Newspapers / The Charlotte Democrat (Charlotte, … / June 4, 1867, edition 1 / Page 2
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T 11 E WESTERN DEMOCRAT, CH AELOTTE, N. C in the first clause and also to others not named in the first clause that is to officers of the U. S. It is an oath to support the Constitution ot the United States, and it is clearly provided by this clause that, if this oath has been taken by a member of a State Legislature, or by an exec utive or judicial officer of any State, then such person violating that oath and engaging in in surrection shall be disfranchised. 1 here is line obscurity in tneie c .use, - j : hM clause ana room iur doubt whether oisquaiiucauou ur clause would arise in the case of a member of a State Legislature, or any executive or juuiei officer of any State, who had not taken an oath to support the constitution of the United States. 1 incline to the opinion that this oath i9 put as an essential thing, the breach of which, by in surrection against the U. S , violates the trust imposed by it upon the officer; but this clause, so far as the executive or judicial officers tf a State are concerned, doea not enlarge the class subject to disfranchisement. The officer break ing the oath which works disfranchisement must also be a judicial or executive officer of a State, according to the rule hereinbefore established I do not apprehend any practical question will arise here, for, by the Constitution of the United States, this oath is required to be taken by the members of the several State Legislatures and all executive and judicial officers both of tbe U. 8. and of the several State; and in these ten States the same oatb was required as to mem bers of the legislature and tbe executive and judicial officers of the State. This brings me to tbe question : Who is to be considered an officer of the United Stales, within tbe meaning of the clause under con eideration? Here the term officer ia used in its most general sense and without any qualifi cation, as legislative or executive or judicial, and I think, as here used, it was intended to comprehend military as well as civil officers of the United Slates, who had taken tbe prescribed oath, inasmuch, as the violation of the official oath and tbe official tru9t has relation to fealty to tbe United States, which is broken by rebel lion against the United States. The reason is apparent for including ail officers of the United States, and for making the disfranchisement more general and comprehensive as to tbem, etanding as they do in more direct relation and (rust to tbe United States thai: the officers of a State. 1 now come to consider what is the meaning and Bcopo of the disqualification arisiog upon that part of the oath which requires the person to state that be has not engaged in insurrection r rebellion against the United States, or given aid and comfort to the enemies thereof. I must here repeat what has teen said before, that, to work disqualification, two elements must concur: First, holding the desicnated office. State or w O t Federal, accompanied by an oflF.cial oath to sup port the Constitution of the United State?; and, 6econd, engaging in rebellion against the united States, or giviug aid or cornfoit to its enemies. I3oth these must not only coucur, but they must concur in the order of time mentioned hrst the omce and the oath, and, alterwarda, engaging in rebellion or giving aid or comfort. A person who has held an office within the meaning of this law and has taken the official oatb, and who has not; afterwards participated in a rebellion, may very safely take this oatb, and so, too, the person who has fully participated in the rebel lion, but has not prior thereto held an office and taken the official oath, may with equal safety take this oath. My duty here is simply one ot -construction. I do not deem it proper to enter upon any question of the constitutionality of this part of tbe act. Taking it as granted, for the purpose of construction, that Congress has the right' to impose such an oath, it is not only allowable, but imperative, that I keep in view its essential characteristics. It is something more than a legislative act in degradation of an existing right it is, in elLct, a law which takes away an existing right as a consequence of acts done at a prior time, and which at the time they were done eotailcd no such consequence. In the late cases before the Supreme Court of the United States upon the test oath prescribed by an act of Congress to be taken by lawyers, by which the exclusion from the right fo prac tice their profusion was male to arise upon prior participation in the rebellion, tbe Court says : "As tbe oath prescribed cannot be taken by these parties, tbe act as against them oper ates as a legislative decrco of perpetual exclu sion an exclusion from any of tbe professions or any of the ordinary avocations of life for past conduct, can be regarded in no other light than as punishment for such conduct The exaction of the oath is the mode provided for ascertaining the parties upon whom an act is intended to operate, and instead of lessening in caes its objectionable character, all enactments of this kind partake of the nature of bills of pains and penalties." The Court further says : . "The deprivation of any rights, civil or political, pre viously enjoyed, may be a punishment, the cir cumstances attending and the causes ot the deprivation determining this fact." The char acteristics of this clause of the acts are there fore retrospective, penal and punitive. Of course, there can be no question as to tbe rule of construction which is here to be-applied. Those who are expressly brought within its operation cannot be saved from its operation. Where, from tbe generality of terms of descrip tion, or for any other reason, a reasonable doubt arises, that doubt is to be resolved against tbe -operation of the law and in favor of the voter. What acts, then, within the meaning of the Jaw, makes a party guilty of engaging in insur rection or rebellion against the United States, or giving aid or comfort to the enemies thereof? The language here comprehends not only the late rebellion, but every past rebellion or insur rection which hjs happened in the United States. So, too, it comprehends every foreign war in which the United Slates has at any time Deen engaged. I he first part of the sentence covers the case of domestic war existing in tbe form of rebellion or insurrection, whilst the last part applies to foreign war. Tbe words "giving aid and comfort to the enemies of the United States" are the same used in the Constitutional definition of treason, and the enemies there meant must be taken to be foreign enemies. These words, originally fouud in the early eiaiuies oi .cngianu against treason, nave re- agaiost treason, .ceived that settled interpretation in English and American Courts They are used in this act without any qualification and. we give them full pressioos are not sufficient. The person apply fore and application wheo they are made to i '"S for registration is not required to clear himself apply to adherence or giving aid and comfort to foreign enemies. Such an act, as to the breach rv-.u. it . i th rih nr Ant F . .t,c n TV r." " the same policy of disqualification as engaging in rebellion or civil war. A person, therefore, who gave aid and comfort to our enemies in the war with Great liritain in 1812, and in the war with Mexico in 1847, would in that particular come within this clause. In laving down this i r i e - 4 k r " . 3 rule, I do not forget that for certain purposes and in a certain sense, every citizen in tbe rebel States, daring the late rebellion, is to be con - Aidered a public enemy as in respect to the Ha- j siaerea a puuuu cucujj r bility of his property to capture as prize of war, and in respect 10 various uu ww during the rebellion, which as to property, de clare its liability to capture, forfeiture or confis cation, when used in aid of the rebellion. But where ever, in any other than the commonly re ceived acceptance, some qualification or descnp- tion is needed to mane mem uC l linn Vpvfrth eleas. although I am strongly in , J;nk tha the aid and comfort here - tlv be confied ilg UiCUllVHVU " J -i.r.icWrt Iao&i interpretation, l am not quite prepared to say that Congress may not have used it as applicable to the rebellion. I shall, therefore allow it due weignt in toe next inquiry, in giving construction to tne case now to be considered. Wc are now to inquire what is meant by en . in. . gaging in insurrection or reDeition against tne United States. I be torce oi tbe term "to en- gage carries me luea ui auuro raiuei man pas sive conduct, and of voluntary, rather than com pulsory, action. Take as an instance a rebel soldier compelled to service by force of conscrip tion. Take as another instance the case ot a slave, who, by the command of his master, or by military order, has served in the ranks or aided in tbe construction of military works. It would be an abuse of language to hold that in these instances the parties have "engaged" in rebel lion within the meaning of the word, as used in this law; but whilst, in my opinion, a conscript or slave forced into the ranks or other military service is not included, it does not follow that other classes than these, who actually levied war and voluntarily joined the ranks of the rebels, arc to be excluded taking it to be clear that, in the sense of law, persons may havo engaged in rebellion without having actually levied war or taken arms. All those who, in legislative or other official capacities, were engaged in fur therance of a common unlawful purpose, or per sons, who. in tbeir individual capacity, have done any overt act for tho purpose of promoting rebellion, may well be said, in the meaning oi this law, to have engaged in rebellion All persons who, during the rebellion, acted in an official capacity, whose duties of office ne cessarily had relation to the support of the re bellion, such as members of rebel Legislatures, and the rebel Congress, and rebel Conventions, and diplomatic agents of the rebel Confederacy, or such other officials whose duties more espe cially applied to the support of the rebel cause, must be held to come within the terms of ex clusion. Officers in these rebel States who, during the rebellion, discharged official duties not incident to war, but in preservation of order and the administration of law, are not to be coo sidered as thereby engaging in rebellion. The interest of humanity requires such officers for the performance of such official conduct in time of war or insurrection, as well as in time of peace, aud the performance of such duties can never be considered as criminal. I cannot bring myself to the conclusion that Congress could have meant that such purely civil and ne cessary offices involved the incumbent in the guilt of insurrection. Nothing but the most cozeut lancuaee. such as was used in the test oath for lawyers, could manifest such a purpose The Supreme Court, in oonstruinr that test oath and in reference to the clause to which have alluded, uses this language: "The third .clause applies to the seeking, acceptance or ex ereise not only of offices created for. the purpose of more effectually carrying on hostilities, but also of any of these offices which are required in every community, whether in peace or war, for the administration of justice and prcserva tion of order." I fin i no such purpose in the use of any of the terms of tbe act now under consideration. I am accordingly of opinion that holding a simple Judicial office, or other execu tive office, or such public employments as are of a purely civil character, such as county offi ces, municipal offices, and all others, of like na ture, which were not created for the purpose of more effectually carrying on hostilities, and which did not involve the performance of du ties and purposes in furtherance of tbe rebellion, do not, within the meaning of this part of the oath, fix on the incumbent tbe guilt of engaging in the rebellion. So much for official partici pants. I now recur to what amounts to individual par ticipation ia the rebellion. In the attempt to ar rive at classes of persons, or of acts intended to be comprehended m the matter ot engaging in rebellion, we must have due regard to the subject matter. A rebellion which extended over eleven States of the Union, involving more or less mil Iiou8 of their people, continuing for more, than four years, and maintained by a vast military army, which, as to all these people for a time, and as to the most of them during its continuance, excluded them from all protection under the law- tul government, the obligations of all citizens, when thus separated from the corresponding right of protection, and the- breach of that alle giance. are necessarily modified uuder such cir cumstances. Tho obligation is less stringent and a breach of that obligation less reprehensible than in cases of temporary or local insurrection. Nor must we forget that throughout these rebe Spates there were large classes of their popula tion more or less opposed to the rebellious move ment and who were yet more or less necessarily involved in its support. I have already said that me language used in this act, as to participants, carries the idea of voluntary participation, and I am naiisneu mat tne6o considerations, growing ouk or ine nature ot the rebellion, induced Con gress to use the word "engage" ia the sense of voluntary participation. When an insurrection by its construction and power, takes the form o! a de facto government and prescribes and en forces laws over the people within its territory individual rights aud obligation-j undergo modifi cation, and the rightful aud displaced authority, when it again comes into place, must in a mea sure accommodate its action to circumstances and consider many things as rightfully done which. m a mere insurrection, would have no color of legality. This principle- is recognized by all civilized nations, has been especially enforced in England by statute and by the decisiong of Courts as eurly as the reigu of Henry the VII. Obedi ence to the de facto government, established un der an usurping monarch, has been held uot to involve a subject in the guilt of treason to the lawful King. Giving due weight to these well established principles, I proceed with the in quiry. I am of opinion that some direct overt act, done with the intent to further the rebellion, is neces sary to bring the prry within the purview and meaning of this law. Mere sentiments or x- ! 1U OI aisioyauy. j STjoX" th!I i T ye ?v we lok at the last clause of tl Th e meaning of more evident, when I . " n'wuwi m me preserved oath. .i ., e is required to swear that he -wUl faithfullv support the Constitution, and obey the laws of I the United States, and will, xo the best of his j ability, encourage others o to do." This part i of the oal1' is ,,ot explanatory, but promiscuous, I lt lead3 l. the itaTe aud to the past, and the puJpo!!!? w m??f? to,omi as the right to ; vote, the qualification for the right to exerr:A ; office. jjere act9 of commoa Jty lTd charity cannot be considered as involving the party in participation ia the rebellion, jjojjoo, as to forced contributions by the rebel aathori . the COmpclsory payment of taxes in aw Jbe, cause. Voluntary contributions L d in furtherance of the rebellion or subscriptions t the rebel loans, and even organized contributions of food and clothing or necessary supplies, ex cept of a strictly sanitary character, are to be classed with acts which disqualify. The original act contains no provision as to the manner and time for holding elections of dele gates to the Convention, or the ratification of the Constitution framed by that Convention or for other purposes. The first section of the supple mental act provides mat a registration oi voters ehall be made before the first of September, 1667. The fourth and subsequent sections provide for the means by which this registration is to be ef fected. The commanding Ueneral is directed to appoint as many boards of Kegistration as may be necessary, consisting ot three (o) loyal orh cers or persons, to make and complete the regis tration, superintend and make return to him of the votes, the list of voters and of persons elected as delegates by a plurality of votes cast at said election, and, upon receiving tbe returns, he shall upon tbe same, ascertain the persons elected as delegates, according to the returns of the officers who conducted said election, and make procla mation thereof; and if a majority of votes given on that question shall be for a Convention, the commanding General, within 60 daj's from the date of election, shall notify the delegates to as semble in Convention at a time and place to be mentioned in tbe notification, and said Conven tion, when organized, shall proceed to form a Constitution and civil government according to the provisions of this act and the act to which it is supplementary; and when tbe same shall have been so framed, said Constitution shall be sub mitted by the Convention for ratiheatioa to the persons registered upder the provisions of this act, at an election to be conducted by officers appointed or to be appointed by the commanding General as hereinbefore provided, and to be held after the expiration of thirty days from tbe date of notice thereof; to be given by said Convention, aud the return thereof shall be made to th com manding officer of the District." The sixth section provides that all elections in the States mentioned in the said act to provide for the more efficient government of tbe rebel States, shall during the operation of said act be by ballot, and all officers making said registration ot voters, and conducting said elections, fehall be fore entering upon tbe discharge of their du.ies, take and subscribe tbe oath prescribed by the act approved July 2nd, 1862, entitled "an act to )re scribe an oath of office," provided that if any penon shall knowingly, and falsely take any oath, in luis act prescribed, such person so offending, and being thereof duly convicted, shall be subject to the pains, penalties and disabilities which by law are pro'i ded for the punishment of wilful and corrupt per jury. The only oath prescribed by this act are the oa.h 'to be taken by tbe person applying lor registration and tbe oath to be taken by the persons composing the board of . egistration. The duties of the board are, first, to make and complete the registration and to superintend the elections. The first question is as to the duties and powers of the board in making and completing the registration. The first section provides that the commanding General shall cause a registration to be made of the male citizens of tbe United States twenty-one years of age and upwards resident in each county or parish in the state or States included in his District, which registration shall include only those persons who are qualified to vote tor delegates by tbe act aforesaid, and who shall have takeu and subscribed to tbe following oath or affirmation. By this oath, the persons ap plying for registration must swear or affirm to every qualification provided for by tbe original act. Tbe first question which appears here is whether any other oath can be required of the person applying fer registration. Nor can any other oath be ad-, ministered to any other person or persons, touching the qualifications of the applicants, by tbe Board of Registration. The last clause of this first section provides as follows: "Which oath or affirmation may be adarinistered by any registering officer." The oath here referred to is the oath to be taken by tbe person applying for registration. - I have very care fully examined all the pre lions of this act, and I can rind no authority fo. uny other oath to be taken by anyone touching tbe qualifications of tbe appli cant for registration, but only this oath. I am clear ly of opinion that any other oath, touching the qualifications of the .pplicant, would be extra-judicial and without authority, and that forswearing could not be argued as perpetrated upon such un authorized oath, especially as the proviso to the 5th section above quoted, which declare what false swearing shall amount to perjury, is expressly liini ited to the ath in this act prescribed. In arriving at this conclusion I have given due weight to that part of the first section ot the act, which declares that the registration "shall include only those-persons who were qualified to vote for delegates by the act aforesaid, and who shall have taken and subscribed to the following oath or affir mation." If we read these words by themselves, without regard to the above provisions of the act, the impression is made that two things must concur to authorize the registration of the applicant: First, that he actually possesses the qualifications requir ed by the original act, and, second, that he is re quired by this oath to swear to every one of these qualifications, and that no authority is given to enter upon any other inquiry as to his qualifications, or to administer auy other oath to him or any oath to any other person touching his qualifications, and that this oath, aud this oath alone, is coupled with perjury. It is impossible to resist the construction that the oath itself is the sole and only test of the qualifications of the applicant. Where, therefore, a person applies to the board for registration, the power of the board is confined to the administration of the prescribed oath, and if the applicant takes that, his name mast go upon the registry. The board cannot enter upon the inquiry who has sworn truly or falsely. That inquiry must be reserved to tbe Court, which may afterwards have jurisdiction to try him on an indictment for perjury. Next to the duties of the board, after the registra tion is completed, they are to superintend the elecr tion and make return of the votes, list of voters and of the persons elected, to the commanding General. It is ver; clear, from these provisions, that, in su perintending these elections, the duty of the board is to receive the votes of the persons whose names are upon the registration and to reject all other?. There is no provision anywhere to surcharge, or falsify, or to add a single name to the registration, or to erase a single name which appears upon it. HENRY STANBKRY, Attorney General. A Great Surgical Operation. Dr. John son, of Paris, an American, recently performed a difficult operation,. Jn connection with another American physician, upon the person of a Mrs. Booth, also an American, and from Massachu setts. She had a tumor on tbe bowels which weighed forty pounds. It had absorbed all the strength of the patient, so deforming her that her ribs were distended to a monstrous size. She was told that she might live a few years if she declined the op, .ttion; but that if she accepted it she had a barely possible show of surviving. "Then," said she "let it bo done." After admin istering chloroform to the patient, her abdomen was laid open with the knife and the bowels taken out. Then a probe with a valve in it was reached up to the tumor, and through the hollow tube of the probe the parasite made to discharge. It was found to be a cellular tumor, with thirty odd cells in it, and each cell had to be opened. When the operation was done, and tbe abdomen sewed up, the subject had declined in weight from one hundred and thirty to ninety pounds. She was living at last accounts, in good spirits. A fight occurred at Danville, Va be- twecn the colored members of tbe United States Burial Corps and the negroes of Danville. Bricks and pistols were freely used. The Burial Corps were driven out of town. Two men were woanded, one on cac.h side. STATE NEWS. Distilleries Seized. Collector Crane, of the fifth North Carolina district, reports that during the past week be has seized twenty dis tilleries engaged in tbe illicit manufacture of whisky and apple brandy. Raleigh Progress. OCT The Superintendent of the N. C. Railroad gives notice that visitors to the University and Trinity College Commencements will be trans ported lor one fare, if tickets are purchased. Murder in Wilkes County. Two bro thers, named Sinclair, (or Sinkler,). fell out in -settlement, about a dollar and fifty cents, claimed by both parties. They separated with threats of death. A short time afterwards one of them deliberately shot the other, killing him dead. Baptist Convention. The Baptist State Convention, which was in session here four days of the week before last, adjourned on Sunday night last to meet in Goldsboro' on Wednesday before the third Sunday in October next. Two sessions will then have been held during the present year Tbe change of the time of holding the Con vention was made by reason of the inconvenience which delegates, especially those of them who are farmers, are subjected to in attending in the Spring season. Wilmington Journal. ;r tST We had the pleasure of a visit, on yes terday, from our friend Peter M. Hale, Esq., of the firm of E. J. Hale & Son, New York. We are gatified to learn that the firm is doing a suc cessful business. It certainly has every claim upon Southern patronage. Raleigh Sentinel. Lusus Nature. We have been informed there is a woman living near this place, now about forty years old, by the name of Hester I Massy, who has neither arms or legs. Her body is perfect, and appears as symetrical in form as that wifh all tbe natural members attached.- She enjoys perfect health can sit on a chair, and by a shuffling motion, moves from one por tion ot the room to another. We bave not seen this specimen of the freaks of nature, but our information is derived from undoubted authori ty. Asheville News. in military uustody. We learn that a Mr Burkhead, nephew of Elder Burkhead, of the Methodist Church, a divine well known in this community, was brought to this city in irons from South Carolina, having been tried by a Military Commission in that State for par- tieipation in some disturbance. His sentence was not read to him until his arrival here, when it was divulged that he was to bo conGned in Forj Macon at hard labor for seven years. numingion uispatcn. ty Edward Eager, a colored man of Wil miogton, was ordained to preach, by the Baptist at ate Convention ot rtiorth Carolina. NEWS ITEMS. Capture or Maximilian. A letter from the Ameiican Consul at Monterey confirms the capture of Maximilian. In the reply of Presi dent Juarez to Minister Campbell he recounts the grievances of his party at the conduct of Maximilian; justifies the previous executions, and declines to promise the safety of Maximilian in the event of bis capture. , Montreal, May 28. Hon. Jefferson Davis remains so secluded that no one has seen him to identify him on the street. ! - - JST The Southern Baptist convention, at its last session, named Saturday before tbe fourth O J " T r ounuay in June as a day ot general prayer and humiliation throughout the southern church. Capt. J. N. Maffitt.- We are pleased to announce that this distinguished gentleman and eminent officer has returned to the United States. He has recently been in the service of the Brazilian Government, but feeling that he might securely return to America, has resigned bis commission and is now in Washington. : Colored Jurors. In Houston, Texas, the other day, in empanncling a jury, a very large number of tbe frecdmen of the city said frankly that they, being Southern men, could not take the oath required by General Griffin's orders. The presiding judge, however, told them that tzrey were not citizens until isbb, and any act prior to that of hostility, voluntary or involun tary, would not disqualify them. President Johnson as a God-father. The pastor of the Evangelical church at New Ilolstcirr, Wisconsin, writes the President as follows : "A member of the church over which 1 preside as pastor has requested me to direc bis humble petition to your Excellency, the granting of which would fill bis heart with un Utterablc joy and everlasting gratitude. Furgen lheede, a respectable German citizen, and for -. 1 C il i f T T I uieijjr ui ine iowd oi mew uoistein, is so blessed by an Almighty Providence, that in a most Iiappy union with his wife, Emilie Nee V 1 . vum, eeu eariy coys were Dorn to tnem in uninterrupted succession, as follows : 1st, Johann ilbelm Theede, born October 24tb, 1859: 2d iuicnaei rriearicn lneeue, born January eth .1M1; 3d, Haonan, born March 29th, 1862 4th, xiemncb, born May 14th, 1863; 5th, Fur gep, born September 17th, 1864; 6th. Gustav born January. 10th, 1866; 7th and last, born luarcn oin, ioo'. As now in the old countrv from which be emigrated to tbe United States Tt is a time-honored custom that the sovereign ruler of the country allows his name to be en tered on the baptismal register as sponsor to the seventh boy born in uninterrupted succession in tbe same family, Mr Theede, in his love and confidence to the President of his new Father land, makes bold to petition your Excellency to kindly take upon you this Christian duty, and allow your name to be entered upon said register as one ol tne sponsors of tbe newlv born baby. The President has consented that his name shal be recorded as sponsor as requested. ' The Dogs. The cost of subsisting tbe dogs in tbe United States is estimated at fifty mil lions of dollars. In addition to this expense, it is calculated that the loss incurred by their sheep-killing propensities, amounts to two mil lion six hundred thousand dollars. In 1866 five hundred thousand sheep were killed, whose value was two million dollars. And the num ber injuiad was three hundred thousand, atd the loss by the injuries sustained, is estimated at six hundred thousand dollars. In 1863 the cost of dog keeping is rated at ten dollars each This is less than one cent a meal, it is said, which is not an extravagant allowance. And the number in the United States is estimated at aeven million. The aggregate cost of maihtain- ing the dogs, therefore, reaches to quite aston- isbing proportions a very large amount of which might very well be lopped off by killing many of those which, in the cities, make night JbjdQs. . From the Salisbury North State. JOHN W. THOMAS VS. MARCH. AIM U HAMPTON. As the above case attracted a great deal of attention, from tbe novel'y of a military arrest and imprisonment in a purely civil case coming fully within the perview ot the laws oi tne state, and as many erroneous opinions have been ex- pressed on tbe subject, we ieei it our uuiy, counsel for tbe defendants, to make a statement of the facts in the case. The Plaintiff made complaint before His Ex cellency, Maj Gen. Sickles, Military Governor, that March and Hampton had embezzled o,- 000 of specie from the Bank of Lexingtoo, that they were insolvent and that Hampton was pre paring to leave tbe State with tbe ill-gotten spoils. Upon which Gen. Sickles issued an or- der tor their arrest and imprisonment, until tne specie should be surrendered. The defendants were arrested and confined in prison in Greens boro, without a. demand made for tbe payment of the money and without an opportunity .for tbem to enow cause why they should not be imprisoned. At this tage of tbe case, Messrs. March & Hampton applied to us as Attorneys to extri cate them from their imprisonment, they being entirely ignorant of tbe nature of the case and the charges against them. We at once entered upon the preparation of their defence, but had to grope in the dark until we went to Charles ton and obtained from Gen. Sickles an order permitting us to inspect the statements and evi dence against them. After obtaining this or der for the inspection of papers we very shortly prepared the answer of our clients based upon the most incontrovertible proof of disinterested witnesses, showing that about the 1st of Jan uary, 1866, the defendant Hampton presented a note with ample sureties for $23,000 at a meet ing of the Directors of the Bank of Lexington, five out of seven of the Directors being present. when by a unanimous vote of all the Directors present, the Cashier was ordered to discount tho note, which was done, tbe defendant March being one of Hampton's sureties. Three of the Directors who were present when the note of a Hampton's was ordered to be discounted have made oath that the note was then amply secured and is still good, and so far as they are aware, no fraud was practised or intended against the said Bank and that March and Hampton are now men of large estate, amply able to pay all their liabilities. During tbe imprisonment of our clients a new note was prepared in renewal of the original, which bad not been renewed owing to tbe fail ure of tbe directors to meet. Upon this proof, and the execution ot a new note in renewal, an application was made to Gen. Sickles for their release, which was granted, having been sent by him through the telegraph; and a'tter an unhap py imprisonment of seventeen days, during which time their families were well nigh frantic, they were discharged after having done noth- ing but renew the note, which they would cheer fully bave done at any time if tbey had been re quested so to do. We cannot close this communication without stating that Maj. Worth, who had charge of our clients during their imprisonment, and the offi cers at his Head Quarters, treated them with every kindness and attention consistent with their position as prisoners, and are 'entitled to the gratitude of all tbe friends of the unfortunate men whom they had in charge. There is a long history of personal animosity and strife between Thomas and our clients, which we do not desire to mention, as it is in no way connected with this transaction except so far as to show the spirit that animated this prosecution. Suffice it to say, our clients have nothing to fear from a full exposition of the whole transaction. Blackmer & McCorkle. SECOND GRAND OPENING OF SPRING AND SUMMER GOODS, at Brem, JJrown & Co's DRY GOODS STORE. We are receiving our Second Stock of new Goods Our goods were bought at tbe most favorable time, &3 there baa been a great decline in goods in the last few weeks, which will enable us to sell goods cheaper than those houses who are selling at cost. and in addition we have a new and desirable stock of fresh goods. To Wholesale cash buyers we will offer GREAT INDUCEMENTS. All we ask is an examination or our goods and prices,, as we are satisfied we can sell goods for less than they can be bought elsewhere in this market We have the most desirable and 'the largest stock we bave had any time since we have been in busi ness. Give U3 a call berore buying. BREM, BROWN & CO. GOOD CALICOES, Warranted fast colors, at 1 2 j cents per yard. Good yard wide Bleached and Brown Shirting at 12J cents per yard. May 27, 1867 2w BREM, BROWN & CO. Medical Notice. DR. J. M. MILLER and DR. J. B. JONES have formed a copartnership for the practice of Medicine and Surgery. Dr. Jones will attend to patients during the disability ot Dr. Miller. Charlotte, May 27, 1867. , NORTH - CAROLINA "Military and Poljtecnic Academy A Great School of Mathematical and Physical Sciences together with Languages, Literature, Political Eeon omy, $c. The 2d Session of the 9th Academic year begins July ist, 1667. Diplomas conferred upon graduates in the Regular course. A Special Course of Engineering, Architecture and Drawing is offered to those who wish to qualify themselves for Surveyors, Civil Engineers, Ac, which they may follow throughout, or in part, to the exclusion of studies unnecessary to their purpose. A Commercial Course given to those who wish to prepare themselves for business life. No Military duties except enough drill for healthy exercise. Expenses moderate, location healthy. For Circulars containing full particulars address, Gen'l R. E. COLSTON, Supt. May 27, 18G7 6w Hillsborough, N. C. FOREIGN EXCHANGE. We are now prepared to draw directly on Eng land, Ireland and Scotland; on all the principal cities in France, Germany, Italy, Spain, Portugal, Russia ar.d Poland, and on tbe prominent places in the Orient and Sooth America. NORTHERN EXCHANGE. Exchange on the North furnished at par. DEPOSITS. Specie and Currency received on deposit, and six and eight per cent interest allowed. Gold and Silver Coin, Bullion and Southern Bank Notes bought and sold at a very small margin. Refer to Brem, Brown & Co , Dr. E. Nye Hutchi son, Ex-Gov. Z. B. Vance, Charlotte, and Jesse H. Lindsay. Esq. Greensboro, N. C. BRENIZER, KELLOGG k PETERS, Trade Street, Springs' Building, ay tf9 187. Charlotte, N. O. Creditable to both Parties. We learo that when the raid upon Salisbury was made by Gen. Stoneman's cavalry, in April, 1865 Gen. Palmer rode up to the house of Jacob Fraley, Esq , and seeing that gentleman, accost. ed him thus: "Well, sir, what nave you been? a good Union man, and all that?" Mr Fraley is a soft speaking man, and he con. fidently expected, as he looked on the blue coats swarming around bim, that every thing he had would be swept away; but he promptly replied: "No, sir; I was an original secessionist; I vru a tax assessor for the Confederate government and bave done all I could in support of tha cause." The General perceiving that it was an honest declaration without vain glorious boasting, re sponded "Well, by , you are the first honest man I have seen lately. And turning to his men, said, "Boys, surround this man's house and protect his property. Tbe order was obeyed, and not a single article was taken. Salisbury Banner. .- Mrs. Downing's beautiful poem, "Memorial Flowers," has been arranged as a song or duet and set to music in New Orleans. The musio is by M. Coote, and is dedicated to the memory ot "Uur ueaa tieroes. - GRO CE RIES hammond & Mclaughlin Have just received a Urge assortment of Groceries, which they offer for sale at reduced prices. Their Stock consists, in part, of the following articles 40 Sacks prime Rio Coffee, 30 Barrels Sugar all grades, 5 Hogsheads Sugar yellow, 25 Barrels Molasses Assorted.gradcs, 5 Hogsheads Molasses Cuba, 10 Barrels Potomac Shad, 10 Half Barrels Potomac Shad, 10 Quarter Barrels Potomac Shad, 10 Half " Family Mackerel, 10 Quarter 40 Kits, No. 1 and 2, " 100 Sacks Liverpool Salt, 50 Boxes fine English Dairy Cheesa, 50 " Adamantine Candles, 50 " assorteJ Stick Candy, 25 " Layer Raisins, Fine Lot of Bacon N. C. and Western, " " Flour, Corn and Corn Meal, Codfish and Irish Potatoes, Hemlock Leather, Iron and Nails al! sires, Bale Yarn and Shirting, Fresh Cove Oysters, Sardines and Pickles, Sauces, Flavoring Extracts, Soda Crackers, Ae. And every other article usually found in a Gro cery and Prevision Store. We invite the attention of country merchants and others to our stock, and solicit an examination. HAMMOND A McLAUGIlLl.S. May 27, 1867 tf Cleaveland Mineral Springs i (FORMERLY WILSON'S.) These celebrated SPRINGS are situated in Cleave land county, North Carolina, near the line of the Wilmington, Charlotte & Rutherford Railroad, 55 miles West of Charlotte, and will be open by lL 15th of June for the accommodation of visitors. The waters consist of White and Red Sulpbnr and Chalybeate, and are pronounced by competent judges to. be unsurpassed by any of tbe kind upon this Continent. Ample accommodations have been provided for a large number of guests. Doctor Taylor (one of the Proprietors) has bad a large experience in the treatment of diseases inci dent to our Southern climate, (especially those of women and children,) and will take pleasure in ad vising invalids in the use of ih waters. Vehicles will be at ihe Depot on arrival of the trains to take visitors to the Springs at modrruts charges. For. other particulars, address the Pro prietors at Shelby, Cleaveland county, N. C. C. E SPRATTt M. B. TAYLOR, ' JNO. J. BLACKWOOD, May 27, 18C7 tf Proprie.ori. State of North Carolina. GOO REWAKD. A Proclamation Ly His Excellency, Jonathan Worth, Governor of North Carolina. Whereas, It has been represented to me that JOHN BRINKLEY, (or Brinkle,) and RUFUS SHARP, late of tbe County of Lenoir in said 6tate, stand charged with the murder of one Coslin, late of said County and State, and that said Brioklry and Sharp are now fugitives from justice. Now, therefore, in order that said Brinkley snd Sharp may be arrested and brought to justice for the said alleged murder, I, Jonathan Worlh, Gov ernor of said State, do issue this my proclamation offering tbe reward of Six Hundred Dollars for their apprehension and delivery to tbe Sheriff of Lenoir county, or three hundred dollars for tbe apprehen sion and delivery of either of them to said Sheriff. In Witness Whereof, His Excellency, Jonathan Worth, Governor of said State, has hereto set his hand and caused the Great Seal of the Slate to be affixed. Done at the city of Raleigh, this the 14th day of May, A. D., 18U7. By the Governor, JONATHAN WORTH. Wm. H. Bagley, Private Secretary. DESCRIPTION: . John Brinkley is about 22 years old, about 6 feet 1 or 2 inches high, light complexion, dark hair and eyes lost two fingers off left hand, and one of same hand crooked from being broken slight scar ia palm of same hand, also scar on upper lip, which may be concealed by a moustache one front tooth gone a desperate man of unusual strength. Said Brinkley's former P. O., Fulton, Dune co., N. C. Rufus Sharp is about 18 or 20 years old, about 5 feet 8 inches high, heavy built, dark hair, florid complexion, scarcely any beard, round shouldered, rather slow in his movements, and when excited ii rather inclined to stammer. Said Sharp was bora in Mecklenburg county, N. C. May 27, 187 1m THE NEW HOOK STORE Has just received a large sopplr of Standard, Mis cellaneous and School Books, of which ibe follow ing forms a part : SCHOOL BOOKS. Davies' Primary, Old and New, University Lependre Arithmetic; Divies New Elementary Algebra; Bullion's Ca;sar and English Grammar; Emerson's Arithmetic, 1st and 2d part; McGuffey'e Reader, 1st and 2d. MISCELLANEOUS. Surry of Eagle's Nest ; Four Years in the Saddlej The McDonald', or The Ashes of Sonthern Homes; Every Man bis own Lawyer, (New Edition) ; Fred erick tbe Great and his Family; Frederick tbe Great and bis Court ; Frederick the Great and his Friends; Merchants of Berlin; Freemason's Monitors. HISTORICAL. A Child's History of Rome ; a Child's nitory of Greece; History of Henry the Fourth, of Pyrrhus, of Richard the First, of Richard the Second, of Queen Elizabeth of England ; Library of Famous Generals Jackson, Taylor, Lafayette, Napoleon and Marion ; Library of Eminent Statesmen Benjamia Franklin, Henry Claj, Daniel Webster and WillUm Penn ; Last Ninetv Days of tbe War (by Spencer); Last Year ef Ihe War (by Jnbal Early); The Story of the Great March ; Rtbel Rhymes ; Life of George Washington ; Noble Deeds ef Women. POETICAL. Campbell's, Crabbe'a, Goldsmith's, Pope's. Vnt gomery'j, Mary Howitt'a and Eliza Cook s Poetic" Works. HUGH MILLER'S WORKS. Cruise of the Betsey; Tales and Sketches; J,isc'j laneous Essays; Schools and Schoolmasters; Hea ship of Christ. NOVELS. . , , A large and well selected supply. Miss Autn Novels; the Arabian Nights; tbe Works of h3gr A. Poe. Also, Godey'a Ladies' Book for J Maj 27, 1867. . TJDDV B0'
The Charlotte Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
June 4, 1867, edition 1
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