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About Weekly chronicle & sentinel. (Augusta, Ga.) 1866-1877 | View Entire Issue (Dec. 20, 1876)
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.
