The Weekly constitution. (Atlanta, Ga.) 1868-1878, November 12, 1872, Image 1

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juclilt}. gcnsthiilion. ATLANTA. TUESDAY, NOVEMBER 12. L-w>k to Toom Hmraa.—'The malady vikhitiflicTlft tkikonwXor fc •«■» to he work dovaSoath. AtlALtftUMokMiajfurbwd mm. Ptl'J ll may rtu!> here. So wo republic froa tl« Kew Torn Sob room ohnplo dlrrrtiou fur tbo »*o f»«« et bnno. Wik i mj bo worthy of »t- Ito fl*r rkl« yoor otablc frnpmrtjr and pte.tlfo! y o cirv>!ktc , d ud with renrairyiMr nimhed ioik» bOL Coo CblorM of il-e frerly. rot doablr tb*»*aal q.uiUty «f UddDi; ordwr >otr hor ot 'tttne'itodit^Tcf rubbing tto'r Uwbo cid l««n.«ch. iwrry drop of water that tlfy drifik •b.iBltl be ;or-aad frerfa Trey car.o t Juve u*> r>« ba r, j.r .w dei Um-j ar» Lot • xp >«el to a 4raoffbi Lot yemr hot or rwt if job c«b. fo far* we tfctak the kororf. If karr. anj pjmp- fntu of the dl<e •♦, iboald lo* be work <1 at ail, and aw there are SallettSona that tbo 4*«eaae !■ aba’In to tbo Jt* rib we hope It wttl not r- aeb tbU flute. It I# tbocpla'.oa of hn beat Inform d that the m Jady fa wot coBtaflooe. The aarae paper »!■-> rayw that Mr. John Haberlta wV>kw-p« aw a’4a at fJf Mot atraet, lua Afreet: b*.re* a afflicted He be*ao by giving eemldoi« at- bran wltb mo aaoaand gity r !a !a*e otayeo c* oit,g1wrr and bo ladonna were made la’o a m’x and rtwea ooeaaloLal y Toe bel’ad r-a aerma to lure Iren b b* flcil, ter*a e It eroded the imill U pa»«a e* **d 'bwrahled *b«ar>imal Wb*coth« Oder ax-d ea*e! :iw cua<t». He !o*t n * b raea. The Election. We ^itre »1! the UtesI tetarriUic newt. The Brcounio »rccnnfl ciia/, btil indicate the elec tion of Grant. The tcene in front of Twit Cosbtitction- fniMinjr from ■* o’cloek till midnight was ex citing. A crowd assembled in front of our larjre plate pl*i«s doors and windows, upon wLicit otfplntd in brightly illumina ted i«;tcra and figures the rctnrna aa rapidly at they c%:n»- in As m ij iritirai sppetred in f*w ir of Greeley, loud.cheeis «o»i-J ascend from the Jh inocrsts, sn-l from the Grantitr* f when molarities were reported for Grant The crowd did not disperse till nearly mid* sight. As we sire the entirerclnrns elsewhere, we forbear further comment. In onr afternoon edition we sh tli lie able to sum up the result. I* would seem, that the North has deliberately refused to accept the olive branch, an 1 that the South la rfti eJ !o continued pcmcalioo. It is claimed by the Republicans that Grail will have 270 electoral votes. We sh*ill Georgia rocs for Greeley by a beavy^mi- j.Tity. bVICIDK. Had Dratli wf a Popular Jlechanle. Debt UtlRi.rd as the tame. Lest night at 1M5 I*. M. f Joel Kcl»cy, s lusehtnbt nt the Georgia Railroad, expired from the * ff-ciB of Laudanum. It is supposed tuat lie took alK»ut two ounces of Lnutlanura between four r.nd five o’clock yesterday even- Ing. !>r. E» 8. Ray was *urairi*»ne»t about seven o’clock, but the; stomach had tieen to jmrrl- « ved b; the p .j.*on ihst the strongest remedies 1 i e>1 to it!.cl snv good. Dr. Ray wa# un- i* mining m Ms efforts, but Mr. Kclaty grad ual)' sank into the sleep of death at the hour. srf. (roller General, and'T^af transpired prior to liis action in issuing them "i»r the (Mirpose of attacking the valid ty liereof.and one of the complainants alleges that a part «(. one id the executions is not lu**. The i&»uiog of the executions by the oinpiroller General to collect the public rev- »b du* to the Si«tc, wj-.s the uct of the Ex- utive D*purtiitanl of the Slate government, and the C- uris hnve no p 'wer or authority coiiijM‘1 that <]* psr'.ov.-nt, by mandamus, or ither judici it process, to issue executions for collection of the public rcveuue of the ijatc, or to restrain ihal department of the jnVernnicnt fr«».n doinirlgp, or t«» presari he ilto kind or si.fllcient y of the evidence which hall he nremwiry to anihorijce It to Issue* such 'Cxi^cuttons against the delta.tiog offl- c. rs and agents of the government, t'Vit Is a Alter which li-dongs Jo the.Executive De- “*mentof ihcgoverninbnt alnwe exclusively. Kc’.M-y assigned as the cause that he him in debt, and saw no way out of it Mr. Kelsey was very popular with alL < ls»» #. lie haves a wifi and thrffC chihlrdRr He was a meinlicr of Meirhanirs Fir^CVim pany The cmrine house Is draped in m<*brtp ing f« t one of its most effl-ient members. Ilia fumra’ will take place nt Sto’^jock this afternoon. ♦ - an ui r ^. THE FATAL IIICACELET. The Paris Skwe Ulls n curious story illns- trating the evil c«mscq<iciices of arbitrary no* ions concerning insrringe held by tt.c followers of religious rec s in opposition to the simple view of the matter Liken by the Bute. The ancient customs of the He brew nation make the reception by a young woman of gift fr«»m a y- ung man, tendered with the wori:s, *1 conma rate tin < to myself witli thUT a valid marriage. A young and indigent man, being in want of a rich wife, fixed upon a wealthy young Jewess as a fit pcnton upon whom to try a stratagem sug- gestisl by this custom. lie iiiirHluced himself to flic li ly as a t * writer in the town, and sueceeicd In making rr choose a bracelet. While paying him she that she had not sufficient money, and fai l bo to the pretended jeweller, lie in«tantly handed her a coin, at the same time pronouncing the sacramental words. Tie pirl imro* diately threw down the piece, !.nt the ra < »c*l ha«!, in the opinion of the big oted rdibis, acquired sufficient right over her to indu- e tin hi to summon her to the syna- gogue that the nffair might be invchtigatiil. They Anally d«*» ided that thecondit'ons mak tog the gift a marriage hn«l not been fulfilled; but the p«s»r gid fell ill from agitation and anxh ly.snd died in a few days. The IllarkCruok If the Crook U Vlack, it certainly is so -with excess of light.” Tin* public curiosity to asr« rtatn w h**t her. like the |»ersonage whom the pmu**lv inclinnl c*insider to be its main spring, it is as black as il is painted, seems as far as ever from bring rati*tied. As pre- s«*nt< d this season, it is m *re varied and hraut*fu1, and combines in itself moic points of interest than ever before. The fertile mind which plans and contrives t!ie n*»v. I rtr.cts of c;Mtume arid scene is is that of Mr Palmer. He has a ran? t'je for striking comblmtions of color, and is a insstr*- of the art of grouping and mossim* ti;t rt?*. The brilliant stage pictures that are th • Mionc j oin s in this spectacle are insint.v dcvi-M d iiv Inin, and worked out under his jH-rsontd si»jH*rvi*iort. The statistics of the Black Crook which have not u>udly been conoctiy or fully givtn.are very imerrsting. The pictr was first pr. duccd at NinloV Garden on tlie B!th of >*ptember, 18«*5, and l td a run of 474 successive rrjtrte-cntalions. « x*endinc ovtrapenod of fourteen months, and ^yielding in gn»ss $74t»,000. In 1870 it was reviviaf on the 12th of December, and run thr -ugh 13-5 representations, matinees imlu nd. Again revived on the 18th of December last, it will run, no doubt, with h'Xi'Cs cr>»wded to the do*rs. as thus fai until the 26th of this month, mnkit’g in all fr|H repreymtations of the piece at tliis on* 1 lueatr *. it has tarn played over two th* n- and times in the Paired States, and lb* amhor. Mr. Charles M. Barrses, has nceived $125,000 for his share, or probably ten times as nn ch as any other author for any otuei piece in which he did not play himself. The expenses of representation »re $*5) night, about *.50 persons gening their support fn-m it. It require* 58 carj*entera nn t 22 1 me-light men to work the scenes. Th orew*ea* are worth $25,0i<» n«»w, but wnen the curtain r«we on the first uiebt of the play, h IS »5, it had cost JarreU A Pal met $76,00 The principal <f<rearu«et are paid as high as $60 a wet k in gold. S-me Mew of the costliness of the scenery may be had fr »:n the fact that 2,000 sheets ol gold, silver and c-d-»riai foil are used iu the tnndtVttatioa scene alone. Thegixtd fortune outlie author. Mr. Barrass. i« the result of the accident. Jarrctt A Pal roer, who had fomuai a managerial c 'part nership, with a view of intralucing the paibi m -spectacle” to our public, and had scour d the Eun'j'ean capitals for the “ef fect*," picking one up here and another there, nod returned and were searching for a frame f«>r their gaudy stage-picture. Mr. WheatVigh had on his hands this “Black <>»**." which he had agreed to pnxlnce at Nit'lo’* sitnply as a drama of the “I)ake’: Motto” das**; and Mr. Palmer, s-eing it> adaptability to his purpose, made the neces sary arrangement with Wheatleigh, and hi? gnugrou* spec’acnlor itTccts were tacke*l«'n to the barren trash of the original play.—X. Y r.ini THE WEEKLY CONSTITUTIOB. VOLUME V.f N \ S’ Lo. DECISION wltiun^niT inurlrV^e Yhmt rronires an .ffl • <r THX W fq *- ^r; »>-r* £ fv ATLANTA, GEOKGIA, TUESDAY NOVEMBER 12, 1872. INUMBER 32 HPUE3IE mat OF tiLQAU!.!. jm Most Dditerad in Aftrtnf-i, Ttttt&ay, Sot. 4, 167^ ^axroTrxD mxrwtLT rom tub oovxnnrno* ar reverse axxar »acksox, sctmcmk cocht nnarxa. | - , J -C. L. Scofield and V. ATGaakil! v«. A M. Per^ k<*r*rn. Deputy Sheriff Rc-usai of an In junction, from Fulton. Martin J. Hinton ct al, va. A- 31. P-t] Deputy Slifi'ff, an l 31adbon Bvll, trailer General. ’ ^ Warner, c. j. N \ -w svit pxypieni o^Axes lo.djjdtat. lost ceriainljL the Acrof w Iz5*0 does nm Ve ot- 4^ Cotxrt below *1^ Geo^B Williamson, rejv n & wbirn^n, for tt et al.'vs-Ad( nkom J> Williams •tor.. Refusal of aa Injunction, roe. a-Wtt ayiag. for an injuSfiwtAjto rc^Bh the* When these cases w*:re lie^ore lhi>$offlt dtr ng the present term, it was heid i«c ted "•hat on the alioiition of the offices oJ the Weaurn ami Atlantic Ktilroad, tin tAlmn*JfrinMxo of John Cotton from sell Comptroller General Ucarne the proper ing the laud of the ter*:ator until a provision aoH^rayiag. for an nijuffiRTV-to rcdSpiti IbN the jury that tbe defendant coul I not set up Bees ikdet&tan4as administraThnfc bon>» non cum said fafse representations in defense to the raintodinn «>f .he lK^>ks and r'cords of the road, and the duty of c*u-;ng the true m >unt uue by the defaulting officers of the road to be n-c rtained devoed upon hinr*; that the l/j>iiiatare has authority to appoint k commit lee of their own Ixaly as ministeml pen’a to audit and state the accounts of the Jficers and agents of tbe Wea’ern and At- anlic Railroad. When such statement ■x or agent in irefanlt and is tramuiiitti-d by th>* committee to the Comp- roll. r General, and he thereupon is-ues exe cutions ngHtnsi the dtfKulting officer and hl- aretie*. Court will presume that he oatixfied hiu»*)f *.f the c »rrcctness of the or.-iuiitiee’s report by :n«pectkm of the •ks and s*t»unts of the Western aid A Untie Riiiroad and adopted it « bis own. that the Conns i I not entertain jurbclicdon to enjoin such it-cuiion on the ground that thrrre is a suil pendiug :*» the instance the of State against I*; defaulting agent a:;d th*-ir securities on w-ir tain*!, or **» th',* ground that the amount *r wiiicn the agent h * defaulter w:»a fradu- ntly ii* wi and erub* zzeled by him. After the judgment of this * ourt had tiecn render- d the ciunplaiuants amended their bills sn<l gain «j», lied f.*r injunctions to restrain the coihetion of the executions iasu*d by the Comptroller General which %ere refused by the Court, and the complainants excepted, ’ments ;u the auumtled btib«go behind the ;.-^!ug of tlie caccujona by the Comp- rencral, and relate to matters which should be made therefrom in favor of the complainants, under the third clause of t:,e testator’s will, which b in tlie following words: “I give and bequeath to Peter J (me at tbe death of my wife any two lots of my lands that he may select, on the trust follow 7 - ing, to with: The net proceeds and profits to ue applied to the fil of my three ne groes, old Ptrry, his wife Silvy, and their grand daughter Elizabeth, a mulatto girl, he to take them and apply this property to their use. and at the death of either the last sur vivor or survivors, to receive the whole bene fit” The will bears date 2d of July, 1850. and the testator died is July, 1859. The de- fenuant demurred to the bUl on the ground that this clause of the testator’s wi.l waf* void under me laws of this State at tue ti:n<- of maktug it aud at the lime of the death of ;be te»i>itor. The Court sustained demurrer and refused to grant pal debtor until the bar of the statute of lim rations has attached, as between them, docs not discharge the security if he has been sued in time. The surety is not dam aged by the delay since, if he has to pay the debt, he can recover from the principal in the implied contract to Jioid him harmless, and the right to sue does mot exist in this implied ontract until the money be in fact j)aid by the security. 2. When in a suit to recover the purchase raonev of’some mules, the evidence showed that tbe vendor made false representations as to the age of^ie mules, and that the vendee had reHeift^Htd acted upon said representa tions; it w:t? error in the Court to charge suit unless it further ap-teared that he could not at the time have discovered the truth by using the ordinary caution of a prudent trader. Jn a suit against the securities to a promis sory note, the principal not having sued, it is not a good objection to the competency of tbe payee in the note as a witness on the trial to show that the principal contractor is •lead, and this b specially true if the securi ties were present at the contract and were sworn as witnesses on the trial. E. 51. Dodson, for plaintiff in error. D. A. Walker, for defendant in error. the injunction whereupon the com- miUeiHo them. Barton II. Overby and Nicholas Overby vs. Early W. Thrasher. Equity, from 51 organ. MON rGOMERY, J. 1. A |>arty seeking to set aside an award i tbe ground that it b contrary to evidence, must set forth all the evidence that was sub mitted to the arbitrators, and show that the evidence, a9 set forth, is all that was ?ub EXILE OF PRINCE NAFGLEON. A. Ulucder Much Won*. Than a Crime, v . DIFFICULTY OF EKYMINO. Wf juried by the nte in Jane, i h—baath—I can't find a The Political Influence and Ajpintloiii of the Prince. ■:m the New York World.] * *« eny r London, October 12.—PrrfO Nnpoim*- -st/ h. widrMdrdlnmyerui id to me some months ago: "/ he name of Topxrt from my ewe*tnymph, Whila jmtb ahooln their long sea plaintant excepted. The 4th section of 2.Whether anaward iscontrary toeyi- Hie Act of 1818 declares, that **A11 and every fdence c [debtors to tue Western su*l Atr.l»tK A &ul- • public— road w*:re debtors to the State or pub] Code, 981. The remedy sg linst the >u *erin LcnJcnl and other officers of th*i roid is the auie as against Tai-Uollectorund. Receivers —ik>*Ie 9V1. The AO .of I8)wrffbi wliich jhe j>rovi>ions in the Cod£tae tflken, isWill Wire explicit on thb pr>inL The 7th section fyjhat Act declares “tint debtors to sad re*d shall stand upon the same footing as to liability, and qy^^uhi:ity, as eoll^cu>rs of tnxc« are .nowT^Bc law, and no judicial interference shall be had, lie d or entertained, to stop or suspend the collection of a ti. fa. when IsMiial according t*» the terms and provisions of this Act. But the Governor for the time being may, and shall upon alii lavil filed ns to the niu«>unt really due, ujMin affiant fully jt tying the sum ad mitted to be due, stating all the facts in his affidavit, and therein showing why he has paid all that is re.tlly due, to suspend the col lection of the residue until the meeting of the next Lcgislatu-e, to whom be shall submit the mailer for their act ion.” The 6th section of the Act provides for the issuing of execu tions ng limit the *1. fvd,ing officers of the road by the Comptto*Ur General. The 4th section of that Ac. tied res that it shall be liberally construed :o tttVct accountability nud payment from debtorsuf the road. The 971st i-xetion of tin: Code declares that “all laws heretofore enacted having a special or local applicali m to raid road, an-1 in force at the time of the adoption of this Code, are kept in force, unless herein repealed express ly or by implication.” Can any one doubt that it was the clear and manifest intention of the Legislature that tl ere should not be any Judicial interference with the collection of claims due the State by ihc defaulting officers of the ro id ? But, it is said, if there is not ldicial interference, the complainants will >e remediless. The 7th section of the Act before cited, jioiuts out tlie remedy which negatives the idea that it wis to !»e by judi- ;ii interference. The principle is that the must collect h«T revenue f**r the sup port of Government through the a lion of the Ex *cui»vc D;-j>:irl’Uv*nt thereof, whether derived from taxes,or fr«un lier other; sources *>f revenue, without any judicial interfer ence therewith. The Courts will not pre sume that the Mute in the exercise of her sovereign prerogative in the collector! of her revenue, will do injustice to any of her citizens for her own benefit. Tue com- plaiuanta at the tun • they signed the official bonds of their principal must be presumed to have domes' with a full knowledge of the law applicable to their liability thereon, and ns to tlie manner of its enforcement against tl.B.n for the default of their princi pal. 'The issuing the executions by the Coinptroll.*r General in this ca«e being the » of the Executive D. jiartment of the .)vernni**nt, having tbe e\cl«.-ive jurisdic- tioii over that ►ubject matter, the Courts have no legal right judicially to interfere with the exercise of that jurisdiction for the reasons allecnl, either »u t ie original bills of the complainant, or in their amended bills, but on the c»*ntraiy, are expressly prohibited irom ill and testament, deed, whether by way trust or otherwise, contract agreement, or stiptilation, or other instrument in writing, or by parol, made and executed for the purpose of effecting, or indeuvoring to effect the man umission of auy slave, or slaves, either direct ly i y conferring, or attempting to confer free dora on such slave or slaves, indirectly, or virtually, by allowing and securing, or at tainting to allow, and secure, to such slave or sfiye*, the right or privilege of working for his, her or themselves free from the cou- trol of the master or owner of such slaves, or of enjoying the profits of bis, her or their labor, or skill, shall be and the same are hereby declared to be utterly null and void.” The complainant’s who were slaves at the time of toe death of the testator arc now seeking to enforce that clauseof the testator’s will which conveyed the two lots of land to Jones in trust for their use and benefit^ This clause of the testator s will must be construed under the law sxs it existed at the time of his death. WhiUt w: have labored to carry out the intention of tmr-tastator, au*l to secure the projterty for the t&acfil of the complainants, if it could be done consistently with the law, 4h11, we aroJorctd to come to the conclusion tbtf the m-nulaftsy^^quircniiffils of the statutes of thill Slaw?wMch must control the ‘question, leaves us no ur^grcuon but to do iha, third clause of Tlip testator’s will aavoid. Theenjoyment%nd control .profits of the two iois of mpd by the complainants as slaves, and the application of lIisprojMJrty to their use and benefit would hav«J>een certainly inconsistent with their* Ion as such slaves, and in tbe very tcc$y>f the provisions of the Act of 1818, which was.tne law of the Htate when the will took effect at the dc»Ui of the tc-Uudir, must, therefore, control our j ulginent in this ca8e;i,*w ♦ ^ Let the ^uogmefll *of 'the §ouit fiSlow- wr affirmed. tyhiitje & Gustia for plaintiff in error. Hammond A Stone and l'inckard for de fendaut in error. E. R. Anthony anti wife vs. Alexander H. Stephens. Refusal of an iujaction, from Biob. WARNER, C. J. This wus a bill fi ed by the complainants against the defendants praying for aa injunc tion to restrain Austin Brightaupt ami his wile Rose, i*ersons of color, from exercising acts of ownership over a certain city lot in the city of Macon, or further building there on on the ground that there is a clause in the deed conveying the lot to Htephens by the luinnnta, dated 5th March. 3272, uu- complainants,, der whom it is alleged the defendants claim title, in the following words, “On the express un ierstanding and agreement on the part of said Alexander U. Stephens, that tbe lot of land so conve; :*d is never jto be sold or occupied by negroes.” We are inclined to the opinion that the first deed executed by 3Irs. Anth »ny to Stephens with the full knowledge nud consent of her hus band, would have estopped him from setting up a claim or title to the land, and that Stephens and those claiming under him ac quired a goal title to the lot as against the complainants under that deed, wholly inde- pcndenl of the subsequent deed executed the 4th March, 1872, containing the allcg«**I re striction. The defendant, Austin Brightaupt, deni *9 all knowledge of the restriction con tained *n the deed of the 4th of March, 1872, when he purchased and paid for tlie lot, anti il appears that he went forward and built h house on the lot before the complainants took any steps to restrain him. The words con tained in the deed of the 4th of March, are words of covenant, and not words of condi tion; and the evidence of the insolvency of the defendants is not at all satisfactory. In view of the facts disclosed in the record of this case, we will not interfere with the exer cise of the sound discretion of the presiding Judge of the Comt below in refusing to grant the injunction prayed for. Lit the judgement of the Court below be afflrrasd- Nisbett & Jackson, for plaintiffs iu error. Lanier* Anderson,for defendants in error. L t the judgment of the Court below be affirmed in both cases D. F. & NV. R Hammond, B. II. mil. Pope A Brown, G mrell * Stephens, Peeples & Howell, and A. R. Culberson, for p.aintitfs jury, and should be heard as upon demurrer, unless strongly and decidedly against the evidence, it should not be set aside on this ground. The same role should govern here us in a motion for a new trial. 3. To set aside an awaid on the ground of fraud in one of the arbitrators, the fraud must be clearly and distinctly shown. 4. Wheie there is a controversy between guardian and ward and “all matters aud things growing out of and connected with s ti J guardianship ” are submitted to arbtra-i tion it is not an excess of authority on the part of lhe arbitrators to cancel by their award a q^irivcn by the ward to the guar dian in his^Edividuul character for money received from him. $f5. To justify a Court in setting aside an $tvard on the ground of mistake, the mistakei whether of law or faet, must be gros3 and palpable. 31 ere error of judgment iu the ar bitrators is not a sufficient ground for setting aside the award, 41st Ga^ 17. ^ 6. Where three arbitrators are selected by the parties and oi9 conceiving hiouclf have been selected as umpire expressed no opinion on the pointa submitted except where the others disagree, bit signs the award with the others, it i^douhirqfcjf the tniS award can be set aside on tff15 ground Cer* } J lima Sdatod r£o#;tion of w hich ou are aware, between ll Impress, the former resnl j arpit ^ witness tfit shoplift own Mkcouduct in ft it be misconduct/' Hestana? ma fnntinir with a tlirrtr Mtta/tttn ZjU this respect, i impeach verdict lo which he 7. When Abiiris filed to enforce a specific performance bf n^corS^n law the defendant attacks tmwward b^*a pi the issues of fact alone should be submitted to the jury under tlie charge of the Court as fcfthe law, and the \prdict, if ilfeet asiqetlits award, should cover all the matters inUkue between tlie parties, qffiiclTwere submitted to the arbitrators, and- for 'lliisspui pose evi dence may be introduced upon the issues which were submitted by the arbitrators. A verdict merely setting aside the award, and going no further, is incomplete, and entitles the complainant to a new trial. Equity having acquired jorisdidtion, will retain it for the purpose ot settling the whole contro- verser. Section 27, Ga. 315. J udgment reversed. A. Reese, A. G. & P. C. Foster, for plain tiff in error. Billups & Brob-.ton, B. H. Thrasher, for defendant in error. The Cape Fear Steamboat Company vs. James F. Torrent, ei ul. Lieu, irom Chat ham. MONTGOMERY, J. 1. An affidavit by an officer or employee t any steamboat, made under section 1969, of the Cotie, for the purpose of foreclosing a lien on such boat for auy debt that the affi ant may have against the owner or lessee ol the boat, must state the name of the j.erson or jiersons owing the debt, as well as comply with the other requirements of the statute. This is necessary lo give the Slate authori ties, who cannot proceed solely in rein iu such a case, jurisdiction. And wiiere the averment is, tuat demand was made upon the agent, it should state that the demand was made, on the agent of the owner or lessee, as the case may tie, aud not ou the agent of the boat. 2. The affidavit being the foundation of the execution issued thereon must confirm to it. and cannot supply its defects. Where the affidavit contains all the requirements of the law, the execution if defective, may be amended so as to make it conform to the affi davit. Judgment reverecd. Jac son, Lawton *fc Bassiogcr, for plaintiff in error. R >bt. J. Wade, Harden & Levy, Hartndge & Chisholm, for defendant in error. Win. Davis and Wife vs. D. W. Weaver, el al. Injunction, from Pierce. m error. N. J. Hammond, Attorney General, for de- fcLdauts in eiror. 3. Mumford v-*. Jam 1 ** F. King, Executor. Complaint, from Wayne. WARNER,C.J. , , _ This was an action brought by the plaintiff against the defendant as executor on an open account The ptamtiff had tiled an affidavit of the payment of tnxe* as required by the Act of 1870. On the trial of the ca*e, the plaintiff offered to prove the payment of the taxes for the purpose of keeping his suit in Court as required by the provisions of thebe- fore recited Act, the defendant objected to his Joing so on the ground that bis testator one »f the origiua! parties to the contract sued was dead. The Court sustained the ob- J. 31. Wallace, Master of the brig Alpharetta, vs. State of Georgia, for the u«e of Com missions of Pilotage of. Brunswick. At- tacmcnt, from Glynn. j, sections 1343 and 1541 of the Revised Code prescribing the punishment of any mas ter of a vessel who sh ill throw or permit to oe thrown from any vcs-cl any stone, gravel or other ballast, into the waters of any bay or haroor in this State, make such an act an offense against the laws of the State, and the guilty party is to be tried and punished as in other misdemeanors. 2 The attachment provided for by section 1544 is only to secure and recover the fine to be imposed upon the convict ion of the offender, and cannot be carried to judgment until after the guilty person has been tried and se.dcnce passed, when judgment may be ta :en «*n the attachment for the amount of the fine uffixed bv the Judge. w . " Harris & Williams, S.B. Spencer, for plain- said to me some months ago: "ji be Napoleon is still a word to cci jure with in France. I say to yon as I t*ve said to others, that France mav expel us Bonapart ism; she may try the Republicans and she mav try the OrleanLts; bat end she will call us back, while we alon^ can save her from cutting her own throat? President Thiers is giving proof that he at^ast believes in the danger of a BonajnutHt restoration, and has manifested this fear hv his recent Arbitrary order for the expulsion of Prince Napoleon and his wife from Frfti.ce. The facts relating to the arrival of Prir'y. Napoleon in France have been furnished v» me to-day upon the very highest au’hoflty. I make the following extract from tbe Titter which I have retched: “It is impossible to imagine a more illegal and ridicnloua step than that ta ken by 31. Theirs against the 'Prince. An Itiperialist plot has been comred up, the «p!e foundation being that tbe Prince and the Princess Clotbilide, their ch'ldjen and suite, openly entered France from Yroyywhere the Prince’s two sons have been at school, produ cing at Bellegarde proper pH.^s^crts regularly vised by the French consulates of London and Geneva. The jjolice at the frontier raised no objection to the entry into Francetif the Prince, wbrse object was to pise** his sons in neof the Lyces near Paris. T# 1 ' police agents from Bel legal de, however, gotTi*jto the same train and into the carriage ne^WiaW Which the Prince and Princess were seated. At 3Ielun the Prince and suite quit ed the train. being met at the station by Ml&delon, form- ile Olitfier, to * erly Secretary to 31 Emile ( whtwe house the Pnnce and Princessjwerc driven in an open’ carriage. The police agents who ought to have watched had, «t seems, con cluded that after passing 3Iaocp their charges were safe for Paris, and hao^one to sleep. Arrived at Paris and awakened the horrified agents found they had lost toe Prince. It was opined immediately by >3L Theirs that ‘ ie party were concealed in-tae house of 3L ..ouher, for which assumption there was not even the shadow of fact, as from tbe house of 3L Adelon the PrHjwe had gone to the house of 3L 3Ianr*j Richard, at Millemont, Seine et OiafJ. There had been so little notion of .concealment on the journey that the Princes* Clothilde had arranged to visit Paris to see some of her former pensioners in that ci’y. A domicil iary visit was made during the night of Wednesday by the Prefect*Jr the order of 51 Thiers, at the house of hi. Rouher, and police agents were alert Lij^very direction. There is not only not the si latest ground for supposing that the Prince IJ^poIeon bin any way mixed up with any t$t of imawrialist project, but on the contrao.Considerable hos- Prince and the^ »Jy refusing to be of the Empress any party to the intib and her clerical friends. 1 I do not fancy that any-of the friends of ■d and 1 uo n<H ianc J u*« «>) , . ’ D i e a Prince Napoleon in France—^aod they are ‘ more numerous and more 4 influential than tjyen perhaps 31. Theirs imagines—regret in the slightest degree this incident. The Prince, when* made acquainted by'the agent of the government with the order commanding him to leave France, replied, V I have entered France in virtue of ray rights as a French citizen and shall yield otnjr to force.” His wife, who also received an order of expul sion notwithstanding X. Tfilers had informed the Permanent Committee that it was only the Prince whom he would expel, made an swer os follows; “I quitted Paris on the 4th of September surrounded ay insurgents, who treated me with the utmost respect. I will be glad to have the fact pul on record thaic the government of 3L TWfcrs is less scruptP, lous. If I am to leave France I slAir do so only between two gen d’armes.” This morning the Pari?'papers contain a protest from Prince Nsisulcon against the order expelling him froi* France, notwith standing tii*-passport JAfjcccived from the authorities on the 10th of October, 1871. The Prince declares he will submit the case to the judicial authorities, but in the meantime, to avoid complication, he will retire from the country. In condemning M. Thiers for the step which he has taken in regard to Prince Napoleon, I condemn him not because the step is illegal, but because it ?a foolish, inasmuch as it is a tacit con fession of his fear of Napoleonic influence in France and of . is disbelief in the security and strength of bis own position. Prince is true, is not only the most intellectual member « f the Bonaparte family, but he is also an artful and an able politician. It is not to be forgotten that he beaded the opposition to the Empcior before Year* r re to pass ere we fhould meet; a. wn a end yawning gulf Divides me from mj love ro sweet. While (ulf—sulf—dnlf—mnlf—stack aein; I cak't got aoj thyme to gu!f. I’m in a gulf myself. 1 j Beforejymph—dymph—ymph—I guess Til have to Beneath my fortune's item decree Mv lonely pplnts sank. For I a weary son! should be. She imrled her dear, lovriy face Within her azure scarf. She knew I’d take the wretchedness As well as (nerf—sarf—darf—haif-and-barf; that won't answer, either.) i raid— ^Booche—m'uche-Joache—ouch! not a hit of it did 1 my ouch!) Uv wrung h»nr hand. My tsars they did ercape. My eorruws they could not command. And I was but a («pe—dape—fspe—<ape; well, par- hapa I did feel like au ape) weet pupil of love’a school; I told her I would e’er be true. with another fellow before I was gone a month. ARCTIC EXPLORATIONS. The Bediscovery of the Open Folnr Sea. The Explorations of Gait. Nils Johnson in the Seas East of SgMerg^ Circular of Dr. Augustus Fetermann. The Flrctiou. Thn Liberal mortment h«» be*n defeated We of tlie. South have made it gallant fight for reconciliation anil constiintionalUnt. The defeat comes from the North. Wo see it claimed that the North thus re jects and spurrs the hand of peace, .-^t the excitement and chaos of defeat,' it is easy to err in judging of ita causes. Tbe matter is settled, and ire hare full insure to indulge in a calm retrospection. The history of all successful anus show that the war party has for a long series held control by reason of its success. The Radi cal party brought the late revolution to an end. It has since enjoyed the fruits of iu great victory. It has in the two National elections since the war ended, cleverly player as its trump card the Jssuet of the war and their preservation, ^bey broke constitu tions to whip the war. They will do so to the end of the chapter to preserve their tri umph. And this while at bottom respecting constitutions and esteeming their real value in res] peace. We should be loth to think that a majority of the people of this country contemn con stitutionalism. Yet the North will violate it forever to ho.d on to the fruiU of that war that cost them its wholesale violation aud blood and treasure to su -h an extent. Let us place ourselves in their place, and e may realize the philosophy ot the Radical successes of 1883 and 1873. The thing that has defeated us has been the Northern appre hension of the evil to result from the return to power of Southern sentiment. Not even the great weight of the brains and patriotism of the Radical party leaders, thrown into the scale, not even the adoption ofagreat representative of Northern sectional soirament could overcome the effect of an adroit, persistent, ingenious, devilish appeal to that feeling of sectional apprehension bated upon and growing out of the wir. And we never can expect to succcd until the 4M0da*M Ptcm Dispatches.] w,vsinrv (}to\. Oc.Ni.lvAL IvUlUitKSv Washington, November C.- Phillips, Re- rromtheNe^orknSil Thesecond instalment of valuable tidings from^MButanding Polar expedhignlkhae just bcetjinadc public br Or. Augustus Pe terman □, of Gotba. The intelligence that now reaches us gives new discoveries in the ng east of Spitzl Arctic Ocean lying caSt of Spitzberoep, and .0*0 northeast of the islands wliiclBJirt ita 'eastern shores. The new vision of^e open Polar Bea, like every former observation of this mysterious phenomenon, will be of uni versal interest. Tbe is a transla tion of Dr. Petcrmann’s circular announcing the facts: TlOW-AND TQ THB. EAST ^>F SPITZBEIIOKN “SfnrE cLosftcftr ' — BXPLORiHX BY CAPTAIN NILS JOHNSON IN AUGUST, 1873. Gotha, October 11,1871. The Polar Search Expedition,'which dur ing the past three years has unceasingly given many and exteneive results, h: s also again in this summer made considerable pro gress, although the first news from the Polar Sea has just reached us. The laud lying east of Spitzbergcn, which for 255 years has.becn danced about upon different posiiigikon the Relied by map, and which for tbe first time Captain Altmann, of JIammerfest, ups' rcachetfcfor the second time by Captain Nils Jojinsotr, oti'jOfhaoe, in August, who lauded upon aud moi^iiiflTowly cxpUfed it... . Captain Nils Johnson sailed mi May SthTn publican, is elected from the Slh New Jcrsev District by S.nso majority. . Lowndes, Ih- ublienn,'is «l.c'. .1 from the Gtb_M- rviaud District by 1.765 ni jurity, New Jersey elech- six Republic m CTugrcss. men, and the Legislature is Republican on joint ballot lhe R:publican majority is about 13,000. Many of tbe Republican members of the New York Legislature are oppose d to Conk- line’s re-election to the Sena* achudder. Republican, is elected from the 1st New York District by 1,000 majority. The Liberals carry but one county in Kansas. St. Louis county, Mo, gives Greeley 3,000 majority. Gram’s majority in Chicago is 8,000. Rice, WooUanu Farwell, Republicans, are elected to Congress. Tbe m joriiy in Illinois is abont 85,003 Illinois elects twelve Republican members to Congress. Page and Clayton, Republicans, elected to Congress from Cslifomia. One hundred and issues of the war are put out of sight, and - . . -»v . „ . . . gentlemen in different parts ct the country the peonies love of Republican m^itutn^s which justified them in their hopes and proi- and constitutional government is lefttfree tiV ptets how fully realized return to its idol. s * The President to-day received calls of con- In looking at the causes of the remjy let us look at our own, agency in it We <lo not know that a calm unanimous Southern and Democratic acquiescence in the Liberal move ment could have made it successful. One thing is certain. The dissatisfiictioiterith!lhe ridai administration was deep and widespread. There was a fine chance to do something to cheat centralism. But whether the times wereri]»for the consummate overthrow of the despotic war dynasty, we cannot know. But one thing is certain—Southern and Democratic opposition, not large, as has been shown by the result, but vigorous and ven- omoim forced the great body ofjthe support ers of tl^Liberal movement into just such an advSSRpf it as gave the opposition the Very cajManhcy wanted to ingeniously per- |hc other members'of the Cabinet would be vert into the effective means of re-arousing into sprightly life the very identical war prejudice and sectional Northern fear, to which we have alluded as being the great obstacle to the restoration of that constitu- idbalisnfi- that Uje'pCOjilc unblinded by war ^ment rally desirej* : f . e sU JBnin this matt^ again in that dispassionate temper requires to seek the the Empire assumed the libel al policy which it ied up to the very moment of its downfall. pursut , „ He gave ample testimony of the sincerity of his republican opinions by delivering in Oorsi- 3I0NTG03IERY, J. The law places tbe granting or refusal of injunctions in the sound discretion of the Judges of the Superior Courts, unless that discretion has been m«nife9tly abused, this Court wilt not control its exercise. We see no abuse of tbe discretion in the present case, iu which tbe injunction has !*eca partially gran led as asked for. Cer tainly none of which plaintiff can complain. l t Upon the hearing of the motio i to m ike an injancion permanent, it is not error in the Chancellor to receive the affidavit of the wife of one of the defendants, in relation to ficts not coining to her knowledge from confidential communications of' her hus band. Judgment affirmed. J. C. Nichols and P B. Bedford, represent ed by Newman & Harrison, for plaintiff in error. L. DL Greanleaf and J. L. Harris and S. B. Spencer, for defendant error. ca that famous speech against his cousin’s poli cy at the time when the absence of that relative left him in virtual command of tli« Empire. He filled his residence in ParL, the Palai lhwal, with wits, whose epigrams were more dan gerous to the Empire than the bombs of Or- sini or tbe plots ot Mazzini. While it may be confessed that the Prince is thoroughly Bonapartist, it is also true that he is thor oughly Corsican. Physically his resemblance to tbe first Bonaparte is almost perfect, and he is one of the most eloquent orators, one of the wittiest talkers, and one of the most cul tivated politicians in Europe. When M. Re- fendant in error. Aaron Smith vs. the State. Accc;sory before the fact of arson, from Gly"» ^Anliccessory before tbe fact to the ciime nan reviewed in bis recent woik the causes which had driven France to itae abyss of Se dan, lie went out of his way to pay a brilliant compliment to the intellectual power of Prince Napoleon. Had it been true that the purpose of his visit to France was to plot with M. Rouhen, M. Thiers would have had more reason f >r his expulsion than the facts of the case furnished him. but by Ids expul sion the temporary President of the Republic confesses that the Republic is still insecure, and must be guarded from any possibilities of attack by acts as arbitrary aod as unreas onable as the banishment of a man who at heart entertains no enmity towards the French Republic, bnt who without question regards with dislike the existing Republic of M. Thiers and the coming Republic of II. Gambetta Piccadilly. jeclion and" rejected the evidence—wherenp- of arson cinnot be put upon bis trial until •n.lhc plaintiff excepted. In our jndgmen-.i a fter the conviction of the principal felon, ■ ‘ rejecting the evidence • f j ., least not without some special reason thevonrt erred in rejecting . . . the plaintiff tut to the payment of taxes 0.1 tie recognized by law, showing why the pnnci- dtbt. The plaintiff was not offered to prove j has not been tried. anything in relation to the contract, or cause t The confessions of a principal felon, as to of action in issue or ou trial, but was simply own guilt, are competed evidence to offered to prove a faet required by the Act ot s ), ow - that fact on the trial of the accessary, 1870 to keep his case in Court, a matter out- - * 1 **■ * side of, and wholly independent of any con tract made with the testator, or the merits ol , ■ he cause of action in issue or on trial be-1 another with the sligtest hope Why He Didn’t Go.—The Superintendent a-ked me to take charge of a Sunday school •• Vou’ll find ’em rather a bad lot,” said he. “They ail went fishing last Sunday but little Johnny Rand. He is really a good boy, and 1 hope hisj example may yet redeem il others. I wieh you’d talk to ’em a little.” I told him I would. They were a rather hard looking set I don’t think I ever Witnessed a more elegant set of black eyes in my life. Little Johnny Rand, the good boy, wss in his place, and J smiled on him approvingly. As soon as the lessons were over, I said: Jh a^rgw-,- froaV-Fromsoe, Norway. lie directed his cruise in June to wards the western half of the open sea, and in the second half of this month, whrn the Austrian exploring steamship Tegethoff had just left the German const, was already some fifty miles cast-southeast of the Island of East Spitzbergcn, in the middle of the usual position of Ute Polar stream, which generally carries an enormous mass of ice towards Spitzbergcn and tbe Bear Islands. In July and August of this summer the ice current held a more catthrly course towards Nova Zemoia and left tbe western balf of tbe sea free from ice, as tbo reports already re ceived from Captain AUinann at the end of August and announced. Captain Johnson,who during July and the first balf of Augnst^had been engaged in whale fishing (not exclusively) rn the broac Spitsbergen' bank, Which reaches from the Bear blonds over four degrees of latitude towards the northcas', l a i ,.t -i- of August 16 pressed as far as 78 deg. 18 min. 46 sec. north latitude and 30 deg. east longitude, and shortly thereafter; came in sight of land, which appeared npou maps in 1817 as Wiche Land, and which was then given as extending from 78i deg. to 751 deg north latitude. The whole sea to the south and east of this land Captain Johnson found entirely free from ice on August 16. On tho 17th of August he anchored near the point of this land in north latitude 79 deg. 8 min., and cast longitude 80 deg. 15 min., for the purpose of fishing and supplying himself with fuel from the immense piles of driftwood which were accumulated along the shore. Landing to explore the land, which he was tbe first to set foot upon, he ascended a mountain near the coast, from which he obtained a view over a wide circuit. He thus discovered that the land musses which, by Captain Altman, had been supposed to be separated by channels into three islands, were ultimately re- uited so as to form a continuous though deeply indented island. There were also a number of small outlying islands. On the evening ot the 17th of August Captain John son again set sail, and followed during that night and tlie two successive d»ya (viz: the 18th and 19th of August) the entire east and southeast coast of,the land which was every- where, as well as the open sea, fur and wide, wholly destitute of ice. The ocean lying to wards tbe east-northeast wss also perfectly free of ice, so far as it was distinguishable from the summit of the hills. Only os the north coast was there any ice. Fuller communications, as Eoon as possible, will appear in the Qeographitche Mitlhciltingm, Miy SthTn 'true lesson of litis second'triumph of central- izetttvur dcs] sHd* Yvishes to* the cr the real conviction? pie of this country. “Boys, your superintendent tells me you . .. . .... j£ lf . went fishing last Sunday; all but little You didn’t go, did you said. tween the panics. The evidence offered was to prove a condition precedent required by the Act of 1370, to enable the plaintiff to maintain his suit in Court. Let the judgment of the Court below be r .• versed. J D. R'lmph, for plamriff in error. J. S. Wiggins & J. C. Nichols, represented by New mj»u & Il unison, for plaintiff in error. _ irhirv tx» the' “That was right. Though this boy is the _ remotest fjAr of injury to voungest among yon » I continued, “you party making Gt ! learn from his own lips words of good coun- The verdict in this case is not supported by ge ^ w foich j hope you will profit by.” any legal evidence. 1 lilted him up on the seat beside me, and Judgment reversed. ! smoothed his auburn ringlets. W. H. Dasher and IL G. Tarver, for plain- *»j*ow, Johnny,” 1 want you to tell these tiff in error. , wicked boys why you didn’t go fishing with Fimon W. Hitch, Solicitor General, repre- them last Sunday. Speak up loud, now. It seated by Newman & Harrison, for defend-, was because it was very wicked, and you had An Indirect v« u*h in Cairo lias been fined f.*r violently kissing the school tnaum. She w;*!» so homely that the Judge said there was ab*f*UiTely ro excuse for him. 3*id a* pomjtous husband whose wife had tto rn up tabiml him and *ive him a ki9S. “Madam, I eon-ddcr such an set indecorums;” “Excuse me,” said the wife, ”1 didn’t know it was yon.” A- a drunker, m .n was staggering along the H 'Wt-ry the other pight, he s ;w street cars passing him with different colored i’ghts, am*, gnxirg at the red, yellow, blue aud greeu lamps, be soliloquized! “I must get out of ILis place. It’* too sickly here. So »itkiy that t*.e>’re running the drug stores ou Wheel i.” Abraham Einstein vs. C. L. Latimer and T. T. Tnigoca. Appeal from Court of Ordi nary. fr»»m Ware. WARNER, J. This c**e came before the Court below on A TUamruL Fic.cius.—Mr. Webster vis it#*d J.*hn Q liccy AtUms a short :ime before his death aud found him reel on a sofa, evident.y ;n dvc'itiing health. Webster re- marked lo Mr. Adams: “I «m gla.; to*ee yoe, sir; I hope you are getting along very we’.L” Mr. Adams replied in the following figura tive language; , „ . . “Ah,'sir, quite the contrary; I find that I am a *-o*'r tenant occupying a hou-e much atuUlere I by time. It sways with every wind, and what u worse, sir, the landlord, as near at | ca? flud oat, don’t intend to make any Repair*.’ ant in error. rather go to Sunday school, wasn’t it?’ , — i “No, sir; it was ’cos I couldn’t find-no John B. Lewis vs. John Armstrong adminis-! worms for bait 1 t rat or et al. Injunction, from McCAY. J. Where a judgment was obtained against * *“ J *' The true girl has to be sought for. She herself as show goods. Bhe Nqmtkatiosb ih DeKalb.—The following is the result of tbs Democratic nominations for coun ty offleen in DeK&lb connty on Tuetdsy: Sheriff— John Baxter—977, (no opposition ) Clerk Superior Court—Hiram J Williams, 597; J N Hawkins, 303; Horst, 45. Ordinary—J BSteward. 863; WSWebster, 801; IH Smith, 503; Dr Collier, 125. Treasurer—Robert Jones, 497; G ARamspeck, 249 J N Pate, 169; Wilson. 16. Tax Collector—H V Bayne, 229; P B McCordy,297: W L Born, 107; Marshbom, 113; J O Johnson, 96 W Gibson, 141; Adams, 95; Robeson. 12. Receiver Tax Returns—C W Johhson, (28; Veal, 310; JM Smith, 145. Snrvsyor—E N Kittrldgc. Corner.—W Dickerson. Nominees Sheriff; Baxter; Ordinary, Steward Clerk, Williams; Treasurer, Junes; Tax Collector, Bayne; Tax Receiver, Johnson; Surveyor, Kittridge Coroner, Dickerson. Really. It wss a hard matter for the Democracy to decide, aa ail the candidates were good men and true. The people seeing the danger attending Independent candidates and sernh races, resolved to hold primary elections in each district, and the candidate receiving the highest number of votes in the connty weull be declared the nominee and supported by a 1 the other*. *1 he party has spoken, and ha* selected from a boat of good men her nominees. Major John B Steward, the nominee fur Ordinary, is a young man of fine natural ability t a self-made i a sterling Democrat. He will fid the office weU. He will have for clerk, L A Sirmona. a lawyer of acknowledged legal ability and enlarged expert- Tbe True Girl* an appeal from tits' Court of Ordinary. Em- the makers of a promisory note and one of ] The tree rirl stein applied for lexers of administration on! them appealed to a special jury giving bond | does not parade 1 Zne letters of administration oflered in evi-1 misses the suit pending on the appeal against i showv things outside were really women. If deuce the notes of the intestate, and a cert:- j the maker. i you gain her love your two thousand are a d copy of a mortgage from the record j Held. That on a bill filed by the endorser; million. She’ll not ask yon for a carriage or (having accounted forthe loss of the original) I to enjoin the judgment againsthim alledging aiirst-clssshouse. She’ll wearsimpie dresses, or the purpose of showing that he was a! these feels and claiming to be die-; and torn them when necessary, with no •redilor of the intestate, wnich was objected! charged by this act of the plaintiff, in vulgar ia.igmjkat to frown upon berecono- ,, bv the caveators on me ground that no; dismts-ing the suit on the appeal and thus my. She’ll keep everything neat and nice in agjdiivn Usd been filed that ail legal tax-vs hod \ loosing me lien of lhe tir.t judgment, and the | vour sky parlor, and give yon such a wel been paid on the debts, which dtjectioa wss i security on the appeal, it' was error in the; come when yon come home that you’ll think ----- - - •• * •*— —etion until the yonr parlor higher than ever, bhu’li enter- n mined hy the Coart, and the evidence re- j cel; whereupon the appellant excepted. Tue r> jection of the notes and copy mort gage wnen otT rei in evi tence to snow the i ti.eb'etlness of the intestate to the appellant, bxanse there wss no affidavit that the taxes uue tnrreon had been paid, wss manifest ere .-or There wn no snit on the notes or Mortgage as contemplated t>y the Act of ls70 requiring an a!fi tavit of the payment of taxes. The cotes and mortgage were offered in evidence to show that The appellant was a creditor of the intestate. There is no law forty precincts, outside of the city of San Francisco give Grant 6.73’t majority. Both parties claim Virginia. Returns from Alabama meagre. Both parties still ciaim Louisiana, though the Liberals regard their success almost cer tain by 10,000 msjority. Florida is also claimed by both parties by a very small majority. Indications of IO.OjO msjority in North Carolina for Grant. Dispatches from Nashville indicate May nard's election over Cheatham and Johnson for Congressman-a> largo. Greeley run behind the State ticket In Florida. _ Immense Republican gains in every sec tion of Virginia heard from justify the con clusion that Grant has carried the State. The Republicans claim it, and but few Democrats hold out in claiming it for Greeley. president grant’s views. Those who have conversed with the Presi dent and his more intimate friends, in Was- ington, during the past month wHl remem ber that they uniformly predicted such a re sult of the-Presidentiiu election as has juat occurred. They seemed to poscss data from A sojourner in Washington, who ha* gone home to Ohio to vote, writes: ”Not being able to vote for President In the District of Columbia, residents in Washington, especial ly the employee’s of tbe Government, have retained their citizenship at their former homes.” This is to be taken with allowance. There are a good many employee’s of the Gov ernment who have, in time past, voted here and who Mill go home to v te for Pro idenk Two yean ago there was a strong demand on the Administration side for votes to carry the District, and on that occasion, under the gentle solid tat loot of thicr superiora, a Urge number of the subordinates of the department registered and voted in this city, who are now on leave to vote for General Grant, precisely >a if they had retained their former citizenship Of course when they rote they commit a crim inal offense. How they square it with their consciences passes understanding, though it may be they adopt the commands of their superiora in lien of that article. They were ordered to vote here, and they voted; they *ired to vote there, and vote they if they were ordered to go any- else to vote, doubtless they would obey. It it gratifying to know, however, that measures have been taken to detect these gentlemen of duplicate diizenihip. gratulation in addition to telegrams ofgreet- ing, and also announcing timwcsulL He ex pressed thanks to his guests for these mani festations of friendship, and apart from the political issues involved be was gratified that the people haiLyiudicaled his private charac ter which had qgp assailed daring the can- That there will be at leat-one change in the Cabinet at th^commcncement of the next Presidential term there in no oueslio J It is known that Fish oiten expressed im^vish to be relieved from the position of Secretary of State. This desire will be gratified at the end of the present term. There is no proba bility of n change of Attorney General Judge Williams recently remarked to his friends that although he coulo lisve r been elected Senator from Oregon, he declined be ing a candidate in order that be might remain in his present office^There is gop4 reason for stating that anvTTmarks will mere speculation. But it may he said that the commissions of all of them will expire at the close of the present term, thus neccssttat ing new commissions to those serving rs Cabinet-officers after the fomlh of March,' next * It is too Wily to anticipate the President’s action inv lift fufthe concerning reforms and'.rter.sjreaJimadmUfstrjtion furthi-r thanriis inlingp^tlo-day that he woald' en deavor to so shape his official conduct ts to meet the expectations of Ute country, and lo unde the peo do in stronger bonds of peace, while, by ail means iu his power, promoting their welfare at home and abroad. with maps and charts illustrative of Captain Johnson’s exploration, and also of those Just made by Captain Altman. Among the most important, discoveries made by Captain Nils Johnson were tlie fan na and flora of these far northern lands. Bi nts, seaU and reindeer abounded, the latter of remarkable fatness. The immense iongi tudinal piles of driftwood, which ran along the eastern coasts some twenty feet above the highest tidal mark, are suggestive of the cur rent conditions of the Arctic Ocean, and also of the meteorologic and other atmospheric commotions in Ute “icy seas.” THE PAYER-WEYPRECUT EXPEDITION. Dr. Peterman has received information from tbe Payer-Weyprecht expedition, dating from the 16th of August, when it was near the Bear Islands, in 76 deg. 17 min north latitude, and 80 deg. 41 min. east Iongi : tude. The expedition found immense mass es of thick ice—since it is driven to the west half of the sea—but Payer wrote, “For steam easily penetrable.” ‘ Although,” Dr Petermsnn concludes, “the expedition first strived on the 25lh of Jniy at tbe ice barrier, in 7i| deg. north latitude, and 48 dig. east longitude, it was enabled by the 16th of An- gust to make its way to its p -sition in sigh; of Cape Nassau, at least *29 leagues in straight line. The Vote in Atlantn. It will be curious to notice the vote in Ful ton at tlie election on the 5th, and compere it with previous votes. If there has not been in reality any repeating by the Graut party, that party has made a surprising jump in numbers. The total vote polled at Governor Smith's election in Atlanta and West End wss 4.1S3, of which Smith received 3,649, and Walker 1,472. The total vote polled at this elt etion at the two places is 4,858. of which the Demo crats polled 2,051, and the Radicals 3,807. The whole vote has Ifcea increased 719. The Democratic vote has fallen off 598. The Rad ical vote has increased 1,335. Smith’s ma jority was 1,159 at the two places. Grant’s majority is 756. In the Denftcratic vote we include the Greeley and O’Coeor votes. In the connty the whole vote at this elec tion is 5,039. At thq Smith election it wss 4,366, an increase on the whole vote of CGI. The Democratic vote now in the county is 2,.23 or a falling off of 733. That is, 733 Democrats staid at home end refused to go out and help elect a Democratic Congress man. The Radical vote in the county at Smith's election was 1,510. This election it was 2,887 or an increase of 1,327, almost doubling itself. There is the best ground for believing that bold and large frauds were perpetrated to make this increase. Glenn was beaten hy Freeman 518 votes in the county. This' is the fruit of the fraud. Glenn got 451 mere votes than Greeley, Of these 318 constituted the “Staiehl" vote all told in the county or abont one-seventh of the Democratic votes polled, or one eighth of tho Democratic vote for Smith. * Only 70 more votes were polled for Con gressmen than for President These were the Democrats who voted for Glenn and not for Greeley. It will also be seen that the vote for Grant 2,837, was almost np to the vote for Smith, 2,858, in the county. While the vote for Grant in Atlanta and West End, 2,807, is larger than Smith's vote, 2,649, hy 153 votes This shows the Radical fraud to be un doubted. By voting the entire Democratic vote polled at Smith’s election, wo would only have beaten Grant and Freeman 19 votes. But 600 Democrats staid at home and did not vote, tliU9 giving the election to the Radicals. Freeman rau behind Grant 63 votes. The same Democratic vote that was given to Smith would have enabled Glenn to beat Freeman, fraud and ail, 82 majority in the connty. The resnlt is simply a shame to the Atlanta Democracy. The party has to thank itself for its defeat in the county and city. But it must be admitted that many went to vote and become so disgusted at the Radi cal pressure to absorb the polls that they left. But men are not excusable in thus giving up an election. REBEL BELLS. Tito Curious Histuty ul tire Bells of Sc. Micitaei’s iu Charles ton, South Carolina. A Touching Episode. Mr Bayne, the nominee for Tax Collector, baa been tried m that position for rome time and ia the r ifht man in the right p ace. And au of Wiliiam* the clerk, Kittridge the Surveyor aad P>ckren*c-n th* Ct a«rlord W Johnaon, the nominee for T. x Receiv er, thourh labonns under phyrlea! dirquv dcAtiona unfit ing him for active lab t. is well qiuijitd to dis charge the dtitle* of that office. JuJzenot to grant the injunctii bearing, tbe answer not denying the ftets ex- tain true friends on n dollar, and astonish ct-pt by hearsay, and in efiect admitting that! yen with tbe new thought how very little The Tribune trustees still vote Greeley his salary. Bennett of the New York Herald ia en gaged to a Washington Belle. Mrs. Grant recently gave her father a din ner party upon his 87th birthday. Henry B , son of Henry Ward Beecher, tell* lumber at Albany, New York. Her. Isaac Prince has been pastor of a church at Amsterdam, Holland, for the past seventy years. . ! a poor fashionable society that thinks itselt j present at the preaeti! >r. rich, and vainly tries to think itself happy.; Stales Snpr**me‘Court bn* will a tend the Dc- JUDOR **T*'RY 1" i*ETIKE.—Judge S*Oiy has written •* l**m- statir<g bis inability to U term of tbe Unit**d the salt had been dismissed. ! happiness depends on money. She’il make Judgment reversed. \ you love home, (if you donYyou’re a brute.) W. A. Hawkins, S. Hall & S. Rodgers, for j and teach you how to pity, while you scorn, plaintiff in error. ‘ - Joseph Armstrong, for defendant in error. ... _ Now do not, I pray you, say any more, “I j reraber term He will retire in April n- xt. Reid & McFarland vs. T. D. Flipper. Com-; can’t afford to m irty.” Go find the true wo-1 after a jnd?c^»l service of over fifty year*, ol plaint warraniy, from Catoosa. 1 man, and yon can. Throw away that cigar, | which the last twenty-*even years have been McCAY, J bum up that switch cane, be sensible your- spent upon the bench of the bailed StatesSn- Mere delay by a creditor to sue the princi- self, and seek your wife in a sensible way, preme Court ‘ Mrs. Peligru Carson, the daughter of the late distinguished James L. Petigru. of South Carolina, contributes to Aopieton’s Journal, an interest ing account of o' l St Michael's Cburcb, and the chime of bells that once sounded in its steeple a carillon as sweet as floats from the spire of Antwero Cathedral These bells were connected with the Revolu tion, but, having escaped the perils of tbe siege of Charleston by the British in 1780, they were destroyed nearly a century latCr by a mischance of the war of secession. But we must let Mrs. Carson tell the story of llieir fate after Sumter; “Time went on, and Charleston behind her de fense of sand resisted all the efforts to car ry her. During the five hundred (five hun dred r.nd forty-six) days of bombardment, all tit? lower part of the town h«d to be aban doned. Houses and churches were shattered, the cannon balls tore up the very graveyards, and tbe bones of tbe dead were scattered. Yet the spire of Su Michael’s was untouched. Perhaps tho cannoneer tried to spare it—per haps good angels, guarded it. But what ueilher tho malice of the enemy nor the -pile of fori uue did, the people themselves effected. For the bells were taken down and sent to Columbia, to be cast into cannon. Gen. Beauregard, perhaps shocked at the de secration, pronounced them unfit forthe pur pose; and the fate which heaped up at Col umbia for safe-keeping everything of value in the Bute, there detained the bells also. Then Sherman’s army passed through, leav ing its track of lightning. A party of half drunken soldiers, ont for a lark and for plun der, were accosted l»y a negro who offered to show them tlie hells which had rung in seces sion. ’Never,* s-dd the men, ’shall they play that tone again,’ and they smashed them into a hundred pieces. “Sad was the return to the desolated homes and the meeting in the dumb church, to which no miracle might now restore the voice ot the chimes they loved. “But they were men of pluck still, and, as soon as they bad shaken themselves up and provided for the first pressing needs, they re sol veil to tax themselves to the utmost to get a new chime. “Scarcely had tlie rector bread, and the vestry and congregation were all very poor, but they wrote to O. IL Priolcsu, of London, to inquire the cost of a new set. This gen tlcnmn had lived so long in England as tc have become almost an Engifchman, with a fair English wife and bluff handsome Eng lish children, bnt his heart siiired at the re collection of the dear old voices that had called him to childhood, and he undertook the task with a hiving zeal that brought abont the mo6t surprising results. There was no record at Charleston of where the bells came from. But Mr. Prioleau searched the directory for the oldest founders of the city, and went from one to the other, until at Mearcs& Co., Wbi’.e Chapel, London, a firm which has been in existence three hundred yean, be found, by patient examination, the record of t^.lI. a*.tit f.i- Cl M lnlini.l’a Olinml, f L..1 Telegraphic Profits. The Western Union Telegraph Company has $27,311;600of stock. On the 30th of June 1872 it bad 62.C32 miles of line with 137,199 miles of wire and 631 offices. It employed 8,347 operators who last year sent 12,444,495 dispatches, or an increase of 1,778,423 over the year before. The gross receipts were $3,4)7,095 and expenses $5,666,863, leaving net profit $2,770,232. Tbe business increased over the previous year, $819,646 in gross re- ceipts, $561,075 in expenses and $257,570 in net profit*. For six yeais its net profits have been $17,- 116,694, or nearly three millions a year. Of this amount $4,850,879 was given in divi- ends, and $! 0,361,412 spent on new lines. Who wi ! say telegraphing is not a profita ble concern. Let ns have more lines and cb-aper teh-eraphing. Cheap telegrams are the necessity of the see. We are in a position, says the Paris Temps, to complete the information in relation to the reconstiuclion of the Paioceof tbe Tuileries. The plans drawn up during the Empire will be carried ont for that pan which skirts tbe Rue de Rivoli, and thus the Pavilion de Marsan will he rebuilt on the model of the Pavilion de Fiore at 'he other angle; while as to the Pavilion de l’Horloge, it will be erected in conformity with tbe design of Pbiiiben Delorme, and be surrounded with a wide passage, as in the time or Marie de Med-cis; the wings of which nnite it to tbe the psvillions at tbe comers of the Rue de Rivoli and tbe quay will be repleced by gal- leries with arcades, which the public may pass through to go from the Msec do Car- rousel to the garden. We may add, (bat if the principle of this restoration is decided on, in the mind of M. Thiers, with the reserve of the assent to be given by the Assembly, the works will not be undertaken before tbe complete recon straction of the Hotel de Ville and tbe Coun cil of State. To explain the interest taken by the president of the Republic in the fur- Accid*kt—While the bands engaged in excer tin* f‘«r th* foondtriora of Mark W. Johnson warehouse, on Torayth ttrret, were at work* hvge har.k *’f clrt that wan beta? undermined, rnddenly gars- w*r and e «c?ht a negro man named Charlea be neath it. Uia thigh «u broken. He wu promptly cared for. bells cast for St. Michael’s Church, Chsrli ton, S. C.. in 1759. The proportions of the metal, and sizes «>f the bells, were entered in the books; and the present Meares encaged to turn out a new set, which, when hung, should make the Charlestonians thcraselve.- think they heard their veritable old bells But Mr. Prioleau was not content with this. he wrote back to ha\e all the fragments that could be found sent out, and thi* was doi e. Meanwhile, Meares found still in their service an old man of seventy-six, who had been apprenticed under the very fore man who, mere than a hundred years before, had cast those bells; and he, stimulated by Prioleau’s generosity, never res’ed till he brought to light the very original molds for for the castings. Into them the new metsl was melted with careful distribution of the broken fragments, so as to make the illusion a reality. All that was wanting to make uo the cast Mr. Prioleau added, and the reward of his perseverance$nd generos ity was to send to the vestry these new bells, which are the very old ones still. Again did tbe congregation with tears and thanksgiving receive the bells from this their fifth voyage across the Atlantic, and hang them up in St. mer of those edifices, tbe charge of which belongs to the Municipal Council, the fact must be borne in mind that 31. Thiers antici pated the formation of a Second Chamber, the seat of which would naturally be at the Luxembourg, and this could not he before the Prefecture of the Seme and the Municipal and General Councils have re nn* d po**»-s sionof their offices in the Ho.el de Vtlle. OUR WASHINGTON LETTER. Jnst before tbe Battle, JKetber— Grant’s Confidence—Clam To- tors—Radical Beu- Flsh to Stick. iTito .Epizootic—Items. Washington, November 4,1873. The Capital is well nigh deserted. The Clciks have gone home to vote by the hun dred, and business in the Depot t men ts is sus pended, not to be fully resumed for at least a week to come. Most of the Cabinet officer* and Clerks of Bureaus in the Executive De triments have also gone to their respective ates to vote for President to-morrow. Secretaries Belknap and Delano left Friday; Secretary Fish and Judge Richardson, As sistant Secretary of the Treasury, took their lep:u-iure on Saturday; while Postmaster Gen'-r&lCrcsswcU will remitiu in Maryland, and Secretary Robeson in New Jersey until after the election. Owing to the great dis- t nee Attorney General Williams will not be able to go to his home in Oregon to vote. The friends of the President assert that he is not at all nervous, and very confident as to his re-election. He has a sublime faith in hit “lurk.” Senator Wilson bad an interview with the President on Friday la t, and as sured him that on accountof the 15.090mile* of travel and the 123 speeches he, Wilson, had fade, the Republicans would carry every Northern and Western Slate on Tuesday. tin vauant, it will be remembered that Wil son is an ass. FRAUDULENT TOTES. RADICAL BETS. I hear of beta hy firm friends of the Ad ministration on 80JKG majority for Grant in New York, 80,000 in Pennrlyvania, 20,000 in Virginia, 7,000 in Connecticut, aud 10,000 in Indiana, The amounts stoked on these opinions are, however, very small, ranging In value from twenty five cent cigars to “drinks for the crowd.” Several Democrats accepted bets of cigars, but were not so lnw in self- respect as to negotiate bets of drinks. Tho bet were altogether between Radicals hold ing different opinions. TUE ATTITUDE OF THE SOUTH. The Sunday Herald of thi* dty In yester day’s issue attributes the loss of Pennsyl vania, Indiana and Ohio to the stoy-at-bome and sold out Democratic vote. The Herald ia the leading Democratic organ of Wash ington. Of the South it says, in the course of the article above referred to: ‘The attitude of the South in this contest i been most admirable. It accepted a plat form at variance with its long cherished opinions, and a candidate whom it had re tarded as a life-long enemy. It turned its back upon the past, conquered ita prejudices, and extended the hand of amity and cordial good-will to the Conservative and Liberal Re- lublicans of the North and Weak Nobly has t met all its engagements, redeemed all iu pledges, and that it will do its dnty on Tuesday we have no doubt The Liberal Republicans are also due full meed of praise. In the ehetiona already held in New Hampshire, Maine, Pennsylvania, Indiana and Ohio they polled their full strength and did their work nobly. Wc say this the more freely aa certain Democratic journals have done less to bring out the votes of their own party titan prove our Liberal allies in default The returns of the late elections show there was no delin quency on that side. Had the Democracy done aa well, Grant would not cany more than two States on the 5th instont” FISK WILL STICK. It is now very well understood thatUmre cent reports of Secretary Fish's intention of resigning are as completely bogus as were tho trevious rumors on this subject The best- nformed opinion is that if Grant is re-elected Mr. Fish has a better prospect of remaining in the Cabinet during tbe entire term than any of the present Executive atlvi«cts. Grant don't want Fish to resten; Fish him self don’t want to resign; and the public at large don’t care “a Continental ml” whether he resigns or not It has been stated that Minuter W tali borne would succeed Ur. Fish, hots special dispatch to a New York paper ft, health of Minister Waaltliarne and bis wife is such as demands that he should live abroad, and for this reason he docs not desire to return to the United Htates. His l< sve of absence extends to the middle of next Jan uary. but he exoecto to rem-oia here until af ter President Grant's inauguration. It is said that the President would gladly hatro Mr. Washburne in the State Department if agreeable to his wishes. Ur. Fish, on the other hand, it ia alleged, is fortifying himself to remain in the Cabinet c second term. He is preparing a history of Ute Alabama claims through all their ramifications in farther vin dication of his management of our ( relations duting President Grant’s term. PURE ROMANCE. One charming little practice of certain ournaliatic pen-drivers in Wellington is to nvent romances, when fee s are scarce, with which to startle the countty. Two of these are now in active circulation through the press. One marries a poordtng clerk to a widow possessed of millions; the other makes the daughter of aristocratic parents fall in love with a Comanche Indian. Thera was a clerk in a drag stoic who married a charming widow; but the wealth ia imag ined; while the only foundation forthe In dian romance is in the admiration expressed by a chief for the pile of hair on the head of one of oar belies. The infatuated Aborigine did follow tbe young lady, and was found at night loitering about her father’s premises; bat, when ar rated, be said he wan'd ''big scalp, much, ugh!" General Walker immediately purchased the savage a full suit of hair, and he is satisfied. THE HORSE DISEASE prevails here very generally, though in a mild I orm. But two deaths have been reportol, and these were old horses. The street can stopped running yesterday, and in conse quence the main streets are unusually crowd ed to-day with pedestrians. All of the Pres ident's horses are sick, as are those belonging to the Treasury Department which had eight negroes employed todav drawing a light wagon for carrying the mails, civil monra. A restaurant keeper of this dty has been fined $100, and bad his license token away, for refusing to sdl to negroes. When the law first went into operation he did sell to ne groes, and consequently lost his white customers. Finally his bnsinest was going from him, he adopted a coarse to protect his interest, with the shore result In tbe trial it was proven that tbe party who was the prosecutor hod refused to comply with the printed rales of the es tablishment, which required payment in ad vance for the articles ordered—a role which the proprietor had a perfect right to make. THC aXKATOBSBir. Among the name* brought forward in con nection with the election to the United stoles Senate of a successor to Mr. Hill, there Is none which finds more favor here than Gen. J. B. Gordon, who has many friends and admirers in this city. PKKSONAL. Thomas Morgan, Esq., of Augusts, ia ir in town. Tommy Hauck. Hew Vtctsrta Waodhnll Leeks, Precisely on time, Vicky appeared, seem- * >m the bands of Theodore Til- Michael’s steeple. “ May they never again be removed by the rough hand of war, or ever sound aught but peace on earth and good will toward menl” Con uu Mall ties. A shrewd old woman compares her has- hand to a tallow candle—he always spatters and smokes when he is put out. A lady asked a sailor, whom she met, why a ship was called “she” The Tar replied that it was “because the rigging cost more than the hull.” “Mr. Jones.” said Mrs. Jones, with an air of triumph. “doVt you think marriage is a “Well, yes,” growled means of graceF* As will be seen, M. Thiers, after having rem-1 Jones; “I suppose anything is a means of edied the moral decay of France, ia actively I grace that breaks down pride and leads to engaged in repairing its materia] rains, repentanco” ingly fresh from t ton’s barber, and attired in a tort of undraw uniform, consisting of a black skirt with flounces, an over-skirt, which was a sort of compromise between a swallow-toil and a long postillion, completed by a tight-fitting oroaddoth jacket, licra collar and cuff., and a slenderetreak of shirt bosom. This attire was not altogether untasteiel, hut rather manish. Her voice strikes one as disagreeable, being thin, and with a quivering, querulous uncer tainty in the higher tones, qni'c at variance with her pronounced decision of sentiment. A few lessons in eincuti -n wouldn’t hurt Vicky, who never was in her tenderer years subj -cted to a phonetic course. Her face ia in tel ectual, with a wide mouth, thinly chis elled lipa and pale complexion. She baa a low, broad forehead, from which she often pushes her hair back nervously, as she prances about the stage, a fire with energy and enthusiasm. Her eyes are large and black with a sort of nsurhty-necromancer look alxiu'. them, characteristic of the clair voyant and spiritualistic school to which she belongs. They are just the kind of eyes to send little shivers running down your back, with the seeing of spooks and devils whoso 6 oximity you wot not of. [INDISTINCT PRINT