The Weekly chronicle & constitutionalist. (Augusta, Ga.) 1877-188?, August 22, 1877, Image 2

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gnjvomcle ant) WEDNESDAY, - AUGUST 22, 1877. CROP NEW*. The friends of the Chbosicle asd Constitutionalist in Georgia aud South Carolina will greatly oblige us by sending, from time to time, brief let ters showing the condition of the crops. We would like to have a letter onoe a week from every locality where the Chronicle and Constitutionalist cir culates. C APTAIN F. W. DAW SON. We publish this morning in the Chronicle and Constitutionalist a let ter from Rev. A. Toomer Porter relat ing the account recently given by Commodore Phgram of the gallant ser vice rendered the South during the war by Captain F. W. Dawson, now one of the editors and proprietors of the Charleston New* and Courier. Com modore Peoram was a distinguished offi cer of the Confederate States Navy, and compliments from si.ch a source must need be gratifying to any mao. He does not stint his praise in speaking of the career of Cupt. Dawson, but bear' unsolicited testimony to the zeal, the devotion aud the conspicuous gallantry displayed by the young Englishman in the cause of constitutional liberty. But it is as a journalist that Capt. Daw son is best known, and bis ser vices in that field have been of the greatest value to his adopted Htate and section. He has striven long and un tiringly to raise bonth Carolina to he. proper place in tiie American Union, and has advocated, with all the ardor of his nature, every measure calculated to pro- Uer material or political prosperity. Tke splendid work done by Capt. Daw son aud his eolhaagne of the News and Courier in the great Hampton campaign of last year-work which never ceaseo nntil Drowned with vietory-is still fresi in the winds of Carolinians and Geor gians. It affords ns great pleasure t. publish the letter of the distinguish* divine who gives the words of Commo dore Peoram when speakiugto Caro ini ns of one who has done so muoh for Carolina. t The Cincinnati Gazelle calls Colon' j. Matthews “a hot-blooded South erner.” The Boston Globe thinks good char acter and fair wages better protectors than a bell-punch. The New York Tribune of a late date admits that the sugar market is not so hopelessly gone as it thought it was. Tub Chicago Time* defino3 a Commu nist as a citizen who wants to earn his broad by the sweat of another man’s brow. Blub glass was, acoording to the Hartford 'Times, the only remedy not tried on the mob at Pittsburg aud other places. Ip the missionary work of Russia Khali continue muoh longer, there will not be many Bulgarians to protect or Polandize. The intense anxiety displayed by Vir ginia hotel keepers has frightened the President, and helped postpone his Southern tour. _______ It is rumored that Mr. John W. Gar rett will decline the Presidency of the Baltimore and Ohio Railroad Company at the nest election. No, wo do not know the address of Senator Morgan, of Alabama, but think a letter sent to Selma would reach him in the oourse of time. Lydia Thompson’s arrival at New York, with thirty blooming blondes, has caused n sensation nrnoug a oertain class of bald-headed men. Last Wednesday was the anniversary of Napoleon’s birthday. fie would have been 108 years of nge had ho led a healthy life up to that time. — All accounts show that the wheat ©tops of the Northwest are prodigious. Fair rates of freight on railways ought to give ns cheap flour this season. ■ The Nashville American thinks the Turkish butcheries at Eski Sagbra weio Allali-mode; ami the New York Express calls an Ottoman panic a harem-scarnni. Thu New York Tribune still insists that Senator Ben Hill has buried lnu war horse. If tho Senator has lmried any of his hobbies we have yet to hear of it. The Ilusso-Turkish war has degen erated into a series of massacres—sll iu the name of Jehovah and Allah. It is a dreadful profanation of holy names. Thf. Astor House bar room is the most successful in the United States. It takes in g 1,500 a day. It is said too that the Astor does the safest hotel business in New York. A newspaper paragraphist reminds his readers that the divine command to increase and multiply is not found iu the New Testament, aud that hard times must be considered. ■ a w It is confidently predicted that Jim Blaine’s candidate for Governor of Maine will come out of the contest with the smallest Repnblioau majority ever known iu the Piue Tree State. - ■ •<■ - It is said that the Mrs. R. B. Hayes Temperance Association propose to put the regulation of beer drinking iu the bands of the Government. Whether in the hands of the male or female head of tl e Administration is not stated. Old man Mott, of Columbus, taught Secretary Thompson how to sew, about the beginning of the present century. Mr. Mott evidently thought it was time to reap. Hence his recent experiments in moral agriculture at Washington. According to a New York correspon dent, the Syndicate own John Sherman and the Rothschild* own the Syndi cate. Therefore, the Rothschilds con trol the finances of this country, aud one of the results of the war has been the transfer of the United States, by mortgage for generations, to a foreign banking boas*. The New York Awn thicks the spade is the onlv match againet the repeating rifle, that the Turks have won against the Russians by discerning that truth and acting upon it; and that the French might have saved their eountrT if they had dug more earthworks and foaght fewer battles in the open field. moral of all this seems to be that recent events prove that the Turk, like Ben Butler, may be a monster, but he is not a bit of a fool. —i President MacMahon’s great grand father w.as an Irish Doctor. He made his fortune by getting into tho good graces of a bed-ridden old woman, who left him SOOO,OOO. A law suit super-, vened, which continued uP to *be revo lution. All of the coutost. ants f mi " grated. Napoleon invited the tkTgiiive noble-sse to return to France or fon.eit claims on estates. The MaoMahons re turned; the other litigants did not. Hence the fortune of the MacMahon family. > Postmaster-General Key made a rather anseemly exhibition of himself •t Bennington Thursday when he spoke of the fraternal feeling on the part of the people of the North towards their erring Southern brethren.” Northern gentlemen will agree with ns as to the bad taste of such a speech from such a source. Mr. Key makes a very melan choly spectacle of himself when playing the role of the returned prodigal. Ee had better decline to eay anything at all t the next Northern celebration. THE ELEC TION IN DECEMBER- The final action of the Constitutional Convention ou the proposition to elect the next General Assembly in Decem ber, at the time when the new Constitu tion is submitted to the people for rati fication or rejection, will cause a very exciting political campaign in the State during the ensuing three months. The object of this action, as explained by those who proposed aud favored it, is to have the Legislature composed of men elected under the new Constitution men attached to the instrument and who will put it in immediate opera tion—and to cause the people to take an active interest in the election at which the fate of the Constitution must be de cided, and have the full vote of the State polled. Although the election will take place in December, the Legis lature elected will not meet nntil No vember of next year, and the expense of the January session will be avoided. The Convention proposes to pass an ordinance continuing the tax and appro priation acts of this year in force dur ing 1878, so that no embarrassment may be experienced in conducting the affairs of the government. We are inclined to think, however, that it would have baen the better plan to have brought on the election in December and let the uew Legislature meet next January. That the course pursued by this Convention will cause a large vote to be polled we have not the slightest doubt. We do not believe that any consider able number of the members of the present General Assembly will com plain of the curtailment of their terms of office, or that many of them will op pose the ratification of the Constitution on that account. On the other hand, lumbers of people who may be opposed tko the Constitution will vote for it be cause they have personal friends run ning for office who can only be success ful in the event of the ratification of the instrument. The fact, too, that the legislature to be chosen in December vill elect a Uuited Htates Senator to uccee-1 Senator Gordon, whose term expires March 4th, 18711, will also add *o the interest of the contest. It is reasonable to suppose that General Gordon desires to be his own successor. As yet wo have notjiicard of any one who expects to oppose his re-election, but the qnestion has been sprung very sud denly and it is hardly probable that such a splendid prize will be taken by a walk-over. If we are not mistaken the new Legislature will also have to elect about ono-half of the Judges of the Su perior Court. If the report in favor of reorganizing the circuits be adopted then all the Judges will have to be elected. But wtiiie *ll these things will operate to canse the polling of a heavy vote it must not be expected that the vote will be altogether Democratic, or white. On the contrary, there is good reason for believing that the full color ed vote will also be polled. The character of the contest will ba such—so many in terests will be involved—that the negroes will come out to a man. We have not the slightest idea that the'.Republican party will organize for the campaign, or that it will take part in it as a political or ganization. We do not think that Re publicans will be run as candidates for the Legislature in half a dozen counties in the State. But we do believe that the negroes will he rallied against the Constitution, and that while voting against the instrument they will vote for the men of their choice—among the In dependent Democratic candidates —for the General Assembly ; and instead of being discouraged from voting as they have been in former contests, they will be sought out aud brought to the polls by those who desire their ballots east for or against the Constitution or for or against Smith or Jones for Senator or Representative. We believe that in nearly every county in the State there will bo seen Independents and nominees running against oach other, and that both sides will make strenuous efforts to obtain votes. When the campaign opous it will prove the hottest that lia* been seen in Georgia since the memorable contest of seven years ago, when the death blow was Joalt to Radicalism. (GENERAL WOFFORD. ' General Wofford’s course in the Con vention has provoked somo harsh criti cisms from tho press, aud in several quarters lie has been roundly denounced as a demagogue seeking simply the ac complishment of his own selfish schemes. We have had occasion to differ with General Wofford as to the wisdom aud propriety of several meas ures which ho has warmly advocated in the Convention, but wo oannot subscribe !to the justice of such accusations. On tho contrary, wo believe that in every thing lie has said and done since he readied Atlanta General Wofford has been actuated by a sincere desire to pro mote what he conceived to be the public good. Whether ho was right or whether his critics were right, tho verdict of the people must determine. General Wof ford’s life has certainly not shown him to he either u demogogne or a place hunter. Of the many brave men whom Georgia sent to tho field to repel the tide of invasion, there was none braver than he. His conspicuous gallantry was illustrated on a hundred fields of battle, and caused his promotion to high rank iu the Confederate army. Wherever he was engaged the official reports spoke iu terms of high praise of the deeds of "Wofford ’• Brigade,” and ou more than one occasion L.ee, the i Great Commander, himse'f bore flatter-, iug testimony to his bravery and devo , tion. With such an army reputation General Wofford would uot have fonnd it a difficult matter to obtain office in Georgia if he had desired to do so; once, and but once, do we find that his name was used in connection with any position. He was sent as a delegate to the {lonvention without solicitation on his part, because the people who knew him best wished the State to have the benefltof his talents and his patriotism. If he be indeed a dema gogue he is not a very deep or skillful ' one, for the measures which he has ad vocated moat warmly are those which would array against him the most for midable oppositioa, la opposing the imposition of a poll tax as a qualifioa tiou for voters he runs counter to the 1 views and wishes of nine-tenths of the i political party which has such an im -1 mouse majority and such unlimited power iu this State. Iu endeavoring to | abolish tho cruel aud brutalizing chain t g#U g system, he provokes the hostility of the most prominent and influential men in Georgia who are members of the companies that work the eon victs—men connected w7 f h the State government, U nffnd States Senators, leading politicians, grangers, etc. As we have intimated before, it has ao hap ; peaed that the Chronicle and Consti j TUTioNALiS* has opposed nearly every measure which /General Wofford has . favored, but we cannot join in the un - uiat denunciation of a Georgian whom I "we has© pyery reason to believe is as i honest and patriotic in peace as he was ' loyal aud daring in war. It ia said that Mr. Beecher indicates quotation marks ia bis sermons by hold ing np two finger* on es*b side of his head. Hence when he said it was “d—d hot," nobody objected, because the ’ aggers explained it all. Ex-Gar. Morgan says Mr. Schtrz was paid #I,VW for eleven days’ speeebi i fyiug for Grant in 1868. From all ac : counts, Mr. Schubz is the greatest luxury as an orator ever kuoyn since the beginning of the world. General Toombs, in discussing the corporation question in the Convention yesterday, again avowed his intention to defend his cause before the High Court of Heaven. Is it not a littto imprudent for the General to make arrangements for appealing so many cases to a tribu nal in which he may not be admitted to practise ? A SOUTHERN EDITOR. The A raj Uareer el Southern Jurnnlit— An Enctlnh Youth Who Determined to Fiffhl far the Senth—llia Fidelity and Gallantry —Wonadi and Promotion The Stery a* Tald hr < ommodere Pearrnm. af the Cenfed erate Nary. Editors Chronicle and Constitutionalist: I was last week at the White Sulphur Springs, in Virginia, where I met Com modore Pegram, who is so well known throughout the country. In the conrse of conversation, at which Dr. Wm. Ha ger, Mr. Frank Huger and other Char lestonians were present, the Commodore gave us the following information, which was so new to all of ns, that I determin ed to publish it, which I now do, with the Commodore’s consent, that the gen tlemen whose heroic conduct is narrated may receive at the hands of his fellow citizens that honor which he has so rich ly merited. In the year 186—, Commo dore Pegram, then in command of the Nashville, was, with his wife, in English waters. One day a very bright-eyed,intel ligent, well-mannered young gentleman, an Englishman, came to him, aDd asked that he might take passage with him to the Southern States, as he wanted to come and join the army of the Southern States. Commodore Pegram refused the request, saying he was under age and he could not think of taking the youth out among strangers, to run all the risks of war. The young man besought the Commodore, but in vain; he asked if he could get the consent of his guardian if he would then let him have passage ? The Commodore still declined. The youth then went to Hon. W. L. Yancey, then in London. He so worked upon Mr. Yancey’s feelings that he wrote an earnest request to the Commodore to bring the young man over. Still the Commodore refused. Just then the Queen of England, having gone down to the coast, and seeing the Tuscarora and Nashville in port, ordered both to sea. This command, for reasons, the Commo dore declined to obey, and he went np to London to arrange for his stay. While away some hands were shipped on the Nashville, aud in due course she put out to Bea. Some days after the Com modore was accosted by a very bright youth, who was all begrimed with coal dust and dirt. He asked who he was and where he had come from, and to his surprise found it was the young man who had tried to oome as passenger. He told the Commodore he must overlook it, but he had determin ed to fight for the South. The Commo dore, pleased with his spirit, told the officer of the ship to put him to some other work. One day a certain paper passing through the young man’s hands to the Commodore he said it was very bad English and if the Commodore would allow him he would correct it. This was done, and so excellent was the report as made out by the youth that the Commodore immediately made him the Captain’s clerk. On the arrival of the Nashville in the South the Commodore informed the Secreta ry of the Navy of his appoint ment and asked that it be con tinued; this was at once done. Soon af ter this Commodore Fegrara was put in command of the James river squadron, and took the English youth with him, to whom he had become greatly attached. The Commodore says more faithful or intelligent servico he has never seen rendered than did that young man give to a cause for which he had left country and friends, and had oome a perfect stranger to help them in their struggle for constitutional freedom. The fleet in the James river was for a long while in active. It seems that this young man’s spirit chafed, for he had come to fight, and so one night a splash was heard alongside of the ship, and soon a man was seen rowing over toward the enemy. There was a general discharge of gnns at him, but it was not known whether he was hit or who he was. The roll was called, and none was missing but the young Englishman. The Commodore was very much hurt by this, but he felt Bure it would be explained. A few days after wards there was a very heavy engage ment, in which Captain Pegram’s bat tery was in the thickest. After the fight Commodore Pegram received a message from his relative, saying there was a young Englishman with them badly wounded who wished to pee him- The Commodore went at onpe. Qgptftiß Pe gram told him that he had never witness ed such cool bravery in his life as this young man had displayed; that he knew he had come from his ship; he Jj.ad told all the circumstances. He had SWPffi out towards the Yankees to escape opr sentinels, but had turned as soon as possible and had swam to Captain Pegram’s battery where he had taken part in the fight and had been severely wounded in the leg and the shoulder, The Commodore had him taken to Mrs. Cary’s in Richmond and carefully nursed. While there an order was issued for an examination of men for office in the ordnance depart ment. Commodore Pegram furnished his yoj;ng friend with books and came two or three Cm 6B a week to examine him. The Commodore s@ys he pro gressed sj rapidly that soon he found himself unable to examine him, as he knew mor/s abouf; R th*P he did. He introduced the young woupded matt to aoertaingentleman in Richmond who had some very flue horses. This gentleman conceived such a liking for the intelli gent bravo young fellow that he offered him the pick of his horses if he would oome out Jifo. I in the examination. This the youth modestly Sfiid pppld scarcely be expected. Well, said the gefiUptnan, pass your examination aud yon shall have the second choice. The examina tion came off, and the young man same opt No. J. The best horse of the sta bles was given him, and still wounded aud against remonstrances he reported for duty. Before the w*r was over lie had pushed himself up to the first posi tion in his department. Commodore Pegram’s history is much longer than this, but it may be summed np in these words—that in all his experience of men he never met jpith more devotion to duty, more gallant action, seldom more ability than this young English man displayed on all occasions, and in every position, and now he has for him the most sincere and devoted affection. The circle to whom tfaesu tbiflgs were told were all so ignorant of them that it oocurred to us that many others were curious, and that was only due to ourselves that we should all know the record of one who has for weal or woe cast in his lot among us. This young Englishman, my fellow-citizens, is none other than F. W. Dawson, Esq,, one of the able editors of the Charleston News and Courier. Ail honor to whom honor is due. Respectfully, A. Toomer PoutEß. CONDITION OF THE CROPS. The tri4>Prospect In the Republic of Colum bia. f Correspondence Chrotiicleand CotutUutjonalist] Columbia County, Ga., August 15. After the long and fearful drouth, by the effects ot which corn has been cut of at least 13 per cent, everywhere that I have heard of (m some places jjo crop at all made), the rain has set in, of course in fodder palling time. Rut the Lord knows best, though I rather ex pect some of your merchants and cotton factors will wish the rains had fallen differently, at all events. Asa good many of them belong to the Y. M. C. A. I’ve no'douht $$ charity is the funda mental principle of jjh 3 religion they profess they will exercise it next year. I opine the cotton crop will torn ont much better than was anticipated. Where it has been worked it is well fruited §nd is now growing finely, al though ft Wm? but one month more to make in, and cqtjtoM ,wcs planted late, three weeks, I believe the planters con tend, later than usual. This is the finest fruit year we have had in many years; come up, and we’ll feed [you on peach pie, aud if it were not against Mrs. Hayes’ religion jrc’d try to still a little peach for your health —fe EfijSjJ none up here, Colombia county “branch water is strengthening enough for os. District No. 3. - THE INWAg lieu. Gibbon SUM ItC** I"** 1 "** Tb*l HeLioJ*e.i A Victor, Over the P"®* 9 ’ Chicago, August 17.—The following was received at military headquarters : “Deer Lodge, Mont., Aug. 15.—2 b Gen. Terry, Commanding Department: I have jnst arrived. The wounded are getting along well, thanks to the prompt assistance sent by the citizens of Helena, i Deer Lodge and Batter. They will reach here in three days. Gen. Howard left the battle field in pnrsnit day be fore yesterday. Only fifty of his in fantry were up, and I sent with him three officers and fifty men. I met Nor wood’s company of the Second Cavalry on the Big Hole, ad he is probably with Howard by this time, Cashing’s two companies of artillery passed here this morning in wagons, and I have or dered them to posh down the stage road at forty miles a day, if their stock will stand it. I have also telegraphed the commanding officer at Fort Hall to start some of the Bannocks np towards Lewhi and the mountain passes, to get infor mation as to which way the Nez Peroes are heading. They cannot travel rap idly tfitii Jheir wounded, and the next time they are struck they will be rained. Many thanks for yoar cordial recogni tion of onr services in jrqor dispatch of the 13th, received yesterday, [Signed] Gibbon, Commanding. The Memphis Ledger, with no other provocation than the fact that Mr. Or bns is a San Francisco policeman, goes to work and wantonly talks about a clear case of Collar ’em Orbns. THE CONVENTION. THIS AUTHORITY OF THE STATE OVER RAILROADS* A New Legislature to be Elected iu Decem ber—Local LeUlaliou—The State’* Right of Taxation— Too tub* and Brown In the Lfata—Are Kailway* Public Highways?—A Lengthy Di*cus*ion—The Debate and the Debaters—The Result. \ Special to Chronicle and Constitutionalist.] Atlanta, August 16—The Constitu tional Convention met in the Capitol this morning, at half-past eight o’clock, the President, Hon. Charles J. Jenkins, in the Chair. The Legislature Guillotined. After the reading of the journal Mr. Tuggle, of the Twenty-seventh District, moved to reconsider the action of the Convention yesterday in adopting the following substitute, offered by Mr. Hamilton, of the Forty-second Distriet, for paragraph two of section four of the report of the Committee of Revision on the Legislative Department: The first election for members of the Gener al Assembly, under this Constitution, shall be held on the first Wednesday in December, 1877. the second election on tiie first Wednes day in October, 1880, aud biennially thereafter until changed by law. The President said that a3 Mr. Ham ilton’s substitute had been adopted after a motion to reconsider paragraph two of section four had been carried, Mr. Tug gle’s motion for further reconsideration was out of order. Mr. Tuggle appealed from the decis ion of the Chair. The appeal was not sustained by the Convention. l.oral l.eidslatiou. Mr. Matthews, of the Thirtieth Dis trict, moved to reconsider paragraph fourteen of section seven in reference to local legislation by the General Assem bly. The motion to reconsider was laid on the table. Tbe Right of Taxation. Mr. Brown, of the Thirty-ninth District, moved to reconsider paragraph one of section one of the report on the power of the General Assembly over taxation, which wa3 adopted yesterday, as follows: Par. I. The right of taxation is a sovereign rig- t—inalienable indestructible—is tho life of the State, and rightfully belongs to the peo ple in all Republican governments, and neith er the General Assembly, nor any, nor all. oth er departments of the government, establish ed by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain, this right; and all laws, grants, con tracts, and all other acts whatsoever, by said government, or any department thereof, to ef fect any of these purposes, shall be. aud are hereby deolared to to null and void for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant, or contract whatsoever, by the General Assombly. Mr. Brown said he denied the truth of the proposition that the right of taxa tion is a right “inalienable and inde structible.” He failed to see why gen tlemen in the Convention were so anx ious to legislate corporations out of the State. At all events, he desired the section reconsidered, because it stated things which were not true and con tained assaults upon corporations which were unjust. Mr. Toombs, of tho Twenty-ninth Distriot, opposed the motion to recon sider. He said the right of taxation did belong to every sovereign State and per tained to every independent nation. The United States Supreme Court, whose decisions the gentleman (Mr. Brown) had cited to prove that charters are oontraots, and that no subsequent legislation by the State could revoke them, had always attacked the authority of the States over taxation and the right .of the States to looal self-government generally. He would maintain the su preme right of a sovereign State over taxation before all the Courts of the land—even before the High Court of Heaven. Mr. Hudson, of the Twenty-ninth District, moved to lay the motion to re consider on the table. The motion to table was carried. Some discussion then ensued over the mode of procedure in considering the report of the Committee on the power of the State over taxation. It was final ly determined to consider it by para graphs, as heretofore. Mr. Casey, of the Twenty-ninth Dis trict, was granted leave of absence for the remainder of the session, on account •of protracted sickness in his family. A memorial was presented from Rich mond Vale Grange of Richmond county, requesting the Convention to sustain the State Agricultural Department. It was read, Risi'rliiiiniuiun iu ltnilway Rates. The Convention resumed tho consid eration of paragraph one of section two of the taxation report, as follows : Par. I. Railways heretofore constructed, or that may hereafter bo constructed, in this State, aro hereby declared p iblic high ways, aDd railroad companies common car riers. The General Assembly shall pass laws to correct abuses, prevent unjust discrimina tions am) extortion in the rates of freight and passenger tariffs ou the different railroads in this State, and shall, from time to time, pass laws establishing reasonable maxinpim rates of charges for the transportation of passen gers and freights on said railroads ; establish by law uniform rates on the same commodities as nearly as practicable, and enforce all such laws by adequate penalties. Riiilroiiil Pools. Mr. Mynatt, of the Thirty-fifth Dis trict, offered tho following amendment to come in after the word “carriers ” in line five: And it shall not be lawful for them to charge for freights or passengers a greater amount for the transportation of the same for a loss distance than the amount charged for any greater distance, nor to chargo more for freights and passengers going in one direction titan foj: the samo class of freights or passen gers going "iii an opposite direction ovor tho same portion and distance o t the name line, nor shail they make combinations to divide earnings except upon the basis ot the actual earnings of oach road. Mr. Mynatt said that the system of polling earnings, as practiced by the railroad companies now, defeats compe tition aud should he forbidden. Is it wrong, he asked, to say that the Central Railroad shall not carry cotton two hun dred and eight miles from Jonesboro cheaper thf)n fron) Jonesboro to Atlanta ? Is it wrong'tp pqrrept snph abuses, or ganized for the solo purpose of concen trating trade at one given point to the in jury of all the others f Competition is the life of trade, but if pooling is allowed the community is robbed of all the bene fits that flow from competition. Even ex-Governor Brown, when Chief Justice of the Supreme Court, had favored just competition by railways as protecting the peopje against the overshadowing power of railway corporations. He read from Governor ’Brown’s recent memorial to the committee to show that he now entertained opinions exactly the reverse of those which he had expressed when on the bench. He explained the change by saying ttnjJ in one case Governor Brown was an impartial tludge ; in the other he was an interested party. the Convention adopt the views of the Chief Justice of the Supreme Court or the views of the President of the Western and Atlantic Railway ? The Convention seed not be afraid tg act in this matter. The correction of such abuse? would not injure the delegates with the people. Are Railroads Public Highways f The President, Mr. Jenkins, left the Chair and spoke to Mr. Gartrell’s sub stitute for the paragraph which was of ' fered yesterday, as follows : Every railroad fie, etc fere constructed, or to be hereafter constnicte'd; in tfie State, is de clared a public highway, in so far as tb ha ,reo to all persons for the transportation of per sona and property thereon under such regula tions as may be prescribed by law, and railroad companies are declared common carriers The Genet al shall paee laws to correct ‘ abuses, prevent unjust discriminations and ex tortion in rates of Ireignt £nd passenger tarifFs on different railroads in the State, and shail, from time to time, pass laws establishing rea sonable maximum rates of charges for the transportation of passengers and freights on said railroads, and enfsree all such laws by ap | propriate penalties. Mr. Jenkins said it was not true, as asserted in the substitute, tlmt railroads are public highways. The word “public” means pertaining ot belonging to the community, and if toiiways be indeed- public highways, then every ooufity owns the --t'on of the road which ps3es tn.rough po- - lath# Sri* pl“ ce every its territory. -.4 hsd iO fee simple, railway owns its ro_ jnq Then it levels down the upon its own soil, and at its own ex pense builds the wooden and iron su perstructure. Even so much of public highways as is covered by bridges and ferries is private property. Public high ways are improved and repaired by the public and at the expense of the pub lic, bat railways are kept in order by and at the expense of the companies owning them. If they axe public high- j ways then any gentleman who purchases a locomotive may put it on the Central, Railroad and run it at his pleasure. The assertion that railways are public high ways ia manifestly untrue. Mr. Cooper, of the Thirteenth Dis- 1 triet, said he came from a section or the i State which had felt the iron heel of op- 1 pression and which asked the Conven- i tion for relief from the tyranny of rail way corporations. He said he made no assault upon these corporations. He simply asked for justice at their hands. Whether railways are public highways or not the Supreme Court of the United States had declared that the States had the right to regulate the rates of transportation over them. Complaints against their arbitrary and unjust exac tions are now heard in every section of Georgia. The person who ships cotton from Albanv to Savannah pays ten cents less per bale than the shipper from Americas, although Albany is one hun dred and thirty-five miles farther from Savannah—by way of the Central Rail road—than Americus. Mr. Hammond, of the Twenty-second Distriot, said it was immaterial whether railroads were public highways or not. The great principle involved is, whether the people of Georgia will prevent ex tortions or abases by railroad corpora tions. For soma purposes railroads are public highways, and the Constitutions of Illinois aud’Miß6ouri so declare them. The people of Georgia had spoken un mistakably on this point, and had de manded that the Convention should say in the Constitution that there shall be no more discrimination, no more extor tion. When the Convention had done this, it would have done justice to the people it represented. Mr. Tift, of the Tenth District, op posed the adoption of the substitute. He said that it was true competition was the life of trade. He thought that if railway charges were unjustly made the Convention had the right to regu late them, but if they are below the ac tual cost of transportation at one place, it would be wrong to compel the com pany to follow this ruinous rate all along its line. He said the Convention did not have authority to prevent discrimi nations, because discriminations are the result of competition, bnt it did have the power to interdict unjustly high charges or extortion, and here their ef forts should end. Mr. Toombs, of the Twenty-ninth District, said lie denied the correctness of the position assumed by Mr. Jen kins. He cited authorities in support of his assertion that railroads are pub lic highways. He said they were built on the public’s land. They could not take tho land of private individala if it were for private uses. Ho had a right to go on a turnpike, which is a public highway, if he chose, yet he must pay the toll demanded and could only use it according to the mode prescribed by law. Mr. Wallace, of the Twenty-third Dis trict, spoke iu opposition to the substi tute. He said the very authority Mr. Toombs lmd quoted conclusively showed tho broad distinction between railroads and public highways. Alludiug to the difference in the rate of freight charged on a bale ot cotton from Albany to Sa vannah aniHrom Americus to Savannah he said that Americus would have the same advantage as Albany, when, like the latter, she has three competing lines ol railroads. Mr. Flewellyn, of the Twenty-fifth District, offered a substitute, which Mr. Gartrell accepted in lieu of his own, simply declaring rnilway companies common carriers. The substitute was laid on the table. Mr. Hammonds’, of tbe Thirty-fifth District, amendment to strike out the word “shall” in lines five and nine of the original paragraph aud insert the word “may” (so as to leave the matter optional with the General Assembly) was laid on the table by a vote of 94 yeas to 48 nays. Mr. Gartrell, of the Thirty-fifth Dis trict, moved to amend the original para graph by inserting after the word “highways” in line four the words, “in so far as to be free to all persons for transportation of person and property thereon, under such regulations as may be prescribed by law.” Mr. Toombs, of the Twenty-ninth District, said he thought this was a sensible amendment. Mr. Coats, of the Twenty-first Dis trict, moved to farther amend by add ing “railways heretofore constructed are declared public highways for travel or transportation under regulation of law, and railway companies are declared to be common carriers.” Pending action the Convention ad journed until 1 o’clock, p. m. At the afternoon session the argu ment upon the amendments and substi tutes to the second section of the report relative to the regulation of railroad freights was resumed and continued to the hour of adjournment without action. The discussion was participated in by Messrs. Collier, Guerrard, Screven and Toombs. The debate was very able and interesting. Gen. Toombs occupied the floor for one hour. The Treasurer Cannot Pay Any More Per Diem. The Attorney-General has decided that the Treasurer is not authorized to pay the Constitutional Convention any amount above the $25,000 appropriated by the Legislature for the purpose of defraying the expenses incurred. This amount was expended several days since. Pay of the Delegate**— l The Branch Bond*— Regulation of Knilwny**—Toouib*’ mono mania Lawton’** Speech - Hammond Against the Measure—Toouib**’ Reply—A Partial Victory For tbe Railway*—Suing Corpora lions—Jenkins’ Views—Toombs ou the State Road. [Special to the Chronicle and Constitutionalist.] Atlanta, August 17.—The Constitu tional Convention met in the Capitol this morning, at half-past oight o’clock, the President, Hod. Charles J. Jenkins, in the Chair. The Pay of Delegates. After the reading of the journal of yesterday’s proceedings, Mr. Edge, of the Twenty-first Distriot, called the at tention of the Convention to the question of the payment of the per diem, and mileage of the delegates. He offered a resolution that as the State Treasurer under the advice of the Attorney-Gen eral deolinps tq pay opt any money on account of tho Convention in excess of the twenty-five thousand dollars appro priated by the act of the General As sembly, the President of tho Conven tion appoint a committee of nine, one from each Congressional District, to consider the matter and report to the Convention what is proper to be done in the premises. Tho resolution was adopted. TIIO Branch Bond**. The President presented to the Con vention a communication from Maj. Thos. P. Branch, of Augusta [published in the Crroniple and Constitution alist yesterday morning], asking that the Courts be opened to Turn to adjudi cate his claim against tho State, on ac count of the Macon and Brunswick en dorsed bonds purchased by him on the faith of the action of tbe Legislature of 1871—’3, declaring them to be valid and binding upon the State. In presenting it the President said that strictures had been made upon him for presenting me morials relating to the disowned bonds, but he esteemed it his duty to present all memorials which were respectful in tone and language. A motion was made to lay the memo rial on the table, ftftt was lost by a vote of 49 yeas to 62 nays, and the me morial was referred to the Committee of Final Revision. Lawton on the Railway Report. The consideration of the report on the power of the State over taxation was re sumed, and Mr. Lawton, of the First District, spoke in opposition fo section two, giving the Legislature thp right to regulate the rates of freight and prevent freight discriminations. He said that this report was emphatically General Toombs’ leport, *hd W* B endorsed by none of the thirteen oommittees of the Convention. Mr. Fontaine, of the Twenty-fourth District, interrupting him, said that whether a committee endorsed it or not sixty or seventy delegates who were not on the committees favored the report. IJr. Gartrell, of the Thirty-fifth Dis trict, also eailed 1 attention to the fact that he had introduced an original reso lution on this subject soon after the as j sembling of the Convention. Mr. Lawton said he wished to detract : not from the credit of the gentleman as the originator of the resolution, but though introduced by him it was not acted upon by a single committee. The gentleman from Wilkes, like all other men, has a monomania, and that is op position to railroads. His report con tains utterances not true in principle i nor tenable before intelligent minds. The man of true courage will be caU'* ; tious about taking positions that are un j reasonable, but it is nothing new that I “fools rush in where angels fear to tread. ” { After ail the fi,Uߣticn js whether the in j terests pf i-Lc i pot of particular localities Of_cqrjgox i iiOffii ttri to be snbseryed. Who con ■* a&fpgratifips? Individuals, many stituiv. _ .q* of man in of whom are . • f them b*rd the Convention. Au - -* md gen worked and many are gre*. - <- eroas. Nearly all railroad stoex 1 owned by private individuals, earned by : the sweat of their brow. Widows, youDg women and children own stock invested by invitation of the State of Georgia. Then has the State the right to do them injustice ? Now who gave corporations chartered rights and in duced men to invest capital but the State ? The great city of Atlanta has grown up within the last forty years as* a railroad centre through the instru mentality of chartered liberties. Re ferring to the South Western Railroad, he said Americas may suffer from tem porary fluctuations ofjrates but the farm er who.carries his cotton a little far ther to Albany pockets the difference and the State never loses a dollar. By discriminations railroads have fur nished power and capital to Georgia, though at times, by accidents, the trade of some places obtains an advantage and a discrimination over others. Bnt there is no equality any where, save before the law. Men differ and are inferior to each other, as one star differs from another. Shal lthe Creator be arraigned for this? Than why attempt to beat down temporary advantages or subvert accidental benefits ? It is too late to say charters are not contracts between States and corporations. The very last Supreme Court decision announces this fact. I am unwilling that sixty millions of capital shonld be ground to the dnst and railroads be rebuilt by the gentleman from Wilkes. He knew nothing of his capacity to rebuild. Her bert Spencer says the greatest difficulty in the age is too much legislation. We try to make water run up hill and pre vent men from reaping inevitable ad vantages. The term “discrimination,” so vaguely used, prevents excursions for Sunday School celebrations, accommo dations to ministers or agricultural fairs. Shail not persons who own the property be allowed to encourage struggling in dustries ? Are we prepared to put such a sweeping term in the Constitution ? We are treading on dangerous ground. The cry of “the people” is only a blind to cover the idosyncrasy of the gentleman from Wilkes. * This scheme can have no practical interest. Let gentlemen be ware, lest the people of Georgia in an evil hour throttle their own prosperity. Railroad management in Georgia is most skillful, and everywhere is consider ed an exception to the wild schemes which finally turn railways over to receivers. Until something is done to give me the magnificent proportions of my friend from Wilkes, until something is done to prevent Atlanta from outstripping my own City by the Sea, until something be done to prevent the unequal shining of of stars, the time will not arrive to pre scribe railroad rates of transportation. Mr. Hammond, of the Thirty-fifth District, said that Illinois had fixed rates of uniform transportation but abolished them. lowa repealed the same law in a year. Pennsylvania in 1873 adopted it in her Constitution, but never incor porated it in her public laws. Missouri copied it, but has had no experience up on the subject. If abuses have al ways existed then the Cobbs, Jacksons, Jenkins and Toombs, who did not regu late this in timei past, were faithless to duty and recreant to honor. In 1691 England regulated teamsters’ rates. In 1827, when the first whistle blew, the act was repealed, and Parliament with its power never enacted it since. There are no laws on discriminations in France. These facts only show that even empires find it inexpedient to enforce such laws. We cannot regulate freights in Georgia without regulating them in all the States of the Union. It is a saored thing to shake the pillars upon which the proper ty of one’s country rests. Mr. Toombs—“Better shake the pil lars of property than the pillars of liberty.” Mr. Hammond, continuing—“ Look at the history of Georgia from the time railroads were first built. Cities have grown, farms have bloomed and wealth b3en pressed into the coffers of the State. I would not have helpless wid ows’ incomes swept away by blows at railroads. It takes a stronger power than the Convention of Georgia to sub vert contracts and overturn principles established by long lines of legal de cision or firmly rooted in the hearts of the people. When learned men on one side tell me the move is right, but can not among themselves agree, while others with unanimity tell me the re verse, I will say the move is too hazard ous, and I, for one, decline to make it. But no two gentlemen seem to agree upon the objects or means. All mean to do good, but this scheme is a hydra headed monster, of which I am afraid. If this is wise, it is strange these gentle men did not agree or did not insist upon amendments before the committee.— This is a business affair. Let us deal with it, not with passion, but as our best interests dictate. Mr. Wofford, of the Forty-second Dis trict, said the common platform of equality and justice was based upon middle ground, so as to fix uniform maximum rates rot inconsistent with the interest of stockholders and the pub lic welfare, being alike just to both. Mr. Warren, of the First District, in sisted that we are here to legislate for no class, we are not here as stockhold ers nor as the hereditary enemies of railroads. He wished merely to regu late local freights and not build a Chi nese wall around the State to drive out through freights. Mr. Holcombe, of the Thirty-ninth District, favored restraining corpora tions within just bounds, just as he would restrain individuals from going beyond the bounds of justice; but do not let the Convention endeavor to fix these matters. not five men here who can frame a* railroad schedule between Atlanta and Chattanooga with out killing every one on the road. I admire the gentleman from Wilkes, but unfortunately he has always been more powerful to pull down than build up. Do not let us vote in the dark, gentle men, but consult the best interests of the State. Do not let us follow either extreme. Mr. Gartrell’s amendment as accepted from Mr. Coats yesterday was tabled. Mr. Toombs, of the Twenty-ninth District, said that where there can be competition the principles of Mr. Law ton are correct, but where there can be nocompetition.asinthecase of railroads, they are wrong. Monopolies are spolia tion, and railroads being monopolies are spoliators. Competition is liberty. If the gentleman can show me free trade in transportation I give up, What greater power has the King of England than the people of America ? Both are sovereign and have power to prevent monopolies, and a corporation being the creature of the law has no power save that given it by its great master, the State. Equal rights embody free trade here. The State has already exempted roads from taxation, and they stand to it like the grip the devil has on a lost soul. Legislation is necessary to protect the stockholders. We wish to protect tho ignorant against the artful and skillful. Government in Georgia and in nearly all States has power over corporations. Railroads in France, Eugland and Ger many have not broke through uniform rates. They are not big enough fools to fix unalterable rates. In the Constitu tion the State has contributed to rail roads rights and money. Competition is liberty to the people and prosperity to the State, Without action the Convention ad journed until 4, p. m. AFTERNOON SESMIQN. When tho Convention reassembled Mr. Hudson, of the Twenty-ninth Dis trict, said he thought the Convention should dare do right, and that if the Convention adopted the amendment of the gentleman from Wilkes their action would meet the hearty endorsement of the people. To bring the body to a direct vote, he moved to table the amendment of Sir. Warren. Lost by a vote of 80 yeas to 95 nays. Mr. Warren’s amendment was now read as follows ’ “Railroad companies operating rail roads in this State are hereby declared to be common carriers. The General Assembly shell have power to pass laws regulating freights and passenger fare on railroads, and when local freights are unreasonable and extortionate it shall be the duty of the Qeneral Assembly to pass such laws. The General Assembly shall, from time to time, establish maxi mum rates of freight and passenger fare in this State, which shall|be uniform on all railroa4s ip the State and which are just to the people and not destructive of the property or rights of the stockhold ers and creditors of railroad com panies, and [such as shall make no discrimination nor give any advantage to the people along the line of a railroad in one section of the State over those living near and having busi ness relations with a railroad in any other section of the State. But such laws shail not destroy the distinction between local and through freights, which exist and are recognized generally throughout the United States ; nor shall they be so framed or executed as to cut off through business by making rates upon it uniform with local business, or to drive through business around the State, which would otherwise pass over the railroads of this State; nor shall they give competing lines between com mercial cities, which pass around the State, such advantages over lines pass ing through this State, as to cripple the latter and divert their business in favor of lines outside of the State ; noy shall they give any advantage to one line over another competing line in this State. Rfjb&tpa gjialj never be paid, directly or indirectly, by any rajlroad company in i this State, on any through q$ com petitive business. ■ Adopted by a vote of too yeas to 76 pay a, as a substitute for the section. Pay Qt Delegates. The President announced the follow ing as the committee under Mr. Lclge s resolution to look into the question of the payment of the per diem and mile age of the delegates : Messrs, Edge, of the Sixth Congressional District; Screv en, of the First; Davis, the furlow, of the Third; Buchanan, of imT Fourth ; Crane, of the Fifth; Robert son, of the Seventh; Lewis, of the Eighth', and Reese, of the Ninth. Messrs. Lewis, Reese and Buchanan asked to be and were excused from serv ing on the committee. Discrimination Tabled. Paragraph two of section two was read, as follows : Par. IL No discrimination in charges, or fa eilitiea for transportation, shall be made be tween transportation companies and individ uals, or corporations, or in favor of either, by abatement, drawback, or otherwise, and no railroad company, or any lessee, manager or employe thereof, shall make' any preferences in furnishing cars or motive power. On motion, it was laid on the table. Right of Eminent Domnin. Paragraph three was read and adopt ed, as follows : Par. 111. The exercise of the right of emi nent domain shall never be abridged, or so construed as to prevent the General Assembly from taking the property and franchises of in corporated companies and subjecting them to publio use. the same as property of individ uals ; and the exercise of the police power of the State shall never be abridged, or so con strued. as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals, or the general well being of the State. Forfeiting Charters. Paragraph four was read, as follows : Par. IV. Any one or more citizens of this State may, in his or their own name, or in the came of the State, at his or their own expense, institute proper legal proceedings, by quo warranto , or otherwise, in the Superior Courts of this State, to inquire into any and all viola tions ef the charters of any railroads, or other corporations of this State, and have judgment of forfeiture against said railroads, or other corporations, in the same manner, and to the same extent, and for the same causes, as the Stite may now do for violations of law. Mr. Johnson, of tho Thirtieth Dis trict, said he opposed the adoption of this paragraph, because it exposed sixty millions of property to reckless and wasteful litigation. Mr. Toombs, of the Twenty-ninth District, advocated the adoption of the paragraph. He said that every man ought to be able to defend public rights as well as his own. “The Legislature re fused me power to sue Simon Cameron, Delano and others for stealing the property of the State, under cover of a corporation. Any man, at his own ex pense, ought to be able to stand up for public rights. You may sue yourselves, sue a negro, but not railroads. To this complexion has it come at last. Any corporation in the State can sue me, but I can’t sue a siugle corporation except for personal injury.” Mr. Jenkins, of the Eighteenth Dis trict, said he did not favor allowing cor porations to violate their charters with impunity. In England complaint is lodged with the King in Council. Forty years ago the Georgia Leg islature was notified that a bank in Augusta had violated its charter. As the Attorney-General ho filed a writ of quo warranto in Richmond Superior Court, and after a thorough sifting the charter was forfeited. Here was a dig nified proceeding, but if any and every man bo allowed for every imaginable offense to sue corporations, the persecu tion will be intolerable. Again, a man afraid himself to sue corporations, might hire others to institute suit. Vin dictive men may thus blackmail corpora tions. I hope never to see the day in which the sovereignty of Georgia is thus degraded. Georgia has now several roads on her hands which it would be wise to sell, but you cannot do this without transferring to the purchasers the charters now of force. You will of fer to sell in vain if you so incumber tho corporations with vexations burdens. Without action the Convention ad journed. <•> Discrimination lit Freights Up Again— Fri day’s Action Reconsidered—Tuggle Thinks lie Secs Brown Reese’s Amendment Adopted The Forfeiture of Charters Toombs and Jenkins Again Engage. [Special to the Chronicle and Constitutionalist J Atlanta, August 18. — The Constitu tional Convention met in the Capitol this morning, at half-past eight o’clock, the President, Hou, Charles J. Jenkins, in the Chair. Freight Discrimination* Again. After the reading of the journal of yes terday’s proceedings, Mr. Tuggle, of the Thirty-seventh District, moved to re consider Mr. Warren's substitute for paragraph one of section second adopted yesterday. He thought tho language too vague. For himself he could not make any meaning out of it. He considered it a pious fraud, and asked Mr. Warren if ex-Gov. Brown did not write the amendment. Mr. Warren, of the First District, said Gov, Brown did not. It was the production of a number of gentlemen and a consolidation of their views. Mr. Toombs, of the Twenty-ninth Dis trict, said “the Convention can not en large, and ought not to diminish the power of the Legislature over corpora tions. Tho State ought to retain to herself, however, the power to control these things. I see in the amendment of the gentleman from Chatham certain sentences contained in an argument made by the distinguished ex-Governor before the committee. This power of the Legislature over corporations was embodied in every Constitution in the United States. Shall Georgia hereafter govern corporations or corporations gov ern Georgia ? Choose ye this day whom ye shall serve.” Mr. Matthews, of the Thirtieth Dis trict, said he saw no ambiguity in Mr. Warren’s amendment. It is pure Eng lish, whether drawn by Gov. Brown or Mr. Warren. Its guarded language was right. All power should be guard ed and limited. This amendment was clear, wise and just. Mr. Seward, of the Seventh District, said he thought wo clothed the Legisla ture with no new power by thi3 amend ment—on the oontrary, it destroys its present power by allowing roads to fix their own through and local rates. Mr. Warren’s amendment was recon sidered. Mr. Gartroll, of the Thirty-fifth Dis trict, moved to reconsider the tabling of Mr. Reese’s amendment yesterday. Car ried, and the Convention on this sub ject, found itself exactly where it began three days ago. Messrs. Featherstone, Sibley, and Wellborn were appointed to fill the vacancies on the Ways and Moans Com mittee. Mr. Warren withdrew his substitute to avoid embarrassing the Convention. Mr. Reese’s amendment was as fol lows : Tho power and authority of regulating rail road freights, passenger tariffs, preventing unjust discriminations and requiring reason a ie and just rales of freight and passenger tariffs, are hereby conferred on tho General Assembly, whose duty it shall be to pass laws, from time to time, to regulate freights and passenger tariffs, prevent unjust discrimina tion on various railroads of the State, and prohibit said roads from charging other than just and reasonable rates, and enforce the tjame by adequate penalties. It was adopted as a substitute for paragraph one of section two, by a vote of 132 yeas to 14 nays. This was identically tho resolution of ferred by Mr. Gartrell before the com mittee. Paragraph four was tabled and paragraph five taken up, as follows : Revocable Charters. Par. V. The General Assembly shall not re mit the fore ture of the charter of any cor poration now existing; nor alter or amend the sam’, or pass any other general or special law for the benefit of said corporation, except upon the condition that such corporation shall hereafter hold its charter subject to the pro visions of this Constitution, a"id every amend ment of any charier of any corporation in this State, or any special law for its benefit, accepted by them, shall operate as a novation of said charter, and shall bring the Bame un der tho provisions of this Constitution. Mr. Brown, of the Thirty-ninth Dis trict opposed the adoption of the para graph. He said he thought this a dan gerous measure and one which ought to be stricken. The State has already granted some corporations certain ex emptions ahcl now we do not propose to stand qp to it—so says the gentleman from Wilkes. Mr Toombs: “Not a bit of it. I couldn’t take away those privileges if I would. I simply say they shall have the benefit of no new legislation unless they corns UDder the pale of the Con stitution, where everything comes.” Mr. Brown : “But it deprives them in directly. We say through this para graph they shall reap no further advan tages unless they first foreit their char ter.” He moved to thus amend the para graph : “Provided this section shall not extend to any amendment for the pur pose of altering any existing railroad, or allowing it to take stock in aiding in building any branch road.” As amended the paragraph was adopted. The period after the word “existing,” in the third line, being replaced by a comma. Private Charters. Paragraph six was read, as follows : Par VI. In all cases of private charters, hereafter grart ed. the State reserves the right to alter, amend, or annul the same, and with draw the fyanehisa, ig the opipioln of the General Ateembly, tho public interests may demand it. lip it the dissolution of a corporation, ail of its property or assets of every description shall constitute a fund; First, for the payment of its 'debts, and, then for equal distribution Among Hit members, ac cording to'their eeydral interests. Mr. Hammond, of the Thirty-fifth District, moved to amend the paragraph by q44ißg t° the sjeqtpqop the words “ia such a maqner, however, that no injustice be done the corporators. Mr. Jonkiffs, of the Eighteenth Dia t,;et denied that the language of the paragraph was same as tb® language of tho ttode, which Mr. Toombs asserted. He said it ‘was a wise policy to sell the State's railroads. The State cannot run , -‘bout loss. Hut you will have them w. - —a the charters, to transfer to purchase.- J and, gentlemen, you may heed it or no*, but I tell you to-day, and you may mark it, that if yoff put this restriction in your Constitution'and make alt charters subject to this limitation —that the Leg islature may in its discretion repeal in one year the charters it has granted the previous year—if you do this yon need not put your roads upon the maiket for, they will not sell. • . Without action, the Convention ad journed until 4, p. m. AFTERNOON SESSIUN, Mr. Edge, of the Twenty-first Dis trict, reported from the Committee on Ways and Means that the President of the Convention negotiate for the resi due as the necessary pay for the Con vention’s expenses, the loan to be ef fected at seven per cent. Adopted. It is rumored that Gen. Toombs will fur nish the funds. A Paragraph AbolUlirtl. Paragraph six was resumed. Mr. Wallace, of the Twenty-third Dis trict,said : I don’t believe the Georgia Leg islature can deprive a corporation of its rights. It should not be so. Other wise the effect on future investments will be appalling. Millions of money in investments will be ruined and future enterprises stifled. Mr. Toombs (Robert), of the Twenty ninth District, said: Tlie government of corporations is the meanest govern ment on earth. They’re enemies of the race, and deserve extirpation. In Mas sachusetts, New York and Pennsylvania corporations are under the authority of the government. I move to table the amendments, and defend publio liberty and public right. Lost. Mr. Brown, of the Thirty-ninth Dis trict, moved to adopt Mr. Hammond’s amendment. Carried by a vote of 95 to 55. Paragraph six, as amended, was r.ot adopted; hence abolished. Monopolies Not to Be Encouraged. Paragraph VII. was read, as follows: Par. VII. The General Assembly of this State shall have no power to authorize any corporation to buv shares or stock m any other corporation in this State, or elsewhere, or to make any contract or agreement whatever, with any r-ucll corporation, which may have the effect, or be intended to have tho effect, to de feat or lesson competition in their respective business, or to enoourago monopoly ; and all such contracts and agreements shall be illegal and void. Mr. Hill, of tho Twenty-eighth Dis trict, could see nothing in corporations to necessitate such extraordinary safe guards around them. Ho was interested in no corporations, and therefore occu pied neutral ground. Mr. Tift, of the Tenth District, thought competition ought not to be abrogated among railroads any more than among business men. Hs hoped the paragraph would bo adopted. Gen. Toombs oil Monopolies. Mr. Toombs, of the Twenty-ninth District, said: Take away competition and you have monopoly, and monopoly is death. You are legislating against the judgment of twenty centuries. Georgia made tlieso roads for competi tion. Join with the robbers. I appeal to the people. Mr. Brown, of the Thirty-ninth Dis trict, moved to insert tho word “ rail road ” before “corporation” in the paragraph. Ho did not wish to prevent all corporations from assisting or uniting. Mr. Collier moved to insert after the word “ elsewhere,” in Hdo 36, the words “ except to aid in building railroads and branch roads in the State.” Sent to the Table. Mr. Reese, of the Twenty-ninth Dis trict, said : This is absurd. Tho whole principle is that we will encourage com petition, yet here we allow railroads to build other roads. He hoped the origi nal paragraph would stand. He was a railroad man, but could vote as freely on these things as any other man. Vote for the paragraph and you will do your selves and people a great service. Tho Brown and Collier amendments were tabled. Paragraph seven was adopted un amended. No Rebates or lSoiiugse*. Mr. Robertson, of the Thirty-fifth Distriot, offered the following as an ad ditional paragraph: “No railroad com pany shall give or pay any rebate or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the publio as to rates paid for freights or passage, and any such pay ments shall be illegal and void, and their prohibition shall be enforced by suitable penalties.” Adopted. Paragraph eight was read, as follows, and adopted, unamended: Par. VIII. No provision of (his article shall bo deemed, held or taken to impair the obli gations of any contract heretofore made by the State of Georgia. Paragraph nine was read, as follows: Par. IX. The General Assembly shall enforce the provisions of this article by appropriate legislation. The paragraph was adopted, and the report, as amended, adopted. Mr. Pierce, of tho Twentieth District, gave notice that on Monday he would move to take up the report on tho loca tion of tho Capitol. The Convention then adjourned. SEVENTEEN PAUPERS BURNED. Details of the IleartrnntiiiiK Calamity ia a Canadian Aliiin-Hoiinc— Heroism of a Pour Old Rliud Mutt. A telegram from Sitncoe, Ontario, to the Chicago Times, gives tho following account of the scenes attending the burning of an alms-house, with its at tendant lamentable loss of life, on Sat urday evening last: “At 10:45 o’clock on Saturday even ing fire was discovered in the poor house on th<? Industrial Farm of the county of Norfolk, and about one mile from this town. The building was very old, dry and built of wood. The fire originated in the coutre of the building, down stairs, and spread so rapidly that before any alarm could be given, both stairoases wero in ruins, thereby cuttiug off retreat through the doors. The inmates were sleeping both on the ground floor and first floor above, the men on the one side and the women on the other. Very few people wore at tho scene of the con flagration, owing to tho distance at which the poor house was situated from the town. The fire alarm was not sound ed and no fire engines or firemen wore present. Meanwhile the flames spread rapidly and, notwithstanding the ex treme exertions and complete presence of mind of an old blind man, an inmate of tho building, who went through room after room and awoke the men and boys and controlled them to the beat of his ability, the inmates lost all control of themselves and were as helpless as in fants. The blind man foroed five or six out of the window above and worked until the flames and smoke compelled him to seek safety in flight. Notwith standing his efforts, niuo of the males perished in the flames. Meantime, someone in the crowd forced an entrance from the outside to the female department, and succeeded in awakening all the inmates. They were, if possible, more excited than the men, and although many jumped out of the windows at a distance of 12 feet, others could not be induced to leave. Owing to the rapidity with which the flames spread the time was very short, not exceeding from the first twenty-five minutes before the greater part of the building was in flames. Meanwhile, the grounds surrounding thft building were in a state of great confuaion. Men and women were running like mad people, some half dressed and some with noth ing on but a night shirt, crying and ut tering tho most pitiful shrieks. During this time the crowd were witnessing a sad and heartrending scene. Men and women could he seen through the open windows seated on their beds, and the flames rapidly licking the bed clothes and their own scanty clothing. One woman went down stairs, and when she found all retreat was cut off in that direction she sank down on the stairs and perished. She was plainly visible through the open door, and many a brave heart sickened and turned from this most horrible spectacle. Another woman threw two of her children out of the window and then jumped herself. Fortunately, some men underneath caught both mother and children, After a lapse of 15 or 20 iqinutea the floors and walls gave way and left nothing standing but the frame. Then the vic tims could plainly be seen in the ruins burning. This was the most sickening scene that the crowd had to withstand. Soon the frame fell, and in a very short time all was buried in smoke and ashes. There were seven men, eight women, and two boys burned to death, and four men who escaped were badly burned, and one man had his leg broken by jumping from the window. These un fortunates received all possible atten- tion. They were oonveyed at once to the county jail, (n this town, and received medical aid from Dr. Hayes, the poor house surgeon, and tender care from the amiable wife of the jjaijev- It is feared that one man, nqiqed John Oavinne, will not recover. Those vfho escaped were well cared for. They were temporarily housed in the barn and a small hoqse op the premises, and attended to by the matron of the poo* nouse. There were 40 in mates, 23 of whom escaped and 17 per ished in the flames. At an early hour Sunday morning two large wooden boxes were made, and the charred bodies were carefully collected and placed in these coffins. Dr. John Watson, Coroner, im paneled a jury, an 4 a inquest was held. It was, however, postponed until 7, p. m., Wednesday, to be held in Simcoe. The remains were buried at 5, p, m., Sunday, ia the poor house burying ground, in two graves. From an early . RntulaV morning until long after dark in the evening the towns people visited the late scene of disaster by hundreds, and maov came from ■ sur rounding towns and villages to witness the most ruinous fire and loss of life ob record in the county of Norfolk. Few men are aware of the importance of checking a cough or common cold in its first stage. That which in the be ginning would yield to a mild enemy, if neglected, soon preys upon tbe Lungs. Dt\ Bull’s Cough Syrup affords instant relief. Price, 25 cents. A MATRIMONIAL ROMANCE. Adventured of a Wife Wlio Ran Away Freni Her Husband—An Elopement and Ten Year* of Suffering—A Checkered Career—A Repentont Wife—Remarried to the Hus band She Deserted. Elmira, Augnst 13.—About ton years ago the wife of Amzi S. Tiner, a pros perous miller of Winchester, Pa., eloped with a young man named George Mills, a clerk in the store of Uri Gates, father of Mrs. Tiner. The match between Miss Gates and Tiner was made by her father against his daughter’s wishes. She de sired t* marry young Mills. She had been married less than a month when the elopement took place. Tho runaways were followed b.v tho husband as far as Wheeling, W. Va. There all trace of them was lost, and nothing was heard of them afterward. In 1870, Gates, the father of the runaway wife, died. He made a will, leaving his property, val ued at $20,000, to Tiner, the daughter having been his only child. There was in the will a provision that if any news should be heard of the daughter within two years after her father’s death, and she was in want, she was to receive the interest on SIO,OOO for one year at seven percent.., to be paid iu installments of $lO a week. If, at the end of a year after her being found, she had not voluntarily returned home and begged her hus band’s forgiveness, no further claim of her’s ou the estate was to be allowed. In the event of her being with Mills, if found within two years, she could have no claim against the estate. If she returned repentant within a year, the exeoutors of the will were to provide her a suitable homo and allow her $lO a week as long as she lived. Tho execu tors were Amzi S. Tiner Rnd Myron Pool, a cousin of the testator. Tiner made every effort to find some trace of bis long missing wife, but fail ing, procured a divorce from her in 1872 and married again. His second wife died in 1875, leaving him two chil dren. On the 23d of July last a letter addressed to Mr. Gates, aud postmarked Litchfield, Minn., was handed Mr. Pool, as one of the executors of tho es tate of the deceased. It proved to be from tho runaway wife and daughter. It breathed a spirit of repentance, aud de clared that the writer was anxious, after ten years of suffering, to ask forgive ness of those she had wronged, and bo permitted to come home, if only to be a servant. Pool went with the letter to Mr. Tiner. The latter resolved to go at once to Litchfield. He was accompanied by Mr. Pool. On Wednesday last Tiner aud tho wife who had deserted him ten years ago, and whom he had found working as a seamstress in a Litchfield family, arrived iu Elmira, where he has relatives. The story of his wife’s life since she left him satisfied him that, while she had compromised both his anti her honor, she was more sinned against tfiau Binning, and they were re married in St. Paul ou tho 4th inst. The runaway wife’s story is substantially as follows : She accompanied George Mills only as far as Wheeling. There he left her to go to St. Louis. She thon went to Indiana. She refused to become his companion until she could legally be come his wife. He had SSOO. Ho gave her S2OO. She went to LaFavette, Indi ana, where she obtained ~n divorce, through the agency of a divorce lawyer named Dowditoh, being in tho place but a few months. Mills, meantime, had gone to the plains, and brought up in Central City, Colorado. She joined him there, aud they were married. Mills made considerable money by supplying miners with stores, and they lived con tentedly together for a year. Then Mills fell into the habit of gambling; ha squandered all his gains, and his busi ness passed into other hands, They theu went to Utah. Mills got a position ns a mining clerk at Coriune, end for a time was steady in his habits. The life of a clerk was not stirring enough for him, however, and he finally resigned the position and went to Salt Lake City. There, in company with a miner named Olney, he opened a faro bank. He be gan drinking, and abused his wife. To cap the climax of her misery, Mills joined the Mormons, and added two more wives to his family. This indignity the unfortunate woman, who had left her home aud friends for Mills, could not brook, and ono night, in 1871, sho ran away from his house, and after months of hardships reached Denver. She was a year and a half in that place, working in a hotel. While there she read the account of the killing of Goo. Mills in Salt Lake City by his partner* Bill Olney, while quarreling iu their gambling saloon. In 1873 she engaged as waiting maid to an English lady who was traveling with a party in tbe Rocky Mountains. Sho visited New Mexico, ihe Spanish Peak and ull the principal points of in terest thereabouts, with the party, re turning to Denver iu 1874. There she lett tho party, and started East. She was prostrated with fever in St. Louis, and all of her money was used up before she was able to loavo. She then en gaged as traveling companion to a Mrs. Van Atta, of Now Jersey, who, with her husband, was going to Minnesota for her health They traveled through the State until September, 1876, when Mrs. Van Atta died, in the vioinity of Itaska Lake. Having some money, she de termined to return to her old home. On the way from the lakes to the railroad, some fifty miles, she was robbed by her guide, a lialf-broed IndiaD. Sha walked thirty miles to Brainerd, ou the Mis sissippi, and had been working ns a seamstress iu different towns there abouts evor since. Her health failing, she feared she would die in a strange land before she had told her story to hor father and received his forgiveness, and sho wrote tho letter that resulted in so unexpected a sequel to her tea years’ bitter experience. Mr. and Mrs,. Tiner loft Elmira last evening ou their return to their old home, apparently as happy as if there had never been a shadow in their lives. THE CAUSE OF PUBLIC EDUCATION. Hon. Joseph 11. Cumming’* Address lo (ho Teacher*’ Con vent ion. [Cor. Macon Telegraph ami Messenger.} You will indulge me, I know, while on this subject, in a few words concerning the admirable address of Hon. Joseph B. Gumming, of Angusta, delivered Thursday. Mr. Cumming, as most of your readers are aware, is a gentleman of line scholarship and liberal culture. In manners, he is the genuine Southern gentleman—refined, dignified and mod est. As I listened to his chaste and eloquent words, coming forth like tho olear water from a bubbling spring, pure and free, and followed him through his well rounded periods, whose force was made yet more forcible by a modesty and regard for the feeliDgs of others who might differ from him, that was re freshing as they are rare, I felt that the speaker was himself a splendid illustra tion of the Grecian and Roman orators and statesmen with whom he contrasted the average stump speaker and politi cian of our day. Mr. Gumming has evi dently given much thought to this mat ter of the establishment of an efficient public school system for our State, and his opinions are entitled to the serious consideration of her patriotic citizens and statesmen. Mil w HON. RALEIGH TANARUS, DANIEL. Hudtlen Death of the Attorney-General ot Virginia. Richmond, August 16.— Hon. Raleigh T. Daniel, Attorney-General of Virginia, died this evening, after two days illness, from hemorrhage of tho bowel*, aged 72. Ho was renominated for the same position by the Conservative Convention last week, at which time he was in appa rent good health. He made one of the best speeches before that body in accept ing the nomination. He has been in publio life over forty years, during which time he has held numerous places of the highest trust. He was recognized as one of tbe foremost legal minds in the State. The community was greatly shocked at his sudden death. HOUTIIERN RAILWAY LINER. Annual Meeting at Harategn of Mouther* Hallway Managers. Saratoga, August 17.—At the annual meeting to-day of the managers and others interested in Southern and South western railroads, E. W. Cole, President of the Nashville, Chattanooga and St. Louis Railroad, was reappointed Chair man,, and T. R. Scott, President of the Richmond and Petersburg Railroad, was reappointed Secretary. After discussing the question referred to in the call of July, a general committee was appointed, with power to appoint sub-committees, to report on various topics of railway management to the meeting to be held hero August 15, 1878. The attendance was quite large, Ramia Buying Cotton. New York, August 18.—To-day the agents of the Russian Government, in this city, purchased fully 4,000 bales of cotton on the Cotton Exchange, at full prices, and it will be exported to Russia as fast aa possible- Siuqe the outbreak of war tlje transactions iq cotton on Russian aoeount have involved fully 35,000 bales, worth about $2,000,000. , The Mlrrtßf Tell* A flattering tale to those who are sen sible enongh to beautify their mouths with BOZODONT, which makes the teeth as white as alabaster, besides ren dering the gnms rosy and the breath sweet. No toilet service is complete without this famous dentirifioe, j