davidaulloa/AmericanStories huggingface dataset:
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

the Convention had taken, remarked
to friend near him, that the gentle
men must be mistaken, 50 far as the
Penitentiary having anything to do
with it was concerned; "for," said he,
sif the Penitentiary had its dues, IT
would bust the Convention"
After the election of a temporary
Secretary, and the appointment OF
committees on credentials and perma-
nent organization, the Convention took
recess.
The balance of the evening was con-
sumed in efforts to adjust the en-
phatic split which had occurred In the
Convention between the GRANTEES
and the Shermanites. At one time it
looked as If reconciliation was i'm
possible. The Grant wing retired to
the Senate chamber and threw up en-
trenehments, permitting none but
Americans to stand on guard, and no
one to enter without the countersign.
Finally, however, an adjustment of
the trouble was effected by liberal
concession from the triumphant jim
Hill faction. And when the Conven-
ton re-assembled in the Hall, at 8
o'clock, after supper, all the fun was
spoiled by the speeches of Mr.. Lynch,
of Natchez, and Col. Flornoy, of Pom
totoc. The addresses of these two
gentlemen were very mild and argu-
mentative, judged from partisan
standpoint, and no doubt averted the
rupture which was ripe for fruition.
Jim Hill proved himself to be a
shrewd leader. He did not abuse his
victory, but exhibited a liberality
which disarmed his opponents, and
all attempts to get an instruction for
Grant were abortive. 1t is true that
after the appointment and confirma-
ton of the delegates, the Executive
Committee and the Presidential Elec-
tors, which brought the Convention
up to Q o'clock, Thursday morning,
and the Chairman declared the body
adjourned, a portion of the intense
GRANTEES went through the farce of
prolonging it, and adopted resolution
in favor of Grant. But this was only
farce, and amounts to nothing.
PRESIDENTIAL DELEGATES.
State at Iarge-B. X. Bruce; alter
nate, John r. Lynch. James Hill
alternate, Thomas w. Hunt. George
M. Buchanan alternate, John >.
Burton. H. G. Carter; alternate,
Wesley Creighton,
Delegates-W. H. Kennon, George
G. Mckee, II. G. Niles, J.. r. Smith,
G, w. Gayles, f. M. Libby, Sam
Hurst, w. w. Bel, Green G. Chan
dler, c. w. Clark, r. I'll. Montgom-
cry, r. F. Beck.
Alternates-Jas. w. Lee, w. H..
Furniss, G. S. Jobes, II. III. Truheart,
A. p. Shattuck, ID. Il. }. Matthews,
Richard Griggs, Henry X, smith,
William Noonan, w. w. Edwards,
Homer G. Powers.
1t appears from the proceedings,
that Hon. r. w. Flournoy and Capt.
VIM. r. Spears, were chosen for
Presidential electors for the State at
large, but no selections were made for
District electors. That duty we pre-
sumo, is left to the District Conven-
tons.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
CHALMERS, j.
Held
JOIN A. KLEIN, cXec'r. ETC., I
VS.

JOHN y. hLElNy tAtC l. CtCs,
VS..
ALICE FRENCH, ct al.
Appeal and cross appeal from the Chan
Gerry Court of Warren county, Hon. L. NJ.
Young, Chancellor.
Jacob Peale, in his lifetime, accepted
the draft of one u. White, for his accom-
mediation. The latter failed to put Peale
in possession of funds to meet the draft,
and Peale having made an arrangement
for an extension of the time of payment,
soon afterwards died, having by his will
appointed the appellant Klein his executor,
who qualified as such, and on the LIST day
of January 1865, paid the bill as representa-
tive of Peale. White died in the fall of
1868. lie was domicildd at the time of his
death, in the State Of Kentucky. lie
owned valuable plantation in Louisiana,
and his estate in Kentucky left u surplus
for his heirs larger than the amount of
said draft. His plantation in Louisiana,
was worth 10000 and was encountered to
the amount of $1,000. In 1870, Klein COM
promised the claim against White, lac
- vi mum htS Aahr pau thu hihANsI At
$1,000, the amount Of which, when paid by
Klein, being over $500.
Klein filed his final account as executor
Of Peale, and in it charged himself with
the amount be had thus received. The
appellees, who were the heirs aud dis
tributes Of Peale, excepted to the account.
insisting that Klein was guilty Of derasfa-
Jh in compromising the claim against
White, for about one-third Of IT, value,
aud that he ought to have collected the
whole Of it, a. il appeared that White was
amply able to pay IL In HE lifetime, and
that the assets Of his estate both in L0uisi-
ana and Kentucky were sufficient to pay
the amount after the payment Of all other
debts.
Several objections are made TO this claim
Of the distributes, the principal Of which
are:
1. That Klein's letters tesiameufary
gave him no power aud imposed on him no
duty to collect this debt, a. White, the
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE Vicksburg Herald hauls Gov.
Stone over the Goals for not sticking
his hands into the State Treasury for
| hundred thousand or so, for the Macon
sufferers from the late storm. The
| Herald don't seem to have proper
understanding of the Governors pre-
rooative. 1t and other astute sheets
excoriated the Governor in 1873 for
Withholding the vast accumulatlons
of wealth in the State treasury from
the yellow fever sufferers. Accord
ing to the Herald's idea, the vault of
the treasury is the private depository
of the Governors surplus individual
funds, and the taxes are levied on the
people, and the system of revenue es-
tablished mere y to keep the Gov
ernor in funds to meet emergencies as
thev arise. If the head Of family
dies without insurance on his life, the
| Governor, in his wise discretion, should
take enough Of Hemingway's money
to keep the family from suffering II
mans Clubhouse blows down or ac-
cidently gets consumed by fire, and he
has neglected to insure it, then it is
the duty of the Governor to indemni-
fy the owner from the State treasury
In short, according to the Herald's
theory, the money of the State is I'M
der the absolute control and direction
of Governor Stone, to be used by him
in the relief of such benificent or
charitable scenes as his wisdom may
suggest. He is restrained by no law,
and his power is greater than any
autocrat or dictator ever possessed in
any age over the public treasury Of
any State.
If the Herald did not talk so much
like an oracle, and with such evident
marks of seriousness about the matter,
we would conclude that it was shrewd-
ly trying to burlesque the idea that
the Governor had any right to appro-
pirate the public funds for any pur-
pose, without authority of law. All
men of reflection and average compre-
hensIon know that the Governor has
no more right to use the States funds,
except as authorized by law, than any
private individual and if he attempt
ed to do so he would he met with an
insurmOuntable obstacle in the Audi
tor, who would refuse to issue a war
rant on the Treasurer not specifically
authorized by Legislative appropria-
ton or the law; and if he could by
any means bulldoZe the Auditor into
the unlawful Issuance of warrant,
when he reached The present watch
dog of the treasury, he would certainly
get to the end of his row. When any
body draws the State funds out of
Treasurer Hemingway's hands, he will
do it as the law directs, and i'm no
other way. That officer would not
pay a warrant Illegally issued.
If. therefore, it isnot actually neces-
sary for the health Of the Herald to
find some pretext of an excuse to
pounee down on Gov. Stone, we would
respectfully and gently suggest that
it will.not hoist him any m-re on this
farrifsfa uefard
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
ALEXANDRIA.
WASHINGTON, MAY Sd, 1880.

WASHINGTON, MAY Sd, 1880.
To the Editor of the Comet:
Yesterday, in company with Capt
Emmett L. Ross, the distinguished
poet-editor of the Canton Mail, who
is stopping in this city for a few days,
| visited the ancient and historic city
of Alexandria, Va. Alexandria is
situated about eight miles down the
Potomac river, and is city of some
fifteen thousand inhabitants. Though
once quite an important commercial
place, it is now little more than an hon
ored relic of an historic past. Its streets
and houses are ornamented with the
dust of years, and its shattered and
broken pavements tell of the days long
gone by, when Washington was a
membero of its Board of Councilmen,a and
when he was the most active member of
its fire company. Many are the tradi-
tions of the enterprise and daring of
this ilustrious citizen, handed down
from generations, and cherished now
by the residents of Alexandria. Half
way up the incomplete Washington
monument, is stone with this in
scription: From the citizens of Alex
andria, the decendents of the friends
of and neighbors of Washington.
We looked upon Christs Church,
inside of which, is Washington's pew,
and also that of General r.. E. Lee.
1t is building of the olden time, and
its walls stand the same as when first
erected time has worn away the
roof, and a new one has recently been
constructed. Inside the church yard,
Is the resting place of men of one hun
dred years ago. We are fOrcibly re-
minded of the instability of earthly
things, when we think that those
men were the hOnored and respected
of their time, and now lie they there
with none so poor to do them rever-
ence! In one corner of this church
yard, is mound, across which lies a
marble slab, that tells sad history.
1t is inscribed as follows:
GLOW sleep the BRAY who sink to rest,
BY al. their countries wishes blest."
Beneath this mound lie the remains
of thirty-four Confederate soldiers,
which were disinterred from the
Alexandria soldiers cemetery Fed
eral), and re-interred in this grou d,
on the 9th of December, 1879, under
the auspices of the Southern Memorial
Association of Alexandria. Then fol-
lows the names f the soldiers, among
which l find the following from Mis-
sissippi, the publication of which may
be of interest to friends of the deceased:
William hamburg, Lieut.. Add Miss,
Ashbury Tapley, 18th Miss, and
Robert ]. Morris, 10th Miss. Be'Ow
the names, are these words: "These
men were prisoners of war, who died
i'm the Federal Hospital, in this city
RcsurgeBlus The friends and rela-
tives of these braves may know that
their ashes have been carefully laid
away by patriotic hands. A. b. II.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
THE MISSISSIPPI DEMOCRACY.

We think there are grave and i'm
portant issues depending on the Ma
tional election next fall. Especially IN
Mississippi are we deeply concerned
in maintaining the supremacy and
prestige of the Democratic party; moi
so much for the sake of party success,
as that we firmly believe the prosperi-
ty and material interests OF the
State will be best promoted by a con-
tinuance of the Democratic party in
power.
1t is of prime importance that we
carry the State tins fall in the Presi-
dental and Congressional elections ;
and doubly important as insuring the
State Government to our party at the
next State election.
The old Radical clans are gathering;
the old Radical armor is being rubbed
I'D, the same notorious Calling gun
chiefs are making themselves visible I;
and all the signs of the times betoken
galvanizing of the old Radical corpse
1t is showing signs of life.
Radicalism must not find the DEM
ocracy unprepared. We had better
over-rate than underestimate the
strength of our adversary.
And now all that is necessary for
us it, to bring all our forces to bear in
the next canvass. And a few words
of friendly suggestions on this subject.
We want all local disagreements and
discords hushed and buried; for there
are no local, insular issues in this ma
tional contest. Let a spirit of liberality
and conservatism find expression in
every beat, precinct and county con-
yention. Yield all local differences
for the sake of national principles and
policies, upon which we should all be
agreed.
Weed out relentless all rings, and
cIiques, and narrow methods and poll
cies, if there are such in any locality
in the State. Let there be at every
convention in the State, from the
smallest to the largest-a full, free, fair
expression from the people, from the
men who do the work ut elections
and let the best men be sent to coun-
tv conventions, and to the State con-
venti0n.
And in the nominations for Con-
gress by all means let the best and
strongest men be selected. Let us as
sumo in all we do, that there will be
vigorous enemy in the field, and that
there will be fight made against us
all along the line.
Bring the best and strongest men to
the front; and in the matter of prepa-
ration let nothing be neglected.
Last fall some of our erring brethren
wandered from the fold after the ignis
fat,,is of Greenbackism. We have no
harsh words for them; and nothing but
kindly feelings for them and the
worst we propose to say of them IS,
that they erred last fall in Judgment,
iu accepting Customary theory as
principle of practical politics. We do
not doubt that these gentlemen, in an
issue between the Conservatives
Democracy and our old enemy the
Radicals, will give their votes and
influence to the former. They will
find hearty welcome waiting them;
and we confidently rely on their
patriotism and intelligence to bring
them where they properly belong, in
the ranks of the opposers of Radical
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
,,v nruoCRATIC-CON
STATE CONVENTION.

Tbe Dcmocratic-C Conservative State EN-
oontive Committee, at meeting on the e
ofNIorch. have named w ednsday, May 2Ith
nj II O'Clock Il. M, in the city of jackson
ms the time of holding state Convention
TO appoint delegates to the National Demo
cratic Convention, and nominating Pres
idential electoral ticket. All Democratic
Conservative cidizens of Mississippi, IRE
spectiye of past political associations, ana
differences, who can unite with us Ill inc
effort for pure economical ana constltu-
tional Government, are cordially invited To
Join in sending delegates to the convention
The basis of representation VIII be the
same as heretofore fixed unless otherwise
ordered by the Convention, VIZ: Each
county will be entitled to double the num-
her of delegates that ithas Representatives,
in the state Legislature. The Committee
recommend SATURDAY, MAY 2lst, as the
the day upon which the counties shall holu
their Conventions to appoint delegates to
the State Convention, unless the County
Committees shall otherwise order IL Is
requested that thorough organization OF
the Democratic-C Conservative party, De el-
fected in each county, preparatory 10 the
= Rnrksdale. B. T. Kimbrough,
/ G. Prewitt, Il. C. Patty,
w. w. HUMPHREYS, a. >. Baker
y n Shands. VIM. Melville,
p II Allen. Il. +. Griffin,
l.. d. Mcdowell, Tim. Il. cooper
Il. Ii. Taylor, I. Gus Baker,
L. BARKsDALE, Chm'n.
JACKSON. March I'd, 1880.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

HARvEY's canal, leading from New
Orleans into bayous connecting with
Barataria bay, has been purchased by
Capt. Cowden's Barataria ship canal
company, of which Capt. L. p Leath-
ers is President. The sum paid for the
canal was slO0, 900 dollars. This COM
pany proposes to construct ship
canal, not less than forty feet deep,
from the mississippi river at New Or
leans to tide water in the gulf
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

Our bran-new Judge Chancellor
Van EstOn-opened court on Wednes-
day morning. As Paddy would say,
he looked mighty illigant on the top
uf the binch. The Judge had just re-
turned from Clinton, La, where he
delivered an address to the Odd Eel
lows. Everybody knows that this
thing OF making an address is a very
fatigueing piece Of business; chamber
ing the incidentals i a great strain on
the human system; first, there is the
preparation-the printing, as il were /;
then there il the grand finale-the
consolation, 80 10 speak. Notwith-
standing Judge Van Eaton looked as
bright ne a new dollar and the bust
mess Of the Court progressed ~ smooth
" as II he had been Chancellor for a
half dozen terms.-WoodvilleR epub-
liean.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE Supreme Court of Georgia has
refused a mandamus to require Judge
Miller to sign bill Of exceptions in
the case Of Cox, the murderer of Col.
Aston. Cox will 90 to the Peniten-
tiary for life.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE President has vetoed the Def
cheney Bill, which appropriates about
100000 for the payment of fees of
United States MarshaIs, and their
deputies, earned during the fiscal year.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

MEMORIAL HALL, at the Soldiers
Home, in Dayton, Ohio, was burned
on the 3D. inst, and large number Of
war relics destroyed, including the
uniform of Gen. Thomas, placed there
for safe keeping.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

The Memphis authorities are active
ly engaged in cleaning up their city
and placing it in good sanitary con-
dition. About Is miles of new sew
ers have been laid throughout the
pitv
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
Pearl and PascagouIa Rivers.
Special 10 the Comet.

WAsHINGTON, May 6, 1880.
In the river and harbor bill, Col.
Hooker secures for the 9Th District,
$4,000 for the lower Pearl, $4,000 for
the upper Pearl, and $4,000 for the
PascagOula river. DON.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
SALLIE j. Common
VS.,
A. w. TRIPPITT ct al.

Error to the Chancery Court of NoXubee
NoXubee county, Hon. L. Brame, Chan
cellor.
w. S. Conner owned and occupied, under
bond for title, Il tract of land in NoXubee
county, known us the Walker tract.
W, NJ. Conner owned and occupied in
the same way tract known as the Tippett
place.
They agreed to exchange lands, and each
surrendered to the other possession of the
respective tracts, and transferred by de-
livery the respective title bonds. No writ
ten assignment was made as to either.
The full amount due on the Tippett place
to the original vendor having been paid,
this bill is filed by the widow of w. s..
Connor against Tippitt and w. S. Conner
to compel the execution and delivery of
deed.
w. NJ. Conner demurrcd to the bill on
the ground that his interest in the land
under the title bond did not pass by the
bare delivery of that instrument without
written assignment, and that to force him
now to make u conveyance would be VIC
lation of the statute of frauds. The de-
murrer was sustained and from that decree
the complainant sued out writ of error.
Rives & Rives for plaintiff in error.
Jarnagin, Boyle 81 Jarnagin for defen-
dant in error.
CHALMERS, J.
Held
1. The demurrer was properly sustained
An equity in lands is as much within the
statute of frauds as the legal title, and it is
no more competent to convey the one by
parol than the other. So also a verbal cOn-
tract to buy contract for lands, or i'll
other words, to buy mans rights under
an eXecutOfy contract for the sale of lands
to him is within the statute and void.
>. Whether under the principle laid
down in Shivers ct al, VS.. Simmons, "a
Miss, $40, complainant would have the
right to enjoin W. NJ. Conner or those
claiming under him from asserting title to
the Tippet place upon the ground that he
has aliened the Walker place, and thereby
rende red Il restoration of the status quo inl-
impossible, can only be determined when
there has been such assertion, and upon a
bill filed to enjOin it.
Affirmed.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

TIE Governor of Louisiana has
has issued a proclamation establishing
a rigid quarantine against all infected
ports, and against all vessels coming
from Havana, Vera Cruz, and Rio
JanpriO
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

ARCHER, the well known English
jockey, was severely bitten by young
colt few days since. 1t will prevent
his riding in several important races
to take place during the next fortnight.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

GEN. SHERMAN's daughter, Miss
Eleanor, was married to Lieut.. Alex.
Montgomery Thackara, Of the United
States Navy, at the residence of her
father. ON Wednesday.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

SOME of the New York delegates to
the Chicago Convention, who were
elected as Grant men, have declared
against him. Sherman must have
ODened a "baF'l. -
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE seventh annual exposition OF
the Mobile Mechanical, Horticultural
and Agricultural Exposition opened
under favorable auspices on Mond y
last
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE North Carolina Greenback
State Convention, met at Greensboro,
on the 18th Of May. Only four dele
gates were present. The Convention
was immensely enthusiastic.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

In the Cameron-Oliver breach OF
promise case, the Supreme Court OF
the District OF Columbia have decided
against the widow.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE celebrated brewer Eberhardt
Anheuser, of St. Louis, Mo-, died on
Sunday night last, aged 75years.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

A PRIVATE soldier of the 18th In
fantry, was killed in New Orleans on
Wednesday, while acting as marker at
a target shooting match.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE Democratic State Convention
of New Hampshire, met in Concord
on the 9Th inst, and sent an unin-
structed delegation to Cincinnati.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

THE Government is going to send
steamer to the relief of the exploring
Yacht, Jeanette.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

Two men, named Matt. Henderson
and Charles Gray, were hanged for
horse stealing, near Grapeville, Texas,
recently.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

a man told his friend that he had
joined the army. "What regiment ,"
his fried asked. "Oh, / don't mean
that: | mean the army Of the Lord -
"Ah, what church ?'' "The Baptists. -
aWhy,n was the reply, that's not
tire army; it's the navy."-Oshkosh
/ Advocate.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

The Democratic County Convention
of Pike county met on Monday, May
Sd, and e,ected a full Hancock delega-
ton.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

DIPTHERIA, of malignant ana
fatal type, has broken out in Terrell,
Texas.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

A telephone now connects Charlotte,
N. G. and Greenville S. c., a distance
of 10 miles.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

CONGRESS will probably adjourn
about the 18th OF June. so says
Speaker Randall.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08

GRANT will get the majority of the
Tennessee delegation in the Chicago
Convention.
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
Republican State Convention.
THE FAITHFUL IN COUNCIL.

A Considerable Amount Of slsirmi.h'
ing and Wrangiing between the
sherman and Grant Men,
The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08


against his heirs and personal rcnro..
tiyes. This was not essential pihu N.Y.
Trowbridge himself while a prone erc0 "
not necessary party. In his nn p",, "
disclaimed all interest In the land. nmh
personal decree was asked or rs "'n
against him. He stood In the relati"uo e J,
mortgagor Of the land having acccp tn o ,
obligation to pay off the mortgage eWoon
by Smith, and 1t Is well settled tha rtH,v "
gagor who has parted with the mort ri ,,O
property is not a necessary party to ~
Is sought against him. F''o"
Decree affirmed.