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ESTABLISHED 1799.H5H8S
FROM THE STATE CAPITAL.
THE LEGISLATURE.
Nothin# of Importance Done —The
Vote for Governor Counted—Two
Counties Missing—The Election of
State Printer an Other State Officers
—The Comptroller General.
[Special to the Augusta Constitutionalist.]
Atlanta, January 11.—Nothing im
portant done to-day in either house.
The vote for Governor was counted,
the returns for the counties of Pitce and
Sumter being missing. The inaugura
tion will take place Friday at 12 m.
The Senate passed a resolution bring
ing on the election of State officers, in
cluding State Printer, on Saturday, but
the House will postpone it for the pur
pose of investigating expenditures
made by old offioers, especially the
Comptroller-General. The attack on
Mr. Goldsmith will amount to nothing,
but the election will be put off for a
week. No general legislation started
in either House.
BY TEIE6SAFH
—TO THE
CONSTITUTIONALIST.
Associated Press Dispatches.
FROM WASHINGTON.
CONGRESSIONAL PROCEEDINGS.
The Pacific Railroad and Southern
Claims—The Conspiracy Against Mr.
Whitthorne,
Washington, January 11.—The Sen
ate, during the morning hour, passed
the House bill making appropriations
to supply deficiencies in the contingent
fund of the House of Representatives,
with various amendments of an unim
portant character.
Mr. Morton, from the Committee on
Privileges and Elections, submitted a
resolution discharging Enos Runyon,
of the firm of Martin & Runyon,
Bankers and Brokers, Wall Street, New
York, from tho custody of the Sor
geant-at-Arms, he having testified be
fore the Committee and thus purgod
himself of contempt.
The Pacific Railroad Committee unan
imously agreed to report the bill. It
leaves the conflicting branches from
New Orleans an open question.
In the Committee investigating the
Police Board, Maj. Richards, Chier of
Police, testified that Murtaugh, the
President of the Board, had requested
him to watch Representative Whitt
horne, and if found in any question
able place to arrest him. The motive
was to break the force of the report of
the Naval Committee. The scheme
does not appear to have been a plot to
entice Whitthorne into danger, but to
arrest him on auy tiivial pretext.
The greater part of the claims for
proceeds of captured and abandoned
cottou, and other property not barred
by statute, were ascertained by judg
ments and recoveries oT claimants
thereon in the Court of Claims, from
the year 1867 to 1876, inclusive, the
total being 811,530,939. Most or the
pending suits were brought after the
time limited by statute, and involve
claims in the aggregate amounting to
812,000,000. Of many other claims ap
parently pending, jno action had been
taken for a long time, and therefore
the Assistant Attorney-General moved
to dismiss them for want of prosecu
tion. There were 2,196 suits. The mo
tion was granted iu 1,190 cases, and
1,211 were dismissed by eonseut of
claimants. The aggregate amouut of
claims thus disposed of was $13,138,686.
Passage of Bills—Nominations—The
Police Board—Another Brother-in-
Luw Provided,
The House passed f he consular and
diplomatic and military academy ap
priation bills. All amendments offered
to the former, in the way of reducing
salaries, were defeated.
The Senate discussed the bill to per
fect a revision of the statutes all day.
Nominations—Stewart L. Woodford,
Attorney for the Southern District of
New York ; Elias Griswold, Judge of
the Northern District of Florida.
It has transpired that the Committee
investigating the Police Board that
Murtaugh suggested to Richards, in
case Witthorne did not visit disrepu
table places, that some wornuu be em
ployed to entice him. Richards swears
he pretended willingness to comply
with Murtaugh’s suggestions.
Murtaugh called the now Police
Board together but his colleagues did
not appear.
It is stated that the President in
tends signing the bill abolishing the
Board as soon as it reaches him.
Gen. Auger’s dispatches to-day con
tain nothing of importance.
The President, Secretary of War and
Sheridan were in consultation to-da}'.
Mrs. Berthlot and Miss Henderson,
daughters of John Henderson, con
victed of whisky frauds, left for Mount
Vernon, West Virginia, this evening,
with their father’s pardon.
Dimond, the New York banker, testi
fied that he drew the check of SB,OOO
for Conrad N. Jourdan, Cashier of the
First National Bank. So far as witness
knew W. T. Pelton had no connection
with the draft. The banker Dimond,
under restraint, was examined in se
cret session, but his books threw no
light on the SB,OOO.
Alexander Sharp was nominated to
day as paymaster in the army, with
the rank of major. He is the Presi
dent’s brother-in-law, and has for
nearly eight years been Uuited States
Marshal for the District of Columbia.
The Senate had a short executive
session.
David Dudley Field, of New York,
was seated in the House to-day.
The Texas Pacific Railroad—The Com
mittee Report the Bill Favorable-
Government Aid to be Granted.
Washington, January 11.—The Pa
cific Railroad Committee, at its session
to-day, instructed its chairman, Mr.
Lamar, of Mississippi, to report favor
ably the bill which has been under
consideration last session and this for
granting Government aid for the com
pletion of a Southern trans-continen
tal lailroad.
One of the principal obstacles in the
way of the committee arriving at a
satisfactory conclusion as to its report,
was the real estate claim of the Texas
and Pacific, represented by Col. Scott,
and the Southern Pacific of California,
ypprented by Mr. Huntington. These
§1)1 Augusta (Constitutionalist
two interests, however, having been
compromised onj a fair and equitable
basis and Mr. Huntington, in behalf of
his company, having fully accepted the
provisions and limitations of the Texas
and Pacific bill as introduced last ses
session by Mr. Atkin, of Tennessee,
namely, that this new Pacific Railway
should always/emain an open highway,
subject to the control of Congress.
The Committee has at last reached a
favorable vote upon the measure. The
bill as reported by Mr. Lamar provides
for the construction of a main line
from Fort Worth, the present western
terminus of the Texas and Pacific Road
via El Paso to San Diego California a
distance of 1,280 miles. The Govern
ment is to guarantee the interest, not
the principal on the five per cent, fifty
years, gold bonds of the main line from
Fort Worth and Fort Yuman, a dis
tance of about 1,080 miles. That
portion of the line lying between Fort
Worth and a point one hundred
miles west of El Paso is to be
constructed by the Texas and Pacific
Company, and from that point to San
Diego by the Southern Pacific Railroad
Company. The branches provided for
in the bill are : First, one from Shreve
port or Marshall to New Orleans.
Second, one from Jefferson Texas, to
Memphis, and the third from Shreve
port to Vicksburg, and the fourth one
from Venita, Indian Territory, to inter
sect witn the Texas and Pacific at some
point east of the 108 dg. meridian, the
Government guaranteeing the interest,
not the principal, upon the lands of
the companies constructing the main
line at a rate not to exceed
835,000 per mile, and upon the branches
at the rate of $30,000 per mile, but
bonds only to the amount of the actual
cost of construction are to be issued ;
so if the road can be built for $20,000
or $25,000 per mile, bonds only to tbat
amount to be issued. To secure the
Government for this guarantee the
several companies are required to exe
cute a first mortgage upon the whole
property of the companies and upon
their land grants from the United
States and the State of Texas. In
addition, the Government is to retain
all dues for military and postal trans
portation ajid telegraph service, and
to have a lien on such a part of the
savings of the company and the entire
proceeds of the sale of their lands as
may be necessary to provide for the
prompt payment of the current inter
est on their bonded debt. The bill con
tains striDgent provisions prohibiting
combinations with the existing Pacific
railway companies, and requires a per
fect reciprocacy in traffic of connecting
roads now in exeistence and hereafter
to be built, thereby forever remaining
an open highway. It is proper to say
that this measure shows unmistakable
strength in Congress from the belief
that the commencement of work on
this great enterprise would revive the
industries of the whole country and es
pecially those of the South.
The superiority of the route is uni
versally acknowledged, being shorter
from New York to the Pacific by nearly
three hundred miles, and lying so far
south as to escape the snow blockades
which is so ugly a feature of winter
traffic on the present Pacific road ; and
that with its branches to New Orleans,
Vicksburg, Memphis and Sl. Louis it
would place the whole country within
easy access to this Southern trans-Con
tinental highway.
Report of the Committee on Counting
the Vote—Which is the Legal Legis
lature of Louisiana.
It is understood that the Senate
Committee on counting the vote have
decided, with one dissenting vote, that
the President of the Senate cannot and
could not vote. The report that the
committee hud agreed upon the bill is
premature.
The Attorney General has mnde no
pr gress in forming au opinion which
is to guide the President, as to which
is the legal Legislature of Louisiana.
Information is wanted, but from what
source and as to what poiuts is un
known. The Attorney General declines
to talk about it.
FROM NEW YORK.
Fred May Supposed to be Danger
ously Wounded—The Orton Case.
New Yobk, January 11. —The Tribune
has a private dispatch from Baltimore,
at a late hour last night, to the effect
that Fred May had been wounded in
the thigh in the duel with Beunett.
The injury is so severe that it was
feared a fatal result might ensue.
Mr. Wra. Orton, President of the
Western Union Telegraph Company,
was taken to Washington this morning
on the 9:30 limited express, in the cus
tody of a deputy Sergeant-at-Arms of
the House of Representatives. Offi
cers of the company state that every
lawful means will be resorted to for
insuring secrecy of dispatches passing
through the company’s office. They
also state that the present time is a
most opportune one for pushing their
demands to that end.
Meeting of tlie Chamber of Commerce
—Petition to Congress Adopted-
High Bank Taxation.
New York, January 11.--A special
meeting of the Chamber of Commerce
was held to-day to consider the sub
ject of excessive taxation levied by
municipal and State authorities on
banks and bankers of this city and by
the Federal Government on banks
throughout the country.
Samuel D. Babcock presided and
stated the object of the meeting.
Gustav Schwab addressed the meet
ing and said that, the bank taxation in
this city was nearly five per cent, of
the capital and that it was unjust and
onerous. This year the bank capital
in the city was reduced nearly thirteen
millions of dollars in consequence.
A petition to Congress was adopted.
NEW JERSEY.
Organization of the Legislature—Fire
at Long Branch-
Trenton, N. J., January 11. —The
House has organized by the election of
R. F. Babe, Democrat, Speaker; John
Y. Foster, Republican, Clerk; J. H.
Potts, Republican, Assistant Clerk; G.
Gable, Republican, Engrossing Clerk;
Jno. B. Fell, Republican, Sergeant-at-
Arms; James W. Bell, Democrat, Door
keeper, and E. B. Smith, Republican,
Assistant Doorkeeper. The vote was
34 to 26—11 Republicans voting with
the Democrats.
The four Republicans who voted with
the Democrats on the organization of
the House are Van Renssaeler, Howell
and Wightman and Vail. This result
secures a Democratic United States
Senator in place of Frelinghuysen.
Long Branch, N. J., January 11.—The
Central Hotel and several adjoining
buildings were burned at three o’clock
this a. rn. Loss about $40,000. Hotel
owned by Samuel Cohen of New York.
NEW ORLEANS.
A WAR OP DIPLOMACY.
Rats Deserting the Radical Ship-
The Bogus Senator ship—Packard
Desperate.
New Orleans, 2 p. m., January 11.—
Two members of the Republican
House, Mr. Barrett, of Rapides, and
Mr. Kennedy, of St. Charles, are just
reported as having withdrawn from
that body, and giviDg their reasons
therefor in speeches.
2:45 p. m.—The Republican Legisla
ture had one ballot for United States
Senator this evening, resulting as fol
lows : Plnchback, 30; Antoine, 21;
Lewis, 13; Beattie, 12; Anderson, 4, and
scattering, 6. The Republican Senate
is still without a quorum. One mem
ber of the nouse cam© iu to-day, and
that body still has a quorum. Pioch
back’s friends claim that he is master
of the Senatorial situation. No dis
turbance.
There is no change in the situation
this morning and the orders of Geu.
Auger virtually forbidding any aggres
sive movements by either party will
doubtless prevent any collision. All
eyes are turned to Washington watch
ing events there. Gov. Packard has
commissioned A. S. Badger, Major-
General of the Louisiana State Guard,
and ordered him to organize the first di
vision to-day. The Republican, in
summing up the situation this morn
ing, admits that if force is to decide
the question of supremacy, the Repub
licans are powerless against their op
ponents, who, It says, are fully organ
ized, equipped and trained in the use
of arms.
FOREIGN NEWS.
NO WAR ANTICIPATED.
Stagnation on the London Exchange.—
A Missing Steamer—Death of An
Eminent Scholar—Another Failure.
London, January 11.— Business on
Stock Exchange is lifeless, pending
news from to-day’s sitting of confer
ence. Continued wet weather also de
presses all kinds of business. The
prevailing opinion in the city is that
there will not be war even if the con
ference breaks up. The exceptional
strength of Consols is due to the
cheapness of money and a growing
feeliDg that whatever Russia and Tur
key may do Englaud will not bo em
broiled.
Sixty guineas per hundred ha3 been
paid at Lloyd’s to effect the insurance
on the steamer Colombo. The Colom
bo sailed from Hull, December 3d, for
New York, and passed the L : zird, De
cember 6ih, but has uot yet arrived at
her destination.
Alexander Bain, L. L. D., the emi
nent author and scholar, is dead.
Suow, Taylor & Sherwell, silk mer
chants, of Bristol, failed. Liabilities.
£BO,OOO.
The Impending Difficulties Between
Turkey and Russia—The Confer
ence.
London, January 11.—Business on
the Stock Exchange is lifeless pending
the news from to-day’s sitting of the
conference. The continued wet weather
also depresses all kinds of business.
The prevailing opinion in the city is
that there will not boa war even if the
conference breaks up.
A special dispatch from Berlin to the
Pall Mall Gazette says the moderate
parties have manifested little iuterest
iu the election. The Socialist Demo
crats have been remarkably active and
confident. They contested 123 out of
397 districts, and serious misgivings
are felt that they must have materially
strengthened their representation.
A dispatch to Reuter’s Telegraph
Company, dated at Constantinople at
12:45 p. m., to-day, says it is asserted
that although the Porte maintains no
opposition to the proposed interna
tional commission and the manner of
nominating Provincial Governors, it is
still possible that; a basis for an un
derstanding will be found on tho
ground of the Andrassay note, inas
much as the attitude of Russia is
thought to be really conciliatory. The
sitting of the conference to-day is re
garded as very important. Hopes are
stili entertained of an agreement being
reached, but the attitude of Germany
is said to excite some misgivings, and
if the sitting be without result, or there
appears to be no possibility of an un
derstanding, the Powers, it is thought,
will take decisive steps.
PANAMA.
A Bloody Battle —Negotiations for
Peace with the United States.
Panama, January 2.—Negotiations
for peace are passing between the
commander-in-chief of the Rebels, in
Antiogua, and the Secretary of Foreign
Relations of the National Government
of the United States. The steamers
Pensacola and Omaha are still in port.
The Lockawalna was at Mazatan De
cember 22d.
News has been received here of a
bloody battle fought at Galte,
Ecuador on the 14th ultimo,
between the constitutional army, twen
ty-five hundred strong, and the revolu
tionary forces, which ended in the com
plete route of the former. Both sides
behaved bravely, losing altogether
about 400 killed and a much larger
number wounded. When news of the
disaster reached Quito, President
Barren left the palace and took refuge
it is said at the Colombian Legation,
while the citizens pronounced in favor
of the revolution. The revolutionary
forces will probably enter Quito on
the sth ultimo, in which event it was
expected would put an end to the
war in that Republic.
ST. LOUIS.
The St. Louis Democrat Libel Suit.—
The Presbyterians.
St. Louis, January 11.—The libel
suit of Rev. Stuart Robinson, of Louis
ville. against McKee, Fishback &
House, proprietors of the old St. Louis
Democrat , was brought to a close to
day by defendants confessing judgment
iu the sum of $30,000 and agreeing
to pay all costs of the suit,
including attorney’s fees of plaintiff.
The original damage asked was fifty
thousand dollars. At a meeting of
members of Walnut street Presbyte
rian Church Rev. Dr. Brooks, pastor,
last night made a proposition to sever
their connection with the Southern
General Assembly, and join the General
Assembly of the Presbyterian Church
of the United States, which was car
ried by a vote of 197 to 21.
The Rnsslan Fleet.
Norfolk, January U.—The Russian
Minister and Admiral commanding the
Russian fleet arrived here to-night.
The fleet has not arrived,
AUGUSTA, GA., FRIDAY, JANUARY 12. 1877.
WRECK OF A STEAMSHIP.
The Splendid Steamship l’Ameriqiic
High and Dry on the Jersey Beach
—All of Her Passengers and Most
of Her Crew Saved by Means of a
Life-Car.
Long Branch, N. J., January 7.— The
trans-Atlantic steamship l’Amerique,
from Havre for New York, went
ashore at Seabright, about four miles
North of this place, about 3 o’clock
this morning. There were three cabin
and fltty-one second and fourth-class
passengers, and one hundred and
sixty-two officers and crew, all of
whom, with the exception of three of
the crew, were saved. Soon after
ship struck, the Captain ordered a
small boat, with a crew composed of an
officer and eleven men, to convey the
information ashore, and obtain as
sistance. The steamship was then only
seventy yards from the beach. The
boat struck the beach, but tfte under
tow and floating ice together, there
being much of the latter, upset the
boat and three of the crew were lost.
One of the bodies was recovered about
three o’clock this evening. Crews from
life-saving stations 3 and 4 were on
hand, and succeeded soon afterwards
in throwing a line to the ship, and by
the aid of the crew of the l’Amerique,
the life car was soon drawn on board.
The passengers at first were afraid to
get into the car, but Mr. Cornell Jewitt
(who was a passenger on board) and
bis wife got into the car and were safe
ly drawn ashore, after which all of the
passengers and most of the crew were
landed, live or six in the car
at a time. The Captain still re
mains aboard looking after the
vessel. All the mails and specie were
safely landed. The vessel lies well up
on the beach, and at low tide it is
thought she will be high and dry.
Cornell Jewett aud wife and a Spanish
lady, the only cabin passengers, are at
the Emory Hotel, at Seabright, while
the second and fourth class passengers
and a large part of the crew are at the (
East Eud Hotel, Long Branch. Tne
passengers speak in the highest terms
of the captain and crew during tire
long and stormy passage across the
Atlantic. The ship was in charge of a
pilot taken on board yesterday, Janua
ry 6th, from pilot boat No. 21, latitude
41 degrees aud 30 minutes, about 187
miles from New York. The sea at that
time was smooth, but afterwards the
weather became very threatening and
was so when the vessel struck.
Long Branch, January B.— The Amer
iquo had a stormy passage, with vio
lent westerly gales all the way, until
very near our shore, when the weather
thickened and wind changed to the
east. She took a pilot 180 miles out
side of Sandy Hook bar. The pilot
sounded about 15 or 20 minutes before
2 o’clock a. m., and found five fathoms
of water and the same kind of bottom
as found iu the channel leading into
Sandy Hook, and he supposed they
were in the right course for New York;
but at two o’clock the steamer struck
bottom with her bow, but so slightly
that had not t.lie wind been so heavy
from the east she could have been
backed off again. Although so* near
shore, they could not see land until
after the ship struck. Sandy Hook
lights were not seen at any time. The
steamer now lies high and" dry broad
side on tbe beach. All the passengers
except one, who has a broken leg,
caused by a fall on tne steamer during
a gale, have been removed. The Ameri
que has SIOO,OOO in specie, which, with
the baggage and passengers, will go to
New York this morniug.
Most powerful steam tugs with
heavy anchors and all kind of appli
ances, will arrive to-day and the steam
er v/ill be got off if the weather con
tinues mild, with wind off shore. She
now lies embedded in tho sand 10 or 11
feet and lies perfectly easy and is un
doubtedly tight. No danger is antici
patedj unless an easterly storm should
spring up. The cargo consists of mis
cellaneous articles. Among which are
many very valuable paintings, con- !
signed to different parties in New i
York and elsewhere. The cargo will
probably have to be landed on the
beach and shipped to New York via
Sandy Hook by rail or steamer.
Tbe Coast Wrecking Company’s
steamer Relief and two lighters, with
Capt. Merritt, have just arrived. Capt.
Merritt thinks the prospects of saving
the ship and cargo are favorable.
Preparations are now being made to
lay out heavy anchors, which it is
hoped they will be able to do to-day.
The bodies of three seamen who were
drowned in laodiug yesterday morning
were round at Station No. 1, about one
mile south of Point of Hook, late last
night, and the coroner has been noti
fied to hold an inquest. Among the
passengers were eight French nuns,
bound for Illinois. Most of tho pas
songers are French emigrants going to
Western States, principally Illinois.
The man with a broken leg was safely
landed this morning in a hammock,
and will be sent to New York with the
rest.
Railroad Accidents. *
Richmond, January 11.—A passenger
car on the Chesapeake and Ohio Road
went down forty feet in frozen Green
brier river. The ice supported the car.
Seven hurt but none fatally. Mrs.
Hall, of White Sulphur Springs, had
her leg broken.
Alexandria, Va., January 11.—The
nigbt train over the Virginia Midland
road, hence South at 2:45 this morning,
encountered a broken rail near Manas
sas. The sleeper from Boston to Dan
ville and a sleeper from Washington
to New Orleans left the track. The ob
structions have been removed and
trains are now running on schedule.
Among the wounded are Capt. Stokes,
and Boyd, of Florida, slightly, and W.
A. McCallister, of Atlanta. Most of
the passengers were Invalids on their
way to Florida. Of the wounded all
have comparatively slight injuries, ex
cept Mr. Lyle, of Pennsylvania, and
the negro porter. The former or whom,
being over seventy years of age, may
not recover.
Cincinnati, January 11.— A passenger
train on the Lexington and Big Sandy
Railroad ran off the track near Star
Station, Ky., yesterday, cutting the en
gineer, Jno. Main’s, legs off and Injur
ing four passengers, the latter not se
riously.
A woman named Marie Celvet has
just been sentenced to twenty years at
hard labor for the murder of her sister
Julie, in Paris. While the trial was
going on she constantly wore a long
crape veil. “Why do you wear this
veil asked one of the officials. To
which the sweet girl replied, “I am in
mourning for my poor sister 1” This
fairly matches the French parricide
who on beirg asked what he had to say
after ills condemnation for killing his
father and mother, entreated the court
to“have mercy on a poor orphan.”
SOFTH CAROLINA NEWS.
"* -Jr. Simon Boyd died in Horry countv
last week, at the advanced age of 103
years.
Mr. Thaddeus Williams, who acci
dently shot himself on the 24th ult., In
CLarl-ston, is dead.
There are said to be about 165 stu
denta i a the South Carolina Univer
sity—one-third white.
A doubt no longer exists that we will
very shortly have only the Eighteenth
Iniantry left in Columbia.
The total number of deaths in Co
.the weekending January
1817, was 11—3 whites and 8
colored.
The horse and buggy of Dr. A. A.
Moore, of Camden, were stolen Friday
December 30, and taken to parts un
known.
There is not a vacant dwelling house
m Camden, and at least half a dozen
families are on the lookout for one.
\\ h ?re h your capitalist?
river was frozen over at
Chapped, on Friday, January 5, ana
numbers or persons were skating and
sliding on its glassy surfaoe.
The first man commissioned in Abbe
vilicr county, by Gov. Hampton, is Ed
ward Henderson, a colored man. He is
appointed Jury Commissioner.
Portions of Broad river are yet
frozen for a distance of 2QO yards from
either bank. Parties owning flats have
to cut passages through the ice to ex
tricate them.
Tbe election at Walterboro’ was
held Monday, January 1. Mr. C. G.
Henderson was elected Intendent, and
Messrs. M. Flaum, A. Wicbman, Daniel
Sanders, E. D. Holmes, J. J. Klein aud
D. B. Smith, Wardens.
Register : Ex-Treasurer Cardozo an
nounces that the payment of interest
on consolidated bonds and stock of the
State has been postponed, &c., &c., on
account of the unavoidable delay In the
levying collection of taxes.
The Postmastership at Camben is
in demand. There are at least eight
persons, whose claims are being pre
sented. Of this number six are resi
dents of Camden, one of the county,
and one of Orangeburg county.
The deaths in Camden for the year
1876 were 9 whites and 26 colored. In
a population of over 2,500 this shows
remarkable salubrity. There is not a
vacant house in the town, and several
persons on the lookout for them.
Satorday night, December 30th, the
Auditor’s office at Walterboro’ was
broken into aud the personal returns
foe 1876 und some old duplicates stolen.
The Auditor fotind them Friday
January sth. in the clerk’s office stowed
under ho book cases.
Tiftt present Clerk of Court in Cam
den, Ia E. Wall, intends to hold the
fort. /Should the clerk elect have his
bondjkpproved by Elliott and present
his CjU,i;4*i'!n from Chamberlain, the
clerk will recognize it only us a bogus
commission and refuse to yield his ot
iice.
Four negroes were brought to Edge
field jail on Monday last, charged with
the killing of another negro who voter!
the Democratic ticket. He“hurrahed
for Hamptou” at a Christmas frolic,
and was set upon by his Radical com
panions and so badly shot and beaten
that he died a few days later.
The resolutions of the Charleston
meeting, recognizing Hampton as Gov
ernor, and denouncing Chamberlain as
an usurper, are having their effect.
The Nation says : “The Chamberlain
government now rests solely on the
troops, aud it is said that the troops
are being sent to Washington. The
Democrats in South Carolina have
taken an unassailable position, and
they must either succeed, or the State
must bo changed into a military des
potism—a change which they may rest
assured will not be permitted by the
rest of the country io last long.’’
Extract of a letter received by a
Charleston firm from a New Englander
owning property in this State : “I no
tice that Gov. Hampton requests ten
per cent, ou the amount of taxes paid
last year, to be paid by parties to be
appointed by him. 1 wish you would
oblige me by paying this per ceutage,
or the tax in full, if called for by Gov.
Hamptou, and draw upon me for the
amount. It is needless to say that I
do not wish to pay any tax levied by
the Chamberlaiu faction, until your
courts decide they are legally elected.
From present appearances, it is merely
a question of time how long it will be
before Governor Hampton will be duly
recognized by all. I have no doubt of
the result.”
The Sumter Union, of the Baptist de
nomination, embracing seven churches,
convened at the Baptist Uhurch in
Camden, Friday, December 29. The
following churches were represented :
Camden, High Hill, Santee Pisga,
Antioch. Rev. L. S. Foster was chosen
Moderator, and Rev. W. J. Hartfleld,
Secretary. Reports were read from
the Boards of Missions and the
Treasurer, showing a healthy financial
condition. Rev. W. J. Hatfield preached
the missionary sermon, and Rev. J. E.
Rodgers delivered the doctrinal dis
course Sunday, December 31. The
next meeting of the Union will be held
at Pisga Church in April next.
The letter of Governor Hampton
creates profound and widespread inter
est, particularly that portion of it
which defines the position of South
Carolina in relation to the Presidential
difficulty. He avows that it is the firm
aud deliberate purpose of the people
of South Carolina “to condemn any so
lution of existing political problems
that involves the exhibition of armed
iorce.” This expression, in connection
with the context of the letter, which
we publish in another column, has been
construed Into an attempt on the part
of Governor Hampton to propitiate
the Republican candidate; but no one
who has observed closely the manly,
prudent and patriotic course of the
noble South Carolinian can for a mo
ment believe that such is the true in
terpretation of either its letter or spirit.
—lialeigh News.
The York delegation to the Legisla
ture have made the following recom
mendations for appointment to office
by Governor Hampton in this county:
County Treasurer—Dr. T. C. Robertson,
of Rock Hill, formerly editor or the
Grange. County Auditor—W. A. Moore,
of Yorkville, Jury Commissioner—D.
Ches. McKinney, of Hickory Grove.
Trial Justices—Samuel M. Fewell, Rock
Hill; B. F. Powell, Fort Mill; W. C.
Black, Black’s Station; R. L. Crook,
Santue; A. L. Nunnery, McConnella
ville; J, J. D. Gill, Clover; J. S. Lewis
and P. B. Darwin, Yorkville. The per
sons to be recommended for appoint
ment as trial justices in the Blairsville,
Hickory Grove, Bethel and Clay Hili
sections of the county haye not been
detei mined upon,
SUPREME COURT.
Decisions Rendered in Atlanta, Ga„
Janaary 6, 1877.
IReported for the Constitution by Henry
Jackson, Supreme Court Reporter.]
Seligman et al. vs. Ferst & Cos. et al.
Equity, from Chatham.
BLECKLEY, J.
1. The injunction in bankruptcy con
templated by the deoisions of this court
in 52 Ga. 371, aud 55 lb. 547, is not
alone a perpetual injunction granted
on final decree.
2. The present case being special aud
peculiar, in as much as it grew out of
attachments at law which were levied
within four months preceding the ad
judication of bankruptcy, and which
were, therefore, dissolved ipso facto by
the adjudication ; and in as much
as the bill and tire appointment of a
receiver were in lieu of similar attach
ments, which could have been sued out
by the complainants, their demands
being, in their nature, legal and not
merely equitable; and in as much as
the seizure of the assets by a court of
equity was made within four months
preceding tho adjudication, and the
bankrupts were not made parties to the
bill until after the adjudication; and
iu as much as said seizure was thus in
the nature of attachment, being made
without notice or warning to the debt
ors, and without any regular action in
personam instituted against them:
Therefore, let the fund in the hands of
tho receiver be surrendered to said
trustees, except so much thereof as is
legally necessary to defray the costs
and expenses of collecting the fund
and of securing it until tho order of
surrender shall be granted.
Judgmeut reversed.
A. T. Akerman, West & Cunningham,
for plaintiffs iu error.
J. R. Sajtssy, Jackson, Lawton &
Basinger, George A. Mercer, Howell &
Denmark, for defendants.
Hartiidge & Chisholm, W. U. Gar
rard, for the receiver.
Jackson, J., dubitante.
Baily vs. Simpson. Equity from Cam
den.
BLECKLEY, J.
1. If a deed by a husband to his wife
(executed in 1852). vested in her any
separate estate, the same upon her
death descended to him as her sole heir
at law, unless she died after the law of
inheritance was changed by the act of
1871-72—Code \ 2484.
2. A child claiming to share with the
husband in such an estate must show
affirmatively, that the descent wus so
changed.
3. W here the remedy against an im
pending sale is complete by the inter
position of a claim, injunction is need
less aud the claim is demurrable.
4. Where injunction is sought on the
ground of irremediable injury, a state
of facts likely to occasion such injury
must be averred.
Judgment affirmed.
5. W. Hitch; J. C. Nichols, by L. J.
Glenn & Sou, for plaintiff in^-rror.
No appearance tor defendants.
The Life Association of America vs.
Waller. Attachment, iron? Chatham.
BLECKLEY, J.
The act of self-destruction, by a per
son who is insane at the time, without
fault on his part, is not suicide, in any
proper sense, if the insanity be of such
character and degree as to free the
act from all immorality, and leave the
actor entirely blameless. 15 Wall 580;
55 Ga. 103.
Judgment affirmed.
Jackson, Lawton & Bassinger, for
plaintiff in error.
West & Cunningham, for defendant.
Harrison vs. McLeliand. Complaint,
from Bulloch.
BLECKLEY, J.
1. Tho maker of a promissory note
is bound personally, though the word
“administratrix,” be annexed to her
signature.
2. The surrenderor promissory notes
made by the intestate is a sufficient
consideration to support a personal
note given by the administratrix to the
creditor. —25 Ga. 212.
3. Though the notes surrendered
were due prior to June Ist, 1865, as the
note given by the administratrix in
lieu thereof was dated and due in 1867,
the statute of limitations of 1869 does
uot apply to it; aud suit brought in
1875 was iu time, the note being under
seal.
Judgmeut reversed.
A. B. Smith, for plaintiff in error.
Rufus E. Lester, for defendant.
Jackson, J., liaviug been of counsel,
did not preside in this case.
Gardner, trustee, vs. Grannis, adminis
trator, et al. Ejectment, from Lee.
BLECKLEY, J.
1. After service, appearance, and
pleading to the merits, with no other
plea, it is too late, at the trial, for the
defendant to make objection to the
manner in which he has been brought
into court, or to the jurisdiction of the
count over his person.
2. After the sole defendant in an ac
tion of ejectment has died, aud another
defendant has been brought in, and has
pleaded to the merits, the action may
proceed as to the latter, without mak
ing the representative of the former a
party.
3. When one of the parties to a
special or collateral issue tried during
the pendency of the main case, is now
dead, and his representatives are not
before the court, the Supreme Court
will not, on a writ of error brought by a
person who was not then a party to the
case, examine the proceedings had upon
the trial of that issue.
4. The verdict on an issue of forgery,
made up and tried under the Code,
{2712, is no evidence against a defend
ant subsequently made a party to the
ejectment at the instance of the plain
tiff, more especially if the plaintiff pro
ceeds against the new defendant for
mesne profits, as well as for the prem
ises in dispute.
5. An affidavit which was used in the
cause, in connection with the issue of
forgery, by the original defendant, can
not, solely because it was so used, bo
read to the jury to affect a defendant
who was not then a party, and who
did not become a party voluntarily.
6. A witness who read an original
record before it was destroyed, may
testify that a defective probate (such
as now appears on the deed itself) was
upon the record, notwithstanding an
official copy made from the record
before destruction, sets forth the
deed as recorded without any pro
bate annexed.
7. Where both parties claim to have
derived title from the same person the
plaintiff through a deed from him, aud
the defendant through a deed fronj his
administrator, and where the defend
ant attacks the plaintiff’s deed as a
forgery, the last will of such person,
duly probated, which disposes of other
lauds, but which makes no disposition
or mention of the land now in question.
i§ admissible in evidence for the plaint
iff, as tending to show non-claim by
the testator, the will bearing date later
than the deed in controversy. That
the will does not expressly deolare the
intention of the testator to dispose of
all his estate, weakens its force as evi
dence, but does not render it wholly
inadmissible.
8. A deed more than thirty years
old at the time of trial is an ancient
document, though it was under thirty
when the suit commenced. Such a deed
fair on its face, coming from the prop
er custody, with a defective probate by
one of the subscribing witnesses,whose
handwriting in his attesting signature
to the deed itself is proved to be gen
uine, and with an entry of recording
on the deed, (also proved to be genu
ine) made by the clerk who was in of
fice ai the time the entry bears date,
which date is more than thirty years
anterior to the trial, is admissible in
evidence, though the other attesting
witness is still alive and accessible, and
is not examined by the party offering
ttye deed, and though no actual posses
slon of the land under, the deed was
ever held, the land having been vacant
when the deed purports to have been
executed, and having remained vacant
for nineteen years thereafter.
9. If a deed essential to tho plain
tiff’s title is a forgery, the verdict
should be for the defendant.
10. Any circumstance which would
place a man of ordinary prudence fully
upon his guard, and induce serious in
quiry, is sufficient to constitute notice
of a prior unrecorded deed. And a
younger deed, taken with such notice,
acquires no preference by being re
corded in due time.
11. Where a person claiming to be
the owner is brougnt in as defendant
to an action of ejectment which was
instituted originally against his over
seer or tenant then in actual posses
sion, prescription, as a defense to that
action, is measured by the length of
possession prior to the suit, without
adding the time that elapsed from then
till the landlord was made a party.
12. A defendant in ejectment is not
liable for mesne profits taken, prior to
his own entry, by those under whom
ho claims; but if, in accounting for the
profits chargeable to himself, he claims
credit for improvements made by his
predecessors, such improvements must
first answer for the profits taken by
those who erected them.
13. Where the statute of limitations
as to mesne profits (Code, $3058, 46 Ga.
120) is not pleaded, the account may
be taken tor tho whole period during
which the defendant has been in per
ception of the profits as against the
plaintiff *8 title.
H. Mesne profits will not be denied
the plaintiff solely because the defend- j
aut, by clearing and improving the
premises, has made the piemises more
valuable than they were when he en
tered..
15. Unless a request to charge is all
legal and pertinent, the court is not
bound to give any part of it.
Judgment reverred.
niSfur i? Daviß> W> A Dawkins, for
plaintiff In error.
It. E. Lyon, for defendants.
Arnold vs. Myrrell. Covenent, from
Chatham.
BLECKLEY, J.
I. A covenant by a lessee to place
the premises in serviceable condition
and repair, and to keep them so during
his term, and, at the expiration of the
term, to return them in like condition
and repair, imposes the obligation to
rebuild, if the stipulations of the cove
nant cannot be otherwise performed.
2. A covenant to make any repairs
required by the proper municipal au
thorities for the safety or convenience
of vessels lying at the demised wharf,
is not broken by failure to make re
pairs ordered by such municipal au
thorities to prevent injury to the river.
3. When the deed of lease points out
the repairs which the lessee is to make,
ns indicated in the two preceding notes,
no additional duty of repairing or im
proving is east upon the lessee by a
stipulation iu the same deed, that in no
event is the lessor to be held bound or
liable for, or chargeable with any re
pairs or improvements whatsoever upon
the premises; nor by the further stipu
lation therein, that ail improvements
put by the lessee upon the premises
during tne term shall beoorne the pro
perty of the lessor, without charge to
him, and shall not be removed by the
lessee. These provisions of the deed
do not oblige the lessee to carry his
repairs and improvements beyond what
may be needed for “serviceable con
dition,” and what may bo required by
the authorities for the “safety or con
venience of vessels lying at the wharf.”
4. There being in the records no suffi
cient evidence that the premises were
ever out of “serviceable condition”
whilst the lessee was under obligation
to repair, or that any call upon him
was made to repair for the “safety
and convenience of vessels,” the ver
dict of the jury was correct, and the
motion for anew trial was properly
denied.
Judgment affirmed.
West & Cunningham; A. T. Akerman,
for plaintiff in error.
A. B. Smith, for defendant.
Wilson vs. Paulson & Cos. Trover, from
City Court of Savannah.
BLECKLEY, J.
1. Though an attachment command
ing the seizure of the defendant’s pro
perty specify, in general terms, of what
it consists, still the officer can levy it
only upon property of the defendant,
aud is not authorized to seize property
of the like kind belonging to another
person, though the defendant has lately
sold it.
2. When a commodity is priced, and
is to be paid for by the bushel, though
the bargain be for such quantity as
will make a cargo for a certain vessel
brought by the purchaser to carry it
away, the parties may, by mutual con
sent, upon being Interfered with by an
officer, step lading with less than a
cargo on board; and in that case the
delivery will be complete as to so
much as is actually on beard, and un
der tne exclusive oottrol of the pur
chaser.
3. On the facts in evidence, the ver
dict of the jury was correct, and even
if there were slight errors of law com
mitted by the oourt, there was no abuse
of discretion in refusing anew trial.
Judgment affirmed.
\V. for plaintiff in error.
R. E. Rester, for defendants.
The New York militia are organized
as eight divisions and eighteen bri
gades, comprising in all 1,505 commis
sioned officers and 17,908 non-commis
sioned officers, musicians and privates,
making an aggregate armed force of
19, men. The Adjutant-General's
i estimate of the number of men able to
bear arms, but not regularly enlisted,
was 516,789, which increased the total
militia of the State to 535,24a
Wrpnkow & Ccv, wholesale dealers in
fancy goods and notions, have Ifaiied.
liabilities |ISQ,OQO, ' *
SIX DOLLARS A YEAR
GEORGIA NEWS.
Several fancy dealers in Savannah
have failed.
Saudersville will, in the future, enjoy
two daily mails.
Gainesville is to have a flret-ciase
foundry and machine shop.
Up to January 6th Amerious had re
ceived 22,688 bales of cotton
The election for United States Sena
tor comes off on Tuesday, January 23d.
The Savannah wood thieves for
peers 688 ente rpriso are without
The Constitution calls Wadley the
Mr. \\illiam Addison Knowles has
been added to the editorial staff of the
Home Journal.
At Waynesboro, in Ware countv. two
men were killed and two others wound
ed on election day.
Prof. A. H. Fiewellen has removed to
Amerious, to take charge of the Furlow
Masonic Femalo College.
Mr. Robert F. Wright, of Covington,
of Andrew
lligh School in Elberton.
H. C. Vinson ha3 leased tho old Me-
Comb Hotel at Milledgeville. His is a
good name on the bill of fare.
The Macon street railroad belonging
to Mr. Hill is kept running, and rays
expenses and a moderate profit.
The jailer at Columbus has been dis
charged by the Commissioners for per
mitting the escape of prisoners.
Savannah thieves are full of enter
prise. They think nothing of stealing
fueL USO b ° d and carr y in 8 it off for
Dr. George D. Case, the oldest in
hatntant or Milledgeville, died last
day B raday * a^l an *ii Qe6B only four
The Coosa rivor has been so choked
up with ice as to impede navig&ti on
something never before known in that
latitude.
Cuthbert is rapidly reforming. Du
riQ?i^b i r * B^inas only one man was
stabbed and one had his skull slightly
II uCIUI OCI
There was more exoitement in Athens
at the election last week for county
officers than prevailed at the Novem
ber election.
, ' ril ° Wilkinson county election passed
off quietly, resulting in the election of
he regular Democratic nominees by
an overwhelming majoritv.
Annie Logan, in the Covington Star
or this week, wiites some very sensible
paragraphs. Aunie promises to be a
charming writer after awhile.
The oat crop around Fort Valley is
sam to have been ruined by the late
freezes. The farmers say this, but then
jou know how they always talk.
A large balloon passed over Isle of
Hope Saturday morning. It came
ini U iv t Q e ™ rection of the sea, was go
A ery little property, according to
our country exchanges, seems to have
changed hands in the sales of last
Tuesda3’. The people are waiting for
the Presidential wagon.
Miliedgeviiie Recorder: Mr. Cullen
Wood, au old citizen, died at his resi
dence in the eastern part of the coun
ty, on the 31st ult., aged 84. He had
been blind about 15 years.
In Monroe county the salary of the
Treasurer is only S3OO. Tho Tax Col
lector will receive a commission for the
State tax collected, and in addition will
receive §2OO from the county.
In McDuffie county at the late elec
tion Sol Norris was elected Sheriff by a
majority of 607 over J. M. Wilson
Iverson G. Worrill, Tax Collector, J. D
Montgomery, Receiver, and Thrasher
was elected Ordinary.
Tho late county election in Thomas
was a perfect Waterloo in that county,
and Radicalism died very hard, but it
is v§ry dead. The whole Democratic
ticket was elected, tho majorities rang
ing from four to seven hundred.
Macon Telegraph : A lot of 720 bales
was sold yesterday by Messrs. Camp
bell & Jones to Messrs. Cargill &
Holmes, which brought about SBO,OOO.
This is the largest sale made in one lot
during the season, or probably for a
number of seasons past.
Croniu, tho Oregon elector, who has
made himself a name la connection
with the Oregon electoral college busi
ness, was once connected with Mr. J. A.
Stewart, of Conyers, in the express
business. He was in Oonyers about
three years ago, and paid Mr. Stewart
a friendly visit.
The Sparta Times and Ptanter nuts it
thus concerning Mr. B. H. Hill: “Wo
don’t blame any man for admiring the
pluck and ability or Mr. Hill; but with
it all, he is, in our humble judgment,
the most inconsistent, conceited, so
phistical genius that shines in the con
stellation of American statesmen.
An attempt has been made to Injure
tbe character of Mr. B. M. Zettler, of
Macon, formerly one of Savannah’s
public school teachers, and in a card
in the Macon Telegraph he asks a sus
pension of judgement in the matter
for a few days, when he will proceed to
put himself right before that commu
nity.
Macon Telegraph : A difficulty oc
curred last Thursday in Twiggs county
between Messrs. Lem Burkett and Win.
Fitzpatrick, in which each received two
! shots. Mr. Burkett was probably mor
tally wounded. The affair occurred at
, Mr. Burkett's residence, about five
: miles from Irwinton. We have heard
; so many reasons of it, that we think it
j best not to give any of the particulars
until they are more reliably obtained.
Gainesville Suutht'on : A rich sight,
and one seldom seen in this ciimate,
was enjoyed by our citizens on election
day. Mr. Minor Browu, of Brown’s
Bridge, came into town about eleven
o’clock, with a dozen of his neighbors
comfortably seated about a piping-hot
stove, upon a large sleigh drawn by a
pair of the largest, fattest aud finest
oxen in Hall oounty. The whole rig
was about as comfortable looking a
turn-out as our eyes ever beheld.
The Talbotton Standard contains a
deserved tribute to Senator Norwood
We give one paragraph ; There is cer
tainly no good reason why the Hon.
Thomas M-Norwood should not be re
turned to the United States Senate
from Georgia, He is a man who lias
been often weighed in the balance, and
we have not yet found him wanting,
and we find him to-day the peer of any
man on the Senate floor, so far as na
tive ability is concerned. Asa man of
. letters, as an orator, as a statistician
I and as a sound statesman, we ean find
|uo fault In h|m. Many direful thrusts
t are being buried at him by his ene
i miee, yet he seems to wear a coat of
t mail, and none of these wicked shafts
{will he able to pierce his honored crest*