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V. -X , J X J C - I - i vl
LVOL. XLlli.J
FAYETTEVILLE, NORTH CAROLINA, JUNE 29, 1863.
NO. 2401.
()
PRINTED EVERY MONDAY,
EDWARD J. IIALE & S03S,
EDITORS AND PROPRIETORS.
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ceeding a half square (8 lines) 60 eents for the
. first and 30 ccata for each succeeding insertion.
SPECIAL NOTICE. "
From and after thU date, no name of a new
subscriber will be entered without payment in
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scribers for a longer time than U paid for. "
Such of our old subscribers as desire to . take
the paper on this system will please notify us
' when making remittances. .'.-.
, Jan'y 1, 1858.
' SIOO REWAIXD!
irzicc tizcm
RANAWAY from the subscriber, the following negroe9,
belonging to Charles II. Ilicks, of Mississippi:
JOE, a black negro, has large hands and a down Took;
age about 35 years; about 5 feet 10 inches.
ALLEN, a mulatto; very much knock-kneed; has an
impudent countenance; age 23 years.
WADE, eopper colored; about 5 feet 10 inches; age 22.
ELLICK, low, blvjk negr, speaks and moved
quickly; age la. i Address JOHN Q. SMITH,
WaDesborough, Anson, N. C.
June 12, 1863. " ' 87-19lpd
$150 .'REWARD.
THE above reward will be paid for the apprehension
and confinement of the following men who deserted
from my company tear Kimton, N. C, about the 28th
of May, via: G. A. DOWNIKG, NOAH CASHWELL;
MARTIN V. B. HAIR, JOHN H. FORT and JOHN
AVERITT.
r Of these, the three first, viz: Downing, Cash well and
Hair, have deserted twice. Address, Ivor Station, Va.
JAMES S. EVANS, Capt.
Co.'F, 24th N. C. T., Ransom's Brigade.
, June 4, 1863. . 374 w
i 050.
Virtually Taxing People for beln; Sick.
THE Doctor must pay the Government and the patient
must pay the Doctor. The Indigent families and es
pecially the volunteer's familiee shall be attended to as
heretofore and at the old rates, but God forbid that any
person should become sick, and call on me for medical
assistance, as I shall be compelled to advanoe ezaotly
In proportion to the advanoe of Medicines and other
things, or absolutely abandon the practice, so that from
and after this date I shall claim (he privilege of advanc
ing four hundred per cent, on the rates established be
fore the war commenced.
A. C. BULLA.
Ashehoro'. May 7, 1863. 27-9tpd
A RARE CHANCE .
FOR MEN OF ENTERPRISE!
A'
8 I wish to change my business I now offer for sal
my
FOUNDRY,
with a full supply of MATERIALS for carrying on th
business to a large extent, in connection with a large
MACHINE SHOP with all the necessary tools.
, Tlie Stlam Engine
now used for the business is ia good order, aad mate
rial a plenty for keeping it so for 10 years to corns.
Tico Cxtra Steam Engines,
one an entire new one;
Turning Lathes, Planeln Machines, Drill Presses,
Extra Belting,
' and other material to numerous to mention.
Alto a lot of LUMBER and TIMBER, with a
. GOOD SAW THLL attached;
Email and large Circular Saws, Whip Saw3, Mor
ticing Machine, Sash Machines,
with all the neoessary Cutters to the above Maohlaes.
For further information apply to
M. A. BAKER, Fayetteville, N. C.
June 4, 1863. 84-lmlm
The Star Foaniry and Machine Shop
IS now in fall operation and will be so continued until
farther notice. Castings of all kinds done at the
shortest notice. ? RAILROAD CASTINGS of all kinds,
STEAM BOAT WORK. COPPER WORK and MA
CHINE WORK of alt kinds, will reoeiv prompt atten
tion at the Star foundry in Fayetteville, by
M. A- BAKER, Office on Hay 8L, -
Opposite the Old Wagon Yard.
Jan 4, 1863. " 84-1 mm
Cotton Tarn for Wool.
HAVING accepted an agency from the" Governor of
the 8 tat, under the direction of CoL II. A. Dowd,
A. Q. VI., at Raleigh, to assist in procuring a supply of
WOOL to provide clothing for our North Carolina Sol
diers the coming Fall and Winter, we are authomed
to exchange Cotton Tarn at the rate of 1 bundle of 6
lbs. for 8 lbs. of Wool an washed, but free of sand and
burs. - Any person having Wool to j spare can greatly
aid our State authorities in their laudable efforts to sus
tain the cause of our country, and at the same time con
tribute (in many oases) to the comfort. of their own
friends and kindred in the army, not by making a do
nation, but receive a full equivalent for their wooL It
Is hoped and expected therefore that a prompt response
will be made to this notioe, as it is important that the
. Wool should go into the hands of the manufacturer. at
an early day, to be mad ready for wear by the early
rail. GEO. W. WILLIAMS & CO.
Fayetteville, May 80, 1863. t 33tf
GRIND STOKES FOR SALE.
THE undersigned have taken the Agency for th sale
; of Messrs. W. B. Farrar & Co.'e Grind 8tones, and
have now on hand sites running from 18X2i inches to
6 feet by 11 inches;- and can have cut at short notice
ANY SIZES wanted. Persons in want of Grjnd Stones
will please correspond with the undersigned, who will
nu oruers promptly ana guarantee the quality of the
grit as representee. .
- GEO. W. WILLIAMS & CO.
Fayetteville, May 27, 1863.
82-tf
, : To Cotton Planters. -
T HAVE been appointed by the Secretary of the Trea-
1 sury, Chief Agent for the pnrchas of Cotton for the
Confederate Government within the Stat of North Caro
lina, aad Trill pay for the same in 7 per sent. Bonds or
Sub-Agents visitintr the different f lb State.
buying in my name, will have written certificates ol
appointment.
By Order of the Secretary of the Treasury, aU Coiton
yurouftoou aj uiyseu or my agents, en and aftor Uie
18th day of March 1803, will be uaid tor in i ont
Bonds r Cash, and not 8 per cent. Bonds as staled ta
a former advertisement. Up to that time, however, th
8 per cent, bonds will b furnished as stated.
Patriotic citizens are now offered an opportunity to
aid the Government by selling to it their Cotton rather
mmu v ayaawvv VpiUkUt3US.
' . : LEWIS 8. WILLIAMS.
; Charlotte, March 24, 1863. o. d. 14tf
As ""! the Rlockadc
11 iuu compel us lo do what w .KahU k... na h
f f fore this, wait upon yourself and cut loose from the
enemy, ine proprietors having started the manufac
turing of all kinds of BOBBINS for Factories in th
""T"" T! ',"m ?e. a01 10 fil order at short
"" wi umirereu in r ayetteville N C
' Address ' Dr L. KIVETT, .
' June 9,1863. M"he8tf Cmh' C
Clinks for. cab zX thia Odco,
, -FAYETTiaVIIiLE,
JSOXDAT KVJEXIXG, JT.XK 23, 1SC3.
-.I ir rrr.' f t m. 1 -j
1 Tub Wax There is little to add to the news in out
last from Gen. Lee's army. What there is will be found
in the proper place. -'.'-". -
' From the Southwest there is news of another great
euooess by Geo, Fembfirton, who has again beaUu Grant's
roop' with dreadful slanghte r. Far mor important
think taia. howerr, it is aenoune! at Riohmonl, by
autboriiy, that the Prasidest baa reeeivad aa offioial
dispatah from Gen. Johnston that Gen. Kirby Smith is
at lant in poMessioa of Milliken's Bend. The position
aems to have1 been obtained without bleedshd, but its
value cannot be over-estimated - It euts off Grant's ar- -my
from supplies f food and froops, and soon we may
expect to,J)r (ht Johnston and Pern her ton have ended
th Yiekburg campafgw ty afiuaning defeat of Oraat'e
army. Grant beaten and Vicksburg safe, and we haM
struck a blow for peac, tb present sitoatioa consi
dered, more effective than any heretofore inflioted npon
the foe. Cheerful as were the feelings inspired by the
news from Virginia a few days ago, the whole tenor of
the Southern news is yet more cheering to-day.
Assaults upon thB'Jvdjciaky.i In our last wo co
pied a letter of the Adjutant General of the State, and
an Explanatory Letter from Chief Justice Pearson,
which deserved and we hope receive! the special notiee
of our readers. We were prevented at the moment from
doing more than asking attention to them. They fur
nish another remarkable exposure of th falsa aad ma
lignant and apparently oonoerted attacks upon the Ju
diciary of North Carolina. Persons aad presses,
no friends to the "highest Judicial authority known to
th State," and certainly no friends to truth, start a
kstory that that highest authority has decided "that mi
litia officers have no right to arrest deserters." Instead
of contradicting this story, these persons and presses
countenance it. They found upon it th lowest and
most vulgar attacks npon "the highest judicial author
ity," personally as well as officially. They suppress
and misstate facts, conveying imputations - upon the
loyalty and integrity of the Judiciary and people of
North Carolina, which are eagerly caught up by evil
disposed men in and out of the' State. They promote
dissension and infuse bitterness among the people ef
our own State, and add to the odiam which we so un
justly endure from the people of other States." They
damage the.great cause in whioh we are all engaged.'
But perhaps even worse than all that, they do what
they can to break down that great bulwark of liberty,
that great safeguard of personal and political rights,
aa honest and intelligent Judiciary, the only reoegnU
ed expounders of the Law. It would be difficult to
understand what these people are about for It , is ia
orvdibl that they wish to produce anarchy or to des
troy a liberty regulated by Law if It were not appa
rent that all these assaults come, from a few bitter party
men, who hava been' discarded from power by th peo
ple, and who have shown a never ceasing determination
to regain power at all hazards.
We say that th letters referred U expose another of
these slanders. Som bad men, either not knowing
th fetof the case, or, If kaewing, suppressing them,
have furiously assailed Chief Justioe Pearson for ad
mitting certain men to bait It was known of course
that the Chief Justice would not desoend to a controver
sy with such persons, or notioe their malignant effu
sions. And so, aa they were aware, they would have
had the story all their own way, but for th fact that a
militia General wrote to the Adj't General for informa
tion and instructions, and the latter found it neoessary
to call on the Chief Justice for the facts, when lo, it ap
pears that, the whole Supreme Court had previously
marked out the oourso taken by the Chief Justioe. the
particulars of it being specially suggested by Judge
Manly!
Pabtibs. We do not clearly see the occasion or the
point of the long artiole in the last Charlotte Demo
crat, though it seems to b intenJed as a reply to an
assault upon itself whioh was never made by ns. .Our
friend, we are sure, on a little reflection will excuse us
from a discussion of party politics with him or with any
one at this time. The occurrences to which he refers
have already been talked over calmly and quietly by
the Democrat and the Observer, and there is no use in
having it over again. They have no connection with
the matters to which we referred, the mischievous as
saults upon the Judiciary. ' I( the Democrat has not
observed the course of some papers in regard to the
Judiciary of the State, whioh w think has done all th
harm that is ' sought to be saddled on decisions never
made, it is its misfortune, not oar fault. Th failure to
see has oertainly not happened because the thing was
invisible. . ,
Convbdebatb Notbs or Tm Old Isbubs. We under
stand that quite a panic has resulted' in som parts of
the country in consequence of the late circular issued
by the State Treasurer. Some persons and Sheriffs are
under the impression that the latter have been ordered
to "decline to receive the old issues in payment of taxes
and some people in cousequenoa refuse to reoeive them
for any thing. This is a mistake. The Treasurer could
give no such order, nor can Sheriffs refuse to receive the
notes, except in plain violation of the law. The Trea
surer advised sheriffs not to commence collecting until
th Legislature had decided the proper course to be
pursued.
The Legislature will meet on Tuesday next. We
have not a doubt that it will take prompt action to sua
tain the currency, and as far as possible oorrect th
mischievous effects of Mr. Memminger's unfortunate
financiering. In the mean time, there is neither sens
nor patriotism in a panic. We shall be glad to practice
what we preach by taking as many of the notes in ques
tion as people may desire to pay as.
Thb Alabama aid Flobida. The London Shipping
Gazette of the 8d ult., received in this oountry by the
last arrivals from Europe, has news from the Alabama
by passenger on the Oneida at Liverpool on th 2d
from South Amerioa. The Alabama, on May 12th was
at anchor off Bahia, where she had gone to land 84 prl
aoners, amsng mem the u. a. Consul to Shanghae cap
lured on the Dorca-j Prince. Tne offioera of th Ala-
abama stated that since they had been out Captain
Semmes had burned tevenly-four yankee ships, and had
ia his cabin tbat number of chronometers. . The Cap
tain was expecting ta.be joined by the Florida, Capt
Maffiit. And th Oneida, on reaching Pernambuoo,
found that the Florida had Just left, having been there
to rd t. She had destroyed several vessels and landed
the prisoners.
i CoarsDBBATB Taxbs.- R. W. Hardie, Esq , has been
appointed UistrictTx Colleotor for Cumberland oounty
An excellent appointment. .
. See advertisement in to-day's paper, and be ready
v ymj buck yi as are due on the 1st of July
Hobb MABcraormuu See the advartiaemeut ef the
: EDITORIAL CORRESPONDENCE.-' , : - .
Raliiob, June 22.
I learn that the Supreme Court has made an impor
tant and interesting decision5 all the Judge oonour
riug ob the point of jurisdiotioa of habea corjru cases.
It affirms th right of tb Court In Term time, and f
each of its Judges 'and each Judge of th -Superior
Courts in vacation, to try sueh cases. This had been
denied, and I understand with some insulting expres
sion, by the Secretary of War, wh ntended that only
Judges of the Confederate Courts have Jurisdiction of
such cases. .The opinion was' delivered by the "Chief
Justice, after full argument, and I understand is.eon
idarwd by the most eminent Lawyer a oae!asiv on
the point. Thre are about 85 habens corpus eases
which will, in consequence of this decision, eome before
tb Court during it present Term; Exolusiv of tfe
cases, now to be heard,' I .learn that there bae been
but about SO in all in th State, of which one cam
before Judge French, one before Judge Kerr, and on
before Jodg Sbipp. lathes three cases th decision
was ia favor ef Ibe applicants, and they were discharg
ed. The remaining 25" or 80 cases were tried before
Chief Justice Pearson, and nine of them were decided
agaimt the applicants. This is a' fact which has betn
carefully withheld from the publio by the mischief
making presses, which have led mc to suppose, in tne ab
sence f oorrect information, that every applicant had
beendischarged. Indeed the impression evidently
meant to be produce! has been, that ft was only neces
sary for a man to sne out a writ, and that his discharge,
right or wrong, was a foregone conclusion. In this way
the character of our Judiciary and of the State has been
injuriously affected, out of the State if not in it, by
those whose only apparent motive has been th obtain
ing of some petty party advantage, by the suppression
of truth and the publication of foul slanders against our
Judiciary and people. In my opinion the unjust no
lions entertained in other States in regard to North
Carolina, and the slights she is constantly receiving
from them and from the government, are owing almost
entirely to the course of a few presses and politioians
in the State, who hav less regard for her reputation
and for the great cause than for the advancement of
their own ambitions scheme.
In regard to desertions from the army, which have
engaged so much of the attention of our exoellent Gov
ernor, I hear that they ar brought in at the rate of per
haps eight or tan a day: They are generally arrested
and brought in by the militia offioors, many of whom are
thus deing important service in requital for their own ex
emption from oonioription. When they fail or refuse
to perform their duty in arresting deserters in their
neighborhood, they are unhesitatingly "brought to camp
themselves as conscripts. Two instances of th kind
occurred a few days ago. So militia officers may look
6ut- it i better to perform their duty than to be con
scripted.
I do not know the number of deserters, either of our
Stale troops or of those from other 8tates, but have rea
son to believe that ours is less than is generally sup
posed, and less than the number ffom either Virginia
or South Carolina. Muoh even of what there is. mar
be fairly set down as caused by the slanders of our Jo-'
dioiary, of which I have spoken above. Soldiers have
been led to believe that they would be protected by
fftithleaa Jad ea, insuad of having stern justioe admin
istered to them. "
Rain, rain, rain I think it has rained every day
since I left home, a week ago, and a great deal ha fai
led within the past 12 hours. The crop prospect ar
stated t be everywhere good. It will not be news t
any one to say that articles of food are high here and in
Wilmington, but it may console my Fayetteville readers
to hear that I think they ar higher in both places than
with them.
We received late last evening a copy of th decision.
which we publish elsewhere.
Cbops. A letter from Bennettsvllle, S. C, says:
"The small grain crops are very fine; the oorn crop
promising; and we will slaughter more than twioe the
usual amount or pora next winter.".
A letter from Tallahassee, Florida; says: '
"Our crops were never better. There will be more
corn and hogs raised in this S'.ate than can be consumed ( if
left in our present Isolated condition) in three years."
Isham A. Dumas Esq., of Richmond County, sends ns
Cotton blooms gathered from his plantation in that
oounty on the 16th inst. Th little cotton he haa plant
ed, he says, looks welL ' Of other crops he writes:
"We are just through saving our wheat, a good crop
and the quality exoellent; the oat orop is also good; the
corn crop in this neighborhood is looking well, and an
abundance of it growing, there having ben out little
cotton planted here. j
'I returned early in this month from a trip of sev
eral weeks in the State ,of Alabama was iu Wiloox,
Marengo, Clark, Dallas, Sumptet, aud other counties,
and the prospect for a heavy corn crop ia good, many
large planters .planting no cotton at all; oorn in good
condition and maturing rapidly. It looked to me and I
heard it so expressed by several intelligent planters,
that if the seasons continued good from mat time, that
there would be a sufficiency of oorn made in that Stale
(Ala.) to serve the whole Confederacy for a twelve
month; and aa to potatoes, peas, &o. I nave never eeeu
anything to equal it. So 1 hope we shall be so favored
with a food orop, that prioes will go down so as to be
reached by every ono."
Dicisivi Strcoqlbb. The N. Y. Tribune believes
and hopes that Lee's advanoe and the operations at
Vioksburg may lead to decisive results and end the
war. We hope so too, but our hopes are founded only
on the belief that glorious successes will be achieved by
the Confederate armies. A great victory at Viokuburg
and another by Lee may con vines theysnkees thatut
i time to quit. But a hundred yinkee victories will
not make the war a day shorter. Yankee suooesses will
not make them more willing to acknowledge our inde
pendence, and until that is done there can be no peace.
But we only intended to make the following extract
from the Tribune, referring to the advanoe across the
Potomac:
"Now, we trust all is as it sterns that Lee haa quietly
gathered and holds ia hund a veteran army Oae Hun
dred Thousand eiroeg, and is pushing it across the Po
tomao with intent to bring the contest to an immediate
issue. It is best for all sides that it should be so. This
War has dragged, on about long enough. We
trust this invasion is meant to be determined and de
cisive, and that it will not be spoiled by a premature
recoil '' If the Rebels are, indeed, orir masters, let them
prove it and let ns own it. If tbey are not, let us make
them now acknowledge the oorn. We hope this demon
stration, together with, that of Ge; isral Grant on Vioks
burg, may be so managed as prar .tically to end the war.
If wc can now take Vicksbnrgj jd Port Hu1oikgu the
one hand, and use up Lue's arj .y on the other, the Con
federacy will be pret ty near'.y played out. If, on the
other hand, the R;bels beat Gr ant and water their horses
in the Delaware, routing all the forces wa can bring
against them, we shall be ur Jer foot, and may as well
own it. Bat remember tha' every day's uarob without
victories this wy from tur Potomac, will render them
weaker and us stronger. It i8 probable, therefore, thit
enr Generals will fight ao decisive battles until tne;'
get Lee where defeat vei i jncure his annihilation"
DrvibBHDs. 5 per
8Ve advertisement.
cent, by tb Bank of Clarendon.
Ihe Bank of Faye Seville, also, 6 per cent.
See ad-
verusemenu
The Bank of Y7af hizUia, ajo, ndw t&stattCrt
, opinion of cnrx? Justice pearson.
In th Supreme. Court of N C. on tha Jurisdiction
of th&t Court la casis ct ILibeaa Corpus.
At the beginning of th term, th Judge requested
the member of the Bar to lnvestlal th eubjsek and
give their opinions and their reasons for them pro or eon.
on mi question: Hm th Court juris JloUon t issue a
uaiiKxt torpue cum eatuct, returnable to tbe
Court, and thereupon U Inquire of the lawfulness of any
roL,nii put on the liberty of a cttixen. . Vie Jure been
nvoreawith the opinions of Messrs. Moore and Win
ston la favor ef the Jurisdiction; and of Mr. 8trong
. ' "e subject hasten" fully discussed.
A "er u II i- m in
Hi C(mrt a m ! consideration, w. are of opinion that
tie Court has jurisdiction, ,
This conclusion is put on two ground:
' 'st.uTb Court has jurisdiction by eoaamoa law. The
laws of our Stat rest for a foundation upon the common
uw of England. It is an admitted prinoiple ef th common-law,
that very Court of record of superior juris
diction ban power to issue the writ of Habeas Corpue
cun eauta, which is the great writ of right for the pro
tection of the liberties of tjie cltiian., , This "power is
anJncUent to every 8upetior Court of Record.". 3
t J'on. 172: x Rr AKr ;t. n.,hAj,. nn-r. n
air
s from the obligation f the King U protect allef f
ifis objects in' the eaiovmenta of their ria?ht of Dersonal
liberty. ud for -this purpose ta inquire by hia Court
inte ta oUitiea of any. ef his subjects. . As this duty
of th King in regard to any of bis subjects eonfers on
every Court of Raoord of superior jurisdiction the power
to issue the writ aa inoident to its existence, it follows
that the duty of th State of North Carolina in regard
to its citixens must confer a like power on all of its
Courts of Record of superior jurisdiction, as inoident to
tbeir existence; xor surely, under our Constitution and
Bill of Rights, in which is reiterated tbe gTeat principle J
of Mama vharta, "every free man restrained of his
liberty is entitled to a remedy to inquire into tha law
fulness thereof and to remove the same if unlawful, and
uuoh remedy ought not to be denied or delayed." The
personal liberty of our citizens must be equally as well
protected and secured as the personal liberty of the
subjects of th King of England. -
Our Constitution vests the legislative power in a Gen
eral Assembly; the Executive power ia a Governor, and
the Supreme Judioial power in a Supreme Churl; so
that the establishment of a Supreme Court, without any
words to that effect, necessarily aad es an inoident to
its existence by force of the Bill of Rights, or the Un-
stitution and th prinoiple of the common law, invests
it with power I inquire by means of this great Writ of
Right into the lawfulness or any restraint upon the
liberty of a free man, and if In establishing a Supreme
Court,. the Legislature) had in express terms denied th
Court the power to issuolhi Writ aad prohibited it front
so doing, suoh prohibition would have been void and of
no effeot. , .
Our conclusion that the Supreme Court has power to
issue the Writ is confirmed by a consideration of the
provisions of the Ilabeae Cerput Act, Rev. Code, Chap.
65. It is taken from two English Statutes, 81 Charles
II and 56, Geo. III. W hav Men that all of th Su
perior Courts of England had power by the common law
to issue the Writ, but the Court oould only act in rrm
time, and a free man might be unlawfully Imprisoned
in vacation time, so th remedy would b delayed, and
to provide the means of speedy inquiry into the cause
of imprisonment, it is enacted by 31 Chas. 11, that every
Judge of all the Courts of superior jurisdiction, on the
application of any person imprisoned npon a criminal
oharge, (unless after eoaviotion,) shall in tha vacation
time, under a penalty of five hundred poneds grant a
Writ of Ilabeae Corpue, returnable without delay, and
by 66 Geo. Ill it is enacted, that, all of the Judge shall,
in tb vacation time, under a like penalty, in th same
manner grant the Writ on the application of any person
imprisoned or restrained of his liberty for' any cause
other than a criminal charge. So in England any par
son, whether imprisoned on a criminal oharge or re
strained of his liberty for any other onus, had a right
during th sitting of the Courts, by application to th
Court. 4 dariag tk vaenUo y application to any
ea-of th Jodges, to have th onus of ho being uu
priced or restrained of his liberty inquired inte with
out-delay.
- Our Ilabeae Corpue Act, ae before observed, is taken
from these twe English Statutes, and not only giv
power to, bat requires, under a penalty ef twenty-fiv
hundred dollars, any Judge r in Huprem or superior
8ourt in the location time, to issue th Writ ef Ilabeae
Corpue on the application of any person imprisoned on
a criminal oharge or otherwise restrained of his liberty.
It is manifest that this act pre-supposes that both the
Supreme and the Superior Courts had power in term
time to issue the Writ, and the intention was so extena
the remedy to the vacation. This aaust be declara
tion bv the Legislature of the fact that both the 8a
preme and the Superior Courts had power to issue the
Writ, or we must adopt th absurdity, that th Legis
lature intended to give to a single Judge in vacation a
power whioh the Court did not possess in term time,
and we can only aooount ror tae raei mat wnue giving
this power to the Judge in vacation, the Legislature
did not in express words oonfer a like power oa tbe
Courts, upon the ground that it was taken for granted
that our Courts, like those in England, already had
the power; for under the unrestricted Legislative power
of th General Assembly, it not only had the power,
but it was iU duty by the Constitution and Bill of Rights
to confer this power on both the Supreme and Superior
Courts, If the Courts did not already possess it
2d. Suppose for the sake of argument H was necessary
that the power should be conferred on th Supreme
Court by statute, we are of opinion that it is conferred
bv the Act establishing the Court. Rev. Code, chapter
83. sea. 6. It is in these words: "The Court shall
have cower to hear and determine all questions of law
brought before ft by appeal or otherwise from a Supe
rior Court of Law and to hear and determine all eases
in equity brought before it by appeal or removal from
a Court of Equity, and shall have original and exclu
sive iurisdiotion in' repealing letters patent, and shall
also have tower to issue writs of Certiorari, tcirefaeiae,
Ilabeae Corpue. Mandamus, and all ether writs which
mav be proper and necessary for the exercise of its ju
risdiction and agreeable to the principles and usages of
Uw." ! :
There are several kinds of writs of Ilabeae Corpue: infe
rior ne to enable th Court to exeroise its jurisdiction.
for inatanoe. ad teetificandrnmUt bring a man out of
jail to be a witness; and the great Writ of Right, Ilabeae
Corpue cum eauea, to bring any citizen alleged to be
wrongfully imprisoned or restrained of his liberty be
fore the Court, with the cause of his arrest and deten
tion, that the matter may be inquired of and tbe party
set at liberty if imprisoned against law. This prooeed-
in is oririnal and in nowise connected with or depend
ent on any other matUr owr which th Court has jurrs
diation. The question is: Does the Act restrict the power ef
the Court to Writs of the inferior sort, or does it confer
nower to issue the great Writ of Right?
In support of the first construction, it is urged that
the words "all other write whioh may be proper and
neoessar for th exercise of its iurisdiotion" ehow that
the writs before specified were intended to be of th
earn kind and must hav th effect of restricting
the power to'writs of the inferior sort. 8veral consid
erations are urged in renly: In strict grammatical con
struction, the restrictive words "which may b proper
and necessary for the exercise of its jurisdiction" refer
to the last antecedent other write," so as to mak
the true reading (supplying'theelipsis.) "and shall also
have nower to issue all other writ whioh may be proper
and neoessary for the exeroise of its jurisdiction." This
further reply is made: If the intention was merely to
give power to iasu th inferior writ necessary to tb
exercise of its jusisdietion, (which power erery Court
t fact has. bv implication,) it was sufficient toeay,
"and the Court may issae all suoh writs as may ba ne
cessary for tha exeroise of it jurisdiction. " Instead of
this simple clause immediately following the grant of
original inriadintio to reDe&l letters patent, comes this
formal announcement: "ana eoail alto nar power o is
sue writs of certiorari, ecire faciae, Ilabeae Corpue, Jfan-
damui." Why this formal announcement of a substantive
grant of power! And why ire there four writ parti
cularly named, if the object was merely to authorize the
Court to issue the inferior sort el writer
In questions of this kind, the Court U not confined to
the narrow field of the impurt of words, construction of
sentences and rules of grammr, but may draw to its
aid considerations of a more comprehensive nature, and
if due we'ght ia giveo to th power of tho Legislator
iia duty the object in vi?w and lb nature of the sub
ject the conclusion is irresistible, that it was the in'
tention to give the Court power te issue the great " TTrtt
r,t Ifinkt J
Tae power of the Lcr-ur ia te??eU ta tie T nl3
than to be established, was ualimitei it had the same
power to oonfer original as appellate jurisdiction.
it was the doty or the Legislature under me wu oi
Rights and the Constitution to provide ia the most am
ple meaner for tha protection of th liberty of "all free
men." The object In stablishiog a Supreme Court was
t provide the Tribunal best calculated to scours uni
formity and oerreotne of decision ia respect to all
questions involving 'Tights of person" and rights of
Lhinm Tkl. t .. - jt .. .11 L - i;v.t
by a-Courtaomposed of thrs Judge.-From th Datura
of the subject, in actions at law and indictments where
the facts must be tried by a jury, it was seen to be im
f U,,VMM ouprem uourt to exercise original
jarladloUon. - Henc U vras deemed expedi.nt, that all
actions and Indietmenta aWJ rVL. l Uvw
prwjucftui ior tne Bupreme Uoart to exercise original
actions and Indictments should originate in the" lower
Courts, where th facie ean be found so aa ta present to
1. L.T . 1 . - . '
EuiMTwn voari oij question oi law by way of ap
peal: In suits in equity where, although the faots are
sometimes complicated, the mode of trial is by the
Court, it was deemed expedient that th. proceedings
should originate below and then be brought op by ap
peal or removal after being set for hearing. So ia re
spect to these remedies only appellate jurisdiction is
conferred.
There remained a fourth distiuot and important sub-
joot of jurisdiction," to-wit: the writ of Ilabeae Coryu
tauta. crom ua nature no eommioaiea siace ei
facts ean be presented, so that consideration presented
no objection to the grant ef original jurisdiction to the
Supreme Court. While on the ether band, as all of the
Judges of the Supreme and Superior Courts had power
to issue suca writs and decide upon the lawfulness or
th imprisonment, in order to prevent conflict of deci
sion and utter confusion and chaos, and to give uni
formity aqd oorsectness to deoisioos involving the lib
erty of the citizen, tha necessity of conferring orieiaal
jurisdiction on the Supreme Court to Issue th writ ind
decide on the right was patent; and, if the Statute in
question does not confer the power, no reason can be
assigned for the omission: unless it was the opinion of
th Legislature that the power would attach to the
Court as soon .as it was established as an incident of its
existence, upon the principles of the Common law and
Bill of Rigtt.
Im Legislature had, full pewer. it was its amy
there wa a patent necessity the object in establishing
me supreme Court oould not otherwise be ruiniied, ana
ho objection to it could be suggested. It follows, that
the Court hae the power, either on the ground that th
Statute oonfer it, or the omission to do so is a legisla
tive declaration that the Court possesses the power ae
incident to its existenoe.
Oa the able argument with whioh we have been fa
vored by Mr. Strong, he called attention to the fact that
the act of Congress, 1788, establishing th Supreme
Court of th United States, used nearly the same lan
guage as the not of the Legislature establishing the Su
preme Court of this State, and that in th construction
of the act of Congress, the Supreme Court of the United
States have decided that the Court cannot iasae tbe
writ of Ilabeae 'Corpue cum mum exovpt where the writ
is inoident to an appellate jurisdiction
That is true, and it seem to aooount for the general
Impression which has prevailed in this State against the
power of the Court The fact that so many applications
have been made to the Judgts for writs of Ilabeae Cor
pue, during the last few months, ha directed attantioa
to tais sabjeot, and a oieser ana more serious investi
gation than th subject had before received results in
the ooncluslon that the Court has the pewer, and that
the erroneous impression whioh has prevailed is to be
ascribed to the ciroumstanoe that due weight had net
been given to the difference between the two Courts ia
regard to the eourcet from which jurisdiction may be
derived. The Supreme Court of the United States can
derive no jurisdiction from the principles of the Com
mon law. Its jurisdiction must rest solely on acts of
Congress, and th power of Congress to oonfer jurisdic
tion rests on the Constitution of the United states. It
can have no power except that whioh is conferred by
the Constitution, and by it th power to establish a Su
preme Court is restricted to a oourt of appellate juriedie-
rfcm, exeept in oases aneoting embassadors, &o. Art. a,
see. 2. .
The very reverse of all this ia the case- in respeot
to the Supreme -Court ef the State. It may derive Ju
risdiction from th prinoiple of the Common law. The
power of the Legislature to oonfer jurisdiction is unlim
ited, and there is no reason why it should not. if deemed
expedient, have established a Supreme Court with full
original jurisdiction, or one with jurisdiction partly ori
ginal and partly appellate. '
i In the Opinion of Judge Marshall, at park Bollman,
4 Cranch 93, 2 Curtis 24, a full and arnical' examina
tion Is made of tbe act of Congress, aad hs comes tq the
Conclusion, that by its true construction it would confer
on the Supreme Court jurisdiction to issue the writ of
Ilabeae Corpue turn cauea, but for the fact that it was to
be oonstruediin reference to the limited power of Con
gress. Our act, on the contrary, is to b construed Jo
reference to the unlimited power of the Legislature, and
in this view the Opinion of Judge Marshall strongly
supports the conclusion to which we have arrived.
Mr. Strong also cited th case of Jones MoLaorin,
7 Jones 832. That was a ecire faciae against baiL and
the Court deoide that' it has net Jurisdiction, becaase
the ecire faciae as there used is in effect an aotion of
debt, in respect to which the Court has enly appellate
jurisdiction. The question we have before ns is plainly
distinguishable. Tbe Habtae Corpue eum eauea is to
tally distinot In its nature from any action at law, or
piooeeding in th nature of an action, or suit in equity,
or indiotment, and is put by us on grounds peouliar to
itself, v
Our conclusion is, that the Conrl has power to issue
writs of -Ilabeae Corpue, returnable to the Court, and
thereupon to inquire of and decide upon the lawfulness
ef any restraint pat on the liberty of e citizen. This
opinion does not affect the question of the jurisdiction
of a state Court where th arrest is justified en the an
thority, or by color, of an act of the Congress of the
Confederal States. That question may be the subject
ef future consideration. - r
R. M. PEARSON.
Nbolbct. An officer in th armr sanding us for
publication the death of one of his men, which had oo
eurred in aHoaprtl a irf ath ago, asks us to oall at
tention to an evil existing ia most or tne Hospiias.
The Sarceons geuerally. he says, never notify Capt alas
af tha deaths of their men in Hospital. A soldier iu
his company died in s fetersburg uopiai tome urn
aero, and not for two months did his officers know any
thing of it; and then they ascertained it by going to the
HnanUtl and searching tbe books to ascertain nis
whereabouts. . f.
" FOR THB OBSERVER.
The Editor of th Observer will oMig a lady thank
ed by Dr. Satchwell in his late publication for a con
siderable donation r Hospital delicacies, by stating
that it was a joint contribution of Mrs W. B. Wright,
Mrs. G. W. Williams. Mrs. A. A. Mehethan, Mrs. Jos.
Utley, Mrs. H L. Myrover, Miss. C. Hmes.
. ji . 1 K j "
, roa ran obseh.vkr.
The next Meeting of the Juvenile Knitting Society
will be held on Friday the 2Gih, at the residence of Mr.
A. M. Johnson. . ' , . .
From Charleston. Chabxbstoji, June 23. We learn
that there are 8 regiments of the enemy on Our ciast,
between Folly and Seabrook's Island.
DIED.
In this town, Friday 19th inst., Captain BENJAMIN
RUSH, Sen'r, in th coin year or his age. lie vm
born in New Jersey but had resided in this plaoo for
the last 40 years. Modest and unassuming ia his de
portment he was much respected by all who knew him
At her ratber a residence,-Jonn 14. Rlofberson, sq
Mrs. MARY A. WILLIAMS, wife of Mr. Wilson Wil
Hams, in ber 80th ytar.
In Hillsboro. on the 17th inst.. of disease of rbe
heart, JOSIAH COLLINS, of Laks 8epparnoas. Wash
ington oounty. aged 55 years.
In Salisbury, 18th InsU, at 2 o'clock, FRANK, the
adopted son of J. J. and Elizabeth Weisiger, aged
years, 3 months and 24 days.
la Wilson, l&ta msU, of diptheria, rxv..ixv
EX ANDES., aged 13 yearj, nja ot John A. aad Sih
Stanly, X Eeaufort eunly. 1 " "
In Cumberland County, on the 52d of June, Mrs.
ISABELLA MeGILL, wife oi Aroaibald MoGid, native
of Argyllshire, 11 aad of Jura, ia the 4 8th year of her
. . .... - 1.1.. ...1 M1M.l M..
John A. MoAuiay, a v
Aalnv a member ef Oo. G, 6th Alabama regO, was bora,
7L irantv. N. C. in August 1833. and fih "
in iilvillaV1J w v " ' . v a
rftiS round the Gk;U1 &ea C1- HOaU
TJU Tahkeee again repuleed at YkJuburf, with Urrwle
ton Jackos, Jun 22. On Saturday saornin-, at
o'clock, the enemy made another foriou" assault oa our '
lines in th tr of Vicksburg. The action lasted un
til 10 Vclook, a. m., ending in a complete rout of the
enemy.'
Citizens from th neighborhood report that th fir of
musketry exceeded anything ever heard. Tha loss of
the enemy is heavier than any other attack. Nothing
whatever is known in regard to our loss, but it Is eer- .
tain that another great victory has been gained. -
.. The correspondent of the Mississippi stlmaU th
loss of the enemy on Saturday at 10.000; also that the
enemy are throwing pontoons across the Big Blaok, be- -,
tween tb Rail Road Bridge and Baldwin's Ferry, near
Warrenlon. It Is reported that our foroes have taken
possession of Union Bluff oa th Yazoo river
One of our scouts has Just arrived from tha. interior
of th enemy' lines. II report that they acknowledge
their loss was heavier than any other assault, and that
it is variously estimated at seven to ten thousand; and
that our victory w complete. Their troop ar much
depressed in oonsequence, and say that Vicksburg ha
ever been a slaughter pen, and abuse Gen. Grant for
undertaking an impossibility.
' Tf 4nofar Rrpulee.TkC.9r, June 2S. A bearer
of dlpatche left Vicksburg en Wednesday, who reports
tbat th enemy made a desperate assault on our centre
tbat day. Tbe engagement lasted roar boar. . tie
escaped through their , lines during the aotion. Be
knows that they wererepnnea won heavy loss, when
he left there wa no loss oa our tide. H say that th
assault wa most vigorous, and th rout complete.
Important from the Southwest. The President on yes
terday reoeived from General Johnston a telegram an
nouncing that Msj.-Gea'l Richard Taylor, oommanding
division under Gen. Kirby Smith, had Uken possession
of-Miluken's Bend. Th dispatch does not mennonauy
battle as ooourring, and therefor we presume the yan-
Bees evacuated the place without a bgy. Miuiaen a
Bend is a strong position oommanding t(e Mississippi
river, twenty-five mile above Vicksburg. It being in
our possession effectually outs off Grant's supplies.
Riehmond Examiner, 2&d,
From Port Hudson. Qsvka, June 21. A reliable
gentleman from th vicinity of Port Hudson, reports
that Banks has received eleven transports of reinforce
ments from Hilton Head, and tbat he has mustered out
as many as he has reoeived. His present army is 12 to
15,000. , The men whose time is out refuse to fight. .
" A oouri from Col. Lyons repofls heavy firing at
Prt Royal every night Gardner's men are firm.
Capture of Yankee Artillery and Baggage, Jack
sea, June 22. Gen. Buggies, with his oavalry, overtook
the raiders near Rocky Ford, in Tallahatchie, to-day,
and a severe engagement ensued, resulting in the cap
ture of 80 priaoners, 2 piece of artillery, their entire
baggage and ammunition train, together with a large
amount of provisions stolen from the citizens. The ene
my's loss ia killed is 80j oar loss small. -
Another Splendid Catalry Attack Jaoksob, June 28.
i-JCol Wirt Adams' eavalry attaoked 4.00 Of th oomy'B
cavalry on Bear greek, La., near Meohanlosburg yester
day and routed them, capturing their artillery and kill
ing and wounding 100. Our ic? 25 killed and waunde.
More vatairy wAin.-i-Jackson. Jun 23. - Z
patch dated Grenada, 22d, states that on Friday, Chal
mers attacked tha 2d Illinois oavalry 4 miles south of
Hernando, at daylight, killing, wounding and captur
ing all but on company. '
Capture of Yankee Waffone, From New Orleme.
Ostka, June 23. A courier from Kellertown report
that Lyons oaptured near Clinton, oa Saturday, afer
agrag train of 62 wagons. 289 mules, 80 yankee, and
32 negroes. -
A private letter from New Orleans report Urribtt
mortality among th Federal there. All th. publie
and many of th private house have been oon varied In
to hospitals.
From Termeeeee. KaoxVttLB, Jun 20. 8ix Regi
ment of mounted infantry f a of cavalry and -a bat-
tery of artillery ia all throe thousand attaoked this
city this morning, CoL Trigg, of the 54th Virginia Regi
ment, in command of our foroes. After a spirited en
gagement of one hour and a half our batteries drove
the enemy from the field, with heavy loss. Our loss .
was 6 killed and wounded. .
Knoxviub, Jun 22. Th raiders left here on Satur
day at 10 o'clock, and reached Strawberry Plains at 6
P. M. After a brisk fire of half an hour our troops were .
captured. .The enemy paroled 130 prisoners, burned
tbe bridge, depot, buildings, and three or four private
dwellings, and rifled others. They then prooeedad te
New-Market and Mosay Creek Sunday.) where they
burned the bridge, tore up the railroad track, and out
the wire as far as they went.
On Monday, between Mossv Creek anl Mooresto.wn, -they
were confronted from the front and rear by the
commands of Gens. Jackson and Pegram, and Col Soott.
It i rumored and believed that w took all tbir artil
lery and th whole foro wa .dispersed our cavalry
pursuing and oaptuYlng prisoners.
WabTbacb, Tbbb , June zz. oen- wilder aivisron
of 2000 federal eavalry, 500 of whom were negroes, wer
qriven back from Alexandria, Tenn , 8 muss northwest
of Liberty, by Duke's eavalry, n the 17tb. Th ene
my's loss was 10 killed aad a number wounaea. aa
loss on our Bide. ' "
Fight in East Tennessee. Yft have a report that a con
siderable battle took place at Big Creek Gap, in East
Tennessse, on Friday last, between tee foroes of lien.
Buokner ind the Federal. General, Burnside, in whioh
the enemy are said to have been repulsed twioe with
heavy loss. Richmond VupatcA, zaa.
Suffolk Resorted Evacuated and Destroyed KlCTmovv,
June 23. It is reported that Suffolk was evaoaated and
! burnt by th yankees yesterday. ' !
The Confederate Navv Asothcr Confederate steamer
is out, but was pretty thoroughly searched by the Eng
lish authorities before she left. She was ealled the
Lord Clyde while lying at Cardiff Dispatch, 23d.
CHANGE OF TERMS.
"We have just reeeived and to day begin to use e lot
of printing psper at so very large an increase over -the
latt previous price as te oblige ns to change our terms
of subscript ion. This last inorease of prioe will add to
our annual expenses, for the single Item of paper, about
$6,000. And bow long before ibere will be another in
crease in the price of paper we cannot tell, the present
being the fourth adranee in fifteen mo'ntLa. Of coarse
we cannot afford lo lose $6,000 by continuing to prist
the paper at the recent price. W must either increase
prioes or reduce the size ef the paper. To the half sheet
system we have a streng repugnance; but in anticipa
tion of such a rise in the' prioe of paper we have been
endeavoring to purchase an additional supply of the
smaller sized type we uea, so ae to be able to reduce ta
size ef the paprone-fifth without diminishing tb quan
tity of reading matter in it. In this we hav not SUO
eedei. There i no other alternative than to Increase
the price of subscription, whioh will be, on and afler
this date, $8 a year for th Semi Weekly, end $4 e, year
for the Weekly Observer. ,
Money received by mail will be credited at the nW
prices, bnt will b promptly returned to any one the
may be dissatisfied therewith. -
Single copies uf the paper will be sold at 10 centa. T .
June', 1863, " ' . v .',
Tke Ccitar Falls .Ho"-
bin Co. ar now prrparea lo furci , at
short notice, hll" kinds cf B0B-IN3,'"
SfOOLii and QUILLS, Ao , suitable for Woolen and
Cotton Mills . J. M.ODELL, Age'uU
Cedar Falls, N. C, June 5, 18G3. . C6-Cmpd .
.. MISTAKE MADS..
ON leaving the cars at Wareaw last Thursday niht, 1 '
picked up the wrong VAL1CB aad left my. own in. ,
the ears: I did not notice ihe ralstaWuntil the ears had
been gone two hours. I would be glad to get mine and
the owner tan procure his whiea I have with me.
Hy address, ii Ick-aa, ZUAaond eouncy
; . j.- ir. asket
v