Newspaper Page Text
Chronicle anti .Smftnrl.
WEDNESDAY JULY 24.
National Democratic Nominees.
FOR PRESIDENT,
Horace Greeley,
Op Ns* Yobk.
FOR VICE PRESIDENT,
J*. Gra t z Brown,
Os Missouri. _
NO WHOLE OR HALF WAY AID TO
ORA NT'S RK-RLKCTION.
On the ere of suiting to Enropc, as a
means of restoring his health, Senator
Bayard, of Delaware, has written a
lxild, frank, manly letter, respecting the
political situation and the duty of all
Democrats in the campaign just
entered upon. The following is the
text, as we find it in the New York
World :
Mv Dear Sib— I The peremptory orders
of my physicians compel me to obtain
absolute rest and quiet, and for this
reason I leave the country. My pas
sage has been engaged, and I shall sail
for Europe on Saturday, the 13th inst.
Although unfitted by my condition of
health, I felt it to be my duty to go to
Baltimore as a delegate to the Conven
tion, and it is in relation to the action of
that body that I wish a few words with
you, ami, through you, to my other
party friends in Delaware, before I
leave. I need not say to you or to
them with what astonishment and dis
appointment I heard of the nomination
of Greeley and Brown at Cincinnati,
nor how steadily and openly I have at
all times expressed myself in opposition
to the adoption of that ticket by the
Democratic party at Baltimore. But
the result has been accomplished, how
ever much against our will and efforts,
and it is our duty, calmly and steadily,
to confront the fact now presented to
our eyes. If the issues of the campaign
were those only of revenue reform, of
civil service reform—questions in which
pecuniary loss or gain to the public
were involved—l might be willing to
take no part in the Presidential contest,
but allow the demoralizing course pur
sued by Grant and his Administration
to be continued four years longer, trust
ing that the very extent and flagitious
nature of the notorious abuses would in
themselves so instruct the people that
they would recoil from placing further
trust in such hands. The natural ca
pacities of the soil and climates of our
country, together with the industry and
energies of our people, render the pro
duction of wealth (mere wealth) almost
boundless, and we can almost afford to
bear the results of financial blunders,
and, so long as they aro confined to
official circles, of public roberries and
peculations, provided we can in the end
buy our experience through the usual
methods of loss and suffering. But,
severe and painful though tlieso abuses
and their consequences may bo, they
weigh, to me, lightly compared to the
destruction of all the limitations upon
power which our written constitution of
government was designed to create, and
which General Grant and those who
assist him in administering the Govern
ment, including Radical majorities in
both Houses of Congress, seem either
to totally disregard or, as I have some
times thought, to take a scornful
pleasure in trampling under foot.
ft is utterly impossible for me, with
the scenes which I have witnessed in the
Hen ate of the United States rising be
fore my eyes, not to feel the gravest ap
prehensions and alarm at any prospect
ur suggestion of allowing the policy of
Grant and his Administration toward the
Southern States and their white inhabi
tants longer to continue, if any honora
ble act of mine can tend to avert so groat
a calamity. Can any man justly deny
that the condition of the people in the
Rheiaish provinces, torn from France
by the armed hand of Germany, is pre
ferable to-day in all that protects person
and property, to that of the white peo
ple in many of the Southern States un
der the Governments which Congress
has sot over them under the so-called
system of reconstruction, and which
Grant has upheld either by threats of
the bayonet or its actual presence in
those communities ? Ho and his party
have stood by for the last three years,
and have seen the South robbed, insult
ed, ami almost beggared by a motley
crew, all of his own political party, of
unprincipled political adventurers from
tlie North, and ignorant and vicious ne
groeH of the native population, and have
uttered no word of disapproval ; but, on
the contrary, have from time to time
lent the military power of the Govern
ment (as in the cases of the troops sent
upon tin' application of Governor Hol
den, of North Carolina; of Scott, of
South Carolina, nr liis own brother-in
law, Casey, in New Orleans) to maintain
in power these rapacious and dishonest
rulers whom the sufferings and discon
tent, of their people were threatening to
eject from office and power. Now,
whether I agree with Mr. Greeley per
sonally or no; whether he had or had not
been the steady and violent opponent of
the political principles and measures
which you and I have been upholding
all our lives; yet if ho lias become, with
or against our action or wishes, the most
likely or practical means of restoring a
better condition of feeling in the North
toward the South, and restoring securi
ty and justice to that oppressed region,
J should feel myself as an American,
without regard to the nanieof party—but,
without, sacrifice of any conviction in re
lation to my political principles—com
pelled to assist in placing him in power.
I say nothing now of his qualifications
or personal fitness for the place; I have
spoken of them heretofore, and against
my wishes and judgment the representa
tives of the party have placed him in
the candidacy, if there was any prac
ticable means of electing a man better
fitted for the place, and one whose po
litical career lias been in harmony with
your views and mine, I need not say to
you that I should strive to see such a
one chosen ; but the current of popular
opinion in this vast country takes
strange and oftentimes untoward direc
tions, and for good or ill sweeps us with
it. Sixty days ago the condition of af
fairs we now witness would have boon
deemed incredible, and any man would
have laughed at, as absurd and impos
sible, what we now see in fact and sub
stance. Events as they now confront us
wore shaped in opposition to our efforts,
and as they are we are not responsible
for them; but we are responsible for our
mode of dealing with them now; and I
hope our State Convention will prompt
ly and decidedly nominate an electoral
ticket in opposition to Grant and Wil
son, and in favor of the only candidates
who, as matters now stand, can be hope
fully expected to defeat them—l mean
Greeley and Brown, for whom I expect
to vote on the fifth day of November
next.. 1 hope to return home by the
middle of September, with my health
restored, and enabled to take part in the
political canvass. The subject to which
this letter relates has given me a gloat
deal of anxiety and distress, which I
know is shared by thousands of true
men of the same political party in this
{State; but I believe that my decision is
the right one, and 1 know that it is
founded upon honest motives. This
only alternative to a whole or half-way
aid"to Grant’s re-election may be hard
for us to adopt, but i think it is our
duty, and so I trust will you and the en
tire' Democracy of Delaware.
Yoiir friend sincerely,
T. F. Bayard.
Wilmington, July 11, 1872.
It is well known that Delaware voted
sternly and uncompromisingly against
Greeley aail Brown at tlie Baltimore Con
vention, ood that Senator Bayard, the
Chairman t*t the Delaware delegation,
spoke earnestly and eloquently, protest
ing against the adoption o{ the Cincin
nati nominees and platform. His speech,
for a time at least, was particularly dis
tasteful to a large mass of delegates
from the Western States, and at the out
set not received wit h that courtesy which
was due to a pure man, and as sterling a
Democrat as the Senator from Delaware.
But calmly and deliln'rately, hut with
•imperturbable resolution, the Senator
delivered his protest in the name of his
State and in behalf of his co-delegates.
Now, however, this sterling Demo
eiat who has never yet failed or faltered
iii devotion to principle, urges that the
Democracy of Delaware shall contribute
neither who’e or half way aid to Grant s
election, bnt shall support Greeley
and Brown. Notwithstanding a life-long
prejudice and antagonism, after a suc
cinct acknowledgment tliai it was im
possible to turn the popular title, in us
demands for Greeley and Browui ad the
exponents of peace and of the restora
tion of good feeling with constitutional
rights, Senator Bayard boldly and open
ly announces that his purpose is to de
posit his vote on the sth of next Novem
ber for the Baltimore nominees, "‘with
out any sacrifice of political principle,”
as * ‘the most liluely ami practical mean*
o/ rearing a better condition of feel
ing in the jXurih toward /fv.’ South , and
rrjstoriny seaut'ity and Juetifu to that
{*' South) region. ”
Perhaps no man is better acquainted
with the character and degree of suffer
ing which lias liofallen the people of the
South under Radical misrule and Grant’s
military administration of law. As
a meinlier of the Congressional Investi
gation Committee, lie came to Georgia
and other Southern States, and saw for
himself and heard for himself—mot the
worthless witnesses who were trumped
up to swear to lies to justify tyranny
learned their character and standing in
the respective communities —and met the
men who suffered in the swoat-box and
in the dungeon, and learned the pretext
by which, under military ]>ower, they
were made to suffer in their jiersons and
in their property. It is no affectation of
sentiment or subterfuge in political poli
cy which prompts the gallant Bayard
to declare that it is utterly impossible
for him to aid by any whole (as direct
opposition to Greeley and Brown) or any
lialf-way aid (as indifference and neu
trality in the election) to allow the policy
of Grant and his Administration to con
tinue longer, if any honorable act of liia
can avert so great a calamity.
All honor to the gallant Bayard. His
manly letter will be read with interest
by thousands in Georgia and other
States, and cherished in time to come
as worthy the humanity of a gallant
and good man.
THE GOVERNOR'S MESSAGE.
We present thin morning the full text
of the Message of His Excellency Gov
ernor James M. Smith. It came to hand
too late for comment in our present
issue, but from the known ability of its
able and truly patriotic author, wo feel
that we hazard nothing in commending
its perusal, as among the ablest State
papers which liavo emanated from the
many illustrious men who liavo adorned
the Executive Chair of Georgia.
PENNSYLVANIA.
The Philadelphia Press groans over
the fact that every Democratic news
paper in the State of Pennsylvania has,
since the action of the Baltimore Con
vention, declared for Greeley and Brown,
and asks whether the Democratic masses
will show the same facility in accepting
the Baltimore nominees.
Not only the “Democratic masses,”
but a large portion of the “Republican
masses” in that State aro decidedly in
favor of Greeley and Brown as against
Grant and Wilson. The loading Repub
lican journals in that State are pro
nounced in their opposition to the Radi
cal State ticket, and there is but a short
step from where they now stand to the
full support of Greeley.
Upon the whole, wo look upon tho
vote of Pennsylvania as certain for the
Haiti more nominees.
NORTH CAROLINA.
Tho canvass in this State is waxing
warm. Both parties are fully organized
and have their strongest men on their
respective tickets. The Democrats have
the intelligence and worth of tho State
on their side, while their opponents are
a motley crew of carpet-baggers, scala
wags and negroes, backed by the whole
power of the Federal Government and
the entire treasury of tho United States.
A large Democratic meeting wavs hold
in Raleigh on Tuesday last, at which
speeches wore made by ox-Son&tor Doo
little, Governor Walker, of Virginia,
Dr. If. V. M. Miller, of this State,
Senator Tipton, and several distingushod
citizens of tho State. Tho mooting was
very enthusiastic, and tho speeches of
tho several gentlemen wore delivered
with much effect, and our friends there
are confident of success.
“LOCAL REFORM IN SOUTH CARO
LINA.”
We have before us a pamphlot with
the above title, by Col. Win. 1.. Tron
liolm, of Charleston, S. C., a gentlo
man of flue abilities and of high accom
plishments. Wo most cordially recom
mend the article to all, but particularly
to our readers in South Carolina. It is
the most comprehensive piece wo have
read oil this subject, and shows more
grasp, and more manly readiness to
grapple with tho evils South Carolina
suffers from, than anything of its kind
we have met with. The article begins
with a brief survey of the condition of
the Slate at the close of the war, shows
in few words the policy of the Adminis
tration, its effects, tho mistakes made by
the people iu their effort to obtain a
more liberal government, tiro effort made
by the Reform movement of 1876 to
correct those mistakes, the causes of its
failure, and the prospect which now
opens for a more successful movement.
Tho style is terse and vigorous, and en
tirely free from all useless ornamenta
tion. We commend it, and trust and
think it will be most useful.
FORNEY AGITATE(> ABOUT GOV
ERNMENT COM PENBATION FOR
SLAVES.
Forney is greatly agitated—dreadfully
agitated. Os course lie is for Grant and
the immaculato Radicals, whoso highest
conception of “peace” is to fight for it;
and of public policy is to enforce as late
whatever the Radical party may clothe
in the form of law. Nevertheless, For
ney is terribly agitated. 110 says he
respects Greeley as a very worthy man,
and has nothing to urge against him,
except that he has formed a coalition
with the Democrats for the overthrow of
a military government and the ro-estab
lishmont of a civil authority under tho
constitution as tho paramount power,
lie says that “it will not help tho cause
of the Republican party to abuse and
disparage Charles Sumner” because of
his terrible philippic against Grant.
Hartranft, the Radical candidate for
Governor of Pennsylvania, who earned
limn Is at the scaffold of the unfortunate
Mrs. Surratt, ho declares will lose tho
State to the Republicans by forty thou
sand majority.
F.ut, tlie special cause of tribulation is
that Greeley’s election (which he half
way concedes) will bring compensation
to the Southern people for slaves emanci
pated by Lincoln’s proclamation. He
is very sensitive. His words arc re
markable. We quote without comment—
literally except to italicise a single line
which concedes the justice of tlio claims
for compensation which the colored
population would hail with delight as
quieting all their troubles for the future.
Tlie Press, of the 13th of July, says :
If through the Greeley coalition the
ex-rebels of the South should themselves
become again the controlling element of j
a majority party, with a President and
Congress' subservient to their wishes, is
it not more than likely that they would
demand compensation for tlieir emanci
pated slaves ? Remembering that Mr.
Greeley advocated compensated emanci
pation in 18(52, and no doubt from a
sincere belief that it was just, ho might
not as President regard the elaiii* as pre
posterous, oven at this late ilav. Tho
D emoeraey at Baltimore adopted with
out change the Cincinnati platform,
whose seventh clause says : “The public
credit must be sacredly maintained, aud
tee denounce repudiation in every form
nr guise." Once restored to power,
mainly by the vote's of tho Southern
States, this party might be disposed to
give the widest construction to this
plank of tlieir platform. Tho slave
owners would unquestionably present
their bills to the National Government
and urge, not without a sjjeeious show
of plausibility, that the taking away of
t'hi ir valuable slave property without
reimbursement was repudiation under
the guise of, a war, and that therefore
the new Administration was pledged by
the Baltimore platform to pay them.
Abont a week ago, in .Arkansas, as a
widow woman named Goens was passing
Now'ton Moore’s house, seven or eight
m iles we Q t of Walnut Hill, she was at
tacked by a pack of dogs, aud literally
torn (b* pieces. She lived bnt a few
hours, wtmu death »lieved her 1 mangled
form of its ixxrucbßing pain. Since the
above, another uidividmJ was attacked,
bat escaped, after a desperate struggle
wi tlx the same pack.
The vetera* financial editor, par ex
ceileueo, in the United States, is Mr.
Sailer, U the Philadelphm ledger. He
has written (the MWUey article for that
journal there lor of thirty-two
years aud over. ,
GOVERNOR'S MESSAGE.
Executive Department, (
Atlanta, July 17, 1872. )
7b the Senate and House of Represen
tatives :
It is made my duty by the Constitu
tion to give to the General Assembly in
formation of the state of the Common
wealth, and to recommend to tlieir con
sideration such measures as may lie
deemed necessary and expedient for the
public good. I approach the discharge
of this duty with a feeling of diffidence,
produced by a consciousness that the
subjects before me will require a more
extended notice than I shall be able to
bestow upon them.
When I entered upon the duties of the
Executive office, in January last, great
confusion existed iu almost every depart
ment of our public affairs. Our finances
were in the utmost disorder, and the
stock boards of this country and of Eu
rope had been flooded with* bonds, pur
porting to have been issued by this
State, bnt yet regarded as of doubtful
validity. The administration of justice
had been rendered ineffective by the
abuse of the pardoning power ; the con
fidence of tlie people in their public ser
vants had been impaired by the faithless
conduct of leading officials, and a feeling
of general distrust and insecurity pre
vailed. The civil authorities had so long
been subordinated to military power,
that many true men had reached the
melancholy conclusion that civil liberty
had already ceasod to exist.
The earnest efforts of every depart
ment of the Government have been di
rected to tho correction of these abuses;
and if tlieso efforts havo not yot proved
entirely successful, it has been because
the evils songbt to bo remedied wore
manifold and dooply rooted. Evil, tho
result of years of misrule, cannot ho ex
tirpated in a day. Much patient labor
yet remains to be done, and in its per
formance I earnestly invoke tlio assist
ance of tho representatives of tho peo
ple.
rtJBMO DEBT ANI) FINANCES.
By a legislative act, entitled “an act
to protect the people of tho State of
Georgia against tlie illegal and fraudu
lent issues of bonds and securities, and
for other purposes connected with tlie
same," passed December ‘J, 1871, it was
provided that a joint oommittoo of tho
Senate and nouso of Representatives
should bo appointed, whoso duty it
should be to ascertain and roport tho
number of bonds and endorsements
which had been issued and put into cir
culation by Rufus R. Bullock, late Gov
ernor; tho aggregate amount thereof, by
whom the same wore sold, tlio amount
of money paid therefor, the times when,
and the persons to whom such payments
wore mado, and all other facts connect
ed with tho history of said bonds.
The committee appointed by virtue of
this act will submit their roport, T learn,
during tlie present session of tho Legis
lature. While it is proper that I post
pone any extended remarks upon the
classes of claims and securities mention
ed in tho act, until after the information
collected by tho committee shall have
been laid before you, yet I feel constrain
ed to say that, in my opinion, the Slate
is bound for tlio redemption of only
such obligations as have been issued in
conformity with law. If money raised
upon unauthorized securities has come
into t.ho Treasury, the State is bound to
account for tho same. Bnt considera
tions of public policy forbid that the
State should recognize as valid and bind
ing any contract entered into by any
porson not authorized to make the same.
'Clio Governor lias no authority, by vir
tue of his office alone, to issue bonds of
the State. To do this, lie must be spe
cially authorized by a legislative act
passed for that purpose. Wlion so em
powered lie becomes a special agent, and
cannot transcend the limits of tho grant
conferring his powers. It is a well es
tablished principle that persons having
dealings with public agents, in matters
like this, are strictly bound to look to
the authority of such agents.
The following is a consolidated state
ment of tho existing debt of tho State,
created before tlio fourth day of July,
18(18, showing tlio amounts and dates of
the issue and maturity of tlio bonds:
Wlion issued. Amount.
1842 au.l 1362 1872 if,50,000 00
1812 and 1813 1873 137,000 00
1811 and 1818 387-1 251,500 00
IK6B 1878 100,000 00
IKSO 1879 200,000 00
| S ,;(| | 1880 200,000 00
IHC.I .... 1881 100,000 00
i lss? 3,600.000 00
(irand total. 7.T. .j j. .*5,238,500 00
From tlidtorogoing tabular statement,
it will appear that the total amount of
our bonded debt, contracted prior to
July 4, 1808, is $5,238,500.
To meet tho bonds falling duo tho
present Summer, the Governor was au
thorized to issuo bonds to tho amount
of $700,000, due in twenty years, and
bearing interest at a rate not exceeding
seven per cent, per annum, payable
semi-annually. As required by tlie pro
visions of this act, I liavo caused bonds
to bo prepared, and tho samo aro now
being used in exchange and redemption
of the old bonds falling dun the present
year. By the third section of the act, a
temporary loan was authorized in a sum
not exceeding $300,000, for tho purpose
of paying the semi-annual interest, due
the present Summer, upon the bonds of
tlio State issued before the Ist day of
.Tune, 1808, which loan, it is provided,
shall bo paid back out of the moneys re
ceived from the taxes paid into tho
Treasury during the year 1872.
Acting under the authority thus con
ferred, T borrowed from the National
Bank of Commerce, in Now York, the
sum of $200,000, at seven per cent, per
annum, to bo repaid on tho first day of
December next. This sum was placed
to the credit of tho State on the 29tli
day of June last, and is sufficient to pay
the interest falling due upon our old
debt in the months of June, July and
August.
An arrangement has also been effected
with tho National Bank of Commerce to
net as tho agent of tho State in exchang
ing the old for the new bonds falling
due this year. This arrangement is as
follows : An offer is made to tlie lioldors
of the old bonds to excliango therefor
tlio now seven per cent, bonds author
ized to be issued by said act. In the
event this offer shall not bo accepted, it
is proposed that the semi-annual inter
est shall continue to he paid upon the
old bonds until tlio State shall be able
to redeem tho same This arrangement
is tho best that could bo effected in the
present condition of tho public credit,
and it is believed that it will give satis
faction to our creditors. There exists no
law authorizing the payment of interest
upon tlio old bonds after their maturity,
but Vicing satisfied that the proposition
to that effect, embraced in tlie arrange
ment above referred to, if carried out,
will be promotive of tlie public welfare,
I respectfully recommend that the same
be approved by the Legislature.
In effecting these arrangements, I
have to acknowledge tho obligations
under which I rest to the Hon. Charles
J. Jenkins, who, while refusing all
pecuniary compensation therefor as tho
agent of the State, brought to my aid
the benefit of his well-known wisdom
and experience.
By the wasteful expenditures of tlio
late administration, tlio State was de
prived of the means of paving the semi
annual installment of interest upon the
public debt, and to supply such means
it became necessary to resort to the
doubtful expedient of a short loan. The
necessary effect of this will be to placo
three semi-annual installments of in
terest on tlie public debt upon tho
revenues of the present year. In De
cember next, we shall have to pay the
temporary loan contracted to meet the
interest falling due Uiis Summer. Then,
following closely in January and Febru
ary thereafter, another semi-annual in
stallment will fall due. This wo shall
probably be able to meet without serious
difficulty. In June, July and August of
next year, however, another like install
ment will become dim, and will bo upon
us before the taxes of next year pan be
collected. The temporary loan just ne
gotiated should be promptly paid at
maturity, and provision be made to meet
future installments of interest without
recourse to temporary expedients.
It is of the highest importance that
the erf si it of the State lie fully re-estab
lished, to tho end that tho heavy burdens
now resting upon tho people may be re
moved as speedily as possible. The
present impoverished condition of tho
country, produced by the late civil war,
the disorganization of our lalxir system,
and the wasteful extravagance which
characterized the acts of those lately in
authority, render tho practice of the
most rigid economy indispensably ne
cessary. Onr resources should be hus
banded, onr expenditures confined with
in the strictest limits of necessity, and
public officials held to rigid accounta
bility. By a wiso, honest and faithful
administration of the government, the
public credit will soon be restored, and
the people be relieved of the weight of
taxation which now oppresses them.
FLOATING DEBT OF WESTERN AND ATLANTIC
RAILROAD. 1
Yonr attention is also respectfully 1
called to tho propriety of making pro
visions for tho payment of the floating
debt of the Western and Atlantic Rail
road. The annual roport of the Comp
troller General, herewith transmitted,
shoK that there was paid oat of tlie
public Treasury during the year 1871, to
claims belonging to the class just named,
tin- sAua of $453,089 92. There is still a
large numlit-r of ii}ch claims outstand
ing, a portion of which have hum audited
by the commissioners appointed by the
Legislature, iu the act approved October
24, 1870 ’
At tlie late session of the General As
sembly a committee was appointed with
power to investigate the conduct of the
said commissioners, and to inquire
whether any claims had been allowed by
them after being rejected by the Legis
lature or by the Courts, or whether any
claims had l»een allowed which hail been
barred by the statute of limitations, and
whether any fraudulent and illegal
claims had been allowed, and upon what
evidence. No warrants liavo boon issued
for the payment of these claims since
my accession to office. It is a matter of
donht whether any appropriation exists
for their payment, and I deemed it prop-
er and respectful to await action on tlie
part of the Legislature, before directing
further payments to be mode.
I would also call your attention to the
fact that there is outstanding a large
amount of claims against the State in
the form of change hills and notes is
sued during the late war, and others
bear date as far back as tho time when
tho road was being constructed. I have
beou informed that it has been held by
tlie Courts of Tennessee that the full
amount spocified on the face of the
cliango bills issued during the war is re
coverable. Iu view of tho fact that
much litigation may ariso, and groat ex
pense be incurred in suits brought in
the Courts of Tennessee for the collec
tion of these hills, I respectfully recom
mond that some provision lie made
whereby these evils may be avoided.
LEASE OF TUB WESTERN AND ATLANTIC
RAILROAD.
The attention of tho Legislature has
never been formally called to tho lease
of the Western anil Atlantic Railroad,
and I, therefore, transmit herewith
copies of all tho papers of record anil
on file in this Department referring to
the samo.
From tlieso papers it will appear that
on tho 27th day of December, 1870, my
predecessor leased tho road, its rolling
stock and other property, for the term
of twenty years, for the sum of $25,000
per month, or $300,000 per annum. This
rental lias been regularly and punctual
ly paid. Tho terms and condition of
the lease are fully set forth in the ac
companying documents, and need not to
be recapitulated boro.
The circumstances attending this
transaction, from its inception to its
consummation, havo excited great inter
est in tho public mind, and liavo boon
tho subject of much diverse criticism.
In consequence of this fact, tlio Legisla
ture at its lato session, by a joint resolu
tion, provided for the appointment of a
oommitteo, whoso duty it was mado to
investigate and report upon the loaso.
This committee, 1 am informed, will
submit tlieir report during your present
session. Aliy discussion of the lease,
therefore, at this time, ami in advance
of the official evidence, might justly be
deemed premature.
Tho magnitude of the interest involv
ed, and tho concern which tho transac
tion lias excited in the public mind, ren
der it proper that I should invoke at
your hands, whenever you shall feel it to
ho your duty to take up this important
matter for consideration, tho exercise of
your highest wisdom and justice. In
the discussion which will doubtless
arise, I feel assured that you will lose
sight of neither the true interests of the
people, the honor and dignity of the
State, or tho rights of tlio lessees.
POPULAR EDUCATION.
I transmit herewith tlie report of the
State School Commissioner upon the
present condition and wants of our com
mon school system, to which I respect
fully iuvito your attention.
Tho attempt to establish tho common
school system in this Stato has not been
crowned with tlio success which was an
ticipated. It is not difficult to under
stand the causes which have led to this
result. In the impoverished condition
of tho peoplo, it has boon found imprac
ticable to raise tho means at once to car
ry into successful operation a system so
expensive, without too great an ineroaso
of taxation. Even tho scant menus
which have come into tho Treasury, and
which by the Constitution were sot apart
and devoted to common school purposes,
have been misapplied.
By order of tlio General Assembly, in
tho year 1870, tho sum of $242,027 02,
belonging to tho school fund, was taken
from tho Treasury. Soon after this was
done the Legislature passed an act es
tablishing a common school system. Tlio
grave wrong was committed of first mis
appropriating tho school fund, and next
of establishing a cumbrous and expen
sive system, requiring for its successful
operation a heavy outlay of money. No
sufficient appropriation was mado for
defraying tho expenses of tho system.
Tho necessary consequence of this un
aviso procedure was, that hoavy debts
were contracted in tho employment of
teachers, and for other purposes. Tho
law, as it now stands, although an im
provement upon previous legislation, is
still very defective. Tlieso defects are
pointed out in the report of the Commis
sioner, and the necessary remedial legis
lation suggested. I cannot too urgently
rocommend that provision ho at once
mado for paying tho just claims of
teachers.
When the school fund was taken from
tho Treasury, cortain bonds of tho Stato
wore depositoil in lieu of tho samo. Tho
Governor was authorized to sell these
bonds to raise money to pay the teach
ers, but the power to sell was expressly
made dependent, upon tho condition that
such sale could be mado without injury
to the public credit. Upon inquiry made
of the Treasurer, I found that tho bonds
bore litllgraphed coupons, and in liis
judgment were so defectively oxecuted
as to boos little or no value. As an
evidence of this, it was stated that they
had boon offered by the late Governor in
the Now York market, but a sale of them
had been found iin practicable, except at
a ruinous sacrifice.
Being satisfied that the more fact of
these bonds, thiisexecnted, being placed
upon the market would greatly impair
' tho credit of tho State, I deemed it to
lie my duty to defer any attempt to sell
them, and to submit the matter to the
General Assembly.
AGRICULTURAL LAND SCRIP.
By an act of Congress, passed in tho
year 18(52, donations of land were offered
to the States for tlie pnrposa of estab
lishing agricultural unit mechanical col
leges, Tlie States accepting tho dona
tions were allowed until tho second day
of July, instant, to establish the colleges.
Tho scrip isstiod to tlio State of Georgia,
under tho provisions of said Congress,
was sold by my immediate predecessor,
at ninety cents per acre, making thesnin
of $243,(MX). Os this, the sum of $50,400
lias been received. The remaining por
tion will not become due until tho third
day of July, 1873.
Finding that tho time in which tho
college in this State must bo established,
if at all, would expire bofore the moot
ing of the General Assembly, and fool
ing unwilling to apply to Congress to ex
tend the time, for the reason that such
application in all probability would havo
boon used as a pretext for attaching to
tlio donation conditions which would
have rendered the same odious to the
people, I determined that, it was my
duty to exorcise the power conferred
upon the Executive liy tho Legislature,
and to save this important fund for our
peoplo. The question arose, how could
this host bo done ?
In looking over tlio State it was found
that we had several excellent institu
tions of learning, and that tho people in
several localities desired to havo tho col
lege established in tlieir midst. This
was natural and praiseworthy. But my
duty was plainly pointed out by law, and
bevond this I could not go. lho act of
the Legislature, approved Docember 12,
1866, conferred upon tlie Governor all
tlio power necessary to save tho fund to
tho State. Tho act of Congress, how
ever, making tho donation, required that
the college should be actually establish
ed bv tho 2d day of July, 1872. There
was no such college in existence iu this
State, and TANARUS, as Chief Executive Officer
under the Government, had no authori
ty to create such an institution. The
Legislatnte had failed to organizo a col
lege for this purjsise, or to dispose of
the fund, and would not reassemble m
time to take tho neecssary action. YV hat
then could be done ? „
By the terms of its charter, tlie Trus
tees of the. University of the State,
located at Athens, and already In suc
cessful operation, possessed ample pow
ers to establish such a college as that
described in the act of Congress making
the donaiion, and it was only by the
prompt exercise of these powers by the
Trustees that the fund did not become
forfeit. The Trustees held a meeting
in this city, on the 13th day of March
last, when they organized a college in
conformity to the law granting the do
nation, made formal application ter tho
use of the fund, and received an Execu
tive order bestowing the same upon the
University. .
I herewith transmit copies of tho pro
ceedings had at said meeting of the
Trustees, and of tho Executive order re
ferred to. . „ , ~ . .
It may be remarked that the aot of
Congress prescrilied the conditions upon
which the donation was made. One of
these conditions required that the State,
upon accepting the donation, should
become bound to proservo the fund, and
to see that no part of the same was lost
or misapplied. Tlie acceptance of the
fund made the State a trustee for the
uses declared in tho act creating the
trust. To enable the State to perform
its dntv, and to protect its fund, it was
manifestly necessary that the wine
should be kept within the control of the
Legislature. The University is a State
institution, and the action of the Trus
tees may be reviewed by the General
Assembly. This is true of no other in
stitution of learning in the State. In
granting the nse of the fund to the
University, therefore, I was careful to
place it where the Legislature would
still retain the power to interpose for
its proper application and preservation.
No part of tho principal fund, or of the
interest, could be appropriated to the
purchase or erection of buildings for
the college, but no delay wits occasioned
on this account, since there were already
suitable buildings belonging to tlie
Univerity, which could bo used for that
purpose.*
For these and othor reasons which
might be given, I deemed it to be my
duty to savo tlie donation in the only
practical way left open to me, and to
grant the fund to tho University of tho
State.
It may be added that the college went
into operation on the first day of May,
under the most promising auspices, and
that there are already abont one hun
dred students receiving instruction in
tho samo free of charge. Tho prospect
is that this number will be largely in
creased, and that tho State, so far at
least as hor agricultural and mechanical
interests aro involved, will soon enter
upon anew and more prosperous career.
What wo most noed is thorough and
practical education, and this the new
college promises to seeure to all classes
of the people—to tho poor as well as to
the rich anil more fortunate.
PENITENTIARY.
By authority of tho act approved Do-1
comber 14, 1871, authorizing the Gover
nor to farm out tho convicts in the peni
tentiary, I proceeded, after duo notice
given, to lease the same for the term of
two years, to Messrs. Grant, Alexander
& Cos., at tho sum of fifty dollars per
capita per annum. The number of con
victs in tho penitentiary on tlie day the
lease vAis executed was 432. Tho num
ber on tho first of this month had in
creased to 475. Thirty-two havo been
discharged iu the meantime, tlioir terms
having expired.
This marked increase in tho number
of convicts is not duo to any augmenta
tion of crime in tho State, but is believed
to bo tho result entirely of a moro rigid
and proper enforcement of tho laws.
This institution heretofore has boon a
sourco of expense to tlio Stato. Under
tho present arrangement, liowovor, it is
not probablo that any appropriations
will become 'necessary for its support and
maintenance. On tlie ooutrary, it will
probably be productive of considerable
revenue.
PARDONING POWER.
It may be here remarked that in tho
present state of society, I have felt it to
be my duty to confine tlio exercise of
tho pardoning power within very strict
limits. Courts and juries constitute
tho proper tribunal for the trial of crimi
nal offenses, and it is no part of the duty
of tlio Executive to intervene to screen
the guilty from punishment. The theory
of the law upon this subject is, that
when guilt has boon ascertained in the
manner prescribed by tho supremo au
thority, the interest of society demands
that the offender be punished. The
most painful duty which devolves upon
the Chief Magistrate of the Common
wealth is the refusal of appeals mado to
tho Executive clemency, impressed as
I have been, however, with the convic
tion that the good order, peace and wel
fare of society depend in a large meas
ure upon the enforcement of the larva, I
havo felt constrained to refuse to inter
fere with the duo execution of judg
ments pronounced by tho judicial au
thorities. It is believed that a strict ad
herence to this lino of duty will result,
at no distant day, in restoring to the
people that feeling of security, without
which society can bo neither prosperous
or liappy. I am glad to have it in my
power to add, that there has boon a
markoil diminution of crime throughout
the Htate, and that there is reason to bo
lievo that this diminution will boconio
moro marked in tho future.
LUNATIC CONVICTS.
Your attention is respectfully called to
tho defects in tho law as it now stands
in regard to tho proper disposition to bn
mado of lunatic convicts. Under our
present system there is no provision of
law specially adapted to such cases.
Wlion the convicts wore confined in tho
State prison, undor tlio direct control of
tho principal keeper, a provision existed
for tho removal of lunatio oonvicts from
tho penitentiary to tho Lunatic Asylum,
upon proper certificates of lunacy being
mado by the physician of the peniten
tiary ami tho principal keeper.
At this time, however, there is no
such ofticor as physician of tho peniten
tiary, and tho principal keeper has ceas
ed to havo the peculiar custody and con
trol of tho convicts. The only evidence,
therefore, upon which tho Superinten
dent of tho Lunatic Asylum is authorized
to rocoivo a convict into tlio Asylum,
cannot bo suppliod. Tlio lossoos aro
bound by their contract and by the
law to treat tho convicts with humanity,
and to confine them seouroly ; but there
is no provisions proscribing the pro
ceed in ga to ho had iu ease any of them
becomes lunatic. I tlioreforc recom
mend tlio passago of such act as will
cure tho evil here pointed out.
LUNATIC ASYLUM.
I herewith transmit tho roport of tho
special committee appointed to investi
gate tho condition of tho Lunatic Asy
lum. The investigations of the com
mittee have boon thorough, and tho
information which they liavo collected in
regard to this great charity cannot fail
to attract tho earnest attention of tlio
General Assembly. Tlie number of pa
tients now being treated in the Asylum
Is large, and tlio expenses attending the
samo aro heavy. These unfortunates
must bo cared for, however, and to that
end all needed reforms in tho adminis
tration of tho institution should bo in
troduced, and all existing abuses cor
rected. Tho committee, whose report is
now submitted, is composed of geutlo
men of high character and marked abili
ties, and any suggestions that they may
make are entitled to the most respectful
consideration.
MAIMED SOLDIERS.
I respectfully ask that your attention
bo directed to tho subject of supplying
means to furnisli artificial limbs to such
indigent soldiers of this Statu as were
maimed iu tho late war, whether in tho
sorvico of tho State of Georgia or of tho
Confederate States. Tho Gonoral As
sembly, in 1866, made an appropriation
for this purpose, but I am advised that
there aro still many iniligoutsoliliors re
maining, who have never been supplied
with artificial limbs. Tho report of the
Comptroller (tenoral, made in the year
1809, shows that a portion of the appro
priation made in 1866 is still unex
pended. As this fund cannot now bo
drawn from tho Treasury without further
action by tlio Legislature, I respects ul
ly recommend that an appropriation bo
made sufficient to meet the wants of this
meritorious aud unfortunate class of our
fellow-citizens. Thoso patriotic men
gave tlieir natural limbs to the service
of the State, and it is but little to ask
that, the State should replace them with
artificial limbo.
OUR DEAD SOLDIERS.
Your attention is also earnestly called
to tho fact that tho bodies of over two
thousand soldiers, who foil fighting upon
our own soil, still remain uncared for
on the hillsides and in tho valleys, where
they surrendered their lives in our do
fonHo. By appropriation heretofore
mado, and by private contributions of
moans and time, expondoil undor the
patriotic direction of tlio ladies com
posing tho Board of Trustees of tlio
Georgia Memorial Association, twenty
two hundred and eighty bodies havo been
gathered up and decently interred in tlio
soldiors’ icmetery laid out for that pur
pose at Marietta. All the moans on
hand have long sinco boon exhausted.
Nothing further lias been done within the
last throe yoaTs, and now even tho cemo
tery, prepared with such pious care, has
fallen into deday from lack of funds to
keep it up. I respectfully inquire how
long this neglect shall bo permitted to |
continue ? Having put onr hands to this
good work, sliall we turn hack and leave
it unfinished ? Tlieso men died for us.
Shall we not, then, at least save tlieir
bones from the plowshare, and put them
tenderly away ? Duty calls us, and onr
noble women )taml ready, with tearful
eyes, to perfirm the holy task- Our
people are pour aud tlm State is cramp- i
off in her fmaspos—for tho stranger ami
tlio spoiler have boon among us—bnt we
are not so poor but that we can yet bury
our dead.
MILITARY INTERFERENCE.
It may be that it is unnecessary to call
your attention to tho correspondence
which was recently had by this depart
ment with the commandant of tho mili
tary forces of the United States sta
tioned at this place, in reforenco to the
interference in onr local affairs by armed
Federal soldiery. The copies of letters,
herewith transmitted, will put you in
possession of all the facts connected
with this unantliarized attempt to set
aside and supersede tho authority of tho
State. It is tho earnest desire of the
people of Georgia to preserve good or
der, to put down orime in their midst,to
discharge all their duties, public and
private, in a peaceable manner, and to
maintain between tlie authorities of
this Stato and of the United States kind i
and pleasant relations. Such is my
own fixed purpose as tbo Governor of
the State. It is hoped, however, that
we have seen tho lost of this kind of in
terference with onr domestic affairs.
There is neither rooson for it or warrant
of law. It is my sworn duty, as Chief
Magistrate of the Commonwealth, to up
hold the laws, to maintain good order
within our borders, and to protect the
people in tlieir rights of person and
property. To discharge this high duty,
the Legislature has clothed the Ex<*cu
tivo with amplo powers. There is not
likely to arise an emergency when the
aid of the Federal authorities will he re
quired, and there can never occur n ease
in which the voluntary and unauthorized
interference of the military forces of the
Government can lie necessary or justifi
able. And so long as I hold the office
with which the people have so freely
honored mo, I shall protest against such
interference with all the earnestness of
outraged justice. The people have no
thought of offering any kind of resist
ance to the enforcement of the laws of
the United States, hut they do protest,
and will continue to protest, against all
illegal and unauthorized attempts to
trample under foot the groat rights of
local self-government, whether such at
tempts be made by the military forces
or by the Judiciary of the Federal Gov
ernment. Jambs M. Smith.
Funeral of Hon. Linton Stephens.
Sparta, July 16, 1872.
Editor Savannah Morning News:
I am sure a detailed account of the
funeral of tho lamented Linton Sto
phons, an account of whose sad and sud
den death 1 sent you on Sunday, will not
fail to interest your readers.
Our town has presented a sad spocta
clo for the last two days; every store has
been closed, and business of all kinds
suspended. Every door has been draped
in mourning, and tlio whole town has
boon hung with black, an omblom of the
woo and sadness which the death of this
great man, lawyer and patriot has
brought to every heart—even to tlio
hearts of those who woro his opponents
while he lived. Not the sound of a ham
mer could bo hoard, not a voice of joy
struck tho air. Sorrow sat upon tho
countenance of every one, and our woep
ing town has held the solemn stillnoss of
death, for its cruel hand lias robbed us
of our honored, loved, lamented Ste
phens. To-day at 10 o’clock we buried
him. Early in the morning pooplo from
tho country came pouring into town to
get one last look at tlioir loved friend,
and to bo present at his funeral obse
quies. Ho was laid in a neat metallio
ease, which stood in his library, where,
in life, he had spent the most of his
time, and from whence it was but proper
for him to be taken to tlio grave. He
was buried in tho grey suit which ho
most always woro, and which ho had had
made to speak in, in the ease of Myors,
in Baltimore, who had boon a Oonfodo
rato soldier, mid who was oharged by
merchants of that oity with obtaining
goods under false pretences. You have
hoard of tlio success of that speech. It
was fitting that his body should be
shrouded in grey, tho emblem of South
ern chivalry.
The grave is just in front|of his dwell
ing house, twenty-live or thirty yards
from the front door, at a spot selected
for tlio resting place of his body by
Mrs. Stephens.
Until a few moments before ten a
a throng of pooplo crowdod the lumso,
the street and tho yard. Just at 10
o’clock the pall-boarers, Mr. W. W.
Simpson, Capt. L. L. Lamar, Hr. E. 1).
Alfriond, J. Clarence Simmons, Loviek
Pierce, Jr., and Henry Harris, who woro
dressed in black, with white vests and
gloves, each having a crape streamer
hanging from his arm, came into tlio
room whore tho corpse lay. The g’ vss
face plate was covered and the coffin
was taken out, followed by the bereaved
wife and children, with several relatives.
The crowd around the grave was im
mense. As the coffin was being lowered,
Col. Charles W. Dnßoso, in a clear,
mellow voice, full of pathos and tho
deepest fooling, read a most appropriate
service, which is composed of passages
culled from the Catholic service. Col.
Hußoso was Judge Stephens’ intimate
and true friend for twenty years, and
knowing how much they loved each
other, and with what deep, true feeling
lie gayo utterance to the supplication,
the eyes of that great crowd wore
bathed in tears, so much did tho pooplo
lovo Stephens, as the Homans loved
their Csosar, and so tenderly touching
and beautiful, liko Antony, over his
grave was tho following road :
“ I am the resurrection and tho life,
saitli tho Lord ; ho that bolieveth in mo,
though ho wore dead, yet shall ho livo,
and whosoever livetli and boliovoth in
mo shall never dio.”
“I heard a voice from Iloaven saying
unto mojfcvrito—From henceforth blessed
are tho (load who died in the Lord. Even
so, saitli the spirit; for they rest from
their labors.”
“ Out of tho deep have I called unto
thoo O Lord ; Lord, hear my voice.
“Olot thine oars consider well tho
voice of my complaint.
“If thou, Lord, will be extreme to
mark what is done amiss, O Lord, who
may abide it ?
“ For there is mercy with thee, thero
foro slnxlt thou be feared.
“I look for tho Lord ; my soul doth
wait for Him ; in His word is my trust.
“ My soul flooth uutotho Lord bofore
tho morning watch ; I say boforo the
morning watch.
“O Israel, trust in the Lord; for with
tho Lord there is mercy, and with Him
is plenteous redemption. And Ho shall
redeem Israel from all his sins.”
“Our Father, which art in Hoavon :
hallowed be Thy name, Thy Kingdom
oomo, Thy will be done on earth as it is
in Heaven ; (livo us this day our daily
broad, and forgive us our trespasses as
wo forgivo them that trespass against
us, and lead us not into temptation, but
deliver us from evil. Amen. ”
“To Thoo, O Lord, wo recommend
tho soul of this thy servant, that being
dead to this world, ho may live to Thoo,
and whatever sins ho has committed
through human frailty, wo beseech Thoo
in Tliy goodness mercifully to pardon,
through Christ our Lord. Amen.”
“ Grant, O Lord, that while wo here
lament tho departure of Thy sorvnnt, wo
may over remember that wo are most
certainly to follow him. Givo us grace
to prepare for that last, hour by a good
life, that wo may not bo surprised by a
sudden death; but bo ever watching
when Thou sliult call, that so wo may
enter into eternal glory: Through
Jesus Christ, our Lord. Amen.”
“ Givo him eternal rest, O Lord, and
lot perpetual light shine upon him.
“ From tho gates of lioll doliver his
soul, O Lord. May ho rest in peace.”
Until this was finished every breath
was hushed, and in tho solemn stillness
tho voico of tlio speaker rang out clear
and loud, quivering slightly from
emotion, wliilo overy heart was bowed
in sorrow.
Tho grave was fillod, and on it was
placed a lovely cross and a beautiful
wreath of white flowers and rare
geranenms—tho latter a fitting emblem
of the honor and fame lie lias won as an
able thinker, a lawyer, a judge and
orator, than whom Georgia can boast
none greater.
But down in tho dust and back to our
mother earth we have given the body of
this great man, and thus from earth lias
passed away one who wasjust beginning
to reap tho honors of his well-earned
famo.
“But tlio boast of boralJry, tlio pomp of
power,
And all that beauty, all that wealth ore gavo|J
Await alike tbo inevitable hour;
The paths of glory lead but to tbo grave.”
May tho blessings of Heaven rest upon
his grief-stricken family and comfort, his
sorrowing orphans. Georoia.
THE LUNATIC ASYLUM.
Report of tho Committee to Examine
the Institution.
[FROM OUR SPECIAL CORRESPONDENT.]
Atlanta, July 10th, 1872.
Editors Chronicle <£• Sentinel :
Some time last March, in accordance
with a resolution of tho General Assem
bly, Gov. Smith appointed a special
committee, consisting of I)r. James F.
Bozeman and William Henry Gumming,
to examine into and report upon tho
condition and management of tho State
Asylum for the insane, situated near
Millodgovillo. To-day tho report was
presented in the House and Senate, and
fell liko a shell in both llonses. Tho
report is exceedingly lengthy, and was
evidently prepared in an ahlo and caro
ful manner. Though too long to pub
lish in extenso, I am convinced that a
synopsis of tho document will be read
with interest. Dr. Bozeman states the
officers of the institution to be one prin
cipal and throe assistant physicians, an
apothecary, secretary', treasuror and
steward, assistant steward, matron and
chaplain. He examined into tho finan
cial management of the Asylum, found
the accounts of tho officers correctly
kept, and has no reason for supposing
that any frauds or peculations liavo been
committed. Bosides tho officers, these
aro seventy-three employees, and tho an
nual pay roll amounts to $28,497. Num
ber of patients of all classes, 390.
DRAWING RATIONS.
Ho says that from an early poriod it
has boon tho custom to allow rations
gratuitously to the officors, but now all
the agents and employees get substance
from tho stores furnished by tho Htato
to the Asylum. This gratuity has been
oxtended still farther, and includes all
the members of the families and the
servants of tho officials and embraces
forage for the private horses of tho
tlxreo assistant'physicians and two stew
ards. This issuance of supplies largely
increases, and in some instances exceeds
tho value of the annual wages or salary.
The salary and wages last year amoun
ted to $28,000, and the subsistence of
horses and mules and men to more than
811,000. The subsistance of tho mules
was allowed during the timo tho animals
were hired at a fair per diem to haul
wood for the Asylum. The expenses of ‘
the institution are $90,000 per annum,
mul nearly one-lmlf is expended in the
pay and support of the officials. Much
less than one-half of the yearly appro
priations is expended in the items of
subsistence proper and clothing of -100
patients, about seven per cent, of whom
are reported as full or partial pay pa
tients. Hr. Bozeman recommends that
none of the officers be allowed subsis
tence except the chief physician and his
servants. The number of employees is
larger end tlioir pay higher than it
should be. He thinks throe physicians
sufficient, one steward, and that the
steward and treasurer should not be the
same person. He believes it wrong to
allow the matron to he the wife of one
of the physicians, bnt does not con
demn the administration of the present
matron, the wife of the chief physician,
who has conducted the affairs of the
office with fidelity. Hr. Camming investi
gated tho workings of the institution,
and his report is much more severe than
that of his colleague.
THE OROUNDS AND IVCTLDINOS.
A portion of tho grounds have been im
proved, but tho remainder is encum
bered with stumps, brushwood and gul
lies. The sowers open upon tho surface
so near tho buildings that tlioir fetid
contents sensibly pollute the air. The
walls of tho principle building and the
roof are very much in need of repair.
The new buildings in process of con
struction are solidly constructed, bnt
destitute of architectural beauty. He
thinks tho Asylum too largo and that
there should be a branch in another part
of the Stato. Idiots should not be admit
ted to tho Asylum, as they need entirely
difforont treatment and training from
insane. Epileptics not insane should
not bo brought in association with
lunatics, as the contact is injurious to
tho latter. Tlio site of tho garden is ill
chosen, tho cultivation superficial, and
little use made of tho manure which was
available. Tho dairy seems a failure
and a loss.
MEDICAL STAFF, APOTHECARY AND
MATRON.
Tho medical staff is too largo, even, for
tho six hundred patients which are ex
pected when tho buildings are com
plotod. If tlio ouorgies of tlio physicians
had boon activoly and zealously devoted
to tlio careful study of tlioir eases, many
of thorn complicated and difficult, and
to an earnest and scientific treatment of
them, no objection to tlioir number
would bo raised. But there seems to bo
an utter absonoo of method and order
in the medical arrangements. Tho
patients are transferred quarterly from
ono physician to another, no ease-books
kept, no succession of events in each
ease recorded,- nor the treatment em
ployed, nor its results. Tho same
absence of method and ordor pre
vails in tho apothecary’s department;
no prescriptions are filed, no prescrip
tion books kept, and no records of any
kind by which tho issuo of medicines
might bo verified. Tho apothooary’s ro
coipt to. tho steward shows tlio transfer
from tlio purchasing to the dispensing
officer, but hero all trace of the supplies
is lost. In 1871 the apothecary received
515 gallons, or eight hogsheads, of ar
dent liquors, and what became of them
it is impossible to tell. It is scarcely
credible that they woro used medici
nally. It may safely bo presumed that
they were consumed in some way, as ad
ditional purchases wore made for tho
first quarter of tho succeeding year.
Dr. Gumming also disapproves tho ap
pointment of the wife of the Superin
tendent as matron, as she is officially liis
subordinate, and unpleasant complica
tions might aviso. During 1871 tho
matron received materials l'or bedding
and clothing of tlio value of $5,123, and
furniture of tho value of $287, for none
of which was any account rendered.
TOO MANY FAMILIES.
Four families, consisting of four hus
bands, four wives, and twelve children
and nearly as many servants, reside in
the centre building. Two families
(that of tho Superintendent, and that of
his son-in-law, tho second assistant)
form ono moss ; and the families of the
first assistant, steward, apothecary and
secretary form tlio second. Tho former
liavo their own cook and a private kitch
en, where true culinary art prevails; tlio
latter are denied this privilege, and com
pelled to partake of food wretchedly
cooked in tho public, kitchen. t Ho re
commends that the married officers
should reside near tho Asylum and sloop
there on alternate night. If the centre
building was thus vacated, much room
might bo gained for parlors, reading
and sowing rooms and schools. There
should bo two rooms, and a good medi
cal library.
VENTILATION, CLEANLINESS, PROVISIONS
AND COOKING.
In all portions of the Asylum occu
pied by pationts the air was foulid
charged with foul odors. Tlio drains and
sowers woro untrappod and columns of
air, loaded with fotid exhalations, wore,
constantly ascending through them into
the wards. lie, regards tlio wards ill
this condition as uninhabitable. Tlio Asy
lum contains many filthy patients, whoso
habits tend to increase tho evil. As
siduous efforts on tho part of the atten
dants would restore many of tho patients
to habits of doconey, and an efficient
laundry would greatly remedy what
could not thus be prevented. Not only
was tho air of tho wards in this disgusting
state, but tlio floors, walls, window's anil
ceilings woro out of repair and dirty.
The rooms and walls woro infested with
groat numbers of vermin. Tho bedding
in a largo number of rooms was dirty,
and also tlio apparel and persons of tlio
pationts. This is explained by tlio con
dition of tho laundry, an establishment
greatly out of repair and in a state of
decay'. The value of provisions con
sumed in 1871 was about $31,000. More
than one-sixth of this was issued to
eight officers and two employees—tho
remainder wont to patients and em
ployees, four hundred and seventy-two
in number. There is a sufficiency of
animal, but a deficiency of vegetable
food. Tho cooking department needs a
complete reorganization. The moals
are not only ill-cooked and insufficient,
but they do not come often enough.
Tho patients liavo but two meals Win
ter and Bummer, Although scores of
pationts have been rejected because
there was no room, ho found twonty
sovon rooms, which could have been given
to pationts, occupied by laundresses,
seamstresses, and used as clothes rooms.
The Infirmary was found full of impure
air and no placo for sick inmates.
RELIGION, FUNERALS AND BURIALS,
There woro no religions services on
tlio Sabbath, and tho day seemed utter
ly' unmarked, as far as the patients were
concerned. The chaplain stated that he
desired earnestly to liavo services on
Sunday either in tlio morning or even
ing, and had so notified tho authorities,
but nothing had boon done. The dead
woro buried without religions rites. -
Tlio feeling of the people is so decided
ly in favor of religions funeral services,
naively adds Hr. Camming, that the Leg
islature should require tlioir performance.
Tlio dead are lmricd in tho woods, with
no fence to enclose tlio ground, with no
head stone or other mark liy which the
grave might lm recognized. The older
graves are covered with pine straw and
arc no longer discoverable. More than
this is demanded by an enlightened
public opinion. More respect should
lie paid to tho remains of our brethren,
oven though they bo insane and poor.
SUMMARY.
Dr. Gumming thus concludes ; “We
have commended nothing, for tho very
simplo reason that we saw nothing to
commend. With the single exception
of the preparation of a lawn and shrub
bery in front of tho Asylum, there was
nothing to approve. The general con
dition of the grounds, the air of tho
wards, tho filth, the vermin, the state of
clothing and bedding, tho medical at
tendance, tho food, the cooking, tho
Sabbath arrangements and the burials
all havo been and must he condemned.
Wo can say poshing about the Asylum
but that in the past it has boon a failure,
and now needs thorough reorganization.
Tim trustees.
Ho says; “Tho Trustees must hear
the blame for these abuses, as they have
had entire control over the institution
and its officials.”
Tho roport lias caused quite a sensa
tion. It was referred at once to a com
mittee, after being distributed, and a
report is to be made by tho committee.
liionvQNP.
One Thousand Dollars Damages for
Putting Up the Wrong Medicine. An
interesting ease, on trial in the Jefferson
Court of Common Pleas, is decided by
a suit brought to recover damages from
a druggist who, in compounding a pre
scription, put up tho wrong drug. Tho
decision establishes tho fact that drug
gists are responsible for tho mistakes of
incompetent clerks. Iho facts in tho
case aro as follows ; One year ago Mr.
John 8. Kline, of this oity, was seriously
afflicted with hemorrhoid, commonly
called pilos. Dr. Galt, his physician,
prescribed an ointment composed prin
cipally of stramonium, a narcotic that
would have had the effect of soothing
the irritated parts and to allay the pain.
1 The prescription was taken to tho drug
store of 8. F. Dawes, and the clerk, Wm.
Boss, made tho ointment of cantharidos,
an active irritant, instead of stramo
nium. The ointment was applied as
directed, and the scene that followed
may bo hotter imagined than described.
Mr. Kline suffered untold anguish, and
os soon as he was able to get about
brought suit for damages, and the jury
assessed the damages at SI,OOO. — Louis
ville Ledger..
New York, July 19. —Tammany rati
fies Greeley and Brown.
GEN. TOOMBS ON EX-GOV. SHOWN
History of tlio Mitoheß-Helrs Case.
The following is an extract from the
reply of General Toombs to the card
of ox-Gov. Brown, tracing the history
of tho famous Mitehell-hoirs ease, as
follows:
In 1812, Charles Mitchell, with the
view to secure the location of tlio depot
of the road on his land, donated, in fee
simple, by deed of warranty, live acres
of land to the State for “placing thereon
the necessary buildings, which may here
after bo required for public purposes, at
tho terminus of said road.” The State
entered, occupied, and held undisturbed
possession of this property for nearly a
quarter of a century.
In 1867, Brown & Hope brought suit,
for tho heirs of Mitchell for tlio park
portion of tho property. No action was
ever had on this suit; but in 1868 tho
caso was carried boforo tho Legislature
and tlio claim rejected. It there slept
until Bullock got another reconstruction
act through Congress, and ho and Gen.
Terry had, by fraud and force, ejected a
largo number of the true representatives
of the people, and replaced them with a
sufficient number of In i own pliant and
corrupt tools to render powerless the
honest men whom ho could get no pre
text for ejecting.
Tho State being thus prostrate at. tho
foot of the usurpers and plunderers, Bul
lock, tlioir chief, with, a corrupt Judi
ciary of his own appointment, with a
venal Legislature, sounded bis bugle
and called his clans to the sacking of the
Commonwealth.
Loch rano was among tho very first to
obey tho call. In July, 1870, lie put in
tho rejected claim of tho heirs of Mitch
ell, in a proposition to Bullock, to givo
him tho whole of the property in dispute
in the suits, except a strip of land two
hundred and forty foot wide, between
Loyd and Fryer streets, whore tho
depot then and now stands, for thirty
five thousand dollars. This property
was estimated thou to bo wort)\, between
three hundred thousand and four hun
dred thousand dollars, by some of tho
best citizens in Atlanta. Tlio proposition
was referred by Bullock to tho counsel
ho had employed to dofond tho State’s
interests. Mr. William Dougherty,
Judge Collier, Mr. Hoyt, Judge Hop
kins and Mr. Nunually, of tho counsel,
mot, consulted, and, except Nunnally,
unanimously decided that the title of tho
Stato was clear and •unquestionable, and
directed ono of tlioir number so to re
port to tho Governor.
Judge Hopkins differs with Messrs.
Dougherty, Collier and Hoyt as to tho
other facts, but agrees that tho title of
the State was clear.
Bullock sent in Loclirano’s proposi
tion, with a false statement., as was his
habit, of a material fact in tho case.
This message was received on tho 13th
of October, 1870, referred to a select
committee of both houses tho same day,
ami on tlio next, day was reported back
with a recommendation that Loch roue’s
proposition bo accepted. The counsel
for the Stato had no notice of the moot
ing of the committee, and were not
present, except Nunnally, who favored
Lochrano’s proposition, and Judge Hop
kins, who suggested to Bullock a com
promise, “ou such terms as the relative
vantage ground of the two parties will
justify.” Loclirano represented tho
Mitchell heirs.
This report was made the special or
der of tho day for the 17tli of October.
It was taken up on that day. Mr. Cand
ler, oil tho Mi 11, having moved to request
tho Governor to send in tho opinions of
the counsel for tho State, his resolution,
on motion of Mr. Speer, was laid on tho
table.
On the 17th, Mr. Candler moved a
substitute, reciting tho offer of General
Austell and others to bid ono hundred
thousand dollars for a quit claim title
to tho park, and providing for its ac
ceptance, and putting tho properly up at
auction with that upset bid.
Mr. Bradley offered as a substitute to
tho whole a resolution to givo tho lioirs
of Mitchell the right to sue in tho Courts
of tho Stato for tho property, which
substitute was rejected, and tho sub
stitute of Mr. Chandler was also re
jected by ono vote, and tho report was
thou adopted by 22 to 11 votes.
Tho Chairman of tho House Commit
tee, on tho 14th October, made tho same
joint report to tho House. It was taken
u)) on tho 20t.1i, and Mr. Hall lßoved the
adoption of tho Senate’s report as a sub
stitute for his own.
Mr. Scott then submitted tho offer of
General Austell and twelvo other citi
zens of Atlanta, to pay one hundred
thousand dollars for tho State’s quitclaim
deed to the property within ninety days
after date ; and offered a resolution pro
viding for commissioners to put up tho
property at public auction; and provid
ing further, that, if tlio commissioners
failed to get a bid of ono hundred thou
sand dollars for a quit-claim title to the
property, the Governor should be au
thorized to accept tho proposition of tho
Mitchell heirs for thirty-live thousand
dollars. This proposition was rejected
by a veto of 49 to 73, and tho Somite’s
substitute was adopted.
Such iH tho record upon which I
formed tho opinion that tlio action was
tlio result of bribery, pure and simple.
I did not suppose that oven all who
voted for tho bill were corrupted. Some
men were, doubtless, misled. Others,
influenced by other than corrupt mo
tives; but it is clear that tho managers
of tho sclioino of plunder profited by
tlioir betrayal of tlioir public trust.
Tho record is complotc. Tho State
title was settled by tho judgment of tho
Supremo Court; was clear and indispu
table, in tho opinion of four of tho load
ing counsel of tho Stato.
Their opinions were suppressed by a
direct vote of tho Senate, The friends
of tho bill refused to permit tho claims
to go boforo the Courts for trial, though
counsel foes to the amount of fifteen
thousand dollars were paid to defend
the titles. Thirty-five thousand dollars
was accepted from the Mitchell heirs for
a property in lion of one hundred thou
sand dollars offered by others, without
tlio pretense of a reason therefor being
found ou tho record—except Jackson’s
letter to Bullook —which property, with
in a few days after tlio consummation of
this wickedness, witli all tho (doml of
this corruption hanging oyer it, brought
at public outcry over two hundred thou
sand dollars.
Governor Brown does not deny that
ho aided in lobbying this measure
through tho Legislature, He was pres
ent in tho Honate when the hill was bo
foro it, as was also Lochrano, Kimball
and Blodgett; and he was justly relinked
on the floor of the Senate by Mr. Gau
dier for his conduct in this matter.
Lobbying is a crime—a misdemeanor
at. common law ; a crime intensified by
his high judicial position.
But tnoro is yet a still graver charge
than lobbying against the ox-Ghief Jus
tice. Before these scenes ooourrod, the
case of Thornton and others . vs. Tram
mell and others, came before the Su
premo Court. It was a case really
against the Western and Atlantic liitii
roftd, for tho Dalton Depot, and involv
ing the same principles. The counsel
for the road objected to Brown’s sitting
in that case, on tho ground that lie was
employed in the Mitchell heirs ease,
which was undecided. See 39th Geor
gia, 208. Brown stated “that in that
case, tho language of the deed is differ
ent, and l have fumed over the. case,
with the. obligation of the fee to tho
other counsel." Under those circum
stances, ho was ndjmlged by tho other
Judges competent to sit on tho case.
lie did sit, dissented from the Court,
lint gave no opinion. Ho weakened
tho opinion all ho could by his dissent,
Init. gave no opinion himself.
Was that statement of Brown true 1
I f so, ho either had no claims on the
Mitchell heirs or foes, or ho afterwards
contracted for and accepted foes while
on tho Bench. If not true, he sat in a
ease in tho decision of which ho was
interested, and decided in his own favor.
It is a high orin\o in tho highest judi
cial officer of the State to bring his in
fluence to boar in any way to control
tho action of the Legislature. His
very position may control those who
have suits before him. Tho ordinary
criminal may lie in his hands. He may
have jlower to save from just punish
ment. for his crimea evey tire victim of
his own perfidious debauchery.
11. Toombs.
To the Public.
Atlanta, Ga., July 17, 1872.
Editors Constitution :
As General Toombs lias thought prop
er to appear again in print Ireforo tho
public, while a personal issue was pend
ing between him and mo, 1 have a very
simplo reply for him. In his card, date and
the ID/, instant, and published on tho
16/A, he refers to me as resorting to the
usual dodgo of a vulgar poltroon.
This man, having been branded by mo
as an unscrupulous liar, fancied, per
haps, that ho had sufficient courage to
defend his personal honor, or, perhaps,
ho thought ho could safoly play tho rolo
of a bully. Accepting, therefore, the
position of tho injured party, and feel
ing no little concern about my church
relations, he sent a friend to mo to in
quire if I held myself amenable to the
codo of honor. I replied as follows
Col. J. 0. Nichols entered n\V office,
on the morning of tho 9th instant, and
said, “I desiro to soe yon a moment
privately,” when tho following conversa
tion occurred :
Nicholls—“l have como in behalf of
Gen. Toombs to make an inquiry of
yon.”
Brown—“ Well, sir, I will hoar you.”
Nicholls —“On account of your
oliuroh relations, Gen. Toombs doeH not
know whether you hold yourself nmeua
bio to the code, and while I admit this
is an irregular proceeding in behalf of
Gen. Toombs, I make tho inquiry.”
Brown—“lt seems tome this course
is extraordinary. Gen. Toombs lms no
thing to do with my church relations.
If he desires to send me a communica
tion, f am ready to receive it at any me
meat. 1 have coufn'ivd with a friend
who does not reside in Atlanta, but, I
will telegraph him at once ami respond
to a communication if made, after refer
ing it to him, without unreasonable dr
lay. Are you Gen. Toombs’ friend in
this matter ?”
Nieholls—“ lam not in that sense. I
expect to have nothing whatever to do
with the - matter. I only como to make
this inquiry, at Gen. Toombs’ sugges
tion. He may desire a little time, as he
will have to get a friend who resides out
of the State, for he does not wish to
complicate his friends in tho State.”
Brown—“ I shall not trouble persons
out of tho State. 1 liavo a friend in tho
Stato who will servo nio.”
Nieholls —“ I would liko to know
whether you hold yourself bound by tho
code?”
Brown “Say to General Toombs dis
tinctly that r am ready to receive any
communication that ho desires to semi,
and if 1 don’t respond properly, ho
knows his remedy.”
Nieholls—“ What I have done in this
instance is simply an act of friendship
to Gen. Toombs, because he requested it.
1 expect to take no part in any unpleas
ant affair between you and him."
Brown—“ Say to Gen. Toombs 1 hold
myself ready to give him any satisfac
tion which I may bo duo iiim, or to
which ho is entitled as a gentleman.”
This language is in General Toombs’
possession in writing, over my own sig
nature. To be certain that ho received
it as uttered, it was sent to him, on the
10th, after ho left Atlanta, by the first
express to his homo at Washington.
This codo-of-honor gentleman loft At
lanta on tho day after this language was
uttered. Ho responds in tho newsjm
pers. I leave tho public to judge who
is the poltroon, and whether General
Toombs preferred neirspaper artillery
to heavier metal. Johkimi H. Brown.
Col. John C. Nieholls’ Version of the
Convorvatlon Between Him and Gov.
Brown, on (ho Utli Inst., When Sent
to Him by (Jen. Toombs.
Atlanya, July 18, 1872.
(ten. Hubert Toombs, Atlanta, (la. :
Duar General -A card is published
this morning in the Sun and the Consti
tntion, over tho signature of Joseph K.
Brown, which purports to givo the ver
biage of a conversation had with mo on
tlio 9th inst..
This statement of tho conversation is
substantially untrue.
Gov. Brown states that ho was ad
vised to see mo, "and have mo to agree
ill writing to what, occurred." He failed
to follow the advice. Be has not, ap
proached me on the subject.
As Gov. Brown lms seen fit, to pursue
this extraordinary course, I feel that it
is due to you and to myself that, you
publish my statement of tho conversa
tion. Sincerely, your friend,
Jno. C. Nii'HOl.lm.
A STATEMENT OF Till,l MATERIAL FACTS OF
A CONVERSATION HAD WITH JOSEFU C.
11UOWN, ON THE fir'll INST.
I. said : “ I call on yon in behalf of
General Toombs, to ascertain if you arc
responsible in the way usual among gen
tinmen for tho language contained in
your card of u recent date?”
Ho replied, “ I am responsible for my
language."
1 then said, "General Toombs desires
to know if you will givo him satisfaction
under the coda. If ho should add it sh a
note to you, demanding a meeting, will
you moot him in tho usual way?”
1 explained that, whilst the inquiry
was perhaps made in an infovnial maii
nor, yot it was thought, to bo warranted
by Ins well-known position in tlioohuveh.
To this he bowed assent ami answered :
“If General Toombs addresses me a
note, l will consult with a friend, and
thou reply to it. 1. will answer your in
quiry when ho submits it in writing.”'
Ho declined to answer tlio question more
directly.
In my opinion, from tho language and
manner of Governor Brown, he will de
cline to ausworthe inquiry in the affirma
tive, if submitted by yon in writing. I
am impressed with the conviction tin .I,
it is his purpose to use a formal call, to
your injury, under the Constitution of
this State.
| Signed] ,Tno. 0. Nioiiolib.
To Gen. Itobt. Toombs.
COTTON AND ITS FOE.
The Caterpillar Hepnrls lroin Houtli
Carolina, Alabama, Florida, Texas
and the Far West.
The flourishing prospect for cotton a
fortnight has been sadly changed in
many portions of the South by tho sud
den appearance and rapid spread of tlio
caterpillar, l’riviito advices continue to
report the presence of tho worm in
greater or less numbers generally along
the Carolina coast.
THE WORM IN TEXAS.
! A special telegram t,o the Charleston
News, under date of Galveston, .Inly
13, says ;
We have positive information that tl»e>
caterpillars arc eating tho nothin in
Sabine and Liberty counties. Wo hear
reports of tho worm at many other
points, but have not, as yot, boon able,
to get tlio information direct. It is.
feared that the rains now falling daily
will develop the caterpillar rapidly.
THE WORM IN FLORIDA.
A planter writing from Lake Oifcy,
Florida, on July 11th, says :
The grass caterpillar is all over the
country, and from Kllisvillo neigh
borhood tells me they have ruined
seven or eight acres of short cotton for
and tolls me this morning
they are taking his short, cotton. They
do not trouble the long cotton as yot,
but cat tho grass and then take to tho
short cotton, as it is young and tender.
THE WORM IN ALABAMA.
Under tho head of “Spreading,” the
Eufuula (Ala.) Times, of the 9th instant,
says :
I teem it advices from Jackson county,
Florida, and from the lower part, of
Henry county, Alabama, establish the
fact that the cotton caterpillar is to lie
soon on most of tho plantations on tho
river in increased and rapidly increas
ing numbers. They are to be found in
the web, arul from that to full grown,
with all tho immediate ages. They do,
not confine themselves to the Alainnmi
and Florida side of the river, but crops
ou the Georgia shore are equally rav
aged. Near anil below Gordon, in Ibis
State, Home of the fields are reported
riddled already. Avery short while
since—scarcely longer than a few days
the prospect was never more flattering.
Now from all rich lands, where the
growth is rapid and the weed large and
tender, we have accounts of this fearful
Might.
Tho Montgomery (Ala.) Advertiser, of
Saturday, says :
Tho rain which commenced to fall day
before yesterday, and which continued
without, interruption until twelve o'clock
last night, culminated just before the
latter hour in a perfect little deluge.
Such a season of unremitting rain has
not been known in Alabama for many
long years. We cannot see much hope
for the cotton crop unless a speedy
change occurs for tho better.
Fatal Accident.—A severe and fatal
accident, the result of gross careless
ness, occurred yesterday on the line of
the Savannah, Griffin and North Ala
liania Railroad, at a place culled Whites
liurg, about twelve miles from Newnaii,
by which one man lost his life And two
others were injured. U seems George
Persons, Albert McCoy and John An
derson were a “gang” engaged in blast
ing. The two former are colored. The
latter white, a Swede he having charge'.
A fuse hud lieeu put ill that would not
go off, and the men were engaged in
drilling it out, when the water becalm
exhausted, and without stopping to jiro
ctiro more the work was continued, an
explosion naturally followed, which
killed George Persona, broke Ander
son's thigh, and injured McGoy. Per
sons resided in Macon, and liis body
was brought here yesterday for burial.
Macon Telegraph, IVh.
The Jubilee a Financial Failure.
The statement is made by authority that
the Boston Jubilee closes with financial
loss, tlio expenses having oxcoeded the
receipts at least $150,000. This news
will boa surprise to tho public in
general, as it lias been understood that
tho reduction in expo uses since the first
week has been such as to enable tho
managers to float their big enterprise.
The subscribers to tiro guarantee fund,
among lyUoni the Boston and Albany
Kail road fignresjto the extent of $lO,OOll,
will bo called upon to make up tho
deficit, although tlio managers hope to
reduce it somewhat by future entertain
ments and the sale of the coliseum and
its fixtures. Gilmore gets nothing for
all his toil and trouble, having given the
i amount of Ids lionefit to the guarantee
I fund, and Bostonians are talking of
raising a “substantial testimonial” for
him. |
False Report. —Tho Cincinnati En
quirer says that tho telegraphic report
that the Commercial of that c’.'ty had
deserted Grooloy after his nomination at
Baltimore, is an “ amlacio.m lie.” Tho
Commercial is still batbfing f„r Greeley
and Brown,