North Carolina Newspapers

THE FIGHT AT CHICKAMACOMICO. 3Ir Chaffin, a member of Capt. Kennedy's com tanv. the Mechanic's Guard, now forming a part frvl Shaw's rpn-impnf. nt Ttnnnnke Island, ar- ! w vyv. K,t'"" " ri j - , cqvs rived here on a visit last Friday. He reports that 3 ' . . . Ihe health of the Company is pretty good, though . Amid the confusion and uncertainty of conflict . , J J a ' i i I inn rewrf. f,r-,ii(ht nv nassen?ers and letters bv many have had measles. Unlv one man is oaa sick, a m Stoncr, who has typhoid fever. The ' ... . Onard was in the ex pedition to Chickamacomico -1 1 I TT. CM T , Aeacu. lie nays u. ouaw regiuicui n eouth of the enemy s encampment to cut on Ins i... : :u ... i j m.- ' i 4U J-t,.- -...;-t rrpnr. in mrr iiniipms mir imiim it nuijufiuii; i u nun i iiiii. iiit' iiit'ii i uni fii iiit.it lhc naici nui J ' - the island; but as the water increased in depth as they approached the shore, they had to give it up. iA Show efnrtPi? frr.m the ktMmr in a ski3". but eeinjr all his men in the water, he too, plunged in, ... word in Land, and all did their best o cet a o 1 ----ii - - Had it hern norfsible for Jol. Shaw and his regiment to land, the expedi- i panies of the regimeuts from Alabama, Florida, lion would have secuied at least 800 prisoners. j Ueorgia, Louisiana, and Mississippi; no full com f!.,l AVrinrl.t. of the tlcoriria regiment, was more ! lanv beinz taken, except, perhaps, the Clinch fortunate, and effected a landing north of the enemy's encampment. The Colonel of the Van- i : . .1 : 1 fi,..u w m t ri'iri ini' 1 1 1 iirrw 1111 im t r I ' 1 1 ui iiiiir in 1 1 : i I I 1 1 . i if intending to fight, but told them ff j: 1 ..t i.l 1 t.i that every is the first man must take care of himself. lie was jnan to strike a trot, and his men were not slow to follow his example. Col. Wright found only 12 hrave fellows willing to dispute his landing. They fought like heroes. One of them was killed, four vere taken prisoners, and the remainder of the 12 escaped. Col. Wright found a horse on the island, which he resolved to use to pursue the flying cnem'. lie had neither saddle nor bridle, but getting a piece of rope, he put it in the horse's mouth, and tieing it back of his ears, formed what answered for a bridle. lie then mounted him, and was in a fair way to try his bottom; but one of the 12 fighting lankess, not then subdued, Aimed a ball so well at him as to kill his horse. Nevertheless, the pursuit went on, and Mr Chaffin pays the Colonel's men brought in 50 prisoners. "They followed the enemy to within six or seven pillcs of Fort Ilatteras. Mr Chaffin confirms the reported capture of valuable camp stores, but says the enemy had no cannon ; and that it is not true that we took a thousand stand of arms. Salis Zury W'titcfintan. - - - THE LATE NAVAL EXPLOIT. tw Oui.kans, Oct. 14. The expedition un cler Commander Hollins consisted of the Manassa (the iron-clad marine battering ram) with one 4-poundcr Dahlgrcn gun ; the steamer Calhoun, the flag-ship,) with one 24-poundcr and two 2K-pounder lahlgrecn guns; the steamer Ivey, with one eight-inch 32-poundcr, rifled; the fitcaruer Mcllae, with a G4-pounder mounted on a jiivot, four 8-inch columbiads, and a 24-pounder, Tifled; the steamer Tuscamra, with one 8-inch .columbiad, and a o2-pounder, rifled ; and the cut ter I'iekens, M-ith an 8-inch columbiad and four .-24-pound carrnnades. The blockaders had the Richmond, Vincennes, l'reble, Water Witch, and the schooner Joseph 11. Toonc in all ."3 guns On Friday nij:ht last, our fleet started from Fort Jackson, the Manassa leading the way. The night was intensely dark, and the Manassas ran into a vessel, striking her near the bow, and cut ting into her upwards of twenty feet. Appalling shrieks were heard aboard the doomed ship; signal rockets were fired ; the enemy beat to quarters, nnd a perfect iron hail fell upon and around the Manassa, during which her machinery became de ranged. The Tuscarora and the Watson came up with firc-barpes, which had been cut loose and pet adrift on the stream. When the morning came our fleet commenced to pursue the retreating enemy, and a heavy can nonading began, which lasted till eipht o'clock. Several shots from the Yankees were badly aimed, us they did not touch one of our vessels. When the firing ended the fleet returned to the city with the prize schooner Joseph II. Toone, loaded with coal, and which hrd been deserted during the night. A large quantity of lumber, which had been intended for the construction of a fortifica tion at the head of the Passes, was captured. The prizes captured were the Joseph II. Toone, and a launch belonging to the federal steamer Richmond. The vess d s ink issnppised to be the l'reble, but there is some uncertainty about it. SOUTHERN COMMERCIAL CONVEK TION. At the Commercial and Cotton Planter's Con vention which met in Macon, tJa., ot. the 14th inst., about 501.1 delegates were present from nine States. Mr A O Andrews, of Charleston, S. C, was elected permanent President of the Convention, and Messrs. It II Maury of Va., W A Rerry of N. ('., C li Lamar of (la., P Hubbard of Ala.. (J 15 Sammey of Miss., J I l)eRow of La., Saml Tate of Tcnn., and J T Myrick of Fla., were elected Vice Presidents. The Convention adopted with great enthusiasm a resolution recommending Congress to suspend the collection of import duties, and throw our ports open to free trade with all nations who main tain peace with us. A resolution was passed requesting Congress to ultcr and adjust the coins, weights, and measures to decimal rates. A series of resolutions were adopted upon the Sequestration Act, recommending that no payment of debts sequestered be required during the war; and that claims lor indemnity and indebtedness due the North be allowed as a set-off; and that the courts be empowered in certain eases to nmdify the retractive effect of the bill ; and that the property of Northern residents laboring under dis abilities of coverture or infancy be exempted. The President appointed a committee from Charleston, Savannah and Mobile to examine into the plan of a marine steam battering ram sub mitted by J. R. Rutts of TJeorgia. Macon, Oct. 17. The Convention, on Wednes day evening, passed the following resolutions: To sequestrate the projerty of such alien enemies as have sons in the Confederate army, for the bent fit of the sons. Approving the plan of the marine battering ram, invented by J. R. Rutts, and recom mending it to the Confederate States, and that a subscription be opened in the Convention to put it in operation. Declaring the importance of opening railway communication with the coal and iron mines of North Carolina. Declaring that return cargoes of our produce should be furnished vessels bringing goods from foreign ports, but no .accumulation of produce or stocks should be allow, ed in our sea-ports. Requiring the Post Office Department to establish postal relations with European Governments as soon as possible, The Convention, after adopting some other.un important resolutions, adjourned at half-past 10 ,o!cloek. to. meet in Montgomery on the first Monday in May, 1862. A good sicy. -The Augusta.(Ga) cotton state iment shows that 1200 .bales of .cotton were taken .by the factories in the neighborhood of Augusta ;for home use, where there was not .a bale .takes .last year. This looks auspicious. EXPEDITION TO SANTA ROSA ISLAND. The Montgomery (Ala.) Advertiser, of Friday, i -b -r', 'u-o---y 0 : . . " ... . . . i- i .. : mS s, w.-wV, u ' . I t.,ir.inrr inulhincr gnnrng'hinor ro. f ui ...0 ri - ? .i W' irtimfitc p hnnovor fminH I lr - - ..:.. u Ju . i on a Deaceful mission, from whom we received a i . ... connected accuuut. Ills account is substantially i. ! On Tuesday night, about 12 o'clock, some j twelve or fifteen hundred of our men, uuder cum- j maud of IjriL'adier ueneral Anderson, crossed 4 ii . i . t i . tue bay m two siuau sicamers auu scows anacneu . - .... i l i to them, llie mu were pickeu seuerallv from '. fourteen to seventeen in number from the coni- Jiifles, from Georgia. The party disembarked from I a poiut opposite l'ensacola, near Santa ltosa Island, ih,nt ti.. nn irnin i'irt t'lekpns. i nr hpii , .wuw uv m i .... , .. Bu,.. YuA tn ot...1a ynd SOUK ! had to wade, and some of them to swim, to reach j the beach. Some of their cartridges, iVc , got wet. Lauded on the Island, they were divided into two squads, one proceeding directly across to the southern beach, beyond Rilly Wilson's camp, and the other marched down the northern beach, op posite each other. They killed the sentries a they went, some six in number, spiked the guns, set fire to the cabins in which the Zouaves M-ere camped, and shot them as they ran out. All agree that the Zouaves ran incontinently for Fort Pick ens. They rarely looked back or stopped to fire at our boys, but shot as they ran. They had thrown up some sand-banks, but none of their big guns were mounted. Our men took over a goodly quantity of rat-tail files, with which they securely spiked every gun except two. They burnt all the houses and stores, except the hospital. 1 lie only lormiuaoic resistance was irom some U. S. regulars, sent out from Fort Pickens to re deem the ground which the cowardly Zouaves hud abandoned. The regulars, however finding our force larger than they had expected, seemed to have become panic stricken, and retreated Until our men were in the aet of returning from the island, in obedience to the signal from the Navy Yard. They then advanced and fired deliberately at our men, huddled up in the boats and did them more damage than ihey had received during the fight on the island. It was at this time that (re n. Anderson was wounded in the arm. Two or three r V'rCe mg, irom .. runs were also tired at them when crossin Fort Pickens, without effect. Our men supplied themselves well with small arms that they took from the enemy. They also killed one negro and captured another. Seventeen prisoners were seen that they brought back; how many, if any more, is not known. One account said the notorious Colonel Rilly Wilson, had made a straight run from his morgue to the Fort. Another account f '10m one of the captured prison ers stated that he had not slept at camp that night us usual, having remained at Fort I'iekens. All statements from our men who participated agree that they killed between two or three hundred of the Yankees. Our loss in killed and missing is forty, and thirty-five wounded, five of whom died yesterday. Most of our losses in the skirmish are attributed to cross firing, when our men were shoot ing at the Zouaves from opposite sides, and to their not bein" able to distinguish the badge of their comrades in the darkness of the night, and shooting one another. Lieut. Sayre, when seen last, was on the beach, in a wounded condition. His friends who had him in charge had carried him two or three miles, and were finally compelled to leave him to save themselves. He had requested them to do so previously, but they clung to him to the last moment, and then put a coat under his head for a pillow. He was shot in the thigh, and was much exhausted from bleeding. He fought gallantly as long as he could. It is supposed he was taken prisoner in this helpless condition by the Yan kees, ('apt. Nelms, of one of the Georgia com panies was killed, whose death wis greatly regret ted. Notwithstanding the unfortunate accidents referred to occasioning the death of so many of our brave soldiers, the object of the expedition was completely accomplished, and the result was highly satisfactory' and inspiriting to the officers and men of our army. The only object contempla ted was the bieaking up of Rilly Wilson's camp, and not the taking of Fort Pickens. This was done completely. No artillery was taken over only small arms, pick-axes, fire-balls, and files. A reserve force, composed of the re mainder of the 5th Georgia Regiment, had started over to reinforce our men, when the signals were fired by General Rragg for the body on the island to return. It was about 9 o'clock in the morning; they had been entirely successful, and, being in danger of being surrounded by the fleet and the force at Fort I'iekens, it was thought prudent for the troops to recross the Ray. Major Yodges, one of the ''distinguished" Yankee prisoners taken, told our officers that Coloned Rrown, the comman der at Fort Pickens, was to opeu his batteries on them yesterday or last night; but, up to 9 o'clock, when the train left, no demonstration had been made. Our wounded were being well cared for by the ladies of Pensacola. Hie Pensacola Observer contains the corres pondence between Col. Rrown, in command at Fort Pickens, and Gen. Rragg commander of the Confederate forces at l'ensacola, relative to the hospital at the Navy-Yard. Col. Rrown says be notices a large yellow flag on the building in the line of his batteries, and says it may be used as a protection for Confederate troops, and gives notice to (Jen. Rragg to have all the women, children, and sick removed. Gen Rragg replies that the building now used as a hospital has always been used a such, and he intends to continue using it for that purpose. He will respect Col. Rrown's hospital, even though the Federal guns are directed to the destruction of the Confederate hospital. Gen. Rragg says he will hold Col. Rrown responsible before the world lor any injury to his hospital Pensacola, Oct. 15. A flag of truce was sent from lort J ickens, to inform Gen. Rragg 1 that the prisoners would be sent to New York on ' Sunday. Gen. Rragg sent the Paymaster over, ! ... J w ' mil.. ... j i. . i .. r..n i. . r : jnv me uivn iu iuii iui mu icmuiiiuvi ui their term. The Rermuda's Cargo. The following is given as the principal part of the cargo which this vessel recently brought from Kngland to Sa vaunah: 6,000 Knfield rifles, 20 rifled cannous, 84-pounders, 60,000 blankets, 50.000 pairs of shoes, 20,000 soldiers jackets, 1,000,000 rifle car tridges, aud a large quantity of unfixed ammuni tion. This adventure was got up by enterprising mer clants in Savannah and Charleston, who sent agents to Europe to make the needful ar rangements for its success, and we are gratified to learn that the enterprise has proved very profit able to, them as well as beneficial to .the public service.. THE WESTEEN DEMOCEAT, CHAELOTTE, THE STAY LAW. The Fayettevllle Observer says the following article was written by a gentleman who is both a Lawyer and a Statesman. From the Observer. The Stay Law. Every law of this kind is based on the idea that whenever parties shall make . -i. 11 t ,i;n;.,u . - wUvi " f -',;r; " Trf rni it nhon Ills rituo CnmPS Tiir 1 11 1 il 1 111 pn I, , - - i fimvpt thin it. was vrb.An the cnnirsCt was inadft. ' : ... j ,v, I L j V .1, . l 1; h terpose and give a longer time to the obligor than . . ; was a-rced on between the parties, tor the per i ' 1 I,. A 1. i I l,n I nit htnrn i - must necessarily be the judge whether, fiom scarcity of money or other cause, performance is more difficult, at the maturity of the contract, .i . i . t i . it. i non tr nrnc an r.ruiuoi i rri hp uiipii ii h n in was ""i 7; where owinj; , , , . abundance of money or other cause, it is easier . i ... ' f !, I .i i i i i f , mj .... .J.L r,fi;,..,) hv tha mlp Br.oM not work both ways. If this power exists in the Legislature, and ought to be exercised, there is no limit to its exercise, excepting the legislative will. If it may postpone payment for a year, it may postpone for five, ten. or fifty years. It is con tended by some, that so many evils grow out of what is called the credit system, that Society would be benefitted by a total abolition of credit, by allowing a creditor no remedy against a default ing debtor. It is difficult to conceive how any rational mind can arrive at this conclusion, since every one must know, that from the very nature of man, civilized or savage, there will exist some degree of confidence between man and man, and that he who promises should be made to perforin. Stay laws were generally enacted during the Rev olutionary war. Our ancestors therefore had the benefit of experience as to their effect. The result of that experience was the clause in the Constitu tion of the U. S. which is retained hi the Confcd ate Constitution prohibiting any State from pass ing any law "'impairing the obligation of con tracts." This prohibition applies as well to a stute of war as to a state of peace. Notwithstand ing this prohibition, growing out of the bitter j ' ei'-llt;,,;u ui lllc iwvoiuiiuiiaiy aiay lavva, lit nit; i 1 very next war, only some tweuty-nve yeirs alter i the adoption of this salutary provision of the Con stitution, the General Assembly of North Caroli na, in the year 1812, passed an act providing that any Court, rendering judgment against a debtor for a debt or damages between the olst of Decem ber in that year and 1st of February 1S14, shall j stay the same until the first term or session of the . (,t defcnjant's nivin., iwn W!i..I.Ipn spnnritips TI. la nt : giving two freeholders as securities, llus act, in the case of Jones vs Crittenden, 1 Car. L. R: p 385, was declared unconstitutional. It is refresh ing to read the opinion of Chief Justice Taylor in this case. It exhibits the purity and elevated conscientiousness of the utan, the elegance, per spicuity and force of juridical style, and profound statesmanship. The act was declared unconstitu tional. In this decision there has been universal acquiescence; but in the session of lbGO-til, before war commenced, an attempt wus made to pass an other stay law; and at the extra session one was passed, which at the June Term of the Supreme court was declared unconstitutional. At the second extra session, commencing in August last, a joint select committee was appointed, who seem to have exercised their wits how to enact a law intended effectually to hinder creditors and impair contracts, in such shape that the Supreme Court, in which there is still respect for the Constitution, should not be able to declare it void. Their study seem ed to be, not how to pass a constitutional law on the subject, but how to evade the Supreme Court and at the same time, in spirit and effect, to vio late the Constitution by giving longer time to debtors without, any security to creditors, thereby j impairing the contract in a much greater degree I thau did the act of 1812. It is conceded that the Legislature may consti- j tutio nally alter and reform the judicial system J and the rules of pleading in order to improve and facilitate the administration of justice a power which has been often exercised in abolishing ju- ry trials in many of the County Courts of this State. I his has been done generally in Counties where there was little litigation, and the Superior Courts were supposed to be sufficient to try all the jury cases. In these counties one of the ejects or i incidents of abolishing the County Courts was to ! delay creditors, but such was was not the uhject or design. This committee resolved to pass a stay laic unuer me specious title oi "a Lull to ciiange the iurisdictiou of the Courts and the rules pleading therein" and so to frame it that the Supreme Court could not judicially see that it was a stay law under the guise of an act to improve the administration of justice and here let me iuote a few passages from the opinion of the Supreme Court, delivered by Judge Taylor, in the 1 case to which 1 have relet red, bearing directly on ' this plan ot evasion: An argument urged and much relied on by the de fendant's counsel is, that the law in question bears on ly on the remedy, and is therefore within the sphere of! legislative authority. Uut if in so doing it violates the ; constitution, is it not less invtlid, that if it directly! touched and annulled the right. Kvery one will agree, that a law, which should deny to all creditors the right , oi insutuiiiig me .icuoii oi ucui. covenant, assumpsit, i or a bill of Chanccrv, would invade the Constitution: but a law which should limit the recurery of all debts j to so short a period after its passage, that it would be i impoi.Mhie, according to the course of she Courts, to ' obtain a judgment, would ulso be null and void. Though such hiws, ostensibly, bear only on the reme dy yet they do, in reality, annihilate the right. The law before u?, it is conceded, does not go to lhe cxUnt of either instance, yet it certainly diminishes the im- j portance and value of the right. It is ditiicult to con ceive how a law could otherwise impair an existing right than by withholding the remedy, which is iii ef fect to suspend the right.'' 'The undoubted right of the Legislature to alter and reform the judicial system, may, it is said, produce de lay in the execution of a contract, equal to that which rwsults from the present law, and it is urged that all such nets must, upon the same principle, be declared unconstitutional." 'We cannot acquiesce in the final coucIumou drawn from these premises, which, without hesitation, we ac knowledge to be correct." All such laws, the Legislature has an unquestiona ble right to enact, a right which the people have never surrrciidered, and the excuse ot which is not forbidden b-v l,"e '""i101'011 ot the United States." , 'l1'"1 J1.1""" h.J iJertd. Jj"" primary and t9. ientml ofiret tf all such laws. I.t the. nrnnn.tuin nt t .,. - . . " nnitittration a. , i . ., ... .. .. . delay grow out ot them: it anything that bears the resemblance of the violation f -m.tr:,-t f..ll..w ;.. , (! c, j uuiu.icrmciu ana iMproiimriit. ' their train, it is merely the unintended incident and come- : quence of the exercise ot a lairjul authority. It m different seriously proposed the total abolition OI the Su vitk the l-jw betore u,- its very desiyn, as expressed In the ' prerac Court the one suggesting, and the other Zd "vetiAUt ''Uai"t UhiCh coattituiiun ha 'VfS- I actually introducing a bill for that purpose. It is, i in substance, a plan to inaugurate anarchy, accord Now our act docs not, like the act of 1812, ex- ! ing to law. press its design by its title, but purposely and j Do the great masses of the people suppose this disenycniously expresses a design, not in the con- i is a measure calculated or intended to relieve the teuiplation of a member who voted for it. Every ! soldiers ? I have not met with one of them so body knew and admitted it was a stay law, with a j stupid as to entertain this belief. They all know fraudulent title to prevent the Supreme Court j it may help the unscrupulous speculator who owes from judicially seeing its true design and yet j to laborers and others immense sums of money, every member is bound by his oath to observe the ! If he can postpone or defeat the payment of his Constitution, equally with the Judges of the Su preme Court. The Constitution of the Confeder- crate States, adopted in anticipation of immediate war, contains the same identical prohibition. . Some, if not all, the advocates of the bill, con ceded that in spirit and design it violated the Constitution; but they insisted, that if such a law were not enacted, soldiers could not be found to leave their homes and fight the battles of their I country, if the Sbylocks left behind might seize ! and sell their property and leave their wives and children without house or home and when these orators, on this or anv other subiect. touched thi3 1 theme, a truly brave soldier, it he had been pre , , , , .. , t lL , V i r ' sent, would have been disgusted at the windy lau- dation bestowed upon poor soldiers. Every brave ; man in the held knows well that his countrymen, 1 left at home, are too manly to allow his property to be sacrificed under the Sheriffs hammer, while . lie is iaciuiT uur cuuuijuii cuuujy. iuc oijiuiucui 1. ( . It a man iment made w rests on the assumption that our army is the contrary very many of them are dependent ou 1 J y , c ! the collection of debts due them, to support their : families and pay their own debts. Undercolor f piotectihg the soldier, who neither of protecting the soldier, who neither needs nor asks for auy such protection, that innumerable class of debtors, who never pay until they are co erced, will alone be gratified, I will not say ben efitted, for I think it will generally be ruinous to them. They will have to pay their taxes. The stay law committee, having their eyes steadily fix ed on the magnificent idea of inventing a mode of violating the Constitution, not to be reached by the Supreme Court, actually reported their bill so as to hinder the Sheriff from collecting taxes. This was afterwards amended by the insertion of the act, so that now, property may be sold to pay taxes to the State or county aud also the direct tax to the Confederate Government. At these sales it will be reputable for Shylock or anybody else to bid and buy and with the stay law in force, men, not remarkable for punctuality, can borrow no money, no matter what property they have. The Gth section of the act provides that "in all cases in which judgments have been heretofore taken in either the Superior or County Courts, and upon which executions have issued, it shall be the duty of the Sheriff or other officer in whose hands such executions have been placed for col lection to endorse a levy upon the property of the defendant or defendants, sufficient to satisfy the same, and return such execution, without mak ing sale; and upon return it shall be the duty of the clerk to issue a venditioni exponas, or firi facias, at the election of the plaintiff, returnable to that term of the succeeding Court which is held 12 months from the teste of such venditioni exponas, ! .or3fili lacias; a,jd liat al! aliaf ?,xf judgments heretofore taken shall be i in like manner. executions upou returnable This section plainly impairs the validity of a contract, and no court can hesitate to declare it un constitutional. Rut even if it were constitution al, it will not give the relief intended. It was in teuded to give the defendant, in executions which had issued at the time the act passed, 12 more months alter the return of such executions. Here tofore a levy on chattel property meant a seizure by the sheriff. Ry this act I suppose the sheriff is not to take the property levied on in his posses sion, lie can't taken bond with security for the forthcoming of the property, because he can't, with the ti. fa. now in his hands, under this law fix the day of sale. I suppose the construction will be that he is to endorse a levy on a horse or other chattel, as he heretofore levied on land, leaving the property in possession of .the defend ant. On the return of this levy an order of sale issues, returnable 12 months after its teste. At any time during the 12 months, after advertise ment, the sheriff may sell -and if the property disappear, any time after the ven. expo, reaches the sheriff's hands, the sheriff will be liable on his official bond. Self protection will compel sheriff's to sell without delay, instead of forbearing to act for 12 months, in the mean time being in effect surety for the decendant. The same observations apply to alias executions issued by Justices of the Peace on existing Judgments and as to all judgments - on which no execution had issued at the passage of the act, they are left out of its ope ration, and the plaiutiff may issue his execution and collect his money as heretofore. The act makes no provision to hinder a sale under a deed of trust or mortgage. Under the operations of this act, the Judges of the Superior Courts perform but half the services uu "1' v-ouru, pei om ',ctotore required of them, while they receive the same salary as heretofore. In all the counties j where the County Courts heretofore had a jury for the trial of civil suits, the whole business of six . , ijuuaj u iiiiuvtu uiuii oiiu icim oi iuc ouueiioi i pniffis : . l ... . ! . . . . nt' i . . . o ....... c , court, it is oovious tnat no suit commtnenced alter the passage of this act could ordinarily be tried short of seven years after its commencement. The strenuous advocates of this bill insisted that the popular idea which must guide all our actions, even though it should bring us in conflict with the constitution, is the defence of the coun try against our wicked and infatuated enemies: that a stay law was indispensible to our defence and was consequently a military necessity. This is a most delusive and dangerous argument. Hith erto it has been the pride and boast of the south, that we were conducting this war with strict ad herence to the great radical principles of constitu tional liberty while our adversaries, under the i -r. t 1 7 j- """"Vi ourTltoi he wnt of habeas corpus, muzzled the press, and i" ways without number disregarded the great fundamental principles of free government SO Sac- redly observed by the Rritish Government. Let every man who would preserve order and good government indignantly frown on this mou- j strous violation of the constitution under Lincolu's J pretext that a great military necessity compels us ; to disregard the constitution. No such necessity j exists. Even a stay law such as that of 1812, ; would derange the general business of society. ; The assertion of the principle in any shape, that the General Assembly may at its pleasure, inter ; pose between contracting parties and alter their contracts, deranges society, and consequently j ict(f,ens, instead of strengthening the country for ! military defence. Rut our law is the most a born i- liable intervention to make an effectual stay law, ! which ever entered the head of sane men. It ; makes a large stride in the direction of abolishing j the judicial branch of the government, and conse J qutntly annihilating civil government: for of what use are laws, without courts and judges to intornrof o.,,l tU 9 n v i pi i. aim duiuunsii:! ilium . l nu UIMIII i i o i i i- i . P'hcd fccnators, Cadi holdlti-' a lucrative DOSl t'uU the litary department of the government, ! ueoia, ii win uc convenient. 10 mm. uut every poor man knows that his credit is invaluable to j,ui. : . : 1 1 i . , - i . 2ST. O. him. He knows that this law destroys his credit rx t foil to see the wisdom ot tnose wno in serted in the Constitution of the United States rtnt;nnAd in th.fi Constitution ot the Conied OMtA States, the nrovision prohibiting the Legisla t from altering the bargains made between man and man. The Constitution makes contracts to Tiav monev as unalterable as the contract by which man and wife take each other for better or for worse. When a man promises to pay money at a future day, he makes the promise subject to nil intprvenincr contingencies. Rut it niav be asked, what is the use of dis cussing this question now, the General Assembly having adiourned. and the winter term of the Supreme Court being abolished, what earthly remedy is there? It is feared none of the circuit judges will have independence to disregard the act on account of its palpable unconstitutionality and if thev feel at liberty to aet on it in rerer ence to mere expediency, they may deem it best to throw the responsibility on the i?upreme tourt The best way to get rid of this ruinous law, is for the people in every county in the fctate to memo nalize the Convention to repeal it. Ji.vcry pru dent man in the State knows that no lll-bloo ought to be got up between the Convention and the General Assembly. The people ought there fore, in event counts, to petition the Convention to repeal it. 'Such petitions need not go into the the reasoning. They should be short, lhe Joi lowing would answer: "The undersigned, citizens of county, respect. f.illy petition the Convention to meet in K.ilcigu in November next, to repeal the Act of the last General Assembly, entitled 'An Act to change the jurisdiction of the Courts and the rules of pleading therein,' gen erally known as the btay Law." If such memorials be sent up, that wise body can repeal this act, without incurring the ire of the General Assembly. JURIS AMICUS. THE PEOPLE'S WAR. Governments usually make the wars, and the people who fight have really no animosity for those against whom they are contending. Rut in tats war, every Southern man is animated with feelings of hatred and revenge. It is the People s ar. Every soldier on our side fights with the alacrity ot one avenging a personal insult ana injury. Not only all the blood, but all the wealth of the South, is freely offered in such a holy cause. We learn from the passport office, that on Saturday no less than 172,000 worth of clothing arrived for the army voluntary contributions from the men and women at their homes in the various States; and we learn from the same source, that probably 2,000,000 worth are coming on. And, after the army is abundantly clad, then abundance of food will be forwarded. If the Yankees could only witness the magnifi cent spectacle presented by a united people, they would despair. There is not a man, woman or child in the South, that would not prefer death to subjugation. We learn, also, that the people are unanimous for Davis and Stephens, and will freely offer themselves and their all in the war of inde pendence. Rut the patriotism and liberality of the people will do more. They will break up the monopoli zing extortioners, aud make clothing and food a drug in the maiket. Many a speculator will be a bankrupt in less than ninety days. Rich. Whig. Court of Magistrates and Freeholders. A Court of Magistrates and Freeholders was held on Tuesday, the 8th inst,, at the store-house on the premises of Maj. Nelson Rell, in this Dis trict, for the trial of Prusilla, a slave, the property of James L. Reed, Fsq., charged with administer ing poison to her master, and with committing divers other misdemeanors. The poisoning was proved, but there seemed to be doubt as to the criminal intent. The verdict of the jury was, that the prisoner be sent back to jail, to remain five weeks, and to receive five hundred lashes one hundred per week during her confinement. Lancaster Ledger. A White Man Murdered by a Free Negro. TVie Murderer Hung. We learn by a private l-.i P ll'rn l . , -. . jener irom w iiKcsnoro tnat on tne 1st instant a number of men in Wilkes county attempted to press a free negro by the name of Fletcher into the army as a servant The negro fled, was pur sued and caught. He then drew a pistol and shot his capturer, a Mr. Carrender, through, killing him instantly. He was then carried to Wilkes boro and lodged in jail. On the following Thurs day, the 3rd, an excited crowd gathered at the jail, and took the negro out and hung him until he was dead. Raleigh Register. THE MAGISTRATES of Mccklen- burg county are requested to meet nt the Court House in Charlotte on Tuesday of County Court, being the 20th day of October. A full attendance is neeessarv as important business in regard to the Soldiers' Pvelief Fund is to he transacted. W.M. MAXWELL, Oct 8, 1861 3t Chairman. PROCLAMATION. In pursuance and by virtue of a resolution of the General Assembly of North Carolina, I, Henry T. Clark, Governor ex-ofiicio of paid State, do here by notify and require all male citizens of this State, now in the enemy's country of the United States, to re turn to North Carolina, where their allegiance is justly due, uithin thirty dayt from the thttr hereof; and I do hereby declare as an alien enemy, subject to nil th painr, penalties anl forfeiture which are or may be in curred by an alien enemy, every person failing to obey the requirement! of thi Proclamation, except lie be a oldicr in the army of the Confederate States, or som one of them, or iu prison, or detained by force 11 KN II V T. CLARK, Governor, ex-officio. Executive Department. Raleigh, Oct. I, 18G1. FACTORY FOR SALE. The undersigned propose to sell, at a low price nnd upon liberal credit, their COTTON FACTORY, locat ed on the South Fork of the Catawba River. The ma chinery is comparatively new and ir. good order for work. The water power is good and the buildings ample, and a good FLOURING MILL attached. The principal machinery consists of l3oo spindles 9 cards, 26 looms, and all the machinery to work the eanie- J. E. B. STOWE. Oct 8, 1861 lm. Stowesville, N. C. I take pleasure in informing my friends and patroni of this town and neighborhood that I have returned to Charlotte and resumed my former business. In consideration of the exisiing pressure of the times I shall limit my term? of tuition (in town) on the Piano to $30, for the full Session of 40 weeks or 15 for the half Session of 20 weeks. " I have a fine stock of sheet music on hand and will atteud punctually to all orders in that line as also to Tuning, Repairing and Sale of Piano?. Address orders through the post-office. CHARLES O. PAPE. Wanted to purchase, a second-hand Piano Oct R. 1861. BITTER ! BUTTER ! ! ne rimiest casn market prices will be paid for Butter. Eggs, Poultry, Ac, at Sept 24, 1861 "A LM ER'S Varity Store. BRpGAIVS, BROGAftS! 2,000 pairs Negro Brogsns, just received, and for hT JAS. HART7. Oct 1, 1861 3t J6-After a careful examination of theStT Law, and after consultation with others in ' judgment we confide, we are satisfied that if8 tains no provision preventing our Judges frora i' pointing special terms of the Superior Court That provision of the act abolishing one term f the Superior Courts we presume is constitutional as the Legislature had a right to do this, but th special act authorizing Judges to apoin', sneci'l terms is not repealed. Would it not be well' the for our Judges to appoint special terms of th Superior Court for every county, to be held in spring at the same time the regular terms would be held were it not for the provision of the Sta Law? If this is done it will, we doubt not, meet the wishes of the people. And as none of th circuits are yet over, these special terms can be appointed for those counties in which the Fall Courts have already been held. Greensboro Pat ' It is reported that Wise's Legion is ordered to N. Carolina. We believe that the report is fouod. ed upon fact. At any rate if not already ordered we know that it has been in contemplation to order it here. Gen. WiSe's health is not any bet ter. He is in Richmond almost despaired of.-, Vil. Journal. 11 K. SMITH & CO., V (Sl'CCESSORS TO J. B. T. BOOXK,) WHOLESALE AND RETAIL DEALERS IN BOOTS AND Leather, Calf-Skius and Shoe-Finding CHARLOTTE, IV. C. March 26, 1861. tf BOOT AND SHOE EMPORIUM Charlotte, N. C. 3a w AUK, receiving a choice tock of Boots and Shofi of the best quality (warranted) which they will sell at LOW PRICES FOR March 2Cth, 18C1. tf SAIT KEF. SUBSISTENCE DEPARTMENT, Raleigh, Sept 20, 1 861. S led Proposals will be receiver! nt this oftic. for the eltvery of SALT BEEF, according to the follow- in tiMil;itions: Tlie Beef must be from well-fatted Cattle, slaughtered nfter the 20th of October, and weighing not less thao 300 pound. Tbe legs nnd leg-rounds of the hind-quarten, nj the shins, and at least six rounds of the neck end of each fore-quarter must be excluded from each barral, and the remainder of the carcass, instead of being tut with a cleaver, mu$t be cut with a saw and knife, to gW the meat n square, neat and smooth appearance, iu pieces of not less than six pounds, nor more than tm wtinds. The Beef must be salted at the rate of on buihelof pure Turk's Island Salt, or 1 bushels of Liverpool Salt, and 2 ounces of pulverized Salt-petre to ertrr 200 pounds, exclusive of a pickle to be madt from fresh water, as strong ns salt will make it, and mint be perfectly bright nnd clear. Th is Department will furnish alt to contractors at cost and charges, if d sired. The Beef must be put in barrels; the barrcli muit be tight and well coopered; the nett weight of Beef nnd tho contractor's name marked on each barrel. Tho Beef will be inspected by inspecting officers, to b ap pointed by this Department, at the point of deliffry. Two securities will ue required in iums equal to tut amount of the contract. JOHN DKVEREUX, Oct 1 3t Corn, of Sub. Vinegar, Candles and Soap SUBSISTENCE DEPARTMENT, ) Ralkioh, Sept. 21, 1861. Th undersigned is desirous of purchasing a larp lot of these articles for the use of the Troops. Appli cation may be made to him. or to anv ont of th Agents engaged in purchasing for the Stale. JOHN DKVEREII, Oct 1 3t Com. of Su. Qcaktkr Master's Department, ) Halkioii, N. C, Oct. 7, 1861 j To all Whom it vvni Concern: Notice is hereby given, that all eoods affected by the Proclamations issued by his Excellency Got. If. T. Clark, dated Raleigh, September 13th and October 3d, lSbl, which were bona Jule purchased and nnid fur, or shipped prior to the 10th October inst., are exempted from all restrictions under said Proclamations, and sll Agents will hereafter be governed by thu order i W stoppage of the same in transitu. By order of the Adjutant General. JOHN DEVEREUX, Capt. nnd Asst. Quartermaster N. C. Arm. October 15, 186!. 86-2t. IYOTICI2. Having taken letters testamentary from the Coontj Court of Union county, on tho estate of Philip Condor, deceased, we will expose to public sale on the 24th d of October, 1861, the following articles of property be longing to said estate, viz: a Negro Girl and Child, W bushels Corn, 40 bus. Oats, 125 dozen sheave 0ti, 4 head Horses, 2 Mule Colts, a fine lot of cattle and ihP. and a number of hogs. Sale to begin nt 10 o'clock, when and where the terms will be made known. J. CONDER, Uxt 3t pd WM. CONDER, Oct 1 DIES WANTED. Th Book Accounts of J. A. FOX, and alio thoM of J. M. HOWIE, contracted in the Foundry busineii, in my hands for settlement and collection. 'o else has authority in the latter case. Those interest" will act wisely to heed this notice before the 10tb e October proximo. A. C. WILLIAMSON, "ept 17, 1861 Atiorntf. w V.Ac R. RAILROAD CO. STOCKHOLDERS' MEETING. The regular annual meeting of the Stockholder! o' the Wilmington, Charlotte k Rutherfordton IUiIro Company, will be held in the town of Charlotte on tb fourth Wednesday ii, October next, the same being 23d day of the month. County Agent? unable to tend shoujd not fail to have the County Stock repre sented by proxy to insure, a quorum. This is the uor necessary as very many of our Stockholder bv tered the army and will be necessarily absent. Sept 24, 1861 5t jj. GUION, Vtci't- Stale of Xorth Carolina Gaston county Court cf Pleas and Quarter Sersioni Aug. Term, J81, David Friday and Marion Friday vs. John C Snii'h " wife Elizabeth, Jacob Link and wife Margaret, JeB Sammey and wife Mary. Dcvisavet vel non. It appearing to the satisfaction of the Court tb Jacob Sammey and wife Mary, two of the Defendant in the above case, reside bevond the limits of thi Statfc It is therefoie ordered by the Court that publication M made in the Western Democrat, a paper published the town of Charlotte, for eix weeks successively, cffl manding the said Jacob Sarumey and wife Mary to pear at the next term of this Court to be held for county of Gaston, at the Court-House in Dallas, on third Monday in February next, then and there to m themselves party defendants, or judgment pro confe" will be entered against theia. Witness, W. D Glenn, Clerk of said Court, at om in Dallas, the 3d Monday in August, 1861. 84-6t pr adv C W. D. GLENN, PI"'