?TTpT?r \TV' PnlTHT OF NORTH CAllOLINA f uolimitpj tfrm**, ‘he only restnallon upon U bcmg !!»»*•
FKLMh ^ BupporUng *’;mie». “no .pproprMioa of
mosej to that ase shall be for a iong«r term »h»n two
TOArs."’ (See psr«gr»f)h 11 of the «rtio1e and seouon
loai
Jij •';) ill •'!»> HabOM ‘■orpuB 0»0 of
%D a. W l.TO.'^ T1. T. n. QATLIN.
f record.rri in this c*s9hrfsro th«
!$ CO 'p It
n - .1 »
-T . « i 1 ?-x5T of '^-0 iicno", she
■•ivv'a'vjd in a r)fo-s- e UTig *•
ll'i"'’ TTb'C t :i* ju'ii'-
^ »H‘' p titi n o? t‘i?'
\ i tS-' Tet'irn of ofiijor. aad
qir- ii T wh«ihcr tie act of i^u Con-
Got'ii ■' : aprr.>T-'i tho 6tH daj of. Jaru'iry
1864 and * ilcd ‘-An act to pnt an i'nA to th*» cxems-
ti u 'r m milUnry eertica of tho.ie who h-iT? herotofore
farnfab. J subHHmJo?,” i« onstUutionil THo act ia
1b thfiso words:
“Wberea-i, in tho p”c^''at oiroQTnstanoes of tl»e ooua-
trr, it requires iho aid of all wlio are a^l** o bear arm^;
The Cor.jrett of the Confe leratt States of Amrrtca do ei-
act, *l>&t ao pers'jn shall be OTr'sipto-l fcjs’a mililarv ner-
vioe by raas.’'! of his hiving furaiahed a substi.ute;
bai (hie e?t ehall net beao oouBira?d as to affeot persons.
who, th jujth Qot Table to rendar military Reryias. neTcr-
thrl' fr n'p'i' d fubp’5‘’;*os ”
i";e rhi‘■'•Jastlj.', iu the opinica which lie li!*j filed
• 8 'XiKioatory of the rt'aaors upon which his jadgment
W43 fvjuadcJ, has declared that the petitioner, having
undor ttio p-ovis, aa of the act of April 16.h 1,882, fur-
niih.ii a Bu^stltut«^ aad obtained his diecharfe from
mU.i*ry e-iivios, madu abiuding o^^utraot with tae gc7- ;
eraai-'St, w ;»cli Gosgress had no ooBStitutioaal power
lo vio’.*t;. Tho quoBtian thus presoated upoji the con-
Btittitioa liwy of tia aot of Januiry 1U61 ia in-entod
wit 1 Diotn -. loua iropsrtRnae, aad haabeea ar^ntd bc-
lore u' 'Tiia very frr^al i.'skl anJ ab»Iiiy by the 0'"'UB'!C'1
cn bjvh 8idf3 1 ^•^3 ri-rea to tha ar^umen'tS all tbo
onaaii'OratioD i3 my p-wor, aad w ll procatd to eiat^e
»h-> o.,'r;.!ujion - t K'lio i I haye arrivel acd ta« reasoas
whioh cavo* o'ulusty.i ra^ t"? it
Ti’e g-37'"rn ea!3 nhic’a tiio emisraTitB from Qraat
Bri'jjt4n fjlabUshed ou tUis conlia*at ia tha IGiH aud
I7th c'otariCB W3rj 1 ’4 ly imbuai with Ihe priasipled
of the oouuiry from w' iwh they eprang. And even when,
in the 18r.'> ceni'iry. they sev^rpd the baada vrhioh bad
003':- cfsl theia niih the mother oouQtry and Vcaa>e
fr(*» ar;'? i'x icp^ j-iect S. t* --3, the new goveranients which
theylwTmeu, though diff'.riug widely frJra the old, still
re"»i^eJ, p«vrticaiarly in thoir Legislative bodies, muny
of the atfnbuti'B and ciach of the spirit of th*) nation
front whioh t^ey oraiknaied. The source from wh:jh
Loffis’at-.T.i power W43 eupposed to he denvsd in the
D'%tion‘-'lit:es of tbo wM crii ca-^iiaaat was very different
trom w' it it vfis in tbT Eistcrn, but the extent of power,
except ic toe c»S8u of a rtstrioiioa by a writtaa cocit;-
varied «ry little in the Lojislrttirea of the frea
Sf ~a of Amjrici fro"a th(»t of the parliaraeat of Great
Drit^io. P. viij aid us, then, in our iavestigaiions, to
iiqu r3 whit wero the powers of the British Parliament,
an*' those of iht. ssvoral American States prior to
the fcrmttioa of the ^jveramaut of the Uaitbd States,
ani eab’-qa.'ntiy of thit of the CJafoi^rat8 States
Xhe power and jutisdictbn of rart.aTaent (says Mr.
Ja4i.ice Biaokstoas, viaotiag from Sir £iwar Uoke,)
are t'aaaceadaat and absolute, that H cannot be ooa-
fiaei, either for cvises or ptrsoa^^, within any bonad.^
It hstii sovereign and nacoatrollctble authority ia mak
ing, oon&raii'>g, calargiDg, redtraiuing, abrogatiog,
r»pei»iing, reviv;ng ani expcuaiing of laws, caaccraicg
maitors of a'lpos. Viu en>nsiaation3, e3cl«sia3i'o»l or
teiapjrai, oiJi;, iiiilitify, m^rivim4't crimlu'il. * *
* * » It car, ia short, do ovorythiag that ia not
oatarally ij:po=sib’ % and therefore som'j have aot scra-
pled to c»U ii.9 p37e", by a fi^ara rather too bo d. iha
“omnipotf .ioe of Parl.saent ” la the exer ai^e of these
vaet powers, wj know 'ha*. ;a? P.*rliam;nt cl .i.^id »-jd
ao'ed up-tn th2 pnvil8»e of viMatiog cja-racH. a-id of
taking .%wi».y ra«iei right^j waea it was deaai^d that the
good of tho coiatry rrqaired it. An interesting in-
Btano-j of i’j3 lattir kiad ia aeea in the statute of 9 aai
10 Vi-j. oh 51, waioh openai the Court of f’omaon
Pleas to the crauiioa of the Bar ganerafly. Prior to
the year 1831, the Ssrgeaats at Law hal had from time
immamorial theexolua>veprivtlec'e of prao'.isiog. plead*
Ingandaudtenoa intact Coart. bat in that ye%rhi3 Majes
ty, King William 4th, issaeJ a warrant under his sign
manual to the Jadgea of the Coart, commanding them
to open it to all the other members of the Bgir. Tho
Jadj^s did 80, and the Sergeaata, afr«r aaquiescing ia
tho ch^ge for a few years, broaght the matter to the
attention of the court, aad questioael tho authority of
the orowa to taka from them a va!aab!« exclusive privi
lege, waioh, frsm tha very orijia of th^ ooart, had baen
vested in them. After a aolema argument, tho coart de
cided against the pjirer of the orowa to Jo want the war
rant hai comn^^iad. bat admitted hal it might be
done by P>»ru»a»2at, ^sja 87 Eng. 0. L. B^p. 333 aad
8'’2j) aad it being a ri»f3ra which the b'lst iatareets of
the ooaatry lea in iod, ii w%i ao J3aipli8>.ei by the statute
to whioh wa have rf^-ijiad. . It ia iaatin* taUiM
leg'sl'iion or ^irait to SV^, l!iat th'>'igh they
pnaseas tail traasoeaieat power, aid have snrn'^tiinei
abused it. t- oy iiava lu tt»5 ma>'.i basn very fioUo»toas to
secure =.ji\3t prirate rights-, aad to pressr/e iavialat?
*u« ptjbVtc fsith
Vfe coma now th-ti Lsgislatares of the Anaarlcaa
Stales, aftw th^y aal gtiaeJ thair ia^epeaJonce.
When established b/ iha paople of thoir fespective
States, thes» b>>lie« wer: inre^t^J at oano with supreme
Lagislit'-ve p’wer, ex;a?t in tae pxrtlca'aTS-in fthiah
the peopls tha.TiiiU^i- •la^nablj i ia Coaveation, bad
restrictjl ta:m by cicstilutiaas Sae Hoke vt.
Jle-.derton, 4 Da? 1 A-a-n;; piw**-.' »rnch
thj/ c»^;os*i * >d 6X?rj;ici. was th-^t of resuiur>g
griatel laaJj, aa l 0! o acrrr'sfl ia‘prf3?iag wUh t'te
obUgatuas of exjj’aul aal cx-jjuviry 3Ja*r»3iJ. '‘’his
ispro7ji ojih ^ iU'= ^l vH jaicU! raaord^ of
tha country ■■■ 3' Oto'in "^s Svtii 5
Rep. 620 (1 3.1'* 11)'8 j I' - 3 i^ipg J.-.SJ direo:!y ia
paiut- Taj fioii ara '■ 6i\ z\ by luj R ;p,rt.er bjt
fnm the opinic»n of tse 3 jpr’ma Oaart, as da!i»er'i by
Caief JastiC! Mjrshall, tiiQ co.m will be Bc^a a? f«Uo«B:
Tno w*9 b'oaght ia t j;rauit Cjjrtoftae Uaited
Btstes for the Disiriai of K a ueiy, to recover a lot of
land lyia* ia Ciridtawa. Tiop.iiatiff cli»i-a€l uaier
a ratan'- «^u;J hy tbo Oo'nni3iitr3aUh of Virgiai* ia
17sO A p«t 3' the 6»n: laid was a'tirwa'ij. iu
178S, graat’- ^7 tis i: r.‘j a: V-rgiaia t).oth3r
pers3T>9,fia deTaoJ»Ii oliiaai aiJ.r fac-a. A
verdic?. ».ai ja wore rcaiared f.r (aa Ivte*'. upon
thegrja::! 'tie ,;j wi'i n>j ie*l,
the oi t'.; Uaitel Siiic-ji-ftd .lot bacs .liopt-
ed, th*)i-efjre tho prohibitioa ijpyn t‘a« Siates to p^^s
laws vio'itivo or ” 0 a.am?l-in tb-\' c-sm'^u-
t*on did pot ap^.ij. h ^ (hare wis a r.-,3f waaie a
pjrool of I-i- I V in .3^ pt rem by - pVv-nt, wUioh
was aa e.ojaioJ o a‘-^jt nai t\Lca fr -m him ^.ai
graatod ti 0? H'. h.r'i'iraTs of »!ie Sime
8t%te thv. b^i i sa l t,ia pifoi*. aii y«‘, it wij ^ai-
uiaed by t'u c - irt :a the Uai:-1 Sta'eg affira-
ing a jiigcaj:.t, na; of oa3 of ta-3 dvate C'ar;,3 bu; of a
Diotriot o.an of too U^iiad Stst23. Xiit ^is oaa
mode m wh;ca ta» obugVwion of » ooa.ra=t was violated
Another very o:mm.r. oao irae easn ia tha pasia^e of
laws by woiol “worih’ce; laaJs and other property of
no value to the creditor w- re mada a teoie- in p»ymsrt
of debts; and tha tim'i of payia^at stipulatei ia the con
tract wa? exteaJcd.” 800 S‘urffis », CrowninthHd
4Wi,oa^. Rep. 122, (6 Cartii 3.1) Tacao msti«ces
sHow c.-*nalmiT'l/i.*. L of th3 different
States, priirtot^o »i j of tie F O^jistffa-
tioa, nia pare.' 1 v oNr^ 0 .utrao'.s whtinay'r
in their f^iimatua tha gjjJ of faa yia-e rcqiirad, and
the Couri 3 iVIi, CO iitrii I i gia»»ian
adjaisotiions la fftTar o; t.aem.
Lst 03 now 3-!3 wuat, powjrj we>-e ve^ta • la t’ 0 Cca
gress of Iho Uaited Stv,->a. The Fcderil givaramant
was eatao isbed by the voaple of the several Sta’es -ia
order to form a more perfect Uai .a, e»tabUah jietice
iasure dom.'atio^traaquiiiiy, provide ftr thj ootnmaa
defenoc, promote ta*? gan ral welfare, and essura tho
blessin»ij of iiherly to tn-aQJaiv.iji aal their o^trrUy ”
To acc'tmpiiaa t’lens all itapo’i-ta-jt o’ j-s'it.i, p^ch *S.at>
snrreudjrc.l a pfrM.on cf its sav;roi.j.uy, tud TAjte,! it
iu the naw govarnme-t. The aUribui03 of eovaroigaty
thus given up were those which coacexnad tbo foreign
relation *f the gavarnmeat T v)t>, we fiad r,moag ike
eaamerated powers of the Federal constitation the
great ones to hj and co'Ieot taxes; to borrow money;
to regulate ocmmerce; to declare and coaduot a wa^
and to r-iee and shrp'rt araiief and navies. Thfea
powers wore osseaiially and absolutely neoaasary to
eoab'e the Uaited States to take aad maintain ila stand
among the aationa of the world By looking at the
oonsUtuti&a, it will be seea that the powers are given
with very few express restriotions. and with none im
plied except what are necessary to the oontinacd exia-
tenoe of tho Stale governmants. Whara !t is said that
the Fei'ral gove’-Dme-t in one of Umi'ed powers, ir is
nottol rii.= i P' frii‘3 ia cha ot-a^e tb^t ;«,U Us.
powers, 6 ijr t;.o u -or^’-s of w.%r acd
^ o'o-;ji>acicc, arc
m. gr^uteiuliinit-
oa. .V w f'-r cx; Te-b;or-, lita, ia tiat it id a pov-
ernmon . 0; «i«merot#ij>owor8. ri:af,-taau that .f ona
of limiUd f, w«T3 l.ie trn*V h.a a, to tha power of
regttlV.-;i adorably dc.H«os»tratcd la tho
•bleao^. lurcr.V'.ii'.^ ospositioa of tbs natcra nod rxt«at
thereof con amet^ iji tha op^ni jns of the Jadirgs ia the
great ciwe of OMoru vt. Ogden, 9 Wheat, jiop. i • («
referred to above.) Tie first duty of a naiioa is that
I cf pelf proservaH-'n, and to that ond ' it' has a '®
■ ev.>ry fh'as: ne-jessary for it^ prese^'vation ” "
j Lae of Book 1, ch. 2, See and I**- * ®
I ir'ftfcrs of top Fedaril cons»itnt5on, being men no epa
j d '■rguisbed for a profoxiid kti'H^cdge of the prtnoi
• plos of gov"rm;cct t'.jan for ratriotiuia, knew this aa^
' ttcto'l accordins;ty. Thoy were ma'itor-workmen, ana
the of govornmont wh;ch they erectcd, - /
t?pk e^pscial cfvre that (hose for whoso use it wm »
tended shonld have ample means to protect it
wc *ind in the 23d No of t»e Federalist,
declaring that “t.hfl authorities essential
th- common defenc’ are these: to raise armies, to buiw
aad equip fl^eto; to Pr?soribe lules for
of bctb; to direct their operatiooe; to prowde for th^
support. These powers ought to exist
tion,- beoa>’s« it is impossible tw forespre or deflpo
extent and variety of national exigencies,
reep-'ndcut extent and variety of the msans which m»y
be neaeasary to sit:sfy them. The ‘“t!
endasR;r the safj'ty of nations are infinite; and^ for thi^
r»aPon no constitutional shackles can wise'y bo imposed
on tha power t» whioh the care of it is committed
» * * * Thi'i is one of those truths which, to a
correct and unprejudiced mind, carries its own evidence
along with it, and may be obscured, but otnnot be
mada plainer by argument or reasoning. It rests upon
axioms as simplo as they are universal—the meant ought
to be proportioned to the end; tho person** fron whose
ngcao' the attaiomcnt of any end is expected, oiig>t *0
passcso the meant by which it is to be attained. To
tht same effsct speaks Mr. Madiaon in the 41st cumber
ofth» same work: “Is the power of deolMmg wm
necoBsary? No miu will answer this question in the
negative. It would be superflaous, thoref-»re, to enter
into a proof of the affi 'oatit# * * * * is
the Dowor of raising armiss and eqai^ing fleets
eary? This is involved in the ferejromg rower It m
involved in h« pewer of eelf'defenoe. But wm »»
neoesssry to give an ikditisit* powir of raisiisg
TKoops, as well as providing fl?e*s. and of maintaining
both ia »*40» as well as in w.inT Tho answer to these
question* has been too far anticipated in another place
fo‘admit an extensive discus'ion of them ia this place.
The answer indeed seams to be so obvious and oon-
cJusive. as scarcely »o justify ench a discussion in any
placa Wi'h what color of propriety could the force
oeoessary fo? defence be limited by those who o^nuot
limit ti'e foro«* of ofFenae? If a Federal co'stitution
could ouftia the ambition, orsetbocnds t> the cxfrtlens
of all other ai^tions, thm indeed might it prudoaily
ca»in the disaretioa of Ud uwa gtteratiUNit, and set
bounds to the exertions far its own safety.”
The vidws of these eiDinant statesmen and patriots,
as to the unlimited exteat of the war pow^r conferred hy
tht) federal o.mslitution upon tb« government of the
Uaited States, have never beeu calUd ia qaestioa An
iaspection of the oonKtitution of the Goafederate States
will show that the same,ualiuiited war power has'been
conferred, and in almost tha same terms, apon the
Confederate Government Thus, in Article 1, Sec.
it ia declared that “The Cougreas shall have power
(p.ir. 11.) to declare war, grant letters of marque and
r«p 1‘isal, and make rules ooneeraiag captures ua land
aaci wate': (par. 12,) to raise and &upport armies, but
ao appropriation cf money *to that use ehall be for a
loasrcr term than two years: (par. 13,) to provide and
mai!it MU a n»7y: (par- 14,) to mako rules for the gov-
erura‘Tit and regulation ef the land >ad naval farces:
(par. 16,) to provide for caUiag forth tho militia to exe
cute the Uw3 0* the Confederate States, sur press iq^-
san-ectioas, ani repel invasioas: (par 16 ) to provide
for ^ganisiag, arming and disipliaiag the militia, aad
far goTaraiog suoh part; of them as may ba employed
in t ac servica of the Caafedorate States: reserving to
the Slates respectively the appoiatmeat of the offiserr,
•nJ the authority of traiaing the militia aooordia; to
th* discipline presoribed by Oon^sss; (par. 18.) and
to luke all law. whioh shall be aeceswy aad proper
for carrying into execatica the foregoing powers, aad
all other powara vested by this Coastitutioa ia the Oav
erantent of the Goafederate States, or in any depart
, mexit or cffioer thereof ”
A gaverameat, thus iavested with the unlic^ited sov»-
reig.li power of declftriag war, aad raising aad support-
’n>; arjiies, aad possassiag also the s^araeiy less re-
atrictai sovarcigQ powars of tasitioa, of borrowing
iaa;^cy, and of regulating oomjfnercc, (see Constiiutioa
o'i he Caafader.ue Stales, Art 1, Saa 8. par 1. 2 and
3,); must have aUaahed to it che right of entinett domain;
tor this right ia an esaeatia! aad inalienable attribbie
of noveroignty. It is so essesitial and so inalienable Chat
Lhri sevo. ai Spates retained it as coaaeoted wlih their
zeizuutUva reipkiainx aavarSi2aties uotwithMaadiaj: tlie
grtat pa wore WBiea- they MtreBavnxi tflPe geuvt^i
go reramdot aad notwithstan'ilog they had aisosarrea
•lercd tha power of psasiag any ‘‘law imp«iriag the ob-
lig*iiau of contracts.'' See Raleigh and Oatton R R.
Co. vt Davi; 2 Dv. aad Bat Rip. 451; Slate vt Glen,
7 Jones's Hap 321 This right of emintnt doiwiin is the
ri»i»i which beloaga to the aociety, or to tha sovaraiga,
of diapasic;;, iu case of aeoassUy. aad for the public
safety, of all the wealth ooctuael in the St^te. It is
eviieat that this right is. in oartaiu cases, nace-iftary to
him ?rbo governs, and coasequeatly ia a part of the em
pire or sovtsreign power, aad ought to be placed ia
iha PUTsbar of prsrogAtives of m'.je^iy. Whaa,
ticrafoie, ta>people caafe? the empire on any ona, they
rj. » g*!ri8 tim? iQV*-st h-ia with the eminent domai.%,
ualcsj it f)0 expre9ty raservad ” >1.»e Va'teil’s L*w of
Nit’.an^; Bao's 1, Oa. 20, Sjq. 241 Tha C’onfaderate
»;o7ara~;al mast aha pissese, as an iasep^rabie i*!Ci
•isat of i 3 90»ereiga powar to declare war and to raise
&rm-es,*the right to ooiam»nd the serviooj of all its oiti-
r’U3 capi’.'!e of bai’-lng arai3. “Eve’y oi»is3a (says
Vattall, Back ^3j, Oh. 2, Sec 8,) is b03a>i to terve and
difeni ;.he Sia^e as f:tr as he i* capable Sas'ety cannot
C'herwiiia bs maiatained; ani this conourraace fjr the
oommaa defenae 13 oae of the priooipal objects of every
politiatl aasooiati la. Every m»a ospabla of carryiag
ar.'Ui rttouli ta^A them up at.tha first erdar of him who
hw tao power of mtlsiag w*r ” Other writarj oa gov-
era aant, of great oaiiaanao, hav^ laid down tbe same
d,'C riaa. Sco the au'horiti*»s r»*erreJ to in the o*ae
or Er ncrfe i'atj, deai iel ‘"v ihe Cmrt of Ali-
b.vci% V I 4 )a3: J^auarf iVrott
Astha Con.'ederata 20Vj;-r.aiaatp 'S?a‘i3ed thennd .uated
ri^t o{ eminent d^m-tin wao frame I its aouititu-
ti.-)a -i.-eMji It proper to restria!^ ex-»rci^e of it,
fjr hai WT.ili hive ba&ti highly impoli'.iu but lo r*»a-
iA*e It by diolwing that pfi»i*e pro jort/ shall u^vt ba
ta'sea f>r pubiia uia without jajt 0 >mpeasitioa. (See
Ooaaiii-ulioi. Art. 1, Sa3. 9, par. 16 ) Bat there is no
restr.o'/ion nor regulatiaa whatsvef in tha oonatUutioa
on tha pawsr of taa gavaramaat ta cooaoaiad tha sor-
viaes of a'l, iti arm3-ba»iag popal:&tioa, unlsaa it be
daauied au3h that, for the raising aid auppartinjS of
armies, there Bh>ll ba ao appropriation of m laey for
a loager term thaa t^a yjaxs- (Sae Mr. MAiisoa’s
article oa this satjact ia the 41st uujibar of ihe Fede
ralist.)
If I aava saaeiaial ia sh^wiag, as I tHiak I have,
tWe CjafalorAta Qaveramaat posseJses the »ight
of eminent dormin aal haj atw» the powar of oomiatTid-
iag tua der»ioes ia ita t^rmy of all its citix^as Oapable
of ba*ria» araj, I am r.rep*re! ta prava th\t Caaicress
had taa oan^ututioaai pawar, by the aot ot tha 6th of
'auuary 1864, to call into the military service of the
oiuntry »ho If^
pravioualy furaishaJ a subs’-ituta. The oaly obataole
Iu the way of my argument is the assampiion, made by
those who opposa it, tha . VT*Uaa, by prooariog »ad
patting iata tha army a suiaatUuta. as h« wag authorii-
ei to do by tha aot of April 16th, 1862, made a ooa-
traot with the gaverflmyat, whioa the LagiaUtive de-
p*rtai;at of that govera neat a*3 no pawar ta violate
Adjmttinr u ider a protestation, th»t a coatMot was m*A»
bat 7«a V/altoa aad the goverameat. and further that
he cff.ot or the act of April l6th 1862 was not mereW
to gr«t aa exemption a^ a mat'.er of grace and flvar
yet I insist that the government had the ’
ever the aeeessities of the country~ghould^rr/r,’.iT^®?'
.»»al di„,g„d U. L., “
of tho right or latereat which Waltoa acaX^
of hia supposed contrant w»- «» by
governmeut whioh my aigumeat requires me more par-
UooUr> to coasider. It is ooataiaed im the coaatItn~
tioB of the Uaited BUUes, Art. 1, See. 10. par. 10 11
12» la, 14, I& Ml 17. XUS poww iigi^^ tk« M
privilege, aad as such i* Biay be a thing of
it WM liable to the oonirol of the gove'ni^
of i»B righ'l of eminent domain, or its poW«C
the sufvices of a'l the apwtH-bearing pep*i
oodntry. It cannot possioly os;ape ^e .
one or thv ctSior of t.iooe two great prerogatives ®‘8®^
erament. KaJ it f»ll^n under the first, tbea •j®®’
oomponsat>o»> would h^ve been dus to the owner; bw
being uader the peoondj the oonstiiutioa makes aosacn
provision in hia f*vor. It reeemtjlc'’, i'* the respect of
being perpoanl and inilieatiblo, tho richt wh oa a pw-
non may bavj iu an cffioe, and it ia elsarly eetaH|jshad
that when the neoessi'iea or the good of the country re
quire it, the offiee may be aboiiahed, though the efleel
of it will bo that tbe oifieer will b« deprived of the
emoluments without any claim to oompeaaatioa oa (hat
Kccouut. Hoke vt. Jlendereon, 4 Dev. 1; ButUr m.
1‘enntjflvania, 10 How Rep 41H Tie neoeasities of a
nation, as of a« iadiviJual havi» laws of their ewa, aad
that ia the true meaning of the ojlebrated maxim, tkat
ncoes«i£y has no law ” It has a law but it is the
law of exceptioa “Thou ahaU not kill,” is an iajun^
tion of the law, divine and human. Thou mayest kill
in necessary defeace of t^icir own life, is a precept of
the sawe law, of ao lees force than the other
I have coasi'^cred this ca»e without adverting to ta®
fact that Waltoa does not ellege in his petitioa thal
he paid &ny money or other valuable coTitidotftti»i to
hs subetitute to iaduoe him to become such. If he
W're entitlod to any compensation, ^hcn, it weald be
diflicult to asoertaia the qwmtum. But the view whioh
I have taken of the case, renders it UDneoessry for
me to say aay more oa the sulject. I have alluded to
it only far the purpose of showing that I had aot over-
boked the allegations of (he petition.
Having, as 1 hope, vindicated sacoeasfully tbe /ow>
er of Goagresa to revoke whatever right or privilege
Walton hi^ acquired by his supposed ooatraot with the
goverameat «^i^e uader the aaactioa of the act of April
16th 1862, } will eadeavor to show what was the true
nature of the eoatrao*, if contract it were Pai^e who
enter into a ooatraot, neoesiiarily do ao with tefa^igM^
to tbe eztstiag law. If they use terms appareMiy-«A>^
solute, but to whioh tbe law annexes a condition. Mlih
condition will of ooar e be implied Tho distiactioa mea-
tioned in the books between express and implied oondt-
tioDS, and exprcas and implied ooat*acts, is founded up
on this priaciple. So if one of the parties to the eon-
treot posseases the power (wiiich under certain circum
stances it will be its tkty tj exerciso) to annul, the oth
er party must necessarily be suppoa7d to enter i^to tbe
*autract with tbe uaderetaaJing 'hatitmiy, under such
oircu’astinoea. be aaaullod The p^rty haviDg the pow
er to aunul mudt be taken to have red*rtcd it, whether it
be.exprefsed in the terms of tho cj*»tr(ict or not, and
the other party must ba t^kea to hivve ticitly acqui
esced iu suoh resorvatidn. Gcvorament is tbo only
party whioh oaa have the right t} stiquI a contract ta
which it is a p%rty; aad whea the exi;;dao7 arise) which
[reqai'ea] 4he avoidaaoe—whoa it way be that the
very salvation of tbe nation depends upon such avoid
aaoe—the goverameat wauld be faithless to the great
trust confided to it if it did not proceed fsarl»9sly to
the fulfilment of its duty He who contracts with tbe
goverameat, th?n. ciaaot complain that the govera
meat avails itself of its pawar to put an end to the eon-
trtot in virtue of tbe oonJitioa impliedly annexed
to it.
The4e coasi ieratians have led one to the conclusion
that OongredS haJ tha oon’f'itiiliDnil power to p.*^s the
%ct of the 5th of January 18 i4, and that in doing so,
it *^id no* violate its faith with tbo prina'rals of subsJ-
tutes by o'tUing t*5em agaia iota tae militnry e*rvice
of tho couatry. Iu ’amiag to this can'“iuHirn, I have
aot. availed myself cf the authoritj of aJJaJioatious made
by the hijihesi tribuasis in several of cur eister States;
yeti think I mi'^ht r'*gfatfully have dsne sa The Uw of
Congress was intended to operite *n cacU and all of
the Confederate States It would be uneqial ani
therefore unjust that it should effsot iu some of
tha States and not in others. The State o;>urte have,
upon writs of Habeas Corpus, takeu concurrent jaris-
dic'ioa with those of the Conf^derJita State?, ta decide
upon the constitutionality of the acts of (>ongross, call
ed the conscription acti. and with respect to them there
ought to be as much uniroratity of decision as is practi
cable. Impreasad with thia consideration, and knowing
th^t the oonatituuonality of the act of the Sth January
1864 had Heen herevofore auataiaed by the Supreme
Court of Appeal* of Virginia, in the case of Burrought
vs. Peyto’i, by tha Supreme Court of Georgia ia the
CMC of Fuigerali and ctberj, and by the Rupi-cme Ccurt
of AlabYa.^ ia the c^se parte Tate, 1 should^have
been reluctant to. have coicu.'rei iu making a different
deoiaiaa. The jad^anat of his Hoiiar. tha Chiif Jus
tice, r*>nietad ia v*aati m, W5? given before rtiher ef
the adj'iiitr»'-ioas, to waich I have reforrid, wm made
knowa, and of coursa he could aat have been inflated
by that weigh* >f authority, wh’ch wjuld aaw. were
itj twaviotioas awarent from wh)t titey are, prees up
on me.
As cay brother Manly cosoir^ in tbe oaaolu’ian at
whioa 1 have arrived ia tai3 oaaa, t*>a Juigmeu', givca
by ta* Caief Jus Ui ia v«a»tioa, mus' ba re'^e's-ed wit*?
costa, and tne pjt!ti:>ner, E iW\rJ S Wul.-.a, ba sur-
readared ta *he oustody of the ddfeaJ:i3*, i. il. QatUn
Ouiraije* in Caroline iJounf^, Va.—The fol
lowing account of the rillaiaous oonduot cf the
yankee.", sajd tha Hichmood deatinel, is from the
pea of one of ths most estimable ani patriotio
ladies of CaroUno:
I have thought frequently I would write and
^ire you aoane acoouat of the outrages ooamitted
by Saeridan aad his ging of thieves. V\'c had
saved our horses from Grrant’s army, by Heading
them off, though one horse and a valuaole negro
man were captured after leaving home; but my
husband escaped with his mules and my pet mare.
Our county suflFered terribly from the enemy.
Houses were sackcd, all provisions taken, and
ladies' olathea, jewelry, plate, «&e., stolen. Some
few of our neighbors saved a small portion of corn
and meat by hiding it, bat reserved ic only ior
Sheridan and his gang, on the evening of the
I5th June.
* * * Oar meat house was soon rifled 5f
its contents; all of my nice meat, fish, lard, but
ter, mi>k,.flour, meal, wine, &3 , ware soon taken;
my basement was soon filled with the vile, dirty
creaturcs, and they «toie almost everything—
knives, spoons, plates, buckets, &o &c. Mary
found they had left in one barrel about a peck of
flour and a little meal; she seated herscli* on the
barrel, and saved it notwithstanding their threats.
She told them nothing but a bullet could move
her from that flour. They could not find the
harness, and we thus saved our carriage. They
even took the bread that was rising for sapper,
but one of the negroes begged it from them. The
servant’s houses were all searched.
Oar Qcighbofs have all safTsred. Father lost
nearly everything. Some of our neighbors have
lost all their negroes, all their horses, mules, cows,
sheep, hogs, and all their provisions. The coun
try is, indeed, desolate, but if we oatt whip fhiin
well, we will count our losses as nothing. I told
the yankces they could take all we had, but 1 did
not tear God would let me starve.
A sick yankod who had been left; our house
by drant told them we had nursed and fed him,
but it had no eflfect. A lady henrd one of the
Generals give or>)ers t.o sack the houses of oitixens,
and to take the men who would do it.
At Mrs.* they found the wiae used for the
church. She told them what it was, and begged
thorn to spare it; bat they laughed, and called for
others to *‘come and drink the blood of Christ.^'
I felt no fear of them, and let them know 1 was
a stronger rebel than ever. They said “even the
niggers here were secesh.’^ A negro soldier said
if he kad hia pistol *‘he would blow that old
seoesh woman's head off,” referring to my aant. I
never listened to sucli horrid oatiis, and suoh vHe,
low language. They had no human feeling, but
were worse than wild beasts. The officers were
tio better than the men. My dear little boy (only
: ’ VO years old) was a heavy loser. ~
virtue of hia supposed contract, wis U Mon«tw
something la the aature of property, or a ’
al iprivilege. If it were aoae of these, I am It a“loQ»
to imagine what it was. The couas;i
tioner say that it was property, a thin* of%?i
Sup- oae it was, thea tha govetn-aiut, h^d aa nLjoX«!i
ri;|ht ta take it upoa makiag jait oampenaation ?o Jht
ORner, as has already baencluarlr demoast-»ted
it p»Qu«t ba reg rdod as property in the sea-e in\»hioh
thi t term is uied in the coaautntion It oaoaot b
o!•/.eofla1rtnatanl^nca^laotownpioporty,in^,^lon^ol>^^ ; . ? coits; hw pet lamb they killed before
LicuBA ot that term, of auy kind, re»l or paraonal. ia pM-
aodsiaa, ia expectancy or ia actica, legal or equiuble*
Which o»D2*ot, ia eoaid way, or ia som^ ooart, be
»vaii«ble by his credi'ors fur t'ae satisfaottoa of their de-
maadfl. (^nvet vt. Dolphin, 1 Simoaa R«p. 66; Piereu
vt Robert*, 1 M/lne aad Keen Hep. 4; Snowdtn vt.
Doles, 6 Him. R^p 624; Mebanc vt. Mebaau^ 4 Jred. £q!
tCep. 131; Hough vt CVm«, 4Joaca £q. R^p. 296. It
Bertaa to me to be oertaia, then, that Walton’s exemp
tion from militvry pcrvioe was not “property” whioh
could be takaa from him for pnblia use, and, aot bolog
such, there was ao obUgatioa oa the govensMat to
make eompeasatioa. At ifaltoa’s exeaptioa f^em sili-
Mrvioe was aot properly im (h« mum of Um oqb-
■maiioB» It antt ba NfMM m » atert pvooaal
Ills eyes, and stolf cup, knife, and spoon. The
little fellow ran 9l|&ong the soldiers anti horses,
and caught a pet chicken and held on to it until
they 16ft.
graduate of a certain collego gave another
the lie and a cKalleogo followed. The mathemat-
ice. tutor of the college heard of the dispute and
lie must fight.
‘Why? inquired the mathematician. “lie gave
me the lie^" “Very well—let him prove it If
he ^ves it, yoa did lie; and if he does not
ae Ufls. Why should 70a ahoot one uotiurP
lut hi»i pMif • H.**
0ASUALTIB8 IN N. C. TROOPS.
VO& THB. OBBKaWa.
Naaa ParaBsavaa, Va, June 26.
Msssre Editors: Siaee my last list of eaeoalties fur-
aieb^ cf tbe eBffftgeateot at Biddle’s Shop, we have
had the gr«;at misfortuae of loBiag the foUowiag on
Weiaesday, 22J last., in aa engagement abont 8 ndles
•oath of thia plaoa, which you will please publish for
tko iaformatioa of those who feel iaterested:
field & Staff—Woaaded: ColJao Ashford, foot aligbt.
Co A—Killed: B W Mareddy. Wouaded: Wai H
Pavifl, icrolas severe—prisoner.
B-~KiUed: 1st Sgt It H Joyoe. Wounded: Newton
Charles, severe.
-'n.^Killed: Marshall Vaaa Woundad:. R R Jacksoa,
hip severe; Sgt J W Lludaay, arm alight, Ei Johaaaa,
aboulder eevere
Woaaded: Sgt N J Lewis, shmder and leg severe,
i ..Killed: ft P Brooks. Missiag: B J Boltoa, Alex
Biilim.
W—Wounded: Sgt N E Sigiaaa, thigh severe; Alfred
Sitxer, shoulder; M Cloatger, side aught; Joha Fox,
ana aiapatated
Q—Killed: Sgt L W Morris oa. Wouaded: O H
Looper, mortally; W H Lfokey, arm amputated.
H—Wouaded: A S Oadd, arm amputated
I—Killed: M S Boam. Wounded: W P Paaaell, foot
■evere; E N Harrell, faoe slight.
Beeapitolatioa.—Killed 6, wouaded 16, wouaded and
liissing 1, missing 2—total 23
Very respeotfnlly, &e., D. M. MoINTIRE,
Adjt 38th N C T. -
FOR THE OBSERVER.
Camp or 5th N. C. Cavalkt, Jane 4. 1864.
Casualties ia 5th N. 0. Cavalry siaee May 7th, 1864,
M»j. Jas IT MoNeilU Commaading
Co A, Capt MoBTellar, Oond*g—Killed: Henry Uar-
rjb^^B, Oa>^toa 0 Baldwia. Wounded: Sgt 0 L Obes-
Corp Wm F Campbell, Privates P N Smith, W M
HyMK, F R Rose, W A Matthews, E J Harringoa.
WwJ^^’od, Keaneth Molver, Haywood Hargrove, S
Q, Lt J J Moere, Comd’g—^Killed: Corp W A >lbrlt-
lon) Privates Guilford Smi'h, Jno £ Hill- vvnanie^:
Jos B Taylor, Jno W Jones, N H Bcraan Missing:
Washingtoa Thomas.
C, Capt B F Shaw, Comd’g—Wonadov: Lt O C Par
-.rick; G W Smith, L Goodrich. Missiag: Geo W Hlgh-
mith.
D, Capt J M Galloway, Comd’g—Killed! Sgt Isaac W
Hughc0; W H H Baraes, J D M^iaer, Jao T Price
Wouaded: Corp F Sales; A F Delaaoy, iao C Moore,
•*ao Taylor, Stepl»>n Moore, Z Barber, Jas H Smith,
Wm Bay, H Ii P Watsoa. H E Baynes, B F Sparks, Al
bert Wall, H L Watson, W T Williams, W Watsoa.
Missiag: C T Grcgka, Joaes G'ogaa, A J Oile, Levi
Ba*'ces
E, f^apt T W H'arrids, Comd’g—Killed: H C Altered.
Ji^ounded: Capt T W Harriss, Lts A P Gilbert aad Jos
Tyeer. Sgt J B Stsdman. Corp W C Mann; Geo W Hat-
riss, Jas W Norwood, E D Maaa, W J Molatosh, C M
Poo, H C Farrell, R H Atwater, Jas Peaay, W H uurt,
Jno W Siler, B H Diok*ns.
F, Capt J R Erwin, Comd’g—Killed: W L Miii^r, G
L Bigtiam, W 8 Prather. Wounded: Lt 0 L Gibson R
A Davidson, R D K-tr, R Tredewiok, Worth McDonald.
^ B Means, C L Torrance, Cirp W N Alexander: Miss-
Idt: S F Ludwiek
0, Capt J Tt MoClenahao, C >’ad’g—Wounded: Sgt B
F tiarrington, Corp V R May. Oaddy NeaL Miaaiag:
D ^hort. J F Crutchfield, S H Long
H, Lt Petrsoa, Comi’g—Wounded: Lt Jos Howell,
fJo'T> H Biarly, Sgt F Flem’ng, W H Poweil, L E Brook,
J B Woward, J W ^fartia, R McClamma. F Willi^nui,
D H Dwigeina. Missing: Corp J W Shores; J B Hol
man, J R Karfees, M^Mlaer, W A Brandaa, M H Baiae-
1, Capt N P Raakia, Comd’g—Kdlei: Sgt ^ F Naaoe.
Wounded: Lt Sam Haoaer, C V Hiaas, J S MoNeely, V
C MeAdoo. G B Troxler.
K, Tit E B Liaisay, Comi'g—Killod: Aaroa Brewer,
Wm M Jchnsaa. Wounded: Capt J E Wharton, Lt W
P Whartoa, S^t J C Aleora, Corp R Cam>ron, J S Neal,
F H Alley, Wta Little, A T Neal, C B Askew. J H Gor-
aelius, R G Brewer, J Cagle. Mis.iiag: W H Womack.
Lt Theophilua Holmes oa duty with the R*g’t was
killed GEO J. MOORE. Lt aad Act'g Adj't.
roa THS OBSXBVKB.
Fifty-Firet N C T. from Juae 21 to 281, iaolnsive.
Field aad St%ff—Woanded: Gal H MoKethaa.
Co A—Wouoiad: J R Brothars. Missiag: L Aston,-
M E Diekson
B—Wounded; M Wattars. Missing: J Saaderson, R
Tucker, A J Saith
C—Woanded: Elen Price, J Price—siase died, T F
Da;l, R H Merritt, C M Wade. Missiag: L R Jlathis,
W Tonps.
!>—Killed: H Dallas, R Graham. Wouaded: Sgt W
R Boot>, W Malone, N D While. D A McGougaa. N M
Wnitd, W J Hi^phrey, .T A MoDoaali. Missiag: Gorpl
D C^rlile, A J Shaw, J A Saaw, R A Rasler. W H
Soott.
E—Killed: Corpl O Thompson, W A Thompson, H W
Inman. Wonndsd: Lt J P Pitman, Set G W M)ore, W
Provatt, J L BuUook Missiag: Lt F F Floyd, Sgt R H
Monre. B Grimsley, W Gregory.
F—Wouadad: D Aiphta 'Missiag: Corpl B J Says,
H L Baxley.
G—Killed: Corpl E P Hinson Wounded: J Eliia, P
Gaskiil tilight, J G Hall. 8 Kaowlea, Marl.^y Sfcrritt, J
.S Ragister, Sgt M King MlEsiugi Lt B A Gawaa, M
BK^iton.
H—K>U«>^: U V Flina WoandeS: Lt J A Meares,
A Vau:c, l^irt N A MsuUuby, R Long. Missing: SgtG
M Drowa, i> liuraey, L H Butter.
I—Killed: Corpl H J Daughtoy. W.T Ledbetter.
Wounieii: W H Adams, J E Poillipa. B^J B«ia, 8 MeD
Barefoot slight, W N Raiford severe, Cerpl W J Blea.
Miaaiag: D J Cnlbreth.
K—Wounicd: Corpl J W Laytoo, A A McKethtn jr,
J Ba*aT Missing: W R Jordan, L Jaoksoa.
Reoapitulatioa—Killed 9, wouaded 49, missing 26.
rOR THE 0BS8RVKR
Ccmpaay K, Forty-Fourth N C f. Kirkland’s Brigade.
Bftttlc ot Wildernesa, May 5.—Wouaded: J W He;igc-
poth, head; Jao B^ker, finger; Calvia Wood, finger
slight. Missing: Sam'l Harriss, snppoeed killed.
May 10 near Spottsylvania C H.—Wonaded: Gsr'rge
M)rritt, right brcist; B-uffia GrlSo. hsad; Rufus Wood-
I'.ef, back; Sgt R H St»"k, taunt; Lt W P Oldham,
loft thigh slight—roturnsd to duty.
Near'Henovdr Jaaot'taa, Mty 23.—Wounled: BeoJ L
L W.id!cini. thigh—on skirmish.
Near Atlee’s Station, Miy 29.—Wounded: W J Eight,
foot—accidsntal.
Bathesda Church, Juae 2.—Killed: Jas M Gilliam—
oa skirm'sh Woualed: J 0 Wood, shoulder; Phillip
Laaier, thigh; Juaa S, Lt W P Oldham, head.
ffoa THK obasavaa.
PanmsBUxa, Va., Jane 28, 1864.
Messrs. Editors:—Knowing the deep anxiety felt by
persons at hoaia, for their frieads ia the army, I adopt
yonr pap*r as a niedluq of o‘>mmnaioatiag, brieflyy
with the firieads of the “Guoibarlaad Plough Bays.”
Without giving aay detailed aosoaat of cur operations,
w^ioh is neither aecessary aorp'oper, itsuffio^s to say,
that we reached this place last Thursday (16th) aa3
jitve bMa nitd*r fire about half tha time staoa, font with
only slight loss D J Godwin was woanded slightly on
the I6th and Charlie W Gainey was killed the 18th inst.
Charlie was agoo* boy aad brave soldi-r, and eadear-
ed hifflS'ilf to all by his amiablo and gent'e disposition.
Oar boys, notwiths'andiag tha hard ssrvioe of the
>aet two months, are ia the best of spirits, aad ai>xions
for ihe enemy to |dvaaoej confiJeat, when thoy do oome,
that they can prove th^mse ves worthy soas of their
gx>d old mother. We are gettiag exofllont rations aow.
Basiies pleaty of ma*t aad bread of good quality we
gat fall ratioas of sngar and coffee, whieH, you may be
assured, is verf acceptable at any lime and particularly
so now. Let oar rieals at homi reat assured, that we
an all right, aad raady to ]e;ive the eaemy coavimelng
evfideaoe that *‘T»r Heels” do aot iatead to be snbju-
ggted. A Pi^onoH Bot.
roa THE OBsiavia.
Charlie C Roberts was killed oa the Sth May, while
nobly fightiag for his oenatry, ia the year of bis age.
E[0 was a member of Go H, 26th Reg’t NOT
Farewell, dear Charlie, yon have left us, and have
gone te join yonr brave ooatrades who have fallea bo-
rofe you, to sing Hallelt^ah, the Lord God Omaipoteat
ralgaeth. Thea moura aot, dearest sister aad frieads,
yoti are only patted for awhile; love and serve the God
hf loved, and by and by you will meet hia oa Jordan’s
h-ppy shore to part ao more.
••Victorious his fall, for he rose as he fell.
With jasns. his Maker, ia glory to dwell;
Ila hath passed o’er the etreaai, aad has reaoked tha
bright eoast,
For he fell like a martyr, h« died at his post.”
July 9,1884. CoTTsii
loa THS oBsxavxa.
Is Hospital in Virginia, recaatly, Serg’t N Foeter,
of Co K, 26th If T. He was a good aad patriotio sol*
dier, beloved by all who kaew hia. Hs oaae ont at
the eoBaieaoenwnt of tlia war, partieipated ia aaay
terd ibagki battles, reoeived a eevwe woaad ia (he
battle of Oettjsbtrg, was a priseaer at David's Island.
H« l«M«e e irab* Csthar aad futktr, t» mtmtm_Ue la«k'
We**
FROM THE NORTH CAROLINA 80LDR&8
aoaaaeroHDaaca of raa rATBnaTii.i.a oasaavaa.
Cabcp NKAa PsTxasBoaa, July 12,1864.
Messrs. Editors:—Agjain doth ye veritable
“Long Grabs” intrude his ro^l ugliness among
ye “rebels.” As opportunity may present I will
endeavor to give you whatever of interest may
transpire around me. I presume people do not
expect me to write continually, and consequently
I suppose no apology is necessary for my negli
gence ior somo months past. In fact, it is just
exactly nobody's business where I have been or
what I have been doing; but if the folks' must
know, I will tell them. I have been on “detach
ed duty," mostly at “Fort Ransom.” Details of
this kind are seldom jtllowed, because very few of
the applicants are foand to be sufficiently compe
tent and qualified for the duties. Should any
arrogant “rebel” make a disparaging reflection
about this special detail, ho may consider himself
challenged.* Suffice it to say, that “Long Grabs^
has turned up all right again„ and in a heavy
game that has just been phtyed he has taken the
“odd trick” with the ace of trumps, and “honors
are easy”—as it is written, “you had as well try
to dam up the waters of the Nile with bulpishes
as to stop “Long Grabs, in his coarse.” JTbar at
tention will be called to other points of the text
again.
There has b^n no fighting of conseqaence
around here for the past several days. The sharp
shooters and skirmishers of both armies keep up
a pretty regular fire. There is constant danger
in exposing yourself above the breastworks. The
minies go whizzing by yoar head and hit up
*‘spat against a tree, like a blind June bug, only
more so.” The yanks are about two miles from
the Eastern limits of Uie foFOt hreast-
works of the two armies are frotn a quarter to a
half mile apart. The enemy can shell all por
tions of the city with their long range cannon,
though the city hasmot been damaged much yet
by shell and shot and but few persons have b^n
hurt. It is all htimbug about a few days shell
ing being suffijoient to knock a city all to pieocs.
Nearly all the citizens in the Eastern paA of the
town have moved further back, and most of the
population seem to. have gono away to a eafer
place. Very little liiNiness is going on. It is-
hard to get a loaf of bread and more difficult to
get a mint julep.
The yankees use mortars in throwing shells at
our troops. The mortar, you know, is a very
short cannon, swinging on pivots, and can shoot
straight up or nearly so. The shells ere thrown
nearly perpendicular, and fall over by a gentle
curve in the vicinity of our breastworks and
camps. It is very seldom that these shell do
much damage, though they are pretty certain to
burse after falling.
It is understood in the 25th N. C. Keg’t, that
as soon as a shell f^lls in the entrenchments among
the Beg’t, the nearest man is to seize it quickly
and thro\> it over the breastwork. Thb has been
done in several instances by members of this
Reg’t and other Troops also. The danger of such
experiments can be imagined when it is known
that the shell explodes as it hits tho ground or a
few seconds after.
The drought and heat hero have become al
most intolerable—all vegetation is suffering and
dying for want of rain. It is very hard now to
get garden vegetables,' berries, &o.—usually so
plentiful in this country at this season. .But
there is one lux^^J ^ abundanC and cheap,
and that is ice. The rations are not so plentiful
just now as heretofore, though a soldier can live
comfortably with them. A man gets a day one
pound of corn meal,> a third of a pound of bacon,
some coffee, peas and rice. I think there is a
good supply of forage on hand, though grazing is
very inferior on account of the dry weather. Two
or three good showers ia all that is neoeasary for
the clover fielcfs to “turn over a new leaf” and
enable our jaded teams and prancing chargers to
be led “through the green pastures and beside
the still watery.”
Our losses in this summer's campaign are much
smaller than many have supposed. We h%ve lost
more in prisoners than I had supposed. From
100 to 500 of conv.Uescent and slightly wounded
soldiers return to their commands from the hos
pitals at Kiohmond every day. There is but
very little serious sickness in our army here now.
It is the universal opinion that Grant cannot
in his present condition drive us from any por
tion of our breastworks. It is probable he will
await reinforcements from the new levies before
ho attempts much more.
We have had no mail nor papers from N. 0-
in some time, as mail commuaication h;> i been sus
pended. This is very aonoying to the soldiers as
it is their greatest pleasure among all their hard
ships to communicate with th^ir friends and get
North Carolina news. Freight trains como through
with supplies, and it would be a' great favor to
the soldiers here if some arrangement would be
made at Raleigh or Weldon with some Railroad
man. or suitable person to forward letters and pa*
pers by any sufficient and xeliable oommunication
that might exist. It would bs a great relief if
this could be done once or twice a week when
yaokee raids interrupt our regular oommunication.
Similar raids may be expected' in future, and it
is to be hoped that our friends at home will pro
vide against our isolation again.
Truly, Long Grabs.
Camp neab PxTXRSBuaa, July 14.
Messrs. Editors: The lines around Petersburg
are quiet and things appear to be much the same
I have heard of a oavah'y fight or skirmish to
wards our right in the neighborhood of the Wel
don Rail Road, bat am unable to give any par
ticulars. It seems a well ascertained fact now
that Grant has sent away some troops from here,
and probably to Washington.
I suppose politics rages in North Carolina.
There is not much feeling on the subject in the
army; some quartermasters and others occupying
the rear indulge in very earnest political discus
sions, but the great mass of the soldiers at the
front express but little interest. They keep
sharper lookout for Grant.
I send you an account of casualties in some of
the companies of Ransom's Brigade from your
section, and will again send you similar informa
tion as to Kirkland's Brigade and other N. C.
Troops. The present aoaoant refers to Co» 0,
Capt. Blue, from Moore, and Co'. D, Capt. Petty,
from Chatham, both of the 35th Reg’t, since
they came to Va. some two months ago.
^nsom's Brigade was in Hoke's division in
Eastern Carolina and wm eal'ed away from the
gates of Newbern to Petersburg early in May,
and from the 12th to the 20th of that month was
engaged in several severe actions around Drewry's
Bluff and on the South Side. About the 5th of
June* it moved acroes the James to the vicinity
of Bottom’s Bridge on the Ohickahominy, where
it remained a few days and returned to ihe vi
cinity of Chafin's and Drewry's Bluff, and then
to the fortifications east of Petersburg near the
City Point & Norfolk Bail Roads, where it was
engaged in heavy fighting on the 17th of June^
Since then it has occupied nearly the same posi
tion, and has been exposed ot^Mional skir
mishing. For sometime past the Brigade has
been in Gen. Bushrod Johnwn's division, recently
the commander of » Tennessee Br^de. Rnn-
som’s Brigade has lost very h^vi^y in killed,
wounded aad prisoners.
0, Tiyitgr-mik II0 RH*t.
UK&
tated. died at Ohimboraso HosT>ital, R'ohmondr Jaae S
Lt MHiIoora Ray, wonn'tei) xight- ler Amr tim« and
plao^—ery^ipelat, difd saiK^ tospUpl about last of
May B'th buried tt.ero. Sergt Joha ATPatteroea
kiilei irstaaiiy, samn bt.t(!e micoie ba’l through breast.
Also killed, »>Mn , och& A G Jobn^on. minnie In bead.
Alsn killed, Nathaniel ^crri», shot ir. bead. Dnncit.it
0 MeD'taald wa« ki’led tbe day before (12ih M«y) oa
way to Dre7*y’a Bluff; ball through right hip In th:
a*t!oa n'pr B-jrmuiia Hundred, May 20t1i, Arcby John
son eb'’‘ thrcogh br^vt ivnd ivrtn, died a* Wind-.r Hos
pital la:>? of May Daniel Hal^ shot thrcuKh knee,
severe, now at Winler Hoppital. Georg« W ^ibbi>t
wounded s‘*ere iu left ehculdtr, still in Winder Ii >«pi-
*al. John C Fergn^in fl^ah wuuud in iMg^!; H-i ry C
Geiogs flash wocnd in thlg^; i)»niel Cinser a missiog.
Battle around Petersburg, Jaa« 17: Garrett Thompsoa
killed by caason ball ia th« morning. At night, ia
ohargc to retake tb« worb't formerly oooapiel*by
Wise’s and other troops. Riohard Roaa was killed,
miaoie ball; Solomoa N Cole shot in bro*at. now at
Fair Ground Hospital^ Peters^-arg; Malaom A McNeill
badly wouaded ia kaee, sioctf died at Confederate Hos
pital, Petersburg No%h R Jackson alight wouad in
breast; W H H Fry bad wound ia hand; Joha W Mo-
Caskill wound slight in head. All three ia hospital at
Kittrell’s. Corpl Alex Tameroa woanded ia shoaldrr,
at hospital, Petersbarg; B Strisklin slight wcuad ia
foot on 17th June, now at KiUrell’s; George A Wads
worth wound ia head aboat 21st Juae. died at Fair
Grouad hospital, Petersburg, aboat 6th July; Hagh
Moore woaaded in hand about last of June, at hospital
Riehmoad; Wm Shields fl?sh woaad ia thigh, 7th Jaly,
now at hospital, Petersburg. ,
raptured and missiag: la fight of aight of 17th Jaae,
Capt E McN Blue, Lt W T Jones, Ord’ly Sergt D A
Blue. Sergts Neill Haanoa aad Joha W Blaok, Corpto
Hu7h M McDoaald and Atohd Ray, privates Aagas
FeriaiFon, Daal P McDeaald, Joha MeDoaald, Joha
MoArthur, N A Patterroa. Joha Smith, Juaes Stewart.
Gilbert Thompsoa and Ruftis Wallace. Jaoob Good
man wouaded ia aide aad missing. Some thiak Lt
Joaes wae unhurt, others think diff»r?atly. Capt Blue,
Lt Aveat of Co D. aad Capt Dixon of Co H, were heard
frrm at City Poiat aad all well 1 mast pat off farther
deti^ls at present. Truly, LONG GRABS
Later*from the North.—PsTxasBuaa, July
18.—Northern dates to the 15th and 16th have
been received.
Dispatches from Nashville say that since John-
ston'ci retreat from Kennesaw Mountain Sherman
h&i picked up 3,000 prisoners.
The Washington Chronicle of the 16th says,
editorially, tl*at it is now safe to say there were
periods betweecr Saturday night and Monday
morning when the rebels might have dashed into
Washington and effected its capture if not occu*
pation. The Chronicle also says the rebels seem
flattered because they have put Washington and
Baltimore in terror, and that they will not hesitate
to repeat tbe experiment.
The Chronicle says, editorially, that Sherman
has crossed the Chattahoocha, and that Johnsten
is inside the fortifications at Atlanta. It also says
that it is not probable tha^^ Johnston, who failed
to arrest Sherman in his fortified mountain strong-
hoM, will be able to detain him long before the
town, in an open eountry, accessible to approaches
on all sidos. The Chronicle eays the danger is
that Johnston will give up the place in despair
and destroy such of his munitions and supplies as
cannot be removed, and retreat farther to the
Southwest in the direction of Augusta or Savan
nah. It says that probably Sherman will antici
pate any movement of the kind and out off every
facility of retreat by the destruction of railroads.
Gold is quoted at 250.
Tht Oonfederate ‘^Raiders” safe on this tide
of the Potomac.—Richmond, July 18.—An offi
cial dispatch received at the War Department
this morning states that the Confederate forces
whish appeared in front of Washington Tuesday,
recrossed tho Potomac on the 14th, bringing off
everything safely and in good order. • Our loss
was slight
A Neu) Comm'inder for ihe Army of Tennettee.
—Richmond, Jujy 18.—Gen. Johnston was re
lieved to-day from the command of the army ot
Tennessee, and Oeu. Ifood appointed In his
place.
A Heic Secretary of the 3fVea»ttry.—Rich
mond, July 18.—G. A. Trenholm has been ap-
point€»id Secretary of th4 Treasury and the oath of
office was administered to-day.
/Si'^riows Railroad Accident.—We are pained
to learn that a collision took place on Sunday last
between a passenger and freight train on the North
Carolina railroad, about two miles this side of
High Point, ia consequence of which one person,
a lady, of Chatham county, was killed, and seven
other persons injured, several quite severely. The
accident, wc^undcrstand, was the result of sross
carelessness on tne part of the conductor 01 the
passenger train, who had stopped the train to get
his bat that he had lost. The conductor we learn
t'>ok to the woods after the accident, in order to ee-
cape the vengeance of the passengers.
Raleigh C(mfederate.
The Cropt.—We see gentlemen from almopt all
parts of the country in Che run of a week. As
to the crops, we hear but one opinion. Rye and
wheat, whioh promised nothing during the long,
cold, protracted spring, will now yield nearly, if
not quite an average crop. Com is a week or ten
days behind, but it is said to be unusually and
unprecedentedly fine and promising. And not
withstanding the want of laborers, and the extreme
difficulty of procuring food for plow horses, the
crop is now well nigh made, and promises to
Axceed in quantity anything of the kind for many
years. As to oats, the crop is emphatically fine.
Add to all thi^ the fact,, that we are getting well
into the garden crap^ and our friends
abroad will see that we are flut escaping from
the absolute want that has surrounded us, into »
season of superabundance.—Hendenon Time*.
Death of Hon. A. H. Skepperd.—Hon. A. H.
Shepperd was bora in Surry County, Feb. 24,
1792, and died at his residence, G^d Spring,
n&ir Salem, Forsyth County, N. C., July 11th,
1864, ia the 73d year of his age. * >»« »
Scarcely ever is there an instance of more extend
ed and acooptable service in a representative ca
pacity. He commenced his public eareer as a
member of the House of Commons of this State,
in the year 1822, and served four terms in that
body. He was elected to Confess in 1827 and
served without intermi^ion until 1839; was again
elected in 1841 and served till 184.S, and again
in 1847 and served until the 4th of March, 1851,
when he 'declined a re-election He was twice
chosen as delegate to the National Convention at
Baltimore, and twice as elector f9r President and
Viee President.
He relinquished public life in 1854, quietly
lingering in his pleasant old homeatead, engaged
in agricultural pursuits, enjoying the beaatiful
flowers and shrubbery whioh his own band had
planted and trained. Ri^e with age, and coverad
with high political honors and distinctions, daring
a long litetime, he has gone to his reat.
ISalem Prtu,
It was a eherished opinion of the late lamented
Lieut. Gen. Polk, that we would not only sueceed
in achieving our independence, but that the North
wonld bicome involved in a war among them
selves. f ni we would be called npm as the oon»
servu*:T3 element upon the American continent
to go ovor and quell the disturbance.
.■4 G'.‘d Hit.—^The New Fork Tribane boasts
(hat iJfortuern soldiers will “fight like devils." The
C'uaEleaton Courier repliee that it iias no dovbt of
it, fer “these fallen flxdrita,’* aocording to tba
^ble, are all oowardK for Sk Jamoa Mnu jBtsftI
ls M eiii k w«3lis