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THE ATLANTA WEEKLY SUM, FOR THE WEEK ENDING APE XL 3, 1872.
THE ATLANTA SUN
F110M THE DAILY EDITION OF
Sunday, March 31tli, 1872.
•‘Connecticut.—I venture to predict
that Connecticut will go Republican by
upwards of 500 majority. Nor will tliis
result cause lamentation among leading
Democrats here; indeed, they think the
best interests of the party will be sub
served by it, as it will tend to keep
down the Bourbon element which might
otherwise give trouble. I am a Bourbon
myself, but am nearly ready to accept
almost any programme rather than see
GOV. SMITH'S VIEWS ON THE BOND '
ACT AND THE FRAUDULENT DUL. ]
LOCK. BONDS.
that they shall protect themselves ngains
the arts and practices of dishonest offi
cials, their honor is concerned in raeet-
ing promptly every just claim upon the
TUe Honor or the state vindicated. I Treasury of the State. Holders of such
Some days ago His Excellency, Gov. claims may rest assured that they will not
Smith, was called upon to give his views . lo £S in trusting the people of
ot the effect eud true intent o( the lnte I l^dMloa, j; ^ lhot my
Loud. Act, and what was thereat object j own' opinion upon the subject of tlj©
of the Legislature ia passing the sam&. payment of our public debt is well known.
To this he replied fully. We are per- ^ke decisions of a packed court, is not
milted to make the following extract trom j^opl^^xxdiiDg^o the rnaiidainMic^of
his reply—withholding the names of the her honor, the State should feel herself
parties addressed. The exposition is obliged to discharge the full measure of
Grant installed” in the "White House fqr J clear and his views eminently sound and the liabilities enforced by the spirit of
another term.” 1 conclusive. While he has a just regard ]i? r . c03 ?tract. This, I doubt not, the
, ,, , , 0 . . , State will do. Iam, gentleman, yours
for the honor of the State, and but truly | reS pectfully, _ Ja^es M. Smith.
represents her people when he says they
to the direct education of students in
providing all necessary apparatus, imple
ments, model farms and workshops for
the thorough instruction of students, in
both these arts.
This grant and appropriation immedi
ately places the State University in the
very first rank of American institutions.
It is now a University proper,
embracing all the departments, ex
cept medicine and theology, which,
at present, are not advisable. The
new organization will bring to the
University about 500 students, and will
bring to bear a moral influence in the
University which will soon place it among
the very first of American institutions.
5
We were much astonished to find the
foregoing extract in the columns of our
neighbor, the Constitution, of this (Sat
urday) morning. I ( t is the last para
graph in a letter of its Washington cor
respondent, which bears date of the 26th.
This journal claims ((hough upon what
grounds we do not know,) to be “the
official organ of the State of Geor
gia and the Democratic party!” Yet,
publishes with apparent approval (for it
does not dissent) a letter from its special
Washington correspondent, conspicuous
ly inserted and captioned, which predicts
with evident satisfaction, that the Demo
cratic party in the Connecticut election
■will be defeated, urging that the “best
interests of the party will be subserved”
thereby.
The correspondent thinks the defeat
of the party in Connecticnt will “tend to
kpep down the Bourbon element, which
might otherwise give trouble.”
Of course, everything ceases to give
trouble after it is dead. If the defeat of
the Democracy in Connecticut will cause
tho Bourbon element to cease giving
trouble, perhaps the defeat of the party
in tho Union will cause tho entire Demo
cratic element of the country—Bourbon
and all—to cease from troubling. If it is
desirable to have this trouble stopped on
a small scale, why not on a large scale ?
Why not fully, totally and forever ?
And if it is desirable for that particular
“element” which constitutes the vitality
of the party—which embodies all that
entitles the party to popular confidence
and the support of the advocates of Lib
erty—that peculiar element which main
tains tho true principles of Democracy
against Centralism and Empire—of puri
ty against corruption, and honesty against
fraud and robbery; if, we say, it is de
sirable to defeat this element, wherein is
it different from a desire to defeat the
whole party, to kill forever and bury out of
sight its principles as dead issues of tbe
effete past ? Wherein is the election of
one Radical—one centralizer, one oppo-
sor of freedom, to be preferred to anoth
er ? Wherein should the defeat of Grant
bo specially desirable, if we are to have
another man of like principles elected
in his stead ?
We cannot see the force of tho rea
soning of this correspoedent—neither can
we understand why it is that the journal
claiming to be the official organ of the
Democratic party of Georgia should,
without emphatic disapproval, publish
such an article.
A Negro Wanted In tlie Cabinet.
Tho Negroes had a convention in
Charleston, on the 29th instant, and ap
pointed delegates to the Great National
Convention of Negroes soon to meet in
New Orleans. This convention at Charles
ton declared that the New Orleans Con
vention must demand of the Grant Radi
cal faction, that a negro have a place in
the next Grant Radical Cabinet.
This is right. The Radical faction
have heretofore deceived and betrayed
tbe negro most shamefully. They thrust
upon him the privileges and citizenship
uncalled for by the negro; they, with
the persuasion of bayonets, forced the
ballot into his hand and called him a
“man and a brother;” but when the
“ man and brother” responded to or com
plied with the requests of his seeming
benefactor, he was told to “stand aside •
we are more holy than thou art.” The
negro is welcome to help them into place
and power and keep them there, but is
not, by them, considered fit to be in any
part of the “place,” or assist in exer
cising any of the “ power,” or enjoy any
of the advantages and luxuries of either.
This movement in Charleston is right.
Let them “nominate itin the bond,” and
have the contract signed “sealed and de
livered.” Let the “place” be squarely,
openly and positively promised by the
Radical party, before they are again
trusted. A number of negroes can be
found who will make as respectable, as
able, and as efficient Cabinet officers as
some whom Grant now has in his politi
cal family.
Let them press the point and insist on
the fulfillment of pledges.
will pay all their just obligations to the Action of the Governor in Rclatln
uttermost farthing, he also fairly draws \ to ts e College Land Scr.-i
the line beyond which the people will The Governor, yesterday, by virtue of
not pay anything, but will repudiate all the authority vested in him, appropri-
fraudulent swindling, unauthorized issues | a ted the land scrip donated by Congress
of bonds, or other pretended State obli- to establish a College of Agriculture and
gations which Bullock and his ring asso- j Mechanic Arts, including Military tac-
ciates have tried to fasten upon us. The j tics, to the Trustees of the University of
Governor says: the State of Georgia
I had the honor to occupy the position The necessity of tho action arose from
in the General Assembly, of Speaker of the fact th5t the grant would have been
the House of Repr^entatives when the forfeited b the 2d Jul nest -before the
act was passed, and had favorablo oppor- y iticxuuuij uext
tunities of being advised of the views of I nex * meeting of the Legislature,
individual members on this as well as An idea has prevailed that the' grant
other measures involving the financial or donation had already lapsed, viz.,
interests of the State. on the 2d Julv, 1871.
Investigations were made during the A
session, which led to the belief that my The act of CoDgress, making these
predecessor had illegally and fraudulent- grants or donations of lands to the States
ly issued, without registration, large to establish such Colleges, was to be ac-
amounts of bonds purporting to be C epte d by the Legisiatures of each of the
securities of the State, thereby .
raising money to serve his individual States ( not in rebellion, ) and the Col-
purposes. It was also believed that Hn leges organized within five years from
large amount in the bonds of the State the date of the act; but in July 1866,
xi ear ii?® coupons, with the signature of Congress passed an act enabling such
the Treasurer lithographed, was still mL. , , . . , , , , ....
circulation, notwithstanding the provis- States as bad not accepted, to do so within
ion made for calling in such bonds for five years from that date, which time
cancellation. It was still further be- having expired last July,led to the errone-
lieved that the Governor had, without ous impression that another euabling act
authority of law, indorsed the bonds of . ~ , .. .
certain Railroad Companies, amounting Congress was necessary for Georgia
in the aggregate to a very large sum. to avail herself of the donation.
Being in possession of such informa- But the Act of Congress of 1866 had a
lion, the Legislature deemed it a duty to /so tbat sucll states as had already
take such action as would not onlv guard r , . . ,,, „
the Treasury against loss, but would most acce ff e( l should have five years after the
effectually counteract the depressing ef- lapse of the five years prescribed in the
feet upon tho credit of the State, likely act of 1862.
Governor ^ iReSal &CtS ° f the Now Georgia by act of her Legislature
The provisions of the act under con- iu March 186G > anterior to the last act of
sideration are, in my bpioniou, the best Congress had accepted the donation on
that could have been adopted to remedy the basis prescribed by Congress ; hence
the existing evil. Illegal and fraudulent Georgia under said provisio, was entitled
acts, such as were believed to exist, could , . „ T , , „ , ,
be ascertained only by the most rigid in- ierL y ears from Jmy 18G_i m which to
vestigation. ft was believed, with rea- organize the College,
son, that able and unscrupulous men had | Thus it will be seen that Georgia would
exercised all their ingenuity in covering ! have fovfeited the grant had action not
up their frauds, and the most exhaustive , , . , . . '
inquiry would be necessary to expose been taken before next July,
them. For the purpose of making this this emergency the Governor, find-
inquiry effective, the Legislature deter- ing the duty imposed upon him by the
mined to keep the whole subject under ac t G f t be Legislature of December 1866,
its own control; and hence the provision , , ,. ° ...,
of the act requiring the investigation to ^ as me ^ * ie responsibility,
be made by a committee consisting of The Board of Trustees of the Univer-
members of the two Houses. sity presented to him an organization of
, considering, separately and at sueh a College, complying strictly with
length, the duties imposed upon the Com- ,, , , ~ „
mittee, it will be sufficient to say that no ac ^ s Congress, and the Governor
more power was given them than was appropriated the Land-Sciip, or the pro-
deemed absolutely necessary to collect ceeds thereof, to the University, under
the information desired by the Legisla- the direction of its Board of Trustees,
ture. To know which bonds were genu- c , ,, .... , T ... ,. ,
ine and which were spurious, and what | Several localities and Institutions have
indorsements had been made without I been trying to secure this grant; but
authority, it was manifestly necessary some of them were shut out for want of
that the history of each bond should be an act of incorporation, and the Govern
SJ2? We™, „Mch - to 0ttes
has given rise to most complaint is that I were denominational Colleges, and no one
provision requiring all bonds and in-1 of these could have received the grant
dorsements issued since g868 to be re- [ without just offense to others. It would
the fimt d > ay 1 of The^ost a } SO have been equivalent to class iegisla-
persistent efforts have been made, both f lon > find of doubtful constitutionality,
in this country and in Europe, to show Some places, though having acts of in-
from this provision of the act that it is corporation had really no established in-
SrEESJSr “ ***"*»“ a «■“ «* -
this provision, which was manifestly in- diffuse the benefits of the trust to
tended for nothing more than to enable all the people of Georgia, even if they
us to ascertain the amount of our indebt- could have complied with the conditions
edness, is conclusive evidence of the ex- of the act of Congress .
istence of nn intention, on onr part, to , f a,
refuse to pay the whole of our debt. power of the Governor to do all
We have warrant for believing that that he has done, and the imposition of
forged bonds of the State are in circnla- the duty upon him, will be found in the
I the ot i2ih D “ e " ber ’
which we have no registration. Under 1 °b6.
these circumstances, we call on our credi- This new college goes into operation
tors to do themselves and the State the on the first day of May, 1872, under the
servicei to report the credits held by them of the state University and
so that we may obtain a knowledge of * .. . . , , ■ . . ‘“ 3 ,
what we honestly owe. direct control of a provisional faculty.
Exception is taken to this, and it This provisional faculty will consist of
seems to be considered bv some as Prof. W. LeRoy Broun as President,
amounting to proof-conclusive that we L nd Professors Jones, Charbonnier and
have already entered on the downward L, ., , .
road to dishonor and repudiation. It is ^ nt herford, all of the State University,
difficult to conceive what motive could By the provisions of the organization
induce an opinion so palpably erroneous, over 200 young men, one for each
except the mere mercenary desire to de- j Senator, and one each Representative in
preciate onr securities m the markets of j,, 0 , . T • i x e . , .
the world, for purposes of speculation, j the Stato furnished with
The debtor, who. intends never to pay, \frce tuition, and these students moreover
would hardly concern himself about his | are entitled to all the advantages of the
T11TJE HEROISM.
AN EASTER. HOMILY.
BY THE SUN’S LAY PBEACHEB.
Who that has a soul capable of enDO-
bliog sentiment, does not admire the
struggling hero in every station and call
ing, who (controlled iu his aims by cor
rect moral principles,) buffets opposition,
endures toil, even when the odds are
against him, and undaunted, presses for
ward, despite of privations, and mayhap,
through much physical and mental agony.
If a public benefactor, how do the
sympathetic plaudits of admiring thou
sands urge him onward and upward !
How, with breathless anxiety, is his career
watched by friend and foe! How genuine
is the sorrow his miscarriages produce!
The grandeur of his mien and his noble
ness of purpose embalm his memory,
throngli ages, in the hearts of all, even
of those, whose selfishness forbids the
smallest moity of indulgence in the
pleasure of doing good for goodness*
sake.
Heroism was deemed worthy of tbe
Muso at whose shrine old Homer wor
shipped, and by whose inspiration Yirgil
sang the praises of the good JEneas.
The inspired harp of David never
trilled more ennobling notes, nor sounded
sumblimer symphonies, than when its
theme was the spirit of the Divinity,
stirring in the heart of fallen man, and
sustaining tbe energies of the soul, as
piring to rise above the temptations of
the flesh.
The unselfishness of Socrates more
than his philosophy has rendered him
immortal; and the story of his heroically
cheerful death touches the hearts of men
more than his syllogisms or his theories,
The heroic pdtience of Job distinguishes
the sublimity of a faith that found ex
pression in the midst of poverty and suf
fering, and the irritating utterances of
unappreciative friends.
It is the meek heroism of Jesus, that
renders the story of the Cross so potent
to convict of sin, and to invite men to re
pentance. “Like a lamb before his
shearers, He was dumb,” when reviled
and spat upon; crowned with thorns and
scoffed at. A suffering benefactor of
man, He sank exhausted as He bore His
Cross up the steeps of Cavalry. He
prayed for His murderers, saying “they
know not what they do,” and with His
expiring breath He meekly cried : “It is
finished.”
Divest the story of the Cross, of the
divinity of the Savior, and of the exem
plifications of moral heroism it details,
jarrcl it is sufficiently grand and touching
to provoke the sincere admiration of
millions who read or hear it.
His divinity acknowledged, His exam
ple and precepts have nurtured a civiliza
tion far surpassing that of former ages
of the world.
True Christian heroism is self-deny
ing, unselfish and grand.in its very meek
ness. The mythology of antiquity regis
ters no St. Vincent de Paul, whose life
was devoted to the work of relieving the
distressed and needy poor; nor a How
ard, who, in his “ circumnavigation of
charity” visited those who were “sick and
in prison,” and tendered the consolations
of religion to their troubled souls, arous-
extent to which men who have acquired
wealth by questionable meaus advertise
their faces and biographies, if nnrebuked,
is calculated to impress our youth with
the idea that money acquired. by any
means, whether honestly or otherwise,
ought to insure the respect of all.
The civilization of Christianity, de
mands a high appreciation of unselfish
heroism. Its Immaculate Founder “went
about doing good.” The legacy He left
was the care of the unfortunate sick, the
poor and the persecuted. Nearly nine
teen centuries have elapsed since he tri
umphed over the grave, and still oppor
tunities are daily offered to the loveis
of their race to enjoy the
priceless luxury and blessings that inure
to those, who reasonably devote them
selves to works of charity and love.
This Easter morn is eminently sug
gestive of that Christian heroism, which
we are assured shall finally triumph over
death and the grave.
TUe Expiration of the
Ipt
Return of the Committees.
The sub-committee which went up the
State Road some days ago to make fur
ther investigation into Blodgett’s man
agement of the same—also the sub
committee to further investigate the con
duct of the Auditing Board—returned to
the city this (Saturday) morning for a
brief respite, but to return to their duties
again at an early day.
The Chattanooga Times, from which
we have been making extracts, has noted
the discovery at that ‘point, of serious
irregularities and short comings.
— The Louisville Ledger says: “If
tho Radicals know anything it is how to
get rid of the people’s money. All a mis
take.; they know how to rid thepeople of
their money, and know, too, How to take
care of it in their own pockets.
indebtedness so much as to procure, at University, with the privilege of enter-
great cost of labor and money, a know- . „ . f . ■ . ,. ,
ledge of what he has already determined or a ^ 1 ^ s departments of instruc
ts repudiate. * tion, without charge. It is also under-
A compliance with this provision of stood that such a boarding systecl will
the act, it is not denied, will subject the be adopted, if practicable, as shall bring
creditors of the State to some inconveni- A *
ence. This is regretted, and by no per- the enture es P ense of these sweats of
son more than by the members of the I new College within the small sum
General Assembly who passed the i of $125, for the year,
measure. In their opinion, however, ! m, , . . ..
registration was necessaryjfor the protec- ^ ie P recise form oi organization we
tion ef both the State and the bond I toU give our readers in a few days. The
holder.; and the manner in which it is re- provisional faculty will serve, without any
quired to be done would produce less in- additional salary, until the regular meet-
jury tnau if done m any other mode. Our - c ,t -r> i * m x • » x
creditors may rest assured that they will in ® ^ oar< ^ Trustees in August
not be subjected to losses by a compli- uext > "^hen a permanent organization will
once with the provisions of this act, if it be made. Advertisements for new pro
is in the power of the Government to J fessors will be published, and due
prevent or repair such losses. I*. ... . . ’ ...
— . . . . .. . .... , notice of the regular election of the
It is due to truth to say, that in the L„ , xu x> i
course of a very intimate association, j 1 ue 8 lven t ^ ie Board
both official and personal, with members! of Trustees. It will be the
of the General Assembly, I have no doty of two of these professors to lecture
reason to suspect evrn that anyone of a fc certain seasons throughout the State
s e Se^%« a «hT?^r k f Mpor,ao,themi,,eni “ a “ erira ?-
the earnest desire of *all seems to be that i resources of the State, and in tins
the credit of the State shall be preserved, I manner bring the entire public in direct
and that her fair fame shall remain nn- contact with the internal operations of
tarnished. In this, I am am, they are the State University,
the true exponents of the wishes and m, , , . J , ,,,
feelings of their constituents. I know Aiie kind-scrip, whicn was sold by ex-
the people of Georgia, and it is only Acting Governor Conley for about 90
justice to them to say that it is their j cents on the dollar, and which will re
fixed purpose to pay every farthing of} alize about $200,000 will be de
the public debt. While justice requires ’ vouJ, not to erecting Dmldings, out
A SCOTCH HYMX.
BY WILLIAM MITCHELL.
‘There are blossoms that hae budded, been blichted
i’ the cauld,
An’ lammies that hae perished, because they left
the fauld ;
But cower ye in aneath His wings wha died upon the
tree.
An’ gathers in His bosom helpless weans like you
and me.
“In the warl there’s tribulation, in the warl there is
wae ;
But the warl it is bonnie, for onr Father, made it
sae;
Then brichten up yer armor, an’ be happy as ye
Thongh^your sky be aften clonde.., it winna be for
lang.
—Scottish American.
DEACON DODD.
Deacon Dodd once feelingly said,
About his Betsy, lung since dead,
“If ever an angel loved a man,
That angel, sir. was Betsy Ann;
If I happened to scold her, she was so m' ek,”
(Which the deacon did seven times a week,)
“She’d clap her apron to her eye,
And never say nothin’, but only cry.’’
Bnt, ladies, perhaps you’d like to be told
Tbat Deacon Dodd, like other men,
Waited a year and married again;
But he married a most inveterate scold.
And now ’tie the deacons tarn to be meek.
As he gets well rasped from week to week;
But rather than “open his head” he’d burst—
Be wishes the second was with the first!
But, as she’s as tough as a hickory limb,
No doubt she’ll 1> ve to say of him,
“If ever a saint the footstool trod.
That man—that saint—was Deacon Dodd.”
From the Chattanooga Times, 2Sth.
THE \V. ami A. II. R.
BBOCEEEINGS OF THE GF.OIiGIA INVESTI
GATING COMMITTEE.
The Committee of the Georgia Legis
lature continued their investigations yes
terday. A discrepancy of twenty thou
sand dollars was established in the ac
counts of one connecting road.
It was also put in evidence that Mr.
Nixon, shipping clerk for Mr. Pratt,
agent of the road, was himself a dealer
in grain and in agricultural implements,
jind. kept back other shipments of grain,
etc., in his own interest, until removed.
Testimony was also added to the effect
that Milo Prat r* being agent of the road,
and also ageuo of the Etna Mines, dis
criminated against other coal dealers.
Another witness testified that wood
was^charged for twice, and that wood
and crossties were taken to Scofield’s
Rolling Mill, and to A. L. Harris’ place,
and that other property of the road was
used for railroad officials.
The Committee will finish their inves
tigations to-day and will retarn to Atlan
ta to-night.
A Model Farm.
A letter writer has the following con
cerning Col. Lee Jordan’s plan tat ions in
Southwest Georgia, which are superin
tended by Mr. Lockett, himself a wealthy
man :
Mr. Lockett employs three hundred
and fifty men, including mechanics and
other attaches; works two hundred and
forty-eight horses and mule's, and culti-
vates thirty-five acres to the hand in cot-
mg^the^ attention of the civilized, world l and corn. Besides these principal
X" Al " A *' ~ e ~ crops he raises potatoes and vegetables
to the duty and importance of prison re
form.
Unselfish heroism ought to character
ize the men and women of our times.
Though every town and neighborhood
may be able to boast of some moral hero
or heroine, who goes about doing good,
not even “letting the left hand know
what the right hand doetb,” yet, selfish
ness is still the besetting sin of mankind;
and the vanity of notoriety in this day of
printing presses is contributing much to
degrade the popular estimate of the
merits of unselfish heroism.
Under a form of government like ours,
in which popular eclat is mnch of the
stock in trade of political tricksters, mo
nopolists and corrupt traders, the lever
age of the press is liable to be purchased
to loist into notoriety men destitute of
merit, and even some who, though sur
rounded by the elegant trappings that
money can purchase, are a disgrace to
civilization.
Evidences of this aie seen in the im
printing in the illustrated papers of the
images, (accompanied by laudatory bio
graphical sketches,) of men, who “by
hook or by crook” have become rich, and
sacriligiously denominating them, the
“self-made men of our times.”
In many instances referred to, the no
toriety secured is purchased. It is often
times noticeable tbat your “self-mad
man” of the picture papers has selfishly
made a fortune by sharp, if not by cor
rupt, practices, and has too little charity
to love even his wife. For example,
Boss Tweed and Jim Fisk.
for the entire force. This immense plan
tation is divided into settlements, on each
of which are employed from twenty to
sixty colored laborers under the immedi
ate superintendence of a white man.
These laborers are all hired at standing
wages, and paid off at the end of every
three months.
Mr. Lockett has established a free
school, and sent to Oberlin, Ohio, and
secured the services of two competent
colored teachers. The colored people
have also a church, which was erected
free of cost by the philanthropic gentle
man. "With all these surroundings we
infer they must be happy, for Mr. Lock
ett has the same force he had at the close
of the war, not a single one having left
his employment. His average crop is
three thousand bales, but owing to the
heavy rains of last fall his crop was cut
short one-half. We expect to visit his
place at some future time aud make a
detailed report, and, if possible, procure
cuts of his residence and other buildings
on his plantations.
Diamond Found in a- Ssliaving Brush.
The Chronicle and Sentinel of Augusta,
vouches for the following as correct in
every particular:
About eighteen years ago, two gentle
men of this city—well known in the mer
cantile circles—purchased two shaving
brushes from the drug house of Plumb
The brushes were of the or-
& Leitner.
So disreputable has.become the gazet- dinary kind, and cost, we suppose, about
ting of unworthy, ambitious men who
have amassed wealth in these days of
shoddy rule, that those who understand
the ways of the vain and unprincipled,
fifty cents each. The brushes were kept
at the barber shops and at the homes of
the purchasers until about two years ago,
when they seemed worn out, and were
look out weekly for the photographic used by the^children as playthings. One
image of escaped criminals and swind * * 1 1 * 1 * “ ‘ J
lers and sharpers, who have been suc
cessful, nnder the heading of “self-made
men of the times.”
Wealthy men of true merit shall have
a care that their images are not hung up
in disropntable places or among disrepu
table association. The making of money
is not always heroic, and it is not neces
sarily an evidence of intellectual worth.
Nor xs it necessarily an evidence of
high moral principle to lavish ill-gotten
gains upon laudable objects, that popu
lar eclat may be secured.
Sometimes it costs a greater wealth of
brains to set on foot a scheme to benefit
society and interest the public in it, and
more of true heroism to brook the oppo
sition of prejudice and ignorance, than
to pass a check for thousands.
The education of the younger mem
bers of society, involves a heavy respon
sibility on the part of the pres3 of this
country. While many parties, whose,
lives and features have been gazetted as ■
of the brashes was lost, but a few days
ago a singular discovery was made in re
lation to the other; while a little boy was
playing with it, the top became un
screwed, and in the hollow handle a val
uable diamond was discovered set in the
wood and carefully covered with pink
cotton. The exact value of the stone is
not known, but it is of pure water and
good size.
There are many conjectures as to how
the gem came to be in the handle of the
brush, the most plausible of which is
that it was placed there by smug
glers. Before the war, some importer of
precious stones, who wished to evade the
heavy import duty on such articles, placed
them in shaving brushes, and in this wsy
brought them under the nose of the cus-
Ii has been stated by a writer in one
of our State papers, as tho opinion of
Governor Smith that the commissions of
the “four years Judges” do not expire
until January next The same writer
also suggests that if these Judgeships*
expire in July next, so must tho Guber
natorial term; as both that and the Judi
cial are for four years.
I believe that these Judges go out, le
gally, iu July, and that their terms are
affected by Constitutional provisions and
policy nob applicable to the term of the
Governor.
Under our old Constitution, all judi
cial terms of the Superior Courts were of
the same length. Under tbat Constitu
tion no reason could be given for com
mencing to estimate any such term from
any other time than the date of the com
mission, provided that was based on the
regular and highest Constitutional moda
of appointment. Whenever resort was
had to the most 'solemn mode of filling
the office of Judge, a new term began”
and ran th**noe four years.
The new Constitution introduces anew
policy, on this subject, analogous to tbat,
which requires that one-third of the
United States Senators shall retire, every
two years. Half of the Judges of the Su
perior Courts were required to lie ap
pointed for four, and the rest for eight
years. But after the first set of terms
expire, all subsequent terms are to be for
eight years.
Why this provision? Obviously, to
secure, that there shall always be oil the
Bench half the Judges having the ad
vantage of four years experience; and to
prevent those sadden revolutions in the
principles and practice of the Courts
which would be possible if there could,
at any time, be a change of the entire
judiciary of the State ut once.
But how can this policy be carried out?
Clearly, not by counting all the terms
from the dates of their respective com
missions. That would make the differ
ent terms, (even of the same class), ex
pire at different times; and of course
new ones wduld begin at (different times.
By this means it would be possible to so
change, from time to time, the periods
of expiration of the different terms, as
to make all the Judgej, or more than
half, or less than half, go out at once.
In either event, the policy of keeping
half of the Benches occupied by Judges
of at least four years experience, would
be defeated.
The only way to carry out the policy
referred to, is to consider all die judicial
terms as beginning at some one fixed time,
and then let half expire ia four, and half
in eight years, from that date. Then,
the new legal terms beginning at the ex
piration of the preceding ones, the prop
er succession contemplated by the Con
stitution, will continue uninterruptedly,
for all the future.
But from what fixed lime shall ice begin ?
If we begin at any time’subsequent to
the date when the Constitution went into
effect, ii cannot be later than the date of the
earliest commission granted tliereunder.
Else, the term granted under such earliest
commission will be either Wore than four
or more than eight, years; while the fun
damental rule is, that each term shall be
either just four, or just eight, years
long.
It seems to me, that, to make all the
terms begin at once, and from a time
definite in law, we must count them all
from the date when the present Consti
tution went into effect. July 21st, 1868,
has been determined, by the Supreme-
Court, to be that date. So I conclude,
that oil the judicial terms began then,
and, therefore, that the “four year’s terms
will expire July 21st, next.
The above constitutional policy, as to
the succession of new to old officers, and
keeping a certain proportion of old ones
always in duty, has no application to tho
Gubernatorial office.
But that provision which requires all
officers to continue on duty till their suc
cessors are duly chosen and qualified, ne
cessitates the continuance of Governor
Smith in office until the regular election
and inauguration of his successor under
the law.
It has been suggested that, under this
construction, incoming Governors will
never have the appointment of Judges,
but out going Governors will [always have
that patronage. I know ho considera
tions of law or public interest, which de
mand that a Governor just elected shall
have such patronage and responsibility,
instead of one whose term is about expir
ing. Every incoming Governor will, in
rime, be an out going one ; and whether
these appointments belong to the begin
ning or to the close of his term, matters
not to the public. Perhaps it is even
more eonsonent to the politics of the
Constitution, which seems intent on
avoiding sudden and revolutionary
changes, that a popular election for Gov
ernor should not be followed immediately
by a chauge of half the Judges of the
S ate. And' if this construction should
leave a candidate for the Chief Executive
Office, with less powerful inducements in
his hands, wherewith to buy up support,
that does not hurt the public, nor impair
the purity of elections, nor diminish the
chances of wise and patriotic judicial ap
pointments.
Bnt, should the Legislature deem it an
evil, that incoming Governors cannot
have such patronage for immediate be
stowal, that evil can be better remedied
by changing the time for the Guberna
torial election and inauguration, for the
future, than by infringing on the Consti
tutional limitations and scheme of judi
cial terms.
In conclusion, it is my opinion that it
is due to the Constitution and to the
country that the new Judges should be
nominated to the Senate in the July ses
sion, and that Governor Smith ought
not to suffer any notions of liberality
to his successor, or any political
policy, to hinder him _ from
filling these terms in the Constitution
al way, and at the Constitutional time.
Should he fail to act, it will needlessly
disjoint the beautiful scheme of suces-
sion carefully laid in the fundamental law.
And what reason, satisfactory to those who
look to the public weal, can be assigned
why the present Governor, with a com
petent Senate in session, should hesitate
to discharge such a responsibility laid on
him by the Constitution ?
He is not a man, in the writer’s opinion,
to suffer any notions of personal policy to
direct his conduct on such questions; but
will follow the dictates oi enlightened
of duty.
tom house officers without creating the
suspicions of the latter. Afterwards the I j ad gment as to the cour
enterprising jeweller forgot to remove I Consti i ction.
some of the jewels, and tlie brushes went t
into the hands of the druggists. j Major Campbell Wallac has .id his
Marie for the pur-
indicated above, are worthy of all praise, j -•L’* Wm. Askew, aged 70, died last i fine iesti<nce
and are an honor to human natur., ti-e ; ,,eti, uearFo vclton,iu HaucocK county. ; peso a: reu.ovi: