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OLD SERIES—VOL. LXXIX.
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WEDNESDAY FEBBUAItY 28.
HKt.MIT* ANT.
The allusion ma<le by the President
of the Democratic State Convention of
Connecticut, during the late session of
that body, to the name of Judge Trum
bull as a possible candidate of the
Democracy for President, was received
with iapturous applause. This would
seem to indicate that the Connecticut
Democrats have determined to defeat
Grant, even though success can only be
obtained bv the support of a moderate
Republican.
AFRICAN MMIRATION.
Every train of cars, says the Memphis
Appeal , brings negroes to the West and
South, and tlieir destination is the low
country of the Mississippi and Arkansas.
The emigration »fa large number of ne
groes from Toledo and other points in
the West to Arkansas and the South
west, is noticed by our Western ex
changes.
The colored population curiously
gravitate towards the black lands—the
cotton, sugar aiul lice fields. They
abandon Virginia, North Carolina, Ten
nessee and Kentucky and migrate to- j
wards the sun, to localities in which
their race may be socially and politi
cally dominant. Natural laws will final
ly annul those of Congress, the spirit
and purpose of all of which are em
bodied in Sumner’s civil rights hill.
By processes which Congressional leg
islation can never control the segre
gation of races is effected. There is ;
tlie basis of a sound philosophy in the
proposition of the Mississippi Con
gressional ourpot-bagger, who dreamed
vaguely of the creation by law of an
other Africa in America.
ONE BY ONE THEY I .VLL.
The h art of the patriot and Christian
is made sad by the oft-recurring an
nouncement of the death of one of those
grand old gentlemen whose lives and
character so briliantly illumined Geor
gia’s history during the first half the
present century. I’erliaps no period of
the world’s history has been so marked
in tin' production of great and good
men, and no locality so favored as this
good old commonwealth of ours. These
Georgia gentlemen of the “olden time”!
are fast passing away ; within a short
period we have chronicled the death of
our great Chief Justice Lumpkin, whose
big heart and boundless benevolence j
made his name a household word j
throughout the State ; following close 1
after, fell suddenly in New York, Geor- j
gin’s favorite son, Cobb, the patriot, !
the statesman ami the jurist; and
then was announced the death of
the eloquent and erudite Nesbit— {
lie whose silvery-tongued eloquence !
had charmed Senates and held |
spell-hound the stern majesty of courts—
whose pure life and Christian character ,
won the love and admiration of all our
people; and now we, in pain and sorrow,
add to this honored but mournful list
the name of Col. John Billups, who
died suddenly, at his residence in
Athens, on Monday last.
Col. Billups was a true type of that
class, now fast passing away, whom we
fondly style “gentlemen of the olden
time ” —gentlemen of courtly manners,
fine accomplishments, stern integrity, i
pure patriotism, and the very soul of
honor. In addition, Col. B. was a man
of marked ability and learning, and was
often called by his fellow-citizens to offices
of high trust and honor. He represented
his county, Clark, in the Legislature,
and was made at one time President of
the State Senate ; and although it was
during a period of high political feeling,
never an unkind word or thought was
spoken or entertained against him by
any of the members of the opposite
party. All acknowledged his ability and
impartiality, and honored him for his
firm but affable and polite rule.
If there was any one virtue which pre
dominated in the character of this most
worthy gentleman, it was his love of
truth ami justice, tempered with a char
ity as wide as the weakness and follies of
human nature. He was incapable of
entertaining an unjust or an unworthy
thought. In all his prolonged and va
ried dealings with his fellow men he
acted upon the theory that man is not
so bad as he appears to be, and that
truth is more poten. than falsehood;
and lienee lie lays himself down to rest,
after a long and useful life, without
leaving an unkind thought in the breast
of any who survive him.
THE ltK FORM MOVEMENT.
Senator Fenton has presented to the |
Semite of the United States a petition
from the business men of New York,
numbering over one thousand signa
tures, which includes four hundred and ;
fifty names of the leading firms in that
city—each as Brown Brothers .V Cos., A.
H. Low A- Cos., Schultz, Southwiek A
Cos., Jay, Cooke A Cos., E. D. Morgan
A Cos.. S. I>. Chittenden A Cos., Ball,
Black A Cos., Tiffany A Cos.. J. H. Van
Nostrand A Cos., and others of like
character and standing.
This petition asks foi an immediate
and thorough reform in the administra
tion i>f public affairs hv the Government
officials, particularizing three points :
"First, appointments to and removals
from public offices, both of which the
petitioners claim should be made solely
with reference to capability, efficiency
and honesty in ease of appointments,
and the want of thiiu in ease of re
movals : second, the salaries of public
officers, which the pet itioners aver should
be commensurate with the quality of the
men required and the duties to be per
formed, while perquisites and moities
should be abolished, as demoralizing to
the service, corrupting to public ser
vants, and pernicious to the business
community ; and third, the seizure and
examination of private books and papers
in revenue cases, which the petitioners
state are now made in a manner subver
sive of private rights and unworthy of a
free country. ”
Similar petitions have been presented
from Boston, Philadelphia, Baltimore,
Cincinnati, Chicago, St. Louis, Rich
mond, and very many other of the lead
ing cities and towns throughout the
country.
This protest against tyranny and cor
ruption in the Administration, and the
plundering revenue system, which shields
and sustains tyrannical exactions and
corrupt practices, is a pointed rebuke to !
Radical political brokers and ballot
gamblers.
What action will the Republican Sen
ate take ? What response will President
Grant and his political allies in Congress
make to this demand for reform, pre
ferred by the business men of the
country ?
AKERMAN TO THE RESC UE.
From our Atlanta exchanges we leam
that, as a counter irritant to the prose
cutions for robbery of the State Road,
Akerman proposes to begin a series of
wholesale arrests for violations of the
Civil Rights bill. This step is taken to
induce the committee investigating the
State Road frauds to hold up in their
vindication of the law of the State, so
that the saiths ul may not be any longer
held up to public condemnation and ul
timate legal punishment.
This is a trick worthy of the source
from which it eminates, but we are great
ly mistaken as to the character of the
gentlemen engaged in the State Road
investigation if it produces the least ef
fect upon tlieir future conduct.
WEEKS RELIEF UNDER THE CIVIL
RIGHTS BILL.
The tender of bond in the case' of Mr.
Hoyt will, we understand, be withdrawn ;
and that his case, and others of a similar
character, will be transferedtothe United
States Court, under the provisions of
the Civil Rights Bill.
We clip the above paragraph from the ;
Atlanta Era , of Sunday lust. Surely 1
the Civil Rights Bill is an India rubber !
machine if it can be made a dover and
an escape for such thieves as Hoyt and
his partners in the State Road robberies.
We are somewhat curious to learn uu- ;
der what provision of that iniquitous !
measure such cases as this of Hoyt ean j
he sustained, and will watch with much i
interest the further progress of this new j
movement.
ALBANY AND BRUNSWICK RAIL
ROAD.
Col. John D. Rumph, Master in
Chancery, appointed to investigate and
report upon the financial affairs of the
above road, makes the following exhibit,
which we find in the Seaport Appeal :
Number of claims filed, 494; aggregate
amount of claims filed, $3,383,225.18 ;
amount of claims, adjudged satisfactori
ly established, $423,369.28 ; amount of
lien and < tlier claims in execution,
with costs, as charged, included,
$107,278.10; amount of lien and other
claims in execution adjudged satisfac
torily established, with legal costs es
lished, $98,381.34; amount of labor liens,
other than liens, judgments, <&c., ad
judged legally and justly due, $13,141.39;
amount of lien and other claims in ex
ecution, with costs, as charged, and
other labor claims as presented, $122,-
849.47 ; amount of approved lien and
other claims in execution, with estimated
legal cost, with other labor claims, ap- :
proved, $111,522.73.
This road received from the State
eight thousand straight gold bonds per
mile, besides the State endorsement of
fifteen thousand dollars gold for each
mile. The gross amount received from
the State for the construction of the
road is over four millions gold, yet we
find the company in debt $3,383,225.
Truly, H. 1. Kimball was a great developer
of Georgia’s resources.
PETITIONS FOR PARDON—MANLY
PARI) FROM COL. LOFTON.
We were very much surprised, some i
days since, at a statement made by Mr.
Speer, member of Congress from this
State, in his place in tlie House of Rep
resentatives, to the effect that all the !
gentlemen whose names appeared in his
bill for the removal of political disabil
ities had made written application for
pardon. We say were surprised, be
cause we recognized among tlie number
reported to have sought this special par
don the names of some gentlemen whom, :
wo could not believe, would have made :
such a request. It now appears that
Mr. Speer was in error in stating that
all of them had made such petition, j
The following card from Col. Lofton, j
which we clip from the Telegraph and
Messenger, shows that he has made no i
such humiliating request. We trust
that there are others on the list who 1
have been in like manner misrepre
sented ;
Editors Telegraph and Messenger :
I have just read, with no little sur
prise, a communication from Washing
ton City to the Atlanta Constitution, in
which my name appears in a list of
highly respectable Georgians, who are
reported as having “petitioned,’’through
Mr. Speer, Representative of the Fourth
1 Congressional District, for the removal i
of their political disabilities. Allow me !
|to state that I have never applied
tlirough Mr. Speer, or any other person, j
to be relieved of my disabilities, nor lias j
any one else done so by my authority or
with my knowledge.
W. A. Lofton.
Macon, February 5, 1872.
WH AT .MANUFACTURES DO FOR
A CITY.
Lewiston and Auburn, Maine, are now
practically one city, separated only by i
the Androscoggin river, which is the
source of tlieir combined prosperity. The
two cities are now more than ever inti
mately connected by a fine aud perma
nent bridge, 6(H) feet in length, com
pleted December, 1871, at a cost of about
$50,000, with two spacious sidewalks
and a broad driveway paved with the j
Nicolson pavement. The common in- j
terests and essential unity of the two j
cities, render of import the following
1 combined statistics, which apply to
January, 187'-! :
Combined population, Lewiston and ,
Auburn, twenty-two years ago,
date of improvement of water
power 8,060 !
Do. January*, 1872 23,000 j
Increase of population in twenty-two
years 14,940 i
Combined manufacturing capital.
Lewiston and Auburn $9,000,000 j
Corporate capital employed in manu
facturing $0,050,000
Private capital employed in manufac
turing $2,950,000 i
Number of manufacturing corpora
tions 19
Number of private manufacturing en
torpnsos OS j
Number o f manufactimng enterprises
of all kinds 87 i
Number of females employed in
manufacturing in both cities 4.394
Number of males do 4.081 ;
Combined annual labor pav roll, both
! cities $3,000,000 |
Annual manufacturing disbursements
of all kinds. Lewiston and Auburn. $3,624,000 j
Annual value of manufactures of
both cities .$14,071,000 j
! Total improved water power, both
cities 8,666 b. jk
Water power in two cities now used.. 4.860
Improved water power in two cities.
not employed 3.800 h. p. I
Total improved and unimproved
water power in two cities 15,176 h.p-
Water power still unused 10.310 "
Bv storing water in lakes, water
power of two cities can be carried
to 18,000 h.p. 1
Number steam horses power used in
L. and A. (not including heating”). 526 :
Cost per day of 526 steam h. p sll9 1
Cost (ier day of 526 water horses
power (according to cost in L. and
A.) about $7
Annual difference 0n526h.p. in favor
of water power $34,944
Reutal per day of the 8.666 improved
water powers of L. and A., if all
were used, about ji2s ,
Cost of same number steam powers
(Corliss' estimate”! per day. about.. $2,000 I
.Annual difference in favor of water
power on number improved horse
powers in L. and A., about $600,000 i
Actual yearly rental on cost of 4.866
water h. p. now used in L. and A..
about $22,626 i
Actual yearly cost of the same num
ber steam power $341,000
Aetna! annual saving in the manufac
tures of L. and A., by use of water
instead of steam power $318,374
The first election that occurs in 1572
is in New Hampshire. She votes for a
Governor and Legislature on the second
Tuesday in March. She had beeu Re
publican for seventeen long years by small
majorities, but in March, 1871, aided by
local issues, the Democracy unexpected
ly carried her, choosing their Governor
and all three of her members of Con
gress. Gov. Weston is again the Demo
cratic candidate, and his friends have
high hopes of his success by a fair ma
jority.
Mr. A. S. Johnson, of the firm of
Johnson, Crews A Cos., has been elected
a Director of the Bank of Charleston.
THE PRESIDENTIAL ELECTION.
A paragraph is floating around through
the newspapers stating that “ the elec
toral vote for the next President will be
cast upon the basis of the old appor
tionment of two hundred and forty-three
members of Congress, instead of the
new one of two hundred and eighty
three and that “ practically the South
and West will be denied the increased
vote for President which the census of
1870 shows them to be entitled to.” The
Cincinnati Enquirer shows that this
impression is erroneous. That paper
says :
“In 1830 the United States census
was taken, and in 1832 the Presidential
election was held under the new Appor
tionment made in pursuance of it. It
w-as not held under the Apportionment
of 1820. In 1852, when Pierce and King
were chosen President and Vice-Presi
dent, the election was conducted under
the Apportionment bill that had been
passed in pursuance of the new census
taken in 1850, and not under that of
1840. Now, in 1872, we are in exactly
the same position that we were in 1852
and 1832. Anew census has been taken
a n ew Apportionment bill passed eight
months before the Presidential election,
and the election must be in accordance j
with it. In November most of the j
States choose new Congressmen, and no I
one disputes that they are to be elected j
under the new Apportionment. It would !
be singular indeed, if, on that day, in i
November, 1872, we should vote for Con- !
gressmen under the apportionment of
1870, and for Presidential Electors under
that of 1860, both the new Congress and
President to take their seats on the 4th
day of March, 1873. This suits the
view’s of the East and old Atlantic
States that have declined in representa
tion, but not the growing West, and the
South which have relatively increased
on account of the negroes, now for the
first time having a full representation,
instead of five to three, as heretofore. ”
[From the World. )
A FIGHT IN THE PENNSYLVANIA
DELEGATION—GRANT ALARMED.
There is a lively fight going on among
the Pennsylvania Radical Senators and
members of Congress over the appoint
ment of a Collector for the Port of
Philadelphia. The President was be
sieged all day by the advocates of the
different aspirants, but no two of them
agreed as to the proper man. It is very
j evident that if Grant makes an appoint
ment from the politicians he will create
! a division in the party, the reform wing,
! which has gained considerable strength
in the State, being against the politi
! cians. If, on the other hand, he selects
a person outside the politicians he will
; incur the displeasure of the latter. In
t any case he is certain to make trouble
for himself. To avoid the dilemma he
made a strong effort to have Forney re
main, but the latter has refused to with
draw his resignation. It is understood
that Grant will consult his personal
friends in Philadelphia, like Borie, and
will take an outside man. The Pres
ident is a good deal alarmed at the tone
of Forney’s letter of resignation, and
still more at his refusal to visit the
White House when Grant sent for him.
This, he thinks, looks like rebellion, if
it is not the actual thing itself. The
allusion to the necessity for conciliation
between Grant and the dissatisfied Re
publicans, like Sumner and Greeley, in
the Washington dispatch to the Press,
which is believed to have passed under
Forney’s supervision and to meet his ap
proval, is another cause of alarm. Grant
thinks that Forney asks him to do what
is simply impossible, especially as re
gards Sumner, and he is not at all
pleased with Forney’s friendship of
twenty years’ standing with the Senator 1
j from Massachusetts. But behind all
this the President is aware of the fact
that in the State of Pennsylvania there
| is a growing element in the Republican
party, composed of such men as Colonel
McClure, hostile to his renomination,
and he is afraid it is about to he rein
forced by Forney. The assurances of
Forney’s continued support of the ad
i ministration do not by any means
soothe Grant’s agitation, or quell his
fears. He evidently has grave doubts
ns to the sincerity of the profession. No
event of a minor character that lias hap
! pened for some time past has done so
much to shake the faith of Grant’s
friends in his renomination as Forney’s
resignation.
The Way Amnesty is Defeated. —It
is announced that the Radicals in the
Senate have resolved to defeat every
Amnesty bill as they did the last, by
tacking to it Mr. Sumner’s bill, making
prejudice against the negro a criminal
offense. The injustice of this course is
only equalled by its hypocricy. Mr.
Sumner’s bill is one that the Radical
party do not want to pass. They can
pass it any moment. They passed it as
an amendment the other day, by the
easting vote of Colfax ; but when it was
thus made part of the Amnesty bill, it
fell with that bill, for want of a two
tliirds vote. Thus the Radical majority
deprive the negro of what they say are
his rights, by not passing Sumner’s bill
by a majority vote, but merely putting
it into an Amnesty bill, which thus j
loaded is sure to fall for want of a two
third i vote. This trickery affords a
cheap display of zeal for the negro, and
a w illingness to pass an Amnesty bill. ]
Y r et both are spurious, as any one may |
see who will consider the facts we have j
! mentioned. There never was a time at j
j which the passage of a liberal Amnesty j
bill would be more appropriate than now.
; It would fortify this country with a true
restoration of the Union, and make us
! twice as formidable to foreign powers.
I But the passage of an Amnesty bill re-
I commended by President Grant in his ;
i message to this very Congress is defeat- i
j ed by his own party in it—and by a pal
! try trick. The Age.
i :
Endorsinothe Movement. —Ex-Secre- j
i tarv Cox and Judge Stanley Mathews, of
1 Cincinnati, are among the endorsers of j
| the Liberal Republican movement. In i
| a card published in the St. Louis Re- j
| publican, they say* that they fully en- I
! dorse the movement, and sympathize !
with the views and purposes which die
; tated the call of the mass convention j
which is to assemble in Cincinnati. The
I indications now are decidedly i a the di
! rection that Grant will have very f ew if :
any, supporters outside of his list of of
fice-holders and their immediate friends. 1
! The indications of oppositions in the
; ranks of his own party are of a
I character so marked that they would
| induce a man of ordinary discretion to
withdraw from the canvass ; but they
will have no such influence upon the
stolid man at the White House. His
theory is to ruin, if he cannot rule ; and
unless there is much deception i u the
! popular pulse, he will do both. He will
I rule the party to its ruin—a work in
\ which we wish him all possible success,
j The party cannot get rid of him if it
i Would.
Well Pet. —Lord Redesdale, who is
the son of an eminent lawyer, has pro
pounded in Parliament this question,
which he evidently deems “ a poser
“If A and B, partners, sue C for
fraud, and defendant, C, proves that B,
one of the plaintiffs, acted with him in
committing the fraud, whether such
proof would not be a complete answer
and debar all damages ? Applying this
t-o questions at issue with the United
States, he argned that the North and
South are now partners in the Alabama
claims. If the law in the case of per
sons was good, it ought to hold in regard
to nations. Lord Granville said the
discussion of the Treaty of Washington
at the present juncture was undesirable,
and he declined to answer the question. ”
AUGUSTA, GA., WEDNESDAY MORNING, FEBRUARY 28. 1872.
AMNESTY.
It is now said that action upon the
Amnesty bill will be deferred until a bill
similar to Mr. Sumner’s civil rights
amendment to Senator Robertson’s bib
shall pass the House of Representatives.
Such a measure is now in process of
preparation, and will be introduced in a
few days.
If this is permitted by the friends of
amnesty to pass the House, it is said
that Sumner, Morton & Cos. will yield
their opposition to amnesty. We trust
that such a promise, however desirable
general amnesty may be, will not induce
the true men of the House to vote for
such a monstrosity as that proposed by
Mr. Sumner.
A CANDID CONFESSION.
The salient point in the French arms
! scandal is that the Government armo
i ries were employed, by authority of
| Gen. Grant’s Administration, to manu
| faeture cartridges for the use of the
i French in the aggressive war they open
jed in 1870 against the Germans. There
are other startling features about it,
! which the debate yesterday made
j clearer, but this is the one point which
j is admitted by all sides.—2V. 1". Tribune.
i This is rather a bad showing for the
i Government which is pressing so vigor
! ously the Alabama claims upon Great
| Britain, and must have a very disas
; trous effect upon those claims. If the
charges made by Mr. Sumner be true —
and the main fact is admitted—it
would seem that at the very time the
representatives of this Government
and that of Great Britain were engaged
in preparing a treaty through which the
claims of the former against the hitter,
for a breach of international law in per
mitting the Alabama aud other Con
federate cruisers to be fitted out in her
ports, could be adjusted and settled,
Gen. Grant was actively engaged in
shipping arms aud ammunition to the
Government of France for carrying on
a war with Prussia, although our Gov
ernment was at peace with both the
contending parties and professed■ a
strict neutrality towards each.
The friends of General Grant in the
Senate were very much opposed to Mr.
Sumner’s resolution .providing for a
committee to investigate these trans
actions, but will no doubt be compelled
to permit tlie inquiry to be made.
Some of the Administration papers
say this attempt to investigate the ac
tion of our Government in this matter
“is as bad as treason,” and pour forth
vollies of abuse upon those Republican
Senators who favor Mr. Sumner’s reso
lution. But the matter has now gone so
far that to stop would be worse than to
go on, and hence a few of the weaker
kneed adlierants of Grant will be in
duced to vote for the proposition.
IF GRANT COULD BE SHELVED,
WH AT ?
[Correspondence of tlie World.]
Washington, February 16.—1n a re
cent article we pointed out the facts
which it seems to us must convince every
intelligent observer that the President
lias the power to force his own nomina
tion in any Republican Convention. To
those who have not reflected upon these
facts it may seem strange that a few
men by no means conspicuous as early
Republicans, though opposed by many
of the strongest statesmen of that party,
are able thus to hold it under complete
control. The secret is in the solid mas
tery of the Administration over the par
ty in rotten-borough States. It is in the
combination of corrupt rings in those
States and reaching over the country,
enriching themselves by legislation, by
monopolies, by tariffs, by railroads, by
railroad grants, by banking privileges,
by control of the Government in many
forms, and sustaining their mastery of
a dominant party through conventions
in a sufficient number of States. So long
as this power remains unbroken all the
protests of Reform Republicans amount
to nothing. Schurz may plead eloquent
ly for reform of civil service ; Trumbull
may denounce the iniquities of a protec
tive tariff; Ferry may demand a return
to the constitutional ideas of local self
government. These and many more may
demand as earnestly as they can resto
ration of liberty to the South by com
plete amnesty, but all their efforts are in
vain. The people may hear, but no
party convention will. The people may
decide against them. Assurance that
the people will decide against them may
bring to their side other strong but
more cautious men, such as Morton or
Wilson. But, nevertheless, no matter
how public opinion may sustain them,
they will inevitably be overmastered in
any Republican Convention by office
holders and the men whom they sent
there to do the will of their paymaster
general.
In view of these facts it becomes ap
parent that even if the nomination of
j President Grant could be prevented in a
j Republican Convention nothing would
|be gained. Even if the corrupt ring
1 which now controls the party could be
| convinced that his election was impos
| sible, and therefore persuaded to throw
I him overboard, there would still remain
{ the same compact power, the same ab
| solute mastery in convention, and the
! S ame utter indifference to the popular
will or to any demands for reform.
Another man might be taken, less con
spicuous, less identified with offensive
measures or policies, but the same power
would control his nomination and would
| select the man, not with regard to public
! interests, but with a single eye to his
i OWII private advantage. No matter who
! ma y be selected, we may rest assured
! that the candidate dictated to a Repub
lican Convention by this combination
will be a man over whom the comip- (
tionists know that they have complete
power. They are not ignorant of the
men with whom they have to deal; they
; know the side-doors and back-stairs to
the minds of many public men, and can
1 easily pick one whose reputation before |
! the public has been little assailed, but
| over whom they have a mastery as abso
-1 lute as they have over Grant himself.
It is well to remember that as to all
questions of public policy the President
j jg a mere dummy, used as they may
please bv meii whose interests govern
their action. Who has ever suspected
j pim of having an independent opinion
upon the finances, the tariff', or other
, questions of grave national importance.
1 Driven by one influence to-day to
pledge himself to a civil sendee reform,
he is as easily driven by another in-
fluence to-morrow to set aside that re
form for an indefinite period. 'The only
part of it for which he cares is in any
event secured. The reform itself was
l judiciously so framed as to keep his
relatives in office. What will it matter
if instead of Grant the same combina
tion which now rules the Republican
partv in so many States shall please to
Is,q e et some facile tool like Colfax,
! Blaine or Wilson ? What matter if with
great show of yielding to popular dis
satisfaction the troops of the Adminis
• tration are vanquished and the same
I managers, considering among themselves
! -what man they can control whose pros
pects of election are best, shall select
that man, and set him up for Republi
can support ?
In anv event, then, the same combina
tion of plunderers will control the Re
publican party and its convention, will
dictate its nomination, will shape its
platform, and, if it shall still be sus
tained bv the people, will control the
Government for another Presidential
term. It is time that this should be well
understood. Democrats realize it. Re
publicans who are in earnest for reform
i may in part understand it ; but many of
I them, if they may be judged by recent
outgivings, seem rather disposed to con
centrate their fire upon the President as
an individual thap upon the ring •of
which he is a representative. But re
taining this course they will find them
selves utterly powerless if at the last
moment the candidate should be changed,
and will not have learned how strong a
public opinion already exists to which
they might with safely appeal against
that combination, no matter by whom it
may be represented. We do not believe
that President Grant can in any event
be driven from the field. His advisers,
full of that over-confidence which blind
ness causes, naturally rely most implicit
! ly upon the continued power of war
prejudices to excite and control the pop
ular mind. That they have the power
to dictate the nomination has been shown,
J and they will find it difficult, if not
j impossible, to change tlieir own plans
! before the convention meets. But if by
j any chance tlmse managers, who rep re;
j sent the comoinations controlling the
Republican party in many States, should
! at the last moment decide to change
; the candidate, a severe test will be ap
plied to the Republican reformers ; they
j will then be forced to show, perhaps too
late for their own convenience, whether
they care more for principle than for
I personal advantage. If they are true to
i principle and sincerely maintain that
| the advancement of great reforms is of
more importance than a party victory,
they will not be swerved from their pur
pose by the removal of one prominent
candidate, but will go forward only the
more vigorously to assail and to crash
the unscrupulous and plundering com
binations by which that candidate was
controlled. But if, caring less for
principle than for party success, they
yield and fall into the ranks, they will
lose whatever of public ■Confidence their
apparent independence of conduct has
gained: they will support once more the
same combination, so dangerous to the
public welfare and to the safety of free
government; they will place for four
years more the power in the hands of
men who use it only for private ad
vantage. Before another term has closed
it may be that the progressive corrup
tion and demoralization of the public
service will have rendered impossible
that overthrow of misrule which may
now be so surely reached by wisdom and
courage.
It is in view of these facts that Dem
ocrats throughout the country naturally
hesitate before committing themselves
to any untried experiment. They feel
that they ought to know whether the
Republicans, who proclaim their readi
ness to take the field, are indeed un
flinching in hostility to the corrupt com
binations which now control the Gov
ernment, to the dangerous measures re
cently adopted, and to the unjust and
unwise policies which have thus far had
sanction from a Republican majority.
If this is the character of their opposi
tion the Democrats may, indeed, go
very far to encourage and strengthen it;
but if they are only animated by per
sonal antagonism to Grant, and care
only for his personal defeat, it is not
impossible that at the last moment they
may accept another candidate not more
truly attached to any reform, not less
completely in the hands of corrupt com
binations, and only the more dangerous
because the more adroit and shrewd. In
this respect the’Missouri Liberal plat
form has wisely ignored the personal
aspect of the case, and has assailed, not
the President or the existing adminis
tration, but the policies and measures
which have characterized the dominant
faction. It remains to be seen whether
Republicans from other States, joining
with them in consultation, will take a
stand equally firm and manly, and com
mit themselves unreservedly to genuine
and thorough reforms. Without such
declaration and action, suited to the
circumstances and the time, the earnest
popular desire for practical results,
broader and more important than any
change in the personal administration
of the Government, will not be satisfied.
Dawn.
The Men of IVall Street.
[Eli Perkins, in New York Commercial.]
“ Who are some of the great operators
on the street ?” I asked of the com
mittee.
“ Henry Smith is the Tony Morse and
John Tobin of the market now. He
fights Daniel Drew. About Chicago fire
time he was a great bear on the market.
He sold a good deal of stock then and
made $1,500,000 on the fall. Now he is
bulling the market. (Bulls toss up and
bears scratch down.) Mr. Smith has an
art gallery, a steam yacht, and nice
horses. He says he is anxious to take
Eli Perkins out to drive, and show him
his nice pictures.
“ Daniel Drew is a big and sure op
erator. When he handles a certain stock,
he carries enough of it to control the
market. Lately he has dealt largely in
Northwestern. After the Chicago fire he
invested largely in Northwestern at 52,
and he is now selling ‘ puts’ against
himself at 62. He has sold 50,000,000
of ‘ puts’ against himself since the fire,
and has made $500,000.
“ James M. Banker, Vice-President of
the Bank of New York, is known as the
leader of the Vanderbilt clique. He
held a large amount of stock at the
time of the Chicago fire, wnich he kept
and finally sold to Henry Smith at a
low price. They think on the street
that Mr. Smith, now that he has got his
1 shorts’ all ‘ covered,’ should present
Mr. Banker with a set of silver.
“ Richard Schell is another member
of the Vanderbilt clique. He has made
the bulk of his fortune since Vanderbilt
became king. His ‘ forte,’ in case he is
interested in any stock, is to guarantee
the holders of that stock against the
whole loss for one half the profits. He
is also noted for selling ‘ puts’ and
‘calls’ upon a certain day.
“ Rufus Hatch is a large operator, but
more recently his time and money lias
been taken up with Maj. Selover and T.
B. Musgrove .in backing Dr. Ewer in
ritualism. Mr. Hatch has expended in
ritualism $27,000, Maj. Selover $13,000,
and Mr. Musgrove $7,000. After fur
nishing Dr. Ewer with money to practice
his ritualism on, they have suddenly
deserted him, and the poor Doctor has
no money to buy candles with. Mr.
Hatch used to be associated with Henry
Keep.
“ A. Boody, the builder of the Wabash
Railroad, and now the President of it,
is a successful operator. Mr. Boody’s
* business tact arid splendid executive
talents have built up the road, and made
i its securities sought after by friend and
foe.
“ Russel Sage is Vice-President of
the Milwaukee <fc St. Paul Railroad. He
has made a large fortune, mostly through
dealing in St. Paul. Fe knows every
1 point’ about the stock. His motto is
‘ Now, by St. Paul!,’
“ Mr. Stockwell is the son-in-law of
the late Elias Howe, of sewing machine
fame. He is a bold operator, manipu
lates Pacific Mail, and recently succeed
ed in ‘ ousting’ the old Board of Diree
j tore of that company. He don’t know
which is the biggest thing—Howe’s
sewing machines or the Pacific Mail
Steamship. Some of the brokers say he
is about to consolidate the two, so the
stock will be quoted. ‘ Sexring Machines
consolidated with Pacific Mail.’ ”
Chief Justice Brinkerhoff, of Ohio, a
prominent Radical of that State, has
xvntten a letter on the political situation,
m which he says : “As to the personal
administration of Grant, I do not like
his acceptance, prior to his inauguration,
of munificent presents from men distin
guished for nothing but their wealth,
and then appointing those same men to
office. Ido not like his shameless nepo
tism ; his apparently intimate and con
tinuous associations xvith stock-jobbers ;
his project for the purchase of St.
Domingo ; his ostracism of such men as
Sumner, Hoar and Cox, and the substi
tution, as his confidential advisers, of
men in whose ability and political purity
a discriminating public has far less con
fidence. I Jo not like his official pro
fessions in favor of eivil service reform,
when contrasted with the fact thathe made
the places of the only members of his Cabi
net, who seemed to be heartily and prac
tically in favor of such reform, too hot
for them ; nor do I like the revelations
recently made through the medium of a
reluctant committee, as to the character
of the administration of the New York
Custom House, nor his fulsome endorse
ment of its late
A Remedy fob Wsiioo'rsa Cocgh.
The “whoop” of chififren is heard at
every comer in Knoxville. A medical
; journal states that five or six visits, of
about fifteen minutes’ duration each, to
the purifying room of the gas works,
will certainly cure the most obstinate
case of whooping cough. The sugges
tion is worth a trial, — Pre%eandHmakl.
FROM COLUMBIA.
Proceedings of the Legislature—Tlie
Republican Nominating Convention—
The Radical Platform—List of Dele
gates and Alternates to the National
Convention.
[Special Telegram to the Courier.]
Columbia, February 20. •
In the House the following bills were
introduced : Bill to create anew coun
ty from Edgefield, to be called Saluda
county; bill to incorporate the Fire
man’s Union (colored), of Charleston.
In the Senate, a bill was introduced to
provide foi the sale by Countv Auditors
of all lands purchased by the Land Com
missioner at one dollar per acre. The
following bills passed a third reading :
Bill to incur))orate Journeymen Me
chanics’ Union, of Charleston ; bill to
incorporate the Raleigh, Columbia and
Augusta Railroad ; also, to incorporate
the Bull River and Port Royal Railroad.
The Republican Nominating Conven
tion is still by the ears, and very little
progress has been made towards 'effect
ing a nomination. Hendricks was seat
ed from Charleston in the morning ses
sion. Scott was invited to a seat on the
floor, and coming in made a short
speech, which was received in silence.
A great deal of abuse and wrangling oc
cupied the Convention until 7 p. m.,
when the following nominations were
made by various Congressional Districts:
First District, Delegates, S. A. Swails,
H. J. Maxwell and William H. Jones,
all colored; Alternates, B. F. Whitte
more, F. H. Frost anil J. P. Green;
Second District, E. W. M. Mackey,
Robert Smalls and Geo. T. Mclntyre ;
Alternates, J. N. Hayne, C. D. Hayue
and P. P. Hedges ; Third District, no
nominations ; Fourth District, J. M.
Allen, J. J. Patcerson and T. J.
Mackey ; Alternates, June Mobley, Joe
Crews and P. J. O’Connell.
Speaker Moses was elected permanent
President, and received unanimous re
commendation from First and Fourth
Districts as delegate for the State at
Large. The Second District recom
mends Ransier for the same position.
The platform of the Convention has
been prepared by T. J. Mackey, and
will be presented to-night. It endorses
Grant’s Administration, and returns
thanks to the Congress and to Grant for
enforcing the Ku-Klux acts, and thereby
disbanding an organization of the
Democratic party to break up freespeech
and free ballot. It protests against the
Federal appointments of the past three
years, which they say were made upon
misrepresentations of Senator Sawyer,
whereby the Republican party has been
wounded in its own household, anil in
structs the delegates to advocate the
adoption of a clause in the National
platform in favor of a rigid enforcement
of universal civil rights for everybody.
The election of delegates is progress
ing under a most terrible confusion. In
the First District the ticket nominated
was elected. In the Second District the
ticket was elected after a long straggle
and attempt to substitute Wliipper for
Mclntyre. In the Third District the
nominations are as follows : R. B. El
liott, J. L. Orr and W. B. Nash ; al
ternates, S. J. Lee, L. Cain and C. M.
Wilder. This was adopted. In the
Fourth District the ticket nominated
was elected. For the State at large, F.
J. Moses, Jr., and A. J. Ransier.
Pardons Not to bf. Had foe tiie
Asking.—The application to Governor
Smith, to which the following letter is
in answer, was made on behalf of a man
who swindled a warehouseman of Macon
out of ten dollars, and was sentenced to
pay a fine therefor. We think-the peo
ple of Georgia will agree that the Gov
ernor has taken the proper stand, and
that a firm adherence to it will be bene
ficial in the preventation of -crime :
Executive Dep’t, State of Ga., \
Atlanta, February 5, 1872- )
John E. Weems. Esq., Macon, Ga. :
Deae Sie—l am directed by his Excel
lency, the Governor, to acknowledge
the receipt of your favor of the 3d in
stant, with tlie endorsement of Hon. C.
B. Cole, asking that one-lialf of the
fine imposed by Judge Cole on one
Henry Smith be remitted, and to say
that the trial and punishment of viola
tors of the law are left properly with
the courts, and that he does not feel
disposed to interfere with their action
except in cases of manifest error. Your
self and Judge Cole are recognized offi
cers of the Court by which said Smith
was tried anil sentenced —you as the
prosecuting officer, and he as the pre
siding Judge. As officers of the law,
| you both acted under the solemn sanc
j tion of an oath. As petitioners asking
I for the remission of part of the sentence
sought by the one and pronounced by
the other, you are doubtless influenced
by feelings of sympathy alike natural
and honorable. His Excellency, how
ever, feels constrained to abide by your
official action, and to allow the law to
have its course.
Veiy truly yours,
P. W. Alexander,
Secretary Executive Dep’t.
How Immigration Is Promoted.—We
j clip the following paragraph from the
j last number of Appleton’s Journal:
‘ ‘ The amount of money sent across
the water by immigrants to friends left
behind, principally to pay their passage
to America, is rather surprising. From
the official returns of the Emigration
I Commissioners of England, it appears
[ that in 1870 there was sent from this
j country, to Ireland principally, $3,630,-
! 040 in gold, of which $1,063,190 was for
pre-paid passages. In the twenty-three
: years, from 1848 to 1870, inclusive, this
j is upward of $81,670,000 in gold, being
j an average of about $3,889,047 yearly.
! But this amount is probably somewhat
I below the actual amount sent, as it only
! includes what has been sent through
i banks and commercial houses. Os what
| ever may have been sent through pri
[ vate channels there is no knowledge.”
Is Your Name Brown ?—London lias
recently sustained a bereavement in the
person of a lady of the not unfamiliar
name of Brown. Some time back she
offered the Metropolitan Board of Works :
§250,000 if it would make a contem- !
plated alteration in a street in a manner j
she wished, but they were unable to
accede to her wishes. She generously
offered them $30,000 for the erection of
a drinking fountain to be placed at the
end of the street in which she lived,
and this was about to be erected. The
Board also communicated with her
about public baths, which she intended
: to erect at a cost of $50,000, when sud- 1
I denly pallida mors, who had taken some ;
time coming, for Mrs. Brown was ninety, j
stepped in and dissipated her benevo- i
! lent intention. She died intestate, leav- j
iug an estate of $50,000 a year, and
without a human relative. It is there- j
fore stated that the property will go to
the Crown, but as there are several j
Browns about it will be hard if one of j
- that enterprising and übiquitous fami- |
ly can’t substantiate a claim. Perhaps j
! some of the American branch of the
| clan will think it worth while looking
! up their pedigrees.
Dr. Leiber has anew story of Wash
i ington, coming to him from France
' through Laboulave. Jefferson one day
visited Washington, and full as Jeffer
son was of French views and ideas of j
politics and everything else, he zealously
i attacked the system of two Houses of
J Congress. General Washington replied
! that Jefferson was much better informed
than himself upon such topics, but that
he himself would adhere to the experi- j
I ence of English and American history : >
| “You, Tourself,”said the General, “have
provei the excellence of two Houses,
, this very moment.” “I,” said Jeffer
| son, “how is that ?” “You have,’’re
plied the heroic sage, “ poured your hot
tea from the cup into the saucer to cool j
it. It is the same thing we desire of the
two Houses.”
Newspaper Collector Wasted. —A
I Texas exchange advertises as follows :
i “Wanted, at this office, an able-bodied,
hard-featured, bad-tempered, not-to-be
| put-off, and not-to-be-backed-down-frec
kled-face young man to collect, for this
paper; must furnish his own horse, saddle
bags, pistolß, whisky, bowie-knife and
cow-hide. We will furnish the accounts.
To such we promise constant and labori
j ous employment. ” Here is an excellent
i place for an industrious young man who
is willing to take a “ soft place.”
I A “ joke” is credited to an American
! visitor in England : “Wall, stranger,”
he is reported to have said, “I guess
' vou English juries aint smart no how.
I If an American jury had tried the Tich
j borne case, I’ll tell you what they’d have
I done : They’d just bought up all the
j Tichbome bonds, and then found aver-
I diet for the plaintiff. ”
[From the Atlanta Sun. |
SUPREME COURT DECISIONS.
DELIVERED AT ATLANTA, TUESDAY, FEBRUA
RY 13, 1872.
Tuesday the Court met according to a
j former adjournment, at the room of
; Warner, C. J., a full bench being pres
| ent.
The judgments in the following easels,
which had been argued before Warner,
C. J., and MeCay, J., were then deliver
ed.
The synopsis following were announc
ed from the bench this morning ;
Charles Davis, el. at., vs. James Gurley.
Trespass, from Union.
Warner, C. J.
This was an action brought by the
plaintiff against the defendants, con
taining two counts, one for the interfering
with his right of common of pasturage
on lands granted by the State, in the
county of Union, aud to recover dam
ages for killing his stock. There was a
demnrrer to the declaration, which the
Court overruled, and in our judgment
properly overruled. On the trial of the
case, after hearing the evidence and
charge of the Court, the jury returned a
verdict for the plaintiff for $125. A mo
tion was made for anew trial, which
was overruled by the Court, and the de
fendants excepted. There is no evidence
in the record that the defendants killed
the plaintiff’s stock, which would, un
der the law, authorize the jury to find a
verdict against them ; that the unlawful
interference with one’s right of common
of pasturage is actionable when the i
right exists, is undoubtedly true ; but
the difficulty with the plaintiff in this j
case is that the evidence on the record j
does nfit establish such right of common
of pasturage against the defendants, or
if it does, that the defendants have un- j
lawfully interfered with it.
Let the judgment of the Court below j
be reversed.
C. J. Wellborn, J. S. Fain, H. P. j
Bell, by G. N. Lester, for plaintiff in ;
error ; Wm. Boyd, contra.
John Saterfield el. a/., vs. James Randall '
et. al. Ejectment, from Lumpkin.
Warner, C. J.
This was an action of ejectment to re
cover the possession of a tract of land in
Lumpkin county. On the trial of the j
case the defendant claimed the land for
some years undercolor of title and claim
of right. Whether the defendant’s pos
session, under the law, was a question of
fact for the j ury, and if they had found
a verdict for the defendant we should
not have been disposed to disturb it, but
under the charge of the Court, the jury
could not well have done otherwise than
have found a verdict for the plaintiff.
The Court charged the jury that if they
believed from the evidence that the lot
of land was not adapted to agricultural
cultivation, but was chiefly valuable for
timber and mining purposes, then they
could consider whether the use and oc
cupation which defendant had enjoyed
was equivalent to such actual posses
sion as would be the foundation of a
prescriptive title either for seven years
without title, but such use and occupa
tion must be continuous, that is, from I
day to day, month to month, and from
year to year. This charge of the Court,
in view of the evidence in the record,
was error, and anew trial should have
been granted.
Let the judgment of the Court below
be reversed.
Weir Boyd, for plaintiff in error.
H. P. Bell, contra.
I. W. Brown, et. al., vs. E. B. Wells.
Ejectment, Lumpkin.
Warner, C. J.
This was an action of ejectment to re
cover the possession of a lot of land in
Lumpkin county. The plaintiff showed
a regular chain of title to the premises
in dispute from the State. The defend
ant claimed a title to the land under the
statute of limitation, or a statutory right
by prescription. The jury found a
verdict for the plaintiff, and the Court
below granted anew trial, whereupon
the plaintiff excepted.
It appears from the evidence in the
record that Williams went into posses
sion of the land as a mere squatter, with
out color of title. Williams sold the
land to Nicholson, and made him a quit
claim title. Nicholson and Wm. W.
Williams conveyed the land to Wade,
aud Francis Wade conveyed the land to
Wells, the defendant, who lived about a
mile from the land, and, in the language
of one of the witnesses, Wells, of course,
knew all about tlie facts of Williams,
Nicholson, and Wade’s claim to the
land. Wade knew that the land did not
belong to him, but claimed it. Wells
knew how the land was all tho time.
The point in the case is, whether the
defendant, under the evidence, was a
purchaser of a mere squatter’s title, or
whether he was a purchaser of a bona
fide claim of right to the land. If he
knew at the time of the purchase that
he was only purchasing a mere squatter's
title, he stands in no better condition
than the original squatter as against the
title of the true owner of the land, and
we think there is sufficient evidenoe in
the record to sustain the verdict of the
jury on this point in the case, and that
the* Court below erred in setting the ver
dict aside, and in granting anew trial.
A mere squatter on a lot of land, with
out color of title or claim of right, can
not defeat the title of the true owner by
conveying the land to other purchasers,
who have lull knowledge of the nature
and character of the title when they
purchase it, although they may have
been in possession of it for seven years
under such title. The law will not per
mit the true owner to be defrauded of
the land in that way.
Let the judgment of the Court below
be reversed.
W. P. Bell, for plaintiff in error ; Weir
Boyd, contra.
H. G. Cole et ah, vs. Levi Long et al. j
Ejectment, from Gilmer.
Warner, C. J.
This was an action of ejectment to re
cover the possession of a lot of land in
Gilmer county. Both parties claimed to
derive their title to the land from Mary |
Myers, the drawer—the one by a deed
from Mary Myers, and the other by a
deed from the heirs at law of Mary
Myers. The deed of Mary Myers, under j
which the defendant claimed title, was
attacked on the ground that it was a '
forgery, and evidence was introduced
before”the jury as to that fact. The de
fendant also relied on a proscriptive !
title of seven years’ possession under j
claim of right under color of title. The \
jury found a verdict in favor of the de- j
fendant, but whether they found on the |
proscriptive title of possession, or ,
whether they found that the defendant’s
titles from Mary Myers was not a for
gery under the charge of the Court, the
record is silent, A motion was made for [
anew trial on general grounds, and
especially on the ground that the Court
erred in charging the jury in relation to '
the forged deed, which was overruled by ;
the Court, and the plaintiff excepted.
The Court charged the jury, “But if
you are satisfied from the evidence that j
the deed from Mrs. Myers to William
Jones is a forgery, then the deed is a !
nullity to all parties having notice of
such forgery.” The charge of the Court
to the jury was error, If the deed was
a forgery, than it did not pass the title
to the land of Mary Myers, and notice ,
of the forgery- was not necessary to
make it a nullity. In view of the facts
contained in the record of this case, and
the error in the charge of the Court as
to the forged deed, we think anew trial
should have been granted.
Let the judgment of the Court below
be reversed.
H. P. Bell, for plaintiff in error ; Wier
Boyd, contra. •
Eveline J. Lewis vs. A. M. Hudson.
Case for Words, from Forsyth.
MoCay, J.
I. To render words actionable per Be, 1
it is not necessary that they should, in 1
express words, charge another with a
crime punishable by law ; it is sufficient
if they impute a crime in such terms
as that the hearers understand that this
is what is meant.
2. When the words themselves are ac
tionable, as imputing a crime, an inuen
do, indicating in plainer language what
crime was meant, is unnecessary, and
may be rejected as surplusage.
Judgment reversed.
H. P. Bell, G. N. Lester, J. R.
Brown, J. S. Clements, for plaintiff in
error.
I. W. Dorsey, Henry Jackson t Bro.,
contra.
D. S. Anderson' vs. James M. Wilson.
Claim, from Cobb.
MoCay, J.
1. The Ist, 2d, 3d and 4th sections of
the act of the 13th October, 1870, re
quiring the plaintiff in suits founded on
debts contracted before the Ist es June,
NEW SERIES—VOL. XXV—NO. 9.
1865, to prove that all legal taxes due
thereon have been paid before he is en
titled to a judgment, does not apply to
the plaintiff in fl fa. in a claim case. If
the affidavit is made, that justifies the
levy, and the claimant cannot require
proof unless he make uu issue by a
counter affidavit denying that the legal
taxes have been paid. 2. In a claim
ease, the plaintiff in fi fa. is a competent
witness under the evidence act of 1866,
Revised Code 3798, notwithstanding
the defendant in execution may have
died or become insane. The defendant
has no interest in the result of trial, ex
cept with the plaintiff.
Judgment reversed.
Lester & Thompson, for plaintiff in
error. Irwin & Anderson, contra.
Wood Hydraulic Hose Mining Company
vs. Henry. Assumpsit, from Lump
kin.
McCay, J.
1. Although a corporation, as such,
can do no corporate act out of the limits
of the State granting its charter, yet its
agents aud officers may bind it by con
tracts and engagements maclo in other
States, and the minutes of the board of
directors may be used as evidence of tho
board, even though the meetings of tho
board appear to have been held out of
the State chartering the corporation.
2. It is a necessary incident of a min
ing corporation that it shall have power
to contract and to bind itself to those
dealing with it in matters within the in
tent of the charter, even though the
charter contains no express grant or
power to contract or make debts.
3. The directors of a corporation, un
less expressly restrained either by the
charter or the by-laws, may exercise the
ordinary powers of the corporation.
4. A corporation which, through its
directors, accepts the services of another
as treasurer, and ratifies and audits his
accounts, in which a balance appears
against tlie corporation, is bound by the
admission, as a private person would be
under the same circumstances.
5. When tho treasurer of a corpora
tion, with the knowledge anil consent of
tlie directors, raised money for tho use
of the corporation, on his own credit,
paying interest therefor above the legal
rate, and his accounts as treasurer were
audited and agreed to by the company,
of extra interest appearing on the ac
count, and a balance struck and agreed
to as due the treasurer, a verdict of a
jury for the balance, with legal interest
from the date of the account, is not
illegal.
6. When the Judge who presided at
the trial refuses to grant anew trial, on
tho ground that the verdict is contrary
to the testimony, it must be a very
strong case indeed to justify this Court
in over-ruling the judgment.
John A. Wimpy, for plaintiff in error;
Geo. D. Rice, 11. P. Bell, contra.
A. A. Bell vs. The Marietta Paper Mill
Cos. Motion to set asido judgment of
foreclosure, from Cobh.
McCay, J.
When, in a proceeding to foreclose a
mortgage, the defendant’s plea was de
fective, anil he was allowed until the
next day to perfect it, and on the calling
of the case the next day further time
was asked for to perfect the plea, on the
ground that one of the counsel, who was
also interested as a party, and who alone
knew the facts sufficiently to make the
amendment, had, that morning, been
| granted leave of absence by the Judge
for the day, anil the Court refused to
give the time, and allowed the rale to
be made absolute, and a motion was
made to set aside the judgment ;
Held, That tho motion to set aside,
which was heard and determined by a
different Judge, ought not to have been
granted without a distinct statement,
supported by-affidavit, setting forth a
substantial defense, and showing affirm
atively that the defendant had been in
jured by the absence of his counsel.
Held, also, That as there is nothing
in the motion to set aside the judgment,
or in facts before the Judge, on the
hearing of the same, to show affirma
tively that, if anew trial was had, the
defendant could show any substantial
defense, it was error in the Court to
grant the motion. Judgment reversed.
A. W. Hammond & Son, for plaintiff
in error; Lester & Thompson, contra.
At the conclusion of reading the opin
ions, McCay, J., made the following re
port :
The serious illness of tlie Chief Jus
tice, together with the vacancy upon the
bench hut just filled, has -caused the
loss of three weeks of the present term.
As the docket is a very heavy one, it
will require the utmost economy of time
to get through with the business before
the first of July, when anew term with
anew docket will demand our attention.
It is very desirable that the present term
shall not end with any case unheard.
This has never yet occurred in the his
tory of the Court, anti we hope it never
will.
We shall devote from six to seven
hours a day in the hearing of cases, and
instead of the usual hour devoted to
consultation, we will meet for that pur
pose at night.
May we not ask of the members of the
bar that their arguments be condensed
into as brief a space as is consistent with
clearness, aud that they bo strictly to
the points, as made in the record V
As it often happens that there is mat
ter in the record of little importance to
the issues made, we respectfully suggest
to counsel that it is due to themselves as
well as the client, that such case before
it is heard, they make themselves so fa
miliar with the record that they can, with
facility, find and read that portion of it
material to the points made.
We have no desire to interfere with
the discretion of counsel in their mode
of presenting their cases upon the
docket, and the short time now left
during which they must be heard, ad
monish us that special attention is due
to every moans which may prevent any
expenditure of time not really necessary.
But a few minutes in each case, when
the cases are so many, will count largely
j in shortening or lengthening the term.
The Great Sea Tunnel.— The tunnel
under the Straits of Dover, from Eng
lang to France, is at length to be com
menced, a joint stock company for the
purpose !laving been organized and
registered in London. Two millions
sterling will be required for the experi
mental driftway, and the tunnel can be
finished in five years for five millions
sterling, working day and night from
both ends. The distance is twenty-two
miles, and as no shafts for ventilation
are spoken of, it is understood that the
plan includes two parallel tunnels witli
trains running only in one direction
ttiro ugh each so as to keep up a constant
current of air. We entertain no doubt
of the ultimate success of this plan;
and when it shall have been accom
plished there can be little doubt that it
will ho the progenitor of other great
works of the same character under the
sea, just as the short sub-marine cables
were the beginnings of the great Atlan
tic cables. Applying this to the great
problem of shortening the time oc
cupied by the transit between Europe
and America, we find that if a tunnel
were driven under the channel to
Ireland and steamers run from Galway
to the coast of Newfoundland, and a
tunnel connecting the latter with the
mainland, via Cape Breton, the sea voy
age might be reduced to three or four
days, and the whole time between Lon
don and New York traversed by sea and
rail in about a week.
Alabama Encouraging Fish Culture.
—The Senate of Alabama has passed a
bill to encourage fish culture in that
State. It loans $5,000 to the Commis
sioners (under proper bonds; already ap-
I pointed, to use in such manner as they
; deem proper for the purpose of propa
j gating fish.
' George S. Cameron has been re-elect
ed President of the South Carolina
Loan and Trust Company of Charles
-1 ton.
For the first time in the history of
I South Car. ilina, that State has a divorce
j law. The cause for granting divorce
must be very serious and very clearly
proved.
The Warrenton (N. C.) Gazette, in
publishing reminiscences of Warren
county, mentions the fact that Horace
Greehy was married in the Episcopal
Church in that town. His wife was a
teacher in the Warrenton Female Col
lege, and is well remembered by many
oi her old pupils, residents in that
•oust?.
I The Accident on the Savannah ami
i Charleston Railroad. —The Savannah
i News says wo have gained the following
; particulars in regard to the accident on
{ this road, mentioned in our issue of yes-
I terday morning. The train left Charles
| ton at 8.15 a. m., and arrived at tho
Savannah river bridge at 8:30 p. m.,
j where the conductor was notified by tho
j bridge watchman that the piling of a
j portion of the bridge had been disturbed
|by the lodgment of a cypress tree
against it. The train had been run
to within a few yards of the bridge, and
Capt. S. K. Slawson, in view of this in-
J formation, considered it imprudent to
run the train over before examination.
In company with the engineer, ho exam
ined the bridge, and considered it safe,
but with cautiousness that reflects cred
it upon him, decided upon a trial first,
| before risking the lives of those in his
| charge. He had the engine detached, and
j mounting, with the engineer, proceeded
| to test it. The locomotive had made but a
few revolutions when the track and
j piling gave way, carrying about fifty
feet of tho trestlework and tho engine
and tender. The conductor and fire
man caught on the trestlework (the
tender nearly striking them as it was
swung around), and climbed upon tho
remaining part of the bridge. The en
gineer and wood-passer sprang into the
river and were carried some distauce
down the stream by the svrift current,
and were a quarter of a mile below tho
scene of accident when they were over
taken by tho bridge watchman and a
negro, who went to their rescue in a
batteau. In jumping, the wood-passer
was severely bruised above tho knees,
by striking on the floating timbers. The
Captain and fireman were rescued by
the passengers. The alarm and con
sternation of the passengers, consisting
of twenty-three gentlemen, three ladies
and ten negroes, can be hotter imagined
than described. Even in tho midst of
such peril there were ludicrous inci
dents, and among them we hoar of two
United States officers jumping through
the car windows. Tho trestle work at
this point extends four miles ; to avoid
further mishaps, those on the train
backed the ears one by one to a place
of safety.
The Farmer and Gardener. —The sec
ond volume of this excellent Southern
agricultural anij horticultural journal
commenced with the number of Febru
ary 10th.
From its first issue to the present it
has steadily improved in all the charac
teristics essential to the establishment
of a first-class journal for the garden,
the farm or the household; and we are
glad to know that it meets with such fa
vor from all parts of the South. Tho
editorial department is still presided
over by Mr. P. J. Berckmans, who is as
sisted by several able Southern writers
—Mr. H. \V. Ravenel, of South Caroli
na; Prof. Buckley, of Texas, &c. Asa
guide and instructor to those engaged
in gardening or farming in the South,
as well as for its usefulness ns a house
hold visitor, we consider its presence in
dispensable in every family. It is pub
lished semi-monthly for $1 per annum.
Address the publisher, E. H. Gray, Au
gusta, Ga.
Serious Conflagration in Savannah.
—From the Republican we learn that a
fire occurred in that city on Saturday
night, resulting in about $20,009 loss.
The fire originated in the establishment
of A. Sehlessinger, wholesale grocer and
commission merchant, occupying the
second floor of the building. His large
stock of groceries, bacon, etc., was com
pletely destroyed, upon which there
rests an insurance of $3,000 in the agen
cy of Mr. Henry Woolbridge. The
building, which has been very seriously
damaged by fire and water, is insured
for $5,000 in the above agency, and also
for an amount in other agencies, which
will probably cover the loss of the build
ing. Such were the apprehensions of
the spread of the flames that the entire
fire department turned out. The dam
age done will not exceed $20,000.
The Negro Ku-Kltjx. —Tho Circuit
Court which convened in Yorkville, S.
C., on Monday of last week adjourned
on Friday. Tho negro Ku-Ivlux, Major
Joe Carter and his gang, who commited
such gross outrages last Winter, were
tried and convicted. The. notorious
“Major” was sentenced to livo years’
imprisonment in the penitentiary ; the
“Captain” to three years, and others of
the gang to terms of imprisonment vary
ing from a few months to one year.
Snider, the policeman who shot Tom
Johnson in Yorkville last year, was ac
quitted. Peter Culp, indicted for tho
murder of his wife, was convicted, and
sentenced to be hanged on the second
Friday in March.
Destruction of the Southern Metho
dist Book Concern. —A destructive lire
broke out in the building of the South
ern Methodist Book Concern, in Nash
ville, about one o’clock, lust Thursday
morning. We extract the following ac
count from the Union and American :
The fire commenced in the bindery,
and as the house was closed since (>
o’clock, yesterday evening, its origin is
not known. This was the individual
property of John Loeken, of Philadel
phia, Pennsylvania, and was uninsured,
though the building belonged to the
company. The loss in machinery, etc.,
to this department, amounts to over
$20,000. There had been an insur
ance on this until the present year.
Under the bindery were the press
rooms and stereotyping department of
the company, the contents of which, to
gether with some small account books,
and the library of Dr. T. O. Summers,
containing some of the most valuable
volumes in the South, were destroyed.
The fire was checked when it reached
the rear of the book house, on which
there is an insurance of SIO,OOO, equally
divided between the Andes and Tennes
see companies. This building sustains
no damage. What the loss will be can
not at present bo arrived at. Printing
material, the composing room, etc., with
machinery and books, were burned. In
cluding the above amount on the build
ing uninjured, the company had $50,000
insurance on the stock and buildings de
stroyed. This amount will not approxi
mate the value of the buildings and
stock.
Small-Pox in Norfolk.—The Norfolk
(Va.; Journal says that there are now
several cases of small-pox at the hospital
in thatcity, all colored persons, and adds
that a strong prejudice against vaccina
tion exists among that class of the popu
lation. It says:
They have a notion that the object of
the doctors is to inoculate them with the
small-pox, and resist and defy them
when they atttempt to vaccinate them.-
One of the physicians appointed by *
Board of Health to perform this duly had
i to employ the services of a policeman, ■ '*
I few days ago, and succeeded with the aid
of the officer in vaccinating erui
colored people, almost by iorce. j ' -
dicrous scenes occur when a 1
visits some of
The inmates of their 11 u oor
doors, and retreating to th PP >
,t u,;s"cuU». “hi. »i,d.
&„cn filled «|th J'”"
told them by their parents, fly m horror
from the doctor*
It is reported that Milos Leatherwood
the notorious scoundrel who murdered
General John Morgan was accidently
burned to death in Polk county, l’enu.,
recently. We have no further parti
culars and would not like to make in
quiries, lest the story should turn out
not to be so.— Mobile Register.
Cumming has had a whirlwind, attend*
ed with electrical appearances.