Newspaper Page Text
£t}ronvcie and Sentinel.
A KPNESPAY -l January 3, 1877.
UOTKKNOK HAVES AND THE SOUTH.
About ten Jays Ago a citizen of this
place wrote a letter to Governor Hates,
asking him what would be his policy
with regard to Southern affairs in the
event of his being declared President.
He received as a reply a newspaper slip
containing a marked editorial from the
Cincinnati Commercial, of December
20th, headed “Governor Hates and Hit-
Southern Policy.” This article has
been furnished the Chbonicle and
Sentinel for publication, and will be
found in another column this morning.
The circumstances under which it was
sent fully justify the assumption that
the article embodies the views of
Governor Hates on a very grave
•public question. The article may just
ly be considered not so much an edi
torial of the Commercial as an open
letter from the Republican candidate
for the Presidency. At present, the in
auguration of Governor Hates does not
seem to lie among the probabilities,
or e7en among the possibilities , but
force andi fraud have become, in these
degenerate days, potent agencies in
American politics, and we may rest
assured will be used unsparingly to
compass the defeat of the people’s
choice. In this view of the Presi
dential problem Governor Hates’ opin
ions will command attention and con
sideration.
The snm and substance of the article
is that if Governor Hates be declared
President of the United States, he will
“labor through all the legitimate
“ agencies of the General Government
“to promote the effort of the people
•< 0 f the Southern States to obtain the
“ blessings of honest and capable
“ local government,” provided the
colored race are protected in the en
joyment of all their legal rights. This
sounds fair enough, and we have
reason to think that Governor Hates
means what he says. He is every
where reputed a man of high charac
ter, who has lived amhonorable public
and private life. His letter of accept
ance showed that with regard to
Southern affairs he was not in sympa
thy with the ultra wing of his party—
Mobton, Obast, Cameron & Cos. The
article which wo re-publish tells some
unpleasant truths concerning a Re
publican President and a Repub
lican Administration. It asserts
that “ Grant is not, in the
“ slightest sense of the word, a
“statesman that “the misgovernment
“of the South through Grant’s ad
“ ministration is not an obscure fact in
“history;” that Grant “became en
tangled in his favoritism and had
"bad advisers” and was “forced into
“ close relations with persons unworthy
“his confidence;” and admits “there
“ was carpet-bagging and scallawaggery
“in the South that was deplorable and
“ that had the countenance of those
“ high in authority.” But in the event
thilt Governor Hates becomes Presi
dent oan he give force to his declara
tions concerning the South ? That is
the question. He may be the purest
and best of men, he may speak in all
sincerity, and commenoe his adminis
tration with most excellent intentions,
but oan he embody those intentions in
deeds? We fear not. We fear that
while Governor Hates is a very differ
ent mau from General Grant is every
thing that Grant is not—his administra
tion of tne Government would be but a
tion of the past eight years. We
fear that Governor is not n
stronger man than his party, ftnd we
know that the South can expect nothing
save injustice, intolerance and op
pression from the men who lead that
party. The “bad advisers” of Grant
would be the “bad advisers” of Hayks,
and these advisers will not have peace
in the South because they thrive upon
discord and strife. The Mortons and
CaM.nbons and Chandlers would sur
round Hayes just as they surround
Grant, and their evil counsels would
still bo potent for evil. Governor Hayes
and bis friends m:wi not think these
fears idle or such suspicions ground
less. The events of the reeeut cam
paign demonstrate their justice. It j
Governor Hates’ letter of acceptance
meant anything it meant that the fight
was not to be made upon Southern is
sues, yet the battle in Ohio and In
diana was fought exclusively upon what
is known as the “bloody shirt pro
gramme. When the election iu those
States showed this was not a winning
■card it was abandoned only for the
“rebel claims” device, which was adher
ed to up to the very day of the election.
If Governor Hayes could not control
the leaders of the Republican party iu
the management of a e.smp*ign, cftn ke
control them iu the admiißsG^i- 011
the Government ? It is not reasonable
to suppose be can. We do not believ'
be can. We have every reason to be
lieve that if Governor Hates is inaugu
rated we will have a repetition of that
Southern policy which has worked the
Southern people such cruel wrong in the
past and done so much to estrange the
two sections of a common country. We
give Governor Hates credit for the best
intentions, but fear that if be is inau
gurated we will haYe a good President
aud a bad Government.
The Columbia Union-Herald and the
Columbia Register are now published
ouee every three weeks. That’s about
as often as they come to this office.
That is a startling report which comes
fq,ns from Washington to the effect that
Senators Sherman and Morton are at
tempting to bulldoze Grant. Can such
things be and not o’ercome us like a
Summer cloud ?
The New York Sun says there is but
one way to inaugurate Hates —and
that is for Grant to suppress Congress
with soldiers. We hardly think the
American people will tolerate a Crom
well of the Grant stripe.
A Qroßt'M of the United States Senate
could not be obtained yesterday iu a
vote upon a resolution recognizing the
Hampton government as the legal gov
ernment of South Carolina, and the res
olution went over to next Tuesday.
TANARUS the Senate yesterday Senator Gor
don presented the memorial of Wade
HamptoS, the legal Governor of South
Carolina, to the Congress of the United
States, giving a truthful narrative of re
cent events in tiat State, and asking a
cessation of military interference.
General Logan is so busy in Illinois
looking after hie re-election to the Sen
ate that he cannot serve on the Select
Committee appointed to devise means
for counting the electoral vote, and
Senator Conkling has been pat in his
place. If reeeut reports be trne the
THE CITY CHARTER.
The charter of Augusta was framed
nearly one hundred years ago, when Au
gusta was a straggling hamlet of per
haps fifteen hundred iuhabitauts. The
Legislature of that day granted such a
charter as was deemed best adapted to
the interests of the people. Now Au
gusta is a city of between twenty five
and thirty thousand inhabitants. The
village of 1798 is not the city of 1876.
Everything has changed except the
charter. With the exception of a few
trifling amendments this remains as it
was when Governor Jambs Jacksos
affixed his signature to the document.
Is it not time for anew charter to be
obtained, or for the old one to be thor
oughly revised and amended so as to
suit the changed condition of affairs ?
Two or three years since the peo
ple of Atlanta desired a charter
that would protect the tax payers
from spoliation and insure an efficient
administration of municipal affairs, and
they set te work to obtain one. A mass
meeting was called, and the best men in
the city attended. A committee, com
posed of seventy men, believe, and
representing all classes and every inter
est, was appointed to draft a charter.
This committee, in turn, was divided
into sub-committees. The work of the
sub-committees was revised and accept
ed or rejected by the whole committee,
and the committee reported to another
mass meeting of citizens, which accept
ed the instrument and petitioned the
Legislature to make it law. The Gen
eral Assembly granted the request, with
the proviso that it should be submitted
to a vote of the people for ratification
or rejection. It was ratified, and is now
in operation and working satisfactorily
from all acconnts. We are not com
mending the new charter of Atlanta,
for we are not familiar with its pro
visions, but simply showing how easily
the citizens of that plaoe obtained anew
charter in the place of one that did not
suit them. Would it not be well to have
this matter disenpsed a little ?
LAND BOR IMMIGRANTS.
We have recently republished two
articles on immigration, from the
pen of Mr. F. A. Mauge, of this city,
which appeared in the Chronicle and
Sentinel three years ago. Mr. Madge
is a firm believer in the benefits of im
migration, as is every man of intelli
gence, is familiar with his subject and
treats it in a practical manner. It seems
to be generally conceded that the
question will be brought before the
Legislature at its next session by a
recommendation from Governor Smith
that a small annual subsidy be granted
a steamship company which will agree
to bring three thousand immigrants to
this State per month. This is a very
important matter, and it is desirable
that if any action upon it is taken it
shall be intelligent action. The first
step of course is in the direction taken
by Governor Smith. The first thing is
to get the immigrants into the State.
After this has been accomplished other
things remain to be done. They must
be received and cared for in Savannah
just as they are in New York. There
must be a hospital for the sick, aud
someone to look to the location of the
well. Above all things they must
be allowed to purchase lands at
reasonable prices and on long time.
We must not expect to get
“field hands” who will do the
same work for the same wages as is now
done by negro labor. We want indus
trious and thrifty Germans, Irish,
Swedes, English, Scotch, French and
Italians, who will settle on small farms
of from forty to one hundred acres of
land and cultivate them thoroughly.
This is the class of immigrants that will
develop the resources of the State, in
crease onr wealth and prosperity, and
benefit us socially, pecuniarily, morally
and politically. This is the only kind
of immigration that will be of any bene
fit. We stated, in an article published
last Sunday morning, that the ten mil
lion acres of land in Georgia now lying
idle must be settled and brought into
cultivation by means of immigration.
It is useless to bring immigrants iDto
the State, it is a waste of money to sub
sidize steamship companies, unless we
saake arrangements to supply land to
immigrants. How that land is to be
procured is a matter to be carefully con
sidered. Individual efforts cannot ac
complish anything. There must be or
ganized action, either by the State or
private citizeus, J,iand owners must sub
scribe a portion of their land in order to
enhance the value of the remainder.
With land secured and arrangements
made for reiving and protecting immi
grants upon arrival, find for forwarding
them to the place where they may elect
to settle, we may expect to reap great
benefits from the movement. The Leg
islature should consider all these mat
ters before it takes definite action upon
the subject.
the next house of REPRESENTA
TIVES.
A Washington dispatch to the Ameri
can Press Association says that only
about one-third of the credentials of
members iu the next House of Repre
sentatives have reached the Clerk of the
preseut House. None of these come
from the disputed States, or from dis
tricts where the credentials of contest
ing members are filed. Clerk Adams
treats them as confidential documents,
to be exhibited only to the person filing
the same. The credentials deposited by
members elect are under different forms
in different States, the only general rule
adopted by Congress being the instruc
tion to the Clerk of the nest preceding
House to place on the roll the names of j
those holding credentials showing their
election under the laws of their State.
At the opening of the present Congress,
Clerk McPherson refused to plaoe the
names of members elect on the rolls
wu.?*€ two Relegations appeared as cer
tified by the Should Ulerk
Adams follow this rule tL? uext
would organize without Florida,
isiana and South Carolina. This would
make the first ballot on the election for
Speaker 144 Democrats to 133 Republi
cans, exclusive of New Hampshire, and
the result iuthat State would not change
the Democratic majority even if all three
districts were Republican. Many Re
publicans are indisposed to regard the
verification of the votes already cast, as
enough to determine the result of the
composition of the next House by
States. Excluding the delegations
where two Governors claim to have the
power to issue certificates, the State
delegations will stand sixteen Democrats
to eighteen Republicans. A contest ex
isting in three States the precise compo
sition of the delegation will be a matter
for Congress to determine, while a fourth
delegation, New Hampshire’s, will be
decided by an election.
Onr year ago, mournfully observes
the Brooklyn Argus, he was beloved
and respected by all who knew him, and
he had a four hundred dollar pew in a
fashionable church. To-day he is a
member of a Southern Returning Board,
and all his neighbors have had their
doors and windows fitted np with burg
lar proof fastenings.
And now the ice entters in New York
are attempting to bulldoze their em
ployers into paying them higher wages
and threaten an ice famine next Sum
mer unless their demands are complied
with. If the present weather continue*
much longer in the South we will har
vest onr own crop of ice and let the
strikers be blazed.
Or* dispatches state that Governor
Hates is so well satisfied of his election
that he will resign the Governorship
when the Ohio Legislature meets next
Tuesday. If Governor Hates is a pru
dent man he will do nothing of the kind.
He will never be President, and had
better stick to the snug berth he already
has.
THE WEATHER.
The present is theloDgest cold “spell
experienced in this latitude within the
memory of the oldest inhabitant. 14 e
have had a “nipping and an eager air
for more than a month. It has rained,
sleeted and snowed; it has rained and
turned cold ; it has faired off and turned
cold. The only eonsolation is that
weather prophets say a severe Winter is
followed by a heilthy and a fruitful
Summer. The old English proverb af
firms that “a green Christmas makes a
full churchyard,” and the Germans say
that “a white Christmas makes abun
dant harvests.” If these old saws be
true we stand an excellent chance for
having full crops and empty cemeteries
next year.
GENERAL HANCOCK AND THE CON
SPIRATORS.
The statement was made some weeks
since that the Washington conspirators
intended to remove Gen. Hancock from
the command of the Department of the
Atlantic, and to supply his place with
someone who could be relied upon to
do their bidding. The report was
promptly and positively denied, but
well informed parties persisted that it
was true in all its details. It is now
confirmed by General McComb, of the
California National Guard. He has in
formed the Board of Supervisors of the
oity of San Francisco that he has private
information to the effect that General
Hancock has been assigned to the com
mand of the Military Division of the
Pacific, and will soon arrive in that
oity. In view of this fact General Mo-
Comb thinks the city authorities should
tender a reception to the hero of Get
tysburg. We cannot doubt that if the
oonspirators determine to put their
plans in execution General Hancock
will be removed from his present com
mand, which includes the city of Wash
ington. They know that he would
break his sword rather than prostitute
it to the service of the enemies of his
oountrv. He would never assist in vio
lating the Constitution and destroying
the liberties of the nation. Some such
tool as Sheridan or McDowell will
suit the purposes of the conspirators,
and some such tool they will obtain—
provided their courage does not fail
them when the supreme moment arrives.
The put up job between Mr. Orton
and Mr. Morton will be upset by the
House of Representatives,
Evert man who claims to be a Demo
crat should vote the straight Democratic
ticket at the County election next Wed
nesday. All the candidates were fairly
and legally nominated, and are justly
entitled to the full party vote.
The majority of the Florida Return
ing Board promptly obeyed the instruc
tions received from Washington City to
disobey the judgment of the Supreme
Court of the State. Chandler & Com
pany care nothing for law ; they are
fighting only for office. That is all.
A Paris special thinks that the only
hope for the peace of Europe is based
on the fact that Russia has not sufficient
means of transport to get her immense
army into Turkey. If this be the only
hope of peace, we may confidently look
for war.
In a recent ease tried in a Baltimore
Court, the Western Union Telegraph
Company refused to produce certain
dispatches which were needed on the
trial, but a peremptory order from the
Jur ge soon brought the telegrams into
Court. Summary action by the House
of Representatives will bring Messrs.
Orton and Morton to terms.
General Butler has again been mis
represented by his sworn enemies, the
newspaper reporters. He does not fa
vor anew election. But he thinks a
new election the only compromise pos
sible. He has, he says, simply pointed
out the way, and any one who chooses
may take it. Wo won’t take it. We
don’t like General Builek’s ways.
The Columbia correspondent of the
New York Times has discovered that
Wade Hampton is a dishonest and des
perately bad man, The same correspon
dent has also documents in his posses
sion showing that General Lee murder
ed his when a young man, aud
that his father was hung for sheep steal
ing. People will believe one story as
readily as they will the other.
The New Orleans correspondent of
the Cincinnati Commercial says the Re
publican usurpation in Louisiana “is
powerless t.o sustain itself but for Fed
eral backing, powerless to enforce the
law, powerless to do anything except, to
lean up against the wall of the Custom
House like an Egyptian mummy. With
Niohqlls and the Democracy in power
there will be peace ip the State and an
end of the perplexing Louisiana case
both in and out of Congress.”
A wealthy San Franciscan sent a fine
turkey to his married daughter, for a
Thanksgiving dinner, and placed inside
of it a certificate of 100 shares of Con
solidated Virginia Mining Stock, en
closed in a morocco pocket book. He
joined the young couple at dinner with
a merry twinkle in his eye; but when
the turkey was carved it was found that
the smpll of the pocket book had very
disagreeably permeated the stuffing, and
the crisp certificate was recced to a
worthless pulp. What was worse, the
fond father had forgotten to take the
number of the certificate.
We publish eisewfiepe in the Chroni
cle and Sentinel this morning, an edi
torial from the Milledgeville Union and
Recorder recommending General Col
quitt to appoint Got. J. B. Campbell
his Financial Secretary. It gives us
great pleasure to fully endorse every
thing that the article contains in favor
of Col. Campbell. He has had a long
experience in the duties of the office,
and is a most obliging aud courteous
gentleman. As the occupant of this po
tiilpn is necessarily brought much in
contact ffjtb the public, the public
naturally feel wwp jpterest in the mat
ter, aud this is out excuse sof writing in
behalf of Col. Campbell.
Reviewing the vote in Louisiana, the
New Orleans Democrat says; The Demo
crats carried 32 parishes this year to 31
in 1874; the Republicans carried 25 par
ishes to 26 in 1874. ThS Republicans
this year cast 28,276 votes in the Demo
cratic parishes to 28,975 cast in the
Democratic parishes in 1872, showing
that the Republicans have voted just as
freely and as often in the Democratic
parishes in 1876 as they did in 1874.
While the Republicans complain about
the five parishes, Republican in 1874,
carried by the Democrats this year, they
forget to say a word about the seven
Democratic parishes in 1874 that went
Bepublican this year.
Mr. George F. Hoar stated to a cor
respondent of the Herald, on Wednes
day, what the plan of the Republican
leaders is in the management of the
Presidential question in Congress.—
Whatever may be the evidence of fraud
produced by the Democrats, the Repub
licans propose to offset it by affidavits
and testimony declaring that negro Re
publicans were intimidated. Then the
“President of the Senate is to counf the
vote and declare Governor Hates elect
ed." After the oonnt and declaration
by the President of the Senate that
Hates is elected, Mr. Hoar says “the
Administration will see that he is inau
gurated.” Mr. Hoar’s plan is simple
enough, and we have no donbt meets
with the warm approval of the “Presi
dent of the Republican party” and
Messrs. Mobton, Chandler k Cos. The
only difficulty in the way of its execu
tion will be fonnd in the resistance of
four and a half million Democratic
voters. If this slight obstacle can* be
overcome Mr. Hoar’s “plan” will work
like a charm.
i v
TJLDEN ANI) PEACE.
THK COUNCIL, AT HAKRISBURG.
4 Representative Gathering—An Address to
the People of Pennsylvania on the Daty on
the Hour—Governrr Bigler’s Report of
Louisiana.
Harrisburg, December 22.
Governor Bigler on the Louisiana Case.
The report was then read as follows,
and received with applause and hearty
oommendation :
To the Democratic Stale Central Com
mittee, Capt. Wm. McClelland, Chair
man :
I considered myself greatly honored
in being selected, with others, to go to
Lonisiana to counsel peace and a fair
and honest return of the votes cast at
the late election in that State, and I
think that I can safely say that I never
entered upon any public trust with a
more sincere desire to promote the wel
fare of my country.
The first remarkable institution that
attracted our attention was the' famous
Returning Board. We fonnd it consti
tuted on principles at variance with our
notions of Republican simplicity. Its
members had been selected by the State
Senate, daring good behavior, or
the pleasure of that or any other body,
but for life, and it was made their duty
to fill all vacancies that might occur
from time to time, so that the Board it
self might have an unlimited existence.
The next most alarming thing brought
to our attention was the extent to whicn
the State administration can supervise
and control the elections. From the
highest to the lowest the election offi
cers are responsible to the administra
tion. The supervisors of reg stration,
whose duty it is to register the voters of
the several parishes, are appointed an
nually by the Governor. They select
their own assistants, and appoint three
commissioners to hold the elections in
each district. These commissioners
should be from both political par
ties. But there seems to be never
less than two and often three Republi
cans in the same district. The supervi
sors are clothed with authority to fix the
places of holding the elections in the
several parishes. This extraordinary
power, it is alleged, is often abused in
the interest of the Republican party.
Registration is a primary qualification
for the elector. No man need approach
the polls without his certificate of regis
tration. The commissioners preside
over the election. They receive the
votes and at the close of the election
count them. It is also their duty to
make out duplicate lists of the votes
east and the names of the persons for
whom cast and deliver one of them,
sealed up, to the Clerk of the District
Court and the other to the Supervisor of
Registration, whose duty it is to forward
the same to the Returning Board by
mail. Under these forms the late elec
tion was held. Republican officers first
decided who should vote. They receiv
ed and counted the votes cast, and when
the returns were opened and counted it
turned out that this party, who did
everything in its own way, had been em
phatically defeated. The highest Til
den elector over the lowest Hayes elec
tor had 8,957 majority. The total vote
of the State was 160,000. An equal per
centage on the total vote of Pennsylva
nia would exceed 40,000 and on that of
New York 60,000. Had this majority
been for Hayes, or had he received 800
instead of 8,000, or the one-tenth of one
hundred, his right to the electoral vote
of the State would have been promptly
conceded. It was too obvious for dis
pute that this result was a serious dis
appointment to the administration,
hence the straits to which the Return
ing Board was put to reverse the decis
ion of the people. iiYe have shown you
that there could be no reasonable pre
sumption against the vote cast by the
Conservative party, and, indeed, there
was no testimony impeaching the legal
ity of the votes cast in any part of the
State, except as to two wards in the city
of New Orleans, and as to these the con
test was finally abandoned, so that it
was agreed, on all sides, that the 180,000
votes had been cast by citizens having a
legal right to vote.
As anticipated by those who had wit
nessed the proceedings of the Return
ing Board at former elections, it re
versed the decision made by the vote
actually east and declared the State for
Governor Hayes by over 4,500 majority.
It was difficult to witness the consum
mation of such a wrong without calling
for the interposition of some power to
avert its effects; but we were told that
the judiciary of the State would not in
terpose, and that the decisions of the
Returning Board must be accepted, like
the laws of the Medes aud Persians, as
unchangeable. They de&ed. the man
datory terms of the law requiring them
to fill the vacancy in the Board, and there
was no remedy. We have shown you
that it was conceded on all sides that
the total vote cast was legal, and yet
the Board, to bring about the result it
has announced, had to disfranchise
over 15,000 of these legal voters, not
withstanding the letter of the Constitu
tion of the United States to the con
trary. Justification for this action of
the Board is sought for in allegations of
riots, tumults and other acts of violence,
producing such measure of intimida
tion as had deterred an equal or a larger
number of Republicans from attending
the election. The first great fact in the
way of the reasonableness of this con
clusion is that the total vote of the State
was 15,000 larger than that oast at any
former election, and the next is that
the aggregate vote in the principal dis
tricts and parishes thrown out by the
Returning Board was unusually large.
With regard to intimidation, it is a
mistake to conclude that the riots, tu
mult and other acts of violence, amount
ing to intimidation, to have any legal ef
fect under the law, must occur on the
day of the election. I was under this
impression myself; but if these acts oc
cur at any time after the commencement
of the registration in August the penalty
is all the same, It is also an error to
conclude that acts of violence, a knowl
edge of which may pome to the Board,
no matter in what form or at what time,
will justify it in rejecting votes. On
this point the law is very clear, and all
parties are agreed as to the meaning.
Unless the Commissioner of Election,
or the Supervisor of Registration, at the
time of making out the returns, attach
thereto statements, under oath, setting
forth that there have been “riots, tu
mults, sets of violence, intimidation,
bribery or corrupt influences, prevent
ing or tending to prevent a fair, free,
peaceful and full vote of all the quali
fied electors, aud have the same cor
roborated by three responsible citi
zens of such district, under oath,” then
and in such cases the Returning Board
must {canvass and count the vote as it
comes to them. Without these prelimi
nary steps it cannot deduct a single
vote, and to the end that our Republi
can neighbors may see that this opinion
is not peculiar to myself, I offer the
opinion o t the Republican Cpngres
sional Committee of 1874, composed of
the names of Messrs. Hoar, W. A.
Wheeler, ftye, Foster and others. They
expressed themselves as follows, to-wit:
“We are all clearly of opinion that
the Returning Board has no rigkt to do
anything except fo canvass and com
pile the returns whicji were lawfully
made to them by local officers, except
in cases where they were accompanied
by the certificates of the supervisor or
commissioner provided in the third sec
tion. Iu such cases the last sentence of
section shows that it was expected
that thev would ordinarily exercise the
grave and delicate duty of investigating
charges of riot, tumult, bribery or cor
ruption, on a bearing of toe parties in
terested in the office. It never could
have been meant that this Board, of its
own motion, sitting in New Orleans, at
a distance from the place of voting, and
without notice, could decide the right
- * -'-.ring, and without notice, could de
. * oersons claiming to be
cide the right ta ,
Our associates at New Orleans, Gov- j
ernor Palmer, Judge Trumbull, George j
B. Smith, George W. Julian and P. H.
Watson, among the ablest lawyers m
the country, concur in the foregoing
opinion. The last named gentlemen are
also clearly of opinion, in which we con
cur, that the legal steps necessary to
vest the Board with judicial or discre
tionary authority over the returns were
regularly taken in a very few, if in any
of the voting districts excluded from
the count. They say the law has not
been complied with; most of the super
visors who have put in complaints have
not done so at the proper time ana at
the proper parish; they have not an
nexed them to their returns, sealed and
sent them by mail; they have brongh'.
these returns to New Orleans withno
statements so annexed, but have patenea
up statements here at an improper time
and an improper place. They could
only fulfill their duty according to law
bv furnishing their returns ami attached
statements sealed np, and mailed them
in one envelope, at one of the parish
post offices, within the time required by
law. Nothing more scandalous was de
veloped than the utter disregard of the
law requiring supervisors to send their
retains to the Board within a limited
period by mail. It was known to ns
that the returns were carried about ra
the city for days, if not weeks, and as to
those from at least one parish they were
fonnd in one of the hotels open to the
inspection of everybody. But there is
no room for dispute on these points, for
the clerk of the Board made frequent
reports showing what returns had not
been received by the Board, which
amounted to conclusive evidence that
the law requiring the returns to be sent
by mail had not been complied with.
That the returns were being tampered
with wbb conclusively shown by the dis
graceful development about those from
the parish of DeJoto, where the pack
age postmarked the 14th of November
was fonnd to contain affidavits charging
intimidation, dat'd the 25th of the same
month, at New Orleans. Other similar
frauds were detected. Nothing went
farther to convinct us of a purpose to do
wrong than the jraetice of laying over
returns on infoimal and insufficient
complaint to be considered in secret
session after the parishes to which there
was no objection had been disposed of.
Had disputed cases been settled as they
arose, the witnesses could have seen
what legal principles, if any, were ap
plied in each ease. But the whole mass
of disputed cases were laid over and
finally disposed of in the absence of
witnesses. If (he Board bad a fixed pur
pose to acconplish, it was probably
more convenient for them to bring ,it
about without seing troubled with either
the law or the witnesses.
As to lawlesaiess and crime in Louis
iana, to my mild the crowning shame of
those in authority is that crime is sel
dom, if ever, punished. It is beyond
our comprehension that, with the Ex
ecutive and judicial officers alleging
that the State las been turned upside
down by tumults, acts of vio
lence and intiaidation,” that the au
thors of these crimes are never detected
and punished. If it were possible to
separate the crimes arising from mere
lawlessness fron those inspired by
political animosities mnch of the testi
mony would be shown to be entirely ir
relevant. If the crimes committed by
bad colored menon their own race could
be picked out this alone would relieve
the white people from much that is un
fairly charged against them. As for
acts of violence to produce political in
timidation it has been overstated on
both sides. The most effective of all,
so far as we could discover, was that of
colored Republicans against the colored
Conservatives who desired to vote for
Tilden and Nichols. Th 9 colored Re
publicans being usually in the majority
and having the countenance of all the
States' Federal and election officers and
soldiers, were not easily intimidated,
aud they usually voted as they desired;
whereas the colored Conservatives, hav
ing less support, were not so courage
ous. My associates and myself came to
the conclusion that the Republican
managers, having all the eleotion ma
chinery, the Federal officers and the
army, had more than held their own in
the matter of intimidation. That there
is a growing inclination among the best
class of colored people—the tax payers
—to abandon the Republican party, es
pecially the State party, is too obvious
to be concealed.
Governor Kellogg said to some of our
party the day after our arrival at New
Orleans that there were not twenty col
ored men in the State who had voted
the Democratic ticket, whereas our
rooms during all the time of our so
journ there were frequented and at times
crowded with colored men from all parts
of the State, who eame to explain their
reasons for leaving the Republican party.
They said it had deceived them, and
that the State administration was prodi
gal and corrupt in the use of the public
money; that taxes were too onerous ;
that life and property were not protect
ed and crime seldom punished. Some
of these men represented organized
bodies who had gone over to the Con
servative side. Although both commit
tees from the North staid at the same
hotel, I think I can eav, without risk of
exaggeration, that ten Colored men visit
ed onr rooms for every one who called
at the Republican quarters. These men
seemed to have a real desire to oompare
views with the great men who had led
the Republican organization in the days
of its progress and glory. They knew
Mr. Julian as an early, able and cour
ageous Abolitionist. They had heard
of Governor Curtin as the patriotic war
Governor of Pennsylvania, who had met
the demand of Mr. LiaColn with such
prompt fidelity. Governor Palmer many
of them knew personally as an eminent
Union General during the war, and they
had heard of Judge Trumbull as the
loiader of the Republicans in the United
States Senate, and P. H. Watson as As
sistant Secretary of War under Stanton,
They were naturally impressed with the
idea that if these great lights of their
old party had found it necessary to make
common cause with the Democrats to
redeem the country from intolerable
evils, poor colored men might indulge
in the same privilege. These men
scouted the idea, so common in the
North, that it was only necessary to look
at the census to find the Republican
strength in Louisiana, holding that
where the colorad citizens outnumber
the whites the vote must stand in the
same ratio. They confessed to the cor
rectness of this rule at the beginning,
but said it was far otherwise at the late
election. Some went so far as to say
that if there had been no Presidential
election, a majority of the colored peo
ple would have voted for the Demo
cratic candidate for Governor, so sick
were they, of the state of affairs. No
class of men seemed to understand the
condition of things better than these
men; and their testimony, if taken in
legal form, would put to shame most of
that sent to Washington by the Return
ing Board,
As to the testimony it is voluminous
and cannot be dealt with in this paper.
That of Eliza Pinkston probably created
more excitement in the North than that
of all others besides, and it has already
become a reproaoh to those who got it
up. It was a horrible murder, but had
no necessary or even incidental connec
tion with politics. The testimony of
Major Bascom, a Republican and the
military commander at West Feliciana,
showing that peace and good order pre
vailed not only on the day of election,
but from the beginning of registration,
was contradicted by ready made testi
mony at the Custom House, and the
parish was thrown out of the count. A
Republican is of no more consequence
than a Democrat before the Board when
he gets in the way of the purposes they
are determined to accomplish.
In conclusion, permit mo to Say that
President Grant never uttered a nobler
sentiipent than that contained in his dis
patch to General Sherman, dated at
Philadelphia, November 10, when he
said: “Either party can afford to be dis
appointed in the result, but the oountry
cannot afford to have the result, tainted
by the suspioion of illegal or false re
turns.” The election of Governor Hayes,
for whom I have had much personal re
spect, by the decision of the Louisiana
Returning Board, reversing the vote ac
tually cast, would, in the estimation of
all the world, be an eleotion tainted
with fraud. Wm. Bigler.
FOREIGN IMMIGRATION.
Will It Pay to Organize Immigration Socie
ties—The Question Satisfactorily An
swered.
Augusta, Ga , June 23, 1873.
Editors Chronicle and Sentinel :
I have been asked by many persons if
the stock of our Immigration Society
will pay a dividend. I answer in the
affirmative. Jn the first place, the so
ciety will spll land to immigrants at an
advance, thus beug enabled to pay both
a dividend to the stockholders and de
fray the expenses of the company. As
a matte? of course it oopld nqt be ex
pected that a sufficient amount of land
could be sold to allow of the declaration
of a dividend, but 1 feel assured that
the directors could declare a dividend
sooner and better than the majority of
rrilroad enterprises. In the second
place, the increase in the number of
producers of food will cause our market
to be better supplied, cheapenipg food,
and thus in eflect declaring a second
dividend. In the third place, ths
people having less to pay for food, will
have more ixjoney to spend for other
goods; the tide of immigration will
swell the population, increase the busi
ness of the merchants, increase their
profits. This will be equivalent to a
third dividend. Nor will this be all.
Every description of real estate will in
crease in value; there will be more
travel ana a greater freight transporta
tion over OUI enabling the
litter to pay better diyidendg, the in
crease be tax payers will reduce the
tlxes all kinds of enterprises will be
more remunerative, immigration will
tester direct trede-the Immigration
Society will give aid to the building of
new railroads, if the land owners along
the route will subscribe some of their
and bordering on the road by locating
immigrants upon the land the road will
become profitable sooner and the Capi
tal Stock Will he the more readily sub
scribed to, . .
Immigration will not only us
with food producers, but also with
skillful workmen and house servants,
who are much needed. If I was to en
umerate all the benefits that immigra
tion will confer upon the people, it
would take too much space in your
columns. It has been observed to me
that the men too poor to snbscribe to
the stock of an immigration society will
also be benefited to a great extent. So
much the better, it is one of the great
objects of the enterprise to promote the
welfare of all classes of our people.
F. A. Mauge.
peter b. sweeny.
Arrangement* tor H* Bctejm—To Appear at
the Great New Y*rk 8114.
New Yobk, December 30. — It is au
thoritatively stated that an arrangement
had been made for the return of Peter
B Sweeny, in order to appear at the
trial of the $7,000,000 suit. An agree
ment has been signed that if Sweeny
shall appear at this trial, no proceed
ings, civil or criminal, shall be begun
against him during its progress or for
thirty days afterward.
HAMPTON AND HAYES.
SOUTH OAHOLINA'B VOTE.
The House Committee Thiuk that the State
was Carried for Hayes by a Majority of the
Totes Actually Cast, and that Teohnlca!
Irregularities Ought Not to Affect the Re
sult—Hampton Undoubtedly Elected—An
Interesting Talk with Congressman Saylor
Hampton’s Letter to Hayes.
New "Yore, December 29.—The Her
ald's Columbia (3. C.) dispatch says the
House Committee has, in concluding its
labors here, ascertained that Hayes’
electors have an average majority of
abont 600 votes over Tilden’s electors in
this State. This result was reached
early Thursday morning by accountants
of the committee, and is based upon re
turns of precinct managers, and upon
the actual votes cast, as Dear as the
committee could get at them. It was
with some difficulty that the sub-com
mittee remaining here could be per
suaded to give this announcement to the
press, and it was then qualified by the
remark that there were certain illegal
boxes, irregularities and discrepancies
that would have to be considered by the
entire committee when it again assem
bled at Washington. Two sub-commit
tees, now at Charleston, will meet the
one now here, at Florence, in a few
days, when the entire committee will
prooeed to Washington to complete its
labors. It is safe to say that the com
mittee will be unanimous in declaring
that the solid electoral vote of South
Carolina was cast for Hayes and
Wheeler on the 7th of November last.
The committee, while it did not go into
a formal investigation of the election of
Governor and State officers, was requir
ed to do so incidentally in ascertaining
facts as to the electoral votes, and it is
equally safe to say that the gentlemen
composing it are almost unanimous in
the opinion that Hampton and the re
mainder of the Democratic State ticket
are elected by majorities ranging from
1,100 downward.
Columbia, December 29. Messrs.
Saylor, Abbott and Lawrence, Sub-Con
gressional Committee, completed their
work here to-d iy. Their report from
returns as submitted gives the State to
Hayes and Wheeler by about 700 major
ity, but show Hampton and the entire
Democratic ticket elected by a much
larger majority. This committee leaves
for Charleston to-night to join the sub
committee there and probably leave for
Washington on Monday.
Washington, December 29.—A Her
ald special from Columbus, Ohio, says
that T. J. Mackey, of South Carolina,
brother of Mackey, the Speaker of Cham
berlain’s House of Representatives, ar
rived here last night and spent the even
ing with Governor Hayes. During the
recent canvass Mackey was a warm
supporter of Hayes and Hampton, and
it is supposed he now comes here in
Hampton’s interest.
Columbus, O , December 29 Judge
T. J, Mackey, of South Carolina, is here
as bearer of a letter from General Wade
Hamptom to Governor Hayes. The let
ter is as follows:
Executive Chamber, Columbia, De
cember 23d, 1876.—Mv Dear Sir : I
have the honor to enclose a oopy of my
inaugural as the duly elected Governor
of South Carolina. In view of the pres
ent events and the offioial sanction given
to gross misrepresentation of the acts
and purpose of the majority of the good
people of this Commonwealth, I deem
it proper to declare that profound peace
prevails throughout the State, that the
course of judicial proceedings is ob
structed by no combination of citizens
thereof, and that the laws for the pro
tection of the inhabitants in all their
rights of person, property and citizen
ship are being enforced in our Courts.
While the people of this State are
not wanting, either in the spirit or
means, to maintain their rights of citi
zenship against the usurper’s power,
which now defies the supreme judicial
authority of the State, they have such
faith in the justice of their cause that
they propose to leave its vindication to
the proper legal tribunals, appealing, at
the same time, to the patriotism and
public sentiment of the whole country.
The inflammatory utterances of a por
tion of the public press render it, per
haps, not inopportune for me to state,
although the people in South Carolina
view with grave concern the pres
ent critical juncture in the affairs
of our country which threatens to sub
ject to an extreme test the republican
system of government itself, it is their
firm and deliberate purpose to condemn
any solution of the existing political
problems that involves the exhibition of
armed force, or that move through any
other channel than the prescribed form
of the Constitution, or the peaceful
agencies of law; trusting that a solution
may be had which, while maintaining
the peace of the country, shall do no
violence to the constitutional safeguards
of popular right, and will ten i still firm
ly to unite the poople of all the States
in an earnest effort to preserve the peace
and sustain the laws and the Constitu
tion. I am, very respectfully, your obe
dient servant,
(Signed) Wade Hampton,
Governor of South Carolina.
His Excellency, H. B. Hayes, Governor
of Ohio,
P. S.—As the settlement of the vexed
political questions which now agitate
the public mind must ultimately depend
on yourself or upon your distinguished
competitor for the Presidency, I have
addressed a letter similar to this to his
Excellency, Governor Tilden.
Yours, Wade Hampton.
[.Special Dispatch to the News and Courier .]
Columbia, Thursday Night, Decem
ber 28.—The House Congressional Sub-
Committee spent the day in examining
witnesses, white and colored, relative to
the alleged intimidation of Republican
voters, and adjourned this evening sine
die. The committee, composed of Mr.
Sayler, Chairman, and Judge Lawrence
and Abbott, give it as their conclusion,
after a most careful examination lasting
three weeks, that they believe that a
majority of the votes aotually cast by
the voters of the State is for the Hayes
and Wheeler electors, as shown by the
precinct managers’ returns, and that
majority runs from 600 to 800, without
questioning asy of the returns. If this
was any thing but a great national
question and was to be decided upon
mere techinal points, there are prob
ably precinots enough where the vole
was marked by fatal irregularities to
overturn this result.
I asked as to the result in regard to
the State ticket.
My informant (Mr. Sayler) replied :
’‘So far as the State election is con
cerned, there is no doubt that Hampton
is elected by eleven hundred majority,
and in my judgment the balance of the
Democratic State ticket is also elected.”
I asked if the investigation was con
cluded. He said it was, as the work of
the sub-comipittee is done and it will
not assemble here again. The Charles
ton Committee will probably be detain
ed there until Sunday or Monday. Mr.
Sayler also stated that the Robbins box
was the only one thrown out, as it was
not claimed, even by the Republicans.
As the box was open only from about 2
to 6 o’clock, it woqld have required six
men to the minute to be sworn and
voted to make up the number claimed to
have legally voted there. In regard to
the testimony of the United States offi
cers, Mr. Saylor said: ‘-The testimony
of these gentlemen entirely sets aside
that of the negroes as to the intimida
tion at the polls, and these officers were
brought in to testify without any re
ference to their politics, for the purpose
of getting an important and unbiased
statement upon this head.” In reference
to the Ellenton riot he said that it had
no political significance, and was not
regarded by the committee at all, even
by the Republican members.
In conclusion, Mr. Sayler said : “I
think Hampton will be Governor of this
State. He is elected and ought to be.
There is do question about his election,
in my judgment. If thp returns indicate
the election of Hayes, as no doubt they
do, much more do they indicate the
election of Hampton; and I say withont
any mental reservation whatever, that I
think that Hayes and Wheeler, and
Hampton and tne entire State ticket
have been elected by a decisive majori
ty-”
CAPT. BOYNTON,
He Swims Eight Hundred Miles Down the
River Po.
The London Daily Telegraph, of the
9th instant, says: Intelligence was re
ceived last evening that Captain Boyton
had accomplished the feat of swimming
down the river from Turin to Ferrara, a
distance of 800 miles. On reaching the
latter place he is stated to have been re
ceived with great enthusiasm by the for
eign as well as Italian residents. In No
vember he swam from Turin to Css tel
Nuoyo'in ftis fife saving dregs, 260 miles,
in eighty-three hours, but was obliged
to leave the water, feeling that a fever,
caused by the malarious atmosphere of
the river and his exertions, was coming
upon him. He was'laid uji for several
days at Castel Nuovo. On starting
again from that place, however, he com
pleted the journey down the Po to Fer
rara, 280 miles, in ninety-six hours,
without a break. This he states to be
the last- as it has been the longest, of
Ids feats,
-
INDIAN MURDERS.
Two Couriers and a Mail Carrier Sealaed at
Red dead.
Cheyenne, December 30. -The courier
from Bed Cloud reports the killing of
two couriers, a mail carrier and wood
ohopper near there by Indians.
STATE SUPREME COURT.
DECISIONS RENDERED IN AT
LANTA, GEORGIA, DECEMBER
26, 1876.
l Atlanta Constitution .l
Hayden vs. Anderson, et at. Claim, from
Morgan.
Warner, C. J.
This was a claim case, on the trial of
which the jury found the property sub
ject to the execution levied thereon.
The claimant made a motion for anew
trial on the various grounds therein set
forth, which was overruled by the Court,
and the claimant excepted. Two -of
the main grounds of error insisted ou
here were that the Court erred in not
ruling out, as evidence, the plaintiff’s
ft. fa., and the decree on which it was
issued, on the ground that no valid
decree had been entered up iu the case,
and also that the Court erred iu holding
that the bond signed by W. L. Thrash
er, as security on the stay of execution,
was in law a good statutory stay bond,
and created a lien on his property from
the dtts of the execution thereof. It ap
pears from the evidence in the reoord
that the jury on the trial of the equity
cause found and decreed in favor of the
complainants against the defendants a
certain specified sum of money, which
was fully and specially set forth in the
verdiot.
The Chancellor made and signed the
following on the 12 th of May, 1875:
“Upon hearing and considering the
foregoing verdict and decree of the jury,
it is adjudged and decreed that the same
is hereby adopted and approved, aud is
now signed by me.” The bond for the
stay of execution entered ou the minutes
of the Court, and signed by both par
ties named therein, was as follows, to
wit: “Jas. C. Anderson, et al. vs. Early
W. Thasher, executor of Barton Thrash
er, deceased. Verdict and decree for
the complainants for ten thousand dol
lais, principal and costs, against E. W.
Thrasher, individually. The defendant
in the above stated case comes forward
and demands a stay of execution accord
ing to the statute in such oases made aud
provided, and brings Albert M. Thrash
er, Wilson L. Thrasher, aud the firm of
Thrasher & Thrasher, composed of Bar
ton H. Thrasher and Albert M. Thrash
er, and they, the said Early W. Thrash
er, Albert M. Thrasher, Wilson L.
Thrasher, and Thrasher & Thrasher, ac
knowledge themselves jointly and sever
ally bound unto James C. Anderson, et
al., complainants in the above stated
case, for the payment of the said ver
diot, and decree, and costs in said cause.
In testimony whereof the said Early W.
Thrasher, Albert M. Thrasher, Wilson
L. Thrashar, and I’hrnsher & Thrasher
have hereunto sent their hands and af
fixed their seals this 12th of May, 1875.
Approved, E. Heyser, clerk.” The
claimant olaims title to the property
levied on under deeds conveying the
same to him by the descendants and an
assignment of a bond for titles to a por
tion of the property, all executed on the
2d day of June, 1875, and one of the
questions is, whether the property of
W. L. Trasher, one of the securities on
on the stay of execution, was stayed
from the date of the stay bond signed by
him ?
By the judiciary act of 1799, the
property of the defendant was bound
from the signing of the judgment, but
the defendant against whom suoh judg
ment was entered might, within four
days from the adjournment of the Court,
enter good and sufficient security, eith
er in open Court or in the Clerk’s office,
for the payment of said judgment and
cost, within sixty days, and if such par
ty shall not pay the same agreeable
thereto, execution may issue against
suoh party and the security, without
any other proceeding thereon. Such
has been the law of this State from
1799 up to the present time. See Code,
§§3661, 3662. The uniform construc
tion which has been given to this stat
ute, so far as is known or believed, from
the time of its enactmeut in 1799 up to
this day, has been that the property of
the security on the stay of executiou
was bound for the payment of the judg
ment from the date of the stay bond
signed by him. But it is said that the
statute does not declare that the bond
shall constitute a lien on the property
of the security. The act of 1799, how
ever, declares that the property
of the defendant iu the judgment
shall be bound from the signing thereof,
and that execution may issue against
him aud the security, without any other
proceeding thereon. If it was not in
tended that the property of the security
on the stay of execution should be
bound for the payment of the judgment
in the same manner as the defendant
therein, why declare that execution
might issue against the defendant in the
judgment aud the security, without any
other proceeding thereon ? An execu
tion is the remedy provided by law to
enforce the sale of property bound for
the payment, either by the terms of
some statutory enactment or otherwise.
The property of the security ou the stay
of execution, iu this State, is bound for
the payment of the judgment by force
of the statute, and that is the fair and
legitimate interpretation thereof when it
declares that the execution shall issue
against the defendant in the judgment
aud the security, withont any other pro
ceeding thereon. Why authorize the
execution to issue against the security
without any other proceeding thereon,
if it had not been intended that his
property should be bound for the pay
ment of the judgment, as well as that of
the defendant therein ? If the property
of the security, ou the stay of execu
tion, was not intended to be bound for
the payment of the judgment from the
time of his signing his name to the stay
bond or recognizance in the Clerk’s office,
there would seem to be no good reason for
an execution to issue against him, as
well as the principal defendant, to col
lect the amount due on that judgment.
Besides, the property of the security on
the stay of execution is not bound for
the payment of the judgment from the
date of the stay bond the plaintiff who
has been delayed in the collection of his
judgment for sixty days, derives no
benefit from the securing during the
time of the delay and has no additional
property bound for its payment during
that time. The statute clearly contem
plates that the property of the security
shall be bound for the payment of the
plaintiff’s judgment, in authorizing an
execution to issue against him therefor
by some “proceeding.” What is that
proceeding? Evidently, that good and
sufficient security shall be entered either
in open Court, or in the Clerk’s office,
within four days, for the payment of the
judgment and costs within sixty days.
The act of 1799 did not require that a
bond should be given, as the Code now
does, but that good and sufficient
security mqst be entered for the pay
ment of the judgment and costs ;
that is the “proceeding” which binds
the property of the security to pay
the judgment according to the
statute, and when that proceeding is
had, the property of the security is
bound for the payment of the plaintiffs
judgment, just as it then stands, from
the date of that proceeding, beoause
the execution is authorized by the sta
tute to be issued against the security,
without any “other proceeding there
on,” The execution must necessarily
relate back to that proceeding of en
tering the security in the Clerk’s office
for the payment of the judgment for its
foundation and legal support, for the
simple reason that it has no other, and
if that proceeding does not bind the
property of the security on tfie Qtay
bond, so as to authorize tfie plaintiff to
have execution against him, then there
is no legal authority for the plaintiff in
the judgment to have execution against
the security on the stay thereof, after
the expiration of the sixty days. It is
that proceeding in the Clerk’s office
before referred to, and that alone,
which binds the property of the se
curity aud authorises the plaintiff iu
the judgment to and sell the
same,'under an execution against him iq :
satisfaction of that judgment. If that •
proceeding in the Clerk’s office, as de
clared by the statute, does not bind the
property of the security for the paymeut
of the plaintiff’s judgment, then it is not
bound at all, and there is no legal au
thority for issuing an execution against
the property of the security to satisfy
the plaintiff’s judgment; but the statute
recognizes that procediDg as binding the
property of the security, when it de
clares that execution may issue against
the defendant in the judgmeut and the
security, “without any other proceeding
thereon,The statute does not declare
that the property of the security shall be
bound for the payment of the judgment
from the time of issuing or of levying
the execution, and the only logical con..
elusion is that the property tfje seen ;
rity is bound fo? the' payment of the
judgment from Vhe time of signing the 1
bond, withont any other proceeding for
that purpose. Such it is believed has
been the contemporaneous construction :
of the act of 1799, and that the bench j
and bar and people or the State have ac
quiesced in that construction up to the
present time.
But be that as it may, the deeds un
der which the claimant olaims title to
the property levied on were executed by
the defendants to him through his
agents, A. M. & B. H. Thrasher (the
claimant not being present), u?hq *eia
both securities qn W
as a matter of course had full knowledge
of its existence, who were the parties to,
it. as well as of the existence of the
judgment on which the execution was
stayed. Notice to the claimant a agent?,
through whom the property was pur
chased from the defendants, was notice
to him of the above recited facts, inas
much as they must necessarily have had
notice of them at the time of the al
leged trade and conveyance of the prop
erty—Code, 2200. In point of fact, it
would seem from the evidence in the
reoord that the claimant had but little
to do in negotiating the trade for the
property and taking the conveyance
therefor; that part of the business ap
pears to have been managed entirely by
Thrasher & Thrasher, who acted as his
agents and who were two of the securi
ties on the stay bond, and who must
have known at that time, as his agents,
all about the condition of the property
and of the incumbrances that were upon
it, and must have remembered it at the
time.
As to the property levied ou as the
property of Early W. Thrasher, the
principal defendant in the judgment,
and conveyed by him to J. J. Thrasher,
aud who executed a bond for titles
therefor to W. L. Thrasher, who as
signed said bond for titles to Hayden,
the claimant, it appears that all the
purohase money had not been paid for
the property at the time of the assign
ment of the bond to the claimant, on
the 2d of June, 1875. If the convey
ance of the property by Early W.
Thrasher to J. J. Thrasher was a fair
and bona fide transaction, and not in
tended to hinder and delay the collec
tion of the plaintiff’s demand against
him, then the title to that property is
in J. J. Thrasher, and not in the claim
ant, who had no legal right or author
ity, so far as the record shows, to claim
J. J. Thrasher’s property for him. The
evidence in the record is that the de
fendant, E. W. Thrasher, continued in
possession of the property until after
the date of the'judgment against him,
and up to a short time before the levy
was made thereon by the sheriff. The
decree which the Chancellor signed was
not as formal as it might have been,
or good pleading may have required,
but it was a substantial co npliauce with
the Code, referring to the verdict, and
adopting it as a decree of the Court; it
was sufficiently certain for all legal aud
praotieal purposes.
In view of the evidence contained in
the record, and the law applicable there
to, there was no error in the judgment
of the Court in overruling the claim
ant’s motion for anew trial. Let the
judgment of the Court below be af
firmed.
Pease vs. Dibble & Bunce. Sci. fa.,
from Mclntosh.
Warner, C. J.
This case came before the Court be
low on a scire facias to revive a judg
ment. The defendant pleaded that the
judgment had been paid, and on the
trial of that issue the jury, under the
charge of the Court, found a verdict in
favor of the plaintiffs. The defendant
made a motion for anew trial on the
several grounds therein set forth, which
was overruled by the Court, aud the de
fendant excepted. The evidenoe iu the
reoord as to the payment of the
judgment was conflicting, and the
charge of the Court was quite as favor
able for the defendant as he was enti
tled to under the evidence. It appears
from the defendant’s own testimony
that, whiist the plaintiff’s claim was in
the ban is of Baoeu, as their attorney,
for collection, that he also placed in
Bacon’s hands a claim of his own
against another person, aud instructed
him to collect the same and apply it to
the payment of the plaintiffs’ judg
ment, which he agreed to do; that he
collected the the money and failed to ap
ply it as instructed. So far as the col
lecti n of the claim placed in Bacon’s
hands by the defendant, with instruc
tions as to the application of the pro
ceeds thereof when collected, was con
cerned, Bacon was the attorney of the
. defendant and not the attorney of the
plantiffs, and it does not appear that
they had any knowledge of the transac
tion between Bacon aud the defendant
whatever. If Bacon has collected
money for the defendant on claims
placed in his hands, and has failed to
apply the same as instructed or to
properly account therefor, then he
must proceed against Mr. Bacon, and
not charge the ■ plaintiffs with it, who
had nothing to do with that matter, so
far as it appears from the evidence in
the record before us. There was noth
ing in the motion for anew trial, ou the
ground of newly discovered evidence,
which would have authorized the Court
to grant it. Let the judgment of the
Court below be affirmed. /
Foster, administrator, vs. Reid. Motion,
from Morgan.
Bleckley, J.
Where the plaintiff, in a judgmeut
more than seven years old, has had it
revived by seire facias, as having be
come dormant, it is a lien on the defend
ant’s property from the date of revival
only; and so long as the judgment of
revival is unreversed, the same having
been rendered by the Court having ju
risdiction, the fact that the original
judgment was dormant, whether true or
false, is res adjudicata, and is not open
to question on a motion to distribute
money arising from the sale of the de
fendant’s property. 9 Ga., 117; 10 lb.,
371; 13 lb. 223. Judgment affirmed.
Smith vs. Ehlen. Complaint, from
City Court of Savannah.
Bleckley, J.
Though this Court is satisfied with
the verdict, and would not, on the evi
dence in the record, have granted anew
trial, it will defer to the Judge who pre
sided, not being able to say that he
abused the discretion with which he is
beiDg clothed by law. The first grant of
anew trial, where no controlling ques
tion of law is involved, is generally to
be aoquiesced in. 54 Ga. 611; 55 lb.
416; 56 lb. 249, 398. Judgment affirmed.
Thomas F. Bealle vs. The Southern
Bank of the State of Georgia. Tro
ver, from Chatham.
Jackson, J.
The bona fide holder of negotiable
bonds, payable to the bearer and not
due, deposited by the bearer as collate
ral security for the loan of money, will
be protected in his title, even against
the true owner, until the borrowed
money be paid or he realize thereon to
indemnify himself. Section 2139 of the
Code must be construed to harmonize
with sections 2639, 2785 and 2789 of the
Code, and with universal commercial
law; and will be restricted to its very
letter, if necessary so to restrict its
meaning, in order not to unsettle long
established law and usage, especially as
the section is awkwardly expressed, am
biguous and uncertain. The whole sub
ject needs legislation. Judgment af
firmed.
THE HERALD ON HILL.
What the New York Hernld Thinks of Mr.
IIIII’m Jjeiter.
'Jhe manly letter of Hon. Benjamin
Hill, in reply to political assailants in
his own party, will strengthen that con
fidence in his patriotism which his
course dnring this session has done so
much to inspire. It seems to be one
purpose of the bulldozing political fa
natics to assail the reputation of every
public man whose influence is exerted
on the side of moderation and peace.
Henoe the reckless demagogues fill the
air with unfounded stories that the
Southern Democrats, whose bearing is
so admirable in this crisis, arc arrang
ing to sell out the Democratic party to
Hayes. Mr. Hill disdains to take no
tice of every petty calumny, but he
shows witk convincing clearness that he
has done nothing dnring the session at
which his party can take any jnst of
fense. In the three general caucuses
which have been held by the Demo
cratic members he has made but
one motion, and that was unani
mously adopted, after listening
to his speech, whoso temper and spirit
every map present approved. There
ha*e been frequent conferences of a
njiore limited number in which he has
made motions and suggestions, every
one of which has been adopted, and
some o* inem with entire unanimity.
He denies that he has expressed dis
trust of Northern Democrats; denies
that ho has lost faith in Mr. Tilden’s
election; denies that he has made, is
making, or is willing to make, a trade or
arrangement with Mr. Hayes. He says
that Tilden had some votes, that Hayes
had some votes, and that ji would be
better to have either of them for Presi
dent than a man who received no votes
at all. He i,s in favor of a fair and
honest counting of the votes, and when
that is secured he means to abide by it,
as he thinks every other man will, North
and South, who is not willing to de
stroy his country. All candid eitiitens
will honor Mr. Hill for *\i* upright and
patriotic ceuisQt
FORGERIES AND FRAUD.
Fictitious Bills of Lading—Alleged Embez
zlement—Acquisition Refused—Counterfeit
Half Dollars.
Boston, December 30. —In 1873 Henry
C. Thatcher, cotton broker of this city,
paid 86,300 on drafts made by Dickson
Brothers, of Memphis, Tenn. The bills
of lading attached to the drafts were, it
is alleged, fictitious, and Thatcher had
the Dickinsons arrested by Boston de
tectives on a requisition issued by Gov
ernor Rice, of Massachusetts. The Gov
ernoy of Tennessee now released the
Diekinsons on the ground that they can
not be tried in Massachusetts for an of
fense committed in Tennessee. Coun
terfeit half dollars, supposed to be cast
from dies captured from the New Or
leans reach here from the South.
Owing to the demoralized condition
of the State press, the “People and Pa
pers” make an awkward appearance this
morning.
S COL. J. BULOW CAMPBELL.
The Right Man in the Right Place.
I MiUedgeoiUe Union and Recorder .J
As there are so many men wanting
office these dayif, we doubt not but that
Governor Colquitt will have the greatest
number of applications for all the places
within his gift —especially will many
apply to be one of his secretaries or
clerks. But there is one position that
we hope the Governor will make no
change in, and that is the position of
Financial Secretary. Col. Bulow Camp
bell, formerly of this place, now holds
it. He is one of the most courteous,
polite and kind and obliging gentlemen
we ever knew, aud holding the position
under Governor Brown, he was a uni
versal favorite with every one who had
any moneyed transactions with the
State. Governor Smith, upon going
into office, having appointed Col. Camp
bell to his old position, we doubt not
but that he has given the same satis
faction that he gave while with Gover
nor Brown. His experience in the po
sition he now occupies, with his tine
sense and good judgment, certainly
makes him not only the readiest, but
perhaps the safest (or least liable to
commit errors) of any man in the State
—at least suoh is our opinion. So view
ing the matter—aud in common with all
of our citizens, feeling a warm attach
ment for him and desiring him retained
where he has heretofore acted his part
so well. As Governor Colquitt will
make this appointment within a couple
of weeks, we have concluded at this
time to give expression to our views and
feelings iu the matter.
HIPPODROME DENTISTRY.
How Baby “Bubn” Was Relieved ol a Bad
Toothache.
[New York Herald.]
The baby hippopotamus “Baba ” has
become the ohief pet of the aquarium,
much to the disgust of the trained seal
and the learned otter. Baba is dooile,
and when not following his keeper lies
quietly by in a sunny spot near one of
the windows ou the Thirty-fifth street
side, where, with lazy content, ho sub
mits to having his ears scratched by the
children. Baba has his troubles, how
ever, and for the past day or two had
evidently been suffering from some
derangement. “ Doc,” his keeper,
finally decided it was toothaohe.—
An examination showed, in fact, that
one of his milk teeth was badly de
cayed. “Doe’’said it must come out,
and speedily improvised forceps out
of a pair of gasnippers. Baba obedi
ently opened his mouth and “ Doc ”
laid hold of the tooth. Then the forceps
slipped aud the keeper sat down with a
bump amid the suppressed laughter and
ironical applau-e of the spectators,
while Baba looked lazily out of his half
closed eyes as if to say, ‘ What is all
this fuss about?” When with grim de
termination “Doo” approaohed again,
Baba uttered a rather dissatisfied grunt,
but opened his mouth. This time the
tongs held, and a strong pull proved
too much for Baba’s equanimty. He
got to his legs with a 600-pound jump.
“Doc” held on with all his might; there
was a moment of breathless suspense,
aud then the keeper again suddenly took
a sittiug posture, waving, however, with
a triumphant air the huge forceps, in
the jaws of which glistened the large
white molar. Baba trotted off a few
steps, and stood for a moment gasping
ut his keeper. He shook his head as if
to see that everything was all right, and
then came and rubbed his head against
his friend as if to express thanks. A
rinse of the mouth with a sponge and
Baba was himself again, and trotted
contentedly after his keeper, the pair
being followed by a crowd of admirers.
AN HONEST COUNT.
Will Hie Committees Neo to it ¥—'Tlie Com
mittees Are DoinK Their BcNt—Will the
Floridu Supreme Court Mee to it f—Alas,
No News from Them—Will Menutor Blaine
Join Colliding and Nee to it ¥— I The Herald
and Non Nay lie Will—Does the Situation
Indicate it ¥—Most Emphatically, it Does.
Jacksonville, Fla., December 30. —
The Senate Committee is Btill in session
here. No important developments.
The sub committees of the House have,
not yet returned.
The Republican leaders here give np
the State to Drew.
New Orleans, December 30. —The
Senate Committee is engaged in hearing
Republican testimony in regard to
bulldozing in Ouachita and the
Senute sub-Committee in relation to East
Baton Rogue. The interest in the in
vestigations has abated considerably
owing to a surfeit of contradictory esti
mations and the approaching struggle
of the parties for the control of the
State government.
New York, December 30.— A Herald
editorial under the caption “The Pros
pect of an Honest Court,” commenoes;
“A noteworthy Washington dispatch in
the Sun yesterday, strongly corrobo
rates the intelligence which we|received
six or eight days ago from our own
sources of intelligence. Our informa
tion was confidential, aud we wore only
permitted to shadow forth its substance
without liberty to state details. The
correspondent of the Sun obtained
greater liberty from his informants, and
we are glad to find our private advices
publicly confirmed from a source which
we have many reasons for deeming trust
worthy. We knew that trusted Republican
Senators were only waiting for a proper
time to act, aud the intelligent dispatch
to the Sim partially relieves us from the
pledge of secrecy respecting names and
details by which our own correspondents
consented to be bound. According to
the information of the Sun, Mr. Blaine
as well as Mr. Conkling, stands
ready to abjure party in the in
terest of justioe and neither of them
will be a particeps criminis to the
counting iu of Mr. Hayes if it shall
appear on a candid review of the evi
dence that he was not fairly elected.
This not only accords with our own in
formation but with the intrinsic prob
abilities of the situation.
WASHINGTON DOTS.
No .SeMlon of Congrew Yesterday—Ur not
and Ferry— The Counterfeit Note—Oregon
Investigation—Metereoloffienl—The Wet
ern Union Telegraph Couipuny.
Washington, December 30. The
House adjourned to Wednesday without
business. Senate—no session.
Ferry, President of the Senate, had a
long interview with Grant to-day.
The thousand dollar counterfeit bill
is a dangerous one, which fonnd its way
to the Treasury. It had been taken by
a bank aud paid out again.
Oregon investigation by the Privilege
and Elections Committe develops noth
ing new.
The Seoretary of the Navy has order
ed meteorological observations at 7:35,
ft. m., Washington time, on. all vessels
every day wherever they may be.—
These records will form a part of the
bulletins of international meteoroligioal
observations, Barnes, New Orleans
Telegraph Manager, has not arrived. It
is understood the telegraph authorities
have taken no steps toward obeying the
subpoenas, but neither have they taken
steps to defeat them. They are waiting
for developments in the case of Barnes,
round whose person revolve the ques
tion of their duties and privileges.
Major George Bell is ordered to re
port to the commanding General of the
Department of the South, at Atlanta,
as Chief Commissary of that Depart
ment,
Captain Cushing is ordered to the
Pacific.
How a Merchant Wo* Done For.
[Boston Glotie.]
A very ingenious swindle was lately
perpetrated on a prominent dry goods
house by a finely dreaud lady who ap
peared in the shawl department, and
after a careful examination, selected a
camels’ hair shawl costing abont 8100,
for which she tendered in payment a
81,000 bill, which was carefully scrutin
ized by the oashier, who, doubting his
own power of discrimination, dispatched
a messenger to the bank to ascertain the
genuineness of the bill In a short time
the messenger returned and announced
in an andible tone that the cashier of the
bank said that (he bill was good. The
lady upon bearing this waxed exceeding
wroth and demoded to know “whether
ho thought that she would attempt to
pass a counterfeit bill.” Of course apolo
gies and explanations were of no avail;
she refused to purchase the shawl, de
manded her money, and departed from
the store the very embodiment of right
eous indignation, A couple of hours
afterwards she returned considerably
mollified* and confessed that she was
pleased with the shawl, and that her in
ability to find one which she liked as
well was the only reason she returned,
and she concluded to take it. The
obliging salesman delightedly wrapped
np the shawl, while the courteous cash
ier, disdaining to entertain a suspicion
against suoh a lady, proceeded to oount
ont the 8900 change, with which and
her shawl the lady departed. The feel
ings of that storekeeper ean be better
imagined than described when he awoke
to the realizing sense of the faot that hia
lady customer had, after all bis precau
tion, succeeded in passing upon him a
counterfeit 81,000 bill. •
This is a dangerous season, and often
the fondest mother’s care is no protec
tion against Coughs and Cold and
Hoarseness. Dr. Bull’s Cough Syrup
should therefore be kept in readiness.
Price, 25 cents.