Newspapers / The Tarborough Southerner (Tarboro, … / Feb. 2, 1839, edition 1 / Page 1
Part of The Tarborough Southerner (Tarboro, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
-v: it,. v 9 ---rma,, j,,, , SjSSi M hole Xo. 073. Tarborough, ( Kdgecomhe County, W C.) buliirday, February 2, 1839 Vol. XFWo. 5. The Tttrborostzh Press, bv okoiu: nowAitn, Mi'lil weekly at J'tco Dollar and tijty , r.'ir if paid in advance or, Three IS JH1 nil it the expiration ol the su inscription year. m-riod less than a year, Ttrnih.jlvt ' ' . Vn.ondi. Subscribers are. ot liberty to M"' v I , ".,-,,. n'i Tiviiuf ttntir.p llfrorf 4 4) nr v:it. bi'fher. Ad- marked die number of in- ...... uoMiPir.s iuu--' " s required, or they will be continued until 1 I t'ii.-r-i ?-,f!rrfSpd to the Rditor must be post 'lf tluy may rotbe attended to. IL Johnston, H(S leave 'o inform his customers i;,tl ilu- public, that he has Jicecired hi Fall Supply of Qfl! tiir !'' Fasxoria'de Ariicles, Smt-jble for Gentlemen's wear. SUCH AS c ...... f, e Cloths C'av'irneres & VTeMinp;s i vt i clulb aiul ?kiu, lor overcoats, ; ,.!! t for clonks, !;., Ctllai?, ioom5, and black Supeader. r-f !-upen').r quality. a ho h'is a few Tine black huiver Hats, Ortheii'e 'ninn. (Gentlemen wish ins " ;)Uieh;ise VtumU in iiis line, will ui vfeH to c-'ll am! examine befnte ihey pur -hiv. he is dt-U'i iniu'-l to sell low lor Cash. r " short crciiit to punctual 'Arb.n.', Nov 15th, 1S3S. MERCHANT TAILOR, si EC .FULLY informs hi friends & iwl ihe public generally, that he has received ' is Fall and Winter Consisting of superfine blue and black Cl-ib Invisible green and brown do. Smp-d and corded Cas-im res of various colors, Plain black and figured Votings, O'J PIlUl do .t-. i 1 1 r l.- mu figured v e vets and fig ired Valencia?, do .Marseilles, Pi ii:, bhck-at.d fancy Stocks, Umbrella Ii.iso.s, Cn.'hrs Glows Suspenders, &e At! cf which he will eJI l"w lor Cash, cron ,i short nvdit to punctual customers. Up iru-ts by dup attention (o business, and iiis long experience therein, to give i'.'e MMisUciion to those who may iu'or in'u uitii liieif oi r'crs. lie iho will keep constantly on hanJ n assoi tment of Heady made Clo'liing, r.-rlmrn', Nov 5'h, IS3S. ti the cheap Cash Store. 3 JAM. S WEDDELL, 1 J is-vv cu i'ai-d u .:irire and general ' a-n; t n:e!M v (f nnriia, Harder are, cullery. (;,.v.9 ,n)'f Earthenware, Cot lint R,,.rir;,-,,r ?, , rl,-;tto x,n be il .! e -. I')r (?ash, country ice, or (): .j short credit t punctual nr. i r:uai. Nov. 2 ? th, IS3S &lUe of Wvih Carolina, MARTIN COURT OF EQUITY, phia Orilnn vs. . Petition for Divorce and Jsmr Griffin. ) Alimony. jjfjpl' I ames Griffin: S:r, y rni are here by notified personally to be and ap pPar befor,. the Judge of our said Court at Co'irt House in Williamson, on the 'J1 Monday in February next, then and ,rp to answer the several allegations of he petition of the said SoriiiA. And it ordered, that you be restrained and en 1,1,U'J from transferring, assigning, or in a'?' vvnhdrawing from thr; hands ol , , Ii,,)oti, adm'r of John Robason Jjec cl'any estate or effects to which you ".e titled by virtue of your marri- f I'1'1 Sa'(- nI)ma nn'(ss yu enter 1 n'' security in the sum of one "U5and dollars to answer and a!)ide such .',Pr and d ccree as may he had in the "'esaid cau-e. W ,tncss C. R. HissvT.T.. Clerk and vfler f ourid Court, at office, the 1st TT'lni a distance 3lePen " 'hMi & KiC,rd T. f bill. an'! pay1' ' . jn arivance. or give a respon- Laghs, tx rs &c. et al, ' in'! ! iitV ln '-. 1 .i: . ..;..:;,. HP :inimrii.ir i. il... ., : , f . . : - r . i. "Tuvriiaients not evading a square will be Court, that .J0)ri R. S.arbormn'h, one at t yWAMbe brst insertion a,,d-, of ,h(, dek.ldsinU jn J . "'" t1... :n iv,nrt Or.lrra mid Jn- 1 C,,jt " 1 ' Sialyl It IS Uieici-IO OI ..l 'I. ll.P li'lH"1'! - ! p . c n. FMSSELL, C. V. E. I nee adv Sio oo. 45 3m Slate of Worth Cundina, EDGECOJIKE COUNTY. Superior Court of Equity, SEPTEMBER TERM, IS3S. Martha aiul Zully Scarborough VS. flri-r;,, ... dured, that pubhcalivin be made far sis W(-clis Miccfv,iVe!y in the TarljorCtMjjh lJres-, notilyinr said defendant that unless he appear at I he next tern, of this C.nirf, 'o Ue nell on Ine second Monday "' j .M;ilCll next, at the Court Muiw i n T:1 , ti, rough, and answer, plead, or demur, judo :neut pro couleiso will be entered aan.it him. Witness, Isaac Norfi.ep.t, Clerk of said Court, at ollice, ihe f-eeond Monday in September tS3S. NOli FLEET, C M E Dec. 5th, 188. 1 Price ail v .5 On State of North i'lil'oliiia, K DO K COM BE POTTNTV. Court of Picas and Quarter Sessions, NOV EM HER TERM, 1S3S. State ) v. s n bastardy. Jamf s E. Lewi?, T appearing to Ihe Satisfaction of the C-ourt, thai James E Lewis, the d.- fend an l in this suit, is not a resident o this Slate: It is therefore ordered , that publication le made for six week suce.es sively in the Tar borough Press, notifying said deiendant that unless he appear at the iext term of this Court, to he he.M on tin fourth Monday in February next, at the j CouM H .uein Tarborough, and answer, plead, or demur, judgment pro confes-io i I vvili be entered against him. v I'ness .iosumi iell, uiprn oi sam Curf, at office, the fourth Monday in November, 1S38. JOS PELL. C. C. Price fldv $5 00. 1 6 Slate of Worth Carolina EDGECOMBE COUNTY. Court of Pleas and Quarter Sessions NOVEMBER TERM, 1S3S. State " EiUvinKllis'lolmUiHorj-"""-" and John t arter, Sr. J T appearing to the satisfaction ot the Court, that Edwin Ellis and John Rittek, defendants in thi- suit, are not residents of ihi State : It is therefore ordered, that publication be made lor mx weeks successively in the Tanorough 7ress, noiify ing said defendants that un less they appear at the nxt lerm of tin ( uit, to be held on the fourth Mouda tn februaty next, at the Court Iloue in rarhorougb. and answer, plead, or demur, judgment pro rou!e5o will he entered against them. ' Wimcss. .losirn Bell, Clerk of caul Court, at ofiic", the fourth iNl'Cnday in No vemb:jr, 1835 JOS PELL, C C. Price adv 00: S Slide of Worth Varolu ut EDO-EC--31 KB COUNTY Court of Pleas and Quarter Sessions, NOVEMRKR ThiRM, isas. Jam'-s iNorveil, r.mvs j ayior, Samuel Taylor, Nncy O dom, EliZbKth Norvill, David Noivill, Hezekiah La ugly and wife Cherry Vs. Pel i Hoy i far sale S:ep!.er. Woolen & Ephraim r-f slaves Wnnlpn. ai m is 4d rms ana a is Norvill, dee'd, Jamts Ta) lor, Euos Not vi 1 1, 1 -ii John ston and wile Charily, Ex u in Revel ami wife Patcv, James E. L?wis and wife Penny, and Dorcas wile of tnbution Josiah Kail, T appearing to the satisfaction of lh rnnri iht SiPnhen VVnoten and Ejkhraim Wooten, administrator? ol Eno Norvill, dee'd., James Taylor, Enos Nor vill, Eli Johnston and wife Chaiily, Exum R; vel and wife Patcy, James E. Lewis and wife Penny, and Dorcas wile of Josia i Kail, defendants in this suit, are not residents of this Slate : Il is hee lore ordered, that publication be made foi six weeks successively in ihe Tarborough Press, notifi'g said defendants that on less they appear at the next teim of this Court, to lie held on the lourlh Monday in February next, at the Court Hone to Tarborough, and answer, plead, or demur, judgment pro confesso will be entered against them. Witness, Joseph Bell, Cletk of said Court, at office, the foJrth Monday it. November, 183S. nTT JOS. PELL, C. C. Price adv $1 50, 16 JQWe copy from the Globe the fol lowing remarks, made to the U. S. Senate by Mr. Brown, on introducing the RESOLUTIONS Of the Legislature of North Carolina. Mr. DROWN said he rose to present to the Senate certain resolutions which had heen adopted by the General Assembly of the State of North Carolina at their late session, expressive of their views and opin ions in reird to some of the important measures and questions of public policy, which have been, and nov are, pending bc- tore the country. However uncourteous some of the language was in reference to a late act of this oody, which it had perform ed in the exercise of its high constitutional powers, and profoundly as he regretted that expressions derogating from the res jKCt due to this body were embraced in rhL resrdutions, yet he could not hesitate, in oDedienec fo a proper sense of respect to the Legislature ot ins taie, to oiler them, in compliance vnh the request contained in one of the resolutions. It was alike due to himself, to his con stiluents, and to the importance of the occa sion itself, to siate very explicitly the view he took of the resolutions, and the course which high considerations, of public dui required that he should pursue in regard to them. He felt the deep responsibility under which he acted) and had given to the subject that anxious deliberation which its public importance and the great ques tions o! public interest involved in it de manded. In regard to most of the resolutions it would readily he perceived that the opin- ions expressed in them directly conflict with the course which he had heretofore pur.-ued on the measures of public oolicv to which thev refer; and that a nrinemle is asserted in one of them, in regard to a question ot constitutional power, entirely at variance with his vote on the resolution ordering the expunclion of the condemnato- o i - - - - - ry resolution passed against President Jack-! son, for removing the public deposites from the late IJank of ihe United Stales. In re-: but wnen instructions were not given, on lation to extravagant expenditure and Exe-;the lace of the resolutions, that it was com cutiveputronage, referred to by two others; pettnt to look beyond them to arrive at the ol the resolutions, his votes would most a-: intentions of those passing them. He ad- bundantly prove that his whole course had been, since honored with a scat in that bo-1 branches ol the Legislature, when the re dy, to diminish both as far as it was practi- i solutions were before them, proposing to cable for him to do so. j insert the word "instruct," and which Having very briefly adverted to the pol itical character of the resolutions, the next inquiry which presented itself for consider-ices. This act, in his opinion, was deci ation i, whether Ihey ore to be viewed by jsivc of the question, and proved that those my honorable colleague and myself as in-j who passed them did not intend to commit struct ions, or as the mere expressions of the opinions of the Legislature, leaving to us a discretionary power in exercising our judgments on the subjects to which they relate. 'That they are not to be considered as instructions, the proofs, to his mind, were clear and irresistible. They do not, on their face, profess to instruct, but, on the contrary, that word, or any other of mandatory import, is omitted with the most guarded caution; omitted no doubt not by accident, but by design. What could have been the intention for omitting it? The motive clearly was, not to com mit the party passing these resolutions to the doctrine of insi ructions. Whenever, said Mr. B. the General Assembly' of North Carolina has thought proper, on for mer occasions, to resort to the great Re- ! publican principle of instruction, it has spo ken out in bold, irank, and unequivocal language. It has, by directly instructing the Senators representing the State taken the responsibility on itself of the vote which it commanded them to give. A positive command, by instructions, from the Legislature of a State to its Senators to give a particular vote, places the vote under the control ot the Legislature, and is, in effect, the vote of the power com manding it; thereby taking from the Sen ator all discretion, and, consequently, re lieving him from all responsibility to the people of the State. The Legislature, therefore, does not take on itself the res ponsibility of the Senator's vote unless it instructs him. On the contrary, if it de clines taking the responsibility of his vote, and, therefore, has no right to expect him to express their opinions when they refuse to take on themselves the consequences of his vole to the people of the State. The Legislature of North Carolina has long since established the principle that they had the right to instruct, and so essential has the employment of that word been con sidered to the efficacy of resolutions of in struction, that the Republicans of that State have invariably employed it on all great occasions when they intended to command the votes of their Senators. Mr. B- said in referring to the journals of the Senate, he perceived that the late vpnprahle Mr. Macon, then a member of this body, had presented resolutions, pass ed by the Legislature of North Carolina at their session of 1S1G, instructing their Sc- nators toendeavor to procure certain amend ments to the Constitution in relation to the mode of electing President and Vrice Pre sident of the United State. The Legis lature which adopted them icsolved, in one of the resolutions, "that our Senators in the Congress of the United States be in structed, and our Representatives be re quested, to endeavor to obtain the said amendment to the Constitution of the Uni ted States." lea states. At the succeeding session of mo legislature ol iNorth Carolina the same ol instruction, in the resolution passed bv resolutions were again adopted, and again them, and thus afford clear and unquestion asserted, in the same language, the right able proof that they do not intend to com- ot instruction. i nat the Genera Assem bly then considered mandatory language as essential to instructions is most ftnkingly obvious, from the marked distinction be tween the terms employed by them in the resolutions to the Senators and the Repre s ntatives in Congi.-s. The former are expressly "instructed," the latter are j merely "requested," to perform their will, j it is, thereinto, perlecUy clear, from the usu oi me lauer term to the Uepresenta tives in Congress, over whose votes the Legislature never professed to have any control, that a mere expression of opinion, unaccompanied by instructions, never was j viewed by them as obligatory on those to whom they were addressed. This great right had been repeatedly since asserted, and exercised in the same language of com mand, to their Senators, by successive Le gislatures of North Carolina, from tin p liod just referred to down to its session of 1834, when they re-asserted and exercised, in positive and unequivocal language, the right of instruction, on the question of ex punging from the journals of the Senate of the United Slates the resolutions con demnatory of President Jackson. The iong continued practice, theieforc, of the Legislature of that Stale, in regard to in structions, shows very conclusively, that whenever they have intended to take all discretion from their Senators in regard to any particular vote, that they have express ly, and in plain language, insnucted Mr. H. said, he held, when resolutions directly iustiucting had passed a legisla - lative bodv. that ii was not romnptenr to j ' 1 - go bevond the instructions themselves to ascertain the meaning of the Legislature . verted to an amendment offered in both j was rejected by the unanimous vote of the friends of the resolutions, in both inslau - thcmsclves, by tiicir acts, to the doctrine of instruction. The icsolutions did not merely omit to instruct, but they contained, on their luce, expressions which constituted a direct at - tack on that great fundamental principle off The Legislature, at its-session of 1S34, the Republican creed. They declare that j in obedience to that public will, command act of the Senate of the United Slates, ex-'cd their Senators, by express instructions, ponging from its journals the condemna-1 to vote for it. The people elected two tory resolution against President Jackson, j successive Legislatures, which ratified and to hae been "an act of party servility, j re-affirmed, in effect, that decision, as the calculated to degrade the Senate." I resolutions remained unrevoked by them. Mr. B. said, so far as his own vote had had any agency in carrying into effect that just sentence, vindicatory of the Constilu - tion and the liberties of the people, both of S decision so well considered, and so dclib which had been wantonly assailed in the ; erately made, had been reversed by thorn, unauthorized and unjust sentence against j No President had ever been more strongly the Chief Magistrate of the nation, lhat he 'sustained than was President Jackson, at had acted under resolutions passed by the ; three successive elections, by the people of Legislature of his State commanding it to j that State, w hose well-earned fame the re he done. He believed a majority of the ! solutions which the Legislature had passed State Legislatures of the Union had also 'aimed so strong a blow at. He could not, passed similar instructions to their Sena-! therefore, admit lhat his constituents had tors. If, therefore, the doctrine of instruc- abandoned their long cherished political at tion he correct, what power is there that'tachments, and were prepared to aid in sac can rightfully arraign the motives of those rilicing the public character of the honest who have only acted in obedience to it, and ! soldier and patriot statesman. Tie could carried out the will of those under whose not consent, therefore, to record, by his commands they have performed the act re quired to be done? To impeach, therefore, the motives of those, thus acting under in structions, is a direct attack on the princi ple of instruction, and, in effect a denial of the right to instruct. But in order to have all doubt removed as to the intention of those who passed them, his honorable colleague and himself had addressed a respectful communication to the Legislature of their State, asking to be informed if the resolutions were to be taken as instructions. We had publicly declared that we would obey or resign, if instructed. .We considered, that to have done either under resolutions not containing instructions, was not required by our pledge, and would have been a manifest dereliction of public duly under all the cir cumitances. We desired, then, proper ground to stand on. If we resigned, we wished to do so under the great principle of instruction, and not under resolutions in which it was not recognized. The Legisla ture thus candidly and respectfully appeal ed to, have refused, in terms not very cour teous, to give any turther inlormation as to the question of iostruciio j. . When the issue was thus fairly present ed, we had arigl.tto expect, on every prin ciple of candor, an emphatic expression of opinion one way or the other, in regard to the intentions of the Legislature on the question of instruction. If they had as serted their intention to instruct, I was pre pared, as is known to many of my friends, instantly to have surrendered to them the public trust which I hold. Thcv, how- ever, again decline to assert the principle mil themselves to the doctrine. Which uf the parties had acted in good faith those addressing the communication, and soliciting an expression of opinion on a plain question, to which an answer was easy, and which ihey deemed important to the public liberty, as well as to the reirulatioii of their own conduct or those who had declined to answer il? He would appeal to the honest and intelligent iudement of his eonsti'iients to decide. W hen, therefore, he took into view the circumstances which formed a part of the history of the resolutions, the . guarded caution with which the party passin avoided committing themselves on t g them the rec ord to the right of instruction, and the open and avowed hosiiiity of some of those vo ting f.r the resolutions to the doctiineof instruction, the direct attack on that ureat principle itself, on the face of the rcsolu iutions, uiui the rcfu.-alof the Legislature, on a candid appeal made to them, to assert therigui the most irresistible proof is af lorded, by positive acts, that they (the Le gislature) did not intend to recognise the. light of instruction; and if not, on what principle of honor, or by what right, either moral or political, can it be expected that they will be considered and acted on by others as instructions? The resolutions profess to speak the vvili of the people. If they were instructions, he admitted thai they would be obligatory in the fullest sense of the term; but they were not, and did not profess to be, and ' therefore the question as respects public ! ooiuiom as weli :i everv other in relation k ' m j to them, isouen to the freest inquiry. He j did not, himself, believe tnat they express- ed public opinion, as to many of the im portant topics on which they undertake to declare ii. He believed the people of the State had heard with utter sui prise, that the subje-t of the expunging resolutions had been introduced, h was a topic that had not been brought before them at the elections, and tlu.ieture could nothave been anticipated. Again, he did not believe ; they expressed public opinion, as no ques tion had ever been brought more dnectly and immediately before the people of xWth Carolina than was that, at the elections in 1S34, involving the course of President Jackson in regard to the Bank ol the Uni ted Status, and the justice of expunging the sentence pronounced against him from the ! journals of the Senate- It would, therefore, be in derogation of the well known political consistency ol the pf30- ! pie of North Carolina, to suppose lhat a vote, a sentence so derogatory to the peo ple, and to the Legislature of 1S34, to whose favor he was indebted for his re-election. To resign, wouldj in his opinion, be a tacitadmiseion, on his part, that the peo ple had changed their opinion on this ques tion, and an acquiescence in the charge of inconsistency against them, which it in volved, which he should consider it a de parture from his duty to do, unless acting under instructions that left him no other al ternative. He had declared, in his speech on the Constitutional Treasury, and other occa sions, that if instructed by his Legislature, he would obey or resign. He had used the word in that sense which conveys a meaning universally acted on and under stood by the Republican party of this coun try, and had likewise asserted it in his speeches, to be a duty in the absence of instructiops, to pursue the dictates of his own judgment. In the absence of in structions, therefore, his decision as to the present resolutions, which did not recog nise, in any part of them, that right, waa entirely consistent with his often repeated declarations on that subject.-
The Tarborough Southerner (Tarboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 2, 1839, edition 1
1
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75