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(EDrotiicie atU) .Sfntfatl 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.