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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.