Georgia Historic Newspapers

    I
(Calumlm
tumim*.
VOL. XIX.
COLUMBUS, GEORGIA, SATURDAY MORNING, AUGUST 18, 1877.
NO. 196
IS IT SUPREME?
OPINION OF ATTORNEY GEN
ERAL ELY UPON THE POWERS
.OF THE CONTENTION.
CONVENTIONS ABE BOUND BY THE LAWS
CALLING THEM — THE TREASURER IN-
6TBUOTED NOT TO PAY MOBS THAN THE
BUM APPBOPBIATED.
Att’y Gen’ls Office of State of Ga ,|
Atlanta, August 16, 1877,
Bis Excellency, Alfred II. Colquitt,
Governor :
The qutstion submitted to your Excel
lency by the Treasurer, and by you re
ferred to rue for my legal opinion, baa
been oarefully considered, and I have the
honor to present herein my views thereon.
The question is, can the Treasurer
legally pay to the Convention more money
than the $25,000 appropriated to that
body by the luw ?
That question is involved in another :
Is the Convention supreme ? Can it do
whatever it pleases, or are its powers
limited by the aot whioh called it into
being ? If it can legally take one dollar
out of the Treasury beyond the legislative
appropriation, it can take all. If it can
legally appropriate the money of the State
for one purpose not covered by the act
undar wnicb it assembled, it may appro
priate money for auy and every purpose.
If it oan do one thing outside the limita
tions of the aci it may do all things; so
that the naked question is, is the Conven
tion clothed witn absolute power ? Is its
own discretion the only limit to its au
thority ? Is it supreme ? The idea that
nny. man, or body of men, under one sys-
tern of government, is clothed with abso
lute power, is abhorrent to all sound
views of American law and liberty.
Sovereignty resides in the people; they
aot in everything through agents, and
these agents can never transoend the
power granted by their principal, the peo
ple.
The aot for whioh the people voted, and
by which their agents were empowered to
assemble, limited these agents to the duty
of Revising” the constitution of this
State, and appropriated therefor the sum
of $25,000, and required them to submit
tbeir work back to ihe sovereign, or prin
cipal, for ratification or rejection. The
people of Georgia voted in accordance
with this act; the aot limited the power
of the convention. Can it be seriously
claimed that the people intended to give
unlimited power? “When the people
voted in compliance with all the provis
ions of this act, and determined to call
the convention therein provided for, they
called just such a convention as was con
templated by the Legislature, and with all
the limitations and restrictions therein
contained.”
Had the clause providing for a vote of
the people to ratify or rejeot the work of
the convention not been put in the aot for
which the people voted, it is probable that
the call for a convention would not have
been sanctioned by a vote of the people.
Had the Legislature regulated the cost of
the convention at $100,000 instead of
$25,000, the people probably in that case
would not have voted for a convention.
The people authorized them to meet
and make a Constitution, provided that
Constitution should be submitted to them
to vote upon it, and provided the cost of
the Convention should not exceed $25,-
000. Would the work of the Convention
be the fundamental organic law of Geor
gia unless ratified by the people ? I think
not, because they derive all their author
ity from the aot calling them into being,
and that act declares that it shall be sub
mitted. Would any act of the Conven
tion in appropriating the money of the
people to any purpose beyond the amount
set apart for its expenses be valid unless
ratified by the people or sanctioned by an
aot of a subsequent Legislature ? I think
not.
r J he Constitution of 1868 is the supreme
law of Georgia now, and will remain the
supreme law until superceded by a new
Constitution duly ratified. Under that
Constitution the Treasurer was elected
and inducted into office. That instrument
he swore to support and obey; that instru
ment regulates how money shall be drawn
from the Treasury. It must be by appro
priation by the Legislature, and such
appropriation alone can authorize the
payment of the people’s money by the
Treasurer, as long as that Constitution
remains the law, and it so remains until
displaced by another; and no other oan
displace it until the sovereign will of the
people in due of oourso of law, and fol
lowing the forms and safeguards of the
American system of checks and balances
of power, so declares.
The idea of a supreme, absolute, auto
cratic convention, possessed of all power,
is French not American. It brings to
mind Danton, Robespierre, and all the
horrors of the French revolution. It
could be self-perpetuating and might de
stroy all the checks so needful to guard
against arbitrary power; and absorb and
retain forever in itself all executive, judi
cial and legislative 1 unctions. The people
have not granted to the present Conven
tion any such power, and it is to be hoped
they never will grant such absolutism to
any body of men, however wise and pa
triotic. Certainly before the people do
grant such powers, they ought to know it,
aud tbo act calling the Convention should
notify them of it, aud distinctly so de
clare.
The act calling this Convention so far
from conferring such huge power, limits
these agents to the making of a constitu
tion, aud limits the amount whioh they
shall use in making that constitution. If
they go beyond these duties, and this appro-
ation of the people's money, they do an
unauthorized act, without the scope of
power granted to them, and wholly null
and void, unless ratified by their Hover
eign principal, the people at the polls.
These views which seem tome founded
upon principle, are sanctioned by author-
ty, and by the practice and precedents of
our own State, in the conduct and usage
of other Conventions and by the acts and
decarlations of our ablest jurists and
statesmen.
The question whether a legislative act
oan limit a Convention, and whether it is
supreme or not, came before the Supreme
Court of our sister State, South Carolina,
in 1831. The case was elaborately and
most ably argned by some of the most
distinguished lawyers in the State. It
grew out of the fact that a legislative aot
bad been passed in 1832 calling Convention
for a ceratin purpose, and when the Con
vention assembled it proceeded to adopt
ordiuances wholly foreign to that purpose.
The validity of this action came before
the court for review. Mr. Pettigrew, one
of the counsel, contended that in this
particular “the convention exceeded the
powers delegated to them by the people.
The act which called the Convention
was passed in the forms of
the Constitution. The Conventron was
therforo a constitutional body, and it is
preposterous to speak of a constitutional
power as unlimited.”
The courts were unanimous in deciding
against the heresy of sovereignty in a
convention, O'Neal, one of ite judges,
saying, “iu one point of view, a couveus
tion may be illimitable. It is, however,
then a revolutionary and pot a constitu
tional convention. * * I do not under
stand that this revolutionary character is
claimed for the convention whioh or
dained the ordinance now under consid
eration. It is to be regarded as a conven
tion assembled under the authority of the
Constitution, * * a convention assem
bling under the Constitution is only the
people for the purposo for whioh it assem
bles; and if they exceed those purposes,
their aot i£ void unless it is submitted to
and affirmed by them. It is true, its
legislature cannot bind the convention;
but if the people elect them for the pur
pose of doing a specific aot or duty points
ed out by the act of the Legislature, the
aot would dofine their powers. For the
people eleot with reference to this and
nothing else.”
According to this decision, the Conven
tion would be bound in good faith to the
to abide
people and as a matter ot right,
faithfully by all the limitations expressed
in the aot calling that body into existence.
If the aot declared that the Constitution
must be submitted to the people and that
the expenses must not exceed the sum of
$25,000, and if they so yoted, these lim
itations become the sovereign act of the
people themselves, and must be carried
out by the Convention.
It was claimed that this Convention in
South Carolina was sovereign—supreme—
that the Legislature, nor the people could
restrict it; but Judge Johnson, of the
same court, did not think so. He asks,
‘Can it be supposed that the good people
of this State thought that in the appoint•-
meat of delegates to that Convention they
were conferring on them the authority to
transfer their allegiance to the grand
Turk, or the Emperor of Russia, or to in
dulge in auy other caprice they might
thiuk proper ? No suoh thing. They
had been invited by the Legislature to
eleot delegates to a Convention charged
with certain speoifio powers in relation to
certain uots of Congress, which were sup
posed to be unconstitutional and injurious
to the interests of the citizens of the
United States—they accepted the invitu-
tion aud elected their delegates, and upon
the common principle that the authority
of the agent is limited by the powers con
ferred ou him by the principal, the pow
ers of the delegates were limited to the
objects designated by the aot under whioh
the Convention was oalled.”
If this was good law in the State of
South Carolina, why should it not equally
apply in this State ? To the same pur
port the remaining Judge (Harper) says:
“An argument was drawn from the sup
posed absurdity of the Legislature, an in
ferior authority, putting limits to the
power of its superior and creator. But I
think it is not a oorreot stating of the
questiou. The question is of the author
ity of the Convention. An ordinance is
produced to us, passed by a certain num
ber of individuals assembled at
Columbia. This gives it no au
thority as an aot of the peo
ple. But we are told they were eleoted
by the people. This, however, is not
euongb. For whut purpose were they
elected by the people? To represent
their sovereignty. But was it to represent
their sovereignty for every purpose, or
was it for some speoifio purpose? To it
□o other answer can be given than the aot
of the Legislature uuder whioh the Con
vention assembled. Certainly the people
may, if they will, eleot delegates for a
particular purpose without conferring on
them all their authority. To deny this
would be to detract from the power of the
people, and to impose on them an incon
venience and dangerous disability.
So following the line of argument laid
down by this distinguished Judge, I ask
what was to prevent the people from elec
ting delegates to a convention, charged
and instructed to revise their constitution,
and when the work was completed to refer
it to them and to limit their expenses
while so engaged to a specified sum? In
my judgment they clearly had this right.
Tne judges of the (Supreme Court of
Massachusetts evidently did not under
stand how conventions have become bov*-
ereign instead of the peoples for in an
opiuion given by them in 1833 on this
subject, they say :
“If however, the people should, by the
terms of their vote, decide to call a con
vention of delegates to consider the ex
pediency of altering its constitution, in
some particular part thereof, we are of
the opinion that such delegates would de
rive their whole authority and commission
from such yote; and upoa the general
principles governing the delegation of
power and authority, they would have no
right, under such vote, to act upon and
propose amendments in other parts of the
constitution, not specified.”
This opinion is based upon the general
idea that the people have a right to give
their instructions to their delegates when
they eleot them at the polls, and when
they vote to call a convention, and that
they have also the right to demand that
their instructions be obeyed.
Our forefathers have not thought in
past times thatwheu they called a conven
tion that they were surrendering them
selves, souls aud bodies, into tbeir hands;
nor have oonstitutional conventions
claimed to exercise such extraordinary
powers.
The Convention of 1787, whioh met in
Philadelphia to frame the Federal Con
stitution, did not claim the right to de
termine their own salaries and to vote
money to pay themselves out of the Na
tional Treasury, but requested Congress
to make an appropriation for this pur
pose.
that each county of the Slate now organ
ized or laid out, or which may hereafter
be created by law, shall be entitled to at
least one representative in the represent
ative branch of tne General Assembly.”
A similar jffovision was inserted in the
aot of 1838, under whioh the Convention
of 1839 was called. Iu both acts the
delegates were required before taking
tbeir seats in the Convention to take the
following oath : “I A. B., do solemnly
swear that I will not attempt to add to or
take from the Constitution, or attempt to
change or alter any other section, olause
or article of the Constitution of the State
of Georgia, other than those touching
the representation in the General Assem
bly thereof.” When the Convention of 1832
assembled it was moved by the Honora
ble Alfred Iverson, that “this body do
now proceed to take the oath contained
in the law of the Iubl Legislature provi
ding for the call of this Convention, be
cause the people, by their aot of holding
the elections, have adopted the Baine. ’
One substitute was offered, that the Con
vention was not bound to take the oath,
but out of respect to the will of
the people, would not alter the Constitu
tion except as to representation; and
another, “that the members of this Con
vention do now proceed to take the oath
prescribed by the law of the last session
of the Legislature, with the express un
derstanding that the said oath is taken
voluntary and not from any legal obliga
tion created by the passage ot said act;
for this body cannot recoguize the princi
ple that the Legislature oau prescribe
limits to the power of the people when
assembled in convention.” But both sub
stitutes were voted down without a divis
ion aud the original resolution was
adopted; whereupon all the delegates took
the oath, being the same prescribed by
the aot of the Legislature. The delegates
to the Convention of 1839, also took the
oath whioh had been prescribed to them
by the Legislature. Certainly every one
must admit that neither the Legislatures
whioh oalled these Conventions, nor the
Conventions themselves considered the
latter as sovereign—supreme; for they not
only took the oath whioh had been pre
scribed to them, but made just such Con
stitutions as they had been directed to
make by the Legislatures, and coded by
submitting their work to the people.
Their action is important in showing
clearly that while one of the members in
a resolution spoke of themselves as “the
people when assembled in convention,”
yet nowhere in their proceedings did they
claim the right to exercise any extraordi
nary powers.
It is worthy of remark here that it has
been almost the universal practice in this
State, when a Convention has been regu
larly called to provide iu the same aot for
an appropriation to meet its expenses.
This action clearly indicates that the Leg
islatures have considered that the matter
of making appropriations has been exola-
sively witbiu their jurisdiction, and that
the Conventions have with equal uniform
ity abided by suoh aolion.
The Legislature of 1849-60 aoted on this
idea, and in the Convention called under
that aot, the Hon. A. H. Stephens intro
duced the following resolution whioh was
agreed to:
“Resolved, That the next General As
sembly be and they are hereby requested
to turn over the balance whioh may be
left of the $30,000 which were appropria
ted to defray tho expenses of the Conven
tion to tho poor school fund for the next
year.”
Sorely, if the Convention of 1860 had
been of the opinion that they possessed
the authority to make appropriations of
money from the Treasury they would
themselves have turned over this balance
to the poor sohool fund instead of re*
questing tho Legislature to do so. The
questiou presented here is not simply as
to the power of the Convention to make
the appropriation, bat rather as to the
right and duty of the Treasurer to make
the disbursement. Thin offioer is made
by law the depository of the money be*
longing to the State. The Constitution
declares that “No money shall be drawn
from the Treasury except by appropria
tion mado by law;” nud be,as well as every
other officer is sworn to obey this provis
ion. If the Treasurer is prevented by bis
oath from paying this money, how can
tho Convention justify itself by demand
ing it, under a vague, general idea of
their supremacy ?
A demand was made upon the Treas
urer of the State in 1868, by the Conven
tion of that year, and he took a similar
view of liis duties, stating, “That hold
ing bis office under the Constitution of
the State of Georgia, adopted in 1865, be
ing sworn to perform its duties according
to that Constitution, and the laws of the
State, by whioh he was forbidden to pay
money out of the Treasury except upon a
warrant of the Governor and sanction of
of the Comptroller-General, and having
al
So the Convention of Massachusetts of
1779-80 appointed a committee “to apply
to the General Court for the payment of
the members of this Convention, to be
made out of the Treasury of this State.”
The Legislature of Georgia of 1832, in
calling a Convention to amend the Con
stitution, failed to make any appropria
tion to defray its expenses. Did they
claim that they were therefore authorized
to make an appropriation themselves for
that purpose? By no means. They waited
until the next meeting of the Legislature,
and the latter body, after appointing a
committee “to examine and audit the
accounts of the several delegates and
officers of the Convention held in May
last” (1832), passed an act appropriating
the sum of $22,000 for those purposes.
There is another remarkable fact in
connection with this Convention of 1832
to which I would call special attention
here. One section of the aot of the Leg"
islature under whioh it was called is in
these words:
“And be it farther enacted, That it
shall be a fundamental artiole in tho for
mation or amendment of the Constitution
entered into heavy bonds for the faithful
performance of the duty so prescribed, he
was compelled to decline making the pay
ment ordered by the Convention, and
authorized by General Pope.”
To a like demand made upon Governor
Jenkins by General Pope, tho former
amongst other things, said:
“After careful consideration and with
the clearest convictions of duty, I must,
General, respectfully decline to comply
with your request. * * * First,
I have considered it as arising under the
Constitution of the Btate of Georgia,
adopted in 1865, and the Constitution of
the United States, both of whioh, upon
my induction into office, I took a solemn
oath “to the best of my abilities, to pre
serve, protect and defend.”
One of the provisions of tho former is
in these words: “No money shall be
drawu from the Treasury of this State
except by appropriation made by law.”
Here is an attempt to draw from the
Treasury of thiB State a large sum of
money. Has an appropriation of this
money been made by law? Clearly not,
according to my conception, I venture the
assertion that any learned, upright jurist
would bold that the term law, as used in
this connection, signifies a statute eman
ating from the law making power, estab
lished by that Constitution, and none
other.”
This langnnge, from this distinguished
patriot aud statesman, is too plain to need
comment. One is at a loss to know
whether to admire more the clearness and
force of his reason, or the firmness with
whioh he adhered to his convictions of
duty.
It may be said in reply,'that while a
certain sum was appropriated to pay the
expenses of the Convention in 1861, a
much larger sum was expended by that
body. If the act calling that Convention
is closely examined, it will be seen that it
clothed that body with very broad—al
most unlimited powers—amongst which
the power to appropriate money was in
cluded.
The Convention of 1865 was called not
regularly, but by a Provisional Governor,
and its action under the peculiar circum
stances of tbe case is not to be considered
as a precedent.
It is hardly necessary to add that I do
not think the Traesurer would bo author
ized in paying to the Convention any
amonnt in excess of the $25,000 appro
priated by the act of the Legislature. If,
however, any member of that body desires
to test this question before the courts, I
recommend that the Treasurer extend
every faoility to enable him to do so. By
avoiding all technical t.objections, this
question might be adjudicated, iu a few
days, and before the adjournment of the
Convention.
I have the honor to be, very respect
fully, your obedient servant,
R. N. Ely, Attorney Genoral.
WASHINGTON.
Department Rough on Fresh Coneuli.
CEORCIA.
Senator e.ordon’H lurant Daughter
Doad-TIte Convention Kryula-
ting- Freight*—Attorney (ienersl’s
Opinion.
Atlanta, August 17—Senator Gordon’s
infant daughter, Carolina, born iu Wash
ington City last wintor, died this morning
at his residence at Kirkwood.
LEGISLATUUK GIVEN POWEB TO BEGULATE
FREIGHTS.
Special to Enquirer-Sun. ]
Atlanta, August 17 —The Convention,
after a lengthy discussion, decided to give
tho Legislature power to regulate freights
and fare on railroads.
BEGULATING FREIGHTS—ATTOUNEY OENE-
ual’s opinion.
Special to Enquirer-Sun.]
Atlanta, Ga., August 17, 1877.
The regulation of freights was discuss**
ed all day.
A substitute was adopted allowing, but
not commanding, the Legislature to reg
ulate.
Tbe Attorney General's advice to the
Treasurer that ho canuot go above tbe ap
propriation causos great difference of
opinion on tbe correctness of tbe de
cision F. II. R.
VERMONT.
MU. HAYES BEOF.PTION.
Rutland, Vt., August 17.—Soon as the
train arrived President Hayes was escort
ed to a carriage by Ex*Governor John
B. Page, the remainder of tho party fol
lowing, and was driven rapidly to Gov.
Page’s mansion on Main street. Here
they were received by Mrs. Page and
her friends, a large number of young
ladies arrayed on both Hides of the hAll
strewing the tloor with flowers as the party
entered.
MU. HAYES VIBITS IIIS UNULE AT BRATTLE-
BOBO.
Bbattlfboro, Aug. 17.—About eight
o'clock tbe President’s party arose greatly
refreshed, and breakfast was served in a
quiet way in the pleasant dining room at
8:45. The President then went to see bis
Uncle, and goes to Windsor to-night.
NEX PEKOES.
FREEDMAN BUREAU HOWARD APPEARS TO
BE IN PUB9UIT—GIBBON SAFE WITH HIS
WOUNDED—BENDING BK1NFOHOEMKNTS TO
HOWARD.
Chicago, August 17.—Tho following
was received this morning at the military
headquarters:
Deer Lodge, Montana, August 15.
To General Terry, Commanding Depart
ment :
I have just arrived. The wounded are
getting along well. Thanks to the prompt
assistance sont by the citizens of Helena,
Deer Lodgo and Butte. They will reach
here iu three days. General Howard left
the battlefield in pursuit day before yes
terday. Only fifty of his infantry were
op, and I sent with him three offioors and
fifty men.
I met Norwood’s company of the 2d
Cavalry on the Big Hole, and he is prob
ably with Howard by this time. Cush
ing’s two companies of artillery passed
here this morning in wagons and I have
ordered them to push down the stage road
at 40 miles a day, if tbeir stook will stand
it. I have also telegraphed tbe com
manding officer at Fort Hall to start some
of tbe BamnockR up towards Lemhi and
the mountain passes to got information as
to which way tho Nez Forces are heading.
They cannot travel rapidly with their
wounded, and next time they are struck,
they will be ruined.
Many thanks for your cordial recogni
tion of onr services in your dispatch of
tbe 13tb, yesterday.
[Signed] Gibbon, Com’g.
Tlie Walter* 01*1 Not Rob Long
Brandi.
New York, August 17.—Messrs Pres-
bnry & Hildreth, proprietors of the
West End Hotel at Long Branob, deny the
statement in this morning’s paper impli
eating their waiters in robbing of tbe
hotel. They say John Matthews and
Tassel Robinson, fnrnituro men are under
arrest for pilfering linen and silver
WQre.
Cardinal McCloakey at Newport.
Pbovidencnce. R. I., Angust 17.—Car
dinal MoCloskey was serenaded at New
port lost night by the Newport Catholic
Literary Association with the Fort Adams
Band. The Cardinal mado a pleasant
response to the President’s spoech of
felicitation.
Cumberland County (Maine) En
dome* Mr. llayeM.
Portland, Me., Angust 17.—Tho Cum
berland County Republican Convention
yesterday adopted resolutions endorsing
President Hayes* policy.
EXAMINATION OF NORFOLK CUSTOM HOUSE —
WAITERS SHIPPING PLUNDER STOLEN FROM
LONG BRANCH TO WASHINGTON—BAM BARD
GIMLETED SECRETARY THOMPSON AND THE
REST—RESULT SATISFACTORY ALL AROUND
—ORN. HANCOCK RETURNED TO NEW YORK
—$300,000 BOND REQUIRED OF THE
STEAMER DENMARK—OENH. M’NEIL AND
TERRY ON THE BITTING BULL COMMISSION
—MARINER RETURN FROM PENNSYLVANIA
AND MARYLAND AND ARE COMPLIMENTED
BY SECRET AUY—COLLECTOR OF FIFTII
NORTH CAROLINA—ASSURANCES OF TIIK
SPANISH MINISTER TO THE UNITED STATES.
THE GREEN CONSULS.
Washington, August 17.—The State
Department alludes to the fresh Consuls
as “uninitiated greenhorns, taken from
the rawness of everyday life.”
MIXED CROWD TO EXAMINE NORFOLK CUSTOM
HOUSE.
Secrotary McCormick is indisposod to
trust his special agonts, and has appointed
a commission of one from Llint branch,
and two from other branches of tho Treas
ury to investigate tho Norfolk Custom
House.
PLUNDERING WAITERS AT LONG BRANCH.
Plunder of all kinds has been seized
here, shipped by colored waiters at West
End Hotel, Long Branch. Several houses
here were raided and the goods found and
sent baok. The head waiter of tho hotel
a Washington colored person, scorns to
havo managed the pilfering.
SAM BAUD GETS HIS GIMLET IN.
Governor Sam Bnrd visited Secretary
Thompson this morning in the interest of
tbo Peusaoola Navy Yard. By the way,
many people seem to take an interest in
Pensacola. The Seorotary informed the
Governor that ho would visit the inter
esting spot not later than December, and
probnbly sooner. Ho goos with the Pres
ident to Nashville, aud may leave the
Presidential party there for Pousaoola.
Tho Secretary of tho Navy expressed to
Governor Bard his entire satisfaction
with the oopdition of affairs iu tho South.
Gov. Bard also snw the President, who
expressed himself more thun satisfied
with tbe development of his policy. Its
good effoots had already more than real
ized his sanguine expectations.
MARINES RETURN AND ARE COMPLIMENTED
Two battalions of marines from this
city and Norfolk, on duty in Maryland
and Pennsylvania since tho labor strike,
were reviewed to day in front of the Navy
Department by tho Secretary of the Navy,
Col. MoCaldloy, commandant of tho ma
rine corps, and the hoads of the sovoral
bureaus of the Navy Department. The
battalions numbered nbont 275 men, and
wero tindor command of Col. Ileywood
The Secretary oompliwouted them upon
upon thoir soldierly appearance. He has
also addressed a letter to the commander
of the corps highly commendatory of the
efficiency of the corps.
COLLECTOR OF FI FTTH NORTH CAROLINA.
Dr. Wni, H. Wheeler is appointed col
lector of revenno for tho 5th North Caro
lina district, vice C. S. Winstead, sus
pended.
ASSURANCES TO UNITED STATES GOVERN
MENT DY SPANISH MINISTER.
Special to Enquirer-Sun. |
Washington, Aug. 17.—Tho Spanish
Minister, Mr. Mantilla officially assures
the Aoting Secretary of State that the
Government of Spain is disposed to satis
fy the oomplaints which the United States
may desire to make in regard to the cases
of tbe ItiHing Son and tho Ellon Hispab,
even before they aro formulated, and to
prevent hereafter any cause for similar
ones arising. It appears that the aots
complained of were oommitted by the
same officer, a subaltern of a
rank equivalent to that of
coxswain in our navy, through a
misunderstanding or exoons of zeal. Mr.
Mantilla states that the Spanish Govern
ment directs him to give tbe Government
of the United States his assurance, that
hereafter the stipulations of tho treaty
ahull be strictly observed by tho smallest
vessels of tho Spanish Navy towards any
American vessel that may bo fouud on
tho Cuban coast, and within Spanish
maritime jurisdiction, and that orders
have now been given to tho Governor
General to that effect.
GEN. HANCOCK RETURNED TO NEW YORK.
Geu. Hancock has returned to bis
headquarters in New York. They were
at Philadelphia during the strike.
$300,000 BOND OF THE DENMARK.
The Treasury Department demands
$300,000 bond in the oaso of tho steamer
Denmark, whose crew are charged with
BmugBliDR.
GEN. M’NEIL ON SITTING BULL COMMISSION.
Gen. McNeil, of Missouri, consents to
act with Gen. Terry as commissioner to
Sitting Bull to forgive him if ho returns
to tho United States and goes on tho ros
ervution and will be a good Indian here
after.
THE BELLIGERENTS.
THE FORCES ABOUT EQUAL.
SICKNESS PLAYING HAVOC WITH RUSSIANS—
THEY HAVE LOST 15,000 MEN IN TWO
MONTHS—ALL RESERVES OALLED OUT—
SERVIAN MATTERS.
t'olk'ie Prenidnnt Dead.
Concord, August 17.—Rev. Asa D.
Smith, D. D., ex President of Dartmouth
College, is dead, oged seventy-throe
years.
RUSSIANS ADMIT 14,459 KILLED AND
WOUNDED TO AUGUST 9TH.
London, August 17.—The Berlin cor
respondent of tho News states KuRsia has
officially acknowledged the loss of 14,459
men killed and wounded up to August
ninth.
THE EFFECTS OF GREECE.
The News' speoial from Athens, con
tains the following : The Turkish mas
sacres awaken horror and indignation
bore. It is diffionlt to describe, and
equally diffionlt to estimate oonscqnoncos.
RUSSIANS RETIRING BEFORE SULEIMAN
PASHA.
The Daily Telegraph's special from
Adrianople, states that tho Russians have
evacuated Klava and Bobrova, and nearly
all tho country up to Tirnova. Suleiman
Pasha's advanced guard is close to Gabro*
va. He ha* received heavy reiuforconjonts
from Constantinople.
CZAR JOINS THE OBAND DUKE.
A Russian official telegram, dated Cor
ny, August 13, announces thut tbo Czar
haH joined the Grand Duke Nicholas at
that place.
RUSSIANS SUFFERING FROM FEVER.
New York, August 17.—Tho Gold aud
Stock Telegraph Company publishes the
following :
A London dispatoh from Bucharest
Rays the fever is epidemic in the Russian
army in Bulgaria, aud increasing. The
troops rIho want food, and they refuse
pay unless they can rooeivo it in tho coin
of thoir owu country. They threaton to
surrender to the Turks unless they are
paid iu tbo coin demanded. The present
state of affairs in the army is very nlurra-
ing.
GRAND DUKE’S HEADQUARTERS.
St. Petershuro, August 17.—Tboo ffi-
cial telegram received from Grand Duko
Nicholas, shows his headquarters are now
at Georug Stunden, probably the same as
Htuden, 12 miles south of Sistova.
oouuko'h small loss.
The telegram states that Geu. Gourko
says his entire loss from Jnly I4tli to
August lHt was 10 offioers aud 181 men
killed 27 offiers and 706 wounded,
and 57 missing, and tlie Bulgarian
Legion also lost 22 officers and 6(H) nion.
at ELENA.
Special to Enquirer-Sun.]
Bhumla, August 17.—Huleimnu Pasha
has arrived at Elena.
rervia’b matters.
Special to Enquirer-Sun.]
Vienna, August 17.—The Political Cor
respondence says it haH received informa
tion from a very truth worthy source, that
tbe question of Bervia’s taking part in tho
war has been discussed in the Herviun
Cabinet. Ministers Milookovitch aud
Grovitoh did not approve of such an un
dertaking, but M. Grovitch appears to
have since yiolded to the inilnenoo of M.
ltistiers.
London, August 17.—Iteuter’s Belgrade
dispatoh says it was to-day announced
that all the Ministers tendered tbeir res-
iguntions. Prince Milan has accepted
only those of M. Btrotoha, President of
the Council, and M. Miloijovitch. M.
Kistios has been appointed President of
the Conncil. The telegram gives no rea
son for this change, but in view of tho
Political Correspondence's news, it is pos
sibly significant with regard to Bervia’s
foreign relations, although there were
also known deficiencies in tho Cabinet on
internal questions.
One of the Krie Itailroiul Striker*.
New York, August 17.—Judge Dona *
hue, this morning, gave judgment in the
case of strikor B. J. Donahue. He aays
the aots coin pi a ned of were not denied,
and it was no excuse to allege the pris
oner was not aware tho railrond was in
tlie hands of the officers of the court. A
similar plea might be made in a petty
larceny case that tho thief did not koow
the property belouged to tbe person men
tioned il the indictment. After pointing
out tho gravity of the offence, the court
says it should be borne in mind that the
offenses aro such that tho prisoner may
be indicted for them; therefore be al
lows tho priaonor to be discharged at the
expiratiou of thiity days from the arrest,
whioh will bo next Wednesday.
Weaflier*
Washington, Aug. 17.—Indications—
For the Bouth Atlantic States, rising bar-
omoter, warmer southerly winds, partly
cloudy weathor and local rains will pre
vail.
FRANCK.
M MAHON REITERATES.
Special to Enquirer-Sun.]
Paris, August 17.—President MaoMn-
hon, who is making a tonr in Normandy,
replying to an address from the President
of tbe Conrt of Appeal at Caen, said ho
did not seek the triumph of any pnrticu.
lar parly, bat of those principles which
wero the foundation of society, which was
in serious jeopardy.
t'Aiiada Won't MU ou NiUtnic Hull-
Ottawa, August 17.—It is now stated
it is no part of tho arrangement that tho
Canadian Government should send a com
mission to aot iu conjunction with those
from the United States to treat with Bit
ting Bull.
Fiancrnl of Attorney Ueiierial Ilnialcl.
Richmond, August 17.—Tho funeral of
late Attorney General Daniel at Dr.
Ilogo's Presbyterian church,was attended
by a large concourse of citizens. Flags
over the oapitol wero half mast all day,
and State offices were closed.
Mtcttinaliip Completed*
Philadelphia, August 17.—Tho iron
steamship Texas, just completed at Mal
lory’s yard for the Mallory Line, left for
New York to-day.
Ifni I road Meeting ut Nuratoga.
Saratooa, Angust 17.—At tho annual
meeting to-day, passengers and others
interested in Southern and Southwestern
railroads, tho President of tho Nashville,
Chattanooga and St. Louis Railroad was
reappointed Chairman, and T. B. Boott,
President of the Richmond and Peters
burg Railroad,appointed Secretary. After
discussing, the question was referred to
under the call of July, a general commit
tee was appointed, with power to appoint
a sub- committee, and to report on the
varions topics of railway management to
tho meeting to be held on August 16th,
1878. The attendance was quite large.
Trotting ut Ctlctt.
Special to Enquirer-Sun.]
Utica, N. Y.,August 17.—Lucilla Gold-
dust won the fill for all raoo; Hopeful,
2d, and Nettie 3d. Time, 2:17.4, 2.18},
and 2:18}.
Mliermaii Mpeaks.
Special to Enquirer-Sun.]
Mansfield, O., August 17.—Sooretury
Sherman delivered u speooh
finances here this evening.
many WUo are Suffering
From the effects of tho warm weather and
aro debilitated, aro advised by physioians
to tako moderate amounts of whiskey two
or throe times during tho day. In a littlo
while thoso who adopt this advice frequent
ly increase the number of “drinks, and
in time become confirmed inebriates. A
boverago which will not oreate thirst for
intoxicating liquors, and which is intend
ed especially for the benefit of debilitated
persons, whether at borne or abroad, is
Dr. Sohenck’s Sea Weed Tonic. Contain
ing tbe juioos of many medioiual herbs,
this preparation does not create au appe
tite for the intoxicating cup. Tho nour
ishing aud life supporting properties of
many valuable natural productions con
tained in it and well known to medical
men have a most strengthening influence.
A single bottle of the Tonic will demon
strate its valuable qualities. For debility
arising from sickness, over exertion or
from any cause whatever, a wineglassful
of Sea Weed Tonic taken after meals will
stronghthou the stomach and creato an ap
petite for wholesome food. To all who
are about leaving tbeir homes, wo desire
to say that the excellent effects of Dr.
Soheuck’s reasonable remedies, Sea Weed
Tonic and Mniulrako Pills,are particularly
evident when taken by those who are in
juriously affected by a change of water
and diet. No person should leave home
without taking a supply of these safe
guards along. For sale by all Druggists.
c.ug2 eodlm
THE STRIKE AT KIRVEN’S I
Desiring to reduce my Isrge stook of
Dry Goods before replenishing for the
fall trade, I have struck former prices and
knocked them down so low that all oan
scon re great bargains. Will sell great
many Goods at New York cost, and others
as low as any “cost” storo. I mean what
I say, and will convince you that your
money will buy more here than elsewhere,
if you will take the trouble to call and
examine. My stock is fresh—no old
sliolf-worn Goods.
tf J. Albert Kibven.
Life-size Portraits in Oil on Canvass by
an eminent German Artist, at the lowest
prices, at Williams’ Gallery.
eod&wtf
AT COST! AT COST!!
Remember that we will offor for a short
while our entire stock of Spring and
Summer Dress Goods at cost and below
cost. Wo mean business.
tf Blanchard & Hill.
? TUTTS PILLS
Meet the wants of those who need a sale and
reliable medicine. The immense demand which
lias so rapidly followed their introduction is
evidence that they do supply this want, and
THE MOST POPULAR PILL
• furnished the Ami
medical authorities
■ all others, because they possess alterative
id healing properties contained i
r superiority
tonic, and healing properties contained in no
other medicine. Being strongly Anti-Bilious,
they expel all humors, correct a vitiated state of
the system, and, being purely vegetable, they
do not, like other pills, leave the stomach and
bowels in a worse condition than they found
them, but, on the contrary, impart a healthy
tone and vigor before unknown.
OUR WORDS INDORSED
Had Sick Headache A. Piles 30 Years.
. . . “/ am well. Gaining strength ami
He Defies Chills and Fever.
. . “ With Tutl's pills, we defy chills,
ois owes you a debt of gratitude." . .
F. It. Itipley, Chicago, III.
mrnmm
cd,a
changed to a glossy black I .
•plication ot this dye. It is easily ap-
like magic, and is as harmless as spring
Never disappoints. Sold by druggists.
$i .00. Office,35 Murray Street, New York.
BONNY DOON BERKSH1EES
FOR BAXiE.
( CHOICE BFKRNHIRK PIUM from
> first-clues “IMPORTED SOWS, bred to
tho following noted Prize Winners: “Rob-
inkood,” “Sralthoreon,” “Royal Smlthoreen,
“Royal Tombs,»’ and Sir Dorchester Cardiff.
on tho
tood. Send for catalogue.
WILI.1 AW HRI’CE,
Bonny Boon Stock Farm,
feb*27 wly Columbus, Georgia-
Negro Kill* HI* Wife In Cburck.
St. Louis, August 17.— Emett Coaky,
colored, shot aud mortally wounded his
wife iu ohuroli thin eveuiug.
$1200
^3 w fTcnes.
rats
cuixTiai & l\i .ctifaf*