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VOl. 111—3STO- 0*7.
THE ATLANTA SUM
From The Bally Hob of February 1, 1873
PERSONAL AND GENERAL.
—Dr. R. D. Arnold ba« been elected
t^lnnan of the ft* ran nth City Council.
Five hundred and sixty new build-
were erected In Loul-irlll#, Kentucky, during
pset > tar at a coet of f S,(JbO,uOU.
—The Bibb County Agricultural So-
•lety now number* one hundred and forty active
Bixaberi.
Xbe negro who murdered Woodson
Allan near D idleyville. Ala. waa arroeted laet week
in Uo K au*nl)e and carried in iron* to LaFajeite.
The Mi^iftfcippi Mills at Wesson,
■la* will **0(1* floe display of their fkbrlc* to the
lute, national Eipoatnon at Vienna.
Mr. Obijah T. Marrs, of Tompkins-
vllle, a gallant aoidier In the war of 1812, diet at hia
iwai.lence in Monroe county, Kentucky, on the 2Glh
ajtliuo.
—The Central Railroad Company will
paaa viaitur* to and from the Spring meeting of the
Savannah Jockey Club, commencing on the 4ih,prox-
lmo fer one fare. Tickata bald good from the iid to
9th lnclaaive.
— It is reported from Troy, New York,
that In the village of Kaeaan, near by, a mother and
twocliddren died recently trotu euppoeed poison, In
dunking cider from a brandy cask from which the
•opperas had not been waahed.
—A cave in Mulilenbnrg county, Ken
tucky, wae recently explored for half a mile, and a
petrified man aad woman found, dreaeed in the aid
Kaman roatnme. In the trma of the man la appar
antly a well developed and perfectly formed chi.U.
— Six English gram-laden steamers
have been loet on the Atlantic ocean since laet Oc
tober. tbie terrible Hat of dieaatere being attributa
ble to the want of saa-golDg qualities of tbe most of
the veaeel* engaged in tba trade.
— One day lost week, whilst some
hand* were husking corn on Mr. Waller’a farm,
asar Helena, Mason county, Ky , they dlecovered
lbs corpse of a white man lu the shock. The field
Mire bad eaten eut bis eyes, and the ears and noae
had been eaten off.
— The Newnan ‘Dispatch has this to
aay in regard to agricultural affairs in Coweta coun
ty: From information obtained in various portion*
•f the county, from our farmer friend*, w* learn
that preparations are baing made for tbi* year's
planting. There 1* nc scarcity ot labor. The ue-
E aes in the county have accepted the situation, and
ve, lika aeuaible beings, gone to Work. Many of
them nave, by Industry and economy, saved enough
to buy a mule and ferty acres of land.
AX OLD CLAIM FOR STATE PRINTING.
We have carefully read a petition from
Messrs. Houghton, Nesbir, Barnes
Moere, of the Union and Recorder, to
the members of the Legislature, asking
payment of a balance due them on ac
count of pnblio printing for the session
of the Legislature of 1864-’5—a bill for
which payment is now before the Gener
«1 Assembly.
From the showing made in the peti
tion of these gentlemen, it would seem
that the Legislature should give the mat
ter mature consideration, os the facts
they present seem to plaoe the validity of
their claim beyond dispute. They state
that the Georgia Treasury notes received
by them after the collapse of the Confed
•racy, and when the notes had ceased to
be quoted as saleable, were taken by ad'
Tice of the Comptroller General, Mr,
Peterson Thweatt, only as evidences
the indebtedness of the State for work
done—it bciug believed, undor the cir
cumstances then existing, that this evi
dence would be bettor than an audited
account.
Without expressing any opinion as to
what should be the action of the Legis
lature on the matter, it does seem that
the petition of the gentlemen above
named should receive impartial and just
attention from each and every member
of the General Assembly.
TIHIEI ATLANTA WBBKLiY SUN-FEBRUAR Y
1 fci'Zcd
of
FIRST COXGRESSIOXAL DISTRICT.
Mr. Raw la’ seat in Congress is to be
contested after all. Shortly after the
election something was said about the
contest oeiug made by A. M. Sloan, who
was Mr. Rawls’ con petitor. We learn,
however, from the Savannah News that,
on Wednesday morning, Deputy United
Statos Marshal, William Cantwell, was
rushing arouud lively, serving summons
upon divers parties, issued by John J.
Newton, notary public, oidcring them to
be and appear “at the office of Andrew
Sloan, earner of Drayton and Bryan
streets, on Monday next, February 8th,
at eight o’clock iu the forenoon, then
and there to bo examined respecting the
•ontested election for a member of the
Home of Representatives of the United
States of America for the First Congres
sional District of Georgia, between Mor
gan Rawls, returned as elected to tho
Forty-Third Congress,and Andrew Sloan,
contestant, in bebalf of said contestant.”
Mrs. Sarah A. Word, of Ham
burg, South Carolina, was arrested in
Augusta on Wednesday evening charged
with simple larceny in that she had pur
loined or stolen goods of varions kinds
from various stores iu that city, conceal
ing them iu her ciothing while \ .siting
stores nnder pretense of making pur
chases. The woman comes under the
head of kleptomania.
Dr. Battle, President of Mercer
University announces that the exercises
of that institution “will be resumed at as
early a period as may be deemed prudent
after careful deliberation
remembered that the exercises are now
suspended in consequence of the .preva-
lenoe of meningitis.
SPIRIT or TBE GEORGIA PRESS.
The Chronicle and Sentinel, in disenss-
ing the question before the Legislature
regard to inviting capital to our
State to be invested in manufacturing
enterprises, says " the class to be reached
without, not within the State. Th>
capital to be brought in is now beyond
tbe fiower of taxation by the State.” It
argues that the investments that will be
made by foreign capitalists in the manu
facture! interests of the State will be
permanent, and when once estaolished,
brings a new capital to increase the re
sources of the State subject to taxation.
The Chronicle puts these interrogatories:
Will nftt the poor people of tbe State who aak daily
labor be most bencfltted by the new and increased
demand for their labor? Will not tba mechanics
and artisan* who bnlld the bouses aud repair the
machiner> be benefltted by a new demand lor their
skill? Will not the farmer and the plauter be bene
fltted by thi* new influx ot active capital, bringing
increased population and with it a new and greater
demand for their products? It seem* to u* that the
absence of »uch legislation plays more effectually
into the hands of a claes that least of all are of ben-
efltto tbe ft tab:—tbe usurers of Wall street; who,
knowing tbe utter insufficiency of onr oapiul to
move eveu a single crop cf cotton from the .State to
New England and Old England, rejoice at a policy
which repel* Instead of Inviting capital. Is It Wall
street that a Legislature of Georgia would foa'er ?
Will our Legislature legislate for tho banaflt of our
factory hands and day laborers, our own mechanic*
and artizsna, and eur own farmer*, or for Wall street
money lenders?
The Columbus Enquire), speaking of
the passage of a bill to repeal the bank
rupt law by tbe lower house ot Congrets,
lias these comments upon the effects ami
benefits ot that law:
We do not know whether the existing Bankrupt
law has done most good or harm. That it baa done
ooth is not to be denied. Such a law (ould not be
ao framed aa in every instance to protect |hcncst in
dustry and enterprise, and at tbe same time to pro.
vent fraud and injuatice. But there can be no propo
sition more evident than this, that bankrupt acts, or
the refusal of relief in bankruptcy, ought to be a
permaosnt policy of the country—not* change frem
one policy to another every few years. In the pres-
edt case, the repeal of tke act would no doubt find
many bankrupts’ assets and estates In the hands of
assignees, and soma provision would hsve to be
msde lor their disposition. Generally, perhaps*
there would be a change of assignee* or administra
tors, and thus new charges against the estates or as
sets would be incurred, and the amounts to go te
honest creditors would bo curtailed. It la quite
likely, indeed, that many Congressmen supported
tbe bill expressly because of new litigation or new
fee* that It would autnonze.
The Marietta Journal, speaking of the
memorial before Congress from Georgia
in favor of the Atlantic and Great West
ern Canal, thinks tkatit “cites abundant
precedent *o remove all constitutional
objections, if any there are, and presents
fully the tpomentous interests involved.”
The same paper says, in regard to the
removal of tbe State Capitol, that—
There are many local benefits to Atlan.a and the
country immediately adjacent which will incline tbe
inhabiting population to prefer the present location
just as the people of the locality of MUledgeville
would prefer the location there. But the people ol
the State, it is hoped, will decide the issue from
very different stand-point, snd contemplate nothin*
in its settlement but tbe public good.
The Macon Enterprise opposes the
proposition to release capital to be invested
in manufacturing enterprises for ten
years in strong and forciole terms as not
being Democratic. It concludes its re
marks as follows:
This mixed policy is Inconsistent with tho right*
cf the tax-payers of every class. We are utterly op
posed to all BubBidies, in whatever form. The
South has advantages that are generally weU under,
stood In cotton and woolen manufacture over zny
other portion of the world. Theso will prove suffi
cient to attract capital without a resort to measures
not only of doubtful expediency but of positive
.wrong. Let our Democratic Legislature take no
steps in a direction that msy lead to sprious evils.
We regret to learn of the death of
Airs. Anna Fitch, relict of Dorastos
Fitch, Esq., late of Pawlet, Vermont, at
Selma, on the 28th instant, 75 years of
age. She was the mother of Air. Fitch,
of the Griffin Star, who, in the loss of a
pious mother, has our our most sincere
sympathy.
Bctr The Dispatch says Newnan is rap
idly improving. It says there are at
least a dozen new dwellings going np at
this time, and that some of them are
very near completion, while some are not
ao far advanced, but soon will be.
l^-Mr. S. W. Harris, for seven years
a citizen and practicing lawyer at West
Point, has removed to Carrollton. Mr.
Harris is a gentleman of splendid abili
ties
MR. STBPUEXS FOR COXGRESS.
The Greensboro Herald, in speaking
of the manner and circumstances of Mr.
Stephens’ candidacy for Congress, says:
The conduct of Mr. Stephens in the
matter, under the circumstances, is wor
thy of the highest praise, and shows that
he is, and has been, actuated by the
purest motives. Had he have declined
this nomination, it might have been said
that in becoming a candidate for the Sen
ate he was seeking personal aggrandize
ment, and declines to serve the people
without the reward of new honors. But
not 60 with Mr. Stephens. Notwith
standing the arduous and weighty labor?
pnd responsibilities that devolve upon a
Congressman who discharges his duty;
notwithstanding the fact that the posi
tion will add no new lustre to his name,
he pledges himself to abide by the will
of the people and serve them in any
honorable capacity.
To speak of his claims and qualifica
tions for mis place, would be simply use
less. His reputation for purity, fidelity,
and able statesmanship, is well kuown to
every intelligent American citizen; and
the imperiled condition <of the country,
calls for the ablest aud most faithful of
her sons to fight her battles. Mr. Ste
phens would be a host in himself, bring
ing back something of the departed glory
of Congress, and doing much to stop the
contracting circles of centralism and des
potism.
TBE XEW SBXATOR—GEX. JOBS B. GORDON
Gen. John B. Gordon, after winning
.for himself a splendid reputation as a
It will be patriot and soldier in the “ Lost Cause,”
and endearing himself to the people of
the Sooth by his devotion to their inter
est, through the trying ordeal that has
succeeded the war, was, on the 22d iust.,
elected by the Legislature of Georgia to
the high position of United States Sen
ator.
This is but a just reward for his gal
lant services, and in many respects the
honor could not have been more worthily
bestowed. His well known patriotism,
integrity and brilliant oratory are emi
nent qualifications, and yet he was not
oar first choice.
There was another who, to patriotism,
integrity and eloquence, adds a long life
devoted to the science of politics, and
who, as a statesman, stands to-day with
out a peer on American soil. But, next
to Air. Stephens, we would have pre
ferred Gen. Gordon; and, though he is
wanting iu political training ana experi
ence, we believe he will prove an able
champion of Georgia and the Sonth and
his influence felt in the Senate.
Indeed, he is certainly the equal of any
man he will meet there, and far superior
to most of them.—Greensboro Herald.
30 Ih inst.
TUB REPUBLIC,
‘•Thera Is Life !• the Old Laid Tat.**
Front the Salma (Ala.) Saws.
Our attention was lately arrested by
an artifllb in the Southern Argus, under
the caption of “The Last Chapter in the
History of the Rcpnblie,” striking and
well written, and possibly reflecting the
views of some intelligent persons of this
section. As onr own views differ mateii
ally from those of tbe writer, and as we
believe his sentiments will tend rather to
promote than to allay existing evils; and,
furthermore, as the editor has kindly in
dicated an invitation to a reply, we ven
ture to offer these remarks.
Free government in America certainly
started under runny auspicious circum
stances. The colonists from the Old
Worla were generally men of intelli
gence, enterprise and integrity. Tbey
fled Irom the persecutions and oppres
sions of the mother country to find a ref
uge to tho wilds of America, where they
might worship their Maker sstheychoee,
and enjoy that political liberty and inde
pendence which had been deniea tneui
in the populous and refined civilizations
of England and France. The yoke of
government had set lightly upon them
in neither France nor England. The
Puritans of New Eoglond, the Cavaliers
of Virginia, and the Huguenots of South
Carolina, had all felt the “despot’s heel."
The tyranny they had experienced at
home germin ited a love of liberty, which
was carried to the extreme, and often
degenerated into lawless license and in
tolerance. It was this spirit which
caused them so soon to throw off their
allegiance to Great Britain, and which
was a great obstacle in the way of an
early achievement of independence,
which so often checked Wasnington in
tbe field, and prevented concert in the
Confederate councils. Not even their
great peril could harmonize their action.
The articles of confederation were the
first nnion snd the strongest that could
then be formed. The coufederatiou was
soon found inadequate both for internal
and external protection; and the present
constitution was adopted after a long
and angry struggle, with two states still
Jissenting. We believe in the early days
of the republic there was as much dan
ger from too weak a government as there
seems to be now from one too strong or
consolidated. The centrifugal force
i listened to prevail over the centripetal.
Neither Washington uor Hamilton, the
most sagacious statesman of his rime,
thought the general government suffici
ently strong; but the latter believed it to
lie as centralized as the people ol that day
would stand. Hence we see the admin
istrations of Washington and the elder
Adams favoring a “federal” construction
of the constitution.
But we deny that any of “the con
script fathers” believed that onr Consti
tution was soon to fail, or that it con
tained within its broad and expansive
frame “the eeeds of decay.” Express
provision was made by means ol which
it could be adapted to meet the require
ments of increasing territory, wealth,
civilization, and enlightenment. Their
posterity could amend their work to
meet the exigencies of the day.
That we have grown rapidly, beyond
all human expectation, beyond a parallel
iu all history, m wealth, population, and
material resources, is unquestionably a
fact; that this growth is precocious re
mains yet to be seen. No other land
inder the sun ever possessed greater nat
ural advantages, or even offered greater
inducements to have them enjoyed. It
would be useless here to go into particu
lars. Every one knows the fact.
That the great mass of the emigrants
who come here are ignorant and corrupt,
as stated by “Retsof,” we by no means
believe. The largest proportion come
from Germany, where education is oom-
pulsory; and they are generally more in
telligent than our native population, and
tonstitnte a large class of our staunchest
aud most useful citizens.
We know that increasing wealth has
brought its attendant train of corruption
and vice, and, our large cities are bristling
with crime. 'It may he that government
has exercised unwarranted powers, and
accumulated capital in wealthy sections
exerts too much influence—that an unin
structed population, recently enfran
chised, control to some extent many por
tions of the South—that ignorance and
vice are too often seen in high places.
But this condition is abnormal and tran
sitory, and must give place to the ad
vancing intelligence of the age.
We do not despair of the republic.
No; there is hope and bright future
ahead. But whence is it to come ? We
answer, from the toiling millions, over
ridden it may be for the nonce by the
“ bloated capitalises,” and from those
“ignorant and corrupt” emigrants daily
coming to our shores. The example of
New York will yet be followed by the
nation. We have confidence not only in
the intelligence and patriotism ol the
masses, but in their strength. The en
lightenment now pervading the common
people, both of Europe aud America, has
taught them the great secret of strength
union—and that is thoir watchword.
The result ot this union was first felt in
Germany, where capital was obliged to
yield; aiterwards in England, and last in
the Uited States. All remember the
great strikes of last year, when in the
city of New York all business for a while
stood still, and at length a compromise
was effected. This trades union is des
tined to be a power throughout the
world, and the mightiest monarchs will
yet bow to its majesty.
The patriarchal form of government is
acknowledged to have been the first,
which, being parental, was naturallv mild
and easy. Democracy in some form or
other was the next The barbarian tribes
which overran imperial Rome had this
form of government Tacitus tells us
about the laws and customs of the ancient
Germans, and how they chose their rulers.
Monarchy is a highly artificial and un
natural form of government and is in
cident to a dense and ignorant popula
tion. The cravings of hanger can only
be stayed in its promptings by the strong
arm; and society, for its own protection,
most have a despot to protectlrielf from
the wont of all danger, that of a starv
ing multitude.
Enlighten the masses, send the arts
and Bcienoea among them, open np new
avenues of employment, enable them to
feel their individuality, power, and ifade
pendence, and straightway despotism is
at an end. History proves iv. Talk to
ns of an empire in the United States,
when the whole world is being agitated
from “turret to foundation stone” by the
mighty voloanio action of its surging
millions I England has disestablished
the chnrsh in Ireland, France has cast
off the “diadem of the Oaasars,” Germany
has separated church and state, Russia
has freed her serfs, and the slow bnt oer
tain tramp of the Mnsoovite is already
heard advancing into the heart of Aiv»
carrying with it the arts and sciences and
improvements ot modern civilization.
Look also at Austria, Italy, and Spain.
Can sny one donbt the spirit and ten
dency of the age *
We can well understand how some
peisoas in our country, especially in the
south may imagine tier see the portents
of a coming empire. The late civil war
has greatly centralized the general gov
ernment. War always has this effect.
Habeas corpus has been suspended, fed
eral soldiers have been stationed among
us, aud tbe fame of the soldier has
eclipsed that of the statesman. But all
this will have lto day, aud in our opin
ion it is well nigh run. The late action
of General Grant point* to this end.
He has felt tho popular pulse, and sees it
will not do to take further action towards
sustaining the illegal government in Lou
isiana. . Ho has bidden his lieutenant
not to interfere with the deliberations of
the conservative assembly, aud has also
bidden government officials not to med
dle with state politics or hold state offices.
Onr duty is to discourage all inclina
tion towaids an empire—1>do all weean
to get book to the landmarks of the con
stitution, us defined by the fathers of the
republic—to build np lactories in our
aeoolate South, to make our own fabrics,
to develop the hidden resources of mother
earth—to invite emigration and all the
modern appliances of art and science.
What would Alabama be to-day if, instead
of sending off her forty million bales of
cotton, she would manufacture them into
cloth worth one hundred and twenty mil
lions, and thus have one hnndred and
sixty millions of wealth iu this way alone,
instead of forty; if she would develop
her boundless fields of ooal and iron
lying contiguous to each other, and the
finest in the world!
We repeat, there is no reason to des
pair. Slavery, the great discordant ele
ment, is no more. Rally aronnd princi
ple and the Constitution, North and
South, step together to the grand old
music, utilize those resources which a
beneficent Providence has lavishly en
dowed us with, ana all will yet be well.
“ The land of the wreck and th* tomb I
There is grandeur in grarea, there ia glory in gloom;
For out of the gloom future brightness is born.
As after the night looms the bright-coming mem;
ADd the graves of tho dead with graaa over-grown
May yet prove the footstool of lluarty’s throne;
And each elngle wreck in the war path of might
Will yet make a rock in the temple of right.”
B.
Uecistoma of
itte nupreme
Ueorgla.
Court at
COLONEL POTTLES DECLINATION.
WAShBirrog, Ga., December 81, 1872.
Col. E. H. Pottos—Dear Sir: The
news of the death of Gen. A. R. Wright,
member of Congress elect from the
Eighth Congressional District, has sent
grief to the hearts of very many of the
people of the District, who so recently
conferred their support upon him, and it
is but reasonable to suppose that the peO'
pie of all parties share iu the regret at
his untimely death, but while we mouru
his loss we are reminded that his place
must be supplied by same one to wear
the honors conferred cn Gtu. Wright, as
well as to defend the rights and interest
of our District and section.
Would it be agreeable for the citizens
of this county to present your name to a
nominating convention of the Democrat
ic party ? Hoping that you may find it
consistent witn your feelings to suffer
your nome used, we subscribe ourselves
very respectfully, your fellow-citizens.
W. H. Pilcher, R. A. Heath,
M. R. Hall, E. B. Farmer.
H. H. Fitzpatrick, M. Shields,
Thos. J. Hundley, N. JoLnson,
Delivered al Atlanta, January 2S, 1873.
From tba Atlanta Constitution.
John B. Graham vs. A. Thei*. Motion
for new trial, fromDawsoD.
McCAY, J.
1st. A parol contract for the sale of
Ian-’ is not brought within the excep
tions to section 1940 of the Code, re
quiring such contracts to be iu writing
by the vendors making ont and tender
ing to the vendee a deed to the land,
unless the vendee accepts the same.
2d. The part performance provided by
section 1941, as making as exception,
must be a part performance of the con
tract, and the doing by either party of
some independent act, not a part of tbe
contract, does not become a port per
formance, because the doer of the act waa
led so to act by his oelief that the parol
contract would be performed by tbe
other party.
3d. A contract that ene will not oid at
an executor’s or administrator’s sales is
illegal, and the refraining from sneb bid-
ding in part performance of a parol con
tract for the sale of land, is not sach a
part performance aa brings the parol
oontract within the exceptions to the Act
requiring such contracts to be in writing.
Judgment reversed.
George D. Rice and Wier Boyd, for
plaintiff in error.
11. F. Bell, for defendant,
W. T. Yanduzer, administrator, va. Geo.
E. Heard, et oL Dismissal for wank of
tax affidavit, from Elbert.
MoCAY, J.
This case rests solely upon the validity
of the act of Ootober, 1870, requiring
the plaintiff in certain cases to file an
affidavit of taxes paid, and the majority
of this court having decided said act
valid, the judgment of the coon below
is affirmed.
R. Toombs, W. M. k M. P. Baeno, by
brief, for plaintiff in error.
No appearance for defendant.
Montgomery, J., concurring.
Warner, G. J., dissenting.
Franklin, Re<d k Go. vs. Jamas M. Dy 1
son, Sheriff, et ol. Rale against Sher
iff, from Wilkes.
MONTGOA1ERY, J.
1. The remedy provided in oeotion
1070 of the Code, whereby a creditor
may oontest the existence of a lien of a
certain class upon the property of hia debt
or, is cnmnlative and intended to point
out a mode in which an issue may be
made and brought into coart for trial.
A judgment creditor who rules the Sher
iff for money raised by sole of defend
ant’s property, iB not obliged to attack a
conflicting lien fl fa, set up in the
Sheriffs answer in this way, bnt may at
tack it as ne would any other contesting
execution.
Hence, if two factor’s liena are foreclosed
upon the same property, each seeking to
subject money in the Sheriff’s hands
raised by sale of the property, one of
which is founded on a lien created oral
ly, and the affidavit of creditor foreclos
ing the oral lien does not disclose the
date of his lien snd he offers himself os
a witness to prove his lien to be older
than the other creditor, the latter may
cross examine him and shew if he can
that the oral contract with the debtor did
not create a lien.
Judgment reversed.
Francis H. Colley, S. H. Hardeman,
R. Toombs, for plaintiffs in error.
W. M. & M. P. Reese, for defendants.
M. H. Wellborn,
W. H. Smitz,
Levi Fowler,
T. L. Wheeler,
Uriah Langiord,
T. N. Pool,
R. V. Forrester,
C. S. DuBose.
J. A. Allen,
C. G. Low,
R. W. Hubert,
Lewis Jones.
nuieudineut off reo *uit ihii* mi utafce •
which »-?.»■> !••* ti!.> .• louts tore*
lief, it is noi error in tbe Superior Court,
to -.t ) . Innues tne mil.
2 lrf0orui.ee of law. where there Ur
no nn*rlfli‘»<i t-Uifi. once, aud no frand
n the "I tc"! oj.nuMte party, witi
oot authorize th* iufervcntiou of equity.
Code3066. Llmce where parries sub
mit, the mutters m issue between them
to arbitration aud an award
is rendered aud made the jndg^
ment of the Coart under the Code, with
out objection on the part of the losing
party, a bill will not lie at his instance to
set aside the ’udgment npon the ground
that be could have prevented the award
from becoming the judgment of the
Court by filing exceptions, but wee ig
norant of bis right to do so.
Judgment affirmed.
Wier Boyd for plaintiff in error.
R. A. Qaillian for defendants.
TBE MIGBBT CONGRESS.'oNAL DISTRICT
CONFERENCE. J
th* August* ConiitnUona'is:.]
The highly respectable names enlisted
in the movement to bring out Mr. Ste
phens for Congress, and the great name
of Mr. Stephens himee f, combine to
give the movement a for m and accep
tance wnich will silence all cavil, if cavil
there be, at the mode of procedure or
the merits of the nomination. We very
cordially unite our testimouy in behalf
of the nomination, and hop - that it will
be aocepted by our distinguished l.ilow-
citiien of Liberty Hall. \V l.atever of
division of opinion may have ox uted
among Democrats during t . I'r .• i ut-
tial canvass, there is uo ju->... i.oio occa
sion for division m the future, -o t the
election of Mr. Stephens to C caress
will harmonize and concentrate, rutner
than distract, the sentiments and na
tion of the party. It is in view of the
future service, and not in reference to any
reoent record in the past, the people of
the Eighth Congressional District will be
called npon to vote. And who can donbt
that they will delight to plaoe in his old
position, where he achieved eo splendid
a reputation, the distinguished represen
tative of the Old Eighth. He will be in
every intellectual requirement, and in the
influence of a pare, blameless and emin
ently philanthropic lifcfc e fit leader to
head the oolnmn of BBt Democratic ddtis
gation to the Forty-third Congress.
While thus fully uniting in approval ol
the movement to plaoe Mr. Stephens again
in Congress, we mast not pretermit the
oooaaion to protest against the precedent
of a nomination at Atlanta, and daring
on of the Legislature, by volun
teers from a distant Congressional Dis
trict The action in this exceptional
com is in all respects commendable,
and will meet with full endorsement
But it would be unwise to encourage
tbe practice of having all political nomi
nation and party arrangements for filling
important offices elective by the peoplje
engineered at the seat of government
The Executive aud Legislative depart
ments have enough of thie work of filling
offices imposed on them by the Constitu
tion. And Atlanta Las her hands full in
properly regnlatiug her own municipal
affairs. It would be unjust to impose
extra duties of so onerous a character, aa
providing nominees for a l tbe offices in
tho State upon one city, its visitors and
its Legislative guests. And it those du
ties are assumed as a labor of love, it
should be watched curefui.y, for fear of
improper tendencies towards a centraliza
tion of power. Let us beware of State
Capital rings and regencies.
Wabeenton, January 27, 1878.
Messrs. W. H. Pilcher, M. R. Hall,
R. W. Hubert, M. H. Wellborn, H. H.
Fitzpatrick, and others—Gentlemen—
Your letter of the 31st of December has
been received, in which yon ask me to
allow the use of my name as a candidate
for Congress from this, the Eighth Dis
trict.
I have delayed a reply, waiting the
progress of events in your state. You
have recently seen tho proceedings of a
meeting in Atlanta, composed of citizens
and members of the Legislature from
this District, nominating the Hon. A. H.
Stephens for this position. In that meet
ing I participated, and cordially con
curred in all that was done. Whatever
course I should have determined up to
that time to pursue, it is not now neces-
to state, and I feel very sure that your
kind invitation was made to mp at a time
when you did not anticipate the candi
dacy of Mr. Stephens for the position.
My views and past record is net un
known to you. I felt it my duty to sup
port General Wright and Mr. Greeley in
the late contest. Towards the election
of the latter Mr. Stephens was opposed.
It is due to him and ourselves to say
that this difference was not upon princi
ple, but policy. He thought that tbe
election of Mr. Greeley would disinte
grate the Democratic party and change
its rule of future action. We differed
among ourselves, but noue of us ever in
tended to abandon principles affirmed
and re-affirmed in our State ever since
the Convention of 1868. No one can
doubt the patriotism or statesmanship of
Mr. Stephens, or his devotion to his sec
tion. We have trusted him in the past,
and his record is without a stain. He
always found warm and sincere supporters
in the county of Warren, and I trust that
the whole county will rally to him with
the same enthusiasm as tbey exhibited in
the better days of the Republic.
We are now in tbe midst of a fearfal
crisis. Republican institutions are in
danger. Centralism threatens to absorb
the rights of States. Sach a one as Mr,
Stephens is needed in the halls of the
National Legislature to Bound the alarm
and make appeal to the honest patriots
of all sections to save liberty and tbe
Conititntion. On this tried statesman I
am willing to trust, and the unanimity
of his late nomination, composed as the
meeting was, of a large majority of those
heretofore opposed to his policy, is an
earnest of the success which awaits him,
and an evidence that the popular heart
is in the movement.
Thanking you, gentlemen, for the oon
fidence which your letter implies, and
joining with you in profound sorrow
over tfie loss of General Wright.
Iam, very respectfully, your friend
and fellow-citizen. E. H. Pottos.
John R. Crane, Administrator, vs. Pat
rick Barry. Award, from Clark.
MONTGOMERY, J.
1. To entitle an award to bo made the
judgment of the court, under sections
4166, et seq. of the Code, it Bhonld ap
pear that the submission was under the
sections referred to. A written submis
sion to two arbitrators, in which a third
person is named as umpire, (but it does
not appear by whom chosen,) who takes
no part in the award, and is not sworn, is,
at least, prima facie, a common law
award, and not entitled to be made the
judgment of the court.
2. Even though a judgment be void,
the party against whom it exists, has
the|right to have it set aside and thus
clear away any cloud that it may cast
upon his right to alienate his property
so long as it remains of record against
him.
W. L. Mitchell, represented by L. E.
Bleckley for plaintiff in error,
E. P. Lumpkin represented by Jack
son & Clarke, for defendant,
Thomas H. Brown, administrator, vs,
James D. Tucker. Ejectment, from
Oglethorpe.
MONTGOMERY, J,
l v To subject trust property at law to
the payment of a debt for which it may
be liable, the mode pointed out by the
Code, section 3301, el seq., must be pur
sued, and the trustee—or, if none, the
cestui qui trust— be made a party defend
ant.
2. Where a trustee holding realty in
trust for the benefit of another under a
deed which makes no mention of his le
gal representatives, dies, the trust does
not devolve upon his representatives so
as to make them proper parties defend
ants to a suit, for a debt due by the trust
property. If such suit be brought, and
they permit judgment to go against them,
the trust property cauuot be sold under
an execution issued ou the judgment.
3. One who silently stands by and per
mits another to purchase his property,
without disclosing his title, is not guilty
of such a fraud as estops him from sub
sequently setting up such title against a
purchaser with notice. Section 2915 of
the Code only operates in favor of a
bona fide purchaser without notice.
4. Where a trustee dies, and no suc
cessor is appointed, and it becomes im
portant in a suit against the cestui qui
trust to offer the trust deed in evidence,
it is not sufficient, if the deed be lost, to
show that search has been made nmnng
the papers of the deceased trustee, and
that it oould not there be found, to let in
secondary evidence. The party
to introduce the evidence should go fur
ther and notify the cestui qui trust to pro
duce the deed.
Judgment affirmed.
J. D. Mathews, E. C. Shackleford,
Miles W. Lewis, for plaintiff in error.
Reid k Morton, for defendants.
Jesse M. Thurman, vs. John 0. k Susan
J. Clark. Equity from Lumpkin.
MONTGOMERY, J.
1. A complainant may amend his bill
after a decision of the Supreme Court,
sustaining a demurrer to it, and before
The State Agricultural Society of
Georgia will assemble in Augusta on J tfi e remifitur is entered npon the min
Tuesday, the 11th proximo.
I ntee of the Superior Court, but if the
LCllU' kauaU I'AttvuU.
Macon, Ga., Jan. 28, 1872.
Editors Sun—We hail to-day from
Stevens Pottery, in Baldwin county,
teu miles south of Milledgeviile, on
the M. and E. Railroad, a point where
we found more subscribers for Thu
Sun. Mr. H. Stevens is a warm
friend to Mr. A. H. Stephens. He is
charitable like as our editor, and is run
ning a large steam saw-mill and pottery,
which gives the laboring class in that
section excellent wages. He carried us
through the pottery, and it astonished
ns to see the amount of business he was
transacting. Fire-brick, all sizes and
shapes, piping, hot air and flue chimney
tops, cornices, flower-vases, etc. Ha
tells us he has cut and sold the timber,
worn out the soil, and is finding the clay
more valuable than all. He is a man of
long-tried and untiring energy. His acts
of kindness to the poor are many, many.
Lcng may he live I
We find Macon quiet, except the ex
citement caused by meningitis and small
pox. The first meutioued is proving
quite fatal iu many instances. Macon
has lost twelve cases—has about twenty
or thirty more; ’tis had to ascertain ex
actly. The cases of small-pox are few
as yet.
The colored population is not well of
the Western and North-Western fever.
They are leaving on every train. Far
mers are offering their stock for sale,
those who cannot procure labor. Oh l
for emigrants to more than fill the va
cancy.
We called to see Mr. T. H. Harris the
proprietor of the excellent Spotswood
Hotel, (opposite passenger depot), and
found him kind and attentive. He hand
ed ns a copy of Atlanta Bun, which
we ever greet with interest and anxiety.
We read in it a letter from our friend
“On the Go,” to whom we say
Long may hi* ’oily heart go on,
Reflecting light o’er Georgia'* pi in*.
Till nature feel* the warming suds
That brings to n* a brightar spring.
R. D.
ARCHBISHOP BAT LET COMING SOTTH.
We learn from the Baltimore Sun tha£
Archbishop Bay ley is about leaving that
city for Washington, and from thenoa
will vo to Florida, probably to spend tha
remainder of the winter, aa sach a trip
has been recommended by his physi
cians. It is understood that he will bt
accompanied by the celebrated Father
Hecter, of New York.
Reform ;in Japan.
In a late letter from Yokohama, Mia
jster DeLong writes that notwithstand
irg all the newspaper reports to the oon
trary, the affairs of the Japanese govern
ment ore Deing so managed that “ reform
ia still the watchword and the effort.**
HesayB: “Therailroad between Yeddo
is finished, and paying extravagantly.
The American assistants in the cuetom-
house here have caused the receipts to
doable tnis year over any of the ^rec«d.
ing ones. The crops of tea,
Ac., are better than any ever h.. qfl| |jqL
fore. The telegraph line just fiuDUed,
fails to meet the demands made upon A
, All is quiet, internally and externally.’*