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®|r taedtlg dlrwtirte * Coiistilutiomilist.
OLO SEMES-IOL. ICII
DEW SERIES—VOL. U
Cf)ronuU an&
WEDNESDAY, - - JUNE 13. 1877.
Cirant weighs 185 pounds.
It is six to six in South Csrolint.
The Circassian revolt is termed a
Caucasus belli.
The Richmond Dispatch calls Key a
“ quasi Conservative.”
A Ban Francisco Baptist has given
SIOO,OOO to the chnrch.
Mrs. Stanton considers 25 the proper
marriageable age for girls.
Donn Piatt calls a green Congress
man a “ vealy Ltoubocs.”
The Sultan is said to be much
glinted at Rev. H. W. an
tagonism.
Real estate in Boston has been scaled
down 9190.000,000, and rents have fall
en 50 per cent.
I v MacMahon could oontrive to get
rid of Gambetta, there would not be
much danger ip the Left.
Rbschid Pasha, the Turkish com
mander at Varna, used to be known in
Prussia as General Stheckeb.
The South will control the Democratic
caucus at Washington, and she will not
take it all out in “old flag" either. /
Republican journals quote theColum
bui Enquirer to prove that the Booth is
“resuming her old lordly dictatorial
air."
Rev. Josiah Henson, the bogus
“Unole Tom,” was received with nearly
an much honor by the British aristocracy
as Grant.
The Sheriff of Kemper county is a
“fat one-legged man.” Perhaps he re
quires time to catch up with the Judge
and Jury.
Bomb wild Western editor calls Blaine
and Morton the “great American pole
cats.” They should be pitted against
one another.
The Philadelphia Times ominously
says “this letter writing will kill some
of these politicians yet, if they keep
fooling with it.”
According to the Constitution, Judge
Bkadlky hap fine eyes, and the rest of
bis faoe, so far as personal pulchritude
goes, is aliunde.
George Francis Train declares that
New York city is bound todecay so long
as peanuts are ten cents a quart aud a
Turkish bath SI 50.
1)r. Ayer never showed any signs of
insanity until he abandoned pills for
politics. Ho foolishly imagined that
men who took his drugs would vote his
ticket.
Dr. Mason, despite of Rev. Joseph
Cook, assures the world that Theodore
Parker “was entirely free from emo
tional datuleuce or fatty bloat of pie
tism. ”
1.1 a.t cholera destroys annually in the
Western States $20,000,000 worth of the
precious swine. How about the turnip
cure ? Has it gone to join General
Pleasonton ?
.Mr. John Dean, the father of four
children at a birth, has laid down the
axiom that a man who would not get
drunk under similar oircumstances is a
•“ baste and an infidel.”
Uf.v. Mr. Peck, in bis address at Bal
timore, on Decoration Day, alluded to
Grant as “The Iron Duke.” Why not
Brazen Juke? This would have been
true and wholly American.
The Turks are waiting for Russian
•generals’ names to be poutooned across
the Danube; aud the Rnssiaus are wait
ing for the Turkish finances to break
down, and thus dissolve Abdul Kerim's
army. ______...
Boutwell declares that the slave
tiolding dynasty has obtained control of
the fifteen old slaveholding States, the
couatitational amendments are in dan
ger, aud everything is going to the dogs
generally.
The Freeman's Journal thinks Mao-
Maßon is a booby aud jje Broglie a
humbug. The President of tha French
Republic seems to please neither the
Rea Repcblioans nor the Ultrsmoutsues. ‘j
Poor man!
Ex-Senator Boctwkll, away off in
Cape Cod, thinks the war is still going
on. His speech on Decoration Day was one
long, ghastly tirade against living and
dead Southerners. It is well. We euu
stand Boutwell’s hate; his love is poi
son.
Some of the Jim Blaine editors are
talking glibly about “ the poverty
stricken Sontb,” but they cannot pre
vent the public from knowing that j
many farms in Maine cau be bought for
iess than the coat of the buildings and
fences upon them.
Doubt is thrown upon the genuine
vreas of the newly discovered arms of
the Venus of Milo. We detected the
fraud sX once. Instead of being twenty
feet away from the place where Vends
was disinterred, they should not have
been within a mile o’ it.
Hcber, a French artist, had a hobby
•boat Voltaire. He could cut his like
ness out of paper with a pair of scissors,
mould it ont of a piece of bread, and at
last succeeded in forming the great man’s
visage by presenting a biscuit to a dog
to be bitten, in four different ways.
D’ArDiFFMT Pasocier wanted to
be a member of the French Academy,
bat has, like Bohapabtk hi Russia, been
stopped by the elements, Be spells
‘•Academy” with two c’s, and, aeJipg
to Dcmas, lores letters ao mnch that b*
puts two where one would do.
Seventeen years ago, Grant was hard
ap for a drink of mean whisky, and used
oeaae'ionally to interview the gutter.—
Now bt> is scrambled for by Dukes and
Prinmmf *. as an “ex-sovereign,” who
lought against his own countrymen and
improved apon the absolutism of the
•Czar.
Ose paper describes Wabsioth as a
“ Louisiana stock-broker,” and another
ftietwes him “ as of a retiring natare
that does not court notoriety.” He is a
smart and reckless political adventurer,
and courts notoriety of the utmost emi
nence as if the salvation of his soul de
pended upon it.
The Indianapolis Sentinel thinks
Hnn Watteksox, in his Deeoration
Day oration “ exceeded J. N., the phil
osopher, whose theory is that both aides
were right and both were wrong. Wat
tkbson lifts the veil and shows both
were right.” Why in the world cannot
the North and South get along without
so mnoh poppycock and twaddle ? The
war is over, the Union is restored, the
■•• results” are well known, the goose
bangs high and Ben Botlxb has been
discomfited. Let ns have more bnai
mess and leas “ music by the band.”
THE l/MTKD NT 4TEN .11 AKNHAI.NHIP.
The Atlanta Constitution republishes
some of the articles on the subject of
the United States Marahalsbip that have
recently appeared in the Chronicle and
Constitutionalist with the assertion
that, to the Constitution’s “ certain
knowledge,” they reflect with severity
and great injusi ice upon Messrs. Hill
and Gordon. The Constitution goes on
to say ;
The facte, ae we learn them from the high
er authority, are ae follows : General Gor
don advocated Colonel Alston's appointment
when only Colonel Alston, Majvf Smyth and”
Fgstcb Bloloett were candidates. Senator
Hill had endorsed eeversl Democrats for this
pi ice. and when each claiffled that General
Gobdon's endorsement would secure the place
for him, .General Gordon at once endorsed
eaehoVThemfclsg. Ho that there are now be
'fb/mthe President * qumber of Democratic
Candidates with the etrdhgest endorsements
from our two Senators. Colonel Alston’s
name was long since withdrawn, and he is not
now an applicant for Marshal. Both of our
Senators are urging and have been urging for
some weeks the appointment of a Democrat—
no particular man, but a number for the Presi
dent to select from. These are alike opposed
to the re-appointment of Major Smyth, and are
laboring with great earnestness to secure the
appointment of a man that will be acceptable
to the people. We respectfully suggest that
our Augusta contemporary, aud all other pa
pers that hare taken a like course—uninten
tionally, no doubt —have done these gentlemen
injustice. Our Senators have no right to de
mand the appointment of any particular man
for this place; but one thing can be relied on ;
ail that they can do will be done to have a sat
isfactory appointment.
We fail to discover wherein we have
“ reflected,” either severely or unfair
ly upon Messrs. Hill and Gordon. We
have asked some questions about the
United States Marshalship that a great
many people are asking, but in bo doing
we simply sought for truth. We have
not reflected because we have not bad
the facts upon whioh to base a judg
ment. We have seen it stated—without
the statement being denied—that almost
immediately after his inauguration
President Bayes offered to appoint some
acceptable citizen to the position of
United States Marshal for Georgia, pro
vided the two Senators from this State
would agree upon a man for the office.
As an acceptable citizen was not ap
pointed, and as the incumbent, under
whose administration the poor people
of North Georgia—women as well as
men—have been outraged, blackmailed
and oppressed, is still in office, we
naturally inquired if Senators Hill and
Gordon had failed to agree upon a
suitable man for the position, and, if
they had, which one of them was respon
sible for such failure. When a Georgia
paper—the Covington Afar— stated posi
tively that “General Gordon named a
number of good men and Hill refused
to assent,” a serious charge was made
against the junior Senator from this
State—ono which, if trne, would expose
him to the just indignation of the peo
ple whose interests he was bound to pro
tect. Commenting upon this assertion
we asked for the authority upon which
it was made, and stated that a story the
reverse of this had been put in circula
tion. This, we believe, is the head and
front of our offending—this the extent
to which we have sinned against the
Senators from Georgia. We believed
that the public had a right to know why
the most important Foderal offloe in the
State had been left in the hands of a
man whose deputies have so cruelly
wronged the people of Northern Georgia,
when the statement had been made,
without eontradiotion, that the President
had consented to beßtow it in aooord
auce with the wishes of Messrs. Hill
and Gordon. Was there any “severity”
or “injustice” in such belief ? We fail
to find either the one thing or the other.
The Constitution says it gives the
“facts” of the oase as it learns them
from the “highest authority." Are we
to assu&e that this highest authority is
the joint statement of Senators Hill and
Gordon ? or is it the statement of Sen
ator Hill, oris it the statement of Gen
eral Gordon ? Whether it be the one er
the other, we desire to ask the Constitu
tion a few questions whioh, as it has ac
cess to the highest authority, we re
spectfully ask it will answer by that
authority. Did the President agree to
appoint any good man upon whom the
two Senators would unite? Did the
two Senators Unite upon any one man ;
and if they did so unite when did they do
it and on whom ? How “long siuoe” did
Col. Alston c*ae fa he an applicant for
the position ? Did not the president agree
to appoint him if both Senator*
endorse his application ? If “our Sena
tors” think they have no right to ask
the appointment of any particular man
to this plane, h-QW did the report origi
nate—a report that has fi/ijer been de
nied—that one of “oar Senators.’ <fid
ask for the appointment of a “particular
man ?” According to its own statement,
the Constitution has free access to the
“highest authority.” We beseech the
highest authority to vouchsafe some in
formation with regard fa these things.
A NEW VIEW OF MOBTON’3 LETTER.
The New Orleans Republican, if one
of the unscrupulous, is, at the same
time, one of the ablest papers published
in the South. For maay gjoomy years
it fattened upon Federal a# 4 Rtstp
spoils, and, by thia lavish ocuumand of
ready money, contrived to eogage upon
its oolumns some of the best talent in
Louisiana as well as from the North.
Siuae P*£Kard’s downfall, the Repub
lican has abyqnk iu size, but not alto
gether in literary vigor. In a recent
issue, Mr. Mobto.v’s letter is disposed,
and the conclusion reached that “a solid
Sooth will compel a solid North, and
that the men of each seotion will, as in
the last war, be compelled to rally to
the section bo jybich they belong.”
Having broadly stated that proposi
lion, and deduced from it uotbing less
than another civil war, the Republican
sees but oue forlorn chanoe to prevent it,
and that is “for the Bepabiie&n Admin
istration to offer the country the great
measures of development and progress
which the people of the b'onth and West
aa earnestly demand. Possibly the con
servative sentiment of the South may
consent to co-operate *jth the Republi
cans in securing the passage of such
measures.” The same paper adds: “The
Southern Democracy ia, on principle, ;
opposed to those measures. They could !
not have succeeded under the Adminis- j
tration of Mr. Tildkn. Possibly with !
an unobjectionable organization of the i
Republican party at the South, the pub-1
lie necessity for these works may recon
cile them to the co-operation suggested.
If we be mistaken in this hope, there
will remain nothing except the sectional
division aud conflict outlined by Sena
tor Mobtov, and tkis must be succeeded
by the unconditional ami military sub
jugation and occupation ol the 04s auc
tion by the other.”
From these outpourings, it seems that
Senator Morton, instead of approving
the President’s Southern poliey of peace
and local self-government, really desires
to re-open the floodgates of sectional
hate, and educate another generation to
make war upon the South. And
in order to stare of another
war, the South most be develop
ed liberally from the public parse, as
an inducement to join the Radical or
ganization, and thereby perpetuate’
papers like the Republican and states
men like Morton.
No donbt the rabid and defeated
ultra-Radieals would gladly welcome
another war between the States; but
they will not be gratified, in this cen
tury at lefcst. Nor can the South be
bribed or frightened into a relaxation of
her tremendous and lawful solidarity.
She is solid for peace, for Union, for
the common weal, for her jnat rights,
and against Radicalism whenever it wars
against the Constitution and local self
government. The solid South may be
repugnant to men and papers of a cer
tain class, liko the baffled Senator from
TTOiana and the impecunious New Or
leans journal; but to no one else. An
tagonism to them and tftmr “principle” is
fidelity to the Union to the
Constitution. To snch a solid Sonth
enough freemen in the North will al
ways rally; for the cause of such a Sonth
is the canse of patriots everywhere.
THE REASON WHY’.
We have discontinued our paper to a
number of subscribers in the city and
country because onr friends have failed
to pay for it. Having to pay cash for
labor and material, and everything ne
cessary to the conduct of our business,
We cannot afford to furnish our paper on
credit and wait until it suits the conve
nience of subscribers to pay for it.
THE CONVENTION TICKET.
The following is the ticket to be vot
ed next Tuesday by the people of Rich
mond, Jefferson and Glascock counties :
“ Convention.”
For delegates from the Eighteenth
Senatorial District :
Charles J. Jenkins.
Robert H. May.
Geohoe R. Sibley.
Adam Johnston.
James G. Cain.
D. G. Phillips.
W. G. Braddy.
MORE REPUDIATION.
A correspondent of the News says
that “Griffin is endeavoring to compro
mise with its creditors. The debt is
over one hundred thousand dollars, for
ty thousand of which matures this year.”
Repudiation, like small-pox, is conta
gions. In Georgia, it was Rome
first; Savannah second. Now comes
Griffin. Here, as elsewhere, repudia
tion takes the guise of “compromise.”—
It would be well, however, for both Sa
vannah aud Griffin to remember that it
is not an easy matter for cities to re
pudiate indebtedness where credit
ors have the desire to tight for their
rights. A municipal corporation oan
only get rid of its obligations in the
same way that a private individual can—
except that it cannot go into bankrupt
cy—and a creditor ca-.i go into the Courts
and make his money without any com
promise. We should like to see an exam
ple made of someone of these repudi
ating municipalities.
YO'.R BULL AND MY OX.
We see it stated very definitely that
in 1867, when Congress was entering
upon the work of reconstructing the
Confederate States in opposition to the
polioy of President Johnson, it passed
a law taking from the Executive Depart
ment the control of the government ad
vertising in the South and vesting it in
the hands of the Clerk of the House of
Representatives, and fixing quite liberal
rates for the same. Of course, this was
intended, and used, to build up news
papers in the Sonth to run the Radical
machine. These papers, warring against
the white people of the South, lived for
years upon this pap. They have, since
the failure of Reconstruction and rise
of the Democracy to power, nearly all
died out. For two years, the Clerk of
the House has been a Democrat, but we
have yet to bear of apy of this patron
age finding its way with any extraordi
nary munificence to the faithful Demo
cratic press of the South. It may be
that the Clerk has done all he could do
in the premises. It is worth knowing,
however, because there appears to be a
disposition upon the part of some Demo
crats, especially those beyond our bor
der, to give us an unlimited supply of
‘■‘old /Jag,” so long as the “appropria
tions’' remained of Mason and
Dixon’s line.
THE RUSSO-TURKISH WAR.
A cable dispatch states that already
the warm weather has commenced to
Qfnee sioknese among the immense force
of L.yOpa lvinff inactive on the
northern bank of tbe Lowtr jy&n,ul,o. If
this be the case the Czar’s troops run i
the risk of decimation without a gun
being fired by the Turks, unless the wa
ters of thp great river subside much
sooner t%n i*i Whjjp the
Southern (or Turkish/ bank of tffie J)aa- j
übe is high and precipitous tfie Northern;
(or Russian) bank is low and fiat. Im
mense plains stretch far back from the
left side of the stream, and these, it has
beep eptjy said, “have often been more
fatal to thjv fduscoyup pgjons than the
Dimeters of the spahis or tfie gullets qf
the Janio*rje§. ” In p fie late Spring and ‘
early Summer months these pfaips arej
carpeted with grass, but the hot weather
soon completely destroys vegetation.
4# Ph 6 drought continues rents afid fis
sures appear iff Ph? ground and clouds
of papgept.duat arfaq, ytiieb SfP Paid to
•bo murderous to both ipep and snimals.
These causes combine to produce fevers
and contagions diseases, and the strange
soldiery die like sheep with the rot.
The previous experience of the Russian
invading armies has shown that the
Danube must be crossed before the
beat of the sun destroys tpe herbage of
the Wallsobian plains, else pestilence,
like an angel of destruction, will thin
the ranks of the invaders. Reports
state that the river cannot be crossed be
fore the first of July. If this statement,
and the dispatch that the warm weather
is already producing sickness, be true,
it will require all the immense reserve
forces of the Russian Empire to keep the
army of the Danube up to its present
standard.
It is stated that the Russians do not pro
pose to cross the Danube bnt expect to
compel Turkey to sue for terms by rea
son of the success of their arms in
Asia Minor. This seems scarcely prob
able or possible. Even should the for
} tune of war favor the Russian armies
i operating on the eastern side of the
i Black Sea they could not hope to reach
; Constantinople or to obtain such a posi-
tion as to force the Porte to terms. If
Turkey is defeated and humiliated—
and defeated and humiliated she must
be—defeat and humiliation must come
from the direction of the Danube, Un
til the Russian eagles cross the Danube,
flank or force the passes of the Balkan
mountains, as Diebitsch did in 1828, and
resell Adrianople—the heart of the Otto
man Empire —Turkey will not ask for
terms unless the followers of the Prophet
become panic striokea and yield without
a blow.
When Public Printer Clapp retired,
his old employes bade him a “ warm
farewell." When Public Printer Db
ybees entered upon his duties he was
“warmly welcomed by the employes.
The New Fork £?? thinks a million of
dollars at least .could b.e sayed every
year if Congress would abolish this
whole concern, and pat the work np to
fair competition.
AUGUSTA, GA„ WEDNESDAY MORNING, JUNE 13, 1877.
LETTER FROM JUDGE JACKSON.
la Which ne .shown That Uoveraor Smith
aa* Misinformed as to Certain Things—
Hlo Version of the Advice Given Governor
Colquitt.
Atlanta, May 30, 18i7.
Editors Atlanta Constitution:
I read this morning on a aiok bed a
letter in yonr paper from Gov. Smith to
Gov. Colqnitt, animadverting npon the
latter’s course as Executive of the State
in paying fees to Messrs. Garlington and
Alston, in which letter the following
statement appears:
First. “Before you made your decis
ion you were urged by friends, one of
whom occupies a high judicial position
in the State, to call npon me to furnish
my evidence.”
Again, “I have been informed that
you were even counseled by a friend in
high judicial position to submit the
whole case to the Judges of the Supreme
Court lor their opinion.”
I understand that these allusions have
reference to me, and whilst I deprecate
all newspaper notoriety, yet as an act of
simple justice to the Chief Magistrate of
the State, I wish to set Governor Smith
and all of the readers of his article right
so far as allusion is made to me in the
above statements. I gave no advice at
all to Governor Colquitt in respect to
the submission of this matter to the Su
preme Court. The Governor asked me
for none, and I volunteered none. In
commenting upon his action with gen
tlemen whom I regarded as his friends,
I may have expressed the wish that he
had referred the whole matter to the
Legislature or to the Courts ; or I may
p:ssibly have said that if be had asked
my advice I should have so advised him;
aud in this way, perhaps, the rumor got
ont that I had actually so advised him.
Governor Smith’s informant doubtless
misunderstood me; and this misunder
standing furnibes but one more to tbe
many proofs of the uncertainty of all
hearsay testimony.
Like the snowball, it gathers as it
rolls, and he who first set it going
would hardly recognize in the huge pile
the little ball whieh he had started.
My colleagues ou the bench, I am
sure, would not have thanked me if I
had volunteered suoh advice, and I am
equally sure that I have now quite
enough work to do on the beach with
out begging for more.
Id respect to the other matter of ad
vising Governor Colquitt to get Gover
nor Smith’s testimony, I give you my
reoollection of all that occurred :
On tne day the Governor ordered the
money paid, I chanced to be in his of
fice. Whether, at the moment of our
conversation, he had already passed the
order, or was then about to do so, I do
not know. He had certainly determined
ou his course, for he told me duriDg the
conversation. Nor do I remember whether
he or I started the conversation ou that
subject, but it arose iu some way, and I
distinctly remember stating to him that
I felt anxious that he should make no
mistake about so important a matter, as
his personal and political enemies would
gladly seize auy pretext to question his
motives and criticise bis conduct, and l
asked him, “Are you sure that you are
well grounded in what you are doing.
Have you the evidence before you,
and are you satisfied about the
contract?” He then replied that
he had Garlington’s and Alston’s
affidavits and Baugh’s letter, all of which
set out the contrtict distinctly, besides
written evidence in tbe office. I then
said : “What does Governor Smith say
about it ? Had you not, by way of
abundant caution, better have his recol
lection of the contract ?” He replied
that he had tbe contract in writing over
the signature of Governor Smith en
dorsed upon a contract made between
Col. Baugh and Gen. H. R. Jackson, to
the effect that the State was to be at no
additional expense, that the rights of
other agents should be in nq wise alter
ed by that contract, and that the sum
paid to all the agents of the State should
not exceed 25 per cent, on the amount
she received. He further said that Bul
look’s contract was 12£ per cent., to in
clude $3,000 paid Baugb.in cash, but that
when other agents or attorneys were
employed in fl4ditjop tpßaqgh, Garling
ton and Alston, Governor SmUfr had
then increased the fee to twenty-five per
cent.; that he did not think it unreason
able that such a contract should have
been made in view of the uncertain
prospect of collecting anything, and of
the additional fact that all expenses
were to be borne by tbe agents, and that
their compensation was wholly depend
ent on success; that he was satisfied
from the evidence that such was the
contract made by his predecessors, and
that good faith required him to carry it
out. Of course I said nothing more;
nor could I against suph eyidence of file,
as I understood, in thp Rxecutiye Qffice.
My entire conversation with tbo Gov
ernor wag a mere inoident—rapid and
soon over. I think that the above em
braces its substance, perhaps the very
letter of it. Not a word was said in dis
paragement of Governor Smith, On
the oontrary, Governor O. seemed to
think that bis predecessor had not acted
unwisely; that he had acted right in
making phe whole fee contingent upon
success, and therefore necessarily larger;
that GOyejpojr 'Sfljifid doubtless i'elt that
if the state gets ijnytfiifig'fi fijust be as j
a sort of waif—a fciefifi of gqqi fffijk
picked up as it were in the effect—afifiin
the event that she did not gqggepd W'tfioqt
incurring any expense, she ought to pay
her agents liberally; and in this view
Governor Colqnitt, far from excepting
to the policy or action of GoVfifor
Smibj ceemd to concur in ifc pro
priety, r> IU ‘ •
These are tbe facte, Mr. Editor, so far
as I can recall them. “Oh that mine
enemy would write a book,” said Job,
that patient and forbearing man. I have
acted hvgn the implied warning, and
seldOjfi pas jcy name appeared in print
except officially." l cfetest alp pontpo-
Vfersy, and if I get iptp trouble now, it
will be only because I wish to set things
straight so far as lam concerned. lam
a friend of Governor Smith, and a friend
of Governor Colquitt. They both know,
and others know, that I have tried to be
geace-maker between then, and that to
ring down the jessing of the peace
maker updh myself white trying to do
! them good, ana po sefve thd State;' for
tfie §t'ate js inferestefi v in [he ’good will
towayds'eaeb gf eihinent
citjzeos.
I trust tliat neither of the distinguish
ed gentlemen will except to what I have
written, or regurd me as intruding upofi
a quarrel whieh I much deplore. The
allusion fa pie fa* t>o plain, and my part
in the transaction so sumgaarijy and in
correctly given, that J deem it proper to
set before the public my recollection of
it in full. lam very respectfully, yonr
obedient servant, James Jackson,
C’.ESAk IN ENGLAND.
Preapbpd to ft>-
the Dpjke Wellington—4
From the queen,
London, June 4.— Gen. Grant heard
Dean Stanley at Westminster, yesterday.
After alluding to Mr. Motley’B death,
Stanley said: “Gen. Grant has just laid
down the sceptre of the American Com
monwealth, after having by his military
power and still m°to by bis generous
treatment of comrades in victory and
enemies in defeat, restored unity to a
great and divided people. England
welcomes him as a signd pledge that the
two nations of the Anglo-Saxon race are
one in heart and spirit.”
New York, June 3.— Cable specials re
port that General Grant was entertained
at a banquet last night by the Duke of
Wellington at Apsley House. The
dinner was served in the famous Water-
100 chamber. Among the guests were
the Count and Countess of Qleichan,
Lord and Lady Abercrombie, Lord and
Lady Churchill, Marquises Tweeddale,
Sligo and Ailesburg, Earl Roden, Vis
count Torrington, Lords Geo. Paget,
Calthorpe, Honghton, Stratbairn, Mar
chionness of Hartford,Conntess of Hard
wick, Countess of Bradford and Lady
Wellesley. A reception followed, at
which the Dnke and Dachess of Cleve
land, Duke and Dachess of Sutherland
and the Dnke and Dachess of Manches
ter were present. The Prince of Wales
gave a private indieoce to the ex-Presi
dent yesterday, and at the Marlborough
Home subsequently introduced him to
his household in the most friendly man
ner, and sat with him quite a long time
in ordinary pleasanf conversation. The
Queen has given prdefs to tke f-ord
Chamberlain to waive the usual presen
tation ceremonies out of regard to the
nation’s guest, and extend to the Gener
al and Mrs. Grant invitations to all the
Court entertainments. This is almost
unprecedented. Grant will remain in
London until the 27th and then leave for
Ireland.
a party ia acquitted by a
jury in he sets up the
juleps for the twelve.
SOMETHING FOR SMITH.
GENERAL GARLINGTON REVIEWS
THE EX.-GOVERNOR’S LATE LET
TER.
The Official Records of (he Executive De
partment Quoted to -Sustain tbe Fee—A
History of tbe Case Asainat the United
Staten and Itn Settlement—Hew Colonel
Alston Was Made One ol the Pnrties in the
Prosecution.
[Atlanta Constitution.]
To Hon. James M. Smith :
Sib— ln yonr letter to General Col
quitt, published in the Atlanta Consti
tution, of the 30th ult., in relation to the
lee paid myself and others as attorneys
in the matter of prosecuting the claim
for the State against the United States
Government, you plainly intimate that
you do not wish to be brought into con
troversy with those with whom you
made the contraot for the prosecution
of the claim. I have nothing to say in
reference to your quarrel with the Gov
ernor, but I cannot permit you to make
a wrong to me the excuse for venting
your malice against him; nor your quasi
denial of a plain and positive contract
the means of shutting out from the pnb
lio the palpable and established facts.
Under the guise of an inability to recol
lect, you seek to evade the responsibili
ty for a contract just in itself as plain
and positive as was ever made by any<
Governor with attorneys, and more sus
eeptib'e of absolute proof than any oth
er of the many made with attorneys dur
ing your administration. I will state
the real facts as to the contract and the
character of the claim, which was, after
nearly eight years of labor, recognized
by Congress, as briefly as possible.
In July, 1869, the late Col. Baugh and
I, as partners in tbe practice of law, de
cided to bring certain matters growing
out of the military possession by the
Unied States of the Western and Atlan
tic Railroad during and after the war
to the notice of Governor Bullock, as the
lonndation of a claim against the Gov
ernment of the United States iu behalf
of the State of Georgia. An agreement
was entered into fer the prosecution of
the olaim before Congress. Governor
Bullock's proposal was in these words :
“I agree to a retainer of $3,000 to be
paid now, and propose as a final fee, lj
per oent. upon the total amount collect
ed and paid into the Treasury, from
which shall be deducted the amount
now paid in hands as a retainer.” This
proposal was accepted. About this con
tract there is no dispute. After the ex
penditure of much time, labor and
money in getting up evidence and pre
paring the case, it was brought before
Congress by proceedings in the House
of Representatives aud referrred to the
Committee on Claims. Colonel Baugh
went to Washington and spent a part of
two i-essions there endeavoring to get
the committee to act upon it. It was
entrusted to Colonel W. P. Price, who
then represented the Ninth Cfongres
sional District of the State iu the House,
and was a member of the Committee on
Claims, He worked diligentiy in its
favor; but notwithstanding his untiring
efforts, nothing jcould be accomplished
in forwaading the claim, and in the
committee to which it was referred it
finally lingered and died. This is the
first chapter in the history of this claim.
The second chapter, the one in which
you are most interested, and the facts of
which you have attempted to distort,
begins with the contract entered into
with you, as Governor of the State, of
the one part, and the firm of Baugh &
Garlington and R, A. Alston ou the
other part. That oontract originated in
this way; In 1873 we decided to attempt
the passage of a bill through the Senate,
and placed all the papers relating to the
claim in the hands of onr Senators, in
cluding the memorial to Congress writ
ten by us and signed. by yourself as
Governor, the bill prepared by us and
all the documentary evidence relating to
the olaim. About this time Colonel
Baugh and I agreed to admit Colonel
R. A. Alston as attorney in tho prosecu
tion of the claim upon equal terms with
us provided you, then Governor, would
agree to iucrease our contingent fee to
au amount which would still secure to
Baugh and myself the per centage we
were regpeptiyejv efititfei} to i}i case of
recovery. ~
I say this was the agreement between
Baugb, myself and Alstoq. It was,
therefore, ueoessary to seo you, Gov.
Smith, and submit these terms to you
for approval. Accordingly we—all three
of ns—went to the Executive Chamber,
and then and there brought the matter
of our agreement before you, represent
ing to you that we (Baugh and myself)
were not only willing, but anxious to se
cure the services of Col. Alston, which
we esteemed valuable, anfi who promis
ed to go to VyashiDgfon. I well remem
ber what then‘took place. f don’t say
“acoorfiing to my recollection,” but I
most emphatically state tjie following to
be the tacts: 4ftef st'atjpg to ypiFfhe
purpose of onr call, and talking oyer the
matter of the claim, about which you
seemed to know li tie, we stated that we
had agreed to associate Col. Alston with
ourselves in the prosecution of the
olaim, provided you would raise the
contingent fees to an amount which
would at least secure to us our full in
terests under the Bullock y,on|r&of.
Yotii: ani'wet toas'ln s(i|ifel;a'uee, and f iise
your procise language, ifi part, as fol
lows; You said; am willing to pay a
liberal fee jfj. this flWtyej-," for, \y%teyer
may be recovered, \ wtulid yfegard if as
just so muob 'picked up' for the State.”
“Picked up,” sir, were your words, and
you yO'jreelf added; “I think twenty or
twenty-five per cent, would not be un
reasonable.” The latter amount was
then agreed on; and, before we left the
Chamber, you Stated that you would en
dorse this oontract upon the papers Bet
ting forth the original contract with
Bullock. Here ends the second chapter.
In the meantime, both 4-lston and
Bangfi yrppf fo Wasfiingfon to japing tbe
evidence before Congress, and press the
claim, one or both of them spending al
most the entire Winter there in its in
terest, and leaving a local attorney to
represent them when they left. I used
all the influence I could bring to bear in
its favor by personal appeals to and cor
respondence with members. The Com
mitfee on Military Affairs of tfie Senato,
df winch General Gordon was a mem
ber,' it length ’ fepdrted a bijl to the
Senate, which provided for a reopening
of fhp qjfj settjemeuf made iyitb the
State of Georgia tor the sale at engines,
etc. I will refer more particularly to
iillo ’■ahOlt in speaking below of the ser
vice rendereu.
No action was taken upon this report
until a long time afterwards. During
a)l this time, I supposed that you (Gov
ernor) had flppp yhaf; yoi| promised to
do; that is to say, that you had made a
minute or memorandum in writing of
the contract entered into between you as
Governor and Baugh, Alston and my
self, as attorneys, and never doubted
that you had, until some time in Decem
ber last, yben f V as informed that a
contract had been entered into between
Colonel Baugh and General Henry R.
Jackson, in relation to the prosecution
of the claim, whereby General Jackson
and the firm of Jackson, Lawton & Bas
singer were secured an interest with
him in the prosecution, which contract
had been entered on the minutes of the
Executive Department, on the 10th |of
November before. The investigation of
this matter brought to my knowledge
the faot that you had not endorsed upon
the original papers containing the con
tract made with Bnllook the contract
which you yourself had subseduently
made with us. This fact, and the ap
prehension that some complication
might result from the Baugh-Jackson
contract, induoed me to call immediately
on Colonel Baugh, who, without hesita
tion, executed the paper, of which the
following is a copy, and which I have
marked No. (1 '■)
(NfTMJJEB 1 )
“Wilnesseth : Heretofore to-wit, in
the year of 1869, General A. C. Garling
ton and myself were in partnership in
the practice of law, in the city of At
lanta, and decided to presept by author
ity of Governor Bullock, a claim in be
half of the Western and Atlantic Railroad
against the United States Government,
growing out of the possession of that
road by the military forces of the latter
daring and after the conclusion of the
war; and afterwards a contract was en
tered into by said partnership with
Governor Bullock for the prosecution of
said claim, who agreed to pay a certain
foe, and a per centage upon the amount
reebjerpd pp said claim.
“That after Bullock left the State, and
the Hon. J. Milton Smith became Gov
ernor, said claim was submitted to the
latter; Col. R. A. Alston having been
taken in by the said firm as agent and
attorney for the prosecution of said
claim npon equal terms; that is to say,
each of the persons above named were
to share equally in said per centage,
which was afterwards agreed between
Governor ancf said parties to be
twenty-five per cent, upon the amount
recovered. Aud whereas, I, Robert
Baugh, have lately employed Henry R.
Jackson, and the firm ol Jaokson, Law
ton & Basinger as attorneys to assist in
the prosecution of said claim at Wash
ington upon certain terms expressed in
writing : Now, be it known to all parties
interested, that my agreement with said
Henry R. Jackson and the firm above
named was not intended to bind the
interest which the said A. C. Garlington
and R. A. Alston have in said claim, but
only the interest I have in the same,
which, as heretofore stated, is only one
third of the per centage of the amonnt
whieh may be recovered. R. Baugh.
Atlanta, December, 1876.
In presence of W. T. Johnson.
This paper, as appears by the follow
ing affidavit of Colonel Alston, marked
No. 2, was presented to you by him,
aud the recital of the agreement which
it contained was pronounced by yon to
be correct aud true. It was placed on
file, and is Btill on file, with this affi
davit in the Exontive Department.
[no. 2.]
The State of Georgia, /
Fulton County.
Personally came before me R. A. Al
ston, who being duly sworn, depoveth
and saith, That tbe foregoing paper
was executed at tho time it bears date
by Robert Baugh, now deceased. That
after it was executed this deponent took
the same to Governor James M. Smith,
who read the same and stated to de
ponent it contained a true recital of the
agreement entered into iu relation to
the claim referred to, but that it was
perhaps unnecessary for such a paper to
have been executed, beoause the rights
of deponent and his associate, A. C
Garlington, were already fully protected
by his (Governor Smith’s) endorsement
on the contract entered into between the
said Robert Baugh and Henry R. Jaek
sod. That this deponent had said paper
filed in the Executive Office, where it
has since remained. R. A. Alston,
Sworn to before me this gd dav ’of
May, 1877. Charles E. Harman, N. P.
At the same time I (prepared the pa
per, of which the following is a copy,
marked No. 3, and presented the same
to you for your approval, which, after
being read to you, you pronounced cor
rect, and said that yon would give it
yonr official sanction, all of which is
more particularly set forth in the affi
davit which follows it, marked No. 4 :
[no. 3.]
“During my term of office after the
fact was brought to my notice that my
predecessor had retaiued Messrs. Bangk
aud A. *C. Garlington, attorneys, to
prosecute a claim against the Govern
ment of tho United States in behali of
the State of Georgia, growing out of the
military occupation of the Western and
Atlantic Railroad, filing anfi after the
close of the war by the military forces
of the United States, I felt it my official
duty to recognize said Robert Baugh
and A. C. Garlington as attorneys as
aforesaid, and through them presented
a memorial to Coagress of the United
States in brhalf of said claim. That
subsequently it was represented to me
by said attorneys that the services of
Col. R. A. Alston would be valuable in
the prosecution of said claim, and that
he would visit Washington fin the busi
ness, provided it was agreeable, anfi the
fees allowed would be sufficient, if being
proposed that sajd parties would divide
the fees equally between them. That
accordingly I recognized Col. Alston as
being associated with the said Baugh
and Garlington as attorneys in tbe prose
cution of said claim against the Govern
ment of the United States; anfi agreed
to aljow them for tbejr services 25 per
cent, npon the amount collected in said
claim. It is to these attorneys that ref
erence is made in my approval of the
contract piade with Henry R. Jackson,
and the firm of Jackson, Jjawton dt Bas
singer, with the late Robert Baugh, and
whose rights are reserved jn said ap
proval."
[No. 4.]
The State of Geornia, (
Fulton County. (
Personally conies before me, a Notary
Public for the county and State afore
said, A. 0. Garlington anij E. A. Alston,
who being Ju|y siforq, 4 e P°set'h and
saith: That tjie memorAnd'iim or agree
ment'hereunto annexed in relation to
th i employment qf tjip said 4. o.' Qaf
lington, it. 4. Algtftp ftobeff BWgb,
as attorneys apd agents in tlye proseou
tion of Iho claim herein referred to in
behalf of the State of Georgia against
the Government of the United States,
contains a true statement of said agree
ment; that at the time said agreement
was entered into between Governor J.
M. Smith and the parties above named,
he, the said J. M. Smith, tvj Tl&id
parties that j l6 Would’enddriie the same
upon' 'tpe papers which contained the
original agreement between Governor
Buliook and the said Baugh and Gar
lington; that in the month of Deoember
last the’ attention of tire aaict 1 fjfftrlirigton
and Alstop'|ya'a called to t[ie fapt that
said endorsement had not been made,
when the agreement hereto annexed was
prepared and submitted to Governor
Smith, before his ter of offia* 4™,.*'
who, after it, stated that it waß
correct, and that he would give it his
official sanction ip writing; that after the
said CjovtsHjipx: Smith went'out of office,
the' d‘ep6nencs were surprised to And
that the said agreement had been filed
in the Executive Office without his sig
nature.' 4. 0. GAULSjNdTON, R.A. Alston.
Sveorp to before me this yd day of
May, 1877. Chas. E. Harman, N. P.
Upon inquiry afterwards made by me
of the clerk having charge of the execu
tive archives, I found that the memo
randum marked No. 3 had not been ap
proved or filed by you, and I called your
attention tq file fact pnd ypp again stat
ed that yon would do so, o.nif gave
as an excdse'for the delay the accumu
lation of business on your hffffds. I re
peated my request Wl yQW reiterated
yoqr promise. Qn the evening before
the inauguration of Governor Colquitt I
met you at the door of the Executive
Office, and stated to you that I feared
that in the press of official business you
might omit to sign that memorandum,
and I received from yon the assurance
that you would attend to it. You went
out of office leaving this paper on file in'
the Executive Department With'the fol
lowing endorsement 'made thereon in
the handwriting of your Minute Clerk :
“Memoramdum—claim 'of fcjtete for
military'occupation of apd A. ft B.
by the United States Government.”
“Statements as to retaining agents.”
A few days after yon went out of office
I met you agaiD. It was on the side
walk on Marietta street, between Peach
tree fthd Broad streets. I accosted yon,
and told you that, as I feared, you had
gone out of office and failed to sign the
paper in questing. You replied that yon
had omitted several things which ought
to have been attended to before your
term of office expired, bnt that you
would supply the omission as to this
memorandum. The Senatorial election
came on etui sfiqrfly paying
aaceriapqd you had fafteq’ to sqp
ply the omiesipn referred tq as yog had
promised, Col- Alston and I addressed
you a joint note, of wbioh the following
is a copy, marked No. 5 :
[No. 5.]
Atlanta, February 1, 1877.
Bon. J. M. Smith -Dear Sir : Upqp
inquiry we buys aspprtained (hat iHe
memorandum handed to you by us be
fore the expiration of your term of office
as Governor, containing a statement of
the facts in relation to the ponnpptign of
ourselves and the [ate ftofipj-t Baugh, as
attorneys and agepts, \yit{j the plaim
now pending in Congress ig behalf of
the Stats of Georgia against the Govern
ment of the United States, whioh origi
nated in the military possession by the
latter of the Western and Atlantic Bail
road, has been filed in the archives of
the Executive Department without your
approval endorsed thereon, yop will
remefpbej: o|ir apprehension fras express
ed to yoji that in' the press of business
before you went out of office, you might
overlook doing this, as you promised,
and that after the expiration of your of
ficial tern; the omission was brought to
yopr notice, when you stated that you
would supply the omission. Enclosed
we send you a copy of the memorandum,
and respectfully request that voty certify
in sftch form S s vfo deep* be.t tq the
truth of the faots therein set forth, and
transmit the same to us to be used by
us if the necessity therefor Should arise,
which we hope will not be the case.—
Very respectfully, A. C. Garlington,
R, A. Alsioj,*,
Upon your failure to apawer the fore
going, a few‘days thereafter I handed
you the note, of whiqh the following is
a copy, marked No. §; v
[No. 6. j
Atlanta. February, 1877.
Hon. J. M. Smith, Atlanta, Oa. —
Deaf. Sib: Under date of the Ist instant
we addressed you a joint notein relation
to the memorandum in writing which
we submitted to you before your term of
office expired as Governor, and which
you verbally approved, in relation to
our employment as attorneys aud agents
in the prosecution of the olaim now
pending in Congress against the Gov
ernment of the United States in behalf
of the State of Georgia, growing ont of
the military occupation of the Western
and Atlantic Railroad by the former,
and enclosed to yon a copy of said mem
orandum, requestingyou to certify to the
facts therein stated and transmit the same
to us, to be used as indicated in our note.
To this note we have received no an
swer. As we cannot perceive any
grounds on whioh you can deoline to
comply pth our request, we beg to call
your attention again to this matter, and
to repeat the request made by us in the
note to which we have referred. Vory
respectfully yours, A. C. Garlington,
R. A. Alston.
A day or two afterwards yon approaoh
ed me in one of the corridors of the Cap
itol, and taking me aside, stated to me
that you had received the notes referred
to, and that your only reason for not an
swering them and complying with
the request made of you was that
you did not desire to have any com
munication with Governor Colquitt. And
in answer to a direct inquiry, you said
that you did not object to anything con
tained in the memorandum; that it was
correct. These statements I affirm to be
true, and you cainot deny them. I may
add that I sought one more interview
with you on this subject after the claim
had passed, and just before you left for
the Hot Springs, and which took place
at the corner of Broad and Marietta
streets, near my office. In that inter
view you still alleged as your reason for
not signing tbe memorandum referred
to, the sole ground that you did not
wish to have any business transactions
with Governor Colquitt, and indulged
in abusive epithets against him, which
it is unnecessary to repeat. In that
interview you also stated that Governor
Colquitt had gone back upon you about
fees which you had agreed to pay at
torneys, which fact may reflect some
light upon your subsequent conduct. I
have now seated all the material faots in
relation to the matter in hand, and they
are amply sufficient to presept tfip frutfi
as it is, pot as you have pyeaeptefl it. I
shall not attempt to follow you through
the maaes of the sophistical argument
whioh you have offered to sustain your
course. But before closing, I will notice
briefly some of the points you make,
first calling attention to tho'positive
proof of tbe contract unrjer discussion.
Alston and J have made our statement
on oath in relation to this oontract.
In addition to this evidence the state
ment of Col. 1 augh is to the ef
feot. His paper was filed in the Execu
tive Department and is now fin flip tfieve.
We refer to thp paper parked kjo. j. It
is a plain, positive auq pnequiyopal
statement of thp oontyapt ffiadp with you
at the time referred to in my statement.
The statement was made in his last sick
ness and a few days only before his
death, and its contents, therefore, may
be taken as his dying declarations on
this subject. He says thej Weufib of the
persons above (meaning Baugh,
Garlington and Alston) were to share
equally in said per centage, which was
afterwards agreed between the Governor
Pftd said parties to be twenty five Dp;;
gent, ypott ttye amoyqft ' rpcpip.pcf. Qan
jjp plainer than this? This
pa per was executed before any question
had been raised abofit the per centage
agreed on or about the contraot in any
way, and was given only for the purpose
of explaining the wh' General
Jacksoi}. “
paper of Colonel Baugh was by
yon read and filed in the records of the
Executive Department without a single
accompanying word of protest, explana
tion or dissent, express of isgpjipd. Jt
was thus apcpptpd pv you as yofir official
pf tpe pontraet. It was
by you permitted Ifi Temaifi on file un
depied while yon were Governor. And
you went ont of office letting that ex
plicit, positive, witnessed paper remain
as your official exposition of the con
tract. It was on file undissented from
while you were Governor, and niter you
ceased to be Gaym-nm' until the date of
yQ Jetier. left not a single word
on file in the executive records to show
that you aid not sanction this naner. j
Suppose that this papey had Con
tained df tW 'wtfvapt,
not authorised sunptioued by you, l
is if jo fie supposed for a mo
ment that you would thus have
permitted it to remain as an office paper
of solemn authority, representing your
own official interpretation of the con
tract. Establish this fact, and you stand
self-convicted of an inexcusable neg
ligence in protecting interest.
Fl 0- G'bVerndr Smith, expeot the
pehpre of Georgia to believe that yon
object to this version of the contraot in
view of the facts first mentioned, and in
view of the farther fact that youv atten
tion was mnpu flailed i \ hj twp WJUten
ttoffi’us, Wfiiph you ac
knowledged Wooing, arid hy numerous
yerhal statements in personal interviews?
Under all the circumstances, this Batigh
paper stands as a r< *CCru, and has the
loice irresistable, \ incontrovertible
proof of the contract you made yptfi us.
Your want of “recollection of Fae facts”
is impotppt Ih assail' lVor break it down.
Even 'though uncorroborated, it would
be sufficient proof; but corroborated as
it is by other facts and circumstances,
and by the internal evidence which
springs ont of thjs wfiolp Haosaatiop, it
is simply overwhelming.
The following is the proposition to es
tablish whieh you have brought to bear
all your energy and ingenuity. You
say ;
“According to my understanding, the
agents were to be entitled to claim an
increase of the contipgenj feq qpeqified
in tjieUqftqok qqntr'abV not to. exoeed
25 per ceutj bnt tfie increase was to be
ascertained with reference to the service
rendered and the amount oolleoted.”
The slightest consideration is suffi
cient to show the absurdity of your posi
tion with reference to this percentage
being an uncertain one. By the Bullock
oantract Baugh and Garlington were en
titled to an absolute, unconditional fee
of 12J per cent.; that is to say, 6f per
cent, each upon the amonnt finally re
covered off the claim. Is it reasonable
to suppose that they would surrender
without a consideration tffis per
centage fp,r a, percentage fo b,e determin
ed by ffff afftiiffate afterwards to be plac
ed upon tffc value of tfieir services ? By
letting Alston into the contract, these
separate interests were raised from 6j to
only 8i per cent., and you would have
the community believe that the latter
percentage was only a limitation of the
fee to be allowed while the former was,
under the Bollock contract, an absolute,
unconditional fee. The proposition
bears absurdity op its ‘-very '{ape.' But
your endorsenrisfft ’on the 'ftiugh-Jack
son contract clearly shows that you had
agreed to pay Baugh, Qarlington and
Alston an unconditional fee of 25 per
cent, upon the ftwoupt recovered. It is
iU tfacae w o Td B • “ Tffe above contract
and asteeffleut is approved and the com
pensation to be paid te all agents by
the Htate is not to exceed 25 pe; cent, of
the amonnt collected upon the olaim.”
What is the obvious meaning of these
words ? Simply this : “I, J. M.
Smith, Governor, have agreed to allow
the parties, already eruployeij' in The
prosecution pi this Claiffi, 25 per cent.,
and in approving this contract to em
ploy othet attorneys I do not thereby
intend that they shall have
tional compensfftiMff the '25 per
cenj.” What other construction can
possibly bp placed'upon this endorse
ment ?
As further internal evidence to show
that your "t-ecollectign" of faots is not
to be relied on, why did you not return
the memorandnm of the contract which
I myself handed you disapproved, either
verbally or in writing ? Why dij you
have it filed, if it contained a, 'false pr in
corrept statement of the contract ?
You say, further, that the contract
was not entered upon the minutes of the
Executive Department. Whose hfisineßS
was that ? Ceftpioly yours. Bnt I
woul J as*, you how many of the con
tracts which yon made with attorneys to
serve the State professionally, daring
your term of office, were entered upon
the minutes ? I venture tq ffay not one
exoept the contract. I
repeat that tins contract with Bangh
and Jackson is the most complete writ
ten contract on file in the Executive
Office daring your; administration, and
is, I am satisfied, the fffjy written con
tract os sla Iff yPur ’office made with any
attorney by you, as Governor, daring
your term of office; and ye|j yoq haye
the hardihood to asseif tbs! iffe'contract
in tffis tiaae was hot perfected because it
was not entered on the minntes; because
that was not done which yon, as Gov
ernor, never had done in any other in
stance. If, as you allege, the payment
of fees in this case was wrong beoause
the contract was not entered off thu min
utes, then every payment of fees daring
yqur administration lfi wrong.
Agaih, ’ Governor, the fact that yon
did-not answer the two notes which were
$2 A YEAR-POSTAGE PATH
| addressed to you by Colonel Alston and
myself, requesting you to sign the en
olosed memorandum (No. 2), and deny
the truth of their contents, is convinc
ing proof that yon could not truthfully
do so, and amounts to an admission on
your part that the statement of facts
they contain is trne. If the memoran
dum that the first note contained was
not a true statement of the contract,
why did you nit answer the note and so
state? l'on did not do so because you
knew the statement to be trne.
The object you have in view in your
attempt to convince the public, by your
want of “recollection” of the facts, that
you did not agree to allow the attorneys
25 per centum as a fixed rate of compen
sation, is easily understood. You are a
lawyer, and understand well the princi
ples of law, that where there is a special
agreement between parties for labor a ul
services of any kind, that agreement,
when proved, will be enforced. The
question as to the value of the services,
or, as the lffwyers call it, the quantum
meruit, is not involved, the parties are
bonnd by the special agreement. To
apply the principle to this case, the
undertaking of the attorneys was to get
this claim through Congress, and if the
speoial contract with you was that they
should have 95 per cent, upon the
amount recovered, and if they succeeded
in the recovery of the claim, they were
entitled to this per centage whether
their services were great or small. This
you well understand to be the law.
But now, as to the services rendered
by the attorneys: They were engaged
in this work nearly eight years. They
expended their time, and energies, and
money, in its prosecution. A much
larger sum than the three thousand dol
lar retainers were expended. In all, the
services of no less than ten attorneys
were engaged with us in collecting the
evidenoe, giving professional attention
to it, here aqd iu Washington. Were
the services of these attorney worth but
little ? Was it an easy claim to secure
from Congress? Yea; did you nqt re
gard the claim as so doqfttftft that you
would have considered any amount re
covered as 60 much “picked up
for the State?” If it was so easy to col
lect, why did yon not collect it, Govern
or, during the five (5) years of your ad
ministration or use in some way your
offioial position to secure it? It was not
a olaim fon money diu> the State on ac
count of the military occupation of the
State Road by the Government, or, as
some have supposed,for iron taken from
the road. But it was an effort to. re
open an account long ago settled and
closed, and to have (he Government re
turn to (ftoygiQ a part of the money she
naq agreed to pay, and had paid for en
gines, rolling stock, &>. This money
had b.een paiq Uy the State twelve years
ago. Whee, at the instance of these at
torneys, a bill was prepared requiring
the Government to re-open this settle
ment and refund the money, i* was urged
that suoh a thing wpnld he against all pre
cedent. An([ W‘o, when the report of the
Military Committee, hereinbefore re
ferred to, oame up for consideration ip
the Senate, Senator Edmunds iaftwhieed
a resolution oalling um the Quarter
master-Genera} of the United States for
the in relation to this settlement.
The Quartermaster-General, in a long
and able report, violently attacked the
bill reported, on the ground, that the
settlement was long since closed, and
that to reonpf} ft wvMd set ft precedent
wqioh WPh'd involve the Government in
thq loss Of millions of money. I here
undertake to say that, in the face of
that report, with the active opposition
of Senator Edmunds and others, the bill
never would have the Senate but
for the evidence called and arraigned
“J M (fftW the vo,luminous impeachment
trial of Andrew Johnsou. Indeed, but
for Otyf- labor in oolleofcing the evidence,
the report never could have been se
cured from the Military Committee. I
go further, and say but for the efforts of
Go). Baugh and myself tho claim would
never havo been, presented to Congress.
It neyei had occurred to any one else;
and after it was presented, no mem
ber or Senator could have found
the time, and given the labor whioh for
years has been expended \ and I ooufi
dently ftsspift that Georgia would not
|i n °W fiaye tfie %15(l|,000 iu her Treasury
j but for (my labor; and I would make
; bold tq appeal to every member of the
Georgia delegation to bear me out in
this assertion. The only ground upon
whioh the part of the claim recorded
could rest, though just iqitqeft—because
the property spU fp, the State was ap
praif}4 at to.o, high a valuation -was that
a 9.oWpromise settlement had been made
by the Government with certain rail
roads in Tennessee. But it must be
borne in mind that these roads had not
paid the Government the amount due by
them, as the State p.f Georgia had, and
one qf the veasons assigned for the
compromise' With the Tennessee road
was thoir probable inability to pay it in
full. You might well say that, under
these circumstances, if anything should
be recovered, it would be a 1 much
money “picked up” fqs fffe ftfcste. And
yet, you wrqftd Wp the community be
lieve jhaif the attorneys who suggested
this claim, who collected all the evi
denoe upon which it rested, who prose
cuted it at great expense and lab o! f (or
more than seven years ( and. fto.aWy to. a
successful issqn, ayp entitled to little
credit, and leas fpes than you agreed to
mi 1 M
It is difficult to conceive that you would
seriously regard the immediate payment
of our fee on a fixed contract as improp
er. There is no more universal rule
than that attorneys are orftftled to, fees
immediately out of the money collected
for 'phis whole matter hinges
upon the' settlement of the question
whether our fees were fixed by the con
tract. I have shown that they were, and
the Governor was bound to pay us our
fees, and to turn into the Treasury of
the State the net amount collected.
Had the Governor withheld from us our
fees and paid them ;u*a the Treasury,
he would deprived us of our com
pensation until the Legislature could
! appropriate the money to pay us. This
would have been a violation qf our
rights, an act against well peHled prece
dents; and for tffe Gi a !c to.’take this
from us Vfqqld have been robbery. The
Governor has no, more right to turn our
fees }ntp the State Treasury than he had
to the money of any other private
citizen and give the State its use. And I
find that it has been the unbroken line oi
precedent during your own administra
tion to thns deal with collections for the
State. In the report of the very ejffeient
Attorney-General, Col. N. J. Bff'nffiond,
for 1876, I find that hp cp,fleeted thou
sands of do}lai;s for the State and in
every ppge he Retained his fees, amount
ing to seyeral thousands of dollars, and
turned the balance into, the Treasury,
and this with the sanction of yourself, as
Governor,
If the Attorney-General, one of the
finest lawyers in the State and above all
suspieion of wrong, thus dealt with the
State funds by your executive authority,
and if such be the nniversal rule and
practice with lawyers, as yon well know,
the precedent would seem (p Ip,a petab
lished beyond cavil an,4 thP payment of
our fees, iq <ta&AC way, was impera
tive. Abft a hy point made on this is
; simply a labored abortion of hostile
malice and not the just critipis:& oi. law
and truth.
Bat I hftyp Acne with you. I have felt
it fftj duty to say this much iu my own
Vindication against the charge you have
made against me of olaiming compensa
tion of the State from fees to which I am
not entitled, although you have sought
to oiose the door against me. lam will
ing to leave the question at issue to the
people of Georgia.
A. C. Gasunoton.
GUILT.
Te . *.F ee , aK I , c “ Be _rwwwPvU-A tn-nU
New Yore, June 6.— When the Peter
B. Sweeney case came up to-day a con
ference took place between the Judge
and counsel. Subsequently Judge West
brook announced th*ft counsel informed
himthift arrangements had been made
by which the estate of Jas. M. Sweeney,
deceased (brother of defendant), agreed
to pay the plaintiffs a considerable snm
on account of derpsmd? sought to be
recovered in this action, and under
these circumstances it was deemed un
wise to press this trial. The terms of
Arrangement as conveyed to the Judge
involved, p eppeeasioft by or reflection
upon the defendant The Court was
then adjourned to October next. The
Express says it is probable that $400,000
will be accepted.
The Celebrated Vienna. Bmap,—
Among the numerous Dooley’s
Yeast Powder fujmed for, are the celo
bmt*-d rolls apd bread, whioh
are so v’dipfous, palatable and healthy.
If you hiye not the recipe send three
oent stamp for fpH directions to Dooley
& Brother, New York, and you, will get
them by return mail.
THE _STATE.
THE PEOPLE AND THE PAPERS.
Clock peddlers infest Griffin.
Every one goes fishing in Hampton.
The drouth is injuring all kinds of
fruit.
A Quartette Club is making Hampton
Free drinking fountains are talked of
in Rome.
Thomasville now talks of being a Sum
mer resort.
The spiritualists have regular weekly
services in Atlanta.
Preachers throughout Middle Georgia
are praying for rain.
Carnesville wants to see her financial
status published quarterly.
Judge John I. Hall is one of the
youngest Judges in the State.
Seyeral Franklin county farmers are
up ootton and planting corn.
Columbns, come to think about it,
wants several town clocks.
The remains of Judge Cinoinnatus
Peeples were sent to Forsyth for burial.
■ Amos T. Akerman has written a letter
in opposition to the oalling of a conven
tion.
The revival meetings at five churohes
in Atlanta are still creating a profound
interest.
The Jackson oounty News thinks that,
the Convention is about to be talked to.
death.
The cut worm is working serious
injury to corn iu Franklin eounty, says
the Register.
Putnam county has called a second
invention to ratify the nominations of
the first.
Gen. Eli Warren, of Houston county,
lias been elected delegate to the Con
vention.
Augusta and Columbus have each in
creased thoir cotton receipts this year
ahout 20,000 bales. *
Ihe Conyers and Covington poets ap
pear to be spending the Summer at Stone
Mountain.
i?^ Q OyKalb County News is some
w..at of a judge, it appears, of Milwau
kee beer and war maps.
Squire Sanford’s residence in Pauld
ing oouuty was recently fired with mur
derous intents.
The Augusta Methodist District Con
ference Meeting will be held at Eaton
ton beginning Wednesday, July 18th.
A foolish joke, as appears by the Ea
tontou Messenger, caused a' negro in
Randolph county to kill his brother,
mistaking him for a robber.
The funeral meats had scarce been
warmed before eight names were press
ed for the ermino in Atlanta. Truly are
we “the Sons of Progress.”
a Grady, EdHanimond and
Smith Clayton are soon to give a literary
entertainmout in Atlanta for the benefit
of the library.
Mr. Walter Brown’s dinner to the
newsboys in Atlanta was a handsome
affair, and his example deserves to be
followed.
One hundred thousand shad have been
deposited in. the Oconee river at Mil
ledgevillp, so the Macon I'eleqraph in
forms s.
The passenger train on the Selina,
Rome and Dalton Railroad, Wednesday
night, ran over a man sleeping on the
track, cuttiug his head off and other
wise mutilating his body.
A delightful pic.nic was recently got
ten up in Macon under the auspioes of
the S. A. E. Fraternity, and composed
of delegations from Mercor University
and Wesleyan Female College.
Capt. W. A. Little, Judge Porter In
gram and John Peabody, Esq,, have
been selected to remain as candidates in
theConventiou raoe in Muscogee. Judge
J. T. Pow is also in the field.
The Constitution says that quite a
number of Presbyterian ministers in
Georgia are going to Europe next year
to attend the evangelioal alliance. They
intend to make a thorough tour of Pal -
estine, and will spend nine months wan
dering through wonders of the old
world.
Sumter county will have a fair.
Toeeoa wants a clothing store.
A $2,200 carriage is the latest in At
lanta.
Macon pays S3O per lamp in the
streets,
Mrs. Lizzie Underwood, of Milledge*-
ville, is dead.
Judge Gustavus DeLannry, of Co
lumbus, is dead.
Athens claims to be the best chicken
market in the State,
Greenesboro has received 386 ton.B of
fertilizers this season.
Th workingmen of Savannah will l
organize a Labor Union.
The big Telfair will case is now before
the Chatham Superior Court.
Only one train a day is now running
on the Northeastern Railroad.
Asbestos in considerable quantities
hag been found near West Point.
A Cobb county man sold 500 ponnds
of honey iu Atlanta last week for $75.
Houston will make enough wheat to
furnish the county with flour for a year.
The old Rutherford building in Ma
con VRua destroyed by fire Tuesday morn-
An election for President of the S. M.
F. College at Covington, will be held on
the 18th.
Joe Fleming, a little boy in Savannah,
was drowned in the river at Bonavonture
Cemetery.
An aged Degress died on Thursday
night at Griffiu. She was over one hun
dred years old.
The Dahlonega Signal reports a heavy
frost in the mountains, near that place,
last Saturday week.
Dr. J. L. Cheney,a prominent druggist
of Columbus, died last Sunday from the
eftects of a spider bite.
The Rev. Dr. C. W. Lane, of Athene,
will deliver the commencement sermon
of the Lney Cobb Institute.
The Hon. John C. Key, of Jasper
county,has been nominated as a delegate
to the Constitutional Convention.
The Tri-Weekly Georgian continues
its sprightly calls. We always wish
that it was twioe as large and came twice
as often.
A Covington man advertises that iff
the man who stole his watch last Satur
day night will come back, he will give
him the key.
The candidates for the Convention
from Monroe oounty are in favor of sub
mitting the Constitution to the people,
after Ua adoption.
Dead bodies have been found in cer
tain wells and thickets near Milledge
ville. Great excitement prevails con
cerning the mystery.
R. E. Keannon, of Clay; L. C. Hoyle,
of Terrell; A. Hood, of Randolph, and
H. A. Crittenden, represent their Dis
trict in the Convention.
Mr. Levi Cheek and Miss Nancy
Brady, assisted by a Justice of the
Peace, indulged in a very romantic
wedding the other day near Toeeoa.
The ilacon Peleyraph notes that Mr.
Lyman. Hall has been appointed cadet
at West Point by General Phil Cook,
and left for that place last Thursday.
The great Oglethorpe divorce case was
not taken from the Court docket last
week, as Hon. B. H. Hill, the leading
oonnsel for the defense, was not there.
The Watchman states that Mr. James
R. Thurmond, of Jackson county, ia the
head of a family, numbering 17 persons,
none of whom ever have used tobacco;
no.
Hon. George W. Adams has been se
lected to fill the position of Superinten
dent of the Macon and Brunswick Rail
road, vacated by the resignation of Cap
tain John A. Grant.
The Savannah News notes that of
forty-four Senatorial Districts twenty
five have been heard from, which give
u.nmiatakable indications that the Con
vention will be called.
Milledgeville bow pridea herself upon
her base ball clubs. This strikes ns as
incousisteut. The old capital, which
boasts of pristine honesty, primitive
parity in architecture and morals, should
certainly be content to stick to town
ball.
The Pio Nono students, after bathing
in the river at Macon, left some of their
bathing garments upon the bank. These
being discovered led to the suspicion
that someone had been drowned, until
the mystery was explained.
Gov. Colquitt appoints the following
visitors to the University of Georgia: R.
Y, Forrester, Whitfield oounty; J. M.
Richardson, Carroll county; Henry C.
Mitchell, Fulton county; Henry H.
Jones, Bibb county; Charles M. Neel,
DeKalb countyj J. W. Glenn, Jackson
county; George M. Dews, Muscogee
county; Mark W. Johnson, Fulton coun
ty; James Dunham, Marion county;
: John B. Mallard, Liberty county.
It is not so much, says the Greenville
News, the heavier burden of taxation
imposed by the frandulent debt, as it is
the infamy of the fraud that the people
resist.
If the drouth continues the “Cotton
tots” will sing low.