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TBK ATLANTA WEEKLY SUN, FOR THE WEEK
rrH F, ATLANTA SUN
fbom our daily edition op
gninrdnv% fr"ovemfu'r2«Jg7g:
Jnlinn iiurlrt'l^e unit Hi* Letter,
Once More,
i ■
In addition to what wo said yesterday
J this extraordinary production, we re-
bieo tlio subject to-day, with a notice of
omo points in it which lack of time at
nr last writing prevented.
\Ve have characterized this letter a3 a
lost extraordinary production. It is
lost extraordinary in two particulars, at
5t. It is most extraordinary, first, in
liis, that it purports on its face to bo a
Direction of our “assertions’’ as to what
»s the position assumed by him in his
avannah speech, while its whole tenor
a labored effort to sustain the position
signed him by us.
“I am unwilling,” says he, “ that his
ior) assertions as to what my position
should go forth uncontradicted, and
m i create an impression that I and my
ointff, as he styles them, maintain
7 such doctrine as he attributes tons.”
Now, will onr readers bear :u mind
bat was onr assertion as to his position,
d what was the doctrine attribnted by
to him and his associates ? Did we,
any part of onr strictures npon the
ntimeuts and doctrines of the speech,
timnte, .much less “ deduce tbeconclu-
os ho says elsewhere, that he ad-
cat<d "all the principles of Mr. Gree-
’ Most assuredly we did not. The
and substance of our “assertions”
d “deductions” was, that he advocated
■. Greeley’s election, not as “a choice
evils,” but upon “principle;" aiid
it by the speech he stood pledged to
intain and vindicate those principles
Mr. Greeley specifically set forth in
; epitome of the Cincinnati Platform !
s not this a clear and correct ututo-
ntof what we said of his position?
s he joined issae with ns in the slight-
particular relating to the substance of
Is state ment ? Has he not permitted
ill “ to go forth” entirely uncontro
lled ? So far from having anything in
^tempting even, to contradict it, is
his whole letter a labored effort to
|intain the correctness of the position
assigned him, and to defend the dioc-
e attributed by us to him and uis as-
iates ? Is not this true ? Are we not
it, then, in styling an exhibition of
sort a most extraordinary spectacle?
ut, in the second place, this prodne-
of Mr. Hartridge is still more extra
inary in its attempts to show that Mr.
ley’s principles, ns set forth in his
(erof acceptance—(not "all hisprin-
but those to which we specially
rred,) are in accordance with the an-
t Jeffersonian Democratic faith,
e intend no injustice to Mr. Hart-
;o or any body else. His words are:
[the present Juncture of political affairs, and
il at all time*, the right of i ach State to local
i vert au nt, and the security of the personal
j of the citizen, are the two #r*at leaning fun-
ulal prluciplea upon which rest ail our rights
iisnn nml p.opeity; the enjoyment and possea-
if the two will obtain for ua all the blessings,
all), we can dsaire.
peat, the Ciuciunati and Bzltlipnre plat-forma
Mr. Greeley's letter ol acceptance guaranty
two principles to us.
ns is a broad and most unequivocal
rsement of the principles, doctrines
policies of the Gincinnati-Baltimore
cal Platform, with Mr. Greeley’s
sition of it. Did we say anything
r. Hart ridge’s position inconsistent
what he here distinctly avows for
ell ? Nay, more; in another part
s letter, in speaking cf the doririnea
is Greeley Platform, he says they
nize
'inciplaa which aro cardinal and life-giving
vs ot the Democratic faith, and have been so
Ithe time of Jeffersou."
|i erein does this contradict anything
rid of the position of Mt 1 . Hartridge
i psscciates, who ore thus attempt-
■ persuade the Democracy of Geor-
bat the Radical Oinciunati Platform
bdies the true principles of their
|e issue between us and Mr. Hart-
is, are Mr. Greeley’s principles
ttic ? In another part of his let-
1 uses this language:
i adoption of thoao two principles in their plat-
t Baltimore,,the representatives of Democracy
saembled gave up up rights of tho States, or
Ividial citizens, but reaffirmed tho doctrines
(arson. Tho Liberal Republicans, in pnannl-
I these principles at Cincinnati, abandoned the
loud course of the Radical party, headed by
1 and planted themaalvea on Democratic faith.
Humph of this platform in tha next election
jcnre the right of self-government to tho
MO thus overthrow the power of centraliza-
} Washington, which is the cause of all our
power now represented by Giant and his
[this Mr. Hartridge distinctly de-
i that Mr. Greeley and his so-called
era! Republican" a; so ..iates, have
ioned ,l the policy and course of
ftadical party,” and “planted them
i on Democratic faith.” Was ever
ier or more groundless or reckless
lion made by any man of Mr. Hart*
|’s intelligence ? Does he really be-
rbat he says, or does he, knowing
assume that the people of this
try are such dupes as to ba imposed
[by such statements ?
re we not shown what Mr. Greeley
|iims^ of his own understanding
s^^fcform ? When did he ever
1 t^^Bibamloned either the “prin
I o^Pmry” of the Radical party
fie not very recently declare, at
furg, Pennsylvania, that this Cin-
li Platform, so far from being plant-
| Democratic principles, was “tub
INTENSE, THE COMPLKTEST RePUB
[n (that is, Rsdical) Platform ever
JENTED BY ANY CONVENTION WHAT-
ft
> not Mr. Greeley here most pos:
affirm of his own platform that
foru Radical than that npon which
ri Grant is running?
Radical party, it ▼“'old seem from his
own declaration th* was because their
principles were no uffioientiy Radical
or Centralizing for hnr| They were not
intense enough.
Their Fremont Pla* of 1856 did
not go far enough. T1 Chicago Plat
form of 1860 came shorj cf the mark,
because it recognized the Sovereign
rights of the States. The Platform of
1864 also came short of the mark, as did
that adopted at Chicago in 1868, because
it declared that the regulation of “the
right of suffrage” was a matter that be
longed to the States.
But this Cmcinnati Platform, accord
ing to his understanding, brings pure
and unadulterated Radicalism to its cul
mination.
This declares, as wo have shown again
and again, not only that the great re
served rights of local State government
and personal seenritv. the two great es
sential principles of the Democratic
Party from the day3 of Mr. Jefferson,
as Mr. Hartridge says, bnt everything
else pertaining to the internal polity of
the States shall be enjoyed “subject"
to the discretion and “ rightful control”
of tho central power. Mr. Hartridge
admits this to be true. This platform,
moreover, declares most explicitly, in
snbutance, not only that the central an-
thority has power to interfere with the
internal polity of the States at pleasure,
but that it is under “ a solemn consti
tutional obligation” to do so, when
ever, in its judgment, it shall be neces
sary “to maintain the equal bights,
political, civil or social, of tho inhabit
ants of the States respectively.
It was upon these Radical centraliz
ing principles and “policy,” Mr. Gree
ley advccated the whole of the “recon
struction ” atrot ities. It was upon these
principles and policy the Enforcement
and Ku-Klux Acts with all their wrongs
and outrages were based, and npon which
they to-day rest for their justification.-
,Is it not most extraordinary, that Mr.
Hartridge should say that Mr. Greeley
has ever “abandoned” those “principles”
or that “policy ?”
Does pot his Platform clearly cover,
and attempt to justify the whole ?
Mr. Hartridge, it is trae, exclaims in
most denunciatory terms against the
outre ges of the^ Enforcement and Ku-
Klux Acts. But does nofl^Mr. Greeley
stand pledged to the principles and pol
ioy of both ?, Have not we shown from
his speech at Corry, Pennsylvania, one of
the last he made in his late electioneer
ing tour in that State, that he, so far
from having “abandoned" the Radical
party on that measure and having es
poused the Democratic faith, openly pro
claimed his advocacy of the “principles’
on which the act was passed, and boasted
of its success in extinguishing “a con
spiracy” which had been gotton np by
the Democracy, and was a “burning dis
grace to the civilization of the age ?’
Bnt why continue this notice of Mr.
Hartridge’s letter, which, as we have
said, is only a labored effort to show,
not that we were in error in assigning
him the position we did, and attribnting
to him and his associates,tho doctrines we
did; bnt that he was right in maintaining
that position and those doctrines,
These doctrines we have said, in sub
stance, and now repeat, amount to the
oompletest embodiment of the principles
of a centralized consolidated empire ever
before presented to the people of the
States.
If Mr. Hartridge and his associates see
fit to adopt them, let him and them do
so without complainirg of onr misrepre
senting them. If the Greeleyites of
Georgia see fit to adopt them, let them
also do so; bnt let no man who has any
regard for the truth of history, under
take to maintain that they are in accord
ance with the teacnings, the precepts or
principles, of Thomas Jefferson or of the
true Democracy. It is uguinst this we
protest. A. B. S.
A®* Way will our country exchanges renuer
laiir columns valueless by interlarding their read.
matter with “local notices" of teas and hams,
etc. etc. Some of onr contemporaries have carried
this practice to such an extent that a reader really
grows tired before he picks out a news item from
the mesa.—Monroe Advertiser.
And we wilt odd that no country paper
we see is a better pattern for imitation in
its freedom from the weakness afore
mentioned, than the Advertiser. As
country weekly, it has no superior in
tho taste displayed in its make-ap
Our noon telegrams inform that
the terrible equine malady continues to
spread. Anxiety will now be felt for
onr Southern cities, and since its ravages
are no les3 formidable in Baltimore and
Washington than farther North, grave
apprenensions may well be entertained
of its spread Southward. Would it not
be well for all Southern State authori
ties to look into the situation, and i^the
disease is infectious, take steps toward
preventing its introduction into the
States?
£§?* Full returns from the Congress
ional race in the Fourth District are not
yet in; but the counties heard irom give
Beck a handsome majority, which will
doubtless be increased by the returns yet
to c ;me in. The counties and majori
ties reported last night were: Bibb, 143;
Baldwin, 422; Patnam, 200; Jones, 400;
Pike, 175; Spalding, 46; Monroe, 311;
Twiggs, 130; Wilkinson, 662; Rockdale,
125. Upson, Henry, Newton, Butts and
Jasper counties are yet to De heard from.
The foregoing reports are not all official,
though considered correct.
A question of Palace etiquette
has arisen on the Continent, which per
haps may have to be adjusted by arbi
tration. When the Czar of Russia was
at Berlin, the Prussian Army officers,
according to what is said to be a very
old custom, were permitted to kiss the
Czar-ships right baud. The Berlin
Court thinks that the same homage
should now be shown the imperial hand
of Kaiser William on the visit which he
is now in torn to make the Czar. But
this the Russian officers refuse positively
to do. It is the gallant custom there to
kiss no other hands than those of the
Empress Dowager and reigning Em
press. We see no way of . settling it, and
the consequences will be—well a duel,
perhaps.
*-#-4
Tlie Death of Sirs. Greeley.
Meteorological—Haln-fall for October.
Liberty Hall, Cbawfordvtlle, Ga., 1
1st November, 1872. )
The rain fall at this place daring the
month of Octobe- just passed, by actnal
measurement, was as follows:
Oct. 32 *nd 23, [night and morning,] 10 of u Inch,
Oct. 30, •• *• 25 ••
Aggregate for the month 65 "
The aggregate for the same month in
1871 was 2:15 inches. Excess last year
over this for the same month, 150 inches.
A. H. S.
An episode occurred in the U. S
Commissioners Court room in Macon on
yesterday that caused, and continues to
cause, no little indignation among the
citizens. A Justice’s Constable, acting
nnder instructions received from Mil-
legeville, proceeded to arrest one George
Wallace, against whom there was a crim
inal prosecution. Wallace, who was
witness before the Commissioners Court,
was standing in the hall, outside of the
Court room, when arrested, bnt the ar
resting Bailiff was arrested by the
Marshal nnder charge of contempt of
Court, remanded to jail, and refused any
bond whatever.
— Sore-throat in Americas.
— Harry McCarthy and troupe appear
in Macon next Friday.
•—In Rome there are 295 registered
white voters, colored, 146—total, 441.
—The Rome Rolling Mill is out of
coal.
—The Rome Commercial discusses the
ghost question.
—Mrs. Bowers is starring through the
State. She will be in Coiambus on the
8th.
— Americas has been afflicted with a
soiree. We suppose “ Molly” Miller was
there.
-General Joseph E. Johnson is again
at his home in Savannah, from an ex
tended trip North.
—“Andrew Jackson” has taken a prize
at the Columbus Fair, “behind the cot
ton bales.”
— Bad Americas whisky threw an old
negro into a well Wednesday night. He
was rescued.
— Mr. John Collins, a most excellent
young man, of Quitman, who was at
tending medical lectures in Baltimore,
died recently in that city of small-pox.
—The mortuary _ report of Rome re
ports very little sickness—daring the
month of October there being bnt eight
deaths, six white and two colored.
— John Freeman and Hobby Jennings,
two “ colored indiwidooais,” had a pis
tolling in the outskirts of Augusta, and
Jennings expected to occupy six feet- by
two of ground in a day or two.
- A negro thief, Magrath, robbed a
geath-man who was engaged in a horse
trade, near Augusta, Saturday. Ranse
Wright should keep better order in his
comer.”
— A young lady in Washington county
a few days since, discovering the roof of
her mother’s honse to be on lire, scaled
a ladder and extinguished the flames in
gallant fireman style.
—A Savannah negro trying to capture
a horse in a pasture, accidentally caught
the heels of the beast instead of the
bead, which will necessitate his letting
“the corn cake be” for a time.*
—At the Columbus Fair prizes were
awarded the following young ladies for
cooking: Misses Mollie Watkins, Ella J.
Lamar, Theresa Stern, Mary Lockhart,
Lillie Radcliffe, and L. J. Floyd.
—Tho Chronicle and Sentinel reports the
murder of an esteemed citizen of Rich
mond county. Mr. Martin was attacked
and robbed by a negro highwayman,
named Henry Johuson, and several
aliases, from the effects or which he died
on Friday last. The culprit was arrested.
— The Savannah Advertiser of the 3rd
instant is before ns. It is really the
neatest and best issue we have yet seen
in the Southern States. The editors and
the printers seem to compete with each
other, and they have both done their
work so well that it only remains for us
to say that the paper is perfect. We
hope that others will take it as a guide.
POETRY.
IBde. Sun: The following beantlfnl poem appeared
not long since in the -Rural Sun, a new agricultural
paper Juat started at Naahville, Tenn. It is from
the pen of Mra. L. Virginia French, a talented and
accomplished lad). The sentiment breathed there
in iaequally applicable to your Sun, whose warm,
genial rays enUven and light up the Empire State of
the Sooth, and ia the beacon of true Democracy. Its
reproduction is respeclfuUy dedicated to Mrs. S ,
of Atlanta, a lady of rare accomplishments and full
of true poeti c lire, and she, in common with a host
of others, wUl see in it “a thing of beauty.”—T.]
"SW-RISE.
A song for the sun-rise—a Jubilant rally,
A. reveille -gladsome that thrills to the soul—
A song that arouses both mountain and valley,
As the soft-eweliing surges exultantly rolll
A lay for the Light, which in beauty'unclouded.
Clothes rarth in Us joy ere tho Day has begun,
When Aurora comes forth from her shadows, un-
shrouded,
And aglow with the hisses ef Zephyr and Sun.
A song for the glory that breaks from the dawning,
llisp lling the darkness and gilding the cloud;
A hymn for the advent of diademed Morning.
And Day-star her ht-rald, and harbinger proud.
Like a dominant power—a conquering augel
Aflame witu ihe triumph of victories won.
Proclaiming a new and life-giving evangel,
In raoiance royal up rises the Sun!
All hail to the crystalline splendor which dashes
Like torrents of flame over wood-side and wold.
Afar from the Orient's portals it flashes.
And gloom takes the glory of scintil'ant gold.
How grandly it sweets down the crag-rifled moun
tain!
Ti!l the fire-smitten snmmits*blaze forth one by one.
Like the mightiest altars,—and each singing foun*
tain
Laughs out In Us jewels—a child of the Sun!
What warmth in the sun-burst that lovingly quivers
O’er city and hamlet—o’er hUl-side and plain—
O’er the glimmering sheen of deep, slumberous
rivers,
And the resonant waves of the storm-riddeD main.
Like wine it flows over tho emerald meadows,
with crimson and amber the rivn'ets run;
Fast into the ravines are crowding the shadows
That flee from the face of the conquero Sun.
The quail calls his mate from her home in the
hushes.
Where diamonds glint on the goll of the sheaves:
And the white heron answers the oaU from tlie
rushes,
The blue-bird replies from her sheltering eaves.
Rich chimes of the morning resound thro’ tho
arches
Oi forest, and grove-land, and rock-tower dun.
To hail the battaliions of Light on their inarchts—
Gold-bannered armies that herald the Snnl
* * * * * *
Now—why not a song for the “Sun” which is rising,
A light-bringing agent, (not angel,) wo find
To be shedding its glow at a rate that’s surprising
Afar over the mountains and valleys of Mind?
PerhapB it “won’t pay,” but if I were sdvising
Tho “sovereigns” on subjects they oughtn’t to shun,
'd just ask the “dear peuple” (in neat advertising,)
To make themse’ves Ghebers, and wot ship the “Susl”
And I’d say to 'em—Sing! for the morn that floats
o’er ua .
Is gorgeous with Promises’ beautiful hue,
’Tie a sunrise of Mud spreads its glories before us,
As it welcomes the noble, the gifted, the true.
(To be honest, these rhymes without reason do boro
us,
But that doesn’t hurt if tho singing bo done:)
So with warm beating hearts aud a pioud swelling
chorus,
Here’s a song for the “SuN”-riso—good luck to tho
Sun!’
Our dispatches of Thursday brought
the news of the deatn of Mrs. Horace
Greeley, and on yesterday, all that was
earthly of one who for a great while has
been acquainted with suffering, was con
signed to the da3t. For several years,
she had been spending mnch time at
watering places in Europe, in a vain
Dope of regaining her health. But a
ruthless disease had implanted itself iu
her constitution, and a. few weeks after
her return from Europe, withered her
leaf ol life.
Forty years have passed since Mr. and
Mrs. Greeley were married. Then, they
were poor and unknown, aud had to
toil and save, as the poor have done and
must always do. But fortune smiled
upon them, and to the poor young man
of her love, in the latte: times, have
come fortune and fame. And in the
history of the life of Horace Greeley,
who will say how much is due to her for
the success he has achieved ? To the
poor and unfriended man, straggling
with a heart of ambition, the wife who,
at his side, toils and saves, as she smiles
and encourages, is an arm of strength,
and an ever welling spring of joy, and
her name should accompany his in the
record of his honors, however glorious
they may be.
The sympathies of the nation will go
up to the bereaved husband. Even the
heat of the political contest will be for
gotten for a time, and those who are his
political enemies, as well as his fiiends,
will tender heart-felt condolence over his
great loss.
SDN STROKES.
— Dick Thompson says he don’t want
to be Senator from Indiana. Now, the
next question is, who is Dick Thomp
son?
—A Straight-out Democrat is a man
who is going straight out of the Demo
cratic party into the Republican party.—
Staunton Spectator.
Then how straight our Greeley friends
most be!
— The Savannah Republican isn’t
straight! It takes “pearlin vinegar,”
and introduces “Cleopatra” with Sena
tor" Norwood and his Atlanta Greeley
speech, in a comment upon Mr. Steph
ens’ notice of the latter. From Chappa-
qua and its vegetables, to Egypt and
pearl in vinegar 1 Badly mixed !
Southern New*.
—About twenty-five bears were killed
in Beaufort county, N. C., in one week
— The Chattanooga Times understands
that the Alabama and Chattanooga Rail
road is paying expenses.
— Multitudes of people visit the Mem
phis Industrial Exposition, which the
papers there say is a grand success.
■An old man named Fred Miller,
living six miles from Louisville, Ky.,
died last week, from voluntary expos
ure.
— Last week some unknown person at
tempted a rape on a German girl near
Ridge-top, Tennessee. A negro was ar
rested and imprisoned upon the charge.
A Mrs. George Kelley, of Millers-
burg, Ky., has a baby who, at three days
old, weighed ten pounds, who could sit
alone in a chair.
— Sheep raising ia said to be profitable
on the Rio Grande. The second crop of
wool from thereabouts is now coming
into market.
—Mr. George O. Brown, of Danville,
Va., was; instantly killed by falling from
a bridge in Lynchburg, which place he
was visiting at the time.
— Says the Charleston Courier'. “Bul
loch is writing vindicatory addresses to
the Georgians. They are writing vindic
tive ones in reply.
— A negro man and woman at Shiloh,
Marengo county, Ala., were shot during
the excitement over a gin honse burning.
One Wiley Jones was arrested and bound
over on the charge.
— Will Yarney Gaskell and Sam Bard
never burn out their supply ol gas ?
quant.ty of it is escaping in tlie State of
Tennessee now-a-days. They are the
worst set of Grant men.
—In an altercation between A. B,
Marbury, Principal of the High School
of Goodlettsvitle, Tenn., and a Mr.
James Johnson of that town, tha latter
was severely stabbed. Johnson was in
dignant on acconnt of Marbury having
flogged one of his children.
— A correspondent of the Savannah.
News, from Monticello, Fla., states that
there is a growing disposition in that
section in favor of giving the western
part of the State to Alabama and the
middle portion to Georgia, thns making
East Florida constitute the State.
— An ox breaking from a beard, at
Lynchburg, Va., ran wildly through sev
eral of the streets into a crowd of colored
children, killed a half grown girl, by
goring through her lungs, seriously in
jured another, and slightly wounding
several boys and girls.
HEAD NOTES OF THE DECISIONS OF
THE SUPREME COURT OF GEORGIA
Delivered in Atlanta, Tuesday, Oct. 29, ’72
Allen H. Greer vs. Martha Hangabook.
Refusal of injunction, from Macon.
McCAY, J.
1. Section 721 of the Code prohibiting
the establishment of private ferries with
in three miles of any public bridge, does
not prohibit the establishment of a pri
vate ferry within three miles of any pub
lic ferry.
2. Section 724 of the Code authorizing
the owner of any land through which a
stream passes, on both sides of said
stream to establish a bridge or ferry
thereon at his own expense and charge
toll for crossing, is to be construed in
harmony with section 2,207, which pro
vides that the right to construct a bridge
or establish a ferry for private use, within
or adjoining lands, is appurtenant to
the ownership of the land, but the right
to establish and keep a public bridge or
ferry is a franchise and must be granted
by the State, and so construing, section
724 is only to be understood to apply to tt
private ferry, which the owner of the
lands may establish for his private use,
and which he may also occasionally use
for carrying others over and charge toll
therefor, but which he cannot commonly
and usually use for such purpose, so as to
make the same a public ferry.
3. A franchise of a ferry is the subject
of sale, and may be transferred and in
herited.
4. A franchise of a ferry may be lost
by nen-user, bat under section 1G80 oi
our Revised Code, the forfeiture only
dates from a judgment of a court of com
petent jurisdiction declaring the forfeit
ure. Judgment affirmed.
Phil. Cook, represented by Henry
Jackson, Esq., for plaintiff in error; W.
A. Hawkins ior defendant.
Elizah Robson vs. Phebe Lend rum.
Application for homestead, Irom Bald
win.
MoCAY, J.
If, in an application for homestead and
exemption under the act of 1868, objec
tions .be filed to the plat and valuation of
the realty, and the matter is postponed
by the court to a future day, it i3 not too
late, on the arrival of that day, for an
other creditor to appear and file objec
tions to the schedule of personally.
A widow and minor children are not
entitled to an exemption of personalty
in the estate of a deceased hnsband and
father if they have already received the
value of one thousand dollars in specie
from said estate allotted as the “year’s
support,” under the provisions of the
Code.
Wm. McKinley, Esq., for plaintiff in
error; Crawford & Williamson for de
fendant.
disturbed in the possession by showing
A’s want of title, unless he show that A
is insolvent, or show other facts to estab*
lish the insufficiency ot his warrantee.
Judgment affirmed.
Billups & Brobston, for plaintiff in er
ror; A. Reese & Joshua Hill, for defen
dant.
D. A.Newson, Ordinary, ot al., vs. James
M. Stark, administrator, et al. Bill
aud demurrer, from Greene.
McCAY, J.
1. Under the Revised Code of this
State, our Courts of Chancery have juris
diction to carry into effect charitable
bequests, the objects of which are defi
nite and specifio and capable of being
executed.
2. In determining what bequests fox
charitable purposes are definite and
specific and capable of being executed,
the court is to bo guided by the well set
tled rules of the Court of Chauceiy in
England in the exercise of its inherent
chancery jurisdiction over charities as dis
tinguished from its jurisdiction as the
agent of the King in the exercise of his
prerogative power to direct and give
effeot to indefinite charitable bequests,
8. A bequest to the Inferior Court of
a county of a sum of money to bo placed
in the hands of four men, who are to give
bond and security, whose duty it shall
be to loan out said amount and pay over
the interest annually to the Inferior
Coust, to pay for the education of poor
children belonging to the county, and
that no part of the principal shall he
used for that purpose, is, according to
the well settled rules for the exercise of
the inherent power of a Court of Chan-
oery over charities, sufficiently definite
and specific in its objects and sufficiently
capable of execution to authorize and re
quire onr Courts of Chancery to give it
effect.
4. it is tho duty of the Inferior Court,
on its acceptance of the trust, in such
case, to appropriate the money, as di
rected, and if any difficulties arise, or
any uncertainties exist, as to the precise
objects, or as to the mode of applying the
fund, to apply to the Chancellor, who will
direct, by decree, the leading details of
tho scheme to be adopted. Judgment
reversed. *
A. Resse for plaintiff in error; M. W.
Lewis, J. A. Billups and D. McDaniel
for defendants.
B. E. Walker and Jas. M. Walker, ad
ministrators, vs. E. T. Walker, et. al.
Equity, from Greene.
MONTGOMERY, J.
1. Distributees are not entiled, as such,
to recover anything from the adminis
trators of the estate in which they claim
an interest, when it is clearly shown
that the estate has become insolvent,
without fault of the administrators. An
insolvent estate is none the less so be
cause the claims against it are judgments
obtained on debts of the intestate, crea
ted before June, 1865, to the executions
issued upon which it will be necessary
for plaintiffs, in fi. fa., to attach affida
vits of payment of taxes before they can
be levied. Judgment reversed.
E. L. Lewis, Baugh. & Arnold, for
plaintiff in error; Robinson & Branch,
for defendant.
DEATHS.
The Latest fbom Db. Livingstox*.—
Mr. Stanley has recently reoeived a letter
from John F. Webb, United States Con
sol at Zingabar. dated the 25th of Au
gust, 1872, in which Mr. Webb informs
him that he has reoeived a letter from
Dr. Living*tone, dated July 2d, 1872, at
Uni amyembe. Dr. Livingstone does
not communicate his intentions, bat ex
presses the bigh»-*>t gratitude to Mr.
Stanley for hi* tffort* to aid him, and
rfr. Greek y has aband ned the j cuiupiuuuntx hi* indomitable plnck.
— The Savannah Advertiser i3 elated
with the idea of one day seeing tho waters
of the Mississippi flowing past its doors,
and suggests that the Governors who
y> to meet here on the 19th November
consider this prodigious scheme be
invited to survey Savannah’s commer
cial importance.
—Some fellow, who is not in the per
formance of the work for which he is by
nature peculiarly gifted, unless he makes
his daily bread by constructing doggerel,
contributes to Mr. Greeley’s support iu
the columns of the West Point Hews, this
choice bit:
“Grant officers all.
Both rn*t and smiU.
Are picking it Greoley’a bones.
Esch scallawsgger
Anfl ctrpeibsgger
Axe anxious to hesc bis groens. •
Hsve courage, Greeley boys.
And diaappoim their joye.
B) stirring aronnd quite treety,
Wr’il break their sway.
And here they von’t .:*v
ll *e elect Brown and Greeley."*
— Mrs. John Cooper, of Savannah,
died on Thursday.
— November 2—John, infant son of
J. A. and M. B. Briton, of Savannah.
— In Covington, October 29tb, Cleo.
Belle, infant child of J. T. Corley.
— In Savannah, on 31st October, Mr.
W. P. Clark.
— In Covington, on the 29th October,
at the residence of her son, CoL J. T.
Henderson, Mrs. Rath Henderson, in
her 83rd year.
— Mrs. Louisa Stubbs and Mrs. Mary
Crooker, of Stewart ct nnty, each 99
yeans of age, died on the same day Iasi
week.
— D. C. Hamill, Esq., of Cbatta
nooga, fer over 20 years a J. P. for the
17th Military District, died at his resi
dence on Friday night.
The indications are that Mr.
Beck’s majority for Congress in his Dis
trict wi-1 exceed 3.000. The ufficial re
turns ixo u uiud couuties give him 2,033
la-ji’ritv, wnd luo estih-uted majuruies*
iu the remaining live uuuutiea exceed j
11,000. 1
James W. Herty vs. John M. Clarke.
Complaint, from Baldwin.
MONTGOMERY, J.
1. A settlement between two parties
whereby one buys the other’s interest m
the partnership property, and gives his
note for the amount found to be due,
the retireing partner does not estop the
maker of the note from pleading and
showing, when sued on the note, that it
was given for two much, by mistake aris
ing out of an erroneous charge against-
the maker of the note in the settlement.
The fact that the maker received the
cote after discovery of the mistake by
him and while it was a matter of dispute,
still insisting that it existed, does not
vary the rule.
2. There being evidence in this case of
the existence of the mistake, and the
jury having so found, we will not disturb
the verdict. Judgment affirmed.
Crawford and Williamson for plaintiff
in error; Wm. McKinley for defendant.
A Sad gcaue In a Theatre.
Last evening, while the audience was
deeply interested in the play at the the
atre, a young child was observed walking
down the aisle qui^L -un. ^..uas
step. Ker face and eyes betokened
weeping, and even yet the un wiped tears
were trickling down her palo cheeks.
The little one, after glancing hurriedly
and anxiously down the aisle, darted for
ward toward a young woman sitting near
the stage, and bending over behind her,
faltered out between her sobs, “Oh dear!
oh dear! Father’s—dead!”
The young woman, startled by the sad
den intelligence, exclaimed: “Oh, my
God—my poor father I” and hastily arose
and with the mournful and mourning.
messenger, left the gay place of pleasure
for the darkened chamber of death. The
scene was noticed by a number, and for a
little time afterwards there was not a mur
mur of applause or a sign of a smile on
the audience. As the play progie o< jed
the depression passed away, and soon the
sad scene of real life was forgotten in
the painted representation with the feign
ing characters on the stage.—Troy [N.
r.) Press, October 22.
Death from. Fright.
Robert J. Booth vs. Thomas P. S iffold.
Complaint, from Morgan
McCAY, J.
Where A and B entered into a written
contract, in which A agrees to sell and
make a fee simpls title to B of a parce
of land, and B agrees to pay to A eight
hundred dollars in cash on a fixed day
thereafter, and to give on that day his
note for three hnndred dollars, dne one
year thereafter, and B took possession
o* the land.
Held, That the covenants of A to
make the deed and of B to pay the money
were mutual and dependent covenants,
and an action would lie in favor of A for
the money, on his offer to perform, and
B thereupon failing or refusing to pay
the money.
In mutual covenants of this character,
it is not necessary that a formal tender
shall be made by either party. If one
offers to perform his part ot the oove-
n*nt and the other refuses, the right of
action is complete, and it is not neces
sary, that the pariy offering to perform
shall prepare the deed and tender the
m«nA.
It B buy land from A and take pos-
Ktision; he i-aniiot resist the pajineut of
the purch&s. money if ho has
One diy last week—Friday we believe
—a womau named Jones, who resides be
tween Cambria and Randolph, in Colum
bia county, missed her little boy, and on
searching for him, found that he had
climbed to the top of a windmill recently
erected, and was sitting on the staging
aronnd the fans. The shock of seeing-
the child at such an attitude so fright
ened the mother that she foil backwards,
and wren those that were near by catne
to her they found her dead. She has a
sister, it is said, residing in the city.
The boy came down of his own accord
without the slightest injury, a mother
less child.—Evening Wisconsin OlL 23.
An eloquent and generally veiy suc
cessful revivalist was recently exhorting
an Ohio congregation with great zeab
but no effect; not a man seemed nnder
conviction. Finally an anxious looking
man stood np and moved that as the Elder
had worked so hard for their good they
give him three cheers, and they were
delivered with a will.
A Mrs. Alger, of Grand Mound, Ia.,
lately hung herself to a door knob.
Either the door knobs tore very high
«uit there, or Mra. Abater W&3 y