W ua I'P 1 ! T 4 mm: IN I VOL. III. WILMINGTON, N. C, THURSDAY ; NOVEMBER 1 1, 8G9. NO; 324. MORNING er i i:i!H WILMINGTON 1'OST. punusiiKD. SEMI WEEKLY. -qs- run Aii- os :v. i;i)iToii and rnorniin'on. iTKHMbOlSUlJSciui'TlON ISVAUIAJY IN A0VANCJ5. IV r Voir.. H 00 i'!irx- Months.., 1 LO . oO One-Mouth-. . : liA'i'K.S Or AIA'KKTIS.l-Mi A.lAiriUfifi.ii's wilMbc itr-crtcd -:i ..i t! rui ... ,r,uarc for lira Insertion an-I .V) cents lor. each j Vbsequent Insertion. " i T.r, iTr,J. '-.-. c, ,1 1 ... mi i.io.i i v pc, -imtttntc a square, CITY. l.'inoiu' ;;: U'''h. sters are rare V dith are scarce, Fact Tin kics.arccomina-su s 1 nKUksgiving. Uc ur New Yoik letter. I W! I r ilUtlil y should we read large books: in Jhjf "Jieca'us?. iht leaves ho-n themselves. sti rn Kit i rs'.', lie i- preinjunii for pretty gills;, llc.v, abwiit our !'.:ir ' Vuii C;,ity-M.:'.r:ih'abi--iir, a.ii'l what two let- t( r i U. ( o you 'thiiik. he wisU;. lor, Wiiy Q. Jure : I hJ; hotels .ire ero.wdeii with the stock holde is of .-thu-Wiliniiigtoii and'y"eltlon jail- road. Tli .unite ptiljii Willi : l;iepuWiiea!i, ol' Brunswick county are 1 iii tlidr jpoil .o,l .the J'egular lie- bun Ipa'ity. ,) "(-Jepuuiu-.un ideas o ii2 teii:njoiil Brunswick ! A '..!, damp,- ! !;:, in-:, dull, dreary, . desol Such ' eilVei ' v.. tie, Ueouragmg, utid tleinoralizing. was - the .-italeofthe weather and its : ves!oid;tv. . a i e tie. ay pleaseal to hear from our uUilt iy tiieiid'-, and tlie very good letter we ed d i-oin our b tend .Nichols of .B'ruus- wiek . fi ve ni ovi: t'ial :i:in v plain farmer; can , eiy u -elul-iLooi mation. II.. ti: e ..7':, , is 'rtiiM: No arrests since the Sib Xo eurt! no -agitated police. No Noihiiig siguilicaiit of it. j No politi- xeiteiuent. notlnug. We Cant- land this li. BsTKis. For a complete reiu t r'.iiunnious charges beuur cir- Cidat jtl agaiiK-t thio brave and gallant olli- cerj ur readers are reierrea lo xnegeniic- rii-;u's card. in another column. ough the. kindness, of SheriiV Sehtnek wc li; kve breu enabled to fiuuish our read-' ith the di ti-ioii of Judge Kus.sell iu mteiiip'.t: case...-' Tho decision .has been the e in th e liaiids-oi the Sheriff,-we undersland. tor tl e hist two weeks. .SoNii', (,n Teancts. -Wc have been shown p!e "or one hundred aud twenty pea: - ! i 'joi -on the'-''Excelsior-" plantation, HUlS !! Kienv hV), from a single seed.? "Hard to ei tek, them are. ' Ne p Hanover county farmers are rejoic- u much ''peanuts," U ground ': ;Cui " gobcrs," nlia j" piuders." stacks of the fruity vine stand hi farm pea-, .'Mauv y;Mil. a w a i t i ng the i n a c h i n e t o ick" the '!" rm-s b l.rEviiit--Tbecophus .drizzle of the ias't few'days, presents an irrepressible atii.1 .obstinate ar-jum.cn tV in favor of paving Our r.treeisJ . Wlien there is dusi, why our cii'y couteniporarics iray for rain, and wheu there U rain, tbey pray lor "Old Sol" to share hLvbcniria'ifit V11)'5 And this is con- lste'!H: Can't -ou see j Ihc Board bt Aldermau, sleeping -"piartcrs it rangers, expected. Ti.,: W.hn.n-ton and Wcldou llailroad . frr- trau)ortation to the cv; an uou need tree uau i who uesiro w ,w. ' Li . . -. A i , Will ro ,11 in. ineir eyes mui. ou Uv - . .... ,u C1 k iimI A(l- hcarts lutot - " t !.... ..til' lot li I'i'ftpd vcrtisc iuv n. i;,m'. ana u'c Ull. i - J jf you Mt'dy yvKir interests, where to gv- ' now is the I i IT. e to advertise. nctcrof Mr. iJob"ij Baltimo re. du.ing our .UWashiugton atuT resKlenceere iu tLis elitenon ot wl V . iCzCu&ilwn Vithenwc dr.mi.fic season under 1Ul,,gl? aU C"- f this able, experienced, tne uuw r:Air;it If we uuder- -iaflltYnf"u lthc wayj which our cotempefranca travclingcom- Mr-I,llr rwitb first-class troupes,! pauieP, ai--- fQ , so as to add variety emzajred . -by r . ' - m(l therebv striving tainmcuts and thereby i i .. ..(' i i . . . . . l.v..-d a resolution placing ; "rr-"- 'lU4' . .. . r i.,rr tn lltA 1'oKT.our sntii'tiim was uncprr- ! I uis auu aoioiuiu ciai es iiie.. uii t-1 euue ueiweeu . - 1 the Cape .Fear Agricultural boeictv cluiiufc f , J ? lw.nf..fll1 ttf J. i.cricnec.of such other comiUies have -led them I 'cive, it 13 the purest, apparently, l.ll V -J - ' 1 " . I - . ; ,.,,.,iMiirlft iiuo hw not br 'i bdmonort f(dfl. 1 i a i . ir.i'ti t-J fhrcoutiivuaive oflbo Fair: am appoiuieu m . ; t to pursue. U:an bcniaiinlactuwl. The. visitor is s his 'Honor,; the Mayor, Aide, men ci no s t Kxcelsior-like. h mammoth t av. and forenee baleen made iu the reports of coming I'-re also, "louug s intent. Combine. liiimb v l coiutnittec to conici mih uil ' . ,. j ; ... I tees, we arc ol opinion that, while every encour- ; bcr and Separator, enclosed iu a - ,. .1U i0 nrnvii im' u" UUk1' h"-'""v'"uB b'V"" airciucm. auu latynv suuuui uc tutu iy iueir . - , , e ., , Cluuiibci; of Comiueut av to 1 c Active rays of our cheerful Jfcrclitfht. construction, in t),eprc6ent financial eondition room. And here we were forcibly oAitD of (Aldermen Pursuant to spe- cial call, this body held a tnccUn last gvcii- j that the j ID" J: Committee on streets rcxortei grading of-Nun .street was being tatisfacto- lily carried on ' Several petitions were received requesting j permission to erect buildings; for the grant ing of licenses; and applying for positions on the police force. Considerable discussion arose on a propo- I tition to publish all ordinances, resolutions, j &c. in the Post, whether passed by the ' board or not. After eome remarks, of an linilltprpcfj nrr rnfirrn no tt iflwtlii'r n fiT- tain policeman sliou day; the Board adjoi hould do duty at! niirht or djourncd. iiUANHTES VS. IIoLDEXlTES IVltAT. - The slight "scrimmage'' of Tuesday Jii wherein the forces of Cenqral Burniutt Were so ingloriously defeated, aiut ' cjiptijrcd' i at Weill's - store, was. ienewvd this morning, I after the enemy bad-4aiu on Lheir anuii Uur- iug the night. Tho relttrn on the warrants issued by Arbiter Rutherford was returned i ! from C.yli Ncff. The return on the army roster showed tlie capture of General Bur nett, jSlash and Birney.; .and Brigadier (.Jcuei - ul's Hill, V; u Amriuge, and Woodford refusing to surrender in tlie name of bencraj CJrantj, Here was a go ! Who, ever heard ol a prisoner1 rciusihg to Uiiender j Mr. do. pavis, Col. Jcobcrt IStratbge aud jM. London, Etq., appeared for the "sashed and - girded uphynx ;" and Adam Enipic Esq., ajjpe:ni:d on behalf of the accused' and W. W. IL Burnett t wore, that AVooillord refused to come out of the store of Weill-. Birney unto tlie Anuter did swear that lie was present at ! the engagement : saw no warrant in the hainl.s ol the leputy. Several of 'the cap' tUred ones, did solemlv asseverate. And went was that asseveration. And much c did it create. And it ended as al nrment thinjTfj must end, iu the retaining ot these Holden itesin their own personal rccoguizance in the sum of $-500 to appear this morning before the Arbiter. Selah. - ''.-." , Au the Way ItouK-jj. A wooden wet! ding- Marry ihg a blockhead. --,. A goideii wedding---Marrying for jnumcy. Eluilra (iitzitic. A crystal wedding Marrying a eye.',1- Syracuse Courier. gunss A tin wedding Marrying a miik! maid Auburn JSrews. j j A paper wcddjng - Marrying an editor:. Jti'icu Democrat. . A plain wedding Marrying a carpenter. fSt. Louis Journal. j A silver weddingMarrying an olid maad f ,60. Wtvcrly Democr. j An iron wedding Marrying aj smith. Brandon Hepublicun. A copper wedding Marrying a Rocl-y Mountain Herald. black ball aw. The'worst sort of wedding Manyiug ao- body. Maiwyuuk Chronicle a steei wcuaing lUarrymg a Hiii )j)15fier. I i ; Corry h'bJc. A glass wedding -Marrying a Toledo Blade. ' toper. - A cotton wedding -Marrying almost anX girl, now-a-days.---AWtfVi Sentinel. A second hand wedding MarKing a widow. Ralci'jh standard. A high toned wedding Marrying a mu sician. -Wilmisoton Post. Ouh Editor SunnusED ! -While quietly cogitating our brain yesterday aitcrnoon was' the silvery shecu of a grand cake basket laden down with au immaculate jsugared fruit cake. Wc were approached I The cover was raised ! And there before our nhtonihhcd gfi'-e, like, unto that of Jiasaanio at the casket of l'ortiaj or of Ahuidin's in'-- noccnt ninazement in tin KiKhanted Caveru.'! ttood, dazzling in their hchucss, colored jellies, beautiful 'bou-bousj luscious hg, delicious imported grapes ; Oh wo can't tell you all. They were Scrump tous ! i Well ! we marveled a while whether they -. i were made to cat. And then we jleasted ! 41 llight royal was the gay rcpalst ! " And wc turned over a note ou that salver, and 44 thusly " did it read : With compliments of - ' s C. 1). Hall Confectioner. Euouidi, : if in the coming holidays. Mr. Hall makes buck cakes aud " sweeties,"' wc know who'll monopolize the con trade of this city. eetionery The dandv winmakes .the greatcsttlour itU isu'tlways iu a flourishing condition. - W 1 it .1 4.: . ...j i ! Merchants .Read This. Our fair wilt open in a few days ; Thanksgiving is coming. So is Christmas, Here are holidays. IIolij days bring plethoric pocket books. Pletbo- ric pocket books crcktc an uncontrollable desire to spend money ' People must be ac- miainted with the emporiums where cheap and durable articles can be purchased. Everybody reads the Post. So, Ergo,- you have it. i Mass Meeting. Quite an enthusiastic and intelligent number of colored laborers and mechanics assembled at the City Halj Tuesday evening, pursuant to a widely cir. eulated call. Oa motion, Mr. William Cut lar was called to the chair, and Mr. Geo. M. Arnold appointed as Secretary. J I The following resolutions were adopted r WhebeasJ A call Las been issued by the Me- chanics and Laborers Association of Baltimore fl,fRRTnp havinrr hern Ifnft in accordance with a -5olutiou adopted by the Labor Congress in PlAludelpbia; hist August), and it tsi out Opinion" l,at tl,P host. intorPRt nt tho. Mertianica and Ln- borers here, as elseM'here, will b benefitted by, and thrbugb'.a, bealtby organization, such as it ia contemplated to organize at the proposed Con vention, which is to assemble at Washington,' D.' C, Dec. 12th, 1S69; therefore ! liesolved, That the Chairman of this meeting is hereby empowered and respectfully requested to call together at an early a day as possible, the laborers and mechanics of- this city, with a view of complying with the call. Itesohtd further, That a committee of five be appointed, 'whose duty it shall be to select some u-aw uv w - - $ person or persons to address the meeting when called together, ana emrghten the laborers and mechanics as to their doty in the premises ; fail ing in t his, they are rcquestod to make a detailed report as to what, iu lheir opinion, is best lor the material interest of the .same." l&sohal. That 'this committee be requested to i make known to the Chairir.au, at an early a day s possible, their progress, as his guide, aud as to whether the meeting shall be called for the election Of delegates or to further au organiza tion. I . . Unsolved i That the Secretary furnish a copy of these proceedings to the Post, aud request their insertion. (Signed), Wm. Cuti.au, Sk., I -1 . ' Chainnan. (iEOKGK fl. AiiNOLO, Hee y. i WlLMlNGTO:; AMJ WELDON ill. li. An mjal Mektinov The annual conventiou of the stockholders of this railroad was held yesterday morning at the Court House, pur piiant to call. On motion of K. It. Bridger, S. 1. "Wal facc was called to preside. J. W. Thomp son and J. A. Engelhard were appointed Secretaries. lic Secretaries, with r. Murphy, were appointed a committee to verify proxies. Th'?-President submitted the annual. He ports, but, on motion of P. Alurphy, the rcaiing oi the same was dispensed with. On motion of Col. : Drogdcuj the Keporta of cbniuiitiefS were referred to a committee of three stock holders to examine the same ajid report thereou at the afternoon session. AFlErOOX SESSION. f ho oowvcntioii assembled j.t o o clock ursuant to adjournment, Mr. 8. J. Wallace fhe eoirvention a9.u!Uibled t.t o o clock P in tne cuair. The comnrittec to wliom'was referred the Iteport of the 'President and Director, with tbc accompany i documeut, have had the sume under consideration and l eg leave to present the following Report : " It is a matter of congratulation that the Re ports give evidence of the general good manage ment of the Koad, and that the regular and grad ual increase of receipts, together with the en couraging prospects of a still larger business from the completion of the great work of the Wilmington Bridge Company, and of other Rail roads now in-progresfi, afford reasonable ground for hope that die stockholders will soon be again realizing regular profits' on their 'invest ments." The subject of reduction of local fare and freight appears to have occupied much attention, aud the committee notices with regret that the experiments which have been made with the view of satisfying the wishes of the patrons of the road, ia this respect, have resulted ao far unsuccessfully, and that while eight thousand more way travelers have been transported during the past year, than the year previous, about two thousaud dollars less income -has been realized by the Company from that source.- ; The com mittee, however, arc not disposed to recommend at once an abandonment of the system, rhieh has been adopted, but think that the experiment should be. continued nutil it is fully demonstra ted thatdhe rates should be again j increased. The public can hardly be euppoeed tp be so un reasonable as to desire the stockholders to mam' age their property without some profit, but '-every effort should be made to convince them that "there is no inteution en the part of the Com-' pauy to take undue advantage of the monopoly which it enjoys iu eommou with all similar cor porations, and that full and respectful conde cension will always be given to every reasonable complaint of those from whom the income of , i i. -.i ot the uompany ia aerivcu. in connection wnn the matter, the committee recommend that the Board of Directors shall present to the next an nual meeting, a tabular statement showing the corporation charges made by other railroads iu or any debt incurred iu aid of such cnterprize. The committee are very much gratified with the facts stated iu the leports, to the successful running of the trains during the past year with out any serious loss or accident. Aud particu larly as to the improved, aud excellent condition of the road personally. ' They recommend that the utrktcst regard to economy should be practiced in the management of the Compauy, iu all its branches, aud iu view of the fact that no large outlay has been report- ed, as immediately necessary, for iu the way of improvements to be carried on1 more gradually than the board seems to be contemplating, so that a reasonable portion of the profitsot the Company, during the current year, may be ap propriated to dividends and the stockholder. Respectfully submitted. A. .T. DbRosset, ! , H. T. Clakk, j M. CUOKLT, I - ' . - Committee. I On motion, the next annual raeetiuj; of ! the Convention: was .'decided to be held at i Wilmington, on the first Wednesday atrte 1 the second Monday iu November. : The following otlicers were elected for the j ensuing year : PresTdcnt-H. II. Hridjrers. Directors W. A. Wright, C. 1J. Brogden, W. T. Walters ' 11. F. Newcomer: Gov. W iY. Holdcn, Hon. Geo. Howard, A. J. Dc Rosset, 8. M. Shoemaker, Geo. Harriss and W. II. Wallace. The meeting then adjourned. Our Ulannfactnrins Interests. ? r. An U6cfclftl'0$ft! FiibVit' Manufac- kkbs. Wjiat We Saw; and IIeaud. ha toe PaorLE Eat I-Thursday last determined on visiting our ftllow towns- n,' Alexander Oldham, for the purpose of 'ptcrTiewing" tbc aforesaid, and his iensc Flour Mill. Wc were politely usher- c in, and as courteously received, as on fmer occasions. Making known onrj jctt, briefly, wc ascended to the top s oi the building, in order to intelligently rcfnprehend tbc concomitant adjuncts of nLchinery, organization and process of ninufacturing. FIFTH FLOOR CLEANSING ROOM. j Here spead before the uninitiated j and pandering visitor ; is , I , c. r ! V OUmiCSS grams OI JCrain, Iproiniscuouslv mixed witli "cheat,' and jts luipui.uv o h . imu num iuc t growing Geld?. Here are four different and distinct channels, wherein the "staff of life" in its primitive lorui is placed. These channels are nothing more than 'square gut ters made on an angle ot about sixty dc i j!" gress, sufficient to give the grain the j mo mentum requisite to carry it to the "Clean ser" on the floor below. The first "leader" robs it of! its "cheat" (imperfect grain'p the second of sand ; the. third and fourth ot "shells" kc. Up to a few years ago, when machinery was unknown and ' "The miller would to market go" j These dyspeptic, and indcgcstible ingre dients were choice food. I FOUIIT1I FLOOIi. jj 'Twas hero wc witnessed the method of elevating in these enclosed channels.! On each floor is a pulley, of course propelled by steam, aud these pulleys are counected with belts. These belts liavo small bucket at tached to them, about twelve inches apart, and formed for the capacity of a handful of flour or corn. On this floor, is what is term ed a "Com Cleanser , or Screcner." It is circular in form, inclined, six feet in length, and two feet in diameter. At the more ele vated end, it is covered with half inch wire, to admit of the refuse corn. 1 The second apartment allowing the screening of dirt, saud Ac1. Under each of these screens is a hopper, which conveys the - different grades of corn. The list one carrying it down to the mill, to bp ground, after being thoroughly cleansed. To the left of this, is the. "Bolting Cloth," manufactured from silk This rather complex piece of machinery is nothing more than a frame thirty feet long, and four and a half feet in circumferanco, inclined, and acting as a sieve, allowing tho flour tfcpass .through, removing tlw doc4alls, rgc material, and general unpalatable in grcdicnts. Though it is better expressed in Browne1 "Miller f . !; "For as the miller iu his bolting hutch, Drives out the pure meal nearly as he can, Aud iu his sifter, leaves the coarser bran." It is necessary, to make intelligent the working of this indispensable instrument to all mill?, to take the reader below; and therefore we descend again, to the . THIRD FLOOR. And here is a mammoth "corn bin,-' built to the capacity of three hundred bushels, a daily task in grinding. Here also is a "Hominy Hopper" for making that delicious and wholesome breakfast dish, of which, Mr, Oldham is the only manufacturer in the State. Aud en passant, wc will here de scribe the result of our flour inquiries. The immense encasement of the bolter, renders it necessary that it should occupy two .floors, and hence the principal description oi7 this" machine- must necessarily be made here. Aud hero the mystery of flour grading is explained. Iu the centre of the casing is a small slidej aud the egress or ingress of the slide controls the action of the revolving bolter, and therefore, the "poor tirade" is passed down below. The second slide creates a still finer ; the third a "super fine," and tlie fourth a "Double Extra." And it is "double extra" truly. It requires no so called exiertuos3,or couuoisseurship to be able to deainate good flour. , The taste, the sight, the liaudling is .sufficient. Void snow, bly can than hown I Rub- separate remind- nerv. ani tueir woudei ful' money making power. We just "peeped" into this room, nud saw the mar velous amount of "siuuU" Wc should term it "death j" a it ii naught but unadul tcralcd dust, oi which our -present gehcra- i t'l0n cuii justlv feel relieved' j " - j that our grand parents once at the thoUght, were cancelled to cat this tilth, and iu other towus where they are not blessed with a bcuclactor like Mr. Oldham, they are still masticator of this ideasaut edible. L RECOiS D FLOOK. Ou this floor, taken immediately from tb rcccpticlc, we tasted a small particle of coru meal, a sample of which took the pre mium at the State Fair, as did also Mr. Old- ham's "peart hominy." - this floor, are the Grist Mills, two in . r nn,ratfefl as a!. aiher machinCrv in ! ueparimcm, uy hichuj,. auu giouuu ua . i a 1 . L . . ... . 1 .-.---. 1 ! the bottom rock; consequently diffunug from vthei mill3 as they arc all run upon the top, thus grinding a poorer and coarser quality of meal, litre also, are two homi ny mill;, a "Dutch tau'' lorcleauing out the light, useless material from the hominy, makiDg one thousand revolutions per min-; utc. I From this scene, we were accompanied to the engine room, and here a little sur prise greeted us , in response to our interro gatories regarding the engine. That it was the identical engine that was intended tor Harpers Ferry, manufactured at Richmond, and captured by Sherman at FayettiilU. It still bears the matks of Union bayonets. The fly-wheel is of towering immensity be ing no lets than twenty feet in diameter, and weighing ten thousand pounds, , and with torty pounds of steam will make forty revo lutions per minute. The engine . has a cyl inder of twenty inches, and three feet stroke of piston. The boilers are thirty four feet long, two flues to each boiler, the fire pass ing around the boiler three times before es caping to the chimney. Before leaving this I building, our attention w as drawn to the f - - ; ! - - i -i -..t .? j ( i:Ji massive iron uoor, yxo leer, ana oi suuu iron,, raised from our harbor. It one of the plates of the numerous English blockade run."' ners sunk in the Cape. FIRST FLOOll. In this instance, the first is the last, and therefore we usher you into the packing de partment and sales rooms. Here "Where the eye may feast on fancy, Until the brain grows wearisome." Here arc bins for stowing corn, meal and hominy. Here is the grand gulf which re ceives the thousands of barrels of flour and corn meal, which are received from the up per floors, then packed and shipped to the different part of the globe. Here is the monster drum, greater, far greater than that which graced (?) the coliseum, upon whose control the numerous belts receive their motive power. And here is a inina turc rail raad track on which the produc. tions of the mill are wheeled for transporta tion, i - - v CONCLUSION. : Mr. Oldham, though he has spent an im mense amouut of money, time, and labor in the perfection of his mill still contem plates improvement. Tho manufactory will "turn out" sixty bushels of hominy daily ; three hundred bushels of corn, and two.hun dred bushels of wheat. In closing, we can not but recommend to our readers, the excellent quality of Mr. Oldham's flour, hominy'and corn" meal. The perfection of the machinery, the complete organization, and the able management, renders it useless for cither article to be touched by human hands from the inception to the time it reaches the purchaser. That Contempt. The following ex haustive decision has been rendered by Judge Russell in this somewhat remarkable case. We' hope' this will disposes of the question : In the matter j of Habeas Corpus. Jos. H. Nefl. ) It appears by the petition and the return of tho Sheriff in this case, that the xetitioner is held under two separate orders of commitment, Irom the Speial Court, of the City of Wilming ton both purporting to be issued on the same day and being founded on the same alleged acts ol contempt, yet differing in form and substance, in respect to the manner of stating the acts charged, and the finding ot the Court thereon. What is more remarkable still, one of these pro cesses came to the hands of the Sheriff after the writ in this case had issued, and when the petitioner was in custody under this process. The Counsel for the petitioner, however, allow ed the Sheriff to amend his return, and intro duce the second commitment as an additional cause of the detention, 60 as to bring up the whole question as to the legality of the impris onment upon the return f this writ thereby avoiding the necessity of another application for the same cause. The caae seems to present two questions of law one ot them, "perhaps, not so clear bv reas on of the enactment of recent statutes which have never received a judicial interpretation the other so manifest as scarcely to admit of an argument. 1st. It being conceded that the Special Court of the City of Wilmington is invested with the same authority to punish for contempt, which is possesstd by other Courts of this State, even the Supreme Court itself, can its findings and judg ments in this summary proceeding be sub jected to review by means of the writ of Habeas Corpus ? As a general principle of law lt oust be admitted that the final judgments of a Court of competent jurisdiction cannot be dis turbed ink this manner. Not Only is this so upon principle, but by the recent Act ot Assembly, regulating proceedings in Hahaet Corpus, Public Laws, 186-,69, Chapter 114, Section 2, Para graph 2, it is provided that the writ shall be de nied when it appears that the party is "com mitted or detained by virtue f the final judg ment, order or decree of a competent tribunal of civil or criminal jurisdiction." But does this mean that the mere fact, that the commit tintr authority has jurisdiction of the generai class- of cases to which the particular case may beloug,shall exclude any inquiry into the legality, of the imprisonment ? That if a peraou couvict ed of a misdemeanor 6hould be sentenced to be hanged, he could have no judicial remedy 5? cause the Court which tried him had the author ity to try misdemeanors ? It may be said, that in this ease, the party would have the right to appeal from the unlawful judgment, or, M the appeal should be refused, he would be entitled to a certiorari. Admitting for the 6ake of argu ment, the sufficiency of this answer as applied to almost every other case it will not do in cases ol contempt, because it is well established, that from the judgment of a Court in an attachment for contempt there can be no appeal ; neither will the writ of certiorari lie. 8tatc vs. Mott, 4th Jones. State i s, Woodfin, 5th Ire. So that it is clear, that unless the party is entitled to the writ ot Habeas Coi-pus he is entirely without reme dy. The result of this would be that the citb een, would be placed entirely at the mercy of cvry Couri in the 8tate, from the highest to the lowest. One ot the inferior Courts of the State a person holding the off ce of Justice of the Peace, might under a mistaken idea of his own authority, or from corrupt motives, perpetrate the most alarming outrage trpon the liberty or the person of the citizens,' and the law would bs powerless to give him protection. r The Courts would be slow to come to a conclusion which might result in consequences so t dangerous to the rights and liberties of the people. . It will be observed that the statute uses-the expression "Court of competent civil- or criminal jurisdiction.'' Strictly . speaking, the proceeding In contempt, iv neither a civ il nor a criminal action.'; It;. is' !slmply a proceeding prov ded by the Legislature for the guidance of the Courts in enforcing an authority that is inherent in every Court ami necessary to the existence of every independent tribunal. When the statute uses the words ' ' Court of competent civil or criminal jurisdiction," does il not mean limply to refer to cases which fall strictly under the general classification of ac tions, civil and criminal' cases which are al most, universally nur partes, where the remediee by rppeal and certiorari exist and in which it would not be allowable to have a review of the merits, to have in effect a venire denovo by meAns of the writ of Habeat Corpus. I take it, that after all. the statute is but in atHnnance of the com mon law under whick it is admitted that aller a final adjudication between parties by a compe- tvut vutut, duw ujutunuoa coma not De re viewed by means of this writ. But it is equally clear that at tht common law a commitment for contempt, jn which tke particulars of the of-. ience were set out, could be reviewed by Hab?as Corpus. Ex parte Summers 5th Ire. Under the Act of '46, which required all the DaiHenl.ru tlnctly set lorth in the record; it is believed that it uu never Deen aouoted, that the commitment could be reviewed in this manner. Tho Court cannot believe that the Legislature intended to take away this efficient and necessary restraint upon the action of inferior Courts. ' In support oi this view on the construction ol ths Act of r69 it will be observed that in Section 21. Pa- -.Y. O t A- 2 - . S At .. m . ragrapu u, it, is sua uiai u snail De. tne dutyf of the J udge to remand the party if it appear that ne is in mief A.V 'frtF fltlT -. wm A ....;ti . ... vu.aivrv.r wuhiuj, DLrocmiiy ana plainly charged in the eommitmsnt by some Court of ficer, or body having authority to commit," for the contempt so charged. "Not for con tempts generally, but fori the contempts so charged ihtt is when the acts charged consti tute in themselves a contempt in law and one which the Court has authority t- punish. 3d. The remaining question is'this : Do the acta found by the Court to have been done by the petitioner constitute a case of contempt under the laws of North Carolina? From the record, commitments and affidavits upon which the pro ceeding was founded, we gather that a contro versy had arisen between the Clerk of the Special Court of the city of Wilmington,and the petition er who is Mayor of the city of Wlmington, in re gard to the possession of a certain , room in a public building belonging to the city; that the Clerk was ia possession ot the room and the Mayor claimed the control of it ; that the Mayor demanded the possession which was refused, he being at the same time informed that the Special Court would meet in a few days and that it would be most inconvenient to remoye the papers, books, &c., before the session ot the Court; that the petitioner then took forcible posession of the room in question, turning out the Clerk and removing ths archives ol the Court ; and that the business of the Court which met some threa days afterwards was interfered with by reason of the so recent removal of the records. t A rule issued to this petitioner to show cause Why he should not be attached for a cdutempt. At the 6ame time an order was made directing the Sheriff to demand a restitution of the room. The petitioner responded, admitting that he had taken forcible possession of the room as ckarg ed, asserting his righfto do so by virtue of his office as Mayor of the city, and averring that ; it was not his purpose to commit a contempt of the Court. Thereupon he was adjudged guilty of a contempt , found by the Court to have been committed in this : (1.) "A breach of the peace aud disturbance complained of by the Clerk of the special Court under oath, directly tending to interrupt the proceedings of said Court. (2.) The forcible and unlawful seiiurc, Ac, (3.) The unauthorized removal of the re cords, &c. 1 - 1 1 (4.) Wilful disobedience of au order of sakl Court lawfully issued." As the opinion in regard to the last specifica tion will be decisive of the other three," it is only necessary to consider that. Was the order, made by the Judge commanding the petitioner to restore the room, "lawful process?" This depends simply upon the rights of the respective parties to theroom in disnute. In answer to the rule, the respondent (the present petitioner) affirms that this room is in a public building belonging to the city of Wilmington ; that lt bad been temporarily appropriated to the use of the Clerk of the Special Court ; that this was done as a mere act ot courtcsyt and with" tha reservation that it was to be at all times subject ) to the control of .the Mayor and Aldermen ; and that In removing the said Clerk h was acting in obedience to an order of the Board of Aldermen of the city. These averments are not denied by any thing in the record. It nowhere appears that the Court found them to be false or erro neous, and they must be taken as true. I do not flryi in the act cstabiishiog this Court or in any other public law, any provision settinir anart this room; lor the use of the Special Court of the city of Wilmington. Then, il the room was bv law unaer tne exclusive control of the Jfoard of Aldermen of the city, the Mayor of the city com mitted no contempt of any Court in exercising that control under the orders of the Board. As said above, this view of the fourth, entirely disposes of the three first specifications. It is not alleged that the " breach of the peace," or the " forcible and unlawful seizure," or the un authorized remoyal" of the records or that any of these acts were in the presence of the Court; or so near thereto as to obstruct the Administration of jusrice. It is true that the -. Court charges that the " breaeh of the peace," and the 4 disturbance" directly tended to interrupt its proceedings," following the words of the act of ApnbHSeV; but a careful reference to this act will show that the third section applies only to acts committed in the presence of the Court or so near thereto as to interrupt its proceedings. There is among the papers an affidavit to the effect that the petitioner had caused notice to be given that application would be made to the Legislature to abolish the Court, It must be ta ken that the affidavit was heard for some other f urpose than that of making a rule upon it ; for would not do the Judge the iu justice to sup pose that he considered this publication a' con tempt of tha Court. 1 POSTLINGS. Pave the streets. Thin lips arc firm. Ycrger case, ttal 9 qu. Spaiu is yet Kingless. Admiral Stewart is dead. Victor Emanuel is dying. ' Button holers at the Capital. The Pope is seventy-seven, j Mosby is in Philadelphia. 7 iu; ' j'v.txiL'''nT4"nio'g Dark roofs attract the sun. Hyacinthc is going to.tbo 44 Hub.'' Grimes will resignon the Gth prox. Seward is lying ill in Mexico. Sulphate of iron wilf preserve iron.. Paint shingle nibfs, its preserves them. Two feet of snoi i ue aiutrovric. t trti"irffttt ; Agassiz is Earthquaking " iu the West. i. Norfolk cries for street pavements. Time. Gotljain Ijcllcs affect large steel buckled slippers. Fifty-scren per cent, of English gi rls be come nurses How arc yoti Susan B ? ' v Boutwcll; VQX Capron and Delano will attend the Georgia fair. . The 3IacplrerspQi sash, a Uluuie iScotc h pjiivl. is aflfctcted bj New York belles. . U.13. Stoweti the woman who has ad vertisements bC-iffft. : - V ; -.Tha KeJ York StatcPoultiysoQUij'a -hibithnr takes place io New York city oil December 1st. V-in'Utica. Nw vrk rrauils liirTt.