davidaulloa/AmericanStories huggingface dataset:
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Prezidency Of the United states. but fo1

Presidency of the United States, but for
the sectional issue which put the South
and her statesmen under the ban
There was no position, however exalted,
in which he did not leave the impress
Of his strong, vigorous mind. As We
have before said, the people instinct
lively turned to him as their
champion and friend. Their con
fidence was not misplaced. Once
and once only, a we have before said
they turned a deaf ear 10 his teachings !;
but to him the observation Of Macauley,
in regard 10 King William, in 1890
when his calm intellect rose superior to
the passions Of the hour, might have
been well applied IF his people did
mot justly appreciate his policy, 50
much the worse for them He had
discharged his duty by them. He feared
mo obloquy. He wanted no thanks
When he died, time had amply vindica-
ted the wisdom OF his counseIs.
His married life was a happy one. He
was welded to Miss Roberta f. Young.
Of Alexandria, Virginia, in 1871. She
still survives, having shared in his for
tunes, q model Of intelligence, and Of
tenderness under all the vicissitudes Of
his eventfuI life. \ noble woman, she
dedicated herself TO him, and in her de
votion Providence hadrecompensed him
for the disappointment and sorrow
which he experienced on account Of the
misfortunes Of the people he loved so
well.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Mr.. Thurman, of Ohio.

Why not Mr.. Thurman, the able and
incorruptible Democratic leader in the
Senate? BY long odds, he towers like
Saul among his fellows, head and
shoulders above them all, and would be
a good representative of the cause OF
reform in the Presidential contest.
Ohio will put him in nomination; and
we are not mistaken in saying that
there is no man in whom Mississippi
would more cheerfully trust.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

No. 1902.

W no. oouZ.
FRANCIS {. VAUGHN,
Error to Circuit Court Copiah county, Hon.
g. s. CalEoon, Judge.
This a suit by the defendant in error on
claimant bond given for property that had
been levied on by attachment. Plaintiff below
recovered judgment,
The declaration failed to aver that the plain
tiff had obtained judgment in the attachment
suit.
He'd
l. The plaintiff, without judgment in the
attachment suit had no right Vi action on
the claimants bond.
2 Although the defect lin the declaration
may not have been directly presented in the
Circuit Court, yet he question is raised in the
record by the demurrers to pleas, and replica
tions, which relate back TO the first substan-
tia defect in the pleadings The averment in
the declare ton was so essential to the action.
as that Judgment according t. Law and the
right Of the Gauss n rot be given
3. No other point decided Judgment re-
versed, plaintiff granted leave to amend the
declaration, and cause renande1.
Opinion by CAMPBELL, J.
W. P. & J. B. Harris. for plaintiffs in error.
H. B. Aayes, contra
Not 10 be reported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Sanitary Inspector.

Mr.. James G. Clarke, the Vice-Presi-
dent and General Manager Of the Chic
ago, St. Louis and New Orleans Rail-
road, has appointed DIR. Henry Stone,
of New Orleans, Sanitary Inspector of
the road. DIR. Stone will have santa
ry supervision of the line from New Or
leans to Cairo and will act in concert
with local and State Boards of Health
along the line of the road. and also with
the representatives Of the National
Board
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

, Money paid under q mistake Of fact, to
which the party was not entitled, may be re-
covered, even though the mistake originated
in carelessness and the party paying had the
means of Information at hand.
3. Blu: the principle will not apply where in
a case free from fraud il is paid 10 one who is
entitled TO receive II from third person, and
who loses the right 10 60 against such third
person BY reason of the mistaken ayment.
f. In his case the payee lost the right to
hold the drawer of the unaccep'ed draft liable
by reason Of its payment bv Holden, which
took place on the last day OF grace Holden
did nor discover his mistake and notify the
payee until several days afterwards The
loss must fall upon him 4Hrmed
Opinion by CHALMERS, J.
T. Otis Baker for plaintiffs in error.
A. H. Handy and Frank Johnston, contra.
To be reported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Delegates to National Democratic
Convention.

For STATE AT LARGE--E- c. Walthall, T.
Bark-daIe, ". 4. Percy, ". 5. Feathersron
Aitsrnafes-A. NJ Clayton, JAS. Ii. Duke, A. J.
Lewis. Il. W. Banks.
For the Dlstricts-lst W. H. II. Tisou, Z. II.
Bristov AIternates-H. L. Burkitt, Newman
zi.LJohn y. hurry, R. H. Taylor. Alter
nates-H G. Watson. .. 5. Carter.
8I.-R9br c. Patty, 5 NJ. Roane. Alter
natez-W. b. Johnson, J 7. Butt
4th.-s s. Carter, r. l.. Henderson. Alter
nates-Wm. H. Bailey, NJ. F. Berry.
5rh.-P K. Mayors, j. ?. Withers. Alter
nafe--R. II. Henry, j. c. Lamkin.
Gth-Warren Cowan W. 7. Martin. Alter
nates-F. 4. Montgomery, r. V Booth.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
The Surest Way to Beat the Republican,.

Holy springs Reporter.
The surest way to beat the Republicans
now IS to nominate Mr. Seymour. 0f NOW
York, and Mr. Hendricks, Of Indiana. 81
Bishop, Of Ohio Seymour and strong
Western man viii certainly win. N.w..E
ticket can beat Garfield and Arthur We
must have man who can surely ag
New York, and that man is Hora.9 eg-
mnnr
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Judge Field.
man..

A clear-headed Democrat who never
misses fire. nor pulls wires, nor counts
the cost, but follows his convictions,
writes Us that Judge Field would he a
good nominee. He says that "with
the present tendency to consolidation
and the utter overthrow Of State rights,
Field would be the right man in the
right place" Judge Jere Black says
Of him:
No man, Of our day, has so boldly and con-
sistently extended the judicial arm to catch
the blows aimed at the right of the State and
people by successive Federalist administra-
lions and FederaHst Congresses The very
summaries of "A dozen or more OF his great
opinions would rouse the hearts of Saxon
men like so many ancient battle-cries.
Whether the judicial issue was one with re
gard TO the ccnstitutiOnahty Of military
commissions, of reconstruction laws, of test
oaths of legal tenders in time OF peace. of
going behind the fraudulent returns in Louis
lana and Florida to give effect to the peoples
vote or Of those grave proceedings in the very
recent Virginia case, his judgments stood in
every instance, barrier OF warning against
arbitrary power and loose unconstitutionali-
ty.'
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Democratic Conservative State Executive
Committee.
Elected by State Convention May 2, Ioc

Elected by State Convention May 2, 1880.
For SrArE AT LtBGE-W. L. Hemingway,
Chairman. Oliver Clifton, John D. Bills, Alex.
Yerger. Ben. King, Sr.
For Observation-Disclosures KincannOn, K.
W Banks.
2i-S. c Balch, John VT. FaIkner
sic H. Campbell, j. II. Neville.
4ta-E F. Noel J ohm 2. Harris.
5rh-R II. Thompson, Patrick Henry.
Christopher Thrasher. J. w Lambert.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Presidential Electors.

Chosen by Democratic State Convention
For STATE AT LARGE-F. 6. Barry. (. P.
Nelson. Alternates-W. NJ Iuge, J. L. Nc
Cassiil
For the Districts-1st-C. b. Mitchell Al
teruate-W :. Bates.
zig. d. Stands AIternate-Thos. spright
3I-J. NJ Ellis Alternately IN. Price.
4th-Wm H. Luse. Alternate--Joel 7. Wal
5sh-Robert y. Miller. Alternate-Geo. F.
Geh--James F. Stokes. Alternate--Joseph
Hirsh.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
c. L. HOLDEN. !
vs.. No. 1915.
G. N DAVIS

Error to Circuit Court Adams county, Hon.
Ralph North, Judge.
Turner drew two drafts in favor of Davis on
Holden. One was accepted. At maturity the
unaeeepted draft was presented to Holden.
who, by mistake caused by carelessness, paid
Il, believing it to be the accepted draft No
fraud was practieed by the payee.
Suit being brought on the accepted draft
Holden plead by way of set-off the amount he
had paid by mistake.
Judgment was entered for plaintiff for tbs
full amount Of the draft.
Held
l. A defendant may plead as a set-off anv
demand for which suit can be maintained
or paid out.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

ONE of the pillars of the Democracy,
left h:s pillow to remind us that Gov. j.
NJ. Palmer, of Illinois, is a Democrat
of the Andrew jackson mould, and in
proof of his opposition to military inter
ference in civil affairs, referred to his
course as Governor, when Gen. Phil.
Sheridan, by direction of the President,
undertook to assume direction at Chica-
90 during and after the great fire.
Our friend said emphatically, Palmer
is the man, and don't you forget it"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
The Kellogg Case.

In the Senate, on the Eth. Mr.. Call,
Dem. } of Florida, supported the reso-
buttons unseating Kellogg. the usurper
from Louisiana, and argued that in
seating Mr.. Jonas, the Senate decided
the Nichols Legislature to be the legal
legislature, and therefore the Packard
legislature could not have been a law
full body. He then made an elaborate
argument against the applicability of the
doctrine of res adjudieata in this case.
Mr.. johnson, Democrat, of Virginia,
also supported the resolutions. analyz-
ing the evidence, and concluding that
Kellogg was not constitutionally elected
and was guilty of corrupt practices. He
also argued that the former action of the
Senate might and should be reversed.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
The River and Harbor Bill.

This bill, az passed both House o.n-
tains the following appropriations fyr
Mississippi:
sippi-Iombigbe below Columbus
Miss $4,000 Tombipbee above Columbus.
5000 Big SunAower, 5000; Coldwats-. $iJJE
Pascagoula. $4,000; Pearl below Jackson.
Miss, $1,000 Pearl above Jackson. ElGNH
lazoo, $1,000; Tallahatchie 5000. Ni--I-s Trl
at Natchez and Vidalia. $4,000. N0vl1gs
River $l200 Harbor al VicksLurr 5000
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

At 4 meeting of the delegates to the State
Convention from the various counties com
posing the Fifth Congressional District, it
was agreed to hold a Convention at Halle
hurt to nominate a Democratic candidate
for Congress- on the Sd Monday, the 10Th
of July. Moses JACKSON,
Chairman District Executive Committee.
LIBERTY, June 18th, 1880.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Opinion by GEORGE, CD.
G. NJ. C. Davis for plaintiff in error,
Raymond Reid, contra.
To be reported.
NJ ". TURNER, ct al.
vs.. y o. 542S.
VI. Y. TURNER, ct al

NJ ". TURNER, ct al.
". Y. TURNER, ct al
Appeal from C4ancery Court, Yalobusha
county. Hon. 4. b. Fly, Chancellor.
In 1861 Ransom Turner, Of said county,
made his Will, containing, among others, the
following provisions:
/ After all my lawful debts are paid and
discharged, the residue Of my estate, real and
personal. | give, bequeath and dispose of as
follows VIZ: To my brother. William ii Tu~-
ner, all the real estate, with the appurtenances
thereuuto belonging, now belonging TO me, or
in my possession describing IT..
further give and beqneath TO the said VIM.
H. Turner, all OF my negro property (namIng
slaves, and to said William II. Turner | give
Ill my persoual property of every other de-
scripfon, to have, hold and enjoy the same
with all the profits and interest arising or ac-
cruing theretrofa, upon cGndltlonfthat the said
William II. Turner, It the expiration Of five
years, viii p2y, or cause to be paid, the follow
ing sums of money 70 the devisees herein
named <. I do hereby ordain that
the said William II. Turner may, and it is my
wish that in order to obtain money pay the
above legacies, or for any other purpose, that
he may think advantageous to himself that he
sell or dispose OF any part or parcel OF the
real estate herein bequeathed without any or
der Of court.
And said William II. Turner was made
ecutor and relieved from giving bond. Tie
testator died in 1868 and the viii was duly
nr,bst.5 Tho da1+s ,v.r, mn III ont ,r rho nor
Pi''''e'' Inc oS''e' " ere P"'U ou' % 'i0 per
sonaI property by the executor but the
special logacies were not paid.
The said VIM II. Turner sold = portion Of the
10 4..., -:
l'',-:'' '''l' NJ ~ s,,,
devised the residue to NJ W. Turner. his wife.
The purchasers and the SAID v !" turner
took with notice Of Tue provisions Of the will
inns OH was hied TO SUBJECT All the lands to
the payment OF the lesaclss, and tins relief was
granted
Three questions arise / Are the lands
. y -, ''iN =
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

Memphis Avalanche
Seymour and Mcdonald would be reas0u-
ably certain to carry New York and Indians,
and thus elect the Democratic ticket, by .e-
curing l8S electoral votes, embracing 1873
from the South and 90 from the two North-
ern Statea.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
THE CLARION FOR THE CAMPAIGN.

Without neglecting any Of the multi
tudinous matters that have given inter
est and popularity to TIM CLARION,
we would remind our readers that we
intend to make it, as usual, frst-class
CAMPAIGN PAPER, from now until the
election. Voters who wish to cast their
suffrage intelIigentiy, and campaigners
who ought to be posted, in order that
they may discuss the issues and the can
didatcs properly, should send on their
orders at once. Our next number viii
open with a broadside Of especial value.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
ELLEN HUDSON, }
V. No. 1886.
4. J. VAUGHN.

4 demurrer was sustained ii the Chancery
Court TO the bill Of complaint, granting leave
to file an amended bill. Complainants declined
his leave aud appealed. The decree was af-
hrmed. Complainants then moved the Court
to grant leave here to file an amended bill
which vas reused
Verbal opinion by CAMPBELL, J.
Wells 4 Williamson and Nugeut 4 Melville,
for motion.
7. J. x F. \. K. Wharton, Contra.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
SUPREME COURT DECISIONS.
Reported for The Clarion by Z. Bgame. Attor
ney-at-Law, Jackson, Miss.
APRIL TERM, 1850

SUPEEvrsoRs hEAEE Co.
J. L. NCFADEN.
Error to the Cbancery Court. Leake county,
Hon. T. b. Graham Chancellor.
The Board of Supervisors OF Lcake county,
made certain orders. proposing 10 establish a
ferry over Pearl river, free 10 ali the citizens
Of that county. The sheriff was directed TO
summon a jury to assess tie damages which
the appellee might sustain.
The appellee sued out an injunction against
these proceedings, which was maize perpetual
The appellee owned both banks OF the river,
anI had held ana used the franchise Of ferry
on public road, fol more than thirty years
bat without license The attempt was TO es-
tablsh free ferry at the same place.
HslF-
l. BY the use eff the ferry for great length
of time, the franchise Of the appellee had be
come by description his property, of which
Ae could not be deprived, except by due course
of law
> L is wiJhin the right OF eminent domain
residing in the State TO appropriate TINS fran
ehisa 70 public use by paying therefor IFS value;
but the power TO exercise tins right mas not
been conferred ON the Board Of Supervisors.
They may appropriate land and timber for
pub -ic roads and bridges but this franchise is
not within the statute.
; The power granted 70 boards of Supervi-
sors over ferries, is TO license and reEulate fer
rIes KEEP by other persons; not to establish
Their al the expense of the county No stat
ute authorizes the board to use funds of the
county to establish free ferry.
A@raed
Opinion By GEORGE, Cd.
G. VI. c. Davis for plaintiff IN error,
Raymond Reid, contra.
ITO he reDortad
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
The Natchez and Jackson Road.

hatcher Democrat
Mr., Thos. F. Dufhn. the contractor Of the
Hatchez, Jackson and Columbus Railroad,
came In by the train on Sunday. Mr. Duthn
is confident that in two or three months he
viii have the road graded through to the Kinds
county line. His camp is now near Raymond,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

THE Copiahan gives the names of the
recently elected Democratic Executive
Committee of that county, as follows
Geo. s. Dodds, Capt W. j. Rea, German
Walker, Thos Farmer, James F. Thompson, A.
]. Short, DIR. o. H. Spence, W, ]. Butler Sr.,
A. B. Guynes and ]. u. Jones,
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

THE Illinois Convention passed a
strong resolution endorsing Horatio Sey-
mour as the man on whom all elements
of the Democratic party could unite bet
ter than on any other and requesting
the Illinois delegates to Cincinnati to
take such action as will bring his name
before the Convention. 1t ought to have
added-''at the proper time"
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Congressional Convention ofthe Dem
ocratic Party ofthe Sixth District.

At regular meeting Of the Sixth Con-
gressionaI District commmittee, it was de-
cided that the convention to nominate the
candidate for Congress meet at Natchez,
Miss, Wednesday, July 18th, 1880, at II
O'Clock NJ
w. II. MCCARDLE, Chairman.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

Born houses of Congress have agreed
to adjourn to-day (16th).
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
judge PrIco. of Winston

Louisville Index.
We are glad to see Judge WIN. Price ..
the list as alternate Presidential E.a.t.r .r
this District He win DO woman r..
when the campaign opens
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

Rev. GIN. GARFIELD is a minister of
the Campbellite, or Christian Church
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

JUDGE ROBERT j. ALcoEx. has been
re-appointed Receiver at the Land
Office, at jackson.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

THE nomination Of Garfield points to
The necessity Of saving New York and
Indiana With these two States and
Solid South, all viii be veil
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

WE are glad to hear that DR.. Hunter
will revive his excellent paper, the
Crystal Springs Monitor, at an early
day A good printer car obtain regu-
lar employment, and a desirable situa-
ton by applving to him.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

Gov. Seymour Is clearly not candi-
date, but no declaration has been pub
Iished over his own signature that he
would not accept.a nomination.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
COR The CLARION.
THE NEW CODE.
No. B.
CHAPTER 3S-CoRPoRATIoNs AND Asso-
CATIONS.

CHAPTER 3S-CORPoRATIoNs AND Asso-
CATIONS.
In addition to those specified in 2 1897, Code
1871, add the following corporations and assoc
Citations to the number that may be formed
without direct legislation cooperative .sso-
siatious for purposes OF trade; manufacturing
c0mpanies; cities and towns; and telegraph
companies" Z 1927.
The persons desiring to be incorporated
shall prepare in writing, and sign, a charter
substantially as required in z 239S Code 1871
which shall be published three weeks in a
newspaper, and then submitted to the Govern
on, who shall take the advice of the Attorney
General, and in case Of his approval, the char
ter goes into effect; Prorjdea That Masonic
and Odd Fellows, temperance charitable, re-
hgicus, NEE lanics and agricultural societies
literary institutions and fire companies shall
not be required TO make publication. 1923.
Amendments made in the same way.
In case Of renewal, certificate by the Gov
ernor to that effect, under the seal of State
shall be sufficient 1880
Section 2399, Code 1871 is omitted, and
24Ol, so amended to require the charter
and amendments recorded only in the office Of
the Secretary of State. Sle30
MORTGAGE SUBORDINATE To CERTAIN
CLAIMS.
mo mortgage or deed of trust conveying the
income or future earnings Of any corporation
or the rolling stock of any railroad company
shall be valid against debts contracted in car
rying on the business of the corporation, nor
against liabilities incurred by rail road com
panies as carriers Of freight and passengers
OF for any damages sustained by persons or
property but such mortgage deed Of trust
shall be valid as against any claim in excess
OF Ave thousand dollars for damages to any
person. 1893.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

GEN. GARFIELD, the Republican NOM
inee for President, wasa salary grabber.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
PROCESS AND REMEDIES.

Process against corporations may be served
on the president, or presiding officer, the
cashier, secretary, treasurer, agent or direct
or. Suits against corporations shall be COM
menced in the county where the principal
place Of business may be, except suits at law
or equity, against railroad, express, steam
boat, telegraph and insurance companies or
corporations which may be sued in any coun-
", a. provided in the circuit court law as to
the venue of Of actions 1884
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16
Fifth Congressional District Conven-
ton.

=. L. WEGB, Sec'y.
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

I. c. Catchings, Attorney General, contra.
Not to be reported
The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-06-16

Only sections 2437 and 2438 of the Code Of
1871, retained in this chapter. SIO7I-1O72,
Sections 2439, 244O and 2441 Code 1871. pro-
hibiting certain c1nveyances and devises to
religious societies and corporations. are omit
ted
The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1880-01-09
A Queer Railroad Story.

Curious experiences sometimes over
take railroad conductors. The follow
ing is the substance of story told in
the Springfield Republican, which is
strange enough: Many years ago, one
night while conductor on the South
ern railroad was taking up fares a man
without ticket offered him a large
bill, and he, as conductors are apt to
do, took it along, saying he would soon
return with the change. The purpose
of the delays is to make quiet study
of the bill in the baggage car and sec II
it is all right. When he reached the
baggage car with the bill, MIR. McKin-
ney found what he had taken to be a
$100 was bill for 1000. He return
ed to the passenger and found he had
shifted his seat. Telling him there was
a mistake, that the bill was for $1,000,
he was amazed to have the fellow repu-
diate the whole arrangement. He
knew nothing of it, and insisted, and
was supported by friends testimony
that he had ticket and that it had been
taken up. Finally Mr.. Mckinney went
off with the bill, which the next day he
turned in to the company, with his ex-
PLANTATION. II was deposited here in the
Phoenix Bank, as special deposit, and
drew interest for several years, was
never claimed, and finally was given to
the conductor by the company. The
only explanation was that some bank
burglars were on the train, that one OF
them carelessly took out tine wrong
bill, and that it was decided safer T.
lose 81 900 than to risk being arrested
Probably they thought he knew of the
burglary.