Newspaper Page Text
gflttontcle anft jSmtmel.
WEDNESDAY-DEuEMBER 6, 1876.
THE SECOND STEP.
Chamberlain has taken the second
step in the harlot’s progress. The first
in to organize a Radical rump Legis
lata re at the point of the bayonet and to
reoognize it as the legal Legislature of
South Carolina. The second step was
described in the Columbia dispatches
published yesterday. In order to reiD
foroe the rump and give it some aem
blanoe of a constitutional quorum, the
defeated Republican candidates from
the county of Barnwell have been de
clared entitled to seats and admitted.
This act is in keeping with the
ether, and affords the strongest evi
dence, if any additional proof were
necessary, of the manner in which
Chamberlain A Company propose
to take possession of the State
government. It is well known that at
the recent election the candidates of the
Democratic party in Barnwell countj
were elected by majorities ranging from
a thousand to twelve hundred votes.
There were no complaints of unfairness
or intimidation. The only attempt at
fraud was made by the notorious Radi
cal politician Leslie. He was caught
stuffing a ballot box, and was compelled
to fly the State in order to avoid arrest.
Even the gang of scoundrels which con
stituted the State Board of Canvassers
did not dare to question the legality of
the election in Barnwell, and issued cer
tificates of election to the members
of the Legislature chosen by the peo
ple of that county. This is a point
whioh is entitled to special considera
tion. It should be remembered that, in
violation sf the law and of the precept
of the Supreme Court of the State, the
Board of Canvassers claimed the right
of going behind the returns and decid
ing who were and who were not legally
elected members of the General Assem
bly. In accordance with this view of
the case, the Board decided that there
had been no legal election in Edgefield
and Laurens, and refusal to give cer
tificates to the members elect from those
counties. But certificates were issued
to the members elect from Barn
well, and they would have been
admitted to seats Tuesday if they had
recognized the rump by claiming ad
mission. The Returning Board showed
conclusively by its own act that the
members from Barnwell were fairly and
legally elected and fully entitled to seats
in the House of Representatives. But
on Tuesday night it became apparent to
Chamberlain A Company, from the action
of the Republicans from Sumter, Or
angeburg and Beaufort that they could
not claim a quorum even under their
false and absurd construction of the con
stitution and the laws. It became ab
solutely neoessary for them to do some
thing and they adopted the desperate
expedient of reversing the vote of a
county which had already been canvass
ed and proclaimed legal by their own
political Returning Board. The Rump
organized at twelve o’clock Tues
day. Committees were appointed
Tuesday afternoon among them
the Committee on Privileges and Elec
tions. Without summoning witnesses
before them, without notifying the
members from Barnwell of the contest
or allowing them to make a defense,
proceeding solely upon the statements of
the defeated Radical candidates and the
affidavits manufactured by them, the
committee reported promptly Wednes
day morning that the Radical contest
ants were entitled to seats. This re
port was rushed through the Rump
without debate, adopted, and the defeat
ed candidates promptly sworn in—all
this in less time than it takes to
write the shameful narrative. This
is a plain statement of the case.
We do not believe that this rascally
trick will avail its perpetrators any
thing. The legal House of Representa
tives of South Carolina consists of the
men who met and organized in Military
Hall last Tuesday evening. A majority
of the lawfully eleoted members com
pose that House. It has a constitu
tional quorum, and its action is alone
valid and binding upon the people of
the State. The so-oalled House over
whioh E. W. M. Mackey presides is a
minority body, entitled to neither re
spect nor obedience, and is upheld only
by the armed forces of the Federal Gov
ernment. No act that it does is lawful,
and the world is put upon notioe not to
regard any of its pretended legislation.
URNBRAI. KIIUKR.
When General Roger was Military
Governor of Georgia he was considered
a soldier and a gentleman—an officer who
simply obeyed the letter of his instruc
tions and had no desire to oppress the
people over whom he was given authori
ty. We regret to find that the General
Ruger of 1876 is not the General Roger
of 1868. Then be was a soldier who
obeyed orders. Now he seems to be a
political partisan, willing and anxious to
place himself and his authority at the
disposal of unscrupulous men for the ac
complishment of bad purposes. In no
other way oan we account for the man
ner in whioh he has acted in the reoent
political complications in South Caro
lina. From the evidenoe he seems to
have been guilty not only of partisan
ship and oppression, but of what in the
soldier’s code is a more serious offense
than either—dissimulation and prevari
cation. The communication addressed
to him by Senator Gordon, General
Hampton and Colonel Haskell shows
conclusively, to our mind, that General
Rugkr’s conduct deserves the severest
condemnation. Last Tuesday he placed
his soldiers under the command of an
obscure oivilian named Dennis, a tool
of Chamberlain and the Ring. A file
of twelve men and a Major of the Unit
ed States Army stood at the door of the
House of Representatives and refused
admission to every member of the Leg
islature whose right to enter was not
recognized by self-constituted door
keeper. This so-called door-keeper
had his instructions from Dennis,
and the three— Dennis, the bogus
door-keeper and Major Stuart, U. j
B] A. —made themselves judges of the
•lection and refused admission to every
member of the House who did not have
what they considered valid credentials.
At the end of that shameful day General
Roger was waited upon by Messrs.
Gordon, Hampton and Haskell, and
•hown the provisions of the Constitu
tion of Sonth Carolina and the recent
decision of the Supreme Court of the
State. He declared that his orders had
been misunderstood, that he had n-1
intended to have soldiers at the door of
the Hall of the House, and that he did
net assume to decide upon the legality
of any man’s seat or upon his right to
outer the Hall. He went further, and,
ehowiog a disposition to remedy the
wrong be had done, stated that
bo troops should be at the door
of the Hail, and that under no
circumstances would he interfere ex
cept to keep the peace. In the face of
these declarations he aided and abetted
the scoundrels who were on in
augurating anarchy and gave them every
hope of assistance. General Ruobb is
a bitter black Republican, a man upon
whose word no man oan rely, a man who
has sunk as a soldier to rise as a poli
tician. Fie, for shame!
<Ov the total amount ($110,001,138) of
internal revenue paid to the Govern
ment during the fiscal year ending June
30 of the present year, Illinois contrib
utes the largest portion, $23,730,694 ;
Ohio next, $16,587,678 ; New York, $14,-
616,723 ; Kentucky, $7,705,592 ; Virgin
ia, $7,314,393 ; Pennsylvania, $5,973,-
431 ; Indiana, $5,579,126 ; New Jersey,
$3,779,949 ; California, $3,005,030 ; Mis
souri, $2,981,94L The articles from
which the revenue is chiefly collected
are spirits, beer and tobacco, and the
leading manufactories of these articles
are to be found in those States that pay
the largest proportion of excise.
GRANT 84YH IT 18 A FORGERY.
The following statement appears in
the New York Times, of Thursday :
Thia new allegation is that Atbbt received a
letter from Joyce which contained the direo
tion: “It yon have any doubt of the pro
priety of Bending this information, see Gene
ral Babcock. If he ia not in the city, eee Q.”
On thia letter it is represented that the ollow
ing endoisemeot waa written: “Jorca and
McDonald are reliable and truatworthy. Let
them have the information they want —U. 8.
Gkakt. ’ The President had his attention
called to thia statement, and he replied that
be Dever wrote any auoh endorsement, and
that it ia a forgery.
On this point three things, says the
New York Sun, are to be remarked :
L The endorsement appears to be in
the handwriting of President Grant,
and Avert believed that it waa written
by his band. It removed all double in
his mind/ibont the propriety of his re
vealing to the Whisky Ring conspirators
the secret proceedings which Secretary
Bristow was taking to bring them to
justice.
11. If it ia a forgery, some person in
the White House forged it Was it
Babcock ? He was directly interested in
these frauds, aDd no other man, except
Gen. Giant himself, would have been
likely to write such a signature, nor
would any,other man been able to make
Avert believe that it waa genuine.
That Baboock waa concerned in these
vast operations to plunder the revenue,
and that in various ways Grant helped
him and his confederates, is notorious.
It is also notorious that Babcock is now
kept in most important offloea by
Grant. Thus the two are still seen to
be on intimate terms, just as they were
at the time when these whisky frauds
were going on. What need was there,
that Babcock should forge Grant’s
signature, when by simply asking he
oonld get from him either his signature
or anything else that waa required to
promote the frauds ?
11l Gen. Grant's assertion that this
signature ia forged, by no means has
the weight now that it would once have
had.
WADE HAMPTON'S HOUSE.
The statement that the residence of
General Wade Hampton had been burn
ed by incendiaries, who attempted mur
der as well as arson, is thus qualified by
the Boston Globe, a Republican paper :
So it wasn’t Wad* Hampton’s residence which
waa burned by an incendiary, and his valuables
were not destroyed, and the lives of his family
were not endangered—but it was a Summer
house of his in "Cashier's Valley,” over the
North Carolina line, in the mountains above
Oeonee county, that was burned. Here, it is
said, he took brook trout, and from the pro
ceods of his Mississippi farm tried to establi-h
a resort where, during the Summer months,
his friends conld partake of his hospitality.
The Globe does not give any authority
for this statement, but we presume it
was based upon a publication in some
of the Radical papers of the North,
whioh will not admit that Chamberlain s
“ lambs ” are capable of doing any
wrong The statement is absolutely
without foundation. It was not General
Hampton’s Bummer house in Cashier’s
Valley, North Carolina, that was de
stroyed by incendiaries. The house
burned was Milnwood, situated five
miles from Columbia, on the Garner
Ferry Road. At Milnwood two sisters of
General Hampton and two or three little
children resided, alone and unprotected.
The incendiaries meant murder and re
venge and not robbery. The manner in
which the villainous deed was exeouted
shows plainly what were the intentions
of the miscreants. Petroleum oil was
employed, and every precaution taken
to make the atrooity a success. If Gen.
Hampton had not been a candidate for
Governor against Chamberlain, and had
not been eleoted, his property would
not have been destroyed nor the murder
of his relatives attempted.
ILLINOIS AND SOUTH CAROLINA.
The Radical leaders insist that Booth
Carolina oonld not have given a legal
majority for Tildrn and Hendricks be
cause in 1868 the State gave Grant a
majority of 17,064 votes, and in 1872 a
majority of 49,587. They claim that
only the grossest frauds and the most
outrageous intimidation conld have done
away with these majorities and given
the State to the Democratic candidates.
Reasoning in a similar way it ia evident
that the grossest frauds and most out
rageous intimidation were a’so prao
tioed in Illinois at the reoent election,
though the Republican leaders and the
Repnblioan press have not said a word
of either fraud or intimidation in that
State. In 1868 the vote in Illinois was
as follows:
Gr-nt
Seymour 199,141
Republican majority 51,152
In 1872 the vote of Illinois was as fol
lows :
Grant 241.944
Greelby. 184,938
57,006
The Legislature eleoted in 1872 was
constituted as follows :
Republicans IIJ
Independents 1
Republican majority 30
The offioial canvass of the vote of Il
linois in the recent eleotion has been
published. The vote of the State is
given as follows :
Hayes 276,876
Tilden 258,560
Cooper 17,057
Scattering 287 -275,904
Republican majority. 972
These figures show a loss to the Repub
lican party of Illinois in four years of
more than fifty six thousand votes. The
figures are instructive. The Republi
can vote has increased sinoe 1872 as fol
lows:
1872 Republican vote 241,944
1876 Repnblioan vote 276,876
Republican gain 34,932
The Democratic vote has increased
since 1872 as follows:
1872 Democratic vote 184,938
1876 Democratic vote 238,560
Democratic gain 73,622
In the Legislature of 1872 the Repub
licans had a majority on joint ballot of
thirty members. Tbs Legislature re
cently elected is constituted as follows :
Republicans 99
Democrats 98
Independents 7 106
Republican minority 6
7he change in pnblio sentiment in
| South Carolina has not been nearly so
marked and so sadden as in Illinois, yet
we are told that because Tildrn and
Hampton have been elected by small
majorities and the Democrats have one
majority in the Legislature on joint bal
lot tbat the State has been carried by
the grossest fraud ’and the most outra
geons intimidation.
Thb assessment of taxable property in
Massachusetts for the present year
shows a decrease. It is $1,769,433,000,
against $1,840,732,000 a year ago, and
$1,831,601,000 two year* ago. The de
crease in value is $71,299,000. Of the
loss $22,410,000 is on personal property,
and the rest on real estate. The large
portion of the decrease, $66,353,000 is
in the large cities. Boston falls off 6
per cent.; Springfield, 11 per cent, and
other cities a lees degree. The total
cost of government for the cities and
tewns in the State last year waa $24,-
800,000, which is 10 per oent lees than
for the year before.
The Columbia Register shows a speci
men of the manner in which District
Attorney Corbin manufactures Kn Klnx
testimony in Sonth Carolina. The Reg
ister says that "among the numerous
warrants issued in the oounty of Aiken
for citizens charged with intimidating
American citizens, was one for Dr. J. W.
Turner, Jr., a former resident of thst
county, who has been dead for eleven
years. This may serve to give our read
ers some idea of the reliability of the
kind of witnesses Munchausen Corbin
lias worked his oases up from.”
THE OKDEK OF DEATH** IN A SHIP
WRECK.
The New York Tribune says that a
very singular question has been raised
before Judge Tan Vohst, in Bupreme
Court Chambers, in the suit of Newell
and others sgsinst B mow ax and others.
The plaintiffs are the representatives of
She wishes of Elizabeth M. Walter, e
daughter of Joseph Ridoway. She
died in 1870, leaving e will containing
elaborate provisions for her two chil
dren end her husband. Her children
were to have each the income of $15,000,
with oross-remainders between them
and a reversion to her husband, who
was to have the income of $30,000, with
remainder to her children, while over
all was a gift of any residuary estate to
her father's next of kin. The estate is
nearly $60,000. Her aged mother who
survived her, her husband and her two
ohildren, all perished in the wreck of
the Schiller in Msy, 1875. If the ohil
dren died first, their father became their
heir, and those who are his heirs are
entitled to the property. If the father
died first, the children’s heirs, who are
the relatives both on the mother’s side
and father’s side, are heirs; but if the
grandmother died between the father
and the ohildren, s third arrangement
comes in as to her heirs; and to make
the oonfusion complete, if all died to
gether, still another rale will regulate
the distribution of the property. There
is no evidenoe as to whioh died first,
and the question presented to the Court
is whether there is any legal presump
tion as to the order of the deaths, and
its effeot if there is such a presumption.
THE CAUSE OF CAROLINA.
When General Dx Tbobriand, acting
under the orders of General Grant, dis
persed the legal Legislature of the State
of Louisiana at the point of the bayonet
on the Seventeenth day of December,
1874, we dwelt npon the fact that the
Northern people oonld not regard such an
aot with indifference because it was com
mitted in a remote Southern State, and
under oiroumstanoes whioh might not
again arise in the history of the Govern
ment. It needed no prophetic vision
to see thst the oause of L juisiaaa was
the oause of every other State, just as
the oause of Massachusetts was
the oause of every other American
Province at the beginning of the
revolution. It seemed to us plain that
what was done in Louisiana oould be
repeated in New York or Ohio, and that
it was possible for the same means to be
used to give a government to the nation
as were employed to foist a government
upon the people of a sovereign State.
We deemed it idle to say that no auoh
case would ocour again; that while the
act was a gross usurpation of authority
it should be passed by with safety be
cause it oould never be committed again.
The oourse pursued by General Grant
in New Orleans was a deadly blow
aimed at Republican government
and American institutions. When a
file of United States soldiers oleared the
Hall of the House of Representa
tives of legally eleoted members the
aot was the entering wedge of that
policy of centralism which now threat
ens to shatter the nation. What was
done in Louisiana, more than was done
in Louisiana, has recently been done in
South Carolina. The troops of the
United States were plaoed under the
command of a Governor who had just
been repudiated by the people. The
Capitol of the State was converted into
a military barrack and armed soldiers,
obeying the orders of obScure,irresponsi
ble and unscrnpulons political partisans,
ejected lawfully eleoted representatives
of the people from the building. We do
not believe this aot will meet with the
condemnation and the punishment
whioh it ao richly deserves. A great
political party, made desperate by the
prospect of defeat, will be found sus
taining this gross aot of usurpation, and
the peculiar oiroumstanoes of the case
will be made a pretext for defending a
deed so arbitrary that it would hardly
be tolerated in any monarchy of the
Old World. As in the oase of Louisiana,
the cause of Carolina is the cause of ns
all. The Northern people cannot afford
to treat the Twenty-eighth of November
with the same indifference they did the
Seventeenth of September. They can
not afford to sit idly by while constitu
tional liberty is throttled in South
Carolina as they did when it was
strioken down in Louisiana. They
bad as much at stake two years
ago as they have now, but then they
failed to recognize that their rights
were imperilled equally with the rights
of the people of Louisiana. Now they
must reoognize the gravity of the situa
tion ; they must appreciate the danger
whioh menaces them, and which arises
from the outrage of last Tuesday. What
has been accomplished in Louisiana and
South Carolina may be attempted else
where. If the bayonet can rale in New
Orleans aud Columbia, why may it not
also rale in Washington T If fraudulent
governments may be installed by foroe
in States, why may not a fraudulent
government be foisted by foroe upon the
United States ? The same power which
makes Chamberlain Governor maj
make Hayes President. The honest
men of the North, regardless of party,
should unite to undo and to punish the
mischief wrought in South Carolina. If
they do not, they may aa well abandon all
hope of living under a Repnblioan form
of government and prepare for Oksab
and for Cksabism.
The Buffalo papers speak in high
terms of the Belgian cable towing sys
tem, now in use between that oity and
Medina, on the Erie canal. A steel ca
ble is laid on tbe bottom of tbe ohannel,
rnnning through tho looks, thus forming
an unbroken line. Steam tags are eon
structed with machinery especially
adapted to the purpose; on the side of
eaoh one is a large clip dram wheel over
whioh the oable is made to ran, when
the vessel is in motion, like a belt ever a
pulley- The damps on the wheel grasp
the cable tightly, thus preventing any
slip or loss of power. It is said one of
tbe cable steamers can tow a fleet of six
loaded boats at twiee the ordinary speed,
and at about 50 per cent, less oost. The
system dispenses with the use and mur
der of horses; the pull is straight ahead,
and not at an angle as in the tow path
method, while there is no loss of power
by slipping, as in the oase of all other
steam appliances now in nse. Such arc
some of the advantages olaimed for the
Belgian system. The lack of money
alone, it is said, has prevented its intro
duction throughout the entire length of
the Erie eanal.
The New York papers contain e
strange story of the brutal treatment of
sn accomplished lady, who bed the mis
fortune to faint away on the street in
consequence of her agitation on discov
ering that she had lost a valuable camel’s
hair shawl, the gift of berhnsband. The
polioe, instead of taking her home, sent
her to Bellevue Hospital, in spite of her
protestations, where she was stripped of
dothee and jewelry, putin a strait-jaeket
and brutally maltreated, and finally sent
to a lonatio asylum. By mere aoddent
e relative discovered her whereabouts
and came to her rescue, finding her very
ill and almost distracted. The story as
told ia one of outrage and barbarity that
ought not to be allowed to pesa in •
civilized community without the strict
est investigation and severe punish meet
of the perpetrators.
The eleotion returns sent to the office
of the Secretary of State ebow the* in the
Eighth Congressional District of Geor
gia Mr. Stephens waa opposed by a
party named Tenvblle. In a total poll
of 15,744, Tknnell* received 1,273 votee,
which came principally from the oonn
tiea of Greene, Johnson, Hancock, War
ren and Washington. The natural in
quiry now ia, “Who is Tehhellb 7” We
were not aware before that he bed en
tered tbe political lists against the Sage
of Liberty Hell. His vote will probably
not encourage him to renew the eon test.
A CENTENNIAL PICTURE.
THE CENTRALISTS HOLD HIGH
CARNIVAL
The Careliea Legislature te be Dispersed hr
Che Barnet—Military Again Overthrows
Civil Authartlj—Lively Scene in the .State
Honse—Solemn Protest of t*onion, Haskell
sad Hamptsn.
[Special Dispatch to the Chronicle and Sentinel .l
Columbia, November 30.—Our Legis
lature ia in possession of the Honse.
Meyers ia making a Democratic speech.
Anqu P. Brown.
The Democratic members of the
Honse of Representatives are in the
State Honse, with their Speaker in the
Chair. The Radicals are also present
claiming their right to have their Speak
er. There ia mnch oonfusion. The
Democrats are hopeful. The troops are
present, but do not interfere.
(Special Dispatch to the Chronicle and Sentine l
Columbia, November 30.—After Gen.
Wallace, the Democratic Speaker, took
the Chair this morning, Mackey, the
Speaker of the Rump, with his Clerk,en
tered and approached Wallace and re
quested him to vacate the Speaker’s
Chair. Wallace declined, telling him
that he had been duly elected by a law
ful quorum of the Legislature of the
State. Mackey, trembling like an aspen
leaf, informed Wallace that he consider
ed that he had been elected, and again
requested Wallace to vacate. Wallace
replied that he would not do it; that he
was exercising hia lawful fuuotion aa
Speaker and that he should remain
where he was; that all the Democrats
asked was their rights under the Con
stitution, and these they intended to
have. Mackey then ealled his Sergeant
at-Arms and ordered him to put Wallace
out. Wallace called his Sergeant-at-
Arms and directed him to remove Mack
ey from the stand. The two Sergeants
walked down the aisle and stood near
their Speakers, while several friends of
each leader stood at their backs ready
for whatever might come. For a
moment a fight seemed imminent.
Then a delegate arose and made a
motion to notify the proper authorities
that an insurgent mob waa interrupting
the proceedings of the Legislature.
Many delegates at this time got the
floor, the Democrats addressing Wal
lace as their Speaker, and the Radicals
Mackey, as theirs—both Speakers rul
ing at one and the same time the parties
oat of order. Both Speakers directed
their Seargent at-Arms to keep order.
Matters finally quieted down, and
several Radical negroes were allowed to
speak by mutual consent. Meyers, of
Beaufort, a Republican negro member,
obtained the floor and declared he was
for peace, and that Chamberlain was un
able to give it to the people of the
State, he therefore hoped that some sort
of arrangement might be made and
General Hampton, who had been fairly
elected, declared the Governor of South
Carolina. Hamilton maintained the in
dependent stand he took yesterday
when he opposed the admission of the
bogus Barnwell delegation, and among
other things told the Republican
Rump members unless they decided the
matter by twelve o’clock to-morrow he
would take six of the delegates whioh
he oould control to Beaufort and put
them to work in the rice fields and pay
them for their labor, something the
rump Legislature were unable to do.
The negro members have been speaking
all the afternoon, the Democrats re
maining silent and giving them ail the
opportunity they might wish to say all
they want. They are still in session.
Gen. Ruger has just informed Wallace,
the Democratic Speaker, that the House
must be cleared by twelve o’clock to
morrow or he will clear it himself. This
notioe also says that the Edgefield and
Laurens Democratic delegates must
leave the hall. They will not of course
leave until forced to do so by the mili
tary arm of the United States Govern
ment. The Democrats have protested
against this unlawful proceeding upon
the part of Ruger, the General Com
manding this Department, who had
previously stated to the Democrats that
he would not interfere unless the peace
was broken. The Associated Press dis
patches will give you the letter signed
by Gen Gordon, Haskell, the Chairman
of the Democratic Executive Committee,
and Gen. Hampton, protesting against
Roger’s interference. The Major.
Washington, November 80.—Situation
this morning : The feeling here among
the Republicans is that the Louisiana
Returning Board have overdone the
thing. The Clerk of Baker oounty, Fla.,
makes a strong case for the Democrats,
by showing that the first return was gen
nine and the second dootored. The
Courts in Sonth Carolina did nothing
yesterday. The Republican House, by
a vote of 43 to 14,seated the Barnwell del
egation, The Senate reoognized the Re
publican House by amending their joint
resolution to canvass the. vote for State
officers. The Democratic members of
Congress arriving here express great
confidence that all will be well.
Washington, November 30. The
Herald’s Columbia special says the five
Republican members admitted from
Barnwell county are negroes. Two Re
publican members protested.
After argument in the habeas corpus
case, Judge Bond said he would take
time to oonsider the ease. The Marshal
retains the canvassers in custody.
The Tribune's Columbia dispatch says
the Senate has postponed nntil Monday
the consideration of the rule identical
with the 22d joint rale of Congress.
This is considered to be an advantage
gained to the Democrats. Three Repub
lican Senators are watching closely the
direction of affairs in the Republican
House.
The Times’ Columbia dispatch says
the admission of the five Barnwell Re
publicans yesterday gives the Republi
cans in the House 64 votes, a clear ma
jority even if 124 be declared a full
House. Aiken county, with four votes,
and Abbeville, with four votes, are also
protested, and may be reported on in
the same way.
Columbia, November 30.—The Demo
oratic House took peaceable possession
of the State Legislative Hall at their
regular honr of convening, 11 o’clock,
this morning, and proceeded to wo'k
under their organization. The Repub
lican Honse entered the hall at 12
o’olook, their regular hour for meeting.
Both Speakers are on the stand—Wal
lace, Democrat, in the Chair, aud
Mackey, Republican, at the Clerk’s
desk. A debate is progressing. Repub
lican members Hamilton and Meyers
denounce the action of the Re
publican Honse as illegal and un
constitutional. Everything is peace
able and good temper prevails.—
No persons allowed in the Hall except
members. The Democrats are cheerful
and confident. The Republicans anx
ious and dispirited. Some of their
members say they want a settled gov
ernment, and are for Sonth Carolina
rather than for the men who have rain
ed her.
Columbia, November 30, 7, p. m.—
Situation but little changed at the State
House, good bnmor being manifest on
both sides. Some efforts at compromise,
whioh may result satisfactory. Abont
3 o’clock, p. m., General Roger sent his
staff officer to the Speaker’s stand and
notified Democratic Speaker Wallace
that at 12 o’clock to-morrow the Demo
cratio members from Edgefield would
not be permitted on the floor of
the House. Upon the receipt
of that order the following letter was
immediately sent:
Columbia, 8. C., November 30.— T0
General F. H. Ruger , Commanding
United States Troops in South Caro
lina: Drab Sib— We have just heard,
through Major McGinnis, of your staff,
yonr order communicated to Mr. Wal
lace, Speaker of the Honse of Repre
sentatives, that at twelve o’clock to
morrow the members elect from Edge
field would not be allowed upon the
floor of the House. To say that we are
surprised at each an order, after the ex
planations and pledges made by yon to
one of us, is to use very mild lan
guage, When the outrage of Tuesday
last was committed by the placing
of armed sentinels at the door of
the House of Representatives, who
decided npon the admission of mem
bers to their seats, and when the
provisions of the oonstitntion and the
decision of the Supreme Coart were
broaght to yonr attention, you distinct
ly and warmly asserted again and again
that yonr orders were misunderstood,
end that you had not intended to have
sentinels at the door of the hall and that
yon bad not and did not intend to as
sume or to decide upon the legality of
any man’s seat or npon his right to en
ter the hall. You were then reminded
by us that your guard received instruc
tions from one Dennis, a citizen and
partisan of Governor Chamberlain, to
admit parties upon his own pass, or that
of one Jones, and had through armed
forces excluded all Democrats from the
hall until the Republican organization
was completed, and assured ns again that
■nh were not yonr orders. Yon were
told by ns that notwithstanding the
perpetration of this inexpressible shame
oponoor free institutions and the rights
ofthe people, the pyijs oonld still be
remedied without anyyiolenee or blood
shed by the simple withdrawal of your
guard from the doors of the hall. Let
the Democratic members struggle with
the Republicans and by a majority of
votes decide all questions in accordance
with law and the usages of legislative
bodies You stated that no troops
should be at the door and that
under no circumstances would yon
interfere except there should occur a
serious disturbance of the peace. Yon
affirmed your determination to exeroise
no supervisory control whatever over the
body or bodies claiming to be the
Honse of Representatives. All this oc
curred on yesterday. Last night, in a
later interview with Senator Gordon,
yon made the same assurances, and this
morning, after both bodies were assem
bled in the hall, yo* assured General
Hampton that under no circumstances
would you interfere except to keep the
peace. What now oan justly measure
our astonishment at the issuanoe of
such an order as the one jusfc sent by
you. There is no breach of the peace
and no prospect of its disturbance. Yon
had it officially broaght to your kaowl
edge that absolute good humor prevails
in that hall. Me cannot refrain from
expressing the apprehension that the
fact that a number of leading Republi
cans are taking issue witn the legality
of the proceedings by the Republican
House has changed your views as to
yonr line of duty. It is proper that we
thould say in conclusion that we relied
npon yonr honor as a man and yonr
character as a soldier to maintain yonr
pledged position of non-interven
tion The Democratic members from
Edgefield and Laurens are entitled
to their seats by the judgment
of the Supreme Court of this
State, and we have advised them to
remain in that hall until removed by
your troops, that the issue may be made
in this Centennial year of American In
dependence, whether we have a govern
ment of law as oonstrned by Courts or
a centralized despotism, whose only law
is foroe. Let the American people be
hold the spectacle of a Brigadier-Gen*
eral of the Army, seated by the side of
Governor Chamberlain, in a room of the
State Honse, and issuing his orders to a
legislative body, peacefully assembled
in one of the original thirteen Common
wealths of this Union. RespeotfnUy
yours,
[Signed] J. B. Gordon,
Wadh Hampton,
A. O. Haskell.
Washington, November 30.—An Ex
ecutive Counoil has been held to-night,
the President, Taft and Cameron being
together. Subsequently General Sher
man sent a large envelope to the tele
graph office. These gentlemen, upon
the nsnal personal application for news
of pnblio interest, say they have nothing
to-night. There is no doubt that the
conference had reference to Sonth Caro
lina, and that the orders were for Roger.
[S/tesial Dispatch ts the ChrmMe and Sentinel ]
Columbia, S. 0., December 2 —Some
changes have ocourred in the House of
Representatives to-day that indicate a
speedy solution of the difficulties. Two
colored m mbers from Beaufort, Ham
ilton and Myers, were sworn in at their
request by the Democratic Speaker,
giving as their reasons that they believ
ed it was the only legally organized
House. Leaving out the bogus delega
tion from Barnwell, they would now
have less than a quorum, according to
their construction of the Constitution.
Lamar telegraphed Gordon aDd Hamp
ton from Washington that there was
reason to believe no interference would
be made by soldiers, except in case of
violence. The order for a joint session
was again postponed until Monday. It
was proven to-night by Myers, Repnbli
oan, that one of the negro members,
Silas Cave, from Barnwell, said to have
been sworn in by the rump House, was
at home and had never left there. The
rump House admitted the Radical con
testants from Abbeville to-night. Both
parties have prepared to spend another
night in the Honse. R. A. L.
[Special Dispatch to the Chronicle and Sentinel.]
Columbia, December 2.—Both parties
are still in the hall of the House of
Representatives with positions unchang
ed, except that Myers, another member
of the Rump, was sworn in the legiti
mate Legislature this evening. This
makes two accessions to-day, w aile the
delegates are,partl.v sleeping and the ne
groes singing, “Hold the Fort. ” Good
night. The Major,
Washington, Decembers.—The Dem
ocrats this morning consider the situa
tion more encouraging. It seems cer
tain that Sonth Carolina will be allowed
to solve her domestic problem without
farther interference from the military
than may be necessary to preserve the
peace. This state of affjirs has been
brought about by vhe action of Mr.
Fish and other more moderate leaders.
The following are published this morn
ing :
Columbia, November 30.— His Ex
cellency U. S. Grant, Washington:
The Democratic members of the Lower
House, sixty-five in number, met quiet
ly in the hall to-day, with their Speaker
in the Chair. The Republicans, 59,
also assembled there, and plaoed their
Speaker on the desk. General Ruger
proposes to take out of the House eight
members duly elected, holding certifi
cates from the Supreme Court. The
House is the sole judge of the qualifi
cations of its members. We propose to
leave the question to the House. These
members will remain until expelled by
force, but we earnestly desire a peace
ful solution. The Legislature will not
interfere with the Presidential Electoral
vote. We ask only a constitutional Leg
islature, peaceably assembled for the
good of the State.
Very respectfully, your obedient ser
vant, Wade Hampton.
Columbia, December l.—Hon.L. Q.
C. Lamar, Washington: Have the
President, Secretary and Cabinet waited
on immediately by our friends. Let
them state that absolute peace prevails
here and in the House, where both
bodies are in session. If Ruger inter
feres it will be without the shadow of an
exouse. The Republicans are express
ing on the floor of the House their dis
gust with tbe revolutionary proceedings
of their party and joining us. Press
these points, and let the eountry know
the real situation.
[Signed] J. B, Gordon,
Wade Hampton.
In publishing these dispatches the
Republican says, in double leads, “The
President, in conversation with a repre
sentative of the Republican, refering to
the statement made by Senator Gordon
and Wade Hampton, where they charge
that General Ruger had made pledges
to them in regard to the non-interfer
enoe of the military with tbe meeting of
the Sonth Carolina Legislature which
he had failed to keep, said he was
satisfied General Ruger had done
no such thing. He knew the
General well. He was a gallant sol
dier. a high-toned, honorable man, and
would scorn to do a mean aot under any
oironmstances. In regard to the oft re
peated charge tbat the Administration
had nsed the military to interfere in the
affairs of Southern States to an extent
not warranted by law, the President said
the charge was not snstained by the
foots. The commanding officers at all
military posts at the Sonth were at all
times instructed simply to sustain the
legally constituted authorities and
preserve the peaoe. Where the
military had gone further it has
been clearly shown to be a miscon
ception of orders, and the aet had been
promptly disavowed by superior au
thority. In regard to interference in
elections, there ie not a single instance
on record where the presence of the
military had intimidated a single voter.
On the contrary, it had been clearly
shown that both in South Carolina and
Louisiana the presence of the military
enabled all the colored people who wish
ed to do so to vote the Democratic
ticket. The President has no donbt bat
what all the questions growing out of the
Presidential contest will be peacefully
adjusted, and tbat the counsels of the
good and patriotic men in both parties
will prevail.”
Upon receipt of the dispatch from
Senator Gordon and General Hampton,
Mr. Lamar showed it to Secretary Fish,
who informed him that orders to tbat
effeot had already been sent.
Columbia, December 2.— A motion
was made to-day in the Supreme Coart
in behalf of Wallace, Speaker of the
Democratio Honse, for a mandamus on
Mackey, Speaker of the Republican
House, to compel him to deliver the re
turns for Governor in Mackey’s posses
sion to Wallace, as the legal Speaker of
the legal Honse; also a motion for quo
warranto on Hayes’ electors; both oases
to be heard Monday. Mackey, in the
House this morning, told Wallace that
he intended to remove Edgefield men
with State constables. Mr. Wallace
■aid that as the Honse was the only
conservator of its own order and oonld
not legally be interfered with by con
stables or any ontside foroe, he wonld
resist with all the power at his com
mand and not yield exoept to United
States troops under General Rnger.
Matters are approaching a crisis, and if
Roger snstaines Mackey the Democrats
will be expelled; if he declines to do so
they will remain.
The Republicans to-night seated fonr
more members from Abbeville county,
without hearing protests or contests,
and white tbe Democrats were in the
Hall holding certificates of eleotion from
the Board of State Canvassers. No
militia or constabulary have as yet made
their appearance at the State Honse.
The crisis passed till Monday.
EE RANDALL.
Samuel J. Randall Nominated by the Dtme
crata far Speaker.
Washington, December 2.—ln the
cancels JJandaU beat Cox ten votes for
Speaker. Thera were but two candidates.
Washkotoh, December 2.- After the
nomination Mr. Randall made a brief
but eloquent speech. Mr. ,Oox then en
tered the caucus, which received him
standing. He congratulated his com
petitor. The vote stood: Randall, 78;
Cox, S3. It waa resolved to send com
mittees at once to Louisiana, Sonth Ca
rolina and Florida to ascertain the facts
regarding the electoral votes in those
States,
STATE SUPREME COURT.
DECISIONS RENDERED NOVEM
BER 88, 1878.
[Atlanta Constitution: l
Sharman vs. State. Arson, from Mon
roe,
Warner, C. J.
The defendant was indioted for the
offense of setting fire to a house in town,
and on the trial therefor was found
guilty by the jury, with a recommenda
tion that he be imprisoned for life. A
motion was made for anew trial, on the
ground that the verdiot was contrary to
law, contrary to the evidence, and with
out evidence to support it, which motion
was overruled by the Court, and the de
fendant exoepted. The main evidence
relied on to oonvict the defendant of the
offense charged was the fact that cer
tain tracks were discovered near the
house set on fire the next morning there
after, which were measured, bnt not
identified as the tracks of any particular
individual. A day or two afterwards
the defendant’s tracks, as he made them
in a publio street, were measured and
the size thereof compared with the
traoks found near the honse set on fire.
There were some other slight circum
stances offered in evidence to show that
the defendant might be guilty of the of
fense charged, not however inconsistent
with his innocence, but unless the traoks
found near the house set on fire the
next morning thereafter were made by
the defendant, the verdict cannot
be sustained. How is that faot sought
to be established ? It is sought
to be established by a comparison of
the size of the tracks found near the
house set on fire, with the size of the
traoks made by the defendant in a pub
lic street a day or two afterwards. The
prosecutor, who measured the tracks
found near the house, states that each
one measured II inches in length from
heel to toe, and 3J in width aoross the
broadest part of it; that he measured
the impression on the ground made by
the sole only, both length and width.
A witness, who measnred defendant’s
traok, states that it measured lOf inches
long, and between 3} and 3f inches
wide, measured his shoes, 10J inches
long and 3f inches across. The de
fendant may be guilty, but there is not
sufficient evideuco to authorize his
oonviction under the law ; for it will
not do to find a defendant guilty of an
offense and imprison him for life on
suspicion that he is guilty. This case
comes within the ruling of this Court
in McDaniel vs. The State, 53d Geo.
t>ep. 453, and Sharp vs. Tho State, 50th
Geo. Rep. 513. Besides, in this case,
the motion for anew trial was not over
ruled by the Judge who presided at the
trial, so that we have not the weight
of the opinion of the Judge who did
preside at the trial in favor of the ver
dict. Let the judgment of the Court
below be reversed.
Bleckley, J., having been of counsel,
did not preside in this case.
MoLendon vs. Wilson, Callaway & Cos.
Assumpsit, from Troup.
Warner, J.
The plaintiffs brought their action
ag iinst the defendant on two drafts,
dated 31st of August, 1867, for 83,81924,
each, one due at ninety days and the
other at sixty days, drawn by defendant
on the plaintiffs, payable to their order,
acceptance waived. To this aotion the
defendant pleaded several pleas, as set
forth iu the record ; in one of which
the defendant alleged that the plaintiffs
were indebted to him in the sum of
81,950 for usurious interest reoeived.
On the trial of the case the jury, un
der the charge of the Court, found a
verdict for the plaintiffs for the sum of
84,370 57, reducing the amount claimed
to be due on the two drafts 83,267 91.
The defendant made a motion for anew
trial on the various grounds therein
set forth, which was overruled by the
Court, and the defendant excepted. It
appears from the evidenoe in the record
that the two drafts sued on were given
in liquidation of an acoount, held by the
plaintiffs against the defendant, and one
of the main questions on the trial was
whether, at the time the drafts were
signed, the defendant insisted that the
amount of the account was wrong, and
the plaintiffs agreed that if there was
anything wroug in the account it should
oorreoted, and that upon that represen
tation the defendant signed the drafts.
The evidence upon this point in the
case was conflicting.
There was no error in admitting the
answer of Wilson in evidence, that the
amount for which the drafts were given
was a true extract from the books of the
plaintiffs. The items of the account
were stated in the abstract, and it was
for the amount thus stated that the
drafts were given, and not for the items
on the books of the plaintiffs, unless the
abstract and the books contained the
same items as stated by the witness. If
the defendant had desired to have seen
the plaintiffs’ books for the purpose of
verifying the items in the abstract be
fore giving the drafts, he could have
done so, or have relied on the abstract
as he did do, and for which the witness
stated the drafts were given.
There was no error in allowing the
witness, Wilson, to testify that the giv
ing of the drafts was in full settlement
of all matters between plaintiffs and de
fendant, and was satisfactory to all par
ties so far as he knew or believed, the
Court rejecting the word believed so as
to make the testimony read so far as he
knew, especially was this testimony ad
missible in view of and in reply to the
evidence of the defendant. There was
no error in allowing the witness, Wilson,
to give his reasons why acceptance of
the draft was waived, or as to his other
testimony objected to by the defendant,
as contained in the bill of exceptions in
view of and in reply to the testimony of
the defendant in relation' to the transac
tion between the parties/ There was no
error in ruling out testimony of Johnson
as to what the defendanhjtold him short
ly aftor the drafts m the
absence of the he did
not intend to etc. A
party cannot
himself this
was before
was ordered, for
the Comt in t xelnd Yj-'
.-ration of tlie jury IV
defendant as to the * '*<
derstandirig of the 1 &f
count which he cl .irned
for which the drafts were give^B
thereafter be corrected. In ■
through the charge of the Cour^B
last trial of the case, iu view of^H
ings of this Court, the
between the parties, including
tion as to the bar of the statute as
claim for usury, were fairly
to the jury under the law
thereto, and there was no error in fIH
charge of the Court as given, or in tIH
refusal to charge as requested. TherM
is sufficient evidence in the record t. V
sustain the verdict, although that evi
dence was conflicting; the credibility of
the witnesses, and the weight to which
their testimony was entitled, was a
question for the jury exclusively, and
not a question for this Court to decide.
Whilst we have no power to compel
parties to be satisfied with the ver
dict of a jury of their neigh
bors npon questions of fact when
there is conflicting evidence as to
their rights, and no rnle of law is viola
ted by the Court, still we have the pow
er to compel them to acquiesce in sach
verdicts, and not disturb the oonntry
with any farther litigation, as we now
do, by affirming the judgment of the
Court below in this case, in overruling
the defendant’s motion for anew trial.
Judgment affirmed.
Frost vs. Allen. Claim, from Tronp.
Warner, 0. J.
'ihis was a claim case. It appears
from the record that William Allen and
Amanda Allen, on the 19th day of
February, 1875, executed and delivered
to Frost the annexed instrument in
writing, w hich was duly recorded within
three months from the date thereof.—
Frost proceeded to foreclose the paper
writing as a mortgage, and a fi fa. was
issued on the judgment of foreclos
ure and levied on the property, which
was claimed by Amanda Allen. When
the claim case was called for trial, the
claimant made a motion to dismiss the
plaintiff’s levy on the mortgage ft fa.,
on the ground that the paper writing on
which the plaintiff’s proceedings were
based was not a mortgage. The Court
sustained the motion and dismissed the
levy. Whereupon the plaintiff except
ed. The following is the paper writing
whioh the plaintiff foreclosed as a mort
gage, to-wit:
“Georgia, Troup County.—Be it
known that we, Wilson Allen and
Amanda Allen, both of said county, are
justly indebted to F. A. Frost in the
sum of six hundred and eighty-fonr
dollars and forty cents, which is evi
denced by promissory note bearing even
dst* with these presents. Now, for and
in consideration of said mm of $684 40,
furnished ns the present year by said
F. A. Frost, in the way of provisions,
we hereby sell, transfer and assign to
said Frost the following property, to
wit: One black horse, name Coley; one
gray mare, name Kit; one sorrel horse,
name Ball; one two year old mnle, one
two year old filly, one two year old
horse colt, two one year old horse
colts, fohr cows, three heifers, and
one yoke of oxen.-six’head of stock cat
tle and twenty head of sheep; One
ntndebsker wagon, one grain reaper
and fixtures ; one gin and condenser ;
and it is our intention by this contract
to vest the title to said property in said
Frost in consideration of onr indebted
ness on our part of said Frost, and we
hereby renounce and waive all right to a
homestead and exemption in and to
said property ; and it is further agreed
that if said note is not paid by the first
diyof November, 1875, then the 8-id
Frost is hereby iuvested with power to
take immediate possession of. said prop
erty and, after advertising the same for
ten days in the LaGrange Reporter
newspaper, to sell at publio outcry, be
fore the Court House door, in the city
of LaGrange, said property herein con
veyed for cash to the highest and best
bidder ; and, after paying off and dis
charging said note, principal, interest
and costs, the balance, if any, should
go as a credit upon another note held
by said Frost on said Wilson Allen, and
secured by mortgage on laud, but if
the said Wilson Allen and Amanda Al
len shall well and truly pay off said note
by said first day of November, 1875,
then the said Frost hereby agrees to
give to said Wilson Allen and Amanda
Allen a quit claim title to said property.”
Was the foregoing recited instrument
a mortgage, and was the plaintiff at lib
erty to treat it as such and foreclose it
as a mortgage under the provision of our
statute ? A mortgage in this State is
only a security for a debt and passes no
title. It may embrace all property in
possession or to whioh the mortgager
has the right of possession at the time.
No particular form is necessary to con
stitute a mortgage. It must clearly in
dicate the creation of a lie', specify the
debt to secure which it is given, and the
property upon which it is to take effect.
Code §1954, 1955. The instrument in
question is of an anomalous character,
and it is somewhat difficult to classify it
according to any well settled legal defi
nition.
Iu our judgment, it has more of the
elements of a mortgage than of an ab
solute conveyance of the property there
in named. It was certainly intended to
be a security for the payment of the
debt due to Frost, and if that debt was
faid by the first day of November, 1875,
rost was to reconvey the property by
a quit olaim title. The title to the prop
erty can not fairly be said to have been
vested iu Frost for any other purpose
than to authorize him to sell it for the
payment of the debt, in the event of its
non-payment by the first of November,
1875, and the Allens would have beeD
entitled in a Court of equity to a decree
that Frost should reoonvey the proper
ty by a quit olaim title, 'flu the payment
by them of the principal and interest
due on the debt, at any time before the
property was sold. Tne Court, there
fore, erred in dismissing the plaintiffs’
levy on the mortgage fl. fa. on the
ground that the paper writing foreclos
ed was not a mortgage. Let the judg
ment of the Court below be reversed.
Frost vs. Stinson et at. Equity, from
Troun.
Bleckley, J.
1. An account in favor of a partner
ship is not matter to support a bill
brought by one of the partners only,
where it does not appear on the face of
the bill that the other partner is dead,
or has parted with his interest. Such
an account constitutes no cause of ao
tion in favor of the complainant, and
there can be no decree thereon. 2. The
individual notes of the trustee and of
one of the beneficiaries will not charge
the trust estate, although such notes
were given for supplies furnished for
the benefit of the trust, and although
the creditor looked to the trust estate
alone for payment. If the billwasfound
ed on the notes and not direotly on the
account in lieu of whioh tho notes
were given, there can be no decree sub
jecting the trust property—certainly
not, where tho makers of the notes are
both dead and where their representa
tives are not before the Court as par
ties. Judgment affirmed.
Tison k Gordon vs. Howard. Equity
from Monroe.
Bleckley, J.
1. Bills of lading are symbolic of the
property they represent, and though
transferrable so as to pass title to the
property in a transaction intended to
have that effect, are not, in the full
commercial sense, negoiable paper and
are not attended with all the incidents
of such paper in favor of bona fide pur
chasers.
2. In strict law, the proper person to
pass a bill of lading by indorsment is
the consignee, not the consignor—1 Pe
ters, 386.
3. Where a planter consigned cotton
by railroad to a factor, taking therefor
from the carrier an original and a du
plicate receipt, both of them represent
ing him as consignor and the factor as
consignee, and endorsed both receipts
in blank, forwarding the original, or
oausing it to be forwarded, by mail, to
the factor, without any accompanying
letter, and depositing the deplicate in
the hands of his own banker for safe
keeping, giving no authority to use or
part with it; and, thereupon, the bank
er, without his principal’s knowledge or
consent, indorsed the duplicate to the
factor, and sent the same to the factor,
assuming to control the cotton as if it
were his own, when, in faot, he had
made no purchase of it and had no au
thority to sell it without orders to do
so; and the factor, while in possession
of the cotton, and of the duplicate re
ceipt thus indorsed (by the planter in
blank, and by the banker to the factor),
and of letters of advice from the banker
touching the shipment and giving in
structions as owner, paid the banker’s
drafts, to an amount exceeding the value
of the cotton, looking to the cotton as
security, and believing it to be the
property of the banker, and having re
oeived from the planter no instructions
whatever, and no notice of his title
other than that implied in the faot, as
shown by both receipts, of his being the
consignor—the planter’s title to the cot
ton was not lost or impaired; and, al
though the banker became insolvent,
the factor obtained no lien upon the
cotton for his advances and no right to
withhold the proceeds from the planter,
the true owner, and his real principal in
the consignment.—lls Mass. 224.
Judgment affirmed.
McLendon vs. Frost. Complaint, from
Troup.
Bleckley, J.
1. Refusal, on oral demurrer, or mo
tion, to strike a part of the plaintiff’s
1 cause of action as barred by the statute
lof limitations, is no cause for new trial,
Itvhere the statute is pleaded, and where
fthe charge of the Court and the verdiot
Bf the jury are with the plea. No harm
Hfclone.
After the parties have announced
for trial, it is too late for one of
to move for the appointment of an
without showing some good ox
not making the motion earlier,
case the excuse shown was not
Kt.
the plaintiff amends his de-
the Court is not obliged to
upon terms, or to exact the pay-
Hg COSt.
the examination of a witness
more minute than neces-
Court may inquire of counsel
examination should proceed in
thMway; and, in doing so, may state
admitted by the party, and
whsßnppears upon the face of certain
writings to which the examination re
lates.
b. When accounts are in evidence,
and they are pertinent otherwise than
as mere memoranda used by the wit
nesses to refresh their memory, it is not
error to refuse to rnle them out except
as such memoranda. They should stay
in, if at all, for all purposes which they
may legally subserve.
e. When the snit is on notes and a
set-off is pleaded, the plaintiff may show
he has paid the debt claimed in the set
off ; and the Jndge may state this rnle
of law in the hearing of the jury.
and. The Oonrt should not remark in
the hearing of the jury that evidence
bad been admitted ex gratia, rather
than by the strict rales of law; but so
doing is not necessarily cause for new
trial, the remark not being addressed to
the jury, nor amounting to an intima
tion as to what had or had not been
proved.
4. When, on the third day of the
trial, a motion is made for oontinnance,
two hours and a half is not too short a
time to allow for completing the show-
ing.
a. Refusing the oontinnance was not
error.
b. The second refnsal to refer to an
auditor was not error.
5. When there is positive evidence
of a faot, the admission of cnmnlative
evidence, even if it be not strictly le
gal, is not generally cause for new trial.
6. Evidence that no goods were sold
without authority, written or verbal,
from the party, is pertinant, when the
items are nnmerons and when some
of them are supported by written orders
and others not.
7. The defendant’s sworn plea, may,
in argument, be commented on as a
sworn statement, and may be compared
with his testimony to disparage it.
8. When, at 10 o’clock at night, there
is a tired juror, the Court and the coun
sel may confer in his presenee and hear
ing on the question of adjourning nntil
the next day, and speak of the length of
time that will be needed, and whioh can
be allowed, for concluding the trial, and
of the opportunity for condensing which
the adjournment will afford. And it is
not error for the Conrt to adjonrn when
counsel consent, and when the arrange
ment agreed npon, as to time, is satis
factory to all concerned.
-9. When usury is in question and the
plaintiffs counsel, during the trial, of
fers to take ten per cent., it is not error
for the Jndge to inquire of the defend
ant’s counsel if that rate is satisfactory.
10. When argument is properly inter
rupted to correct an erroneous state
ment of fact and a paper, not at hand,
is needed to settle the point is dispute,
time to search for the paper or to estab
lish a copy may be denied. If counsel
having the floor exclaim (in the way too
frequently practiced) ‘ ‘the shoe pinches,"
and adverse counsel complain of it as
improper, and show, by producing the
lost paper, that the statement giviug oc
casion to the interruption was, in faot,
erroneous, the Court may answer, “Well,
you have now stated it your way; he has
passed from it; let the argument go on.”
What is best to be done or said under
such circumstances, must, in the nature
of things, be subject to discretion.
11. A sworn plea is an admission, by
the party, of the matter of fact which it
asserts; and when his testimony, as
given in on the trial, conflicts with it,
the oircumstanoe may be remarked up
on the jury, in argument, as affeoting
his credit.
12. When the whole oharge of the
Court is exoepted to the exception will
not be sustained unless the whole
charge is wrong. If the object be to
reach defects or imperfections in par
ticular parts, they must be pointed
out.
13. The creditor, in applying a pay
ment not applied by the debtor, may
credit it on a just and valid demand,
whether the correctness of such demand
be assented to by the debtor or not.
a. To deprive the creditor of a right
to apply certain payments, because “it
was the known reasonable expectation
or understanding that a settlement
would afterwards take place, at whioh
time the oredits would be placed, and
not till then,” such a theory must dis
tinctly. appear in the evidence.
14. After the oreditor has exercised
his legal right of applying payments,
the jury will not Ifcply them differently.
15. Where the evidence makes a case
of sales, wholly on tho authority, writ
ten or verbal, of the defendant, and
wholly on his credit, from first to last,
he is an original debtor, and the law of
promise to answer for the debt, default
or miscarriage of another is not appli
cable.
16. Where payments have been ap
plied and bills rendered, showing both
debts and oredits, the debtor may ao
quiesce, and be bound by his acqui
escence, even though he did not previ
ously fully know, understand and assent
to each aooount.
17. When the Court has properly re
fused a request to oharge, a second re
quest, substantially the same as the
former, should be refused aiso.
18. That a debt was just, and that
payments were rightfully applied to it,
may appear without showing all the par
ticular items of merchandise sold and
delivered.
a. It is the better practice not to read
aloud to the jury a request to charge
which the Court intends to refuse.
19. This Court has not been made to
know that the verdiot was contrary to
the eharge of the Court touohing bank
account and interest, or contrary to law
or equity, or exoessive in amount, or
contrary to evidenoe.
20. There was no error in the arrange
ment made for receiving the verdict, or
in receiving it with a Judge on the benoh
who did not preside at the trial, or in
requiring the jury to separate principal
and interest.
21. No material error appears to have
been committed, as to matters not speci
floallv noticed above. Judgment affirm
ed.
Alexander Piper and Hiram Dennis vs.
James A. Wade, administrator. Com
plaint, from Troup.
Jackson, J.
1. Anew note for a less sum than the
old note, given in renewal thereof, is
presumptive evidence that all differences
between the parties were adjusted and
settled when suoh new note was given.
2. Such presumption may be rebutted
but. it must be upon clear and satisfac
tory evidence that both parties agreed
and intended that Mm settlement made
when the new note was given was not
final, and that any defense which could
have been made to the old note might
still be made to the new one.
8. A request to charge unauthorized
by the evidenoe should not be given.
4. Even if any error in charging or
refusing to charge had been committed
the verdict should stand, if right in any
view of the facts disclosed by the rec
ord. Judgment affirmed.
P. R. Gillespie vs. Wm. Chastain. Cer
tiorari, from Carroll.
Jackson, J.
1. A party in possession of a personal
chattel may recover the value thereof
from any person who wrongfully dis
possesses him of the same. Code 3027.
2. If the person who dispossesses him
thus ia possession shall seek to protect
himself by purchase at a constable’s
sale of property of defendant in fl. fa.,
exempt from levy and sale by virtue of
having been set apart by the Ordinary,
snoh purchaser must show that there
was no other property of defendant in
fl. fa. on whioh a levy could be made,
and that affidavit was made by plaintiff
in fl. fa. before the levy, that the debt
upon which the execution was founded
was one from whioh the property set
apart was not exempt.—Code 2026, 2027.
Judgment reversed.
The People’s Bank of Newnan vs. Or
lando MoLendon. Certiorari, from
Coweta.
Jaokson, J.
A commissioner entrusted by a party
to a suit to find another commissioner
and institute interrogatories, may re
cover therefor whatever his services are
reasonably worth, though he was named
by the other party as his commissioner
on the interrogatories, before thus en
trusted by the first party with the duty
to hunt up another commissioner and
take the business in oharge. Code 3,-
883. Judgment affirmed. A. D. Free
man for plaintiff in error. P. H. Brew
ster, Speer & Speer for defendant.
THE PRESIDENTIAL STRUCiGLK IN
LOUISIANA.
[Csrrefpondence Cincinnati Commercial .l
“Let Ua Reaaon Together.”
An interesting feature of this misera
ble business is the frequent calls of dele
gations ( f colored Democrats upon the
Northern Democrats low here. Calls I
say, although they are really brought,
aDd would hardly take the trouble to
come to New Orleans of their own option.
It happens that three of the Northern
Democrats now here are old Abolition
ists, and perhaps others were. Bat
Julian, Palmer and Trumbull are among
the founders of the Republican party, if
I remember history correctly. They
seem to take a lively interest in the
negro’s welfare, and it is fair to say that
their love for the rights of man is not
lessened by their alliance with the Dem
'ocratio party. Tne other day I heard
Governor Palmer talking with some of
the waiters of the St. Charles Hotel. His
language was really noble, and the be
fogged waiters could not understand
how he could be a Democrat and a Til
den man and talk that way. One said
to another, “He’s a mighty curious
Democrat;” another said, “If they were
all like him we’d be Democrats, too;”
another said, “If Tilden is like this
man we have nothing to fear.”
Ah, if every Democrat in the United
States was as liberal and generous to
the black man as Governor Palmer, we
wonld have no problem. We would have
no trouble. He does not subscribe to
the Constitutional Amendments one day
to trample on them the next.
Governor Palmer and Mr. Julian tell
me that they do not want Louisiana if
the State has been carried by force and
intimidation; they say they do not want
the State for Tilden nnless it has been
fairly carried for him. But they deny
the stories of wholesale intimidation;
they say there has been some of it on
both sides, bet not enough to have
carried the State. They affirm that their
information is to the effect that the
blacks are more proscriptive against one
of their race who acts with the whites
than are the whites against their politi
cal enemies. They were amnsed at the
instances which come to their knowl
edge where a black women bad discarded
their husbands for voting with the Demo
crats, and where black Democrats had
been tnrned out of their churches for
the same reason.
All the Northern Democrats here say
emphatically that they do not want the
State if it has been carried by unfair
means, bnt they utterly deny that there
has been anything like enough unfair
means nsed to account for the large
majority which Tilden has upon the face
of the returns. And right here is where
the Republicans and Democrats differ.
The latter deny that there has been
enough intimidation to effect the gen
eral result, and the former insist that
there has. And the mass of testimony
being gotton np on one side and the
other is overwhelming. The Republi
cans have the advantage in having
oootrol of Government funds in the
hands of United States Marshals, which
is used to bring in witnesses whose state
ments and affidavits are wanted
But I was speaking of the Democrats
of both colors, and their
Ronferrlos Together,
Which are interesting spectacles. Tosee
a dozen so called Democrats (though I
should hate to bet on their Democracy
being deeper than from the lips out)
telling George W. Julian,, Lyman Tram
bull and Governor Palmer why they go
with the Democratic party, affords food
for reflection and digestion. I mean
when One takes in the spectaole and
glances back into history at the same
*'*l have been present at some of these
interviews. Yesterday General Garfield
and Job Stevenson witnessed a scene of
i the sort, and a“ked the blacks several
questions. On a previous occasion all
the visiting Republicans were invited,
but did not come, whioh is to be regret
lied, as no opportunties for gettiug bot
tom facts should be neglected by either
side.
One by one the colored men stood up
in the richly furnished parlor of the
Northern Democrats, aud gave iu their
experience. They were above the aver
age in intelligence and appearanoe.
Some of them own considerable prop
erty, and we are told by the planters
who are here, “all are respected.”
One had been the President of a Re-
publican club up to within two months
of the election. He took the whole club
iuto the Democratic party because he
was convinced that all interests would
best be served by going with the white
people instead of against them. They
all denied that there had been any force
used, but they had tried the Republican
party a long time, and they had utterly
failed iu all their promises. The State
as a in bad fix; taxes were high and
times hard. They said they talked it
all over among themselves and con
cluded to leave the Republican party
and give the Domeorats one trial. They
all testified to the fact that election day
was quiet; no disturbance, no fights, no
armed meu at the polls. One said that
the election at his place was “quieter
than a church meeting,” because “there
was not even any shoutiDg.” Then
there have been several of these confer
ences and exchange of observations.
The effect is to convince the Northern
Democrats that the election was free and
fair, and that the blacks did in large
numbers, with their eyes open and with
out force or fear, vote the Democratic
ticket. They are already well convinced
that Tilden won the State by fairness,
and these interviews only strengthen
that belief. Besides, the statements of
these blacks have beeu taken down for
Northern consumption.
When I see tho mass of information
of all sorts being arranged here for the
loyal North to chew over, I pity that un
happy section, and wonder if they will
not, one and all, wish they were dead.
I may have described previous con
ferences and confabs of this description.
Between telegraphing and writing, I
may duplicate occasionally, though
events tread on each other’s heels so
rapidly here that there is little danger
that I will tell of the same event to the
point of weariness. I am only anxious
to be correct, and would rather repeat
than to be inaccurate.
Now, as to these colored Democrats,
so-called. They said nothing in the con
ferences mentioned that would lead any
body to believe that they were influenc
ed by fear or the exercise of foroe. But
when one of them falls into Republican
hands, and is assured that his name will
not be revealed, he tells a somewhat
different story than when among his
Democratic friends. He says he and
every other black man is at heart
a Republican, and that they can
never be any thing else. And that
they went into the Democratic par
ty “for shelter.” One of these used that
very term when speaking to a Republi
can. He said the party they loved as
men never loved a party, had shown it
self powerless to protect them in the
exercise of their privileges. Their Dem
ocratic fellow-citizens could and would
and did protect them. The Democrats
were amply able to carry out every
promise; the Republicans were not. The
Republicans promised everything and
did nothing. The Democrats carried
out their agreement. “When one of ua
belongs to a Democratic Club,” he said,
“we feel perfectly safe and secure. We
have friends on every hand; friends who
can do us good when there is any trouble.
There is nothing to oause hard feelings
between the races but politics. When
we go with the whites iu political mat
teas, all is peace and good will and har
mony, but when we stand out against
them then trouble begins. But vote as
we may, at heurt wo are Republicans.”
That is the manner of their talk when
away from the captivating presence of
their fellow Democrats.
That Hoard.
I was present this morning at the
meeting of the “Overturning Board,” as
the concern is affectionately called by
the Democrats. Presently it went into
secret session, and we picked up our
hats and left, hone were ullowed to
remain exoept the ten eminent Northern
citizens and the official reporter. That
is enough. If the Board can pull the
wool over tho eyes of such meu as Ly
man Trumbull, George W. Julian and
Governor Palmer, let them pull. Then
there is E. W. Stronghton and other
Republicans of National reputation on
the other side. The country is Bafe.
What such men cannot see is not worth
seeing,
The newspaper men are in a flurry of
worry. They feel that their constitu
tional rights are stepped upon on tender
spots. They talk about a star chamber
and their rights under the Constitution
(as amended, no doubt). They talk of
getting up a protest.
Individually, I shall not protest, nor
shall I abuse the Board for shutting
the doors. There are enough in there
to see fair play, and to report if there is
not fair play, and that is enough.
The one vacancy, which by rights be
longs to the Democrats, still Remains
unfilled. Mr. Wells said to-day that it
would not be filled. Therefore, the
Democrats have no representative on
the Board that is to settle a grave ques
tion between the parties. That is not
fair. But I think I know what the
trouble is. It is feared that the two
colored representatives might, for some
reason not necessary to discuss, act on
certain questions with the solitary
Democrat, and thus control the Board
against the voices of Anderson and
Wells.
There are wheels within wheels here,
and rings within rings, and complica
tions upon top of complications. In
haste. H. V. R.
THE SPEAKERSHIP.
Patriotic Letter from lion. 11. 11. Carlton De
clining to Bea Candidate, and Recommend
ing MLnJ. Baron.
Athens, Ga., November 28, 1876.
Editors Atlanta Constitution :
As many of my friends among the
members elect to the Legislature, as
well as many of my friends throughout
the State, have complimented me far be
yond my merits, by mentioning my name
in oonneclSon with the Speakership of
the next House of Representatives, and
having reoeived numerous letters urging
me to such a candidacy, permit me
through the columns of your valuable
and widely circulated journal to make
the proper acknowledgement of this
compliment.
It certainly would be doing violenoe
to my feelings were I to attempt to dis
guise from my friends my grateful ap
preciation and proud recognition of this
high testimonial of their confidence and
esteem. But in view of the faot that,
owing to the political troubles now up
on us, and which so seriously threaten
the very foundations of our Govern
ment, grave and responsible duties will
doubtless be developed upon the Legis
latures of the Southern States, making
the next session of our General Assem-
bly, perhaps, the most important ever
before convened in our State, there are
certain considerations due the body
with which I have been honored with
membership, as well as the people of
Georgia, to which I cannot prove indif
ferent. If my conjectures in regard to
the importance of the next session of
the Legislature should prove true, and
I believe the intelligent reflections of
the people of this oonntry will sustain
me in this view, then it is essential and
but in full accord with justice that the
Honse of Representatives should be
presided over by an officer fully eqnal
to the greatest necessities which might
obtain with Conscientious,
then, in thus viewing so important a po
sition as that of Speaker of the House
of Representatives, I am fully persuad
ed that it is but my plain and impera
tive dnty to decline in favor of a better
and abler candidate for that position.
In thus declining this proffered honor,
I furthermore deem it but dne to can
dor to say that, while I recognize in
other candidates for this position men
of marked ability, who doubtless would
reflect credit upon themselves and do
honor to the position of Speaker, and
while others may be presented of whom
the same might be said, still in the per
son of Hon. A. O. Bscod, of Bibb
county, we have a candidate who has
proven himself particularly, gifted as a
parliamentarian and now justly bears
the honor of being one of the best pre
siding officers that a Georgia Legisla
ture was ever favored with.
Thus believing, and even with an as
surance on the part of my friends as to
my successful candidacy, yet it could
bat be in a degree an act of injustice on
my part to ask the Legislature to aocept
in me a chance for the certainty of a
most excellent presiding officer m Major
Bacon. .. , ... ~
With this presentation, and with all
due deference to other candidates, I
must most respectfully decline in favor
of Major Bacon. Actuated solely from
an honest and conscientious conviction
as to what I consider to be my duty un
der the circumstances, I trust my course
will meet with the endorsement and ap
proval of my many friends, to whom I
again tender my most gratefnl acknowl
edgements for their most favorable and
complimentary consideration.
Respectfully, H. H. Carlton.
When Peter Cooper hears it suggest
ed that he may be counted in he grins
dear back to his ears.
- Bob Ignersoll still insists that there
is no God. Kellogg and Stearns seem
to be of the same opinion,