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f i V- N m (ItT! UMBO OCC BUT Si •99 .» ■ < • • i / * /u/( rrt=t ir ■)?.lit jfqflfWBrtjfsitiEai*:™ >.• : » ;t- * rid ntjgu fjjl-.w bii>ni 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*.