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Tarfl
orougkj CBdgecoriltt CountyfJS: C.J Saturday, February tf, 1839
To. AT JVo. 6.
yic Tarborough Press,
BT GEORGE IIOWAKIJ,
blishcd weekly at Two Dollars an
Is p
, vpar if paid in advance or, Thrci
If"'1 1 r ;t'inn rvf liA snhsr-rintinn vp!ai
For an)
nprind
l .1 C..tnyiviUiirc iro of llliorfv t ri
n. ner
on srivinjx notice inereoi
(115
thnco TPCiirJinT nt. a fti-statwTW
ami y j i.i o.r in n.liranrft. or trivfi a rosnon-
Jile reference in this vicini y.-
itivertisements not exceeding n square will he
-ted at O.ie Dollar the. first insertion, and 25
nts for every continuance. l;orver a.ivertise
r io like proportion. Court Orders and Ju
Ed advertisements 35 per cent, higher. Ad
IViscments must be marked the ntimber of Mi
llions required, or they will be continued until
slLi-i ordered and charged accordingly.
Letters addressed to the Editor must be post
paid or they may not oe aucnueu 10.
II. Johnston,
KGS leave to inform his customers
and he public, llial he lias
lUcehcd hi Fall Supply of
Of all the most Fashionable Articles,
Suitable for Gentlemen's icfar.
SUCfl AS
SiperfmP Cloths, Cassimeres & Vesting;?,
3? aver cloth and Lion skin, lor overcoats,
Cimblet for cloaks.
Slopes, Cellars, Bosom?, and black sill
Cravat?,
Saspeudcrs, of superior quality.
Ie also has a ft to
Tine black hi aver Hals,
Of the latest fashion, flentlerr.cn wish
ins to purchase Goods in his line, will do
well to call and examine before they pur
rlnstvas he is detennined to sell low lor
Cask or on a short credit to punctua
cui"mers.
7'rb)ro Nov. 15ih, 1S3S.
MEKCUA NT TAILOR,
KSPECTFULLY informs his friends
and the public generally, that he has
received bis
Fall and Winter
Consisting of superfine blue and black
Cloths,
Invisible green and brown do.
Sniped and corded Cassimeres of various
colors,
Plain black and figured Vesting",
do black and figured Velvets,
Plain and figured Valencia,
do do Marseille,
Plain black and fancy Stocks, Umbrellas,
13oso :is, Collars, Gloves, Suspenders, &c.
All of which he will sell low fur Cash,
or on a short credit lo punctual customers.
He trusts by dm; attention to business,
and hU lon r -xperience therein, to give
(!ne satisfaction to those who may favor
r.ir- with their orders.
He al-o keep constantly on hand
assortment of
11 rill it -ninilf fllnthiti'tr
7Vx,rn NTnv 5'h. 1S3S.
-
dt the cheap Cash Store.
JAMES WEDDELL,
S now on hand a large and general
assortment of
G'Ocerits, Hardrvurr, cullcry
CV, Glass and Earthenware Col
ton Unggim Hop?, Twine, &c &c
hich he offers cheap for Cash, country
produce, or on a short credit to punctual
.'IPI Willi) 117. J.
State of North Carolina,
Martin court of equity.
Hto Griffin 1
vs. - Petition for Divorce and
Jas Griffin, S Alimony.
James Gripfin: Sir, you are here
by notified personally to be and ap
Par before ihe Judge of our said Court at
Court House in Williamson, on the
w Monday in February next, then and
.lpre to answer the several allegation? o!
; Petition of the said Sophia. And it
iruerod, that you be restrained and en
J1,rcd Irom transferrin, assigning, or in
yy way withdrawing from the hands ol
ftobason, admV of John Robason
ecd,oy estate or effects lo which you
ay be entitled by virtue of your marri
e wuh the satj Sophia, unless you enter
jjwbond and security io the sum of one
0usanJ dollars to answer and abide vuch
I er ?nd decree as may be had in the
-cssta cause.
n.
"Itness. f! Ti.- rii. i
lcr of our said Court, at office, the 1st
ovemhpr Icqo
p . a B. IL1SSELL, C. M. E.
htate oj North Carolina,
EDGECOMC' COUNTY.
Superior (Jtjiirl of Equity,
SKPTKMBEK TKKM, I83S.
Martha and Zilly ScarborouO
vs.
Origin
tepnen Wooten & Rich ird T. C id bill.
Eagles, exYs Ac. et al, J
j r oppearing to tl,o satisfaction of iUv
Couil, that John R. Seat -borough, one
ol the defendants in ibis case, is not a
resident of this S'atcr h is fhprfefnfe br
ilered, that lubliration be made Lr sis
weeks successively in the Tarbnrough
Press notifying said defendant ttial unless
he appear at the nest term of this Curt,
o be held on the sYeond Monday in
.March next, at the Cotitl House in Tai bo
rough, and answer, pit adj or demur, judg
ment jiro conlesso will be entered against
him.
vvnness, Isaac Nvrpeert, Clerk of
said Court, at olliee, the second Monday
n September, S33.
I NO ft FLEET, M.E.
Dec. 5th, ISSS. 1 Price adv 05 00.
State of North Carolina
KDCl EC03IBE COUNTY.
Court of Peas and. Quarter Sessions,
NOVEMBER TERM, 1638.
State )
Bastardy.
James E. Lewis, )
T apjKMring to the satisfaction of the
Cour iltat James E Eewis, the tie
feudant in this suit, is not a resident ol
this State: It i therefore ordered, thai
publication he made for six weeks succes
ively in the Tarboroogh Pres, notilyir,"
said defendant that unless he appear at the
next term ol this Court, to be held on the
fourth Monday io February next, at the
Court House in Tarborough, ai.d answer,
plad, or demur, judgment pro confeo
will be entered against him.
Vines, .Iosfph Bell, Clerk of saie
Court, at office, the fourth Monday in
Noven, ber, 1S3S.
JOS BELL, C. C.
Price ndv S5 00. 1 6
Stale of North Carolina,
EDGECOMBE COUNTY.
Court of Pleas and Quarter Sessions,
NOVEMBER TERM, 1838.
State ")
Edwin EI1K John Hitter Bas!aro
and John Carter, Sr. J
ITT appearing to ihe satisfaction of the
Court, that Kdwin Ellis and John
Rittek, defendants in this suit, are
not residents of this State : It is therefore
ordered, that publication be made for six
weeks successively in the Tarborough
Pies', notify ing said defendants that un
Jess they appear at the next term of thi
Court, to be held on the fourth Mooda)
in February next, at the Court House m
Tarborough, and answer, plead, or demur,
judgment pro ronlesso will be entered
against them.
Wiiuess, Joseph Bfll, Clerk of aid
Court, at office, the foutth Monday in No
vember, 183S.
JOS. BELL, C. C.
Price adv $5 00. 1 6
Stute of North i arolhta,
EDGECOMBE COUNTY.
Court of Pleas and Quarter Sessions,
NOVEMBER TtillM, 1838.
James Norvell, Enos Taylor,")
Samuel Taylor, Njney O
dom, Elizabeth Norvill,
David Noivill, Ikzekiah
Langly and wife Cherry
vs.
Petition
for sale
Stephen Wooten & Ephraim ff slaves
7 . if l'nne I ftnf
UUlt.il, uijiii i
Norvill, dee'd, .lamps Tay
lor, Enos Norvill, Eli John
ston and wile Charity, Ex
urn Revel and wife Patcy,
James E. Lewis rnd wile
Penny, and Dorcas wife of
Josiait Kail,
and dis
trtbulion
fT npp-aring tn the satisfaction of the
Court, that Stephen Wooten and
Ephraim Wooten administrators of Enos
Norvill, dee'd., James Taylor, Enos Nor
vill, Eli Johnston and tvife Chaiit,
Exum Revel and wife Patcy, James E.
Lewis and wife Penny, and Dorcas vviie
of Josiah Kil) defendants in this suit,
are not residents of this State : It is there
fore ordered, that publication be made for
six weeks successively in the Tarborough
Press, notifying said defendants that un
less they appear at the next term of this
Court, to be held on the lourth Monday
in February- next, at the Court House in
Tarborough, and answer, plead, or demur,
judgment pro confesso will be entered
against them.
Witness, Joseph Bell, Cleik of said
Court, at office, the fourth Monday iu
November, 1838.
JOS. BELL, C. C.
Price adv iS7 50. 16
S3 We copy from the Globe the fol
lowing remarks,- made to the U. S. Senate
on Mr. Browrfs introducing the
RESOLUTIONS
Of the Legislature of North Cafolind.
Mr. STRANGE said f It U with great re
lucffc'iec, Mr. President, that 1 occupy
the public time and attention of the Senate
Upon matters which seem properly to rest
between our confluents and iny colleague
and myself. Two considerations, Iiowv
er prompt me to oceupv a portion of both.
Ti,n j ,i j it". S f
nu uou irs, me estaonshed jiraence, buinr
as I am able) to judge, prevailing in. this
body, on like occasions; and the other, its
being, in my judgment, the most conveni
ent and respectful mode of throwing im
mediately before our constituents our pur
poses, with a shoi t statement of the rea
sons which govern us. 1 find myself in
one of the most responsible position.-: I
have ever occupied, and my anxious wish
has been so to aet as to ensure, at ieast, the
unwavering approbation of my own con
science. From my political adversaries I
have learned to know, by" sad experi
ence, that I have no favor to hope for, and
not even justice to expect. Act .is I nuiy,
my conduct will be misrepresented and
my motives impeached. Even from my
political friends, I have reason to appre
hend division in j heir iinl-iment o! rnv
coursrj while 1 know they will do justice
to my motive.
The resolutions just read come from a
source entitled to my highest respect and
most deferential consideration. They are
from the Legislature of a State to which I
am deeply indebted, ways without number.
Though but an adopted son of that State,
she has heaped upon me kindnesses far,
very tar beyond my deserts, and I have
enjoved golden opinions far beyond my
mtiiis hum all sorts of people-. "Though
not a native of the State, there has my
heart found the objects of its tendcrest af
fections, and thither docs it turn instinc
tively when that magic word "home" stirs
within it those holy associations which no
oiher word has power to awaken. Com
ing, then, horn such a source, how gladly
would I have found myself able to follow
in any direction to which thev minhtnoint!
how checifuiiy have reposed upon such a!
counsellor, and thrown oil' the rtsponsihiii-
ty ot acting upon my own fallible judg -
ment. Had these resululioos been couch-!
ed in terms ol command, n alternative
would have been left mc but obedience or
resignation. Coming as they doj merely in
uie language oi counselor advice, 1 should)
umieMtatingty follow that counsel could I
do so consistently with my sense of duty
and my oun stlf-respect. But the two
first of these resolutions counsel me to that
which not all ihe terrors of an auto da fe
could induce me lo perform. Gracious
Heaven! to place upon the everlasting re
curdtf cf my country, my own declaration,
that I had viulateu her Constitution, upon
the infamous motive of party servility!
No! sooner would 1 bite oil my tongue, and
spit it hack in the faces of those who had
counselled such iui'amy, however high and
dignified the stations they might fill". No!
conscious as 1 am of having been actuated
in what I did, by motives the highest, the
purest, the most patriotic, I am proud lo
have my name associated with the act, and
am content that posterity may judge ol
me by it alone. Mistaken 1 may have
been, but never was corruption further
from my heart. If those were corrupt
who did the deed, what were the Legisla
tures of the noble States who commanded
it io he done? I myself, in the part 1 act
ed, but conformed to the express instruc
tions of tiic Legislature of North Carolina.
A Legislature elected when that question
was distinctly before the people; and not
withstanding those instructions were giv
en, a Legislature, a majority of which was
favorable io those instructions, was again
elected. I could not, therefore, with pro
per respect to the Legislature and people
of North Carolina, by whose command the
act was done, ctnsure it in the manner pro
posed, if there was nothing else to restrain
mc.
Far be it from me, in thus remarking
upon the resolutions, to impeach the mo
tives or impugn the conduct of those who
passed them. My own opinion is, that
family quarrels should never be carried be
yond the paternal domain, and, if 1 have
any thing to complain of in the temper, lan-1
guage, or substance of these resolutions, dn
a dillerent theatre will that complaint be!
made. Here, at least, it is my wish and
my purpose, always to speak respectfully
ol those whom the people of North Caroli
na shall see fit to elevate to high places. j
The terms of the resolution having pla
ced conformity to them entirely out of the
question, it remains to be considered what
is my alternative course. Were 1 at liber-
ty to consult the suggestions of impassioned
personal pride, I should certainly resign.
It is always easier to retreat from difficulty
or danger than to encounter it, and abide
the issue. When a man gets into a politi
cal difficulty, the shades of private life have
many aiiractive charms, and upott them he
' i)l l ?ast a wishful eye. For my part,
I acknowledge that I feel myself in a poli
tical difficulty, from which 1 would willing
ly retreat, if I might do so with propriety.
But the question is one of dutv eimplv, arid
not of choice. If it is not my duty "to re
sign, it is my duty to remain here. One
or the other is clearly obligatory upon me;
and which,- is the question? As I said hur
fore had these resolutions been couched in
the language of command obedience or re
signation would have been mv dutVi I ac
cepted the trust I now hold, under the full
Knowledge that those who sent me here ex
pected mo to obey instructions when re
ceived, or resign. Such is trie creed of
the political party that elected me, and I
should disappoint their expectations if I re
fused to act upon that principle; but, on the
other hand, 1 should be guilty of treachery
to them if, upon any other ground than a
high sense of duty, I surrendered the
trust to which they have assigned me.
If the Legislative elections in North Car
olina were shortly to occur, my position
would be clear of all difficulty. I would
at once, at the ciose of this session, return
hick io the people the trust I hold, to be
conferred by them according to their pleas
ure. But in the long interval to ensue be
fore another election in that State, very ca
lamitous results might, in my apprehen-
-ion, atteau an immediate
resignation.
livery man knows that a most important
political struggle is now going on in the
iaud, piegiiuni, as all admit, with the most
imertsting consequences. Each party is
full of hope, and expects victory in the is
sue. A leather may turn the scale. The
diminution of force on one side, or a slight
accession on the other, may decide the con
trocrsy. And shall I cast in a feather in
to the scale of my adversaries? It is my
duty to stand here, and do my utmost in
advancement of those principles which 1
hold sacred. It is my duty, if for no oth
er reason but to keep those out who would
certainly be sent in my place. I know
there are many men of both parties in
North Carolina, who arc better qualified
than myself to fill this station. But of the
many able sons of North Carolina who dif
fer with me in political opinions, and for
I whom 1 have the highest personal respect,
I should reiuclantlv see anv one hcreatthn
i present moment. Those who sent me here,
j therefore, have a right to expect that I will
maintain my post, unless driven from it by
j some paramount principle, and that I do
j not abandon it in a cowardly manner on the
occurrence ot the first difficulty. There is
but one in eat and oaramount nrincinle
which can be supposed to demand my re
stgnation; and thai is the doctrine of in
struction. Upon that doctrine my col
league lias fully and ably enlarged. Am 1,
then, by any creed upon that subject, pla
ced in a situation to render my resignation
a duty? Of the political party of which a
majority of those who voted for these reso
lutions constitute a part, it is a principle
that there is no right in the Legislature to in
struct, and, consequently, no' obligation
on the part of the Senator either to obey or
resign. No complaint, therefore, can be
made by them of any course which we may
think proper to adopt. Of the political
party to which I have been attached, the
creed is to be found in Mr. Leigh's cele
brated report in the Virginia Legislature,
and in the uniform practice of all those
Legislatuies who have attempted any effi
cient action in Federal affairs. In the doc
ument before mentioned it is said, "Sena
tors are instructed, and Representatives
requested;" and it goes on to give the
reason for this difference of language, that
over the one a right lo command is claim
ed, and towards the other the mere tender
of advice. In the one case, they may as
sume to declare the popular will in the lan
guage proper to the expession of will com
maud; and when so expressed, it must
stand for that will, whether really so or not.
In the other, their command dees not stand
lor the popular will, and Ihe responsibility
still rests upon the Representative to find
out what it is. This difference of language
has been uniformly used, so far as I am able
to learn, in all resolutions adopted by Leg
islatures of the different States, whenever
they have attempted any direct action in
Federal affairs. They have assumed that
the Legislature is recognised as embody
ing the popular will of the State, so far as
Senators are concerned, whenever they
think proper to use language appropriate
to the utterance ol will, iiut whenever
they adopt only such language as they may
wilh propriety use to a Kepiesentative, in
addressing their Senators, it is not intend
ed to be more operative upon the one than
the other. In the one case, they them
selves assume the responsibility, and stand
between the Senator and the people of the
Stale. In the other, they do not under
take to utter the public will; but while they
suggest, -leave tnu public servant to judge
of mat will upon ins own responsibility.
uch nas Doen tne obvious itnurstand-
X?5 Z e Prececl'ng Legislatures of
North Carolina, who have undertaken to
address their agents in thU hn,u- Fmm
their earliest action down to 1S34, when
the resolutions jvere passed commanding
the act now denounced as unconstitutional,
and dictated by party servility, they used
this peculiar phraseology. Languagecon
sists merely of the signs, which by com
mon consent, have been received as repre
senting particular ideas. Technical lan
guage frequently differs from common lan
guage. By common consent, the word
instructions has received a technical sig
nification, when used in an address bv the
Legislature of a State td its Senators in
Congress. These facts were all known to
the Legislature of North Carolina, which
passed the resolutions under considera
tion. Was, then, the omission of the word
uniformly used by the Legislatures hereto
lore, when they designed direct action up
on their Senators, an accidental or whimsi
cal omission merely; and was it intended
or behoved that those used would be co
efficient? I have not the slightest idea that
it was. In the first place, the known be
lief of many who voted for these resolu
tions, that the Legislature las no right to
instruct Senators, and consequently that
there is no obligation on Senators to obev.
torbids the idea. They could not have in
tended what they believed they had no
right to do. Such a supposition would, I
am persuaded, do them great injustice.
Ihe just conclusion is, that they mi ant to
do ju.t what they have done the expres
sion oi their belief that public opinion is
what they set forth in these resolutions to
be their own amnions: htdinvina-. runct-
justly, that while they had no right to com-
.uatiu, men opinions would be most res
pectfully considered Ly their Senators.
Tne omission of the word instructions was
designed. And why? Because it was
weli known that a peculiar force and signi
fication was attached lo it, and an operation
given to it which they did not approve,,
and therefore did not wish to sanction by
its use. That the omission was designed,
is further proven by the fact, which is a
matter of history, that in both houses a pro
posed amendment bv its insertion was re
jected. But to place the matter bevond all
doubt, my colleague and myself addressed
a joint letter to the Legislature not in-
quiring what effect they intended their re
solutions to have not implying a doubt
which we did uot entertain but openly
declaring what he firmly believed, that wc
should not hold them as instructions; at
the same declaring our purpose to obey or
resign, should we be instructed. This let
ter was written in the most perfect sinceri
ty and good faith. I care not who may
think proper to question it. I can appeal
to God and my own conscience for my
truth. But it is also known to friends
here, to whom 1 declared my determination
to resign if my construction of the resolu
tions was pronounced erroneous. It was
not So pronounced. We received no an
swer to our communication. The Vindica
tion of my sincerity in addressing that let
ter, lheiefore, presents a strong considera
tion against resignation; If I resign now,
it may be justly said that when I wrote my
Idler to the Legislature I considered these
resolutions as instructions, in the face of
my declaration to the contrary, and am
now borne down by the weight of my con
viction. 1 still think, as I thought then,
that they are not instructions either in fact
or according to the intention of most of
those who voted for them; and so believ
ing, the alternative of obedience or resig
nation is not presented to me. Is there,
then, any obligation upon me to resign?
Does any human being perceive any? Who
cafa point it out? Perfect obedience is out
of the question. It follows, then, in'mv
judgment, thai for the present it is my du
ty to remain here, and, while 1 do not treat
the resolutions as instructions, I will show
them all due respect and give to them such
influence over my conduct as my judgment
may approve. 1 have said thai had the
Legislature met during the ensuing year, I
would resign at Ihe close of this session;
but it is still my purpose to afford the sove
reign people of North Carolina the earliest
opportunity of deciding the important ques
tion, by what class of politicians they
choose to be represented in this body.
The Legislature, at its first biennial ses
sion, shall have an opportunity of selecting
for the seat I fill a Democrat or a FederaU
ist; one who thinks it right to wipe offtho
foul and unjust stigma cast upon the fame
of Andrew Jackson, or one who is for per
petuating it through all generations. This,
ihey will have an opportunity of doing, un
der a fair expression of popular sentiment,
and to the ncoole of North Carolina will I
cheenully submit the issue.
Mr, CLAY of Kentucky contended that
these resolutions were neither indeeorus or
disrespectful. Mr. Strange said he made
no allusion to disrespectful language.
Mr. C. said he understood at least one of
:he Senators to say that one of the resolu
tions was disrespectful to the Senate. Mr.
Brown said he spoke of one pf the resolu
tions; but, emanating, as they did, from tq
i