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THE DA IT A 7 SUN
Wednesday Morning September 13.
The Constitution.
We regret to see that our remarks on
Monday morning have thrown our neigh
bor somewhat off its accustomed enuanim.
“wise men” of whom you speak, like
yourself, only accept tha situation. Is
not militafy despotism one of the legiti
mate results of the war of coercion?—
Hove yon not aequiesce&in thelegitimate
results of the war? Have yog not in
dorsed the “New Departure” and accept
ed the situation? What right then, have
you to complain of the enforcement of
martial law in the reconstructed States of
the South, when it is necessary, in order
Oysters have appeared in the Savan
nah market^ a^d Estiil jBaya he cannot
that 1
shell.”
}' onght not to
TWO BUROLABS ARRESTEp.
Recovery *f Stohn^foodl.
•. ===&==
ity. It seems disinclined to any discussion
of the issue made, upon its merits, hut is j to secure the re-election of Grant and the : ^awpued
rather disposed to indulge in a few words
that are somewhat hard in their nature,
persuade
sleep “on a
On Satur&y night, a flat belonging to t Wemen ti 0 ned yesterday noming that
W. It. Pritchard, Esq., loaded with oak 1 , w p_v OT1 nri
wood was sunk when off Venus’ Point, Ike clothing 6 * ’. ,
during the heavy storm which prevailed j Whitehall Street, had been burglarized
at the time. Two of the hands on the I night before, and a considerable
flat, John Taylor, colored, and the other 1
white maD, name unknown, were
a poition of the stringers had been deliv
ered and jaaid for:
Held, That a witness who knew of the
existence of the contract only from
hearsay, might testify, that the stringers
were delivered and paid for under the con
tract, since this is no more than to say
that they acted on what they claimed or
supposed to be a contract. The evidence
does not go to show that there uns i^con-
nnder fi. fa. against N. F. Walker ,i
fendant, praying for an injunction to r
strain them from prosecuting tlieir re
pective claims to a homestead on the p, i
so purchased. The bill alleges that hT
defendants are fraudulently combiui
together to obtain homesteads odthewf
for the benefit of N. F. Walker -
the defendants, the other defendant 0
find to give Mr. Stephens some voluntary
.advice, and such like—all of which, we
respectfully suggest; was unnecessary—
though it may not have seemed so to the
editor when rating what lie did.
We did not, in our remarks, indulge in
surplus adjectives, and shall not now, and
do not intend hereafter, to use any epi
thets or unseemly terms.
The Constitution qiioteS only the final
paragraph of our article, in which we
expressed surprise at its using cer
tain language, and comments - some
what sharply on • that—giving
its readers no idea of the tenor
of our remarks, or what doctrines or
teachings of that journal we were contro
verting—utterly ignoring the principles
involved in the issue.
If we understand that journal correctly,
it is on the “New Departure” line, and
desires the Democratic Party to incorpo
rate that fatal heresy into its creed. We
undertook, by what we believe to be fair,
courteous argument, to show that sneha
course would inevitably doom ns to de
feat and secure the ruin of the party for
ever. Why did not our neighbor meet
these arguments ? Why manifest some
temper, and not even give its readers the
least idea of what our arguments or
views were ? Why turn from the prin
ciples involved, and try to shelter itself
by raising issues rather personal than
otherwise, and wind up by rejoicing that
.Mr. Stephens’ initials were not attached
to tho article, and by gratuitously advis
ing him to “train his subordinates ?”
Wonder if tho editor thought there was
much argument in all that? Did he be
lieve he was demolishing the facts we
presented? Wonder what were his re
flections, when, simultaneously with the
appearance of his editorial, The Son
contained an article with Mr. Stephens’
rinctials attached, in his own peculiar
.-style, conclusively demonstrating the
correctness of the arguments and posi
tions assumed in the editorial which sc
i much disgusted and irritated our neigh
bor ?
We repeat: This New Departure is not
' Democracy. It is intended to defeat and
.kill the party, which its adoption will
'Certainly do.
Neighbor, quote the World’s article
about the California election. Have you
seen it? Mr. Marble whines over
tho defeat of his pet Departure, and says
ibe election there cannot be fairly “con
sidered a test of party strength,” be
cause, forsooth, the Radicals had a com
pulsory educational plank in their plat
form—the very thing to make it objec-
1 ionablo on a local issue, if it be such as
Mr. Marble represents it to be.
We advise the Constitution to copy that
-article from the World.
perpetuation of Radical power, nmtL Q t . , _ r
the most important of the “legitimate r «^t to learn that our friend Mr.
results of the war. ” Bernard Mallon, who has been so long
People who surrender the Constitution ,vffectn eU identified with the ed-
rnnst expect the sword. The CQpfifes [ neational interests of Savimnahyhas sent
mnst be governed by one or the other.
From the Madison (Ga.) Appeal, 0 Sept. ,1871.
The Fraudulent Amendments*
Our Position.
The arguments of the Hon. A. H.
Stephens and many other able and true
Democrats, against the validity of the
Fourteenth and Fifteenth amendments,
are so clear and powerful, indeed, tlieir
fraudulent character is so patent, that it
seems to us impossible that any honest
mind can resist the conclusion, that tliey
are the base born issue of usurpation and
violent party spirit, or the worse form of
fanaticism, or that they are the delibe
rately arranged stepping stones to con
solidation and monarchy.
Yet the Republican party has the un
blushing hardihood to proclaim this bas
tard spawn, the legitimate results of a
war waged for the ostensible purpose of
preserving the Constitution, and there
is danger that tbe Democracy, long
the faithful and zealous champion of the
true faith, which is liberty, and which,
like a pure maiden, shrinks from the
contaminating touch of things unclean,
will acknowledge that they were con
ceived and brought forth in the proper
manner and form, and are worthy to be
associated with the noble results of the
pure patriotism and tried wisdom that
characterized the better days of American
politics. This is what is called the New
Departure, and in our judgment, but two
greater calamities are impending over the
country: one the triumph of Radicalism,
and the other the disorganization of the
Democratic party, and but few greater
evils can befall any people than these
three.
in his resignation as Principal of the
Girls’ High School of this city, for the
purpose of accepting the position of Su
perintendent of the Public Schools of
Atlanta. This news will be received with
sincere regret by those with whom Mr.
Mallcn lias for so many years been asso
ciated both professionally and socially;
ind his removal to Atlanta will be a very
serious loss to the city. To none more
than to Mr. Mallon is the present effect
iveness and symmetry of our Public
School system "to be .attributed. He is a
thorough scholar and a clear thinker, and
combines, in a very rare degree, those
[For the Atlanta Sun.]
RAILROAD ACCIDENTS.
Tlie
Responsibilities
neers.
of Engi-
Thc Sword Unslieatlied.
Rome, Ga., Sept. 9, 1871,
Editors Sun—I have long been pained
with the frequency of newspaper para
graphs attributing to engineers the re
sponsibility for the many railroad disas
ters that are occurring in various parts of
the country. Nine times out of ten the
blame is laid upon the engineer, and, if
reports are to be believed, they are the
most careless and reckless set of men
that ever held responsible positions. At
tbe same time the conductor is held up
as a model of attention and devotion to
the safety of his passengers, or for some
act of bravery or kindness. I make no
quarrel with conductors, for theirs is a
responsible position; hnt my aim is to
say a word in favor of tho much abused
engineer.
I have served in both capacities and
allow me to say that the greater respon
sibility of the two rests upon tho engi
Does the sleepy passenger ever
A late issue of the Washington Patriot,
a “ New Departure” organ, has the fol
lowing, alluding to the heretofore an
nounced determination of Gen. Grant to
declare martial law, and suspend the writ
of habeas corpus in a portion of South
Carolina:
At last tho piece of dread artillery;
which the engineers of mischief and mis
rule loaded months ago, is to he fired,
and its sullen boom will be sadly or care
lessly listened to throughout the land.—
Martial law—the will of the soldier as
the rule of action—is to be proclaimed.
Xt strikes ns with positive awe, not re
lieved by tbe indifference, amounting to
stolidity, with which, in Rtrtain quarters,
the intelligence is received. That the
broken-spirited white men of the South,
with their memory overcharged with sor
row, after what this administration did at
New Orleans and elsewhere, and what its
special adherents wish done everywhere,
•should be apathetic, is intelligible enough.
Their agony is none the worse for being
sharpened.
That even the quiet, reasonable negro,
with his limited education and confused
perceptions, should regard it with indif
ference, is equally natural.
Ignorant of the old order of things, he
is careless of the new. The sword and
the bayonet he has been taught to think
were the instruments of his deliverance,
and he is quite as willing to have his
rights measured by them as by what old
Coke so grandly calls “the golden mete
wand of society”—judicially expounded
law. A master’s rule is natural to him.
_ But that which does pass comprehen
sion, is the passive acquiescence of masses
qf men who know what civil, as distin
guished from military, law is; who have
Saxon or Celtic blood in their veins; who
know the story and traditions of this and
the mother-land; who have read the De
duction of Independence or the Con
stitution. This it is which gives the
thoughtful man pause. This makes one
doubt the genuineness of the Republican
sentiment of the country. We do not
now speak of the Democracy of the land,
which is as one man on this head.
As little are those referred to whose
patriotism is measured by their pay, and
who to-morrow would throw up the hats
worn out by obsequious bowing, if a
crown were placed upon a Dictator’s brow.
But there arc many wise men who are
cot Democrats, many good men not in
office, and they are not yet alarmed.—
Will the actual flash and boom of the gun
arouse them, is a question not easily an
swered.
Whereupon the Savannah Weirs of the
8th instant pertinently remarks:
Tut, tut, man.
the
think as he dashes through hills and oyer
valleys, across bridges, and aroun d ciu-ves,
that his safety is in the keeping of the
sturdy man who stands “at the front”
with his hand at the throttle, watching
for “dangers ahead,” and ready, at any
time, to peril his own life, but not the
lives of those in hi3 care.
The conductor may gossip with the
passengers, or drouze away a sleepy mo
wile away the te-
ment, or in other ways
dium of a long fun; but the "engineer
must be all the time on tlie alert, all the
time wide-awake, all the time with
his eye strained in the . distance
to see that the track is all
clear. It would be criminal
him to close his eyes for an instant, crim
inal to relax for a moment his energies,
no matter how weary he may be, or how
sick even. He must stand at his post,
braving dangers in order to avoid them,
with his hand in reach of the throttle, his
eye upon the track before him and his
mind upon the precious burden of human
freight that is consigned to his care.
Seeing, then, that so great a responsi
bility rests upon “the man at the helm,
it may not be unreasonable that blame
for accidents should light upon him first,
but would it not be more humanly and
more christianly to prove his remissness
before so crushing and killing a charge is
laid at his door. The engineer has hu
man feelings and sympathies as others
have; and it is hard upon him to know
that others blame him, unheard, when
he knows that he did his whole duty, and
that a proper inquiry into the circumstan
ces will hold him blameless.
The engineer is not appreciated as he
should be. He is the man who is oblig
ed to be at his post under all circumstan
ces, to face the peril and avoid it. And
if accidents should come, it is just that
he should have an opportunity to justify
himself before he is completely condemn
ed. X Ratt.rq.vd Man.
»-•-<
GEORGIA NEWS.
qualities of patience and perseverance
which are so often lacking in the instruc
tors of the present day. He alsz ;
ses administrative ability of a high order,
and we predict that under his superin
tendence the Public Schools of Atlanta
will be the most successful institutions of
the kind in the country. Mr. Mallon
will return to this city on the 1st of Oc
tober and remain until tbe loth of No
vember, at which time he will assume
duties of his new position.
Tbe great tidal wave, said to have been
predicted by Agassiz, and which is to oc
cur on the night of the 5th, or the morn
ing of the 6th of October, should cause
our people to begin to search out all the
high places. It is said that it will be
fifty feet or more in height, and will
come with no measured tread, hut on
telegraph time, greased with a little “oil
of rapidity.” Those wishing skyward
perches had best be iu a hurry, as all the
top places that are “:o let” are being fast
engaged. The “right of way” to tele
graph posts are brii ging a large premi
um, while house tops command any price]
asked for them.
What a “siz” there will be as that wav
passes over Harris’ head.
BRUNSWICK.
The Appeal of the 9th* has the follow
ing item:
Lee Burroughs, aged about thirty years,
formerly an engineer on the Macon
Western Railroad, died in this city o:
Sunday evening last, of a congestive
chilL He leaves a wife and several chil
dren at Atlanta, Ga.
GRIFFIN.
The Middle Georgian, of yesterday, en
tertains its readers with the following :
We are informed that one Rev. Mr
Waters is preaching social equality to th
negroes of Spalding county, at a colore
church, near Me Can tz’s, called Hosanna.'
Church. He, it is said, sleeps in th
houses of the colored people, eats wii ‘
them, and is hauled to anid from Churc'
by the negro women. He is taking u
collections and no doubt makes it pay.
It is said that he is doing great harm
that section, and the colored people, u:
der his teaching, are beginning to lag b
hind in their work, and are becoming e:
ceedingly aristocratic.
Row on, Annie.
You know, Aim ; e,
Charming little Annie:
Healthy little, saucy little,-jolly little Annie!
She will row you, any day,
Up the river, far away.
Winning easy, I should say—
Clever little Annie.
Take heed, Annie,
Darling little.Annie,
Careless little, thoughtless little, fearless little Anni
Woeds enlace the river through
There he deeps and shallows, too.
Perilous alike to you,
Heedless little Annie.
Row on, Annie,
"Pretty little Annie;
Winsome little, laughing littie, lovely little Annie;
In a taut and trim "two-pair”
I with thee would gladly share
Joy and sorrow, mirth and care—
I own life’s river, Annie.
BOOR NOTICES.
A Greek Grammar for Beginners. By Wm
Henry Waddell, A. M., Professor of Ancien
Languages in the University of Georgia.
A Latin Grammar for Begisners. By same au
thor.
SAVAANNAH.
The Morning Xeics of Monday, has the
following item:
The telegram which was received on
Saturday announcing the death of Major
James S. Williams, which sad event oc
curred, at Staten Island, on the 7th inst.,
took his many friends here by surprise;
as but a few weeks since he was amongst
us engaged in the busy duties of every
day life. The deceased was the eldest
son of the late Col. W. Thomas Williams,
of this city, and was in his sixtieth year
at the time of his death. He was a grad
uate of West Point, and served for some
time in the U. S. army, but resign
ed to accept a position as an engineer, in
which capacity he was identified with
the construction of several railroads in
the "W est. At the breaking out of the
late war he linked his fortunes with the
. South, and served through the struggle,
the “X tt j ULiutis only putting l At its close he resumed his business as a
oration Ind t > nto practical op- civil engineer, and was at one time As-
’ ‘ Dt tbe loyal Republicans, those f sistant City Surveyor.
With perfect confidence we comment
these Grammars to tlie favorable consid-l
eration of the public. They supply
desideratum long felt alike by teachei
and pupil. The purpose of the learner]
author was to present the principles ant
paradigms of the Latin and Greek lan]
guagesin the smallest compass compati]
bie with clearness and precision. Th(
chief merit of the books consists in theii
conciseness, simplicity and accuracy.—|
They are designed for school bog's use.
They arejnot Grammars of reference for
advanced students and scholars, but for
the schoolboy—to be committed, memo
rized, thoroughly, from cover to cover, to
be swallowed whole from the start.
The Latin Grammar is formed fipon
the same model as the Greek—indeed
the same language, as far as possible, has
been employed in both. We venture the
declaration that the section upon Prdsbdy
is the clearest, briefest and easiest pre
sentation of that little understood and
difficult subject yet made.
The Greek Grammar numbers only 104
pages—the Latin less than 100 pages—and
yet so intelligently and carefully has the
system of condensation been applied,
that no important point in either language
has been omitted. The experienced
teacher of the Classics, who has from time
immemorial been subjected to the trou
ble, the irksome drudgery of “marking
out" paragraphs, and sometimes whole
pages, for omission—to be “skipped” by
the pupil—will find here all such work
done for him.
In our own State and South Carolina,
the name of the distinguished Professor
has been identified with the great work
of Liberal Education from the beginning
of the present century.
The Waddells maintain the first rank
as American teachers. These Grammars
are the offering of the youngest of these
men upon the altar whereat his ances
tors, so long and so acceptably, officiated
and worshipped.
lU- •
being entitled to a homestead under ^
the
law, and that tlie complainant, notlvP
„ „e c want;
a creditor of the applicants for hrm,,?
Held, it was error to
dence. The damage the law recognizes
legal in such case are the actual damagi
sustained, and the expense of gettin
other servants, or the injury to the
for want of labor, or failure to obtai:
other labor, after faithiul effort to oe
them:
Held, That the Court erred in refusin
a new trial, having admitted evidenc
which misled the jury upon the questio
of damages, under the facts of this cs
Judgment reversed.
James T. Ellis vs. G. B. Lamar and L!
R. Brewer—In Equity, Jurisdiction
LOCHRANE, C. J.
Where A filed his bill in equity again:
B and L, in which he alleged that B, a
the agent of L, sold him certain guan
which was worthless, and offered for sa
by these parties, and the defendants d
murred to the bill on the ground that I
who was the owner of the guano, reside*
in a different county from where the sui
was brooght, and also for want of equity]
and the Court sustained tho demurrer:
Held, That the Court did not commi
error under the facts in the record.
Equity will not obtain jurisdiction o'
a party who resides in a different county,
by making his agent a defendant, upon!
the general allegation of fraud, for hisl
interest in the commissions on the sale,
as such agent.
Judgment affirmed.
Southwestern Railroad Company vs.
Rowan <Sr McCamy—Breach of Con
tract.
Istead, cannot be heard in a common
^court, to object to the same. Tbe bi'j'j
vas demurred to for want of equity and
jecause it was multifarious. The Corr-
sustained the latter ground of the de
murrer and overruled the former, an ,j
jotli parties excepted. We think the
Dourt erred on both grounds. If tW
vas equity in the bill, the charge ol a
raudulent combination between the de-
'endants would not make the bill multi"
briotis but would relieve from that ob-
ection or demurrer therefor.
McKAY, J.
M here, on the trial of a suit to recover
damages for breach of contract to receive
and pay for a certain amount of railroad
stringers, it become material to show that
Although the complainant, as a pm.
baser of land at a Sheriff’s sale, is not a
creditor of the applicants for a' home-
dead on the lands so purchased, still* he
lerives his title to. the land under tlie
judgment of a creditor, and may urge the
same objections in the Court of Ordinary"
ar in tlie Superior Court, as the creditor
■onld have done, under whose judgment
ind execution he derives his title to the
land. In other words, the purchase of
[and, under a judgment in favor of a cred
itor, at Sheriff’s sale, on which a home,
stead is claimed, is as much within the
reason and spi it of the act of 1868 as
the creditor under whose judgment he
derives his title, and may be heard and
make the same objections to the granting
p£ the homestead, as the creditor could
have done.
Judgment reversed.
p. A. Baker vs. G. W. T. Bower, Sheriff
—Rule vs. Sheriff—Homestead.
WARNER, J.
This was a rule against the Sheriff,
calling on him to show cause why he
should not pay plaintiff the amount due
on an execution against the defendant
Of be attached for contempt in failing to
'execute the processes of the Court. The
Sheriff showed for cause that the defen
dant, on the 4th August, 1870, filed an
affidavit-under the provisions of the act
of 1808, for the relief of debtors, and to
adjust the same on principles of Equity.
The note on which the judgment was
rendered bore date prior to 1st of June
1865. The judgment on which execution
issued is dated 29th September, 1869; that
there was a resolution of tho General
Assembly prohibiting the levy and sale
of property under execution based on
a, contract prior to June 1st, 1865, and
that the property of the defendant has
been set apart as a homestead. It ap
pears that the execution 'was placed in
the Sheriff’s hands on -the 16th day of
May, 1S70, by plaintiff’s attorney, with
written notice that the debt on which
the judgment was founded was given for
the purchase money of land, on which he
was directed ‘and required to levy the
execution; that the Sheriff levied the
execution'on the land, as required by the
notice on the 24th of July, 1870. The
rule was moved for against him in March,
1871. On hearing the rule and Sheriff’s
answer the Court discharged the same,
and the plaintiff’ excepted:
Held, that the Court should have made
the rule absolute against the Sheriff for
the amount of the value of the land
which he was notified to levy on and sell,
that being the extent of the injury which
the plaintiff sustained bjt. .the -failure of
the Sheriff _to perform his legal duty and
not the amounTdue on t.lm :t
<. ^ ii -— the execution,if
that shall exceed the value of the land,
and that the Court below erred in dis’
charging the rule against the Sheriff
Judgment reversed.
— y*'kitten vs. 'the Mayor and Comi-
■ C vT>v--cS >v i- n ^ ;on —-^ a ^damus.
AIijHLR, j.
~!his was a mandamus, by the petition-
calling on the Mayor and Council to
show cause why a license should not be
granted to him to retail spirituous
liquors within the .limits .of Covington.
Ihe city authorities showed, for cause,
that the petitioner had failed to comply
u nil that part of a city ordinance in re
lation to the issuing of licenses, which is
as follows : “He shall, before receiving
such license, produce the written recom
mendation of four of his nearest neigh
bors, each signature to represent a sepa-
rate and distinct establishment.” Upon
the hearing of the mandamus, the Court
leiused to make the same absolute, and
dismissed it; whereupon the petitioner
excepted:
Held, That this was a legal and valid
ordinance of the city, under the grant of
po ,ver conferred by the 13 th section of
the city charter, and that there * -
error in refusing ffiake the '
absolute, and dismissing tlie same,
Judgment affirmed.
John A. Dominick vs. Branch C. Bow-
£ 'kin, jailer. Power of the Governor
to pardon before indictment and con
viction.
McKAY, J. j ' - -
TVnen one was in custody of the jailer
under a bench warrant from the Superior
Court-, which was founded on an indict
ment by the grand jury, and sued out a
habeas, corpus, before the judge of the
Superior Court-, and as a ground for his
discharge, offered a pardon from the-
Governor for any offence he may have
committed against the State:
Held, That it was error in the Judge
to refuse to receive and consider the
pardon.
A pardon obtained by fraud is void,
and may be attacked on that ground,
whenever pleaded, and, if found fraud
ulent, it may be treated as null aud in
operative by the Court.
Lochrane, C. J., concurring.
Warner, J., dissenting.
E6&=The last heard of the Courier-
Journal man he was singing:
The departed: the departed!
They visit us again;
They coma from California,
And from the hills of Maine.
And where the honest, cheerful smile
Of Democrats have been,
The “departed” have broke down the wall
And now we Rads are in. ’
The New York World makes the
sad announcement that “Akermau has
gone to Georgia.”
8®= Dr. Greeley has written an article
01 - c September Galaxy, on the “one
term principle. ” No doubt the Doctor
would^ be abund nntly satisfied with “one
erm.’ He has been wanting it a long
ime. - - i> ,: