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THE PAIL ST BUN
Tuesday Hobmzbgi..- JamL ABi 16.
Office in the Sun Building, Went
i of liroad street, Seoona Door South </
Nets Advertisements always found
■m First Pag* ( Laced and, Businas Notices
on Fourth rapt,
kUglc C«plM r>fthf nmu F*r «»le *« **•
C#«*ler.
DAILY , »<*■!■
WEEKLY *'
The lien. Qmtic. II. I’f ndleten
M the Mtaatlah.
We give oar feeder*, to day, e recent
letter of thh dixtingauhed eteteenun of
the Went, on the present politic*! pros
jieets of the oountiy.
The letter wee written in reply to *n
invitation of s Committee of Democrats
of Wooster, Ohio, requesting his pret
ense with them on the 8th of Jsnosry.
With the general tone of this letter we
ere well pleased, and commend it to the
careful perusal of all who feel that inter
eat in the approaching Presidential elec
tion, which should be felt by every patriot
In the land.
Hr. Pendleton, it will be seen, is for
no “departure," or "psasirity," on the
part of the Democracy, in the coming
contest, bnt tor'standing by “the princi
ples and example of the founders oi the
Party."
He is for an open and square contest,
as we understand him, with the Party in
Power, on "the two great dangers" which
now “imperil” onr Free Institutions.—
These are Centralisation and.Corruption
in the administration of public affairs.
It wai against these two great dangers,
mainly, that the Democracy was organ
ised in the oontest cf 1800.
Hr. Pendleton most truly says, in
speaking of “the present organisation of
the Republican Party,” that: "Its/out,-
" datum, its philosophy, its history, and Us
“ leaders rtoogniss military power and the
" corrujding use of money by official pat-
“ ronaye, at legitimate forces in ordinary
“ civil administration, and now, more than
“ ever, art they brought into active exercise.
“ The Democratic Party confronts this
“ theory, and denounces these practices."
This fa staling the living issues ot the
day in a nut-shell.
On aome points, however, we do not
agree with the distingniehed author of
this letter, as onr readers well know.—
One is the idea, incidently expressed, that
the Democracy, at present, do hot em
brace a majority of the voters of the
Union.
In speaking of the incorruptible and
undaunted material of which this Party
is oomposed, Hr. Pendleton says: " It*
“ powerful organisation enters every vil-
“ Inge in the land, and numbers smoeg
“ its adherents nearly one-liali Ute people
“ — aa intellectual, as pure, as patriotic,
“ aa unselfish, as any of their fellow-citi-
11 sens” From tho idea thus incident
ally conveyed, that the real, and true
Democracy of thla country on tha issues
n0 uramiaiu liist the t)emocrncy, organ*
ised upon “the principles and example
of the fouudenof the Party," eonstitutea
decided majority of the pcoplo of thcao
States. If they have met with reverses in
recent olaotions,it was because the great is
sues against the usurpations and corrup
tions of Power, which tho masses were
eager to meet, were not presented by
their lenders, In many piaoos in these
elections, they were oven called upon by
their timid or treacherous leaders to
sanction and approve aome of the most
odious of the measures of tho Central-
ixing Ruling Dynasty. This, thousands of
them, end hundreds cf thousands
would not do, and never will.
Bnt election statistics abundantly show
that tho Democracy, organized upon the
square issue, os above presented by Mr.
Pendleloa, wiff carry not only a decided
majority of the Btales, iu tho coming
election, but a very large majority of the
electoral votes.
We have nut space to say mors upon
this suhjsct to day. Wo shall rooor to it
hereafter. A. H. a
D«ga and Sheep.
A correspondent in to-day’s issue of
Tnn Sex proposes to the Legislature,
slucm that body refuses to tax dogs, to
relievo tfl» people from all tax on sheep.
I This is a sensible proposition. Of all
; Ul ® nuisances in thisoonntry, but few are
’ *° « rca * •• that of dogs, ind it would be
difficult to imsgine any species of indul
gence or luxury or passion which is more
, deleterious in its influences and effect*.
The whisky whioh men drink, the to
bacco they ohew and smoke, the theatres
shows, billiard tables, 4c., whieh they
patronise for the sake of the enjoyment
they derive therefrom, are all heavily
taxed. People aie required to pay the
State handsomely for the privilege of in
dulging in such luxuries, and we cannot
•ea why the gratifying of a paarion for
dogs should not cost a man as much aa
; tut of any other useless luxury or vion.
The liquor tax imposed by tha State
goes to the school fund. A’tax of a dol
lar a head on dogs, would pay for the ed
ucation of many a poor boy or girl.
^ efforts to tax dogs have proceeded
upon a wrong idea-tUt is, to tax them
M property-ike same as horse, cattle
•■d ahtep. Win# a man is requirad to
* "*““«« <» W. dog for taxation,
it u nothing-and very correctly so; for
«m dog does not yield hi. owner a cent’s
worth of income. The idea is wrong.
Dogs should be taxed upon the
principle tut revenue is assessed upon
imported goods; n high rate on luxuries,
SMErS? teT
* h *? p which b » somuen
h.'±"i!° t f° 0 ^y i »‘d ux him for
dnk the recommendation of onr
* good one
Admits It Afl.
Now that Beojaiuio Conley boa Barren
dered hi* claim to tho Executive O' iir,
joMt *s we all along mul bo would, Ids
“orpnn" surrenders all rightful claim
which ho aud his odhercuts ami tho
•• organ” ever made to the cilice. The
JV«m> Bra of Saturday nays :
Hon. Benjamin Conley held the ro«iUoi> of Oovrr-
nor In virtue cf bis office a» President of Ute Ht vtA-
He never realgued hit
•entail r* front tbe Aii|
never dec lared tunit.
sentalive from Ute AiifcunU district. 11U place «u
sve-r declared toant.
Tb* question bu therefore been mooted, by
Democratic member of the Uouw, * bother Gover
nor Cooley will not now he eotitled to the office ot
President of the HennL ?
By no met ns. A presiding officer, according to
Cushing's Manual. U Mooted tmly tor each particular
session. It he continues to Oil the position at a sub
sequent aeaaion. with tha consent of the boily. that
la constructively a reatoeUon. Dut when there Is s
reorganisation of the body, as was the case with the
That’ll It precisely. Conley'* time aa
Senator ha* not expired, and will not, tor
tone time, but hi* term a* President of
the Seattle, expired tho day of the meet
ing of the Legialature in November last.
It is only by virtue of being President
of the Senate, that any one can discharge
the functions of the Executive when t’jat
office ia vacant; and when Conley waa no
longer President of the Senate, he had
no more right to fill the Governor's chair
than any other Senator or any other in
dividual. This the organ and Conley and
the Radical Ring knew as well then a* it
does now—of whieh tho foregoing
quotation is a virtual admission in in
substance.
T. G. Campbell, the Metro Sena
tor.
This pestiferous creature—the violator
ot law, disturber of tbe peace, and inci
ter to insurrection and violence, has been
again plying his vocation in the county
which he misrepresents in the Georgia
Senate.
Onr readers will, no doubt, recollect
the acoount of his oondact at several
meetings called by him, and his resist
ance and defiance of law, in the town of
Darien, which we published last fall.—
During tho late recess of tho Legislature,
it appears that he has been haranguing
the colored population in his peculiar
mischief-making styleu We take the fol
lowing from the Savannah Republican of
tho 4th instant. We hope tho meml>ers
of the Georgia Legislature—tha Senate,
especially—will tike due notice, and will
also consider his conduct in tbe violation
of international law in Darien, last sum
mer.
A violator of law and disturber of the
peace, and one who counsels his fellow-
men to resistance and defiance of the
constituted authorities, is not fit to rep
resent Georgia constituencies ia a Geor
gia Legislature:
■••tutor Campbell at Ills Mischief.
There seems to bo no limit to tho tal
ent of ibis hoary old scoundrel for mi.
chief, and nothing to which ho will rot
resort in order to breed strife and con
tention between the races. Ho has kept
McIntosh county in hot water for sevt ul
B et, and appears to bo a law unto
Nut content with the trouble
of that ooii i) ty, that he bus recentl v
used his Benatoriul office for p noticing
upon the oolorod pcoplo of McIntosh
a most wicked and infamous fraud. He
has availed himself of the recess to mis
present audjslundcrltho Legislature, ami
oven to instill into tho minds of his
black followers resistance to tho laws.
He has recently hold several largo mect-
ings, calling people from their work three
days in one week, and delivering to them
most inflammatory addresses. A gentle
man who was present at ono of these
meotings, informs us that Campbell as
sured his audience that tho Legislatu
(or, to use his own words, " the Demo-
crate ’) had passed most oppressive and
iniquitous laws against them—that one
act makes ponal all violations of con
tract* on the port of negroes, subject-
ln ff them to penitentiary confinement
and hard labor from ono to two years.
Ho also told them that the name Den -
cratio law completely anbjocted tuo
nogroes to the whites—that whenever ti e
negro laborer became impertinent or in
sulting to his eurp'oyor, it gave the latter
the power to coniine him with n Imll and
chain until the close of his contract He
therefore advised the negroes to sign no
oontraot with white men, nndto have no
thing to do with them. And our inform-
ant aays they aro following his pornicious
conusel, anil positively refusing to mnke
engagements for tho present year, there
by subjecting the plsuters to great incon
venience ana loss. >
In the same address ho openly counsel
ed them to rebellion ugainst tbe sot of
the Legislature, organizing a commission
to tuko clisrgo of the finances, roods and
other interests of McIntosh county, and
tho eomtrbroo of tho port of Darien,
which has been well nigh broken up by
his wicked (machinations. He said the
Commissioners should not be allowed to
take their seats, and that the hooka and
input* of thmooun'tyand town should not
>e surrendered to them.
It ia time this old seam, had been
taught that tho law, and not his will, is
to govern in McIntosh county. We also
hone the Senate will look into the matter,
and, if he should bo found guilty of the
conduct reported above, promptly de
prive him of bis scat. The Senators owe
it to themselves that no libeller ot theii
body should be allowed to sit and legis
late among them.
Hon. Linton Stephens on the
Supreme Court Vocauci^k.
House op Re. {Extaaivlu, )
Atlanta, Go., denary 16, 1872. J
BUM'S Atlanta Sun:—The following
private letter from. Judge Stephens was
written at my request, in response to one
from me asking his views on the very un
told subject of which it treats. As there
is much public interest now manifested
upon this subject, aud os the views
• uc so eminent as a sound constitutional
lawyer, and profound reasoner, will be
perused with avidity by all classes, I take
the liberty of handing you the letter,
with the request that you publish the
some. Yours, Geo. F. Panes, Jr.
Bi ahta, 5th January, 1872.
“so appointed” cover all possible modes
of filling a vacancy, after havmu most
stronrouwly denied that it can cover even
the Mi.glo one of election. Right here
the whole question lie' ,*• Whether I
am right or wrong, X know this is the
point on which the decision turns. If
“so appointed" covers persons who may
be designate! in any i»ohsible way under
provision of law, as well as pc sons who
way bo appointed by the Go* rnor in
In Che absence ot provision by law then
my opponent* are right aud I am wrong.
Then all persons who go into vacrucies
by any mode except only the. regular
mode, hold only till a successor is desig
nated in tb^regular moi’e, and this des
ignation of a successor in tho regular
way, ought to be done at the earliest op
portunity. But if “so appointed" cov
ers only such persons as maybe appoint-
"ed by the Governor in the absence of a
different provision by law-covers only
Dear Cieufue: Notwithstanding ad the %uoh as may be appoiuted in tbe before-
The Factor*’ Li.w-W’iiM is Brut f
To the Members if the legislate, , .'
Wo respectfully suggest that, under
exiatiug homestead laws aud tho genoral
demoralization of the time*, the orodit
of small farmor* has boon almost entirely
destroyed. The provision erops sro now
rery short, and with tho repeal of the
factors lien, tho prospective crop of cot
ton and other products will be cut short
to a great extout. Without nssistauoe,
the farmers for the proaant season cannot
feed tbe small numberof laborers depend
ent upon them, and it is believed that
5,000 to 10,000 farm bands will have to
seek home* in other States. The time
was vbon farmers bad to pay very liigb
high credit prices for provisions, but now
they oan liny bacon on time, until 15th
Oelobor next, for a less price than it
would have cost cash two years ago.
Ws bare groat confidence in tbe wis
dom of tbe present Legislature, and can
not donbt that their action on this, as ot
ill other matter* of pnblic interest, wi)
be wise and for the beet interest of ooi
great State. Tii-Parm.
tungled-headod scribbliug on llie sub
ject, tbe Constitution contains but one
clause which regulates the filling of va
cancies in the Bupreme Court, or in any
other office whatever, except only the
Governor and members of the Legists
tore. For filling vacancies in these two,
tbe Constitution makes specific proyis
ion. Vacancies in all other offices, in
oludiog Judgeships on the Bapreme
Bench, are to be filled under article 4,
: jctiou II, paragraph IV: “When any
office shall become vacant by death,
ignation or otherwise, the Glove-nor shall
have power to (Hi such vacar -v, unless
otherwise provided by law; and persons
so appointed ahull continue
office until a successor is ap
pointed agreeably to the mode
pointed out by this Constitution,
or by law in pursuance thereof.” The
whole trouble consists, not in expound
iug this, the only clause which relates
the subject, but in throwing off the dark
nc is which has been cast upon it by con
fused rr captions of other clauses, which
are really utterly irrelevant. One
these is the clnnse which provides that,
after the first* appointment of Judges
of tho Bupreme Court, all subsequent
appointments shall be for tho term of
twelve years, except apjiointments to fill
vacancies. This is supposed to show that
vacancies must be tilled by uppalmtmnt,
It truly shows that tbe framers of the
Constitution understood that, under the
provision whioh they had made for filling
vacancies in the Bupreme Court, appoint
ment wu one mode, but it does not show
that they thought appointment was the
only mode. If appointment could be any
one of many modes, then it was necessary
to except appointments lor vacancies,
uuless they had iutendod thoso appoint
uicnts, as well as all others, to lftsttwfib
years. The fact that appointment wus
one possible mode of filling vacancies,
made tho necessity for the exception, r*
clearly os if it had been tho only mode.
Therefor*, the exception proves just
nothing»t all as to whether appointmeu
r *s the only mode, orw.s one out of
.any. In eider case—whe or it was the
only mode, o • o ae of ir ary—the exception
wc dd have been made precisely
U is. Another clause which hrs
been used so as to coat darkness, bnt
which really has nothing to do with the
subject of vacancies, is that which directs
that tho Judges of tho Bupreme Courts
shall bo appointed by the Governor,with
tho advice and consent of the Senate.
This provision relate* solely to whole
terms. If not—if it applies to vacancies
as well, then a vacanoy in the Buprenl*
Court, or a Superior Court, can never be
filled unless the Senate is in session; for
under this clanse, the u don of the Scunte
is as imlispcnsible .as ihat of the Cover
ntm, i JW cifnifcrniw^horappTylcTraoan
cics, for they all, without exception, take
lefugo at lost in tho other clause, which,
in torm% applies' to vacancies, aud to no
thing else. Now, nothirg is more certain
m that if ono does apply, the other
does not; for the mode of appointment c
s< ection, or designation, is widely differ
ent in the two clauses. In one it is ap
pointment by tho Governor, with the ml
vice and consent of tho Senate. In the
other it is appointment by the Governor
alone, if there ia no provision of law
pointing out the mode; and if there is
such provision cf law, then it is the mode
pointed out by law, whatever that n jde
may be. Anybody who affirms, as they
all do affirm, that tho Governor can moke
appointment for a vacancy without the
action qf the Senate, just ns Bullock ap
pointed Lacliruue, aro obliged to coufoss
that the filling of vacancies is not govern-
*4 .by that clause of the Constitution
which directs tho Judges to be appointed
by the Governor with the advice and con
sent of tbe Bonate, is governed solely by
the other clause, which directs vacancies
to be filled by the Governor, unless oth
er>vise provided by law, and according to
the provision of law, whore such provis
ion exists, wimtover it may be. Alldoubt
must bo removed, simply by placing these
two clauses in juxtaposition. TheW then
rood—the Judges shall bo appointed by
tho Governor, with the advice and cou-
seutof the Senate; but vacancies in these
aud oil other offices aro to be filled by the
Governor alone, unless otherwise provided
by law, and according to tho provision of
law, wherever there is a provision of law
for the ofilco in which the vacancy occurs.
Ihc whole question turns on tho con
stniction of tho one clause which pro
vides for vacancies.
This clause con-lists of two parts. The
first part of it provides that the Gover
nor shall till the vacancy, unless otherwise
pivn ied by bur. The second part pro
vides that a person “so appointed,” shall
coatiune in office until a successor is ap
pointed in tho regular mode. “So ap-
|K)iuted.” /low appointed ? Why, by
the Governor. But does not this “so
appointed" upply also to pereo is who
may be, not unpointed by the Governor,
but designated in any modo pointed out
by law ? Does not the phrase, “so ap
pointed, cover all, ns well thoso who are
designated in a mode pointed out by law,
as those who are appointed by tho Gov
ijsted manner—then they are wrong, and
Iwm right The i, persons who fill va-
caifcpies, not by appointmc it of tbe Gov
ernor, but under provision of law, have
a tenure which is terminated, not by the
appointment of a successor in the regu
lar mode, but only by the law itsdf, or
by tbe expiration </ the term. This last
limitation results from the nature of
a vacancy. A vacancy in the Ba
preme Court or Superior Court, (if
not in every office) is, under our present
Constitution, (though not in all cases un
der our former Constitutions, nor nnder
the Constitution of the United States,)
simply a fractional unexpired term. Of
course, a person holding an unexpired
term, can never hold longer than one who
goes in for a whole term. He goes out
with the expiration of the term.
The meaning of t* e whole clause,
fairly construed, is that, in the absence
of provision by law applicable to *he
office which is vacant, the Governor an-
noints, aud the person “so appointed"
holds till his successor can be, and actu
ally is, designated or appointed in the
mode for filling whole terms; that is to
say, the Governor’s appointee does not
hold for the remainder of the unexpired
term, bnt only until some person—
either the same or another—can be put
in for the remainder of the unexpired
term, * the regular mode. All, this takes
place /nly in the absence of a different
provision by law. Where there is pro
vision by law, Ihntis the rule ot the case,
and must bo followed ia-every respect,
except only such parts of the law ns may
be inconsistent with other clauses of the
Constitution. This clause cannot be in
consistent with anv possible provision of
law, unless, indeed, tho law should at
tempt to extend the tenure beyemd the
unexpired term. The matter in l\iud is
the filling oi vacancies, and any law going
beyond this object would be void; but in
side of this limit any provision of law,
whether covering onb a port of tho
unexpired term or the whole of it,
is valid, and must be followed in all re
spects. This clause imposes no limitation
upon the provision of law, only that
which results from tho nature of a vacan
oy—the provision of law must cot go be
yond the unexpired term.
Tho difference between a law which is,
and another which is not, inconsistent
with the Constitution, finds a happy il
lustration in the two existing provisions
of law, one for filling vacancies (so-called)
iu the Superior Cc iris, niul the other for
tilling vacancies (real ouch) in the Supreme
Court. The fir <t is in section 224 of the
Cod**, in these words, “When n vacancy
occurs (or irom some cause there is a
failure to elect) the Governor shall ap
point some qualified person to fill such
vacancy, anil shall order a special election.”
was to WficUr, not to till the remainder
of an unexpired term, bnt to inaugurate
a new full term, docking the preceding
term, and casting out all of it that might
remain uuexpircd. Bo much of this Act
w requires tlio Governor to till the tv/«
cuncy is undoubtedly good; but that part
of it whith requires a special election to
fill a new, whole term, is inconsistent with
the mode whioh the present Constitution
ordains for filling whole terms, and, thero-
fore, falls by reason of inconsistency with
the Constitution. Mark, however, that
it is inconsistent with that part of the
Constitution which provides for filling
whole tenns, but not in tho least
with tho part which provides for
filling vaoancie8. Now the law
for filling vacancies in the Supreme
Court is a very different thing. Whether
different by accident or by design, is
wholly immaterial. Tho point is, that
it is not inconsistent with the present Con
stitution in auy particular whatever. It
deals with, and confines itself to, the tm-
expired term. (See section 202.1 With
this, the unexpired term, the Constitu
tion itself authorizes tho law to deal as
pteases. Tbe whole term is the only
“annointed" which the law cannot touch;
and this law does not seek to touch it.—-
This law is entirely consistent with tho
Constitution. It is clear and explicit.—
It settles the question.
The suggestion in The Sun of to-day
a very good one—to change the present
provision of law so as to have
confirmation by the S< iate substituted
in placo of election by tho General As
Nombly. But it must not be forgotte i
that, whether tho law is changed or not,
there are now two vacancies on the Su
premo Bench. The seat supposed to be
held by McKay is vacant—legally vacant;
just as much so aa tho ono resigned, first
bv Brown and afterwards by Lochrane.
Ho claims that he was confirmed by
the Senate after his re-appointment,
lie having resigned to get increased
pay under a new appointment; but
coufirir ion by tbe Senate (oven if
it was a .slid session of the Senate) has
nothing to do with filling vacancies
under the law—no more than election by
the General Assembly can have to do
with filling wholo terms. The confirma
tion of the Bcnate added rotbing to the
Governor’s appointment This itself was
void, ab initio, for the reason that it was
mode during a session of tho General
View* ot Mr. Pendleton.
Cincinnati, December 30, 1871.
Messrs. Kshclmen, Ferintone, Baughman,
Committee of Invitation :
Gentlemen—I regret that I cannot ac
cept your invitation to be present at the
next am 1 celebration of the 8th of
Januaiy. It would have given me great
pleasure to meet aud take coantel of
those who are so well grounded in the
faith and practice of Democracy as the
men of Wayne county, and with them to
recall the principles and example of the
founders of our party.
Two great dangers imperil free institu
tions under the po'icy of the party now
in power. The spirit of centralized mili
tary government attacks everywhere the
Constitution, and corruption in office
destroys the civil odmiaiistration. I do
not speak merely or chiefly of special de
falcations however startling, but of the
general degradation of the standard of
official integrity until tbe offices in l otb
the civil and military service seem to be
considered tbe property of the party, to
be dispensed aud administered primarily
for party aggrandizement or personal
profit
These dangers grow out of and ore in
separable from the present organization
of the Republican party. Its founda
tion, its philosophy, its history, and its
leaders recognize military power and the
corrupting use’ of money by official pat
ronage as legitimate forces in ordinary
civil administration, and now, more than
ever, are they brought into active exer
cise. The Democratic party confronts
this theory and denounces these prac
tices.
Founded upon the idea of local gov
ernment, jealous of powers granted to
authority, taught that simplicity and
economy are essential to the honesty
necessary iu Republican institutions, it
maintains with more determined pur
pose that the military must be subordi
nate to tbe civil authority, and that offi
ces i re a trust for the people, not spoils
for the vie tors.
Its powerful organization enters every
village in the land, and numbers among
its adherents nearly one-half the people
—as intellectual, ns pure, as patriotic, as
unselfish as any of tbeir fellow-citizens.
They are too numerous to be cowardly,
they are too patriotic to be lukewarm.
They are too sincere in their purposes
m I convictions to be driven to despond
ency by ten years of reverses. They
have shown constancy in defeat as well as
wisdom iu victory. If I understand their
feelings, they will neither disband their
organization nor flee the field before the
contest commences. Either course, they
believe, would give undisputed sway to
tho present administration, which could
then giro undivided attention to tbo de
serters from its ranks.
An advancing army, with thh enemy
itlicr dispersed or in flight, never loses
divisions or regimeuts, or even compa
nies, and is generally able to pick off
or to pick up treacherous or thoughtless
stragglers.
If there be, ns is claimed, many mem
bers of the Republican party who disap
prove the ideas which dominate the ad
ministration of President Grant, and aro
prepared to opposo his re-election, they
should declare their purpose, organize
their party, develop© and manifest their
strength, and,if I may predict the future,
they will have no just causo, even the
most sensitive aud timid among them,
for refusiug to co-operate with the Demo
cratic party. When its authorized con
vention shall speak it will remind its ud-
licrents that the ultimate and highest
purpose of its existence is to secure the
greatest prosperity, in its best scnbc, of
• * **“——tj "»■■-»» . A krv *)*«*
true, as t’ .>y contribute to this result;
that partus and politics and offices are
but means to this end; that principles
aro of different application, und ques
tions lose their importance in the
ever-shifting chunges of human affairs,
and discarding all narrow ideas, abind n-
ing the consideration of all questions
which have been* decided or buried by
the events which lirve passed; recogniz
ing the accomplished facts of tho pres
ent, and appreciating the dangers of the
future, it will invite, both by words and
by deeds, both by resolutions and by
nominations, the zealous, hearty co-ope
ration of all men who believe that the
Constitution is a better system of govern
ment than martial law, and that refo m
in the civil service is a higher duty th n
rewarding prospective partisan effort by
distributing spoils.
Bv this course the party, I should hope,
would attain success. If it should once
more fail, os an honest, faithful, patriot
ic minority, it will hold an important po
sition and exert an immense moral power
oyer the majority; and it may well wait
with faith the inevitable hour which will
crown its fidelity and patience with the
success whioh it will have deserved.
I am, very respectfully,
Your obedient servant,
Geoboe H. Pendleton.
done by me under the direction of the
Governor have resulted to the public in
jury, I &M>ur**}OJ they have not resulteil
to my per lonal or pecuniary benefit. If
the lute Governor were here I tun quite
sure he would admit tbe truth of this
statement.
Under these circunibtances, whatever
may oe tho technical legal effect of tho
application I now tuake, I feel ia my
heart that I have not iu fact violated the
pena. Jaws of my Bfcato. But your Excel*
leucy is well aware that I have token a
prominent part in politic* as a Republi
can in Georgia, and on that account that
there exists much hittcruess against me
in the public mind. This, however, is
not alL
The coarse pursued by Governor Bul
lock and tbe Messrs. Kimball, in leaving
tbe Stale, while grave chargee were pend
ing against them, has settled upon the
popular mind the conviction of their
criminality, and os they are gone, and
my name has been constantly used in
connection with theirs in tho newspapers,
iu the anxiety that exists to punisli some
one, I am settled upon as the scape goat
to bear off the sins of all who are accused.
In consideration of these facts, and of
the excited state of the popular mind, I
am fully satisfied it is impossible for me
to get a fair trial before a jury in this
State.
Aa tho jury boxes are arranged I should
be tried by political opponents whose
verdict of guilty would be made np before
hearing tho evidence in the case. They
would feel that popular clamor aud party
necessity demanded my conviction, and
my trial would be a simple form of plac
ing on the records of the conrte a decis
ion dictated by prejudice and passion,
and demanded for political effect. In
deed, friends in whose judgment I have
confidence, who have mixed with the
people, and heard their comments, in
form me that the verdict ia already made
up before the trial, and advise me that
the only mode of escape from an unjust
judgment, rendered upon a mock trial, is
to appeal to your Excellency to interpose
iu my behalf.
I, therefore, most resoecifully but
earnestly ask that you grant me a full
and unconditional pardon, which will
protect mo against the popular demand
that I be victimized to serve party ends,
and appease a morbid desire for public
vengeance upon some one connected with
tho late unfortunate administration of
tho affairs of tho State.
Hoping your Excellency runy feel it
your duty to afford mo {lu* protection
asked, I am, very respectfully, your obe
dient servant,
Foster Llojmjett.
Taxing Sheep.
Editors Daily Sun: I respectfully re
commend to tho Legislature to exempt
hheep from taxation for the next ten or
twenty years, in order to encourago this
most important brunch of agricultural
industry, and which is oue of our great
est necessities.
The Legislature has refused to tax
dogs—tho cruel destroyers of sheep—
worthless, destructive nuisances; now let
them do as much for the valuable, harm
less sheep, and leave them untaxod.
I think this is a fair proposition.
The small State of Vermont—but tittle
larger than some of our wire grass coun
ties—grows more wool than the whole
State of Georgia. Theso sheep-raisere
are protected by law, and dogs are made
to help support the sheep, instead of de
molishing them. * * *
Uailvoab ‘Abmliocmcnts.
Vicksburg and Texas.
Blue Mountain Route
V 1 A
SELMA, ROME, AIVD DALTON
Railroad and its Connections.
T) ASH ENOCHS LEAVING ATLANTA BY THE
»t 10 A. M., making cIom connection with
FAST EXHI1ESS TRAIN
Of Selina, Rome and Dalton Railroad, arriving at
Selma at 8*10 P. It
and making doae connections with train »f Ala Lain*
Central Railroad, arriving at
“ e r ldUn 4:00 A. M.
v? C £*£ n A * *•
Wckaburg 3:65 P. It.
ALSO, make close connection at CALERA with
trains of South and North Alabama Railroad, arrir-
ing at
JI°S. t f omerJ P.
“ ob i* e ; A. M.
New Orleans.4:25 P.M.
Tha Road haa been recently equipped and ita
equipment ia not surpassed by any in the South
‘rength and beauty of finish.
• No change or care between Rome and Selma.
PULLMAN PALACE CARS
Uuilroub ’AinictiUemcmo.
Atlanta & New Orleans
MU OUT LINE.
ALL RAIL,
(Except Tnas/c-r at Mobile.]
PASSENGERS FOW
MONTaOMERY l
■elms, Mobile, Biruiegham,
and Tuikuloo.u, Alabama.
MHRIDI AST!
Jackson, Grenada, Vicksburg,
Okalona, aud Corlhtb, Mies.,
NBWOKIiHANS
. BhrcTcport, Jt-fTcraon, Monroe, La.
Galveston.
Aud All points In Texas and Northern aud Central
Mississippi, Leaving
Atlanta. Twioe Dally *
At C:50 o'clock ». in., and at 7:00 p. in., via
ATLANTA AND WEVT POINT It. If.
Will nuke Direct Connections with the ebovo
03 Mllee Stiorter
To Montgomery, Mobile and New Orleana than
Bine Mountain, via Kingston and Rome,
or any other roots, and
BBflMHea snorter
Than by Chattanooga, Grand Juuctiou and
Corinth, to New Orleans and
Galveston.
807 Miles Sliorter
To Shreveport and Jefferson, Texas., Qian
by Chattanooga and Memphis, avoid
ing 614 miles Mississippi
Elver Stoamboating.
*a» Passengers leaving Atlanta at 7 o’clock, p. m,
will arrive in Montgomery at 6:55 a.m., two hours
and teu minutes earlier than via Blue Mountain
Route. Passenger* leaving Atlanta 6:60 o’clock, a.
m., will arrive in Montgomery at 6:45 p. m., one
hour and twenty-live minutes earlier than Blue
Mountain Route.
Persona leaving Atlanta at 7:00 p. m., will ar
rive in Columbur at 4:10 next morniug.
AST 47 miles shorter than any other routs to Sel
ma. Meridian, Jackson and Vioksburg. «w»Every
attention paid to the comfort of passengers.
*9u Baggage handled and checked with care to all
terminal points,
*9~ Fare at low as any other roots. Through
Tickets for sale at the office of the General Ticket
Agent in the Union Passenger Depot in Atlanta; also
Oue Thousand Milo Tickets for the accommodation
of merchants and families at reduoed rates.
L. P. OHANT,
Superintendent
Macon & Brunswick
RAILROAD COMPANY.
Change of Schedule.
1871, the following schedules will be r
ACCOMMODATION TRAIN,
Leeve Macon, 8:20 A. M.
Arrivo at Brunswick 0:25 P.M.
Arrive at Jacksonville, Fla. 6.-00 A. M.
Leave Jacksonville, Fla 8:45 P. M.
Leave Bruuawick 6:45 A.M.
ArriveMaoon 5:25 P.M.
THROUGH PASSENGER TRAIN,
Leave Macon 8:10 P. M.
Arrive at Savannah 7:45 A. M.
Arrive Jacksonville, Fla 7:001*. M.
Leave Jacksonville, Fla. 7:00 A. M.
Leave Savannah 7.-00 P. M.
Arrive at Macon 6:50 A. M.
Connects closely at Jossup with tralasfo* *»van-
nah, Florida, aud all points on tho * .** «• N.
At Macon with the M. & W. U. B from
Atlanta. __ ,,
aalSrtS; f’JT" *°‘ 1 p,r * D ““'-
..AfWIIIN8VILLE THAIN,
ta, -trKri" ,w JSJ-5-
Am ” *• t. 2:
WM. MACRAE,
General Superintendent.
TO EMIGRANTS.
ROUTE FROM
Atlanta to Memphis
NO DELAY AT TERMINAL POINTS.
Fare as low as by any other Route.
£*L roh “® Ticketa via Kingston at tbe General
Ticket Offloo, or at the 11.1. Kimball House.
JOHN B. PUCK,
General Passenger Agent.
nEAU CAMPBELL, Loral Agent,
No. 4 Kimball Hones.
Foster Blodgett’* Pardon,
Cnpt. Foster Blodgett, under dnte of
tho 6th instant, addressod a letter to I Ofnco Selma, Home & Dalton R. R. Co.
“His Excellency Benjamin Conley, Got- BEAU CAMPBELL, Local Ag’t
NO. 4, THE H. I. KIMBALL HOUSE.
Atlanta, Ga., October 12tb, 1871.
ernor,” asking for a patdon. It is u rare |
document—peculiarly Bloilgettouiau— I ^
and 88 Slich Will be looked Upon by many | FARE over Blue Mountain Route,
thousands in and oat of Georgia as a I tenuinai points, as low*asby any C oUier'^ute^vU;
confession of his guilt, and os tho proc-1 To M0KT aouERY, selva, mobile,^vtcksbcrg,’
ticeof ono of hi. cute trick, to vLpc ST' CANTO! '- * UBn,u " “ d NEW 0B -
ernoi ; and do not all, therefore, go out of Assembly, if, indeed, that xcasion (pro-
oflico when. aneoeaao.-M appointed in beyond the 40 day. without a iwo-
tho regular way—that i. to L!y, when a
sn.eoMor ufippointed by the Governor,
with tro advice and consent of the Sen
ate ? I answer, by no means. Such a
eoustruotn i i. dimly shadowed forth for
tile Brat time by “Democrat," a writer in
tn CAroji ,d» and Senttnd of ' ,-diw, hut
it uoe. violence to the word, -a violence
wine 1 must he specially appreciated hy
tho. who .tidlle for so confined . mean-
“doctioin” |K>lnU:iCil t M n °t to include
Whether appointment can properly
include election or not, it ccrtaiuly can
not bo so stretched and strained as to
irolnde all possible or all usual mode, of
tilling a vaomicy. It might ho done by
pramrtion from some other office, by
seniority <f commission, by lottery, or by
■ '.y oue of muuy other mode. All po >-
hiblo modes we open to the fair; for the
Constitution, in Icavim vacancies to be
tilled recording to law, place. a<v rvttric
fbm upon tho law, or (ho modo which
m.y lie refected by tho law. Appoint
ment. are to bo made (hy the Goveri or),
“unless otherwise provided by law"—
that ia to My, except in oue. whore *
'afferent mods it preecribed hy law—law
iow existing, or that may hereafter be
* *ed—leaving the law unroetricted as
to the many possible mode.
third, vote) was a valid oue. At all
events, tho appointment expired at the
uoxt meeting of the Genet* d Assembly,
under the law for filling v.n nicies; aud
there i. now a vacancy, lour., truly,
Linton IStspurns.
Resigned.
Col. J. K. Lewis, State School Com
missioner, appointed by liullock, has re
signed. He tendered his resignation to
Acting-Governor Conley, to taka effect
whenever Gov. Bmitlr should sppoiut his
suooeesor.
This resignation was proper, and is
creditable to Col. Lewis. Ho is aware
of tho fret that he cannot be useful in
his present position, and that lie ia not
acceptable to onr people, and has surren
dered the office. This is right, and evin
ces a proper spirit, for which he is enti
tled to credit.
P. 8.—Since tho foregoing was in type,
we learn that Prof. O. J. Orr, cf Ogle
thorpe University, w*a yesterday air-
pointed and confirmed to" succeed Col.
Lewis. Prof. Orr is a scholar, an ex*
I'urienoed-ond able teacher, and we have
•o doubt will 1111 tho office to tho satis*
ner '• hzve the Herculean task of making * faction ot err people.
punishment—though not so clever nor so
respectable as the disappearance of that
original paper, by which he escaped the
conviction of perjury upon technical
grounds.
Foster then, however, wus considered
on rising grounds, and the prospect of a
Beat in the United States Senate loomed
up grandly before him. Now his pros
pects are dim, and his future not hopeful,
and as brilliant an escape from pnnisli-
men t ia not to bo expected.
\VV hereto append iu full, his humble
petition to Conley for pardon. It is
worth reading, and is about tho beat
chapter that has emanated from Fostei'a
pen in years. After dating aud address-
ing the namo os before stated, and call
ing the aforeaaid "Governor," “My Dear
Sir,” he proceeds: .
You ore probably aware that indict
ments have been found against Die in
the Superior Court of Fnlton county, in
this State, for alleged violations of the
criminal laws of this State, in connection
with the management of the Western and
Atlantic Rutlroud.
When I took charge of tho Rood os
Superintendent, it was at tho request of
Governor Bullock, who informed me
that I would not be expected to give
much attention to the running or finan
cial management of the road, but that
wonld be attended to by the Master of
Transportation and Treasurer, and that
I would be < peeled to manage only the
(frlic and i ulitiesl policy of the rood.
Oder (his arrangement I gave but little
attention to either the flnnuoiol or run
ning part of the business.
I mode no profit except snch re ws-
legal, and retired from the office poor,
than when I went into it. If any sets
HEAD CAJIPBELL, Loosl Agout 8. B. * D. K. II.,
No. 4 Kimball Hour*. octUdlf
The Palace Dollar Store.
s
Western and Atlantic
Memphis & Charleston Rffi.
L«**e Atlanta fl : oo a. M 10:30 P .
Resell Memphis, ncxtday.22.16 P. if 10:15 P. If.
NO OTHER ROUTE OFFERS
Double Daily Trains
TO ANY roiNT ON THE
MiasiNsippl River
SOUTH OF CAIRO.
73 MILES SHORTER
Than Any Other Line to Memphis.
L. II. PIKE.
PBOPBIKTOB.
ear noon, uui to mi, put ot tb* counter.
AUSl.lm
SAVE YOUR MONEY
BY PATRONIXIJfH
CUMMING HIGH SCHOOL.
ar4, |8 to $1*4 SO per mantli.
$1 SO (o $4 pci month.
Tuition,
T UB cnrrtcolnm embrace* a thorough Collnr*
oourre> —German, Book-Keep!.,*. KXK
For particular* adrir***
decls-vlm nWaar i£S^ nm
Ctunmlag, Ga
OFFICE
lifj: association of America.
ST. LOUIS, T>KcxMR*m 28,1871.
A N Eie.'tion for irfm-ton of Um life Awociatlon
:h. offl<.otlh€
xnt u.r sf Areir.Vif a“‘ «
Poll* open from 11 A. M. la 8 P m
JauHAvrUUonmut WM. HANLEY, fcc-j.
LITTLE ROCE
SUriiiiH from Atlanta at 10:60 p. m., you ro
baUauooga 6: 0 a. m., arrive at Mamphi* If p.
m , leave Momphl* for Little Rock 7:50a. m.
If any one should offer inducement* to yon to go
via Naahvillo to Little Bock, remember that there
ia but one train on tkal route, which leaves Atlanta
in the Morning *tartlng 12 hours too aoon, you si*
Udieu* journey 9 hours longer, end arrivo in
iphis only to meet with 7 hours more detention
than H you had left Atlanta on the 10 JO p. m. train,
and gone direct by the only RELIABLE ROUTE.
1/you are to go by boat from Memphis, leave Atlan
ta in tbe morning, arriving in Memphis 12:15 p. m-
Boats leave at 6.-00 p. m., allowing ample time for
tranefer and avoiding confusion. Finding onr
Agtute who will g* ve reliable Information, and allow
«»e to deceive you.
L. P. QCDOER* Agent, Dalton.
W. J. AKERS, Agent Atlanta-
B. F. PARKER, Agent, chatlanootf*.
Or Address :
A. A. BAKKJE3, General Ticket Agent
