davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
THE SPECIAL ELECrIOas.



In another column we have published
the Proclamation of the Governor for
elections in a number of counties to fill
vacancies in the Legislature. It is the
duty of all citizens, registrars and voters,
TO heed this order from the Chief Execu-
tive of the State We regret to see that
one newspaper at least, (the Seashore
Republican, has advised that the Procla-
nation be treated with contempt. 1t err
rcneously assumes that the election Is to
fill out terms (which have already ex-
pired.v The election is to be held on the
Both December, and under the Constitu-
ton, even according to the interpretations
of those who believe that the November
election was valid, the terms of the pres
ent incumbents do not expire until the
first Monday in January, 1874. On the
other hand, if the construction of Gov.
Powers be correct, their terms will not
expire before the first Monday in j anuary,
1915. 1t follows, therefore, that in either
event, the terms Of the present member:
have not "aIready expired" and thai
Gov. Powers is performing a strictly con
stitutionaI duty in issuing "writs of cleo
ton to fill such vacancies as may have oc
Cured"
In this view of the case, and to guart
against all possible contingencies, We
would earnestly advise the registrars, VIII
are sworn to obey the laws, to proceed
to hold the elections, and voters
irrespective Of party, to attend the poll
and elect eligible and competent person
, to fill the vacancies. If the Suprem
Court decide that the election of Novem
Der was not in accordance with the const
tutional requirement that elections shal
be held 'biennially," the election no'
ordered will assume an important praC
teal shape, and it will not be mer
empty form that the voters are admonisl
ed to go through. What that decisio
will be, we presume no person can for
tell, but inasmuch as it involves an issu
on which the legal mind of the State is
vided, it is reasonable to assume that tn
result is doubtful. 1t all events, let tn
people take care to do their duty &
/. law-abiding citizens, and see that the VI
cancies are all filed.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
Life insurance Decision.

The following important decision was re-
Gently rendered by the Circuit Court of the
United States for the Western District OF
Tennessee:
CIRCUIT COURT OF THE UNITED STATES FOR
THE WESTERN DISTRICT or TENNESSEE.
W. E. Tat ct al, heirs Of Doctor Samuel Bond,
! deceased, vS. Nelo York Life Insurance
Company. Commons, j.
A policy of insurance which indemnifies
public enemy against loss in time of war
| is unlawful and where entered into before
hostilities, is abrogated when they occur.
| The relations it establishes are illegal be-
tween belligerents.
Where life policy provides that it shall
| be void upon the non-paym OF premiums
/ within the time prescribed, such payment
| is condition precedent; time is of the es-
| sence of contract, and there can he no re-
covery if punctual payment is omitted.
Where the performance of "A condition pre-
cedent becomes unlawful, or by the act OF
! God. i'm possible, this will not authorize the
| recovery upon the contract without per-
formanee. Such case is distinguished from
those in which subsequent impossibility and
| illegality are relied upon defence.
A contract of insurance the continuance OF
which depends upon the election and acts of
the insured, is not like deb: the obligation
OF which is absolute, and which is suspended
only by war.
The relations between the members of a
corporation for mutual insurance present all
the evils and are dissolved by war for the
same reasons as those between ordinary CO.
partners.
The reasons for the dissolution of execu-
tory contracts by war are not alone that
such contracts involve inter-communion
across the hostile lines, or that they relate to
property liable to capture; but more espe-
cially because their execution increases the
resources of the enemy.
court of equity has no authority to de-
cree the specific performance of an agree
ment in favor of a party who has failed to
perform condition which is of the essence
Of the contract, although prevented by its
becoming subsequently illegal or possible
by act of God.
A court of equity will not relieve party
from the effect Of emitting to perform an
act, although the omission was caused by
subsequentiilegalityo or impossibility arising
from the act of God, where such act was
merely optional, aud the other party had no
right to enforce its performance.
The agency of one representing an insur-
ance company, authorized to receive pre-
miUms azd renew policies, becomes unlaw- |
full when the insured and insurer become
pu blic enemies.
Humes & Poston for plaintiff; Randolph,
Hammond & Jordan for defendants.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
the great and holy Office Of wife. Men
make mistakes.

the great and holy Office Of wife. Men
make mistakes.
While on the subject of the objects OF
ridicule, let me call attention to old Wild
overs. 1t seems to me, that of all Gre
ated things, an old widower is most yul-
nerable to the shafts of ridicule; but the
girls appear to have a sympathy for this
bald-headed and FURNISHED class, and
treat them with great kindness.
| have just read over what L have
written, and it seems hardly worth send
ing to YOU, but it is the best | can do.
Thanksgiving day is over, and no one
in this section went to church or thanked
worth a cent. Such a circumstance is
mute but eloquent protest against the
government which is over US. Peerlng
into the future with painful effort, can
see nothing but darkness. Cotton is sell
ing for something more than when wrote
YOU last, but even if it shouldgo to thirty
five cents per pound, the proceeds cannot
buy beneficial government, or remove
from US the cause of our present political
ills, or secure to US future repose and con
tentment. The remedy demanded il
plain, but will be used as the last alter
native.
/ have rarely seen the spirits of th'
people lower. They cling to their home
and their lands, hoping, like Wilkins
Micawber, that something will turn up
May the good God look upon Mississippi
The cotton crop is gathered, and it vii
be found to be- about seventy five pc
cent. of the yield of last year, or thre
millions of bales.
Any of my friends who may desire t
do so, can leave me Christmas gift wit
the CLARION office; it will reach need
mortal WILLIAM.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
Well Said.

An Alabama correspondent of the
New York Times, describing the melan-
cholly condition of the industrial affairs
of that State, in contrast with its great
ness and prosperity observes that it Is easy
enough to say that Northern energy, un-
der like circumstances, would have speed
lily built up the waste places. Certain il
is, that too often when Northern energy,
backed by Northern capital, has come
down here to buy plantations to raise
cotton, energy and capital have both. in
some way, disappeared, and left not a
wreck behind. The reason was simply
that no man can do what he don't know
how to do; and when Northern men tried
to raise cotton, they attempted to do what
was beyond their knowledge, and put
themselves in the power of the negroes,
who made them believe that nobody hoed
in the cotton-felds in damp weather, and
such like nonsense, till the grass caused
the inevitable failure. The proper use
of Northern capital in the South is in es-
tablishing manufactures and developing
the mineral resources of the country.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

From the Vicksburg ]

! Il IOAb IiG lChSDuTR 1lmes-
The Auditor of Public Accounts hay-
ing declined to levy tax upon the coun-
ty of Calhoun, to raise funds necessary
to pay principal sand interest due upon
bonds tor subscription voted by said
county to aid in the construction of the
Vicksburg and Nashville Railroad, Gen
eral Tucker, President of the road, has
instituted suit with view to compelling
the Auditor to make the Necessary lew.
The refusal of the Auditor to take ac-
ton in the premises is based upon the
ground, that the points raised in the con-
troversy, bring it within the provisions Of
section 4, chapter SO, of the laws of
1872, and therefore, present case
which he is unwilling to determine-a
proper one for adjudication by the courts.
For the same reason, a levy upon the
the city of Aberdeen in behalf of the
Selma, and M. r R., has also been
refused; legal proceedings have not vet.
however, been commenced in the latter
case.
T. j. Hardee, who formerly held the
position of State Engineer, which Office
was abolished in April last, by legisla-
tive enactment, claims that the Legisla-
ture had NO authority to abridge his Off
cial term, and consequently, that he is en-
titled torecieve the salary pertaining to the
position $500 per month"; until the ex-
piration of the time for which he was cleo
ted. eo s,.- - :
Col. Hardee has sued out mandamus
upon the Auditor, with view TO obtain
ing q decision from the Courts regarding
the validity Of hia claim.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
The Bribery Charge Again.

The Pascagoula Star has the following
reply to Captain French's letter, which
appeared in a recent issue
eve received the above parting shot
from Mr.. French a few days ago, which
being delivered as he was hurriedly fall
ing back without the limits of the State,
comes very wide of the mark.
There is nothing of an evasive ma
ture in our statement. We declined at
first giving the name Of our authority,
but being authorized to do so, furnished Il
to Nr. French, as tUe stated IN our issue o.
the 18th Therefore how he can ask foi
our authority which he "will meet when
produced, " we can't comprehend.
This is conclusive as to the good faith
of our cotemporary of the Star, but We
respectfully suggest that the public hav'
ing become a party to the matter is emit
tied to the name of the person on whose
authority it has been charged that Capt.
French (and Others sold their votes fol
money to remit certain taxes due the
State The Legislature will be COMPEL.
ed to take cognizance OF the matter. The
persons implicated, if guilty, will not be
eligible to seats in that body.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
Odd Fellowship in the United States.

We are very much indebted to the cour-
tesy of ID. n. Barrows, Esq, one of the Re
presentatives of the Grand Lodge of Mis-
sissippi L. o. o. f., to the Grand Lodge Of
the United States, which assembled at Bal
timore, on the 10Th September, for com
plete files Of the Daily Journal of its pro-
ceedings. From the Report Of the Grand
Secretary, which occupies LA pages Of fine
print, we have CLEANED the following statis-
tics, which show the rapid and amazing
growth of this great Order now but little
more than half a century old. The Grand
Lodges of New Mexico, Dakota Territory,
Province of Quebec, Peru, Sandwich Is
lands, and Switzerland, are included in the
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
CAN'T BE TRUE:

The Vicksburg Herald learns that
the Ames' faction have offered to elect
Judge Tarbell, of the Supreme Court, to
the u. S. Senate, in consideration of 4
decision in favor of the constitutionality
of the November election. For the hon
or of human nature, we would be prone to
discredit the report; and We are sure the
proposition, if made, would be repealed
with scorn by Judge Tarbell. AS we have
before remarked, he and Judge Simrall
have from the beginning observed a be-
coming reticence on the subject of the
election laws; they have taken no part
in the partizan contest on the subject be-
fore the Legislature, and are in condi-
ton to approach it in spirit of strict
impartiality.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
A Specimen Carpe1-Bagger.

The defeat of Legrand W. Perez, a
fith-rate carpet Dagger who represented
some God-forsaken district In Mississippi
In the last Congress, and who was a can
didate for the Postmastership of the House
this time, is regarded with satisfaction by
men of all shades of politics, in and out
of Congress. This man Perez has been
one of the most inveterate office-seekers
in the country. He has been trying for
half dozen positions since the last
Congress adjourned. He puts man in
mind of that class of cheats" who start in
by asking loan of $500, and drop grad
ually down to twenty-five cents. Perez
first tried for foreign mission, and then
kept falling till he endeaverd to fasten
on the postmastership of the house. He
is now an applicant for the position of
Chief Messenger of Bureau in one of
the Departments.-Washingto CORES
pondence.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

The municipal election which is called
Democratic, in Mobile by its friends,
headed by Reid, as candidate for Mayor,
was elected by about - to 20 majority.
1t was miss as good as mile. -Merid-
ian Mercury.
This is rather poor showing for a
place which boasts a white voting MAORI
ty of 900. 1t was the Mobile Register
we believe which recently read solemn
lecture to the Mississippi people because,
with aregistered Radical majority of
$4,000, they have not been able to
defeat the Radical party. In this connec-
ton We may add that the Republicans
have recently elected their Municipal
ticket at Montgomery, the capital of our
sister State.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
The Supreme Court and the EIec-
IIOn Question.

The Pilot, commenting on statement
of the Liberty Herald +" that Chief-Jus-
tice Peyton took very prominent and
active part while the question of election
or no election was before the Legislature, ;"
says the editor of the Herald, ''has evil
IDENTIFY been misinformed." 1t is proba-
BILE the Herald drew its inference from
THE CLARION, in stating that Judge
Peyton used his influence with members
to defeat the bill to postpone the election,
we stated a fact as notorious here as any
thing could be.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
Cuban News.

The news from Cuba that the Spanish
Government would not be able, in conse-
quenceof the opposition of the Cuban au-
thorities and people, to carry out the pledge
for the surrender of the Virginius into
effect, has produced profound impress
sion and reawakened apprehensions of
war. The resignation of the Captain
General, on the ground that he could not
enforce this agreement, has given inten-
sity to this feeling. The situation is
critical.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

AN ACT entitled an Act to allow the
general school law of 1873 to provide
temporary boards of local trustees
for the public schools in incorporated
cities of more than two thousand in
habitants.
SECTION 1. BE it enacted by the Leg
islature of the State of Mississippi, That
the general State school law of 1873 be
so amended as to authorize the Board OF
Mayor and Aldermen of Incorporated
cities of over two thousand inhabitants
to receive and perform all the duties de
volving upon the board of local trustees
until such time as local boards of school
trustees can be elected in accordance with
said general State school law
SEC. 2. BE it further enacted, That
this Act be in force from and after its
passage.
Approved November 1, 1873.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
The Eighth Senatorial District

There is a vacancy in this (the Sth)
Senatorial District, composed Of the
counties of Simpson, Smith, Covmgton,
Jones and Wayne, caused by the resig-
nation of Hon. II. J. Hardy, and still
the Governor has ordered no election to
fill the vacancy thus occasioned. We
are at loss to divine the object of His
Excellency's oversight. Westville News.
Our contemporary will have seen that
the omission has been supplied. An
election has been ordered for - De
cember. Let the people sec that good
man is elected
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
SPECIAL ELEcrrn,.
p -. OF Gov. b..


WHEREAS, vacancies have cc,r...
the House and Senate By r.s.,.
death and otherwise; and.
Whereas, BY the provisions ofe....
394 and 395, Article TX. of ny p.
Code of 1871 it is required trst ..l
cancies shall be filled by tho na.rI.
Now, therefore, j, RIgLEY d p...
Governor Of the State of Ai........
virtue Of the authority vested m ~
said law, have this day i.uel v-.
quiring the Registrar of Ito
named counties 70 hold am eI..a..
the fifth Tuesday after the frt H..
in December, to ill the yacaDaia. ,..
! occurred, to-wit:
To Registrars Of Adams Count.
election of one Represenatiya
To Registrars Of Pamela county. ..-..
tion Of one Representative.
To Registrars of Coahoma connie
election of one Represeutatv.
To Registrars Of Tallahatca.e a..r..
election Of one Representative.
To Registrars Of Lowudes cauar
election Of one Represaunar.
To Registrars of Warren county
election Of one Represeua.ir.
To Registrars Of lssaqueua county
election of one Representative.
To Registrars Of Tate county. Ior..
of one Representative.
! To Registrars OF Harrison count. .
election OF one Representative.
! To Registrars Of Hancock. u.-.
jackson, Marion, Green aHd p.r
member Of Senate, lst District
To Registrars Of Copiah and la.-
for member Of Senate, 6th D.-
To Registrars Of Sundower. Tu.ahr
and Grenada for member 81
18th District.
! To Registrars Of Lafayette and Pa
for member of Senate 200b U..
To Registrars Of Union. Tipn.
Benton for member of Senate. g..
trict.
To Registrars Of Marshal FIR m
of Senate, 25th District
To Registrars Of Pamela for mm..
Senate, 26th District
In testimony whore
....... have hereuut0 sat mr
SEAL. and caused the great
'.'''-.' the State TO BE aHN.d H F
utive Office, this oath day of Noy
A. D. 1873.
r. a. POWER.
By the Governor
H. G.. CARTER, Secretary f.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

From the Independent I'D.
1t so happens that the official r."
Gov. Powers will in any event ID. ..
tutionally extended beyond .U.
Monday in january. Ihc cuuuM
provides, it Is true, that the 'U...
year shall commence ON thc Gr.l A.
Of January in each year. but r
provides further, that "tha r.uu
every election for Govoucr ..
sealed up and transmitted t0 the .
government, directed TO thc Soar...
State, who shall deliver them H
Speaker Of the House of Rcur H.
at the next ensuing session OF IN. IA.
lature, during the first week of which.
sion Of the Legislature, during ..
week Of which session, thc -p..I..
open and publish them in tla H
of both Houses of the Legislature.
person having the highest number
votes shall be Governor" Ar.
Section .,
Now, by Jaw, the time for tHa
Of the Legislature has been CHANG
Tuesday after the lst Monday 4.
day after the third Monday or IH
so that it cannot be legally known ..
been elected Governor until ON.
week in January. 10 Is true I
term of Office viii commence ..
Monday, but the inaugurl.i.u
take place until the third week
will there be an interregum during
time, since the constitution provide.
the Governor shall hold bis office
the term for which he was elected
removed by impeachment or Other.
and until his successor shall U.
qualified TO enter on the disnharg.
duties. Article 8, Section 22
II was doubtless an oversight DID, ...
islature which brought ab0u. t.r
Of things Might not the constitute.
~ Of the late election be I'm SOME HaE
termined by the Supreme Gour. 0.
the Inauguration Of Senator Ame '
ernOr can, in any event, take place.
There should be nodiscredInb.. "-
ling, or anything to invite federal
vention in connection with this
Let the constitution and laws
pounded by the Supreme Court BENZ
laby maintained.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

We copy below from the Rich
mond Enquirer a report of significant
inverview between President Grant and
Col. Mosby, of Virginia, wherein the
former gave utterance to certain remarks
in regard to the Southern people "lately
engaged in rebellion" which, if acted
out in good faith, will go far towards
celebrating helines of sectional and par
tizan passion. The manifestations of
magnanimity by the ruling powers to-
wards these sensitive and heightened peo-
pie who have been prescribed and are
under ban, will be more effective agent
of peace than all the garrisons and war
like equipments which the Government
can afford
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

A correspondent of the Oxford Falcon
recommends Col V. w Thompson for
the vacant Senatorship in the Lafayette
Pontotoc District, and states that the
Registrars have determined to hold the
election. This is as it should be. They
are sworn to execute the laws, and the
Constitution authorizes the Governor to
issue writs of election to fill vacancies
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
The Election Cou,c.,
Vvhur 'he Pres. say.

From Che Houston Mu."
We are pleased % learn taa.uOU
ernor has employed able counsel . 4.
the legality Of the election h.d "
18th ult., and that he has ISSUED b"
nation ordering the election of H..
Of the Legislature In tho eauu.
vacancies occur. We have ever U...
the position of the Goyoruu. r.r-.
are much gratifed ~ know l.I j.
the moral courage to bring OH.
before the proper tribunals lor ...f
cision.
From the luJcpguHau.
We, ourselves, believe thru.a...
to have been constiuliouaIF h...
consequently that Gen. Amos $50. ...
titled to take his seat a- Guyrm.
first day in January 1874 N.
such lawyers as George J.. Potter
others we could name, tUIuh ...|..
we recognize the fact chat 49,. w
mistaken, and are perfectly ".
abide the decision of thc Supreme.
The issue between Gov. I0"
Senator Ames cannot, we l.ua
up before the latter claims tu N. NJ.
ual Governor, but when olro... ..
before the Court it can Ne decided
few days. Whil-tit 10 Is pending
will be no vacancy IN THE GuHou.
or any other Executive officer -H..
the constitution, the present Iuam
hold until their successor. 'sHa.. ...
elected and qualified 90 onrer uu ...
charg Of their separate duties.
From thc Central
Who is Ames that ho should b.
mitted to occupy am Office goo W...
may be, he is not legally wi..H "
out the least obstacle being Throw.
his way. If the courts doa.I.
favor, all good lawabidiug DIT.
will say "Amen," and il tbc do...
adverse to his claims, the am. ..
people will still say 'Amou N.
quiesce, and he who asserts ....
knows little Of our people.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

Large numbers OF negroes are trans
ported every week chiefly from Alabama,
by landowners, ever the Vicksburg and
Meridian Railroad, to the cotton lands Of
Louisiana and Mississippi. The Lex
ington Advertiser mentions that associa-
tions of land proprietors are importing
large numbers of that class Of laborers
into the Yazoo region.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11
FAVORED MosBY's POLICY

In response to an animation conveyed
by the Pilot, that Joseph Muckenberger,
the honost German" was assaulted on
the Seashore, for voting the Republican
ticket, the Seashore Republican says:
Owe can inform our contemporaries
that although Muckenberger did vote the
Republican ticket at the late elections,
still there has never been the least suspi-
cion in this community that his assassi-l
nation was even in the remotest degree
connected with politics or party rancor.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1873-12-11

IuKA HERALD.-We are glad to vel
come our old friend DR.. J. 5. Davis, to
the editorship of the Herald. He is a
good journalist, and it Is well for the
public that he finds congenial employ
ment in the profession.