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.