Newspapers / The Charlotte Democrat (Charlotte, … / July 16, 1861, edition 1 / Page 2
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11 in t3 Loan for the Defence of the Con federate States. By a communication from the lion. C. G. Memrain jcr, Secretary of the Treasury of tb Confederate State, the undersigned have been requeatcd to act as "the Cen tral Board of Commissioners for the State of North Ca rolina," to present to the attention of the citizens of this State the Loan authorized by the Act of Congress of the Confederate State?, approved February 28, 1861, mrtA n enliJt tl..ki,ttnn . n . 1. . .1 . . . -. further requested to appoint Local Comm'niiioner at such places as we may deem advisable to act for the purpose indicated. nJonrwW?1 -'iS, """otesceed S15. - 000,000. of wlncb sum $,000.000 was culled for in March last, and a second call for the remainder is now niade. Bonds with coupons for accruing interest in sums j from 50 to SI, 000, or stock certificates in the usual' form (if preffrr'ed) will be issued. The intereltis ei.ht 5 per cent, per annum, payable b mi-annually at all of i onr principal cities. " ! The principal money is payable ten years after Sep- 1 tember first next, the government reserving the right ! (upon giving xiiree months public notice) or paying any portion of the Loan at the expiration of live years af ter September 1st. Subscriptions will be received in current Bank notes at par. or certificates of dpo.Mt of any one of the Banks of this State in good credit at the Capital, and the sub scriber will then receive a receipt furnished by the Treasury department, which entitles him to its exchange for Bonds or Stock to bear interest from date. This loan is authorized for the support of the Gov ernment, and to provide for the defence of the Confed erate States of America, and it certainly cannot be necessary that we fhould make an extended appeal to North Carolinians to induce them promptly to come to the aid of their government in the crisis now existing. North Carolina has severed her connection with the Government of the United States, and become an inte pr.il part of the Government of the Confederate States of America. Her people, through a Convention regu larly constituted, representing the sovereignl v, the su- t - . .a a preme power in our State, have unanimoiily declared ! and onuineu tins o Oc so, and no loyal citizen ot j North ( aroima will be unmiudful ol his faith: his duty 1 and his honor thus plighted This new political relation of our State is not how- j ? i v " ii , !! luuiuiuii nun iittr Minn of the Confederate States she is menaced with subjnga with the others j tion by the Government of the United States. That Government in its madness has determined that the people of the Confederate States shall be compelled, by mil it atv force, to submit to their dominion, and al ready large armies hate been mustered to conquer asd subdne us. Already Virginia, onr sister State and nearest neighbor on the North is ir.aded, and a war thus exists which on onr part in strictly one of defence. To the Government of the Confederate State. we have granted the power, and on that Government have in posed the duty of providing for our defence. To do this successfully, ami to bring this war to a speedy ami triumphant is-uc, it is indispensable that the Goveru nitiit should he promptly supplied with the necessary means, and from its veiy recent organization it cannot be supposed to have these at its command from its or dinary source of revenue. They must be supplied, and the alternative is, that they must be raised ou the treJit of the Government. The loau now offered, bears eight per cent, iutercjt per annum, payable somi-annunliy a profit which should satisfy any one who may invest in it. The security the value of this investment depends upon the same basis, on which depends the security and the value of the lands, slaves and all other proper ty of every citizen of our State. On the succe s.-ful op erations and stabilities of ihe Government under w hich we live, depend alike onr rights of property and the j viujcoi uie MuiniiMi;S!iiu directly on me laitn or tlio Government. In audition, however, to the security for the payment j of the principal ami interest of this debt guaranteed by '!.e plcd;d faith of the Confederate Stales, a duty of i one eighth ot one per cent, per pound on all cotton in ? th raw state exported from the Confederate States ti (about cents per bale) is especially provided; and Jjj the coLtinuniAC of this duty until the extinguishment jfd of this debt, or until a sinking fund adequate to that m cud is provided, is gnaiantetd iu the act authorizing V," loan. For the defence of the Confederate States, the toung nifu of North Carolina from all portions of our State have volunteered in numbers beyond the demands of our St.ite ::;'.horities. and this h.ie been done with such promptness nd zeal as to have incited the nd c miration of nil money, however, is as indispensable as cjcn together they constitute the great sinews of war. J Will those of out citizens, who have not offered their q persons for the common defence altogether fail in su i twining the cause of their country in this her hour of 3 ti ii'l? There are certainlr but few w hose means are so limited as to jiijtify them in w ithholding a subscrip tion for th small amount ofSjO, while there are thou sands who should not hesitate to invest la tge'y of their more ample means. Let every citizen of North Carolina, consider anddc- 4 cute as to The extent ot Ins investment in tins loan, fs i though on his particular action depended the ability of 5 the Confederate States to preserve their existence as a nation, aud their ability to defend and protect his prop- ins home ana his Jannly. It commends itself to jUie favorable consideration and united co-opera tion of onr people, whether of large or of small means, by every incentive, as well of interest as of patriotism, and we feel thoroughly assured they will respond to thio call with such spirit as will satisfy our sister Slates of our fixed confidence in the integrity and sta bility of the Government with which we have linked onr destiny. Let us then prove our faith by our acts. The following persons have been requested to act as Local Commissioners at the different places acainst their respective names, and for all subscriptions paid to them, their signatures to the receipts furnished by the Treasury Department will be valid as our own : Jinieiyh G W Mordccai, iJtan'l XI Uarringer aud M A dsoe. Fyruei; .Vc Jesse G Shepherd. E J Hale, Dan'l Me I)i i mud. Wadcfiijro II l Hammond, Thos S Ashe, Stephen Cole. t'i.irlottt Jno Walker, J A Voting, Wm It Mvers. Aibsrille N W WoodCn, J F E Hardy, A S" Merri lnon. Salem Francis Fries, J G Lash, Rufus L Patterson. Greensboro S P Meudenball, J H Lindjey, John A Gilmer. Van- fii i!?'---Bedford Frown, Montfort Mi Gchee, Cal- in Graves. -Ilobt R LVidgers, JI T Clark, Robt Nor- iieet. y,uLrru A T Jerkins. George Green, J I) Whitford. KlizaL'th C'v W F Martin, John Fool, and Josiah $J T Graaberrv. " r. K. DICKINSON, 1 O. G. PARSLKV, t Sute Com V. WM. II. WRIGHT, J . The undersigned is appointed an Agent for the reception of subscriptions of ruch portion of their crops us the patriotic citizens of North Caiolina may lie able to invest in the bonds of the Confederate S'ates. The-e bonds have twenty years to run, and bear eighi per cent, interest, payable semi-annually. Among the advantages to the country from thij ar rangement may be stated the following: 1st. Ii offers the bcl investment in public securities, either North or South. 2d. It obviates any necesitr that tnav arise for a War Tax. 3d. It will prove to Europe and the world, not only ' our e.ctermir.tiou to sap-port the Gcvernment of the tm. . . .1 : i L . i . i t i uv untieiMgiicn earnesi v rcquesis inose 10 wnnni ue : .... v ... , KbC cZt rUktltPii (iilKcrrtt.tinn vairj s new Airor- tion to ;et them filled as soon as possible and leturned to him at Raleigh, N. G., where he w ili he jt'.ad to re- j ceive other subscriptions and to give further iuforuia- j tiou. if necessary. t n. K. I5URGWYN, Raleigh, .V. C. Governor Jackson has issued a call for the pi Legislature of Missouri to meet at Sarcoxie, (70 miles from Iron fccott,; to pass an uraiuancc ot Secession. Srirmr. or A TeaCE PETITION IN New York. ! On the 23th ult., a respectful petition to Presi dent Lincoln in favor of a general convention of the States, which had been signed by 700 persons, many of them Wall street brokers, was seized by the tolice. for the Uged reason that several of tt sifrnon n-i;riprl their names erased. On the o-- . . . -vat nn;nn wic .rrABtrl on a charge ! of treason for bavin"' circulated tho petition. ? And this is free government. WAB ITEMS. Tliere lias keen no fight as yet between Johnston and Cadwallader in Western Virginia. It ia stated that Johnston, in a note, invited Cad wallader to come out of Martinsburg, which invi- tation was declined. Johnston told him that he ; on n,n day of Way, 1861, commonly called the (Cadwallader) had a superior force (in numbers) j Stay Law," forbidding jury trials, and trials be and ouht, therefore, to be willing to give him a J fore Justices of the Peace, and the issuing of ex- Iair . "r- Johnston also told him that he had ' gentlemen to pit against his hirelings, and he did j not intend to expose them unnecessary. It was a 1 complete, a cowardly back-out on the part of Cad . waHa(cr j " A Icttnr .l.ifr-tl at Tseverlv. on th 7th inst.. gtates tliat on that day, near Gen. (Jarnett's camp . , .,. .-. -t . n i 0t wh,,ch Is tlrtJ VCrly, 311 engagement took place between the 1st Georgia Hegimcnt and a large body of Yankees. The Georgians killed CO or 70, and took a wagon and arms fb.lv one Georgian Was wounded. This news need confirmation. A private letter from Fairfax Court House, Va., sars: All the cuns and ammunition from Harpers rerry are now in lliclimonu. We can llichmond. We can take Alexandria at any time, but have not yet the force to hold it. Night before last, I was near enough to the enemy's camp to see the lights and hear the tattoo beat. Ten of us went after their sentinel l.nt could not srt hiin. Thp nntpr spii. tinel is not 100 yards from the camp. That infor mation 1 received irom a soldier who rode into their cuinp and captured a captain after running him a half a mile. I have seen the prisoner, lie is a fine looking man. We are advancing daily towards Alexandria, as the eneniv are retreating. Falls Church will be our next move, being only four miles off. J have seen over 25 prisoners pass through Fair r i- t i faX tor ""'Ond. Richmond, July 11. A centleman tvhn pft Winchester Tuesday night, says that Lincoln's forces at Martinsburg are reported to be 30,000. They are daily reinforced, with abundant artillery. 3iartinsburg is built upon a rock, and the build ings are mostly granite. The Lincolnites occupy Grafton, and from thence send reinforcements to Phillippa. Gen. Wise is at Charleston, Kanawha eo., Ya., near Guryev's Bridge, and the people are flocking to his standard. Hieil.MOND, July 10. The Adjutant-General of Virginia has is.-ued an order to commanders of regiments in Green, Orange, Madison, Culpeper, Rappahannock, Fauquier, Prince William, Lou don and Fairfax Counties to call out the entire militia force and report to Gen. lieauregard. A letter ju5t received from near Phillippa, states that. O. Jennings Wise's company, in a skirmish previously reported, killed a Federal Cap tain and nine or ten men, and took twenty-five prisoners. Difoffi f tin amonost North- Western troops. Cairo, 111., July Dth, 1SG1. Last Saturday and Sunday was occupied iu taking the votes of the regiments at that place, for three years troops. Cook's regiment gave 40; McArthur's 50; and Oglesby's 1 10 votes for three years, the balance of thee regiments were for disbanding. The re mainder of the 6 months regiments will show a similar unsatisfactory result. They have received no pay. j Washington, July 9. It is stated here that j Gov. Hicks, of Marj land, reports that the Seccsg ! ion feeling is strong on the Eastern Shore, and he wants reuerui troops to protect the Lnion men there. The Cabinet had a consultation to-day with Gen. Scott about sending troops to that portion of Mary land, but the result is not known. Mr Vallandigliam declared, in the Democratic caucus last night, that he preferred peace to the preservation of the Union by war. Col. Taylor has arrived in Washington with a flar of truce. A thousand rumors are afloat, in it reference to his mission, but it is believed that refers to an exchange of prisoners. The Ohio volunteers in Washington show their chivalry and respect for the free expression of opinion, by offering gross insults to Hon. C. L. Valandigham, the only man from their State who has the manliness to sfatid up and denounce the tyrannous utuipations of old Abe. FROM MISSOURI. Kansas City, July 10. The Fort Scott Dem ocrat, of the 7th, reports a battle between the Mis ourians under Gov. Jackson, and the Federals under Gen. Seigle, near Carthage. At the first onset, the Missourians were driven back. The officers ordered a retreat. The order was not heard on the wings, which advanced as the centre gave way, nearly surrounding the Fed eralists, who retreated. The fighting was mainly by artillery the Federalists retreated as the Mis .vourians advanced, and finally reached Carlisle, seven miles distant from the encampment. An attack on Seigle is reported, in which it is said Seigle retreated toward Sarcoxie. Jackson forti fied himself. Seigle's force was badly cut up. The loss is estimated at from three hundred to one thousand. On Friday, Gen. Price and Ben. MeCulloch ar rived at Xeosho, twenty miles South of Carthage, with 10,000 men. Two hundred Federalists were captured there. One report says that all were murdered; another states that only a small portion I were killed. MeCulloch sent 2,000 men to assist Jackson. Davidson College. At the regular annual meeting of the Trustees of this Institution on the 0th inst, Prof. J. 11 Blake, of Lagrange, Tcnn., a native of South Carolina, was elected to the chair : of Natural Philosophy and Astronomy. Mr Blake, should he accept this seat, as it is hoped, will be a most valuable acquisition to this College, the ex ercises of which, though temporarily interrupted by the recent public excitement, will be resumed ' in September. i The Trustees have also ordered that there should i hereafter be three examinations in a year in De- cetuber, March and just before the annual Corn- menccment in July. instructed to ., j e .1 . u . . riiriiio tli a irtminii or f n a i nli'-- nrnar:lnrr In v... ...v fc r.-r j lhcr improvements contempiatcu mere, An appropriation of five hundred dollars year was set aside for the purpose of enlarging the !,. n? , u i,1Wiv ,,lf,,iri W.th hmnn Li- j c Another Capture. The North Carolina wtPMinfr Window. Lieut Sewell (ommandinir. can- ., ,.ff l!.trr:.Q nn th 2d int. tli Rel.nr.i.rr ' Herbert Manton. of Barnstable, Mass. loaded ' - -. ! with 175 hce-sheads and 45 tierces of sui:ar, and 70 ho-sheads of molasses. The value of this car- j go Is estimated at net less than $30,000. This is j and consumated by a subsequent ordinance of the the third capture made by the steamer Wiuslow j Convention, by force of all acts done in reference in the course of the short time she has been sta- , to anJ anticipation of, tbe revolution, are rati tioued at Hatteras. Rakigh Rejitcr. j GcJ and confirmed as iucidents thereto. The Great Eastern brings intelligence of the most disastrous lire in London wlncn has occurred tor many generations, ine loss is estimated at over three millions pounds sterling. WKSTJ-HITST PEMOCEA.T, OHAELOTTE, DECISION ON THE STAY LAW. Pronounced unconstitutional by the Supreme Court of North Carolina. JOHN BARNES vs. JOHN T. BARNES, et aL The provision of the Act of Assembly, passed 1 ecutions. and sales under executions and deeds of ; trust, held to be unconstitutional and void j This was an action of Debt, tried before Heath ; j at the last Spring Term of AVilson Superior P to r Court. inuring tne penaency or tins case in uie supe rior Court, the defendants pleaded, since the last continuance, the following act of Assembly: AX A CT to provide against the sacrifice of properly and to suspend proceedings in certain case. Sbctiok 1, Be it enacted by the General Assembly of the State of North Carolina and it is hereby enacted by the authority of the same, That no execution of fieri facias or venditioni exponas founded upon a judgment in any suit or action for debts and demands due on bonds, i promissory notes, biili of exchange, covenants for the i Payment ot money, judgments, accounts, ana all other contracts for money demands, or contracts for specific articles, other than those upon official bonds or in favor ! of the State, or against nou-residents, shall be issued j from the passage of this cct, by any court of record or ' magistrate, for the sale of property, until otherwise I provided by law; nor shall there be any sales under deeds of trust or decrees, unless bv the consent of parties interested, until otherwise provided by law. Sec. 2. Where such executions have issued and are now in the hands of officers, whether levied or not, the officer having such executions shall return the same to the magistrate or court from whence they issued, with out further execution thereof, and executions upon the same judgments shall not issue again until the operation of this act ceases; Provided, That this act shall not be construed to discharge the lien which has already been acquired by taking out such execution. Sec. 3. There shall be no trials of any cases requir ing the intervention of a jury, nor upon warrants be fore a Justice of the Peace in any suit or action for debts or demands due on bonds, promissory notes, bills of exchange, covenants for the payment of money, judgments, accounts, and all other contracts for money demands, or contracts for specific articles. Sec. 4. This act shall not apply to liabilities upon the part of public officers, either to the State, counties, corporatians or individuals; nor to state, county or cor poration taxes; nor to debts hereafter contracted; nor to debts due the State, nor to debts due from non-residents, nor to the annual collection of interest; Provi ded, That no note, bill of acceptance, or other obliga tion, the consideration of which is any debt or obliga tion at present existing, shall be held or considered as a debt hereafter contracted. Skc. 5. The interest w hich has accrued since the first day of January, A. D. 1861, or which may hereafter accrue upon any bond or promissory note which was payable before the passage of this act. may be collect ed by action of debt or assumsit, before any justice of the peace, if the amount of interest sued for be within his jurisdiction, and if not, then in the county or su perior courts; Provided, however, That no warrant or suit shall be brought except for the interest of one year or more (always making an even number) by computing the time from the day when the interest upon such bond or promissory note began to accrue. Skc 6. That any person who is about to remove his property out of the State without the consent of his creditors, shall not be entitled to the benefit of this act. Sec. 7. That all mortgages and deeds in trust for the benefit of creditors hereafter executed, w hether regis tered or not, and all judgments confessed during the continuance of this act, shall be utterly void and of no effect. Sec 8. The time during which the law 13 in force shall not be computed in any case where the statute of limitations comes in question. Sec 9. That this act shall be in force from and after its ratification. Read three times and ratified in General Assembly, this 1 1th day of May, A. D., 1861. And on the cause being called for trial, defend ant's counsel urged the provisions of the said act, as a reason why he should not go to trial, and why judgment should not go against him. His honor overruled the objection aud ordered the trial to proceed, and on a verdict being rendered for the plaintiff, passed a judgment and ordered execu tion, from which the defendants appealed to this Court. Questions involving the constitutionality of the Stay Law arose at this term on motions for the issuing of executions on judgments in this Court, which are considered in the opinion of the Court. B. F. Moore, for the plaintiff. G V Strong for the defendants. By Pearson C. J. The plea, since the last continuance, by which the defendants claim the benefit of what is commonly called the " Stay Law," presents for our decision the question of the constitutionality of an act of the last session of the General Asssembly entitled "An Act to provide against the sacrifice of property and to suspend proceedings in certain cases." The same question was raised in every case decided at this term, whrre the judgment in the court below is affirmed, by motions for judgment, and that execu tion shall be issued. Whether, in the present condition of the coun try, the statute be expedient, is a question of which wc have no right to judge. Our province is to give judgment on the question of the consti tutional power of the Legislature to pass the statute. In the discharge of this dut', we are relieved, by the fact, that a question of such importance is not now presented for the first time, so as to put upon us the responsibility of making a decision on the strength of our own convictions; for we find that the Hue has been plainly marked, in fact "blazed out," by many previous adjudications, so that it can be easily followed, and all we have to do, is to make applications of well established principles. The right and the duty of this court to give judgment on the constitutional power of the Legis lature in making statutes, is established by so many elaborated opinions of this court, and of the Supreme Court of the United States, and of our sister States, as to make a further discufsion or citation of authorities a useless attempt at a dis play of learning: bo we assume that question to be settled. Our opinion is, that the statute under considera tion, so far as it opposes the right of the plaintiff to a judgment in the Cuirt below, or the motiong for a judgment in this court and for execution, is void and of no effect, because it is in violation of the Constitution of the United States, and of the Constitution of the Confederate States, which, in this respect, is the same, and, also, of the constitution of this State. 1st. It is patent, by the face of the statute, that it does "impair the obligation of contracts." This is settled. Jon is ts. Crittenden, 1 Car. Law Kept., 080. In that case the argument is exhausted, and we only add, "we concur in it." It is suggested that this case is distinguish- i able on the cround, that when the statute in i question was passed, the country was in a state of i -...,.. . - established revolution, or in a state ol "contemplat-; ed revolution, in reference to winch the JLcpwla- ,urc ctet, whch revolution has been carried out jnis proposition, nowever mucn weignt u may be entitled to in a political forum, cannot, bv reason 01 its generality, be appreciated by a legal tribunal, ana a tuina accustomed to the investigation ot i law, "grasps at it as at a shadow." But to avoid I a eomnlication of our question, we pass over the legal difficulty of the maxim: "that which is void cannot be confirmed," and let it be admitted, that nn the 20th of Mav. when the ordinance of the Convention, by which this State was withdrawn from the Government of the United States, went into effect, the statute under consideration was in fnl I force and effect, so far as restrictions bv the Constitution of the United States were concerned, In thfi patne manner and to the same extent as if the State of North Carolina had never been a mem ber of, or in any way connected with the Govern ment of the United States, so as to bring up the naked question, what was the legal effect of the ordinance adoptincr the Constitution of the provis ional government of the Confederate States, made 011 the came day, but some few hours after, the or dinance above referred to. The ordinance after wards passed by which the permanent Constitu tion was adopted. Here was a period, say seven hours, during all of which time the State of North Carolina, in reference to her connection either with the United States or the Confederate States, was absolutely sovereign, and the statute in ques tion, by the admission made for the sake of the argument, was in full force and effect. Is it not clear to the certainty of a demonstration, that the effect of an ordinance, adopting the Constitution of the Confederate States, which in express words provides, "No State shall pass any law impairing the obligation of contracts," was to abrogate or make void and of no effect, this short-lived statute, on the grouud that it was inconsistent with and in violation of the Constitution then adopted. The position that the words of the Constitution are, "No State shall pass any law," using the words in the future tense, therefore any law which had already been passed, although it impaired the obligation of contracts, was allowed to be in ope ration, is a play upon words, and is not worthy of the gravity of the subject. The evil which the Constitution intended to guard against at present, was not the act of pass ive such a law, tut the effect incident oj such a lau-; and iu respect to this, whether it was passed before or alter the adoption of the Constitution, was immaterial. In illustration, suppose dur ing its unfettered existence of scveu hours, the State had passed a law making tobacco a legal ten der in the payment of debts. After the adoption of the Constitution of the Confederate States, would tobacco have still continued to be a legal tender; most assuredly not, for the time of the passage of the law was immaterial If all laws either opposed to the express provisions of the Constitution then adopted were to continue in op eration because they had been passed beforehand all of the acts of tbe General Assembly should have been subjected to rigorous scrutiny before the State was admitted into the Confederacy. It is a well illustrated principle of constitutional law, that upon the adoption of a new Constitution or an amendment of the Constitution, any and all laws previously existing, are ipso facto, annulled and became void, so far as they are opposed to and conflict with the new or amended Constitution on the same reason that a statute repeals all stat utes previously enacted inconsistent with its pro visions, and a will revokes all former wills or an order from headquarters countermands one previ ously given, so far as it conflicts with its meaning and intention and obvious policy. 2. But apart from the Constitution of the Con federate States, we are of opinion that the statute is in plain violation of the Constitution of tbe State; on two grounds: 1st. "The declaration of rights" fixes the prin ciples of free government, by affirming in section 12, "no free man ought to be deprived of his life, liberty or property, but by the law of the land." It is settled that, by force of this section, the Legislature has not the power to deprive A of his horse and give it to B, or deprive E of his office and give it to C, or D of his debt and give it to F in other words, the Legislature cannot deprive a citizen of his vested rights or property. See Hoke vs. Henderson, 4 Dev. l,and the cases there cited. So the question is, can the Legislature de prive a citizen of his debt, which is a vested right and a part of his estate or property in the broad sense in which the word is used in the section above cited, including all rights of persons and rights of property, either by conferring the right on a third person, or by releasing it to the debtor, or by taking from the creditor the right to have judgment and execution for his debt according to the course of courts. Manifestly, if a creditor is deprived of his right to have judgment and execu tion for his debt, he is thereby deprived of his right to the debt, which consists in his right to enforce payment, and the ground of hope that this depriva tion is not absolute and perpetual, but only "until otherwise provided for by the law," which is held out by the wording of the statute, does not at all vary the question of power, because the power to deprive one of his debt for an infinite time is the same as the power to deprive him of it absolutely, and so far as the creditor is concerned, it makes no difference whether the debt be given to a third person or be released to the debtor; the violation of the rights of the creditor is the same, and tho power that can do the one can do the other. 2d. The statute is unconstitutional, because it violates the 5th section of the "declaration of rights." The Legislative, Executive, and supreme judicial powers of Government ought to be for ever distinct from each other. Suppose the Legislature should pass a statute that the Gov ernor in the recess of the General As sembly, shall not embody the militia of the county of Bowan, or shall not embody the militia of the State, or shall not do any act of his office, would "the Legislative and Executive powers of the Government bo kept separate and distinct from each other?" Or suppose the Legislature should pass a statute that the Supreme Court shall not j give judgment and issue execution in the ciso of Barnes vs. Barnes, or shall not give judgment or issue execution in any action for debts due on botids, promissory notes, &c, when in - the trial of the case, iu the court below, the instructions of a jury was required, or shall not give judgment and issue executions in any suit or action, founded eith- ; er on contract or tort, brought before it by appeals ' from the Superior Court, would the Legislative and Supreme judicial powers of Government be ; kept separate and distiuct? In other words, ! would not the assertion and exercise of this pow- er on the parr of the Legislature destroy the indc- j peudence of the executive and supreme judicial powers of the Government, and subvert the Gov- ! ernmeut established by the Constitution, by cen- j tering all powers in the legislative department, ! and making a despotism, instead of a free Govern ment, where the powers are divided, and civen to separate departments, each acting in its appropri- - , . . ate sphere, as a check on the ottierf Such, it seems to us, would be the result of the concession of the power assumed by the Legisla ture in the passage of the statute under considera tion. This result is not avoided by the fact that the restraint on the Courts is confined by the statute to action for debts and matters of contract, and that it is not absolute, but merely "until otherwise provided by law" for it is a question of power. u me legisiarure nas rue power to impose this restraint on the Courts until otherwise provided NV C. by law, it has the power to do so without the provision to remove the restraint when we have better times, and it shall be easier for men to pay their debts; and if it has the power to impose this restraint on the Courts in respect to matters of contract, it has the power to extend it to matters of tort, and then a man who is stronger than I may take away my negro or uiy horse, or drive me out of my house, and the laws of my country will give me no redress, because the temple of justice is closed. A power to suspend or to abolish the administration of justice cannot exist in a free government. Without law and tribunals to ad minister it, there can be no government; it is anarchy, which is worse than despotism ; and yet the power involved in the passage of the statute necessarily and by logical deduction, leads to that result. Unon the whole we are satisfied that without re ference to ihe Constitation of the United States, or to that of the Confederate States, our State Constitution gives ample protection to its citizens against all encroachments on the part of the legis lature upon the rights of property, and the reason why such prominence has been given to that clause of the Constitution of the United States, which prohibits laws impairing the obligation of contracts, is that the Courts found there a provision expressed in direct and positive terms, upon which it was more convenient to put their decision; that it was to refer to fundamental principles embraced in the Constitution of the several States, although not expressed in words so direct and positive; for in truth no government can be free, unless the consti tution provides for the protection of property, the due administration of the law and the independence of "the suDreme iudicial department." Let the r w , several motions for judgment ,and executions be allowed. Per Curiam. J udgment alarmed. If there be such a power in the Legislature, we are with all our boasted free institutions, infinitely behind the monarchy of England in respect to the protection of our rights of person and rights of: nroDertv. Blackstone. the learm-d commentator on the constitution and laws of i.naiaiid, in vol 1st, paire 102 says, '-a third subordinate risht 01 every Englishman is that of am ivln-x to the Courts j of justice for the redress of injuries. Since Ihe ; law in England is the supreme arbitor of every i man s life, liberty and property, courts of justice , must at all times be open to the suhject, and the ! law be. dul v administered therein. The emphatic j s 1 words of Magna Charta, are these, "' nryabimus : axit d ijj wbims rectum iu I ju s ttuim, and therefore every subject for injury done to him. in te.rrs in bonis, vel persona, by any other subject, be be ecclesiastical or temporal, without any exception, may take his remedy by course of the law, and have justice and right for the injury done to him, freely without 6ale, fully without any denial, and speedily without delay." Outrages of Yankee Troops. A correspon dent writes from Laurel Hill, near Phillippa, Bar bour county, Virginia, as follows: "The Northern troops are daily committing out rages which would disgrace savages. Females have been outraged, houses plundered and women and children driven from their homes. Yesterday without provocation, they shot Mr Banks Carlin, of Harrison county, because he was a Secessionist, and burned the barn and farm of Peter B. Wright cr, of Marion county, after having plundered it of all its effects. The "Union men" seem to vie with the Yan kees in their atrocities. A heavy retribution awaits them. Last week a body of them left Fair mount for Coons' Run, in Marion county, to ar rest some secessionists when the secessionists way laid them, firing upon them, killed four and wound ed others. The enemy fled, swearing vengeance. Would to God the people of Virginia would wage a guerilla warfare against this dastardly and savage foe. Every abolitionist should be made to feel the vengeance of an outraged people. Arrest of a Sltposed Spy. A man named Price, formerly of Rockingham, N. C, was arrested by Lieut. W. II. Coffin, and brought to this city, where he was handed over to the custody of Gov. Letcher. Price, it is said, was engaged not long since in tearing down a Confederate flag in .North Carolina, and latterly has visited Indiana, where he carried his slaves. He also visited at the same time Illinois. When arrested he had no baggage. He told Lieut. C. that he could travel anywhere in the North where he was well known. The Governor deferred his examination, and Price was held in custody. Richmond Dispatch. ID" The Magistrates of Mecklenburg County are requested to neet on Tuesday of County Court for the purpose of making an appropriation for the relief of fam.'lies of Volunteers in need. July 9, 1861 2t Slate of IVni'tli (.aroliua, Union co. Superior Court of Law Spring Term, 1861. W. H. Simpson, surviving Executor of Henry Chaney, vs. Allen Chaney and others. Petition for Settlement. It appearing to the sati.faction of the Court that Allen Chaney, one of the defendants, resides beyond the limits of this State, it is therefore ordered by the Court that publication be made for six week3 ia the Western Democrat, a paper published in tbe town of Charlotte, notifying the non-resident defendant that he be and appear before the Judge of our next Superior Court of Law to be held for the county of Union at the court-house iu Monroe, on the 10th Monday after the 4th Monday in August next, then and there to answer, plead or demur, or the case will be set for hearing, and judgment pro confeso entered, and the PlaintiiFs peti tion set for hearing. 72-Gw V. II. SIMPSON, Clerk. State of ftortli Carolina, Union ('. Superior Court of Law Spring Term, 1861. W. H. Simpson, Adm'r of Cath-.irinc Burnett v. Samuel L. Burnett and others. Petition for Settlement. It ar.rparinr t the . atisfiictiou i.f ih r,.rt ,.. Samuel L. Burnett, William I. Long, James Cinder and j wife Margaret, Ba bam C. Long. J'.l.n C. B. Long. Sus:in ' E. Long. Jacob V. Long. Heury N. Long, .md John M. I Harrison, reside beyond the limits .f ibis Stte, it is therefore ordered by the Court that publication be made i . . 4 U . . T. . .... - 1- -i.c 11 tMtra uemocnu, a paper published in the town of Charlotte for six weeks, notifying the said De fendants to be and appear before the judge of our next Superior Court of Law to be held for said county, at the court-house in Monroe, on the 10th Monday after the 4th Monday in Alienist neit. then and tlnr- t -,-..... plead or demur, or the case will be set for hearing and j judgment, pro coniesso entereu, ana tne rlaintiirs pti tion set for hearing. 72"6w W. II. SIMPSON, Clerk. 3 We are authorized to announce ! P. S. WHISNANT as a candidate for the office of Su- ' perior Court Clerk for Mecklenburg countv, at the ap proaching election. July 9, 1861 We are authorized to announce K. BEID ns a r.:inili('tp for i-e.lni.- .. I '-ii-.Muji 10 ine office of County Court Cleik of Mecklenburg county. Election on the first Thursday in August May 7, 1861. te-pd ScSr We are requested to announce j? ' KEIR as a candidate for re-election to the office of Superior Court Clerk of Mecklenburg eountr May 14, 1861. J' Solr We are authorized to announce AMZI FORD for re-election to the office of Countv ourt Clerk of Gaston county at the ensuing election. NOBTH CAROLINA ITEMs Killed by Lightning. On Tuesday ev last, we were visited by a heavy shower of"" two hours duration, accompanied by loud th .r,rl .?w,-r lio-htnino-, Mr H.mll... t .Nft j living about 8 miles west of this place' ' superintending his hands in covering hi8 ' wh ' in tht fiplrl was struck down, and ItilUj ' . instantl He was about 40 years of age, a good citizen an? clever man. Shelby Eagle. na Hung. A negro woman named Eliia a property of Mr. D. A. Jenkins, of Pleasant t.:. Gaston co., N. C, having been found guilty of? murder of a child of Mr. J. by poison, wagV on the 8th instant. Columbia Caroliuinn r ire on the jLtAiLROAD. it is reported til t.. v.;i. inf. h ofA n ln j ! n 1 ' -r- . ir . mo nam nuivu iw -.wv, v u.ouav mgr q. v n 1? :i ...... ,1 ,f fi -- tn. ,.. j . iaU i. . . yj. jLidi 1 1 uaU o uie iu ouiuc tv uou CODtlffiin to the Road, by sparks from the locomotive, occurred about two miles this side of Smiti,R.,f and about 200 yards of the rails were codsum The loss i reported to be about $1000. G'oJ boro Tribune. " Melancholy Accident. It becomes our duty to announce the death of one of our .forth citizens. Mr. Henry W. Fulenwider, a mercha of this place, while on a visit to Greenville, S. C was on the 4th inst. thrown from his buggy Det; the depot, and instantly killed his neck 'beit broken. Shelby Eagle. c Military Affairs. Colonel KirLland centlv commanding the CauiD of instructinn .. this place, was last week elected Colonel of the 1 1 tli Regiment Volunteers. Captain II. K. Burgwyn, Jr., of the 5th Stat troops, has been appointed to the command of the camp of instruction, vice Kirkland, with the racl one 01 .viator. Major Burgwyn, immediately on taking commit removed the camp from this city to an admira.. position in a pine grove, near Crabtree creek, where it is hoped the troops will be more health than wheu in the city. Raleigh Register. Call Meeting of Presbytery. At a call meeting of Concord Presbytery, held at Davidson College on the 10th inst., the Rev. Dr. Kirkp rick, President of Davidson College, was received as a member, transferred from the Presbytery of Charleston. The Presbytery nho adopted, unanimously, res olutions declaring the necessity of separating the Church from the General Assembly of the United States, and in favor of sending delegates to a Con vention to be held in Augusta, in December next, for the purpose of organizing a General Assemblj of the Confederate States. Salisbury 'akl man. B. 11. SMITH & CO, (successors to j. b. r. boom,) WHOLESALE AND RETAIL DEALERS IN BOOTS AND Leather, Calf-Skius and Shoe-FiiidinjJ CHARLOTTE, N. C. March 26, 1861. tf BOOT AND SHOE E I P O R I U II, Chsrlotte, N. C. ARE receiving a choice stock of Boots antl Sho'icfj' the best quality (warranted . which ther will sell at j r LOW PRICES FOR CASH, March 26th, 1861. tf High Point Female School, 11 1 .;ii roiivr, ft. . The Fall Session begins on the 5 111 of AnjU'l and closes December 20th, 1861." Hates peb Session: Board, includinp fuel and w ashing at $2 a week, $10 K Tuition, including Latin, French aud Sing ing,. $10 to 15 0 j Tiano or Gnitar, 20 OC j Wax-fruit or Embroiderj, 5W No incidental tax. ! Terms : Twent.v-five dollars in advance ; the balance at the close of the session. The Music Department will be under the control of Miss A. M. Hacev, whose long connection with Greent boro' Female College, and whose superiority as a M! Teacher, are well and widely known. All the Teaclif" are Southerners by birth and education, and are en tirely competent to their respective du'ies. The Ids"' tntion was never so worthy of patronage as it is n"- For a Circular, address S. LANDER, A. M., Principal- N. B. The "S. Lander" who has an appointment i the State Troops, is not the Principal, but his uep" July 2, 1861. lm-pd FOUKTI3I2KTII DIVIDEND Charlotte, a ltd S- C, Rsiilroiid CM Columbia, S C , June 26, lt.i The DIRECTORS of this Companr have declared DIVIDEND of $2.50 per ihare, to'bt paid 00 ,e first day of July next. 1 Payment will be madt to Stockholder! in cr' Carolina and Eastern York, S. C, by the Ageot Charlotte. Chester Stockholders will be paid ' office of the Agent at Chester. Those in Fairfie-'1 . the Agent in Winsboro. Charleston Storkbol1 ' the Bank of the State of South Carolina. And other at this office. C. BOUKNIGHT, Seertiary and Treasurer. July 2. 1861. 4 w. -sr . - 1 iu5i Fnm.wii.rf iu cnarioiie on weum-"".; June, a Mrmoranduni Book containing two Nfie'- " T 1 . I.... ... . ... 1 ' 4n ihe ' , - - . HI Ll'.-p- - on B. F. Britrcrs. dated ahrmt the ltsth June, l61. .' S'224 74, the other on Baxter & Co., dated J.( 1861, for $40 12. It also contained eevaral rece-P and a S. C. Bank note badly torn. AH ptr3"nl ,b, forewarned against, trading'for the N"ot 99 only authorized person to receive their value. A j, era! reward will be paid for the book and content ELI P- 'A I 1''" July 2. 1861. 3t Notice. aiM , From and after this day (1st of January, 18 ') will be pleased to sell our old friends and cuit and the rest of mankind, for ca.h, and cash only . any article in our line of business that we may Ypr hand. Any person sending or coming for GoO"? )6. this date, without money, will please excu.e stead of filling their order, we furnish t,iemj)lS(ii copy of this advertisement, as tee are determine sell a single article on credit. , tflCi Ev- And those indebted to ns are rcqstcti and pay, as wc waut the monev." .,,..ii5. OATES k WILLIA- January 1, 1861 tf WAITI.I, n;!. LBS. BACON. 20.()" "-V., COHN, for -M$ paia oy February 26, 1661 tf
The Charlotte Democrat (Charlotte, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
July 16, 1861, edition 1
2
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