Funding for the digitization of this title was provided by R.J. Taylor, Jr. Foundation.
About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (July 6, 1870)
yiromctf & Sentinel.' vJVEDSKSDAY HORNING, Jllri «. .Horace Greeley on the Test l Oath. A young lad from Virginia, appointed to ' the Naval Academy, who paired a very creditable examination, was refused ad mission on account of his refusal to take the test oath, whereupon the New lork Tribune makes the following independent comments, which does it credit. r l here arc few more generous or advanced men in the Radical party than Horace Greeley : “Wesincerely trust the young Virginian j who is debarred from admission to the Naval Academy because he declines to swear that he had no sympathy in the ! rebellion in which his family heartily en listed, will not be any longer proscribed. Tbc test oath which boys are called upon ! to take before admission to the National Schools is a disgrace to our statute books. The more oatb-takingthemore lying there will be, and the more we proscribe children | for the rebellion of their parents the more j that rebellion will be respected. The ad- ministration of the test oath to a boy who was only twelve years old when the war closed, and who is still a minor, is an ab surdity which ought to secure the repeal , of the statute. In the same issue of the Tribune which j contains the foregoing, we find the fol lowing liberal views toward the South, I from which it will be observed that Mr. I Greeley is far in advance of his party in advocating the immediate removal of all ( disabilities from the Southern people : The Democratic members of Congress j address a circular to the Southern sup- i porters of their party urging them not to “risk the loss of Senators or Representa-j lives by electing men who cannot lake the j test oath, or who are under the disability j imposed by the fifteenth amendment.” This is very good advice, and we second it with all our might. We should be glad of a broaii, generous, anil cowplule amnesty removing all disabilities at once ; but so long as Congress persists in bolding apy class of ex-rebels disqualified, we trust the Southern constituencies will accept the situation patiently and elect only available men. We want to see all the States fairly and fully represented without further delay. Gold Gambling. The Journal of Commerce has an article moralizing on the recent collapso of the gold-broker Boyd, the friend of E. B. Kotchum: The Journal says: Wall street comes in for a great deal of abuse from one year’s end to tho other, and there aro many who suppose that the gold and stock brokers do nothing but gamble, and have no honest employment. The truth is that the buying and gelling of gold is as honest and legitimate a business when rightly conducted as the buying and selling of potatoes. The interest on the public debt, amounting to between one and two hundred million dollars annually, the proceeds of gold-mines amounting to half as much more, and various other sources of supply, bring together upon tho market a large sum in gold. As this is not used in currency, the whole mass must be sold, and tho disposal of it forms a legiti mate business. In addition to this, almost daily, large transactions in merchandize take place, which are settled for in hard money, and this is mostly turned again to paper currency. On the other side there is a pressing daily need for gold for the pay ment of duties, and all our importing mer chants arc constant customers at the Gold Exchange. The payment of coin tor mer chandise in certain eases also involves its purchase as well as its sale. Now, tho buying and selling or all this gold, tli c Journal contends, is a perfectly legal business, but it adds: In the case referred to, tho parties had no orders to buy or sell. They were simply speculating, Mr. Bovd said that Mr. Ketohum had a marvelous grasp ol mind, great power of analysis, and it was thought could by this means seo further into the future than the ordinary dealer. Look ing thus beyond what to others is an impenetrable veil, his vision was supplied with a glinpte of the rise of gold on a wiDg so buoyant that to make a largo and early fortune it was only necessary to buy large at tho current rates. They bought, hut the leathers were on the wrong side of the wing, or it turned tho other way, the mar ket swoopo.l instead of soaring, and tho twain of eager operators, instead of mil lionaires, were but victims of their own f olly. It is said that on the day previous to the failure, Mr. Ketchum had furnished about $300,000 to cover the margin oj tie dine up to that point. Part of this may tmvo been Porrowea, Du* ..„ «... .vu the hulk of it was the result ol' previous successful operations in stooks, all conduct ed on the same principle. The Jouonal goes on to characterize this as “nothing but gambling,” with nothing more at the best than an even elmneo of winning : All the wonderful power* of mind afore said (the editor says) will not coable a man to see into tho iuture. The truth is that if tie great events to ocour in the political and linancial world did really fore cast their signs on tho horizon, no one could safely operate upon the revelation in either gold or stocks. Tho most important changes often have their spring in events so trifling that if they were foreknown the operator would uot suspeot tho weight of their iuliucncc on tho market. This deal ing on the empty promise of the futuro is the most reckless tolly in the world. It is really worse than playing at a well regula ted faro tablo. Position nml Prospects of the Cotton Trade. In our issue of last Monday wc publish ed tho weekly circular of W. (J. Watts & Cos., in which it was maintained that tho stock of cotton on hand at Liverpool was largely over estimated. Our dispatches from Liverpool, published this morning, conlirm the position taken by this firm and reveal tho fact that the stock actually on baud is only 555,000 bales, of which 310,- 000 aro American, showing a deficiency of 02,000 bales, which is thusiexplaincd. By actual count it was found that the stock of American was over estimated 70,000 bales, hut that the stock of Indian and other de scriptions of cotton was under estimated 8,000 hales, so that the stock of all kinds was over estimated 02,000 bales. Tho estimates of the Brokers’ Assook' tion, as reported in the review presented below, published at Liverpool June 17, i puts the deficiency down at 59,000 bales, which is only 3,000 bales under the stock actually on hand. When the deficiency became known in Liverpool yesterday morning, there was some excitement, and the market beeamo more active and prices a trifio better. The New York market, however, was very little influenced by the Liverpool advices. But this was not the case with home markets, which became j excited, with holders advancing their j figures. Towards the close tho feeling •luietod down, and the markets generally closed on a quiet but firm basis, with a trifle in favor of holders. The following extracts are from Messrs. Watts k Co-’s Liverpool circular for the week ending June 17: lu Cotton to arrive the transactions have j been to an average extent, but prices have given way even more than for Cotton on ; tho spot. We now quote Uplands, Mo- 1 bile and Orleans at 10 l-6d, 10Jd and j 10 5-16d. basis middling, ship named; October-November shipment, from any i American port, 9jd basis middling—Dhol- ! lerah, 9sd, for May June shipment, via , the Cape. For May-June shipment, via j Care or Canal, prices are rather lower. The Position and Prospects. —ln our re- 1 port of ‘27th ultimo wo remarked as fol- j lows: “It is the ptesent large stock and ! consequent pressure in certain quarters to i effect sales that has more to do with the existing depression than anything else, I and the longer our large stock is maintain- i ed the more danger is to be ap; uhnuded i of a break-down in prices resulting there- ! from.” Since that date—say three weeks our import has averaged only 52,-163 bates per week, bat the deliveries have been on so sluall a scale that our stock has increased about 22,000 bales. There are now at i sea from Bombay nearly 100,000 bales on steamers that cleared prior to the Ist inst., j all of which are due here in the next lour or five weeks, consequently our import daring this period is likely to continue j liberal, and unless we should have increas ed deliveries we can have no material re- j duction in stock. In the meantime (three weeks) prices have declined about id per j lb. which represents a depreciation in value cn the cotton in and afloat for this port j aud London of about one millions pounds sterling. This serious decline in prices has not only weakened the financial ability of holders to carry their stocks, but for the moment it seems to have unsettled their views as to the probable course of prices. Two weeks ago it was very generally sup- j posed that as soon as the holidays were over , we would have a good trade demand for cot- j te'u, but instead we have had less doing than at any time this year. In fact, for : several past we have not known a j time when It was more difficult to get of fer* for cotton on the spot._ This has in duced some holders, .'t oruer to hedge, to sell “short” Mav-June of Dhol krab, so that a large “ehorj interest has b cn piled up on this description which, sooner or later, must lead to a very active demand lo cover these contracts. The existing depression is also further intensified by the tenor of the latest advi ces from India and America. Some four or five weeks ago the opinion seemed to he very generally entertained that the ship ments from Bombay to Europe this year would be some 200.000 bales less than in 1869. Since then, however, the receipts from up country, as represented by tele grams, have been so largely in excess of the corresponding weeks of last year that it is now a matter of doubt whether there will be any falling off, and tome parties even estimate an excess. From America we have some reports of diy weather, but on the whole the prospect of tbe growing crops is generally represented as favoratlc, and so far as we can learn the general opin ion seems to be that some ten per cent more lan 1 has been planted this year than last. This fact has already given rise to crop es timates ranging from 31 up to 4 millions of hales. Os course such estimates are as unreliable as predictions about the winds and the weather, nevertheless they are not without their influence upon our market. Delivery to the Trade. —We called at tention in our last report to a marked dis crepancy in the figures of the Liverpool and ixmdon Cotton Brokers’ Association and to those given in the Board of Trade returns for tbe first four months of tbe year. The Board of Trade returns for May have sioce been made publ c, and the discrepancy in tbe deliveries for the past five moDths of the year, as given by the authorities, are reported by the Liver pool Albion as lollows : li.jt.ri cf Truk. Broken' Amo, Difference. American ..595,000 545,000 50,000 Last 1ndia...320,000 512,000 8,000 Other kind5..225,000 224,000 1,000 J Total 1,140,000 1,081,000 59,000 I The Albion, referring to_ thi- discrep ancy, remarks as follows: “59,000 bales in five months represents nearly 2700 bales per week, and the fact of spinners having received this quantity of cotton direct ac counts for their purchases in this market having of late been much smaller in ex tent than the quantity it is said they have been actually consuming. The trade, _we are told, has been working full time since the beginning of the year. Looking at the deliveries of cotton, as given in the Liver pool and London circulars, it has been difficult to believe this, hut taking into account the 2700 bales per week forwarded by carriers direct from the quay, the mat ter is no longer a mystery.” The stock here will probably bo counted about the close of this month, and if, as here indicated, our stock should turn out some 00,000 bales less than estimated, it will doubtless have a marked effect on our market. At present the trade are believed to he exceedingly bare cf Cotton, and if we could only have a steady market hero in Liverpool for a few days, we doubt not a much more active demand than we have had for some weeks past would set iD. A few days of active business would perhaps relievo the market of the Colton now being pressed for sale, and occasion a decidedly more cheerful tene. At Manchester but littlebusiness appears to have been done since the holidays, ow ing to the downward tendency of prices for Cotton, hut there are believed to he plenty of orders for goods and yarns in hands, which will be given out as soon as Cotton is believed to have touched “bottom.” Quotations are for 3lb Shirtings 10s 9d to 11s ljd per piece, No. 40 Mule Yarns, common 15id, best 17d: From Bombay tbe act ual sailings of cot ton to Europe Ist to 14th instant are re ported by Messrs. Lyon and Cos. at 154,- OOObales. Messrs. Bell, Ventz and Lu eiuo report the quantity on shipboard 21st ultimo at 207,916 bales, against 170,472 last year. Telegrams report the quantity on 15th iostunt at 110,000 hales, against 61,000 last year. A telegram from Messrs. Lyon and Cos. dated yesterday reports ''the monsoon setting in steadily." Latest quotations for 81b Shirtings, Bombay 6r sa, and Calcutta 6r 11a. Our Fair. Os the multitude of Fairs to lake place next fall, special attention will he claimed for tho exhibition at Augusta, Georgia, of the “Cotton States Mechanics’ and Agri cultural Fair Association.” This is to oocupy nearly the whole of the last week in October, and will be one of the most ex tensive festivals of the kind ever held in the South. The Cotton States have rous ed hut slowly from tho lethargy in which the war left them ; hut they seem to be waking up in earnest now, and putting forth their hands to those practical things in which lie progress and prosperity. Au gusta is tho centre of a region which has shown more life than almost any other ; and this great Fair, calling together the ICiAUlnuin- uavkJ uoui i/uu nuviv u^muu region of Georgia and South Carolina, will afford an exoellent opportunity for the manufacturers of tbe North to exhibit their products, contributions of whieh are earnestly requested.— Boston Daily Ad m vertiser. Important' Revenue Decision.—The Commissioner of Internal Revenue, in re ply to a letter from the Deputy Sheriff of Gwinnett county, states that there is no penalty agaiust Stato Courts for giviog judgments in favor of unstamped instru ments, hut such cases can be appealed to the United States Courts. He also calls upon officers to report persons who issue unstamped instruments, intending to evade the revenue laws. Tho penalty in such cases is fifty dollars on conviction. The Drouth in Europe.—Letters from Paris of the 10th of Juno speak of the drouth in France as something almost without precedent. Not enough rain during the spring months to moisten the surface of the earth ! “Paris itself will soou assume the garb of autumn rather than that of the beginning only of sum mer. Our trees are looking dry and yel low in the loaf before their time, gardens are parched and burnt up. The wheat fields are turning prematurely yellow, with short straw and light ears. The olive crop in the South is said to be quite a failure. Vegetables and fruits are far beyond their usual price; bread is rising rapidly, and butchers’ meat threatens to be at once in different in quality, killed too young for want of fodder, and extravagantly dear. The drouth seems general iu Europe, and the Old World will have to rely largely upon the New for its consumption of ail kinds. r i he French peasant begins to dis trust his terrestrial Providence, and to en tertain serious doubts whether he was right after all in voting ‘Yes’ at the last Plebis cite. ‘The Emperor is all very well,’ he says, ‘but then one cau’t do without grass for the cows.’ ” The telegram of the 23d speaks of the drouth as continuing without mitigation. But the Minister of the Interior stated in the Corps Legislatif that the crops, aided | by supplies purchased from abroad, would j he sufficient for the support of the popu- j laiion.; Quack ! Quack ! I—ln the discussion in the United States Senate on Saturday, the lladicals are reported to have threaten ed civil wax if a Democrat is elected Presi dent. “Sir, I say here,” said Senator Drake, of Missouri, “that whenever tho time comes that this nation shall see clearly that the voice of its legal voters have been overthrown by this vote in the city of New Tork, then a large portion of the voters will rise as one man and declare that the man elected to the Presidency by the fraud ulent vote shall never take his scat assuch> and then will come the first real civil war in this country.” Grain Speculation. The New York World predicts an active business in all departments nextuutumn. With reference to the recent grain specu lation, based on an anticipated scarcity in France, the writer says : The export has been cheeked by the rapiditv with which speculators here and in the \\ est have run up the prices beyond the limits which Europe can afford to pay in competition with the other grain mar kets ot the world. The Chicago bankers have determined so far ss they are con oeroed to check this speculative evil of ibrstailing the market, by refusing to dis count gram Paper maturing beyond July 1. It the speculations can obtain facilities to carry the gram they bold at present prices, then the result will be that Europe will buy in other markets, and the United -states wm lose the sale of a large amount ot grain. Ihc country will be injured thereby. Ihcse grain speculators must bear in mind that Europe always exaggerates the calculations of its expected short crops in order to attract speculative shipments, so as to have large stocks of grain in its ports. The result generally is that the highest prices are realized before the harvest is in; and afterwards comes a break-down, which ruins speculators. It is estimated that this action of the Chicago bankers will en force sales of about 7,000,000 bushels. The Masonic festival at Americus was a success. „ frNS THe Amended Cur&cncy Bill. Representative Garfield on Monday sub mitted to the Uousc of Representatives the report of the committee of conference on the currency bill. It was ordered to he printed 1 The bill provides for an issue of $45,000,000 of National bank notes to banks, in addition to the $300,000,000 au thorized by the currency act of 1864, the amount of notes so provided to be fur nished to banking associations organized or to be organized in States and Territories having less than their apportionment, as , contemplated in the apportionment act of I 1865. The securities for such circulation j deposited with the Treasurer of the United States shall be any description of bonds of the b aited States bearing coin interest, i Applications for this circulation shall he , made within odc year after the passage of this act, and the Comptroller shall isiue it to the banks making application, giving the preference to those States and Territories I having the greatest deficiency. No hank 1 organized under the act shall have a circu lation exceeding half a million dollars. A new account of the increased circulation Bhall be made as soon as practicable, based upon the census of 1870. The Comptrol ler at the end ofeaeh month is required to report to the Secretary of the Treasury the amount of circulating notes issued du ring tbe previous month. Whereupon the Secretary of the Treasury shall redeem and cancel a like amount of three per cent, certificates issued under the acts of March 2, 1867, and July 25,1868, by giving no tice to tho holders thereof that the interest r haii increase after the day designated in the nc tree, and that said certificates shall no lorger be available as hanking reserves. Upon the deposit of any gold interest bearing bonds of the Treasurer of the United States in the manner prescribed in the 19th and 20th sections of the National currency act, it shall be lawful for the Comptroller to issue to the back making the deposit, circulating notes of different denominations, not less than $5, not ex ceeding in amount 80 per cent, of the par value of the bonds deposited, whieh Dotes shall bear upon their face, tho promise of the association to which they are issued to pay them upon prSsenta t:on at the office of the association in gold coin of the United States, and shall be re deemable upon such presentation in such com. Tho capital of any such hanking as sociation is limited to $1,000,000. Banks organized under the preceeding sections are required to keep on hand at all times not less than 25 per cent, of their circula tion in coin, and shall receive at par, in payment of debts, the gold notes of every other such bank which is at the time re deeming its notes in coin. The limit of circulation to s3oo,ooo,oooinffhe Currency act, and the requirement that the banks in San Francisco must redeem their notes at par iu the city of New \ ork, are re moved. The term “lawful money” in the Currency act, as applicable to hanks then organized on a gold basis, shall be con strued to mean “gold coin of the United States.” The hill further provides for the with drawal from banking associations having a circulation exceeding that contemplated in the act of March 3d, 1865, of $25,000,000. This circulation is to be withdrawn, com mencing with the banks having a circula tion exceeding $1,000,000, in the States having an excess of circulation and in ex cess of $1,000,000, and then proceeding pro rata with other hanks having a cir culation exceeding $200,000 in States having the largest excess of circulation, and reducing the circulation of such in States having the greatest proportion in excess, leaving undisturbed the banks in the States having a smaller proportion, until those in greater excess have been re duced to the same grade, and continuing thus to make the reduction provided for by this act until the full amount of $25,- 000,000 shall be withdrawn, and the cir culation so withdrawn shall be distributed among the States and Territories having less than their proportion, so as to equal ize the same. Provision is made where banks fail to return the circula'ion re —j ■«— *ec saie or tnerr bonds deposited with tho Treasurer of the United States for their circulation. No circulation is to be withdrawn until the $45,0(30,000 granted in the first sectiou shall be taken up. A bunk located in a State having more than its proportion of circulation may remove to a Stato having less than its proportion. The Coxton Trade.—The cotton bro kers of the city of New York have held a meeting for the purpose of introducing more certainty in the traffic of this im portant staple. Among the subjects pro posed for inquiry is the practice of selling cotton for future delivery. This practice has become a part of the regular system of buying and selling cotton. It has intro duced an element of speculation to whieh the article is too liable already', subjecting it to like vicissitudes with stock. If mid dle men or intermediaries between buyers and sellers would discourage the practice, it would receive a check and leave the market to the wholesome influence, by which it ought to be governed. Penitentiary and Jails. Editors Chronicle & Sentinel; We stumbled the other day on a pam. phlet volume of seven hundred pages, en titled “The 24th Annual Report of the Prison Association cf New York.” To any one interested in the problem of crime and' criminals, and bow to best solve it (and every good citizen ought to be), tho volume has a great value. For a quarter of a century this Prison Association has existed : is regularly incorporated, and vigorously prosecutes its work. The ob jects of tha Association are Ist, The amelioration of the condition of prisoners. 2nd, The improvement of prison discip line and the government of prisons, whether for cities, counties or Stages. 31, Tho encouragement of reformed convicts, &c. They gather up from all over the civ ilized world the results of experiments in the management of prisoners, in their reformation and in the prevention of crime. A flood of light on the whole subject is in the volume before us. The world moves, and in this direction as well as in some others, has made real progress in these recent days. The Legislature of Georgia, I as to her Penitentiary and the plan of its organizations, both formerly and recently, shows that this difficult subject has never been mastered by our legislative bodies. The old Penitentiary system of Georgia was a failure in more respects than one. Its free commingling of prisoners of all grades on the Sabbath, and a little while each day at meal times, made it a college of crime, where the mere tyroiolaw-broaking was rapidly trained by veteran crimi nals,act ing as volunteer Professors, into a first class vidian, a master of the arts of iniquity. The same evil is found in the present farming out system. Whilst we can testi fy, with some opportunities for personal observation in the premises, that the con tractors now having charge of the prisoners, though strict and prompt in discipline are liberally just in supplying the needs of the convicts, the farming out system is wrong in principle and nothing can be expected from it, beyond self support. Our social revolution, the increase of crime, the im portance of a proper classification of pris oners, &C., make the Penitentiary ques tion an intensely practical one just now, and for some time to come, in the State of Georgia. Cannot some "organizing mind,” some noble Howard among us, be induced to study the whole subject, and busy him self with enlightening the public in regard to it? There is a fine field in which an intelligent philanthropy may achieve happy results for tl • State and for our race- W. Miixepgeville, June 2S, IS7O. A New Feinting Press.—Mr. Bailey Brown,of Nashville, has taken fct a patent for anew printing press, of his own inven tion. The Banner thus speaks of it: The press may be driven by any conven ient pow r, the cylinders and rollers being connected by a train of gearing so arranged that all the moving surfaces that come in contact with the paper passing through the maohino may move with exactly the sirne speed without strain upon the paper. Asa press for printing two sides of a sin gle sheet at once, it is in many respects, • xperior to the Bullock press, and capable pf greater speed. Mr. Brown will leave this week for New Yoik, where he will su pervise the construction of the first press upon this model, and to arrange immedi ately for the manufacture of the press which he has invented. It is susceptible of many improvements, and is likely to work a complete revolution in the manu facture of power printing presses. Decisions of the Supreme Court of Georgia. Delivered at Atlanta, Tuesday, June 28. [reported expressly for toe consti tution, BY N. J. IIAMMOND, SUPREME COURT REPORTER.] R. L. Mott, plaintiff in error vs. Hall, Moses & Cos., defendants in error. Com plaint, etc. From Muscogee. Brown, C. J.—l. If a plaintiff strikes the name of one joint defendant from the declaration on the trial, because he has failed to prove his joint liability, the other defendant may then file a plea in abate ment if he wishes to show that the person whose name is so stricken is jointly liable. But if defendant joins in the piesi with the person stricken, the names of two other persons, alleging that they are also jointly liable when such plea as to them could only have been filled under the statute at the first term, such plea, as a whole, is bad, and it was not error in the Court to rc fuse to entertain it. 2. The custom of any business or trade is binding when it is of such universal practice as to justify the conclusion that it became, by implication, a part of the con tract. 3. When a great number of questions are asked in a single cross in terrogato.y, this Court will not scan the answers as closely as if such were a separate inter rogatory. In such i se if the whole an swer, taken together, is a substantial reply to the whole interrogatory, it will be held to be sufficiently full, though each question is not separately answered. Judgment affirmed. R. J. Mosea for plaintiff in error. Peabody & Brannon for defendant. Fioyd R. Hooper, plaintiff in error, vs. Atkin o , Dunham & Cos., defendants in error. Assumpsit. &c. Prom Muscogee. Brown, CJ. —1. When an instrument in writing, containing a legal obligation to pay money, is sued upon, in an action of assumpsit, and is set forth in haec verba, or according to its tenor and effect, the declaration is not demurrable under our s.atuto, though the instrument may be called a promissory note, when it is not such technically. 2. An obligation to pay SSOO, though in the form of a receipt, which is stamped with a two ceat stamp is not legally stamped. Under tho Act of Congress, it should be stamped with twenty-five cents before it is admitted in evidence. Judgment reversed. R J Moses for plaintiff in error. Peabody & Branuon for defendants in error. lommey & Stewart, plaintiffs in error, i - s Joshua Ellis, et al., defendants in error- Equity. From Newton. Brown, CJ.—When the plaintiff in a judgment ha3 taken the benefit of the homestead and exemption law and thereby exempted all his property from the pay ment of his own debts, a defendant in a judgment in his favor, who has a judgment against him and another, which was dor mant when the bill wasfiled, and has since been revived, has an equity springing out of the facts of the case, which entitles him to apply to the Court of Equity to have tho judgment in favor of the person taking the benefit of the homestead r id exemption enjoined until tho two judg ments are set off against each other ; and it was error in the Court below to dismiss the bill on demurrer for want of equity. Judgment reversed. John J Fioyd for plaintiff in error. Clark & Pace for defendants. Hartridge & Chisolm vs Daniel Fry. Com plaint. From Muscogee. McCay, J.—ln a suit on a note made in 1864, when there was no plea of the general issues under oath, but there was a plea of the ordinance of 1865, admitting and setting forth a consideration for the note, but setting up that the plaintiffs ought not to recover therefor more than one hundred dollars, it was error in the Court to charge the jury that they might scale the note its full amount. II J Moses for plaintiff in error. Peabody & Brannon for defendant. A Gammel vs W K Sehley. Lien of livery stable keeper. From Muscogee. McCay, J. —A livery stable keeper has, under our law, a lien upon the horses ot his customers in his possession, no,t only for the board of the horses, but for other accounts against the customers, in the line of the livery stable business, and this lien may be enforced under the statute for enforcing steamboat lieDS. Judgment reversed. Peabody & Brannon for plaintiff in. error. Ramsey & Ramsey and W II Blanford, j for defendant in error. A C McGee and Elizabeth Hateher vs Mason Jones. Comoeteney of witness. From iviuscogee. JMoCai, j. -Iu aoaUmi a partnership contract against tho administration of a deceased partner and the surviving part ner, the other party to the contract may, notwithstanding the death of one of the partners, he a witness, if it appear that the contract was made with the surviving partner, or with both the pavtners actual ly present and engaging in the transaction, and this is especially so if the surviving partner has himself been sworn as a wit ness. Judgment affirmed. Blaodford & Thornton, Russell, for plaintiff in error. Peabody & Brannon for defendant. Plant & Cubbage vs. Eufaula Insurance Company. Motion for new trial. From Bibb. 4 McCay, J.—Where an insurance was a risk upon the r diroad, river, and by sea, from Macon to Savannah, via. the Ocmul gee river, and was limited, by the policy, to forty days, and the goods insured were detained at Buzzard Boost by the unsea worthiness of the craft, in which, by the policy, they were to be shipped down the river so that it had to be unloaded aDd a uew craft built, and the goods transhipped, and the company, by its written consent, agreed to the charge. Held, That the detention, emsed by the removal of the goods, and the buildiug of anew craft, and the transhipment to that, was waived by the company and was not to he counted in tho forty days. When the verdict of the jury is right upon the facts, anew trial ought not to be granted, because the jury have found con trary tp the charge of the Court in a mat ter not material to the finding, in view of all the facts of tho case, Judgment reversed. Lanier & Anderson for plaintiffs in er ror. W. Poe for defendant. J B Tanner vs. Isaiah Hollingsworth. Certiorari. From Henry. McCay, J.—A judgment in which an execution issued within seven years from its date, is not dormant if there be a proper entry upon the fV- fa. within seven years from its date, even though the entry on the fi. fa. be more than seven years after the date of the judgment. M Arnold for plaintiff in error. 5 C McDaniel, Hill & Candler, for de fendant. Charles F. Holmes us. Bonber. Fee & Cos. Motion for new trial. From Muscogee. Warner, J. —When a motion was made for anew trial on the ground that there was no evidence to support the verdict, and it appearing from the evidence con tained in the reeord that there was suffi cient evidence to support tho verdict, and no error in the charge of the Court to the jury : Held, That this Court, in accordance with its repeated rulings, will not interfere with the discretion of the Court below in refusing to grant anew trial, and that ten per cent, damages should be awarded, as provided by the 42215 t scotion of the Code. Judgment affirmed and damages award ed. R. J. Moses for plaintiff in error. Peabody & Brannon for defendants. G. W. Martin, et al., vs. Jesse Wall. Mo tion for new trial. From Muscogee. Warner, J —When S made an affi davit in accordance with the provisions of the 4000th section of the Code for the re moval of W, an intruder, from a certain described tract of land, and the Sheriff had executed the process placed in his hands by the removal of the alleged in truder, and had placed the party making the affidavit in possession of the premises, and the next day thereafter, W, the al leged intruder, made a counter affidavit and tendered the same to the Sheriff which he refused to receive ; whereupon, at the next term of the Superior Court, a motion was made for an order requiring the Sheriff to show cause why he should not restore the possession of the land to the party making the counter affidavit, at the time as before stated, which motion was allowed by the Court: Held, That when an affidavit is made for the removal of an intruder in posses sion of iand, as provided by the Code, that it is the duty of the Sheriff, at the earliest practicable day, to exhibit the affidavit to the person described therein as being in possession of the land, and to turn such person out of the possession thereof, unless the person so in possession shall at once tender to the Sheriff a counter affidavit stating that he does in good faith claim a legal right to the possession of said land, which oath the Sheriff is a competent offi cer to administer: Held, further, That if the person in pos session of the land does not at once tender ta the Sheriff such counter affidavit, unless prevented by the fraud or misconduct of the Sheriff from doing so (which does not appear in the record of this case) until after he has been turned out of possession, he can Dot afterwards file his counter affi davit so as to give the Court jurisdiction to award a restitution of the possession of the land under the provision of the Code. Judgment reversed. Blanford & Thornton for plaintiff in error. H LBenning, W Russell, f or defendant. John J Rutherford, assignee, vs. Catharine A Wright. Garnishment. From Bibb. Warner, J. —Whena motion was made in the Court below, in behalf of a judg ment, creditor of Catharine A Wright to enter judgment against a garnishee for the plaintiff’s debt, whieh was resisted on the ground that the sand in the hands of the garnishee had been set apart as a home stead by the Ordinary of Bibb county, on the application of the defencant in the judgment ; and od the hearing of the motion the plaintiff proposed to attach thejudgment of the Ordinary by offering evidence, that at the time of the application by the Ordinary of Bibb county, for the homestead exemption, and at the time of its approval by the Ordinary, that the ap plicant therefor nor her husband, resided in the county ofßibb, and had not resided in that county for several years, which evidence was rejected by the Court. It also appears from the record, that the plaintiff in thejudgment did not have any actual notice of the application for bome ste-d, and was not represented before the Ordinaly, but that notice of the applica tion was twice inserted in the daily leler graph <£■ Messenger newspaper : Held, That, according to the provisions j of the homeuead act of 1868, the applicant therefor must apply to the Ordinary of the county iu which he or she resides at the time of no-king sur’r i oplicat’oa in order to give the Ordinary jurisdiction, and that if the applicant for a homestead was not a rexident of Bibb county at the time of the pplication th efor end approval thereof «jy the Ordinary, th"n the Ordinary of that county did not have jurisdiction to hear and allow said app'icatiOD, and the plaintiff in thejudgment should have been permit ted on the trial to prove that the applicant was a non-resident of Bibb ccnty at the time of the application, in order to show that the Ordinary of that county had no jurisdiction. Judgment reversed. John Rutherford, Lochrane and Clark, for plaintiff in error. Nesbit & Jackson, M. B. Gray, by C. Lanier, for defendant. Thomas Ragland, administrator, vs. M. Barringer, et. al. Assumpsit. From Muscogee. Warner, h. —'./ben a suit was insti tuted on a prom’ssory note, dated 15 h De cember, 1853,icd due twelvemonths after date, and tbe defendants plead the statute of limitations in fc r of the plaintiff’s right to recover thereoD, and on the trial of the case the Court charged the jury “that if more than six yc-rs had elapsed from the time said n.te became due to tbe 1 Stb. day of December, 1860, then the note was barred by the of limita tions, and they should find for the defend ants Held, That the Act of 30th November, 1860, which provided for the suspension of the statute of limitations during the sus pension of specie payments by the banks, which fact of tbe suspension of the banks waa to bo made known by the proclama tion of the Governor, that the statute of limitations was not suspended from the date of that act, bat from the date of the Governor’s proclamation, which was made on the 18th December, iB6O, proclaiming the fact that the hanks had suspended specie "payment in accordance with the terms aud provisions of that act; and that there was no error in the charge of the Court below to the jury on this point in the case. Judgment affirmed. Feabody & Brannon, Smith & Alexan der, for plaintiff in error. Ingram & Crawford, R, J. Moses, for defendant. Annie M Peters, plaintiff in error, vs. Thalia Peters, defendant in error. Mo tion to transfer to the United States Court. From Bibb coanty. Brown, C J.—Mathew B Peters had a wife, Thalia Peters, anr three minor chil dren, in New Fork. .1 total divorce was adjudged between tlern in the proper court in that State ; aid it was further ad judged that he pay to his divorced wife ten dollars per week during their joint lives as alimony. Mathew $• afterwards married another wife, Annie M Brown, in Georgia, who had one child, when he became a lu natic, and Colonelßest was appointed his guardian. Thalia, his firs wife, a citizen of New York, filed her fill in equity in the Supe rior Court of'Biob county, Georgia, setting lorth the judgment for alimony, and charg ing that it win wholly unpaid, and praying that tbe lanA of her late husband be sold by the guo-dian, and the money raised ap plied in »aying off her claim, Mathew B Peters died pending this suit, and Best became his administrator. Annie, b' 3 ast wile, commenoed her in the Court of Ordinary of Bibb county, t» have a year's export al lowed her and jer minor child out of (fee estate, in preference to all other liens. The commissioners, by their return, allow ed her SI,BOO. And Thalia, the first wife, appeared in coirt and contnverted An nie’s right, ffhe Court of Ordinary re fused to approre the leturn of the com missioners, on ;he ground that the three minor childrenof Thalia were not provided for by the rsturn, and on the further ground that Tlalia’s judgment, by tire law of New York is a special lien on the estate, higher ban the claim of Annie, to a year’s auppirt. Best, the administrator, then filed his amended answir to Thalia’s bill against him, in the nature of a cross-bill against them both, anc against various other de fendants claimng to have the highest lien on the fund, fir hills for the lunatic, while in the asylum,hills for nurses and attend ants, doctor’s Mils for services in his last illness, burial expenses, etc., etc. Thalia Petors then filed her affidavit, stating that sfje has reason to, ar.d does believe, that from prejudice, or local in fluence, she will not be able to obtain justice in the Stare Court, and prays that the case pendijg between the said Annie and herself be transferred to the Circuit Court of the Fnited States: Held, That the Court below erred in granting the order cf transfer, as there cannot in this jase, be a “final determina tion of the controversy, so far as it con cerns her,” in the Federal Court, unless all the other pa-ties to the litigation claim ing prior liens ipon the funds of the estate were before the Court. Judgment reversed. McCay, J., concurred. Warner J, dissenting.—lt appears from the record in this case that Mathew Peters aDd his wife, Thalia Peters, were divorced by a decree of the Superior Court of the Siate of New York on the 17th April, 183$, snd by the decree of that Court the kusland, Mathew Peters, was required to pay the sum of ten dollars per week for the support of his divorced wife and her three children, which alimony iB alleged to be due and unpaid ; that subse quent to the dite of this decree of divorce, Peters came to this State, and married another woman Mrs. Annie Peters, and died, leaving Mrs. Annie Peters’ his widow, and one child. After the death of Peters, Best became his administrator. Prior to the death of Peters, Thalia Peters filed a bill to enforce (he decree for alimony out of'his property in this State, which su’t is still Deeding. After the death of Peter", Mrs. Annie Peters made application to the Ordinary for a year’s sup port for herself and child out of the prop erty of I, is estate, which application was resisted by Mrs. Thalia Peters, and the re turn of the appraisers allowing the same set aside by the Ordinary on the ground that no provision was made for the children of Thalia Peters, and that if the claim of Mrs. Anoie Peters was allowed, it might defeat the claim of Thalia Peters aDd her children under the decree in their favor for alimony. An appeal was taken from the decision of the Ordinary, to the Superior Court, after this decision of the Ordinary in November, 1809, and whilst the appeal was pending in tho Superior Court, to wit: cn the 20th December, 1869. Best, as the administrator cf Peters, filed his cross hill under the provisions of the Code, and obtained an injunction against Mrs. Thalia Peters and other defendants, in which cross bill the facts before recited aro fuljy set forth, as well as the respective claims of Mrs. Thalia Peters and her chil- dren, and the claims ot Mrs. Annie Peters and her child, to the property of his in testate ; and also alleges that he has been notified by Mrs. Annie Peters’ counsel that she intends to apply for a homestead out of the property of his intestate, and that he contends that she is entitled to the same as well as to a year’s support, and dower, oat of said estate, before aDy debts due by said estate should be paid. It is alleged in the cross hill that the estate will he insolvent as to the allowance claimed by either of the contending par ties and prays the direction of the Court: First, as to the claim of said Thalia Peters and children, and the status and dignity of said judgment, and the rights under said decree. Second, as tu the rights of said Annie Peters and bet child, and that the said Thalia Peters and her children, ini the said Annie Peters and her child, he re quired to prove and be heard upon their several claims, and that the defendants re spectively be enjoined and restrained until the Eevcral matteis aforesaid can be fully settled. At this stage of the case, in the Court below, Mrs. Thalia Peters, one of the defendants in the cross bill, pe.itioned the Court as a non-resident cf the State to remove the cause from the State Court to the Circuit Court of the United States un der the provisions of the Acts of Congress of 1866 and 1867. The bill of exceptions states that the applioation was made to re move the appeal cause from the Superior Court, but that ajrpeal. cause, as we have seen, had been included in the cross hill, and made a part thereof, and was enjoined, and a motion to transfer that would necessarily transfer all the proceedings connected with it, and such was the legal effect of the motion. The first rs these acts oi Con gress provides for the removal of the suit, when the suit has been instituted, or pros ecuted, for the purpose cf restraining or enjoining a non-resident defendant; or, if the suit is one in which there can be a final determination of the controversy, so far as it concerns him, without the presence of the other defendants as parties in the cause; that is to say, it the non-resident defendant is restrained by an injunction, he may remove the suit; or, if the suit is one in which there can be a final determin ation efthe controversy, so far as concerts him, without the presence of the other de fendants as parties in the cause, then he may remove it mto the Circuit Court, The amendatory Act of 1867 is much broader in its terms, and provides, that where a suit is now pending, cr may here after be brought in any (State court, in which there is controversy between a citi zen of the State in which the suit is brought, and a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of cost, such citizen of another State, whether he be plaintiff or defendant, if he will make affidavit, stating that he has reasons to, and does, believe that from prejudice, or local influence, he will not be able to obtain justice in such State Court, may, at any time before the final hearing or trial of the suit, file a petition in such State Court for the removal of the suit into the next Circuit Court of the United States, etc., and upon compliance with the terms of the Act, it is made the duty of the State Court not to proceed any further in said suit, These two Acts of Congress are remedial stat utes and should receive a liberal construc tion. The argument that the motion tore move only applied to the appeal from the Court of "Ordinary, is merely technical, in view of the facts in the record. When the cross-bill was filed it embraced all the matters in controversy between the par ties, and the court of equity had acquired jurisdiction of them for the purpose of ad judicating the same, and the whole matter was before the court below, the cross-bill, and all the other proceedings involving the rights ot Thaiia Peters, the non-resi dent defendant wno was enjoined, as well as tho rights of Annie Peter, who claimed her year’s support, and the motion to remove was resisted be cause the cross btll had been filed, and all the matters in controversy between the parties had been merged in it, and that they had been enjoined by the court from prosecuting the same (until tho final judg ment of the couit should be had in regard to them, including Thalia Peters’ claim under the New York decree, as well as An nie Peters’ claim to a year’s support out of the intestate’s property peudiog on the appeal in the Superior Court. The rights of the respective parties to the insolvent intestate’s estr-te were involved in that ap peal which were embraced in the cross bill, and were to be adjudicated on the final heaving thereof, and should not be otherwise adjudicated, except in the Court of Equity which had taken jurisdiction of the several matters in controversy between the parties, and tho motion to remove that part of the case as the same then stood before the couit, was, for all practi cal purposes, as contemplated by the acts of Congress, a motion to remove the whole case. Thalia Peters, the non resident de fendant was enjoined irons prosecuting her claim in tho other courts of the State, and her rights to the intestate’s property were to be finally adjudicated on the final hear ing of the cross-bill. Tho motion to re move the case was a motion to remove it as it then stood before the Court; and the legal effect of allowing the motion was to transfer tho whole case to the circuit court. The cross bill made it one entire ease, so far at least as the rights of the non-resident defendant, Thalia Peters, was concerned in tho intestate’s property. The contest between parties in the Court of Ordinary war, whether the claim of Thalia Peters should be allowed, or the claim of Annie Peters should bo allowed, the allowance of either claim would ex haust the intestate’s estate os against the other claimant, the estate being insolvent, and the decision of the Court on the cross bill filed by the administrator for direction, will be a final adjudication as to the claim of Thalia Peters, to be paid out of the property of tho intestate, both claims can not be paid- Tho administrator, in legal contemplation, represents both parties so far as their respective interests in his in testate are concerned, and the final decree on the- bearing of the cross-bill will boa final adjudication of the claims of the re spective parties, to be paid out of the in testate’s property. In my judgment, Tha lia Peters, the non-resident in the cross bill, who had been restrained by injunc tion. bad a clear and indisputable right un der the Acts of Congress of 1866 and 1867, to have had her petition for the removal of the ease granted, and that there was no error in the judgment of the Court below in granting the order for the removal of tho to the Circuit Court of the United btates. B Hill and Colonel Best for plaintiff in -error. Lyon DeGraffenreid and Irvin, by C. Lanier, for defendant. The Annexation of St. Domingo. SECRET PRELIMINAY TREATY BETWEEN PRESIDENT GRANT AND PRESIDENT BAEZ. In the official correspondence relating to the San JDomiuga treaty, laid before the United States Senate on Saturday by the committee of investigation into the Hatch imprisonment case, there appears a proto col agreed on in September last, wherein President Grant pledges his private prom ise to use all his influence to get a ma jority of Congressmen in support of the job of annexation before he communi cates the same to them officially. This lobby scheme was sctually signed, sealed and delivered. The following is the text of the document: 1 Translation. | The following bases which shall serve for framing a definitive treaty between the United States and the Dominican Re public, have been reduced to writing and agreed upon by Genera! Orville E. Bab cock, aide da camp to his Excellency General Ulyses 8. Grant, President of the United States of America, and his special agent to the Dominican Republic, and Mr. Manuel Maria Gautier, Secretary of State of the Departments of the Interior aDd of Police, charged with the foreign relations of the said Dominican Republic. First—His Excellency General Grant, President of the United States, promises privately to use all his influence in order that the idea of annexing the Dominican Republic to the United States may acquire such a degree of popularity among mem bers of Congress as will be necessary for its accomplishment, and he offers to make no communication to that body on the subject until he shall be certain that it will be approved by a majority. The ac ceptance of annexation will oblige the United States to pay one million and a half in coin in order that the republic may pay its debt, estimated at that sum. If the debt is in excess, it is to be paid by the republic. Second.—ln case the North American Congress stall reject the proposition for annexation, the Dominican Government would accept, as the pries of the sale of Samana, the $2,000,000 in coin which the same Government offered it under Presi dent Johnson. Third—His Excellency President Grant assumes the obligation to remit ierthwith to the Dominican Government the sum of $150,000, sljo,ooo to be in coin and $50,000 to be in arms, for the pur pose of defraying the unavoidable expen ses of the State. Credit shall be allowed for this amount, either on account of that which will be payable in the event of an acceptance of annexation or of a prefer ence for the acquisition of Samana. The fourth article provides that the United States will guarantee the safety of Dominica pending these negotiations. Fisth —It is understood by both parties that if neither of the bases referred to shall bo carried into effect they shall be re garded as null and of no value or force, and they shall, throughout all time, pre serve their character of inviolable secrecy; but if cne of the two extremes which they embrace tliall be accepted—annexa tion of the Republic or the cession of the Bay of Samana—their tenor shall be obligatory for both parties, and shall be embraced without change in the definitive treaty. Sixth—ln caso the proposition relative to Samana should alone be accepted by the United States, and the sum of one hundred thousand hard dollars shall be re mitted to this Capital of San Domingo, the Dominician Government will abstain from receiving it until the Senate shall have approved the bargain, for which pur pose it engages to submit that question and to solicit s»id approval as soon as the said sum may arrive. Done in duplicate in good faith in the city of San Domingo, the tourth day of the month of September, in the year of our Lord one thousand eight hundred and sixty-nine. (.Signed] _ Orville E. Babcock, Manuel Maria Gautier. There also appears in the official docu ments a letter dated February 19, 1870, in which Secretary of State Gautier , of Dominica, writes to Consul Perry that Hatch, an American citizen, is imprisoned by Baez because of what is called his irre concilable enmity to the scheme of annexa tion. and his determination to disturb the public mind against it. Admiral Poor, in a dispatch dated March 12, 1870, details an interview with Baez, and says the latter admitted that Hatch re mained imprisoned because of his influence vcith the newspaper press and people of the United Stales against annexation, A violent hail-storm near Lithonia, De- Kalb county, Monday, injured cotton, corn and oats. Cotton and Bice. We give below two items fretu the New Orleans Picayune , o! the 25tli instant: Fradulent Packing of Cotton. — Complaints of fraudulent packed cotton have become quite numerous oflate. This grand and shortsighted fraud should be dealt with harshly whenever detected. Our planters, as a class, are toe honorable to stoop to such meanness, and, since the dishonesty of a few knaves is to result in juriously to the whole community, it would be well to make an example of those who are caught at packing cotton falsely, or placing any foreign substance in the in terior of the bale. The Des Arc Citizen remarks as follows upon the subjeot: Fraudulent packing of cotton is getting too common to be healthy for the parties guiity of such meanness. Such steps will be taken here in the future as will effectu ally put a stop to it, cr put some folks where they can learn a trade without any indenture. Captain Biackccy, one of our merchants, tells us that the New Orleans merchants say they never knew of so much fraud before in the packing of cotton as has been exposed this season. Messrs. F. Gates & Bro., of Des Are, paid a bill, the past week, for one hundred and twenty-six pounds of sand, which cost them over thirty dollars. Messrs. Stewart, Gwynne & Cos. had a cast iron pinion, weighing forty-seven pounds, returned to them. Messrs. Walt & Cos. had a bale of w&ter paeked cotton returned to them at a con siderable cost. The Rice Crop.— The late showers have greatly improved the condition of the rice crop in Louisiana, and the estimate is now for a yield ot 75,000 barrels, clean, against 100,000 last year. The acreage put under cultivation was fully up to that of last year ; but the long drouth enabled the grass to get such a start in many localities, that tho yield has been cut off from twenty-five to fifty per cent. This is particularly the ease in the upper parishes, where iho finest rice is produced. The crop will, therefore, be both short and of poorer quality than last season. Important Decision made by Mr. Ciir.se. AN ADMINISTRATOR WHO INVESTED IN CONFEDERATE BONDS ORDERED TO MAKE A NEW SETTLEMENT. Circuit Court of the United States — Fourth Circuit and District of Virginia: John Head, Adeline Head (born Starke), and Charlotte E. Starke, vs. Ezekiel S. Talley, administrator dc boms non of John Starke, deceased. This is a suit in equity brought to en force payment by the defendant to the plaintiffs of their distributive shares of the estate of the decedent, John Starke. The proof shows that tho plaintiffs, Ade line Head and Charlotte R. Starke, were children, and are the only surviving heirs of John Starke, and that the defendant had in his hands as administrator on the 31st of January, 1860, the sum of $7,- 249.88 belonging to the estate. It is claim ed .by the defendant that he subsequently disbursed considerable sums in payment of just claims agkinst the estate, by which the balance in his hands was so far reduced that on tho 20th of September, 1803, only the sum of five thousand and odd dollars remained. The defendant states that the records and papers of the Hanover county court were destroyed by fire, and among them the records of the settlement by which this balance of about five thousand dollars was ascertained. It is agreed by counsel that the records in sundry cases, in which certain decrees and orders were made affectiug the balance in the hands of the plaintiff, were destroy ed by the fire mentioned by the defendant; but there is nu agreement that the record of the last settlement, on which he relies, was thus destroyed. It appears in proof that the defendant, as administrator, invested five thousand dollars in the loan of the States then con federated in armed hostility to the United States, aud received from the officers of the so-called Confederate Government a certificate for that sum. It is not disputed on the part of tho de fendant that there must be a decree for an account, and that, ho is liable to the com plainants for whatever balance may be found in his hands exceeding the five thousand dollars. The important questions in the case are two: First —Was the investment, in the loan of the Confederate States one which a pru dent person acting as trustee or adminis trator might make ? And Second —Was the investments being actually made in a 'oan to a politico mili tary organization formed for the purpose of overthrowing, the Union of the States under the national Constitution and estab lishing anew confederation in a portion of those States one which, under any circum stances, can be recognized in the courts of the United States as excusing the adminis trator from accounting for the funds in his bands to the parties otherwise entitled law fully to receive them ? Upon the first question little may be said. It must indeed be regarded as al ready decided. The court of the State au thorized by law to consider and sanction investments by administrators saneiioned the loan under consideration, and it is agreed that the most prudent and care ful business men were in the constant habit of making such investments. It would seem, therefore, to be unreasonable to call in question the good faith or pru dence of the administrator in the circum stances by which he was surrounded. If there had been no decision of the State Court approving the investment we could not say that the administrator ought to be charged if the investment were free from objection on other grounds. This makes it. necessary to consider the second question. But wo need not cx amine it at length, for in the case of Botts vs. Crenshaw, in this court, we held that the investment even of Confederate cur rency in Confederate bonds by an attorney who had collected a debt due to a citizen of Kentucky in the currency under what were considered to be justifying circum stances did not absolve him from account ing for its value, although in that case as in this the investment had been sanctioned by a court whose decision, but for the ab normal cond’tion created by the rebellion, would have been conclusive. This case, we thick, covers the present in principle. So in ihe case of Short ridge vs. Macon the Circuit Court of the United States for the district of North Carolina, speaking through the presiding judge ot the court, held that compulsory payment to a receiver under an order of a court of the United Slates of a debt due to a citi zen of Pennsylvania did not excuse the debtor from the duty of paying the same due to the original creditor. And we think that these decisions are sustained by the reasoning of the Supreme Court in the case of 'lexas vs. White. 7 Wall., 733. Nor is there anything in the case of Thoringlon vs. Smith, 8 Wall., 12, which conflicts with the case of Bolts vs. Cren shaw and Shortridge vs. Macon, in that case the Supreme Court held that con tracts stipulating for payment in Confed erate currency “cannot be regarded for that reason only” as void; but in this case there was, something more than the mere use of a currency imposed on the communi ty by irresistible force. There was an ac tual advance of montiy to the Confederacy itself. There was an investment of trust funds, entirely voluntary on the part of the administrator, in a loan *o the Confederate Government to aid it in its effort to dis member the Union and to overthrow the National Government. Whatever may have been the motive in ducing such an investment, however itmay have been warranted by example, or even by judicial authority, itself involved in the general rebellion, it is impossible that it should receive the sanction of a court of the United States. We must hold, therefore, the investment complained of to be inoperative as a dis charge from responsibility to the com plainant, and will so decree, ordering an account by the defendant with the com plainants, and payment of such a sum as may be found.— Richmond Dispatch. There is acollard growing in Mr. George Allen’s garden, near Thomaston, the leaves of which measure two and a half feet long and eighteen inches broad ; it is two and a half feet high, and just as the leaves grow, the coilard measures four and a half feet across. The Savannah police arrested recently a number of white and black boys, ranging in age from five to eighteen who were having a regular pitch battle with rocks, sticks, etc. There were over one hundred engaged and two of them had been pain fully injured. The freight on a box of crackers from Chicago to Macon, a distance of 1,000 miles, is sl4, and from Macon to Albany, a distance of 106 miles, is $13.90. The Savannah Radicals being greatly in want of money, decided at a meeting a few days since to raise the wherewith by assessing Federal officials there 2£ per cent a month on their salaries. Alton Angier, a son of the State Trea surer, castigated Scruggs, the managing editor of Bullock’s New Era, on Thurs • day, for abusing his father m that paper. The Herman Livingston left Savannah on Thursday, carrying 1,585 bales of up land cotton and 249 packages of vegetables for Northern consumption. It is stated that daring the last six months of his life, the late Mr. Padelford gave $200,000 towards charitable objects and societies. His private fortune is va riously estimated at from $1,000,000 to $1,500,000. On Wednesday Messrs. Charles Green, Son & Go., cleared the American bark Woodside, Captain Edmunds, for the above port with 1,709 bales of upland cot ton, weighing 786,221 pounds, and valued at $165,383. Letter rroni Louisville. Editors Chronicle & Sentinel: la accordance with previous appoin*- j ment, a very large crowd assembled in Louisville on the 24th to witness the ede- i bration of the day by tho Masons. Re sides a full attendance from the county of Jefferson, there were present, also, large delegations from the counties of Burke, Glasscock, Washington and Emanuel counties. At 11 o’clcck*the Masons hav ing formed in procession, marched from their Lodge trrough the principal streets to the stand prepared for the speakers. We have never seen a body of men whose general appearance impressed us ns pos sessing more of vigor, intelligence and moral worth. The Masons are certainly composed of the finest specimens of their respective counties. Having reached the stan,d. where we suppose were some twelve or fifteen hundred spectators quietly wait ing, the services were opeued with a most solemn aud impressive prayer by the Rev. Mr. Sweet, the Methodist min ister, in charge of this circuit. Thu first speaker 11. B. Tompkins, Esq-, of Savan nah, was then introduced. Mr. Tompkins appears to be quite a youDg man, of pleasing address, smooth and easy man ners, and withal just such a general ex pression as is well calculated to enlist tho attention of an audience. His composure, calm and collected delivery, soon removed all those apprehensions of failure we usually experience upon tho appearance of so young a speaker before such a large crowd. He consumed about thirty minutes in delivering a concise, well conceived and forcible address. There was no effort at display, but an earnest and dispas donate appeal to truth and reason, that would have done credit to many an older and more experienced debater. In short, it was an admirable address, well arranged, and handsomely delivered. At the conclusion of the first speech the the Rev. B. Johnson was introduced to the audience. If correctly informed, this gen tleman is an Episcopal minister of Maeon, Georgia, and pastor cf' Christ’s Church in that city. It is impossible to comment upon his speech with credit to myself or justice to the address. Reaching tar back beyond the knowledge or reasoning of or dinary men, into the remotest history of this mysterious order, he traced its rise aud progress through the various stages of its existence with a precision and beauty that enchained his audience, notwithstand ing the usual insipidity of historical refer ences. This elaborate address, filled with beautiful figures and illustration", at once convinced ail that we stood in the presence of a ripe scholar, a cleyer reasoner aud a. perfect orator. But I refrain from further comment on this sublime oration with this remark : I am satisfied there is no superi or and but few, it any, equal to it upon the subject of masourv. At the conclusion of these services the audience were invited to repair to the heavily laden tables to refresh themselves with tho immense abundance of meats and delicacies prepared for the occasion. As 1 do not wish to prolong this communication, I will only say of the dinner it wa3 unex ceptionable. Surely the Masons docth all things well. So far as my observation extends, the crops of this county are doing remarkably well. With continued good season the yield of corn and cotton will be large. June 27, 1870. Philos. Charles Dickens, The Stories of the Death of Little Nell ami Little Paul. No writer of fiction ever appealed so directly to the better feelings of human nature as Dickens. None ever described the death of children (whom he loved supremely)- with such consummate touches of beauty. No more touching story was ever told than that of little Paul Dombey, unless, possibly, it be that sadder one of “Dear, gentle, patient, noble Little Nell,” in the Old Curiosity Shop ; and so long as English literature endures, will these be road in every household, in every land, with swelling hearts and overflowing eyes. Had Dickens written nothing but these two sorrowful stories, he would still have touched a responsive chord, aid have been einblamed in millions of hearts on both sides of the ocean. At last tho master hand that magnetized the world with its touch has been stilled in that death wh'ch it bo often and beauti fully described—nowhere more beautifully and feelingly than in the two brief extracts which we copy here as illustrating that boundless sympathy with purity, goodness and suffering that made himself as fresh and loving in heart as a child. He has followed the “old, old fashion” that he portrays here in such gentle, tearful words —“the old, old fashion, Death”—only to take on, like little Paul, “that older fash ion yet of Immortality.” DEATH OF LITTLE NELL. She was dead. No sleep so beautiful and calm, so free from trace of pain, so fair to look upon. She peemed a creature fresh from the hand of God, and waiting for the breath of life ; not one who had lived and suffered death. Her couch was dressed wiih here and there some winter berries and green leaves, gathered in a spot she lad been used to favor. “When Is die, put mo near something that loved the light, and had the sky above it always.” Those were her wotds. She was dead. Dear, gentle, patient, noble Nell was dead. Her little bird, a poor slight thing the pressure of a finger would have crushed, was stirring nimbly in its cage, and the strong heart of its child-mistress was mute and motionless forever ! W here were the traces of her early cares, her sufferings and fatigues ? All gone. Sorrow was dead indeed in her; but peace and perfect happiness were born, imaged, in her tranquil beauty and profound repose. And still her former self lay there unal tered in this change. Yes! the old fireside had smiled upon the same sweet fuce ; it had passed like a dream, through the haunts of misery and care ; at the door of the poor schoolmaster on the summer eveuing, before tho furnace-fire upon the cold, wet night, at the still bedside of the dying boy, there had been the same mild and lovely look. So shall we know the angels in their majesty after death. The old man held one languid arm in his, and the small, tight hand folded to his breast for waimtji. It was the hand she had stretched out to him with her last smile ; the hand that had led him on through all their wanderings. Ever and anon he pressed it to his lips; then hugged it to his breast again, murmuring that it was warmar now, and, as he said it, he looked in agony to those who stood around!! as if imploring them to help her. She was dead, and past all help, or need of help. The ancient rooms she haa seemed to fill with life, even while her own was waning fast, the garden she had tended, the eyes she had gladdened, the noiseless haunts of many a thoughtless hour, the paths she had trodden, as it were, but yesterday, could know her no more. “It is not,” said the schoolmaster, as he bent down to kiss her on the cheek, and have his tears free vent, “it is not in this world that Heaven’s justice ends. Think what it is, compared with the world to which her young spirit has winged its early flight, and eay. if one deliberate wish, expossed in solemn tones above this bed, could call her back to life, which of us would utter it ?” She had been dead two days. They were all about her at the time, knowing that the end W2s drawing on. She died soon after daybreak. They had read and talked to her in the earlier portion of the night; but, as rhe hours crept on, she sank (o sleep. They could tell by what she faintly uttered in her dreams that they were of her journeyings with the old man : they were ol no painful scenes, but of those who had helped them, and us’d them kindly, for she often slid, “God bless you !” with great fervor. Waking, she never wandered in her mind but once, and that was at beautiful music, which, she said, was in the air. God knows! It may have been. Opening her eyes, at last, from a very quiet sleep, she begged that they would kiss her once again. That done, she turned to the old man, with a lovely smile upon her face, such, they said, as they had never seen, and could never forget, and clung, with both her arms, about hi-, neck. She had or complained ; but, with a quiet mind, and manner quite unaltered, save that she every day became more earnest and more grateful to them, faded liko the light upon the summer’s evening. ******* Along the crowded path ihey boro her now pure the newly fallen snow that covered it, whose day on earth had been as fleeting. Under that porch where she had sat, when Heaven in its mercy brought her to that peaceful spot, she passed agaiD, and the old church received heriu its quiet shad?. HEATH OF LITTLE HAUL. Or.e night he had been thinking of bis mother, and her picture in the drawing room stairs, and thought she must have loved sweet Florence better than his father did, to have held her in her arms when ste thought she was dying—for even he, her brother, who had sueh dear love for her, eould have no greater wish than that. That train of thought suggested to him to inquire if he had ever seen his mother ; for he could not remember whether they had told him, yes or no, the river running very fast and confusing bis mind. “Floy, did I ever see mamma { “No, darling, why ?” “Did I over see any kind face, like ma ma’s, looking at me when I was a baby, Floy ?” He asked incredulously, as if ho had some vision of a face before him, “Ohyes, dear." “Whose, Flay ?” “Your md nurse’s. Often ” “And where is my old nurse?” sail 1 aul. Is she dead too ! Floy, are we all dead, except you V . There was a hurry in tho room, for an instant-longer, perhaps ; but it seemed no more-then all was still again; and hlorenee, wuh her face quite colorless, but -nniiDg, held his head upon her arm. Her arm trembled very much. please*?” WC the old nurse > Floy > if come p>morrow.” Cre * SLe shall “Thank you, Floy!” fell aslcen e< WK ey f with , tl:eSG words and \■ i J?* . ” hen he awoke the sun was high, and the broad day was dear and warm. lie lay a little, looking at the windows, which were open, and the car *ai?Bfru9t ! D8 la th o air, and waving to and fro then be and, “Floy, is it to morrow ? Is she cotnc ?” Someone seemed to go in quest of her. Perhaps it was Su-an. Paul thought he heard her telling him when i;c had closed his eyes again that she would soon be back ; but he did not open them to see bhe kept her word- perhaps she had ever been away—but the next thing hap and C tlr» a p a D , olsc I ° f footsteps on the stairs, and then I aul woke-woke mind and body -and sat upright in his bed. Ho saw them now about him. There was no gray mist before them, as tiiare bad been times in the night. He one called them by their name" >L ' And who is this? l g t ) lis ,3! J** rartunt smile, a figure coming in. 1 es, yes. N 0 other stranger would have shed those tears at sight of him, and called him her dear bay, her pretty bay, her own poor blighted child. dSo other woman would have stooped down by his bed, and taken up his wasted hand, and put it to her hps and breast, as one who had some right to load* it. No oMierJwoman would haveiso forgotten everybody else but him and l’loy, and been so full of tendeme-s aud pity. i» “? IOy Jr tids ia 3 . eo °d face 1” said 1 aul. 1 I am glad to see it again. Don’t, go away, old nunc ! S*ay here.” His senses were all quickened, and he heard a name be knew. \\ ho was that, who said Walter?” he asked, and looked around. "Someone said U alter. Is he here ? P should like to see him very much.” Nobody replied directly ; but his father soon sa!d to Susan, “Call him back, then • let him come up!” After a short pause ot expectation, during which he looked with uml ng interest ;ud n Older! on his nurse, and saw ihat she bad not forgotten fiioy, U alter was brought into ihe room. His open face and manner, and his cboer ful eyes, had always made him a favorite with I aul; and when Paul saw him, he stretched out his hand, and said “Good bye 1” Good-bye, my child 1” cried Mrs. Pipehin hurrying to his bed’s head. “Not good-bye ? For an instant, Paul looked at her with the wistful face with which he had so often gazed upon her iu his corner by the (ire. “Ah yes,” ho said placidly, “good-bye! Walter dear, good-bye !” —turning his head to where he stood, and p itting out his hand again. “Where is papa ?” ' He felt his father’s breath upon his cheek before the words had parted from his lips. “Remember, Walter, dear papa,” he whispered, looking in his face. “Remem ber Walter. I was fond of Walter !” The feeble hand waved in the air, as if it cried “good-bye !” to Walter once again. “Now lay me down,” ho said, “and. Floy, come close to me and let me see you !” Sister and brother wound their arms around each other, and tho golden light came streaming in, and fell upon them, locked together. “How fast the river runs, between its green banks and tho rushes, Floy ! But it’s very near theses. 1 hear the w; ves ! They always said so !” Presently he told her that the motion of the boat unon the stream was lulling him to rest. How green the tanks were now ; how bright the flowers growing on them, and how tall the rushes ! Now the boat was out at sea, but gliding smoothly on. And now there was a shore before " him. Who stood on the bank ? He put his hands together, as ho had boon used to do at his prayers. Hu did not remove his arms to do it; but they saw him fold them so, behind tier neck. “Mamma is like you, Floy. I know her by the face ! But tell them that the print upon the stairs at school is not divine enough. The light about the head is shining as 1 go I” The golden ripple of the wall eamo back again, and nothing else stirred in the room. The old, ofd fa hion ! The fashion that came in with our first garments, and will last unchanged until our race has run its course, and the wide firmament is rolled np like a scroll. The old old, fashioned—Death. Oh thank God, all who see it, for that older fashion yet, Immortality ! Arid look upon us, angels of young children, with regards not quite estranged, when the swift river bears us to the ocean ! Heat and Mortality in New York.— The extraordinary heat of the past days has caused a great increase in the city mortality, at least an average increase of 75 per cent upon last week’s. During the twenty-four hours ending at noon on the 29th, there were 106 deaths against 61 during the corresponding hours last week. On the 26th for the same day there were 107 deaths against 74 last week, and so ever since the hot weather set in. State Hews Griffin experienced a terrific hail storm iuesday. Mrs. Thomas Evans, of Washingfon eounty, died last week. Crops in Newton county arc growing Ihe grass near Covington has overrun tho cotton. Covington eat her first tomatoes last week. All the inmates but one escaped from the Ligranee jail Monday. A destructive rain-storm visited Newfon county on last Monday. Three 15th amendments died at Rome last week of consumption. The first peach ripened in Floyd county on the twenty-fifth of June. Floyd county has cotton blooms a week earlier than usual this season. Pcashcs at 25 cents per dozen were the sensation, Saturday, at ilawkinsyille. The Sparta Times and Planter speaks encouragingly of the crops iu its neighbor hood. LaGrange has within its limits 406 dwellings, 482 families and a population of 2,253. The death of Mr. 0. C. Clark, and of Mr. James Fleming is announced in the Ilawkinsville Dispatch. The fire alarm bells purchased by the Rome City Council have reached that place and been hung. On last Sunday the Georgia Railroad depot at Thomson was struck by lightning and slightly injured. On Monday last, in Pike county, a negro named Harold shot another negro named Jones, killing him instantly. Excellent pasturage in the corn and cot ton fields along the railroad from Macon to Hawxinsville, is reported by passengers. Richmond and Atlantic railroad is the new name for the road which heretofore wa3 known as the Georgia Air Line. The editor of the Hawkinsvil'e Dispatch says the thermometer was 99 degrees in his office last Tuesday. The Jewish congregation of Atlanta have bought the second market house of that city, for $7,250, and will convert it into a synagogue. . Savannah shipped, on Tuesday, twenty six boxes of peaches to New York, the first shipment of the season. Rev. J. L. Pierce, of Bartow, took morphine for quinine, and was opportune ly saved by Lis physician, j Messrs. Wool ten & Roberts have leased I the Millcdgeville Recorder, and will take | full charge of it after July Jst. I. M. Kenney, of Athens, has discovered a process by which nut grass can be exter minated. “The proof of the pudding,” etc. Dalton has a keno rink and seems rather proud of it. Children under six arc not allowed to play. Bullock fas granted a thirty days re spite to B. Barlow who was to have been hung iD Griffia last Friday. 'i he Chataiu county regatta association will have a 4th of July boat race at tbo Isle of Hope to-morrow. Atlanta had a ha.loon ascension on yester day evening. Bullock’s wickedness may cause the whole town to “go up” some day. ihe people aad papers swear fearfully at the warm weather. The thermometer stood 93 in the shade Friday. It is rumored that an enterprising party will buy the Savannah Opera House and remodel the building. A Macon man is suing the city for $lO,- 000 damages caused by the fall ot a brick wall which should have been removed as dangerous. Bibb Superior Court has sent to Grant Alexander & Cos., Clark Rains, for horse-’ stealing, ten years, and George Washing ton, burglary, ten years. One day last week, Mr. J. C. Winter residing iu the neighborhood of Winter ville, some seven or eight miles from Athens, returned to his house from the field, very warm, took a drink of cold water, and in less than an hour was dead
