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G-EORGIA JOURNAL & MESSENG-ER.
Established 1820.
MACON, TUESDAY, MAY 23, 1871.
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To Oliver I*. Morton, United States
Senator from Indiana.
item the Indianapolis Sentinel ]
<-jJv Lord,” said Junius, “I will not call you
a villain, I will prove you to be one.” In your
late speech nt Indianapolis, in the presence of
tka President of tho United States and a large
(unconrse of tho first citizens of the great State
of which you are a Senator, you pronounce a
fearful verdict against the people of tho South.
If what you aecnse them be true, they deserve
ike fate that tho most radical politician of New
England could pronounce against them. But if
rour impeachment is a libel, that wrath should
rcbonnil upon you.
Ia that indictment you say that we have not
accepted tho issues of the war—that had wo tho
i.insof the government we would quickly de
prive tho negro of his civil and political rights
—in n word, that be would be remitted back to
fiavery. Wo could pass by these falsehoods ut
tered in tho zeal of partisan spirit, but this is
r.ot a 1 .!; yon accuse us of being an organized
bead of assassins in that wo have midnight as-
>eiiations for the purpose of doing murder—
;int we Rally forth from these darkened dens in
mask, aud, stealthily creeping upon unsuspect-
ise, innocent victims, cowardly take their lives.
In regard to your first charge we have this to
reply, that the only thing we deny the negro is
social equality. You and your allies, the New
England Puritans, have not yet succeeded in
Caching r.s that the negro is the equal of the
Caucasian. Hence, we deny Lim our parlors,
we refuse to allow him to escort our daughters,
vs deny him our hotels, and wo deny him the
light to occupy the same beribs upon our steam
boats and railways. Like the Bed Republicans
if Paris you would abolish all social distinctions
between tho black and white races of the South,
between convicts, jail birds and gentlemen, but
when it comes to applying your theories to the
people of Indiana, oh! tfcen it is a different
question!
But we have no quarrel to raise with any
white man who thinks a negro is his equal. He
is generally right. We havo many such among
as who scandalize tho black race. When a
white man descends to tho level of a negro, he
soon raises bis contempt, is most heartily de
spised and quickly mistrusted. In this the ne
gro is right, for no one knows his inferiority,
both in morals and intellect, better than tho
black race. And when ho sees a white man
stray from his race and take up with him, he
full well knows that he has either been spnracd
by bis own color, or that he has some sinister
design. Bat I know of scarcely any one here
who wonld revoke tho rights forced upon the
darkey by the fifteenth amendment. It is
true, very true, that that amendment was a re
vengeful measure, gotten up by your party for
the purpose of punishing my people for tho sin
cf rebellion. As the religious fanatics expelled
the Moors from Spain, so you wonld destroy the
Huguenots of the South. You could-not force
them to leave the country, but you did the next
best thing—you tried to drag them down to a
level with the African. As yet your experiment
Las been a miserable failure. You know tbo
old adage: “One man can lead a horse to water
—forty can not mako him drink.” And suppose
ron did see the grand old families of the South
humiliated to tho fullest extent you could wish,
what benefit would that bo to you ? In what re
spect would that add to the glory and prosperity
of that country, of which your friends say you
are one of the leading statesmen ? My idea of
a statesman is one who rises high above the sec
tional partisan and, standing in bis place in tbo
Senate, wishes every inch of his country great,
happy, free and prosperous. You cannot do
this, or at least you do not. So intense is your
zeal for the Black Republican party you employ
the language of the demagogue in yourspeeches,
and utter falsehoods against one section of your
country; for when you accuse us of being mid
night assassins, when you say wo would repu
diate the national debt, and when you say we
would remand the negro back to slavery, you
utter a libel.
Assassination is the worst form of cowardice.
In ell the bitter things said against the people
of the South, I never yet heard them accused of
this. The world knows and you know them to
he an open, frank and generous people. They
fought yon in tho late war with a courage un
paralleled in tho history of wars, and when you
overpowered and oonquered them their frank
ness shone forth in a due acknowledgment of
tho situation, and then yonr meanness cropped
out both at home and the halls of Congress in
suspecting them of treaoheryto their paroles.
You will not trust the really great men of the
South because you are afraid to meet them in
debate. There is where the real cowardice lies.
But you have employed all the powers of the
government—the judiciary, the executive and
the legislative—to mako theso statesmen aliens
in their own land, and to foist upon their peo
ple local governments and representatives
ppowed from tho very dreg3 of society. Under
your guidance and patronage convicts and
slaves have sprang up and insolently assumed
dictation over us, and gone to Washington and
occupied the seats of S. S. Prentiss and John
A. Quitman.
I know of no seoret political organization in
the South except the Loyal League. It is ex
clusively in the interest of the Republican party.
It invariably bolds its meetings at night; has a
watch-word for the door; has sentinels placed
around the lodge rooms; bind all its members
by solemn oaths; has signs of recognition in the
open air, and exercises perfect terror over its
members and nse3 extraordinary means to terri
fy the black race into the support of such men
and measures as are pnt forth in these secret con
claves. This organization is as well known in
the South as are the Masons and Odd Fellows,
the Methodists and the Presbyterians.
And here I wish to make a statement of fact:
There is not now nor ever has been a Kn-klux
band or lodge or association or body of men al
lied together, for the purposes imputed to that
infamous crew, in the State of .Georgia. I defy
you and all the powers of your'party, and of the
world, to refute this statement. No, sir, it is
not in the nature of the Sonthron to vindicate
his principles by such cowardly means. No one
knows better than yourself that the South voted
down the Know Nothing party, and one of the
chief objections to it was that it was a secret
conclave. It was rejected upon this ground, as
much as any other. But I believe members of
Tour party sometimes dress in mask at various
Points in the Southern States and murder
prominent members thereof for the purpose of
keeping up the. war upon the country. This
hatred of the Sonth is abont the only platform
left for yon to' stand upon. Take that from
hhder and you would fall and the Government
would pass into the bands of tho Democratic
party. These masked bands are dressed in and
r-t forth from the lodges of the Loyal Leagues.
i-A even these instances of outrage are very
and wonld excitelittle or no attention were
your party not in such desperate straits.
But do you intend to forever keep up this un
natural and cruel persecution of the South ? It
has now lasted fifty-five years. The answer
haturally is yes, so long as political capital can
be made out of it—so long as it is necessary to
Jb* Republican party in power. Grant
called yon at Gettysburg “the first orator in
Volume LXIV—No: 47
America.” Wore I so gifted I wonld not em-
ploy my talents to Blander and traduce mv poor
fellow-creatures, but rising to the full grandeur
ana glory of an American statesman, I would
smile upon all sections of my country. And if,
11a 1 ^ __ _ _ _ _ . - — *
DEATH OF THE KING OF PAIN.
A Wonderful Qnnck—ills Career-Graphic
Sketeb.
“m. asr gS»f"M|“ih "ixtsj
-a— wmJS.ifiS.ngs
correspondent of the New York Evening Leader.
Ho was a tall, graceful young fellow, with much
hair and an unmistakable appearanco of quack :
ery in his looks and actions; but he made
money very fast. Hi3 “King of Pain,” as his
worthless stuff was labeled, was warranted to
cure anything, from toothache to consumption.
He went about with it in an exaggerated wagon
and with an accompaniment of music, scatter-
ing his small bills with much looseness and
harranguing the crowds which curiously follow
ed him. He wa3 known, the correspondent
tells us, from tho coast of Maino to the Pacifie,
from the 6t. Lawrc-cco to the Rio Grande. He
got along excellently as long as he attended to
his legitimate, or rather illegitimate business;
bnt finally he acquired a passion for gambling.
He was lucky with his first ventures, which
were made in Indianapolis, and this turned his
head, so that, at times, he would abandon his
business altogether and remain at the faro table
day and night. "We quote from the account:
On ono occasion ho began a gambling excur
sion in Chicago, then came on here. In both
places he was fortunate, and followed np his
luck in Louisville and Cincinnati. His wagon
and six followed him wherever he went, but he
gave hardly any attention to that business. In
the two cities wo have mentioned he still went
on pursuing his lack, which parsned him. When
he went on a Mississippi steamboat to proceed
to New Orleans he had some §30,000 in his
pocket, which he increased sailing down the
river. Ho arrived in New Orleans, where he
again backed the tiger, but here his luck seemed
to desert him. He played his money and grad
ually lo3t it. After his'money was gone to the
last cent he played his watch and jewels, of
which he had a great number, and lost them.
After that he borrowed as much money as he
could possibly get together and played that, and
again lost until he was “laid perfectly flat.”
For some time he wandered abont tho Crescent
City, living from hand to mouth. Then he
made a little stake, and, apprehensive of losing
that took a berth in a steamship to New York.
"There he opened some place on Broadway,
where he made another pile of money. He be
gan patronizing the green table again, and bis
luck turned to him. It was there that one day
I saw him give a poor girl with whom he be
came casually acquainted a roll of bills amounting
to §3700, upon condition that she leave the city
and turn to a virtuous course of life. I was
present at the time, and remonstrated with him
on his rather extravagant piece of generosity.
He answered, ‘I won it in four nights at faro,
and if I can do a worthy deed with the Infernal
money why shouldn’t I ? I’il make up for it in
deviltry before another week passes.” And so
did he. He was a habitual lounger in houses of
ill-fame, where he would spond hundreds of
dollars in a night. Then ho would go to play
ing again, and perhaps some drinking bout the
next day, and in all this turmoil and excitement
found time for business. At length business
grew dull in New York, and he determined to
start once more on his travels in his wagon and
six. In this way he again found his way to this
city, wheto he was suddenly prostrated by his
life of excitement. Only three days ago he took
to his bed, never to rise from it again. Reck
less, immoral, an empiric, a gambler, a roue,
but with a kind heart, he lingered on the verge
of death, and last night quietly passed away.
The cause of his death is supposed to be some
affection of the longs.
Financially, the career of this man was an
entire success; yet he was one of the most
transparent rogues that ever gulled a confiding
public. He boasted pnblicly that ho was a
humbug; but his wagon was surrounded con
tinually, often by those who had heard the
boast, and after a little mnsio and a speech they
would buy eagerly. The fact ia not a pleasant
one; and we suppose this mention of it will be
more of an advertisement than anything else for
the fellow that takes the great Christian’s place.
Didn’t See Any Eat.
From tho Cincinnati Times and Chronicle,]
A story which we believe has never been in
print before, nnd which is worth the hearing,
comes to us through private sources, concerning
Elliot, the well known portrait painter of New
York, lately deceased. Elliot, like many other
erratic children of genius, had perennial attacks
of what they term spreeing, now-a-days. At
such times ho would go over to Brooklyn, and
be invisible for a week or two, coming back the
ghost of his former self, unnerved and exhaust
ed. Upon one occasion, after his return from
such a jaunt, several of his friends determined,
if possible, to put a stop to this procedure, and
so went down to his studio, carrying in a pocket
a big rat,* for purposes which will be seen.
Elliot sat painting lazily, returning to his work
after ho had courteously greeted his visi
tors. They took him to task roundly for
his dissipation, declaring that his health
was utterly ruined, and that another such turn
wonld drive him into “snakes,” otherwise called
delirium tremens. They pressed the topic,
when finally ho rose In a passion, and as he did
so the rat was slipped loose, and went flying
among the half finished pictures. Elliot gave
chase with a cane, calling loudly for assistance,
knowing that if uncaught the animal would
work mischief with his canvas. Not hearing
the others move, he looked round with astonish
ment, and shuddered visibly as he saw them
looking at him with faces full of sadness and
.pity. They tried to get him to sit down, saying
that he’d “get over it pretty soon,” but heshook
them off and went silently back to his painting.
After a few touches he stopped and turned
round, with an attempt to. laugh that was inex
pressibly painful, and broke out: “That’s a
d—d good joko oayoufcllows. I didn't seeany
rat.”
bowed down with woo and sorrow,
ravaged and devastated by the cruel hand of
war, with its men dead and in their graves, its
women widows and its children orphans, instead
of trying to still farther crash it by the vast
power of tho government, and exerting all my
intellect to make a great party hate it the more,
I would say, Peace and prosperity be with you,
my children! I would tell my colleagues in
Congress, let us bestow our appropriations upon
these unfortunate people; let us help them
more than the others, because they are afflicted
and need our aid. -
I judge, though, from your speeches that you
are void of ono single generons .impulse. And
I doubt if yon ever voted, for a single measure
to help the South disconnected with partisan
purposes. Bnt you should remember that the
blessings of government, like the dews of Heav
en, should descend equally upon all.
You profess to be a great friend and lover of
the American Union; yet, in reality, yon axe
ah active secessionist, in that yon are planting
the seeds of discord which in years to come, if
cultivated and .fostered'by men who will come
after you, will lead to dissolution. The time is
rapidly approaching when our country will con
tain a population of five hundred million. It
wonld take no prophet to tell you that the South
will in that day bo numerically stronger. Sup
pose this hatred yon are fomenting continues to
rankle until then, what will bo the result ? As
the Abolitionists of New England first sowed the
seeds which cropped ont in our late war, so are
you sowing tho wind to-day for the future to
reap the whirlwind. But having implicit faith
in the intelligence, the virtue and honor of the
American people, I believe they will hesitate
long before'the teachings of such demagogues
as you ara will lapse into convictions. The
libels which you utter against the people of my
portion of the Union may serve to once more
elevate yonr party into power, but truth will
soonor or later penetrate tho North; and when
it does, when your people learn, as they will in
God’s own good time, the actual hearts of the
people of the Sonth, then will you slink away
as does the convicted felon. Yon live upon
this excitement now. It is all the wealth you
possess. Take that away and you die. But—
Is there no choson cureo, some secret thunder
hidden in tho stars of heaven
To smite the wrotcli who owes his greatness to bia
country's ruin ?”
To the people you represent I would say we
deny the truth of the charges you make against
us. Our sole object in attempting to secede
from the Union was to save our property in
slaves.* That is totally obsolete now. Seces
sion is no longer in our present or future dreams.
No one here wishes to repudiate the national
debt, whilst the thought of incorporating that
of the Confederacy into it, or getting pay for
emancipated slaves, has never even been sug
gested. Either would be voted down in any
State engaged ia the rebellion. Put tho ques
tion of reducing the negro again into slavery to
this people themselves, and it would receive an
almost unanimous defeat. Now that they are
free and we are rapidly recovering from the in
calculable amount of money lost on them, wo
are glad of it. Sure before tho war there were
thousands of men here, as in your State, who
heartily regretted that a single negro had ever
been landed upon the shores of the United
States. Wo wish we had some ether species of
labor now, and that they were all back in their
native country; not that we dislike him, but
because he is the direful source from which all
our troubles spring. Were he gone, you could
have no more causo of quarrel with us tliau you
have with the citizens of Illinois. Bnt we are
fearful that so long as he remains among ns the
hydra-headed monster, Discord, will continue
to rend asnnder that peace and harmony which
should exist between you and us. Tho professed
affection of the Radical party for the negro is
as hollow as hell. Doe3 Senator Morton invito
Dandy Jim and Dinah Crow to dine with him?
Does he share bi3 room with him at a crowded
hotel? No, sir, his love’for the darkey reaches
just as far as his vote, and no farther. The black
man is fast finding this out, and at the last elec
tion in Georgia fifteen thousand of them voted
the Democratic ticket.
You should receive the stories of Ku-KIux out
rages put forth by the Republican press with
many misgivings. In ninety-five out of every
hundred cases they are sheer fabrication. Mur
der is committed here as in Indiana, and the
malice behind each is similar.- Where Ku-klux
outrages are actually committed they are gener
ally by Loyal Leagues and details sent down
here from the North to keep this interminable
strife at fever heat No respectable citizen ever
has anything whatever to do with them.
I can say to the people of Indiana, there is
nothing we crave moro than to bo at peace with
you and the rest of tho world. But this end
will never be attained so long as your Senator
and Ms press maligns, falsifies and traduces us.
He knows the injustice inflicted, but knows
that it is necessary for the success of Ms candi
date in the coming Presidential campaign;
You are too intelligent to permit tho transpa
rent hnmbng to forever govern you. I wonld
say to that Senator that the great body of men
do not bear malico all their fives. They forgive
one another.
- But, fellow-citizens, let U3 stop this eternal
strife. Let ns drop theso bitter words and di
rect our energies to the developement of our
common country. Havo wo nothing worthy of
attention save the filthy negro ? To an outsider
it would seem not. Two-tMrds of the time of
each Congress that has. assembled for the past
thirty years has been frittered away upon tho
African. It is time the Congo should go down
and tho white man come up to tho surface. In
common with yourselves we are sick and dis
gusted with tho subject.
Citizens of Indiana! knowing yon to be sons
of Kentucky and of Tennessee, grandsons of
Virginia and North Carolina, I do not believe
that bigoted, Puritan New England will forever
gangrene you with hatred for the South. We
ought to be friends, we should never have
fought each other. Like yon, we are made to
toil and pay tribute to the button and shoe-peg
factories of Massachusetts, and are forced to live
under laws dictated by her great representative
man, the tMef and scoundrel, Beast Bntler. Let
us talk no more of secession and rebellion, but
remember our late war as men who met each
other on the bloody fields of Donaldson and
CMcamauga, and there illustrated our manhood.
Bnt let ns no w show each other a still higher and
a still nobler trait of human nature—that after
the echoes of the guns of battle have died away
along the hills and along the shore, we can
shake hands as friends. Believe us rather than
that infamous crew who never saw the smoke
of battle, but are now guilty of the ignoble ef
fort of keeping np the animosities between us.
H. C. Stephenson.
Macon, Ga., May 5, 1871.
*By emancipation, Georgia lost §415,668,830.
Virginia, §180,000,000; North Carolina, §160,-
000,000; Sonth Carolina, §326,000,000; Flori
da, §36,000,000; Mississippi, §355,000,000;
Kentucky, §104,000,000; Tennessee, §69,000,-
000, and Louisiana, §185,000,000. Most anybody
would fight before giving tip that amount of
property.
A new discovery has lately been made in tho
valne and properties of a shale found in abund
ance in certain .parts of Colorado and Wyom
ing. Upod experiment it was found that half a
pint of petroleum was contained in a pound of
the shale. Gas also of a superior quality was
generated from it. It ia thought that this dis
covery may lead to its general use for gas and
other purposes.
In tho town of Gloucester there are over
thirty widows and sixty children left almost en
tirely destitute by the loss of a hundred lives
at sea since last January, besides a much larger
number left by previous disasters. The busi
ness men of Gloucester are doing what they
Mu, but they need assistance in providing for
the widowed and the fatherless.
Tus At.iham* and Chattanooga Baileoad.—
The Nashville papers, of Sunday, print the fol
lowing dispatch:
Chattanooga, May 12.—Another meeting of
the creditors of the Alabama anfi Chattanooga
Railroad was held last night. The committee
reported that the best that could be done was
to take a dollar in stock and a dollar in bonds
for each dollar of indebtedness, and so retire
all the floating debt in this country, and thus
enable Superintendent Stanton to pay off the
parties pressing the road into bankruptcy. A
large amount of stock and bonds were sub
scribed in this way to-day. A petition was also
circulated and signed by the representatives of
half a million of the floating debt, requesting
the dismissal of the suit in bankruptcy. The
heavy rains of the week past will delay the
completion of the road until the middle of
June. '
At an examination of a Princeton class in
theology by Dr. Hodge, the Professor said:
“Tell ua what we think heretobea correct view
of the atonement.” “Onr doctrine,” replied
the student, “is that Christ had a specific end
in view in making an atonement^ and that he
died only for the elect” “Well, what do they
teach on this point at New Haven?” “Oh, Dr.
Taylor holds quite a different view. He teaches
that God so loved the whole world that He gave
His only begotten Son, that whosoever believeth
in Him should not perish but have everlasting
life!” It has never been decided wMch was
the greater, the consternation of Dr. Hodge at
such an unfortunate answer, or the amusement
of Dr. Taylor when the story reached Ms ear.
Hong Kong affords a singular instance of the
cariosities of taxation. One hundred and fifty
thousand dollars a year is derived from a tax
of 7 per cent, on moneys won at the licensed
gaming tables. They have a daily average
there of 14,631 players, or one tc every eight of
the entire population.
He took her fancy when he etune; he took her
hand, be took a kiss, he took no notice of
the shame that glowed her happy oheok at this.
He took to coming afternoons; he took an oath
he’d ne’er deceive; he took her father’s silver
poons, and after that he took his leave.
An April Violet.
Under the Larch, with its tassels Wot,
While the early sunbeams lingered yet,
In tho rosy dawn my lovo I met.
Under the Larch, when the sun was Eet,
He came with an Ap-il violet;
Forty years—and I havo it yet.
Out of life with its fond regret.
What have love and memory yet ?
Only an April violet.
Decisions of flio Supreme Court of
Georgia.
DEUVEBED AT ATLANTA, TUESDAY, HAY 9, 1871.
From the Constitution.
Wm. A. Hatcher vs. Milly Cutts. Habeas
corpus, from Calhoun.
McOaYj J.—Where two minor children were
bound as apprentices by tho Ordinary of Cal
houn county, and the order stated that it wa3
made upon the written consent of the parent,
and on a habeas corpus by the parent, there
was evidence stroqgly indicating that the parent
had been imposed upon and did not understand
the purport of the writing, and the judge award
ed the eMldren < o tho parent:
Held, That this was no abose of the discre
lion of tho court.
Judgment affirmed.
Vason & Davis, by R. H. Clark, for plaintiff
in error.
LyoD, deGraffenreid & Irvin, by Z. D. Har
rison, for defendant.
Y. N. Childers vs. N. P. Brinson, trustee.
Ejectment, from Dougherty.
Wabneb, J.—Where an action of ejectment
was instituted in the name of a trustee of a
married woman against the defendant, to re
cover the possession of a tract of land, the title
to which was claimed under a marriage settle
ment deed, the demise in the declaration was
alleged to have been made by the lessor of the
plaintiff in the name of the trustee of Malvina
Adams, a feme court, and daring the pendency
of the suit the husband of the feme court died,
and on the trial of the case the court allowed
the declaration, on motion of plaintiff’s counsel,
to be amended by striking out the name of the
trustee, so’ as to leave demise in the name of
Malvina Adams as the plaintiff’s lesse:
Held, That under the provisions of tho Code
there was no error in the court in allowing the
amendment, inasmuch as on tho death of the
husband tbo legal and equitable title to the land
was in the widow, and that she could recover in
her own name by showing title to tho land in
herself as the plaintiff’s lessor.
It is also shown by tho evidence in the record
that on tho 26th of Juno 1848, that Bennett
Adams ana Malvina Brinson executed an ante
nuptial contract or marriage settlement, by
wMch all tho property she then had, or might
thereafter have, should be ber separate estate
and property, the legal title of wMch was vested
in a trustee for the joint use and benefit of her
self and husband during her coverture, with
power to sell and dispose of the property in any
way she might think fit in as ample a manner as
if she was a feme sole, such disposition of said
properly by her shall bo the written conveyance
or other title papers that maybe executed by
the trustee named in the deed, with the consent
of tho said Malvina Brinson, written and signed
by her upon said conveyance, or other evidence
of title of the said named trustee. TMs mar
riage settlement was not recorded until the 8th
of January, 1857. On tho 12th of January,
1857, tho trustee named in the marriage settle
ment, conveyed tho tract of land in dispute to
Mrs. Malvina Adams, tho legal effect of wMch
was to vest the title in her husband by virtue of
his marital rights; provided, the conveyance
had been made by the trustee in pursuance of
the terms of the marriage contract, but the
written consent'of Mrs. Adams upon that deed
of conveyance, does not appear as required by
the marriage settlement. OnthelSthof January,
1857, Adams and his wife conveyed the land in
dispute to McBryde. Tho evidence in tho record
shows, that she was coerced to join in the deed
by the threats of her husband. The land was
sold at sheriff’s sale, as the property of MoBryde,
and purchased by McGuire, who sold it to the
defendant Tho evidence in the record shows
that tMs tract of land was a part of the property
which Mrs. Adams received from her father’s
estate, and was, therefore, a part of the prop
erty embraced in tho marriage settlement.
Held, That the ’ ed from tho trustee, Ryals
to Mrs. Adams, not having been executed in ac
cordance with the terms and manner prescribed
in tho marriage, settlement, did not convey any
title to her, er to her husband, to the land in
dispute, and they, not having any title under
that deed, conveyed none to JffcBryde, that
Mrs. Adams (tho coercion of her husband being
out of the question) did not convey the land in
accordance with tho mode prescribed in the
marriage settlement, so as to defeat ber right
and title to tho land secured to her by its terms
nnd provisions. All tho parties claiming to
havo purchased tho land, under MoBryde’s
tide, did so, after tho marriage settlement was
recorded, and in any view that wo have been
enabled to take of this case, from the evidence
in the record, the verdict of the jury was right,
under the law applicable thereto, and we will
not disturb it for any of the alleged errors com
plained of by the defendant
Judgment affirmed.
Vason & Davis, by E. H. Clark, for plaintiff
in error.
Btrozier & Smith, for plaintiff in error.
Jesso Robenson ot al. vs. Covington Dumas,
administrator. Motion to set aside fl. fa., from
Calhoun.
Wabneb, J.—A case was tried on the equity
side of the court in tho year 1857, and the jury
returned a verdict for a specifio sum of money
in favor of the complainant, against the de
fendant and the complainant’s attorneys entered
up a judgment thereon, reciting that the jury
had returned n decree, etc., setting forth the
substance thereof, which was signed by the
presiding judge as chancellor. In September,
1870, a motion was mado to set aside that judg
ment, or decree, on the ground that it was not
a valid judgment or decree of a court of equity,
inasmuch as it was not signed by .the presiding
judge as chancellor, as required by the 4153
section of the Code, wMch motion was amended
and the movant excepted:
Held, That the jurisdiction for the trial of
equity causes in this State was' vested in the
Superior oonrt,.in wMch this judgment or de
cree was rendered, andthatthiswasa judgment
or decree of that court, and having been ren
dered prior to the adoption of tho Code, under
the general rale of practiee that prevailed in
most of the courts of the State at that time,
ought hot now to be set. aside on the ground
that it was not signed by the Chancellor, even
if under the Constitution and laws of this State
vesting the jurisdiction, and regulating the tri
als of equity causes, the decree rendered on the
verdict of a jury is now required to be signed
by the Chancellor, in order to constitute it a
valid decree. The Code is certainly directory
In regard to that matter, and should be followed
in all cases tried since its adoption, but when
it is signed as required by the Code, is it the
judgment or decree of the Chancellor, or is it
the judgment or decree of the Superior Court ?
Held, also, That when a plaintiff in error
gives bond and security to obtain a supersedeas
of tho judgment, as provided by the 4,203
tion of the Code for the payment of the -rontual
condemnation money, and the judgment is af
firmed, the plaintiff in the below may
have an execution against me principal and se
curity on the superset*** bond without formally
entering up the lodgment against such security;
the judgment »» affirmance binds him as suoh
security t Jt 1116 eventual condemnation money
in th«t case—though an order on the minutes
of tne court to that effect, would make the re
cord more perfect and complete:
Held, further, Tnat under the facts contained
in this record, the judgment, or decree on which
the exeoution issued, was not dormant.
Judgment affirmed.
B. S. Worrill, E. S. Douglass, O. B. Wootten,
by S. B. Spencer, for plaintiff in error.
Vason & Davis, R. F. Lyon, Hood A Kiddoo,
for defendant.
F. K. Wright vs. Martha McBride. Motion
to arrest judgment, from Dougherty.
Wakxeb, J.—There was no defense to an
action on a promissory note, and judgment was
rendered thereoD, and a motion was made nt
the same term of ihe court to set it a'side, on
tho ground that it was not signed by the plain
tiff’s attorney, hnt by the Judge as provided by
the 38th rule of the court, that the plaintiff was
not stated in the judgment as “administratrix,”
and because the judgment did not recite the
fact that • Wright was security.” Tho oouit
overruled the motion and allowed the judgment
to be amended so as to fnsert the word “admin
istratrix” as to the plaintiff, and the word “se
curity” as to the defendant, Wright:
Held, There was no error in overruling the
motion to set aside the judgment and allowing
the same to be amended:
Held, further, That there was no error in the
refusal of the court to allow tho judgment to be
opened so as to enable the defendant Wright to
file his plea to the original suit, on the state
ment of facts contained in the record.
Judgment affirmed.
Lyon, DeGraffenreid & Irvin, for plaintiff in
error.
Hines & Hobbs, for defendant.
G. W. Avera, Sheriff, vs. W. J. Vason. Rulo
from Calhoun.
Wadnee, J.—In tMs caso there being no ap
pearance for the plaintiff in error, the defendant
moved the court to open the record and prayed
for an affirmance of the judgment of the court
below, with damages for delay:
Held, That the defendant was entitled to an
affirmance of tho judgment on the statement of
facts contained in the record, and that damages
be awarded as provided by the 4,221st section,
of the Code for delay in bringing tho case up to
this court.
Judgment affirmed.
No appearanco for plaintiff in error.
Vason & Davis, by E. H. Clark, for defend
ant.
B. A. Collier et. al. vs. Herring & Mack. In
junction, from Dougherty.
Wabneb, J.—A bill praying for an injunction
was presented to the Judge for Ms sanction, and
a rulo nisi was granted calling upon the defen
dants to show cause on the day therein named,
why the injunction should not be granted, which
wa3 duly served on tho defendants, bnt they
failed to appear and show cause on tho day
named by the Judge, and afterwards the Judge
granted the injunction. Whereupon tho de
fendants, by their counsel, petitioned the Judge
to suspend his order granting the injunction,
wMch was refused and the defendants excopfed-:
Beld, That there was no error in the refusal
of tllO Judge to grant the petition tu miap~©*i<3 »
Ms order granting the injunction on the state
ment of facts contained in tho record; that their
remedy was to move a dissolution of th9 injunc
tion in tho manner prescribed by law in such
cases if they desired to get rid of it.
Judgment affirmed.
Vason & Davis, by R. H. Clark, for plaintiff
in error.
D. H. Pope, by Z. D. Harrison, for defendant.
THE NORTHERN KU-KLUX.
BESPEBATE ATTEMPT TO THBOW AN •ptvtt. T2AIN
OFF THE TEACH.
New Yobk, May 9.
An attempt was made on Sunday Eight, April
30, to throw a train off tho track on the Erie
Railroad. A watchman, in attempting to re
move the obstructions, was driven off by a
shower of stones from tho side of the road.
Tho train contained the Directors’ car, upon
which were Gould and Fisk and several Divis
ion Superintendents on their way to the city, to
assist in arranging the new time table. No clue
to tho perpetrators has yet been obtained.
ihneb’s wives assault labobebs—a pitched
BATTLE—SEVEBAL KILLED AND WOUNDED.
Sobanton, May 9.—A riot occurred at Hyde best of the change, thu3 leaving only a few over
Park to-day. Tho laborers and miners who tho usual number of emigrants to seek a home
Foreign Holes.
(PBEPABED FOB THE TELEGBAPH AND HE3SENGEB.)
The empire of the Commune is rapidly draw
ing to a close. Though the insurgents display
considerable valor, they must give way to the
superior number and discipline of the Versailles
troops. As a man on tho verge of rain is apt
to become reckless, the Communists are grow
ing desperate in'their hour of agony; and there
being nearly twenty thousand criminals in the
ranks of the insurgents, the death-struggle may
prove a fearful one. All friends of order are
dreading the propagation of the socialistic prin
ciples advocated by tho Commune, and the au
thorities in Rouen have earnestly requested tho
German officer commanding there to increase
the German garrison and to prolong tho occupa
tion of Ronen, the oity council even offering to
increase the pay of the soldiers. It is a strange
phenomenon in the modem history of Franco
that the nation will tamely submit to tho will of
Mm who is bold enough to usurp tho supreme
power.
After the downfall of Napoleon, Gambetta
made Mmself dictator of France. When he had
retired from the scene, tho Communists im
posed their laws upon Paris and chose adventu
rous foreigners as their leaders. Garibaldi de
clined the honors offered to Mm of commanding
tho army of the Insurgents; but tho proud cap
ital of France, wMch deemed herself tho center
of intelligence, now meekly obeys the ukases of
foreign adventurers like the Polo Dombrowski
and Okolowicz, or the semi-American Cluserot,
who recruited 18,000 Garibaldions, 7000 English
and Irish Fenians, 1200 Greeks, COO Americans,
600 Germans, Spaniards, etc., for the Paris in
surrection. General Rossil, attached to Oluse-
ret’s staff (whose name figures so often in the
daily reports), was ono of tho most eminent
scholars of the polytechnical school. After the
surrender of Metz, he would not acknowledge
the capitulation and escaped.
The negotiations between Prince Bismarck
and Jules Favre and Pouyer Quertier have led
to final peace between France and Germany.
All efforts of the French plenipotentiaries to
obtain better terms failod. The treaty provides
that one million and a half shall bo paid before
the end of December, when the Germans will
evacuate the Paris forts.
The German Reichstag, ia convention, de
bated tho bill for the incorporation of Alsace
and Lorraine into the Empire. One article,
granting immediate citizenship to Alsatians and
Lorrainians, was adopted. It is proposed to
place both provinces for three years under the
immediate control of the Federal Government,
while tho legislative power of tho Reichstag will
only begin at the expiration of that term. Tho
bill, which does not allude to the rumored ces
sion Of VSV'isunbmg txr Xhtmritr, llllo DC0I1 well
received by the public. Bat it is impossible
that the Reichstag will either adopt the long
term of a provisional state or agree to resign all
control over the territory for that period. The
German people are animated by the earnest de
sire of reconciling their new fellow-citizens to
the change, and everything is done to win their
goodwill. And as pecuniary advantages will
exercise a magic influence over the heart of
man, tho Chancellor has ordered that Alsace
and Lorraine shall be reimbursed for injuries
suffered t»y the'war in the same proportion as
if they had been German before. The popula
tion of the provinces, though mournful and de
pressed, are therefore beginning to face the sit
uation as best they can; and they have forward
ed to Prince Bismarck a lengthy memorandum,
expressing their washes for the basis of a sincere
understanding.
As tho Imperial Government will endeavor to
respond to the views of the petitioners, we do
not share the opinion of the American press
which predicted that an emigration on a largo
scale from thoso provinces to America wonld
take place. We tMnk tho most of tho national
French families will remove to France, wMle
the German population as a body will mako the
desired to rc3umo work were holding a meeting
near the Hampton Hines, when they were as
saulted with stones by the wive3 of miners who
wore a little way off urging the women, believ
ing the laborers wonld not return the assanlt on
the women. Tho laborers then moved further
off towards a strip of woods, but were followed
by tho minor’s wives, who in tho meantime had
been reinforced. Men and women unitedly as
saulted tho laborers, and stones were freely
used. A woman named Smith was seriously
wounded in tho head by a stone, and as the af
fray increased in violence pistols were drawn
and fired. 'Wm. Love, one of the assaulting
party, was wounded in the thigh; McDonald
was shot dead, and abont ten or twelve others
were beaten, some of whom will die. The mili
tary were ordered to the scene of the disturbance,
but arrived too late to do any good.
Great excitement prevailed here during the
day. A mob cf several hundred rioters visited
tho works of Morris Weeks and drove out the
men at work there. What the end will be no
one can tell. A large body of troops will arrive
to-morrow, bnt as the most of them will be from
the coal regions, not much confidence is felt.
. Good missionary Ground.
The delegates to the Southern Baptist Con
vention now in session at St. Louis,' were made
welcome to the city by tho Rev. W. Pope Yea-
man, pastor of the Third Baptist Ohurch, who
said, substantially:
In behalf of that committee, and in behalf of
the churohes represented by it, he extended to
them a most hearty and cordial welcome to the
city and to their hospitalities. It might per
haps be well to add in giving the welcome, that
they did not, because they could not, welcome
the convention to a Baptist city, and he did
not tMnk ho could do better than repeat the
language of the pastor of the Second Baptist
Church, when the general association of this
State met last fall. . He told them, then, that
they were not in a Baptist city, that they were
not in a Protestant city, that they were not in
a Christian city. He supposed that was emphat
ically true of St. Louis. They had here a few
Baptists, a smaller proportion, perhaps, than
in any other large city in the United States. They
hadsixAmericanBaptistchurches. Hewashappy
to say they were united one to another in bonds
of fraternal love, and in a faithful effort at co
operation in the extention of the Redeemer’s
kingdom. They felt there was a necessity for
them to be one. Here they had a great oity—a
city reaching nearly a third of a million of peo
ple—great in its growth, great in its enterprise,
and groat in'its future prospects, and he would
add great in its worldlinesa, great in its indiffer
ence to the claims of religion, and particularly
in its indifference to the claims of pure and
across the Atlantic. Tho civil war and tho dis
graceful scenes enacted in Paris have also not a
little contribnted to soften the aversion of
Alsace and Lorraine to their conquerors. And
after the present generation ha3 passed away
those old German landmarks will probably be
again as faithful members of the Empire as
they were before French policy had succeeded
in alienating them from the Fatherland.
In the British House of Peers, Lord Redps-
dale, alluding to the treaty for settling the Ala
bama question, said that the Southern States
were alone responsible for the depredations of
the far-famed vessel. The Earl of Granville,
in behalf of the Government, assured the no
ble Lord that the adjustment made at Washing
ton had not turned upon the point hinted at,
and that, before the treaty was ratified, there
should be ample opportunity for the full consid
eration of its provisions. Tho Irish question
will again,claim tho attention of the Commons
after the Whitsuntide holidays. .
The Austrian Government is still engaged in
the hopeless task of reconciling the hostile ele
ments of the monarchy to tho rale of tho Haps-
burgers. Galicia has been granted autonomy.
The suicide of Paul von Nyary, a Hungarian
deputy, who, owing to financial embarassmeats,
threw himself from the tMrd story of a house,
has made a painful impression in Pesth. After
the Hungarian revolution he studied natural
soience, aud devoted his leisure hours to the
study of trarscendental philosophy. In the
Parliament, * 1 where he would often deliver long
monologues, they called him the Hamlet of the
Hungarian Left. A letter wMch Nyary left to
Peter Eeoethy, a friend of Ms, contains this re
markable passage: “When you compare to my
debts, amounting to 48,000 florins—the trifling
sum to be fonnd in my pockets—you will ac
knowledge that I could not act otherwise. Bnt
not the consciousness of being a beggar is driv
ing me to this extremity; bat the repentance
of having injured so many honest people, my
best friends among them—men whose attach
ment to me bordered on piety. To stake the
fortune, the peace of others, is an enormous
crime. I have committed tMs crime, which
neither God’nor man can forgive me. Going
now to terminate my existence, lam not actuated
by any fear of punishment. No, I wonld, with
a glad heart, step upon the scaffold, if by so
doing I could deliver my friends.” TMs is the
third suicide among the leaders of Hungarian
regeneration within eleven years.’
The Republicans and Carlisle in Spain
again at work to overturn the Governm-* 1 *
Kins Amadeus. In the environs of odoao the
authorities have discovered a lars? quantity of
Remington rifles and other —““tions °r war ;
According to the “Imp'“' Jia > ‘he late General
Prim, shortly befor- death, had drawn up a
plan calculated " diminish the military element^
in the Adr ,5jWtrat * on ^th a ^®'* 1 to the welfare
of the -contiy. After having advised the King
primitive Christianity. We are a Sabbath-break- oiine~-““4* .——---—:■? Tr nncn
general disregard for ,, -
day. The convention had been iny“fd there be
cause of the necessity that w^r Ming to
bear every available surf * or tl10 a “vance
ment of the couse • JtiriBt -
If the reve*-"^ speaker was correct in Ms
statement dt - Louis is good missionary ground
aetter to be found in Africa, or anywhere
PEOOBESS OF RAILEOAD CONSOLIDATION.—NeV)
York, May 9.—Terms of the lease of the united
railroads of New Jersey to the Pennsylvania
Central Railroad Company have been agreed
upon by the directors, and wijl soon be sub
mitted to the stockholders. Another powerful
company have offered a million dollars bonus
for a similar lease. The amount of property to
be oonveyed is valued at forty millions, embrac
ing lines through seventeen ont of the twenty-
one counties in the State. The result is watched
with great interest by the_ capitalists and politi
cians of New Jersey/
The students at Oxford during the last term
preponderate, he intended to withdraw alto
gether from public affairs and to retire to a vol
untary exile. A new financial establishment,
under the style of “Banco de Castilla,” and
headed by the most eminent capitalists of Spain
h»a been started in Madrid.
Omar Pasha, who played a great part in ori
ental warfare, died in Constantinople at the age
of sixty years. Michael Lattes—-this was his
real name—was bora in Austrian Croatia, Ms
father being a lieutenant in an Austrian regi
ment. He first also entered the service of the
Emperor, but beoame soon dissatisfied and went
to Bosnia, where he embraced Islamism
under the name of Omer. Having received a
good education and excelling in a beautiful
handwriting, a Mahometan merchant sent him
in charge of his children to Constantinople.
There he received an appointment - as writing
master in a military school, and, owing to the
favor of Chosrero Pasha, was charged to in
struct the heir-presumptive to the throne, after
wards Abdul HedscMd. From that time Omer
rose rapidly from rank to rank, until at the out
break of the Crimean war he was appointed a
field-marshal and oommander-in-oMef of all the
fames operating against the Russians.
The Belgian Chamber of Deputies is dlssuss-
vears. The attendance is something lees posed the law M proposed tar the Government,
tban5,800,witoan average of about SOOstudsnts beesusejtwu. cricnhrto^* oonfw upon the
at each of the nineteen alleges. gtwl population wMeh w*
t£be influence
of the clergy, a still greater influence in the
elections, thus giving the Catholic party an ad
vantage ovor the Liberals. The Speaker said
that the redaction of the census giving the ig
norant rural population in tho Flemish prov
inces a great advantage, would divide the coun
try info two political halves; the Flemish half
would be ruled by the Oatholio, and the Vallon
half by the Liberal influence. Towards the
end of tbo sitting Monsieur Jottrand, of the
progressito party, proposed a law, abolishing
for Communal elections, the censos entirely,
and conferring the vote npou every inhabitant
who, having resided in the parish for a speci
fied time, conld read and write fluently.
; ; - Jauno.
Abont Cigars—Gossip on the Box
harks, Brands and Starnes.
It is strange among nations of smokers other
than the Cabans or Spaniards, how little under
stood aro the distinctive marks by whioh manu
facturers indicate the make, shape, Bize, color
and quality of cigars. One may hear gentlemen
offer a Conoha, a Regalia, or a Lon dies, under
the impression that they convey the idea of
some superior brand of .especially fine quality.
Instead of this they only offer a cigar of a cer
tain size or shape, the quality of whioh may be
anytMng, from the finest “Upmann” or “Ca-
barga” to the purest “Connecticut;” or you are
offered a Madura, which is not made by Mr.
Madura, but is simpiya oigar of a ripe or dark
color.
To any one with a very scant smattering of
Spanish the various marks used by tho trade on
their cigar boxe3 are readily explainable. The
first and most important of these is, of course,
tho brand, so called from being usually burned
on the box by a hot iron. TMs is either the
name of the individual proprietor or tho manu
facturing firm; or the special fancy name given
to the factory, in accordance with a Cuban cus
tom which so designates their retail shops; as
“Tho Pearl,” “The Rose of Seville,” etc., in
stead of by their name. The brands, then, are
either such as “Upmann & Co.,” “Cabanasey
Carbajal,” Cabarga & Co.,’’or the well known
“Figaro,” “Ca Corona” (“The Crown”)—Anto
nio Cabarga’s brand—or “Flor del Fumar”
(“The Flower of Smoking.”) These are the
trade marks of the factories indicated.
Next in order comes tho indications of style,-
i. &, size and shape, and the terms used are, as
a rale, common to all manufacturers, very few
making any designated shape or size exclusive
ly. TMs mark is stenciled, usually, on the
front of tho,.box. The best known and most
familiar of these, to onr ears, now are: Regalia
—abont the same as onr word “present,” “gift”
—largest ordinary size; Media Regalia—half
Regalia—a smaller cigar; Regalia del Rey—
“King galia”—smaller; Regalia de Ia Reina—
“Queen Regalia”—smaller still; Londres, “Lon
don,” a medium size for length and thickness,
so cnllod as being a favorite in England; Bre-
vas, named from a luscious variety of fig grown
in Spain; Concha, meaning a “shell," but re
ally named after tho Into Captain General Con
cha ; Conches de Regalo, “Conchas for pres
ents.” Napoleonnes nnd Imperials are extra
large fancy sizes, bnt little used except for
showy presents. Besides these there are some
compound indications of. size and style; as Re
galia Britannica, Regalia de Londres, Londres
Cortes (short), and others. Another indicator
of the style of cigar—or, moro properly, its
style of packing, is found in two words—Cilin-
drados and Pxensador—which may be applied
to any size or shape. Tho first merely signifies
that they are in cylindrical bunches, folded in
paper or tied with ribbon; the second, th^f,
they are pressed while moist, so as to flatten
tho surfaces. Tho indication of shape, size
and style are collectively understood by the
Havana makers at tho Yitola—accent on the
second syllable.
Among shape and sizo marks there are two
now seldom heard, but no doubt familiar to
many readers—tho Trabucoo, (“Blunderbuss”)
a short, tMck, stumpy oigar; and its direct op
posite, the Panetela, (“Sponge-cake"), a Ling,
slim article, apt to be hard-rolled, and difficult
to smoke, evidently tho sort referred to by Dr.
Holmes in Ms “Latter Day Warnings,”
“When Cuba’s weed have quite forgot
Tho power of suction to resist.”
Next in order comes the indicos of quality or
grade of tobacoo. Flor (“Flower”) is now the
most usual mark for the best, or what used to
bo called “Firsts;” Segundo (“Second,”) or,
with some makers, superior, for the next. Lower
grades, known as “Thirds,” are not generally
marked, although some factories use Bueno
(“Good”) for that quality. These marks are
stenciled, usually on one end of the box, while
on tho other is indication of color. This is, of
course,‘expressed by the proper Spanish word;
as Clare, t. e., light colored. Colorado (litter-
ally red) brown, Madura (dark brown.) These
guides to color are, however, not very accurate,
as the “light brown” of one box may open as
dark as the sample “brown” of another. A still
lighter color than Clare—seldom seen here, as
it goe3 mostly to Spain—is Pagizor, or straw
color—a very mild grade of the weed, wMoh,
if my memory serves me, used to be known as
Injuriado. FasMon is as fickle in cigars as in
other matters, and the brand or shape in vogue
to-day is out of favor to-morrow. The once
popular Normas and Noriegas have disappeared
like the Trabucos and Pantelas; and that old
favorite, the little blaok Principe, of fine Yarn
tobacco, with its fine wMte ash, is no more to
be seen of men. In those days, too, a first-
class cigar conld be had for $30 the thouaandp-
the “good old rimes 1”
The Object of the Ku-klux Bill.
Wendell rMUips in his late speech before the
Labor Reform Association in New YorkteUg
what the Ku-klux bill was contrived for, as fol
lows:
Now, I believe that unless President Great
has made up his mind to stretch the long arm
of his power into the centre of the rebel States
and strangle this rebellion of assassins by court
martial he will never haves Republican soo-
cessor, and when I say that I am only repeating
the exact words of the Senatorial counsellor who
stands nearest to ihe right hand of the Presi
dent, I am «aly repeating what the man whose
opportunities are the largest to investigate and
xpfcose political insight is the keenest to discover,
and whose closeness to the President renders
Mm the very best of authority, oortf eased to me,
with Ms own lips, supported' as it was by the
concurrent testimony of half a dozen of his as
sistants. If the Congress had adjourned with
out giving Grant even that measure of power
which he has to-day, and left us tomeet the 4th
day of Deoember as we stood on the 1st dsy of
March, there never would have been a Republi
can successor to General Grant in the White
To state the matter briefly, the bill was passed
to enable the President to secure his re-election
by violent and unconstitutional means.
The Negroes to Bide on the Street
Cora.
Louisville, May 13.—At a meeting of the
Street Railroad Managers to-day, it was agreed
that it was useless to resist or evade the enforce
ment by the United States authorities of (he
»i«im of negroes to ride in street cars. The ne
groes having refused the offer of the special
ears, and determining to insist on riding with
the whites, it was decided best to avoid a seri
ous collision by opening the cars to them. They
effect the business of the road considera
bly, many whito people, especially ladies, pre
ferring to walk. Bnt it is likely there will be
no further trouble beyond occasional collisions
with the roughs.
There must be a sad lack of backbone ia
Louisville. We hope the negroes will try tho
theatres and other public plaoea in that oity,
next
The OMnese temple of Quong Wah Muen in
Ban Francisco was recently dedicated, u’ 1 ’ - °
posing eeremoniea. There are two bor
at the door, each twenty feet WgMat
are seventy-five other Josses.
1
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