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AND HOW THtT WERE TKKATKi>.
0*lcs*l Bptrkf Givis a Huury of tks States
as4 Ttslr Eslalies t* tt» F.dtrai G«v-
mwit-Tk* Treaty With
tk* liilur, Etc.
The thirteen colonies, which achieved
• of the re rotation, were each an
government, ao far many
connection one with the other, and were
ooly dependent upon Great Britain. Their
united action was directed in that strug
gle, by a oongreaa representing these
colonies; constituted by the consent and
action of etch individually, and for that
purpose only. At the successful feraiina
lion of this struggle, each colony was
recognised by Britain, as sovereign and
independent. I>ch felt the necessity of
union into a common government, hence
the confederation which followed. This
wasaooo found not completely to subserve
the views, or to answer the necessities of
• perfect union and efficient government
A convention of delegates from each colony
or stata, by common consent, convened for
the formation of a mors efficient govern,
merit, and a more perfect uoioo. From
this convention emanated the constitution
of the united colonies, and St waa adopted
aa the constitution of the United State*
In this constitution tbs government of
the United Elates waa endowed with certain
powers, and none other, with toe exception
of these - - all the powers of sovereignty were
f eservtd to the states.
Of the thirteen colonies, Georgia waa the
only one containing a large Indian popu>
lation. Thera were tome small remnant*
o! tribsa in New York, northern Virginia,
end in North Carolina, occupying reserves
of territory set apart to them by
state authority: none of these,
however, asserted an independence of
the state's authority, though Urey were per*
milled to administer their own laws in their
own way, but, tor any crurflffiti * offerse
against t is laws of the state, or any trans*'
action with a whits man, they were always
amenable to the laws of the slate.
Georgia extended over an immense ter
ritory, peooled with many tribes or nations
of the aborigi urea, and ail of these asserted
the right to self-government, acknow
ledging only a superior authority in the
G vernment of the United Slates, as they
d previously acknowledged the domina
tion of the crown of Great Britain, France
and Spain, all of these governments at one
time or anotherbavingelaimed jurisdiction
over the territory they inhabited.
In the constitution of the United States
there was no power delegated to the general
government, which authorised Its control
over the Indiana. This authority, however,
was assumed and exercised as well over the
Indiana in the stale of Georgia as over all
others upon the territory belonging to the
nations. This authority was tolerated by
Georgia, but under protest. The first treaty
made by President Washington with the
Georgia Indiana guaranteed to them per
petual possession and Indefeasible right to
the territory ir. their poseemion-r-witbiu the
limit of the state of Georgia. Georgia pro
tests 1 against this grant of possession and
(tower, and disregarded this treaty, and
though she did not extend her laws
over the Indian territory, she persisted
in her sovereignty over the territory,
leaving the Indians to their own
pomaatory rights and 10 the control of their
own government and lands. She submitted
to the a-Mimed authority of the United
Hiates and made i.o op|* aition to the ap
pointment of agents to raids amongst these
trilH #,tu re present the authority of the Unit
ed tt.ates. But *.n« never recognised the au
thority of these tribes or dietr independence
of her authority when she chose to extend
it over them She had no material intere.-t
In doing this and remained content with the
action, in this particular, of the government
of the ITnited Elates
When, to close out all the complications
arising from the Yssoofrauds,she alienated
the territory now com prising the states of
Alabama end klissiaaippi, the obligated the
United States, as a comdrieration for this
cession of territory, to *x'iuyu*h the In
diati c aim a« d remove them uoui the terri
tory within her Un its at dcflntd in that
cot.true , but she did »ot. by thi- act, pre
scribe ti e manner of their removal, nor*l.«!
she nuo^rnar their utie to the domain. «.ur
did ane irayiiiw the control of the Indians
within her »older* to telong many other
power than her own. At the eao.c lime
she left tothe United hates to choose the
time, inean» and manner of their removal.
It was not material to her interest or au
thority what theae were, so her right to
control these Indiana and to extend her
disnut* d. She lied never found it
to do this, though the right was uever eur
rendered An agent waa appointed by the
general government to reside amongst them
and to >*present that government, but no
disputed authority as to Georgia rights
grew out of this transaction, or to her power
to extend at her pleasure the operation of
her laws over her territory and over the
Indiana thereon.
It waa for some time observable that the
philanthropical people of New England
were anxb un ami active in their effort* t«*
educate and Christianize the Georgia Indi
ans, and to continue them in the possession
of the tetritory of their occupation within
Gaorgia'alimits A home missionary soci
ety was created, and its schoolmasters and
preachers were sent out to make settle
ments or missionary stations for this pur
pose. The Indians of the northwest occu
pying United States territory were not
deemed worthy of these humane and pious
efforts for the education of their minds, or
the salvation of their souls.
The tint efforts of these holv messengers
was to inspire the resistance of the Indians
to the claims of Georgia, ard to assert their
unquestioned right to the territory occu
pied by them within the territorial limits
of the state. No official attention was paid
to this action of the missionaries, until the
discovery of gold in the mountains of Cher
okee, Georgia. The heralding of this fact to
the public, created great excitement, not
only throughout the state, but through the
neighboring states, and thousands of adven
turous and enterprising men burned to the
gold fields to seise the tempting prize.
There was no law to control these men, or
to protect the Indians, and v.ry soon
there was imminent danger of a conflict
between these and the Indiana. This
prompted the action of the slate in the
matter, and in 1827 the legislature extended
the laws of the state over the territory
the meantime the action of the missionaries
was such as to make their presence in the
nation no longer endurable. Theirs, with
the reckless depredations of the gold dig
gers upon the public domain, induced Gov
emor Gilmer to convene the legislature in
October, BWO, several weeks anterior to the
time for its annual meeting. The territory
occupied by the Cherokees within the
limits of Georgia was annexed to the judi
cial circuits contiguous. The N. rthern c r
4-uit embraced the most of the territory.
This was presided over by Judge A 8 Clay
ton. It ww but a short time before several
very important cases arora within this
juru diction. In the meantime the legisla
ture had made u » criminal tffente for any
white man. with the exception of public
oftlceis, t*» rcs.de in the Indian territory
within the limits of Uiorgia without a
tperial license item the «t«:e. This act was
defied by the gold diggers, who had now
assembled in great foice upon the territory,
making it tore airy to expel them by force
They were not only depredating upon the
public domain, but wete in organized bands,
lobbing and stwliug txtenstvely from the
Indiana. To expel the** was as much the
desire and the interest ot the Indians as of
the people of Georgia, and they expressed a
willingness to co-operate with the state
force sent f. r the purpose The missionaries
alsoralosed obedient*.* to the state law. con
tending the Indians oon>iimtrd an inde
pendent eute, and insirttd they were the
owners of the territory of their occupation,
were rot rightly the *ut»jects t*r property
of the slate of Georgia; their allegiance was
due omy to the gem rxl government and
duly that government had the rig^t to exer
cise jurisdiction over them. They had
carefully instill-d into the minds of the
Indians this fset and they were determined
on resistance to the execution of the lass of
Georgia as extended over them and their
voLjrni.
ATLANTA, GA., TUESDAY, MAY 3, 1881.
NO. 47
out to the »uth. Heavy tariffs were im
posed for the protection of northern indus
tries at the expense of the producing indus
tries of the south, operating to compel her
to buy at theii own prices their shares by
excluding foreign competition, and using
the means of the bank which had been es-
tabliahed to a much greater extent in the
promotion of northern interests than those
of the sooth.
Georgia waa the first to discover this, and
to sound the alarm. South Carolina fol-
aisome the jurisdiction of deter- * lowtd, and Mr Crawford and Mr. Calhoun.
** — * ' ' “ -* - — abandoning the of party protection of the
bank and of internal improvements. at once
his own views. It was as follows:
There is no probability tnat the state of
Georgia would submit to the orders of the
oocrt if it should determine that the law of
the state in relation to the Indiana was
void. It is therefore important that no
case should be referred from the courts of
the state to the federal courts. I have been
induced to write thus freely and tally, be
cause it is understood at Washington city
mining the extent < i the
“ le.
are very desirous of
govern the Indian people,
but that the opposition an
bringing that question t
courts. In order to keep op the resistance of
the whites and the naif breeds to the re
moval of the Indians Our lawyers cugbt
to know the object of the oppositior and
refuse to be concerned in such a case ”
In response to the opinion herein ex
pressed at the August term, 1830, of Clarke
superior court, iu his charge to the grand
jury. Judge Clavtoo raid:
“Besides the fads officially announced in
the coundl of the Indians lately assero blcd, I
received information from tne executive
brooch of this government, that counsel
have been employed by the Cherokee
nation to raise for the adindicau .n of the
supreme court of the United States the
i occurring within the inri
western circuit were the a
The
lion of the western circuit were the wait
of the Indian Taseells for the tnuider of
another Indian and the defiance by the
missionaries of the law prohibiting their
continuance without license within the
limits of the IndMin territory. The Indian
Tsseella was convicted of murder,
invoked the interposition. through
hie counsel ard the aid of the misaionartre,
•if the federal authorities of the United
rftates An informal process from federal
authority eras served upon the slate court,
forbidding Use execation of TssseUs until
his care wiuld be passed upon by the fed
eral courts. This mar date w*» disregard* d
and m defiance of it Tweelts waa executed
This produced t.o collision between the
authorities of the state sad the United
fits tee.
The second case wse that of Bailer end
Worcester, two missionaries who continued
go reside in the nation contrary to the law
enquiring them to take the oath of allegiance
Co the state of Georgia.
The third difficuU
on the part of the
oounsel, William Wirt—to assert their in
dependent natlirality before the supreme
court of the United State* against the
alleged usurpation of the state ot Georgia,
lir. Wirt wrote a Utter u> Governor Gilmer
•agjKsting the propriety of making a case
by consent, the purport of which was com
municated by the governor to Judge C lay-
ion. Governor Gilmer’s letter explains
. _ for the government of the Indians
residing within its limits.” Now, without
intending the least disrespect, to whose
constitui tonal authority, this and all other
state courts will, I hope, cheerfully submit;
this question can never go up from a court
in which I preside, until the people of the
state yield it, either from a conviction of
errors ascertained from theirown tribunal?,
or the more awful sense of their weakness to
retain it. And in another part of hischarga
he says, “So long, however, ai the law re
mains unrepealed the country has a very
solemn pledge that it shall be faithfully and
i m partially administered. So far aa I am con
earned, I only require the aid of public
opinion and the arm of executive authority,
and no court on earth besides our own shall
be troubled with these questions.”
Georgia declined obedience to the man
dates of the supreme court of the United
States and went forward in the execution
of her own laws. Yet the Cherokee case
was solemnly argued before that court for
the plaintiff, ana a judgment waa rendered
by Chief-Justice Marshall iu favor of the
Indians declaring the law of Georgia
extending . her jurisdiction over the
Indians void. Still the state courts
rebitted the maudates and authority of the
federal court. Soon after the execution of
Taareli, the mksionaries were arrested and
tried and were convicted and sentenced to
the penitentiary for four years at bard
labor. Upon their arrival at the peniten
tiary Governor Giluier offered pardon to
all of them, upon the condition that they
would take the oath of allegiance to the
state of Georgia, or retire from the natiou.
This proffer was accepted by ail save two,
Butler aud Worcester. These two were
incarcerated aud placed at hard labor.
They, as bad the Indiana under their ad
vice, invoked the authority of the United
States through the supreme court, to afford
them relief. In this they failed. During
the incumbency of Judge Clayton the
question arose, “Had the Indians a right
in common with the whites to mine for
gold?’’ The efforts of the Indians to avoid
responsibility to the laws of Georgia, and
the extreme anxiety of the people of the
state to be nd of these by removal, and to
come into actual possession of tlm country,
had eo excited the public, that they wen*
unwilling to accord any right to the Indians.
This case was argued before Judge Clayton
and by biro decided, recognising the In
dians right to mine.
This decision was considered by the un
thinking multitude ss a backing down by
the judge from his former opinions, and be
wss rendered by it, very unpopular
throughout the elate, and influenced ma
terially the pending elections for members
the legislature. The consequence
w • bis failure of election to the
b*nch. At the expiration of his term
be was succeeded by Charles Doughtily.
This wrong done him was sevecely mortify
ing to him, as he was conscious of having
abandoned no principles and bad done no
wrong. Immediately a reaction look place
in public opinion, and he was elected to
congress by a handsome majority. This
reaction was greatly influenced by the high
character of the judge for intelligence ana
integrity.
Failing before the supreme court, the
missionaries, through their northern friends,
appealed to congress in June 1832. on a
memorial from Duchess county. New York,
by Mr. 1’endleton, to authorize their dis
charge by hata as corpus. This memorial
was laid on the table of the house of repre
sentatives by a vote of 106 to 67. Judge
Clayton was a member of that cougrets aud
ably vindicated the rights of Georgia and
was mainly instrumental in producing the
above result.
An anecdote weut the rounds of the news
papers that, about this time, Judge Clayton
was in Philadelphia and ou the Sabbath
attended church, when the miuister pre
ferred to the throne of grace an able prayer
for the poor suffering missionaries aud for
the cruel judge who had condemned them
to thia ignominious and most unjust puu
ishment. Little did the minister or au
dience dream that the cruel judge was pres
eat, a worshipper in the church.
When this last resort failed Butler and
Woroeter lost hope, and appealed the execu
tive clemency and complying with the law
were released and returned to the nation,
resuming their missionary work.
General Jackson had succeeded John Q
Adams as president, and very soon an
nounced his Indian policy—was to quit ail
agitation and remove all cause of conten
tion and difficulty between the whites and
Indians; to remove the Indians to a terri
tory set apart for them west of the Missis
aippi. His pre-eminent popularity quieted
a\l opposition to bis views, and the work
was commenced, and mainly effected under
aud during his administration. It was now
apparent that the withdrawal from the
territory of the south of the Indians
would open a large area of territory
for settlement and cultivation;
its genial climate and rich staple
productions would incite a large iromigra
lion, and of consequence greatly augment
the political strength of the south. To
counteract this as much as possible, the
Indians of the northwest had logo- There
was no longer any tympany for the red
roan and brother, and Puritan sympathy
waa r.o logger stimulated by Puritan far at-
icisrn for his temporal «r eternal destiny
Black Hawk rebelled and levied var to
protect and retain the homes of his people
and the graves of his ancestors. But New
"lugland raised no voice in his behalf, but
Hidered efficient aid to the policy and the
means of their removal inaugurated by
administration they opposed.
It was just about this time that northern
pbilanthropby turned black, and “Lo, the
poor Indian,' was baud of no more, ana
the negro came up from the lifting horizon
and soon a black cloud began to shadow
and scowl upon the land. Thenceforward
it waa the black man and brother, who was
to be red« emed and saved.
No great while
elusion of the war of 1812 and 1815 with
Great Britain a national policy was inan
gurated termed the American system. I
was claim* d that a liberal construction of
the constitution enabled congress to adopt
such measures and pass such taws as would
enable the great means of the United
States government to be so applied and
used as greatly to promote the general wel
fare. The measures growing out of this
policy were the creation of a national bank
through which to regulate and control the
currency, and to facilitate the operations of
the government financially; to construct
improvements within the limits of a state
without consulting state authority and to
levy a tariff upon all importations not solely
for the purposes of revenues, but for the
protection of home manufactures. 7 he
the opponents of the policy, and
were active In the creation and support of
free trade and states rights party. Toe first
man to move in this matter was Judge A.
8. Clayton, of Georgia. He was a man of
rare mental endowment, and was never dis
posed to take anything on trust,
but always investigated closely
and thoroughly. He was equally
facile as an orator and a writer,
and in both capacities superior to most men.
He sounded the alarm through the press,
and in the forum industriously cultivated
public opinion at home. These efforts were
not spasmodic but persistently pursued. He
invited the people of the state by their
representatives to assemble and in conven
tion to express their views upon the policy
of the nation, and to concentrate public
opinion. Ably and lucidly he explained in
his writings the south's danger, and worked
aa he warned, inviting the intellect of the
state to co-operation in bis views until the
whole south was aroused and a state’s right
party organized.
The conflict of authority between the
general government and that of Georgia
upon the Indian question stimulated in
quiry, and the masses soon uuderstooa the
ibrestening danger to state rights in the
consolidation of power in the general gov
ernment
Clayton was sent to congress; he was
scarcely warm in bis seat before he vigor
ously attacked both the back and the tariff
denouncing the whole system. His speeches
were lucid, vigorous and convincing, and
have never been surpassed by any others
upon the same subject They demonstrated
the sectional legislation of congress and
predicted the consequences. He declared
the interests of the south were ignored and
that her people were victimized to the
interest of the north and that ruin would be
the result Those speeches to-dxy read like
prophecy as do his letters signed “Atticua.”
I may in a future article, if I do not
weary the public, and should I live, give a
more particular and more extended account
of this noble son of Georgia.
W. H. Si-akxs.
THE STAR ROUTES
CAUSING SOMETROUBLETO JOBBERS
The Dlscoseioa Provoked by the UmrilUag Resig
nation of Biady—Millions of Nosey Fraud-
slextly Expend* d—The Debate
Bfctsmcd la the Senate.
A GIGANTIC STEAL.
The Cashier or the De Leva*pa Canal
Company Disappears With the
New York, April 25.— 1 The sudden disappear
ance of the cashier of the De Lesseps canal com
pany was recently reported. For six weeks alter
bis disappearance the company kept the matter
hushed and denied the report. But the defalca
tion is now admitted. The Canal, a paper pub
lished iu English, French and Spanish, has
brought the matter to
and omens that the
treasurer fled with &Q,&0flUi belonging to the
company. He went awsy on a tug. from
which he boarded a steamer. The canal com
pany for a time attempted to account for the
ireaurer’s absence by saying that he had commit
ted suicide for reasons
own by drowniug
The truth Is now,
now reported that
another official of the canal company has
: they are charged a good stiff price. Then
n the food thus dearly paid for Is often too
* to satisiy, and so the unfort
are compelled to procure more
this the most outrageous prices ar
the pleathst the company find it
ble to procure the regular supply alone. For
instance, at the station of Matnchto an engineer
ssss r.*ssra.’a &
lars per mouth. Not getting enough to satisfy
themselves they took necessary extras, having
them charged against the husband’s salary ac
count At the expiration of the month, when
the engineer went to draw his salary, minus
his board bill, he found that
«Aarged against his fsmil;
a ny amounted to
bt ou his next „
Englishman who had been at work seven weeks
for the De Lessens company at the end of that
time went to settle up and was amazed to find
himself indebted to the company for extras $60
over and above all his earnings. The food given
by the company is wed calculated to promote a
longing for extras. It consists of native rice,
dried beef, beams, codfish and occasionally fresh
beef, given out in miserly measure. The canal
company’s commissary department seems to be
> so as to secure the labor of the compa
s native
strikers at Panama recently.
the 12th
are per-
are estimated at
Inst. Three persons
ished in the flames. The
S1.OUO.OJO. More than 1,500 people were rendered
homeless by the disaster, and are in a condition
bordering on starvation. The steamer Coqnlmba,
which called there on the 14th. left all the pro
visions that conld be spared from her stores for
the relief of the suffering.
A SAD DEATH.
General A. J. Hamaell 1
■ Away.
Tax Comtitctzox is called upon this morn log
to announce the death of oue of Georgia’s moat
prominent, honored and respected citizens. The
name of the gentleman whose death we chronicle
is familiar to every section of the state. It Is
General A. J. Bar sell, a long time resident of
Cobb county. The death of this distir guished
gentlemen occurred Sunday erenlxg last at his
home, near Roswell. In Cobb, and waa the result
of a brief attack of pneumonia.
Than General Han sell Georgia never had a
brighter, better or more honored son. Born
wnnin the state his Ufa’s labor was in iu Interest
S a gotd has resulted to Georgia by the
has just betn dosed. For thirty years
a rerioent ot Marietta, where he waa a
tho bar, and
Cobb county ably
represented by him in the state lesidature Even
at the time ol his death General Uansell was a
member of that body, and his death creates a
vacuum that will long be felt not cnly by bis
county, which sustains an irreparable loss, but
by the state, and we may even ssy the union.
Beside Cobb county this distinguished gentleman
represented Lumpkiu county wb. *
T nsjfs5iw .
Washington, April 2a—John L. French,
chief clerk of the contract office in the
post-office department, was removed to
day and Henry D. Lyman, of Ohio,
appointed in his place. The removal
of Mr. French is said to be only an ad
ditional st-p in the development of the plan
of the presen tadmistration of the post-office
department, looking to the establishment of
the contract office upon a different working
basis.
It has been previously stated that the
prima facie evidence on which Brady was
removed was taken from the books m the
contract division of the second assistant
postmaster general’s office. For the fiscal
year efiding Jane 30." 1880, $5.1)00,000 was
appropriated for star route service, being
every dollar that the department requested
for that purpose. Four months before the
end of the fiscal year General Brady noti
fied congress that there would be a deficien
cy of $10,000,000 in his department unless
an additional appropriation was voted. In
contracting for this liability in excess
of the amount appropriated Brady
had violated the statute which provides
that no department of the government
shall involve the government for the pay
ment of a larger sum of money than that
appropriated lor the current fiscal year.
Brady, while admitting that be had made
contracts calling for the expenditure of
a sum largely in excess of the appropria
tion, declared that lie could keep within
the law by at once reducing the service on
all routes so as to bring the pay within
the limit of the regular appropriation.
The law provides that the second assistant
postmaster general may abrogate contracts
for carrying the mails on star routes at
pleasure by giving the contractors one
month’s* extra pay. The proposition to
curtail service on all routes of course would
have worked great injustice to innocent
communities, where the service was not in
excess of the actual demand of the popula
tion. After a protracted fight, in which
the members of the appropriations
committee of the house, irrespective of
party, contended for a reduction of service
on the extravagantly increased routes and a
curtailment of the discretionary power*
lodged in General Brady, the contractors’
ring, by the aid of a powerful lobby and
the expenditure of large sums of money,
carried the day by a small majority. They
were once beaten in the senate but the con-
troversey between the two bouses was at
last amicably settled. Further increases of
compensation in excess of 50 per cent of
the original contract price were forbidden
It is expected that farther developments
will be made thia week. The investigations
of the poet-office department are nearly
completed, except eo far as the inquiries
relate to matters of suspected fraud outside
the second assistant’s office. Reference has
been previously made in the*e dispatches
to ninety-three routes ontof 9,225, on which
K y waa raised from $727.119 to $2,802 214
tweeu the letting of 1878 aud January 1,
1880, thus absorbing $2,802,214 out of the
annual appropriation for that year
of $5,900,000 for the entire service.
The 93 routes in question are owned by 39
contractors, all ot whom are regarded as
members of the post-office ring. The
following table will show- the prosperity
which attends the. most favored of these
contractors. Forty-seven routes controlled
by eight contractors, have been selected as
a sample. These routes cover 9,047^1 miles.
The original pay granted for the service on
all the routes was $425,045 General Brady
increased the pay to $1,444,789. A careful
perusal of the table will give the reader a
complete insight of the system of raising
contracts. In almost every case the criginal
bids were tor a sum so small that the con
tractors could not have carried the mails
except at great loss. The law requires the
bid of the lowest responsible bidder to be
accepted. A member of the ring would
underbid every honest bidder on a profita
ble roate, with the certainty that the second
assistant postmaster general would increase
the number of trips and expedite the sche
dule on his route as soon as the contract
was awarded, allowing enormous compen-
tiou therefor.
If a bidder outside the ring offered to
perform the work for a lower sum than the
ringster’s bid, the outsider was invariably
given the contract. When he applied for
the increased compensation, which would
have bet n readily accorded the more favored
cl&as, he generally found that it could not
be obtained. He then had no other option
but to throw up the contract at great loss.
The contract would then be tendered the
next lowest bidder. If two or three ring
men bad bid on the same route the lower
bidders would draw out and the highest of
the ring bids necessarily had to be accepted.
Then increased pay would be granted,
ar.d the profits would be divided.
Total Tot orig- Tot lac’d
Name. No. Mile*. Inal pay. pay.
JB Price • 895*4 $47,901 $173,427
J M Peck 9 1.G66 35,398 236.741
J R Miner 8 832 10.371 1*5.658
J W Dorsey 8 1,5*3
o J 8*nlabury 5 1.00U
TA McDevitl 5 969
J T Chichester 1 l,5to 1
J W Foster 5 742 <
did even a more extensive business in the
swindles than the Dorsey fcrowd, is com
posed of J. T. Gilmer, Macro Salisbury
and O. Y. Salisbury, a younger brothe'i
of Monro. J. T. Gilmer was formerly s
stage-driver over the Hal liday overland
route from St. Joseph, Missouri, to Sacra
mento. California. He was very ignorant,
and could scarcely write his own name, but
he had a shrewd eye for business. In 1868
he formed a partnership with two Balisbu-
nrs, and bought out the stage line of
Wells, Fargo & Co., over which most of
the mail* in the territories were at that
time carried. Since then the firm has been
engaged in the Star route business, and has
made a large fortune. ’ J
Among the agents who have made straw
bids in the interest of this firm are W. W
Parker, T. A. McDevitt, A. S Patrick, Luke
Vorhees, George H. Platt, t» J. Salisbury,
Patrick & Brown, A. H. Brown, G. V.
Messerole, C. Coegrove, W. W. Giddings, C.
D. Seeley, F. W. W. Gilmac, brother of J.
F. Gilman, W. D. Hill. Hugh Whit**, Salis
bury <t Nichols, William Hami!.^a, M. V.
Nichols and William H. Forte.
The excess of pay received by the Gilmore
& Salisbury combination o\ er that called
for by their original contracts amount to
the neat little sum of $778. T J «s, with more
still to hear from.
In addition to the money rVren these large
contractor*, who made tneiT* bids through
straw agents, small fortunes have been di
vided between Brady and smaller contrac
tors, who made their bids on theirown
account. In Louisiana Dr. B. H. Peterson
secured an excess of $40,261, on a route of
261 miles. Dr. Peterson was formerly a
member of the Warmoth ring in Louisi
ana, but now lives in this city, upon the
income derived from his dealings with
Brady. Charles E. Andrews, who received
on two routes, each twenty miles long, an
excess of $12,257, is a Washington
\ K ~ * * •'
was formerly
clerk
removed by Postmaster General Jewell
for malfeasance in office. John A. Walsh,
who secured an increase of $118,500 on a
route from Prescott to Santa Fe, Arizona,
for which be originally contracted for $18,
500, is a native of Louisiana. When the
war broke out be joined the confederate
army, but after the reconstruction of Loubi
ana he joined the Warmoth ring. He was
indicted in New Orleans for making illicit
whisky, and was saved from -imprisonment
by Brady, who was at that time supervisor
of internal revenue in North Adams, and
refused to appear as a witness against him.
FEDERAL FACTS.
MEMORY’S PERFUME
^S^CENSEjrC^rHE^ HONORED.DEAD
The Observance of Memorial D*y la Atlanta—Aa
Immense Gone inn* of Pecplo Autmble at
Oakland Cemetery—Profeucr Mc-
Adoo’s Memorial Form Etc.
Atlanta wore a holiday garb Tuesday and the
memorial exercises passed off creditably to all.
The day was jnst what it should have been and
the result was that a large concourse of people
aided in spreading flowers over the graves of the
dead.
At four o'clock the procession formed on Ma
rietta street. First came six mounted police,
then a four-horse carriage containing Mayor
English, Major Cummings, the chief rn«r»h*i l the
Rev. Dr. Heidt, pastor of Trinity church. Profes
sor McAdoo, the poet, and his little daughter.
After these were the Atlanta Sextette band, the
Gate City Guard, fifty strong. Captain Burke com
manding; the Kirkwood Cadets, the Atlanta Greys
and a long line of carriages crowded with ladles
and gentlemen, laden with floral offerings, de
tirous of showing their respect to the dead.
At the corner of Broad and Marietta streets the
procession filed right and passed np Broad to
Alabama, then filing left went down Alabama to
Whitehall, up which it marched to Hunter and
thence to the cemetery.
The steps leading to the eastern side of the
monument were made the rostrum, and from
here the dense crowd was addressed. Around this
silent tribute to the noble dead, whose lives
were given that it: might be built, the ladies
congregated. The Rev^Dr. Heidt opened the ex
ercises with a- fervent prayer, in which ho feel
ingly referred to the dee-is of those buried in
Oakland cemetery, and expressed thanks at the
burial of the ill feeling aroused by the war in
which they were slain. His prayer waa doeed
by a petition for guidance for those in authority.
Then Mayor English arose and intro
duced Prof. McAdoo. Prof. Mc
Adoo is an elderly gentleman
whose height give* him an Imposing appearance
His beard and hair are white and with a voice
liulo affected by hla age, he read (he poem
equaled only by
nty friend*. In fact he made
e that did not redound to ins
During the wax General
of 8enaior Brown's staff, and in that
did. si elsewhere, hla state great gooc
death the state loses an honors hie gentleman,
Cobb county an able, efficient aid trusty repre
sentative, the people a faithful, generous and
valuable friend.
His family la a large one. scattered over
147,203
176.282
112,682
299,000
necessities of the people were such during
been supplied by foreign
kiroxnan. Major Kernel’s wife. Captain Robert
Clayton’s wife and Dr. William Crenshaw’s wife
were his daughters Mr William Hanaell, with
Hush T. Inman A Co., la his eon, and Mrs.
Stockton la his sister. All of these have gone
to Roswell to pay the last final tribute to a name
whom* sound is a synomym for honor.
The story took well in its first version. It could
not be gainsaid, because it was told in the “oooe-
upoo the-time” vein, and about a Mr. X. Y. Z,
from nowhere In particular. You could not get
his name from Mr. Dawes, since publication was
to Insure the man’s murder. So Mr. Dawes was
safe, and west ou teffing the little tale and getting
e hero heard so much about it that he <
Louisiana, cot UbaimLppl, and that hla factory
was what ti con moo:y called a gin house down
south. But all ot the rest of the story, he said,
le—the 1.CG0 acres, the $25,000 property, “
iansm and ruffianism. Howe
Ubekd southern people had _ _
Mr. Dawes down to hard pan now. and it did not
take them long to tell all they knew about Mr.
Charts* Heath, of Caldwell parish. Louisiana,
whose property was burned on Christmas night.
In fact they are already able to get out an 111 ns-
trated edition of Mr. Dawes’s gfnbouse romance,
senator Jonas, of Loublana. evidently Intends to
publish one soon in the senate embellished with
many cuts. Heath's own New England neighbors
say be is
with
Total 47 9.047*4 425.045 $1,444,789
J. W. Dorsey is a brother of ex Senator S.
W. Dorsey, and Price, Peck and Miner are
said to be in partnership with J. W- Dorsey.
A year ago the name of 8. W. Dorsey ap
pea red upon the books of the department
as contractor on one of the routes, and it is
averred that he is the responsible backer of
his brother.
By states and territories the increase was
as follows:
na—Three routes, covering 530 miles:
rice, $16,284; increased to$llS.S12
-Nine routes, covering 2.7L miles; ori£l-
. $160,888: Increased to $121,035.
ra—Two routes, covering 423 miles; orig
lnsl price, S:0.64J; increased to $33,587.
Kansas—Three routes.covering2*4 miles; origi
nal price. SM78; increased to $15,616.
Colorado aixtera routes, covering 1,655 miles;
original price. $43.0£; increased to $248,145.
California—Twelve routes, covering 2.115 miles;
original price, $133,929; increased to $575^46.
Oiegoo—Five routes, covering 1.087 ml
original price, $22532; increased to $148,535.
Nevada— Elgnt routes, covering 946 miles;
original price. $54,651: increased to $143,158.
had awakened a desire in the whole country
to build up the manufacturing interests oi
the country to the extent of tupplyirgttase
from home iadustrieatand they readily acqui
esced in the adoption of such means oy
oor gra« as would effect this.
This policy was the offspring of the
wonderfully fertile brain of Henry Clay
It received the sanction of thoee equally
great minds and equally wonoexful
men. William H. Crawford, and John C.
Calhoun. Mr. Crawford in his great speech
in the senate in 1811 or '12 upon chartering
a bank, foreshadowed his views, as did Mr.
Calhoun hie, in his famous report upon the
chartering of a bank, and in that upon the
inaugurating a system of public works by
the general government.
It was patriotic thus to consider the pub
lic interest as effecting the whole people,
and for a time the ration was harmonized
in the support of these measures. Soon,
however, tt was apparent that all of these
were directed tor sectional interest alone.
Appropriation were liberally made for
public works in the east, bat scantily doled
• real cantion ai d many grains of salt. Like
Mr Duna be ts fund of fiction. The incorrect
portions of hi* "lutenn
> the senator are
fAUJO.
1,21s; increased to $1*2.722.
original price. $51,'
Montana—Four routes, covering 667 miles;
$29,746; increased to $149,761
roate, covering S31 miles;
origi
original price, $ 5.3:9; increased to $379,832.
tub—Three routes, covering 602 miles; <
nal price. $53,558: increased to $X> ~
Idaho—Two routes, cc—*
price. $5,470: increased
Those who claimed to know all the poin »
of the investigation which is being made
into the star route ring say the half has not
$401)
(gaged for $71^83. and had *4,000 insurance
r Meath Dtver wu outraged, or ktxkinxed.
or bulldo* !d at alL and tne fire which burnt him
oat u commonly alleged to have been his own
incendiary act tr get the Insurance money. It
will be intereuL-f. if sot amesieg. to bear
Senator Dawes exerotae hla ingannlty In explain-
these slight discrepancies and in teUiog
hiw he dared, in the
ted functions, to frame aa ind
people span in* baas olsoch a silly,
al he as that of Charles Heath's gin
What the Negroes Get.
Wheeling Register.
The republican leaders claim all negroes ss
members of tnelr party. Senator Brown
Georgia, made the dear, sharp point the .
day that U this it true the n**ro voters cowc
one-fourth of that party; and in that connci
he reminded the black race that of 109^90 federal
offices the negroes get paalUy ID of the least
and the penitentiary, if possible. * The
whole steal is practically divided between
what is known a* the D jrsey gang and the
Gilmer and Salisbury party, the latter be ng
by far the most extensive operators in the
swindle.
The Dorsey gang is compo*ed of J. W.
Dorsey, J. M. Beck sod J. R. Miner, who
have acted as blinds for Stephen W. Dorsey,
ex-eenator from Arkansas, and sccr
the republican national committee,
for leceiving contracts J. W. Dorsey is i
brother of Stephen W. Dorsey. Only
little over three years ago he wss a farm..
Vermont, an ignorant and stupid speci
men of humanity. He was not so stupid,
however, that his more brilliant brother
conld not use him as a cat's paw to puil
gold from the public treasury, and be was
brought to Washington for this
purpose. J. M. Beck, the second
worthy of the tno. is a brother-in-
law of Stephen W Dorsey, having
married a sister of the latter’s wife. J. R.
Miner is a partner of the great original Dor
sey himself. He was brought from San
dusky, Ohio, expressly to go into the star
route business. The amount known to have
been pocketed by the S. W. Dorsey gang in
excess of the amount called for by their
original bids is not less in round numbers
than $412000. What percentage of this was
transferred to Brady as his share of the
spoils only Stephen W. Dorsey and his
partners can tell.
The firm of Gilmer. Salisbury A Co., which
Gathered by oar Special Corres
pondent.
Special Correspondence Constitution.
Washington, April 25.—While the inde
pendents in Georgia and Virginia are be
coming intimate with the administration
and begging it to help them break up the
solid south, the true republicans in these
states are showing signs of disaffection
Their theory is that which a colored brother
expressed in one of those funny Atlanta
conventions, when he said that these new
converts would always be welcome, but he
believed they ought to be asked to take
back seats for a while. But the adminis
tration is completely captured by the Ma-
bone idea. The man who promises to ra
main in the democratic party and yet
work for ita destruction, is treated
with far more deference than the man who
has boldly stood against the democratic
party all the while. This, as a question of
policy is good, for an ally in the opposing
camp is worth ten men in the trenches
outside. The republicans are complaining
however. I have heard some men who have
been distinguished in Georgia for their
fidelity and zeal in the cause of republican
ism declare that Garfield was adopting the
best plan possible for driving oat of the
party its staunchest friends In the south.
To fill their places with men whose
political affinities are ao shifting
would be a dangerous experiment
The administration is in love with weak
democracy-—that is the democracy which
it can use and which is rash enough to
promise that with its little hatchet and a
moderate degree of republican “grease” it
can split the solid south all to flinders. Mr.
8tepbena is not in sympathy with the plan
of some Georgia independents to bnild
their faction with administraTi^g- aia*i
he stops short in his zeal for a sudden and
unreasoning determination to split the solid
touth. It is noticeable how this idea has de
veloped in other quarters since Mahone be
gan his effort to split Virginia, and got such
good pay for it. The same difficulties await
our enterprising independents in Georgia
that have come on their compatriots in
Virginia. They will find it hard to ride two
horses at the same time. While they can
not hold all the strength they had when
acting independently but stnctiy within
the democratic party, they will also discover
that they cannot grasp the entire republican
strength by their new gyration Between
their present and former standpoints there
* fir'
th
ocrata and the men of broadest views
with whom I have talked on this subject
that the solid south can never be broken by
any such an attack as that which Mahone
and tome o~
making on it in Mahone’s case it was
palpably a fight for patronage. The motive
scarcely less plain in the Georeia case for
le of the first disclosures made by the
leaders of the movement is that with a
liberal allowance of federal aid they can
break np existing political organizations.
No political movement based on such low
motives can ever succeed in the south. It
must havo more principle and
less selfishness. As generally d<
dared it is the dimax of th
boss theory and the very essence of politi
cal corruption. Senators Hill and Bin
speak plainly on these matters. They hv»
no faith in this fusion of political elements
which proclaims that the solid south must
be broken, and that it will do the breaking
if the administration will give it offices
enough tc “throw around loose,” as it were.
It is believed that Frye’s blood and
thunder speech has done the work for the
administration in the Conkling contest.
Blaine denies that he is in any sense respon
sible for Frye, but Frye went into the
senate as his mouth-piece, and his tpeech
is taken by many of the democrats
as the declaration of the administration.
;y will go to Conkli
him. but to rebuke
and to try to teach it that it bad best keep
its able young man checked a little tighter
Conkling is said to chuckle over the speech
jrobably bad two motives in making
is vanity prompted him to seize a
>ccasion for the display of oratory,
a d he also desired to make capital amoDg
the stalwarts of bis own state. He made
his speech and ran away the next day to
Nova Scotia to cool down his too fervid
ardor.
-Bryant continues to peg away at
Governor Conley. Result the same. Mr.
Bryant has the credit o*$ being
sincere in his political c Actions,
aud is said to be an estim man
personally. He should direct his Vdergies
on some other line, for he is cow trailing a
forlorn hope. However, be may be entirely
left out anyway, for he doesn’t stand half as
good chance under this liberal administra
tion ss if he were an independent democrat
with adjustable convictions.
Tne re is hope that the oppressive heat
which has so suddenly come will break up
the i enate. The deadlock is growing horri
bly dull and the prospect of an all summer
region is enough to terrify even the knight
ly Dawes.
As 1 write the city is in a flatter of
flags over the Farr*gut ceremonial The
splendid procession is passing throui
streets crowded with people in a__
bright colors and happy feelings of spring
F. H. R,
for hi* many virtue*. In a calm, dear tone the
lemvai read and la as follows:
ace more the cull stream of the day* has borne
Life’s solemn bark to sad Memorial Day!
Here let us turn, while round ns breaks the
spray
Of busy life'* excitements—turn to mourn
Anew, aa lovers left ou earth forlorn,
The fate of thousands brave as “bravest Ney,”
The patriot wearers of the luckless gray.
From loving friends and life’s enjoyments torn!
i, let ua put aside the thoushu of gain.
The busy scheme* that fill our restless souls.
And all but patriotism’s sacred ties;
And with sweet pleasur not unmixed with pain
fealty to their memory while time roll*
i mighty course beneath heaven’s vaulted
skieat
—Lme, the beautifier of the dead J”
8o spake a mighty bard of Briton’s isle—
Thy fleeting yean on lightning wings are sped;
But all thy ravage* can ne’er despoil
The love our bosoms bear for those who sleep
Death's wakeless sleep because ot duty done;
The gratitude their noble valor won!
O spirits high Oi those whose ashes rest
Around us here, ’twere easy, had ye been
he victors, to have moved mankind’! keen
To lavish honors on you; and the sheen
would throw
- -O after ages;
who sirop below,
Are found in tears, and sighs, and these:
In these most honored graves, your dust
acred held till Time itself be
an the swift Granicus's side;
Garth*genian braves who yielded life
Where Funic glory died on Zama’s plain-
Where Cbn:rones’* fateful, bloody strife
Saw Grecian glory crushed no more to rise again!
Theaa who. sleep here?
A ROUGH RECEPTION.
New To ex. April 26-—The quarantine officer*
discovered nnalipox on the steamship VI
which arrived to-day. While the ship wsl
famtaated. the physicians informed those on
board, nearly one thousand perrons, that it would
kenecemary for all who had never been vacdnit-
ed to submit to the operation. The
pawengers and a large nun be
the steerage people consented.
153 of the latter, Russian* and Pole*.
sm-juoos objections. One Poland er said “If the
dec ors come near me. I will knock them down.”
“Trai’s right, that’s right.” exclaimed several of
his countrymen. Dr. .**mith requested one to
bare her arm to be vaccinated, when she knocked
the instrument out of his hand. Finding
oue hundred and fifty
i obstinate.
For a time the sueae
Men shouted, womta
expresrioa of one of 1
and the crew
hustled about pretty
lively by the Poles and Russians, and the
seemed inclined to join in the melee. One woman
told the officers that rather than have her two
chi’drea vaccinated, she would knock out the
of the quarantine
knock out the
combined crews and doctors renewed the attack
and every person who would not submit to vac
cination cn the steamer was taken by force ou
the quarantine boat and taken to Dix ’
where they will be kept until vaccinated.
Sleep on. Beloved, with other glorious dead
Who for the noble cause of country bled!
With brave Leonidas’s chosen few
Who clave the Persian millions through.
And countless generations taught
Immortal fame by valor bought!
with Persian hosts who died
As Clonmel's victims who did fall
In Erin’s glorious cause, but lost
All but the martyrdor **- ’ “
grand pit
a those prfee the most
Reach loftiest heights of victory!
O, noblest spirits of the dead.
Who, living, gloriously shed
* -—, io r Micro
Life’s ,.
As Goa revealed it il . ___
And closed your eyes in g
right
for aye
The fallen heroes oi our own Lost Cause.
Mute victims of the struggle.—overthrown.
And mouldering Into} dust without memorial
Or l la taut history’s adulant official voice—
To you. our hearts with boundless tenderness
Most fondly turn; and could fond tears but
bless.
Or prayers avail to waft to you on high
Heaven’s highest, purrot, sweet frtici’y.
Yours should be bliss above! Aud hero on earth
Grand recognition such sz valor’s sous deserve!
Foul prejudice, like mists, should melt awsy
Beneath the sunbeams of true reconstruction’
day;
And^uo intestine strife should sap the nation',
BuLpeace and union rale our country's hcavei
Now let fair hands the floral tributes bring
Unto the mouldering dust of heroes sleeping
Once more, on mighty stream oi time wil(
sweeping.
We float away till swift to-morrows bring
Our next year’s tribute of love’s offering;
And then, with hearts of love, and eyes of
weeping.
And prayers far upward to God's footstool
We shall repeat this day’s fond ministering.
Ota,faithful, Jhl*. through all the future ages.
These hearts of ours, And cur successor
beating
W 1th immortality of fond affection,
A tribute grand shall bear through all the
Of eartii’s existence; and with eons fleeting,
Shalt spring undying to lime’s deathless res
urrection!
As soon as the professor had co***
reading he was surrounded by hundi
“ v ~ *“ — * issed the..
which he had aided
memorial day.
Captain John Milledge was then called for. In
response he arose, and in a beautiful speech,
which lasted fifteen minutes, charmed those
pratent.: The raptain spoke of the tost cause in
which the dead gave their life, and said that
more attention was due them. He referred to
the monument upon which he stood, and in
glowing terms compl mented the ladies for the
energy they had displayed in erecting it He
then closed by railing upon all present to join in
the lormstiou ol a new Memorial association, and
named this evening at 4 o’clock as the hour, and
the Young Men’s library rooms aa the place ior
— ^ r-r- ,-AUric by the band the graves
were covered with flowers, and Memorial cay for
1881 was over.
Philadelphia at the Exposition.
Philadelphia Evening Bulletin.
The south is moving In an enterprise which is
one of the best indications of the dawning of
tetter days for that section of the country that has
yet been given. The cotton exposition to be held
at Atlanta, next October, is an undertaking that
will interest the whole country. This exhibition
ol cotton iu all Its forms and conditions, agricul
tural. manufacturing, mecha ileal and commer
cial, opens an opportunity for one of the most
interesting and importantindustrial displays ever
made in any part of the world. The north as the
manufacturer and consumer, la interested in it
alike with the south as the producer of the great
the great
textile staple, Aud Philadelphia
manufacturing center of America...
naturally takes a special interest in the southern
A STORY OF SHAME
SHOWING MAN'S CRUEL INFIDELITY.
A Drummer Wooes sad Weds a Beautiful Youug
Lady, Sabsiqueatly Deserts H-r, Drives
Her to Dcapair and Suicide, and
Blows Oat His Own Brains.
While sunk your ran in sore defeat.
Died ye with thought or wish to pray
To live, and torn your recreant feet
Than grasp the fleeting gains o
A recreant conscience dares to win
And writhe beneath Dishonor’s
With pinions high as heaven have borne v
thither
To fields of glory that shall never wither!
Time’s mellowing touch all sharp asperities
Bounds Into Charity’s amenities.
The mighty cliff; born from volcanic Area,
With ragged frown unto the clouds aspires,
Bees crumbling into Grace’s outlined forms
The rocky crest unit by ten thousand storms;
And sternest strifes from fiery passions born,
By sharp attrition of swift years are worn
Into such gentle shapes that, to all eyes.
Some glory on each varying aspect lies.
What Briton in this, later day
Feels not fall pride in Chalgrove field
Where Rupert won the fierce affray,
And Hampden did his life-blood yield7
And Edgthill’s plain historic speaks
To modern bear is its unit story
Of long-gone strife that no more breaks
The oneness of old England’s glory.
And Rupert’s braves at Marston Moor,
And Cromwell’s Ironsides alike,
▲re heroes on that other shore:
And each, ascoDHflecce ruled, did strike
And R royslbt,*rach felt the life-blood flow.
Thus can the modern Englishman survey
These bloody coLil.cts of harsh civil war
Whoee Ughtnlng passions in their maddened
Each <28: impartial thought quite utterly did
mar!
And human thought which now doth fly
value of such
Atlanta cotton exposition and mcan to avatiof ih
Whatever investment of time and trouble and
money they make in their contribution to-the
exposition will be made, not without view to
ultimate benefit to themselves but mainly
ontof that sentiment of Philadelphia pride which
Is an active force whenever appealed to for any
worthy object. This city will more than fill her
quota for space at Atlanta; and in doing so she
will be weaving a web of friendly relations
between herself and the solid businessmen of the
south that will be of incalculable advantage to
both, io the future. Philadelphia’shnstnena men
suffered severely at the hands of the couth, during
and after the war, by the repudiation of millions
loss**, by the establishment of new business
relations over a sound and friendly basis. There
is every reason why Philadelphia should “fill her
quota” at Atlanta, for her own sake. And if,
incidentally, she prove to have beaten New York
ont of sight, it will be no disadvantage to her.
The Circular of Commissioner Fon
taine.
Mr. Francis Fontaine, the commissioner
of immigration for Georgia—who bv the
way has not “thrown up his positib
disgust,” although the action of the slate
legislature waa enough to make him do eo,
and led us to believe that he had done so—
has issued the following circular to\he
farmers of Georgia.
Mr. Fontaine has already done more^for
the cause of immigration than any other
man could or would have done with'the
encouragement he has had, but if he gets
thia scheme in operation he will have
done a greater work than ever
for the state. Nothing is snrertban that the
labor question is going to be a very serion
one in this section before many years have
gone by, and Mr. Fontaine here offers an
experiment that may solve it.
One of the most essential things, is to
f irovide a suitable bouse for receiving these
mmigrants when they come. This can be
done only by the railroad companies in
terested and they should do it at once. In
the north and west the leading lines even
have eating houses along the route at which
the immigrants can get food that suits
them. There is nothing that would give
more confidence to the people, or teed more
oertaiuly to bring immigrants than the
building of a suitable house at Atlanta for
the reception of the immigrants, and getting
some suitable man to stay there and manage
Atlanta, Ga. . April 26.—At this reason yon
will doubtless find it profitable to employ addi
tional laborers. I am enabled to state that If
farmers in this state will employ h one neighbor
hood a sufficient number of white laborers to give
a congenial companionship, and will board
a in their houses, or provide them with food
lodging that will be satisfactory, paying fair
it is probable that as n any as may be
needed ran be supplied. A charge of five dollars
dollar registration fee. Female domestic servants
are not included. It is hoped and believed that
the public will appreciate the difficulties attend
ing my position, aud realize that the
undertaking is one far from pleasant.
With speed of electricity.
Condensing centuries to dajs.
For sooner now than then shall see the rays
Of Truth’s impartial beams upon the deeds
Of that gigantic strife that sowed the seed*
From which hath sprang this new America
Whose denser air we breathe with every breath
we draw!
Yes, these who sleep around ns gave their all
For the Lost Cause; and the resulting good
Exhaled into the skits, in showers may fall
Like rains delated, and by a mighty flood
Sweep down abuses and harsh tendencies
That might obtenre fair freedom’s glorious ikies,
-rhea onr gigantic ancestors did fling
Onr orb-republic on Its planet course,
heir master hands safe equipoise did bring
To frame wise checks and balances of foice.
Well knowing power centriretal might draw
Toward despotism’s dread centralizing ran.
Or. otherwise, wild segregations law
Centrifugal, might tee harsh rain won.
*n our brief century have we not beheld
Onr grand iepnbbc larch that side, then thi
>- let us trust conservatism of (fid
Its glorious potency shall never miss.
And that war, peace, good, ill and all,
Powers centralizing and centrifugal.
Shall counterbalance in our history.
So that, through all the ages vet to be,
Onr proud republic still shall stand
A beacon bright to every land.
Refuge of freedom for the oppressed.
Where liberty’s pure fires shall bum,
Ard justice yield to all oppressed
The sacred rights tor which men yearn!
And to onr dearer right in higher spheres.
Bpruug God like force seme woe to ward away.
Some potency which, at the proper day.
Shall show its git ties wmIi- to the world
By compa*atd good, ortifto rain hurled!
O, patriotic dead, from reeds thus sown—
O, patriots brave, whose dost this day
We deck with flowers, your grand renown
May be obecured, bnt ne'er shall pas* away!
Your honored dost a synonym shall be
With martyred^Mualflceto see our glorious
And those who honor not your purpose high.
Or seek your gallant daring to decry.
Because of partisan malignity.
Have in their hearts but small rapacity,
The heroes of their own victorious ranre
To honor with a fitting, jnst applause!
The gallant Polk, whose life-blood stained the
On yonder mountain, stood before that God,
Before whom, speedily, McPherson, brave.
Did also stand; and can one moment’s doubt
Exist that He who searches motives out.
And metes oat justice with pure wisdom's
Found 3 In ttwflife of each inch golden tn
Of noble purpose and integrity
That each enjoys the bliss the righteous gain o
succeed here. If sncceofal, several thousand ra
be fpeedlly fnrui-Jied; if unsuccessful. It will b.
difficult to inaugurate k> comprehensive a scheme
again. It la very Important that good whra
bread be supplied them.for they know nothing o
bread, and will not take kindly to it It is
, - itialtbat they should receive good diet and
lodging until they ran. learn our language a* d
pioride for I hem 6elves. A few months will ac
complish this and, after that, it la confidently
believed they will either buy land or work at the
ca njw paid to our excellent negro la-
Ay agents in Europe, together with the
faculties offered and dcrcribed by the following
telegram, will injure success if the effort is sus
tained by the people. It is proper to state that I
have been to correspondence with Colonel Pope
on this subject for some time:
’’Nxw Yoax, April 23.1881—Francis Fontaine
Commissioner, Atlanta, Ga.: Can good white
farm laborers be used to your section with fair
wages, comfortable accommod.tiona and good
treatment? lean obtain dally, through our
'—*— *—* * lie,
land arrangements. Please inquire aino< g your
'-inner* and answer p * ~— “
The press of the sta
> copy this circular.
Respectfully. Feancis Fontaine.
Still In Favor of Ragging.
New York Evening Post
The account of the Iowa girl who is said to
are been hugged to death by her lover has
caused “quite a sensation” among the younr la
dies of Westfield, New York, who recenti* held ■
meeting to devise ways and means to
resolutions:
Resolved, That, notwithstanding said report,
we are still to favor of hogging. We prefer to ran
all risks of death rather than have the beautiful,
lovely, delghtful, perfectly elegant custom
Lewiston, 111., April 2a—About two
years ago George B. You ti groan, of Louis
ville, Kentucky, won and wedded a young
and beautiful girl named Clara Peufield,
daughter of a respectable widow residing
about two miles from tins city. Youngman
at that time was engaged ss a traveling
talesman for a Louisville bouse, and. after
paying the most marked attention to the
object of bis affection for a short time
was married to her in a very
private manner. After a few
weeks spent at the home of Mrs. Penfield,
Youngman resumed his position on
the road, leaving his yonng wife at home
until the summer season was over, when he
intended to move to Kentucky aud go to
housekeeping in Louisville. After a few
mouths Youngman returned to this place
and paid his wife a short visit, telling her
upon leaving that they had better delay
moving to Louisville until a more favorable
opportunity. That visit proved the lastone
made by Youngman to his wife, and from
Louisville he changed his residence to 1
Chicrgo, where it seems be fraudulently
obtained a divorce from his young and
beautiful wife.
From Chicago he drifted east, and for
some time traveled for a wholesale New
York notion house, and for a long time no
one living here were able to receive any t
tidings of his whereabouts. His wife, aoouf
after coming to Chicago, lost her mother,
who bud been in ill health for some months,
her death, however, being rather unexpect
ed. Youngman’s wife was taken sick while
in Chicago, and at the same hotel there
boarded a middle aged gentleman, who,
ascertaining that she was destitute, kindly
offered to assist her until her health was
fully restored. After recovering the world
looked dark and drearv to the forsaken wife.
She left Chicago, ana for a time resided
with some distant relatives at Ann Arbor,
Mich. From that place she went to Detroit,
where she obtained a situation in a leading
law firm of that city as copyist; but in spite
of her success in securing honest employ
ment, the poor discarded wife was bowed
down with grief. There was a pang gnaw
ing at her heart which would soon consume
her very life.
One morning the Detroit papers announc
ed the suicide of the young, unhappy girl,
who died at her own hands, having taken
a fatal drug during the night at her board
ing heuae. Her remains were quietly bu
ried iu Detroit by some kind fi tends, who
in life lean ed to love the pcor, discarded
wife, but who never knew tne real cause of
all her sorrows.
Nothing was hefird of Youngman until
last week, when word reached here that he
had committed suicide at Wayland, Conn.,
at which place he had been for several
weeks preceding his self-destruction. He
had lost his situation through neglect of
business and dissipated habits. Stung with
remorse at the untimely fate of bis young
wife, and his mind crazed with the inhuman
deeds of his own life, he plson) a revolver
to his brains, which act closed the last
chapter in his unhappy romance.
THE BANK QUESTION.
The Supreme C’snrt Nustalns the
State’s Priority.
[Chief Justice Jackson oeiug disqualified,
Judge Crisp was drsign&ted by the gov
ernor to preside in his place ]
Seay el al. vs. The Bank of Rome et al.
Injunction, from Floyd.
Crisp, JnAmm
On the „ w _
epvprnor ol this stqje. tender and by virtu^
of the act of the general assembly, ap
proved October loth, 1879, appointed the
Bank of Rome, a corporation doing busi
ness in the city of Rome, in this state, a
depository. On the I5th day of November
thereafter said corporation made and ex
ecuted the bond required by law. Daring
the year 1880 the treasurer of this state de
posited in said bank of the funds cf the
state the sum of $25,500 80, and the tax
collectors of the various counties designated
by the governor deposited with said bank
large amounts of ihe taxes collected by
them. On the 25tb day of March, 1881,
the Bank of Rome suspended, and assigned
all of its property, real and personal, notes,
accounts, money and choses in action to
John H. Reynolds, of the county of
Floyd, for the benefit of ita creditors
“pro rata, or in.full, if there should be
enough to pay in full, with no other prefer
ence than is or may be allowed by law.”
There is in the deed of assignment
a recital that the bank is "justly indebted
to various parties in sundry considerable
.'-urns and has become unable to pay and
discharge the same with punctuality or in
full. On the 30th day of March, 1881.
plaintiffs in error, depositors in said bank,
tiled their bill in Floyd superior court
against the bank of Rome et al, charging
among other things that the Hon. D. N.
Speer, treasurer of this state, the state
being a large creditor of the bank, was
claiming & first lien on all the assets of said
bank and was attempting to seize and take
possession of the same; that
insolvent and conld not pay
centa on the dollar of its indebtecness. The
prayer is for the appointment of a receiver
to lake charge of t .
and collect the assets and to administer the
estate for the benefit of all the creditors
under the assignment and the direction of
the court, that all parties having claims
against the bank aud all parties indebted to
the bank might be made parties to the bill
and interplead the one with the other.
There is also a prayer for
an injunction to restrain and enjoin all
(tersons whomsoever from interfering
or meddling with the assets of raid bank in
any way, except under order of tbe court.
This bill was presented to tbe chancellor,
who granted a rule to show cause, return
able on the9th day of April, 1881, aud also
a temporary restraining order. The Bank
of Rome, at the date of the assignment, h&d
received and not accounted for, of the
state’s funds tbe sum of $53,015 73. On the
1st day of April, 1881, the governor of this
state, against tbe Bank of Rome and ita
securities on the bond hereinbefore men
tioned, issued a writ of fiere facias for the
full amount of said bond—fifty thousand
dollars—which fieri facias was on the 2d day
of April, 188L by tbe sheriff of the county
< f Floyd, levied upon the real estate and
fixtures of said hank, (neither the governor
nor sheriff had knowledge of tbe restraining
order of the chancellor and no point was
made on that ground). To this bill the
Rome Bank and the assignee made answer.
The Bank answered that the assignment
was made in good faith for tbe benefit of
its creditors without preference and sub
mits the distribution of the assets, and
settlement of priorities to tbe court under
tbe assignment and through tbe assignee.
Tbe assigneeauswered.fcdnjiit ing tbe assign
ment and bis acceptance, says he Las been
notified of tbe state’s claim ot priority, asks
that the sheriff and attorney general may
be made parties in behalf ot tho state, and
that all parties, having claims against said
bank may be required to interplead, and
rattle their respective rights, and that he
naturally snggeatrd by the caption, to-.it,
il ?. daura and prescribing its
Q *’ 5n -- « 12 . 62 «•-.
By tho terms of Ihe act meat-
ing ^ deptisitories, banks accepting the
appointmentjire required to give bond and
aeourity, to be approved by the gover
nor. in the turn of fitly' thousand
dollars, conditioned for the faith
ful performance of such duties
as. shall be required of them, and for a
faithful account cf ail money or effects
belonging to the state that may come into
their hands during their continuance in
office, and it is further provided that raid
bond?, when given, * hall have the came
binding force and effect as the bond now
required by law to be given by state treasu-
rer. and ra case of default, shall be enforced
in like manner. In order to find what is
the “binding force and effect” of the bond
given by these depositories, and how, in
case of default, the rights of the state can
be enforced against them on said bonds,
we must look to the law in regard to the
bonds of state treasurers. By the 3d section
of an act of the general assembly approved
February 25tb, 1876, entitled “an act to
define the .obligations pertaining to-the
office of treasurer,” it is provided that the
treasurer shall give bond with good secu
rity, etc., and “that the property of tho
securities, to the amount for which they
may be severally bound, shall he liable for
tbe faithful performance by t he treasurer
of the duties of his office, from the execu
tion of the bond, and a view is
hereby created in favor of the
state, upon the property of the treasurer to
the amount ot tne bond, aud upon the
property of the securities, to the amount
or which they may be severally liable
from the date of the execution thereof.”
By the 14th section of said act, it is pro vidod
that in case of default "it shall not benec-
ea-ary to me tha official bond, but the gov
ernor is hereby authorized to issue a fi fa
instanicr against the treasurer aud his se
curities for the amount duo the state by
he treasurer.” It will thus be seen that
rom the day of the execution of the bond
by the bank, the state has had a lien upon
its property for the sum of fifty thousand
dollars to inforco that lien, under aud by
virtue of the act creating it; the governor
issued the fi fa against the bank of Rome,
and we think be had ample authority so to
do. Plaintiffs in error contended that the
state has no lien on the notes, accounts,
and choses in action of said bank because,
under one law, a judgment fixes no lien
on such property and no levy and
sale thereof can be. had at law.
The reply is that upon the
execution of the bend, the law gave the
state a lien upon a,; the property of the
bank; not upon s>uch property levy as a
I "'**ment would fix a lieu upou; not upon
property only as is subject to buy and
sell, but upon all the property of the nank.
Are not notes aud accounts property? Can
any reason be given why it is not compe^
tent for the legislature to give a lien upon
notes and accounts as well as upon any
other propertv? Now, the fi. fa. issued by
the governor has been levied by the sheriff
of Floyd county upon such of the property
of the bauk as was subject to levy and
seizure under that process. He has not
levied upon the choses in action, because
the law will not permit him to do so, but
does the state lose tbe lieu established by
law simply because it cannot be enforced at
law? The assets of this bank are legal
assets—18 Ga, 108. They are in the posses
sion of a court of equity—placed there by
tlieactof complainant; why not enforce the
lien there? Equity is not antagonistic
to, it follows the law, and we
see no reason why a court of equity
will not collect their legal assets of the
bank and distribute the fund, recognizing
and enforcing the liens and priorities estab
lished by contract and by law. By virtue
of said bond the state obtained a lien on the
property of the bauk for the sum of fifty
thousand dollars. The execution issued
thereon by the governor may be levied
upon, and proceed against any of the prop
erty of defendants that is subject to levy
and sale by that character of process, and
the entire assets of raid bank in the hands
of the assignee or receiver being legal assets,
upon which the slate has a lien, a court of
equity in the distribution thereof will
recognize the lien of the state. From
whatever source^the fund isjderived, it is the
property of the bank, and upon that prop
erty the law has fixed the lien of the state.
The assignment does not affect the rights of
the state. “The assignee of a voluntary
assignment for the benefit of creditors
stands in no better situation than the
the assignor. Neither he nor
the creditors whom he represents
are purchasers fora valuable consideration
without notice, as against prior equitable
liens, 37 Ga, 619, and author
ities there cited. That a corporation char
tered by the general assembly that has not
been dissolved either by judgment of
forfeiture, or by a surrender of its franchises
accepted by the legislature, may make an
creditors, seems
17, commit -ed tuJcide at tier
swallowing a tea-
*n enraged to be
spoonful of strychnine.
married to William Moca, son of Captain Mess, of
Stockton, and the ceremony was to be peiformed
to three weeks Yesterday the van Tidied by her
lover, to company with a mutual friend. Mias
Metcalf, who is about her own age. Mia* William*
noticed that Mo** waa very attentive to the yoong
lady visitor, and her jealousy was aroused.
Noticing this, Mia* Metcalf rallied her. declaring
*he had captured her lover. The exasperated
girl went into an adjoining room, took strychnine
and then returned, telling her guests who: she
had done. Antidotes were at once administered,
but without avail, and she died to three hour*.
Aa aoon as she expired Maas drew a revolver and
Newspaper Enterprise.
Monroe Advertiser.
Earl Beacon*Held dUd at five o’clock oo Tues
day rooming, April 19th. The Atlanta Constx
tction printed at half past one o’clock oo the
tog. three and a half hoars before the
hour of his
sat Tb*
account
had toll particulars of the
that had tbe notice
reading public cannot doubt one thing, that The
Cosstitction will print ail the news of the day,
that money and industry can obtain.
alto attaches an itemized list
ties of said bank, ar.d a statement of its
a&setA Tbe indebtedness of the bauk ex
clusive of capital stock is $165,462 19, of
this amount there is due the state
$53,015.75, other depositors $28 27234;
depositors on certificate $17,496 23,
tbe nominal asrats are $200,000. At
tbe bearing on tbe 9tb of April, the com-
p'ainants amended tbeir bill in several par
ticular?, not necesrary to be mentioned here.
After argument the chancellor refused the
injunction sought, and held that the state
was entitled torn prior lien over all other
creditors of the bonk, for tbe whole amount
of the debt due the state by said bank, on
all ita propety, both real and
personal. To this decision the com
plainants filed their bill cf exceptions, and
we are wked to review that judgment.
Counsel for plaintiff in error insist that
tlieactof October 16 1879, creating state
depositories is unconstitutional, became, as
as tiiey allege, the caption of the act con
tains more than one subject matter, and
the body of the act contains matter differ*,
ent from the caption. We recognize the
fact that if this criticism were well taken,
we would be forced, under tbe mandate of
the corstilotion itself, to declare the a c
▼aid, but we fail to perceive that the act
does contain more than one anbjec matter,
to-wit, tbe creation of state depositories, or
that the matter io the body of tbe
act is at all different from what i
S mentin trust for all its
ve been settled by this court, 37
, OIL For myself, I doubt
tho propriety of that ruling, and were
that an open question I am inclined to the
inion that a bank, a chartered corpora-
>n cannot make an assignment until it
has surrendered its charter, and such sur
render has been accepted by the state. This
court, however, having held otherwise in
37 Ga., and that ruling having been recog
nized in 56 Ga, 251 and 59 Ga, 270, it is
now binding on the court. The assignee
takes the assets subject to the preference
and priorities that the law gives. Code 1498.
The next and last question we shall con
sider is as to the right of the state to priority
of payment out of the estate of &u insol
vent, aside from the bond, or for the excess
of the claim of the state above the amount
of the bond.
“The sovereign right of the state to pri
ority of payment out of the effects of an
insolvent is based upon the common law,
and was adopted by the act of 1784, which
introduces into the jurisprudence of Geor-
~~ “ 'tole body of the common law not
nt with our new* frame of govern
ment, and subject of course to legislative
modification. It is a wholesome right, and
as such should receive the sanction and ap
probation of the courts.”—18 Ga. 66.
‘•This right of priority is not inconsistent
with the principles or spirit of our institu
tions, but is necessary for the protection of
the public revenue, so as to enable the gov
ernment to accomplish the end of its insti
tution.”—Ibid.
‘‘This privilege does not embarrass
the debtor. He may alien or encumber his
estate, or use it in any way, which his
intermit or convenience may dictate. It
merely regulates the rights of creditors,
placing the state upon higher ground than
private creditors, and as the government is
established for the good of the whole, and
can only be supported by means of its
revenue; ought not this to be protected for
the benefit of the whole.”—Ibid.
“The fi fa in favor of Dickson was an
older lien than thefifa in favor of the state
and would have been entitled to the
money if this had been a contest between
two individual But in a contest between
the state and an individual we hold that
she takes precedence without regard to the
date of tbe lien. 8 0*. 479; 11 Ga, 364 ; 37
Ga, 240;” 38 Ga, 171.
The foregoing decisions of our court
seem to be conclusive of the question.
It baa been the well-settled ruie in Georgia
from the organization of its government as
an idepennent sovereign state, down to the
present time, that deb:s due her have pri
ority in the distribution of the estate of an
insolvent over debts due private individ
uals. We question not the truth of the
statement ot counral for plaintiff in error,
that the enforcement of this rule, in thia
case, will seriously and injuriously effect
some of the depositors and creditors of this
bank, but we are in nowise responsible for
that. We must enforce the law as we find
it. The judicial department of the govern
ment has no power to relieve persons who
suffer legally. The act of the general as
sembly creating depositories did not com
pel the Bank of Rome to accept the ap
pointment, nor did it compel other persons
to make or keep deposits therein.
When the bank accepted the appointment
of depo8itozy, all other persons whomsoever
knew, or by reference to the law of the
land, as contained in our statute books,
and expounded by this court, might have
known, that for any sum due the state by
raid bank, the stale was entitled to priority
of payment over private depositora. With
this knowledge, they perm it tea their
money to remain on deposit in said bank,
and now that the bank has failed, they
must be content to “reap the fruit of the
tree they planted.
Judgment affirmed.
D. 8. Printup; J. Branham for plaintiffs
in error.
Clifford Anderson attorney general.
Dabney & Fouche; C. M. Fealherston; C.
Rowell, for defendanta
Aa the principal questions involved in
this case were also involved in the care of
the Citizens’ Bank, counsel in that case
asked to be beard, and upon leave being
grant, Messrs, L. E. Bleckley, John L. Hop
kins, and 2. D. Harrison, appeared for the
general creditors, and Mr. R. J. Mores ap
peared with the attorney general for the
state.
CAXixxu* N. Y., April 26—A few da j* ago
there dleJ at Contwallvltie, Greene county.
HarrienHftcboock, a maiden lady, with no com
panion but a young nephew. Although she was
confined to her bed several week*, the would not
consent to have medical aid summoned. Sup-
postog that she waa an object of charity, her
neighbor* gave her food, aud furnished nurses
when she became too rick to help herself. After
her death $2,0-0 to bonk notes and some 9600 in
specie waa discovered hidden away in her
dwell to*; alfco one hundred dromes, many of
them valuable: forty thawla, rix sets of stiver
tpoon*. several valuable carpets, five
mirror*, eight rocking chairs, seven cupboard*,
lour feather beds end a targe quantity
of bedding, several cook and parlor stoves, hand
some oil painting* and other article*. Stove wood
waa secreted under the carpet*, and jirs of
butter acd lard put away, which were rancid
and unfit for use. It U a mystery to her nelgh-
boro bow Mim Hitchcock accumulated her poo-
sraftm*. Two nephews are her sole heirs.
Atlanta’s PI nek and Niicccam.
Sparta hhmaellte.
^iSKSX.”33i t *gsS*»*w!;
llNDISTINCT PRINT
