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(flmmiclc A- fnitiucL
f.WEDNKSDAI M OK'ING, JA M ART 2.
Supreme lourt Decisions.
AA r e publish to-day a full and correct
report of the decisions of the Supreme
Court, made at this Term, so far as they
hare been delivered. These cases have
]>een prepared specially for the Chronicle &
' Sentinel by the able and efficient reporter
of the Court, Colonel Bleckley, and they
may therefore be relied upon as being
strictly correct.
We shall continue to receive the deci
sions as soon as they are delivered, and
will iay them before our readers immedi
ately thereafter. We intend that these
reports shall be entirely and minutely cor
rect—that they may be used by the profes
sion in perfect confidence of their reliabili
ty.
The Street Railway.
Wc learn that at a meeting of the Direc
tors of this Company, it was decided to
seek sob seditions to the stock from parties
out of the city.
The Directors were desirous that all the
stock should be taken at home, and have
not opened books of subscription abroad in
the hope that our people would be able to
take all the stock offered. The great pres
sure in the money market here, caused by
the almost total failure of the crops, has
prevented the amount of subscriptions be
ing made that is necessary to build the
road, lienee, M has been determined, and
we think wiselyf to offer the stock in the
Northern and Western cities, and we hope
to be able in a few weeks to announce that
the building of the road is placed beyond
doubt.
We believe that there are many of our
citizens able to subscribe to a few shares of
this stock, and we respectfully urge upon
them the propriety of doing so at once.
We believe that the stock will pay, and we
therefore desire to see our own people
benefited by it.
The liooks of subscription are still open
at the offiee of the Georgia Railroad, and
those who wish to make a safe and good
investment should call at once and have
their names entered upon the books.
The Next President.
The New York Herald, in a long article
in its issue of the 22d inst., suggests to the
Democratic party the policy of taking up
cither Genera! McClellan, General Sher
man or General Thomas as their candidate
for the next Presidency.
The Herald advises the Democracy to
run Thomas, because “ he has the singular
merit of never losing a battle and never
making a mistake from the beginning to
the end of the war.” This is a wonderful
statement, even for the ! braid, which
everybody knows is in the habit of draw
ing very largely upon imagination for its
facts. Wo think that General Thomas
himself, a vain and conceited officer, will
lie astonished to find that there is any
where in this whole country so egregious a
fool as to declare that he had ,l never made
a mistake.”
The Ih mid makes one other statement
which we desire to protest against. It
says that “Thomas, being a Southern man
and Union soldier, too, his name would be
hailed as a bond of Union in both sections.”
We cannot say what the ‘feeling North
may be, hut we are very sure that the
reasons given by the Herald why he
should he popular in “ both sections” are
Wmch as to make General Thomas the least
acceptable of the three named, to the great
mass of the Southern voters. For our
selves wc hesitate net to say that there are
very few Northern Generals we would not
prefer to General Thomas. We might
prefer him to Butler, Banks, Turchin or
Milroy, hut of the more respectable class
of Union soldiers and officers ho is cer
tainly the least acceptable to us.
However, wo feel very little interest in
the matter, and would not have referred to
it, hut that our silence might he construed
into an approval of the suggestion.
The Soulli--Her Position and Duty.
Notwithstanding that Governor Patton
of Alabama, advises the people of that
Ftato to ratify the Amendments, and the
lion. Joseph Segar reports at Washing
ton that the Virginia Legislature would
unhesitatingly accept and adopt them,
provided satisfactory assurances were given
that her Representatives would thereupon
be admitted to seats in Congress, there
is a degree of unanimity in opposition to
this question throughout the South which
is patent and unmistakable. All the fiery
and revengeful threats of the ultra-Radical
leaders as to the fate of the late seceded
States in case their “wise, liberal and
just” measures are finally rejected, have
failed as yet to produce any other feeling
amongst us but that of calm and dignified
submission to such results as may be in
store for us from the revolutionists now in
power at Washington.
Even in Alabama, with the special mes
sage of the Governor urging the acceptance
of the proposed Amendments the vote in
both houses of the Legislature was nearly
unanimous against the proposition. There
is not a single respectable journal in the
South which advocates the adoption of
these amendments. There is not, so far
as we are advised, throughout the length
and breath of this Southern land, a single
man of prominence or respectability either
before or since the war, who advises their
adoption with the exception of Governor
I‘atton, and he does so solely upon the
ground that it would be better for the
Southern States to accede to the'demands
of the Radical majority, rather than hazard
the enactment of more degrading and
lmmiltffing measures.
The statement of Col. Segar as to the
feeling of the people of Virginia is in
dignantly denied by the press oftliat State.
Col. S. although a resident of \ irginia at
the time of secession and perhaps tor
several years before, is not a Southern man
either by birth, education or feeling. At
the breaking out of the war, he took sides
with the Federal Government iu opposition
to the State of his adoption, and we do not
believe that his feelings and views are now
in unison with the large majority of the
people of Virginia. He is reported to
have said in Washington last week :
“The Virginians are willing to forego
their objections to the disfranchisement of
tiieir citizens who have participated in the
rebellion, and also to give suffrage to the
negroes. Those propositions they were
unwilling to iteeept two week* ago- They
believe that the Southern Legislatures that
have already taken action and rejected the
amendments would reverse their proceed
ings and follow Virginia in the course
above indicated, it' Congress will give the
desired assurance.”
The statement here made of the position
of the Virginians wo have the best reasons
for believing is not true. The other im
portant statement, that the Southern
Legislatures would reverse their action
rejecting the amendments in case the \ ir
ginia Legislature should ratify them, is,
in our opinion, equally untrue.
We have scon nothing within the last
few weeks to warrant the belief that the
sentiment of the Southern people upon
this question has undergone the slightest
change. The Radical threat of “Ter
ritorializiug" the Southern States we re
gard with supreme indifference. When
this monstrous proposition was first sug
gested a few months since, it produced
among a few ot our people a feeling some
what akin to despondency and despair for
the future. A fair and calm investigation
of the probable results of the passage of
such enactments, has convinced us that
the people of the North would suffer quite
as much from the “Territorial"' plan as
we of the South.
The more intelligent and astute of the
Radical leaders have only used this “Ter
ritorial'’ threat with a view to frighten the
South into an acceptance of the amend
ments. They begin to see that their
object has failed, and hence we find con
stantly increasing symptoms of the aban
donment of this pet idea of Forney and
Stevens. Even the New York Herald,
which has been the most boisterous and
blatant advocate of this measure, has come
to the conclusion that the Territorial plan
won’t work, and advises the Rump to Jet
the South atone. Commenting upon the
unanimous refusal of the Southern Suites
to ratify the proposed amendments. It j
says*
“What, then, can we do with Uto-so P e °- j
plo? They rebelled against theX’onstitu- !
tion, they appealed to the sword, they have |
been defeated and disarmed, and now they ;
fall back upon their constitutional rights :
as they were before the war. Taking the j
hint from Pmdilaot .Johnson's greatest j
mistake, they demand these constituuqsal ;
rights in their restoration Just ;
stand. They may lx- taken in hand irorn
the Potomac to the Rio Grande, as the peo
pie of a great unorganized territory, and
cut up and recast into new t*n|prial
divisions ; but this will be a troublesome
and costly process. We may establish the
i constitutional amendment by tlupee-fourths
of the loyal States, and then recognize
territorially each of the outside States on
this basis; but we shall gain little time by
this plan. The only course, remaining,
then, is to let these outside States alone,
only interfering to prevent their whites
and biacke from cutting each others’
throats,land so give them as much time for
reflection as they may require. After being
two or three years out in the cold, or five,
tenor twenty, reason and common sense
may prevail among them, and they may
come in on the terms of the amendment.
If there is no hope in the present South
ern generation we can wait for the next.
By that time there will be Northern leaven
among them sufficient to leaven the whole
lump. Tiinp and emigration will settle
the question.”
Well, the South ia content to be led
alone. We have been so long “out in the
cold’ ’ that wc are beginning to get accus
tomed to it. We have no objections to the
Radicals waiting lor the present Southern
generation to pass away, only that we don't
think the Northern people will like this ar
rangement. The Northern «nd Western
States are deeply interested in the speedy
and just settlement of the questions which
now prevent the resuscitation of Southern
labor and the revival of Southern industry
and trade. The great industrial interests
of all sections of this great country are
languishing and suffering now on account
of the uncertain and unsatisfactory con
dition of our national affairs. The South
needs the capital and enterprizc of the
North to enable us to build up our waste
j places and repair our fallen fortunes. The
North needs the rich and remuner
ative trade of the South to sftstain her
great manufacturing and commercial inter
ests.
There is no section of the country whose
interests are not now impcrril!c4 by the
action ofthe present Rump Congress. The
people of the South are anxious to return
to their ancient relations to the Federal
Government, and are willing to make and
have made many sacrifices of feeling and
interest to secure such results. But we
cannot by the adoption of the proposed
amendments endorse our own shame and
dishonor.
We know that the disolution of our
present State Governments by the arbitrary
power of Congress will lead'to untold trials
and difficulties. Yet a sense of duty to
ourselves and to our posterity requires
that we should accept these results if the
Radicals persevere Ih their threats to tear
down our social and municipal system, and
erect thereon an irresponsible and uncon
stitutional form of Government, subject
alone to the whim and caprice of the party
in power. While we admit this, we go
further and state our belief that the sober,
second thought, even of this Radical Con
gross will yet assert itself and bring the
two sections of this once glorious and
happy country into close and friendly
communion, and restore to the South the
rights and privileges now so unjustly with
held.
Tliad Stevens’ Plan for Reconstruction.
We give below the bill which was in
troduced last session of Congress by Thad
Stevens, for the re-organization of the
Southern States, with the amendments
which ho has added to it during the pre
sent session.
It will be seen to he thoroughly Radical
and destructive in all its provisions. The
sections regulating the qualification for
voters, excludes the great body of the white
people living in the South and gives the
control of the elections to commissioners
elected by Congress.
We do not believe that this iniquitous
and suicidal measure can be passed even
by this Radical Rump Congress. The
chances of its passage by the next Con
gress are less in our judgment than at pres
ent. We publish the bill merely as a
matter of curious information for our
readers:
A bill to enable tho States lately In re
bellion to regain their privileges in the
Union.
Whereas, The oleven States, which late
ly formed tho Government called the
“Confederate States of America,” havo
forfeited all their rights under the Consti
tution, and can be reinstated in the same
only through the action of Congress; there
fore.
Lie it enacted by the Senate and House of
Representatives of the United States oj
A inerica in Congress assembled , That the
eleven States lately in rebellion, except
Tennessee, may form valid State Govern
ments intho following manner.
•Section 2. And be it further enacted,
That the State Government now existing
de facto, though illegally formed in the
midst of martial law, and in many in
stances the constitutions were adopted un
der duress, and not submitted to the rati
ficationof the people, and therefore aro not
to be treated as free republics, yet they are
hereby acknowledged as valid govern
ments, for municipal purposes until the
samesludl be duly altered, and their Leg
islative and executive otlicors shall be re
cognized as such.
See. 3. And be it further enacted, That
the ten States which were lately in rebel
lion, and have been admitted to represen
tation in Congress, shall hold elections on
the first Tuesday of May, 1867, to choose
delegates to a convention to form a State
Government. Tho Convention shall con
sist of the same number of members as the
most numerous branch of the Legislature
of said State before the rebellion. It shall
meet at the former capital of said State on
the first Monday of J une of said year, at
12 o’clock, noon, with power to adjourn
from time to time, and shall proceed to
form a State Constitution, which shall bo
direct, and if ratified bv a majority of
legal votes shall be declared the Constitu
tion of the State. Congress shall electa
Commission for each of said States, to con
sist of three persons, who shall selector
direct the mode of selecting the election
officers for the several election districts,
which districts shall be the same as before
the rebellion, unless allotted by said
Commission. The officers shall consist
of one judge and two inspectors
ot elections and two clerks. Tho
said officers, together with all the ex
penses of the election, shall be paid by the
United States, and said expenses shall be
repaid by said State or Territory. Each of
said officers shall receive So per day for the
time actually employed. Each of the
members of said Commission shall receive
83.000 per annum, and their clerk 82,000.
The Commission shall procure all the ne
cessary books, stationery and boxes, and
to make all regulations to effect the objects
of this act The President of tho United
States and the military commander of the
district shall lurnish so much military aid
as the said Commissioners shall deem no
eessary to protect the polls and keep the
peace at each of the election districts. If,
by any means, no elections should be held
in any of said late States on the day herein
fixed! then said election shall be held on
the' third Monday of Mav, 1867, in the
manner herein prescribed. Returns of all
such elections shall be made to the said
•Commissioners, whose certificates of elec
tion shall be prima facie evidence of the
fact.
See. 4. -lad be it fart Iter enacted, That
persons who shall he entitled to vote at both
of said elections shall be as follows: All
mate citizens above the age of 21 years,
who have resided one year in said State and
10 days within the election district.
See*. 5. A >id be it further enacted. That
the word citizen, as used in this act, shall
be construed to mean all persons (except
Indians not taxed) born in the United
States, or duly naturalized. Any male
citizen above the age of 21 years shall be
competent to be elected to act as delegate to
said convention.
See. 6. And be it further enacted, That all
persons who on the Itli day of March, 1861,
were of full age. who held office, either civil
or military, under the government called
the “Confederate States of America.” or
who voluntarily swore allegiance to
said government! are hereby declared to
have forfeited their citizenship and to have
renounced allegiance to the United States,
and shall not be entitled to the elective
franchise or hold office until five years
after they shall have filed their intention
or desire" to be reinvested with tho right of
citizenship, and shall swear allegiance
to the United States and renounce allegi
ance to all other governments or pretended
governments : the said application to be
filed and oath taken in the same courts
that by law are authorized to naturalize
foreigners. Provided, however, that on
taking the following oath the party, being
otherwise qualified, shall be allowed to
vote and hold offiee.
“I, A. 8., no solemnly swear, on the
Holy Evanglists of Almighty God. that on
the 4th day of March, 1864, and at all times
thereafter. I would, willingly have com
plied with the requirements of the Procla
mation of the President of the United)
States, issued on the Bth day of December,
1863, had a safe opportunity of so doing |
been allowed ; and that on the said 4th of I
March, 1564, and all times thereafter, I
was opposed to the eontinnance of the re
bellion, and to the establishment of the
so-called Confederate Government, and
voluntarily gave no aid and comfort
thereto, but earnestly desired the su. • --
of the Union aud the suppression of all
armed resistance to the Government of the
United Slates; and that I wifi henceforth
faithfully support the Constitution of the
1 nitea states and the Union of Uie Stai-s
thereunder.”
Sec. 7. And be it further enacted. That '
no constitution shall be presented to or
acted on by Congress which denies to anv
citizen any rights, privileges or immuni
ties which are granted to any other citizen
in the State. All laws shall be impartial i
without regaru to Language, race or former j
condition. If the provisions of this section ;
should ever 1 e altered, repealed,expunged, 1
or in any way abrogated, this act shall be- I
come void and said State lose its rights to
be represented in Congress.
See. 8. And be it further enacted, That
whenever the foregoing conditions shall
b@ complied with, the citizens of said
Mate may present said constitution to .
Congress, and if the same shall be approv-1
ed by Congress, said State shall be declar
ed entitled to the rights, privileges and im
munities, and be subject to all the obliga
tions and liabilities of a State within the
l. nion. No Senator or Representative
shall be admitted into either House of Con
gress until. Congress shall have declared
the State entitled thereto.
Change or the Superior Courts In this
District.
We give below the Bill passed by the
last Legislature, changing the time of hold
ing the Superior Courts in this and
Emanuel counties.. No other changes
were made in the Courts of the fiddle
District except in the two counties named.
It will be remembered that we have an
adjourned term of the Superior Court here
on the first Monday in January whichrwiil
be Monday week, and the regular term
will follow on the next week:
AX ACT.
To change the time for holding the gupe- ‘
rior Courts of the Counties of Richmond
and Emanuel, and for other purposes.
Sec. 1. The Uenerai Assembly of the -
State of Georgia do enact, That from and
after the passage of this act the time of i
holding the Superior Courts of the county j
of Richmond shall be on the second Monday
in January and June of each year, instead of i
the second Monday in April and October, !
as was required by law.
Sec. 2. That all suits and processes re- ;
turnsole to the April term, eighteen bun- !
dred and sixty-seven of said Court shall be |
taken up and considered as returnable to
the January term of the same year. And
the Justices of the Superior Court for said
county are authorized and required to draw
two pannels of Grand and Petit Jurors,
one of each to serve the second week, and
the other the third w-eek of the next Janua
ry term of said Court.
Sec. 3. And be it further enacted, That
the times of holding the Superior Courts in
Emanuel county be changed from the first
Mondays in April and October to thosecond
Mondays in April and October, and that
all suits, writs and processes returned to
said Court at said terms be considered ,os
returned to said terms, to wit: the second
Mondays in April and October, and legally
tried and acted on as though returned to
said terms to which the same is charmed.
Sec. J. Repeals conflicting laws.
Trios. Ha p.n cm an, Jr.,
Speaker of House of Rep.
J. D. Waddell,
Clerk House Rep.
Wm. Gibson,
President of Senate.
John B. Weems,
Secretary of Seriate.
Assented to 18th December, 18G0.
CHARLES J. JENKINS,
Governor.
The Radical Babel.
There is confusion in the councils of
Radicalism. The firm stand of the South
ern States against the constiutional amend
meat, has put the leaders to their wit’s
ends. The Reconstruction Committee
labored six months, and produced an abor
tion that cannot command the consent of
the requisite number of States, nor receive
the approval of all the party in whose in
terest it was proposed. Some contend
that it falls short of that perfect puritan
ideal, which it is the chosen mission of the
dominant party to frame ; and they ex
press themselves as indifferent to its fate.
Sumner and his followers hold, that the
ratification by any one of the now ex
cluded States, or by a sufficient number of
all the States to make it part of the con
stitution, does not obligate Congress to ad
mit an old State at present under the ban,
or territories like Nesbraskaand Colorado,
applying for erection into States. Some
maintain ’that the Southern States
have no power to pass upon it ;
and that three-fourths of .the “loyal”
States are competent to make it the
law of the land. Others deny this.
Some to escape the dilemma, advocate the
abolition ofthe present State governments,
and their reduction to a territorial condi
tion. The scheme is studded thick with
difficulties, and will raise a fresh_ crop of
trouble if ventured upon. Some favor the
scheme concocted by the North Carolina
doughfaces, and patronized by Stevens.
Others reject it on various grounds. Some
have resorted to entreaty on behalf of the
amendment. Others threaten ; and say
that if the States persist in refusing to ac
cept it, they will send athwart the South
ern sky a baleful comet “from whose hor
rid hair” shall shake woes neveryet dream
ed of. In the mad attempt to build a
party they are smitten with a confusion of
language. They agree only to hate the
President and to hate tho Southern people
and ever man and thing, North.or South,
that presents an obstacle to their wishes.
They are destitute of principles ; they are
deficient in true statesmanship ; they are
drifting at the mercy of every wind of
doctrine. They are formidable in num
bers, and as yet, obedient to party drill ;
but there is no compact, coherent organi
zation among them. Dissolution threatens
the party at every strait, and difficulties
are daily multiplying around if. The hope
ofthe nation is in its death. It will pro
bably live long enough to do much mischief
yet, but the ruin it works to the country
is as surely working its own ruin. These
notes give us cheer amid the tiiick gloom.
A party whose creed is composed only of
malignity and cupidity cannot Survive.
In addition to this fundamental source
of weakness, and this inability to frame any
system of measuies practicable in them
selves, or acceptable to the mass of its
members, it is beginning to feel the effects
of the jostling ambition of ijs leaders. As
the Presidential election approaches this
will have more serious effects. The per
petual Congress which is proposed will
brood fresh perplexities of this sort. Every
day and night will bring forth complica
tions and rival aspirations for influence and
place. Chase has a clique, so have
Wade, Sumner, Stevens, Colfax, But
ler and others of less note. Loosely
joined, and of unsound timber, it j
cannot sustain such a pressure. It
seems now omniponent, hut its apparent
strength is real weakness. Before it shall
have utterly destroyed the country, cer
tainly before it can restore it, 'for that it
will never do, it will disintegrate und
dwindle into a mere faction. No scheme ;
can he devised to save it. Neither consti- |
tutional amendments, stringent test oaths, j
alterations in the basis of suffrage, juggling
amnesties under conditions, nor any other
contrivance, can lerg avert the doom of a
party which wages constant war against
the essential principles of tho government,
and has no elements of life except the lust
of its leaders and the ignorance and preju
dice of its masses.
Let the Conservative people North,
and South, bide their time. Radicalism is ]
rotten-ripe.— Nashville Union and Dis- j
patch.
Failure of Representsve Governments.
| The London Times, of tlie sth instant,
alleges that the most cursory examination \
j of the. electorial returns will prove the j
truth of the statement that tho representa- j
j tive machinery of the United States does
not turn out representative bodies. It is
! only in the Middle States of Pennsylvania
! and New York that representatives are j
chosen corresponding in any degree to the
i diversity of opinion of their inhabitants.
The Times proceeds to argue that the first
’ civil consequence of such a faulty repre
j -eniative organization is the destruction of
| individual character and independent
opinion, and concludes as follows :
“1 here is another consequence of what
: wc are warranted in calling the failure of
the representative machinery of the Union,
which is just now of immediate practical
importance. As the whole party on one
side or the other moves together, and there
are no men of .independent position to ex
ercise a disturbing judgment of their own.
the complete power of legislation is thrown
into the hands of'a seeret committee or
‘ ‘caucus’ ’of the dominant party. Directly
the elections are over,, and the balance of
strength is known, the action of the
"caucus" begins. The select council, un
known to the constitution, determines what
shall and what shall not be done; brings
in its proposals, and if there appears a
likelihood that they will be seriously dis
cussed—which rarely happens —it can, ami
does, suppress the discussion by means of
“the previous question.” In Congress, :
this means the question whether a i
vote shall be taken without fur- ]
ther deliberation, and by it the j
majority simply puts an end to the pre- I
fence of deliberation. This is the danger
of the present hour, Congress meets this
week,* and the question of mitigating or j
intensifying the terms of the constitutional :
amendment will probably be mooted. Till t
an irresponsible and secret council comes
to a conclusion on the subject, no one in :
Congress can guess, much less know, what
will be done. In theory the legislative
government of the Union is conducted by '
a representive assembly, sitting in open ,
council in the presence of the people; in '
practice, it is managed by an unseen j
power, issuing edicts which must be re- j
ceivod with unquestioning obedience. The .
possibility of restoring the L nion in its
integrity is thus indefinitely endangered, i
and the uneasiness of public feeling pro
portionately prolonged: and this is only
oik? and a passing instance out oi the many
evils which the federation permanently
suffers from having adopted a representa- j
ure machinery which fails, and necessarily ,
fails, to secure representative government.
A freedwoman. the mother of some eight
or ten children, had a breach of promise
case filed in the District Court of Austin a
it w days since. She complains that one
Spenevr. a pondrous speciman ot the image
in ebony, has t rifled witb her affections to
the tune of $3,000.
018 WASHINGTON CORRESPONDENCE. '
——
Congress A\< ay — Steven* Rcmams at Uorfc
—How to Reduce the States to Territories —
No Executive Appointments—The Con
tract for Indian Wires—The Supreme
Court—Decision on Military Commissions
—President Johnson will be Guided
Thereby—Con ■Tress MAmputating the Dis
trict of. Columbia—The Select Committee
on free School* — Pardons —The Demo
cratic Party—Financial Matters—Con
gressmen at the Departments, but not at
the White House—The Female Clerics
Restored to Happiness, etc., etc. «
Washington. December 22.
Congress has adjourned over for the
holidays in accordance with the usual cus
tom, and more than a quorum of its mem
bers have taken their departure from
Washington. Some of them have left for
their homes in the North, to pass the
j recess with their families and among their
I Radical constituents, and quite a number
1 of them, including many of the most yio
: lent Jacobin extremists, have availed
i themselves of an opportunity offered to
visit some of tho principal cities of the
i South, and left yesterday morning on a
; tour over the Southern railroads, from
\ which it may be devoutly hoped they will
derive much benefit to their political
, health, and as they wifi all present living
contradictions to the oft-repeated tales of
Southern cruelty to human men, it ought
to produce a good effect on the members of
: their party, who declined to accompany
them on their hazardous (?) journey.
Thadf Stevens remains, however, with his
hands and head both full of plans and
schemes for manipulation in the notorious
Joint Committee on Reconstruction. —
While his f olicsome friends are away
traveling, dead-head, over the Southern
railroads, Stevens is manceuvcring toinake
ten territories out of that number of States,
and-hopes, by dint" of perseverance and
good management, to get a bill for that
purpose through the House shortly after
Congress re assembles. Ihe vexed ques
tion, with that worthy and his partisan
friends, seems at present to be_ whether
they should accomplish the trifling object
by destroying all the State organizations
at once, or whether it is not best to confer
freely with the motley crowd of Southern
loyalists—who have not left Washington—
and bring about this end singly, as they
proposed to do in the case of Aorth Ca. j
lina "nd T-mffffana. I bill to reorganize
the ~ y.e La- ■
sent
Com vs. stid ’ • v )U. ’v
the
Sen: ri.. .
Sout' .. -c,.: :• s -arce
arou • ■ he f.i cht ' ha
been. :entioned ere f:
Sumner has taken charge of Virginia on
the strength of a petition from some un
known parties in Norfolk, and to him will
probably the task be assigned of introduc
ing a bill for the “ Mother of Presidents.”
It is a mooted question, however, even
among the Radicals, as to the propriety of
reducing States to Territories which never
were Territories—those who come in as
members of the original thirteen. This
vexed question will require much Radical
skill to unravel it; but Stevens, with his
Committee, will endeavor hard to find a
remedy. In tho meantime the Senate will
leave most of this business to the House,
and very many doubts are expressed, on
good grounds, that there will be more talk
on this subject than action, as there has
been, and still is, on the topic of impeach
ing the President.
Few or no Executive appointments are
now being made, and as the knowledge of
this is quite generally known among these
office-seekers, who are constantly on the
qui vive to importune the President, he
is very much reclieved from the constant
siege under which ho existed during the
recess. It is certain that the Senate would
not confirm any appointments.made now ;
because the President will not make any to
suit the vievifbf Congress, although he did,
during the last sesssion, make one oi Thad.
Stevens constituents a Postmaster some
where in Pennsylvania upon the recom
mendation of the radical war-horse. The
only Executive session at which any ap
pointments were confirmed, was on Thurs
day, and tho budget included, with one
exception, all naval officers ranging from
a rear admiral to one grade above mid
shipman. _ .
There is extensive grumbling among the
disappointed bidders for the contract to
furnish goods to the Indians, which was
awarded in the early part of this week,
and many charges of unfairness are made.
Congress thinks here is an opportunity for
investigating the conduct of two of Presi
dent Johnson’s appointments—the Secre
tary of the Interior, and Mr. Bogg, the
Commissioner of Indian affairs —and is
accordingly at work on the subject. _ The
affair is attended with considerable inter
est here, as it is looked upon as more par
tisan than otherwise in its character.
The Radicals are rather chagrined at the
decision of the Supreme Court in the case
of the Military Commissions, and some of
them are disposed to cry out aloud about
what they consider a very bad opinion of
the Judges. The Chronicle with impu
dent boldness persists in its disregard for
thatdiseision, and in so doing is the organ of
several anti-conservative members of Con
gress. The President has determined to
abide by that decision, and will not allow
further trials before Courts of this nature.
There are other matters concocted and set
into operation bv Radical caucuses which
are yet to come before the Supreme Court,
and there is not the slightest doubt that if
the cherished Jaeobin scheme of reducing
ten States into so many territories is made
a law as far as Congress lias the power,
the President on the authority of the Su
preme Court will declare it null. But as
Congress has not yet accomplished that, its
consideration can well stand over for a
while.
The District of Columbia is likely to get
quite enough of this Congress before its
adjournment, as all legislation connected
with its interest is conducted solely and
exclusively on the pet theme of Jacobin
ism that there should be no distinction in
race or color —emphasis on the color —in
the dispensation of the various benefits
which are laid on the metropolis. If Thad.
Stevens, in the House, and the astute and
classical Sumner iu the Senate, stop
short of anything providing for less than
thorough amalgamation for the unfortu
nate denizens of this locality, ’twill prove
a wonder, and a consummation most de
voutly to be hoped. It is seriously pro
posed now, (and there are no reasons to
doubt that the proposition will not be car
ried into practical operation) to associate
the white and colored children together in
the public schools, after the fashion of
Massachusetts, only here the practice will
he more abominable. A select free school
committee, to accomplish this design, has
already been appointed, with Stevens as
chairman. Boutwel! and Ashley, two
specimens of radicalism entirely after
Stevens’ own heart, are associates with
him in this business. Mr. Hubbell of New
York, is the only Democrat on the commit
tee, and ho is placed last on the list, and
can have just about as much to say in the
way of protest and argument as a poor boy
at a fair. What that select seven (or six,
leaving out Mr. Hubbell) will not do in be
half of the benighted contraband children
in the District of Cglunlbia, need be under
taken by no other concern. It would be
found impossible.
Pardons come now like angels visits, or
honest men to Congress—very few at a
time. The President is resting very quiet
ly on his oars in this as in the matter of ;
appointments and some others. Those I
granted now are very nearly all upon the
suggestion and application of prominent
military and naval officials, cr through the j
efforts.of prominent members of Congress.
It is not probable that the volume of j
national currency will be increased, although
there is a portion of the radicals (mostly
j those from the West) who are loud in their
; demands for expansion. Much of this
desire seems to be for the purpose of prov
| mg the incapacity of Mr. McCulloch, who
!is a strong advocate for contraction. It is
not yet known what the Banking Commit
! tee will propose. Several national banks
organized during the recess of Congress
1 were refused circulation on account of no
; provision being made by Congress.
A number of leading members of the
; Democratic party have been in conference
j here and elsewhere for some days past, and
there exists a strong determination to com
j plete the reorganization of that party aside
; from any of the new issues of the_ present,
l excepting such as must he recognized. It
will, probably, not be far from this date
when an address on the subject will be
- issued. It will not be to fight the next
Presidential campaign on what is called the
Conservative Republican oasis. The engin
eering of Mr. Raymond and some others
has told a sorrowful tale for that mild
degree of Radicalism.
The receipts at the office of
Revenue to-day amounted to little le-.-
than a half million, which is considerably
below the average receipts for some weeks
past, and is undoubtedly the result of a
falling off in many branches of trade
generally noticeable in this particular
period of the holiday season. Fractional
currency was forwarded from the Treasury
Department to the Assistant Treasurer at
New Orleans to the amount of fifty thou
sand dollars.
Senators and members of the House
appear very often at the different depart
ments to engage in the transaction of busi
ness for themselves and their constituent.-:
but it js a verv rare thing to find one oi
the radical stripe at the Executive Man
sion. The quarrel, for such it is, between
the President and Congress ;s deep rooted
and will be lasting. He hears himself
daily reviled end abused by the leading
spirits to which their crowd echoes back
applause, and cannot be induced to believe
that it is all friendly criticism. _ The Pres:- ■
dent's friends are all/ar out of the range of
the radical party, and to them he will
look for support when it is needed.
The temale clerks have had their nerves
quieted on the- subject of their removal
from office. Secretary McCulloch, and
any number of Congressmen have assured
them that they are pot to be turned out in ]
the cold this winter. The ’announcement
that the ladies .were in danger of being j
capitated brought firth a multitude of,
published letters purporting to come from ,
soldiers widows orphans, sisters and other
female relatives of deceased hoys in blue,
protesting against the heartless proposi
tion. Assistant Secretary Chandler, who
was in reality the author of the startling
paragraph (which was publishes to shield
him from constant female importunities
for positiop.) is now the theme of much
female clerical indignation, for ever having
suppose*], their presence could be dispensed
with. I B the meanwhile the soldiers
widows, asters, daughters and descendants
generally pursue their daily avocation of
counting mutilated currency and Cutting
notes just as if nothing had ever happened
to mar their delightful equanimity.
The propositions to reorganize the State
of Maryland which will be made in the
House through one of her Representatives,
(if he can be called a Representative of
Maryland) , Mr. Francis Thomas, is an
| evidence ofthe insanity of Radicalism. It
j is just as seriously intended to upset the
i present State organization of Maryland as
[ it is to interfere with Georgia or South
j Carolina. The next order will be to take
i charge of Kentucky. The Jacobins are
: rapidly running out the entire length of the
! line they hold, and before the season is
over will, no doubt, most effectually hang
themselves.
It is understood that the Commissioners
from the United States to the Paris Expo
sition of 1867 will use their best endeavors
to secure an uniform coin standard for
France, England and this country.
Although Congress meets again on
Thursday"the 3d of January, there will be
no legislation but they will adjourn until
the following Monday when the real
work of the session begins.
Arlington.
The Late Bishop Elliott.
Bishop Elliott was a native, if we mis
take not, of Beaufort, South Carolina, and
was about sixty-two years of age at the
time of his death. His scholastic educa
tion was conducted with great care, for he
early gave evidence of the fine mental
abilities that have given him such pre
eminence both as a divine and a citizen.
His college days were spent at Cambride,
where he graduated with distinction in a
class that .V-od T‘ ■ m m i
who afterwards gained prominent posi
tion - ja tir. 'o: ’n. His Yeseuuent
studio Score and ■r .
■ ■- ■ . . tj, wou.J haw • grea
emiiftuijy fitted trim for success in that
jwfcssiSn: bu>- he soon incline tie.
nearly his entire manhood, commencing in
early life and dying emphatically “in the
harness.” In 1840 he was elected Pro
testant Episcopal Bishop for Georgia, and
in that office won honors for hitnself and a
multitude of souls for HeaVen. Perhaps
no man of his day was so peculiarly fitted
for that holy office. With a highly culti
vated intellect, earnest and even enthu
siastic piety, and great powers of logic and
oratory, he united a gentleness and per
suasiveness of maimer that never failed to
impress the most thoughtless. Though of
decided character and Opinions, ho never
drove, but led men to tho fountain of' hope
and salvation. Ho preached the goodness
of God rather than the terrors of the law
—the surest plan of leading men to ra
pentence. Though devoted to the Church
of England, with all its sacred histo
ry and traditions, its rites and core
monies, he was no biggot, but gave his
heart and hand to the true Christain in
whatever fold he found him. This gave
him great power of usefulness, and secur
,ed the respect, and even affection, of all
who knew him, of every name.and faith:
Twenty-six years ago, when lie entered up
on, the office of Bishop, Episcopalianism
was scarcely known in Georgia beyond the
wails of the churches in Savapnah and
Augusta ; he closed his labors with con
gregations in neariy every town of the
State, with communicants numbered by
thousands, and with thousands more rapid
ly pressing into the fold. His sermons
were all thoroughly prepared, far he did
nothing that he did not do well. They
were models of literary excellence, with
every part nicely dovetailed, and the whole
compact and complete. Upon closing his
manuscript, it was difficult to think of any
thing more to be said on the subject. They
were marked, perhaps, by too much rhetoric
for solemn effect upon the mind of the
reader, but when spoken with his earrest,
persuasive and pathetic manner, the fault
rather added to the effect. His sermons,
or selections from them, will doubtless be
published, and if so will take rank among
the best of this or any other country. His
literary addresses, of which there are many,
will also form a valuable collection.
The last official act of Bishop Elliott was
laying the corner stone of the new chapel
at Montpelier, Wednesday afternoon last,
and his last public address was the valedic
tory to the young ladies of that institution,
who were a bout separating for their respec
tive homes, on the evening of that day.
In writing a brief sketch of these ceremo
nies for our issue of yesterday, lmw little
we dreamed that before it could bo put in
type, the telegraph would Sash us the sad
news that the good and great man who
conducted them was no more !
But conspicuous and beloved as he was
in his ministerial character, Bishop Elliott
was equally noted for His qualities as a
patriot and a citizen. He always took a
deep interest in public affairs, and lent his
active aid to any cause that he regarded as
promotive of his country’s good. Ho was
warmly devoted to tho cause of Southern
Independence, and gave his efforts and
most earnest prayers for its successful con
summation. After its disastrous failure,
he had nothing to retract and no responsi
bility to shun. He wore his principles
upon his forehead, and stood erect in his
great manhood, proclaiming them in defeat
as well as in victory. If the concerns of
earth arc recognized and revived beyond
the confines of time, what a meeting there
has been between the martyred Polk and
his heroic eulogist, who, over tho mangled
remains of the former, summoned the ene
mies of his country to meet him and test
the issue of right before the bar of God !
Asa private citizen, Bishop Elliott was
earnest and conscientious in the discharge
of every duty. His heart overflowed with
sympathy for the distressed, his means
were ever at the command of the needy,
even to the extent of injustice to himself,
and indeed he never gave a thought to
self where human suffering was to be re
lieved, or his ministerial offices were need
ed. Fearless of death in all its forms, we
have had occasion to witness his heroic ef
forts in the midst of pestilence where no
man was safe. He was on such occasions
always at his post, and not a character was
so degraded or a hovel so filthy that ho did
not visit them in his labors of love and
Christian duty. By day and by night,
with imminent peril to himself, ho might
have been seen ministering to the sick,
comforting the dying, shrouding the ’dead,
and pouring the oil of consolation into the
hearts of surviving friends. It was a spec
tacle that made one rejoice and feel proud
that he had the privilege of living in the
same day and generation with such a man.
But his work is ended, and ended well.
He has “fought the good fight,” helms
“kept the iaith," and while friends and
country mourn, they have a firm assurance
that there is laid up for him a “crown”
in the belter land to which he has gone.
God help the widow and the fatherless to
bear up under their great affliction ! May
all emulate the virtuous example of him
that has passed away, and so live that
their “last end may be like his.”— Macon
Telegraph.
To the Voters m miaaie Judicial
Circuit.
In consenting to become a candidate for
the Judgeship of the Middle Circuit, I do
not intend to canvass for an election. Were
I assured of the propriety of such a course,
neither time nor means would permit me to
adopt it.
! _ The past ten years of my life have been
| almost exclusively devoted to ihe service
! of the State. This service has been in both
I military and civil life —in the legislative
j halls and on the battle-field —in war and in
peace. I have always endeavored to dis
charge my duty faithfully, honestly, honor
ably. Whatever I have accomplished, I
i have been made to feel that it has not ad
vanced my pecuniary interests. I desire to
abandon the field of politics, and sincerely
j trust that the tocsin of war will never
again he sounded, at least in our day and
generation. Iwisbtopass the remainder
; of my life engaged exclusively in the duties
of that profession to which 1 have been at
: tac-hed from youth. _ Age. physical eondi
| tion, and consideration for the interests of
\ my family, demand it of me : but I shall
j ever feel proudly grateful to the generous
i and noble people who have so often honor
: ed me with their confidence and support,
i It is not without diffidence and distrust
I that I have submitted my name as a eandi
i date for the Judgeship of the Superior
1 Court of this Circuit. 1 u*e ano impartial
; iuWee and a firm administration of the
i 'laws demand the highest Qualities of the
head and heart. I can only promise an
’ honest and constant endeavor to discharge
• faithfully the duties of the cmee, and to
: preserve the sanctity, and dignity of the
1 position so long, so wen, and s o worthily,
| filled by the late lamented Judge Holt—
the model Judge. ,
Relying upon the active and generous
support which the brave so.diers residing
within the circuit have ever given me, and
upon that confidence with wnieh the people
have.so often honored me.- I trust to your
active sympathies for support, at the elec
tion on Wednesday, the 2d day of January
next.
Your fellow-citizen.
W.M. Gibson.
Augusta, Dec. 8,1
An exchange savs more than a hundred
negroes from’Georgia passed through Hol
ly Springs on Monday of last week, on :
their way to Arkansas. The Georgia ne
groes do not bear the highest reputation ;n j
the Trans-Mississippi; they are reported I
as being too lazy to work, but not tee hon- j
est to steal.
The I-ate Decision of the Supreme Court |
The following remarks of the National !
7ntilligeucer take the-correct view of this \
decision:
THE MILLIGAN CASE.
That the Union is saved, in the full in
tegrity of its three great divisions, has be
come a majestic consummation by the
unanimous voice of the Supreme Court in
vindication of the civil institutions of the
country. The moral weight ot the decis
ion in the Milligan case cannot be measur
ed by that of any of the great constitution
al questions which shook tho Republic in
days gone by. For neither in the breadth
of the issue, the extravagance of contem
porary heresies on the subject, nor in the
magnitude of the stake, could any past
cause before that high court compare with
this. But more than all, tho unanimity of
whole bench on all that was vital in
this great question is without, previous
i example. In great constitutional - ques
| tions heretofore, even when the court were
I unanimous (which happened but rarely)
I on the judgment, they were various in
| their reasoning ; and in the greatest ques
! tions the dissenting opinions were all but
|as weighty as the judgment itself. Here
j the only diversion from the common cur
rent of the judicial mind of the Supreme
Bench (and indeed the bar of the country
at large) was upon the speculative ques
tion whether, under any circumstances—
-1 it would be possible to reconcile a mili
tary commission for the trial of civil
j lans with the Constitution of the United
i States. All the judges agreed that if such
a power could be found in that instrument
it was altogether latent as yet, and conse
quently that for the purposes of any exist
ing case there was no shadow Os law for the
monstrous and sanguinary pretentions with
which the disordered and perverted parti
sanship of the times would strike down the
liberties of the people. The dicta of four
of the judges go no further than to assert
the power of Congress to legalize military
commissions. In all that is actual; in all
that has ever entered into a discussion of
this theme in the press, the courts, or the
hails of Congress; in all that there is in the
question, the constitutional exponent of the
law in this country has spoken in one voice
of rebuke seated on the exalted judgment
seat of the nation, clothed in the spotless
ermine of justice.
Not from tie thickened i «gue or blood*
from the poisone plum -r the nerveless
utii i-cation of p-..*tiw.r; a '.hors . r.. from
ilit. honest but re; »su r, us vohet • tice of
.h,; i-oliticai puiotf uot even, !>••« the i
speeches Os *..<?«., Tile.'itvd fat 0.1 tty .
. .... ■ ■■
rule of civil obedience, a criterion of nation
al patriotism. Ancient, beneficient, just,
majestic, it is the law which spreads from
the judicial branch of the organic republic.
He that hesitates in _ his obedience, or
postpones his respect, is ignorant of free
dom, unworthy to.be beard, and born to
meanness. Let hitu seek and serve a
master.
—«att2SS- Bp-Mi
Military Commissions.
Collisions between the military and the
civil authorities still occur once in awhile,
but President Johnson seems determined
to prevent them as far as possible. The
Richmond case,, elsewhere noticed, is an
example. There are other cases some
what similar in tho Southern States,
where we may take it for granted the same
course will be pursued as soon as the at
tention of the Executive is brought to them
by official report.
The decision of the Supreme Court of
the United States on. this subject, which
has been published, Js, in some respects,
the most important which has been an
nounced by that able and distinguished
bench for many, years. It is unnecessary
to tell our readers that this decision is in
substance the affirmation of doctrine laid
down in - our editorial columns with persist
ent repetition, and doctrine for which we
were at times called to account bv those
who believed in the absolute supremacy of
the war power. We are content with the
decision, since it gives to the principles
which, for a long time, wo maintained
single-handed and alone in this city, the
force of law, from the bench of the highest
appelate tribunal in the land.
The extent to which this, decision goes
cannot be stated clearly as yet, nor until we
have tho full opinion of the court. But it
is difficult to sec how it can be otherwise
than a complete rebuke to all exercise of
arbitrary authority in the Northern and
peaceful States during the war. If the
war power was insufficient to justify the
trial of citizens in arbitrary tribunals, by
the regular process of court martial, or the
special process of military commissions,
under an act of Congress, it would seem a
fortiori that the individual acts of the
officers of government, in the seizing of
newspaper - establishments, and the arrest
and imprisonment of private citizens with
out aayform oflaw, civil or military, must
be held to bo illegal, and therefore wrong.
It would also appear that the trial of the
assassins of President Lincoln, in the city
of Washington, by a military court, was
equally wrong with the trial of tho Indiana
| men which formed the immediate subject of
I the decision of this court.
The past is past and cannot be brought
back again. The only hope of the citizen
for his country, in reference to such mat
ters, must be that in calm times the seal
of disapprobation will be' so effectually set
on the errors and wrongs committed in
times of excitement, that they will fail to
become precedents for future action. This
decision of the Supreme Court cannot un
do the wrongs, but it should be welcomed
by all right thinking men as the first, step
toward the correction of errors in the pub
lic mind, and the beginning of a series of
decssions which will effectually forbid the
repetition of such grave offences against the
principles of American government. An
opinion from the Supreme Court of the
United States, in a ease like this, must ar
rest tlie attention and direct in,a new chan
nel the thoughts of all those who were dis
posed to approve of what is now authori
tatively condemned. We have no doubt
that the result will be salutary, both in
the far future and in (be immediate pacifi
cation of those differences and- collisions to
which we have alluded. — N. Y. Journal
of Commerce.
Terrible Fire in Vicksburg.
j • Vicksburg, December 24. —A terrific
I conflagration broke out in Morris’ block,
corner of Clay street and front levee, at 8,
P. M. last nightj and destroyed the entire
block—3o houses ; thence to block bounded
by the levee, Clay, Mulberry and Craw
ford streets, destroying the entire block—
-33 houses; thence east of Mulberry, be
tween Crawford and Clay, to Washington
—l3 houses; thence to corner of Wash
ington and Crawford —1 three-story brick
stores ; then spread to the corner of Mul
berry. and Crawford—lo houses, besides
shanties, &c., in all about 100 buildings,
of which 38 were large brick stores.
Two white children and four negroes
perished in the flames. Six negroc were
killed by accident. One hundred fami
lies are 'homeless. The origin of the
fire was the result of carelessness in Meyer’s
room building: The streets are crowded
with goods and debris. The greatest
credit are due Generals Wood and Dudley
and their men for superhuman efforts to
subdue the flames and prevent pillage.
Five or six buildings were blown up to
arrest the progress of the flames.
The theatre building, cathedral, city
bank and telegraph office escaped, but the
forme was badly damaged. The heavens
were illuminated for miles. The total loss
is roughly estimated at $2,000,000, about
one-fourth insured. The following is a
partial list of the suffers : F D Walds
worth, stoves and hollow ware ; Jaques
Saocaninitti, fruit dealer ; F 31. Bradley,
■watchmaker ; ,J C Kress & Cos!, clothiers;
Manlove & Hobart, druggists; Dan’l
Swett, hardware and crockery, also lost a
fine three-tory dwelling ; Smith and Par
sons, wholesale dry goods and grocers ;
5 1,1 Young A Cos., wholesale grocers,
Washington Hall building ; Cowan & Her
ring, groceries ; Eilett, Huggins & Cos.,
dry good® ; Rotschild k Frisble, auction
room : W II Passmore k Cos., and John
G Yeiser & Cos., furniture dealers ; S
Rotschild, dry goods; II B Bracer, tin
ner ; Obner Matthews, two small dwell
ings ; Peter Casey, wholesale grocer and
commission merchant; Wm E Gaunt k
Co-.V ells & Green, J L Osborne k Cos.,
McNamara A Flanagan, Downing, Brining
6 Gilbert, two brick stores ; Wester k
Scoffer, gunsmiths ; Ohara k 8r0.,C J
F l *ds, boot stores ; Philip Sartorious,
•J C L:um, Showver & Pollock, A L Ja.y
wich, Johnson & Lamkin. W H Hartmon,
and numerous others of Jess importance,
ahe fire raged till day-light. The Phoenix
hire Company No. 2.' lost their engine.
i The Terms Upon which Virginia
WILL BE “ ReCOXSTL'CTED " —WIIAT
1 Piep.pont Says. — The Washington cor
respondent of the Herald writes:
We learn from Richmond that Governor
Pierpont had returned there from Wash
ing'' n, where he had been to consult with
the lia licaHeaders as to the best terms
on which Virginia can regain her former
position in the Union. He was assured bv
some of the Stevens-Sumner faction that
Virginia was still in a state of rebellion,
and it would be necessary to establish mili
tarv governments in all the Southern
the people become loyal.
Another party demanded the territorial
p.'u, which in this State would only in
voive toe abolition of the present Legisla
ture, to be succeeded by a loyal one eleeted
- i"val voters. But he was assured—
ana tins opinion seemed to be general—
i,vU,i ’ on< V lr = lr ? la adopt the constitu
tion J amendment her represtatives would
F a t once and her political
sms restored. All seemed to agree that
“ti i r i ' ,an i is t “ e one by which terms at
al! liberal were offered.
Case op Dr. Mcdd. —An application
-t-smade on W ednesday, before Chief Jus
tice Chase for habeas corpus in the ease of
Dr. Mudd, one of the Rinconln conspira
tors. oy A. Sterett Riogels. of the Balti- 1
more bar. Hon. Re verdy Johnson is re- i
tamed in the ease.
Decisions of the Supreme Court at the j
December Term as Corrected by
L. E. Bleckley, the Reporter.
Crawford and others, J In Equity
vs. y from
Brady, Admr., and others. ] Sumpter.
Walker, J.
L, The absence of a party in the military
service, did not, under the act of 1861,
oonge tho Court to grant a continuance.
It was subject to discretion.
2. The bond in this case, created a right
in the husband as trustee of his wife, and
a Court of Equity will carry out the trust.
3. This not being a settlement made by
the husband upon the wife, was therefore
not void against his creditors because not
recorded.
4. The facts do not make a case of re
duction to possession by the husband in bis
lifetime, and therefore the wife’s right of
survivorship was not lost. Judgment
affirmed.
Lanier & Anderson, Scarborough, for
Plaintiff, by Bleckley. McCoy, B. Hill,
contra.
Cook, 1
vs. lln Equity from Dougherty.
Jenkins, j •
Harris, J.
1. Where, under an arbitration, one
partner is put in possession of all the assets,
| with an obligation to pay all the debts, a
j Court of Chancery will interfere, in a
proper ease, to secure such assets, and see
! that the other partner is protected against
j the debts.
! 2. It teems that the answer of a Defen
dant, even when discovery is waived,
should be full and may be excepted to by
the Complainant; but the Court, only inti
mate this —they do not adjudge it. Judg
ment affirmed.
Vason, Davis, Sarn’l D. Irwin, for plain
tiff. Strozier and Smith, contra.
Macdevillc,)
rs. j- Caveat from Clay county.
Mandcville, j
Harris, J.
1. Irregularities acquiesced in by a party
are cured—at least they cannot be urged in
the appellate Court, unless objected to in
the Court below.
2. Letters of Administration may bo
granted to others than the original appli
cant mentioned in the citation. Judgment
affirmed.
error. J. E.
j Bower, for D fendarit i.terror.
( - , Som Calhoun
Booth" . .. . ,
ie jurat to the
!■ ;re..-v , nay follow the
names of the Commissioners, as well as
precede them.
2. A non-suit should not be awarded if
there be evidence enough to uphold a ver
dict for the Plaintiff. Judgment reversed.
Sam Hall, for Plaintiff in error. P. J.
Strozier, for defendant in error.
Flint, | Arbitration
vs. V from
Georgia Land and Cotton Cos. ) Dougherty.
Lumpkin, C. J.
In this case, the award was correct.,
whether the contract or stipulated
damages made a case of penalty or not, as
the uctual damage proven, was as much as
the sum awarded. Jugdment affirmed.
Bam Hall, for Plaintiff in error. Wright
and Warren, for Defendant in error.
Martin & Johnson, I
vs. [ Motionfrom Decatur.
Blood. j
Walker, J.
1. A case dismissed during the war, on
the ground that tho Plaintiff was a citizen
of the United States, and therfeore an alien
enemy, may be re-instated on motion.
Judgment affirmed.
. Bower for Plaintiff in error. Lyon and
Irwin, 'vContrai
Lanoy, Cox, H al. , ) Application for
vs. - Dower, from Web-
Stew art. ) ster.
Harris, J.
The heirs at law have a right to contest the •
repoi t of Commissioners appointed to as
sign dower. JudgeiUMit reversed.
Bianford and Miller, for Plaintiff in
error.
Lyon and Irwin, Centra.
Olive Simpson, ]ln Equity
vs > from Lee
Wm. H. Robert and Wife)
1. When the word “said,” or “afore
said,” is used, it refers generally, to the
last antecedent, but this may bo otherwise,
if the context requires it.
2. The Sheriff may take the recogni
zance of an offender, confined in tho jail of
his county, to answer for a crime commit
ted in another county.
3. A recognizance to appear at the
next term of the Court and remain there,
is not substantially different from one to
appear at such term and from term to
term thereafter.
4. One accused of crime and giving
bail, may indemnify ]»is bail with property.
This is not contrary to public policy.
5. Tho wife and children of a person
who has created a lien upon bis property,
may secure their interest in tho same, by
proceeding under the insolvent laws,
without resort to Equity. Judgment
modified.
Fred. West, for Plaintiff in error.
P. J. Strozier, * Contra.
DuAc-y | Proceeding against Tenant
Love J homing over, from Clay.
Walker, J.
1. A Court oflaw should, in a proper
case, grant a continuance, to allow a party
who has an equitable defence, to enjoin
the proceeding at law.
2. If a material witness be a surety on
the tenants bond, the Court hearing tlie
ease should allow another surety substitu
ted, to make the witness competent.
Judgment reversed.
J. E. Bower, for Plaintiff in error.
A. Hood, Contra.
Garris, 1
vs. } Simple Larceny.
The State. J
Lumpkin, C. J.
1. The charge of tlie Court was not on
an assumed state of facts, but upon tlie
evidence.
2. The evidence showed a wrongful tak
ing by the prisoner.
8. The evidence showed that the prose
cutor was deprived of the possession.
4. There was more than an attempt to
steal—the larceny was consummated. It
is immaterial that prisoner held possession
but a short time. Judgment affirmed.
Strozier, Smith and G. G. Wright for
plaintiff Warren, Solicitor General,
contra.
Strieker & C 0.,)
vs. I In Equity—from Fulton.
Tinkham. 1
Walker, J.
1. A content made in aßother State to
take effect and be executed in this State
must conform to the laws of this State.
2. An assignment executed in Tennes
see by an insolvent, giving a preference to
certain creditors as to property within this
State, is void. Judgment reversed.
Hopkins and Bleckley for pi’tiffs. Ham
mond and Mynatt, cantra.
Rowland, Supt. VY. &A. 11. R.,) Case
vs. I from
Cannon. j Fulton.
An employee of a railroad company, in
jured in its service, cannot recover there
for against the company, if he, himself, par
ticipated in the fault or -negligenoe which
produced the injury. Judgment reversed.
Bleckley and Mynatt for pl’tiff. Baugh
and Hoyt, contra.
Winn, )
vl Vln Equity—from Oglethorpe.
Lumpkin. )
Walker, J.
1. A deed wrongfully made by a trustee,
even though void, will, in a propercase, be
cancelled by Equity as a cloud upon title.
2. The bill is not multifarious. Judg
ment affirmed.
Buchanan for plaintiff in error. A.
Kenap, contra.
The Chief Justice, being related to one
of the parties, did not preside in this case.
Coma, ) _
vs. > Habeas Corpus from Appling.
Reddish, )
Harris, J.
I A colored child of fourteen years of age,
| not chargeable to the public, nor likely to
j become so, and whose father resides in the
| county, and is not shown to be in some
| default as a parent, cannot be bound out
j by the Ordinary as an apprentice, under
the act of 3 BG6, without the parent’s con
sent. ( Judgment reversed.)
VY. B. Gaulden for Plaintiff in error.
—, Contra.
Farris, j
vs. [ Assault from Marion.
The State. ]
Walker, J.
I L Error cannot he assingned on the
1 verdict a3 contrary to evidence, unless a
i m °tion for anew trial was made in the
1 court below.
| 2. The Judge is bound to charge on no
I Ipme of homicide which is not in evi
dence.
5 3. Unless requested by the prisoner or
his counsel, the Court is not obliged to
: charge the Jury that they arc Judges of
! the Law as well as of the facts. (Judg
! ment affirned.)
B. B. Hinton, for Plaintiff in error.
M. 11. Blanford, Contra. >
. Carrol],)
vs. rln Equity from Thomas.
! Martin, j •
Harris, J.
! Injunctions, both as to the granting and
the dissolution, are discretionary, and
unless there is gross mistakes or injustice
in the decision below, this Court will not
interfere. Judgment affirmed.
Seward for Plaintiff in error. Alexan
der for Defendant
Gay, 1
vs. }- Ejectment, from Early.
Mitchell, I
Walker, J.
1. One who goes into the possession of |
land as a squatter, disclaiming title in him- i
self, holds as tenant at wifi of the true ;
owner, and cannot secretly attorn to anoth
er so as to make the possession adverse, j
Notice or knowledge of the attornment must ;
come to the owner before the statute of I
limitations will run against him. Judg
ment reversed.
A. Rood for Plaintiff in error. R. F.
Lyon, contra.
Judge Harris being related to one of tho
parties did not preside in this case.
Adams, ]
vs. - Motion from Meriwether.
Brooks. )
1. The doctrine that a bond for titles
with the purchase money all paid, vestsa le
gal title in the purchaser, is too wed set
tled by repeated decisions of this Court to
admit of question.
2. If, in such a case, the vendor die, a
resident of this State, administration will j
not be granted in the county where the
land lies, unless he has some property
there of his own. The land cannot be
treated as assets to give the Ordinary juris
diction. Judgment affirmed.
Dougherty for plaintiff iu error. Poavey
for defendant.
Evans 1
vs. }- Complaint from Taylor.
Walker, j
Loir kin, C. J.
1. Under the ordinance of tho Conven
tion, the Judge has no right to tell the
jury not to consider evidence of the value
of Confederate currency at the time the
contract was made* and restrict them to
the value at the time the debt became due.
The ordinance being constitutional, this
result follows indisputably from its terms.
J udgment reversed.
Oabaniss & Peeples for plaintiff iu error.
B. Hill contra.
Ford, Bell & Gaskill l ln Equity from
Finney. j
Walker J.
One taking a bond for titles by assign
ment under a contract to pay the purchase
money due to the original vendor, may be
compelled by Equity to perform his. con
tract, It is not the case of an undertak
ing by parol to answer for the debt of j
another, nor is it a parol contract for the .
sale of land. —Judgment Reversed.
White, j
vs. Debt from Chattooga,
Hart, j
Lumpkin, C. J.
1. A second original and process to
perfect service on a joint defendant residing
in another county, may issue, by way of
amendment, after the appearance Term of
the case.
2. Principal and surety may be sued
together., in the county of the surities resi
dence, —Judgment Reversed.
G.enn, y Forcible entry and detainer
The State, j from Whitfield.
Lumpkin, C. J.
There being evidenoe to support the
verdict, anew trial is refused.—Judgment
affirmed.
Stansell, 1
vs. [ Caveat from Whitfield.
Kennan. J
Walker, J.
If one of several caveators die pending
the proceeding to probate a will, the pro
pounder may proceed and try the case
without making the representatives of the
deceased caveator a party. Judgment
Reversed.
Tompkins, 1
vs. V Appeal from Bartow.
Davis. J
Lumpkin, C. J.
No appeal lies to the Superior Court
from a monthly term of the County Court.
Judgment affirmed.
Calhoun, j
tis. yln Equity from Catoosa.
Tullass. J
Walker, J.
One who purchases land subject to judg
ment liens, and contracts to pav off the
judgments, will not.be aided by Equity to
prevent the collection of such judgments
out of the laud, if he fails to .pay them
off in conformity with his contract.
, 2. Tho assignee of notes secured by
mortgage,.may foreclose the mortgage at
law, by using the name of the mortgager
for his use. Judgment reversed.
1 Injunction from
Banksmitiufc Mulford. J Cobb-
Walker, J.
1.. A conveyance, of land pending a bill
in Equity to set aside tlie seller’s title for
fraud, will not stand against tho final decree
in that case.
2. The Court below committed no error
in dissolving the injunction, there being no
certain evidence that the land in dispute
contained a gold mine. Judgment affirmed.
Carroll, )
vs. > Garnishment from Newton.
McCoy. J
Lumpkin, C. J.
If several garnishments be served upon
tho maker of a note and the holder of it,
returnable to different Courts, and the
holder of the note deliver it up to the
Court in which the oldest garnishments
are pending, and the note is sold by order
of that Court, and the proceeds are dis
tributed to the creditors moving in that
Court, (the creditors in the other Court
having notice,) and the maker of the note
afterwards pay it off to the purchaser, he
cannot be required to pay it again on the
younger garnishments pending in the
other Court. Reversed.
Taylor, j
vs. [■ Arbitration—from Dougherty.
Flint. J
Harris, J.
1. It is necessary that the bill of excep
tions specify the errors complained of. A
general allegation that the Court erred,
where several points arc made, is improp
er.
2. Where there are two sets of children,'
the appraisers assigning a year’s support
are to set apart support and furniture for
each set.
3. The ordinance for construing and
settling contracts, made between Ist June,
1861, and Ist of June, 1865, is constitution
al. J udgement reversed.
Samuel I). Irwin for plaintiff in error.
Hines and Hobbs, contra.
Slaughter, | Foreclosure of Mortgage—
Culpepper, j from Mitchell.
3. If the jury in administering the ordi
nance, reduce the debt lower than any of
the evidence will authorize, it is not error
for the Court to grant anew trial.
2. The ordinance docs not impair con
tracts—it hut prescribes a rule of evidence,
and gives up tho case to the Jury to be
decided upon equitable principles. Judg
ment affirmed.
Ilall, Lyon & Irwin for plaintiff in error.
Strozier and-Smith, contra.
Geo. R. R. &B. Cos., ) Quart clausum
vs. rfregit. Tresspass
Kirkpatrick. J —from DeKalb.
Walker, J.
1, The act of 1859, as to the venue of
suits against railroads, except so far as it
is incorporated in the Code, is repealed by
it. Therefore, though the injury in this
ease was committed in the county of De-
Kalb, suit should have been brought in
the county of Richmond. Judgment re
versed.
Glenn & Son and Bleckly for plaintiff in
error. Candler for defendant.
The Chief Justice, being a stockholder in
the Georgia Railroad Company, did not
preside in this case.
Smith,)
vs. [ From
Bell, j
Lumpkin, C. J.
1. A Plaintiff, by paying cost, present
and future, into Court, and assigning all
his interest in the case, may become a
competent witness.
2. Such assignment may be completed
by depositing in Court the instrument
making it, in the absence of the assignee,
whose acceptance will be presumed. J udg
rnent affirmed.
Blanford and Miller, for Plaintiff in
error. McCoy and Hawkins, contra.
■Hoyle, |
vs. v In Equity, from DeKalb.
Jones, Adm’r, J
Walker, J.
1. Bequest to A and to the children of
her body, creates, not an estate tail, but a
joint estate in A and her chiidten.
2. The concealment of a right by one
whose duty it is to disclose it, prevents the
running of the statute of limitation in favor
of the party in default. It is a legal fraud.
3. It was not error in this case to allow
interest on the annual hire as it accrued.
J udgment affirmed.
Calhoun and Candler for Plaintiff.
Bleckley and Hammond lor Defendant.
Heard, (colored,))
vs. \ Murder, from Fulton,
The State. j
Lumpkin, C. J.
The verdict in this case was not contrary
to evidence. The killing was murder, not
manslaughter. Judgment affirmed.
Gartrell, Hill and Hopkins for Plaintiff.
Hammond for the State.
Allston, )
vs. r Garnishment, from Fulton.
Dunning, j
Walker, J.
Summons of garnishment founded on
attachment, may issue after the return
Term of the attachment, and without ad
ditional bond or affidavit. Judgment re
versed.
Hammond and Mynatt for Plaintiff.
Hammond and Son for Defendant.
a owoll, j ot ; on f or new Trial,
Boring, j Rem Fulton,
Lumpkin, C. J.
The evidence in this case showed a con
tract between the parties for a specific sum,
! and the Court committed no error in re
fusing to charge upon the subject of fraud.
Judgment affirmed.
Hammond and Mynatt for Plaintiff.
Bleeklev and Hammond for Defendant.
Irwin, Administrator,) EI lity / from
Turner. | Ferrell.
Lumkin, C. J.
If the defendant in fi. fa. has removed
his property, after judgment, from the j
county of his residence to another, it is
ground for proceeding with the fi. fa., the
same as if he is about to remove it, and the
case comes fully within the spirit of the
exception to the stay ordinance of the late
Uonvention.
• A IW need make rm affidavit, •
to,entitle bun to have a levy made op the
ground that the defendant is within the
exception to the ordinance.
“■ / l ie defendant may file an affidavit to
arrest the fi fa., if he desires to controvert
the tact of Ins case falling within the ex
ception to the ordinance. He may bring
an action,of trespass for an ilelgallevy, out
affirmed™* th ° ° Uly remed ?- * Judgment
] lood, for Plaintiff in error. Lyon & Ir
win, contra.
Webb I
..Tf- I' Injunction, from Chattahoochee.
Winn. J
Lumpkin, 0. J.
1. Although the remedy at law may ap
pear adequate, yet if a Judge enjoins' a
common law case pending inhis own Court,
and there is not a mauitest abuse of his
discretion, the Supreme Court will not in
terfere. Judgment affirmed.
D. H. Burt, for plaintiff in error. E.
G. Raiford, contra.
Moriow j Complaint
,„ ™ i from
Mereli ts & Planters’ BankJ Terrell.
Harris, J.
1. After the notes of a bank have been
pleaded as a set off to a. suit brought by it,
the bank cannot amend the declaration by
substituting another plaintiff as its use.
2. It is error to strike tho plea of set off
in such case. J udgment reversed.
Morgan for plaintiff in error.
Carter I
vs. t Certiorari, from Thomas.
Commander. I'
Walker, J.
1. A Judgment of tho County Judge
upon possessory warrant, though' not res
dered in term time, may be earned before
the Judge of the Superior Court in tho
manner prescribed in the Act organizing
the County Court. Judgment affirmed.
Seward & Wright for Plaintiff iii error.
Vi. R. Bennett, contra.
Mclntosh, Adm’r j
vs. > Equity from Thomas.
Ilambleton. J
Walker, J.
3. Persons entitled, under a will, to a
remainder in certain property, on the ter
mination of a life estate, covenant,
agreed, in consideration of naturr
and affection, that the tenant It i; i
should receiye tho corpus of the pri
without, any restrictions by or fro
executors, and without giving bone
remaindermen: Held that this c< . ; ant
was not an assignment of the interest in
remainder to the life tenant;. but simply
authorized the executors to turn over the
corpus of the property to the tenant for
life, without requiring from him security
for the ibrthcoining of the property, to
answer the claims of the remaindermen.
2. An administrator is uot liable to ac
count lor property of his intestate, lost
without any iault on his part.
3. But he must administer the estate
aecordid& to law by paying, after expenses,
&c., the debts of deceased in preference to
the heirs at law.
4. An administrator having, within less
than twelve months from his qualification,
paid, to the sole heir at law, a portion of
the estate, retaining in his possession ne
gro and other property sufficient to dis
charge a claim, of which he had due notice,
can not sustain a plea of plme administra
vit, by showing that such property has be
come valueless by the effects of war. He
is liable de Louis propriis for the amount
so paid to the heir at law.
5. It would seem that the heir at law
would be liable to refund to the adminis
trator the amount thus paid, and to which
the heir was not entitled. Judgment
affirmed.
Ansley k Cos. I
vs. V Trover from Richmond.
Anderson k Cos. J
Walker, J.
A. a commission merchant of Atlanta,
had in store twenty hogsheads of sugar,
belonging to H. which by mistake he sent
to B, of Augusta, to be sold at 58 cents
per pound, in Confederate notes. R. made
the sale and tendered the proceeds to A.
who, having learned the mistake in the
meantime, refused to receive them,
“claiming the sugar instead.” B. also
tendered the notes to 11. who refused to
receive them. B. deposited the amount in
bank, in his own name, notifying A. that
it was so deposited, and was subject to his
order at any time. A. brought trover
against B. for the sugars, and pending the
litigation the notes became worthless—held
that A. is not entitled to recover ; that the
Confederate notes were the property of A.
in the hands of B. and that B. was not au
insurer against depreciation, but was
bound for only reasonable care in keeping
the notes, and to deliver them whenever
A. would receive them. Judgment re
versed.
Harris J. Dissenting.
Gibson ]
vs. y
The Btate.)
Walker, J.
3. Crimes are punishable only as pre
scribed by law when they are committed.
2. Os offences not capital committed by
slaves before emancipation, the Superior
Court since emancipation has no jurisdic
tion. Reversed.
Cabiness and Peeples for Plaintiff in
error.
A. D. Hammond, Solicitor General
Contra.
Bartlett 1
vs y Complaint, from Butts.
Byars. J
Lumpkin, C. J.
The maker of a note, and one endorsing
it “to be liable in the second instance” can
not be sued together in the same action.
Affirmed.
Bartlett by C. Peeples for Plaintiff in
error.
R. P. Trippe, Contra.
Je “ k s ins - \ , Certiorari
The Mayor and Council. / from Thomas
Lumpkin, C. J.
City authorities, under the usual grant
of powers contained in their charters, can
not by ordinance declare those acts offen
ces against the city, which by the general
law are defined and made punishable as
offences against the State. Reversed.
Seward and Wright, for Plaintiff in er
ror.
L. E. Blakley, Contra.
Loyd & Wells, ]
vs. }- Complaint from Bibb.
Welch. |
Harris, J.
A cause still pending on appeal in the
Court below, will not he considered in the
Supreme Court on writ of error. Dismissed.
W. Poe for Plaintiff in'error. J. Ruther
ford contra.
Archer I
vs. \ Murder from Fayette.
The State. J
Lumpkin, C. J.
In administering the Code in trials for
murder, the Court should not charge the
jury that they can recommend the prisoner
to mercy, but should charge distinctly that
they can recommend imprisonment in the
Penitentiary for life. Reversed.
M. M. Tidwell for Plaintiff in error.
Peoples & Stewart contra ,
Cade, )
vs. j- In Equity from Elbert.
Burton. )
Lumpkin, C. J.
* If one makes a sale of land by deed with
out warranty, hut representing it to be his
own, and afterwards convey the same land
to a bona file purchaser, without notice,
the period of limitations applicable to an
action against him for the fraud is the
same as that which would apply to an
action i'or the land, to wit: seven years
from the discovery of the fraud. Reversed.
W. T. Akeman for Plaintiff in error.
Van Duzer contra ,
Johnson,)
vs. [■ Injunction—from Bibb.
Allen. J
Walker, J.
There was no abuse of discretion in dis
solving this injunction. Judgment affirm
ed.
W. Poe for pl’tiff in error. J. Ruther
ford, contra.
Manuf’ers Bank of Macon, |
Goolsby. j froni iJibb -
Harris, J.
A Court will not order the consolidation
of separate suits, founded-on bank notes,
further than to reduce the number of suits
until those remaining are each for the
highest sum of which the Court can enter
tain jurisdiction. The Court will not oust
itself of jurisdiction by consolidating.
J udgment affirmed.
Lanier and Anderson for plaintiff in error.
Rutherford and Weems, contra.
Anderson, I
vs. Vln Equity—from Wilkes.
Walton. J
Harris, J
1. A surety against whom judgment has
been rendered with his principal, may, be
fore paying off the judgment, if there be
obstacles to proceeding at law, have the aid
of a Court of Chancery, _ against a pur
chaser of the principals’ property (with
notice) to secure the forthcoming of the
property to answer the judgment.
2. An impure plea must be sworn to.
Judgment affirmed.
Garnett Andrews for plaintiff in error.
Barnett and Bleckley, contra.
Dinkins,) .
vs. rln Lqmty—from Bibb.
Virgin. J
Lumpkin, C. J.
i The purchasers of property agreed to pay
for it to the vendor,_ who was to discharge
certain debts out of the money thus re
ceived. .The purchasers performed their
part, but the vendor did not pay off
the debts, according to his undertaking.
Held, that the purchasers will not 1m com
pelled, in equity, at the instance of the
creditors, to pay said debts. The purchas
ers are not trustees for the creditors.
Judgment affirmed.
Lochrane and Bacon for plaintiff in error.
J. Rutherford contra
One hundred miles West of Fort Riley
s tho centre of tlio United States,