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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,