Newspaper Page Text
C OLUM BUS:
THCItKIKIY nOHMSIC),SIAHtH ol
TO FRIENDS AND PATRONS.
Every subscriber can materially assist
us in our efforts to publish the Weekly
Sun at the low rate we now offer it, by
showing a copy to his neighbor, and
speaking of it in such terms an his judg
ment dictates.
«TThe Weekly Sun is discontinued on
expiration of time paid for. See terms
at head of first columns on first and third
pages.
Always remit by registered letter or
postoffice money order. If this is not
done, we will not be responsible.
Address Tnos. Gilbebt & Cos.,
Columbus, Ga.
Death of ex-Sf.natob Alfred Ivebson.
—Telegrams received Tuesday! evening
about seven o’clock, announce that Hon.
Alfred Iverson died at hisVesidence in or
near Macon on Tuesday night. His age
was sovent.y-six' years. He was a Geor
gian by birth and for years resided in this
city. He frequently was a member of
the Georgia Legislature; and afterwards
sent to the Lower House of Congress.
He succeeded Hon. M. J. Crawford as
Judge of the Superior Court of this Cir
cuit. While on the bench, he was elected
United States Senator from Goorgia. His
term was about expiring when secession
took place. He was an ardent secessionist
and thought the separation would be
poaceful. Dnring and since the war he
has disappeared from politics. He was
once a man of great influence in this sec
tion. Ho removed to Macon in 18GG or 7.
He expressed a desire to bo buried in Co
lumbus and the remains aretoxpected to
morrow. Gen. Alfred Iverson, of Macon,
Col. John Ivorson and Mrs. Reid Ivey, of
this city, are his children.
In the National Democratic Convention
at Baltimore, in 1852,'he received seven
votes for President. He enjoyed a high
reputation, both State and National, in
the ante helium days. Asa lawyer he
was quite distinguished, and severed two
terms as Judge of the Superior Court of
this Circuit.
Our improssion is ho was bom in Put
nam county in 1707.
The romaius wore brought to this city
and interred in the cometery.
One Deobee Less Cold.— Much has
been said about the cold of the past Win
ter. It has boon pronounced the most in- 1
tense of any soason in many'years; yet
the thormometor indicates that for the
three months the temperature averaged
one degree loss than the previous Winter.
Theso thormometric observations wore
made with the same instrument, stationed
in tho same locality, and takon at 8 a. m.,
1 p. m., and Cp. m. of oach day.
Tho past WintoEavornged 50 degrees;
tho one boforo 41). Dnring'the last throe
months tliore were 27 rains and 5 light
snows. Tho samo months in 1871-2 wit
nessed 27 rainy days, 1 light and 1 vory
heavy snow. Tho months thus averaged
in 1872-3: Deocinbor, 47 degroos; Janu
ary, tho samo; Fobruary, 53. In 1871-2;
Docombor nvoragod 40 degroos; January,
4G; February, 51.
Since September Ist to March Ist tho
thermometer has avoragod 58J degrees;
and thoro woro 44 rainy days and G light
snows. Tho samo period of tho past soa
son averaged 51) dogroos; had 55 rainy
days and two snows. Bo tho past six
months were just half a degroe colder than
tho provious soason.
Exominod by months, tho following is
tho result in 1872-3: Boptombor, 77 do
groes—7 rains ; October, G 8 degrees —G
rains; Novombor, 57 dogroos—lo rains
and 1 snow; Decombor, 47 degrees—lo
rains and 2 snows; January, 47 degrees—
-7 rains and two snows ; Fobruary, 55 de
grees—lo rains and 1 snow.
Tho samo months in 1871-2 avoragod
thus: September, 7G degrees—G rains ;
Octobor, 70 dogroos —8 rains; Novombor,
Cl dogroos—l4 rains; Decomber, 49 de
grees—9 rains and 1 snow; January, 4G
dogreos—7 rains and 1 snow ; February,
51 degrees—ll rains.
Tho Fall of 1872 was ono dogreo colder
than that of 1871; the Winter of 1872-3
half dogreo warmer than that of 1871-2.
Last December, howovor, was two degroos
colder than tho samo month of the year
before, but January and February wore
ono and four degroos warmor.
So the past is proved by figuros not to
he the coldest Winter since tho war, con
trary to tho opinion of those who liavo not
kept a record. Without statistics ono for
gets how cold it was in previous seasons.
Rev. Dr. L. I’if.boe. —This venerable
and wonderful man iH vory near ninety
years of age. In a short talk that he
mode in St. Luke’s Church, last Sunday,
he stated he had boon preaching sixty
eight years, and if ho lived until the 15th
of August next, ho will have boen a mem
ber of tho church seventy years, and on
the 24th of the samo mouth he will have
attained His eighty-ninth birthday. Ilis
only regret, iu this connection, is, that he
did not sooner embrace religion. Sun
day before last ho preached a forciblo ser
mon, of nearly an hour a half duration,
and yet did not show any sign of exhaus
tion. His voice retains all its strength
and volume.
Widening its Influence. —The interest
felt in the religious meetings at the Bap
tist Church is extending its influence to
other congregations, and glorious revivals
may he tho result. Tliore appears to be
a general awakening of zoal and forvor,
and the desire to do something for tho
regeneration of mankind. Wo would
not bo surprised if meetings woro not
shortly commoneod at all the churches.
Pleasant Rumors. —Among thoße afloat
are some to the effect that a woaltliy
manufacturer hero on a visit intends sell
ing out his interests in Massachusetts and
erecting now establishments in Columbus.
Auothor is, that tho Warm Springs, in
Meriwether county, are to be purchased
by a Northern company, and extensive
improvements made at that delightful
watering place.
Premiums for Fieijj Crops. —Those
offered by the Columbus Industrial Asso
ciation aro published this morning. They
are large and embrace every variety of
crop produced in this section. Those
who intend contesting for prizes must
notify the Secretary, E. \V. Peabody, by
the loth of April. Spocial premiums for
cotton will bo given horeafter.
Cotton from Vicksburg.— This week
considerable cotton has passed through
from Vicksburg, Miss., on route to Savan
nah. A good deal came also from Mobile
and New Orleans. The Central railroad
offors tho quickest, best and most reliable
route to Now York, as shippers have dis
covered.
Can see Her twice Better. —The Con
stitution brags that Atlanta has sold this
season $2,500,000 of cotton. Atlanta
claims 30,000 inhabitants; Columbus,
counting her suburbs, 15,000; yet Colum
bus merchants have paid noarly five mil
lion dollars to planters for cotton, this
season.
The Bight Person. —The warrant for
lunacy which was refused last week, was
not taken out by Messrs. Clarke Tolbert
and M. G. Cherry against Mr. P. Hazel
ton, but by Mr. Tolbert alone. Mr. Cherry
was only a witness. We make the correc
tion by request.
Visitors. —We have many Northern
visitors. They express themselves greatly
pleased with Columbus, and evince sur
prise at her marked progress in manufac
turing.
Crops in Florida are well advanced.
Corn is all planted and most of it is up.
" Look Here, Upon this Picture, and on
This.”
The difference as to the character of
our legislation between the now, and then,
of a few years, must force itself on the
dullest and impress the most common in
tellect with sharp contrasts and painful
forebodings. While France and Spain
and Italy are waking up from the slumber
of ages, flinging from their limbs the
fetters of superstition and slavery of
mind and body, overthrowing effete sys
tems of government in State and Church
and asserting the prerogatives of nature’s
noblemen, we, American, so-called Re
publicans are advancing backwards with
long and rapid strides toward anarchy or
imperialism. We are certainly on the
down grade with valves wide open and
brakes off— Facilis est descensus the
descent is oasy, but to recall the steps—
this is tho work, that is tho labor. This
crab-like locomotion is seen in the crimes
and general demoralization daily recorded
and seldom punished, and especially in
the corrupt and ignorant characters of
our legislators and the quality and quanti
ty of our legislation. Ab uno disce omnes
—from one or two learn all. We take for
illustration the legislation of Georgia and
tho Congress of the United States.
But a few years ago it was regarded de
servedly as an honor to have a seat in
Congress or in a State Assembly. Then
the wisest, purest and most patriotic men
straggled with commendable zeal and am
bition for such evidences of favor and
morit. The passion for offico is as warm
as over; but now the post of honor is a
private station, and our halls of legisla
tion are principally filled by low-browed
demagogues, and miserable, ignorant and
base wretches, who esteem it smart to
bribe and brutalize the voter, and then
rob the public. Tho lawful pay and
honors are now the shells to bo cast aside
and trampled under foot—tho position is
simply tho knife with which they open
the golden oysters. The great Archimedes
said, “ Give me a fulcrum for my lever,
and I will move the world.” Give thieves
a place of trust, and they would soon
strip oven the Queen of Bheba of hor
jowels, and make the richos of Solomon
as worthless to others as a squeezed
orange. A wolf is a poor guardian of
a sheep, and tho man is not wise who
trusts his doves to the tender mercies of
hawks.
What is the effoct on the prosperity of
a country in thus permitting fools and
rascals to rush in, where sagos and pa
triots fear to tread ? Look at our modern
legislation. Instead of measures calcu
lated to educate the mind, stimulate in
dustry, elevate morals and religion, pro
tect porson and property, and make us
loved at home and feared abroad, we em
ploy half our time as legislators in a
disgraceful scramble for offico, and the
other half, in ferroting out official robbe
ries and robbers. Whon detected and
caught, what then? Do wo disgrace and
punish the culprits! No! In England,
the wiso Lord Francis Bacon, the man
who said with truth, “I have held up a
light in the obscurity of philosophy,
which will be soen centuries after I am
dead;” a more powerful than Bacon,
Warren Hastings, Governor-General of
British India, and one still greater than
either, Charlos I, were not superior to
law and public opinion. The two first
were blasted as tho lightning shatters tho
oak by tho contempt of a people’s indig
nation, and tho head of the second was
hold up, dripping with blood, by the
exocutionor —afearful warning to bribery,
corruption and tyranny. Not at Waterloo,
or Cressy, or Agincourt, did English
spirit exhibit more wisdom and heroism
than in these acts of justice guided by
trath and liberty. It is this spirit which
has preserved her government for a
thousand years, and made her respected
wherever tho sun shines and the winds
and wavos boar her flag.
No nation can survive dishonor. When
officials bribe, steal and swear lies falsely
with impunity, we have nothing left
worthy of preservation and immortality.
Corruption may put on incorruption with
individuals, but nations, dead to honor and
truth, never can have a resurrection.
We give the following from tho Colum
bia Carolinian as a specimen of American
legislation and honesty in this day and
generation:
Tho entire appropriation of $2G0,00()
for legislative expenses, seems to have
beon exhausted, and still thoro are scores
of claimants hungering and clamoring
for their pay. We are informed that the
troasury was literally besieged yesterday,
but the storn reply of the weariod treas
urer sounded sad on the air, “Too late,
too late.” The treasurer is right, of
course, if tho appropriation has been ex
hausted, to rofuso the payment of another
cent. Once opou the door, and the whole
or the greater part of the taxes may go in
this way, as they did last year. But how
is it, and who is to blame for this outra
geous and extravagant expenditure in the
way of legislative expenses ? There are
one hundred and fifty-six members in
both houses. Their salary is $(><)() per
annum, and their aggregate pay would be
$93,G00. The number of attaches are
thirty-two in the House and some eighteen
in the Senate, fifty in all. Their average
pay cannot exceed $4 per day. This
would, then, be S2OO per day, which,
multiplied by the number of days of the
session, ninety, which includes even tho
recess, would be SIB,OOO. This, added
to the pay of the member, $93,G00, sums
up SIII,GOO. The difference between
this and $200,000 is $148,400, which re
mains to be accounted for, tho devil only
knows how.
Tho Alabama and Chattanooga Railroad.
Wo learn through a correspondent of
tho Montgomery Advertiser that an Eng
lish company of ample means has nmdo
a provisional purchase of tho railroad and
lands from Governor Lowis, and undertake
to pay down at once to tho State (when
ever the Governor is'authorized to make a
good title to the same by the Legislature)
two hundred and thirty-five thousand dol
lars. They assume payment of tho in
dorsed bonds and one million and a half
of straight bonds wlion they mature.
They further undertake to pay the Geor
gia debt, amounting to one hundred and
ninety-six thousand dollars, and the in
terest thereon in the future as also the
interest on all bonds as abovo stated, half
yearly, commencing on the first of July,
1874. They acknowledge the lien of the
State on the road whenever thoy shall make
default in payment of intorest for one term.
They also assume the liability of what the
Beceivers, under Judge Bradley’s order,
have expended on the railroad, amount
ing to, it is understood at present, up
wards of three hundred thousand dollars,
and are now grading a line of connecting
road between Now Orleans and Meridian.
The Directors of this road reside in New
Orleans, and are men of the highest re
spectability and wealth, as has been certi
fied to by leading bankers in New Or
leans. They are also indorsed by Messrs.
Duncan, Sherman & Cos., bankers, New
York, andlate financial agents of the State;
by Messrs. Forstal & Cos., financial agents
of Messrs. Baring Bro’s. & Cos., who, next
to Bothschilds, are probably the wealth
iest financial house in England. These
gentlemen propose immediately on ob
taining possession of the railroad to put
it in perfect running order and stock it
with sufficient rolling stock for its efficient
working. They further propose to bring
capital and immigration from abroad to de
velop the lands of the Company along the
line of the railroad, and have made arrange
ments for a thorough survey of these
lands, with this purpose in view.
Ice Machines. —Tho Columbus Iron
Works have the contract for making the
Muhl Ice Machines. We understand they
have already received orders, one from
South America. We believe the Muhl
machine, owing to its cheapness and sim
plicity of construction, is destined to su
percede all others now in use. It does
not cost half as much as the Carre ma
chine, and does superior work.
IMPORTANT DECISION.
The Court House General Assembly Con
stitutional.
OPINIONS OF JUDGES BAFFOLD, PECK AND
PETEBH.
W. W. Screws vs. Pat Ragland; January
Term, 1873.
Peck, C. J.—This important case has
been pressed upon the court at the very
heel of the term, while much other neces
sary business remained to be disposed of
before the final adjournment.
Less than forty-eight hours remained
to us, after the record and briefs, and ar
guments of the counsel came to our
hands.
This time has mainly been employed
in examining the case, the record, the
facts settled and agreed upon by the par
ties, with the arguments of counsel, to
enable us to reach, if possible, a correct
conclusion, which I hope we have suc
ceeded in doing; but no time remained
to write out at length the opinion of the
court setting out tho reasons that conduct
ed us to the result. The result, I now
proceed to read, as follows, to-wit:
1. Every officer who, by the constitu
tion or laws of the State, is required to
be elected by the people, derives his right
to the office by his election, and tho evi
dence of his election in the first place
usually is the certificate of the proper
officer, or if he is an officer who by the
constitution or laws is required to be com
missioned by the governor, then, his corn
emission is the evidence. This evidence,
the certificate or commission, is not con
clusive, but prima facie evidence only,
which may be overcome or destroyed by
better evidence, to-wit: by the judgment
of a competent court, if he is an execu
tive or judicial officer; if a legislative
officer, a senator or representative of the
general assembly, then, such evidence is
the determination of the legislative body
of which he claims to be a member, to
wit: Tho senate or house of representa
tives, declaring him to bo, or not to be, a
member of said body. Each houso of
the general assembly is, by tho constitu
tion, made the Role judge of the qualifica
tions, elections, and returns of its own
members. (Act 4, section Cos the con
stitution.)
When, therefore, either house declares
that a certain person is a mombor of its
body, that is final and conclusive and no
court can go behind it.
The Senate and House of Representa
tives each, sinoo their organization under
the proposal of the attorney general of
the United States, made for that purpose,
has declared that certain persons, who had
one certificate of election, were elected
by the people, and certain other persons,
who had certificates of election, were not
eloctod by tho people; and the first named
persons have been declared and recogni
zed as members of the respective houses.
This is conclusive upon us, and we have
no power to review or revise what has
thus been done. These persons, if elected
by the qualified electors, were members
of the General Assembly, from the day
of their election, and being members,
then the two bodies who convened and
organized at the court house in Montgom
ery, had a majority in both houses, and
having such majority, when recognized
by tho Governor, wore a constitutional
General Assembly, and wore competent to
do any act, as a general assembly, except
such acts as can only be done by a major
ity of two-thirds of the members of oach
house. They could elect a public printer
or a senator to the Congress of the United
jiltates.
Ido not regard it necessary that the
Goneral Assembly should convene and or
ganize in the Capitol building, neither tho
constitution nor any law of the Btate re
quires this. They are required to con
vene in Montgomery, not in tho Capitol
building; nor in the organization is it ne
cessary that the Lieutenant-Governor, or
the Speaker be present. These officers
preside—the Lieut. Governor over tho
Senate, and the Speaker over the House
of Representatives, after they are organ
ized, not necessarily before.
2. The statement of facts, in this case,
settled and agreed upon by the parties,
shows, that on the 10th day of December,
1872, after tho liodios that convened and
organized at the court house iu Montgom
ery, claiming to be tho General Assembly,
was recognized by the Governor, as the
General Assembly of the State of Alaba
ma, elected Arthur Bingham, tho Publio
Printer of the State.
We hold, that notwithstanding the pe
culiar circumstances attending tho moot
ing and organization of said bodies, and
their recognition of the Governor, said
election was not void, but valid; and that
as said Bingham has given his official
bond, which was approved of by the Gov
ernor, and has received a commission ns
Public Printer, &c., he is to be regarded
as tho Public Printer of tho State, and
entitled to all the privileges and emolu
ments of said office, and authorized to
discharge the duties of the samo, conse
quently, the decision of the City Court
denying the mandamus prayed for by the
petitioner in his petitions, is free from
error and must ho affirmed at petitioner’s
cost.
Peters, J.—l concur not only in the
reasoning, but also in the conclusion of
the opinion of the chief justice, which has
just been read in this case.
The state printer is an officer elected by
the general assembly at the time appoint
ed by law. That time had arrived when
tho election of Mr. Bingham was made in
this case. After the election of the state
printer by tho general assembly, he is re
quired to give bond as prescribed by the
statute, and to take the constitutional oath
of office. (Rev. Code §§ 123, 127, 127;
Constitution of Ala., ISG7, art. XV, st.)
When this is done he becomes one of the
executive officers of the State. And al
though he is not one of those officers
specially required to he commissioned by
the governor, yet the governor alone can
approve his bond. And if as evidence of
his approval and of the proper qualifica
tion of the officer so appointed to dis
charge the functions of his office, ho is
commissioned by the governor, this court
cannot say that such commission lias been
inadvertently issued, and step in and aid
the chief executive of the State in the
manner of performing his duties or per
forming tliimi for him. (Rev. Code §§
148, 12G.) We must presume that the
governor knows his own duties and how
to perform them ; and that he would not
approve tho bond and commission of any
person as state printer without tho proper
evidence of his appointment by the prop
er authority, and particularly when this is
done during tho session of the general as
sembly, and with their full knowledge;
and while that body, having control
the time being of the sovereign power
of the State, over the vory question in
controversy, acquiesces in such approval
and commission.
When this is the case, the courts have
no other alternative than to acquiesce
also. This is necessarily so, at least un
til the general assembly, which speaks the
legislative mind of the people of tho
State, shall decide otherwise. Then it be
comes the duty of tho governor and of
this court to conform to this declaration
of legislative will; otherwise a state print
er may be made by this court against the
general assembly and the commission of
tho governor. This is not a power vested
in this tribunal. An office created and
filled by the general assembly is a revoca
ble franchise given by statute. It may
also be taken away or abolished by the
statute, unless it is protected by a consti
tutional provision.—Perkins vs. Corbin,
45 Alabama 103.
Such office is not a vested right which
is above legislative control. Then in
what way the Legislature shall bestow it,
or in what manner that body shall put an
end to it, is a matter over which thoy ex
ercise the sole, unlimited, sovereign pow
er. (45 Ala. 100 supra). If I had much
greater doubt about the regularity of the
organization of the legislative body that
elected Arthur Bingham State Printer, on
the 10th day of December last, than I do,
I would-still feeel a very grave reluctance
to declare such election void.
The constituent elements of tho same
body are still acting in tho capacity of
the general assembly of this state, and
they have not, and do not repudiate the
election thus made. It is their affair. If
they are content with it they have the
power and the right to be so content. In
this matter they alone speak the sovereign
will, and in this they must be followed by
the courts. No judgment of this court or
any other, so long as they act within their
constitutional limits, can reverse or inter
fere with their decisions.
In such a matter they are a law unto
themselves. They are the sole judges of
the thing to be done and tho manner in
which it should be done. Their action,
however irregular it may be, when com
pared with former usages, is the law with
them, and it is equally the law of this
court. Until they choose to change their
action it must be final with this tribunal.
Courts cannot regulate Legislatures, but
legislatures can regulate courts. It is the
duty of the courts, so far as they can, to
find out the legislative will, and to follow
it in their judgments. Guided by this
maxim, I can do no more than to concur
with the venerable Chief Justice of this
Court in declaring Arthur Bingham State
Printer nntil it is the will of the General
Assembly to determine otherwise. The
legislative body may make mistakes.
They may do wrong. They may commit
what tho over-fastidious may pronounce
serious blunders. They are but mou, and
humanity is never, in a legislative sense,
infallible. But this Court can only inter
fere to control their mistakes, should such
mistakes occur, when they involve a dis
regard of some constitutional restraint or
limitation of their powers in the enact
ment of a law. Beyond this courts cannot
go. Non nostrum, cut tantas component
lites. (See Challefaux, etal., vs. Duchar
nei et al., Wis. 554; Kottam et al., vs.
Ayer, 3 Strab 92; Drake ex rei. vs. Ma
hany, 13 Mich. 481; the State vs. John
son, 17 Ark. 407; Marbury vs. Madison,
1 Granch 137, and Luther vs. Borders, 7
Haw. U. S. R. 1 et seq.)
The judgment of the court below is free
from error and should be affirmed.
Ex parte W. W. Screws; application for
mandamus to the secretary of state.
Dissenting opinion.
B. F. Saffold, J.—l concur with the
chief justice in tho following proposi
tions:
1. That it is not indispensable to the
organization and existence of tho goneral
assembly that it should meet in tho Capi
tol, or bo presidod over in the senate by
the lieutenant governor, and in the house
of representatives by the speaker, or be
recognized by the governor.
2. That the members thereof derive
their authority to act as Buch from their
election by the people, and not otherwise.
But I maintain that there are cases in
which there is no general assembly, not
withstanding a majority of each house
may meet at a time and place appointed
by law, and organize and assume to be
the general assembly; and that the pres
ent is such a case.
We know now who are entitled as mem
bers thereof to compose the general as
sembly, because it has been ascertained
by an undoubted general assembly. It
appears from the finding that the prior
assemblage at tho capitol lacked the in
dispensable requisite of a goneral assem
bly, to-wit: a majority of the members of
each house. This was the only defect of
that assemblage, either iu form or sub
stance. But it is vital and fatal to its
claim to be the general assembly.
The assemblage at the U. S. court
room, lacking every mere form in its
organization, had, as has been subseqnen
ly ascertained, a majority of tho duly
elected members of each house. In refus
ing to attend at the capitol, and on organ
izing at another place, its members staked
their defence upon the truth of their
claim to be a majority of each houso. The
result of a proper investigation vindicated
this claim, and prevented tho other body
from constituting tho general assembly.
Necessity is a law. But the validity of
acts, dependent alone upon it, fails, if
there was not the necessity. The court
house assemblage might have been held
to have been the legislature, if northing
else had transpired within a reasonable
time.
Appeal was made by each claimant to
the President of tho United States for
recognition. One body was meditating
the impeachment of the Governor for re
fusing to recognize it, and both were pro
ceeding to declaro vacant the seats of
members who belonged to tho other.
Nothing but force would have decided tho
dispute if it had not beon for the inter
vention of the President through the
United States Attorney General. In obe
dience to his suggestion, tho Houso of
Representatives readily organized and
awaited the organization of tho Senate,
which was effected sometime afterwards.
The most important of tho contested
seats have been determined in this now
organization, by tho wliolo number of
members undoubtedly entitled to seats,
and others are awaiting its action. Not
withstanding this inquest determines that
tho court houso assemblage had a majority
of each houso, I insist it was not tho
General Assembly.
A legislature to be such must of course
have all the powers which it may exorcise.
Some of the powers requiro to bo exor
cised by two-thirds of each house. Can
a bare majority in favor of such exorcise
in a particular instauco, expel the minori
ty opposed, or refuso to lot them meet
with them ? May the majority, whenever
congregated in the city of Montgomery,
assume on tho instant to bo the Legisla
ture and pass a law ? These extreme cases
suggest the right, both of the minority
and of the people to have their voice in
the passage of laws, or the performance
of other duties by tho Legislature.
The rule I deduce for determining tho
right of tho majority to hold a session of
tho legislature, and the right of tho mi
nority to bo present—without which the
majority cannot legislate—is this: tho
minority must be absent either necessarily
or wilfully, without fault on tho part of
tho majority, to enablo tho latter to hold
such session. If they are sick, or unable
from any cause to come—or if they aro
refractory and will not come—the majori
ty may proceed without them. But if
their absence proceeds from a reasonable
belief that the body claiming their attend
ance has no right to do so, their objec
tions ought to be removed through con
ference with thorn; or they should bo
placed in fault by such attempt, so that
they may be brought in by compulsion.—
Whon a large number are absent, their
attendance ought to ho compelled, be
cause the people have a right to tho influ
ence they may exert, and also to have all
doubts about the validity of tho legisla
ture removed.
In this instance tho conference was
held, and resulted in the proper organiza
tion of tho assembly according to all the
forms of law. No necessity exists now
for regarding tho court-house assemblage
as the general assembly, and without such
necessity it ought not to bo so regarded.
The undoubted general assembly has been
in session more than a month, with the
question of the validity of the claims of
the former assemblages to bo such con
■ stantly before it, and it has been unable
to formally ratify or repudiate either,
while the act of both, with some excep
tion, have been ignored or revised.
The convention parliament which re
stored Charlos II met without the sum
mons of the king, and tho first thing done
after the king’s return was to pass an act
declaring it to be a good parliament, not
withstanding tho defect of tho king’s
writs. Blaekstone says the meeting was
for tho necessity of tho thing, which su
persedes all law; for if they had not so
met, it was morally impossible that the
kingdom should have been settled in
peace. So. at tho time of the revolution
in IGBB, the lords and commons, by their
own authority, met in a convention and
disposed of the crown and kingdom. This
assembling was upon a like principle of
necessity as at the restoration—that is,
upon a full conviction that King James
II had abdicated the government, and
that the throne was thereby vacant, which
tho supposition of the individual mem
bers was confirmed by their concurrent
resolution when they actually came to
gether. The convention was doclared to
be really the two houses of parliament,
notwithstanding tho want of writs or
other defects of form, by statute 1 Win.
and M. St.; 1 ch. 1 ; 1 Blackstone’s com.
nip. 151, 152.
In the People vs. Hatch, 33 111., 9, a
portion of the members of the legislature
came together and assumed to act as the
legislature after it had beon adjourned
by the governor under a misapprehension
of a disagreement. The members had
been disconcerted by the prorogation,
and for twelve days had taken no action.
This was considered an acquiescence in
tho action of the governor, and the sub
sequent assembling was declared by tho
court not to have been a meeting of the
legislature. In that case every ingredient
of validity seems to have existed. A
meeting at a time and place appointed by
law—no dispute as to membership A
session begun and not actually terminated.
An admitted mistake of tho governor in
proroguing the body. Disconcertion of
tho members rather than acquiescence.
How easy will it be, whon the parties
into which tho members may be divided
are nearly equal, for a sufficient number
of seats to be contested to raise genuine
doubts about who are entitled to them ?
The State is liable to be convulsed on the
most frivolous occasions, and long after
wards private citizens may be greatly in
jured without fault of theirs by judicial
determination of the validity of law's
which they were unable in any way cor
rectly to determine for themselves. Such
i doubt and difficulty now exist in this
i State; and to the beneficent interposition
I of the federal authority alone, are we
indebted for the privilege of deciding
this case before a civil tribunal, rather
than having it submitted to the cruel ar
bitrament of intestine strife.
Fight fob a Postoffice.— Washington,
March G. —There is a fierce fight here
over the Macon postoffice. Two negroes
are contending. The President is indis
posed to make a change. If a change is
made the civil service test question will
be asked, which involves latitude and
longitude. A Boston nig will get the
place under this test.
ALABAMA LEGISLATURE.
TUESDAY—SENATE.
Following House bills were passed :
To require Jndgos of Probate to keep
a record of licenses issued by them un
der the Revenuo laws.
To amend section 232 G of the Code.
To incorporate the town of Clayton,
Barbour county, with an amendment pro
viding for an election on the first Monday
in April.
To increase the per diem of the Com
missioners of the counties of Henry
and Barbour.
Senate bills were passed as follows:
Manufacturing and Mechanical Arts
exemption bill.
To authorize the Governor to appoint
a competent person to edit and revise Prof.
Tourney's Geological reports of the State.
To authorize the Governor to fill all
Judicial vacancies in this State by ap
pointment.
Mr. Wilson, by leave —A bill to ineo
rate a Medical college of the State of Ala
bama. ::t Ml mb' .
HOUSE
passed follow ing :
The election bill, with an amendment
striking out election for County Superin
tendents.
To authorize the Probate Judge of Me
con county to appoint a guardian for im<
minor heirs of A. F. Henderson, decease \
without requiring bond or annual settle
ments.
To amend the charter of the Pensacola
and Louisville railroad.
To regulate the time for holding courts
in the Seventh Judicial Circuit.
The following was adopted, on call of
the provious question, by 42 to 38 votes :
Mr. Dustan—A preamble and resolution
relative to Grant's inauguration, pledging
the House to put on record itR hearty ap
proval of the wisdom with which General
Grant has administered the affairs of gov
ernment during the four years last past,
and its confidence in tho benefits to the
people tiiat are to inure from his contin
ued administration of the government.
Following bills were referred :
To repeal sub-division 18 of section 112
of tho Revenue Laws. This is the sub
division that requires physicians and sur
geons to pay $lO license.
Mr. Jones, of Lee —A bill to encourage
tho manufacture of woolen and cotton
fabrics in Alabama. Exempts capital
thus employed from taxation for five
years.
Also, A bill to authorize the Columbus
and Tennesseo Valley Railroad Company,
now known as tho Columbus, Fayetto and
Decatur Railroad Company, to ca 1 on the
South and North Alabama Company as the
successors of the Tennessee and Alabama
Central Railroad Company, to survey at
their own expense the route of the Colum
bus, Fayette and Decatur Railroad, from
Columbus, in the State of Mississippi, to
Decatur, in the State of Alabama. Inter
nal Improvements.
Also, A bill for the protection of plan
tations and lands against the depredations
of stock in the counties of Lee and Cham
bers. Read twice.
Bills to amend acts prohibiting liquour
sales within three miles of churches at
Warrior Stand and Cubahatchee, in Ma
con county. First, lost; last referred.
To consolidate the Tennessee and War
rior River R. R., the Huntsville and
Nashville and the Warrior Mining and
Manufacturing Railroad Companies with
the Ohio, Tennessee and Warrior Rivers
Railroad Company.
Mr. Steel—A memorial to the General
Assembly frqm citizens of Madison coun
ty asking $5,000 subsidy per mile to nar
row gauge railroads in tho State.
To enforce the right of tho father to
the custody of the child or children whon
ho is abandoned by the mothor to whom
he is legally married.
Motion to indefinitely postpone Civil
Rights bill was discussed to adjournment.
WEDNESDAY.
SENATE.
Following was passed:
To protect minor and female laborers in
factories in this State. Provides that they
shall not be compelled to labor before 7
a. m. or after 6 p. m.
Adverse report to the bill to repeal sec
tion 1402 of tho Revised Code was con
curred in.
Following were introduced:
To prohibit Courts of County Commis
sioners from levying a tax for county pur
poses upon the special State tax to provide
a sinking fund. Judiciary.
Mr. Parks—For tho protection of tax
payers. Special committee: Messrs.
Parks, Cooper and Ervin.
In relation to administrators and guar
dians.
To define the moaning of tho word resi
dent.
A bill to protect farms from trespass
and damages. Judiciary.
A bill to protect timber and rails.
To enable defendants charged with
crime to give bond and security for their
appearance at court.
To protect women and minor operatives
from excessive work.
A joint resolution providing for the
olection of United States Senator by the
people instead of tho General Assembly,
and to dispense with Electors for Presi
dent and Vice-President. Referred to
Committee on Federal Relations.
Tho Civil Rights bill was discussed to
adjournment.
HOUSE.
The Governor messaged his approval of
tho following :
To prescribe the time of holding courts
in the Tenth Judicial Circuit.
Joint resolution authorizing and re
questing the Committee on Public Insti
tutions to visit the Asylum for tho Deaf,
Dumb and Blind, at Tallapoosa.
To compromise a certain suit pending
against the State of Alabama.
To provide for tho support of the
Freedman’s hospital, near the city of Tal
ladega.
Following were passed :
To amend section 4204 of tho Revised
Code. Allows probate judges to exercise
jurisdiction of applications for writs of
habeas corpus after indictment found in
all eases over which they have now juris
diction before the finding of tho indict
ment.
To amend sub-division 3 of section 020
of the Revised Code. Allows juror’s cer
tificates to bo paid without having been
audited.
An amendment was mado for the pro
tection of grand jurors, which makes it
an offence to abuse, threaten or maltreat
a grand juror for any action done in good
faith in tho line of his duty as a grand
juror.
To allow Mrs. Mary B. Fannin, of Pike
county, to sell a houso and lot in tho town
of Troy.
To prohibit the hiring of the prisoners
of the counties of the State beyond the
limits of said county. Imposes a fino of
from SSO to S2OO upon any officer viola
ting the provisions of the act.
Bill to repeal the Ku-Klux law- was dis
cussed to adjournment.
THURSDAY.
SENATE.
Governor messaged his approval of fol
lowing hills;
To incorporate the town of Dadevillo.
To require Commissioners’ Courts to
furnish tho Treasurer with an office.
For the relief of Mrs. Mary Ann Hook,
of Pike county.
Following bills were referred :
Mr. Pennington, by leave, called up
Senate bill, on its second reading, to es
tablish a City Court for the county of Lee.
To authorize the Governor to set tle with
the Montgomery and Eufanla Railroad
Company.
To regulate the manner of finding and
endorsing indictments by the grand jury
in cases of murder.
To authorize the redemption of lands
solo for taxes and purchased by the State.
To prohibit certain public officers, their
agents or depositors from purchasing or
trafficking in county claims.
To authorize the Court of County Com
missioners to elect a chairman and a clerk
and define their duties.
To relievo Judges of Probate from the
duties imposed on them bylaw pertaining
to Commissioners’ Court.
Civil Rights bill was again discusses!.
Committee was required to report Houso
bill next day.
HOUSE.
A resolution of Mr. Boyd, asking the
General Government to pass a law pre
venting Federal interference with elec
tions, was lost by 42 to 4(».
A resolution of Mr. Boyd, censuring
Grant, was tabled, as well as Cloud’s
substitute asking Grant to become the
guest of the State when visiting Mont
gomery on his Southern trip.
Following were referred ;
To better secure the payment of wages
and dues of the mechanics and employees
of railroad companies.
To provide for a revision of tho goneral
laws of Alabama.
For the relief of lands of railroad com
panies that have not been built upon for
two years.
To render husband and wife compe
tent witnesses for or against each other
in civil or criminal cases.
Eleciion law was further discussed and
amended.
FRIDAY.
SENATE.
Mr. Pennington, by leave, introduced n
joint resolution legalizing the acts of the
Auditor in drawing his warrants in favor
of the membors and officers of the two
organizations claiming to be the General
Assembly before the compromise proposed
by the Attorney General. Referred.
Following wero passed :
To establish anew charter for the city
of Opelika.
To regulate the payment of income to
annuitants.
To amend section 283(1 of the Revised
Code.
To repeal an act to establish a Criminal
Court for Russell county.
To repeal an act to exempt from admin
istration property of decedents, and vest
title in the widow and child or children.
To prevent the evil practice of duel
ling.
To change the line between the comities
of Barbour and Russell.
To amend an act to repeal an act to
regulate the publication of legal and other
notices, approved August 12,18(58, and an
act to amend the same, approved October
18, 18C8.
The Governor messaged his approval of
Senate bill to authorize the city of Mobile
to issue bonds to the amount of $200,000.
Bill to repeal an act to establish anew
charter for the city of Opelika was indefi
nitely postponed.
HOUSE.
-Joint resolution relating to the appoint
ment of an agent for the collection from
the United States of the amounts due the
State on account of the location of mili
tary warrants in the State, issued for
military services in the war of the United
States. Adopted.
The education law was discussed and
amended.
Governor messaged his approval of an
act to fix the time of holding the cir
cuit courts of the seventh judicial cir
cuit.
Joint resolution authorizing the ap
pointment of a committee for the purpose
therein named.
The penitentiary farm bill was further
discussed, amended and recommitted.
iKiniv m tuciii ?.
Our Manufactories. —They have thus
far taken from the warehouses 3,484 bales
of cotton, and about a thousand more
have been received at the mills direct,
making the total consumed thus far some
4,500. This cotton, if sold from ware
houses, would have brought, at eighteen
cents por pound, $365,000. Sont out as
yarns and cloth from our manufactories,
the value has been increased to at least
$1,200,000 in round numbers —again of
$835,000 —and besides, all the money re
mains in the South. Would it not be a
grand thing if the South worked up all
her cotton in yarns and cloths ? She could
then well afford to buy moat and corn,
though she would be still richer if she
was, oven then, independent of other sec
tions for the necessaries of life. Wo would
not bo surprised if the Columbus facto
ries took 7,000 bales cotton this season.
Six years ago there was not a cotton mill
in this section, as Yankee General Wilson
and his bummers burnt them all. Now
Columbus is running 30,000 spindles and
2,000 looms. This shows progress of the
right kind.
Cotton Receipts at Columbus for the
Season.— The probabilities are that this
wool; wo will receive three times as much
cotton as wo did the corresponding week
of last year. The gain, thus far, is about
forty-four per cent. If this ratio contin
ues, we will receive this season 58,628
hales, an increase of 18,068 over the last.
In this estimate is included 097 bales of
cotton which, last year, did not pass
through the warehouses, but went direct
to the manufactories. It remains to be
seen whether this ratio will be maintain
ed. The rule which has proved general
since tlio war indicates that her receipts
should ho 58,022. So wo ought to get
over 58,000 bales, at least, if (he ratio of
her per centago and tlio general rule
proves correct. Our estimate heretofore
has been nearly 57,000 bales. Wo hardly
believe tlio receipts will fall below this es
timate, or reach 60,000.
Col. B. W. Frobel. —This gentleman,
who has labored so faithfully to advance
tho interests of that great enterprise, the
“Great Western Canal,” we hear, is in tho
city, investigating whether a branch from
tho Chattahoochee, at some point near
Atlanta, to Columbus, is practicable. He
has strong hopes that the work may yet
bo undertaken by tho Government, and
that Congress will make appropriations
therefor. A branch here would connect
tho canal with tho Gulf, and give Western
Georgia, Eastern Alabama and Florida,
equal advantages with other sections.
This canal—to connect the Mississippi
with tho Atlantic—is the grandest project
of the ago.
Tho above is said to have been osten
sibly the mission of Col. Frobel, hut it
is thought to have been of a very differ
out character, judging from his actions.
Wo understand lie returned to Atlanta
yesterday.
A Leg Broken.— Mr. W. W. Culver, of
the firm of Culver A Bros., traveling
agents for the sale of the Farmer Stove,
had a leg broken yesterday morning. His
mules became frightened, when on tho
street near the Western Railroad depot.
Tho bit to a bridle broke. Mr. C., in
jumping out, sustained the injury men
tioned. The mules were stopped by foot
men. and neither ilio team nor wagon sus
tained injury. Mr. C. is now in his rooms
in the Muscogee Homo building, and
promises to recover speedily.
Mr. Culver’s leg was bioken at the
ankle joint. Hence tho injury is very
painful and not at all serious. Dr. Stan
ford is attending him.
The Owner May be in this Section.—
A gentleman from Philadelphia has
bought a captured sword without a scab
hard, which he desires to have restored to
the owner. On one side of the blade arc
the letters, in German characters: “To
G. M. Lewis, by the officers of the 75th
Regt.,G. M.” On the opposite side, in
plain letters, is the name “E. J. Johnston
& Cos., Macon, Ga.who were probably
the makers.
Tho owner may possibly reside in this
section, and hence this mention
A Florida Railroad. Columbus is
somewhat interested in tho prospects of
tho Jacksonville, Mobile and Pensacola
Railroad, which has been completed to
Chattahoochee, and all have heard how it
has been mismanaged. Attorney General
Cocke, of Florida, in a published report,
states that alt legal measures will he taken
to bring all the affairs and transactions of
tho Company before the courts, when all
the suspected fraud and villainy will be
exposed.
Northern Travel. —Nearly every train
on the Western Railroad brings to this
city a large number of Northern travelers,
en route to Jacksonville, Fla., and the St.
John’s River, who have come hiiher by
the way of Now Orleans, where they par
ticipated in tho pleasures of the late Mar
di Gras festival. The extreme cold weath
er at tho North has niado the number of
visitors to Florida this season unusually
large, and the cars, steamers and hotels
are reported to be filled to their utmost
capacity.
Baptist Church.—To yesterday there
had been thirty-nine additions to the
membership in less than three weeks, in
cluding thirteen received l>y lettor. Tho
meetings continue to bo very largely tit
tended. We understand Dr. Kendrick, of
New York, was expected yesterday, and
we presume has arrived. Meetings have
also commenced at St. Luke’s M. E.
Church.
The Ice Manufactory. —We under
stand this establishment will be put into
operation to-day or to-morrow. As has
lieen stated, the Columbus Iron Works
have leased the machine in order to run it
a year, guaranteeing ice to the stock
holders at a very lev figure. Mr. Muhl,
the inventor, is in the city.
TE XiEGRAPH IC.
FOREIGN.
London, March s.—The circumstances
of the fraud on the Bank of England ro
main a mystery. Noyes, the clerk, or
confederate of the forgers, is now un
der arrest. He is a native of the United
States. He protests his innocence, but
doubtless knows more than he is willing
to toll at present. Astonishment is ex
pressed that the extent of the transaction
didn’t arouse the suspicion of the bank
officials, but it seems the operators repre
sented that they were interested in the
introduction of American palace ears on
British railroads, and were arranging for
their manufacture on a scale which re
quired the employment of a large amount
of funds.
The Times has a special dispatch from
Berlin stating that the ability of France
to give financial guarantees sufficient to
secure the early evacuation of French ter
ritory by the German troops, is doubtful
in that city.
The heir of the late ex-Emperor Napo
leon paid a visit to Queen Victoria yester
day.
There is a movement on foot among the
Irish population for a great meeting in
Hyde Park, in favor of amnosty for the
Fenians now held in prison by the British
Government. The meeting, over which
Dr. Isaac Butt, Member of Parliament for
Limerick, will preside, will probably be
held on the 16th of this month.
Paris. March 6.—Thiers is slightly in
disposed.
London, March (i. —There is a rumor
afloat that the Marquis of Loruo and
Princess Louisa have separated because of
incompatibility of temper. The Princess
is in a religions retreat near Windsor, and
the Marquis has gone abroad. No author
ity is given for the report, and it remains
to bo confirmed.
President Thiers lias recognized bellig
erent rights of the Carlists in Spain.
The impression grows in London that
Don Carlos will succeed.
ll is rumored the Carlist leaders iuteud
to raise a loan.
Bullion in the Bank of England decreas
ed T 188,000.
Charles Grums, Secretary of the Brick
layers’ Association, was shot and instantly
killed, this morning, in West 40th street,
by Charles Marwig, President of the As
sociation. The murder was the result of
a quarrel about the funds of the Associa
tion. Marwig fired three shots, the bul
lets penetrating Grums’ head and lodging
in his brain. The murderer escaped. The
police have sent out a general alarm.
London, March B.—A special dispatch
from Borliu to the London Times says:
“The Government of France has official
ly given Germany financial guarantees for
the payment at the designated time of the
last milliard francs of the war indemnity,
and that the war negotiations between
the two governments for the entire evacu
ation of the French Territory by the Ger
man troops at an early day has already
been commenced.”
The Telegraph this morning has a spe
cial dispatch from Madrid, stating that
the streets in the vicinity of the Palace of
Cortes were thronged with people during
the session of the Assembly yesterday,
and much excitement prevailed. Detach
ments of the Civic Guards wero stationed
at various strategetic points in anticipa
tion of an outbreak.
The same dispatch states that it is
known that Figueras, President of the
Council, will to-day propose a motion for
immediate dissolution of the Assembly.
A report from Madrid states that the
Great Powers will jointly withdraw diplo
mats from Madrid if the Federal Republic
proclaimed is denied.
Paris, March 8. —A terrible explosion
occurred yesterday afternoon in a car
tridge manufactory at Fort Mont Vallejan.
Twenty-eight persons wore injured, twelve
of whom, it is stated, cannot possibly re
cover.
Later. —lt is reported that over one
hundred persons were injured by tlio ox
plosion at Fort Mont Vallejan.
London, March 7. —So little credit is
attached to the rumor of the Marquis of
Lorno and Princess Louise, that their
friends have not taken the trouble to pub
licly contradict it.
i Come, March 8. —The Pope, in reply
ing to an address presented to him to-day,
said, “That reconciliation with the Italian
Government was impossible. God will
punish invaders of llis dominions. As
Catholics were ever unshakable in their
faith, ho had the utmost confidence in the
ultimate triumph of tlio Church.
Madrid.— -The Committeeof the Assem
bly having charge of President Figueras’
bill for tho dissolution of the Assembly
and other purposes,are Hfill in conference
with the Ministry. A compromise is
sought .by which the threatened crisis
may be averted. At a late hour last night
nothing had been made public concerning
tho probablo issue of the conference.
Among the reports current in Madrid
this morning is one to the effect that a
mixed Directory will be appointed to
assume control of the Government. Tho
members mentioned are Figueras, Revero,
Orouz, Martos and Castellar, under the
Presidency of Pi-Y’Margall. The Govern
ment will bo styled pure republican.
Dispatches from the provinces are not
disturbed by the movements of the Car
iists, and it is reported that quiet pro
vails.
A hand of men which was attempting
to leave the Province of Madrid to join
the Carlists forces was overtaken yester
day by Government troops and dispers
ed, after a short conflict. Fifteen of the
hand, including its chief, were killed and
low taken prisoners.
WASHINGTON.
Washington, March s.—lt is proper to
say that the sacred inscription, thought
lessly placed by the artist in charge of (lie
decorations among the legends of the in
augural hall, was removed by order of the
committee of arrangements.
Most of the new Senators wore seated
yesterday.
Senator Spencer, of Alabama, was
called, hut did not put in an appearance.
It is understood objections would have
been made to him. Neither General Mc-
Millan nor Pinehback were called.
Washington, March 5. —There is much
speculation relative to the Cabinet, found
ed on the mere report that recently the
members of it have formally tendered
their resignations, thus necessitating new
nominations to tho Senate. The question
about the Cabinet was, however, settled.
Last fall, soon after tho re-election of
President Grant, at a Cabinet, meeting,
all the members were present. They in
informed him that, wishing to do nothing
whatever to embarrass him in his admin
istration, they would tender their resigna
tions to that effect on the 4t,h March en
siling. The President expressed his
thanks for their friendly feelings, and in
formed them he had no desire for anyone
of lliein to withdraw from their present
position, hut preferred they should re
main. Nothing has occurred since to
change the position of affairs as it existed
at that time. The only immediate change
will he in the Secretaryship of tho Treas
ury, should the present incumbent be
elected to (lie Senate of the United States.
Tho opinion that the President need not
renominate the present members of the
Cabinet for confirmation is strengthened
by the fact that all of them were at their
respective Departments to-day, attending
to their official duties, and it is said by
gentlemen in Executive position that no
such renominations will be made.
Levi B. Ducky sncceeds Col. Douglass
as (lie President’s Private Secretary; C.
C. Sniffin was appointed Assistant, Pri
vate Secretary and O. L. Pi uder Execn-
I ive Clerk.
Senator Edmunds yesterday received a
dispatch from the Citizen’s Committee at
New Orleans, calling upon (lie Senate to
lake immiate action upon (he credentials
of Hon. W. L. McMillen.
Upon motion of Yoorhees the House
voted thanksdo Speaker Blaine.
By special application of Hon. W. A.
Holland, the President will pardon R. G.
Gray, Ku-klux prisoner, confined at Alba
ny jail. Gray is a citizen of Randolph
county, Ala.
David C. Smith has been confirmed ns
Inspector General of Steamboats.
The Department of State is in receipt
of information that no fines on American
vessels in Cuba are to bo enforced until
approached by the Intendant,
Washington, March 6. —The Confer
ence Report on tho Postoflleo appropria
tion bill retained tho clause inserted by
the Senate, excluding absolutely from the
mails all free matter, after the 30th of
June, 1573. This, of course, cuts off all
free newspaper exchanges, and all free
mail delivery of county newspapers.
Senate.—Mr. Spencer, of Alabama, ad
vanced, with the intention of taking the
oath of office.
Mr. Bayard objected to Mr. Spencer be
ing sworn in.‘ He said that it was known
that there were doubts as to the legality
of the election under w'hich the creden
tials of Mr. Spencer came to tho Senate.
Tho credentials of another gentleman,
claiming to have been elected from Ala
bama (Mr. Sykes), were on the table, and
he objected to Mr. Spencer being sworn
in until his credentials were passed upon
by a committee of this body.
Mr. Hanlon said it was the custom to
swear in a member whose credentials were
in regular form, and then if there were
any questions as to the legalityof his elec
tion they could bo decided upon without
prejudice to any one. This had been the
precedent.
Mr. Bayard moved that the credentials
of Mr. Sykes and Mr. Spencer he laid on
table, and tho question of Mr. Spencer’s
admission bo postponed until to-morrow
or some proper future day.
Mr. Oonkling said Mr. Sykes was here
solely ns a memorialist, whereas the cre
dentials of Mr. Spencer were in proper
form. He (Mr. Colliding) held that Mr.
Spencer should now Vie sworn in in ac
cordance with the custom and the prece
dent, and his credentials could then be
referred to the Committee on Elections
without any prejudice whatever to the
contestant.
Mr. Bayard said Mr. Conkling was mis
taken in liis assertion that Mr. Sykes was
held in the character of a memorialist.
The credentials of Mr. Sykes are in regn
lar and proper form. As to the precedent
in such cases, Mr. Bayard instanced the
fact that Mr. Starke, of Oregon, whose
credentials wore in proper form, and for
whose seat there was no contest, had not
been admitted, but his credentials were
sent to the Judiciary Committee; and two
years ago Mr. Goldthwaite, of Alabama,
was objected to, although his credentials
were in proper form and there was no
contestant whatever for his seat; yet we
all know how long it was before he was
admitted to his soat. lie (Mr. Bayard)
maintained that Mr. Spencer’s credentials
wore not in proper form, and it would he
an injustice to the people of Alabama if
he was admitted without scrutiny.
Tho discussion on tho subject was con
tinued by Mr. Thurman and others.
Spencer’s ease occupied the Souato the
entire day.
Washington, March 7.—The Senate
ratified the treaty with Mexico for the
eontinuanco of the Mexican Mixed Com
mission, for the adjustment of claims.
The action of the Mexican Government
is vet required.
The life-saving stations, tor which
SIOO,OOO wa i appropriated, will he eon
fined to the coast north of Cape Hatteras.
Meacham telegraphs the Secretary of tho
Interior that the mission to tho Mudocs is
a failure.
Nominations.— S. B. Packard, Marshal
of Louisiana; A. G. Mallory, Marshal of
the western district of Texas; A. M.
Hughes, Attorney of the middle district
of Texas; J. M. G. Packer, Surveyor of
Customs at New Orleans; orders Howell
and Terrs reappointed Southern Claims
Com missioners.
Senate. Newman was reappointed
chaplain of the Senate.
Spencer was sworn in as Senator from
Alabama.
West presented the credentials of Gen.
McMillen, elected Senator from Louisiana
by the McEnery Legislature, which were
ordered printed.
Executive session.
Washington, March B.—Members of
Congress have been excited over the extra
pay which they have voted themselves —
$5,000
Comptroller Taylor has filially decided
that there is no technical objection to
paying them.
Vice President Wilson has appointed
Samuel Hunt his private Secretary.
Nominations.—Mrs. M. E. Gill, Holly
Springs, Mississippi; Win. Mills, jr., Alex
andria; John O’Conner, Baton Rouge;
Chas. DeCuer, New Iberia, Louisiana;
Postmasters; A. J. Goss, Collector of Cus
toms, St. Augustine, Florida; W. 11.
Smy the, Marshal for Georgia ; Capt. J. N.
Glitz, Commodore
The Senate caucus agreed to consider
the Clayton, Caldwell, and Patterson cases.
The Louisiana contest came up in the
caucus, hut was, by unanimous consent,
passod over.
LOUISIANA.
New Orleans, March 6.—-There was
quite a fight between the militia and po
lice, with five minutes sharp musketry,
when the police unlimhei'ed cannon and
fired three shots down Chartres street.
The militia retreated, hut were being
strongly reinforced, when a staff officer
of General Emery appeared on the scene,
to whom the commander of tho militia
surrendered. Gen. Emery acted and the
Militia General, Wnggman, surrendered
in obedience to (lie following:
Washington, March 5.
IK. 11. Emory , Commanding:
The President directs you to prevent
any violent interference with the State
Government of Louisiana. Acknowledge
the receipt.
[Signed] W. T. Sherman, Gen’l.
One was killed and several wounded in
New Orleans.
It is understood that Gov. McEnery
disavows having ordered a demonstration
against the police.
New Orleans, March 7. —The follow
ing correspondence explains itself and
show that the mastery of the situation
rests with the Federal forces:
Executive Office, |
New Orleans, March 6, 1873. >
Major General Emory, Commanding
Department of the Gulf:
General —I have the honor to submit to
yon the inquiry, whether or not the ac
tion of the Metropoletan police force of
this city in the seizure of Odd Fellow’s
Hall this morning, and the armed pre
vention by said forces of the Assembly
of the Legislature of this State in the
State House meets with your countenance
and approval, and whether or not the
United States forces under your command
will support this armed occupation of
that building. I have the honor, General,
to remain, your most obedient servant.,
John McEnery,
Governor of Louisiana.
Headq’bs Department of the Gulf,)
New Orleans, March 6, 1873. )
To lion. John McEnery :
Sir : I have the honor to acknowledge
the receipt of your communication of this
date, in which you ask—(here follows the
contents of McEnery’x letter). In reply,
1 have nothing to say, except that the
seizure of said building by the Metropoli
tan Police was without my knowledge,
and made without conference witli me.
In regard to any expression of opinion
as to tho act, having no authority in the
promises, I must respectfully decline to
make any reply in answer to that part of
your letter which asks whether my com
mand will support this armed occupation
of that building.
I have tho honor to enclose to yon a
copy of a telegram, received last night,
from which you will see that it is made
my duty to prevent any violent interfer
ence with the St ate Government of Louis
iana. Previous instructions have direct
ed me to recognize tho Government
of the State of Louisiana to bo that
represented by the Hon. W. P. Kellogg.
It tho act referred to by you, in your let
ter, is the act of Governor Kellogg and
of the Government of tho State of Louis
iana, represented by him, and any vio
lence is used to interfere with this act, 1
shall most assuredly consider it my duty,
under my instructions, to use the whole
force of the United States, at my disposal,
to prevent such violent interference.
1 have the honor to he, sir, very re
spectfully, your ob’t sv’t,
W. H. Emory,
Col. Comd’g, Brevet Maj. General.
The telegram alluded to above is the
one received from General Sherman last
night, which was sent hence this morn
ing. About fifty of the militia who par
ticipated in last night’s affray' wero arrest
ed, charged with violating the act of Con
gress passed April 20th, 1871—section
of an act to enforce the provisions of the
Fourteenth Amendment to the Constitu
tion of the United States, and for other
purposes. [Volumes 17, United States
Statutes at Large. ] They were taken lie
fore a United States Commissioner and
released on SI,OOO hail eaeli.
Tho city is very quiet this evening, and
it is believed no further demonstration
will he made while United States troops
remain in charge.
Kellogg’s Metropolitan Police, armed
as infantry, have taken possession of tlm
Odd Fellows’ Hall, where tho McEnery
Legislature have heretofore met. Mr. J.
C. Moneure, Speaker of the House, anil
other members who were in the Hall at.
the time were taken to the First Precinct
Police St ation. About one hundred Me
tropolitans occupy Lafayette Square.—
There is considerable excitement, and a
large crowd is gathering about the Square
and Odd Fellows’ Hall.
CALIFORNIA.
San Francisco, March 6. — The terms
offered to tho Modocs are: First, to sur
render as prisoners of war to Gen. Canby,
and to receive full amnesty for the past ;
second, to be removed to Angel Island,
and there to be clothed, fed and sheltered
as soldiers are until a permanent home in
some warmer country may be found—-
perhaps Arizona; third, to be clothed, fed
and sheltered in their new home until
such time as they will be able to maintain
themselves, their women and children,
and to receive transportation to Angel
Island and thence to their new home;
fourth, General Canby is of opinion that
he can promise Captain Jack and some of
his head men permission to visit the
President.
NEW YORK.
New York, March s.—Chas. Betz,
builder of iron dads, is dead.
Riverside Hotel, Patterson, N. ,1.,
burned. -lay Cooke A Cos. have sustained
nil loss; tlio Bank of England appear;, to
ho tho only loser.
The defeat of the air-iine railroad lull
in tlm New Jersey Legislature yesterday
created great indignation, and there
were at one time fears of some .Senators
being lynched
Iloury M. Stanley reports liis agent
absconded with (ho procml:, of Sunday’s
lecture, noarly $80(1.
Saratoga, March s.—The Democrats
carried the Board of Supervisors. Last
year it was fourteen Republicans and six
Democrats. The Democrats carry’ Du
chess county.
New York, March 6.—Gen. Fremont,
who is at present in this city, lias pre
pared a defence in tho matter of the pro
ceedings in Paris concerning the Ll Paso
bond sales. He denies all knowledge of
fraudulent practices. The criminal ac
tion in France is against Fremont and
Messrs. Berlon, l’robst, Paradise,
Lissignal and Poppil, and the action
rests upon the forgery by Probst and
others of a certificate of the New York
Stock Exchange, whereby the bonds of
tho ivl Paso Company were admitted to
the Paris Bourse. ITobst’s proceedings
may be commenced against Freiuout in
this country.
New York, March 7.—At a meeting of
the Republican General Convention last
night, was passed, among other resolu
tions, one disapproving the conduct of
the Administration in Louisiana matters.
A dispatch from Charleston, S. C., says
a negro named Pippeu had been arrested
for having, on Saturday last, beaten his
wife to death and then, by means of
kerosene, burned the body in a shocking
manner.
New York, March 8. —George William
Curtis is seriously ill of typhoid fever.
At a meeting, held last evening, of a
large number of Southern gentlemen, in
cluding the most, prominent business men
residing here, ex-Govcrnor Lublock and
Col. Hart, of Texas, and Col. Hart, ol
Georgia, delivered addresses. The object
of the meeting was to form a Southern
Association for social, benevolent and
other purposes, which should include all
gentlemen connected with Southern trade.
New York, March B.—Allen J. Jones,
late clerk of the Southern Bank of Geor
gia at Savannah, came to this city with
fraudulent drafts for $32,500, which
were endorsed by Kissim A Cos. He drew
the money from the Park Bank of this
city, with which the Southern Bank of
Georgia are depositors. The fraud was
discovered to-day. Jones has absconded.
OHIO.
Steubenville, March s.—Ned O’Bald
win, tho Irish giant, and a party of roughs
arrived here last night from West Vir
ginia, where a prize fight has been going
on. After visiting our drinking saloons,
attacked an Irishman, who caused the
giant’s arrest. His fines amount to $54,
and he will remain in the calaboose ten
days at the expense of the county.
Cincinnati, March s.—The steamer
Palastino sunk by collision with Danville
bridge over the Tennessee.
MASSACHUSETTS.
Boston, March 6. —The Government
and Corporation Directors of the Union
Pacific railroad are in session to-day.
They have re-elected Horace F. Clark as
President and John Duff as Vice-Presi
dent. They w ill not adjourn before night.
PENNSYLVANIA.
Harisisp.tjrg, March 6. —In the Evans
case, verdict for $120,000 in favor of the
Government. None of the charges of
fraud were sustained.
Philadelphia, March 8. —Capt. Timo
thy, aged 70, surveyor for the Board of
Underwriters, fell dead in the Tenth Bap
tist Church, last evening, at the conclu
sion of tho services.
MARYLAND.
Salisbury, March B.—George Hall,
aged eighteen, shot Amelia S pack ley dead
while she was coming home from school.
He had w ritten her a letter w hich she
failed to answer.
GEORGIA.
Savannah, March 5. —Allen G. Jones,
the missing hoolc-keeper of Ihe Southern
Bank of Georgia, is defaulter to $3(1,000.
NEW JERSEY.
Blossom huro, March 6.—The Eagle Ho
tel and thirty business houses are burned.
Loss, $100,(too.
Tho New Lien Law of Georgia.
AN ACT
To regulate the Law of Liens in the State
of Georgia:
Section 6. lie it further enacted, That
factors, merchants, landlords, dealers in
fertilizers, and all other persons furnish
ing supplies, money, farming utensils, or
other articles of necessity to make crops,
and also, all persons furnishing clothing
and medicines, supplies or provisions for
the support of families, or medical service,
tuition or school hooks, shall have the
same right to secure themselves from the
crop of the year in which said things are
done or furnished, as is now given by
law, under the act of 1865-6, to factors,
with the following conditions: All of the
liens provided for in this section, must he
created by special contract ill writing,
and every person giving a lien under this
section, having previously given a lien or
liens under it,, or any other lien, shall,
when given anew lien under this section,
on the same properly to another person,
inform such poison, it interrogated as to
the facts, of the umouiiL of such lieu or
liens, and to whom given; and such per
son giving false information as to the fact
aforesaid, shall he guilty of the same of
fense as that of persons fraudulently
ruakiug a second deed, under section 4,-
511 of the Code and punished as herein
prescribed ; and the liens created under
this section are hereby declared to be su
perior in rank to other liens, except liens
for taxes, the general and special liens of
laborers, and the special liens to land
lords, to which they shall be inferior, and
shall, as between themselves and other
liens not herein excepted, rank according
to date, and shall only exist as liens on
the crop of the year in which they wore
made.
Approved, February 24tli, 1878.
The Atlanta Constitution has these
among its Washington specials of the 6tli:
THE MACON POSTOFFIOE.
Messrs. R. H. Wbiteley, Henry P. Far
row, Andrew Sloan, J. (J. Freeman, and
E. A. Belcher called upon Postmaster Gen
oral Oreswell to-day. The object of tin
visit was to urge upon the Department the
necessity for the removal of E. Bond, Esq.,
from his present position as Postmaster at
Macon, Georgia, and b> appoint the afore
said E. A. Belcher in his place. Mr. Cress
well, however, would have nothing at all
to do with the matter, and referred them
to President Grant.
bond’s ALLY AND HIS ARGUMENT.
Jeff Long, who supports Bond, is also
here. He saw the President later in the
day in Bond’s behalf, and was assured by
Grant that, no removal would he made in
that district, except for cause. Jeff will
cull upon the President again to-morrow,
and argue that, since Farrow and Belcher
both hold official position in Georgia, tin y
sliould not. he here lobbying for offices for
their friends.
NEW GOODS
AT
• ‘ Til E VI ll GINJ A S 71> It E/ ’
We invite the attention of Counts)
Merchants and the Retail Trade to our
large receipts of
Domestic and other Seasonable Goods.
which have been purchased in large qiiau
titles on the best terms, and will be sold
at. small pnfits. For instance :
Bleached Cottons, Sheetings, Pil
low Casing, Bed Tickings, Ac.
500 Doz. Best Spool Cotton, at 80
Cents per dozen at retail.
To make room for the Spring Trade,
wo are offering great bargains in
Dress Goods, Hosiery, Gloves,
Hdkfx., White Hoods, Ac., Ac.,
many of them at Less than cost.
A large lot of Kid Gloves at 75 cents
to $ 1 25, to close out.
Ladies should not overlook this oppor
tunity to buy gloves.
Also, Cloaks, Shawls, Furs, Cassi
meuks and Gentlemen’s Furnishing
Goods, cheap.
Superior Make of Shirts and Merino
Underwear, at low prices.
jal'O dAw ORIGLER A GORDON.
GO TO J. S. JONES’
AND GET A
PAIR OF MAGIC GARTERS.
mh2
Major Josiah Everitte, a well-known
and popular citizen of Thomas county,
died last week. He hail frequently rep
resented the county in tho Legislature,
and was one of the most successful plan"
ters in that section.
In Forsyth county on March Ist, Mr.
Bone killed Mr. Burton with a knife.