davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
Disbursements OfGIae state Treas
mry for Ghe Near 1873

From the report OF Treasurer Hem
ingway, we have copied the subJoIned
statement of disbursements of the State
Treasury for the fiscal year 1879. 1t
will be seen that several items are enor-
mously neavy. For example, the Peni-
tertiary and Lunatic Asylum. On ac-
count Of the former, 1892, 835 were ex-
nended. and for the latter 1888, $50. The
expenditure on account OF the Executive
Department, s54 1863, is about FIVE times
in excess of the average expenditure 1or
the same department under citizens rule
For assessing, the enormous sum OF soo-
844 was expended. For the Judiciary
1905, 267, we're paid for the public
printing s82, 00O--comment Is unneces'
sary: but wait and contrast the expendl-
ture under this head with the expendI-
| ture for the wear 1876. There will be
signal reduction on account OF the Ju'
dietary when the reform bill which has
passed the Legislature is put into opera
ton. The year 1877 will furnish the
contrast between the Radical policy o.
extravaganza and the Democratic policy
of economy in this department.
For the purpose of comparison
would be well to file away this table
showing the disbursements Of the State
Treasury under the several heads OF &C
count during the fiscal year 1879:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
Hnsm grafton Items frOHn the VIC.
Comb City HnteIIis"mcer.

The following immigration items are
copied from the McComb City Intelli-
gencer. We will add that the earnest
labors of the Intelligencer, in making
known the advantages of our soil and eli
mate, and the inducements to immigra-
ton, have awakened no little interest on
the subject among the people of the
Northwest where it is largely circulated
through the agency of the Mississippi
Valley Company, and its interchangeable
Secretary, Col. Hillyard. The following
are some of the fruits:
Mr.. j. j. Smithmeire, of Indiana, has
been in our town for the past week look
| ing for large plantation for himself and
seven sons. He is a little colony in his
own family.
Mr.. Hillyard showed him several
plantations on BogueclittO, and he ex
presses himself much pleased with this
section. He will find no cheaper nor
more heaIthful lands in this State than
there, while the beauty of that fertile
valley and its proximity to McComb City
will certainly assure satisfaction and
profit.
Since wiring the above, Mr. Hillyard
has sold the Quin place, on the Bogue
chitto, for $12, $50. The farm contains
1900 acres. Mr.. Smithmeire informs
us that several farmers in his vicinity
will buy here, as he is but pioneer
Rev. T. II. Widney, Of Limerick,
Illinois, accompanied by his wife, is stop
ping at the DeSoto House. Mr. Widpey
is looking for location for a colony from
Illinois. He expresses himself as highly
pleased with our climate and surround
ings, and we trust he will he prevailed
upon to locate in this section, and thai
our people will hold out such inducements
as to confirm him in the good impressions
he has already received Of this country
Mr.. Widney is guest of Col. NJ. b
Hillyard, through whose exertions he ha.
been induced to visit this State, instead
of Texas, as was originally his intention
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
"Ames May Read hi~ own Doom
NJ eridian Mercury !

Meridian Mercury
In the vote in the Senate, on Monday,
on the Davis impeachment case, .Adel-
bert Ames may read his own doom. In
the case of Davis, the bribery business
was attempted to he covered up from the
beginning; and while there was moral
certainty of guilt, on account of the care
fulness with which the tracks had been
covered up by the case, as made out by the
evidence, was technically weak. In the
case of Ames, his assumptions Of nnau-
thorized powers were taken boldly, know
iDgly, and, necessarily, openly in the
sight of all men, At the time that he
was defyiug the laws and usurping pow
ers that belonged to other departments Of
the Government, the Senate which late
" gave the decisive vote on Davis guilt,
will understand that his guilt is worthy
of deeper damnation because he reck-
oned upon immunity from continuance
in power of a corrupt party upheld and
sustained by brute force from without
1t would not be surprising if the four
negro Senators who voted for Davis,
doubtless from the color of his skin,
should vote by the color of his skin on
Ames. From all correct differences, his
case is hopeless.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22

waiting of the disappointed Of
fice-SeekerS.
Daily Times, 20th.l

LOST OPPORTUNITIES
.Js!St before placing OR fs rms on the
pres we are advised that notlwithstand-
ing the plain ami peremptory mandate of
he law, and in utter disregard of the rec
concentrations aud earnest appeals of prom
iHent Republicans from all sections of the
state. His Exccllcncy, Governor ATnes. has
failed 10 i'll the vacancy in the Office OF
I.ieutenant-Gov oecasiored by the
resignation of 4. r. Davis. and thar lie has
permitted The act Of the Legislature de-
priving the Executive Of the power to fill
such vacancies to become law BY limita-
ton.
We are at loss TO determine By what
motives the Governor was actuated in re-
fusing TO perform q plain duty imperatively
rnjoin d upon him by law, but we do know
thar BY his failure to act he has given of
tense to the great body of Republicans who
with rare unanimity were in fsvor of an
appointment being made.
And much more of that sort of stuff
The Times ought to have said that his
Excellencys failure to usurp the power
claimed for him, had given mortal offenst
70 score or so of ravenous office-seekers
In another paragraph, the same paper
intimates that the Governor has UiOlatec
his oath &c to obey the laws" Somebody
is disappointed, that's all.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
THE BON DEED DEBT.
Senator Chalmers ResoIuaiOm.

| WHEREAS, After reducing the current
expenses for 1875 1896, 900 below the
Radical expenditures of 1873, it will
require about $500, 900 to pay the neces-
| sary expenses OF the State Government !;
and
WHEREAS. The shrinkage in value of
the taxable property Of the State is such
| that the present rate of four mills tax for
State purposes would only produce about
1921 900 and
WHEREAS, 1t will require about S438,
600 additional to pay the interest and
the bonded debt that will mature on the
1st of January, 1877 and
WHEREAS, Tins Indebtedness was
forced upon us by Radical misruie; and
WHEREAS, Mississippi had no foreign
credit and has no foreign creditors and
WHEREAS, 1t is impossible to reduce
the present rate of taxation and pay this
debt; therefore, be it
~@Iies0fped, by the Senate, the House
cono,,rr;nc ~, THat Ne must have an
extension of time on our Don '''' 0eht'
and that we trust to cur patriotic citizens
who hold our bonds, for indulgence in
the payment of the same.
ResOlUed, I'd, That while we cannot
pay our bonded debt now maturing,
without continuing the present grievous
rate of taxation, we can easily pay both
debt and interest if extended over ten
years.
Resolued, Sd, That the Committee on
Finance be instructed to report a bill for
refunding the bonded debt and all un-
Cancelled warrants issued before the 1st
of January, 1876, into bonds payable in
ten years, commencing on the 1st of
January, 1877, and paving one-tenth
then and one-tenth yearly thereafter,
with eight per cent. interest, TO be paid
semi-annually, and that no appropria-
ton shall be made this year except for
the current expenses of the State, and
the interest on our bonded debt and one
tenth of the principal, as above provided.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
Opinion of the Court by sniRALL, ca. J.

Tl,is Was a proceeding by hd5eds corpus
IN rns part OF ) F. titles. 70 oDialh pas
session OF his infant daughter. from heI ma
GENIAL Cra ndDarentS, a. VI. W alters An" " lie'
Th,. facts OF the case are ~ hho"-: AhS
,.,.sIn was born in lS64, and her mother died
ina a few hours alter her birth, masking, u
her last request. that the grandparents
shonld take the child and raise n Inc
father asSented 10 this. and agreed mat lheg
silut,ld have the child as long AS lheN llNeu'
With rbt consent OF the father the grand
latIei MAS appointed guardian Tor the niue
Virl The father married second Wle' Huu
mad other children. The grandpareht :
were able in every respect 10 support anu
educate the child properly; were deVoieuly
attached 10 her and she TO them. And she
preferred t. live with them instead oil Wilh
her father. 1t was not shown that the iath-
err was an unfir person 10 have the CUSTODY
aud control Ot the infant. But the PROOF
showed, i'm view Of the circumstances OF thc
ease. that il was Tor the bet Interests OF TIE
chid to remain with its grandparents. whu
had taken care OF her since the death OF hci
muthe. Tue Chancellor refused 10 give
the custody OF the child TO the pet itione
Held;
l. The father has no absolute rested right
TO the custody at the child. q Mason. 4S2 J
IT,. has. preSumptiVely, he right TO The Gus
tody AMI nurture OF his infant children, but
This i not dn ADS 7iute right.
II. When il is sought by the father Il
take Il child from The family OF another per
son. nearly related TO the child, the Court
has a right to consult The permanent well
fare OF tne infant, aud frame its judgement
in the light of all the circumstances OF the
| case.
Ill. The Court, in the exercise of sound
| legal discretion, in a proper case, can refuse
! 10 transier to the father the custody of al
! infant child and in the case at bar, it does
not appear that this power has been un-
wisely exercised. Affirmed.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
w H1 Butler, use OE, etc. w.. a.. Al
cSSS "a al No. ESRa:s
Opinion Of the court, by PEYroN, }.

This Was az action on IA bond of tn.cu-
nitS brought by ". X. Butler. sheriff, ior
The use oi B"ratha Cohu against L. A.cu~,
aud Jratiam ScheIk.
The land was taken under S44, code Oh
1871, ~ the sheriff, in an IA ti,citm,n5 suIt
Tne defendants pleaded nil deJet and "A
demurrer to This plea Was susL..IIed. Tho.
defendant also pleaded specially IL bar, that
the bond was not re ur"ed WlJll the writ OF
attachment and never Med IN the papers H.
ihe attachment suit On this plea issue
Was Joined. On the trial the only evidence
offered vas the bond u a on. 1hrre was "a
Judgment Tor the d fendan.s. HclGi
|. The bond sNed Oh was the payment
o. damages on condition, and is no sucii
"a bond or obligation rs j. contemplated bt,
2 GOO. code o. 1871. The plea OF nj debtt
was not IA proper plea.
H. Or the Issue "a Joined. il devOlvcd on
The piaintih q prove that the bond had been
IL turned with the writ ut attachment. Fail
ing To make thi- PROOF the judgment for de-
fohdants was proper. Affirmed.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
The AIeOrn University Fund.

1t is rumored that the late treasurer
of Alcorn University, S. j. Ireland, did
not turn over all of the fund belonging
to that institution as required by law,
and that the reason assigned was that he
loaned it to the Republican State Execu-
tive Committee for political purposes and
he had not been able to recover it. These
are grave charges, duplicating not only a
prominent Official, but the highest author
tiles Of the Radical organization, in the
surreptitious use of public moneys.
These reports have come to US through a
very direct channel. Mr.. Gibson, OF
the House, has offered resolution of in
quiry which will bring the facts to light.
The public are awaiting it with no little
concern.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22

For the relief of T. Shall passeIs' zoos
Fartha relief of ID. Wilson passed-veas
81 nays .. absent 90
INTRODUCTION OF BILLS
Bv Mr.. Jarnigan: For the relief OF a. H.
B.. al. administrator, etc; reierre". ,a
By Mr. Spight: To repeat the ACT amen"
mo ssrrion 24.9. code of 1871: passed.
: y ia relat on TO the Inspection % F'
lie records passed
ISDEFINIrELY POSTPONED.
The following House bills were ihue'''''"
ly postponed: ,15-
To extend the provisions "i secllOi' '"''
CG!e OF 1871. 50.
Tp repeal the act 10 encourage t''t '''
( 0uetIDn OF machinery.
To allow the Treasurer-rl,et. Richard
Gray. Of Noxabee county, I" nile eond;
To amend Section 21OS. Code OF lSfl W
relation TO malicious mischief.
B. in relation 10 the property OF re!iS-
I ious demon nations
5. b to amend section l455, Code of 1871,
/ in relation TO attachments.
BILLS PASSED.
! H B. ~ aucho ize Use Chaneery Clerk 81
Jasper county 20 keep sepsrate books l.,
which II record NOR 'g@S ana deeus o.
trust, passed.
ience of the sails action OF judgments etc
passed
II. B 10 authorize Pike county To c7ln-
pr mise the suit nov pending against tVc
| SttfetltS on The Doi;i Oh tue iHle 1lVde"i = VI
| that county. passed.
II. 3. 10 repeai the act in relation IN The
| issuance OF mandates by the Clerk OF tn
! supreme Court. passed.
B. TO re establish the papers in the
| office OF A k'llnm. Justice OF the Peace, OF
| Monroe county, passed
H. b. to rep nj an act 70 amend section
2.S42 in relation 10 bail after conviction
passed
He 10 prohibit the sale of liquors Within
1 ( hi,La
was indefinitely p 'stpoued
| H. b. [, prohibit the sale of liquors with
in TWO miles OF lad tpendence, Tate county
passed,
in five miles OF Zion Hill church. Smtl
county, passed.
:. b to authorize the mayors of town
and cities to compel offenders to work Or
the streets passed.
| Ii b. to rnatle the lille Ultimate children
of the late William Stephens, of Tippal
county. 10 inherit hi property passed. H.
Ii. Is. 10 divide Pamela county into two
court districts; referred to h. members IRON
Pamela county-Messrs. Hall. Floyd anc
| Vaughan.
5 b. TO incorporate the Columbus Light
| Artillery passed.
BY MIR. Cochran: To authorize Union
county TO w special TAX to pay the out
standing teachers warrants; passed.
Mr.. Hudson moved that the vacancies III
the Judiciary Committee. caused by ttt
withdrawal Of MesSrs. Frathe stor. Null
drow andClifton, be filled by the Speake.
pro tenn Mr.. Tison; carried.
Messr~. Stands, Erwin and Troup were
appointed.
By Mr. j mes. Of Kinds: That the in
terests OF tire planters demand Legislation
for the protection OF contrac :. he Therefore
moved that IA special committee OF live b
appointed on til subject: adop ed. Com
mit'ee-M, >srs, Jone- OF Ilihd>, PaWell
Nelson, Guyton and cllOwey.
Mr. Jarnagin was excused from the Judi
ciary Committee.
BY Mr. Spgh That all the member o
the Ju licary Committee be permitted Il
resign. and thar the Speaker appoiu. new
Comm ttee; adopted
By Mr.. Ma-~ingalr: T amend the ch'r
ser OF Enterprise; referred Adj uincd
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22

SATURDAY, March 18th, 1876
Mr. President Stone ia the chat; sb-vn at
6.
REPORTS OF COMMITTEES
Mr.. Nets, chairman. reported favorabiX
on 5. B. for the relief OF SaR' Grady.
Mr. Carter, chairman. reported = 70
extend the provisions of the ~l~'ciai act Ia
relation 10 working county prison - nj
recommended that II do pass; al" IL b. 10
arrange the court districts, = iih sHet.irn ai,
and recommended that it 10 pass.
By Mr.. Reynolds: To eXF.na he privi-
leges of the Senate 10 Hor- III. IL. Chalmers
adopted.
BY Mr. Foore: To provide TOR the imme-
diate distribution of the school fund; re-
ferred.
;. for the relief OF Samuel Grady
passed; yeas 20, nays 3, absens Ia
H. B 10 redistrict the STATE into court
dis ricts was taken up; the committee
amendments were a1opFed AID 9ne bill
passed yeas 49, nays s
H. B. 10 Incorporate the Holy Spring
railroad came up; and the committed,
amendments were adopted, ana the biz
| passed.
/ Senate bills to prevent receiving stoler
| goods at night, and to Incorporate The Dee'
| Greek Navigation company were indeii-
| niteiy postponed
| The House amendments to Senate bill:
| 70 incorporate the Adams county HIannfac
| turing company, and To amend the charter
| of NatctleZ were coucurr"d ia. ADJ turned
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22

Col. Byrd, of Franklin, has introduced
a bill in the House, which upon every
consideration of reason and Justice,
ought to be passed without delay. 1t is
to repeal the act of April 9th, 1874,
+" incorporating the Homoehitto and Old
River Navigation, Levee and Lumber
Company" The said act is of the same
brood of the Pearl River Navigation
swindle. The incorporators are for the
most part citizens of New York, Ohio and
remote communities. 1T donates a large
Quantity ofvaluable lands upon condi-
ton of the opening of the Homochitto
river to navigation and the reclamation
of overlooked lands in the valley OF
that stream. The condition has not
been complied with and cannot be. even
If the beneticiaries of the charter intended
in good faith to perform the work which
thew have not attempted TO do. They
have marketed large quantity of in
valuable cypress timber from the land
and have driven lucrative business at
the cost of the State Col. Byrd's bill
proposes to repeal the law and provides
that the lands shall be sold and the
proceeds devoted to the common school
fund. A measure SO unquestionably just
and timely ought to be passed without
moments hesitation.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
HOUSE-sIXTY- FIRST DAY.
SATURDAY, March Is, 1876.

Mr.. Tis0n, o. ]. =. ~ the chair.
Leaves of ab~et-sr. We're granted 10 MeSsrs.
VI ade, and Bird of Lawrence.
By Mr.. Festherstou To amend the char
ter OF Holly Springs.
NJ. benson moved TO reconsider the vote
passing the bill To amend the public print
Ing act; carried, and the bill was recon-
mitted.
House bills TO change the boundary lines
of CuickaSaW aut sumner counties, and 10
change the boundary lines of Neshoba aud
Winston counties, were indefinitely post
poned.
II. B. to carry into effect section 6, OF the
act creating. Lefiore county, and to change
the boundary lines of Sunfi1wer, Washing
ton and Bolivar counties, passed.
II. B. to locate the seat OF Justice OF Clarke
county at Quitman. Mr.. Dear offered an
amendment, to submit the question TO a
vote of the people. Mr.. Spight moved TO
table; carried-yeas 40, nays 20, absent 46,
aud the bill passed.
Mr.. Powell called up 5 B. to make an
appropriation for the penitentiary. The
bill was considered in Committee of the
Whole, Mr.. Rogers i'll the chair, an the bill
passed; yeas 81. nays
MIR. Baker called up I'll. B. TO amend the
charter ri Huntsville, Montgomery county i,
and the bill passed.
Bv Mr.. Reynolds: To amend the charter
If KoSsuth; passed.
SPECIAL ORDERS.
H B. to define the crime ~ petit larceny
Mr.. Muldrow moved TO refer; carried.
H. B. to protect contract. Mr.. McNair
moved To Indefinitely pos poue; carried.
Tue House corcurred il the Senate
amendments 10 the Mississippi CnlI.g @
Charter bill.
B. VI, Harper: That the Managers in the
CardoZ c,-e be- il st'uct.-d 10 quest tbt.
Senate - post u'.ne the trial un,iI after tn.
t'ial of t1ov. AmeS; adopted.
The H suSe rrin-rd Ia cOucur in three ~
the sen ne amendm IT. TO lie Cntto,
WeigherS' bill.
Leaves of absence were granted to Me<srs
Reynolds, Tucker, Blount, Baker, Garrett
Guthrie and Mallory
INTRODUCTION OF BILLS
b. Mr. Guyton: To confer on Justices of
the Peace, jurisdiction in cases of disturb
! ance of public worship; referred
By Mr.. Featherstop To repeal the act
regulating the sale oil reports Of the Supreme
Court; passed.
By Mr.. Shattgck: To authorize Wilkin-
son county to fund its floating debt; re-
tered.
By Mr.. Nichols: To limit the power OF
the Board OF Supervisors of DeS otto county.
in the matter ut taxes; referred.
By Mr. HuddleStOn To amend the school
laws; referred. Also to make the crime OF
rape punishable by death referred.
BY Mr.. Horton For the relief of E. Little.
X. l.. SatiiIngtou and VIM. Dran; referred
| The House cohcurred in the Senate
amendment to the charter of Crawfords-
Vile.
Adjourned.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22

AFTER all the pother of the Radica!
wire-pullers, Gov. Ames declined to rec.
ognize Davis withdrawal, and to usurp
the power to make an appointment in the
face of the Constitution, which requires
the Senate to choose "a President pro tenn.
" in the absence or disability of the
Lieutenant Governor, and thus he
acted upon our Interpretation and not
the Times. Pity he had not been always
as prudent.
"When the devil is sick, the devil saint
WOHld be-
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
Rowan Temples eG al, w.. -. =
Cnim-NO. SHI.
Opinion ofhe court by SMRALL, Gu. j.

OputtOH ~ uto COHIt W 0IMhALA@, Cii' ~
This was an action OF election brought on
hS plaintiffs in error against defendant Ia
error.
Tie plaintiffs claimed the land in con
trovcrsy as heirs of Lloyd Temple deceased.
The dt fen ant claimed under sale made
ul III, PrOba Contt OF franklin county.
ia the ests uf Lloyd Temple deceased, and
also under a decd mad by ihr AatitUr OF
Pub ic Accounts TO MIN, November l5tIr.
1871, recitin2 tnat the Iaud nau Dceu sold to
a" Sat tr he tHA's OF lS63.
The rec"Id OF the Probate curt was eN-
ciud. Il a. eyld, nee. o, icctjOn to this ruling
Dei, < iaIs,U ONLY D! motion iui new
tIId..
The plaintiff tf-reI evid, nee 80 SHOW that
the land was sold Tor military lake, in 1868,
which was excluded, on motion OF the de-
tenuauU. The CourL instructed Ia jury
that the Auditors deed was prina Jac,e
valid, and could only be attached for trauu
or mistake in the assessment or sale. TIE
order Uvcrruling the motion for a new trial
is contained only in the bill OF exceptions.
Tue judgmcnr below was tor defendant
in ejectmeut. Held:
|. The grounds stated i'm the motion for IA
new trial cannot be considered by the Court,
for the reason that the order of the Circuit
Court overruling the motion is only certi-
fled IN the bill OF exceptions. All the or
ders of the Court should be certified in the
record proper.
Ill. The recital in the Auditors deed that
the land had been sold for taxes was not
evidence OF the tact OF such sale, this deed
as GUY one link ia the defendants claim
OF title.
Ill. The instruction that the Auditor
decd was prUaG yucie evidence OF "a good
title, and could only be attached for fraud
or mistake ia The SAFE Or ASSESSMENT was in
correct, this RUE only applies To the imme
diaCe parties OF the sale, the Sheriff ana the
purchaser at the tax SALE art SO, Code
1907, p. So
Nl.Ihe evidence offered that The tax sale in
1868, tor military taxes, was com pettut, ana
rentdHded.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-03-22
Charles Kramer W. Joseph HOI-
ster, ca al No. IIO5
Opinion of the Co,trt bg PEYrox. J.

Opinion of the Coatrt by PEYroN, J.
This was bill in equity by Kramer t.
enjOin judgm mt at Law obtained agrius.
him by the appellecs for $l04 30, in the Cir
cult Court of Clarke county, on an appeal
from a Justices G urt. Execution at law
had been levied on personal property IN
bill alleged defects in the appeal proceed
ings, fraud In the rendition ofthe Judgment
and That notice of the appeal from The ius.
tees court was not given TO the complain
ant. demurrer TO he bill was sustaiued
by tho Ci,aucc"ii"". Hsld:
L. court OF equity cannot correct any
detects AMI Irregular les IN suit "a law
slich detects ~ amount merely to error
cannot be determined cOllattrally, IT.,
remedy was al law by suit OF error
II. In az appeal from Justices court a.
the Circuit Court, % citation or process T.
contem plated or required by the statute.
III Where iFspd Is reli, i on the Specific
fart constituting he fraud must be pleaded
lie hlil IN this ease, containing only "A gen
eraI aNeImeht Of aud, j. insufficient Ar
Arn1sd -
~ est Crook Vs. The Stntc - U10.s