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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,