Below is the OCR text representation for this newspapers page.

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.