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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*