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COLUMBUS, FRIDAY, OCTOBER 2 *.
Railroad Enterprise*.
We profess to be the great friend of Railroads.
We would have them run to every domicil and
through every valley in the State, provided they
were built by individual exertion aud labor. The
question, however, of taking from the Treaatgry,
money, or loaning the credit of the State to aid in
carrying on these enterprise? is attended with
many difficulties and is of extreme doubtful policy.
The revenue which flows from the people’s pock
ets into the Treasury, should be appropriated, if
appropriated at all, so as to be distributed equally
among the people and effect the greatest public
good. No interests partial in its character as
relates the publie benefit should be aided by the
f State. Indeed, it Is a doubtful point whether the
Constitution warrants the grant of a loan of the
State’s credit for any enterprise not necessary for
the purposes of government. We do not intend here
to discuss this question. Let it suffice to say, that
there will be a general scramble in the Legislature
for the surplus revenue arising from the wise
and economical management of the State Road. It
will require firmness on the part ot the Legislators
to resist the overtures and monied influence ot in
terested men. Let the State stand upon the old
Republican principles of the Democracy—princi
ples laid down by our fathers in the administra
tion of Government, and we may fear no evil. Let
the Legislature examine the veto of the bonus bill
by Mr. Madison, of the toll-gate bill for the Cum
berland road by Mr. Jefferson, and of the Mays
viUe road by Gen. Jackson, and they will find
there those great principles which should guide us
now in the management of our State Government.
Take care of the people’s money should he our
motto.
The Overi.anh Mail to California. —As
the Overland Mail from St Louis to California may
now be regarded as a “fixed fact,” it is well
that the people should be advised of the timeof its
departure. The mail is made up specially for
California, and leaves St. Louis on Monday and
Thursday mornings. To ensure their transmis
sion by this route, letters should be endorsed “by
the Overland Mail.” The price of postage on
single letters is three cents —by the steamers it is
ten cents. No newspapers can be sent by the over
land route, but letters containing printed slips, it
is presumed, may be sent.
Health op the City. —Our weekly summing
up shows but little abatement in the number of
doaths from yellow fever, since the last report, but
a manifest improvement in tho general health of
the city. The cases of fever have materially di
minished during the week, but the few’ that have
occurred were of an obstinate and malignant type.
The weather yesterday was wet and cloudy and
xva Lavo sorao promise, the wise ones say, of a frost
apon the clearing up. We perceive that a few of
our citizens, who have been absent during the
summer and fall, have returned ; though the large
body of them adopt tho more prudent course of
keeping away until frost shall havo put an effec
tual quietus to disease.— Savannah, Jit-publican,
27fh, _ _
Montgomery Mail says, we “under
stand that Chief Justice Rice has declared his in
tention to resign his seat on the Supreme Bench,
to take effect early in January.
Judge Rice will retire from the Bench, very
much against the wishes of the Bar of tho State,
who have the highest appreciation of his legal at
tainments and his worth as an individual. He
cannot afford, however, to make a sacrifice of serv
ing the State, at $3,000 a year. He will resume
the practice of law in this city.”
Burning of the Bex Fraklin.— The New
Orleans and Memphis mail-line packet, Ben.
Franklin, was destroyed by firaon Thursday last
near Ashton, on the Mississippi river, between
Memphis and Vicksburg. As soon as the fire
—oa po. A ria.U L 1 .1. -
shore, aud at length, as a desperate chance, had
her scuttled, but even this failed to save her, aud
she was entirely consumed with her valuable car
go, estimated at some SIBO,OOO. The boat is val
ued at $70,000. Tho crew and passengers num
bered 200 altogether, and all got ashore with
their baggage and every thing. Quite a number
of ladies were on board, and among the gentlemen
was Senator Slidell. All tho boat books and pa
pers were saved. Among her cargo was 3038
bales of cottoo.
The Bubble in the Cable. —A writer from
Valencia, October 4, in speaking of tho state of the
Atlantic Cable at the time it was laid down, says :
“Many defects no doubt arose from the old
method of covering the wire with its gutta percha
covering which the company themselves uso, aud
much from the negligence of men. On the place
where the splice was made, in the centre of the
Atlantic, one bubble, almost the size of a coffee
beau, had to be cut out. How many hundreds of
similar places might there have been that were
never seen ? The defective centering of tho cop
per conductor in its gutta purcha covering was
also, no doubt, a source of many serious faults, for
the reson that the gutta percha, being very thin in
some parts, allows the powerful electric currents
from the induction coils to pierce it and touch the
outside wires ; once this fault, which is technical
ly called “blowing a hole” in a cable, takes place,
such a loss of the signalising current ensues
that the cable is rendered useless or a great aug
mentation of battery power is rendered necessary ;
and when this last remedy is resorted to, the hole
becomes larger and larger, until the water, get
ting freely to the wire, oxydates it away in a very
short time. Such accidents have frequently oc
curred in the cables between England and the
Hague, and there is not the least doubt that there
are mauy scores of such faults along the Atlantic
wire.”
MaJ. Cooper's Railroad Completed.
We find the following note from the Hon. Mark
A. Cooper, in the Cartersville Express of the 22d
instant;
Etowah. Ga., Gut 19, 185S.
7o the Editor of Cartersville Express.
Dear Sir : The Etowah railroad has this day
been completed, and the trains arc regularly run
ning in connection with the passenger trains* of
the Western and Atlantic railroad. This being
an era in our history, the event was distinguish
ed by the firing of a salute, from ordinance made
and cast at Etowah Foundry. Mr. L. Kendrick
was our contractor fur building the road, and Eu
gene” Lellardy the chief Engineer.
As soon as arrangement? are made we will duly
celebrate the occasion. Morning guns will be
.fired till the celebration.
Yours respectfully,
Mark A. Cooper,
President Etowah Railroad.
Major Cooper, says the Augusta Constitution
alist, is a Nepoleon of work, aud does whilst oth
ers speculate. At the last session of the Legisla
ture, he applied for aid to builda railroad from his
iron Works at Etowah to the State road, upon
conditions which would secure the State from the
possibility of loss, and showed that his enterprise
was entitled to it; if any is, from the fact that he
gives to-the State road from his own business at
Etowah, as rhucUfreight as it receives from any
of the way statiotfl between Atlanta and Chatta
nooga. His application was considered aud re
jected, and in the mean time, be has taken all the
stock in the road, which is several miles long,
built it himself without aid from any quarter, and
celebrated its completion with ordinance which he
cast for the purpose.
Montgomery and Decatur Railroad.
The advantages, which Montgomery will obtain
by this road, are numerous. When completed, it
will place her in connection with the Selma and
Tennessee road—the routes from Ely ton, into
south-western and north-eastern Alabama—with
Decatur, Athens, Columbia, Nasbvilc, Chicago,
and the northern lakes—with Tuscumbia, Mem
phis and the Mississippi river—with Huntsville,
Chattanooga, Cleavland, Knoxville, Danville—
Washington, Baltimore, Philadelphia and New
York.
It will bring to her market, horses, mules, cat
tle, hogs, sheep, pork, bacon, lard, flour, wheat,
oats, rye, barley, iron, copper, marble, lead, lime,
stone rock, brick, wood, lumber, clothing, leather,
shoos, cotton, bagging, twine, rope, aud various
other articles, which might be enumerated. It
would not alone benefit a few inns, clothing estab
lishments and omnibus owners, but its utility
would be general. —Montgomery Mail.
New Orleans, Oct. 28.— There were only
twenly-one death* by yellow fever in this oity on
Wodoeidty,
Comptroller Ocneral* Report.
Tax on Lotteries.
While hands; both State and forqjgu/and rail
roads are*equired to pay a specific and extra tux.
there is tin interest now recognised by Taw in this
.State, that probably makes mmji more money t*
the capital employed than any other interest, that
pays no tax at all, So far as I caff discover. I al
lude to she Lottery interest. I can sec no reason
why lotteries are so highly favored. If they be
calculate*] to develop the resources of the State in
crease its wealth or population, or promote honest
industry, these good results have not yet been seen
by me. * Surely, then, a good tax might be paid
into the treasury by those who manage ami enrich
themselves with them. The Tax on Lotteries
ought best be collected and secured, by a specific
Tax or each Maliager of Lotteries authorized by
the laws of Georgia.
* Taxon Insurance Companies.
Neither have I been able tq,discover where In
surance Companies, either domestic or foreign,
pay any tax into the State treasury. They ought
to piiv a tax at least upon their capital.or net prof
its made in this Stale. Other States tax Insurance
Companies, and especially Foreign Insurance
Companies. T can see no reason why they should
be exempt from Taxation in Georgia.
Tax on Money rfv., Loaned out of the. State.
If I understand the present tax law correctly,
it is upon the ad valorem principle, and every cit
izen is required to pay tax upon all property he
holds and is in possession of, in this State, except
such as: is especially exempted from taxation.—
This appears to be the general undemanding of
the law, I believe, and most persons give in all
their property, and pay their tax accordingly.—
There aroaome, however, who do not seem so to
undertund the law, and holding notes, bonds or
other obligations for money on persons in other
States, or bonds of the United States, or of other
States, and shipping at sea, Ac., Ac., who do not
give in said assets and pay tax on the same. 1
cannot but think tho present tax law was designed
aud is intended to include all these assets in the
taxable? t<* be returned. If the Legislature con
ours with me in this construction, I would respect
fully suggest not only a declaratory amendment,
but also au alteration of the oath of tax payers, so
as to distinctly include this class of assets in the
returnbe made. If this construction here giv
en be not a correct one, it would seem that the
State encourages (in its taxation) its citizens to
remove their capital and invest it in other States,
rather than keeping it at home aud investing it
here. This would be rather a novel position for
a State to occupy.
Tax on nominal slaves and stares‘permitted to hire
their own time.
I deem it proper to report that the provisions of
an act of 1850, imposing a penalty’ or tax of $l5O
on nominal slaves, and a tax of SIOO for negroes
hiring their own time, are not and never have been
carried out heretofore, and only partially carried
out this year, and that they need amendment, and
ought to l>e more explicit and stringent, or they
ought to be repealed. But two nominal slaves,
and three slaves hiring their time have been re
turned this year, while their is little doubt but
there are hundreds of nominal slaves in the State,
that would pay the usual free negro tax of $5 or a
little more were they so taxed, still they are none,
save those mentioned, returned notwithstanding 1
have called the attention of Receivers especially to
this Act. If it was the intention of the Legisla
ture to lessen the number of nominal slaves, or lo
drive them from the State, I doubt much whether
this Act bus had the slightest effect, while on the
other hand, I have no doubt but that it has had
the effect of reducing the revenue from this class
of inhabitants considerably. The provision of the
same Act in relation to slaves hiring their time
being equally inefficient, thus far, in promoting
any good purpose.
Wulkerand Nicaraguan Affairs.
Washington, Oct. 27, 1858.
Gen. Win. Walker’s movements is attracting se
rious diplomatic attention here. It is well known
that he is well supplied with money and men ; and
it is equally well known that officers in the British
West India squadron have emphatic orders to in
tercept all fillibuster movements, or expeditions,
against Central America.
It is feared that in case Gen. Walker attempted
to land any forces in Nicaragua he will lie repulsed
by the British cruisers; aud serious international
questions will then arise between England and
the United States.
Naval Intelligence.
We learn that the United States sloop-of-war,
St. Mary’s sailed from San Francisco for Panama
the 27th August, via Accapulco and Manzilla. On
her arrival at Panama it is intended to relieve her
officers and crew, in accordance with the praise
worthy regulation established by the efficient Sec
retary of the Navy, Mr. Toucey. The St. Marys’
two years’cruise expires in Decembcj, and hav
ing been most thoroughly repaired at the navy
yard. Mare Island, she will doubtless be in prime
order to receive her new crew. The great inajori-
San Fra.ncisco'her’ complement was recruited.—
Only fifty men of the old crew and her officers re
maiu to be detached, and this will no doubt be effec
ted across the Isthmus. All she will require Is a
new complement of officers, the fifty vacancies in
her crew being filled readily on the other side. The
numerous friends of her officers will, without
doubt, be gratified by this news of their speedy re
turn. We trust that the two years system may be
an established regulat ion, as it is decided improve
ment and meets general approval. Three years
was too long a term for service in hot enervating
climates, and Secretary Toucey deserves and will
receive, much praise for the initiation of so saluta
ry a rule.
The United States frigate. Merrimae, bearing
the Square flag of Flag Officer Long, sailed from
Callao for the Sandwich Islands September I.
Letters for her are ordered to be sent to Acapulco
where she will be about the first of December.
The Army and Navy. —The U. S. Steamer
Artie left the Norfolk Navy Yard, on Wednesday
last, and went down to Hampton Roads. The
Preble was taken out of the dry dock, at the Gos
port navy yard on the same day.*
There are at the present time nearly two thou
sand five hundred men employed in the N. York
Navy Yard. The Susquehanna, was towed up to
the yard on Thursday.
The U. S. storeship Release has received orders
to be in readiness to sail on Monday next. Her
stores for the Paraguay fleet, are nearly all in,
and those who wish to send letters or papers to
their friends on tho coast of Brazil should send
them to the Naval Lyceum, in the Brooklyn navy
yard, before that time.
Dry Goods Trade.
The following is a comparative statement of the
imports of foreign dry goods at New York for the
week and since January Ist:
For the week. 1857. 1858.
Entered at the port, : : 914,211 943,592
Thrown on market, : : : 202,767 1,014,428
Since January I,
Entered at the port, : 84,899,789 50.426,086
Thrown on market; : : 78,993,924 58,212,110
The above table exhibits a falling oft’ both in
the amount of entries at this port anti the amount
thrown upon the market compared with the cor
responding week for the preceding year. The
same remark applies to the period since the Ist of
January last to the present date. The fall sea
son may be considered as about over. The trade
from the West, which has been irregular and light
through the autumn, closed with less spirit pro
bably than would have been the case had it not
been for the late severe depression in breadstuff's.
The absence of any export demand of importance,
with large receipts from the interior, have tended
to reduce prices. The stocks are large here and
also in Buffalo aud Oswego. The supplies held in
the latter places will hardly have time allowed for
their shipment to the seaboard before the closing
of the canals.
Vole In Pennsylvania.
The official vote at the recent election in Penn
sylvania is thus given in the Northern papers:
for Supreme Judge. —Reid, Republican, 198,-
119: Porter, Democrat, 171.096—majority for
Reid. 27,023.
For ('anal Commissioner. —Fraser. Republican,
196.620; Frost, Democrat, 171,336 —majority for
Fraser, 25.284.
There seems to be a “difference of opinion” as
to the position Messrs. Schwartz of Berks, Hick
man of Chester, and Montgomery of Washington,
will occupy when they reach Washington. They
were elected to Congress at the last election, and
were known as anti-Lecompton Democrats. Some
Democrats insist that they will cordially act with
the Democratic party, while some think other
wise.
The delegation to Congress from Pennsylvania,
regarding Messrs. Schwartz. Hickman and Mont
gomery, as acting in opposition to the Demoratic
party, will be. Republicans 23, and Democrats 2
Messrs. Florence and Dimmiek. The New York
Tribune, a Republican paper, thinks that Sehw’artz
Hickman and Montgomery, will not act with the
Republicans.
The Negotiations with China.
We learn that dates have been reccdved from
the legation of the United States in China to July
31st. The treaty with this government, and
thoso wiih Great Britain, France, and Russia,
have all been ratified by the Emperior. Nothing
remains wc suppose, on our part, but the final
approval by the President and Senate, of the trea
ty negotiated by Mr. Reed, when it may be dis
patched to China for the exchange ofratifications.
This fortunate settlement of the Chinese questions,
without the difficulty and expense which would
have attended a distant war, reflects credit alike
on the administration and on its able negotiator in
Wash. Union,
COLUMBUS. SATURDAY, .OCTOBER 30.
Advertising the Laws.
The Savannah Republic an says:
“In view >f the delay always incident to the
publication of the Act s\>f the Legislature, the pa
pers are discussing the propriety of a law requir
ing that they shall be made known through the
public press. A cotemporary in Rome suggests
that they be published in all the papers ot rile
State, immediately upon their enaeluient, thereby
giving them the most complete circulation possible
among the people. Another suggests that the ex-,
pense attending such a system would be too great
a burthen upon the treasury for the good that
would result from the system, and a publication in
the two principal papers of each Congressional
District would attain about as near to the end de
sired as would be found practicable with a proper
regard to economy.
This last view we are inclined to favor, and
we hope the Legislature will take up the matter ut
its approaching session, and give it such attention
as the public necessities shall be found to require.”
The Laws and Journals of the Legislature were
published at this office fend dispatched to the Gov
ernor months since. We know that the delay in
the distribution in the present instance is owing to
causes which Gov. Brown can easily explain.—
Among other reasons, the Legislature authorized
the distribution of Hines’ Legal I mans m every
county throughout the State. They were not
ready—being still in tho hands ol the printer
when the Journals were sent to Milledgeville irom
this office. Gov. Brown delayedHhe distribution
with a view* of sending Agent with both the
Laws and the Forms. It was merely a matter ot
economy with the Governor, not dreaming, we
suppose, of so long a delay. So much for the tar
diness of the distribution the present year. As to
the recommendation of our cotemporaries, w’c have
merely to say, that the best and only argument in
favor of printing the Journals’ in the newspapers,
is, to help a working, energetic, industrious craft,
who, though deserving, art* the last to reap the
fruit of their labors.
If the printing is to be a bonus to the newspa
pers, as a reward of public merit, we think it wor
thy the consideration of the Legislature, other
wise we arc opposed to the suggestion. It will
find no favor with so economical an administra
tion as that of Gov. Brown.
.Session at Mllledgcvlle.
Our cotemporaries of Augusta, the Constitution
alist and I)ispatrh have made arrangements for
reporters during the session at Millegdeyille, so as
to give their readers the latest news and proceed
ings of the Legislature. They expect an increase
of their subscription list, as the pricjjgfd’ the paper
during the .session is only sl. In regard to the
ISme*, we have to say, that we will not be laggard
in furnishing our readers with the latest intelli
gence from the Capital during the sitting of the
General Assembly. One of the Editors of this Jour
ual will be present during the session and will find
time from his Legislative duties to communicate
frequently with his readers upon subjects, which
he may deem of public interest. The Federal
Virion of Milledgeville will have a daily and the
Recorder a tri weekly during the session.
Steamer Harriet Sunk.
The U. S. Steamer Harriet which was engaged
carrying the mail between this place and Apalach
icola, was run against a log, ut Live Oak Bend, in
the Apalachicola river on Wednesday the 20th inst.
causing her to sink almost immediately. Nearly
two hundred bales of cotton were oil board, the
most of which she received at Munnerlyn’s land-
The cotton wc learn has been greatly damaged,
and that the loss to Col. C. and. Munucrlyn will not
be less than SI6OO. — Ha inbridge Argus.
Location of the Main Trunk.
The corps of Engineers of the A A G. Railroad
are now engaged in running, as near as possible,
an air line between this place and Thomas\ille.—
After this is completed, and an estimate of the
cost of the two lines made, they will proceed im
mediately to locate the road to this place. It is
presumed they will accomplish their work in about
two weeks, or loss, when the whole road, from the
initial point to Bainbridge, will be located.—Rain
bridge Argus.
lutcrcMtlng Case In Henry Cos., Ala.
Francis J. Cobia, a gentleman who was tried up
on the charge— * ’ *’
years since, was convicted of “man slaughter in
the first degree” at the last Superior Court of Hen
ry Cos., Ala. When he was arrested in 1815 in
Montgomery, he was thrown into prison, where
he remaiuerl three years. His first trial came off
in 1849, when he was found guilty of Murder in
the second degree. His case was carried to the
Superior Court by his counsel and reversed. At
his late trial the finest legal talent was arraigned
against him in the persons of Attorney-General
Baldwin and Alphcus Baker, Jr. He was defend
ed by Messrs Jefferson Buford and James L. Pugh.
He was convicted as above stated and sentenced
to three years imprisonment in the penitentiary'.—
The Jury having recommended the prisoner to the
elemency of the Court, and having signed a peti
tion for his pardon in view of his previous impris
onment, we understand, he has been released by
Gov. Moore of Alabama.
The case was one of great interest.
Summary of News.
The elections have passed off in many of the
Northern States, resulting in the triumph of the
Republicans in Pennsylvania and Ohio, and the
Democrats in Indiana and lowa. Hon. J. Glan
eey Jones, who was defeated by Anti-Lecompton
Schwartz, will leave for his mission to Austria, to
which he has been appointed by the President,
next month.
The new's from Mexico relates to the recent en
gagement between ViDAX'Rm and Miramon. The
former was defeated with a loss of 500 men killed,
and 2,000 taken prisoners.
An express from Monterey to Matamoras, how
ever, says that their loss was not so great—that
only a portion of the artillery and munitions were
captured by Miramon’s forces, and that the Liber
al party made their retreat from the field in good
■order. An official paper received at Monterey
says that Vidaurri had already sent orders to the
commander of Tampico for another park of artil
lery, which will soon be in the field, together with
the many forces concentrating about Vidaurri to
renew the attack. Col. Guadalupe Garcia was to
leave Tampico on the 2d inst., for the interior,
with 300 infantry and three pieces of artillery.—
Vidaurri had arrived at Monterey on the Bth
instant.
The.yellow fever is still infesting some of our
Southern ports. Charleston, Savannah, Mobile,
New Orleans and Galveston. The number of
deaths from yellow fever in New Orleans since the
fever commenced, runup to the large figure of
4,1 S3.
The last news from Brownsville, Texas, reports
the death by yellow fever of Col. Kinchen L.
Haralson, Collector of Customs at that port.—
This gentleman was a brother of the late Hon. Hr.
A. Haralson, of LaGrange, Ga., ami former
Representative in Congress from the 4th Dis
trict.
The American treaty with China has been rati
fied by the Chinese Emperor. It only awaits,
now, the approval of the Senate and signature of
the President.
j/I-fif-The Atlanta Intelligencer, of yesterday,
says:
“We regret to learn that Colonel Haralson, the
Collector of Customs at Brownsville, Texas, died
a few days ago there, of yellow fever. He was a
brother ot the late lion. Hugh A. Haralson, of
Troup. _
Mails for Germany.—lt is officially stated
that mails for Germany will be regularly made up
and despatched from N.ew York by the several lines
of United States, Bremen and Hamburg mail
steamers, as follows, viz :
To Bremen on 30th October; Hamburg on Ist
November; Bremen on 6th November; Hamburg
on 15th Nov.; Bremen on the 20th and 27th of
Nov.; Hamburg on Ist Dec.; Bremen on 4th Deo.;
Hamburg on 15th Dec.; Bremen on 18th and 25th
Dec.
The rates of postage to Germany upon letters
transmitted by either of the above lines of mail
steamers are precisely the same, being the regular
established rates “by Bremen or Hamburg mail,”
as published in the table of postages to foreign
countries. Postmasters in the interior should for
ward at once to New York all letters, <fco., for Ger
many, mailed to go by either of said lines. i
Tin. Yellow Feve at Artillery Posts.—
The following is a general statement of the uuin
ber of deaths from yet|jw fever up to the current
date, at several -ortilfery stations of the. United
States f *
At Fort Moultrie. Sulß van's Island. S. C.—
Thirty iq* hi. Garrison, two companies und regi
mental band. v * •
Fort Broun, Brownsville.’ Texas—Garrison.
: company I\. Ist artillery—two sefgcunts. threet
corporals, twyfity-five privates, two laundresses,
one ordnance sergeant aud so? wife, with Col. F.
Taylor, .Major Ist art i I levy, commanding, There
Were ou the 12th instant 25 men siek in the hospi
tal, and only 12 for duty our of 70 strong, in Sep
tember,
At Fort McHenry. Md.. one sergeant, one pri
vate. bud laundress, one ordnance sergeant.
The EpiDKMic.-AOnee more we rejoice in recor
ding the burials qfoyellow fever in the units.-r-.
There were but three yesterday, although this
fluctuation is scarcely hopeful in the presence of
the thermometer's range, which was up to 81 deg.
before noon yesterday. How much higher it
went in the three hot hours following we did not
observe.
At Poirft Clear, on the previous night, many
sanguine observers thought they saw signs of
coming frost, bill morning dissipated tho allusion.
We ardently wish we could, but cannot* counsel
the return of absentees, fop the very many sick
forbid the belief that the present brief record is
part of a declining scale. —Mobile Register, Octo
ber 27.
The Fever. —The epidemic continues to de
cline slowly. The Board of Health report 42 as
the number of deaths by the fever for the twenty
four hutirs ending Friday noon, and 45 as the
number forth© twenty-four hours ending Saturday
noon. The course of the fever during the week
was as follows:
Thirty hours ending Monday noon, - Cl
Twenty-four hours ending Tuesday noon - 34
“ “ “ Wednesdoy noon, - 16
“ ** • Thursday noon, - 41
11 “ “ Friday noon, - 42
“ “ “ Saturday noon, - 45
Total for the week, lessl 8 hours, * - - 239
The returns for the remaining eighteen hours of
the week, (which ended at 6 o’clock yesterday
morning,) will probably swell the week's total to
about 250. The week before, the fever mortality
was 308. The decrease of last week weuld there
fore be about fifty-five or sixty.— S. O. Cres-
Thc Camels.
A New Orleans paper announces that two vessels
have arrived oft’ that city having on board 110
camels, imported by the federal government and
supposed to be intended to join those already nt
Camp Verde, near San Antonio, Texas. All those
imported by former arrivals are said to be doing
well.
The latest accounts respecting them are that for
ty-nine, including all those last imported, are at
Camp Verde, aud the others (seventy-five in all.)
arc employed by Lieut. Beale in his explorations
in New Mexico and California.
Twelve or fifteen young ones have been added to
their number and promise to become as large and
strong as their parents. The Washington Star
says :
; The Secretary of War is thoroughly satisfied of
j tiro great usefulness of these animals, and of their
superiority for army service in the wilds of the in
terior over both the horse and mule. This opinion
is confirmed, too, by the experiments already made,
especially those by Lieut. Beale, who has used
them in crossing the plains of New Mexico, and
in traveling oyer the mountains, and found them
entirely capable of enduring the climate, and of
being employed to great advantage. Notwith
standing these facts, however, a number of the ar
my officers speak in disparaging terms of the ex
periment ami manifest no little prejudice toward
the animals. Be this as it may, from the experi
ments already made, there is no reason to believe
that their prejudices are founded on such reasons
us to entitle them to any serious consideration:
and it is generally believed, by those best acquaint
ed with the matter, that the increase of camels in
the,service will, ultimately, prove to l*o a measure
of great economy and utility.
New York Politics.—Mexico— Administration.
At an enthusiastic democratic meeting at Tam
many Hall, New York City, on the 24th instant,
among other speeches delivered, we extract the
following from the Hon. John A. Dix. Ho said:
Union? mllt . I}u©ih a nan’s. L 'f'/his recom
mendation had been adopted, she would, as I have
already said, at -this very moment have been in
the Union with a Constitution of her own choice.
She has been kept out of the Union by the act of
her professed friends. Ido not inquire into their
motives. I never impute motives to .any man or
set of men. Some of them may have desired to
keep the question unsettled for political uses. But
it is more charitable to suppose that they took a
course which they knew would for a time keep
Kansas out of the Union for the sake of principle,
which they would not consent to give up, even
though they should thereby accomplish the object
they professed to have at heart. These are, to
use the language of a modern writer,
“Good patriots who, for a theory, risk a cause;”
and it is but fair that those who claim the merit of
adhering to the theoretical principle, should bear
the odium of the practical wrong, which their con
scientiousness has produced. I admit conscien
tiousness for courtesy’s sake and for the sake of
the argument; though it is somewhat difficult to
believe that the party to which we are indebted for
the contrivance of carrying measures through
Congress by the aid of factory stock, may not have
been influenced in this matter by a lower motive
than political virtue. At all events, it is right that
the of keeping Kansas out of the
Union should rest where it belongs— not on Mr.
Buchanan, but on those who thwarted and defeat
ed him in his purpose of making Kansas a State
with full power to regulate her own concerns in
her own way (applause.) There has been and
still is a great deal of misapprehension on this sub
ject, and it may be that it has had its influence on
the recent unfortunate result in Pennsylvania. I
am not sure that the result is not due, in a great
degree, to the depression in business during the
last year, and the effect of the revulsion in a State
which depends largely for her prosperity on manu
factures. In seasons of general depression the
Government of a country is sure to suffer in popu
larity. Even though the prevailing evils are
avowedly not to be traced to its measure or its
policy, the mass of the community are apt to fa
vor a change of Administration in order to take
all the chances of a change of times. It is well
known that there is a strong feeling in Pennsylva
nia in favor of a high tariff. Nothing could he
more irrational. The spirit of the age is against
commercial restriction. Standing as wo do, only
ten days from the great Atlantic States of the
Eastern Hemisphere for all purposes of personal
intercourse, and but a few hours, as we shall wheu
the Atlantic Telegradh is in {operation, for the
communication of intelligence, it is idle to sup
pose the communities on either side will endure
any further restraint on the interchange of their
products. It would he a retrograde step in the
progress of civilization, at which the instincts of
the age would revolt.
There is but one mode in which the industry of
the country can be advantageously stimulated, and
that is by opening more fields for the consumption
of its products. Our manufactures should see this
and act accordingly, instead of expending their ef
forts on the maintenance of antiquated systems,
the downfall of which is inevitable, as the commer
cial interest of the country did for many years in
upholding the Bank of the United States, and re
sisting the Independent Treasury. The most ef
fective of all tariffs they could possibly have is to
be found ill the annexation of'C'ubaand Mexico, in
breaking tip the systems of exclusion which pre
vail there, and in introducing our own products
free of duty. l*et them consider for a moment
what an impulse would be given to production if
the eight millions of people in Mexico could be free
ly supplied with the fruits of our industry ! That
Republic is in a state of complete disorganization.
Parties are arrayed against each other with arms
in their hands, breathing the most deadly hostili
ty. There is no security for property or life. So
cial order is subverted, and there is no prospect of
its restoration but through the interposition of
foreign aid. Her proximity to us renders all inter
ference in her affairs by European powers wholly
inadmissable. it would be dangerous to our safe
ty. We could not consent to it. But we cannot
reasonably resist interference on their part, and
at the same time decline to act ourselves with a
view to past and to existing evils. It is a great
question, I admit—one which should he well con
sidered, and one on which opinions in this country
will be divided. For myself, I have no doubts*—
I believe the interests of humanity and our own
are in unison. And it is a curious fact that, while
the great powers of Europe have hitherto looked
with jealousy and disfavor on our extension, some
ofthc leading organs of opinion abroad are now
calling on ns to interpose and put down social dis
order in Mexico for the bene tit of the civilized
world, by taking that Republic under our protec
tion. lam in favor of responding to the invoca
tion in the most prompt and effectual manner; and
I believe there is statesmanship enough in the
country Us devise a plan of union by which our
neighbor may be made a sharer of our quietude,
our freedom, and our prosperity, to the advantage
of both. But, fellow citizens, this is too important
and extensive a project to he discussed in detail
here. Let me dismiss it and bring my remarks to
a oloe* by a single reference to a nearer neighbor,
who has recently fallen uway from tho .political
faith of her fathers—Pennsylvania. Instead of
being discouraged by*theexample of her defection,
it should rouse us to new exertions to put N. York
light. . If the public mind there has for the mo
ment betfq carried away by popular delusions* let
us labor the more earnestly to clear up the politi
cal atmosphere here. IT Mr. Buchanan in his own
home, has been .successfully assailed by the perfid
ious arms of men over whose heads in the hour of
tli&r need he has more than once held the shield of
his friendship und protection, let us living New
York t-o his aid, and for every unfaithful partisan
there give him an honest and efficient supporter
here.. (Applause.) Lot us remember, als, that in
r sustaining him we are fighting the battles of the
Democracy of the Union. Let us. then, go into
the contest like men—not for the that
base watchword of. mercenary partisanship—but
to uphold great principles of government, and to
speed on our glorious country in her career of pros
perity and power. (Loud applause.)
After eloquent speeches by lioil. Jno. Kelly and
others? the meeting adjourned.
[From the Macon State Press. Oct. *28.)
Judicial Election—Macon Circuit,
The readers will find in our present number a
communication, signed “Fair Play,” which seems
to have been elicited by a paragraph commendato
ry of Judge Lamar, which appeared in a late num
ber of the “Columbus Times,” We publish the
whole together—the paragraph aforesaid; the
critique of “Fair Play;” and a rejoinder ol Mfco
“Times” to a similar critique signed “Justice,”
which We suppose is only another non deplume for
“Fair play,” who, we imagine, is “like Cerberus,
two gentlemen rolled into one.”
As the conductor of a Democratic Journal, we
do not feel at liberty to take any part in a contest
between two gentlemen whose records are so un
spotted as those of Judge Lamar and Mr. Giles,
and whatever, and however ardent, may be our
preferences as an individual, we intend to main
tain a rigid impartiality in these columns. We
have no hesitation in endorsing the eulogium
pronounced upon Mr. Giles. It is true as applied
to him—it would have been equally true if applied
to Judge Lamar: and it should be a source of pride
to the people of the Circuit that both candidates
for the exalted station .f Judge arc men of conce
ded integrity and ability, and that the adminis
tration of justice wii be safe in the hands of ci
ther.
In connection with this subject, we direct the
reader’s attention so the proceedings of a Demo
cratic meeting, lately held in Worth county. It
will be seen that they contain an expression of
opinion in favor of the nomination of candidates
for Judge and Solicitor—the time and place for a
Convention being designated, with a request that
other counties will co-operate. Wo lea\e the con
sideration of this question to the good sense of the
people.
From the Richmond South.
Virginia and the’ Protectionists.
The following paragraph from a recent issue of
the New York Courier rs- Enquirer , w ill be read
with surprise by the Democracy of Virginia:
“In the contention between the principles of
Protection to American industry and Free Trade,
Southern opposition to the former interest is to be
materially modified and weakened by the secession
of Virginia from the cause of Free Trade. This is
an event which 1 have long expected. There is
no other State that so greatly needs and would so
greatly profit by a system of rigid legislative en
couragement of home industry, as Virginia.—
There is no other State which has so much iron,
1 coal, salt, lead aud gypsum, so much available
i water power, and I may add, so much idle and
now worthless manual power, as Virginia. The
Richmond Enquirer, the standard democratic au
-1 thority for the State, recognizes these fact?, and
i calls aloud for “the develpment of natural re-
We cannot wonder that such an inveterate
Federalist as General James Watson Webb should
1 be transported by the prospect of a restoration of
high tariffs, but we may well marvel to find any
body so credulous as to imagine that Virginia
1 will assist in the resurrection oj Whig absurdities.
■ If the people of this Commonwealth are more
attached to any one principle of Federal policy
1 than another, it is to the principle of an unrestric
ted commerce. If the people of this Coinmon
mcalth are more averse from any one principle of
Federal policy than another, it is the principle
that the general interests of the community may
. be taxed for the benefit of a particular enterprise.
1 Nobody will dispute this assertion. Every well
informed person in the State is familliar with the
fact that whenever the issue of Free Trade and
’ Protection has been submitted to the intelligent
’ voters of Virginia, they have embraced the true
and repudiated the false doctrine. In 1840, when
1 the whig* achieved a “dishonest victory” in the
J Old Dominion, they succeeded by the renunciation
of their peculiar tenets. Their address of that
year will show that they did not dare appeal to
the people in support ol’ a high tariff. True, they
indulged largely in the declamatory commonplaces
of the Protectionist school, and for even that haz
, ardous indiscretion they were severely punished at
; the susequent election. The Democracy have
maintained their ascendancy in Virginia chiefly
by reason of their chamoionsliij) of Free Trade.
tion, would guaranty their constant fidelity to a
> popular cause. But, in truth, this principle is the
1 cornerstone of their creed—is the fundamental
postulate of their political philosophy. They believe
in it with the force of undoubting conviction, they
are attached to it by a thousand glorious associa
tions. It was this watchword which animated
1 and sustained them in their arduous and decisive
struggle with Federalism; nor will it ever be re
■ peated without rekindling their old fire aud recall
-1 iug the proudest recollection of their history. The
“secession of Virginia from the cause of Free
Trade,” is then, nothing more than the vain imag
ing of a desperate spirit.
Constitutionalist for the Session
We will furnish the Daily Constitutionalist, du
ring the session of the legislature, for one dollar,
in advance.
Our morning edition is now delivered almost si
multaneously at Savannah, Macon, Milledgeville,
Athens, and otherpeints, early on the morning of’
publication, and contains the market reports of
the day previous in New York, New Orleans, Mo
bile. Charleston, aud Savannah, received by tele
graph, as well as the report of our own market.
We will have a reliable reporter at Milledge
ville, to furnish the readers of this paper with the
proceedings of tho legislature.
We will have a telegraphic correspondent at
Washington, to supply us with important Con
gressional news as soon as Congress meets.
We have arrangements with the Associated
Press, to have our readers promptly supplied with
the latest foreign news—and, in a few words, we
have ample and complete arrangements to furnish
the patrons of this paper with the earliest and most
reliable news, foreign and domestic, commercial
and political.— Augusta Constitutionalist.
Cotton.—A specimen of Sea Island or Long
Cotton, grown in the District by Mr. John B,
Mansell, has been left with us. Mr. M. brought
the seed from Florida, aud gave its culture his
personal attention. The stalk is “represented as
growing large, and hanging thick with bolls: one
stalk bearing one hundred and twenty-five. The
cotton is white and of excellent quality. —Keowee
Courier.
Stewart Superior Court.—This tribunal is
still in session, his Honor, Judge Kiddoo, presi
ding. His Honor manifests a great desire to bring
up the business of the Court, and is entitled to
tho thanks of our people for his manly and efficient
discharge of duty. We wish him much happiness
and a long life of prosperity and usefulness.—
Lv mp kin Palladium .
The Supreme Court of Michigan has de
cided that the proprietors of a steamboat are not
obliged to give a colored person a cabin
if such be the regulations of the boat. The infer
ence from the Judge’s opinion is that the captain
has no right to refuse a negro passage generally—
as on deck.
luion of Telegraph Lines.
Washington, Oct. 28.—The American and
House Telegraph lines between Washington and
New York, have been permanently
Official Majoritiesfcfor Congress In Pennsylvania.
1. Florence , - 331 I 13. Dimmick , - 1,443
2. Morris, - 1,623 j 14. Grow, - 7,706
2. Varee. - - 1,143 | 15. Hale. - - 1,889
4 - Mil ward, - 2,298 | 16. Junkin, - -40
5. Wood, - - 2,492 j 17. McPherson, - 267
6. Hickman , AL 1)1,601 ; 18. Blair. - - 2,435
7. Longnecker, - 249 j 19. Covode, - - 965
8. Sckioartz, a. l. and. 15 I 20 Monigomery al and 3 460
9. Stevens, - 3,172 | 21. Mourhead, - 1,660
10. Killinger - 3,320 I 22. McKinght - 1,535
11. Campbell, - 2,766 | 23. Stewart, - 2.924
12. Scranton, - 3,860 j 24. Hall, - - 832
25. Babbitt - [2,247
Democrats in Italics: Opposition in Roman.
Distinguished Visitors.—R. R. Cuyler, Esq.
Dr. Scriven, Hon. Geo. T. Ward, of Fla.. Col. Ke
nan of Baldwin; Col. W. S. Rockwell, Maj. A. 11.
Colquitt, of Baker; Hon. J. R. Lyon, of Butts;
Hon. Wm. C. D. Cook of Early, were at the La
nier ID use last week. Judge Owen, H. Kenan,
Hon. Charles Spalding and Got. Brown, were at
the Brown House; Col. William S. Moughari, of
Jones: Hon. Eli S. Griffin, Senator and lion. H.
Faulkner, Representative from Twiggs, were also
in town during the week. —Georgia (Moron) Tele,
graph. |
Xo Emigrants to Nicaragua without Passports.
Augusta, Oct. 30.*—Irissarri (a Nicaraguan
ambassador at Washington) announces that pass
ports will he necessary for emigrants to Nicara
gua. [this is intended to “head off” Walker’s emi
grating expedition, now collecting at Mobile, anp
is of doubtful legality in view of our treaties with
COLUMBUS, MONDAY, NOVEMBER 1.
Public Oplulon-lduiiiihtrutton—Dougins
Wc have received a private letter from u distin
guished gentleman in the lower part of this .State
in relation-to the bitter wurofare which has been
carried on for months betweeu the Administration
and Mr. Douglas of Illinois, which we think re
flects the voice of the people as to the merits of
this controversy.
It is known to our readers that with all our sym
pathy for the administration, we have ignored a
participation in a fight which appears so personal
and vindictive in its character. The union and
harmony of the Democratic party, we regard of
more interest to the people und especially tho
Souili, than the gratification of a triumph either
by Mr. Douglas, on the one hand or the adminis
tration on the other. Tho administration has
stood gallantly with ihe*South in the recent con- -
test in Pennsylvania—unmoved by the siren song
of protection of home industry by u high impost
on iron-*—and will receive the meed of praise from
a grateful people. Its position, too, as regards
the Leeompton Constitution was in accordance,,
with justice and right, but let the warfare cease be
tween it and Mr. Douglas. If Mr. Douglas is
worthy an alliance with the democratic party in
1 s6o—stands upon the principles enunciated in
the Charleston platform as our political guide, let
him be received—if he adheres to his present
heresies und insists upon their ratification by that
convention, let him be rejected. His election or
defeat in Illinois is a matter of little interest to the
►Southern people. We believe we have m: ‘ plain
our position, which wc regard the true policy for
the Democratic party. Our correspondent says:
“I am much pleased wiih the high ground you
have taken in regard to the position of Douglas.
In my opinion bis apologists in Georgia are destin
ed to an overwhelming condemnation by the peo
ple, the very first chance they get at the ballot
box.
The administration is in not much better order.
The crimination and re-crimination of Buchanan
and Douglas, are viewed by reflecting people as
mere incidents of the Presidential game, and find
no sympathy with the masses. As for mo, 1 be
long neither to the House of York nor the House
of Lancaster. Between Cobb and Douglas. Iha ve
uo choice.”
Bank of folumfius.
On the I.oth, of last July, the Board of Direc
tors of the Columbus Bank, passed an order in
creasing the Capita! stock to the amount <>fslsfl.-
000. This sum added to $250,000, made the whole
capital stock $400,000. Subscriptions have been
made to the amount of $285,600 to this date. In
consequence, of which, the Board will raise the
capital stock to ssoo.ooo—the charter limit—ln
this connection we might say that the Bank of
Columbus has the entire confidence of this com
munity and is looked upon as one of the most re
liable institutions in the country.
Acknowledgements.
Having been the recipient of many flattering
notices from our cotemporaries of the press as to the
management of the “Times.” we would be want
ing in courtesy, not to say a proper appreciation
of their friendship, did we not make some suitable
acknowledgement.
We thank them most cordially for their compli
ments, and will endeavor to merit their good opin
ions. Without any disposition to publish our own
praise or to make a show of what may be termed
mere editorial courtesies, be excused in
publishing the following from our worthy cotcm
porary, the Augusta Constitutionalist. It says :
“This paper, (The Columbus Times,) has donn
ed anew suit, but it was so neatly clad before the
change, that we should not have noticed its new
type and new headings, if our attention hud not
been Attracted to the editorial reference-to it. It
has always been a neatly printed and tastefully
arranged paper, and well and industriously edited.
Its editorials and selections establish the ability
aud industry of its editors : the excellent arrange
ment of matter is creditable to the taste and judg
ment of its foreman, and the neat manner in which
the paper is printed, is evidence of the experience
and ability of their pressman. The Times is man
aged by a strong team.”
The Overland Mall.
It has now been shown that the contractors for
the Overland Mail to the Pacific have* on their mu-t
fulfilled their contract to the letter. Everything
on their part shows that they are thoroughly or
ganized for the service, and thus far no obstacles
but those natural to the route have been met with,
and these havo been completely surmounted.
But there is a possible difficulty yet to over
come. There are tribes of Indians whose hostility
may yet bo encountered and which will jeopard its
safety and usefulness. It is the opinion of all par
ties in the matter that the government should give
ample protection to the company, not only from a
sense of public duty, but to give assurance to the
settlers, to whom President Buchanan alluded in
his reply to the agent of the company, that
they will not be left without support as they
advance along the line to make, permanent im
provements.
’ Hon. Sherrard Clemens.—The Petersburg
(Va.) Express of Mondby says :
We are sorry to be informed that the condition
of Hon. Sherrard (.'lemons is most critical. The
statement to us precludes all hope of his recovery
and it is even possible that while we write, lie has
breathed his last.
Correspondent Patatla. —We give place to a
communication signed “ Catania” to-dav,combat
ting the position of Judge Cone, in reference to
Col. Tucker’s eligibility to the office of .fudge. Our
correspondent, we presume, is opposed to Col.
Tucker’s election, but that does not deter us from
giving it a place in our columns. We leave to'-
Judge Cone, if he feels disposed, to argue the ques
tion'with the numerous correspondents who will
differ with him.
non. John Ml Hedge.
A correspondent of the Athens Danner, recom
mends the Hon. John Milledge as tho Speaker of
the next House of Representatives in Georgia, in
the event of the resignation of Hon. John W. Un
derwood. Were it customary, as well as com
mendable, in a political patry to elevate to position
those who oppose its principles in preference to
those who are its warm friends, wc would rejoice
iu the selection of Col. John Milledgo of Rich
mond, to the Speakership, as exceedingly fit and
proper. He is a high-toned, honorable gentleman
and presides with ability.
The correspondent of the Ilanner says :
“The present Speaker of the \ House of Repre
sentatives of Georgia, the Hon. John W. Under
wood, has stated that he should resign that posi
tion : the accomplished Irwin of Wilkes, wc also
learn, has said, that he will have nothing to do in
the matter. Now the democracy are in a large
majority, have had the honor of—and done them
selves the justice—of, electing a Speaker of then
own, and for the remainder of the session, what
should be their course ?
Black Republicanism is pushing its w ave on the
South ; we are the responsible party, and when the
great struggle of 1860 comes, let us place our
selves in that position, that we can by mn mag
nanimity, soften the asperity of party, ami tend to
make our jienple one.
The speaker jjro tan was the Han. John MHi
ed ge ol’ Riehmond—a name known in the liberal
mind of Georgia, from the foundation of ouV Uni
versity, to the present time. He is a gentleman,
courteous, affable, well versed in parliamentary
usage, and when in the chair, business was dis
patched with rapidity and impartiality.
Now as a party man. we believe the Democracy,
(having once elevated their man) cannot make a
better step so sustain themselves in the general
opinion of the State, for their courtesy, for their
catholicity of feeling than to offer this position to
Col. Milledgo. It may be nu error of judgment,
but it is sincere, and when an opportunity is otter
ed, where no principle is sacrificed, to do the hand
some aud gallant thing, we believe you mav de
pend upon the unterritied “iron-ribbed” Democra
cy of Georgia.”
News from New Mexico.
St. Louis, Oct. 26, 1858.— A despatch from
Independence says that the Santa Fo mail, with
dates to the 4th instant, arrived on the 23d. The
report of the second battle with the Nevnjo In
dians has been confirmed. 31 r. Yost, their agent,
had formally suspended all relations with them,
and he states* that their ‘wealth eonsist9 of two
hundred and fifty thousand sheep and sixty thou
sand horses, which, if destroyed, will drive them
so degporation, and that a second Florida war may
be expeettd.
FOR THE TIMES.
’ Judge Cone on Col. Tucker’* Eligibility.
Messrs. Editors:
When the subject of Odl. Tucker's constitutional
ineligibility to the office of Judge of the Superior
Court of the Patqula Circuit was first agitated, the
position assumed by yourselves and others who con
tend for his eligibility, was that the constitution
only intended to prohibit the Leislaturc from elec
ting its own members to office, mid that,
Tucker, though a member of the Legislature, was
©legible to election by the people. Since then,
however, Judge Cone having been interogated,
puts his eligibility on quite a differeui ground,—
He sets out on promises like these: Tucker is a
member of the legislature; the term for which he
was elected and qualified will not expire until the
first Monday in October, 1859; the election of
Judge will take place on the first Monday in Janu-.
ary, 1859; but the term for which he is to be elec
ted will not continence Until the first Monday
iu October thereafter. He then admits that on the
first Monday in January, 1869; (the day of the
election) Tucker will be ineligible: but contends
that although to bo elected then, and then ineligi
ble, because he is not to enter upon the duties ot
the office until after the expiration of his term as a
member of the Legislature, therefore, he is eligible
► to the election.
The Judge having admitted that, under t'locon
stitutiou, (.'ol, Tucker will be ineligible on she day
of the election, it is unnecessary to quote the
clause iu the Constitution relied on ; the Only ques
tion being, if ineligible when elected, can a subse
quent removal of that ineligibility entitle him to
the office under and by virtue of that eh\ctmi ? Or
is the election of an ineligible man a valid elect ion.
.or an election atall? Or can a subsequent act or
occurrence mako.valid, orperi’c t the valdility of
that wliiclrwas not in and of itself valid at the
iime? Judge Cone takes the affirmative. Con
tending that as the elect will beeligibk* at the time
ho qualifies ahd enters upon the duties of the office,
the election though long since past will be valid.
Now it seems clear to me that the selection of an
ineligible man, if he never becomes eligible, would
be no election ; and equally dear that an election
must be, at the time , either an election or uo elec
tion. aud that no subsequent occurrence can
change it. Were it otherwise, what might be the
result? A fair way of testing a principle is to
trace its results_and search for inconsistences.—
That principle which, in all its results, is consis
tent, is probably right. That which in any of its
results, is inconsistent, is certainly wrong. Let uo
apply this test to Judge Cones ‘position.
By that position, ihe election of an eligible man
is a valid election: or else is made so, or its valid
ity is perfected by the ineligibility at or before the
time at which the elect qualifies, and enters upon
the duties of-the office. Now if its removal by a
gjecu subsequent time, will perfect the validity of
t he election, that removal by any subsequent time,
will have the same effect. Then let ns suppose
that ineligibility not removed until after the time
which the elect should qualify, or until after the
commencement of the term for which he was elec
ted. ‘1 Now at the expiration of his predecessor’s
term, iu case of hiainability or failure to qualify,
the office becomes vacant, (the predecessor of
course holds over, but alleged vacancy exists, )and
being vacant must be filled by election. Let us
then suppose that election duly ordered by the
proper authority, held at the proper time, and ac
cording to law, and a man every way eligible le
gally elected. That election being legal, the
elect being eligible, has an undoubted, absolute le
gal right to the office. But, perchance, before he
is enabled to qualify, or it maybe after has quali
fied aud entered upon the duties of the office, the
ineligibility of the Judge previously elected is
removed, his election too is valid, at least has be
come so by this subsequent occur rent*. Now un
der this hypothesis, he having been lawfully elec
ted arid being eligible, has an undoubted, absolute,
b-gul right to the office. Now for consistency.—
Two persons contend for the same office at the
same time, both duly and legally elected and each
with an undoubted, legal right: than which a more
palpable absurdity cannot well be imagined, it is
hardly to be presumed that our constitution and
laws properly construed would lead to any such
result.
Then where is the error? Is it not Hn deciding
the original election of an ineligible man valid?
or, what is worse, in deciding that the validity of
an election, not valid at the time, can be perfected
by a subsequent act or occurrence? or in other
words that an election, once invaled for any cause,
or under any circumstances, is not always invalid
for all purposes© and under all circumstances? If
precedents were necessary, they may be cited from
the highest authority, but to me they seem unnec
essary.
Judge Gone springs another point, ns to the le
gal time of holding tho election, upon which, as
well as the preceding, I have the misfortune to
differ with him. He takes the seemingly plausible
position that because the Constitution provides
that the term of office of the Judges of the .Superi
or Court, shall be four years, the Legislature has
no right to prescribe a shorter one. This, I grant,
is in the abstract true, and the constitution does
prescribe four years as the term. But it would
seem atrauge to me. if the Legislature had not the
right to regulate those constitutional terms, and
say when they should coimneuee and end, so as to
be uniform. If this were not so, and the. consti-
Cone construes it, in it- broadest sense, and not
subject to qualification, one elected to fill a v aean
eaucy occasioned by resignation or otherwise,
would be entitled to a four years term—this no
cue will contend for. Our circuit was created af
ter a regular term fixed by the legislature had
commenced; the J udge elected was somewhat sim
ilarlyjiituated to one elected io fill a vacancy for
the remainder of an unexpired term. And the
Legislature provided, as it certainly bad a right
t< do, that he should hold his office the balance of
that unexpired term, that is until the first Monday
in October 1859, which will bring the [election of
his successor on the first Monday in January next.
PATAULA.
Richmond, Ya., Oct. 13,1555.
To the IJon. John Moore, Chairman of the Demo
cratic State (\mmittee of Illino is :
Dear Sir—l cannot express to you the emo
tions of my bosom, exeited l>y your appeal to me
for aid in the warm contest which your noble
democracy is waging with abolitionism. Every
impulse prompts me to rush to your side. Your
position isja grand one, and|iu some respects un
exampled. In the face of doubt and distrust at
tempted to be thrown upon your democracy and
its gallant leader by the pretext of pretenders, that
you were giving aid and comfort to the arch ene
my of our country, peace and safety, and our part y
integrity, I see you standing by a
tyrannical proscription, which would, alike fool
ishly and wickedly, lop off one of the most vigo
rous limbs of national democracy, the limb of glo
rious Illinois. I see you, in spite of this imputa
tion, firmly fronting the foe, and battling to main
tain conservative nationality—against embittered
and implacable sectionalism-constitutional rights,
operating propria vigore. and every way against
all unequal and unjust federal or territorial legis
lation :
1 he right ol the people to govern themselves
against all force or fraud :
The right of the sovereign people to look at the
“returns,” and behind the “returns,” of all their
representative bodies, agents, trustees or ser
vants ;
’I he responsibility of all governors, representa
tives, trustees, agents and servants, to their prin
cipals, the people, who are “the governed.” and
the source of all political power:
Utter opposition to the detestable doctrine of
the obsolutism of conventions to proscribe and
proclaim fundamental forms of government at their
will, without submission to the sovereign people—
a doctrine lit only for slaves, and claimed only bv
legitimists and despots of the Old World :
Powers of any sort not expressly designated to
any man or body of men. are expressly “reserved
to the people
No absolute or dictatorial authority in represen
tative bodies—the representative principle es
claiming submission and obedience to the will of
the constituents :
The sovereignly of the organized j>eople su
preme above all mere representative bodies, con
ventions or legislatures, to decide, vote upon and
determine what shall be their supreme law :
Justice and equality between States and their
citizens, and between voters to elect their agents
and representatives, and to ratify or reject nnv
proposed system of government :
Submission to the constitution and laws of the
federal Union, and strict observance of all the
rights of the States and their citizens, but resis
tance to the dictation or bribes of Congress, or any
other power, to yield the inalienable right of self
government :
Protection to the Territories, and everywhere,
to all rights of persons and of property, in accor
dunce willi the lights ofthc States, iiu.l with the
conetitut-ion ami lows ofthc Union :
Equity ami uniformity m the mode of admitting
new States into the l uion. making the same rules
ami ratios to apply to all alike;
The rejection of all compromises, conditions or
terms which would discriminate between forms rtf
republican constitutions, admitting one with one
number of population, and requiring three times
that number for another form equally repnbli-
The great law of settlement of the public do
main of the United States. tWo, equal, and just,
never to be “temporized” or “localised” by tem
porary or partial expedients, but to be adjusted by
permanent, uniform and universal rules of riglit
ami justice.
Maintaining these and the like principles, I deem
it to be the aim of the struggle of the devoted de
mocracy in this signal Contest. And so tinder
standing them, I glory in their declaration and
defence. I would sacrifice much aml go far to up
hold your arms in this battle. 1 would most glad
ly visit your people, address them, and iuvohe them
to standfast hy the standard rtf their faith and free
dom. and never to let go the truths for which they
contend, for they are vital and cardinal, and es
sential. and can never be yielded without yielding
liberty itself.
Hut. sfr, I am like a tied man. bound to my du
ties here; and, if my office would allow me to leave
it, I could not depart from the bedside of illness
iu my family, which would probably recall me be
fere 1 eeuld resell I'lUucqi: u d y ,w, ,j
health admonishes me that l ought not to u tier
take a campaign as arduous as that you prop..-.-”
I know what the labors of the. stump are. and am
uot yet done suffering bodily from my efforts for
democracy in 1855. For these reasons I cannot
obey your call; but permit me to add :—Fight on ‘
light on ! fight on!—never vidd but in death o,
v ictory ! And, oh ! that I was unbound and couk
do more than look on, throbbing with every puis
of your glorious struggle—with its every blow and
breath --cheered with its hopes, and chafed by it.
doubts. *
Y'ou bare my prayers.
HENRY A. WISE.
Why so Pule’
Why so pale and wan, fond lover?
Prithee, why so pale?
Will, when looking well can’t more her,
Looking ill prevail?
Prithee, why so pale?
Why so dull and mute, ybuug sinner'’
Prithee, why so mute?
Will, when speaking well canT move her
Saying nothing don’t ?
Prithee, why so mute?
Quit, quit for shame, this will not move,
This cannot take her;
If of herself she will not love,
Nothing can make her:
The devil take her.
Next Congress.—After all the rejoicings of
the Black Republicans, the next House of Repres
entatives will ntedoubt be Democratic. Eighty
seven members have'fclr<-ady been chosen, of which
thirty.five are Democrats and fifty-two Republi
cans. The State*- yet to elect are represented by
eighty-eight Democrats, fifty-two Republicans and
twelve Know Nothing*. Ten of the Southern
States iu which ('ongre-nmeu have uot been chos
en will send fifty-nine Democratic members, mak
ing in all ninety-four. ?n that only twenty-four
will be required from the Suites for New York. Il
linois. New Jersey, Connecticut, Maryland. Min
nesota aud Michigan to make up a clear Doxm> -ra
tio majority in the thirtv-sixth Congress.—.Y. Y
Herald.
Hon. L. Q. U. Lamar.—This distingui.-1,.-.l
gentleman addressed his fellow citizens ol Mar
shall county at the Court House in Holly Spring,
on Thursday last. The . speech was eharaeterb ud
by Col. L. s usual ability, and was well received l v
his intelligent audience. He dealt some veiv
heavy blows against Douglas, as well as th---
men in the South from whom better thing- vrwv
expected, aud we lielicve that his -oiuimem.- v. . ir
cordially endorsed by nine tenths of the citizens :
Marshall. Douglas nor an other renegade, wh
ther he hail from the North or the South.can \
peel to be endorsed by the people of the South.—
CqJ. Lamar, when canvassing last fall, was eonsi
ered one of ihe ablest debaters, but he has imp;
ed very much as an orator since bo became
Membcr-of Congress, and is now one of the ben
speakers in the State. During the next session <>:
Congre* we expect him to occupy the from raid
among thoAuost distinguished men in Congress.
Holly Springs II• raid.
A Wife’s Influence. —Judge O’Neal in th-
Yorkville Enquirer, tells the following of Juig
Wm. Smith of South Carolina.
“He had the rare blessing to win the love of on
of the purest, mildest and best women, whose e-ha
racter has ever been present to the writer. 11
married Margaret Duff. In his worst days sh
never upbraided him by words, look or gesture
but always met him as if be was one of the kind*
and best of husbands. This course on her par
bumbled him. and made him weep like a child. -
This sentence, it is hoped, will be remembered
was the language ol‘‘Judge Smith to the friein
already, named, and to those who knew theVterr.
unbending ‘public character of the Judge.it wi!
teach a lesson of how much a patient woman’
love can accomplish. He was at last reformed so
an instance of her patient love and devotion a? h
himself fold it:
“The evening lie fore the return day of the Uoui
of Common Pleas for York District, a client callet
with fifty notes to be put in-suit. Mr. Smith wa
not in his office—he whs on what is now fashionn
My called a spree—then a frolic. Mrs. ►Smith re
ceived the notes and sat down in the office to ih<
work of issuing the writs aud processes. Sh
4pent the night-kt work—Mr. Smith‘in riotous liv
iug.’ At daylight, on his way home from his c; :
ronsals, he saw a light in his office, and to his grc*a
surprise saw his amiable with, who had just coin
pleted what ought to have been his work, with he
head on the table asleep. Ilis entry awoke her
She told him what she had done, and showed bin
her night’s work—fifty writs aud processes. Ihi
bowed the strong man, befell on his knees ami iiu
plored her pardon, aud then and there faithful!;
promised her never to drink another drop while hi
lived. “This promise.” says my friend. Colon
Williams, “he has faithfully kept,” and said th’
Judge to him. “from that day every thing I touch
ed turned to gold.” “His entire success in life,’
says Col. Williams “he set down to his faithful oh
scrvanecof this noble promise.”
“No better eulogy could be pronounced on Mrs
Smith than has just been given iu the words o
her distinguished husband. The reformation o
Htteh u inun ac William Smith te u ohaplct of glor’
which few women have been permitted to wear.—
To the people of South Carolina, and especially
of Y’ork District, certainly no stronger argumt-u
in favor oftempefaxwo and total abstinence nee.
be given.”
The Missouri Members of Congress.
Jefferson City, Mo., Oct. 18, 1858.
James Gordon. RcmaXU Esq:
In your classification of the members elect, o;
the next Congress, you place T. H. Anderson anr
•8~. 11. Woodson of Missouri, among the Know No
things. In this you do injustice to these gentle
men and the Democratic party of this State. They
were supported and elected by the Democrat;
party as friends of the administration of Mr. Bu
hunan, ami they will act with the Democratic par
ty as heretofore. Please correct your classified
tin so as to place them as democrats, for they
were elected as such, and will not co-operate with
i any other party.
Bainbridge Argus for Sale.
j The Proprietor of this popular Journal offer
for sale either a half interest or the entire esi&b
lishment to a suitable purchaser. He makes tee
following exhibit of business, which show- tho pit -
J per to be in a prosperous condition:
The yearly advertising pair-.mage of the paper
hs exhibited by the books, is $3,506; subscription
is alwmt $2,500 and the jobbing is very extensive.
i The cost of the materials. aH of which arc new
comparatively, is about $2,300. Thus it will bo
I seen that no more favorable opjmrtunity could bo
afforded to any dosiring-to enibark in tbeuewspa
[ per business. Persons wishing to purchase must
apply soon, as several applications have ahead>
been made.
The Yife President's Illinois Lettkk
Sfhixu.kiei.d* Get. 22.—Vice President Breckin
ridge, iu his letter to the Illinois State Central
Committee, says that he cannot endorse tlu
course of ►Senator Douglas in the'late session for
Congress upon she ivausas question: but that
subject being practically settled, and Mr. Doug
las being the leader uihtbe democracy of Illinois
in the present fight against black-republicanism,
he sympathizes with him. and desires his success.
He trusts that the democracy of Illinois, which
has never given a sectional vote, will not now he
found laggard in duty so the constitution and the
The report that Mr. Breckinridge desires to ad
ores the people of Illinois is incorrect.
Quite a Mistake.—The Mobile Adrtrti.f
commenting on a Douglas article iu the New Or
leans Crescent. asks-:
“If Dougin* is really so Mack ! politically ) a.
the Register, l nion, and other Administration
organs persist in painting him. are not A. G.
Brown* Mcßae. Laima and Barksdale, of ML>i
sippi. Gardner *t Cos., of Georgia. Senator Clay
ami we know not how many others of this State.
Wise and Hunter: of Virginia, and a multitude ot
less prominent men all over the South, who warm
ly support him with thier eyes open to his whole
political eoor.se, just as guilty as the Little Giant
himself?”
The Advertiser is wide of the mark. He is-al
together mistaken iu saving ihn* our immediate
representative in Congress, Capt. Biukesdale.
warmly supports Senator Douglas. We happen
to know that just the reverse i s the faet. Capt.
Barksdale icnrutty condemns Senator Douglas's
present course. So too. we believe, does Mr.
Lniuar, and Gov. Mcßae: nor do we think that
Hunter of Virginia or Clay of Alabama, can ap
prove of the present disorganizing course-of the
Illinois Scuator.— Columbn* (Min*.) lh ...
Personal Intelligence.—Washington Ir
vin. though aged 75. and suffering constantly
irom Asthma, is steadily engaged on the fourth
volume of his life of Washington. This will com -
prise tho presidential terms of the illustrious sub
ject of the work.
A dinuer was given to Gov. Denver of Kansas,
by a hundred citizens of Leavenworth, on the 13th
instant, just as he was about to leave that territory
a slight testimonial of the high appreciation of
that gentleman as an executive officer and citizen.
Lieut. Maury is announced to lecture before the
Cleveland Literary Association on the Atlantic
Telegraph.
lion. Albert Rust, of Arkansas, is at the Na
tional Hotel; also Hon. John E. Ward, of Ga.
Gen. William Sutton., of Salem, Mass.,* is at the
Brown Hotel.— Union.
I v port ant Legal Decision.—ln the U. S.
Circuit Court, Judge McLean presiding iu theou
ses of Sturges vs. Stetson, and Fosdyek rs. Star -
ges. Judge Leavitt delivered an opinion that the
directors of the Hillsborough and Cincinnati Rail
way had no power under its charter to issue stock
at a price below the par value; that a stockholder
reselling stock thus issued, though the sale* is valid
is not liable to the purchaser for any depreciation
in the stock which such company’ might suffer in
consequent* of suck fraudulent by the Di
reetev*.