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Mm mWBMM* A1B UiiM
CLISBY, JONES k REESE, Proprietors.
Tkr Family Journal.—Nbws—Politics—Literature—Agriculture—Domestic Atyaibs.
"
GEORGIA TELEGRAPH BUILDINGS
Established 1826.
♦
MACON, TUESDAY, OCTOBER 3, 1876.
Volume LXX-^No, 7
Nebacbadnezzan.
Irwin RusieAl in Scribner’* Month!;.!
You, Nebnchtrinenah, whoa, sah!
tVhar is you tryin’ to ro. sah ?
I’d hah you for to know, ash,
Ft a-tioldin’ ob de linos.
Yon 1
n better stop dat pnmcin :
You’* pow’ful fond ob dancin'.
But I’ll bet my yreh’s advancin'
Dat I’ll euro you ob your shines.
look heab. mulo I Bettor min’out—
Fust fine vou know you 11 fin’ out
How quick I’ll woardis lino out
Onyout uRlyatubb’nback.
Yon nmdn’t trv to steal up
up.
Dar. dat'* do way to do it I
Jlo’a cornin’ rightdown to it:
Jes’ wai ch him ploughin’ t’roo it I
Dis uiggerain’t no fool.
Semo folks dey would V beat him;
Now, d-t would only heat him—
I know jes’ how to treat him:
You mu*’ reason wid a mule.
He minds mo like a nigger.
If be wns only Wager
He’d fetch » mighty flggcr.
Hr would. I tell you I Yes, rah!
See how he keeps n-diekin’ 1
He’* a< gentle ns * chicken.
An’ nebber think* o’ kickin’—
IVhoadah! Xebuehadxceeah !
Is dis heah me. or not me ?
Or is de debbil got me ?
Was dat a cannon shot mo P
Hab I laid heah more’n a week ?
Dat mule do kick am izin* 1
Ds beast was sp’iled in raisin’—
By now I 'spect he's grazin’ .
On de Oder side de creek.
Comfort.
Boatman, boatman iy bruin is wild.
As wild ss tho rsiny seas;
Xv poor little child, mv sweet little child.
Is a corpse upon my knocs.
NohoTy'cliMrlosing so low.
No priest to kneel in prayer.
No tiro woman to h»!p me sew,
A cap for ms golden hair.
Drooping his oar in the rainy sea,
The pious boatman cried. ‘
"Not without him who la life to thee
Could the little child have died I *
"Hu grace tho same and the same his power
Demanding our love and trust.
Whether he makes of the dust a flower.
Or change* a flower to dust.
"On the land, on the wafer, all in all.
The strength to beatill or pray.
To blight the leaves In thnir time to fall.
Or to light up f'e hill* with May.’*
Over the Hea.
nr siE8. itcLocc-cexik.
O boat of my lover, go softly, go safely—
O boat of my lover, that bears him from me!
From the homes of.the clachan, from the bum
singing sw> ctly.
From the loch and the mountain that ho ll
nevermore see.
O boat of my lover, go softly, go safely:
Thou bearest ray soul with thee over the tide.
I said not a word, bnt my heart it was breaking.
For life is so short and the ocean so wide.
O boat of my lover, go softly, go safely;
Though the dear voice ij silent, tho kind hand
is gone;
But oh 1 love me. my lover, and I’ll live till I find
thee—
Till our parting is over and our dark.days are
done
The Kepuhlican Panic.
New York Sun.]
There is a panic at Washington in the
Republican camp, in regard to Ohio and
Indiana, which is fast spreading to the
political centres in tho States. Chand
ler’s recent visit to this city for more
money, the myaterions movements of his
confidential agents, and the suddenly
changed outlook of the canvass in both
States, serve to explain the cause of
alarm.
All accounts that pretend to be impar
tial now agree that the Germans are daily
consolidating their strength on the Til-
den ticket. Various causes have contrib
uted to this powerful accession. Tho
Germans as a body are intelligent, frugal,
independent, honest, and for reform.
They favor u policy which embodies
these ideas more than they do either
party. Hence they may be called a fluc
tuating force in onr politics—voting this
year for one side and tho next for the
other side, according to changed condi
tions. They know what Gov. Tilden has
achieved in this State, and they see in
him a candidate fit to be trusted for
genuine reform.
They know, too, that in tho event of
Hayes* election, the influences which now
control tho party would necessarily con
trol him, as they hare held Grant, who is
infinitely stronger and more self-willed.
The Germans, like other adopted citizens,
regard Hayes as completely identified
with a secret proscriptive Know-Nothing
organization, which has for its leading
dogma "the exclusion of all foreigners
from office” ard no toleration for Catho
lics. They also consider Hayes as rep
resenting the fanatical temperance inter*
cst, which tho male and female crusaders
in Ohio carried to an extreme of folly, and
as favoring sumptuary laws and other
offensive legislation. These reasons may
bo classed as partially public and par
tially personal. They are operating not
only in Ohio and Indiana, but in Wiscon
sin, Illinois. Michigan, Minnesota, and
other S’ates of the West, a3 well as here
in the East.
Tho Germans hold the balance of power
between tbe two parties in Ohio and Indi
ana. Within tbe laBttenday3especially,
thoy have united in a manner to surprise
both Democrats and Republicans. Tbe
drift is all one way now. Carl Schnrz
has completely lost his grip on hiB coun
trymen, and he feels the pangs of a false
position and of a ruined leadership.
There is no probability of a reaction
before the 10th of October, and if the
current sweeps on as it is now doing in
the West, there will be a practical end
of the campaign in a fortnight.
No wonder thoy are panic-etrickcn at
Washington, and that the most desperate
efforts are made to turn tho tide into a
new channel. Frantic appeals will not
stirtheGerman votethisyear; and if the
Democratic managers who hare charge
of the campaign hero will do only half
their duty in bringing ont tbe vote, in
organizing at every point, and in con
fronting Chandler’s intended trickery
and frauds, tbe election of Gov. Tilden
may be put down as sure as any haman
ovent can be. •
h. s. Littlefield, tho Bond Thler.
A gentleman who has just returned
from a visit to Florida, saw Milton S.
Littlefield, the Great Unpunished, while
there, and says the reports which have
reached this State of Littlefield's desti
tute condition *re literally true. The
man who, while living here, was so fault
less in his <i res-i, is now shabby and almost
ragged. His shoes were patched, and
tho linen pants which he wore were
threadbare at the knees, while hit col
lar was ragged and gave evidence of
long wear. The gen’lensan who brings
this information beard that a short time
ago the proprietor of the hotel where
Littlefield was boarding gave him notice
that if bia board was not paid within a
certain ttoe he and his family wonid be
turned out of his hotel. Notwithstand
ing his impecunioaity, the decamped
oarpet-baueer is in a manner cheerfui, , Jm %1J
hia great flow of animal spirits causing which a gentleman may bo known s his
him to cherish, like Wilkina Micawber,
an abiding faith that something will
shortly turn up to lift him above penurv
' and want.—Raleigh Wart.
FROM NEW ORLEANS.
Democratic Factions — Evils or Fat
Salaries—'The Radical condition—
PIncb on Gentility—Yellow Fever-
Chance for Nicholls.
New Orleans, La.. Sept. 23, 1876.
Editors Telegraph and messengers It
has been a long time since I wrote yon.
and now that your columns are so crowd
ed, I feel it trespassing to send yon any
thing from this sectionin which the mass
of yonr readers have so little interest.
Vet there is something in which every
body just now feels deeply inter.sted—I
mean the political contest now raging.
This city just now is in a political fer
ment; not between parties, hut factions
of the same party. And I regret to say they
are factions of tho Democratic-Conserve
tivo party. The majority of this party
in the city is enormous, and this, if in
its strength it can be polled, will securo
to the party the State beyond all perad-
venture by a largo majority..
The convention elected by the Demo
cratic wards, for the purpose of nominat
ing candidates for the various parish of
fices is now in session. In many of the
wards there are two factions, and tbe
contest between thesejs for the offices,
and consequently, there are two sets of
delegates from all the larger wards, con
testing each others seats. A committee
upon credentials has been appointed, and
they are struggling to reconcile matters,
whilst the convention stands adjourned
for several day s. The contest before this
committee is most acrimonious, resulting
in deadly conflicts. One of tbe commit
tees has been threatened with assassina
tion, and goe3 from hia home to the com
mittee room guarded by armed men.
This morniDg, it is announced upon
the street* that if the delegates of one of
these factionsis not seated the Democrat
ic party will lose 3,000 votes, not. much
patriotism in this. Very true self usurps
evory consideration with men ambitious
of enriching themselves by securing of
fice.
To you and your people it will be
startling to know that the offices of the
two sheriffs of the city, the civil and the
criminal, yield to their possessors $100,-
000 each. There are eight district courts
in the city, including the criminal court.
Tbe clerks of these realize, from fees, from
$15,000 to $40,000 per annum. The tax
collectors, from fees, receive at least
$50,000 each, and then there are innu
merable city offices which pay enor
mously.
■ Now a nomination by tbe Democratic
convention is equivalent to an election.
Tne patronage of all tbeso offices is
enormous. Do yon wonder that the con
test for these nominations should be
fierce and the contestants numerous?
When this committee on credentials shall
report to the assembled convention there
will be one hundred armed men present
to preserve order, and I am doubtful if
they can do it—and, for one, I fear a
terrible scene over these dissensions.
They may, however,?bo *11 quieted by
the writing of one hateful name. The
last Republican Legislature, anticipating
defeat in the State this fall, passed a bill
affixing reasonable salaries to these offi
ces, which stand as the entire remunera
tion to tbe officers. The Radical Consti
tution of the State allows the Governor
to hold over from one session of the Leg
islature to tbe next all bills passed in the
last ten days of the session until the end
of tbe first ten days of the succeeding
session. If not signed by the Executive
in that time, and retnrned to tbe House
originating tbe measure, the bill fails.
Kellogg is holding this bill, and I think
will do 60, until the election shall deter
mine the success or defeat of the Repub
lican party. If the Democrats triumph
he will sign it, otherwise he will not.
Now were ho to sign this bill it wonid
operate a tremendous influence upon the
impending election. It would drive from
tbe Republicans a large number of
voters, who are Republicans, solely for
the sake of these fat offices; and at the
same time it would cool the ardor of hun
dreds now struggling for these offices in
the Democratic party. It is beginning
to be understood that this is his deter
mination, and I am admonished since
commencing this letter that it is pro
ducing its effect in both parties, stimu
lating the Republicans and cooling down
the Democrats.
The Republicans hero aro alarmed at
the news from all the States, and some
of the officeholders are talking quite eon
aervatively. Packard, the nominee for
Governor, attempted a canvass of the
State, but no where conld he assemble
an audienoe of three hundred persons,
and after going through a few negro-
controlled parishes he has retnrned, and
it is now given out that he was, from the
symptoms, afraid that his life was inse
cure if he attempted the canvass further.
He found the negroes eveiywhere he
went forming Democratic clubs and the
former Republican leaders amongst them,
or else withdrawn from politics, and he is
rabid. Kellogg has to day endorsed both
Packard and General Nicholls as honora
ble and trustworthy. He has gone fnr-
ther, and pnblicly announced his belief
that the Conservatives desire, and mean
to have, a fair and peaceful election.
Recently a cymliug-headed fellow by the
name of Stockton, and who is Packard’s
chief clerk, announced to a reporter of
the New York Herald in New Tork, that
Killogg was a poor, vacilating devil, and
had the confidence and support of no
leading Republicin hero. The papers
here republished the interview, and I
heard Stockton say Kellogg was furious
and Packard was rather gratified.
Pinchback denounces tho party hero,
and has left the State, not to return until
after the election. This was a severe
blow to tbe party. Ho was tbe repre
sentativo man of tho negroes, and had all
their brains. An attempt was made at
Washington to appease his wrath. Noth
ing could do this aho^t of the $19,000
voted him by the Senate, and which the
House could not see that he deserves.
He was prevailed upon to go to Indiana
to canvass the State. He went, bnt wonid
not remain. Only the day before he left
the city ho came into the editorial sanc
tum of the Times, and said he was dis
gusted, at home and abroad, with the
Republicans; that in the negro-loving
North no negro conld be elected to an
office.
" Ton know, Mr. R., I was born a gen
tleman-reared up with and alway* asso
ciated with gentlemen. I did not find
such associates in the Republican party
in the West. There are no gentlemen
there.”
‘‘Ah!” said Mr. E; "but that is a mis
take, for there come hero many gentle
men from tho West.”
“ Yes, Hr. R., that is true, and I did
not mean to include the entire population
in my remark. I know that here' and
there- there is one.”
" But what is your standard mark of a
gentleman, Mr. Pinchback?”
“Well, sir, there are many ways by
ungloved hands—“pea, yon know, Mr.
R, a gentleman always cleans his finger
nails, and cam ob his food to his mouth
with a fork. I never saw a man in tho
West eat with his fork or have clean fin
gemails, sir. I was disgusted, and left.
I shall take no part in this campaign,
and will tell you, sir, Gen. Nicholls will
carry this State-” Leaving the editor to
infer that he was the prop and hope of
the party—this withdrawn, its fall was
certain. I think with Pinch, so far as
the election of Nicholls is concerned, and
I still think the-State will go for Tilden
and Hendricks by 10.000—perhaps more.
There are a number of yellow fever
eases in the city. A physician said to
me yesterday, there were not enough to That part of the audience in front of me
justify the belief that it would become stood' up, every time the curtain was rais
an epidemic. This morning I learn from
a reporter that there are forty case* in
one neighborhood. I am a little afraid,
I have been so many seasons away, that
I may be liable to the disease anew. I
h id yellow fever in 1827 and I may have
it to-morrow, and this may be the last
letter I may send you. Well, it can’t
deprive me of many days. He wbo has
numbered his seventy six years should
not fear death any more than a good
man should fear his heat friend. Death
is all the future holds for me, and when
He calls I shall welcome and abide His
mission.
Cotton is coming in rapidly, and busi
ness is reviving, and if Yellow Jack
shall stay his lavage* to a few sporadic
cases. New Orleans will lookup Already
she is feeling the influence of the promiso
of a political change.
I heard two country merchants say to
a wholesale dealer, a few days since, "I
shall buy sparingly to day, but if Nicholls
and Tilden are elected, I shall bny until
you tell ms to stop.”
Our candidate, General Nicholls, comes
of good stock. He is the aephew of J.
Rodman Drake, the author of the Ameri
can flag, and the youngest and last of
the children of Judg6 Tnomas Nicholls.
His brother succeeded bis father on the
bench, and another brother succeeded to
the first. These two brothers were tho
first to enter the bishop’s palace when it
was stormed at Monterey. Gen. Nicholls
graduated at West Point, lost an arm
and a leg in tbs Confederate service—is
a high-toned gentleman, firm, talented,
discreet, without bad habit—and cleans
his finder nails. Y. M C.
manners, his information, his drees, his
bearing towards ladies and strangers,
and then, sir,” (with a turn np of hi*
note) “yon know—’’and he looked at his his view-of the subject.—Btes-
EATOSTON CORRESPONDENCE.
ooasrp.
"How did yon like the tableau* lost
night?” asked a friend, this morning.
"I didn’t see them,” was my reply.
"You heathen! Did yon really fail to'
go to that beautiful exhibition? I shall
use my influence to have you ostracised
by the ladies, and —”
"Hold on my friend,” I answered. "Be
cool and be patient. I did go. to see
the tableaux, bat still did not see them.”
And iu is useless to continue the dia
logue, but I will modify' tbe absolute
statement that “I did not see them.”
Eligibility for tli» Legislature.
Oglethorpe, Ga., Sept. 25.1876.
Editors Telegraph and Messengers A
coriejpondent in your issue of the 24th
instant, after quoting Article III, section
1, paragraph 4 of the Constitution of this
State, propounds the inquiry whether or
not in the “face of this ordinance” a
Commissioner of Roads and Revenues ol a
county can legally hold and draw pay as
such, and at tbe same time represent the
county in tbe Legislature; and your cor
respondent goes on to state that a gen
tleman in our county (meaning. Macon
county) has held these two positions, and
has been renominated for a seat in the
Legislature. In ypur reply to this in-
tttrlrv p f «■«*—* pond-nt-'^T 0 * 1 oW*« -
"that this provision of the Constitution
no doubt was meant to, and does actually
prohibit all office bearers, save those ex
cepted, from becoming a member of the
Legislature.” Now with the greatest
deference to your opinion, we think yonr
language too sweeping and general when
Xou use the term "all officebearers,” and
is not warranted by a reasonable con
struction or interpretation ef this clause
of this clause of the Constitution; and
further, this construction of yours is like
ly to do great injury to a highly esteem
ed and worthy citizen of onr eonnty.
The position, place or office of a mem
ber of the Board of Roads and Revenues
of thi3 county, as created by an act of the
Legislature of 1872, page 434 Acts of
1872, is a position, place or office not
known to the constitution of this State,
and the provision of tho constitution
aboro referred to only means such officers
as are recognized by the constitution—
that is, officers named in the constitution,
either generally or specially. A mem
ber of the Board of Roads and
Revenues of this county holds
office under the State or the United
States. He is not commissioned by the
Governor, nor is he appointed by any
State officer, nor is he elected by the
people. He is selected by the Grand
jury. The language of the constitution
is (that in order to be obnoxious to the
provision aforesaid) tho person must
bold an office "under tbe State”—that
is he must be appointed, commissioned
or elected by State authority, by virtue
of the general laws of the State.
Toere are similar disqualifications in
tho British Constitution as to members
of Parliament, and these extended to
Ciown officers—those wbo held office un
der the Crown and commmissioned and
appointed appointed by tbe Crown.
Farther.in order to fall within the pro
vision of the Constitution, the office must
not not only be held under the State, but
the emolument and compensation of the
same must be received from tbe State.
A person might hold an office under the
State with no compensation attached and
not be obnoxious to the constitution—
the emolument, or profit, or compensation
most be derived from the State in order
to bring the office within the Constitu
tional prohibition. A member of the
Board of Commissioners of Roads and
Revenues of Maoon county by reason of
the terms of the Act of 1872, receives no
compensation from the 8tate—no money
of the State is appropriated to pay them,
nor does their pay, when they receive
any, come from tne State Treasury.
The compensation they receive is not
fixed nor established by the act. No
certain pay is mentioned: they are "ex-
empt from rood duty and jury duty, and
such other compensation for their servi
ccs as the grand jury ef the eonnty may
recommend.” No one will say that the
recommendation of the grand jury of
Macon eonnty wonid be honored at the
State Treasury. Their pay is more in
the nature of a bounty or gratuity, and
this depending upon the contingency of
the recommendation of the grand jury,
and consequently most be ever fluctua
ting—sometimes one thing, sometimes
another, and frequently not anything,
and this is certainly not that kind of
compensation or emolument meant in
the Constitution.
One of the principal objects of the pro
hibitory clause of the constitution being
to prevent persons holding office under
the State and receiving pay from the
State, from getting into the Legi-l&ture
and manipulating the appropriation bills
so as to increase the compensation or
emolnmentsoftheoSee. For these reasons
we do not think that a Commissioner of
Rosds and Revenues of Maoon county is
disqualified from becoming a member of
tbe Legislature. As the election is near
at hand, and your answer to "Sobscriber"
may bo the cause of defeating tbe regu
lar nominee of the Democratic party,
(who conld resign the position of com
missioner if necessary,) yon will only do
justice by inserting this communication
in yonrpeerleBS journal.
No POLITICIAN.
We hare no donbt, on further reflection,
that "No Politician” ii entirely right in
ed, so that I conld only get'glimpses of
wbat was going on. Bnt those glimpses
were sufficient to show me that probably
never in the whole world were more
splendid representations gotten up is the
short space of two days. For that, or
perhaps less, was all the time devoted to
them. Now I do not intend a mere for
mal compliment. I mean exactly what I
say. I do not know bnt I was fortunate
after all, in being compelled to peep
about,- first one way and then another be
tween people of different sizes and stat
ures, for this made the scenes, as they
succeeded each other, appear like the
sheen of Borne glorious river, flowing on
constantly, grandly in its course, but of
which one can catch only occasional views
between stately trees and beautiful
shrubs; o. a of the gorgeous glints of the
sun, as they break through the stiver-
lined clouds of heaven.
BUT THE music! AH, THE MUSIC!
They could not prevent me from hear
ing every note of that; and,-as usual
here in Eatonton, it was of that thrilling
kind that throbs through and through
the lorer3 of poetry in ita highest form—
for th-it is what I, in common with cer
tain others, consider music to be. It
would be tedious to the readers of a jour
nal that circulates generally, as yours
does, to mention the aames at performers
at an entertainment m our little town;
therefore I will not attempt it. I will
■ay, t bongh, that every time 1 attend an
entertainment here I grow.' more and
more prond of those of ons Townspeople
who get up these exhibitions; more and
more proud of the musical'talent in onr
midst, more and more enthusiastic in my
admiration for the ladies who, aB your
regular correspondent has so often said,
have constructed a lexicon for themselves
in which the word "fail” is. left out, and
the word "excel" has be«# substituted
for it I will go further, and say that
these ladies have lifted a banner on
which is inscribed, not "excelsior,” bnt
"excehi-sime” • j,
IN VIEW Or ALT. WHICH,
even if I had not attended the exhibition
at the Academy, even if I-badjnot been
within sight or sound, I woplJ'have felt
justified in writing the substance of what
I have already penned. Bqt I was there
though, and remained striet’y attentive
daring the whole performance.
Yolno Hand.
bbutocsi-W. ^
AH those DVlng pictvfrca.'aii'that rav
ishing music, was for the beaent, »i,«
sorely-stricken people of Savainah. Our
people are throwing in their mites. The
ladies have gone round in committees,
solicited subscriptions and sent down
provisions—exactly what quantity I can
not say. The money they raised from
tne performances of Thursday night will
be devoted to the relief of our beautiful,
our queenly Forest City. Mr. G. W.
Wardwell has been collecting funds for
the same purpose, has sent down some,
and will send more. He still continues
to receive contributions. Judge Bartlett,
from tbe beneb, the other day, Superior
Court being in session, called the atten
tion of numerous colored people who were
in the room to the destitute condition of
many of their own race in Savannah, and
suggested that they send, each what he
could—a bushel of meal, potatoes, pease,
or any kind of provisions he conld spare.
I believe they are moving in the matter.
COTTON, THE BAINS, ETO.
The cotton continues to open very fast,
and is coming into market in moderate
quantities, I believe the merchants here
pay nearly or quite aB much as they do
in any place in the State. There will be
a great deal of bad cotton now, though.
On Thursday afternoon there were heavy
rains in various parts of the eonnty, and
that night there were floods. In some
places there was a good deal of wind.
Planters give various estimates of the
damage done, bnt all with whom I have
conversed agree that it is very, very
heavy indeed. Yon see, this being court
week, I have had an opportunity of
talking to a good many.
. YOUNG HAND
asked me to let him try bis hand at a
description of Thursday night’s enter
tainment, and I agreed to it: He has
signed his name to his part of the com
munication, and I beg that yon will allow
it to remain for the gratification of the
yonngster; and that you will allow me to
put in more of hia paragraphs occasion
ally. I will keep an eye on him, and see
that he does not wander too far away in
nubibus—which, being translated, means
he eball net become too highfalutin, or,
aB yon might say, too Asiatic. H.
Dawson Fair.
Dawson, Ga., September 23,1876.
Editors Telegraph and Messenger s The
Fifth Annual Fair of the Terrell County
Industrial Association, we understand,
will be held at Dawson, Terrell county,
witbont fail, on the 27th and 28th of Oc
tober next.
Tbe following prominent.cltireus were
appointed a committee to repair the fair
grounds:
Dr. J- R Junes, Samuel D. Williams,
Reuben Geiso, W. A. Feet and Elijah
Bellflower.
The roue track will be put in excellent
condition.
Eminent speakers are expected.' We
only bad a few moments' conversation
with tbe Committee and President, but
from all we can learn, every effort will
be made to surpass any fair ever had in
Dawson. Yours in baste,
H.J.J.
Editors Telegraph and Messenger s Will
yon do me the favor to publish thefollow-
ing list of appointments for me, as I
think it is high time I was "up and
doing” something for the great cause of
Democracy:
On Wednesday, Sept. 27th, Honte-
znms; Friday, 8ept. 29th, Dawson;
Monday, Oct 2d,Cathbert; Wednesday,
Oct. 4tb, Georgetown; Thursday, Oct.
6tb, Eufaula, Ala.; Saturday,Oct.7th,
Clayton, Ala ; Tuesday, Oct. lOtb,
Lumpkin, G<t.; Friday, Oct. 13th, Pres
ton.
I want to do all I can in the cause, and
yon will oblige me greatly by publishing
the list f»r me. Respectfully,
Wm C. Smith, Col’d Democrat.
Americas, Ga., September23.1876.
arrested said that he was intoxicated da
ring both ceremonies.
THE NOBTH CAROLINA OUTLOOK
A Democratic'V*§jmry Store Than
Problmie. -
Bedfleld’s letter to^He’tfnrinnatl CommercUl.1
Notwithstanding the very gallant fight
which Judge Settle is making, and the
almost universal esteem in which he is
held here, I see no probability of his elec
tion, or, at least, bnt a very small probsc
bihty. He will run ahead of his ticket,
but abont 12,000 behind an election. I
look for Vance to carry the State by from
10.000 to 15,000, and Tilden probably
20,000.
I see in tbe papers that the Republi
cans abont Washington are counting
upon North Carolina as. probable for
Hayes and Wheeler. In my estimation
they are mistaken. North Carolina will
go with thp solid South.
Stncethe civil rights excitement North
Carolina hhs been undeniably Democratic.
Both Senators are Democratic. Every
member of Congress but one is Demo
cratic. The Governor only is Republi
can, and he because he was elected four
years ago, before tbe civil rights tidal
wave swept over this State and car
ried* it boldly into tbe Democratic
pirty. Before that firebrand was
thrown into the South, there were
counties in this State where the white
voters were more than two to one Repub
lican I Think of that, and then curse the
stupidity and malice and recklessness of
tbe Republican majority in the Senate
and Congress who deliberately enacted a
measure that could bo of no earthly hen
efit to the blacks, but which drew the
color tine and annihilated the white Re
publican majority in sections where a
leaven of the kind is needed above all
things. I cannot account for it. Per
haps it was because "whom the gods
destroy they first snSS mad.”
An Allegheny youth of twenty-two
married a young lady, August 26th, and
another young lady two days later. He , . _ ,
escaped arrest for twenty days, and when that a purchase from his landlord is con-
Declslons of the Snpreme Court of
Georgia*
DELIVERED SEPTEMBER 19, 1876.
Abridged from the Constitution by N. E. Har-
• ris, Xiq., of the Macon Bar.
~ Bean et al., vs. Hadley. Complaint,
from Fnlton.
Warner, C. J.—Inasmuch as the re
cord before us does not contain any de
claration of any suit for land, in which
Hadley is plaintiff and C. B. Bean & Co.
defendants, and no verdict and judgment
thereon which this court can review,
either for the purpose of affirming or
reversing the same, it is ordered that the
writ of error be dismissed.
Crutchfield vs. Coleman, Injunction
from Bibb.
Warned, C. J.—There is nothing in
this case to take it ont of tbe general
rnle so often announced by this court,
that it will not interfere to control the
discretion of the chancellor in refusing
to grant an injunction, unless that discre
tion ha3 been grossly abused.
Let the judgment of the couit below
be affirmed. *
DeGraffinrled «. Brunswick and Alba
ny Railroad Company. Case from Ber
rien. , -
y*O. J.—That a receiver ap
pointed by a court, u, . „ ^
sued for the assets placed in his hands, or
be disturbed in tbe possession and man
agement thereof, witbont first obtaining
leave of the court appointing him, is not
an open question in the courts of this
State.
Tbe demurrer was therefore properly
snstained. Jadgment affirmed.
Chisholm vs. the Atlanta Gas Light
Company. Non-snit, from Fulton.
Warner, C. J.—Where, on a suit
against a gas company for damages to
plaintiff’s honBe, caused by an explosion
of escaped gas, it appeared in evidence
that plaintiff notified the defendant that
the gas was no longer needed in his
house, it being vacant, and that there
were two ways of shutting off the gas-
one by the service-cock belonging to the
defendant, the other by the moter-cock,
the property of the plaintiff—and the
evidence showed that the gas was out off
at the meter-cock, in the plaintiff’s cellar,
instead of at the service-cock, nnder the
curbstone; that it was safer to ent off
the gas at the service-cock than at the
meter-cock; that it tbe gas had been ont
off at the service-oock the exploaion in
the plaintiff’s house could not have oc
curred:
Held, that there was sufficient evidence
of negligence to entitle the plaintiff -to
have tbe jury pass upon the case.
2- A gas company in the conduct of its
bnsiness as a gas producer and furnisher
thereof to ita customers, is bound to use
such ordinary skill and. diligence as is
proportioned to the delicacy, difficulty,
and nature of that particular business.
3. Where the jury might Jure inferred
facts from the evidence to support the
plaintiff’s case, a non unit should not have
men awarded. Judgment reversed.
Dobbs vs. Frothro et al. Injunction
from Cobb.
Warner, C. J.—Complainant’s wife
was a legatee under the will of the testa
tor, and her. legacy was larger than an
execution which the executors sought to
enforce against her husband. These
executors were insolvent, and the hua
band filed a bill to enjoin the collection
of tho execution, alleging that there were
no debts due by the estate, etc.:
Held, That the injunction ought to
have been granted.
Judgment revised.
Fletcher, administrator, vs. Rcnfroc,
treasurer. Mandamus, from Fnlton.
Bleckley, J.—1. Aa executive war
rant upon the Treasury of the State, au
thorizing the payment of money in pur
suance of an appropriation made by law,
is not a contract nor in the nature of a
contract, but is only a license or power,
and is revocable so long as the payment
whioh it warranted has not been made.
2. If revocation cannot take place by
the separate act of the Governor, it can
take place by the joint ant of the Gover
nor and the General Assembly; and a
resolution passed by both houses and ap
proved by the Governor, instructing the
Treasurer not to pay the warrant, is a
virtual revocation.
3. In the face of suoh a resolution, the
judiciary will not, by mandamus, com
pel the Treasurer to recognize the war
rant and pay ont money nnder it.
Jjidgment affirmed.*
Thompson vs. Chapman. Warrant to
remove tenant, from Fulton.
Bleckley, J —1. In an affidavit made
to obtain a warrant to dispossess a tenant,
it is sufficient to describe the premises
as "a house aud lot at East Point-, in said
eonnty and State, being the place where
J.-D. Thompson (the tenant,) now re
sides,” an 1 a deed whieb does not so de
scribe the property, may bo offered in
evidence by the landlord, when there is
evidence aliunde going to show that ita ’
descriptive terms embrace the same prop
erty.
8. It is not necessary, on an issue of
tenancy or.no tenaacy to prove title from
the state.
4. ' If a tenant, upon being informed
end of his t?rm, consents to do so, and
the person about to purchase acts upon
that consent, making the purchase, and
thereupon the tenant repeats the prom
ise, both to the vendor and the vendee, it
is an s attornment, and is equivalent, in
law, to an express contract to hold under
the vendee for the residue of the'term.
The residue in this case being one
month, it was competent for the vendee,
after the month expired and after the
tenant had refused to surrender posses
sion, to treat him as his lessee for a
month, aad obtain a warrant for his re
moval accordingly.
J udgment affirmed.
Toggle, exeoutor, vs. Atlanta. Com.
plaint, from Fulton.
Bleckley, J.—1. The new bridge be
ing one hundred and forty feet in length,
sixty feet wide, and costing fourteen
thousand dollars, there was no abase of
the discretion vested in the municipal
authorities in-allowing the chasm ia the
street to remain unbridged for four
months after, the wooden bridge was re
moved, and in consuming that much
time in having the new bridge pat in its
place.
2. An adjacent property holder, whose
rents were diminished twenty-five per
cent, during the time the bridge was
down, has no cause of action against the
city for damages.
Judgment affirmed.
Drake vs. Bush. Claim, from Dooly,
Bleckley, J.—1. It is not tbe office
of a promissory note given for borrowed
money to secure the application of the
money by the borrower to a given object,
although the purpose for which the
money was borrowed be expressed in the
note—as,* for instance, that it was bor
rowed to pay for land. Therefore, n
judgment on the note, as such, ia no ad
judication upon any right of the lender,
growing ont of that part of the instru
ment.
2. A representation made in writing
may be contradicted by parole, except
where it operates by way of estoppel.
After being acted on it will so operate
upon some issues, but may not upon
others.
In the case at bar tho party having
acted on the representation was in no
worso condition, whether it was false or
true, and there was no estoppel.
Jadgment affirmed.
Lellyett vs. Markham. Assumpsit,
from Fulton.
Jackson, J.—The opinion of the pre
siding judge, expressed in his charge to
the jury, that au important witness of
the plaintiff, on tho material question at
issue, was "apparently interested,” is
error, and such error as section 3248 of
the Code expressly requires this court to
hold to be error, to reverse the decision
thereon, and grant a new trial.
Judgment reversed.
Kent & Co., et al. vs. Flnmb, trustee,
et aL Equity, from Fulton.
[Bleckie, J. did not preside in thi3 case ]
Jackson, J.—1. Sale of the wife’s sep
arate est“*“ to the husband’s creditor to
iM.y ms debt is void, and the nnrch ,w>r
acquires no title. If the purchaser oe
not ii.. nf.fnal creditor but hia agent,
taking the tiue in nu unu name, „ uti
the facts show that the real purpose was
to collect his principal’s, the creditor’s,
debt, the sale is equally void, and the
deed will be set aside.
2. If a trustee sell real estate settled
in trust upon the wife and her minor son,
and take a note therefor on her husband
and his partner m failing circumstances,
with no security, in order to obtain a
"line of credit” for said firm by paying
their debt, and if the purchaser be cog
nizant of all the facts, having acted as
agent, eto., he gets no title, though the
trustee be authorized to sell by the wife’s
direction, and she does direct the sale,
and the deed should be set aside as well
in Dehalf of tho minor as of hie mother,
the wife.
Jadgment affirmed.
Markham vs. Ainger, Austell et al. In
equity, from Fnlton.
Jackson, J.—Equity will relieve against
a judgment whioh was obtained by in
ducing the defendants thereto to with
draw an eqnitable plea they bad filed in
the case, by a promiso from the plaintiff
that it such plea were withdrawn he
wonid do the eqnity set up in tho plea,
and would enter into writing to that
effect, all of which he failed to do.
Jadgment affirmed.
Walker ts. Bnrt et al. Rule to dis
tribute money, from Berrien.
Jackson; J.-—1. The lien on saw mills
must-be prosecuted within one year after
the debt beoomea due, and if the first
proceedings to foreclose, made within
twelve.months, be defective and is dis
missed, it cannot be renewed within six
months thereafter under section 2932 so as
to save it, unless the renewal be also within
one year after the debt tails due. The
section applies only to ordinary suits and
remedies, and not to extraordinary sum
mary remedies like the foreclosure of
such lien. t
2. Even if properly foreclosed, the lien
made by a person in possession, who was
neither the tine owner nor his agent,
nor his lessee, wonid not bo good against
the true owner.
Judgment affirmed.
Coffee, administrator, vs. Griffin, ot al.
Injunction, from Dodge.
Where there is eqnity in the bill, and
the answer denies the allegations there
in, yet if there are affidavits and counter-
affidavits for and against those allega
tions, this court will not control the dis
cretion of the chancellor in granting an
injunction until the whole case can be
tried on its merits.
Jadgment affirmed.
Bboulder Strap Politicians.
The Baltimore Sun’s Washington cor
respondent, nnder date of the 21st, sends
the following:
The Soldiers and Sailors’ National Re
form Association, of which Gen. Joe
Hooker is president, has been making,
under tbe direction of Col. Daniels, the
secretary, a canvass of the political opin
ions of the soldiers and Bailors of the
Union. This canvass has been made
through the different county committees,
and it includes the hundreds of thousands
of the men who did tbe fighting, but vrho
did not wear shoulder-straps.
These latter kindB of soldiers aro al
most the only kind who are seen at the
.’Boys in Bine” gatherings gotten up by
Gen. Dix and other worn out politicians.
TO# result of the oanvasa made by the
8oldiers’ and Sailors’ National Reform
Auociation ia that a majority of the de
fenders of the Union are strongly oppos
ed to the perpetuation of Giantism and
sectional animosity in the election of
'Hayes and Wheeler."
Trial fer t'rand.
Pottsville, Pa, September 27.—Ja
cob Hnntainger, President ot the defunct
Mine.-* Trust Company Bank, had a
hearing this morning on the charge ef
embesslement and making fraudulent
bank statemente. He is held in bail for
Hll Messenger.
M»ry E. Bradley, in Scribner’* Monthly for Julyj
Marjorie with the waiting face,
Marjorie with the pale- orown hair.
She ait, and sew* in the ailent place.
She count* the atepa on tbe outer ttair.
Two, three, four—they pan her door.
The patient face droops low again:
Still it i* n it w»* before— -
Oh I will be come indeed no more.
And are her prayers all prayed ia Tain?
Through the warm and the winter night,
Marjorie wiih the wistful eye».
She keep, her lonely lamp alight
Until the star* are dim in too (kies.
Through the Kray and the ihlaing day
Her pallid Anger*, swift and slim.
Set thnir stitches: nor one Mtray,
Though her heart it ia far awsy
Over the summer sen with him.
Over the distant summer seas
Marjorie's yearning fancies fly;
She feels the kl,s of the Island brerec,
She sees the blue of the tropic sky.
Doe* she know, aa they come and go.
Those waves that lap the island shore,
That under their ceaseless ebb and flow
Goldenlocks float to and fro—
Tangled locks she will comb no more ?
Many a hopeless hope she keeps,
Marjorie with the aching heart;.
Sometimes she smiles, and sometimes she
weeps.
At thoughts that all unbidden start.
I can see what tho and will be:
Some day when the Muter send* for her,
A voice she knows will say joyfully,
"God ia waiting for Marjone "—
And her lover will be His messenger 1
EATONTON CORRESPONDENCE.
Coins Up to be Prayed For.
An article in the Southern Christian
Advocate of a late date has struck me so
forcibly that I hope to be allowed to
make some extracts from it. These ex
tracts will be apparently disconnected,
but they shall not be garbled—they shall
not be so arranged as to misrepresent the
sentiments of the writer. T'shall take
the liberty of italicizing Borne of the lan
guage to which I wish to call particular
attention. The correspondent signs him
self "H,” and says:
"When a poor penitent sinner, we went
to tbe altar—as tbe phrase was—many a
time, and though net converted there,
we have never been ashamed of going up
to be prayed for. And many times *
* • * * we have invited, urged,
exhorted, begged, entreated sinners to
come up to be prayed for. • * • *
We expect to do so again, when we feel
moved thereto. * • • * Once we
heard a very ignorant Methodist man,
who doubted whether people conld be
coaverted, unless they went to the altar!
Now we do believe that
many amongst us—and by u* we mean
evangelical Christians—do attach too
much importance to going np to the
altar, to publicly asking the prayers of
the congregation. Do we not sometimes
state the case as if declining to corns up
to be prayed/or, and rejecting Christ, were
one and the same thing f Those of onr.
hearers who know better may despise
what some of them call onr ignorance,
others onr cant. Those who do notknow
better will, if they refuse, feel in their
hearte a condemnation that the facta do
not justify; if they go to the altar,
attach such importance to tbe act itself
as to hinder, if not exclude a real, per
sonal and saving faith in the Lord
'We’wholearticle tnu .
I advise all who can to procure aha recur
it. X would have copied it all here if I
had thought that a daily paper could
spare room for it. I have Hardly known
what to leave ont. Of course ideas like
those embodied in the above extracts
hare occurred to every one who has re
flected much on these things. I have
long been wishing to write something on
these points, bnt have failed, because I
thought my motives might be misinter
preted. Now that a minister of the gos
pel has expressed, in a religions journal,
some sentiments very similar to my own,
perhaps I may venture to say something.
Of course it is ont of the question to do
muoh more than make the most' meager
suggestions In paragraphs like mine To
do anything tike justice to-the subject
would require a review or a volume.
The minister from whom I have been
quoting asks, "Do we not sometimes
state the case as if declining to come np
to be prayed for, and rejecting Christ,
were one and the same thing?” Well,
I cannot say how it is now-a-days,
though probably Mr. H. knew what he
was writing abont. But this I know:
There is still living a prominent preacher
whom I used to hear when I was a boy—
never since—who was tn the habit ot
" stating the case as if declining to
implicit reliance, and unshaken faith.
This may be the ease, even though yes
are now what the world calls a wicked
man. If yon feel disposed fee respond to
the calls of ministers by making osrtaia
public demonstrations, do so aguisem,
without shame or fear of the world. K
you tail to do this, however, da not do-
spair. Do not voluntarily relinquish your
interest in God’s groat plan of salvation,
for no rnoaean takejJLfrom yon. Do not
set yourself down as aa infidel. No
man’s assertion can make yon one. God,
and not man, is to be the final judge.
It may be thongbt acreage that I
, should not send an article like this to a
religious journal. My reasons are vari
ous, but it is sufficient to say that through
the secular press I oan roach more differ
ent classes of people. Many persona
never read religious papers at all, aad oC
those who do, the Methodists generally
read only their own, the Baptists theirs,
tbe Presbyterians theirs, and toon; hat
all denominations and nearly all people
read the dailies, and this I consider auffi- -
oient for my purpose. H.
A. Fiendish Minister.
The trial of Rev. Mr. Lotbrop, of Am
herst, Mats., for cruelty to his family
was begun before the First Church ia
secret session, the accused. not being
present. The testimony" covered the
training of the three daughters from their
infancy up, and was of the most revolt
ing character, involving brutal hone-
whippings for trivial offences, systematic
starving, feeding of decayed’meat, and
positive dishonesty and faithlessness in
the family relations. The climax of this
family history was the determination of
suicide-last spring on tbe part of Mazy,
eighteen years old. The reading of a
letfer to her older sister to that effect
before the chnrch produced the profound-
eat sensation and malted many to tears.
Rev. Mr. Jenkins testified .to bow hd
saved the girl’s life by tbegr^stett efforts
and by finally taking her into hie' own
home. Her arms were found to be all
black and blue from reoentrbeatings, and
her clothing miserably insufficient, and
he induced her to promise not to taka
morphine as long -as she was cared for.
It was also brought out that - Mr. Loth-
rop’a threats to his relatives, who have
heretofore known of his inhumanity, have
kept the matter secret. The case is still
under investigation.
Bloodthirsty Preachers.
Pekin, III., September 25.—Quite aa
excitement exists here to-day, growing
out of the stopping over of some Metho
dist clergymen at the residence of H. P.
Westeman last night. The. Central Illi
nois conference of the' Methodist Episco
pal Chnrch is in session here, and some
twenty of the ministers are the guests of
Westeman, the chief of the whisky ring.
The Hayes and Wheeler Clnb, in full re
galia, with, torches aud music, marched
to the residence of H. P. Westeman last
night, for the purpose of giving the
ministers a serenade. In response
ter and* in*&1{8iafl^M!a. SgSug ^
boys in uniform to persevere in their
drill and exercise; that they had a great
worn w-~...»niuit which ought to be
performed peaeefaUy, Du. l« »—nofnl
work failed they would make good sol
diers. The editors of tbe Times, happen
ing to be present, came out in a supple
ment this morning, in whioh the offensive
preachers, with Mr. Westeman and the
whisky ring, were handled without
gloves. The qonaequenoe is that the Rad
ical party, some'of the preachers and the
whisky ring are in a' terrible stew, and
may probably make applications to Fath
er Taft for military sid to' suppress the
Times and ita backers. It is *Md the ring
is preparing a reply; if bo, the end is sot
yet. .:c.*sqir
Take Hint Down, Topeka*
Leavenworth, September 25.—The ;
Republican State penlral Committee will
meet at Topeka to consider the charges
against Geo. T. Anthony, candidate for
Governor of Kansas. One of these char-—- -
ges is that Anthony, while one of the ,
commissioners of the school fund of Or*
leans county, New York, appropriated to
to be prayed for, and rejecting Christ, I “■ _ ownQ ' e f ™ d ’
were cue iud the same thin*.” He did 1 Supreme CourtofNovr York rendered
judgment against jhia-bondsmen for
templated and that it u dependent upon
his agreeing to yield possession at the hia appearance in court.
were one and the same thing.” He did
not leave the congregation in the'least
doubt as to his meaning. All those who
tailed to perform the act, assume the at
titude prescribed by hiin, sometimes of
standing, again of kneeling at the altar
or their own Beats, were accused of say
ing, by their acts, that thoy "did not
need God’s mercy,” or they " did not
wish to go to heaven,” or they " rejected
Christ,” or they " wanted to go to hell,"
or something of that sort. Often have X
seen him clasp his hands, raise his eyes
to heaven and in the most—shall I say
solemn, or ituplons ?—manner, denounce
thoBe who declined to he drilled accord-
ingto his tactics.
He is an old man now. He has fright
ened me nearly out of my wits many a
-time, when I was a child, bnt I have no
harsh word for him; On the contrary I
hope his remaining days may be fall of
that peace wbich paiseth all understand-
$9,300, and that the judgment is still un
paid. The records of the court in this
matter are here in due form and will be
laid before the committee Another
charge ia that the Distriet Court of the
county of Leavenwoilh show a sun against
Anthony for obtaining consignments of
goods upon false representations, that he
tailed to pay therefor, that jadgment was
rendered against him for $10,600, and
that tbe judgment is still unpaid. There
are also other matters affecting the per
sonal integrity ot Anthony which will be
brought before the committee.
A Foregone Conclusion.
Baltimore Gazette.J
There never has been a donbt that
Babcock will be acquitted. It is a polit
ical necessity for the Republican party to
ingtandthat he finally reach that clear him. He knows too much. Grant,
heavenly rest whi<ft?bc has so often in- j insensible to puhlio scorn as he is, dares
vited others to seek^-that land of which
it has been said:
"Eye hath not seen it mv gentle boy!
Ear bath not heard its deep songs of joy.
Dreamt cannot picture a world so fair—
Sorrow and d.ai h may not enter there.
Time doth not breathe on its fadeless bloom.
Far beyond the clouds and beyond the tomb.
It is there, it is there my child."
I am well aware that I shall be misun
derstood by some. Nevertheless, I have
been so impressed concerning these mat
ters that I feel it a doty to write some
thing abont them. I am satisfied that,
not effend Babcock, dares not even to
abandon bim to justice. His trial will
be a farce. The jury is most securely
packed. Three of the twelve are ne
groes who have been in the servioe of the
District ring. They come pretty eheap.
There are also three cierks of the de
partments, who have their instructions.
Nearly all the others have in some way
been connected with Boss Shepherd aad
Ballet Kilbourne in their administration
w __ .of affairs. This ia the noble twelve, the
as Mr. H. says, in the Clrisfian Advocate,; Great Bulwark of Liberty and the Palla-
those who fail to go to the alter some
times feel a condemnation that the facte
do not justify. I am satisfied that many
are driven almost to despair ia this way.
I judge by observation and youthful ex
perience. I am impressed with the be
lief that almost all men. have the germs
of religion in their hearts, even though
dinm of Justice. They will not disagree,
as Harrington’s jury did, and let him es
cape; they are going to acquit him tri
umphantly. '
The Morton swell Hob.
There is nothing, says the Nashville
American, like the way the Morton gang
they themselves may not know it, be- . _ -. • ,. .. .
same they bave been incorrectly taught; ,n lodiana are rushing on their own de
ss to what religion is; bnt these germs i struction. They are committing soidde
should be carefnlly, gently—aye even ( with a vengeance. A mob of 2,000 from
tenderly mined, ina natural way, and not Indianapolis went down to fchelbyville,
attempted to be forced by a hot house , . i,,™ M Tftb»h*A
process of denunciation and threat*. I; ^trying along 600 negroes. If they had
believe, too, that many a poor, erring ; set out with the intention of showing the
mortal, becanse he fails to come np to ; good people of Indiana what Eort of thing
the standard he so often hears spoken of, negro rnle in the South is, they oould not
conolndes that hia case is hopeless, and have done it more effectually. They went
ceases entirely to try to do anything that down with arms and assaulted citizens,
is good. brake open saloons, helped themselves to
.Reader, if .you have the slightest trust whatever they wanted, and made them-
or belief in the merits of the blood of selves as intensely disagreeable as a
Christ; if you have the faintest hope drunken mob of ignorant negroes cam
concerning, or the most remote conception make themselves. There is nothing tho
of the existence of an all merciful being Democrats could better afford to have
who ia - ' (he Republicans do than to illustrate to
• By sstidf by savage and by sage adored.” j the Northern people negro role in the
eiing to it! Suffer not yourself to be , South. If they will swell their erowds
robbed of it—for yon need not be if yon with a similar mob at a few more points
will not. That small mustard eeedof be* 1 they will soareehr leave themselves %
lief may yet grow into a great tree ot decent white vote la the North,