Newspaper Page Text
ornmmclg anti Sentinel.
WK DN ESDAY. DECEMBER 20, 1"6-
Thb Dean of the Sacred College-
Cardinal Bishop Const antis* Patbizi
is fatally ill, and has received extreme
unction. His death will foUow swift
upon the heels of Cardinal Antonbllm .
A Rkpcbbican elector from Missouri
is endeavoring to offset the Democratic
gain in Oregon by claiming the oertifi
cates of a Democrat on the ground that
the latter was a “ rebel ” and never had
his political disabilities removed. As
the “ rebel ” has the certificate there is
little fear of his displacement.
Grant is determined that we shall
have peace if he “has to fight for it. ’
The marine corps from the Unite-
Btates Steamship Michigan has been
ordered to Washington. General Grant
will see to it that Hayes is inaugnrated.
It is understood that the Northern Dem
ocrats will do the fighting on the other
side. The Southern Democrats will
watch the fun.
The Pacific Jiailroad swindle has
again come before Congress. Jat
Gould, Huntisoton A Cos. owe the Gov
ernment large sums of money, the pay
ment of which they are seeking to
evade. Both the Central’and Union Pa
cific Roads were liberally subsidized by
Government, and it is to be hoped that
they will be made to pay a just indebt
edness. <
The arbitrators in the Maryland and
Virginia boundary case have made up
their decision and empowered Judge
Black to reduce their views in writing.
Judge Black commenced the prepara
tion of the opinion on Saturday. It
will be extremely lengthy, going over
the whole ground of the dispute be
tween the States. Governor Jenkins,
of this city, was the arbitrator on the
part of Maryland.
The partial destruction of the town of
Blackville, South Carolina, by fire, is a
very distressing occurrence. The worst
reports have been confirmed. Twenty
stores and residences, including the
railroad depot, express and telegraph
offices, were burned. The fire was evi
ently the work of an incendiary.
Blackville was an enterprising and
thriving town and we wish it a speedy
recovery from this blow at it its prosper
ity. _
This is the schedule of salaries for the
ensuing year in Columbus : Mayor, SBOO.
Clerk of Council, SI,OOO and perqui
sites; Treasurer, $900; Marshal, $1,050
and uniform (required to keep ahorse
and feed him); City Physician, $400;
Wharfinger, $300; Clerk of Market and
Magazine, S3OO and perquisites; Hospi
tal Keeper, $175, and thirty-five cents a
day for board of patients; City Attorney,
$100; Overseer of Carts and Street
Hands, not to exceed $lO a week. How
is that for “high ?”
A Washington letter to the Spring
field Republican says that the Blaine
investigation must surely go on, and
that in the end Blaine will have to suc
oumb. The writer continues: “ His
chickens are coming home to roost,
rapidly, and just as soon as the ice is
once broken, the men who know him
will flock into the witness box from alf
quarters. He has come back to Wash
ington terribly worried, having failed iu
Boston to pledge Warren Fisher to si
lence. I look for nothing less than his
expulsion from the Senate and his de
feat in the Maine Legislature.”
Senator Sherman said in a speech de
livered in the Senate of the United
States, a few days ago, that two mem
bers of the Louisiana Returning Board,
one of them being ex-Governor Wells,
were as good men as any Senators upon
that floor, and that the decisions of that
Board were as much worthy of respect
as those of the Supreme Court of the
United States. Only a few years ago
General Sheridan, the “banditti” man,
removed this same ex-Governor Wells
from his office as Governor and declared
him to be an unmitigated scoundrel.
Writing to a lawyer friend in St.
Louis Charles O’Conor says: “The
Republio perished on the day that Mc-
Dowell moved on to Richmond.” And
of the President of the United States
he says : “The drunken Democrat whom
the Republicans dragged out of the
Galena gutter, besmeared with the blood
of his countrymen slain in Domestic
broil, and lifted to a high pedestal as
the Moloch of their worship rules, and
until a great change in sentiment shall
take place, must continue to rule over
the prostrate ruins of Washington’s
Republio.”
Georgia, with her 82,000 majority, is
the Democratic banner State of the
Union. And now, if President Tilden
is the true patriot and statesman we be
lieve him to be, if he is sensible to grat
itude and appreciates the compliment
paid him by our grand old Common
weaith; and, if he really desires to do
the one thing which above all others
will tend to restore confidence and
friendship between the sections, let him
call Alexander H. Stephens, the great
est and purest, as well as the wisest of
statesmen, to a seat in his Cabinet.— Mc-
JHtffie Journal.
Immigration to the United States
continues to decline, and it begins to
look as though it were near its end.
There was a falling off of 22,000 arrivals
for the year ending November 1, 1876,
the number of immigrants for that year
being 62,550 against 84,500 for the pre
ceding year. Estimating the value of
an average immigrant at SI,OOO, the
standard generally accepted in our com
mercial calculations, the pecuniary loss
involved iu this falling off is $22,000,000.
In 1872 the number of immigrants who
arrived on our shores was 294,581 a
number which appears enormous when
compared with the insignificant arrivals
of the last year.
Striped stockings are now used in the
perpetration of practical jokes, and can
be mao’.'* exceedingly serviceable if prop
erly manipulated. Great excitement
was caused among the persons who live
along the banks of the Genneesee river
in Rochester, N. Y., last Wednesday by
the discovery of what seemed to be two
human feet encased in striped stockings
floating along in the water, and seem
ingly belonging to a human body drift
ing along with the head downward. A
great crowd gathered on the bank and
followed the supposed body, attempting
to reach it with poles and ropes. At
last the stockings were seized as they
floated under a bridge, when it was
found that they had been filled with
sawdust by mischievous boys, who had
attached stones to the tops with strings,
ao as to keep the'feet upward, and then
tied the two together and set them adrift.
It is very noticeable that many of the
more influential newspapers are pro
phesying a general break-up in our po
litical system as one result of the pres
ent agitation. Thus we find the New
Turk Tribune speaking of the eleotoral
■system as practically dead already; and
the Journal of Commerce anticipates an
early disappearance of both the leading
political parties. The election, it says,
i*h as decided one matter with tolerable
certain, namely, that it is not at all
likely ti>t in ftu * fnture Preeld ential
contest the two parties now existing will
be arrayed agai>‘ one another Politi
cians nowin power niust look to new
constituencies. and Represen
tatives who hope for fflfctft' Public life
must shape their records no* for new
issues, new grounds of support,
of them who seek only office and hzve
no principles most now cease to act un
der party discipline, since in a brief
space they may find themselves without
a party behind them."
SAFETY AT FIRES.
It appear* that the whole number of
victims to the fire in Brooklyn theatre
amounts to no fewer than this* hundred.
Toe Hartford Time* thinks tLis fright
ful holocaust, unprecedented in modern
times, was quite unnecessary. A few
simple precautions, and, above all, cool
ness and "presence of mind, would have
averted it. A dying actor said he oould
have extinguished the fire, in the flies,
if there had been a bucket of water
handy. Scienoe will soon give us the
means of using carbonic acid, or some
other chemical sgent, with assured
safety and success, in the beginning of
every sQch fire. Meanwhile, among the
many expedients and devices that are
now recommended, none seem so practi
cally effective as the German method.
The arrangement in the German theatre
for lettiog down a great tripple sheet
iron curtain, that effectually shuts off
the whole stage from the auditorium,
prevents any draft or spread of fire, af
fords to the audience a long time to get
out even if the four firemen who are
waiting, behind the scenes, for such sd
emergency, should prove unable to ex
tinguish the flames on the stage. Usual
ly they would be able to stop the fire.
But, even in the worst event, the iron
curtain would add about twenty minutes
of assured safety to the now too brief
and perilous time permitted to an escap
ing audience struggling to get out of a
burning theatre. That twenty minutes
would be all-important, and save such
awful sacrifices of life as this at Brook
lyn. Probably the German plan will
have to be adopted in onr American
theatres. The sooner the better.
NOT OUR FUNERAL.
We are making a great outcry and
wasting a great deal of feeling, as if we
were really going to be worsted by the
complete execution of the imperial pro
gramme. We are positively conducting
ourselves as if a first and unprecedented
assault was beiDg made on onr political
liberties. We have gone stone blind to
the fact that in 1865 Governors, not of
our choosing, were given us by a Presi
dent of the United States, and he a
renegade Southerner. We have clean
forgotten that in 1867 the Federal Gov
ernment expelled our purest and best
citizen from the office of Governor, and
saddled us with a vulgar thief instead.
We are wringing our hands and shed
ding bitter tears, as if Liberty had just
died, instead of having been dead and
buried long ago. The frantio grief,
which was natural ten years ago, is alio
gether out of date now. vVe are like a
man who, having buried the beloved of
his heart and soul, and shed bitter
tears into her open grave and broken
his heart above its newly made
mound, and there bidden adieu to
what made life brightest and noblest,
and schooled himself through long
years to live without her, and had ac
quired the peace and serenity of resig
nation ; then, years afterwards, had
gone, like Danton, and grabbled up the
well settled grave, and embraced the
poor dead form with all the excesses of
anew and fresh bereavement. Let us
be more philosophical. Let us not, be
cause the events of the hour bring to
our memory in all its freshness the
death of onr dear mistress—let us not
act as if we were recently widowed. We
are accustomed to do without Liberty.
The despotism we have been used to, is
worse than that with which we are
threatened. The former is the despot
ism of the Northern masses, suppli men t
ed by their Southern negro allies—a
despotism, vulgar, coarse and brutal,
exalting dishonesty and ignorance and
depressing intelligence and virtue.—
The latter—well it cannot possibly be
worse, the chances are that it would be
better, though we oonfess we would pre
fer to have the new system launched with
a different sort of man at the helm. A
Caesar, Whd loves whisky and whisky
riDgs “not wisely but well,” is not an
imposing beginning of empire; but as
the choosing of masters is in order, give
us Grant with his tenderness for whisky
thieves and an occasional drnnk, rather
than the Republican North, besotted
with hyproorisy and hate.
The only thing that oughtto be able to
make us unhappy would be the reflec
tion that we were responsible for this
woful miscarriage of the last hope of the
world. But the people of the South are
in no way responsible. On the contrary,
for four weary years they fought to pre
serve constitutional government; and
when their weapons were stricken
from their hands, they stood incorrupti
bly aloof from the iniquity, which com
pleted its overthrow. The North is
directly accountable —the whole North.
The North, the whole North, Republi
cans and Democrats combining against
ns, overthrew our State governments first
by arms. Again the North, this second
time the Republicans alone, but including
then in their ranks thousands who now
oall themselves Democrats, and witness
with shame and dismay the conse
quences of their acts, overthrew onr
State governments and established tra
vesties of governments in their stead.
That the momentous issues of the hour
bang on the decisions of Boards num
bering less than a score of men, but ex
hibiting the villainy of a legion of devils,
ia no fault of the South, That this
thing is possible is because the best
blood of the South, freely poured out
to prevent it, was shed in vain ; because
our humiliation aroused no sympathy
for us among the people of the North ;
because the whole North, either actively
trampled upon us, when we were de
fenseless, or passively and with indiffer
ence witnessed our agony. Now that
suflering, with whioh they made us fa
miliar, comes to them, new and strange,
it concerns us not. To the people of the
North, who did this Devil’s work, we
leave the undoing of it. If they choose
to fight over it, we shall keep aloof from
the oontest. If civil war foroe us to
arm, it will be to preserve peace and or
der in our own borders, and to say
sternly to the contending factions :
“ Hands off; touch us not."
WAR TALK.
We don’t take much stock in the ap
prehension of a oivil war. The South
has had war enough, and will have no
more. Northern Democrats are by no,
means eager for the fray. But war ttHt
continues, and we find a very belligerent
special from Washington in the CbKrt
er-Joumal. The correspondent Bays
that the publication by Grant, pretend
ing to give an account of his interview
with Messrs. Hewitt and Randolph, is
well known to be essentially faise. He
'i 9 as eager and rampant fer war as
Boctwkll. Military preparations have
been going on for months. Some time
before the election, Gov. Habtranft, of
Pennsylvania, whose co-operation is
deemed specially important, was sum
moned here to oonsnlt in reference to
the military preparations for the coup
d'etat. He went home to organize Penn
sylvania. He now reports to the Presi
dent that he has sixty-four thousand in
fantry well armed and a proportionate
force of cavalry and artillery. It is
given out that all this preparation is to
inaugurate Hates, no matter what the
Honse may say or do; bnt there are
some indications that he may strike a
blow for himself. It has transpired al
ready that there i§ a considerable secret
organization in Washington of persons
who think the opportunity favorable for a
third term, and Republicans are being
sounded by the leaders of the plot to
ascertain if they are willing to go into
it .
At last night’s caucus a speech was
made by Speaker Randall, unusually
spirited and manly in tone. Mr. Ran
dall’s visit to Mr. Telden imparted a
special interest to hisremaks, and natur
ally created the impression that he
•j 2poke the sentiments of the President
elect, There is no question of the fact
that this g correct conclusion. Mr.
Tildun, in .tins trying emergency,
proves himself worthy of the support
given him by his countrymen. He is
no coward or trimmer. Having been
called by the people to this position of
high trust, he is ready to go to the
front. He says be has not long to live,
and is willing to accept the personal
risks of defending the coarse of the peo
ple, and that if they are stricken down
by a military despotism it shall not be
his fault. The letters that oome
from the North are numerous, and all
breathe the firmest spirit of resistance
to the oounting out fraud. One of these
is from Governor Blair, of Michigan,
who says the people of that State will
not allow themselves to be cheated.
REPUDIATION CHECKED.
The St. Lonis Republican says the
suit recently deoided by the United
States Supreme Court adversely to the
county of Callaway involved the valid
ity of $551,200 bonds issued to the
Louisiana and Missouri River Railroad
running from Louisiana tbrongh Fulton
to Cedar City, opposite Jefferson City.
The people claim that these bonds were
issued by the County Court in defiance
of their wishes, and at the instigation of
a small minority of persons living along
the route of the road who desired to
have it built for the improvement of
their lands. After the bonds were is
sued many of these very persons who
bad advocated the measure opposed the
payment of interest on them and be
came active in urging legal resistance.
If the people had taken legal steps to
prevent the issue of the bonds—if they
had guno into Court and asked that
their county authorities be enjoined
from printing and selling them, they
would have been successful in avoid
ing them. Bst they neglected
to do this. They relied on the
injustice of the proceeding of
their County Court te proteot them
from the consequences, and this, it
seems, was the weak point in their
cause; for the unvarying tenor of all
the Federal decisions in these bond
cases is that, when there is a valid law
antborizing County Courts to issue
bonds, the bonds in the hands of inno
cent purchasers must be held binding on
the people, even though the law was
violated and its conditions not complied
with in the issue. This is a very harsh
doctrine of law, in some of its bearings,
it must be admitted; still it has been re
peatedly declared by the United States
Circuit Courts and the State Courts and
affirmed by the United States Supreme
Court, and there is no choice but to
recognize it. The Callaway authorities,
with the approval of the people, refused
to pay interest on the bonds in question
and carried the suits from one Court to
another till they reached the fiual tribu
nal. They employed in their defense
the ablest legal talent at what mußt
have been a large cost—the fee charged
by Mr. Evartb for making the argument
in the Supreme Court at Washington,
alone, being SIO,OOO.
BUSINESS IN THE SOUTH.
Complaints of “hard times” and
“stagnant business” continue to come
to us from the commercial centres of the
North. The oanse assigned is the un
certainty of the political situation and
the fears of domestic strife. WbPP it
was first announced that Tilden had
been elected everything brightened up
in the commercial world. Jobbers re
ceived large orders for goods, manufac
turers began to experience a revival of
business, and there was general rejoic
ing over the commencement of a pros
perous business season. But when the
Republican plot began to be developed;
when it became evident that an attempt
was to be made to cheat the people of
their victory; that the electoral votes of
three States were to be stolen for the
defeated candidates; and it became evi
dent that the Northern Democracy con
templated resisting usurpation; then the
aspect of affairs changed at onoe and for
the worse. Orders were countermanded
and trade came to a stand still. It is
still stagnant, and the groans of the
business men are beard in the land. In
contradistinction to tLis we hear of no
serious complaints from the South.
Business is brisk here, and no one ap
prehends that serious danger will re
sult from present political complications.
Witness the following, taken from the
last issue of the Chronicle and Senti
nel’s weekly market report;
“ This has been another busy week in
" all branches of trade. The oity has
“been crowded with country people
“ and large sales have been made, both
“in a wholesale and retail way. One
“ retail grocery house alone took in fif
“ teen hundred dollars in cash last
“ Thursday. The streets were filled
“ with wagons Wednesday,Thursday and
“ Friday. Several merchants informed
“ us that there were more people on the
“ streets and more business done daring
“ the last four days than for any corres
“ ponding period sinoe the war. Every -
“ body seems to be in good spirits and
“hopeful of the future, Money is
“ plentiful and can be procured on good
“ terms on approved commercial paper
“at short dates, say thirty, sixty or
“ ninety days. Securities are somewhat
“ dull and there has been very little de
“ mand for any stocks or bonds.”
Augusta may be taken as a fair illus
tration of the whole South, 'fhe plant
ers—upon whose prosperity the welfare
of every interest must depend—are in a
better condition this year than they
have been in since the papio—perhaps
since the war. During the past season
they have relied upon themselves more
and upon others less than ever before.
They have raised large grain crops and
taken a considerable step towards sup
plying themselves with meat. The price
of cotton is low, but they have less of the
necessaries of life to bay — aQ d, conse
quently, have a good surplns on hand.
The ciedit system is rapidly being done
away with, and purchasers are more
cautious of their expenditures while
sellers are more certain of their receipts.
Trade in the South is good and promises
to remain so. Southern people have
little fear of war and are pursuing the
even tenor of the way undisturbed by
the gleam of plantom bayonets or the
noise of imaginary shot and shell.
minor topics.
“A gentleman ot this city,” meaning New
York, has been te’ling some tall stories to the
ajAr&i “I have been informed," said he, "by
jVormer member of Grant’s staff, that the
Kreeident told him recently that if Congress
Brought in articles of impeachment he would
that body up in Port reus Monroe; and
furthermore, that if any Northern Democratic
Governors took action or made a protest
against this coarse be would upset thim.”
The attitude of the Republican party, in its
howl about Oregon, is very much snob an atti
tude as a burglar would occupy if, after
-■cleaning out” a house, he should have his bat
snatched from his head by the householder
and should turn around nd denounce the lat
ter for the illegality of the proceeding. For a
party with nineteen stolen electoral votes on
its person to talk about fraud and illegality
is reapaot to a single vote is impudent in the
extreme.
.•WE ALL DO FADIE AJS A. LEAF.”
Falling all around.
Floods of wondrous glory,
Sil.nt as the snow flakes,
Breathing each a story ;
Like a shower of sunbeams
In the autumn mellow,
Fall the leaves of orimson,
Basset, brown end yellow.
Sobbing out low music,
When the wind is sighing.
At the thought so mournful
That the year is dying ;
E’en the leaves are fading;
With the thought comes sad nasi,
Ah I my spirit longs
For that land of gladness.
For the golden pavement ;
For the flowers immortal;
Fain my feet would press
Toward the pearly portal,
Falling all around.
Floods of wondrou’ glory.
All things here must fade—
This the leaflet's story.
Those who “grope,” sometimes gropo
wilfully. A man, who feels around just
before daybreak for the kindling wood
and finally crams his wife’s hoopskirt
into the stove will not, when she comes
to dress herself, be able to protect his
skull by any argument of “mistaken
identity.”— Brooklyn Argus.
PALMETTO AND CYPRESS.
HAHPTU N’B 1 NAU UUK A L
WHEATH.
Wade Hampton Inaaffurated Betare the
Uncovered Heads of Thousands— Brave
and Patriotic Seatiarents—’The Part;, the
Pledged and the Common wealth'* Honor
—The Dawn ot a Brighter Day.
[Special Dispatch to (he Chronicle and Sentinel. J
Columbia, S. C., December 14. Gov
ernor Hampton was inaugurated to-day,
at 3 o’clock, amid the joyous shouts of
the people. After the inauguration the
people bore him on their shoulders up
Main street to the Wheeler House,
where several distinguished citizens and
strangers spoke. The wildest enthus
iasm exists among the people, whioh has
not subsided yet. The action of the
Congressional committee to-day were
unimportant. The Major.
Columbia, December 14. ihe Sena
torial Committee arrived to-night,
bringing six attached, among whom is
Red path, the bloody shirt correspond
ent. Thr Major.
Columbia, December 14.—The inau
gural of General Hampton took place in
freat of Carolina Hall this afternoon.
The square in front of the Hall was
densely packed by persons of both races,
and the house tops we e covered with
spectators. At 3:30 Hampton was es
corted to the stand amid demonstrations
of great enthusiasm. Members of the
General Assembly occupied the space
immediately surrounding the stand, with
the crowd in the rear. General Hamp
ton then read his inaugnral address, of
which the following iB an extract:
Gentlemen of the Senate and House of
Representatives:
It is with feelings of the profonndest
solicitude that I assume the arduous
duties and grave responsibilities of tke
high position to which the people of
South Carolina have called me. It is
amid events unprecedented in this Re
publio that I take the chair as Chief
Magistrate of this State. In a time of
profound peace, when no legal officer had
been resisted in the proper discharge of
his functions, we have witnessed a
spectacle abhorrent to every patriotic
heart and fatal to republican institntions,
Federal troops used to promote the suc
cess of a political party. Undismayed,
though shocked by this gross violation
of the Constitution and of the Court,
our people, with a determination that
no force could subdue, no fraud could
defeat, kept steadily and peacefully in
the path of duty, resolved to assert
their rights as American freeman at the
ballot box, that great court of fiual re
sort before which must be tried the
grave questions of the supremacy of the
Constitution and the stability of our
institutions. What the verdict of the
people of South Carolina has been you
need not be told. It has reverberated
throughout the State, and its echo has
come back to us from every land where
liberty is venerated, declaring in tones
that cannot be mistaken, that, standing
on the Constitution of our country, we
propose to obey its laws, to pre
serve as far as in us lies its peace
and honor, and to oarry out iu
good faith every pledge made by her
for reform ard honest government. We
intend to prove to the world the sinceri
ty of our declaration that the scle mo
tive whioh inspired the grand contest
we have so successfully made was not
the paltry ambition for party suprema
cy, but the sacred hope of redeeming
our State. But it was sought to wrest
the fruits of this victory by a gigantic
fraud and a base conspiracy. When the
members elect of the General Assembly
repaired to the Capitol to take their
seats, armed soldiers of the Federal
Government confronted them and their
certificates of election were examined
and passed upon by a corporal of the
guard. It was amidst these appalling
scenes that the members of the General
Assembly were called on to assume their
duties as the representatives of a free
State, and that State one of the organiz
ed thirteen who won our independence
and framed our Constitution, debarred
the free exercise of their rights by the
Kince of an armed foroe. A
quorum of the Lower House,
alter plaoing on record the protest,
quietly withdrew from the Capitol and
proceeded to organize that branch of
the General Assembly. You have seen
a minority of the House usurp the whole
body ; you have seen the majority ex
pelled from their hall by threats of
force ; you have seen persons having no
shadow of a claim as members admitted
to seats as representatives by the votes
of men who themseives were acting in
direct violation of the constitution ; and
yon have seen the last crowning act of
infamy, by which a candidate for the
office of Governor, defeated by the
popular vote, had himself declared
elected by his co-conspirators. It is
due to my position, as the Chief Magis
trate of the Commonwealth, to place on
record my solemn and indignant protest
against those acts, which I consider as
subversive of eivil liberty and de
structive of our form of government. A
great task is before the Conservative
party of this State. They entered on
this contest with a platform so broad,
so strong, so liberal that every honest
citizen oould stand upon it. They recog
nized and accepted the amendments of
the Constitution in good faith, they
pledged themselves to work reform and
to establish good government, they
promised to keep np an efficient system
of pubjio education, and they declared
solemnly that all citizens of South Caro
lina, of both races and of both parties
should be regarded as equals in the eye
of the law, all to be folly protected in
the enjoyment of every political right
now possessed by them. To the faith
ful observance of these pledges we stand
committed, and I, as the representative
of the Conservative party, hold myself
bound by every dictate of honor and of
good faith to use every effort to have
the pledges redeemed fully and honest
ly, Let us show to all of them that the
true interest of both races can best be
secured by cultivating peace and pro
moting prosperity among all classes
of our fellow-citizens. I rely con
fidently on the support of the mem
bers of tfie General Assembly in
my efforts tp attain tfiese laudable ends,
and I trust that all branches of the
government will unite cordially in this
patriotic work. If so united and work
ing with resolute will and earnest deter
mination, we may hope soon to see the
dawn of a brighter day for our State.
God, iu His infinite mercy, grant that it
may come speedily, and may He shower
the richest blessings of peace and hap
piness on our whole people.
At the close of the address the oath of
office was administered by Trial Justice
Marshal, Hampton as Governor and to
W, D. Simpson as Ljeiitenant-Governor,
the crowd standing uncovered while the
oeremony was being performed, The
chair in which General Hampton was
seated was then wrapped in the na
tional colors, and he was borne on the
shoulders of a dozen men to his hotel,
esoorted by the entire crowd. Several
prominent gentlemen addressed the mul
titude from the front of the hotel. The
Congressional Committee occupied a
proponent ppsition on one of the balco
nies After tfie speaking the crowd
quietly dispersed.
THE LOCATION OF IMMIGRANTS.
Valuable Bu**etlons far the Convention—
No. 2.
Editors Chronicle and Sentinel:
Several artiples have been published
upon the importance of inducing Eu
ropean emigrants to come to the State
of Georgia to develop its horticultural
and agricultural resources, but none of
these articles have given any informa
tion about those resources, and what
nationality of immigrants will be the
best for the different sections of the
State. The products not being the
same all over theoountry, the immigrant
must also locate according to their pro
ductive capacities ; that is to say, the
horticnlteurs, for the production of
fruits and the vegetable gardener,
should be located as near as possible
near cities large enough to offer a mar
ket for their produce; as for the farmers
proper, if they are located near a navi
gable river or railroad it will do. The
immigrant must be acquainted with the
cultivation and proper care required to
bring to perfection the produce of the
locality where he is located. The lower
part of Georgia, whioh has a climate
nearly similar to that of Southern Eu
rope, will suit the immigrants from the
Southern part of France, Italy and
Bpain. These people are nsed to a hot
climate, and in their new home they
will be enabled to cultivate, as in their
native country, the orange, lemon, fig,
olive and the mulberry tree for the rais
ing of the silk worm and the production
of silk. Central Georgia will suit the
immigrants from Certral Europe, such
as those from Burgundy, Loraine, Alsace
aud Central Germany. Besides being
good farmers, the inhabitants of these
countries are skilled in the cultivation
of grape vine and the manufacture of
winess- The upper part of Georgia will
suit the immigrants from the northern
part of Europe, such as those from Ire
land, England, Scotland, Denmark.
Sweden and Norway. All of these are
good farmers also, but they do not know
anything about the cultivation of the
grape vinees,which are not cultivated on
the European Continent above the fifth
degree, but they will soon learn from
their neighbors,
To bring to Georgia these immigrants
it will require three steamship lines—
one from Marseilles, touching at several
Italian and Spanish seaports; one from
Havre, and one from Liverpool, Bremen
or Hamburg.
Organisation of n Georf’n State Immigrant
Society.
The State should be divided into sec
tions, l to-wit: Lower Georgia, Middle
Georgia and Upper Georgia. Three
large depots are needed—one in Savan
nah oue in Augusta and one in Atlanta
—for the reception and distribution of
the immigrants among the brunches es
tablished in all the cities willing to sub
scribe to the stock of the society. At
the three large depots, as well as at the
branches, there should be a bureau for
the reception of the subscription in
money and land, with aboard of apprais
ers to fix at what price the society will
accept the land. The local men being
the most competent in that matter, a re
port should be made semi-monthly to
the bureau of the distribution of the
section to which the branohes belong.
This report will state the amount
subscribed in money, the number
of acres of land subscribed, the
value of the land and improvements,
if any. The subscriber will have the
land surveyed at his own expense, fur
nish two maps, with a description of the
sam—eone map to be retained at the
branch, the other sent to the bureau of
distribution. By that means the bu
reau will be enabled to distribute the
immigrants among the branches accord
ing to the amount subscribed by each.
Upon the arrival of the immigrants in
Savannah, the bureau will retain all the
emigrants from the south of Europe,
forward all those from the central part
of Europe to Augusta, and that from
the northern part tb Atlanta. By this
means the emigrants will not be crowd
ed in any place and conld be located
with dispatch. The locating of the im
migrants is the pext difficult part of the
enterprise to accomplish. I here is
many more details to be attended to;
when the machinery is put in motion it
will be more easily seen what is needed
to be done. F. A. Mauge.
Augusta, February 10th, 1873.
A DISPATCH TO THE TRIBUNE FROM
SENATOR GORDON.
An Eloquent Statement of the Democratic
Side of the Sooth Carolina Controversy.
To the Editor of the Tribune :
Sib— l thank you for permission to an
swer Gov. Chamberlain’s communica
tion of the 4th inst. to the Tribune, in
which he refers to myself. How “exact
and faithful" are Gov. Chamberlain’s
statements will appear below. I take
bis dispatch in detail :
First. Our complaint is not so much
against the direct action of army offioers
as against the placing of the army un
der the control of Governor Chamber
lain, a candidate, and of Dennis, his
confederate.
Second. His “faithful statement” that
the Democrats intended forcibly to pos
sess and hold the hall on the night be
fore the Legislature met, is absolutely
groundless. The truth is, they had full
possession in caucus, and adjourned at
nine or ten o’clock that night, leaving no
Democrat in or about the State House.
Gov. Chamberlain’s United States troops
took possession in two or three hours
after the Democrats adjourned.
Third. His “faithful statement” that
he had not a State force to carry out his
programme, is a most suggestive ac
knowledgment in the face of the follow
ing truths : He has had all Republican
Judges, every one in the State, elected
by the Republican Legislature. His
Legislature had refused to provide, as
the Constitution requires, for the elec
tion of justices of the peaoe by the peo
ple, and given him power to appoint
trial justices from his own partisans in
stead, every one of whom he has ap
pointed in every district in the State.
He claims twenty thousand majority of
Republicans in the State. He has, in
the entire militia, not a white militia
company ill the State. Even the rifle
olubs were all disbanded. He had, by
law, control of the police of every city.
He had by law the State constabulary,
with unlimited power to appoint as as
sistants and arm every Republican and
every Democrat in the State. At the
very time he dated his dispatch the con
stabulary was in the State House with
United States troops, and is now in the
State House admitting whom and re
fusing whom it pleases. With all this
force Governor Chamberlain cannot
keep the peaoe. Governor Hampton can
do so with no force except the civil tri
bunals, and public opinion.
Fourth. Mr. Chamberlain’s “faithful
statement” that no person holding the
certificate of the Secretary of State was
at any time refused admission to the
State House or hall will be properly ap
preciated when it is known that, in com
pany with Jeffries and Peak, members
from Union county holding said certifi
cates, I stood by and heard the corporal
of the guard refuse and state that no
man oould enter without a pass from
Dennis or Jones, holding no official po
sition. Japes L. Orr, B. F. Sloan and
J. S. Verner, who held certificates from
the Secretary of State, applied td the
guard at the door for admittance. The
corporal asked what they wanted. They
replied, “We are members of the Leg
islatuie and want to go to the hall.” He
immddiatafy replied, “You can’t oome
in,” and slammed the door in their
faces. When the first Democratic mem
ber suoceeied in entering the hall he
found the House without a quorum,
already organized, and Mackey iu the
Chair. These facts will be established
by sworn statements of members and of
as good men as are in the Union.
Fifth. As to the power of Jones, the
former clerk, to exclude whom he pleas
ed, and as to the duty of the military to
enforce his orders, it is sufficient to say
that such a rule applied to all the States
would make voting useless, and govern
ment by the people a mockery.
Sixth. Governor Chamberlain appeals
to Courts and lawyers to sustain his ex
traordinary assertions that the members
from Edgefield and Laurens counties
had no valid certificates. If he will re
fer to the of his own Supreme
( ourt, both as recently deolared in its
judgment as to the constitutionality of
the Wallace House and former judg
ment in 1874 as to the sufficiency of
county canvassers returns,“ when the
State Board refuses to perform its duty,
he will be estopped from further appeal.
These Edgefield members had not only
the certified judgment of the Court but
the county canvassers’ returns, which
the Court nearly three years ago declar
ed sufficient. Even thejSnpreme Court
of the United States feels itself bound
by the decisions of the State Supreme
Court in all matters of construction of
the State laws. In the case of Leffin
well against Warren, December term,
1862, the United States Supreme Court
says: “The construction given to a
statute by the highest judicial tribunal
of such State is regarded as a part of
the statute, and is as binding upon the
Courts of the United States as the text.
If the highest judicial tribunal of a
State adopt new views as £o the proper
construction of suoh statute and reverses
its farmer decisions, this Court will fol
low the latest settled adjudication.” It
is difficult to conceive of language
stronger or more pointed. The Supreme
Court of South Carolina, I think, stands
exceptionally well . with the United
States Supreme Court, none of its de
cisions, I believe, ever having been re
versed upon appeal to the latter Court.
But, binding as are the decisions of
the Court upon even the Supreme Court
of the United States, upon questions in
volved in the controversy, they are not
considered by Governor Qhamberiain as
binding upon him or his co-conspirators.
Governor Chamberlain's idea of a quo
rum of the House is the essence of ab
surdity if tfip plain declarations of the
State Constitution and the uniform de
cisions of Cour'.s are of any consequence;
and his employment of force to make
his own edict superior to these would be
treason in any State where the Constitu
tion and Courts availed against the law
less purpose of a conclave of citizens.
Art. 11, sec. 4, of the State Constitution
says: “The House of Representatives
shall consist of 124 members.” Sec 14
says: “A majority of each House shall
constitute a quorum.” The Supreme
Court, in deciding that the Wallace
House had a constitutional quorum, say
this is no new question. But the same
Court decided that a majority of 124
members constituted a quorum in a
former case, and not a majority of 116,
as decided by Governor Chamberlain.
This decision was given in a case not
political, and when the Court and Gov
ernor Chamberlain were in accord.—
What injustice, therefore, to pretend
the Court was biased iu its judgment!
In the present case Gov. Chamberlain
was defeated by the fair, legal vote of
the people, counted in by a House which
had not legal existence, sworn in by a
Court officer whose term of office had
expired and in defiance of an ordinance
which positively requires the oath to be
administered by the Chief Justioe or
Associate Justice of the Supreme Court,
and he commands the army to support
this pretense and fraud of a title. It is
not surprising that he objects to dis
patches whioh acquaint the American
people with the subversion of oivil gov
ernment by the army nnder his orders.
When Courts are defied and representa
tives convene and receive orders from
the Brigadier-General commanding both
army and the Legislature, and the peo
ple of the North approve it, all we can
say is that Republican Government is a
failure. In South Carolina not only its
substance is gone, but civil liberty is de
nied even decent burial under the forms
of civil law. Such are the facts which
the people of the United States must
face in 1876. J. B. Gordon.
Columbia, S. 0., December 10, 1876.
How many children die from Croup,
Diptherie, etc. This new principle—
Dr. J. H. McLean’s Cough and Lung
Healing Globules, will cure Croup and
Throat diseases, Consumption, Cough
ing, Hoarseness, etc. Trial boxes 25
cents, by mail. Dr. J. H. McLean’s
Chestnut street, Philadelphia,
STATE SUPREME COURT.
DECISIONS RENDERED DECEM
BER 12, 1876.
[Atlanta Constitution.\
Ordinary of Floyd county, for use, vs.
Smith, et al. Debt, from Floyd.
Wabneb, C. J.
This was au action brought by the
plaintiff against the defendants on a
guardian’s bond, alleging, as a breach
thereof, the mismanagement of the
ward’s estate by the guardian, who was
appointed in December, 1858. The de
fendants pleaded the statute of limita
tions of- 1869 in bar of the plaintiff’s
right to recover. The plaintiff insisted
that she was not barred, because the de
fendant, as her guardian, had acted
fraudulently and corruptly in the man
agement of her estate, entrusted to him
as her guardian ; that he deceived her
by telling her, in 1865, that he had in
vested $1,600,000 cf her money in his
hands in Confederate bonds, when such
investment was never made, and that
she did not discover such deception un
til the year 1873. On the trial of the
oase, the jury, under the charge of the
Court, found a verdiot.in favor of the
defendants. The plaintiff made a mo
tion for anew trial on the various
grounds therein stated, which was over
ruled by the Court, and the plaintiff ex
cepted.
The main question in the oase was
whether the plaintiff’s right to recover
was bound by the act of 1869. The
plaintiff's right of action was clearly
bound by that act, unless the evidence
showed that the defendant had acted
fraudulently and corruptly in the man
agement of the trust estate in his hands.
That question was fairly submitted to
the jury under the charge of the Court,
and they found a verdict in favor of
the defendant. The question of fraud
or no fraud, on the part of the defendant,
in the management of the trust estate
as guardian, was a question for the jury
under the evidence, and they having
found that issue in favor of the defend-'
ant, we will not interfere to disturb
their verdict, the more especially as
the presiding Judge, before whom the
case as tried, was satisfied with it.—
Let the judgment of the Court below be
affirmed.
Walker vs. Miller, administrator, et
al. Ejectment, from Bartow.
Wabneb, O. J.
This was an action of ejectment
brought by the plaintiff against the de
fendants to recover the possession of a
lot of land in Cass county formerly, now
Bartow county, on the trial of which the
jury found a verdiot for the defendants.
A motion was made for anew trial on
the several grounds therein stated,
which motion was sustained by the
Court and anew trial granted on the
grounds set forth in said motion, where
upon the defendants excepted. This is
the fourth time this case has been be
fore this Court, and according to the
rulings heretofore had in it here and in
view of the alleged errors committed on
the last trial of it in the Court below and
that Court having properly corrected its
own errors by granting anew trial in
the case, we affirm that judgment.—
Judgment affirmed.
Foster vs. Jackson & Clayton. Com
plaint, from Bartow.
Wabneb, C. J.
This was an action brought by the
plaintiffs against the defendant on two
promissory notes. At the trial of the
case the defendant withdrew her plea,
and there being no issuable defense
filed on oath, the Court awarded judg
ment against the defendant for the sum
of $962 50 principal, and $167 for inter
est, to the awarding of which judgment
the defendant excepted, on the ground
that the Court erred ih awarding a
judgment for more than S2O without the
intervention of a jury, and the case was
brought up to this Court for review on
a writ of error. When the case was
called here, there was no appearanoe for
the plaintiff in error, but the defendant
in error made a motion to open the
record, and prayed for an affirmance of
the judgment, and also claimed dam
ages for delay in bringing the case to
this Court. There was no error in
awarding the judgment in this case by
the Court below without the interven
tion of a jury. Article 7th of the amend
ments to the Constitution of the United
States- relates only to trials in the
Courts of the United States, and not to
the trial of cases in the State Courts, as
has been repeatedly deoided by the Su
preme Court of the United States. 18th
Howard’s Bep, 280; 21st Wallace Rep.
657, and other oases. We therefore
affirm the judgment of the Court below.
Judgment affirmed.
Mendleson vs. Pool. Rule, from Rich
. mond.
Wabneb, C. J.
This case came before the Court be
low on a rule against the sheriff to dis
tribute money, on the following state
ment of facts: That Sbadrack S. Pardue,
as trustee for Mary S. Pardue and chil
dren, sued out an attachment against J,
M. Pool for the sum of $2,840 68, which
was levied by serving a summons of
garnishment on Heard & Cos., as gar
nishees of Pool. In June, 1870, the plain
tiff in attachment obtained judgment
against Pool for the aforesaid sum of
money for trust property which he had
converted. The money in the sheriff’s
hands was raised from the garnishees as
the property of Pool. Mendleson
placed three Justices’ Court Ji. fas.
in the sheriff’s hands, issued on
judgments obtained against Pool in
December, claimed that the
money due be paid out
of the sheriff’s hands,
raised froi rty cf Pool. The
Court the sheriff's
upon
t o
trustee. * *. iiS' ami except
the
uttae JL- y. Ayifg j’ ?¥! Pardue,
!. oi.mi’UV IK7O.
ji ft:, I!iSUt jammed
in in
entitled
meut. out of the aljg&SHph
was raised by virtue |l| Tv
the
hands of the > -
have been distributed as ,j'’i
his judgment creditors ’4/.,
priorities now established
3545 Let the judgment
below bo reversed. Vfl
Harris cs. Henson.
from City Court of -
Wabner, C. J.
This case came before the CoiHH
low on a writ of habeas corpus,
titioner therefor alleging that he
legally detained in the custody of
keeper of the common jail of RichmtlH
county. Qn the return of the writ t9H
jailer produced the body of the pet®
tioner, Byrd Harris, and showed asl
cause for his imprisonment and deten
tion a bail writ and process in an action
of trover for the recovery of personal
property, sued out by the plaintiff there
in against the said Harris, under the pro
visions of the 3418th, 3419th and 3420th
sections of the Code, and which had
been duly served. On the hearing of
the motion for the discharge of the
petitioner, he offered to prove his in
ability to produce the articles of person
al property for which the action of
trover was brought, which the Court
refused to allow him to do, and re
manded the petitioner to jail. Where
upon the petitioner excepted. The
Constitution of 1868 declares that
“there shall be no imprisonment for
debt.” By the law of this State the
owner of personalty is entitled to
the possession thereof, and any depri
va ion of such a'possession is a tort, for
which an action lies. Code, $,026. The
object of the act of 182) (the provisions
of which are substantially embodied in
the Code), as declared by the preamble
thereto, was the more effectually to
quiet and protect the possession of per
sonal property, and to prevent the taking
possession thereof by frand or violence.
Cobb’s Dig., 481. The bill required in
actions of trover for the recovery of per
sonal property, under the provision of
that statute and the proceeding author
ized by it, cannot in any legal sense be
considered as an imprisonment for debt.
If one man obtains the possession of
the personal property of another by
frand or violence, or haviDg possession
of it, and there is reason to apprehend
that it will be eloigned, or moved away,
or will not be forthcoming to answer the
judgment that may be made in the ease,
there would seem to be no good reason
why he should not be proceeded against,
and be required to comply with the
the terms of the statute made and pro
vided for such cases, and if the de
fendant should be imprisoned in ac
cordance with the terms of the statute,
on his failure to oomply therewith, he
cannot be said to have been imprisoned
for debt. The theory of the statute is
to prevent the taking possession of per
sonal property by frand or violence, and
thereby prevent the true owner thereof
from recovering it, and also to prevent
a breach of the peace in attempting to
do so, by requiring the defendant to en
ter into a recognizance, with security,
for the forthcoming of the property to
answer the judgment in the case, and if
the defendant fails to give such security,
then it is made the duty of the sheriff;
or other lawful officer, to seize the prop
erty and deliver it over to the plaintiff,
upon his entering into like recognizance,
with security, and if the property is not
to be found, and cannot be found, and
cannot be seized by tbe sheriff, or other
lawful officer, the defendant shall be
committed to jail to be kept in safe and
close custody, until the said personal
property shall be produced, or until be
shall enter into bond, with good securi
ty,for the eventual condemnation money.
In the case now before us, the defend
ant failed to enter into a recognizance,
with security, for the forthcoming of
the property, as required by the statute,
and the property sued for was not to be
found, so that it could be seized by the
sheriff and delivered over to the plain
tiff, and the sheriff, in obedience to
the express mat. date of the statute, com
mitted the defendant to jail, where
the statute declares that he shall be
kept in safe and close custody until the
personal property sued for shall be pro
duced, or until be shall enter into boDd,
with good security, for the eventual con
demnation money. The defendant not
having produced the property, nor of
fered to enter into bond, with good se
curity, for the eventual condemnation
money, the Court remanded the defend
ant to jail. The defendant offered to
prove at the hearing his inability to pro
duce the property sued for, and the
question is, if he had been allowed to
do so by the Court, whether proof of
that fact would have authorized his dis
charge, in view of the provisions of the
statute ? The inability of the defend
ant to produce tbe property is not made
by the statute one of the grounds for
the defendant’s discharge ; he may have
sold the property and put the money in
his pocket, and thus have placed it out
of his power to produce it. The pro
duction of the property, or entering
into bond, with good security, for the
eventual condemnation money, are the
only terms prescribed by the statute
upon which the Court was authorized to
discharge the defendant from custody.
It is not the business of tbe Courts to
make the law, but to enforce the law as
it, is prescribed by the supreme power of
the State, which, in our judgment, the
Court below has done in this case. The
4,023d section of the Code declares that
no person shall be discharged, upon the
hearing of a writ of habeas corpus,
when it appears that the detention is au
thorized bylaw. Let the judgment of
the Court below be affirmed.
Goldsmith vs. Coleman, administratrix.
Complaint, from Bartow.
Bleckley, J.
1. Though a widow be the sole dis
tributee of her intestate husband’s es
tate, and though the whole estate be
subject to be set apart to her for year’s
support, she has no legal authority,
before it is so set apart and before ad
ministration is granted, to deliver per
sonal property of the estate to a creditor
of the deceased husband in payment of
his debt, even if the debt be in part for
the purchase money of the same prop
erty. 2. When, soon after thus dispos
ing of the property, the widow obtains
letters of administration, she may, as
administratrix, recover the property or
its value from the creditor, in an action
of trover or complaint, if the creditor,
on demand, refuse to surrender it for
due administration. She is not estopped,
as administratrix, by the prior unlawful
sale made by her as an individual. 3
Kelly 263 ; 10 Ga. 361; 4 East 441; 1
Adolphus and Ellis 49. Judgment af
firmed.
Dortic vs. Lockwood. Equity, rrom
Richmond.
Bleckley, J.
Where an equity cause is tried irreg
ularly and imperfectly, and the result is
not satisfactory to the presiding Judge,
his judgment granting anew trial will
not be reversed by the Supreme Court.
Judgment affirmed.
Johnson vs. The Dalton City Company.
Equity, from Whitfield.
Bleckley, J.
1. Where the note sued upon contains
no negotiable words, and is not endors
ed or assigned by the payee, and the
payee is not a party before the Court,
the title is involved as a part of the
plaintiff’s or complainant’s case, no mat
ter whether the defendant has a defense
or not. 2. Section 2789 of the Code
treats of notes in the, hands of holders
who are apparently regular holders ac
cording to the words of the instrument
or some endorsement or assignment
thereof, and does not signify that a
stranger to a contract which is not pay
able to bearer, and not endorsed or as
signed, may enforce it by reason of mere
possession of the writing. 3. Where
tke complainant seeks to collect
a note not negotiable, and not en
dorsed or assigned, and which has
been paid or partly paid by the maker
to the payee, and where the right to
collect, notwithstanding such payment,
is claimed to arise out of a special con
tract for a valuable consideration, the
effect of which is to estop the maker
from setting up payment as against the
complainant, such special contract,to be
available, must be alleged in the bill
and proved as alleged. 4. The dootrine
of estoppel by admissions is not appli
cable to tho fuct of this case. Judgment
reversed.
Harral vs. Wright and Jessup, execu
tors. Assumpsit, from Richmond.
Bleckley, J.
1. If a tenant in common, after tor
tiously repudiating his co tenant, re
sumes the relation before the bar of the
statute has intervened, and then repudi
ates him again, the latter breach of the
relation will be a cause of action. And
the like rale prevails between bailee and
bailor. 2. Where the action is sssump
sit for the value of goods converted by
a tenant in common or by a bailee, the
cause of action is to be considered ub
having accrued when the defendant final
ly ceased to hold epusistiy with, or in
subordination to the plaintiff’s title,
and the plaintiff became aware of it.
This time should be ascertained by the
jury from all the evidence before them,
and not fixed hy regarding only a sin
gle letter, order, or other document, and
the matters specially connected there
with. 3. The law of prescription is not
applicable to an action of assumpsit.—
4. Where a tenent in common, having
possession of the joint property, makes
an entry in a book indicating that he no
longer holds for his co-tenant, such
entry is admissible in his favor, on a
plea that the statute of limitations, if
notice of it be brought home to the co
venant ; but without such notice it is
uiot admissible. 5. Notice of an entry
Fin the books of a dissolved copartner
ship of which both tenents were former
ly members, is not notice of a like entry
Ea some other book. Judgment re-
Summerville Plank Road Cos. vs.
FThe Deutscher Schuetzen Club. Ccr
mktiorari, from Richmond.
Bleckley, J.
■■ The law does not provide for the
of damages to be paid by
persons as a condition precedent
lening a public road. When tho
BBseeditigs are had, which are provided
Keenly the county or the owner of the
land can complain of the verdiot by writ
of certiorari. Code, §645. The writ is
sues to the Justice of the Peace who
presided at the assessment and not to the
County Judge or the Ordinary. 2.
When the owner of the land and certain
persons who petitioned for the road con
sented to refer to the County Judge the
legal effect of the verdiot for damages,
it was a mere private arrangement, and
the Superior Court could not, on cer
tiorari, at the instance of the petition
ers for the road, reverse the action of
the County Judge, and order the road
opened without the payment of any
damages. Judgment reversed.
The Memphis Branch R._ R. Cos. vs. Sul
livan. ; nit for assessment on stock
subscribed, from Floyd.
Jackson, J.
1. A subscriber to shares in a corpo
ration contracts with reference to the
charter; and the number of shares to be
subscribed, or the whole capital stock
necessary to do the contemplated busi
ness, constitutes an important element
in the contract. A man might agree to
make one of ten to raise one thousand
dollars, and still might refuse to be one
of ten to raise five hundred. The latter
sum might, in his judgment, be wholly
inadequate to accomplish the purpose of
his subscription, and to snbsoribe in
such a case would be to throw away his
money. 2. If the earn fixed by the
charter had been subscribed, and yet
subscriptions had been released so as to
reduce the capital largely and materially
without the consent of the subscriber,
the effect wonld be the same as if the
stock released had never been subscribed.
A mere nominal subscription, to fulfill
the letter and break tbe spirit of the
contract, is no substantial compliance
with tbe charter, and when released
because it was nominal, it becomes
equivalent to no subscription ab initio.
3. Whether an amendment to a charter
be material or not is a question of law
for the Court, and should not be left to
the jury; but when its evident
purpose is to legalize previous illegal
proceedings, and its effect is to reduce
the capital stock at the option of the
oorporation, and the verdict is in favor
of the party asserting its materiality,
this Court will not interfere, 4. If a ;
subscriber acquiesce in the progress of ,
the work by payment of his snbscnp-,
tions, assessessed or otherwise, he can-1
not afterwards object either to the fail-.
nre originally to get subscribers to the
whole stock or to a material amendment
of the charter; bat the fact that he I
merely pays his assessments to have the |
route surveyed, is not sufficient to show
such acquiesence; and where the ques
tion of acquiesence bus been fairly sub
mitted to the jury and has been passed
upon by them, with evidence enough to
sustain the verdict, this Court will not
interfere. This latter fact distinguishes
this oase from the case of May vs. The
Memphis Branch Railroad Company.
48 Ga. 109. See 6 Pick. 32; 10 Pick. 142;
45 Maine, 524; 1 Redfield on Railways
176, et seg, and cases cited. Judgment
affirmed.
Tbe Memphis Branoh Railroad Com
pany vs. Omberg. Suit for assess
ment on stock subscribed, from Floyd.
Jackson, J.
This oase is stronger for defendant in
error than the case of the Memphis
Branch Railroad Company vs. Sullivan,
just decided and is controlled by it.
Judgment affirmed.
The East Tennessee, Virginia and Geor
gia Railroad Company vs. Hiram Cox
and wife. Case, from Whitfield.
Jackson, J.
Section 2960th of the Code which pre
scribes that the husband may recover
for torts committed on tbe wife does not
repeal tbe common law rule of pleading
that the wife should be joined in the
action. In such suits the husband may
join his wife. Judgment affirmed.
Patrick H. Lynch vs. Wm. Gannon. Il
legality, from Richmond.
. Jackson, J.
1. An affidavit of illegality cannot go
behind the judgment. Any defense
arising before judgment must be plead
ed before judgment. 2. Where the de
fendant in ji fa. alleged and swore that
he made a contract before judgment
with the attorney of plaintiff to take cer
tain accounts of the defendant in pay
ment of the debt, and was told by the
attorney that he need not trouble him
self more in the Court about the case,
and that judgment was taken agaiust
him notwithstanding the agreement, and
that after judgment the plaintiff re
ceived the money collected from some
of the accounts and thereby ratified the
contract, and where the attorney testi
fied to the contrary that the accounts
were not taken in discharge of the
debts, but to collect and apply to the
debt as far they would go, and the ac
counts themselves show that their sum,
if all collected, would not have paid
the debt, and the balance due
was neither paid nor tendered, and
that all * accounts collected had
been applied to the debt and credited on
on the fi fa., and no laches was impu
ted to tho attorney or the plaintiff in
the collection of the accounts, so that
though some were lost by insolvency
they were not lost by neglect, and when
defendant himself swore that the debt
of plaintiff was honest, and failed to
show that he had been deprived of any
legal defense, even if his version of the
oontract was the true one, or had been
injured in any way by the oondnet of
plaintiff or his attorney : Held, That
the Court and jury were right in charg
ing and finding against the affidavit of
illegality, and that the execution was
properly ordered to proceed—no case
being made on the facts of any defense
even before judgment, much less of any
defense arising after the judgment.
Judgment affirmed.
Armstead McCain vs. The State. Main
taining and keeping a lewd house.
Jackson, J.
1. On an indictment for maintaining
and keeping a lewd house evidence of
the general reputation for chastity of
the women frequenting and boarding at
the house is admissible. 2 Bish., Crim.
Proc., sec. 89. Wharton on Or. Law,
2,390. 2. Independently of such evi
dence, the testimony was abundant in
this case to sustain the verdict, and the
Judge was right in refusing to set it
aside and gi ant anew trial. 3. On such
a trial, a charge that the State must
prove, to the satisfaction of the jury,
that the defendant did keep and main
tain a lewd bouse for the praotice of
fornication or adultery ; that the lewd
ness must be proven to have been car
ried on in his bouse, and with his
knowledge and consent, but that it was
not necessary to prove that the lewd
ness was carried on openly and noto
riously—if carried on in Ids house and
with his eonsent, privately, that would
suffice,” is sound, and submits the law
fairly to the jury. 4. A fine of three
hundred dollars and costs, or in default
of paya ent within ten days, work in
tbe chain gang on the public works for
twelve mouths, in view of the faots
proven, is not punishment excessive and
not commensurate with the offense
charged. Judgment affirmed.
James MoAndrew vs. The Augusta Mu
tual Loan Association. Foreclosure
of mortgage, from Richmond.
Jaokson, J.
The reoord and bill of exceptions in
this oase failing to set out the petition,
the rule nisi or rule absolute, or other
final judgment of the Court below, from |
whioh an appeal can be taken to this
Court, the writ of error is dismissed in
accordance with the ruling in Bean &
Cos. vs. Hadley, delivered September 19,
at the present term. Judgment af
firmed.
W. 0. Worrell vs. V. M. Barnes. Cer
tiorari, from McDuffie.
Jackson, J.
1. Title to the crops raised ou rented
laDd is not in the laudlord so as to em
power him to sue for and to recover it
in trover, or waiving the tort to sue for
its value in assumpsit. He has a spe
cial lien upon it, attaching from its ma
turity, but to be enforced by distress
warrants. Code 1,976, 2,285. 2. It fol
lows that suit upon an account thus:
“Wesley 0. Worrell to V. M. Barnes
Dr., to one bale of cotton, received from
W. J. Paschal, belonging to Barnes for
rent from Pasohal, weighing 365 pounds,
$43 56,” cannot be maintained where
Paschal had sold the same to Worrell,
especially if the latter were an innocent
purchaser without notice that rent was
paid by other property. 3, The special
lieu which covers tho crop from maturi
ty is only for the rent of the land whioh
produces it; all other liens for rent at
tach only from date of levy by distress
warrant. So that, as the rent of the
land producing this cotton was only S3O,
and the judgment was for more than S4O
even if a distress warruut had been
levied after the cotton was bought by
Worrell, it could have availed only for
S3O, the amount of the special lien.
Code, 1,977, 2,284-2,286. Judgment re
versed.
THE HOWE MACHINE COMPANY.
A False Report Corrected.
Branoh Office of the Howe Machine 1
Company, >
Nashyille, Tenn., December 2d, 1876. )
J. E. Barton, Agent Howe Sewing Ma
chine, Augusta, Oa. :
Deab Sib— ln answer to an inquiry I
addressed to the New York office about
the letter Mr. George R. Pettibone, Su
perintendent of the New York State De
partment, to his Rutland office, direct
ing the discharge of employees who vot
ed tbe Democratic ticket, I have tbe fol
lowing reply :
Office of the Howe Machine Com i
pany, 28 Union Square. v
New Yobk, November 29th, 1876 )
George H. Owen, Esq., Manager, Nash
ville, Tenn. :
Deab Sib —The artiole that appeared
in the New York World, called “Intim
idation,*” which has since been copied
considerably in the South, places the
oompany in a wrong light. I never
knew that Mr. Pettibone wrote any such
letter until a day after it had appeared
in print. The article was so absurd
that I did not think it advisable to even
write to my managers about it, but that
you may not be placed in a wrong posi
tion, I will state that politics have never
been thought of in employing or dis
charging men, nor never will be. The
company must not be held responsible
for the absurd action of one of its em
ployees. Mr. Pettibone does not deny
writing a letter from Roohester to Rut
land, bat does deny that any such se
vere language was used. I suppose we
have members of both political parties
in almost every office in tbe country (as
I know I have here), and I am satisfied
that no man’s political views have ever
been used against him.
Yon may deny, in the name of the
oompany, any responsibility for the
Pettibone letter, let it be what it may.
We are sure that the article was gotten
up and published by onr competitors,
therefore we cannot believe that any ed
itor will willingly injure us for what we
are not to blame for. I should dislike
very much to be held responsible for the
actions of every employee of the com
pany. Yours truly,
Levi S. Stockwell,
Treasurer of the Howe Machine Cos.
Yob will please exert yourself to give
this denial as wide a circulation as the
Pettibone letter has had,
I may add, that an order from the
oompany to discharge all Democrats in
the employment of this office, would re
lieve from duty the present manager
and nine-tenths of all the other em
ployees and agents. Yours truly,
George H. Owen,
Manager Southern Department.
We notice many county vacancies of
State scholarshps in the State College
of Agriculture and Meohanio Arts at
Athens. We trust these will speedily
be filled np as the advantages offered are
inestimable.
BONA FIDE BULLDOZING.
LOUISIANA EVIDENCE.
Witnesses Before the House t'onnnitlee—The
Mighty Doings of Kellogg's < 'lan—How
Boxes Were .Seized, Lists Changed nod
False Returns Made—How Democrats
Were Knocked Down and Killed—ln Fact,
How the State Was Counted for Hnyes.
New Okleans, December 16 —Before
the Congressional Committee, M. 8.
Pleler, a New Orleans Republican, tes
tified. He was United States Supervisor
of Poll No. 8, Second Ward. An at>
tempt was made by the Republican
Commissioner to prevent Democrats
voting, the names on the poll lists be
ing different from the names on the reg
istration paper. The day after the
election Mr. Hare, Republican Commis
sioner, said to him, “There is some
trouble about the poll, but the Demo
cratic Commissioner will be arrested
and we would take tbe box and fix it up
to suit ourselves.” Later, two Deputy
Marshals called witness out and asked
him if he had gone baok on his party.
Mr. Casey, the Republican Marshal,
said, “There was money in it ; that if
the witness would let them have the
box they would give him SSOO.” —
Witness declined, and informed the
Democratic Commissioner, who sent a
force to protect the box. The Republi
cans finally made an attempt to' seize
the box after it had been taken to Mr.
Bain’s office, where they were to make
affidavit to returns. The plan was to
arrest Democrats and take box to the
Custom House. Hare, Republican,
finally refused to testify to the returns,
saying his instructions would not per
mit him to do so. The Friday after the
election he met Deputy Marshal Casey,
who said to witness: “You of a
—, you are a traitor.to your party,” and
knocked witness down. A colored man
named George Dean then struck witP.esß
over the head. Witness ran and
was pursued by Dean, with a
pistol, to the corner of the block,
where he met three men, who
protected witness, and prevented Dean
firing upon him. The offense of witness
was that he had certified to the returns
as correct, and had refused to allow the
ballot to be taken possession by the
Republicans. Cross-examined : The
election was peaceable, quiet and fair.
Casey is an employee of the Custom
House. Witness did not make a com
plaint to the authorities about the as
sault because he intended to settle it in
a personal affair. Mr. Donnelly came
to his room, and told witness that if he
(the witness) did not keep in doors he
would be killed for going back on his
party. Tho witness is still a Republi
can. He asked Colonel Potter and
others for protection from violence.
Pomps} Stoots, colored, testified that
he voted the Democratic ticket in 1874
and 1876. The colored people attempt
ed to injure him and used abusive lan
guage toward him all the time; had been
twice assaulted by colored people who
were afraid to vote the Democratic
ticket. Marshal Taylor, colored Demo
crat, gives similar evidence. He had
been cut about seventeeu times, shot at
four times by colored men who belong
ed to the Republican party. E. H.
Flowers, who went to school in Phila
delphia, but came to Louisiana in 1865
employed as a school teacher, aud who.
has voted the Republican ticket at
every election except the last, when he
went with the Democrats; changed his
politics because he desired a change ia
Government, and imagined the success
of the Democrats would ameliorate the
oouditiou of affairs. He came out openly
as a Democrat in the latter part of Alt
gust. He made a proposition to the
Democratic State ( entral Committee
to canvass the State for the Demo
crats if they would defray his
expenses and was accepted. Made
speeches in Rapides, Grant, Natchi
toches and several other parishes. He
conversed with a large number of color
ed men, who affirmed that they would
vote the Democratic ticket and was told
by a great many that they were afraid
to vote the Democratic ticket owing to
the threats which had been made re
garding tbe colored Democrats. He
heard P. G. Deslande, Secretary of the
Stat;', remarked to Judge Phillips, some
time previous to the election, that the
Democrats would probably carry the
State but that they would not affect
matters, as even if they were successful
the Republicans would get in the color
ed men throughout the State who ex
pressed an inclination to Bide
with the Democrats. He said they
did so, as they were tired of bad gov
ernment. They wa.ited more schools
and better ones. There was plenty of
money to pay the teachers, but some
how it disappeared before it could be
applied to its destined purposes. They
were disgusted with the Freedmon’s Bu
reau swindle and S. B. Packard, to
whom some of them had given bounty
claims for eolleotion, and they had been
defrauded out of their bounty. The
witness states that he was threatened by
the Republicans, and was advised
by friends to leave New Orleans,
as hiß life was in daugpr from
the Republicans. He heard Anderson,
Supervisor of East Felicinia, remark
that he could not get any colored man
to rnn for office in his parish, and that
some of them ought to be killed, bb
every colored man’s murder was worth
$50,000 to the Republican party. Wit
ness never knew of any intimidation
practised by the Deinooiats, but knew
the colored men were intimidated by the
Republicans.
The Senate committee will commence
its sessions Monday in the Custom
House.
DISTRESS DOCKET.
Ship Aground—Schooner in a (alo-Out In
tlio Cold World—A lleoatly llunbuild—A
Frozen Infant—A UrugsiMt’a JHintake—Re
lief Fund.
New York, December 16.—The ship
J. P. Wheeler is hard aground at Gov
ernor’s Island Ferry. The Thomas Ooll
yer on the 10 o’clock trip broke her ma
chinery below aud was towed baok.
Wilmington, December 17.—The
schooner Lucilla Murchison, from Gal
veston for Boston, loaded with cotton,
put in below in distress. She lost her
maiu sail, foresail and jib in the gale.
The crew lived on bread and water nine
days. No damage to the cargo. She
left Galveston October 27tb,
New York, December 16. —Julia
Deems, whose druuken husband drove
her into the streets last night to beg,
was fouud this morning with her dead
baby in her arms. It had frozen to
death during her wanderings.
Mrs. H. P. Grattan, a well known
actress, died here yesterday.
The relief fund for the sufferers by
the Brooklyn fire reached $25,278.
Rutland, Vt., December 16.—J. P.
Perkins was fatally poisoned at Fair
Haven by a drug clerk giving him, by
mistake, hellebore for valeriaD.
Cleveland, 0., December 16. Tho
damage from tbe gale is greater than
was supposed. The Bteeple of St.
Michael’s Church and part of the roof
of the Weedle House were blown off.
Loss, $30,000.
EUROPEAN COUNCILS.
The Death Benalty to He AboliNheil in Rome
—-.Servian Reparation—Turko-RuNMlan War
Apprehended—The French Minintry.
Rome, December 16 —Tho Parlia
mentary Committee on Revision of the
Penal Code have unanimously voted to
report in favor of abolishing the death
penalty.
London, December 16.—A special dis
patch from Vienna to the Daily Tele
graph says: “Servia has signified her
willingness to make proper reparation
for the recent insult to the Austrian flag
in the forcible detention and searching
of an Austrian mail steamer by Servian
police.”
A special dispatch from Berlin to the
Standard says: “Despite all peaoeful
statements elsewhere, the news received
from the conference in high politioal
quarters here maintain that a Russo-
Turkish war is inevitable.”
Paris, December 16.—The La Repub
lique Francaise declares that the Simon
Ministry to bound to satisfy the Repub
lican demands on tbe questions upon
which Dufavre’s Ministry was defeated.
letter from northeast Georgia.
Jeffebson, Jackson County, Ga., (
December 12, 1876. (
Editors Chronicle and Sentinel :
After an unusually “cold snap” of
ten or twelve days’ dnration, the
weather has moderated to some extent.
Jackson oounty, like her sister counties,
has a very large crop of candidates,
anxiously awaiting the January election.
The new jail of Jackson oounty is ap
proaching its completion. It will be a
very substantial structure, and will bo
hard to escape from. A deaf and dumb
freed woman was crushed to death to
day near Harmony Grove, in this oonnty
by the train on the Northeastern Rail
road. A few days ago a vonng Miss
Greenway, in Rinks county, tied her
apron strings aronnd the neck of anew
born bastard infant, choking it to death,
and then placed the corpse under the
house for her paramour to remove and
hide. But a little boy having discover
ed the dead child, their wicked effort ak
concealment was defeated. Jaokson.
■
Fire at the Lunatic Asylum.— The
steam laundry, machine shops and
boiler house at the State Luntic Asy
lum, at Milledgeville, were destroyed
by fire last Friday night. Load, twenty
five thousand dollars. The main build
ings were not destroyed.