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Txj v "" t a r T ri XT I"6 State,i Beceiptt and Duburae
I O XL. s lftlKjiy menti for Uleven Yenra. J. U. POWER. -Proprietor ZZ.. . Editor. Oliver Clifton..... KXTJES Or SUBSCRIPTION: Oas TBm. !Z1 41 25 Six Mohtwh,.. 75 la Clubs or two o aoaa, r mi, uci 1 o Fob Sp-whi. d Cm Kith amd Advkeiw I lUTBa, SSB 1'lUT t'OLt MB or i lUT fAtt-C. MMmrd mllht Pwtrfu-t al Jackttm mi Stamd-Ciau Mail MaUm. Wednesday, November 9, 1887. Ik another column Bishop Galloway pays his respects to the last letter from Mr. Davis. Hon. II. I Mcldpow, Assistant Sec retary of the Interior, is on a brief visit to bis home in Starkville. A Farmers' Alliance in Texas has re solved to Luy no more coffee until the price is reduced to 12J cents a pound. J HE Hind county Fair at Bolton next year will bean efficient help-mate ana auxiliary of the State Fair at Jack son. i HE office of tae Chattanooga Com mercial was destroyed by fire on Monday last. Two printers were sufE-cated, one of them fatally. The Chicago Anarchists will hang on Iriday next. An account of their crime trial and execution, with portrait, will appear in the next issue of this paper. Rev. Dr. C. K. Marshall discusses the sweet potato in this issue of The Clarion. He is a strong believer in the value and possibilities of that vege table. Rev. Chas. A. Berry, of Wolver bainpto.i, England, is to succeed Beech er as pastor of Plymouth Church. He is quite a young man only thirty-five years of age. (Jen. (i0Klo.N denies the very soft im peactiment of having kissed (Jen. Morgan at the Cleveland meeting, lie says the entire telegraphic report of the occasion is a Republican lie. Ouk readers will have the pleasure of perusing, in this issue, the eloquen tribute of General Chalmers to the late Judge Ellett. It is creditable to the mind and heart of its author. Major T. II. Dalton, Superintendent of Education for Clay county, died at West I'oint on Monday last, from a stroke of pa' ralyais. He was one of the most useful citizens of the .State, and his death is public loss. The Wood row evolution case is still disturbing the .Southern Presbyterian Church. The Synod of .South Carolina, after a protracted discussion, sustained, by a vote of 85 to G, the action of the Columbia Seminary trustees in removing him from the Perkins professorship. The Synods of Georgia, Alabama and Florida have yet to pass judgment. The proprietor of The Clarion did himself the honor last Friday night of visiting that veteran journalist, II. S. Bon ney, Esq., at his home in Summit. Though now entirely blind, and compelled to live in a rolling chair, his mind is clear, and his conversation as cheery as when we were accustomed to meet him at the annual press gatherings. A loving family, and a sympathetic community, afford him much compensation fur his bodily afflif tions. The newspapers aie read to him by his children, and they take down his editorials for the Sentinel. He is very par tial to The Clarion, but he had to take the letters of Senator George and Professor Mayes In broken doses. Election Notes- The election passed off very quietly in Mississippi. Except in a few counties, there was no contest, and hence the con vention or primary nominations were generally ratified. In Lincoln county the report is that Col. J, B. Deason, In dependent, is elected to the Legislature over Sessions, regular nominee. It is also reported that Mr. Gwin, regular nominee, is defeated for the Senate, in Holmes, by Mr. G. A. Wilson. The Democrats claim a majority in New York, of ten to twelve thousand too close for comfort. The Democratic majority in New York City and King county, which includes Brooklyn, is about 65,000. Cook's majority over Grunt, for Sec rotary of State, is from 15,000 to 18,000.- John R. Fellows is elected district attorney in New York City over Niccolls, bolting Democrat. Virginia lias gone Democratic by a comfortable majority. Ohio and Massachusetts, Republican by increased majorities. Eankin County. The Clarion learns the following from the election in Rankin county: R. S. McLaurin carries the county for District Attorney by several hundred. Col. Easterling is believed elected aa one of the members of the Legislature. Dobson for Sheriff large majority. Gayden defeats Melvin for Chancery Clerk. Williams re-elected Circuit Clerk. How to bo Thankful. The suggestion made a few years ago that the children in the Protestant Orphan Asylum at Natchez be remembered on Thanksgiving Pay, has been so kindly re ceived and acted upon by pastors and the people generally, the undersigned ventures to request that the same very worthy ocject be remembered in all Protestant churches where Thanksgiving services may be held on the 24th inst., and if no such services are held, then in the several churches on some Sabbath following. Sabbath-schools are also requested to make an annual contribution to the Asylum. President Cleveland and Governor Lowry, in their proclamations, make special reference to tbepoor, the uufortunate and the needy, and it is believed that many who assemble for worship on Thanksgiving Day, will esteem it a privilege to contribute to the relief of their necessities. There are op- wards of fifty children now in the Asylum mostly little girls. The Asylum has no income except the contributions of the charitably disposed. A generous response to this suggestion will carry the Asylum through the Winter months, until the Masonic Grand Lodge will make its an nual appropriation of five hundred dol lara. bend , all contributions, whether of money, supplies or clothing, to Mrs. Mary R. Fleming, Treasurer, Natchec, Miss. J. L. Power. The press of the State will do the Asy lum a timely service by noting the forego ing. A Good Citizen. In a business letter to The Clab on from one of its esteemed subscribers at August, Perry county, B. Stevens, Esq., that cmtleman says: "1 liv now at Oxford four sons one in t:. Cantor Law C;a-, and three in the Lil -ary Department. Can any man in I" ' !-i leat that? If ao, I have two r 3 t Till soon be uilzi t recruit. I t - 1 ill my bcjH for CoafcicrttB The Clarion claims some credit for the interesting and valuable statistical infor mation furnished by its tabular statement of the receipts and disbursements at the State Treasury from the first of January, 1876, to the first of January, 1887. The table has been prepared with great care and at great expense of time and labor, and is entirely accurate. It will be very valuable to persons not familiar with the State's sources of income and necessary expenses, and will serve to dispel the idea if it ever existed, that the State's money has not been spent as the Legislature di rected. The table embraces two periods of time from January 1, 1876, to January 1, 1882 (Gov. Stone's administration), and from January 1, 1882, to January 1, 1H87, (Gov. Lowry 's administration). In comparing the receipts or the disbursements for any one or more years with a view to getting at the ordinary income or expense of the Gov eminent, care should be taken to omit al ways money derived from nnusual sources or paid out f r extraordinary purposes For instance : the receipts for 1876 include $227,150.00, received on account of the Agricultural Land Scrip, ani the receipts for 1x80 include under the head "General State Tax Fund," f 111,051.21, paid to the State by the Chicago, St. Louis and New Orleans Railroad Company. In al! the years, may be found receipts from sale of bonds. The average of the Common School rund received from January 1, 1882, to January 1, 1887, is larger by $15,356 than for the period from January 1, 186, to January 1, 1882, and the average of the same fund distributed during the period first named is $81,57'J.&3 larger than the average from January 1, 1876, to January 1, 18x2. The average of the railroad tax received for distribution to the counties was $29 , 070.3'.' prior to 1882, and $59,615.ai after wards. This is important to remember, as it is a case where an increase of the re ceipts did not give the State any i money to spend. During the jeriod from January 1, 1882, to January 1, 1886, there were receivtd the treasury $155,056.07, belonging to the Yazoo - Mississippi Delta Levee Board which also swelled the receipts, but formed no part of the State's available income These matters are pointed out because they should be considered in connection with any scheme having for its object the raising of an income sufficient to meet the State's necessities ; and especially do they deserve to be considered by all who are en gaged in an honest and unselfish effort to ascertain the cause of the State's increas ing indebtedness. They should be consid ered in connection with the increased de mands on the treasury growing out of ap propriations to our educational and chari table institutions, and with the patriotic purpose to do what is best to be done, and not in the hope that a truthful history of honest transactions may in some way work to somebody's injury. Cabinet Changes. The following ia the latest recast of Cabinet: Secretary Lamar will go from the Interior Department to the Supreme bench as the successor of Justice Woods, and Postmaster-General Vilas will be made Secretary of the Interior. Don M. Dickinson, of Michigan, will be the next Postmaster-General, unless he de cline the appointment, which has been tendered to him. Mr. Dickinson, on his arrival from Detroit, spent several hours with the President. If this report be true, the South will lose a member, but there is not the slightest probability that the policy of the Administration will be changed. The Strikes in Louisiana. Strikes have been made by the labor ers in a number of the sugar parishes of Louisiana, with serious losses both to the laborers and the proprietors. In St. Mary's parish half dozen or more negroes have been killed while resisting the lawful authorities. The cause of these strikes can be stated in a few words: the laborers, who were realizing as high (and in some instances higher) as $1.00 a day, demanded more wages, The proprietors refused to accede to the demand on the ground of inability. The laborers quit work, and refused to vacate the premises, or to permit other persons to take their places. The proprietors undertook to eject them by legal process as trespassers. In some cases the officers were resisted in the execution of their duties, and were compelled to resort to force, with the fatal results stated. The laborers (who were all colored) have been badly ad vised, and will find that they have made a sad mistake. The Philadelphia Ledger1 Washing ton correspondent denies the report that Postmaster-General Vilas is to succeed Secretary Lamar, when he goes on the Supreme Bench, and says: "I am as sured at the highest sources of informa tion that such a shifting about of offi cials has not even been considered. It has not been fully deter mined that Mr. Lamar shall be nomi nated to the vacancy caused by the death of Associate Justice Woods. No appointment will be made until Con. gress meets, and the President never fully decides upon an appointment till he is ready to make it He is a deliber ate man and cannot see in advance all the contingencies that may arise. Therefore he makes no promises. It is true that Mr. Lamar's name is very favorably considered, but before it is fully decided upon, some one must be found for his place, and that is a duty attended with some difficulty." Bishop of Western Texas The Bishops of the Protestant Episco pal Church assembled at Philadelphia, have elected Rev. James S. Johnston, Jr., of Mobile, Bishop of Western Texas. In conferring this high dignity upon its able and distinguished recipient, Missis sippi is uonorea in nis person, lie is a native of Jefferson county, the noble son i t. i V . of a worthy sire, who still lives in ma tured, but vigorous age, to enjoy the honor so worthily bestowed. The Rev. erend Johnston, when a mere boy, fol lowed the flag of the Confederacy and participated in many of the battles in which it was stained with the blood of the bravest and best At the close of the war, he completed his education; and then responsive to a call from on High, he entered upon that "poorest of trades, bat most honorable of callings," the ministry, in which he has earned the distinction with which he has been crowned. Well Done. President Cleveland did not believe it incompatible with his office to speak an encouraging word to the Democracy of New York in the election yesterday. The following is the closing utterance of one of his published letters: With a hearty wish for the success of every candidate on your excelled ticket, x in, yours very irmy, G rover Cleveland. A woman in Dal ton, Ga.. has a breast pin 'Containing a lock of hair which is said to have been cut from the head of Geor Washington. The pin is oval in shape, of old yellow gold, and within a c:rc.e ol C.amonoa u iocs ot faair. A Day at Summit A representative of The Clarion vis- ted Summit on Friday last to take some notes of the South Mississippi Fair there and then ia progress. We found that the repot U of large at tendance, and the completeness of the fair generally, which had been telegraphed to the New Orleans papers, were moderate statements of the actual success of the week. The total admissions of the week most have been upwards of eight thousand, and the admission fee being twenty-five cents, yielded a total fund ol about two thousand five hundred dollars enough to pay all demands in the way of premiums etc The fair was opened on Tuesday in an address by the President, Dr. W. W Moore. Col. T. R. Stockdale then enter. tained the immense crowd in an eloqnent ard very instructive address. Col. W. L. Hemingway also made one of his practi cal talks. There was very general disap pointment that Gov. Lowry was not pres ent, but hia telegram of regrets was satis factory. The fair was a complete success. The weather was all that could have been de sired, except a superabundance of dust. The grounds are about a mile west of town, Twenty acres are enclosed. The exhibi tion building is one hundred leet long entirely too small for the exhibits and the crowds. The stables and stock-sheds are all first-class, and were all occupied. Col Hemingway was the principal exhibitor of improved cattle and mules, but there were many creditable entries from Pike and adjoining counties. In addition to Col. Hemingway's exhibit, we were pleased to note a fine display of plows from the J ackson foundries of John McDonnell and A. X. Kirklana. ine lirst-named was awarded the bli ribbon. Mr. Skellin iter's broom factory exhibited some fine specimens of work by the blind. Quite number of Jacksonians were present dur ing the week, and took a lively interest in the fair. The adjoining counties of Amite, Lin coin, Franklin and Lawrence were all well represented, and we heard a number their leading citizens express their purpose of having competitive county exhibits at the next fair. The Association will doubt less ofier a premium to the county making the best general exhibit at the fair 18S8. We found everybody in Summit euthu si as tic about the fair, and ready to doubl their stock subscriptions. The fact there is more of the pull-together spirit in Summit than in any other town in Missis sippi or elsewhere that we know of. Mos of the business men, and many of the lead ing citizens, are Hebrew, but Jew aud Gentile work together in delightful bar monr in all that concerns the welfare of the place. Summit is one of the most progressive and prosperous towns on the line of the I C. Railroad. It is 108 miles north of New Orleans, and 75 miles south of Jackson. It is the trading point for a large section. Its merchants pay the very highest price for cotton, and sell goods at a small margin of profit. It ships about 15,000 bales of cot ton annually all to New Orleans, at a freight rate of $1.75 per bale. The ship ments thus far, this season, amount to 6000 bales. Until this year, Summit had the shabbi est freight and passenger depot on the I. C. Railroad ; now it has about the best be tween Jackson, Term., and New Orleans. The new depot was opened on the 1st of April last. It is of brick, 166 feet long, by 40 feet wide, and cost about $10,000. The agent's office is a model of elegance and convenience, and no one is more deserving of a comfortable work-shop than Captain Geo. T. Gracey. He is the only agent the company has ever had at Summit. He has been in the employ of the company since July 17, 1856, and opened the office at Summit December 6, 1856. His books for the entire period of thirty-one years show a perfect balance sheet on the first day of every month. ' Capt. Gracey has been repeatedly offered more important stations, with corresponding salary, but he prefers to remain at Summit, where he has other interests. He is one of the best in surance agents in the State, is express agent, belongs to nearly all the benevolent orders, and is a bright and shining light in several of them. He not only knows a good deal, but can tell what he knows in an edifying and instructive manner. ne is one of .the indispensable institutions of Summit, and its appreciative people have several times given him substantial tokens of their regard. Among the many other good things that may be mentioned to his credit, he married a Jackson girl Miss Mollie Adams and their home is hospi tality itself. The telegraph office at Summit is in the new depot, and is in charge of Miss Kate F. Brady, of West Point, New York, and during her two years residence in Summit, she has won golden opinions from all her citizens. We are always pleased to see ladies in such appropriate and useful posi tions. To Capt. John H. McKenxie, and indeed all the Fair officers, we are indebted for many courtesies. They were all very busy, but all very polite to all clasess of visitors and exhibitors. A Fair at Bolton. With little preparation, or sound of trumpets, the people of central and northwest Hinds, had a fine display of stock at Bolton on Saturday, the 5th inst For variety of registered and fine graded cattle, and home-raised horses, there has been no exhibition to surpass it in the State. A number of prizes were awarded, and a delicious dinner was served by the hands of the ladies as a free-will offering of the libera! and public-spirited citizens. After these exercises, and an address by Maj. Barks- dale, the meeting was called to order by Harry Peyton, Esq., and was further or ganized by the appointment of Rev. T. J. Walne as President. A county fair association was organized and subscrip tions amounting to $2,600 were obtained on the spot It was decided to hold a county fair the next year; and on the 1st Saturday of December,- the stock holders will meet at Bolton, to perfect an organization. A committee of three was appointed for each supervisors' dis trict to solicit subscriptions for stock. Aj it is an enterprise in which the whole people of the county are interested, we trust they will respond liberally. Bol ton has won the right to be the seat of the fair by leading off in the interprise, aud as it is acceptable to all portions of the county, they should unite in making the occasion a grand exhibition of Hinds county enterprise and industry. We should add that Capt. II. C. Sharkey waa master of ceremonies during the contest for prizes. , The Winona Advance reports that Hon. L. M. Southworth was sentenced at the last term of the Circuit Court to be "sent to jail and remain there from day to day and terra to term." because he refused to testify before the grand jury as to certain violations of law.'' His friends appealed to the Governor for his pardon, which was granted on the condition that he would testify at the next term of court, but the condi tional pardon was refused, aud he is now ont of confinement through the con tractor of the Government farm. Since he has been out and able to confer with his friends and having been advised by them to do so, it ia very probable that he will testify before the next grand jury, of his own accord." OF THE EECEIPTS AND Heads of Accoi st. Taxes Privileges , Common School Fund Distributive Railroad Tax for Distribution Misisirpi Bonds Sold.. . Swamp Land Fund. General Stat Tax Fund ... Interaal Improvement Fund... ......... code ot Mississippi......... Supreme Court Report!......, ............ Chickasaw School tana. Court House Tax. Clarke County.. Interest on Mississippi' Bonds. ...... .. Agricultural College Bonds Sold tmrneit ti&uK 1 ax... ... Redemption of Lands .. Centennial Appropriation.. Alcorn University Census Enumeration F'd overdrawn Two per cent. Fund on Gov't lliree per cent Fond on Gov t Common School Fund Totals Heads of Accockts. Miscellaneous Appropriations. ....... Legislative Department ........ Judicial Department ......... .. ........ .. Executive Department Lunatic Asylum. Institutisn for the Deaf and Institution for the Blind- Hospital at Vicksburg Hospital at Xatchex ... University of Mississippi A. and M. College Alcorn University State Normal School- Tougaloo University .. Common School Fund Distributive Chickasaw School Fund, Interest i'.ailroad 'lax for Distribution Distributing Laws aud Journals.. F.xecutive Contingent Fund Treasurer's Contingent Fund- Supreme Court Contingent Fund. Express and Postage Capitol Expenses Capitol Repairs Repairs on Governors Mansion Coal, gas, etc Library Supreme Court Stationery, etc Commissions for Assessing..- Public Printing State Board of Immigration -state Koard of Health State Board of Registration Mississippi Bonds Cancelled Interest on Mississippi Bonds Certificates of Indebt ness Cancelled Interest on Insurance Deposits Swamp Land Fund Supreme Court Reports Jackson Fire Companies Penitentiary Militia Court House Tax, Clarke county... Erroneous Land Sales Auditor's Contineent Fund Secretary of State's Contingent F'd. Attorney General's Contingent F'd . cup t ot tducation Contingent Commissioner of Immigration Com'r of Imm'n and Agriculture State Board of Public Works Census 1870 Census 1880, Enumeration State Maps - Commissioner of Array Records Constitutional Convention Geological Survey Pilot Publishing Company Code of 1880 Erroneous Assessments Andrew's Digest Emmett Bank Tax Common School Fund Taxes Overpaid Totals The appropriations for Chief Justice Cooper's Decision Against Hamilton and Eubank Affirmed. The appeal of Uamilton and Eubank from the judgment of Chief Justice Cooper deciding that the relators had not made out a case for a second writ of habeas corpus, resulted in an affirmance of the judgment Monday morning. Judge Campbell read the opinion of the court, which is a lucid interpretation of Section 2534 of the Code. It will be noticed that the cases in which a second writ will be allowed are extremely limited, and this, doubtless, was intended by the law-makers. Judge Arnold delivered a concurring opinion. The opinion of both Judges follow : Ex parte, Hamilton, et al. Campbell, J., delivered the opinion of the Court. The trial before Chancellor Peyton was the trial of a writ of habeas corpus. Had the iudsrment been in favor ot the prisoners, it would have been conclusive in their favor, according to the statute, and it must, as againat them, have its full effect as a judgment rendered on the trial of a writ ot habeas corpus, it is true that Chancellor Peyton, by consent of all concerned, might have sat as a substitute for the lustice of the peace, and then his judgment would have had no greater ellect tnan one Dy me justice of the peace would have had, but the record of the proceeding must govern, and it shows that the writ of habeas cor- vus was petitioned for and issued and re- ' . r . . . 3 L 1 f . turned ana triea as sucn, uu mo that the Chancellor announced that he was examining the case as if he was a justice of the peace does not change the aspect of the case, as made by the rec ord. The second section of "An Act to reg ulate the place of trial of writs of habeas corpus,'' approved February 16, 1884, Acts p. 75, made no change in the law as it existed before. Every judge in this State authorized to issue and try writs of habeas corpus is by the constitu tion and laws, a conservator of the peace, and his plain duty was, before th. Act of 1884. to hold the party be fore him on habeas corpus, il the evidence showed the party guilty of some crime, however defective or irregular the pro ceedings for his commitment may have been; and the time never was in this State when anv iudee with an intelligent comprehension of his position and duty, would discharge a party in sucn case. Where, on habeas corpus, the view of the judge is restricted to an inspection of the process by wmcn ine person is neiu, if that is so defective as not to authorize his detention the only judgment is a discharge, but where the whole evidence is heard, in this State, a judge who, be fore the Act of 1884, would have dis charsred from custody on trial of a writ habeas corpus one shown by evidence before him to be guilty 01 some crime, would have erred and deserved cen sure. The second section of the Act of 18S4 was merely declarative of pre-existing Section 2534 of the Code is Constitu tional. It antedates the Constitution, and has been the law of this State since 1822. The Constitutions of 1832 and 1869 were adopted with reference to it, and no provision of the Constitution is inconsistent with it. The declaration in the Bill of Rights against suspension of the writ of habeas corpus, is not in the remotest degree inharmonious with the statute which does not suspend the priv ilege of the writ in any way. The whole purpose of the statute is to declare the effect of a judgment on the trial of a writ of habeas corpus as a bar to another writ in the same cause to bring the same matter in question, and as a protection to the person discharged against further confinement for the same cause except by a court of competent jurisdiction. But for the statute the judgment for or against the person -on the trial of the writ of habeas corpus would not be final. It could not be appealed from. If it was for the petitioner it would not pro tect him against another arrest and fur ther confinement. If it was against him, he could not correct an error by appealing, but could sue out another writ before the same or another judgu who might follow the first decision, and he could get no redress unless he could find a judge who would discharge him, and when hus discharged he might again immediately be arrested on new proceedings before any justice of the peace or other conservator of the peace, and be again confined in the face of the former discharge. To remedy this evil, this statute was passed. It makes the judgment render ed on the trial of a writ of habeas corpus conclusive until reversed and a bar to another habeas corpus in the same cause to bring the same matter again in ques tion. This is restrictive of the right of the individual He, alone, could have another writ of habeas corpus or appeal DISBURSEMENTS AT THE TREASURY OF MISSISSIPPI FROM THE FIRST OF JANUARY. 1876 TO THE FIRST OF JANUARY, ,1882, AND JANUARY. 1882. TO THE FIRST OF JANUARY, 1887. COMPILED FROM THE REPORTS OF THE STATE TREASURER RECEIPTS. 1376. 1877. 1S78. 646,838 76 570.535 04 557,305 651 137,183 57 153,189 14 44.976 691 337,150 00! 723 60i 28,877 41 1 104 05 i; oo; 156,365 123,197 50 104.009 661- 147J2U6 72 64,100 00) 205,010 00 8,298 00 i"oo 68 OOj 35 00 4?5 88 1,500 00 94 80 "2T,r5oo6! "7,16521 2:50 23 10,810 53 iz,tm 05 725 00 9,201 fc9 Lands Lands 49, M 27 $1,272,623 25 $1,087,044 83!$1.270.679 87 $ 1876. 187 1878. 21,882 89! 15,870 25 li,841 61 113,875 85! 9V700 60 94,540 90! 123,167 61 101,480 63i 36,60 161 76,533 03 16,516 12 10,999 26 73.747 72 31,771 81 08.000 00! 14,752 98! 8,727 40j 34,029 18 76,830 00! 10,350 00 9,300 00 Dumb.. 350 00 24,678 84 39,500 tO 34,979 51! 3''3 75 8.000 00! 3.001 48j 5,1S3 72 15,8tr2 53, 800 00:. 4,000 00;. 13,000 or 9,265 00 11000 OOi 5,999 50 183 434 71 65,518 59 86.954 59 8.028 14 17.8-4 90 1,056 40 953 35 3,993 47 1,000 00! 718 88 174 75 2,982 65 273 67 843 41: ..."i255 Oo! 275 00 2,370 82l 5'.i9 9-. 24V '.1. 1,340 07 100 XA 669 68! 39 50 1,453 SOI 697 00! 131 65 350 25 7,650 50 19,029 67 2,789 73: 2,074 88, 21,195 32 2,249 05 "i6.676 4'i 24,264 80 1,603 83! 331 80! 80 20! 148.350 00 26,(58 00 364.550 00 305,050 00 105,868 00 '22,785 00 41.824 00 130,008 00 13,337 60, 14,101 6 15,820 00 445 201 1,590 9-1 5 004 00! '2,000 00 16 00 23,497 881 2,472 32 82o 00 20 00 2,885 89 400 0U; 190 OOj 793 PO! 1,067 90j '""ioouQ 3.3'Jl 4 91 30 500 00 150 00 1,000 00 r d 1 6b bi 100 00 2,135 14 230 23 7,329 60 541 59 125 09 100 00 1,720 00 Iil,l0.729 03 $1,203,734 At I 895,347 68 printing for 1880, was $ 15,000 ; for 1881, 17,000. The disbursements by Treasurer for those years include printing warrants issued from the judgment or have an action for fake imprisonment. All of 2534, except the last part, re lates to the effect of the judgment as against the prisoners, and declares its effect as a bar to proceedings by him. The last part of the section declares the effect of such judgment in his favor as a protection to him against - being after wards confined for the same cause. So, now, by virtue of the statute, the jndg ment on the trial of a writ of habeas cor jjus is conclusive until reversed (and provision is made for an appeal by the individual decided against), and bars the person decided againtst from having another writ of habeas corpus in the same cause to bring the same matter again in question; and a judgment in favor of the party shields him from being after wards confined for the same cause by the order of any magistrate sitting as a committing court. The bar of the judg ment against the prisoner operates throughout the cause to prevent the same matter from being again brought in question at his instance. The juder ment against him on the trial of the first writ is continuously and perpetu ally, throughout the same cause, conclu sive against him as a bar to another writ to contest the same matter involved in the first trial. The bar in favor of the prisoner dis charged on the first trial is operative in his favor to protect him from being af terwards confined for the same cause, except by a court of competent jurisdic tion. The English statute and the stat utes of some of the American States, in order to prevent vexation by reiterated commitments for the same offence, pro vide that one delivered upon habeas cor pus shall not again be imprisoned for the same offense except by the court having jurisdiction of the cause. Our statute has exactly this meaning, and secures immunity from imprisoumsnt for the same cause except by the proper court before which the cause is brought. These views have been heretofore an nounced by this court in Ex parte Pal tison, 56 Miss., 161 ; Ex parte, Bidwell, 57 Miss, 177, and Ex parte, Nicholas, 62 Miss., 158, and are adhered to after careful re-examination of the whole question. Newly discovered evidence which, added to the evidence on the first trial, would vary the case, cannot avoid the bar of the former judgment. If some decisive fact, in itself conclusive of the innocence of the prisoner without re gard to the evidence in the first trial (such as the person charged to have been killed being produced or the like), would avoid the bar of the first judgment, it is sufficient to say that is not the case before us. The evi dence offered here was of the sort which it was claimed would, when considered in connection with that taken on the first trial, show the prisoners to be enti tled to bail. In this case the evidence given on the first trial waa preserved; but in mauy cases, and probably in most, the evidence heard by the judge is not written down or preserved, and even if a bill of exceptions is signed that is for the appellate court only. How, then, ia the second writ of habeas corpus to be tried ? If before the same judge who tried the first, is he to rely on memory for the evidence ? If before another judge, what then? Are the witnesses first heard to be again pro duced? or shall their testimony as given on the first trial be proved by those who heard it? Shall the discovery of a new witness necessitate a new investigation to ascertain if the old and the new to gether, show the case to be bailable? To so hold would nullify the statute. It denies to the prisoner denied bail on habeas corpus, another writ to try the same question involved in the first trial L e. the right to bail in the then exist ing state of his case. The nature of the proceeding pre cludes the adoption of the rule applica ble to new trials for newly discovered evidence, and vindicates the conclusion at which we have arrived. That the statute makes the judgment conclusive until reversed, is indisputa ble. There is no precedent for avoiding the bar of a judgment, when set up, by questioning its correctness and produc ing evidence, to show that a diflerent judgment should have been given. It was never heard that evidence could be produced in such case for such purpose. The only way known to avoid the bar of a judgment, is to show it to be void or that it did not embrace the matter in volved. In this case the effort to show the for mer judgment void for fraud was abor tive; aud, indeed, counsel for the appel lants disclaim any charge of fraud in obtaining the judgment. The former judgment did. embrace the matter involved in the new writ, viz: the right to bail on the state of facts existing when the first writ was tried. The propriety of the change of venue cannot be determined in this proceed ing. If the law authorizing it waa to be declared unconstitutional, that would not effect the question of granting bail; but we would not be understood as sug gesting a doubt of the constitutionality of the statute on that subject. 1S0. 1S81. Totals. 271,789 04 i 112.718 S3 106.276 34' 24,009 08, 100,650 00: S.09S 03j 55,810 43J 416,640 20i 210.4OS 6oj 181,974 20; 33.609 12( 115,000 00 0,757 50, 121,790 91j 122 00 160,117 14 2,623,225 913,643 786,731 174.422 902,900 66,494 191,213 608 4.044 62 173.773 93 94 035 61 37,779 SO 75,000 00 44,617 86 4,734 51 ai 3 361 92 49 OOj 1,533 60, 2,103 OOj 17 001 10 00 4i5 6 4'.'4 '47 227,150 230 31,817 725 9,201 42 2.405 3,608 49.609 '""4L&"37 4S7 00 42 55L 2,405 92 3.60S 88. 665,452 15 $1,091,878 63 $ 607.925 04 5.985,603 1879. DISBUESEMENTS. 1879. 1S80. 1881. Totals. 1.908 69 13H1 19 26,736 18 2,668 50 87.2'.t6 05 32.825 09 92,180 375,910 649.786 194.048 474,830 78.669 70,223 11,501) 375 207,245 102,036 7)5,400 28,865 4,000 896,815 4&,032 169.001 93 00 00,031 99j 71.516 1 112,677 97 30,732 31 28.210 03' 03,716 97 15,747 02 8,892 87 96.801 85 '.2,948 15 10.901 78 10,401 78 J 5,192 S3 8,5c i0 OOj 25 OOj 43.324 32 J 55,678 75! 17.610 74 3,000 00! '"33',743"oo 40.678 75 31,020 49 5,315 00, 8,0u0 OO! 3,536 02 8,400 00 4,000 00 8,000 OOj 3,000 OOi 2,000 OOi 145,200 79; 71,739 40; 42,257 16, I 1,550 OO! 442 OOj ',72o"2i! 5 6 15 1,348 9.' 224 601 1,294 34; 2,X) 001 142,824 54! 74.056 20! 195,3.9 17 70,609 63' 50,808 80 34 220 26 16 OOi 2,325 1,145 55 435 7: 2,198 22 1,448 09 473 13 617 28 347 28' 3o3 2b 407 05 692 65! 1,4:S8 40 1,331 09 2,451 19 1,333 46 614 05 771 48 484 80 761 37 21,557 60 17,954 86 26,630 40! l,0Ot.) 00 1,91:7 90! '"isii'oo 5,919 20! 2,149 00 958 91 12,649 80j 1,000 ool 1,912 85j " 150250 OOj 150,600 00 39,568 00 1,432 00 61,646 OOj "''il'otJi 30! 18,071 38 1,539 90 3,687 25 17,569 1,721 3.524 1,000 400 20 4,899 434 24; 90, OOi 00 00 916 62 9,176 00 1,000 00 121 55 20 W 1,594 80 603 an 1,484 06 00' 37 31 20 65 16 66! 160 80 498 40 100 00 250 GO 22,422 3: 501 60 50 00 3,100 00 400 00, 30 00 80O OtM 5,111 41 12,891 72 12,891 72: 25 00 25 001 3,000 OOi 230 23 14,511 71 3,826 42 6.52S 3 '08T'20 710 OOi $ 759.819 88 M.097,189 38 S 848,105 145,964,786 17 There is nothing in the complaint that Hamilton was not before the Chan cellor. It is not true as argued by counsel that the subsequent indictment of the parties for murder made a new case so as to entitle them to another writ of habeas corpus, and so a to cause their appeal from the judgment against them on the first writ to be dismissed by this court. As held in Ex parte, Bridewell, mpra, the bar against them continues after indictment throughout the cause, so as to prevent the right to bail on the state of facts existing when the judg ment was given. Their appeal from that judgment will not be dismissed because of the indictment, but will be heard; and if the judgment shall be reversed, it will be thereby vacated and no longer be a bar to another writ of habeas corpus. In Bridewell's case it was claimed that the judgment granting him bail was con clusive in his favor of the right to bail after indictment; but this court held that it was not that its protective force in his favor ended when the court of com petent jurisdiction took charge of him. The former judgment waa in his favor; but was not conclusive after indictment for murder, because the conclusiveness of a judgment in such a habeas corpus trial depends wholly on the statute, and it makes the judgment in favor of the prisoner conclusive only until he shall be dealt with by a court of competent jurisdiction In citing the cases above mentioned, we would not be understood to approve all of the language of the opinions Each case was undoubtedly decided right. But the language of the opinions might have been more happily chosen, as we are now convinced by the thor ough revision to which our investiga tion of this case has led. We are espe cially dissatisfied with the annouuee inent in Ex jiarte, I'altison, that a mis trial will furnish ground for a new writ and the production of new testimony; and the remark about giving jurisdic tion is not accurate. It is not a ques tion of jurisdiction, but of the conclu siveness of the former judgment as a bar. We are satisfied that the only thing which can avoid the bar, is some new state of case which in and of itself presents a ground for granting bail without regard to and independent of the testimony on the first trial. The circumstance of a mistrial might be in fluential on hearing, but cannot of itself be held to avoid the bar. In no case can the testimony on the first trial be looked to as a factor in the second. It has no place in the second trial. The language of the opinion in Ex parte, Bridewell, might well have been more specific, but applied to the case before the court cannot be misunder stood. Affirmed. Arnold, J., concurring: I concur in the opinion just read, and on the main issue involved, say that 2534 of the Code declares that "the judgment rendered on the trial of any writ of habeas corpus shall be conclusive until. reversed, and while so in force, shall be a bar to another habeas corpus in the same cause, or to any other pro ceeding to bring the same matter again in question except by appeal or by action for false imprisonment; nor shall any person so discharged be afterwards con fined for the same cause, except by a court of competent jurisdiction." The effect of this statute is to make the judgment on a writ of habeas corpus a bar against another writ based on facts which were or might properly have been investigated on the trial in which the judgment was rendered. Ex parte Nichols, 62 Miss., 158; Ex parte Bride well, 57 ib 177 ; Ex parte Pattison, 50 ib., 167. All matters of fact which existed and which were or might have been litigated on such trial would be concluded by the judgment; but matters of fact arising after the rendition of the judgment,such as unusual and oppressive delay in the prosecution, or serious injury to the prisoner's health, likely to prove fatal on account of confinement, might be investigated on another writ; for they were not and could not have been examined on the first writ: and to investigate them on another writ, would not be the trial of the same cause, or the bringing of the same matter in question again. New evidence as to old facts, or facta which existed at the time of the trial on the first writ, would not be suffi cient to avoid the bar of the judg ment on the first writ, or to authorize the issuance of another writ in the same cause. The utmost extent to which the jurisdiction of another writ could be carried, would be to consider the case of the applicant as made by facts which have actually happened since the trial on the first writ. This must be the general rule; but-if the extreme cases suggested in the argument of counsel should ever occur, such as indisputable proof, discovered after judgment deny ing bail on habeas corpus, of the party alleged to have been killed by the prisoner being alive, I apprehend that this court or any other court would i consider them so exceptional as to avoid the bar of the judgment denying bail, STAT"RTVr"R3JT Head of Accocst. 83 53; 57 34 00 99 26: 17; 50' 00 Privileges -. Common School Fond Distributive. Railroad Tax for Distribution...... Mississippi Bonds Sold Swamp Land Fund General tate Tax Fund Internal Improvement Fund ; Code of Mississippi......... Supreme Court Reports ............ Chickasaw School Fund. .. iCourt House Tax, Clarke County. Penitentiary ........ Slate Board of Health. ... ..... 88j 17 OO! 00 23 79: 00 89 55 92 88 27 ! Yazoo-Mississippi Delta Levee Tax-, tublio rnntinz - Erroneous Land Sales Interest on Mississippi Ilomls Storm Damage Fund A. &M. College bight per cent. Loan .. 77j Totals .. $ Heads of Accoists. 81 Miscellaneous Appropriations 84:Lcgislative Department 05, Judicial Department .. 68 Executive Department- 00 ;Lunatic Asylum 68 Institution for the I)-af and Dumb.. 10; Institution for the Blind 00 Hospital at Vicksburg 00 Hospital at Natchei 66, .University of Mississippi 25;A and M. College 00: j Alcorn University - 00j$tate Normal School . .. OOijTougaloo I'niversity 08 JCommon School Fund Distributive.. 09, Chickasaw School Fund. Interest.... 79 Railroad Tax for Distribution 75;iDistributing Laws and Journals ll,ov tTJ ' Executive Contingent rund 4,912 58 iTreasurcr's Coutiugent Fund , 174 75 Supreme Court Contingent Fuud., 10,394 29,j Express and Postage - - 2,527 48 jCapitol Expenses 4,483 00 Capitol Repairs 1,214 03HRepairs on Governor's Mansion.. 6,637 23:'Cal, gas, etc.- 8,740 2l!Libra.y 131 55!jSuprenie Court - .. 2,367 90!Staiionery, etc 101,457 17;ICommis(ions for Assessing..:...... 110,732 92 iPublic Printing 5,77)2 83nState Board of Immigration. 5,131 46i;State Board of Health.... 80 26; i State Board of Registration 1,271,550 OOjjMissisaippi Bonds Cancelled 265,594 00 ilnterest on Mississippi Bonds .... 154,285 OO jCertificates of Indebt ness Cancelled 93,691 09:Interett on Insurance Deposits 6,214 57;Swamp Land Fund- 21,391 2a! -Supreme Court Reports 4,000 00 ! Jackson Fire Companies , 27,341 43,iPenitentiary 2.369 Oij jCourt House Tax, Clarke county. 6,494 n.iErroneous Land Sales - , 434 SlijEast Mississippi Insane Asylum.... 7,089 31 jiiirls' College at Columbus aid 00 iKeturuislung uovernor s Mansion. 340 OOj; Water Closets, etc 1.793 00;; Railroad Commission , 1,134 57!jYazoo-Mississippi Delta Levee Tax iio ou isouthern express Company 749 00 i j. F. H. Claiborne Fund 200 00 First National Bank of Columbus.. 22,923 82 ; Exposition Bureau 3,200 00! New Deaf and Dumb Asylum 2,535 14 Relief Fund 80 OOjjMansion Incidentals 800 00,;0opying Laws and Journals 0,111 4i!,freservation "state Archives... iLegal Services R. R. Supervi'n Cases bxpens.js up I, 01 Education Missisbippi Bands, Expense 3,000 00 Lana Aisessments , Capital Light Guards.. Volunteer Southrons.. 8.053 36 Totals and warrant the issuance of another writ, and a new investigation.". I do not understand the language employed in Ex parte Pattison, 56 Miss., 1C1, in reference to the effect under the statute, of a mistrial on the rights of a prisoner, as to habeas corpus, to mean more than that a mistrial by a petit jury, after judgment denying bail, would be one fact which, in connection with others occurring after the judgment, would be sufficient to entitle the prisoner to a second writ and another investiga tion on such new facts; but such new investigation would not and could not bring into consideration or rehearing, facts heard or existing when the judg ment was rendered. If more was in tended to be said, it seems to me to be incorrect and misleading. A judgment on habeas corpus operates for and against the prisoner only to the extent and in the manner allowed by the statute. If it is in his favor and he is discharged, with or without bail, he moy be re arrested and imprisoned for the same cause, when indicted therefor or by a court of competent jurisdiction ; for the statute provides that this may done. If it is against him and he is denied bail, appeal is his only remedy ; for the statute gives no other to bring the same matter in question again. It is impossible under the statute to give a judgment on habeas enrpus such recip rocal operation for and against the prisoner, that if he is denied bail before indictment and is afterwards indicted, he may then annul the judgment against him by another examination of the question of his guilt or innocence upon a new writ. Without regard to the statute, the fact of the indiotment being found in such instance would not change the legal aspects of the case in his favor, but rather against him. At common law an adverse judgment on habeas corpus was no bar to another writ, and a subject deprived of his liberty, might resort in turn to every judge of the realm, and be discharged or bailed by either one of them who thought proper to do so, notwithstand ing each of the other judges may have decided to the contrary. This was the evil sought to be remedied by 2531 of the Code. The statute is a positive restriction on the rights of a prisoner in regard to habeas corpus, as they existed at common law. It makes the judgment rendered on the trial of any writ of habeas corpus conclusive and a bar to another writ in the same cause to bring the same matter in question again, how long? Until reversed on appeal. Another provision of the Code changes the common law again by making judg ments on habeas corpus reviewable by appeal, and confers the right, without restriction except as to the State, of appeal to the Supreme Court, on any party aggrieved by such judgment. To permit the bar of a judgment on habeas corpus to be escaped by newly discovered evidence generally, or such aa would be sufficient for a new trial at law, or for a bill of review in chancery, would nullify the statute and foster the very evils it was intended to remedy. The last clause of 2534 of the Code applies exclusively to the case where a person has been dischargedon habeas corpus; and forbids that he shall be again arrested or confined for the same cause, until he is indicted or proceeded against therefor by a court of competent jurisdiction. When this clause of the statute is put in operation by the action of the State, and a person who has been discharged on habeas corpus, with or without bail, is afterwards indicted and re-arrested and confined for the same offence, it is a just and necessary con struction of tbe statute that he should not be denied another writ and a new investigation on the merits, without reference to whether the facts on either side are new or eld. He could not be barred by the former judgment super seded by the action of the State in his re-arrest and confinement; for that judg ment was in his favor and could not be pleaded in bar against him. The right to another writ in such case was recog nized and not disputed in Ex parte Bridewell, 57 Miss., 177. In the case at bar the judgment deny ing appellants bail on their first proceed ing by habeas corpus, is a bar against them until reversed by appeal, except upon facts which have occurred since that judgment was rendered, and His Honor, the Chief Justice, did not err in refusing to hear testimony given on the first trial, and which waa in existence at that time; and I am unable to say that the newly occurring facts ia evi dence before him was sufficient to justify or require the relief prayed for. I vote to affirm the judgment, not upon the ground that the prisoners are guilty beyond reasonable doubt of the crime charged,for tnat question, directly involved in the first habeas corpus pro ceeding, is not now before the court; but because I do not find in the record sufficient proof of facts arising subse quently to the judgment on the first writ to avoid the bar of that judgment. Magistrate (sternly, to tramp) The address yon gave me aa your place of resi dence ia a vacant lot." Tramp "Yes. yer honor, that's where I sleep nights." 1883. 1SS4. 1SS5. 290,606 So 12.461 06 139.361 63 288,272 40j 170,477 43 174.212 94 38,4;iS 25; 20,000 OOi 13.491 9ti 7,127 77! 40 05i 367 00 10 OOj 480 60 2S3.893 43 300.792 150,255 136,14 44i 152,3;14 04 5,915 46 61,700 00! 9.S92 31 j 3,672 92; 303 95' 100 OOj "479 137,6;"5 71,995 37.284 15 10,000 00 50,759 45 81.000 52.726 71,453 81 10, 192 7f9 417 15 480 187 Ki 300 00; 1,174 67 33,944 S3j 2 00i "Ti.'oTfl oi 12,100 9,470 33. 82,597 1,125 IS 7,370 00 770.959 5: S 746.864 75 $ 725,981 $ 902.142 1S82. 1883. 1SS4. 1885. 32.197 42 75,9)3 32 72,421 64 32.296 56 4M 90: 10,71 93 1882. 652 61i.. "7,V252'it2j 84,754 04; 08, 046 8,v 16,300 Ool 10,125 on! 7.499 651 3,000 00: 24.482 25! 33.3S5 62! 12.514 9,i! 3,000 ool 3,000 00! 247.495 75! 59.670 40j 07,028 6)! 40 00 2.231 30i 20 00j 412 39 2,224 19 58 20; 1,438 10! 411 67, 992 33 329 10; 20,589 76 7,0OS 52! 6,233 82' 4,293 43, '22 00; 617 201 79,170 76 .. 77.300 53j 82,249 06, 76,352 45 19,300 00: 10.125 t0' 7,500 A) 8,000 00! 32.613 00 46.219 07' 10,978 75! 3,000 00! 8,0O0 Oil 24,524 73 65,100 78! 37,677 94 290 32 ; 4,278 70! 274 12 I ""l"540"60:" 378 75; 1.652 87j "" l"8'. 1 8.; 911 42 1,036 36! 733 82! 20,577 83 1 15. 992 04 2,326 90! 11,990 6s! 19 OOj 1,000 OOj. 656 75i 68 OOj . ' '"3,842 75! n. 76 84, 43,585 89; 75,500 00j 18,290 98! 9,093 85 6,000 00! I I "'io'stis 75! 40.607 fio! 16,678 751 3.000 00' 3.000 00 197,872 09 i 65,713 68' 36,739 43; j ""l'422 S5: 24 00. 5 50L 1,616 S3 377 50i 1,801 43! 1,430 75!. 1,297 34; 899 39 1,241 771 431 62! 20,874 19; 8,078 70 8,388 68j 8.580 781 67,500 Ot" 28.209 02 34,972 95 5,000 00' "34,982 25 90,328 75 7,109 26 3,000 00 3,000 00 170,477 11 66,209 61 19,498 Kf) 2,499"85 16 0U L970'47 303 50 1,461 92 1.5.9 63 1,032 08 1,100 22 1,168 35 21.185 03, 16,200 55 12.592 61 13,085 13 157JOOO0 43,010 00 "7i!587 58 20 00 71,000 00 10,227 33 110 00 11,988 61 1.831 18! 4.832 OOi 1,000 00 717 00! 415 74 40,552 25 8,640 2,683 13,824 4.012 1,000 21 3,919 42! 4,004 OOi 1,000 00; 165 00! 3,988 00 i 1,000 OOj 561 OOj 043 65 36,178 60; 400 00 1,174 67 OOi 44 8,446 35 867 71.322 39,600 160 00 799 00 4,342 48 10,539 30,225 164 85 2 85 760 00. 6,913 OOj 15,254 3,000 00 $1,057,441 05$ 836,499 90 $ 886.158 38j 904,494 prior to 1876, and held by insurance companies. 'An Answer Wanted" nished- aud Fur- The respected Vommercial-Hratd, while approving all that The Clarion lias said in favor of sustaining the Univer. sity, is not entirely satisfied with our position and propounds the following query : Is our esteemed contemporary in favor of standing by the settlement of 1880? That is the question. In our issue of October 5 we took occasiou to say that "The Clarion favored the Act of 1S80, which Judge George criticises' and expressed the opinion that "for the presen t the settle ment may as well stand." In other words, we are in favor of standing by the settlement of 1880, as it is not prob able that the University will ever need less money than it is now receiving. Eishop Galloway Replies to Mr. Davis. Brookhavkn, Miss., Oct. 31, 1887. Editor Clarion: In your issue of October 9, is published some comments by Hon. Jefl'erson Davis upon what he terms "a nominal reply to my (his) open letter to Bishop Galloway." A few ob servations in response, I ask the privi lege of making. To characterize the re ply as "nominal" is not argument, and will not satisfy even those who sympa thize with his side of the question. It ia no fault of the greatly honored states man that his positions were not better sustained. He unfortunately has con sented to the advocacy of a cause desti tute of argumeut to support it, and has, therefore, added nothing to his well-deserved fame s a successful controver sialist. I write not for the sake of controver sy, but in the interest of moral reform. It would not be becoming or convincing, therefore, to employ offensive terms or betray personal discourtesy. They are the weapons of defeated debaters, and not the implements of diligent searchers after truth. It is easy to pronounce a reply merely "nominal," and with equal facility I might retort by characterizing his comments as comical, but they prove nothing and deceive nobody. If, bow ever, solid and sustained argument can be adduced to expose the fallacy, falsity or danger of prohibition, I am more than anxious to discover it. Not for a moment would I consent to advocate a cause if assured that its triumph would imperil the integrity of our peculiar governmental institutions or invade the sacred rights of the humblest citiz3n. Reform cannot be purchased at such a price. But until then I must adhere to my profound convictions, supported by years of earnest study, that prohibition is right in principle, in harmony with our organic law, feasible, and wherever tried, has been potential for good. In such a spirit I am constrained to offer a few reflections upon Mr. Davis's comments on my "nominal reply." It will be remembered that Mr. Davis ac cepts the principle of local option, but rejects the principle of prohibition. By what logical casuistry or consistency these two positions are to be reconciled I leave him to discover. He objects to mv aDDlvinir hisdoctrir.e rtf Wal .,: to counties, and insists that it must be t-ouuueu u narrow limits ' and be sus tained by a "sufficient majority;" of which "narrow limits" and "sufficient majority," he says, in his letter of Octo "MeaninS such narrow limits as would have homofreneitv nt rw-,r,,,tt: , , . -O J fUf U14UUU, and such majority as would prevent agi- another election." In nthaw .r. u admits the right of the people, "within narrow limits," to decide by vote that whisky shall not be sold in their midst provided the population is homogene ous and the majority so nearly unani mous as to prevent even the "agitation" of the question of another election. It is difficult to believe that in propound ing such a political doctrine Mr. Davis is really serious. Coming from a less distinguished unnrr it wl'. , ' J . ""J " uumu com-1 mand a thought or provoke a smile. ' Just how narrow tha limits must be in urucr kj secure sucn homogeneity and unanimity is not stated. But ia a coun try like ours, of general intelligence and independence of thought, the "limits" must be ludicrously confined say to one sovereign citizen. Of this novel doctrine, or rather declaration, one is cunoua to know: 1st, How the "sum cient majority" is to be discovered ex cept by an election. 2d, Who is to de fine and decide the sufficiency of the majority. 3d Who has prophetic inspi ration enough to foretell that with a certain "sufficient majority" there will never be "agitation for the reversal of the decision by another election." Polit ical history is f all of changes ia public sentiment, on great questions, though at one time almost unanimous. Some men change their opinions, and population changes by immigration, emigration and otherwise. How, then, i it to be deter FROM THE FIRST Of 1S86. Totals. 66; 00 281.577 87' 1, 236,515 til! 128,849 61 1 93.446 18 308,(tl 00! 4,li-'6 '-'J' 3.592 til: 756 02 415,142 71 H75.851 14 732.3'' 52 2,',(7'.f 57 4.7iiO 0 111,(96 35 9-..01U 2S 2,977 l'. 1,184 75 2". i") 2.131 56 1,164 67 58,121 52 2 On 155.056 U7 1,125 00 18 97 7,370 (tit 64 ui 175,0110 h 40, 53 0it 3 97 7 75 Oil OOj 691 681 58 8yj m 97 62,987 5, 64 til 175,000 W 50 $1.29.707 76 $4.44ii.-- ) 1886. Totals 4.00:i 8 ; 234 ..-,-, 15 377,554 M 176,01t 18 319.516 19 95,72-) (C 72.411 Ml :"4,yini 65 8,410 8S 1U5 564 25 247,1(69 69 63,687 15 14,295 32 15,000 OO 1,155,245 65 328,519 4S 22 1,585 19 010 42 78,513 77,793 33.130 31.6)6 12,125 8.125 10.000 2,410 32,643 31.428 16.405 2,295 njooo 2. '0,875 7 i 25 (0,745 208 2,130 142 87 KSI 64 80 00 00' (Ml, 88! OO1 75 4), 32 no; 87i ol! tht 10 im; 38 12,562 70 470 5 50 (A) '."0 17; 347 00, 997 43! lt8 77; 1,958 (HI! 1,246 06: 990 53' 1,256 37! 22,564 91 13.570 28, 333 33; 4,115 45 25 OOi 7,356 ;;i 1,821 14 8,137 i-4 i,(h; 8,io; 72 92 4,534 83 6,367 21 3,909 2ii 111,792 35 60,8 )6 09 28,875 14 42,065 47 SO 00 22;t,iuo 00 b2,4:tO 98 178 00 29,059 52 24,494 71 20,600 00 6.000 00 . 2,447 25 1,174 67 2,685 94 201,500 00 611,92s 75 .60 00 799 Ot) 24,928 54 155,050 07 164 85 9 5 750 00 13,318 43 3 000 00 2 709 45 92 70 ?3040 210 0J 5 000 00 ' 27 05 1 357 85 332 22 72 25 1(19 ( K) 4,750,712.03 OOj 19,996 99! 33; 03 j Oo! 00 OOj 3,400 00 1,077 33 i 3,764 01": 1,000 00! 953 26 -2U 84 4.",UtN) Ot)! ,9,928 75i .1. 27 80! 00 18 8 10,016 88 124,830 4u 6 60 "1,150" 00 " 2,769 45 92 70 C3 330 40 240 Ooj 5,000 0O 27 05 1 357 K5 33 1 22 109 Ooj 79; tl,(x;6,ll8 51 mined, in absence of the prophet's ken, tnut the unanimous voice of the people on a given subject, even within narrow limits, will not change? That impor tant modifications of public sentiment have taken place in the South during the last decade or two on many govern mental, economic and moral questions, is a fact known and read of all men. In governments of the people, for the peo ple, and by the people, we can have no assurance of any question bea sus tained by a sufficient majority to pre clude the possibility of an agitation for another election. Nor would it be de sirable, if possible. The application of such a theory to any public question would be an anomaly 111 popular govern ment. If the right of a people to deter mine the question ol the manufacture and sale of intoxicating liquors or any other issue, is conceded, to fetter it with such provisos and conditions as stated above, is ti nullify the principle and trille with the elective franchise. One can scarce suppress amazement that such an idea has been seriously ad vanced by one profoundly versed in the principles of government and conspicu ously acquainted with practical legisla tion. So much for his doctrine of local option. The only other point noticed in his brief comments is my reply to his use of Father Mathew's name as an argument against prohibition. I quoted the words of that grand apostle of moral suasion to show that he was alike an advocate of laws for the suppression of the liquor traffic. Mr. Davis says he has procured, after delay, the "accepted biography" of Father Mathew.and finds no proof of the fact that he "asserted or sought by prohibitory legislation to correct the evil of intemperance." If he has failed to find tbe quotation, it is not my fault, but I assert again, that, without abating his labors as a moral suasionist, in which he accomplished wonders and de serves all honor, Father Mathew uttered these words: "The principle of prohibi tion seems to be the only safe and cer tain remedy for the evils of intempsr ance. This opinion has been strength ened and confirmed by the hard labor of more than twenty years in the temper ance cause." Yours respectfully, Chas. B. Galloway. Wilkinson County Fair. The correspondent from whom we expected a report of the Wilkinson County Fair, failed to send it, and has left us without an account of it. We are informed by a gentleman who had the good fortune to attend it, that the farm products, in their excellence and variety, surpassed even the expectations of the exhibitors and projectors of the enterprise. In ante-bellum days the grand old county of Wilkinson kept well to the front in public enterprise and prosperity, as well as in the illus trious men whom she gave to the ser vice of the State; and her second annual fair which opened on the 25th of Octo ber, shows that she has lott nothing of her former spirit and is keeping well abreast wi;h the times. Capt. George T. McGehee ia the President of the Fair Association, and has displayed in the success of the enterprise his splendid skill as an industrial organizer. Fob Tbk Clikiojc.I Gubernatorial. I see that several papers in this State have recently made favorable mention of Major Barksdale for Governor. The mighty Noitheast seconds the mo -tion, and will gladly hail this unselfish, patriotic and distinguished statesman, as the Democratic standard-bearer in the next campaign for Chief Executive of the State of Mississippi. We have many worthy and able gentlemen in the State who would magnify this high of fice none more so than the people's fa vorite, Hon. E. Barksdale. He could completely unite and solid ify the Democracy of the whole State. This section is solid now. Respectfully, Jno. Y. Murky. Ripley, Nov. 5, 1887. " Aa glares the tiger on his foes. Keinuied in by hunters, spears Uk4 buws. And. ere he bound ukd the ring, telecu the object ol his pring." So disease, in myriad forms, fastens its fangs upon the human race. Ladies who sutler from distressing ailments peculiar to their sex, should use Dr. Pierce's Favor ite Prescription. . It is a positive cure for the most complicated and obstinate cases of leucorrhea, .excessive flowing, painful menstruation, unnatural suppressions, pro lapsus, or falling of tbe womb, weak back, "female weakness," anteversion, bearing down sensations, chronic congestion, in flammation, pain and tenderness in ova ries, accompanied with "internal heat." On a lark feathers. Harper's Basar.