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Professional Cards.
JAMES B. CONYERS,
A TTORNEY.AT-LAW
AND
Notary Tublic,
CARTESVILLE, : : : : Georgia.
(Ollice: Bank block, up-stairs.)
iXTII.L PRACTICE IN THE COURTS OF
> V the Cherokee and adjoining circuits.
Prompt attention given to all business. Col
lections made a specialty. june29-ly
K. B. TRUTE. J. M. NEED.
TKIPTE & NEEL,
A T TORNEYS-AT-LAW,
CARTERSVILLE, GA.
\\ TILL PRACTICE IN ALL THE COURTS,
> V both State and Federal, except Bartow
•ounty criminal court. J. M. Neel alone will
practice in said last mentioned court. Ollice in
northeast corner of court house building. feb27
JXO. L. MOON. DOUGLAS WIELE.
MOON & WIIiLE,
Attorneys-at-La w,
CARTERSVILLE, GA.
V&T' Office in Bank Block, over the Postoffice.
feb‘27
W. T. WOFFORD,
ATTORNEY-AT-LA W,
—AND—
DEALER IN REAL ESTATE,
( ASS STATION, BARTOW COUNTY, GA.
R. W. MURPHEY,
A T TORNEY-AT- LAW,
CARTERSVILLE, GA.
OFFICE (up-stairs) in the hriek building, cor
ner of Main & Erwin streets. julylß.
E. D. GRAHAM. A. M. FOUTE.
GRAHAM & FOUTE,
A r r TORN EYS -A T-Ij AW.
CARTERSVILLE, GA.
Practice in all the courts of Bartow county, the
Superior Courts of North-west Georgia, and the
Supreme Courts at Atlanta'.
Office west side public Square, up-stairs over
W. \V. Rich A Co’s. Store, second door south of
Postoffice. julylß.
T. W. MILNER. J. W. HARRIS, JR.
MILNER & HARRIS,
ATTO BNEYS-AT-LAW,
CARTERSVILLE, GA.
Office on West Main Street. julylß
F. M. JOHNSON, Dentist,
(Office over Stokely & Williams store.)
CARTERSVILLE, GEORGIA.
I WILL FIL j TEETH, EXTRACT TEETH,
and put in teeth, or do any work in my line
at prices to suit the times.
al. warranted. Refer to my pat
rons all over the county.
augls-iy. F. M. JOHNSON.
JOHN T. OWEN,
(At Sayre & Co.’s Drug Store,)
CARTERSVILLE, GA.
WILL sell Watches, Clocks and Jewelry,
Spectacles, Silver and Silver-Plated
Goods, and will sell them as cheap as they can
he bought anywhere. Warranted to prove as
represented. All work done by me warranted
to give satisfaction. Give me a call. july!B.
CHAS. B. WILLINGHAM,
Stenograpliic Coxix't Reporter.
[ROME JUDICIAL CIRCUIT. |
I MAKE A CLEAN RECORD OF CASES,
taking down the testimony entire; also, ob
jections of attorneys, rulings of the court, and
the charge of the court, without stopping the
witness or otherwise delaying the judicial pro
ceedings. Charges very reasonable and satis
faction guaranteed.
:^ta£2MXxaismrxs^*vmFrr-^missasjMM*3EsajmmaßmmMMßaKmanßmm
Traveler’s Griiide.
~ COOSA RIVER NAVIGATIOnT”"
On and alter December 16th, 1878, the following
schedule will be run by the Steamers MAGNO
LIA or ETOWAH BILL:
Leave Rome Tuesday 8 a in
Arrive at Gadsden Wednesday . . . . 6am
Leave Gadsden Wednesday 7pm
Arrive at Rome Thursday spm
Leave Rome Friday Sam
Arrive at Gadsden Saturday 7am
Arrives at Greensport 9am
Arrive at Rome Saturday 6pm
J. M. ELLIOTT, President and Gen’l Sup’t.
ROME RAILROAD COMPANY.
On and after Sunday, June 3rd, trains on this
Road will run (is follows:
DAY TRAIN—EVERY DAY.
Leave Rome 8:10 am
Arrive at Romo 12:00 m
SATURDAY EVENING ACCOMMODATION.
Leave Rome 5:00 pm
Arrive at Rome . . . . 8:00 p m
CHEROKEE RAILROAD.
On and after Monday, Sept. 1, 1879, the train
on tliis Road will run daily as follows (Sunday
excepted):
I .cave Cartersville 7:40 a m
Arrive at Stiiesbora 8:30 a ni
Arrive at Taylorsville 8:52 am
Arrive at Rockmart 10:00 a 111
Arrrive at terminus 10:50 a 111
RETURNING.
Leave terminus ......... 3:00 p m
Arrive at Rockmart 3:40 pm
Arrive at Taylorsville 4:45 pm
Arrive at Stilcsboro 5:13 pm
A arrive at Cartersville 6:00 pm
WESTERN AND ATLANTIC R. R.
The following is the present passenger sched
ule:
NIGHT PASSENGER—UP.
Leave Atlanta 3:00 pm
Leave Cartersville 4:53 pm
Leave Kingston 5:19 pm
Leave Dalton 7:10 p m
Arrive at Chattanooga 8:47 pm
NIGIIT PASSENGER—DOWN.
Leave Chattanooga 5:25 p m
Leave Dalton 7:10 p m
Leave Kingston 8:39 p m
Leave Cartersville 9:05 pm
Arrive at Atlanta 11:00 p m
DAY PASSENGER—UP.
Leave Atlanta 5:20 a m
Leave Cartersville 7:23 am
Leave Kingston 7:49 a m
Leave Dalton 9:2lam
Arrive at Chattanooga 10:50 am
DAY PASSENGER—DOWN.
Leave Chattanooga 6:15 am
Leave Dalton . . . . 8:10 am
Leave Kingston . . 9:43 am
Leave Cartersville 10:11am
Arrive at Atlanta 12:05 p m
CARTERSVILLE ACCOMMODATION —UP.
Leave Atlanta
Arrive at Cartersville * 7:22 pm
CARTERSVILLE ACCOMMODATION —DOWN.
Leave Cartersville 6:05 am
Arrive at Atlanta 8:45 am
STOVES TINWARE.
JOHN ANDERSON,
(Opposite Curry's Drug Store.)
HAS IX STOKE AND FOR SALE A
large lot of Tinware, Stoves and Cutlery.
Also, the celeorated Fly Fans, Tubs and Buck
ets which he will sell In exchange for Rags,
Beeswax, Feathers, Butter, Eggs and Chickens.
ii '- sells goods cheaper than ever. junelO
~ COUCH HOUSE,
(Kingston, Georgia.)
T AND COMFORTABLE
iHoiiseis now ke P k b - v W * w - Uaikey - Thc
tLT,r,"viif good, plain accommo
datlon^ gP Partfes wisi'’ in g boar<l through the
rnminpr ™ m n one of the healthiest
summer am 11 hnd ningsto. <w r(r in Three
and quietest localities in Lpx? 1 '. 1 lhrec
or four families can get conu 11 ooms in
view of trains. Terms very reafc^ 1 - em.
jly2s. AV , AV . tv AIwIA T .
p hot O Gt Jl APHS !
YOUNG’S GALLERY,
Shorter Block, : : : : '• Jiv’tiif/'
Life size (bust) for only ten dol
lars; half life size only five dollars. . His
work is all strictly first-class. Makes copies oi
a llsorts of pictures any size and character de
sired. june29
FOR SALE OR EXCHANGE.
THE “CENTRAL HOTEL,” adairsville
Georgia—a three-story brick building; large
yards, garden and orchard attached.
Address J. C. MARTINj
Uecl9-tt Adairsville, Ga.
VOLUME 11.
E. J. Hale & Son’s
STEPHENS’ HISTORY
A Compendium of the History of the United States,
For Schools and Colleges.
By HOll. ALEX. H. STEPHENS.
(513 pp. 12m0.)
17 MURRAY STREET, NEW YORK.
“The pith and marrow of our history.”—Ex
u 1 resident Fillmore.
“Straightforward, vigorous, interesting and im
. I n,< r SSlve '”—-V. Y. Christian Union.
Its tone calm and judicial; its style clear and
good. We recommend it to be read by all
Northern men.”— Boston Courier.
A work of high excellence; well adapted to
supply a long felt want in our country.”—Con
necticutt Schoo Journal , {lion. W. C. Fowler ,
JL • L* i/.)
“Worthy of high praise. It will of necessity
challenge attention everywhere.”—AL Y. Eve
ning Post.
“Among tnc notable books of the age.”—Chica
go Mail.
“Narrative, impartial; tone calm and dispas
sionate; style masterlv.”— Louisville Home
and School.
“A model compcnd ."—Augusta Chronicle and
Sentinel .
“Everything necessary to a perfect handbook.”
—Goldsboro Messenger.
“Broad enough for all latitudes.”— Kentudky
Methodist.
“The best work of its kind now extant.”—Mem
phis Farm and Home.
“A success in every way.”— Wilmington Star.
“Destined to become the standard of historic
truth and excellence for centuries to come.”—
President Wills, Oglethorpe University.
“The method admirable.” Ex-Gov. Herschell
V. Johnson.
“Should And a place in all libraries.”— Ev-Gov.
C. J. Jenkins.
“A most important addition to American litera
ture.”—Prof. 11. M. Johnston , Baltimore.
“Read it; study it; heed it.”— Prof. E. A. Steed ,
Mercer University.
“Fairness, fulness,' accuracy.” Prof. J. J.
Brantly, Mercer University.
SCHOOL AND COLLEGE TEXT BOOKS,
PUBLISHED BY
Iverson, Blakeman, Taylor & Cos.,
NEW YORK,
R. E. PARK, General Agent,
THIS scries comprises among others, the fol
lowing well-known
STANDARD SCHOOLBOOKS:
New Graded Readers,
Robinson’s Mathematics,
Spencerian Copy Books,
Well’s Scientific Works,
Riddle’s Astromics.
Dana’s Geology,
Woodbury’s German,
Kerl’s Grammar,
Webster’s Dictionary,
Swinton’s Histories,
Swinton’s Word Books,
Swintou’s Geographies,
I’asquell’s French,
Gray’s Botanies,
Bryant & Stratton’s Book-keeping,
Catlicart’s Literary Reader, etc., etc.
Correspondence respectfully solicted.
Address KOB'ERT E. PARK,
General Agent.
Care J. W. Burke & co., Macon, Georgia.
U. O. ROBERTSON, M. D.,
Hygienic Physician and Electro-
Therapeutist,
Begs leave to announce to the
citizens of Bartow, Gordon, Cobh, Cherokee,
and other counties of North Georgia, that for the
sake of rendering his mode of treatment more
universal and available, and the Health Institute
equally easy of access to patients in all parts of
the state, has removed from Rowland Springs to
Atlanta where he has permanently established a
Health Institute.
The -A.tlan.ta Healtli Institute
is the only institute south superintended by reg
ularly qualified Hygienic Phyeicians, and the
only place where aIT kinds of' curable diseases
are' scientifically treated without a particle of
medical drug in any town, and with success uu
paralellcd by any other known process of treat
ing diseases.
Parties who arc, because of continued dosing
and drugging, considered incurable, are re
spectfully requested to visit or correspond with
us. Thousands of chronic invalids, after having
patiently tried the “deadly virtues of the (drug
ophatic) healing art” and with no other change
than that of growing continually worse and
worse, have under the Hygienic system of medi
cation. been speedily and permanedtly restored
to health.
For particulars, call at ATLANTA HEALTH
INSTITUTE, No. 178 W. Peters street, or address
Dll. U. O. HO BURTS ON,
fel2o Atlanta, Ga.
CARRIAGES, BUGGIES and WAGONS,
R. 11. JONES,
Cartersville, Georgia.
I FEEL JUSTLY PROUD OF THE RKPU
tation awarded by an appreciative people. I
do a square, honest business as near as 1 know
how. and endeavor to give every one the worth
of liis money. All work warranted, not for a
year only, but for any reasonable time. 1 say it,
and defy contradiction, there is
No Bettei* Work Made in America than
I am Building.
I have a Repository in Rome, in charge of Mr.
AY. L. AV liitely, in bid Odd Fellows’ building,
corner above new Masonic Temple. Wagons,
Buggies, Ac., kept bv him are just what they are
represented to be. All sold under warrantee. I
also have a shop in Rome, at the old stand of D.
Lindsey & Cos., run by It. L. Williams, where
new work and all kinds of repairing will be
done at prices to suit the times.
Give us your trade. mchO
iiiie
ATLANTA PHONOGRAPH.
IS THE
Liveliest, Spiciest, and Sauciest
Journal in Ceorgia.
IN POLITICS THE PHONOGRAPH IS A
purely
An Independent Democratic Journal.
Favors a sufficient amount of national currency
to suececsfully carry on the business of the coun
try. It is opposed to national banks and bond
holders, opposes fraud, humbugs and corrup
tion, and takes especial delight in showing up
everything which tends to injure the masses.
IT IS A PEOPLE’S PAPER.
1 year, $2; 6 months, $1; 3 mouths, 50 cents,
cash in advance. Address
AV. T. CHRISTOPHER,
32 Broad Street (up-stairs),
Atlanta. Ga.
A. F, MURPHY,
Home, :::::: Georgia.
GENERAL SOUTHERN AGENT
New York Portrait Painting Company,
WILL TAKE ORDERS FOR ANY QUALI
ty and size portrait known to the art for
less money than such work can be done for by
any other house. Parties desiring portraits can
send photograph, with description of complexion,
hair, eyes and dress. jnncl2-tim
J. C. & S. F. MILAM,
Commission Merchants,
COTTON BUYERS,
Dealers in Standard Guanos,
AGENTS FOR
Metropolitan Works, Hicliinoinl, Aa.
CAN FURNISH ANY KIND OF AN EN
ginc from four-horse power to one hundred
and fifty.
SAW AND GRIST MILLS, THRESHERS,
And in fact any kind of machinery.
Please see 11s before purchasing. Oiucc
at T. A. Foote’s store, West Main street, Car
tersville, Ga. ™ b27
THE FREE PRESS.
TOOMBS’ RAILROAD LOG C.
He Discusses the Relations of the Rail
roads Towards the State—The Na
ture of Corporat ions and their
Uses—Public Carriers
Subject to Pub
lic Control.
Washington, Ga., September 15.
Editors Constitution: After my last letter
was written to you, I received your pa
per containing a reque t 1 should give
you my views upon the subject of the
relations of the railroad to the state. The
enquiry is eminently wise and important,
and its correct solution is the foundation
rock of all sound legislation in tiie meas
ures for the regulation and taxation of
railroads now, or to be hereafter before
the legislature. I therefore comply with
your request with pleasure. All corpo
rations are artificial “legal persons with
special names, composed of such mem
bers and endowned with such power
(and privileges) and such only as the
law prescribes.” They are of very an
cient origin; they are children of civili
zation, grow with it, expand with it;
they are generally useful, oftentimes in
dispensable to the rapid progress and de
velopment of society; but they are al
ways dangerous and generally so in di
rect proportion to their strength and the
powers conferred upon them. While
railroad comp .1 *es are private corpora
tions, “mere carriers for hire, incorpo
rated, as such, they are given extraordi
nary powers in order that they may bet
ter serve the public in that capacity.
They are therefore engaged in a public
employment affecting the public inter
est and subject to legislative control un
less protected by their charters.” It is
therefore the duty of these corporations
to perform all the duties as common car
riers imposed upon them by the law, and
in the mode and njanner prescribed by
the laws, statutary or
common law, and also including their
several charters, and pay all taxes which
may legally be imposed upon them, and
to perform all other duties which the
law may rightfully impose upon them.
The duty of the state is to protect them
in the free and full enjoyment and exer
cise of all of the powers, rights and priv
ileges lawfully conferred upon them. —
Such are the legal relations between the
state and railroads. The state has done
her duty, her whole duty, and more than
her duty to these corporations. She has
conferred favors and gratuities upon
them contrary to law and greatly inju
rious to the rights and interests of the
people. This has most frequently been
done by careless (I wish I could say with
truth never by corrupt) legislation. But
such is not the truth, and, therefore,
ought not be said. Perhaps the worst
specimen of careless legislation to be
found in the laws of the state is that the
legislature has hitherto wholly neglected
to provide the simple machinery by
which to collect out of the railroads the
taxes admitted by them to be due the
state, and therefore due the several coun
ties of the state. They pay nothing for
the support of the administration ot jus
tice in the counties while they are the
greatest litigants of the courts. Nothing
for public buildings in the counties, noth
ing for education, nothing for roads and
bridges by means of which ninety-nine
hundreds of their business is done; i.:
short, they escape the whole of the great
public burthens. Independent of this
crying evil the legislature has neglected
and omitted to provide adequately for the
equal and just taxation of the railroads
by not imposing taxes upon the unex
empted portion of the property of par
tially exempted roads, or the property of
the shareholders of such roads, which
right is also declared to be clear and in
disputable by the supreme court of the
United States which has final jurisdic
tion on all such questions. These, among
many other things, require immediate
and efficient legislation.
Have the railroad corporations done
their duties to the state for all the pow
ers, privileges, immunities and exemp
tions conferred upon them, and for the
faithful performance of all her duties by
the state? They have not. This is the
result of my earnest and honest investi
gation and search for the truth in these
matters for the last ten years. So far
from having faithfully performed their
obligations' these corporations have
generally, habitually and persistently
endeavored to elude and avoid every one
of their obligations to the public. 'The
better to effect these objects they have
usurped numerous powers never granted
to them. To effect these objects inde
pendent of the great powers and privi
leges granted to them, they have set up
a claim to and exercised sovereign, im
perial powers which are now and have
always been denied by all free people to
any or all their departments of govern
ment, and even claimed their own right
to exercise them.
1. Among them, and standing at the
head of all, is the surrender of the taxing
power for the benefit of these monopo
lies, the exemption from all taxation for
limited periods and a partial and limited
exemption forever.
2. The great sovereign "power, under
the name of freight and passenger tariffs,
fixed by themselves in defiance and con
tempt of all public authority to appro
priate so much of the portable wealth of
the country as may fall into their hands
for transportation to their own end as
their necessities or rapacity maj dictate.
3. To annihilate what little competi
tion is possible in view of the location of
the several roads by combinations, pool
ings, rebates, bonuses, special contracts,
and other artful and illegal practices, and
then turn around upon what they sup
pose to be the ignorant public and with
“wise saws and modern instances,” lec
ture them upon the beauties of competi
tion, of free trade, when the nature of
the business and their own illegal acts
have made either impossible, and firmly
established an absolute monopoly which
nothing can elude, avoid or destroy but
the omnipotence of what Ave seek, the
law. Mr. Stephenson, the great English
engineer and pioneer in railroad build
ing, testified before the house of com
mons nearly half a century ago, that
where combination was possible compe
tition could no longer exist; it was worth
less. Our experience to-day justifies his
wisdom. These corporations further
claim the right to discriminate against
places, localities and persons at their
pleasure; to buy shares or stock, and even
whole railroads, within and without the
state and do any other thing to the same
end of lessening and destroying compe
tition, and to “infringe upon the equal
rights to the people and the general wel
fare of the state.” Many of these claims
have no shadow of authority to rest up
on, and none of them have the least legal
foundation to the extent which is claim
ed for them, and all have been condemn
ed, as thus claimed by the supreme court
of the state and the United States, and
all of them have been expressly condemn
ed by the people of Georgia in their or
ganic law, the constitution of 1877.
It simply remains for the legislature to
carry out the law of the land, and the
will of the people, as thus expressed in
CARTERSVILLE, GEORGIA, THURSDAY MORNING, SEPTEMBER 25, 1879.
the organic law of the state, “by appro
priate legislation.” *
As to the first question, tiie state only
demands of the railroad corporations to
obey liat clause oi her constitution which
declares that “all taxation shall be uni
form upon the same class of subjects and
ad valorem upon all property taxed.” This
demand is fair, just and liberal to these
corporations, imposes no other burdens
upon them than upon her own natural,
God-created children to whom she has
never granted a single exclusive privilege.
Tne act of 1874, imposing taxes upon
railroads is in strict harmony with the
constitution. Against these just provis
ions, immediately upon the passage of
the act of 1874, hitherto, the railroad cor
porations made constant war, as well as
those who had no pretext, no partial or
other exemptions as those who had. They
have traveled through the superior and
supreme courts of the state, the supreme
court of the United States, and in every
single case the roads were defeated in
whole or in pait, and the principle has
been firmly established by the supreme
court of the United States, tiie tribunal ot
the last resort, and there is not a single
dollar of the railroad property in the state
of Georgia which is not liable to taxation,
equal taxation, with the property of oth
er citizens of the state, both for state and
for county and municipal taxes. It is
true the supreme court of the United
States has decided that the Central rail
road is protected as to a small portion of
her capital invested in her road; also,
that the Macon and Augusta and South
western roads have also partial exemp
tions as to portions of their property, and
the Georgia railroad also falls within the
principle as to part of her property. But
then partial exemptions are only “boons
without benefit.” They only go to the
mode of taxation. The supreme court
liass settled the principle unanimously,
and frequently and it is no longer
an open question, that an exemp
tion, total or partial of the stock,
or the road itself from taxation whatever;
their objects of taxation are amply suffi
cient to carry out the great principle of
just taxation established by our laws, and
our legislature have only to amend their
tax laws in conformity therewith in or
der to perform their constitutional duty.
So much for taxation.
The claim of the railroad companies to
enact and execute their own freight and
passenger tariffs at their own pleasure,
without legislative control, is still more
u ten able, illegal and disastrous to so
ciety, and ought not to be done a single
day by the people.
Tolls and tariffs thus levied are simple
spoliation in its most odious form. Such
a grant of power would he a shame upon
the government of Russia, or Turkey,
or even the khedive of Egypt, The rail
road president and some of their high of
ficers are sometimes by their toadies and
admirers called kings. If they have
this power, they have some claims to the
title; if they have it, they certainly have
a great and valuable royal prerogative.
Not only the modern corsairs, but the
old sea-kings and other robber chiefs ex
ercised this power—levied clanegeld and
other exactions from the unfortunate vic
tims of their successful piracies; but even
these imposts were levied upon conquer
ed enemies—not from friends; not under
patented legal grants, but
“Under the good old rule, the simple plan,
To let him take who has the ]>ower,
And him hold on, who can,”
This can be the only foundation for
such a claim. Ladrue Itollain wrote a
book entitled “All Property is Theft.”
This is not true; but it is true th?t all
property obtained through such legisla
tion as is claimed by the railroad corpo
rations comes justly under that denun
ciation of thal Frenchman.
The enormity of this wrong against so
ciety can he better illustrated by a few
simple facts. When this pretended grant,
which never existed at all, was first al
leged to have been made, the cost of rail
road transportation was from five to ten
times as great as it is to-day.
The great improvement in the steam
engine in its practical form, in the di
minution of the fuel necessary to feed it,
improvement in the boiler, the construc
tion of the cars, in their axles, wheels
and indeed in their entire construction,
in any part from the cow catcher to the
tail of the train—the great discoveries in
the improvement of the method of mak
ing iron and steel rails, even the tele
graph and telephone, all have contributed
to this result. In all this these railroad
kings have not contributed a particle of
brains or labor. Most of these improve
ments have rewarded the inventors by
patents, exclusive use. When their just
claims were legally satisfied, they ought
to have fallen into the domain of society,
dedicated to humanity. But these mo
nopolists have seized them, charged for
them, and appropriated diem to their
own use. Shame upon them thus to
wrong their benefactors.
This claim to fix tariffs and pools upon
all the elements that enter into the pro
duction of commodities which are trans
ported over the roilroads, and upon all
the productions of labor and land which
must be transported, is more valuable to
these monopolies than the ownership of
the laborer, white and black, and a lee
simple title to all the lands which pro
duces* the products which they divide
among each other. These railroad kings
must be deposed; we must make the law
king, then we may joyfulty shout, O,
king, live forever!
The other pretensions of these kings
are equally unsupported by law or right.
There is uot one Avord in the charters of
these companies about through or local
rates for passenger or freights; not a word
authorizing a charge per mile at a single
cent more or less for ten miles than for
five hundred miles; not a word that inti
mates that from the legal starting point
to the legal stopping point is not the
meaning and measure ol through rates;
not a word allowing discriminations be
tAveen persons, bond or free, nor places,
not even excepting Americus; not a word
discriminating between large shippers
and small shippers—between the producer
of one bale of cotton and the producer of
a thousand bales. These corporations
take no power or priwlege except by ex
press grant. These are not granted,
which closes the case against them.
The remedies for these wrongs—for the
equal taxation and regulation of railroads,
are plain, simple, efficient and sufficient
for complete redress. There are others
besides a change in the methods of taxa
tion. They are somewhat complicated
by our external relations.
First, the power of congress to regu
late commerce with foreign nations, be
tween the several states and the Indian
tribes.
Secondly, the 10th section, article 1, of
the constitution of the United States, for
bidding the states from passing any law
impairing the obligations of railroads.
3d. The right of each state to the legal
control of the roads within their respect
ive jurisdictions. I have already shown
that our legislature must not, ought not
and need not to conflict with any of these
rights of others. The supreme courts
have settled in our favor all we need for
equal and just taxation. None of our
legislation can run into the jurisdiction
of our coterminous sister states, and we
have ample remedies for the security of
the people.
Ist. We have the right of eminent do
main ; the right to take all the railroads
in the state for public use when the public
interest demands it, by paying just com
pensations. If we pay just compensa
tion only, we can sell for the same after
putting them under the law. 2d. The
right of legislative repeal of all charters
created or renewed since the new code,
the Ist of January, 1833. 3d. The right
to forfeit by judicial judgment all the
cost of charters in the state for violation
of the same. These corporations live
and move and have their being in daily
violations of the constitution and laws
of the land, many of which are legal
grounds of forfeiture. Some of them, to
test the non-payment of lawful taxes, are
expressly declared by the code and the
tax act of 1874 to be legal grounds of for
feiture. This remedy ought now to be
applied. It will close the controversy
forever in favor of the l ights of the state
and the people.
I have thus, as briefly as possibly en
deavored to define the relations, legal re
lations, between the state and the railroad
corporations within her bounty, some of
the most important of the rights and duties
of such, and some of the methods by
which they may be effectually enforced
by the legislature. The prosperity of the
commonwealth demands their enforce
ment. The constitution demands it.
The true interests of the corporations
themselves demand it. It is a simple de
mand that rights shall be respected and
that justice shall be done. Industry can
not revive, prosperity cannot return with
oppressive national taxes, state taxes,
county taxes, corporation taxes, and,
worst of all, railroad spoliations crushing
industry and all honest labor and labor
ers. The cry for redress is going up
throughout the continent. It cannot be
stayed by the cry of communion and
such like catch-words used to alarm and
confound the simple and unwary. The
monopolists and the tax-consumers will
find that though driven back for a time
it will be but the reflex of the advancing,
not the receding strength from every
breaker, until its pathway may bestrewn
by the wrecks of society. It will then
be too late for the voice of wisdom, jus
tice and moderation to be heard or heed
ed. The battle cry of “woe to the van
quished” alone Mill be heard amid the
jarring elements of discord.
R. Toombs.
HENRY CLAY.
His Baptism and Religious Life—Letter
from a St. Louis Clergyman Who Ad
ministered the Rite of Baptism.
St Louis Globe-Democrat.]
Lexington, Ky.. August 27, 1879.- —
To the the Rev. Dr. Berkley, St. Louis,
Mo.—Dear Sir —Happening in the com
pany of an old friend of yours, and a
member of your church, I believe, Judge
William Bulloch, of Louisville, whom I
met at the house of his nephew, Mr. Ed.
Shelby, it was remarked that the Hon.
Henry Clay had,'before his death, made
an open profession of faith in Christ, and
had, under your pastoral care, united
himself to the Episcopal church, in Lex
ington, and that he had been immersed
by you instead of being subjected to the
usual effusion practiced by your clergy.
Would it be asking too much of you to
give some particulars of this interesting
circumstance; and, if you remember
anything of Mr. Clay’s religious life and
peculiar views, and what circumstances
induced this singular departure from the
ordinary course pursued by those who
seek entrance into your communion?
No biography that I have seen gives any
insight into the religious character ol this
great man. Merely claiming a sort of
general conformity in his later years to
the requirements of religion, they are si
lent as to what would most interest pious
readers. By your kind compliance you
will greatly oblige,
Yours truly,
W. L. Hyland.
ANSWER.
St. Louis, Sept. 10, 2379. —To the
Rev. W. L. Ryland, Lexington,. Ky.—
Dear Sir: Your letter in reference to the
baptism and religious views of the Hon.
Henry Clay was duly received.
The associations surrounding the life
of a great man are always of general in
terest. And it is a pleasure to know that,
after a man has been dead twenty-seven
years, there should be one, at least, to
revive his memory by inquiring into his
personal religious history—the manner
of his life and of his death.
1 had supposed that the circumstances
connected with the baptism of Mr. Clay
had passed into history. 1 have written
a number of private letters on this sub
ject, which do not seem to have reached
the public eye. I propose, as you have
elsewhere given your consent, to answer
your letter through the public press, that
the people at large may, one for all, be
possessed of the fact as well as you.
1 baptized Mr. Clay in his parlor, at
Ashland, at the same time administering
this ordinance to his daughter-in-law,
Mrs. Thomas Clay, and four of her chil
dren, on the 22d of June, 1847, a few
special friends only being present. The
water was applied by the hand out of a
large cut-glass urn,* which, among his
many rare presents, had been given to
him by a manufacturer of such wares in
Pittsburgh, Pa. It was said this urn was
the largest piece of cut-glass then known,
and it was most fittingly bestowed on the
greatest man, in some respects, that this
country ever produced.
Immediately after Mr. Clay’s baptism
a religious newspaper in Louisville,
whose “icish was lather to the thought,”
announced that he had been “baptized in
one of the beautiful ponds of Ashland.”
The erroneous announcement led the
people astray, and some of them have
never gotten back to the truth.
It may be of interest to you to know
that in the baptismal service of the Pro
testant Episcopal church there are certain
questions asked which the candidate is
supposed to answer from the book. See
ing Mr, Clay did not have a prayer-book
in his hand, I suggested that the use of
oue might enable him to more readily an
swer the questions. He replied, “I think
I shall oe able to answer them. And the
readiness with which he answered, and
his familiarity with the service gave evi
dence that he had made it a personal
study, and was read}' to stand by his
declarations.
You intimate in your letter that you
would like to know something more about
his religious character than this bare
fact. In a very concise way I propose to
gratify you.
For nineteen years, between the years
183 Sand 1858, I was the rector of Christ
church, Lexington, Kj r ., where Mr.
Clay and family worshipped. For four
teen years of that period, up to the time
of his death, in 1852, I was on intimate
terms with him, saw him often when he
was at home.
He always had a profound respect for
the Christian religion, and often express
ed it to me, as he had frequently done,
by the way, in public speeches.
lie was involved in the turmoil and vi
cissitudes of public life, which he thought
uncongenial to an avowal of his faith,
and waited until he saw the end of that
life before taking the solemn step which
bound him to Christ and His church.
At his house, at his office, and by the
way, our conversations often turned to
this subject, but not till he felt that he
was done with the cares of office, an 1
had retired from the United States senate,
did he give his great mind and heart
completely to the matters which concern
the future life, and lie fulfilled with great
earnestness his long-formed religious
purpose.
I have stated before that he was bap
tized on the 22d of June, 1847, when he
was seventy years old. He was confirm
ed in the chapel of Morrison College,
where my congregation then worshipped,
while erecting anew church (in which,
by the way, he took great personal inter
est), on the 18th of July, after having
made his first communion on the 4th day
of the same month. He died in Wash
ington City on the 28th of June, 1852,
and his body, in its transit from Wash
ington, under the charge of six senators,
was claimed to lay in suite, in some pub
lic hall, in all the cities through width it
passed on its way to Lexington, and I
officiated at his funeral at that city on the
10th of Julj T .
Mr. Clay was an earnest man. He did
nothing by halves. When his mind be
came fully engaged in reference to his re
ligious duty he seized and discussed ev
ery vital question relating to this subject
with earnestness and emotion.
When the sacrament of baptism was
the matter of conversation, the mode in
which it should be aministered was never
suggested by the one or the other. Of
course it was his purpose to receive it in .
the ordinary way in which ministers of
the Protestant Episcopal church are ac
customed to confer it.
After asking me to relate if I “remem
ber anything of Mr. Clay’s religions life
and peculiar views,” you wish to know',
supposing Mr. C. to have been baptized
by immersion—which was not the case—
“what circumstances induced this singu
lar departure from the ordinary course
pursued by those who seek entrance into
your (our) communion.”
I could write many things and record
interesting incidents and anecdotes of
Mr. Clay.’s life, as a lawyer, a statesman,
and a Christian (which will probably die
with me); but, as the latter is now the
special subject of this letter, I can only
say that he had no peculiar religious
views beyond those which relate to the
staple doctrines of the gospel. He loved
the church for her regularity and order
and the exceeding dignity and fitness
with which her worship was offered.
But he cared more for Christ and his mer
ciful atonement.
I cannot help relating here an incident
in illustration of this statement which oc
curred early in my ministry, lie was
more affected by any tender and pathetic
utterence than any listener I ever had
before me. The incident I allude to was
my having preached on a Sunday morn
ing with more of myself in the sermon
than Christ. (1 was a young man then.)
I dined with him and his family the next
day. Alter dinner we were walking
through the beautiful grounds of Ash
land, and he alluded to the sermon of the
da}' before, complimenting the style and
delivery as a mere public speech, but
added, when I go to church I like to hear
something in the sermon that will guide
a sinner to his Saviour.” How the times
have changed! Without expressing my
mortification at the just rebuke, when I
had foolishly used my office in the at
tempt, as l supposed, to please a great
man and a great orator, I determined
from that day to preach nothing but
Christ and Him crucified, and I have
mainly kept to my purpose
His faith in the divine authenticity of
Christianity, and the atonement made by
the Lord Jesus Christ for the sin
of the world, was as simple as that of a
child.
It was enough for him to know, as he
more than once said to me in substance,
that, “God so loved the world as to give
his only begotten Son, that whosoever be
lieveth in him should not perish, but
should have everlasting life.”
Now, about the “singular departure,”
as you express it, supposing Mr. Clay to
have been baptized by immersion.
The Protestant Episcopal Church holds
that the Scriptures do not decide the mode
of administering this ordinance, but each
applicant for the holy sacrament shall
receive it according to his preference,
either by affusion or immersion, so that
there is a proper application of water, by
a proper administrator, in the name of
the Holy Trinity.
During my residence and rectorate in
Lexington, I administered this ordinance
to a number of persons by immersion.
The candidates being reared under the
belief that there was no baptism without
immersion, and seeking union with one
of the oldest churches in the world, they
preferred to receive the ordinance in this
inode. And what large numbers of oth
er Christian people do not understand,
and Baptists particularly, is the fact the
baptismal office in the prayer-book of the
Protestant Episcopal Church prescribes
immersion as one of the modes of convey
ing this sacrament.
The directions given to the clergyman
when he is about to administer the rite,
is: “Here the minister shall take the can
didate by the right hand and then shall
dip him in the water, or pouring water
upon him, saying, I baptize thee in the
name of the Father, and of the Son, and
of the Holy Ghost, Amen.” This pre
scription is given in reference to infants,
as well as to adult persons. The church
leaves this unsettled question of Scrip
ture to be decided by the person who
asks for the sacred ordinance of baptism.
I simply state the fact without any pur
pose‘of controversy.
You will find some of the facts which
you seek in reference to Mr. Clay’s reli
gious life in a letter I wrote in answer to
one from the Rev. Dr. Butler, chaplain
to the United States senate in 1852, and
who attended Mr. Clay in his last sick
ness, recorded in Colton’s Life, and also
in the speech made at his funeral.
When Mr. Clay died the authorities and
the people of Lexington determined to
celebrate his recurring birthday, and to
observe it all along, as a fitting tribute to
the memory of her great citizen. Such
a celebration was held on the 12th of
April, 1853, when the officers of the
state and other distinguished people, and
numerous societies from various parts,
assembled at that city. The honor had
been conferred on me to make the oration
of the day; and gathering material for
this purpose I had access t> t’.e archives
of Asland and traditions troin the family;
but from my present recollection I did
not declare in that oration the conclusion
to which my researches had led me,
which was, that you might find men who
possessed in a small measure his magnet
ic power: some also his eloquence, but
that was peculiar to the man; some his
courage; some his political knowledge;
some his learning in the law and the con
stitution, but no man who ever first saw
the light of this land was his equal in the
NUMBER 11.
possession of all these elements of char
acter combined.
And, viewing him in all the grandeur
and stateliness of his remarkable person,
and his inflexibility in adhering to what
he believed to be right, with the combi
nation of bis wonderful powers, “we
shall not look upon his like again.” 1
am very truly yours, etc.,
Ed. F. Bkrkley,
Rector of St. Peter’s Church.
MR. STEPHENS IN LOUISVILLE.
Louisville Courier-Journal, 16tli.
The testimonial to Hon. Alexandei 11.
Stephens last night at the Exposition can
safely be called unparalleled. It was a
deference of the masses to a man who
will be a historic character.
At a quarter of eight o’clock the Louis
ville Legion, the committee from the
board of trade and the otiieers of the ex
position, with Eiehhorn’s band, went to
the Galt house, where Mr. Stephens was
met and placed in a carriage. He was
driven to the exposition, the band head
ing the piece ssion aid pla\ ing stii ra g
music. It was some time before Mr.
Stephens could be taken from the carriage,
owing to the plunging of the horses,
but he was eventually placed into the
building through the door at the north
west corner, the music and the soldier
boys preceding him.
The crowd that proceeded around the
platform erected for the speakers, the
board of trade and others, and that bent
expectantly over the railing above, was
probably the largest and more intelli
gent that ever assembled in the exposi
tion, and showed how familiar the name
of Alexander 11. Stephens is to the peo
ple of Kentucky. It was an old-fash
ioned, whole-souled, large-hearted Ken
tucky greeting that was extended the
southern gentleman. When everything
was ready and the fountain stopped splash
ing, and the crowd was one of silent ex
pectancy, Mr. 11. C. Pindell, one of
the vice-presidents of the exposition, arose
and welcomed Mr. Stephens shortly and
pointedly.
Mr. Stephens’s response was delivered
from iiis movable chair. In spite of his
bodily weakness his voice is still good,
and at times it rings like a clarion in a
mountain defile. It was noticed that
whenever he wished to emphasize any
point they would roll his chair first on the
right, and then on the left, and finally
forward. These movements are the
substitutes used by him for gestures, and
they rendered his speeehe very remarka
ble. His address was of an hour’s
length and enchained attention. No
Roman taker could have been ac corde 1
greater homage; no Pagan chariot, with
the spoils of hostile cities “to deck the
shrines of Rome” in its wake, ever oc
casioned greater enthusiasm, than the
chair of the invalid statesman. When
he began to speak the crowd gathered
closer, and increased momentarily. By
the statuary the stacked their
arms, and the boys were drawn up in
line:
We give in conclusion of Mr. Steph
ens’s address.
It is true that the thirteen original col
onies were all separate and distinct.
They came into thirteen states, all
separate and distinct, each having
all the functions of lif *, ea *h a sepa
rate and independent organism, yet all
miraculously and lined Together by a fed
eral head. The federal bound united
the wliole. But they were not, all ex
actly alike. They had the same insti
tutions in many respects, but not until
the late chastisement, not until the most
lamented war, were they exactly alike.
Some called slave states. I am not go
ing to speak of that subject, whether
properly slave of subordination of race.
Let that all go. They were not ex
actly alike, but now, through the sacri
fice of blood and chastisement of war,
they are not all alike—from Maine, to
California all alike. [Applause.]
Now, then for the future. Adminis
ter the government, as it ought to be,
maintain this grand law, that justice shall
be done to all—the humblest and the low
est without distinction of race and color.
That is the grand law, that no man shall
hurt another, and here permit me to re
fer to the dogma that is more mischiev
ous in our nation than any other, and it
is frequently attributed to American in
stitutions—the greatest good to the great
est number. No such thing. The
true Jeffersonian and American doctrine
now at least is the greatest good to all
without injury to a single one. This is
our doctrine. It extends from the
highest to the lowest circle —from the
humblest laborer to the wealthiest man
in the country —justice to all. ours}s
tem is founded upon the idea that all so
ciety is based upon the interchonge of la
bor and reciprocal services. That is our
grand system.
Now, in co c’.i s on, shall we, may we,
indulge this hope for the future? Let
your exposition go on. Let genius be
awakened in every department. En
courage the lowest as well as the high
est ranks. By to doing, in the future may
we not indulge in the hope that this
vision of the prophet may* be applicable
to this country and not only thirty-eight
states each separate within its own sphere
but linked together by a common spirit,
a federal head —that we may not only
have thirteen or thirty or thirty-eight,
but may we not take in the whole coun
try in a grand federal republic, the most
magnifieient gevernment that was ever
instituted by men. [Applause.] Every
state governing itself in accordance with
this principle of justice, Maine, Ken
tucky, Wisconsin, California and the in
fant territories of Wyoming and Dako
tah, and you may drop down and take
up Arizona—who cares if the number be
comes a hundred, it will be a grander
troup in the future, each one performing
his own functions in its own sphere, all
connected with this grand federal head,
moving on handsomely so that whatso
ever the common spirit goes all the other
will go together, and the monarchsof the
earth will look into amazement at this
grand phenomenon of the American Sys
tem of self-government. Then indeed,
when we all move together in perfect
harmony, and the nations of the earth
may look on in wonder as the proph
et and hear the motion of all together as
the noise of the great waters, even of the
Almighty.
At the conclusion the crowd cheered
most vociferously, and a great many la
dies and gentlemen came upon the stand
and shook hands with the speaker. He
was taken into the press-room, where he
was the recipient of more courtesies,
and where this party drank his health in
goblets of sparkling champagne.
Do we Believe in Witch-Craft?
“I take the position that we do not, in
its broad sense, said a gentleman of years
and experiece, and yet we find many of
the present day carrying a Buckeye in
their pocket through a kind of supersti
tion, when they might be relieved by a
few applications of Tabler’s Buckeye
Pile Ointment.” This Ointment is made
from the Buckeye, and is recommended
for nothing else but Piles. Try it. It
will cure you. Price 50 cents a bottle.
For sale by D. W. Curry.
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