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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,
