davidaulloa/AmericanStories huggingface dataset:
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
HE Legislature and the senate
rial Envestigatins Committee.

The L. :. Senate mas provided tor the
ppointmen ut of a committee to lnvestl-
gate the Mississippi election. Waving
the parLizan motive which prompted the
mover of the resolution appointing the
committee, and the constitutional au-
thority OF either branch of Congress to
institute such an interference in the at
fairs OF a State, we assume that 1t Is
clearly the province of the Legislature
to take such action as will secure a full
and fair investigation, and thorough
exposition OF the whole subject of inqul-
~, 10 order that no &c paTte presentation
of the facts may be made, and that no
injury may be inflicted upon the fair
name Of the commonwealth.
Protesting against the unfouuded i'm
putation implied in the proceeding, and
the base political intrigue at the bot
tom of it, we nevertheless main
tain that the election was fair and
lawful in every particular and that
the occasional disturbances of the peace
in several of the counties were produced
by the leaders of the Radical party,
whose chief hope of success depended
upon fomenting strife and producing
bloodshed between the races. This fact
is capable of proof. The white and con-
servative voters entered upon the can
vass with fixed determination to have a
fair and peaceable election. 1t was I'M,
questionably fair and free from lntimida-
ton, and was nexceptionably peaceable,
save in the occasional instances referred
to.
The Legislature, stunning no investl-
CATION, should cooperate with the Sena-
torial Committee and facilitate It's lnves-
tigation. and take care that the truth,
and the whole truth, shall go to the
world. To this end a committee of that
body ought to be appointed, Gin which
both parties are represented charged
with the duty Of cooperating with the
Committee of the Senate, and aiding it
in making its inquiries. The mal-admin-
istration of the party which was over
thrown at the polls will be within the
scope of the contemplated investigation
and much of the testimony which has
resulted in vacating three of the places
occupied by Radical State officials,
should be adduced before the Committee,
and through that channel go to the
world, revealing the awful depravity of the
rule that has been overthrow in this
State. An appropriation from The State
Treasury to carry out these objects and
to defray the expenses of the investiga
ton, would be altogether just and prop
err, and is indeed essentially necessary, so
that the good name of the State may be
indicated and the ends of justice sub
served.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
The EbiSa bilities OF Minors.

EDS. CLARION: One of the evils of Repuh-
lican rule in this State was the crude and
nasty legislation on matters of general
interest, affecting the rights of property
Many laws passed during the last six wears
have been decided unconstitutional bv
courts OF the last resort. Many are drafted
in so inartiticial a manner and with so little
knowledge of the scope and bearing of ex-
lsung statutes that even lawyers find il
difficult to conjecture what will be the
ruilng OF the courts on the construction of
particular statutes. Our system OF laws is
necessarily complex and involved, owing TO
tue necessity ofnew legislation for the pro
tectloh OF the rights of persons aud of
properly III the multiplication of pursuits
system OF laws mole intricate and diff
cult OF construction than is neces >arv, is IA
very great evil and one bitterly complained
or oy the citizen. Legislation that is crude
and In conflict with the restrictions of the
constitution, is utterly inexcusable i'm an
Intelligent Legislature.
Inc present Legislature has an herculean
TASK TO undo what has been done amisS nv
the legislatures OF the past few years All
act was passed by the Legislature of 1872
entltled An act to provide for the removal
Oh olsaoliltles OF minority in all cases where a
necessity exists without legislation" which
Is very important law aud subject well
worthy of the attention, | submit. of the
present Legislature.
~ ~ = IN NY Judgment clearly
unconstitutional, and If so. and If allowed
10 remain on the statute books for MANY
years Will lead TO hundreds of ,exatious law
suits and TO the ruin of as many administra
tors ana guardians as a certain uncOnstitu-
Clonai section OF the Code of 1857. which is
iamlIlar to most lawyers.
Article III. of the Constitution Of this
state provides that - the powers of the
government shall be divided into three dis
E.ncG departments, and each of these con-
nleu 10 separate magistracy, to-wit: those
when are legislative, to one: those which
are JUDICIAL. to another, and those which
are executive, to another; and (see q that
no person or collection OF persons being
one OF these departments, shall exercise any
power properly belonging to either of the
o'hefs' except In the Instances hereinafter
expressly directed or permitted"
. oectlon L. OF the act in question. provides
. mat any Chancellor of this State i hara
ny authorized to remove the disabilities Of
III lnorlty OF any minor in their resDective
districts, ON petition" etc
Inc laws of our State provide that a mir
nor cannot make contract that he.eaunot
insCitute suitin his own name or he snad
enae ne cannot execute release or olive J
va "a receipt This law applies i'm the case
OF every person under the age of TWENTY
one years. ESQ ass 49, -
Inc removal of the disabilities oil mi,or-
10y va very lnartistic term, by the. wav.1 in
t ehe case OF any particular minor Involves
In l repeal OF an existing law, so far Az #
anects saal particular individual. In other
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

There was d noticeable absence of col
ored men at the Republican Convention
on Thursday.-Pilot.
THE meaning of it is that the colored
men hereafter intend to "stand firm and
wait to see what is to be gained by en-
listing hereafter under the banner of the
handful of white office-seekers, and
against the great body of the white peo-
pie of the State. They have been agree
ably surprised that the predictions of
their late leaders, that Democratic vic
tory would be followed by legislation
prescribing and discriminating against
the blacks-the destruction of the schools
at which their children are educated,
and all that sort of thing-have been ut
terly fslsitied by the perfectly fair and
impartial course of the present Demo
cratic Legislature. Therefore have they
called halt in their hitherto blind fol
lowing Of the adventures. Besides, it
is worthy of note that after all the howl
the Radicals have raised about 3" the
black Code of 1865, the convention Sc
lected as their temporary chairman, Mr..
j. l.. Morphis, who was conspicuous
member of the Legislature at that peri
cd, and voted for some of the measures
they have pretended to regard with the
greatest horror.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
stephen A. Douglas, ct al vs. aEas.
W. Bennett. ca al No. 1851.

Opinion OF the Court by SIMRALL, Oh. j i,
In 1854 Mrs Stephen a. Douglas died,
leaving real estate in Lawrence county,
which descended. to the appellants, as her
heirs st law In 1858 the late Stephen A.
Douglas as guardian of these heirs at law,
minors. sold the land, under a deere, of the
Probate Court, Strickland being the pur-
chaser who resOld by deed with covenants OF
warranty, to Bennett. part of the pa =
chase money was paid TO he guardian, Il q
valuable improvements We're made on the
i,nd~ by the purch ser.
Eies tm"nt Was brought by the heirs at
law of Mrs, Douglas. and for def els iii the
proceedings Tor the sale, it WIS admitted
that hey were entitled to recovery at law
Strickland and Bennett filed bali in
equity, Ell joining the suit at law, ray z
for REIN bursemcDt for the improvements,
and allowance for the money paid to the
guardian. The equity TO REIN burse for i'm
provements was conceded in the answers 3,
but the claim made by compliments for a
credit tor the money paid the guardian, was
resisted 1t was not shown that the money
was appropriated III any way for the use
or benefit of the wards. There was decree
for the defendants in the Chancery cause
Held:
L. 1t devolved upon the complainants to
snow that the money paid had been in some
manner appropriated TO the use or benefit
of the wards; it was not enough to show
that it had been PAID to the guardian.
III. The rule is, that where the ward seeks
to recover lands sold under decree of the
Probate Court, for defects in the proceed
ing, and has received the benefit of the
price paid, he must fairly account with the
purchaser, respecting the money thus paid
On refundng the money he may cover
the property, or court of equity viii tr, at
The pay ment rs an equitable charge on the
land. ReUerSed aud renadnded,
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
PayIor vs.. RERe state.
Opinion ofhe Court By TARBELL, j,

Plaintiff in error presented a claim
against the county TO the Board of Super
visors for allowance. The Board rejected
it. An appeal was taken to the Circuit
Court, where the action of the Board was
affirmed. without consideration of the
me its of the claim. Therenpon the case was
brought to appellate court by writ of error.
The only question presented was whether
the judgment of the Circuit Court was final.
Held:
|. On construction of 9l3S3, 1884, the
Judgment of the Circuit Court in this class
Of cases WAS not final. Under the Code OF
1857, page 40, such judgment was express
ly made final; but the language of the Code
of 1871. 913S3 is different, the clause ma
king such judgments final being omitted.
Reversed and re1ndnded
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

The New York Tribune suggests that,
though Babcock may have escaped on
the pleas of his counsels and the rulings
of the Court, the escape of the President
or the Republican party is another ques-
ton Men are sure to remember that
the whisky ring was first organized in
order to raise a campaign fund for the
restoration of the Presidents faction,
after its defeat in 1870 by division of
the Republican party. They will not
forget that it was continued professedly
to establish "a reliable organ" and then
to help the election Of Grant in 1872.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
Observation-Disclosures.

The case of these two persons is wide
ly different One is charged with having
driven a good bargain for himself as an at
torney and for the company he represent
ed. He was private citizen, and no party
could be responsible for his acts. Bel
KNAPP. as the head of the War Depart
ment, was acting in public capacity,
and in that capacity, sold for his private
Golfers the offices at his disposal. There
is still wider difference In another par
ticular, even assuming the worst against
Pendleton. He did not seek, like Bel
KNAPP, to cover his act by pleading that
the woman did it." Like brave
man, he takes all the responsibility, and
if at last it should be discovered that one
of the fair sex has shared forbidden fruit
with him, the discovery will not be at
tributable to his want of manliness.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
SENATE STANDING CONIIIll

JUDICIARY-EIr. Taylor, chairn''
Catchings, Reynolds, Johnston A''s-
and Everett.
FINANCE-Mr. Graham, chairnai
Allen, McCaskill, Smith and Csr'a'
AGRICULTURE, COMMERCE AID
TUREs-Mr. Mcneil, chairman h'; i'
colt, Hooker, Griffin and Stewart '''-
EDUCATION Mr.. Foote, Chairman
Catchings, Sims, Smith, and hhl''~
PUBLIC WoRKs-M Mr.. Garter ="
Messrs. Thompson and Shirley 'eo@
PRINTING - Mr.. FitzGeraldr z
Messrs. Barry, Oldham, Johnston AZ
RAILROADs-Mr. Furlong, chaiTllA
Allen, Foote, McCaskill and lu''''
CLAIMS - Mr.. Nets, Chairman
Graham, Thompson, Smith ana f''
MILITIA-Mr. Furlong, chalrD'-
Mendenhall and Hooker.
FEDERAL RELATIONS - M. ~
chairman; Messrs. Fewell, IhOiD
erett and futile. =
COUNTIES AND County BotS S',e
McCaskill, chairman; Messr'' v
er, FitzGerald and Smith.
PExIrENrrARY AND PRlsO,yss M,
chairman; Messrs. Callicott, A''N
tie, Terry and Mcneil.
HUMANE AND BENEVOLENT ,I...s
Mr.. Johnston, chairman
Thornton, Furlong and Lyere"
PUBLIC LANDs-Mr. Oldn'"'
Messrs. Nets and Griffin.
CoRpoRArIoNs-Mr. Chalme.[ss. 3.
Messrs. Barry, Thompson, Ui''-
(col. .
COMMITTEE on ENGRosskp M
MendenhalI, chairman; Me''i'
Thompson.
senate Joint CO""i'''',
EXECUTIVE C0NFlNGENI u.fl@|
Messrs. Nets ana ~
ENROLLED BILLs-Mr. hVOAN
Messrs. Carter and Pratt 4
STATE UNIvERsITIEs-Mr; Inv
man, Messrs. Callicott, Gr'inH ~
Rre,srR AND E1rcrlos-N'Is
chairman; Messrs. CateiiHs
Pratt and Barry. ~
UNFINISHED Business vi aFv
chairman; Messrs. Oldham 4
BANKS AND BANKING-hr; ~
Messrs. Hooker and Stewart II
CONTINGENT ExPENsEs-lJN hR
man Messrs. FitzGerald anu a
INTERCHANGEABLE. Jopn'
Messrs. Terry and Tuttle' 81
LIBRARY-Mr. Thompson
Oldham and Furlong.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

The Senate has passed Morton's patent
scheme forcounting the Presidential vo es
of the States, in convention Of the two
Houses of Congress. The provisions of
the bill in its present form are of little
consequence. The House, if it touches
the thing at all, will tear it to tatters.
Chicago Times.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

The Mississippi Investigation is to be
made. Previous to the passage of the
resolution by the Senate yesterday Mr..
Bruce, the colored Senator from Missis-
sippi, made SO strong statement of the
outrages alleged to have been committed
in that State, that Mr.. Key, the new
Senator from Tennessee, declared his
purpose to vote for the resolution, even
while dlsbelleving the allegations. In
quiry can do no harm, and if the colored
people of Mississippi have been disfran-
chlsed or intimidated the fact ought to
be established.-New York Herald.
Certainly, inquiry can do no harm, !"
and our Legislature, not the Democratic
Executive Committee, ought to see that
every facility is afforded for making the
investigation full and fair. 1t is an af-
fair of the State, not of party.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

A pretty little Ohio schoolmarm tried
to whip one of her pupils, boy of ff-
teen, the other day, but when She com
menced operations he coolly threw his
arms around her neck and gave her
hearty kiss. She went straight back to
her desk, and her face was Gust as red !"
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

The colored brethren in the Southern
States are said to be for Morton at Gin
clnnati, by large majority. Possibly,
it not probably, however, these same
States will go for the Democratic candi-
date in November.-St. Louis Repub-
lican.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
some OF the Best"

The DAILY CLARION is one of our
best exchanges; we welcome with vivid
pleasure its daily visits to our sanctum,
for the very best of reading matter is
found within its columns.
Advertiser.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

There is deacon in Cleveland who
IS training at present with the noble armv
OF independent voters. The other day
party man twitted him with being on
the fence. EYES," said the deacon. 81
am on the fence, and there | propose to
stay as long as it is so confoundedlv
muddy on both sides"
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
Connection. sends .Ee Way.

The land Of sober habits " opens the
ball gloriously for 1876. The Democrats
have swept the State-electing their
Governor by majority Of between three
and four thousand, and carrying the
Legislature by decided majority, thus
securing the election OF d United States
Senator. Well done, Connecticut
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

Washington Telegram. ]

Washington Telegram.l
G. S. Bell, who yesterday, testified
before the Committee on War Expendi
lures, was tonight assaulted by man
named Mollere, in the hotel in this city.
Bell was seated in the hotel, when Mollere
entered, and, walking up to him, struck
him on the head with cane. The par
ties were separated, and Mollere left the
hotel
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
HOUSE STANDING COVv''''

JUDIcIARY-Mr. T.
Messrs. Baily, Dabpev' O n ! G.
Hudson I Leigh, McNai,, P Ia Gs
Watkins. Eeyuod'
WAYS AND MEANS "
den, Sykes, Leigh, Poraafes sls Il i
Yellowley, Mccormick "e 81 hte'
Shattuck. Cesso, n
On PUBLIC EDUcA7,o,.
chairman; Messrs. Gnu,ooS'--Nf
Gibson, Clay, WilkinsnSno n' 5J0as. J
Vaughan, (col), Edwsr5,, GalA
ton, (coD. US' leo.
PENITENTIARY.-Mr D
Nessrs. Tucker, Soutbwonro.NW d,
OF Franklin Mallory ( cS'la D., HI, \
REGISTRATION AND T, N'se
ley, chairman; Messrs. W.T.
drieh, McNair, Nelson. y R g,ie, St,
OF lssaquena and Parsons 'NS> u,
COMPREHENSIVE
Messrs. Dyer, Watkins 'sIeF, q,
Saunders, McLaurin Of U o., Mile, |
and Carter (col.) of warren '''a' J'q.
BENEVOLENT INsrIrrr,o,
an, chairman; Messrs, Wa.,Ss->l,
Tison, Erwin, MassingaIja, 'Sr 3 scE
Young (cOl.) 7'''i hal I
RAILRoADs. = Mr., peror
Messrs. Troup, Tucker, Shy, as
ltawamba, johns, Garrett ' C.A u
Warren, and Riley (col.l ''Fte'
CLAlMs.-Nr. benson, cb.,.
McCargo, Floyd, McLaurin ' ~ \ /,
ley, Drake, Pound, Croslsog9' 1l,s
| (col.) '"'' All \,
PRINTING--Mr. Harper ch.i.
Carter Of Holmes, BlGupt "iIi, ,qa /.
Lawrence, Bridges, Meade. '' J.'a
and McNeese (col. 'VaA4
FEES AND SALARIES. M,
chairman; MessrS. Dabnav :" T. e
Horton, Warren, Campbell n.y. NV
Brown. ~'' 4clg
APPROPRIATIONS.-Mr pos.
man Messrs. Stebbins, Trio !
JagerS, GOwan, Boyd, Flor5 n |.
| (cOlD. wv @ q
FEDERAL RELATIONS NJ.
chairman; Messrs. Jarnagip Sb n y
and Parsons. -" 'u'poA
COMING FNT EXPENSES N
chairman; MesSrs. johnson a - 4
Deer Fortune and SanderIin, ,ool W
AGRICULrURE.-Mr. Hogan a..
MeserS. Erwin, Guyton, Penni,..'' a
sey' Pound and Chiles (col.).
COUNTIES AND ROUNDAR,vs u
OF Franklin, Chairman: Mas,, w. y
Shelby. Dear, BasSett, FairlrN y, N
Hu dlestOn and Mallory lcoH ~
INFRINGEMENT AND Reform ~.
tune, chairman; MeSSrs. Aldrich M
of smith, Bean, McWhorter, Boyj ~
| SapS.
PROPOsIrIONs AND GRIFy,ycr
Leigh. chairman; MessrS. HqIr@ /
Bean, Watkins, Gayden, Shattucs \.
Holmes, and Spight.
PUBLIC HEALTH AND OU.R,up,
Shelby, chairman; Messrs. Carrr@s
ellis, Rowan and Young (coll
PUBLIC BUILDINGS AND GRorn.
Mccormick, chairman; Me,sE 4
Mclnnis, Campbell, Parker P,,-
and Brown (Col.)
MILITARY AFFAIRS.-Mr. Spi,
chairman; MrssrS. Hebron Bell b
johnson of Winston. S0uthworh mi
zoe (cOl.)
ENGRossED BILLs.-Mr. MeNh,
man; MessIs. Dabney, Dyer, MITE
Hussey.
JOINT STANDING COMMITTEE
ENROLLED BILLS.-Mr. Meade ch5I
Gibson, Baker, McCargO, and "
(col.)
EXECUTIVE CONTINGENT FUN-
Stebbens, chairman; Messrs JOleal
Crum, Gayden and Jacobs (cOl.l
STATE LIBRARY.--Mr Clifton, ci1
Messrs. Jayne, Amacker, GuAa
Shattuck.
UNIVERSITIES. - Messrs. TOlP
Byrd of Lawrence, Clay and Jtlla
IMMIGRATION. - johnson Of la'l
Johns, Bridges, Saunders, Schoi
CessOr.
MANUFACTURES. -Causey, Gars
Walden, Hogan, Wilkinson and Aoa
UNFINISHED BUSINEss.-NeilOEl
benson. Sykes and Edwards.
MISSISSIPPI I.EvEES Percy CMa
SouthwOrth, Campbell, Nichols ~
and FitZG erald.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

Chicago Times
BeIknap's $4,000 looks sickly by
the side of the little present of ST.
5000 that Robson made to Jay
Cooke q Co. out of the public treasury
To compare the two together would be
ike comparing sneak thief to a sue
cesstul safe-blower.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05
MISSISSIPPI LEGISLATURE.
OBSERVATION-DISCLOSURES DAY.

TUESDAY, Aprii A, 1876.
Mr. President Sims in the chair. Prayer
by Rev DR.. Kline; absent o.
THE VETOED BILL.
The bin to re-incorporate Natchez was
taken up, The message was read ana the
bill failed to pass over the veto by yeas y
nay 10.
Mr.. Nets, chairman, reported ). B. for
the relief of Mrs. Fannie E. Dear, of Madi-
son county, without recommendation
Mr.. Morgan, chairman, reported 5: b.
DAG with amendments, and recommended It's
pa sage.
amendments to the registration bill.
INTRODUCTION OF BILLS.
By Mr.. Morgan: To protect municipal
corporations in certain cases; also, In rela-
ton to allowances to be made to county OF
ticers also, in relation to compensation TO
trustees of State universities. and other
public institutions they were all referred.
By Mr. Catchings: In aid of the Educa-
tional Society at Fayette; referred.
By Mr.. Barry: For the relief of r. Il.
Smith; referred.
by Mr.. Allen: To provide for leasing oI
the Pententiary; referred.
H.B. supplemental to the court district
bill passed
5. b. to incorporate Green's Bank. The
committees amendments were adopted ana
the bill passed.
M'CLURks CASE.
Mr. Jewell moved to take up the resolu-
ton in re ference t. Ill. B. Mcclure, Senator
from the 9Th District. Mr.. Allen moved to
postpone until 80 o'clock carried.
Mr.. Catchings called up 5. b. TO provide
for the redemption of lands held for taxes in
Levy District No. l. The several amend
ments were adopted and the bill passed.
) B. for the reiefof Mrs Fannie f. Dear,
of Mafison, was amended and passed. F
BY Mr.. Chalmers: A ioint resolution pro-
testing against the action of the United
States Senate, in reference TO the Mississip-
pi election, when no question as to said cleo
ton was before the Senate; referred
III. B. to prohibit the sale of liquors with
in three miles of Atlanta, Chickasaw coun-
ty, passed.
Fl B. to re-incorporate Port Gibson
committees amendments were adopted and
the bill passed; and was reconsidered and
recommitted.
BY Mr.. Reynolds: To incorporate the
Military Institute, of Aberdeen referred
By Mr.. Furlong: To amend the act to reg
ulate the tax for liquor licenses.
ii. b to incorporate French Camp Educa-
tionaI Association passed.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

THE appointment of Messrs. Bayard
and Mcdonald on the Morton investiga
ting committee will secure able represen-
tation in behalf of the Democrats.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

THEY have gobbled up almost every
thing in sight.-Times.
That's what made the boys who attend
ed the Radical wake the other night so
mad.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

GOOD news from the East and good
news from the West. Lights breaking.
The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1876-04-05

Mrs. Ellsworth, wife of the Postmas-
ter at Middleton, o., has been detected
by a department detective in stealing
money from letters sent through that
office, and has confessed her crime. Mrs.
Ellsworth is more than sixty years old.