, earnest and persuasive, not'unfrequent-
ly wielding at will both the amviciions aud the
passions ol the panel. In this count ction, it may
be prop«;r to say that his eloquence lound iis
happiest display beiore large popular assemblies
He was peculiarly at home at the hustings—
there he achieved liis most splendid triumphs,
there; he became regal His clarion voice reached
the ear of a great multitude, and his honest,
amiable character reached their hearts.
General Gobb’s poliiical career was not only
successful, but exceedingly brilliant. He rose
rapidly trom one position to another, UDtil he
became a recognized leader ol the great Demo-
I er.itic party oi ihe American Union. This is
I not the occasion, nor ours the duty, lo trace bis
| ascending course. That responsible task will
j devolve upon the historian or biographer. Sut-
lice it now to say, that beiore the war, he repre-
-euted his dtsttict m Congre-s for a number ol
i years; was Speaker of the House ot Repre-en-
j lames; Governor oi Georgia, aud S cretary of
j me Tr asuiy dosing -Mr. Buchanan’s adwinis
ir.ition. His political ricoid may be said to be
! voluminous Iu it there is doi 10 be sound a
i i,h«t .it a l-iur. Amidst all the violence of p.■ rtj
warfare, no one ot bis political opponents, how
! ever uosciupuloirs, was ever known to utter a
1 word impugning hi* integrity as an officer, or
hou.'i a c. nllcmau. The Houseot lie-
.i.s< uiauvi-s ot the United Slates is a theat.re
n|., n whiAae boards demagogues play tor popu-
; laniy, partisans tor pmver, genius and eloquence
J tor teufiwn, and (>atrioia tor peace, order, and
. . govt n mi ui. it is, therefore, ohen disor-
de.ly, and Irequintly icinuliuous. To preside
. v. r such a body with acceptability, re-
; quires tare endowments—a thorough know
ledge ot nun—quickness ot perception—
j patience — self-coutrol — firmness — a clear
i -east* ot justice—tact and impartiality.. Espe-
j c.ally is it necessary that me officer com
| min'd the respect the House. Thai is,in tact,
J me chief eietueul o! hts authority. All these
qualities our mend prossesswl in an eminent
.agree; and hence it was that no .-syK-aker, since
ih>* tune o! Mr. Clay,discharged tl.e duties of the
c natr with more marked efficiency than did be.
■ \V nen t..e Mate seceded, having contributed as
nmet. to the result as any other citizen, he gave
iiiuiseli uncoudiiioua!ly to the cause ot the
South. He yielded to it all the Loners which
: ue had Won under the Untoa, and consecrated
• ■its success his name, his estate, and his life.
He was elected a member of the Fro visional
; Congress, and when it met was chosen its pre-
-iditig officer. No body ever convened at the
South was more able <-r more patriotic than
.his Ongtess. Party preyM*s8es«ions, commit-
. os, amuiosities and cr*o)s had no place id the
1 detil** r -.tioiis ot mat ag.i.-t assenibly Tl.ey
; 1 l4 r; . .. iu an atjiiospnereCharged With
and Bench ol tbe Supreme Couu ot tue 8iaie, the subiune rwponsibitines o! a stupeudious
on ve-terdav, in commemoration ot Hovrsu. j rev.duuon. A constitution was passed upon
„ ’ .... . , the ba-ts of the principles of 1776, which was
Cobb To the tribute which has thus been pan! u ;n . proVem aut as many believe, upon the Fed
to his memory, it would lie suj»eifluou« now tor ,, a i -astitutioe—laws were passed and officers
us to add a word. In another c..luninih>- read- elwrtti to admmi.-tiT them.* The civil rev- |
Ofutiou was in a Jew wet-ks aycoih •
i>.i-hc*tf, and the new government moved tor ‘
whelming toree, aud acquiesced in the necessity
ot the sot render of its armies. Not only so,
but he advised and urgeu the return ot the
Southern Sta’es i«> their former place in the
Union. Uncomplainingly, snd with quiet dig-
nity, he retired to the wa«ks ot private life. We
looked to him in these latter-day troubles and in
tbe couiingenciestof the tuture as oue ot our
Wisest, satest advisers. \h e d:d well hope that
that he would live, to he, as he ever had been,
the champion ot taw a*hd liberty. Bat he has
passed “ trom gloom to glory,” and his country
has nothing lelt hut the heritage ot h:s fame
and virtues.
Turp we now to Contemplate him in his private
character. A mere outline sketch is all that we
are at liberty to appropriate to a theme to which
sweetest uad richest en- a volfimemight well be devoted. Its necessary
meageruess, however, does not make it other
wise than gratelui. it is sometimes the case
that eminent um*especially in political life,
draw around them friends, trom tear, or tavor,
or policy. Governor iiobh’s _ friends became
such from atiectioH- It is believed that he lelt
inore personal trie ids than any man who has
Hved nod died in tin? 8taHi. Tnese admired him
for his ability, but roved him tor the kindness,
generosity and nobiuiy ot his nature. These
were attracted by h’S sl-rn sense of justice—by
his benevolence—his charity sn t his genial com
panionship. Had he beer, wfe distinguished, he
would not have been-;v oeloveO. Folilical an
tagonism engendered n.« bitterfiess iu his soul;
rivalry created no hatred, and disappointment
did not lessen his cheer)unless. Public Hie did
not cool t,le warmth of his heart; ami high po-
who knew biui sitiou did not weaken in him the obligation ot
speak of the- social duties. Nor.was he capricious iu his lik—
'■ tngff, but true and staunch, through evil and
Edit 4>rlnl Giritruloii lo tit
ClOKIM,
\Ye take Irmu the Coiumhus b
following notice ol the prop, sed editorial ex
cursion ot the State Press to (he mim 1:1! regions
which Su|H;riii!endeut liulberl, with c«l lime un
able enterprise has gotten up f«vr thpir fe-i^i:
and that ot the State :
‘•{Superintendent Hulbert has, during Ids con
nectiou with the Biota Rood, shown a com
mendable desire to tiring into notice the vast
mineral and other natural resource s ol Georgia,
and to encourage bj T the tavor ot Ins io.nl all
enterprises looking to the development ot the
State and to the lurtheranee ol iis great inteiests.
He has now, as we learu by a circular from
him, projected an excursion ot the nieuiliers ot
the press ot Georgia lor the purpose of enabling
them to examine and report theiniuer.il re
sources ol Georgia and parts ot Triincsste and
Alabama. The train will l« ave Atlanta on riie
25th of August, and proceed to Uhaitanonga.
From thence, by steamer to tin; extensive iron
woiksonthe Tennessee river, above that ci v.
Returning to Chattanooga the iron wi! proceed
to Rome, and from .thence the excursionists will
go down the Coosa by ste-uner. and visit the
iron works on shat rL«-r. Reiuruiiig to Duine,
they will go dow 1 the Selma, Rome and I'slum
Railway, lo the irou wotks on tha r.-aJ - th.-
whole trip consuming about twelve days "t i.e
trip cannot Jail to be highly interesting ami
profitable, and vvt-doubt uot the editorial Ira
teruity ol Gtairgia will be fully r»-prisenied —
Col. iluIlK-rt.m his circular, says the.iron crop
ot Georgia will, in a few years, exceed !u r col
ton crop in value ”
Importmi Le"ul D.-ci.I.in.
We have no apology to offer tor devoting so
much of our space to the very imp vrt-utt I.-C's-
ion of Judge Ekskine, in the Ui.ited St.t, ?
Court for the Southern District a4' Georgia —
which we copy from the Savannah Ulepu’-’:-.. —
whereby it is decided that a bankrupt is entiil d
to tbe exemption of a homestead out of 1 n 1
mortgaged by him to secure the payment o! bur
rowed money prior to the time of clairahtgsucb
homestead. It is a decision ir. which m nv •>!
i.nr pei*ple are iuteresteif, and wc j>ubli-b ii for
the benefit ot all concerned.
Court lur t'lihp.
The New York Herald of ti.e 4tli ns'.-i \
says: “From London, by way otf’iri- in’
through the French Atlantic cable, conn-s mi-
telligeuce to the tffect that “strong ruutora'
were preTaient in England yesterday pointing
to tue fact that the Spanish government b td ir
ranged the preliminsiries oi an agrennetn f..r
tue sale of Cuba to the United States. This
news, which is highly iuipori vn’, has an air o
credibility about it. Itconfii.n'd in iis iu .
particular it will be good news lor Cutw, g. od
tor Spain atul go-'-d tor the American -people.
• Tbe ©rear %'ineyxrd.
The United States have 2,0nuu- ■ of
planted in v.ucyard, and that area w ul soon re
doubled. It, as is asserted, all hi wv w n«-
morning, tbe pr«
er will find the proceedings to w hich »<■
through good report. •* Tiie lowly aud tue lolly
alike, it Qieritorioiis, shared in liis good offices
and elicited his sympathy.
lu^ihe relations ot husband, parent, brother
and companion, h*; Was a model man. His in
tercourse with liis tafiiity was governed by the
law ot love.
As As hi ad, he ruled with prudence and a au-
thority, but it was me authority of superior
wisdom, united with forbearance, tenderuess
and assiduous atteutton. His wile and child
ren alone know, antf they on.y can tell, how
sweet were the chanties of their home.
The smuiers ot hts command ouring the war
testily ro his consider*' te attention. The poor,
the suffering and dyiug, were always the object
01 bis care and" kindness. It has been repre
sented by oue occupying a high place, reci ntly,
that he visiie.l,upon asick aud dying Federal
prisouer, extreme aud wanton cruelty. This
charee has heeu conclusively disproved, but it
it were n-.t. we who knew him well, could not—
would not believe if.. It is contradicted by the
tenor ot his life, aud bv the unbroken course ot
our experiencebt bisch. racter. And, standing
as we do, at tbe briuk of his recently openeu
grave, we lake the responsibility ot saying, that
Lhe couduct attributed to bim was utterly im
possible.
Pt’hups in nothing >ras the goodness of his
heart more beautiluuy ruanilested, than iu his
attention to depeudau--^ ‘ nte of the old and
taithiui servants, lor example, ot the family.—
These lie provided to: an- 01 tected. Destitu
tion and want always 1 • \ tiom him sympathy
snd supplies ' ■ JF*
it reniains to apeak of his religious character.
He never made - a public profession ot religion,
but it is known to lus iuiimate lrtends that he
had made up his rnir.d to unite with the Baptist
Church, the Cunicti oi his parents and of bis
wife, upon hiareturu this tail to Macou. In the
judgment 01 Uiusc liiuiius he diid a Christian.
Vni! tiiis is the hope tire* we iiust even now,
tnitsr-uis the WJfni'W-'tw fits nfonrhing taiufly
aud relatious, aud wtl, *-re long, reconcile them
to his loss. He waa ^ piaving man tor niteen
years beiore lii_, death, fe'ccofd;ug to h.s own ac
count, tint was harras.-ed with doubts about the
divinity ot the Saviour—that is, ns to the God
head u welling in the humanity ot Christ. He
could not solve the in siery of Goditness, God
niauitest iu the tlesh, which the Scriptures them
selves pronounce great. Unable to.believe with
out & satisfactory comprebeusiou of this funda
mental truth ol our holy religion, he did not,
until lately, enjoy a sensible realization ol par
don and peaic. This kind ol struggle of a
strong mind to subject Revelation to the au-'
ihority of reason is not uncommon. No doubt
it is hold tor one accustomed to think, analyze
and understand, to become as a little child—a
learner at the toot of the Cross. But subordi
nating his pride ol iuteileetaud pride ot lile to
a simple tffort ot lailh—aud inspired by the
Holy Spirit —a caretul study ol the Scriptures
resulted iu a sense of acceptance with God.—
He became the recipient ot that purest, best,
and most sublime blessings ever vouchsafed to
humanity—regeneration. Aud thus anointed,
sanctified and accepted, his spirit entered rest —
that rest which shall endure through eternal
ages.
“O gracious God! not gait.iesa is our loss ;
A giormus suubcam glides tsy sternest irowu ;
Ana while ills country staggers wuti the cross,
Be risen with the ciown.”
liexolved. That this bar, liis country, and his
family, have sustained a great bereavement Iu
tbe death ot General Howell Cobb; that ne was
endeared to 11s by his manly, generous cordial
protessional compauiouship and association ; to
his country by his sacrifices and services, aud 10
iiis family by his tender affection, his consider
ate providence and wise counsels; that we de
plore that one so dear to us and so tull of the
promise ol luture uselulmss should be called
hence iu the lull maturity of all his powers;
saiistieJ, however, that our loss is his great gam,
we do not -question the wisdom aud mercy
ol God iu transferring liis spirit from earth to
heaven.
Reunited, That our resp'-ctlu' sympathy and
condolence are hereby tendered to his lauiily,
Rendvcd, That this Committee adopt the lorm
ot their report upon the present occasion, and
request that they be entered upon' the minutes
of this Court, and a copy he transmitted to the
tamily ot Geu. Cobb by the clerk.
T H.v i.l,
E. A. Ni-tret,
YV.w. Enaiu>,
w H. Hull,
D. A. Vasok,
Committee.
suuied her sway. When posterity has seen
results, the historian, with the materials which
will be preserved and placed at his command,
will be able to assign his proper position toeach
of the leading spirits who took part iu the war,
and in the reconstruction ot the government,
after the disastrous and crushing diti-atifthe
armies ot the 8onth, ard the hopi fees loss ot
her cause.
During the high political excitnneuls of the
past, and the great conflict oi opinion, as to
what was tbe be-=t that could be done lor our
almost ruined section, under all the circum
stances by which we were auirounded at the
close of the civilwar.it was the misfortune of
some ot us to differ widely from General Cobb;
ana in the excitement of the times, when men
had too little charity lor each other while sit
ting in judgment upon motives, those differen
ces may in some cases have been productive ot
personal alienation, which led to crimination
and recrimination.
But nil these differem-t s, w hich grow out ot
conflicting opinions on public policy, in time of
high political excitcrueiii, and produce aliena
tion and estrangement, are evanescent, and soon
pass away. In the grave they are forgotten.
And when uuder Divine Providence one party
precedes the other, tor a litnc while, to that
habitation which awaits all the living, they are
never remembered and cherished by an honora
ble and generous survivor.
General Cobb w*s not only an honorable up
right ciiizen in all tne private walks ot life, Out
he was distinguished lor many noble traits ol
character and many private and social virtues.
In his death Georgia has lost one of her ablest
statesmen, the bar one ol iis brightest orna
ments; society oireot iis most cherished mem
bers; and his intelligent and amiable family,
an affect on-ite, kind, indulgent, husband, aud
parent.
But relative;, Iriends, and professional associ
ates, as well as States and naiinn^, must bow in
submission to these afflictive dispensations ot
Provideuce :u.d wo must all say reverently,
Thy wiil.be doW
It affords the Court pleasure to testify their
respect for the memory of General Cobb os a
distinguished member of this Bar, hy directing
that me preamble and re-'oittiions be entered
upon the minutes ot this Court, iu compliance
with the request therein coat-lined.
And it is so ordered.
stb-inpt to distranchise opponents that has di
vided and temporarily prostrated tbe Republi-
i-ansot Virginia, and they are blind as bat a if
they don’t sue it and govern themselves accord
ing v. Ami, it they do, they wilt soon recover
their lost asccudercy. They must uot hope to
ru'eat tln-i\|.ens. of fundamental Republican
principle.”
“— \Yt- believe we have now given all the
apace we .need to tbe late Virginia election.—
'Let us have peace ' ”
Our Weekly Local Department.
THE RESPONSE OF THE CO0RT, THKOCOH CHIEF
JUSTICE BROWN.
Genflemrn of the Bar — In behalf of the
Court,I submit the foliox-lnr reply to your Re
port and Resolutions :
General Howell Cobb wa- rt" or-J'n iry man
His name will occupy a large space iu the histo- ,
, . had taken a conspicuous part in
ryot the country and the times in winch he ; i je i|„ m /*
lived. Richly endowed by nature with intel
iectual strength, which had b-et> developed and
cultivated iu a very high, degree, lie was eminent
ly fitteu Jor the many responsible positions
which by the free suffrage of h>s countrymen he
was called to fill.' To great ability and force of
character, were added, industry aud energy,
iorming a comuiu.itiou which seldom fails to
achieve success.
General Cobb was admitted to the B o at an
early age, as s»a’ed in your report, and com
menced the active duties of life as a lawyer in
the Western Circuit, in this, bis native State.—
Wiih the advantages of a fine pereona! appear
ance, a mind remarkably active, logical, and
penetrating, aided by a liberal education ; be
rose rapidly 10 posi'ion. and distinction in his
t-rofessinn. But he was so «n c J • ! by the pc-o
pie to lay a si te io a great & a. >,re i,,s profes
sional pursuits, and to serve them, as he did
during most of the remainder of his life, in high
official positions of great importance and re-
-p.>nsibi!i;>
l.i 'he l iiu^i* -> oi the L ail
hr scfv.d during a long Jx.li •
“Olit Vlralo-ra.”
We have been requested to lav before our
readers tbe following article, headed as above,
which appeared in the New Yoik Tribune, from
the pen, evidently, of “ old Horace” himself.
The article'defines plainly tbe attitude of the
Tribune in regard to the attempt ot the extreme
Radicals North and in Virginia to lorce the test
or iron-clad oath upon the recently elected mem
bers ol the General Assembly of that State, to
which it is adverse and openly denounces, and
is oibeiw'se more conservative in its tone than,
trom its antecedents, we had reason to look for.
If Greeley, with bis Tribune, “sticks” to its po
sition, the old “Mother ol States” will soon be
come what her people have evidenced an eager
ness to become—“reconstructed” according to
the several acts of Congress therefor provided,
to the end that it may “have pence.”
The article ot the Tribune is as follows
“ Time was that when the brains were out
the man would die,” and, when an election was
over, the majority look the reins und tbe minor
ity subsided, and that was the end ot it. The
late Virginia election seems to have been con
ducted under other auspices. Though there is
uo uncertainty or dispute as to the result, the
disposition to argue and dispute seems nowise
abated; and the. uelligerents on both sides favor
the Tribune with frequent iterations of their
grievauces. The subject grows threadbare; yet
we print to-day iu juxtaposition a bulletin trom
either side, and solicit for both the earnest at
tention ot the public. The writers are men of
ability aud character, ana tLeir statements ot
facts may be relied on.”
“Let us deal first with that of Mr. Keiley,
(whom we recognize as an ex Editor, Delegate
oiect to the new Legislature, aud, as be says, a
tuosi determined “rebel ; ”) we look in vain Jor
proof of his assertion that the North, or the Re
publicans thereof, ate in'erit on keeping Vir
ginia out of the Uuiuu. The press ol this city
miy be tairly presumed to represent every con
siderable phase o! Republican sentiment, yet
uot one ol our daily journals has ever suggested
that the eleetiou ot Walker & Co., should be
overruled by Congress or any other power.—
And we know ot uo iufiueutial Republican
demonstration in favor of any such course.—
We all asc-ume that Virginia is to resume her
place iu the councils ol ihe Republic on the
terms prescribed by ( ongress a Jew months ago.
General Canby’s indication ol a purpose to im
pose the “mm-ctau” oath on tbe utwiy chosen
Legislature was never prompted by' tbe North
ern Republicans, and is generally- regretted by
iheni. Uj all who'have discussed it, at least
nine-tenths have regarded it with disfavor —
Mr. Ke-iiey, therefore, fights a phantom ol his
own creation.”
“Lei us recall attention to tbe order of
events
“1. The people <1! Virginia were invited by
Federal auuionty to hold a Constitutional Con-
vention and reconsuiict Uu ir State through its
action.'’
“2. The Conservatives (ex-R- bels) <vtempted
to cany that Convention on Uie basis ol uo
|ioli;ic.d rignis lor colored men., made a des
perate struggle, ai.d were badly beaten.”
“3. The Republicans.(mainly colored) carried
two-thirds o.f ihe Convention, and made therein
a thoroughly N .ti >nal Coiisiiiutiou, wherein
ihe equal rights ot the colored men were guar-
anieeti iu the rirotige.-t manner. It this Cou-
sMuuion does no: secure those rights, we see
i not how any one couid ”
• “4. The Convention frrrthi r proceeded to dis
j tranchise aud exclude lroiu • ib- *: all those wno
the late Re-
ell ton.
“0 Gen. Giant, on the appeal of the Con
servatives, submitted these disfranchising
clauses to separate votes from lhe residue ot the
Constitution. And, in the election just held,
the Conservatives, acting with a minority ot
the Republicans, have voted down the proscrip
tive clauses by a very large majority, and lnve
chosen their State ■ /fleers and L g'.stature, whilt
the residue 01 the Constitutiou is ratified by an
almost unanimous vote.”
“—Now, then, it stems to u- that the mnj >ri-
tv has done right in every case- right iu voting
down the conservatives when they undertook to
proscribe the blacks : riy tit m voting down that
larger section ot tne Repnbl'cans who attempt
ed to proscribe a large p<irii->u ot the whites.—
Aud we propose that the majority i-hiif rule.—
We protest against the exaction ot the Test-
Oath as meditated hy General Canity ; we want
tue leading Conservatives to take their seats in
the new f Jpaknm- v;< a- f! t*-!ity to the new
tjonsre utimi, and rantyim A ' n Amendment;
and WC W Hit th*- nbite -dills-! liter* Upon tc
represeniaiiou in C u_d.« and t.j nil ih* roll’s
ot self-government. And, hoove Hiecimfiueut,
do a very large majority of the Northern peo
ple. Then what is Mr. Keiley grumbling at r
And why dopp h** talk of tne Federal Govern-
| ment spending Frau 1 i •. drH Millions per an-
The French EMPaxiSTd Yi ir Tire.
tvd States.—It is undtrsu* d 1 hat, in the
•t Empress iugenie making the ti'str
Um
•vent
1 th
4
i * -1 -•• *, au« ura i-ui'UHUi urovhe n-U MUtV Won r-tlk as a StaieSmaD,
,a.d with harmoiii iud grandeur unpaiaflcieo ; uu . Ll . seised great cnlioiasa fea ler.
in ihe annals ot empire, l o these ends B*> mein
1 Sia-ea; where j num when, apart troui the payments ot debt,
,,t its proudest its entire outgoes m. u t i third of that sum ?
lown — Broan i country, the Navv D0-1n.rr.enl will t*e atir
me otu euttlted to an exemption ol < hy ihe commanding officer ol ti.e United t'di.i
hIic.i dodars vrniy. Bui he now claims j Squadron iu Europe iu time t-> make prepare
lioneo live hundred dolmrs outiii the j uous tor her receiitiou. The Freuch lit-* t h
l.r con'rt but ed mure than Genera! iot,ti. Hi-
: ih-Li-egiro:ouuii ku- w ledge ot coUsiitiUloual
liberty, and sound jiKfgmeuL were all mad-.
iVsiiauie in that L,t«A crisis. He was also
1 !•» ure Ex.ciuiv.- Cnair ot his -Mite, his ad-
; ■nuisifitinn • mi dMtw^tiMtfd lur •.•■niiy. hb*-r-
a.ity and a vieiiant aUeatn u tost) the duties
' imposed tifHin h.iii
member ot the permanent Coutedviate Con- l *>t the rnmn - cf General <V
•H1Q2
if he is coming back into the Union, why not
talk as though he belonged here?”
“—As to our Radical eorres|*oedent, we can't
help telling him that we think those who con
cocted and put through the prescript ve clauses
jn-t voted down are fairly responsible for much
ot the bitterness evinced iVy i(,e late Retw-ls
whereof he complains, riupposv he owned a
On ACCOUNT of the dust we are beginning to
need rain very much in our city.
Rev. Dk Waddell, Chancellor ot the Uni
versity of Mississippi, is in our city.
We learn that a cnosidt cable interest is
being manifested in a series of meetings being
held at the Third Baptist Church, North End.
There q;ere quite a number present at the
Supreme Court room on yesterday during the
delivery of the opinions.
English Pot Prs and Fish Steaks served
at tbe National Hotel Restaurant at 11 o’clock
to-day.
Tiik sales of the New York Tribune, were
near uinety for the quarter
ending June 30tii jHCJJJIW- ending March
31at. Wbyisihis^^
The Georgia Teachers’ Convention assembles
in this city to day at 11 o’clock. We learn that
important subjects will cotne up for discussion
and action.
Quite a number of teachers came in yesterday,
we give them a cordial welcome, and tender
them every courtesy from this office.
A Superintendent op Police once made
an entry in his registry, bom which tbe follow
ing is an extract :
“The prisoners set upon me, called me an ass,
a precious dolt, a scare crow, a ragmuffin and
an idiot—all of which I certify to be true.”—
Exchange.
In the Supreme Court Room on yesterday
on motion of Samuel Had, Esq., a committee
was appointed to prepare suitable resolutions
relative to the death of General Howell Cobb.
The committee appointed was Samuel Hall,
Esq., Judges Nisbet, Yason and Ezzard, aud
W. H. Hull, Esq.
•Scandal.—We understand that a gay snd
galiant man from a neighboring State has been
mak’.og a fair damsel love him, not wisely, but
two well, and that the matter is likely to come
before the courts, wbeD a rather peculiar state
of facts will be discussed, of which more anon.
Our citizens, and others visiting Atlanta*
who desire an excellent article of boots or shoes*
are referred to the advertisement of Messrs. G.
H. & A tV Force, Whitehall street.
We cordially commend .be bouse to nil, and
wish it the suo e.-a due to energy, fair dealing
and enterprise. Remember the sign of the
Big Iron Boot.
Cool Weather. - Quite a number of per'
sons areaUkj.but.iiii: the **>i weather we- have
been hating to the .,-! ; >-r But tve learn from
our exchanges, that astronomers say- that the
disco) the sun is' hugely obscured by spot a—
That at present there are two clusters ot large
spots passing toward the Western limb of the
sun.
Th-y cii.-iot prove it by us; all wc have to
say h, that eclipse, spots, or whatevir else be
tween the suu and our city, were passing off
yesterday, for the suu took a square out shine
down on our streets. Still it was cool in the
shade.
For California.—We called attention to
the card <>t B. W. Wrenn, General Ticket
Agent, and Col. K. Hulbert, Superintendent of
the Western A Atlantic Railroad, several days
ago. From the advertisement in to-day’s paper,
it will be seen that the price ot tickets from At
lanta to San Francisco has been fixed at a still
lower price. Through tickets from Atlaula to
San Francisco, via the Memphis & Charleston
Railroad, can be purchased at $158 35.
As a general thing all through thecouatry
the newspapers report btisinesss sis being very
dull. We cannot perceive that our city has any
right to complain; the time of the year, aud ail
other things considered. Our hotels appear to
be doing a good business, we notice numbers of
lawyers atlcuiliiig the Supreme Court, parties
visiting springs, aud passing through to com
mencements, have been giving them a fair cus
tom. Numb- is ol houses are going up in At
lanta, this has necessarily added to the retail
trade. The bacon, corn, tobacco, in fact flic
trade of all kind, we think, has been pretty
good, and we musst say our business meu fiud
nothing to discourage them.
The exhibition ot textile fabrics in Cincin
nati seems to have opened the eyes ot the
Northern people at the devefepment of manu
facturing in crista in the South. Wc believe
that there art some forty or more cotton mills
successfully ru ining iu Georgia. Very many at
the North, though that Southern industry, as
well as all its inanu’acturiug interests, had been
been killed oil by the results ot the war, since
they cannot realize that the South manuiactures
the beautiful checks, shirtings and sheetings
drills, colored cottons, etc., now 10 lie seen.
It only is necessary for u- to work,to develope
and Northern eyes wifi still be more opened
The plumbago, tbe marble, sl.ite, timber, soil,
yea, Georgia has much to be brought into use;
Therein no State more capable ot taking care
ot iiersell, ol living within hers-If, or of adding
to her riches and importance.
Tiure is a subject we oiteu refer to, but one
we leel, and doubtless oue all can see: the cot
ton growing around Atlanta should never be
carried to a rli-tnnce to lie manulactured. It
grows here at <>nr door; here it should be made
into cloth ; it wi.l give employment to many Of
the poor of our city, ai.d will at the same time
add to th*- wraith and prosperity of Atlanta.
U> E ef 1 u- friend** in'orrr ed n» yer erday that he saw
ihe uei MUo.it 12}j o c-ocir la.-1 night. We would like
to i-te iu+ut 12^ o'clock ai sight is too kite for one ol
ourhauiie; it meet shew it-elf sootier. Would it act
be charming, one of tnese cl -ar, bright nights to forsake
tbe e-.rta with its uaiiueee, nod man with tue selflsbness.
end go “up in a balloon hois,” and d-avo the etrenm-
ambient, making a trip “a.l among tbe iitlie stars’’-
look down bit our city ard stone Mountain, and the
country b l w us-hive a good view of the comet, and
Lave a J-»,ly rime gi-nerjb,- "saihnrs round the moon f’
lx tbe teachoraa-e.icutii m now rein? held in this city,
rhongh we * snr.o; a*.pro\e <1 the opinions of fcm^jol
uri-.g he rod r r.ecl>; jeme wc.e ed-d to ree Lhe cus-
srruetlou of echo *1 ho ire* waaparuy discuascd. We be
lie veth *t the appearauc , even 01 a school house has as
indueiice iu forming Uie charset -.r ot a bay, effects hts
disposition aud gives a detcrainat’on to hia future well
doing, Location, size, and .structure, lumiture, being
well lighted, play g onnde, free ventiilitiou, beeches
that do not a .^peud boye between hervm and iar.h, ail
ri.onrt be ihoaebt ot.
asenlote 10 Mure jheds bouses nit on a bleak hill, ins
wdderueei*, or eoiue ■ at ot tho wi> p *c -, where m-in
or beast d .var Com .* ; r u*. he loose lor comfort. Shade
trees snd green srrs-e. 80 too with boy** apd yirla, they
do not love tne Oairtii b 1!, the s nd bank, jiud the dark
hot. bclio-d bo., a- h b_..,u1 1 plan, e-of Vol an ary and
ill eriulreso.tr.rtho•■young idea.**
Bui sane other lici ive will give our opinions, on
J Tool bout*ts, ii any one- Wisbi-s to buiid by them.
Mrs*its. tVni.i_M.-s jt Fowuca sold on yesterday One-
third of cu acre on tie corner of JJcPauiel and vVhite-
batl «:eeti to Mrs. tieocria A. Parks for JSuj cash.
Toesday, August 10, 1859.
The Court met pursuant to affjeuturueut.
On motion of S. Hall, Esq., the Court ap
pointed Mr. Hall, Judge E. A. Nlkbct, Judge D
A. ^ asou. Judge Wm. EzzarJ and Mi Win
Hope Hull, a committee to report cc*uuuetni.r-i-
tive of General Howell Cobb.
This committee will report to morrow more
ing at 10 o’clock. s
Judgments of affirmances were rendered ;n
the following cases :
Steinheimer vs, Coleman; Jordan vs. Ti.e
State; Webb *fc Webb vs. Harp; Douglass vs
Thomson «fc Martin t Reese vs. Burts ; L*>vi
lace vs. Smith & Farley ; McCook vs. Couseus ,
Hawkins vs. Andrews ; and Pope vs. Garrm -I.
In the last o. these cases above enutneruti d
McCay, J. dissents.
Judgment in the case of Welchell vs. I'hom
son, was revereed on the ground that ffie Court
erred in chargitfg the jury that, wheretiiere was
a partition ot land by Commb-sioners, wliicn
was a partition of land by Commissioueis
which ba 1 not been retUTaeil, and the Jury be
lieved, the parties had under the, same, each
taken possession of the part allotted him and
made improvements thereon, that to make this
a defence to a new partition, independent and
adverse possession must have continued seven
years.
Aigument in the case of the e.tculture of
Ezekiei H. Adams vs. The Adnunisiratorot
Eliab Joues, was resumed and concluded —
Messrs. S. Hall &.B, Hill lor plaintiff in error
and Colonel L. E. Bleckley, and Judge Janus
Jackson for defendant in error.
Pending a motion to dismiss lhe case of Jan; *i
et. ai. vs. The Macon & Brunswick Railroad
Co., the Court adjourned till 10 a. m., Ui-inot-
American Hotel Bar.—Messrs. Phil. Shnn s
& Bro., have bought out A. C. Heggee. aud win
takecharge cf the ai*ove bar.
These gentlemen wul keep a good supply of
excellent wiues, liquors, and cigars, and will uo
pleased to see their friends.
Ooor«Ia Teacher»i Association.
This body met In thiB city yesterday mornin*.
grated that there was not a hrger number inatiend^u-
Teachers should be encouraged, and should encourego
each other. These men are making efforts to elevate
the profession and qualify every member of it. for lus
high vocation, the training of the im coital mlud. Cue
hope of the progress of correct principle-, and free in
stitutions greatly depend on these men of gi ted aud
cultivated minds, penetrated with a sense of the reaper
sibilities of tbe office, and veraod In tee laws by svlij, u
the formin' and expanding ohsracter is effected either
for good or evil; glvicg thomseiver to rbo work of trait-
ing the rising generation to tho kn *wlodge of the tru.n
the love of virtue, and a sense of tho d.viuity.
The teachers services are great; c .reat in doUverln--
liviag and immoital souls irom ihe dungeon of iheir
own igaorance. and crowning th m with light.
The Conveutton met at the City Hall -,t io o'clock
yesterday morning. No quorum being present, tho
body changed the object ol the meeting to an hdoca
tional Convention. KtV. H. H. Tucker, D. O , tn the
Cnair ; Professor VV M .Tsi.cs are-rat .ry.
^ comomte.-,, coojpatre o£ komUl, Alallon
and Lewis, were Ippoiafed to prepare a coustltuiiou
lor the government of the uew organ ration
During the absence of tins committee from the room,
Dr. Means, with that warmth and earnestness to charre-
teristicof bim,addressed ihe Coav.ouon.
The Georgia Te.chers’ Convention, with but few
changes, adopted the old coaaiiluticn. They dispensed
with the office of Corresponding Becretsr Three was
also a change of the Tilxeeut ye Committee, nit.Ulud the
officers of tne Association now ihe Executive Coiniuii
tee; and the meetings are to be at such times snd;! ires
us Uie ^tfiociatrOQ may agree upoou
The following gentlemen were elected officers of the
Association:
Dr. B. H. Tucker, Preildeht; Pr.,f. Leroy Broun, Vue '
President; Prof. J. M. Bonnell, Vice President; als >,
Prot G. J. Orr. Vice President; Mr. B. Mallor., of Sa
vannah,Secretary; Prof J. E. Willett, Tieasurer; Messrs
Willett, J. S. T. Hopk us auj W. A. Hemphill, Publish
ing Committee.
Regular business being in order, a report on popular
education- one, we thought, ably written, and couteinln<j
good suggestions—yvaa rcud by Prof. ii. V. Calvin oi
a ugusta.
On motion of Dr Bounell, the report was made the
special order for discussion this morning immediately sftc-i
the reading of the rntnotes.
The following resolution was offered by Fr jf. Bonnell
Tint a commitiee of live be appointed by the President
to take into consideration the expediency and practica
bility of combining the colleges and high school* of tlie
leading religious denominations in tbe State into a ha*
uionioni system with the State University, so as to secure
permanence, efficiency, ond the highest mea uro of use
fulness for each and ail, and that this Convention mako a
report at the next meeting of the Association.
'J his resolution was tabled for the present.
The following gentiemen enrolled their names r>s
members of the Arsocint ou : Hev. B. H. Tucker, Pen
deld ; Rev J. E. Willett,. PenKeld ; Rev. A. Meins, D
D., Prof. G J. Orr. Prof. John S. Hopkins, Oxford ,
Prof. J. M. Bonnneil, Prof. W. 1*. Williams, Macon ; b
Madou, Savannah 7 Macon Woitien, SanderevJle ; Joel
Mabl;, Fulton; J. F. Shecut. Midisou; M. V. Calvin,
Augusta ; G. W. Hardaway, Thompson ; W. C. Wiikes,
Vacon ; \V. W. Lumpk n, Athens; W. Bash, Barnes-
v;lle; Mark Johnson, Greensboro; J. J. Toon, Atl.auta ,
Rev. M. Mansfieit, Rev. A. G. Hsygood, Atlanta ; Rev.
Henry F. Hoyt, Rev.— I-ham. Rev. C. Ketchum Rev%
W. H. Ntri- kl *• d, E G. Moon, M. Johnson, c. A. Ken
drick, A. R Wataon,- W. M. Bray, o, K. Mitcneii,
W. A. II raphill, W. M. J rues, J. T. Lump tin, D. W.
Lewis, Attinta
Ou motion, tbe Ass->ciat : cn adionrned uutil 3 o’tl rek,
p m.
Afternoon, Zy. o'clock.
The Convent’on ro< t at the alrevc hone.
Mii.uue read and approved.
Dr. Stout was e! xte-l a member at the Assoditioi’.
A letter was re'.d bv the S* cretary from FTi Tensor W.
kuthetford, of the University of Georgia, re'ativc lo
the exam nitlon of some mathesi.tit ca! worts.
On m **i n of W. W. Lumpkin. Merer- Orr, Hr.tceT-
ford -ml R (hard 011 wcie appointed a committee to re
port to the next tncetiuj on ni iihrenjt ; Ci! works.
Pref a-sor J. jS Wtiiett rnnraiiifd a re;>or6 on Text
book-, or m1cr.1I scienrss
The r. p.*rt was ref nr d 10 a specia' com -nii *. e, to re
port to-morrow morn ng. Th. ci*iij-nittc*; appotn cd
were Messrs Orr Kray, m d J-»hns<*n, Nr.
Mr. Win. A. Mausdcid made a very interesting rtito-
ment relitive to ui- • xperrence aad succrvsic t
a public scdo> i or fh s poor wii-.ie chi’d.-'cu.
Tne President stated taatthe tieutVai kiliroad vr u'd
pass members from ibe A*-nc ati >n lieu.
C. J. Wood ury uliu O. Roifaw.-’i x -re propo- d . ■
members. Motion c-irrc d.
Professor i'onnod m ,ved to take up ... r. - > . : .r, i,
troduced by lie at tbe morui* g sc-s op, a ; .;. >iutii.g a
committee of tlve to consider the proeticabll.ty and ex
pediency of chihbuif g trio CiJfcgos au-a Riga -inool of
aJ the religions deuominationslu a bamuuiutu sysieni
with the Sra'e L’nivertUy, to re-cure lhe prec.aure c ,.
effld"ncy and the ulgbett measure of uieiume, - .*< 1 c iu
and ai<. Aftara discussion ol the lesolatfon it wwi
passed.
Professor Ori m--v'-d th ta committee oi thr.-e ta ap
pointed to report on th.. b sc piau to educate *ae ma-ces
in tha State, white a* d b.acic, and repo 11-> *he L*-g;*!.;-
1 ure at Us next ees-h u ana urge lu sdopii >u. Luidoa
the tabl-s for the pi e •< n .
Messrs. St^ur, Hiyg od. W W. Lumpkin. J b..-o- ,
and Bonne i wore appointed the committee n Prof.
Bonn ell's resoiuiio *.
Mr. VT. U. Wilkes l-nrodBC-d a resolution that a r.-u-
mRteeof live be sppoimed 11 reportaume 1 Lu *o> ma n.g
this organization more edieieat. and 10 euiarec H> i.-rfal
new.
The commi tee appointed seroMesrrs Wilkes, I .
Wood. Ish&m. and Kemiriek.
Professor Orr, moved ure a committee cf thro.- be .p
painted to angges- subjects on irfikn report* shah be ti-lo
si tbe next meeting of this body.
Commitiee appointed were Messrs. Orr, floyt a,d
Wortfeea.
Hon. U. W. Lewis proposed that for Ihe purj. ire ot
aiding tbe committee in subjects on which td make iepuru
at the naxt meeting of this »s«c iation, that the meubeia
present spend hour or two iu giving their views and en,_ -
geating subjects.
Mr. Lewie’ preposition being cairied, some v-.t; i,are-
eating remarks were made by quite a number of the.iarea
bars present.
On motion of Mr. William j, tbe Coiiventi-od adpuraad
oatU 9 o'clock this morning.