Georgia weekly telegraph and Georgia journal & messenger. (Macon, Ga.) 1869-1880, May 23, 1871, Image 1

Below is the OCR text representation for this newspapers page.

E G-EORGIA JOURNAL & MESSENG-ER. Established 1820. MACON, TUESDAY, MAY 23, 1871. 4 00 2 00 3 00 160 Georgia TelegrapU Building, Macon j c l c graph and Messenger, one year §10 00 gir months 5 00 One month 1 00 Sjroi-VTeeklj- Telegraph and Messenger, 1 Six months llammoth Weekly Telegraph and Messen ger. 50 columns, 1 year.... Sis months ravahla always in advance, and paper stopped when the money runs out, unless renewed. CBEi 'O AE3AXGE3JENTS WITH J. -W. BUBKE & ' C0.’s PUBLICATIONS. Daily TelejiaP 11 ^Messenger and Farm and Home ••••••• *$U 00 Weekly Telegraph and Messenger and Farm and Home 4 00 SemiAVeeklv Telegraph and f Messenger and Farm and Home Zr. 6 00 Southern Christian Advocate with Weekly 5 00 Burke's Weekly 4-00 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 -.4