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4’ . JOURNAL AND MESSENGER. CLISBY & JONES, Proprietors. THE FAMILY JOURNAL—NEWS—POLITICS—LITERATURE—AGRICULTURE—DOMESTIC NEWS, Etc.—PRICE $2.00 PER ANNUM. GEORGIA TELEGRAPH BUILDING ESTABLISHED 1826- MACON, FRIDAY, MAY 28, 1880. VOLUME NO—LV AN IVY SONG. In the mellow autumn sunshine, When the year was on the wane, I dreamed a dream of earthly bliss That cannot come again. The vesper lights were gleaming On a ruined castle tower, . And I stood there dreaming—dreaming, When the ivy was in flower. • Down below me lay the shadows Where the alder bushes grew; The fields were dim with golden mist, The sky was faintly blue; No restless wind came creeping Through my still and leafy bower; Life was sweet and pain was sleeping ' When the ivy was in flower. Oh, the bonnie, burnished ivy Clings around the ruin yet! My blissful dream is over now; I woke to vain regret. But patience soothes repining, Sorrow brings a priceless dower, And God’s light will still be shining When the ivy is in flower. —Sunday Magazine. THE MAH AMD THE MONKEY, When I was at the siege of Gibraltar- “I say, old fejlow—” I appeal for protection to the chain] [Hear, hear!] When I was at the siege of Gibraltar, my post was for some time in the Queen’s Batte:y, which immediate ly fronted the besiegers’ works. It was my special duty to acquire as accurate a knowledge of those works, their arma ment, position, defenses and progress as it was possible to obtain by constant ob servation and a very middling spy-glass, while enveloped in dust and smoke, choked with sulphur and exposed to in cessant compliments of shot and shell. The knowledge thus obtained I had the honor of imparting to our gallant Lieuten ant Governor, Gcd. Boyd, when he came out to the front from time to time. The circumstance procured for me the glori ous distinction of going out as guide when we made a sortie by night for the purpose of surprising the enemy’s works, burning and destroying them. I am not going to describe the sortie; you will find all about it in the Driukwa- ter. Let me only only say that it proved a real surprise to the enemy; their works were ruined, their guns spiked and their approaches in a corresponding degree re tarded, which was just what we wanted. The affair was nearly over, their gabions along the whole front were in a blaze; but, though outnumbered at our point of at tack, the enemy fought stoutly, and a good deal of savage skirmishing was still going on. I was in the thick of a regular melee, hard knocks at close quarters, when my attention was arrested by a diminutive Frenchman, an officer in splendid uniform, who was doing chivalrous deeds, as if he fancied his own arm might restore the lost combat. lie was a mere pigmy, and his pluckiness had so won upon our fellows that they were bent upon effecting an ob ject to which his own valor was the only obstacle—that of taking him alive. Flour ishing his sword, he skipped about, facing every point of the compass in succession, and thrusting, with loud cries of defiance, at every one that approached him. “Don’t kill him!” the men cried. “Take him alive; don’t hurt the little chap,” though the little chap had already disabled a sergeant and a private who had ventured too near him. I shouted, taking off my hat, aud entreating him, for his own sake, to surrender; it was clear, indeed, that he had no eliance left - but either to be taken prisoner or bite the dust. He returned my salute, but still maintained the defensive, spinning round and round, and lunging at the horizon. As we had done our work, and it was high time to get back to our lines lest the enemy should attack us in force, I began to fear it would be out of my power to save the little Frenchman’s life. Our men, too, were beginning to lose patience, and showed a disposition to close upon him with fixed bayonets; in which case, though he might very possibly have set his mark upon one or two more of them, the conse quences to himself might have been far from agreeable. At that moment, and just a31 was thinking, as a last effort, of trying what I could do by approaching him in person, he seemed to awake sud denly to a consciousness of his own peril, rushed toward me, threw down his sword, clasped his hands, uttered a piercing shriek and dropped on his knees at my feet. ne was my prisoner—a very grand cap ture, to be sure. In an instant he became calm, gentlemanly, and garrulous. Walk ing with me side by side as our party withdrew, lie was kind enough to com mence a perpetual stream of talk, which lasted all the way, and in which he found time to tell me who he was, and all about his own family and history; how he had fought m many battles, and always came off with more glory than all the rest of the combatants together, not forgetting to mention how much sooner Gibraltar would have fallen—it was sure to fall at last—had only bis suggestions been ap preciated as they deserved. He begged to assure me that he was a person of great importance. He bore, as he was pleased to state, the name of Montmaur, and his nom-de-guerre, by an inversion of the syllables, was Mormon. He was of noble birth, and turned of thirty; but his distinguished talents and acquirements in the art of war, known throughout Europe and universally recognized in the French service, had so excited the envy of his military superioro that they had succeed ed by finesse in preventing liis rising to a higher grade than that of lieutenant in * regiment of the line. The next day, when M. De Montmaur was presented before the governor, his ex cellency seemed a little non-plussed. To shut up a little diminvtivc object like that in durance would have looked absurd; one would as soon have thought of im prisoning a tomtit. Formally, to pSrole him would have been formality in a mat ter of no Importance—always better let alone. The result was that, having far weightier matters to attend to, his excel lency let, the business stand over, and ended by doing nothing; so that M. De Montmaur remained a prisoner at large. He rather attached himself to me, as his first English acquaintance, and, so far as garrison regulations permitted, used to follow me about everywhere. The con sequence was that my brother officers were accustomed to speak-of him as my “little dog Mormon.” Among the officers he soon became popular. I had given due publicity to his gallantry when captured, and that was quite sufficient to place him on a good footing with military men. Besides this he was good-humored, clever, and ai ways lively; could take a joke and re pay it with interest. As a musician, both vocal and instrumental, he was decidedly above par; when casualties were brought in from the batteries he was handy hi as sisting the surgeons, and in fencing, dancing, and cookery, wo soon found out that he equaled the most highly- educated of his own accomplished countrymen. The consequence was that M. de Montmaur was a welcome guest at every mess, and when ever an adventurous settee brought us fruit or vegetables, or fish, or fresh meat, lie was specially invited to share the least. If be sometimes taiked big, either about liis prowess, bis military attain- plishments, or his innumerable con quests among the fair, tbi3 only added to our amusement; bis vanity was so open- liearted that we liked him all the better. His more extravagant sallies were gener ally received with cheers, shouts of laugh ter and much thumping on the table, all of which he took to his own credit, Rrohably unconscious that the said thump ing was a grim regimental pun, practically and conventially signifying “That’s a thumper!” ’ When ho had succeeded in eliciting a vociferous demonstration, he always went home to his quarters in high state of exhilaration. In the garrison, however, we had one individual with whom M. de Montmaur, though it was not his own fault, never es- stablisbed amicable relations. This was a foreign officer in our service; he was from the north of Europe—a Captain Schnanb, who, though he wanted neither courage nor capacity, had certainly failed in making himself generally popular among us. He was a tall, large, power ful man, his stoutness almost verging on corpulency. His manner was rough, so were his jokes. Unfortunately, also, he viewed all Frenchmen with hostility, and this feeling be had no opportunity of ex hibiting, except toward M. de Montmaur, whom he was in the habit of treating as Ignominiously as the general feeling of the garrison would permit. To me our little prisoner had mentioned the subject more than once, pompously remarking that he feared he should be under the gainful necessity of teaching “ce cher Cap- taiue Se-che-naube a lesson in “politesse.” At length, in M. De Montmanr’s opin ion, the time for administering this very necessary lesson arrived, and he commu nicated with me in due form. He com menced the conference by intimating that, ‘though little in stature, he was as brave as a lion.” To this I merely responded by a bow. He next went on to state that “his sense of honor was not inferior to his bravery.” In short, seeing that he had a commu nication to make, and was taking a very roundabout way of coming to the point, I brought him to it at once. He then gave me to understand that the moment had at length arrived when, without appearing either captious or precipitate—he would like to see the individual, present com pany excepted, whose discretion and amiability came anything next his own—he felt himself free to termin ate a long series of insolences. Observing next the sea-wal), be said, a party of offi cers in conversation, among them “ce cher Captaine Se-che-naubbe,” he had been impelled by that courtesy which so eminently distinguished him to approach and salute them. His salute was politely and smilingly returned by the whole party, with one exception. “Ce cher Captaine” gave no token of recognition; nay, worse, actually held up a key and looked at him through it, as if it had been an eye-glass, thereby conveying the offensive imputation that he was so di minutive, so insignificant, as not to he dis cernible to the naked eye. This raised a general laugh among the gentlemen present, and, more offensive still, the laugh was taken up and audibly re-echoed by certain lion-commieeionod officers and privates who were standing not far off. For this insult M. De Mont maur felt himself entitled to prompt satis faction. ‘Well,” said I, “you state the cafe as a larty interested. Before pronouncing on t, I should like to ascertain the impres sion of one or two of the others present. Considering that you aud I have been so much together, and that it was I, more over, who had the honor of your surren der, I shall view the insult, if any was in tended, as offered to myself. The quarrel in that case will be mine; I am the person to whom the captain will owe satisfac tion.” (Such, iu those days of dueling, were oar notions of honor.) “Ah,” cried the little Frenchman, “that is brave! that is noble! that is just exact ly what I knew you would say! But I have anticipated your chivalrous sentiments by equal chivalry on my part. My challenge is already sent; I dispatched it an hour ago; and I have the captain’s acceptance, in my pocket. The only favor, therefore, which I now a3k, is your obliging compa ny as my friend.” The affair came off; the Weapons, ra piers; the time, that same afternoon; the field of slaughter, a retired spot beyond the barracks, and not far from the south ern extremity of the Rock. Nevertheless, the business having got wind, a few offi cers lounged down to see; and several other persons, civilians as well as soldiers, stood looking' on at a distance. The parties being placed, a few thrusts were exchanged without effect. The cap tain looked sulky enough. It was evi dent lie keenly felt his ridiculous posi tion ; the biggest man in the gairison, stuck up zis-a-tis In mortal combat with the least. The poor man fenced as if he couldn’t help himself. The littlc French- man, on the contrary, wa3 all activity and enterprise. At length, after a brisk pas sage of arms, the two stood facing each other lor a few seconds in perfect stillness, their swords barely touching at their extremities. Suddenly the little French man , swelled to twice his natural size, stamped, shouted “ha! ” sprang for ward a yard, spraDg back, agaiu. It was done in the twinkling of an eye. There he stood, just in his former attitude, as thongh he had never moved. At first I was not aware of any result; but three indies of his cword had taken effect, just as snrelv in fact as when a spider, hav ing netted a wasp, jumps at him, nips and jumps away again. The captain had got an ugly proguc in his sword-arm between wrist and elbow. The first token was that he used some shocking bad lan guage; next, lie turned deadly pale; then liis sword gradually went down, down, down; then tho weapon fell from liis grasp; he could hold it no longer. M. de Montmaur, scorning to profit by his suc cess, bowed politely to his antagonist, thanked him for the honor of “dis meet ing,” and expressed hims'clf “pcrfect^sat- isty.” The captain was taken away by his second, growling thunder, and followed by the doctor. The officers present, with whom lie was far from popular, were not sorry that he had got a lesson, and sur rounded the victor. A few words com mendatory of M. De Montmaur’s pluck and skill took such an effect that the little lieutenant was quite beside himself. He gesticulated, he wept. He called on Olympus to witness that no insult, how ever gross, should ever induce him hence forth-to draw his sword, in single combat, against the British uniform, and _ in proof of his sincerity he entreated, he implored, that some one present would only have the kindness to kick him or pull his nose, and see if he wouldn’t take it like a lamb. To prevent liis making a more complete ass of himself, I got him off the field, gave him an early supper, with only a short allowance of grog, and sent him to bed. Capt. Schnaub, who, with all his little peculiarities of character, was a zealous officer, appeared at his post on the third day with a slung arm, and in a fortnight was well. So ends the first part of my story. Much obliged; no more wine. I’ll trouble you for a little of that. Thanks; only half a tumbler—tlurok you. I’ll just light an other cigar, and proceed. Meanwhile, the siege went on. Com pared with their prodigious expenditure of powder and shot, the enemy did us very little damage; and the whole garrison felt convinced that, unless provisions should fail, which they never did en tile fortress for whatever, time they chose to remain before it. Meanwhile, vain glorious and lively as ever, M. De Mont maur remained with us, simply, I sup pose, because the besiegers had no pris oner of ours to exchange for him, or, if they had a prisoner preferred exchanging him for some one else. In process of time, as the siege proceed, ed, my post and duties were altered, There wa3 reason to suspect that certain residents in Gibraltar, Spaniards, others who favored the foe, were in the habit of concealing themselves in the rough ground about the summit of the Rock, and from that elevated position making signals to their friends outeide, both by day and night. One or two de linquents were caught and hanged. I had it in charge to look alter this class of oflenders, while taking also the general superintendence of our posts along the summit, and seeing that our men there stationed had their eyes about them, Treachery is. easy in a place besieged, simply because everybody takes it for granted that everybody else is on the alert, and therefore gives himself no trouble. It was also my duty to take note of all the enemy’s movements, and to report upon them as- occasion required, The arrangement, so far as it concerned myself, was not quite to the liking of M. De Montmaur, who expressed liis regret that so much of my time was occupied on the higher parts of the rock, which to him as a prisoner, from prudential considera tions, were forbidden ground. One fine day, when I was making my observations at the Rock Guard, a posi tion which vertically dominated the ene my’s lines, I was unexpectedly joined by Captain Schnanb. He was off duty, and had come to look about him. Learning in the course of conversation that I was oh the point of visiting the signal-house, another station on very high ground, he intimated an intention of going there too. I merely remarked that I should be glad to have the pleasure ofliis company. “You will not have that,” he replied in his rough way. “We shall go by different paths.” “How so?” I asked. “I know of but one path that is available from where we are—that along the summit of the ridge. It is not so smooth as a gravel-walk, but it leads from end to end.” “You know of hut one?” said he; “but know of two. Go yoil by the summit, if you prefer it; I shall go by the back of the Rock.” He spoke in a tone of bravado. Most people are aware that the east side, or “back of the Rock,” is a tremendous prec ipice. Formerly, on the face of this prec ipice, there were certain narrow paths, chiefly frequented by goats, and forming a communication, such as it was, between the eastern base of the Rock and its sum mit. But one of these paths having at a previous siege been actually made availa. ble by the enemy, they were all destroyed by scarping the Rock; and though there still remained one or two similar paths— that is, blind paths, a3 they might be called—paths which led down from the summit at one point, and up again at an other—not a single communication be- tu-pf-n summit ami uase n«l esvapea ob literation. Those remaining paths I well knew, and had occasionally tried; but it was ticklish work. You looked up on the blank wall of a precipice, and down on the Mediterranean; a single false step would be destruction. To the gallant cap tain, the very bulk and breadth of his corporeal presence rendered his proposed expedition doubly danger ous. There was every reason to fear, even upon mechanical principles that his center of gravity would overlap the line of safety at certain awkward points; and in the mildest manner I ven tured to hint that he would find the usual path safer as well as more pleasant. “To you it may be,” he replied scorn fully, “but not to me. Let me tell you, sir, I have scaled mountains to which this rock is a mole-hill. I have a good head, and I shall go. Take your own way, and give me leave to take mine. I don’t ask you to go with me, aud I wouldn’t advise ments, his extraordinary adventures, Ids —. hairbreadth escapes, his varied accom- tirely, we could keep out our foes from it.’ A boring, boastful man little Imagines how disagreeable he makes himself, even to those who wish him well. In this case there was nothing more to be said. The captain, disappearing over the ridge, looked very much like a man stepping down into vacancy. Pursuing my course from the Rock guard toward the signal-house, I had covered about half the distance, when I heard a human voice. At that solitaiy elevation it sounded odd. Whence did it come? It seemed to come from the left or ridge of the Rock. So 1 it was the captain. Nothing visible but his head; he spoke in his usual gruff key, somewhat tremulous, though ; “Here! Lend a hand.” I helped him up. He was blowzed and prodigiously sweated; we won’t say fright ened, but, to use the mildest term, a little “excited.” He spoke vindictively, “You didn’t tell me I should meet anything. Couldn’t go forward, couldn’t go back; and only the breadth of a knife-board. There I was. .Much obliged to you! ” “A goat ? ” I asked. It was well known in the garrison, and the captain must have known it too, that the goats which browse on the rock, in going from one part of the rock to the other, do occasionally use those .“knife- board” paths along the face of the preci pice, aud when two of them meet, as there is no room to pass and the outsider would infallibly be precipitated, one lies down and the other walks over him. This led me to fancy that a goat had met the captain, and that either he had laid himself along to be walked over by the goat, or the goat had done as much for him. ‘•Nonsense, goat! ” he exclaimed. “What do you meau by goat ? No, sir, not a goat—a baboon.” “Met you at the back of the Rock? Ob, one of the Gibraltar apes, I suppose. They hide up here among the crags and crevices; but I never met one yet in that path, or in any like it.” When anything disagreeable has oc curred it is quite natural that we should feel thoroughly out of temper with every body; and just in the humor for wreck ing our vengeance on somebody, and so quarreling with the first person we meet. • Such seemed to be the captain’s temper now. “Sir,” he said, fiercely, “I did not say an ape; I said a baboon—and a pretty big one, too—full the size of the Governor’s wolf dog. Not so big a baboon as some I have seen,” he added, with an insulting glance. I was on duty, and didn’t want to quar rel. “Come,” said I, laughing and eye ing his portly person, “we won’t dispute which baboons are the biggest, or which donkeys. I grant it. There is one spe cies of ape on the Rock which is consid erably larger than the common sort, and which, therefore, may perhaps be properly called baboons. Well, in passing along that perilous path one of these baboons met you. It Was an interesting meet ing to both parties, and a singular ad venture. Now please tell me all particu lars.” The captain, somewhat toned down by the Idea of telling, began to narrate. For some distance he made his way aloDg the path with no obstruction, save only the want of additional space. One arm brushed against a perpendicular 4all of lofty rock, the other hung free over the abvss. He owned he didn’t like it; but his coolness and determination, apt to mention the impossibility of turning nack, carried him forward. Just as he haid.got round a projecting ridge, which, once passed, return was hopeless, what do you think he saw in the path before him ? An enormous baboon I yes, sir; not an ape, a baboon. What ,waS to be done? He could not go back, and the. baboon would not. Passing was impossible. There they stood fdr some seconds, each looking dag gers at the other. It was a ‘question of life and death! Presently the baboon be gan to grin—grinned menacingly—raised himself erect on his hind legs, and grinned again, advanced a few steps, and gave another grin! The captain could easily have pitched the beast over the ledge, but iu so doing might he not have lost his balance, and gone over himself?, At this moment, a bright idea occurring to the captain’s mind, he made a slight movement downward with his hand, hop ing that the beast would do as goats do under similar circumstances—1. e., lie down upon the path, in order that he, the captain, might walk over him. Jhe baboon took no notice. What remained? Only that as the baboon would not, .the captain must. Accordingly (this part of the adventure the captain narrated with a considerable amount of self-vindication), the captain laid himself at full length, and th.e baboon walked over him. i So they parted; each went his own way; and the captain embraced the earliest op portunity of transferring himself from the face of the precipice to the summit, wnere I had the honor of landing him in the blowzed and colliqnescent condition already described, getting no thanks Ipr my trouble. ‘Very glad to see you hack again,” said I. “Had you missed your footing, tlis result must—” Here our conversation was interrepted by a distant bugle. We both knew.the note—it sounded for some one escaping to the enemy’s lines. Then followed a can- noneshot from the Queen’s Battery, then a dropping fire of musketry. In order to see what was in tho wind, we both made the best of our way hack to the Rock Guard, whence there was a clear view, the whole of the “neutral ground,” or space between the euemy’s-lines and our own' lying spread out almost beneath our feet. At first nothing was v.siblc, save the occasional striking of our shot, as they knocked up the sand. Presently,, however, we distinguished a little black speck, which was evidently making the best of its way to the hostile lines. Our glasses were promptly In requisi tion. The party escaping was at once brought nigh to the captain’s eye as well as mine. The fugitive rau well. No won der; he ran for his life. Presently, heedless of the fire, he paused; coolly faced round, laid one hand on his heart, with the other took oil' his hat, and made a profound semi-circular obeisance to the garLson. He then skipped down into the euemy’s trenches, and was lost to our view. But not till he had been recognized both by the captain and myself. "That little wretch of a exclaimed the captain. ‘ " The ludicrous reality broke at once upon my mind. “The Baboon!” I re plied. Captain Schnaub turned on me like a tiger. I didn’t want to liurt the captain’s feel ings, but the whole thing was so unutter ably comical, laughter was irrepressible. So I laughed heartily; there was no help ing it. The captain’s rage knew no bounds. It was too clear. “That little wretch” had again been too much for him, bad disguised himself, bad taken the path at the back of the Rock, had there met the captain, and had got off undetected and unsuspected. The captain, to hide his j “Drummer boy,” said I. “More like a powder-monkey,” said he, “Military,” said I. “Naval,” said he. Each of us begged leave to assure the other that he was as blind as a bat. The difference, of course, led to a wager, and we walked down together to the shore in order to ascertain who had won.* The sufferer floated prone, with his head under water. A soldier turned him over for us with the butt end of his mus ket. No powder-monkey, no drummer boy! It was my poor little friend, M. De Montmaur! On one side of his head and face was a tremendous contusion, enough to have killed a much bigger man. At least, then, he had escaped the horrors of suffocation or slow combustion, the lot of so many Spaniards on the awful night of the at tack. Ah, the yells of a thousand autos- da-fe seemed all to be concentrated and avenged in the fearful screams that came in to us from the burning ships! I at once took charge of the corpse, and then and there determined to give my lit tle lamented friend a soldier’s funeral ac- cording-to his rank. But he had cut aud run. Could he re ceive military honors ? • Yes. He had never given liis parole; and he had only availed himself of every prisoner’s right by all the laws of war, to escape if he can. The funeral was very generally at tended by the officers 'of the garrison, among whom M. De Montmaur had been laughed at and rather liked. It was not altogether to the liking of’Capt. Schnaub; but that gallant officer also, yielding to my persuasive powers, was present wi(h the rest. ' General Gordon’s Venerable Father Conies to the Bescue. Jackson Countv, Ala., May 22,18S0. Editors Constitution: I see from a copy of your paper, which has been sent me by some friend, that my son, the Hon. John B. Gordon, ha« resigned his seat in the Senate of the United States, and that much excitement prevails on account of it. I see some favorable and some con demnatory expressions concerning it. 1 think it, perhaps, not out of place for me, IdsJather, tQ write this short communica tion.' My son has ever been dutiful, obe dient and confiding. From liis earliest youth to the present time he has been the pride and the joy of my life. 1 am now nearly eighty-five years of age—a few more days and I shall have passed away. I would feel that my teaching and counsels would have been to little pur pose if the slanders and falsehoods ut tered against my son had any foundation in fact. As I stated above, he has always been obedient and confiding. When he could reach my ear he always consulted me be fore taking a momentous step. He made me a visit in March last, and while here he said to me: “Pa, I am tired of public life. I crave the peace and iptarn^•FrenchmanIff tcsf^esjcairtsaveupanymoneyouioSny mile wretch of a Frenchman J . ■ a , aiy . ’ and the idea l ; f dying a ' d - leaving ’“''™ 1 ‘ my family without a competency troubles J me no little.” He then went on to say that if he was out of the Senate he could make a great deal more money and would have to spend a great deal fess, and added that he had about concluded to re sign, feeling that the public interests Would net suffer thereby, ahd his private interests would be protected. I advised him to that course and urged him not to delay it, aud instead of being surprised at his resignation now, I am only surprised that it was not sooner. As to the insinu ations that he was “bought out” or “bar gained out” I pronounce it infamously and shamefully false, and my blood al- wreUi^d VU mo,tificatton,“ was^to dis- ! “J*®*®" nnspH tn oiiarrel. Perceiving. however. * n< kgn a t>on when I think of such charges being made against him. From his youth to his manhood he has been the embodi ment of honor and truthfulness. In his boyhood lie would never betray a “Never mind, captain,” said I. “Con- I tbe P e -°P le m whose defense he lias proven, sidering your different amplitudes, he posed to quarrel. Perceiving, however, that I continued lar less inclined to wran gle than to laugh, lie gradually toned down, and turned sulky. Savage that the “little wretch” had got off, what chiefly knew very well it would be a much more serious business if you walked over him, so of the two evils he chose the less. And now let me advise you to keep your own counsel. Nobody in the garrison knows of this little affair at the back of the Rock but our two selves, and I shall not mention it.” Somewhat mollified the captain awhile remained silent and pensive. At length, growing confidential, and speaking low, “Do you know,” he said, “just as he got his beastly foot on the small of my hack he gave utterance to a strange sort of gut tural cry which'I did think rather odd as coming from a baboon; a kind of mixture between a chuckle and the crowing of a cock.” So, then, the little Frenchman had felt such intense exultation at the nch idea of walking over the captain, that between crowing and chuckling he had nearly be trayed himself, and stood detected, a man and no monkey. However, though the joke would have exhilarated the whole garrison, I kept my promise and did not tell; so the captain was not made a laughing stock. There was a strict examination of the quarters which had been occupied by M. De Mont maur, but the scarcli brought nothing to light which indicated preparations for leaving. He had, doubtless, been aided in his escape by some party or parties within the garrison. It transpired that he had been wholly absent from his apart ment during the four-and-twenty hours which immediately preceded his flight; and for not reporting this the proprietor, a civilian, had to pay a small pecuniary fine—a far lighter punishment than he deserved. Whether the baboon carried any impor tant information respecting the state of affairs within the fortress to our enemies without, we never learned. If lie did, it mattered little. A few days after came their grand attack. We burned their floating batteries, and shortly after the siege was raised. Passing along the sea-wall the second day after the attack, I noticed a brother officer with his elbows on the parapet blowing a cloud. I wa3 soon by his side, doing as he did. Our faces were towards the water. Wo saw the whole surface of the bay covered with fragments of wreck, the debris of battered galleons. And, let me remark, if we had uot burned them we should have sunk them, so steady and overwhelming was the lire of our artillery. True we fired red-liot balls, but I quite agreed with tbe remark of an old artillery officer: “Sir, we could have beaten them with cold shot.” Among the wreck that had floated in,- my companion and I noticed several hu man bodies poppling up and down, now visible, now disappearing, as they were rolled and tossed by the waves—the corpses of our enemies who had perished on a thousand occasions, his readiness to die! Would he betray or sell for lucre that integrity and honor which is dearer to him than life itself! No! no! no! Away with such infamous falsehoods. Let those who condemn his course put them selves in his place. He had served his people in war and in peace with undying devotion. He had on his hands a large and growing family; his State and people are now free and prosperous, and'no longer require his service; his financial affairs and homo matters demand liis attention. The constitution and the laws of his coun try give him the right to retire. His salary is not sufficient to support his family and meet all his needs for money. He is not rich; after years of toil in his country’s service, he comes out poorer than he went in. He is offered a position which will afford him rest and quiet, and a competency. Geor gia has other sons capable of filling his place in the Senate. Where, then, is the crime of which he is guilty? What one of his accusers would not have acted as he did nniler similar circumstances? With Governor Brown’s appointment, I have nothing to do, and only feel inter ested in it as an old citizen of Georgia. I am satisfied of one fact, however, aud that is, that he has the brains to serve his State with great distinction, and that Governor Colquitt appointed him because he thought he was the best man for the place, and that Georgia’s interests would not suffer in his hands. I voted for him for governor and judge many years ago. He certainly made a good judge and an excellent governor. I sincerely trust and believe that he will servcliis State a3 faithfully now. Truly yours, Z. H. Gordon. Howls . From the Vanquished.— Not one delegate, says .he Cincinnati Commercial, is instructed for Blaine in Pennsylvania, New York and Minnesota; and yet if the Republicans could be heard in these States, Blaine would he entitled to nearly a hundred more votes on the first ballot at Chicago. Can a man be robbed of his own in this style witliont getting mad about it? The National Republican convention will meet in an anti-Grant city, and one where the rights of the majority have been roughly trampled on. John Logan’s bolt in Chicag) is a bad omen for the Grant men. Opposition to Grant.—John Coch rane, Horace White and other independ ent republicans are circulating a paper for signatures of republicans in New York city and State who will not cast their votes for Gen. Grant, if nominated for the pres idency. This paper will be presented to the Chicago convention to show “the dan ger that cannot be overcome in New York.” Copies of this paper are in circu lation in different parts of the State, and the interested persons claim that 5,000 names have already been appended to it. —, - - . They claim that they will have all of tbe in the attack. Up bobbed a very dark 20,000 “scratches” of last year. —A special Washington dispatch to the World says a private dispatch received at the capitol to-day from a prominent Dem face. “Ab,” said my companion, “that’s an Andaluz. How curious! Those lellows always call themselves Blancos, and they are only half a shade lighter than the ocratic politician of SanFrancisco cays the Moors over there on the other side.” j California delegation to the national con- “Look there,” said I; “alas, a poor vention stands 9 for Judge Field and 3 priest 1 Don’t you see his shaven crown?” , doubtful. The convention adopted a res- “See this little one,” said he, “close in olntion directing the majority to cast the by the shore.” vote of the State. Decisions of Supreme Court Rendered may 11th, 1SS0. {Abridged for the Telegraph and Messen ger by Hill & Harris, Attorneys at Laic, Macon, Ga.) 'Marks vs. Hertz. Trover, from Rich mond. 1. Where a defendant in trovjer was ar rested under bail process, and moved fora discharge under the act of August 11, 1879, an order discharging him on his own recognizance, was not such a final judg ment as could be brought up by a writ of enor. The proper remedy was by bill of exceptions pendente Lite. 2. If a ruling of the court would work serious or irreparable injury to the party against whom it was made before the final termination of the casej on a bill of excep tions pendente lite, the court should grant a supersedeas until the disposition of the main cause. Writ of error dismissed. Coston vs. Dudley, executor et al. Mo tion from' Washington. 1. A decree in equity cannot be set aside on motion; but the objection to the remedy may be waived; and if a motion made to set aside a decree be argued without objection and granted, it is then too late to raise the question as -ho the propriety of the remedy by motion. 2 A filial decree cannot be catered on a bill as confessed until the complaiuaut, or his solicitor in his absence, shall have sworn that the facts charged are true; or according to his information and belief, must have becu admitted to be true by the defendant, is an honest answer. Code §4238. Judgment affirmed. Brown, administratrix, vs. Groover, Stubbs & Co. Illegality, from Washing ton. 1. A case was tried at the March term, 1879, of Washington Superior Court. At the same term defendaut made a motion for a new trial, which was filed aud served. A brief of evidence was also filed subject to the revision and approval cf the court. Subsequently plaintiff’s counsel took it into his possession for the purpose of examining the same, but was then asked to agree to it, and never prom ised to do so. Court was adjourned until the second Monday in June, but the ad journed term was uot held, on account of the sickness of the judge. At the next regular term the brief was submitted for the revision aud approval of the court, still not agreed upon by counsel. The court indoised on the brief that it had for the Cist time been submitted to him, and that, six months having elapsed, he was unable to certify whether it was corrector not, though he recognized the correctness of portions of it. He dismissed the mo tion for new trial, because no brief of evidence had been filed under the ap proval and revision of the court, as re quiren by law: Held, that the indorsement of thejudge brief of evidence. 2. There was no error in dismissing the motion for new trial, the inability of the judge tp approve the brief of evidence resulting from the laches of the movant in not presenting it sooner for approval. - Judgment affirmed. The Southern Express Company vs. Lynch. Trover and ball, from Richmond. 1. Where in bail-trover, by election of the plaintiff, the jury returned an alterna tive verdict for^ a specified amount of money, to be discharged by the delivery of the property within twenty days, and the defendant failed to deliver it within such time, the verdict became absolute for money. Therefore, further imprisonment under the hail process would be for a debt, and lienee unconstitutional. 2. Where a defendant in bail-trover after the expiration of the time allowed by the alternative verdict against him for the delivery of the property, moved the court—not by suing out a writ of habeas corpus, but by mere petition—to be dis charged, and an order was thereupon passed discharging him, to which plain tiff excepted, the court should have granted a supersedeas to such order until the final determination of the question, taking such bond and prescribing such terms as the nature of the case might re quire. 3. The proper remedy for one who is illegally imprisoned, with or without any form of law, is by habeas corpus. We are not aware of any law or usage of our courts which, after final judgment, autho rizes the superior court to discharge a person from imprisonment by any other proceeding. Judgment reversed. Williams vs. McLeod. Ejectment, from Johnson. 1. An assignment of dower is not; a nul lity because only four, instead of five com missioners were appointed, if it be other wise legal. It may he held bad upon ob jection made at the proper time, but after the return has been made the judgment of the court the objection comes too late? Notice given by the wife to the adminis trator of her husband’s estate of her ap plication for dower gives notice also to creditors of the decedent. 2. A charge iiot warranted by the evi dence should not be given. When an as signment of dower was recorded in the book ot deeds, and the plat having been omitted by accident, it was subsequently inserted by order of court, a charge which assumed that this was an illegal record was error. It was constructive notice to the world, and actual notice to creditors of the decedent who were represented by the administrator. Judgment reversed. National Bank of Augusta vs. Heard, et al. Equity, from Bichmond. In respect to interest a decree has the same force as a judgment, when it it con tests with other liens or claims for money. But this refers to a decree in personam, binding all the property of the debtor, and rendered against the defendant with out reference to the sale of particular property and the distribution of the fund arising therefrom. Where a decree pro^ vided for the sale ofeertain property and a division of proceeds according to certain fixed priorities, naming amounts to he paid to claimants, and there was not enough to pay principal and interest of all the debts, the decree will not he con strued as giving interest to one to the ex clusion of others. If the property out of which the fund arose had been produc tive in the hands of a receiver, the net in crease would be divided proportionately. Judgment affirmed. Northwestern Mutual Life Insurance Company vs. Wilcoxon, administrator. Injunction, from Fulton. The constitution of 1877, which pro vides that in a comity where there is a city court, the judge thereof and of the su perior court “may preside in the courts of each other in cases where the judge of either is disqualified to preside,” does not give the right to the judge of a city court to exercise chancery powers and to grant or refuse injunctions in vacation, no order being taken in term time for the deter mination of the case in vacation. Rulings 40 made by him are mere nullities. Judgment affirmed. note by the principal does not prevent the bar of the statute of limitations from at taching in favor of his security. Nor can the administrator of one who signed a note only as security relieve it from the bar of the statute so far as primary creditors may be affected thereby. Especially is this the case where the note was barred before the death of the security. 21 Where certain creditors of an estate by note received payments thereon and screed to release the administrator from improper payment of a note barred by tbe statute of limitations, in subsequent suit by a creditor by account against the ad ministrator, such notes were not admissi ble to show outstanding debts of higher dignity than plaintiff’s. (a) Accounts of no greater dignity than plaintiff’s which the administrator had paid in full, ware not admissable to show a full administration of the estate, noth ing having been paid to plaintiff. 3. Where an administrator had not made annual returns and no order had been granted allowing him commissions, he was not entitled thereto on an issue of plenc. adm inistravit. 4. The plaintiff in error does not show error. In strictness, he is uot entitled to except, having consented to .the entering of a verdict against him, even though he may have reserved the right to except. Judgment affirmed. THE DABX CONTINENT. Smith, county treasurer, vs. Outlaw, sheriff. Illegality, from Johnson. Chawfoiid, J.—1. Under §337, par. 7, §553, par. 1, and §563 of the code, the ordinary has jurisdiction to cite the coun ty treasurer to appear before him for a settlement of his accounts, as well as to or der tljat moneys in his hands be paid out by him to the proper persons, and upon his failure to pay, to issue executions for such default. 2. When an executiou was levied upon “one house and one-half of lot No. 12 in the town of Wrightesvilie, adjoining T. W..Kent and Streets,” the description was sufficiently accurate. 3. Where no costs were taxed against the defendant, so far as the record dis closes, the fact that the judgment and the execution .based thereon do not contain itemized IA11, is no ground of illegality. Judgment affirmed. Picquet vs. The City Council of Augus ta et al. Equity, from Richmond. 1. lVTiere a bill is filed to set aside a deed made under a tax sale, the amount of taxes admitted to be due must be tendered. It is insufficient to to offer to allow tho city to retain sufficient amount out of the • pro ceeds of the sale, for this would result in the taxes being paid out of the purchaser’s money whilst liis deed would be can celed, if tho litigation resulted in favor of complainant. 2. After a judgment sustaining a de murrer to a bill in equity has been af firmed by this court, the complainant can not amend unless the proposed amend ment makes a case for equitable relief be- lay, or if the complainant has had his day in court thereon. Judgment affirmed. Bateman et ux. vs. Archer. Equity, from Washington. 1. Where a debtor executed to his cred itor an absolute deed to land, taking from him an agreement in writing to relinquish all claim thereto on the payment at a spec ified time of a certain sum of money, and this agreement was cauceled and renewed from year to year at each time the pay ment should have been made by the debtor, a bill in equity by the creditor, re cognizing the deed as an equitable mort gage, and praying that upon the failure of the defendaut. to pay the amount due, that his equity of redemption be forever barred and foreclosed, was net demurrable upon the ground that the complainant had an ample common law remedy. The contracts to relinquish by the creditor, be ing executed at different times from the deed, were not such defeasances as would constitute it a mortgage which could be foreclosed at law. 2. The money to secure wliich’the deed was executed having been borrowed by the debtor to purchase the very laud thereby conveyed, there was certainly abundant equity' in the bill. The debtor cannot retain both the money and the land. Judgment affirmed. The Central railroad vs. Brinson, by next friend. Case, from Burke. 1. A minor, being damaged in Ids per son, may bring suit to recover for any permanent injury which lie has sustained reaching beyond his majority, whilst the father may sue for any trespass done or damage sustained whereby lie loses the services of the child, as also for any ex pense incurred resulting from such "inju ry. ' 2. Although one railroad may be leased to and operated by another, by which the latter makes itself responsible for acts done on the road leased, yet neither loses its identity, and any tort committed upon the. lino of the one or tho other should he so alleged and proved. Especially is this true where both roads are construct ed through the territory of the same coun try.. 3. 'Where an injury is committed by a railroad, the presumption is always against the road, yet it may rebut that presumption by showing that its agents iiave exercised all ordinary and reasona ble care and diligence to avoid the injury; or that the damage was caused by the plaintiff’s own negligence; or that the plaintiff, by ordinary care, could have avoided the injury to himself, although caused by the road’s negligence.. If both the plaintiff and the road are at fault, the damages are to be diminished in propor tion to the default attributable to the plaintiff. Judgment reversed. Frosts in July. Mr. Vennor, of Montreal, lias experi mentally proved himself not an infallible prophet, and when ho predicts “frosts in July,” it is well to restrict his vaticina tions to high latitudes. But still, we should expect queer weather of some kind. The weather is apt to correspond with the events and one should uot look for normal weather when times are so much out of joint. Says Vennor: “I believe that June will be an intense ly hot month on the whole, but the end of the present month, and probably the ‘first of June,’ will be fall-like with frosts age in. July will be a terrible month for storms with turns of inter se heat, but another fall like relapse, with frosts, will, in all likeli hood, occur a few days before the 20th. I fear the storms of thunder and hart will be of universal severity during July. I must claim the verification of my predic tion relative to ‘a cold wave, with frosts, over a large portion of the United States between the 10th and 15tb of May. The relapse toward the close of the ' present month will be more severe than that just past. —Tlie strict Church of England party regard Queen Victoria a very bad church- woman. She has built a castle in Scot land and occupied her Palace of Holyrood, but the beautiful chapel there is as roof less as ou the day she first saw it. Again, when she first went to Balmoral it was McBride, administrator, vs. Hunter, noticed that she took a great 3uite, includ- ! couple is $2,500,000 a year. Mr. Greene Complaint, from Jefferson. 1 ing even her French male hairdresser, but ' is about 47 years of age, and she is about. 1. A payment and entry thereof on a not her domestic chaplain. ' 43.—Baltin ore Sun. Untold Millions of Human Beings in tho Interior of Africa. Although we have not, nor are we likely to have for years, any accurate sta tistics of the population of the interior of Africa, there is very little doubt that we have greatly 'underrated it. Much impor tant information has lately been gathered ou the subject, especially concerning the distribution and density of that far-off' land. In the great lake district for in stance there are territories as thickly set tled as many European States, relatively small areas possessing millions of people. The negro regions are by far the most pop ulous, while the desert portions are the reverse. A French geographical society gives tho estiThated figures of various subdivisions of that continent, as follows: In the Sou dan the population is 80,000,000, or about 53 persons per square mile. The town of Bida, on the Niger, for example, contains fully 90,000 inhabitants. East Africa is rated at 30,000,000, and equatorial Africa at some 40,000,000 souls. A late author ity on ethnology sets down the negroes as numerically 130,000,000; the H ami tea. 30,000,000; the Bautas, 13,000,000; the Foolalis, 8,000,000; the Nubians, 1,500,- 000; the Uotentots, 60,000—making a total of 172,000,000. These figures—only approximate of course—arc considered too low both by German and British geogra phers, the former estimating the popula tion as high as 200,000,000. Much hope has been repeatedly expressed of the fu ture of Africa, which is rich in mineral products and capable of maintaining a prosperous commerce with other parts of the globe. Along the coast and caravan roads the chief trade has been, and continues to be, in slaves. It is thought that recent effort will do much toward abating, the odious traffic, as the natives are capable of some- tliing better. Man of the tribes are above the condition of savages. They have fixed habitations, though merely mud huts, defended by stockades, and have some laws or customs favorable to commerce. Among several tribes the na tive merchant is greatly esteemed, and his property is safe even during war. The laud is cultivated; the inhabitants wear dyed cotton clothes; gold and iron arc in geniously manufactured, ana a certain kind of intelligence seems to be very slow ly spreading. What Africa most needs is free commercial intercourse with tho outer world, and that must arrive.. Who knows but that, in the coming cycles, the highest civilization may not be found where the first civilization arose! The Herald on the Third Term. The New York Herald of Monday de fines its position on the third term in a long article, from which we take these paragraphs: The question of a third term having been so widely raised it is perhaps better that it be decided, once for all, by the OT&aatfwteOTigiteiua the "bud that might have been better. But the bud has developed and expanded; the question is presented to the American people In such a form that they cannot ignore it; aud we are decidedly cf the opinion that the in terest and tranquillity of the republic re quire that the question be courageously met and finally decided. If a citizen with the great and acknowledged claims of General Grant should be defeated in running for a third term we shall have a complete guarantee that the question of a third term can never come up agaiu, and, what is not less important, a national acknowledgment of the bind ing force and effect of unwritten tradi tions and uniform usage as a part of the constitution. This great question has assumed such a magnitude that it is im portant that the American people decide it, and the inevitable nomination of Gen. Grant will furnish them the occasion. He is quite certain to be nominated, and his defeat, if he should be defeated, will take the question of a third term but of Ameri can politics for all time to come. A for mal amendment of the constitution could not be more effective and controlling. During the five months which will in tervene between the assembling of the Republican national convention m June, and the vote of the people on the second of November, there will be ample time for discussion aud consideration. There is no danger of a snap judgment on a ques tion of this magnitude. The nomination of General Grant seeming inevitable, we cheerfully accept it as a submission to the American people of a point which they are competent to decide. If the result is a vindication of the unwritten law of the republic,'all good citizens will be satisfied; hut if, on the other hand, the third term is sauctioned, the people will have exercised a right which unquestionably belongs to them. A Gorge of Silver Coin.—A letter from Secretary Sherman was laid before the House of Representatives, Saturday, calling attention to an inclosed communi cation from the assistant treasurer in New York city, in which the latter says: “Af ter a personal inspection of our silver vault I am satisfied that the additional amount we can safely receive will not ex ceed $10,000,000, making with what we now have on hand say $28,000,000. Though this is much less than the nomi- inal capacity of the vault, there are two objections to filling up all the available space: -First, the lateral pressure (which cannot be presented by the most careful stowing) would force out the lattice-work partition and precipitate the whole mass of coin into the passageway or the adjoin ing compartment if empty; second, it would uot be possible to make a count of the coin with even approximate correct ness without handling nearly every bag. How much time and expense this would involve may be judged from the fact'that the present stock of silver weighs over five hundred tons.” After describing the present system of stowage Mr. Hill- house continues: “If we adhere to this plan it will liniit the silver we can receive to an amount much less than we antici pated when the vault was constructed, but it is the only one consistent with safe ty and convenience. I take the liberty- of calling your attention to the matter, as there seems to be no disposition in Con gress to stop the further coinage of silver. If it is to go on at the rate of $2,000,000 a month, the question of how we are to dis pose of it with our present facilities-.will -■ soon be a pressing one.” t i f fr •The richest woman in America is Mrs. E. H. Greene, the wife of the vice- president of the Louisville and Nashville road. She was a Miss Robinson, aud her father was a whaling master at Bedford, Mass. He owned a fleet of ships known as the blue line of whalers, and from his profession was known as “Blubber Rob inson.” He died when his daughter was a mere jirl, and left her a fortune of about $8,000,000. She lived slenderly and pru dently, and gave the management of her affairs to Mr. John J. Cisco, of New York. As her tastes were simple, and her wants few, she was able to transfer her enor mous income almost every year to the body of the fortune itself, and it has now accumulated to more than $27,000,000. Her husband, Mr. Greene, was a very rich man when she married him, and has been successful since. It is said by‘one who should know that the income of this