m ttBBjMiMMM r ... -j - r--" VOL. IV. SALISBURY, JV. C, DEC. 3, 18(5.). fIVO. 48 ) erijtfODIbNarth State? Xj 3D "W X ri'HMrtllED WEEKLY BT Editor and rjeoprietdr. HATES UF UHI HIIT ORTY TUOCtUVD CASKS OF GOODS were ghipprd from our bouse in una Tea, ' families, clubs, and merchants, in every part of the country, (ruin Maine to Calilurnia, amount ingin value to over ONE MILLION DOLLARS. Onr f:u' I it ii for transecting t h i immense bu siness arc better tlian cur Lcloro. We hale agents in all the principal ritic I)' Oxe Year, payible lu advance. 00 ( goods from all the Manufacturer, Import Six Monthh, 10 Copies to dm luldre,. I'dk-v Advertising. OODDINS COMPOUND OKNTIAN' BLTTKKS, The Great American Tonic and Di vretic I Recomr ended and prescribed by physician wherever known. The "Compound Gentian lliiler-" are mailn to purchaso f1'"' pu'ert and best Vegetable Tonic and , Importer. ' Aromatic known to l he profession. They also . 1 .50 and others, for Oath and often at nn iniuieuM ' contain twentr per cent of Ri.,50. , saeiiiicc from llie tiiuaj.c of priHluctiuu. ifra- R (J 44- H U 0.11m (Jur stock, consist, in imrt. of the foils, ins . . . . . MFW : j - w APPEAL TO TITE PEOPLE OF NORTH CAROLINA. Section I, Chapter 02, Revised Code. The ilcclion for members to die Rotate and Mouse of Commons of the General AsseniUy shall be held for the reepeotirc district and counties at the place where they are now held or may be directed hereafter lo be held In the manner as hereinafter pre rlbed, on the lirsi Thursday in It was broadly intiai ... .! by leading spirits in August, in the year one thousand tight hundred ARE WE A KELr-OOVEHXINO PEOPLE, OR SHALL WE si. rui n okk OCR 1.1 ni l: I t I - TO A DES PICABLE OLIGARCHY? the dominant party, during the last session of j and fifty-six, and every two year.-! theruaftcr On Square, first insertion. .....$1.00 Por each addirfnnat'imertfoti. 30 Spee'ral notice arill be charged 60 per cent higher than tho above rates. Court and Justice' Ordera will be publish ed at tho tame rates with other advertise ments. Obituary notices, over six liues. charged as advertisements. CONTRACT RATES. goods: Which makes them, beyond all question, lb- Shawl, Mattel, Quitlt, Cotton. Gingham. DIURETIC in existence; and for Di Pre Good, Table linen. Ton-els, Hosiery, iresaed Kidneys, Madder and L ntiary Organs, Coeca, Skirt, UorHU,4x.,Jbc l"r mwemor, equal! Those who Silver rtaltd Ware. St.onllittdm Xickrl , "T lnw ninere, pw tw nm;wn,K ,rm- -4i BPACF. 1 Square. 2 Squares. J! Squares. 4 Square. $ Column, i- Column. 1 Column. O a C ' r i s H ; C $2 50 3 75 ijo 00 $6 50 1.1 ltd o0 0 25 8 50 Kl 00 22.00 ' 0 00 12 00 20 00! moo 8 00 1 1 0O 15 Xt!25 00 :i7.50 1 1 00 Hi 0O 20 (Ml :t (JO 45.00 IS 00 24 00 .) 00 45 00 75.00 tfrt 00 40 (( 5t) 00 80 00 130,00 JtRSK. L1.NI FOR SALE. The SUBSCRIBER ( SVrs for sale that Tal uab e fsnn in llie Jersey Settlement of David son County, known as "THE THAI.ES MC DONALD' PLACE " Said farm lie inimedt. atcly on tlie Yadkin River, j m below the Tra ding Foar.l, and (n both sidee of the N. C. Eaiiroa-i three-fourtlia of a mile from the !Io!t bng Depot. Tl.is fa;m contains about SCO a:res, about sixty a.res of which iaexcellent River Bettcm and the rcmaoider good Jersey uplands.. A large part of it is auii to k!. and heavily timbered. Toe farm is in a liinh rtate of enkieation. well watered and stot:ked with Well disposed and contented tonanta It ie well adapted to the growth of Cotton and Giain, and ia, atto ceii.eri one of th moat vaUiable and deKirablu lesueu.'-irtTtrfnirca-anixtuvimo i tt-mrex of .n-f dution's Hiids,cif America as ruppiementa, and other fine engraving in each number. The .W remWr and December numbers free to new suli-ecriltcr-. The most instructive, entertainirg, nr.d 1 est Juvenile Magi.iine comprises 'numerous and novel lectures that are peculiarly its own, and entirely free from thegrobs exaggerations ko common to juvenile litcraturt. Our monthly Young A morion presents the linest colored nnil other engravings, the best stories, puzzles, prizes music, Afid a host of H9 w and interesting mu!j jerts that will not only secure the attention of Jt and (iirls, but serve to purify and elevate their minds, communicate much vluable infor mation, and prove a well-spring of pleasure in the household. Yearly mbseription j' -S," with rtpo d Micro ecope, or a pearl-handle Pocket-Knife, er a beau tiful Book, as premium to each subscriber, and rpiendid premiums given for clubs. Address, W. JENNIN'fJS DEMOBEST, S:W Broadway, N. Y. Specimen cpies, with circulars, uiailtd free on receipt of ten cents. New subscribers sending in before the first r,f January next will receive the xovembcr and D-vciuiier numbers free. Silver, hettrt Fork, five bottle vUled Cantor. irittama Ware, Glut Waif, fublt and Poeket Cutlery, in great variety. Elegant French and Qern.an Faney Good Beautiful I'hotoyraph Album, the newest and choicest styles in Moroco and Velvet bindings. Marroceo Travelling Hig, Handkerchief and Glove lioxe. t. Gold and I 'la ltd Jetvelry, of theneireet ityle. Wo have also made arrangement with some of the leadini; Publishing Houses, that will ena ble us to sell the F'andard and latest works of popular authors at about ore-half the regular price: such as Bvaox. Moork, HfRSS, Mil. ton, and Tkxxysox's Works, in full (jilt and Cloth Bindings, and hundreds of olborn. These and everything else for Oee Dollar for each Article. Wo do not otTt r a single article of merchan dise, that can be sold by regular dealers at otir price. We do not ask yim to buy goods from us unless we can rell them cheaper than you can obtain them iu any other way; while tho greater part of our goods are sold at aliout One half the Itequhtr Hate. Wo want good reliable agents in every part of the Country, Bv cmplovinaaour spare tune to form clubs and sending us Aders, you can will in every case find them a safe, pleasant, speedy ana effect ual Remedy. Trey are a sine preventive and cure for Chills and Fever, and all Malarial Dieeasea I DYSPEPSIA, INDIGESTION, SICK-STOMACH, COLIC, blCK-H E A DACHE, BRONCHITIS, ASTHMA. COLDS COUOIT, KKUKALOIA, GENERAL DEBILITY, Diseases of Kidneys, Gravel, he, and every Dieae requiring a general Tonic impression. -if Kot Diaeaaes peculiar to Females it is almost a specific. I convalescence from T p'.-.i i ai4 other low forms of Fevei it is the very best Tonic that can be used. The Compound Gentian Bitters Aieet with umveisal favor, anil have received l he strong est testimonials ever given to any medicine, a few of which we append below: This Ts To certify that I have UseJ Dr.vGqd din's Compound Gentian Bitters and cheerful ly recommend it as the very beat Bitters that uie i.irisiHiure, mat ttiat body wotua declare itself elected for four yours, instead of two, and that it would eontinue t;j make lavs, Jevytaxe . eleel United States Senators, and iKjrfo'rm the- which this pr. .s,-. impudent usurpation Is ba sed to iU logical e, .ii- ;ie-nee- It rosulUi in a j erM'lual legislative body, independent of the people, ami responsible v no one l.nt to it I member for their conduct. It is obvious that by the "first ensuing regular election" is meant the first Thursday in August, 1818. This sec tion is less explicit than the others to which we have draw n attention : but is it not inconsistent witn ttiem, ar.it cannot ! so construed as to other high functions belonging to the General ' not rermgnant totiifs Constitution or lo the Om Assembly under the Constitution, until the year stitntiou and laws of the Lnited States slull be '.f grace, 1S72. Improhxole as this high-hand- . in force until lav. folly altered, ed usurpation s emed to le at the time, it is now I It in fairto prcsunie !. ,, die ili section of sa4sHM toe eertaiutv that il is nieditalui bv m. I the aemrul Ariiele of tl 1 --ujitntinn ,-,.r.. ... larae party in the Legislature, anil out of it : tin's statute, when it nanus, the "AW r,.l 1 J !. l: J. .1. " i .i i . . . . . .mo it is nigii iiinu ii. e peopie were moviiii;, u , election. in tins view ol the ease, which l ull validil v is given to this section of the l(l'Vssl l (Mil- IV till' lotloWlllff ScctlOll of llie ' overllimu the Li. on'i ,! el.im,.,. of ll, t ...rl new Coii.titutioii : i isture. nor to take wv from the oeoulc the .,v. , , . ic o, .oriu v aroniia ! nuru 01 noimnj an election on the lirt imirs- they wmild defeat the treasonable combination for their enslavement. Public meetings should immediately be held in every county and neigh borhood included within the broad circumfer ence of die State, and the conspirator should lie made to feel by anticipation, t merited pun ishioenjt of their crime. Tliat all the people may see the We-facct! im pudence and audacity of this attempt to trample on the their right, ami aawrp their srovcrnment for an indefinite per e si oi" aiuie, we have made the following analysis of the constitutional pro visions relating to the tenure of legislative imiw er. It will amaae honnt citizens, wiio hud no opportunity to examine the subject, that any man or set of men in this enlightened day dare to come forward with such a proposition. The plainest and fairest statement f the case will suffice to amuae the public indignation to a de- conciles an apparent inconsistency hi the Con dilution, llie hrst Thursday in August, 18S, was intended to be indiatcd, a tho "first regular eleetion." It Imrmouiies all mrt of the Con stitution, and explains it iu the nente it was pnt Iwfore Uie peopl.-, advocated by it frameiw, and understood by the people, h therefore, c.ns.i tute the true olntion of the anthiguitv. It will be urd that the constitution authori ses the General Assembly to "change the time of 'hoi. titer tl. .1,-,-t.oi,, bt it.:- ran only im ply a power to designate one day in preference to another, aiAta tie earn year ; for the same clause provide that an election shall be held "on the first Thursday in August oije thousand eight hundred and seveutv, uaJr- ry too years tkereiftn:" The following clauses have already been cx poundtsl by the court, and their ruling is wliol- gree which no other event in the history of the i ly inoonsisted with the uauriMtion theorv. State has done. We hesitate not to av that the 1 See. 20, Art VI Judiciary The Justicd of Cash or ZWerchaadiae.eoil all i- I - sent A splendid prize for Uie ladies. ITie finest, most pleasing and costly Parlor Engraving ever, published in America presented a; a premium to each subscrilier. Jhei Useful, the Entertaining, and th? Beautiful. 'Die Model Magatine of Aincrica. Dr-morcst'a Illustrated Monthly THE USEFUL in Demorost's Monthly com j.risi - die UUlitic of Faohion in Ladie' and Children1 dress, Including full-sire Fashionable Patterns, colored Steel Plates, etc.; Gardening, both tin ful and ornamental, iiaptcd to Ladies: Model Cottage, widi their surroundings; ana Home Matters in alt their deiartBients. THE ENTERTAINING romprisesOrlginal Stories and Poems bv the best authors, Spicy Jeems, Popular MtWc by the bent composers, etc, etcs THE BEAUTIFUL comprises numerous ilr lostnitions, in the highest style of art, printed on the finest calendered paper, in Ihe best man ner, got up in a style to form a splendid volume for binding at the end of the yeir, and altogeth er, a monthly visitor that no lady of taste or economical housewife can afford to do without. Yearly 8nbcriition, only $.'.00 with the finest, largest, awl most pleasing engraving ever finished in America, and richlv worth J 10, en titled "The Pic-Nic on the Fourth of July," ariven as a premium to each subscriber, and vplendid premiums for cltilw. Addreaa DKMORnrrV Moktiilt Maoaukr, 838 Broadway, N. Y. 'hen cnt by mail, the postage on the En graving, ten cents, most be Included. Specimen copies of the magazitie with eirru ln, mailed free, on receipt of fifteen cents. SURPRISE BOXES. Something Xrtc and I'rry Desirable. Kcw II, v ie flood with 1 k and MMnrted f si er- J candy, and every b ft sviil give.yon a n a raio' fJold aoS Ivr Wai. lns Watch (Jliiin. Hemes' an lt;ei!' It reset fins. Sleeve Bnti ue. tii(l.-ijir lii-e. ' - c THEY lU-TAiL AT 25" CtN by us will be as represented, ami we guarantee satisfaction to every one dealing withotirhouse. Agents should collect ten tollU from each cn stumer and forward lo us in advance, for De scriptive Checks of tho gotsls wo sell. Ti e holders of ti e Checks have the privilege of either purchasing the article thereon devrtlr ed, or of exchanging for any article mentioned on our Catalogue, numbering over 3T0 different articles : not one of which can be purchased iu the usunl way for the satn money. The advantage of first sending for Cheeks are these : We are constantly buying small lots orrery valuable goods, which are not on our catalogues, and for which we issue checks till This offer-is more especially to sist Agents in the Western and Southern States. but n open to all customer. (IOItlIO Agor.ts will he paid ten per cent, in Cah or Merchandise, when they till up tlu-ir enrw etuli, tor which below we give a partial Lint of Commissions: Sor an order of 930, from a clnb of Thirty, we will pay the Agent, as commission, 2 yds. Drown or Dlcached Sheeting, Good Kress Pattern, Wool Square Shawl, French Camirre Pants and Vest Pultrfti, Fine large White Counterpane, etc., etc.. or $:! 00 in cash For an order of 950, from a dub of Filly, we will pay the Agent, as Commission, 45 yds. sheeting, one pair of lieaw wool blan kets puplin dress pattern, handsome wool j square snnwt silver-case wiucii, etc., etc., or fci.no in cash. For an order of $100 from a club of One Hundred, we will pay the agent, as com mission, 100 yds. of good yard-wide Sheeting. Coin-Silver Hunting Case" Watch, Kicb Long Wool Shawl, Suit of all Wool French Cash mere, etc.. etc., or $10 in cash. We do licit employ itty travelling agents, and customers should not pay money to person purporting to be our agents, unlets pertmetltf, acquainted. Send Money always by egistcr ed Letters. For further particular cnd for Catalogues, FARES R CO., 99 fc 100 Sumner St., Ration. Attte. Oct. .r, J86'.l. 41-ly 1 1 can be used for ordinary debility, siek stomach t Jt,.. I 11 11 II T If It 5e. E. M. HOLT. M. D Lipscomb, O ange co, N. C, .May 16, G'J I hereby oerfify that I have been uing Dr. Goddin's "Compound Gentian lit'ters,' lor C' gh, General Debility, efce. and I am fully satislied that they are thebest Lhtiers of which I have any knowledge, and ihe best Tonic of fered to the American people. KOI! T Y. SL ATER. Henrico county, Vap, June 2, 13i9. Dr. Godiiir : Dear Sir: I have been suffer ing for twenty years with an affection of the kidneys, prostrate gland arid stricture of the iiteioin; itnve oeeu uuuer uiv iieaiiiiciu oi , ' JAMfcs'T. WHiOl.VS, J'roprietary Wholesale Agent, NORFOLK, VA. For tale by Dr, G. B. Poulson, Salis bury. N C. 38 tf jeci matter, nun reterenee to wlncli the expres sions are used : that the e.T.s t anil conmsinenen siK'ceas of Ibe scheme would be the overthrow of I the Supreme ourt shall be elected bv the oual- of a particular construction is Ito be examined. i; i.i:. ... , : .i i i :.i . . . . 1 . . i nuii. koi i-i oiiieui in no- oiuie, aim uie , iuiu wiui ... ure aif, as pr.ivi.icu lor tm i occausc, ii a literal nieanui" wouiq involve L:....l. .. :, i i i . t e.-i .. t i . l . . ,.i ,. . . . day of August, 1870, which is explicitly given in the ?9th section. Taken iu connection with the clause quoted from the Kevised Code, it i entirely cmsisuiiit with the other Dart of the Comuiiution. On this qitentinp of Oonstrrutional wnsirvie tion, Judge Story, in his Commentaries on the Constitution of the I'uited Mates, lay down the rule as follows: " J ne first and fundamental rule in the inter pretation of al instrument is, to contrue them according to the sense of the terms, and the in tention of the parties. Mr. Justice Illackstone ha remarked, that the intention of a law is to be gathered from the words, the context, the subject-matter, the effeots and consequence, or the reason and spirit of the law. He L-oes on to I atiest of the Senate, after much hesitation, cx justify the remark by elating, that word are , pressed an opinion, iu rcquard lo theqnnlinca .......... I ) ... l, nitu.iMil E , I. .t 1 1 e . .1... l. .i. . i ua i f -in... uuwever, waa um omy 1 1 ons after the first Thursday In August, 1870. Out the question ha already bean settled by the Court tint it will not, arid cannot legally S've opinions except in case "constituted ' bo re It, and we have done injustice to it by sup posing for a moment, that it will aire an opin ion In the premise, as the following letter frosB Judge Pearson will show; BrraKME Comrr Room, ) Raleigh, N. C., Feb. 'bU To the Hoi. T. R. CuArWf, Lieaf. Governor, daiul tU Hon. J. Y. ILiLUu. Spvaker, dx: I hare the honor to acknowledge the receipt of your letter, with the accompanying resolution of the General-As-emMy, requeeilng the Su preme Court to rive il opinion, la regard to tha validity of the Ifomestcad exemption, against debt contracted prior to the raiiticatioti. ui uu C6n'iirtrrian. With every disposition to comply with any request of the honorable iiodica over which you preside, the view of which the Justices of "the Court take of their Coi.stitutional duties forbid them from doing o in this inlam. The func tions of the Court are restricted to eius ooasiU -luted before It. We are not at liberty to pre judge question of law. In the contested election between Waddell and Berry, the Judge of the Court, on the i..- generally lo lie understood in their usual and most known signification, not so much regarding the propriety of grammar, us their general and popular use ; that if words happen to be du bious, their meaning may be established by the context, or by comparing them with other words ami sentences in the same instrument : that il lustration msv lie further derived from the sub- 40 YEAKS BirOBB TBI PUBLIC. IF OTHIR Remedies FAIL FOR HttONUHlAL AM) LIVER DI SKASES read the folic wine: ThoaissH. Halney. Es . flranville eo.. N. C. says: -I fiml ymir Kills to te the het family m-JI-r.m i I, jive e.er im-l. Ttiev bate asovad vervben- etirial Id my own car. I have heen very much sf- i bers of the House of Itepresentalives shall com tlirted BirBPeen years, and have tried every kiiol of i menee at the time of their election : and the taeeV-jft that I rnald get. but have fminil more re m , ,. . ... A: . . ! iter irnm ynar i-ius inan bii uiurrs sulistitution in it place, of a de-uieuble otigar city, comiiosed of the worst demagogic- that ever reveled in the misfortunes of mankind. The following quotations from the Constitu tion, framed by the men who now propose to overthrow it, will make plain the treasonable character of their scheme : Section 3d, of Article H, is in these words: "The Senate shall be composed of fifty Senators biennially chosen by ballot.'' See. 6, is as follows: "The House of Repre sentatives shall le compesed of one hundred and twenty Kcprcscntalives, btentuaily chosen bv ballot', &o. The 20th Section is as follows: "The election for member of the General Assembly shall be held for the respective districts, and counties, at the places where they are now held, or may be directed hereafter to be held, in snch manner as may be prescribed by law, oa lit iret ThurmLiu.. in .-lteriV, tn the year one themmnd ei'jht b -wired tuccfjM i 7, ore eC-trd at a reindar eleetion." It thus appears that lite Legislature i to he elected biennially, that the first remd ir election Is to lake place on the "ftr Thursday in Aug!, in the year one thoutand ci;;ht hnmlveit and eei enty 04, and ibat ihe legislature now in lieing which waselecteil in April 1H6H, at an irregtdar elec tion, "shall hold their seat- until their succes sor are elected at a reanlar eleetion ;" vis : until election of mcmlicr lo the General Assemble, manifest alfurdiiv, it ought not to be aduuted : They sliail hold their oili'-e for eight vears. ' and that t!ie reason and spirit of the law, or the The Jud;;e-- of t!ic HiMH-rior Courts s,nl be I causes which led to its enactment, are often the elected in lilce manner, ami shaB.Iiold their of l st expniienl of the fifus, and limit their ap fHtes for eiglit ymrs. Itut the Judges of the Su- plication. ' The nde jK-rior Courts elected at the hrst election under th Constitution; -shall, alter their election, un der the s'.iperintcivicnce of the Justices of the Supreme Court, le divided by lot into twoetiual classes, one of which chall hold ofE-c for four years ihe othtr for eight vears. Sec. 3J, Art. IV. The omorrs el.eUsl at she i dont mischiefs, fr m known habils, first election, held under this Constitution, shall i institutions, and from oilier sorv iioiu incir i .ti. . - iur me lerui prescrtbetl for them respectively, ilex! ensuing after the next I regular ehe!i,,n for members of the General As- j serublv. Rut their terms shall begin tijior. the approval of ibis Constitution by the Congress oft the United States. then adopted are to construe the words accord ing to the subject matter, in such a sense as to produce a reasonnble etfect, and wilh reference to the circumstances of the pe tiliar '.ranact kin Light may ai. lie obtained in such ease frcru cotemporsry fart, or exposition, from eiitcce- tn inner nud s ai:uo-t in ii'.imcrubie in drawing cac." which ma v justly afleet the judgment a fit conclusion in the particular It is msuilesf that these rules of Constitution' al construction !ai.I down be Story '.and Illack stone are wholly incompatible with the theory would have dated the regular terms of the i."n from the iirst Thursday in August 1872. in not merely four months, but sir month"; ami the class hav- Sr-irSn,-.. Watts. Cannon. Henrv. .loops ami Mitchell, shall hold their ofliecs for eight years. Now if the Jnf icci of the Supreme Court had understood the Consti'-itinn a the I 'surfers ilo. tin .1,1. th:: throwm iiro veal iu the alxivc named first Thursday in Angiwt, one j in? the short term would have been declared thousand eight hundred and neventy. eiecieu lor ;x year? anil inose oi me long icrm The framer of our Constitution will not be for ten year, regarded by posterity a masters of style in com- Hut this ts not all. The Governor and all the position, bilt it is due to them to say,' that iu this State officers would be entitled tititlcr this olhid instance at least, they have made themselves section of the IV Article lo held over frtr terra well mid. Mood. We undertake to say that j of six years. At this rate, and the inference is honest minds can have no two opinion in the i logical from the premises laid down by ihe premises, and that it wifl be a dangerous cxper- j tirper. this scheme of holding over by the iment for the present legislature lo bold over Legislature is a conspiracy to overturn Ueptib loneer than two years and three or foor mouths i Ik-an institution in North Carolina, and to es- It will be sii-n that all oCiceraeleciedin April i of the l.'surp.-r. Gathering the intention of l?iii!UttfcU4f and the "effect and four years, and the other cliiss embracing Messrs. ' consequence'' arc, the betrayal and overthrow of poiiui.w government, uv an uitlieard ot, on. purely fraudulent interpretation of the Consti tution. We tiro told by Judare Story, as quoted above, that "light may also be obtained in such rases fron contemporary facts, Ac. New, what are those fact? H.is any one of the fraudulent I'usurpers tiie hardihood to pretend tliat he or anv one else in the State of North Carolina, lion of instance in which it was ever done : and it was put en the ground tliat the question could not corns before the I ourt in a judicial form. The questions set out in the resolutions under con--idcration, not only mav, but in all probability will come before us for decision. Respectfully yours, (Signed,) R. M PEARSON. The majority In th Senate must be a'lliced with short memmories, or thev must be the most importunately inquisitive body of legisla te -s that ever met in council ; else how could i hey have addressed another resolution of ui. nniry to the Court, upon a made up case, after litis answer from llie Chief Justice f It cannot pretended that the validity of the proposed action of the legislature can never become a icthject of ordinary litigation ; because it i manifest that the p op!,, will not tamely submit to be taxed by a set of irresponsible Usurper. The first appeal fiom the tyranny of the usur pers would lie to the Courts when the right of the present body to hold over for four year would be the turning point, and the sole issue. In this connection it is proper to add, sinco the I -neper- attempt to cover their fraud by a verbal ambiguity, to analyre still more closely the cianse on which they rely. For thi pur pose, nud to have it before the eve of the reader, we quote it a second time as follows; "Tim terse--f C--, . . "v. over, and the result was oflicialy declared. That (lection was held under the Reconstruction acta of Congress, which provided for it, regulated it condition, declared who might vote, and who should not ; and those acts excluded from the polls thousands of eilixens who were ttifraiich. chi-ed by Ihe Constitution, which was that day ratified. The truth is that the Reuaasti iicfwn act provided oulv for an election to ratify the Constitution ; and merely permitted the states to elect their leclslators on the same day. Cer- pnor to the ratification of the constitution, told j tain parties in the Convention were constrained against tneir wins, lo admit me principle oi for which thev were elected. It is said the friends of the propouRu' usurpa- i tion base their claims to a four year's lease of J power on the twenty tcvenih section of article Ii. 1 It is a follows: 1 he t-rms of onicc for ?cntori and mem Mv -disease i bronchial smirtUin. snd romplete proatrat-oa of tli nervous system. I hsve used them In ten or fif teen case in my fiimily. anil lad tlirm to be tin very medicine for nearly all family diseases " The Cure Is Thorough. Kennsth Hsynes. K.-q. . fieri ol rcilunibnscoooty roait. writes (April 3, IH63:I "During the Isiter term of office, of those elected at the first elec tion held under ibis Constitution shall terminate at the same time a if they had been elected at Ihe first ensuing regular flection.'' It is pretended thai (his section confers upon the members of the present Legislature the right to hold over as if they were elected on the first Thursday in Aueut. IS70: that being, as it as sumed, the period for the "first regulareleelion." tahlisit an oligarchy, irrespons.!.!." io the iieoi !c. It will be carried inoi cfiirt, n "mil tint, on the Nspdeonic model ; and if not defeated now. be fore it is consummated, there will be left only the alternative of submission to slavery, the siarery tf all c'-'-aes or revolution. It is tin easier and biMter way for the ps'oplc to let the tvrants know in advance ibat thev will not sub mit lo the usurpation. the people that the legislature first elected April would hold over for lour years: I)!d there exist any reason for giving so much power to that body ? Is it usual or reasonable nay, is there a single precedent for such n thing! It is within the recollection of every citizen, and the published controversies regarding the Constitution, will stilistantiate the fact, that r.o such declaration was made by any friend to its ratification ; nor did its enemies, in their not over charitable criticisms of the instrument, find in it anv ground to siuqiccl that its framer could place that fraudulent interpretation upon it. The attempt to hold over for four years, therefore, liesiilcs being a high-handed usurpa tion, amounting to treason, and bringing with It all the pains and penalties of treason, would be n fraud upon the pisiplc, as base and infamous in n.MTCTi-n i.v GEORGE MILLER & SON, GlGMarkU Street, Philadelphia, Pcnn. and so'.J by Coafectloaers and c-u-u (errs ev ri !i"e. Tin il. ,vr. 1 i'-r ttijske i-onfe-.tioncry crsit fist iue tra.'c 'e ds".-! t.. lors-nl UWir et.ieis at imre. V. i. raili',11 ci-ir fr!. ii !-to l nn1 ,f ..rili les.. Imitit' liie lt.ui Tea 1eln; llieorig.aal Isia. Ita maiiilarl of wait I !.aO 'js U asiLtiinei!. . a . i " State of Worth Carolina, ( A l.l-.X A N Milt COUNTY, $ Supei tor Court. E.Imund Kerley, a. It. .in sti tor of Alfred r- i idaon, 1 against Iae Rusell and wife Elizabeth, Q. W. Sweet and wife Cynthia, Ruliett Lowe aad wile Siimii, John Davnlson, Maigaret A. Kerley, William bndoii John P. Davi.Kin, Dan'l. R. Dsvidnon, liuhlah Davidson, Jane David ton and William Davidson, liens at law of Ret i L '!v:dson. To William'Davhleon, one of the defendants above named, a uon-reeidejit. You are .hereby notified, that a summon, in the above entitled case, has issued against yon, nd the complaint therein, wss filed in the Su rrior (Joint of Alexandei 'Jcuiily, on the 17lh of August 1S00. Von are also notified, that the s -timons in the case ia returnable to ihe nexl term of the Superior Court aforesaid, to be held at the Court Ifonse in Taylorsvtlle, n'n the 2oih.lay of Di-ecm. -er next, when and where yon ate hereby required !o appear and answVr the -omplaint in defunil wlicieot the pliintiff will ap4y to a d iJourt f.f tlu- relief demand id in the e--ii.pl.oiiL . WitneW. IL il. Sicviisi.- C" ' -of ihsaaM eiupei ior Court at at TavlorsviiU-, the 3d M. n lay ia August WW. K ti FTKVKNS IS, Clerk Supeiior 'Ujaii Ab-xandir County. 14 6 :(,'.r fee $ 1 0) O N W A R D :U PW A RdT" Having met with ncc-a. fr beyond oarexpee- tu lor piiic.es-. on ol IB ('II ARLOTTK OBSERVER, we tak thi mstuod nf ofiVrlrgoer psf era, Dail-T, TBI-WKEKI.Y, ASV WCKKLT, tie smong the adjfe'Urln mcUura in Western Minjj i;r.-.:ina. great relief. 1 continned to ne the Pills for two wesVs, and 'have not stflTered from liver disease since . I have rfecninmended them accordingly, and several persons sre in went qf tiem . All discus-is an enemv to tliv human system, anil la at war with it nd wilf conquer it. unless rtstnre. with sll the assistant" it esn receive from strengtli enins medicine and suitable nnurislimenU, esn ... ..ft i.. . ... iu.;.. I u.uo IHii 1-,-t a-iti. diseasedlivsrsndiasny night while in bed the pain ! Itut if that day should become, a in fact the I composed of one hundred and twenty Reprcscn would becoawao excruciating that I wascoinslled j Constitution reciilires, the first regular election, t tatives, nienmalty etioscn oy liailot. to get out ol bid and it npjuilil the pain woeM and jf the preent body should, as is proposed, subside. I procured s few hoxesof tit SOI fHKIt.N ... Mi, ,i.t d.ii i,. hm legislature in being al one and the same time. - , I t)n Ihe otler hand, if, in conepicnce of the j holding over .of the presefit hodjE, M election should in fact he held on the first 1 htirsslay in August, 1870, that wilt not be "the first ensuing regular election'' referred to in Ihe twenty-sev- .Summinir tin the anrument on each side and ! it character, as il would be stupendous, and di giving to them respectively their due weight we sasirous in its consciiucocos to all engagwl in it. nave ihe following results': The proposition which has beer adopted in On the 'idc of ihe oeople, there are the expli- u' Senate, to refer the qneetinsi of the term of cit constitutional provisions, viz : I office of the present Legwattire to the Supreme 1st. "The S n.ite rhnlf be composed of fifty 1 Umtt, if n absurdity in everv point of view, Scnntors biennially chosen bv ballot." " and is derogatory to the honor and dignity of Jnd. I he House of Kepreseiitntire -shall lie "e isxiy. iirsane oi mose nasiy reaoiuiHsns, universal white suflVage into Uie Constitution and they sought a partial indemnity by ordering an election for all state officers. Assembly-men, and CoiigresH-men on the same day, by thi) Registered voters; this was done because that Kegistrat ion excluded many of the most intel ligent men in the state. Rut by defrauding these voters at that time, they stripped their pres ent fraud of its poor disguise; since the election of April !3d was not held uuder the constitu tion, but under tin Act of Congress, inconsistent with that constitution. Thus "vaulting amhi tion o'erleaps itself," and the first fraud fore stalls the second. It follows therefore, Xhat whatever construction lie given to the 27th" sec tion last quoted, it will not avail to sanction the scheme of the Usurpers, since the election in April 18GS was not "held under tne constitu tion," We warn all parties concerned, that whoever conspires, aids or abet in thi high handed measure, will be guilty of the crime of treasona ble usurpation and will subject himnelf to con dign punishment for the same. To usurp legis lative powers by a liorly ol men wiirajt U TI M ....... ..,!. ..,.,.,, ui.,,-!, wnnirl h l.t in tkr I eiun "eciion oi me ecowi nmcie uisjii -men mediein br fore you get sick, lo pievent icrnH or ! the I'surpers rely-indeed, it will lie no election to take mediciue after von gel sick to cieiciie. ; at all and there will exist the same pretense fjr S word to the wise is ct .h r for holding over six years, that now exists Exercise your own indgniiu t in llie wans of de- i a, (k rwl ! r ,-..rs ibe ,-,me HifTien! Rtns; meeneay win come, ne ye sum r-oj 1 1. mtwM exist the same want of "a regular . mm a i w . n . , , Kan aouuieiu aavpeiuo ruu, That "Id, lung knnwu and tctll tried remedy for all llilion ditsate. caiwfdby a ' DISEASED LIVEll TO A I.I. KMIiiBAXTS. Yon sre about to inke a home bryooits'lf ami family n a climate widen you or thev liavf not lieen aycnstomeil to : you will, of course. I.- f ' I I" Oil the diseases peculiar f that climate yan sboiil4we c ireful ti use i.uch Med icine as are adapted to the1 diseases of that climstet ou will aa4 the greatest security iu the nse ol' HEms MsWTiintN iiErsric i ili.. 3rd. "The election for members of one kin dred and twenty Representatives, biennially cho sen bv ballot. ;lrd. "The election for member of tlie Gen eral Assembly shall lie held for the respective district and counties at the place where they arc now held, or mar be directed hereaftertobo held, in such manner a' may be prcseribed by ! law, on the, first Ttiurwliiy in August in the year j one thousand eight hundred ami seven:;.-, and everv two years thereafter." 4ih. The cla-r e of the Revised r'ede 'tttoted tor above, and made vaii.l iy the new Cnmvtitiition, , which should not merely be repealed; it should j office ha expired, is to overturn (lie riat' . I I f . L " .. T ,. 1 ...... J . I . I. . , , oe eip ingi.. irom tno reccru, .i ine Leguature piiiuoou ana goveriiiueni ; nun uif i. i, . -. -. . i . . . m ; .- i .i.. I -i. .. . maintnin its position as a co-ordinate branch of the liovernment. We venture to say, that no shell Weak surrender of jnrisdicion wa ever before made by the rpr&entatives of tho peo ple, since they lieoame masters of their own actions. There is not a shadow of Constitutional authority for the procedure. The jurisdiction of the Supreme Court is defined ana limited. It can ohly review upoa appeal, anv decisTbnoT the l oiiiln below, upon any matter of law or legal inference; fore this nefarious' scheme mav take warning, that a day of reckoning will come sooner of later. The people may submit to lie cheated of theirrighls for two years, (thoiigh even that is not probable) but they will at the end of thnt time regain tho control of the State in all ihi' "u partment ; aud then, woe to the criminal muirper! There will be no hiding place for them in North-Carolina, nor ir. the United Stales. Traitors lo the Stare are felons everywhere in the I'nion. and they but no issue of fact shall be tried be- I will lie "delivered np," on the demand of the iirl, ami the Court shall have power tiovernor, if to bo found anywhere, in any Stale, I election" to date from ihe present incumbents could still sat,-we wilt noUl over until llie nrst regular election," and refuse to provide for one. It would thus turn out that the mcil elected in April, 1oS, would be in a fair way to become life members, if not hereditary lords over the people. ! The I'surpers must take one or the other horn ! of :hf dilemma. Thev must either provide the mean for holding an eleetion . "on the first ThsVsvSsv in August one thousand eight hundr.sl Thev cnbiienttosnyiK!utiiithernItedSt4(iaT seventy a tne constitution imperatively by Kvpress. I requires them to no. or they must tn violation of PHICa roronelinx. ct-'f.-l.s HJ--Parorss. . OlCiv netba. .miit ln do so If they do so uni- tlO-Oi.' Or,Ms.IS lhr flro-s, -V ftre tir.;.'. . , Inln mM he utaetad mul Uie Thrsssh riiki nh" ee,.-,uii u- irr- forth Mii- v!'.'c anow t g'swiure win ne eioctssi, aim uie eii i itwUlSulC.O. U. Or erahold b (ill will expire. It they rtftise or neglect to "'--'- -Wi !asw, - ' pi.,yi .i. f,-:-a:i i-e.-n a of nvt.iU-r to the tn a..ii,toiirBti.J,jrsrSvirf.M ifonse on that dajr, then no election will ho lrrthy -mM -r.l'ytlilrd i. held, ami It will not lie "the first regular cldc- Vr th-M Mvtleisvr -ll op all ropaelablr Di glils ' tion," coiltemplate.1 by their ppelandedcoustriir f rywhert M.a UB ! tion of the cunMitntion. To hold the ctectton J. J. a J I.OVAS, Jlv 5il!r BalVhury. X.C Kotntjllalicct 1BSO. lich lixes a permanent d.iv for regular elec tions, including of course the first Tlmrvlay in August, lHli8. ' full. The ruling of the Supreme -Court above stated in Judge Pearson's letter. If ere, then, i the case for the people the ex plicit, emphatic, unmistakable declaration and requircnivnts of the Constitution and laws. On the side of the Usurpers, there ia this clause, vis: 'The terms of office for Senator.--and memoirs 1 1 issue anv remedial writs lucessarv t-1 give it I or rerruorv of the Kcpubiic. R geiier il sttj , rvison and control of the in- The overthrow of the Mat flovcrnment by ferior Court. Reside this right to review and i legislative or ex'-cnive ueurpaiion is parallel reverse the decisions of the inferior Courts, it, I with the overthrow of a monarcy by the de has only one other, vir: to hear' claim of tar-ythroncmcntand divnpitation of the Ling; and lits againlhc State. N;)yng more. The ! siut wo borrow our bvws from l i.triand, our i. pinions of the Judges, therefore, upon the con- would-bc-tynint will do well to stutlv that pe- , stitulioualily tif the proposed fraudulent usurpa I tion will not be worth the paper it I writtco I Uou., It will not fee the opinion of the Court; nor will it rise to the dignity of at. liji'er o.'Juta, w'i c.i is sn opininion of a Jti-hre unnceessarilj jobtnided into a case legitimately beiore him. . The oracular decisions, therefore, will rrrrclv bo AdterUtvtumU Scjiriuxl- -Trent iiotltrif, e PKEMIfSIS ! rpRitMtrMS I vTto.r I JftvalusbV AgHcnllursi PRRMICKS t ne'na jir'T-g tip Club ,'.-r tU WttXLV l-B-UiVKU. IJ.-.- i-.tsm awutf. wiT-iix h co LEPAGE BROS. & Co., x GENERAL (Commission Quants AMfi ,UC tf. IS39. COTTON FACTORS, Coramerco St., ZVcrfolk, Va. l"Spoial attention paid1' to the sal n GRAIN. ;,'rTONanil all other kind COUNTRY PRODUCE.1 7 Libenl advaaea on aoasiirania of the ll-.u s.- of K j :.. .nil iv. - shall c uumeiiee -r ifus t iroe of their eleetion : and the term of of- tieeof I'urti.ch-cl.il al the first election held uri- 1 the private 6pihh.li of Messrs. patrson. Read der this f onstitution shall terminate a' the same ' Rodman, and thy rest, given gratuitously yv.th-timea- if they had been elected at the first b- I out any of the sanctUirmof their cffcrial P1". suing regnlarclectiim.' j R i'! hind no One, legally oi1 morally; and At th worst, this clause i only ambignon : U whole eflect, would be lo make the Legisla saasl aoJKaiwl ewrmot, acrwrskW -to any mm I tnrjlipr l-tlra'llMa. weak, . uud igUtSJftl of cogniseil riileofconstriiciion. be alloweil to alj- ' t UiMimtional righls npd obligation in the rogale or interfere with the plain and minima- ' eyes of the people In spite of the adverse opinion kable clauses aWe rpioted. Htt wilK, duo al- j of the membvrsof the Court,tbe Legiklature may lowiince for the want of literary skilfv in the , decide to hoid over if it choose. And if the in coiiformitf with the eonstilntlnnal nsinin- I drafter of the Constitution, there is no dlftk-iil- ! opinion sliou,,, tavor tne pnyect, 11 wn not ex- 1 -II. 1- ' VH"w. nc .AWIitWir .i,-u to '.. - :is every i nexeu to ine crimes oi dsiim-iwmi mu irrw-i u. attribute I he Leg:e!a.urc rospt asibfc to the people, nat - . I t. rk I .. . . I i r.ri ituir t. fMiwii isiliie tn rpers, JSot U Imlil an election on that tne vagueness oi tne reicrence io me now regTi- - , " 'rj' dav will take from it the character of lK-ing "the lar eh-ction." to a covert and iniu-r design on ?ae iris aiure unuer me vonsn-.ui. . n e " - . . . O .15 . . . i . r . , a a.- ni,e. ni tra n. . . tv 1 sa ra ol Ian first MpahH eles-tion." For it must be Ivirne m he part ol Uie drawer oi me lavanisaem. nut w - - " - - Am, ,-t.:,T .1. i ;fn,- .ir-...-, . h.rU,ri in his breast any such Court if itsliall tum out that they permit them- mcVe "the first Thursday In Augut" aXiieral imworthy purix-?; and, in the ho or conli- , scives lo be entramsd into giving an opinion in ment, on tne first Thursday m August next will ty in revvwiciling tne araniguny won tr- supercede th. present body, or there will be two mental cianse which require eleefUu I.-egilatiirein being, acirding to Uie theory of two year. Neither Ui neoassary to the 1 su el- san day for all Htate OTicers, but onhr an eJc ieo for members of thi-tlencral Awciiihlv. . aihlitiou to th"se direct and iinnerative ! dvcssjs of the Const itoti.-n, which declare that the member of the two Iioases of tlic Ueneral ri.sl of Erglish history which follows t he restor ation of Charles 11. Whatever may have been the crimes of the first Charles, (wndf we believe the people- hal a right to dethrone lum.f the Rump I'arliainent, nmsisting of about forty nicrubvrs. after the expulsion of th majority at the point of the bayonet, had noright to behead him, Thirteen years ihereaftrr they were brought to trial, condemned and rx(i:ted fof the crime ; and die pb a that tlicy acted win. liie authority of the Pailiaincnt availed them nothing. The conrta held that the usurpation of i he RadiauieiUV was of iteelf trea son ; sni! siit.seipiently it wss held that the Par liament was dissolved by the death of the King, and that all it act thereafter were acts of nsr ration, without rrforer.ro to the reason of the ii. eon- . who voted for U.c decapitation of tlry King. Iu like Winner, in thie fHat, anv attempt of a Legislative hodv sn holdover, bevond tho floiv- stitutional limit of twoyear sjQuial rw te-trpxu-m and treason. N V c appeal to all men of all partiea to unite with us ui defeating i!;ia nenuriotw scheme. We ar, of all parties, sod w imvo no mere parly caarlatw X. C. ! nd pro apt retur a a. july3t.V- AssemMv absll be eieetisl Inennmnllv. or once in 1 lial cnimon of its fratuer everv two vears. there was a law "in existence ! til it wa-- ratified bv the people, and then it be- when the Constitution wis ratified, rot rcpcahsl rruae theirs, ami u u to be inurprcfed acionl- by it, and tleclareI to be valid, which made the !ng to lli ir un.lerattnding Qf iu purport, where i first Thursday in August, a reg?ilar elec- j ambiguity acc ua. I tion day. We faWte it as follow ; ; Wc have to u briefly raiid t.t theory os iletice of a iirst election to the Legislature, in- tne premises; stra eieciaiiy, a lavoraoie own- eri(I. tn view. We welcome evtry man in Use tended to perjietnate hi power by the merliun '" of an ambiguous phrase in the C. -ustitution, Tie : shield cannot take advantage of his own wrong. The ( V.iistitntion iiU'.'t 'he expreseion-pf the Individ- It .. jj nothing un- The object of tne movers ia doubtless io Ihemaeivc under the J--?:s of thi judi- curv. Jiut it will tie well lor all partie to re- memlier, or we should say, recollect that the PEopi-E RE bovkbeigiv, not the Surpreme Ci :rt and they will hold both Court asd Legislature respniwible for violations of the i ....1 if.it 'l'ln .ill 1.. .Ill Siajll- - - 1 than mJ ri'ies reponsible for the itnupatioo, if j Frirndaliip it -reply they should continie to c-xe.-tie legklalive &uao (self LnUwt-L State, without reforeore to hia nulUical aiiic-t - imm to hi origin . raoe, or color, to Join ua ra vindicating literigbu of ail the paOH, otxW the Constitution of the Stet. Raleigh, Nov. M, 1PA-8. tta jsLanerw tt(