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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (July 27, 1870)
£brcmiclr & Sentinel. WkIOESUAi MOK.MXti, JILT 2!. The European War and the Price of ProTUions. There follows, as a natural consequence upon the breaking out of hostilities be tween two such great powers as Prussia and Prance, speculate theories and ven tures in trade, usually styled speculations, in breadstuffs and all classes of provisions. There must be bread, or there can be no war. Armies must eat, while they pro duce nothing and waste much. How many biscuits have you, was usually the first demand of the Great Napoleon from his great Lieutenants. If such be the in ctinct of the popular mind, and such the first inquiry of great Generals, it is hardly possible, and if possible, it is the utmost of incomprehensible foolhardiness in those who control the destinies of two such great cations, wielding such immense forces of armed men, to precipitate their respective nations into war with ill-supplied commis sariats, or commissariats incommensurate with the jwohahle duration and intent of the contest. Moreover, it is the habit of the great powers of the European conti nent always to keep large standing armies in time of peace, and of course, adequate supplies of every kind necessary for their maximum military strength. Besides, in these densely populated empires, where, in the propitious years, the annual produo tion never exceeds, and rarely equals the demands of their populations, govern ments find it necessary to provide against the contingences of disastrous crops, and to lay up stores of cereals in public grana ries. This has become an accepted public policy, imperatively demanded to avoid the evils which accompany a saarcity of bread, and the approach or existence of famine. Such being the customs and necessities which have been incorporated with the publio policy of the nations of continental Europe, it is very unreasona ble to suppose that cither France or Prus sia would go to war without full supplies, equal not only to sustain the armies in the field, but to secure tranquility at home during the first campaign. This war lias been long brooding. It has progressed with almost the regularity of a process of incubation. By the modern economists of Europe, it has been again and again announced that the first effect of war is a rise in the prico of grain, and that cheap bread brings public content ment. Clearly, therefore, both the gov ernmental policy and the received maxims of political economy in Europe, point to large accumulations of breadstuffs by both of the nations at war, and to a present ac cumulation, in an amount, to meet the probable demands both of the people and the wastes of war for a loDg time to come. Again, the inhabitants of continental Eu rope have been accustomed to war from the earliest ages. They know how to measure its effects. They live under strong gov ernment*, and have a perfect knowledge of the meaning of the politic phrase, “the necesssities of the government,” as display ed in “impressments.” Upon the approach of war,, therefore, there will be every in ducement to convert whatever of surplus that may be exposed to such necessities into ready money for future contingencies. We may fairlylassmuo, therefore, for at lsust the first campaign, or the first year of tho war, there is not likely to arise a demand for provisions from this couutry so extraordinary as to force war prices upon our domestic consumption, notwithstand ing tho terrible acoounts of drought in Europo, and bread riots in Franoc, and excessive wet and cold bringing injury to crops that are tributary to the great Eastern grain port of Odessa, as contained in Northern newspapers. But while wc are utterly freo from these views of speculative alarmists, we confess j that there is much in the presout condition of European affairs which should engage the careful consideration of our farmers and invoko every effort to increase their food products and to induoo them to guard with the utmost coonomy their prcsiut supplies. This war between Prussia and France is not simply an affair oi governments, but is a war of peoples. Tho progross of Ger many is towards consolidation, as well for the amhitiou of the monarch as tor the interests and ambition of the peoplo. Every Gorman feels that tho petty political divisions of Germany, which the policy of Eranoc devised and inaugurated for tho protection ol tho French Empire, should be swept away—that they were designed to weakeu, and do wcakon, hinder and iinpedo the progress of German strength, and, in those days ofgreat uationalties, arc hurtful to national interests and political impor tance- French interests and French pride demands that no great power shall be suf fered to grow up in Eastern Europe which shall monaoo the power and supremacy of La Belle France upon the European con tinent. The people of eaoh nation appear to a unit for war. The brave, excitable l’ronohmen chant, with French enthusiasm, the Marsellaise in the streets of Paris, whilo the German student sings in pronounced tones of de termination, lhey shall not have him ! the Free German Rhine ! and the patient, en during, persevering German musses, swell t he chorus with the deep tones of earnest enthusiasm. When this condition exists, wars are not of short duration. It is no longer a mere question of dynasty, which may he settled by a battle ami a kingly conference; luit the coutest is prolonged to ex haustion. With a prolongation of the war it would worn hardly possible for the other powers of Europe to escape being drawn into the vortex. Will it he possible for the con tending armies to avoid infringing upon the neutrality of the intervening territory of Belgium, the natural battle ground of both of the hostile powers ? Upon such an infringement, there is every probability that a congress of the great powers, the modern contrivance for keeping the peace of Europe will he utterly tmpractiffiible, and each and every European nation will he found in alignment either on one side or the other to readjust the map of Europe from the Bosphorus and the Isth mus of Suez to the Baltic aud North Seas. It is this probability in our apprehen sion—the involvement of all Eu rope iu war—which calls for a com plete abandonment of the policy ad hered to by the mass of southern planters of the fatal policy of planting cotton to the exclusion of corn,' and relying upon trade to furnish food from the prosperous and prospering grain growing west. The dawn of early spring may see Russia in com plete alliance with Prussia, and Odessa and the grain ports of the east closed against Eastern Europe. Already the Khedive of Egypt is organizing a large army, and the Sultan of Turkey is mobi lizing his reserves. Spain spares no more troops for the security of Cuba; while the armies of Italy, Austria, Russia, Prus sia and Denmark are being put upon a war footing. When Western Europe secures for its exclusive use the surplus cereals, which now find an outlet through the ' straits of Dardanelles and the Mediterra nean sea. Eastern Europe must make good its deficiencies from the fields of the United States. Then there will follow war prices for provisions in the ports of the United States. There is yet time for Southern plan ters to mitigate the evils of an erroneous aud suicidal policy. The wheat crop har vested has been unusually large, and of unexampled quality. There is yet time to increase largely forage crops; and our climate permits the winter growth of email grain, and almost an indefinite ex tension of root crops—turnips and carrots, as fall crops, which will greatly abridge the demand for corn during the winter months, and avoid the contingency of war prices during the coming spring. Memphis, JIII7 21, noon. —Jefferson Davis left yesterday, via the Southern .mail route, for Europe, to bring bis family jue. The President and Congress. The peace preserving policy of Great j Britain ic recent wars, has been the source [ of immense wealth to British subjects, : s well as strength to the British govern ment. While other nations fight and de stroy and lay waste, Great Britain pre serves neutrality, and her' ships do the carrying trade of the world, and her workshops resound with the hum of busy industry, manufacturing and fabricating as well for the world's consumption as for tho belligerents themselves. The safes of her bankers in her condition of neutrality, become the repositaries of the floating capital of the world’s commerce to extend and perfect her control of the world’s ex change, and her merchant princes under free trade policy, acquire great wealth by the purchase of property exposed to the risks and hazards of war. The existing rupture between France j and Prussia, afforded an opportunity for : the United States to recover much of her j lost prestige and position, as a commercial nation, by imitating the successful policy of Great Britain. The commercial marine of the United States was almost wholly broken up during the late civil war. That which was not destroyed upon the high seas, sought refuge under foreign flags, and Great Britain for J,he most part vras the gainer—purchasing American ships at ruinously low prices, and getting rid of American competition in the ocean trade. The Prussian navy is inadequate for the protection of the Prussian commercial ma rine by reason of the preponderance of the French naval forces, and the exposure made necessary by their lines of traffic. The commercial marine of Prussia com prised some splendid lines of magnificent steamships, counting some twenty-six mag nificent steamships, trading to the ports of the United States, many of which were built by British artisans upon the Clyde. Their owners will be compelled to part with them to avoid loss by capture, and would naturally prefer the American market and the American flag. Here was a splendid opportunity to make good, at cheap rates, former losses. The only hindrance was the navigation laws of the United States, which prohibits registry to foreign built ships except upon certain onerous condi tions, which puts an effectual bar to such purchases. The President, much to our surprise, promptly pointed out to Congress the op portunity for regaining losses by this means, as well as the golden opportunity for reviving the shipping interest by sub sidies to a few established lines, and asked Congress not to adjourn, in the face of a European war, without making some pre vision for tho shipping interest under such ciroumstanoes. The message itself was a buDgling produciion, it is true, and did not come boldly up to the mark, but beat about the bush with Indian treaties and other inconsiderable matters. Neverthe less the point was clearly made. Even if it had not been made, and the President sent in no message, the opportunity was so palpable that oob might suppose that Congress would, of their own accord, have seized it and improved it by prompt action, as all disinterested outsiders were saying and repeating—now’s tho time. But Con gress treated the President’s message like it did his Virginia policy—thrust it one side and adjourned. We believe that one or two Senators diet find time enough to say that it was very wroDg to buy cheap fore'gd vessels, even if sold at mere nomi nal prices, because they were not of Amer ican manufacture; and one or two others did hurriedly say that if the navigation laws were repealed temporarily—for a year or so—American citizens would buy more ships than would do all the carrying trade of the world, and there would bo no work left for American ship-builders. Once again General Grant has been timidly right upon tho record with the people, although at the expense of a humiliating snub by Congress, hut it has been of no avail. Kirk's Victims— Judge Pearson Hesitates. Our latest information from the scene of Kirk’s outrages, leaves us little hope that Chief Justice Pearson will attempt to en force process compelling Kirk to answer the writ of habeas corpus sued out in favor of the A l tt man c e prisoners now 7 in his custody. On the opening ot Court on Tuesday last a long letter was read by R. C. Badger, counsel for Kirk, from Holden, giving his reasons for organizing Kirk’s jayliawks, aad assuming all the responsibility for the alleged unlawful arrests. Upon the con clusion of the reading, Judge Pearson pro pounded to the counsel of the prisoners the following questions in writing : 1. Do the facts set out by his Excellency show that Col. Kirk had a “reasonable ex cuse” for not making return to the writs of habeas corpus, as so to release him from the powers and penalties of an attach ment ? 2. Do the facts set out show an “insur rection” and a condition of things putting the lives and property of our citizeus in such imminent peril as to suspend the writ of habeas corpus in the counties sub ject to military occupation ? 8. Suppose the writ not to be suspend ed as in the present condition of the coun try, it is highly probable, nay, iu my opin ion, certain , that an order to the Sheriff of a comity to call out “the power of the county,” and with force take tho peti tioners out of the hands of the military authorities will plunge the whole State into civil war—should not the act of 18ti8-’69, he so construed as to make it subservient to that clause of the Constitu tion, which confers power on the Governor to call out the militia to suppress riots and insurrection in counties where the Governor has exercised this pow 7 er ami taken military possession ? 4. If so, should the writ be directed to the Governor? 1 shall be pleased to bear argument on these subjects as questions of law, and will leave it to the good sense of the counsel to decide, whether an excited discussion such as yesterday, will be calculated either to aid mo iu forming an opinion, or to answer any other useful purpose. Pearson. If we correctly understand the import of the third question. Judge Pearson inclines to the opinion that an attempt on his part to enforce the laws of the land, may lead to a collision between the officers of the law and Kirk's insurrectionary hand, and that to avoid such a possible result he is quite willing to violate his oath, which re quires him to “see that the laws are faith fully executed," and dismiss the motion for an attachment against Kirk. The people of North Carolina are indeed in a pitiable condition, when the highest Judicial officer in the State hesitates to per form bis sworn duties lest a collision may thereby be produced with a band es law less ruffians, who have, with force of arms, violated the liberty aud threatened the lives of some of its best citizens. When the officers of the law fail to give the cit izens protection, they will be compelled to meet force with force. They have sought to avoid this terrible alternative— they have applied to the courts, and legal redress being denied, there is nothing left ! them now but to submit to the outrages of . Kirk, or strike in their own defence. It j will be a base act of cowardice for those who are leaders of popular sentiment there ; to fly the country and leave the great ! bod v of defenceless citizens to the tender : mercies of such cruel bandit's as Kirk and ' bis East Tenuessee jay haw kers. Wiiupey ou the Rampage. IVimpey, the fellow who was detected | last summer in an attempt to flood North eastern Georgia with counterfeit money, has written a letter, or rather a legal ( opinion, in which he takes the position that military government continues in force here until members of Congress from the ; State are actually sworn in and admitted ■ to seats in the national legislature. Wirespey's legal opinion upon the crime j of “uttering counterfeit money” might j be entitled to some respect, as be is said ! to have some experience on that question, i but we opine that little force attaches to j A it opinion upon the Georgia status. How it that for High! Bullock’s new organ, which claims to be still a Democratic paper, quotes from the Constitutionalist to show that it waa right in taking the position that, under the late Georgia Bill, there can be n* election this fall. Grant'gjC'abinct on the War in | Europe. ; General Grant’s Cabinet seems to be j apprehensive that France may, by her course in relation to Cuba, force the United States into the great struggle now impend ing over tbs whole of Europe. There was a prolonged cabinet meeting on Monday last, at which, it is said, the President laid before the Cabinet informa tion from Europe to the effect that Napo leon intends to seize Cuba in the event that Spain takes sides with the enemies of France. If such action towards Cuba should be attempted by France, the Presi dent is understood to be quite decided in saying that he will enforce the Monroe doc trine, and this will lead to a conflict be tween Napoleon’s Government and the United States. General Quesada, the Cuba\a leader, who has just returned from Europe, says he had two interviews with Napoleon and three with Ollivier, the Prime Minister, while he was in Paris, and that he was in formed that, under certain eontingencies, France will assist the Cuban insurgents in their contest with Spain. In the present and prospective compli cation of affairs in Europe, it will require much skill and diplomacy on the part of Grant to keep clear of an imbroglio with one or other of the parties. It will tax the ability of the present Cabinet to its utmost limits to preserve neutrality with oct a sacrifice of American rights or American honor. Time will show their ca pacity in this behalf. Forney Alarmed. Chief Justice Chase arrived at St. Paul, Minnesota, last week, in company with h;» daughter and ex-Con!ederate General John C. Breckinridge. The whole party took rooms and announced their intention of remaining some weeks, h there any po litical significance in this new intimacy f Forney's Press. We believe thc-rc is. The conduct of the extreme Radicals lias been such as to drive the best men in the Republican party to seek alliance with the only party in the country capable and willing to restore the Government to the channels marked out by the Constitution of the United States. Judge Chase, barring bis idiosyn cracies on the question of slavery, lias been in the main Democratic in his views and instincts. He is too sound and Con servative to find rest or quiet in the ranks of the present Radical party, lie doubt less sees, at: do all good men, the total wreck of constitutional liberty, unless the Radicals can be hurled from power. Send Delegates to Ike State Con vention. The State Democratic Executive Com. mittce have called a State Convention to meet in Atlanta on the 17th day of Au gust, to take into consideration the pres ent condition es State affairs, and to place the parly on some well defined State and national policy. The Dctessity for such, a convention is apparent to all. The time selected for its setting is, we think, well emsidered and judicious. Even though the extreme Radicals should be able to pass a bill to postpone the election for Representatives to the Legislature until next year, that very action will call for the carefully formed and expressed will ol the parly in relation to such a result. Besides, members to Congress are to be elected this fall, and it is very desirable that there should be full accord amoDg our people as to the best policy to he pursued in making Congres sional nominations. The approaching Convention will be an important one to the State. To make its labors useful to the people will require the exercise of much prudence, tact and con servatism in its deliberations. The line of action adopted by the Convention will, if wise counsels prevail, secure to the State a thorough reformation in our State affairs, and a restoration to the people of the right of self-government- To secure such prims objects, wc exhort tho people in the several counties to select as delegates to the Con vention their wisest, most experience J and prudent citizens. In such an emergency as this, every man is bound to serve his county in whatever capacity ho may ho called upon to act. No one should permit ordinary private business to prevent his acceptance of the position of a delegate tn this Convention. 1q those counties re mote frern the capital, and where tho ex pense of a trip to Atlanta would be con siderable, the county meetings should pro vide means by voluntary contributions for defraying such expenses. Avery small eura from each would not be felt by those contributing, while it would secure the services of good men who otherwise could not accept the position of delegate. The first Tuesday in August—a day on which there is a general assemblage of the people at the Courthouse—might be se lected as the most appropriate and con venient time in most of the counties for the holding of primary meetings. * We. know the difficulty iu many counties of getting even a call for a county meeting. Very few persons like to assume the responsibility of making such a call, and hence it is very frequently the case, that no meetings are held, and the county fails of representation in the State Convention. To avoid the possibility of a lailure on this account to hold primary meetings, we take tbe liberty of announcing that, unless otherwise provided for, meetings will be held at the Courthouse of the different counties on the first Tuesday in August. Let all 1 be assured that the meeting will be held on that day and attend acordingly, unless a special call for a different day is made by citizens of the county. We desire to liavo 1 —the interests of the State require—a full ; representation. Let no county fail to act I because it may think the Convention wil[ jbe full without its delegates. Each coun ! ty ought to he fully represented independ j ent of the action o] any other county. \ Again we say send full delegations, com ■ posed of your best men, and let ua all take anew start iu the struggle to break up the present corrupt nest of thieves who have control of the State Government, and re store the State to an honest and economical administration of public affairs. A New Candidate for tlie Presi dency. Oakcy Hail, the talented young Mayor es New York is becoming exceedingly pop ular with the people of Gotham. A1 thcugb’Mr. Ilall is a pronounced Democrat j of the cld style, John Russell Young, edi- 1 tor of the New York Standard, a Repub lican paper, advocates his claims for the Presidency. That paper says—“ Mayor Hall, the Disraeli of the Democracy, is versatile, accomplished, witty, brilliant, energetic and untiring.’’ The editor of the Standard is not the | only intelligent member of the Radical 1 party who is casting about for a good man for the next President. Neither is be the only one by many thousand who feel con vinced that the Democracy must furnish the next Executive of the Federal Govern ment. The Georgia Bill as Interpreted by its Author. The Savannah News has been furnished for publication the following letter from Mr. Farnsworth, one of the Commit tee who drafted the Georgia Bill, giving his views in relation to its effect: Washington, July 16,1870. Dear Friend Fitch : Yours received a few days since on my return from the West. * * * * The final amendment of the Georgia bill, as adopted in Conference Committee, was, as drawn by me substantially. They can not quote the act of Lst December now as effecting the term of Ssate officers or mem bers of the Legislature. You should hold an election ip the fall. \ ery truly, yours, J. F. Farnsworth. What will Bullock’s man Friday, alias little Ephe, say to this ? Tire Republican Caucus. —The caucus held Tuesday night was addressed by Judge Gibson, opposing, and Hon. J. L. Dun ning, tn favor, of an election this year. A vote was taken on the subject. It was an nounced that all Republicans would be ex pected to go with the majority on the ques tioa. A majority voted for holding over, but a large number of those present re fused to vote at all.—True Georgian: [COMMUNICATED.] Llnwood’s Cenotaph Tor Confederate Soldiers. Editors Chronicle & Sentinel : This beautiful and tasty little church stands upon a high sand hill, near Sandy Run creek, in a poor region of country, where educational advantages are slim, and mammon has but little power, bating a tew exceptions. Here, under the super intendence of the gifted Mrs. McCormick, and a few faithful assistants, a Sabbath school has flourished, winter and summer, for many years, radiating iu bright moral beams upon old and young for miles around. No cloud of indifference, carelessness, lazi ness, lukewarmness, or desire for ease or visiting, is allowed to cross iU resplendent disc and shut off its rays for even one Sabbath ; amid storm and tempest, cold and heat, bard times and soft times, it shines on and ever. God grant that this moral luminary may never set, while there is a child to train or a soul to save in the realms of bliss. It is not at all surprising that in the heart of the Linwood community there dwells the noblest principles known to man—sympathy, gratitude, benevolence, morality, virtue; in short, every clement giving rise to high, noble and exalted sen timents. Passing this charming spot several weeks ago, anew object struck iny sight. Hav ing some curiosity, I determined to scruti nize it closely; so, riding up in close proximity, Isaw 7 at once that it w r as a beautiful marble cenotaph, erected to commemorate the Confederate dead, that once lived in this region, full of health, energy, hope, aspirations, but now mould-' ering into dust upon some far-off battle field, having given up home, comfort, ease, pleasure, and even sacrificed dear life it self, in battling for the rights, honor and firesides of the Southern people ! When we look now upon the beautiful world around us —the carpet of green spread out beneath our feet, the bright ce lestial canopy above, feel the soft pleasant zephyrs that gently hum through the ver dant forest, listen to the sweet music of birds that God taught to sing for our de light and their enjoyment, drink from the crystal founts that gusli from our hills, re flect that the war is over, that we still live and enjoy tho substantial comforts of life —do we never think of the poor sol diers that lost all, even life, in ovr cause as well as theirs? Does no emotion of grati tude spring up in our heart ? Have we no desire, out of self-respect, if nothing else, to evince to the world and posterity that our hearts are not made of iron, but possess feeling, gratitude, and a tender re collection of the heroic dead who laid down their lives upon the altar of patriotism f r the equality and independence of our be loved South, oiicc our country. Thanks, heartfelt thanks to Linwood Church and Sabbath School, and commu nity. They have given to the world prac tica 1 , tangible evidence, that as little as they had to fight for, they have not for gotten the poor, unfortunate, Confederate dead, that expended the last drop of their heart’s blood in their service. They have set a glowing ball rolling, and 1 hope that it will continue to roll over all the country south of Mason and Dixon’s line, until we can read and recollect the names of our fal len sires, brothers, sons and friends inscrib ed upon bright monuments in every neigh borhood. In conclusion, I will say, that many noble young men went from the vicinity ot May’s Church, Jefferson county, Georgia, to the battle field never to return again—they arc gone, their friends may weep, but they are gone ? Shall we not build a monu ment at this church —where many cf them used to drill—similar to the one at Lin wood, and inscribe thereupon the name of every Southern hero who died in the ser vice, having once lived in ten miles of this centre, or drilled here ? All that is neces sary, is for some prominent citizen to start the ball; every man, woman, boy and girl in this section will help to roll it ? Hannibal. Jefferson county, Georgia. Commencement Exercises of Emory College. Oxford, Ga., July 18th, 1870. Editors Chronicle & Sentinel: It may bo matter of interest to your nu rnerous readers to hear something from the commencement now in progress at Emory College. For several days visitors have been coming in from different sections of the country, and our usually quiet streets made alive by the rattle of wheels, and the stir of the multitude. The sods and daughters of Georgia, her beauty and her hope—treasures of which she may be proud—arc here promenading the academic grove, inhaling the pure, bracing air, and sippmgthe cool and crystal waters, for which Oxford cannot be excelled in the Southern country. On Sabbath morning, at half-past ten o’clock, the College hell summoned to her chapel a very large and intelligent audience to hear the words ot wisdom from Bishop Wightman, of South Carolina. After the usual preliminary services, the Bishop an nounced as his subject the tenth verse of the first chapter of Proverbs. He felt called on to address young men. He opened up to them the many haunts of vice, dark and terrible in their results to character; warned them against meD who were lost to virtue and alloyed to gain— men expert in the arts of enticement, and who set themselves to ensnare their fellow beings. They should not yield to the de vices of the wicked because it would be re bellion against God, and these first steps in vice were the most critical in their his tory. Every pursuit and station in life required good men. The great curse of governments, their tyranny and oppression, resulted from the corruption of the men who wielded them. For depth of concep tion and force of logic, the discourse was unexceptionable, and doubtless made a good impression. At 4 o’clock p. tn , according to custom, the venerable Dr. Pierce preached in the church to a very large audience, and I don't know that I ever witnessed greater unction and power from this man of God. The congregation was very muclUaffected; and indeed, the presence of such a man in the pulpit, without his eloquent aod forci ble appeals, was a sufficient source of in spiration. Dr. Evans filled the pulpit at night, which closed np the labors of the Sabbath' To-day we had an exhibition of the so phomore declaimers, which closed up with an address to the aluntni of the society by the Rev. W. 11. Potter, of yt ur city. As I was so situated as not to hear much of the speech, I am not prepared to make any comments, but I tlrnk it consisted mainly in a dissertation upon the sciences, and the comparative importance of a knowledge of them. The address was well received, and was marked with ability. All praise is due the Oxford bras.3 band, which discoursed music from the gallery that contributed much of life and spirit to the occasion. This evening the Knights of Jericho will have their annual celebration, about which and the reniainim? exercises more anon. B. Crop Letter from Barnwell, B C. Dunbarton, S. C., July 18th, 1870. [ Editors Chronicle & Sentinel: As the [.farming interest is the great topic among the most of your numerous readers at this time, I will give you a few j lines from this District. We are now laboring under one of the most severe droughts I have ever seen in my life. Our crops had failed ve:y much from the j heavy rains we had the first of June, or more probably the middle of June. Tbe | continued rains caused them to get very ! badly in the grass, and corn and cotton to fire and burn on all light sandy land. Now with the severe drought, I do not think we cun make more than a half crop, ; even if we get rains in a few days. Some I few planters have been favored by the partial showers that have been passing by, ; but, though many of those say they have not suffered from the drought, their crops are very poor. I have seen men who traversed over nearly all parts of the Dis- Gict, who say the prospect for a crop is very poor ndee and. Planter. Hard on Yankee Women.—The Fu compte de Letouvieve unmercifully ridi cules those presuming and ill-bred Yankee women, known in this country as ‘‘shoddy,” who have become dependents of the Tuil eries. She says: How virginal they (the French women!) show by the side of this mob of American girls, dressed like horses on parade! Nothing is wanting to these creatures ; they are complete Irom mane to crupper! What is the need of forever inviting these young ladies from the Disunited States, of whom some are always to be lound in the third galleries of the opera, or behind the curtain forming their minds and their hearts in small talk with dandies and bal let dancers ? In these democratic times, the Yankees defile with their plebian feet the royal steps,.of the Tuilleries, and the noble descendants of the great barons and the crusaders seek their ruined chateaus to hide their despised nobility! Oh, Jen kins ! Oh, del! New Orleans, July 23, p. m.—Kauf man's warehouse, 84 Peters street, was destroyed by fire ; the adjoining buildings were damaged. Loss $60,000: partially insured in home companies. Reports or Cases Argued and Deter mined tn the hupreme Court of lajus- Hcc, June Term, 1870. 1 PresentMy Lord Chief Justice Dogber ry, Squire Martinet, Justice Good sense.—Jones, ct. al.. vs. Smith. Mr. Fog, counsel for defendant in error, moved to dismiss the case upon the follow ing grounds: First, Because the Clerk of the Court below failed to pin the papers together. Secondly, Beoause the Clerk of the Court below had failed to mail tho papers frithin ten days after the filing of the bill of exceptions in his office to the Clerk of said Supreme Court. Thirdly, Because on the trial below, de fendant in error having found it necessary to introduce a former decision of the Su preme Court in evidecoe, had introduced tho volume containing said aecision, and the bill of exceptions curtains only a copy of the decision thus relied ou instead of a copy of the whole v lume introduced. . bourthhj, Because counsel for plaintiff in error, when the case was called, was rather slow in getting to his feet, and thus allowed counsel for defendant in error to get ahead of him in his motion to dismiss, when it was the duty of plaintiff's counsel, under the ninth rule of this court, first, to object to his own record (which the Court will alivays presume to be fatally de fective until the contrary is made most manifestly to appear) and move for a man damus against the Clerk below to perfect a record, which, for aught that appears, the other side did not object to. Fifthly , Because from the appearance of the brief of counsel for plaintiff in error, a copy of which counsel for defendant in error has seen, the argument for plaintiff in error will occupy more than two hours. Sixthly, And generally because not a sufficient quantity of red tape has been used in getting this cause up to the Su preme Court as the rules of the Court most stringently require. The Court, not desiring to hear from counsel for defendant in error in support of the motion, called on counsol for plain tiff iu error to show cause, ifby possibility he could, why the motion should not be granted. Counsel for plaintiff' iu error first offered the affidavit of John Careless, Clerk of the Superior Court of Backwoods county, to the effect that tlris was the first case that had ev«r gone from that county to tlie Supreme Court—that, though deponent had a copy of tho rules of the Supreme Court, they were utterly incomprehensible to him and tO . village parson, tho only man of iarnin in Pindartown, the county site, who had been consulted by deponent on the meaning of the rules—that depo nent would have pinned the papers to gether, hut Lis wife had lost the key of her, drawer in which she kept her pin cushion, and there was no one else iu the village who used pins—that he would have mailed the record witliiu ten days, but that they have only a monthly mail to Pindartown, and the bill of exceptions had been filed ten days after the mail had left that the postmast'-r on sending off the mail had gone off on a deer hunt, and had been absent three weeks —that as to red tape, deponent had never seen any, and the only time he had ever heard of it before was when he was a soldier in the Confederate army, and his wife and chil dren w re starving, he went to a Confeder ate commissary who had plenty of pro visions on hand, and tried to>ct a meal for them, but was told ho wool] have to go on to Richmond, about five hundred miles, aud get an order out of the circum locution oflioc, properly tied up with red tape, and then he could get the provisions —deponent adcK he didn’t get them. Counsel fin- plaintiff in error then stated in bis place, that at the very time the Clerk was required by the rules of Court and the stringent interpretation placed upon the law by the Court, to make out the bill of exceptions, counsel for plaintiff in er ror was in another county, superintending the preparation of a bill of exceptions, and transcript from the record lrom that county; that ho did not attach the whole volume of the Georgia reports to the bill of exceptions for two reasons: First, the expense involved would have amounted, practically, to a denial of justice; second ly, be bad ventured to assume that this court would take judicial cognizance of its own decisions ; than he bad not objected to bis own record, because, as he under stood tho very ambiguous language of Rule IX., the record sent up in any case through the usual channels to this court would be received as prima facie the truo and com plete record, unless tlie defendant in error made bis objections in writing and swore to them. Finally, counsel urged the Court not to sacrifice the interests of orphans to the amount of fifty thousand dollars, in volved in this case, to the technicalities of a barbarous age. The court not desiring to hear from tho defendant in reply, my Lord Chief Justice Dogberry delivered the opinion as follows: The case must be dismissed upon each and every of the grounds taken. First, It was the business of plaintiffs’ counsel to furnish the requisite number of pins to the clerk, John Careless. Secondly , The papers must be mailed within the time required. It was tlie busi ness of plaintiff’s counsel to proceed to the Capital and have a law passed to give Pindartown a more frequent mail. Thirdly, Counsel must learn to under stand that this Court will take judicial cognizance of nothing, unless by so doing they can facilitate the dismissal of a case. Fourthly, Counsel must be prompt in this Court, and move in time—if they are slow-motioned that is their fault not ours. It is no excuse to say rule IX is ambig uous; it has been purposely made so, in order to enable this Court the more readily to dismiss cases. Counsel must read it, and all oilier rules and laws, not correctly, but as wo interpret them, at their peril. Fifthly , A case in which a brief looks as if counsel for plaintiffin error expected to occupy more than two hours in the agree ment iu direct violation of a rule of this Court, will be promptly dismissed. Sixthly, Red tape lias been, and will always, continue to be tlie very bulwark of the British Constitution, "and the pal ladium (whatever that may be) of Anglo- Saxon liberty. Never, so long as I preside over this tri bunal, shall one jot or tittle of it be dis pensed with. As for the heavy loss inflicted on the orphans, they have their recourse upon the Clerk for damages—if he is unable to re spond, that is not our fault, and I take this occasion to say, that neither arguments from the bar nor Legislative enactments shall deprive this cobrt of its high con stitutional nrivilege of passing as many impracticable rulos as we may see fit. or find necessary to prevent tbe plaintiff in error from being prepared at the first term to prosecute his case, and thus enabling us to strike it from the dooket. Should the Legislature venture to pass such a law, it will become the duty of this court to de clare it void, and we will not hesita'e to do so. Let tbe case be dismissed. Squire Martinet, I concur. Justice Goodsense, I dissent. The puerility of the objections is only surpassed by the imbecili-y of the decision. Techni cal minded men will ultimately, in a more enlightened age, be forced to yield to the dictates of common sense. 1 venture to predict that should any Judge, three cen turies benee, say, in June, 1870, venture to hold the opinions of the majority of this court, he would be nut in a straight jacket and consigned to Bedlam. Justice —Goodsense was mistaken. To Chief Justice Brown and Justice Warner—Gentlemen ; I have written the foregoing burlesque, (is it a burlesque ?) for the purpose of at tacking your official attitude—not your personal characters. For both of you, personally, I entertain the kindest feelings. But the official position which you have assumed upon this question of the dis missal of cases is not only untenable, but you cannot, and will not, bo permitted to retain it, “It is most tolerable and not to b3 endured.” You have thrown down the glove to the Bar and the Legislature, upon this ques tion—indeed, you, Mr. Chief ‘Justice, threw a mailed gauntlet armed with con stitutional brass knuckles, into the very faces of the Legislature—and I, for want of a better champion, accept, on the part of the Bar, your guage of battle. I will not attack you under a non l de plume- However great a reluctance I may have to parade my name in print, my repugnance is still greater to attack even the official attitude of any one behind a mark. In future communications I may withhold my name ; but the ear-marks will suffi ciently indicate the writer. The rigidly “technical minds” of both, and the arbitrary disposition of one of you—l say this in all kindness: you can no more help your mental than you can your physical constitution —have led you to mistake the practical working of your own absurd rules and your more absurd inter pretation of them as constitutional re quirements. What right have you to make it impracticable for the plaintiff in error to be prej:ared at the first term to prosecute his case, and then dismiss his case because he is not ? You were lately warned by counsel that the Legislature would have to rescue the rights of the people from the blight of your “technical minds.” While the words were being uttered, the bill for this pur pose was introduced. Nor will you be able to shelter yourselves behind your in terpretation of tbe Constitution. Even with your interpretation a bill can be I framed to tie your hands. If not, we have lately had an illustrious example of a high functionary impeached for discharging his duties as ho believed to be right, and fail ing of conviction by but a solitary vote. I commend the precedent to your consid eration. Sidney Smith, in enumerating the social evils which prompted him and others to establish the Edinburgh Review, said, among other things, “Lord Eldon and the Court of Chancery pressed heavily on man kind.” Georgia to-day repeats the witti cism at your expense. In short, gentlemen, the position you have assumed has become a nuisanoe, a prompt abatement of which, or of your Uooors, is imperatively demanded by the best interests of the Stato, and will be ac complished. The Might anachronism of offering an affidavit of a Confederate Soldier three hundred years ago, is a little incongruous I confess; but is it more out of place than the modes of thought of threo hundred years ago which you have exhumed from the dust of their dead centuries and at tempted to galvanise into life? With assurances of my high personal regard for both of you, but with equal as surances of my unconpromising hostility to the ideas of the legal martinet so ob stinatoly adhered to by you, and with the hope that the Legislature may find the means to tie your hands and leave you in positions which you, in other respects, so well adorn, I have the honor to be, gentle men, Very sincerely, yours, W. W. Montgomery. Augusta, July 19th, 1870. Sabbath School Celebration in ,f.Per son. Editors Chronicle & Sentinel : On tho 15th instant, I had the pleasure of attending a Sabbath school celebration at the old “Leo Aoademy,” Jefferson county, Georgia, and there found a large crowd assembled. On reaching this place the first attraction was the large number of Sabbath School students formed in line, presenting a military aspect; though their weapons were not ‘‘carnal,” yet ‘‘mighty through God to the pulling down of strong holds.” These young cadets are being trained to battle successfully against the powers of moral darkness originated by Belzabub, who once soared high in Heaven, but being ambitious to soar still higher in the wrong way, his pinions were cut, and unfortunately for us, he landed in the garden of Eden, and there made tho ac quaintance of old mother Eve. The results are known! Theso young soldiers of the cross were decked in appropriate regalia, and the insignia inscribed upon their ilag was a faithful exponent of their cause. Lead by their worthy superintendent, Alexander Averet, they marched up and down the embowered plateau of a beautiful grove, singing sweet Sabbath school hymns. Here was a seene over which angels might rejoioe! ‘‘Train up a child in tho way he should go, &e,” Tho world is getting hold of the wisdom of Solomon; even in benighted lands, missionaries after experi menting for many years, have concluded that the only way to evangelize the heathen is through the agency of Sabbath schools. ’Tis much easier to manipulate tho twig than the sturdy oak. The singing, addresses, compositions, &c., reflected great honor on both teach ers and students. Let us praise those who deserve it witli a hearty good will—why not ? Sir Richard Rum, Col. Brandy and Capt. Whiskey received some severe jolts through the day by these juvenile teto talers; and their special patrons were not flatter ed; bating the dinner, I think the red-nose class would have felt more comfortable somewhere else. So charmed were I, that dinner was al most forgotten ; but all at once the bell rings a merry peal, and the Superintend ent shouts a welcome to all. On reaching the table I made a momentary pause, and took a survey, as my rule is, “Look before you leap.” No wedding tablo that I ever saw presented a more attractive aspect; barbecue, cake, and everything nice were before my eyes, fixed up in a way not to be beaten by anything short of perfection. The ladies between those two croeks— Reedy and Brier—have not been trained so much for the tinsel show-off in the parlor as the practical business duties of the kitchen. After dinner I repaired to the stand to hear a speech from the Rev. Mr. Sweet, stationed this year on the Louisville Cir cuit. ’Tis said there is nothing in a name, and that a rose would smell as sweet by any other appellation. I shall not argue this point; hut Sweet gave us a ver y sweet discourse. Ife kept his audience spell bound for upwards of an hour, listening to a racy speech, abounding in cogent argument, simplified by anecdotes, wit, and apt illustrations, adapted to all classes, clearly proving the great utility of Sabbath Schools as a mighty agent, a potent instrumentality, that should be used with untiring zeal in the moral renovation of the world. Let the institu tion first established by the immortal Raik, be seen shining in every neighborhood, vil lage and city ; let the light of the Sabbath School, pulpit and press, roll onward in one harmonious volume ot light, ever deep ening and expanding, until it ushers in the glorious millennial mem, and brings ‘‘Par adise lost” back —Paradise restored. Crops in this neighborhood have been very seriously damaged by the recent drouth, and despair was about to take hold upon us, when fortunately Providence, on the lGth inst., opened the window ot be nevolence and poured upon our dry, dusty fields a copious shower. May our hearts be thankful. J. W. 0. Letter from Oglethorpe. Crop Prospects as Compared with Last Year—A Method Proposed for Crop Report—Suicidal Policy of Farmers. Ogi.etiiokpe Cos., Ga., July 18,1870. Editors Chronicle <& Sentinel: If yon will allow me space in your val uable journal, I will say a few things rela tive to the present growing crop. In the first place, I suggest to planters in the Cotton States particularly to observe close ly the prospects of crops in their imme diate neighborhoods ; say, for instance, to take it by districts, or even smaller sec tions might be better, and give a fair statement of the growing crops, especially cotton. My reason for this is that lam of the opinion that there is a very great mis taken notion abroad in'the land about the quantity of cotton that will be raised this year, and is a thing that I wish to correct if my opinion is right concerning it. Judg. ing from observation in my neighborhood, I do not believe that there is anything in the prospects at present to warrant tho conclusion that there will be a large crop, but that the reverse should be expected from several reasons, one of which I give is, that the crop under my observation is not a larger weed than common; has been no better worked than usual, is later, and not so well formed as usual at this season. Should the seasons be favorable, in every respect, I think we cannot count on a large crop. As col ton is bound to rule lower this season than for some years past, I feel Hat jf possible, we should not allow mistaken ideas about the quantity to be produced to have its effect upon the market and bring it lower than it would be if the truth w as known. It does seem to me that plan ters werk more agaiDst their interest than any other class of persons, and in my opinion they are doiDg it greatly in this very thing. If lam not correct I hope to live to sec it. The accounts of a most tremendous crop, from the prospects as given im letters published all over the country, have gone abroad, and is bound, or will be if not oorrectcd, to have its effect at selling time. And in order to get at a fair conclusion, I make the aboyc sugges tion, and hope you will encourage it. I will take my district (228) of this county, and give you what I consider to be the state and prospects of the crop here, and what I say I have no doubt will apply to the whole county also. The appearance of the weed is generally good and healthy, has been pretty well worked ; but it is not large for the time of year and has as few blooms, bolls Sc., as I have ever seen in a period of thirty years close application to farming ; and I venture now the opinion that take this county and the crop will not exceed last year’s, which was a very short one, quantity and quality considered. Wheat and oats ; a full crop. Corn a3 good as the land will allow, Seasons have been since May good as needed. A little dry at this time and rain* somewhat par tial. Oglethorpe. The 801 l Worm.—The Americus Cou- j tier says a gentleman from the northern part of Sumter county brought to Ameri- : cue, last week, half a pint of the genuine | boll bore worm, which he gathered from 1 his ootton field. He says they are doing , considerable damage in the neighborhood, j and fears are entertained that they will j spread throughout that and adjoining eoun I ties. Georgia Legislature. Tuesday, July 10, 1870.— Senate. The Senate was called to order by the Presi dent. Prayer by Rev. We?Py Prettyman. Mr. Harris, Chairman of the committee of investigation of the charges against th o Governor and Treasurer, announced that tho committee was ready to report. The report was received, and, on motion of Mr Wooten, laid on the table. One thousand oopies were ordered to be printed tor the use of the Senate. Mr. Brock, Chairman of tho committee of the investigation of the affairs of the Western and Atlantic Railroad, submitted the majority report of the committee, which was read and, on motion, tabled, and five hundred CGpies ordered to be printed for tho use of the Senate. Mr. Hinton offered a resolution that the Legislature hold two sessions daily ; from 10 to 12:30, and 3 to 5 o’clock P. M. Lost Mr. Mathews moved that a committee be appointed to ascertain what is necessary to secure good management on the State Road. Not acted on. Mr. Naunally offered a resolution to ap point a joint committee to report a relief bill to the Senate. Mr. Candler moved to amend that only those who have taken the benefit of the relief law can be appointed on the com mittee. Several Senators moved to include in the relief bill debts up to dale. Mr. Wooten opposed tho passage of the resolution on the ground that it required officers of the law to violate their oaths of duty. Mr. Nunnally favored the passage of the resolution. Mr. Candler opposed tho resolution in his earnest rnarner. Mr. Dunning made one of the best speeches of theseasonin opposition to the passage of the resolution. Mr. Hinton favored ttie passage of the amendment to include all debts to date in the relief bill, though ho was opposed to the entire relief bill in toto. He made a strong, legal and logical effort in opposi tion to the relief law. Mr. Wooten moved to postpone the whole snbjeet of relief indefinitely, which was seconded by Mr. Peer. Mr. Harris said that the relief clause was stricken out of th© Constitution by Con gress, not because it was unconstitutional, but because they were asked to do so by a few note shavers, and it was a matter for Georgia to control. Mr. Harris moved to lay on the table for the present. Lost. Mr. Merrell advocated indefinite post ponement. Mr. Nunnally again advocated relief. Mr. Brock opposed indefinite postpone ment. Mr. Burns favored indefinite postpone ment, and called' the previous question. Motion to indefinitely postpone was carried by 18 yeas to 16 nays. A communication simi'ar to that sent in to the House yesterday was received, signed Rufus B. Bullock. A message was reoeived from the House, announcing their concurrence in resolutions ofoondolcnce for tho death of Senator Ad kins, over 12 months ago. On motion, the Senate adiourned till 10 a. m. to-morrow. Tuesday, July 19, 1870- House. — Houso met and was eilled to order by Speaker McWhorter at the usual hour. Prayer by Bev. Mr. Crumley. On motion the calling of tho roll wis dispensed with. The clerk read thejournalof yesterday’s proceedings. Mr. Anderson moved to reconsider so much of yesterday’s proceedings as related to the resolution to tender a scat on the floor to Colonel W. B. Gaulden, which mo tion was lost on yesterday. Mr. Anderson said that he believed Mr. McArthur would not have moved for an invitation (or any but a true gentleman. Mr. O’Neal, of Lowndes, said that Colodol Gaulden is from I, is section, a gen tleman of some distinction, and he would second the motion of Mr. Anderson. The motion to reconsider prevailed, ar.d aresolution extending an invitation was adopted. The following bills were read the first time: Mr. Williams: A bill to create a stand ard weight for cotton seed. Also, a bill to incorporate the town of Rutledge. Also, abili for the sale of certain bends of this State. Mr. Goodwin: A bill to alter and amend the act iiicorporatiiig,t!ie town of Carters ville. Mr. Sisson. A bill to alter or amend homestead law. Mr. Perkins: A bill to allow Wm. How ard to peddle without license. Also, a hill to change the line between the counties of Cherokee and Pickens. Mr, Johnson : A resolution requiring the messenger to clear the floor of persons unauthorized to sit thereon. Mr. Gober: A bill to com pell the owners of stock to prevent the same from running at large in Cobb county. Mr. Johi son • A bill to prohibit persons from grazing stock in the county of Towns, etc. Mr. Madden moved to suspend the rules and take up the report of the Finaucj Committee, which motion was lost. Mr- Popper: A bill to change the line between the counties of Randolph and Calhoun. Also, to allow the tax collector of Chat ham Circuit to tarn over taxes collected by him to the ordinary of said oonnty. Mr. Davis: A bill for the relief ol Mrs. Camake, of Clarke county. Mr. Scott: A bill to authorize the Mayor and Council ol Rome to issue bonds and borrow money for certain purposes. O’Neal, colored, of Baldwin: A bill for the better socuringand enforcing tho pay ment of wages due to agricultural laborers. Mr. O’Neil, of Baldwin : A bill to pro hibit the further violation of section 29, article I of the Constitution of this State. Mr. Osgood: A hill to incorporate the Forest City Mutual Loan Association of Savannah. Mr. Osgood: A bill to release members of tho Screven Hose Company of Savan nah from jury duty. Mr. Tumlm : A bill to extend the cor porate limits of Bainbridge. Also, a bill to incorporate tho Cuthbeit Banking, Loan and Trust Company. Mr. Lane: A bill to relieve certain proper.y from tax fi. fas. Also, a bill to make penal the delivery and reception of agricultural products after night in the county of Brooks. Also, a bill to authorize James O. Mor ton and oarah Tilman, executors, to settle with Silas M. Young, a minor and legatee of said estato. Mr. Joiner: A bill to forfeit the fran chises of Nelson Tift and others to erect a ferry near Albany, in the county of Dougherty. Floyd (colored): A bill to change the time of holding Morgan Superior Court. ilr. Caldwell: A bill to amend the char ter of LaGraoge. Mr. Cloud: A bill to make it a misde meanor to purchase undivided crops from tenants without the consent of the owner. Mr. Williams: A bill for the relief of Lester Markham. Mr. Salter : A bill to incorporate the Pulaski Manufacturing Company of Haw kinsville. Mr. Fitzpatrick: A resolution author izing Owen Roach to peddle without pay ing tax. Mr. liice : A resolution to allow the cap tion of bills only to be read on the first and second readings, which resolution was lost. ' Mr. Hilly er: A bill to establish a uni form system of common schools. Mr. Maxwell: A bill to enable John Dickey, of Henry county, without license. Mr. Lee, of Newton, made a report from the Committee on the Western and At lantic Railroad, which report was tempo rarily laid on the table. Mr. Phillips announced that he had a minority report in press. Mr. Fowler introduced a resolution, ask ing the amount of funds set apart as a school iund, and adding anv deficit which may be found thereto. Referred to Fi nance Committee. On motion of Mr. Brown, Friday, 22d instant, at 11a.m., was set apart to in troduce eulogies upon tho death of R. W. Flournoy, which motion prevailed. On motion of Sims (colored), tho Senate resolution expressive of regret at the death of Senator Adkins was taken up. On motion of Mr. O’Noal, of Lowndes, the Senate resolution was concurred in. • Sims (colored) moved that the House, out of respect to the memory of Senator AdkiDs, adjourn until 10 a. in., to-mor row, which motion prevailed. , Wednesday, July 20,1870.— Senate.— Senate met at 10 o’clock a. m., President Conley in the chair. Prayer. Roll call. Minutes of last meeting read and ap proved. Senator Nunnaliy moved to reconsider the resolution concerning a relief bill, dis posed of yesterday. Senator Holcombe opposed the recon sideration of the question. He was op posed to any relief bill, and moved to lay the motion to reconsider on the table. Ayes 10, noes 20. Motion to lay on the table lost. Senator Candler said a relief bill favored the rich and not the poor. He opposed the measure. Senator Smith (7th) was in favor of re consideration. The previous question was called and the ayes and nays demanded. Ayes 19, nays 17. The motion to reconsider pre vailed. Senator Nunnaliy moved to lay the reso lution on the table for the present. Adopted. . Senator \V ooten moved to take up spe cial order of business. Adopted, The reoolution touching the ineligibility of Senator A. A. Bradley to his scat in the Sen itc was taken up. Senator Speer offered an amendment that William Henry bo admitted as Sena tor from tho 44th district. Senator Bradley denied the right of tho Senate to entertain the resolution, as they were acting under the reconstruction acts and not under the Constitution. He spoke at great length in vindication of his posi tion, and wanted his case left to a commit tee of investigation. Senator Bradley spoke until the time tor adjournment, when, on motion of Sena tor Speer, tho Senate adjourned until Fri day at ten o clock A, M„ in order to al low tho Republican members to partici pate tq the State Republican Convention to be held to-day, and in the Fifteenth Amendment celebration. Wednesday, July 20, 1870.— House.— " ous . c was oalled to by Speaker McWhorter at the usual hour. frayer by “cv. Mr. Crumley. On motion of the calling of the roll was dispensed with. The clerk read the journal of yesterday's proceedings. Mr. Williams gave notice that he would move for a reconsideration of the action on Mr. Rice’s resolution in relation to tho reading of bills. Mr. Hall, of Meriwether, from the Fi nance Committee, reported favorably on the resolution requiring the Comptroller General to ascertain the exact amount du<s and set apart for the educational fund. Mr. Bryant said that the actual fund is set apart under the Constitution of the State; that the Treasurer is obliged to pay it over when called for; that he has been compelled to loan this money “on call,” and that it is Dot possible to get a large interest on money which is loaned out and liable to bo drawn at any time; that the Treasurer is a bonded officer, and this Legislature is asked to take this money from Lira and give it to an offieer not under bond ; that the-money brings a good rate of interest, under the circumstances. If the Treasurer cannot bo entrusted with money ha should be impeached. Suppose the Governor lends the money to a man who should fail, where is tho remedy ? That he does not impugn the honesty of either official, but that it is reasonable to suppose that a bonded officer would be more careful than ono not under bond; that if such a precedent should be estab lished five millions of dollars might be put in tho hands of the Governor. Mr. Hall, of Meriwether, replied that the oljeots of the resolution are to get the exact amount of the educational fund and to make the Treasurer conform to the law and deposit the fund under the direction of the Governor. A communication from the Treasurer was received. Mr. Williams moved that the Treasu rer’s communication be read, which mo tion upon the calling of the yeas and nays, resulted in yeas 74, nays 52. Mr. Tweedy, before the yeas and nays were announced, said that the paper in question could not bo taken up except by a three-fourths vote. The Speaker ruled that tho point was not taken in time. Mr. O’Neal, of Lowndes, said that tho question on the reading of tho resolution was a change in the order of business, and could not have been properly taken up without a suspension of the rules —that the communication was irregular in not coming through the Governor. Mr. Rawls asked if the Speaker had not already decided. Mr- Phillips said that the question camo up along with the report of the committee, and did not require a suspension of the rules. Mr. Tweedy said that tho communica tion was new matter, and did not come in a parliamentary manner- Mr. Phillips said that the question had already been voted on, and that the only way is to appeal from the decision of tho Chair on the point of order. Mr. Price said that the communication would probably throw light on the ■ reso lution before the Houso—that the, objection to the reading is captious and that ho was not willing that one-third should keep out light on a subject from the other two thirds. On motion tho communication was re ferred to the Finance Committee. Mr. Hillyer, from the committee on the Penitentiary, presented his report, and said that the committee had presented the entire evidence, conflicting as it was. That the principal keeper, etc., had been atten tive in furnishing facilities for investiga tion, etc., and that the condition of the prisoners is better than that under the old plan. That crime must be punished, and that no mode of punishment should bn adopted which is not calculated to deter men from crime. That there havp been instances of cruelly, but that the new plan had to be enforced, but that many causes of mistreatment had passed away. That the system of working the convicts in tuo manner practiced here is pursued in California and several of (ho Northern States. He begged the legislators to weigh the matter well before they repudiated the contract made in relation to convicts. That whipping is used as a punishment to enforce discipline, and such is the case in most households in the land. That certain reports were in circulation tc the effect that high officials and members of the Legisla ture wore interested in tjie contract with Messrs. Grant, Alexander & Cos., but that investigation showed that theso reports were entirely without foundation. Mr. Costin (colored) moved that when the House adjourn that said adjournment be made until Friday next, which motion prevailed. Mr. Fitzpatrick said that tho part of the Penitentiary Report which referred to him was false, and he pronounced it a lie. On motion of Mr. Bryant, the Peniten tiary Report was made the special order for Wednesday next. Mr. Sims (eolored) said that his name was signed to the report without Lis au thority. On motion of Mr. Price, Rev. Herman Bokum was invited to a seat on the floor. The following bills were read the first time ; By Mr. Gray—A bill to constitute Robert McNew an heir of Green Smith, of Walker couuty. By Mr. Smith, of Ware—A bill to regu late proceedings in the Supreme Court. By Mr. Johnson—A bill to repeal an act to encourage immigration to this State. Also, a bill to change the name of Charles Paris to that of Charlps Alston. By Mr Sorrel: A bill for the relief of the Union Branch Railroad Company. By Mr. Johnson, of Towns : A bill to incorporate the town of Iliwassee, in Towns county. By Mr. Rainey: A bill to prevent the obstruction of Buck Creek. By Mr. Johnson, of Spalding : Abill for the appointment of inspectors for stoam enginos. On motion of Mr. Shumate, the bill amending the charter of Cartersvillo was read the second time. By Mr. Pruden: A bill to legalize the sale of certain property of the Eatonton Manufacturing Company. By Mr. Walthftl: A bill to incorporate Van Wert, in Polk county. ByMr.Tweedy: A resolution that no election be held in this State until the ad mission of Representatives in- Congress, and that all election laws not suitable to the present condition of the State be re pealed. On motion of Mr. O’Neal, of Lowndes, J. R. Smith'gname was entered on the roll of members. * By Mr. Carpenter : A bill to incorporate the town of Blackshear. Also, a bill to incorporate the Commer cial Bank and Trust Company of Savan nah. By Mr.'Lee : A bill to regulate the sale of liquor. By Mr. Cunningham : Abill to preserve the peace and harmony of the people of this State. By Mr- Clower : A bill to amend section 1,G47 of Irwin’s Code. By Mr. Williams, of Morgan : A bill to croite a Board of Commissioners for this State. By Mr. Daniel: A bill to loan the credit of this State to tho Marietta and ,North Georgia railroad, By McWhorter : Abill amendatory of the law in relation to the homestead law. By Mr. Pries: A b.ll to drain mines, etc. On motion the House adjourned until 10 A. M., Friday, 22d instant. Decisions of the Supreme tourt of Georgia. Delivered at] Atlanta , Tuesday, July 19. [reported expressly por the constitu tion, RY N. J. HAMMOND, SUPREME COURT REPORTER.] Bristow Bugg, plaintiff in error, vs. Wal ter Towner, defendant in error. Eject ment from Richmond, Brown, C. J.—l. Where parties arc engaged in illegal transactions, whether mala prohsbita or mala in se, the Courts of this State will not interpose to grant any relief. In such cases the rule is, lor the Court to leave the parties where it finds them, no matter whether ihe illegality ol the contract appears from the plaintiff’s case, or is set up by way of defense. 2. Where a deed to land was executed to the legal owner of a slave, in accordance with a contract between tho slave and his master for his emancipation in this State, while such emancipation was prohibited by law, and the land was paid for with the money of the slave who was placed in pos session thereof and permitted to remain there, for his own use and benefit, in vio lation of law, till after the abolition of slavery, the Court will 'not entertain a suit by the former owner of the slave, to re cover the land from the possession of his former slave. As the deed was void and the transaction in violation of the Jaws and the public policy of the State, the Court will help neither party, but will leave them wucro it nods them. 3. In such case the defendant may setup the illegality of the transaction to defeat the plaintiff s recovery, and the Court will entertain the defensejiot for’.the defendant g sake, but upon grounds of public policy. And it was error in the Court in this case, to refuse to permit the defendant to intro duce evidence to establish the illegality of the transaction, end the wilful participa tion ot tbe plaintiff in it; with intent to violate the public policy of the State. Judgment reversed. James S. Hook, for plaintiff in error. A. R. Wright, for defendant. Thomas Bartlett, plaintiff in error, t* Thomas Russell, defendant in error. Homestead (claim, etc. -From City Court of Augusta. Brown, C. J. 1. In a claim case, if the defendant, in fi.fa. was in posses-ion of tho property levied upon, at the time of tho levy, the burden of proof is upon the claimant, and he is entitled to the con clusion. 2. When rroperly is set apart under the homestead and exemption laws of this State, for the benefit of a family, the head of the family may interpose a claim tor their benefit, in case the property is levied upon for his debts, to which it is not sub ject While trespass is a lemedy in such ease, it is not the only one. The schedule tiled by the applicant for homestead and exemption, should describe the personal property, with reasonable certainty. But if tho creditor failed to up pear and object, on the ground that tho schedule was insufficient, and it. gives a general description of the property, and no fraud or unfairness is alleged or shown, the creditor will not he permitted to at tack the judgment of the ordinary setting it apart, collaterally, in a claim case, on the ground that, the schedule was not suffi ciently descriptive. Judgment affirmed. F. 11. Miller, by W. W. Montgomery, for plaintiff in error. A. D. Picqnot, by H. W. Hilliard, for defendant. William Spiros vs. Joseph It. Walker. Mo tion to sot aside judgment on slave notes. City Court of Augusta. Warner, J.—Where a judgment was sought to be enforced obtained on a note, the consideration of which was tho pur chase money of slaves : Held, That in accordance with the rulings of a majority of this Court, in Shorter vs. Cobb, and White vs. Hart, that the courts of this State have no jurisdic tion or authority to enforoe any debt, tho consideration of which was a slave or slaves. Judgment reversed. Frank JI. Miller, by W. W. Montgomery, for plaintiff’ in ctror. Claiborne Snead for defendant. John n. Wcwton vs. Joshua R. Price. Case from Washington. Warner, J.—When, in March, 1863, P sold to N ninety thousand pounds ginned cotton for tho sum of SIB,OOO, which war. paid for in Confederate money, and P agreed, in writing, to deliver the cotton at Wooten’s Station, on tho Southwestern Railroad, within ten days after demand, during the present year, the cotton to he in about 150 bales, and to be in good ship ping order as to the quality of tho rope, the bagging, if decayed, to he patched and put in good order up to the present time; the cotton to remain on the pre mises of P, the sender, on his farm in Lee county, on floor in houses, and under good shelter during the present year, if desired, free of charge. If the amount of weight of cotton in the bales now giuued should fall short of the number of pounds mentioned, it is to be made good or sup plied out of the crop of 1861 ot the heat of that ootton remaining. N, the purchaser, takes all the risks front this date. It ap pears from the evidence in the record that there were only about 130 bales cf tho cot ton packed at the time of the sale, and that the gin-house of P., containing the un ginned cottou’of 1861, was datroyed by tiro, and the main question on the trial was whether N, the purchaser of the cotton, by a subsequent agreement (.with P, had waived his right under the contract to have the balance of tko cottcn packed, or whether he had consented to let the cut ton of the crop of 1861 remain, as it then was, unpacked in the gin-house of I‘, the vendor, at the risk of N, the purchaser. In regard to this main question in the case, the evidence in f'e record is conflict ing and contradictory. The jury found a verdict in favor of tlic defendant, aud anew trial was refused by tbs court below : Held, That this Court, in accordance with its repeated rulings, will not inter fere with the verdicts of juries when the evidence is conflicting or contradictory, as it is the exclusive provinca of the jury to judge of the credibility and weight of the evidence submitted to them, when no ma terial principle of law has been violated by the Court in submitting tho ease for their consideration. In view of the facts con tained in this record and the rulings of the court in relation thereto, we find no error which will authorize the reversal of the judgment of the court below in refus ing anew trial. R L Wnrthon, Johnson <fc Montgomery, James S Hook, fer plaintiff in error. A R Wright for defendant- George T Barnes vs. Elizabeth Washing ton and W G Whidby. Equity. From Richmond. McCay, J.—Where an administrator was sued in a county different from that in which he resided, and he acknowledged service of the writ and filed no plea of any kind, although the suit was up on an open account over 20 years old, and judgment was taken by default, as on personal ser vice without proof: Held, That whatever may be tho effect of such a judgment, at against tho adtnm trator personally, it does not, bind the third persons or the estate ‘•ought to be charg ed. And the surety on the administra tor’s bond has such an interest in setting the same aside, lie may file a bill to enjoin its proceedings against the effects of the estate, and for the purpose of having it declared void as against said estate, and as against himself as the rarely for Lie faith ful administration of the same. Judgment affirmed. 11. W. Hilliard for plaintiff in error. McLaws & Ganalil. Robert E. Cunningham et. al., vs. Execu tors of George Schley, (J. C. Schley et. al. Equity. From Richmond. MoCay, J File not of 1847, requiring marriage settlements previously made to bo recorded in the county of the husband's residonco within twelve months alter the passage of tho uot, or be void against bona tide purchasers or creditors without notice, who purchase or give credit before the _ actual record, applies only in favor of bona fide creditors, who, withrut notice give credit on the faith ot the property, and docs not render the settlement void in fa vor of a debt due by the husband, as guar dian, under the appointment of the Ordi nary, or under a testamentary appoint ment without affirmative proof tliat, on the testament appointment, credit was given to the husband ou tho faith of the property. _ Declarations and entries by a person, since deceased, against bis interest, ami was made with a view to pending litiga tion on competent evidence, and this ap plies to a ease where two sets of beneficia ries are in dispute as to whether their common trustee has invested certain trust funds in lands, taking a deed in 1 ,s own name, and it is sought ;o prove, by the admissions of the deceased trustee,-, that the land was bought with the fun-igij oce of tho sets of beneficiaries. \V hero there is a marriage settlement to tho wile lor hte, and at her death to ls*r children, the trustee, who bolds the title durinv the wife s hie, holds Ras trustee lor Urn r ,. •maindermen, an.J if fie invest the t int funds in hit ovEn name, they vu-.y I d!,.-/ thecas in uihcroasc.* of tru.- t. If the parties in a suit pending , ;Ce to submit both matters of law and fat*';.-, the judge, and, after a hearing, hu makes a judgment, this Court will, ir. a motion Li ne w trial. make the same presumption in favor of the verdict ua though the ca-e had been tried by » jury, and if there be evidence to authorize tho verdict, anew trial will, uot be granted, even though this Louvt oc not satisfied that the weight of testimony 13 with the finding. n hen the principal matter in dispute on n -t was w hether certain real estate, the title to which was taken in a trustee’s own name, had been purchased with trust funds, and the vender was accessible to both parties, and after the trial the losing parly prays lor anew trial, 00 11.0 ground that he has discovered, on inquiry ot tho vender, new and mater al evidence upon the point in dispute which he dM not know at the trial, aad no excuse is given why application was not made to the vender before the trial: Hell, That this is not snch diligence in preparing for trial as will authorize the Court to grant anew trial, that the newly discovered evidence may be beard and considered. When twocasea were tried together, by ' consent, and under an order of the Court, and after verdict, anew trial is moved for in the general degree: Held, That the Court may grant a trial in one ofthe eases and refuse ip |i Jtl other, the verdict not being so dependant • as to make such a cause unjust to either party. Johnson & Montgomery for plaintiff in error. James S Hook, W Hojie Hull f or j e fendauts. The Savannah cotton statement, same date, shows total receipts, 468,010 bales uplands, aud 15,210 sea islands , shipments, 404,023 bales upland’s,' and 15,157 bales sea islands; lea» inir isUodf’ 093 bale “ uplaml8 * aod 53 bales sea
