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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (March 24, 1869)
glr| | ' | t "' / ' / ' *zs3o&. OLD SERIES, VOL. LXXVI. (Chronicle & ientincl. AOOL'HTA, OA : WKDNKBDAT WWimiilM 21. Columbia & August a Railroad.— We publish this morning the reply of Col. Wm. Johnston, President of the Columbia & Augusta Railroad, to the inquiries of Col. Richard Yeadon. Tub Clothing Bisinbks. —Passing in front of the store of Mr, John Kenny yes terday, our attentjon was attracted by the extensive stock which he is now introdu cing to the public of this section. Mr. Kenny, after an absence of some weeks in New York, has returned home. A glance into his spacious apartments will cod vioce the reader that he has a hoe stock of clothing, and a superior assortment of Spring and Summer clothing, which he is prepared to inane up in the most approved style. lie is also prepared to supt-ly the trade with men’s and boys’ furnishing goods. We recommend Mr. K. to our country readers. He buys the best of goods, and has but one price for his customers. The Uai-axy.—W’e have received from the publishers the last (March) number of this sterling monthly magazine. Its table of contents is, a , is usually the case, varied and attractive and furnishes something to pease every species of literary taste. We give it as follows : “Put Yourself in his Place,” thC three opening chapters of the news tory by the favorite novelist, Charles Reade ; “NewY'ork Journalists,” a series 1 of sketches by Eugene Benson—this one of I U. W. Curtis, the Editor of Harper * j Weekly; “Is Being Don;,'’ a chapter of “Woods and their Uses,” \ij Richard Grant White; “Susan Fielding,” three eiiapters of the novel of this name written by M rs. Edwards, the authoress of “Archie I Loved,” “Steven Lawrence, Yeoman,” etc. ; “Women as Voters,” an interesting paper on one of the great topics of the day, by Juiia Ward Howe; “To My Guardian Angel,” a poem by Mary E. Atkinson; “The English Postivists,” by Justin McCarty ; “Will Murder Out," by Edward Crupsey ; “Carlotta,” by John S. C. Abbott; “Tea and its Adultera tions,” by John C. Draper, M. D. ; “Among Our Great Farmers,” by Charles Wyllis Elliot; “The Telegram,” by Sarah E. Henshaw ; the “Galaxy Miscellany,” etc. In a supplement to the number is contained Mrs. Austin’s story, “Cipher,” which will lie completed next month. The Galaxy is published by Sheldon & I Cos., 498 and 500 Broadway, New York [ city. Subscription $4 per unuurn, in ad- j vance. Disappearance op the U. S. Mar shal.—A few days since we published the rumored disappearance of the United States Marshal, from Atlanta, and that no one had been able to discover his where abouts. On Saturday the Atlanta papers, who have hitherto been most mysteriously hilent on the subject, in their account of the proceedings of the United States District Court in that city, say that the United States Attorney officially announced to J udge Erksine the absence of the Marshal, and requested that -ome one be appointed to take his placo temporarily. This the latter refused to do, as the Deputy Mar shal was present, and the business of the Court could proceed as usual; hut the U. S. Attorney was ordered to communicate the intelligence lo Attorney General Hoar as soon as possible. The Marshal has beou missing now nearly a week, and no one knows what has become of him. We learn that betweon fifty and sixty thousand dol lars, belo ging to other parties, was in his possession just before his mysterious dis appearance. Arrest op Parties Implicated in the Hamburg Appair—Bome time since we published the particulars of an affray in Hamburg, in which Mr. Kennedy, the Marshal of Edgefield county, was danger ously wounded. On Sunday the first ar rest was made of parties who are supposed to have been implicated iu the affair. On the afternoon of the same day, an United States Marshal from Columbia came id town on the passenger train aud arrested three gentlemen on a warrant issued by Governor Scott, of South Carolina, charg ing them with the assassination of Marshal Kennedy. The partios arrested wore Messrs. Henry li y, Robert Sharpton and Robert Kerneghan. The young man J. Henry Keyes, wlto shot Kennedy, wus not arrested, as he was absent from the city at the time, but his name was included in the warrant, and his father told the officer that he need not give himself any trouble about the matter, as his sou would sur render himself as soon as he knew ho was wanted. The prisoners were taken to Columbia, where the case will undergo an investigation. Battle op the Fertilizers.—The Macon Telegraph of Saturday contained the following good hit on the proceedings ol tho Board of Health of Augusta with regard to the “Guano war,” as published in the Chronicle Sentinel of a pre vious date : Tho Guano men of Augusta were up be fore the Board of Health on Wednesday, on complaint of nuisance. Their immense deposits of fertilizers “schmelt bat”—gave the ladies headaches and made them ner vous. Thereon ensued a learned debate ufcon the question whether the odor of guano wus deleterious to health, and if so, wheth er some guanos were not entitled to a bad distinction over others in that particular. On this point, Orohiih, Sea-Fowl and Soluble Pacific pitched into Peruvian strongly. Peruvian retorted severely, and gave Chesapeake, Phosphate and Baker's Island fits. In the strifVof tongues, Fish Guano set up a crow, but was unanimously coughed down as a stinking rascal. The whole Rawbone Superphosphate family, as numerous as the \\ ashburnes. finding themselves unnoticed in the fray, began tochuckle,but were told by Poudrette to hush up for a s t of humbugs and im posters. Upon this, Wando wanted to know where Poudrette came from, that he should lift i up his head in respectable company. Flour of Rawbone, with a slight cough and holding his nose the while, said he presumed, of all the company present, he ; alone could plead guiltless of any offence to the nostrils. 1 am. continued he, almost a pure white, and but here, by a dexter ous back handed stroke. Plaster of Paris knocked him flat. A pretty son of rotten hones and marrow are you, said he, to bo boasting of the purity of your origin. Look at me—b rn of pure gypsum and white as flour,, and And of no account, except to look at, in terjected Lime, very emphatically. You, j one and all, continued Lime (iu an ex ceedingly acrimonious manner), will at tempt in vain to dear yourselves of a foetid and miserable stench. ’ You never can do without my help. Upon this. c>\? Peruvian rapped furious ly with his gav . *nd called the beiliger- i ents to order. You all stink more or less, said he, and I reckon the measure of your j stench is the measure of your merits—at least, that is the eornmoQ idea. There upon it was determined to recommend to the City Council to regulate the storage of fertilisers, and the meeting adjourned af ter a stormy session. Horse Thief Shot.—A negro horse thief was shot and severely wounded on Saturday night while attempting to es cape from his captors. A reward was offered tor his apprehension sometime since and on Sunday night two men. one of whom, we learn, was J. H. Keyes, the man who shot Kennedy soma time since, effected his arrest in, or near, Hamburg. While taking him along the railroad he got away jrom them and rau down the railroad. One of the parties fired at him with a pistol as he ran and brought him down, the ball taking effect in his shoulder. This effectually stopped the thief s running and L« was taken into custody. The Harrenton Tragedies. The recent double tragedy at Warrenton demands something more than a mere j passing notice. The whole country will be ; shocked by the news that in broad day -1 light a peaceful citizen is waylaid and shot in a public street without notice or warn iDg, merely because he had written and printed something derogatory to the character of the slayer, ana that the slayer was himself, in turn, swiftly destroyed by a mob. That this cold-blooded and most brutal murder should have incensed the public— that great excitement should prevail—that the immediate friends and relatives of the murdered man should have clamored for revenge—was to be expected. Under ordi nary circumstances reason would, after the first ebullition of passion and horror sub sided, have resumed her sway and thecalm and better judgment of the leading citizens controlled the fiery ardor of all the ex tremists. Confident that an honest court, with a Warren county jury, would patient ly, fairly and honestly investigate the hor rible transaction and pronounce a just and righteous judgment, public opinion would have been content to let the law take its course. W hy this was not done it becomes us now to inquire. In the outset of this inquiry we will be met witli tho plea that the late war, pro tracted as it was for four long years, and on both sides with unwonted tenaci ty and zoal, so deranged the foundations of society as to cause a marked and visible slackening of the general obligations which are, in a normal period, imposed on every member of the community. The familiari ty with death in its most fearful forms and all tho horrible details of almost endless scenes of carnage blunted the susceptibili ties of the people and destroyed tho respect for law which had for years previously so conspicuously marked the character of our society. That the fearful decline in public and private virtue in both sections of the country is due, in a large measure,to these causes, we shall not attempt to deny. But while wc admit these facts we cannot fail, at the same time, to declare our belief that a great deal of rascality and law-breaking has been attributed to these causes which owed ibeir origin to the depravity and lawlessness of the individual offenders. That the war closed upon a condition of society in the South reckless, domineering, and, in many respects,despotic and lawless, all will admit. That it was no worse was tho wonder and admiration of those good men among us who still regarded to the fullest extent their obligations to society. The subsequent course o*f the Federal Gov ernment and the swarm of officials, civil and military, who were sent among us ap parently to complete the work of destruc tion in our moral structure which the war had so foarfully developed, destroyed tho last lingering regard for law and order which throbbed the popular lioart. The indiscrimate and open thieving car ried on by the officers, employees and re tainers of the Federal Government, ne cessarily tended to lessen the ancient re gard entertained by our people for the rights of others Cheating, swindling, thieving and robbery became, to some ex tent, fashionable vices, and in all those sections of the South, contiguous to Fed eral posts, swindling and stealing soon came to bo regarded, by not a few, more as an accomplishment titan as a crime. The administration, or, rather, the pre tended administration of the criminal laws by the military tribunals established throughout the South, soon taught our people to regard the system as one where passion and prejudice were made to take the place of law and evidence, and where the personal malignity of the court found vent in the judgments which justice alone should have dictated. It was too notoriously true that the decision of these tribunals could invariably be anticipated in advance, by ascertaining the political character or color of the accused and the accuser. If the accused were a white man and, what was then contemptuously termed a rebel, and tho prosecutor a negro—it made little difference what the charge was or how slight the evidence to support it—a cou vietiou was absolutely certain. On the other hand, if the accused were a negro or, better still, a loil white, he was equally certain of an acquittal. It was judgment of their so-called Courts which|broke down the last tottoring fragments of respect for the “due course of law.” Our people saw that it was not crime that these courts desired to punish, but that their object was to iucrease the mortification and humiliation of the South ern people. The character of tho officials selected to enforce reconstruction in this State offered no improvement upon the former condi tion of affairs. In almost every instance, these officials were governed more by their political associations than by legal obliga tion, and, consequently, it soon became the very general belief that the vindL-ation of the law in the punishment of crime de pended more on the politics of the accused than the law and evidence of the oaso. This feeliug of insecurity for life or prop erty—growing out of the political charac ter of our courts is passing, and, in many portions of the State, has entirely passed away. In this portion of the State,at least, and oertainly in the Northern Circuit,there can be no reason to doubt that the law will be fully, fairly and fearlessly adminis- | tered, independent of the least political or partisan ties or prejudice. That the act of Dr. Darden, in waylay- j ing and assassinating Mr. Wallace, was an atrocious, cold-blooded and diabolical ; deed, none will attempt to deny. That his ] conduct is not softened by a single allevia ting circumstance, is also admitted. That it was a high crime against society, and deserved the severest punishment, there can be no doubt. That his appeal to force, and the oowardiy manner in which he acted, should have greatly incensed the popular mind is but natural. But the pertinent injury is still beyond this. Ad mitting all these facts, and making all the proper allowances for excitable human nature, and the demoralization of the limes, do they justify or excuse the conduct of those who took such fearful retribution upon the murderer ? Viewing the ease alone in the interest of society, would it not have been far better that the assassin escaped entirely, than that the laws of the land, the obligations to society, the good name of the community, should have been so openly, defiantly and ruthlessly violated? We speak as a member of society and in the interest of society, and in our place as public journalists appeal to the people of the State to stand by the law. It is our only shield and protection. Break down the authority of the law, destroy respect for the constituted legal authorities and our situation will be even worse than it was in the darkest days of the recent mili tary tribunals. The good men of the land must frown upon any and all attempts made by outside combinations,by whatever name known, to take the administration of jus tice in their own hands. If our Courts fall below the high line of their duty in en forcing the criminal laws let public opinion be brought to bear upon them and their short-comings will be corrected. A sound public opinion is the great want of the times. If we oould get the ele ments of society up to the elevated stand ard of virtue which gave it such high character and influence before the war, these arbitrary and unlawful manifestations of popular prejudice would soon be ranked with the things that were. We appeal to the enlightened public sentiment of the State for such a disapproval of these dis orders as will effectually prevent a recur rence of such scenes in oar midst. We know that much might be said of the heinousne-g of Dr. Darden’s offence as a justification or palliation for his own terri ble and tragic end. We appreciate very fully ail the influences which were brought to bear upon ins slayers. We know that the blood of a friend and townsman cried aloud for an avenger, but we regret, beyond expression, that they did not permit the i law to become that avenger. In conclusion, we beg to again remind I our readers t! at for our safety we must stand by the Law. Public sentiment must be educated up to a proper appreciation of the majesty and power and safety of the i iaw when it is honestly and justly executed. I Good men everywhere throughout this • sunny land have grave responsibilities | resting upon them. To them the countiy | looks for an open, strong and convincing : influence in favor ofiaw, order, virtue and morality. Will they prove equal to the ■ demand? Time alone will prove ! Evidence Before the Reconstruc tion Committee. —We continue this morn ing our extracts from the testimony ad | duced before the Reconstruction Commit ' tee, in relation to the condition of affairs I in Georgia, by the publication of the an ! swer of Hon. H. F. Russell to the eireuiar of Hon. Nelson Tift. In it he says: “I ; have received your circular letter of the I ISth inst., addressed to the Judges of the I Superior Courts, Judges of the ; Court of Ordinary, and Mayors of cities in 1 the State of Georgia, stating that the pres ent condition of affairs in Georgia is being ; investigated before the Joint Committee on Reconstruction, ahd that certain parties j from L>eorgia, among them her present | Governor, were in Washington ‘with the ; avowed purpose of iuducing Congress to j destroy the present organized government of the State, and remand her people to military rule,’ and asking in this commu nication eight categorical questions, to which I reply as follows : To your first, I answer that, so far as my knowledge and information extends, the laws of Georgia are faithfully and impartially administered; as much so as in any State in the Union. To your second, I answer that I know of no organized or unorganized resistance to law—certainly none within our community or its immediate neighborhood. I am itr formed that organized bands of colored people, in the immediate vicinity of Sa vadnah, have assumed a menacing and hostile attitude, and are seriously disturb ing the public peace. I suppose you will learn something of the facts in re gard to this from other and better informed sources than myself, as doubtless Congress will desire to be informed in relation to the whole matter and refer it to a com mittee with power to send for persons and papers. To your third, I answer that the officers of the law were never more faithful to their duties. Years before the war I could not have said truthfully so much. There now seems to be a morbid desire on the part of the officials to enforce the law, rt gardiess of the position or condition of the violator. To your fourth, I answer that the treatment by white people of their former slaves, is known to all men—kind ness and confidence are the universal rule —there may be individual exceptions, but I cannot say that a single one comes under my personal or official knowledge. We were reared among these people; played with them in our childhood; are fond of them ; we know that they are generally affectionate and docile, but totally unfit for self-government. We desire their true happiness; we ask for all their rights under the law, and that they shall occupy the position most conducive to their indi vidual happiness, the happiness of their families and their race. They are on- | titled to, and have eheeriully accorded to them, equal protection of person and prop erty white man, be he a citizen of Georgia or of any other State. This we would demand from them,if we could,from all sections of the Union. May it not be a question with Congress, whether it ought not, in accordance with its policy toward the South, to provide that this race shall also scramble with the citizens of Maine, of Massachusetts, New York, or Ohio, at the ballot-box ; sit with them in the jury-box; be eligible to the office of President or Vice President; to a seat in the Senate or the Hall of the House of Representatives ? In this connection I take leave to add that I do not know a man in Georgia who desires the re-es tablishment of slavery. To your fifth, I answer that our people never inquire what a man’s political opinions are except in contests for offiee ; then men are arrayed against each other here, as I read they are elsewhere. Each candidate has his politi cal opinions and each, of course, his partisans. I suppose the object of this question is to ascertain what the feelings of our people are in relation to a class of people who have appeared among us, ap parently from the ends of the earth, and call themselves Republicans. I have, myself, seen some of these, who, with difficulty, could make themselves understood in expressing a single sentence in our language: I know one, a State Sena tor, who may have been useful and good in Fatherland as a citizen, but whose eleva tion to the offiee he now occupies by the votes of plantation negroes, is not, I sup pose, kindly regarded by the white people whom he misrepresents. I do not think it would be so regarded in either Pennsyl vania or Ohio. To your sixth, I answer that the Northern man, visiting Georgia, is mat with a kindly welcome. We have unimproved lands to sell or rent, and cor dially receive the honest, industrious stranger. Our earnest desire is to have them come among us and help us to develop our resources. But we do not wish people to come seeking office through the ignorance and excitability of the colored people. To your seventh I answer that the people of Georgia, with one voice, say let us have a restoration of peace, prosperity and frater nal feeling. To your eighth I answer that, : judging from the experience of the last three years, my opinion, whether there is any necessity or justification for the pro posed destruction of the present govern ment of Georgia and the establishment of 1 a provisional or military government, would I be of but little weight and command but i slight attention. If I thought that it would I would simply say, let us alone. Horrible Outrage in Newton County.—From information received from a private source, we are enabled to give the particulars of a most horrible crime re cently committed in Newton county. On last Saturday night about ten o'clock .Mrs. (we suppress the name), a widow lady, who, with three small children, re sided near Conyers, in Newton county, was sitting in her house entirely alone, as regards grown persons, when she was startled by a loud rapping at the door. She immediately went to see who the late visitor oould be, but took the precaution to inquire first the name and errand. A negro man from without replied that it was William Smith, and he wished t*enter in order to get a tight for his pipe. Nat urally suspicious the lady refused to admit him, but handed him a light through the window. As soon as he had received it the negro went off, and Mrs. , dosing the blinds, returned to the fire-side. A few minutes afterward she was frightened by hearing a tremendous rattling at the window which she had just shut. Rush ing to see what was the matter, she was accosted by the same negro who had been there previously, and who told her that if she did not open the door instant ly he would break in and murder her. Terrified she acceded to this, demand and a negro, armed with a double-barreled shot gun, entered and closed the door behind him. As won AUGUSTA, GA., WEDNESDAY MORNING, MARCH 24, 1869. as he had made it fast, gun in hand, be approached Mrs and told her that if she did not yield to his wishes she should suffer instant death. Too remote from the nearest neighbor to attract attention by her screams, aud having every reason to believe that the monster would carry his threat iDto execution, the poor woman yielded and the negro accomplished his purpose and departed. On Sunday morn ing—the morning following—she revealed the facts of the case to her friends and a few hours later the negro was arrested by the officers while in attendance at Church in Conyers. That night he was brought down on the cars to Covington and lodged in jail at the latter place, where he will remain until the affair can undergo a judi- j cial investigation. Greeley on the Georgia Legislature. Fur the benefit of those members of the Legislature who voted for the ratifica tion of Article 'XV, we print below the oomments of Horace Greeley, the high priest of Radicalism, upon their a :tion. We congratulate members that they have succeeded in extorting from Horace the acknowledgement that they “have voted once in the right direction. ’ ’ Then, a<ain, how encouraging to the Democratic members is his declaration that “there is hope even for Georgia !” As compliments of one sort or the other have been so profusely voted by this august body during the present session, would it not be well to give a vote of ttianks to Greeley and the compliments also of “a seat on the floor of the House?” “The State of Georgia is blessed with a ‘Government’-—such as it is—whose per formances have an aspect of perpetual verdure. Not long ago it used negro members to elect United States Senators and then kicked the negroes out at At lanta before the Senators had been admit ted at Washington. Now it makes haste to ratify the Fifteenth Constitutional Amendment, extending negro suffrage over the United States, by the votes of the very members who expelled the ne - groes from their own body for the reason (as Gen. Grant was yesterday informed by a communicative Georgia “delegation”) that, having been forced to accept negro suffrage themselves, they meant to cram it also down the throats of the blessed Yan kees ! Doubtless they look upon this as also a brilliant stroke of strategy in the prosecution of their campaign for recogni tion. Whether their Senators get io or not, however, on the strength of it, they have the novel satisfaction of having voted once in the right direction. There is hope, even for Georgia! Meanwhile, South Carolina and Maine united yesterday in ratifying the Amendment.” The XVth Amendment In the West. The Legislature of Minnesota, largely Radical in both branches, has refused to act upon the proposed Fifteenth Ar ticle of the Constitution of the United States at this session, and the leading Republican press of the State commends “its decency in refraining from intermed ling” with the question at all. The Cincinnati Gazette, the ablest of Western Radical journals, is decidedly op posed to its ratification, and calls it a “botch,” which “will not stand popular discussion.” The Gazette also predicts that “a Legislature cannot be chosen in Ohio which would adopt it.” In Indiana the Democratic members of the Legislature resigned in order to defeat its ratification by leaving that body with out a quorum. Governor Baker (Repub lican), has issued writs for an election to fill these vacancies, and all the members are again candidates, with the avowed determination, if elected, to resign again, if necessary, to prevent its adoption. What a striking contrast to our own Legislature does the action of these • West ern Republican States present ? Where is now the boasted political integrity of Georgia Democratic legislators ? How it Works. The Chicago Post (Rep.) is not pleased with the position and action of its party on the tariff question. It is constantly reminding Western readers of the great benefits the Tariff confers on eastern interests to the palpable injury of the West. Even the duty on “chalk” does Dot escape its notice- It says the tariff on chalk is only 847 per cent. There are four owners of chalk deposits in the United States —all in Massachusetts. The cost of English chalk is sl.lß per ton. The duty on it, when brought to this country, is $lO per ton. The amount of chalk annually used is small; but the leg islation by which it, among other things, is entitled to what is named “Protection to American Industry,” is what Mr. Lincoln used to call a “big thing.” OUR WASHINGTON CORRESPONDENCE. SPECIAL CORRESPONDENCE OP TIIE CHRONICLE S. SENTINEL Washington, March 11. The long agony—and it was an agony — is over, and now, after we have had A. T. Stewart, a free trader, nominated by President Grant for the Treasury Depart ment, we have Geo. 8. Boutwell, a pro tectionist. The former the President want ed badly, but he was ineligible under the law, and . e was forced to take the latter. All Massachusetts, as represented here, is overjoyed at the result. It was more than the representatives of that State had dared hope lor ; but the cup is full and they are preparing to taste the sweets. At present there are two representatives from Massachusetts in the Cabinet, Hoar, At torney General, and Boutwell, Secretary of the Treasury. The former will probably be made to stand aside ; but who can say that such an act will be just or courteous. The appointment of Boutwell puts Grant in good favor with the Radicals again. They had uttered suppressed cursing to their heart’s content when the original programme was announced, but they are now appeased. The Treasury Department was ail that they desired, for j there the great patronage rested. The Senate has adjourned over until ' Friday. There is no disposition now to j push matters. The House is likewise en ! joying a recess, and in the meanwhile the members of both branches are invading the Executive Mansion and the Executive Departments by fifties every day, looking after the public patronage. They are de termined to have sole possession of the public plunder, or whatever there is of it to obtain. Congress will probably remain in session about six weeks —that, at least, is the im pression here, but if general legislation comaienoes, there is a choice of a four months session., Again the opportunities, for a row between the President ar and Con gress is not altogether wanting. The Tenure-of-Office Bill will not be repealed, however much Grant desires it, and al though the Radicals have/orced Grant to give one of their politicians the best office, and the one possessing the greatest influence under the Government, they will endeavor to make him and to have him yield further to their behests, and then a row commences. J. C. [COMMUNICATED.] Important to Fruit-Growers. New York, March 6,1869. Editors Chronicle <& Sentinel I beg to call your attention to the fact the Charleston steamers are preparing “Rut ler’s Patent Transportation Box” for the forwarding of early fruits and vegetables from Charleston by eaeh steamer. I en close Mr. Rutle.’s circular of his patent. If this is what the inventor claims it will be worth tens of thousands of dollars to the fruit and vegetable growers of South Carolina and Georgia. Having a large fruit farm at Aiken, S- C., I have been somewhat interested in the success of any process that will bring the early products of that beautiful portion of our country here in good order. I think it would greatly benefit many of the farmers and planters of South Carolina and Georgia if they could be advised in time of the new shipping facilities for fruit and vegetables. The steamers Champion, James Adger, Charleston and Manhattan will be ready in a few days, with Ruder's Patent Crate or Box. I presume that the Agents in Charleston, Messrs. Adger & Cos., will be able to post producers and shippers with all details. I should be glad if this note 'to you would be in any way instrumental to benefit those of your readers interested in the products referred to. Yours, truly, 1 J. C. Derby, 'COLUMBIA aUGUSTAR. R. REPLJ OF COLONEL WM. JOHNSTON, President ,ot ttie Columbia & Augusta Railroad. f TO THE » Inquiries of Cat. Richard Yeadon at the Meeting of 3tockh»ldera of the South Carolina Railroad. Col. Richard. Yeadon : Sir —At the recent Convention of the Stockholders of the South Carolina Rail road Company, held in Charleston, some statements are reported to have been made in reply to certain inquiries pro pounded by you, which are calculated to produce erroneous impressions in regard to my action and to the course and policy of the Columbia & Augusta Railroad Com pany. Although much averse to appear ing in this manner before the public, official duty requires that I should place in a proper Sight the course and action of the company I represent. I trust you will ex cuse the liberty I take iu addressing this communication to you. The following is the report, taken from the Charleston News, of the inquiries made by you: “Col. Richard Yeadon then arose and said that he wished to be informed in re gard to an important point in the affairs of the compauy, upon which the report of the President and Directors of the Railroad was entirely silent. Without intending to find any fault with the directors he felt compeiied to inquire what was the con dition of things between the South Caro lina Railroad Company and. the Columbia & Augusta Railroad Company, between which companies there has been much liti- gation. “There were many rumors afloat, and he would like to know the facts of the case. The South Carolina Raiiroad Company had been defeated, he believed,- in most of the steps which had been taken in the courts. He heard from one of the counsel of the Columbia & Augusta Railroad Com pany that two offers had been made to the South Carolina Railroad Company by the Columbia & Augusta Railroad Company for the use of the track of the South Caro lina Raiload between Graniteviile and Augusta. One proposal was to give the - South Carolina Railroad a pro rata share of the receipts of the Columbia & Augusta Railroad between Columbia and Augusta. The other was to give the South Carolina Railroad Company SIOO,OOO for the use of their track to Augusta. Both propositions, he understood, had been rejected. If it was a settled matter that the Columbia & Augusta Railroad were to be permitted to build a separate track, it was certainly to the advantage of the South Carolina Railroad Company to accept one of these propositions. If there were good reasons why both these propositions should have been refused, he would like to know them.” Mr. Magratb, in repiy, referred the Con vention to the company’s Solicitor tor in formation in regard to the litigation, but it does not appear that any such information aa* furnished. As to the other part of your inquiry he is reported to have said : * * * * * * “As to the propositions which were said to have been made, he wished to speak pointedly and plainly. He denied most emphatically that either one or the other had been made." In connection with this statement of Mr, Magrath I ask your attention to the fol lowing correspondence between him and myself on this subject: (copy a.) Charlotte & S. C. R. R. Cos., 1 Columbia, 29th Sept., 1868. J W. J. Magrath, Esq., President: Dear Sir : The Columbia & Augusta Road will be finished from Columbia to Graniteviile on or before the first of November next. To facilitate the trans poitation of both trade and travel over your road as well as litis, it would be de sirable to run the traits of the latter to Augusta over your track from G ranite ville and back to that pint. As an inducement tc such an arrange ment, the Columbia & Augusta Railroad Company offer to your Company three fifths ot all the receipts of freights and passengers over your road —your Company supplying thp wood *nd water uceessarj-- It is also further proposed that the Columbia & Augusta Railroad will make no competition with your road between these points, and that its tariff of rates shall be the same as yours while using your track. An early reply is invited. Very respectfully, (Signed) Wu. Johnston, President. [copy r] Charleston, 2d October, 1868. Win. Johnston, Presidnt. Dear Sir lam in receipt to-day of your letter of the 29 sh. I will lay it before the Executive Com mittee at its first session but I hardly think it will be favorably tonsidered if I may judge from their .unanimous dissent on the 30th ult., to the communication of Mr. Dorsey, proposing rates, etc. Very respectfully, (Signed) W. J. Magrath, President. [copy o.] Columbia, S. C., October 21st, 1868. IF. J. Magrath, Presideit of the South Carolina Railroad Company, Charles ton, South Carolina: Dear Sir : I wrote to you more than a fortnight since proposing certain terms for the use of the track of the South Carolina Railroad from Graniteviile to Augusta. In your acknowledgement of this letter you state that you do not believe the Executive Committee will accede to the terms pro pos?d. 1 The Columbia and Augusta Rail road Company will soon be running its trains to Graniteviile, and in its behalf I now offer to pay to the Carolina Railroad Company all rhe receipts of its trains between Graniteviile and Augusta, and vice versa, from freight and passengers for the use of its track between those points. The South Carolina Railroad Company furnishing the necessary wood and water. Very respectfully, (Signed) Wm. Johnston, President. In reference to these propositions Mr. Magrath is reported to have said: * * * * * “The President of the Columbia and Augusta Railroad had offered to give the South Carolina Railroad Company for the use of their track between Graniteville and Augusta, whatever the trains of tfie Columbia and Augusta Railroad Company might earn between Graniteville and Augusta. To this proposition it had been replied that the offer amounted to nothing, and that the Columbia and Augusta Rail road had never even offered a pro rata of the amount of earnings between Columbia and Augusta. ’ ’ W hat Mr. Magrath meant by this state ment it is difficult to conceive. That he should have misunderstood the import of the proposition is not to be supposed, for language cannot be more explicit than that in which it is expressed. For the use of the track of the South Carolina Railroad Company between Graniteville and Augus ta, the Columbia and Augusta Railroad Company proposed to pay over “ all the receipts of its trains between Graniteville and Augusta, and vice versa from freights and passengers. ” The proposition, in its very terms, included necessarily a pro rata on the through freights, and travel passing over the eleven miles of the South Caro lina Railroad between Graniteville and Augusta, whether the freights or passen gers came from Columbia or Augusta, from New York orNew Orleans. In truth the proposition involved more than what is ordinarily known as a pro rata. It involved a proposition to pay over not alone a proportion of the earnings repre sented by eleven miles of the entire line, but a proportion represented by that sec tion of the line on which the freights and travel will be the heaviest. Augusta is the largest commercial city with which the Columbia and Augusta Railroad is con nected, and for years past, more than three-fourths of the traffic and travel of that portion of the State, through wi.ich it passes, has sought that market. With the increased facilities of access it may be assumed that that city will continue to be the commercial mart of that section of the State, and that the eleven miles of the line next to Augasta will contribute by far the most profitable section of equal extent between Columbia and Augusta. Under my offer, therefore, not only would the South ■ Carolina Railroad Company have received their pro rata on all through business, but they would have received a pro rata on all local traffic and travel from and to Miles’ Mill, Pine Ho&se, Johnson and Ridge Spring Depots —a distance of more than half of the entire line. The offer was hot in terms expressed as a pro rata; it was in fact from 30 to 40 per cent, more than a pro rata ; and if the axiom in mathematics be true that “the greater in cludes the less,” the proposition cannot be construed otherwise than an offer to pay “a pro rata of the amount of earnings be tween Columbia and Augusta.” To say otherwise is to say that one is not offered $75, because the offer is SIOO 1 And yet this offer to pay over the entire earnings from freights and passengers over eleven miles of the line -equal, at the lowest esti mate, to one fifth of the entire earnings of the Company-this offer, Mr. Magrath says, “amounted to nothing 1” As to the reasonableness and sufficiency of this offer, you will allow me a further word : The usual terms where two Railroad Companies use _ the same track in the South —one furnishing and keeping tip the track, the other furnishing and keeping up the engines, cars and coaches—have been to divide the receipts or earnings, the track taking one-half and the trains the other half. The proposition of the Colum bia & Augusta Raiiroad Company was to furnish the engines, coaches and cars, and do the transportation, giving to the South Carolina Railroad Company for the use of their track all the receipts and earnings on the 11 miles of their track thus used, and yet the reply was, that the proposition was •too insignificant to be entertained ! I can not better illustrate the import of this reply than to suppose the case, that one should offer to work for you for nothiug. furnish ing his own rations, clothing, shelter and tools, and you should reply: “Your terms are unreasonable —you must do better than that!” But it is said by the Hon. G. A. Tren holm that these are not “liberal terms at. all.” He further says, “I told him (Mr. “Johnston) that his offer was equivalent to “taking away half of oar business, and “give us in return one-tenth of what ho “took away! ’ The objection to such a statement as this is, that it is mere sophis try; and that it should have been'made is somewhat remarkable, when one reflects that it came from a gentleman of high business character and intelligence, that it was addressed to a Convention of intelli gent stockholders, who were asking in formation on the subject, and that, too, by one whose participation in the actual administration of the affairs of the Com pany would havo well warranted him in saying "quorum magna pars fui /” When the proposition, to which he refers, was made, the Columbia and Augusta Rail road was nearly completed to Graniteviile; and the right of the Company to continue their construction to Augusta had been established iu law, and was no longer,.de nied. Tho proposition made on this state of facts, was to procure on terms the use of the track of the South Carolina Railroad, between Granitville and Augusta, for the trains of the Columbia & Augusta Rail road, instead of constructing a separate track. The question for the Soath Caroli na Railroad Company to consider—and, as it seems to me, the only question—was “whether is it better to farm out the par tial use of our track to the Columbia & Augusta Railroad Company, or by our re fusal, compel them to construct a separate and independent competing track.” It was a plain business proposition, one which has been solved by hundreds of other Railroad Companies similarly situated, and solved to the common interest of both Com panies. But instead ofso treating it, the reply is made: “Your Railroad from Co lumbia to Augusta will divert a large part of‘our business,’ and we cannot therefore entertain your proposition unless you pay us something equivalent to what we lose!” There might be reason in this, if the refu sal would defeat wholly the completion of the Columbia & Augusta Railroad to Au gusta. But did these gentlemen for a moment suppose that their refusal to treat would cause an abandonment of the enter prise? That the Columbia & Augusta Railroad Company would not or could not, in the face of such refusal, complete a separate track to Augusta ? Did they suppose that “our business” could be retained by such refusal—that the community and the business world would recognize such claim to “our busi ness” and refuse to employ the agency of the Columbia & Augusta Railroad when completed? 1 apprehend that the people of South Carolina and Georgia, to say nothing if the world beyond,are not aware that the South Carolina Railroad Com pany Las an absolute property in the transportation of passengers and freights. They do not recognize that any railroad has a lien upon their persons and property as against all other roads ; and, un fortunately for such oULu uu the part of the South Carolina Railroad Company, the Courts of the State had de cided that, however exclusive may be their right to conduct the transportation be tween Augusta and Charleston and be tween Columbia and Charleston, no such right exists or has ever existed as to the transportation between Columbia and Au gusta. In addition to the two propositions con tained in the communications of the 29th September and of the 21st October, the Columbia & Augusta Railroad Compauy have, within the last three years, submit ted as many as five or six other proposi tions through their President, their Chief Engineer and Directors, inviting negotia tions. Some of these overtures were in no manner noticed ; others were simply rejected ; and only in reply to the proposition of the 21st October was any reason assigned for its rejection, and that reason was simply that the offer was not sufficient Besides these several propositions, the Direction of the Columbia and Augusta Railroad Company appointed a special committee of Directors, consisting of Colonels Childs and Gibbs,and Foster Blodgett, Esq., then the Mayor of Augusta, to confer with a similar commit tee from the Directors ol tho South Caro lina Railroad Company, and negotiate terms of adjustment between the two com panies. This committee went to Charles ton and in an interview with a oommittee of the Direction of the South Carolina Railroad Company were told “that all these questions had been referred to the Courts and they would have to be there decided 1 ’ ’ After the decision by the Court of Errors, determining every question of right at issue between the two Companies, the Columbia and Augusta Railroad Company had rea son to suppose that all merely factious op position would be yielded, and that the de cision of the Court would be acquiesced iq. In July, 1868, however, whan the Road was about to reaoh Graaiteville, where its location required an entrance upon the lands of the South Carolina Railroad Com pany, a communication was addressed to Mr. Magrath by one of the Directors of the Columbia and Augusta Railroad Com pany asking him to unite in the selection of commissioners to assess the damages for the land require'd. In reply t hereto the following letter was received from Mr. Magrath; Charleston, S. 0., 25th July, 1868. Dear Sir In reply to your communi cation requesting that this Company should unite with the Columbia and Augusta Company in an application to a Judge for the appointment of a Cocqapasion, etc., I Leg to say, after a conference with mem bers o£ the Board, that we decline to cake any steps which, directly or indirectly , would involve an admission of the right of the Columbia and Augusta Company to build a railroad from Graniteville to Au gusta ; and that further, in any event, we regard our “Bight of Way” as a peculiar possession, and not the subject of con demnation and assessment. Vory respectfully, (Signed) W. J. Magrath, President. To J. G. Gibbes, Esq., Columbia, S. C. When it is borne in mind that “the right of the Columbia and Augusta Company to build a railroad from “Graniteville to Augusta,” was one of the points expressly made and expressly decided by the Court of Errors, the significance of this reply may be readily seen. This should have sufficed to dispel all hopes of negotiation, but the Columbia and Augusta Company were not in a condition to invite or fester antagonism. They were not a rich cor poration, bpt, on the contrary were strug gling with * pecuniary difficulties and em barrassments. Their credit abroad had been impaired by the litigation, and their interest was deeply involved in the ad justment of all matters of controversy in the most pleasant and mutually advanta geous manner. They, therefore, persisted in their efforts to treat; they were anx ious to avoid the expense of a separate track to Augusta ; their interest impelled them to desire the use of the South Caroli na Bailroad track ; they were interested in the economy of joint depots, of a common bridge across the Savannah ; their location from Graniteville to Hamburg was neces sarily upon the “right of way” of the South Carolina Railroad Company, for, according to the sworn statement of Mr. Magrath himself, that location wa3 “the only practicable location between those points”—all these matters impelled the Columbia and Augusta Railroad Company to desire an amicable arrangement; and to this end, they spared no effort. At no time, however, were they able to draw from the President of that Company any single proposition in reply to the many overtures made, or to ascertain from him that any proposition whatever would be enter tained ! This refusal to treat, or to invite or sug gest any proposition which might lead to a treaty, the Columbia & Augusta Railroad Company well knew resulted from the singular views entertained by Mr. Magrath j in regard to what he deemed the “exclus- I ive rights and franchises” of'his company, and not to the further idea that their j “right-of-way was a peculiar possession : and not the subject of condemnation and assessment. i hese views, singularly opposed as they were to the opinion of the highest judicial tribunal of the State, and to the opinions of eminent jurists in this country and in England, led to a denial of the very right of the Columbia & Augusta Railroad Company to construct their road; j to a denial of the authority of the charter ' granted in 1858 and amended in 1863 and 1866; to the contravening of the validity! of the Act ol 1868 prescribing the mode of! assessing damages for appropriations of right-of-way; and to the many and seem ingly interminable issues which have been thrown into the case. Some allusion to the history and course of the litigation will be excused. The con struction of flic Columbia & Augusta Railroad was commenced in 1863, and was continued until interrupted bv the i advance of the Federal army in Febru ary, 1865. Soon thereafter the work was resumed, and was continued without interruption until tho Spring of 1867. In April, 1867, the South Carolina Railroad Company, after having slept lor near four years over whart they assumed to be their rights ; after having quietiy watched the irrevocable expenditure by the Columbia & Augusta Railroad Company of nearly a million of dollars, filed a bill to enjoin the construction of the Railroad, on the ground that such a railroad was in dero gation of their chartered rights. This bill was twice argued bel'ore Chancellor Car roll, on two distinct motions, the one fat perpetual injunction, the other for injunc tion pendente life. Both applications were decided adversely to the prayer of the bill after able and thorough argument. The cause was then heard in December, 1867, before the Court of Errors, and the decree of the Chancellor on Circuit was sustained. In this first bill the right of the Columbia and Augusta Railroad Company to con nect Columbia and Augusta by railroad was denied ; their right to cross the track of the South Carohna Railroad near Co lumbia was denied; their right to connect Graniteviile and Hamburg was denied ; and their right to construct their railroad between Gran iteville and Hamburg, upon tho right of way of the South Carolina Railroad, was denied. In reference to the last named point, the fact was distinctly brought to the view of the Court, upon the affidavit of Mr. Magrath (and was not denied by the Columbia and Augusta Railroad Company), that the location of the Road from Gian iteville to Augusta was upon the right of way of the South Carolina Railroad, and within fifty feet or their maiu track, and that was the only praoticable location. These points, thus raised in the bill, were all adjudged adversely to the claim of the South Carolina Kailroad Company, and witlj them were adjudged every principle which is now involved in the lit igation. Only one new feature was presented by the fill filed in October, 1868, and that was as to the right of entry upon the lands of the South Carolina Kailroad Com pany without the previous compensa tion requir and by the constitution and act of 1868. The difficulties which met the Columbia and Augusta Kail road Company in reference to the pay ment of this compensation, was that every effort to that end was resisted by the South Carolina Railroad Company. Not only did they refuse to unite in the selection of Commissioners for that pur pose, but resisted every effort which was made to procure them to be appointed by the Court; first, before Judge Aldrich in October, 1863, and again before Judge Platt in October, 1868. Tbe application to Judge Platt has been, in the first instance, granted and an order issued for the empanneling of a Compensation Jury under the Act of 1868. But this order was afterward set aside on motion of the South Carolina Railroad Company, based upon the oath of Mr. Magrath that he had not refused per mission to enter since the passing of the Act of 1868! Notwithstanding the fact that, his action had been a persistent re fusal from begining to end ; notwithstand ing his communication of tliu 20tt> at July, "'“withstanding the fact that his motion to defeat the execution of the order was, in itself, a refusal, yet he made oath that he had not refused sinoe the Act of ’6B was j passed ; and as proof of such refusal was necessary in order to give the Judge juris diction, the motion to set aside the order was granted. Pending the renewal of the. motion, be fore Judge Platt, the second Hill for In junction was filed and a motion made be fore Mr. Justice Willard, to enjoin the prosecution of the work until the cause should be beard. This Bill, as I have already said, presented no new feature, ex cept as to the matter of previous compen sation. 4«d it is somewhat remarkable that, notwithstanding the persistent efforts of the South Carolina Kailroad Company to prevent the ascertaining and payment of compensation, the fact that compensation had not been ascertained and P a ’d was urged as an egiH/y entitling them to a temporary injunction , and on this ground and on this alone, a tem porary injunction _ was granted against entry upon their lands until such ! compensation should be first made- Every further effort to procure a jury was thereupon resisted, aud successfully resist ed for nearly two months ; and not until January, of tbe present year, when the compensation verdict was rendered and the amount deposited, were the Columbia & Augusta Railroad Company enabled to move a dissolution ot the injunction. Since then have followed motions in prohibition, motions to set aside the verdict, motions for anew jury, and every other sort of motion which the ingenuity of counsel Amid suggest—all of which have so far been determined adversely to the movers. In this wanton aud vexatious litigation can be found nothing less than a persist ent attempt, by every means which power, influence and money could command, to break down a feeble adversary, and ruin him by the mere process of exhaustion. It has not borne the features of an orderly appeal to the Courts for the vindication of rights. The friends of it havauoe scrupled to resort to newspaper appeals, pending the litigation. They have not hesitated to parade the litigation for other purposes of mischief, to scatter abroad copies of the ex parte arguments of their counsel, In order to cloud the prospect cf the enterprise; to destroy public confidence in its ultimate completion, and thus impair, if not wholly destroy those resources of credit upon which I had to rely. Perhaps I would not exceed the mark, were I to say that S iOO,- j 000 would not to-day repair the damages thus wantoqly caused to the Columbia & , Augusta Railroad Cos. Such an admission 1 may, perhaps, yield a peculiar pleasure to the movers of this litigation. It may gratify thom to know that even to that ex tent their effort has hjea successful. The public may not, however, be equally well content to know that the power and influ ence of a powe: ful and wealthy corporation have been thus used to defeat a struggling public enterprise, iand to prevent the de velopment and promotion of public interests in other directions, where so much of pros tration remains. The public may not be ! equally content to know that powers and j privileges conferred for the public welfare, j have been thus perverted to the sustaining 1 of a monopoly of that _ class, against 1 which the framers of many of our earlier Constitutions thought it proper to guard by the declaration that “exclu sive rights and monopolies were anti- ; republican, contrary to public policy aud not to be tolerated’ ’ —a principle, the wisdom. ■ of which is, to-day, more thoroughly im- ! pressed upon the public mind than at any former period of our country’s history. ; Nor can this plea avail that this litigation ' : has been thus urged for the vindication of | rights. With one who earnestly and iD good faith asserts and seeks to vindicate j : his rights, there is a pubiio sympathy which will always sustain him. But this differs ! much from the assertion of a merely pre tentious claim of right, for purposes of wanton vexation, and to annoy, embarrass ; and cripple anew and useful enterprise, j Such has been the character of their claims. The Courts of the State warrant me in say iDg that it rested upon the assumption of i exclusive rights and privileges which were , not granted by their charter. And from j the first inception of the litigation, the movers of it should have known that such ' was the groundless character _of fhia pre tence of right I have authority for saying i that in the year 1857 or 1858, after tbe project of a railroad from Columbia to Hamburg had assumed form and shape, ' the then President of the South Carolina Railroad Company, after consultation with his Board, referred the subject of the rights 1 of his company to able counsel, and after a j deliberate examination of tbe subject, the President was advised tha‘ his company : had not the legal right to resist the con struction of the projected Railroad. This advice the Court of Errors has since unani mously sustained. Mr. Trenholm was | then a member of tbe Board, and must | have forgotten this part of the history of j the South Carolina Railroad which comes to ime from its former President. Doubtless ; be remembered it when he subscribed to sone-fourth of the capital stock of the Co NEW SERIES, VOL. XXYUI. NO. 12 lumbia & Augusta Railroad to make a good investment of his Confederate money. In reply to the remarks of Col. Siebels in the Convention, Mr. Treuholm earnestly ; denounces “popularclamor,” and contends that the public have no right to complain of the policy and management of the South | Carolina liaiiroad, in view of the fact that ! “stockholders had not received one dollar of dividends since the close of the war." | A stockholder, as wed as the public, may fail to find in this fact au argument to sus- : tain the administration of the road. But ; this is a family quarrel in which I may not , properly participate, nor n, ed I to make a defence of “popular clamor,” the denunci ations of which furnished so much of the hotter of his speech and that of Mr. Courtenay. Public opinion is generally right and is able to defend itself, and I need only to add, that, in this instance, has been vindicated in the oourts ofiaw and equity, in every form and variety of suits and mo tions, injunctions and prohibitions. But Mr. Treuholm more particularly ( seeks to arraign me for my illiberal spirit in negotiation. “I have always been wil- I ling to meet hint,” says he, “on fair and : liberal terms. But he never came.” He j thereupon undertakes to repeat apropos- , itiou as coming from me, and giving it in quotation marks, as though in my very ■ words. I certainly made no suoh propos- ! itiou,. and used no such language. My friend is authorized to publish any ! and _ all letters I ever wrote to him in | relation to railroads. And in that connec tion, he can also publish his letter to me, wherein he proposed to break connection with the Wilmington and Manchester Raiiroad at Kingville, and give that through business to the Charlotte and South Carolina Railroad, provided the latter would direct its freights to Charles ton instead oi to Portsmouth, with my re ply thereto. To this correspondence he [ has thought it proper to refer in order to reflect upon my illiberal spirit. Further says Mr. Trenholtn : “We were willing to make money out of Mr. Johnston, but could not make a bar gain with him. We ha.: paid the City of Augusta $250,000 for the privilege of building our bridge across the Savannah River. We had built that bridge at a great expense, audit was incumbent upon s Johaston to pay us something corre sponding to the expense we had incurred. ” It is difficult to determine how to reply to such specious reasoning. Tt is difficult to believe that it falls from one whose judgment on business matters is ordinarily so accurate. Let us look at it. The esti mated cost of the Columbia and Augusta Railroad from Granitevilie to Augusta, including the bridge over the Savannah river, is short of $200,000. At any time the Columbia and Augusta Railroad Com pany would have been willing to savo one half of this expenditure by paying to the South Carolina Railroad Company SIOO,- 000, or even $120,000 for the use of their track. It was ample for the use of both Companies, and in all probability would continue so for twenty years to come. Readily, too. would the Columbia & Augusta Railroad Compauy have consented to pay for the use of the South Carolina Railroad track an annual sum equal to 7 per cent, on tho es timated cost of constructing a separate track ; and would have consented to refer the estimate to any competent engineer. Such terms as these would havo been much more advantageous to the Columbia and Augusta Railroad than the proposi tion to puy the entire receipts upon the eleven nules. But no proposition oi‘ this or any other character would be entertain ed, for the reason that this same idea pre sented by Mr. Trenholm has pervadod the minds of Mr. Magrath and some others associated in interest with him, to-wit: That because it has cost the South Caroli na Railroad Company a half million of dollars to construct their road from Gran iteville to Augusta, it was, therefore, “in cumbent upon Mr. Johnston to pay some thing corresponding to theexpense” “thus incurred for the privilege of using their track j That is to say, for the partial and restricted use of eleven miles of the South Carolina Railroad track, including their bridge, the Columbia and Augusta Rail road Company shall pay “something cor responding” to a half million of i 2 olla^i"l}en tra*lr ancP" enJSf-'M ! exclusive use, for loss than halt that | amount i uuH these were the “fair aud liberal terms” to which Mr. Johnston 1 “never came I” Admit that it has cost ! the South Carolina Railroad Company, as i alleged, $500,000 to conneot with Augusta —admit that the privilege is worth to that Company what they have paid for it —does i it follow that it is worth the same amount to the Columbia & Augusta Railroad Company? In wbat respeqt would the partial use of this track bo worth to them something corresponding to $500,000, | when they can build a separate track lor $200,000? Whether or not the South Carolina i Railroad Company have purchased and now own the exclusive right io cross the Savannah river into Augusta, is a matter whi«h rests between that Company and the city. The Columbia & Augusta Railroad Oo upany is bound by the city of Augusta to cross the river, and to conduct their road into the city; and more than six to one of her voters in 1866 voted for a subscrip tion of SIOO,OOO to the Columbia and Au gusta Railroad on this verv condition, Mr. Courtenay, in his speeoh to the Cocvention, is reported to have said : “A road is chartered from Columbia to Hamburg, tho route is a practicable one; for the reoords of the courts will prove that by competent witnesses, but for some ulterior reasons it diverges aud eomes tc Graniteviile, and when it gets there, the President of that Company makes a propo sition to the South Carolina Road to enter upon the free use of our road, bridges and privileges to Augusta for a consideration which really amounts to no consideration at all.” I suppose he meant to refer to the route from the Pine House to Hamburg. If so, in reference thereto I beg to say, that “the records ofthe Courts will show, by com petent witnesses” that, in the opinion lot two scientific engineers of high character, who surveyed the route referred to, it was found impracticable at any reason aide cost, and that without aDy “ulterior and - those engineers recommended the route via Graniteville. That point was not only on an air line from Columbia to Augusta, but was “on the most practicable route,” within the strict and literal mean ing ofthe charter ofthe Columbia & Au gusta Railroad Company. Instead, there fore, of casting about for the “ulterior design,” which directed the location by Graniteville, would it not be welt to in quire what earthly reason could exist for the avoiding of Graniteville. If a dozen other “practicable” routes eould have been found, was there any one more practicable ? To reach Hamburg through this »<ue valley of Horse Creek in which Graniteville is situated, the South Caro lina Railroad Company, in the location of their road, diverged widely from their direct line, making their track at loast fifteen miles longer between Charleston and Augusta than the old wagon road and twenty miles longer from Charleston to Columbia. The divergence of the Columbia tfc Augusta Railroad from the road usually travelled adds less than six miles to the distance be tween Columbia and Augusta, and it is how tbe atraightest road in the State of equal or greater longth, except the North eastern and the Wilmington & Manchester Railroads. One word more as to the “insignificant thousand or two” which I offered for the use of th: track of the South Carolina Railroad from Graniteville to Augusta. , The length of the South Carolina Railroad, with ail of its branches, is about 243 miles. Before the war its income was over $1,500,000 per annum. Since then it has averaged for the last three years over $1,300,000 ancual'y. This is over $5,300 i for every mile of track, including the ! Camden Branch of 38 miles, which is said to have been a charge upon the balance of the road—not paying its As to the Columbia & Augusta Railroad, it is , fair to assume that, after it shall have | developeu the country along its line and | have attracted, by reason of its shortened distance, much new freight and travel • that never would have passed over the j South Carolina Kailroad because of its more ’ circuitous route —it is fair to assume that j their per mile receipts will approximate ! the per mile receipts of the South Caro lina Railroad. If so, and estimating these receipts at, say, $5,000 per mile, the prop position made by me to Mr. Magrath for the use of eleven miles, would, if ac cepted, have yielded to the South Carolina Railroad an annual income of $55,000, or putting the per mile receipts at only $4,000, the offer was still better even than the one referred to by Mr. Courtenay, as having beetynaac by Col. Childs,(to-wit: $35,000) and which he refused to accept, unless up -1 on the further condition that the Columbia & Augusta Railroad would agree not to compete at Augusta for freights, but would leave them wholly to the South Carolina Railroad Company. That such propositions as those made by the Columbia & Augusta Railroad | Company should have been rejected by any corporation under similar circum- I stances, can only be explained by attribu* ting it to She delusive infatuation that the Columbia.and Augusta Railroad could not be built ■or could be stopped at pleasure, and herein lies the trutli of the explanation. The President of the South Carolina Railroad Company never realized until recently that the Columbia & Au gusta Railroad would be completed even to Graniteville,much less did he entertain the idea that it would or could in any short period reach Hamburg or Augusta. From the repeated offers made by me to treat for the use of his track from Graniteville to Augusta, he supposed that I could not ma .e the connection otherwise; and that he needed but to shut his eyes and close his ears to every proposition ! should ! make, and, as a matter of course, the i whole scheme must necessarily collapse! Hence his refusal to treat or “to take any i step which would directly or indirectly involve an admission of the right of the | Columbia and Augusta Company to build I a railroad from Graniteville to Augusta.’’ | In the meantime, whilst he thus slept in ! fancied security, the work of construction has gone on ; and now having become awakened, he finds a separate track to Augusta nearly completed, and his oppor tunity for a good bargain irrevocably lost. In this extremity he again raises the clamor of “charter rights ! privileges ! ! exclusive franchises !!” forgetting that 'he changes had been already rung before the courts on all of these words and phrases, and that they were found but as “sounding brass !” This much, Sir, I have felt compelled to state, from a sense of official duty, in vindication of the course, policy and i>- tereste of the Company 1 represent. W.u. Johnston, President. I FROM Ol'U TRAVELLING I’OKRfiSPOMK EJiT. On the Wing, February 12, 1869. The Spring term of the Greene County ' Superior Court convened on the 9th inst.. Judge Robinson presiding. Among the waiting gentlemen ot the liar present were Colonels Jordan, of Sparta, Loftin, of Montioello, McDaniel, ofMonroe, Reece, Foster, and Billups, of Madison. To the. credit of the county, bo it said, that there were ho criminal cases on docket, and the business of the Court was confined almost exclusively to the adjustment of old claims upon the principles of equity, as provided by a recent act of the Legislature. On the first day the work of scaling was car ried on to an extent which, I think, ex cited furor in the popular mind as to result in quite are action iu subsequent eases. 1 Presume most of the people are willing to have old claims adjusted upon principles of equity, but that all favor should be shown the debtor class, to the ruin of the cred itor, is no part of justice. Perhaps there was just as much in the character of the jury as there was in the nature of the claim submitted to them, and it would be well for plaintiffs to note the fact, as 1 learn in several cases, with different pan nels, entire satisfaction. was given to the creditor. We have too much confidence in the in telligence and honor of our people, to be lieve that they will degrade themselves, and the courts of the country, by indis criminate partiality and injustice in the disposition of this class of legal business. Let us save our coyntry from shame, the world s contempt, and the judgments oi* Heaven, by advocating and supporting the principles of equity and justice. Though divested of the most oi their property it is to bo hoped our people will maiutain their honor. During my sojourn in Greene, I wfcnt out andspont a night with Proses-or Saufbrd of Mercer University, at Penfield. I was pleased to learn that this institution was in a far more healthy and prosperous condition than at any time since the war. All the professorships are filled by gentlemen who, for experience and ability, cannot bo excelled in the State. Some of ibe brightest lights in Southern theology, literature, and science have gone out from this institution, and W£ age. I am under many obligations to that polite and courteous gentle man, Professor Sanford, for his kind invitation to the hospitalities of the village, and espeoially to be present on their commencement occasion, which I expect to do by the help of Providence. I have much to say ofthe advantages of this institution, for health and the highest or der of moral and intellectual training, at some future time. Greene is one of tbe banner counties in Georgia for sobriety, and intelligence, for fine looking men and pretty girls—the lat ter, by the way, are not to be caught every time, nor is it their fault, as the sad ex perience of a young man will testify. It seems that he courted a young lady, and obtained her consent to become his lawiuF nd wedded wife, but on application to her parents she was refused him, which of course, was a source of great disappoint ment.) and trouble to him. A few days after this mortifying refusal, he received a very polite note purporting to have come from the object of his dearest love, stating that she was willing to be his now, aud for ever, and to mee» her on a certain night, at a certain place, and they would be joined in holy wedlock. He was perfectly thrilled with joy at this intelligence, pro coied his license and the services of the Magistrate, and was promptly at the place at the time appointed. Several young men appeared with, apparently, a lady dressed in bridal apparel, with a vod over her l'aoe, and the solemn ceremony was duly performed. The bride and bride groom got in the buggy and left for his home. On the way he was full of loving and subduing expressions, such as darling, sugar, bone\, etc., offering to kiss her, but with conscious timidity was slightly repulsed, but he did not mind that, he was the victor of an inestimable gain, and his joy was full. But lo! when lie arrived home, and the light shined forth upon features and form, he saw that he had man-ied a young man instead of a lady. What a terrible flutteration and tumbling ot joys and hopes! He returned his license to the Ordinary, and asked him to take them and give him hi» money back, which,l believe, was done. Whether he will ever succeed in getting tbe one he thought he bad, or not, I can not tell. In my travels I met up with an old gen tleman, drumming for anew hotel, said that “if the people did not patrohize the proprietor he would have to quit tbe busi ness; in fact, he was almost run aground anyhow,” The support of the'institutions of the country devolves upon the people, and I hope this one, at least, will receive from them more liberal consideration. 1 think, or at least I hope, there is a re action going on among the people upon ; the subject of cotton planting; and the ; belief is that far less will be planted than was contemplated a few weeks ago. It !is thought the corn crop will share ; mere liberally of the abundance of fertil ! izers in the country than was intended. This is a wise decision, and faithfully carried out, is the hope of the farming in terest A contented and happy people is an in ducement to emigration, and stimulus to ad the vital energies of the_ country de pends upon our success in raising abundant supplies. Traveller. Gov. English, of Connecticut, has pro claimed a fast for the 26th inst. | The lady elected on the school committee i in Braintree refuses to serve. Steaks fried in pomatum were served to j the electors at Bradford, England, recently. One and a quarter miles in five minutes was recently made by a velocipedist in j France. I lowa roads are said to be so bad that I birds cannot fly over them. \ An American ex-Brigadier General of I Volunteers is giving drawing lessons in- Heidelberg. Madame Rossini is said to be ill, and it i is thought 6he will not long survive her husband. Anew umbrella is patented. Though of gingham it is water-proof, and it is im possible for the stoutest gale to turn it. Anew dramatic idea in Paris is a lecture, critical and explanatory, preceding } the performance of a tragedy. ! Three bachelors in an lowa town played j a novel game of cards the other day. The loser was to marry during the year, or support the other two bachelors for the following year. A Philadelphia lady informed her coun try cousin that “opera bouffe” was French for "musical beef.' ’ He was afterward heard inquiring in a store of “Gants’ gloves.” Bomebody, who keeps the record, says that this is the year when the seventeen year locusts are to arrive ; but he thinks that they will not prove a good crop. . John F. Miller, dentist, formerly of New York, was found dead near Paris, Tennes see, on Monday, having died of; debility and exposure. A Pari* journal last month treated it* subscriber* to a frea conoart,
