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VOL. 5. NO. 43.
ATHENS, GEORGIA, J VJ*Y 17,1877. university of Georgia library
X+AVT XTOTXG33S.
Jf,8.DCWTciiT
apl8-1873-lf
ATTORNEY AT LAW,
CarnwviJle, Ga.
JACKHON & THOMAS,
(ATTORNEYS AT LAW,
Athens, On.*
i^r7.!^! b 0 ' V “* C ° rnor of College Avenue
THE CON. COX.
Addrehs of President Jenkins.
> office.
(}>>: 1111.x;,
Gentlemen of the Convention:
“We ltavo assembled to execute a
most important trust, confided to its
by a noble eo stit uonov and involving
immense responsibilities. Govern
ment is essential to society •>n-l flu*
progress of Ci\Uizati->n. It exists . . .
among the nations of the worbl in tng the whole groimd, buwor illustra
te their
ATTORNEY AT LAW,
Athene, G*.
front pi
i he eunti
l ,c| Aiyn given to all baxiuesx and
ly Stthejtad. janlMy V
t>. C. JtAKKOXr, J|j.
B" wow itroN.,
ATTORNEYS AT LAW,
Athenx, Ga.
°®°° 0VvT Talmadge, Hotl«aon «M Co.
B, E * TIIH,VHiu3it,
ATTORNEY AT LAW,
Watkinsville, G«.
Otlicu in former OnlinaijVQifice
j*t|»3-|87g-ly f . |T f[ j 4
P«.Wrtpi |px|
ATTORNEY* at law,
Sl.«vh.l attention paid to criminal practice
K.r rcftjici.cc apply to Ex-Gov. T. ll. Watts
inn ^ 01, ‘ J? avi< llopton, Montgomery, \I»
Office over l*o-t Office At hens, Ga
teb8.187.1-tr ’
JOIL'S W. OWEN,
ATTORNEY AT LAM,
Toooa City, Ga.'
pit s inherent to republican govern
ment indi-pensable to its success
There are acts which government (as
dislingnished from sovereignty)
dionld lie commanded to perform ;
and there ,*rc acls to which govern
ment might be tempted by the ur-
g-ncy of ill digested public opinion,
but which, traced to final results, im-
peril! public j -welfare, and which
government should l>e prohibited
{'rom <h<ing. T ese propositions art
no sta ed or the purpose of cover
various forms, accord in
varying ideas of expediency. In ab
solute monarchies the will of the
potentate is the law of the subject,
for in him abide sovereignty ami qny-
tprtpfr'iit. . .Iu-4ich ft$ml awjsp&a-
Ubn nil idehs of limitation and drvisutn
ot powers is exelnded, but among ns
very different ideas of social polity
obtain. We hold that the people are
of a right, and must continue to be.
sovereign, lint, inasmuch as in a
pop’ lation so numerous.isorirs, spread
over so “feat an extent of territory,
the ; e> pip cannot in the nature o‘
things, govern tgif ecately ; the dis
position is to delegate to selected
members of the body politic specific
OLD SERIES, VOL. 56
■g«£»■■ ■». . '
W ilj pnu-tk-c in all the co antics of the West-
aUmh^in *^"“ d of ‘*'0 Northern
ZZi' A , l . ?,ve s P ecial attanion to all claims
‘ utrusted to Ins care. oot2C-lS75 13%
-.Lamar Cobb. IIowrm. Cobb.
Jj ifc 11. con it, * *
ATTORNEYS AT I.AW,
Athenx, Ga
Office in Dcupree Buildinc
loh22-1876-ly
j^LEX. S. ERWIN, •
ATTORNEY AT LAW,
Athenx, Ga.
' >ffioe on Broad Street, between Center & Nich
olson and Orr & Co., up-ataira.
leb22-187C-lv
1-e sa e, the expedient ! n«been adop
ted of dividing and limiting them.
Under stu b polity two distinct sys
tems or bodies, of la v are necessary;
one emanating directly from the peo
ple, providing for the appointment of
»ertain agents or bodies of magistracy
to eondnet tltc government in its or
dinary course, prescribing tbc mode
and manner of their appointment,
prescribing,their £erms of service and
delegating to cadi elass its proper
functions and powers, and denomina
ted fundamental, pY constitutional
law; the other cn;
bodies of
be changed or abolished by them, reg
ulating the conduct of men in their
mutual relations, defining and pro
tecting the rights of persons and
property, and providing means to
carry on the government established
by the people, and denominated stat
utory law.
“Although the fundamental law
should be in its nature abiding, seldom
subjected to change, in the progress
COC'HHAN, of events, in the onward march of
aTrnPTTTtv at T.AVjtr civilization, experience may detnon-
. ' ! strale to the wisest people the inces-
Gainexville, Gn. . j s : ty of »hanging the organization, or
Real Estate unit General Laud Aeent l'orthc I mode of appointment, or the
" * ' “ of
seni
or
tion, autlptliese anil such like luatters,
lie properly within the pale of cons i-
uitionai law.
“ Again there are matters of law
which involve no great fundamental
prym^a! Wb^Likcmul uppj /wid
e fwuV9- of expediencyt growing iubof
ever varying circumstances, and whic'*,
be.ng testeil, often v call for speedy
amendmet or abrogation. There is
.-ni b a thing as legitimate tentative
legislation, and where experiment
discloses error, repeal or mollification
should be prompt, easy aud inexpen-
-ive.
*/.Bj' lyavjrt" out'yjfllfe fundamar.x
tal'liw proristons, eitHeP maudat*rry
or prohibitoi y, which it should con
tain, too great latitude ; s given to
legislative discetion, and the omis
sion to do what should be done, or
he doing of what should not be
done, may entail irreparable injury.
By including in the fundament d law
matters which are proper subjects of
statuary regulation, you may render
the assembling of the people in con
vention to<n frey.uent, and. britjg the
••onstitutipn. itself into contempt.
Both these extremes shoiihl be 'care
fully avoided.
“We live in a progressive age,
hut progress is sometimes in a wrong
direction, sometimes too rapid, again,
at times, in particular in* crests nndit-
'ltr accellorated by. the adoprim of
ivy one'of the* hieasurea inlttiical to the gewei
* -doctriB«r- gwwiitw.
ta tied as to Legislatures of the sov
ereign States of the American Union
is that they may make all laws which
shall deem necessary and proper for
the welfare of the State, and which
shall be consistent with the constitu
tion of the State and not repugnant
to the Constitution of the United
States. Indeed, such a grant of pow-
the suffrage of the masses, and if that
suffrage tife.ca8t without reference to
the thedNos hr,the: proposed policies
of opporfteg candidates, the ballot
decides bo principle, and - is iu effect
a nullity. A much lower standard of
educatiorv-will suffice to understand
measure^j^riginated and explained
than that requsite to originate and
explain them. But there .must be to
some extent Wetital invigomtion and
enlargem'^ by educatiohat process-!
es—-the.e must fie instilled it to tRfe
miud soiui*-general political princi
ples, by y^jjjcli the soundness of the
ories or .'ifreftsures proposed niay he;
tested. ,Attd' that 'individual who
has not bMri'^dncated to tliis point,'
aud it i»i*frfcttfYery high tone or vcrVi
ilifficult oVvattainmeiit, is unprepan d
lor the i^ycise of the sovereignty,
in whicnf^participatc^.'^ '
1 Thereii^e the State* is in 'duty
bound .measures which wiil
place-such . limited education ivitbiu
redch oruffi masses. [Applause.] If it
l>e true tfm^refiance must be had at
last upon atfew.leading minds, it will
not be questioned .that those minds
require a v^ry high grade of eduealion.
They tnuit he >vojr.ked up to such vigor
arid graSj^?fthdaght, and furnished
with suclfrfetiires of knowledge as will,
enable them to investigate and under
stand ad^^lucidate the most difficult
prpblem^frj political science. And
how is this.- to be obtained ? Only in
Georgia is observim* strict fidelity to
them, and theretbre, need make no
new pledges, assume no obligation^
upon that Constitution. Entirely
outside of these relations, Georgia
has a reserved sovereignty and a
government to maintain. This is tjfri
precise field of onr labors, and there
is in it scope enough tor the grandest
intellect and the most ardent patriot
ism. Limiting iturseiYes to this sphere
’rif action, keeping steadily in view as
our polar star: the reserved sovefs
ei-rntv of G9or^a,; looking to llte
enlightenment of her people, the dc-
vel >pment of ner resources, aml het*
steady progress iii civiliz-itionj let us
endeavoV to frame tor lier’fr Ooiislitu-
tio'n which genyration^Mtf a vwuote
future snail regard as.jhc palladium
of their sacred'' liberty aiyl their un-
iwn 113 it> nrn«i4.rJfV;
“I feuilet* yrtn, gentlcMifen, my
most gr.frvfulj acknowledgment f»r
the 1,'jgh hpiipj;:;y.ou havt- ConferTed
by placing me lu this Chair. I shall
be most happy if, at the conclusion
of your labors you feel- nd regret ift
the choice v6u have made of a pre-
siding officer-i ;^JMore than a quarter
of a cenutry h.js -passed siuce 1 have
h id any expqnenge in-such a position,
time enough to have forgotten iiiucTi'
of the limited parliamentary know!-
edge I may then have acquired. I
can not, theriribre, promise you great
effiijieilcjri or fact in the discharge of
-in ' the duty devolving upon me. I can
the highefcinstir utions of lea ruing _ ^
these ilexL^afsd; by the comprehensive i give you the most positive assurance ; crpWd, and when he
title of universities, so called, because ; of a desire aud purpose, as tin* as'in j.writing he fijbh d up
they are aupbosed capable of teaching
everytkiiratjnt hiay lie learned I'lay
it down aa a ; self-evident proposition,
that every^ people claiming to be
sovereigaj*;frpd , duly exercising the
attributet^frf sovereignty should and
must, if tr.yB to themselves, have such
au institution. [Applause] Take
Georg^gr^io’ example. How else is
' ' with these leading
taythe
of
era mi
|[tie Ins, to bo always right, impartial,
just and courteous. You can aid me
very much, gentlemen, and economize
time and money by strictly observing
the rules yomuay adopt for your own'
govermucuf, anil condensing what
ever of argument you may feel in
clined to otter to your associates, as
far as may be compatible with your
sense, of duty.”
the merchant, “godtathers are not
easy to be fonnd; ind ed, the god
fathers of all my children ary either
passers-by or neighbors as poor as
myself.”
** Well, name your new one Gabri-.
elle,” replied the stranger, “ au 1 it is
I who give her that name. Here are
one hundred florins for the baptismal
festival, to which I will be a party.”
And as Ruttler was undecided :
' “ Take it, take it !*’ said the
stranger ; “ when you know niorc of
nte, you’ll ' acknowledge that I am
worthy of sympathizing with your
troubles. But, please; do ine a favor,
bring tno .. this violin which I see
liaifging on the wall of your shop; I
have an . idea, apd I must " rite it
dfrwn at once.”
Ruftler'1 astened to comply with
the request of his visitor, who began
to play so splendid a j.iece of religious
music with sucl) a coiisumatc ai t that
the street was soon crowded with
people, among whom were many
members of the aristocracy who had
ordered their carriages to stop, in
order to enjoy this unexpected melo
dy. But the stranger, absorbed bv
[bis composition, did nut notiei- the
had fini-hed
up tin
paper, put
it iu his pocket, and bid farewell to
the merchant, whom he requested to
let him know 011 which day the
christening would take phlce
Three days had. elapsed, and the
stranger bail not been seen anymore;
Ruttler, not knowing what it meant,
went to the residence of his Gabri-
gefterons godfather, the door of
propbi.jr iin»»u|(»wu. opeciai nuennon yiv
totho purclinxc und x;>le of city nroiiertv.
m»y2—6m J N. DOKSEt. Attorney.
^8BURYG. MoCURUY,
Attomoy a-fc Law,
ItAliTWELI., GeOR01A,J
Will practice in tlie Superior Court* of Norili-
eaxtGeoiL’in mid Supreme Court uf, Atlanta
Anjr 8. 1878 tf
James K. I.yle, Alex. S. Erwik,
Watkinsville. AtUcux.
[ YWa A ERYVIN,
ATTORNEY'S AT LAW.
Will pntctico in partncraliip in the Superior
Court of Oconeo Couut3', and ntteud promptly
to all husineaa intrusted to tbeir care.
jan9-8m.
ST7SJ2TESS CLflJRCS.
WINN,
—WITH—
GROOVER, STUBBS & CO.,
Cotton E«rtnm and General Commbalon Mertkanta,
Savannah, Ga.
Bageinfr, Tics, Rope and other anppliea fur
nished. Also, liberal cash advances made on
consignments for sale or shipment to Liverpool
or Northern ports. may 80-1875-tf
fj1 A. 1I.ER,
TIC'a'bcHsaalssr Sc J*o-wrolor.
At Michael’store, next door to Reaves & Nicb-
olsou’s, Broad street, Athena, Georgia, All
•Turk warranted 18 months.
scptl2-tf.
|£ SCHAhKHt,
COTTQIT
V i '■ ^Toflbi, <^r, Ga.
Highest cash price paid for cotton. Agent
•r Winship’s Gins and Press. oc2<M875-tf
yyr # h. little,
attorney a r law.
«nl6-lS78-tf
Carnesvillo, Ga.
‘WattW.
EMPLOYMENT either as * T-nn-r. Ensi-
beer, or Carpenter. Good reformers. iven, and
wages reesonable. Address, J. H. Jcere of
Athens Georgian, Athena, Ga iny32-tt
| curtailins the powers of 011c or till.
‘•Nnmprou-i and coiront reasons
might be assigned, showing the ab
solute propriety of modifying at. this
time the constitution of (ieorvia—
some drawn Irotn 'be authority l>y
which and the eirc.un>tanee* under
which it was construct O'1 and adojit.cil.
others suggested by inheron* defie'a
of the instrument. But here and
now this would be supererogatory.
Tbe Legislature having submitted to
tho people themselves whether they
will or will not convene for the pur
pose of (rami* g anew their constitu
tion, they, iu their wisdom, have de
termined that they will, and have
deputed to us to frame one and sub
mil it for their consideration. [Ap
plause.] It would be equally map
pmpriate for mfr on this occassion to
attempt even a sketch of such an in
s' rument as would nice’the exigen
cies of the timed.
“In the discharge of th*i great duty
you will, with such formalities as you
may desire, hear suggestions, com
pare _ v ews, endeavor to harmonize
conflicting opinions, and then digest
the weighty matter of your earnest
lucuhrucons.
“ But 1 l.ust yiiu will recrive kind
Iv a tew general suggestions, some <>
which, it adop'cd, will, I think, facili
title the great work upon which you
afe elite mg, narrow the field of in-
qn r v alid pVomuic concession and
fit. 1 igre ment.
‘ Kirst, then, the interests of the
State sit large, tbegj-aud body politic,
siiou d bo regarded its |>aramount to
1 caj considvra’tons. The last, com
ing into conflict and persisten.lv ad-
he*ed to, sometimes defeat retomif.
far more important than all theaotag-
x.nizing iutere»is 1-1
“ P e essential difference between
constitutional aud statutory law, a!-
r, ady alluded to, - bould lie kept
steadily in view. There arc princi-
vietv. Reduce it to its last analysis,
and ivhat is it ? Just this, that the | pro{it ' s c f l jus * mess .
sovereignty of Georgia must remain |
forever under the pupilage of other
sovereignties Is this compatible with
“ Wyll, .you say that her youth
must go for this education, and to
become the pupils of universities in
other Stated of the Union or in for
eign countries ?
“ Reflect, that they may there re
ceive teachings incompatible with our
_ ideas of good government. But look
er is incorporated expressly in" the J-at the proposition in another point of
constitutions of most of the States.
It is so in that under which we live.
Now, recurring to the spirit of pro
gress before alluded to. and compar
ing the legislation of Georgia in the
early days of the republic with the
scope of that of this day, it will, I
think, be found that the Legislature
has, in the recent past, dealt with
the resources of this State, which are
ihe pockets Of the people, in a way
never dreamed of in that earlier day.
I niav mention as an example the
pledging of the public faith and cred
it in aid of private enterprises. These
are oflen undertaken without the
means adequate to the end and cred
it relied upon to supply the deficien
cy. As a question bet wee • borrow
er and lender it may well be left to
their discretion; but when the latter
demands and the former, sues for
State endorsement it assumes a uctv
and startling aspect. Barriers against
such legi-lation were deemed unnec
essary in the time of slower, but
severer, progress; it may well be
considered whether they are not now
essential!
“The proposition that in a popu
lar sovereignty the education of the
i.iaaocs is a cousideratiod of the high
est monieut, cannot be dispnted.
There are oflem measures proposed
in advance of legislative action which
have been advocated, and their op
ponents and the people are called
upon to cast their votes for of against
those measures by voting for these
advocates or their opponents. B t
as many of the people as are not suf
ficiently educated to weigh argu
ments pr*- and con, vote in the .lark,
-ast vi tes by personal favoritism
only, which, nevertheless, count in
making up the majority that passes
for sovereign judgement upo*« gr..»e
measures of St^t|e policy. -Tf irfkome-
times said the education ol the mass
es is immaterial, because in etery
[Chronicle and Constitutionalist-]
In the popular suburb of St. Joseph,
in Vienna, (Austria), a poor merchant
of -econd hand furniture and curiosi
ties lived fifty years ago, with a
numerous family, whom he could
hardly support out of the meagre
tbe dignity, is it compatible with the
honor < f the empire State of the
South ? Will it be said that. Georgia
has now an university ?. Yes, she has
an university by name, but, trust me,
it is in an embryo state. Its trustees
have been earnest in their endeavors
to expand it and give it the body
and the appliances of an university.
But it is a most mortifying fact that
the means are wanting. Without
more liberal endowment, the object
cannot lie accomplished. [Applause.]
“ My fixed belief is that Georgia
will not be true to herself until she
shall have provided an ample endow
ment for common school and univer
sity education. I know and feel the
burdens of the people at this lime,
and I know and feel that with tlie
heavy losses of property they have
sustained, and with the tremendous
financial depression which pervades
the country at this time, immediate
and full endowment of these enter
prises is not to be expected. Bnt I
believe that a system can be devised
try which these great objects can be
accomplished within a few years,
gradually, without increasing the pe
cuniary burdens now resting on the
people, and I think yon will agree
with me that the* great object is
worthy of the most serious considera
tion. [Applause.]
“ I utter .no caution against clas-
legixlation or discrimination against
our citizeRs of Afrio n descent. I
feel a perfect a-surance that there is
no 'member of this body who would
propose such action, and if then Mas.
he wouldfind himself urithofrt a
-following. That portion of our pop
ulation < are; coming to- sfre and will
soon realfe* that ; tho*e who ioiicw <*cn
ried out Jby, a few ; 1,
highly 1 ' cultivated minds. We may
grant this to be so Still two an
swers may be'gtven to k 'tS4rp&c*
deal proposition. FSrBjqitt popular
sovereignties those leading mind*
must oe placed in position to act by
Ruttler (t* l at was tlie name of the
poor man) had only one pleasant di
version in the discharge of his ardu
ous duties, and that was to exchange
a few respectful wo.ds with a daily-
visitor, still young, but whose physi
ognomy bore the unmistakable stamp
of a mortal disease. Nature seemed
to have lost for him all its beauty,
a -d be never smiled except when
Rattler’s children surrounded him
with the charming lamjjiarky charac
teristic of young age.
Every day the s' ranger used to
stop ten or fifteen minutes at the poor
shop-keeper’s, and it was more than
once a subj ct of dispute for the little
ones, to decide which of them
should bring a chair to the sick visi
tor.
One Monday of Pentecost the
stranger came back from his daily
walk sooner than usual; Ruttler’s
children hastened around him as they
were accustomed to do every day,
and the smartest of all, a sparkling
girl of ten, told him ;, “ Gentleman,
mamma has . just given us a pretty
little sister!” Ruttler appenred at
this moment, and, confirming the
news ; “ Yes. sir,” said hi*, «* that
makes the fifteenth child God sends
us with nineteen years!” -‘ ■ ■■
“Good man,’’ exclaimed the stran
ger, visibly moved with sorrow md
tenderness, “ would that.a small por
tion of tliet pousiires wasted a tithe
he learnt with a surprise equal only
to his sorrow that his guest and bene
factor, the would-be godfather of his
dai ghtcr, was Mozart, and that the
funeral of that great man was about
to take place.
Mozart had breathed in that hum
ble shop his last musical inspiration,
that incomparable requiem which
alone would suffice to the glory of a
composer.
Ruttler, after having paid the last
duties to the man whom he had hon
ored and respected without knowing
who he was, returned home, and was
quite stunned at seeing ids shop in
vaded by a crowd of admirers of -*
Mozart, aware of tlie daily visits paid ' /
by the illustrious departed.
The circumstance gave to the here
tofore ignored establishment of Rut-
tlc-r a notoriety which sent to it an
unexpected tu tom, so that, after
having secured for Ids fifteen children
comfortable situations, he was ena
bled to retire with an income hardly
dreamed of twenty years ago.
The violin width Mozart used two
days before he died for the composi-
of his Requiem was sold for
4,000 florins, which constituted
Gabrielle’s portion ; it is now the
property of the Imperial Conservatory
of Music at Vienna, to which institu*
tion it was given by the late Arch<«
duke Maximilian, before this unfor
tunate prince left h;s native country
for Mexic-*, where his triumphal march
was so soon to he transformed into 9,
Requiem!
Y ItFMSE A.
country, in every age, grave jkiStica: cupied * different telaiioit to them;
measures are originated aid ear- full£. recognizes : tlie ch.atige that has.
elevated their.civil status, and ah* in.
truth, their best friends. [Applause.]
. “ Iv is unnecessary to speak of o r
Federal relations. These are created
by and well defined in the Constitu
tion of the Uaited States. All right
minded mefr see and know that
visit your patriarchal houie: “ But*
chknge that has fr 1 * 8! live *ftf a centm/of iron:
Tal$ut, honor, donfestie virtue*: ^’t.
weigh much now-a-u^ft! , te‘l
•me, have you already seouivd
for
godfather
babe?”
“ When one
your new born
is poor,” answered
We call the attention to the No
Brand cigars, which we offer at SI 80
The beggars that has
viidt nvour oatriarel.nl hniiiA' J tw everlifieii sold iu this or m any other
city for ,thej(,»''»ey r .... «■,
j. , j KaLVAKINSKY & 1-IRULER
t. , tl —
Iierosehe Oil by the barrel, a*
cheap or <*hwr«** th; «•' «*,*>»; In* laid
down from Art:':’' r n*y other
place. J. II. Hugoin*.
