The Weekly sun. (Atlanta, Ga.) 1870-1872, October 18, 1871, Image 7

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The Weekly sun., October 18, 1871, Image 7

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Newspaper Page TextT H-E ATLANTA WEEKLY HE’S. GREAT FIRE ! latest firm the Domed Repin! IT S ENTIRE LIMITS SWEPT! SUFFERING FROM HUNGER AND COLD. """‘JK”"" "" r Ib«n r „adetermination tore- onmA Knnnaoa oi 7; : same business at once. The Evening Journal and the Tribune gest* Increased from $>50 to $5,000 ! Crash Amongst Insurance Men Expected. ^forts TO RESUME BUSINESS. SYMPATHY FROM EVERY QUARTER ! newspapers to be resumed JO0,OOO Rations Issue*!—The People Fed • K churches and Schools—An Im- uiense Camp—Supply of 'Water- Action of the New Yorlc Stock Board—The News in Europe. MOSCOW RE-TOLD NOON REPORT. t 1 STILL liVllJS'MJYG. New York, October 10.—The excite ment has in no wise abated in regard to the Chicago fire. There is an immense sale of papers. Business is generally suspended. A special to the Times at 2:20, a. m., jays Chicago is in ruins, and still burn ing in the West Division. Taylor and Halsted streets have been swept. The \rater works went early. The loss of life is fearful by the fall ing walls. Ten thousand business men Yfhl be compelled to make assignments. An insurance company crash is inevi table. j FJIW' JHlT.itL OF THE AW.V. The river is impassable, except at bridge 12. The other bridges are de stroyed. It is feared that bridge 12 will j ho crushed by the overwhelming travel. The railroads have ceased. No mails I’he loss is estimated at $200,000,000. Fire-proof buildings burnt like tinder. Few business houses have saved even their papers. Nopapers can bo published until the type comes from elsewhere. Some vessels escaped by being sent adrift into Lake Michigan. The origin of the fire was .in a stable where a woman went, with a kerosene lamp, to milk a cow. A large number of firemen have been killed. ' The Convent of Mercy was burned The pavements have been burned. One hundred squares were burned in the South Division. One hundred thousand employees are oat of work. The county records were saved, but the city records were lost. CROW'IJIJt'G THE TELEGRAPH. At midnight last, the Western Union telegraph office, which had been located on Wabash Avenue and Sixteenth street, removed to Twenty-second, in conse quence of the approach of the fire. At 3 o’clock this morning notice was given that the fire was again upon them, and they must make further retreat. Since that time there has been no communica tion with the city. EFFECT O.V THE STOCK MARKET JTJVD IJTSURAJS'CE COMPANIES. It is reported that three heavy houses have failed. Stocks are greatly depressed. There is a decline in the whole list. The Western stocks are not called in the board to-day. Many failures are pending. All is con fusion. Many of the Insurance Companies have temporarily suspended to see how they stand. All will pay as rapidly as possible, and haye begun arrangements to that effect. The life insurance com panies have many millions loaned on real estate security in Chicago, but as their rule is.to require land alone, they shall more than secure their debts. They ap prehend no loss. VERY LATEST—EIRE OUT. All the city was burned north of Har rison street between the river and the hke, northward to the extreme north limit of the city. Not a building left, even the trees in Lincoln Park were des troyed. The Government is bringing all resources to their relief, and all rail roads are carrying supplies free by fast trains. A heavy rain at Chicago pat out the This statement is confirmed through regular and official channels. Alii F an THE SUFFERERS. Xfw Yoke, October 10.—In the stock- hoard to-day, the motion to donate $20,- tw to the sufferers by fire at Chicago, was referred to the Governing Committee, Mth power to increase as much as the treasury will allow under $50,000. Car- bed unanimously. . Steam engines with provisions are go- to Chicago from all points. Nearly every theatre in the .city are playmer for the relief of the sufferers. . CmciHHATi, October 10.—Several Jew ish societies had balls last night with suppers. They sent suppers to Chicago London, October 10.—The news of the Chicago conflagration excites general sympathy, and has depressed American Chicago, October 10 — Noon.—The fire continued nil niirtt on tlie north I r , ,.. . side, but this morning it is under eon-! 8mfl ^ aheets to-morrow. troL Nothing is remaining on that aide f f om the river north, to Lincoln Park, and from the north branch of the river on the west, to the lake east. This portion of the city, except along the main river where there were business blocks, was occupied by dwellings. Two- thirds of the population of the district were German and Scandinavian. These people are now houseless. At 3 o’clock this morning rain came. It did not rain long, but the roofs and ground are wet. Fifteen hundred citizens have been sworn in as special police. A Federal force is employed to guard the property. A hundred thousand rations have been issued. Two men caught at^ncendiarism, were hung to a lamp post. This summary proceeding awed the thieves into harm lessness. Every train brings engines and fire men, who immediately go to work. They are playing on coal piles to save fuel. A few business men, with more nerve than others, are seeking business places on the west side. Rooms which rented last week for fifty dollars, now command five thousand dollars. The newspapers are already at work preparing for their resumption. Water for drinkiug and cooking is se cured from the lake and the parks. Thousands of people are camped about the artesian welL The people are fed in the churches and school houses. It was cold this morning, causing great suffering; but the people are praying for more rain. ANOTHER FIRE REEORTEJO TO HAti*E BROKEJV OUT. Chicago, October 10, 3 r. m.—Word has just been brought that a fierce fire is raging on 21st street. This street is two miles South of the Southern fire limit, and a little less than that from the fire limit on the West side. It is evidently incendiarism. Two were caught firing buildings and shot, and two others were led off with ropes around their necks. As the wind is now blowing a gale the end cannot be told. ra,£ *“ 1 * HOW' THE IJVSURAJTCE COME ARIES : • _ • . BEAR IT. 1 ■ • •- ] New Yobk,October 10.-The Spectator, an insurance journal, says none of the leading corporations are insolvent. A number of less prominent companies have sunk all their capital; but the fail ure of every one of these will neither couse a panic nor seriously affect the gen eral progress of insurance. A great ma jority of the companies will pay their losses promptly. Some have already be gun to put their assets in order to liqui date their obligations. The Spectator estimates that the ac tual losses of the companies will not much exceed $35,000,000. The compa nies doing business in Chicago held $73,- 000,000 of assets, including $7,000,000 held by the Chicago companies. Humor says that eight companies have failed, but it is better to wait official an nouncements. The President of the International leaves to-night for Chicago to make set tlements. . v 4 i»i«oJT*J o THE .VAIT COJyFLAGRATIO.V JYIEB. New York, October 10.—The report that the fire had broken out again in Chi cago, and was burning fiercely, is posi tively contradieted by a dispatch from Gen. Auson Stager of tlie/Western Union Telegraph Company, now at Chicago, to Gen. Palmer, Secretary of the Company here. Gen. Stager says the fire started in small house on 31st street, in the South Division, this evening; but was speedily extinguished. Incendiaries were busy, but seven or eight had been hanged or shot on sight. lA'CIJiEJVTS OF THE FIRE SUPREME COURT DECISIONS. A special session of the Illinois Leg islature has been called to aid business meo, and to provide employment for the poor, apprehending that suffering may cause crime. Additional Federal' troops have been called for. Chicago, October 10—9, p. m.—The fire has not broken out again. New York, October 10.—A Belmont, Duncan, Sherman & C, and Brown Bros, gave $5,000.each. Some losses of New York Insurance Companies, by the Chicago fire are stated as follows; Citizens, 25,000; Hanover, $250,000; Columbia, $3,000; Republic $225,000; Tradesmen’s $25,- 000; Germania and Niagara have risks, but the amonnt is not given. Hartford, October 10.—Tho Phamix Insurance Company has issued a circular assuring agents "and patrons that they can meet their losses, leaving a handsome margin of surplus. The circular con cludes: “The lesson of this disaster will compel a liberal advance in rates hitherto paid.” — Philadelphia, October 10.—Two pro minent brokers suspended this morning. A serious riot occurred to-day in the southern part of the city. Five were killed and twenty wounded. The militia were ordered to the scene. A Lieutenant of police was held in $1,- 000 bail for obstructing the polls. The trouble commenced between the blacks and whites of the 8th ward.— Fitzwater street was crowded with thous ands, who attracted a shower of paving stone, followed by pistol shots. A num- but armed with muskets, charged about and fired into the crowd. The battle raged through several streets, courts and alleys, swarming with men who fired on each other. A number of colored men came out of. the alley armed with mns- kets, and charged on the police. The ne groes were beaten back and took refuge in a .tavern and fired from the second story. The fire was sharply returned.-— For ten minutes the neighborhood re sounded with loud reports of fire arms, while missiles of all kinds whistled through the air. The wounded were carried off by their friends. The riot lias finally been suppressed. In the Fifth Ward the negroes com plained of intimidation. In the Fourth Ward voting was suspended for half an hour. The mode of intimidation was a novel one, as they were pelted with flour. Not a word of election news has been received. Philadelphia, October 10.—The elec tion returns thus far are very incomplete and afford no indications of the results on either side. As yet it is not even learned what the result is in this city. Republicans claim the State, but there is no mention of majorities. ^’IGHT REPORT. ‘U TIO.Y OF US'SURAJYCE COMPANIES. MORE RELIEF. a ? 0BK -’ —At a meeting of n ^ mia > Hanover, Niagara and j P Insurance Companies, the Un- -Agency of New York, held to- i Preparation was made to pay in u P°n adjustment, all losses tho J^?fg 0 ^ the fire, in doing which capitals of all the companies will re- unimpaired. f ffenry Clews and Jay Cooke & Co. ® each $1000 to the Chicago sufferers, j Morgan & Co., of London, tele- {rj q- their correspondents to draw ‘ vU,000 for the same purpose. j HE GOEERJ\\nEJ>'T LOSES Si,000,000 BY THE FIRE. Washington, October 10.—The Sub- Chicago lost $2,000,000, of | *ucn half a million was in gold. A Negro Shoots Ilimsclf. A negro man employed about the county jail was, on yesterday morning, moving a wagon back, and, having a pis tol in his coat pocket, it struck against tho wheel. The load was discharged and the ball entered his. thigh just above the knee, inflicting a very severe blit not dan gerous wound. The drunkest person in town yester day was a negro woman picked up on Whitehall street. She was as limber as a dish-rag, and it took two stout police men!® carry her to the guard house. She will be sober enough by this morn ing to rise to explain. One of the most pitiful sights was that of a middle-aged woman on State street, loaded with bundles,struggling through a crowd, singing the Mother Goose melody, “ Chick'ey, chickey, exany crow; I went to the well to wash my toe,” &c. There were hundreds of others like wise distracted and many made desperate by whisky or beer which, from excess of thirst, they drank, in the absence of water, in great quantities, who spread themselves in every direction a terror ta all they met. It is fearful to think of the loss of life It is conjectured with good cause that more than 500 persons have been burned to death. We saw four men enter a burning building, and in a moment they were overwhelmed by a falling wall. There was a crowd of men around the corner of a building trying to save prop erty when, the wall yielding, some were buried beneath it. About twelve or fiften men, women and children rushed into the building of the Historical Society, a fire-proof build ing, for safety. In a few minutes the flames burst up, and they were burned to death. Among those who took refuge in this building was the venerable Col. Samuel Stone, 80 years old, and for a long time connected with the Society.— Also x John B. Gerald and wife, and Madame De Pelgrave, a noted teacher of music. It is feared that Dr. Frear and family were also burned, as they were in the building and have not been seen. Mrs. Edsall, whose husband was mur dered last week, and who was suffering from an illness, was carried for protec tion to a building which was afterwards burned, and it is feared she, also, per- ished. All the books and papers of tho his torical society, including the original copv of the famous Emancipation proc lamation of President Lincoln, for which the societv paid $25,000, are destroyed. It is feared that a large number of children, inmates of the Catholic Orphan Society on State street, were also burned, as many of them are missing. On Chicago Avenue a father rushed up stairs to carry three children away, when he was overtaken by the flames, and per ished with them. The mother was after wards seen on the street a raving maniac. In the same neighborhood a family of five persons perished. The list of such fatalities is very large, and can only be fully verified after the smoke shall have cleared away. A careful survey of insurances to-day shows that there were written on_property destroyed over two hundred millions of dollars; add another hundred million to this sum, and a fair estimate can be reached of the loss. All the leading merchants who have Statement of Account. The State of Georgia, To Hon. B. H. Hill, Dr. For delivering of one very uncalled for ad- drees before the assembled Alumni of. the State University, in which he disgus- ted his own friends, and the intelligent people of the State; Also, for writing and publishing one Address to the Members of the Legislature, which was equally uncalled for, and In equally had taste, showing a very large amount of self-im portance and assumacy.. OKB TERM IK THE U. S. SENATE: Supposed to be worth, at a Low Estimate, Thirty-five to Fifty Thousand Dollars—Perhaps a great deal more! For the foregoing and other considerations, but especially for abandoning the prose cution of Major McCalla and some other things which ho may or may not con template $ His employment by Governor Bullock to defend him when impeached: Also, to defendCapt. Blodgett when ho is tried before the Superior Court charges now pending—at a very large tee—the amonnt of which has not been announced. October, 10, 1871. Reaben Taylor vs. The State. Indictment for lar ceny. LOCHRAXE, C. J. Where an indictment charged the prisoner with simple larceny of a chestnut sorrel horse, at the value of $100. Ac., and the court overruled a motion of acquittal on the ground that the indictment did not sufficiency describe the property stolen: . Held, that this was not error. When the proof snowed that the animal was a horse and not a mare, tho allegation to that effect is sufficiently distinct*and definite, under the Code, as to the nature, character and sex of the animal; and the allegation that the horse was a chestnut sorrel of the value of $100, was sufficient and comes within the requirements of the Code. Upon the trial of larceny of a horse, a bill of sale was offered by the prisoner without showing aliunde its bona tides, or execution, and the court rejected the same: Held, That the hill of sale was inadmissible, and the court committed no error in ruling it out. Judgment affirmed. W. 1). Elam for plaintiff; C. D. Forsythe contra. John D. Smith et aL vs. P. L. Turmley, administra tor. Bent—Tenantcv. LOCHBANE, C. J. Where a party levied a distress warrant on prop erty consisting of a lot of drugs, exempted by the Ordinary under the law as a personal exemption, of which a part of the drugs exempted had been mixed with other drugs bought by the parties: Held, that the privilege of exemption extends only to the articles exempted by the ordinary, and must be specifically identified, to release them from levy, and a lot of drugs in store, mingled with other drugs, are liable to levy and sale, except as to such parts or articles as may be specifically claimed aud identified. Held again: Where a party sublets to another, under a contract that the subletant is to pay the rent already due tho landlord, this is mo such a claim for rent by the landlord as may be in- forced against the subletant, by levy and sale under a distress warrant for rent. Aud as the verdict in this case exceeds the amount proved to be due for rent, we direct that the verdict of the jury be amend ed so as to conform to the proof. Judgment affirmed. W. D. Elam for plaintiff; Underwood A Rowell contra. Morris Kohn vs. G. B. Lovett—Case, LOCHRANE, C. J. Where A, who was the owner of a store house and lot in the city of Rome, had at the rear of such store house an excavation, made for the purpose of admit ting light to tho cellar, and B went down to the store house, and entering the front door, went through out at the back door, and fell into the opening, and was injured—the same being a hundred feet or more from a public street: Held, That the act of opening the excavation in the rear of the store was a lawful act by A, and he had a right to keep it there, and B’s falling in gave no right of action to recover damages; and tho fact that he wai going through on liis way to a fire does not change the rule. Judgment reversed. Dunlap Scott for plaintiff; Underwood & Rowell contra. Jno. McK. Gunn vs. A. B. Hendry—Relief Act of 1870. LOCHBANE, C. J. The provisions of tho act of 1870, authorizing dc- fenaants to set up losses resulting from the war, without connecting the plaintiff with the action, or cause of such losses, is unconstitutional. While we recognize the constitutional competency of the Leg islature to provide a remedy by which, on existing, may be pleaded and proved, we hold it is not com, potent for the Legislature to create an equity as well as provide the remedy. The Legislature is limited by the Constitution to remedies for equities in which the agency of the plaintiff may be established, as the result of acts done or caused to he done. Judgment reversed. Hood & Kiddoo for plaintiff; B. 8. Worrell, contra G. W. Featherstone et aL, ys. J. S. Noyes—Eject ment. McKAY, J, Where a deed had been submitted to a jury, con veying lot number one’ and tho fraction west of said l<-t, and it was proved that there were two fractions belonging to the grantOT, a small and a large one; the small one lying next to the lot, and the larger fiac tion lying on the other side cf a public road. Held; It was not error in the Court to charge tho jury that the law would presume that the fraction immediately west and next to tho lot conveyed was tho fraction intended. Where tho verdict of the jury is sustained by tho evidence and the Court below has refused to grant a new trial, this Court will not disturb.the judgment. ' Judgment affirmed. Thompson & Turner; Wright & Featherstone, and E. N. Broyles for Plaintiff. Underwood & Rowell, contra. Nancy and Thomas JI. Byrd vs. Jno P. Byrd—In junction. McKAY, J, Where A died leaving a will, iiroviding that each child should receive, on his coming of age, two negroes at valuation, and tho balance of the estate should remain together for "the benefit of the minors, until all Became of age, when tho whole should be cq’tally divided according to value; and one child became of age in 1SG1 received two negroes at a value of S 1,100; aud after the war, when the slaves wera all free, the legatees got together and divided the property equally between them, making mutual deeds to each other of the lands falling to each, being of full age aud aware of the negroes received by the child of full age. Held; That in the absence of any charge of fraud, or mistake, or grievance, or any other reservation or agreement, a bill is demurrable which prays the can cellation of the deeds, and that the child who had received the two negroes be compelled to account to the legatees for their value. The deeds are prima facie for a consideration and if made without fraud or mistake, are binding. Judgment affirmed. .Underwood & Rowell for plaintiff, Wright & Feath erstone contra. Maria V. Donklo, vs. Morris Kohn—Mortgage. . McKAY, J. Treasurer, la his corporate capacity, before the clerk of the Superior Court of Dado county, and recorded in his office on thelat day of June, 1869. By the acts of the General Assembly of this State, the company was authorized to construct the road through the county of Dade oa certain conditions therein ex pressed. The bill prays, amongst other things, for an injunction to restrain the creditors of the compa ny from selling the property of the road in the coun ty of Dade, and tor the appointment of n receiver to take charge of the same. On the hearing of the motion tor the injunction and the appointment of a receiver,counsel represent ing the State of Georgia, though the State was not a party to the bill, appeared before the Court and ob jected to the granting of the injunction and read to the Court the proclamation of the Governor of this State made in pursuance of the acts of the Genet al Assembly, passed in 1868 and 1870, granting State aid to this Railroad Company and other companies in this State, the Govoraor having indorsed the bonds of the company to the extent of $8000 per mile. The 3d section of the’ act of 1869 provides that in the event any of the bonds so indorsed by the State as provided in the first section of the act, or the in terest thereon shall not be paid by said railroad company at maturity, it shall be the duty of the Governor, upon information thereof, to seise and take possession of all the property of said railroad company, apply the earnings thereof to the extin guishment of said unpaid bonds, and the interest on the same, and upon continued defaults for the period of six months, may sell said property in such manner as may best subserve the interest of all con cerned. The proclamation of the Governor is dated 3d August, 1871, and recites that the company has failed to pay the semi-annual interest due on the in dorsed bonds the first days of January and July, and orders a seizure of said road an l all its property of every description lying aud being in thiB State, snd placed the same in the possession of Messrs. Nisbet and Greer, as agents of the State. The court has granted the following order: “Or dered by the Court, that the State’s writ of injunc tion issue in accordance with the prayer of com plainant's bill, but said injunction shall not restrain or interfere with the sale of said road by the Gover nor of Georgia, according to the laws of said State. It ia further ordered that Wm. T. Wofford, of the county of Bartow, in this State, be and he is hereby appointed receiver in said case, to take charge of and protect the property of said Alabama and Chat tanooga Railroad Company, in accordance with the laws of this State applicable to this case.” The re ceiver, so soon as he is qualified as required by the order of appointment, is directed to take into his custody and safe keeping that portion of the Ala bama and Chattanooga Railroad situated in the State of Georgia, and all the property of the company now in this State, of every kind and description whatso ever. And it is farther ordered that said receiver ne gotiate with the parties in charge of and controlling other portions of the road situated in other States, for the running of said road for its entire length from Meridian to Chattanooga. Whereupon the de fendants excepted. It appears from the bill that this is a continuous line of road from Meridian, in Mississippi, to Chat tanooga, in Tennessee. In our judgment the allega tions in the complainant’s bill made a proper case for an injunction to restrain the sale of that portion of the road being in this State, and the property of the company appertaining thereto, in this State, by the judgment creditors who have levied on the samo in satisfaction of their numerous conflicting lines, so as to prevent a multi plicity of suits, and to prevent irreparable injury and damage to the respective indorsers of tho bonds of tho company, both in regard bo the State of Alabama and the State of Georgia, as well as the other credit ors of the company in this State. WheD tho road is sold, it will bo best for all the creditors of this insol vent company that it should be sold together with its equipments, as an entire road, and not in detach ed parts; and in tho meantime the road should be run and kept in operation throughout its entire length, for the benefit of all concerned, so that when it shall be sold it may bring its full market value.— We therefore affirm the judgment of the Court be low, in granting the injunction and appointing a re ceiver, with the instructions given to said receiver, with this additional instruction, that Baid receiver negotiate with the Governor of Georgia iu regard to the possession and running of the road through this State, as'wcll as witbthe other parties in charge of and controlling other portions of said road situated in the other States, for the running ol’ said road throughout its entire length from Meridian to Chat tanooga. Judgment affirmed. E. B. Graham, D. A- Walker, W. H. Dabney, J. A. W. Johnson, E M. Dodson, J. D. Jackaway and J. W. H. Underwood, for plaintiffs; Nisbet & Jackson, contra. and fraud, is not a debatable question with me.— Therefore I did not doubt, when 1 issued my adilresf of December, that the recognition of all the amend ments, whether regular or irregular made, wouW form common ground for all men like myself il 1873, aud tho difference between parties would ari»4 t in a scramble for the spoils. It is singular that mem I claiming to be statesmen, like Alex. H. Stephens and Bob Tooms, aud a best of others, should say that 1 was wrong. The difference between the parties is exactly the difference between carrying on the revo lution and stopping it. Every Radical (Democratic so-called) Convention which has assembled since December, has confirmed the correctness of my views then expressed. I have no doubt that, your uarrow and ignorant minds will thank me for shedding that ray oi light for your guidance, and that you will conform your action thereto. • There is one other subject I des-ire to call your at tention to. It is one that is near and dear to my pocket You know I am one of the lessees of the State Road. I have always been opposed to any one “trailing With the State,” unless they let mo into the trade. For it is the duty of every one to rob and plunder the public. In the fall of Is70,1 learned that Blodgett & Co. were stealing evt ry dollar that the road earned. I also learned that Bullock had issued numberless bonds, and the road was to be sold to make nominal pay ments on these bonds. Now, I have had my eye on that road ever since I grew to man’s estate. I was a politician, and I wanted office, but the people would not elect me. I knew that this road was a great po- lit'cnl machine, aud if I could get it out of the hands of tho Democrats, I could, perhaps, ride into office on it. Blodgett was greedy and wouldn’t let mein with him. If the road was sold, he and his compa ny would buy it, and I’d still be out. A lease ap peared as my only chance of salvation. I fixed up the bill, or rather I had a big hand in it, and I de termined to do all in my power to get an interest in tho lea-e. I succeeded, but how I succeeded is none of your business, and I hope you will not niako it such, for I assure you it is a fine thing for me. I have determined never to surrender the road Into the hands of those who were running it without profit to tho State—and it never did pay a dollar under a Democratic administration—but it is well known to myself that I hold it subject to the will of the people, and ready to return it when safe and proper for me to do so. I now feel that the duty of advising and dictating to the people of Georgia and yourselves, which de volved on me, has been discharged. They have certainly been the queerest aud most inconsistent of all the acts of my life. Yet I believe and know they have accomplished more for my pecuniary success than any of my previous acts. In all this I have done nothing to serve the Democratic party or any body else, except myself, and I despise tho honora ble men, unflinching patriots and faeilo writerB who have made such changes. “They are gentlemen, and incapable of being bribed.” With an inward consciousness that my motives were for self, aud with a positive knowledge that my humble efforts wer 3 bearing golden fruits, I have abided in faith, believing the time would come when justice would be accorded me, and when my detractors would find “they had only mado a record for themselves of which they would be ashamed if they did not possess the sensibilities of gentlemen.” With a lively hope that your labors will take tho direction I have condescendingly mapped out; that all honesty will subside; that all personal and politi cal obligations will cease; and that the end of peace and Constitutional rights which now c awn, and for which so many bravo men ha ve fought and died, may bo obscured, and tho work of reconstruction go on until our noble commonwealth shall become an integral part of a despotic Empire, I am, with high regard, your Supreme Dictator. D. M. A. Gogg, Esq. ; — >-©-< All Hail the Sweeping "Victory of tlie Gallant Democracy of Texas! From the Georgia Clipper, Warrenton, Oct, 5,1871. Letter to the Members of tlie Georgia Legislature, « la Hon. R. H. Hill. ’■ From the Washington Chronicle of October 3. Stephens and His Cato. The Atlanta Sux has a Washington correspond ent who calls himself “Cato.” He is unlike the original C&to in that the stern old Roman was careful in regard to facts and reasonable in his deductions from them, while The Sun’s Cato is regardless of the one and absurd in the other. He tries first to tell how Morris came to get the Chronicle, and ends with saying that he does not know, a condusion to which any sensible reader would have come without that remark. Morris bought for cash, which he obtained in a way that Cat o seems disinclined to earn his pittance—by diligent, truthful work. But Cato proceeds to inquire how Governor Holden got the money to bny out Morris, and to explain it invents a very bungling falsehood about contribu tions from “Radical adjuncts of the Democratic Tammany Ring.” Now the fact is, that Governor Holden has not bought out Morris, nor in any way displaced Morris from the editorial or business con trol of the Chronicle-, and has not invested a dollar in it, nor desired to, for he intends, in due time, to dwell again in North Carolina. He has precisely what he wanted, and we wanted, a position on the editorial staff, and the charge of the department for which he is eminently fitted by ability, tact and ex perience, and in which he evidently annoys the ex- Confederate Vice President. But Mr. Stephens expresses great confidence in the judgment and truth of this inverted and per verted Cato. It is not the first time in his life that Mr. S. has pnt the largest trust in the greatest booby and cheat. When he sees that his bogus philosopher bases a far-fetched libel on a total and inexcusable perversion of facts, will he stop to reverse his con fidence, or wifi he simply mutter something about the resolutions of ’98? An editor in New Hampshire grows in dignant over the corruptions and rascali ties of tliose in high places who have fleeced the people, and makes this swing ing proposal There ought to be a law passed by the Legislature of this and every other State, and by Congress too, making it a capital crime tor any man, high or low in official position, either in State or Dation, to steal the public money. There should be laws that will hang every official thief or defaulter in this country. We care not to what party he belongs, if he steals the public money raised by any form of law ful taxa tion, he isn’t fit to live, but ought to die for the pub lic good. We have no doubt that more than half of all the public debt of this country has been caused by ras- (a’.s who stole the money. They ought to be killed. Where during the term at which a case was tried, a consent order was taken, giving the losing party 30 days after the final adjournment, within which to make a motion for a new trial, which time was subsequently, also by consent, extended to the blank day of December, and the parties failed to agree upon the brief of the testimony, until the last day of December, and the Judge being then ab sent from home, the brief, though presented, was not perfected by him: Herd, It was not error in the Judge on being sat isfied, that the delay was not the fault of the movant subsequently, to perfect tho brief of the testimony, and permit it to be filed, and grant a rule nisi to be returned to the next term of the Court. When in the cross questions to a set off interrog atories, the witness was asked to do his service dur ing the war, and whether or not he did not procure a substitute iu the army, and whether he believed Jesos Christ to be tho Savior of the world, and the witness refused to answer the cross questions: Held, That as there was nothing to show that the questions were pertiaent, it was error in the Court to reject the interrrogatories. Where land is sold under a mortgage fi. fa., the Sheriff cannot evict any person from possession, who holds adversely to the mortgage. A tenant cannot attain to ono who claims adversely to the landlord, even to prevent an illegal eviction by tho Sheriff. Printupand Fauche for plaintiff: Dunlap Scott contra. E.R. Morrison and S. S. Davidson, vs. Wallis War ren—Scire Facias- . WARNER, J, It was admitted that the debt was doubtful a3 to its solvency, and that no tax had been paid on it. Defendants counsel moved the Court to dismiss the case, on the ground that the taxes had not been paid on it, which motion the Court overruled and de fendant excepted; Held, That there was no error in the judgement of the Court. J. W. H. Underwood for plaintiff. Smith t Branham contra. Thomas C. Ayer vs. Newton Cochrane, Administra tor—Relief Act. WARNER, J. This was an action on a promissory note, dated 20th Nov ember, I860. The defendant filed as set off, losses sustained by the war. The Court charged the jury that the defendant could take nothing by his plea, unless the evidence connected tho defendant’s lossesin some way or other with the fault of the plaintiff; that the simple fact the defendant had lost property by the war, or tho results thereof, was not of itself enough to allow his claim of set off, and the fact that the plaintiff was a citizen of the State and adhered to the Confederate government, is not suffi cient to connect the plaintiff with defendant’s loss; to which chargetlie defendant excepted. According to the repeated ruling of this Court, there was no er ror in the charge. Judgment atfiimcd, j. w. H. Underwood for plaintiff! Wright & Featherstone contra. Noble 4: Brothers et al. vs. The State of Alabama— Injunction. WARNER. J. This was a bill filed by the State of Alabama in the Superior Court of Dade county, against the defen dants, who are creditors of the Alabama and Chattanooga Railroad Company, havingjuumerous and various claims against the company, which they are endeavoring to enforce against the property of said Company.in the county of Dade,by virtueJoi“ev- erv process," in the language of the bill, “known to the law." The complainant alleges that the State of Alabama is the indorser of the bonds of said company to the amount of several millions of dollars ; that the company, owing to the fraudulent conduct of Edwin M. Stanton and J. C. Stanton, the one as President and the other as Superintendent of the Road, and their associates, in the misapplication of the funds of the Company and mismanagement of its affairs, and is utterly insolvent, and that the State of Alabama, the complainant, must lose heavily as the indorser of the bonds. That said road is con structed in the States of Mississippi, Alabama, Geor gia and Tennessee: That a large portion of the prop erty of said road in the county of Dade, consisting of rolling stock, wood, croestics, fixtures, &e., his been levied on by attachment and judgments found ed upon the foreclosure of liens for labor and mate rial, and is now advertised for sale: That the said property is rapidly deteriorating iu value and will be sacrificed, if sold uudtr the present complica tions, and that serious and irremedial injury will be suffered by complication. The execution oi the mortgage deed of trust to the State of Alabama was acknowledged by the • resident of the Company and To the Members Elect of the General' Assembly Georgia: Because of my personal connection with the Lease of the State Road as a lessee, and the pecu niary advantages I derive therefrom; the large fees I have received from His Excellency, Gov. Bullock, and owing to my peculiar fitness for U. 8. Senator, I respectfully make, directly to you, this communica tion. Pending the canvass for your election in 1870,1 came in possession of information that satisfied my own mind that Radicalism would triumph in said election. I did not doubt the purity of Democracy or the soundness of its principles, and I knew that if unity prevailed in its ranks my great desire for the success of the Republican party in Georgia—upon which depended my chances for a fat office—would, perhaps not be realized. While the reconstruction of the State upon Radi cal principles was the fixed purpose of my party, I greatly feared that the temperate and wise course of the Democratic party would furnish no "pretext to give this purpose success. With a quiet Democratic victory I could see nothing but prosperity for Geor gia. By repeated reconstruction in the past your prosperity had been depreciated, your business para lyzed, your burdens increased, and your hopes of recuperation postponed, until I could sec nothing but irretrievable ruin beyond another repetition. I could imagine no higher or more patriotic motive than that of perpetrating, by dishonorable means, such a catastrophe, and I undertook that work. Mature reflection and observation had satisfied me that the Fourteenth and Fifteenth Amendments were the means through which to accomplish this, and I therefore determined to beat it into your and the people’s heads that they were legally adopted, and were fixed parts of the Constitution, never to be disturbed. This was necessary, for the time had come to convince the people of the Southern States that they were ignoramuses and serfs, unfit to have a voice in National affairs, or use the franchise. Thus informed and thus convinced, I deemed it my duty to remove, as far as my act could, all pre text for Democratic success. With this distinct and single purpose, I issued, two weeks before your election, an address, urging your people to recog nize all the civil and political rights conferred by these amendments, and.to protect all persons voting the Republican ticket. This address had the effect of placing me in a position to receive the condem nation of all honest men, and advance my interests with my party—the Radical. The election did not result as I anticipated. But, as I feared, the actions of your friends—the Demo crats—iu different portions of the State were really astonishing--fibey were so peaceable and fair. It bo happened that I was in a position to bo informed of this, and I shrunk from the imperative duty of ac knowledging it. I wa3 defeated; and for the first time since reconstruction began, a Legislature in Georgia, as chosen by the people, will assemble, quality and act. I congratulate you and the people upon this auspicious result, but it chokes me to do it. I do not propose to go into details now, but after you have acted in reference to ray wishes, you and the people are welcome to all the information you can get. In some respects the work was not pleas ant, but he has little courage and less Worth who fails in duty to rascality because, in some of its fea tures and associations, it is unpleasant. I will make two general remarks: The first is, that for discharging only my duty, I have received only unmerciful condemnation from those who could not appreciate the necessity of this duty; and those who were actually working to ac complish another reconstruction (J. E. Bryant) have actually joined in a unique coalition in these con demnations. The second remark is, that I have heard kind words from the North, and witnessed a manifest readiness from some high in national position—from whom you have been taught to expect neither kind ness nor justice—to listen to untruths, and deal with you outside of the Constitution. But it is to the fol lowing facta that I desire, in justice to myself, to call your special attention, and ask your prayerful con sideration: I had no right to make any pledges or promises for you,fori did not think you would be elected—I made several for myself, and got well paid for them. One of which was to use my influence, in case you acci dently got into office, to preve nt the impeachment of my dear friend Rufus. Remember that the last Leg islature held that each House of the General Assem bly was the judge of the qualifications of its mem bers; and under that ruling, cruelly “ousted” seve rai of my colored friends. True, the Republicans did this, but then toe have contended to the con trary. Now, to set the ^natter right, it is your duty to “oust” every Democrat whose seat may be contested by |any of my colored brethren. By this means the Legislature will repre sent the true will of my people. In the expression of that will, through your legislation, you would recognize and obey the existing demands of the ‘slackwadB’ and Republicans, by electing me to the position of U. S. Senator; for the Constitution of the United States as proclaimed by the authorities of the United States, require that you should respect and protect the rights of *11 persons without regard to •caste, color, or previous condition of servitude. I have a little faith in your wisdom and patriotism, and an undoubting faith in my own, aud believe that your official action will indicate my opiuion. While, on the one hand, it is scarcely necessary for me to say I will not, under any circumstances, advise | my people, the Republicans, to cease their oppres sions upon your people, so, on the other hand, I can j never counsel your people to continued opposition to obnoxious amendments that have been pinned on to the Constitution by force, fraud and perfidy, es pecially when such opposition promises to change results, aud to restore peace and prosperity to the countay. This simple statement, so consistent and mani festly reasonable, embodies all the philosophy of my politics. Ui' n n this ba -is I sought to remove, as fa • as I could, all the apprehensions which threatened our State with the inexpressible pleasures <>' peace. Whether that is law w: icli i6 founded upon force Texas lias been under the iron heel of Radical Rule, fixed upon her by bayo nets; but now bayonets aro no more bristling around the polls, and every freeman has a right to vote his honest sentiments unmolested. Aud the Democracy of that State ad hered to the ancient faith, giving a plat form to the honest masses upon which they could honestly stand, without stulti fication; and had the truth inscribed on their banner, around which they could and did rally, with heart and soul en listed for the success of the truths pro claimed and the triumph of the great cause. Friends, the truth will win. For it, the great heart of the honest masses will fight. A strict adherence to honest prin ciples, will triumph gloriously, whereas, any other course must result in defeat and disgrace. ISEW YORK CORRESPOND ENCE. Tlie Democratic State Conven tion. New York, Sept. 6, 1871. Bon. A, II. Stephens, Editor, &c.: For some time past we Gotham Democrats— some of us “so-called”-—have been in the sailor’s double quandary: if we held on we should be—run ovei', and if we let go we should fall in the mud. Even the huge monster called the Community, for weeks past has been carried round and round in a whirlpool, until some of those in the former front, having been seized with a sort of plethora, have sunk down and been trampled under foot. So mote it he! The Democratic Convention met at Rochester on Wednesday and adjourned on Thursday. Its sessions we re signalized by justice, moderation and wisdom, and it is even remarkable, under the peculiar circumstances which surrounded and threatened it, that unbroken harmony prevailed throughout. The representatives of Tammany—and more especially of Wm. M. Tweed—went to the Convention in full force. They had all the advantage of technical regu larity. Other delegations, the “reform” and German, &c., also assembled in full force, and although elected by proper Democratic forms and representing the Democratic masses, lacked some of the requisites of technical regularity. To the honor of the Convention and the great Democratic party of the coun try, its deliberations were directed by men of the highest moral and political character: Horatio Seymour, Sam. J. Tilden, Judge Sanford E. Church, Fran cis Kernan, Jacob Hardenburgh, and others which I have not room to mention. The Tammany delegation, being satis fied that they must be rejected by the Convention, wisely concluded to follow the classic example of Capt. Scott’s coon, and came down before the trigger was palled. Charles O’Conor’s powerful ar gument had been read before them; terse and pointed speeches had analyzed tbei case in their presence, and there was m time to parley. Thus let us congratulate the countr that Honesty and Respectability have, a last, been blessed with a little shower ant a ray of sunshine from Heaven; audit they are properly and earnestly sustained, they may hope tor a fair crop, even after the long drouth. Iu relation to Federal jjoht es t.ie Con vention w;ls simply discreet. The 11 orltlvi tiiiij muruiii^ siivs, J.1I6 resolution on the so-called ‘ New Depar ture’ is; drawn with remarkable skill and sagacity.” And further adds thaV “ this ought to be satisfactory even 'othe prag matical Alexander H. Stephens.” a devil Mr. Stephens is to the authors of tlie “so-called ‘ New Departure ! ^ ^