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010 SERIES—VOL LXXXI
DEW SERIES-901. XXXVIII.
TEHMB.
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Address WALSH k *WUIOIIT,
Cttnoslci.r A* Skwtixn.. August*. Oa.
Cfjromcle anb &nttfnel.
WEDNESDAY.. .OCTOBER 14,1874.
MINOR TOPICS.
Homebody blundered. The codification of
the United Staten nl at. litre wan tiiiinlied, and
Congress made them at the last session the
law of the land, but made no provision for
printing them. No one knows what the law is
on any given subject; it is only known that the
llevised Code has neither notes, references,|nor
index. There is a faint hopo that when Con
gress meets it will ascertain who is at fault,
and provide a remedy; meanwhile alt the De
partments, and especially tho Judiciary, are
Constantly in a muddle.
Wo pnnt in another column a very sprightly
and sensible article from the Chbonicle and
Hr.s-Ti.vKi. in relation to the continued abuse by
certain papers of ex Governor Joseph E.
Brown. If all the stories we read of the ma
chinations, plots, contrivances and future de
signs of Oovonior Brown be correct, he is cer
tainly the most rcm&rkabie human being now
living. Time, space, the remotest past, tho
moat distant future, are all subject to his
mighty will; and as to bis wealth, as compared
with, him, ltothschild may be pitied on account
of his straitened circumstances. —Macon friar.
Tory disrespectfully is General George W.
Jones, of Dnboque, spoken of by a newspaper
of that region. Jones had been talked of for
the next Congress, but he published a card
withdrawing his namo "because business mat
ters called him from the State much of the
time.” Whereupon the unfeeling journal
said : “His absence from tho State won'dn’t
interfere with the campaign miless he should
atay out on election day, in which case his entire
voting strength would be missing.” The un
kindness of this cut was considerably more liko
a serpent's tooth because it came from a news
paper of Jones' own dear administration party.
The umbrella may now be reckoned among
the deadly weapons. At a street corner in
New York the othor evening a couple of men
got into a quarrel. One of them punched tho
other in the eye with his umbrella and went
on about his business, disappearing in tho
erowd. The wounded man was taken to a hos
pital, wbero he died in a few hours. It was
ascertained his brain ha l been pierced through
the eye. Tho umbrella man lias not yet re
ported to tho policy, and there appears to be
no possible clue to his identity. So many poo
plo carry umbrellas, heretofore regarded as
perfectly harmless, except when they are used
for the first exercises in theft.
A negro in Texas was lately saved from hang
ing by a charm, lie had murdered a white
man, and hid himself. A colored friend visit
ed him in his hiding place, and offered to sell
him for a ready money consideration a powder
which would operato as a charm against hang
ing or shooting in caso ho was caught by a
mob who were after him. Tho negro invested
in the powder, and believed in it too. The
mob finally got him, and took him to a tree.
Preparations for his hanging were completed,
and when ho saw tlioro was no hopo ho took
tho powdor. He fell dead almost as soon as it
was swallowed. Tho mob did not hang him,
and the charm against hanging proved to bo
most effective. There is no doubt it would
have been equally potent agaiust shooting if
taken in time.
A marriod woman in Mohawk, N. Y., was a
prospective mother-in-law, and she wanted to
find ont exactly what kind of ft chap ho was
who was courting her dauglitor. So she dressed
herself in male attire and went to a ball where
she was certain to meet him. During tho even
ing, disguised as a fashionable young fop, sho
managed to get into a quarrel with tho young
man himself. Lacking masculine musclo sho
was worsted in a ball room scrimmage. Her
now plug hat was smashed down over her face,
her nose stopped a well meant blow, and her
moustache was accidentally pulled off. Then
the young man suddenly recognizod his pros
pective mothor-iu-law, and found too late that
he had boon fighting with tho wrong man. The
woman was Bent homo in a carriage, and the
young man has not been round courting her
daughter since.
Laura Berry, so our exchanges toll us, re
cently fell .'aiming in the school room at Car
son , Novada. There was nothing mysterious
iu the origin of her swoon ; tho only wonder
was that she recovered from it. She had,
within three weeks, committed to memory
three hundred pages of history and two hun
dred of natural philosophy. The night be
fore, alio and a class-mate had not gone to be
st all, but studied throughout tho night, and
until 9 that morning. Few pupils take at once
such deep draughts at tho fountain of knowl
edge as poor Laura, but an occasional great
excess is not so ruinous to the health as con
stant over-stimulation. There are scores of
pupils iu our schools whose breakdown from
excessive study is as sure, though it may not
be as Midden as that of the ambitious maiden
of Nevada.
The greed of tho wholoßalo cigar manufac
turers of New York has resorted to the estab
lishment of cigar factories iu tenement
houses, where tho men, women aud children
work, eat and sleep, packed into the most con
fined quarters, and mingling with the stench
of their own filthy living, the constant pre
sence of the odors arising from moist tobacco.
The Cigar Makers’ Union, movod, porhapa.
more by the effect of this low priced competi
tion on their own wages than by any pity for
the wretched and badly paid operatives, have
opened a warfare against these factories on
sauitary ground*. The stat® of wretchedness,
filth vice and disease exposed is, however, so
horriblo that, though the motive of the crusade
mav not be of the highest quality, there seems
to be no doubt that the interference cf the
Board of Health cannot be withheld.
The papers in the territories are telling little
anecdotes about tbeir early raihoad experi
ences, with an evident object in view. The
fact that to haul a car load of fnut from Sau
Fraucisco to Omaha costs a small matter of
f 1.509 reminds an editor of a little incident of
earlier railroading times. Ed. Kay was farm
ing on a large scale in Carson valley. Nevada,
aud went to Chicago on one of the first t rains
of tho Uuiou Tactile Kailroad. He thought he
would’take out a car load of agricultural im-
pleuieuU and applied to the agent for rate#. I
The agent wanted a little time to figure It up, j
and the thousands of dollars it came to was j
communicated to Kay in a note, to which the j
Western Granger sent the following neat re- ;
ply: “Dear Sir—l regret that I was not a little
more explioit in my language yesterday. Your i
figures would imply that you understood me as
being desirous of buying-your railroad, where- !
as I wish only to hire one car one trip. When j
r desire to purchase a railroad I shall hunt one j
that is held at lower figures than you hold ;
‘yours. E. lUT." The railroad officials ap- j
predated the keenness of their customer, and ;
made accommodations easy on the ground that j
he was plowing and budding up the country. |
There is a paragraph going the rounds about
one of the most notorious thieves m the United i
States, who many years ago wanted to reform j
and engage in some honest business. He told ;
a gentleman, an acquaintance, of his desire, j
and the gentleman, who is now a detective,
tells the story of sucoess that attended his re
formation. The thief got ashamed of himself ;
because he had a wife and several children j
whom h* loved. They had no idea of the man
ner in which he obtained his living. They only j
knew that he was away from home a great deal,
and that his work was night work. His chil
dremwere growing up. and he never wanted
them to know. The gentleman thought there
was honesty in bis purpose, and loaned the
thief several hundred dollars with which so
start business. He prospered, raised his fami
ly respectably, became an honest citizen, and
did many acts of unostentatious charity. He
died not long since, honored and mourned by
all who knew him. His children a*e doing
prosperously, and could never suspect that the
incident rented could have the slightest refer
ence to their father. No doubt a little timely
aid, involving snch faith in honest purposes,
Vould save the world many bad men and women.
THE BOGUS BONDS.
Tho Atlanta News thinks that the
Chronicle and Sentinel is mistaken in
supposing that an amendment prohibit
ing the payment of the Bullock bonds
mast be passed by a two-thirds vote of
two successive Legislatures and submit
j ted to a vote of the people before it can
i become a part of the organic law. That
is to say, it thinks that although the
amendment with reference to these
bonds adopted by the present Legisla
ture is insufficient and incomplete—leav
ing out five or six millions of the fraudu
lent obligations ignored by the Legisla
ture of 1872—it may be amended by the
Legislature which will assemble next
January so as to cover all of the spu-!
rious bonds, and then submitted to a
vote of the people. In this way the
News seems to think that the require
inputs of the Constitution of the State
will be complied with, and the status of
the bonds effectually settled. The N t ews j
frankly admits that at first it gave the
same interpretation to the clause of the
Constitntion as has been given by all of
the papers which have discussed the
1 question, viz : That a valid and binding
amendment would have to be passed by
two new Legislatures and then ratified
by a vote of the people. It lias changed
its opinion because it has been shown
that the old Constitution of Georgia con
tained the same clanse with reference to
amendments as the new, and that in
1854 an amendment abolishing elections
for Solicitors General was passed by one
Legislature, taken up and subjected to
material amendment by the next Gene
ral Assembly, aud then submitted to a
popular vote. This, it thinks, is a pre
cedent which would warrantsimilaraction
upon the amendment now pending. We
cannot agree with this view of the case.
We do not think that the passage of any
amendment in this way would be a con
pliance with tho requirements of the
Constitution. We do not think an
amendment passed in this way would
have any binding force. Wo think that
a con-titutional inhibition framed after
such a fashion would cause fully as
much trouble and expose the State to
just as much danger as the defective
Hillyek amendment. Though we may
admit the correctness of the information
concerning the amendment of the old
Constitution furnished the News, we
do not think a precedent has been estab
lished which will warrant similar action
on the part of the next General Assem
bly. One case does not form a prece
dent any more than one swallow makes
a Summer. Nor does aequiesence give
validity to that which is illegal. The
very nature of the amendment to which
the News alludes precluded any opposi
tion to its provisions. It was a matter
which affected no man injuriously.—
It was a matter in which no one
had personal interest enough to
test it before the tribunals of the
country. But with an amendment in
hibiting the payment of the bogus
bonds the case would bo widely differ
ent. Such an amendment would destroy
claims against the Treasury of the State
to the amount of eight or ten millions of
dollars. Its would be resisted with all
the energy and all the power of the
Bing. Its validity would be assailed by
the best lawyers which liberal retainers
could command. It would be taken in
to all the Courts of the country, from
the lowest to the highest. It would be
made to stand the most searching legal
scrutiny, and be subjected to the se
verest judicial tests which could be ap
plied. And when years of litigation had
terminated in the defeat of the State,
Georgia might be under the control of a
Legislature which could be induced to
recognize these fraudulent obligations,
and to order their payment, together
with tho enormous accumulation of in
terest.
If we may judge of the object of a law
by the language iu which it is framed, the
intention of this clause of the Constitution
was to preven t the adoption of any amend
ment to the Constitution which had not
the approval of a second Legislature just
as it came from the first. If such was not
its intention why should the assent of
two General Assemblies have been re
quired? The idea clearly of such a
requirement was to prevent haste in
changing the organic law; to give ample
time for reflection upon any change
suggested ; aDd to allow a Legislature
to assemble fresh from the people before
a second vote was taken upon the pro
posed alteration. It is obvious that
this intention is defeated if one Legis
lature passes an amendment to the Con
stitution which a succeeding Legisla
ture can change into an entirely dif
ferent thing and adopt. Where is the
time afforded for deliberation ; wjiere
the opportunity given the people for an
expression of opinion by the election of
Representatives? Take the pending
amendment as a case in point. The
Legislature has adopted an amendment
inhibiting the recognition or payment
by the State of “the bonds of
any railroad company upon which
the so-called endorsement of the State
was made by the late Governor Bullock
and which endorsement is declared ille
gal, fraudulent or void by the Legisla
tures,” etc. This language clearly ap
plies to the endorsed bonds and to none
others. The only subject for reflection
and deliberation which has been pre
sented since the adjournment of the
Legislature is the repudiation of these
endorsed bonds; the only question be
fore the people in the election of mem
bers of the General Assembly is the re
pudiation of these endorsed bonds. Yet
it is gravely asserted that the new Legis
lature will have the authority to amend
this amendment so as to make it include
the State bonds—amounting to millions
of dollars—issued by Bullock and de
clared illegal by the General Assembly
of 1871-’2, and then rush it before the
people for final ratification ! Certainly
no Court in the world would decide,
j could decide, that such an amendment
had been made a part of the Constitn- I
tion in accordance with the requirements j
of that instrument, or that it had any !
binding force whatever. An amendment j
to the Constitution cannot be amen- j
ded or materially changed without j
snch last amendment is adopted by a j
two-thirds vote of two successive Legis-,
latures, and rat ified by a vote of the peo- j
pie. If a simple bill is framed by the }
Senate of Georgia and sent to the House i
of Representatives the latter branch of |
j the General Assembly cannot amend ;
! and pass it; it mnst go back to the ]
| Senate and receive the assent of that j
: body to the alterations whieh have been
| made. How then can an amendment to ■
j the organic law of the land be subjected i
j to alterations of the most important and
momentous character without any
j farther reference or deliberation ? The
j principle is the same in both cases, al
j though the proper course to be pursued
|is different. The bill amended by the
House must go back to the Senate; the
constitutional amendment amended by
the second Legislature must go to
another Legislature before it can acquire
the force of law.
The Constitution cannot be tinkered
with in the way mentioned by the yews.
It can only be amended by a strict com
pliance with its own provisions on this
subject or by a Convention of the peo
ple. We are in favor of a Convention.
A Savannah youthful colored troop
doctored his paternal progenitor with a
j leaden pill last Sunday.
THAT PRECEDENT.
In the Chronicle and Sentinel, of
Sunday morning, we gave the precedent
furnished the Atiana News for the an
tliority of the next General Assembly to
1 perfect and pass the buDgling constitu
tional amendment in relation to the
payment of the fraudulent bonds. We
attempted to show that the General As
sembly had no such power, and that
wrong doing by one Legislature in 1856 j
did not furnish an excase for wrong
doing by another Legislature in 1875.
Since the publication of that article,
however, we have ascertained that the
information furnished the News was not
correct. Onr correspondent, “Tyrone”
—whose letter appears in another col
umn this morning, and to which we call
the especial attention of our readers—
shows, and shows conclusively, that the
position taken by tbe informant of the
News, by the Atlanta Constitution and
by, as tho latter journal states, Gov.
Smith is not tenable. He shows, and
shows conclusively, that this very ques
tion has already been raised in the Leg
islature, and determined by that body
in accordance with the views of the
Chronicle and Sentinel. The language
of the Legislature, as quoted by “Ty
rone,” is plain aud emphatic, and will
admit of but one construction. The
second General Assembly cannot amend
or alter a constitutional amendment
adopted by the first; it must either ac
cept it just as it was transmitted or else
must j reject it. Our correspondent
also proves that there was no
alteration of the amendment in re
lation to tho election of Solici
tors-General, and that it was not
necessary, under the Constitution of
1798, to submit changes in the organic
law to a vote of the people.
PARALLELS OP LATITUDE.
The Philadelphia North American
styles the Chronicle and Sentinel a
“White League” organ in noticing a
recent article in this paper on the sub
ject of Northern and Southern Ku-Klux,
and declares that there is no parallel be
tween the outrages committed in the
two sections. It also says that there is
a wide difference between slaying sheep
in Colorado and human beings in
Louisiana. We believe that the North
American is inclined to be fair if it
could, but it cannot avoid misrepresent
ing the South and the Southern people,
no matter how faithfully it tries. We
quoted the disturbances in Colorado in
order to showliow a difference in latitude
made a difference in crime; that that
which was a local disorder on the forty
first parallel, was insurrection and civil
war on the thirty-second. In Colorado
♦here is a bitter and deadly feud existing
between the sheep farmers and cattle
raisers. Large bands of disguised men
range the country at night, attacking
farms, breaking open sheep-folds and
cattle-pens and slaughtering dumb ani
mals by the lmudred. These troubles, as
the American naively remarks, have not
proven “serious enough for the Northern
journals to pay any attention to them.”
This is a “local disorder” on the forty
first parallel. In Edgefield county,
South Carolina, a large band of negroes,
armed with guns of the most improved
pattern and make, assemble and de
clare that they intend to wage war
upon the whites in revenge for a certain
injury, real or imaginary, done their
“Captain.” The whites, after remon
strance and reasoning had failed, hastily
organize with such weapons as they
were able to procure, to protect their
homes from the torch of the incendiary,
and their wives and children from the
bullet of the assassin. Instead of
promptly attacking, as they might have
done, and as most people would have
said they were justified in doing, their
leaders carefully avoided bringing on a
collision, temporized and treated for
days with the savage and blood-thirsty
foes who confronted them until a com
pany of United States soldiers could
arrive on the scene, whose commandant
compelled the negroes to surrender
their arms and disperse. Such an oc
currence is trumpeted through the North
and denounced in journals like the
American as an act of war, as a renewal
of the conflict which terminated at Ap
pomattox. This is civil war in the low
latitudes. In several instances recently
mobs have attempted lynch law in Penn
sylvania ; these were local disorders
which must be dealt with by local au
thorities. In several instances recently
mobs have attempted lynch law in Ten
nessee and Kentucky ; these were acts
of “rebellion” which could only be sup
pressed by the strong arm of the Govern
ment—the army of the United States.
Parellels of latitude make all the differ
ence in the world.
BACON VS. SHAKSPEARE.
The New York Herald having exhaust
ed and Beecherism, and Pe
destrianism, has taken up the case of
Bacon vs. Shakspeare, and given noto
riety to a discussion which has been go
ing on for some time, but which has
not obtained much publicity. As usual,
interviewing has been resorted to for
the purpose of ascertaining public senti
ment on the question of the paternity of
Hamlet and Othello. It is a little sig
nificant that so far none of the actors in
terviewed have taken sides with the
Baconians. The knights of the sock
and buskin stand manfully by the old
belief aud refuse to allow that the plays
of Shakspeare were written by any
other Shakspeare. Mr. Dion Bouci
cault, who has taken many liberties
with the divine William and his plays,
refuses to admit the claim set up by the
admirers of the Lord of Vernlam and
scouts the ingenious reasoning and re
fined subtleties by which they seek to
convince the world of the correctness of
their position. Even the negro min
strels are found fighting for the honor
of the Bard of Avon aud against the
literary ghouls who wish to win dis
tinction by robbing the dead of long
worn laurels. Billy Birch, having
been subjected to the pump of the in
terviewer, thinks “that the sainted
Shakspeare has been most vilely sland
ered in this respect,” and that “the man
who would lift his hand against the
bones of the immortal William is a
j dastard and a slave whom it would be a
benefit to mankind to cremate in a boiler
. for the novelty works.” The indig
| nant ministrel swears that he had
J “ rather be an end man and live on the
| vapors of Swiss cheese than stand by
and see this great man receiving as
many ‘ back caps ’ as he has heard about
i the Bard of Avon this two days past.”
’ Charley Backus says if they sell pools
he is bound to “ buy Shakspeare
against the field, welter weights or any
other way.” Nelse Seymour stands
| ready to “ heel for William ” and Dan
Bryant proclaims that he will “ vote
the same ticket.” In the meantime, the
Herald having exhausted the field of
burnt cork, and found sentiment unani
mously in favor of the divine William,
is extending its researches into other
quarters where the feeling is more par
tial towards the “claimant.” People
generally, however, we think, will en
dorse the views, if not the language, of
Messrs. Birch, Bryant and Backus,
and the Baconlan idea will scarcely
find many supporters outside of the
literary few who .delight to construct in
genious but fine-spun theories on such
AUGUSTA. GA.. WEDNESDAY MORNING. OCTOBER 14, 1574.
, themes as the identity of the Man in
the Iron Mask and the author of the
| Letters of Junius. •
COL. JAMES GARDNER.
The annnonneement of the death of
Colonel James Gardner will be read
with feelings of deepest regret by the
many friends and admirers of the de
ceased in this city and throughout the
State of Georgia. For many years of
his life Colonel Gardner held a very
prominent position in public affairs,
and exercised a marked influence upon
the politics of his State and section. As
editor of the Constitutionalist, which
was under his administration the lead
ing Democratic paper of Georgia, he
achieved a reputation as a journalist
second to that of no man in the South.
He was a writer of wonderful force and
vigor, and stood almost without a rival
in the field of political controversy. His
party services were so valuable and so
highly appreciated that before the war
a formidable movement was started for
the purpose of making him Governor,
which only failed of success by a few
votes in the nominating convention of
party. His connection with the
press ceased some years ago—with
the exception of a short period after
his return from New York—but he
continued to take an active in
terest iu public affairs up to the time
of his death. The heartfelt sympathy
of many friends will be extended to his
family, which has sustained so keen a
bereavement in his death.
THE CHRONICLE AND SENTINEL
AND MR. STEPHENS.
We find the following in the Tele
graph and Messenger, of Sunday:
The Chronicle and Sentinel, refer
ring to Mr Stephens’ opinions with re
gard to Grant’s position toward the
white people of Louisiana, says: “The
Democrats of the Eighth District have
eaten none of Mr. Stephens’ broiled buz
zard, either on toast or off toast, and
they cannot be held responsible for his
strange appetite.” Rather strange from
a paper that is heartily favoring the
election of the gentleman with the taste
for buzzard to Congress.
We fail to See anything strange in the
language used by the Chronicle and
Sentinel. This paper has supported
Mr. Stephens since his nomination by
the Democratic party just as it would
have supported any man who was made
its nominee. But we wished it to be
distinctly understood that the Conven
tion which nominated Mr. Stephens, the
newspapers which support and the peo
ple who will vote for him as the nominee,
do not endorse or approve his views
upon the salary grab or upon Grant’s
support of the Kellogg usurpation. We
see nothing strange or inconsistent in
the course pursued by the Chronicle
and Sentinel.
INSANE HOMICIDES.
Chancellor Peyton, of Jackson, Mis
sissippi, has delivered au interesting de
cision bearing upon the disposal of mur
derers alleged to have been insane. A
law had been enacted by the Legisla
ture providing that whenever, on the
trial of any person charged by indict
ment with murder, manslaughter, or
assault with intent to kill, a reasonable
doubt may arise as to his sanity, the
Court must order a jury to be empan
elled to inquire into the fact, and all
other proceedings mast be suspended
until the question of sanity be deter
mined by the verdict of tho jury. If
the jury find the defendant insane, the
Court shall order that he be confined in
the lunatic asylum for a term not less
than ten years, under restrictions proper
to dangerous insanity, and it shall not
be competent for any Court or Judge to
deliver such person from confinement
under a writ of habeas corpus until the
term of ten years or more has expired.
A man named David Roach had been
sentenced under its provisions in 1871
to twenty years’ confinement in the Mis
sissippi State Lunatic Asylum, a jury
having decided that he was insane at
the time of the homicide, though sane
when on trial. Last week he was brought
before Chancellor Peyton on a writ of
habeas corpus , and his release ordered,
on the ground that the Legislature did
not have the authority to confer such
extraordinary power upon Courts. The
same question may some day arise in
our State. The law of Georgia provides
that where a plea of insanity is filed in
behalf of the accused and a special jury
shall find it to be true the . Court shall
order the defendant sent to the State
lunatic asylum, there to remain until
discharged by the General Assembly.
In the event of a recovery of reason and
the failure or refusal of the Legislature
to order his release, the Courts would
be called upon to grant a discharge.
The “ Grant Club ” in Atlanta—
which organization, we believe, is com
posed of Samuel Bard, Postmaster,
President; C. W. Hubner, Deputy
Postmaster, Secretary, and Messrs.
Bard and Hubner members—has writ
ten a letter to Hon. Henry W. Hilliard
asking that gentleman for his legal opin
ion upon “the legality of President
Grant’s action in the ease of Governor
Kellogg and the recent troubles in the
State of Louisiana.” The “Grant
Club” was evidently in trouble about
this “recent action” of President
Grant, because they say—in small
oaps—in their note that this request is
“ made in behalf of the National good,”
and they “respectfully beg” Mr. Hil
liard not to “ decline onr solicitations.”
Mr. Hilliard has yielded to the request,
and given to Messrs. Bard and Hub
neb —in their threefold Gov
ernment officers, citizens and Grant
Club—his legal opinion, which is te the
effect that the “recent action” of Presi
dent Grant “is in strict aceordhnce
with the laws and the Constitution of
the United States, and entitles him to
the respect and support of the whole
country.” We are afraid that the Presi
dent will not get what he is entitled to
unless Sam Bard aDd C. W. Hubner
present him with their respect and sup
port, which they can well afford to do
on their present salaries. Most people
in the South will agree with Mr. O’Conor
rather than Mr. Hilliard, and they will
not think General Grant entitled to
much respect or support for sustaining
a most infamous usurpation—which he
had put in power at the point of the
bayonet—when it reeled and fell beneath
the blows of an outraged and indignant
people.
Mr. Andrew Johnson is running a
lightning schedule in Tennessee. He
made a speech in Chattanooga last Sat
urday, in which he announced himself
in favor of the repudiation of the entire
i bonded debt of the United States aud of
! the State of Tennessee, on the ground
j that the bondholders have already re
| ceived more interest than they paid for
I the bonds. He wishes all the National
banks abolished, greenbacks issued to
replace their currency, and then a re
! sumption of specie payments. W. B.
I Stokes, a prominent Radical of the same
i State, followed Mr. Johnson, and also
; declared himself in favor of the repu
diation of the National debt unless the
Government agrees to issne two thou
sand millions of bonds to the Sonth in
payment of the emancipated slaves.
The Gainesville. Eagle is still com
plaining of “hard times,” which is
simply a force of habit.
THE CONSTITUTIONAL AMEND
MENT QUESTION.
Editors Chronicle and Sentinel :
In your issue of the 4th insk, you say
in speaking of the position of the
Atlanta News on the bond qnestion:
“The News frankly admits that at
first it gave the same interpretation to
the clause of the Constitution as has
been given by all of the papers which
have discussed the question, viz : That
a valid ana binding amendment wonld
have to be passed by two new Legisla
tures and t hen ratified by a vote of the
people. It has changed its opinion be
cause it has been shown that the old
Constitution of Georgia contained the
I same clause with reference to amend
! meuts a3 the new, and that in 1854 an
amendment abolishing elections for So
licitors-General was passed by one Leg
islature, taken up and subjected to ma
terial amendment by the next General
Assembly, and then submitted to a
popular vote. This, it thinks, is a pre
cedent which would warrant similar ac
tion upon the amendment now pending.
We cannot agree with this view of the
case.”
Taking’itthat you apprehend the posi
tion of the News aright, you are cer
tainly correct in dissenting from its
views. It is notijthe case that “the old
Constitution of Georgia contained the
same clanse with reference to amend
ments as the new,” nor is it true that
“in 1854 an amendment abojiphing elec
tions far Solieitor-Gaaerala was passed
by oue Legislature, taken up and sub
jected to material amendment by the
next General Assembly and then sub
mitted to a popular vote.” The old
Constitution of Georgia, by which I pre
sume is meant the Constitution of 1798,
offeree in this State up to the adoption of
anew organic law in 1861, made no pro
vision for submitting any proposed
amendment to the popular vote for final
ratification, confining its requirements
to an adoption by a two-thirds vote of
ach House on three several days; a
publication of the amendment so passed
for six months previous to the next elec
tion for members of a General Assem
bly, and then a readoplion by the new
Legislature by a two-thirds vote of each
House on three several days. (See
Const., 1798, art. IV., sec. 15.) As early
.as 1811 the meaning of these require
ments came into question, aud the point
was referred to a joint committee, which
reported as follows :
“ As inconvenience may result, and in
fact the objects of the Constitution be de
feated by amendments to the same, dif
fering from each other, in two different
sessions, they recommend that the fol
lowing rule be adopted by both Houses,
viz : That when an alteration or amend
ment to the Constitution has passed
during one session of the Legislature,
the same bill, with the seal of State
thereunto affixed, shall be introduced
for its final passage at the, next, and
that no other bill be received in lieu
thereof ” —which was adopted by joint
resolution of December 16, 1811, and
has been the rule ever since.
As to the alleged alteration of an
amendment respecting Solicitors-Gen
eral in 1854, the facts are that that
amendment underwent no alteration
whatever from first to last, but was
adopted iu strict conformity to the con
stitutional rule as above laid down. The
Constitution of 1798, provided, Art. 1.,
sec. 3, that “There shall be a States
Attorney and Solicitors, appointed by
the Legislature," etc. An.amendment to
strike out the words “appointed by the
Legislature,” and insert iu lieu thereof
the words “elected by the persons en
titled to Vote for members of the Legis
lature, at such times and in such man
ner as the Legislature shall or may by
law direct,” passed the first time Feb
ruary 7, 1854 (Ga. Laws, 1853-4, p. 24),
and the second time December 12, 1855
(Ga. Laws, 1855-6, pp., 105-6), ipsissimis
verbis.
No change whatever was made, but
what the News seems aiming at is this,
that in 1855 a second Legislature omitted
to pass one part of an amendment (re
specting the legislative power) which
had been passed by its predecessor.
Though the matter never came into the
Courts, the validity of this action seems
to have been questioned, since in 1860
we find the Legislature proposing an
other amendment to the same end (Ga.
Laws 1860, p. 26). In the light of these
facts it can be seen that the’ constitu
tional law of Georgia offers small ' en
couragement to the view that a second
Legislature may lawfully vary a consti
stitutional amendment proposed and
passed by its predecessor. The desired
alteration must stand or fall as first
framed.
To this it may be added that the act
proposing the amendment now in ques
tion begins thus: “That as soon as this
act shall have passed by two successive
Legislatures and been ratified by the
people,” etc., and “that so soon as this
act shall have been passed by the re- .
quisite vote,” etc. Now if it be not this
act but some other act—and any the
least alteration makes it another act—
that is passed by the Legislature of
1874-5, it is evident that the Legislature ,
of 1874-5 has passed one amendment,
whereas the Legislature of 1873-4 passed
another aud consequently that the con
currence of two successive Legislatures
on the same amendment has not been
obtained. Tyrone.
The Judge That Couldn’t Bee the
Blind.
It is absolutely necessary in Montana
that a Judge should know something of
cards. If he does not he is always lia
ble to have the gravity and dignity of
his Court disturbed by a scene similar
to one which happened to Judge Servis,
Associate Justice of the First District
Court. It was a case of a quarrel over
cards and an assault and battery, and
the first witness was one Bob Gibbons.
The Witness—“ Well, we sat down to
the table; Anderson sat there, Parks
here, aud I there (making a diagram on
the Clerk’s table); Parks dealt the cards;
I went blind; Anderson went blind over
me, and Parks could not see him.” The
Judge, who is a little deaf, was in the
habit of making an ear trumpet of his
hand, and throwing his head a little for
ward and sideways. Having gone
through this pantomime, he interrupted
the witness by asking him :
“What was the reason that Parks did
not see Anderson?” The witness re
plied: “I don’t know, but he would not
see him.” “Proceed,” said the Judge.
“Well, I saw him, he saw, and just at
that minute”—
“Stop, sir,” said the Judge, throwing
himself into a hearing attitude, “Did I
understand you to say that you went
blind ?” “Yes, sir, I went blind, and
Anderson he went blind, and Parks
would not see him, but I saw Anderson,
and then he saw”—
“Witness,” exclaimed the Judge,
striking the bench with his clenched
fist, “do I hear you right, sir. Do you
say that you went blind, and then you
saw ?” ‘“Yes, sir,” replied the witness.
“I saw Anderson, and Anderson saw,
and just at that”—
“Stop, sir,” said the Judge. “Mr.
Clerk, fine the witness §SO for contempt
of Court, and direct the Sheriff to take
him to jail, and there to keep him until
he receives further orders from the
Court. Call up the next case, Mr.
Clerk.” Bob Gibbons was dumfounded,
and did not awake to a reality of- his
condition until the Sheriff laid his hands
on him, when he exclaimed :
“Good gracious, Mr. Judge, what
have I done tfiat I must go to jail ?”
The Judge, who was purple with rage,
did not deign to reply to poor Gibbons,
bnt reiterated the order with increased
vehemence, and the members of the bar,
who had anticipated the fix that Bob
would eventually be placed in, were con
vulsed with laughter, which increased
the rage of the Judge to the highest
pitch. The prosecuting attorney en
deavored to enlighten the Judge and
eventually succeeded, but not until he
had produced a pack of cards, and after
dealing out three hands made the blind
as clear as day to the Judge. The fine
and imprisonment were remitted, order
was restored in the Court and Gibbons
was allowed to proceed with his testi
mony.
Boiler Eyplosion. Last Monday
morning, about 8 o’clock, the boiler at
tached to an engine used to run a cotton
gin on the farm of Mr. Jesse M. Tur
pin, two miles from the city, exploded
and hurled an old negro man named Al
fred Harper, who was running the en
gine, some distance. He was scalded so
badly and injured otherwise to*such an
extent that he died at 10 o’clock, Mon
day night. The explosion was caused by
too great a pressure of steam. Two
other negroes, who were near by just be
fore the accident occurred, warned Har
per that he was getting up too great a
head of steam. He paid no attention to
them, however, and they left, tearing an
explosion, and the result showed that
they were justified in their fears.
[New York Tnbune.]
THE CAMPAIGN WAR DANCE.
It was an impressive moment for
Gloucester, for Essex county, for Mas
sachusetts—why not indeed for the
country and the world ?—when on Fri
day last, at a soldiers’ reunion in Glou
cester, Mr. Benjamin F. Butler made
public announcement that he had in
formed General Belknap, the Secretary
of War, that he might call on him for
five thousand troops in thirty-six hours
to put down the new rebellion in Lou
isiana. We are not aware that Gloucester
or any other neighborhood, seaport,
lake port, inland town, fishing village or
wood station, was standing with great
cold drops of perspiration on its back in
a shiver of terror and dread at the pos
sibility of another war; nor have we
heard that the fishing smacks of Glou
cester, descrying war clouds on the
horizon, have come flying into port,
quivering from truck to keelson with
apprehensions of new Alabamas, Talla
hassees and Shenandoahs, or that the
affrighted villagers have begun to throw
yip earthworks or dig canals. But even
if these things were happening we
should rest assured that the
voice of Mr. Butler and the prom
ise of five thousand men would
calm the whole perturbed coast and
drive back the rebellion to what the en
thusiastic Patriot calls its “Lair.” It has
already been related how Mr. Butler,
having disposed himself for retirement
from polities and a restful remainder of
life, was turned from his purpose by the
reports borne to him on Southern
breezes of bloodshed, outrage, drawn
daggers, Ku-Kluxes, raw heads and
bloody bones and murder in the bush.
How he buckled on his sword and said,
“ The crisis calls for ME !” how he put
all other considerations behind him, as
usual, and said, “ I will continue in the
service of my country at any cost—to
the country;” how he looked three hun
dred Gloucester people in the face—as
near as they could judge—and said, “If
the mere fact of Democratic success in
New Hampshire and Connecticut has ex
cited this new rebellion in Louisiana,
what bloody work would follow if 1
should be defeated !” and how he of
fered then and there not to be defeated
if they would stand by him at the polls,
has already been told.
On Saturday last he gave Gloucester
another sensation. Addressing the army
reunion referred to, he said : “I have
come from Washington as fast as the
train of cars would allow me to. lam
here now to say to yon what I told the
Secretary of War. I repeated to him
what I told you on the field of Framing
ham. I said, Don’t bother about call
ing your troops from the plains. Don’t
trouble yourself to take away the fron
tier’s protection against the fighting
savages. Send us an order. Send Gov;
Talbot an order, and in thirty-six hours
5,000 troops as good as the sun ever
shone upon, or as ever stood in array,
shall be in Washington. If you send to
us, as soon as the trains can carry us we
will be in New Orleans, Texas and Ala
bama. And as I got tip I added: One
other request—ln God’s name, Mr. Se
cretary, if you do call Massachusetts
troops into the field, don’t for
get to ask me to go with them.”
We do not remember to have
heard before of “ the field of Fram
ingham.” Doubtless it is the scene of
one of Mr. Butler’s many triumphs, and
he repeated to the Secretary some stir
ring general order of li;s on the occasion
of a Republican caucus. But how it
must have encouraged Secretary Belk
nap to have Butler take this whole busi
ness off the shoulders of the War De
partment. And how it must have thrilled
the heart of tho soldierly Secretary when
Butler “added” as he “got up”—and he
is one of the most remarkable men in
this or any country for adding as he gets
up—his “one other request”—“in God’s
name if you do call Massachusetts troops
into the field don’t forget to ask me to
go with them.” We suspect that all
Massachusetts, unless it may be the
troOps themselves, will join most .cor
dially in the “one other request.”- We
ought to be very grateful to this able
”4ied warrior—and wo hope we are—
for hurrying home “as fast as the train
of cars would.ailow him to”—queer that
neither the traanp of his iron heel nor
the jingle of his spurs was heard as he
rushed through New York—to tell the
Gloucester people what he had done,
and reiuvigorate an otherwise dull can
vass.
But Mr. Butler is not alono in his de
sire to serve the country. Other ardent
patriots have been springing up for the
past two or three weeks in various parts
of the country whose cries were warlike
and their breath'sulphurous. They
have for the most part harangued Con
ventions and kindled with their burning
words the souls of delegates from the
rural districts, who are not permanently
aware of the cessation of the war. These
are major generals and brigadier gene
rals, men whp were never known to
shrink from the gaze of a Convention or
hesitate to encounter storms of popular
applause. The number who are willing
to raise 5,000 men to put down a rebel
lion a thousand miles away that has al
ready surrendered can hardly be com
puted. They pack the platforms of po
litical assemblies and address, their
fellow-men with great energy, earnest
ness and fluency. There are more men
willing to raise brigades than there
are brigades willing to be raised.
Most of the willing leaders, whose
souls are in arms and eager for the fray,
have an idea that the way to begin sub
jugating the rebellion is to send men to
Congress whose names will strike terror
to the hearts of the rebels, and they are
quite desirous of beginning in that way.
Not all, however, are ambitious in that
direction. Here, at the Utica Conven
tion the other day, was' Brigadier-Gen
eral Woodford, who has just resigned
his seat in Congress—a position in which
he showed wisdom and sense that noth'?
ing he ever said in a convention or on a
stump gave any promise of—and he,
warming himself up with the suggestion
of anew rebellion in Louisiana, fairly
howled himself red in the face with tem
pestuous threatenings of what this
great nation would do if rebellion should
“ raise its armed hand” or do some other
such rhetorical thing against the peace
and contrary to the statutes. Ft is very
impressive, all this, of course. It warms
the blood of the patriot, sweats the ora
tor and makes him thirsty, and makes a
lively campaign.
And yet—and yet—we venture some
what timidly into the society of these
warriors and the charmed circle of the
war dance—but may we not suggest in
some moment’s pause in the clank of
saber and sword, the hoarse cries of
quartermasters, and the rallying shouts
of sutlers—that as a matter of fact—
mere matter of fact—there’s nobody in
arms against the United States Govern
ment, nor anybody anywhere threateu
ihg it, or dreaming of doing so. The
people of Louisiana did rise up and
throw off the government which in their
opinion and the common belief is in il
legal and unwarrantable usurpation ;
but when the Federal Government com
manded that the Kellogg government
be reinstated, they obeyed without the
slightest show of resistance. The spec
tacle of warriors girding themselves for
the fray and preparing for the distribu
tion of army contracts is always an in
spiring one; but there comes a time
when the observant citizen turns from
the din of martial preparation to see
what enemy is in the field. The ab
sence of any enemy whatever withdraws
an essential element of the sublime and
is very liable to expose the demonstra
tion to the ridicule of the frivolously in
clined. We may be pardoned, we hope,
then, for suggesting to the warlike spirits
who are just now engaged in electing
themselves to Congress to put down’ a
new rebellion that there is not so much
as a triggerless musket in the field
against them; that the only people who
have made any disturbance pet up their
hands for manacles at the first word
from the United States Government, and
offered no resistance, and that the only
uprising contemplated by anybody is a
peaceable one at the ballot box against
bad men of all parties, who for selfish
purposes conspire to perpetuate misrule.
And there be those who, seeing how
complacently these ardent patriots have
sat and looked upon the wrongs and rob
beries to which the people of Louisiana
and other Southern States have been
subjected, and how calmly and lazily
they have considered the subject and
postponed consideration of it, cannot
but wonder at the eagerness with which,
in the midst of a political campaign,
they hasten to take up arms and raise
troops when the people rise up and re
move their oppressors.
Lieut. St. Schult, Company A., 18th
United States Infantry, fell dead at the
car shed in Atlanta Sunday night. Epi
leptic fit.
C. H. Carter, of Baraesville, Ga., and
quite a young man, dropped dead in an
Atlanta bagnio Tuesday night.
[From the Atlanta Constitution.]
OBITUARY.
Death of David G. Cotting.
Mr. David G. Cotting, who has been
suffering for some time from a complica
tion of disorders, died on Sunday night.
The immediate cause of his death was
pneumonia. Judge Cotting was born in
Delham, Massachusetts, on the 28th of
September, 1812, and was therefore over
sixty-two years of age. After graduating
he devoted four years to the study of
Greek and Latin. He moved to Wash
ington, Wilkes county, in this State,
where for a short while he was engaged
in school teaching. He was the editor
for several years of the News and Plant
er, published in Washington. On the
13th of December, 1845, he married Miss
Frances L. Beazley, of Washington. In
the early part of the wal he was one of
the editors of the Augusta Chronicle
and Sentinel, and in 1861 became one
of the editors of the Augusta Evening
Dispatch. In 1860 and 1861 Judge Cot
ting, while conceding the right of seces
sion, contended that to secede was sui
cidal and against our best interests. At
the close of the war he advocated the
holding of a convention by the white
people, urging that the negroes would
.hold one and make a Constitution inimi
cal to us. Most of the present constitu
tion was, wo are informed, framed by
him. In 1868 he was elected by the
Legislature Secretary of State. Gov.
Bullock, however, never consulted Judge
Cotting on any of his measures, except
when ho was called as a member of the
State Board of Education to decide on
text books. Then Judge Cotting voted
against the books of Northern publish
ers which contained in them allusions to
“ the rebel Lee,” “ the rebel Johnston,”
etc. Judge Cotting was a man of ripe
scholarship and strong integrity of pur
pose. During his life his honesty and
uprightness were never questioned, for
all who knew him had the fullest confi
dence in him. While the stress of cir
cumstances aligned him for the time
being with Bullock and his crew, Judge
Cotting never participated in evil practi
ces or endorsed their wrong doing.
A NICE STATE OP AFFAIRS IN
ALABAMA.
Citizens Arrested Without Form or
Warrant—A Reijrn of Terror.
Montgomery, October 6.—A letter to
the Advertiser from one of the most
prominent and reliable citizens of Sum
ter county says: “The United States
Marshals avo very actively engaged here,
and martial law in point of fact exists in
Sumter. Houses are entered by United
States soldiers without the form of cere
mony. Private property is taken and
carried oft’ without leave or license, and
private citizens, against whom there is
no show of charge, are arrested without
warrant or process of law. A few nights
ago the whole body of the Democratic
and Conservative Convention was put
under arrest until the Deputy United
States Marshal saw proper to release
them. On the next night a squad of
Federal soldiers went into the country,
went to a hpuse and not finding the
owners at home, took into their posses
sion guns and pistols belonging to dif
ferent parties. At one of the houses, in
charge of a negro man, who was sleeping
in it with his little son, in attempting to
surround they awoke the little boy, who
became frightened and started to run.
He was shot at eight or nine times, but
whether wounded or not I am unable to
say. The next night Marshal Randolph,
with soldiers and a detective, went to
the house of one of the most quiet and
respectable citizens and surrounded his
house. When he got up in the morning
he found that his premises were guarded
all around. As soon as he dressed he
opened the doors, and Randolph, the
soldiers and the detective went in.
The gentleman was ordered to cross his
hands so that he could be handcuffed.
He demanded their authority for his ar
rest. The United States Deputy Mar
shal significantly tapped his musket and
remarked, ‘This is my authority. ’ An
other old man started early to town.
The United States Marshal with his
squad met him, told him he was out too
early and arrested and held him several
hours. The Marshals appear surprised
to find no White Leaguers in the coun
try.”
Mobile, October 6. —Messrs. Penfroe,
Bullock, P. A. Hillman and Childs, the
gentlemen charged with the murder of
W. P. Billings, in Sumter county, ar
rived here Sunday evening. They were
interviewed this morning. The accounts
they give of their sufferings and the bru
tal hardships they had to endure are
dreadful. Handcuffed and chained to
gether after the arrest was made, they
were put in charge of a guard of Fede
ral soldiers, < who had instructions to
shoot them on the slightest provocation.
They were carried to a train at Demopo
lis, and along the entire route to Mont
gomery were the subjects of curses and
abuses from negroes and scalawags, who
were freely admitted to the cars. When
remaining over at any station they were
thrown into the vilest dens, reeking with
filth, were denied water and meals, and
prohibited from communicating with
their attorneys. The Marshal who
arrested the prisoners had a war
rant for William Hillman. P. A.
Hillman demanded the authority
by which he was arrested, and the Mar
shal replied, “It don’t make a damned
bit of difference, I will take you along”
now and get William some other time.
The trial is still progressing before Com
missioner Gillette. Three negro wit
nesses were examined to-day. Their
testimony was incoherent, showing that
their lesson was not well learned, as they
contradicted themselves frequently. ,
CENTRAL AMERICA.
Cession of the Darien Region—A Great
Earthquake in Guatamala—Loss of
Life and Destruction of Houses.
Panama, September 2G. —A bill has
been introduced in the Assembly au
thorizing a cession of the Darien region
to the National Government. It passed
its first reading, and was referred to a
committee, but is likely to meet with
strong opposition when it is again
brought up for discussion.
' The United States flagship Richmond
is here.
A correspondent of the Star and Her
ald, writing from Antigua, Guatamala,
under date of the 4th inst., reports an
earthquake took place there the evening
before, at 8:30, p. m. Without any pre
vious warning a strong earthquake shook
the ground violently in the direction
from west to east.
The movement was a series of strong
vertical and horizontal impulses com
bined. The wave, like undulations on
the surface, rose and fell at least a foot.
This acting alone, with the above men
tioned vertical movement, made it al
most impossible to move about without
being thrown to the ground. Added to.
this there were the piercing cries of the
populace, creaking and cracking of
walls, loud sounds like thunder from the
earth beneath the rattling noise of tiles,
houses and walls falling, which alto
gether formed a hideous concert which
can never be forgotten. It was very
dark, too, and every visible object was
in violent motion. Long after the first
shock had passed there was still the
noise of walls falling, more or less dis
tant, and suddenly arose the sound of
hundreds of voices chanting hymns to
the Creator for mercy. Shocks fol
lowed during the night of vary
ing intensities, every one of which
gave rise to new alarms and new im
plorations for mercy. Night seemed an
age in length. Fortunately no rain fell.
About two dozen houses that were in
habited were destroyed, causing, as far
as could be learned, a loss of thirty-two
lives. The number of houses damaged
and which will have to be taken
down will be found to be considerable.
The Indians say that three villages at
the foot of the volcano have been de
stroyed, though this wants confirma
tion.
All squares and open places’are cov
ered with tents and other modes of pro
tection. The inhabitants fear the ap
proach of night, expecting a repetition
of the earthquake at the same hour.
Even carriages and carts serve as tempo
rary abodes.
The sale of the Macon and Brunswick
Railroad, which takes place, by order of
the Governor, on the second Tuesday in
December, is attracting a good deal of
attention. The people of Macon are in
mortal dread that the Central will bny
it, tear up the track, and close up the
entire concern. The Macon Star ad
vises the Macon and Augusta and Geor
gia Roads to bid it off “and thus open a
new route to the West from Savannah.”
Let’s see how that looks : Distance from
Savannah, via Macon and Camak, to At
lanta, 406 miles. From Savannah, via
Macon and the Maeop and Western Road,
295 ! In favor of the present route, 111
miles.
1 RAILWAY ROMANCE.
THE STREET RAILWAY VS. CARL
TON HILLYER.
Yesterday morning the Chronicle and
Sentinel stated that the Augusta and
Summerville Railway Company had
brought suit against Mr. Carlton Hill,
yer, Auditor of the Georgia Railroad
and Member of the City Council, to re
cover fifty thousand dollars damages for
defamation of the company’s title to the
exclusive use of steam power on Wash
ington street. The following is a copy
in full of the petition filed by the attor
neys of the corporation in the office of
the Clerk of the Superior Court:
Chapter I—Which Tells of the Former
Prosperity and Happiness of the
Street Railway.
State of' Georgia—Richmond County.
To the Superior Court of Said County :
The petition of the Augusta and Sum
merville Railroad Company slieweth,
that Carlton Hillyer, of said county,
has greatly damaged your petitioners,
for that whereas heretofore, to-wit: On
the 4th day of Juue, 1873, the Georgia
Railroad and Banking Company having
no authority by law to connect with
any other railroad at the city of Au
gusta, and desirous of making through
connections, entered into a contract
(hereto the Court shewn, and a copy of
which is hereto annexed as a part
hereof), whereby they contracted to make
payments to your petitioners on the Islh
day of each month thereafter, at the rate
of ten cents per passenger and three
cents per hundred pounds for all freight
by them carried over the tracks of your
petitioners, to their depot, in their cars,
from any depot or warehouse in the city
of Augusta. And your petitioners aver
that since the making of such contract
no such payments has been made except
for the months of October, November .
and December, 1873, and January, Feb
ruary and March, 1874, and that there
is due, therefore, upwards of twenty
thousand dollars which the said Georgia
Railroad aud Banking Company refuse
to pay, and for which separate actions
are now pending in this Court.
Chapter ll—Showing that the Naugh
ty Hillyer was an Auditor and a
.Stockholder.
Your petitioners further shew that at
the making of said contract the said
Carlton Hillyer was the auditor of said
Georgia Railroad and Banking Company,
and as such it was his duty to make and
render payment, and statements to your
Eetitioners under said contract. That
e rendered no monthly statement nor
made any payment under said contract
until after suit was brought by your peti
tioners against the Georgia Railroad
and Banking Company for whut was
due under said contract, to September
1, 187S, of which suit the said Carlton
Hillyer had notice, and well knew at
iihe time that the same was due to your
petitioners from said Georgia Railroad
and Banking Company. That also at
the making of said contract said Carlton
Hillyer was a stockholder in said Geor
gia Railroad and Banking Company to
the amount of thirty-one (31) shares, of
the value of thirty-one hundred dollars.
Who Envied the Happiness of the
Railway,
And for the purpose of avoiding said
contract and to benefit thereby the.said
Georgia Railroad and Banking Company
and himself as such stockholder, he
wilfully, maliciously and without prob
able cause conspired to throw a cloud
upon the title of your petitioners to the
franchise possessed by them, and to
render the same valueless by exciting
public prejudice against them, and
cause them thereby to surrender the
benefits of Baid oontract and to depre-/
ciate their value in the market to your
petitioners, and in furtherance thereof
published anonymous communications
in the public prints of Augusta, defam
ing the rights and franchises of your
petitioners, so that their stock was re
duced from one hundred and one dol
lars per share, to forty-six 23i-160'dol
lars per share and their title to their
property doubted, their creditors pre
vented from paying them, and they sub
jected to counsel fees and costs in
prosecuting their rights.
And Gories in the Rttin He Has
Wrought.
All which results the s!i;ct 'Carlton
Hillyer has since claimed to have accom
plished. Your petitioners further ; shew
that prior to the acts hereinbefore' set
fbrth they were a corporation holding
and exercising the right, by legislativo
enactment, of running horse cars through
Broad and other streets of the city of
Augusta and engines propelled by steam
through Washington and other streets,
which last described right Was for a
valuable consideration to them farmed
out as authorized by law to other roads.
Chapter III —In Which He Arrays
Public Opinion Against the Rail
way,
That by reason of the arrangement
made with other roads, to pass their
freight and passengers through Augus
ta, your petitioners were enabled to es
tablish their credit firmly to meet all
their liabilities, and to repair the losses
sustained by running their horse cars.
That the said Carlton Hillyer being the
auditor of the Georgia Railroad and
Banking Company, and a large stock
holder therein, applied to your peti
tioners to reduce the rates contracted to
be paid then by the Georgia Railroad
and Banking Company, which was
declined; when wilfully, maliciously
and without probable cause he de
famed the right and title of your
petitioners under said contracts, and on’
divers occasions, by declariug them
valueless and threats of arraying public
opinion against your petitioners in con
junction ivith other persons, has so
affected the good name and title to your
petitioners’ franchises as to render the
stock which previous thereto' sold for
one hundred and one dollars per share
worth now forty-six 231-100 dollars per
share, has subjected them to the neces
sity of instituting suit for Jwhat is due
them under their contract, and to re
duce the amount of traffic over their
city lines, thereby greatly injuring
them.
Chapter lY- In Which He Is Requested
to Step Up to the Captain’s Office and
Settle.
All which is to the damage of your
petitioners fifty thousand dollars.
Wherefore your petitioners pray pro
cess may issue requiring the said Carl
ton Hillyer to be and appear at the next
Superior Court for said county, to an
swer your petitioners in an action on the
case.
Frank H. Miller, McLaws & Gauahl,
Plaintiffs’ Attorneys,
To this the articles of agreement be
tween the Georgia Railroad and the Au
gusta and Summerville Railroad are an
nexed.
Suits Against the Railroads.
The Augusta and Summerville Rail
road has instituted suit against the
Georgia Railroad for $20,000, and
against the Charlotte, Columbia and
Augusta Railroad for a large amount,
stated to be due under contract existing
between the Augusta and Summerville
Railroad Company and said railroads.
These suits are made returnable to the
next term of Richmond Superior Court
New York Episcopal Convention.
New York, October 7.—The Protes
tant Episcopal Convention began this
morning in St. John’s Chapel, Varick
street, where religious services of the
body were held. The chapel was filled
almost to its doors by the congregation,
and the aisles and passages were packed
with people encroaching on the open
space in front of the communion rail.
The morning service and communion
service of the Episcopal Church were
celebrated, many prominent divines par
ticipating.
Bishop Selwyn, of Litchfield, - Eng
land, preached the sermon. Bishop
Lee, of Delaware; Greene, of Mississip
pi; Atkinson, of North Carolina; Potter,
of New York; Clark, of Rhode Island,
and McCoskey, of Michigan, also took
part. At a meeting of members elect of
the House of Deputies held this morn
ing, the following officers were elected:
President, ; Secretary, Rev. W.
M. Stevens Perry, D. D., Diocese of
Georgia; Assistant Secretary, Rev. W.
M. C. Williams, D. D., Diocese of
Georgia; Second Assistant Secretary,
Rev. George A. Mallory, D. D., Diocese
of Connecticut; Third Assistant Secre
tary, Rev. Charles L. Hutchens, D. D.,
Diocese of Massachusetts, and Treas
urer, Mr. Mathew Mathews, Diocese of
Massachusetts.
Dr. James Craey, of Kentucky, was
elected delegate; W. S. Perry, Presi
dent; Henry C. Potter, of New York,
Secretary House of Bishops.
The Atlanta papers devote a great deal
of their space to the coming State Fair.
The preparations are announced as com
pleted and the managers are sanguine of
its great success.
NUMBER 42.
MASSACHUSETTS REPUBLICAN
CONVENTION.
The Nominees for Governor and Lieu
tenant-Governor—Char acteristic
Speech of Dawes —Southern Atro
cities—The Civil Rights Bill a Sacred
Legacy.
Boston, October 7.—The Republican
Convention nominated Talbot for Gov
ernor. The ballot resulted: Talbot, 755;
Loring, 198; Chas. Devens, Jr., 51;
John E. Sanford, 20; B. F. Butler, 16;
Hoar and Dawes each, 1.
Horatio G. Knight was nominated for
Lieutenant-Governor.
The resolutions reaffirm devotion to
the principles upon w'hich the Republi
can party was founded; declare that a
sound currency is indispensable to the
nation’s prosperity, and that to this end
the nation must make its demand
promises to pay equal to gold.
Boston. October 7.—Dawes, who in
the balloting for Governor received one
vote, in his speech said . “The spirit
of rebellion is always sleeping so long
as Republican rule seems.secure, but
instinctively waking into animate feroci
ty at the faintest promise of a return of
the Democratic party to power. It has
been deluded by the Spring 'elections,
and has also come out from its lurking
place, full armed, to hunt and murder
loyal citizens, whom it hates. At such
a time Massachusetts cannot afford to
break her front and give a single voto
to that party 'with which, by somo
strange instinct, he and
Ku-Klux ally themselves, and refuse
to be shaken off. There is not a Demo
crat in Massachusetts I know whose
soul does not revolt at the atrocities
daily committed on defenseless South
ern citizens, and who would not shun
their perpetrators as he would a leper.
And yet the inevitable tendency of
. things is stronger than good resolutions;
political allies must be political friends
until the humblest American citizen in
the meanest hovel, though his face be
as black as the heart of his persecutor,
shall be armed with all legal weapons to
defend himself in the enjoyment of
every civil right to which the' Constitu
tion entitles him.
“ There is no room in the Massachu
setts delegation in Congress for a single
Representative of that party whose
votes are uniformly withheld from such
legislation. Massachusetts has a sacred
legacy in the Civil Rights bill, which she
cannot barter away nor entrust to any
unfriendly keeping. Tho recent outra
ges upon the homes and lives of colored
citizens at the South are shocking to the
heart of fhe nation and all attempts to
overthrow constituted authority in South
ern States are filling it with serious fore
bodings. But these violent demonstra
tions are premature and will defeat their
ends. They have taught the people, be
fore it was too late,to withhold confidence
from mere professions and to devoutly
thank God that Grant and not Buchanan
yields the power of the Government.
No more than in Civil Rights can Mas
chusetts Republicans abate their seal in
the maintenance of public faith ehdang
ed by false theories of finance, and open
assaults against which the Executive
whom they support has interposed as a
shield, the just exercise of his consti
tutional perogative. They will stand by
the Government bf thmr .choice in this
controversy so longosßThpm shall exist
opposition to the. Restoration of gold and
silver as only J®fie basis of currency^”
The President on Louisiana Affairs*
Washington, October 7.—The follow
ing special to the Herald
rejects the views of the President. It
qbmes almost directly from him :
Washington, October 6. —The opinions
of Reverdy Johnson and Charles O’Con
or, with the rejoinder of Mr. Johnson,
on the Louisiana question, have called
attention to an important principle in
the political government of the country,
viz : The right of the President to re
view his dwn acts. The President re
cognizes the, necessity of having this
subject settled without delay. The views
of both Johnson and o’<Jsonor, published
in the Herald , have boen carefully read
by the President.
He does not agree with Johnson that
either Kellogg or McEnery were elected,
but equivocally declares that the elec
tion in 1872 was a mockery, and that his
only motive in recognizing Kellogg was
to save society in Louisiana from an
archy. He does not consider either
Kellogg or McEnery the lawfully elected
Governor of Louisiana. On Friday last,
in conversation with a Southern gentle-'
man, he intimated that this would Ko
his position in his next message to Con
gress, and that he should ask that pro
vision, be made for a free and fair elec
tion* at the earliest possible day, and
should give emphasis to what he had
already declared, that it was time for the
the Republican party to unload Louis
iana.
Augusta Ingenuity. —Probably it is
not generally known that Augusta is
about to present to the world one of the
most wonderful specimens of automatic
work in existeuce, combining art, science
and ingenuity. By tho courtesy of the
inventor of the work, Mr. E. 8. Bleak
ley, we were enabled yesterday to obtain
a view of it. It is the representation of
a mountain landscape in miniature, and
presents a view forty-eigk't feet long
and twelve high. Every detail, from
the boldest precipices glittering with
gliding rivulets and rippling cascades,
down to the fairy island dotted with
tranquil lakes, on the waters of which
sailboats and swans move “asnatural as
life,” is true to natuße. Nearly in the.
centre of the scene a locomotive, draw
ing a train of cars, emerges from a
tunnel and sweeps around a curve,
the whistle . blows and the train
stops, leaving the spectator aston
ished at the natural effect produced.
Near by is a country graveyard,
and not far off, by the side of a brawl
ing “stream, a saw mill in full operation
with a water wheel scattering spray upon
the foliage beneath. Upon the left of
the scene is a handsome villa with
terraces and serpentine walks, over
which a boy may be seen propelling a
velocipede, while fountains play in differ
ent parts of the grounds. A grist mill
and coal mine are on the right, and in
numerable grottos and caves about the
mountain fastennesses. The machinery
which moves the automatic work is hid
den away in the centre of the mountain,
and is a combination of hydraulics and
electricity. The work is the result of
some five years design and labor on the
part of Mr. Bleakley. We under
stand that the inventor intends to ex
hibit his work as scientific curiosity and
will first present it to the public at
Barnum’s Hippodrome in New York
City. [
The great ally of the United States,
the Czar of Russia, not only refuses to
recognize the Spanish Republic, but has
sent an autograph letter to Don Carlos
expressing sympathy with his cause.
While the Czar could afford to amuse
the people of this country with pretenses
of friendship when he could do them no
harm, he finds a Spanish Republic too
near the despotism of Russia to be com
fortable. He has no fear of a Republic
that is about 4,000 miles distant and is
accommodating enough to take tllfe va
cant outlot of Alaska off his hands for
$7,200,000 in gold, in consideratiQn of
his cheap expressions of friendship and
good will. . " .
Capt. S. H. Hill, agent of the South
ern Express Company at Columbus, is
dead. Apoplexy.
“Since 1865 Columbus has ware
housed 51.7,530' bales of cotton, which
have sold in that market for $43,990,020,
and yet, plaintively remarks the En
quirer, the county is poor.” Hero is a
big truth in a very small shell of a nut.
Rev. Wesley Prettyman now says he
not only didn’t steal any money from the
Marietta post office, but when he made
his last payment he threw in nine dol
lars for good measure! As Radical office
holders are habitually doing that sort of
thing, we believe every word of this.
The historical bam of the lamented
Bullock, which was erected for the pur
pose of gamering fodder and other
roughness upon which to fatten Radical
calves, is still standing, though its pro
jector and builder has departed. “On
the Bth inst. a ball and supper will be
given at the Bullock barn, to celebrate
the finishing of the grading of the Ma
rietta and North , Georgia Railroad,”
says the Journal,
The Griffin Messenger announces that
General Toombs will make a speech at
that place during the present month,
and very impudently says in advance
that “his speech will do no good and
perhaps some harm.” “As the people,”
it says, “of this section have long since
learned not to run off after men and
false and ruinous ideas to impoverish
themselves and the government, it is
more than likely that Gen, Toombs’
speech will do but little damage in this
community."