The Augusta constitutionalist. (Augusta, Ga.) 1875-1877, August 31, 1875, Image 1

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TERMS OF SUBSCRIPTION. Baily—one year $lO oo „ six months 500 rp„ T thr ee months " 250 -I SI ,*. EEKLY-one year 5 00 six months " ” 2 so tv eekly—one year 200 “ six months too Single copies, 5 cts. To news dealers. 2J4 ets. Subscriptions must in all cases be paid in advance. The paper will be discontinued at the expiration of the time paid for. JAS. G. BAILIE, v FRANCIS COGIN, > Proprietors GEO. T. JACKSON, ) P Address all Letters to H. C. STEVENSON. Manager. Tuesday Morning, August 31, 1875. 1 he great theme of discord in Germany is of a religious character. Bismarck’s laws on the one hand and Roman Catholic indignation on the other keep things in a lei inent. It is a pity that brethren cannot dwell together in unity. “Our Barnwell Letter” contains many particulars of the threatened negro out break in Aiken, Orangeburg, Colleton and Barnwell counties. We are glad to learn that all is at p esent quiet, although unu sual activity has prevailed for several weeks among the colored militia of those counties. • Ax Creedmoor, N. Y., on Saturday, sev eral members of the Amarican Rifle Team were defeated in marksmanship by an out sider named Hepburn. What would John Bull have done had we sent our best rifle men to compete with him ? Well, he has whacked us at boat rowing and steamship building, and can afford to eat his beef in peace. What punishment is sufficient for a thief who attempts to rob an editor ? The folly of such a thing bears with it a serious pen alty, unless indeed the robber should de vote his attention to New York journalists, who are supposed to carry a bundle of greenback “rags” always about them. A case of this sort is recorded in our tele graphic columns this morning. Perhaps that basket of luscious South Carolina peaches was sent to the wrong office. They were glorious, they were greatly glorious, f hey were splendid, they were magnificent. We ain’t a bit sorry we didn’t think to divide. As to advising farm ers, we expect hereafter, as heretofore, to publish the best agricultural paper issued in this city. Old Father Spinner, now that lie has emerged from the beguilements of the pretty Treasury girls, has been talking finance at Utica, N. Y. He takes course between the contending factions, and shows that the men who are making a crusade against “rag” money, so-called, are playing with dangerous tools. The people are growing weary of being taxed to death for a few bondholders. Financiers in this country who attempt to rival the Rothschilds seem to forget that the members of that great firm are as particular in their investments as though they were conducting a corner grocery. They have nothing of the “ wild cat ” about them. Most of their would-be rivals run their banks and speculations like Helm bold ran his Hottentots and Buchu, and they invariably meet with Helmbold’s fate, or even worse than that. We are gratified to learn that Salem Butcher, Esq., of Augusta, has been re tained as one of the lawyers for the State in the insurrectionary cases. The law of insurrection, especially in Georgia, re quires both political knowledge and legal antiquarian accuracy and research. No better selection could have been made. With certain branches of the law not often investigated, but a mine of wealth to the scholarly professional man, Mr. Butcher is specially conversant. Perhaps no more interesting article will appear in to-day’s paper tlia* an obscure paragraph in the Georgia General News column upon the wonderful progress of this State since the war. At this rate of progress we will indeed soon forget there was a war, and what is more, our Northern neighbors will no longer look upon us as beggars. The prosperity of Georgia is truly mar velous. Let us rejoice and be exceeding glad, for our day is near at hand like unto that of the great nation when Augustine’s footfall e hoed through the corridors of Kou.e. Attempts are being made in San Francis co to fasten the disaster that overtook the Bank of California upon some of the news papers, whose editors poured hot shot into th ■ management of that concern. The San Francisco Examiner makes a noble and truthful defense of the press. No bank, or any other corporation, honestly and legiti mately conducted, need frar public or pri vate scrutiny. It is a pity, perhaps, that the attacks made upon the wild, reckless and gambling management of the Bank of California did not commence at an ear lier date. From all accounts Mr. Ralston was a Napoleon of ii nance; but Napo leons of all sorts, who rise to fame at oth er people’-i expense and to their great det riment, always end in disaster and disgrace. Men, in any avocation, who seek to be “ Napoleons,” should remember that they will surely have their Moscow, their Wa terloo and Sedan. The good, old-fashioned stylo of doing business was the better plan, for the substantial prosperity of the indi vidual and the happiness of the public gen erally. Now that Turkey and Herzegovina have both rejected outside intervention, we may look for some lively hostilities. It is a shame that four millions of Mohamme dans should play f the tyrant over eleven millions of people belonging to a different race and different religion. One of the great advantages possessed by the insur gents is the bankruptcy of the Ottoman Empire. According to Karl Blind, Tur key has no security left for a loan but the bracelets and bangles of the seraglio. The New York limes shows that this effete power "is sustained by that pub lic opinion of Europe which protects the holders of Turkish bonds, and by that an cient superstition which teaches European diplomatists that'Constantinople Is the gateway to India. If it were possible that a Serbian or Selavic Empire, extending trn>ni the Adriatic to the Danube, should spring out of the political chaos in Turkey, European diplomacy would be appalled.— If, as a consequence of such a change on the map, the remainder of the Turkish em pire should crumble, as it must do, we should expect that three or four great pow ers would instantly assume an offensive at titude. Christian nations maintain Mos lem supremacy in European Turkey. What with an interest in the bonds of the mori bund State, and fears of the consequences of a division of the dead man’s effects, these nations agree to keep the invalid alive.” The same paper adds: “Never theless, the end must some time come. The new Christian empire south of the Danube may not now arise. It is pos sible that another Turkish loan may be ne gotiated. It is likely that the Sultan will inake terms with the insurgents; but these things must be accomplished by the aid and active interference of Christian govern ments. The money must be borrowed in London, Frankfort and Vienna. England, Russia, Germany and Austria will prescribe conditions of peace in Herzegovina and Bosnia, just as they did in Montenegro, and just as they secured for Servia that quasi independence which now excites the envy of neighboring dependencies of Turkey. After all, it is only a shadow which re mains of Turkey. Christian nations light its battles and decide when peace shall be proclaimed. It does not much matter what formal steps Turkey may take in the trou- Ylesof the Christian provinces. The real power felt there does not reside in Constan tinople.” ©)C (Aupsfo | Constihrticmiilist Established 1799. THE INSURRECTION. Legal Proceedings—A Crowded Court House —Lawyers Employed. iSpecial to the Constitutionalist | Tennille, Ga., August 30. The Court House was densely crowd ed with whites and negroes. The law yers are : For the State —Attorney General Hammond, Solicitor General Robison, W. H. Wylly, Esq., of Sanders ville, and Salem Duteher, Esq., of Au gusta ; and for the defense—Ex-Unit ed States Attorney General Akerman, (who has not come), J. H. Gilmore, S. G. Jordan, E. S. Langmede, B. D. Evans and Thomas Evans, Esqrs., of Sanders - ville, and J. M. Stubbs, Esq, of Lau rens county. Akerman appears for Cordy Harris and all not represented by the other attorneys. Nothing done beyond charging the grand jury. JUDGE JOHNSON’S CHARGE. Mr. Foreman and Gentlemen of the Grand Jury: Having been properly advised that a plot of insurrection, conceived and framed by a portion of ttie black, for the indiscriminate murder of the white people of this and other counties, has been detected and ext osed and that many have been arrested upon the charge of com plicity with the horrid design, 1 have called this special term, under the 3245 section o f the Lode of Georgia, for the purpose of a full investigation and the trial of those against whom, if any, bills of indictment may be found by your body. Before enter ing upon the task before you, 1 will submit to you a few remarks which may enable you to perform it intelligibly ami in the proper spirit. Under our Code (section 4315-6) you have Ihe definition of insurrection and the at tempt to incite insurrection, as follows : “Insurrection shall consist in any combined resistance to the lawful authority of the State, with intent to the denial thereof, when the mme is manifested, or intended to be manifested, by acis of violence,” and “any attempt, by persuasion or otherwise, to induce others to join in any combined resistance to the lawful authority of the State, shall constitute an attempt to incite insurrection.” Under the 4,317 th section of the (’ode, the penalty for either is declared to be death, unless the jury trying the ac count recommend him to mercy, and then the penalty is confinement in the peniten - tiary not less than five nor more than twenty years. You perceive from these definitions that a single individual cannot commit insurrection, The crime, from its very nature, requires the joint action of two or more. But one person can commit the crime of attempting to incite insurrec- tion. The task before you is now to enquire diligently into the matter of this allegen insurrection in order to ascertain (1) wheth er there has, in fact, been any insurrection, or any attempt by any person to incite in iusuirection, and (2) to indict, by bill or presentment, such persons as you shal. find to be implicated therein. It is import ant for you to know upon what testimony it will be your duty to find true bills or to make presentments. On this point let me impress you: First—That you are not authorized to lind a true bill against, nor present, any one upon mere suspicion. You must be governed by proof. Secondly—'l hat you are not authorized to iind a true bill against, nor present, any one upon mere rumor or heresay testi mony. The law presumes every one to be inno cent until lie is proven to bo guilty, and the humblest as well as the highest citizen is entitled to the benefit of this presump tion. No one can be put in jeopardy of life or liability upon mere suspicion, or rumor, or heresay. But while I thus instruct you, you are not to infer that the law requires positive ad irrefragable proof o*‘ guilt in order to justify you iu finding a true bill against, or presenting, any one for the commission of crime. For it is not your province to try parties and decide finally upon/heir guilt, or innocence. That responsibility is de volved by law up na petit jury. Investi - gations before you are ex pat te —you hear but one side of the case—that is, such tes timony only as may be produced by the prosecutor or informer. Hence it is impos - sible tor you to say whether a party is ac tually guilty or not. All you can do is to find from the testimony before you, as a grand jury, you believe the accused to be guilty, in that case, it is your duty to find a true bill or to make presentment, So far from trying parties yourselves, it is for you to say whether they shall be tried. If the evidence adduced before you leads you to believe that the party is guilty you should find a “true bill,” or make present ment, and thus decide that the accused shall be put on trial; otherwise, you wit find “no bill," which simply means that the presumption of innocence in favor of the accused has not been removed or rebutted that you do not believe he is guilty, and therefore he is not to be tried for the al leged offence. Now as to tho amount of proof necessary to show a prima /act; case of gu.lt, 1 can give you no definite rule. Each case must 'stand upon the testimony, viewed in con nection with its attendant circumstances. But in all cases the proof must be sufficient to satisfy your consciences and judgments that the accused according to that evidence is guilty. On this point there is quite a conflict among the authorities. On the one hand it has been contended that the grand jury should be satisfied of the guilt of the defendant. On the other hand, it has been insisted that in case there be “probableevi dence the grand jury should find tho bill, because it is but an accusation and the party is to be put upon his trial afterwards.” In my judgment, the safe and true rule is this: Suppose you were a petit jury trying the defendant, if the evidence before you as a grand jury be such that if unexplained or uncontradicted you would find him guilty, then you should find a true bill. To this, as well as to all other questions, three kinds of evidence are applicable, to-wit: direct, circumstantial and presumptive. Di rect evidence is that which immediately points to the question in issue. Crcum stantial evidence is that which only tends to establish the issue by proof of various facts sustained by their consistency with the hypothesis claimed. Presumptive evi dence' consists of inferences drawn by human experience from the connection of cause and effect, and observation of human conduct. In applying these various kinds of testimony to the cases before vou you should first determine whether there is sufficient direct testimony, unexplained and uncontradicted, to show that the ac cused is guilty, if so, lind a “true bill.’ Or, if there be no direct evidence, or, if any, not euough, inquire whether there have been facts proved which by their consist ency with the hypothesis of guilt tend to establish the guilt of the accused, and sat isfy your consciences and judgments tha - : according to such evidence, uneontradicted and unexplained, he is guilty. If so, you should find a “true bill.” Or, if there be no direct evidence, nor enough, in connection with the circumstantial, to make out a case of guilt, then inquire whether, from all the evidence, both direct and circumstantial, the necessary inferences drawn from hu man experience, from the connection of cause and effect, and the observations of human conduct, uncontradicted and unex plained, you are satisfied of theguiit of the accused. If so, you should find a “true bill.” On the other hand, if neither the di rect, nor the circumstantial, nor the pre sumptive, separately considered, nor all these three kinds of evidence combined be sufficient to satisfy’ your consciences ari l judgments of the guilt of the accused, it will be your duty’ to return “no bill.” You have all served as Grand Jurors be fore this, and you have been instructed by the charge of Court as to y’our duti- s.— Hence wnat I have said may be unneces sary. But in view of the gravity of this occasion, and being animated with an ear nest anxiety for you to do what is right, I feel constrained to impart to you these special instructions that y’ou may act un derstandingly. And now, gentlemen, I will submit to you a few remarks in relation to the spirit and temper in which you should conduct your investigations. The phraseology of the oath you have just taken is pregnant with instruction. You have sworn that “y’ou will not present any one from envy T , hatred, or malice, nor leave any one uupresented from fear, favor or inward or the hope thereof, but that you will present all things truly and as they come to your knowledge ” This language addresses your moral sense and binds your consciences to the throne ol eternal justice, whilst, by it, you call upon the Supreme Being to witness the solemn obligation into which you have entered.— Then, the spirit that should animate you is that of strict impartiality and fearlessness. Ordinarily, this admonition ivould per haps be unnecessary. But the circum stances which have brought us together are well calculated to excite the indignation of the most prudent and self-possessed. It is impossible to contemplate with compla cency a plot for wholesale, indiscriminate and secret murder of one race by a part of the other race, which two constitute the elements of our social organization. It is difficult to suppress a feeling of vin dictive revenge against those charged with thus plotting bloodshed and slaugh ter. But you and I are here in a ju dicial capacity, to administer justice according to law, and not according to human passions. We must not permit ourselves to be sway’ed in our conduct by any angry impulse, however natural; nor our judgment to be warped by the rumors which may have been circulated in refer ence to the alleged insurrection. We are sworn to impartiality; we are sworn to ex pel from our bosoms every feeling of ha tred, or malice, or revenge; we are sworn to bo guided by the light of truth aud to enforce the law just as it is. Those who are alleged to have concocted this plot of insurrection are colored people, lately the slavesof the white race. This f.ct is ealeulated to inflame the indignation of the latter, and intensify their feeling of inse curity. But we must watch ourselves on tiiis point. They are free, and entitle ito a fair and impartial trial. Tho law throws over both races the same and equal pro tection. Nor is this any new feature in our Code. It is not the fruit of emancipation. Even when they were slaves they were shielded by law. and could not be punished for violations of tiie criminal Code without a fair and impartial judicial trial. In this respect emancipation has conferred on them no new boon, nor imposed upon the whites any new obligation. Then, gentle men, iu your investigations ignore the fact that the accused are negroes; ignore the fact that they were ever slaves. Beal with them as free, and as if they were white, and award to them their full legal right to your impartiality. Let it be our conscien tious resolve to afford them—that is, those against whom, if any, you may find true bills or make presentments—a fair trial ac cording to that law of our State to which all are alike amenabie. In every community—and, gentlemen, Washington county is not an exception— there is a considerable number of men who, under circumstances like those we are considering, are disposed to adopt extreme measures, and some will go 1 ven so far as to advocate summary punishment irre spective of the lorms and principles of law. Fortunately in this instance (and it should be recorded to the honor of this county, as well as of all the other counties embraced in the supposed insurrection) not a gun has been fi ed, not an act of cruelty or vi olence has bee a perpetrated by those who were to be the victims of the alleged plot. Such forbearance, under such circum stances, is perhaps without a parallel. It ought to acquit us of the untrue and un kind imputations by those to whom the facts are not known. But, gentlemen, I am now speaking of those among us (if there be such) who may feel impatient of the restraints of law, aud who would coun sel extreme and summary action. They may disapprove of much that may be done here. They may complain if you should ignore bills of indictment that may be preferred, or fail to present any who are supposed to be implicated. Remember that you are sworn to act without fear. Disregard outside influence and outside clamor. Shrink not from duty. Follow where truth and justice and law lead, and time will vindicate your recti tude, and in the end your course will re ceive unanimous approval. Duty, impar tially performed,imparts consolation more precious than rubies; but disloyalty to truth and right leaves in the soul a sting that is akin to 1 he “,-econd death.” There is another class of censors—not of us or amongst us—who impute the whole of this grave affair to the machinations of bad white men, who desire to bring about a collision between the races, that the whites may have a pretext for murdering the blacks. This is contradicted by the fact that throughout the whole affair not an act of violence has been perpetrated against a colored man. But Ido not allude to this calumny for the purpose of refuting it. The investigations on which you are about to enter will show whether or not it is a scheme concocted by white men for any such brutal purpose. But I refer to it to admonish you not to be influenced by it in any wav or to any degree. Let it not ex cite your prejudice against tho black race, nor incline y u 10 shape your actions with a view of conciliating our maligners. Be firm and true to your duty. Ignore every consideration calcula ted to divert you from the path of inflexi ble rectitude. The innocent should not be prosecuted, much less punished; but the guilty must take the consequences of their conduct. It is of the utmost importance that we adhere to the law—follow the law— conform to tho forms and principles of law. The law is our sheet anchor. Its mission is to protect property, life and liberty. It guaids with flaming sword the hovel as well as the palace, and throws its tog is over tho poor as well as the rich and the mighty. Without law anarchy and revolu tion must reign and society recede to the darkness and cruelty of barbarism. Its su premacy must be recognized aud main tained; aud this implies not only the en forcement when violated but also a cheer ful obedience to it by all. Voluntary obe dience to wholesome laws is the very es sence of liberty, and the most distinguished characteristic of a good citizen, aud their firm aud impartial enforcement, when vio lated, by a pure and intelligent judiciary is the very essence of good government. Then, bowing before the majesty of the law, let us hold the scales of justice with steady hand and unfaltering purpose. FINANCIAL. Gen. Spinner Gives Ilis Views—His Conservative Course —“Rag Money,” So-called, Good Enough for Him— How the People are Bamboozled. Utica, N. Y., August 30.—Gen. Spin ner has been interviewed. He ex pressed himself freely on the linancial question, and gave his theory as that of an incontrovertible bond bearing in terest at the rate of three and sixty five hundredths per cent.; not Judge Kelley’s paper bond, but one bearing interest in gold, and capable of being honorably and easily substituted for our Government sixes. Ho denied be ing an inflationist, in any sense of the word, but said that, on the other hand, he was no bullionist, and agreed with nobody who describes and derides our present currency as a “ rag ” currency. He ascribed the apparent unpopularity of such a bond to the efforts of the banks to becloud and deceive the peo ple with regard to its purposes and ef fects. He predicted a time when their reasons and false promises would be understood and the people would take the matter into their own hands and demand legislasion that was in their interest. The effect of such a bond as this, General Spinner said, had been studied out by him in all its ramifica tions, and he was not only convinced that it was a safe and wise measure for Congress to eaget, but that it was the only one possible whereby to achieve a stable, equitable and permanent financial basis for the Government. He did not believe that there was much significance in the attitude of the two political parties in Ohio on the finan cial question. Neither of them under stood what they were quarrelling about, and each was trying to throw more dust than the other ; but he did believe the financial issue a live one for all that. It was the issue about which the people thought the most, and upon which they most demanded light and right action. Buffalo, August 30.—John S. Gason, President of the Buffalo (N. Y.) and Erie Bank, is dead, aged 73. Raleigh, N. C., August 30.—Mayor J. H. Separks, of this city, died this moruing of pneumonia and erysipelas, after a brief illness. He was esteemed by all parties. His death was a shock to the community. The funeral will take place to-morrow, AUGUSTA. GA.., IjUESDAY, AUGUST 31, 1875. HARD HONEY SMASHES. A “RAG MONEY” TIDi|L WAVE. Montreal Merchants Goinj; Under- Ralston’s Affairs in a Tem’ible Con dition—An Unnatural Cali i—“ Whis tling in the Graveyard”—ihe Pulpit on the Bead Dev eloper. J Montreal, August 30.—Fourteen dry goods firms were compellefl to make arrangements with creditors*during the week. r San Francisco, August 29.-J-Althgugh the Directors of the Bank ofiCalifornia, as a Board, have persistently refused to make public any of their proceedings to-day, some facts have ti-s evening been obtained from individual mem bers. In view of the recent calamity which has overtaken Ralstoii the Board have declined to make |ublic any discovery they have made until after the funeral, wlierl startling disclosures are promised, lit was ad mitted by a member that fhey would not have asked Ralston’* resigna tion unless grave facts regarding his management had come to Hight. All the Board agreed he mus| leave the concern. It was also practically ad mitted that the bank could &ot pay de positors in full—perhaps about eighty pier cent. As regards what* has been said of the influence extended by the Call and the Bulletin in thei* strictures upon Ralston in causing tfie crash, it was also admitted that the ijicts prove these strictures to have *been well grounded, and that they could have had no bad effect upon the bank had it not been intrinsically weak. I The gen tlemen interviewed were cisposed to be very reticeut, but the aftove state ment can be received as at): unwilling expression of facts. $ Except in Los Angelos, wl|ere all the banks are temporarily suspended, the Bank of California failure! does not seem to have effected the inferior. The city to-day has resumed its wonted quiet, the excitement of the last few days having died tout, and a general feeling of confidence has fol lowed in banking circles. ]£o further concern is apparently felt. U’he secre tary of the Merchants’ Exchange Bank, in an interview to-day, state* that the bank will resume in the moiling with out doubt, the transfers* from the United States Treasury ant* coin col lected from local sources having placed the institution iu a condition to go on as usual, aud no run is anticipated to morrow beyond what may I*3 expected in tho usual course of business. Tho only other suspended bank?the Bank and Trust Company, report* favorable progress, but will not open l*>r several days yet. To-morrow is general col lection day, but it is confidently be lieved that it will pass withojit any fur ther suspension ; the larger Proportion of the mercantile communit j being in a condition to satisfy all diftnands on presentation, aud a general disposition evinced to render aid and ext ension to those who need it. In the citjy churches to-day the attendance wasi unusually large, dra.vn by memorial sermons de livered iu many of them on ithe death of Mr. Ralston. The genera*! tenor of the discourses was eulogistic of the popular, able and generous character of tho deceased, with due considera tion in regard to the errors of his course. The funeral takes? place to morrow. i Tlie Influence of tlie Press its Exposing Financial Rottenness, San Francisco, August 30.-i The Dem ocratic organ iu this city, the-. Examiner, referring editorially to the: efforts of several ring journals to charge certain independent newspapers with the re sponsibility for the recenj financial t rouble, by their criticisms of’-the course and conduct of Mr. RalstLn, says : “ We do not believe these r’ssaults on Mr. Ralston, and his contemplated schemes caused the suspension of the Rank of Califordia. That c: ncern was wrongly conducted, aud it reached the conclusion which befalls al| misman aged institutions of like character. But if the journals named are justly charge able with the suspension ol the bank, they deserve credit therefor ’ Tho rot tenness of its condition copld not be exposed too soon. While We sympa thize with the losers by its failure, it is better for the public that n,he crash should come before hundreds of our fellow-citizens became involved in ruin.” Two Bauks Fail to Resumfc—Throw ing Tubs to tlie Whale, San Francisco, August 30.- The Mer chants’ Exchange Bank did not open to-day, in violation of a positive as surance on the part of thefsecretary. The officers apparently are dess confi dent of immediate resumption. The National Gold and derust Com pany Bank is still closed, officers are unable to state when tl f -y will re sume, but say the outlook icjfavorable. Merchants Going to Protect—Attach ing Bank Property in Ne>r York. San Francisco, August 30. —A num ber of cases were reported; to-day in which commercial paper ha's gone to protest, in some instances of prominent firms ,;but as no disposition iit shown to take any action on protestl or push endorsers, in a majority of qises notes have been partially paid anfl renewed. New York, August 30. —Judge Brad ley, of the Supreme Court, granted an attachment on the property of the Bank of California in this State, to re cover $15,000 deposited with |hat bank. Mysterious Gold Transfer, naif a miilion dollars ini gold was I transferred by the sub-tresjsury here to-day to banks in addition |o amounts previously reported, but ijj was not stated to what banks it has j|one. Minor Telegrams, Long Branch, August 29. — {Articles of j agreemeut have been signed between Johnson, the English champion, and Andrew Frantz for $2,000 .'Did cham pionship of the world, to a match in the ocean, a distance of jKlvo miles, within ten days from date. ) Lawrence, Mass., August 30.—The Atlantic Mills resumed ajter seven weeks’ idleness. They employ 1,000 hands. | Montreal, August 30.—(general W. T. Sherman, of the United states, and family are here. Chicago, August} 29.—Dr. A. K. Pat terson, in charge of the asylum where Mrs. Lincoln is confined, writes to the Tribune denying the receuf statement that he has given a certificate that she should be discharged. He oidsay that under certain circumstances it might be safe for her to visit he| sister at Springfield, but she is at p&sent more perturbed in mind than whet) he made the statement to her son. \He denies the story of her being locked up, She receives visitors and has bpe use of a carriage to visit her friends in Batavia. San Francisco, August 30. -The Dep uty Collector at Antioch, Contracosta county, seized Jost’s distillery and 26,- 000 gallons of spirits, valued at $50,000, on the charge of illicit manjluacture of whiskey, j FOREIGN DISPATCHES. WARS AND RUMORS OF WARS. Another Revolution in San Domingo— The Tripoli Trouble—Servians Help ing llerzegovna—Troops for Cuba —Khokand Rising Against Russia— Details of the Capitulation of Seo de Urgel. Havana, August 29.—Another revolu tion has begun in Santo Domingo. Ex- President Baez has been proclaimed President by the revolutionists. The cities of Santo Domingo aud Puerto Plata remain loyal to President Gon zales. Captain General Valmaseda has sent a Spanish war vessel to protect the Spanish citizens of Santo Domingo. London, August 29.—The United States steamer Congress arrived at Malta to-day, and proceeded to Corfu and Venice, after landing tho American Consul at Tripoli and his family. Their absence from Tripoli is deemed expe dient, lest new and unpleasant inci dents arise. Bagusa, August 29.— One thousand Servian volunteers, under the leader ship of Zures, have entered Herzego vina. Mehemet Ali has been recalled by telegraph, aud has returned to Con stantinople. It is rumored that an In surrection has broken out iu Albania. Madrid, August 29. —The Ministerial ■Council have decided to send 12,000 troops to Cuba by September 29, and 10,000 more in October. Transports to convey them have already been char tered. Paris, August 29. — It is semi-offici ally announced here that iu conse quence of the unanimous wish of France there is now reason to hope that the Catholics of Germany will make no pilgrimage to French terri tory. London, August 30. —A Berlin dis patch to tlie Times says a body of Rus sian troops have taken the field against Khokand. The insurrection has spread to the southern districts and Russian Turkistan. The town of Khojerd is in tho hands of the insurgents, whose priests are proclaiming a holy war against tho infidels. A Beilin dispatch to the Daily News says the Herzigovinian insurgents re ject the advice of European powers to suspend hostilities. They demand in dependence of Bosnia. A special dispatch to the Daily News from Bourg la Dame says a formal surrender of Seo de Urge! occurred on Friday. The citadel was handed over to the Alfonsists Saturday. Fifty Car lists were killed and one hundred wounded during theseigo. Eight hun dred prisoners were taken, including three officers. Gen. Joveilar has asked permission to return to Cuba. He considers his presence here no longer necessary. The Turks in Mostar —The Servians Invade Turkish Territory—Active Warlike Preparations—News from the Polar Expedition Garibaldi 111—The Lord Mayor of London Re ceives a Papal Order. Vienna, Augusta 30.—Three battal ions of the Turkish expedition which landed at Kleck have reached Mostar, the capital of Herzegovina. They met with no opposition on the march. Four thousand Servians have entered Turkish territory and eucamped at Novi, where they have seized the tele graph lines. Bauds of Servians have appeared in the Balkan Mountains, en deavoring to excite Bulgarians to rise against the Porte. London, August 30.—A Berlin corres pondent of the Times telegraphs that Northern Bosnia is involved in rebel lion against the Porte. The insurgents of Herzegovina have established a na tional government in Montenegro and Servia and are actively preparing for war. The official press of Montenegro does not conceal its sympathy with tho movement. London, August 30.—Late advices from the Government Polar Expedition have been received from West Green land. The Alert and Discovery had ar rived at Disco after a pleasant passage from England. Both sailed from Rit tenbenk, July 17th, for Upernavik. All on board were well. Preparations have been made for pushing on as far north as possible in the Alert, and for sledge expeditions beyond to the pole. Rome, August 30. —Gen. Garibaldi is at his home iu Caprera, where he is confined by illness, resulting from over work on his scheme for the improve ment of the Tiber. Dublin, August 30.—The Pope has conferred the grand cross of the Order of St. Gregory on the Lord Mayor of Dublin. Bosnia and Servia In a Blaze of Re volt— Monienego to Join in the Fray —A Great War Imminent. London, August 30.—A special to the Times, from Berlin, says there is no doubt tliat all northern Bosnia, along the river Save, is iu full rebellion. Fugi tives who have sought safety on Aus trian soil number 8,000 and are mostly the wives and children of rebels who have deserted their villages and made for the hills. In Herzegovina the in surgents have formed a national gov ernment, under Lynbobratich. Insur gent leaders have been assured by their Montenegrin friends that very shortly all Monteuego will come to their assist ance. Iu Servia military preparations continue. At Belgrade the war office has ordered the arms aud accoutre ments of the militia, including surgical apparatus, to be made ready for imme diate inspection. Servian militiamen have been directed to provide them selves with three days food should they be called out. Provisions are be ing stored in fortresses and arrange ments have been made to seize all the horses in the country. The Troubles of Don Carlos. Rome, August 30.—The Voce Della Verita says, editorially, the capitulation of Seo de Urgel may determine Don Carlos to disband his forces and await a more favorable period to renew the struggle. Madrid, August 30.— 1 t is officially announced that Quintinalla’s band of Carlists has been completely routed near Santander. Conflicting Accounts from Montenegro. Berlin, August 30.—The steady growth of the rebellion may be in ferred from the following possage in the Montenegrin official journal, the Glas-Cerenagorza: “The insurrection is fast assuming formidable dimensions. Symptoms of serious designs multiply. Men are yearning for war, and oily tongued diplomacy is impotent to pre vent them this time. The insurrection is sure to result in emancipation. Not the rulers but the nation will decide what is to be done. If the rebellion be comes general, Servia and Montenegro will not be idle spectators. Now or never !” Vienna, August 30.—The Correspon denz says Montenegro has completed negotiations with Turkey, by which the former binds herself to remain neutral between Turkey and Herzego- vina in consideration of certain terri torial concessions. Cable Speculation—lnternational Law. London, August 30.—Shares of the United States Direct Cable Company to-day advanced one shilling, on a ru mor that the Faraday had succeeded in repairing the cable. Shares of the Anglo-American Company declined two shillings. The Hague, August 30.—The Insti tute of International Law has approved the three rules of the treaty of Wash ington as a basis for defining the du ties of neutral States. The Dundee Strike —Cardinal Mc- Closkey and Other Cardinals. London, August 30. -The strike of mill operatives in Dundee, which began July 28, continues, but it is believed to be nearing the end. Negotiations are in progress for a compromise, and a satisfactory result is expected soon. Rome, August 30.— Cardinal McClos ky is expected to arrivo at Rome on September 4th. He will only receive the ring and the titles pertaining to his new dignity. He will* not receive the hat, because its investiture would en tail a grand public ceremony. The following Prelates will be created Car dinals at tlie next Consistory : Autici, Mattei, Pacca, Randi, Siineoni, Vitel lesclii and the Archbishop of Rennes. The Carlists Discouraged. San Sebastian, August 30.—Intelli gence from Tolosa is to tho effect that the Carlists are greatly discouraged.— Don Carlos is at Durango. CRIMES AND CASUALTIES. Robbing an Editor—A “ Crooked ” Treasurer—Conflagration—Tremen dous Rain Storm. New York, August 29. —This morn ing a burglar entered tho residence of Win. Young, managing editor of the New York Sun, at 239 Dean street, Brooklyn. Ho found his way to Mr. Young’s bed and chloroformed both him and his wife. While the bur glar was searching through the room, Mr. Young recovered consciousness aud gave the alarm, but the burglar es caped with only fifty dollars, which he found in Mr. Young's pockets. Trenton, N. J., August 29.—The Gov ernor h is been here all day in reference to the defalcation of the State Treasur er. The amount of the defalcation is certainly sixty thousand dollars. There is some talk of an extra session of the Legislature to appoint anew Treasurer, and another idea is that the Treasurer may resign, aud in that event the Gov ernor can appoint anew one. New Rochille, N. Y., August 30. Six business houses were totally burned here this morning, entailing a loss of about $50,000. Insurance small. Washington, August 29. — There was a heavy rain storm here to-day, two inches and eighty one-hundredths of rain having fallen between 7:35 this morning and 4:35 this afternoon. The rain at no other point in the country during the same time exceeded the fourth of an inch. There was consid erable damage to property all over the city, particularly on Pennsylvania ave nue. A Kidnapping Case—Horrible Death of a Colored Minister—Gunning for Cats Causes the Death of Two Girls. Philadelphia, August 30.—Wm. West ervelt was arraigned on an indictment for kidnapping, conspiring to kidnap, conceal and extort money in connection with the Charlie Ross affair. The panel of the jury is progressing. Long Branch, August 30.—Rev. Wm. Vandev'ere, pastor of the Shiloh Pres byterian Church, colored, of New York, was run over by a coal train, cut in two, and horribly mangled. Boston, August 30.—Yesterday, at Hopkinton, twenty miles from Boston, a boy named Morris Ryan, aged 16 years, started down stairs with a load ed gun, intending to shoot a cat, wheii his sister Mary, aged 15, who desired to savo the cat’s life, caught her broth er by the shoulder to pull him back. At tiie same moment two other young er sisters came to the head of the stairs. In the scuffle between Morris and Mary the gun went off, killing Mary and one of the other sisters. A third sister was wounded in tho arm and Morris was wounded in the leg. Spontaneous Combustion—A Religious Murder—Tramps on tlie Rampage- Fatal Duel in the Dark, Jersey City, August 30.—A factory of gun cotton anil chemicals exploded, it is supposed, from spontaneous com bustion. Columbus, 0., August 30.—Jas. Dunn, Catholic, and Robert Coulter, Protest ant, had a heated religious discussion. Coulter shot Duun fatally and escaped. Elizabeth, N. J., August 30. —Seven- teen tramps, who were locked up Fri day night, threaten vengeance. They burned three houses on Sunday. Waco, Texas, August 30.—A duel oc curred last night in tho dark, between Chas. Carrick and John M. Turner, at a distance of four feet, with six-shoot ers. Three shots were fired. Turner was killed. The quarrel arose from a trivial matter. Arrest of an Assassin. Memphis, August 30. —Aleck Stephen son, the negro who assassinated James H. McNeill last Friday, near Scanlan’s Landing, Arkansas, was arrested and committed without bail, he having been identified by McNeill’s hands as the ne gro seen escaping when the shot was fired. It is believed Stephenson was instigated to kill McNeill by other par ties. ECCLESIASTICAL. A Triangular Controversy Between Bishop, Priests and People. Louisville, August 30. — Within the past week considerable commotion has been created among the Catholic clergy and laity of the Diocese of Louisville, growing out of the removal by Bishop McCloskey of Rev. Father Bax, Pastor of St. John’s Church, of Louisville, and his transfer to Bowling Green, Ky., in place of Rev. Father de Vries, who was ordered to Hardinburg, Ky. Father de Vries refused to go, and appealed to Rome, which action, and other circum stances of a rebellious character con nected with the removals, caused Bish op McCloskey to depute Very Rev. Father Blanchet, Vicar General, and Very Rev. Father Dunn, Chancellor, to proceed to Rome for the purpose of representing him, and they are now on their way there. St. Johu’s congrega tion made an appeal to the Bishop to rescind the order removing Father Bax, but without effect. In order to allay what threatened to become a public scandal, Bishop McCloskey concluded, although contrary to usage, to explain matters from the pulpit yesterday, de fending his action, and assigning as the cause of the trouble that Father de Vries had refused to furnish the yearly report of the financial condition of his parish, for which he was removed to another parish. New Series—Vol. 28, No. 22. THE BANK OF CALIFORNIA. History of the Bank—lts Connections —Operations of the Bank and its President. The Bank of California, whose sus pension has been announced, was at the head of the fiscal institutions of the Pacific coast. It was organized in July, 1864, under the laws of California, and had at that time a capital of $2,000,000. This has since been increased to $5,000,- 000, on which sum a regular monthly dividend of one per cent, was paid. The bank is understood to have had very large reserves. Its list of officers and stockholders includes the names of many of the leading citizens of Califor nia, and its influence extended to every part of the country. Its foreign rela tions are also unusually extensive. It has correspondents and drew directly on London, Dublin, Paris, St. Peters burg, Amsterdam, Antwerp, Hamburg, Bremen, Berlin, Leipsic,‘Vienna, Frank fort-on-the-Main, Copenhagen, Stock holm, Christiania, Goteborg, Locarno, Melbourne, Sydney, Auckland, Now Zealand, Hong Kong, Shanghai and Yokahama. The following are the principal agents of the bank: In New York, Ludlow & Cos.; in Boston, Tre mont National Bank; in Chicago, the Union National Bank: in London, China Japan and India, the Oriental Bank Corporation. In addition to these the bank has agencies at Virginia City and Gold Hill, and correspondents in all the principal mining districts and interior towns of the Pacific coast. The Presi dent of the corporation was \V. C. Rals ton, and the Cashier, Thos. Brown. As tho bank was concerned in a great variety of industrial enterprises in Cali fornia and the adjacent States, the im mediate effect of a suspension will be most unfortunate. In various ways the policy of the institution has been one of encouragement of the young industries of the State. With an astonishing com mand of the details of business, Mr. Ralston, the manager, has taken an in terest in every scheme that promised to aid the commercial prosperity of the Pacific coast, and yield a fair return on an investment. Among the recent in vestments of Ralston was the Palace Hotel building, San Francisco, an enor mous structure, said to be the largest hotel in the world. This caravansary, to cost about $2,000,000 when finished, was to be ready for guests on the Ist of October next. Mr. William Sharon, United States Senator from Nevada, re cently purchased Ralston’s interest in this enterprise. Whether justly or not, the bank, or its managers, has been re puted to be engaged in a vast number of mining schemes, some of which have been costly and unprofitable. The prin cipal stockholders, however, are men of great wealth, and their assets, aside from any interest in the property of the bank, must amount to many millions. Although the hand of the manager was felt everywhere, it is supposed that he was not largely interested in the recent “bonanza” mining excitement in Cali fornia and Nevada, though it was impossible that that strange move ment should not affect the affairs of the bank. The master spirit of the Bank of California was William O. Ral stou, one of those keen, restless, “kings of business,” who make their mark wherever they go. Until within a year or two Ralston was cashier of the bank, and D. O. Mills was president. At the retirement of Mr. Mills, the cashier was promoted to the head of the institu tion. Visitors to California, if promi nent men, whether lawyers, lecturers, editors. Congressmen, distinguished foreigners, financiers, or business men, did not consider that they had seen the institutions of the country unless they had visited the magnificent bank buiiding, and had been entertained at the princely country-seat of Mr. Rals ton, at Belmofh, in the Santa Clara val ley, not far from San Francisco. The famous financier was a quick, alert man, of few words and decisive character.— His dispatch of business was something marvelous, and the popular belief in his infalibility amounted to a supersti tion. His opinion of men, business pro jects, and in financial matters general ly, was considered conclusive. His personal power in the States and Ter ritories of the Pacific was great. The influence of the corporation of which he was chief officer was felt every where. California Speculations. The failure of the Bank of California, while immediately caused by a depos itors’ run, was directly the outcome of a conflict between two classes of Cali fornia speculators, one the Bank of California, headed by Mr. Ralston and Mr. Sharon, and the other headed by Messrs. Flood, O’Brien and Heydenfelt. The latter party have established a bank in San Francisco call the Bank of Nevada, with a cash capital of five mil lion dollars in gold, and a right to in crease to twenty millions. Incidental to this right have been the mining prop erties known as the Savage, the Cale donia, the California, the Ophir and the Consolidated Virginia. The three latter are known as the Big Bonanza mines, and the Bank of California partly obtained control of them. In getting this control the stock of the California was run up from 60 to 800, was then multiplied by five, which would make the highest price 160 ; it has since declined to 58. The Ophir stock, while they were getting control, advanced from 80 to 700, was multiplied by five, making 700 represent 140 in new stock ; it has since declined to 46. The Consolidated Virginia, during the progress of getting control, advanced from 86 to 780 ; it was yesterday 267. The losses on these speculations are typical of other transactions, and throw light on the causes of the impairment of the credit of the bank and its break down. The operations of the bank in the hotel line are too well known to need mention. That the bank has been strained of late and pinched has been evident to bankers here, who have shunned their bills, from the fact that in the past sixty days most of the bills offered in this market have been those of other institutions, indorsed by the Bank of California. The inference has been that the Bank of California had hypothecated securities with those who lent their bills, and that this borrowed exchange was used to obtain funds needed to carry on the large opera tions of the bank. In the borrowed bills which have so appeared were those of the Bank of British Columbia and the Bank of British North America. The Cat in the Meal Tub. [Courier-Journal.] From August, 1874, to August, J 75 the mining stocks created in San Fran cisco have aggregated §117,000,000. Such a vasf expansion of speculative business is probably without Parallel in modern times, and in a section of C p t Jn tr: r. of -i tj ' e FWiation and wealth of the pacific States, it demonstrates simply that the people had become thoroughly intoxicated with specula- To Advertisers and Subscribers. On and after this (late (April 21, 1875,) aM editions of the Constitutionalist will be sent free of postage. Advertisements must be paid for when han ded in, unless otherwise stipulated. Announcing or suggesting Candidates for office, 20 cents per line each insertion. Money may be remitted at our risk by Express or Postal Order. Correspondence invited from all sources, and valuable special nows paid for if used. Rejected Communications will not be re turned, and no notice taken of anonymous letters, or articles written on both sides. tion. Thero was of course a vast amount of rascality in the manufacture of such an amount of mining interests on paper, but the credulity which offered a field for such undertakings would be impossible except in an era of mere speculative madness. The finale of such a course of busi ness operations would naturally be of the same sensational character. The edifice falls not column by column, but crumbles instantly, all in a heap, as if wall and column were mere dust. There has been no warning, but in a single day the bubble has collapsed, and the dupes are wondering at their own in fatuation. We do not expect that this catastrophe will put a definite eDd to mining stock speculations, but it ap pears reasonably certain that another mania like the last cannot gain head way until tho present crop of fools shall have passed away, and until the memory of their mishaps shall have been dimmed more or less in tho minds of their successors. The Operations of the President of the Bank of California. [From the San Francisco Morning Call.) Suppose our eminent speculator, Mr. Ralston, had been able to carry out a few of his more brilliant operations, what would have been the result? In the first place this geatleman owned land near Belmont and parts of town sites on both sides of the bay south of the city, which ho desired to render valuable by the construction of a bridge at Ravens wood and a direct lino of rail way following the bay shore. With this object in view Mr. Ralston was quite willing that the city of San Francisco should be taxed $2,500,000 to be given to a company to build the Ravensvvood bridge. Next, he was just as ready to have the city make a present of $lO - 000,000 to himself (Win, C. Ralston) and associates to construct a railway to Colorado.. Here wo have $12,500,000 for two items which this enterpris ing man was desirous of having tho tax-payers of San Francisco contribute to enrich William C. Ralston and his friends. Next comes $15,500,000 which this gentlemen of enlarged views wishes the city to pay for the fran chise and material of the Spring Val ley Water Company and tho Calaveras cow pastures. This franchise, also, it should be borne in mind, would bo’for the benefit of William C. Ralston and his friends. Here we have an aggre gate of $28,000,000 for speculation which we may credit to the brilliant in tellect of a single man—William C. Ralston. Let us see how much money this would bo for each man, woman and child in San Francisco to pay. Placing our population at 230,000 it would require nearly $122 for every person in the city. The man who says Mr. Ralston would not swamp the city if he had his way does not know what he is talking about. The Cincinnati Enquirer covers the telegraphic account of the San Fran cisco Bank failure with tho following head lines : “ Gone Up—Here’s Your Only Solid Basis—The Great California Gold Bank Knocked Higher’n a Kite—And the Mourners Go About the Streets IR miug for Some of the ‘ Money That Chinks ’ —Yes, Verily, They Would Gladly In flate Their Pockets With ‘lrredemable Rags’ or ‘National Lies,’ But They Can’t Get ’Em—The Largest Sugar Im porting House in the United States Fails for Two Millions—And Still the Glorious Radical Resumption Ball Goes Gaily Rolling On !” Cliicago’s Female Lawyer. The Chicago Legal News rejoices in noting the fact that Miss Hulet, of the Chicago Bar, is succeeding well in her practice. She appears before Judge Blodgett, of the United States District Court, in a bankrupt case, in the Cir cuit Court in a common law case before a jury, in the Probate Court in a con tested will case, or before the Chancel lor in a divorce case with the same easy manner and confidence that she would before a Justice of the Peace, and with an ability much above the av erage lawyer. In debate she is able and ready, and never taken by sur prise. “ Dang it!” remarked a Sunday School superintendent at the breakfast table the other morning, as he helped two half-scalded flies over the brink of his coffee. The old lady shifted her spectacles to the top of her head, and glared at him in astonishment. “Oh. well!” resumed the half penitent offender, “it isn’t likely that our Heav enly Father is going to punish us for a damu or two in fly time.” FROM WASHINGTON. No More Gold for San Francisco— Treasury Items—Yellow Fever at Barrancas Agaiu-Naval Nows-Whis key Regulations. Washington, August 30. Several ap plications for transfor of gold from New York to San Francisco have been declined. The Government has used a considerable amount of gold recently purchasing silver. There is no proba bility that tho Treasurer will make ad ditional transfors. The Treasurer and express companies have agreed upon 87 cents per thousand dollars for trail* porting national bank notes. The Surgeon-General has received the following from General Brannan at Fort Barrancas, to-day; ‘‘There were two new cases of yellow fever from Fort Pickens—one Saturday and one yesterday. The troops were moved into camp outside the fort last night.” The Navy Department has advices from Rear Admiral Worden that the insult to our Consul at Tripoli was amply atoned for and satisfactorily settled. The National Bank Examiner has been dispatched to San Francisco to examine into the affairs of the National Gold Bank and Trust Conjpany A half million of legal tenders were destroyed, being eighty per cent, of tho national bank notes issued this month. Collectors are instructed that after the Ist proximo no survey of distilleries will be made except with the aid of an assistant specially designated by the Commissioner for the specific distille ry- nev T designation of assistant** will be made for each distillery desired to be surveyed. FROM MONTGOMERY. Disappearouce of Yellow Fever. Montgomery, August 30.— The yellow lever has disappeared from Barrancas, and no further fears are entertained . The Mayor of this city has issued a proclamation, on the recommendation of the Board of Health, removing the quarantine against Pensacola, as that city is perfectly healthy. Portland, Me., August 30.—Captain Green Walden, of the marine revenue service, la dead, aged 79.