The Weekly constitution. (Atlanta, Ga.) 1868-1878, October 17, 1871, Image 1

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Newspaper Page TextINDISTINCT PRINT OClrthln TcrM« «f b%r r i ptirni : WEEKLY CONSTITUTION per nan ft 00 All #ub«er1ptiona reparable ptrlctlv in advance and. at the expiration of the time for which payment it made, anle*a previoaely renewed, the name of the •abecriorr will be •trirk'-n from oar book*. tlull# of Ten fl r > no. and « copy «,f the paper ? frea t r-up. ATLANTA. LA. OTTOBER 17. ISTl. VOLUME IV.I ATLANTA, GEOKGIA, TUESDAY, OCTOBER 17, 1871 I NUMBER 28 iteaatar Trammell. W. Tn; lw>U. manly and unqudined card in connec tion with tii" Materrsents of an anonymous writer. “Cherokee,” reporting a corrupt com bination to elect a Prcsidrnt in the Radical interest. We rs peri illy commend Senator Tram- mell'a emphatic indorsement of a party con vention to relict Democratic nominee?. TiTm will nip any such possible combination in Ua liral interests, and secure the party We *|,i 1 have more to of this U < rat i erited slander upon a ally put to death. • tire. This KMl di- Tke f hirii;'ii imity, outside of war, j-chaps » one of modern d »ys. It* ruin and i;i -< ry cannot lie esfimal'-d. Two- thirds of a r-it c ity lie in ruins. Two bun drctl thousand jrfi^le are boraeh-s*. An en tire rant community of the ri« b*-*t business «ji.-n in the world arc fcuddenly penniless. The l*»-a of human life will never be known. But that devouring conflagration seize d many a victim. Two hundred million* of dollars have been turned to worthies ashes by the insatiate tire fiend. One honored thou* tnd laborers have liecn turn*-*! out of employment to stnrva- ti*»n. Tie- v.mib* r of In-uronce Companies that must rr.iNi there is n i calcul *ting. Nor will the «m< m.iary t oiwqw nee of thudkax- i«v b confm* I to Chicago. The h-ifim-s* ramification- of tint enterprising city ex- lecik-d over th* 4 whole country, and many a long distant undue** man will g> under tiuougli the failure* of its great m» niuuitp. Hu r* coni - of p.-atibnce, famine, Morin, inundation, and w ar, show no more md« bn, unex|«ecie«| and appallin’' delude of d.saster and riiiu than thi* lerrilde conflagration of Ihtolier, 1871 We awaitfurther particulars witli p deep interest. her, and the parties failed to agree to the tes- 1 should is* sold together with its equipments, U V r P T? T fr T? A PH the last ds) <-f ix-cemls r, and as an entire road, and not in detached parts. u A LDljUlixix AA ‘ nt from home, tlie j and in the meantime the road should be run —~ ~ ~ ~ -——--— PRS83 DISPATCHES. DEC INIONH —or rrr*— i timonv until hi FftE.tiK cutHT OF GEOKttU. the Judge being then abseDt from home, the j and in the meantime the road should be __ brief, though presented to him. was not ap- and kept in o|x-ration throughout its ASSOCIATED DtUiertd ot Atlanta, TutMlay, Oct. 10, 1871. j proved on that day by him. j entire length for the benefit of all; 'i rroRTKD tin r«r*i.T~~roa the atlant* town- 1 H KLD « That it was’not error in the judge, j concerned, so that when it shall be sold it L ’ ^tiox. bt j| j UaM3I ,.sd. *. c. areoKTEa-i ; on being satLficd that the delay was not the may bring its full market value. We, tbere- ’ fault of tlie movant, subsequently to approve 1 fore, affirm the judgment of the court below It Taylor v.s. The State. Simple larceny, the brief of testimony and permit it to be in granting the injunction and appointing a from Floyd. | filed, and grant the rule ni. si. to be heard at Receiver with the instructions given to said LOCHRANE C J ; the next term of the court: Receiver, with this additional instructi. Where an in.li.tmoit charged the prisoner 1 M -. ' VLere in ,h * ««««• to * set of inter-1 ‘ that sairi Receiver negotiate with the G iple larceny of a chestnut sorrel Political News Items. [condensed rOR TUK constitution.] The Philadelphia Press says that “wherev- Miercolumnof i Political. Four sr fire cf the more prominent IVmocmtM- jonrnals of the State h-o sti'l proclaiming:, in column ^^after column of matter, their lovaliy to the old conrti- cr there may he private opposition to a lie- tution of the United state., and utterly repudiating ^ - - ^hi^ffifiidmenta to it. erou-ingout of the rogations, a witness was asked, as to Lis : error of Georgia in regard to the possession Hki.I), That this was not wh^Tthe | worl l i,nd the witness refused to ans proof showed that the animal stolen was a hoi.-e, tl„* allegation to that sffect is sufli- cienlly distinct and definite under the Code M to* the nature, character and sex of the Hnimal, and the allegation that he was a chestnut sorrel horse was such a mark of i lent * as t ime within the requirements of the statute. Hk.ii>, i.ii.us, That upon atrial for larceny of a horse, a bill of mile to the horse offered by the prisoner, without showing oliurule its fde, execution was inadmissible :uj «riidciice, and the court committed no error a ,j vcrse jy to jjj s j a even to prevent an I Georgia in regard to the possession and run- m ruling out tne to nno . . illegal eviction by the Sheriff. i ning of said road through this State, as well \ V 'll W Fl l ; f r*e I i ntiff i n err«»r : Judgment affirmed. I as with other parties in charge of and con- t- i/ t-' l, .",’i r r. n..r. i i.t- I W PrintopJe Louche, Underwood & Rowell, troling other portions of said road situated torayth^ljcHor ucncrai, :>y j. . fof plilinnir in crror in otllcr .states,” for the running of said road Dunlap Scott, for defendant | through its entire* length, from Meridian to P L Tumley Ad-* j Chattanooga; it lieing the true intent and the said road through its entire length from Me- questions: ridian to Chattanooga. Let the judgment of Held, That, as there is nothing in the re- the court below and the instructions to the cord to show that such questions were perti- Receiver be affirmed, and ordered that the nent to any matter before the court, it was t court below be directed to give to the Re error In the judge to rule out the whole of ceiver the additional instruction as herein the witnessed answers on the ground that specified, the cross-questions were not answered. ' Ordered, That the judgmcht of the court When 1 md is **old tinder a mortgage/, fa. : below Ik- alfirmed as to the granting of the the Sheriff cannot put the purclia- r in pos- j injunction and the appointment of a Rcceiv- sef-sion by ousting one who is neither the de-' er, as well as the ms true lions given to said fondant, his tenant, or assignee, or heir, and • Receiver, and that, in addition to the instruc- who holds adversely to the mortgage. I tions given to Said Receiver, he be also A tenant cannot attorn to one who claims i strutted “ to negotiate with the Governor of en to prevent an idirwood, f<>r the btate. E. R. Morrison, et al, vs. Wallis Warren. ; meaning of the judgment of this Court not warrant, ,r JIU 1 v\. ( mm VIaiiI t«. int.-rfi r»» n-irl* til#. I if c-11.1 i and W< 4 ammir Tofrllifr vcme.-'biv gave hoiih -extra* . Mr HtrplH-n- »n<1 ti.r N<-w York World, .lion In? Him Hit l>. p:krlurl-U »n<l An'i-Di ptirtmi.lr an-coming to an understanding, and to >l party on ly may 1m* looked for. W« have other evbbwe- of this. All parth-s seem pleased with tin- New York pi itform. which npji'-ar to have felicibni-ly «-ompn»B»iseil diff"f»-ne. s on this vexed quest ion. That anient opponent of the New De parture, tin- S.»vannah News, says : * The N. a* York re-olution is a very great departure in the right direction from the so- called ‘New Depurtore,’ and we bail it* adoption as «n omen of good, aa an evidence of He return of the Demor'acy of the North to the true. eonMitution-il, .leffersonian priaciples of the |»*rtv.and as a sure pn cur ator «*f Pwed conlidence, unity, hannony and irinniph.” The Montgomery Advertiser, an equally ardent departure.!, wiys: -The r**st»liition in question, therefore, rigidly and fully covers the two amendments as existing ch. •ill It. as tinalili. ■d that tii i lln is treated as pennA* cn fueeess of I lie lbir»Otr;l' M-qnent Ib-nv cratic adm cr <t c f t-o,t of tU C«Hist it utem "as man's word*) is; means of rlie. Ui the R.tdirnl p ill i r. tiled; and t - party, with a o l ist ration and /A ». d is the oulv. file ont--inpIa:< apidly up d steps of cliing The I>i (fir ii 11 vary I’oilrd Alilatlvu C< The platform racy appear* t«> Hell led The t »*e Heparin ■Kite I it-el tier o-w York Dentoe- »d the problem of ■>-ut i< «»f tin- wrangling by John O. Smitli et al. minUtrator. DUti Floyd. LOCH RANK, C. J. Where a party levied a distress warrant o: property consisting * f a lot “f drugs, whiei h i-. \*-en exempted by the Ordinary tin«h lw 1..W < f p< n<oi.i.lty exemption, ami it a; ,c-.ie.| tiie.lr.i_-ex. W !«■ mixe.l ., , ,| , a ill. „u,. r.lrue- bmielit t.y tlie parlies: j , Hki.d, That the privilege of exemption ex- ends only t .tbe»riirha,exr mpie<l, liy IheOr linary, ami they must 1 to di.*i> lentifled to release 1 a lot of drugs in a store ixe.l with other drugs are liable to levy and le, except IIS to ftueh parts or artielesa* • v lie «pi eitieaily claimed and idt ntilied. IIki.o aoaix, That when a party sublets to k.ilt. r under a contract that the sublessee to pay the rent due, this is not such a nt by the landlord as may been-1 ^ ^ Set. fa. from Floyd. WARNER, J. This was a ttcirifnr.Vintorcvivoa judgment. It was admitted that the debt was doubtful as to its solvency, and that no tax had been paid on it. The defendant’s counsel moved the court to dismiss the case on the ground •9 had not been paid, which nee ( ^ rruled by the court and the de-, fendant excepted. Hem., I lmt there wa.no error in thoju'g- • Gra!iam . „ A Wa , k( . r , -,v m . II. meut of the court in overruling the motion . nabl)cv A w Jll)msoni M 1)o ,, S( „, “ ™i the statement of facts , , J. AV. H. Underwootl, for •d in tin interfere with tlie possession <»f said road by the Governor of this State und< r the pro visions of the Act of 1809 and 1870, without his consent, but that the Receiver a; pointed by the Court may negotiate with tlie Gover nor for such consent, so as to enable him as such Receiver to secure the running of said road through its entire length from Me ridian to Chattanooga for the benefit of all ditors of said insolvent railroad coin- Judgmcnt Alfirmed. J. \\ . II Underwood f.*r plaintiffs in error. Smith A' Branham, Ftallier&lou, for Uc- fendant. plaintiffs in en Nesliits Jackson, W. Dougherty for de- fefendants. rorecd list re* . _ . .. , f _ : i.v.avnn, .-». v,o« iinme, administrator. Hub.fc.s-e !.} levj of.. - C(m „ llaillti from Hoyd. i warrant. WARN FI? I i) aoxix. That the verdict of the jury ’ ’ . , , . , , . I .. | „.j,.,j |j jC amount provnl to * * ,,s was an notion brought by tbcplamtifl r nt, nnd we direct that the plaintiff] the defendant on a promissory If the execM of ll< lit SL.WTOH THA.n.UCLL. (’omen Back at lli» Detractors. The defend- III .In.- f..r till- Hl-turil I Clip: Jiulgment aftii XX Hi; ,11. II. Kl: pbiimitr- I'nlei „l X, K' Morris Kolilinvs (iro n Kim I.OCIIH.VNK, C .1 Where A , wliu v hniixe tin.l lot in (lie ci x r rear of seel, .lore hour,■ I be grunto i.y E. V. Ilrojle veil, for defendant pen If. I.ovilt. Cum tlie er of of ito , it ft at the vailed ing light to the eel and H.wl.o, on an up for tne purpo-e lur of mieli store 1 alarm of fire, xvc nt down to tie- store house adjoining the bouse in which the tire war, and entering at the front door went through tlie store and going through the back door, turned otr til" gang w av, across the o|>ening and fell in and was injured. IIki.ii. That Hie digging of an open space, in rear of tlie store house by A. upon his own ground, was a lawful act by him and tie I. id ..he right to keep it there as an appurte nant right for tie- use of hi.- property, falling in t.y ae« near to a public street, or crossing gave no right io r. cover .1 ui.ngrs from A ns a wrong ,|,.r tn the promts*s, and II going ilioreno account of 111" lire did not clung the rule. When Hie charge ol Ihe court and refusal to chnrgr, misconceived ihe law of thu case and till' court n fused nip w trial. IIki.d, That thw v.v» vrror. f N | ant plead -as a set-off lo.-s«-s suMuim-d by the 1 ! war. Tli«* court churned tin* jury that “t!tc defendant c«.u!d take nothing by bi* plea uu-, f.. r les- the evidence connected the defendant's • losKo* in someway or otlier with the fault of ( the plain!ill'; that the simple fact that de-. fendant lmd lost property by the war, or tlie results thereof was not of itself enough To allow ids claim of set-off, and the fact that the plaintiff was a citizen of thu State, ami i adhered lo the Confederate Government, is; not sullicient to connect plaintiff with de-, fendant’s lo*s.” to which charge of the court the defendant excepted. According to tin* repeated ridings of this court there was no j error in the charge of the court below to the ' jury on the statement of facts contained in the n told. Let the ji dgnient of the court j lielow lx.* uflirmed. Judgment uflirmed. . j J. \V. II. Underwood, for plaint ill in error. J Wright & Fcathcrston, f ir defendant. ot being Atlanta, Ga., October 10,187L Editor* (on Citation: In Tiie Constitution of the 7t'i inst., tou publioh an extract from an Atlanta correspondent of the Augusta Chronicle who signs himself “Cherokee,” in which a dastardly and cover! attac k is made upon my personal and political integrity. This anon vinous writer proceeds to publish what he asserts to have been whispered here in “circle—that there is a combination” said to comprehend “J >v Brown, Maestro Bul lock, Governor, (T:« f Justice Loebranc, and I'urott.as leaders f«»r the purpose of electing Senator Trammell Pnsident of the Senate.” He then proceetis to speculate as to what are the objects to be accomplished by that elec tion. They are, as lie speculates, to save the State Road lease, to avoid Bullock’s impeach ment, to keep thel’hief Justice in ollie tofa ott a alluit scruple to adva; and the interests defam -tion of othc do and ione, sundry other things, •n who iiavc personal r Is, and who do not ce their own interest of their friends by the cnee their Noble Bros. & Co., vs. T lie State of Alalia Injunction, from Cherokee. warner, j. j Thin is a bid filed by the State of Alabama : my j in the Superior Court of Dade countv against as • j the defendants, who are the creditors of the sui Alabama and Chattauaoga Railroad Com- fea panv, having numerous and various claims | out •mpany which tli ;d wli :alnm i the w hi flleieiitly far to justify it. they elect h ja '. fa J * tho Olije Judgment i D mhq* Scott »«*r plaintiff in error. Undcwood* Rowell for defendant. John MeK. Gunn vs. Alexander Hendry. Relief Act, 1870, from Randolph. LOCH RANK, J. The |.iovi>ions of the Art of 1S7«. author- i ling defendant* to set up losses resulting from the war, *utbuut connecting the plain tiff with the occasion or cause of filch losses, is nnronxlUntion. While we recognize the constitutional c ■nforet yht to be aco sled to arou.*e tlie i ars of the whole I)< it the State. He seems to have thought that the per- i*lility and to alarm the iiocsutic part}’ througli- ainsl the property of sonnlor political antipathy to some one said c unpaiiy in the county of Dade by j the parties named, or the anxiety to thwart every process (in the langu geof the com- some one of the objects proposed, woujd pi iinanl’s hill) known to the law. The ix*m- j make the successful appeal to Democrats in plalnuut alleges that the Slate of Alabama is; any section of the State, and of every shade the endorser of the bonus of nai l company i of opinion; and thudl wouhl Ik* sacrificed to io the amount of several millions *•!' dollars; J tin* prejudices and animosities, peixm.U and i bat the company, owing to the fraudulent ‘ political, against the parties named, and to conduct of Daniel N. Stanton, and John (J. j the zeal for the acconipILlmuait of the ob- Stanton, the one as President, and the other * jeet<, the thwarting <>f which is alleged to be id tli* Kro,:„.t r the cow4 both sides. The rewdution on this subject is a* follows: Rno.b'fl, That we rec«\gnizc flic eniami- |>al)«>n «•( the fret iiii'-n «»f ti.e South and their enfranchisement and |H*rf*« t «quality U-fort the law a* |J».* in* vitalde setpienee of the civil war and of Uw* overthrow of the nln l lion again.-t tin l ,»••*«. and "e hold it I** U the duty o! all t«> -u*: dn them in the enjoy ■mat of their t sJa!»iLh* d rights and to ni«l in proiiioiiug their own welfare and the gen eral prosjicnty of the country. It will Ik* (Him rved tint the New* York IVinociut* apply themselves to the w ork of burying war imoms l*y a s|H*cial rmniion of ih* substance *»f tin an* issues, w ithholding any reference to the particular «nacuiients shuIkhlying that sulstance. Making no illu- M.NI to the ui< ndntcnls. they yet guarantee their direct fruits, as war results. Prrtcrmit- ting any opinion upon their me;ho«iof miop ia m or political construction, they accept their immediate achievements. Mr. Stephens says, in comment upvai this: *• The Democratic State Uouxention of New York, which a^-nib'ed last week at li*K.hes- tcr. «1k1 two giH.d things. .•’One was the rel'isd to admit the 'Tam many tleUnration The conventi* *n thus parked iDelf of ail aftilialion with the perpe trators of the standing frauds and corruptions which have brought such disrepute upon the government ot tne city of New York, under the auspices of those *’Mcln-ns." from whom came the ' New IK parttwv’ iiere-y. ” The oliu r gts.d thing they «lid was to treat this heresy in the ssuu way they di i its au- SujK-rinlendent of said road, associates, in the misapplicati mof tin* funds of the company, and inisinangeiiu nt of its atlaiis, is utterly insolvent, and that lhe8tate of Alabama, the complainant, 1 ;iist lose mp4 tem y of the Legislature j hearily tw the endorser of the bon.!- of .*:«i<l a » provide a remedy by which an existing company; JlptI said road is constructed in the t Miity may Ik- pleaded and proved, we hold • states of Mississippi, A«a!.*amii, Georgia and : t that it is not competent for the I^egwlaturei Tennessee; that a large portion oi - * * ’ •' ounty U, Wi Ik <iii •i*.t« mpl '1 if. uh l d by i • but once tin ! integrity'. The tall •aIs the «-r Gov :gcr. IT eitln or Bullock or iHtitutu lagUlaturei 11 as provide the L-rty' of «»iJ road is limited by the * consisting of piities in I tie*, fixtu del i* Her done t>i Judir ncy r»f the plaintiff may I: the io«* is the result of It) Ik* done l»y him. cist | Me A A Y, Jconcurred orally. Warner, J., concurring: '1 his was a motion to set off losses sustain ed by the war agaiuat the plaintiffs judgment under the provisions of tin Util section of the Act of is;u. The plaintiff demurred to the defendants* motion made in writing, which demurrer was overruled by thecourt, and the plaintiff excepted. The dec ision of the ma jority of this »oyrt in (hills & Johnson vs ilanlee d*tes not stand in TOY way, bemuse, 1 1m lieve the Acts *»f 1808 and le7*v. ^ aiq»h- e.dde L> contracts made prior lo the 1st June, 1S»’».'), are unoMiatjtutinnal and voitl, and the validity tlu reof may Ik» L.*x!ed,aad den.led on demurrer to lliedefeiidnnl’a plea. Juasimieh •henfoie, as ff.th of these entire Acts, rei.it- ing to relief of defendants as againat debts contracted prior to tlie 1st of June, H‘k». a in my judgment, uneon*!»tutional and v.ii 1 concur in the judgement of the court in i v.*r>in«* the judgment of the court below this mh! A Kiddoo, f«>r plaictiff in error. 8. U orrill, for def« ndaut et al. hr prop- j Chief Justice Lnchran< a Dade, £hc* Presidency’ of the Senate 1 am not 1, cross- of tije fact. I have had no cotiferi rectly or indirectly’, in pusoq or lay rep IjiIm by attaelunents, and judgments founded ! genfative w ith them upon the subject. I h ive the foreclosure of liens f.-r nevi r had any affiliialioti or sympathy’ with ni material, and is now advertised ‘ the political party’ to which they belong— rapidly de- 1 have never had or sought office or nppoiut- s.Hcrirtced if ment at the hands of tlqit party, and do not Iterations, and j now expect to seek office at its hands, but to injury will be | tj,o cnr/.p vy was the first man turned out of The execution I ofiit.-c ' uy" that party umiei G;j; crnor for sale: that the said properly terioraUoir iu value, and will b< sold under the present coiUp that serious and irieim:diable suffered l»y the Later amt Fxiffcr Particulars of the Chieasro re—Appalling Scenes—Foarful Loss of Life and Property. Election itlot tn Philadelphia and Loss of Life^-The War ot Paces—Details ol* the Biot. .f the ntu'rtgfrgo (jird of trust to th<* State i f! jjuiiock’s' Adiiiinfstiafior. The Charge Alabama on the road wo^ iu/huow!< *!^e«l by unmistakably implied in “Cherokee’s” tin* President of the company and Treasurer] letter I am cognizant of Ibis in its corporate capacity, l.< fore the Clerk of tillered combjnatlou. ur.d the alleged content- the Stqterior Court oi Dade t’ounty, and re-j plated ob ccts, and that I would lend utyseli corded ill his offiee on the first day of Janu- t, ; the , *b4sejie.*a” lie suggesta is unqualifiedly rfk.ixoptal Aw- 1 C .1 ...^1 * ... . . 1 slander. It my fortune to meet the Radical it one deliberative b >dv—the Con- al Convention of 1S!;7-1>3. In cou th* >r». lie i» therefor The Uwm \ pwrturist. MJi: • riK* risoluli partui e” is draw .**aga*’ity H is liun and exp' 1 - tiou to iL “ This «uigbt t. pragmatical At *terr* quite eb i w)HVtmg tlie v auncu -quail! f tu mdor*. u. ..nd grounds * satislied. Ik World,: with remarkable skill and I. licituua !">tii in cobop- n that we wi.l rcudi atteu- bc satisfactory even to the aud.r H. Stephens. it of the %e\ed .pa slim re idity of the ronsliiutional e iHTfeet civil and |M»liti- uegroea is fully coated***!. John D.*«\ ex tiem., X> u!;«gham. Richard R. k\ casual ejtclor, and J. S. Noyes, tenant in possession. Ejectment, from Polk. McCAY, J. When a di ed tnd been submitted to a jury conveying l ’t No. 1, i.i the village of Culur lown. iiml a fraction weal of «aul lot. and it was pr*»ven that there were two fractions lie- longing to the grantor, one small and imme diately wes*. of a triangular shape, lying be tween lot No. 1 nml a public nmd. and arlv arv, l8ti *. By the Acts of the General As-1 false, scjiibly of tliu State, the company was an- has h thorized t«» construct the r«*ad through the - ; p ;ir iy county of D “!c on eerlain conditions tin rein jititut expressed. The imi p;ays ( amongst other junction with a small minority of true men I thin?, for an injunction to muaw ihegr;*'!- iiu-rc fought that party upon every danger- itoreof the company from selling the prop-|ous issue wumh nnd to that small ini- erly ol the roa*l in the county of Dade, and j nority the people of Georgia are inti voted for f.»r the appointment of a Receiver to take • their freedom from niahy evils which were charge of the same. vh« Ihv hearing «)f the j |*, u *ii sought to be iuFlictCfl upon them. Risk- n;u*jon for the injunction and tlio appoint- 1 j n£ r the charge of immodesty I may be per- ment of a Receiver, counsel, representing the] mined to say that I organized and led State of Georgia iil;*»igl; the 8tatc wns not a j the attack successfully upon propositions party to the bill) appeared before i»;e court j of startling enormity, When the attack | and objected to the granting of the injunc ^ almost Iiopcleas; I trust my record iii I lion, and read t*> the court the prex.'lama-1 that b niy wiil be accepted as a pledge of i ti«>n : ,f (he Governor **f ibis State made I what will be my course* in the Semite. The pursuance of t!.*^ Acts oi the General anonymous letter writer, in speaking of the isl-mbly passed in 18159 and iS76, granting’ H«»n. Win. M. Reese, says that Mr. Reese is ate to this railroad company and other ‘unflinchingly honest,” and (hat under his State comp: id«> company lies in tins Mate; tt *d the bond* of tbecompa liaviiv • th * ■ administration, “fraud and corruption win _ have no hoxm to the public car, and will he ex it nt of eight thousand dollars |K*r mile. -Tlie J poM*d tin .roughly ana in* reil. ssiy.” All that section of the Act of provides, “that j ; s here said I heartily accord to Judge Reese, in the event »ny b?»nd so cndoi-sed by the to Mr Ilinton, and to many other gentlemen; State as provided in tlie *Ciitjcp of the am i j claim as much for myself. The man- x\et, or tlie interest thereon, shall not l»e paid i ner ftrt A connection in which this merited by said railroad company t»! m Purity, i:, compliment is conferred upon Judge Reese ihall l>e the duty *-f the Governor upon in-! s.mis to me to l»c an assertion that Tr.i • qua* in idt* of th* Ollie Hki.p, That it to charge the jut west, but on the I formation,thereof, to sdzu and take posses u*not • untiinchingly honest;’ and lljat under ! sion of all the property of said rallr i i >m bj s aJmini.*tratiou fraud and corruption will t error in ihe Court panv. nn 1 apply the earnings thereof m ihe j have acuess to the public ear, and will not the fleet, that, yon facie, extinguishment of said unpaid bonds and the; ^ exposed tliore.ughly and mercilessly. If unallcst Tract km and the one immedi-j interest on the same, and upon continued de- j this be his meaning, I ask him to say so over west, was intended. ! fault for the period of six months, he may sell ■ hj$ own signature, or to communicate his Tin* verdict in this case is supported by I l property in such manner as may best j convictions to me personally, i prefer to vidence, and the court lielow having re-1 g;il»s«-rve the interest of all concerned.” The j u*s such an issue with him face to face, inti: Jll! qllc mi nt*. Tlie legal k* *u idle qu* *ti«*u "or t!iiug> wliu'hlhe amen pre>ved ai. right on g«*U' ml ground..' .Mr M« p any wish lo re* «n*ki\« tiu-ui of the Miilr .gc. *on. tbrrvtore, w hy il i sartv should n«*t st: The World, it M*em* s irreversible, but on land pr*»pricty, llu- new amen 1 .)«- auu udnn uts i>* u>M*.n. it the oreluiii are »p- oral and pfiiii- m*< It declaims ;r*K * *.r ih-prive renogood re a- |>cr.itie trial, this court will not reverse] the judgment. Judgment alfirmed. Thompson A Turner. NYright & Feather*! on. K N Broyles, for plaintiffs in error. 11. Blancc, by Underwood *fc Rowell, for defendants. proci f th*- Governor is dated *d j and in the manner required by the nature August, 1871, and recites that the company | 0 f ihe charge. The Democratic party in has failetl to pay the M-nti-annual inteaessduc j my district have, with singu ar unanimity, on tin. endorsrd bon N on the first days iff' conferred ujitm me the luu.or and the trust January and July, and ordered a seizure of the i 0 f representing them in th- Scnute. This, road and all its prop rty of every description. CV ery other trust " hu h has Ik cn commit- lying or being in this State, and placed the | t,.j to me, 1 shall discharge faithfully with same in the |M»s*i-<*'..n eff Messrs. N i*!K*t A unflinching honesty, and unswerving rcsolu as Agents fo lK*th siu*.-* arc ud logelhe . is also sati *xl. Thev ht ed. So cy up*' Nancv Byrd ft a(, vs. John P. Byrd. Bill j Gni for cancellali*m of deeds and relief. McCAY'. J. When A. died leaving a will provided that each of his children, *>u coining of age. should receive two negioes, at a valuation, and the balance of tlie istate re main together p rt of t»» others ULiil the: 0 ^j er ed, That William T. Wofford, of the j ff c tir me from the candidacy, or to defeat »c **r agO’W iien lLi shok'^om county of B.utow in this State, be and he is should my name be before'the Senate, w 11 i * t;i ‘ , hereby appointed Receiver in said case to out scruple as to the means. I have upon all u ;f r °^ '' lnC . f J-o’in iil-V take chaige of and preserve and protect the occasions without stint or reservation d'* 1 ‘ .... , i property of the said Alabama and Chatt.i-, in speaking of the organizati< n ol - iwv* i.ti. *ks an.i receipua n00iia Railroad Company in accordance with t q e Legislature, advocated unhesi- > v U --r°.*n 1 .1 • the Uw of this State applicable to this ca*o tantlv n* - conv«*ntion of the party, \>ar. * C uj divide* 1 The Receiver appointed in this case, so soon and I shall advocate it as the only safe coarse I for the I voungot« I b# ciually di u* Court -,ion to the e.xten granted the following order: “(>r l»-rt *1 by the i, v f^nr, fuv*.r i court that the Sta’e’s writ of injunction issue t-hnir. i:i the ton j in accordance with the prayer *»f complain- tl f the Senate. I ant’s bill, but that said injunction shall not ] 0 g,. s u-s belief i j restrain or interfere with tfie sale of said • strains him to railroad by the Governor of Georgia accord combination . »f ing to the laws of said State.^ Ij is further ]j L » reveal* thnl ,ul * and received hi: »n I f**r them at the v lars, and after thi of the slaves, all the legatees met t of my ability, uninfluenced nr affection—whether in th* unittec room, or on the flooi While this letter w riter al ii. and his virtuous soul con disclose the existence of a wlii h l have no knowledge, •re are those conspiring t* PENNSYLVANIA. Philadelphia, t)ctober 10.—A riot occurred in the southern part of the city to day. Five were kill^j and twenty wounded. The militia were ordered to the scene. A Lieutenant of the police was held in $1,000 bail for obstructing the polls. The trouble commenced between the blacks and whites at Eightliftnd Fitzwater streets. The streets were crowded and thousands were attracted there. A shower of paving stones was followed bv pistol shots. A number armed with muskets charged about and fired at the crowd. The battle raged through several streets. The courts and alleys were swarming with men who fired on each other. A numlier of colored men came out of an alley, armed with muskets, and charged on the police. The negroes were beaten back, when they took refuge in a tavern and fired from tlie second story. The tire was sharply returned. For ten minutes llq re were loud reports of e arms in the neighborhood, while missiles of all kinds whistled through the air. The wounded were carried off by friends. The riot was finally suppressed. The Spectator, an insurance journal, says that none of the leading corporations are in solvent, but a number oi the less prominent have sunk all their capital. The failure of cry one of these will neither cause a panic >r seriously effect the general progress of insurance. The great majority of compa nies will pay the losses promptly. Some have already begun to put their assets in or der to liquidate their obligations. The Spectator estimates that the actual losses of all the companies will not-much ex ceed thirty-five millions. The companies doing business in Chisago held scventy-tlircc millions of assets, including seven millions held by Chicago companies. Rumor says that (sight companies have failed, but all had better wait for official an nouncements. • The President of the International Com pany leaves for Chicago to make settlements. At a meeting of the Germania, Ilanovcr, Niagara and Republic Insurance Companies, mposing the underwriters* agency of New York, was held to-day. Due preparation was made to pay immediately on adjustment all losses in the Chicago fire, in doing which capitals of all the companies will remain un imp tired. Henry Clews nnd Jay Cook & Co gave each #1,000 to the Chicago sufferers. L. Morgan «L Co., London, telegraph correspondents to draw $5,000 for the same purpose. The report that the fire had broke out again in Chicago and was burning tiercel}’, is positively contradicted by a dispatch from Gen. Anson 8toger~of the Western Union Telegraph Company, now at Chicago, to Gen Palmer, Secretary of the Company here. Gen. Stoger says the fire started in a small house on 31st street, in the Boutli Division. X JULiIIVOIrS. Chicago, October 10, 3 v. m.—Word has just been brought that a fierce file is raging at Twenty-first street. Thjs street is two miles south of the southern fire limit and lit- tb* less than that from the fire limit on the West Side. It is evidently the work of an incendiary. Two T*TP caught firing build ings ami shot. Two others were led off with f jpea around thejrjie.jks. As tlie wind is i.px^bjowipf a gale, the end cannot bp told. Noon —The fire continued all night on the North Side, but this morning it is und**r con trol. Nothing is remaining on that side from the river north to Lincoln Park north, ami from the north branch of the river *m the west to the lake on the east. This portion of the city, except along the main river, where there were business blocks, is occupied by dwellings. Two-thirds of the population of the District r.rc German ami Scandinavian. Th e p <•*>’<• are m* baudm . At 3 o'clock this morning the rain came It did not rain long, but sufficient to wet tbe roofs and ground. Liftccq }:*iij f lr;:d cj:|;cr.3 Ip.vp beep syorn as special p dteb. The Federal force arc employed In guard ing property. One hundred thousand rations have been issued. Two men caught at incendiarism were hung t > lamp posts. This feiiiiinptry proceeding awed the tjijeyes into h:u n.i*‘-5sm-. ?; Every train bripgs engines ami firemen who immediately go to work. They ulc playing on coal piles to save fuel. A lew biiiuneoa men vl»o have mo^-e nerve than others, arc seeking business places on the west side. Rooms which ren r »*d last week for fifty dollars, now command five thousand dollars. The newspapers arc already at work pre paring for resumption. Water for drinking and cooking purposes is secured from the lake and parks. Thous ands of people arc camped about the artesian well, people are jet] pi Uiq churches anh school houses. The weather was very cold this morning causing great suffering, but the people are praying for more rain. iacli uuU {fauclcftf The tunc of a smoker—spit-tune. How to get a roaring trade—buy a me nagerie. The Fcejians say that Englishmen have " amey flavor. if you are in doubt whether to kiss a pretty girl, give her the benefit of the doubt. A religious cotemporary laments the fact that too many churches are run by “rings” A young lady officiates as assistant minis ter of an Episcopal church in Springfield, Mass. An exchange says: “We must fight the devil with fire.” Certainly, but it would not be advisable to advance upon his works. The following toast was given at a recent banquet: “The rights of women—if she can not !»e captain of a ship, she can always com- iand a smack.” An old bachelor having been laughed at by a bevy of pretty girls, told thorn that they re small potatoes. “We may be small po- atocs," replied one of the maidens, “but we e sweet ones.” Rrown, the other day, while looking at the ikeieton of a donkey, made a very natural quotation: “Ah,” said he, “we are fearfully ,ud wonderfully made.” publican nominee, there slouldbe noneat the polls or in the party.” This is patriot ism. Grant’s idea of reforming the civil service consists of selling the oliices to the highest bidder. The theory is that only the most respectable men can afford to pay the highest price. The New Y’ork World publishes, from what it vouches good authority, that General Kilpatrick has asked and received ten thou sand dolhiiv for advocating the election of Mr. Walsh, in the present canvass in New Jersey. In the General Government and in the State Governments, Grant’s administration is honeycombed with corruption, apd defal cations can be unearthed in all directions by a proper search. The whole cost of twenty-four years of Democratic administration, including the Mexican and Indian wars, was $889,592,300 39. Twenty years of the Grant administra tion would cost the people the sum of $9,870,- 131, 463 12. Kentucky politicians in Washington are much exercised in Washington over the in telligence from that State, that the Louisville Ledger, the organ of the Bourbon element of the Democratic party in that State, and in whose financi.-'l success nearly every promi nent Democrat in the State is interested, has pronounced squarely for the most unequivo cal new departure, ’proposing not only the recognition of all the amendments as finali ties, but giving to the conservative amnesty Republicans the privilege of naming the can didate for President. This is well under- >d to be a movement in the interests of Judge David Davis of the United State Su preme Court. Tcuue»iee New* Items [COXDEXBEP Fon THE CONATITrTION ] Ten miles of the Memphis and Vicksburg railroad are under contract. In all parts of the State a heavy mast of acron and beach nuts prevail. There are one hundred and nine mutes in the deaf and dumb asylum at Knoxville. On McGavoc’s farm, in Williamson county, »ht tons of Hungarian grass was cut this year on two acres. There is a gang of thieves on a line from Scottsville to ilenaersoii, numliering between twenty and thirty, nine of whom have been •aptured. Alderman Shepard, at a Council meeting, stated that he could show from the records of the courts held in Knoxville, that the sum of $100,000 was expended every .year for whisky and the expenses incurred from its effects. [Press and Herald. Mr. John D. Lon«;, of the Board of Indian Commissioners, and Colonel Cox, of the In terior Department, with three car loads of North Carolina Cherokee Indians passed through Chattanooga Friday night en route for the Indian Territory. The County Court of Hamilton has decided upon the jail prop erty in Chattanooga as the most suitable lo cation for a Court House mid Jail.— Chatta nooga Times, New chesnuts and scaly-harks abundant in the Nashville market. Nashville is getting up a joint stock company for manufacturing on a big scale certain patent medicines. Miss Katie Gilbert, of the Gray dramatic troupe, had a benefit in Nashville Monday night. The last day of the Tennessee Fair was suc- 1 brilliant. The first shipment of this season’s Louisiana molasses lias been re- 1 in Memphis. The sixth annual ses- f tlie Tennessee State Teachers’ Jksso- n will be held at Nashville, the 1st and 3d of November.— teuton and Amcriom. James R. Hawkins has been commissioned special Judge of the Twelfth Judicial Cir cuit by tiic Governor. Two spans **f tbe S:\lt River Byidue, on the Louisville and Nashville Railroad, were burned last Satur day. Jonesboro, East Tennessee, has 19 law yers. Diptheria prevails in Sweewatcr \’ a l* ley. The annual meeting of tfio fljraqd Di vision of the Hons of Temperance in East Tennessee, will meet at Knoxville on Thurs day. October 12th. Conductor Sumpter, on the Virginia and Tennessee Road, received an iqjury Sunday. Leaning from the train, he was struck on the head by the post of a cat tle guard. There has been over five hundred accessions to the churches iu Lebanon, Mid dle Tennessee, during the past twelve months. The matrimonial fever prevails in William son. The residence of William Cayce, of Williamson, was destroyed by fire hist week. Republican Banner. ’ ‘ SO|pit CftfoUnii Sicxv» Item*. [cONDpNi*Kl) FOft TIIE CONSTITUTION J Major Sleagel, of Clieraw, is dead. Dr. J. W. Tarrant, of Barnwell, is dead. The Court House at Blackville Is about completed. Six hundred and thirtv-one bales of cotton Imre h.u-u #iupneq ’from Blackville so far 'this season. "A* new post »Alice fires been established at Walker’s Mills, nine miles northeast of Aiken. Captain J. Brown, has consented to fill tfie »malt Ion irqvell.—ffarnwch Jour- iead»*r of ihi* claw of journals is tho Atlanta S lted by Mr Alexander Stephens and it ha* many fol- cratic party to accept the new amendments of the Constitution as Tabu aud btudinc parts thereof, and characterizing as suicidal folly the policv of non-acquiescence. This latter class of journals sail under the euphonious title of “New Depart- urists,'’ and they, too, have their folio.*i rs. So it wouli seem that the Democratic parry of Georgia is split wide open npou the qu etion arising out of this departure from old party landmarks ; but such is not the fact. Although some of the able*’ journals of the party in »he State are snartiug and snapping at each other about this or that infidelity to party tenc'satid principles, yet thev all agree to harmonize when the Presidential election co ius off. and will all support the l ‘emocratic nominee. Do we jiot state the case fairly? If so. in the name of common sense we ask, why will these editors persist in distracting the minds of their readers aud producing discord. Tncy are really making a better Kent for die Kepub- can nominee in 1872 than the ed tors of that party. Mr. Stephens is almost daily peiiuitii: paragraphs that will be k'ptin flaming capitals at the head of Kepublij | he is qualified as required by tho order « > be pursued and expect to abide by the ac measures, whenever and wherever they are ! Alabama and Chattanooga Railroad situated presented by proper party authority. r **i in the Ma e of Georgia, and all the property i I take great pleasure in stating th it I never 1 1,1 -.t I ...» • ..... . .. win.h to stand. Mr. Stephens is pleasod because « York friends ref - *.<> ”admit the heresy" ' received in *1801 against the legatee who re-17* *. „ , : icto II" ir , ouoriU u«.l a. :i.>a Tr." Work! i- o-iv.J Hum. and making mr.tua! u.e.li Io j chattonWa lililroad hw please d bevau-e they expreas tiie new dc- j ea**h other of the lan.*s lalhnj, to each, all 0 f Georgia, and all the property • . irka dull and aa-l *’ tin ~ l ‘‘ " * ' 0 * re • ,p o ^ t , u , a barn a tod Chattano oga Raiir*»ad have be-fouleal. defamed <»r slandered any one _ . . - . . . -f. u,the uegroe> u» . . , Company now iu said State of Georgia of f,> r the purpose of advancing the claims of pa,n . andtre.it it ; n a in.in.nr >> feint- , llELtb That in the aWnce of any charge ever y kind and description whatsoever; and mvsdf Jr another. i*»u» both v.i 1•«*!». »■ ; ‘ti« n and expre— :: ] of fniud onnis.ake * g > »_ *«, ur *»t an jt further ordered. That said Receiver ne- j n your editorial comments, Mr. Editor, Of one thing wc may U* certain, and that j other reservation, or ^ v . ' u * “ gotiato with the parties in charge of and VO u rightly interpreted me. I hope not to * ” 4 0 | eontroling other p»>rtions of said Ala- ’forfeit the indorsement so generously given 1 bama and Chaitauuuk* lhiUfoad >ituatc*l by b*jth Tue Constitution and Chronicle. the running of L. N. Trammell. t-*ntinel and Ma- papers in which the . . , ase copy. L. N. T. appears from the complaiounts hill, that th n .e mumble which pr-vs a cancel! Dcm.vracy must, of ne-1 . , . the legauv receiving the negroes want that work d«»ne, and done at the North *0 that it w ill l*e 7wiuAC*.nt. We hope uu subject * f the Nr w Departure will be dropped | ,d division of the property bequeathed by he will. Judgment affii •ii f. r plaintiff's in uw* SiUtLcin Ji^’UsSsion at this time, and J er ^ ar •till furtlwr hope and twliere that if this is Wright *fc Feathers ton, R. Fouche, for de- d*4U* it will not p«>ke its distracting presence ft ndaut. into the contest of 1872. From tli* quotatinna we have given it will be acen L*at ;:a agreement seems complete*!. It u gratify ing that this happy result is ere will be no m«*re I^*t the united ,« d up *n the Radical <netm\ r;v if w in t .«• minority clu-e 1 prepare f*»r the grand battle have confident h*q»es of vk- We (nut now . divistow i* the l’ bu«r-riM *»e tun. Lei thegreai p up it-* ran .*-. * U a continuous line of railroad from M**n-! Theatrical Note* dian, in the »iate of Mississippi, to CLatta- * no*»ga, in the State of Tennosiue. In «>ur The “Man O’Airlie” is the attraction at the judgment, the allegations in the complain- Arch Street Theatre, Philadelphia, ants t.ili make a proper case for an injunc- ^ Ir ami \y j Florence are at the lion to restrain the sale cf that portion of the Grand Opera House, New York, in a new r*.d being in thi* Mate, and the property of p* av> “Eileen Oge.” Marij Donkk* v S . MorrU Kohn. Motion for who h«c .The receipt, of Pike. Opera nou« Cin new iriai, from Kiojd. Te^l L tl.e >ame in »ti .faction of ibeir McCAY. J numerous conliiciing lien., so a. lo pr"Venl a easement, w.isaliu*e OTer $20,000.^ 1 Where, .lurini tiie time »t which a case niiiliiplicity of fu.Lv au.i to prevent irrt par Mi* Lyilia Th,.mpson_baa put Lurlme «a« tried a c«>.-.sent order ws* taken giving able injury and damage t*» the respective in- , . , , n . •hf iorin’r I tort T t him d-. vs aft. r the final doners of the U-nds *.f the company both in it ha? nM proven as much of a card as ‘Blue a,Ijournmenl .it'...:irt'wiluin which to make reptr.l to the Slate of Alabama, and the Bear... a ill (. r I , w trial and tiie ti.e brief of State of Georgia, as well aa the other credo >ili-r>n will gire twtlce entertainments test V wUi'.li time was-ubsoriuentlv bv tors of the company in this Male. When Bo-ion—ten niybts and two matinees. Tickets desired, another orJ.r, ; t--. l t.v the Judge, also by tbe nad i- «o!d it w ill be Iiest for all the , are forty dollars for the season, or five dol-l consent, extended to tiie' dav of Decern- creditors of this insolvent company that it lars for single seats. I General Jicwi Items. [condensed for the conetitctiov J In MinnesoU j)otatoes are twenty five cents bushel. Distilerles are commencing operation throughout tlie country A menagerie audience at Maynardsville. Tennessee, was routed by an escaped wild cat Advices just received from the Indian Ter ritory show that lawlessness is largely on the increase. There is to be an underground railway in Constantinople, to run between Galata and Pera. The supporters of the Emperor Napoleon in Paris, are growing bolder in their trigues for hi9 restoration. A Chicago company is working the Battle Branch mine in Georgia, where huge lumps of gold bearing quartz have been recently found. The steamer Maria has returned to San Francisco from the Arctic Ocean with a t uable cargo of furs, whalebone and ivory. The first pair of India>rubber shoes ever seen in the United States was in 1820. They were guilt and pointed like the slippers ot the Chinese mandarin. Swearing at a policeman in an orderly manner costs five dollars in San Francisco A special tariff is arranged, in view of probable visit from Dr. Greeley. of Jntpncb-qt qf Rarq nal, Professor LyBrand has commenced the formation of sin Orchestra for the Columbia Theatre. The Governor of the State had a pair of bools stolen on Friday night. The grand jury of Newberry county reports that ten cents per day is amply sufficient to pro vide food for the paupers of that county, in cluding tho support of the family of the Su- pWiniendeut and the hirelings.—Daily Union. Rev. T. W. Dash, A. M., of Winchester, Virginia, 1ms been elected to the pastoral charge of St. John’s Evangelical Lutheran Church, of Charleston. The same being the church so ably filled at one time by Rev. John Bachman, I). D., L. L. D. There is great activity in the business among the steamships at Charleston. Captain George D. Keitt, of the firm of Malloney & Keitt, died on Sunday last W. I). Field, an agent of the Northeastern Railroad was murdered Sunday last, at Oakley, a station twenty- seven ’miles from Charleston. In Marlboro’ county, cotton picking fias been carijod on vigorous!y. 8*.u*c or the farmers have nearly their entire crop picked out. Very litt’c re mains to open. It is something unusual for the great bulk of the cotton crop iu that eec- ' in to Ik* gathered by the last of September. Charleston Courier. General Jiews Item** OKDENSEU FOB THE CONSTITUTION ] Amadeus, of Spain, is strictly temperate. General Anderson receives $4,125 per annum. Detroit glories in a squash which weighs 145 pounds. The Mammoth Cave, of Kentucky, is for sale at $500,000. Five pound potatoes are plentiful around St. Charles, Minnesota. The perquisites of the Sheriff of Philadel phia amount to $75,000 a year. Moses A. Dow pays the largest individual x in Charleston, Massachusetts. The St. Louis Fair, just closed, collected $90,000 at the gate. Michigan has an immense apple crop, which sells at $1 to $2 per barrel. Spurgeon is getting rid of the gout. He should abstain from No. 3 macarel. A farmer in Scott county, Iowa, wept for joy when his onion patch 10 acres, netted him $2,025. Horace Greeley has a daughter who is con sidered the most finished mathematician the country. It is rumored that Mr. Jefferson Davis has given up his home in Memphis and removed to Baltimore. Solon Robinson, the theorizer on Agricul ture, and a writer in the New York Tribune, has recently been divorced from his wife. Madame de Lavalelte, a nervous French woman, revenged herself on Thiers by putting three bullet holes in his photograph. Bishop Selwyn, of England, now in this country, is called “the man who feared God J -.1.1 — ..11. 1 miloa in 1 OlkO Kni.M *' President ini < hi* opponents of the New Departur»* a vas*t *le»l of quihbl'iq:. squirm ing anil stultification And wir.t do-s n amount to? What come of n? What nUii-i* r*nn't» will fol low than tho pcr]>etu;iiic>n in olllve of the party now ruling? If we lia-1 the power we wou'd * • d the lips and stop the pens of Southern poli.ici.ms for the next twelve months. The above is from the Macon Citizen, whose chief editor la Mr. Shropshire, late local editor of the Telegraph. The fact that he has been on political duty but a day or two, will account for the very grave mistake as to our position, which has been one of careful and thorough abstinence from par ticipation In the agitation of the “New De parture” issue. We are glad to see that the “Citizen” takes our own position. It thinks that th .* South ern discussion of tlm issue is entirely out of place, productive of discord among ourselvea, and calculated to cripple our Northern friends, and aid their Radical opponents. know’ that the new movement has been both favored aud opposed by able, honest patriotic and conscientious Democrats, whom we c»teem and trust, and who are* acting from a sincere conviction that the best inter* ests of the country are subserved by the course they advocate. We have, therefore, Icprecated the aspersions cast on b >ih sidis as unjusL The movement originated North, and iu some shape was a necessity. Wc thought the South should not meddle with it. Even tlie most cure:ess observer of Northern senti ment could not fail to see that until wnr- issues were buried, there could be no chance for the Democracy on constitutional issues. As the war party, tlie Radicals have me su premacy on ull war-issues. Could the South have sincerely and unani mously endorsed the new movement, il would have helped the Northern Dcmocra *y piate- lly. But this was not possible, as the new qiovement was then construed. The next best thing in view of the divisions cf fcouth. ern sentiment was Southern silence about it, g me North to discuss it iu their local contests, and to mould it into such form as would secure its purpose of disentangling war-issues from the great question of Consti tutionalism against Centralism, and si ill leave a common ground of congenial Democratic ii*y. The Southern advocacy of the new de parture could be but partial, and, therefore hud better not have been attempted. * he result benig tlie evoking of an opposition which how ever deserved j would be certain ot miscoit- slruolion and of use against theconsiiiution.il cause and its friends North, not only iu their local contests there now, but in the great national campaign of 1873. Therefor .South ern silence this juncture was the pro gramme, leaving the .Northern Den *rats to work their new movement into unex; eptiof- uble shape, which they eoifl j do better with out oqr interference man with it. Yuen, in 1873, after the local contests an* ov. r, and the dust of those skirmishes aresetti. .1, when the Northern Democrats have aggregated their many ideas of the new departure and evolved a clearly-defined and gen- rally ac cepted programme, reconciling t . • seem ingly diverse views, testiug practice.iy their force, aud combining them into unity, then we say, in the national battle at li.md the Southern Democrat* ioulu have acted on that defined ail’d accepted programme for. the suc cess of tlie party. But as it is, the premature agitation of the measure has, we fear, furnished mat. rial that will be tellingly used in 1872 against us, gar bled and misconstrued by the K idicals While the division iu our parly would he most injurious. Thqt the Northern Democrats would arrive at a satisfactory settlement of the new move ment to bury war issues, on which the South could enthusiastically stand, we i. ive not doqbtcd, aud they could do this better without than with our aid. Hence have we urged Southern sib nee and party harmony. We have advocated and shall urge no fatal concessions of principle, but in ull matters of mere Southern policy wc shall press that the party ha governed by good sense and a wist considerate •» of re sults. Wc are glad to see the discussion of the l*w Departure is Quieting dawn. Let us hear no Uiofu of it on either side. R.ii let u> unite and go to fighting our powerful enemy. State Deal atlc (•■mlltrf. The members of the State Democratic Executive Committee are requested to meet at the office of the Chairman, in the city ofl Macon, on Tuesday, the 24th day of Octo ber, at 10 o’clock a. m. A full attendance Clifford Anderson^ Chairman. Democratic papers please copv. Georgia N«wi ItentN. [condensed for THE CON*TITUtion.] Parties in Macon arc at work building a steam Yacht, which they hope to have com pleted in time for the State Fair.— Ihiily Citi sen. A band of Gypsies are encamped just side of Augusta. Only 403 voters have as yet registered i a Augusta.—Augusta Const it u tionalust. A party of seventeen surveyors have arrived in Columbus, who will continue at once from Columbus a survey of the Chattahoochee river.—C J urn lui Enquirer. Augusta lias a colored bushwh icker, in one Paul Jot'.’-!*, who waylaid ano lur colored man NuL .ii Evans, and discharged his gun, heavily 1 -. led, at him. Wounding Evans se- verly in i. e head and neck. Augusta has a bite woman. The 1 .dies of St. Patrick's t hitrch, of Augusta, intend having a fair in December.—Chronicle a.-.d Sentinel. The people of Jones county do not find their Swedish laborers as profiiab'.* as at first anticipated. They cannot stand ti.e hot sun. Our informant states that this xear he has tried the native \\hi:« African. The latter n- most profitable. M.n, left their employer.-. —’■ . In selecting u p • Constitution a *1;*. t ■“A State ltoad* «* . Savannah News. F.dli paper was entirely «m*. >ur high appreciation and could walk 1,000 miles in 1,000 hours.’ Han. W. D, Anderson* of Cskb. Editors Constitution: The time for the meet ing of the Legislature is approaching. The public mind looks with much interest to its action. That it will be characterized by mode ration and prudence none seem to doubt. 31 uch will depend upon a wise organization. The gentleman whose name heads this article was a member of the last House of Represen tatives ; and with unenviable associations, he by his wisdom, moderation and integ rity, an enviable position in the esteem and confidence of Georgians. I know of no mem ber of the present House who possesses equal ? ualifications with him for the Speakership. therefore take the lilierty of suggesting that his election to that position would meet the unqualified approbation of the people of North Georgia. The elements of experience, ability, integrity, and patriotism are all com bined’ in him. And the opinion generally prevails that these rare virtues are now de sirable in official position. A Omm. Wliy * We have called attention to the fact that the action of the New York Democracy pleases both the departurUts and the..- oppo nents. Both are pleased. Both claim il as an endorsement of their programme, and of course they can unite upon It This may seem strange and inconsistent, but it i9 not. It shows what we ii along believed, that they did not understand each other, and, as wc have claimed, that there has been great though unintentional misrepresentation. That unqualified “New Departure” paper, the Louisville Courier-Journal thus speaks: “The‘New Departure,’ so-called (mind that ‘so-called’], is thepemocrtic platform iu every one of the States where a contest Is going on. It has been greatly misunderstood ; but, as advocated by us long lieforc the idea was formulated by Vallandigham and mi-named by the Radicals for shrewd, campaigu pur poses of their own, it means the acceptance of the status of the negro question. 'I his L all. It does not mean au abandonment of any cardinal or constitutional princ iple put forward by Jefferson and adhered to as an axiom of faith by Democrats.” We are willing to take the Departnrist at hi9 own estimate, and we have from * observation of Northern sentiment known that the Northern Democrats meant by the Departure only the settlement of tho negro question as a war-issue. The anti-departurist has claimed that the Departure went farther, aud abandoned State rights. The disentanglement of the twe questions by a specific mention of a recogni tion of the "status of the negro, seems to have satisfied both. 1 he Departurist tiiereby shows that he don’t yield to C’entrali anti-departurist claims that the constitutional issue is intact. The Courier-Journal winds up an article thus, alluding to the anti-departurist Now if they are satisfied with th*? action of New York, so are we, and let us raise on that as our platform. Come, cheer up and be lively. What do you all say to peace on the New Y’ork ba* is ?” Trifles. A little short—General Tomb Thumb. Chicken Hazard—Their premature count . th • > * it* and the : i 1 *! * itUaily the 'if > a .**les have i (j> • yi>tn\ *f ■••»**:ry for The » ' 1 i * •. »ur choice «from tbe t; * - «ii*. it to that ir. and to show u of the poet of the ews, we recommend to the public a later production, entitled, “Affairs in George ” UA New Version of a New Song.” Mrs. J. W. Harris, of Cartersville, entered some tlffrty-mld articles of domestic and rus tic housewifery at the late Fair at the above place, and carried off thirteen premiums. Improvements still going «>u in Cartersville The sound of hammer and trowel arc con- J heard. Cotton coming into town briskly. At the tournament at the Fair at Bmow, Mr. John Vaughan, of Pine Log was the winner of the first prize, and Cap-1 M" W. H. Stiles the second.—CarUtntdlel Express. I lie City Council of Milledgevflle, by ordi- Inaiue and record, has tendered to the State of Georgia, a farm of five hundred acres, for tne Agricultural and Military College, to be located anywhere the State may choose on the city common. It is worth $25,000. On the same day the trustees of the Milledgeville I resby tcriau Church High School, made a |°f ff'ff h> tho State of Georgia, for the I trust, of all the old Oglethorpe College buildings, sixteen in numlier, ami fifty acres pai t of their laud.—Mi'ledgen-'le Recorder. On Monday the warehouse books of |Columbus footed up 349 bales, the heaviest , —. day this season. There should be some arge receipt days, as Columbus is 8500 bales behind last y ear. Captain Fry,of the steamer, C D. *ry, tells us that the railroad from Gurney is completed to within some eight miles of Chattahoochee, and the track is being laid at the rate of half a mile per day The funeral of Captain J. R. Morton, n former May or of Columbus, who recently |*ln*d in Savanna^, was a large and imposing one.—Ciownbus Sun. The Georgia Historical Society and the Sa- vaunah Wbnwy Association have been anal- gamated. 1 lie profits accruing upon each . the People's Mutual Loan Associa tion of Savannah amount to more than one imnilre.l per cent. Wilkins and McKenzie r 'Justice A. L. Jones’ office in Savannah, ■ V 1 Uu * Justice, one with n Unifv, and se- rmusly cut Inin on the tou of tlie head before iln*v "ere arrested. The Southern and At- 1 jntie Velr^eaph Company have completed all of its arrangements in Savannah, and is ■low prepared to send and receive messages. J he elections in Savannah on Monday passed >IF quietly up to 10 o'clock Colonel Screven hudlhe whole |u inocratlc ticket triumphant. YJtlie largest vote ever polled in the city it a city election. Colonel Screven’s ma- ■ffity leaeiics perhaps two thousand votes. Alter lUo clock there \yc^ aoQte little distur bances, the day however passed off as well as • >uM have been expected. Colonel Screven •reived a number of colored votes,—Saean- \iuih A tie#. I he Fair of the Monroe Agricultural As- soei itlon wqs In every sense a success, and cannot prove otherwise than beneficial to the ■agricultural interests of the county. I)r. .Limes S. Lawton, of Forsyth, lias been suf fering for a week or ten days from the effects ■ >f a fall which resulted i:i dislocating his right arm, with other minor injuries. The fail term of Pike Superior Court adjourned on Friday. The dockets were light, und the eases of minor import-gpoo. The cloudless skies and jronial sunshine of tli«? past few days has materially improved the cotton pros- P**ct. Our planters are making ever? avail able effort to gather tfie crap as List as it mpena. The receipts at tbe warehouses indi- ite that the bulk of the crop will be gather- pi within the next twenty days. Forsyth needs a market house, Thoro were over one hundred arrivals at Greer's Hotel last Satur day. The spire on the MetUodUt Church in I Forsyth has been completed and towers grandly above every surrounding object A horse of 3lr. 1. Brent, was recently killed by au infuriated bull.— Monroe Adoer- \Ustr. South Carolina !*cwa Itonaa. [condensed ron the oon»titutiob ] | The weather for the last week has been coo] and bracing, and the rice harvest has Inroceedcd very satisfactorily.—(JeorgeUnrn 1 Times. One hundred and ninety-five pupils were in at tendance at the reopt ning ot the Catho lic Sunday School in Charleston. A colored girl in Charleston was severely burned last week by the explosion of a kerosene lamp. Two colored children, the one ten and the hither thirteen, had a fight in Charleston a day or two ago. One of them threw a piece of tin at the other, which penetrated the tem ple of the one thrown at, und required some force to remove it. From the results of the wound she has since died.—C harleston Courier. Shooting teal ducks near Columbia is tbe sensation. Cotton picking in the suburbs of Columbia is demanding labor, and cotton i9 being put on the market with fair alacrity. There are about one hundred buildings in pruccj-s of construction in Columbia. The iron on the Wilmington, Columbia and Au gusta Railroad has been laid nearly to the depot and construction trains have been pass ing over it. A colt be longing to Mr. Sheri- n hud the teudous of one of its leg9 severed [by stepping on a glass bottle, he was put un ' e influence of chloroform aud operated I upon by Surgeon Darby, and is now recover ing. Joseph Breunan, eldest son of the widow Brennan, of Columbia, aged about 20 years, was instantly killed on Monday by the accidental discharge of his gun.—Daily I Union. Not all at once the morning e Tin-k’ohl above the gray, 'Tit* thou-ani )iu|.- y.-Unw glcana That uu*kt» the day the day. Not from the tnowdrift May awake* ■ In pnrplcs. red* nnd Upon the on-haul rain mu ft fall. And t*oak from branch to wot. And l'!ov*om» bloom and fade withal. Before the fruit is fruit. The fanner ucedi* must sow and till, Aud wnii the whcjttrn bread. Then cradle, throb and ro t Before the breud is bread. Make this y«ur motto, then, at start, 'Tw:lt help to siuo-t.h tbe way, And steady up both hand and heart— "It.-me wasn't bui:t in a day!" LOVIAG, RUT UNLOVED. Few were his look* antf words. But they linger for evermore. The ami!<* of his rad blue eyes \V.n-* tender as snule • ouid be Yet I was nothing to huu. Though he was the wurid to u Fair waa the bride he won. Yet her heart was never hie < r beauty he had and held. But his . ; Wl-uld ha Vi With i r alone, i his slave, lifelong fee; s nolhiug to'him. While he waa the world to me I To day, in hie stately home. On a lower-t trewn bier be Ilea, With droopiug lids fast closed O'er the txsuiiful sad blue eye*. Ami antou^ the mourucra who moui 1 may i.ot a mourner be; Fori was nothiu^ to him. Though he was the world tout*, lio •ril! it b? wilh c ^irit Vf| \ celestial foon Must the sorrow repeated ba, Aud 1 be nothlutf to him. While he din's heaven for me ? THE OLD HOUSE EAR A WAT. ^nd the peaceful shade of the purple hlUa Kails dim on my mother's cot; t* windows arv small and iu* thatch la low. And its ancient walls are gray ; Oh ! 1 see it: 1 love it! w liore'er I go— That old house far away. A* d ihe |K*t geranium <:rows rank and tall. With ils brilliant scailet flower*; And the old straw chair so cosy aud low. Where mother sat knitting all day ; .. - * rerl go— othei ! how plainly I acr her now That was so smooth and’fair , \N it h her crimped bonier w hite aasaow. And her once dark hair uow gray ; Oh ! my heart Is with her w here’er I go— Iu that old house far away. ’. h ® tro »* ur « the world affbrda, The richce of land und sea— Not a!! th* wealth of earth's proud lords 11*111)101 iron* my memory The roof that sh« Itered each dear, dear head. And ihe humble floor of clay, Where the feet 1 love were wout to tread. In that old house far away. A New Candidate. Editors Constitution; I see several names mentioned in connection with the Presidency of the Senate, when it meets in November. I hare nothing to say in disparagement of any of them, but wish lo present to tbe pub lic tlie name of a man who, in my opinion, it the man for tbe position. I refer to tho Hon. James ii. Brown, the Senator elect from the 39th Senatorial District, Col. Brown io a lawyer of distinguished ability, a citizen of irreproachable charac ter, and a Democrat of unflinching integrity to the party. He baa never, in a binglc balance, wavered or swerved from tiie path of Democratic ortho doxy. When bis brother. Governor Brown, “ac cepted the situation" and went off into tbe Republican party. Col. Brown stood by the old faith, as firm us adamant, and refused to be controlled or influenced bv Itia brother. He is a man of fine* ability, clear head, and worm heart. No one is more popular with the old iron-ribbod Democracy of the Cherokee ounty. lie was elected to hia present position by an overwhrlmhig major ity over a popular opponent His knowledge of parliamentary law and his promptness and decision of character eminently qualify, if they do not entitle him, to the i>osiiion. In addition to this, 1 think the Senate should be ready to do Cherokee, Georgia, some measure of justice. Never, since tbe country was settled, has Cherokee, Georgia, been honored, by the* election of any one of her citizens, of any party, to preside over the Senate. I trust Col. Brown will be the unanimous nominee of the Democratic cau cus. An Old Tims Democrat. Tcnuessce News I tor mg- Illinois chickens scratched up a gold watch that was lost seventeen years ago. Ladies who use powder ought not to won der if they are occasionally "blown up.” An erratum in the Chicago Trib ine reads : For “setter pup” read “letter press.” A Massachusetts psychologist has mesme rized an inebriate out of his appetite for liquor. When you leave church after a wedding ceremony you should be said to be going out with the tide. _ _ What was the proverb that King Lear heard j Advertiser and Mail. from his two daughters? “Go, father, and fare worse.” [roNDEK»ED FOR THE COMtTITCTIOX.j Tlie various gambling homes in Nashville have been closed, in accordance with orders ifroin police headquarters. Orders have also iit-ued for the rigid enforement of the prohibiting the selling or giving away of liquor on the Sabbath.— Union and Amer- | ican, ■ Mr. Blaisdell, of Massachusetts, has taken [the contract for improving and facilitating the Tennessee river above Chattanooga. The iation of Baptists of East Tennessee, commenced its Fourth Annual Knoxville last Saturday. —Daily Times. The new Methodist Church in Franklin, is fished. The Edgefield Bucket Factory] [recently burned, is to be resuscitated. Th< [total number of arrests in Nashville for the past three months is 1,039. The Nashville and Chattanooga Railroad Company have [purchased the Nashville and Northwestern Road on terms most favorable to the State. Republican DannerJ Alabama Mews Items. [eoXDBNSID FOB THE COHtrrrmON ] Ely ton has no regular mail facilities. Blount county lias a model baby four months old and weighs eighty-six pounds. The mail line from Buckatunna to Bladen Springs has been exteuded to Coffceville. Mr. Ilall Dawson, of Gainesville, was shot to death last week in Scooba, Mississippi. Some of the best citizens of Montgomery participated in the meeting held by the De mocracy in that city Monday night. The meeting was harmonious, and th*- . i«;ket nom inated lor city offices satisfactory. F- - Mayor, James I*. Terry. For City Clerk,ii. Snod grass. The construction train on the Mont gomery and Eufaula Railroad ha-* reached Montgomery. To t is point ali the trains will 0c run in a few duys, when Montgomery and Eufaula will lie placed within five hours of each other. The prospects of the State- University arc reported lo be flattering.— Editors Constitution: As a diversity of opinion exists among intelligent, men os to the time when the election of State House officers will take place, you will please pub lish the following view of the subject. If any gentleman entertains a different view, I hope he will give it to the public: Article Hi, section 1, paragraph 3 of the Constitution provides that the General A»- scmbly, after the first meeting under that in strument, “shall meet annually on tlie second Wednesday in January, or on such other day as the General Assembly may prescribe. By an act approved 25th October, 1870, the General Assembly did prcscrilie that from and after its passage that laxly should meat on the “first Wednesday in November of each and every year,” consequently, tbe ap proaching session of the General Assembly elected in 1870, meets on the “ first Wednes day in November,'’ which is the first day of the month. By article III, section I, paragraph II, of the Constitution, “the members of the House of Representatives shall be elected for two years.” The Senate is a body always in ex istence by reason of the terms of retiring members being filled by election in accord ance with the terms of said paragraph, it follows then that the present General As sembly which convenes in November, 1871, will meet again in 1872, in the same month, because it is elected for two years. By sec tion 1304, Irwin’s Code, State House officers are to be elected “during the sitting or session which immediately precedes the beginning of the term which they arc to fill.” The term which the successors to the present State House officers are to lie filled, I>egin8 on the 1st day January, 1873, consequently the present Legislature, at its session in Novem ber, 1872, (unless the present law lie changed) will elect the next State House officers. Vbmtah. Political Trifles* Beecher calls the revenue service a “vast quicksand.'* Tom Murphy is called the Warwick of New York Radicalism. Southern Bourbons arc now styled, “The men who heroically slick in the mud.” Judge E. D. Smith has been nominated to the Supreme Court of New Ycrk. The guillotine is at work among the office holders in Brooklyn who favor Greeley. Mr. John Quincy Adams lias l>ecn re quested to make an active canvass in Massa chusetts. Some people say that dark-haired women marry soonest. We differ; it is the light headed ones. Married people should study each other's weak points, as skaters look out for the weak parts of the ice is order to keep off them. £5F“ It >s related of a member of the Bos ton bar, that once meeting in the dog-days the estimable son of a fatliffr of rather equiv ocal reputation, in absent minded moment, he amazed him by inquiring how the old gentleman stood the heat. The old gentlcj man had been dead two monthg.—Tinus. What is Home ?—“Home,” says Robert son in his sermons, “is the one pfat-e where hearts are* sure of each other. It is the place of confidence. It is the place where we tear off that mask of guarded and auspicious coldness which the world forces on us to wear in self-defense, and where we pour out the unreserved communications of full and confiding hearts. It is the spot where ex pressions of tenderness gush out without any dread of ridicule. Let a man travel where he will, home is the place to which ‘his heart untraveled fondly turns.’ He is to divide all pain. A happy home is the single spot of rest which a man has upon this earth f«*r the cultivation of his noblest sensibili ties.” A gentleman was describing to Doug- la*s Jerrold the story of his courtship and marriage—how his wife had been brought up in a convent and was on the point of taking the vail when his presence burst upon her enraptured sight, and she accepted him as her husband. Jerrold listened to the end of *he story, and then quietly remarked: “She simply thought you better thaffnuw.” A Question of Inspiration.—A clergy man was preparing his discourse on Sunday, stopping occasionally to review what he had written aud to erase what he was dis|>osed to disapprove, when he was accosted by hU lit tle son who bad numbcrc 1 but five summers, “ Father, does God tell you what to preach ?” “ Certainly, my child.” “ Then what makes you scratch it out ?” CP"All endorsers of tiie New York or Illinois Democratic platform go the full length of the miscalled New Departure. Some of the Bourbons do not seem aware of this fact I( is their uii fortune not to know exact’v what they do Uriicvc. In one breath they endorse a ‘platform, and in the other denounce its cardinal, dogma.—At** Itusehe.

Georgia Historic Newspapers

The Weekly constitution. (Atlanta, Ga.) 1868-1878, October 17, 1871, Image 1