davidaulloa/AmericanStories huggingface dataset:
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
DECISIONS OF THE HIGH COURT
ERRORS AND APPEALS.
AT THE APRIL TERM, 1866.
Reported ExPressIy for the mississippi
Clarion and Standard.
AT THE APRIL TERM, 1866.
James L. Payne,
9791 as.
VIM. r. Harrell.

James t. Payne,
9791 as.
VIM. R. Harrell.
Opinion of the Court delivered by
Hon. H. t. Elicit.
The only question in this case is
whether the vendor of real estate can
file a bill in chancery to enforce his
equitable lien for the purchase money,
without having first sued and exhaust
ed his remedies at law.
There can be no doubt on this sub
ject. The right to sue at law upon the
securities given, and in equity to en-
force the vendors lein, are distinct
and independent rights, and the party
can pursue either, or both remedies,
at his discretion. The precise point
made in this case has been adjudged
in Kentucky in favor of the right to
sue J. j. Marshall 55S, Black VS..
Hunter: 5 J. J. Marshall 1913, Rich
ardson VS.. Baker.
The general rnle is that party will
not be allowed to sue at law and in
equity, at the same time, for the same
debt. But this rule only applies to
cases when the demand at law and in
equity are equally personal, and not
when the one remedy is IN rem and the
other in personam as in cases of debts
secured by mortgage or pledge. Mil
Ter VS.. Helm, 2, S. q NJ, 697. Jones
VS.. Condo, 6John Oh. R. II, and cases
there cited Miller VS.. Trustees of
jefferson College, 5, S. & NJ. 662.
The decree disallowing the demur-
rer to the bill will be affirmed, and the
cause remanded, with leave to answer
the bill within sixty days from this
date
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

MURDER AT LAKE STATIoN-A Ne
GRO KILLS \ WHITE MAN AND Es-
cAPEs.-Wc have 4 statement from
MANY Subscribers at Lake Station,
to the effect that on Sunday last Mr..
f. w. Lacey, of Smith county, was bru-
tally murdered near Lake by freed
man named Mark Burnes, formerly the
slave Of Matthew Burnes, near Tren-
ton. From the particulars. as we
gather them, it appears that this black
scoundrel, some time since, violated
the person Of q white woman, fled the
county, and went to Kemper, where he
was lately arrested by Lacey and
Burnes, with view to handing him
over to the civil authorities for trial.
When near Lake Station, however, he
found an opportunity for attacking his
captors, and, in a short time, dispatch
ed Mr.. Lacey by breaking in his skull
with a large cudgel, and after infict-
ing several severe blows upon young
Burnes, effected his escape, and is still
at large. The said Mark has a mark
on his chin, as if having been kicked
by q mule; full negro complexion
twenty eight years old, and medium
height. We are not surprised to hear
that &" the citizens are bitterly enrag-
ed" by this outrage, and we hope that
no efforts will be spared to bring the
black fend to certain and summary
death.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
TELEGRAPHIC.
CONGRESSIONAL.

CONGRESSIONAL.
WASHINGTON, June 12.-The Sen
ate bill, relative to the bounties of col
ored volunteers, has passed. A bill
for the legalization of colored mar
riages, and for other purposes, in the
District Of Columbia, was passed.
Mr. Middlebrook, of Indiana, pre-
scented memorial of the Florida Leg
islature relative to the internal tax on
cotton, which was ordered to be print
ed and referred to the Committee of
Ways and Means.
FENIANISM.
New YORK, June 12.-The Fenians
are returning here by the evening train.
There is but one family in radius of
90 miles in Canada where the Fenians
made their raid, all others having fed.
Gen. Meade and staff arrived to-day.
The examination of arrested Fenians
is progressing.
President Roberts, of the Fenians,
has been released OF parole.
BUFFALO, June I2.-The action of
Congress has given new life to the Fe
MAN movement Enthusiastic meet
ings are expected. A Revolutionary
Committee has published strong APP
peal to collect cOmmissary stores,
money, etc, to call meetings and pledge
support to men who inscribe upon their
banners universal liberty.
GEORGIA INTELLIGENCE.
Augusta, June III. E. Bryant,
editor Of the Loyal Georgian, the or
| gan Of the Freedmens Bureau, was ar
rested this afternoon by the civil au
thorities for attempting to defraud ne
groes out of money borrowed from
them when he BRYANT was an officer
of the Government He was released
on q cOlored man becoming his securi-
ty.
The Central Railroad destroyed by
Sherman 5 army, has been reconstruct
ed. Trains ran from Macon to Sa-
vannah and Augusta through to-day.
THE MARKETS.
New YORK, June 12.-COtton clos
ed less excited Sales 5000 bales al
4O@42 Sales for the week 21,OOC
Gold l43. North Carolina skies, S291
CINCINNATI, June 12.-FlOur dull
: superfne S9@S9 so Corn &c. Oats
4Sc. Whisky 81 25. Pork S31 50@
, S32. Bulk meats, shoulders 1910.
sides 16!c; clear sides lSc. ; lard 22c
Groceries unchanged.
MEXICAN NEWS.
VERA Cruz, June 1.-Communica
ton with the interior is completely in
tercepted. Business could not be in
worse state.
Several Of the principal guerill
= chiefs have had a meeting together t.
r make arrangements to form larg
r. force and fall upon some Of the weak
A er garrisons. Some of the Liberia
t forces have been robbing passenger
f by stage coaches The celebrated ft
!, male robber, Charm, has been appre
e hended at Leguitlan, in mans guisC
c and at the head of gang of banditti
She has done much damage. Lieu
Martinese had gained victory over
small force of Liberals, near SAINT
Cruz, capturing twenty prisoners, eigl
=, pieces of arms, and several horses
4, The prisoners would be shot. Zacatul
was attacked by q Liberal force an
taken. Colima was threatened by
. Liberal force. A number of filibustel
Il were expected from San Francisco. .
Il French war steamer had arrived frOl
IS Matamoras with 100 prisoners of ws
c from Cortina's force. Cortina h;
/ fled. Among the killed in the figl
e were several Americans.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

JUDGE HILL AND THE TEs1 OATH.
The Aberdeen Examiner thus refers to
the United States District Court, which
met at Oxford on the 4th inst. The
decision of Judge Hill is singular
one, but we presume he is acting under
instructions" There is no sense or
Justice in exacting from the younger
members of the legal profession, a
test not required of the Older. But it
is one Of the consistences of the times.
Here is what the Examiner says:
The Judge announced that all At
torneys who had been admitted to
practice in the Federal Court before
the war, would be regarded as compe
tent to practice in it now, without fur
Their qualification; but that all Other
Attorneys desiring to appear before
the Court, mast take the test oath.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

During the Fort Erie fight red-coat
was found by the Fenians in their
ranks, unarmed. When charged with
being spy he demanded a gun, in a
rich Irish brogue, and commenced Wig
orously blazing away at the ranks he
had lately left. But this Canadian Fe
MAN was shot dead by his recent com
patriots in a very short time, his bril-
liant red uniform making him COL
spicuous mark.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

A case was tried before the Court of
Common Pleas of Pittsburg, last week,
wherein Martha J. Kinds sued the
Pittsburg, Fort Wayne and Chicago
Railroad Company for damages which
she received on train during a fight
among passengers. 1t appears that
the Conductor failed to try to stop the
fight. The jury awarded the lady
with 50, 500.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
OAKLAND COLLEGE.

vuNHE annual commencement of this lnstltu-
tion will take place on Thursday, the 2lst
inst. when the degree Of Bachelor Of Arts VIII
be conferred on the surviving members OF the
class of 1862, whose studies were interrupt-
ed nv their voluntary devotion Of themselves
to the service of their country, at the outbreak
of the late war On the day before commence
ment. the sermon before the Board Of Trustees
will be delivered by Rev. j. II. Rice, ID; ~,
EDITOR of the Presbyterian Index, Mobile.
Other addresses besides, suitable TO the occa-
sion. NAV be expected. Also on the 20th, the
dav proceeding the commencement, the Alumni
Association will hold their usual annual meet
ing.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

ADMIRAL SEMMEs TO WRITE HIS
TORY OF HIS CRUISE Admiral Semmes
will soon prepare his adventures on
the high seas, while in command of the
Alabama, for press. He has been
offered $4,000 in England for the
copyright of the work, but the offer
was declined. 1t will probably first
appear in numbers, in Southern
monthly, and afterwards be gathered,
in and published in book shape.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

DIR. Cheeyer, in his sermon in New
York on Sunday, referring to the
President said: 'sYou have the DOW
er with God that may sweep him from
the place of power" Several mem
bers of the congregation arose and left
the place when this sentence was pro-
nounced.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
JACKSON STOVE DEPOT
{ At Col r. A. Smiths late Stand.)
WISHART & STRAU SIS.

MANUFACTURED OF
Tin, Copper and sheet Iron Ware.
DOOFING and guttering done at shortest notice,
IL the most approved stye, and on reasonable
terms.
Always on hand-TIN WARE, JAPAN WARE,
Household Family Goods at wholesale and retail,
which we propose to sell at New orleans and St
Louis prices.
Our arrangements with first class Southern and
Western honses, now complete. We can furnish
any thing in our line low any other establish
ment in our trade.
We keep constantly full supply of TIMERS
MATERIAL, which offer to the trade at regular
wholesale prices.
Our STOVES are of the best pattern, and made
expressly for the southern market and whole
stock has been carefully selected and laid in since
the decline prices, and determined to give
our customers the benefit thereof
We are also fully prepared to manufacture Smoke
stacks Escape Steam Pipes and all and any work
in our line connected with Steam Mills.
Orders from the country respectfully solicited, and
promptly attended to- jel0dly.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
usaauaur,sr. pepnr,msrt Of Wi.

Headquarters Department of Mississi Ppi.
Bureau Refugees Freedmen and Abandoned Lands
OFFICE ASSISTANT COMMISSIONER,
For the State Of Mississippi,
Vicksburg Miss, June 9th, 1866
RcTL Ar
The following opinion of the Attorney
General of this State, received officially by
the Bureau from his Excellency, the Cover
nor of the State, is announced for the infor-
nation of all interested;
p" ATTORNEY GENERALS OFFICE,
jackson Miss, June 5, 1866.
The appropriate remedy of parent wrong
fully deprived of the possession of his, or her
child, is by Writ of Habeas Corpus.
G. E. HOOKER,
Attorney General -
Attention is called to Circular No. 5, cur
rent series from this Bureau, announcing of
fcially the opinion of the Attorney General
of the State, that either parent, who is able
and willing to maintain his or her child, has
right to the possession of the child, though
it may have been previously apprenticed I;
Provided the indenture had not been made
with the previous consent of such parent
The Writ of Habeas Corpus affords a
speedy remedy, by which parents unlawfully
deprived Of their children can quickly re-
gain possession of them. The Judges Of the
High Court of Errors and Appeals, the Cir
nit Judges, and the Probate Judges, within
he limits of their Jurisdiction, have the au-
thority to issue the Writ of Habeas Corpus
By order of Maj. General Tn. J. Wood.
MARCUS p. BEsTOw,
Assistant Adit General
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
SPECIAL NOTICE.

The heavy cash outlay required
in the publication of our paper
compels us to adopt the cash sys-
tenn exclusively in our business
transactions. The papers Of ALL
SUBSCRIBERS IN ARREARS will be
stopped, and no new name enter
ed unless accompanied with the
money. We appeal to all who
are indebted to this Office for sub
scriptiOn, advertising, or job
work, to remit us the amount due
at their earliest convenience
These sums though small in each
individual ease, are in the aggre-
gate considerable, and then
prompt settlement would do us a
great service.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

Macon papers are terribly distress
ed, because an old merchant of that
city shared his umbrella with a muld
to during rain storm the other DAP.
The woman was formerly his slave.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

In the Supreme Court of Illinois last
week, Judge Lawrence decided that
the Chicago gift enterprises are lotter-
les, the result of which is war of ex-
termination by the District Attorney
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

In view of the prospective short
crop of cotton, and the five cents per
pound export duty, it is proposed that
the crop be retained and wrought mo
clothing by hand labor.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

INFORMATION WANTED of the
whereabouts or fate of John w. Hart, of
Capt. J. B. Harris company, JEFF. Davis
Rebels of Yazoo county, Miss.
Address, J. l.. POWER,
Jackson Miss
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

FREEDMAN KILLED.-We learn that
Mr.. 10. Kirkland killed q freedman
named Essex Whitfield, at Brandon on
Tuesday night, by stabbing him with
a knife in the throat, severing the jugu-
lar vein. We are not informed Of the
particulars. The provocation must
have been very great, for Mr.. Kirk
land is known to be peaceably dis
posed Young man.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

ADJOURNMENT OF CoNGREss.-The
House Of Representatives has fixed on
the 28tn instant for adjournment. The
Senate favors a later date, and it is sup
posed the 10th or 10Th of July will
finally be agreed upon.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14
MARTIN HOUSE,
Notice TO County Treasures

AUDITORS OFFICE,
Jackson, Miss, June /, 1866.
~ Office is hereby given to the County Treas
~ of the several counties of this State that
no distribution of the fund created by the emit
tied An act to provide for the support of wounded
and disabled soldiers and for the support and educa
ton of INDECENT children of deceased soldiers; and
the relief of INDECENT families of the State ap.
proved November 2lst 1865, can be made for the
present year owing to the fact that basis exists
for making said distribution, only twentythree
counties having filed reports as required by said
act.
THOS. T. SWAMI,
jeldl5t Auditor Pub. Accounts
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

For Sale,
VNHE north quarter of five acre lot, No. ,,
IL north, in the city Jackson, opposite the
residence of DIR. c. :. Knapp, with the inn
provementS thereon.
For terms &c., enquire Of
G. A. BROUGHER.
jel0dlm. Secy Of State.
Daily Mississippi clarion and standard. [volume] (Jackson, Miss.) 1866-1866, 1866-06-14

OF the Ministers who compose the
Imperial Cabinet, they have been
doubtlessly Internationally much ma
ligned. They are all, without excep-
ton, of the real caucasian race,
and are thus spoken of by an intelli-
gent correspondent Of the New York
Herald, with whom the writer had a
conversation in Rio, de Janeiro, and
his letter and publication were to re-
flute the aspersions that had found pub
licity in this country and whose OBJ
ject may be fathomed by an enquiring
mind. These are the facts; and here
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

RETURNED CALIFORNIANs. The
saepherdstown Register says Mr.. John
Walker of that county, who went to
california in 1910, returned few days
ago after an absence of seventeen years.
af. John Jones, of this county, who
.2.t apout the same time, has also re-
'a'neo. His wife, deeming him dead.
married ,1.a several years ago Mr.. Samuel
'''iier' The families of neither of these
f"'tles had heard from them for many
s ','. ana they were supposed dead,
Nv ,''i N'ey unexpectedly appeared before
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

The LADY's FRIEND, for August, is
on our table. 'liarvest Time, tho
harvest time of life, as we'll as of the
seasons the appropriate steel engra-
wing of this number of this beautiful pc
riodcal The double and finely colored
steel fashion plate is gem, as usual.
THen We have the usual number Of
wood-cSatts illustrating the g Street
Arabs, = and the latest fashions IN
dresses, bonnets, hats, &c. The muse
is the song OF .'Childhood and Home
Among the literary contribution, We
note Zone Summers Romance, by
Clara A 'Agusta; .srhe Banshse, BY
Mrs. dosmer; .sThc Disputed Pa 1t,
my by Auber Forester ~ ne ne
Distressed Bachelor, (coneluaed1 o1
Mrs. oliphant; Novelties, Receipts
Fashions, &c. Ma
Price $3.50 a year. Address Dea
con 4 Peterson, 319 Walnut stree
Philadelphia.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26
SUMMARY OF NEUS.

Prussia and Italy have consented to
the proposed armistice, provided GER
| tam preliminary conditions are acceded
| to by Austria. The headquarters of the
Russians was established at Pardubitz,
IN Bohemia. Prague had been aban-
doned by the Austrians. General Ben
edek had been relieved of his command
NO lighting had since occurred in Bohe-
mia, the Austrian retreat being unmo-
Tested The Austrian army in Ger
many was still two hundred thousand
strong. The Emperor of Austria has
issued a manifesto declaring his desire
Tor peace, but only such a peace as would
leave Austria as a great Power unsha-
Ken. 1t is reported that, owing to the
difficulties which have occurred in bring
ing about an armistiee, the Emperor
Napoleon had determined upon an arm
ed mediation on the part of France
The Paris Presse gives what purports to
be the basis of the negotiations proposed
by France. The Austrans were evac,l-
ating Venetia, leaving the fortresses
well garrisoned. The London Globe be-
lieves the continent to be on the brink
of an European war. In Spain the
O'Donnell Ministry had resigned, and
a new Cabinet had been appointed, with
Narvaez as President of the Council
and Minister of War;
At Nashville, on Friday last, the
Sheriff forced an entrance into the capt.
tol, and arrested the Sergeant at Arms,
who had in custody Mr.. Martin, an alb
sconding member. Judge Frazier dis
charged Mr.. Martin, and fined the Off
Ger who had him in custody ten dollars
and costs. Governor Brownlow has
protested against it. The Tennessee
House Of Delegates has no longer even a
constructive quorum.
General Sheridan has issued an order
prohibiting the commemOrati0n Of the
Confederate dead within the limits of
his department, and dissolving all Or
ganizations, for whatever purpose form
ed.
Major General Terry, who has recent
~ completed a tour of inspection through
Virginia, reports to Major General How
ard the Freedman's Bureau. a great
number of outrages committed upon
sick negroes by those employed in the
hospitals.
The Chairman of the Democratic t,x-
ecutiye Committee of Pennsylvania an
nounees a full delegation 10 the phiia-
delphia Convention. Ex Governors Por
ter, Bieler and Packer and Judge Wood
ward are appointed delegates ut large.
The Washington correspondent ofthe
New York Times states, on what is
claimed to be good authority, that Sec
rotary Stanton is preparing a letter to
Senator Doolittle, approving of the Phil
adelphia Convention and its purposes.
Five deaths from cholera are reported
at New York, seven at Brooklyn, and
four at Savannah. Georgia. The latter
deaths occu, red among the troops lately
landed on Tyhee Island, and five addi-
tional deaths have occurred there.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

Y MR.. W. r. JONES, of Winchester
NJ 's'' WAC was tried by a military oo,o'
a @lsslon on the charge of hay; ao' =
y,llzen, shot and killed 'nS' "s a
" aet named Minor, a. - d, aeaera' a SOL.
been reease l''.'' 'ed to be hung, has
@al by oder of Major Gen
proy.1 hancock a, The General disap-
MISSION wv 'ne proceedings of the Com
dei,ea' a the ground that the evi-
Conf proved Jones to have been a
~. eoerate soldier at the time Minor
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

oN TIME.-A young freedman, on
Monday: Gifted a watch belonging to
one OF his sable biethren, for which, on
examination before the Mayor, he was
gwen few days board in the county
Jail.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

ISDlANs.-Considerable excitement
was caused among the juvenile popu-
lation, on Sunday last, by the arrival
Of party Of eight Indians, from
Nebraska. They stopped over here, and
gave an exhibition Oh Monday night at
the Court House. We believe they were
NroMe for Washington, on some bust
ness connected with themselves or tribe.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

AN entcrprising man in Illinois mus )
advertises his business on the walls anu
fences: ''Buy your gravestones o,
Adams! Prices reduced! lie should
add-epitaphs warranted to give salts
faction.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

REpAIRED.-We learn from the Shep-
bordstown Register, that the Elk Branch
Presbyterian Church, near Duflield's
napot, which was torn to pieces during
fine war, has been thoroughly repaired.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

THE SOUTHERN CULTIvAToR FOR
JuIy.-The July number of this adni
rable Agricultural and Horticultural
PAPER, is before us, and is filled with its
usual variety of instructive and in
teresting articles.
Published at Athens, Georgia, at $500
per annum.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

RASp.-We understand that steps are
hoino taken to reorganize the old Mar
,ioshurr Band. We are glad to hear it,
and hope our citizens will give their
.o,,ntenance and aid to the enterprise.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

IucKy.-Rev. Joseph H. Plunkett,
formerly of this place, and now of Ports
mouth, Va, has fallen heir to the hand
some little sum of fifteen thousand
dollars.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

DEATH is financier who settles up
eyerybody's accounts, pays all debts
and gives an epitaph as receipt III
full for all demands.
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26

tta - Is remarkable fact that, al
dan, ~ common sheep delight in YER
any, ~; heids, religious ilocks arc not
N'o''' Tor green pastors
The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-07-26
542 A Q r e S
GRLST And SAT- MILL.

with excellent water power This farm can
he easily divided to advantage into two or
three farms if required, and lies about miles
4 O. r. r., and runs r1i within half mile Of the
turnpike leading from harrisburg to Will
Transport.
Bsas@ TERMS: A sum sufficient to pay
off the costs of Court and of sale and also one
third of the residue OF the amount of sale
two -one-ninth due in five years and the
remaining ninth due in eight years. with in
terest on the deferred payments to be paid
annually lien to be reserved on the face of
the deed to secure the deferred payments
For further information apply to s1kINE
& HOFFMAN, Real Estate y gents, Martins
burg, West Va
EDMUND PENDLETON.
July 26, 1866 Special Commissioner.