Newspapers / The Daily Confederate (Raleigh, … / Jan. 10, 1865, edition 1 / Page 2
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mmS D. K. McKAE, A. M. GORM4M K D I T 0 IIS . All letters on business tlta Offic, to bedirectei to A. If. GCBJfAN & CO. TUESDAY, JAMAHY 10, 1S63. When the t i-i.si.i:ti( n of the Confederate S'.a'es tested in Corcss the power " To de clare war ; to r.d.-e and supp irt armies ; to pro ride acd maintain a navy ; to make rules for the government and regulation of tLc land and naval forces ; to provide for tV.e calling forth t.f the miiiiii ; auJ fr organ:z"ng, arm ing and dioip ir.bg the militia, and for govorn irg such part of them as my b .employed in the service of tho Confederate States ; and to make al'laws wmen may o t:evKary ana j proper for carrying i: to ex cation all the t- re going powers, a:.d a'l other powers vested by t'.U Cat.situti :i i:i Government cf the Confederate S:atej, or in" any department or officer thereof:'1 And v.hn it farther gave power to Congress to suspend tiie privilege of the writ of hubit corous " iu cases of rcbelli-jr. or invaon when the public safety may requV? it , auu lurther give authority to the President, whm it had made comma? dtr-in-cLicf vf the army snl navy of tbc CualVilcrafo State?, and of the militia of the .several State" v. hen called i:-t tiiencttnl i-'-rvioe of ih-3 Cn fe hr.it'; States, by and wii'u tho ad v too and consent of the Senate, to make treaties and f r'n?!e- the States to enter ir ; ai.y treaty, aH'ance or corifederatiou, to rut -r into anj agreement or -corn j act with at.cli.er Slaty or with a forrii;a power;' it clothed the cci.tr.d g si rt-.nunt with a panoply uf power dr,rnud to be tufii cient for all cffei.sive or defm.iive measures which rr.iht tec iu; ncccssuy to maintain the honor, assert il.o rights a yd defend the interests and Hberiie of -the nation and pe.pl The-e powers, ? explicit and so compre hensive, were self-ixfosed, by t'..o represen tatives of the States thomlves, in the most solemn form, by organic enactment ; beiug an art ofs-jlf-abL'-nranuruby the Sfaics of renaia sovereign qualities and their delation to a chosen representative. By virtue f these powers, it is chnr that Congress may, after having declared war, m ph y all the resources of the nation to carry it oa. It may con scribe tho cities a:d en rol them in the Confederate service, wheth er as regular t reaps cr as militia, as to it may appear lit. Th- only cxcr-p.'hm being, perhaps, that it is net contemplated that such constitutional ( Hi .vrs t f any State shall be taken, by whose conscription the, State govern ment would be hindered in its administration. It is further clear that no State has any ritiht or exempt from servic, except for the abso lute necessity of carrying on its own govern- . "wen i, any person t r per ns who may be -liable to conscription by the Confederate C-r grets. And in order to guard ogr.ii.st the possibility of this authority bci:;g wakcnci r obstructed, the privilege of t-h? hnb-a cor j i.i may bo suspended, when by ubeKi-n it invasb n the public safety r t;:i:rcs it. If t'wiigress then were to pj.?s a law of i e. ascrip tion, securing to the rsitiarv s i he all the able bodied strength of the natioy, and wee 10 preSttiue thr. ugh what Departments, th.9 rules and rr-;-;uLith;is for the jMvern.nent of tho army acd uavy should becnrorcti, and should call forth the militia and organize, arm and discipline and employ it in the service of the Cv afederate States, and shruld sxpt.d th privilege f the halfi '-opus v.rit during the ii : ti, it wu!J u:,nui?ti.:.d.ly exercisj v y its con-'titifiona! powers; it w. uld per- f. -rui tiie functioTia prescri'1 td for it in the ori g. inio law, and wud b. in ti e line of Ipgiti-inat- ri;htfal authority. Tncre t-ou11 and Ci.uld be r.o opprespioa, tyranny or even .in justice in its conduct, -11 .if whi;h ha? !iee:i thoroughly settled by judicial d2cii-u. Jo asx rt that there would be, is simply to accuse the State of having formally and Jelib uttly ceated a despotism t ver their own heads, and over their citizens, by their rati fication f the National C( r.stitutioii. S;:.s.e Cut grc?s po!es?es the power thus to u?e the cn'.en, and by auclher chuse uf the Cciutitu tion t take his property ion jm-t compnsa tin) for the public use, broadly, and aajplv and completely as the CVnstituiien alir.v5 whether it will exercise it, i not to be discuss ed as a quest i.m of right, but 'as one of expe diency. Xo citizen who is law-abiding, ami lias n-gtrd for h's country ar.tl the allegiance which he be.rs towards it, occid tor a ibu raent himse.f resist or hinder the exercise ot these powers, cr advocate 5UCi. ic:..tance in ethers, and if he be a public oh. he must forswear himself if he d so. lnaswuch as these powers have been a lopt eu in the Central Government in s- fLrmal nnd sclemn a iltspe. having been ingrafted into the organic law, and Subsequently ratified by the sovcreigu S.-ates, it ia manifest that they we' deemed to be necessary powers ; for the exercise of which, occa.-lon mijht arise. Icdted, surrendering as they d so much of the natural ir4ividual rights of the citizen, it must be takeu for 'ranted tliat they wwuld never have been bestowed, except they were essential t the formation of t stable aad capable jovemment. These pow ers constitute &e highest attributes of sover eignty, being inherent in other governments as the paramount authority, and made so in cuts by organic investment. It having been established that these powers are grauted, aiad in contemplation of their exercise, and in contemplation of a necessity where their exercise might become impera tive, the next question is, under what circum stances is thtii exercise mcst justifiable ? What dcubt there may be iu any moral tnirt-l as to the propriety of making ar. offensive war, there can never be a quest'.QQ in merala or ethics of the right of iel f defence. If tber would ever be a time "when all the od trcignty should display itself in the plenitude of power, it would he in the event it should he assailed and invaded by a foreign power, and threatened in its existence. If this be a general rule, worthy of adoption, how aptly and fully does cur situation fall within its examples? We are invaded by a powerful fee; and for tEe express purpose of destroy ing our Government, and coercing us into another form of Government, with a different association. The invading armies are occu pying our territory, besieging cur cities, lay ing waste our -territory, consuming oar prop erty, bltckadisg our poits and imprisoning and murdering our people, and conscripiing others to fill the ranks of their armies, still further to devastate and subjugate us At the same time that our national, social and individual safety are all thus imperiled from foreign invasion, division, dissension, prompt ed by ill-timed and injudicious interference with Government authority, ure enervating our strength ar d making us a more easy .prey to our enemies. If this be not an emer euey to call fr.rth the energies of the Gov ernment if this situation do aut demand the assumption of the sovereign authority thea it is impossible to coaceive that aey em ferven cy or any situation can ever iuveke it. We prepose next to show the advantages to arise to the people from strong raeasurcs. Yc publish to-day the. able Opinion of ths Suprtnie Gurt, delivered by Judge Battlk, in Br id$ man' s case. It ill be seen that it overrules the case ofK. sel, before decilei by Judge Prarson at Chambers. "This cae then settles the law in this State, it will be seen, as to the liability of all State officers to 'I". military service, save those narnea m tn j Stnte Constitution, which is left n open ques tion. We shall folluw this Cise with the opinion in the case of Mat the ut Johnson which settles the law as to Mail-Contractors and Stage drivers. Uoth cf these are 'eading ease, and these and other cases founded upon them, and of which we have published an abstract, settle pretty generally and deSnitely the law, in this State, as Jo military cxi empts. - The News. IIELTU MICCO, OR JOHN JUMPER. Tl e 2lacon Telegraph says it ha recently been put in po. session of some interesting fact.s with regard to this Indian the Principal Chief of theSeminclo nation. lie is, at pre sent, a Colonel in the Provisional Army f tha Confederate States, and commands, a regiment of Indians, composed principally ct Semi nles. Considerably over six ieetiu height, as straight as an r.rrow, and as ,racefHl ;nd light-footed as the deer which feed upon the prairies of his western home, he looks every inch the soldier and the chief. He is, withal, tie as a woman, as brave as the bravest, able in council, influential with hi people, a pure patriot, and thoroughly devoted to the causo cf the South, llts name sh uld be came a household Wirdwitii the" citizens "ef the Confederate States. The Telegraph gives i.n rx'arct from his "talk" to Colontl S. S. Scott, Commissioner of Incim affaiis at Fort Washington, 9th Octo ber la.-t: We give an extract. It will Jjs fcund scarcely les elr quent in its simplicity and true feeling than the celebialed speech of Logan : '"Permit me to express to you the gratifica tion we feel because of your vhit. We thank you for the very friendly and satisfactory ad dress this morning. We are strengthened and r enco'-iragcd. We will remember yfur word. wheu jou are far away. We will profit by liicm. " In the fill of 1862, I first met tou at L rt Arbuckly. You asked me if 'nad any re qu.t te make ot the x? resident of the Con federate Stat8. I told you 1 had none. Wc were then by our firesides, living in compara tive quiet. But war came to our countrv and drove us from peasant honies. V. e are now wanderers and strangers; yet the Cob federate States have not eles-erted us. We have been provided for; our wemen and children are (ed; cur solcicrs get all they should expect. "The Government is engaged iu a great war. She. cannot do any more i r us than she is doing. Perhaps, when the war is over, we t-huii be perfectly satisfied with her bounty. All claims will be adjusted. Iu .view of these things, I again say to you, I have no request to make of the President. He will, without ask in;, do all f.r us that we should expect. I wish you, kowever, to assure the President that the Seminoles are yet true and loyal. Their treaty stir. illations are sacred; tbedest' ny cf your goviim nt shall be. ours-; if st e ails we will 30 with her; if "fehe triumphs, fc rejoicing will be more sincere thau ours , raoii vicxsburc. A lady who arrived in Jaeksan the lCth, direct froaa Yicksburg, informs thr Mix'is-' xippian that fur several "days previous the Authorities were anticipating an attack ;iptn the place from the Confederates, and that every male inhabitant between the age- of IS and 45 has been enrolled and organized into the militia, and they ar mustered and drilled daily. There is scarcely any business done in Yicktbarg gods are hih, the .lace is crowded with people, mostly negroes. A raid is intended to be made across the Big Biack soon, and probably as effort will be made to come as fat out as Jackson. A PROFITABLE OFEaATIOJI. At Columbia, Teun., says a correspnndan hats and boots were gebbled up by officer 1 for 10 and 14 each in Confederate money. Oar army got immediate supplies sufficient for six months. - CEN. JOHN ADAMS. Brigadier General John Adams ef the Mis sissippi Brigade, say a correspondent of the Selma .Rebel, was spot through the bdy at Franklin nine times. No one ever died more bravely or gallantly. The Yaukees robbed his body of his pocket book, watch, and bis large seal liog. They tool; his wife's picture, hut gave it to one of the wounded ntec, who returned it. .A Sister's Siiame. j We copy to day from the Constitutionalist) the proceedings of a meeting held 10 Savannah, 1 presided over by the Mayor of the citv, Dr. Arneld. " The action of the meeting formally dissolves j all connection between the city and tbu Con- I fedeiacy, and burviug the head of secession ! in sack- clotli and ashes, they at 'he feet of infamy for a uiohe in thj bmpie of dis grace. We hi ish for Sivannali, aad as tnu:h as we execr ite the conduct of U.e people, we piy them. Tne fair tame of the Forest city is tdrniihed by the disrepute e conduct of. what we cannot but believe to bo the srn'kst j porUon ot her citizens. They hare hpzd dowa the ijlack vista of ruin and desolation which Sherman left ht-hiud himin his march ! through the heut of the Empire State to their city ; tbey have had the record of the past, written in blood frm the glory ha'o field of Manassas to the not less memorable feut fatal one of Franklin they can look upon the bieaehujnf bones of thousands cf heroes who tavo died for their nountrv at.d vet are williniT to thrnttlr? v,irc tk- r-nmoj fr..m" the.e biondy fields to bid us fi-ht on, and say to miserable tyrants who have worked the rum ct t ur country, and murdered our best ciiiz 'ns, take us back, we will be cue with you ! " Oh, shame, shame upon the perfidy"; away with the ignomin'r. We believe Savaii- ! nab wiilyet be disenthralled, and then she will spew from her mouth the impious wretches who would S'd her honor to him who knows not houcr. The men who would sell their country in such an hour aj, this, wuid sell their souls for a confederation jn dollars ai d cents would sell their -Lord " for Usa thau th rty pieces of ci'.ver. , The foregoing from the Augusta Dnily Beg ister, speaks in bitter terms of the action taken by certain citizens of Savnnah who, in a public meatingheld u-tonthe call ol the Mayor, have formally renounced their allegiance to the Confederacy and, in the language of their resoltuiwn " seek to have peace by laying down our (their) arms and submittiug to the national authorities'claiming "ths immunities and privileges cont-iiccd in the proclamation of the President of the Unit 6 States." This is the end to which we baye expectsd all unwarranta ble peace negotiations, to come; this the termi nus of Slate sovereignty and separate State 3011051' as harped upon by their especial champions. What we have, heretofore said of Georgia in connection with Sherman's suc cessful march through her territory, was not intended to add a pang to the sensibilities cf any loyal son of hers Wr intended to attri bute the fault of that great calamity to thosn who'have subdued the spirit of Georgia pa triotism, or weakened it by disaffection. And the truth of what we. taid is no more. appa rent ; and we Sear that u A in Savannah alone are there to be fonnd numbers who are .ready 0 make the sasn tame and shameful submis sion. But these wen in Savannah, whoever they may be, are fixing their own lot, but by no means settling the destiny of the Confed eracy. Bnt this should be an admonition to Con gress for action prompt, vigorous action worthy of a Government possessed of ssver eignty and holding in charge the vital inter ests of a multitude of people. Let it call into requisition the military strength, employ all the means that our enemies use for assailing us. in order to resist them and Sherman will be brought to grief, and the cowardly conduct of the fubmissioi i.sls in SayanEah will rocoq on their heads wiih such rfrrible force, that never again will there bo found others willing to follow ttreir example. t e are giaa to see mat tne duties c f Editor" of the Conservative have been assumed bv a known and responsible & rsoa. W shall have no difficulty in the discussion of points of difference, now that we know with whom we have to deal. Mr. Kobbins promi ses all that could bo desired of an independent and patiioiic editor, and we wish him an abutalan t success, personally, and in all his e Sorts to support the Confederate and State governments and to restireto ns ao honorable peace. We subjoin his Card Salutatory : Having assumed the duties of Editor e-f the Conservative, the undersigned Legs leave to say to the pat rot s of the paprr and tbo public, that his time "and whatever little talents he may pos e?s, will be devoted to it, in the earn est endeavor to make it in every respect worthy of not only the extensive patronage it has heretofore enjoyen, but' still moTe exten sive, if possible. It vuli 00. tinuc iu future, as Ueretof.-re, to contain the latent telegraphic and either news, faithful repoits of the pro ceedings 0f tne Lc-gifclature. when in session, and such news as will be most interesting and important to the public. In politics icwill coe unu e to advocate conservative policy as the oly hope of the country. And while it will echew any and ail political wrangling, the end and aim of which rise not above parly, it will not shrink from a discussion involving the weaj or woe of the country. In its columns all measures emanating from either the Con federate or State government, which are be lieved to be dictated by sound policy, will re ceive a cordial support ; while such as will hot bear being tried by the standardof the con stitution will be calmly aud honestly but lear lessly criticised and conderui ed. Iu regard to the territeie war in which we are now engaged, the Conservative will es pouse and advocate any practicable and con stitutional plan which presents a fair prospect of producing a cessation of arm by restoring to us an honorable peace, aud at the same time it will oppose any impracticable prepo sitions, which may be in conflict with the con stitution and the fundamental principles of oar government; tending an such propositions generally do, to encourage the public enemy, and distract, divide and weaken ourselves; and jn all respects we shall endeavor so far as a candid and truthful statement of facts and the reasonable inferences to be drawn therefrom, can be pleasant, in times like these, to make the Daily and Weekly visits of the Conserva tive oath agreeable and profitable. Maemaduke S. Bobbins. We received oar full complement of ex changes yesterday. North and South, but find no news of importance from aoy direction Our columns are occupied with articles of a , '.. locai ana miscellaneous cnaracter, wnicn we fruit will he acceptable to our rcadera. Supreme Court Dreisions. BETH BRIDGMAN Vb. PETEE SULLETT. The petitioner ws, prior to the 26Th day of April. 1864, a Lieutenant in the army of the Confederate Stab s, but, by an order of that date, ne was dropped from - the rell as an officer. At the August Term, 1SC4, of the Court of Pleas aud Quaiter Sesshus for the county of IIyd, he vas elected Register of the county and was duly qualified as such, by entering into bond and t tking the neces sary oaths. Sus.ieq leatij, to-wit, ou tne '221 of September, 1864, he was ordered, as a conscript, by the enrolling officer of the coun ty to report himself without delay to the camp ofJntruction, near Kaleih. The ' dare of enrolment is not distinctly specified, either in the petition or return; though it is strong ly to be inferred fro.n the aile ith os of the petit'oner, that it was prior to his election as Bcgister. That however, I coucider as im material, because I think that, under the ar my regulations, he was in the 'military ser vice, asa private, as soon as he wv.s dropped from tiie roll as au officer. See Army Iiegu lations. It is agreed 'by the counsel mat a Register of a county is a civil officer of the Stat"., anil lhat the Governor had olaimtd the petitioner as an exempt from militaiy s-i vice in the army of the Conn delate S ates. Upon this statement of facts, it is contended by the counsel for the petitioner first, that he is entitled to a discharge from custody upn a just construction of the 2 3 paragraph ot the lOrh section 01 the act of Coujre-s, rati heel oj the 17. h day of February, 1804, though ws in the military service when he was elected Register of Hyde county. Secondly, if that be not so, that a'ler bis elec ion aud qu liificatioH as a civil oflicer of the State, he became exempt from any further service in the army -of the Confederate States, because Confess has no power to restrict the State in the selection .of -any ef its.citizen, whether in or cut of the army, to fill any cfiiee necessary to the action ef its government. I differ from the counsel as to the correctness of his posi tion, and will proceed to state, as well as 1 can,' the? leaaona upon which iy npinicu !g founded: 1. In ascertaining and settling the construc tion of the military act of Febru try 1334, it is proper to avail ourselves of any light wnicu may be thrown upon the subject by atiy stat ute, in pari mateii, particularly if it were passed about the same time 1 Black, Comm. 60. It appears from the Act of nress, ap proved the 5lb day of January 1864, entitled ' an act to put an end to tho exemption from military service of those who have beret e fore furnished substitutes," that the country was then iu vry great need of soldiers, the pre arubiO reeib s that: " Whereas in the present circumstance-, of the country it requires ti.e Congress of the Confederate States tin enact," aid of all who are ahle to boar arms ; the etc. , This most presing want of the Confede rate Government is, ;f possible, still morcstto. g ly showu in the act uuder con.sideration It re- peals all former laws which granted exemptions and thus at once, sleeps away the long list of exempts which may be found iu the act cf Oc tober, 1862. It os iitrrges the ages of conscripts from 18 and 45 to 17 and 50, thus calling iuto the field of activo service boys and old men. It takes from their homes almost every person capable ef bearing arms except those officers who are r.ecest-ary to tiie proper administration of the Confederate and State Governments, aud a fow others who were deemed necessary carry on the educational, industrial and other indispensable pursuits of the country, with the addition of a still fewer 1 umber vrho ar restrained from bearing araaa by religious oru ples. With this most urgent, pressing demind for soldiers fer the dffenCe of the country, in its life aud dtath struggle for national existence, placed thus prominently before us; have we a right to infer tbat Congress intended by the exemptions which it grauted in the act ot Feb ruary, 18G4, to release from further service, in the arnjy, any soldier whom it has a right to retaiu there? It seems tome to be ignoring the whole spirit of tu act to suppose so. I cannot oome to any such c melsion, uuless I had it so declared by the express tenas of the :ict. So far fruru fineimg any express declaration in tne act t; that tfiVet, the trfci ot excmpli"ii may be fully sausrjd by confining tne 111 to the p-r- sna C2e i lf T)UlftUltS the tune of their turel- uent. lti snae C'ses the persons exempted must have been employed iu the duties of their r-ffice or profession, at the date of the act, and could not entitle themselves to exemption, by subsequently engagiug iu such office or profes sion eveu prior to the time of tiieir euroluieut. This is the cafe with regard" to min.ster.ief religion, physicians and fchoolmnstf ru. All the farmers of the country are put iuto the army, except the bonded overseers f lo able bodied field hands ; and even tloy, it seems, ruigi;t have been deprived of the benefit of the ex emption, had they been enrolled since the lt of February 1804, but for a Epeciul prov;ion in their favor. See 4th par. ef the lOih sec. of the act of February, lb4. Looking them ever the whole act from ibe first section to the last, I am unable to discover anything, either in its lasguage or its spirit, which releases er exempts from service any person already in the army a .1 aoldier. The tact that by another act of Con gress, officers and soldiers in the army may become execpt from further ecrvice by being electee! to certain offices or places of trust, either i the State or Confederate Government, does not affect the. present case, which depends, ia the view in which I aai now taking of it, eatirely upon the construction of the act of February, 1864. 2. The second position taken for the pe titiemer by his counsel, is a much more impor tant one, affecting as it does, the relative powers and rights of tho Confederate and S!ate Governments; and 1 therefore appr.-ach its discussion with much diffidence ; par.icu larly as I find that the conclusion at which I have arrived is at variance with the opinion entertained by many o! those for whose learn ing and ability I entertain the highest respect. The difccultics cf thease arise from the fact that the same persons are citizens of two separate and distinct sovereigns, to both of which they owe dnty and allegiance. If the constitutions, up n which these respective grvomments are based, be rightly constrnei and rigidly adhered to, there will be litt e or bo datsger of their clashing or interfering wjth each other in their respective demands of ser vice from the people. In the distribution of the powers of sovereignty, it js conceded that the States have conferred upon the Confederate government the war power, that is the power to deelare war, and to raise and support armies. It has been held by all the great statesmen and judges of the country that thispwer is, with a slight exception, unlimited. - In aid of this, and the other powers ve?ted in the general government, . the Constitution declares that Congress shall have power " to make all laws which shall be necessary and proper for carry iag tbero ibto execution." See art, 1, sec. 8, par. 18, And it asserts the supremacy of the Confederate States as to the powers conferred upon the Government. By declaring that "this ! uuou anu .ue.aw W iuymmr states, made ltputbuauce thereof, shall oo Constitutiou and the laws of the Confederate j the Supreme 'law of the land, and ihe Judges fchall be bound thereby, an v thin at in the Con- btitutioo or laws of inj' State to the contrary notwithstanding." Although the war power of the Confederate Government us thus absolute and unlmiited in terms, and the supremacy A tbat Government over the States, with regard to tbat power, is thus clearly and distinctly asserted, it has been d cided, aod I think rightly decided, that the Confe-d?rate Govern ment cannot, in the exercise of the war t.ower, destroy the Sta es by cnseribing those officers who aie necessary to the action of the State Governments. Sre Burroughs vs. 1 eytotr, dt cided by fcie Supreme Court of App.vdn of Viaginia and recognized as authority in John son vs. ?dal!ett, decided dj this Cotut. What ever peiseiis filled any office iu tho Stat", which the Legislature declared to be necessary for the State Government, when the act of February, 18t34, ws passed, were thero y placed beyi.d the power of conacriptbn by the Conliderato Govemmeat. Tuat Govern ment is founded upon the Stte Governments as sovereigns, aud cannot exist without them. Tne superstructure mu.-t"tall wheu its pillars are ukn away ir ditroyeei. But the case n reversed when the Confede rate government has, in. the exercise of its rihtiui supreme war power, conscribrd in 10 its s rvice a man who is not an flicer of the State, and tho S ate is ftttemptingto uke him out wt n by tiectiust him te an etnce. ih 1 raau, as a citiz n, ovedihc diiy to the gen- I eral government, which it had calle 1 upon him to pur tot m, just as niu;h as ;t oved tho du y to the State to accept and nu-euarge the duties to wnich he was elected. Ibiearetwo obligations undoubtedly finding iuoti tho mtn, but which being incoisiteni, caunot both be performed at the same time, llow can this c l fii ;f. be settled, but by resorting to a principle of potent efficacy both iu inter national and municipal law, that priority of possession gives a pri rity of right. This would seeru h be a j-st rule even if the two governments were equal in their powers, with respect to the subject, ail it surely cannot operate against that government whose p w er, in thut particular, is supreme. The State must, iu such a case, yield to the prior claim of the general government, .ai'd select some other man to fill it- office Toe argument that, perhaps the State caio ot find another person out of the army lit tor' the place, is answen-d by the equally probable supposi tion, that the general government may not be able to procure wuotber Gt person for asl dier. . Wheu either snpposiiion shall become certainty, it will be, when bolit governments are on the eve of destruction. The petitioner, in the present wwe, is not one of the officers of tho State who is recog nized in its Constitution, as being essential to the government. If he were so, the argu ment in his favor, would be much stronger perhaps irresistible. The. Constitution de clares in express, or necessarily implied terms, that there shall be a Governor, Judges of the Supreme Court, Justices of the Peace, a Sht-rift, a Coroner or Coroners, and Constables in each county, a Secretary of State and sev eral other t Hirers; also, mcnib.ra of both Houses of the Geneial Assembly; and, it may be that, with regatd to all these, too State never surrendered her right to Have tho offi ces and placos rilled by any of her citizens, whether they should be, xt ihetime of their election, in the service of the general govcrn meliter not. This is a question of the highest importance to both uuveruinents, and I will not undertake to decide npon it, until it be comes necessary in the performance? ef my ju dicial duty to elo so. It may also deserve ruore cii i deration, ti.ran ie subject has y"et receiveel, whether the Legislature :an depiive the SUte of any of tho.-e constitutional officers by permitting them to be consenbed, as it pur ports u do, as to some at th.m, by the act of December 14th, 1S63. See Liws of the Extra Session iu December, 1863, chapter 14. My conclui-iou upon a full conndcration of tho whole matter is, that the judgment which 1 rendered in vacation in favor of tho peti tioner, founded, as 1 expressed at the time, upon the previous case of Russell vs. Whiting, derided bv the Chiel Justice, was erronevt, ami ought to be revoked with costs, and that tne petitioner must be reniamlcd to the cus tody of Major Peler Mallett, Commandant of Couscripts. WILL. H. BATTLE. I concur in tbi opinion. M. E. MANLY. I eiisseut from this decision. . K. M. PEARSON. From the Sorth. The Richmond papers ef Saturday, contain a batch of extracts from Northern papers, cf very little iofportat.ee. The stury of ihe lilairs cool ing South as peace negotiators ia now denied ' they came as Vislurs to Grubt, aud nothing more. The Nothern papers copy the notorious article from the Hickmoud Enquirer, about abandouing slavery in the Syutb, provided Frauc" and and England will guarantee tho independence ef the Southern Confederacy; bat ascribe it to the lti chin owl Sentinel, which they fay is Presi dent Davis' organ, and speaks bis sentiments. There is about as niuch reason and truth in the statement, ns there was ue for the following Yankee accompaniment of the statement: The following editorial from the Richmond Seulincl has been deemed by Secrery Seward of such importance, and so truly representing the condition of the South aud Jeff Davis's own intention, that be ha ordered cpies cf it to be sent to our fureigu leaders, - to ehow that the rebel Government is admitted by their owa ministers to be a failure, aud that, already ex hausted and wern out, they are teekiog tor soru port of refuge ; and this Icing the case, that they be no loger considered as belligerents. .Those most familiar with Jeff Davis and writings declare this to be from his pec. his New AdTcrtisccients. Col. YY. H, Tucker, candidate lor Commis sioner ia Western Ward. New School iu Rdeigh Mr. Dowell. Thoa. lirauch wauls N. C. Ii. U. Bonds. University ofNorth Carolina. Sale of Yaluable Servants oa the 18tb, by Tocker, Andrew & Co. $30 Reward for a lost Breastpin. Negroes to Hire C II. Cuthbert. J. M. Lovejoy'g Acadenjy, J. II. Horner's Classical and Mathematical School. A No. 1 Negro Man. to be sold by Creech fc Lithfoid en Thursday; Several comrxuuicattons on hand, which shall have place as fast as we can make room for them. Promoted. Major W. C. Linkford toLt. Colonel of th 47th N. C. Begt. TELE G R APH 1C, intercd ccordinto act o! CcneresMn tbt Vei l't 163, J S-lnAiR, la 0,, Clerk' ett.c. of tho Distnet Court of tha Cesfederate Statft for the Northern DtHrict of Georgia. blierman's Movements. CriAliLESTUN, JiSivA dispatch from Gra-hamvillc,-12 15, p m, says no news from the en emy this morn iog-. A gentleman ju?t from S. ynnah, reports thot SkormAo bas sent the I7th army corps an und to Beaufort, S C, to ro-jrat with Foster's troops betvveea Foctali-o and Ccota. watchie. .Exchange of Prisoners. RICH MOM), Jan. 9. A flag ot truce bost ar rivee at Varina to day. Col. Malford bad an in terview with Colonel Ould and Hatch. Another interview will take place to-day. It i npotd that Mulford wilt submit to propwjjfionj terau exchange of pnscneri. ( onfedcr ate Congress. RICHMOND, Jan. y. Notl.tog important done in th Senate. The Houe passed ths Cousolidation Uill by oc majority. The vote tva t econ.ddereW, and peil iog its further consideration, adjouiu.d. 5orthetn rws.. RICHMOND, Jan. O.-Daltinre Aireiican ef the tth receiv ed. An arrival !rm Hilton llrad rt ports Shcruian'a army quietly rej'Jag. X. tj; -jrejsive niovetnent yet undertaken. Kilpatrick'j cavalry however are constantly on the M-out, watching Hardee. The army wasorganixing and preparing for the oouiaicncu-aient of a new campaign- m t e. r .t t ,irirgraiBs irom e-nurnir.a, AiaDarue, ttj Stcadman's command captured and burned Hooci'i pontoon train, also captured COO mule and over one' thousand wagons and two thousand hog. Forrest i reported near Kussctlville. Stanton has gone to Savannah to confer with Sherman. A Memphis telegram of tho 4th claims Dana's raid on the Mobile and Ohio l(ailrond was com pletely successful. Twenty-fonr bridfrs ne burned, four thousand carbicas and a large amount of ammanition was captured. The New Yojk Chamber of Commerce has adopted a resolution tk.inkiojr ( apt. Co lins (or the capture of the Floriaa. MILITAUY ITFMi. Gen. Qnarles. who. was reporfed to be men tally wounded at tho battle of Fianklin. Tenm, wi'l probably rectver. HeLstaiight aim. General L J. Gattrell is slotaly imprving. He had two libs breken by a ihcll at (h)s;i watchie. The object of the IIt,n. A. U. Wright, of Georgia, in geiug Kwnh. -was to pnetue a parole f..r hiss -na prin iter at Camp Chase. NEW ADVERTISEMENTS. W ESTERN VV A It ) We take pleasure in recommending Col. W. H. TUCK bit tor re-election in the Westvrn Ward. He has s-rved us long and faithfully, fur which service? let us re-elect him by a uuanimnis v.ttr. jtuI0d6t MANY VOX KUS. S C1IOOL NOTIC i: MR. DOWELL will open school on MomJar, 16th Ja nuery. Number limited- Temm pf r session in advaace. janl0 d2t VrOKTII CAROLINA 1JA1L Xl ROAD BONDS. A liberal price will bo paid in cash for JIO.OOO Xorm Carolina K. R. Bonda, or State Boad. will be given in exchange. Applv immediate !r to . ,A J- THOS. MUNCH, jinI0 d3t lialeith. .N . n UNIVERSITY OF NORTH CAROLINA. The next Session of this Institution will begin on Saturday, the 14th of January. The coi j 0 of Intrnctars is full, aad aaaple oppoi tnnith'M lor m nrovement will bo ottered in all the departments. DAVID L. SWALt, jtn 10-d4t PreMdett. LOVEJOY'S ACADEMY. 'i he Forty-Seventh Session t ill com nunc a on the 16th olJanaarv, 1865. .All student required t drill. For particulars, address the Principal." , . , . J.M. LOVEJOY. Raleigh, Jan. iOth, 1S65. d6t PrgrfP8 copy ne we k. c 1LASSICAL AND MATHEMAT ICAL SCHOOL. The next Sctfoen ot this School will comtuen' u the 1st day of Fcbiuary. The nuinbfis uf thf S-nior Class are requeued to retain cn Mcda, the ICtb instant. A competent drill taater will take charge t the Militarr Department. J. H. HORWER, Principal. Oxford, .V C, Jan. 10, 1805. -cTt TEdiiOES to iiirT: . 1 Female Cook, Washer and Ironer. 2 Male Dining Room Servants. 1 good Shoemaker. 1 ' Stationary Engineer. 2 House Scrvanu (female) Applj to .janl0d2t CHAS. n. CUTHBERT. REWARD LOS T , Between Mrs. Moses, tbe Milliner, and the Episcopal Charch, via Fayetteville Street, a JET CROSS BREAST PIN, tinpedwi'.a gold, chiefly valuable as a memento. The finder will pe paid the ahov reward m leav ing it at THIS OFFICE. Jan 10-dlt A UOTION SAL ON JANUARY 18tu, 18C5 E S 1 Boy 17 years old. 1 9 - 1 26 " ' 1 " If " " 1 Girl IS 1 18 1 14 ' .." I Woman and Child. 1 ' 27yeh,raold, god Cook, Waaber and lroaer. Tho above Negroes are sold for no fault, all No. 1 . They can bo seen any day pievious to cay of talc TUCKER, ANDREWS 4 CO., jan I0-2t tuei-ths Aucta. A Com. Merchants. "P EGROE6AUCTION"! : On Thursday next, in front of onr Store, we will sell a No. I QKO MAN, 26 yean old, sound acfi healthy. CBEECH k L1TCHFOKD, jaa l0-d3t Attctioncerr 830
The Daily Confederate (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 10, 1865, edition 1
2
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