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"Be frqc fo 60S, fo )joir fioiwfhi, fo jjoqi- Dqfij."
CHAR.LOTTE, UNT. C, A.TJGUST X4, 18SS
'- v-' - -r. - - '--
-"... THOfllAS J. HOLTON,
"KniTOR k Proprietor.
, it, .TERMS: .:
The N or t h 'a rtl ii a VVhij; will be afforded lo null,
rriorra .il TWO l"'1! (.AitS in advance; TWO
l)!jI.LAUS S I riVVf COTS if p.yinenl be
jihrci' for three month"; mil TIIIIKE IX I.I.A US
,,l 1 1 1 wld of tlio year. No puper will Ue diacon.
t'liucd unlit arrearages are paid, txccpl at tliv
oplmu ol til Editor. , ,
,Vderliaemcnts iua rled il Out Dollar per square
(Id i,inir ki(llii tyyc) for the Aral hue.
tun and J.l eenla for .aeh continuance. Court ad.
Tcrii'en' u "'" i
.1 - . . - I V ..,' t- I ..I. . . .1 ' I . .
kti aruoe " pi -.., iti "J
the year. AnTortiaetiienU inanrli d inoiituiy or
quarterly, at fl per Mjnurv fur entli tim. rseuli.
iii'Mil'iix '' e"i'' per njttnrs for eaeli tije. )
JJ IVilinaaUra'arc autlioriied to act aa pt-ii t.
A lnltiM lilt an mind.r irar.tn
ioa wauurriiia; umaum iurj hci
1 . i .. :. i T....l .
, n- " S c .
i A' aielunr 111 evit..:rf brevu i
I Ami a fcl f fjui-T dry ff"''.
Wbna naluni I canunt dtiine.
t Ar wuuiy auu ufiiiy iiipiiig
i About that a-'ilil' old line.
i At Ilia iwrli.r wiiidoir aa ;
1 An4 i ratdar eMiluue, if yoo tried it.
Vwu'd hud ahti .1 ht into tlieiu note;
l-'a uttly a Ji.!f ! ngtti it turr,
rrtrrah.ir1f.nptt b-tow ttti brvait,
ll'ii Umi dry jHKia ohirn djnr in the tight rope,
(.lul youdui, jual make up tUe rot.
.So dr.-aniliVo mnia o penile.
Voa'd lluna Ui-r l v f.uiu lur earth ,
Ai J I fi'I tit'ta h.licr ajiint
la hin-hin vulvar iiiij ih.
T" ita irorldly hi.ui' by Jinpn!
Wnat a flouriah that mualio throwa,
And lo uticniniHuiiiy t pt-r
T.iuae atuekiiij u oif at the tor.
ilrm t HVe h- whm M'a h'lfat
ly hr! Iiae ii u lil m ilhi ut atJia !
0 mualin an( but! 1 tjn'l help it 1
a 1 If "
J 'I : u! r ji.n
i yl i..m'-lnn
X, (i. II tinw my Inui.i.t. ur " lhar '
.ia ia ti(' ta lit irf ' ,
rw or clle toitloind it
' a I it lllijrrt up
up llie aham and ihc rel.
1 And thnturii aome confuaion arnuud il.
el i-a ! you're the note old aiiiieiico
Willi Ina port, the liiulf. or the brick I
V"u go up with a ruait like a rock.-t,
H il c an down tit l( like a anck.
And let thmifhla be l"fty er lowly.
rial'intck, ar Ifa-li. 1 opme
Ta.t ti.ty all. l.ka nc dry g .d. aud .tocktngi,
U'..Otl W till: ICrf llHlt' llllttl I
THE BLACKSMITH'S Till L.
SCENE IM A WSTEItM COURT.
BY AtTI."C. IltllDI'.K.
In the fall of I" ID, I wi traveling iu the ,it! Jord in and Iligler went in pursuit (if
Wist on business. I left tiio Mississippi ilf. murdeivr. They put the hois.-s to tin;
ncaiiiboft at Columbia, Keutucky, having top of thi-.'; , peed, and in half an hour they
inde un my mind to travel uy land as far onrtool; (ne piisoner, wL'.m Uigh-r at oive
M'jl.lc iiburgh county, where I should strike pointed out as the man. Jordan hailed the
the Uiccd liver far enough northward to young blacksmith and found him nervous
take one of the small Bat boula fur the Ohio. fcl excited. He (I e i asked him if he bad
bile sue eveuiug I arrived at the town eeu Hampton, and Adams iplb d in thi
ol M , intending to take the stage from affirmalive, but be spoke in a very stran-e
there on the next morning The bar room winner. After some rxp.tulation, the pris-
of Ilia tavern was crowded with people, and oner accompanied .Ionian to M , and
1 mticcd that large numbers pf the citizeus there be was placed in the Inn. la of the
were collected about the street corners, an- sin-riff j and upon i-xaiuining bis peren, Mr.
piriii( to bo diseuaiing tome matler of
morn than usual interest. thousand dollars, was found upon bun, an 1 uu.d that when lie reached the bluff
Of course I became curioua to know the his hands were all covered with blood. nn t1(J i(,t ,,f (,0 disaster, ho discovered
cue of all this, and at the first favorable At this juncture, the exi iteiiieut in the lit- that his pocket book waa gone. He slopped
eppo..,iiity I ,ked the. questiou of the tlecourtroouiWasiiiteii.se. 'Ihe crowded bi- horse and w as trying ti think where he
laudlord, lie paled at me a moment in si- rnas swayed to and fro like wind swept could have lost it, when some one came up
lance, be pat me to understand that a most raiu murmurs broke (he sanelily of the from the road-side. He bad just time to
dreadful thing Lad happened; but befoie pUce murmurs loud and deep; audit was sea that it was Henry Hitler, when ho re
he had explained to me what il was, he was B f0 w minutes before anything like order ceiveu a blow upon the head from a club
tailed a ay to attend to other bu-iuess. ! WM ri-tored. ! that knocked him from his hose. Then he
1 soou found however, that the " dreadful At leuglh Henry Higler w as called upon felt a sharp, stinging, burning pain in his
tUiun " ' iLc subject of conversation all the stand. Ho was kimwu by most of the bosom, and with a momentary starting of
around me ; and by aituplv listening 1 pained people of M , and though uolhing posi-, the muscles ho opened his eyes, lie saw
n bright into the mystery. It seemed that live was known ngainst him of a criminal , (hat Higler was stooping over him and ran-
there was to be a trial for murder there ou nature, yet he was known to be a reckless, 1 gaekinz his pockets. He could remember
tlw next day, aud that the criminal was a waudering fellow, eomelimes trading iu of hearing the dUtant gallop of a horse that
joung black-milli, who bad been boru and fclavea, and sometimes dealing in horses, and he thought that he was dragged to the road-
biuught Up iu the towu, and who, until tho sometimes d ii ving a flat boat dow u the M issis. s,, m,d alter that be could remember
pieaeiit time, bad Lome a character above aippi. Ha stopped epon tho witnesses' stand , notblnn till be woke in bis own house, and
reproach. , with a complaisant bow, and he gave his , found the doctor by his bed-side.
1 endeavored to find out the particulars, testimony clearly and distinctly. l-'or a little while longer tho multitude
but I could ascertaiu little upou which to Ho said he was coming down the road , had to restraiu thcinseUes. I remember
depend, for different people gave different toward M , on foot, and when near the 'that tho judge said something to the jury,
accounts, and all who kuew anything of the bluff ho heard the sound of a struggle, ac-1 aud that the jury whispered together lor a
mailer were too much excited to speak companied by loud groans and entreaties. ' moment. Then the prisoner stood up onco
calmly. Th murder bad transpired only Ho sprang forward, aud arrived in season i more and the foreman of tho jury said
. ... ' ., i . . .i...: ....i i. .i.n l ' .. v . . -i...
about t Week belure, anil conacqUCUlly llie
ieut was fresh in the miaJs of the people,
The only facts that came to n,c, upon
"b'ch I could rely were that a iniddle-a-cd
nan, named Matthew Hampton, had been
marder..rf ,..h.,l .n,l il.,.t Al.del Vd.
'". the vountf llaeksmith. had been ar-
rested for the crime, and would be tried on
! morrow. .Some said that the murdered
'.'s monev. to the amount of over two
Ihoaaan-J dollars, had been found upon the
join,,. ,. on. but others denied this
nio ii.. i., i-... i i ii i.:, t. ......
Ill 1 III. I 1 C w,q DC UIDU I ' . nil Ilia 1 " II'
men, aud but lew ol tlicm could believe
invthin of the reports that bad crept into
As 1 was in no particular haste, I resolved
to remain in M until the trial came off;
''' I went and erased my uame from the
Hide book, where I had iilaced it, and theu
ulornied my host of Iny determination.
On the following morning, at an early
hour, the people began lo Hock toward
he court Louse, aud I kavr that if I
w"nld secure a flat I must join iu the
cr"wd. 1 did , and at length found my
''If within tho building, and, as pood for
tune would Lave it, I mode a stana near
J the prisoner's box. Ten o'clock wan the
hour fixed for opening tbc court, and be-'that uftcr Mr. Hampton bad paid him
fore that tin e every conceivable standing for shoeing tho horse, he went to the
place outside the dock was filled. Staging sink after a drink of water, und that he
were erectod outside the windows, and these, must Lave dropped the book. Tho youDg
too, were crowded. , blacksmith's first idea, he said, wan to keep
At the appointed time the Court cnino in, the Lo.k until Mr. Hampton came back,
and the prisoner was conducted to the box. , but upon a second thought, he resolved to
Said prisoner was not more than fivo and saddle his horse uud overtake him, and re
tvventy years of age. lie possesncd one of store the money. Accordingly he net off,
tho moat pleasing countenances I ever saw. and w hen ho reached the bluff, bis horse
It wus one of those bold, frai.k faces, full skipped, and began to rear and suort. He
of courage and pood nature ju-t such au discovered something lying iu the roadside,
olio as is unbeiitalingly taken as the index and upon di.-Oiouuting and poing to it he
. 1 lie
lg B pure ana irctieipus soul. 110 Was a
l(out s)ld atllti0 , nnJ csrriuj lU.
..!, .i - ....i..U .1
I'UllM VfllJ fllVSlllUg MldVeil IU ilie COUIHJ.
I thought wifbinVsryself, this;' no
murderer. And jet wo know nut lo what
extremities a man may sometimes be driven
Young Adams wns quite .al?, and liis net ! -er
lip quivered as lie found the pate of tin:
multitude fixed upon him ; hut Lis eye was
bright and qukk, tut not defiant, jet bold
and hopeful in its deep blue light.
The trial commenced. The indictment
was clear and distinct, setting forth the fact
that the priooticr, Abdcl Adams "did, v.ith
malice uforethought," kill, ic, on such a
day, one Matthew Hampton in the fmt
place by striking him on the head with i U'ccliaractcr ol bigler, but he could not re
some very blunt weapon and in the second J fut'" tlje testimony giveu in.
place by stabbing him in the breast, Ac. 'heu the judge came to charge the jury,
To all, the prisouer plead "not guilt." 1 1)0 fl'oli! of 11,0 t-,''"''ny against thepiis-l-'rom
the testimony called up, I learned the 01il'r a.,n' of tllc corroborative ciicum iaoc
t'ullowing facts : tia- With regard to the prisoner's story, he
Near sundown, one afternoon, about isaid it was very much like the truth, but
week previous, Matthew Hampton stopped ' ,le B0U'J 'a-ll.e jury remeiuber Low easily
at the thop of the pri,om r to pt bis horse ! !,uc1' ft0""''-s could In made,
shod. This Hampton was a wealthy farmer,! It was long alter dark when the jury re
am! hit estate lay on the sniilmaid in ar ' lirtJ to "ialie UP t,lu verdict, 'i'hey were
the Tennessee line, and only about fifty ! "Ji'C Lalf au hour, and when they returned
miles distaut. from M . lie was known ' 'oremau sjiowed by the very hue of his
to have om two thonsa.id dollars with him countenance (hat the verdict was fatal ! All
at the time money which he had received ':iW 'l auJ I c0lJ'J 'lt;ar throbbing of
ut Columbia for corn. It was nearly lu,k ' lll"Jre(I hearts that beat about me.
when he started from the pi i-oner's shop.' " l ntlemeii of the juiy, have yju made
lie took out hil pocket book t ) pay for the ; a verdict
job of shoeing hi burse. Thi he did with-1 ''behave."
ill the shop and to persona were tmw pros-
el.t who testitied. lo that f.iel, and also that.
when the pocket but w an opeiinl, a lar.-e
'bunch of bunk liotia unused. About
(au hour after H.ueMoii i.-it. I be .oi..,i..r
icauie out of his rbop and went to hi slai.ie, ,
land bauug saddled his ti.et.st Lcise, he
mounted and hUrL.d oil, at foil gallop, iu
'the direction wlich Ilami tou had takeu.
I . . . t t
.Noil eama tuo iiiip,si.n. " .Mr. nniiln
land Mr. Jordan, both ol tliem re-peclaiilo
Cllizeus CI .'1, Wlio le-t.Ueil as loilons;
i They Lad been to the edgo of Tennessee,
lou business, auj were returiiii.p boiin. At
I about tiliir o clock, on the eveniiiL' in tho
l road where a high blut) overlooked the
way ; and vvbtle paain tLi lliry were tstar-!
i tied Ly sei in something iu the moonlight
i that looked like a man, Thev at once ili-
u,outlt,.d ,a toiluJ (bat what I hey had
.11 i M . i.
,'eU W1" "0,i' ( 'alluew 1 1 1 m pltill,
lad gore-covered uud lieeding. 1 hey had
; not been there more than a minute, when i
Illuy were joined by a third man, v. ho sail
that he had seen liie iioii.I,t iri.ml --J,
that the murderer had tl. d toward M .
j .Simple and Jordan W reeo;.ii l this
f uew comer a I! -nry Higler, and though
I bis charaetrr was bv no n,. .n; of the most
exempli.ry kind, yet that una no time for
1 discussion. 'I I e I ?dv of II in-j t in was still
. warm, so tha the murderer could tiot have
l!i;b-r ba I no tinrsi-
Mr. Niniilii ajreed to rt ni aiu bv the body
Mr. Hampton a pocket book, containing two
lO ace me pnaouer leap into ins aituoie mm
ride off. The moon as shining nt the time,
so l' "'!'' be mistaken. As soon as
i'"""1 l,,nt Mr laml'tou " " "c ur"
IJ. ",ar' lo F" a,""r
The murdered mans nor-? fled tow aids
home, so he could gain no assistance in that
He had not oono f.(r, however, when
" '" 0
twrfiiiig to Ihc slope be found Nn,r.e and
I I!,F1,,r cross q iesli m
d very severe-
lv. but his testimony wa
tiot to be flawed.
lie was explicit in al! his statements' and
at the same time he professed to feel a deep
regret that he was called upon to testily
agniust a man for whom he felt so much
respect as ho did fur the prisoner.
At length young Adams arose to tell his
story, lie spoke clearly, and with the tone
of a mail who tells the truth. lie said about
an hour after Matthew Hampton had left
bis shop, on the evening in question, be went
to the sink and washed his hands, aud while
there he Irod on something that attracted
his attention. He stooped and picked il
up and found it to be a pocket book,
and On taking it to tho lijjht it proved
to be, Mr. llainptou's. Ho remembered
loi.ml it to he the body of Mr. Hampton,
stiil warm and Llecdiii;;. Ho firct satisfied
'himself that hft could do nothing ulone, and -,
'htn he uturted baeVtjwurd M for as-,
''i.tui.oc. Vlicn he was oeitakcu by Jor-1
dan and Higler, the idea of having llamp.j
ion's money with liim, brake upon him with ;
stunning force, ai;d hence bis Mraugo audi
hen the prsoner fat down there was a
low murmur, which told that his story was
believed. Hut the judge bhook bis head,
and the lawyer did the same, and the jury
looked troubled and anxious. Tho prison
er's council did all he could to establish his
client s good character, and aUo to impeach
"B" J0UI 1"rtu'1111 fpeax lor you .
" ALilel Adams, stand up aud look the
foreman in the face.
"Now, sir, is Abdcl Adatun. prUoocr at
ll,e l''r' t?,ll!0' "f murder or not :"
Haiti the lir.-t y liable of the word
'"J " is "P""1 foreman's lip, but he
(caks not. Tbo.-t who yet crowd about
nit: imi.'j vw n Eiiuu. nnu an uii ji it i; il, ttiiti
. r . 1
in a moment more a man crowds Ms way
ii.to the court rjoin. He buriies up and '
i I . i j i r -s to the sheriff and then goes to
the judge. Henry UigUr starts up and
moves towards the door, but ill au iu'taut
the baud of the sheiiif is on him. All is
, tkcitt tuclit the most intense. I'iiectty the
lui" at the door begins t) give way, and
f.ur men tire seen bearing upon their shoul
ders a ch-ir a large . luffed chair and iu
the chnir sin Matthew Hampton tint dead
but alive. True, Le is pale and -ha.-tly,
but bis eve? arc open and his l:p move.
At length the chair is set don to fore the
bench, and the rdd phy-itiaa cW M asks
permission to speak. As scou'as this fact
leeoiuex known, all is qjiet one.'; more. I
The phy-iciau r:ijs that neither of the
wounds which Mr. Hampton has receive. 1
are mortal, (hough he had at tir-t thought
('icy were. Tho blow upon the head, and
til-' stab in the breast combined to produce
a stale of catalepsy, which resembled death
o n arly that many on experienced person
mi.-! I have ( . en ib-o ivt J. When lie gave
out timt Mr. Hampton w a dea.l, he thought
that it was so. I'ot wieu he found that
Mr. Munptoii was living, he kept (ho seen t
to bimself, for fe-.r that a certain mm
who-e presence was much needed, might le
At this juncture, Iferry Ciller made a
savage att. in t to break away from the
sheriff, but il did not avail him. The jury
were directed lo icluni to their box, and
tin n Matthew Hampton was requested to
speak. He wan too weak to rise, but he
piaiiny, nn l in a manner tliat .iiioweu
1,;, ,i, to lie
-- .sol H'llliy.
I Then burst
forth a hearty shout of the
people. Abdcl Adams sank back upon bis
j "cat, and in a moment more ne was seuea
s"ri' of stout men, and with w.ld and
! rending shouts they bore him into the free,
pur air, where the bright stars looked
down uud smiled upon him. A little way
had they gone when they met a young wo
man, whose hair wns flowing in the night
wind, and who wrung her hands iu airony.
They stooped and set their buideti down.
Abdcl Adams saw the woman, aud he
sprang fornaid and caught her to Lis
" Mary Mary I'm innocent innocent,
Tho wife did not speak. Hho only clung
wildly to her noble husbaud, aud wept upon
A wagon body was torn from its axle
trees, the blacksmith and bis wife were
placed thereon, and then they were Lome
away toward their home, and long after
they bad passed from my sight, I could
hear the glad shouts of the impulsive people,
waking the night air, aud reverberating a
inoug the distant hills.
Ou the next morning, before the stugo
started, T learn that Mptthew Hampton hrtd
determined to make the young bjicksmith
accept a thousand dollars whether" he was
willing or not.
Two weeks afterwards, while sifting in the
office of a hotel in Ciucinnati, I received
newspapers from M Henry JJiglcr
bad been hnnccd : and on tho callows ao-
knowldged his guilt. Matthew Hampton
was nlowly recovering; and the blacksmith
had, after much expostulation, accepted the I
thousand dollars from Hampton's tounty.
From the I'hilatMphia (
Tin: wtirnr.F.R pi.av k ti'ASK. tvu
WILLlAMsiOX COMMITTED lJd '(:.. '
Tho United States District Court was
densely crowded this moruimr. bv arsons !
anxious to hear the decision of Jude Kane i
on the motion to commit Mr. Passmore
Williamson for contempt of Court, and for
perjury, in making an alleged false return
to the writ of habeas corpus requiring hitn
to produce the bodies of the slaves of Colo
Judge Kane read the foliowing decision :
DECISION OF JCDOE RANK.
The U. S. A. ex. rcl. Whedrr vs. J'as.i
tnorn Williamson Sur. ILiheas corjust
Jul, 155. Colonel John II. Wheeler,
of North Carolina, the United States Min-
is-tcr to Nicaragua, was on board a steam- of the process of this Court, aud challenges
boat, at one of the D'daa'are wharves, on j its action.
bis way from Washington, to eiubark at That action can have no alternative. It
New i'ork, for Lis po.-t of duly. Three is one too clearly defined by ancient and
slaves, belongiug to him, were sitting at his ; honored precedent, too indispensable to the
side on the upper deck. j administration of social justice and tlu pro-
Just as the last sigual bell was ringing, tectiou of human right, and too potentially
I'assmore Williamson came up to the party ; invoked by the special exigency of the case
declared to tho slaves that they were 1 now before the Court to excuse even a doubt
free and forcibly pressing Mr. Wheeler of my duty or an apology for its immediate
aside, urged them to go ashore. He was performance.
followed by some dozen or twenty negroes, The case was submitted to mo by the
who by muscular strength carried the slaves learned counsel for the respondent, without
to the adjoining pier j two of the slaves at argument, and I have therefore found my-lea-t,
if not all three, struggling to release self at some loss to understand tho grounds
themselves, and protesting their wish to ro- on which, if there be any such, they would
maiu with their master ; two of the negro claim the discharge of their client. One
mob in the mean time grasping Colonel only has occurred to me as, perhaps, within
Wheeler by the collar, aud threatening to his view ; and ou this I thiuk it right to
cut bis throat if be made any resistance. express my opinion. I will frankly rccon
The slaves were borne ulotig to a hackney sider it, however, if any future aspect of the
coach that was iu waiting, aud were con- case, shall invite the review,
veyed to some place of concealment ; Mr. I It is this : that the persons named ia t'.iis
Williamson following and urging forward writ as detained by the respondent, were not
the mob ; and giving his name and address legally slaves, iua-mueh as they are within
to Colonel Wheeler, with the declaration the territory of Pennsylvania when they
that he held himself responsible to bim for were abducted.
whatever might be his legal rights; but i Waiving the inquiry, whether for the
taking no personally active part iu the ab- purposes of this q iestien they were within
ductioii alter he had left the deck. the territorial jurisdiction of Pennsylvania,
I allowed a writ of Habeas Corpus at while passing from one Uato to another
the instance of Colonel Wheeler, aud sub- upou tho navigable waters of the United
sequeiitly an u lias t and to this 51r. Wil-
ii.iiiis.ui uiuuu leimu mai tue persons nam-
ed iu this writ," nor either of them, are not
now uor was at the time of issuing the
writ, or the original writ, or at Buy other
tune, in me cusiouy, power, or possession ot .ew Jewsey, the only other state that has
the respondent, nor by him confined or res- a qu ilified jurisdiction over this part of the
trained: wherefore he cannot have the bo- Pclawarc, that authorises tho forcible ab
dics,"cte. i duction of any person or any thing whatso-
At the bearing I allowed the relator to ever, without claim of property, unless in
traverse this return; and several witnesses, aid of legal process.
who were asked by bim, testified to tbc facts 'i. That I know of no statute of Pcnn
ii s I have recited them. Tho District At- Fjlvauia, which affects to divest the rights
toruey upon this state of facts, moved for of property of a citizen of North Carolina,
U iiuaiii.sou's c Jiuinitmciit, 1. for contempt acquired aud asserted under the laws of
iu tni.king a false return ; 2. to take his that State, because he has found it needful
trial for perjury. or convenient to pass through the territory-
Mr. Williamson theu took the stand to of Pennsylvania,
purge himself of contempt. Ho admitted, 3. That I am not aware of any such sta
the facts substantially as in proof before ; tute, if such a one were shown, could be re
made it plain thrtt he Lad becu au adviser of cognized as valid iu a Court of the United
the project, and had given to it his confed. , Slates.
crate sanction throughout. He renewed his , 4. That it seems to me altogether unim
denial that bo had control at auy time over portant w hether they were slaves or not. It
the movements of the slaves, or knew their would be the mockery of philanthropy to
p resent whereabout. Such is the case ; us .s-ert, that, because i.i"ii bad become free,
it was before me on the hearing. the) might therefore be forcibly abducted.
I cannot look upon this return otherwise i 1 have said nothing of the 'motives by
thaa us illusory iu legal phrase, as eva- which iho respondent has been governed,
sive, if not false. It sets out thpt the al- I have nothing to do with them ; they may
b'cd prisoners arc not now, and Lave not give him support and comfort before au in
been since the Issue of the habeas corpus, fiuitely Ligher tribunal ; I do not impugn
iu the custody, power, or possession of the them here.
respondent; aud iu sofar.it uses legally Nor do I allude on the other band to those
appropriate language for such a return, special claims upon our hospitable courtesy,
Kut it goes further, and by added words, which the diplomatic character of Mr.
gives au interpretation to that language es-, Wheeler might seem to a-sert for him. I am
seulially variant from iu legal import. ! doubtful, whether the acts of Congress give to
It denies that the prisoners were within him and his retinue and his property that pro
bis poer, custody or possession at any tection as a representative of the sovereignty
tuur u hulrver. Now, the evidence of re- of the United Slates, which they concede to
spent able, uncontradicted witnesses, and the all sovereignties besides. Whether, under
ndmissiou of respondent himself, establish the general law of nations, he cou'd not
the fact beyond controversy, that the pri- ask a broader privilege than some judicial
soucrs were at oue time within his power precedents might seem to admit, is not ne
.nid control. Ho was the person by whose cossarily involved iu the cause befoie mo
counsel tho so-called rescue was devised. It is not enough that I find, as the case
He gave the directions, and hastened to the stands uow, the plain and simple grouuds of
pier lo stimulate aud supervise .1 di earcu- j adjudication, that Mr. Williamson bus not
ticii. He was the spokesman and first actor , returned truthfully aud fully to the writ of
after an iving there. Of ail the parties lo . habeas corpus. He must, therefore, stand
the act of violence, ho was tho only white committed for a contempt of the legal pro
man, tho ouly citizcu, the only individual cess of the Court.
having recognized political rights, tho only I As to the second motion of tho District
persou whose social truiuiug could certainly Attorney which looks to a committal for
interpret Lis own duties or the rights of ' perjury, I withhold an expression of opinion
others under tho Constitution of the land, in regard to it. It is unnecessary, because
! It would be futile, and worse, to argue ' Mr. Williamson being under arrest, be may
that he who has organized and guide d, and bo charged at auy time by the Grand Jury ;
headed a mob, to cflect tbe abductiou aud i and l apprencuu that there may be doubt
imprisonment of others ho in whose pre-1 whether the uffidavit should not be regard
senee, and by whose active influence the j ed as extra-judicial and voluntary,
abduction aud imprisonment have beeuj Let Mr. Williamson, the respondent, be
brought about might excuse himself from j committed to the custody of the Marshal
responsibility by the assertion that it was without bail or main-prize, as for a cou
not bis hand that made the unlawful assault, tempt of thu Court iu refusing to answer
or that he never acted as the poaler. II
who unites with others to commit a crime,
shares with them all tbe legal liabilities that
attend on its commission. He cbcoses his
company, aud adopts their acts.
This is the retributive law of all Con
certed crimes ; and its argument applies
with peculiar force to those cases iu which
redress and prevention of wrong are sought
through the writ of huUas corpus. This,
llie great remedial process by which liberty
is vindicated aud restored, tolerates no lan
guage in the response which it calls for
that can make a subterfuge. The dearest
interests of life, persoual safely, domestic
peace, social repose, all that man can value,
or that is worth living for, are involved in
this principle. The institutions of society
would lose more thau half their value, aud
courts of justice becomo impotent for pro
tection, if the writ of hahras corpus could 1
not coin pell the truth, full, direct, and une
quivocal, in answer to its maudate.
It will not do to say to the man, whoso
wife or whose daughter has been abducted,
" I did not abduct her ; " she is not in my
possession; I do not dctaiu her, iuasuiuuh
as the assault was male by the hand of my
subordiuates, and I have, forborne to ask
whore they propose consummating tho
Il is clear, then, as it seems to inc. that
in legal acceptance, the parties whom this
writ called on Mr. Williamson to produce,
were at one time within his power and cou
troi ; and his uuswor, so far as it relates to
his power over tbem, makes no distinction
betwen that time and the present. J can-
UJt lv? a interprctaUou to his Un-
':om ,l,"at wl"c'' ,,e Us Pfa.lclli
K,,c". " BUU c;""". rcs.aru ""a
uenying nis power over tue prisoners now,
wheu Le does not aver that he has lost
power which he formerly Lad.
He has thus refused, or tt least he has
failed, to answer to the command of the
law. He has choxcu to decide for himself
upon the lawfulness as well as the moral
propriety of his act, and to ithhold the
ascertainment and vindication of tbc rights
of others from that same forum of arbitra
ment on wiueii ail ins own rights repose
In a word, he has put himself in contempt
States, a point on w hich my first impres-
sions are adverse to tue ar"uiueut, 1 uave
1. "That I know of no statute, either of the
United States, or of Pennsylvania, or of
to the writ ol habeas corpus, heretofore
awarded against him at the relation of
After Judge Kano had concluded, I'is
trict Attorney moved that a commitment
under tbe seal of the Court be issued, aud
that tho defeudaut, Passmore Williamson be
placed in custody of tho Marshal.
Mr. Gilpin said he desired to make a mo
tion that the defeudaut be crauted permis
sion to aineud bis return to the writ of ha
Mr. Vandyke objected.
Judge Kauo said that Mr. Gilpin was too
late with hi .motion. i)'r. Vaudyke'a mo
tion ha'' already beeu granted, and the pri
soner was in the custody of the Marshal.
Mr. Gilpin theu commenced an arguuieut
ou the truthfulness of the original return.
Judge Kane said that bis decision would
be on file, ami be also understood that it
would be reported in full in the newspapers i
of this afternoon. He thought it would be
better for the counsel for the prisoner to ex- '
amine the decision at their leisure, and then
prepare any motion they might think proper '
Mr. Gilpin acquiesced and the Court ad-
After the adjourniiieKt of the Court, Mr.
Williamson's friends surrounded bim aud
greeted bim warmly, ,'1'he defendant him
self appeared cool aud collected. Upon the
other side ot the Coui t-room Mr. heeler
wits tbe centre of a circle ef sytnpntbizers.
1 he Whi clorpurty seemed in high spirits ut
An intense feeling was evident in the
countenances of the persons who witnessed
tbc proceedings. Little groups talked (he
matter over among themselves, and the
scene afforded an excellent indication ol
the strength of feeling engendered by tbe
vexed question of slavery whenever it arises.
Marshal Wyukoop lodged Mr. William
son iu Muyiiiiicusitig prison.
".a a -u- a- !
it in, itu tu nMviix rioi.
Convention met iu Murphy's Hall, in the
Town of Salisbury, on the -oth of July,
On motion of Mr. ('. F. Fisher, 11. F
Flrwin of Uuike, was r pointed Chairman
and W. '. Caldw Jl of Stalcaville, temj o
The Chair culled upou the counties rep
resented for a report of delegates. The
following were reported :
Fiuiii Luurjii. Jacob Kridcr, Kev. J.
II. Parker, C. S. Jliown, Win. Itowzie, l.
A. Davis, Thomas L. Cowan, F. Shober,
John A. Hoyden, II. C Siiuoutou, John I.
Shaver, J. II. Kuuis, J. C. Cannon, J. 11.
Jenkins, G. A. Miller, II' n. 1. F. Caldwell,
Hon. J. W. Ellis, Hon. N. lioydeu, Charles
F. Fisher, Michael lirown, A. H. Caldwell,
(). G. Foard, Hr. Jobu Foard, M. S. Mc
Keiizie, J. J. Brimer, John McKorie, A.
Henderson, Win. Murphy, K. Myers, M. My
eis, Win. P. Hurke, J. V. Bell, Robert Mur
phy, A. Murphy.
Front ;mr-S. 11. Bell, J. W. Stock
ton, K. F. S'unonton, A. .W. Jameson, John
Davidson, U.K. White, J. K. Montgomery, J.
N. McLi Hand, A. K. Siuionton, M. M. Camp
Thcmas A. Allison, Jacob Rickard, T. II.
bell, Dr. J. II. Houston, Dr. Johu Alii u,
MuKorie, 1'r. Hugh Kelly, Capt. John Me
Culloch, J. W. A. Kerr, Lieut. C. Hill, J).
llamsay, and W. P. Caldwell.
From Cutatc!i,i)r. K. . Elliot, . B.
Gaitber, Dr. A. M. Powell, M. L. MeCor
k'.e, A. L. Bamsour, ri. G. Miller, A. C.
Wilkie, Dr. A. Hay, David Smith, John Wil
fong, Kev. J. Crawford, T. W. Uradburn.
Front. Alexander X . M. Bogle, A. M.
Bogle, V. G. James, A. Carson and Thomas
Front Cadirrtf Col. W, A. Lenoir.
Front Hurke W. W". Avery, K. J. Er
win, F. P. Glass.
On motion of M'. Fisher, a Committee
consisting of one delegate from each coun
ty was appointed by tho Chair to nomiuale
permanent officers of the Convention, viz :
VV. W. Avery of Burke, Charles F. Fisher
of llowun, M. McCoikleof Catawba, A. M.
LBoglj of Alexander, S. U. Bell, of liedell,
. A. Lenoir of Caldwell.
This Committee soon reported through
their Chairman, Mr. Avery, that they had
agreed to nominate
Hon. D. F.CALDWELL.
For Vice Presidents,
Thomas A. Allison,
W. A. Lknoik,
1). 1J. Gait 1 1 tit,
E. P. Glass,
J. M. boui.K.
F,r Srcrit tries.
W. P. C'ALIiWLl.r.,
A. M. Boole.
This report beiug concurred iu, Mr. Er
witi vacated the Chair, aud tho President
elect declared the Convention organized
land expounded briefly its objects.
Ou motion of W. W. Avery, tho Con
i ventiou culled upou tbc General Comiiiis
fsiouers to report what amouunt of stock
had been takeu whereupon, Mr. L. J.hr
win, iu behalf of the General Commission
ers, reported that S'Jde!,7uO had been sub
scribed. On motion of Mr. Avery, a Committee
was appointed consisting of two from each
county, to prepare business for the Conven
tion, viz: W. W. Avery and Mr. ttlav cf
Burke, Mr. Fisher and Mr. Shaver of How
au.jMr. Stocktou and U. V. Siuionton of Ire
dell ; Mr. MeCorkle and Dr. Powell of Ca
tawba; J. M. Bogle aud A. Carbon of Alex
ander; Mr. Lenoir of Caldwell.
Mr. Leuoir offered aud read the follow
ing resolution? :
1st. Jit solved, That it is desirable that
experimental surveys be made belweeu Sal
isbury and Statosvilie, aud important both
to the interests of the State and the Com
pany, as well as necessary toa just and pro
per settlement of the conflicting claims of
Catawba ou tho one side, and Caldwell aud
Alexander on the other ; that experimental
survevs be made between St:;tes:l!e and
Morgaiiton; one line, via the towu of New
ton ; and one via Taylorsville and Lenoir ;
aud also that the survey by Maj. Gwyuu
west of Statesviile to Morgaiiton be reus
ed ; and made to connect with Statesviile
as a point; aud thai a full exhibit of t''0
result cf these surveys be made, showiug
the grades, distances, and cost of each
route, before a final location is made.
2d. liffolred, That the Company should
be organized as soon as 811(10,0(111 or more
shall be subscribed ; and that the tth ?HK
000 subscribed absolutely, or any balance
of tbc 4th $100,0110 w hich may be sub
scribed absolutely and is deemed solvent i or
for which the subscribers may indicate a
preference for tho Northern, Southern or
middle route, the snme ought to be receiv
ed, whenever the Directors of the Conipa
uy shall deem it expedient to adopt eaid
route, after the result of surveys have been
exhibited ; and tbat any of these subscrib
ers who shall have indicated a preference
for another rouu, should be allowed to
withdraw their sobscriptious if they choosd
lo do so.
Which tbe mover desired should lie on
the table. Upon the motion of Mr. Avery
they were referred to tho Business Commit
tee. Mr. Lenoir explained tbc position of
Caldwell County, and called upou How an
to take ihe balance of fho stock.
Mr. 1'isber moved that the Convention
take a recess until 'i o'clock, which was
2 o'( LOCK.
Converi'ioii re-asscuibled according to tba
ordrr nl 'i o clock.
Mr. Avery, from the Buiness Committee,
on their behalf, submitted the following
P. E POUT i
The Committee to whom was referred to
enquire and ascertain the amount of stock
subscribed to the Capital Stock of the West
i-rn Norlh Cnrolina Bail lb ad Company,
report that Tv. o Thouaand four Hundred
and twenty three shares have 1 een subacrib-.
d in the capital stock of .-aid Company, as
Catawba County, 1000 share.
Iredell County, 101J1 "
Mowaii County, 2-16 "
Caldwell County, CO "
Alexander County, .07 "
Leaving .r7 7 shares or pt7,700 to be yet
subsciibed iu order to secure tbe charter.
They furtbei repent, that the citizeus of
ltnike comity have authorised attorneys to
subscribe on theirltli.ilf 1,000 shares to tho
capital stock of said Company; whenever
SH, 000 shares shall have been subscribed by
other persons so as lo make the uggrrgatu
amount of stock subscribed by individuals
towards the building of tbe first section
our Committee recommen Is fbnt tho
didegates in this Convention subscribe ou
their ow n behalf, or on behalf of the citi
lens of their respective counties, the resi
due of slock now remaining unsubscribed
to wit : .r77 shares, and that tbe Convention
declare itself iu permanent session, and sit
from dny to day until Ihc charter is secured.
The Committer beg leave to be discharg
ed from tbc further consideration of the)
Resolutions offered by the delegate from
Caldwell, Mr. Lenoir.
All of which is respectfully submitted,
W. W. AVlillV, Ch u.
Mr. Avery followed the reading of tho
report with some forcible and appropriate
M. K. J. Erwiti moved that the Report of
the Committee l e adopted, which motion
: unainiiiiiiously prevailed.
I The Convention was then ably address
Ird by Judge Ellis urging the citizens of
! Rowan to come forward and meet the oec.w
siou wilb the same spirit that other counties
Thu President aniioiinctd that he would
j double bis subscription and accordingly
increased bis subscription to 5."i,000,
It being intimated by Mr. Fisher that
: probably by to-morrow something might bo
; done to raise thu ncce-sary amount upon
iiK'tion, the Convention adjourned until to
morrow moruing 0 o'clock.
Tut itsp.iv Mohmmi, !.) o'clock.
Tbc Couvtulien met according to adjourn
I The Rowan siibseription Book, beinjj
called for by the President, it was ahnouno
ed that the Convention was ready to hear '
from any gcnilen.cti of Rowan, who worn
! ready to make additional subscriptions,
'Judge Fills made some remarks aud called
upon Mr. Thomas L. Cowan this vonera-
ble gentleman couclu led an appeal to his
I county-men by insrensin; bis s ibsci ipiion
1 61, (lull. Several geiitleiuetl subscribed a
j few shares each.
Mr. Fisher stated that right gentlemen
of Rowan, ha l agreed to tako the baluuee,
It was t'uel! announced by Judge Ellis,
'that the charter was secured which an
! nctmecment wn received with rapturous ap
plause. Tbc Convcntiou was congratulated
upon ihe amount in eloijueut teriiH by Jud gu
EiiK M J. Erwin, W. W. Avery aud Hon.
j The last named speaker aserto1 the
practicability of completing tho Road to
Statesviile by !:; 'at January, ISoT, and
to Newton in six months thereafter, and to
the terminus of the first section iu two
i years from the beginning of the work on
I the grade.
! Mr. W. A. Lenoir offered the following re
j iWi-7, That the thanks of this Con
vention am due, aud hereby tendered to tba
patriotic citizens of Rowan county, who
have come forward, at the crisis of the fate
of the Western North Carolina Kail Hoad
'aud secured the charter.
I Which resoluliou w as unanimously adopt-
I A re-oluticn was offered to tho effect,
that inasmuch as Scotch Ireland'' had
, not assisted to secure thj charter, that thenJ
should be no depot in their neighborhood 1
this resolution w-i however withdrawn, on
the earnest solicitation of T. L Cowan,
; w!i'j promised on their behalf tiiat tbtv
should do something creditable yet.
j A vote of (batiks was tendered to all of
. the officers of tlio Convention and to Mr.
I Murphy fir the Use of this Hall. All of
J the Newspapers of the State were request
i ed to publish the proceedings; after which"
i the President declared the Couvcutiou ;d
i P. r. CALDWELL, Pre't.
W. P. C.U.PWKLL,
A. M. Boi.le,
We rogrot fa learn that Mr. A. J. Orr,
; late of Macon, was murdered by a negro
on Wednesday last, about thirty miles from
! this city ou the line of the Savannah and
j t7u.lt Railroad. Mr. O. bad a contract on
the road, and had about ninety hands inc.
! groes) iu his employ. ( bio of ("-em had ruti
away, but wns capturod, and Mr. Orr W -s
taking bim back, when it is supposed tho
negro, in an unguarded moment, attack' d
him with a stb'k ind kil'ed bim. His b-xty
was not found until yesterday. 1 be ln-ae!
had been badly teati n, aud Lis throat cut
by a small knife.