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OLD SERIES —VOL. LXXIX.
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WEDNESDAY ... JULY 24. '
DEATH OF .11 DGE LINTON KTE I
I’ll ENH.
We arc pained to loam that the Hon.
Linton Stephens died at his residence in
Sparta, Georgia, on Sunday afternoon,
at five o’elook, after a brief hut painful
illness of a few days. The sudden and
me ported death of this really great
and good man will sadden the hearts of
lus many friend- throughout the State,
and patriots everywhere will in' nil'll the
los of one whose love of country was
without taint ami who e course in the
upport of truth and justice was never
awed hy power or swayed by the fickle '
whim of the populace.
Jnd"c Htepfwm • ■was, We suppose,
about fifty or fifty-five years of age. For
many year; he Was aniemln rof the State
Legislature, in which body lie was ill
wav a hauling and influential member,
lie was appointed by Governor Brown,
111 I sto Is. at on the S ipivine Bench
of the Stale, hilt after the expiration of
hi term declined a reappointment, and
returned to the practice of the law.
.1 u lg''Stephens was not a ncei-s'iion
i .I, hut soon uff r tin: eoiiMuenecmDut of
the war lie volunteered his services to
the earn of file South, and was elected
I .hod "Haul Goloiiel of the loth Georgia
Bcgimeiit, of whieh Thomas \V. Thomas
wa t Colonel, and VV. M. Mefutosh was
Major. After a short lmt laborious ser
vice in Virginia, under Beauregard and
•foe .lohll >ll, the health of Jlldge Ste
phens entirely failed, anil he was com
pelled to ri-ign his office and return
home. I luring the war he served in the
Ijegialatiire, and was ever alert and vigi
taut in promoting the cause, of the sol
diers in the field.
Si the war Judge Stephens has
Ip- in foremost, in the ranks of those who
have resisted Iho encroachments of the
Federal Government upon the rights of
the Slates, and, in his own person, was
made to feel the vengeance of the pres
ent military government at Washington
against, tho .•) jn tile South who dared to j
maintain their rights and pr. serve a 1
pure ballot.
We regret that the late hour in which
we write and the want of fuller informs j
I ion, prevents our giving to our readers ;
a fuller and more worthy sketch of the!
life of this most estimable gentleman.
We trust that, from aide anil better in- j
formed pens, wo have shall have a notice
of the life and servioesof.l ildge Stephens
more worthy of the subject and more j
acceptable t" his hosts of friends and j
admirers.
WIIAT NEXT '!
John VV. Forney recently made a visit
to Texas and Louisiana with Tom Scott
and other railroad magnates. The visit
was made on • business connected with
the Southern Pacific Railroad, but For
ney managed to mingle speaking with
railroading, and appeared in a now role—
as the eulogist, of Southern soldiers and
Confederate chieftains. At Shreveport
Forney told his audience -ninny of them
survivors of Dick Taylor’s army—that
“Southern soldiers fought gallantly in
a cause of which they had reason to he
proud;" that “ Stonewall Jackson xvfis
the bravest of soldiers,” and that when
General Pleasanton killed him at Cluiu
eellorsviUe, as he swears lie did, the
I'rrss praised the dead hero, and Mr.
Lincoln praised the I’rr,ss for doing so;
that he was “delighted to see the por
trait of Robert E. Lee hanging in every
house, mid trusted he was dear to every
heart.” In short, nothing could be more
sympathetic or more effusive. This
faithful friend of Grant even went so far
as to remind his Southern hearers that
to Jefferson Davis is due the initiate
idea of the railway to San Diego. He
did not say, what nevertheless is literally
true, that when, during the war, a ru
mor of the death at Richmond of the
President of the Confederate States
reached Philadelphia, the loyal paper
which Mr. Forney (then as now) con
ducts, contained an earnest eulogy of
him.
Sentiments sucli as those coming from
the constant ami hitter maliguor, since t
the war, of everything Southern, would j
ic*nn to foreshadow the approach of the f
political milenninm, or, what in more j
probable, a complete change of front on j
the part of t!ol. Forney. Since this able
hut unscrupulous journalist first called
•'a halt," when Sumner’s Opposition to
the Santa Domingo j«d> proclaimed j
a revolt in the Radical ranks, Forney
eems to have been preparing for the
dorm which he was acute enough to see
approaching. Significant editorials in his
pa pci showed that all was not well,
and (Irant and Ids advisers, apprehend
,u;v and dreading his defection, offered
:t bribe. The Colleotorship of the Fort
of Philadelphia was tendered and ae
d.. tint in the meantime the Fib
oral Uepnbliean movement, was rapid- j
L .lining in strength, and Forney re
sight'd determined to abandon an of- !
which might prove an obstacle in
the way of future preferment. His next ,
nu ,ve was against the Administration
I oi.bdate for State oltiees in 1 Vnusyl
vauia. I Vnoueing the Convention ns,pa<-k ;
•al and its nominees as thieves, he and a
targe number of his allies gave their sup
port to the Itemoeratie candidates. He j
- till professes allegiance to Grant and op
poses (iroelev : but his advocacy of the
one is as weak as his opposition to the j
other. Since his return from Texas he
leis Inn'll excommunicated and read out
• f the part v by Senator Cameron and
Ur papers. Ik-fore November we proph
ecy that Forney will come over to ( nee
lev and bring with hima force strong!
enough to turn the doubtful scale of
battle in Pennsylvania.
n it.i notst the nomina
tion.
Our cotemporary of the Savannah
ws is tlat-footed in declaring against
the support of Horace Greeley and the
Cincinnati platform. It says:
We could not have supported ATr. ■
Greeley consistently upon a Democratic j
platform —how much less can we support
him upon the Cincinnati resolutions.
The adoption of those resolutions by the 1
Democratic Convention is an indignity
to the Southern people. ■ * > We
can neither support Mr. Greeley nor en
dorse his platform. Perhaps wo are ad
vocating what our neighbor of the Ite
jtublican calls “the policy of hate,” but
we tliiiik not. Perhaps our objections
to the resolution in question, amount to
a mere prejudice. If so, it is a preju
dice that is very dear to us, and one
which we tmst will cling to us now and
hereafter.
Heretofore, in political campaigns,the
candidates were supported on the
strength of their platforms. But in tins
canvass it will lie quite different. No
Southern man who votes for Horace
< ireeley can endorse his platform. There
are thousands of good and true men in
tin* South who will support Greeley as
the lesser of the two evils. For them
we have no word of reproach. We know
they are acting for what they conceive
to be the good of the country, and under
no circumstances could we doubt their
patriotism or mistrust the purity of their
motives.
i On the other hand, there are thousands
i who will refuse to take any part wliat
| ever in the campaign, whose motives are
i not to be questioned. We trust there
I w ill be no bitterness on either side, anil
, I we look to those presses which have an
i nonneed for Greeley and Brown to lay
i the usual asperities of political warfare
aside.
I The particular plank in the platform
which our cotemporary finds too full of
, splinters for the comfortable aceommo-
I I dation of its tender feet is the ninth
j resolution, which reads as follows :
We remember with gratitude the he
] roism and sacrifice of the soldiers and
I sailors of the Republic, anil no act of
! ours shall ever detract from their justly
earned fame or the full reward of their
patriotism.
| Against this the Nev.'s vigorously pro
i tests, as a lack of appreciation, on tho
part of Southern delegates, of the suffer
i ings endured and heroism displayed by
the veterans of Lee and Stonewall Jaek
| son, and asks to be excused from its
; support.
While yielding to none in apprecia
; tion of the courage displayed and the
sufferings endured by our Confederate
; soldiers in our unsuccessful contest for
principles esteemed dearer than life i
! itself, we discover brit little difference '
; in the spirit of that resolution against;
which our cotemjiorary specially tliun
ders, and the declaration of the National
Democratic Platform of 1808—
That the highest meed of patriotism 1
is due and should ever be extended to
all those who in the recent war periled ;
life or fortune for the maintenance of ;
the Union and the beneficent system of j
[American Government thereby estab
lished upon the fundamental principles j
set forth in the foregoing resolutions.
This declaration was certainly as dis
tasteful to the thousands of gallant sur- j
vivors of the .'(angiiinary struggle, who!
accorded it their hearty support ill the j
South, as the kindred declaration in the
platlonn of 1872. Any man who could !
uphold the one, certainly : honhl not
sink ninler the other. The leek is not j
more bitter now than then.
m:\\ COTTON i‘ii k ei;.
Anew cotton harvesting machine was !
exhibited recently, at the Cotton Ex
change, in New York. The inventor
claims that it will perform the work of
fifty two hands a day, collecting and
gathering into bags the cotton from
twelve acres, with the assistance id' two
men, one boy and a pair of mules. The
cotton plant passes between two sections,
and the foliage is left undisturbed for
the second and third pickings. After
the hags are filled they can bo conveyed
to the top of the machine and dumped
off as it turns at the onil of the row. It
is hoped that the invention w ill succeed,
bnt it is doubtful. For many years some
machine that will collect the cotton anil '
thereby save the labor of hands, who are
apt to fail the planter just, at this most
critical season, has been the one thing
needful for the proper picking of the
cotton crop of the South. Electricity
lias been tried; revolving bands have ;
been used, and many other things, but
nothing so far. except the hand, has been
able to perform the delicate operation of
separating the cotton from the boll.
Those who watch a skilled negro field
laborer go through n cotton row see an
exhibition that almost seems sleight of
hand, so quick and dextrous is his hand
ling of the plants. In view of what lias
been invented, it would be perhaps pre
sumptuous to say that a cotton, picking
machine never will be perfected. As
yet, at least, all have been failures.
CAMPAIGN NOTES.
Mr. Pnell, Chairman of the Columbus
(Ohio) Labor Reform Convention, says
that since the declination of Judge
Davis and Joel Parker, the candidates of
the Labor Reform party, that tho repre
sentative element of that party will unite
on the Cincinnati ticket anil give it hearty
support,
A report originating in the Cincinnati
Enquirer, to the effect that Richard
Smith, of the (tazettr, was engaged in a
movement to secure the withdrawal of
Grant in order to bring out a candidate
that would defeat Greeley, having ob
tained wide circulation, Mr. Smith auth
orizes its contradiction.
The Chicago News says: “Never be
fore has there been known such a gen
eral turning of political fronts as now.
Thousands upon thousands of Republi
cans wlio voted for Grant are now array
ing themselves on the side of Greeley
and Brown. This is not the case ill iso
lated States, but it is general.”
The Now York World prints a special j
telegram from Baltimore, dated the Slli, I
in which it is stated that the Cincinnati |
' Commx rcial would, on the next morn
ing, print an editorial renouncing its !
support of Horace Greeley, on the j
ground that it would be inconsistent to ;
advocate the nominees of the Demo- j
erwts.
The Hon. Fred. A. Pike, ex-member j
of Congress, from Maine, has written j
the Secretary of the Greeley and Brown
F.xeciitive Committee, stating that the
; political outlook in his State is hopeful 1
for tin* Cincinnati nominees, and that
; there is remarkable unanimity of feeling I
I among t.lie Democrats there in favor of i
that ticket's endorsement at Baltimore, j
Letters have been received from Ohio,
asking for campaign documents, an
nouncing the intention of several influ
ential men in the State to take the
slump for Greeley as soon as the cam
paign opens, and expressing the opinion
that there is not the least doubt but
Greeley will be triumphantly elected in
November.
The Corresponding Secretary of the
Greeley and Brown Club of Richmond,
Virginia, writes to Washington that
through its efforts the colored vote is
very much divided, and that Grant will
not got two-tliirds of the Republican
vote in that State, and very few Demo
cratic votes. Senator Sumner's speech
has been distributed among the colored
men, and the Secretary writes that tln-re
! is a great demand for it. and asks for
, more copies.
The Cincinnati Kngui r, • says in its :
issue of July 9th : “ One of the best j
informed of the Republican leaders in I
Cincinnati gives it as his opinion that ;
with the organization which the Liberals
intend to make in every ward and town
ship, w ith the support of the Republi
can papers they are certainly to have,
Greeley will receive as many Republi
can votes as Grant. Os course this,
added to the Democratic organization,
will make the majority perfectly over
whelming.’'
The Watertown Dispatch says : Our
Radical friends do not seem to have the
faintest idea of the issues involved in
the coming canvass. They talk as
though the contest was the old one. be
tween Democracy and Republicanism :
whereas, it is a struggle between the
friends of popular government and ring
government. The people are on the
one side and the office-holders on the
other.
The Albany Argus calls attention to
the fact that, although Grant was
nominated on the Gth of June, a month
ago, “ yet there has scarcely a demon
stration of approval, beyond the pur
chased tableau at Philadelphia, been
made in any part of the country.” The
people have no heart in the matter.
They have been looking in another di
rection, and their enthusiasm will now
begin to show itself.
THE TOOMBS BROWN-LOOII
KANK AFFAIR.
Gen. Toombs is ont in the Atlanta
Sun, of yesterday, in a lengthy card in
reply to ex-Govemor Brown and Judge
Loch ran e. Owing to its length, we are
compelled to content ourselves this
morning with a presentation of sucli ex
tracts as we can find room for. Gen.
Toombs commences thus:
Washington, Ga., July 11, 1872.
To the FAiturs of. the Sun :
A brace of ex-Chief Justices of this
State honored me with their notice anil
vituperation in the Constitution of the
; ltd instant. There were a tno of these
clu.ralie.rß <Tlndustrie engaged in the
transaction referred to. The third
member of the tiriu ( Mr. H. J. Kimball)
is absent from tho State, I suppose,
: “from circumstances beyond his con
trol.” These assaults excite no surprise.
Since the adjournment of that baud
of public plunderers whom General
Terry and Bullock installed, as the Leg
islature of Georgia in October, 1870, 1
have devoted much of my time and
strength in endeavoring to secure the
persons of these accomplices in guilt,
and -to preserve the evidence of their
crimes from destruction, until the
criminal laws could be enforced against
them, and a “free parliament of the
people” could assemble to aid the ad
ministration of justice, and wrest from
the grasp of tho spoilers so much of
their ill-gotten gains as might be within
the reach of law or legislation.
These efforts have not been wholly
unavailing and T trust I have been able
to render some small service to some of
the very able and efficient committees
whom the Legislature have charged
with tho consummation of this great
work. My small portion' of the work
has excited the deepest enmity of the
whole gang of spoliators against me. I j
accept it as some evidence that I have I
not labored wholly in vain.
It is worthy of notice in the beginning,
that not a single statement made by me
in the publication to which they refer, is
denied by either Loehrane or Brown.
They do not deny that they, in connec
tion with Kimball, engineered through
the LegiMature the resolution ceding
the Railroad Park property in Atlanta,
in the name of the heirs of Mitchell;
lior that the Legislature accepted thirty
live thousand dollars from their clients
in the face of a responsible offer of one
hundred thousand dollars for a quit
claim deed to the same property ; nor
that this action of the Legislature was
the result of bribery, pure and simple ;
nor that the acceptance of the thirty-five
thousand dollars in lieu of the one hun
dred thousand dollars offered under the
circumstances contained in the journals,
is conclusive of that fact. Here are the
specific charges contained in ray letter,
and the proof referred to, to sustain
them.
I shall dismiss tho reply of Loehrane
very summarily. Treachery, mendacity,
venality, servility to Bullock and the
Radical gang, rottenness in and out of
office since tho surrender, has so strong
ly stamped his character, that nothing
he eonhl now say—no new falsehood he
might utter, and no new crime, he might
now commit, would, in the least degree,
affect Ids public reputation or his pri
vate character where he is known.
He boasts of buying a large portion of
tho Park property, and of large amounts
expended in its improvement, when I
know that since that purchase, if pur
chase itTie, he Ims been compromising
his honest debts for about thirty cents in
tho dollar; and if the money for the im
provements came out of his purse, it
must have been acquired by his practices
under color of his profession, or his mal
practices on tho Bench.
In paying his respects to ex-Governor
Brown, Gen. Toombs says :
Ex-Cliief Justice Brown denies neither
of tho statements which I. affirmed. Ho
contents himself with quoting from my
letter, and then adding : “ Now if Gen.
Toombs, by this language, intends to
say that I have been guilty of bribery
in engineering this bill through the Leg
islature, I pronounce Ids statement an
infamous falsehood, and its author an
unscrupulous liar.”
He quoted the language, and there
fore knew I did not not “ say ” so. If
he felt in doubt about the intention—the
construction of the language—lie might
have asked for an explanation. The
propriety of this course is so obvious
that no gentleman could fail to perceive
it. Brown preferred hypothetical de
nunciation, the usual dodge of a vulgar
poltroon, and played his characteristic
role. He is extremely technical: “If
General Toombs intends by this lan
guage that /have been guilty of bribery
in engineering this bill through the
Legislature,” A-e. I think the proba
bilities are very much against Brown’s
being personally engaged in the bribery.
1 think he is too cunning and skillful a
lobbyist to run any such unnecessary
risks, especially with such experts as
Kimball and Loehrane, aided by Blod
gett, assisting him in the work of en
gineering the bill through the Legisla
ture.
! The plain history of the case, and the
examination of the journals of the Log
| Mature (the evidence to which I re
i ferred), will fully vindicate the correct
j ness of my opinion of the transaction.
) General Toombs adds a history of the
I case.
NO HEART IN IT.
The Detroit Tribune is the leading
Republican organ in Michigan, and has
at its mast-head the names of Grant and
Wilson as candidates for President and
Vice-President of the United States.
Yet it Ls evident that the Tribune can
have but little heart in the support of
that t icket. In a lengthy article upon
tin* publicly avowed connection of ox-
Govcrnor Austin Blair with the Liberal
Republican”, which is personally highly
favorable to llio ex-Govevuor, the Detroit
Tribute says :
“In the emphatic disapprobation with
which so many of the more intelligent
Republicans have viewed much that lias
happened at Washington during the last
two years, he has" fully participated.
The disposition at the White House to
; repose confidence in and give power to
• mere politicians ; the tendency to re
! gard the Government as an engine of
jobbery, and the Republican party as a
mere machine to advance the personal
1 interests of individuals ; the ill-timed
and senseless resistance to demands for
investigation : the insidious opposition
' encountered by the most important
schemes of reform—all these things have
j been perceived by Gov. Blair, have been
i steadily resisted* by him, both in his
1 votes and in words of bold denuncia
tion, and have unquestionably created
1 in his mind a bias, of which his present
■ action is but a natural sequence. "
Certainly no Liberal could have pro- j
sented the case in stronger terms than
the above.
Official Murders ts Arkansas —
Tin- Peace Which Grant Offers.—A
Little Rock (Arkansas; dispatch, under
date of the 12th, states that at a Clayton
political meeting, held in Pope county,
July 5, deputy sheriff Williams reported
that he had been shot at but not lmrt.
Sheriff Dodson, with a crowd of twenty
eight men, accordingly arrested Tucker,
Hale and son, and West, four prominent
citizens, whom Williams suspected. The
crowd started to take these men to Per
ry county, and under pretense of an at
tempted rescue they killed three of the
prisoners. The people in the county be
lieve the affair was intended as a pretext
for proclaiming martial law, and to in
timidate the anti-Grant men. Tope
i couitty has been peaceable for years, al
■ though the officials are mostly Clayton
j appointees. No civil process was issued
in the case.
According to the New Haven Register, '
reliable authority in such matters, the j
Liberal movement is going ahead at a
rapid rate in Connecticut. Greeley chibs j
are already organized in Meriden, Water
bary, Birmingham and Danbury, the
latter place having a club of 150 mem- i
bers, including one of the Republican ;
Representatives in the Legislature. In
other sections the ball is rolling glorious- j
ly WynJham alone claiming between
four and seven hundred pronounced
Liberals. From present indications Con
necticut will go for Greeley by not less
than 5,000 majority.
AUGUSTA, GA., WEDNESDAY MORNING. .TULA' 24, 1872.
DEATH OF HON, LINTON STE
PHENS.
Sparta, July 15th, 1872.
Editors Chronicle <fr Sentinel :
You, no doubt, with your readers, will
lie surprised and pained to hear of the
death of Hon. Linton Stephens, who
•lied in Sparta, at his residence, on Sun-
May evening last, the 14th inst., about
I half past five o’clock. He had been
! sick for several days, but nothing fatal
was apprehended until Saturday even
j ing, when he had an attack of congestion
I of the lungs and bowels, from which he
rallied. He had a second attack on Sun
day, followed by a third, which termi-
I nated in his death. His family and
[ several friends were with him when he
died. Our community was severely
startled at the sad intelligence, and w-e
all feel that we have sustained a gx-eat
and irreparable loss. In fact, it is a
heavy blow not only to the people in
this vicinity, but to the whole country,for
there was no one who had more the
good of his country at heart—no one
more earnest in the vindication of truth,
right and principle than was Judge Ste
phens-—nor any one more devoted to the
support of justice and honesty.
Georgia has lost one of her noblest
sons, and at this critical moment in our
States’s history—when we need so much
the counsel and giiidance of our truest
and wisest men. Now, when the strug
gle between the enemies of our State,
and the lovers of liberty and honest
government is at its highest pitch, tho
loss of his far-seeing intellect, clear, con
vincing reasoning and patriotic advice
will be most sadly and sensibly felt.
It is not yet determined where Iris
body will be laid, but we suppose lie will
be buried on his ijw., premises, A mes
senger was immediately sent to convey
the sail news to his brother, the Hon.
Alex. If. Stephens, at Crawfordvillc.
Between him and Judge Stephens there
has ever existed the strongest and most
1 1evoted attacluncut.
Ho leaves a wife, and six children ; and
as he was a true husband, and devoted
father, they will fold very deeply their
incalculable loss, but we earnestly hope
that our'kihd Father will, through His
tender mercy, sweeten the bitter cup,
and enable them to bear it with Chris
tian resignation. J propose) to write no
eulogy on this noble and true-hearted
man, for his virtues arc too well known,
and his reputation too widely spread
through our country for mo to attempt
any such tiling.
He lias gone—but his memory is so
indcllibly stamped on the hearts of
his numerous friends and admirers that
hia name will never be forgotten, and
always revered. W. It. D.
Editors Chronicle- <ti Sentinel:
Yon, Messrs. Editors, will believe im
plicitly What your correspondent now
says in regard to the reproduction of the
article sent you from tho Marietta Jour
nal, whatever others may think or pro
fess to think. Capt. Jones, of Whom
this article mak<?ft such honorable men
tion, is in no way responsible for its re
publication. We hail often heard, and
with the most unbounded admiration, of
Capt. Jones splendid conduct as the rep
resentative of the State’s honor, when
ho hail been put to a test, such as few
men have hail to meet. But the refer
ences to the ordeal through whieh lie
passed were only general, and were not
as circumstantial and graphic as the
grand occasion and historical truth de
manded. That Capt. Jonas’ noble and
heroic conduct in the face of overwhelm
ing power and remorseless oppression
will fill a page in our history no man can
doubt who has any faith left in manli
ness, and in tho moral sublimity of a
courage that is prepared for dungeons j
or death, rather than a dishonorable de- j
sertion of duty. From a most natural j
pride in the splendid behavior of Capt. [
Jones as a representative of the honor of I
Georgia and of the South, we sought, of!
our own motive and the most unselfish
purpose, to have his example more widely
published to the world and more chances
made for its perpetuation, AVe do not
seek to conceal the fact that Capt. Jones
is a candidate for office, nor are we igno
rant of the turn that many will seek to
give to this notice. Wo meet the risk
cheerfully and very frankly. It will un
doubtedly by some be regarded as an
electioneering device, and be sneered at
accordingly. Bnt many more will feel
their patriotic blood leap to tlieirhearts,
with glorious emotion, at the mention of
such a true courage, and dauntless, in
trepid virtue as this model man and offi
cer illustrated when tested by the “op
pressors’ wrong.” I ask, in sheer justice
to old Georgia’s honor and her record,
that you assist in giving this striking in
cident in our war experience to future
history. Onslow.
Note by Editors. —The following ex
tract from au article in the Marietta
Journal, to which our correspondent
“Onslow” alludes, is all that our limited
space permits ns to publish. We give
the salient points only of the Journal's
article:
I have a recollection of a scene j
which occurred in my presence in the j
“ old Capitol” at Miiledgeville a little
over four years ago. The Convention
then sitting iu Atlanta, after passing an
ordinance to raise a tax for pay of its
members, discovered that the money
would be tardy in coming in and order
ed, by resolution, that one of its mem
bers, whom it had made Financial Agent,
should go to Miiledgeville and draw
forty thousand dollars to find them
selves in victuals, clothing and refresh- j
incuts until the tax could be collected ;
and to make the matter sure, they got
General Pope to endorse the resolution
with his order to the Treasuaer to pay
the money.
The Financial Agent, who, by the way,
is the present Treasurer, proceeded to
Miiledgeville and presented the resolu
tion with its military endorsement at
tin* Treasury. I happened to be pres-j
cut, and I wish you could have seen the ;
quiet smile and polite manner of the old
Treasurer when lie handed back the pa
per and informed the bearer that he had j
no money in the Treasury appropriated ;
for that purpose, and that lie could not j
pay it. The Financial Agent seemed ,
rather at back and to think that he might,
not be believed when he went back and
i told tlio Convention that the Treasurer '
' had dared to disregard their resolution j
i anil disobey General Pope’s order, so ho |
requested, and the Treasurer gave him
in writing, his refusal iu these words, as ;
’ near as I can remember seeing them in !
1 print in the papers at the time : “The j
laws of Georgia, the oath of office I have
taken to support them, and good faith
j to my securities, prevent my obeying
! your* order to pay money from this Trea- j
urv under resolution of the Convention \
! now sitting in Atlanta. Very respect- j
fully, Ac.”
Well, sir, I was also present when,
Gen. Pope being removed, Gen. Meade
took command in Georgia, and, on the
refusal of Governor Jenkins to draw a
warrant for the payment of the Con
vention, issued an order removingjhfm
and Treasurer Jones from office. I saw
Gen. Huger and Capt. Rockwell when
they were introduced by Mayor Wil
liams, and the Treasurer rise to receive
them. At his request the officers took
seats. The General presented the order
of removal. The Treasurer received,
read it and remarked, “Having no
power to resist yon, sir, I have nothing
to say but that here is the office and its
furniture ; the vault key is in the door. "
! “ How much money is in the vault ?”
i asked General Rnger. “ None,” was the
I reply. “ Where is it, then ? ' “ That I
j can't tell ?” “ Don't you know ?” “Yes,
| sir.” “ Then you won’t tell ?” “ That
jis it, if you oblige me to say so.” “We
j can find means perhaps to make you
, tell.” “ You have the power, sir, to use
j those means, but having determined on
i my duty in this matter, I can give you
!no other answer.” “ Well, sir,” says
I Ruger, “I shall hold this matter under
advisement, meanwhile Capt. Rockwell
will relieve you from further duty
in this office." Capt. Rockwell iu
: quired what clerks were necessary in the
office, and requested to be shown how
the books of the Treasury were kept.
Col. Jones asked his clerk to open Capt.
R. a set of books of two or three years
back on a desk in the front office. “Old
books!” said Ruger. “Where are the
I>ooks of this year ?” “Pardon me, Gen
eral,” said the Treasurer, “until I make
my settlement with the State of Georgia,
as required by law; the books of this
office are my property, and upon their
proper preservation depends mj T reputa
tion, and perhaps the fortunes of my
securities, and of course I must refuse to
deliver or exhibit them,, except to
those who put me here.” Again a
hasty threat burst forth and was an
swered in the same firm, quiet man
ner as before. For severaj mo
ments not a word was spoken, every
thing still. I scarcely breathed; at
length a bright manly smile passed over
Ruger’s face, and with genial frankness,
turning to the Treasurer, he said, “ How
much money have you under your con
trol ?” and was answered in the same
spirit, “ About four hundred thousand
dollars.” “ What are von going to do
with it?” “It was appropriated to pay
the interest on the public debt, and take
up a few State bonds maturing this
year,” “ Will it require that amount to
doit?” “Yes.” “ Are yon. sure it will
be devoted to that purpose V” .“I am,
unless its depository is discffrorod and a
seizure made.” “Well, go on,” said
General Ruger, “ I see no reason
to disturb its destination. lam here as
temporary or Provisional Governor,
don’t know how long I shall remain, but
your State shall suffer nothing in public
or private by any act of mine.” The
two then walked out of the Treasury to
gether, and I could see that each had iu- I
spired the other .with that sincere respect j
that true gentlemen always entertain for i
those who prove their gentility by tlieir j
biaring. A few weeks thereafter, Colonel i
Jones was arrested by order of General ;
Meade* and paroled by General linger j
to the limits of the State. He remained
in arrest until the session of the Legis- ]
latino in July, ls(i8, when the present i
Treasurer was elected by the “Piebald |
Assemblage” of that year.
And now, Mr. Editor, iet me ask when
WO lack of gratitude for official duty
faithfully performed, where is there
better occasion for its exercise, than in
rewarding the brave man who risked
imprisonment, and probably his life in
sarin// the money and credit of the
State, even when urged by good friends
that lie could not suffer in person or
reputation by yielding to arbitrary
power. Suppose, for the sake of the
argument, that each had done the same
duty and braved the same dangers. I
hold that the meed of praise or (if you
think it due) gratitude should lie lie
stowed first on the first sufferer for
duty’s sake. The former Treasurer was
removed, deprived of his office to,which
his fellow-citizens, for tho fourth time,
had elected him as a tried, capable and
faithful officer, to make way for tho pres
ent incumbent, elected by tho “carpet
baggers,” Scalawags ami negroes, for
whom great merit is claimed and grati
tude is invoked because ho did not. help
Bullock, Blodgett, Kimball & Cos., to
steal what remains of our poor old Geor
gia. Mr. Editor, there is said to be rea
son in all tilings. The present Treasurer
lias held his oiliee almost four years, has
drawn tho salary allowed him by law,
$2,000 per annum, according to the re
port of the Comptroller-General. Last
Winter ho drew on Conley’s warrant
$7,415 20 interest on deposits of public
funds. Prof. Orr says on the school
fund, which he appropriates to his own
use under resolution of the last session,
“that the Treasurer should not be held
accountable for interest on deposits,
and lie has (according to (taskill) re
ceived remuneration from private par
ties for signing Bonds which ho
seemed to think it improper to sign, all
of which extra pickings brings his pay
for services to over four thousand dol
lars per annum. Finally, I would ask
did the present Treasurer lose by the
war ? If any thing, I have never heard
of it. Col. Jones’ dwelling and out
houses were burned, his stock driven off,
his furniture destroyed and his planta
tion devastated, while he in obedience
to tho order of the Legislature had
taken the Treasury of Georgia to a place
of safety, out of tlxe reach of Sherman
and his marauders, and which he brought
safely back to Milledgeville without the
loss of a dollar.
But what’s the use of talking? What
I write is to lie read by Southern men,
Georgians, Democrats and pondered on.
Right is right and wrongs no one.
Fiat Justitia.
LETTER FROM JUDGE TWIGGS.
Washington Cos., Ga., July 6, 1872.
Hon. 11. 1). 1). Twiggs — Dear Sir :
The undersigned, your fellow citizens,
being desirous of ascertaining your
views on the political questions agitat
ing the public mind at this time, re
spectfully request you to furnish them
with the same for publication. Should
this meet your approbation, an early
compliance will greatly oblige,
Your obedient servants,
J. E. Weddon,
Milo G. Hatch,
H. 1). Barksdale,
And many others.
Sandersyjlle, July G, 1872.
Gentlemen —Your letter of the 6th
instant, requesting an expression of my
political views for publication, is re
ceived. While lam sensible that the
humble opinions I entertain of the mo
mentous issues now agitating the coun
try will but feebly repay the trouble
you have taken to obtain them ; appre
ciating as I do the responsibility which
rests upon every man in tins great
crisis, who may contribute, however
feebly, to promote the spirit of concord
and reconciliation in the midst of the
dangers which threaten us, I will
frankly and cheerfully comply with your
wish. I am the more inclined to do this,
from tin* fact that some of the best citi
zens of Washington county, actuated no
doubt by the highest considerations of
patriotism, feel and express a decided
disinclination to support Greeley and
Brown, should the Baltimore Conven
tion endorse or nominate them on the
9th inst. To these, gentlemen, I will
respectfully submit a few words for their
consideration before concluding this
letter.
The cardinal and paramount object to
bo attained in the approaching national
struggle is the restoration of constitu
tional government to onr country. This
can only be effected by hurling from
power, while we have the strength and
the opportunity, the corrupt and infa
mous party, whose excesses and usur
pations, unless cheeked by the strong
arm of a united people, will soon sweep
away every Vestage of liberty, and trans
form our Government into a centralized
despotism.
The vital and pregnant issue to be
determined by#onr people is, whether
to accomplish this great purpose, it is
not better to form a temporary alliance
with those who in the past have been
onr political antagonists, than to live
longer under an administration whose
rapid strides to despotism threatens the
absolute annihilation of thefundamental
princples which underlie the govern
ment of our fathers. In all candor I
am free to say that, as far as individual
preference is involved, I am not a Urce
let) titan. I could never select volunta
rily for my standard bearer a man
whose life has been illustrated by a con
spicuous adherence to tenets and preju
dices totally at variance with the sym
pathies and interests of our people, and
whose dogmas and meretricious theories
have contributed perhaps more than
anv other influence to promote the
differences which finally led to a dis
ruption of our Government.
It is needless therefore to add, that I
would hail with joy any movement
which would even probably result in the
nomination and election of a straight
Democratic ticket, and wilj gladly con
tribute all the feeble aid I can command
iu the support of a Democratic nomina
tion, should the assembled wisdom of
the National Convention soon to con
vene at Baltimore determine upon such
a choice.
Whether such a nomination "would se
cure the triumph of Democratic princi
ples by a single handed struggle against
the united power of the Republican
party, is a veiy grave question—one
which lies in the womb of the future,
beyond the prophetic ken of any man,
and one soon to be submitted to the
representatives of our choice at Balti
more.
Should that- convocation, composed as
it will be of the wisest patriots, sages and
statesmen of the country, after earnest
consultation, and full and free discus
sion, conclude that the election of a
Democratic nominee would be hopeless,
and deem it best for the good of the
country and preservation of the Govern-
j rnent to lock shields with onr former
j enemies and unite in a determined effort
; to overthrow the common enemy, I ask
' can it be doubted that it is the high and
! solemn duty of all good Democrats to
; rally to the support of that ticket. To
! do otherwise would be to commit politi-
I cal suicide, and voluntarily forge the
: chains of slavery, to strengthen the
[ hands of onr enemies, and by onr own
folly to perpetuate a misrule, the fatal
consequences of which no man can well
calculate.
To sum up then, gentlemen, my an
swer to your letter in a nut shell, should
■ the coming contest be narrowed down to
an issue between Grant and Greeley, I
am decidedly and emphatically a “(tree
ley man ” as a choice of evils. I ask,
can auy saci-ifioe be too great, however
incompatible with our education or in
stincts, which will result iu the over
throw of Ulysses S. Grant, whose infi
delity and relentless persecution of the
Southern people has been the shibboleth
of his party, and whose nepotism, petty
piracy and ignoble instincts have ren
dered the high office he holds a reproach
in the eyes of the world ? Let us not*
my friends, be martyrized by a mor
bid adherence to (Quixotic and imprac
ticable theories which are embodied in
such vapid but rhapsodic language as,
“It is better to perish under Democratic
colors than to win victory in any other
way.”
We have had perishing enough, and
in my judgment we can’t stand much
more of it. These liigh-souudingphrases
make graceful periods in llamboyent
harangues, but this utopian Democracy
illustrated by such verbal sophisms does
not suit our people.
This is a utilitarian age, and the peo
ple who live in it are unwilling to sacri
fice the substance for the shadow. The
bone and sinew of onr country are hon
est and practical farmers, not knight
errants, or Don Quixotes, nor are the
horses they use in their honest toil
Rosinantes. T 1 icy don’t appreciate Bru
tus, and Timolean, the duty of killing
tyrants’ nor the blessed privelige of dy
ing for liberty and one’s country. Let
us away with such cant, fellow-citizens,
and be united, shoulder to shoulder, iu
the coining struggle, and let us cordially
support the nominees of the Baltimore
Convention, whoever they may bo. To
adopt auy other course would seem to
exceed in folly the dying and bed-ridden
patient who refuses to take the medicine
administered for the relief of liis malady,
because forsooth, the dose is a bitter one
and would nausea him.
But some ,of my good Democratic
friends say in reply to all this, “Gree
ley is no better than Grant. To take
Greeley is not a choice of evils, or, to
quote the more sententious remark of a
distinguished Georgian, “ the Devil is
better than either.” To such I desire to
say that this reasoning is both unwise
and illogical, and propose to suggest a
conclusive reply among many others
which might be made to this objection.
Even admitting for the sake of argu
ment, that the administration of Gree
ley would be characterised by bad faith
and perfidy to the platform of principles
adopted at Cincinnati, remember that
the election of Horace Greeley almost
necessarily involves the election of a
Democratic majority of Congress, and
to use tho language of a distinguished
orator who recently discussed this ques
tion, this in itself is well worth the
sacrifice. Os course a President is ut
terly powerless without the aid and co
operation of Congress, and Horace Gree
ley, if eleoted and was disposed to stulti
fy himself, would be as impotent to do
harm to tho country as was Andrew
Johnson to do good during his late ad
ministration. *
Are there any citizens of Washington
county who would not prefer Greeley
and a Democratic Congress, to Grant
and a Republican Congress. Let those
who do not regard Greeley as a choice
of evils answer this question; when they
have done so successfully, others may
be propounded, equally as difficult to
answer.
In conclusion, let mo say to my fellow
citizens, let us not be divided by useless
dissensions and embittering contro
versies, but let all who are opposed to
Grant and misrule, cultivate a harmoni
ous co-operation for tho successful ac
complishment of the greatest political
result which has ever awakened the
patriotism and aroused the energy of a
free people; and in tho language of
inspiration, forgetting those things
which are behind and reaching forth
into those which are before.
I am, gentlemen, with great respect,
H, D, D, Twiggs.
HUMORS OF THE CAMPAIGN.
Model Greeley Resolutions—By a
“ Red Hot.”
Wiikueas, The millennium lias dawn
ed, and the wolf is lying down with the
lamb, and the lion is eating straw like an
ox, and the abolitionists and secession
ists march under the same tlag, and
the Radicals and rebels walk arm in
arm, and the free traders and protec
tionists are cheek by jowl, and the
Irish and negroes eat of the same dish,
and Horace Greeley and Jeff Davis
sleep in the same bed, and the sucking
child is playing on the hole of the asp,
and women vote and ride a straddle,
and everything is lovely and the goose
hangs high ; therefore,
Jie.solved, Ist, That inasmuch as the
time has qome for all men to eat dirt
and turn somersaults, and no man thinks
what ho says, or believes what he thinks,
we unanimously recognize the absolute
equality of men, including negroes,
women and children ; that we believe a
mule’s ears are as short as a horse’s and
that the leopard can change his spots,
and that the negro is a man and a
brother, and having always favored his
admission to the ballot-box, we now
welcome him to tho social circle, hav
ing something of an idea that all the
world was bom of a monkey, that things
are not what they used to be, and that
there is a great deal of upside-downed
ness and downside-upward-ness, and a
bewildering mixed-up-ati ve-ness general
]y-
Resolved, 2d, That being in great
doubt whether the rebellion failed or
succeeded, and not being certain wheth
er Grant or Lee surrendered at Appo
mattox, and being of opinion that the
South was either right or wrong, and the
North was either wrong or light, and
that neither was either to hurt, we are
unanimously in favor of letting by-gones
be by-gones, of burying the Stars and
Stripes in the same grave with the Stars
and Bars, of mixing three parts of
“Dixie” with two of “Yankee Doodle,”
and of marrying the Union eagle to the
rebel buzzard.
Resolved, ‘M, That being a liberal
party, we favor liberality in all tilings,
in polities and in religion, in virtue and
in temperance, giving perfect freedom
to all, freedom to men, and freedom to
women, criticising no one’s opinions and
no one’s action ; pardoning an occasional
clean shirt and washed face ; neither
averring that there is a heaven nor yet |
denying that there is a hell; holding
the‘Almighty in proper respect, at the
same time not forgetting our old friend
Satan ; believing that nothing is up or
down, hnt that everything is standing or
sideways, aud in ail tilings holding very
fast wi th one hand hut altogether letting
go with the other.
Resolved 4th, That the Constitution
as it is is better than the Constitution
as it was ; that the Bible is all very w dl
in its place, but the Book Ot Mormon is
newer and the writings of Confucius
older, and everj r man is master of his
own conscience and conduct, and has a
right to make a god to suit himself ;
that free whisky and universal ignorance,
coupled with free love aud universal sal
vation, make earth a paradise and heaven
a certainty ; but that, nevertheless, all
things are turned round, and the times
are out of joint, every straight road is
crooked, the earth turns backward on its
axes, men walk zigzag, and their brains
are topsy-turvy, the world is all be
witched, and " a woman is the qoming
man. .
Resolved, Hth, That inasmnch as Judas
Iscariot, though once a wicked man,
afterwards become an apostle, and inas
much as Benedict A -mold shed blood in
defense of American liberty, and inas
much as Jeff Davis was not nominated,
we are heartily in favor of Horace Gree
ley, believing as we do that the Democ
racy is not dead, bat sleepeth, and that
all roads from Greeley go to Grant; that
Greeley was an original abolitionist and
an almriginal secessionist; that the abo
litionistE aud secessionists always worked
to the same end, and their present com
bination is only a renewal of past co
operation, and wonderful will it be in
the eyes of all men when the arch enemy
of the Ku-Klux becomes their chief cap
tain; when the prince of protection be
comes the king of free trade; when the
champion of temperance bears the ban
ner of the bar-room business, and Satan
leads the hosts of Heaven, then truly
shall the last be first, for great is the
mystery of Greeleyness.
BREAKING KaNKS.
Interesting Lettei—A Colored Alary
laud Grant Elector Repudiates tlie
Ticket.
[Front tlie Baltimore Evening Journal.]
Baltimore, July 8, 1872.
Hon, Harry Stockbridgc, Chairman
Baltimore City Delegation to the laic.
Republican Convention :
Sir — Pease accept for yourself and
colleagues from the 4th Congressional
District to the late Convention of April
24. 1872, my grateful thanks for the con
spicuous favor conferred by placing my
name ou the Grant Electoral ticket, ami
the assurance of my kindly appreciation
of this and other marks of confidence
during my participation in the politics
of my native State.
A profound sense of duty to my race
and the demands of au unselfish patriot
ism—superior to mere partisan require
ments—compel me to decline the honor
and sever mv connection with the Grant
wing of the Republican party.
T entertain the hope that at no distant
day colored men, as American citizens,
will rise superior to the apparent selfish
ness of their past political action—which
has too often been characterized by ad
hesion to men instead of devotion to
principles—-and that they will fully com
prehend tlie saorednesS of the ballot and
the higher duty of citizenship.
It is but natural that, in the past, col
ored voters should have been consolida
ted within the ranks of tliat party
through whoso instrumentality their
rights were in part secured, particularly
when the party was itself a unit, and the
rights of the colored citizen made a po
litical issue. But now,when some of the
best men and brightest spirits of that
party decline to act with it and join with
other citizens in the formation of a new
er and better party, with more advanced
and more practical ideas—within whose
ranks the rights of all men are assured
—it is an open question whether the
Liberal Republican party is not, after
all, the trite Republican party of the
country!
Now that, all men, of whatever ereeil
or political opinion, “accept the situa
tion,” recognize the rights of all men
and guarantee their maintenance, it is
but fair to suppose that the time is really
come to permit “ the dead past to bury
its dead,” and for all voters to “ eo me
up” to that comprehensive platform
which, while recognizing the equity of
equal rights, gives promise of perpetual
peace and prosperity to the whole coun
try.
la the looming Presidential campaign
it is of the first importance that colored
mon cast off the fetters of political vas
salage, ignore the tyranny of a falsi; and
vicious party discipline, and, like all
other men, exercise their political fran
chise according to the dictates of an
enlightened and untrammelled judg
ment.
Even were it possiole for .me to remain
on your ticket, I could not approve and
abet the bitter and continued factional
warfare for which the Grant party in
Maryland is remarkable, and which is a
dominant Characteristic of that party in
every State in the Union. Neither
would I, on any consideration, lend my
self to tlio basely, ungrateful task of
villifying and hounding life-long friends
of human liberty and of equal rights,
who, by their labors and sacrifices,
through a period of more than a quarter
of a century, have made it possible for
men of my race to enjoy the privileges
of American citizenship.
I have read carefully that elaborate
compilation of indefinite promise of the
Philadelphia platform, and bog to sug
gest that if, after more than eleven
years of supremacy and nearly four
years of absolute control of every de
partment of the Government, it is
deemed wise to be so prolific in platform
declaration, it is just possible that four
years longer lease of power will be in
adequate to the full performance of the
stupendous task marked out for the par
ty at Philadelphia.
“ That complete and exact equality fn
the enjoyment of all civil, political and
public rights, without discrimination on
account of race, creed, color, or previous
condition of servitude,” of which the
Philadelphia Convention gives assur
ance, is no doubt intended as a balm for
the colored voters of the country, and is
supposed to have great healing influence
though a Republican Congress, in ut
ter contempt of this and other promises
made at Philadelphia.
If this Convention was the concentrat
ed voice of the Republican party, speak
ing authoritatively for President, Con
gress and people, it is incomprehensi
ble why somo of these platform senti
ments were not at once crystalized into
Federal statute provisions.
I do not question the wisdom of this
eminently capable and respectable body,
nor do I doubt the sincerity of those
declarations ; but I cannot lose sight of
the fact that it is perilous in the ex
treme to entrust those vital measures to
other and future Congresses, which may
not, in the eternal fitness of things, be
in consonance with the Philadelphia
Convention.
I dissent, also, from the doctrine
enunciated that the enforcement of the
appropriate legislation made by the re
cent amendment to the National Con
stitution “ can bo only trusted" to the
Grant Administration,
If tlm tenure of Amevioan citizenship
depends upon tlio success of any po
litical party, and is necessarily jeop
ardized upon tlio periodical return of
each national political contest, then that
exalted right is more honorary than
honorable, and instead of being an ob
ject of just patriotic pride, would be a
boon unsought, and often despised
when secured. Os course J differ wide
ly from theso absurd pronfises—so an
tagonistic to the genius of our institu
tions—and hold that the exercise of the
rights and the employment of tho priv
ileges of citizenship by the colored peo
j pie of the country depends, not upon
1 the success of a political party, which
| is oftener factional or sectional than
j national, but upon the better senti-
I ment, broad charity, aud advanced civil
ization of tlio American people a;* a na
tion.
In tho light of t]|e limited intelligence
I am enabled to bring to hear upon the
issues now before the people of the
country, I am constrained to see in the
Philadelphia platform a confession of
weakuess. If any political party, after
three successive terms of the adminis
tration of governmental power, has need
of such profusion of promise, evidently
for the purpose of securing Votes to pre
petuute ifs existence, it is within the
pale of possibility that tho country will
survive its defeat, and go forward to the
accomplishment of its high destiny with
out the official guardianship of such a
party. i
I am persuaded that the Cincinnati ■
platform does not differ very widely in
declaration of principle from tlm fmda
delplna instrument, and shat all voters,
of whatever political opinion, can stand
upon it u'Unout sacrifice of principle,
and support tl(e Liberal Republican
nominees without stulifieafioy,,' And 1
| consider the endorsement of these candi
! dates by other than the Cincinnati Con
' vention as additional evidence of their
| acceptability to the American people.
' I believe it to be the duty as well as
right of every American citizen tq Gpsr- j
rise, his political prerogative freely and
fearlessly; and, qu qomisiou, give full c*x
presaion’tq ljis sentiments, while care-,
fully respecting the same duty and right |
|in all other men. Aud hi govern- ;
ments like ours, all effort to control the !
political action of the citizen by class,
caste, or sectional prejudice for infii •.
vidual, factional, ox partisan aggrandize- j
ment, if successful to any extent and j
through any considerable period of time,
will inevitably tend toward the subver
sion of the very objects for which co
operative or Republican governments
are formed.
In the performance of this duty as a
citizen, and iu the exercise of this un
doubted right, T shall, in my humble
sphere, advocate the obliteration of old
party lines and the sustenance of anew
ppgty, so composed as to give promise of
successfully mastering the problems of
the present and future, under the |
leadership of that grand old veteran of
| equal rights, Horace Greeley, whose
I record and whole life is a sufficient
j guaranty that the rights of all men will
! be protected under his administration,
i .lam not undmindful of the utter in
significance of my effort in this direc
| tion. Neither do I imagine for one
| moment that my opinion will affect the
I general result. Nevertheless, I shall en
, deavor to perform my whole duty, and
j shall accept cheerfully all "the conse
quences. Very respectfully, •
W. U. Saunders,
58 St. Mary’s street.
Dr. S. F. Sherman, convicted of caus
ing the death of Henrietta Ratten by
abortion in Washington last Winter, and
sentenced to the Penitentiary, has been
pardoned by the President,
NEW SERIES—VOL. XXV—NO. .30.
DECISIONS OF THE SUPREME
COURT OF GEORGIA.
Delivered iu Atlanta. Tuesday, July U.
1572.
[Reported Expressly for the Oonsti
tton, by Henry Jackson, Supreme
Court Reporter. ]
John D. Field and David Nichols, for
use of John D. Field vs. M. 0. Mar
tin, administratrix. Complaint, from
Lumpkin,
McCay, J.
Where F. and N. purchased land
jointly from M., giving their notes for
the purchase money and taking liis bond
for titles, and F. paid the whole of the
purchase money, and N. having died, F.
demanded tho titles to be made for him
self, and brought suit on the bond in the
names of F. and N. forF.’s use:
Held, That as tho purchase was joint
and the bond joint, it. was no breach of
the bond to refuse to make titles to F.
alone.
Held, further, That the suit could not
be maintained in the name of F. and N.
for the use of F., N. being dead.
Judgment affirmed.
It. A. Quillian, Wier Boyd, for plain
tiff in error.
H. P. Bell, for defendant.
Hayden Hughes vs, John B. Ooursey.
Injunction and bill for new trial, from
Laurens.
McCay, J.
I. In a motion for anew trial, on the
ground of newly discovered evidence,
the evidence is not cumulative if it re
fers to a material issue not made at the
trial, either by the pleadings or the evi
dence.
2. When a case was dismissed in this
Court, for want of prosecution, and it
appeared in a bill filed in the Court be
low for anew trial that the plaintiff’s
Counsel had been misled by a statement
of the defendant’s counsel, to the effect
that under the rules of tjxis Court the
ease would be put at the heel of the
whole docket, on agreement of counsel
and at the request of said defendant’s
counsel and solely for liis convenience,
he had so agreed, and lmd, in conse
quence, not appeared at the calling of
the ease, all of which was admitted by
said defendant’s counsel who assumed
the whole Illume of the non-appearance,
and admitt ed that the plaintiff was in no
laehess.
Held, That as the motion for anew
trial was meritorious, and the fault, of
its miscarriage was with tlie defendant in
error by his own admission, the Court
should have sanctioned the bill.
Lyon, DeGraffenreid & Irwin, Hansell
& Hansell, represented by B. 11. Hill,
Jonathan Rivers, for plaintiff in error.
No appearance for defendant.
John M. Kendall and 0. 11. Collins rs.
Mary Dow. Injunction from Dough
erty.
Warner, J.
This was a hill filed by the complain
ant as sole heir at law of John M. Row,
against the defendant, praying for an in
junction to restrain the sale of twenty
six lots of land in the county of Mitch
ell, which had been levied on as the
property of (Jlieever to satisfy a judg
ment in favor of Kendall vs. Cheever.
After hearing tho parties on a rule to
show cause, the Court granted the in
junction prayed for in complainant's
hill ; whereupon tho defendant except
ed. It appears from the record in the
case, that prior to the 11th day of Au
gust, LS7O, that Kendall, the defendant,
had obtained a common law judgment
against the administrator of Wm. W. ■
Cheever, which bound tlm property of
said Cheever for tho payment thereof,
including tlm lands now levied on in tho
county of Mitehell, which lands had
been conveyed to Dow, the complain
ant's intestate, by Wm. W. Cheever, in
his lifetime, for a valuable consideration.
On the 11th day of August, 1870, Messrs,
Hines & Hobbs, tho attorneys of John
M. Dow, et. al. , and Messrs, Vason & Da
vis, the attorneys of Kendall, entered into
a written agreement for the settlement
and adjustment of the claims of the re
spective patties represented by them as
attorneys at law, in the case stated. The
preamble to tlm agreement recites, after
stating the case of John M. Kennedy vs.
Wm. W. Cheever, complaint in Dough
erty Superior Court, that “ Whereas,
the plaintiff in the above stated ease
heretofore to-wit, at tlm term 185— of
the Superior Cap ft of Dougherty coun
ty, obtained a judgment at common
law against said W, W. Cheever, on
which judgment an appeal was entered
by said defendant, which is still pend
ing in said Court; and, whereas, the
lien of said common law judgment is
supposed to bind certain property here
in set forth. The agyeoment then pro
vides that in consideration of tho pay
ment of -iSX.UiKt, that the plaintiff may
take a verdict for tho amount of the last
verdict obtained in sudd cause, or dis
miss the appeal as plaintiff’s counsel
may see fit. In consideration of the
payment of SI,OOO, to be raised and paid
as stipulated in the agreement to said
plaintiff’s attorney, tlio said lien o# said
judgment shall he forever released aud
satisfied op the (olio,lying property, to
wit: all that property conveyed by W.
W. Cheever to Thomas fi Metcalf by
deed, which is of record in the Clerk’s
office in Dougherty Superior Court,
city lots 13, 44 and 84, on Broad street,
Albany, Georgia, and those lots conveyed
by W. W. Cheever and C. H. Purmalee to
John M. Dow, all of which said deeds
are of record. The question ip dispute
between the parties is whether by a fair
construction of tips agreement it was
the intention of the parties to it that the
Him of KnndMl’s judgment against tho
property of WAV. Clieovcr, in considera
tion of the payment to him of one
thousand dollars, should be released and
satisfied as to »fi tlio lots of land con
veyed by W. W. Cheever by deed to
John M. Dow (including tlio lands in
Mitchell county), or whether it was the
intention of the parties to relinquish the
lien of Kendall’s judgment i-jdy to such
lots of land as.had jviaHy conveyed
by Chef 3 yey anil I’nvuvdee t(» Dow. Oil
the hearing of the motion for injunction
several affidavit \ : .w read in evidence
tq tlm Court, including the affidavits of
tlm attorneys who m%lu tlm agreement,
as to what win the moaning placed on
the contract by the parties nm\ vuuiier
stood by them, at the. time if was made
under the provißhuV 6 °f the 2,714 th
section of tup Code. Upon, this jwdut
in, the easp tlm evidence is v (utjti'fini/ ft
v.us manifestly the intention of the
parties to release and satisfy the plain
tiff's judgment lien on Gheover’s proper
ty, and tlio words of the agreomont arc
broad enough to cover all the lots of land
conveyed by Cheever to Dow by deeds
then df record, as well' as all jfio lots
conveyed by Parrnaloe to Uy,.w by deeds
of record, unions it was the. iliteu
tioq und . understanding of the parties
at the tinpm that, the tohw-.o of the
lien of the plaintiff’:' judgment
should oply extend hi mmh lots of land
as wevu cupveyed jointly by Cheever aud
I’nrmuloe to Dow. J’ltniialeo does not
appear to have been a party to the sqjt
which was the subject matter u, she
settlement. The subject rof the
settlement was the i;U»w and satisfac
tion of the jdaintiiTs judgment lien
aganpff die property conveyed hy
ver; and if it was the intention and
understanding of the pip-lpca to, Dm agree
ment that the of the
plaintiff’a judgment lion should ,-t
---irtcU and and confined only to aimh lots
of land ps were conveyed by
Cheever and Dontulee, that is a ques
tion <A evidence which should be sub
mitted to the jury on tlio final hearing
of the cause. In our judgment, the
wordsof the agreement, when considered
in relation to tlm subject matter of it,
do not n<‘jt*fMrUy require the construc
tion insisted on by the plaintiff in error.
In view of the statepf,oid of facts alleged
in the complainant's bill, her remedy in
a Court us law would not be as adequate
and complete as in a CupD u# equity—it
will prevent a multiplicity of suits by
quieting the,title to a number of lots of
land by one final decree, and remove a
clqud from her title, if the allegations
in her bill be true.
Let tlm judgment of tho Court below
be affirmed. *
R. N. Ely, Yason A Davis, for plain
tiffs in error.
Hines & Hobbs, G. J. Wright, for de
fendant.
S. M. McConnell and S. Lovinggood vs.
Joseph T. Hamilton. Scire facias,
from Cherokee.
McCay. J.
The act of October 13th, 1870, requir
ing the affidavit of all taxes paid in pend
ing suits on certain contracts, applies as
well to proceedings by scire facia <* to
revive a judgment as to actions and suits
proceeding on such debts in the ordinary
way.
Judgment reversed. .
Lester & Thompson# for plaintiffs in
error.
No appearance for defendant.
J. M. Montgomery and R. M. Meroney,
executors, tw.*J« W. & S, tv. Pruitt,
et. al.
MoCay, J.
It is not necessary that the declaration
shall affirmatively show those to be
within the exceptions mentioned iu the
14th section of tho act of October 13tll,
1870, to excuse the filing of tho affidavit,
required by the 2d section of tho act.
It is sufficient, if tin* facts bo made to
appear to tho Court by proof.
Judgment reversed.
Cobb, Irwin k Cobb, represented by
the Reporter, for plaintiffs in error.
G. McMillan, for defendants.
Owen Smith, administrator, vs. W. D.
Ho,wolf, et. al. Complaint, from
Lowndes.
Where, in a suit pending on a promis
sory note dated before tho Ist of June,
1805, it appeared that tho suit was in
the name of an administrator, that a
widow and minor children where the
sole distributees of the estate, and that
the note had been takou by tho adminis
trator as part of the consideration of a
tract of land sold by him belonging to
the estate:
Held, That, prima facia, the note
was due to the widow and minors, and
within tho exceptions to tlm act of Octo
ber 13, 1870, so that the tax affidavit was
unnecessary.
Judgment reversed.
Peeples A- Siles, represented by C.
Peeples, A. H. llausell, for plaintiff in
error.
No appearance for defendants.
Ann E. Lowry vs. E. P. Williams, ad
ministrator. Injunction, from White.
Montgomery, J.
The discretion of the Court below in
granting or refusing an injunction will
not be interforred with unless it has
been manifestcdly abused.
Tn this case the remedy of the com
plainant for the grievances complained
of is ample at law.
Judgment affirmed.
Cobb, Irwin ,V Cobb, represented by
the Reporter, for plaintiff in error.
G. McMillan, for defendant.
J. T. Dasher vs. Virgil F. Dasher.-
Motion to vacate judgment, from
Lowndes.
Montgomery, ,T.
The entry of service on a suit by the
Sheriff is not conclusive of such service,
but may be traversed by the defendant,
at the first term after notice of such
entry is had by him and before plead
ing to the merits. Code, section 3204
Judgment reversed.
Whittle & Morgan, for plaintiff'in er
ror.
No appearance for defendant.
James A. Thomas vs. John Ti. Wolfo.
Complaint, from Laurens.
Montgomery, J.
1. Evidence that a promissory note,
payable “in any solvent notes,” was in
tended to be drawn, payable in any sob
vent notes of a particular estate, is im
material. Proof that tender, or payment,
was made in solvent notes belonging to
that estate would have been admissible
to show defendant's compliance or read
iness to comply with liis contract as set
out by tile plaintiff. Hence tho proposed
addition to the contract would not have
strengthened defendant’s case, and a
ft continauco moved for on the ground
of the absence of a witness by whom de
fendant oxpootod to prove tho proposed
addition was properly refused.
The offer of defendant to provo tlir;
same foot by his own evidence eras right
ly rejected for the same reason.
2. A promissory note, juiyahlo “in any
solvent notes,” requires tender or pay
ment iu notes solvent at the timoof such
tender or payment.
Judgment affirmed.
R. A, Stanley, J. Rivers, represented
by Newman & Harrison, for plaintiff in
error.
W. R. Doilgen vs. E. J. & R. A. Camp,
administrators. Assumpsit, from Mil
ton.
Montoomf.ry, J.
Where a parole contract is made for the
purchase of land, to bo paid for by in
stalments, and the purchaser enters into
possession under tho contract, with a
stipulation that if 1m should fail to pay
the first instalment when it became duo,
then lie was to pay fifty dollars as rent
(for which lie gave his note at tho time
lm wont into possession), but if lie paid
the instalments promptly, then no rent
was to bo charged, but his note was to
bo considered as for a part of tlio pur
chase money; and the vendor died be
fore the first payment fell due; where
upon his administrators, on tender of
payment at the time appointed, refuse
to accept the money as payment on tho
contract and afterwards’ rent the land at
public outcry, to tho purchaser, and re
ceive fifty dollars from him, subject to
future adjustment between them, aud
subsequently received from him through
their attorney, fifty dollars and fifty
cents, also to bo accounted for, and tho
administrator finally conclude not to
carry out the parole agreement of their
intestate for tho sale of the laud, but
sell it at administrator’s sale to tlm saino
purchaser, and require full payment of
him, without allowing any credit on tho
purchase money of the amounts paid
before the administrator’s sale, retain
ing tho whole of it as rent for the occu
pancy of the land from tho time pur
chaser went into possession, under tho
parole contract of sale, until the adminis
trator's sale; the purchaser is entitled to
recover back the amount of his note given
under the parole contrnctOf sale. Thopur
ohaser having gone into possession un
der the parole agreement, and given bis
note for fifty dollars, to be treated as
part of the purchase money upon condi
tion, and ho having complied with tho
condition required, the vendor or his
representatives must comply with the
contract oV repudiate it entirely. And
if they repudiate it entirely, it would bo
a fraud upon tho purchaser, who went
into tho possession under the parole
agreement to buy to hold bjm liable for
the rent of laud, which he might, per
haps, never ham ooilsented to occupy,
but fov the prospect of purchase Leld
out to him. The administrators, how
ever, are entitled to retain the amount
of the rent due under their contract of
rent with the plaintiff.
This not being a suit, to enforce a
contract, one of the parties to which was
dead, lmt an indeuiahis assumpsit to
recover back money paid to the admin
istrators on the contract, on account of
their repudiation of it, that contract not
being iu issue or on trial, the surviving
party to it was a competent witness in
bis own favor in tho present suit.
3. The jury having found for tho
plaintiff tlm whole amount sued for, to
wit : SUX) 50, not allowing the admin
istrators anything for rent under their
contract of rent for 18(2), the judgment
of the Court granting anew trial is re
versed upon condition that tlio plaintiff
will wrjtc off all of said verdiet but tho
amount of his note given to tlm intestate.
Judgment reversed,
H. P. Bell and Thomas L. Lewis, for
plaintiff in error.
No apjsmranoe for defendants.
Northeastern Raj,hroad. —The Ath
ens Banner gives the following us the
present status and prospects of this en
terprise ;
About $228,000 in luma tide stock has
been subscribed in all. it is the policy
of tlio Board not to commence opera
tions until at least $250,000 have been
subscribed. Wc doubt not that if the
]>roper efforts aro made, the additional
amount to make this sum cau be raised
in Athens, in a short time. This, with
the $15,000 per mile, of State aid, will
build the road, if not another dollar is
subscribed. But it is not tho intention
of the Directors to avail themselves of
the State aid, except so far a» is abso
lutely necessary. They desire to make
it an independent, individual enterprise,
and it is highly probable that before tlio
wurk is finished the company will be, übln
to surrender tlio bonds of the State, as
did the Air-Line Road-
We learn that the Board of Directors
have elected Dr. J. A. Hunnieutt in place
of Mr. It. U. Bloomfield, resigned ; aud
Judge Jeff Jennings iu place of Dr.
Willingham, deceased.
“ Brrr %oub Money on Horace.” —ln
a conversation with an old friend, Daniel
Drew recently said; “ I tell all my
friends that we have got to vote and
work for the old fellow because he is an
honest man and the only one who can
beat Grant.” He said it was a mistaken
idea that the Wall street bankers and
brokers were not for Horace Greeley,
aud assured his friend that they were
all for Greeley and Brown. “ Bet your
money on Horace," said the old finan
cier, “ if your want to win,”