Newspaper Page Text
£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
