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fonstitntioiT.
Tern* •! XabicrlftUB:
WEEKLY OOK8TITUTION per «m»«a .... «JOO
AanlvntpUoMan^jaM* Mail la adnats
*»4, stlSee«l>lrs*-.<m of tacthse for witch pajnxa"
m ptKrUmrif r
e off tlM
rw~ C»*W uf Tm ftt 00. sod » cupj of the p-^cT
•mt fn>c »• tlie ms*W *p
National Democratic Ticket.
FOR PRESIDENT:
HORACE GREELEY,
or SS.W YoK*.
THE WEEKLY CONSTITUTION.
VOLUME
X-. U ^ /
ATLANTA, GEORGIA .TUESDAY. JULY 16. 1872.
INUMBER 15
■UTiani! ( u. vr.iria..
.MTn. few.|Ur
|D KC1MIO IN S'.
i l
rOH VICE-PISF-SHIEST:
B. GRATZ BROWN,
■>r irovmcui.
ATLANTA. OA-. TUESDAY. JULY 16.
Mu It abaet.
Wo print oor weekly upon abalf Jaet
Tlilo m unavoidable on «m«»l of our n -
moral to onr now building. Tbb accounts
aim fur one ilij’i May, all onr pn mi being
down.
The Sallaul Oraaacral'e Ticket.
We place at the brad of our columns the
Prtablenlial ticket wlopiod by the National
Democratic Convention at IblllBwn. By
reference In onr tab grama it will he wn that
Greeley and Brown were eacii nominated on
the drat ballot, receiving almost tlic entire
one uf the convention. It la one of the
moat remarkable faalloU ever cant In a
National Political Assemblage. Its onnnim
ily auger. "glorift-mly for float succere." Wo
believe that Ibu National Democratic Don
arralion have derfaled who shall be the nett
President of Ibe United Htabr. We njqical
to all Democrata. now IItat tbe banner of onr
noble old party la fiouutod to the breeze, to
rally onder It and win n victory, wb<cl> shall
rescue lb« country from tbe rulu of centralist.,
and military overt idera of tbe Const Util Ion.
The Baltimore Ornrenfle
Onr special and prea* ubpalrhcb glre a
full account of tbe proceedings of tbe gn-nl
National Democratic Convention. It will be
seen that the Georgia delegation in unanimous
fur Oractry. Randolph waa mailc temporary
I’mddcut of tbe Convention amid great en
thusiasm. A nail, insignificant crowd of
aoif-nominabd anti-Greeley delegates are
trying to get up tbe form of a Convention,
but arc enacting only an egregious farce.
There la not a name of national note among
then# (virtually) Grant strikers. We trust
that there ia not a Georgian among then..
Certainly no one in RaWmore la authorized
In represent the Democracy of Georgia but
tbe delegation bonded by Colquitt, and
which baa spoken unanimously.
Ex-Senator Doolittle, on taking the chair aa
(permanent President of the National Convtn
lion, matin a alirring address, which wqa
londly applauded. On slating that the issue
waa clearly made np. and it wits Grant or
dri-elsy, tbr cheering and enthusiasm were
immense. Out of some seven hundred dele-
gahe, only about fifty arc ugoinat Oretdey,
accenting to eatiinatei
■talk mt Han. Llatan ntapbonn.
By Intelligence received yesterday we arc
adviaul of the death of this distinguished
citizen. The lengthonnl connection of Judge
Htrphena with the public affairs of Georgia
will give to the announcement of his death
a mournful Interest wherever it goes through
out thu state and in many distant places out
side. Judge Stephens was a native of Gcor
gia, Iry whtxse people he. was often honored
with places uf trust and confidence. Uc was,
wn are inf.irmrd, lorn in 1H22 or 1S23, and
eras therefore in his VI or With yar The
writiw bas oranc recollection of Ids early
days, when as a gladsome, happy school hoy
Ini ntailo ail sunshine arouml him—witli his
morry, henrly, manly gambols and ringing
With several dit:inguishod attendants, nnm
Irering in all 150, makes headquarters at the
Carrollton, and Governor Hodman, Fernan
do Worn), S. 8. Cox, General John Cochrane,
Hon. James limoka, Thomas Creamer, Colo
nel Dunlap, Norman E. Davis, W. A. Fowler,
John Fox, IV. H. Grenelio, J. U. McGee, IL
R. Richmond, IL W. Richmond, J. 8.Thayer,
William Williams, and Nelson W. Young
have engaged its most superb parlore-Nos
188, IKS. and 140—for consultation rooms,
and each one of them has also a private par
lor, and Governor Hoffman has two—Nua.
113 and 115. August Belmont and a few of
bis friends will stay at the Mount Vernon
Hotel.
Governor Randolph and the New Jersey
delegation will dine at the Carrollton, having
liarnum and the entile Connecticut
ilelcgatkm, consultation room SOP. Am ana
Sprague and bis delegation from Rhode Is-
llis manbrss.’s fruits were of that charac
ter uf which the early Messnar of boylusHl
gave promise, lir.ive, frank truthful, honest
ami candid; yet at thu same time dis
criminating and fair. He was one
whose fricmMiip waa worth seeking
ami wheae op|s«itiun it wa4 (rrudent u> cal-
culale the alrrogth of lirfore provoking it.
tksiie tiinn after coining to thu bar li-a
oorinty win Idm to the Legislature, ns now
raeoilected, where he served one ‘term as
Senator. lie then mured to tls: county of
Hancock, where be married the dangliter of
thu late lion. Jam.h Thomas, a lady of great
prvnonal attractions and many accomplisli-
nionla. With this Indy lie lived tmlil her
death. In great hap|Hncm, engaging actively
in the practice of law and tbr .wing all the
fervency of varmwt motive into his liusiness
and into the nFive. (a.liiiral struggles and
enntruveraka which oiislnl previous to the
war. Tie death of this amlahle lady left n
tcrrihl* void in (he heart and sentiments of
hie whnlo-s<*dcd and cnnllilirg natnre.it-.ving
him for many innntlst In an iunctive, listless
crualitinn, entailing a nettled ghsrm and
melancholy frntn which it waa almost im-
(MMsihhr to anstao him. It was a Mow from
which he never fully recovered. The good
(sarpleuf llanrock, iry wlium Judge Steph
ens waa always murh loved ami hnnnnal,
ssnt him Ur the Legislature ns often as he.
drained to he their representative.
It waa daring the lint hum of Governor
Joseph K. Brown’s administration Judge
Stephens was placed kpon the bench of the
Hepremo Court, -where bis decisions wen-
marked by llutt nervous and penetrating as-
tutennw for which his mental habits were al
ways distinguished. An earnest inquirer after
and a devoted lover of truth, he wmal. with a
fervent constancy, ami adhered to principle
with a persistant firmness which gave great
attraction to bis opiidoui and the solid
weight of conviction to his arguments.
Intellectually Judge Stephens was a large
man, hat little if any inferior to bis more
extensively known and more ambitious broth
er. Ho waa all times an (qqsincnt whose meaa-
nre it waa hard hr take, aud whose abilities
were meat keenly felt Iry the ablest with whom
he came In contact- Ho waa an honest man.
and his mistakes, if any, wore made in what
he considered the stern pursuit of principle
andean unbending regard to the very right.
Had ho lived in the times of John Brad
shaw, he might have mt at the Connell board
where a King was tried and:condemned, for
he regarded crime as without rank and a
criminal aa the facts made him.
Of hit own native land, Georgia—his loved,
his honored State—his love was of a never
doubting, a never hesitating kind, and
whether in the right or in the wrong, where
the ensign of her aovcrcighnty waved be waa
always near the staff which supported it
When Thomaa W. Thomas made up a reg
intent for Virginia in the fiercest days of our
recent war, his friend Linton was by his
ride as Lisa tenant Colonel. The service was
to both of them physically trying and severe,
prostrating them, and ultimately sending
poor Thomas to Us long account, and leav
ing Colonel Stephens in a greatly shattered
condition, and front which be never fully
ntm jackAon, «mMi cockt rctujsTm 1
Nww Turk Hemld.J ^
The Resident CummiUeu Takes ftwrowro n«owr mu tub am*Tnr*fo« *r
, . *'"* ' J *rrtll-f*wvu ,mw> : naver ..nwaww ».non wmm.lws. I
charge of tbe theater for tbe xmst of llw
renljoii, and ban fully done its work.
MOW Til V DELEOATl'tts WILL «‘IT.
The scats in Ford’s theater bare bu n nl-
Ktpseiu csi kt sr ucoaoii
LHK ml in ^Allantti^TuemUry, July U. 1872. Hare bra riven by U»o Court «jf
the land, and vest the same in the defendant I Hsydeo Uu Ait’S vs. John B. Courwy. In-
as a pun-tiaser thereof at the administrator'* junction-md Bdl for New Trial, from
sale. The Act of 1833 also declares that
forty days public notice of the sale of U»
t Ordinary lo wdl it The pretended older
for tlie aaie of the land offered In eTMlencuin
ready diolriUiled among the titale deiego-
ed to
tious, and a plan of the theater prepai
put the arrangement within the cxsn[>re!)i n
lion of every delegate. Maryland, with her
sixteen dek-gab-s, site in the extreme rear,
furtbrat of all (rum the stage, behind even
Uie eight terrilorit*, which, with their two
dcicqaUa apiece, ait in front of h<T, flanked
by Llab’a twu votes awl Nevada's six. Tbe
front row of seats immediately under tbe
stage, in the parquet!e, will be occupioi, <m
the right howl uf Urn President, by Maine,
with her fourteen rotes, and IsmtsUna. with
her sixteen, on the President's left. Next
behind comes Arkansas, with twclre dele-
gates; Michigan, with ten and Hbralo Island,
with eight. In the third row will sit Missis
sippi, with sixteen rotes ; Connecticut, with
twelve, and titu District of Columbia, witli
two. Next behind, awl quite acruss the uiid-
die of the paruuelte, wilt ho MmaiNiri, with
— votes; Maraacfausells, with twenty
thirty , _ ^
twu; Indiana with thirty; N»rtli Carolina,
with twenty; awl finally. In tnc rear of the
parquetie, onder the eaves uf the gallery,
will he West Virginia, with U-n rules; Geer
gia, with Iwctily-two, and Illtuuis, with forty-
two.
The seals hi Ibe parquetie circle, which are
not su gowi, I sit still afford a fair view uf tlie
stage, will he occupksl, in thu front row, hy
Nittsr Vasrlr'ta umsMiIii ili.lumtaa . ininw,ILl..l„
New York'a auvculy <l(J«gates; inmietliattly
IjcbioU Penusylvama’a fifiy-ci^ht, ami then,
continuing back on tbe right hand eido to
ward tbe rear, will lie Kamuui,wiib ten; Wi*
cousin, with twenty-two; Iowa, with twcu-
ly-two; Miehi^nu, with twenty-two; Nebras
ka, with »is, and Minnesota, with ten.
On tbo left Load side of the main aUIo, tbe
front row of ttieparriuettodiclo will lie tilled
with Delawikrc'a six votes, Florida's eight,
ami Alabama's twenty. Next behind, on Ibe
name Hide, come Tennessee’s twenty-four and
Kentucky’s twenty-four. Behind Tennessee
will be Ohio’s forty-four, and behind Ken
lucky California’s twelve. New Jersey's
eighteen, tiic sixteeu voted of Texas, and tbo
six of Oregon.
To make tbe matter of delegates’ seats
more distinct small banners will be placed
in the part of tbo bouse where each delega
tion is to be, bearing the coat-of-arum of tbe
Slate so located and tbe name of tbe State
in full.
WHEUK TII8 DEI.K0ATIOXS WILL STOP.
Nearly every State delegation has secured
its quarters, and tbe various hotels where
they are to stop are making active prepara
tions for their care. Tbo Carrollton, Uie
new and gorgeous hotel on tbe corner of Bal
timore and Light streets, will be tbu great
place of resort for tbe more distinguished
delegates aud delegations, and press head
quarters lias also been estahlislHxl there; and
tbe representatives of nil tbe drsl-cla<w Jour
nals, from tbo Herald down, have engaged
from oner to a half dozen of Its Iwet apart
ments.
TUB NEW YOKE DELBOATIOK,
and sat is ned. In consideration of tbuagreo-
uiMit, Field and bis wife Levada convoyed
Uie lot of bind to Burnsides in fee simple,
and declared that it was a conditional deed
anil not a mortgage, and becomes alwoluto
upon Uie nonpayment of the sum of money
due on said Judgments at tlie time specified,
and that Burnsides has tlie right to enter and
take poHficaskm of said lot of land at tbo ex
piration of tbe time. Tbo agreement lad ween
OTUBIl DISTLKOLItnrBD BMOAOEMBNT8.
land will have fine tmarters there, headqnar-
. — ... ....
tern at parlor 20U. Lx Governor Bigler, fr »m
Pennsylvania, will head a list uf twenty from
that State delegation tliat will have headquar
ters there. General D. M. Barringer, of
North Carolina, heads tbe dub-gallon of thirty
fmm that Blau*, that will have quarters at the
Carrollton, with par««r 117 as Headquarters
Tbe delegation from New Hampshire will
have boauquarhTM at the i*atue hotel, parlor
:C9. The Vermont ddegotiou will bo Umm
also, with parlor 423 aa ita headquarter*.
Tbo Missouri di legal ion have spread them
selves in good quarters, and obtained Uie bnst
in tbe cky.. They come ou in great strengUi
to work for (Jreoky and Browu, aud have
ongagisl as headquarters parlors A and B of
tlie Carrollton, the largest in the bouse.
Frank t*. Blair, will nncoinpany them: Tbe
Alalmma delegation, bended by Hon. P. M.
Dux, will alao stop at this hotel, and have
headquarters at parlor 513. A delegation of
fifhvm prominent gentlemen fnmi Louisville,
Ky., who come ou to iHdpget upentbiiaiasiu,
will als4> stop at tlie Carrollton. Tbe Maine
drlrgnt ton will also live there, having (wrlor
4W as bi-ndquartcrs. lion. Kugcno Cassnrly
beads tbo California deb-galbm, which will
domicile at tbe Carrollton, having parlor C
as headquarters. The Arkansas delegation
will stop there; os also the South Carolina
dclegaUon.
The New York delegation and its attend
ants have secured the greater part of Uie
Carrollton’s best nann*, nearly every gouUe-
mnn of promiuecc having besides a fine sleep
ing ap:irtmcut, a superb parlor—some of
them two.
At Baniura’e tbo array of delegation* and
iiftlmguiiiliod individuals is also great. W. C.
Cornier, II. W. Genet, Judge Bcolt, J. P. Ban
ders, W. IL Uuuicy, and Licutanant Gover
nor Allen C. Beach, of New York, have en
gaged elegant quarters Uicru, and tbe irre
pressible George Francis Train will alao stay
there. Tbo Pennsylvania delegation make
that hotel its headquarters, as does ez-Bcna-
tor Cowan and several distinguished gentle
men from that State. Kx-Scuaior !><>o!iuk'
and the euUro Wbavnrun dckgoliou bare alto
taken quarters tberu. lion, lleniy G. Davis,
Uuited 8Vales Benator from West Virginia,
one of Grudqr'a Urmcsl and ablest support
ers, has engaged elegant quarters at thu bo
ld, and tbe entire delegation from that Blatc
ill stop there.
othbm Hotels.
Tbe Tennessee dvlegat on, Michigan dele
gation, Louisiana delcgauon, Indiana delega
tion. Kentucky dclegolkm, Mowacbuneita
delegation, Ohio dek^alion and Mississippi
have all engaged quaitcramt Born urn’s, and
each will have a parlor, as headquarters, as
signed them next week. At the Eutaw
House, the Texas and Nebraska delegations
are the only ones registered, bat a largo num
ber uf private individuals have engaged
rooms them At the SL Clair, the Americas
Club of lliiladdphia, numbering 150, with
a band of music, has engaged quarters.
Tbo Virginia delegation will also stop at
this hotel, and have One headquarters there,
where its thousand attendants who come to
shoot for Greeley can gather from their hum
bler retreats in the various parts of the city
wherever they can find a place to get shelter.
Governor Walker, of Virginia, and ex-Attor
ney-General J. 8. Black have also fine quar
ters at this home, and it will bo the head
quarters of the German Democrats, who are
to meet hero on the 7th. At tbe Maltby
House the Kansas delegation will stop, and
portions of the larger delegations who have
headquarters at the larger * *
r holds.
Uis devotion as a friend was truly Roman
in its manhood, and bad all the gentle traces
of sweet and gracious womanhood in its
ready appreciation, trusting confidence ~ a
onfaltering faiihfolnea*.
The luve of David and Jonathan has long
mellowed the light of history with its gener
ous glow, but it could not have been more
constant, tried and true than that which ex-
feted between himself and his brother **FJ-
lick.” He watched hfe brother—the temper
of his^nlnd. his mental processes, bis course
of study, his manner of dealing with the
greatest as well os the smallest concerned of
life with an earnest, truthful interest, which it
was creditable to a brotherhood which ex
isted by no common band.
It was a large reword to meet his brother’s
approval, and no small mat hr of discourage
ment to soeounter his opposition. They
arldum differed. Theirs was a life of trait?
of sentiment and purpose rarely witnessed.
Bat we forbear—it will doubtless be
milted to an abler pen than canto do justice
to the separate merits of the life and charac
ter of Judge Stephens.
Georgia at this time con ill afford to spare
hb eminent ability and sterling honesty.
Tub Vital Drain.—It is necessary to
the health of the body that its exhaust
ed and refused particles should bo
carried off by tbe excretory organa, and it
fe equally necessary that the waste matter
thus expelled should be replaced by new ele
ments derived from digested and assimilated
food. It is evident, therefore, that good di
gestion and perfect assimination are essen
tial to bodily vigor; and it fe because Hos
teller’s Stomach Bitten powerfully assist
these processes, that it is regarded by the in-
tehigent classes, whose opinions ore founded
on observation, as tbe only absolute specific
for dfepepaia and its attendant ills, at present
known. When tbe system, either from con
stitutional causes, overwork, excess, anxiety,
or actual disease, fe in an unnaturally
relaxed condition, something more than
its exhausted particles passes through tbe
J. C. and Susan J. Clarke va. J. M. Thurmond.
Equity, from Lumpkin.
WARNER, C.J.
This was a bill filed l»y. the complainant
against the defendant* to set aside an award.
The defendants demurred to the bill, which
the Court overruled, and Hie dt-fcndaiit* ex
cepted. Tlie award of the arbitrator* was
made tbe judgment of tbe Hu furrier Court,
and, according to the rqvwted ruling* of this
Court, ibe allrgati^iu) in Ibe complainant’:
hill are not sufficient lo anlt>orizc » Oairt o!
Equity to interfere and set n*id« tin* jmlg-
menL Let tbe judgment of Ibt* Court below
lie reversed.
R. A. Quilliaii for plaintiffs in ern*r.
Wier Boyd for defendant.
Kj«ft-
4. W. Burnside vs. Bird Terry, of. al.
merit. New Trial, from Hall.
WARNER, C. J.
This was an action of ejectment brought
by the plaintiff aipdriMl tbe dcftiubnit* to re
cover tbe (Mwacssion of lot of land number
forty, in the 10th district of llall county.
On the trial of the cu*e, the jury found a ver
dict for tlie plaintiff. A motion was made for
a new trial on the several grounds sjwififd
In tbe record. The Court granted Uie new
trial, whereupon tbe plaintiff excepted. Tbe
plaintiff claimed a title to tbu land under a
of Aiuil, t*G9, to him, aa set forth
record, and one of the question* neulo on Uie
motion for a new trirU was, whether this
deed, according to its legal effect, was a con
ditional dual conveying a title to Uie land, or
a mortgage. A mortgage in this statu is i »nly
a 'security for a debt and pauses no Utle.
No iiorticular form is necessary to constitute
a mortgage, but it must clearly indicate Uio
creation of a lien, specify the debt, to secure
wbicb it is given, and tbo property upon
which It into take»fleet. Code TJ44, 1515.
A contract may be absolute or conditional.
Tbo classification of any contract must de
pend upon a rational iulcrpcfttnUnn of Urn in
tention of tbe parties. Code 2070. li is
recited In tho deed, that Burnside, tbu
plainUff, liehl in bis own right judg
ments against Field, one of Uio defendants,
amounting to tbe sum of three thousand dol
lars, ami that Field bail obtained the lienefit
of the homestead law upon bis real pro|>erty
to which Burnsides filed no objections, upon
Uie following agreement: that if Field did
not pay the money due on the Judgments on
or before tbe 1st day of January, 1871, then
tbe lot of land numlier forty iu tho 10th dis
trict, valned at one lliousaud dollars, is to ho
the right and property of said Burnsides bis
heirs and assigns forever in fee simple, and
tbb case is dated 4lh of November, 188L
and tbe sale took place on the first Tuesday
in December, 18C1—twenty-nine days only
after tbe pretended order of tbe Court bears
dap*. Tbo deed mode by tbe adminisPaPir
P> tbe defendant recites that leave to sell tbe
land was granted In November last post lie-
fore the making and delivery of Uie deed to
him on tbe 3d day of December, DC1, so
that tbo defendant bail nodes on the face of
bis deed that the requirement of tbb law, in
that particular at least, had not been com
piled with so as P> make it a legal and valid
sale. Although Uie minor heirs of the intes
tate may have had a guardian, and that guar
dian may have receipted to tbe administra
tor for their proceeds of the ssIC of tbe land
without uuy knowledge of the illegality of
the sale, as tlie evkh ucc iu tbu record shows,
they were not esp>|*ned from asserting their
claim to flic laml when they obtained a
knowledge of such illegal Bale, and it was
error in the Court to charge Uie Jury that they
were estopped. Estoppels are not generally
favored by the courts, and it would be a very
harsh rule to establish that tbe minor heirs in
Uiis cose were estopped, when their guardian
bad no kuowlcdgu of tbo illegnllily of the
sale of the laud. But in elecUng to set aside
the sale, they must account for what they
Imve received from.the sale of tbo land; they
cannot have Uie feud and retain tbe proceeds
of the sale thereof. Let tbe judgment of l lw
Court below be reversed and » now trial or
dered. -
A. T. McIntyre, Mnntur & lleCnll, James
L. Reward, for plaintiffs ia error.
Hansell & Hansell, II. G Turner, 8. 8.
Kingsbury, for defendsnL
John M. Kendall and G. K Collins vs.
Mary Dow. Injunction, from Dougherty.
WARNER, C. J.
This was a bill filed by tbe complainant
ns the sole heir at law of John M. Dow,
against tbe defendant, praying for an injunc
tion to restrain the sale of twenty-six lots of
land in tho county of MUchrll, which bad
been levied on as Uie property of Cbecver P»
satisfy a judgment obtained in favor of Ken-
<1.11 va fllioovnr tirann* uaitHinn
Uie said judgments to be considered paid off
dall vs. Clicever. After hearing tho ]tartics
on a rule to show cause tbe Courtigrantcd the
injunction prayed for lu complainant’s bill;
wuereupon the defendant excepted. It ap
pears from the record in this esse, Hint prior
to Uie 11th day of August, 1870, that Ked-
dall, tbe defendant, bad obtained a common
law judgment against tho administrator of
Win. W. Ubcevcr, which bound tbe property
of said Cbeover for tho payment thereof, in
cluding Uio lands now levied onto the county
of Mitchell, which lands had been convoyed
to Dow, tbu complainant’s intes nto,by Win.
W. Ohccver, in bis lifetime, for a valuable
caasideration. On Ui« Uthdnyot' August,
the parlies was, that the judgments bold by
*' ... 0 f.
Burnsides, amounting to three thousand del
lorn, should be paid off and discharged by
conveying ibu lot of la<*l worth one thousand
dollars, aud if the $>000 00 was not paid by
the 1st January, 1871, tbe land Monged to
Burnsides, and the debt of three
thousand dollars was paid off and ex
tinguished. Buck was Uie contract and
intention of the parties as manifested ly tbe
deed and the recitals therein. Tbe $3,000 00
was not paid by Fields at tbe time stipulated,
aud tbe result was by the terms of Uie d«H*l
that tbe land liecamc the property of Burn
sides, and Fields* debt due to Burnsides of
$3,000 00 was iiaid off and extinguished by
tlie conveyance of the lot of laud, worth
$1,000. fn our judgment this was a deed
conveying tbe land upon a condition subso-
finent, and not a mortgage, according to tlie
declared intention of the parties. (Code
2268-2273.) Whether this agreement between
Fields and Burnsides operated as a fraud
upon Uie other creditors of Fields, wo ex
press no opinion, an they, nor the character
of their claims, are not now 1m-fore us. An
other ground of error assigmul is that tbo
deed of Fields and bis wifo to Burnsides for
tl*o lot of land in controversy was approved
by W. A. Burnsides, tbe < Ordinary, who was
tbe brother of James W. Burnsides, the
grantee iu the deed,that lie was iucouipotent
to do so on account of 7ns rcfelionsbip to one
of the parties, and that Mrs. Field/ was not
1870, Messrs. Hines A Hobbs, the nttorney*
of John M. Dow, ct al., and Messrs. Vason
& Davis, tbe attorneys of Kendal J, entered
into a written agreement for the settlement
aud adjustment of Uie claims of the re
spective parties represented by them as
Attorneys at Law, in tbe case stated.
Tbe preamble to tho agreement recites,
after stating tbu case rf John M. Ken
dall vs. William W. Checvcr, complaint in
Dougherty Superior Court, that ‘•Whereas,
the plaintiff in the above stated caso heretofore
to-wit,attbo — term 185 — of tbe Superior
Court of Dougherty county, obtained a Judg
ment at common law against said W. W.
Cbocvur. on which Judgment an app<*al was
entered by said defendant, which is still tiend-
iu£ in said court; and, whereas, Uie lien of
said a>mmon law Judgment is supposed to
bind certain property hereinafter set forth.”
Tbe agreement then provides tlmt in con
sideration of the payment of $1,000, that tho
plaintiff may take a verdict for the amount
of Uie last verdict obtained in said cause, or
dismiss Uie appeal aa plaintiffs’ counsel may
sco fit. In consideration of tbe payment of
$1,000, to bo raised and paid as stipulated in
Uie agreement to said plainUfi *s attorneys,
Uie said lien of said judgment Hindi lw for
ever released and satisfied on the following
iropurty, to-wit: all that projierty conveyed
iy W. W. Oheever to Thomaa 8. Metcalf by
deed wbicli is of record In the Clerk’s office
in Dougherty Siqierior Court, city lots 43, 44
and>84, on Broad Htreet. Albany, Ga., and
those lots convoyed by W. W. Ohervcr and
C. U. Farmalco to John M. Dow, all of
whidi said deeds are of record. 'I'hc ques
tion in dispute between the parti«w is
wheUicr by a fair construction of this
agreement it was tbe intention of the parlies
to it, that the Hen of KendalI’h Judgment
til/1 nWITUlMw Zif UT "VIT i ‘luuiun. arv
present at Ibe time of such approval hy the
Ordinary. Tlie 103d section or die Code de
clares that “No Judge or Justice of any
Court, no Ordiuary, Justice of tbo Peace
nor presiding officer of any inferior
judicature, or coininbvion, can 'sit in any
cause ot proceeding in which lie is jwcuniarly
interested, or related to either party within
the fourth degrou of coiisanguinity or nffin-
ily.” Tbo property set apart under Uie
homestead Act is declared to lie for the use
of Uio wife or widow, and children, during
her life or widowbiMid, and at her death or
marriage to 1« iqiially divided between tbe
children of her fonner marriago, then living.
(Hit w-ction 12th, Act 1468.) 'I he wife and
children are* Uie principal beniflciarioH under
the huiin stead Act. The homestead pro{ierty
sot apart as such, cannot bo alieuated by tbe
husband, but may be sold by him and bis
wife joiuUy, with Uie approval of the Ordi
nary. The approval of the Ordinary U re
quired for the protection of thu wife and
all cases Uint Um wife’s consent in fr*dy and
voluntarily given, nml Uint tbu safe will bu
for Uie benefit of Uie wifu and children.
Under tho pruvisioas of oar Code the wife
cannot biud her separate estate by a contract
to pay her husband’* debts, nor hy a sale
of her separate estate to a creditor-of
her hushaml in cxtii;gumhincnt of bis debts.
Code 1773. Tbe same reasons would seem to
bu applicable to the sole uf thu homestead in
xtiugnisbment of the huslmnd’s debts. In
this case tbo wife joined with her husband in
appears from tbo evidence in tbo record, the
wife not being present at the time of the ap
provul and consenting thereto. In our Judg
ment, tbe deed was invalid because it was ap
proved by the Ordinary who was related to
one of the parties to it, within tbo degree of
consanguinity prohibited by Uie Code; and
that the new trial should have been granted
on that ground.
Let the judgment of Uie Court brtow
granting & new trial be affirmed.
Wier lfciyd, R. A. Qaillian, for plaintiff in
Geoige D. Rice, J. N. Dorsey, for defend
Equl-
Nancy Grover ot aL vs. James King.
ly. from Brooks.
WARNER, C. J.
This was a bill filed by the complainants
against tbe defendant, to set aside a sale of
certain described lands purchased by tbe de
fendant at an administrator’s sale on tbo 8d
day December, 1861. Onthetrialof thecasc,
the jury found a verdict for Uie defendant
A motion was made for a new trial on tbe
several grounds specified in the record.
Tbe Court overruled the motion, and the
complainants excepted. Whether the letters
of administration of Kemp offered in evi
dence which were issued to him by tbe Or
dinary upon the resignation of Rushing,
could be ecOaterdUy attacked upon tbe
grond set forth in the 4tb assignment of error,
pores. Vitality leaks through these ventured
which should remain in the blood.
Ann E. Lowiy vs. E. 1*. Williams, adiulnl*
trator. Ini unction, from White.
MONTGOMERY, J.
The discretion of tho court below In grant
ing or refusing an injunction will not be in-
terferred with unless it has been manifestcdly
abused.
In Uiis caso tho remedy of Uio complainant
for the grievances complained of. Is ample at
law.
Judgment nfflrmod.
Cobu, Irwiu & Cobb, represented by tbo
Ibqiorlor, for pfeintiff In error.
G. McMillan,'for tlefumlaut. •
J. T. Dasher vxl Virgil F. Dasher. Motion to
vacate jtvjgmcnt, from Lowndes.
MONTGOMERY, J.
The ontiy of aerviec on a suit hy the
Sheriff is not ctnclusive of such service, but
may bo truverxed by the defendant at the fir»t
term after notici of such entry is hail liy him
and before pleading to the merits. Code
—ction 3264. t
Judgment ronraod.
Whittle & Mtrgnn, for plaintiff in error.
No apiioaranoii for defendant.
against the property of W. W. Checvcr in
consideration of Uio payment to liiiu of one
thousand dollars, should be released aud
satisfied as to all tho lots of land conveyed
by W. W. Chcevor by deed to John M. Dow
(including the lands in Mitchell county) or
wheUicr it was Uie intention of tin* parlies to
relinquish the lien of KendaH’s judgment,
only to such lots of land as had Inx'd jointly
conveyed by Checvcr and l arnialee to Dow.
On the bearing of the motion for injunction
veral affidavits wore read in evidence to the
Court, including tbo afildavits of tho attor
neys who made the agreement, as to what
was the meaning.placed on the contract by
the parties and understood by them, at the
time it wn* made under Uie provisions of the
2714tii section of the Code. Upon this point
in the cose, the evidence i* conflicting. It was
manifestly the intention of tlie parlies to re
lease and satisfy tlie plaintiff** judgment lien
on Ohecver’s property, and the worils of the
agreement are br«*ad enough to cover all the
lots of fend conveyed by Chcevor to Dow by
deed* then of record, a* well ns all the lots
children; and this is not only a proceeding conveyed by Fannalee to Dow by deeds of
before the. Ordinary, but is an important record, unless it was the Intention aud
function wbicb be is requested to jierfonu in undersUndiug of the parties at the time
the exercise: of bis Judgment as a ludicud tlmt Uie release of the lien of the plaintiffs
officer, and he ought to be clearly sat Plied in udgimul should only extend to such lots of
anti as were conveyed jointly by Oheever
and Panualce to Dow. - Pannaleo does not
appear to have been a party to the suit whidi
was the culgccl matter of tbe sctUcmcnt.
The subject matter of the settlement wiw Um
release and satisfaction of tlie plaintiff’s
judgment Hen against Uie property conveyed
jy Ciieever; and if it wo* the intention and
nnder»Unding of the parties to the agree
ment that the relinquishment of the plain
tiff's judgment lien should be restricted and
confined only to such lots of land as were
selling a part of Uie homestead in extinguish- jointly conveyed by Oheever and Panialeo.
uicnt of the judgment debts of her husliand that is a question of evidence which should
and if the homestead is to be held good as be submitted to the jury on tho final hearing
against tbe pre-existing debts of the husband of the cause. In our judgment the words
tlie Ordinary should not have approved the of the agreement, when considered iu rela-
•alo of the land for that purpose. The Or- tion to the subject matter of it, do not neces-
dinary who apjirovcd the sale was Uie brother manly require the construction insisted on by
of the party to whom the sole was made as Uie plaintiff in error. In view of the stato-
Laiiremi
McCAY, J.
1. In a motion for a now trial, on tbo
ground of newly discovered evklt-oc**, the
evidence is n*' t cumulative if it refers to a
material issue not mode at the trial, cither by
the pleading* or the evidence. -
2. When ala**: was dismissed in tills Court
for want of prosecution, vuid it appeared in a
bill tiled (n the Court below for
ucw trial that tbe plaintiff's coun
sel hid beeo misled by n statement
of the defendant’s counsel, to the effect
that under tbo rules of this Court the caso
would bo put at the heel of tho whole
docket, on agreement of counstd, and at Uio
request of said defendant’s counsel and solely
for his convenience, he h&d so agreed anil
hail, in consequence, not appeared at tho
calling of Uio case, all of which was admit
ted by said defendant’s counsel who assumed
the whole blame of the non-appearance, ami
admitted Umt tbe plaintiff was in no lachcss.
if eld, That, as Uie motion for a new trial
waa meritorious, and thu fault of Its miscar
riage was witli the defendant In error hy hi*
own mlmis*io*i, the Court should havo sanc
tioned the bill.
. Lyon, DeGfkffenreld & Irwin, Hansell «fc
Hansell, reprewmtod by li il. Hill, Jonathan
Rivers, for plaintiff in error.
No appeanqjce for defendant
BY TELEGRAPH.
adventitious. I am, perhaps, thcfoldo&t mem
body ; and a life of eighty years
NEWS F ICO ML BALTIMORE.
Full Detail* from tho National De
mocratic Convention.
Greeley and Drown the Non»t«iro«,
Owen Smith, felininistrator, vs. W. I). How
ell, i*t *1. tfeiuplaiut, from Lowndes.
McCAY, J.
Where, In a suit pending on a puimfe'ory
note dale*l bufero tho lsi of June, 180», it
HnjHsucd tliat the suit was in tho uaino of nq
a juiiuiatratofjtlmt a widow and minor chil
dren were the role distributees of tho ostato,
and that the nttc had lieen taken liy tho ad
ministrator ns part of the consideration of a
tract of land sold by him belonging to Uio
estate.
Held, Tlmt; primn fade, the note was duo
to Uie widow and minors, and within tho ex
ceptions to Uie Act of Octolier 13,1870, so
that the tux affidavit was uiiucoessary.
Judgnieut reversed.
Peeples & Biles, represontod liy C. Peeples,
A. II. Hansell, tor plaintiff in error
No appearance for defendants.
James A. Thomas vs. John B. Wolfe. Coin-
plnfet. from Lawrons.
MONTGOMERY, J.
1. Evidence tlmt a proml«;ory note, paya
ble “in any solvent notes” wus intendeil to
be drawn, payable in any solveul notes of u
particular estate) is immaterial. Proof that
tenddf, or payment. made in solvent
notes lielonging; to that estate would havo
tK-eu admissible^ to show defendant's com
pliance or rcadiicss to comply with bis con
tract as set ont by Uio plaintiff Hence tho
imposed ndditufi to U\o contract would not
j.'ivo strepgthc4od dofendutit’s case, and a
continuanco moiod for ou tho ground of tbe
atisenco of a witness by whom defendant
expeetctl to prow; tho prop4«isl addition was
properly refused,
Tbo «7lf«:r of ilcfendant to proved tbo same
fact by bia own Evidence was rightly rejected
for Uie s:uuo rea y»n.
2. A promissory note, payable “in any
solvent notes,” requires tenner or payment
in notes solvent &i tho time of such t«.'iider or
payment. *
Judgment amfruciir
R A. Stanley,; J. Rivers. ivpn#pnl«l by
Newman A Harris*»n, f*»r plaintiff in error.
E. P. Howel!&»r defendant.
Sjn-clnl to The CoOFUtation.l
Baltimore, Mo., July 0.—The' Georgia
officers of the Convention are General IL L.
Henning, Vice-President; Committees: Thos.
Hardeman, on organization; I. W. Avery, of
The Atlanta Constitution, on platform
G. 8. Black, on credentials.
The Georgia delegation has instructed its
committeeman on resolutions to press the
following ns its seulimtuts, if Greeley’s sup
port is determined upon:
Resolved by Uie National Democratic party t
That, while affirming its unchangeable fideli
ty to tho great principles ot Constitutional
Government for which it 1ms ho long been
tho champion, wo dtclare it inexpedient to
make any nomination, and recommend that
Uio full strength of tho Democracy bo thrown
to Mr. Grecloy, Uio candidate of the Liberal
Republicans.
The prospects are overwhelmingly for the
nominnti >n of Greeley and Uio adoption of
the Cincinnati platform—tbo South leading
on Uiat lino. L W. A
Baltimokk, Md , July 10.
Georgia voted against thu Cincinnati plat-
fonn except Bcunlng, Gray and 8|iau1ding.
On Uie first ballot Georgia voted for Gree
ley except Black, Rucker, Pottle ami Can
dler. The vote was made unanimous.
Hawkins is on tho committee to notify
Grceluy of liis nomination.
The enUiusiasm is tremendous ami. the be
lief in success strong.
The Georgians have stood staunchly to
Uieir ideas aud propoeo to stand to the party
and work for its success.
A13H0U1ATKD PUK8A DlllPATO/im
Baltimoub, Md., July 0.—Last evening
was devoted to meetings of Uie delegations
for organization and to speech making at
several places in the city. Tho principal
hotels are densely packed and private houses
are o[>en to ivrsonal friends.
Tho situation ut midnight was unchanged.
Evidently a large majority are In favor of a
nomination, though it Is still tho paramount
theme.
Mr. Lamboll.of Louisiana, witli six friends,
bolted tho bolters* preliminary meeting yes
terday. Louisiana, Colorado, Minnossota,
Nevada, New Jersey, aud Oregon were not
reprc*cut!*d in the meeting.
Iu tho National Committee yesterday, Uie
Pennsylvania delegation couiproinise«l by the
following resolution:
Ibwolved, That the chairman lie instructed
to cast tho vote of this delegation for u candi
date for President and Vice-President, as oac.li
delegate shall direct, and bo lie authorized
when two-thirds of tho Convention shall have
voiod for a candidate in the name of the
united delegation to move to make such
nomination uunnimous.
Tho Georgia delegation is unanimous for
Greeley, with some im-dificntions :uid addi
tions to tho Cincinnati plnlform.
Tho Ioui8iana delegation 1ms but one
straight out nomination man, but he will
meat of facts alleged in the complainant’s
bill, her remedy in a Court of Law would not
be as adequate and complo as in a Court of
Equity—it will prevent a multiplicity of
suits by quieting the title to a number of
lots of land by one final dccreo, and remove
a cloud from her title, if tho allegation* in
berbill he true. Let tho Judgment of the Court
below bo affirmed.
R. N. Sly, Vason A Davis,: for plaintiffs in
emir.
Ilines A Holibs^G. J. Wright, for depen
dent —
8. M. McOonnel and 8. Lovinggood v*. Joseph
T. Hamilton, litre facias, from Cherokee.
McCAY, J.
Tho Act of October 13th, 1870, requiring
an affidavit of all taxes paid in pending suits
on certain contracts, applies as well to pro-
W. R. D'jdgeu v* K. J. & R. A Camp, ad
ministrators. Awunq*ii, from Milton.
MONTGOMERY, J.
Where a paro contract is made for the
purchase of land, to lw jmid for by instal
ment*, and tho pWrehaser enters into po«m*H-
sion under tho contract, witli a stipulation
that if he should.Tail to pay thu first instal
ment when it ta^amo due, then he was to
my fifty dollars a* 1 ’rout, (for which bo gave
iis nolo nt the time lie went into possession.)
but if he |uvid tlid^lmtnbnents promptly, then
no rent’ was to be ^luirgod, but bis note was
to be considered aS'frr a part of tbo purchase
money ; and the vendor died before tbo first
payment fell due; whcreiifion bis adminis
trators, on tender of ; payment at the time ap
pointed, refuse to accept the money
as payment on tho coutrnct and
afterwards rent file laud at public
outcry, to the uurcliaocr, and receive
fifty dollars from msi, subject to future ad
justment between them, and subsequently
received from him. -through their attorney,
fifty dollars and fifty cents, also to bo ac
counted* for,} and Uio administrator finally
conclude not to carry out the parol agree
ment of Uieir intestate for the sale of tho
bind, bul sell it at admiiiislralor’s sale to tho
8atuo purchaser, mid require full payment of
him, without alfewincfmy credit on thopur-
chaso money, of "the dLmounts paid lwforc ibe
adminislnitor** rofoinbig the whole of it
a* not Jor tlm occupflAcy of tho land from
the time purchaser went into possession, un
der tlie parol contract of solo, until thond-
rainistrator’s sale; tho purchaser is entitiod
to recover bock the amount of his note given
under tho parol contract of sale. The pur
chaser having gone into possession un
der tbo jwirol agreement, and given his
note for fifty dollars, to be treated as
part of tlie purchase money upon condition,
and lie having complied with the condition re
quired, the vendor, <tf hi* roprosentaves, must
comply with thu contract or repudiate it en
tirely. Aud if they repudiate it entirely, it
would bo a fraud upon the purchaser, who
went into tho possession under tho parol
agreement to buy to hold, 1dm liable for tbo
rend of land, which ho might, perhaps,
never have consented to occupy, Ixit for the
prospect of purchase held out to him. The
HitpiHirl Greeley if the Convention nominates
him.
The Mfridnslppi dehgatkm has resolved to
«toincidu with the majorily of the Conven
tion, whatever its action may lie.
Delaware will vote from first lo lust for a
straight Democrat.
In calling the con vent iou to order, Air. Bel
mont pud:
Gentlemen of the Convention: It is again
my privib-ge lo welcome the delegatus of the
National Democracy, who have met in order
to present to the American people the enmli-
dntoH for President and Vice President, for
whom ttiey solicit the suffrages of the Dem
ocratic and Conservative party of this great
Republic.
At our lost National Convention on tlie
4th July, 1868, l predicted that the election
of Gen. Grant would result in the gradual
usurpation of all the functions of the gov
ernment by the Executive And by Congress
to lie enforced by tho bayonets of a military
despotism. The vast majority of the people
of the Unites I States have witnessed with
grief and sorrow tho correctness of that pre
diction, and they look forward with fear and
apprehension to tlie dangers wbicb arc threat
ening us. If by Ibe re-election of Gen-
ral Grant tho policy thus far pursued
by the Radical pnrtv will fe- continued. The
thinking men of both parlies have become
alive to Uio fact that wo arc now living under
a military despotism, over-riding tin- civil
authorities iu many Htatcs of the. Union;
that by the enactment of arbitrary and un
constitutional laws, through a depraved ma
jority in Congnss, the rights of tiiese Htatcs
arc infringed aud trampled ujsin; and that
Cacsarism and centralism are undermining
the very foundations of our Federal system,
sweeping away tho constitutional bulwarks
erected by the wisdom of*the fathers of the
Republic. These abuses have become so
suit* proceeding on such
debts in the ordinary way.
Judgment reversed.
Lester A Thomson for plaintfgs in error.
No appearance for defendant.
Y» ARNER.0. J., dissenting.
J. M. Montgomery and R. M. Mcroncy, exec
utors, vs. J. W. A 8. W. Pruitt, et al.
McCAY. J.
Itfe not necessary that .the declaration
shall affirmatively show a case to be within
the exceptions mentioned in tho 14th section
this Court fe not prepared to deliver an unon^ of tijo Act of October 13Ui, 1870, to excuse
imous judgment, and w
administrators, however, are entitiod to re
tain Uio amount of tho rent duo under their
contract of rent with the plaintiff
This not being a suit to enforce a contract,
one of tbe parties to which was dead, bat an
iudebitatus assumpsit to recover back money
Iiaid to tho administrate!
. irsou.the contract, on
account of their repudiation of it, that con
tract not being in issuo or os trial, tbe sur
viving party to it was a competent witness
in bis own favor in the present suit.
3. Tho jury having found for tho plaintiff
thu whole amount sued for, to wit: $1X0 55,
not allowing the administrators anything for
rent onder their contract of rent for 1865,
Uie judgment of tho Court granting a now
trial is reversed upon condition tliat the plain
tiff will write off all of s*'d verdict but the
amount of his note given to the intestate.
Judgment reversed.
H. P. Bell and Thomas L. Lewis for plain
tiff in orror.
No appearance for defendants,
publican i»arty have severed themselves
from Uie Radical wing, which fe trying to
fasleu upon Uio country auoUier four year’s
reign of corruption and despotism. And what
ever individual opinions we may eutertain us
to the character of tbe candidate whom they
have selected in opposition to Gen. Graut,
there can’t lie any doubt of tlio patriotic ‘
pulses which dictated Uieir action, nor
auy.fault bo fouud with tho platform of
principles upon which they have placed their
candidates. The resolutions of tlie Cincinnati
Convention are what tho country require,
and they must command the hearty supjMirt
of every patiot Urroughont the vast extent of
land. In the struggle which fe
berof this _ ^
spent in tho Democratic Republican party
constitutes me a senior inemlier. I remember
freshly every Presidential contest from
the first Section of Jefferson to the
present; and I can say with truth
that I remember no more which involved
higher questions ot personal liberty, local
self-goTcmmcnt, honest administration and
Constitutional freedom, than the present, or
the one which remains of our parly and our
people, a calmer or more earnest resource to
Presidential principles. It strikes me ns the
duties of this body and of this hour to wrest
the government from Uio hands of its present
dcfjKUic and corrupt holders and to ploco it
in honest hands, to restore to tho citizen
everywhere the proud consciousness of per
sonal right and to all the States a perfect in
tegrlty of local self-government * These
wiUi the recognition of tho supremacy of the
civil Constitution and the law will, in my
judgment, discharge all present duty.
srsEcnRS, enthusiasm and dixie.
Baltimore, Arn., July 9.—The Speaker’s
envoi was made from pieces of live oak from
the old frigate Constitution.
Reverdy Johnson appeared on the plat
form and was cheered.
A committee on credentials and organiza-
thc unhallowed purposes and shiftless policy
of the present government An allusion to
the prospective election of Greeley was re
ceived with great applause. As to the 15th
amendment, ho would bo tho last man to at
tempt to wrest from the four millions of
froedmen the right of suffrage. [Great ap
plause.]
Tho nays on ordering tbe previous ques
tion upon tho adoption of the report of the
Committee on Resolutions is *s follows:
Alabama, 10; Arkansas, 2; Delaware, 6
Florida, 2; Georgia, 21; Louisiana, 10;
Maryland, 3; Missouri, 4; Nevada, 6; New
Jersey. 18; Oregon, 0; Pennsylvania, 21;
South Carolina, 11; Texas, 10; Virginia, 23;
West Virginia, 2.
The nays upon tho adoption of the report
BeiinouUs remarks were frequently inter
rupted by moderate applause.
T icmtution of Grcclev’a name received
loud demonstrations of approval
The band played Dixie when Randolph
took tho seat n» temporary chairman.
[Cheers.]
Ills *i*cecli was delivered with much energy
and effectiveness considering that the speaker
is nearly an octogenarian, and was repeat
edly cheered. Rev. Henry Vfocr being nre-
Hcnt, addressed tlio throne of grace. The
rules of the former Democratic Convention
were -adopted. A resolution of thanks to
Belmont was adopted. Recess till 4 o’clock.
THE BEI.K NOMINATKI) ANTI-UUKKLKY DELE
OATES.
The anti-Greeley Democrats 0880111011*11
lietwcca twelve and one o'clock Uiis evening
at tiiu Maryland iustitutc. There were pres
ent aliout 100 persons.
When Uie 4*011 vcniion was call ill to order
by Air. Flanders, it was moved and seconded
that Uie preliminary arrangements made yes
terday for orgauiizution be temporarily con
tinued.
Van Allen called for tho rcailing of Uio
report aud name* of thu delegates.
WHAT THE FARCICAL CONVENTION l'ROIMBBS.
Blanton Duncan suggested that Uie com
milieu on the subject have further Unto, which
was agreed to.
W. II.'Murrell, of Louisville, said lie under
stood it was not tho object of Uiis Convcn-
tion to toko any definite action until it should
be ascertained what course lias been token
by tho Rnllimoro Convention, on the action
of which hinges somewhat what this conven
tion will do. This convention will acquiesce
in what is done hy the Baltimore Convention,
provided it adopt a Democratic platform and
nnminato Democratic candidates. If that
convention should fail to do so, Uiis conven
tion proposes to toko some steps for the pur-
>090 of continuing the organization of the
democratic party.
For Uie purpose of furthering tills object,
tlie speaker moved Uie appointment of a
committeoof seven to prepare an address to
the Democracy of Uie country.
Van Allen understanding Uie motion did
not include the making of a platform,
seconded tho motion; Umt tho creed of tbe
Democratic party'Was well known and esi»o-
cially to those who arc hero assembled.
Blokes, off Houlh Carolina, spoke in favor
of initiating n movement which would tiring
together the pure Democracy of the couiitiy,
miu preserve its oigunizaliou.
Peter Key user, of Indiana, earnestly advo
cated the necessity of keeping thoIXmocmtic
party together.
Alurrell’s motion was agreed to, and *lie
Chair apis tinted as the committee to prepare
a Democratic Address: Murrell, of Ky.,
elminiinn ; Ham J. Rayford, of N. J.; M. M.
Pomeroy, of N. Y.; Geo. D. Parker, of Va.,
Jose|>li J. Davis, of W. Va.; Joseph Ledlic,
of 111.; E. Keyesur, of Texas
On motion of Francis Konkins, a commit
tee of seven was appointed ou |>cnuuuent
rganization.
Baltimore, Md., July 10.—Tho delegates
generally were in their scat* by 10 o’clock.
A second band, located in Uio uppper gal
lery, entertained the audience with various
airs, of which Dlxto, My Maryland and
Yankee Dooillc, were equally applauded.
At a quarter to ten o’clock Chairman Doo
little announced that the hour to which they
adjourned had arrived and called tlie Con
vention to order, and called upon Rev. I)r.
Hey bum, of Baltimore, who addressed Uie
Throne of Grace.
The chair announced for the convenience
of nienilicrs of the convention and press
that every person rising to make a motion
or speech shall annmitico his name and State.
Cabell, of Arkansas, a«ked seats by courte
sy for live delegates from Arkansas in excess
of their regular numlier. Agreed to.
Burr, of Connecticut, announced that the
Committee on Resolutions was rc-adv to report,
and the Clerk rend Uie rep *rt, recommending
the adoption of the resolutions already
adopted hy the Liberal Republican Conven
tion at Cincinnati. [Cheers ] In order that
there slinutd tie'no nifeapnrehension as to
these rewilutious Burr called for their reading
in full to Uie convention, which was done,
each p!ank in Uie platform ticing received
wiUi an applause, 'lliu onc-tcrm plank was
esfieciaily well received. A call for tiireu
cheers at the close elicited a partial
response. Burr uxplaine<l that the
resolutions were tho Cincinnati plat
form exactly, nothing addcil, nothing ex
cluded. This platform was adopt'd on cotn-
mittee by all the Suites except Delaware,
Delaware. 0: Floriife, 2; Georgia, 19;
Mississippi, 9; Alissouri, 2; New Jersey, 9;
Oregon, 6; Pennsylvania, 7; West Virgina, 2.
Result of the ballot—Greeley, 6S6; Bny-
anl, 15; Black, 21; Groesbcck, 2.
All for Greeley except Bayard and Dt!a
ware, 6; Now Jersey, 9. Groesbeck, West
Virginia, 2. • Black, Pennsylvania, 21.
Pennaylvan’a voted 2 blanks.
Judge Reagan, of Texas, followed. Uc
said it wa9 supposed among hfe people that
the Democratic party could uot succoeil at tills
election with a distinct Democrat, therefore
they had come hero to unite with their
brethren from the whole country in effecting
such an arrangement as will unite Uie Demo
crats with the honest opponents of the ad
ministration. It waa wisdom, therefore, to
take the Cincinnati platform. Why refuse to
accept the situation anil make the best of it
Barksdale, of Mississippi, asked if it was
admiasablc to hike a separate vote on each
resolution.
The Chntr announced that it was not, as
the previous question hod tx-cn ordered.
Barksdale—-I ask tiien Uie unanimous
sent of thu Convention to"the division of tho
▼ota [Cries of no, no.]
McRae, of Tennessi^*, made several frantic
efforts to obbiin the floor, aud was finally
recognizal by the chaii^and proconhal wiUi
excited protests against Uu: cutting off of de
bate. [Cries of sit down ; call roil, call roll.]
Thu nil! of the States waa called 011 the main
4|UC8lion of tho adoption of tlie platform
which resulted: Yeas, 662; nays, 70.
When Delaware voted no, there were leud
hisses.
Tho Chair appealed to Uio Convi-ntion to
treat with respect the vot© of any amlScvciy
State.
A delegate said tho disturbance was in the
galleries.
Before tbe vote was announced, permission
was asked hy Uie chairman of the Afetiama
delegation to make an explanation of Uiu
change which he desired to make in tho re
cord of Alabama’s vote.
Objection being made, Uie Chair ruled
that while Alabama had a right to change the
vote he could not explain it.
Bubsc*qucntly, unanimous consent being ac
corded, Shorter, of Alabama, took
two minutes to explain that there
were in tho pending resolutions
somo statements rather Ilian declarations of
principles, which 9omc of life delegation could
not indorno without explanation -without
stultification. Having said tills ho changed
Alabama's vote from 12 ayes and 8 nays to
20 ayes. [Cheers.]
Hoffman, of New York, presented a pe
tition of 15,000 Germans of Uio city of
New York relative to tho nomination
Mississippi am! Oregon. He mo>uxl theadop-
1 and uioyod Ufejircvious
tion of tho rejHiri
question.
Bayard, of Delaware, inquired whether tho
t irevioas question — another name for Uie gag
aw—hail become a law of the Democratic
Convention without notice to the delegatus.
The Chair said the Con vuutiun hail adopted
Uie ruluH of thu House of Itepresuntatlves, so
that the motion of Burr was in order and not
0|mn to debate.
Various geotiutnen «api>ealod for a with-
canditato for President, which was
sent to the desk, where it was read
by Uie Secretary. It recommends Uio nomi
nation of Greeley and Brown, and expresses
tho belief that they will have a hearty sup
port of Germans regardless of past party
affiliations us the beet nomination that can lie
made. [Cheers.]
Ray, 4if Indiana, offered a resolution to
nroceod to vote by BUitcs for candidates for
President and Vico President.
Cox, of New York, offered an lunmHlnient
iroviding that, on Uio calling ot each Btnto
tschairmnu shall state how Uie delegation
votes, and tiis statement alone bo taken.
Tho amendment was accepted by the
mover and the latter adopted viva vuca
Bnowhook.of Illinois, presented Uio name
of Horace Gnsdcy as a Democratic candi
date for President. [Cheers.]
The roll was called on U»o Presidential
nomination, and cacti vote for Greeley was
received with cheers.
Tho ballot resulted a* follows: Greeky,
W; James A. Bayard, 15; J. b. Black, 21;
Gr»**sbeck,2.
Washington, D. C., July 10.—The derrick
gave wav in the new State House, killing
three and hurting five.
Alluding to a caricature in Harper’s
Weekly underlined when the rebellion of
traitors are overwhelmed in the field and
scattered like leaves before an nmry wind,etc.,
the Tribune says wc deem it only mv**ss»\ry
to say that not a word of this pretended ex
tract is found in the Tribune, vi that elate,
and no such words were ever written by Air.
Greeley. We leave tho public to judge of
the moral quality of the act committed by
iheAIessrs. Utuptv.
Baltimore, Md., July 10.—The Bolters
Convention adopted an address to the
American people, and aftor issuing a call for
tho National Democratic Convention to inlet
in Louisvilio September 3d, adjourned vine
die. Tho officers of the convention were:
President—Samuel J. Bayard, of New Jersey.
Vice-Presidents—E. J. 8tok«*s,of South Caro
lina, James Sweeny, of Pennsylvania, Ezra
Kcysor, of Texas, and Jessie Miller, of West
Virginia. Sccretarys—.Tames Sherwood, of
Connecticut, and S. J. Clute, of New York.
When Hofftnan roe© to cast the vote of
New York her delegation was greeted with
throe cheers. Order being restored, Hoff
man disputed Missouri’s promise to give
Greeley tho largest majority of any State in
the Union, and said New York’s majority
would be larger Umn Missouri's total vote.
He also expressed his regret at tlio division
of the vote here. lie kuew tiioso who did
not vote for Horace Greeley were acting con
scientiously. hut ho desired to appeal to them.
New York is a Democratic HUito. It h&d
more than four hundred thousand Demo
cratic voters, and when these were
ready to sacrifice personal preferences
and prejudicial on the altar of the country.
Uc hojicd their brethren elsewhere would do
tho same.
we, therefore, express the film* of the affidavit, required by tlie 2d
no opinioo in relation to that question. In section of the act. It .is sufficient, if the
our judgment the Court erred in admitting in facte be made to appear to the Court by
evidence the paper signod by tlie Ordinary, proof,
purporting to grant leave to sell tne land. Judgment reversed.
brought into Court by the defendant, which Cobb, Irwin <& Cobb, repruee ifed by the
bad never been recorded, or entered on the Reporter, for plaintiff* in error,
minutes of the court, and without evidence, G. McMillan, for defomUnta.
that such an order for the safe of the land had
been granted by thu Court of Ordinary John D. Field and Davkl NichoK for u*o of
at a regular term of the Court. This admin- John D. Field, vs. M. C. Martin, adtninfe-
fetrators sale, aa well as other proceedings in trainr. Complaint, from Lumpkin.
relation thereto, took place prior to the adof>* MoCAY. J.
tioa of the Code, and must be controlled by Where F. and N. purchase! fend jointly j &n J Territory of U»e Union it is, ntday, the
the then existing few. The 7th section of from AL, giving Uieir note* f«»r tbe purchase mxr pte.l s;--ciflc for nen ona defei :v, dys-
the Act of lfc53 declami that no order for the j money and taking bfe bond for titles, and F * fever and ngne. rUenniatisffT, and nli
Elements
and enrich it are evolved, and that fluid be
comes then watery and incapable of remov
ing the solids of the body as fast as they
decay. The consequences are
general, or perhaps a rapid, _
powers of life. It fe in cases like this that j must be shown by its records; that fe tbe
tbe restorative properties of Hcstetter's Bit-1 highest and best evidence of its action in re
ins arc most conspicuous. The first two or I lalkm to tbe subject matter confided to its
three doses sometimes produce a change in) jurisdietkm. It is not pretended that the
tbe feelings and aspect of tbe invalid that is! records of the Court of Ordinary of Brooks
perfectly astonishing, and by a persevering | county have been lost or destroyed, and there
use of this superlative vegetable tonic and [is nothing upon tbe reconfe of that Court
Founded on a Rock !—Tho disappointed
adventurers who havo from time,to time at
tempted to run their worthless potions
against Drake’s Plantation Bitten, vow that
they cannot understand what .foundation
there fe for its amazing popularity. Tho ex
planation fe simple enough. The reputation
of Uie worid-nmownod tonic fe fdGurfed upon
a ruck, the rock of experience. All its ingre
dients are pure and wlioieaome. How, then,
cwuM tricksters aud cheats expect t» rival it
with compounds of cheap drug* and refuse
liquor, or with liquorlo* trash in a state of
wtkvus fermentation? Of course tbe char
latans have come to grief. Their liule game
has failed. Their contempt f«»r tbe sagacity
of the iximmunitr hsa ?*ecn fitly pmnshnl.
MuanwhiU* Plantation Bitters scdiii to be in
a fair way of eventually KiipenuxBag every
other medicinal preparation includi-tl in tlie
cl as* to which ; t belong*. In every Htato
rugglo which fe before
must look to principles and not men and I
trust Uiat no personal productions will deter
us from doing our duty to tho American
people.
General Graut has boon a good snd faithful
soldier. During our civil war hfe stubborn
and indomitable courage helped to crown the
onion arms with victory, and tho American
people havo rewarded hfe services with tho
m«wt unbounded generosty. Iam willing to
concede tliat life intentions on taking the
Presidential chair were good and patriotic,
but he has most signally and sadly failed
in thu high discharge of tho high trust im
posed upon him by the confidence of a grate
ful people; he bat this moment the very
personification of the misrule which is op
pressing us, and hfe re-election b fraught with
fare of the flcpublio, and endangers the lib
erties of our people. On the other hand Air.
Greeley has been, heretofore, a bitter op
ponent of tho Democratic party, and the
violent attacks against myself individually,
which have, from time to time, appeared m
his journal, certainly do not enutio him to
any sympathy at my hands, but Mr. Greeley
represents the National and Constitutional
principles of the Cincinnati platform, and by
life admirable and manly letter of acceptance,
he has shown that ho is fully alive to their
spirit, and that, if elected, be means to carry
them out honestly and faithfully.
Should you, therefore, in your wisdom, de
cide to pronounce in favor of the Cincinnati
candidates, I shall, for one, most cheerfully
bury all past differences, vote and labor for
drawn! of the motion, in onfcr to allow a
short debate. Burr said ho felt compelled to
decline. [S4xm<*8 of great confusion, calls
of question, and ikbalcs on Uie motion to
sustain the previous question.] The call of
Htatcs was ordered, and being taken resulted:
Yeas, 553; nays, 176. Hoffman, on casting
the united vote of New York in Uie affirma
tive, said some of the delegates and himself
among the number, being opposed to the
previou* question.
Uauck, of Ohio, denied tho right of hfe
delegation to cast Uio vote an a unit, and
asked to have hfe vote recorded no.
The Chair announced that Burr, of Con
necticut, was now cutillcd to one hour to de
bate tho resolution. Bayard, of Del., ap
palled for ten minutes. Burr conceded
this request, as Bayard is a member
of the Committee on Resolutions. Bayard
took the platform, while there was no dispo
sition to carp at and oppose Uie men because
of formed political .opinions, be horaxl the
f ;reat Democratic organization would be sl
owed to have independent expression of its
own honest sentiments. [Cheers.] Why
take the cut and dried resolutions of another
organization? [Applause.] Why have the
opinions of other men not chosen by us
forced down our throats as our expression.
It fe proposed here that wo shall go before
the country for the fust time without our own
independent expression of principles. It fe not
just or wise to ask us logo into the campaign
under the clothing of a minority. [Calls of
time, time.]
Tl.. n.xii
Uieir diction with the same zeal and energy
with which I havo supported heretofore, and
mean over to support, the candidates of the
Democratic party. The American people
look with deep uolicitudo to your delibera
tions. It fe for you lo devise means hy which
to free Uicm from the evils under which they
are suffering. Hut in order to obtain that
end you are called upon to make every sacri
fice and party preference. However much
you might ilcsirc to fight the coming battle
for our rights and liberties under one of the
The Chair announced that Burr, out of re
spect for the minority, had consented to give
Bayard ten minuti’s more.
Another Connecticut delegate object'd to
any man occupying the time of the Conven
tion in this way. [Applause and hisses.]
The Chair caltel to order and
reminded the delegates that this was a
deliberative assemblage and urged respectful
hearing of any ono who occupied the floor,
whether they approved his sentiments or not
Mr. Bayard finally resumed, arguing tiic
necessity for some expression of opinion
upon Uie question of tbe exercise of Federal
military power, under color of legislation, to
Tho Conacn^Uvce havo grand mass meetings
at Weldon on tho I2th aSd at Raleigh WtS
.... *“ v nuu ra* iMicuru I HI UM
lGtli. Carl Schurz, Trumbull, Frank Blair
bbcrmsn and other diatiogatabed «p<»ken
czprxjtcd. Tho moat extoulro prepara
tions havo been m&do and a large piiherixu?
or pcoplo from all portions of tho dtato are
looked for at Doth of theaa points,
nearly every county Is being thoroughly
canvaaed, and in somo of them tho candi
dates arc making two
— —r r> speeches per nay.
Tho election take* place August first, and It
is thought tho last week of the tlio canraaa
moat “Cttlng over wllncstedln
the stato.
CtscnraaTi, Onto, July 0.—Throo men
charged with outraging and murdering Bello
Becor, to Mercer county, were taken from tho
jail by threo thousand people. Their falo Ls
unknown. It is doubtless they were hanged
Sr. Louis, July 9.—The United Stales
Marshal has brought several men from
Reynolds county, including tho SUetiir,
charged with floniag a preacher. Waiving
an examination they were bailed.
Saw Fbawcisoo, Cal, July 9.-Tbe In-
dians who raado tho treaty with Howard a
month ago have left their reservation fur the
wire path. Many depredations are reported.
Lrmjs Kocx. July 9.—Tho excitement
hero with regard to th« counterfeit bonds is
still on the increase. Spurious Imnds to the
amount of 48,000 dollars havo been found in
tho unico of tho Stato Treasurer. An ex
amination into the affair has liven going oo
to-day with closed doors.
Baltimob*. Md., July 10 —At a mrrtlng
of tho National Democratic Executive Com
mittee this afternoon, all tho mom tiers being
present except from tbo States of Delaware
and Florida, Hon. Augustus Schell, of New
iork, was elected permanent Chairman ; ami
Uon. F. O. Prince, of Massachusetts, Secre
tary and Treasurer.
The following gentlemen were elected
members of the Natiojal KxocuUro Com
mittee: Thus J. Randolph, New Jersey;
S?™ 8 5l -Illinois; Wm. A.
Moore, Michigan; Isaac Eaton, F. O. I-rinco.
Massacbnsettts; Jno. G. Thompson. Ohio-
Jas.P. Barr, Pennsylvania; W. IL Bsmum.
The Chairman of tho National Executive
Committee was made a member of the Com-
tuiltee, ex-olllcin.
Tlte following gentlemen compose tho resi
lient Democratic Committee at Washington -
Samuel J. Randall, of Pennsylvania, A. A*
Oarconui, Washington, D. C., Alex. O. Thur
man, of Ohio, Jaa. Brooks, of Now York,
Montgomery Blair, of Maryland.
New Yoke, July 101—Ou tlio anntamre.
moot of the nomination of Orecley and
Brown, three field pironi final one hun
dred guns in the City Hall Park. Flags
were hoisted, on Um City llall, and a ban
ner waa suspended between two large bees ,
in the City llall Par*, with tho inscription
tliat Tammany responds to the nomination
of the National Cvavention of Baltimore.
Boston, Mass., July 9.—A Isusps-t was
given Uie Irish band at Funnel llall liy Irish
citizens.
London, Eno., July 9.—Tho loomeynicu
I Holders have resumed work, and it u ex-
pcvloil Um oUicr trades will soon follow.
The House of Lords have alwndomd all
Uie amendments to tlie Ballot Bill except one
tn which it is Uronght Uie IIooso ot Com
mons will ooncur.
VKirs.Mij.zs, Pabis, July 9.—In Uio As
senibly (lorillanl. Minister of Financr, mils
inittol a trill to raise a loan of three millisnls
franc*, at 5 per cent toterest. and also giving
Uie government |wwcr pi niso further loana
if neccreary.
Rioiimowd, July 10.—Tho action or Um
Baltimore Convention in nominating (Ins-ley
and Brown is received hero with tliogreateat
Satisfaction; guns wore fired during Urn after
noon, and to-night an impromptu meetiag wm
S hcld hetc; there was also en—Uerahlu dis-
-y of firo-works. Friday night Umre will
a general ratification tnccUng.
Nkw OitijtANn, July 1ft—A salute was
Ural in honor of Onadcy and Browti’a tioin-
tnatinn. A ratification mecUng waa ln-ld in
iFayeUo square to-night.
Rai.kioii, N. C., July 10.—Tlu-ro 1* great
rejoicing hero wiUi the Conservative* and
Democrats over tho nomination of Ur..-Icy
aud Brown.
The evening ralilion of Uio Dally hewa ati-
penrs with Uio ticket at ita mast head.
Puir.AiiKi.rniA, 1‘a., July 10.—Tho Ace
mya. In reference to Um tmminaliou of Orer-
loy, Uiat it ia a general uprising against ofll-
eial corruprion. Tlio popu ar voice has
liailnl Horace Greeley aa an lionoat man—the
noblest work of Uod—who Is hi restore Uio
bi-tter days of Uie republic, wlion patriotism
and puldic spirit, not Mlflslmoss ami gnadl-
ucss, were the common allritiuUn iff
American Presidents. This la Uie ex-
M-ctation that llfirac* Greeky must fulfill,
f lie:prove i-qual p> Ida great opportunity, it
is not l,y mistrust, but by generous confi
dence that he may lie strengthened for liia
work, Uint confidents, tho Democratic iiarty
has siOMil.al lo him, an.1 by no word of <aira
would we now abate iu We do not know
him save l.y Ids record. That is pnro in tho
cause of re form and an honest mliiiinistiu-
tion. His name will suit well with those of
Buck:.lew, Thompson snd Hartley.
Nnwnmm, N. Y., July lo.-The 1). m-
emts Imre are firing hundreds of guns in
Imnor of the iiotuiuniion of OtWky and
Brow
Nkw Yotth-. July Iff—BcdiicU’s yacht
Dar.io'cis arrived, iu thirty-three .lays, from
Cowes. -r. <
Tho grand jury havo indicted Robert L.
inwford, Wtid.-rlMlt’s lirothcr in-law, for
assault with inPrnt to MIL
A i.tun v, N. Y., July 111.—Tweed's Uial
eernmenecd In the Supreme Court to-day.
The defendant's counsel are David DiMiley
Field, Stoughton, Fullerton, Lturritt, Rey
nolds, UurUc.tl.Juo. Graham,and lbs it For
Uie prosecution arc O'Connor, Titdcn and
Pedthaan.
A motion was madu liy the defense that
thu Court ruler judgment for a nominal sum,
under which the case bu taken to the Court
of Apixads.
O'Connor npposnl Uiis motion, believing
it his duty hi pn«s Uie case without listening
1 the right Pi Ik heard,
whereupon Uie C>mrt decided to hear argu
ments in Uiu Tweed and Connolly esan tie
gether, and Btonghpiu made the (gaming
speech for thu defonse.
SAttATOCA, N. Y., July 10.—Belting mt the
start was 9900on Longfellow; JiWI.m Has-
dtt Baasitt won by alcng.h—tiumU9. Tbe
ntleudaneo waa large. Find men—Governor
Bowie. Catesliy, 1; Morris' coll, liy EcIIisk,
2; ElcctroS—timel:17j. Third race—Buck-
den, Dcad-Henil, Jury, 3; Piedmont 4—time
3:43}.
will tincome your duty to discard
oration uf party tradition. If the selection
of a wise mail outside of our own rank offers
better chances of success, yon must remember
that you are here not only aa Democrats, but
as citizens ot our common country, and Uiat
no sacrifice can be Phi great which she de
mands at your hands.
re emaciation, sale of real estate shall be granted except at j paid the whole uf the purchase money, ami t invotvini s .Icfienviey of vim! ]«>**».
spirits, and a a regular term of the Court of Ordinary. The | N. having died, F. demanded the tith-stn 1*- i » ■ *
decline of all 1 action and proceedings of aC-xirt of iteo-o-d msd.. to himself, and.heoogtit- suit .m the! . Dacsv'a Erracixo Finucr will eC--( r mat
bond in the names of F. ami N. for K.’s use: i the (reih '(ist are brushed daily »Yp,0 Icr-
HafiWrJrhat-as thu purcliasu was joint and : S-.zidont, it lecds a il-ira! f-,^rr,iin-e
Mr. Beiuiont, after some personal remarks,
ldolph, ol
U.--I in WU9 nujittMtivt. n'utt. ouu.is twratii«m «pv»» .ev nils* vvuii
alterative, tbs vital drain ia sure to be arrest- j which shows that an order for the sale of
ed, the strength reinstated, the flesh restored,] the land in controversy wss ever granted by
the constitution reinforced, snd the brain re-1 that Coon, which was an indispensable pre-
tieved of the ctood that obscured it. i requisite to divest the heirs of their UUe to
The first two or | lation to the subject matter confided to its the land joinf, it waa no breach of the bond} lo'itm breath aa wrli a* protects U.e’-.eetli
’ ‘ . 1. ,. — ’- - — ■—-*-■ ‘ -* - to refuse to maifC-titlea to F. alone. ' from corr.ftiQn and Oerum|i.iaili!)a..' ;*T-
llau>, PDSTniR. That Ute «nit could noli julylfi-.leo.itw.kwiin ■
Ik maintmned' in Urn oameof F. at,d N. for j 7-■■
the use of F-, N. h«ng dead. j IWt bavk. hawk. spit, ipit, M-Ss, blow,
Judgment nfiirmod. ] and -i"(:(id - v- rytwly wi*fl >onr CaJAr-b nml
R. A. Quillian, Wier Boyd, for pkimtiils! its ofii-nsivu .sho-. wlien Dr. Bigw; tf.tarrh
in error. ! Remedy will A[k-,di!y d.*troy aliiLjjWrest
H. P. Bell, for defendant. I tbe eli^b-arge aud cure yon. y? ‘
mHitinatol Thomas Jefferson Randolph
Virginia, saying:
“It is all ansoicinm omen that a son of thr
antbornf the Declaration of Independence is
to inaugurate the slruf^ki of the D-moeracy
for freudian and equality for every American
citizen, and against oppmrsion and tyranny
in our laud.”
KaudolpU was elected by acclamation, nc
said, ‘I am aware that the vrry great honor
.a>nferr.al nj-ou no- liy this IhhIv, is dm- to nu
I cr S'ti-al merit uf my o*.vu, l.utisa token of re
stKct to the Stale from which 1 come,and isa
recognition of other circumstances possibly
enforce the 14th and 15th constitutional
amendments. If the convention failed in
this there would be serious disap
.ointments. In conclusion, ho entered
ris protest against the pending motirm
to adopt the report as a whole,
and asked a separate vote on the several dis-
tinct proposition? pending.
O’Conner, of South Carolina, regretted that
there should have been any difference of
opinion lien; sll other issues should be
merged in the single one of defeating the re-
election of the present national administra
tion. He said tbe reconstruction acts and
the 13th, 14th aud 15th constitutional amend
ments had been accepted. Public opinion wan
higher than governments and superior to any
doclarstions by conventions. [Applause]
There was nothing left as an issue now but
to save the nation from destruction by cor
ruption.
He i evicwed and criticised the foreign
There were great cheers after the chair had
announced Uie result of the ballot.
Wallace, of Peonsylrania, then took the
platform, and waa received witli cheers. He
said in okedienco to tho decision of public
sentiment in his Bute their delegation had
cast a part of their rote against the gentle
man. by usages and customs of Uio Demo-
cralic party, who is now its nominee for the
Presidency,and he would yield to this decision
and accept tho result which tbe great high
court of appeal ot tho party had decreed. In
conclusion, by instrnctions of bis delegation,
ho moTod that tho nomination bo made
unanimous. [Loud dicers.]
Music—Battle Cry of Freedom, followed
by Hail to the Chief.
When tho music ceased a scene was low
ered at the rear of the stage, presenting a
view of Uio White House. [Applause.]
Order being restored the moUon of Wal
lace. that Uio ;nominsti<m bo made unanim
ous, was put and carried with one or two
dissents only.
Roll call on nomination for Vice-Presi
dent—B. Qretz Brown, of Missouri, received
713 votes.
On motion of Chalmers, of Mississippi, the
nomination was made unanimous.
Uauck, of Wisconsin, moved a resolution
appointing a committeo of ono from each
State to be named by the respecUvo delega
tions to apprise the candidates of their nom-
inaUons.
Payne, of Ohio, moved to amend by add
ing the President of the Convention to be
chairman. Agreed to.
On moUon of Heaton, of Ohio, a resolu
tion was adopted that on adjournment the
Convention would, with music, escort the
New York and Missouri delegations to their
quartets.
A resolution was adopted leaving the place
of next National Convention to be decided
by the National Committee.
Alao, a resolution of thanks to Jno. T.
Ford, to Frederick Itainc, and to Baltimore
for courtesies.
Also, thanks to Mr. Doolittle for the able
snd Impartial manner in which ho has pre
sided over the Convention.
Thayer, ot New York, made a few re-
marks eulogistic of Greeley.
Tho Chairman returned Ida thanks for
kind expression towards him, anil invoked
tho blessings of Erovidenco upon the olTurts
of the Convention.
'Brown wis nominated by a vote of 713;
Stevenson,of Kentucky, 8. The blanks were.
Flori(la,2; New Jcraey,9; West Virginia, 2.
Delaware voted for Stevenson.
The Female suffragists were disappointed.
They-floelare their intention to work for the
Philadelphia nominees.
Angnstus Schell was elected Chairman of
the National Executive Committee.
Wn.MiKoroN, N. C., July 10.—Tho nomi-
Havana. Cuua, via Fiji.. July 18.
Count Valmaseda eudiariccd for Sp.in to-day.
An imiiuuisc concourse of citizens assembled
nt Uie Captain Gcnunl's Palace and U|H>n Uie
quays to bid him farewell, no ia accompa
nied by Colonel Ortis and his iieraonal staff.
Thu newspaper. La Kspona, lias suspended
publication.
Don Juarez Vigil boa been appointed Po
litical Secretary of the Island.
Tbe Spanish iron-clad, Nutnnnicin, will
for Spaia.
shortly moil for New Ynfk.cnroule fur bi~..u.
The expedition which left here sometime
ago to search for hidden treasures near
Saguna do Corter in Vuelta Abojo District,
have returned tmsuccessfuL
General Lore, commander of Fort Cubana
and Moro Castle, will shortly return toSnain.
Fort Monarea, at Nuuvitas, was struc k by
lightning on Uie night of Uio 10th. The
powder magazine exploded, and seven ar
tillerists killed. Ono rillod cannon wiucar-
ried a distance of fifty yards from tho cm-
n iMunvivn. ii. v., tw.—luo uumi-
nation of Greeley and Brown at the BalU-
roore Convention gives universal satisfaction
among tbe Conservatives and Democrata
here.
The State canvass is progressing amid un
usual excitement. Both parties are making
tremendous efforts. Secretaries Bonlwefl
The Cuban civil government has granted
Coolies Uio right to return to China, after
complying with certain prescribed conditions.
The Diaro, commcnUng on Uie soizuru of
the steamer Pioneer, says tho vessel is s
pirate and not a privateer, and the comman.h-r
of Moccasin decided her status. When ho
captured her be carried her into Newport.
Had she been a privateer he would not have
taken her, because a privateer is a vessel of
war, belonging to a nation recognized aa a
belligerent
Saratoga, N. Y, July 18.—Tbo start for
Uie cup took place at the head of tho stretch
Mr the Brat quarter. Harry Bassett leading
Longfellow one length as they commenced
the- two miles. Defender being four lengths
behind and never afterwards in Uio race.
Longfellow, from tbe quarter turn to tho
finish, ran lapped on Bassett, bat only reach
ed Bassett's bead on commencing tlio last
mile, finally being beaten out but one
length, after running one of thogamest races
known, and in a remarkably short time. It
ia said Lonfellow was badly cut in Uie leg
from one of his plates turning.
Gainmii, Texas, July 10.—Tbo first
bale of new coUop was sold to Richards &
Hawkins for 83 cents in gold.
Washington, D. CL, Jnly 1C.—Tlie lost
devcloperaent in tbo case alleged against tho
Cuban privateer, Pioneer, is Uiat the United
Statoa Marshal, at Newport claims her under
a libel and has written a letter to this effect
to the Treasury Department. Tlie Depart
ments of Treasury, Interior and Stato arc
considering the subject.
The mixed commission on tho British-
American claims will meet at Newport,
lthole Island, September 11th. Four hun
dred and seventy-eight British and nineteen.
American cases have liom filed. Tlie Secre
tary of the commission. Thomas 3. Cox.
waa formerly attached lo the deportment ot
the State. .
Paris. France, July 18.—OambettA, in a
speech at Lafcto Louis Jonarre. yw-t. rday,
!prxjsed the Republic as} tin- enib-xlimenl of
the principles of self-government and prna-
pcrity./*,He denounced the Conservative
jNirty, **^9pllmealeJ ^President Thiers, and
policy of thu Administration, and urged and Delano make two speeches each for
a union of the whole nation to defeat the Republicans within the next two weeks.
being a greats
u-mur,.!, Eso., July 17.—Geneva advices
,hy that, although the Court set with closed
doors, there is reason to know that the timo
was occupied with the consideration ot tbe
basis on which the deliberations of the Board
are to be conducted.
INDISTINCT PRINT f