Below is the OCR text representation for this newspapers page.

VOLUME 1. Jefliiiiiscences of the Cherokees. _ —l ,» I’ ;■ 'S'. U 'V. !!. IS 1> tilt WOOD, of Home, (.• or/i t. i U.>]-TKU XV. i.. ] . I|J<- .Ml n :M» rcwrvcrt. From D2 l to 1 10 Jndge Underwood w: i;ng‘..rcl indust rinusly in the prac tic. «*l his -profes-ion in nil the North end of Georgia. lie was the counsel of the Glierokces aid the Clicrokee Nation, and <!• fended Worcester and Butler, who were indicted in the county ol‘ Gwinnett for refusing to take the oath of allegiance to tie* Stale ot Georgia. He was the ci, 1:11 d who prepared the brief in the case of the Cherokee Nation against the State ot orgia. Is. was that brief that Win. WtlL, ami John Sargent argued In tto J iprerne Court of the I nit* d States at Washington, and al though the Supreme Court of the United States issued the writ of mandamus and prohibition against the State of Georgia, the State utterly refused to obey it, ami set the government of the United States at dt dunce, notwithstanding General Jackson was president of the United States, ami Worcester and Ihitler were sent to the penitentiary from the county of Gwinnett, and Tassel Is was hung at Gaines ville. There can bo no doubt among those who 1 ave been raised and educated in Stat< rights school of polities, hut that Georgia was right in the matter and so was President Jackson right in refus ing to interfere. But how would that agree with the practice, I would say principles, of the republican party? 1 lean all this others to decide. Judge Underwood was a tmui of line address and popular manners, blit the desire of the people of Georgia to settle up and possess the land confined within the Cherokee Nation was so great that he, lost much of his popularity simply for faithfully representing his clients in court. lSut all that is gone, and he lived down tiie prejudice of the ignorant and much of the envy of his rivals. Judge Underwood, after his election to the Bench, in 1825, resided in the Western Circuit.until 1857. This circuit, from the hoginning, was always distin guished for the ability and probity of the Bench and I»ar. Among the earlier judges may be mentioned Grisham, Young, and Dooly, and among the late, Clayton, Under wood, Harris, Dougherty, llillyer, Jack son and Hutchins. Some now living will remember the many incidents and anecdotes of the circuit. There was al ways the utmost good feeling and kind ness among them. .When from any cause unkind feelings were discovered, anj’ misunderstanding existed, the judge, whoever he might be, at once interfered and caused a reconciliation. Among the members of t he Bar there were many able men. Thomas IV Carnes was long known as the “boll weather” or leader. Jeptha V. Harris, John A. Head and George Cook, of Elbert county, were men of mark and distinction. Win. 11. Crawford, .Stephen Upson, George it. Gilmer, and Thus. W. Cobh, of Ogle thorpe, were great men. Duncan G. Campbell, Felix Gilbert, and Judge Tait, of Wilkes, were able lawyers; and in later limes, Joseph Henry Uumpkin, Gabriel Nash, Augustin S. Clayton, Thomas W. Harris, Charles Dougherty, Cicero Holt, James llillyer, J aim's Jack son, Howell Cobh, T. It. It. Cobh, Win. H. Underwood, John R. Stafford, JRoht. Mitchell, Richard Venable, Nathan U. Hutchins, James C. Terrell, Giles Mitchell, Wm. 11. Hull, Cincinnattus Peeples, Wm. I Ripley, Dickinson 11. Walker, Samuel P. Thurman, Allen Matthews, Hines Holt, Turner 11. Trippe, Samuel A. Wales, Win. 11. Stelman, Samuel Freeman, Temple F. Cooper, John W. Hooper Milton 11. Gaithwaight and C. 11. Sutton, were all ornaments to the profession. The Western circuit, in the times of which notice is being taken, had no rail roads. The Bench and the Bar rode the circuit on horseback,in sulkeys and bug gies. The most agreeable hours were those when the cavalcade was moving from one court-house town or village to another, at dinner on the roadside, or by the cheerful wood tire at night. It was on occasions like these that fun jmd frolic, practical, innocent jukes, ruled the hour. These days the lawyer strug gle! to lie first in argument and logic in support of legal principles. They 'Jutaen did not hunt for a ten cent piece a rat terrier for a mouse. The al mighty dollar was not worshipped by these tneu of high renown as now. That was the ago when merit won. It is money now. The {blowing story lias boon told of j 4u t y persons ami located at many | joints; it actually occurred, however, j at Gumming, Forsyth county, Ga., the 1 lion. Owen A, Kenan presiding as | -• ’gc of the Cherokee Circuit. Judge, Kenan had been elected as Judge of the circuit in the belief that the people were rough and hard to govern. Kenan was known to be a rough man, somewhat overbearing, and, by seme thought to bo of a disposition bordering on tyranny, i A question which had arisen in reference 1 io tiro proper dell nation at an estate, was. argued on side by Col, Judge Hutchins,! then Col. Hutchins, and on the other side by Judge Underwood. Underwood , reposed to read gome authority. Judge Kenan promptly and peremptorily called him to order and stopped him, saying: **God has given me intellect, .putting his his finger on his head,' and I shall decide intellect.” Judge Underwood replied: “If your Honor has two ways of deciding a ques tion—one an intellectual decision and the ther legal—we would prefer a legal de ision.” Judge Kenan promptly stopped him and decided against him. Judge Underwood rose with his fa vorite hook, Black-tone in his hand, say ing: “f know your Honor’s decision is right, hut 1 would like it if your Honor would allow me read a paragraph ot law, not to show that your Honor’s decision is wrong, but ju=t to show what a Wasted old fool Biaekstone was.” Of the ability of Judge Underwood not only as a i uvyer, but as a writer but as a deep thinker, there never was a doubt. Kind and noble-hearted it was impossible that he should be rich in worldly goods. No object of charity was ever turned away-from his door, and for fear be might make a mistake he gave to all who asked favor- at his hands. At one time he was a man of considera ble fortune, hut about the time he ought to have retired from his profession, he was ruined by being surety for others. Perhaps the most prominent trait in the character of Judge Underwood, ex cept his great and signal ability, was his great wit and humor. lie was the life and soul of every company where he was. Judge Underwood frequently rode to court on horseback. This he did through his whole life and very oiten lie was alone. On one occasion, travelling alone going to court in the State ot Alabama, to represent an old friend who had an ejectment case in Talladega county, (it was on Sunday,) a young man, very fine ly dressed, rode up. lie was riding a long, tall, guant horse, low in order and old, who seemed to have been badly broken down riding in a hard canter, “gallop up before’’ and “jigger up be hind.” His saddle and bridle were ex ceedingly fine, all silver-mounted and finished in the highest style and art. Leaning away back in his saddle, with feet stuck out and bridle rein tightened, he said: “Good morning, old gentleman.” “Good morning,” replied Judge Un derwood, in a low voice, not flattered by the term, “old gentleman.” “Going to court?” said the young gentleman. “Yes sir,” said the Judge. “Have you a caso in court?” “Yes sir.” “Ah! bound over to court for what offense ?” “No, sir; not bound over to court. “Oh ! then, a civil case, hah ?” “Yes sir, a civil case; defending an old friend, as attorney.” “Attorney in fact, I presume?” “No, sir, attorney-at-law.” The young gentleman, with an air of surprise, looked at Judge Underwood and said: “You are a stranger here, I suppose?” “Yes sir, but stranger as I am, I am an old man, and can give you some good advice if you will take it kindly.” “Well, what is it “Well, then, it is this: If 1 were you I would ride that horse with a double barrelled shotgun.” “Well, what would you do that for?” “Why, you see, if the horse should stumble and fall and injure you, you could shoot him as he rose to run and capture the rigging, which is all there is of any value.” “Humph! you bo d—-d !” said the fop as he galloped. Judge Underwood was riding his fa vorite horse, R ipley, and in the evening arrived at the village of Talladega and rode up to the principal hotel, where he gave his horse to the care of the landlord and instructed him as to the care he should take of him, walked iu and sa luted the crowd in the piazza saying, “good evening, gentlemen.” Seeing among them the young gentle man who had passed him, lie said, nod ding his head at him : “Ah! good evening, my young friend.” “Good evening,” said he. Judge Underwood walked down the piazza to the place where the bucket of water was to bathe his face and hands, and while lie was there, the young man spoke sotto voce to those around him, and said “Don’t fool with that old fellow, he is tight.” Judge Underwood returned with a twinkle in his gray eye, and looking at the young man in a patronizing way, said: “Well, have you concluded in the fu ture to take my advice and ride your horse with a double-barrelled shotgun.” “No; and sir, I don’t thank you for any of your advice.” The persons present were all expecta tion, and the interest excited was very great to hear what else might be said. The young man proceeded. Raising himself to his full height, six feet one, in the most imposing lie said : “If I could, buy some men at their real value, and sell them tor what they think they are worth, I could make a small fortune.” The bystanders tittered and the young gentleman looked triuinphat. Judge Underwork instantly replied: “Well, | you will perceive that would lie a specu lation of the first impression, and out of the natural order of tilings. It has fre quently happened that men have specu lated in jackasses by buying and selling ! them. But it has not, up to the present , speaking, in human affairs ever happen j *d that jackasses have thus speculated In 1 men.” The crowd roared with laughter, ex cept the young gentleman. The landlord, a good-natured, individ i nil, laughed so immoderately that the fop became offended, ordered Ills horse and left. There lived once in Walker county, j Ga., and afterwards in Floyd, a good j matured, fat individual, of very limited ! education and aspirations, by the name of Robert Hyde—“ Bob” Hyde he was * commonly called. He was not notorious CAKTERSYILLE, GEORGIA, TUURstuB J for tolling the truth, in fact, in that re rrird he might be said to be an economist. Bob was fond of the marvelous when lie saw it or heard it, and it it did not come often enough Boh would make a draft on his fertile imagination which was never dishonored. At Walker court, on Mon day before court Diet, Bob came to the hotel, where the lawyers were all out in the porch laughing and tattling, andj being very fond of Judge U luted him first, and after the ji’!i, wen* on iu a i say : “Judge, I saw a sight lI'SH day on Lookout nK-u stain that a-tf ed me very much. I killed a snake five feet and six inches long fiad forty two rattles and a button, it had three legs on each side about ttifl middle and walked on them.” “WeljH Bob,” said Judge Underwood, “wouldj you have believed such a thing if y°f>\ had not seen it?” “No, Judge, thatl e wouldn’t.” “Well, Boh, you did not see it,” replied the judge, M'ljrum* upon the laugh came in at Boh’ f pensc. 4j catfl 1 here was a peculiarity about • Tlm Underwood —it made no different j it was if any one stood fair hc/j strike him, without any regard j whether it was friend or foe, strung* relative. In ISIS, when solicitor-g<£irß| als were elected by the general assenter il the judge’s son, John, was a cane oral? for solicitor-general. Gen. Wiß^fcpc Smith was the senator from Fieri 01 county, and William N. Bishop was boo' senator from Murray county, Ga. Fat ties (Whig and democrat) were ver 0j close in the state. Smith and Bishop belonged to the democratic party hut were what was called “hank democrats” and were elected by the entire vote of the Whig party and a few democrats. 'flic parties in the legislature were so close that Smith and Bishop held the balance of power—upon their two votes depended the organization of the senate and the election of a U nited States Sena tor and all the judges of the superior courts and the solicitors. The struggle among the party leaders for the votes of these two senators was animated and exhaustive, every effort was made by the leaders of both parties. Joseph Sturgis, Gov. Clark, J. McDonald and Walter S. Colquitt were the principal actors on the democratic side; Charles Dougherty, Andrew J. Miller and Charles J. Jenkins were the principal managers for the Whigs. Before the meeting of the legislature Smith and Bishop understood the situation, and being in full political accord and also personal friends, they engaged rooms together at MoComb’s hotel, in Mil ledgevillc; they occupied two rooms on the ground lloor, fronting on the Main street. Their room was the chief at traction, the centre of interest; parties old and young hung around them, and e*agerly listened to every word in the vi cinity in order to form an idea of com ing events. Aspirants for position watch ed every movement and every consulta tion, for upon the result hung their hopes. On Monday morning, the day of the meeting of the legislature, from sun up until 10 o'clock a. rn., the throng around McCombs hotel was immense. About S o’clock Sturgis was lucky enough to get Col. Bishop about fifty yards from his room, in the Capitol Square, in fro nt of the Mapp house on a log for a private conversation. Bishop and Stur gis had long been personal and political friends. They had in the fifteen years previous passed through many a hard fought contest. Shoulder to shoulder, knee to knee and toe to toe, they had breasted the political storms and receiv ed upon their bosoms the shafts and javelins of the Whig party. They had suffered together in defeat and rejoiced together in triumph. The consultation was of intense interest, the writer watch ed it with all the interest of an enthu siast, and felt confident and hopeful when he saw Bishop shake his large head, with countenance stern and fixed. At length the conference ended and Bishop came into the room and drew a long breath. Milller and Jenkins came in and passed the usual “good morning.” Smith had a hard contest and was only elected by twelve votes. Judge Underwood resided at that time in Floyd county, and had supported Smith warm ly. He was a very strong outspoken Whig, and had worked in the contest like a beaver, in fact, to his great exer tions Smith owed his election. At the time Miller and Jenkins came into the room, Smith had just received his mail— J. W. H. Underwood, then a young man, came in at the same time. Smith excus ed himself, asking the privileges to open his letters from home. A general con versation among the others was progress ing, when all observed that Smith was laughing immoderately. Mr. Jenkins, with a bland smile, enquired what was the matter. Smith continued in convul sive laughter, an J looking at John Un derwood, said : “It is a letter from your father.” The well-known character of Judge Underwood excited great curiosi ty in all to hear and know the contents of the letter. Smith would not read it, but finally gave it to John, who read it aloud. Rome, Ga., Oct. 29, 1543. llox. Wm. Smith —Dear Sir: You will find my son John, at Miiledgeville, a candidate for solicitor-general of the western circuit. I hope you will find it consistent with your feelings and vour duty to the state to give him your cordial support and cause him to be elected, for he certainly has the greatest desire for office with the least qualifications to dis charge the duties thereof, of any man in the shite of his age. I am, with very high respect, your obedient servant, Wm. H. Uxdekwood. There was one long, loud peal of laughter, in which all joined. The let- ter and its contents were . generally, and the son Smith and Bishop par. < ' 1 ’" ' ; % to - *. "v .a ! >'.):!." ic .\:. ■.. r ' rc'diod : “And .1 Im'.i.a i^W&SraSsH , vv 51 r. Jenkins good-naturedly reP “Well, Judge, I think we are aSo a ™ even.” at (CONTINUED XEX.T WEEK.) « . FKOSt OUR CASSVir.UK CORRESPON DENT. Last Saturday evening at the Cassville Agricultural Club, in a discussion of the subject, “How shall the farm be made to pay?” The following pertinent remarks were made by our fellow townsman, Col. B. O. Crawford, which, to our mind, were so sensible and full of pith, that we have made an extract for the benefit of your readers: Gentlemen or-riiE C:\Bsvn.uK Agri cultural Club :—There are three ele ments of success in farming, without which none can make it pay, and with a liberal use of which none can possibly fail: Industry, economy, and good judgment. You will say, we all knew that before you said it. Yes, we all know the statement to be true, but how many of us practice what we know? We hire hands at big wages, send them to tiie field to work alone and they do only half work. This is neither industry, economy, nor good judgment, and, of course, the result is failure. If we would work more ourselves, and when we are compelled to hire, if we would stick as close to the hand as the bell collar to a cow's neck, you would see a different state of things. We would soon be done with the West, so far as corn and bulk meats are concerned. We would all have plenty and to spare. It is not worth any man’s while to go into details on fanning, because, be his plans as good as they may, almost every body will differ with him as to detail. However, there are some points so uni versally admitted, that I will refer to them: The first point that 1 would make is,cultivate no poor ground. Then one answers, all will have to cpiit. Not so, any means. If, instead of working thirty acres of poor sassafras hills we would take five acres of the same ground and put all the work on it, in manuring and cultivating, we would reap fifty bushels of corn per acre in stead of six, which L believe is a fair av erage for the crop of this county, but to work these li ye acres as they should be requires strong horse-power. No man can break his ground as deep as it ought to be with one horse, therefore I con clude that there ought to be t.vo first class mules or two first-class horses to every hand on the farm. Thus equipped with power break the land not less than twenty inches deep, put six hundred bushels of good manure to the acre, and there has not been a year within :ny ex perience of forty years that you would fail of a paying crop if you keep the weeds and grass out. You see that I am not much on King Cotton. You will say how about all that ma nure? I reply, make it on the farm, but to be able to make it you will have to keep a good stock of cattle. Rut them in your barn every night on g od beds of straw and you will be astonished at the amount of manure you can make; and then, besides from the co \ shed and horse stali gather from every other available source, and with industry it can be had. Put your poore; lands to pasture. Plant freely of grass md clo ver, and instead of fattening poor ne groes fatten hogs and cattle and success is yours. What 1 mean by success is that you will have a good fat living, or in other I words, “food and raiment.” If you ! want more than this, there is but one ! way to get it, and that is to double your diligence, make your econ miy more j rigid, and last, but most difficult, double I your judgment, for it is certai i that our success in any calling of life is only eo- : ■ she had saved frolr. cotnrclßßßßßßil $20,000 u your ever since \ as h^BBBB Commodore. Her estate was vmlH ably snug condition, and, considerm^jg si!l „ it consists almost entirely of stocks bonds, it is a noticeable fact tliat it con tained no “fancies.” What a contrast be tween this woman and James D. Fish, who seemed to have a mania for worthless stocks ! Mrs. Vanderbilt’s property goes to the Crawfords (her father and brother), and the latter has been an attache of the family for several years. Now that the Commodore’s children feel the effects of the shrinkage, they keenly regret to see so large a part of the estate go out of the family, but regrets are now too late. The Crawfords will also have the homestead in Washington Place, running through to tlie next street, where the Commodore for merly had his office. Here the Commo dore and his first wife passed their best years, and here they held their golden wedding, which was the happiest scene in the family history. These associations in crease the bitterness of the loss of such a beautiful property. The late Mrs. Van derbilt indeed had a larger portion than any of the Commodore’s daughters, and they now' think that she should have been pensioned instead of being endowed in fee with such immense wealth. The Craw fords are nothing to the Vanderbilts, and yet they carry off a million of family property. It is certainly very aggravating, especially when the resources of the Van derbilts are reduced more than one-lialf by the shrinkage. Speaking of the Vanderbilts, Cornelius and Frederick have beth taken cottages at Newport, but are merely tenants—not owners. Cornelius will hardly make any new purchases until he gets rid of his splendid folly in the Fifth Avenue. The latter can probably be bought at SIOO,OOO less than cost, and would be dear at that. Among other New Yorkers who will spsnd the season at Newport, are Cyrus W. Field, Ex-Mayor Cooper, Pierre Lorillard, W illiam Waldorf Astor, General Meredith Read and Assistant Bishop Potter. Ogden Goelet and William Astor are cruis ing in the vicinity of Newport in their splendid yachts, and Astor’s Nourmalial still holds distinction as the finest craft afloat. Newport, however, will still miss such solid New Yorkers and James Len nox and Ex-Governor Morgan, who for merly made that place their summer re sort. August Belmont has become inter ested in New r port by his wife's connection with the history of the place, and hence is now more closely identified with it than any j other New- York man. Jim Keene will j not be seen in Newport this season. He cut a dash there while his money but he will not reappear in the scenes of 4 his former glory, and the best representa tive of Wall street there will be Wm. R. Travers, who still holds his position among business men, notwithstanding the chang es in the financial world. PERSONAL MOVEMENTS. George William Curtis and a lady part ner opened the ball given by the Staten Island Vocal Society. Though now in his sixties, Curtis can go through an old-fash ioned cotillion as well as most of the young folks, but when you put him into the Ger man he is a failure. Ex-Governor Tilden is also a young man for his age, and though nownearlj twenty years older than Curtis he still enjoys so ciety. He is passing the summer at Grey stone. Oswald Ottendorfer accompanied the Scheutzen Association which recently sailed for Germany. He is expected to deliver a patriotic address at Bingen on the Rhine on the Fourth of July, as the stceragSV. 11 i'his appar:u f n\f ,tn ! moves as easily as gi! V up as compactly as a i” r ' ' At the rear is a kite-. composed of a large squ'tfjH, stretched upon four arms, jonJ common pivot in the middle. TfhJ n °t attached to the car by one aam through ' a universal joint, permitting the rudder to occupy any desirable position in hor rizontai, vertical, or inclined plane, so that a single rudder thus perforins the work which hgs hitherto demanded both a horrizontical and a vertical rudder, either separately or in combination. This apparatus either acts to guide the balloon during its natural ascent or de scent, or the aeronaut at will can give any direction to the airship by revolving the propeller sail toward any point, or by projecting the air flung Irom it against the surface of the rudder kite. The apparatus can perform a greater va riety of evolutions than a bird’s wings, spreads more surface than any bird or other aerial mechanism, weight for weight, and has the ability to create at any time a wind for its own sails, and can yet furl its wings almost as sudden ly as a bird. The apparatus has thus far proved of great practical service, and demonstrates that a common balloon may be readily moved up, down, or around in the air by a man’s unaided efforts —or rather by a woman’s efforts —and on landing be re lieved of danger of dragging. A BRAVE RUSSIAN GIRT.. How She Succeeded In Saving Horgelf Erom a Horrible Heath. [Translated from the Russian for the San Fran cisco Call.] The correspondent of the Novoatcy Dna (Daily News), writes that, near the village of Kogoshna, a terrible murder was lately committed. A Russian peas ant who had been to the village to sell a pair of oxen, was returning home with his daughter, a girl of fourteen years, when on his way he stopped at a kobach (a drinking house), three miles from town. In the place were several suspi cious looking persons, who noticed the peasant’s money when he paid for his drink. The unsuspecting man left the |house and went on his way. Soon after, "under cover of darkness, he was assault ed and killed. After rifling the corpse the murderers threw the body of their unfortunate victim into a well. The girl, who had been a witness of her father’s murder, returned to the house where her father had stopped, and in formed the owner of what had occurred. He told the girl to keep quiet, and per suaded her to stay at his place during the night, and he would see what could be done in the morning. Hardly had he and his wife had time to put the girl to bed with his own daughter, a girl of same age, belore the murderers returned. The kobachnik (saloon*keej.er) ac quainted them of the girl’s return, whereupon they avowed their intention of completing their bloody work by cut ting the throat of the innocent child. The kobach nick objected to this mode of dispatching the girl, as the body might be discouered and lx; an easy means of | the ' » : ' i . * ! I ‘ M- . i t-- n ' hi lion inis ever furnished - brilliant names, names that and on down the ages. He w; judge of superior court of this d 1855 and tilled ic-wiseiy and well. The state road having ll inked Cassville he moved in 1855 to Rome where he has since lived. In 1857, during the great Know Noth ing excitement, he was nominated and elected to congress, as a Whig, in oppo sition to Know Nothingism. lie can tell of most exciting scenes dur ing this fiery campaign, and many and many were the blood}’ field fights be tween the two political parties. He formed a co-partnership in the practice of law here with his son-in-law, Hon. Frank Shropshire, one of the ablest, unrest and best men, and with a future all bright for him and those he loved and was doing a largo paying bus ness. The war came on and gallant, brave Capt. Frank Shropshire lived not to see the flag lie so dearly loved trailed in the dust. We have not the space to follow Judge Wright on to the present but cannot close without saying that that little fam ily of his which landed iu Cassville in 1830 has most wonderfully grown and flourished and increased ; likewise have those aforesaid earthly possessions in creased to most comfortable proportions. We sinccrtdy trust the Judge may live to en joy many happy returns of his natal day. He is the father of IS children—l 3 now living —37 grandchildren and 4 great-grandchildren, and he says, as the last addition to his great-gramlchild»cn was twin girls, lie is quite hopeful of a most encouraging report later on. Dade County News ; We have watched and read with interest Tine Couant, a weekly edited by Mrs. W. 11. Felton, and published at Cartersville. We have never had any doubt as to the real ability of the editorial staff, but as to what ends that ability and force would be used to effect— its course and policy—was a matter of some interest and concern to us. This may have arisen from the fact, that Dr. Felton in his recent political successes and defeat never received anything near a hearty support from .the people of Dade. We would now be untrue to our convic tions not to say that Dr. Felton deserves, merits, and is worthy of the highest re spect, confidence and trust, not only of the people of this district, but of the entire state. The Coukant has not compro mised any of the rights and interests of the people of Georgia, neither is there the slightest probability of its so doing. Its editorials deserve the highest consideration from its readers. As seen elsewhere we give an extract from two of them.