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THE DA IT A 7 SUN Wednesday Morning September 13. The Constitution. We regret to see that our remarks on Monday morning have thrown our neigh bor somewhat off its accustomed enuanim. “wise men” of whom you speak, like yourself, only accept tha situation. Is not militafy despotism one of the legiti mate results of the war of coercion?— Hove yon not aequiesce&in thelegitimate results of the war? Have yog not in dorsed the “New Departure” and accept ed the situation? What right then, have you to complain of the enforcement of martial law in the reconstructed States of the South, when it is necessary, in order Oysters have appeared in the Savan nah market^ a^d Estiil jBaya he cannot that 1 shell.” }' onght not to TWO BUROLABS ARRESTEp. Recovery *f Stohn^foodl. •. ===&== ity. It seems disinclined to any discussion of the issue made, upon its merits, hut is j to secure the re-election of Grant and the : ^awpued rather disposed to indulge in a few words that are somewhat hard in their nature, persuade sleep “on a On Satur&y night, a flat belonging to t Wemen ti 0 ned yesterday noming that W. It. Pritchard, Esq., loaded with oak 1 , w p_v OT1 nri wood was sunk when off Venus’ Point, Ike clothing 6 * ’. , during the heavy storm which prevailed j Whitehall Street, had been burglarized at the time. Two of the hands on the I night before, and a considerable flat, John Taylor, colored, and the other 1 white maD, name unknown, were a poition of the stringers had been deliv ered and jaaid for: Held, That a witness who knew of the existence of the contract only from hearsay, might testify, that the stringers were delivered and paid for under the con tract, since this is no more than to say that they acted on what they claimed or supposed to be a contract. The evidence does not go to show that there uns i^con- nnder fi. fa. against N. F. Walker ,i fendant, praying for an injunction to r strain them from prosecuting tlieir re pective claims to a homestead on the p, i so purchased. The bill alleges that hT defendants are fraudulently combiui together to obtain homesteads odthewf for the benefit of N. F. Walker - the defendants, the other defendant 0 find to give Mr. Stephens some voluntary .advice, and such like—all of which, we respectfully suggest; was unnecessary— though it may not have seemed so to the editor when rating what lie did. We did not, in our remarks, indulge in surplus adjectives, and shall not now, and do not intend hereafter, to use any epi thets or unseemly terms. The Constitution qiioteS only the final paragraph of our article, in which we expressed surprise at its using cer tain language, and comments - some what sharply on • that—giving its readers no idea of the tenor of our remarks, or what doctrines or teachings of that journal we were contro verting—utterly ignoring the principles involved in the issue. If we understand that journal correctly, it is on the “New Departure” line, and desires the Democratic Party to incorpo rate that fatal heresy into its creed. We undertook, by what we believe to be fair, courteous argument, to show that sneha course would inevitably doom ns to de feat and secure the ruin of the party for ever. Why did not our neighbor meet these arguments ? Why manifest some temper, and not even give its readers the least idea of what our arguments or views were ? Why turn from the prin ciples involved, and try to shelter itself by raising issues rather personal than otherwise, and wind up by rejoicing that .Mr. Stephens’ initials were not attached to tho article, and by gratuitously advis ing him to “train his subordinates ?” Wonder if tho editor thought there was much argument in all that? Did he be lieve he was demolishing the facts we presented? Wonder what were his re flections, when, simultaneously with the appearance of his editorial, The Son contained an article with Mr. Stephens’ rinctials attached, in his own peculiar .-style, conclusively demonstrating the correctness of the arguments and posi tions assumed in the editorial which sc i much disgusted and irritated our neigh bor ? We repeat: This New Departure is not ' Democracy. It is intended to defeat and .kill the party, which its adoption will 'Certainly do. Neighbor, quote the World’s article about the California election. Have you seen it? Mr. Marble whines over tho defeat of his pet Departure, and says ibe election there cannot be fairly “con sidered a test of party strength,” be cause, forsooth, the Radicals had a com pulsory educational plank in their plat form—the very thing to make it objec- 1 ionablo on a local issue, if it be such as Mr. Marble represents it to be. We advise the Constitution to copy that -article from the World. perpetuation of Radical power, nmtL Q t . , _ r the most important of the “legitimate r «^t to learn that our friend Mr. results of the war. ” Bernard Mallon, who has been so long People who surrender the Constitution ,vffectn eU identified with the ed- rnnst expect the sword. The CQpfifes [ neational interests of Savimnahyhas sent mnst be governed by one or the other. From the Madison (Ga.) Appeal, 0 Sept. ,1871. The Fraudulent Amendments* Our Position. The arguments of the Hon. A. H. Stephens and many other able and true Democrats, against the validity of the Fourteenth and Fifteenth amendments, are so clear and powerful, indeed, tlieir fraudulent character is so patent, that it seems to us impossible that any honest mind can resist the conclusion, that tliey are the base born issue of usurpation and violent party spirit, or the worse form of fanaticism, or that they are the delibe rately arranged stepping stones to con solidation and monarchy. Yet the Republican party has the un blushing hardihood to proclaim this bas tard spawn, the legitimate results of a war waged for the ostensible purpose of preserving the Constitution, and there is danger that tbe Democracy, long the faithful and zealous champion of the true faith, which is liberty, and which, like a pure maiden, shrinks from the contaminating touch of things unclean, will acknowledge that they were con ceived and brought forth in the proper manner and form, and are worthy to be associated with the noble results of the pure patriotism and tried wisdom that characterized the better days of American politics. This is what is called the New Departure, and in our judgment, but two greater calamities are impending over the country: one the triumph of Radicalism, and the other the disorganization of the Democratic party, and but few greater evils can befall any people than these three. in his resignation as Principal of the Girls’ High School of this city, for the purpose of accepting the position of Su perintendent of the Public Schools of Atlanta. This news will be received with sincere regret by those with whom Mr. Mallcn lias for so many years been asso ciated both professionally and socially; ind his removal to Atlanta will be a very serious loss to the city. To none more than to Mr. Mallon is the present effect iveness and symmetry of our Public School system "to be .attributed. He is a thorough scholar and a clear thinker, and combines, in a very rare degree, those [For the Atlanta Sun.] RAILROAD ACCIDENTS. Tlie Responsibilities neers. of Engi- Thc Sword Unslieatlied. Rome, Ga., Sept. 9, 1871, Editors Sun—I have long been pained with the frequency of newspaper para graphs attributing to engineers the re sponsibility for the many railroad disas ters that are occurring in various parts of the country. Nine times out of ten the blame is laid upon the engineer, and, if reports are to be believed, they are the most careless and reckless set of men that ever held responsible positions. At tbe same time the conductor is held up as a model of attention and devotion to the safety of his passengers, or for some act of bravery or kindness. I make no quarrel with conductors, for theirs is a responsible position; hnt my aim is to say a word in favor of tho much abused engineer. I have served in both capacities and allow me to say that the greater respon sibility of the two rests upon tho engi Does the sleepy passenger ever A late issue of the Washington Patriot, a “ New Departure” organ, has the fol lowing, alluding to the heretofore an nounced determination of Gen. Grant to declare martial law, and suspend the writ of habeas corpus in a portion of South Carolina: At last tho piece of dread artillery; which the engineers of mischief and mis rule loaded months ago, is to he fired, and its sullen boom will be sadly or care lessly listened to throughout the land.— Martial law—the will of the soldier as the rule of action—is to be proclaimed. Xt strikes ns with positive awe, not re lieved by tbe indifference, amounting to stolidity, with which, in Rtrtain quarters, the intelligence is received. That the broken-spirited white men of the South, with their memory overcharged with sor row, after what this administration did at New Orleans and elsewhere, and what its special adherents wish done everywhere, •should be apathetic, is intelligible enough. Their agony is none the worse for being sharpened. That even the quiet, reasonable negro, with his limited education and confused perceptions, should regard it with indif ference, is equally natural. Ignorant of the old order of things, he is careless of the new. The sword and the bayonet he has been taught to think were the instruments of his deliverance, and he is quite as willing to have his rights measured by them as by what old Coke so grandly calls “the golden mete wand of society”—judicially expounded law. A master’s rule is natural to him. _ But that which does pass comprehen sion, is the passive acquiescence of masses qf men who know what civil, as distin guished from military, law is; who have Saxon or Celtic blood in their veins; who know the story and traditions of this and the mother-land; who have read the De duction of Independence or the Con stitution. This it is which gives the thoughtful man pause. This makes one doubt the genuineness of the Republican sentiment of the country. We do not now speak of the Democracy of the land, which is as one man on this head. As little are those referred to whose patriotism is measured by their pay, and who to-morrow would throw up the hats worn out by obsequious bowing, if a crown were placed upon a Dictator’s brow. But there arc many wise men who are cot Democrats, many good men not in office, and they are not yet alarmed.— Will the actual flash and boom of the gun arouse them, is a question not easily an swered. Whereupon the Savannah Weirs of the 8th instant pertinently remarks: Tut, tut, man. the think as he dashes through hills and oyer valleys, across bridges, and aroun d ciu-ves, that his safety is in the keeping of the sturdy man who stands “at the front” with his hand at the throttle, watching for “dangers ahead,” and ready, at any time, to peril his own life, but not the lives of those in hi3 care. The conductor may gossip with the passengers, or drouze away a sleepy mo wile away the te- ment, or in other ways dium of a long fun; but the "engineer must be all the time on tlie alert, all the time wide-awake, all the time with his eye strained in the . distance to see that the track is all clear. It would be criminal him to close his eyes for an instant, crim inal to relax for a moment his energies, no matter how weary he may be, or how sick even. He must stand at his post, braving dangers in order to avoid them, with his hand in reach of the throttle, his eye upon the track before him and his mind upon the precious burden of human freight that is consigned to his care. Seeing, then, that so great a responsi bility rests upon “the man at the helm, it may not be unreasonable that blame for accidents should light upon him first, but would it not be more humanly and more christianly to prove his remissness before so crushing and killing a charge is laid at his door. The engineer has hu man feelings and sympathies as others have; and it is hard upon him to know that others blame him, unheard, when he knows that he did his whole duty, and that a proper inquiry into the circumstan ces will hold him blameless. The engineer is not appreciated as he should be. He is the man who is oblig ed to be at his post under all circumstan ces, to face the peril and avoid it. And if accidents should come, it is just that he should have an opportunity to justify himself before he is completely condemn ed. X Ratt.rq.vd Man. »-•-< GEORGIA NEWS. qualities of patience and perseverance which are so often lacking in the instruc tors of the present day. He alsz ; ses administrative ability of a high order, and we predict that under his superin tendence the Public Schools of Atlanta will be the most successful institutions of the kind in the country. Mr. Mallon will return to this city on the 1st of Oc tober and remain until tbe loth of No vember, at which time he will assume duties of his new position. Tbe great tidal wave, said to have been predicted by Agassiz, and which is to oc cur on the night of the 5th, or the morn ing of the 6th of October, should cause our people to begin to search out all the high places. It is said that it will be fifty feet or more in height, and will come with no measured tread, hut on telegraph time, greased with a little “oil of rapidity.” Those wishing skyward perches had best be iu a hurry, as all the top places that are “:o let” are being fast engaged. The “right of way” to tele graph posts are brii ging a large premi um, while house tops command any price] asked for them. What a “siz” there will be as that wav passes over Harris’ head. BRUNSWICK. The Appeal of the 9th* has the follow ing item: Lee Burroughs, aged about thirty years, formerly an engineer on the Macon Western Railroad, died in this city o: Sunday evening last, of a congestive chilL He leaves a wife and several chil dren at Atlanta, Ga. GRIFFIN. The Middle Georgian, of yesterday, en tertains its readers with the following : We are informed that one Rev. Mr Waters is preaching social equality to th negroes of Spalding county, at a colore church, near Me Can tz’s, called Hosanna.' Church. He, it is said, sleeps in th houses of the colored people, eats wii ‘ them, and is hauled to anid from Churc' by the negro women. He is taking u collections and no doubt makes it pay. It is said that he is doing great harm that section, and the colored people, u: der his teaching, are beginning to lag b hind in their work, and are becoming e: ceedingly aristocratic. Row on, Annie. You know, Aim ; e, Charming little Annie: Healthy little, saucy little,-jolly little Annie! She will row you, any day, Up the river, far away. Winning easy, I should say— Clever little Annie. Take heed, Annie, Darling little.Annie, Careless little, thoughtless little, fearless little Anni Woeds enlace the river through There he deeps and shallows, too. Perilous alike to you, Heedless little Annie. Row on, Annie, "Pretty little Annie; Winsome little, laughing littie, lovely little Annie; In a taut and trim "two-pair” I with thee would gladly share Joy and sorrow, mirth and care— I own life’s river, Annie. BOOR NOTICES. A Greek Grammar for Beginners. By Wm Henry Waddell, A. M., Professor of Ancien Languages in the University of Georgia. A Latin Grammar for Begisners. By same au thor. SAVAANNAH. The Morning Xeics of Monday, has the following item: The telegram which was received on Saturday announcing the death of Major James S. Williams, which sad event oc curred, at Staten Island, on the 7th inst., took his many friends here by surprise; as but a few weeks since he was amongst us engaged in the busy duties of every day life. The deceased was the eldest son of the late Col. W. Thomas Williams, of this city, and was in his sixtieth year at the time of his death. He was a grad uate of West Point, and served for some time in the U. S. army, but resign ed to accept a position as an engineer, in which capacity he was identified with the construction of several railroads in the "W est. At the breaking out of the late war he linked his fortunes with the . South, and served through the struggle, the “X tt j ULiutis only putting l At its close he resumed his business as a oration Ind t > nto practical op- civil engineer, and was at one time As- ’ ‘ Dt tbe loyal Republicans, those f sistant City Surveyor. With perfect confidence we comment these Grammars to tlie favorable consid-l eration of the public. They supply desideratum long felt alike by teachei and pupil. The purpose of the learner] author was to present the principles ant paradigms of the Latin and Greek lan] guagesin the smallest compass compati] bie with clearness and precision. Th( chief merit of the books consists in theii conciseness, simplicity and accuracy.—| They are designed for school bog's use. They arejnot Grammars of reference for advanced students and scholars, but for the schoolboy—to be committed, memo rized, thoroughly, from cover to cover, to be swallowed whole from the start. The Latin Grammar is formed fipon the same model as the Greek—indeed the same language, as far as possible, has been employed in both. We venture the declaration that the section upon Prdsbdy is the clearest, briefest and easiest pre sentation of that little understood and difficult subject yet made. The Greek Grammar numbers only 104 pages—the Latin less than 100 pages—and yet so intelligently and carefully has the system of condensation been applied, that no important point in either language has been omitted. The experienced teacher of the Classics, who has from time immemorial been subjected to the trou ble, the irksome drudgery of “marking out" paragraphs, and sometimes whole pages, for omission—to be “skipped” by the pupil—will find here all such work done for him. In our own State and South Carolina, the name of the distinguished Professor has been identified with the great work of Liberal Education from the beginning of the present century. The Waddells maintain the first rank as American teachers. These Grammars are the offering of the youngest of these men upon the altar whereat his ances tors, so long and so acceptably, officiated and worshipped. lU- • being entitled to a homestead under ^ the law, and that tlie complainant, notlvP „ „e c want; a creditor of the applicants for hrm,,? Held, it was error to dence. The damage the law recognizes legal in such case are the actual damagi sustained, and the expense of gettin other servants, or the injury to the for want of labor, or failure to obtai: other labor, after faithiul effort to oe them: Held, That the Court erred in refusin a new trial, having admitted evidenc which misled the jury upon the questio of damages, under the facts of this cs Judgment reversed. James T. Ellis vs. G. B. Lamar and L! R. Brewer—In Equity, Jurisdiction LOCHRANE, C. J. Where A filed his bill in equity again: B and L, in which he alleged that B, a the agent of L, sold him certain guan which was worthless, and offered for sa by these parties, and the defendants d murred to the bill on the ground that I who was the owner of the guano, reside* in a different county from where the sui was brooght, and also for want of equity] and the Court sustained tho demurrer: Held, That the Court did not commi error under the facts in the record. Equity will not obtain jurisdiction o' a party who resides in a different county, by making his agent a defendant, upon! the general allegation of fraud, for hisl interest in the commissions on the sale, as such agent. Judgment affirmed. Southwestern Railroad Company vs. Rowan <Sr McCamy—Breach of Con tract. Istead, cannot be heard in a common ^court, to object to the same. Tbe bi'j'j vas demurred to for want of equity and jecause it was multifarious. The Corr- sustained the latter ground of the de murrer and overruled the former, an ,j jotli parties excepted. We think the Dourt erred on both grounds. If tW vas equity in the bill, the charge ol a raudulent combination between the de- 'endants would not make the bill multi" briotis but would relieve from that ob- ection or demurrer therefor. McKAY, J. M here, on the trial of a suit to recover damages for breach of contract to receive and pay for a certain amount of railroad stringers, it become material to show that Although the complainant, as a pm. baser of land at a Sheriff’s sale, is not a creditor of the applicants for a' home- dead on the lands so purchased, still* he lerives his title to. the land under tlie judgment of a creditor, and may urge the same objections in the Court of Ordinary" ar in tlie Superior Court, as the creditor ■onld have done, under whose judgment ind execution he derives his title to the land. In other words, the purchase of [and, under a judgment in favor of a cred itor, at Sheriff’s sale, on which a home, stead is claimed, is as much within the reason and spi it of the act of 1868 as the creditor under whose judgment he derives his title, and may be heard and make the same objections to the granting p£ the homestead, as the creditor could have done. Judgment reversed. p. A. Baker vs. G. W. T. Bower, Sheriff —Rule vs. Sheriff—Homestead. WARNER, J. This was a rule against the Sheriff, calling on him to show cause why he should not pay plaintiff the amount due on an execution against the defendant Of be attached for contempt in failing to 'execute the processes of the Court. The Sheriff showed for cause that the defen dant, on the 4th August, 1870, filed an affidavit-under the provisions of the act of 1808, for the relief of debtors, and to adjust the same on principles of Equity. The note on which the judgment was rendered bore date prior to 1st of June 1865. The judgment on which execution issued is dated 29th September, 1869; that there was a resolution of tho General Assembly prohibiting the levy and sale of property under execution based on a, contract prior to June 1st, 1865, and that the property of the defendant has been set apart as a homestead. It ap pears that the execution 'was placed in the Sheriff’s hands on -the 16th day of May, 1S70, by plaintiff’s attorney, with written notice that the debt on which the judgment was founded was given for the purchase money of land, on which he was directed ‘and required to levy the execution; that the Sheriff levied the execution'on the land, as required by the notice on the 24th of July, 1870. The rule was moved for against him in March, 1871. On hearing the rule and Sheriff’s answer the Court discharged the same, and the plaintiff’ excepted: Held, that the Court should have made the rule absolute against the Sheriff for the amount of the value of the land which he was notified to levy on and sell, that being the extent of the injury which the plaintiff sustained bjt. .the -failure of the Sheriff _to perform his legal duty and not the amounTdue on t.lm :t <. ^ ii -— the execution,if that shall exceed the value of the land, and that the Court below erred in dis’ charging the rule against the Sheriff Judgment reversed. — y*'kitten vs. 'the Mayor and Comi- ■ C vT>v--cS >v i- n ^ ;on —-^ a ^damus. AIijHLR, j. ~!his was a mandamus, by the petition- calling on the Mayor and Council to show cause why a license should not be granted to him to retail spirituous liquors within the .limits .of Covington. Ihe city authorities showed, for cause, that the petitioner had failed to comply u nil that part of a city ordinance in re lation to the issuing of licenses, which is as follows : “He shall, before receiving such license, produce the written recom mendation of four of his nearest neigh bors, each signature to represent a sepa- rate and distinct establishment.” Upon the hearing of the mandamus, the Court leiused to make the same absolute, and dismissed it; whereupon the petitioner excepted: Held, That this was a legal and valid ordinance of the city, under the grant of po ,ver conferred by the 13 th section of the city charter, and that there * - error in refusing ffiake the ' absolute, and dismissing tlie same, Judgment affirmed. John A. Dominick vs. Branch C. Bow- £ 'kin, jailer. Power of the Governor to pardon before indictment and con viction. McKAY, J. j ' - - TVnen one was in custody of the jailer under a bench warrant from the Superior Court-, which was founded on an indict ment by the grand jury, and sued out a habeas, corpus, before the judge of the Superior Court-, and as a ground for his discharge, offered a pardon from the- Governor for any offence he may have committed against the State: Held, That it was error in the Judge to refuse to receive and consider the pardon. A pardon obtained by fraud is void, and may be attacked on that ground, whenever pleaded, and, if found fraud ulent, it may be treated as null aud in operative by the Court. Lochrane, C. J., concurring. Warner, J., dissenting. E6&=The last heard of the Courier- Journal man he was singing: The departed: the departed! They visit us again; They coma from California, And from the hills of Maine. And where the honest, cheerful smile Of Democrats have been, The “departed” have broke down the wall And now we Rads are in. ’ The New York World makes the sad announcement that “Akermau has gone to Georgia.” 8®= Dr. Greeley has written an article 01 - c September Galaxy, on the “one term principle. ” No doubt the Doctor would^ be abund nntly satisfied with “one erm.’ He has been wanting it a long ime. - - i> ,: