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A STRICT CONSTItUCTIOS OF TIIK COXST1TV TICK#—AM HONKS T AXI) KCOXOMICAL ADMIXlSTttATIOS OF THK GOVKRNMRIYT.
—
Ragland & Wynne, Proprietors.
COLUMBUS, GA„ TUESDAY, DECEMBER 3, 1872.
Volume XLIV.—No. 49
The Weekly Enquirer.
JOHN H. MARTIN Editor.
COLUMBUS:
THURSDAY NOVEMBER 28, 1872.
—Term* «.f Snlm«*rl|)tton-
Oin* v<-
tlov. IJiuImI}** Xi-Himvf.
Wo exclude much of our customary va
riety to make room for tlio Message of
tliu Oovornor of Alabama, which wo copy
iu full. It is a plain and huaiueHS-like
statement of tho financial and other pub
lic concerns id the State, and will no
doubt be quite interesting aud instructive
to our many Alubama readers.
Correction.
According to the dispatches to the
Western Press, George W. Fainuan is the
limn appointed by Gen. Grant Postmaster
of Philadelphia--not Truiuau as the
Southern dispatches had it. This, as we
remarked in our last issue, is significant
of Hornetbing more than a personal pref
erence, but tbo correction as to uuuios
itmlo a the significance just the reverso of
what wo understood it to be from tho an-
liouiiceineiit of Truman's appointment.
Fuiruinn is the man whom the rulers of
tho “civil service" designated for the
place, aud iu appointing him Gen. Grant
udhored to his reported declarations to
Cameron and others. We are glad that
tho report of Truman's appoint muni is
incorrect, nod that we were too hasty in
Having that Gen. Grant had yielded to
the demands of coriupt politicians.
11 nn y Lout her, the negro witness for
the Federal Government against tho Wil-
kiusoii county prisoners, disappeared on
Saturday. Jle was under bond for illegal
voting, hud been surrendered by his
bondsman, nml was out with a constable
in Savaunah, I*inking up new bud, when
lie made his escape I rum the oflWr.
A United States Deputy Marshal from
Montgomery ariived iu Kufaula, Ala., ou
Fii-luy, and a non tod several citizens of
that place oil a charge of conspiring to
gether to deprive duly elected mumpers
of the Alabama Legislature of their seats
in that body. t hey had thrown out the
votes catt at one or two boxes iu Harbour
county whore the election was not con
ducted in accordance w ith the laws of tho
State.) Those mrested in Kufaula were
II. C. Russell. Judge of Probate, B. F.
Hart, James M. Buford, and Henry
McCormick. They gnvo bond for their
uppnarance at Montgomery. It was sta
ted that the Marshal had warrants for the
urrcRt of the Circuit Clerk and {Sheriff of
the county.
Tho Kufaula Times reports tho preva
lence of tho epizootic or horse maludy in
its city ; also in Georgetown, Ga. It ap
pears so far to be of a mild type.
Special dispatches from Winona, Min
nesota, contradict the report, published a
day or so ago, that tho track-layers on the
Winona and St. Peter Railroad, who arc
blockaded with snow, are in any danger
of starvation, or even sntTcring. One re
port says that the train hciiI to relief had
arrived ut the end of the trrek, which is
now dour of snow.
The Grand Jury of the United States
Court at Savannah was discharged on
Thursday, on motion of tho District At
torney, becauso it had been reduced by
sickness and other causes to a number
below tho legal minimum. It was said
that they had found only oue true bill—
that against Sergeant Carr, who was
acquitted. The Baldwin prisoners, arrest
ed on a charge of violating tho Enforce
ment act, were allowed to return homo.
At. Ilk AM A l.lUIM.ATt UK.
Monday, 2-V/i.—Lieut. Governor Moron
rotirod from tho Presidency of the Senate,
mid Senator Erwin of Wilcox was elected
President pro trim; this upon a notifica
tion by tho Lieut. Governor eloct that he
was not yet ready to take his seat as pre
siding officer of tho Senate. Resolutions
wero off ered for tho appointment of a se
lect committee to examine the certificates
of the hitting Democratic Senators from
Rarhonr and Marengo, and report wheth
er they are such as to entitle thorn to
seats during the progress of u contest
therefor. Made special order for lo
o'clock to-morrow.
in the I louse, a similar resolution in re
gard to the rights of the sitting Democrat
ic members lroui Barbour and Marengo
was offered and made a special order for
to-morrow 10 o’clock. Tho following
bills received a second reading in the
House, and were referred: A bill, to con
fer jurisdiction on Chancery courts to re
lieve minors over 18 years of ago from
disabilities of nonage; bill to amend an
act to expedite construction of railroudi
iu this State.
••IM KI.H MKN IS ALABAMA.”
We are indebted to Col. B. C. Yancey,
of tho “Plantation Publishing Company"
of Atluula, for a copy of Hon. William
Garrett's “Reminiscences of Public Men
in Alabama for Thirty Years." It may
truly bo said that no man iu Alabama was
better qualified than Col. Garrett to com
pile such a work. His long term of ser
vice as Secretary of State and as a Legis
lator made him familiar with the men aud
the events of which he wrote, and he lias
evidently performed his task impartially
and faithfully. His work is a succinct
political history of tho State for one gen
eration, and an agreeable and faithful
memoir of the uien who amde its history
for that period. We recognize iu it many
faithful sketches of men, and many no
table or laughable incidents of their lives.
It is a book of over eight hundred pages,
gotten up in good style (except as to the
paper—a work of such lasting interest
dest r?i. , h bolter quality), and is sold ai
$4 per copy. Mr. Pease has copies of the
work for sale in Columbus.
A gang of rowdy negroes assailed a fu
neral procession with stones and other
t missiles, in havannuh, on Sunday. The
* men in tho procession had to break ranks
to disperso them.
We direct attention to an intelligible
■ end evidently sensible and judicious arti
cle on (lie horso malady, written by a
physician. We copy it from the Balti-
pnore Sun.
I.KT Tlim A LOSE.
This is substantially tho advice given
by the Now York Herald to Gen. Grant
and the incoming Bulled Congress, as
tho proper policy for them hereafter to
pursue towards the Southern States. The
Ihroll of the 22d inst. says that “nothing
is more ceitaio than that the past efforts
at reconstruction have been a failure."—
It instances the present “disturbances’
in Louisiana, Alabama and Arkansas ^it
might have added Floridu) as proofs of
the declaration : and it says in reference
to the party conflicts now progressing in
those States :
“The duty «»f the President appears to
be | l.ti.i. t he States are independent
and must take care of themselves. There
are properly constituted Authorities ev
erywhere, and who they are, must be de
cided by the State Courts. If any dis
turbances of the pence bikes place, the
State offi-ers have the police ai.il tho ma-
lltia at their hacks to rostoro order and to
enforce the laws. If their power should
prove unequal to task, they have the
privilege ot calling on tho United States
tor help, aud then the Federal interfer
ence is coiiRtitut onal urn! proper. Presi
dent Grout lias nothing to do but to await
sneli a call, 1 here lias already been too
mu .’h ioteiference on tho part of the gen
eral governmoi t with tho Southern States
if not with otln r Stabs, and the pre-cut
dUturhuuces arei’s initural result. We
believe that President Graut desires to
leave the Soutlu r« people in the future to
mating*.* tluir own atthirs, and this is a
good opportunity to inaugurate such a
policy. If they choose to bring trouble
upon tin uiselves they must be the suffer
ers : but it is certain that tho politicians
who are ins'rumen: >1 in cluing so will bo
remembered and repudiated by the peo-
pi...
Wo are convinced that the Herald is
correct in its main idea; and we say this
not iu the spirit of a partisan. Let them
ti'oht is tho true policy, not only as a con
stitutional injunction, but ns a matter of
expediency, it i* only the prospect of
obtaining Federal interference that
prompts conllicts in the Southern Statue
such as we are now witnessing. Remove
this incentive, and tho evil will bo arrest
ed. Such conllicts are gotten up iu reli
ance upon Federal power lo do wind the*
popular voice, expressed in the legal and
regular manner, 1ms failed to do. We
have recently witnessed instances in our
Southern elections in which one party,
seeing that the vote was going against
them, have withebawu from the contest
the ilny of the election, with the intention
of making up s une flimsy showing of in
timidation or fraud, and upon it appealing
to the Federal power ; oi they have got
ten up a conflict at the polls with no oth
er object than to make out a case of vio
lence aud to apply for Federal interven
tion. '1 he constant practice of interfer
ing in such cases incihh the resort to
these snbteifugcs, and thus makes a con
dition of things that affords a pretext for
the appeal to Washington.
Lit them atom Tho majority iu ov
cry State will rule if lot alone. Defer-
auco and obedience to the decision of tho
majority u a strung traditional and culti
vated iciitimeut of ilio Amor' • u people.
It is po'Mhlu for it to lie si , in an hour
of passion, or violated in the prosecution
of M»me knavish design; but such outra
ges always react upon tho party perpetra
ting them, and the majority will triumph
ill the end. A gieut responsibility will
devolve upon C’ougrcSH iu determining
the qiioitioii of continued arbitrary recon
struction in tho South, or the ahaudon-
ineut of it for the more constitutional and
rational policy proposed by the HeraUL
Tin* (ieerisia Klrrtioii.
From tho Secretary of Statu we learn
that tho offlciul lvturus from all the coun
ties but two, Ilarrulsou and Jtubuu, arc
Tho vote stands thus :
Greeley 75,802
Grunt 02,48a
Greeley's majority 1,1,411
O’Conor G,t>DD
Tho whole vote polled is M2,,'170. The
whole vole polled in 1828 at the Presi
dents election was as follows :
Seymour 102 822
Grant 07,104
1521,1)52
Seymour's majority 45,588
It will thus bo seen that tho Democrat
ic vote fell off' 22,027. 'i lie Radical vote
increased 1, which wiut due to success
ful fraud.
At Gov. Smith’s election tho vote stood:
Smith 1011,070
Walker 41,452
114,528
Smith's majority 01,024
We thus have 112,1*70 against 141,528 a
mouth ago, its the vote of the Stato,
showing a decrease of 2,158, with the
two unrepoited counties will change
some.—*1//. Count.. 2If//.
Oki'HinoKw Swuni|i.
Active preparations are in progress to
drain the great Okcetinokce swamp, iu
Southern Georgia. This immense swamp,
the luigcst . counting Florida out of the
question; in this pun of the world, is now
being ut tacked in earnest, and a chartered
company propose to see if it cannot be
made valuable for some things besides
hours, coons, wild turkeys aud snakes.
Thu swamp, which extends down into tho
upper borucr of Florida, is a thickly tint-
bored morass, nearly 200 miles in circum-
feieuco—nearly twice as largo os the Dis
mal Swamp—■ and its mterustiug ornitho
logical population, which includes some
strange voiced birds, apparently peculiar
lo that particular domain, is only paral
leled by its endlets variety of auukes and
alligators. The preiiuiinuiy work of
draining the swamp required an experi
ment to show the nature of the grouud
beneuth it; and u shaft or tunnel, sunk
at the border of the morass, has disclosed,
curiously cijuuugb, tho existence ut a
depth of two hundred feet of u bed of
genuine bituminous coal. Its extent, as
well as the comparative value of the coal,
remains to be determined. The most ob
vious facts in geology will readily explain
not only the existence of coal iu such a
place, but the (probable) fact that the bed
is a large one. Other geological facts of
some interest aro said lo have been de
veloped by lbi> shaft, one bciUg a stratum
of rock ut the H'uiiaa ago.
We regret to learn that Dr. Costly, of
LaFayette, and the Marshal of tbe town,
were shot last Thursday by Dr. Carter, of
Tallapoosa county. Dr. Costly was seri
ously wounded iu the breast with a charge
from a double-barrel shut gun. The Mar
shal was wouuded iu the leg. The matter
will undergo judicial investigation. Dr.
Carter is a son-in-law of Dr. Costly.
[Monty. Adc. t 24th.
The Western North Carolina Railroad
is to be aold at mortgage sale. The
Raleigh Sentinel says: “The Stale iu-
vested four millions of dollars in this
road. This w» all gone.”
GOVSRSTCa LINDSAY'S MESSAGE.
general good,
ting j ios|t
lion of peoph
Executive Peuabtmf.nt, >
Montgomery, Ala., Nov. 21, 1872. >
ticntLmeu of the Smile and J/oune of
Jtijiianntatiri* : 1 confidently hope that
the deliberations on which you huvo on- 1
tend may redound lothe general uud per- •
manent welfare ol the people of tho whole ;
State.
Coining directly as you do from your
respective constituencies uud representing .
nil sections of the State you are Ultimately ;
aequuiuted with their varied but common '
interests, as well as tho views they enter- j
t.iiu regarding the more important ques- I
tions of policy ngitatiug the public tuiud, I
and whicu aro likely to invoke your alien- j
tion during your present session: ami
knowing these views, yon will rioguiso
tho popular will ms a presiding and eon- |
Lolling inlluoucQ at all stages of your
legislation.
The recent stem and exciting political
contest out of which the country bus just
emerged no doubt roused into activity,
passions, prejudices, uud peisotial ani
mosities, yet 1 earnestly trust that those
have yielded to better and nobler impul
ses oi broad and comprehensive philan
thropy—to a spiiit oi patiiotie benevo
lence. It will l»e matter tor joy if the
Gcueral Assembly of Alabama should ex-
Libit to tho world a worthy example of
subordinating party antagonisms to the
•t directing their labors and
licent emulation in promo-
f and peace among the mil-
s’hose civil liberties, whoso
dearest social and political interests have
been confided to their wisdom and fidelity.
Legis ation at this crisis iu her history
may seriously i.ft'eot tho future of Ala
bama. Tho to are periods in tho life of
States ns well us individuals, where one
false movement may entail a long suc
cession of evils which regret cannot
lighten, nor iff'ort entirely overcome.
riiOGltESH OF THE STATE.
Alabama is entering upon a new career
of industry needing Legislative eneour-
agemeut it nut protection to secure Us
final success. With the emancipation of
tho colored raeo there arose at once an
inclination aud necessity to find new ave
nues to labor and profit, and the moiiu-
taiu belt oi North Alabama with its n.es
timable afiiuetjce of mineral iKq o.dts,
water puwtr uud Umber, offered a vast
inviting field which is already rapidly
attracting capital and an intelligent, lndiis-
trivets population. The lestmadion of the
Alub.ouuA Uiiatli.no. g.i Railroad to active
opcintiotiH. and tin- leoctit e.iinpl tion of
the South A* North Alabona Rind, have
uwukuned along their expensive lines a
restless spirit ol energy which promises
grand results of ilcvid"puiunt aud pros
perity throughout one-mild of the Slate
which was but yesterday as it. wero inac
cessible to tratio or enterprise. Villages
that lmd for yeais dragged on a sluggard
aud profitless existence begin to exhibit
cheering signs of a prosperous future.
Iu their centre where eighteen mouths
ago tho smoke of scarcely a single lonely
cottage daikeued tho horizon, limy now
bo seen a lloiiiishiiig town of nearly four
thousand inhabitants, daily extending its
limits and multiplying itH industries.
Thu infunt city ot jiiriiiiugltum is wonder
ful iu its growth, and an impressive luou-
tlineut to the lor* sight, < o.ilideneo und
energy of its founder.
mineral liFRouuriiH and h.mi.uoadr.
Tin* natural wealth of AUbumn, slum
bering still in the unlocked recesses of the
mountains, nuy be considered geograph
ically within tho limits of a ; articular sec
tion, yet win n devi I■ • |t its value will be
felt everywhere throughout the State
from the Tcmiiprsco to the Gulf—not a
city nor a citizen hut will experience its
vitalizing iiillueiiee. Whenever there
fore legislation will avail to aid in develop
ing tho grand treasures with which natiiio
has enriched our Stale, tin* General As
sembly will no doubt wisely and liberally
extend its lostering care. Much has al
ready been Accomplished in that direction
through the agency of the railroads which
have boon const meted within our borders
during the post few years, and 1 fool at
once a ploasuie and a pride in pausing
here to invito your attention to the signal
advancement Alabama has made iu the
progress ot her railroad system, despito
tho manifold obstacles, and adverse cir
cumstances it has had to encounter. You
will bo gratified in being informed that
since the close of the late civil conflict—
indeed it may be said w ithin the compara
tively brief period of live years—nearly
one thousand miles of railroad have hceu
built—distributed through nearly every
portion of the Slide, placing them in easy
and cheap communication with each oth
er, and affording access to the commerce
and tralie of the world. The present ad
ministration has with feelings of high,
and peculiar satisfaction, witnessed the
completion of three roads of vital impor
tance not only to the regions they pene
trate, but of incalculable value to tho
wholo Stato. The Montgomery and Ku
faula Railroad, if I adopt what seems to
bo tho modern mode of measuring space,
has brought within a few hours distuneo
from the Capitol tho populous and pro
ductive country of tho Chattahoochee, as
well as united in social and business in
tercourse with Ihe rest of tho State a sec
tion which, as one of its noblest citizens
onco pathetically exclaimed in t4<o Sonuto
Chamber, only realized its political con
nection with Alabama through tho exact
ions of the Tax Collector.
Tho South A North Alubuin R nil road has
boon slow iu its progress, and its comple
tion long deferred, yet when wo survey
tho magnitude of tho work ami allow for
tho many unavoidable interruptions which
from time to time have intervened to ob
struct it—its final consummation is well
calculated to inspire sentiments of wonder
and admiration tor the spiiit and energy
which Achieved it. An anticipation of
the benefits that w ill surely cumnuto from
this great improvement is beyond present
conception, yet its present visible advan
tages manifest its importance and value.
The rnggod mountain barrier of tho Cum
berland Range, which long separated
North and South Alabama, lms been cleft
asunder, and corntuunini'ion established
between sections only heretofore existing
by expensive and circuitous routes through
the neighboring Slides of Georgia or
Mississippi. This road has also opened
a direct highway to the granaries and
commercial marls of the Northwest, and
created new and Humorous outlets for our
Southern products—above all it has ren
dered available fields of coal and moun
tains of iruu surpassed iu extent, aud iu
quality in no other locality—perhaps in
no other country on tho globe. What
has been said of tho South «V North Rond
in liko manuer be suid in eoui.oction with
the Alabama &. Chattanooga running in
a different direction—crossing neur tho
centre of each—partially through tho
same region and dingoually across the
State. A part from the material develop
ments which will enure from it, the Ala
bama &. Chattanooga Road is destined to
be a great, if not tho chief thoroughfare
of travel und transportation from tho cit
ies of tho A11 Hit iu coast to th** lower
Mishissipi i, uud onward through T« xuk to
the Pat ilio slope.
UNCOMPLETED RAILROADS.
Id addition to these, other similar en
terprises are now progressing which when
finished will contribute their peculiar ben
efits to the State and tho localities through
which they are projected. The Grand
Trunk Road beginning at our commercial
capital, Mobile, is rapidly moving forward
to the coal fields of the Caliubu aud other
regions of North Alabama ; already it has
reached its Warrior crossing, fifty-five
miles from Mobile, and is encouraged by
a fair business in tho agricultural districts
it passes through.
From the thriving town of Opelika the
Bavauuah & Memphis Road ia iu operation
for a distunco of forty miles in a north- Tho language of tho two sections cited
iMterti direction, aud progressing earn- widely differ in letter and iuteutiou. '1 ho
estly and surely towards its destinations,
first Rirniinghani and thenco to the navi
gable waters of the Tennessee. Tho com
pany constructing it, I lenru from what I
deem reliable sources of information, are
determined, and possessed of tho means,
to continue and complete the under
taking.
Thu Selma, Marion A Memphis Rail-
road, of great imgortuncn to the State,
especially to the rich agricultural counties
of Middle ami West Alabama, is also go
ing forward, and w lieu it forms itH con
ned ion with tho Mot>ilo & Ohio Railroad,
wiil constitute a valuable member of our
railroad system.
The Suinni & Gulf Railroad, overtaken
by adversity, seems to have halted for the
present at its fortieth mile. 1 am. how
ever, unofficially informed that a reeeut
sale of tho road to nu English couipatiy
will insure its speedy completion to the
Gulf.
The East Alabama A Cincinnati Rond
has not proceeded beyond its twentieth
mile from Opelika, a point reached prior
to tho commencement of tho last session
of tho Legislature.
Tho itiilroads referred to form what
may bo denominated tho railroad system
of tlio State, and heretofore tho recipients
of the State’s endorsement.
tub state’s endorsement tolicy.
The necessity for railroads, and the
multiplied benefits they confer upon nil
ti.o pursuits and interests of mankind,
ignorance can scarcely summon hardihood
to question in this century of human lite,
yet u great difference of opinion does
prevail regarding tho true policy of Gov
ernment toward* them, iu this State this
question has boon agitated under the
lotm of endorsement ot railroad bouds.
ignoring, however, tho contlicting views
ot individuals, or of parties, 1 have since
my accession to the Executive OlUco Him-
ply endeavored to execute the endorse
ment laws in letior and spirit as 1 found
them on tho statute book. 1 recognized
in them a solemn contract between the
•State and tlio railroad companies iii the
first place, and in I lie second a pledge of
the most hciiipulous good faith ou tho
part of the Stale to all persons who hon
estly and innocently loaned their money
on the Stale's endorsement ; and l dili
gent.y and earnestly sought to measure
my ii.-.t by this inter) rotation of the law.
'ino wisdom of tho legislation it was net
my proviuco to de.L rmino; and to have
decided upon its constitutionality would
huvo been an usurpation ot power in the
highest degice culpable. Tho policy of
etidorseim ut had been sanctioned by two
successive Legislatures; tirot by tho Leg
islature of 1m»7, sitting before tho Gen
eral Assembly received a new fonu from
the Reconstruction acts of Congress, by a
Legislature composed of many of (tie
veteran lawgivi rs and patriots of the
Stale, and repeatedly confirmed, though
modified, by succeeding Legislatures,
while its constitutionality lmd never boon
assailed in tho judicial tribunals, where
alone ihe nets ol (ho Legislature may bo
declared unconstitutional. Under those
impressive circumstances I Imve pursued
tho couiso 1 couccivt d lo bo iu strict con
formity with the statutory provisions. I
limy, however, bo permitted hero to say
Ih it I Imvo not yet met with any argu
ment or diseovt red any fact sufficient, in
iny judgment, to establish the uiioonsti-
tutionaiily of any of the endorse
laws and thereby to invalidate tho obliga
tion assumed by’ the (state in pursuance
thereof.
If lms been alleged and warmly urged
in the LcgiHliduie, as well as in portions
of thu public 1'ress, Dial tlm Slate is not
liable whenever it is shown that tho Rail
road ('onqany lmd failed lo comply
strictly with law, either before or idler
the endorsement. I suggest that a closer
scrutiny of the laws will reveal the fact
that tlm wrongful act. of thu Company
woiks a forfeiture of its rights to endorse
ment, releases tlm State from its obliga
tion to endorse, lull not from liability lo
an innocent and hona Jide piirehasor of
tho bonds. This position will certainly
be universally admitted to bo true as to
such violative nets committed antecedent
ly to endorsement. An endorser surely
cannot successfully plead tlio failure of
the maker to pcuforiu a contract between
themselves against an innocent endorser,
a stranger to tho contract, and who was
neither tho cause nor cognizant of tho
fuiluro. If, for example, a Railroad
Company obtained endorsement, and
made tho lirHt sale of endorsed bonds for
less than ninety per cent, of nominal
value, this would not render the endorse
ment illegal, or avoid it on bonds in tho
hands of and owned by a subsequent in.
itooeul purchaser at. uiuety-ilvo percent.
I cannot think that such a judgment
would be pronounced either iu a Court of
law or equity—it would certainly not bo
consonant with high morality. This rea
soning is not intended to apply* to tho
endorsement of bonds which under no
ciicnmntiiuriM tetr had hum intithd, or
over could be entitled, to endorsement.
One ill list rut ion will manifest the distinc
tion. Tlm law authorizes the endorse
ment at tho rate of sixteen thousand dol
lars per mile throughout its entire length,
and no more. Jt the Governor should,
however, endorse bonds for a greater
number of mill s than ti e Rond contains,
1 do not think tho Btute would bo liablo
ou such endorsement. Tho piirehasor is
bound to tiso all possible diligence and
vigilance for his own protection, and
whenever lie call uso them, and neglects
to do so, he must suffer. The length of
a Road is ascertainable, and Ihe number
of the bond selves to admonish caution.
There must be some limit lo liability im
posed on the State by the endorsement of
tho Executive, utul llmt which I have sta
ted appears to be a right one. Tho State
never authorized such endorsement on
the fulfillment of any condition the
bonds represent a fiction, not a Road,
and the holder could by investigation
have ascottaiued that fact.
CONSTITUTIONAL QUICK ION OF VALIDITY OF
RONDS.
At the last session of the Legislature
the constitutionality of the Two Million
bonds jttsued for tbe benefit of the Alaba
ma ami Chattanooga Railroad Company,
and tlio liabiliiy ot the Stato thereou,
also bcenme subjects of long and curliest
discussion, 'i he denial of their constitu
tionality was maintained < Lit fly on the
ground that the statute authorizing their
issue failed to receive on its pussugo tho
requited constitutional number of votes.
This argument originated in the supposi
tion thut tho bond-, being the direct bonds
of the St.»te their issuance was restrain
ed by Section 112, Artielo IN’ of tho Con
stitution, which reads: “ThoGeneral As
sembly shall not borrow* or raise money
ou the credit of this State, except for
purposes of military defence against ac
tual or threatened invasion, rebellion or
insurrection, without tho concurrence of
two-thirds of the members of each house;
nor shall the debts or liabilities of any
corporation, person, or persons or other
States, be guaranteed, nor any money,
credit or other thing be loaned, or given
like
each House : and I ho v.-tes siiul! ia each
eoso ho tukon by tho yeas and nays and
be entered ou the journals.”
The fnco of tho bonds, however, ou ex
amination will be found not to bo ia the
usual words of State Bouds, but purport
thereon to havo boon issued for the ex
press purpose of aiding the const ruction
of the Alabama &. Chattanooga ltuilroad,
a fact which clearly transfers the authori
ty for their issnunce to Section 25 of Ar
ticle IV of the Constitution, which pro
vides that: “Tho Stutu shall not engage
iu works of intornal improvement; but
its credit in aid of any such may ho
pledged by the General Assembly on un
doubted security, by a vote of two-thirds
former soctiou presetibes a imjority
two-thirds of tbe members efeach House,
tho latter n majority of two-thirds of each
House. A majority of the members of
each House mentioned iu soctiou 2*2 al
luded to contemplates n majority of nil
members entitled to scats in the body.
A majority of the House mentioned iu
section 22 means a majority of two-thirds
of a quorum, which is any number over
51. {Section 7 of Artielo IV declares a ma
jority of each House shall const it me a
quorum.
It may be asked why diff erent majori
ties should thus bo prescribed. The an
swer is found in tho sections themselves.
Iu section 22 the Stute is solely aud ex
clusively liable for tho payment of the
bouds; iu section 2.2 the beneficiary ruil-
rond coutpAuy is required to give good
and sufficient security that tho company
would pay both priuciplc and interest of
tho bunds as either became duo. J have
deemed it to be my duty thus briefly to
dwell ou a subject of such general public
interest, rather as suggestive of facts than
by way of argument.
AMENDMENT OF STATE ENDORSEMENT.
Th# aggregate endorsements of rnilroul
bonds amount to at tho present date
fifteen million one hundred and ton thou
sand dollars (#15,110,000), resprosouting
seven huudred and six miles, a sum ap
parently well calculated to excite grave
upproheusions iu the popular mini us to
their tiuauciul capacity to meet it without
an onerous and impoverishing iuorenso of
taxation, as well as to impair tho credit of
tho State abroad. I do not think there is
tho icuht real foundation for such fears.
Tho Stato is well secured against ultimate
loss. Wero the roads sold to day under
tho mortgages und the liens of the Stato,
three-fourths of them would realize tin*
amount of the endorsements, while the
remaining fourth, oinhrucing about scv"n-
ly-fivo miles, would realize little loss than
tlio endorsement. This is tho opinion,
too, of persons of experience antf matured
judgment in railroad matters. The se
curity being equal to her liability, it is
false and injurious to iucludo in tho esti
mate of tho Stato indebtedness tho amount
of railroad endorsement, which tho ene
mies of our credit and interested malice
havo studiously done. 1 may add that
tho iron and other movable property of
the roads would alone realize thren-fouiths
of tho amount of the endoisoment. Thus
it will bo seen that tho enormity of the
State’s iudehtadnesH so often pro diiimcd
to the detriment of her credit, and solven
cy, dwindles into significance.
PULLIO DKIIT OF THE STATE.
Excluding from tho calculation tho con
tingent liability incurred by endorsement
of railroad bonds, the J*iil)lic Debt of the
Stutu may be stated as fellows :
8 per cent bonds #2.27t»,Onn
fi-por cent bouds 77n,.Mmi
5 por eout bonds 2,22)0,800
Add to this 8 per cont bonds
loaned to A. «V C. R. R #2,000,000
And 8 per cent bonds loaned to
M. A 1). R. 11 200,000
And wo havo #8,712,000
This is the bonded indebtedness of the
Slate, embracing throo millions four hun
dred and forty-live thousand, contract ed
at periods previous to the civil war, one
million five huudred thousand authorized
by the Act approved December 15, 1m;.*,
five hundred thousand by Act approved
August 12, 1828, and one million by Ac I
December 15, 1871, for tho purpose ot
paying the interest on endorsed bonds,
Ac., and the two million dollars hum *1 to
thu Alabama <V Chattanooga I. i I road
Gompuny. To which may bo added
#22)2,ijno.ot) tho huh of what is known s>-
tho Button Tax certificates non-inl* re-.'
bearing—and we huvo a total Bublic Debt
of eight million seven hundred and foily-
throo thousand dollars with tiHcmi-aiiuuul
interest thoroou of #585,150.
1 must not be understood by this com
putation as repudiating the State’s obliga
tion to her domestic Hinds, such us me
University aud School Hinds.
state’s duty to cuEorruiiH.
Again ignoring the policy of Him en
dorsement system, I recommend earnest
ly an exact, and faithful observance of sit
tlio State’s obligation authorized by Con
stitution aud Law. Tho public credit of
Alalmmn has always occupied a proud
and elevated place in the financial )<-gis-
tors of tho world, aud it should be scrupu
lously preserved. No unworthy pretext
should bo permitted to seduce us into a
violation of our pledged faith—inisfor-
tuiich inny interfere with, and excuse
punctuality, but can never justify an
abandonment of our obligations. Adver
sity has visited her hut has not deprived
the Stato of her native wealth—and fideli
ty to her promises in a season of povuity
will only shine Ihe brighter iu the days of
her prosperity. I urge immediate provis
ion to meet all her unpaid liabilities at
the earliest possible day. Broerustinu-
tiou will only tend to increase the burden,
ludoed our whole financial condition ur
gently demands your calm and prudent
action for it cannot be disguised that the
State is threatened with Ihe gruvest fiscal
embarrassments unless adequate remedies
are promptly adopted.
FINANCIAL KMIIARRASKMF.NTH OF THE AD
MINISTRATION AND CAUSES.
Tho present Administration has had to
contend with a ceaseless succession of de
mands without menns sufficient to satisfy
them. On my accession to office I font) j
the Treasury containing thu trilling pit
tance of (#1,210,20) sixteen liundn d and
forty doliurs and twenty cents, with a
very largo amount of demnudH upon it
unprovided for. These added to tho cur
rent nppropiiatioiiH and necessary expen
diture havo greatly transcended the in
come of tho Government. It is due to
you, to thu people, aud to the Adminis
tration to assign tho cutises of the defi< i-
ency. By reference to tho Auditor’s ro-
port for the yeur 1871, it uppeurs thut the
expenditures of that year exceed tho re
ceipts by the sum of #217,222.22, while
the sumo officer’s report for the present
year shows an excess of #12)7,507.81
together with tho siiuiof #242,475.25 leav
ing the enormous sum of #512,2)82.12 to
bo paid out of the receipts of tho present
year. This financial condition arises
from no new or extraordinary application
of the funds but simply from the inequal
ity of the receipts with the ordinary dis
bursements; and it occurred under u tax
ation fifty per cent, higher than that ot
the fiscal year just closed ; and when the
income amounted to #1,278,128.00. The
aggregate receipts for tlio years 1871 and
1872 amounted to #2,220,024.28, white
tho ntuuti t paid on account of Buhlic
Schools was #1,004,200.52, and #7oo,ooo
in paymeut of tbe interest ou the bonded
debt. Thus it will be observed that the
Public School and interest on the bouded
indebtedness absorbed tho greater por
tion of the entire income of the State,
with #217,572.25 alleged to bo still due
ou school accounts.
It may be asked why this deficit should
havo occurred during tho present udt.iiu-
islrutiou, while the preceding administra
tion cscunod it. This is easily explained.
In 1828 tho Troasuty received from the
sale of 8 per cent, bonds #552,428.42,ami
in 18211 #41)8,248.04; and transmitted n
very largo amount of claims to be paid
by this Administration without auxiliaiy
sources from bonds or loans to discharge
them. It may not be improper at this
point to call yonr attention to the fact
that no money has teen drawn from the
Treasury to pay interest on railroad bonds,
or for any other purpose oonuected with
railroads.
At the last session of the Legislature
agd by Act approved December 15, 1871,
one million dollara of bonds were author
cculed in accordance with law payable in
the currency of the United States, bear
ing 8 per cent, interest und placed in the
hands of Lehman, Durr & Co., the fiscal
agents of the State, for sale. It was soon
discovered that nil ncconut of tho de
pressed condition of tbe money ninrket,
as well as the cloud resting ou Southern
securities generally, they would not com
mand a fair price; at least such a price
as 1 considered equivalent to their value.
From accounts rendered by Lohmuu,
Durr A* Co., and Duncan Sherman &. Co.,
herewith transmitted, you will ascertain
the disposition of said bonds ns well as
all monies arising therefrom.
FISCAL AOENT8 OF THE STATE.
In all iuy monetary necessities and
transactions. Duncan, Shenunn A Co., the
financial agents of tho State in the city of
York, have exhibited a solicitude and
TUE ALABAMA AND UHATTANOOOA ROAD.
In my last annual message I communi
cated to tho Gouerul Assembly u detailed
narrative of tho complication and oinbar-
rassments in which the Stato had boon in
volved by the failure of tlio Alabama and
Chattanooga Railroad Company to pay
tho interest due on bonds, for the juy
meiit of which tho credit of the Stale had
been pledged by' endorsement. To extri
cate tno Suite Irom these embarrassments
i havo worked constantly and earnestly,
nml have been animated with the hope
that 1 hud succeeded, und would have the
pleasing satisfaction of announcing to
tho present Legislature a complete settle
uient of Hie vexing question. Jn this 1
have been somewhat disappointed, yet i
trust that what has been accomplished
will enable my successor to bring it
speedily lo a successful and satisfactory
of each bouoe of the General Assembly.” J ixed to b# isiusd. The## bonds w#r# ex
Uiikuuhh lo aid urn and maintain tlio 1 <" n « | "»M»u. 1 will !«•*» ond. itvnr t.i pro
sent clearly but concisely the history of
my most important nc’s in this connec
tion since my last message on the subject.
Tho interest on the endorsed bonds of
this company falling due on Ihe 1st of
January and July, 1871, 1 had caused to
be paid it) pursuance of an act for such
payment. Under the provisions of Ihe
same act 1 paid tho interest which became
duo ou thu 1st of January, 1872. This I
believed it lo be my duty to do; my in
tent ioti lo pay this interest was explicitly
declared in a special message transmitted
to the General Assembly at. its hist ses
sion aud previous to tho payment. The
mouey Used to pay it w as inrnished by
Lehman, Durr A’ Co., l’iscul agents, on
my order, to Duncan, Sherman A Co., all
of which will appear from their accounts.
ciedit of the State; meriting tho highest
praise aud lasting gratitude of the people
of Alabama. To maintain thu State’s
ciedit they have at nil times exhibited a
solicitude of u higher, and more disinter-
cHed character than that which oulinarily
actuates a mere ngeut.
ToLihuian, Durr A-Co., the homo fis
cal agents of the Stato, n grateful recogni
tion ol their services, ami earnest efforts
in our behalf in justly due. Whenever it
has been necessary and possible their as
sistance has been promptly and adequate
ly rendered, while their official duties ns
Fiscal Agents have been efficiently and
faithfully discharged.
AUDITOR'S REPORT.
Tho Reports of the Auditor nnd Treas
on r will exhibit iu detail the transactions
of Hu ir respective offices during the past
fiscal year. Tboso offices have been ex
amined by Commi'-Miouers appointed uu-
dcr section 70 of the Revised Code, whose
Reports submitted to this Department es-
Hiblish the i fUciency with which their ad
ministration has been conducted. The
Auditor has elaborated uiuuy questions of
policy which will engage your delibera
tions. His views may not in all eases
command your approval, yet many of his
suggestions are worthy your couaidetation.
TREASURER H OFFICE.
'i he Troasmy office lias throughout tlio
two yours of this Administration given
mat v glutifviug proofs of tho solicitude
both "1 thu excellent cbiof-offleor, and his
xvortl y assistant to guurd thu fistal intir-
••st oi th" State, and to uphold the effort
of the Executive to muiutaia our public
credit.
INSANE ASYLl’M.
Tho accompanying liopoit of tho oper
ations of I lie Insane Asylum also merits
your attention. Tho management of this
interesting institution hns been prudently
e.'oiiotuioidly nnd humanely conducted,
by its experienced and accomplished Su
perintendent, l)r. Riyco aud his assist
ants.
ADJUTANT OEKERAL'h REPORT.
Tlio Adjutant General's Report is like
wise submitted. General Allen has oxer-
ted great energy, labor and efficiency iu
tLf discharge of his duties. Tho arms
procured from the Federal Govurinont arc
a valuable acquisition. Tho Uuivorsily
and Agrictiltuiul College have^becu sup
plied with a number of cadet muskets of
the most improved pattern, sufficient, 1
apprehend, to meet the requirements of
thuir military depart incuts lor yours to
SUPERINTENDENT OF PUBLIC INSTRUCTION.
The report of the Superintendent of
Bui.lie Instruction is herewith transmitted
lor your itispeition. That officer lias
Ih cu btndciicd with duties, the onerous
character ot which ho a loti o cun justly
and adequately estimate. There is no
department ot tho government whose
workings und administration address
themselves so directly to the feelings, 1
may add tlio prejudices of tho popular
licniT. To manage an enlargod school
system supceshHilly and satisfactorily to
all classes, communities aud sections of
tlm State, is an achievement within the
power oi lew officers, if ut all possible,
the present Supeti Aundent has labored
diligently and zealously to render the
common schools efficient, and fruitful of
good to the people; and whenever lit* has
tailed tho failure may ho safely ascribed
to the faults ot the system.
No educational system can succeed un-
I'-ss it is firmly established iu tho popular
heart, and sustained by | opulur approba
tion unless supported and cherished in
stead ot being neglected, and the constant
subject of complaint it becomes nu incu
bus upon ti.o im utul development of the
mass. s. 'I here is much reason to fear
that Him Common School System of this
Stato has failed to accomplish its gram!
mission und if not modified at uu early
day will prove ail entire failure. Its
framework is tho creature of the constitu
tion, and thcicforo cannot ho reached by
legislation. Amendments of tlio consti
tution whenever practicable should be
submitted to the people, not to destroy
but to make a hotter aud more eff ective
system ; aud within tho financial capacity
ot the Stato to luniutuin.
THE AORI0ULTURAL AND MECHANICAL COL-
Iii accordance with thu provisions of a
statute enacted at the lust session ol the
General Assembly, an Agricultural and
Meeliatiical College lms been ustablishud
and organized ut the town of Auburn, iu
the county of Leo. A Board of Directors
composed of homo of tlio most experi
enced citizens of tho Stato overlook its
interests and management ; a competent
corps of l'rofossors huvo been chosen un
der whom the Institution promises pros
perity and usi fulness.
Tho funds for tlm maintenance of tho
Uullcgo are doiived from the sale of Lund
Scrip donated lor that puiposo by the
Government of the United .states. The
Scrip, us tho General Assembly at its last
session was informed, was disposed of at
the price of two hundred and s:xteuu
thousand dollars, which amount has been
paid. By act approved the money so de
rived was rc-quiicd to bo iuvested iu tho
eight per cent, bonds issued under the
act approved.
Biior to tho passage of tho lust named
act, tho Auditor, us shown by his report,
lmd iu vested a part of tho fund in bouds
to tho value of #521,500, aud of the re-
uminder of tho fund tho financial agents,
Duncan, Shcrumii A Co., hold #1521,000,
of said bonds, making an aggregate of
#218,500 eight per cent, interest bearing
bond - , with coupons duo July, 1872. 1
considered the law of , 1872, — as
contemplating an in vestment at pur, and
tho bonds were iu New York, I oousid-
.1 this special deposit with tho financial
agents, ns thu safe aud proper course,
The money arising therefrom has been
properly credited iu tho fiuaueiul account
ol tlio Stato by this Department.
THE l'ENITKNTIARY.
Tho report of tlio Warden nnd Inspec
tors wiil exhibit the condition of the Pen
itentiary. Pursuant to law the convicts
lmvo been hired out. The policy of the
whole system should bo enquired into at
tho proHcnt scs-ioii. it invokes grave
questions which investigation alone can
determine, and I mgo it upon your imme
diate consideration. 1 retrain from en
larging this communication with details
already embodied in said report.
Reports from tbo various public Insti
tutions of tbe State will be transmitted as
soon us received at this Department.
SWAMP AND OVERFLOWED LANDS.
I also transmit pacers connected with
the Hwauip Lauds, showing tbo acts of
the CommiHsioneiM and Agents which will
guide you iu any enquiry or legislation
you may institute with regard to thorn.
Au amount of mouey has been realized
from a sale of a portion of said lands
which has been certified into the Treasury
as will more fully appear from th# reports
of the Auditor and f roasursr.
BANKRUPT HALE OF THE ROAD-
Fuder a decree of tho Bankrupt (Jourl,
tlio Alabama and Cliuttnnooga Railroad
was Bold ut public auction aud for aud on
behalf of tho Htate. 1 bought it at tbe
price of #."*12,01)0.
To vest tho legal title in tlio State was.
iu my opinion indiapeiisi le to sec tiro the
Ntate against the loss of her rights und
lions.
Of tbo threo hundred and twelve thou
sand I {mi*! the assignees in Imukruptcy
ouo hundred thousand which 1 raised by
temporary loan. The balance yet remains
unpaid. Tbo Honorable Richard Bus-
tued. Judge of tbe District Goutt ol the
United Slates, sitting in cases of Bank
ruptcy, on application and proper repre
sentations extendi d the time <*t paymeut
of the b-ilauoc of said purchase money.
Authtri/.cd by tbo same Legislative Act, l
offered tbe road tor side on such terms
tbo value of the property dictated, and 1
believed would meet the approval of Ihe
people. 1 encountered great difficulties
at overystepof my negotiations, especial
ly bocuttsc ot tho tumplicutiou m which it
wus involved. Two suits were pending
iu the Circuit Court if tho United Slates
which doteired capitalists from risking li
abilities so largo in their amount, with
out security 11on) tho peril which tho luw-
sui'B tl.roatt n* d to the title 1 might beublo
to convey. Guo of the suits alluded to
aimed at tho overthrow of tho Bankrupt
proceedings and the consequent destruc
tion of the legal tit lo which tho State ac
quired by the purciiuso ut said sale. T'liu
other suit hud lor its object tho withdraw
al of tho ro id from the control of the
Buukrupt Court uud to truusfor it to Re
ceivers. Tlio uctors iu those suits wciuin
fact the Rankriqits theuiHel vus, who sought
to defeat tho ligtits, liens and possession
of tho Stutu.
In addition to those other obstacles of a
grave eburucti r which opposed my efforts
to effect a sale, the State of Georgia as
serted a lien over that portion of tho road
recognized by tho Bankrupt Court a
within tii r limits, and had seized it.
had neither thu light nor the power t
foro.b'y take possession of that poition
satisfaction ol tho claim of Georgia was
therefore, necessary to enable me to put a
purchaser in possession of tin* entire load.
To overcome ho many serious difficulties
seemed impossible, yet the deterioration
of the property, the constantly accumu
lating interest on the bonds, and the vast
injury that the country through which the
road runs was suffering from its irregular
operations, all these urgud, demanded a
disposition of it, even it that disposition
incurred some sacrifice on the part «>1 tho
State. Battles weic at length found who
agreed to form a company to purchase it
ou tho following terms :
1. To assume the payment of the en
dorsed bonds, #4,720,ii(N).
2. To pay all future accruing interest.
2. To secure by first mortgage bonds,
running twenty years, all past duo inter
est ou said endorsed bonds.
L To pay #212,000 dno to tlio assignees
iu bankruptcy.
5. To refuiul tho #100,200 paid the
said assignees by the State.
2. To pay tho further sum of s58
to aid in defraying tho expenses incurred
by tho Stale iu and about the loud.
JUDGE llRADLF.V S DECREE.
These terms wore offered, ami I agreed
to accept them, but before tho consiim
luation ol the agreement a decree was
rendered by Judgo Bradley, one of the
Justices of the Supremo Court of the
United States, Hilling as Circuit Judge,
confirming iii Mitistnuco the Bankrupt
Court proceedings iu the matter of the
Alabama A Gtiutiuiioogu Railroad Compa
ny. tiie vulidi y of thu Hale, and therein
tho legal title of the State, and iu express
languugo the liens oi the State, nml the
light to assert them, us well as to use tdl
tho summary remedies provided l*y the
endorsement laws. Thus fur tho decroo
was most excellent in its eff ect upon the
interests of tho Stato. The establishment
of her lions wus u result paramount to all
other considerations in value, and groatly
to be desired. The validity of tho Stuto’s
lien had been strenuously usKuilcd by both
thu Bankrupt Company and tlio second
mortgage bondholders. If their struggle
to destroy it hud succeeded, the Stute
would have been compelled to bear tlm
burden of endorsement—the liability to
pay principal aud interest of tbo mouey
that built the road—whilo Ihe bankrupt
enjoyed the property. The Stute was not
diiectly or iudirectly a party to tho pro-
ceedings which lod to Judge Bradley'h
decree, was not present nt its rendition,
nor in any manuer participated therein,
ye: I cannot but think that it w ill prove of
tbe greutost advantage iu settling forevi r
the vulidity of thu liens secured by the
endorsement laws. The said Judgo ap
pointed two receivers to tuko possession
of the road, uud gave them power to tuko
possession of it I rom Chattanooga to Me
ridian, but provided iu the decree thut the
Haiti receivers should surrender it to any
parties to whom the Stato of Alabama
should sell.
The appointment of Roceivors was de
signed to effect a delivery of the entire
Road aud movable property belonging to
it to the purchaser without molestation or
hindrance, which experience has proven
to havo beeu judicious and necessary.—
Tho decreo invested tlio Receivers with
power to raiso #1,200,000 by moitgage on
the Road to complete its construction und
amply equip it. Tho accompanying copy
ol die said decree is herewith transmitted.
The Receivers have taken possession
of the Ruud, lepuirod aud put it iu ope
ration throughout its entire length. Tho
purchasers, iu accordance with agreement,
paid to my agout, Col. Gindrat. seventy-
five thousand dollars, part of tho #158,.
000 to be paid in cosh to th# Stato, prom
ising to pay the the balance iu a short
time. Thin they have failed to do.
Naitber have they complied with tbe
other stipulations of the contract. No
conveyauco bus been made to them.
This is briefly a statement of the main
transactions of Ibis Department connect
ed with the Alabama and Chattanooga
Railroad. To have given a minute histo
ry of this matter would have extended
tbia communication for b#yond justifiable
limit#.
LEGAL EXPENSES.
In my labors and efforts to protect tho
Stato and her intercuts in this Railroad,
tho nssistanen of thu most eminent counsel
was needed and employed, to whose abili
ty nnd devotion I am eminently indebted
tor my triumph over my multiplied and
in many instances most unscrupulous
adversaries. 1 b id to contend against
litigation in the courts of Tennessee,
Goorgiu nml Missiisippi, as well ns
Alabama, in any one of which defo.t
would have been disastrous to tbe State.
In TunnuHKflo, G*il. John Baxter, in Geor
gia, Nishi't and Jackson, and the late Hon.
Win. Dongbi'ity: aud in Alabama, Buttu.i
and Dawson, Mono »V Clopton, and Watt»
»V T roy, were the attorneys employed, ai d
their compensation will bo presented l*«r
your action nnd allowance, i recommend
a special committee for tho ascertainment
of their fees us well as to inquire into in
debtedness duo to certain employees
which tho income of tho Rond was insuf
ficient to meet dining tho time it was op
erated under the authority of (lie State.
The reports of (Nil. Gimlrat and ('ol. Har
ding, who superintended it■; management,
at the time, will guide th** action of tlm
committee.
Whatever hns been done in eotim clioti
with this Alabama A CluUtuuoogn Rail
road by tho present Executive, it lms
always been prompted by a deep, « arinst
desire to vindicate and protect tlio rights
and interests of tho State, and I leave it.
with tho reduction that at alt limes and
under nil opposing circumstances 1 havo
inllcxibly, anxiously and vigilantly pur
sued that object alone tho protcctmu <•(
the interests of Alabama.
Gentlemen, in conclusion, permit mo
to express tho hope that your legi lativo
labors will bn pro-eeuted with harmony,
wisdom and patriotism, under tin* benefi
cent guidance and inlluoiicc of Divino
Brovidonco.
ROUT R. LINDSAY.
Ilip).n-l nil urn/.ii.
From tin- Hulliin.u•• Niin.j
Mt**r«. Jiditmn ; I la\ ing seen several
communications iu tlx* papers, both pro
fessional uud popular, iu i. invitee to tin*
etiology, pathology und theriqn utns of
tho epidemically prevailing equine *li.
t« nqu r, ami I*, i! g worried and cloyed by
the flippant uv of tbo word epizootic,
Lsed to nominate the di'-i'i ''*, I thought I
I jud
t th<
inunt in behalf
stricken horse race
may shield it t-> hoi
i diii and iguoranci
ill tho fir'd place
epu
iHeiul, inti)hj
l l.'.p.M.n wlimriii
.tillideally, the di
■ luaiiul) ‘ |>r.>t<i-rl.\
An epizootic ilis.
mulciil.'c or Kiiiail animals must bo present
upon the animal sufi'ering. Ihe n.senri,
scabies or itch disease is a truo epizootic.
Animal.* indicted with lico aro sufferin':
with an epizootic disease. An cntozocnc
disease is one v,herein the blood and tis
sues of an animal must bo attacki il or iu
foaled by aiiimnlouln' or their ova. Tl <
worms found in all animals, whet her in
tho blood or substance of their tissues,
or the various cavities of their bodie.i,
uro characterized as an entozooic disease.
ras provaiung sumo
of the country, wa r
malady. Hi short,
ns upon an annual,
ill animals, paruHitfi
s*u an animal , unto.
Tho trichina*, (tint i
years ago in the hogs
strictly an entozooic
epizootic simply in a
disease caused by sm
preying externally uj
ionic within an annual, discuses caused
by animal parasites within tho tissues or
cavities of uu animal. So much for Him
nomenclature of tho disease, a term to
tally inapplicable to the prevailing hoi.so
trouble.
Tlm disease in question i*. simply an
epidemic, equine catarrh or inlbien. a . it
is coiitagio-int'cctionH, capable of being
c iniunuiicuted both by contact with tho
animal or Him muco purulent secretion-*,
und by tlio atmosphere, and has its origin
in some occult constitutional or chemical
condition ot the air. Home contending that
it is due to an ai/zonoous, others to nu liv-
(•erazoncoiiN condition «.f tlio atmosphere.
The matter between chemists has not yet
boon decided. Whatever this constitu
tional or chemical condition is, it produ
ces disease iu both mat and lower ani
mals. T he mucous membrane-, pnrtien-
laily the nasal iroiitul utul oe uilur, become
irritated, iullaincd, ami pour forth a mti-
eo-puriilcut discharge, ami iu many cases
the glandular and lymphatic ganglionic
systems are involved.
The atiuiial when about to succumb lo
tho infitionco of the morbid agout is chill
ed, succeeded by fever, debility, and rap
id und great uMheniu or loss of vital
torco, and it is at this early period that lie
should bo instantly and totally relieved
from all and every kind of labor or phys.i
cal exertion. Absolute rest is tho first
remedy as regards time and importance ;
it is of vital importance. Tho animal
»liould bo mudo to lie down in a stall of
dry*, warm straw, covered with a thick
warm blanket, nnd protected from cold
< in rents of air. If standing ho should be
supported by rollers or slings, so as to re
lieve him of all exertion or fatigue.
Having secured for him perfect inac
tion and rest, the next most important,
tiling to bear iu mind, is to be impressed
with tho vitally-exhausting effect of tlm
malady. Discard all exhausting remedies,
as blood-letting, purgatives and tarirr
emetic, und give him several times a day,
every six or eight hums, a quart of strong
hot apple-toddy, with two ounces id
sweet spirits of nitre, or a drachm of
powdered saltpeter dissolved iu his apple
toddy. Horses are fond of tho taste of
apples, nnd will relish the toddy, or ut
lion of the toddy, give from one quart to
u hulf-guihm of strong hot milk punch,
with mush or warm mash, lie may also
bo given hot flaxseed tea with tho nitre
or saltpeter, and should ho Im seriously
prostrated, give him abundantly of mm.
lou broth and beef tea, thickened with
gruel, mash nml vegetables. Each time,
before feeding, wash his mouth ami nasal
cavities out with tepid walor containing
bromo-chlnrarmn, and keep the atmos
phere of his apartment deodorized and
disinfected by tho liberal use of tbe salmi
antiseptic. John T. Kino,
Wuvorly, Baltimore county. M. 1>.
Heavy Loss—Tobacco Factory Di -
STitOYED.—Tho alarm of fire was Hounded
about 2 o’clock yesterday morning. Upon
repairing to tlio spot indicated by* tho
blaze, it was found to bo the tobacco fac
tory of Simon'.on, Jones A Hatcher, loca
ted at No. 211 Beiichtreo struct. The fac
tory, with a largo amount of stock, whs
destroyed. Tho factory was insured for
#10,000, wo learn, and the estimated loss
of tho firm above insurance is between
$20,000 aud #25,000.
T he origin of tho fire is supposed to bo
accidental. A negro man was sent in 1<»
kindle a tiro, but 1m came out ami re.
ported tho house on fire. Tho ougiues
wora promptly out.
Lato yesterday owning the alarm of
fire was sounded again. This was caused
by a tiro originating in tlm roof of Mr. I.
Gutbiuun’s kitchen on Forsyth street.
Origin accidental. Tho tiro was extiu-
gui liud before the arrivul of the unglues,
although tho latter woro promptly ou tho
spot.
Wo hear that tlm fine deg that be
longed to Tallulah Fire Company, nnd al
ways “ran with thu machine," was mu
over by the steamer when goiug ouc to
this fire aud killed.
Tho name of tho dog was “Lizzie,” and
8ho was a general favorito.
( Atlanta Conet.. 2Gth.
New York, Nov. LU—The Supremo
Court orders Horace Clark to give tost &
rnony before referees regarding tho Erie
Company aud Jay Gould.
VaudeYbilt in a car l denies having any
oonaection with Gould in th# Noithw##^
#ra comer.