jjp j! fliP H
ol,l> SERIES, VOL. LXXVI.
(i'hrouiclc & i nit inti.
Ili.MtV >fOOItK.
A. . It. Wltl*» IJrJ '-
PVTKICK WAItHI. A«»oClat* 174M0r.
ay »l H^tHIFTION,
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WEEKLY. . |
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V ( <f ( M r i , A • 4 «
UIAV Vmkmnl. PKBEIIBI Isl.
New Hose Carriage.— I The new Hose j
('orriage for Fillmore Fire Company No. 4, i
of this city, arrived here yesterday morn-!
in;., by steamboat, from Kavannah. The j
Carriage w a treat and substantial affair,
and will, no doubt, prove very serviceable
in the bands of No. 4.
Foil MiLUr.LKifcViu.it. —lveteoconvicts,
under sentences from the Superior Court
of this county, left thia city on Monday
la-i for tho Penitentiary at Miiledgcville,
a. They will be provided with accoinino
daiions at ibo State’s expense.
Kililp. — Mr. 11. F. Coyne, one of the
founders, in connection with the late la
ne no and Joneo Hooper (‘Simon Suggs’), of
the Montgomery Mail, was thrown from a
buggy in Montgomery on Friday last, and
-o ■ i riously injured as to die in a few hours.
Dougk’h Dye House. —The attention of
our readers is called to the card of Mr. G.
11. Dodge, who is prepared to do all hinds
of' dying and bleaching and cleaning in
Mich a manner as lo give entire satisfaction.
Mr. Dodge's place of business is at 221
Gn one street, between Marbury and Ivol
lock.
CoNuiti. . An old paper of Uonfodc*
rate do, bad a joke which applies to the
present so-called Congress of the United
States. It was thus: Mr. Smith asked
Mr. Jones if Congress had the power to
continue in existcuce ad infinitum 1 No,
replied Jones, but it can do so ad nauseam!
(jt.'KK Ti Mo — Wo are informed by
Me„rs. Stovall & Kdmondston, Agent of
i lie steamer Katie. , that a shipment of
freight for Messrs. J. M. Clark & Cos.,
which left, New York on the 4th, reached
Augu-ta by the steamer Katie on the 10th.
Cotton. — lll consulueuoe of an easier
marki t being reported at Liverpool Wednes
day, (lit home market in the morning was
inactive, hut on receipt of the eveuiug re
port from Liverpool, quoting an active
and advancing market, prices stiffened
here and the demand became good at 10c
lor Middling.
Tin', OnitoNKLE & Sentinel. —The
Bainbridgu (Ga.) Argus , of the Bth lust.,
says ;
The proprietors of tho Augusta Chron
icle if Sentinel will please accept our
thank for their daily coition. Wo prize
it. highly is one of our ablest and best
exchanges-
The Military Commission at Savan
nah. llie Coinmis.-ion appointed by
General .Meade to investigate certain
alleg' and charges against the iiiuuicipal
autlioriiii sos our sister city of Savannah
is Mill in session with closed doers. Tho
Rigiditimii, in referring to tLo Commis
sion, says the charges are ridiculous and
that nothing is positively known to out
sidi parties, it will take lour or five days
more to liuish tho investigation.
Di MorßArio Meeting in the ’liukd
Warii. Ihe Democrats of Augusta, like
tho:- of Atlanta, have set tho ball of or
ganization in motion. Those of the Third
Wa.d assembled at tho hull of the Blan
nerhasseit Hose Company, for the pur-
P , e i 1 organizing a Club for that Ward.
The remarks of the Chairman, Colonel
Snead, were full of eloquence, burning
with the fire of old, and awakening tho
enthusiasm of all present.
Mr. I'll Is, of the Constitutionalist, and
other gentlemen spoke eloquently and en
thu-l iMieally, and the harmony which pre
vailed ungues well for the success of the
movement.
We understand that (lie Democrats of
the other Wards will at onee follow suit,
and organize Clubs. They should aet with
promptness and energy.
Little Children.— Who is it that does !
not love little children ? Who is it that
would not pray God to bless them ? Bure- j
ly, none of our readers, and so we comply j
with tin* request to publish tlie following
communication, which wo find in the Bain .
bridge (Ga.) Argus of tho Bth iust. :
Prayer for Little Children.— Forty
years Horn tho present time the govern
ment ot our country and the control of the
church will bo in the hands of a genera
tion now at their mothers’ breasts. This
truth should bring home to the heart of
every Christian the duty of special prayer
lor the children of our country.
For this purpose let fervent, persever
ing prayer and supplications be offered up
in all our churches on the Babbath ; at the
weekly prayer me ting; at the family
altar, and in the closet, to the God of all
eri % that lie would Hess our children
and raise up from them a generation to His
praise, and the future glory of His church.
1; was tiio habit of our Saviour to love and
hit's- little children. Let us follow bis
i xamplc, and wo may hope for the most
happy resu'ts.
The secular, as well as the religious pa-
I'.ts ol our country, are requested to give
this an insertion. By so doing they wifi
great'v oblige
' A Friend of Little Children.
At VRAM a Redeemed. —The eleetii n re
turns from Alabama on tho nigger consti
tution indicate, beyond all doubt, that the
State ot Alabama has been saved, tor the
present at least, from the negro supremacy
scheme.
COMPTROLLER liCBNS. Colonel I*.
Thwostt, of Milledgeville, writes a iong
letter to the Columbus Enquirer (ami
>v t'.iclt he says was in the first instance'
►.• tit to *he Macon Telegraph tor publica
tion ami by that paper declined), in which
:.o states that Comptroller Burns did turn
over to his military successor importaut
looks, without which the military au
tborities could* not have collected the bal
ance of the State tax due from the people.
Death t v a Goon Man.— We learu
t'vm n i rivate letter from Jefferson county
, |...t _\l j.,r 11 S Carswell, an old aud
highiy respected citiien of that county,
died suddenly last Saturday evening, lie
\t:i' apparently well, but a few hours
’ , ore his death was seized suddenly with
a congestive chill aud died iu a few min
lU Major Carswell was a useful and pood
citizen —had been frequently honored by
hi' Vilow citizens, aud his death will be a
sci ■-;* loss to the county. To his bereav
ni family we tender our sincere condolence.
An Important Legal Decision.— I The
following questions arose Ik kre Judge
Erskine, at Atlanta, a few days since :
* "lias the Court the power to order the
sale of the estate of the baukrupt eueum
b. ud Vt lien, and the money arising from
the sale brought into Court to be distribut
ed to the creditors holding the securi-
The Judge stated, in his opiuion, that it
was the intention of Congress to confer on
the Court the power to aisposc ot ice ea
cuuii ertd property ot the bankrupt to any
way it might, in its discretion, ueeui best
f r the interest ot all concerned. It is a iso
his opinion, that iu theoasabefore him, the
purchaser will take the property when sold
fre, from all encumbrances, the lien tie mg
transferred from the property to the fuud.
Decision in Bankruptcy.— Judge
Erskinc, of the U. S. District Court, de
cides as follows :
Every creditor, secured or unsecured, of
the bankrupt, is a defendant in the pro
ceedings, aud if a creditor has a lien, either
specific or general, and he wbhes to pro
tect it. he must disclose its particular char
acter that it may be legally, and according
to its priority or dignity, ascertained and
liquidated.
“Dot* Anj bed) Want Honey 1”
The New Yoik limes of' the 4:h inst.
ask “doc* anybody want money ?” It i»
getting as cheap as dirt, Six and five per
cent, to brokers, four per cent, to large
dealers in public bonds. “J.«ook at the
Bank of England, crammed with bullion
and notes, it cannot loau iu> surplcj even
at three [ter cent.’ To the inquiry of the
Timex, we answer yes, if we of the South
are “anybody."' At the close of the war
wo were promised "that the South should
be more prosperous than it ever had
been,” and this was to be under Republican
(so called) rule, with a military vengeance.
But where is the prosperity? The South,
hopeful havebcou like Wilkins' Micawber,
waiting for the prosperous days to turn
up ; but, unfortunately, they all turned
down—to so low a depth as to almost
superinduce that lamentable condition
which caused the aforesaid Micaw-
j her to “present an oyster knife
at the Twins upon befogchildishly solicited
for two pence to buy lemon stunners.’'
I'erhaps anything we mightsay wouldouly
be set down as tho grumbling of disloyal
ists. Fortunately, however,we are provid
| ud with testimony radically loyal—Mr.
1 Kellpy, of Pennsylvania—than whom no
i one is more loyal, says, in bis speech in the
\ House of Representatives on the 28th inst:
Boston and New York are gorged with
| money, and the public deposits lie there iu
I volume to he speculated upon; which the
! South and West are without the means ot
making tho commonest exchanges of com
modities save by barter. There is not cur
rency in the South and West wiih which
to uo marketing and the common retail
1 puiehases, and the people are compelled to
I use, and do use openly, yet not iq defiance
! of law or the Government, but simply
| because it is their ouly medium of ex
change, counterfeit representatives of the
currency of the* United States. \V hen I
put the question to man alter man in the
South wno was passing or receiving coun
terfeit paper: “Do you believe you are
injuring the Government or its currency
by tliis?” the answer was: “Not at all,
Sir; not at all; society cannot exist with
out some medium of exchange, and we had
better be found with live or ten or twenty
or hhy or a hundred dollars counterfeit
paper when the day of settlement comes
and we can procure a lawful currency than
go hack to barbarism.”
Mr. Kelley’s picture is not overdrawn.
Even the “ colored ” citizens appreciate
the scarcity of currency as seriously as
the UN-colored. The loyal colored, or
colored loyal begin to think that the
promises of'their dear Radical friends are
intended “to let out darnness ’’ only and
nut Greenbacks.
The Times says “ money is plenty be
cause London is sick at heart. So have
we been. When will Congress give us
terrafirrna to stand on?”
By parity of reason wo deduce that
money is scarce at the South because she
it sick in the region jusk below the heart
for want of nourishment. There is no
confidence. The flow is to the great heart
centre. Everything languishes. Will the
presput Congress even give relief, the best
relief, the only true relief- —cease military
rule ?
The llatlleai Quarrel.
The Radical quarrel, which has resulted
in the death of 0. 0. Richardson at
Atlanta, is one of their own getting up.
Tho Southern “disloyal” are in nowise
concerned. It is only “a little affair” over
spoils. The readers o( the Chronicle &
Sentinel may well gather its origin from
the following communication, which ap
peared in the Atlanta Opinion of the 30th
of January, which is reported to have
emanated from the penof Captain Titnony,
at whose hands Richardson met his death:
0. 0. RICHARDSON, MEMBER OF THE GEOR
GIA CONSTITUTIONAL CONVENTION, FROM
SKOWHEGAN, MAINE.
The above named individual, who en- j
te'red the Federal service as a cook for a
sub-Lieutenant ot a Maine regiment and j
finally woiked himself up to the exalted
position of Agent ibr the Freedmen’s i
Bureau, and who now sojourns in the city
of Augusta, where he found himself upon j
being discharged from said Bureau for |
worthlessness, aud who misrepresents the j
county of Baldwin, in which county lie lias i
never presented bis beautiful physiogno
my, presumes also to attemp.t to regulate
matters in a meeting of tho Republicans of
Fulton county.
The Chairman of the Executive Com
miteee of the Republican party iu Fulton
county, having called a meeting of the
Republicans of tins county to meet last
night at the City Hall to elect delegates to
the State Convention, a large meeting was
held for th»x purpose. The above named
“so-called Honorable Gentleman, ” having
no home in “particular” in the State ol
Georgia, supposed he had the same right
to participate in the above alluded to meet
ing in iu meetings in Augusta or Miiledge
villo or other points where he happens to
be sojourning, not only took a part, but a
double I'm t,u\ the meeting, lleand others
were on hand to manipulate the tneetiug,
with their printed tickets for delegates,
hoping to secure a delegat or) from this
county iu the interest of Mr. Bullock, of
Augusta. Upon finding that tho meeting
was unanimously for Farrow, the manipu
lator from Bkowhegau began fillibustering.
Having secreted himselt in a cluster ot
colored citizens, he succeeded in having a
motion made for the reconsideration ot so
much of the proceedings as were not to his
notion. Tne vote being called for by a show
ot' hands, the Skowheganite “guessed”
that all around him would vote with him,
and feeling a deepinterest lor Mr. Bullock,
thought he would go a couple ot hands.—
80, upon the call, up goes tvvohands, white
hands, when there was hut one white man
and when none of the colored citizens fol
lowed him a- he expected. It thus became
obvious to all that Skowheganite had
show n his hand—ia a double handed way—
much to the disgust of the Fulton county
Republicans.
Now, Mr. Skowheganite, all the way
from Maine, if your mission is to force Mr.
Bullock upon the Republican party of
Georgia, by your officious intermeddling
and double-handed work, we suggest that
you at ali events coutiueyour operations to
the county in which \ou are tmw sojourn
ing (Richmond.) or the one you misrepre
sent (Baldwin) and tease your interference
in Fulton. If the Skowheganite be a fair
sample of those who are endeavoring to
make Mr. Bullock Governor of Georgia,
then we would say to t hat excellent and
worthy geutleman, in the language of a'
classic writer, “Let others fear their ene
mies—do you beware ot your friends.
Fulton Republican.
Eclipse of the Sun.—A aong the in
teresting announcements for the present
month is one iu the almanacs to the effect
that there will be a central eclipse of the
sun on the 22d inst. The phenomena of
nature are always sublime and attractive,
and though partiu' eclipse may be compara
tively frequent, yet those which are total
or annular are rare, and afford grand
spectacles tor all who admire the grandeur
and beauty of nature. It would be well
tor our readers, therefore, who wish to en
joy the spectacle to remember the time,
and prepare their smoked glasses.
I*. 8. We should not omit to mention,
however, that if they wish to observe this
eclipse they will Late to goto Africa cr the
middle of toe South Atlantic ocean, as it
will not be Visible lutae L rated States.
A Specimen Drive:. —The Cuthbert
Appeal says, in exposing the treachery and
hypocrisy of J. 11. Caldwell, ouc of the
scalawags in the Atlanta Convention:
"Fis virtuous aspirations and advice to
that assemblage savor of blasphemy and
mockery, waen we call to mind the fact
(which cau be established beyond dispute),
that during the late war he even urged
w.tb all his powers the assassination of
President Lincoln. Now, we suppose, his
‘new idea’ and that ‘marked change’ he
boasts of, would impel him. it he dared, to
execute a similar purpose upon Mr. John
son, and a hecatomb also of rebeis, yclept
‘rampant traitors
Not that Man or Woman. —lt now
appears that it wasn t either Mrs. Akers
or Mr. Bail who first in verse desired their
respective mothers to rock them to sleep.
As long ago us 1559, a blacksmith, resid
ing in Lexington, Ga., named Edward
Young, contributed the poem to the
Southern Fold and Fireside. This is
j vou bed for in print by the compositor
who set it up.
The \ew Revolution.
Every thoughtful and observant mind
J in this country must be painfully impress
ed with the imminence of a great political
and social Revolution—one in which the
e'ash of arms will take the place of noisy
Congressional babble- -the blatant hostor
l fog of a venal Press be superseded by the
j roar of musketry, and the pen and ink
thunder fulminated from the Executive at
Washington against the Jacobin Congress
will be lost iu the terrible- roll of fire and
carnage belched forth from the red-hot
mouths of angry cannon on a hundred
j battle-fields. “Coming events cast their
I shadows before,” and the intelligent mind
i of tile country already perceives the dark
1 shadow of the angry war-cloud resting
j upon the dome of the Federal Capitol.
The fiery shadows of a terrible revolution
are hovering over this once happy country
from the Passatnaquoddy Bay on the east
to Norton s Bound on the west, and from
the •unny Laud of Flowers to the frozen
regions of the Great Lakes.
While it may be, and doubtless is, true
that the indications of the coming revolu
tion are not patent to the vulgar eye, it is
none the less true that causes are now in
operation which, judging from all the
known rules of reason and of logic, will ere
long precipitate this country into one' of
the fiercest struggles which has ever
-courged the earth since the war of the
Red and White R ises. Civil wars, in all
stages of the world’s history, have been
characterized with more of fierceness
and bitterness of feeling, and conducted
with greater desperation and brutality than
arc- ordinarily incident to a state of war
between separate nationalities.
If in the late desperate struggle between
the North and South the teachings of his
tory were somewhat modified in the general
conduct of the belligerents toward each
other, it must be borne in mind that ours
was intrinsically a sectional and not a civil
war, as the latter term is most generally
understood ’There were but slight and
insignificant divisions among the people of
the North, and certainly none in the
Bouth, as to the results which each section
was straining every nerve, and enlis fog
every man capable of' bearing arms to
secure. The entire people of the South
desired to set up and establish a separate
independent Government. The great
body of the Northern people struggled to
prevent a disruption of the Union. South
of the Potomac we were a unit, North of
that stream they were nearly so. Hence
our escape during the four long years of
war and carnage from the terrible perse
cutions, sufferings aud barbarities which
have heretofore marked the progress of
civil war in other countries of the world.
The struggle now impending will be
altogether of a different character. It
will be eivil war in its most earnest, severe
and revolting aspects. It will be waged
literally by brother against brother, and by
father against son. At least such will bo
its Northern and Western aspect and
character. This teriibfe and destructive
war is being fostered and encouraged now
at Washington. The Southern people are
free of its guilt and crime. They are but
mute spectators of the grand and gloomy
drama now in rehearsal at tho nation’s
capitol. The struggle is being precipita
ted by a factious aud revolutionary cabal in
Congress, against the life of the Govern
ment, and the rights, safety and liberties of
the people of the whole country.
The revolutionary party have tho entire
control of one of the co-ordinate branches
of the Government, and have so “cribbed,
cabinned and confined” the power of another
as to leave it but a shadow of its legitimate
rights and prerogatives, while the third is
about to be carried by one of the boldest,
most reckless and unjustifiable assaults
upon its constitutional power which the
history of Constitutional Government has
ever recorded. One of the most alarming
features in this stupendous crime is the
fact that a successful military chieftain,
with laurels fresh and green, from recent
fields of carnage, strong in the affections
of the people, and popular witli his Into
associates in arms, has thrown the whole
weight of his power aud influence upon the
side of the Jacobins.
To General Grant more than any living
man, the country looked for aid, influence
and support in the proper settlement of
the vital issues which the Jacobius have
thrust upon the country. lie alone, per
haps, under the blessings of Providence
could have stayed the coming storm and
turned its angry billows from the nation’s
breast. The people of the North loved,
venerated, and idolized him ; the Bouth
regarded him with feelings of respect
and confidence, akin to gratitude.—
! Standing between the late combatants,
and regarded by both with the feelings
| just described, with a nod of Lis
plume or a single waive of his sword,
ho could have said to tho troubled
waters of intestine strife “Peace, be
still.” lake Washington he was regarded
as too great and too good to be appropriated
by either section. He was the “middle
man” to whom all eyes in this great coun
try were turned in anxious solicitude for a
final, peaceable and fraternal settleuieut of
the issues which have so recently drenched
the whole country iu fratricidal blood.
With neither the patriotism of Conic- :
lanus, the integrity of Brutus, or infiexi- i
ble honesty and purity of our own Wash- ;
ington, he has, ‘‘like the base Judean, j
thrown away a pearl richer than all hts
tribe,” and chosen the role of despot rather
than that cf patriot and benefactor. If
Rome had her Crezar, England her Crom j
well, and E'rance her Bonaparte, it has .
been reserved for the United States of
America to produce a Grant —who, with- i
out the greatness which gilds crime as a
virtue, or the love ofliberty which stifles:
personal ambition for a country’s good, has
shown that the lust for office and the
aspiration for despotic rule, has found 1
iu him its highest exemplar among the
living or the dead. The bright star of
his glory aud renown, which rose with so
much promise at \ ieksburg and culminated
in ifs meridian splendor at Appomattox
Court House, has gone down amid the
tears of his friends and the seoffiugs of
his enemies, and sank beneath the foul
plottings of a revolutionary cabal at
t» ashington.
The Jacobins are now forging the last
link in the heavy chains of despotism,
with which they hope to letter forever the
genius of Constitutional liberity. W ith
an overwhelming majority in both branches
of Congress, backed by the name and in
fluence o: the onoo poweuul Grant, they
propose to make short work in removing
the only obstacle which now interposes be
tween their designs and their early con-
summation. The Executive will be im
peached, and, pending the trial, will be
suspeuded from the exercise of the
functions of his office, under the operation
of the Bill now pending, and which will, in
a few days, become a so-cailed law of the
land. The Supreme Court, fettered and
abridged of its Constitutional powers, will
• he rendered powerless to or im
pede their wicked purposes, and thus the
liberties of the people and the welfare ot
future generations lie in the iligotten
power of a few bold bad men.
That those measures will lead to a conflict
of arms—that the arbitrament of force
will be speedily appealed to —seems to be
the conviction of those whose position and
presence at thecapital gives them the best
opportunities lor forming a correct opinion.
The eyes of every true friend of Consti
tutional liberty are now turned upon the
great cent ral figure around which the hopes
of the people are anxiously clustered.
Andrew Johnson has now, or will have, in
a few days, the opportunity ol showing the
A< GUST A, GA., WEDNESDAY MORNING, FEBRUARY ?868.
nietal of which be is made. If he shall
prove to be even moderately po-sessed ot
the beroie virtue, indomitable courage and
determined bravery of the hero of New
Orleans, all may yet be well. As the
heat of the furnace gilds and refines pure
gold, even so may the fiery trials and per
plexing difficulties w hich now surround the
Executive,bring into bold relief those quali
ties of head and heart which enabled his
Dame-sake and predecessor to overcome all
difficulties and overthrow all attempts to
destroy the Government.
While the issue is [lending and the
struggle progressing the people of the
South can do no more to aid the right than
by holding up the hands of their Moses,
even as the Israelites of old held up the
hands of the great Jewish law-giver.
The Alabama Election-- Its Lesson.
The returns thus far received indicate
the rejection of the negro constitution sub
mitted to a vote of the people of Alabama
last week. The white people refused to
vote, and, through the workings of their
Conservative Club3 in the different coun
ties of the State, succeedel in keeping
from the polls a large number of the more
decent and respectable negroes. The
carpet-baggers and scalawags, through
their Loyal League machinery, made her
culean efforts to carry the State. Frauds of
every kind were resorted to. In hundreds
of instances negroes were hauled about
from county to county, and made to vote
under the protection afforded by General
Pope’s order permitting voters to cast
their ballots in any county in the State
upon making oath that they had been
registered. Aimed runners, provided
with bogus military orders, were sent out
upon the different plantations, and the
poor negroes forced to the polls under
threats of personal violence or imprison
ment. The elections were managed and
held in almost every precinct by persons
who were themselves candidates, and
every trick and contrivance known to
thieves aud bullies resorted to to procure
the ratification of the bogus Constitution.
Money wassent freely from Washington,
and the State was flooded with Radical
tracts and documents (which, by the by,
could not have produced much effect upon
the mass of the Radical party, who, wc all
know, cannot read), gotten up with special
reference to the Alabama market.
The Conservative citizens of Alabama
determined to kill the monster and set
themselves resolutely to work toaccomplish
that result. Committees were appointed
in every election district, charged with the
duty of protecting, from personal violence
or injury, those of the negroes who did not
wish to vote. Challengers were selected
and sent to every voting box, who watched,
challenged and took lists of illegal votes.
Committees were detailed to count and
examine the ballots cast and make footings
of the tally sheets. All this was done by
the white people of Alabama, to prevent
the government of their State from passing
imo tho hands of negroes aud mean whites
and at a sacrifice of much time, labor and
expense. They took sufficient interest in
the present and future welfare of the
State to make these noble efforts to
preserve and protect them.
We commend to our Georgia readers
the conduct of their Alabama friends as in
every way worthy their imitation and
emulation. In a few weeks we shall have
to pass upon the bogus Constitution now
being concocted by the menagerie of un
clean beasts in Atlanta under the tutelage
of such sages aud statesmen as the negroes
Bradley, Turner and Rumley, aud the
less capable and honest carpet-baggers
Bryant, Prince, Price & Cos. In this
State, even by the fraudulent registry re
turn of Pope’s tool, Hulbert, the whites
have a majority of about one thousand
registered voters. In Alabama the ne
groes had a majority of over twenty thou
sand voters. If the white people of Ala
bama have been able to defeat mongrelism
where they have a majority of twenty
thousand against them, should we not
confidently hope to kill it here where the
whites have a majority of one thousand,
if the people will do their duty as con
scientiously, as bravely and as energetically
as our Alabama friends have done theirs?
Charles H. Hopkins Again.
The Savatinah Advertiser says: We
publish the following affidavit of one of
Mr. Hopkins’ fellow-Conventioners, prov
ing conclusively that he was the instigator |
of the riotous meeting of Tuesday. We I
learn that this affidavit and other evidence
has been forwarded to the military authori
ties, and we sincerely trust that they will |
take immediate measures for the arrest j
and punishment of this black hearted
agitator of strife:
State of Georgia, Chatham Cos., j
City ot Savannah. J
Before me, the undersigned, personally
appeared Moses H. Bentley, who being
duly sworn, says:
The political meeting or assemblage
which took place in this city in Chippewa
Square and which afterward adjourned to
an unfinished building on New street, on
the afternoon of the 4th iust., between the
hours of 3 and 5 o’clock, p. in., was called
by Charles H. Hopkins and Henry Hamil
ton Eden, iu a public meeting which took
place in the same huilding, between the
hours of 8 and 10 o’clock, p. m., on the
night of the 3d inst., and which was the
largest assemblage 1 have ever seen in the
building. It was not a meeting of any
club or league, but was a public political
meeting. Ido not think any notice was
given either to the Mayor of the city, or to
the military authorities, of this meeting.
1 am positive that the meeting which took
place on the afternoon of the 4th inst., and
which resulted iu riot and bloodshed, was
called by Charles fl. Hopkins and Henry
Hamilton Eden.
On the morning of the 3d iust., Charles
H. Hopkins asked me if 1 would assist j
him in getting up a public political meet
ing to take place iu Chippewa Square on j
the afteruooL of the 4th instant. I told
him I would, provided he would give the
notice required by Gen. Dope’s order and
the Mayor’s proclamation. He said there
was uo necessity of giving any notice, and
turning to Col. Emory, of the United
States army, who was standing a few
paces off, asked if he had any objection to
the meeting being held. Col. Emory re
plied that he had nothing to do with such
matters. I then said to Hopkins: “The
Mayor is now in the United States Bar
racks with Col. Maloney; go and see them
and notify them of the meeting.” He
promised, to do se, when I left him and
did not see him again until I saw him at
the meeting in New street, between 4 anu
5 o’clock, p. m., oq the 4th inst.
Hopkins was just finishing his speech
when I entered the building He went
I out one door as the Chief of Police came
iu at the other. When I attended the
meeting on the 4th inst., I believed that
llopkias had kept his promise to me, to
' give the e vil aud military authorities the
required not’ee.
1 The foregoing statement is made by me
at the request or suggestion of no cue. i
; make it so that all blame can rest on the
| head of the proper person, who is Charles
11. Hopkins. Moses H. Bentley.
Delegate to the Georgia Convention
from Chatham county.
."'worn to and subscribed before me,
this sth day of February, I S6S.
Thomas H. Laird,
Notary Public.
County Court. —The boy, Mike Sulli
van, charged with the killing ot the negro,
Lindsey Clarke, and whose examination
was commenced and continued last week,
on Wednesday waived an examination, and
was bound over in the sum of $3,500 to
the next term of the Richmond County
Superior Court, on the charge of man
slaughter.
A Correction.— We are gratified to
learu, says the Fernandiua Courier, that
the rumors of the prevalence of cholera at
Cedar Keys has turned out to be untrue.
Several deaths did occur there very sud
denly and under such circumstances as to
excite fears ot its being cholera, but it was
ascertained that the cause was the use of
poisoned whiskey.
Democra it' Meeting.
Avery respectable number ot the Dem
ocrats of the Third Ward assembled at the
Hail of Blanncrbassett Hose Company,
lor the purpose of organizing* Democratic
Club in that Ward.
Colonel Claiborne Snead was called to
the Chair, and in a few eloquent remarks
announced the object of the meeting,
L. T. Bloine was requested to act as
Secretary.
John L. Ells, Esq., then adressed the
meeting in favor of its ohfeet, and offered
the following resolution:
Rescind. That the Democrats of the
Third Ward be organized into a club to be
called the Democratic Club of the Third
Ward, and that a Committee of three be
appointed to select suitable officers and
prepare by-laws for the government of the
Club.
The resolution was then unanimously
adopted.
After some remarks by Messrs. John
Phinizy, Jr., C. W. Harris and Philip
Cohen, on motion of Mr. Purcell, Mr.
Estes was added to the Committee.
On motion of Mr. Ells, the Chairman
was added to the Committee.
On motion of Mr. Harley the Committee
was instructed to invite Mark M. Pomeroy,
“Brick,” to visit Augusta when he comes
South.
.After some further remarks the meeting,
on motion, adjourned, subject to the call
of the Chairman.
Site Timoney-Ulchaldson Homicide.
The Atlanta papers publish the follow
ing letters, which were produced and read
during the examination of Timoney before
the Committing Court. The affair origi
nated from the publication in the Opinion
of aycomuiunication written, as it subse
quently appeared, by Capt. Timoney, in
which Richardson was charged, among
other things, with having held up loth
his hands during the count of a vote in a
Radical caucus:
Marietta, Ga., Jan. 31, 1868.
C. C Richardson, Member of (Jonven
tion:
Sir—l have just learned that you called
on Air. Scruggs, editor of the Opinion,
and demanded the name of the author of’
the article signed “Fulton Republican.”
lam the man. I charged you with hav
ing voted with both hands in a meeting
where you had no right to participate. 1
now repeat the charge, and can prove it.
If you have any desire to see me in re
lation to the article, you will find me and
tuy friend, Col. H. P. Farrow, at the
corner of Alabama and Whitehall streets,
in front of James’ Bank office, at 4 o’clock
p. ui., next Monday.
12. Mcßarron Timoney.
col. farrow’s note.
(J. C. Richardson , Member of Conven
tion :
Dear Sir—The appointment made for
me this afternoon at. 4 o’clock, was made
without my knowledge or consent, and I
disapprove, of it, and will'not regard it.
Very respectfully, &c.,
Henry P. Farrow.
Atlanta, Feb. 3, 1868.
E. Mcßarron Timoney: Your note has
been received, and I called at the time and
place, but you was not in. Sir, your
article published iu the Daily Opinion ,
charging me with having taken part in
your caucus, is a foul, lie from the begin
ning to the end. Your appointment to
meet in the public streets of' a city, is
evidence of your despicable cowardice.
I hereby charge you with being a
coward and a liar, and leave you with
such satisfaction as you desire.
Communications addressed to 11. I).
McDowell will receive prompt • attention.
National Hotel.
Your obedient servant,
Feb. 3. C. C. Richardson.
[The last is the letter which Colonel
Timoney refused to receive from Mr.
McDoyell.]
Alabama loiectlun.
Montgomery, February 10, a. m.—-In
thirty-four counties the vote for the Con
stitution stands 51,733. Registration in
the same counties 111,269. This includes
all the negro counties but Hale and
Marengo. The twenty-six remaining coun
ties have white majorities and will not vote
at all. To carry the Constitution 86,000
votes will have to be polled.
A Black Chapter.
BLACK CROOK DRAMA AND BLACK CROOK
LITERATURE.
[From the A. Y. Herald .]
The “Black Crook” marks anew era in
the history of the stage. The managers of
Niblo’s have carried us back to primitive
models. We know now what is meant by
the simplicity of nature. To tho theatre
going public of Acw \ r ork the phrase “a
feast lor the gods” has now a well-defined
and intelligible meaning. Olympian Jove
himself never feasted bis eyes on more at
tractive specimens of female beauty than
has been the privilege of every citizen of
New York for the last sixteen months.— ’
Never, even in Greece, did the female
figure assume such lovely proportions, and
never was the form of woman so skillfully
exhibited. The wisdom of thy manage
ment aud the taste of New Yofk city have
been proved by a pecuniary success which
is without parallel iu theatrical enterprise.
The “Black Crook” has yielded up its place
to the “White Fawn,” and what the“ Black
Crook” was to ail previous spectacular
dramas, that the “White Fawn” is to the
“Black Crook.” In magnificence of'arti
ficial scenery, in the gorgeousness and mul
tiplicity of its living tableaux, in the art
ful revelations of forms of beauty which
rarely meet the vulgar eye, the “White
1 Fawn” stands alone. In other words, a
more gaudy, more attractive, more insinuj
ating, more questionable exhibition was
■ never witnessed. It is no figure to say that
on the boards at Niblo’s vice has been
made lovelv—at least us lovely as vice can
I be. The success of the “White Fawu”
wid be certain to beget countless and ex
| travaganc imitations, and to drive every
where the legitimate drama from the stage,
i The stage, as we have said before, enters
i henceforth upon anew era in the United
i States; New York city in particular, rntfst
| be credited with the innovation.
It would certainly have been strange if
' the proved success of the “Black Crook”
j aud the promising success of the “White
j Fawn,” had not in some tease told on our
! current periodical literature. That it would
!so teil it was natural to expect. That it
: has so told is a fact which ought not to
; excite surprise. Os our “Black Crook”
i literature, however, it is impossible to
speak in the same soft and delicate terms.
Binee the commencement, of the “Black
| Crook” at Niblo’s, our illustrated seosa
i tional papers have' mul'tipi ed to an ex
| tent never before known. Such is their
i success that almost every week gives birth
i to another monstrosity, and the latest isal
| ways more daring, more fleshly,more brutal
| than any of its predecessors. The sale of
i these journals, in fact, is enormous. The
j more respectable, illustrated papers have
i no chance beside them. They are bought
| by thousands and by tens of thousands,
and circulated freely over tho whole coun
try. Their influence cannot but be im
mense, and 'it is impossible to speak of
that influence but as demoralizing in the
; last degree. The shades of Ho'lywell
, street, London, in the most filthy times,
never revealed such pollution as that
which meets the eye in the wisdows and
on the stalls of every news-vender. We
are not surprised that our friends in
the Quaker City shoa'd be up in
arms against it. Why such sights
should he tolerated re can only ex
plain on the principle ttat’tbc moral sus
cepiibilities of" the community have been
blunted by the spectacle at Niblo’s. The
thin vaii which in the "Black Crook’
drama was thrown over indecency has
been torn asunder: aud now “Mack
Crook’ ’ literature riots iu every species of
abomination. Whatever is most shocking
and most indecent; whatever is most bloody
and most brutal: whatever, in fact, re
veal' and panders to gross desire and
fiendish passion, is photographed to the
life. Suggestive exposures ot the person,
indecent scenes in private life, daggers
dripping with blood in the hands of the
assassin or buried to the hilt in the vic
tims breast, pistols in the act of explod
ing, faces and garments besmeared with
blood and brains —such are the illustra
tions most in favor, if it is true that the
character of a people may be determined
by the literature on which it mentally feeds,
the morals of this city must be sufficiently
low. Sodom and Gomorrah. Herculaneum,
and Pompeii in their worst state, could not,
surely, have sunk to lower depths of in
famy and vice. Fire and brimstone do
stroved Sodom and Gomorrah. The lava
of T esuvius buried Herculaneum and
Pompeii. Nature, as we have had warn
ings of late, has not given up playing such
tricks. In spite of our much water it is
; not impossible that we may be engulfed in
a similar ruin.
Decisions of me Court, now
8m;o* in Mtlfedt'rviUe.
Reported Specially for the Southern Recorder.
Green B Hurley i* David B Gaulev and
Charles II Burke—From Stewart.
V> alker, J—Where the Court below
grants anew trial, and no principle ot law
is violated, this Court will not disturb the
ruling.
inis Court will more reluctantly control
the action of the Court below when anew
trial has been granted than when one has
been refused. Judgment affirmed.
B S Worrill, M Gillis for Plaintiff. <
J S Wimberly (by the Reporter) for De
fendant.
Singleton A Thornton vs Moses Hollis—
Motion to open a J udgment—From Ran
dolph.
Walker, J—This Court will not con
trol the discretion ot the Court below, ex
cept in a case where the discretion has been
abused. Judgment affirmed.
C B Wooten for Plaintiff.
B S Morrill for Defendant.
David II Bryan vs The Southwestern Rail
road Company—Assumpsit—From Ran
dolph.
A hon-suit should not be awarded when
the plaintiff makes out a prima facie case.
Where the evidence tends to prove a
part performance of a parol contract, the
Court should permit the case to go to the
jury, and instruct them as to the legal
principles applicable to the facts proved.
J udgment reversed.
II Fielder tor Plaintiff.
DeGraffeoreid, Ilood for Def’t.
Jacob L Cobh vs Megralh & Patterson—
Possessory Warrant —From Randolph.
Walker, J.—To entitle a party to re
cover the possession of personal property
by possessory warrant, he must show that
the property had previously been in his
posse.-sion. Judgment reversed.
II Fielder for Plaintiff.
A Hood for Defendant.
A S Louis & Cos. et al., vs Bamberger,
Bloom A Co —Equity—Fiom Randolph,
Walker, J—Although it is a general
rule that on the coming in of the answer.
plainly and distinctly denying all the facts
and circumstances upon which the equity
of the bill is based, the Court will dissolve
the injunction; yet, in some particular
cases, the Court will continue the injunc
tion, though the defendant has fully an
swered the I’ljuity set up. The granting
and continuing of the process must always
rest tn the sound discretion of the Court,
to be governed by the nature of the case ;
and this Court will not control the exercise
of that discretion except in a case where
the discretion has been abused. Judg
ment affirmed.
Strozier & Smith, Platt & Jones, Doug
lass for Plaintiff.
Fielder, Hood for Defendant.
Thomas J Cox vs Sarah Felder—Attach
ment —From Webster.
Walker, J—An officer of one county
may issue an attachment returnable to the
Courts of another.
An executor, de son tort, who is remov
ing the assets of deceased out of the county
is liable to be attached and the assets
levied upon. Judgment reversed.
W A Hawkins for Plaintiff,
S il Hawkins for Defendant.
William A Creamer vs N A Smith, Sol
Gen—From Decatur.
Walker, J—Where the Bulicitor Geno
itil is appointed to see that the grounds of
divorce are legal and sustained by proof
(under Section 1687 of the Code), he may
introduce evidence and enter fully into the
defence of the case.
The Court has no authority to order the
husband to pay the Solicitor Genc-ai for
this service. Counsel fees are allowed as
“expenses of litigation,” and can be grant
ed only on the application of the wife.
Judgment reversed.
Law & Flemming, 11 F Lyon for Plain
tiff
N A Smith, Sol Gen, for Defendant.
Jolui ll Moody vs John Ellerbie, Adm’r of
Stephen Royal—From Randolph.
Walker, J—Asa general rule, a Court
of Equity will not interfere with the regu
lar administration of an estate by the rep
resentative; and to authorize such inter
ference, the facts must very clearly ghuw
there is a good reason for so doiug.
If the indebtedness of one be the foun
dation of the credit given to the other
party, and which cannot he enforced at
law, this may sustain a set off in Equity.
Where a judgment debtor of an estate
which is solvent and owes no debts, pur
chases the share of a legatee of the estate
in the debt, and there appears no reason
why the representative of the estate should
collect said share, except for the purpose
of paying back the money to the debtor.
Equity will restrain the collection of such
portion of the judgment, and order it
credited on the judgment. Judgment re
versed.
II Fielder for Plaintiff
Hood, West Harris for Defendant.
Samuel D Irwin, Adm’r, &e., vs. John T
Howard etal. —From Terrell.
Walker, J.—The traverse of the p'aiu
tiff’s affidavit for attachment must be
made at the return term of the attachment.
An affidavit for attachment, stating that
“defendant is actually removing or about
to remove out of said county,” is valid.
A .substantial compliance with the re
quisitions of the attachment laws, is suf
ficient ; and the bond given by plaintiff' is
amendable by the consent of the securities.
Declaration iu attachment is amendable.
An affidavit lor attachment need not
describe the evidence of debt—it may
state “the amount of the debt claimed to
be due,” and the pleadings should de
scribe the cause of action.
A plaintiff in attachment may make it
returnable to the term of the Court in
which he elects to sue, next after the is
suing thereof, provided such Court shall
not sii within twenty days after the issuing
of the attachment. He may make it re
turnable to the next term of the Superior
Court notwithstanding a term of the Coun
ty Court may intervene.
Wbete a defendant in attachment re
plevies, the property attached by giving
security, bis sureties are liable as “securi
ty on appeals,” notwithstanding the loss
or destruction of the property levied on.
A bond, with sureties, given by a de
fendant in attachment to replevy property
levied on, conditioned that defendant shall
appear at said term of said Court, and
shall aoide by and perform the order and
judgment of said Court in the premises,
and pay the said plaintiff' the amount of
the judgment and costs that he may re
cover in said case as valid, and author
izes the plaintiff to enter up judgment
against defendant and sureties for the
amount of the judgment that he may re
cover in said case.
When three attachments are levied, and
one bond given to replevy all the property
levied on, judgment may be entered against
tne defendant and sureties on said bond
for the amount of the judgment iu each
ca-e. Judgment reversed.
Jjyon, Hood, Hall for Plaintiff.
Morgan, Hawkins, McCay for Defend
ant.
Lucy J Whatly, et 01., vs Zaehariah Sia
ton et al —From Dougherty.
Walker, J— Where a bill in Equity is
dismissed, it is out of Court aud no decree
can be rend red upon it.
The ordinance of the Convention to set
tle the equities between parties, applies in
terras to contracts and not to wills.
The “instructions” given bv the Court
to the executor are proper, but they should
have been embodied in a decree. Judg
ment reversed.
S D Irwin for Plaintiff.
Ljon, DeGraffonreid & Shorter for De
fendant.
Win T Vanduzer, adm’r of Ira Christian,
vs Robert McMillan —Equity—From El
is rt.
Warner, C J—Where a long and com
plicated account between mercantile part
ners had been referred by the presiding
Judge to an auditor to report thereon, and
his report bei .g hied, on the first day of
the term of the Court at which the trial
was had and the defendant and his counsel
having made an affidavit in writing, that
they believed that said report was erro
neous in its results, that they had objec
tions to the same and desired to except
thereto, that they could not do justice to
said cause without farther time to examine
the same, and that his counsel, on account
of their engagements in the Court, have
not had time to make the exam
ination of the report and to file exceptions
thereto, that the application for continu
ance was not made for delay, but to
enable them to make a proper preparation
for the trial of said cause:
Held, that under the peculiar state of
the facts which existed in this case, the
ends of justice required that a continuance
of the ease should have been granted by
the Court.
Where an Auditor had been appointed
by the Chancellor in vacation upon the ez
parte application of the complainant, with
out the consmt of the defendants, to in
vestigate the accounts between the parties
and report tbe result thereof to the next
term of the Court: Held, on exception be-
ing taken to the report of such Auditor and
to his appointment, that the provision* ot
the Code upon this subject superceded the
Act ol 1858. aed that, by a fair consfru j
tion of the 3070th, 3U7l.st aud 4112th sec
tions of the Code, a Court ot Chauceiy in
this State may refer complicated accounts
to a Master iu Chanoeiy, ;u the discrenua
of the Court, with or without the consent
of the parties; but such Court, nor the
Chancellor iu vacation, cannot appoint an
auditor to investigate complicated’ accounts
between the parties and make report there
on without the consent of both parties
thereto. The three sections of the Cod.
being in pari materia, must be construed
together
Held, also, that where one ot two mer
cantile partners is an attorney at Lw and'
after the dissolution of the copartnership,
a part of the debts due to the firm are
placed io the hands of one partner and
part thereof iu the hand of the
other partner for collection, the notes
and accounts so beiug placed in the
hands of the partner, who is an attorney
at law, does nut authorize him, assuch part
ner, to charge commissions for such collec
tion against the other partner, in the ab
sence of any special agreement to that
effect; the legal presumption is that he
was to collect the debts as partner for the
benefit of the concetti. If, however, it
had become necessary to institute suits for
the collection of the debts, and such suits
were iustituted by him, as an attorney at
law, he might be allowed for his necessary
professional services the same commissions
as would have been required to have been
paid to some other attorney at law for" the
same services, in the absence of any evi
dence that bis professional Services as an
attorney was to be rendered under the co
partnership contract. Judgment reversed.
Akerman, Hester for Plaintiff.
Toombs for Defendant.
Henry L Toomer vs. Henry J Dickerson—
Assumpsit—From Chatham.
Warner, 0 J—Whore a bond was exe
cuted in this State for tho payment of the
purchase money of ninety negroe slaves by
two putties, the one as principal debtor,
the other as security ouly, aud the creditor
to whom the boud was made payable took
a mortgage from the principal debtor on
the slaves sold in the State ol South Caro
lina, to secure the payment of said bond,
the mortgage beiug recorded in the latter
State but was not recorded in this State
where the mortgage resided at the time of
the execution of the same, end the negroes
so mortgaged in Carolina were shortly after
the execution of said mortgage removed
into this State. Held, that the foilure of
the creditor to record his mortgage in this
State within the time prescribed' by law
thereof, after the removal of the properly
into this State, was such au act of negli
gence or oinissiou of duty on his partus
increased the risk of the security, or ex
posed him to greater liability, and there
fore, according to the welfocttled rule of
this Court, recognized by the Code, ope
rated as a discharge of the security.
Held also, that when a citizen of South
Carolina seeks to- enforce his remedy on
his contract in the Courts of this State,
such judgment, is to be given as the laws
of this State authorize and allow, and not
such a judgment as the laws of South
Carolina authorize aud require.—Judg-
ment affirmed.
J. dissenting
Jackson, Lawton and Bassingor for
Plaintiff
Loyd, Ilartridge and Chisolm for De
fendant.
[ 'The transactions in this case with
Tucker, principal, in all its parts is a South
Carolina one, valid by its laws and should
be enforced in Georgia upou the principle
of tho lex loci contractus.
A creditor like Toomer, having taken a
mortgage on the negroes he sold to Tucker
simultaneously with the sale and at the same
time he took the bond of Tucker, \yith
Dickerson, security, for the payment of
the purchase money in aunualinstahnents,
is not bound to take active measures to
preserve the lien of his mortgage or to
foreclose it and compel payment for the
benefit of the security.
The negligence or default of Toomer,
with regard io the property or securities
held for the debt of Tucker, is only
material where it has resulted iu an actual
injury to Dickerson, and in that case,
lbekcrson, the .. um-ity, would .be un
charged ouly to the extent of the injury
sustained by him. ,
The securities held by Toomer and bis
remedies thereunder were not held by him
as trusts for Dickerson, the security, and
consequently bis failure to record his
South Carolina mortgage in Georgia with
in six months after its execution, does not
exonerate Dickerson, the security, to any
extent whatever.
The decision in Ist Geo R—Whitehead’s
ease —decides nothing ' that can affect the.
foregoing general principles. tVhit is
said obitur in that case is not authority.
The section of the Code* 2131, upon
which the decision below and here was
mainly placed, does not admit of the in
terpretation put on it; it contemplates
only the action of' the creditor, not inac
tion. The judgment below ought to be
reversed. 1 )
Harmon M Reynolds, et al. caveators, vs.
George F Bristow and John J Kent,
propoitnders —Propounding Will—From
Taliaferh..
Warner, C J.—By the 2388th section
of the Code it is declared that ‘no per-,
sou leaving a wife or child or descendant
of child snail, by will, devise more than
one third of his estate to any charitable,
religious, educational or eivii institution to
the exclusion of such wife or child, aud in
all cases the will containing such devise
shall be executed at least ninety days be
fore tho death of the testator, or such de
vise shall bo void :” Hold, that this sec
tion of the Code did not apply to a testa
trix who departed this life leaving no
child Or the descendant of a child, but that
the words, “iu all cases,” had reference to"
such wills only as where the testator hud a
wile, or child or descendants of a child,
and by will devised one-third or a less por
tion ofhis or her estate to charitable pur
poses ; in all cases of that description, the
will must be executed ninety days before
the death of the testator ortho devise of
the one-third or lesser portion will be void
and the wife or child, as the case may be,
will take one-third or other portion of the
estate attempted to be devised by the will
for charitable purposes. —Judgment af
fine"!.
Floyd end Ifoid for Plaintiff.
L Stephens for defendant.
James Gibbon vs. The State of Georgia—
Lareenj—From Chatham.
Warner, C J.—This case oomas within
the decision of this (Imp t made at the
December’ tertp, 1866, in a case in which
William Gifoon, a free person of color,
was plaintiff in error vs. The State of
Georgia defendant, in that ease it Was
heid, that "the Superior Court had no
jurisdiction of the offence of larceny from
the home alleged to have teen commit
ted by a free person of color on the ?,I day
oi February, 1866, prior to the pas.-age of
the Aet of 17th March, 1866.
In this case the offence is alleged to
have been committed on the 4th day o!
December, 1865, and therefore the juris
diction has been settled and we feel hound
tube controlled by the previous adjudica
tion of this Court, Judgment reversed.
T S Hasekine, for Plaintiff'.
A B Smith, Sob GenT., for Stale.
Sarnuel Montgomery vs. William Walker"
and Sarah Walter —Equity—Jfroju Gii
mor.
Walker, 0 J --When a bill was fi: 1
by a complainant who alleged that be \vo
t he'sole heir at law of deceased intestate
praying for an injunction to restrain a tem
porary administrator from wu.-ting the
estate pending the litigation for permanent
letters on the estate of deceased ; alleging
that he Imd been informed and believed,
that the security on the temporary admin
i-trator’s bond was insufficient, and that
the defendant was insolvent, which prayer
for injunction the chancellor refused to
sanction upon the ground that the com
plainant had an adequate common law
remedy, by requiring the temporary ad
ministrator to give additional security upon
his bond.
Held, that this Court will not control
the discretion of the chancellor in refusing
the injunction upon the statement of facts
contained in complainant’s bill; the mora
especially, as the charges made are waste
and fraud, on the part of the defendant,
are general without stating any particular
acts of \cai~-i by tlie defendant, or any par
ticular acts done by him which would con
stitute fraud a3 recognized by Courts of
Chancery'. Judgment affirmed.
W Boyd for Plaintiff.
H P Bell for Defendant.
Martha Bivins vs Jamos H Bivins—Equity
—From Schley.
Warner, C J—Where a bill was filed
by the complainant in the county of Schley
against the defendant, who, it is alleged
in the bill, resides in the county of Taylor,
charging the defendant wi th havingfraudu*
lently procured the title in his own name,
to certain lands situate in Schley county,
praying that the defendant may be decreed
to execute to the complainant a title to the
lands in the last named county and to ac
count for the rents and profits thereof:
NEW SERIES VOL. XXVII. NO. 7.
Held, that ou a demurrer lo said bill for
want of jurisdiction of the Court ia the
county ol Schley, the Court decided right
io sustaining the demurrer and dismissing
the bill. Tins ease is clearly within the
decision of this Court in Smith rs Bryan
(34th Geo R 35) and must be controlled by
it. Judgment alii lined.
Ilia ut id it Miller, B Hill for Flaintiff.
L L Hulsey, S Hall for Defendant.
Roe, cas eject., and John D Field, Tenant,
vs ttoe, e,c. dim of Wmjfoynton, et al.
—Ejectment—From Lumpkin.
Warner, C J—When a case has. been
fairly submitted to the jury upon the evi
dence awl no error in the charge-of the
Court is alleged and the verdict is not
manifestly and decidedly against the dvi
dunee, this Court wifi not control LLe dis
cretion oi' the Court below ing'effusing to
grant anew trial. Judgmeut affirmed.
W Boyd, J A Witnpev for Fi’ffi
H P Bell for Def’t.
Shelton, Oliver et al , Ex’rs of Wimpcy,
dec'd, vs A Hammond it al. —Com-
plaint— From Lincoln.
Warner, C J—• Where suit was institut
ed upon two promissory notes for the sum
of four hundred and. forty-eight dollars
bearing date 3d December, 1862, and due
twelve months after date, the considera
tion of which was shown to have been
cattle and a horse purchased at au execu
tor's sale, and that the property sold for
three or four times its va ue in good money,
which establishes the fact that the makers
of the notes received as const leration
therefor, property wot th atle ,st one hundred
and twelve dollars in goodmoney, whereas,
the jury found a verdict lor ouiy the sum
ot forty dollars seventy-six cents.
Held, that although juries are allowed
a liberal discretion in adjusting the equities
between parties under the ordinance of the
Convention, yet it is the duty of the Courts
to control that discretion when they abuse
it, as it is quite apparent they have done,
under the evidence in this-case. Judgment
reversed,
Akerman for Pi’ff
Toombs & Dußuse for Def’t.
Naniel Scott vs Amanda Scott Adm’x of
Samuel Scott.—Equity.—From Newton.
Warner, C J.—Where a bill was filed
to enjoin the collection oi' certain promis
sory notes alleged to have been given by
the agent ol a copartnership firm for ad
vances made by the agent for the payment,
of the debts of the copartnership ad one
of the partners being dead: Held, that
notes and receipts taken up by the agent
and in his possession from the creditors of
the copartners, calculated to explain, or
elucidate the transaction were udmissibl
in evidenoe, although we might not have
reversed the judgment on this ground
alone had we been entirely satisfied that
the verdict was right upon tho other evi
dence in the caii.se. Judgment reversed.
John JFloyd for Plaintiff.
Peeples and Stewart and W W Clark
for Defendants.
John Doe, ex dan, John U Stephens,
Flaintiff iii Error, wliosea Mattox, etal.
—Ejectment—From Oglethorpe
Harris, J—Attorneys at law may be
examine ; on oath to state the name of the
person by whom they were employed, but
ix is error Inrcqußc them to.st ite whether
it was his individual benefit or not.
A demise having Icon laid in the name
of Joint U Stephen - its administrator of
Thomas B'ephens, Plaintiff s counsel re
quested the Court to charge the jury, that
as Mich jch’iiiiisi idtor he was entitled to
recover the land sited for to the extent of
thg title shown to bo in the estate he
represented. This request was refused.
The refusal is error.
Held, that the motion for anew trial
should lave been sustained. Judgment
below reversed.
Matthews & Reid and H Toombs for
Plaintiff in Error.
A T Akerman for Defendant in Error.
W C Campbell so N C Campbell, Ex’rs,
&c Plaintiffs in Error, vs. Earnest C
Campbell and heirs at law and creditors.
—Equity—From Meriwether.
Harris, J. A bid to mar.-iial assets of
an estate aid enjoining creditors who had
reduced their claims to judgment before
the death of the testator, cannot by our
Code be entertained except in behalf of
executors and administrators who arc
without fault it. the pcriOrmance of the
duties assumed by them.
The Plaintiffs in this ease having disre
garded the directions of' the will and of
law are not entitled to the assistance of a
Court of Equity in relieving them from the
consequences resulting from their willful
disobedience. Judgment below affirmed.
1> Hill for Plaintiff in Error.
W Dougherty, Peeples & Stewart lor
Defendant in Error.
John TGrim, P : TT in Error, vs Stephen
A Sellars. —Complaint.—Fr .in Schley.
Harris, J.—The Plaintiff below in sup
port of his declaration put in. evidence a
note of Defendant dated 10fh April, 1863,
at one day, for $2, 931, “to he paid iu cur
rency that is at par,” aud closed.
A non-suit was then moved i..y t he Defend
ant ou the ground that Plaintiff had failed
to prove the value of theenrrency in which
the note was to be paid. The Judge over
ruled the motion, saying ih it the Plaintiff
was entitled to recover in currency what is
equal to gold. Tho reason, given by the
Judge is assigned as error: Hold that
the motion for non-suit was properly over
ruled, and that tlm meaning of the words
in the note was prima facie what was said
by the Judge. Ilcld.further, that under
the Ordinance thy D fondant vvaa let fully
in his defence into the explanation of the
words “currency that is at par,” and all
attendant circumstances connected with
the contract.
The case then proceeded to trial and
testimony was adduced by both parties as
to the contract, legal charges given by the
Judge to the jury. Verdict lor Plaintiff
for the full amount of the T.ota, No mo
tion was made for anew trial.
Held, however strongly impressed from
the testimony that there should have been
anew trial, the failure of Deloudaut to
move for one in the Court below, deprives
this Court of ail power to correct the
alleged injustice of the verdict. Finding
no errors of law in the rulings of the Judge
which could ’have led to such a verdict,
we are constrained to affirm the-judgment.
See Mary Ann Wright vs Geo. it. it Cos.,
34v01. Quo. Rep. p. 335. Also, Ellington
vs Coleman, 34 (lea -R7. Judgment
a ill • mud.
ißanfbrc) aud Miller for Plaintiff in
Error,
S Hail lor Defendant in Error*
fiJO.UHUMCATEI). j
Mr. Ldi/or: —Having ocee-.v si recently
to go over a good portion of the county
roads 1 was invited to go and see the
bridge recently placed over Spirit creek
commonly known as the Houghton bridge.
It was ptp up under the immediate super
vision of Mr. A. W. Rhode-; and Jas. L.
Springs, E-q., and is pronounced i>y all
who-have scon it to be an excellent super
structure, far surpassing any bridge that
has ever.been placed there. While pro
cefeding a slow gait, owing to the lalmost
.dK- eondiri in of the roads, I wa
led to pen a 13 v Sines to show bow acer
rain tiring " as managed to gratify a few
Radio Is —they.having thu WKv-ltt thing in
their chary . Why a rue quest ion of let
ting oar tau roads was agitated, the
Judges of the Inferior Court decided ad
versely to letting to Comrade!t-, -'.wing, as
was i.l ! cl. to"the high pJKe -.1 mantled
(thro highest being sJ.Ods).
’PHO Court v i-,.uicd to ! i; j llc hands,
overseers ...-id .--u perm .undent, and appoint
one of their number as Cooimissioner.
she pay being as follow*, such as is
being paid, or at least as I am in formed,
Judge J,:vy as Commissioner getssl,UOO;
Jesse Johnson as thipurmrepdem. gets
$800; two overseers (they have had two
until last week) fc&Xl ; twenty bauds (have
had thirty) 1 put at low figures $2,400;
aojl you have for hire; alone £4.801). To
this amount add horse hire and feed,
lumber for bridges, and rations for the
hands and I think it a small amount to
say $3,200. Thus we have a total for
working tbe road of $ > 000,
The contractors consolidated their bids
and agreed to furnish everything* and put
the roads in poud order for s3„Gott
J udge Levy vyas placed iu possession of the
bid, >or i saw it in bis poa*t*>sion, but that
together with other bids, was rejected, and
you see the result as far as financial man
agement is concerned. If any one has to
go or will go over any of the roads vyiihf/ut
an exception, they can see how *«ii the por
tion of the undertaking under such rule
has been accomplished. .Such is their
way of economizing. Tax Payer.
Macon & Brunswick Railroad. —At
the annua! meeting of the stockholders of
the Macon A Brunswick Railroad, held at
the office of the Company, in this city, on
Thursday, February 6tb, the .ollowiug
named gentlemen were elected Directors
for the ensuing year: Geo. LL Hazlehurst,
T. R. Bloom, Stephen (loll:ns. N. McDuffie,
Guo. 8. Obear, B. F. Ross, L. N. Whittle,
Cbas. Pay and James A. Barclay.— Macon
%ekf/rapp.
A man in Eiberton has found a bag of
gold, and wants the owner to call and get j
it, as he is tired of keeping it.
Fortieth lay's Proceedings of the
Georgia liHoiistUuiioinl Couvention.
CONDENSED FROM THE ATLANTA DAILY
INTELLIGENCER.
Saturday, Feb. Bth, ISGB.
B Conley moved a reconsideration of so
much of the action of the house yesterday
as related to the report of the Executive
Committee. As the report stood when
adopted, it required a residence of ten
years in the State to establish eligibility for
the Governorship! and he desired to have
it changed to six, which was the time
specified by the present Constitution of the
State.
7J B Blount opposed the motion, on the
ground that it was to tire best interest of
the State that the change should not be
made.
The motion to reconsider was put, and
the ayes and uays were taken, when they
stood ayes 64; nays 48. Sustained.
B Conley moved to strike out the word
“ten” in the second line of the third sec
tion, and the word “six” inserted in its
stead. Carried—ayes 71; uays 37.
The report was then adopted as amend
ed, and, on motion, referred to the Com
mittee on .Revision.
FINANCE REPORT.
W Shrops ire handed in a report from
the Finance Committee, which was read
as follows :
An ordinance to provide the means of
defraying the expenses of this Convention,
and the compensation ol officers and mem
bers.
Sec.. 1. Be it ordained by the people of
Georgia, in Convention aesembled, That
an ordinance of this Convention passed on
the twelfth day ol December, in the year
of our Lord 1867, entitled, “An ordinance
to levy and collect a tax to pay the dele
gates and officers connected with the Con
vention, as well as all other incidental
expenses,” except the second section
thereof, is hei eby rescinded, and the fol
lowing is ordaiped in lieu thereof, to-wit:
That it shall be the duty of the Comptrol
ler General of the State of Georgia to levy
and assess a tax of one-tenth of one per
cent, on all the taxable pro erty of this
State as returned upon the digest for the
year 1867, for the purpose of defraying the
expenses of this Convention, and the com
pensation of officers and niembeis. And
ii shall be the duty of the tax collectors in
the several cou-ities of this State to collect
the tax so assessed, and to pay the same
to the Comptroller-General cn or beiore
the first day of May, 1868. And it shall
be the duty of the several tax collectors to
issue executions against all persons subject
to taxation under this ordinance whose
tax is unpaid, alter twenty days notice to
1 ay it, for thtj amount of tax due by them
aud fifty per centum thereon and all costs;
undo) sheriffs and constables to levy and
sell under such executions, and to return
the proceeds to the tax collectors as soon
as the same can be done under the provis
ions of existing laws.
Sec. 2. lie it farther ordained , That
any scrip which may be issued by the au
thority of this Convention lor the purpose
aforesaid shall he receivable by the Comp
troller General, from the tax collectors in
payment of the tax aforesaid.
lie it farther ordained, "That the tax
collectors shall receive the same per cent
for collecting the tax aforesaid, as they are
now allowed by law lor collecting the State
tax.
SEC. 4. lie it further ordained, That
the Comptroller General shall issue to the
tax collectors all necessary orders for the
collection and payment ol ilie tax afore
said ; winch orders shall be binding upon
said tax collectors.
fetcc. 5. Be it further ordained, That
the monevsandsciip received by the Comp
troller General under this ordinance be
naid by him into the Treasury of this
State, to be disposed of as this Convention
shall hereafter direct.
Resolutions in relation to an ordinance
providing means of defraying the expenses
of this Convention, Ac., &c.
1. Resolved , That the General Com
manding tho Third Military District be
requested to enforce-an ordinance of this
Convention passed this day, entitled “An
ordinance to provide the means of defray
ing the expenses of this Convention ami
the compensation of officers and members. ’ ’
Resolved That copies of said ordinance
and of these reselutiops bo transmitted by
the President to M ajar General Meade, to
the Provisional Governor, and Comp
troller General of the State.
N L Trammell said, before voting upon
this question, he dusked to ask the Chair
man of the Commiitee on Finance if that
Committee had yet considered the mem
orial referred to them from citizens of
Cobb county, and il it was the intention
of that Committee to report an ordinance
cutting down the ptr die in pay arid mileage?
W Shropshire said the question had not
been considered by the Committee.
Nit Trammell—Then, 1 can never vote
for an ordinance to tax the people of Geor
gia to pay this Convention such ex
travagant charges.
J D Waddell demanded the ayes and
nays; and he stated, m.der the ruling of
the Chair (which was that it required a
two-thirds vote to adopt that report, since
it rescinded the previous action of the
Convention on the same subject), a regular
record of the two-thirds vote could only be
had by calling the ayt-B and nays.
The Convention refused to allow a vote
to be taken by ayes and nays.
THE CASE OF A. KLPEDRXA BRADLEY
(negro.)
GP Burnett, from the Committee ap
pointed to investigate charges made
against the negro Bradley, repotted from a
minority of the Committee, proving that
Bradley had at one time been convicted
in a New York Court of a grave offence,
and imprisoned therefor two years in Sing
Sing. The minority of the Committee
therefore resolved that said negro Bradley
be expelled the Convention.
The majority of the Committee, 11. K.
Mel.ay chairman, reported that the
records prove Bradley to have beer) guilty
of the charges preferred, but arc in doubt
w'hether the Convention has a right to ex
pel him. The matter was made the special
order for Tuesday.
FRANCHISE.
< The second section of tho report of the
Committee was takoo up, when the amend
ments of AT Akerman came under dis
cussion, The following are the amend
ments :
Ist Amendment of Mr. Akerman, to in
sert ihe following alter the word vote,
“and shall have paid ail taxes required of
him, and which ho shall have had an op
portunity of paying, agreeably to law, for
the year next preceding th^election. ”
Carried.
And to add the following :
"’Provided, That the General Assembly
shall have power to require ability to read
ihe English language intelligently, as a
qualification of voters who arrive at the
age of twenty-one year.-, after the first day
of January, 1873.” Lost.
There were numerous amendments and
substitutes offered, and while the second
amendment was upder discussion,
A T Akerman spoke at some length
Ashbufo having intimated, in terms not
very respectful, that the scource whence
tho amendment camo (Akerman) was evi
dence of some Lai purpose in it, he replied
;n a style that made an impression on the
Convention and spectators, and perhaps
■ nice dull sensibilities of the delegate from
Muscogee, lie .rebuked the insolence of
Asiiburn iu undertaking to determine
who-e motions should and whose should
not receive respectful consideration.
Claiming for himself equal rights only with
every other member, he affirmed that
there was uothiDg in Ashburn’s in
tellect, patriotism, character, or history,
which authorized that individual to assert
superiority to himself.
His amendment contained no thrust at
the black man or the ignorant white man.
It would affect no person now over six
teen years old. It would hold out to the
young a strong inducement to acquire
education. It woqlu cause the spelling
look to be studied, not only in schools, but
also by the pine-knot biaae of the cabin
.fire-place. There was do danger that it
would make the Constitution unpopular.
Men who have felt the disadvantages of
ignorance want their children to know
more than themselves, and would make no
complaint of bo reasonable a requirement.
Asbburnis argument that the ignorant
had voted more correctly than the enlight
ened, was an argument against all educa
tion, and in its consequences would favor
a relapse into savage darkness. Though
education was not a perpetual guaranty
against error, yet educated voters were,
in the main, more likely to go right than
the ignorant.
Ashburn rote, pale with rage, and spoke
in reply to the last speaker.
After some further discussion, section
2 was amended and adopted.
After the transaction of some other
business, the Convention adjourned.
Near Lacon, 111, Mr. Samuel Bickel
saw a rattlesnake ftur feet long coiled up
in th crass, which he sought to capture
i y catching him by the tail, but, in the ef
fort got severely bitten in the hand. A
neighbor fortunately had a supply of
whiskey, of which he drank three quarts
before feeling its effect. His entire arm
was badly swollen, and turned black to the
shoulder, but no further ill effects followed.
