Newspapers / The Charlotte Democrat (Charlotte, … / Feb. 9, 1864, edition 1 / Page 1
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( hit f 8 OFFICE on the; N lO per annum CHARACTER IS AS IMPORTANT TO STATES AS IT IS TO INDIVIDUALS, AND THE GLfJRY OF THE ONE IS THE COMMON PROPERTY OF THE OTHER. . WEST SIDE OF TRADE STREET CHARLOTTE, N. C, TUESDAY, FEBRUARY 9, 1864. Editob and Proprietor. TWELFTH VOLUME N U II B E U C07. J i i ? . i 1 J it! t re It si it f in THE (Published every Tuesday,Q) BY WILLIAM J. YATES, EDITOR AND PROPRIETOR. $ 10 IN ADVANCE. Transient ad vertisenients must be paid for in advance. Batf Advertisements not marked on the manuscript f r a specific time, will be inserted until forbid, and charged accordingly. AN ACT IN RELATION TO THE MILITIA AtfD A GUARD FUR HOME DEFKNOE. Sec. 1. He it enacted by (he General Assembly ol the Slate of North Carolina, and it is hereby enacted by the authority of the Bame, That the exemptions from service in the Militia of the State, shall be for the same causes, and to the same extent and no farther, that are prescribed in the acts of Congress of the Con federate .Slates, providing for the enrollment of men for the public defence and granting exemptions from the .-same, commonly calle-f the conscription und, ex emption acts. Sec. 2. He it further enacted, That it shall be the duty of the Governor to caiise to be enrolled as a guard for homo defence all while male persons not already enrolled in tlie service 1 the Confederate States, be tween the aes of eighteen 'and fifty years, resident in this State, including foreigners not naturalized, who have been residents :n the Stale for thirty days before such enrolment, excepting persons filling the offices of Governor, Judges of the Supreme and Superior Courts of Law and Equity, the members of the General Assembly and the ojhcers of the several Departments of the Government of the State, Ministers of the Gospel of the several denominations of the State charged with the duties of churches, and such other persons as the Governor, for special reasons, may deem proper subject' of exemption. Sec. 3. He it further enacted, That all persons above the age of fifty, who may volunteer for service in said guard for home defence, and shall be accepted by a Captain of a company for the same, shall be deemed to belong thereto, and shall be held to service therein, either generally or for any special duty or expedition as the commanding officers of regiments or companies, according lo the nature of the particular service in question may determine. Sec. 4- He it further enacted, That the Governor shall cause all persons enrolled in pursuance of the two preceding sections of this act to be formed into companies, with liberty to elect the commissioned offi cers of such companies, and thence into battalions or regiments, brigades and divisions according to his dis cretion, an. I he shall appoint the field officers of such liiittiilions, regiments, brigades and divisions, and s'will issue commissions in due form to all the officers a foresaiil. v Sec. 5 He it further enacted, That members of the Society of Friends, commonly called Quakers, may he exempted from the provision of this act by paying the sum of one hundred dollars according to an ordinance of the Convention of this State in that behalf, ratified the 12th day of May, 1862. Provided that when a Quaker shall have paid or had levied of his property the sum if live hundred dollars under the act of Con gress called the conscription law aforesaid, he shall not he required to"" pay auy sum of, money for his ex emption under this act. Sec 6. That the said guards for home defence may bo called out for service by the Governor in defence of the State agaifist invasion and to suppress invasion, either by regiments, battalions, or companies, en mazse, or by drafts or volunteer."! from the same, as he, iti his discretion may direct; shall be undel- his command, through the officers appointed- as herein provided: shall serve only within the limits of this State, and in terms of duty to be prescribed by the Governor, not exceeding three months at one term. They, or so man' oi them as may be at any one time called into service, may be organized into infantry, artillery or cavalry as he may direct, and the infantry and artillery may be mounted if he shall so determine,, the men furnishing , their own horses and accoutrements anil arms, when approved by the Governor,ii such terms as he shall prescribe. Sec 7 lie it further enacted, That the Governormay furnish to said troops the arms, accoutrements and ammunition of the State when called as aforesaid into active service, and shall prescribe rules for their return and to prevent the waste, destruction or loss of the same. Sec. 8. Be it further enacted, That all laws and clauses of laws coming within the meaning and pur view of this act be, and the same are hereby repealed. Sec. !. He it further enacted. That the commissions of officers of the Militia, called into service by this act, are suspended only during the period of such service. Sec. 10. He it further enacted. That this act shall be in force from the date of its ratification. Ratified the 7th day of July, 186X Amendments to the above Law. ACT TO AMEND AN ACT IN RELATION TO THE MILITIA AND A GUARD FlyR HOME DEFENCE. Skc. I. Re it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same. That neither the Govern or of this State, nor the officers acting under an act ratified on the 7 til day of July, 18(33, entitled "An act in relation to the Militia and a Guard for Home De fence," shall call out for drill or muster the persons enrolled under said act, ofteuer than once a mouth iu vompany drill, or oftener than twice a year in battalion drill, which battalion drills shall take the place of the company drills for the month iu which they are ap poimed, unless when called into actual service to repel invasion or suppress insurrection, or to execute the laws of the State. Skc. 2. He it further enacted. That the Governor hall have the power to se the Guards of Home De fence for the purpose of arresting conscripts and de serters; i'rorUlt-l, they shall not be ordered upon this duty heyond the limits of the counties in which they reside or the counties adjacent thereto. Skc 3. He it further enacted, That in addition to the exemptions contained in the act to which this is an amendment, there shall bo exempt County commission ers appointed under an act entitled "An "act for the re lief of wives and families of soldiers in the army," reg ular millers, blacksmiths w ho have established shops, necessary operatives in factories and foundries, the Attorney General, Solicitors of the several circuits and counties, physicians office years' practice, contractors with the State or Confederate government, one editor to each newspaper and the necessary compositors, mail carriers, professors in colleges and teachers in acade mies; Provided, that this exemption shall only apply to the drill speeified in thisbill arid not to service when the Guard for Home Defence is called into the field. Skc 4. He it further enacted, That for failure to at tend the battalion or regimental drill, each field officer shall forfeit and pay one hundred dollars; each Captain and other officers who shall fail to muster and drUI their companies at the times appointed, shall forfeit and pay for each failure fifty dollars, and if a non-commissioned officer or private shall fail to attend at any drill, he shall forfeit and pay not less than five nor more than twenty-five dollars; Provided, that every absentee 6hall b allowed uutil tlia next muster to make his excuse. The hues shall be adjudged by regimental and compa ny courts-marli.il, and judgments are to be entered np and the fines collected in the same mode and in accord ance with the provisions of the Militia Law of North Carolina, passed at the- second extra session of the General Assembly, 18CH Sec 5. Be it further enacted, That the Surgeon Gen eral by and with the advice and consent of the Gov ernor, may appoint snrgical boards, not exceeding threef composed of two physicians each, who shall de clare by their certificates those persons who shall be exempt from service under the act to vbich. this is an amendment, on account of mental or physical disabili ty, and 'they shall receive the pay of their rank and traveling expenses, to be determined by the Adjutant General. Sec 6. Be it further enacted, That the Guard for home defence, should they be called into service by the Governor, shall receive the same pay, rations and allowances aj soldiers in the Confederate States' .-er-vice, and shall be subject to the rules and articles of war of the Confederate States. Sec 7. Be it further enacted; That when the pressure of public danger shall not prevent the observance of such a rule the said Guard lor home defence shall not be called into service en mass'', but by drafts of a num ber of men from each convenient company, so as to make up the aggregate force required1. Sec 8. Be it further enacted, That this act shall be in force and take effect from and after its ratification. Read three times 'and ratified in General Assembly, this the 14th day of December, A. I)., 1863. NOTICE. I wish to hire twenty good able-bodied Negro men for which I will pay $400 per year. Those having such hands to hire will please call on Robt F Davidson in Charlotte. I also wish to hire two good carpenters. I will pay in Iron and .castings, if preferred. J. V. DERR, Jan. 19, 18G4 Spring Hill Forge, N. C. NOTICE. The.Association for the Relief of the Working Men of Charlotte having opened in the Store opposite the Court House, formerly occupied by Loewenstein, have now on hand Bale Yarn, Salt, and Alamance Cloth, which will be exchanged for Produce and Provisions on liberal terms. . . WANTED Corn, Meal, Flour, Wheat, Molasses, Bat ter, Lard, Tallow, Bacon, Dried Fruit, &c. A. GlfAHAM, Commissary. - Nov 17, 1863 tf Printing1 Materials for Sale. I desire to sell the Printing Materials connected with the late "North Carolina Whig" newspaper, published in this town. The materialsconsist of a Hand Press with Inking Apparatus, Long Primer and Brevier Type, together with a fair assortment of Fancy and Job Type. Further information will be furnished by addressing the undersigned at ChaHotte, N. C. Oct 27, 63 RACHAEL R. HOLTON. COTTON CAKDS A'D SHOES. Cotton Cards for sale, but an early call will only se cure a pair as we only hafe ten pair. We have on hand and can make to order calf-skin Shoes and Gaiters of very fine English leather. Lots ladies' calf-skin Bootees. Lot of thick Brogani, large sizes. J. F. BUTT, Mint Street, June 23, 1863 tf Charlotte, N. C. WANTED, A single white man, over conscript age, to assist on a Plantation and take charge of 5 or 6 hands. Apply at this Office. December 8, 1863. ARRIVAL and DEPARTURE Of UI esse tigers OF THE SOUTHERN EXPRESS COMPANY At Charlotte Office, Daily. ARRIVES. From Char, k S C. Railroad 5 00 N. C. Railroad 6 25 " A.. T. k O. Railroad 10 00 " Wil., C. & 11. Railroad 3 15 DEPARTS. A. M. and and 5 P.M 5 " P. M. For N C. Railroad G 20 A A. M. and 5 50 P.M " and 0 00 " ii P. M. Char, ft S C. Railroad 7 00 Wil., C. & R. Railroad 7 30 A., T. & 0. Railroad 3 00 It is desired that all Parcels, Packages or Freight to be forwarded by either of the above Trains, be sent to this Office One Houu previous to its departure. T. D. GILLESPIE, Agent. Charlotte, Sept. 7, 1863. . tf EXPRESS NOTICE. Office Southern Express Company, 1 Charlotte, Sept. 24, 1863. J In order to avoid misunderstanding and to make our charges conform to the liability assumed, this Company hereby gives notice that from and after Octo ber 1st, 186J, shippers will be required to place their valuatiou upon each package before it will be received. Such valuation will be inserted in the Company's receipt, and establish the liability of the Company for the amount. The act of God and the public enemy only excepted. T.D.GILLESPIE, Sept 28, 1863 Agent. TANNERY. We have a Tannery in full operation about six miles from Charlotte, on the C & S. C. Railroad line.' It is a first-class Tannery, and we are prepared to purchase, at market priced Hides of all descriptions, and supply the trade at current prices. , A. H. GRIFFITH, July 13, 186 tf C.E.BELL. Stair of X. Carolina Cleveland Count y. Court of Pleas and Qnurter Sessions. J B Martin et al, vs. The Heirs at law and next of kin of J B Harry, deceased. Petitiou for Reprobate of Will. It appealing to the satisfaction of the Court that the defendants in this case, Anna E Bridges and her children, John L Bridges, Asbury Blalock and, wife Sarah, Washington L Bridges, Edmund H Bridges, Hamilton A Bridges, Lafayette Benton, Elizabeth Ben-' ton, Sarah Harry and Marcus L H Harry, heirs at law "of J B Harry, are non-residents of this State: It is therefore ordered that publication be made in the Western Democrat, a newspaper published in the town "of Charlotte, Mecklenbuig county ,For six consecutive weeks, notifying defendants to be and appear at the nest Court of Pleas and Quarter Sessions to be held for the county of Cleaveland at the Conrt House in Shelby, on the 6th Mouday after the 4th Monday in November, 1863, then and there to make themselves parties to this issue if they think proper so t j do. Witness, S. Williams, "Clerk of said Court at office, the 6th Monday after the 4th Monday in Autjust, 1863. advlO 08-6t S. WILLIAMS, Clerk. . I, . m , . . - . . m . NOTICE. Having taken gut Letters of Administration on the estate of Cyrus L. Black, deceased, I hereby notify all persons indebted to Baid deceased to make immediate payment, and those having claims against him to pre sent them within the time prescribed by law or this notice will be pleaded in bar of their recovery. Dec 8, 1863 Ira JOHN II MORRISON, Ad,m.r Wnlttn SJrmorr at. CHARLOTTE, N. C. Our terms are ten dollars per year in advance. jggf" The Democrat trill be ditcontinvedto all subscri bers at the expiration of the time for vhieh it is paid. Those who want to continue must renew before or at the ex piration of their time. How Deceived. Many of the citizens of East Tennessee (supposed that all that was necessary to give them peace was -for the yankees to -obtain possession of the country. They were deceived into the belief that if they submitted to yankee authority they would then have peace, quiet and prosperity. Well, the yankees did get control at one time of most of East Tennessee, and many poor creatures tdok the oath, but that did nut give them peace it only iuvolved - them in deeper trouble. Of course our own troops would not pro tect the property of tories, and the yankees them selves preyed upon them, so that they were placed between two fires neither side respected them. If they had stood up for their country's cause, the Oonfederate troops would have relieved them to some extent. But the yankees have been unable to hold East Tennessee, and those who put their trust in yankee power have found themselves wo fully deceived. ' ' ' . " A gentleman who left Knoxville recently says the character of yankee rule and policy there has pretty well cured ,thc Union men of their Union ism, and has more firmly and resolutely determined southern men to fight thetn to the bitter end, and to throw all the weight of their services and influ ence in the scale of southern independence.. The oppression of southern citizens is the most despotic ever heard of in a civilized and christian country. They are not allowed to follow their occupations, or to sell cr buy, without a permit from General Foster, and cannot obtain this without taking the oath of allegiance. Nor is this all without the means of procuring food, they cannot even draw the scanty rations allowed without swallowing the oath. The rations issued are one hard cracker per day, and a little lean, blue, stringy beef. The whole country around, as well as the city, is one broad waste of ruin and desolation. From Knox ville to Loudon, a distance of 30 miles, scarcely a rail or farming implement is left. The beautiful and fertile estate of the Messrs Lenoir, one of, the finest in East Tennessee, is as bare as the deaert, and those gentlemen themselves have been forced to the alternative of drawing yankee rations or starving. This is a sad picture truly, and we give it for the benefit of those who may think that yan kee exactions are .not much more oppressive than Confederate requirements. Let it be borne iu mind that what is true of Knoxville and the adja cent country now, will be true of every iuch of country upon which the vandal is permitted to plant his foot," Let ' those who are trying to make our people believe that we are being placed under a military despotism by our own authorities, remember what the yankee despotism will be if we fail in estab lishing our independence. The fact is, the surest and only way to secure peace and Sccuriiy for per son and property is to co-operate with our authori ties in driving off the Uwital invader. JJ The officers of Staples' Tennessee Brigade have passed a resolution that, if not reinstated, they will serve in the ranks. That's noble. Instead of resigning: on some point of etiquette, or quarrelling with their supe riors, they are ready- to serve their country, if not as officers, then as privates. A. person who left Portsmouth, Va.. re cently, gives a sad account of the sufferings and oppression of the citizens of that phfte who refuse to humble themselves to Lincoln authority. The Degro soldiers are very insulting to white "people. Not long since, a negro man threw his arms around the neck of a respectable white lady who was passing along the street, and kissed her. She complained to the yankee commander and identi fied the negro, but was told that she could not be heard inasmuch as she had not taken the oath of allegiance. ' . m . : Cotton Cards. We have been informed, that three hundred thousand pairs of cotton jards have been-received by State authorities, for distribution among the people. Let them be circulated as ear ly as possible. It will afford considerable relief to the pressure upon factories and enable ths people to supply themselves with cloth. JSlatcsville Ex press. - Yankee Gunboat Destroyed. It will be recollected that the Wilmington papers a few days ago stated that a violent explosion had been heard 1 1 I. .1 - 11 " .1 T ' 1 uciun iiiav viiy, au iuai it uo juuuujcu iu Uses or the Elder Bush. The elder bush of our country is a great sategua against the devastations of insects. If any one : will notice, it' will be found that insects never touch elder ! The leaves of elder scattered over f cabbage, cucumbers," squashes and other plants, subject to the ravages of insects, effectually shield i them.. The plum and other fruits subject to the ravages of insects, may be saved by placing on the branches, and through the tree bunches of the el : der leaves. j The young ladies of the Southern Female Col lege at Petersburg, recently sent two barrels mo ; lasses to the 12th Virginia Regiment. ' They are the right sort of girls. The whole .of Cheatham's old division, in army of Tennes3ce,.ho3 teinlisted for the war. the ueen caueu uy uie mowing up oi a lanitee gun- , tutjonai impediment in the way of their biing sub boat. Tim supposition is confirmed by late news j jcct tQ njiiiUry service. from the North by which we learn that the vessel I(1 Aprif. 18G2, CV.gress passes the first Con destroyed was the Iron Aye, which had got j gc tion Att ordering to be enrolled all white aground and was blown up by her crew to prevent j maletj bciween the ages of 18 and 35, allowing cer her tailing into our hands. un exeniptionB on account of trades and offices, PRINCIPALS CP SUBSTITUTES. From tEe Raleigh Confederate. h the Act of Covgrcus Conscripting Principals, icho had placed Substitute in the Army, Con stitutional f 1 . . The confident and flippantione with which cer tain editors and their correspondents have decided that the recent Act of Congress, placing the prin cipals of substitutes in the field is clearly unconsti tutional, andthat, too, without "giviig reasons or quoting authority, would be simply amusing were not the results, seemingly aimed at, of so disas trous a character as to demand serious attention. I may be pardoned for opening the discussion of a dry question of law, with the hope satisfying in telligent and patriotic men and disarmiog agitators of one of their irritating questions. I had sup posed the question as yet an open one, and as it is a settled princinle of our law that the validity and constitutionality of laws are to be presumed unless' the contrary manifestly appears that -until some court or respectable legal authority should deny its constitutionality that not even the license of the Press was justified in assumiog it to be uncon stitutional. The law was passed with almost unexampled una nimity by Congress, after much previous enquiry on the very question at issue, and the question has not been adjudicated by any Judge since its pas sage. Is . not this so? "A correspondent of the Raleigh Standard, over the signature 4Publius," asserts that our Supreme CYmit has decided that the act of Congress allowing substitution was a contract ; and from this argues that Congress has no power to pass an act impairing the obligation of a contract. Now, it is denied that our Supreme Court ever decided against the constitutionality of such an act as I am considering, but expressly put their decision (in the matter of Bryan) upon the ground of construction, that by their construction Congress did not intend to conscribe substitutes who were already iu the army or their principals. Both Judge Pearson and Judge Battle waive all other questions and put their decision upon the ground that the conscript law did not apply to or include substitutes. . It is admitted on all hand, that the agreement between the substitute and his principal is. a con tract, but it is one to, which they are the only par ties the Confederate States Government is not a party thereto. Are all contracts between private individuals of sosacred and sovereign a character as to override general laws passed by the legisla ture of the Confederate States by virtue of the constitution "to raise aruiies" for the public de feuce ? If so, "the constitution and the laws of the Confederate States passed in pursuance there of" are not "the supreme law of the land." But 'we are a nation ot "individual "sovereigns. It A employs B to work for him twelve mouths, does this contract of hiring exempt B from the para mount claim that the Confederate States has on hitu.for military service ? Why none will so pre tend. Then it is not Sufficient that the courts should hold that substitution involves a contract; it must be such a contract as Congress is inhibited either by ple'dged faith and constitutional law from violating. - Now I am well aware that the Constitution of the Confederate States prohibits States by- uiiue from "passing any law impairing the obligation' of contracts" and that this is a literal copy of the Constitution of the United. States, and that the Supreme Court of the United States in construing this identical clause of the Omstitution of the.U States have decided "There is ' nothing in the Constitution of the United States which forbids Congress to pass laws violating the obligation, of contracts, though such power is denied po the sev eral States." Evans vs Eaton, Pi ters, C. C R. p. 322. But I don't intend to rest upon this, but shall treat the question as if Congress was expressly in hibited as well as the States from the passage of such acts in other words, subject this act of Con rebS to the test as if it had been passed by a State Legislature. Surely none could ask me to go fur ther. And if it be found such an act as has been approved as constitutional in analagous cases by both the Su-e Court of the United States and of the differenY States, then this cry of "wolf, wolf " will be rated at its true value. Then, is the Confederate States Government a party to the contract "between the hirer of the sub stitute and ths substitute? What has that Gov ernment done to mke it such a jarty? First, prior to the conscription law, the Confederate States makes a requisition on the several Slates for their respective quotas of Koldicrs, aud North Carolina undertook tu raise her proportion iu her own-way; first by volunteering, and failing ia that, by draft ii(.. The. first substitutes were hired in North Carolina' by those. who had been drafted under the State laics, or those who feared so to be draft ed ; and generally for very small sums of money from 00 to S20(T. Now, clearly, Congress bad done nothing so far to involve the Confederate States in the contract. These are the substitute men who have been so conspicuous in habeas cor pus proceedings, and who are so much favoured by the judicial decisions. There Was no act of Con gress of the Confederate States authorizing 6ubsti- j Jujy,, UIltj til the passage of the conscript act. , l ,. a , rhlfi ass ot ulon there is no consti- I V ...... and also allowing others, ex gratia, as a matter of d iavor, to piace auotuer cquaiiy iui semw m . . .' tt i- . their stead, and by so doing to acquire the privi- i lege of exemption under this law. The Act does ' not stipulate for aq exemption for any particular time. It was known to be a repealablc adt; that what Congress had passed for the pnbhc good it could at any time, when satis6ed of its inexpedi- ency or insufficiency, repeal, acting upon the same high considerations. I Now, whether the conscript shall elect to pro- : cure a suosumie or uot, ana wueiuer r.v pwuics him by paying him money, or through favor or affection, as by the son taking the place of his fa ther, or vice r$ra, ia a matter of perfect indiffer ence to the Government. The change does not operate to the benefit of the, Government, and was not so intended, and no consideration moves to tne Government. The conscript is found or confessed by his own act to be fit for service, and when he J Produces a fiuh&titntA trhn eye of the law no more so, what does Government j iiiiuuiK, a uiere cuange in tnc name oi the soldier on the muster roll. Tf th law ha been fairly executed, the army oftener received "an older than a fatter soldier." And there is no agreement made by the Govern ment to exempt the principal for any period of time or under any future law. . I will quote from the case of Bryan, above referred to, the afgumeot of counsel for the petitioner, because it is the most plausible that I have seen on the other side of the question: - "In the view of able lawyers, substitution in Tolves a contract with government; tlfey maintain that the provision that substitusea not liable to duty, might be received for such as were, wi;h a knowledge by the law-maker' that the substitution would be attended with a heavy sacrifice of money, is equivalent to a declaration by the government that those who buy substitutes should be discharg ed from the service for such time as the substitute should be put in." See page 49, Junes' Ilabtus Corjnis Cases.' The able counsel for the petitioner oarefully avoids committing himself personally by the ex pression of any individual opinion on the question, but contents himself with quoting the opinion and reasoning of "abbs lawyers," whose names he with holds. Nay. at the ooiUlusjpn of the argument he makes this pregnant, admission, and by it vir tually gives up the whole question in debate : " I admit a difference between a bargain made between a nation and its citizens, aud a bargain between two nations ; the former may be vfolated in a very urgenUcase, upon making compensation; the latter must be submitted to, if fairly made." See B. F. AJopre's argument, ibid, page 51. Now, as Congress in the preamble to the act in question affirms that it is a very urgent case -and as that is a question for Congress and not the Ju diciary to decide it appears that even the coun sel admit toe constitutional power to pass the law, upon making compensation to tho principal. If an account were stated of the loss and gain in dol lars and cents to the substitute buyer, by reason of his substitution, the amount of profits' would largely exceed the cost of the substitute an4 ex hibit a lean case for sympathy. If the reasoning of the anonymous "able law yers " quoted above be correct, aud a coutract is to be implied iu favor of the substitute hirer, the same forced logic would engraft a like vigorous implication upon every clause of the Exemption Law, and make an exemption once obtained under any law, as irrevocable as the laws of the Medea and Persians. For instance, the Tanner with much more force might urge that the provision that the tanner might be exempt while habitually employed work ing for the public at his trade, "with a knowledge of the law maker that the business of tanning leather upon the terms required by the-law would be attended with a heavy sacrifice of money, is equivalent to a declaration by the government that he who would thus tan leather, should be dis charged from service for such time aa he should be habitually engaged, working for the publio at his trade." The tanner's plea is much the stronger: 1st. On the rcore of the valuable consideration moving to the. government by his acceptance of its proposal. Home-made leather is indispensable to the success of the army, the foreign supply-being cut off 'in a great measure, Government to suit its own necessities, invites skilled labor to invest its capital in this branch of business, and offers the inducement of exemption from service to stimulate an acceptance of its offer Its invitation is-ac-cepted 'r thousands are invested in it and then the exemption act was repealed and the tanner hurried J to the army and none of bis trade left tp work out his etock. " . Then, in the next place, in the matter of pecu niary loss: the tanner is liable to lose his whole capital thus invested. Other tradesman eonld ue the same plea, and thus by forced implication, the Government could be fettered or shorn of its Con stitutional functions and deprived of all further power "to raise armies. This would be-the first instance for bistorv to record of a filo de se by Government. Do the decision of our Courts war rant such violent implications of contract to fetter the hands of the Government? From the opinions of "able lawyers" whose names are not known, I appeal to jurists, "Whom not to kuow, argues yourself unknown." Chief Justice Taney, in Charles Ilivcr Bridge vs. Warren Bridge", 12 Peter s, p. 518, usee this language f "The .continued existence of a Gov. crnment, would be of no great value, if by impli cations and presumptions, it. Was disarmed of the powers necessary to accomplish the ends of its crea tion." . Chief Justice Parsons, in hi? elaborate work on Contracts, 2 vol., p. JjH in treating of the clause in the Constitution in question and as to whit con tracts the States were prohibited from violating, uses tli i language: "We may say it is not intended to apply to pub lic property, to the dischaige. of public duties, to the profession or exercise oi public rights, nor to any changes or qualification in any of these, which the legislature of a State my at any time deem expedient." Chief Justice Pearson, in M dice v. Wil R R. Co., 2d Jones' R, p. 189, usee the- language quo-" ; ted below, which he Quotes and approves, in aitafe vs. .J ait news, 5 .joins, p doio oi wnicn J opinions are in point and conclusive of the whole x question : vWe 8hould hesitate long before bringing our j mafo t0 tne conclusion it was the intention of the i jjegi8iature to take from itself the power of doing j that for wnicri U Governments are organifed ; promoting the general welfare, by adopting such j nccasures as a new state of things might make ne- cessary for the benefit of the public; in other words, it is unreasonable' to suppose an intention to surrender the means by which it may thereafter be able to effect the purpose for which it was erec ted and formed. into a Government." . And this was iu a case where there -eras an ex press grant of a franchise to Benjamin flerron, i At ana a'3n forever, in consideration or. their building a bridge over the North Kaft branch ited from carrying persons, &c , over said Mrran lttun six miles ot1 said brHfsre. and suit brought againftt the Wil. R. R. Co which crosses the river within less than six mites, ami the charter held to be constitutional by the Court ooue dissenting Judge Battle not parlieijt--ting. So in State vs. Mathews, 3d Jones, Chief Jus tice Pearson, after quoting the language above re cited from the last case, says: "It follows, that to establish a contract.' on the part of the Legislature to relinquish any of its powers, plain and unequivocal teordt must be used. For instance, f its charter authorize a bank to lend money and ia silent as to the rate ofinto rest, the general law will fix it, and should the Legislature afterwards make the rate lower, the Corporation aa well aa individuals will be bound." -Then in substitution, it being admitted there ia no express contract by which the Principal ia ex erupt for any stated period of time, ah implied1 eon tract divesting Government of its moot vital func tions, depriving it of its power to wage war and defend thxs community the main end of ita crea tion it is "unreasonable" to presume; nothing "but plain aud unequivocal. worua" can deprive ita successors of their constitutional functions. ' Your space would not allow me to quote other authority, and I fear that in endeavoring to eon- dense, I may have failed to give the full foroe of the authorities quoted. DiLTl. IIov, They Refrom-Little WMt CkilJre in New England. The subjoined extract ia frota a Boston newspaper, detailing the method of reform adopted in the House of Correction tor juveniles in that city : "The girl was flogged for disdienoe and inso lence. The blows were inflicted with a rattan, and the superintendent said, 'I struck her teilh all my mightf 'she would not yield; I sent for a longer stick, aud then she held out her hand . After this beating and this submission-, "she was commit ted to the cell and the food of the solitary, where she remained several days. The welts from the blows were distinctly visible on her .shoulders when the inspectors visited the institution. Ia the course of the investigation, they were inform ed that, in the boys' department, the punishments are sometimes inflicted with an ordinary wagon whip by the superintendent in person." Puritanism is very much the same now aa when it burned witches, bung Quakers, and flogged men for kissing their wives on Souday It is a bigoted, cowardly, cruel and bypocriticallism, and the above narrative is a faithful portraiture of its spirit. We would wager several Mgrcen backs," of Urge denomioatiouaagaint a bad oys ter, that the superintendent who flogged the little girl "with all his might," with a longer stick, and "committed her to the Cell and the food of the soli tary, where she remained several days," and who flogged the little boys with an ordiuary wagon whip, is a descendant of the Pilgrims and a loyal Abolitionist. He baa "shrieked" over the punish ment of oolored brethren in the Sooth, aud grown eloquent in describing their wrongs. Chicago' Times. Sound Doctrine. Governor Letcher, of Vir ginia, expressed the following sentiment in re ference to President Davis, on retiring from the Gubernational Chair of Virginia t "Ho is patriotio and he is honest. If you work in harmony with him, he will achieve"!!) indepen dence of the Confederate States. Hold op bia hands, sustain him in whatever be undertakes for the promotion oi the cause, and aa sore aa yon live you will be triumphant." Few men, perhaps no man in the Confederacy has had a better opportunity for forming au esti mate oi the trne character of the President of the Confederate States than the gentleman whose opinion we have quoted, says the Augusta Chron icle nod Sentioel. Residing in the tame city with biiu for nearly three years, brought into constant intercourse by the necessities of publio business, and exposed at the Mme time to all that jrring which may occur from the friction of State and General Government, if the President possessed any serious dixqualificatiou for h'u responsible post, it must often have been apparent to so intelligent an observer .of character as is Gov. Letcher. When aJW such opportunities for inspectjpn bo uot only makes no complaint, but. pronounces au almoet unqualified eulogy on the President, the people way well repose confidence in their Chief Magistrate.- Charleston Courier. i i .I Founder in Uores A correspondent of the Country Gentleman rays I eud you a recipe, for' founder in horses, whieb I have never seen ia print. I have used and recommended it for fifteen years, and, ao far aa my experience go, it Is a suae aud speedy remed. Take a table-epoooful of pulverised alum, pall the horse's tongue oat of his mouth as 'far a3 possible and throw the alum down bis throat, let go bia toogue aod hold up bia head until h swallow. In six hours time (no matter Low bjd .the louuder) be will be fit for mod erate service. DrrjnriTS of A" Married ' Man'i Life Behold him all the while he is busied about hie daily occupation. his thought are wandering to- I wards the time of goliig "home in the evening, alter this toils ana naigucj oi me cay., lie anowe j that, on his return, .he ahall fiud n affectionate lace-to Wfeioome aim a. warm snag room a bright fire a eleau hearth -the teathinga laid the sofa wheeled round on the rug and, in a few minute after hie entrance, hia wife aitiice Vy Lis j side, consoling him in bts vexations, aiding him ' Sr. ft? nnii t'ir ifiA fntitra nr r.fir r.l!n in Kit i joys, and smiling upon him for the good news he juiy .have brought home: bis children climbing mi ' tho cushion at Jib feet, leaning over his koecS t J eve bis face with iovotw eagerness that thf y mar coaxingly win him. This is the acm uf bappf- ness: Eighteen ear loads of eoffee paieed throng Petersburg" laft week for Gen. Lee'e army. 'Xl& boys will have a good time now.. . TT
The Charlotte Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 9, 1864, edition 1
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