Newspaper Page Text
(Efttottitie and genttntl.
WEDN£SDAT. NQVEMBEB 82, 1878.
Tn postmasters seem to hiT6 gotten
the Radicals into a pretty muddle. The
obituary of the party wiU read: “Died
of too much postmaster.** X
The majority which Georgia gives for
Tms and Hraoucu will reach eighty
thousand votes. Unrile Sammy should
remember the faithful when he oottes
into his kingdom next March. _ ....
Wa hope that Augusts will be well
represented in the Railroad Convention
whioh is to meet here on the 29th inat.
We suggest that the Exchange or Board
of Trade appoint the delegation from this
city. | [
Hon. Geobge D. Tilman has been
cheated of his election to Congress from
South Carolina by the fraudulent vote
of Barnwell and Colleton oounties. We
hope Colonel Tilman will oonteet the
election when the new Congress as
sembles. ____
Bonn years ago a distinguished polit
ical economist asked the question: “Does
Protection protect ?” In view of the
frauds contemplated by the Returning
Boerds of Florida, Louisiana and South
Carolina, we may well ask: "Does Elec
tion elect ?"
I* the recent eleotion in New York the
vote in the Hon. 8.8. Cox’s District was
as follows :
C0x...,. 1T,022
Opposition ao
Cox’s majority.. 10,994
Mr. Cox is a prominent candidate for
the Speakership made vacant by the
death of Mr. Kerb. Mr. Oox has al
ways been a true friend to the South.
The war cloud darkens in Europe.
Russia seems determined to make Tur
key comply with her demands and the
Porte stands firm. The mobilization of
the Russian armies will precipitate ac
tion of some kind. So much is at stake
that the other Powers will earnestly
strive to preserve the peace of Europe.
A few days will show whether there is to
be peace or war.
Db. Redfield, the correspondent of
the Cincinnati Commercial, was in Au
gusta on election day, and was very
much shocked by the heavy Democratic
majority whioh was polled in Richmond
county. The Doctor even complains
that someone invited him to vote,
though he was a resident of another
State. We are sorry that the Doctor
finds so much fault with Augusta hos
pitalty.
It is announced that political pool
selling (fool selling it might be termed)
is over in New York. Mr. Mobbissey is
paying without delay all pools upon
States where the result has been defi
nitely decided; but pools upon the
general result between Tilden and
Hayes will probably be held until the
Electoral College has given itß final de
cision, or until the matter has been set
tled without question as to the issue in
the doubtfu) States. Meanwhile the
money will be lodged in the vaults of
one of the trust companies.
It is estimated that the names of 3,600
voters were stricken from the registry
lists in New Orleans by means of the
“sewing machide affidavits.” To -cer*
tain oitizens on the registry lists a sewing
machine oiroular was sent through the
post office, slightly misdireoted as to*
name or number, so as to miscarry, and
when they were returned to the bogus
sewing machine agsnoy with, the state-,
ment that no such person oould be found
at the plaoe given, the fact was made the
basis of a charge of illegal registration.
A dispatch from Calcutta to the Lon
don Times says it is reported that 90,-
000 persons perished in the cyclone of
Ootober 31st, and some estimates plaoe
the loss of lives as high as 40,000. In
the town of Burnißhol, the capital of the
fiackergunge District, 6,000 houses were
levelled with the earth. Letters from
survivors report that a great wave nine
feet deep swept over the large island of
Dakhin, Shahabazpore. The whole of
Eastern Bengal appears to have suffered
severely from the oyclone, and Calcutta
narrowly escaped. i hri
Governor Kellogg, of Louisiana, on
the evening of the 9th instant, received
a dispatch from a number of oitizens of
his native oounty in Illinois, to the ef
feot that if he made an attempt to de
fraud the people of Louisiana in count
ing the Presidential vote, there were a
thousand of them who were prepared to
xepair to New Orleans and aooord film
the honor of an interview. From all
sections of the country to the North
and East oome assnranoes that the most
perfect fairness mnst be observed in
counting the votes of all doubtful
States.
Three negroes were arrested in
Feliciana, Louisiana, on the Bth, oharg~
ed with the assassination of Capt. West,
who was the Democratic candidate for
sheriff of the parish, and was shot and
killed two days before the eleotion. The
negroes are reported to have confessed
the assassination, and assert that they
were instigated to it by E. L. Weber, of
Bayou Sara, Republican candidate for
Senator. Weber was reported fortified
in hie house, with a garrison of > about
eighty negroes. A company of troops
will be furnished, if necessary, to effect
his arrest.
New York Graphic: The men who
were engaged by the General Commit
tee of the Cooper and Cast party to
tend the boxes on eleotion day held a
meeting at Soienoe Hall on Thnrsdny
evening, having been refused payment
for their s> rviees. The ground of the
committee’s refusal is said to have been
that, as there were over 500 boxes, and
only 266 votes oast, the men whom they
had employed to tend the boxes oould
not have voted for the Greenback cause.
This naiv9 way of looking at the ser
vices of employes on election day has
■excited equal wonder and amusement.
It is not known what steps have been
token by the men to secure their pay.
Tn Brooklyn Eagle says that of the
old "Thirteen States” which, by their
anited efforts, established American In
dependence, nine cast their Electoral
votes on Tuesday last for Uncle Sammy
Ttt.dkv, and but four of them for Mr.
Sans. The following are the eld Bev
olotionary States which voted for Tin
oax ; Connecticut, Delaware, Georgia,
Maryland, New Jersey, New York, North
Carolina, South Carolina and Virginia.
The following four of the original thir
teen voted for HaT®s : Massachusetts,
New Hampshire, Pennsylvania and
Rhode Island. Uncle SaN** nturies
the original Btates by more Utah t wo to
one. Let ns not cheat the "Old Thir
teen,” for we won Id have no opportu
nity of electing a President at all had it
not been for them.
The Philadelphians are still poshing
their efforts to preserve the Main Cen
tennial Building for the purposes of a
permanent exhibition. At a large meet
ing of business men, held on Saturday,
it was resolved to go on with the pro
ject of purchasing the Main Building;
that sufficient subscriptions have been
raoaived to oover the greater part of the
capital for a permanent exhibition in
that building, and to afford satisfactory
Assurance that the whole amount re
united will be forthcoming, and that the
.exhibit* already secured to remain, and
those which there are reasonable ex
pectations of procuring, are sufficient
in number* and quality to make an at
• tractive exhibition. Another noting is
to be held to organize the company, to
•choose directors, and to receive addi
tional subscriptions, either in Centen
nial stock or in cash.
McDnffie county is fattening off of car
dinal red syrup made from ribbon cane.
THE COCESi OjpUHK EMl**:.
The answer of the Denjmtic and
ike Re^K<ulnTommiftik
indicate tha ot
mous Returning Boards reject 'Deipo
cratic votes enough to give the electoral
votes of Louisiana and Florida to Hayes
these votes will not be oo anted. The-
STficnfac
tin nut ha rtifimhTMamrttof-vA
fraud. We believe the Brooklyn Baffle
reflects the Vthfflfath when
xf says there can be no doubt that if the
pending, Bgpggamme °* t:H*F**l
: in Florida, South Carolina and Louisi
ana is carried oat, tbatwhendhairman
Fjbbbt, of the Senate, .reach**,,ithqgft
States in the count, the House will-ob
ject to the first one of them whidfa to
reached, and that if Mr, Fbb£y refuses
to entertain the objection, the f House
will manifest its right he so object by
retiring from the presence ofittteSenate,'
and by itself proceeding ''to ‘ta#e i vote*
upon the objection, as the 22d rale pro
vides. If the Senate refuses to go by it
self under the rule and consider the ob
jection, the absence of the House will
destroy that condition ef “in the pres
ence of both Houses,” whioh is the Con--
stitutional condition laid down, it
whioh only the count omn proceed. Np
count heving been completed,
choice tbeeefore being
will, as the Constitution
n-1 ‘mediatelr proceed fo Choose by
‘‘President of the United States from
“among thp candidates who , had Joppp
“voted for by the Elactors.7 In that
kind of choice every State has oodwifte/
The vote is cast by the political major
ity of the delegation of each SUteiit the
House. In the House the delegations Of
twenty-two States are Democratic, four
teen are Bepnblican, and two are tie^
MUNICIPAL BONDS ISSUED IN AID OF
i-HUJO WWftA <i' -i fiW
Some time ago it was stated that a I
movement was on foot in this city to
resist the payment of any fiai levied to
pay either principal or interest of the
bonds issued by the City Counoil of
Augusta for the enlargement af the oa
nal. At various times since this rumor
has been revived. We have never
tbeught that these bonds oould bb jre
pndiated. We know they ought not to
be. They were issued in perfect good
faith. The issue was sanctioned by k
vote of the oitizens after the mieeli&n
had been fairly and thoroughly diaouas
ed. The bonds sold for s fair pries and
passed into the hands of innocent hold
ers for value without nptioe ol any
fraud or. illegality in the transaction.
The people of Augnsta are bound m
honor and in jnsfioe for their
—principal and interest, dollar fof dol
lar. It would be jmjpat-
dishonorable to take advantage of bhr
own wrong and shield repudiation with
a technicality, evpn admitting th4i|tijtyj'
ment of just debt ooojd be gyoifiefCby
a technicality. But any rumor of this
kittd'tml matter how vague aßd unsub
stantial it'may be. is
jure. The credit of a city or g ; stete is
like the virtue of a woman. The faint
est whisper mky ando 1 irreparable fifii-i
chief. We publish, however, this morn
ing * derision veceatjy lqr
Supreme Court of Georgia which shows:
how unfavorably the Courts regard suoh
attacks upoii the credit of municipali
ties and the rights of lpnooept parties.
It is the oase of-ihei Mayor; and Counril
of the town bP’ Griad o against ia
on,the vote of a majority o< the ritjans,
subaoribed te stock in a railwnyvunning
into the town afid ißshed bonds in pay
ment of snob stock. Payment of
the principal •of interest
debt was resisted by the oity am several
grounds, but mainly Al
leged that the subscription was uncon
stitutional and *1 legal- i The obwtei and
Griffin permits the City Conned, >4o*l the
of df'rfiWbhiW
citizens expressed at a public meeting
or in any electros* tO-reuMPUPP
stock of 1 railroads and td burrow money
on the credit of the oitfc fiM 1
holds that this grant df pWrir v A YftrtW
pealed by the |On
the contrary, a provision of that instru
ment “eipreSslv'saves local acts passed
for the benefit of cities jfod JownS. -.-noi
inconsistent with the , supreme hwt her
with the Constitution itself.” The paint
in Griffin was that the Legislature'had
not passed an act submitting the ques
tion to the decision of the people as i6
required by the Constitution.,
Court reconciles the Constitution and
the oharter and sustain# the ißsne. With
regard to the eleotion the point seems
to have been made that the subscription
should have beebrteommonded by the
vote of a majority Of dll the oitizens and
not by a majority of the persons, actually
participating in Gie election. The Su
premo Court bolds tbdfi-the sod fla
majority of the qualified voters’" mean a
majority of the oitizens who voted ahd
nothing more. 1 ThWOttK ffiso decides
that the puvobakera of bonds issued in
pursuance of such a vote are bona fide
holders for value, without notice and are
entitled to all the protection whioh the
law affords to this rises. The Clonrt
pronounces the city’s liability perfect,
and the debt will have to be Rid. The
canal bonds, of the city of Augusta pre
sent even a stronger oasfci;
issued in accordance with the vote of a
large majority of the oitizens, and this
election and issue of bonds were subse
quently ratified by act of the General
Assembly. They have passed ffitodthe.
hands of innocent purchagiTs for value
received, u Wte
been regularly and prompter paid,, The
plea tfaaf they were issued in aid ot the
Augusta Cana! Company, a private and
not a public corporation, should and
will avail nr* tiring. The AogueteUanal
Company is Eerily the Oity Council of
Augusta, as the oity own tbe stock, and
has entire control of the
Courts would never do the great wrong
of defending inn -went persons of
their money in deference to the shallow
est of shadow technicalities.
here, aa elsewhere, are d&Og everything
,iu their power to cheek the sfnrit.ct re
pudiation which seems to be ffiteoatf in,
the land, imii mii il' fir'" >1 1
SOCTU CAROLINA'S RWBtloii
MMKri
Governor CjXAiONUtXiAlN’ff diepatohi ter
the Herald oontains but little, so far
as the results of the voting on the 7th
instant are ooncernec|,}gJfP
strangely eagma. it Is more than can
oes that in a State like Booth Carolina
the Executive thereof should not be
able to furnish ns with something more
definite, ft will be feiriff .WWS&bJ?
the impartial that the Deoaoonate who
have given the count op the vote for
Governor in eoahty are aorreot.
The n*oat Striking point in hipdifpatcb,
hqgfcVer, is HeWMI deiarmination
to throng Pflt kufficient votes te the
Republican. 4 JMjorify, Opverhor
CHAinmauo*. egtOTfirgnjinly as if the
votes east were to fce
in the determination of thd / Tne
means taken by the Demoorakn io |tfO
olaim the actaal state of the pUa at
their closing have forced the game of
Governor Chakskxlaix. and a
game it is. He has dearly aonbjinoed
the startling fact that* board o—pnasif
in the majority of officers seeking re
upon thf SB ntfam¥i
threw! oak rbstsmtS! at will ;i nay, that
enfiwgh will tiw thrown owfc*tleettfe
the result Aft*r, " tff ; J the
<sd mtiaens,” after *U> tkdmßepnb-
Hasg- jwHMttsw that uamumi? epe
could cast his vhte ftViiekfc*, after* an
h,
any kin4.we tinted. ioaghmsieß of
fabricatedalMUgewa*^Hliilalrffiwfiiii.:
datten.-k 4ori! of
and inquest on the "bloody ahirt” If
the troops had got bean poared into the
State; if the and
browbeating* of the priOred
hadnot keen notorious; if thy United
find noMl ZST the whole I
lim jnlmtti~r{ arresting white men right
wdjleft, ttri c migUrdQr all its
%qricioVm the rateftis who hate, ruled
iu*the Booth until it rts imgovOTshed
and almost bankrupt, have lent~Bn ear
to Governor Ohambeblain’s ghost ato
nes. They will not be listenedto how.
The troops are already in the Stato-agd
there is no danger of any disturbance,
UW Uffi mwtntey iwrinm ten Dupubtt ■
tfasfuttrasaasfftiiJ
onlyafk a honest a* hopeat
•Vote, to send represented*<vum to be
present at the canvassbythis suspioious
iy sp*dr.irfr V- .
l ii i,ux t -.4 <
the ■wrnairi nr tmmi "
•>S I -imt.l -.Si nliiei.*. —r,, . miU i
says , V Xhs export at auaßafaotnres
continues brawriy; 1 *lt is thw grea*r-ob
feat be sofight Tiow, and this’ oonvlb'-
tion is bearing fruit on every side. In
only twjo days recently the oity of To
ronto Oaasds. teecived twelve thousand
dollars worth of furniture—not from
London or Paris, but from the United
States. Our locomotives, fuming and
mill machinery, street cars, and a long
lineaf*>th£r satirise aw entering the
DomrhiC|t J all points; establishing
their and introdnoing other
articles.,, Jfep roturn is inlumbm, wool,
eoih and. material for fossil fabriaatkm ;
and the trade leaves profit to traneporta
tion and ejf&tibies. That market is so
*••*,*s oqnymwtiihiat he read,
ily reached and shonld be oontrolted;
and certainly if industry expanded upon
material even mote Abundant and Cheap
er in the Dominion than it is here can
accomplish such a notable resnlt, there
is fdr beb'eving that we may
gain all the market and enjoy all its ad
vantages. These minor gains are the
material of that great progress we look
forward to. • 'Hie more nnmerons they
are the soonsr will their product be pro
cured. .oikih >.-J} beiTHo evi ot h iik
!i —jnrr>7 ihV.
POPTIUTION VS. PATENTS.
, The last, annual report of the Com
missioner of Patents embraces a tabular
statement Showing the number of p%te#ts
issued during the ypar tq
territory arid the population. We are in
debted to Messrs. Louis Bagger & Cos.,
Patent Attorneys, in Washington,
for the following, (Interesting data
this t, Thp State of Hew York*
(quite naturally, it having the largest
population) received more patents for
new inventions than any other State—
-3,7Wi (OMti cijmps Pennsylvaqia, with
aeat ranks Massaohusetts, -with
hxt Illinois, with l,o9;nnd next
Ohio, with 1,091 Patents. But the
proportion of patentetopopulatipp, as in
dicating the seat of the inventive gen ins
of the oountry, is more significant: In
the precedjpg report of the Commis
sioper, Coppectiont (the land of weod
en-aa*megs) -lßd the Aiat* but this year
the District of Golumriia takes the lead,
wptji pnp patpnt for anew invention
eo ‘,tp everjjSiA ol tle pQptUaV<m;i
nectioat having .only one patent to every
701 ofthewhtire population. Massachu
setts, also, in this respect, stands third
in. the bat, the propqrtion being one to
every 787. “Little Rhody ” comes jkmKthh
with oße to every 943. The least inven-
pa shown by this table, is
Arkansas, which, received but one patent
ito avsry 4>45042 pf aer population.
- r ‘-ti- i ri ri.ites mtdi *n J
■ • tOO 3IANY BURCTIONS.
* MiftJoi liirolir- 1,. .: • 'v ■> i
An exohange says a theory has lately
been promulgated somewhat extensively
bered among the evils that are afflicting
dWXfijferiokh people. They are 4nid to
be kept in a ferment at all times By the
neeespitji'rfdt
ofiioe of some sort, and the question is
Urid, whether the benefits de
tha*s,QWle§tß, ppd4Pri r appluiatiou to
swrii a wide .circle of officials, afford a
fan compensation for the severe tax im
posed uj)on the energies of those rihji
attempt to. periocm. all theKldfltWe-npper
twining to
it in evident that the man, who wishes to
act - and effectively on
all the questions that arise will sooh flnd
himself ‘ 'tbS'rinta of the
olass designated as professional poli
tioians, and it wjll depend upon
the snarflrf o Ipißi |trjofciem
and the length of his purse how
long be can hold such a position
■before hit individual and pecuniary in
terests become mere vital than high pub
lie considerations. The practical method
adopted by 'a large portion of voters for
the avoidanoe of such oomplioations is
to take no aotivrpart-whatever in many
polittenl'scateßto—ai <aot, (temonstrated
bv the difference In the vote polled in
Philadelphia city on’the 7th of Novem
bertes4Cadtibevoteo<,.|>reyiioa,yearß;
ifdd’BWrf thlC dWHdrenee telly
express the extent of the practice ’iftHer
red to, for there were dophtless a eon
atderablC number it qualified voters in
Philadelphia who did not even oast bal
lats for Presidential eleotors. In Rich
mond ooofity we have beea in a political
ferment since last April. First delegates
to the St. Louis Convention had‘to be
seine ted; then delegates to the Guberna
torial Convention; then eame on the
legislative race; then the Gongketeional
riokibatlbn , £ then ihe PrtMftdential elec
tion; and now we have before ns the
< May oils Arid the Opn#ty,riri*qhri ri
•f.iO llorivf ,*r i)ii4iiMeq ml i r iod‘, j
PROPHECY FROM CUANCMLI.OR KENT.
; A Washington' dispatch says Repub
lic dispatches as to the authority of
the Senate tq oontrol. the electoral vote
were sent in every 1 direction to
isSUre'the weak-kneed that it wbb unim
portant bow the electoral vote of South
Gurqlin* Florida and Louisiana were
ooonted. Old jurists t nje ,hr pairing
away the duet mostly volumes in
the Law and Congressional Library, in
the hop*, of being able to fortify law
and order on the side of peace. It ap
pear* almost like tfai voids of prophecy
that in the thirteenth lecture of his
•Sttiv f<T Qi swiiui Tiia yd >Wtu>*aqu
oommentanee m American law, writ
ten after his retirement from the bench,
in 1888, and published in 18A8, Chan
oellor Sabre used the following lan
'gu*ge:'i'fsji,pif the tranquility of this
Bahaa is to be disturbed and liberties
endangered by a struggle for power,
It will be upon this very subject of
the choice of This is
tb gpsdnees .aqd--try tb# strength of
the if we shall be able.i
for half a oentWy hereafter, to continue
to elect the Chief Magistrate of the
Umonv'witil discretion, moderation and
iubferity: I ** hfl Ondonbtedly etanp
thhhighaatvfiponlbnr nationalobar
acter.apd *#owbm>u£ our Repnblican
fnhtiffetiona, Baofetathe Mutation, 7 et
certainly to* tbeceWem and admiration
of thb more enlightened part of mkihd.
Th* Constitution doet notexpresßly de
clare by whom the votes are to baoount
ad and the wWJfttleetared. In th* case
of questionable votes and a closely con-
thi* power may be all
jail ijtnnf. sad Lpreauma I to
SEJtZZ'*ui**&" f*£>
and that the two Houuae are • t * = ‘
by
the B|ft-tD*a-S , 'and a of
niaffiir r~<* !j “
vptM*, trtm Wheta towetestion uaw* ia -
aeitad.*ftf BbatWit*, one Oi all. WoUvt
lapts thi i*Sßt at Oiarleatou, 8. 0., >?. A.
of the ShM and OssiHer °
"thatfaty oU. of the mbit violent and unprm
cipled mbrt
► ST* an .auitamiti ou * . ' .
The Troy Time* tells 4 “violent and
uunpciueiplad” B*. Vbe Ne* catd Cou-i
Oapt F. W. Dawson ia not the agent of
the AaanwatH Prats in nharimitn
THE PKEDBYTEKIAN SYNOD.
SfC>4 Day’*' -ieK-no—Hradiun at Nleiuo
' rt^Ete.
The &te°d nift yesterday morning,
pursnanvto mljCu'Bnipnt. After devo
tional exerbisaythe Clerk called the roll.
The rCad and approved.
The follqpehg additional delegates re
ported ana were excused for tardiness:
Atlanta Presbytery: Elder Joh i H.
White.
Augusta Preabytery: Revs. W. S.
Bean, S. P. Cleveland, J. B. Morton,
James E. Jones, James G. Lane, S. E.
*lllllll. WJHHFFJ W
Macon Presbytery: Rev. Wm. McKay.
Savannah Presbytery. Revß. D. K.
McFarland, J. S. K, Axson.
: Presbyteries were called
for. ■ j j,
Atlanta Presbytery: Reported having
organized three two,white
and one, colored. The,Presbytery oon
sists of eighteen ministera and thirty
five churches.
Augunte Preabytery: Reported that<
there are eighteen ministers and ;thirty
,'nine churches in the Presbytery.- Work
,is advancing among the colored people,
~who appreciate the servioeefif the minis
ters. There is- mnch to encourage the
Preabytery m this work.
Cherokee Preebytery reports that it
’oonsista of sixteen ministers and thirty
two ehorehes. Regret to state that re
ligion, seems to be on the decline. No
Accessions to the churches. Sunday
school work is about the only thing that
the Presbytery can point to with pleas
ure.
The Florida. Presbytery reports six
teen ministers' and twenty-six ebarohes.
While the Presbytery can report no
great revivals there has been an increase
'in all the ennrobes. Sunday schools and
prayer meetings are well attended.
There has been a falling off in contribu
tions from want of money. Ministers
•’ate snfferigg from the same cause. The
Presbytery has a large missionary fiela
under its charge.
The. Savannah Presbytery reports that
‘lbm iFresbytery consists of nineteen
Churches and fifteen Al
though half of the number of ministers
have been ill with the yellow fever, not
one has died.
The Macon Presbytery reports that it
consists of seven ministers and nineteen
churches. Good feeling among members
and ministers. Accessions have been
made to all the churches. Sabbath
schools are in good-condition.
Rev. Dr. Irvine, from the Committee
on Devotional Exercises,made a supple
mentary report that Rev. W. S. Bean
would preaoh in the Christian Church
Sabbath morning, and Rev. R. W. Mil
ner Sabbath evening. The report was
adopted. The Committee on Correspon
dence recommetided that Rev. W. W.
Landrum, of the First Baptist Church,
be invited to a seat on the floor as a cor
responding member. The report was
adopted and Dr. Landrnm was ipvited
to a seat on the floor as corresponding
member. Dri Landrum returned his
thanks to the Synod. “
Hgv. J. L. Wilson, of Baltimore, ad
dressed the Synod on the subject of sus
tentation. He congratulated the Synod
upon the prosperity of the ohuroh in
the South. This arose £rQii} ( the susten
tation cause, whicH bound the church
together as one body—The wealthier and
the stronger helping those that were
Weak. At the close of the war, ten years
ago, the number of church organiza
tions was something over eight hun
dred-; now, they number one thousand
eight hundred und/twenty-iono. True,
some of thosahave come from Kentucky
and Missouri, bnt there* have really been
osreretwo hundred church accessions.
Thik comes, under the blessing of God,
from the snstentetion cause. Nearly
onp-half ot the churches have received
aid daring the last ten years from this
snstentation cause. The need of tnis
cause is felt at this present time. Minis
ters, in consequence of the financial
pressure, have not been supported l/bs
they Aught. The sustentation cause has
gone far to remedy this.
■hn TexiaS where, ten years ago, there
were not qioxe,tbn ten or fifteen effec
tive working men, there are now be
tween fifty and sixty. This has been ef
fected through the agency of the susten
tation Similar can be
stated in regard to Arkansas. In this
SyDod the Cherokee Presbytery could
not; ’hive been kept up but for (ilia
cause.
‘Dr. Irvine 1 offered a resolution that
the Synod hhve heard 1 with pleasure and
gratitude, the addrefes of Dr. Wils6n,
and enjoin upon Presbyteries within its
• bbtlndk increased interest in the stfsten
! tation cause. He commended the prin
ciple that* the Wealthier congregations
should help the pooer. He believed that
if' tliiS cause was worked heartily they
Wfittld be able to pay their poorest min
fsteris fOUr or five hundred instead of
dnti hundred dollars.
'On motion, the matter contained in
the latter'part of the resolution as to en
joining Up® n the Presbyteries increas
ed interest in the eanse of sustentatioD,
wAS referred'to the Committee on Sns
tentation. The first part, in regard to
the address of Dr, Wilson; was unani
tnoUsly adopted.
- ; Several ! exttustes from ministers for
UoUTattendance were read and sustain
ui sat evs
that the Synod invite
Dr. Lyons, ot the American Bible 1 So
ciety, ‘tb Address the Synod on the sub
ject of the Bible cause. Adopted. l ■ Dr.
Lyons thqpHe
had been a missionary in the land from
■Which the ’Bible eame. Failing health
hSfd compelled him to return to this
country. He was now engaged as a
■Bible missionary tn endeavoring to car
ry the Bible to every destitute family
■Within the bounds of this Synod. One
fourth* of the population of Lowndes
county had been found without the Bi
ble. In Clinch county three hundred
and ninety-seven families, mostly white,
had been found without the Bible, A
colporteur in Orange county reports that
among families whom he visited
in Orange county, Florida, several were
without the word *of God; In nfiuiy
cases’ Bibles had been given free of
charge. There were Thousands of fam
ilies in this land perishing for want of
the bread pf life, The General Assern
bly at Shvannah, last* May, had taken
noble action in> regard to this matter.
He trusted that this Synod would do
something similar and facilitate as much
as possible the great Bible work.
On motion of Dr. Lane, the following
‘resolutions were adopted :
*Resolved , First, that the Synod has
heard with pleasure the address of Rev.
if. S. Lyons, of Jacksonville, Fla., gen
eral’agent of the AmerioaU ’Bible Socie
ty tb? the States of Georgia and Flori
da, and commend him and his work to
'the Cbnfldence and co-operation of onr
ministers and people.
“Resolved , Second, that the Synod
hereby calls the attention of its Presby
teries and people to the action of the
last General Assembly at Savannah,
commending the Bible canse to the
hearty support of our people.”
* The action of the Assembly referred
.to is as follows :
Whereas, The Bible is the fouoda
tioa.oh which restall our benevolent en
terprises; underlying the missionary
Work, the Sabbath jSchoolnnd the church
itself; and whereas’, the American Bible
Society has been and still is, an effiicieint
instrumentality in accomplishing' the
great wOfk °f the distribution of the
Scriptures; therefore
Resolved, That this General Assem
bly commends the American
Bible Society to the confidence and sup
port of all onr churches and Congrega
tions. (See minutes General Assembly
1876, page 237.)
Rev. Jos. 0. Styles reported. On mo
tion, the* report was adopted by a ris
ing vote.
It was moved that the editors of the
Southern Presbyterian, the Christian
Observer and the Central Presbyterian
be requested to pnblikh the memorial,
ft was moved as an amendment that the
Memorial Committee superintend the
publication of the memorial. The
amendment was accepted, and the mo
tion thm 1 amended was adopted.
The committee on the memorial of
Bey. T. F. Montgomery, of the Florida
Presbytery, reported. On motion, the
report was uaanimonsly adopted by a
rising vote.
On motion of Dr, Irvine, the thanks
of the Synod were returned to Dr, Mar
tin for his able sermon delivered Thurs
f)r hoped that Dr. Martin
would be requested to fnruish the manu
script of his sermon to the Christian
ObservefM* t>ublieatiOfi. w
W Pj' MhUip-ba .re
quested Jtp larnifih.i,me sermon to the
editors of the Christian Observer and
tbe Southern Presbyterian. Adopted.
Dr. Martin said be would take great
pleasure in complying with the request.
On motion, the Synod took a recess
until j*aC, p. Jft
JUttniaM .
1 The Synod mfd at Zkf), p. m.
The Committee en SostentatiMi y-e
--portad, showing that the amount con
tributeir byi allthq in the
Synod daring th* year was $5,927 for
*t%e (sustenance canse; Wm&uiot *aei
Evangebcat nd for the in
valid fopd—making a grand total of
$9171. The -report was adopted, as
were also several resolutions connected
with It looking to the fprtheranoe of the
sustentation cause. “if!
* lije Synod then took a recess until
W*-*- . •
The Synd-1 convened at 7^o.
After the usual devotional - exercises
the report of the Committee on Foreign
'Missions was read by Dr. C. W. Lane;
it revealed^ statistics : No
new missionijries -have been sent out
this year; roree missionaries '•have died;
Iteee have returned to this country and I
two 1 have resigned. Twenty five minis
ters now constitute Hie force which, to
gether with assistants and native nelp
ers, make feventy-five workers in hea
then lands. Stations among the liulian
tribes, in Mexico; United States Co
lumbia, Italy, Greece, China, Turkey
and Brazil are now in full operation,
there being seventeen in all. In these
stations are thirteen training sohools, at
tended by about 520 pupils and 22
875.000 be raised this year for the cause
of foreign missions, Of whigh l-Wor
$6,25Q should come from the Synod of
Georgia, comprising 169 churches.
Tim* address of Dr. John Leighton
Wilson, commenting upon this report,
contained some interesting disclosures
and valuable information. He dwelt'
upon the importance, success and ex
pansiveness of the missionary work, and
closed with an earnest appeal for imme
diate pecuniary aid. Dr. Leighton Wil
son, ifi the course of his remarks, paid a
tribute to Bey. William LeConte, former
missionary from this Synod to Brazil,
who recently returned to this country,
and' has gone to receive his reward
Rev. Mr. Smith finished the debate
in a short address. On motion that the
report on foreign missions be adopted,
Rev. Dr. Lane offered the following,
which was adopted:
.Resoteed,'That we, the members of
the Synod of Georgia, now pres
ent, hereby pledge onrselVes to put
forth our best efforts to increase th e
interest in and contributions to foreign
missionary work; and, further, that we
urge upon our ministering brethren and
elders within the Synod, not now pres
ent, to unite with us in inciting indi
vidual efforts for this great cause.
The. motion that the thanks of the
Synod be tendered Dr. John Leighton
Wilson for his interesting and stirring
addtess was unanimously carried.
Ihe report of the committee upon the
minutes df the General Assembly was
received and docketed.
The Synod then adjourned until 9, a.
m., this morning, to assemble at the
Presbyterian Lecture Room.
I.ETTKR FROM PICKENS.
Superior Court Adjourned Over—A Model
Town—Easley on the Air Cine—Journalis
tic Appreciation—Joy at Hampton’s Elec
tion.
[From Our Traveling Correspondent.]
Pickens C H., S. C., November 14.
A Superior C urt was to have commenc
ed hero Monday; the people came in
from all parts of Pickens county to at
tend. The following composes the vis
iting bar: Colonel W. C. Keith, Colonel
Jame3 J. Norton, Colonel Robert A.
Thompson, Walhalla, S. C. Local bar,
Colonel C. S. Hollingsworth, G. W. Tay
lor, Esq., R. A. Child, Esq. Colonel A.
Blythe, Solicitor-General, put in his ap
pearance about 12 o’cloek, to attend the
November term of the Court, but as he
approached the crowd, and was
asked how he felt since the
eleotion, with a heavy sigh he
said to the gentlemen preseut, to live was
all that he requested. Every one seems to
like Blythe, but on account of the dirty
thieves he runs with, Radicals, they
could not vote for him again, so he has
served for the State his last time, beiug
succeeded by a good Democrat.
A courier came in about 1 o’clock, p.
m., stating that Judge Cook had gone to
look after the interest of General Hamp
ton and Tilden. As all good men were
required to look for the inter
est of the State, he was
strongly solicited to go to the capital
to see a fair count of the votes. So
there was no Court. Judge Cook has
acted nobly and will be remembered
with kindness by all the good people of
the Palmetto State. Pickens Court
Hons/e has four stores, dne church, at
which I had the pleasure of hearing
Rev. Hugh McLees, a Presbyterian
minister, of Liberty, Pickens county.
He is well known in Georgia, having
been stationed in Georgia at different
times. There is published at Pickens
the Pickens Sentinel, a very neat little
paper, edited by Hon. D. F. Bradley,
whd-is an able and pure mail. I fine here
your old friend, J. (1. Thompson.at work
on the Sentinel. While here your trav
eling correspondent was entertained by
Mr. Joab Mauldin and his estimable
family. Mr. Mauldin is the sheriff elect
of the county, having received 2,400 votes
for this position. He is loved by all; is
a straightont Democrat, and has the
finest farm in Pickens oounty. This
evening I left Pickens to come to Easley,
Pickens county, eight miles from this
place. The Court House at Easley is
built on the great Air Line, and is about
three years old; has a population of
about two hundred and fifty; has two
churches, Methodist and Baptist;
sixteen business houses. All seem to be
doing a good business. Out of the six
teen business houses I send you the
names of twelve of them as subscribers
to the Chronicle and Sentinel. I find
here, located, from Georgia, Mr. W. J.
Roark and Dr. J. W. Quillian. A more
clever set of gentlemen 1 have not met
in South Carolina. Many of them re
mark that all true Democrats' in’ the
State should take the Chronicle and
Sentinel, as the worthy and able 1 pro
prietors had neither spared expense nor
labor in helpinj3f'them to fight thieves
and plunffeters'; and as'they have shown
themselves their greatest champion, so
all should support it well, arid evince
their appreciation thereby.
1 learn from a trustworthy source that
a man is to lose his place here for voting
for Tilden. Mr. Frank Z. Moore, a
Deputy United States Marshal, of
Pickens, who could not vote the Radi
cal ticket, and cast his vote for Tilden,
is now looking for orders to give up his
place. I learn that some of the black
and tan dirty thieves have threatened to
send him to Albany prison because he
voted for Tilden. He is a gentleman,
and could not remain in such a body of'
thieves. Judge Cooke and others up
here are overjoyed at the eleotion of
Tilden and Gen. Wade Hampton. I
leave to-morrow for Spartanburg and
Greenville. G. W. N.
HOUR OR* OF MODERN WARFARE.
The Battle ot Djnnis—A tiemrlhe Success by,
the Turkish Army—Three Thousand Ser
vian. Deserted—How the Wounded Pri.on
5/ eim.Were Treated.
A correspondent of the London Tele
yrapAjiWrites: ,!ii.
" Thus they came on, and presently
opened so fearful a rifle fire that the bul
lets fell around us all like hail. As yet
onr infantry were quiet; not a rifle was
heard, and the foe was coming nearer to
the semi-circular trenches of which I
have before spoken. Suddenly there is
a movement in the bushes, a sharp note
from the bugle, a rattle of bayonets and
steel barrels, and then a little cheer.
Our men are moving, the .supports are
taking the empty trenohes, and the rest
of each battalion is in the reserve lines.
All at once such a fire pours forth as en
velops you in smoke, and makes that
still advancing column stagger. Yet
only for a minute ; there is a counter
cheer and a rapid rush. Whirr! how
the bullets fly past them ; with what
shrieks do the shells bound in ! See,
the Servians are'standing still for a mo
ment firing yet, but coming no nearer to
the mountain. Their line is gradually
being fed, too, and they are extending
every moment. It is only the fear of
the shells and the -bullets which make
them beaikaten 1 Per haps and not* only the
fear, but rather the effect, for now they
are falling fast, and without! the aid
even of a glass we can see that are
strewing the ground by hundreds, or.
staggering away to die. Harder than
ever is our fire, as theirs weakens, and
more determined, too, are onr men, for
they now quit the outpost trenches and
are advancing upon the bewildered
enemy. Volley after volley from the
foe fails to stop them, they leave many
a comrade on the ground, but ou they
go, till at length the Servians, seeing
their red fezes coming nearer aDd near
er; tarn and fly, deserting three thou
sand of their number, who will never see
home in Bnssia or on the banks of the
Danube any more. * • * *, P
Not ope was there but might have been
the hardy father oj a ppmerous family.
I did not see a bpy among them. One I
noticed in particular—and he-wps but a
type of the rest—a tall, well made, broad
shouldered warrior, who, having foogbt
to his uttermost and received a wound
in the stomach, had lain down upon the
road to DerHent in hope of succor. Un
; happily for him, friends were far away,
and his oosarades had bung ia fantastic
fashion on a tree hard by, a Circassian
who, having fallen into them hands, had
been first tortured and put to death. I
was looking at him as I rode by, won
dering if he were yet alive, when, hor
rible to relate, there came upon the
scene four Chirkeesoes. They, too, had
seen their danglißg comrade, and they
thirsted for blood. At this moment the
wounded Serb raised his head and rolled
his glassy °j a j in hope of des
crying help. Down sprang 8 Circassian
and with a little dagger pierded tee dy
ing man through and through, cut off
his right hand, ripped him up aa he lav
upon the ground. Fortunately, his end
was near and be efpiredf but even m
death fie was a handsoptogWMb“ ,Tl ?-
tim to the barbarous war which Bnssia
has caused and waged.”
Black silk dngffk edged frith a band of
far will be worn with long black silk
cloaks and paletots.
Beautiful faces are fhoae tbat wear--
It matters but little if dark or f air—
Whole-souled honesty painted there.
STATE SUPREME COUR^.
DECISIONS RENDERED BY IJHE
SUPREME COURT OP GEORGIA.
IN ATLANTA, NOVEMBER 14,1870.
(Atlanta Constitution.]
Jackson, J., having been of counsel,
did not preside in this case.
Shewmake, Administrator, St al
Johnson et al., Executors. Injunc
tion, from Bibb.
Warner, C. J.
This was a .bill fileij by the complain-,
ants as the hieeutpr/of SL 0. Ryan, late
of the county of Macon, deoeased, in the
wgatourgrTv JMwwbr
garnishee, and others, one of whom was
a judgment creditor of said By an, pray
ing for directions as to how they should
administer the estate of their * testator,
under his will, in view of the alleged
complicated condition of the assets be
longing to the estdte. and the respective
alaims thereon, and also praying for an
iDjunotion to restrain the creditors of
their testator from proceeding to collect
their debts, especially the principal
judgment creditor thereof. 1 On bearing
the application for the injunction pray
ed for, the Chancellor overruled the de-
fendants’ demnrrer to the jurisdiction
of the Coart in the oounty of Bibb, and
also overruled the defendants’ demurrer
to the bill for want of equity, and grant
ed the injunction; whereupon the de
fendants excepted. The only defendant
residing in the county of Bibb, to give
the Court of that county jurisdiction,
was H. T. Johnson, the garnishee, who
was a mere stakeholder, and had no in
terest in the final distribution of the
testator’s estate under his will, or other
wise, and according to the theory of
the complainants’ bill, they were not
entitled to the substantial relief prayed
for, as against him. The substantial re
lief which the complainants’ bill seeks
to obtain is against other parties de
fendant, who are hot alleged to be resi
dents of the oomrtydf Bibb,there
fore the Superior Court of that county
did not have jurisdiction of them to
grant tbe relief prayed for,and the Chan
cellor erred in overruling the defend
ants’ demurrer to the jurisdiction
of the Court as to them. By
the Constifctotioh, equity cases shall be
tried in the county where a defendant
resides against whom substantial relief
is prayed. The 4,183d section of the
Code declares that “all bills shall be
filed in the county of the residence of
one of the defendants, against whom a
substantial relief is prayed, except in
oases of injunctions tostay pending pro
ceedings, when the bill may be filed in
the county where the proceedings are
pending, provided no relief is prayed as
to matters not included in such litiga
tion.” The principal and substantial
relief prayed for iu the complainants’
bill is as to matters not included in the
litigation pendiugin tlieoounty of Bibb,
but relates to other matters, and the
rights of other parties, outside of that
litigation, having no neoessary connec
tion with it. Inasmuch as the Superior
Court of Bibb county had no jurisdic
tion to hear and decidethe case as made
by the complainants’ bill, we express no
opinion as to the merits of the questions
involved in it. Let the judgment of the
Court below be reversed.
Coleman, trustee, vs. Worrill, adminis
trator, et al. Equity, from Upson.
Wabnkb, C. J.
The complainant filed his bill against
the defendants in the Superior Court of
Upson oounty on the 28th of July, 1873,
in which he alleged that he held a mort
gage, executed by one Benjamin Walk
er, in his lifetime, on certain described
lands in said county, to secure tbe pay
ment of a promissory note therein men
tioned, dated 29th December, 1859, and
due 25th December, 1860, said mortgage'
bearing date 29th of December, 1869 ;
that Walker didd, but the time of his
death is not alleged, and that Worriil
became his administrator ; that at the
November term, 1869, of Upson Supe
rior Court, ooiriplainant filed his peti
tion for a rule ni si tp -foreclose said
mortgage, which was granted,. but by
some mistake or inadvertance, Worrill,
the administrator of Walker, was not
served with a copy of said rule ni si,
but at the Novemb r term of the Court,
1870, an orders was granted extending
the time for service of said rhle ni si on
said Worrill, administrator, and requir
ing him to show - cause, etc., at the next
following May term of the Court, and
which was on the Ist of
February, 1871. Complainant also al
leges thtofeWOrtil!, adnfiuistrflbor, af
ter advertising a portion of the lands in
cluded in said mortgage, sold, the same
at administrator’s sale as the property of
his intestate on the first Tuesday in Feb
ruary, 1870, when the defendant, Wil
mot, became the purchaser thereof] be
being the highest and beat bidder ; that
complainant had no nptice of snid sale ;
did not see the advertisement, etc.; that
if said sale should be held valid, the fur
ther attempt to foreclose hrs mortgage
will be ineffectual, and if invalid, said
administrator’s sale will be a olond upon
the title of the mortgaged property, so
that a fair price cannot be obtained for
it. Whereupon complainant prayed
that Worrill, as administrator, might
be decreed to bring into Court the
purchase money received from the sale of
the land, to be applied to the payment
of the mortgage debt, if said sale should
be held to be valid; but in the event
said Baleqbquld be to be invalid,
that the same may be set aside and the
title papers cancelled, dnd that his said
bill may be held hhd' Considered as
auxiliary to said rule for foreclosure,
and that both may; be tried together. It
appears from the- record that the de
fendants, at the return term of the bill,
filed a demurrer thereto for want of
equity, and on tlife; ground that the com
plainant’s claim was barred by the sta
tute of limitations, whereupon the com
plainant amended his bill by alleging
that Beall, the attorney of Worrill, Ad
ministrator, who was duly employed by
him, and authorised to make such ac-
did acknowledge ser
vice on said rule m si, and wave a copy
thereof; but it is not alleged at what
time said acknowledgement was made]
nor does any. such acknowledgment ap
pear on the rule ni si attached to the
complainant’s bill as an exhibit. It fur
ther appears from idle record before us,
that at the May term of the' Court,
1875, the demurrer;was heard and over
ruled, when .the defendants tendered
their bill of exceptions, which was duly
Certified and entered On record, as pro
• vided by the 4250th section of the Code,
and error was; assigned -thereon here, by
th defendants. .When the case Yes
called for a final hearing thereof, the de
fendants made a motion ore tenua to
'dismiss the complainant’s bill for want
of equity, which motion the Oonrt sus
tained,: and the oomplainant excepted.
What is the character and object of the
complainant's bill when stripped of its
unnecessary verbiage and tediiced to its
simple elements? It is an attempt to
.confer an application for the foreclosure
of a mortgage from a common law Oourt,
in which it was originally commenced,
and according to the complainant’s the
ory, to a Court of equity for
(foreclosure. In our jndgment, the
Court erred in, overruling the defend
ant’s original demurrer to the complain
ant’s bill, which is How assigned for error
hote. There is no allegation that the
sale of the land made by the administra
tor of Walker was not made according
to law. If the service was acknowledged
by Beall oh the rule nisi as alleged in
the amended bill; that fact cohld as
well have been proved in the common
law Oourt in a Court of equity. But
the plaintiff’s cause. of action accrued
prior to the Ist of June, 1865, and was,
therefore, barred by the statute of limi
tations of 1869. It is true the oom plain
dnt filed his .tple nisi to foreclose his
mortgage in November, 1869, but it was
not served until the Ist of February,
1871. Beall was not such a special at
torney of the mortgagor as contemplated
by the statnte, on whom service coaid
have been legally perfected, even if his
acknowledgment of service had appeared
on the rule nisi, which it does not. There
was'no suit therefor in this ease whioh
would take it onto! the operation of the
act of 1869 according to the previous ru
lings of this Court. See George vs.
Gardner, 40th Georgia Bep. 441. Fer
guson vs. Manchester Manufacturing
Company, 6lat.Georgia Bep. 6007* Inas
much as do decree could have been made
against the defendants allegations
contained in the complainant’s bill, and
the Court having erfeq in overruling the
original demurrer thereto as contained
in the record, there was ne error in dis
missing it at the hearing. Let the jndg
ment of the Court'below be affirmed.
Ufiord vs. The State. Arson, from Speed
ing.
WARNER, C. J.
The defendant was indicted for the
offense of “setting fire to a house in a
city,” and on the trial therefor was
fonnd guilty. A motion was made for a
new trial on the ground that the verdict
was contrary to law, contrary*to the evi
dence, and the-weigM ef the evidence,
which was overruled by the Court, and
the defendant excepted. On looking
through the evidence contained in the
record, it is sufficient, in onr judgment,
to sustain the yejfiict of the jury, if they
believed the witnesses on the part of the
State, and that was a question for them;
therefore the verdict Was not contrary to
[aw, nor without evidence to support it.
The case appears to haye been fairly
submitted to the jury under the charge
of the Court, and it being satisfied with
the verdict, We find ho legal grounds to
revewetbe jndgment of the Gout be
low in overruling the motion for anew
trial. Let the judgment of the Court
below be affirmed.
Benedict, Hall & Cos. vs. Webb. Claim,
from Upson.
\ Bleckley, J. '
1. Property^mortgaged in 1870 with
out ,any waiver of homestead, being
claimed as a j homestead in 1871, the
mortgagee, whe bad filed objections,
withdrew ttie same and granted further
indulgence, on condition that the home
stead be set apart subject to the mort
gage, which was done accordingly, and
the mortgagor’s wife died in a few days
thereafter; he having no minor ohildren,
the specific homestead right concerning
which the parties made their agreement
teraiinjaWd for all time. 2. Afterwards,
the mortgagor married again, went into
same property to be set apart to him by
the assignee in bankruptcy as a home
stead; this second homestead', being
based on tbe existence of anew family,
is lawful; is unaffected by the agree
ment touching the first; and so long aer
it exists, the property is hot subject to
levy and sale under the mortgage
Judgment affirmed.™"*
■f-GUi/.JI JL lIU IT/,I fi
Wilson vs. Frisbee, Roberts A Cos. Com
plaint, from Pike.
' . - Bleoklby, J. ,
1. If, in dealing in “cotton futures,”
you know your factor or broker has de
viated from instructions or from custom
by sellihg oht too early, and you, never
theless, without objection, settle with
him in full, by note, for hit advances,
commissions, etc., you tbeteby ratify,
the irregularity, and you cannot, when
sued upon the note, Urge a3 a defense of
the action the loßses which you sus
tained by reason of such deviation. 2.
Where the account rendered, and used
as a basis of settlement, was correot as
to the selling price and as to the differ
ence between it and tbe buying price, but
contained a clerioal error as to the buy
ing price itself, guph errors, when dear
ly explained by the evident®, becomes
immaterial and constitutes no reason
for opening the settlement, as the cal
culations were made by tbe correct
figures and the error bad no influence
on the result. 3. If ope has health tp
understand all the material facts that
appear on the faoe of an account, and
doek understand them at the time -Of the
settlement, whether from fcn examina
tion of the aoooujj or otherwise, the state
of his health,.physically, is sufficient for
the occasion. 4. A telegram expressed
in private cipher may be translated into
ordinary language Uv a witness who
knows how to read and render it. Judg
meut affirmed.
Mayor and Council of Griffin, et al., vs.
Inman, Swan & Cos. Alsumpsit and
bill, from Sphldibg.
Bleckley, J.
1. An amendment passed in 1859 to
tbe charter of a city, granting to tbe
Mayor and Council authority, on the re
commendation of a majority ot citizens,
either in publio meeting or by pqblio
election, to subscribe for the stock of
railroads, to borrow money on the faith
and credit of the city to pay the same,
and to impose a special tax not exceed
ing one-half ofqqeper cent, in any one
year to meet suoh debt created,, was not
repealed by that provision in the Con
stitution of 1868 which declared that,
“No law shall be passed by which a citi
zen shall be compelled against bis opn,-
sent, directly or indirectly, to become a
stockholder iu, or contribute to any rail
road, exoept iu the ease of the inhabi
tants of a corporate town or city. In
suoh cases, the Qenpral Assembly may
permit the corporate authorities to take
such stock or make suoh contribution,
after a majority of the qualified voters
of such town or bity r voting at an elec
tion held for. the purpose* shall have
voted iu favor of the same, but not oth
erwise”* Another provision of the Con
stitution expressly saves local acts pass
ed for the benefit of cities and towns, 1
not,, inconsistent with the supreme law
nor the Constitution itself. 2. Constru
ing the amended charter and the Consti
tution together, and making them har
monize in spirit and meaning, the prop
er mode of, taking the sense of the
citizens, in 1871,. op the question
of subscribing for a given amount
of stock in a certain railroad, was to
order a public election by. all the qual
ified voters of the city, with privilege to
each and eyery qualified voter to vptq
for or against the proposed subscrip
tion. 3. The votes of a majority voting
at suoh election, though a majority dr
the whole number of qualified voters
did not votgi were sufficient to
warrant the Mayor and Council in leak
ing the subscription. 4. The authori
ty to subscribe for stock, borrow money
and impose future taxes, embraces an
implied power to employ the usual and
appropriate securities for engaging pmni
cipal credit in such cases, which securi
ties are corporate bonds, bearing inter
est, and negotiable toy delivery. 5. It
was competent to deliver the bonds at
par in payment of the subscription, in
lieu of raising money upon them by
loan and then paying the money in dis
charge of the subscription, the one be
ing substantially -the equivalent of the
other, when consummated by consent of
both coiitractitog parties:' 6. That cer
tain conditions prescribed by an ordi
nance of the city as perlimiuary to the
right 6f the railroad company to receive!’
the bonds had been With} was’
determined affirmtiavely by the Mayor)
and Council, and such determination is
binding in the present controversy, 7.
The rule thatthe bona fide holders of
negotiable securities is protected, ap-’
plies in the present case, as to the face
of the bonds and coupons* Whether
the stipulation endorsed thereon, expe
diting the time of payment in Case ot
default iu meeting an instalment Of’ids
terest, be pppera&ve or not* is not nor
here for deejsipn.
8. In order for a jury to find that a
contract made in another State and to
be performed there was void for usury,
the evidence must show that the rate of
interest agreed to be taken was in excess
of the rate allowed by the law of such
State, and t/d do'this evidence of the
legal rate at the time and place of the
contract is indispensable. 9. A con
tract between two corporations is .npt
rendered void by the .fact that some of
the persons assisting 1 to make the con
tract and taking part in thCperformance
of conditions and in the acceptance of
performance, were officers in both cor
porations, apd represented both to the
extent of their respective powers. 10.
The Court is not bound to give effect to
the written consent of counsel as to the
order ot the time of trying cases. 11,
Where a case is called for trial in itp
order, and another case, standing upon
a different docket, is tried with it‘by
consent, tbe plaintiff iu the former case
is entitled to open and conclude. 12. A
rule of law so general as not to be pwn
tioally useful at some point where tne
case presses before the jury, need not be
given in oharge. Judgment affirmed.'
Mary A. Sindall vs. J. S. Jones, Dram
singer & Cos. Equity, from Spalding.
Jackson, J. j
1. Statements of the husband in the
presence of his wife and not denied by
her are-admissible, the jury being prop
erly cautioned by the Conrt, in the
charge, that they “must be satisfied
that she was under no constraint what
ever by the presence ol her husband,
but was perfectly free to assent or dis
sent, as she desired,” and also that the
statements were “made under sneh cir
cumstances us required an answer or
denial from his wife” before they coaid
be held as admissions against her. 2.
Where the Wife, abandoned by her hus
band, had made application for a home
stead in a house and jot as hia property,
the same having been attached by cer
tain bt tiie husband’s creditors, to
whom and to others he was overwhelm
ingly in debt when he left the State, and
the attaching creditors settled the case
with her by purchasing the property
from her at SI,OOO, it being worth $4,-
000, and where she also held title to the
propei ty in her own ame,bnt the deed
was attacked for frond as being paid for
largely with the husband’s money, and
where the attaching creditors' assumed
all ricks of litigation with others con
cerning the property: Held, That on a
bill filed by the wife to set aside the
sale, or to recover the difference be
tween the real value of the land and the
price paid, and verdict and decree for
defendants, this Court will not control
the discretion of the presiding Jndge in
overruling amoticn.for anew trial, the
evidence being sufficient td sustain the
verdict, and the law having beeh fairly
administered. Judgment affirmed.
Thos. N. Poullain, Sr., mEnglish, Wil
son, el at. Injunction, from Greene.
Jackson, J,
Where the complainant, Poullain,, fifed
a bill alleging substantially that one
Strain, fheb deceased, and himself were
the only solvent sureties on the bond of
Seabrook, as administrator, with the
will annexed, of George 0- Dawapn, de
ceased; that said administrator had com
mitted a devastavit, and that complain
ant was threatened with a snit by cer
tain legatees of Dawson townswer for
the devfiutjUwU; and that Brown had ad
miniatejed upon the estate pf Strain,,
his only solvent co-securily; and that
Strain’s heirs at law, mat# of them rion
residents of Georgia, had recovered a
personal judgment against. Btowd,
Strain’s, administrator, for a deyastyvit
he (Brown) had' committed'on Strom’s
estate; and that the same W aa levied
upon all of Browrfs foal estate; and that
this jndgmept against JfrownhonetitKt
ed all the assets left of fStrai> estate;
and that complainant would have to
make good Seabrook’s devastavit alone,
unless these remandrig asSeiW coaid be
saved so as to make Sfiroiato estate con
tribute, and that Brown’s lands would
be aacrifioed if sold at this time; and
where the prayer was for an injunction]
to restrain the sheriff and tbe heirs of
Strain from selling Biowu’s lands: Held,
that this Court will not control the dis
cretion of the Chancellor in refusing to
grant an injnnction to reatrain lhe sher
iff from selling the lands and collecting
the amount of the judgment. Judg
ment affirmed.
Samuel D. Irwin vs. James W. Copbih. 1
Equity, from Spalding.
Jaokson, J.
This Court will not oontrol the discre
tion of the presiding Judge iu granting
anew trial on the sole ground that the
verdict is oontrary to the law and the
nniriwn l JMkaAUMi spnnrri nlaailjr dia
doses that tbe law and the evidenoe re
quired the verdiht* stiff’that the Judge
bad thus abused his discretion. Judg
ment affirmed.
HI REUNGS AND HYPOCRITES
PHARABAICAL CANT FROM PRO
MINENT REPUBLICANS. , ~,
The Oeod 1 Men 1 Decline te .Week the Death
orate in 1 Uouiicil—Because They Hut Not
Interfere withtpe Lawful Returning Board
of Louisiana—Which, Being a Partisan lie
turning Board, Plays Exactly Into the Good
' Men’s Hands—The Partisan Board, There
fore, to Sit Unmolested with Closed Doorh—
And, tfo® End Thereof Any Man Can Divine
-Jss Brown Swears to Florida Being for
Tllden—The Carolina Supreme Court ilea
. . Itvera Itself This Morning.
Washington, November 16,.-— The New
York Herald has a dispatch from J. J,.
Daniel, Chairman of theDemooratic Ex
ecutive Committee, of the Second Dis
trict of Florida, saying : “I send you
below the vote of the' State by oounties.
The returns are all in exoept from Bre
rard.” Here follow details by Congres
sional Districts. First, Democrats ma
jorities in 18 counties, 5,171 ; Repub
lican majorities in 4 counties, 4,665 ;
Second, Democratic . majorities ,|a 11,
connties, 2,791 ; Republican majorities,
'2,369, Total Democratic majority fn
the Staite, 1,038. The dispatch concludes :
'‘This insures tbe election of the State
National ticket, JDemocratic Congress
men from both Districts and' a Demo
cratic majority in both Houses 6f the
Legislatuie.” i! 000,-PSo '■ l
■•} Reply of Republican** in New Orleans.
New OaLhANs, NbVe'mber 16 Ratify
of the Republicans' to the committee
from the Democrats, inviting a confer
ence—iVew Orleant; 16.
Jj/entlemenb Thethajdritiy'df 1 the under
signed, to whom, your note of the 14th
was addressed, only arrived fn this city
yesterday evening. We have' therefore
been unable to reply until this - morning,
and gan only regret that your commoni
■foation should have been given to the
press immediately upon its delivery and
without possibility of an answer accom
panying At. You remark that youare in
formed that we came at the request of
the President to see that the Board of
Canvassers make a fair count of vbtes
actually oast, and-ask that we meet and
confer in: order .that such influence we
possess may bp exerted, qn behalf of
suqn a canvass of the votes actually
oast, as by its f lirness and impartiality
shall command -the respect and acqnies
cence'of the American people,of alt par
tigs. We join heartily with you .in coun
sels of peace and in the. expression of an
earnest desire fof a perfectly honest and
just declaration of the results of the re
cent election in Louisiana by its lawful
ly popstituted authorities, and we may
add that we know of t no reason to doubt
that suoh a declaration will be made,
but we do not see the propriety or utili
ty! of a oonfepenoe on the base and sub
ject to the limitations you propose, for
we have no such duty imposed.on us,
and as suggested by the clause pf your
note first quoted, we are almost re
quested to be witnesses *>f what shall
occur iu the canvass of .the votes, with-,
out power or legal influence over the re
sult or aver the means by which, under
the laws of Louisiana, the result is to
be determined. We oannot doubt: tha/t
in this, your open -reflection will con
cur with ns, --W# areuhere as private
oitizens, with no offloial power ; we
therefore oannot’Supersede or modify
any 14we of the Btate.’norbave >wei any
right to control or influence any of l®
ofljeers astothg qjqqnqr in which tpey
shall perforin (nimsterial or judicial du
ties imposed ,th‘6tn by ' its laws, and
should whj fctriibg'ers and''Without
official functions, attempt this;' we
should be condemned by the people of
every Stltdin the ' Übiori for att-lm
proper interference with -local adminis
tration/) The following extract from the
laws of Louisiana shows that the Can
vasstng Board is expressly, required;in’
certain cases to exercise judicial aa well
as ministerial function. Section 3, That
in,swob, compilation the returning offi
cprs shall observe the following order:
They shall compile first the statements
from all polls pr votihg places at which
there shall have been a fair, free and
peaceful registration and election; When
ever from any poll or voting plied there
shall be receiVed’tbb statement of any sb
pelWlftor of registration or commissioner
of election l in form, aßfrequired by
section 26 of this aot* Cit affidavit
of three or more citizens of any- riot tu*)
mult, acts of violence; intimidation,
armed disturbance, bribery or corrupt
influence which presented;or had, a tern
dency to prevent s fiiit.free.epd, peace-i
able vote of,fill qualified electors entitled,
to vote at such polls qr voting places,
speh returning officers shall not yan
yass, count or compile, the statements
frpm suoh poll* or votifig places until
the statements from all other pdlls <#
voting places shall have been canvassed'
And cbmpiled. *Th'e' returning officers
shall then' proceed to investigate the
statements of‘riot, tumult, acts of vio
lence, intimidation, armed disturbance,
bribery or corrupt influence ati any!
such poll or- votang plaoe, .aijdif. hem
the evidence of ..such statement they
shall be convinced that, such riot, tu
mult, acts of violence, [intimidation,
armed disturbance, bribery or corrupt
influence did not,, materially interfere
With the purity and freedom at such
poll ~.pj voting place, or did not
prevent j,a sufficient number ol quali
fied voters thereat from registering dr
voting to materially change the result
of the Election, then and not otherwise
said Returning officers shall oanvass and
compile the vote of suoh poll or voting
place with those previously canvassed
and compiled; but if the said returning
officers shall not be fully satisfied there
of, it shall be their duty to examine fur
ther testimony in regard thereto, and to
this end they shall have power to send
for persons and papers. If, after such
examination, the said returning officers
shall be convinced that; Said riot, tu
mult, acts of violation, intimidation,
armed bribery or corrupt
influence, did * materially interfere
.with theipurity and freedom's!the elec
tion at suoh poll or voting place, or did
prevent a sufficient number of the qual
ified electors thereof from registering
and voting, to materially change the re
sult of the election, then said returning
officers shall not canvass or compile tfie
statement of the votes of suoh poll or
voting place, but shall exclude from
their returns, provided that any persons
interested in said election, by reason of
being a candidate for office, shall be al
lowed a hearing before said returning
offioers upon making application within
the time allowed for the forwarding of
the returns of said election.
Hence, if there were any facts requir
ing the jndgment of the Board upoh
the validity of any election or returning
as affected by such frauds or violence,
it would be a manifest interference with
State rights and local self-government
for persons like ourselveß, Without offi
cial rights, to attempt to inflnenoe or
control its. judicial election, Had a
corresponding board in the Staf;e of
New York in 1868 been authorized to
pass upon the fraudulent return of votes,
of the city of New York that year, aoth&
delegation of citizens of Louisiana,
however respectable, Attempted, r to in
fluence its judicial action upon'the facts
presented to it under laws of that State,
such sn attempt wonld have beeh
universally condemned. If the
Unties of , the Canvassing Board
of Lanißiana were merely ministerial or
clefidai, at in the case of officer,
charged by law With the duty of verify
ing and declaring the reanlt of any elec
tion pr investigation, with no discretion
as, when the President of the Senate!
counts and declares the-votes of elec
tors of the several States in the elec
tion of President and Vice President,
under the Constitution of the United
States, a different case would be pre
sented.
It hr, ht onr judgment, vital for the
preservation of constitutional liberty
that the habit of obedience to the-forms
of law fhonld be sedulously inpuloated
and cultivated, and that the results, to
extra constitutional modes of redress fof,
even actual grievances should be
avoided end condemned ias revolu
tionary, disorganizing and v tending to
disorder and anarchy.
To reduce the whole question, there
fore, to the mere clerical duty of count
ing the votes actually cast, as pro
posed by yoq./in .distinction fepm
votes legally cast and returned,
irrespective of the qrifefrtiou whether
they are fraudulently or Violently oast;
or otherwise vitiated, involves a nullifi
cation of the provisions of the laws of
Louisiana, which have already been ad-
Bidicated as vafjd ‘ toy the Supreme
onrtand would be Wholly unjustifiable
here as well as in apylother State of the
. Union, wiph had fltqvupl laws
tect the rights of voters and the purity
of the ballot.
Wk oaunott therefore, concur in ybnr
propce jtieptor aeonfetenoe on that ba
sis. Bespeotfnlly, Jno. Sherman, Stanley
Matthews, J. A. Garfield, W. D. Kelly,
John A. Kassou, E. W. Stoughton, 0.
Irving Ditty, J, H. Van Allen, Eugene
Hale, M. S. Quay, W. M. Cumback,
Edward T. Noyes, J. O E. Stevenson,
John Coburn, Lew Wallace, J. M. Tut
tle, W. A. MoGrew, J. W. Chapman, W.
R. Smith, Abner Taylor, I. R. Haven,
J. M. Breadsley, C. B. Farwell, Sidney
Clark, j. 0. Hilson.
Tjr J. Mv Pal mer, Lewis Y. Bogy,
James^roadhead, W.
K. Morrison and others present at the re
quest of the Chairman of the National
Democratic Committee.
New Orleans, November 17.—Gov
eruor Wells, a member of the Return
ing Board, states that in al) oases of con
tested polls from any oausb tbe Demo
erat-w ttorte Committee wotiMbbe noti
fied and the Board would hear argu
ment from both siddi. 1 ' 1 r
New York, NovemßeriL—The Her
ald's New .(jijt-ana special says : Gold
rates here to-day are 10 per cent, above
New York. Banks are oalling in tbeir
call loans, particularly on State and city v
securities. Poor people) are drawing
their money out of the banks and pat- /
ting it in gold; still there is no sign of
anything serious. The copunittee ap
pointed by Democratic visitors to pre
pare a reply tp the Republican letter of
refusal* have been work up, to a late
hour. It consists of Senators Trumbull
and Doolittle, Guveruor Curtin, of
Pennsylvania, Ottendorfer, of New
York; and another of Ohio. In
substance, it will substantially say,
' among other things, that they admit no
official powers or right to inteifere with
the‘internal affairs of the ;- tate of Lou
isiana, but they are here at the request
of an ptganizatiqn® of va great political
party, Where they meet the representa
tives of the .opposition, seleoted by the
President himself, for the same pur
pose, and, as he says in his army
orders, for the sake of seeing an
honest count of the vote aotually
cast, in ’BBply 'to statement that
the Vice-President has the authority to
count the yotpm they take direct issue,
and assert that CtmgteW itself, cocsist
. iug of the Senate ana the House, has
been solelyfnVelitofl’yHtb suoh power.
The Herald's Tallahassee dispatoh says
the official returns continue to come in,
without, however, changing the esti
mate I sent you two days ago,
givifig the State tb Tilden by 1 * from
400’ta 700 majority. A prominent Fed
eral offlqehphhu- Dpre reduces TiUJen’s
mujority to 229, but ! oannot vouch for
tia figures, i The Tribune's New Orleans
ispatph says the latest returns of the
election 1 in Louisiana received in that
oitybahaW ithat tpe Rephblioan majori
ties are iu the aggregate smaller than
they have been anpprised to be. '<
New Orleans, November 17.—The
Democrat®’ Committee have received
several hundred affidavits from negroes
and some from Republican officials in
.Ouacoik and other bull-dozed parishes,
showing peaceable add quiet election;
also, intimidation ■of negroes who de
sired to vote tbe DSBTbdfSttb ticket, but
’did not .do no tor fear ,of violence
4rom Jftepubimus qf, thgir own
pOlor. Republican .officials have ooun
ter-affidavits, ‘ hr mahy cases show- 1
ing violence ami’'intimidation ’Where'
the , Democrats have .Sworn noth
ing of the kind existed. It iB stated to
night on good authority that tbe Re
turning . Board, when At meets to-mor
row, wil^, reply to the application of the
Democratic Committee allowing five
members'from each party to be present
during the oktnvassing of returtafe. Busi
ness continues extremely dull, with no
prospect of improvement until the pres
ent political dispute is adjusted and the
election of President settled.
Collating the Vole—Republican Vraudn lie-
•i,,a tecreiL, u ~
[Special lHtpateh to Ui6‘Chronicle.ami Sentinel.]
Columbia, November’ !l!7.i—The Su
preme Court inaujed' to-day what the
{Chief Justicq termed aq auxiliary or in
termediate order, requiring the Board to
proceed to add np the total vote of the
various counties in the Staite and report
forthwith to i the Court. The oounting
is proceedia& qiufetly in the presence of
Democrats and Republicans. Large
Rod® al*,,frauds • dmve , already been
reached, although but a half dozen
ooniitieß have been added up ; five hun
dred'in BeaMbH and thirteen hundred
iii Barnwell are the figures of the frauds.
’lt,is supposed the end; will be .reached
to-morrow night. ; .
Haiti Atop ariiSlawn, Haguod sud Conner,
U*m .
[Special Dispatch to the Chronicle and Sentinel. J
Columbia, ,November 18,—The Board
of Canvassers eompleted their oount
to-night. Hampton... and Simpson,
Hggoqd and Conner, democrats, and
Kennedy, Cardozo and Talbot, Republi
cans, are elected. They make their re
port to* the Supreme Court Monday. It
is thought an illegal precinct in Beau
fort, at which over five hundred Radioal
votes were cast, will be thrown out by
the Court; if so, Tilden seoures two of
the Seven feleotoral 1 Votes of the State;
otherwise, Hayeß carries the State. The
end js not yet,. ; lj: ’ ,
.Columbia, November 18.— The State
Board of' Canvassers has tabulated the
returns for all the State officers except
Governor and i Lieutenant-Governor,
from the face’Of the petunia pf the
oounty canvaßsertu The vote is close,
and the results are aq. doubtful that it
wi{l take the correction of numerous
clerical Cfrors'to 'determine the suooess
fnl candidates. The totutas show that
Hayne* Republican, is re-elected Seore
tary/of,State by 227. Elliott, Republi
can, ip elected Attorney-General by
seven votes. Hagood, Democrat, is elect
ed OompttollerGeneratby266. Thomson,
Democrat,- Superintendedt of Education,
by 442; Kennedy, Republican,, by 161;
and Cardozq, .Republican, by 208, Cor
rected returns will change these results
on Monday so fis to give the Attorney-
Generalship to the Democrats and the
Superintendent of Education to the Re
publicans. Hampton’s majority is about
1,144 over Chamberlain,
The. Work la LoaUlann Begin*.
New Orleans, November 18.—At 12
o’clock to-day there wsls quite a gather
ing at the room of the Beturning
Board. Messrs. Caaanave and Wells,
members of the Board, were there;
Jdflge Trhmdull, Stallo, Governor Pal
mer, and Ex L Govemor McHenry, of the
Northern Democracy; and the Demo
cratic Committee,,.whjefi has charge of
the evidence to be presented on the part
of the Democrats, were present. Thera
Were a number of Republicans present,
also. There was a.delay with [he meeting
9n the part of the Boarc}, on account ol
the absence of Anderson pnd Kenner.
The Board met at and authorized
the Scrgeant-at-Arms to procure a room
for the meeting of the Board, A resolu
tion was offered by General AnderSon,
inciting the presence qf five gentlemen
frqm each party of ‘ the Northern Demo
crats and BepubliCahs in the city.
Adopted. Colonel Zacharie filed a pica
as to the jurisdiction of the Board,
which; thereafter went into executive
session.
New Orleans, November 18.—The
following communication has been for
warded to visiting Bepnblicans in an
swer to a similar document sent to .the
oe Board of Beturninu Officers, j
"■ - State or Louisiana, A
-'State House, New Orleans, Nov. 8.)
Hon. Jno. T. bhermafit, ftt, Gharles Ho
tel, New Orleans:
Sib —At a m£.eting_pf the Board of
Beturning Officers, held to-day. the fol-
and resolatidn, intro
duced by General Thos. 0.. Anderson,
was unanimously adapted, namely,:
Whereas, This Board has lesrned, with
satisfaction, that ‘distinguished gen
tlemen of national reputation from
other States—sotge at the! request
.pf. the President of the United
States and some at the request of the
National Executive Committee of the
Democratic party,are present in this city,
with a view to witness the proceedings
of this Board in oanvasftipg and oomptf
iag the returns of the repent election in
this State for Presidential eleotors, in
order that the public Opinion'"of the
country may be satisfied dsuto the truth
o 4 . ■ the result and L " fairness of
the means by it may
have been attained;' and whereas
tbit Board rebogniißs 'tbe importance
which may attach to the result of the
proceedings fiifd thatlhe publio mind
should he convinced of; it*, justice by a
knowledge of the facts on which it may
be baked: therefore fee jt
■ Rebdtted, ’’Thirt this Board does here
by cordially 'invite and request five
gentlemen from Path of fhA two bodies
named to be selected fij, themselves re
spectively to attend and ‘ fie present at
v the meeting of the Board While engaged
in the discharge of its duties Under
the law in canvassing And compil
ing the returns and ascertaining and
declaring the result \°t said election for
Presidential electors, in their Capacity
as private citizens 6f eminent reputa
tion and high character oe spectators of
ge proceedings in,,[heir behalf of this
>ard, Bespectfully, etg..
J. Madison Wells,
President Board of Beturning Offioers.
Senator Sherman hah answered f jrthe
Bepublicans and accepts the invitation.
No reply has, as yet (been received from
the Democrats.
THE FLOWERY LAND FOR TILDKN.
A Dew acrylic Majority Fylr Gaunt
the ohly Demand—A Loos Content Ahead.
[Spsviid JftpcMh* tv Ota -CArenwle mi
Tallahassee, *Fi*rrNovember 18.—I
have no doubt birt that the State is Dem
ocratic,if we dan secure a fair count.
The oontest may last two weeks yet-be
fore the final result is I reached. I could
not give you all the particulars in a tele
gram. Jkr,