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THE
lottji-fatolino
WILLIAM W. HOLDEN,
DITOR AKD PROPRIETOR.
vpiiMS OP TIIE STANDARD. r
TERMS OP THE WEEKLY. Four dollars for six
months, hi advance. '
TERMS OF THE 8EJH-WEKKLY.-Six dollars for
lis Booths, in advance.
Terms of Advertising.
Advertisements inserted for $8 per square of 14 line or
leu for first insertion, and $1 per square for each subs,
quent insertion. Persons desiring to contract for six
months, wilt be charged the abore rates with a deduction
of 25 per cent, on the whole amount.
The Standard is conducted strictly on the cash prineipl-,
AH papers are uiscontinued when the time paid for expire".
AH remittances of money at the risk of those sendinK.
RALEIGH: FRIDAJT, FEB. 12. 1804.
Congress. We have no information as to the
passage of bills in relation to the currency, exemp
tions, or the principals of substitutes, or the sus
pension of habeas eorpus. These measures are no
doubt under discussion in secret session, and the
result must soon be known, as the term of the
present Congress will expire on Wednesday next
The new Congress will assemble on the first
Monday in May.
Mektwo in Greenville. We are requested-to
state that a meeting of the citizens of Pitt County
will be held in Greenville, on Saturday the 13th
instant
A fire occurred in Wilmington on the night of
the 9th instant, and one thousand and twenty-five
bales of cotton were consumed. Loss seven hun
dred thousand dollars.
The steamer Spunkie was ashore below Wilming
ton, under the guns of Fort CaswelL The cargo
will be principally saved, but the vessel lost
We are requested by Mr. S. 0. Dearer, County
Agent for Madison, to state that he has succeeded
in his late visit to Raleigh in procuring flour and
cotton cards for the families of soldiers and others
in Madison, and that they will be delivered as soon
as practicable.
It will be seen m our paper to-day, that Hon.
Nathaniel Boyden is nominated by his friends as a
candidate in Rowan and Davie, to fill the seat in the
Senate made vacant by the resignation of Dr. Ram
say. The people of these two Counties could have
no more faithful or efficient representative in the
Senate than Mr. Boyden. He is a fast friend to lib
erty and the people.
The Fayetteville Observer refuses to publish Mr.
Reade's remarks in vindication of this State, deliv
ered in the Senate on the 30th January. It pub
lishes the resolutions offered by Mr. Reade, but does
not even state the fact that he accompanied them
with remarks. Another evidence that the Observer
has gone over bag and baggage to the Destructives.
29th N. C. Troops. A member of this regiment
writes us as follows from Meridian, Mississippi :
"Our men like your paper, and I expect to send
you a larger list when they are paid off Our men
have for the most part re-enlisted, and are deter
mined to fight until peace can be obtained on hon
orable terms." -
We learn that the wheat, which was somewhat
injured by the cold weather some weeks since, is
now suffering for tho want of rain. The open
weather which we have had for a week or two past,
has enabled the farmers to break Sp their land for
Corn in good time. We trust that the fear of. tithes
and impressments will not dishearten the farmers,
but that they will cultivate as much land as practi
cable, and raise all they can. Tbe wheat crop, if
it should turn out well, may suffice until corn-gathering
time, but it will be our main dependence from
June until October. Every ear of corn that can be
produced will be needed. As for meat, that will be
a luxury, as sugar and cofiee formerly were, by the
first of August
Outrages by the Military.
We continue to receive letters from citizens and
the wives of soldiers, complaining in the roost earn
est terms of depredations committed by roving bands
of soldiers in the Western part of this State. We
publish to-day a communication over the signature
of Yadkin, from one of the most reliable citizens of
Caldwell County, describing the depredations and
injuries inflicted by Gen. Hodges' cavalry brigade
in that section. We learn that a portion of that
brigade also visited Wilkes County, and scourged
the people terribly, especially in the Trap Hill neigh
borhood. Similar outrages have occurred in nearly
all the Western Counties. The people of that re
gion, comparatively unarmed and defenceless, are
at the mercy of those roving bands, for the most
part from other States. The cavalry horses of
Hodges' brigade are said to be very poor bo poor
as to be absolutely unfit for service, and but few of
them, if well fed, would be of any use in making
a crop. Such brigades ought to be dismounted, the
horses sold, and the men placed in the ranks as in
fantry. At present, they are doing infinitely more
barm than good.
The Confederate thinks that the resolution of
thanks in the Senate to our troops for re-enlisting,
" came very inappropriately from Mr. Reade." The
very reverse is the fact Three fourths of the rank
and file of our troops are Conservatives. They are
fighting the battles, while many of the fire eater
who labored to bring on the war, are in snug places
, at home, growing rich out of the war. It was pe
culiarly appropriate that Mr. Reade, an old Union
man but now true Confederate, should offer words
of encouragement and commendation to the sons
' and brothers of his constituents who have staked
very thing on the war, and who only ask, while
, those sons and brothers continue to fight, that suit
able steps should be taken to open negotiations.
Mr. Reade, of all others, was the very man to offer
the resolutions referred to.
One of the effects of the suspension of habeas y r-
pvs would most probably be the temporary extioc
? tion of the Conservative press. An Editor with a
proper conception of his' responsibilities and duties
I in a country like this, will not speak at all unless
permitted to speak freely and boldly. But the sus-.-
pension will afford a harvest and a season of re
, joicing to the supple and unscrupulous tools of ar
bitrary power. They will exult while the people
'will mourn.
. The labored attack of the Confederate on Mr.
Senator Reade will glance innocuous from ihe se
. cure'y mailed reputation of that gentleman. Mr.
Reade has spoken for his State among his peers in
tha Senate, as no other member from North-Carolina
h has spoken since the government was founded
. He has uttered tbe voice of his State, and we have
t reason to believe that that voice will be respected
by those in high places much more than at any for
mer period. "Aword fitly spoken is likeapplesof
goldin pictures of silver." WPw.
Vol. XXX. No. 7.
Hoarding Production.
Hoarding is to be expected in all revolutions.
Grain, and meat, and the precious metals are alvrays
put away and sparingly used in times of scarcity
and danger. This country was never so poor as it
is now in meat and breadstufls, but still we believe
that there is more of these articles on hand than is
supposed. Too many of our people arc disinclined
to sellfor Confederate money. They say they have
as much of this money already as they want, arid
the time has gone by when they could invest itf in
lands and perfectly safe stocks, and hence they are
unwilling to receive it for articles of prime neces
sity; but just try gold, or Banknotes, or even State
treasury notes, and see if the person who had nothing
to spare when you spoke of paying in Confedeute
currency, does not admit, after all, that he cau spare
you tome corn and a little bacon. Now, it is use
less to get in a passion and abuse the hoarder or
ijthabflkW of the articles for-not being willing to
exchange them for current funds ; for in the first
place, he acta in accordance with the ordinary
promptings of human selfishness, and.in the second
place, abuse will only irritate him and make him
hold the tighter to his corn and meat Not merely
tbe price of labor, but labor itself is so uncertain,
and tbe means relied on for agricultural production
are so scarce and dear, that it is not a matter for
great surprise to see the farmers holding on to their
produce with so tight a grasp ; and when to this
we add the fact that the tithing law and tho im
pressment law have to be satisfied the latter as
often, frequently, as the government officer ma;
think proper to resorts we are inclined to con
clude, while deprec1 the disposition to hoard
any thing which t!Teople"generally ought to have
the benefit of, at fr prices - iti: "irrent funds, thai :
those who eoflye5hn and V.i?ito fe farmers for such
conduct would pursue the same course themselves ,
if theyf were in their places. Tbe buyer complains
of prices as they continue to get higher, while the
seller affirms, as an excuse for the advance in price,
that Confederate money is rapidly going down in
value.
But the quantity produced docs not depend alto
gether on the means cproducinrj. In order tc
stimulate production kfyje wnhi aoJC-'.utely re
quired by those nijately.. ige l in it, there
must be, first, a marL. for a -surplus, an-1 seem 1
Iy, an assurance that we producer will be permit- -ted
to sell the surplus.' We have a home market,
it is true, but the seller is embarrassed by the
character of the currency he is expected to receive ;
and then he has no assurance, as long as the im
pressment laws exist, and as long as roving bands
of cavalry and other troops are suffered in certain
localities to seize and destroy the grain, and forage,
ind cattle, and hogs, that he will be permitted to
retain and sell his surplus to the best aJvautaje.
These things, we fear, will operate to restrict pro
duction during the present year. Producers will
be disposed to make only enough for themselves.
It is a sad reflection that the condition of the coun
try and the laws of the country are such as not to
incline its citizens to exert themselves industrious
ly to add to the means of living.
Nothing would gratify us more than to sec a
feeling of confidence among our peonr "-pould
lead them to receive the currencyV lly for
what they can spare from their owirTSflnnes, ami
to see a liberal distribution of the means of living,
by sale or exchange, instead of the system of
hoarding that now prevails. Such a feVung would
not only encourage our brave troops in the field,
but it would produce greater unity &nd harmony
at home, and lay the foundations of renewed hope
for the final triumph of the Southern cause.
A writer in the Henderson Timet, over the signa
ture of Junius, charges that the Editor of this paper
has gotten up the Convention movement in this
State with the view to defeat the re-election of Gov.
Vance. The charge is utterly without foundation.
Junius has no-proof of it, but proceed merely on
suspicion. Does any sane person think it possajo
that one feeble individual in Raleigh could start and
sustain a movement which would control the State
and decide its elections ? What nonsense 1 No,
Mr. Junius, the movement is the peoples, and we
are simply one of their organs. That is all. But
how is it possible to defeat Gov. Vance, if he will
do as Juniue says he will, "bow deferentially" to
the will of the people ? The people mike Gover
nors and Congressmen, and the people unmake
them. Public men stand or fall to the people ; and
each one must judge for himself as to what the peo
ple wish and what they do net wish.
Junius charges that we arc in favor of repealing
the Ordinance by which North-Carolina withdrew
front the Union, and that we are in favor of a Con
vention for that purpose. Junius read j the Sta:id
ard, and he knows there is no foundation for this
charge.' It exists only in his excitable and very
uncertain itrflfttion.
Junius also says that we started the petitions
now in circulation in the Western part of the State,
and which are being signed by thousands, urging
the Governor to convene the Lsgislatnrp. At fault
again. This plan of embodying public opinion
originated with the people, and not with us. We
thiok it a good plan better, perhaps, thap public
meetings but we are not entitled to the credit of
it But Junius shows his respect for the people by
assuming tha many of them will sign these peti
tions without knowing what they mean. Junius
talks like, an oligarch, but he is, after all, only one
of the instruments of the oligarchs.
We think we know who Junius is. We advise
him to " keep his breath to cool his porridge." He
is one Of the most unreliable politicians in the moun
tain country. He seeks to add to his consequence,
and to injure us, by attaching himself to Gov. Vance.
In this be will faiL We advisft him to subside un
til a more suitable occasion presents itself for the
exhibition of hjs talents.
Imfoktaht DtcisioN Exr-ECTEO. We learn that
an important case ia now pending before Judge
Pearson, upn a writ of habeas corpus contesting
the otmstitottonalitgof the act of Congress demand
ing service of principals who have furnished substi
tutes, .We arinfbrmed that this case will be ar
gued in the Courthouse at Salisbury on Friday tbe
19th of this month, by able Counsel on both sides,
and as the other associate Justices o( the Supreme
Conrt are invited and expected to attend, we may
confidently axpeot able and elaborate arguments, to
be. followed with : a final decision, now highest
known to the law, from a full Bench; which we
trust may be cheerfully submitted to and acquies
ced in, by all upon this at prescut much vexed ques
tion. Greene. Patriot,
RALEIGH, N. C, WEDNES
II a be as Corpus Arbitrary Power We copy
the following strong article from the Richmond Ex
aniiier of Taesday last: '
" Arrest on mert suspicion has always been re
garded as the most odious exertion of arbitrary
power. The practice has produced more revolution
than it has ever repressed The British race have
regarded it with more bitter and implacable abhor
rence than any other branch of tbe human family.
For two centuries half of English history is occu
pied with the cardinal theme of habeas corpus. . On
this matter hinged the most bloody and destructive
civil war that ever cursed the land from which this
people sprang. Arbitrary imprisonment may quiet
the submissive populations cf continental Europe,
and effectually serve tho despotic purposes of a
Kotuancff or Buonaparte; but among the country
men of Hampden and their descendants they, have
been fruitful only of bloody outbreak and implaca
ble civil dissension. They are in conflict with our
traditions and education. Thev are offensive to all
our historic ideas, and repulsive to h!$snst priSaJ-
we cuorisa in our lusuiuuons aim uwwui. xuo
minds of our people are Inflamed on the topic of
personal liberty inflamed by keveral centuries of
animated history ; and the suspension of habeas cor
pus would excite tbe very disordor it is intended to
prevent
We are compelled by an irresistible conviction of
duty to protest against a suspension of this writ
The ends designed to be attained by such a meas
ure can be reached by other means. It is said to be
aimed rt secret treason in special localities. Let
the laws agr.inst treason be amended to embrace the
new and concealed phases of the crime ; and let a
change of venae be allowed at the discretion of gov
ernment The measure is said to be necessary for
the suppression of straggling; Let stragglers be
tried summarily before an impromptu court, com
posed of any three commissioned officers nearest the
place of apprehension, and condemned and shot on
the instant of conviction. Some measure of this
sort would put an end to real straggling, which is
the evil complained of.
The mere fact of reposing arbitrary power, against
which our people have a traditional repugnance, in
the hands of the Executive, would do ten-fold more
harm than it would cure. And in this case we
have the additional apprehension that the power
would not be used to public advantage, but abused
to purposes of personal malignancy. It is a mourn
ful fact, placed beyond doubt by conspicuous evi
dence, that tho Executive is capable of employing
tbe great powers of Government for the unworthy
gratification of animosity. There is not one man
in every hundred citizens of the Confederacy who
does not entertain this opinion. The measure itself
is repugnant to the minds and feelings of the people,
and this repugnance is strengthened by a general
apprehension that the power of arbitrary arrest
would not be employed for the public good, but
abused to private injury. Bold, insolent, dangerous
Unionists would remain unmolested, and zealous
secessionists, intent for the good of the cause upon
holding government to its duties, would be tbe
victims of official passion:
Even if this grant of arbitrary power were ever
so wise in itself, under all the circumstances of the
hour, and even if our people had not been educated
in an inveterate repugnance to these despotic ar
rests; still, what good would come of the grant?
Some of the wisest legislation of our statute books
is a dead letter from the refusal or incapacity of the
Executive to pot it in force ; and how often has it
been the case that the best legislation has been
perverted to the worst purposes purposes wholly
aside from tho intentions of Congress t Who will
undertake to guaranty that this powar of arhifrary
imprisonment will be exercised for the purposes
contemplated by Congress in granting it ?
We trust the Examiner has done the President un
intentional injustice in saying that he has employed,
or would employ his power to gratify his personal
malignancy. Surely, surely Mr. Davis would not
do that If we believed so we should despair of the
Republic
letter from prance.
A gentleman of this City, says the Confederate,
has favored us with the following extract of a letter
from a gentleman in Paris, whose opportunities for
information are believed to be of such a character
as that his statements may be relied on implicitly :
Paris, November 27, 1863.
''Nothing is to be ex pee ted from
Europe. ' Neither France nor England will recognize
the Confederate States until the Yankees themselves
have partially given up the contest On this point
there ought to be delusion in the Sooth. England
is endeavoring to build up her own cotton culture,
iu consequence of the war, and Lord Palmerston's
ministry cannot afford to lose the support of the
Radicals. " These two motives will hold England in
hr one sided neutrality if the war should last ten
years, and that too notwithstanding the sympathies
cf the nation at largq are warmly enlisted on our
side. As for France, the Emperor has practically
made an ngroement with Lincoln, that il he (Lin
coin) will say nothing about Mexico, Napoleon will
not interfere with hi war upon the South. This is
the "quid pro quo," while Napoleon feels himself
too dangerously situated with reference to the threat
ening complications of European politics to risk in
curring, at the present moment, the least anxiety
over the water.
I have no doubt that the Emperor thinks he made
a mistake at the beginning, in making bis policy
towards the Confederate States depend upon that
of England, and in acknowledging the efficiency of
the blockade; but having taken that position, he is
unable, under present circumstances, to retire Irom
it It would be too, an unpopular change ot pro
gramme, for the French, unlike the English, either
take no interest in the war, or if they do, are de
mented on the subject of slavery. ; The cry
elatagis'.e!" will frighten any public man or news
paper from Advocacy of the cause. It is only the
government organs that speak favorably or even
impartiailvlof the South. This ought to be under
stood, for it is important. Tbe South must right this
war out entirely alone, without even moral support
in most quarters; and with God's help she will no
bly accomplish the task. Apart from the unwill
ingness of European governments to make any
move towards recognition, (and this i all that is
. asked of them,) they are too much occupied with
j the affairs of Europe.
I The Polish question and the Schleswig Holstein
; are both unsettled, and both pregnant with mis-
chief. Either may bring-on a general war on the
; Rhine, the Elbe or the Vistula, while Italy would
avail herself of the first disturbance to strike for
! Venice and Rmne. The proposed Congress can
pettle nothing, it can only postpone the evil day.
You must understand and observe the state of Eu
rope, to explain the persistent inaction of France
' with reference to the Confederate States."
" Death or Hok. James B. Clay. A telegram
from Montreal announces the death of Hon James
B. Clay, ex-minister to Portugal and ex member of
Congress from the Ashland district, Kentucky.
Mr. Clay was the son of Hon. Henry Clay, was
born in 1827, and inherited his father's estate, on
which he lived, with his mother, until the breaking
. out of the war. Mr. , Clay took the Southern side
very warmly, and was arrested by tbe Lincoln au
thorities. He subsequently effected his exit from
the country, and lived in exile in Canada until his
death.
The 28th N. O. regiment has re-enlisted for the
war. The 28th was the first volunteer regiment
. that re organized for three: years or the war, and is
now the the first regiment in the brigade to which
it belongs to re enlist for the war. It is the largest
regiment in the army of Northern Virginia, and has
been in all the skirmishes and battles.
DAT, FEBRUARY 17, 1864.
V'-
7v Address of the President to the Army.
The following is tbe address of the President to
the army:
Soldiers of the Armies of the Confederate States:
- In the long and bloody war in which your coun
try is engaged, you have achieved many noble tri
umphs. You have won glorious victories over vast
ly more numerous hosts. You have cheerfully
borne privations and toil to which you were unused.
You have readily submitted to restraints upon yqur
individual will, that the citizen might better per
form his duty to the State as a soldier. To all these
you hare lately added another triumph, the noblest
of human conquests a victory over yourselves. !
As the time drew near when you who first enter
ed tha service micht well hava been exhected to
iSfe10 e"ef from your arduous labors sod restora-
uuu to me enuearments or nome, you have heeded
onlythe call of your suffering countrv. A sain vou
some to tender your service for the public defence
fT( loitering wnicn only such patriotism as
JSPufsvpuldmake triumph worthy of you aod
"mhcius to which "you are devoted. . - ' '
I would in vain attempt adequately to express the
emotions with which I received the testimonials of
confidence and regard which you have recently ad
dressed to rae. To some of those first received,
separate acknowledgments were returned. But it
is now apparent that a like generous enthusiasm
pervades the whole army, and that the only excep
tion to such magnanimous tender will be of those
who, having origioally entered for the war, cannot
display anew their seal in the public service. It is,
therefore, deemed appropriate, and it is hoped, will
bo equally acceptable, to make a general acknowl
edgment, instead of successive special responses.
Would that it were possible to render my thanks to
you in person, and in the name of oar common
country, as well as in my own, while pressing the
hand of each war-worn veteran, to recognize his
title to our love, gratitude, and admiration.
Soldiers 1 By your will (for you and the people
are but one,) 1 nave been placed in a position which
debars me from sharing your dangers, your suffer
ings, and your privations in the field. With prido
and affection my heart has accompanied you in every
march ; with solicitude it has sought to minister to
your every want ; with exultation it has marked
your every heroic achievement Yet, never in the
toilsome march, nor in the weary watch, nor in the
desperate assault have you rendered a service so
decisive in results as in this last display of thehigh
est qualities of devotion and self sacrifice which can
adorn the character of the warrior-patriot
Already the pulse of the whole people beats in
unison with yours. Already they compare your
spontaneous and unanimous olfor of your lives, for
the defence of your country, with the halting and
reluctant service of the mercenaries who are pur
chased by the enemy at the price of higher boun
ties than have hitherto been known in war. Ani
mated by this contrast, they exhibit cheerful con
fidence and more resolute bearing. Even the mur
murs of the weak and timid, who shrink from the
trials which make stronger and firmer your noble
natures, are shamed into silence by the spectacle
which you present Your brave battle-cry will
ring loud and clear through the land of the enemy,
as well as our own ; will silence the vainglorious
boastings of their corrupt partisans and their pen
sioned press ; and will do justice to the calumny
by which tbey seek to persuade a deluded people
that you are ready to purchase dishonorable safety
by degrading" submission.
Solitiers I The coming spring campaign will open
under auspices well calculated to sustain your hopes.
' Your resolution needed nothing to fortify it With
wuko icjjiciJiMicu uiidci am influence or your ex
ample, and by the aid of your representatives, who
give earnest of their purpose to add, by legislation,
largely to your strength, you may welcome the in
vader with a confidence justifiad by the memory of
past victories. On the other hand, debt, taxation,
repetition of heavy drafts, dissension, occasioned by
the strife for power, by tbe pursuit of the spoils of
office, by the thirst for the plunder of the public
treasury ; and above all, the consciousness of a bad
cause, must tell with fearful force upon the over
strained energies of the enemy. His campaign in
1864, must lrom the exhaustion of- his resources
both in men and money, be far less formidable than
these of the last two years, when unimpaired means
were used with boundless prodigality, and with re
sults which are suggested by the mention of the
glorious names of Stiiloh and i'errysville, and Mur-
. freesboro' and Chickamauga, and the Chickahominy,
.and Manassas, and Fredericksburg, and ChanceUors-
villa. .
Soldiers I Assured success awaits us in our holy
struggle for liberty and independence, and lor the
preservation of all that renders life desirable to hon
orable men. When that success shall be reached,
to you. your country's hope and pride, under Divine
Providence, will it be due. The fruits of that suc
cess will not be reaped by you alone ; oui your
children, and your children's children in long gen
erations to come, will enjoy blessings derived from
you that will preserve your memory ever living in
their hearts.
Citizens defenders of the homes, the liberties, and
the altars of the Confederacy 1 That the God whom
we all humbly worship may shield you with his
Fathorlv care, and preserve you for safe return to
the peaceful enjoyment of your friends and the as- -sociation
of those you most love, is the earnest
prayer of your Couimander-m Chief.
r ' JEFFERSON DAVIS.
Richmond, Feb. 9th, 1861
Escape of Prisoners. One hundred and nine
officers, including CoL Straight escaped from tho
Libby prison, in Richmond, on the night of the 9th,
through a tunnel sixty feet long, opening intoa
vacant lot on the opposite side of the street No
blame is attached to the, sentinels. Only one ofli.
cer was recaptured. -
North Carolina Soldiers is thk Army or
Northern Virginia. A correspondent of the BiblU
cal Recorder of this City, Bays :
- An examination of the statistics of the two ar
my corps of Lieut Gens. A. P. Hill and R. S Ewe 1
disclose the following facts so creditable to the Sta'e
of North Carolina, that I forward them to you for
publication.
Nine States are represented in these two corps,
by infantry regiments : Virginia, North Carolina,
South Caroht-a, Georgia, Alabama, Mississippi, Lou
isiana, Tennessee and Florida, yet very near one
third of the w;hole are from North Carolina.
North Carolina has in these two corps eleven reg
iments of infantry more than Virginia, eight tines
a vutny as South Carolina lacking one; three more
than, twice as many as Georgia; thirteen times aa
many as Florida; three and a htlftimt as manj as
Alabama ; Hoe and four seventh timet as many as
Mississippi; fouravd me third timts as many as
Louisiana ; and thiart ten timet as many as Tennessw.
Sorely our soldiers have just cause of complaint
when their State is ignored in the newspaper ac
counts ot great batllt w ; and, with these facts Ixfore
us, it is not difficult ' see why so many wounded
North Carolinians ai e found in the Richmond hos
pitals after every im, wrtant engagement"
The only cheap art icle going, says the Petersburg
RogUier, is advice. There is any quantity of it in
the market, hut only a alack demand. -
Usss or tr Eldf Busn. The coram'oh elder
bush of our country i s a grate safeguard against the
devastations of insec ts. If any on a will notice, it
will be found that rrt jects never touch, elder ! The
leaves of elder s3Stt ired over cabbages, cucumbers,
squashes and otl ler pdams subject ,o the ravages of
insects, effectually shield them.. The plum, and
other fruits, sul ject to the ravng is of insect, may be
saved by placin g on the branch 5t aud through tbe
tree. Dun cues ' of etaer leaves.
Whole Number 1510.
For the Standard.
Ia the Matter of Bradshaw.
In March, 1863, the petitioner, being elected a
constable, was duly qualified and entered upon the
discharge oi tbe duties of his office. In April, 1863,
he was gent to the camp of instruction as a con
script on the 6th of May, 1863, he was sent to the
army where he served about six weeks. On join
ing the array, be received bounty, but has never re
ceived any pay; he came home on lurlough until
his case could be decided. A correspondence was
had between" Gov., Vance and the Confederate au
thorities, which need not be set forth. On the 16th
January, 186i, he sued out a writ of ha bea coipus.
"May 1, 1863, Congress enacted, "In addition to
the State officers exempted by tho act 1st October,
18C2, there shall be exempted alt State officers
whom the Governor of any State may claim u have
exempted for the due administration of the overn
ment and the laws thereof," &c , j
May 9, 1863, Gov. Vance claimed to have exempt
ed ''all justices of the peace," Ac, " constables who
entered into bond previous to the 11th May, 1863
and their successors in office," 4c -
December 1-1, 1863, the Legislature adopted and
made permanent the claim which had been made by
Gov. Vance.
1. The receipt of bounty by the petitioner was a
waiver to any claim to exemption under the set Oc
tober 11, 1862; but, of course, it could not have
the legal effect of being a waiver of any exemption
to which he might afterwards become entitled. Its
effect is to put him in the condition of a soldier, hav
ing at that time no right to exemption.
2. The next question is, did his being placed in
the military service as a conscript vacate his office
of constable t or did he continue to hold that office
while he was in the condition of a soldier? Ab
sence from the country or non uner does not per fe
deprive one of a public office ; it may because of for
fcituie, but the office continue. until there be prop
er legal proceedings to put him out of it This is
well settled ; 2 BL Com. 153.
. 5V The question then is narrowed to this : Does
the act of Congress, and the claim that Gov. Vance
made in pursuance thereof, and the act of the Leg
islature, embrace the case of a constable who was,
at the dale of the claim oi the Governor, in the mili
tary service of the Confederate States; or is the ex
emption confined to constables who were not in
military service ? The words of the act of Congress
are general : " There shall be exempted all State
officers whom the Governor of any State may claim."
&c Tho words of the Governor's claim and of the
act of the Legislature are also general " All justices
of the peace, ia, constables who gave bonds pre
vious to tbe 11th May, 1863," ic
I can see no ground to except, from the opera
tion of these general words. State officers who were
in the military service. If such was the in'cntion,
a proviso to that effect would have been made ;
ard there is no rule of law under which it can be
madq by construction. I am, therefore, of opinion
that the petitioner is exempted
It was suggested in the argument that the ex
ception should le made by implication from the
use of the words "shall be exempted ;" and it was
said that the word " exempted " is restricted in its
meaning to persons who are not in the military
service, and "discharged" is the proper word,
when referring to persons who are in tbe military
service. This distinction may obtain in military
circles, but tbe word " to exempt " is not a tech
nical term ; it is a plain English word, and means
literally " to take out of or from," and its ordinary
signification is " to free from, not be subject to "
any service or burthen to which others are made
HaUle ; as to exempt from military service, to ex
empt from taxation ; and it is a stttleu rule-of con
Ktruciic".:, words in a statute are to be construed
according to their ordinary i'i-i..g, unless Uor;
is something to show they arc used in a different
sense. The Courts cannot expect Congress to take
notice of the military parlance, and require, in or
der to express tho intention that all the Stale oifi
cers whom the Governor may claim as necessary.
&c, shall be free from military service, that thi
particular modo of expression (.hall be adopted, tc
wit : ' All State fiicers not in the military service
shall be exempted, and all who are in the military
service shall be discharged, vh m the Governor
may claim as necessary," ic TlU: meaning as ex
pressed by tbe act of Congress to exempt all State j'
officers, is clear; and tbe words used to express ,
the intention are appropriate according to their
well known signification. j
It was further suggested that, from the nature of I-
the subject, the act should be so construed as not to
embrace State officers who are in the military ser
vice; and it is assumed that Congress did not in
tend to take any one out of the army. There is
the same reason to assume that Congress did not
intend to keep any one out of the army ! It may
be said on the other side the power or Congress to
conscript was seriously questiono-f, and especially
its power to conscript State officers who were neces
sary for the due administration of the government
and tbe laws tbcreot, and this extended exemption
wa3 a concession designed to avoid all conutct with h
the Stales, and the use oi the peculiar words "whom"
the Governor of any State may claim to have ex
amnt.fl" countenances this idea. But these are
conjectures on political questions into which the 1
Courts are not at noerty to enter.
The caes of Irwin, Marony and Bryan, in which
it is held tbat tbe conscription acts do not embrace
nersons already in service, and the cases of Guycr
and others, in which it is said that the exemption
act of the 11th or October, 1B83, aia not emorace
mechanics between 18 and 85 who were already in
service, may seem at first blush to oppose the con
clusion to which I have arrived ; but upon examin
ation, these cases will be found negatively to sup
port it The general words of the conscription acts
embrace all white males between 18 and 35 and be
tween 35 and 45, and it is only by a reference to
the nature of the subject and the context that per
sons already in service were excluded. The nature
of the subject; for there was no occasion to con
script persons in service for thne years or the war,
they were soldiers already. The context; for the
provision as to camps of instruction, calling the
men into service at different times, &e , were not
applicable to persons already in service.
So the general words of the exemption act of 11th
rv-.i.. iR.). Aml.raeed all shoemakers, blaek-
smiths, &c, and it is only irom tbe context that
snoeniauers, uiatNuin.un, wv., j
were excluded. They were required to be "actually
employed in their respective trades at the time,
which in reference to those between 18 and 85, was
held to be at the passage of the act der to fat
it to the conscription act of April, 1SC2; and in
referenco to those between 35 and 45 or who after
waids come to the age of 18, "at the time is.
taken to mean when called into ervice ; and this
actual emplovment in their laspertive trades could
have no application to men who were in the milita-
rv service ana so couiu uuw u "j r j
their trades. , .
v... .iu w have seen there M nothing m
.the subject matter which the courts can judicially
the general words, so as to exciuue oiaio
no .hn m.v be in the militart service, suppo
sing the position to be correct of which there can
be m doubt that being in the military service dees
not per se deprive one of his office.
m d onnMnaion is also sunrtorted by the decision
of Judge Haliburton of the District Court of the
rvinferierate States, in ine matter of Lane, where u
is held that a soldier, who becomes a snail contrac-
. : kr tk fX nf tfnnrress of 17th Api it
ie a ....nit frnm militarv Bervice. And
by the uecision of Judge Meredith, in the matter of
Brooking, (which I noticed, briefly referred to in a
w it ia held that a soldier, who.
lun-; crvii wm elected a Justice of the
w it a i a iia vuw w- s . j
ri j .,i..t A.i.rifil as such, is exempted.
KUHlfi HI I tH ITJILUtWV I MW"i - .
iu. thtraunon considered by ue that Joaepa
f -.
;';Bra$aw f&hwjtb diwrnarged, witWUi&av, n
wherever he will ; the costs to be taxed by the cle.it
of the Superior Court of Alamance county will be .
paid by W. A. Albright The clerk will ills the
- papers and give copies. .-Ha
R, it PEARSON, CJ.Suprema Court
At Richmond Hill, Feb. , 1864. -
. ' ..
, ' . For th Standard.
Ma. Holdem r As one of the incidents of the
flay and the times, permit uie-to infoim the govern
roent through your columns, if it will lie informed,
or the whereabouts and doings of one of ita.cavalry
brigades. Congress appears to be greatly 'Concern
ed to raise an army or I should rather say to in
crease our already large force, and believing the
brigade to which I allude may, in the opinion of the
President and the Secretary of War, be lost or mis
laid, I hereby give notice to all whom it may con
Cerivtbat Gen. Hodges' brigade of Kentucky cav
alry Las been found. The other day our quiet val
ley of the Yadkin, in Caldwell county, was startled
by the martial sound of the bugle and heavy tramp
of war horses, accompanied by artillery aad all tbe
appendages of "grim visaged war." I learn that
Gen. Hodge has been marching some , thirty or
forty days through Georgia, South Carolina, and
North-Carolina, in order to reach some point whers
the enemy may be found, and that it is probable he
will reach his destination some tisi during the
P'eent year.
Your correspondent had (he honor of an intrn
duction to General Hodge and staff. The General
appears to be a very proper, nice gerlen.cii, and
his staff likewise; of their achievements the writer
is not prepared to speak, never having seen or heard
or either of the gentlemen as warriors bifore, but if
I were allowed to judge of the General's predomi
nant trait, I would say he is fjlly impressed with
bin own greatness and power; and of his command
1 would say of them as Fallstaff said of his motly
crew, " many of them are proper food for powder,"
while others appear all that soldiers should be, and
his command, taken as a whole, are certainly fine
looking men. There is another class of me.i con- "
nected with Gen. Hodge's command that might
-esteem it invidious in tbe writer, were they not no
ticed in this communication, therefore I take great ,
pleasure in commending them to Secretary llem
minger, for their financial ability in the pecuniary
affairs of the Confederacy, and hope that Mr. Mem
litgerwill not overlook the claim of Quartermaster
Hall, and bis subordinate, to promotion for their
ability and tact in aid to the Treasury department;
and as these gentlemen may feel a delicacy in speak
ing for themselves, I deem it not improper to speak
for them, and trust my motives will be duly appre
ciated in their behalf.
If 1 am not mistaken, Mr. Editor, the Congress of
the Confederate States enacted a law appointing a
Commissioner of Appraisement for North Carolina,'
and the prices fixed by them for all articles needed
for tbe government should be paid by its agents
when taken fronthe citizens for the use of the army.
Tbe Commissioners appointed for the pnrpose
have performed their duty and published a schedule
of prices. Corn is put at five dollars per bushel
Sull, Mr. Quartermaster Hall, and his subordi
nates, with the schedule before their eyes, refuse
to pay the citizen what the government agents say
they shall receive for their produce. Gen. Hodge's
brigade encamped one night in the writer's neigh
borhood, and it is within his knowledge that Quar
termaster Hall and his agents paid one man three
dollars and sixty cents, another man two dollars
and fifty cents, and a third man they allowed only
two dollars per bushel for corn. I believe they al
lowed the schedule price for fodder. When asked
the reason for not paying the schedule price for
corn, which is five dollars per bushel, they said,
when they went to settle With the War Depart
ment they were only allowed a certain sum, and
all excess they paid over would be charged against
. thorn ; that the Lepartmcnt would not allow them
five dollars per bushel. If that were true, of course
no one would desire these gentlemen to sustain any
individual loss ; but I ask them, and I aide you,
Mr. Editor, if it is true ? I believe it ia not true
! if I am mistaken, I am sorry to do them the
slightest injustice. . .
Why do these Quartermasters and their agents
request men of whom they buy forage and food, to
sign blank receipts as to quantity and price, if it is
not to afford tbem a margin to speculate on the
government ? And is it not probable Mr. Quar
termaster Hall will charge the schedule price for
corn, and pocket the nett gain himself f But, Mr.
Editor, let us, suppose them to be honest and fair
with the government it brings me back to the
original point made in this article, to wit: that Mr.
Quartermaster Hall ought to be promoted for his
aoility in relieving the Treasury of Mr. Secretary
Meminger, and I prove his claim thus : Owing to .
the scarcity of grain in many portions of this State,
the lithe or tax in kind has been remitted, and
money taken in its stead. Suc'.i is the case in this
district The Confederate tax collector charges the
people five dollars per bushel for corn, and the man
is glad to be allowed to pay his tenth in money,
and keep his grain. Then comes along some brig
ade of the army they have to be fed. Mr. Quar
termaster seizes your corn, though it may be needed
to keep the poor from want and hunger ; and in
stead of paying you the government price, as all
have a right to demand, be tells you, no the War
Department authorises him to pay you only two
dollars and fifty cents per bushel. See what a nice
operation it is for the government; you pay ihe
government five dollars), and the government pfcys
you two dollars and fifty cents a clear profit7 to
the government of one hundred percent; hut
alas! 1 fear Mr. Secretary Memminger never realizes
the profit. Mr. Quartermaster holds the trump
cards in his own bands, and plays them welL
Then, bow nice and fair it works amongst neign-
boM a)d communities ; Mr. A lives on tbe publio
road and has barely corn sufficient to sustain his
familv. it is seized by army officers, and he receives.
say two dollars and fifty cents per bushel. Mr. B
lives a mile or so off the road on an adjoining farm,
he has corn to sell, which he is selling to soldierb
families at from eight to ten dollars a bushel. Mr.
A is forced to pay first to the government the differ
ence between two dollars and fifty cents, and five
dollars then be has to pay Mr. B, say ten dollars a
hnsheL Mr. A loses in tbe operation .just seven
dollars aod fifty cento , on the bushel for. bread to
sustain his family, while- Mr. B makes five- dollars
clear profit out of government, corn, which he baa
oeen anoweu to retain. . .
Mr. Editor, it is an old saying, that oeauiy ia
as beauty does;" no wonder so many people that
have done all in tneir power w sustain ,6uw
mentin whose army they bare sons, brothers and
friends, are ready to exclaim, is this my country
this the justicoand humanity we are to expect from
our rulers or is it not more propeuy wo w
tho winning ways of a reckless party to lure the
people on to hae less confidence in our laws, our
Km-ernroent ana ourruiersr
Caldwell uo., eo. a, too ", ,
For the Standard
fi, nn ViTHAHiEL BoYDKS will be voted for
by the Conservatives of Rowan and Davie, on the
ISth of February, to fill the unexpired term of ur.
G. Ramsay, resigned, in ""ffiffifa
i t from General le' we "
Fht
-t.
The tollowine dispatch was received at tbe War
Department last night:
GrneralS Coyer, Adjutant General:
The forces of the enemy which crossed at Mor
ton's Ford on Saturday, were driven to the river
under cover of their guns. That evening or during
the night, they re crossed to the north bank, but
remained in position yesterday. Th.S morning they
have disappeared. They left seventeen. , dsed and
forty six prisoners in our hands.
Our loss was four killed and twenty wounded.
The guard at the ford, a lieutenant and twenty five
men, while bravely resisting tbe passage of the ene-
Thmyalry, which appaareia'tBarnett'.
on Saturday, retired acres-RRob.nsor , nmj .San
day evening. R. E. LE., uenwai.
The movement of the enemy appears to have
been no mora important than a feuu or 'euonnots
sance. Recent Northern paper, ent ao hat
Meade is still in Philadelphia ; and it is .Itogrtjer
improbable that the enemy's force in
ginia contemplate any serious advance mth e ab
Sence of thircommaader.-rKA. Examiner Jfelt.