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TAUBOROUGII: SATURDAY, MARCH 23, 1844. FOR GOVERNOR, Col. llichncl Hoke, of Lincoln. T.ri1fttnre without having passed a bill for that purpose, or for one or two other moj.nrp nf much importance to the credit of the State, has gone down to 64 and the Clipper mvs with 'downwaiu icuur... Now this is bordering Very close on re nudiation, but is so modestly told by the Intelligencer, who uses such strong and harsh terms to Democrats who are guilty of similar conduct, that you would scarcely recognize it. Repudiation, which would deserve in a Democrat all live curses of is as gently rebuked in a Whig as if it was a virtue might almost pas for a duty, from the evasive terms in which it is an nounced. A clamorous Whig paper in a neighbor ing town, complained of us for not herald iug forth in great haste, the Maryland elec tion. We might with more justice call on him lo announce to the shame of his party thefact, th t the Whig Congressmen from Maryland all voted in favor of Abolition tration and confer a solid benefit to the pei.'ions-anu u.a, . . I the State credtt at home, nv COUntry. L : .: - II... .k.. f.,,- ivmII Texas was once included in the bounds- me,r ieF"""V- - riesof the United States, and as rightfully u 3-u, ; , , Whijis, whose censure iiKe ineir praise Annexation of Texas. From the National Intelligencer we learn, that negotiations have been some. time progressing for the annexation of lex is to the United States, and that Pinkney Henderson, formerly of No. Ca., is daily Expected as Texian Minister to complete' the negotiation and we were greatly grati fied'to learn from, the Intelligencer, that there is a prospect of its speedy success. We would hail this a a most propi ions event, likely to give eclat tb the adminis belonged to us as the present States of Loui siana and Arkansas and was actually ce ded away by John Quincy Adams's treaty which ought never to have been tolerated, and if the present state of things could have been foreseen, never would. springs from prejudice and not principle. Lane's Case. In our paper of last week, we mentioned So the ,ne ref,ls,l of Judge Pearson to pronounce :n t., inro iiii'n..t sentence upon Henry Lane, notwithstand present annexation will only restore thing r ' . . i-i i iuir the certificate fro'm the Supreme Lourt, In lh r nrnnpp anil nnirin.il nOSlllOO. a 1(1 1 10 v 1 vi tim in nmcotcinn n I runts iVP IVHffi lin-l n I 1.. ,u,;Mo.t nf judgment against htm. ' J lit U .. o cinnn n.itnrioil f- tie iKlt IllllVC n- ' I I ... - I II 1113 01 ill. V 1 v. v 1 1 1 u'l tv n .t . 11.. 1 n 11 1 v o ' lexasisa ricn cuuuu iuhiS cuum.y r .. , . r i- 4 1 the public were furnished with a more lull nnipsin(r advantages 01 Climate ami r f w o soil, which his already drawn from us a large population which would continue to increase under a government, such as ours inspiring the confidence of its citi zens, and would soon be settled up by a thick and enterprising population, corn explanation of the matter, the present as pect of the case as well as the motives of the Judge, might be misapprehended; to obviate such a result, we have deemed it proper, to publish the opinion of the .fudge riled in the case, which has been politely I I 1 . I I il. C I I- wntlm .hit reject of the Union and of ,:l,,ini 1,8 J lMC "cr' - . ti - E.t,.o As a want of spice preventsUs from pub fnrmttm nitinnt. Her ereoeTanhical situa- tion, h.r productions, character of popula- ''"S ,he who,c ,l becomes ncce" fron and national interest., are so intimate- l introduction of ,he opinion ol 1., v,l,lo,l ..,,1 ,nnnPMP,l with onrown. as His Ilonor' 10 Ml,e ,hl ,he P"Sner was nA ,ua ninn nf ih two eo.mtries a brought to the bar of the Court, whereupon .n.f ;,ol in.orpst to Loth narties. lhe Attorney (.Cneral moved lor judgment T. m i senarate eovernment. would aail,sl h,m aml produced a certificate ol only be an insignificant republic, subject to lhe Clerkof lhe Supreme Court, with the .nr.nf foreign nowers. be t. oublesome Courl to Proceed to J'rffi'nent; the Coun neighbors. Those interests which nature seI for the Prisoner obJecteJ 10 lhe moMon' proclaim as similar and identical, which on the Rround, that the appeal taken by would strive and strengthen from our uni- him from lhe jK"ent of the Superior . i.i . . i ua v. Court, at the Fall Term, to the Supreme taffoni..iC-iealousies and rivalries would C,,url' nolwnhslamhng the sa.d certificate. ... i uo1;i was still pending in said Court undettrmin Rnnnor nn. and restrictive and hostile mea- ' ft T,i.,i a.rr ..- i ..Jed: for that, the Hon. William (ias'on, sures ensue and LtUgiand, ever reaoy to ' 1- .Ur naimn onH nrnfil hu ,,e OI l JUdgeS 01 SHU UOUH, HSU (lied their weakness, would foment thee dilli- hefore the argument in his case was closed. 'and before the Court had i - - i - i ti cullies for her own advance. Texas was anu ueiore ine ouri nau "eciueii, ann oe settled bv Americans, rescued from the fore lhe opinion was delivered; and that oppression and misrule of Mexican tyran ny by Anglo-Saxon blood, and now seems only a dismembered fragment of our coun try, and our own interest and glory demand its re union. But it is a matter of peculiar interest anil great moment lo the South. The at tacks so fiercely made by Northern Abolitionists iheir increasing strength and constantly growing territory, by the creation of new Northern States, require some portion of increase likewise in the South, lo counterbalance this power, and preserve the Union. Our Government is founded on a system of checks and com promises, which alone can sustain it; and the undue increase of sectional interest in one quarter, produces oppression in the others. That is now our unfortunate si u ation and corresponding additions to Sou thern interests, can alone produce the pro per balance of power to secure our safety, and perpetuate the prosperity, harmony, and union of the States. With these views, we hail the annexation of Texas as a propitious event to the South and the whole country. We are in fact one and the same people. They are "bone of our bone and flesh of our flesh," identi lied in the same interests and pursuits like members of one family and the separa tion is an unnatural one. The cultivation of peace and the promotion of the great cause of civilization and Christianity, in vite in the strongest terms the annexation of the countries. Maryland IVhiggery. We take the following editorial para graph from the National Intelligencer: 'We learn with gre-t pain, but with lit tle surprise, that the slock of the State of Maryland, which stood about two wteks ago at 82 per cent, in the market, receded. (as the prospect diminUhed ol the p issane of an act for completing the canal,) to 77 per cent and since the adjournment of the two surviving Judges before whom his eas was argued and by whom it was deci ded, did not in law constitute a Com t with: power to hear and determine causes and therefore, that the certificate produced by! the Attorney General, which set forth the decision or opinion of the two surviving Judges, and not the decision or opinion of the Supreme Courl, did not warrant the Supeiioi Court to proceed to judgment. Phe objection taken by the prisoner's counsel was baed on an affidavit filed by the prisoner stating the above facts. His Honor refused the motion of the At torney (ieneral and delivered the follow ing Opinions- State ) vs Indictment for murder. Lane, ) The opinion I have formed, that the two surviving Judges do not Constitute a Supreme Court, with power to heir and determine questions is founded upon this rain of reasoning; which I deem it proper to file as a part of the case, that it may ap pear I have not dinered in opinion Without due consideration lor a hasiy opinion un der the circum-tance would indicate a want of self-respect, as well as a want of respect, for those two gentlemen. Hy the 6th sec. of "the act concerning the Supeme Co-trt," "the Court has pow er to hear and determine all questions" &c. The inquiry is, what constitutes the Court? The 1st sec. provides for the appoint ment of three Judges to be styled Judges of the Supreme Court. The 2nd sec. provides that said Judges shall hold a Court at R.deijh, twice in eve rv year, that they shall continue to sit at each Term until &c. 8nd that said Couit shall be si vied the ''Supreme Court' I hrouuhout the Act a distinction is made bet een the Judges of the Court and the Court. Hy the7th, 10 b, and I6th see's. theJud cesofthe Supreme Court have power to appoint a clerk to prescribe rules of prac tice for the Superior Courts and to ap point a reporter. J By the 6th and 14th sections, the Court has power to hear and determine all que lions to make amendments and orders. The Court, means the three Judges, sit ting together consulting and advising, one with the others, upon questions before thm for iudicial decision. The decision of the Court, means the joint opinion of the three Judges so sitting together, ortne joini opinion ui iwu, by the opinion and reasoning of the third, who has sit with them. Should the three fudges, severally, wilhout consulting and advrsing, form the same opinion, it would be the opinion of the thtee Judges; but it would not be the opinion of the Courl should the three sit, consult and advise together and Hon come to a conclusion, after duly consider ine theoninion ami reasoning of the thin! who differs, it would be the opinion of the Court, although it is not the opinion of the three Jadges. The ditiuctiOn between the three Judg es and the Court, is not a distinction With out a difference. Any one accustomed to the investigation of legal question knows, that in some cases, although three men when apart may come to one conclusion, yet the same three, had they been together when the question was raised, would have come to a different conclusion; and that in many cases, although two men when toge ther come to a conclusion with which thev are satisfied, yet if a third man had been prevent, who entertained a different upm ion, the weight of his opinion and reason ing woirld induce one if not both of the other two to give up their opinion and adopt his. It must be conceded, that the joint opin ion of three sitting together is more opt to he correct, than the several opinions of j the same three and the joint opinion ol two sitting with a third who differs and thereby causes the question to he viewed in all its aspects, is more apt to be correct, than the joint opinion of the same two without the interposition of the third it is an even chance that such inteiposition will induce one of lhe others to change his opin ion and then the result would be differ ent. When the Legislature gave power lo three men to settle the law. it mut be pre sumed to have been the intention, that ihey should act in the way mot apt to result in a correct conclusion: the joint opinion of three is most apt to be coi rect;--it is there fore required n exception is admitted here one dissents; ex necessitate the opinion of two must be taken otherwise, here would be no decision, until the Con stitution of the Court is changed. I his necessity does not exit when the bird is dead, or absent as soon as the Court is full, a joint opinion maybe obtained no change is required in the constitution of the Court, but simply the presence of all of it's members to allow the opinion of two in such Cases lo settle the hw, is a depar ture from the mode most apt to result in a correct conclusion, without necessity and without the aid to be expected from the presence of the third and Cannot be cbnsist- nt with the true construction of the act, in the absence of an express provision lo that, Sect. ! The argument stands thus the mode most apt lo reMill in a correct conclusion is required: the joint opinion of the three is that mode: Ironi necessity, an exception is made when one dissents Is it logical lo xtend the exception to cases, when the necessity does not exist and When there is nor the lest of correctness produced by the presence ot lhe third? It belongs to the law-making power to lecide upon the expediency, for the sake of convenience, ol introducing a third set of egal authorities, varying irt degree one el is lhe joint opinion of three the sec ond the joint opinion of two with a dis sent the third, the mere oomion of tWb By the 4th sec. it is provided, that in the absence of one from sick lies", Sic. the Oth er two may hold the Court, hear and de lefrrine questions, &c. This provision is unneces.-aryj or it fuily sustains the view taken above it would he strange if the L- gislature should in 1834 and again in l30, make an eXpreks provision which was uncalled for this provision must now be taken as a part of lhe act, under whic the Court deiives its power and mu?t have art influence Upon thd construction. When making provision for a case of sickness. why did not lhe Legislature provide for a case of death? If in the onlnion of thai body two df the Judges could not act as a Court, when one was absent from sickness and a provision was necessary lhe Same reasoning would make it as clear, If not more so, that two could hot act when one was dead. It is Said that two Judgei had acted in 1830, upon the death of Judge Tay lor and so the Legislature concluded a provision was unnecessary tor the same reason, they might have concluded, lhe provision made was unnecessary: for if two could adt when one was dead, of course two could act, when one was ck. The inference to be drawn from this section is, thai the Le gislature being aware of the necessity of an express provision. to enable two Judges to act as a Court, thought it expedient to pro vide for a Case of absence from sickness, or other ineviiuble cause, which not crea ling a vacancy, might leave the busines undetermined for an indefinite time; but did not think it expedient, so to provide in a case of death, or removal from office. which created a vacancy, hatit was presu med would be promptly filled: for it wa considered an uncalled foe departure from lie principle requiring the la tt be settled in the mode most apt to result in t correct conclusion. , Mr If analogy be resorted to in aid ol me construction, it is found that in all commis ions of Oyer and Terminer, Courts of Ad miraltv, &c, this clause is inserted, omnes inleresse von possitis Itinc vos tres"&LC, from which the inference is ihat, but for this proviso, all must act l he Courts of King's Bench and Common Pleas, are by usage, held by some of the Judges in the absence of others, which usage justifies the inference, that a Hauje equivalent to the omnes'1 was contained in lhe original commission or act ol Par liament under which they derive authority vaCancy is promptly attended to. Our County CoUrisare to be held by the Justi ces of the County there is an express clause authorizing three to act equivalent to the "si omnes," but for this, it is prtsu med all would be required to act and if all were sick or dead but two, they would not be authorized to act as a Court. "Arbitrators form a Court of the parties own choosing" if a submission be made to three, i he award of a majority to be bin ding, should lhe three separately give ian opinion, although they agree, it is no ward should the two meet in the ab sence of the other and agree, it is rvn award if one die the submission is at an end Muth stress is laid en the fact, that Judg es Henderson and Hall, after, the resigns tion of Judge Too met and before Judge Kuffin took his seat, acted as a Court? it is understood the matter passed without dis cusMon they did not hear and determine a single case and lhe matter did not after wards present itself for decision to lhe thiCe Judges holding the Court. The que tion bung, have two authority to act as the Coun, it is taking the question for granted petit io principii") lo urge thai iVo did nit. as n authority or prrcedeni to settle the question the most that can be yielded lo it is, lhat two learned men were of the opinion, that two of the Judges could pass orders, &c. after the third Was dead anil do what they did as a Court this it must be recollected was before the act of 1834 and tha act of 1836, in which the provision is retained. The fact, ihat the two surviving Judges after the death of Judge Gaston came lo the concluMun that they could act as a Court and did proceed to hear ami determine questions and did so, in this particular case, cauhot be admitted as an authority binding in law without taking for granted the question about which, there is the dif ference of opinion lhe most ihat can be yielded lo it, is, thatiwo learned men for whom the highest respect is entertained acted Upon that opinion. Should the Supreme Court, When consti tuted of the three Judges of said Court, sitting together as a Court, in the case which is now presented, decide that tWoof On the sima day, we understand Governor nominated for Judge ofth preme Court the Hon. George E Ha, of this City, whifh nomination was unm i mo it sly rejected by the Council. Hul0) Tuesday, (yesterday) the nomination 0f the Hon Frederick Nash, of Hillsboroijt, to the Supreme Court Bench, was coufi ed; whereupon the Council adjourn without day. If Judge Nash should ac em the appointment, we presume the Council will be again called together for the pUr, pose of filling his vacancy on the Superi0r Court Hench. Secretary of Saft. The Washing correspondent of the New York Even'n,, Post, under date of the 13th instant, guv it is ascertained that Mr. Calhoun has ac! espied the appointment tendered him a, Secretary of Stale. Intelligence to th effect was received ibis morning." ye hope it may turn out to be true. The whole country seems to desire that Mr C&Ihoun should accept. id. Executive Appointments Chancelor Walworth, of New York has been app0in. te I by lhe President, by and with the ad. vice and consent of the Senate, Associate Justice of the Supreme Court o! the United Stales; and John Y. Mason, of Virginia has been appointed Secretary of the Navv vice Mr. Uilmef, deceased. ib. fOft TltE TA RttORO ?RESS. Solution of the Geognpbical Enigma in last number Rome; lda$ Coosa; Harris' ar; Rhodes; Dee; Shiras; Oder; Mocha Erie; Rhp; Siam; RICHARD SOMERS. J. H. B-l are authorised to announce louis c. Pender, as a candidate at the ensuing election for the office of Sher iff of this country. fJJVVe are authorised to announce JESSE MERCER, as a candidate at lhe en.uing election for the office of Sheriff of this county. to COMMUNICATED. ftt. Rev. Bishop Ives is by appointment preach on tht 20th and 2 1st April, (second Sunday after Eattr,) in Calvary church, Tarboro. Rev. Mr. Cheshire will preach on Good Fridy, the day preceding the above. Elder James Oshdurn is expected to preach in Tarboro On the 6th and tlh bf iApril, and at the Falls Tar River on the I3lh and 14th. fX Rev. Thos. L. Curler will preach on the IstSabbuh in March at Weldon; 2nd Sabbth and Saturday before at Jack- the Judges, upon the death of one, have! so"'t Northampton county; 3rd Sabbaih,at power to act as a Court and to hear and de ' eVf Chapel, Hertie county; 4th Sahbaih ermine cases such decision will be the lawant Sa,l,niay before, at Tatboro'; 5th Sab- and be yielded loas an authority. Richmond M. Pearson, J.S C. E. ha'h and Saturday before, at HardawayV Mr. Clay. The following notice from a New Or leans paper, shows how Mr. Clay is appre ciated in his electioneering tour, through the country. He is now about to try the experiment in No. Ca., and we shall see whether we are to be blindfolded and led in servile pomp over our own rights, to support the pageantry of Henry Clay. Mr. Clay made a few remarks to a Con gregation of his party, a few Jay or one day, before he left New Orleans, In which he sair", I will tell you that from all quar tersfrom the farthest corners of M dne, to the eXtremest points or Louisianathe signs of the times are propitious, and not a speck obscures lhe horizon"!!! ' The Kayetteville Carolinian remarks He is ho prophet! For the words had hardly died upon the ears of the auditors, (he said it on the 23d and on the 26th the election took place) when a woful defeat of his party was announced. May such death S rokes attend all his deceitful harangues l he whigs of North Carolina may shake in their shoes after that. Congress. n the Senate, on the 14th insi. Mr. Haywood gaVe notice that he would, at an early day, introduce bills to retrench the expenses and to check the procnptive spirit in our government. In the House of Representatives, on the 13th, Mr. Dromgoole, from the Commit ted of Ways and Means, acting under the authority of-a resolution of the House, re ported a bill providing for4 the collection, safekeeping, transfer and disbursement of the public revenues, which wasaccompani ed by a report. The bill was read twice, referred to lhe Committee of the Whole and ordered lo be printed. ' From the Raleigh Standard. Council of Slate Persuant to the call of the Governor, this body assembled it, this City on Monday last, the 18th instant. A quorum was pieseni, consisting of Mes srs. Cameron, Fills, Holmes, and Wait. At their session on Monday. -we learn that they confirmed the nomination of Messrs Caldwallader Jones, Sen and Fredenck Hdl, as members of the Board Improvement. TOK THE TAltBORd' ?RKS3. Monni Moriah, March it, t844. Depar e l this life on the evening of lhe 15 insti Mary Jane, daughter of Dr James J. and Harriet Philips aed four y fears. It is with feelings of the deepest sympa thy and regret, that I communicate thro' your columns to the public, the death of one who was so much beloVed by all who knew her. She grew sweet lb loveliness, and death like a frost on a spring morniti)!;, Came and nipped the flowfer irt the bud. Mie was beautiful, her beauty consisted not Only in the symmetry of her form and Tea- tur. sj but of her mind and disposition. nere I may unite with ihfe pofet, where he says-- Ah, if so much or beauty pours itself in- t the veins of life, How beautiful must the fountain be; The bright, the eternal. From her infancy tip to the time that she died, she was undoubtedly the most inter esting and -ff ciiortaie child that we have ever s 'en. Her presence has causr d many a pure joy to blosom in her father's heme, and tier departure ihence h s caused many hearts to sub with the most bitter sorrow; such sorrow I am sure they have never felt netore. tier fortitude during her suffering was more like that of an adult than that oi a child, it seemed lhat an anjtel was nov in about her couch of suit' ring, ready 1 speak peace to her soul. She has left a kind and indulgent father and an affection ate mother and two aunts, besides nume rous Inends and acquaintances to lanieni her loss. Tiio' gone to those realms of happ'mes3 and peace, Pronvsed hy our Maker divine, A resting place in my memory, Thou shalt never cease to find. J- The thorough bred 8? well known Uor$ MARION, ! WILL STAND- thee suing S' son at Rtdn'f,B Hurut's, Rocky Mount, C. Furihr appear in lhe hand bills, which will be is sued in a few dav. UOBRRT J. HYSLOP- Feh'y. 1814. () 3 Loiiiilublts' iilunksj'or suUx AT THIS OFTICS,
The Tarborough Southerner (Tarboro, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 23, 1844, edition 1
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