North Carolina Newspapers

K t : ' AnTfRTISfMl On8 -'i . ( III -.R. .. :v.L itrle r.,- neMl ., im-'ii nit ia 1 5 flielll ill5. . . 0 1 i : r. 7 oi K- no tine S'l'utro, One i-kjuars-. On? Square One Square. A'!liti'-ia A S'iarc i- f'Hifi' 'Ci-tl-'.r.gtii. ;as!i, intaruil.'.y InaUTttnce. i i iar. toiTo.x x.tx. j,uiir:g Ike approaching session of j ii e i -n i i . I i '(vU'Tcfr another ewon win ien)aae to ... cotton tax refunded, t will be rcim-iid-cred that Hucquallydivided C .,,;,-t ,vi'i-c-l ! deeiare the law icy- j. - the la mK--.msiitidioi.al, and that j ,jX decision La.s br-.-ught tho .mestion lore t'oiigre -t 1 oidy V" V, iii !) . 1..,.. , ..-.v. r .- ,?..! e li'JW Jiit3 liiV .-..-v. 'v S.O'.1.: Li Ul ri tir. "We f il erclj Lop: tl ll the tux ni:;v be rci'tiudtal, mid wo hdicvo it j be if tl;. fi icud:; of thu iiicas.trf - will work a:; I hoy omrht to do. Then- ll(LLili. iwii'i ui ucuvii'- i tit: whieh would benefit th people of the houin more, which would alloi'l the :ii greater a' d inoro lasting rtliif. Tiie tax was a harsh and cruel war measure Embittered by tho strng tre in which they Lad been engaged with the South, the North imposed this t.iX as a punishment in order to make the "rebels"' pay some of the expenses of the war. So .soon as passion began to yield to reason the tax was removed but not until it had worked us great mischief. It i3 now time that repara tion was made complete by a return of the money to the people from whom it was illegally collected. Let thr Southern members present an unbro ken trout and they will get allies enough from the West to carry- the hill through both ITcmses. We hope that the Congressmen from North Car olina will give their attention to one measure which promises to be of bene lit to the State. TIIC li'UKEJICY. Cfiicral Go: uon. United States Sen ator from Cit-orgia, says the Ilich mond JiioJ-!i, talks very soundh tdMiit the currency. He comes like a sensible man into the line of the prac tical on the subject that line which B;:geLot has so clearly marked out. Wherever gold is the exclusive medium of exchange there is a low condition of enterprise and industry, and an ab senct; of public improvement. We have tried gold in vain, as Eng land has done, and found it ever to tail when brought to the test of a panic. It lias indeed, lying in - the vault, been less useful in an emer gency than are the old-fashioned walls around cities, which have proved to bt of no force before modern guns. Cold is useful ia settling balances the balance of trade between nations, and also between banks, but it is oi little real value in the every-day com merce of tho country. Bank notes, checks, am! drafts are indispensable to the rupid and voluminous transactions oi tne commerca 1 nflinld The fact is that without the use of an elastic circulating medium no country can achieve great things in commerce, agriculture, and public im provement. And that medium must be based upon confidence confidence in the Government, and confidence amongst thp people. This country has struck upon the true ground in basing the currencv upon tho credit of the Government. All that we need i that j two Senators in Texas and Virginia, it fihall be madu clastic ; that there Tho new partv will have two from Cal shall be reserves for emission ' ifo-uia and Kansas. The Republicans wnen an exigency arrives which ! excites distrust and causes the hoard- ' iug of currency. Of what use are re- ; It will bo observed that great impor serves if they cannot be employed for j tance must attend the political eam lelief when times are hard and currcn- ; pa:gns of 1871, when will be elected all cy E .ircL Mr. I3.igeh.ot has prescribed 1 the members of tho House of liepre tiij real remedy: "Liberal discounts" j sr-ntative, except those from Connec by the bank.-. That is the lemedy. ! ticut. New Hampshire and Ithode When the patient is weak and exhaust- Island, and the Legislatures, in part o.l, shall he be bled ? That - would be or complete, in nineteen States that death. Nourish and sustain him, and ; will have tho choice of United States he will soon be vell. But deplete aud ! Senator s. diet him, and if you don't k'll him you j prostrate him, and it will tike years fur him to recover. j We hope Congress will very toon do something to prevent currency fain- iiies hereafter. Everv department of tho Govern- ment that has anything to do with finance urges some measure f.)i tiie ' promotion of the elasticity of tho cur rency such as the interconvertible bonds, the abolition of the restrictions upon the banks, ivc. The Comptroller of the Treasury goes iu with emphasis for changes that will accomplish tiie great object upon wkich all are agreed. He thinks that measures may be adopt ed that would dispense with specie altogether, and leave the country as ' thoroughly protected as it could possi- ii ... ... ,i "ij iic v.iLji van sjhjcio oasis ioi me the currency. This is altogether possible. 5iKv. i,rr;s last visit t a is l,l.iTU. Tho New York World well says there are few modern incidents more fall of simple pathos than .he quiet visit which Mrs. Mary Cnstis Lee paid to her old homestead of Arlington, about threo weeks before her death. -Irs. Lc-o had not put in words her heart's longing for the place endeared to her by so many bright associations. During the General's lifetime she had said not a word about her confiscated estate, and after his death sho did no more than consent that a modest peti tion should Le se:.t xip to Congress asking that the judgment that deprived her of her ancient home for no fault of h r own should at any rate be examin ed into, even if it could not be revised. It was thought that she took this step for the good of her children, and not because she had any personal feeling in the matter. But when she felt the 1 ana of deat u begin to tighten upon her, she )a.i dully left the seclusion to j i3C'offie to get a decent house in a con which ten years of rheumatic fever had ' venient neighborhood. Marketing, confined her, slowlv and with sad in- terest revisited the old homestead and the scenes of her 3 one h and woman hood, gazed upon that which she hat loveu so well and longed for in silence ! and resignation, end then went quietly back to Lexington to djc It will add a pang to the sense of loss which her friends have for this gracious lady, of sach nobility of charnoter and patience ia aPJiction, to feel that to her other griefs was joined this unavailing yearning for the old -home die could not come back to a yearning not put ot 1,u: ,ressed : iu words nor suspected until expres i. ii .i i .i .. . . i - y mail most pathetic Jcave-taKiBg on VOL. 29. Ou the 3rd of March, 1ST", the terms of t T en f vfl ve I'n 1 f n,l 1 f .1 4 ,1 c- Cinn.tf 0 " ' "' -i.v.. .-...in.., uixmwi uxpu. Tho outgoing Senators Ames, of Mississippi; Bayard, of Delaware; Sorccian, of "West Virginia; Urowulow, oi' Tennessee: Buckingham, of Connecticut; Carpenter, of Wiseon- sin; Casscrlr, of California: ChauJler, i of Michigan." JldmunUK of Vermont; Flanagan, pf Fenton, of New Yoik; exas; Uui.ort, ot 1-loriua; Hamilton, of Maryland; Hamliu, of Maine; Jjqvih, Virginia; Pratt, of Indiana; Rarn- sey, of Minnesota; Schurz, of Missouri; Scott, of Pennsylvania; Sprague, of Uhodc Inland; Stewart, of Nevada; Stockton, of New Jersey; Sumner, of Massachusetts; Thurman, of Ohio; Tipton, of Nebraska. Tho publication of this fact has given rise to the belief in some quar ters that the result of the late elections will materially affect the. political character of the Senate, which i3 not the fact. Tho elections for Senators must be made by the Legislatures last ihosen previous to tho expiration of the preceding term, and very few of the States have yet elected the Legis latures complete that will be in session in the winter of 187o. Some of tne States, like New York, for example, elect the Senate for two years, and the lower house annually, and some, like New Jersey, elect a part of the Senate and the entire Assembly each year. In these States tho rule applies tho same as where tho wholo Legislature is elected yearly, as in Massachusetts, and the United States Senators cannot be elected until during tho regular sesfcion succeeding tho general elec tions of 1871. Most of the States whose elections are h?ld biennially will elect their Legislatures next yar. The only senatorial elections for full terms to bo made during the coming winter, therefore, are those of Missis sippi, California, Texas, Maryland, Virginia and Oh o, and to fill the un expired term of Caldwell, of Kansas, extending to 1877. In tho event of Mr. Conkling's appointment as Chief Tustice, the New York Legislature will choose a Senator for the remainder of uis term, which extends to 1879. Sen itor Ames has been elected Governor o" Mississippi, and will probably be re urned to the Senate if he likes. The new Independent party of California have control of the Legislature, and it is hardly to be expected that they will return Mr. Casserly, however he may acrree with them bv his course as an anti - monopolist. Governor Booth ap pear to be the favorite, and if so he w'll be the first United States Senator chosen by the new party for a full term. The Independents of Kansas will probably elect one of their number to fill Caldwell's seat. The election in Texas has not yet taken place, but the Democrats will undoubtedly succeed, and there; as in Maryland, Virginia and Ohio, a Democrat wi'l be sent to the Senate. The Democrats will gain wiil lose three in Texas, Virginia and Kansas. TtrCTHK Ot THE DEJIOCIIATIC txsTHAt i:xr.ttTivi; com. .niTTi:r. There will be a meeting of the State Executive Committee of the Demi- "ratic wnwrawo j.any ul iueo. in the city of Raleigh at 10 A. tiie Jtu OI isocemuvr uvu . . i t; I All memoers oi ine same, luciuuiua ! flic Tli'friif n-tiri-iittpf nrft rfioiiested to bo present, as matttrs of importance will be considered. Wm. R. Cox, Chaiiman. The Fiijetteville Scandal. ; We willingly give place to the fol- lowing communication from Fayette- i 1 1 :,i n-rmr.t:.r.r of thn nrtielo rpppr.tlv , er i r ! pil01ISJiet.i Iff li IU Axv-itm- l 1. , . rtlior-iTirl frum 111 ITOIilUlU lltlOliA iiuawuiii.i - ' ' place with a young lady, leaving his family behind. Suffice it to say that j our information was derived from a very reliable source. We give our correspondent the benefit of his de nial, which is as follows : Fatetteville, Nov. 24th. The Editors of the Journal will please correct the erroneous statement made in their journal of November 20th, in regard to B. C. Gorham leaving Fay etteville. His family were aware of his leaving for several weeks before he left Fayetteville and knew that he did not expect to return i n several months. In regard to. the young lady, sho went under his protection to her brother, who has been living in Texas for three years and has accumulated consider able means, and wrote for her to come to him by the first opportunity. The young lady, up to the time she left, can sustain a ood character. Respectfully, out ot l.tviiifr in the SoutU. The Savannah Advertiser, quoting an Augusta cotemporary, calls for a "marking down" of prices, saying : J In our southern cities tho rents and I ..-.fr.ti n oiL-irmnnc nnrl it. fbnnfiit. ; . ffir m with a moderate too, in the south is simpiy atrocious Meats are within bounds, but vege tables are entirely too high. One rea- ..,-,- wnnsfl !.ontii f or I soim inexplicable reason, has not un - ! derstood and employed the fractions : vtn" tiur'jg inrlated prices, ever j thought of nvir-g mor than two cents ! for soup-bunch and four cents for a j cabbage. In our market, a soup- ti. At. thr North, noltoilv ten ofn tt. and a cabbarre of ordinary OllIlCIl IU111 U jlUUl OUC ttu bxxixu sjbiv dimensions, bring3 twenty-five cents. There should be reform in these and o Vipv things. Let somebody start the fractional copper currency here, if pos- I sible, and let venders of small articles i undc'rstand that thev must "mark ! -i n ;.f,i,no,.u ,if i. I - ' 1F nirtrtr tit itT urn OVK If . LEIGH LETTER. Xltc Sn'-Mtrr Suit lis History Km Present Status Tlic Effort of Counsel Fffccts upon Consolidn tloa T'lic TreHsnry Injunction -lr. ?lcciHJi Resolution Ninlc Printer, liALEiGii, N. C, Nov. 27, 1873. Eprroiis J oubxaij : Yesterday a motion of considerable importance was argued in the Circuit Court before Judges Bond and Brooks. It beiDg understood that the Self suit against the Treasurer would be called, the Court room was well filled with mem bers of the Legislature aud others, at tracted by curiosity and interest in the decision of that case. - But the first motion on the docket for that day was one made at tho last term of the Court in the S vasey suit. This euit was instituted in 1871 by Swasey, a bondholder, residing in New Y'ork, to enforce a lien against the State s stock in the N. C. R. R. Company. In 1849 the State, in the Act incorporating the N. C. R. R. Company, subscribed for 20,000 shares of stock, at a par value of two millions of dollars, arid ly a subsequent Act subscribed for 10,000 additional shares, making three mil lions in all. 3y Section 38 of the Act of 1849, tho Treasurer was authorized to borrow the money to pay the sub scriptions, and was directed to issue the necessary certificates of debt in sums not less than $1,000 each, pledging the State for the payment of the sums therein mentioned, with interest thereon. And by Section 41 it was enacted "That as security for the re demption of the said certificates of debt, the pnblic faith of the State -is hereby pledged to the holders thereof; and in addition thereto all tho stock held by the State in the N. C. R. R. Company, hereby created, shall be, and is hereby, pledged for that pur pose ; and any dividends of profit which may from time to time bo de clared on the stock held by the State, as aforesaid, shall be applied to the payment of the iuterest accru ing on said certificates : but until such dividends of profit may be declared it shall be the duty of the Treasurer to pay all such interest as the same may accrue out of any mon eys in the Treasury not otherwise ap propriated." In 1870 a dividend was, for the first time, peihaps, declared on tho N. C. R. R. stock, and the State received her dividend and used it for ordinary pur poses of government or, at least, did not apply it to the payment of the in terest on those bonds according to the above provisions of the act. Another dividend was about to be declared in 1871, and thus this suit was instituted Swasey asking the Court to enjoin the R. R. Treasurer from pay ing any dividend t the State and to enjoin Mr. Jenkins, the State Treas urer, from receiving any such divi dend, and for the appointment of a rf ceiver wuo snouia receive tne divi dends and pay the money over as in terest to the bondholders. And futher, that it appearing that the cer tify de for the State's stock, 30,000 shares, had never been issued by The R. R. Company; that the same should b3 issued and held by the receiver, and that the said shares might be sold to pay their bonds and interest. The Court in 1871 granted all but the last prayer, and Mr. Samuel F. Phillips wa3 appointed receiver, with directions to receive the dividends and pay the money out to the bondholders as in terest, and tho R. R. Company was directed not to pay any dividends to the State Treasurer. At tho last term of Court a mot:on was made to sell the stock to pay the interest due, there being about half a million of dollars of interest in arrears. Mr. Brewster, of Philadelphia, and Mr. R. C. Badger argued the motion for the plaintiff. Judge Battle, Mr. Gatlhir and Mr. Smith appeared for tho deiendants. Mr. Brewster macio e capital speech. His oratory was of the ! highest style, gestures perfect, enunci- j atiou distinct, and his idea3 so clearly expressed that no listener could fail to : comprehend his meaning. In fact, his ! entire conduct as an advocate was ad- 1 rnirable and parti.ai!a rh- pleased to note tiie marked absence of any disparaging rc-Uectiousou the State or the people oi North Carolina which would " almost iuevitably have fallen from a less polished lawyer. Tho counsel for the plantiff, argued that the principal of the bond carried tho interest with it ; that a pledge to secure the principal was a security for the iuterest, that while this is 6o gen erally, as a matter of law, yet in this case it is so not only as matter of law but by the terms of the Act, the pledge being for the security of thr. certificates of debt, which under Section 38, were for interest as well as principal ; and which in fact are composed of the body of the bond with coupons at tached. That, m Equity, iuterest over due is considered as principal . That this is so particularly in cases of pledge, because otherwise the interest not being paiel regulaily, it would soon augment the debt so much as to render what was at first ample security, an in sufficient security. Equity would not require that the pledge should be kept under such circumstances, but would, on application, order it to be sold and applied to the debt while it was sufficient to pay the debt. In this case tho direction that the dividends- should be applied to pay the interest was a useless and super fluous prevision in the Act, for a pledge of the stock gave the pledgees a right to receive the dividends and apply them to keep the interest down. That Wow s -. 'm'f-r r.f law. A mort gagee is entitled to the rents the pledgee to the profits of the pledge to be accounted for as intprest. Hence no valid argument could be made against the sale because, apparently, tho stock was pledged for the redemp tion of the certificates of debt alone. In fact the certificates of debt included the interest. The second question was as to the jurisdiction of the Court. The Stat under the 11th Amendment to the Court of the United States could not be sued, but this s true only in cer tain cases. In other cases it ia not true. Many decisions of foreign Court were read, in which sovereigns had been made parties to suits and the general rule is, that where a sovereign throws aside her sovereignty and em barks in trade, sho is suable like other ; traders. Many United States decis ions were quoted to that effect. But it ia not necessary for tho State to be a party in this case, because the pro ceeding was in rem is against the stock and not against tho State. It is to sell a pledge and the pledger need : not be a party. The pledged property ; was not in the possession of the State ; ' the legal title to the stock was not n , ine omw) ; mo owcb. uuti uovcx uc u issued until this Court ordered it to be ! issued to the Receiver in 1871. The State had recognized that she had no , proper right to the stock and nad ; A sale might be made by the Court ; which would pass a valid title to the purchaser, and the court will take notice that interest is now rapidly ac- cumulating and will soon be equal to , the market value of the pledged prop- 1 erty that the State paid BO money i or iiia tielr e-rco-nf. .-l7nt. th. tlTndanfca toTif to the State. nd the monov wa3 jiyxyv k! lent on this pledge of stock, aud the State could not be injured by Eclbng tho stock now, ic, &c, &c. " J The attorneys for the defenauts in ! elaborate speeches replied, that the ' j Court had no jurisdiction to make this i ' salo as asked for; that this was not a cat'O of pledge nor a case oi mort gage but a declaration of trust ; that in pledge the possession of the proper ty passed to the pl-.'dgoe here the property had never betn in the bond holder's possession. The State retain ed the legal title to the stock, and de clared a trust for tho benefit of the bondholders ; this being so, no order could be made to sell unit si the State were a party to tho suit. For no case can bo found where the legal title has been divested by an order of Court, the holder of that title not being a party. If the court were to sell, it would be a vain thing, Tho purchaser would get nothing. The State would not be barred. Her rights, passed on in her absence, would still be in exist ence. The judgment as to her would be a nullity. As. to whether the stock was pledged to pay tho interest, the counsel urged that the Legislature had pledged the stock to pay the princip-.! I fiad pledged the dividend to pay the interest ; if the interest was also secured by tho stock, why had they pledged the dividends to pay it ? The contract was written, the Court could not vary it ; it was expressed that the interest was to be paid in a certain way. Express o iiniv, cwli'sio ct'tc riux. The interest, when due, is not a pari of tho principal ; the iuterest is evi denced by coupons. These coupons, suppose, are all cut off. Suppose the the stock is sold and tho proceeds ap plied to pay the detacded coupons as here asked. In 1S83, when the bonds fall due, the holders will demand from the State tho stock pledged to pay the principal. W'll it be any answer to siy "Notwithstanding tne pledge to you, the stock has been sold to pay the interest?" The Arff'mcnt":n ah Intonvcnicnfi" is a crood argument. saitn tjoKe. This is not a proceeding in run ; it is a motion to make a Trustee eel", or in his place, appoint n Commissioner to do so. The State is the Trustee the Trustee is not before the Court she can't be brought before the Court. The Constitution forbids it. You can not have your motion unless -che is hero ; and -; ou can't get her litre ; and if she were here, your suit would he dismissed, the Court having no juris diction. I am aware that in this hasty skc -tch I have not done justice to the spctchos that were made; but I have endeavor ed to state inteligibly tho points mde, on each side as far as mv raemorv serves me. An earnest effort was mule to defeat this motion to sell the stock, as it is tnougnt tnat a sale would mil itate against Major Wm. Smith's pur poses in the West. Wo fear, however, that as the bondholders are regarded by the Federal Court ; the equitable owners of the stock, they will inter fere seriously with the Major's ar rangements by injunction, ,Vc-, as there are rumors about Ila'e'gh that such will bo their policy. The decision i the Couit ia this case is anxiously awaited: a side would RaprififP. tho ?ivnrpvtv rm.1 1 an. i leave the , bulk Ot tne rotate Uonds unpaid. It : might be wiser tor tiie State to ex- : lYi.. t:. change the stocks for the bonds and ! thus relieve that much of the f L I estate debt. But this again might in. rfere won lajor nmuu s plans. j The Self suit will be argued by Rev- I erdy Johnson to-morrow. Tua't suit j on the Special Tax Bond is still more i importaut to the peotde than this By i the wav I hear that the resolu ons ! iniroduced by Mr. McNeil.', of Robe- son, concerning tho Special Tax Bonds have been favorably considered by the ; committee and ordered to be )iiLted. ! They will doubtless pass. Rumor i hatli it that Joe lurner wdl be tht. Public Printer for the ensuing year, the Cons 'rvatives thinking that tt'ru aboi't is fair pi'tj, party organs here. then Cill two V A "Ivtt-Iilii:' Stnr.T. A reporter of the savanna! b fis-r and J?'.j '''! has be. en inter viewing a person, "wb: it hii story bo true, has been deeply wronged. Tiie man's name is Richard Cue, tend Jic is stated to have beeu a prominent sculptor cf New Orleans. Ho told the reporter that "in April of the year 1870 ho was pre-cnt at a meeting iu New Orleans, called for the purpose of awarding tho contract for carving a marble figure of Gen. Pat. Clebuiue. The contract was awarded to him, his bid oeing ti,uirj. lie iett r,, vr Orleans for Baltiai.oro or New York, in order to purchase a pice, of marble suitable for the purpose. On his arrival at Sumraerville, South Carolina, he stop ped for the purpose of delivering a, ldtey from his wife to her mother, re siding in that town ; consequently he was eornpoiied to lay over until the next day, hue waiting at tlio depot a lady called upon him and mlormea him that a young girl had been found with evident marks upon her of the most outrageous violence. A ropo or something else had been put around her neck, and she had evidently been choked to death, as her tongue pro truded some distance out of her mouth. The lady who called upon Mr. Cue did so for the purpose of securing his as sistance in discovering the vidians. j In company with four others he went i in search of them, and fortunately tl icy succeeded that very night in finding j two negroes who, when captured, en- j essed the crime, and by daylight they were hunsr upon the branch of a tree, t It was not long before Mr. Cue and three others "vero in the clutches of the United States officers, and although he offered any bond they might require he was laughed at, sent to Columbia, and tried before a jury composed of six negroes end six carpct-baggerf. He was fouud guilty, and sentenced to fourteen years imprisonment and to pay a fine of 82,500. Soon after he was . x x xi. .i;., n,.. sent to iue .euitcutiioy iu niuu - Mis wne, m iew urieaiis, seuu a o u, property for the purpose oi ,uS some thirteen months ego, nnd ttieu removed witii what little remained with her six children to Baltimore, where sho has ever since been engaged in teaching music, French, and draw ing. Through the influence of friends, chief among whom wa3 General Harry T. Hays, he received his pardon on or about the 27th of July last. Since thr u he has been in Memphis nursing the sick. He has letters in his possession from prominent persons in Memphis, and also one from Mr. semme3, ot iua vacnah. Mr. Cue had end acquaintances in Sai exerted themselves in h was therebv enabled to leave on the Charleston "train, on Ins way to hi family in Baltimore. Several Italian newspajiers report that a number of Italians, French, Belgian, German and Austrian capi talists aro about to form a company for the purchase of the convent prop erty at Rome. Their intention is said to bo to leave the niouks and nuns in ;. ,mrv anA thr , . bnilJio(rs and thus to render i convent buildings, and us to renae, i the aw . suppressing the religious orders at Rome illusory. 17. S. CIRTJUir COTJIIT. Ari:ii:i;cLii in ihv Swasi'j .Suit Will tfie State's SiocR in tlic iortit Car olina Ko:! Ije SoStl An Intrrrs!" The Court met at 10 o'clock, pursu ant to adjournment, Judges Bond and Brooks, prt siding. The Ceurt "called tha case of A. II, Swasey vs. the North Carolina llail rond and others, whereupon Hon. F. Carroll Brewbter, of Philadelphia, counsel for plaintiff, announce d a mo tion to sell the stocka of the State in the Road for the purpose of paying the accrued interest on the bonds issued to buy the stock. Mr. Brewster sup ported his motion in an argument "at some length, and made a Hue impres sion on the bar, the Court aud the by standers by his impressive and forei ble maimer as a speaker as well as the abilitv of his argument. " J Ho was replied to by Judge Battle, John Galling, Esq., and Hon. W. N. II Smith in very able nrguiuen s. In Hie at rerrroon, R. C. Badger, Esq., fol lowed ill behalf rf the Plaintiff, in a sho. t but strong and forcible spet ch, and then Mr. Brewster concluded tin discussion. The object of the Swasey sr.it is t j condemn the dividends to the Stub from the N. C. R. II., in ord-r to pay interest upon the bands of the State issued for thy construction of that road. These bonds are not duo until the year 18S3-1. The State's stock in the Road is pledged for tho payment oi tne principal oi tuc: bonds dtvi - deuds that may accrue from the stock are agreed to io ipiiieti to mvirtrxt oi then- interest. A! interest is now due. The PJaintifr seeks i State's stock i:i ih- i.t ito.;' i sold the which is Ko.:o. pledg ,1 fr tho pavm..-nt of the Stat- certificates of Jbfc su the purchase oi tac stoc.v. The counsel for the p atntllV arTiiod that the pledge of sloe!: for the pay- ment of tho prine.pal of thr debt is hi law a plediro for the pay of the in-: terest also ; that the iuterest js an i:.- e dent of the prii.ciiifil, mid when dm ; is treated in equity j.v.-t j,s th: prhi- j eipal. ' And that while this h; :-:o generally. ! yet iu this particular ere the pledge I is to pecc.ro the payment of "the :-rod certificates of uebr" and those ccrtili- ' cates of debt are made up of the bond for the principal and the" eoufo:;s for ! interest. Ti,nf tho n.1.1 : ,i.,i - . . r I requiring any dividends that :n-:y 1 declared on the stock to bn r.r---!ied 1 the payment of the hi'cres O - -...wbl ..r. 41.,. . 1-1 superiiuons, as th IS 1.1.1 rf r Iv the a to e ) v stock alwaY-l b tlraw tne dividends and ai-tdT tht keeping down the ii.it-re sucii clause. Ou the question vihet'ee. can be sued, they -aid thai generally could. :;o; b su many cases they arc sua!.'.', a multitude of deehioiir-.' the ::ite S Veie:;;iiS -h yet In irnd n:' t a rf foreign courts to sustain thei u- r ikcwiso reierred to no i-.-.im:ra:t and other cases of the United St.dc Conrts to th? sane effect. "Put in this ease thev held that the st;d v.m, net a partv to the suit th-d it wj. eessarv for her to !v. : mrtr hr.t the r,roe e.lin" was to kHI nVer, debt constituting a liri: upon it, which was a proceeding rn eg dust the ins the r-Sourer. Unur mid not a sU: That the legal tit not in tho State, State was rot a r.'ee t: took was ;d tl; or: :it' 1'. SL' stated diat the sha: s had iv issued to the Stat' P.V.d tll.lt if t uuy j llal? : l ' wt re to be coi s!d r; of e.: or d.v as a. trn tie. hands of the 1 read the ibe'reo! defenda- t. dee, ih-.-v wcr. diroud Ce-mp: C'omia::v v. a.- .- tieiei d that the th-r hand, c-f th" Slate 1, debt ie. -::d- d ,f tl :ld that lie e th ;e o. e i h- ..-;U tki:i dire. tie n that th :eyl..e I reas- interest on: av le-v- excluded !! was to be s.-!d 1'oj ii : re-t. What the confr look to the divhh the Treasury for interest and to 1 moid of the prine the maxim ''J'.,.-,, 'Ved de.t iC V- iu t!e. was yr-;i 1 , . 1 . ': 1 -v .:ti 11. 1" -li tho payment he t oc.': for t oal. Th- v r, ecey ill el ioe he pay- . C. K on i ?- ! Thev acrer .i t! ' l .".lid b to be convenient" f r the etoek to be sold by the; Coin t, where the St.il- bad r.o voice, to .;y liie coupons for iotercs!, w:.:eh w -et b" heh !y A , B. "., and here-atlee .'or 1. le. ar.d 1'., jue-i n: tie- bo-.:l. in lh8-.5 xilvu due and a-k tie- State for the i.tock wine!: we had r.ic.lg-.-d to iiiiv t':t princioal. ; Thev denied ein.--il i: iotere -;t bt ing purl j j,u. oi cause a part oi jitu I lliu I.III.lii.l ii... . .; , .1 an, :u-,,-,:ed teal ii stoci: eoubi not tie sold till 188'h dier. sr. id the n a order of sal ibis Cert eeau:,c ih e had th cau ma State is; not a var'v. lfgid title to tiiis'sS.ck, . 1 r,1,,t no in ine nistory o: o r el e r c d t h sal o i : t' hoidee the h-irul the suit. Thisie !1U i!!:n, a decbireiion ()' pledge. .What we: to ; ' The le;;.il tbi- e Court wid not do : it l-ni ev - mdees the a v--rtv to i..ot :i. :n t u.-;: i t: vail' thing. Before Id, the Slate- must Lh'.s eto-eb. e.m b I be im urt to be barred by the judg ment ot the court. j..ut m lace, you i.. t , . can not biirg the Slate in Cour-r, that is d.-nird te. the Ceurt Ou the whole, wo think is i e.s svo l-'ii ta have ae.iutv to ueeiae, tiia i ii, made by the Defendants were wed sus tained : that the Si ate i not a parly to the suit, and can not be niado a pariy, ; oracr ()f Y,i!lout bei'orc u , t; ; b.terest-e.pr j J j , , x , f The deeisio! for with great snme will !. d ent term. of the Com t in looked interest, and we pre- .it ' . e ddm er jl. - V Wuru fi a Slant! oi Flesh, muscle and mind rdiko dettrt- orate wheu the stomach fedttrs in its . duty and the bowels do not rierform. j tiieir part as scavengers of tiie system j regularly aud naturally. In chro ic j dyspepsia the bodv is usually emacia- mind dependent upon tiie st-o'i; sioniaclv lor sup .ud resuLiio this port. Strengthen f feeder of the system with Hosteller's ; Stomach Bitters, when it fails to per- j form its inactions properly. A good . appetite, nn increased ilovv of the li'is- 1 tne luiee. fcnd pertect digestion a tut as- similat'on wid assureaty be tne it eart. The manifr in wliu'h the gK'at ..I onto and alterative (ff-cts a cure 'of dysp-sp- sia is direct end . implo Jt stiiiiulates ! tho diffcstiva oieau Cicnes wituutrt 1 couyu-stusr the uowels, r-SulateB tfo ( flow lnlrt ailJ datcrmmes it m.o tup ; riot channels, and exercises a trun- I ouihrinpr mnnence over the nerves. ' ) te.l nid thr mr.scn'.nr fibre loosa and mile r i sleierh loads bnili. ! v.- nvpmitu-is nnd renew v.obeies. torv of disamxintment3. in soma meas- state lr. several iriends s .1 e xj v.v.tin iiei.toribb-. ,.f rnl T,. .vc an idea of t! toeieir;; ode of t U,;e.i-..4. nnUtrftil wlim thr. iii-ti-fi1 ' nr'e deircndeiifc mioa his resiiss antici i who delivered t rannah. wlr j ... .. ;,....-. ..-.-.i.-f;,.,. t-v-,. f 4.1,;,. i',i -.;:i . li.ot-. .. i 1.,. .,i.i,- ! mfi.ivi: n.-s v-,i n.-,f. oa willinrv to 1 savinrr: his oenaii, anu , ..., ,.,. ,.iQii,r-.,. i.n :,i-.nv .i.-.ir ti,;.-. t .n-,. v.,.ve tie-m- ii re' i !;..,,, - t.-... ... i, ...; wot!.- on1 w.i'.t. be kIiohm 1-10 - unit 1 bin Uic. res: - . iou; i-L Ui j,Lxin iiiiiuii. ntci v ; ii... x. .i.n i. , n ub.i. .n.vv in j. t .t.. iiiiin-i t.iiii'.- :.iuuj rueueivi. ; ..-. m.x..... - . " o 1 " , - . t, i 1 i 1-.i n n. .i1 . . ..-.1 . r tir. ir.l ,1 . , . . .1 l ).,'i.ir lir,t 11, i.i iv i.ri l.i,ii ..iii.x i i y -1. -i . i. ... -x- . -' i.i-wMV ' 5.' 1873. Corre pnn'cnct J-or oik L vuvliuar! Jutcrostiutr SJietcli of urine Cotus try IScnulifnl Scenery 'A n n t Alsry IIroltersT' C'oKSl S!tort Urcat Timber Untitles. Ac ' FxssrcfCToy, N. C, Nov. -22, 1573. ." We have so much to say in this let tci that we scarcely know where to be gin, much less where to stop, ;aid if v.-e should occui'v more space than is allowed to your wandering correspon dent, wc wish it attributed to an nMiusiasm over tha fairot portion oi the Old North State. Yes, the fairest and at the same time tho most elegant spot iu North Carolina. For years past we have traversed tho State from j tne seasnoro to the mountain s crest, and had imagined we had seen and en- ioyed her jr nc'pal charms and attrac tions ; but we find, thut we. are permit t d, for the first tiRi to visit the gar-d.-n-spotoi tho State. Tire historian and . gc-ograpi -In iiOglectedto de cr ?e a auction of more ic-cal and rcai interest than anywhere elserobefonnd. ft may be that the want of mounta-c r.u g s, gushing cascades and raur miung brooks ha caused this uegieet or disregard for tho unpretending b.-autics of this Southern Eldorado. Be d his the result of choieo, prejudice or jealousy, we care not. For ourself, we had long .ineo conceded that we had wiU'OiK-d and enjoyed all the -tHAiTUTZ. A'-: oev:i that this State pos;rc?3cd, and v. ore ready to close our ores to scenes of beauty and atrraor;cn, rendered fainil- I :;;r by freqt .'i:t visit", whru uuespec 1 '-t y wo osf-rerr-d this Southern El- j dorado, and the language of our heart, oiil:u1,- v.ti.3, "jiiireira -I'm e it to sav. were v. vti of nld our I "a habitation and a ;ia; :earc I ' no further. Wo would I tent on this ramp ground! lniturv of tlv 'thole:' and tvecr a his crsr t. Our l v. hose en ; ea .or 'ch; b? j wo were not Jong in hr 1 hostess is a Virri::;.-. !,-, i kcspifable board v.-, J' 1 m,d to fe d h.ijvoy in o .lr-ys. Yes. Cyr.-, -;- (.'.'; ; -i conntv, ' irgiu".;. III! V '1 ; .ar.u--e- oiiics to our r:ei::-ry w.ih : .i ris of t!:f pi conversation v. Si'Z i- ",1 j ... , l i :;:--'! ith hi-.i lu.I i. -io-.ioc , UoiC.O. i. g--od !e..-,lt to be toe;; a:;r oi a c- en'ortable .um-wiio is tin- X-:; s no b Iter hotel ;o 11 (iir oer's ir.'O : t ae hi i.ilii:. le ccuntry than Br t; i! 1 t ! I - V 1 !( :l r Co-; -- tl.irtv 11 : 'TIS ! ; . bi i ! isineiei Aui'.ro.u; l..e 1:1:! taut en ood i ai';.-. j the 1. I U'-cd. i b:e-::-! fu-'-e, f : l .4.' 1 J ' ii ;e marl idavt. w of th. -oaii-.ii.. . ! . a oa. e ( . r it f!e- ":f i- i - - i r in. t;:e 1 -.. !',. ci coto .-a or ;-rv,-i;f v-five i is tin : er ! i-h bt .. -- ; " is ar ..v,u-,t baiii of o-sr ' i.. oovj 1: I WO e-.e: es. He has ea i.t n-e :.r here for f.;..o it .- ;' a tv .,dd i Loi b.i ec two-room '. "J- - e.-h- d, with ic. . 1 i.e 'oiuirg e--ieh - ..i'ud to the :t..e. WC ;d fiH'xlished d rt.iit and - cost of :e. r ' h. j ho wasrt-t. :;;', aeccruiag to the i, from six la t-v.-t.-niy- ek. Tut-y- ;iro. SUp- . wo- :l : -" ; .is riv-i v. I , 1 d bv ( .;Lv.r v. r i provis- j anythir'g their fan- v. ..-ii. 'iiie O' -i-juei ! ieeiuimr ii l . e . -: i-l "e .-.tented mi.l h av. would s ippiv d'ee oca eiev'j t) o i. Ci T" -I, so : eeiri . lO to :ay o Ihtra- -J- - it With e-v et i . I a:;d proeoi venture ! of them I to "-.".j hot v !iis e i -aere- Uiat tii--re ould n t i i . 1 , 1 1 e ii A rhort i iri e. ei .j'ul fei-c: -S.Cllii.'. ieseii: .-tii J. :A"V an I i Jlr. ( V O. n . f Tiiis r, est iiiiok, b i'itevc?-t:7:': , v e , ! read.' rs n tin' t.n n d.-i i he; ds ! o.Oe i wm i ;.i-i lua I: per ir WCel- )0d. t 1 in' an drawing .rmio, a.i'j. w ,v:-'. i. e j ty of i!isfmvvy, of uniforu j thickness. Th-y ceo tlieii or t ied iu b tit tice e eitai r'n size and unehed," frori Ml i to nil umirrics, accord' ng to the s:::e ! and fluidity, branded "H. B. PTiort, 1 o ell f.h-lio-iei iprbr:" f ,io. i; carts, i-iec d upon iiard-bar- r -. .vs. nnd roi'-cd over ro i l, iron a rrnr.vter '-neCii sic hedf a md. ou a wood: tv w-c-re tiley arc ler railvoad ii ears r node to iie s;:ir; lake f-hore. then i led 1 li V WTl llV ie vard ;:;.oir the red to the oppo- de f-h.o- .hi'-.l nrrrt rt.Vti: and ra"ib ay, and e.ai ricd a (lis theeehundrf dynrd to the Wiln Columbia 'e ug'tte. Rniir : loaded ar.d shipped to rani V.'ilmingtoii. Ooliir.e? Si. or over " tee ef vi : of this S'. with, jure and atup laud. Iu er, cy, ie.e:. : valuable i t'e.r-su KWrt: '. froui tliO i .-: bt'iug Ue!iC r edrio.-rhjtiai a a i :iv povii pure: t;ie v.li:o oo o vert ry Board of rods aiipro .rouees arid os bcd'.-- d Ml 1 i ; i ! 1 Under ti l:le i ". by i-ri-. . t hey e e. iiieet te yiohl a- ' ire i ''.til: : ce I -1 f !i ! 1 1 i e- 55 aeeersi .d red .-, a l,i i'i noie-ns av.rrr.x vr v.i.Trr nd b no eiiterpri e in the state, it m the wiiiie country, uvcr sis miles of ia'ho.ul leading in to the swamp e wiiiiic country. c? iiave oee-u , nipieteu, c.-aensivG eted hftlf c.-densivG ! v.-barveri; mid we rauv aidrcds of ,UO-.J biimgiea. Thero a aro v. fci.u i.'ii.er suoiects on t V.bi"b TVO V." .ll t Wlltf! liOOl this ill- I t ,.n.-.s.t in 'T l.r-.ilO I'illii,'!:;1!? Vwj : 1 1 t 1 r,.1 T .-le. M!iv.- ij lii'.vj ii ed-x.n (the Swaeir. Anco i: tho Duke j oi i, tli.e iiUiuoie comma- j dt-r i thrru wi.o.j no one snn ui.-aer t: ,.'.' the svjft .4uud o.riUiodc.is. yiichs , Wand--'v: a i jo to bh.isoe lahiiai; r.nd i List, !uiH,!.yti imt.t. the hu.iuip'iioctor: . si serve tor u iuir.ro iei- , y f xiereiure, MV.n..tu -ang -t iu feeling . oi e i,y :it. n-.-cca : co.arel.s us to stop. to ; - Iruly yours, H.B.J. Specie l:iymciitM. Gohc-ral J. B. Gordou, tho new sena tor from Georgia, talks to the hard money old fogies as follows : '"The financial history of this and every other nation furnishes abundant cvidenco of. tho fact that specie pay ment does not prevent commercial dis asters, and that tho general prosperity of the country does not depend upon the price of gold. A low state oJ pros perity, aud even great poverty, may and do co-exist with an abundant sup ply of gold and silver. This is illus-. j trated iu the history of mo t European nations. Spain and Portugal, for ex amx3!e, where gold and silver furnish the only medium of exchange, and where they are most abundant, and where their export is discouraged by law, becamo the most beggarly coun tries in Christendom. England, on the other hand, during her wars with Na poleon, and for more than twenty years discouraged the payment of specie, and enjoyed a season of unexampled pros perity. Let tho effect of her subse quent forced l conniption furnish us a warning. It. curtailed her productions, deprcssed the energies of her people, entailed heavy losses noon everv indus try of the Commonwealth, and a degree of distress and suffering which it is difficult to exaggerate." iiEsrrmox. - He goes cn to take tho skin oil" the simpletons who advocate forced re sumption : 'T would not be understood as oppos ing resumption when it can take place without violation of the laws of trade. What I oppose is any forced resump tion. Officials and public, feverish v.itti anxiety, rush to the conclusion that compulsory resumption is to re lieve us; and when experience and history r.iipear as witnesses against the wisdom of such a policy these wit nesses are condemned and put out of ccurt, so great is tho force of precon ceived opinions. Let it be born steadi ly hi mind that wealth dees not depend upon the price of gold, but upon the i munulacturesand agricultural riroducts of a v-eople. Gold has tteadilv d- i ti-vu jij jiice wiLii uo since me war; I but has our nrospeiitv urorortSonallv hicrascd ? Eesnri-'.ioh will be easy, i-iV, ar.d s pecdv if wo can encourage i iar: a:;c t reuuntiaiit suoplv of l --..a-Ito.l vedu? -the pre duct ions of this ait e rain-growing coaatrv. li Even vedi-'vh ey, v.hieh must be -r tiian ins'uTGcieucv. ' avoided, is ie' ! iiDe-i a c-i. O0-,;.l iter oaouanol chavteis n te i.niiing companies I a:el p r eii'i nation, uotwith- ;il)lo conduct of o-iiao ti-..;;i i-iitiruiion?, r-ho more 1 her prodrictions and ciicaiatioa oi 2,000,- 1 1;.; ' OIUC ! 1 i! ge-iu. not cxceetUug ! TV ( d ,-.. . r., .:. -.ti, .,w s ui'-i. ioau t o resumption. d ut t ho smii' time for the debt-bur- deee.l Suth tho beet bankrupt law jCor i'c-;s couiii ceaet. vi itn ngiu econ-chcr-p freight:-;, and low interest ! on -uiocey, v,-e could scon find our way ! G'ir troubles. Resumption now i 1 Tore;: i o:ea;: YTiat need have wo for p Id except in settling foreign i i lance.-' it i-ncr essential to dejaes- ! sic trade, which ail experience proves ' UL h'-'htic d eoirouribt agreo afibrds i the grc-ueet revenue. Ii everv dollar - . - . , i Ul "; 1 -ie i-:.ui.nea irom tne coun try, ar.fi every g.uct anu silver mine on tho coiitiuont were sunk by an earth- ..... 1. J I- ...t Tj--j ..1 j iiox.e, ii, ',ut'..a not uestroy ourweaitn I nor dereaej vtir urjsueritv. provided l iu b. u thereof v.-e possessed a currency L-ncy fP 4-1,. waiita of domcs- :n! prod tie is of our land and I.lbOiT.l et mc repeat, are our wealth. u. t t b.- t. . . .. i 1 -i i f i tl...:,. f.ril ,-t,.t o.l ilfnn wl r i;r will needed foi - O -r,:, fvoirr-i ny foreigu ; E.::e in -:RiMt'i' I.--cili.t!i. eipo: taut decision I was recent, y reiidered by the Circuit I Court of tho United states for the ' ws-eru i)ittrict of Tennessee: i o'ja. rir coei;x or tnis uNirEi states j:: Tiu: v L-:ri;u,- i.isvi.ier of tes- MiL. ". .. i"...:".' lC a!, Ji'Ain of 1'uvlor Sii.it : ' Iiund. dc-ccaeed, vs. ,ti r . . . . 0, tl. ! ii. policy Ox insurance whicu lnueni- j iv. lies e. public eneuiy against lo..s iu : teied nto before hostilities, is ab:o ! .a 1 ...s. il. rrrv ix-. "e.ted when they occur. Tho relations establishes are iilega 1 between bei- geieu-. s. Where a life Ticlicv provides that it ! shnil be voei upon the non-payment j oi Tireiniums within the time i rescrib- ed, such payment is a condition pre- ceaent; time :e, oi the essence ot eon-trae-, aed there ceil bono recovery if punctual pay ment is omirted. Where tho performauco of a condi tion piceedtiic becomes unlawful, or t !-.-.- il:.. r.'-t. or Go.b imn.-R.-iW i- V.l.i lie" aittilO a recovery upon the contrfict v-itiiont pwrformanee. Such case uistmgni?ked from those in which snbaequeufc irepos-eibihty and illegality art' : cited ujisii as a defence. A routine: of inevjrauce, the contin- of and h depends r.pon theelec- of the i!inred, is not u oii'igation of which is which in suspended only bv "s oet -i ceil members or a eorj pre: eilt i ration for mutual insurance th.? cviis and are dissolved the same reasons as those The re-- ens for ti'o'i'ossoluiion of e -ecniOiY contracts bv war are not iintrv ceoeriiiei :.;e.e CO: such eoidr::Msi;ivoK-ein:er- " cio.s tiro JiOt.t;l-j aces, or l"'i:l".' 1 -.--. -,-vf. .i i- ! to eeeee-.i . vtit rrere ofpttiaily because iu le cveen'io'e incrcpsV-s the vCponrceB . e C!it :;iv. e'-.rrrt ot :v t . d an a ihty has ji-t aathoiity' -eciiio performance of 'cc: it iii favor of a party v.- ho has : ! is : l! tleu 'h :d to perform a condition v.'hieh .'. e i. . fx. i 1 VJUVliLi'Jxl i-i l U, .Voce of the contract, id- en ted bvits becoming sub- ecel or i nines-;: bio by act r. o i pa pi G.xd the act 'cf !(,-.... i Tiifvp sucn act was r.ifreiv or- f tioioib : i the other party had no ri'-h: to enfovce its perforr.tauce. ! ito piroct-t ot oho rcpresentincr nn -u ; ceiap.mv, autuorizett to re- 1 (lOilei, i v eio- d ec Jordan for dc- . fe;ide:its. It has been determined in Liverpool ! IT. -if (vnnr-iftun nf rtnfnn t-i-f iLr i.i1ef i ...... I .., pn,. .i-ifilniolltr rl.-wiln thi number of bales .-.eld. the tone of the 1 .iboehet, &nd tiie quotations-: j ' ' . b Fort Keariiey, in Nebraska," was bud: iu ldl7, but has outlived its nse- rnieeese; . it wm bo puilod down,"nna its Lire.bertA raado into sheds for the Union Pacific Railroad. The remains of Sp.va.ed Horao and othe," buried there, will be removed to Fort Mc-Pherson, e ei-e : i . noi-we r.-!ievi- ' f-It the uiviksurc: unnii him of bifnisn.il t Suite eaunor, OO v. . i-.-...i. i',iV.'-r,.t n: .V.iiHnff tn ! y.iftc. Ti.c b.urt of . w;mi i.i i bri denied. Fux..whicii poaition : t,nr. - i. -nK.v,t. I i.-k i.lnno.i' Tlio .o.-.i-fnl fT. f ., v.iJ?ii.7 ' c:t e.d as autlioritics. Corson vs. i i-.,... ,.-iic..ri tui o-nn.m. i'lixT.-iet-!. on tnrftr' lint on fn-r tbosn !ie'S"et in don 10. Howard llo, Green vs. ti'litr e.ris-irif f . . oxi HO. 47. SUNSHINE IN THE HOUSE. BY T. S. AKTHCR "Take that homo with you, dear," said Mrs. Lewis, her manner half smil ing, and half serious. "Take what home. Caddy?" And Mr. Lewis turned toward his wife,- cu riously. Now, Mrs. Lewis had sioken f.n Y S the moment's impulse, and already - j had pavtly regretted her remark. "lake what home?" repeated her husband. "I don't understand vou." "That smiling face you turned upon Mr. Edwards, when you answered his question just now." Mr. Lewis slightly averted his head, and walked on in silence. They had called in at the store of Mr. Edwards to purchase a few articles, and were now on their way heme: - There was uo'smile on the face of Mr-. Lewis now, but a very grayo expression instead grave almost to sterness. The words of his wife Iiad 'taken him altogether by surprise ; and though spoken light ly, had jarred upon his ears. ' The truth was, Mr. Lowis, like a great many other men who havo their own cares and troubles, was in tho habit of bringing home Sober, and, too often, a clouded face. It was in vain that h is wife and children looked into that faco for srmshirif or lut. eued to lr's words for tones of cheer- or imness. "Take that home with yon, den r." Mrs. Lewis was aueady repenting this suggestion, made on tho moment's im pulse. Her husband was sensitive to a fault. He could not bear even an im plied censure from his wife. And no she had learned to bo very guarded in this particular. . "Take that homo with you dear! Ah mo! I wish tho words had not been spoken. There will ho darker clouds now, and gracious knows they were dark enough before. Why can't Mr. Lewis leave ki.i cares and Lusiness be hind him, and let us see the old, pleas ant, smiling faco again. I thought this morning that he had forgotten how to smilo ; but I seo that he cau smile, if he tries. Ah ' why don't he try at home?" 3 So Mrs. Lewis talked to herself, as sho moved ulonjr bv tho shla nf'lior husband, who had liot spoken a word since her reply to lib question, "Take what home?" Block alter block was as , passed, a:ul Stieet ailtr street was : t hum utu nas iniciice uC' vwet-n them. v'r c,-;ur.-e, taiu Jire. Lev. is, j bnult s were kept, however, and even spea.arig iii j:er thoughts. "Of course j ings taw them; though not for the out he. is ofiended. Ho won't hear a word side world. Other, and many even tvera me. i might have known, be- ing sav- tho same cheerful smiles, and lore-hand, that talking out in this way ( the same happy home. Ad was not wouia omy mae things worse, Oh ! dear ! i ni gcthnr out of ail h irf" n nat then, Cacicly ? f " e' ir aImost etarted at the sound ci xier husband's voice, break- ing, unexpectetoy upon her .ear, in a j softened tone. "What then ? ' lie repented, turning toward her, and looking down into her shyly upturnetl face. "It would send waraii.ii and rudi' anco through the wholo house," said ii.r,. Lewis, her tonus will: feeling. " 1'on think ko ?" "I knov so ! Only h this one evening." a-trc-mbh y it, dear, for j "It isn't so easy a thia to put on a smiling face, Caddy, when thought is i oppressed with care. i ..-' ci,u K "It did not seem to require much i eflort; 39t UQW." said Mrs. Lewis, giaaciug up at her husband w. th some- thing oi archness in her look. Again a shadow dropped down upon the face of Mr. Levels which, -wp v. iS WiliCil .way, finer agi i oar ain iO W1UKCU OU IU bUPIlf I I J , . . , 177 -W- - 1 "TAT 5aia 10 ner; self, the shadow on her hus- j band's facj darkeuii.g over her own. "I have to be as careful o" myself as j if talking to a spoiled child." ! No, it, did not require muh effort ou the part of Mr. Lewis to siniie as he passed a few words, lightly, with Mr. Edward.. The remark of his wife uad not really displeased him: il had I only set him te thinking. After re- mannug graveiy silent because ho was I undergoing a Laief fceii-cxamiiiiion, j j Mr. Lewis said : ... I i -iv uiiio m'u "lou thought the smile eriveu-to ixi. .L.tu. v.-eti 1.1 tiauic t ;:miv euoiifrti "IT., I. I . -1... .. 1 l- 1 "it did not seem to require an ef- i fort," replied Mr. Levia. j No, not much effort was retiuired." : said Mr.' Lewis. His tones were slightly depressed. "But this must J be ta iien into the account: my ciiad i ".' .....ii,, in, i wa a cfm state of excitement, or acavity tnat r. pressed sober lecongs, j and made smduig an eay tning. So . o- -IJ ; we smile and aro gay in oompp.ny, Trtt cost of. little efiori, because all arc arO spiLug and we ioel tho common t He fnrther contended that if the defen shero d excitement. How different it j dant cmqcl not be enjoined as Treas is when w-e are alone I need not say. he could ho proceeded against lou, Caddy, are guilty of the noher inaiviaaall y f o r paving out the special face noma as well ss your husband.- . tlx or g6aerai purposes. Mr. Lewis spoko with a tcnaer reproof t - , , nl, in his voice. To pursue the aiument of the coun- .'nnfrtn.f?ie;., ,... m ''sel m all its ramifications would be yours oftener than you imagine, my husoand, rejjueo: Mrs. Ajewis. "Are you certain of that Caddy? i.,V,, , J Ci,nY; " erv certain, ion iaaiia liidrt and shadow of your home. upon us; give us eheertm words: en ter into our feelings and interests, m there will be no. brVghter home in the land. A shadow on your countenance- ,c,ii,r.nr.,.uurn:3 trA rASr,pA on iim. rw j again his wife began to fear that she ! had spoken too ireelv. But he soon j dispclkd this i:;.presisi..u. for ho said: ' .ir 1 1 . i . ... . "i am gsaa, v.aaoy, tour, vou have spoken tb.us plainly. T oi'lv wtsIi tbaf- .1111. 1 ..i you nati tioiie go ueiore. i seo now it is; my fciailes have been for the'out - Kill it in ither loved nor re- arara me, ami mv cJouded brow tor the dear ones at home, for whom thought and care ate ever-liviriQ-activi- tics.' , : -w ' Mr.' and Mrs Lewi., wero now at,r their own d-'-or, whcio they paused a t j ir.oment, and then w'entiu. " Instantly, I on p.isbing his threshold, Mr. ' Lewi : busir.PS intereourRA. rsr.iilv to ..i,. o.t,.,-' " t .- t i lniunctiOii acainsc tr. ilf. .v.. -b,. i-oo. : only, -autt to restrain him :i k.m," ' ' " oiilcial acts ou ly, aud that l.? 1 1 1 U llti'.l. . . i . j ! 1 -r t t. iv. i ... .. :i was soucrht out of HIS pe xxeaii .xi, jjei v. iuteii , ou 111 isli- -' cnee-. his fned t.ir!v n-.-rrl r-,1 foid ' II. That the suit being ehaiigc, and a sober hiio to succeed, e 1Y. Thirt the case of Osborn vs. Liko most business men, his desiro ; Bond of the United States, whica was for profitable results was even far in commented on, fully sustained tho de advance of tho slow evolutions of ' fence as tho injunction was then award trade; and Lis daily-history -was a his- f od bc-foio tho furjd paased into the ! like many of. Lis class,- neglected ' iha ' pearls Uiat, lay here aaa tuevo aiong ! his life-paths, becausa they "weio in - 1 feribr in value to thoso ho hoped to fi.i.l 1:1st: O pnntnnnpniift xrns thnt. -whpT - the day's i littK in ndvance. Ana business excitement was over, ins 'mind: I fell into a brood -ng . state, and ered over its disappointments or lingered over its disappointnjerit-i. looked forward with smiling hope to the future for hopetn many things had been dcierredt; .And so .lie rarely had smiies for his homo. A7 ,.-.. e . 'Take that h me with' vou. dear." whispered Mrs. Lewisai they moved along the passage, and before they had joined tho family Sho hadaa iastiac- EEE WILMINGTON JOUENAI ENGS5LIIAET) " & SAUNDEBS, . ,. , Editors and Proprietors v- . ro WHoa ah. iettzsj oh scsnfEsa mcsi vb . TEHaS OF StBSCKIPTIOS 1 Trr DAILY JOTTHNAL, Is mailed to b at Eight Doliars per annum ; Fova ;I"?i.t,irixI?onthii;SEVE;fT-vcsT p n',?nt5. for ahortcr period. .bI'EKLYJOUI1NAI' at Two Dol--ars per annnni ; Oke Iolt.ar for six months. : subscription received to tie WkjmxT for 8S nan six months. tivo consciousness tha her husband was m danger of relapsing into his usual state. Tho warning was just in lime. "Thank you for the words" said he. "I will not forget them." And he did not, but at onco rallied himself, and to the glad surprise of Jenny, Will and Mary, met them wi"h a new face, covered with fatherly smiles and with pleasant questions, in pleas ant tones, of the day's employmeats. The feelings of children move in quick transitions. They had not expected a greeting like this ; but the response was instant. Little Jennie climbed in to her father's arms. Y,Till came and stood by his chair, answering in lively tones his questions, while Mary, older by a few years than the rest leaned agdinmt her father's shoulders, and laid her. white baud softly upon his head, smoothingback the dark hair, just showing a little frost, f rom his broad -manly temples. - . A pleasant group was this for the eyes of Mrs. Lewis, as she came forth from her chamber to tho sitting room, where she had' gone to lay off her bon net and shawl, and change her dress. Y"ell did her husband understand the meaning looy sho gave him; and warmly did her heart respond to the smile he threw back upon her. "Words fitly spoken are like apples oi goui in pictures oi silver, saia JUr. Lewis, speaking to her as she came in. "What do you mean by that?" asked Mary, looking curiously into her father's face. "Mother understands," replied Mr. Lewis, smiling tenderly upon his wife. "Something pleasant must have happened," said Mary. "Something pleasant? Why do yon say that?", asked Mr.' Lewis. "You and mother look so happy," replied the child. "And wo have cause to bo happy," answered the father, as ho d-ow his arm tightly around her, "in having three such good children." Mary laid her cheek to his, and whispered: "If you aro smiling and happy, dear father, homo will bo like heaven." Mr. Lowis kissed her, but did not reply. . Ho felt a rebuke in her words. Bat the rebuko did not throw a chill over his feelings; it only gave a new strength to his purpose. "Don't dis tribute all your smiles. Keep a few of the warmest and brightest for homer "r.n?n TVTra. T.nwid "r-ar-i iurs. ijewis, a3 alio parted wita , ner husband the next monung. He i kissed her but did not promise. The Mr.- Lewis a better and happier man? O. m!!i- h was. And no wnrdr all mou be, if they would take home with them tho tmihng aspect they so often exhibit as they meet then: fellow-men in business Litercon intercourse, or exchange words m passing compliments. Take your wniles end cheerful words home with you, husbands, fathers and broth ers. -Your heart j aro cold and dark without them. XE7f j SPrClAL TAX IiJUJCTI CASE. XHc Cao ficued by TIcetsr JJuclrt Bsforo the United States Circuit Court yesterday in Metropolitan Hall, Judges Brooks and Bond presiding, the caso of A bred Self, ct. al.. vs. D tvid A. Jenkins, oiiginally set for Wednesday, was taken up, and upon the announcement of readiness by tho i.. :i -T 1 jliioio wero discharged until Monday next. The case for tho plaintiff was opened by Walter J. Budd, Esq., of Philadel phia, in an argument of more than two hours duration, which strongly pre sented the -grounds upon which the plaintiff resfed his case. . He read the Constitution of North Carolina, and the act authorizing the issue of bonds to the different Railroad Companies cf the State, and argued from the opinion of tho Supreme Court aud the testimony ot the defendant. David A. Jenkins, before the Fraud Commission, that the bonds were legal received the endorsement of all tho departments of the. government of tiepartmenxs oi , . ' . i .-.rt-.i i irn aroima. no read a nusnoer of cases to show that tho Circuit Court had jurisdiction against the defendant,' a.s Treasurer of the State, although not against tho Stale, to nomine. IIe then preceeded to read the acts ,v .m t- t cnrwiol f5T moov disposing ot the special tax raed by the act authorizing t of Lond,J and nred that all ft mnmtit W.l the usuo ftuch leg- islafcion was repuarnant both to tho ' Constitution of the United States and e -tl, r,.n;;.,n ni,l ef nn effect impossible in tho absence of a steno graphic reporter." Mr. .-Strong, in behalf o the defen- dant, maintained these propositions: I- That no relief could be granted 1 aains!;' me tie'ieii'iiun i7ci.jou.oi, m- - . 1 ll . X m 4-1. 1 f u 1 ?nrJthJS ior a .VltiZ?S f -" m11 ef, Tho claim was therein made on him, a no remedy asked lor m tho prayer was an him as an officer from doing no redress rsonal means. against the ' 'defendant tin Treasurer of the State, I used to restrain him in his -official ac- i t:ou was in suosiauce, ana in lacs a ! -i. X Xi.., t!lJn .-,.1 In ,lif.f biuu aiui. mo totutu, anu. , u.. vioiation oi tuo inn article ox tut; 1 aRrouuiiii-'iita to m vuiia-.ui.w. v 1 United States. That this principle watt . . . .. r-1 . TTTT I ,11 rtT T nit ..iuUy esta0iisiiei oy tuo ca&es w w- ; cmor oi uccoi-gai o. .uimcaxu, x xo U. S. Rep. 123 and the more recent 1 caso of Kentucky vs. Dcnnison 21 Howard rG. HI. That tiie State was a n party ai-.l no order could bo l feeling tire money in her reas less hhc wf.s before the court. HI. That tiie State was a necessary jarty ii d no order oculd bo niado al- reasury, un- and as a eued tho rehef must s were Millan- Susan ' J. CowleS 171. and other cases. jasury, oniei iutico xi.arutii lie opiiiroa ot tne court, ular course cf things tho agpit would pay over the money iiuuieuiiuuj m iuoiiuur. -u- v. ! thus place it beyond the reach of the- i uwocaii,- jMi'W s.ncc uis principal i . tm iroiwawK, t tun,. : - -The : CilSO -Will bo conunuea - tins morning, . iaessri. . ixeuip re. XMttUAaou j Jno. G atiin g arguing for tho defendant, and R. C. Badger, Esq., for the plain tiff. It,i4 not, thought probable that tho non-exievwuy Johnson, wno aiso opijoors for thw phiintiiT, will speak be fore Monday, aa tho other counsel will doubtless occupy the attention of tho Court to-day. The petit jury was dic&argett Until Monday, (dgh -Ywa iA-?eTe of death. nes, t