Newspapers / The Weekly Standard (Raleigh, … / Feb. 24, 1864, edition 1 / Page 1
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- f 1 't4 m 3 ?i ft-. fa THE mil WILL I M W HQLDE N, ,., bdito nornitoi.'11"'1' TERMS OF THE STANDARD. ' TERH3 OF TBS WIEKLY.-Four dollars tor six months, In advance. . :' ' TBBM8 DF THB 8EMI.WEELY.-S dollars foi six months, in advance. . . - "T ' . .. ' i ia nr irtira of Ulhnwor AdTertisemenwinwr, . - - . .j. for first insertion, .nd V?'?" . Insertion. Ferson arairroB -agent tnsenion. deduct on moatbe, will M Cnargou Z.- 1 .jnAtJ trintlvnntlieeaah nrinsinte. Tn WW la r r All paper are oiscontipqed when the time paid for expiree. All remittaneee of money at the ri of those aendr. RALEIGH t PJftlDAT.'rBBlO.'lM . ' War News. ...- The rumored advance on Richmond by way of the peninsula, mentioned in our last, is Dot con firmed.' All quiet along the linos at Orange Court house. The romor that the enemy were retiring at that point is said to be unfounded. Gen. Sherman left the Big Black with, twenty days' cooked rations. He is said to have 82,000 men, and is marching in close order, annoyed by our cavalry. Meridian was evacuated on the 14th. Our troops had fallen back some thirty or for forty miles from Jackson, in the direction of Mobile, and the general belief was that Gen. Polk would give battle to Sherman. We trust that Polk will check him and capture his command. Gov. Watts has issued a proclamation to the citizens of Mobile, stating that the city ws about to be attacked and advising jion-combatonts to leave. We may expect stirring r. Alabama We hare crest conn- news BWli iiuiu ' - o . r dence in the bravery of the Confederate troops m 4 that quarter. Habeas Corpus Suspended. It seems to be understood that the late Congress of the Confederate States, a short time before it .adjourned, suspended the writ of habeai corpus, and thus humbly laid the liberties of the people at the feet of the President After which they ordered prayers to be said on the 8th day of April next Lei the vote on suspending Jhe writ be published. Wake Coantr. &.:(he present term of the Court of Pleas and Quarter Sessions, Nathan Ivy, Thos. G. Whitaker, Jt W. Seawell, W. IL Hood and G. H. Alford were eleoted the special Court for the present year; Quentm Busbee, Esq , was elected County Solici tor; JohnF. Hutchins. Esq., County Trustee; 1. H. Briggs and M. T. Rogers renewed their bonds as Coroners of the County. Constables : Raleigh District No. 1, David Lewis- Raleigh District, No. 2, Willie Sauls; Houses Cr'eet W. R. Perry ; Laurel Creek, W P. Broad well; New Light, Thos. N. Ray; Panther Branch, Lynn Banks; Kill's Creek, R. H. Slighter; St Matthews, B. B. Buffidoe; St Mary's, W.J. Allen- St Matthews, Alonzo Hodge; Cross Roads, T. C. Smith'; Buckhorn, J. T. Judd; W,hite Oak, G A. Upchurch ; Barton's Creek, W. A. Jackson ; Little River, C. M. Horton ; Buffiloe, E. B. Robin son"; Lick Creek, R. J. Hall ; Middle Creek, J. J. Jones; Crabtree, W. M. Jackson; New Hill, H. Bennett; Swift Creek, Hinton Franklin; Carey, Alvin Betts; Mark's Creek, H. A. Rhodes ; Beaver Creek, B. T. Hunter. It was ordered that six per cent, coupon bonds of the County of Wake, payable ten years after date, to the amount of one hundred thousand dol lars, be issued and sold for the benefit of the fami lies of the soldiers. It was also ordered that the -cotton cards due the County of Wake from the State, be placed in the bands of the executive com mittee for indigent families, for distribution. The Exemption and Currency Acts. We expected to receive these acts in full in time for our present issue, but we had no mail from Richmond on Wednesday night We give the sub stance of these acts as follows from the dispatches in the daily papers : The currency act provides that holders of non interest bearing notes over five dollar, be allowed till first of April, east of the Mississippi, and July west, to fund in twenty year bonds bearing four per cent All notes not funded or paid to the Gov ernment in taxes or dues within that time, shall be taxed thirty-three and one third per cent, and fund able till first January next; after which taxed one hnndred per cent Hundred dollar notes not pre sented within that time, no longer receivable tor publio dues and taxed ten per cent per month, in addition to the thirty three and one-third. The present issue of notes to continue till the 1st of April, after which a new issue is authorized, to be kept within reasonable limits. Six per cent bonds to the amount of five hundred millions, may be issued ar.d sold to raise money to meet 'the ex penses of the Government ' All duties on imports to be paid in specie,- ster ling exchange or coupons. On these bonds all import and export duties are especially pledged to pay the interest The Tax bill levies five per cent on roost of real, personal and mixed property, stoek, bank bills, and solvent credits. Twenty per cent on incomes, prof its, Ac. The military act declares all between 17 and 50 in service during the war. All between 18 and 45 now in service to be retained nnder existing organ izations and officers. All between 17 and 18, and 45 and 50, to be enrolled for State defence. Pro. vest, Hospital, and Conscript guard duty to be performed by men between 18 and 45, who are nnfit for the field. Exemptions all unfit fortheeld, members of Congress, State Legislatures and other Confederate and State Officers, preachers regularly employed, one editor to each newspaper now published, and such employees as are indispensable ; oneapothecary to each drug store doing business on the lOth of October 1862; physicians over thirty years who have beeneven years in the practice ; President Teachers in colleges and schools who have been regularly teaching for two years and have twenty students ; one person on farms of fifteen field Hands and give bond and security to deliver to the govern ment one hundred pounds of bacon and beef to every hanrj, and sell all surplus at schedule rates, Officers of railroads as heretofore reported ; and the President and Secretory of War are authorized to grant exemptions, as heretofore reported. Robberies. Crossing the lines to the enemy is said to be attended with danger, especially to those who have money in their possession. Wa learn that a ftrmer resident of this place, (Mr. Fraps.) in attempting to get through by way of Murfrees borough, was robbed by a couple of men profes? ing to belong to CoL Hinton's command, of $98. in Bum, iour gom watches, Bunk notes, Ac. Col. II ba ton is doing all in his power to detect the rogues, "detected, we bav no doubt he will punish thein severely. Mr. Frana la &n .nr.iicrri.-tna mnnnanLt and has thus lost the result of the labor of many years. He had a passport We publish to day the conclusion of Mr. Moore's review of Judge French's decision. His amument to show that the substitute law created a contract between the government and the nrincioaL seems to us w be conclusive. Severf mistakes occurred in Mr. Moore'a fine rnumker. For M Constitution! arinrrw loms-for Constitutional construction." For uuto f 1 IBS III II III III III III Vol. XXX. No. 8. v..trMwlarn from several sources in the western part of the State, that gross frauds are being-perpetrated in getting op petitions to the Gov ernor to caff tn,Legislatnre together for the pur yon or nxjonxing Cbnvtton. Not only is the name of Gov. Vance falsely, nsed as sanctioning this movement but the same Demons are sienine- several of the papers, so as to swell the number of names ; and persons under age are nlno a' ked and allowed to Blgrt Ihem. Amd- 'ha f,rntamnm im wHa that Gov. Vance has directed a list of the names of all who refuse to sign, to be taken on the backs of the papers; Fayetteville Obtervery' ' We do not believe that any such fraud as that mentioned by the Olterter, has been perpetrated. We learn that in the Western part of the Slate pe titions of the kind referred to are in circulation, and are being signed by nine-tenths of the popula tion; but we do not bejieve that "the pretence is made that Got. .Vance has directed a list of the names of all who refuse to sign to be taken on the backs of the papers." We do not believe it for three reasons: First, because those who hand round the petitions are incapable of telling a false hood; secondly, because the people sign eagerly without a resort to any influence of any sort ; and thirdly, because the Oberver'$ informants are De structives, whose statements are to bo received with many grains of allowance. The petitions re ferred to, as we learn, contain on ono side an ap peal to the Governor to convene the Legislature, and on the other a protest against it, so as to give the people a fair opportunity to record their names for and against a Convention ; and those who cir culate these papers, of their own motion, and with out any official instructions from any quarter, keep a list of those who refuse to sign either side, so as to be able to know accurately the views and senti ments of the whole population. In one County from which we have heard, about nine hundred persons signed the appeal to the Governor to con vene the Legislature dbout forty persons signed the protest, and some twenty or thirty refused to sign either. Nor do we believe it to be true that ".the same persons are signing several of the papers," for two reasons : First, because Conservatives are not in the habit of cheating or deceiving, as the Obierttr alleges ; and secondly, because the Governor will of course carefully read and compare all these pe titions, and even if persons were disposed to de ceive him by signing several papers, they would know that any attempt of the kind would be de tected, in the careful examination which his re spect for the people who sign these papers will in duce him to make. Nor do we believe it to be true that " the name of Gov. Vance is falsely used as sanctioning this movement" On the contrary, the impression pre vails that Gov. Vance is opposed to the movement, but it is hoped that he will listan to the people whose servant he is, and. convene the Legislature. Hence the movement If it had been known or be lieved that Gov. Vange was disposed to convene the Legislature, the movement referred to would not, in all probability, have been set on foot, yP pie would have waited patiently for some action on his part But who authorized the Observer to say that Gov. Vance is opposed to the movement f Does that paper speak by authority ? We learn that Gov. Vance will addVe3S the people at Wilkesborough on Monday-next, on the state of the country. The people will, therefore, soon Know whether be is for or against a Convention. We confess we are in the dark as to the Governor's views on the subject ; and it may be, from the con fident air with which it assumes to speak for the Governor, that the Observer is more fully posted as to bis opinions than we are. ' Traitors In Llfchmond. We have heard it hinted more than once that there areiundreds, if not thousands of Union men in Rich mond, and the following from the Dispatch would seem to confirm this opinion. The Dipilch Rays, truly and justly, that those person1, who curse the! South, or conspire against the government, or assist Yarkee prisoners to escape, should be held to rigid account ; but is that paper quite sure that all the subalterns of the government at Richmond are blameless in this respect ? The recent escape of so many Yankee prisoners calls for the most rigid in vestigation. It seems to us that such a thing could not have happened without complicity and corrup tion on the part of some of those who had these pri soners in charge. The Dipatch says: '"The benignity and toleration manifested by this government to persons who, if living in the North and exhibiting the attitude.toward that government which they do to this, would ensure their consign ment to a dungeon, has only tended to make them more bitter, treacherous, and malignant They affect to regard as a cruel despotism a government which does not interfere with their freedom of speech and person, and which permits them to enjoy all the rights of loyal citizens and the possession of their ill-gotten gains, whilst curses for the Southern cause and all connected with it are the only coin 'which they pay for such clemency and indulgence. If the Yankees were to. coma here to morrow the worst enemies of the loyal people, the most cruel and savage persecutors of our cause and countrymen, would be these domestic traitors,, who are unmo lested in person, estate, or liberty by our people and our government But the time has come when the truth that those who are . not for us are against us, must be prac tically recognised, and that pitiful minority of men and women who do not regard this as their coun try, must be sent to that country which they do regard as such, and not permitted to remain here, to assist Yankee prisoners to escape and plot t reason against the State. It is the custom of the Lincoln government to send from its own limits better peo ple than, themselves for not half their offences. Men and women have been expelled from the North, and driven from their homes and property, for manife&tingtymnathy with the Southern ciuse, and, unless we are loot to allsulf-resoect, and all sense injustice to our own countrymen, we will commend the same chalice to the lips, of the traitors -and mis creants here who are plotting the overthrow of the government and the restoration of the ' glorious . old flag." It is no thanks tn such as them that Richmond has not been taken a hundred limes over, and the Yankee prisoners let loose to devote the city to fire and swod. Tiie authorities have a duty to perform in this matter, wbieh is demanded by the most obvious dictates of public security and self-preservation." There was snow at Richmond and in northern s Virginia a few days ago, which accounts- for the present very cold weather here at this time. The late rain was much needed, and it is hoped will prove beneficial to the wheat . . Mia RALBIGH, N. 0, WEDNBg A Votee'lwm'lAlalkua.;''. . We have heretofore published the resolution w the Bubjoct of negotiations, introduced in the House of Representatives by Mr. Wright, of Georgia; and we have also noticed the feeling which exists in that State in favor of negotiations looking to an' honorable petce. .We have also given it as our '. opinion thai an twoSfatas in the Confederacy are -mure uevoitiTlQ'tbe Southern cause than Georgia and North-Carolina, and that they would do noth ing in any event to bring disgrace or disaster on that canse. We make some extracts below from the Selms (Ala) Daily Reporter, showing the feel ing in that State on the eohject The Reporter of the 10th instant' thus notices Mr. Wright's resolu tions : ' " Impoktaxt Rr?OLtrno5s. We publish this morning the resolutions, under the above1 caption, as introduced by Mr. Wright, of Georgia, in the Confederate House of Representatives, a few days since. These resolutions are, by far, the most im portant that have been submitted to the considera tion of Congress, and if there be wisdom and fore cast among those to whom is intrusted the destiny of this country, they will surely be adopted,, at an early day, with a unanimity rarely witnessed in these days 'of disputation and useless wrangling. The idea that this gigantic and ferocious war can be brought to a close by fighting alone, is so trans parently absurd, that the only wonder is that think ing men ever indulged such an illusion. Without invoking the arts of diplomacy, we might fight until doomsday and yet be no nearer a peace than at this moment The preamble and resolutions are wholly unobjectionable, and thoirgh brief, they cover all the ground that is needful to be occupied by ' overtures of this description. We will treat with the enemy only on the basis of our recognition as independent States, and we will, therefore, not be humiliated, even though no good results should follow the passage of these resolutions through Congress. It should be our business" and pride to hold aloft the olive branch to our implacable foe, and thus put ourselves in sympathy with the an wjr party at the North, thereby facilitating the overthrow of the Black Republican party." And the Reporter of the 11th instant thus defines its position : , " We wish it distinctly understood that we yield precedence to no one in oar devotion to the Confed eracy and the principles upon which it is founded ; but while we cherish a reasonable enthusiasm in these premises, we do not intend to be so far denu ded of our '"right mind" by any sort of fiery fren zy" as to forego our privilege, as an honest and fearless journalist, in the outspoken advocacy of any measure which we believe truly contemplates the good of the country. In a free government, a blind adherence "u the powers that be," is not a test of loyalty, but is significant of -both ignorance and knavery. We dislike to appear captions, and to avoid dangerous antagonism with our rulers, we have always been willing to waive minor differen ces ; but in thus shaping our course, it is not hence to be inferred that we have not a mind of our own, or that we are subservient to any tribunal other than that of our own judgement and conscience. We have indicated more than once that we are opposed to the continuance of this war one moment longer than it can be satisfactorily brought to a close, and to this end we mean to labor, irrespective, of fear or favor. If there be those who are the vie- tinis of a furor whieh can be satisfied only with the outpouring of more blood, we envy not their princi ples, nor do we wish for their patronage. There' has been enough suffering enough widowhood and orphanage to satiate the vengeance of fiends. We - say, then, let this accursed war be stopped. Let every means be employed that looks to the speedy inauguration of a blessed pace. In pursuance of this policy, we declared in yes--terdiy's issue that the premble and iwiolutiops introduced in Congress by.Mr. Wright, orGeorgia, should meet with a ready acceptance at the hands of our representatives. We reiterate the opinion that those resolutions are, faultless in their spirit and purpose ; and we now go further, and declare that unless they be acted upon, the men who shuf fle them aside will be held to a fearful account by their constituency. The people will fight always if it be necessary, but they will not have their wishes' ignored in a matter of such vital interest to them. The war must be ended in some way. It is clear that neither section can "conquer a peace ;" it must be done by diplomacy. This great fact is ap preciated by the people, and they would have their represen'atives to rise to its acceptance in a spirit befitting the crisis through which we are passing ; otherwise, they had better resign thai seats and re turn to a more humble sphere of action. Let us not be misunderstood. We hope fof no peace with Lincoln, or with the Abolition party, but we do expect to negotiate for and receive the recogni tion of our independence when he shall have been ousted from power. ' Of this we have not the shadow of a doubt; but to insure a consumation so duvoutly wished for, let us hesitate no longer to employ the only means that can ensure the realisation.- In the meantime, the clash of arms must needs go on, but it militates not against the humane spfrit which should be in the ascendant despite the fury with which the contest may rage." It will be seen that the Reporter agrees with us precisely as to the policy of talking and fighting for peace at the same time. Some of the Destructive journals, for party pur poses, are endeavoring to produce the impression that the Standard is responsible for desertions from the army. There is no foundation for this charge, and these journals know, it We have never writ ten, or uttered, or printed a word designed or calcu lated to cause desertion. On the contrary, we have written and printed more, perhaps, to discourage desertion and to encourage volunteering than any Editor in the State. But all this goes for nothing with our enemies, because we advoeaCe tho rights of the private soldiers, ana because we insist that while the war is pros ocu ted with vigor ometeps should be taken by statesmen at home tasking to an early peace. ' It is not necessary that we should caution our Conservative friends against the false hoods of the Destructive journals, or the selfish partisan policy which controls them. These journ als and those for whom they speak, no mattertawhat they Bay or o;nit to say, never dnw a breath that is not of party. Their highest and only aim is to " feather their own nests." TneJ malign and mis-: represent us, and resort to every device to render us odious, because we are in their way; but as long as the people stand by and sustain us we shall fear nothing. Break down the Conservative party in this State and silence the Standard, and the De structive leaders would have a very carnival- of power nd njoicing. The "good time" for them would come, but truth, and justice, and civil liberty : would be sacrificed. Truth, because the Constitu- 8 tion would be perverted and disregarded; justice, because the weak would be trampled by the strong; civil liberty, because military and martial law would prevail over alL . Extract from a letter to tho Editor, d&ted DAY, FEBRUARY 24, 1864. - Lincoln's Calcclatioks. -A correspondent of the New York Herald says that the friends of Abraham Lincoln ooant on organising governments in Souih Oarolina, Georgia, North-Carolina, and other South ern States, in time to get the vote of those States for hire in the next Presidential election this farce to be enacted by means of his one-tenth of popula tion in each State I These are the means, it seems, J?, T'ed on to perpetuate the abolition power by defeating the national candidate for the Presidency ' of the United States. Such a course, if adopted, would most probably lead to a revolution by the national men at the North. The idea of casting the vote of North-Carolina for Abraham Lincoln 1 What k an hTSuTtto our people, and what a gross perversion m aveiy recognizee; principle or self govercMnent! ' . For the Standard. The conscript act of April, 1862, section , pro vides " that persons not liable to military duty may oe receive as substitutes ror those Who are. unaersucu rules ana reeulations as mav be nre- i scribed by the Secretary of War." The time of service is three years, unless the war shall sooner end. The Secretary of War mibiislied an order . I 11 that a person thus liable to military duty, might J put an able-bodied man, not liable to military duty -j uuuer mo aci, m nis piace, ana inereoy oecome en tilled to his discbarge from the servioe exictod of bim. Accordingly, such a substitute was put in, and the principal was discharged by the govern ment absolutely and without condition ; for the law did not make the substitution or discharge condi tional to any purpose whatever. - Now, is this a contract between the government and the principal? And, if so, can the government violate it upon necessity, even, without compensa tion f If it is a contract it is an executed one. a contract is a compact between two or more parties, to do, or not to do, a particular thing." Ogden m. Saunders, 12 Wheat 256 ;' 1 Parson's const, 5, Smith on contracts, Law lib, 2 Story cons., 1S76. Whether any contract exists, and, if so, what is its proper interpretation, is determ inable upon the principles of the common law. 2 Story, cons J 1830. These principles require to every contract a con sideration. They do not, -however, look to the question, which party has obtained the advantage in the bargain. Indeed, the contract is as obliga tory without any advantage to the promiser as with it ' The main rule in regri to the suffi ciency of the consideration, is, that it may arise, either first, by reason of a benefit resulting-to the party promising, or at his request 10 third per son by the act of the promiser ; secondly, on occa sion of the latter sustaining any loss, or-inconvenience, or subjecting himself to any charge or ob ligation, at the instance of the person making the promise, although such person obtain no advan tage therefrom. Chit on contr., 30; Parsons contr., S56 ; Smith on contr., and cases cited. The entire case may be briefly stated, thus : By force of the conscript act of April, 1862, a citizen between 18 and 35 years of ai(e, became liable and owed to the government military service for three years ; and another citizen, beyond the age of 35 years, -did not become thus liable. The govern ment, in order to make the debt more acceptable to the military debtor, said to him, at the very mo ment of demanding the military service, "you may be discharged of the duty exacted of you, if you will choose to do so, by putting in your place some fit citizen of whom this military service is not re quired. This proposal, however, is made of mere favor, and without any purpose or expectation of seeking any benefit therefrom " Such is a fair construction of the undertaking by the government in section 9. Well, in pursuance of this declaration, or pmp sal, or promise, Hie military debtor proceeded to subject himself to tho inconvenience and charge of procuring a person who was not liable not a mil itary debtor both able and fit, and offered him in his place and he was accepted, and the government forthwith discharged the military debtor from the service demanded of. three years. Now, if this had been a stipulation between two citisens about a matter of money, property, or ser vice, there would never have, arisen any doubt that a contract existed ; and that the debtor was fully acquitted of the whale matter demanded of him in the outset Let us see if familiar cases of illustra tion in the law do not fully support this conclusion. A is bound to convey to B the tract of land called " Black Acre." He is reluctant to do so, and there fore B, of mere grace, says that he will accept in lieu another tract whieh is forthwith conveyed to B, who thereupon discharges A of bis obligation. Again : A owes B a debt, and A proposes to pay him wilb the bond of C of the same, amount, which proposal of mere grace, is accepted, and A . is discharged. Again : A is bound to serve B for one year in a specified calling. B giees him leave, of mere grace, to put in his place another man not bound to serve B atsall at the time. This other man is accepted and A is discharged. In all these cise3, the substituted obligation and service are allowed as a privilege and of mere grace and favor; yet the discharge is binding in every Court in the land. Take' one more illustration : Suppose that by a tax law, A is taxed jduring three years in Juturo, nine tenths of his income ; and the Confederate government proposes to him, of mere grace, that if he will pay down thrice seven tenths of his annual income, estimated according to rules prescribed by the Secretary of the Treasury, he shall be discharged from all other and fsVlher tax on bis estate, and A does so. Can the government, after getting the cash, rightfully claim to tax his income too, without restoring the cash ? Now, in the first three illustrations none will dis pute the law as it is stated. In-the fourth, I am sure that any government, even with the power to retain the money, would be ashamed to do so; and that any independent judiciary would decide that it could not Yet in the cases between individ uals, there was no benefit or advantage, to the prom iser. The substitution of one duty for another was allowed of mere favor, as was the substitution of another to the particular duty required. Of this character, often are the promises ras.de by the vic tors to the vanquished on laying down their arms. The surrender was the consideration, and in all agev has been deemed of the same force and virtue, whether the promise was made of necessity, of ex pediency, or of grace, which, it must be adsntteJ, has been generally better kept when it came of grace, because that impulse is from a generous and noble, as well as a just heart , It is easy, if the above examples are notsufficient to. enforce conviction, to present cases of illustrationtilr more apposite. As, for instance, suppose section 9 had declared that persons not liable to military duty may be received as substitutes; and provided, that hot less than two shall .be received for oe thus lia ble; or that the sum of $1,000 may be receded in substitution of the three years' service exacted by the act Now, these "offers wouid have' been as ' purely of mere grace and faVor if not so liberal as that which is actually offered. If, under such, en actment, one person bad put in two substitutes ant another had paid $1,000, would any one -deny that - the faith of the nation would be pledged to them, and that a contract would arise instantly on accent ing and fulfilling the terms prtuwsed by the law f .. I have forborne Jo allude tp, the f.ct, that Con gress, at the passage of the act, was fully aware that substitution would involve the expenditure of large sums of money ; andihat the bargain between the principal and his subs-itute would be based upon the assumption that- the suhrfitute would be obliged to remain in service the eni ire taae for which the prin- cioal would be": and that tw such time the principal Wocld, beiexcued.MilSuch aB the, ponalar. bell'f Whole Number 1511. of Congress generally disseminata throughout the land. The disregard by the Courts of the unlaw ful conditions attempted to be annexed to the dis charge allowed under substitution, bad sufficiently informed Congress in what sense people accustom ed to construe laws, received the privilege' of substitution.- The recent act subjecting all principals, whether their substitutes, bo liable or not to milita ry service, manifests an utter disregard 'of the con fidence reposed by the constituent in the represen tative, and of their common understanding of the laws enacted by-the latter for their common obser vance. It may be true, that all this does not prop erly enter into the decision of the Court upon the question whether there be a contract or not And for that speciGo' purpose I forbear to urge it not because it is not connected with the idea of con tract, but because the contract is complete and ob ligatory without it -It matters not, in law, wheth er the substitute took his place in the ranks through love of money or of mere affection. But trulv tl, heavy cost in most casea nf A founded on the idea of exemption for three years. .1 AHMk L. J ,, " ought to have warned the government aminst ing rash hands on the principal, and makes hearlloss the violation of a contract accompanied by such bad faith." Having Bhown that the substitution allowed bv the act involvos a contract to discharge the princi pal, for so long a time as the principal owed his own service, it remains to inquire to when extent this contract is obligatory on the government - Every valid contract vests in the Darties actual property or something of that value, by whatever 3 umer name u may oe called, a right, a privilege or purchase. It matters not wheth IT thfV ailhnro to the corpus itself, of property, or attach to the W30". position ' or employment of men. tbev are ail alike sacred objects of legtl and cons'titutional pruiwiion agamst punjic seizure, breach, impair ment, or destruction. Thus if the sovereign g-ant land upon condition that the grantee shall be sub ject to pay annually 25 cents per acre for tax and no more, all taxation beyond is illegal and a breach rr iootrct New Jersey m. Wilson, 7 Cr., 164. If A borrow money upon promise not to tax the security issued, its bonds executed for that purpose, cannot be burthened with any revenue by it with out a breach of contract If a banking or a tailroad corporation be created with a promise to the stockholder agvnst all tax, no imposition can be laid without impairing the con tract Slate bank e. Knoop, 10 How. 369, Wood rnfi vt. Tapnall, 10 How. 190, State c. bank Cape Fear.18. Iredell 15, Attorney General e. . bank Charlotte,, IrEq. 287. If one is let into an office during good behaviour he cannot be displaced at discretion to make way for another during the' continuance, without the seisnre being illegal and a breach of contract Hoke vs. Henderson 4. Dev. 5. If the sovereign grant the exclusive right of fishing in a navigable river or arm of the sea, it cannot extend the right of fishing in the ssaie 'waters to another without a breich ot contract Town of Pawlet ve. Clarke 9, Cr. 92. Terrett . Taylor, 9, Cr. 43. When a law is a contract repeal of that law cannot take away vested rights under it Fletcher m. Peck. 6 Cr. 87. - Every sovereign is a moral being and may bind himself within the epberoo his powers, to the same extent as may a private person within the scope of his faculties; and each alike breaks his contract' when its complete fulfilment is denied. The obli gation of a sovereign unlimited in power rests on his honor. If he be limited in power and make a contract vesting rights in the subject, it rests with the judiciary to protect such right against his en croachment If substitution be a contract, the princinal has a property in H as truly as in a tract l land granted by the general government, and that government i has no more right to violate the one than to seize the other. That government is vested with the i power to ditpose of the public lands, is clear. Is it not equally clear that it hasjio power to rescind 5 it granir - A. grant implies a contract by the grantor, not to re-assert the title granted." Fletch er v. Peck, 6 Cr. 87. We may say, in like manner, , that a contract implies an agreement by the parties not to re-assert the right parted with by the con tract But the Confederate States' government has no sovereign right to break a contract .which it has a constitutional right to make. It has no granted power to violate any constitutions! engagement it may enter into. It exists only by virtue of powers conferred on it Its powers and its rights go hand in hand. If any nation may wilfully retract its grant or violate its contract with its own subjects, it is because, of its unlimited.powers, and its being beyond the pale of being questioned by any of its tribunals. If the Parliament f England have the constitutionar power to transfer the land of A toB, there is no such power in any Confederate authori ty. It c.nnot be found in tbe charter of its crea tion, and if it should attempt it the wrongful tenant could not avoid the question being presented to a court Such would be the ease of any other tangi ble thing which the government might attempt to hold by its agents. It is true that a contract be tween the government and a citizen, not fully exe cute I, could not be enforced by suit agfinst the gov ernment, unless by its own eonsent; as an agree ment to pay money. But in every instanccVherc the courts can get jurisdiction they p-tss upon the powers assumed. In this case the body is unjustly detained in violation of a valid contract, which must remain binding, till the government shall remove its force. There but one way to remove its foree. and that is to treat the contract as property, lis breach, if made necessary, is like taking it for pub lic use, and it is assuredly protected under Confede rate Constitution art 1 s, 9, 16, which declares that no person shall ' 'bo deprived of life, liberty or property without doe' process of law, nor shall pri vate property -be taken for public use without just compensation," So much of this provision as re lates to the taking , of private property for public use, is found in the Constitutions of many of the - btates, though not directly in ours. Kent commenting (2 vol. 898-tf,) on this clause of the Federal Con stitution and similar provisions of the State Consti tutions, says, "The Constitution of the United States and most of the States of tbe Union, have imposed a great and valuable check upon the exercise of legislative powers," by-declaring that private prop erty should not be taken for publio use without just compensation. A proviso for compensation is a ne cessary attendant on the due and constitutional ex ercise of the power of the law giver to deprive an individual of his property without his consent And this principle in American constitutional jurispru dence is founded on national equity, and is laid down by jurists as an acknowledged principle of universal law." The learned and full note to the text fully sustains it by authorities. "Tho government is bound in such cases to provido ome tribunal for the assessment of the compensation or indemnity, be fore which each party may meet and discuss tbeir claims on equal urm: : and if tbe government pro ceed without teking these steps, their officers and agents may ana ought to he restrained by injunc bun." 2 Johns, Ch.Rp. 162. Henderson vs. Maj, Ac., of New Orleans, 5 Miller's Louis. Rep. 41 o, Bonaparte vs. O. & A. Railroad Company, 1 Bald. C. C. U. S. 205. Ee parte Isaac and et parte Cox and ilill, ante Bloodgood vs. Mohawk and Hudson Rtilroad Companv. 18 Went -9. Koeers vs. Braa sbar. 20 Johns, 735. Tne 'discharge of the body under habeas corpus is the otily way of restraining the irreparable wrong, and serves the same purpose as the iujunction against tangible property, taken j wlllloutjU8tprapnwtion., Hiuay not besjid (hat tlye I niraculty tl ascertaining the J last camnentttion dv 1 pense with Mfeorar V) jtdjust it - Ta w J to flms in anfr trihnnat nAeaiwiWMBbMil a . . . !..;; ; For (be Skadari 2Mb. Norta-Carolina Resimsat. c The following stirring address was nsa4 if Ires parade of the 28th N. C. regiment, arnf 'ltort.. era Virginia, after that regiment had re sJJapjdfor tbe war. The army contains no prewar Vjt asere efficient officer than CoL Sneer. Headqiahterb, 28th N. C. lag,) February 6th, 186., J Soldiebs : Having by your devoted psWtotism, your patient endurence, and your gallantry u(ou s many battle fields esrned so high snd iionorMs a name, and an enduring fkme in the army o.' North ern Virginia, you have crowned it all with' a vneuth of glory by your action this day, by your re enlist infr, of your own free will in the army of the Con federate States for tbe war This waa ell that was wanting in the brilliant and beautiful cbaplet with wh:cb jou have adorned your colors; upon them surrounded by the names of tbe battles in which you have gained imperishable renown, you have written these memorable words for the vkrl How grand and glorious the words and spsctaclel A uar-Kor regiment, its rank -decimated by the casualties of batllc, Eave sent back to their people at home the cheering news the proud and gallant defenders the old 23th, N.C. Re-t have re-enlisted for the war. With what feelings will they hail it, with what gratitude will they greet you. By this act my brother officers and soldiers you have evinced your patriotic devotion to your country, and your . confidence in the success of our cause. By it you have hurled defience to your enemies, wha expect to subjugate you, telling them in language they will et fail ju understand, that you had rather die all freemen, than to live slates. By it yon have spoken the words of cheer to our people at home, that yoa intend to do your duty and encourage them to do theirs. By it you have fixed the brand of infamy and shame on all skulkers and showed them that their day of retribulion is fast approaching. By it, you have declared, jhat as you entered the army aa volunteers, and was the first volunteer Regt in N. C. to organize for three years or the war, you intend to remain in the service as such. That the old 28th N. C. will never be a conscript Regiment Soldiers: This act is as honorable to you as it -is crediiable to your officers. We all thank you and are proud of so noble a regiment You deserve well of your country, and sbe will reward you. May you ever maintain that fair reputation which von have so gloriously won, and your honor iintarnUlied. May our enemies won be compelled to listen ta terms "of pence, our cou utry be free, and peace ?oon be restored to our mu h beloved but iurcd coun try. May angels ever guide and guard your path way through life. By order of W. H. A. SPEER. Lt CoL Coiu'r Rsg't R S. FoiteEK, Adj't '- 53f" Tho Cone-ierafe, Obserter, Cfiarto'i'e Dem ocrat, and Iredell Exp reus please copy. for the Standartt. - Conservative Meeting in Greeae Coaatr. At a large and mptctablc meeting of the Conser vative party of Greene county, held at Snow Hill on Monday the 15ih February, 1864, on motion of R. J. Williams, CoL R C. D. Seamoh was called to the Chair, and Dr. F. M. Rountree requested to act as Secretary. The Chairman having explained the object of the meeting in a few appropriate remarks, on motion of J. B. Williams, J. B. Faircloth, Wm. Coward, H. F. Grainger, F. W. Dixon and R J. Williams, were appointed a committee to draft resolutions ex pressivo of the same. The committee retired a short while, returned, and through their Chairman, R J. Williams, re ported the following preamble and resolutions which were unanimously adopted : . Wuekeas, The time is approaching wben the freemen ot North-Carolina will be called upon to choose a Governor, whose duty it will be to pilot tba ship of State in these dark and perilous times ; therefore Resolved, That the people should be cautious and exercise wisdom and discretion in their choice. Resolved, That we will submit to no compromise with tbe Destructives. Resolved, That while we will cheerfully .vji.f,i,?t any sound Conservative, We take pride in reciii mending to the people of North Caro!-. . -" Holden, a patriot and a statesman, as ourii- .. for Governor. , Resolrcd, That we cill upon the peopl t' -or. North State to rally to his support and shs :f in a manner that will give joy and e-jns-rwtf: - all lovers of civil liberty, and carry iAjr to ihe hearts of tyrants. Resolved, That we do tender our hen- felt ihanks to the Hon. E. G. Reade, for his noble oeience of our old mother State, North-Carolina an J heroic Soldiers, on the 30th of January last, in the Senate of the Confederate States ; and while his vindica- ' tion of her loyalty should cause tbe cheeks of ber defamers to burn with shame, it should fire every heart with everlasting gratitude to the author. h'esolsed, That we approve of the resolutions passed at Smith field, Johnston county, Feb. 6, re commending a Mass Meeting to be held at Greens borough or Raleigh in the month of April or May. Resolc&l, That the proceedings of tbe meeting be published in the Standard and X)j Progress. On motion the thanks of the meeting were ten dered the Chairman and Secretary. On motion the meeting then adjourned. R. C. D. BEAMON, Ch'mu. F. M. RooHTREE, Soc'y. . . ' For the Standard. Ma. Editor : Tbe conscription of L II Padgett by the Confederate authorities at this time, deprives the soldiers of the counties of Beaufort, Hyde and a part of Martin, of the valuable privilege of receiving clothing, the mails and- other necexsariei, and as there are over fifteen hundred soldiers that have received their letters through the facilities be afford ed, I hope that his Excellency, Gov. Vanee, will use. . his influence in getting him detailed to continue in tii'e same capacity. Mr. Pidgstt vol u ottered at the betrinningof the war in company I, 3J N. O. Infan try, and served until discharged on account of wounds received in the seven days' fih? around Richmond, arid has been engaged ever since trans- porting the mail through the enemy's-linea. ' Wilmington, Feb. 15, 1864. For Ibo Standard. Public Meeting In Davidson Coantr. ' At a public meeting held or. February ne th, 1SC4, in Davidson county, on motion, J C-!ltt was called to the Chair, and B. F Beskerdi e appointed Secretary. After someappropriate remarks, by Rev. J. Mijlcr and others, the Greene county resolutions were unanimously adopte'd. The meeting adjourned, with loud cheers for Convention, &c ' J AS. CQUUBTI, Ch'q. B. F. Beck ekditb, Sec'y. . Habeas Corpus. The Legislature of Alabama a.1 ant vm Vi iK ma lr Ml ie 4 .. 1 af a writ of habeas corpus an act of felony, tbe penalty .attached being not less than a fine of one year's Im prisonment We-should like to see lh:s set adopted by every State in the Confederacy. The right of habeas tier pus is one of the most sacred in the possession of tbe people, and ought to be guarded with tbe nnwt jealouRy. As some of oir national legislators sein disposed to tamper with it, it is time that the Statrs should come to the rescue. - In Engbnd, any attempt to palter with this prin ciple would shake that stahje monarchy to the eeatre. Can it be possible that we, who sr fighting tba . battle of constitutional liberty, should prise mat freedom less than our English cousin t Dark a is the situation of the country, it is sir I y not yet necessary to convert t!.e Government into a despotism in order to rotrieve iu fortunes. And that such would be the eff-ot of ncy spensiim of the habeas coTputxct, there ra.mo.t bo, tie slightest doubt With our persons at the ao-sol-: . . of military authority, we should; bayr !"l'tlVj'. fight for an the meanest PuAswn serf Ii it MM be; Si' of qs. that w threw off one. i vrWy h?y tuild up another at bom-r-m'- VCH"1 . ;
The Weekly Standard (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 24, 1864, edition 1
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