Newspaper Page Text
renromcie anti iSfntintl.
WEDNESDAY. DECEMBER 27, 1878.
TO OUR SIBM BIBKIW.
We request oar subscriber* who owe
ns to pay their subscriptions. It is im
portant tons that every man on onr
books should pay at once. Let eecb
subscriber bear in mind that while
er two dollars may appear to be a tri
fling amount, the aggregate amount* to
a large sum. We hope our friends will
respond promptly.
Thu people of South Carolina should
resist to the last extremity the payment
of taxes levied by Chamberlain and his
bogus Legislature. It is not the legal
govenment and must not be recognized.
The debt of New York City is $124,
706 247 72. The Tweed ring, in two
years, added $40,000,000 to the city’s
burden. Under the management of
Comptroller Green the debt has been
materially reduced.
The Vice-President elect—Governoi
Hendricks —does not seem to take much
stock in a war for the Presidency. I
the Democracy in Congress and the
country stand firm Tildes will be elect
ed without a resort to arms.
The New York fterata says that
Chamberlain is “a reokless lunatic,
who ought to be caged like a wild beast.”
If the Herald had said he was “a reck
less rascal who ought to be caged like a
wild thief,” it would have been nearer
right in its remark.
Atlanta has very coolly sent to Texas
for the banner oflered the State giving
Tilden the largest majority. The ban
ner should be given the county in the
State whitfli gave the Democratic candi
date the largest majority in proportion
to the vote polled.
Mr. C. H. McCormick, the Chairman
of tL>e Democratic State Committee, at
the recent Chicago meeting thought it
premature to increase the excitement
now existing in Chicago, and said he
“had seen nothing yet from headquar
ters in New York indicating a departure
from the peace policy so far advised aDd
practiced everywhere.’
The Democrat who was elected Clerk
of the Court in Colleton county, South
Carolina, has set an example worthy of
imitation. The defeated Radical candi
date refusing to surrender the office,
the Democrat promptly ejected him and
took possession. The Radical sent to
Combahee for a posse of his political
friends, but they found it imposseble to
do anything, and wisely returned home.
General Grant has been guilty of
another piece of characteristic trickery
in the pardon of a man who hail been
convicted of a violation of the Civil
Rights bill, but whose case had beeu
appealed. The Supreme Court would
have decided the law unconstitutional if
the President had not prevented judg
ment by a pardon. The President pros
titutes even mercy to meanness. Pah !
Our Washington dispatches represent
that public opinion at the capital is set
tling into the belief that the Presiden
tial election will be thjown into Con
gress, and that Tilden will be chosen
President and Wheeler Vice-President.
This should not be permitted. Hen
dricks was as fairly and legally elected
as Tilden, and should not be cheated
I out of his position.
The tax payers of Charleston county
have spoken with no uncertain sound.
They have put the world upon notice
that Hampton is the legal Governor of
South Carolina} that they will pay taxes
only to his government; and that they
•re determined to repudiate every aot of
Chamberlain and his dastardly Legisla
ture. Each connty in the State should
apeak after the same fashion.
Gen. Grant spoke soornfully of the
“adopted oitizen" in his recent inter-,
wiew. He also treated with contempt
the centennial address of welcome sent
to the United States Government by the
Irish people and consigned the paper to
a lumber room of the White House.
We are glad see that the Democratic
House of Representatives is making ar
rangements to recieve the address in a
suitable manner.
Says the Philadelphia limes : “It
was General Grant who announced
that he was going to be the President,
not of a par ty, but of the whole coun
try. To what, then, does he refer when
he complains that Mr. Hewitt made
üb6 of what he said * (ot the purpose of
defeating the party which the President
represented ?’ What business fees the
President to * represent' a party at any
time, and especially at such a time as
this ?” '
The Rome Courier reproduces the ar
ticle whioh appeared in a Georgia ex
change severely condemning Governor
Smith for making Mr. R. L. Mott, a Re
publican, of Columbus, a Trustee of the
State Lunatic Asylum, and says:
We reproduce it for the purpose of rebuking
the uarrow-minded, bigoted spirit that it dis
plays, The ottce of Trustee of the Asylum is
uet a political one, and no man with a thimble
full of brains would desire 1 1 see a politician
appointed to it It is something in the nature
of a committee appointed by a legislative body,
and should, in exact justice to the people, be
composed of men from both parties. Governor
iSjniw iu so constituting the Board has simply
done hie duty, and should be applauded by the
people and the press.
General Grant asked General Bar
low to go to Florida and supervise the
actiou of the Returning Board in that
State, because be was “a stauneh Re
publican and a thoroughly honest man."
Since the publication of bis report, how
ever, Republicans have discovered that
he is no better than he should be. Sena
tor Morton saya of the report:]
“That is just what was to be expeoted
“Iroui a man who tried to sell his oouu
“try. The President should never have
*‘B6ol sack a man down there.”
Poor Barlow ! He dared to be hon
est as well as Republican, and hence has
earned the abuse of such scum as Mor
ton. _
Announcement is made of a treaty be
tween Germany and Spain, the evident
object of which, on Bismarck’s part, is
to enable Germany to share in ths war
whic.h is pretty sure to result in . the
Eastern' question. One reason for Ger
many’s anomalous position in the nego
tiations of titi? last six months has been
the probability tii t, in case she became
involved in war witii fWj other power,
France would embrace tho opportunity
to revenge herself for the
heaped upon her. Sow, howler,
Spain, as an ally of Germany, is bound
in restrain France, while Bismarck, if*
he sere fit. may throw the immense pow
er of German diplomacy and arms on
the side of either of the combatants in
the war which M, Tbiebs says is sure to
result between Turkey, Russia and per
haps Great Britain.
Mr. Hawkslky, a prominent oivit en
gineer of England, has been “figuring”
on th*.' enormous increase of population
in that .country, and the results hs ar
rives at art' rather surprising, not to say
startling Hs' finds the mean annual in
crease since the .beginning of the pres
ent century to hot* been a Utfle more
than one and a third get cent. Assum
ing that this rate will *• constant, he
finds that at the end of the*t genera
tion the population will be 42,<5.000;
at the end of the second, 74,000,000; at
the end of the third. 130,000.000; at the
nd of the fourth, 230,000,000; and the
fifth generation will pare away, leaving
no less than 400,000,000 of successors.
The close of the seventh generation will
find more people in England than now
inhabit the whole earth!
THE ABUSE OF TITLES.
The Atlanta Telegram calls the atten
tion of the Chronicle and Sen nf.l to
the fact that of “the thirty or forty rail
road men in Atlanta at the pool meet
ing at the Kimball House yesterday, the
Sod. John P. Klng, of Augusta, was
the only one who escaped o military
title. All the otheis ranked from Gen
erals down to Captains, and yet scarcely
one-third of them ever drew a sword or
smelt powder.” The Telegram asks us
to write another article on the abase of
military titles, making the above a text
for the sermon. We would gladly com
ply with the request if the Griffin 2S ewe
had not already done the work very
neatly for ns. The Kews says: The
irony of onr cotemporary is timely and
we cordially unite with that paper in
condemning the promiscuous abuse of
titles, especially by the State press.
Clothe a man in the livery of a railroad
and he is incontinently dabbed a “Cap
tain.” Elect a magistrate and he is at
once transformed into a “Judge.’ Let
a newspaper editor register his modest
autograph at a hotel and the next day
he is overwhelmed to find his name iD
print and prefixed with the high sound
ing title of “Colonel.” “Let up breth
ren” “give ns a rest.” The Chronicle
and Sentinel is “right” and no more
honored t.tle exists than plain Mister.
For our part we prefer it always until
we are honestly entitled to something
else."
THE IMPUDENCE OF JIOSBK.
If Mosby was half as valiant in war as
he is impudent in peacs it is a wonder
that he did not rise to be Lieutenant-
General of cavalry instead of remaining
a Colonel of guerrillas. If the Wash
ington correspondent of the Baltimore
Sun writes the truth Colonel Mosby has
recently been exhibiting even more than
his usual stock of what Americans call
“cheek.” He has pnt his finger into
the South Carolina pie and mixed him
self np with all the leading men who
were comestible. On the 12th insfc. he
sent the following dispatch to General
Wade Hampton :
“Washington, December 12.—Gen. Wade
Hampton, Columbia : lam ready to help you,
provided the law in with you. Have net seen
Bbadley Johnson. John 8. Mosby.’
The same correspondent informs us
that at the time of sending this dispatch
“he had not examined into the matter
very closely, and did not feel justified
in taking a decided position.” The
judicial fairness of Col. Mosby is worthy
of warm commendation. We have no
doubt that General Hampton was great
ly cheered by knowing that Mosby was
ready to help if the law was with him,
and that Chamberlain was precipitated
into the depths of despair by the dis
mal tidiDgs that in certain contingen
cies the guerrilla might be against him.
The gallunt Colonel further says that he
had a conference with Alexander H.
Stephens and Governor Foote, and
looked for Bradl y Johnson, although
he thought it was Johnson’s place to
come to him. He regards Hampton aB
a conservative mao, and says if the lat
ter had applied to him a month ago in
stead of to the marplots tht he did,
there might have been consummated an
amicable and satisfactory settlement.
Row jt was like calling him in to assist
at a post moctefn. He says that he has
done more for the people of the South
than all the Democratic politicians put
together. He says that the people of
the South understand thoroughly that
he sympathizes with them in their suf
ferings, and desires that they shall
have the benefit of good government,
and that he only differs with them as
to the remedies and political methods.
So far as the public have been able to
judge the only “good” which has been
accomplished by Mosby’s toadyism of
Grant has consisted in putting a num
ber of the Colonel's friends and hangers
on in possession of Juor&tiy o Govern
ment offices.
THE PRESIDENTIAL QUESTION.
We publish a communication this
morning on the Presidential question
and the duty of the South which we
commend to the careful attention of the
readers of the Chronicle and Sentinel.
The writer, whs signs himself “Troup,”
lis a distinguished jurist and an un
swerving Democrat —one who has done
bis party maeli servioe in the past and
who is still battling zealously in the
cause of constitutional government.
“Troup” takes what the best legal minds
of the country pronounce a Bound posi
tion, when he declares that neither the
spirit nor letter of the Constitution
makes the President of the Senate the
judge of the election. ffje President
of the Senate can not decide *4° has
been elected, be may only announce the
result as reported to him by the tellers.
In counting the electoral rot# the Presi
dent of the Senate is simply the prowl
ing officer of the joint convention, Geur
eral Grant said in a recent conversa
tion that he would inaugurate the per
son whom the President of the Senate
declared elected. If he means by that
to recognize the right of Aft- Perry to
count the votes for whom and
to make a President by his mere ipse
dixit he will be guilty of a sgstroas vio
lation of the Constitution which should
be and will be resisted by every liberty
loviqg oitizen in the land.
“ Troop*’ argues that if usurpation of
Government is attempted by either
Grant or Hates and meets with resist
ance from the people of the North, the
Sonth will not remain an idle spectator
of the fight for the preservation of Re
publican institutions. We have no
doubt that “ Troup” reflects the senti
ments of a large portion of the Sonth
era Democracy. His language is firm
bat mild and eau do no harm- There
are others, however, who haye not been
so temperate in their expressions of
opinion. We question the propriety of
such violent “ war talk” in the South.
Indeed, we have seen it stated more than
once that Mr. Tibden— the chosen lead
er of the Democracy and the man upon
whose judgment and nerve everything
now depends—oounsels moderation to
Southern presses aod Southern politi
cians. Mr. Tilden in this matter shows
that sagacity which was so conspicuous
ly exhibited in every move of the late
campaign. T°° much war talk in the
Sonth will only furnish the'jjJUlicals a
weapon with which to work Upon the
fears of timid capitalists and (die appre
hensions of that olass which still seems
to think the Union in danger of assanlt
from Southern men. The South gave
to Mr. Tilden the gw*t v fcqlfc.,rf. his
electoral and popalar vote. Southern
members of Congress will assist North
ern members in every legal attempt to
have him inaugurated. If the baffled
tricksters of the Republican party
should attempt to attain by foree what
they failed to secure by fraud, and
should resort to the desperate expedient
of civil war, let the -Northern Dem
ocracy meet them with arms in their
hands and show their willingness
to baok the ballot with the bayonet
Let the Northern Democracy take the
initiative in ail things. Let the South
ern Democracy follow, not lead. If war
comes, not of ear own seeking, if war
be forced upon ns, then there are a mil
lion of brave men in the South who are
willing to battle, and, if need be, die,
for ttie preservation of the Union and
the maiateuaute of Constitutional Gov
ernment M>l
It is stated that the members of the
Louisiana Returning Board have been
pronounced in contempt by the Con
gressional Investigating Committee for
refusing to prodnee the official books
and papers demanded of them. We
hope the report may prove true. Hi*
committee have a perfect right to in
spect these records, as they will throw
mnch light npon the subject which they
have been commissioned to investigate,
and if Wells k Cos. refuse to give them
up they should be placed in jail and
kept there nntil they obey the orders of
the committee.
TILDEN'* POPULAR MAJORITY.
The New York Times, one of the
strongest Republican journals in the
oountry, gives the following table show
ing the vote at the recent Presidential
election. The Times cannot be accused
of overestimating Democratic or under
estimating Republican majorities, and,
it will be seen, gives Louisiana, South
Carolina a ini Florida to Hayes, when
those States really declared for Tilden :
j Hayes, j Tilden.
States. I Rep. j Dem.
A1abama'........... 68,230 j 102,613
Arkansas 38,669, 58,083
California 78,614 75,815
Colorado 14,154 j 13,316
Connecticut 59,C34: 61.934
Delaware 10,691. 13 379
Florida 23,849; 22,923
Georgia 49,354 j 129,785
Illinois 278,232 258,601
Indiana 208,111? 213,526
lowa 171,3271 112,099
Kansas 78,332 37,902
Kentucky 97,498 160,108
Louisiana 75,135 70,156
Maine 66,330 49,914
Maryland 71,981 91,780
Massachusetts 150,078 108,975
Michigan 166,534 141,095
Minnesota 72,962 48,799
Mississippi 51,853 108,241
Missouri 144,398 202,687
Nebraska 31,916 17,554
Nevada 10,286 9,197
New Hampshire.... 41,522 38,448
New Jersey 103,517 115,956
New York 489,595 522,048
North Carolina 106,402 122,580
Ohio 330,689 323,182
Oregon 15,214 14,157
Pennsylvania 384,148 866.204
Rhode Island 15,787 10,712
Sooth Oarolina 91,879 90,906
Tennessee... 89,366 133,166
Texas 44,552 103,612
Vermont. 44,091 20,254
Virginia 90,565 139,678
West Virginia 42,698 56,455
Wisconsin 180,070 123,930
Totals 4042,726 4,290,187
Even according to the Times' figures
Tilden has a majority over Hayes of
two hundred and forty-seven thousand
votes.
THE INSURANCE companies
A New York correspondent of theßuf
falo Courier states that a decidedly un
easy feeling has lately appeared in New
York among holders of life insurance
policies, in consequence of newspaper
comments on the enormous loans which
the life insurance companies have made
on oity property, the total amonnt of
which is set down at over $125,000,000.
The companies also oyrn real estate
valued at nearly $25,000,000 more. The
decrease in the value of all the property
loaned upon and owned is probably not
less than $50,000,000, so he thinks there
is substantial cause for the uneasiness
mentioned. In many instances the
property would not bring the amount of
the mortgages if it were sold. A couple
of weeks ago the correspondent had oc
casion to make inquiry about a house
that had been sold under foreclosure
and bought in by a savings bank, which
held the mortgage, and he found that
the price was $2,000 less than the loan
which the bank had made. He reports
several other instances of the same
kind. Almost every piece of property
put up at auction is bought by the
mortgagee, no other person being will
ing to pay the amount of the mortgage
for it. If the life ingnranoe companies
were obliged to realize on their invest
ments, th re would oertainly, he thinks,
be very serious trouble in that quarter.
UOLQKEP DEMOCRATS.
The St. Louis Republican well says
that the fact that thousands of colored
men in the South did deliberately and
of their own free choice vote the Demo
cratic ticket at the recent eleotien is not
as strange as it appears. There is an
explanation of it which, in a dispassion
ate state of the public temper, would be
accepted as entirely satisfactory by
every reasonable Republican. Senator
Gordon, of Georgia, declares that in
tfye Southern States the industrious and
intelligent pfilfiyed men are becoming
property holders, and as fast as they be
come property holders they become
Democrats. There is no other choice
bnt to do so. They cannot continue to
support such pitiable apologies as the
Chamberlain government in South
Caroling and the Kellogg government
in Louisiana, foy tije reason that these
governments do not protect thp interests
of the property holders. Neither has
any authority. They admit this by con
stantly calling oh the Federal power to
perform the functions which they them
selves do npt perform. Republican rule
in both States is pongsejatory, and the
colored property bolder supers from
it equally with the white proper
ty holder. Ia Georgia, there are col
ored men owning and paying taxes on
$6,000,000 of property; in Louisiana
there are floored men owning $20,000,-
000 of property, fb typ latter State it
is said all these colored proprietors are
Democrats, simply because they know
that a Pempcratic State government
will give stability apd order to society,
proteot the interests of property and
honestly administer the school funds —
whereas Republican rule means lawless
ness and disorder, strife between the
races, exoessive taxes and robbery of
the ptiffig 1 funds. In Florida, where
the RepuhiiOfMA* *jffthe colored peo
ple are poor, shiftless ,apd jftented,
and the State is sin£in£ into a condi
tion of squalor and decay. In Georgia,
where the State government is in the
hands of the whites, the colored people
are employed, comparatively industri
ous, thrifty and contented, and every
thing bears marks prosperity. Is it
strange that the apibiiio,iie fthd intelli
gent blacks, even while beipg inolined
to Republicanism, should prefer the ca
pable State government that makes
things what they are in Georgia to the
feeble and despicable State government
that makes things what they are in
South Carolina?
The telegraph assures the country
that General Grant will not be a candi
date for the Illinois Senatorship, now
enjoyed by General Looan. The coun
try, and especially General Logan, will
breathe freer.
The Radical fjttpreme Court of Flori
da has dope exactly yfiat Phandleb &
Cos. inairuotodittodo—adjourned yitfaout
reaching the mandamus case against
the Returning Board. This action staves
off judicial investigation nntil after a
decision of the Presidential question.
We arc glad to learn that the Jndi
ciary Committee intends offering an
omnibus bill for the removal of political,
disabilities. It is a shame that eleven
years after the termination of the war
men should be still under the ban for
jmn alleged offense committed sixteen
years ago. A sufficient commentary np
on fit# statesmanship of this disfran
chisement is afforded by the fact that
Major-General Ransom has a seat in the
Senate, and the Vice-President of the
Southern Confederacy is A member of
the House, while men of far less promi
nence in the late war arc not permitted
to hold the meanest positions under
State or Federal Government.
Tb* Herald’s special from Washing
ton says the Republicans begin privately
to propose various plans fpr fettling the
Presidential dispute, one being to hold
anew election in all the States, and an
other to let Chief Justice Waite de
oide all disputed points. One proposi
tion is as assinine and impracticable as
the other. H pother election conld,
by any possibility, be ordered, it would
be a repetition of the other so far as Sonth
Carolina, Louisiana 4 eom '
earned, and the Returning Board* of
those States wo ald manipulate the votes
again. Disgusted by Radical trickery
and fraud, the great States of the North
and West might cart their votes for Til
den, bat anew election would not mend
matters in the “disputed States. To
make Chief Justice Wait* judge of the
election, would be simply to create a
new “returning board,” with whose ver
dict neither party would be satisfied. 1
THE PRESIDENTIAL QUESTION.
The Duly of the South.
Editors Chronicle and Sentinel :
An examination of Art. XII, o! the
Constitution of the United States, with
a view to arrive at correct conclu
sions, relieves a seemingly perplexing
question from all donbt, to say
nothing abont precedents. The fear now
is that the result depends npon the ac
tion of the President of the Senate. Such
a claim, if made, will be monstrous and
against the plain letter of the Constitu
tion. The lists made oat are to
be signed SDd certified and sent to the
President of the Senate. That officer
“shall, in the presence of the Senate
and House of Representatives open all
the certificates, and the votes shall be
then counted. The person having the
greatest number of votes for President
shall be President, if such number be a
majority of the whole Dumber of elec
tors appointed; aod if no person have
snch majority,then from the persons hav
ing the highest number, not exceeding
three, on the list of those voted for as
President, the House of Representatives
shall choose immediately, by ballot, the
President—the Representatives from
eacn State having one vote; and if the
House of Representatives shall not
choose a President, whenever the right of
choice devolves upon them, before the
fonrth of March next following, then
the Vice-President shall aot as Presi
dent, as in the case of the death or
other constitutional disability of the
President.” There is no ambig ity in
this language, nor need for “ tinkering ”
or enabling acts. For convenience and
with great propriety, the President of
■the Senate is made the person to whom
the lists shall be directed. Then it is
his doty to open all of the certificates in
the presence of both houses. That ses
sion is to be a joint session for that
purpose. So far, then, he is required to
do two things— to receive, and open and
oonnt. The counting is done by tellers
—when opened “the votes shall be tbeD
counted in tne presence of both houses.”
When the counting is over without objec
tion or issues of irregularity or fraud,
the President of the Senate announces
the result as the presiding officer of
both bodies. Should a question of fraud
arise, as it will, how can this officer
with any show of right assume to pass
on that ? He can decide nothing except
rules in his own chamber or give his
casting vote. Whether a vote counted
is good or bad, is not a question for
him, but for Congress. It seems that
either house may suggest fraud and de
mand an investigation; if such be done
then both houses in separate session
may pass npon and decide it. Until
both houses have decided upon it, the
vote though counted cannot be authen
ticated by the teller until the investiga
tion is ended. Bnt suppose the House
of Representatives, the Senate retiring
as they must, should refuse to accept
the votes as a fair election, and the
Senate with the Bame facts decide
otherwise, or refuse to go behind
the certificates. Then of course in
case of permanent disagreement there
is no election, and the House elects by
States. The framers of the Constitu
tion intende.i that the House of Repre
sentatives should hold a conspicuous
part in determining so important an
event. The assnmtion that the Presi
dent of the Senate, a mere ministerial
offioer, can decide a grave question like
this is more than preposterous —it is
contemptible.
So far we have both houses disagree
ing, and the duty of electing devolving
upon the House. Can any trouble grow
out of that ? It is said that the Repub
licans will bolt, and leave the body with
out the constitutional number, and then
if no election is made before the 4th of
March the Vice-President becomes
President. Is there a reasonable proba
bility of that ? If the Constitution is
to be respected at all, it declares that on
a failure to elect by the people the House
shall immediately choose, by ballot, the
President. Is it possible that men will
violate their oaths to support the Con
stitution and resort to a proceeding so
revolutionary ? The great heart of the
American people beats warmly for con
stitutional methods, and is deeply at
tached to the Government. Republican
constituencies, in the main, would stand
shocked at snch a conspiracy to produce
anarchy and thwart the clear intention of
the makers of the Constitution.
But it is said that the certificates of
election are conclusive, Congress has
decided otherwise in determining the
qualifications of its own members. If
that can be done in oases where fraud
or irregularities could be cured by a
re-election, how much more reasou is
there for it in cases as grave as this ?
The mere fact that the solemnity of open
ing and counting in the presence of
both Houses of Congress, implies a
right to question them, or either House
to question its validity or fairness. The
purpose of all this machinery is to get
at what the people have done; to know
the choice of that people. If that choice
has been made ana falsely represented
by corrupt returning boards to oheat
the people, is there no power inherent
in those legislative bodies to expose the
infamy and to mako them speak the
truth ? If there be no such power, then
we become subjects of derision to the
civilized world. Bnt the power is there
clearly implied, and its existence neces
sary to preserve government.
If in the exereiSe of. that pbyer. and a
resort to any other constitutional meth
ods to arrive at the will of the people,
force and intimidation are resorted to by
President Grant, what is the duty of the
South ? It is to be regretted that onr
papers and people are not in accord;
and it is iportifying to know that some
are in favor of making tens ß with EJayes.
It is the part of wisdom for the South not
to take the initiative in meeting possible
usurpation and force, but to say that
Northern Democrats should fight their
own battles, and we be spectators, is un
just to them and dishonorable to our
selves. onr Government. “We
are in our fajHr’s house,” and we, in
common wi.t£**She great body of the peo
ple, owe it to ourselves to preserve this
sacred trust. Constitutional liberty is
a boon; the loss of it imperils onr Social
and religions fife. 4 Successful blow
struck at the papitql of f{ie country by
the usurper will be the knejl of liberty.
Once let a crevasse be opened and bitter
waters will never cease to flow. If the
liberties bequeathed to us are worth pre
serving, no cost is too high. Tt is the
duty Of the South to let the liberty lov
ing men of the North know that we
stan<J ready to respond to their Macedo
nian ’ofy, and to let them feel that we
are not idle spectators of a drama which
is to pull down the' temple' bf liberty.
Our indifference provokes hostility and
nerves the arm for violence. It may be
Chat bad counsels will prevail. It may be
that Louisiana and South Carolina will
find a counterpart at Washington. It
may toat nassion will rule the hour.
If such a c&lrfmuy w~3 to follow should
the South cdfise'nt, W' masterly inac
tivity, to let it be conSnhimatea', When
the defenders of the Constitution at'the
North invite co-operation ? It is true
we have had enonjtii of war. Heaven in
its mercy avert itWow ! but the South,
the oonqnered, has not lost its man
hood or its honor. We want no war
against the Union. We chose secession
makly and unwisely, but as States of the
Union we should always sfand ready to
defend the Constitution abd fhe Union
against all of its enemies, foreign dud
domestic.
What have we to gain by making
terms with Hayes ? That be is a good
man and his instincts right, no doubt is
trne. If inaugurated he will, like his
predecessor, be the President of a party
and subjected to all the corrupt in
fluences which have debased him. We
have qrat oipc lot with the Northern
Democracy and with ihSyi we should
stand or fall. Tfidt*.
A TENNESSEE IDYL.
A Tennessee Ruffian Murders an Old Man,
Drags His Victim's Daughter lo a Minis
ter/s, and Insists Upon Mnrriage—He is
Pursued', ghosts One of His Pursuers,
Steals Two Horses, and Makes His Escape.
Memphis, Tenn., December 19.—Yes
terday morning, L. S. Hill, an old and
highly respected citizen living four
miles north of Shelby Depot, was shot
and killed by “Golly” Bond, under the
following circumstances; Bond had
been paying attention to Mr. Hill’s
daughter, and visited Mr. If ill one hoar
before tne shooting. After some con
versation, he went off, saying that he
woald return in an hour. Bond went to
his own house, procured a double-bar
reled shot gnn, returned to Mr, Hill’s
and shot Hill through the door of his
own house, firing five pistol balls
through his body after he fell from the
first shot. After seeing that his victim
was down and dead, he seized the young
lady, actually dragging her oyer the
dead body of her father and carried her
by force before the minis
ter and demanded to be married to her.
The girl refused, when Bond threatened
to kill her. ihe minister’s wife called
Bond's attention to the approach of the
posse in pnrsnit of him. At thia time
some neighbors rode up to the minis
ter’s honse, when the young lady was
taken from her captor and locked up in
a room, secure from any possibility of
his carrying out his threat to kill her.
Bond hatl been riding all the night pre
vious, and had so jaded his horse that
he required another on which to make
his escape. This he accomplished by
deliberately shooting one of the horse
men ao wounding him that he fell from
his horse, which he mounted and rode
to the residence of Mr. Parsons, a few
miles distant, and made a forcible ex
change for a fine gray animal, on which
he was last seen riding westward toward
the Mississippi river, maxing good his
escape so far from all para nits.
SOUTH CAROLINA.
THE SITUATION of affairs in
COLUMBIA
[SpeciaI Correspondence Chronic'e and Sentinel.]
Columbia, S. C., December 19.—Thia
citv, from beiDg a few weeks since the
scene of the most feverish excitement
with throngs of frenzied people blocking
the streets or rushiDg pell mell to scan
the bulletin boards for the latest tele
grams, has become intolerably dull. No
one would imagine, from the quiet pre
vailing, that an entire -tate is in a con
dition of anarchy or “arnica” as a sable
salon, harassed with visions of braises
and broken bones, elegantly expressed it
iH the jfackey Honse the other day.
Yet sneh is the ease. A more complete
prostration of all the constitutional safe
guards provided for the maintainauce of
ordpc was never witnessed.
The people, however, have returned
home and are quietly awaiting
the progress of events, noting each turn
made in unraveling the political tangle
aud watching for some fresh complica
tion. The question “ What do you
know” has been asked so many million
ti oes, receiving at each repetition a
fresh shake of the head, that the dis
covery has been made that no one
knows anything, aud even the most
curious have ceased to button hole
chance victims and to ply them with
fresh interrogatories. People are wait
ing for the 4th of March, believing that
the retirement of Grant cannot but pro
duce a favorable ohange, for he has
long since been regarded here as the
greatest obstacle in the way of decency
and constitutional government. Even
Hayes, counted in as he will be by
fraud, if seated, will be welcomed as a
deliverer. “ Better King Log than
King Stork,” say the people of South
Carolina.
To persons who have not made the at
tempt, nothing seems easier than to or
ganize a government; and complaints
are heard from the more impatient
Democrats of the State that the Hamp
ton government has not sprung Miner
va-like, all armed. Bnt it is difficult
to ront an enemy entrenched, however
unwarranted his tenure may be. And
when it is remembered that the crown
ing argument used by the Democrats is
that Chamberlain's usurpation is based
on fraud and is a tissue of illegalities
all the way through, it can easily be
seen that the Democrats must act with
great caution, so as not to fall into the
same error. Only at the last moment,
when the impossibility of erecting a de
jure government becomes apparent, will
the Democrats be justified in organiz
ing a government de facto, and then,
opposing force to force, in digging up
the Chamberlain concern root and
branch. This would be a matter of fif
teen minutes work were it not for the
drunken President who defiles the White
House. Utterly ignorant of the Consti
tution, aud regardless of precedents, he
reasons only in this way : “The rebels
want to get'hold of the Government and
lam goiDg to keep them from it.” So
he recognizes Chamberlain, makes Ru
ger place a corporal of the guard at the
State House door to reverse the decision
of the Supreme Court of the State, and
then threatens to disperse the Demo
crats at auy moment. Such is Graut,
and with the public mind so muoh in
flamed in the present crisis as not to re
gard nice distinctions, he becomes om
nipotent. This is why the Democrats
are moving slowly and cautiously. Once
past the 4th of March they can move
more rapidly.
In the mein time they are not idle.
The lawyers are busily engaged in press
ing to a decision the cases begun in the
Courts, though the recent illness
of Chief Justice Moses, who has
not yet recovered, has interferred some
what with this portion of the programme.
Governor Hampton is actively engaged
in preparation for appointing a full com
plement of connty officials at the proper
time. The House meets every day, and
its committees are busy digesting mat
ters and preparing bilis for its consid
eration.
To-day the House and the Democratic
Senato s elected General M, 0. Butler
to the United States Senate. The law
provides that a majority of the members
of both Houses present and voting shall
elect a Senator. As the Senate would
not unite with the House, the Demo
cratic Senators attended in a body, and
with the representatives present num
bered 79, which was a majority of the
124 members of the Honse and the 33
Senators. General Butler rcoeived 63
votes, more than “a majority of the
members of both Houses present and
voting.” He will proceed immediately
to Washington, where he thinks he will
be able to give Mr. Blood-money Cor
bin a tough fight. Senator Robertson,
whose term expires, refused to be a can
didate before the Radical ,House and-
Senate. He is in Columbia and his
health is very feeble.
The position of the State Senate is
very peculiar. Jt was the only branch
of unquestioned legality in the whole
machinery of the two governments. Un
til the declaration of the eleotion of
Lieutenant-Governor Simpson, Gleaves
was the legal President by virtue of the
“holding over” olause of the Constitu
tion. But his status has changed since
then. He is nothing but a usurper, and
the Senate is now tainted with illegality
because presided over by a private per
son. The Democratic Senators haye
always protested against any recogni
tion of the bogus House, and refuse t<J
participate in the discussion of anyjoint
resolution emanating from that dea
table body. The day after
Governor Simpson’s election
ed his seat, and his demand wasYgjSi
red to the Judiciary Committee. It hag
not yet reported. The Democrqtjo Sena
tors entered a protest against
and refuse to recognize him
dent, declaring all action under
legal. As they are in a
will not leave the Senate, as
that they could not complete
This is the view held by many others
A large number and, perhaps, the mal
jority of the people, are anxious to have
anew Senate organized under Simpson.
The Constitution provides that in 'case
of a yacancy when a Senator yefnsgSgfQj
qualify, % Writ pf election cap issue to
supply the vacancy. Lieutenant-Gov
ernor Simpson holds that when his
Senators assemble under him, and he
finds that he has no quorum from a fail
ure on the part of the Republicans to
come over, he has the right to order
these new elections, and in this way he
can have anew Senate complete.
The Senators urge that they can by
remaining in their present seats block
all legis&tton requiring a two-thirds
vote, more especially the threatened
impeac <ment of the Supreme Court.
When the time comes, however, and Gov,
Hampton signifies it as his desire, they
will walk oat. The power to issue the
writs of election is the key of the sitna
tion. It will be used both in the Sen
ate and the House when deemed expe
dient; 1 ' uv “
Another bone of contention is the
Great Seal of the State. Huger holds
this for Chamberlain, and as long as
Federal bayonets gleam in the legisla
tive halls, Chamberlain will retain it.
An action is contemplated in the Courts
to decide its custody.
The whites almost to a man and half
the blacks are supporting Hampton.
They yill pot pay a cent of tax to
Chambi&rjaiii’s pOgtis marine, and as
it is nothing bnt shdgd' plujlaeripg ap
paratus, it wjli die of starvation.
The Congressional Committees are
hard at work. The Senators sit with
closed doors. Car loads of negroes are
reaching Columbia every day to tell
their false stories and draw the per diem
of two dollars. The Democrats have
strong rebutting evidence.
Nothing new and startling has oc
enrred lb the past few hours; the people
are sleeping till Hampton calls, D,
BEN. HILL ON THE SITUATION.
He Agree, With Senator Gordon and Stands
By Tilden,
Washington, December 17. That
Senator Gordon’s utterances in regard to
the Presidential succession express the
sober sentiments of Southern members
here, had its fullest illustration at an in
fornral gathering of their more promi
nent leaders yesterday evening at the
honse of a leading Democrat in this
city. Even Mr. Hill expressed himself
most decidedly in the same way, and
the conference showed conclusively
the Southern members stpod as they al
ways and uniformly haye stood, as the
suppoyfceys pf My. Tilden ? s election mid
inauguration under tjx© Constitution.
Mr. Hill declines to be interviewed on
the subject of his own views, but his
position has been clearly defined by his
own utterances and those of his friends,
and there appears to be no question
that his views have been seriously misrep
resented and unwarranted inferences
drawn from some of his utterances as a
Congressman shortly to be called to act
in a judicial capacity upon the Presi
dential ejection. Re desires to preserve
a non-partisan attitude. As between the
peaceful inauguration of Hayes and the
forcible usurpation of Grant, he prefers,
aa he said in a recent interview, the
former; but as between Tilden and
Hayes, his sympathies as a Southerner
and a Democrat are uncompromisingly
with the former, whose election he pre
fers and believes has been accomplished,
though upon this and all other ques
tions germane to it he proposes to sus
pend judgment His purpose is shared
by every Southern member here—that
the Democratic members from theSonth
propose to regulate their action by the
Constitution, and whatever legal acts
are done under its provisions. 1
SUPREME COURT,
DECISIONS HKMiKRED IN AT
LANTA, GEORGIA, DECEMBER
19, 1876.
[Atlanta Constitution. l
Beach k Go. vs. Branch, Sons k Cos.
Assumpsit, from City Court of Au
gusta.
Warner, C. J.
it appears from the record in this case
that John N. Beach, of Liverpool, Eng
land, doing business under the name of
John N. Beach k Cos., brought his ac
tion of assumpsit against Branch, Sons
& Cos., in the City Court of Augusta.
Defendants acknowledged service,
December 18, 1874. At the first term
they pleaded the general issue, and at
the May terra, 1876, when the case was
tried, they filed additional pleas, viz. :
statute of limitations; that loss was
caused by plaintiff's own negligence as
agent; that he committed the most fault,
and failed to furnish defendants, in a
’■easonable time, with evidence to pro
tect themselves;
The material facts are these :
Defendants shipped, in January, 1870.
by the ship Victory, from Savannah, 93
bales of cotton to plaintiff in Liverpool
The cottcu was to be sold on account
of shippers, and plaintiff was to receive
2J per cent, for commission; of which
21 per cent, commissions, 1 per cent,
was to be returned to defendants. The
cotton was sold in Liverpool on con
tract of February 1, 1870, and delivered
April 13, 1870, and the account between
the plaintiff end defendants settled by
draft of plaintiff, duly honored by de
fendants, on or about June 11, 1870,
drawn May 20, 1870.
After the draft was drawn, and ac
count rendered, to-wit: May 30, 1870,
10 bales of cotton were returned by the
purchaser to Mr. Beach, in Liverpool,
as “false packed,” the false packing
consisting in the admixture of inferior
with good cotton, the 10 bales having
been paid f r at the price of good cot
ton. The fact of false packing was
found to bo true by arbitrators under
the custom of Liverpool, who, in pur
suance of the custom, rendered an oral
award to that effect.
Thereupon, Chambers, Holder k Cos.,
the Liverpool brokers employed by Mr.
Beach to sell the cotton, took back the
10 false packed bales, refunded the
price to the purchaser May 31, 1870 ;
resold the 10 bales at the market price
July 30, 1870, and notified Mr. Beach
accordingly. This notification was
received by him about July 30, 1870.
Beach was absent from Liverpool in
America until June 30, 1870, seeing de
fendants personally frequently. July
30, 1870, he wrote the defendants a let
ter, which, after treating on other mat
ter, at the end contained the following
language : “ These are 10 bales of cot
ton, marked V. O. X , part of receipt
by Victory, ruturned to us as false
packed, which we have sold at 6j, and
will send account for same by first
steamer.”
This letter was duly received by de
fendants. Mr. Beach wrote no more on
this subject ; neither did defendants
write to him asking any further infor
mation as to planters’ marks, numbers
or other means of identification of the
false packed bales,
Mr. Beach paid to Chambers, Holder
& Cos. the deficit due them on the trans
action, December 30, 1870. The action
was brought to recover from the defend
ants the amount of this payment, with
interest, made by plaintiff to Chambers,
Holder & Cos.
The custom of Liverpool requires
that reclamation by the purchaser for
false packed cotton, should be made on
the Liverpool seller within three months
and ten days. There was no evidence
of a custom fixing the time within which
reclamation should be made on tlie
American shipper.
Mr. Dunbar, a cotton merchant of
Augusta, Georgia, of large experience,
testified for defendants that sworn state
ments should be furnished of the facts
upon which the reclamation was sought,
and that without such statements he
would pay no attention to the reclama
tion. He would not think it his duty,
when he was notified in general terms
that the cotton was deficient, to seek the
particular facts of the deficiency. He
would wait for the Liverpool man to
furnish them.
Mr, Bussell, also a cotton merchant of
Augusta, of large experience, testified
for defendants that sworn statements
ought to accompany the reclamation, but
that if he were informed in general terms
of a deficiency he considered it his duty
to seek from the Liverpool party mak
ing the reclamation such facts as he
needed for his own protection.
Mr. Thomas P. Branch, one of the de
fendants, testified that 93 bales of cot
ton were purchased from twelve or thir
teen different persons, and the plaintiff
had not furnished him, up to the time
of his testimony, with any sufficient in
formation to enable him to say from
what parties he had received the ten
false packed bales. He said it was too
late to make reclamation now on parties
from whom defendants bought. Could
have done so if proper information had
been furnished by plaintiff. Never call
ed on plaintiff for such information.
On the trial of the case, the jury
found a verdict for the plaintiff for the
sum of $463 64, with interest from the
30th,of November, 1875. The defend
ants'made a motion for anew trial on
the 'several grounds therein set forth,
which the Court granted on the ground
alone that it erred in reading the de
fendant’s requests to charge the jury in
their hearing, and then refusing the
’same. Whereupon the plaintiff ex
cepted,
"Mi'' defendants also excepted, be
ca-°J|£lie Court did not grant the new
all the grounds taken in the
did not simply read and
requests, but ac
<xi -/ill) such em
'were calculated to
HL<s of the jury against
The Court,
iSt' Q if ll own errors in
'y. Hi of the motion.
|§ new trial should
upon the
was in t fairly
MV ti e Court in
mm aw apphjgi
ElffgMHMl^B^atioiis
do, an tween
parties tuen
wa , tin
part of cotton
mn
tand
for
warranty on ' HSfY :
ants should H the
plaint.lV against -A I HP '
it the
But relation ven
dee did not exist
to
and the plaintiff' was
to m
Liverpool, was
agent,
sonuble time after receiving^^^^^iat
the cotton was false no
tified the defendants, his of
that fact, and to have them
with sworn
tion of the cotton according ens
tom of tne trade, so a to enabled
the defendants to seek indemnity from
the parties from whom they purchased
the false packed cotton. If the \plaiu
tiff, as the agent of the defendants, viail
ed for an unreasonable length of time,to
give them notice that the cotton was
false packed, or failed to furnish them
with the customary evidence of that fact
(the moie especially aa the plaintiff
promised to send* aa account for the
same by the first steamer, in his letter
of the 30th July, 1870,) whereby the de
fendants were barred by lapse of time
from recovering damages against the
parties from whom the false packed cot
ton was purchased by them, then the
plaintiff: woqld not fie'entitled to recov
er. The reasonableness or unreason
ableness of the time within which the
plaintiff acted in relation tor the cotton,
as above indicated, will be a question
for the jury under the charge of the
Court, and about which we express no
opinion. Let the judgment of the
Court below be affirmed.
The Macon and Angosta Railroad Com
pany vs. Wm. Vason et al., executors
of Clanton. Assumpsit, from Rich
mond.
Jacesoh, J,
j. The books of the company, in
cluding the stock-ledger, are admissi
ble in a suit between the company and
a stockholder. Angell A Ames, 679; 11
Ga. 459.
2. Settlements between the company
and stockholders to whom the compa
ny is indebted, may be made by the
directors, nothing wrong or fraudulent
appearing, they being but mere adjust
ments and cross demands.
3. Allowing stockholders during the
war to pay up their entire stock sub
scribed in the then depreciated Confed
erate currency, before regular calls
were made, is illegal on the part of the
Directors, but the act of j the Directors
being ultra vires, will hot discharge
other stockholders front paying for
their stock on proper calls made be
cause such an act is a mere nullity and
will not prevent the company from still
collecting from those who paid in such
currency the real amount duffv by them.
Angell A Amos, 207- V
4. On a proper case made, with prop
er parties by bill in equity, we wiki not
say that a stockholder sued for his sub
scription may not comped an equitable
adjustment between himself and the
ot! er stockholders by which all the
stockholders shall be made to pay equal
ly for their respective shares of stock;
but the fact that others were allowed to
pay in the depreciated currency their
entire Block will not absolutely dis
charge him, especially when the same
privilege was accorded t.o him and he
was urged to avail himself of it.
5. The number aud qualification of
directors fixed by the chatter are essen
tial to be adhered to, in order to make
calls valid, but if payments were made
by any stockholder on calls issued by
such or similar directors, such pay
ments will be coustrued to show aequi
esence in their conduct and authority,
past and future, aud the stockholder
so acquiescing cannot afterwards object.
6. When the charter expressly requires
notice to be given in certain newspapers,
and for a certain number of days before
the calls for installments shall be valid,
the company must show a compliance
with such condition precedent before a
recovery can be had on such calls. An
gell & Amos, 517, note.
7. A forfeiture of stock is a satisfac
tion of the debt, and when the right to
forfeit has been exercised, no action for
subscription to stock so forfeited can be
maintained, but- a mere threat made in
the call to forfeit if not paid—that is,,
that the stock will be forfeited at a fu
ture day if payment be not then made -
will not bar the action to recover the
subscription, especially if it appear that
there was no actual forfeiture. Angell
k Ames, 550, aud cases there cited.
Judgment affirmed.
Bobinson, Solicitor-General, vs. State.
Motion, from Tatnall.
Warner, C. J.
The only question made by the record
and bill of exceptions in this case is
whether the plaintiff in error, as Solici
tor-General, was entitled to full costs as
prescribed in the 1646th section of the
Code, when the defendant escapes be
fore trial aud couviotion, as when the
defendant bus been tried and convicted.
The Court decided that he was not, aud
the Solicitor-General excepted. The So
licitor General claims that he is entitled
to full costs, when the defendant es
capes, as he would be after trial and con
viction, under the provisions of the
4699th section of the Code. Construing
the 1646th aud the 4699th sectii us to
gether, we think that the Solicitor-Gen
eral is only entitled to such costs as
have accrued up to the time of the de
fendant’s escape, that is to say, five dol
lars for drawing the indictment, &c.,
and no more than is allowed him by the
fee bill up to the time of trial in cases
where there has been no escape. The
Solicitor-General is not. entitled to
charge the full costs allowed him by the
fee bill when the defendant escapes, as
he would be entitled to when the de
fendant is tried and convicted. Whether
the Court allowed the Solicitor-General
the costs to which he was lawfully en
titled up to the time of the escape of
the defendant, we are not able to ascer
tain from the reoord and bill of excep
tions, but assuming that the Court per
formed its legal duty in that respect, we
affirm the juogoieut of the Court below.
Judgment affirmed.
Davant et al., executor, vs. Carlton.
Motion, from Greene.
Warn Eii, C. J.
This was a motion to sot aside a judg
ment obtained in Greene Superior Court
in September, 1866, on the ground that
the defendant was never served with a
copy of the writ aud process in the case
in which the judgment was rendered,
nor did he waive copy of the same, or
appear and plead to the action on which
the judgment was founded; and also on
the ground that the judgment was ren
| dered against him without the verdict
of a jury, aud without any confession
of judgment by him, or by any one au
thorized to confess judgment for him.
- On the trial of the case the jury, under
the charge of the Court, found a verdict
in favor of the movant, setting the judg
ment aside. Whereupon the plaintiffs
in the judgment made a motion for a
new trial on the vuri jus grounds therein
set forth, which was overruled by the
Court, and the plaintiffs excepted. It
appears from the evidence in the record
| that the defendant was personally served
with a copy of the writ by the sheriff of
Greene county on the 22d of February,
1866, as shown by the sheriff’s return
- there. The following confession of
judgment also appears on the declara
tion : “We confess judgment to the
plaintiffs for the sum of two thousand
and twenty dollars principal, nine hun
dred aud fifty-four dollars and fifty
nine cents interest, and costs of suit.
P. B. & T. W. Bobinson, defendant’s
attorneys.” The bench docket of
Greene superior Court was offered in
evidence, from which it appeared that
the name of the law firm of P, B. & TANARUS,
W. Bobinson was entered thereon op
posite the names °f t ! ie defeudents, in
the handwriting of P. B, Bobinson, one
of the firm; that the werd “answer” was
written opposite the case, and also the
“confession” in the handwriting of the
presiding Judge. It also appears from
the evidence that the confession of
judgment on the declaration was in the
handwriting of T. W. Bobinson, and
that he is now dead. I'he motion to set
aside the judgment Was made by the
defendant in March, 1874. The defend
ant, who was sworn as m his
owri favor, stated that ne had no knowl
edge of said suit, or of the judgment,
until the mouth of May, 1873. Jones, a
witness for the plaintiffs, stated that the
defendant frequently spoke to him about
theisuit, and judgment,"in the Fall of
1866, or early part- of 1867. Durham
testified that in 1868 or 1869, defendant
wanted to know ot him how he managed
to get judgments older than the Davant
judgment, as the Davant suit was
brought first. The Court changed the jury,
amongst other things, that if an attor
ney at law confesses judgment upon the
record, he being an officer of Court, the
presumption of the law is that he had
authority to do so, and it requires the
strongest testimony to rebut this pre-
sumption; “that the evidence of associ
ate counsel, and the party, would be
the strongest evidence attainable as to
said authority, unless written evidence
could be produced I” This latter part
of the charge was error-, because it was
an expression of the opinion by the
Court as to what portion of the evidence
before the jury Was entitled to the most
weight and credit, and anew trial
should have been granted on that
ground. The new trial should have
been grand 6n the ground that the ver
vict was contrary to law. When the
record of the suit was offered in evi
dence with the entry thereon by the
Sheriff that he had personally served
the defendant with a copy thereof, that
return of the Sheriff was conclusive as
to the fact of service until that return
of the Sheiiff had been traversed and
found to have been false by the verdict
of a-Jary, which was not <F>ne in this
case. See Maund ys. Seating 55th
Geo. Rep, 396 Lamb vs. Dozier. Ibd.
677. So in regard to the confession
of judgment by the attorneys of
record for the defendant ; that confes
sion will be considered as conclusive,
especially when the attorney who
made it is dead, unless that aet of the
attorney, as an officer of the Court,
shall by traversed and found by the ver
dict of a jury, so on the trial of that
separate and distinct issue, upon the
strongest and most satisfactory evi
dence that tfe attorney had no au
thority whatever from the defend
ant to have made it. Dobbins vs.
Depree, 36th Ga.. Bep. 104. And this
traverse ot the act of the attorney
shoul i be made by the defendant at the
earliest opportunity after notice of
judgment against him. Tug reoord of
this case furnishes a striking illustra
tion of the temptation which the evi
dence aot of 1866 holds out to parties de
fendant, by their own testimony, to
aacate and set aside the recorded judg
memfes?f the Courts of the State when
ever xfcs their interest to do so, “Lead
us nowito temptation” would seem to
be appM|bl£ kegislsttive enactments,
iu a ffinnkpoint of view, as to individ
ual eonaWt, Let the judgment of the
Court befow be reversed.
Barber vs. Terrill. Claim, from Greene.
Wabnbb, C. j.
This was a motion for anew trial un
der the provision of the 39215 t section
of the Cede, as being an “extraordinary
case.” It appears from the record and
bill of exceptions that the claim case
between the parties was tried in the Su
perior Court of Greene county, and that
the property levied go was found sub
ject tfl the plaintiff’s execution. The
ease was brought to this Court by writ
of error, and at the January term there
of, 1875, the judgment of the Court be
low was affirmed. See Barker vs. Ter
rell, 54th Geo. Rep., 146. At the March
term of the Court, 1876, the claimant
made a motion for anew trial on the
ground that since the former trial of the
case, and since the affirmance of the
judgment therein by this Court, certain
notes have been found, which were re
ferred to on the former trial given b>
the defendant in ft fa. to the claimant,
on which there was a credit of $2,500,
which it ia alleged was the consideration
for the house and lot in dispute. It ap
pears froqj the record of the evidence on
the former trial that the claimant was al
lowed to offer, and did offer, testimony
in relation to the notes now alleged to
have been found since the trial, as well
as to the $2,500 credit thereon as the
consideration for the house and lot in
controversy, so that the newly discover
ed testimony would be mere'y cumula
tive of that which was introduced on the
former trial of the case. Besides, if the
notes now found with the credit thereon
had been introduced on the former
trial instead of proving the contents
thereof, it is not even probable that it
would have produced a different result
in view of the other evidence in the rec
ord. Let the judgment uf the Court be
low be affirmed.
McNulty vs. Marcus. Motion, from
Bichmond.
Bleckley, J.
1. The proper judgment against an
administrator, in an action upon his ad
ministration bond, at the suit of a credi
tor of the intestate, is de bonin pro
priis ; and that is the character of the
judgment now inquestion, not withstand
ing it describes the defendant as ad
ministrator. 2. Though it does not ap
pear from the pleadings, or otherwise,
that plaintiff, as a creditor of the intes
tate, had obtained a prior judgment de
bonis testatoris, before suing upon the
boud, the judgment on the bond against
the administrator aioue this sureties not
being parties) is not void; nor will it,
in the distribution of money raised from
the sale of his property, be postponed
to judgments of younger date in favor of
his personal creditors. 3. When the de
fendant and his counsel were present at
the trial of a civil action, founded on
contract, aud the case was submitted to
a jury, without an issuable defense tiled
on oath, and the amount for which a
verdict ought to be rendered was, after
the introduction of testimony, agreed
upon by couusekiu open Court, the ver
dict rendered in pursuance of sueh
agreement is not a nullity, but is equiva
lent to a confession, and will support a
judgmeut entered up by plaintiff’s at
torney in the usual form. 4. A docket
entry of “settled,” made by the Judge
and not transferred to the minutes, is
no evidence of the terms of settlement;
nor can any inference be drawn there
from on the trial of another case, be
tween other parties, that the debt sued
for was extinguished. Judgment affirm
ed.
Broach vs. Barfield et al. Ejectment,
from Jones.
Bleckley, J.
1. In 1874 there was no law in Geor
gia making usurious any agreement,
written or verbal, for any rate of interest
whatever,
2. An absolute deed of land, made in
January, 1874, by a widower, to two of
his creditors, to secure his indebtedness
by note to each of them, they giving
him a bond for titles conditioned to re
convey on payment of both notes, pass
ed the legal title.
3. Such title was not divested by the
subsequent voluntary bankruptcy of the
grantor, and his consequent discharge
from all his debts.
4. Nor was it divested by his causing
the land to be set apart in bankruptcy
as his homestead exemption, he being
the head of a family of ohildren.
5. Nor was it divested by the gran
tees’ filing in the Bankrupt Court ob
jections to the allowance of such ex
emption, nor by the pendency of such
objections, nor by an adjudication ad
versely to the objectors, they not hav
ing proved their debts as claims against
the bankrupt’s estate.
6. Special pleas to an action of eject
ment, whioh presented no sufficient de
fense, ought to be stricken.
7. To redeem land, held by absolute
legal title as security for a debt, the
debt must be paid or tendered; and,
generally, a tender will be effective,
though delayed till after the creditor
has reoovered possession of the prem
ises by action. Judgment affirmed.
John A. Bullard vs. Jesse A. Leaptrot
aud the sheriff. Buie to distribute
money, from Washington.
Jackson, J.
When a younger fi. fa., by process of
garnishment, brings money into Court,
and an older judgment takes all the
money, the expense of bringing in the
fund, including reasonable counsel fees,
should be paid out of the fund, and all
expenses, as well us the net sum realized
by the older judgment, should be
credited on the older fi. fa. The younger
judgment, realizing no part of the fruit
of its diligence, should pay no part of
the expenses. It is bad enough to lose
all the fruit of its enterprise and see an
other consume it; it would be too bad to
make it pay for that from whioh it re
alized nothing; no part of the expenses
should, therefore, be credited on the
younger fi. fa. Code 3,545. Judgment
affirmed.
Georgia Bailroad aud Banking Compa
ny vs. Fannie V. Garr. Case, from
Greene.
Jackson, J,
1. The right to sue for the Ijomicide
of the husband vests in the widow at
the death of her husband, and is not di
vested by the subsequent marriage of
the widow.
2. The subsequent marriage of the
widow will not change measure of
damages to which she was entitled when
her right of action accrued. >-•
3. The evidence being conflicting, gad
there being evidence sufficient tq/sup.
port the verdict, and the
Judge being satisfied tlpafrewith, this
Court will not interfere,/especially after
three successive verrjrfets for the plaintiff.
J udgment affirmed,
George p; Thomas k Go. vs. Wm. G
Howard, defendant in fi. fa , and
, George W. Crawford, claimant. Claim,
from Morgan.
Jackson, J,
1. A bequest to George G. Crawford
off certain property “to be held by him
in trust for the following purposes, to
wit: The rents, issues and profits of the
same to be paid over by him annually to
Wm. G. Howard during his life time,
and at his death the corpus of said
property to be turned over by the said
trustee to the children of the said Wm.
G. Howard should he leave any ohildren
surviving him, and in the event of his
death without leaving any child or
children, then it is my will that said
property shall be given to Margaret B.
Crawford, if she is alive, and if she be
dead, then to go to her children,” with
discretionary power in the trustee to
sell any part of the property during the
trust and to reinvest “as iD his judg
ment shall be for the benefit of said
! trust estate,” with option to make re
turns or not, as he chooses, is a valid,
subsisting, executory trust, and the le
gal title to the corpus of the estate re
main in the trustee to keep the corpus
secure for the contingent remaindermen
to ascertain who they would be, and to
divide the estate am< ng them when
they were ascertained, on the happen
ing of the contingencies contemplated
by the testatrix. Code, 2313; Perry on
trusts, sec. 305 et seq.; 3d Kelly, 346.
2. The possession of the land by How
ard, with the understanding between
him and the executor that h*> Was to re
ceive tfie rents, issues and profits there
of iu discharge of the legacy due him
under the will, did not, by the assent of
the executor, divest the legal title of the
trustee to the corpus, so as to subject
the corpus to be levied ou and sold for
the wife of Howard. Hqward still held
only the usufruct, not liable to levy and
sale, bqt subject, if at all, only to How
ard’s debts by proceeding in equity.
Judgment affirmed.
Traynham vs. Perry & Denton. Claim,
fro m Baldwin.
Bleckley, J.
When the case purports to be a claim
case, but no claim affidavit or bond is
found in the record, this Court can not
reverse the judgment of the Court be
low, declaring the pruperty subject, more
especially where that judgment, though
mentioned in the bill of exceptions, is
not sent up as a part of the record.—
Judgment affirmed.
Langmade &£->ans vs. Glenn et al. -
Rule, from Washington.
Bleckley, J.
1, When attorneys are ruled by their
, client for money collected, and not for
failing to collect, they caunot be held
to answer on that rule for more than the
snm actually collected. 2. Id the pres
ent case, the attorneys fuily accounted
for all the money they received, and the
verdict against them was not supported
by the evidenoe, as applied to tbe rule
'nisi. Judgment reversed.
Presidential Family Fare.
[From the Cincinnati QaxeUe.]
Washington was married, but had no
children. Adams was married, and had
one sod, whom he lived to see Presi
dent. Jefferson was a widower; his wife
died twenty years before his election.
They had six children, all daughters,
of whom only two survived infancy.
Madison was married, but had no chil
dren. His wife was the most elegant
woman that ever adorned the Presiden
tial mansion. She survived, and was
for many years the pride of Washington
society, having lived to listen to Henry
Clay’s farewell speech in the Senate.
Mouroe was married, and so was John
Quincy Adams. Jackson was a widow
er, and; so were Van Buren and Harri
son. Tyler was a widower when he en
tered office, but soon after married the
Leiress Miss Gardner. He was the only
President that married during his term
of office. Polk was a married man, and
his wife survived him a number of years.
General Taylor was a widower. Pierce
was a married man, but Buchanan was
a bachelor. The social c mdition of
such men as Lincoln, Johnson and
Grant need no reference, except to add
that Grant is the first President who had
a daughter married while in office.
“You must take exeieise for your
health, my dear.” “All right,” she
said; “I’ll jump at the first oflkr.” They
were married about six monthßsafter
ward, x
SOUTH GEORGIA CONFERENCE.
Appointments For the Year 1877.
The following appointments have
been made by the South Georgia Con
ference, which has just, closed its ses
sions in Sandersville :
Savannah District: A. T. Menu, P. E.
Savannah—Trinity: R. J. Corley.
Wesley Church and City Mission :
A. M. Wynn, J. W. Simmons.
Springfield : E. J. Burch.
Sylvania : J. S. Jordan.
Scarborough : C. D. Adams.
Bethel : C. E Boland.
Alexander : N. D. Morehouse.
Waynesboro : B. B. Lester.
Bethany : B. F. Breedlove.
Louisville : J. D. Mauldin.
Sandersville and Tennille: J. D.
Anthony.
Washington: T. J. Nease.
Davisboro: R. B. Biyan.
Gibson: A. Denton, (supply.)
Macon District: J. O. A. Clarke, P.
E.
Macon: Mulberry St. and Vineville—
G. G. N. MacDouell.
Jones’ Chapel Mission: S. M. Tucker.
First Street: Walker Lewis.
East Macon: B. L. Honier.
Macon Circuit: W. C. Lovett.
Irwinton: Supplied by W. S. Baker.
Jeffersonville: J. W. Domingos.
Gordon aud Toombsboro: J. W. Burke
and C. W. Smith.
Hawkinsville: D. B. McWilliams.
Cochran: A. M. Williams.
Haynesville: R. L. Wiggins.
Perry: A. J. Dean.
Bryan Mission: To be supplied by L.
Evans.
Fort Valley and Marshallville: P. S.
Twit.ty.
Crawford : J. B. Culpepper.
Agent and Superintendent Orphans’
Home : L. B. Payne.
President Wesleyan Female College:
W. C. Bass.
Professor Wesleyan Female College :
H. W. Key and C. W. Smith.
Professor Fmory College : O. L.
Smith.
Columbus District: J. B. MeGehee,
P. E.
St. Luke : F. A. Branch.
St. Paul : J. S. Key.
Broad St.: J. V. M. Morris.
Girard and Trinity : W. E. Floyd.
Catania : A. P. Wright.
Hamilton : S. D. Clements.
Talbotton : Geo. 0. Clark.
Talbot : W. W. Stewart,
Geneva : L. A. Darsey.
Butler : Geo. S. Johnston.
Cusseta : R. ,T. Walker and W. J.
Stallings.
Buena Vista and Taswell : J. P.
Wardlaw.
Marion : G. T. Embry.
Americus District : J. W. Hinton, P.
E.
Americas : T. T. Christian.
Magnolia : J. R. Littlejohn.
Ellaville : P. H. Crumpler, B. F. Wil
liams, sup.
Oglethorpe : R. F. Evans.
Montezuma : To be supplied by J. L.
Gibson, C, J. Toole, sup.
Vienna : H. C. Fentress.
Dawson and Smithville: J. M. Austin.
Leesburg: L. A- Snow.
Terrell: J. M. Potter.
Calhoun Mission: To be supplied.
Lumpkin and Weston: W. S. Robin
son.
Cutkbert and Georgetown: R. W.
Dixon.
Randolph: T. K. Leonard.
Quitman Circuit: R M. Boothe.
Stewart: W. W. Tip well.
Muckalee: To be supplied by W. J.
Wardlaw. *
Buck CreelcßlFbe supplied.
ThoinasvilltF’District: 21. H. McGee
hee, P. E.
Thomasville'; J. O. A. Cook.
Fort Gaines land Blakely: J. W. West
on, S. B. Weaker, sup.
Cedar Spring Mission: To be sup
plied.
Arlington: P. C. Harris.
Albany Mission: H. B. Felder.
Camilla and Newton: E. J. Rentz.
Cairo: W. Lane.
Baiubridge: R. M. Lockwood.
Decatur: J. M. Marshall.
Trinity: S. W. Stubbs.
Spring Hifk To be supplied by L. 0.
Peck.
Boston:.T. T. Ainsworth.
Quitman Station: S. Anthony.
Valdosta Station: B. W. Key.
Ooadilco: To be supplied by J. H. D.
Mcßae.
Morvean: D. Blalock. /
Lowndes and Eoliols Mission: N._/Jj.
Ousjfiy, '
Brunswick District: W. M. Hayes, P.
Brunswick: D. Q. Abbott,
tf'amden Mission: T. Armistead.
j St. Mnry’s: G. C. Thompson.
I Charlton: J. F. Carey,
j Darien: T. A. Griffiths.
J Jonesville Mission: To be supplied by
IJLJB. Andrews.
' Hinesville: J. B. Wardlaw.
Jessup: One to be supplied by C. T.
Bickley.
Blackshear Mission: G. J. Griffith.
Homerville: To be supplied by E. J.
Benton.
Nashville: B. S. Key.
Moultrie Mission: S. G. Childs.
Waresboro and South Coffee Mission:
To be supplied by J. Tooke.
Worth: To be supplied by J. R.
Ware.
Waycross: D. G. Pope.
Dublin District: J. E. Sentell, P. E.
Dublin: E M. Whiting.
Laurens Mission: To be supplied.
Eastman Mission: J. E. Rory.
Telfair: W. M. C. Conly.
Ocmulgee: W. J. Flanders.
Spring Hill and Mission: W. F. Rob
erts.
Mt. Vernon and Mission : C. 0.
Hines.
Reidsville : J. J. Giles.
Bryan Mission : To be supplied.
Bulloch Mission : W. F. Bearden.
Swainsboro ; O. A. Moore.
Wrightsville : To be supplied by J.
B. Perris.
Appling : J*L. Williams.
Wilcox Mission : To be supplied.
Conference Mission : To be supplied.
Conference Missionary : L. Pierce.
W. M. D. Bond and J. A. Rosser
transferred to North Georgia Confer
ence.
MYSTERIOUS WILL MAKING.
faralrud in Georgia anil Hying in Madison
Avenue— Fighting for th Entnto of n Kick
Bachelor who Lived for Many Ye urn in tho
Si. Nicholas Hotel—A Crew* Made by a
Paralyzed Hand.
r New T&ri Sun J
Jas. D, Ingersoll, a bachelor, 70 years
of age, had been in business as a shoe
commission merchant for forty years,
and had lived for many years in the St.
Nicholas Hotel. He had no relatives
nearer than second cousins. With them
he was on good terms. About one year
ago he t.dd tho husband of Mrs. Van
Clect, one of his cousins, that he had
made a will, and appointed him an
executor, and that the will was in the
keeping of bis (Ingersoll’s) partner,
Mr. Richards, In April of this year
Ingersoll went to the South. Before
starting he mentioned thp subject of the
will to one of the persons named in it as
executors, saying that it had not been
changed.
In Augusta, Ga., Mr. Ingersoll was
stricken with paralysis. In the same
hotej were Mr. James L. Phipps, a re
tired New York merchant, of 239 Mad
ison avenue, and his wife, Mrs. Emma
K. Phipps. Mr. and Mrs. Phipps are
reputed to be worth at least $200,000.
Mr. Isgersoll had known them for thir
ty years. ’they at onee took charge of
him, as be was utterly helpless. Mr.
Ingersoll had cousins in Augusta, and
they say that they calted at tbe hotel
and were denied admisdou to their suf
fering relative. On tlnjother band it is
asserted that they neglected him. Mr.
Richards, the partner <f Mr. Ingersoll,
tent a clerk to attend tolngersoll’s needs
and to take him to lew York. The
clerk saw Mr. Ingerstil once, and was
afterward told that Mr.flogersoll desired
him to return to New York.
Mr. and Mrs. Phipps brought Mr.
Ingersoll to the city and took him to
their home in Madison avenue. Three
days after his arrival Mr. Phipps sent
for his own lawyer, who drew up a will
at Mr. Ingersoll’s request in Mr. Inger
soll’s sick chamber, devisiDg all his
property, real and personal, to Mrs.
Phipps. Before Ingersoll’s death Mr.
Wm. B. Taylor, his banker, delivered to
Mrs. Phipps about $25,000 that Mr. In
gersoll bid deposited with Taylor & Cos.
It is admitted by both sides that the
cousins of Mr. Ingersoll visited the
Phipps mansion and asked permission
to nurse Mr. Ingersoll. Mr. Phenix
Babcock, son-in-law of Mr. Phipps, tes
tified in the will contest yesterday that
he was informed by Mr. or Mrs. Phipps,
or by both, that admission to the sick
room was.denied to the relatives at the
request of Mr. Ingersoll, who said that
they had neglected him. After Mr. In
gersoll’s death, a tin box in the posses
sion of Mr. Richards was opened, and in
that was found a will dividing the prop
erty among his relatives, and leaving
various small bequests or keepsakes.
The relatives offer this will for probate,
and will contest the probate of the
Pnipps will on the ground that Inger
soll, after his stroke of paralysis, was
not of dne testamentary ’capacity, and
that undue influence was exercised.
Dr. E. E, Marcy, of 396 Fifth Avenue,
Phenix Babcock and others testified
that Ingersoll’s right hand being para
lyzed be made his mark with the left
band, being propped up in bed while
the lawyer held the will on a book be
fore him. The will was then witnessed
by Dr. Marcy, Babcook and the lawyer.
Mr. Ingersoil’s property was about $40,-
000 in cash and securities that could be
readily converted into cash. The ease
has gone over to the January term.