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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (July 24, 1872)
OLD SERIES —VOL. LXXIX. Chronicle anti ijmfmcl. Terms of Subscription. DAILY. One month $ 1 00 I Three mouths 2.50 One year 10 00 TBI-WEEKLY. One your ? 5 00 Nil mouth" 2 50 WEEKLY. Sll tlOll)':., 1 00 Coe year 2 00 j 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,”
