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ATLANTA. GA . HEPTEMBER 2*. 1871
THE WEEK!,Y-©INSTITUTION.
VOLUME IV.!
ATLANTA, GEORGIA, TUESDAY, SEPTEMBER '26, 1871.
INUMBER 28
TM PavdaalH r*w«r.
We ore glad to oee that oar Bute papers
ore speaking out upon the grave wrong in
volved in the exercise of the pardoning power
by tbe Govern** - before trial and conviction.
Tbe old Constitution did not allow it. Tbe
new Constitution does n »t forbid it, and we
bare heretofore eipresaed tbe opinion that
tbe ( onstitution was changed by tbe Radi
cals for tbe express purpose of allowing tbe
Governor to (>ardon any offender* who might
commit crime for party interests. We could
give instances of pardon of this kind.
The late decision of tbs Supreme Court,
Judge Warner, dissenting, has riveted the
power in tbe Executive.
There is not in all candor an Executive
power more dangerous to the good order, tbe
law and tbe liberties of tbe people than Ibis.
There Is none that conflicts more with the
very essence of criminal justice. There is
none capable of more deadly abuse to the
injury of the State. It is wrong in princi
ple, indefensible in tb«>ry and fatally perni
cious in practice. It is a direct invasion of
tbe rights of tbe Judiciary. It literally
places the criminal jurisprudence of the
country in the hands of tbe Governor in vio
lation of fundamental law.
Tbe only remedy is in tbe circuitous pro
cess of a rep*-al of the Constitution on this
point by two-third* majorities of two suc
cessive Legislatures and the ratification by
the people
We called attention at the last session of
the last Legislature to tbe matter, and urged
action. Tbe lion. Dunlap Scott introduced
a resolution amending the Constitution in
this particular, but like n»?arly every other
good measure, it was not acted upon by that
mongrel incompetent body.
We trust that the State press will press
tha matter ujH»n the people, so that the
wrong may lie remedied as speedily as
possible. Let the public be awakened to the
daoger and impolicy of ih«* law as it now
stands, so that the text General Assembly
will a« t promptly.
New Jersey*
The Democratic Buie Convention of New
Jersey, which met on the 13th hut, nomina
ted lion. Joel Parker as its candidate for
Governor. The convention adopted a “ plat
form" mainly devoted to State .iff lira. The
following are the “planks” referring to na
lional politics:
§. Favors prompt and complete amnesty of
all persons for political offenses.
H> Favors the raising of a revenue for the
economical *upi»orl of tbe Government and
payment of tbe National debt by a tariff
up*hi luxuries, and tbe atjoliahmcui of taxi's
upon the iMs i-saaries of life is recommended.
11. Recognizes the laboring element as the
true wmrcc of national wealth ami strength,
•ml claims that the rights of labor should be
proper’y recognized.
19. Protests against the extraordinary
military power givcu by the late Congress to
tbe President.
13. Rcc^iixe* the Constitution and amend
ease's thereto as the organic law of the
country.
t4. re lieves the Government ought to lie
oo. of united powers as proacriUd in the
Con-t tuition, not a supreme, unlimited, im
per t*l Goverment.
Kx-Gov. Parker was elected Governor in
1462.by 14,500 majority. He was an earnest war
Democrat. In 1868, he was voted for in the
National Democratic Convention as a candi
date for the Presidency. In 1£6S, the New
Jersey vote on the Presidency was 103,000.
Hsjoiour receiving 3,000 majority over Grant,
and ti>« present Democratic Governor, Ran
dolph living elected by 3.500 majority. In
1870, the Republicans had a majority of 8,400
on tbe Congressional vote, owing l*> the a©
camion of the colored vote under the 15th
amendment, and to Democratic disaffee
upon our reepect. But we cannot deny that
they hate actually become a part of the (JonetUu-1
turn; nor tan me a mud that fact, nor got behind,
it, by thorn,ng the corrupt mmonduet of the men |
who at that bone controlled C engross and mac- 1
tered th* State Legislatures. Whoaomr swears
to support tbe Constitution must perform all
that is “nominated in tbe bond." Any change
which experience and reason shall prove to
be desirable must be made in tbe prescribed
way, and not by revolutionary and disorder
ly means.”
It will be seen that so far from announcing
the untruth that the amendments were con
stitutionally settled, the Pennsylvania De
mocracy deliberately declare that they were
carried by brute force and by fraud* upon
the public eo glaring at to take from their au
thor4 all claim upon our respect."
Could language be mors stronger ? Could
tbe usurpations of the Radical party be more
pointedly and forcibly put! 1 Could there be
a more conclusive refutation of the charge
made against the Pennsylvania Democracy
by some of their Boutbern friends, that they
endorse the method by which the new
amendments were passed.
We deprecate this warfare on the North
ern Democracy, in which doubtful damag
ing and far-fected constructions of their
viewa are eat up by their friends as points of
friendly attack. However goad the motives
of those who do it, k is teaming strife and
deirsion in tbe party, it is setting up danger
ous puppets just Vo knock them over at tbe
cost of party success, it is carrying the war
into our camps to tbe assistance of the ene
my, it is aiding our adversaries indirectly by
weakening our allies, and noUifying their as
sault*.
W© cannot too strongly urge upon our
Boutbern Democracy to be careful bow they
embarraa* their Northern friends, particularly
on doubtful grounds, anl fancied causes.
W ith the downfall of tbe Northern Democ
racy the No a them Democracy goes te de
struction.
Better pursue “masterly inactivity.”
OEC1HIO N H
W. Reid va. Jesse McLendon. Case, from j under the provisions of the Code. On the » agreed to deliver to the defendant a kiln of
Parker i* very popular. A hot tight b ex
pertrd. It will be seen lhat the New Jersey
Democracy bury tlie “war Issues."
As far a* wo have been able to learn in our
I vquiritis North, tbe Democracy by their new
movement mean pretty much what Mr
Htephen* has said very dearly in the follow
tag paragraph
•• We have no objection to those who acrcpt
tbe “fraudulent amendment*" ae existing facts,
while the administration of the government
U in tbe hands of those who are clothed with
power to enforce them; but who do not cn-
tP.rse them a* jiiuditics. We hail its friends
all lh<mr who arquitsce in them a* lie facto,
but not dc jure pari* of the organi • law.
This b, they “accept tbe fraudulent amend
ments *s existing facts," and “acquiesce in
them as /«4> |»arl* of the organic law
Borne go a lit Je farther, hut thb is the aver
age position, a* far as we could learn, and
when the fact can lieeome known that Mr.
Btepheu* “hail* as friends all lbo*e who ac
quiesce in ths new amendments as de facto
parts of the organic law" we augur good re-
•ults. Mr. Stephen* b right in arguing
against the Democracy declaring that the
amendments have been constitutionally set
tled, but we have never believed that the
Northern Democracy *o meant to declare.
The 9th resolution of the Pennsylvania
platform reads thus:
Resolved, That we recognise tlie binding
obligations of all the provisions of the Con
stitution of the Unit©! States, a* they now
axbt, and we deprecate the discussion of
iasets which have tioen settled iu the manner
t «d bv tbe authority constitutionally ap-
poCuki
We regretted to see it contended by South-
arn Democrats that the Pennsylvania Democ
racy ia this resolution applied tbe l»*t part of
U to the amendment*- W> think they did
aot so mean it M we claimed two month*
ago, thb resolution is divisible into two parts.
Tbe first recognizes the binding obligation of
all the provisions of the Constitution, includ
ing the new amendment*, a* defect.» tbe law,
Tbe second part deprecates the discussion of
tmue* constitutionally nettled, leaving it an
open question a* to what issues are so settled.
Granting that the construction b doubtful,
we think we should give the most favorable
cooatrnctiou to tbe resolution.
But fun—alely there b a certain teat of
tbe matter. Tbe Pennsylvania Democratic
Bute Central Co nmiltee, appointed by tbe
very Convention that passed the foregoing
resolution to issue an address illustrating the
view* of the Convention and interpreting iu
platform, use the following pointed language,
falsifying the damaging construction put on
that resolution by some of the Southern
Democrat*, and placing tbe purpwe of iu
framers beyond all doubt. W'e catl attention
to the italicized passage*:
-We here solemnly renew our oft repeated
declaration of fidelity to the great principles
upon which our party has acted from the
time of iu first • rganizalion Our ultimate
*ro those of our father* w hen thev
Adopted the Federal Constitution, to-wit:
~To form a more perfect I'nion, to establish
justice, t*# insure tranquillity, to promote the
genera! welfare, to provide for the common
defense, and secure tbe blessings of liberty to
ctumelve* and **or posterity." W’e sincerely
twibvr that the goverumcnl of the United
Blair*, adui in bared a* it was iu former days,
with * dir«*'t view to the advancement of
these principle*, a ould do for u> and for our
children all that any people can mmonaltly de-
in from the political system under which they
aw. ft r arc equally sure that if not earned
a*ut in the spirit of those by whom it was
framed, it must become a curse instead of a
blc*<ing Mtuated a* we are, obedience to
the fundamental law means not only the
hoar* performance of sworn obligations, but
freedom, peace and prosperity to all classes
•it the people. On the other hand, the osur
patson of interdicted or undelegated power b
aot ooly a crime ia Itself, but the fruitful
parent of other crimes, and will lead, as it
has already lead, to indefinite iniagovenunem
gomipuon and tyranny, subverting all
Bfct.-tV. and rendering the rights of all
u*. retire When we speak of the Fed
Coosi^uitoD. we mean the whole instru
ment, with 41i i*‘» amcndmer.u, and acknowl
«dge ’ the equal obligation of every pari.
Booeral of th.ee amendments were carried by
brute fore, ami by frauds upon the public trill,
go glaring as to tale from their author* all oiasm
The Augusta Chronicle and Sentinel of
Tuesday, brings us the particular* is full of
the auel fought on Sunday, Just outside of
the corporate limits of the manufacturing
town of Graniteville, South Carolina, be
tween two gentlemen of Augusta. The
weapons used were Colt’s navy revolvers,
loaded by gunsmiths in Augusts, the distance
was fifteen paces. The principals were Cap-
lain Wm. M. D’Antignac, of Augusta, and
Mr. Dell, of Bt, Louis, Missouri, who ha*
been residing in Aognata for sores tins past.
A difficulty occurred between tbs parties
Friday night, which resulted in Captain
D’Antign&c striking Mr. Dell. Before the
fight could progress any further, a number of
gentlemen present Interfered, and prevented
further hostilities. A challenge was sent to
Captain D’Antignac by Mr. Dell, throngh
Mr. G. E. Ratclifie. The invitation was
accepted, and the challenged party named a*
his friend Mr. J. B. Harris*. The matterJiav
ing gained gome little publicity, tbs parties
were arrested, appeared before Judge Olin,
waved a preliminary examination, and gave
bond each, in the sura of one thoasand dol
l to keep the peace.
Saturday night the challenge was renewed
and after a consultation between second*.
meeting was arranged te take
place at Graniteville at seven o’clock the next
morning. Ten or twelve person* accompa
nied the party to witness the duel, and Drs.
Campbell, Carter and Ford, went to give
medical assistance if needed. After being
arranged on the ground, Mr. Harris* was se
lected to give the word. Hs repeated the
usual formula, ana at the word the parties
fired. Mr. Doll was uninjured, but Captain
D'Anlignac had a narrow escape. His an
togonist's ball entered the left lappel of his
coat and passed out near tbe arm without
raising the skin. Mr. Dell not being satisfied,
the duel proceeded. At the second fire Cap
tain D. was uninjured hi* ball entered Mr. D’*.
right leg, a few inches above the knee, inflict
ing a flesh wound, and passed into the left
leg making a wound of a serious character.
This ended the duel. The parties all returned
to Augusta without being arrested.
Had Ira I Bardea*.
From 1780 to 1861, a period of 79 years
the government cost tho people $2,233,667,
161, or leva than the present national debt
This included four or five war*, and tlie pur
chase of several State*.
Wliat s-ball lie said of an administration
that lias wrung in taxes from the p**ople since
the war. a period of six years, more than tbs
whole Government cost for 72 year*, and
spent every dollar of it running th* Govern
ment for tbe six years, save a paltry two
hundred millions, which it has pretended to
apply to reducing the debt.
Verily wo had better try a change.
The California Bafagf.
T! err has been a good deal of speculation
as to the causa of tW* Democratic defeat in
California, some of the paper* la this tRat®
attributing it to the movement of the De
mocracy in burying the “war issues.”
We have taken some pains to get the truth
from our Calafornia exchange*. A* far M
we can learn, the burying the war issues had
nothing to do with it.
Th* Oakland News, Republican, gives the
following account;
“ The change that has taken ptoc* i* public
opinion is attributable to other causes, chief
of which was. under the circumstance*, the
unwisest nomination that the Democratic
party could have made. To this may be
added tlie defection of the Germans, which
W*s occasioned by the animosity of the Irish
and ?Ue unfriendly conduct of the Demo
cratic pres? during the Franco-German war;
the accession of the colored vote; the occur
rence of tbe New York riot; the Bute Cap-
iul fraud*, tbe prottgacy of lk*t Legisla
ture—but, as w* said in the beginiting. tbe
nomination of Governor Haight against the
wishes of a large portion of ki* party, and
with such a load, errors and dereliction* upon
his back, was enough to sink the concern. ’
The Sacramento Reporter, Democratic,
concur* with the News in the above, save
that it thinks that the Government need iu
workmen liberally, and that Haight had for
midable enemies among the Democracy
adds further:
“We will name three causes which are eer
tainlv enoagh to account for the result of the
election. First, the negro vote; second, the
defection of the German Democrat*; third,
the popularity of Booth ”
This is probably .the true .solution of the
matter. _
Political News ItMU.
[.x)xdcxbbd rou run coaanrmoa J
Governor Gearv, of Pennsylvania, is ill of
bilious fever.
The number of colored voter* in the Union
is about 879,116.
The Radicals in Washington arn carrying
the spirit of party proscription in Ibai fiUy
it* utmost extent
Tbe Democracy of Savannah will meet on
the 21st for the purports of organizing for
th* seguing municipal election.
The Detroit Pre* Preai Ifcjfik* there is an
evident determination on the ansi at th#
president to place the whole South under
military »jortirol during the election of 1872.
The only frank thing?*bout*General But
ler’s elcctioneery speeches ia aald to be th®
use of his Congressional privilege to send
thousand of printed oopiaa thereof through
the mails without paying postage
The Richmond Enquirer, in diemestng the
question as to whether th® father of the il
lustrated Beast Butler had been hung for
piracies committed on the Gulf coast, con
clude* by saying that the moat astonishing
part of toe>u>ry ia, not that the father may
have been hung, but that the son, at the ege
of fifty-five or sixty An* not been.
iirsBMi cetriT nr ei
Delieered at Atlanta, Tuesday, Sept. 19, 1871.
i Avum cosvn-
G. A. -Worthys administrator vs. H. O. Tate.
Equity, from Troup.
LOCHRANE, C. J.
When a bill in equity was filed by Mrs.
Worthy alleging that she had purchased from
Tate the premises in dispute, and having
great confidence in him, had given him the
deed and tax receipts thereto, at his request
which on her request to return, he said he
had burned up, and the prayer of the bid
was to cause said deed and tax receipts to be
returned, and also to enjoin proceedings to
eject hei a* the tenant of Tate the former
owner, under tbe provisions of the Code
against tenant* bolding over. And she further
presented her inability to give bond under the
section of the Code requiring security with
the conn ter affidavit to &rre»i the proceeding*
under the warrant, etc., and the bill was de
murred to and a motion made to dismiss it
upon tbe ground that there was a complete
remedy at law, and for want of equity, which
motion to dismiss wss sustained by the
ourt.
Held, Under the fact* presented by the
bill that this was error. There was equity ia
the bill as against Tate, to cause the delivery
of the deed and tax receipt*, and the pro
vision for defense by counter affidavit aad
bond undar the 4907 section at trio Uada wan
not ample and complete, and the facts de
veloped such a condition of alleged fraud
and trust, as invoked tbe jurisdiction equity.
Judgment reversed upon the ground the
court erred in dismissing tbe bill under the
facts in this cose.
B. H. Bigbam, by T. H. Whitaker, for
plaintiff in error.
Longley <& Harris, N. J. Hammond A Bro.
contra.
Isaiah Hollingsworth vs. J. B. Tanner. Re
fusal of Injunction, from Henry.
LOCHRANE, J.
Where, upon a bill filled to eajoin the exe
cution of certain fi. fa. obtained against A.
as principal, and B as surety, upon the ground
lhat the owner of the fi. fa. had made a con
tract with A, by which be owed him an
amount equal to the judgment, and which
he paid him to tbe wrong of bis surety, by
which the surety claimed to be discharged,
and upon the hearing the holder of the fi. fa.
by his answer showed that he was the owner
thereof, and that during tho war ho had em-
jloyed the principal defendant to carry off
nis negroes out of the reach of the Federal
army, and had paid him therefore at the time
in old issue of Confederate money, and that
his family were destitute, and that there was
no collusion, etc., and the court, upon tho
bill and answer reused an injunction :
Hbld, That this court will not interfere’
ith the discretion of the judgment in re
fusing an injunction under the facts in the
case, and that the employment and payment
of the principal defendant as stated, did not
discharge the surely from liability oa the
judgment.
J udgmen t affl rmed.
A. AI. Bpecr, B. C. McDaniel, for plaintiff
error.
M. Arnold, contra.
Thos. 8. Powell vs. Jesse Boring. Relief
Act 1868, etc., from Fulton.
LOCHRANE, C. J.
Where a party upon a motion to open a
judgment under tlie Relief Act of 1868,
which was dismissed by the court, fails to
bring up in tho record to this Court, the
original record of the judgment moved to be
opened:
Hki.d, That, inasmuch as tlie party alleg
ing error must show affirmatively the exis
tence of the error complained of, that this
Court will presume, in the absence of the re
cord of the judgment, everything in favor of
the judgment, and of the dismissal of the
motion.
Hklu auxin, That, where it appears, from
tlie statement of tho facts set out in the mo
tion, that the defense to the original suit in
volved the same issues now involved and pre
sented by the motion, this Court will not set
aside the judgment of dismissal.
Hkld again. That all motions under the
Relief Acts to open Judgment, must be con
fined to the legal equities authorized to be
pleaded by said act, and new mallei a of de
fense not embraced in thd law are insufficient
to predicate such motion upon.
Judgment affirmed.
P. L. Mynalt, Tidwell, Feara A Arnold, for
plaintiff in error.
A. >V. Hammond & Son, L. E. Bleokley,
contra.
B. Welborn vs. Warren Aikiu. Assump
sit, from Fulton.
Troup.
McCAY, J.
This was an action on the case for damages
alleged to have been suffered by the plaintiff
in consequence of the seizure of his cotton
hearing of the certiorari both parties excopt-1 brick, to be taken at kiln count, and at
ed to the ruiiigs of ths court The court be- specified price per thousand, the plaintiffs
low decide4 T that the Constitution of 1868 ! would be entitled to recover, if the bricks
having recognized «*<! adopted the Cotie" were delivered, whatever the kiln amounted
called Irwin'eCpde did not destroy or abolish * to at kiln count, at contract price. If the
appear, that qo particular juror was objected ! We find no error in this record which will
to on the ground that he was not an upright, 1 authorize this court to interfere with the dis-
1865 by the United States Treasury officials,, the right to oat and try cases of focible testimony should satisfy you that plaintiffs
which seizure it was alleged was caused by an | entry and detainer as heretofore practiced iu sold and agreed to deliver to defendant brick
affidavit made by the defendant to the effect j this State. Upon this point ia the case we at an agreed price per thousand, and that on
that plaintiff had subscribed that amount of affirm the judgment of the court It does that contract they delivered brick, then you
cotton to the Conferate cotton loan^and had; not appear in the record how the jury were I will find for the olaintiffs the value of the
not paid them same, which affidavit it was i drawn for lb* trial of the case, but it does brick so delivered at that contract price.’
alleged was untrue, it was in proof # that
tbe defendant had made the affidavit* and
lhat the ulaintiff, had subscribed to the said
loan, and had, in fact, fully paid it. It wa9
further proven that the Treasury agents had
seized the cotton, and that the proceeds had
gone into the United States Treasury. There
was also proof that the defendant, who was
himself one of the sab-agents for collecting
th* cotton loon for the Confederacy, had
some reason to believe and did, in fact, be
lieve that the plaintiff had not paid his loan
to tho Confederacy.
The court waa asked to charge, that if the
plaintiff’s cotton was seized by tbe Treasury
agent* in consequence of defendant’s affidavit
and that said affidavit was untrue, he then
was liable for plaintiff’s damage, and that the
measure of the damage was the value of the
cretion of the court below in overruling the
motion fora ntw trial in this case.
Judgment affirmed.
L. J. Gartrell, Henry Jackson, for plaintiff
in error.
Tidwell A Fears, M. Arnold, contra.
intelligent jui »r. The court below decided
that as there was no evidence going to show
how tbe jury .was selected, summoned and
impannelied, the legal presumption was that
they were properly selected, summoned and
impaaneled. Inasmuch as the Act of 1869
relates excluritoly to the selection of jurors
for the Superior courts and inasmuch as the
General Assembly have not provided by
law for tH> selection of jurors for [coimhid won ths coxmttctiox ]
the trial of coses of forcible entry and de- Mr. J. N. Carter, of Talbotton, has been
tainer by Justices of the Peace under the! seriously injured by being thrown out of his
Constitution of 1868, the jury may be select- ■ bujrgy. Tbe weather continues unfavorable,
ed under thefow aa provided by the Code for 1 ana but little corn or cotton being gathered
that purpose$o they are upright and intelli- i The cotton crop will be very short in this
fi**rfls News Item*.
LOCHRANE, C. J.
Where it appear* from tho record that A
sued W upon a promissory note dated in 1868,
and that W had tiled hi* plea under oath,
that it was given in renewal of a contract
made before the 1st of June, 1865, and the
court called the case out of ita order on th**
docket under a rule by which he disposed of
case* in which no issuablo defense* were tiled
under oath, and against the objection of W,
heard the argument on tho plea, and dis
missed it upon the ground that the art of
1870 waa unconstitutional:
Hki.d, That the court erred iu dismissing
the plea upon this ground. The law of 1870
is not expod facto, lor lhat applies to crim
inal and not civil cose*. The requirement
that an affidavit be tjlod that ta\e* due the
Male thereon have been paid, does not ren
der it unconstitutional, jf no tax was due,
tue law impose* none, and if the tax wo* due,
creditors are not a favored class to be exempt
ed from tbe payment of their legal taxes.
The Pariiainenlory law said to be violated,
and, by it the constitutional provisions for tho
passage of laws, does not operate to render
t umx'hHlilutional. Acts of the Legisla
lure are pta*tiu;£d to be constitu
tional, and courts' will not declare
I hem void except in clear and urgent cases
t does hot impair the obligation of contracts,
for the law doe* not al;zT t ipodifv or change
a word in it; nor does it impair the remedy
but both stand untouched by the law, anu
the requirement of the payment of tax due
on the contract neither impairs the obligation
of it nor denies the reairily; ftgd pjpfact pre
sented by the plea lhat the note sued on Was
given in renewal of an old debt duo before
1st Jane, 1865, if denied, was an issuable
defense; if not denied, it staved judgment
unliil the law was complied with, and if de
nied it was a t»U Ui t® tried by a jury.
When on the motion to set aside a judgment
made in the case, it appear* that tb* note
was given in settlement and consideration of
f claim held and a judgment transferred upon
a third pafly, *r f 4 was not within the provis
ions of the Act of 1870, labile we hold the
court erred in dismissing the plea foil Iff the
facta when U ippeors no injury wo* done to
the defendant and his foi l* let up sufficient
to show the judgment would nut h* changed
by a new trial and reversal, a new trial will
he refused. We affirm the judgment upon
this ground.
Judgment affirmed.
McCAY, J., umeurrod <>n both grounds.
C. Van Artsdale vs. Cathleen Joiner. Tro
ver, from Fulton.
MoCAY, J.
In an action of trover for a watch, It ap
peared that the true owner of tbe watch was
the plaintiff—a married woman—that her
husband had pawned it to secure $150 ad
vanced to him upon it by the pawnee, that at
tho time of the pledge the husband bad
waived ia writing, his right to thirty day’s
notice, etc , as required by section of the
Code, in cose th* debt was not paid, and
that the pawnee, on the failure to pay the
loan, had sold the watch, by an auctioneer,
to the highest bidder but without the thirty
day’s notice to the pawner, and that tho de
fendant was tho highest bidder, and was now
in possession, and had refused to deliver to
the plaintiff.
There was evidence that the wife had au
thorized the husband to ra:se money on the
watch, but there was other evidence contra
dicting this.
The court charged the jury, that even If
the wife had authorized the hnsband to raise
money on the watch, this would not author
ized him,*to waive the provisions of the law,
a* to notice, and mode of sale in case of,
default, and that her title would not be di
vested unless the sale was in pursuance of the
statute.
He further charged that the measure of
damages was the value of the watch and re
fused to charge, as requested, that if the
husband had authority to pledge it to raise
money the wife could not recover until she
paid tbe amount advanced.
Hbld. 1. That tho mere authority to raise
money on the watch did not authoizo the
husband to consent to the sale oxrcpt in the
ordinary mode after due notice a* required
by the statute.
2. That the title of the plantiff was not
divested by the sale, without the notice etc.,-
required by tlie Code.
8. That the plaintiff could recjver without
paying or offering to pay tlie money borrowed,
even if the husband had authority to raise
money by pledging the watch, a* the sale was
a conversion.
4. That the defendant acquired by hi* pur
chase evory right of the pawnee, and was en
titled'to reduce the damages by the amount
of money duo the pawnee, since, if the hus
band had authority to raise the money a* the
agent of the wife, her damages from the con
version was the value of tho watch leas tlie
money advanced thereon by thereat.
5. That as there was evidence pro and cjn.
as to the authority of tiTo husband to pledge
tbe watch it was the right of the defendant
to have the law charged to the jury in both
aspects of the case and aa the court charged,
tho jury that the measure of damages wo*
tho yalue of the watch in any event, this
was error and the Judge erred In not grant
ing a new trial.
Judgment reversed.
llillycr A Bro., for plaintiff in error.
Collier & Hoyt, P. L. Mynalt, contra.
and if the jury had so found, the court below
should not have tet aside their verdict, but
the jury found a verdict for “forcible detain
er” only, and thereby negatived the fact that
the entry by defendant on tbe land was for
cible and without authority of law, and this
Court cannttTnow assume that it was so, as
there is sufficient evidence in the record to
sustain the verdict which was conflicting in
regard to that point in the case, of which the
jury, according to the repeated rulings of
this Court, were the proper judges.
Does tho evidence in the record show that
the detainer «f the possession of the lsnd by
the defendant.was forcible and without au
thority of lawr The only evidence upon
that point is, that the agent of the plaintiff.
notified the defendant to quit the land, and in Furnm.*
IS £&££? of “fill I ‘J rv?
land; that defendant had morod on* of »h« f. ab °i' t ,ortjr durin «
bmuea on tl* land. ‘Torciblo detainer UI '.fiw An areragescorn
▼iolentljr keeping ponenion of land. Sr*5“ b “ n n “ do m tW » •^Uon.-JfiMfe
and tenements, with menaces, force and ’
urns, and without authority of law,” Washington, September 14.—A gentle-
Cod* 4,452rV The verdict of the jury | man named Wigfall. formerly of Virginia,
ta the allegation that the entry of the but who is now a resident of Brooklyn, owns
ndant on Jthe land was forcible and with-1 a handsome residence in Clinton avenue, iu
out authority of law, and there is no evi- j that city, valued at seventy-flve thousand
dence in the record that the detainer of the dollars cash. Ho says that within tho past
possession of the land by defendant was for-! ten days a prominent lawyer of Georgia pro-
cible, within the true interest and meaning I posed to him to buy this property, offering in
of the law applicable to such eases. The pat ment a certified claim against a certain
mere defending a suit at law for the posses- j railroad In Georgia for legal fees amounting
sion of the land by the defendant did not j to one hundred thousand dollars, stating that
A live unknown
about three weeks
found on Monday night about niue
gent jurors, which is not lnconsistant with tion. Planters feel confident of high prices
the ConstitiMijn of 1868, and we affirm the and being principally out of debt, do not in-
cotton, with additional damage* as a punish- I judgment of the court below on this point in I tend to rush their cotton on the market,
meat if the proof showed malice on the part j the case. Tf!e court also decided that there Talbotton Standard
of the defendant
fused, and
acted in good >UU >u«uv vuo Mtiuam civuci » luiuuro vuuj vn ■ tuiviuic wi
on proper demand by the United Btatea of- tainer” of the land by the defendant Dar- , '
flciala, honestly believing, bn wo* slating the W
truth, after pwsir esatioa and prudence oa
his part as to his means of information he
was not liable at all, even though he was mis
taken in the statement that the loan had not
been paid.
Hbld, That there was no material error in
ths charge, and the jury having found under
the charge for the defendant, it was not error
in the coart to refuse a now trial.
Judgment affirmed.
Mabry, Toole A Bon, Longley A Harris,
Win. Dougherty, for plaintiff in error.
B. H. Bigbam (by T. H. Whitaker) Ferrill,
Hammond A Bro., contra.
id&nL This charge the court re-1 was not sufficient evidence under the law to t a o ..
charged that, if the defendant have authorised tbe jury to find a verdict for.. . 1 “ * sensation.
4 faith, and made the affidavit either a “fo»« ible entry” or a “forcible de- i, 1, > lr ' a PP ar ^ aU J
- Uin«' 1 ol tb* Uod bf the defendant D«r- °J d : fou ? d ,
noil u .Tui iha nl.lntiff Hamrick I <> «*>«*. “ e P* of • promineut citizen’s
I» residence. Tho lod,rc of knights of Jericho,
UitJTuT 'hrs r^rd w* IhiZk. there I in «p»ru, is in . flooring condition. The
SEIlJW« S’E^tonJT. Ter-‘' SSS&. "ad‘uu though,‘’Z’STtmin
diet under the law for a “forcible entry’ | ^ dl J u ° W0Ck
an/I I* skn Inr. Karl snAnnJ (Kaennrl Kr.lr.os I OOUMCm 10114$ Olid I'tOntCC.
T. M. Haddock Has issue! a new directory
of Savannah. A British tailor was badly
stabbed near tho Gas House, by a negro a
few days since. The name of John O. Fer
rill has been suggested as Mayor of Savan
nah. Many citizens in a communication to
tbe Republican, suggests the name of Gen
eral Joseph Johnston as a suitable candidate
for the Democracy of Savannah to run for
Mayor.—Savannah Republican.
Two negro women got into an altercation
near Med Patrick’s, and one cut the other
severely with a knife, causing her entrals to
protrude. George A. Cuningham and Chas.
R. Johnson, Aldermen of Grifiln, are dele
gates to the Baltimore Convention. J. R.
amount to a forcible detainer, as the-Justice
charged the jury on the trial. There was no
error in the jndgment of the court below in
sustaining the certiorari and setting aside the
verdict on the statement of facts disclosed
by the record, and we affirm the judgment of
the court on tj»,at point, but instead of award-
all he had to do wus to present the claim and
get the money. Wigfall refused to give the
name of tho lawyer as he had been requested
to treat the matter confidentially. It is sus
pected that this claim is againat the 8tate
Road and certified to by the commissioners
recently appointod by Bullock to settle the
ing a final Judg ment in the case, we direct claims against that road.—Special Dispatch to
that a new trial be had of the whole case be- the Savannah Advertiser.
fore another jury.
Judgment affirmed and anew trial ordered.
L. R. Ray for plaintiff in error.
Lester & Thomson for defeudaut.
8. T. W. Minoj vs. H. V. Clark et al. Equity,
from Fayette.
WARNER, J
James M. Crofut, Chairman of the Board
of Health of Beaufort, South Caroliua, In
forms the editor of the Savannah N ews that
the yellow fever has entirely disappeared
from that l<>catily. Woollen & Haight’s
Circus gave their last performance yesterday
evening, and the managers are assured that
they have fully corno up to the greatest ex-
This is a bill filed by the complainant 1 pectations, and merit the liberal patronage
ty A Clergyman was asked whether the
members of bis church were united. He re
plied that they were perfectly Halted fryeem
WARNER, J. concurring.
I concur in tho affirmance of the judgment
of the court below, on the ground that
Act of 1870 requiring an affidavit of tbe pay
ment of taxes on all debu contracted prior
to the 1st June, 1865, as a condition pre
cedent to a recovery by suit thereon in the
courts of this State, is unconstitutional and
void.
Olin Welborn, A- W- Hammond A Son, for
plaintiff in error.
Hill A Candler, W. Akin, contra.
James M. Austin va. Wm. Markham. Motion
from Fayette.
McCAY. J.
1st. A motion to reinstate a case made at a
term subsequent to that at which the judg
ment of dismissal waa had. stands on the
footing of a motion for a new trial, and re
quires the same excuses for the delay a* le
required in motions for new trial after the
has passed.
H A propose to pay a debt due by an ap
plicant to be declared a bankrupt, in consid
eration that the payee will withdraw his ob
jections in the Bankrupt Court, tc in* dis
charge of the bankrupt, is illegal and void,
nod po action can be sustained on »uch
premia
Judgment reversed-
R. T. Dorsey. Hugh Buchanan, for plain
tiff in error.
Tidwell, Fears A Arnold, contra.
BparksATyeva David Burghiem. Certiorari
from Fulton-
McCAY, J.
Section 3987 of the Revised Code, requiring
the plantiff In eertsorari to give the oppoeue
party in interest written notice of the aano-
uoa of tbe writ, and time and place of hear
ing, at least three days before the sitting of
the court, to which it is returnable etc., ecu
applies to cerOoraris from the justice
courts, and is still of force under the Coastitn-
tiooof 1868.
Judgement affirmed.
Mynau A Dell, for plantiff in error.
John MiUedge, Jr., eontra
E. J. Sullivan vs. The Cotton States’ Life
Insurance Company Complaiut, from
Henry.
WARNER, J.
This was an action brought by the plaintiff
against the defomlnut <>n * Life Insurance
policy, dated October, 1869, by which the de
fendant contracted to insure the plaintiff and
her hu^bnqd on the terms and stipulations
therein contained, in ihe sum of one thous
and dollars, during the conlipuapce of their
natural lives. The plaintiff allege* tbnt her
husband, T. M. SuHivno, died on the 7th day
of May, 1870. Tlie defendant plead ia bar
of tlm plaintiff's right to recover, the non
payment of tho premium dqe oq tl)e policy
oa the 93th of April, prior to his deqth, as
required by tho terms aud conditions of the
policy, which is as follows: “That an annual
premium of fifty-eight dollars and four cents,
to be paid on or before the 25th day of Octo
ber, in each end every year, from the date of
and during the continuance of this policy,
which annnal premium is to be paid in man
ner following : An annual loan of twenty-
nine dollars, and a cash semi-annual premium
of fourteen dollars and eighty-one cents, to
be paid qu the 2Qth day of October and
April. Provided, Alqrqjl XU(J this policy is
issued by this company, ana accepts) by the
insured, on the following exprtss condi
tions : First, ff the premiums due on
lias pulley ikall not l<e paid at
the times above mentioned, then Uiis policy
shall terminate and become void and of no
effect.” 8uch is the express condition of the
the contract in relation to the nonpayment
of the premiums stipulated to be paid in the
oolicy. On the trisi of the case it was uot
|)rete«*ded that the semi-annual premium
which became due on the 25th of April, 1870,
had been paid, or offered to be paid by the
insured to the company or iu agents, but the
plaintiff offered evidence to prove that prior
to the execution and delivery of the policy,
one who was acting as the agent of
the company tq obtain policies of insurance,
told the deceased tuat qSfoqld qi^ke no dif
ferent if Ifoe premiums were not paid tygu-
larly to the day, to the mopey was paid in a
short time after the day, if paid as soon as
convenient afterward. Oa objection being
jnsd®, this evidence was rejected by the court,
ana the plaintiff excepted. There waa no
error in the court in ruling out this evidence
It is a well settled principle of the law that
parol declarations hafcnqt be received to vary
or contradict the terms of a wmuto contract;
all that was said between the contracting par
ties in relation to the terms and stipulations
of the contract, is presumed to have been
merged in the written contract, which is the
highest and best evidence of the contract
between the partire. In lbs absence of any
pyidence as to the fraud, accident or mistake,
at tho time of its execution,' delivery and ac- ]
ceptance by the contracting parties. And
the may be said of the entire evidence
of Mrs. gqllivan, which was ruled out by the
court. As to the evidsneg of tip) custom of
tbe company to receive the payment of pw»-
m iums after the day of payment had expired
from living persons who were insured—ad
mitting that suck 9 custom wm proved, still ;
there was no evidenoe that it wm the custom
of the company to receive the payment of
premiums after the day of payment when
against the defendant's pray log for a specific
performance of an alleged ’contract in rela
tion to a tract of land. Tho complainant
alleges that the lot of land whh the property
>f L. B. Clark ul tho time of hi* death, who
died leaving a will by which he appoiuted
his wife, and •jA'liaily, executrix and execu
tor thereof, trim-in the year 1865 the execu
tor and legated under s tie! will enterod into
an agreement to divide the tentatoris estate
without any reference to th© provisions of
the teatatorjiwdll, that Franklin Clerk, ane of
the legatiK'aTObor the will, transferred fch» In-
te:est u* such legatee to one Austin, that
when the division of the estate uhder tho
agreement t«x>k place, Austin received as hi*
alnire thereof iot of laud No. 184 upon his
paying to the other parties th**um ot $1,500
in Confederate money; that atterwarda, oq
the 25th M* eh, IMS, Austin executed bis
obligation to the complainant for the Mum of
$5,000 in t-oufederate money or $100 in
gold, which wa* to be discharged hr making
him or hi* heirs a title to lot No. l&i, drawn
by Austin as part of thecsiato of the deceased
testator. It also appears from the complain
ant’s bill that this tract of laud was sold |hy
the executor* of the testator by virtue of an
order of th© Court of Ordiuary at public
outcry on the first Tuesday m January,
1366, for the sum of $1,150, aud
purchased by Hiram Clark, one
tho legatees under the will, who has
since sold it to parlies who had notice of
complainant’s claim. There is no allegation
in complainant's bill that at the time of the
alleged division of the testator’s estate, that
there were no debt* due by the testator, or
that all life legatees tyere of fufl agp, but oq
th© contrary, it appears on the facp of the
bill that one of them was a minor. The
prayer of the bill is that th© legatees under
the will may lie decreed to execute a title to
the complainant to lot number 184, he offer
ing to'‘(>4y tl;o yjUuo of tbe $l,5QQ du« by
Austin in Confederate money in February,
1865, tho time of the division of the estate.
To this bill of complaint the defendants de
murred for want of equity, the courl sus
tained the demurrer and dismissed it, where
upon the complainant excepted:
Held, That there was no error in tho
court tielow in sustaining the demurrer for
want of equity, and in dismissing the same.
Judgment affirmed.
Tidwell A Fears, RT. Dorsey, for plaintiff
in error.
J. S.'Hlalqck, C. peepjes, contrq.
■* *■■**• >**llllle« 1 always distinguished for honesty and integri-
The nomination of the Hon. James »■ j tOT<X ^ r ' a tb * tC,ly
Doolittle ns the Democratic candidate for j Everywhereit U reorganizing, laving aside
Governor of Wisconsin is a wise act. | dead Issues, and rising to meet the great
"COMh; HOMK, RUFUS.''
SONG OF \ STATE BO AD RADICAL,
Standing at tho calibooao door.
For hc> loot hi* “i*o*tsV oa the Road,
And a “rturm" if (wlting him tore.
Rcrns. dear Rafu«, come hack to we sow.
Not a (Mtt have I left, not a hone:
Ton waitl yon would come “utrait beck" from Am
North,
Aa aoon aa “tho^e bond**" were *11 goaa.
The “cro*» tie*' *rv dame, and iu oold wlikoat ire.
And yet—It'* tUrnttl hot
In these h^tne hotaw* .ind hamap that we
“B» the •trict^t scoaomy" got.
Knfii
Nancy Woddail y». Austin 4 Holiday.
Complaint, from Fulton.
WARNER, J.
This was an action brought by the plain
tiff* against the defendant on a contract for
the purchase of a kiln of brick, and on the
trial of tbe main question at issue between
the parties, was whether the bricks were sold
by the plaintiff* to the defendant at $62bO per
Uioujpand at ki)a count, or at that price per
thousand 43 the seme we*e djtiiief«d to tlu
defendant. On this point in the case the evi
dence was contradictory and conflicting. The
jury found a verdict for the plaintiff*. It
also appears in the record that after com
mencement ui the suit, the plgtqtiffs had been
declared bankrupts. A rnqtion was iqade
for 4 pew tiid Oh the ground that ih« potij-t
erred in saying to th® jury tbet jf they found
for the plaintiff*, they should find their ver
dict in the name of the plaintiffs for the use
cf the assignee in the bankruptcy, and
gested to them the form of their verdict
find no error in the ruling of the court on
this point ia the case. The verdict and judg
ment will be a sufficient protection to the de
fendant, and it waa not a matter of concern
to her who got the money if she owed it;
besides, it does not affirmatively appear that
her legal rights were in any way injured
on the trial by this ruling of the court
as to tbe form of the verdict. It appears
in tho record that evidence waa admitted
on the' trial without objection, that the
defendant had sold the bricks at a
higher price than she had paid for them.
After the conclusion of the charge of the
ebuit to tba ^ury, fhe defendants counsel
orally requested the court tp charge them,
that the sale of bricks at a higher price than
tb® defendant paid for them could not influ
ence them in finding a verdict, which request
the court refused, ft is not by any means cer*
tain that it would have been proper for the
UicU they have received in our city. _
difficulty occurred between two colored sta
men in Savannah, by the names of Charles
Cole and Isaac Uavelow, in which the latter
received a cut. from the effects of which he
has since died. Mr. William Rogers, Bupcrin •
tendent of the Central Railroad, has been in
Great Britain for some time purahasing steel
rails for the road. Mr. Wadiey, President
of the road, intends building a mammoth
depot in Macon ou the site of the old
Court House, at the foot of Mulberry street.
ftavanqaU has burglars. Col. Henry Eden is
a candidate for Mayor of Savannah. A tele
graph office baa been opened at Fleming on
tho Atlantic and Gulf Road.—Savannah belts.
Tennessee News Items,
[PQXnBMBD FOB TH* OQNMITCTiOS.]
Judge Wood* refused the application of
the second mortgage bondholders of the
Nashville and Chattanooga Railroad for the
appoiutuieut of a Receiver, thus leaving the
road in poiMHMiou of Alabama. The Judg*
has given an order for the immediate com
mencement of the bankruptcy suit which is
to be tried before Judge Uusteed.—Chatta
nooga Times.
l)r. Rhea, of McMinnville, has embarked
in a boat of his own building, intending to
go the State of Michigan by water. Corn is
selling at fifty cents a bushel in Knoxville.
One hundred aud eighty couples hare mar
ried in Hamilton county since the 15th of
January. The cotton crop of West Tennes
see i* aaid to be much injured by drought. A
meeting qf the Uliancejfqr* of Tennessee has
liiien called fqf tljo purptito of regulating the
rule* pertaining to the practice of the Ckan-
pery Courts. Midddle Tennessee has seventy-
five distilleries in operation. A party dig
ging a well in Lincoln county struck a stream
of gas at the depth of sixteen feet, which
hunts readily on being touched with a match.
Benatur Urowniow's health is so much im
proved as to enable him to ride around town
in a carriage.—Tennessee Tribune.
The Giles County Fair will open on the
10th ot October. The condition of Gen. John
C Brown, Governor elect, is improving. His
friends arc hopeful that he will soon be re
stored to health. M. L. Alexander, one of
the wounded by the accident on the Louis
ville Railroad, is here. His face is slight
ly disfigured; otherwise he is all light
H. T. Mossengale has returned bomo iroin
U14 ^quthpfn trip. Hp says Georgja can beat
the world for failroada. and he has traveled
over every rail in the State. Tho Board of
Trade of Nashville is excited over the sub
ject of getting up a boat for the trade of the
Tennessee river. Mr. Gray has returned
from Chicago, where he has engaged a first
class theatrical company. Nashville had a
flro on the morning of the 15th. The St.
Cloud Hotel and Battle House were damaged
to some extent. The Are originated in the
kitchen of the Battle House. Chattanooga
is putting up lamp posts for gas. The amount
of taxable property Chattanooga ts $8,666,-
728. A Union Church is being built at Cum
berland City. The new Memphis theater is
open. There are ten men in the Memphis jail
indicted for murder. Mr. D. Winter, a well
known citizen of Memphis, is dead.—Nash-
title PflKft <\hd American.
■•will Carolina New* Items,
[ooxnsxnro vom ths oomstitvtiox.]
In spite of groundless and sensational ru
mors prejudicial to the business interests of
Charleston, we And that the actual results, as
far aa reached, are more favorable than could
have been expected under the circumstances
to which we have alluded. The substantial
figures of our general business are highly
satisfactory. Charleston has suffered less
by fires in the past year than any other city
in the United States for the same period.
The department has been called out twenty-
foyr times—twelve by fires and twelve by
false alarms. Tb® losses that have occurred
reach $45,5U. The steamships reaching
Charleston from Northern ports come ytith
crowded freights.—Charleston Courier.
Thfi corn crop of York county has been cut
down oqe-h%lf on apcoqnt of tho drought,
i Everything in Columbia in the way of trade
and improvements hss an encouraging pros
pect Several large buildings are in course
We have talked with a gentleman Just
from that State who says the campaign is
waxing warm. The Democracy of Wiscon
sin have, in common with tbe party in every
oilier Northern State, buried the “ war issue* ”
as, iu their judgment, the only practical way
of getting the verdict of the_ people against
centralism. Our informant states what we
found to be the case in the Northern States,
viz.: that the Republicans are using
great effect against the Democracy the tierce
utterance* of some of our Southern Demo
cratic papers and persons against tbe new
movement. This movement of putting aside
‘ war issues’’ is utterly powerless iu the face
of Southern opposition, which is its natural
and inevitable antidote. The Northern De
mocracy, feeling the absolute hopelessness of
getting the ear of the county on the mighty
issues of imperialism, while the disturbing
and irredeemably sectional question of war
results is agitated, have been forced to a de
cided expression of opinion in settlement of
this question. This expression, however em
phatic and general, goes for nothing in the
face of Southern dissent and opposition, par
ticularly when such opposition comes from
the old political leaders of the South. Such
opposition is simply the inevitable defeat of
the movement, the practical denial of it*
truth and sincerity, by those whose dissent ia
deadly to ita success.
One local victory in each State by tho
Democracy of the Northern States now
under Radical rule on this burial of war is
sues would give the party an Immense lever
age of power, and smooth tbe way for the
more effective presentation of the dangers of
consolidation in the great national contest of
1872. The harm of crippling our Northern
friends in the local fights now going on
North is therefore full of peril to the party.
The evil of nationalizing these local contests,
and iuterferlng in them to the disadvantage
of the Northern Democracy by forcing our
peculiar viows iu the South upon them to
their vital disadvantage has seemed to us a
fatal one, whose vast results for damage to
the prospects of the party cannot be over
estimated. Hence have we urged that we of
the South remain quiet. And we have been
confirmed in this opinion by a tangible obser
vation of the temper aud view* of the
Northern people, a perception of the dam&gff I
already done by the course of some of our
Southern Democrats, and by a practical in
tight into the real situation of the North
ern Democracy.
But we have wandered from our subject,
which was the fitness of Mr. Doolittle’s nom
ination at this time. This gentleman is one
of the leading men of the West; a man of
brains and integrity. Ilis career has pecu
liarly exemplified his political honesty. It
is marked by one of the most n markable
episodes that we ever knew of any public
man. lie has twice changed his political
affiliations, and each time left the strong
party for the weak one, the party iu power
for tho party out of power.
lie was originally a Democrat of the strict
est Jeffersonian school. He left this party
in its zenit i of glory on that momentous
Missouri comprumiso measure. Hu was one
of the most earnest war men of the North,
and an ardent champion of tbe Union. He
left the Republican party on account of its
unconstitutional policy of Southern recon
struction. His course has signal!) and con
spicuously illustrated his conscientious devo
tion to principle, and his utter disregard of
personal interest. It is rare that public men
vince fidelity to conviction as he has done.
Mr. Doolittle is a type of tbe n-presenta-
tivo Northern Democrat. It is $ *tern fact
that this class of men are aa much in favor of
the “war-results,” as the most ultra Radical.
They (ought in the war and for tlie war, and
any “war-issue" must unite them with the
Republicans. Hence tho new movement of
the Democrats in burryiqg “war-Laues,” and
hence th® damage from Southern opposition
to it.
Mr. Doolittle's position Is a Northern Dem
ocratic representative on©, perhaps as stri
kingly typical as could be found. I 1 a speech
just made at Janesville, Wisconsin, a speech
that we can call fitly, a powerful nud telling
one, he strikes the Radical party thunder
blows for their reconstruction polity. He
tells that he severed from the party on this
question, and opposed it at every stage of its
progress. He tells how he fought negro
sufirago and Southern disfranchisement, in
tho very face of tho cry of “traitor" from his
party, and with the party lash excoriating
his back, lie arraigns the Radical party lor
keeping up war after the people had achieved
peace, for breaking it* Union pledges, for
keeping up the revolution in the South, for
carrying the military reconstruction outside
of the Constitution, and for it* terrible and
deadly usurpations. Through the whole ad
dress, there 1* a scathing dissection of the
Radical administration—a telling arraign
ment before the bar of public opinion for its
crimes.
In regard to the new moyerne;!?, he thus
speaks, iu connection with military recon
struction
This revolutionary idea well accorded with
the passions which the war had ei gendered,
and which the assassination of President
Lincoln made, if possible, fiercer than ever
before. It took full possession of the leader*
of the Radical party, and ha* bei n actually
carried out in the military reconstruction of
the South. And, fellow-Democruts, how
ever much we may have opposed it and de
plored iu adoption, we are compelled \o ad
mit the fact that it h*s Inscomt* * part of
the history of the country, and that all the
States fromnhe south have been admitted to
representation upon it.
We cannot recall the past; we cannot deny
what has already been done. Nor can we
close our eyes to the results of what has been
done, nor avoid the consideration of what
shall be now done to mitigate the evils of
the present situation, and tq give promise of
a better iut'vro.
We have not space to give more of this
powerful speech than a few paragraphs
from the conclusion, which ring like the
tones of a trumpet, and embody the true
solution of the great problem of saving tbe
country from despotism.
Bear in mind there is a logical necessity
which controls the action of parties until
they are overthrown. If a false idea geu
once enthroned in a party, while it remains
in power, moving with all the force and mo
mentum which victory gives it, that idea will
rule it until it is beaten and chastened by de
feat. Nq party when 0110c'it W taken up
iu line of march in a given direction wi 1
ever arrest iu own victorious progress. To
arrest it, it most be defeated and overthrown.
The party in power is upon the high road to
centralization. The only thing on earth
which oan prevent it Is to overthrow it.
[Applause and cheers ]
I repeat, no party in power once moving
the company had notice that the insured ^ have expressed an opinion in regard
was dead, if the eame had been tendered, llie eT ij e nce admitted before the jury
which was not done in this case. Alter * without objection, that it could not influence
careful ext>minaticn of the facta of this case: ver( ji ct jf ihe defendant had desired
apd |he law applicable thereto, we are of toe j to j iavc rid of lhat evidenoe before the
of construction, and several more about to be in a wrong direction ever reforms itself.
commenced upon, among them the new
Market, City Hall and the United States
buildings. M .jor E 8, Deane, State Audi
tor, baa resigned that office. Columbia has a
is only in defeat that it becomes chastened.
In advereity it is purified. The present Fed
eral party, long in power; corrupted by pat-
_ _ _ ronage such as no party ever wielded before;
factory. Rev. Lovick Pierce, D. IX, iatoxicated with toe idea q* ail power in the
■* *■ ‘ Federal Government, is oq toe food'which
leads to imperialism. It can only be arreted
— — - J . ., M. «tt» .» wwm i w*' vu w.uuju,. , in iu revolutionary progress apd purged of
toe widow aad children cf the ana no j j^ve admitted it without objection, and' yei|a ajjb, Will, on Thursday, lay the cor-! iu corruption! by being overthrown. [Great
we f®$i ilwtic », but as the company in-, ^ r en Ma *t lb® court to charge the Jury i ner stone of toe new Methodist Church j cheering.] And, felloe-citizens, thexe'i* but
gjsts upon itt strict legki right Wider the con-1 lh t thev could that evidence, j building. The store of Messrs. W. D. Love one way in which that can be done, and that
tract, it is our duty to administer the law ap-1 f ^ th ' cbnrge bad been given as req“*»t-! A Co , caught fire Saturday night. Prompt j is by restoring toeold Democratic Republican
plkibls Uierereto. Lit the judgment of tie ^ tb6 ,|“f. fcsd foun< f, Ter dtct for the ection »oon put ererjthing beyond the reech party of Jefferaon. of Madison, and of Jack-
oourt Mow be affl rmed. I defendant, the plaintiff might bare complain-1 of danger, \rbich might hare been eerioua. i son to power. ITremendoui cheers!
Judgment affirmed. _ J ‘ ed ™“tbe Mart tad inriSed the pfom^see of Lo»4 *100 A novel esse can)* un before; Let njea^mJ yuu, my wpuhlicaft fellow
- - — the jury, bylnstnieting them that theywere jrustic’Thompeoq In Columbia, ou Saturday, i citizen., there Is no middle ground; there u
not to consider the erideBPe which was before in the shape at a charge of assault Siaged to no half-wayir, h
for defendant in error.
Qeo. W. Bryan, J. D. Stewart, by C. Pee-
plea, eontra. *
H. Hamrick va. David Darnel L Certio rari
from Campbell.
WARNER, J. •
This case cams before toe court If low on
a certiorari from a justice’s court alleging cer
tain errors to hare been committed on toe
tried ot a case of “focible entry and detainer”
a^'B-CaW M.Sm^«na^="„';.“ 1 U5LV»!S
to the Jury excluded from their coo- eirculatton of slauderom report* and ,tories 3,YW,pW of.WfcvJ|V* *° 0 .*“** *9 d . 1 *'
don snT other price for the bricks then regarding the lady's character. The ease was: solved. U *“* bee ? lo ?« ehajrteued by de-
me conmn pri« Stw court charged the I tried before a jury, whose sentence was “not | feat. Aside from the city of New Vork, no
Jury that ‘If it should appear toySbfrom' guilty,” and gave .satisfaction to the numbers. ^ co ^P U d °S u “ ]A nd
the testimony that tha plaintiSk sold and I preesgt—OcSf Fnson I even there, the old Silas Wright IXmocracy,
them,
given
^deration any
crisis, to be once more the guardian and
savior of Republican liberty. Between these
p&rties all must choose. There are but two
sides to a straight Hue. A man cannot act
with both parties at once, lie must act with
one or the other. One or tbe other is logi
cally right on the great issue of the hour,
and he must elioose the one or the other.
It is as true in politics as in religion, “He
that is not for me is against me.” Let us act
with the party which is now right,and again*!
the party which is now wrong. Whatever
other may do. I was never more clear in my
convictions that it is my duty to give mV
full, unwavering, and earnest support to the
Democratic-Republican party of Wisconsin
[Great applause ]
Oeargla and Her 1'aAcveloped VIiti
er al Vateresta.
“ Mr. J. W. Jones, of Lebanon, Pennsvl
vania, hss recently spent some time in ex
Dloring the Iron regions of U pper Georgia.
Mr. Jones is toe proprietor of a large mining
interest* in Pennsylvania, and he gives it as
hi* opinion that Georgia and Alabama are
richer in iron ore than any Slate in the
L nion. Iron which cost* $8 a ton forgetting
out in Pennsylvania, can be gotten out
Georgia for $1 60.”
In 1869, Col. E. Hulbert,'Superintendent
Western and Allan lie Railroad, impressed
with the conviction that valuable deposits of
coal and iron existed in Northwest Georgia,
authorized the Rev. Churl©* Howard
Kingston, to make a general preliminary ex
ploration of that portion of the territory of
Georgia between th© Western and Atlantic
Railroad and the State of Alabama and Ten
nessee, north of Rome, Ga., and to report the
result of that examination to him
The report waa printed in pamphlet form
and scattered broadcast over the State, but
failed to arouse the interest which the impor
tance of tho subject would warraut.
In speaking of tho deposits of iron, Mr.
Howard 6aya:
“Along the base of the Lookout, and sepa
rated by a narrow valley of an average of
one half mile, there i* a small mountain called
Shinbone, which accompanies Lookout from
Gadsden to tho terminus of Pigeon Moun
tain. This Shinbone mountain is an almost
continuous bed of pure fossiliferous iron ore,
from its beginning to iu end. Thu* the coai
and the irou ore are within a mile of each
other for a disUnco of more than forty mile*.
The lime will corno when this narrow valley
will Ihj filled with furnaces. There i* the
coal, tlie iron, lime, sand-stone, fire-clay, tlu*
water—all that is needed is capital and trans
portation.
* Leaving 8h!nbono, I crossed east to Dirt
Seller Mountain, in the southern portion of
Broom Town Valley, in Chattooga county.
This mountain ruus northeast and southwest,
and i* about twelve miles long. I saw upon
it, without exaggeration, acres of ground
literally paved with too heaviest and finest of
fossiliferous ore.
I examined the irou ore of the east of
Taylor’s Ridge, between Maddox Gap and
Trends way. It is impossible to exaggerate
the quantity aud value of this ore. It is iu-
exhauslable, aud is the same fossiliferous ore
now used at Cornwall and found at Round
Mountaiu—perhaps heavier and richer than
either.”
And yet, with this wonderfully rich and in-
exhaustable supply of iron oie, but few miles
distant from, aud almost within sight of our
railways, these mines of wealth and inde
pendence, remain undeveloped for the want
of enterprise on our part.
With the hills and mountains of North
west Georgia, packed full, and literally
paved with iron of richest quality, we import
our supplies of this precious metal. Penn
sylvania grows rieb in furnishing Georgia
with iron and steel, with plows, which are
literally worn out on toe Iron ore covering
her hill sides.
Georgia grows poor under this^sulcidal
policy.
Shall wc develop the mines of wealth and
thereby render ourselves independent, or shall
remain the slaves of toe more enterpris
ing?
We speak of Georgia as the Empire State
the South, while in fact, It U an empire of
wants, supplied by others.
On the subject of coal, Mr. Howard, says:
I ascended Lookout Mountain at Cooper's
Gap, between fifteen and twenty miles west
of Ringgold, on the Western and Atlantic
Railroad. Lookout Mountain at this point is
between five and six miles brood. About
midway of the niouutain and on the top,
there rises a comparatively small mountain,
which is called Round Mountain. This ele
vation is 300 or 400 feet high above the gen
eral surface of Lookout. It is about two
miles iu diameter at its base, about six miles
circumference. I found coal cropping out
ten different places around the base of the
mountain. Three different seams show them
selves at different elevations. These seams
vary in thickness from twenty-four to forty
inches, but always increase in depth as
they are opened. The coal is of excellent
quality, very free irom sulphur, and
burning freely on a frea wood fire. It ia free
from slate aud leaves but little ashes. The
quantity of coal in this locality must be
enormous. The seams are horizontal and the
opportunity for drainage admirable. Round
Mountain and vLinity can supply the wants
of Georgia for an indefinite period. The
width of this Georgia coal territory varies
from one to twelve miles.”
With ample deposits within our own terri
tory, wo import our supplies of coal for Mid
die, Western and Southwestern Georgia,
from Alabama nnd Tennessee, and for
Eastern Georgia from Pennsylvania.
How long, pray, must we continue to buy
from others and permit our own deposits to
remain locked up in our hills and mountains
Mr. Howard, says further: “This exam
ination discloses a vast amount of dormant
material wealth heretofore and now wholly
useless to the btate.”
“It is fortunate for us that Lookout, in
Georgia, contain* a full supply of coal for
all our wants.
The question now arises aa to whether it
would remunerate tlie State to develop these
dormant resources by affording to them rail
road transportation. It is now a settled fact
that we have coal, iron ore, and probably oil,
in great abundance. They are now worth
less for want of transportation.”
Atlanta draws her main supply of coal from
point 260 miles distant Tho coal beds de
scribed by Mr. Howard 4ri> distant only
about 135 miles.
There are three railroad charters in exis
tence, namely: The Atlanta and Lookout,
from Ringgold, the Lookout from Kingston,
and tbe Rome and Summerville from Rome,
either of which if completed would develop
the coal beds of Georgia.
The building of toe latter would furnish
Rome with cheap coal, rapidly build up her
manufacturing interests, and in five or six
; rears give her thirty to forty thousand in-
isbitants.
The completion of either of the other lines
will give Ad*nLa cheap coal, without which
ahe can never become a manufacturing city.
Shall we develop our Georgia mines, or
shall we continue to pay tribute to Alabama
and Tennessee ?
Thk Kkntccky Jock by Club’s New
Rules.—At a meeting of the members of the
Jockey Club of the Kentucky Association
on Tuesday last, the following rules in re
gard to starting horses on the course were
adopted:
The riders alone shall have control of the
horses in starting.
No sponging vaI the horses can oehad after
the iigqal lo mount is given, and after each
heat the horses shall be token to th® cooling
grounds to be sponged out In more concise
words, no home shall be sponge! out on the
quartar-atretqh.
This last is too principle feature of the
new rules. Hitherto men with buckets of
water have been allowed to nunc on the
quarter stretch, just before tlie nee and be
tween heats, to sponge off their horses or
water them. They often made p Idles upon
the trq©k by their Carelessness, thus endanger
ing toe safety of toe hornet, and causing, as
Is believed, the letting down of many a good
racef. The new rule cannot hut meet with
genaral approval—Lexington Frees.
A story ia going toe rounds, of an old col
ored wan who was left in charge of a tele
graph office In New Orleans while the ope
rator went out * to set a nutn.” A “ call'
came oyer the vrtrea, and uncle Pete shouted
at tbe instrument aa loud aa he could—“ De
operator isn’t y«r!“ The noise ceased in
•tan ter.
Jtt»l sow.
ufun, <»or A. I*. I? crowing <|uile won,
Tbe*r “warrant* ' an- flying m> faal;
Aud ahauld the “epidemic acize our^Blodjj,
They aay, it will prove hi* la*t.
I tell you, dear Rufut*. ah me. boo-hoo.
Just think of B.'x sjuinj* to “old nick."
Sore 4 w« have of hi* “ttlenu
But, ltufus—bo a «uyWfy tick.
To California, my Hufat. they «•▼,
A “ph\>iciau“ «hi m*nd you to get
A little forta?U9 of briuielouc and sulphur;
But Ailauu is hofttr. you bet.
We're lonely, p.*or A. L. I? weeping,
“C«»me quickly, or we'll all be Rone,**
We'll be making track-*, i: you dou't come back—
We're uot able to “go It alone.**
“Coaae home, boo boo, come home,
Bear Itufu-. Kufaa, come home."
Templeton eant in reply the following:
O daughter, you know 1 can't come home, juat now.
Though the Opera Hou«c dock hat atrnck three.
The triala are not o\er ; but lasting too hm^
For Old Fatly aud Mr. McC—.
Indeed, I can't come! I fear the alarms
Te'e.raphed m- by every B. B.
or Ith d:;y if boldine fat Jack in hit amt.
And 1 don't want hiui to drop upoa umx
t'orne home, hoo hoo. come home,
l)c*r Kufut. tweet hufua, come home.
Thit brought down the hoime In the avutc enthwl
attic tpp'ante.
hit of the acaton. We had teen the eapf
of the tong knnetnu on the local hook at TanOoaevi-
tion ottce, and nueniu* it, knowing that the
who perpetrated it fctul gone North, we preeama® that
he had carried it off with him. It appears, however,
that tome attache of Templetou't Troupe rtaitiag the
office laid hands on it.
The Troupe go hence to Savannah, and wicon
city.
tlu: peo.le of our prosperous *IM
From the Capital
TDK FAMILY MAN.
There wa« a ftmout tanner once.
Which hit name waa Urant,
Wuo htd a num'roust family
With income that wss scant;
But this tanner w.i
Of wonderful rri
In killing ofl hit w
And nrst he flxcu a Caeey
And then he Ivd a I>enr
Then for fortyn condcoot
lie IncoauueuUy went.
Then came the piou* Corbi
Then broth.T Orvfl, called the awfal.
Of sinful Cuic-a-go,
The last of all thin family
That any one conhl see,
Thai* minister would be.
Au so, when haif-sca* over.
Over the sens went he.
ng up
He'd brook no *!«w delay ;
The wh'le hi* Unde Samuel
Wat filled with wild di-nt
To And bin soldier President
So in the family wav.
TUB F A ti VBKtS J.IFK.
Oh ! give me the lift- . . a farmer's wife.
In tlie field* aud wo.-da so bright,
'Mong t .e sdugii i; b nl- and the lowing herJ*,
>M the clover Ido-*.ms white.
The note or the in.•niiiu'H heavenward l*rk,
l* the mu*ic wweet It. me ;
And the dewy Bowers »n the early Itoura,
The genu 1 love lo -eel
Oh! give mo the breeze fr.
The murmur of summer
And th- swallow's sonj_ r a*
the waring trews
*kims along,
turning out
When Ills dally work ;* done.
And give the root and th' luscious fruit.
My own hand* rear for food ;
And the bread so fight, and the honey white,]
And the milk so pure and good ;
F.ir tweet tho bread of !-bor*w.
When the heart it strong and true.
And ble‘*ln*« will r** 1 ".-* • > the hear .a and I torn*.
If oar best wc bravely do.
A FtfOLIKH VU1/5II1 WIFE.
Iks Elopeu the Mecuud Day After Aar
Itlarrlof* With a lonmg New Ymrftt
Raaoat-Ke IUb» Her at 41,m aad
Leaves Her lu linr rate.
From the Kansas City (Mo. > Times, Bept. &.
Boon after the arrival of the eleven o'clock
Hannibal and BL Joseph train on Monday
[night the railroad “litis" depoaiteu at on© of
our principal hotels fa young and beautiful
girl, about nineteen yeans of age. She had
no baggage, and was apparently in great dia-
treas. It was with n tremblin'; and choked
voice that she gave her name to the
clerk and desired to be shown to a room. In
the morning the landlord of the hole! waited
ujM>n her, and, after considerable difficulty
elicited the following history of her trouble*:
| Her name she gave as Elba Adam*. She
had left her parents’ home, near Lima, San
dusky county, Ohio, one week ago, the rest
less, * dissatisfied bride of a young farmer,
Vho had been given to her as her hu»!iand.
They had been school-mates together in
Bhildhood, she attending school at Oberlin,
lie working on his father’s farm. The mar
riage was not objectionable to her, neither
was it her choice. The young couple were
married and took the train at Norwalk for
Cleveland, where they took passage via th*
lakes for Chicago, intending, a* she stales,
to visit some friend* of her husband near
Elgin, llliuois.
The steamer was crowded with a gay and
festive cosmopolitan crowd, including preach
ers. gambler*, farmers, trailers, torn is ta and
“schoolmarma.” The evenings were long
and pleasant and the company Bootable. In
the party on board were a party from Buffa
lo, among whom was a good looking, well
dressed youth, not more than twenty twu
years of age, to whom the young wife wo*
introduced. “George I). IC&nktn aud Mr*.
Adams” soon became very friendly, and to
pass the evenings away Mr*. Adams, who
had been nurtured in toe lap of frcc-loveiatn,
proposed a game of “Planchcttc.” Tlie mys
terious \>oard was produced, and, as she say*,
“worked to a charm.”
They played wait tlie trinket every eve
ning upon the cabin table, and from it she
learned that Mr. Rankin was her true hus
band, and lhat nothing should intervene to
keep them separate. Through the mischiev
ous “Planchette" Rankin planned an elope
ment at Milwaukee, and a flight to hi* friends
in Colorado. The stolid young farmer, l»usy
with the fast youths on the forecastle and
deck, noticed nothing unusual in the cloaa
intimacy between his Elba and the young
New Yorker, nor di 1 he suspect anything
when she asked and obtained from him hi*
well filled pocket-txHik. Tl»c New Y’orker
and Mr*. Adams took a short walk while the
ateamer touched at Milwaukee, and of courae
forgot to return. A fast night train carried
them to Chicago, and then on to Quincy,
where they tarried in concealment to watch
for and elude pursuit. While there, Rankin
obtained possession of h< r money, amount
ing to nearly $1,000, am 1 exchanged a worth
less gilt ring for a valuable diamond one—a
gift from her mother. They continued their
journey on Monday, and all went well until
they reached Cameron, when her “affluity,”
Rankin, left her, as he said, “for a few
minutes to take a smoke in a forward car.”
He did not return; the train moved on twit
be came not Mrs. Adams became anxious;
she called the conductor; he hud a note for
her, written on one of Itankin's own card*.
It read:
Dear Girl : I am called suddenly away
from vou. Kttnm to your “hubby" at Elgin
until I call for you. Au revoir.
George.
The train brought the »ham©-*tn<-ken wife
to Kansas City without baggage or mean* to
return home. Her dream ot love was sud
denly broken, her cup of joy dashed aside,
and *he now realizes the first hitter lesson of
human depravity and th© folly of “ Plan-
Ichette.”
Fortunately she remembered that her
mother had frieuds living in the city, and
yesterday, by the aid of the police, found
one of them in Mr. D. P. Jamison, proprietor
of a railroad hoarding house in the BoIUhii.
There she will remain until Iter huslmnd calls
or sends for her.
Useful Trinor—A\x*ut 2 o’clock on a
December night in Illinois, when the ther
mometer stood in the m-iirliliorliood ■•fjzero, a
party of wags hailed a fannboux* iu very
boisterous manner. The farmer sprang out
of bis bed, drew on a few articles of cloth
ing, and ran out to *«•«• what was wanted,
when the following interesting dialogue oc
curred :
“ Have you anv hay, Mr. *” “ Plen
ty of it, sir.” “Have you plenty of coru?"
“Yea.” “Any oats?” “Yes.” “Any eggsr"
“Y’es.” “Any butter?” “Yea.” “Plentyof
meats an 1 breadstuff* ?" “Yes.” “ Well* wc
are glad to bear it, lor they are useful tilings
iu a family.”
They drove off. The farmer waa slightly
ns