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THE ATLANTA WEEKLY EXAMINER. •WBBBLXaY CIRCULATION OIF* THE 3 EXAMINER., 8000 OOI’IEfeS! JOHN H. STEELE, I CHAS. L. BARBOUR, j ' ROTS. VOLUME 1. TERMS. THE WEEKLY “ EXAMINER,” j Published every Friday Morning, at Two Dol lars per annum, payable in advance. No subscription taken for less than six months. RATES OF ADVERTISING. Advertisements are inserted in the Wekkly Examiner at the following rates: Seventy-five cents per square (of 10 lines brevier) for the first insertions, and 37 J cents per square for each sub sequent insertion. Advertisements continuing three months or more are charged at the following rates: 1 Square 3 months $4 00 1 “ 6 “ 600 1 « 12 “ 10 00 2 “ 3 “ 6 00 2 “ 6 “ 10 00 2 “ 12 ** 15 00 3 “ 3 “ 800 3 “ 6 “ 12 00 3 “ 12 “ 20 00 4 “ 3 “ 10 00 4 “ 6 “ 15 00 4 “ 12 “ 25 00 i (Col’n 3 “ 15 00 | “6 “ 20 00 | « 12 “ 30 00 | « 3 “ 20 00 | “ 6 “ 30 00 | “ 12 “ 40 00 One Square, changeable, one year, sls 00 Two « « “ 20 00 Three “ “ “ 28 80 p> our “ « <• 30 00 Quarter Column “ “ 40 00 Half « « “ 55 00 ty Advertisements leaded and inserted un der the head of Special Notices will be charged One Dollar per square for the first insertion and Fifty Cents for each subsequent insertion [y Legal Advertisements published at the usual rates. Obituary Notices exceeding ten lines will be charged as advertisements. iy Yearly Advertisers exceeding in their ad vertisements the average space agreed for, will be charged at proportional rates. iy All Advertisemeuts not specified as to time will be published until forbid and charged accordingly. Legal Advertisements. Sales of Land and Negroes, by Administra tors, Executors or Gurdians, are required by law to be held on the First Tuesday in the month, between the hours of 10 in the forenoon and 3 in the afternoon, at the Court House in the County in which the property is situated. Notices of these sales must be given in a pub lic gazette 40 days previous to the day of sale. Notices for the sale of personal property must be given in like manner 10 days previous to sale day. Notices to the debtors and creditors of an es tate must also be published 40 days. Notice that application will be made to the Court of Ordinary, for leave to sell Land or Ne groes, must be published for two months. Citations for'letters of Administration, Guar dianship &.C., must be published 30 days—-for dis mission from Administration, monthly six months —for dismission from Guardianship, 40 days. Rules for foreclosure of Mortgages must be published monthly for four months —for establish ing lost papers, for the full space of three months —for compelling titles from Executors or Admin istrators, where bond has been given by the de ceased, the fnll space of three months. Publications will always be continued accord ing to those, the legal requirements, unless other wise ordered, at the following Rates: Citations on letters of Administration &c. $2 75 do do dismissory from Adminis tration, 4 50 Citation on dismissory from Guardianship, 3 00 Leave to sell Land or Negroes, 4 00 Notice to debtors and creditors. 3 00 Sales of personal property, ten days, 1 square 1 50 Sales of land or negroes by Executors, &c. 5 00 Betrays, two weeks, 2 50 For a man,advertising his wife, (in advance,) 5 00 Letters on business must be (post paid) to en title them to attention. FRIDAY, JULY 13,' 1855. FOURTH OF JULY IN ATLANTA. The glorious “Fourth,” although not celebrated here as in “olden lime,” which we regret, by the reading of the Declaration of Independence and an Oration from one of our citizens, was never theless not passed over without demonstrations of the liveliest patriotism. In the evening, before the Trout House, and Atlanta Hotel, a fine display of Fire Works, was witnessed by a largo number of our citizens.— Great good humor, and hilarity prevailed, and but few indeed of the large number there assem bled, wore incapable of navigating, notwithstand ing the ardent had been freely used by many of the over-joyful, from early dawn till night. At night a Ball was given at the Atlanta Ho tel, in honor of the occasion, by Mr. Heeler, at the instigation of several gentlemen of our city. To the politeness of the Managers we owe our share of enjoyment at the dance and feast there, from early evening to early morning. It was a gay scene—beauty, wit, and all the good things that heart could desire on such an occasion, were there in abundance. Every thing went otf in fine style; but who could imagine any other result, with such Managers, connected with the art of providing so well understood by the ex cellent lady, Miss K., who presides over this Iko tel, and the Proprietor thereof. “May their shadows never grow less.” FOURTH OF JULY IN MARIETTA. There being nothing* of particular interest at homo to demand our presence, we packed up the necessary dry-goods and took our seats in the 9 o’clock train for Marietta, where wo placed our baggage in charge of our particular friend of the Fletcher House, and, at 11 o'clock, A. M„ at tended the celebration at the Military Institute, and found collected there, in addition to the man ly corpa of Uadets, a large concourse of citizens, grave and gay, matrons and inaids, assembled to honor the developing genius which so strongly mark* the Cadets of this flourishing Institution. We regret we were not in time to hear the reading of the Declaration of Independence, by Cadet Harkey. It was spoken of as excellent in every particular. The Oration by Cadet Camp, however, wo did hear and were gratified beyond expression with the matter and manner of this his first effort of the kind, Mr. Camp we had often heard apoken ol as among the most talented and industrious of the corps ot Cadets, and we were not disappointed in our anticipa tions, predicated as they were upon the most flatter ing representations. He promises to be, not only a useful but a distinguished citizen, and furnishes in himself, his talents and acquirements, a happy illustration of the advantages the Institution af fords for tho development of genius uncultivated tor want of means. He is a State Cadet, and reflects infinite credit upon the Institution and the State. < In the evening the spacious hall was crowded) by young devotees of Terpsichore who kept up | the festivities with unflagging interest till the i small hours began to warn them that the glorious , Fourth was numbered with the spent sands in Times glass. At 2 o’clock we stowed ourselves as comforta bly as possible in the “night express” and reached our roost in time for a refreshing nap before breakfast. We beg to tender our thanks to the young gentlemen of the G. M. I. fortheir kind atten tion. and assure them we shall ever gratefully remember their appropriate celebration of Inde pendence day, and the gratification their hoepi tahaea aifordadua. THE NEW MAIL ROUTE!—AN IMPROM’ TU DOUCHE BATH. The up train on the Montgomery and West Point Road on the morning o I the 3rd, stopped as usual at Franklin to take in water. After fin ishing a rather long drink, the engine started, leaving the flood-gate of the tank open, the pas sengers sitting cosily at the open windows of the cars, were somewhat startled at seeing a four inch stream of water pouring in at the windows, seri atim, rather discomposing the sleepers, and dam pening the clothes and the spirits of all. One gentleman who was quietly reposing with his feet out of the windows, got more than his share safely deposited in his pantaloons. Maledictions not loud, but deep, were plentiful, and one suf ferer, wished to know if there would be any extra charge for a cold bath, that was not on the bill of fare. A passenger remarked to us, that we could easily distinguish old trav* Ilers on the route, by their not being caught going round to Augusta via Macon. One gentleman said, that if a person had once tried the two mile ride, in the crowded omnibus at Columbus, lost his din ner by the trains being belated, got nothing to eat till he had paid 50 cents for a mile ride to the Hotel at Macon, and arrived in Augusta an hour later than the Atlanta train with no time to wash, or change clothes, he would be careful how he followed the great mail in its very circuitous course. The traveling public, we think, will scarcely abandon the old route, via Augusta, and Atlanta, for the reason simply, that the mail has done so, particularly when time, and comfort, both favor a passage through Atlanta. BOOK BINDERY. We take occasion to state that there is at tached to this Office, and has been for some time, a BOOK BINDERY, in which are employed the most skilful and experienced workmen, and where Binding of all descriptions can be, and has been executed, equal to that of any Binding Establishment in the Southern States. Its pro prietor supplied this want in Atlanta long since, and is able to refer to a large number of his pat rons, in this city, and elsewhere, to sustain this assertion. For promptness of execution, dura bility, style, and finish, of his work, he acknowl edges no superior. In addition to all this, the quality of work considered, all who desire to practice economy, having work tube done,would do well to give KAY’S BINDERY and JOB OFFICE a call before they order work done elsewhere. His prices will be found moderate, compared with work done at the North, and cheap compared with any other establishment in the whole South. JUST AS WE PREDICTED. The following item we commend to the seri ous consideration of every Southern voter. “A committee of the New Hampshire Legis lature, to whom were referred the resolutions of the Maine Legislature on the subject of slavery, has reported in favor of a union of the free States to demand the restoration of the Missouri Com promise, the abolition of slavery in the Djstrictof Columbia, the repeal of the fugitive slave law, etc.” Not long since we advised our readers of the Know Nothing character of the New Hampshire Legislature. One of the fruits of its legislation is the foregoing, to-wit: Union of Free States, to demand the restoration of the Missouri compro mise ; the abolition of slavery in the District of Columbia; the repeal of the fugitive slave law, &c., &c This is but the beginning of the end, so far as the North is concerned. Will the. South—will Georgia—directly, or indirectly, give the shadow of its countenance, to so fanatical and corrupt a crew, whose every move is a war upon our rights and our institutions. COL. WILLIAM CUMMING. In the Chronicle & Sentinel of Thursday last, we find the following card from, we presume, Col. William Cumming, of Augusta. Tho elevated position which this gentleman occupies in the es timation of every Georgian, induces us to give publicity to the fact, that he is not now, and never has been, a member of the order of Know Nothings. We wonder if the blood which he shed, during the war of 1812 with Great Britain, and the scars which he will carry to his grave, tho result of that war, will exempt him from the charge of being anti-American in his feelings, because he is not a Know Nothing ? A CARD. Mr. Editor — I am informed that on a list of members of the Association commonly called “Know Nothings,” a name was found which some persons mistook for mine. To correct the mistake, and prevent its repetition, I formally de clare that I neither am now, nor ever have been a member of that Association. WM. CUMMING. MR. OVERBY’S POSITION. The following correspondence we find in the I Chronicle & Sentinel of Augusta. We pass it round that Mr. Overby’s position, in relation to his withdrawal as the candidate of the Prohibi-1 tion Party tor Governor, may be understood by the voters of Georgia. They will see from it that he is determined not to be shoved from the track by the Know Nothings. Me Donough. Ga., June 20, 1855. Hon. B. H. Overiiv —Dear Sib:—You were nominate 1 in the City of Atlanta in February last, by the Convention that then and there con vened, as the Gubernatorial candidate ot the Pro hibitory party of Georgia, Rumor is now rife throughout the country, par ticularly in the county of Henry that you anticipate “comieg down” and decline running the race. Will you, for the benefit of the cause and satis faction of your nuTerous friends answer as to the truth of this prevalent report. I am, very respectfully, your friend and fellow citizen, Gkobsb M Nolan. Atlanta, June -'2d, 1855. Geo. M.Nolan. Esq.—Dear Sir:—Yours of the 20th inst. came to hand this morning. You say “rumor is now rife throughout she country, particularly in the county of Henry, that you, (I.) ahticipate ‘coming down’ and decline run ning the race." The rumor is without foundation in t nth. I acepted the nomination from the Prohibition Convention of Georgia, and will, in good faith maintain that cause; until, that party directs other wise, my name will not be withdrawn. Y'our friend, B, H. Ovbrbv. CAPT. NELSON’S RESIGNATION. We have neither time nor space for comment to-day. in reference to the causes, most extraordi- I nary ones it must be confessed, that have caused the resignation by Captain Nelson ot the office of Mayor of this city. To them we shall refer in a future number. For the present, we call at tention to his address to our citizens. Horrible.- Children killed and- at- n by hogs.— A Mrs. Abashaba Ellafield, wife of Thos Ellafield, beeame deranged about twenty days ago, and left home, taking with her two small children, one aged about two years and the other about tour years. Search was made by her friends through the woods for a space of twenty days, when she was found in a frighful condition, and the two children were found eaten up by the hogs. They had evident ly been killed, as the skull bones of each had been broken. The maniac mother is now in charge of a friend a couple of miles from this city, in Perry township.—Evans vilit (Ind.) Enquinr, 2bA ult. “ ERROR CEASES TO BE DANGEROUS, WHEN REASON IS LEFT FREE TO COMBAT IT.”— Jsffbbson. ATLANTA, GEORGIA. FRIDAY MORNING, JULY 13, 1855. DOCTOR LEWIS’ LETTER. The letter of Doctor Lewis hich we publish ; to-day, proves, if proof be necessary, ofwhatsfer- I ling stuff he is composed. How small the trick-. stern of the fifth district, who have been endeav-1 oring to stir up strife between this gentleman, and | his political associates, feel, when they see his | letter. They will hereafter, we hope, profit by i the lesson which his manly course should teach | them. We have known Doctor Lewis from our j youth, to the present day, and expected from him, just what be has done, in reference to the final j action of the Convention in his district. Those who looked for, and urged upon him, directly, or j indirectly, another course, did not know the man. judge lumpkin’s ’letter of ac ceptance. The reader will find in our issue to-day this ad mirable letter. We invite their special attention to it. As the “ Standard Bearer” for the Fifth Con gressional District of our State, the Jndge will lead his forces on to a glorious victory. The mixed opposition to his election will dwindle down to comparative insignificance long ere Oc tober arrives. The sterling political and personal integrity of John H. Lumpkin; will exercise a powerful moral influence in Cherokee Georgia, as it has in days past, exercised in our national councils. At a juncture like this, we doubt if the Convention of the fifth district could have, under all the circumstances, made selection of a candi date to represent it, so acceptable to the voters whom thev represented. By an overwhelming majority, they will ratify the nomination at the polls! GOVERNOR JOHNSON. At the celebration of the Fourth of July, by the “ ’76 Association” at Charleston, South Car olina, the following was among the regular toasts: “Governor Johnson, of Georgia: Placedin the van of the battle for Southern Rights, and of courage and sagacity equal to the position ; when he gives the signal, South Carolina will promptly take her place in the picture.” The compliment paid to Governor Johnson, i a not undeserved He is now indeed in the van of the battle for Southern Rights, and possessed of both courage and sagacity for the position im posed upon him, by the late Convention. Be. fore the people at Rome, a few days ago, he made an impression which the Know Nothings in tha t section of the State will find impossible to eradi cate. And on Saturday last, he was in Colum bus, where, we feel confident, a like result will be the consequence. In response, however, to the compliment paid him by the “Society of ’76” at Charleston, we have simply to remark that Georgia well knows and fully appreciates, when the “signal" is given, the mettle of the Palmetto State. Second to no State in the maintenance of the constitutiona rights of the Souh, she will be second to none in the resistance of their encroachment, when the time comes. Be that time a long or short one, that she will strike with power, and effect, her history, and that of her gallant sons, tell fully,— Long may this noble State continue to set its pa. triotic example of resistance to wrong, and main tenance of right, to her sister States ol the South [For the Atlanta Daily Examiner.] Atlanta, Ga., July 7th, 1855. To the Citizens of Atlanta: Having resigned the office of Mayor last night, decent regard for public opinion as I conceive makes it my duty to make known to you the causes. Since I have held the office of Mayor it has been my only aim to discharge my duty with an eye single to the best interests of the city. I have known no one in the execution of the City Laws. The Council last night saw proper to step for ward and arrest the operation of the law, and of course I could be of no further use to the city by holding the office, and could, under no circum stances, do so without compromising my own self respect, which all candid minds must admit after reading the following statement which was the cause of my course. On Friday, two young men were brought be fore me, charged with disturbing the peace and quiet of the city by quarreling and using profane language in the streets. Evidence was heard and all the witnesses, those for the defence as well as those on the part of the Council, swore that these young men did quarrel and curse in the street, and that one of them was guilty of malicious niischiefby mutilating the sign of a citizen. Under the 7th Section of the Ordinance for preserving the peace and good order of the city— “ Any person who is guilty of quarrelling, or using obscene, vulgar or profane language or malicious mischief or otherwise acts in a disor ly manner, shall be liable to a fine of not exceed ing fifty dollars and cost.” Under this Section, (which is the one under which at least nine cases out of ten coine up,) I fined one of tho young man fifteen dollars and the other one (who, in addition to quarreling and using profane language, mutilated the sign, and admitted, while on trial, te was so drunk he did not recollect anything he did do,) I fined him twenty dollars. There was an appeal entered in both cases and the Council, or a majority, after hearing the evidence (w'hich was positive as the violations above) reduced the line of the first from fifteen to five dollars, and in the second remitted it en tirely. I felt that the moral effect of such a course on the part of Council would he to bring me and my decisions into contempt, and that I could not be of any use to the city. I did it in no captious spirit, and lay no claim i to infallibility—but when I feel and know lam right, I have not the facility that some possess of ' yielding to what I believe is wrong. I cann >t close this communication without | showing the contrast between the action of Coun ' cil in this case, and in some others that have been ' ; brought before them. In an appeal case tried not long since, one of I | the principal movers in this case, Mr. Clarke, j moved to increase the fine of the defendant five | j dollars, which was already made twenty by me. I The offence was for boisterous singing, and was ' j barely sustained by the testimony, still Mr. C.,was ' eager to increase it. | In the case last night, with proof positive that Webb violated the Ordinance in three distinct of fences, Mr. C., moved that this fine be remitted, and Council carried the motion. I have no comment to make upon such a course, xccptto say, that as I understood the Laws they were for all, and that when I swore to execute | them, 1 made no exceptions in favor or against | any one,either American, Irish. Jew, or Gentile. : 1 have felt this much due to myself, and at leasi ' that poriion of the public who have encouraged | me by their aid and support. | In taking leave of the police officers of the city, ] I beg leave to tender them my thanks for their ' unbornt kindness and courtesy, and I willingly I bear testimony to their prompt discharge of duty i in which I ever endeavored to encourage andsus -1 tain them. I remain, fellow-citizens, your ob’t, sv’t, ALLISON NELSON. Special Correspondence of the Examiner New York, July Ist, 1855. The oldest “ inhabitant ” says that this has been the coldest Spring he remember to have experienced in this region for ma ny years ; and, in truth, it has been, so far, a very cold season. We have not had three line days —that is, regular clear, sun shiny warm days—since April. The Know Nothings aver that on account of the immense number of Foreigners in this country, the climate is becoming more European. It is said in certain high of ficial quarters that when “ Sam ” occupies the White House, Congress will be reques ted to examine into the weather in order to have it cleared. In a city like this even the most superficial mind may see many things to excite surprise. Wljat curious statistical information might be picked up about the streets and strange phenomena witnessed in the various phas es of life, where there is such a strange agglomeration of humanity. As regular ly as the tide water flows into our Bay, the’living tide of mankind flows into the Bays, channels, and recesses of industry ; nor does the one ebb into the ocean, to gather renewed freshness, with mere reg ularity, than the other recedes from its daily toil, in order to reinvigorate for the toil of the ensuing day During the hours between six and eight in the mornings the leading avenues of the city, Broadway, Bowery, and Chatham street, present a spectacle truly wonder ful. Thousands upon thousands, pressing themselves out from the upper part of the city, into the lower, where the great mass business is carried on. It is somotimes impossible to stem the tide upon the side walks, snd persons anxious to get up town between those hours, must either get in a returning omnibus or run iminent risks of shattered garments, broken toes, and bruised sides. The rich banker of Wall street jogs side by side with the coal car rier; the editor of the fashionable evening paper is pushed out of the way by a" il literate shoe black, who is anxious to get down about the ferries before the mud caused by the last nights rain, has become dry. As, perhaps, his daily bread depends upon his expedition, the comfort of every one in his way is sacrificed to his haste. And here a drop of philosophy which seems ready to fall from my pen suggests the similarity between the shoe black, and am bitious politician, who sacrifices everything fr’ends, feelings, affections, to obtain the end of his desiaes. Between eight and nine in the morning our streets are comparatively quiet. Then different classes take alternate procssion ev ery hour until four in the afternoon ; when the morning tide sets back with a tremen dous current, that does not lose its force before seven in the evening. Between inne and ten the large wholesale dealers, and speculators in stocks, their faces full of important anticipations, walk leisurely down Broadway to their offices. The next hour sees some literary men, a few men of leisure, and an occasional lady of fash ion make their appearance. About one o’clock fashiondom and tendom begin to stir briskly along Broadway; between that hour and three, nearly all the beautiful faces in the city, on a fine day, make their appearance. At three they gradually be gin to disappear, until about four, they have almost entirely made way for tne morejplebian part of the community, who begin to return from their labors. It may seem strrnge and in fact it is strange, that mechanics, and laborers remain in the city, where they are nearly one half the time out of employment, and where they are at all times subjected to the annoyances of the fluctuation of trade, while the Great West that opens up her anus toreceive them, and pay them ample renuneration. The tradesmen here appear to prefer pent up, till ventilated lodg ings, damp cellars, summer complaints, cholera, and all the native, as well as the imported infections, to green fields, the sweet aroma of wild flowers, good health, and the high flow of enjoyment that fol lows a life of independence. Last winter while there were thousands of working men in this city that were obliged to de pend upon soup bones or starve, there were advertisements in the western papers offering the greatest inducements to la borers, and mechanics of all kinds, yet our starving population could not be induced to leave the city. There appears to be a sort of fascination in the never ceasing turmoil of the metropolis that holds per sons while they are being destroyed, like the secret power the serpent has over its prey while it is being devoured. There are now thousands who can scarcely keep from starving ; that could not be induced to leave the city by any ar-1 gument less potent than a posse of ponce: I and hundreds who would not exchange their bed of grass in the park, or the soft side of plank in the station house, for the I most luscious couch a country village can afford. Why these things are so I will leave for an answer to more experienced heads. New York is unusually dull, there is nothing doing and every person appears Ito be doing it. About the only thing of j any interest is the World’s Medical Con ' gress. The persons connected with this it i is said, have performed several remarka i ble cures since the commencement of their | session, and persons are coming from all | parts of the country to place themselves under tieatment. It strikes me that it is possible for such an institution to do much good. Mayor Wood has instituted a complaint I book in which all who feel themselves i aggrieved may set forth in detail the cause ' ;It seems destined to effect some good I j although the major parts of the complaint j , are against dogs, dirt, and loafers. Some * dogs are being complained of as being noisy, some as being cross, and not a few give offence by their surly looks. As the complaints against dirt have been posted up at the corners since the time of the old dutch Governors the present ones do not exact much attention. Loafers are how ever a modern institution. They are, in fact, the standing nuisances of all our cor ners, the terrors of women, and the con- tempt <>f all respectable persons. They will probably be put down after the Maine law comes in operation ; or, what is likely to come to pass sooner, when the milleni um sets in. Great preparations are being made in the musical and dramatic world for the Fall, and Winter seasons. Some of our mana gers, and opera jobbers, are about to visit Europe in order to engage the most brill iant array of talent that has ever appeared before American audiences. Julien the great composer and musical conductor will certainly pay us another visit before next winter. GEORGIA. COMMUNICATED. TO THE PEOPLE OF GEORGIA. I notice that the Georgia Citizen is urging the claims of Garnett Andrews to the chair of State. Now while I have the kindliest feelings towards the Editor of the Citizen, I can not but unqualifiedly reprehend such reck less endorsement of a man whose wanton corruption has made him odious and con temptible to all generous and liberal mind ed men. It is well known that Garnett Andrews is the Judge who once excluded two re spectable Universalists from their oaths in a Court over which he presided, ly on account of their religious’principles.” At the time this decision was made Dr Andrews “ took up his pen in opposition thereto, as unjust, unconstitutional, and absurd,” “being then,” as he says, “in a position to feel the baneful effects of the decision but now, I suppose, not being in such a position, takes up his pen in favor of the decision. The Dr. seems now to think that said judge in the absence of any statutory pro vision, under the “ Common Law of Eng land,” was bound to make the decision; and thus seeks to exculpate him from the charge of ignorance and corruption in a decision made, he says, “20 years ago.” He further argues that “subsequently, and arising out of the case, the Legisla ture passed an act placing the testimony of Universalists on the same footing with that of other classes.” These statements are presented in a false light calculated to mislead the un suspecting, and simple justice requires that the public should be apprised of the .* te of the decision, which I consider an unconsciencious outrage upon the senti ments and feelings of the people of Geor gia. In the first place, the decision was made only 15 years ago, when judges were not considered so awfully moon-struck as some might imagine. “Twenty years ago,’’ indeed, as though at that time the gloom of the dark ages overspread “ the Empire State of the South 1” And the act of 1841, to which he refers, makes no allusion to “ the testimony of Universalistf,” whatever; granting that it ooes, the inference might arise with some, that before the passage of the law they were not considered competent witnesses. The Act simply declares, “That from and after the passage of this act, ‘no per son shall be excluded from testifying as a witness in any of the courts of law or equity in this State; or be deprived of his or her oath or affirmation touching any matter or thing where an oath or affirma tion is necessary to secure any right or in terest whatsoever, by reason of any reli gious opinion such person or persons may entertain or express: Provided, nothing in this Act shall prohibit such disabilities going in evidence to the jury to affect the credit of such witness or witnesses which at most, amounts only to a declara tion of the “ civil rights ” already guaran teed by the Constitution of the State; so, Garnett Andrews need not calculate too largely upon the lapse of a few years and the negligent distortions of his friends I The stigma of this decision is set too deep, and is as dark as the corruption that en shrouds the heart of Garnett Andrews with the dire gloom of remorse I It may be true that the Act grew out of the decision, but the Legislators in passing an act to control corrupt judges, had bet ter sense than to assume that Universal ists had been outlaws iu the State of Georgia for nearly a hundred years. “The common Law of England,” in deed I Even in England, at the time of our adopting statute, conflict of opinion existed in regard to religious witnesses, — and the rule of competency had greatly re laxed ; and in the United States, at the time of Andrew's decision, it was general ly considered as “settled” lawtnat a be liefin a supreme Being who will punish sin in this life only, was sufficient reli gious test of competency. Indeed, in the entire absence of any statutory provision, it seems that the ex clusion of such witnesses would be incom patible with our forms of Government—a mockery upon our boasted land of religious toleration. But let us come still nearer to the glaring outrage of this corrupt de cision, that its awful deformity may be felt and abhorred ! In addition to the facte stated, our own State Constitution then and now de clares that “NOONE RELIGIOUS SOCIETY SHALL EVER BE ESTABLISHED IN THIS STATE IN PREFERENCE TO ANOTHER, NOR SHALL ANY PERSON BE DENIED THE ENJOY MENT OF ANY CIVIL RIGHT MERE LYON ACCOUNT OF HIS RELI GIOUS PRINCIPLES.” Society—the boon for which the unrestrained natural liberties of man are surrendered—becomes a burlesque and a mockery when the wor thy members of the social compact are denied their sacred “civil rights.” What then is “civil right?” It is “the right of personal security, the right of personal liberty, aud the right of private property,” controlled, guarded, protected and secured by the laws of the I land. , Now, under the forms of our govern ment and laws at the time of the decision, i would not fhese “ civil rights ” be denied in the disability imposed depriving a cit izen of his oath in a court of Justice, merely on account of his religious princi ples t In view ot the American Constitution, American law, and the Constitution of Georgia, in the absence of any statutory provision, would you deny the oath of a Baptist, Methodist, Universalist, Catholic, or Episcopalian in a Court of Justice against the robber, the thief, the midnight Assassin ? Could you discriminate against the Universalist, and when his civil rights should be invaded—his children murdered and his house and his homestead laid waste, would you deny him his oath to ar rest the infuriate mob, and his oath in a Court of Justice to bring them to the pun ishment incurred by the foul aggressions upon his civil rights ? If so, how could he enjoy rights around which no shield of protection is thrown ? Suppose in such a case six good and worthy Uuniversalists should stand by and witness the outrage, and two ot the mob to screen themselves from impending dan ger, should have three of them arrested arraigned and put upon trial for their life and one of the accused was the only son of the heart-stricken father left to soothe and cheer his desolate home ? Would you, could you deny the father bis oath and the oath of the other three in behalf of oppressed innocence, in behalf of jus tice and mercy ? W ould not it be a violation of one of his most sacred civil rights for his own dear son of tender years thus to be dragged from his paternal care and affection and sacrificed at the ruthful hands of violence, when his oath might restore the innocent son to his rightful possession and bosom of his love? It is only by oaths that many civil rights, rights of personal security, personal liberty, and of private property, can be enjoyed. The law has so ordered and controlled these rights. Rights with out remedies for their invasion are sol emn mockeries. Tell me not that my civil rights are not denied, when the mid night assassin robs me of my possessions, and merely on account of my religious principles I am disarmed of the power to bring him to justice, and thus am left a prey to the merciless violence of outrage that wantonly tramples me down in the dust with impunity ! My personal liberty becomes a mockery, when my body is im prisoned and chained and fettered and tortured by cruelty and revenge, and turned loose perchance a miserable outcast upon the bosom of society, inviting aggres sion at every step, like a frail bark with out rudder or compass driven upon the threatening waves of the stormy sea,—be cause forsooth, between the State of Geor gia and the invader of my sacred rights— the only way in which public justice can be maintained; my voice is hushed for ever. Public justice is as much mine as yours when it becomes a part and parcel of the safeguard and protection of my “ civil rights.” Would you allow the Universalist community to be molest ed. disturbed and annoyed, and the firesides of the inhabitants nightly as sailed and sacrificed by the lawless un restrained by their oaths the only means provided by law to stay the hand of vio lence and bring it to justice ? If so, could they enjoy their civil rights ? To assume such a position in this land of laws and oaths, is preposterous. And yet, Dr. An drews says that the AntZreto’s decision in the face of the law, justice, reason and the constitution of Georgia is a “conscien tious” and “consistent” thing—being founded on “the law of England.” It is true that “ the old cases at common law upon the competency of witnesses had gone upon very subtle ground,” but long before our adopting statute the rule had relaxed. What says sir William Black stone : “ All witnesses, of whatever reli gion or country, that have the use of their reason, are to be received and examined, except such as are infamous, or such as are interested in the event of the cause.’’ “Jews, Turks aa i Heathens, contrary to the.opinion of I a Coke, are now held competent witnesses aud sworn according to the ceremonies o' • heir religion respec tively.” And it seems sufficient if he believes in a God who will reward or pun ish him in this world Saunders— . is the I deduct ion after referring to some conflict of opinion. “Jews, Turks, Infidels—persons of all denomintations, excepting only utter atheists (or such as profess to be) may be witnesses:” Greesly, Equity, Ev., Page 65, —see notesand references “Sir Matthew Hale, to whom the want of care or zeal in protecting the religion of his country can never be imputed,” | once observed that it was a very hard case if a murder committed here in Eng land in presence of a Turk or Jew, that owns not the Christian Religion, should be dispunished,”—and afterwards, it was solemnly settled by Lord Hardwick, Chief Justice’s Willes and Lee, and Chief Baron Parker, that “the testimony (even) of all infidels, who are not atheists, was to be re ceived In Massachusetts and several other of the States these doctrines had been con firmed by decisions in the abscence of statuary provision, and though the rule of competency embraced those who believed in the existence of God, and a future state of rewards and punishments it did not exclude infidels who were not atheists, much less Universalists who believe in a Supreme Being, who will punish man ac cording to his works. Bouvie says that such is the “ settled ” law. Greenleaf says : As to the nature and degree of religious faith required in a witness, the rule of law, as at present un derstood, seems to be this that the person is competent to testify, if he believes in the being of a God, and a future state of re wards and punishments; he adds, imme diately, it may be considered as now gen erally settled, in this country, that it is not material whether the witness believes that the punishment will be inflicted in this world or the next. It is enough if he has the religious sense of accountability to the Omniscent Being who is invoked by an oath;” and he refers to the English Authority of Omichund vs. Barker. With these influences crowding around his mind, and the Supreme law of the land— no person shah be denied the enjoy ment oj any civil right, merely on account of lus religious principles, in trumpet tongued voice of liberty, ringing in his ears, Garnett Andrews has ignored Amer ican law, American institutions, and laid violent hands upon the Constitution and laws of one of the States of the glorious American Republic; and now should he have the audacity to aspire to “the Chair of State,’’ I call upon Methodists, Presby terians, Universalists, Baptists, Catholics, Episcopalians, the religious freemen of Georgia, the Patriots and friends of liberty to scorn the ignoble ambition which may seek the forms of Tyranny to crush the dear est birthright of American freemen 1 Not that I hate Garnett Andrews, but I “love” principle, justice, truth, libterty, my coun try “more!” Garnett Andrews for Governor of Geor gia? Patriotism, forbid it! Rather let Universal execration enroll his name upon a scroll of oblivion, and as it shall be toss ed to and fro by the dreary winds of dark ness, let future generations forget that the incubus ever darkened the sky of Ameri ican Liberty. All liberal papers will please copy. MARCUS A. BELL. Atlanta, June 30th, 1855. — I [For the Daily Examiner.] Mr. Editors:—Permit me to have a small space in your columns, to chronicle an exhibition, which took place on the 30th ult., at Mr. W. C. Parker’s school, in the county of Campbell. The examin ation being generally known, many were out to witness the exercisos. After assembling at the ikcademy many clases were examined. And at half past 11 o’clock, the audience were highly inter ested by an address from Mr. M. H. Looney, of Palmetto, on the subject of education. Truly this was an effort that I have never heard excelled. After which address the audience and j school being dismissed for an hour, when the exercises were again resumed. Mr. Parker the principal then proceeded to examine several classes in Philosophy, Geography of the Heavens, Arithmetic and English Grammar, all of which class es acquitted themselves with honor to themselves and the teacher, evincing clearly to the audience, their high-abil ity to comprehend, and the ability of their teacher to “teach the young ideas how to shoot.” An Exhibition came off at night, the acting of Dialogues was good. Composi tions were read by some of the young ladies. Permit me to say that those read by the three young ladies Henrietta Wil son, C. V. Barker and E. C. Barker can not in my judgement be excelled in any of the highest Schools of Georgia. i Mr. Parker deserves great credit as a teacher and the impression he has made will remain when he has left the stage of action. Not only will they live with him but they will when he is gone. The sunshine and joy that the impression he has made upon the minds of his students will redound to the happiness and pros perity of future generations. The whole exercises gave universal satisfaction to the patrons of the Institution, and reflected high honor upon teacher and students. C. C. H- [From the Rome Southerner.] Judge Lumpkin** Letter, Calhoun, Ga., June 13, 1855. Hon. John H. Lumpkin,— Dear Sir: At a Convention of the De mocratic party of the sth Congressional District, convened yesterday in this place you were unanimously nominated as the candidate of that party for Congress, at the ensuing election in October next; and the undersigned were appointed a commit tee to announce to you the gratifying re sult and request your acceptance. In the performance of this duty, permit us to in dulge the hope, that you will comply with the unanimous wish of the Convention, and, as we believe, of the entire Democra cy of the District. We have an abiding faith in your ability to bear the Democrat ic banner triumphantly in the coming contest, exciting as it promises to be ; and with renewed assurances of the pleasure it affords us to perform this duty, and of an earnest hope that you will consent to be the candidate of the party, we remain, Your Fellow-citizens, H.T. PRICE, ) WESLEY BHROPSIRE, I R. M. YOUNG, J-Com. B. F. CHASTAIN, W. A. FORT, Rome, 27th June, 1855. Gentlemen : —I am in the receipt of your letter of the 13th inst., advising me that the Convention of the Democratic party of the fifth Congressional District, bad unanimously nominated me as their candidate for Congress at the ensuing election, and urging my acceptance of the same. The circumstances which influ enced the Convention to use my name, and the unanimity which it secured to their action finally, indicate so clearly the wishes of the people who were represent ed in that Convention, that 1 do not feel myself at liberty to oppose any personal and private views and interests to this public requisition. It has been my good fortune to represent the people of this District in Congress, for the term of six years, heretofore, and it has been the source of my greatest happiness at all times since, to feci and know that I en joyed, in full and overflowing measure, their generous confidence and cordial support. The honor conferred on me so freely when young and inexperienced, im poses the ooligation on me now, to disre gard any and all sacrifices of a personal and private character, to comply with their wishes. I have carefully examined the resolutions adopted by the Democratic Convention, which assembled at Milledgeville, and I yield them my cordial approval. lam well satisfied that they furnish the only true basis of a union of all at the South, inasmuch as they will be placed on a line of co-operation and party association with WM. KA / PROPRIETOR NUMBER 46. the friends of our institutions in the North ern section of the Union. The Whig party have been disbanded, because the Northern division bad become abolilion ized, and no person at the South could, consistently with his constitutional rights, continue his party association with them. The question of slavery has become paramount importance, and that man who neglects tha means of ascertaining who are most worthy and reliable, does not ful fil the duties that he owes te the interest ol his State—as a member of the Union. The enemies of Southern institutions, composed of freesoil Democrats, Northern Whigs, and Abolitionists, combined se cretly in an oath bound political organiza tion, commonly called Know Nothings, (but claimed to be the native American party,) and openly tendered to the North ern Democracy these great issues—oppo sition to the Kansas Nebraska Teiritorial bill, opposition to the repeal of the Mis souri Compromise line, opposition to the admission of any other slaveholding States into the Union, and opposition to tne ex ecution of the fugitive slave law passed by Congress. The issue so openly tendered by the American party at the North was boldly accepted by the Northern Democra cy, a majority of whose representatives had aided in consummating these measures. In that contest they were purged and pu rified of all freesoil and abolition affilia tion, but the combination proved too pow erful, and they have been temporarily overthrown in nearly all of the non-slave holding States of the Union. Yet, these Kansas Nebraska Democrats are still able to send twenty one Democratic Represen tatives to the next Congress, who will unite cordially with all true Southern men in support of our Constitutional rights. Though they have been defeated, they are not conquered, but are now sounding the notes of preparation in all the free States for the inevitable conflict which awaits them. Will any Southern man refuse to encourage this noble band of patriots, who have armed themselves to do battle in our cause? They have no direct personal interest in this question, and have had none from the commencement of this ab olition excitement, but yet they have, at all times, patriotically thrown themselves into the breach, and told our enemies and aggressors, that if they destroyed the rights of the South secured by tne Con stitution, it would be only after they them selves become the victims of ther fanati cal rage and overwhelming power. Is there any other portion of the Northern people from whom we can hope for succor and support in any contest on this ques tion ? The failure of the two sections of the American party, to agree in National Council, on a national party creed, is suf ficient to satisfy the most confiding parti zan, that, in the Northern division of that organization, there never was enough of attachment to the Constitutional rights of the South, to give them the ascendency in a single Congressional District at the North. 1 would ask, in all sincerity and candor, where else can you look for co-op eration to protect your rights but in the ranks of the Northern Democracy? And is it not remarkable that Southern men will still refuse to co-operate with the only party that can be found at the North, who have shown themselves worthy of their respect and confidence. I will not permit myself to believe that patriotic Southern Whigs will no longer oppose a union with the sound and reliable Demo crats of the non-slaveholding StatciLof the Union from partizan bias and prejudice against a name. The Whig party has been disbanded, and the issues that divi ded the two great national parties in for mer times, have been settled upon terms advantageous to both. A new party is being organized to take the place of the once powerful Whig party, with no North ern'alliance, and with no prospect of any aid beyond the limits of the South. How can such a party, if successful in every Southern State, obtain for us our Consti tutional rights tn the Union. Cass, Douglas, Richardson, Bright and other Democrats at the North, have for ten years battled for our Constitutional rights. If, however, the foul spirit of abolition fanaticism should so weaken their power and influence, that with their hearty co operation we should fail to maintain our Constitutional rights in the Union, I shall stand ready with an unalterable de termination to maintain in its letter and spirit of the fourth resolution of the peo ple of Georgia, adopted in solemn Conven tion in 1850. In conclusion, gentlemen, you will per mit me through you to tender to the con vention my acknowledgement for the hon or conferred, and for yourselves you will accept my thanks for the very kind and complimentary terms you have used in making known to me tho action of the convention. I am very respectfully, Your obedient servant. JOHN H. LUMPKIN. Messrs, r H Price, Wesley Shropshire, R M Young, B F Chastain and Wm A Fort. [From the Rome Southerner.] Dr. Lewis. The following letter breathes the spirit of one who has magnanimity and patriot ism to forget self in the triumph of another ahd the success of the Demo cratic party. We are sorry to know that there are few men in the fifth District who would act as nobly as the writer has done. Cartersville, 13th June, 1855. Dear Sir : —I have just heard the re sult of the Convention at Calhoun yester day. lam gratified at the expression of confidence manifested there by my friends towards me. As an individual I ain de feated——as a democrat lam not, nor is the Democratic party, nor will they bo, if true to their principles. I trust you will ac cept the nomination. I pledge myself not only to sustain you, but to do it cheer fully, Very respectfully your ob’t serv’t JNO. W. LEWIS. Hon. J. H. Lumpkin.