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WEDNESDAY - JANUARY 10, 1877.
A CABINET OFFICERS VIEWS.
A member of the Cabinet, in a recent
conversation with a correspondent of
the New York Herald, expressed him
self as follows on the subject of the
Presidency :
Looking at the future of the Republican
party I do not really believe that it will be for
its ultimate advantage that it should continue
in power under Mr. Hates. I do not mean to
say that Mr. Hates has not been elected, but
the suspicion of a non-election attaches to him
and will attach to the Republican party during
the next four years. In my opinion the se
verest blow that we could deal the Democratic
party at the present time would be to surren
der our position and allow Mr. Thjjev to be in
augurated. The position then would be this :
He would have the House, the Republican
party would have the Senate, so that no very
great harm could be done. The laws, I mean
the organic laws growing out of the amend
ments to the Constitution and the reconstruc
tion policy, could not be changed, and his ad
ministration would have to encounter the
question of our financial, commercial and in
dustrial depression and provide a remedy.
This no administration could do, because onr
present unfortunate condition is due to causes
over which administrations have little or no
control. „
Commodore Vanderbilt is gone. He
declined to take any of hia money with
him, bat liberally left his eighty-five
millions behind,
The Albany News is warmly in favor
of a Constitutional Convention. We do
not know of a single paper in the State
that now opposes the measure.
Senator Norwood and his friend,
“the genial Judge,” have stirred np u
hornet’s nest in Georgia. The stinging
will probably commence on the 23d of
this month, ,
When Senator John Sherman, of
Ohio, commences to preach of “moder
ation and patriotism” we may feel as
sured that something unusually rascally
is in process of incubation.
Unless we are very much mistaken
Senator Norwood will have cause to
curse the hour when he gave his
thoughts to the keeping of that brilliant
Bohemian, George Alfred Townsend.
The suit of H. H. Boody, one of the
Chapman gang that gutted the Augusta
and Hartwell Railway, against Governor
Tilden has been dismissed because the
plaintiff refused to appear at the trial.
We are sorry to see that Hod. B. H.
Hill is being praised by the National
Republican — Grant's personal organ.
We have defended him ourselves from
nnjust attacks, but we do not desire to
be on the same side wtth Mubtaoh &
Cos.
The tax payers of Louisiana are imi
tating the example set them by the tax
payers of South Carolina. They will
only pay taxes to the legal State govern
ment. This is the proper policy. Star
vation is the only argument that thieves
can understand.
It is some consolation for the oitizens
of Augusta who complain so grievously
of city taxation to know that mnnioipal
taxation in New York this year amounts
to two eighty-five per cent. The people
there are congratulating themselves that
the rate has not been raised.
The Columbus Enquirer says that
Hon. A. H. Stephens is now engaged
writing letters to members of the Legis
lature urging the re-election of Mr.
Nobwood to the Senate. It is generally
known that Mr. Stephens is not par
ticularly partial to either Mr. Bill or
Governor Smith.
Brother Blaine is safe in port for
several years to oome. He has been
elected to the Senate for the short term,
expiring next March, and also, for the
long term, expiring Maroh 4th, 1883.
Brother Blaine oan now afford to re
store Mulligan’s letters and to lead a
godly life.
A Washington special to the Louis
ville Courier-Journal intimates that
there is a “bare prospect” of anew
election beiDg ordered for May. What
ia the ÜBe ? If Returning Board rascals
cheated us in November Returning
Board rascals will repeat their villainy
is May. Tilden is elected and will be
inangnrated.
Mr. James Gordon Bennett’s mar
riage engagement has been declared
“off” and the young lady’s brother has
eowhided the proprietor of the New
York Herald. The reason of the assault
is not given, but it has brought Miss
Mat into very disagreeable notoriety.
About forty years ago Mr. Bennett’s
father had a similar affair with General
Jambs Watson Webb, not about a lady,
but about politics.
Senator Kelly, of Oregon, who was
in the adjoining room when the Oregon
electoral dispute, occurred, states posi
tively that the Republican eleotors re
fused to aot with Cronin, and that the
action of the latter was carefully taken
with reference to this contingency, which
had been foreseen. The question was
put by Cronin to the two Hayes eleo
tors, and was repeated by the Demo
cratic elector selected by Cbonin before
he proceeded to act.
There will be a good crop of eclipses
this year. A total eclipse of the moon
on February 27, visible in the United
States; a partial eclipse of the sun on
March 14, visible in Western Asia; a
partial eclipse of the sun on August 8,
visible in Alaska, Kamschatka and the
North Paoifio Ocean; a total eclipse of
the moon on August 23, partly visible
in the Eastern and Southern States; and
a partial eclipse of the sun on Septem
ber 7, visible in South Amerioa. The
smoked-glass trade should begin to
govern itself accordingly.
i)s Soto is only one of twenty-two
parishes in Louisiana the returns from
which were purged by the Returning
Board of certain polls giving Democrat
ic majorities in order that the Republi
can ticket—National and State—might
be counted in. Yet the Republican can
didate for the Legislature and the Re
publican candidate for Sheriff in De
Soto Parish at the recent election both
declare that the election was fair, free
and peaceable, and that they were de
feated at the polls. In this parish a
Democratic majority of several hundred
was transformed into a Republican ma
jority. ,
A movement, which promises to be
(snowsfil, is being made in Connecti
cut, to have the savings banks reduce
their rate of interest from 6 to 5 per
cent. There really seems to be no good
reason why banking institutions and
money lenders should be exempt from
the general tendency of everything to
l o> ver values, which must come ultimate
ly to all business pursuits. The banks
have b.' en accumulating money rapidly
for some M me > and the great question
with them is how to lend it safely and
profitably. | |L
The Galveston NexJ g (Dem.) does not
regard General Hampton 8 e^ter *° Gov
ernor Hayes in the same light *hat most
Democratic journals do. Its com
ments are as follows •
Hampton’s letter to Hates must be regarded
as another fine stroke of policy by that master
of political tact. It places the cause of good
government in South Carolina, which is (till
aadly misunderstood, by many of Mr. Hates’
partisans, in anew and striking light before
all intelligent Republicans who have been mis
led as to the actual condition of thinga in that
unhappy State and the nature of the political
eoofiict there. This we snppoee to have been
its sole purpose, as the similar communication
to Mr. Tildes saves General Hampton from
uny possible suspicion of a bargain, and sach
• purpose, it is to be hoped, the latter will ma
terially subserve.
The Louisiana tax payers vow materi
al and financial support to NiohoU’a gov- >
J
THE COUNTY ELECTION.
The citizens of Richmond county are
to be congratulated upon the result of
Wednesday’s election. The wholeDetmx
cratic ticket was elected by majorities
ranging from four hundred to two thou
aand votes. The Independents were
completely routed, and the supremacy
of party organization was maintained st
s time when defeat might have proved
ruinous in the future. The victory just
won shows conclusively that the or
ganised Democracy is
Richmond. Twice have ita ranks
been assailed within the past three
months—at the State and at the
County election —and each time
the assault was fierce and deter
mined. Bat each time the attack was
repulsed and the enemy routed. The
last triumph was more complete than
the first. The election in October was
the Gravelotte, the contest of Wednes
day was the Sedan of the disorganiz
es. It has now been proven that
Richmond County is thoroughly Demo
cratic, and will remain so at every
election—under any and all circum
stances. It is true that the issue was
not made between Democracy and Re
publicanism. The opposing candidates
were not Republicans, and we do not call
them such. Bnt they were running in
opposition to the regularly nominated
candidates of the Democratic party;
they had been endorsed by a Repub
licin County Convention; and they
had been endorsed by the Anti-Ca
tholic Society, an organization which
seems to have for its primary
object the disruption and defeat of the
Democratic party—hence the orushing
defeat which these gentlemen encoun
tered at the polls two days ago.
We congratulate the people of the
County upon having selected such good
men to serve them for the next two
years. The Democracy did well in
selecting their best men for standard
bearers. The result baa proven the wis
dom of their ohojee. Judge James T.
Bothwell, the new Ordinary, is one of
onr old and well known citizens. He
has been for many years one of the
leading merchants of Augusta and
has made himself a reputation all
over Middle Georgia for honor
and integrity. He is a good busi
ness man and will satisfactorily conduct
the affairs of the important offiee to
whioh he has been elected. Mr. C. H.
Sibley has been eleoted Sheriff for the
fourth time. His first raoe was when
Radicalism met its first decisive defeat
in this county. Since that time he has
approved himself an honorable and
upright man and a conscientious, effi
cient and oourteons official. His dis
charge of delicate find highly re
sponsible duties, has given general sat
isfaction, and has been endorsed in the
most gratifying manner. Like Mr. Sib
ley, Col. R. J. Wilson received, Wed
nesday, a fourth endorsement from his
constituents. Col. Wilson was a brave
and staunch soldier of the Lost Cause
and left an arm upon the field of battle.
His reoord in oivil has been equally as
oreditable as his Career in military life.
He has made a oapital offloer in every
respeot and well deserves the compli
ment be has received. Mr. Wm. M.
Dunbar has commenced to serve hie
third term as County Treasurer. When
a mere boy he entered the Confederate
army, displayed conspicuous gallantry
as a member of ‘ Jackson’s Batallion,”
and lost an arm at Grahamville. Ho is
a gentleman of undoubted probity of
character, and every citizen feels that in
bis keeping the funds of the County
are safe. Mr. Jno. A. Boeder has been
elected for the fonrth time Tax Collector
of the county. During his administra
tion he has never oppressed a tax payer.
Yet, at the same time, he has been one
of the best and promptest Collectors in
the State, and has, with Colonel Wil
son, more than onoe reoeived the praise
•of the Comptroller-General of the State
ou account of his efficiency. Major S.
H. Crump has entered upon his second
term of servioe as Clerk of the Superior
Court. For the last two years he has
discharged the duties of this position
to the perfect satisfaction of the Bar and
the publio. His office is a model of or
der and neatness, and the keeping of the
important records of the County could
not be entrusted to better hands. Major
Crump was a gallant soldier in two wars
—the war with Mexioo and the Confed
erate war—and has held many positions
of trust in civil life, always with oredit
to himself and to the satisfaction of
the people. Mr. John W. Taliaperro
has been re-elected Clerk of the County
Court. This office is of comparatively
recent oreation, and the fact that no one
was found to dispute its possession with
Mr. Taliaperro speaks volumes of the
manner in whioh he has discharged its
duties. .He has made a first rate offioial
and the compliment paid him of a unan
imous re-election is as flattering as it is
merited, Messrs. Thomas A. Kunze
and Edmund Morris, the gentlemen who
have been re-elected respectively Coroner
and Surveyor, are both men of unblemish
ed character and have made efficient and
honest officials. They have so conduct
ed themselves while in office as to be
come deservedly popular with the peo
ple. Altogether, we have as good a set
of County officers as it was possible to
seleot. We have nonest and able men;
we oould have nothing more.
ATI ANTA’S FINANCES.
Atlanta has a pretty large bonded and
floating debt oombined, bnt the oity
appears to be in a healthy oondi turn finan
cially. The municipal charter, which
seems to be a carefully prepared and ex
cellent instrument, provides that one
fourth of the tax realized from real es
tate shall be annually set aside for the
redaction of the debt of the city. This
provision causes about fifty thousand
dqllars per annum to be set aside as a
sinking fund, and of coarse the credit
of the oity is strengthened as the credi
tors feel snre of their money. It has
been proposed by the friendsof the pnb
lie schools to apply to the Legislature
for authority to reduce this annual con
tribution to the sinking fund abont one
half in order that the appropriations for
school purposes may be increased. This
step is strongly opposed by the Mayor
and. the Chairmain of the Finance
Committee and the discussion of the
subject has brought ont some facts very
favorable to Atlanta. The Mayor says
that the new oharter is the city’s “sheet
anchor”—that the town would have gone
to wreck without it. He says “ three
“or fonr Georgia citiee .hpve been
“ forced ,to compromise their debts,
“ and I hear that another one has de-
faulted on its January interest. (Au
“ gnsta ?) On the other hand, Atlanta’s
credit is excellent. We are paying
“ onr debts rapidly, and making no new
ones. Oar bonds are increasing in
“ value every day, and onr debt is grow-
i E g jess. In three years Atlanta’s se
“ entities will, in my opinion, oommand
“ a premium, il “ * Uowed
“ to work.” '
The Chairman of the Fins? 06
mittee explains one oanse of the
condition of money matters. He says:
VThea I same in offiee the moet of onr float
ing debt of s*Bo/00 was bearing 18 per cent,
interest. I redoeed this gradually down to 18
per cant, and bare got much of it down to 7
percent. But you will see that this redaction
had to be made gradually. We paid large
amounts last year at toe rates of 15 and 18 per
cent, on old eon tract*. Now, I do not think
there is a single note out bearing over 12 per
cent. There is very little that high. The vast
part at toe debt m at 10, and much of it at 7.
There is no need of a dollar being borrowed
at over 10 per cent. I could have got SIOO,OOO
to-day at that figure. I hare a telegram here
from a gentlemen offering me a large sum at
that rate.
It gives ns pleasure to know that At
lanta is prospering, and we oongratnlate
the people of that city pn Uviug under a
charter which makes prosperity possible.
►* - / m ■MS a!? ’
BCiUUIi WADE HAMPTON.
Some days since a Charleston corres
pondent of the Now York Timet wrote a
two column letter to that journal “ex
posing” the private life of General
Wads Hampton. The correspondent
made a number of statements impugn
ing the personal honesty of the illustri
ous Carolinian. The worst end most
speoifio charge was that after the war
General Hampton had plunged reckless
ly into debt and then defrauded his
creditors by means of a certain trust deed
in favor of his wife. One of the largest
of General Hampton’s creditors resided
in New York and the correspondent call
ed upon him to substantiate the truth
of his assertion. A Northern exohange
informs us that the gentleman thus ap
pealed to has answered and emphatical
ly and indignantly denied the truth of
the eharge. He goes even farther and
tells what he knows concerning General
Hampton’s financial misfortunes and his
conduct since the war. He says that
General Hampton’s liabilities reached
over a million of dollars, but when they
were incurred his property was largely
in excess of that amount. His property
m slaves before the war was valued at
$500,000, and this was, of course, a total
loss. He had 5,000 bales of cotton de
stroyed by fire, which at a moderate
valuation was worth $1,000,000, and bis
landed property was quiet large. His
losses forced him into bankruptcy, and
all his own property and that of his
wife, what she had inherited in her own
right, was turned over to his creditors
and faithfully applied, so far as it would
go, in discharging their claims. For
some time he was reduced to actual
poverty. His settlement with his credi
tors is declared to have been in every
respeot honorable, and he is regarded
by them as posessed of a “singularly
scrupulous and high-minded sense of
honor.” What new lie will the Times’
correspondent coin next ?
THE STRUGGLE IN CUBA.
The San Francisco Call thinks that
from what seem to be the most trust
worthy estimates, the numerical strength
of the Cuban insurgents has at no time
in these long years of war exceeded 10,-
000 men. Their actual efficiency is of
course much less than these figures rep
resent in military nations, for they are
ill disciplined, poorly equipped, and
without organized governmental sup
port. Their obstinate resistance is all
the more remarkable when it is consid
ered that the numbers opposed to them
are some 70,000, most of whom are vete
rans of the Garlist war in Spain. Of
this number, however, it was recently
stated in the Spanish Cortes, not fewer
than 50,000 are either siok or aoting as
an army of occupation, leaving but 20,-
000 for aggression. We do not know
the number of Spanish troops that have
been employed in this war altogether,
bnt, regulars and volunteers, it cannot
fall far short of 200,000. Many of the
regulars have died and many of the vol
unteers deserted. Whole battalions of
the former have been sent home invalid
ed, and others withdrawn on expiration
of their terms of servioe. Bnt as soon
as one legion of the Cubans’ enemies
melts away another takes its place. The
contest has seemed from the first entire
ly hopeless. Yet it is spiritedly con
tinned from year to year by the insur
gents, whose eonrage seems to rise with
each reverse. It is not surprising that
their heroism has enlisted the sym
pathies of many Americans who know
very little abont the merits of their
quarrel.
MINOR TOPICS.
A woman lawyer in London has just been
awarded the Joseph Hume scholarship in ju
risprudence by the oounoil of University Col
lege. She is making her way in sueh active
business at the law as is allowed to persons
who are not called to the bar; and women are
not permitted to asf ire to that as yet.
William Pitt Kellogg has ordered that the
prosecution be discontinued in the case of
Dave Young, a colored statesman of Louisiana,
who was under indictment for stealing $21,-
000. Young happens to be a State Senator,
and his vote will be needed in the Legislature;
whioh is to eleot a United States Senator. Be
sides, he is a Republican who doesn’t part his
hair in the middle.
Despite the hard times, Philadelphia does
not show muoh shrinkage in her real estate
valuation for purposes of taxation, the total
valuation being still over $800,000,000, as
against $626,000,000 at Boston, and $892,000,-
000 at New York. The assessors of New York
were quite conservative during the rise in re
fusing to mark property np, and have not had
to ohange their figures muoh to conform to
the new law in New York State requiring the
taxable valuation to be based on the market
value.
The movement in Philadelphia in favor of
removing -the-State capital from Harrisburg
to Philadelphia, has started the oapital-moving
project in various other States. New York
oity wants to be the capital of that State:
Chicago is moving to get the State capital
from Springfield, Illinois, and St. Louis, hav
ing failed to get the National oapital, ia push
ing her daws in the direction of the State
capital. The great object on made to these
obenges is the oast, in these hard times.
A singular attempt to murder was committed
by a young druggist in London a few days
arti. He had been in love with his landlady’s
daughter, bat she refused to marry him till he
was in a better position. For some unknown
reason be tried to kill her mother, who, on
awakening at 4 o’clock in the morning, felt his
hand on her throat and something like the
mouth of a small bottle on her lipß. She
struggled, the contents of the bottle were
spilled, and the young man ran away, but he
was afterward arrested and committed for
trial.
The silver poutroyersy is Buffioiently com
plex to stagger the Anglo-Saxon intellect, and
it is not strange that the Teutonic brain is
hopelessly dazed by it, especially when it is
presented in a strange tengue. A German
saloon keeper in San Francisco recently sold a
dozen bottles of lager to one of his customers,
and was offered a S2O gold pieoe in payment.
He did not have mnch silver in his cash draw
er, mid benpe was unable to make change.
The customer took back the coin, remarking
that the premuinm on the gold paid for the
beer. Hie saloon keeper shook his head, de
livered the beer and relapsed into a state of
uninqnisitive ignoranoe concerning the silver
qMMtjon. '
A vegetarian banquet, given by toe mem
bers of the London Dietetic Reform Society,
took plane in London the other evening. The
menu comprised vegetables and fruit only,
arranged in oourses, and including soups,
thirteen kinds of vegetables, seven different
kinds of sweet tarts and puddings, and six
kinds of fruit. The drink consisted of water
or milk, vegetarians not only abstaining from
toe use of flesh, but from aleofaolio liquors,end
the strictest part of them also from smoking.
The Chairman, Mr. Bicbabdsok, stated tnat
he supposed he had been chosen President
because he was a life vegetarian, never having
tasted animal food in all Lis life. Nor did be
wear any clothing, and be has canvass
shoes and even goloshes.
WHAT THE DAISY TOLD ME.
I walked to-day in the meadow
With a sad and doubting heart;
I gathered the sweet wild flowers,
And idly palled them apart.
For I heard no newe of my lover,
And rav tear* fell thick and fast,
As I lived -gain in memory
The happy days of the past.
And a bitter doubt kept whispering
These words in my startled ear:
He is weary of love's surest bondage.
He has warn it less than a year.
I gathered a snow white daisy,
And I thought of Marguerite.
But 1 said itshall be an omen,
While I heard my heart’s quick beat.
As out of my trembling fingers
I let the white leaves fall
-Li " ehe loved me dearly,
And not at aIL”
“ He loves —-
tide
Bat the blood rvehed up in * cxm*. i
From my heart to my burning check,
And filled my sonl with a tender joy
Too sweet tot my tongue to speak.
For the daisy told me he loved me.
And raising my happy eyes,
I met toe face of my lover.
Who came as a glad surprise.
Bloom an my beautiful daisy.
With messages ssd sad sweet.
You held a happy omen for me,
And ay joy is all complete.
Mr. John A. Carter, an old citizen of
Randolph county, died on last Wednes
day. He was a soldier in the war of
18i2.
FACE TO THE FOE.
AND AN RYE FIRED WITH DETER
MINATION.
Letter frem Hen. Joseph E. Brews—He Ad
vises a Firm FeUcy—The Fear of Troahle
Will Compel Wealthy RepahHcans to Do
Right—A Shrinking Attitude Will Encour
age Their lemltesaess.
[Atlanta Constitution. |
Atlanta, Ga. , December 30, 1876.
Hon. Joseph E. Brown:
Having confidence in your judgment
and in yOur political foresight and sa
gacity, and being satisfied that yon
PMMW in avery high degree the con
fidence and respect of onr people, who
are in every emergency anxious to
know your opinions and to have your
counsel, we respectfully ask you to
give ut, for publication, your views of
the present political situation. Very
respectfully,
Campbell Wallace, Clarke Howell, O.
A. Lochrane, B. F. Maddox, John H.
Thorn, James B. Wylie, C. C. Ham
mock, John Stephens, Oreo. W. Parrott,
A. B. Culberson, A. M. Perkerson, O.
0. Carroll, Hoke Smith.
Goveratr Brown’s Reply.
Atlanta, Ga., December 30, 1876.
Gentlemen —I have the honor to ac
knowledge the receipt of your communi
cation, asking my views upon the pres
ent political situation. In reply I have
to state that I do not entertain the
shadow of a doubt that Tilden and Hen
dricks were legally and fairly elected
President and Vice-President of the
United States at the election held on the
7th of November
An effort has been made by the Radi
cals by a false and fraudulent canvass of
the votes in Sonth Carolina, Florida and
Lonisiana to oonnt in Hayes and Wheel
er, and thus get the advantage of the
Governor’s certificate and the seal of the
State to enough votes to make a majori
ty for their candidates. In this way they
expected to get the benefit of a prima
facie case, and they intended to throw
obstacles in the way of any rebuttal to
their prima facie right to the inaugura
tion of their candidates.
. The result in Oregon has changed
even this, and given to the Democratic
candidates, who are in'faet fairly elected,
the advantage of the prima facie case.
This hss no doubt very mnch frustrated
the plans of the Radicals, and caused
them no little trouble. Bnt there have
been indications of a purpose on their
part to have the President of the Benate,
in violation of all usage and of every
known rale, to assume the jurisdiction
to himself to make the count and de
clare the resalt in the presence of the
two Houses of Congress, when the Con
stitution only authorizes him, as the
presiding officer of the Senate, to open
the returns in the presence of the two
Houses. It does not say that they shall
be counted by him, and I believe the
usage for three-quarters of a century
has been to coant them by tellers ap
pointed by the respective Houses. In
other words, the two houses of Congress
have the jurisdiction to coant the vote
and declare the resalt, and neither the
presiding officer of the Senate nor Honse,
nor the two oombined has any such pow
er.
I know that serions fears are enter
tained that the leading spirits of the
Radical party at Washington have de
termined to so conduct the canvass of
the votes as wrongfully to declare Hayes
and Wheeler elected, and then inaugu
rate Governor Hayes as President by
military force. This cannot be done, as
all intelligent citizens know, without a
reckless disregard of the Constitution
and laws of the United States, and a
revolution and change of onr system of
Government. Whenever a candidate
who received a minority of the votes
oast at an election, and who has been
coanted in by the most shameless and
unblushing fraud and unfairness, Bhall
have been inangnrated as President of
the United States and invested with all
the powers of that position by military
force, our Government ceases to be a
republic, and we become the snbjeots of
military despotism.
I am aware it has been said in such
an event there should be no resistance
offered either by the people or the le
gdly eleoted candidates, but that we
should submit to the outrage and vote
the party perpetrating it out of power
at the next election. In other words,
we should guard the purity of the ballot
box and abide the military usurpation.
Bnt if snch usurpation should be suc
cessful and should be acquiesced in,
what reasonable hope oan any intelli
gent person have of a better result at a
subsequent election ? Having succeed
ed by the use of such means, the party
in power wonld strengthen itß military
force and, if necessary, renew the
frauds and duplicate them again and
again at the subsequent election, and
sustain their own announcement of the
result by the use of the military. Should
the people of the United States submit
patiently and peaceably to military
usurpation on the present occasion, it is
mere mockery to talk of the peaceful
remedy of the ballot box in the future.
History shows that power once usurped
by military foroe is never surrendered
but at the point of the bayonet.
Byt you may ask me what should be
done in such an emergency. My reply
is, everything possible should be done
peaceably to avert the calamity. And
I have no donbt by the proper means it
can be done.
It is a fact which oasnot, I suppose,
be denied, that in the Northern States
the Republican party is possessed of the
larger portion of the wealth of that sec
tion. The largest bankers, brokers,
manufacturers, bondholders, etc., are
generally Republicans, and they have a
heavy pecuniary interest at stake in
maintaining the peace and prosperity of
the country. On the other hand there
may be an association of politicians be
longing to that party at Washington
who would prefer oivil war to a surren
der of power.
If the Democratic party should quiet
ly baok down, and permit itself to be
bullied, and its candidates who were
legally eleoted to be set aside and the
candidates defeated by them inaugurat
ed by military power, the large class of
wealthy persons above mentioned, while
they might disapprove the aot, would
not trouble themselves to make any de
cided demonstrations of their disappro
val. They would leave their leaders to
manage the Government, while they
gave attention to their own private in
terests. But if the Democracy stand
firmly by their rights in every section of
theUDion, and let it be distinctly known
that they intend to maintain them, the
intelligent and wealthy class of Repub
licans North, to say nothing of all other
persons loving peace and good order,
wonld doubtless unite in oompelliDg
their leaders to respect the popular will,
and would refuse to sustain them ib
revolution and military usurpation. '
I cannot entertain a donbt that a very
large majority of the intelligent people
of the North of both parties, who have
read the evidence and the different pub
lications in reference to the canvass of
the votes in Florida and Louisiana, be
lieve in their hearts that the Republican
canvassing boards have decided most
unjustly, and perpetrated a gross fraud
and ontrage upon the country. I feel
entirely satisfied that the developments
whioh have already been made in Florida
and which will be made before the time
for the inauguration of the President,
will be snch as to cause all fair-minded
men to admit that the State gave an
honest majority for Tilden and Hen
dricks. With these convictions resting
npon the minds of the intelligent people
of the North of both parties, they will
not sustain the action of a few ambi
tions and selfish leaders at Washington,
if they attempt to set aside the popular
verdict and usurp the Government by
military force. If, in the opinion of the
people, it becomes necessary to avert
snch a calamity as civil war or deadly
strife, they will make snch demonstra
tions of their disapprobation as will con
vince their representatives in Congress
that sneh a coarse eannot command
their approval and support.
My judgment, therefore, is that the
Democracy of the North, conscious as
they are that their candidates triumph
ed in the late election and were fairly
and honestly eleoted, should stand firm
ly by them and see that they are inau
gurated and placed in the full posses
sion of all the anthority and rights re
sulting from snch election. _ There
should be no hesitation, no flinching
and no backing down on their part. Let
the Northern Democrats take this course
earnestly and resolutely, and the Demo
crats of the Sonth will stand by them,
and there will be no bloodshed, no war,
no usurpation and no military revolu
tion. Ent the will of the people as ex
pressed at the ballot box will be carried
out, and peace and prosperity will be
restored. The very fact that the country
is determined not to submit to military
usurpation, if the determination is fully
understood and realized, will avert the
usurpation.
In that event, President Tilden, who
is an able lawyer and statesman, and
who was brought up in the old school of
the great statesmen, who founded and
•ot many years administered the. gov
**•- *■ will naturally, daring his ad
ornment, -U m hia power to
ministration, do " -hannels. He
bring it back into the ola ~e
will make the military, in time of p®-.
subordinate to the civil anthority, and
he will restore local self-government to
those States where the right has been
taken from them by fraud and military
usurpation, and by the end of his fonr
years’ term we shall have returned to the
old landmarks of the fathers. There
will then be no more use of the army of
the United States to control elections or
to aid in securing a fraudulent count of
the votes cast. And we will no more
see the military used to prevent the as
semblage of the legally elected Legis
lature of a State.
Every person acquainted with popular
opinion iu the Southern Statea muat ad
mit that there is a unanimity of senti
ment upon this issue which ia without
precedent or parallel Few candid per
sons deny that the grossest frauds have
been perpetreted it South Carolina,
Florida and Louisiana, by the Radicals,
to secure the votes of those States for
their candidates, in defianoe of the pop
ular will, as legally and peaoeably ex
pressed at the ballot box.
We believe Tilden and Hendricks
are fairly elected, and that the people
of the United States should see ■to it
that they are inangnrated. We are
satisfied onr Democratic brethren in the
Northern States concur with ns in this
opinion; and that they are ready to
stand by and vindicate the right.—
What then should be onr oonrse in this
crisis, when the future existence of Re
publican Government hangs in the bal
ance ? Ardently desiring a peaceful
eolation of the difficulty, we should do
no rash act. We should be quiet, dig
nified and cautions. Bnt we should be
firm and trne. We should sacrifice up
on the altar of patriotism all personal
interest and ambition whioh conflict,
with dnty. And we should have bnt a
single reply to all,’inquiries after ourjposi
tion. Which reply, expressive of onr
firm resolve, should be this: “We have
confidence in the Northern Democracy.
We leave them to decide this issue.
And we will during the emergency stand
by them with immovable firmness, be
the consequences what they may /”
This reply assumes no leadership. It
pats the Sonth in her proper position.
It fnlly accords with popular sentiment.
It will not be misunderstood. And it
will require no explanation.
Very respectfully, your fellow-citizen,
, Joseph E. Brown.
THE POLITICAL SITUATION.
The Present Condition of Affairs—A Letter
From Judge Hook, ol Aogoota, to a Goa
tlema.il of Atlanta.
[Atlanta Constitution.]
Sand Hills, Ga., December 24, 1876.
Yon say “I would like to hear yoor
opinion of the condition of the oonntry
now. Will Hayes or Tilden be inau
gurated? If neither, who will be the
President ?”
Briefly, I can say the condition of the
country is bad, very bad. It is burden
ed with a heavy debt, oppressive taxa
tion, a ruinously partial financial policy,
and general bad and inefficient Govern
ment. And yet, bad as the condition is,
it is not as bad as it may be, and will be,
if corruption in high places is allowed
longer to ignore and hide from the pop
ular view, and degrade in popular esti
mation, the pare Republican ideas and
strict eonstitntional methods, sanctified
by the wisdom of the earlier patriots.
He is no patriot who can contemplate
the present situation Without anxiety
and alarm. A vile coup d’etat “oon
oeived in sin and brought forth in ini
quity” is now placed on the political
boards by the so-called Republican
party, designed to foist npon the Ameri
can people a President and policy, abso
lutely and stroDgly condemned by them,
at the recent November election. If
thill treason to trnth, to right and jns
tioe, to honesty and common decency
and to constitutional obligation shall
triumph, you’ll readily admit that the
condition now very bad, will be a hun
dred fold worse ! Practical secession
with all its acknowledged woe
ful results, would then appear, in
comparisou, but a trifling thunder
storm to the frightful cyclone of
pestiferous fraud and dishonor that
wonld tear down with one fell swoop the
moral stamina of the people and break
in pieces the oolossal pillars that now
Support our free government. It is the
merest mockery of virtue for these in
cendiaries against constitutional liberty
to affect disgust at the action of the
Governor of Oregon. The action has
the sanction of technical law and respect
for oonstitntional requirements—while
the doctoring of the votes of Florida
and Louisiana is so palpable a fraud de
signed to cheat the people oat of their
honest ballot, that even many ardent Re
publicans choke at the thought of hav
ing to swallow the dirty pill. In the
Oregon case, one elector was ineligible,
and thus it is claimed that his vote is
lost to Hayes and inures to Tilueu’s
benefit ; but in Louisiana the ballot ac
tually polled preponderated largely in
favor of Tilden and Hendricks, and in
Florida sufficiently so to elect them by
a clear and decisive majority. Notwith
standing this fact, the President, flanked
by Chandler his right and Cameron his
left bower, seeing that outside of the
three Soathern doubtful States
Sonth Carolina, Florida and Lou
isiana—Tilden lacked one eleotoral
vote only to eleet him, resolved through
the agency of unscrupulous Returning
Boards to count Hayes in, despite the
popular vote in those States. I desire
always to be entirely faif, and I must
say here that I have naver felt fully sat
isfied that Tilden had oarried South Car
olina though Hampton surely did. What
better proof do yon ask that there was a
predetermined, deliberate pnrpose to
elect Hayes nolens volens in these
States than the oracular and impudent
ly confident announcement of Chandler,
that “Hayes has 185 votes and is elect
ed,” while the ballot olearly stood for
the Democratic candidates, and before
the infamous Retnrning Boards had
commenced their dishonest manipula
tion of the votes of freemen. He cer
tainly oould not of known the fact in
any other way, than that it was preor
dained that the Returning Boards with
their mendacious count, would come to
time, with a wicked fulfillment of his
false statement.
It is, idle to claim for the retnrning
boards the power to go behind the bal
lot boxes to see who was intimidated,
and what frauds were perpetrated on
the day of election. This would be to
clothe snoh boards with judicial func
tions where their functions should be
purely ministerial, and to give to them
absolute power to control elections. The
Courts are open for the punishment of
all frauds at elections which are made
criminal. It is lamentably true that
both parties are too much given to un
fair electioneering tricks and devices,
bnt there can be no safe rale for the
guidance of retnrning boards for deter
mining the result of elections, save to
connt the vote actually polled, and pun
ish in the Courts all violators of elec
tion laws, It is exceedingly difficult to
determine what kept men from voting if
any were kept from doing so. Many
considerations may have influenced
them, other than intimidation or
practiced fraud of any kind. The New
York Tribune did not hesitate, a few
days ago, to utter sentiments like these,
but the stress of party requirements has
whipped it into line, and now it is will
ing that the retarning boards exercising
nnjust and illegal power shall commit,
in order to get the vote of lreemen out
of the ballot boxes, fraads so stnpen
dous, unblushing and abhorrent to oom
mon honesty as to make all those alleged
to have been committed at the election
mere peccadillos. And it shows itself
also willing to have the President of the
Senate, when the vote is opened in the
presence of both Houses, exercise judi
cial functions aiyl determine what re
tarns shall be received and counted—a
thing at war with the plainest provisions
of the Constitution and'the act of 1792
as well as the heretofore uniform con
struction placed npon both. But we
are not now to be surprised at any ex
tent of wrong doing being winked at by
the Republican party, when we recall
the crimes done under its cover and pro
tection in the past, and how important
it is to its posthnmons fame to prevent
more serions ones still, perhaps, from
a premature unearthing! 1 tremble
for my country when I contemplate
the possibility of a wicked and defiant
perseverance in power of the now domi
nant party against the deolared will of
the people. Bnt after mnch and anx
ious reflection on the subject, I have at
last settled down into the conviction
that the voice of the people and consti
tutional behests will be respected and
Tilden be inaugurated on the sth of
March next. Nor do I believe it is to
be the result of compromise whereby
we give np Hendricks. We have elected
both and most have both. The surrend
er of Hendricks is not to be thought of.
If the vote is oonnted as it now stands
returned, nnder the seal of the States,
Tilden and Hendricks are elected. If
the seals are to be broken and Congress
goes behind them (which may be done,
aniess the Government is powerless to
detect and defeat frauds and villainy),
they will still be elected by an in
creased majority. Tilden’s position
ia to be vastly preferred, eleoted
as he is by the Oregon return,
based upon a strict adherence to
eonstitntional requirements in regard
to selection of electors, and sustain
ed by a large popnlar majority, to
that of Hayes, who aonld only hold by
the boldest and most glaring frauds of
his party manipulators. Technicality is
respectable—fraud is damning. It has
been said by one of England’s greatest
jurists in substance, that technical ad
herence to law ia the sorest gnaranty of
hnman rights, Tilden, whether the
seals be gone behind or not, can hold
the reins of Government in either ease
' '** in his hand, knowing that he
brni-v ’ -Ms them, while Hayes
rightfully no.. --vinof or table and
would find them tuiv.. gg
slippery in his grasp, covered au _
they would be with the slime of shame
less corruption. Tilden and Hendricks
most and will be the next President and
Vice-President of the United States.
And I can but believe that ere long this
will be made so patent to the eyes of all
bat .par-blind wicked Radicals, whose
love of country is lost in greed lor self;
that Hayes and the better portion ef kis
great party will refuse to press the atrug*.
gle farther and let the voice of the people
prevail. If, however, I am mistaken in
this, and Grant shall outrage sivilisation
and onr free institutionsby forcing m
saoeessor friendly to himsedf and his ad*
ministration by the bayonet upon an
unwilling people, he may yet learn that
freemen o moot be manacled with im
punity, and that the republic will defy
and outlive him and his swords. Yours
very truly, - Jams 8. Hook.
KSOXVILLK AND AUGUSTS:
- , ,
MEETING OF COMMITTEES YES
TERDAY. QlwAm
Am Emmtklk OatlMk—Cheerias Ward*
front Saath Carolina and tteantw-twa
•ft Charter tar the New Read.
Parsuant to resolution adopted by Hie
oommittee of twenty-five, a meeting of
' delegates from the several counties in
Georgia and South Carolina, through
which the propeaed routes of the Air
Line Bailroad to Knoxville will pass,
met at the hall of the Richmond Hus
sars yesterday morning at 11 o’oloek.
Major Barnes moved that Colonel
Freeman, of Habersham, be called to
the Chair. Adopted.
On motion of Eugene F. Verdety,
Esq., J. L. Maxwell was requested to
act as Secretary.
Colonel Freeman returned his thanks
to the meeting for the honor conferred.
The roll was called, and the following
delegates were found to be present:
J. J. Burch, Elbert; S. 0. Lamkin,
Columbia; John E. Burton, MoDuffie;
O. M. Doyle, J. M. Freeman, C. K. Jar
rett, Habersham; W. K. Blake, Abbe
ville; W. L. Parks, Edgefield; Y. E.
Mcßee, Greenville ; Geo. T. Barnes,
John M. Clark, L. J. Miller, F. B.
Phinizy, P. G. Burum, Augusta.
Eugene F. Yerdery, Esq., moved that
Major George T. Barnes stats the objeot
of the meeting.
Major Barnes said that some time
within the last two months a number of
oitizens of Augusta met at the Augusta
Exchange and appointed a committee of
twenty-five. This oommittee afterwards
met and various subjects connected with
the proposed railrad from Augusta to
Knoxville were discussed. Several sub
committees were appointed, of one of
which he was made Chairman. One of
the subjects before that committee was
whether they should proceed with the
old charter of the Augusta and Hart
well Bailroad or obtain an entirely new
charter from the Legislature. The con
clusions reached were embodied in the
following report:
Mb. Chaisman —The sub-oommittee
to whom were referred the different
questions as to whether or not there
oonld be auy legislation by which the
county could become a subscriber to the
stock of any of the proposed railroads,
whether State aid was secured under the
existing charter of the Augusta and
Hartwell Railroad, whether or not anew
company operating under said charter
would assume the existing liabilities of
said oompany, and what authority exists
for the construction of a railroad to
some point on the river near Fury’s
Ferry, have had these several matters
under consideration, and beg leave to
report the conclusions which they have
reached.
They report, first, that by the Consti
tution of the State of Georgia the
Legislature is prohibited from pass
ing any law by whioh a citizen
can be compelled against his consent
to become a stockholder in or contribute
to any railroad or work of public im
provement except in the ease of the in
habitants of a oorporate town or city.
Under this prohibition the Legislature
have no power to pass any law by which
the county of Richmond conld be au
thorized to take stock in the proposed
railroad.
State aid was granted to the Angnsta
and Hartwell Railroad by an act amend
atory of its original charter, approved
October 17th, 1870. By the terms of
this act work was to commence within
thirty days from the passage of the act
on its approval by the Governor. Your
committee have not been able to ascer
tain what work was done in compliance
with this provision of the aot. But by
act of the Legislature, approved Feb
ruary 25th, 1874, all provisions contained
in charters granted to railroad com
panies granting State aid were repealed
where the right to the same had not
vested, and where a company should
set up a claim to such aid, on
the ground that the right had
vested, any citizen of the State might
interpose by bill to restrain the company,
and the question of whether such vested
right exists should be for the Court to
determine. Under the most favorable
view, therefore, which your committee
oould present in reference to this in
quiry, we would be compelled to say
that whether State aid was secured un
der this act or not is a matter of j ndioial
investigation. Befiides. however, we are
of the opinion that trader the Code of
Georgia and the oonstrnotion placed
upon it by our Supreme Court, the State
has the right in all cases of private char
ters not only to withdraw the franchise,
unless such right is expressly negatived
in the charter, but to modify or restrict
the same. We therefore are of the opin
ion that State aid is not secured under
the charter of the Augnsta and Hart
well Railroad Oompany. /
Your committee were only able to as
certain the existence of some nine thous
and dollars of actual liabilities of the
Augusta and Hartwell Railroad compa
ny: but whether or not there exists other
liabilities over and above this amount
your oommittee have no information.
We are of opinion, however, that a com
pany operating under the oharter of this
road would assume all existing liabili
ties.
We find in existence a oharter author
izing a construction of a railroad from
some point within or near the city of
Augusta to some point on the Savannah
river, opposite to the mouth of Stevens’
creek, or within ten miles of such point.
Under this charter a road oonld be con
structed which might connect with the
proposed Greenwood Road in South Car
olina and also with a road whioh night
adept in Georgia the hitherto proposed
route of the Augusta and Hartwell Rail
road. This charter is found in an act of
the Legislature, approved January 81,
1854, authorizing the oonstruotion of the
Wills Valley Railroad. Its provisions,
however, are few. It is a special grant
to the City Council of Augusta and
such other persons as might unite
with them, and it oontains no provision
whatever on the subject of State aid. In
reporting these conclusions to the gen
eral committee your sttb-dommittee
desire to say that they are de
cidedly of opinion that it would
be best to ask the passage of an aot by
tbe approaching Legislature, granting a
new charter and authorizing the con
struction of a road which wonld enable
us to make the connection with the
Greenwood route iu South Carolina,
and also with a route either the same or
similar to that hitherto proposed by the
projection of the Augusta and Hartwell
Railroad. Gbo. T. Barnes,
Jos. Ganahii,
John S. Davidson,
J. L. Maxwell,
Jno. M. Clark,
Jas. G. Bailik.
After the above report was made, the
committee ascertained that a party in
New York held a claim against the
Hartwell Eoad for 820,000. There was
some question whether that was barred
by the statute of limitations or not. If
it is not, any new company, operating
under the old charter, would be liable
for the amount, bmbsequently a num
ber of gentlemen from different counties
along the line of the proposed road met
in conference in Augusta, with the com
mittee of twenty-five, and it was agreed
to have a meeting of delegates here to
day, for the purpose of preparing anew
charter for presentation to the Legisla
ture, He had, with the assistance of
others, prepared the draft of a charter.
J. L. Maxwell moved that Mr. Barnes
be requested to read 'the charter.—
Adopted.
Maj. Barnes said he would premise
by saying that the charter was almost
identical with that of the Augusta and
Hartwell Bailroad, which was admirable
in all its provisions. This wes a mere
skeleton, and he didn’t think it should
be hastily adopted. His idea was that
it should be referred to a committee for
perfection. He then read the oharter.
He thought it should be referred to a
committee, and not only to a committee,
but to the members of the Legislature
from the different counties through
whioh the proposed road will run.
Mr. Jno. M. Olark was satisfied that
the charter was all that they eould ask
for.
Mr. F. B. Phinizy moved that the
Chairman of the meeting appoint a com
mittee of five from Augusta, as more
convenient, to examine the charter, as
by Maj. Barnes’ request, and have it
presented to the General Assembly of
Georgia through the members of the
Legislature from the counties through
which the road will pass.
Mr. M. L Branch moved that a gen
tleman from eaoh county represented in
the Convention be added to the com
mittee. Mr, Phinizy accepted the
amendment, and the motion was then
adopted.
The Ghairman'appointed the follow
ing as the committee: From Augusta,
George T. Barnes, John M. Clark, L. J.
Miller, F. B. Phinizy, Martin Y. Calvin;
Colombia county, 8. C. Lamkin; Mc
f. John E. Burton; Elbert
£s*l j: BmaiM—ty
O. M. Doyle; Abbeville eoanty, w. JL
Blake; Edgefield county, W. L. Parks,
Greenville county, v. mcuee.
Mr. Martin V. Calvin thought it
would be well for the Convention to
bear fro* gentlemen from other coun
ties as to the interest in their sections
in regard to the road as—to how the peo
ple feel.
The Chairman said, speaking! for
Habersham county, he would say that
the people, while poor, felt a great in
terest in the road, and as far as they
Were able would contribute to building
it,
Mr. Phinizy moved that the Chairman
of each delegat.on speak for hjs county.
Adopted.
Mr. Lamkin, of Columbia, felt a great
interest ip the enterprise, but were
were poor at present.
. T.ukflk Burton, of MADafikv **id hia
county was not on the line of the pro
posed road, but the people in one por
tion of the county were not far from it,
and were willing to make any sacrifice to
bnild it. One quite wealthy man said
to him a few days ago that he expected
to have some money in the Spring, and
would invest all of it in the proposed
ro&d.
Mr. Burch, of Elbert, said the people
of his ooonty were determined to have a
road. Their earnest desire is to come
to Augusta, but if they can’t get here
they will go to the Air Line. He didn’t
really know the oondition of the people
of his county or their ability to sub
scribe, but felt assured that they would
do all in their power.
Mr. O. M. Doyle, of Habersham coun
ty, said bis first reoollection of trade
from his county was that it was by
wagon to Augusta. Up to the time he
was grown that was the case. Some
twenty years ago railroads were built,
driving the trade of the county from
Augusta, and the people had not traded
here sinoe. But it was an old saying
that trade seeks old ohannels, and if
that was the case the people would come
back to Augusta if the proposed road
was built.
Mr. W. K. Blake, of Abbeville, S. C.,
said he had been riding by railroad for
almost twenty-fotir hours to reach Au
gnsta from his home, whioh was only
sixty-two miles distant in a direct line.
He came here to express the importance
whioh the people of his section attached
to a railroad from that portion of the
country to Augnsta. Perhaps this feel
ing was not reciprocal. In the palmy
days of Hamburg, when he was a boy,
the whole business of his section came
here, but now all the produce goes away
to other points, where the people are
not willing they should continue to go.
Excessive railroad charges paid during
the tinj.o they ought to have had con
nection with Augusta| would have built
a railroad between the two points. Some
of their friends beyond the river chided
them with a want of patriotism in want
ing to send their produce out of the
State, but they had daDced long enough
to that sort of musio. Charleston wants
all the produce of the State to fall into
her lap and give nothing in return for
it. Will Augusta continue to sleep over
her interests aDd her rights ? He thought
he oould go home aDd tell his people
that there was hope yet; that the
indications were oheering. It seemed
to him to be scarcely worth while to
argue a matter of this kind. He did’nt
desire to disparage any other road, but
this road was a commercial necessity and
would have to be built. On the other
side of the river they had raised the re
quisite amount at one time to grade the
road. When the matter is fairly on foot
again the people will oome to the resoue.
If Augusta shows that she is determined
the other side will meet her most heartily.
Mr. Parks, of Edgefield, heartily en
dorsed what Mr. Blake had said. Edge
field had always come forward and per
formed her part, and would do it in the
future whenever they saw that Augusta
was determined to do her part. He felt
very much encouraged sinoe he had
been in Angnsta.
Mr. Mcßee, of Greenville, said the
people of his seotion several years ago
took considerable interest in this road.
Charleston had always told them that
Augusta didn’t care anything about this
route. While they had almost lost hope
he felt satisfied that the interest would
be revived if they saw that Augusta was
going to move in the matter.
J. L. Maxwell moved that Major
Barnes be called on to speak for Au
gusta. Adopted.
Major Barnes said he was wholly un
prepared to state what were the views
of the people of Augusta at this time.
People everywhere are indisposed te
move in any enterprise until the pres
ent political difficulty is settled. They
don’t, know whether we will be a republic
or a despotism during the next two
months. He thought that if a charter
was obtained, and anew era of pros
perity dawns upon the country after the
present difficulties are settled, the pro
posed road could be built without diffi
culty. What Augusta now feels is the
want of a direct connection with
the great markets of the West.—
If we had direct connection with
Knoxville the route would be greatly
shortened, some say 260 miles. But
everybody knows that under the present
difficulties people will not put their
hands in their pookets and pull out
money to build a railroad. Augusta has
been engaged in a great enterprise, and
to-day as a corporation is burdened with
a large debt. No aid oould therefore be
expected from the city as a corporation.
But he proposed to say that in 90 days
from now if the oauntry is at peace and
a good charter has been secured, Augns
ta will be willing at least to complete
the road to Walton Island. The build
ing of a road can’t be done in a day or a
week. A oommittee had canvassed
'among the citizens for a few hours only,
and had received such assurances of
substantial aid that he felt right now
they could go to work and build the
road to Walton Island. Augusta is
known to be cautions and'prudent, and
she is determined, notwithstanding her
enormous canal debt, to maintain her
oredit.
Mr. Phinizy called on Mr. John M.
Clark for his views.
■ Mr. Clark said he oould not add any
thing to what Maj. Barnes had said.
He was satisfied that Augusta would do
her part.
The Convention then adjourned.
The committee, yesterday morning, in
a few hours’ canvass, received assur
ances of nearly seventeen thousand dol
lars subscription.
JAKES GORDO,V BENNETT IN A NEW
ROT.K.
A Probable Duel Between Himself and Mr.
Frederick May—Neither Can be Fonnd in
the City—Caaite of the Difficulty.
New York, January 4. — The marriage
of Mr. James Gordon Bennett to Miss
Ida May, which was to have taken place
Tuesday, January 2d, was broken off
Saturday, December 30th, by the young
lady’s father refusing to give his con
sent. The marriage trousseau had ar
rived from Europe, and the elite of New
York were already discussing the ap
proaching nuptials, when the announce
ment was made that the event would not
be consummated. For the past few
days Mr. Bennett has been moody and
irritable, and yesterday morning he was
met by Mr. Frederick May and an en
counter took place, in which Mr. Ben
nett was assaulted by the former gentle
man. The affront was given publicly,
and though the parties -were soon sepa
rated, it was evident from the character
of the gentlemen that something further
would transpire.
The Graphic says; The assault upon
the editor of the Herald is assuming a
new phase. It is understood that Mr.
Bennett has sent a formal challenge
through a friend to Mr. Frederick May,
and that he has left town with the inten
tion of fighting a duel with that gentle
man. After the fracas Mr. Bennett had
conferences with his personal friends to
decide what was to be done. The af
front was so open, and the matter of
such public notoriety, that he could not
overlook it, and hence the challenge.
It is believed Mr! Bennett made his will
before leaving town. He is supposed
to have gone in the direction of Canada.
He left the city last night, and, unless
prevented by the police, there is scarce
ly a doubt that a hostile meeting will
take plaoe, as Mr. May, under the cir
cumstances, cannot afford to refuse sat
isfaction for the affront put upon Mr.
Bennett.
It was established by later inquiry
this afternoon that both Mr. Bennett
and Mr. May had left town. Mr. Ben
nett was everywhere sought at his
house, at the different club houses which
•he frequents and at his office—but could
not be found. Then came a report that
he had been seen taking the New Haven
train, at the Grand Central Depot, this
morning. Afterwards, however, it was
ascertained that Mr. Bennett had sent a
communication to the Herald office,
with the information that he had started
for Washington. Mr. Bennett is known
to have been in an exceedingly excited
state of mind all yesterday afternoon.
His lawyer was seen coming from his
house late last night, and it was learned
that he had made his will. Mr. May
could not be found at his father’s house
nor at any of the other resorts frequent
ed by him. The place assigned for the
duel by the latest reports is on; the
banks of the Chesapeake, whither the
parties have gone ostensibly for duck
shooting. It is said that Mr. Bennett
and May are still on friendly terms,
and the difficulty arose from the fact
that he bad promised her father to ab
stain from the use of intoxicating liquors,
but had broken his promise.
Cold, piercing winds and driving rains
seldom fail to bring on a cough, cold or
hoarseness at this season, and Dr. Boil’s
Cough Syrup should be kept in every
house. For sale by all druggists.
SUPREMEJX)URT.
DECISIONS RENDERED IN ATLAN-
/ s TA f GA , DECEMBER 26. 1876.
I Atlanta Const itution.] i
4 . X fe
Wm. Lake vs. Jchp H. Hardee et al.
In Equity, from Chatham,
i 1 S \ ' J. i,
t. Whilst the chancellor- may direct
the jury to find a special verdict in
equity trials, and may direct their at
tention to particular points of inquiry
by written questions, yet those ques
tions should present the main issue
dearly and tally to the jury, so that
the exaot amount clue from the defend
ant to the complainants, .2. If that
amount be not set out in the finding of
the jury so oertainly that the decree
may follow the verdict and. tbe two
harmonize, the vn}i<st must be set aside
and anew trial must be granted. 3.
Where the jury find two sums differing
from each other in amount, in response
to two of the questions, and it is doubt
fnl whether they intended to charge
the defendant with the aggregate of
the two sums, or with only one
of the two, and in that event which of
the two, the verdict is too uncertain for
a valid deoree to be entered upon it, and
if the chancellor elect one of the sums
found and decree accordingly, he be
comes the tribunal to determine the
amount of defendant’s indebtedness,
and not the jury, and tbe decree is im
proper, and this applies, too, to the
mode of counting interest whether it
shall be compounded or not, and hence
what its sum shall be. 4. When a bill
states that the defendant was in posses
sion of oertain property of the complain
ants as heirs at law of their grandfather,
who died in South Carolina, and that
he removed the property to Georgia
and recognized the relation of trustee
in this State, and when on the trial the
facts make a different case and show
that the complainants, by the will of
their grandfather, took one-fourth of an
estate left by„ him to their father, who
died before the grandfather, and that
by the statues of South Carolina the
legacy did not lapse, And that the de
fendant was the only qualified executor
of the grandfather’s estate, and had
made division thereof into four shares,
three of whioh were turned over to the
surviving children of the grandfather,
the wife of defendant being one of
them, and one retained to await the de
cision on a certain bill in equity filed by
defendant, as executor, in Bea.ifort
county, South Carolina, to ascertain,
among other things, whether said legacy
had lapsed by the death of the father of
the complainants, and that the records
were burnt during the war, and the
original papers all destroyed, and the
case in Beaufort, South Carolina, not
yet determined, and no effort had been
made by the executor to prosecute the
bill there, by the establishment of
lost papers or otherwise ; and where
it further appeared that the ex
ecutor had moved all the as
sets, which was the share of complain
ants, to Georgia, before the war, and
had sold some of the slaves for good
money and had hired out others, and
had reoeived and used the proceeds
thereof, as well as the proceeds of their
share of the lands and perishable prop
erty sold in South Carolina, and had
repeatedly expressed the wish that the
estate was settled up, but had wholly
refused to account to complainants, whq
were minors when the proceedings in
South Carolina were pending, and yet
acknowledged and admitted the recep
tion of the property and its removal to
Georgia, and some indebtedness to com
plainants: 1. Held, that the bill should
have been amended so as to charge the
defendant as executor and to set out the
substantial facts as proven, before a re
covery could be had thereon. The al
legata and probata should in some sort
at least oonform to each other. 2. Held,
that the facts proven make a
strong oase in favor of the com
plainants, and as the executor has
moved the property to which these
complainants were entitled into this
State, and converted and used it here,
and has wholly failed to prosecute the
bill he had filed in South Carolina, or
institute any other proceedings to set
tle up the estate there, that, he is re
sponsible to the Courts of Georgia, and
relief will be decreed against him here
on the bill properly amended to oon
form to the facts. 3. Held, that if com
plainants, or any of them, had no guar
dian lawfully appointed before the year
1865 who could sue in their behalf, the
right of action did not acorue to such of
them prior to that year, and the limita
tion of 1869 will not bar them. 4. Held,
that if the executor had himself filed a
bid against these complainants, and
pending in the Courts of South Caroli
na until after 1865, to settle up this .es
tate and account to these com
plainants for whatever should be
deoreed them, the right of action in
Georgia did not accrue until after 1865,
whether complainants were or were not
of age, and the aot of 1866 does not bur
any of them. Held, 5. That if neither
of the above statements be true, and the
right of action did accrue before 1869,
then these complainants are still not
barrcd|if this executor and trusteejacted
fraudulently and corrupt; but whether
he so acted or not is a question for the
jury, and those words in the act of 1869
mean more than mere illegal conduct;
they mean moral turpitude and inten
tional fraud to be passed upon by the
jnry from all the facts of the case. 6.
It follows from the above that the de
cree was improperly entered upon this
uncertain verdict, and the judgment
sustaining it is erroneous, and must also
be reversed. Judgment reversed.
Nutting vs. Sloan, Groover & Cos, Com
plaint, from Chatham.
Warner, C. J.
The plaintiff brought his action
against the defendants on the commo;-.
law side of the Court, in the natnre of
a short bill in equity, in whioh he set
forth the transaction and the facts (un
der the law of this State and the prac
tice of our Courts) which would equi
tably entitle him to reoover from tue
defendants tbe amount of the follow
ing draft, which the defendants refused
to accept:
“Macon, Ga., 13th October, 1868.
At sight pay to the order of 0. A. Nut
ting, forty-five hundred dollars, valne
received, whioh place to the account of
cotton shipped.
[Signed] J. W. Fears.
To Sloan, Groover & Cos., Savannah,
Ga.”
The defendants pleaded the general
issue, and that the plaintiff had changed
the nature of the debt, by accepting the
note of J. W. Fears in settlement of the
draft. On tbe trial of the case the plain
tiff introduced in substance the follow
ing evidence :
1. The draft and the notarial protest
showing presentation and refusal of de
fendants to pay October 15, 1868, they
saying; “We deoline to pay it.” 2. J.
W. Fears, who testified as follows: Was
dealing in cotton on October 13, 1868;
purchasing in Macon and shipping to
defendants, who were my factors in Sa
vannah. The history of the draft sued
on is as follows: I bought a lot of forty
three bales of cotton on day of the date
of the draft', and plaintiff advanced the
money to pay for it, by discounting the
draft which I drew against the cotton.
The ootton was shipped to Hloan, Groov
er & Cos,, in my name, and the bill of la
ding was to have been given to plaintiff
to be attached to the draft, but owiDg to
some delay in getting the bill of lading I
did not get it to plaintiff in time for that
day’s mail, and I undertook to send it
forward to Sloan, Groover & Cos., the
defendants, with instructions that the
draft had been drawn against the cotton,
and that the bill of lading was the prop
erty of the holder of the draft until the
draft wes paid. I sent them the bill of
lading the same day with letter so noti
fying them, and also telegraphed them
the same thing. They received the in
struction in due time, but, as I w s af
terwards informed by them, they did
not pay the draft, but, on the contrary,
disposed of the cotton and kept the
money under the pretense that I owed
them a balance to which they applied
the proceeds of the cotton, although I
did not think I owed them anything.
No part of the draft has ever been paid,
either by defendant or myself, and they
have not paid any of the proceeds of the
ootton, either to me or to the plaintiff.
3. The letter of J. W. Fears referred
to in his testimony, enclosing the bill of
lading, produced under notice of defend
ants:
“Macon, Georgia, October 14,1868.
“Messrs. Sloan, Grower & Cos., Savan
nah :
“Market off to 22e. low middling ;
22jc. strict middling. New York mar
ket,'Liverpool 4c. off. Do as you think
best with my cotton now. I shipped
’to-day samples 18 bales, which with 43
samples I shipped to-day, but could not
get bill of lading in time for mail. C. &
H. has sight draft $6,000, and bill of
lading 35 and the 18 bales, samples of
which I send yon this draft is against.
“0. A. Nutting has sight draft $4,-
500, and the samples 43 bales is for
that.
, t“An acoount of these two drafts—s4,-
500, sl,soo—bill of lading came as I
was writing ; send 43 to meet Nutting’s
draft; 18 and 35-53 to pay C. & H.’s
draft.
“Please honor and ship direct to New
York, if best. Will ship 50 bales to
morrow. J. W. Feabs.”
4. The letter of Fears to Sloan, Groo
ver & Co.,* further advising about the
draft, produced by defendants under
notice to produce:
“Macon, Ga., October 15, 1868.
Messrs. Sloan. Groover & Cos., Savan
nah, Ga.:
“ Your letters and your dispatches of
to-day received. They have annoyed
mo very much. I drew the $4,500 favor
of C. A. Nutting; against the 43 bales of
cotton, iu Accordance with vour instruc
tions to draw with bill oi lading attach
ed,' As it. was late before getting the
bill of lading,.l informed Messrs. Good
all-& Nußmg that I had expressed you
the bill Slid samples for 43 bales and no
tified you was against that lot that
the $4,500 was drawn, virtually placing
the bill of lading to Nutting’s draft,
and, so advised, I telegraphed you to
pay the draft certain,- $4,600. Ship cot
ton to New York. I sincerely hope you
did pay it, us Nutting trusted me with
bill of lading to mail for him, and so
adjuaed itifib If you*did not pay Nut
ting's draft you have seriously damaged
me. You say I have overdrawn. You
must be mistaken in this. * * *
Do please if the Nntting paper is not
paid To day, 'pay it in the morning, and
telegraph me that it is paid. Cotton is
dull here, 22) o. middling. Now is the
time to buy. * * * *
“J. W. Fears.”
The following two letters, dated re
spectively 13th and lfith October, 1868,
were attached to the cross interrogato
ries propounded to Fears, witness for
plaintiff :
5. Macon, Ga., October 13, 1868.
Messrs. Sloan, Grover tk Cos., Savannah,
Oa.:
Your fetter requiring bills of lading,
and seeming to complain of my not at
taching to bills, oame to hand. I try
to do business correctly and honestly,
&o. I telegraphed you not to send
money if account was unsatisfactory.—
My account I regard as safe, &o. Now
if you are not satisfied with account I
will square up and change. Same time
I say your business is satisfactory, but
you must not complain so much. I ship
you thirty-five samples to-night. There
are fifty-one bales in this lot,and will ship
forty balas to-morrow with bill of lad
ing attached. J. W. Fears.
6. Macon, Ga., Ootober 16, 1868.
Messrs. Sloan, Groover Cos., Savan
nah, Ga.:
I think you will discover an error in
your cotton returns and bacon entries.
As I havti ordered Cotton all sold. *
You liot accepting Nutting’s bill will
give ine nt> trouble. I arranged it im
mediately with Nutting, etc. * *
Yours truly,
J. W. Fears.
7. 0. A. Nutting— Am the plaiutiff.
The draft belongs to me, and was origi
nally made to mo by Fears, on 43 bales
of cotton, for the money advanced by
me to buy said cotton. Draft drawn on
Sloan, Groover & Cos,, who were to be
consignees of the cotton. The draft
was expressly agreed to be a lien on the
cotton for its payment, as expressed in
the draft. I paid Fears $4,500 for the
draft, less J per cent, discount, and took
as security the lien which the draft ex
pressed, on the cotton, the money to
purchase which Iliad advanced to
Fears, for which the money was given.
Have never received a cent for it either
from defendants or Fears. The bill of
lading or railroad receipt for the said
cotton was to have been handed to me
the same day the draft was drawn to bo
attached to it. But Fears said he conld
not get the cotton shipped and obtain
the receipt or bill of ludiug for it before
the closing of the Savannah mail for
that day, .and he promised that he
would send it down by the express or
express messenger of that night, to be
handed to defendants the next morning,
with instructions that the bill of lading
belonged to the draft and was seonrity
for its payment. That is the reason
why the bill of lading was not attached
to the draft. Defendants got the bill
of lading and the cottoD, and refused to
pay the draft, and have never paid it
or applied any of the proceeds of the
cotton to it, ulthough I have demanded
it of them time and again. My claim
has never been settled or arranged for in
any way by either Fears or Sloan, Groo
ver & Cos.
8. W. P; Goodall: The testimony sub
stantially the same as Nutting’s.
9. John TANARUS, Rouan sworn: Was freight
agent of Central Railroad at Savannah.
Proves the reoeipt of the 43 bales cotton
ana delivery to defendants at Savannah.
10. Alexander It. Ramar": Proves
average weight of uplaud cotton to be
about 500 pounds per bale in October,
1868.
11. H. M. Comer: Proves price of cot
ton at time of receipt by defendants 23}
cents per pound, with rising tendency.
12. R. N. Reed: Proves price by ao
tual sales made by him 24 cents per
pound.
After the plaintiff had closed his tes
timond, the defendants demurred to the
same and made a motion for a non-suit,
whioh was granted by the Court, and
the plaintiff excepted.
The sole question, therefore, is
whether, under any view which the jury
could have taken of theevidenoe before
them, they would have been authorized
to have found a verdict for the plaintiff.
The general rule undoubtedly is, that
where one person has goods iu the pos
session of another, he cannot, by draw
ing a bill on that person, render the
drawee liable to the payee for not accept
ing the draft, for the simple reuson that
there would be no privity of contract
between the payee of the draft and
the drawee of the draft, but that
is not the case made by the evidence
in the record before ns; there is some
thing more here which might have au
thorized the jury to have found for the
plaintiff, on the gronnd that the de
fendants received the cotton consigned
to them, after notice that the draft had
been drawn on them in favor of the
plaintiff for the price of the cotton so
consigned to them. If the defendants
reoeived the cotton consigned to them,
after notice from the consignor that he
had drawn a draft against it in favor of
the plaintiff for the money advanced by
him to pay for it, and then refused to
accept the draft, and applied the pro
ceeds of the cotton to the payment of
their own account for advances made to
F ars, the drawer, then the plaintiff
had a primn facie ease which wonld
have entitled him to recover, and the
questions of fact involved should
have been submitted to the jury.—
The true principles of law applicable to
the facts of tiiis case are correctly
stated by Parsons in his treatise on the
law of promissory notes and bills of
exchange: “It would seem,” says the
learned author, “that if a person should
write to a factor that he had sent him cer
tain goods for sale, and drawn a bill on
him on the credit of the goods to a cer
tain amount, the fuctor if he received
the consignment would be bound to ac
cept the bill. The question still remains
whether the payee of the bill would
have a right of action against the factor
as an acceptor for money had and receiv
ed to his use on the ground that the ac
ceptance of the consignment was equiva
lent to a promise to accent. We should
hold h<m so liable on the ground that
by accepting the consignment he had
made a oontract with the drawer to ao
cept the bill, and that his contract being
for the benefit of a third person, this
person might bring an action for the
breach of the contract.” Ist Parsons on
Notes and Bills, 291. In view of the
fact that under our practice, the plain
tiff’s declaration having been so framed
as to authorize the equitable as well as
the legal rights of the parties to have
been considered on the trial of the oase,
the Court erred in our judgment in non
suiting the plaintiff on the statement of
facts contained in the record. Let the
judgment of the Court below be reversed.
CRIMEN AND CATASTROPHE*.
Terrible Crime of a Jenlouw Unite—Fright
ful Collision -Ex-Banker* and Kmbezzleru
In Limbo—Extensive Fire.
New York, January 4 —Osoar Hud
son, colored, of Jersey City, yesterday,
in a fit of jealousy, seized his colored
mistress, Martha Shuttle, threw her
across the stove, poured a kettle of boil
ing water over he body, then beat her
fearfully; again placed her on the stove.
Her injuries, of course, are fatal. Hud
son has been arrested.
A Cincinnati dispatch reports that
early yesterday morning a collision oc
curred between two freight trains on the
Marietta and Cincinnati Bailroad, 40
miles east of Cincinnati. The trains
were demolished and 200 feet of trestle
word were burned to the ground. Be
tween 200 and 300 hogs were killed and
most of them burned. No loss of human
life.
Harrisburg, January 4.—A dispatch to
the Herald announces that S. 8. Bigler,
late President of the City Bank of Har
risburg which suspended several months
since, and his two sons and ex-cashier
have been arrested on oharge of conspir
acy to defraud, embezzlement and of
obtaining money under false pretenses.
The bank failed with liabilities aggregat
ing $350,000, while the assets will not
reach $70,000.
Elmira, N. Y., January 4.—The fire
at Corning this morning destroyed the
Erie Railroad depot, three stores on
Market street, and five stores on Pine
street. Loss, SIOO,OOO.
Eualaud and Turkey. •
[From the Times.]
Although the Eastern outlook is more
peaceful, the English Government is
pushing on warlike preparations. Twen
ty-five thousand troops are under arms
ready to start for Constantinople. A
staff of engineers have been in the Turk
ish capital for some time, and a number
of officers of various ranks keep moving
in an easterly direction. Should the
conference be unsuccessful in keeping,
the peace England will send an army to
Egypt, and India can send thither 50,-
000 troops at a short notioe.