t.m i In
WJI. J. YATES, Editor and Proprietor.
Term of Subscription Three Doj.labs, in advance.
CHARLOTTE, N. C, TUESDAY, OCTOBER 6, 1868.
SEVENTEENTH VOLUME K U EI B E II 83D
THE
"Western Democrat
PUBLISHED BY
WILLIAM J. YATES, Editor and Proprietor.
Teiuh Three Dollars per annum in. adrance.
Advertisements will be inserted at reasonable
rates, or in accordance with contract.
Oliituary not ices of over five lines in length will
be charged for at advertising rates.
CHARLOTTE HOTEL,
CHARLOTTE, N. C.
This first class and well known House, formerly
kept by Maj. J. B. KERR, having been recently re
paired and refurnished in every department, is now
open and ready to receive puests.
The Table is unsurpassed, and in point of conve
nience and comfort the House is not excelled bv any
iu the City. ' W. W. II ART,
February 17, 18C8. Tioprietor.
Robert Gibbon, M. D.,
PHYSICIAN AND SURGEON,
Trion Street, Charlotte, N. C.,p
OiTicp and Residence, one door south old State Bank,
(foiinerly Win. Johnston's residence).
.hin l, w. y
J. P. McCombs, M. D.,
OiT'Ts his professional services to the citizens of
'harlot tc tmil surrounding country. All calls, both
lru'it ami day, promptly attended to.
Oiiice No. 0 Granite Row, up stairs, opposite the
Man-ion House.
January -7, 18C8.
A. W. ALEXANDER,
Surgeon Dentist,
CHARLOTTE, N. C.
(O'Jiit in the Brawley Building, opposite the Charlotte
V " Hotel.)
Can be consulted on Tuesdays, Wednesdays,
ThiirfJ ays and Fridays.
March 1808.
Dr. JOHN H. McADEN,
Wholesale and Retail Druggist,
CHARLOTTE, X. C,
Ha? on hand a large and well selected stock of TURK
IiuL'uS. Chemical, 1'attnt Medicines, Family Mcdi-ciiii-.t,
1'aiuts, Oils, Varnishes, Dye Stuffs, Fancy and
Articles, which he id determined to sell at tho
very lowest prices.
May -';, 1N37.
DENTISTRY.
Traywick & Bland,
Having formed a co-partnership, tender their profes
; , . m ; 1 s Tvici's to the public at large. Their oflice will
1: oji mi t'ro'ii S a rn. to 0 p. rn., and either of them
c 11 visit patients at their residences when called.
!ilk-i n a i- the (ourt House, Tra Ic Street.
August !0, l.SfjS.
PRACTICAL
Watch and Clock Maker,
AXO HEALER IS
JEWELRY, FIXE WATCHES, CLOCKS,
Watch Materia!, Spectacles, j c.
Aug. 10, 1SC7. CHARLOTTE, N.C.
WANTED.
i'vory person who desires Cheap Goods and Good
Onois. i-s wanted at Springs' Corner, where, for the
nou thirty days. 1 will sell at a slight advance over
N'",v York cost the remainder of my well selected
Sjring and Summer stock.
Great Bargains in Millinery,
Lrtilies" ISonneis and Hats, trimmed and untrimmed.
Uarg-ains in Summer Dross Goods. Bargains in
Slim, and iu Gents" Ready-made Clothing for Sum
ni r wear.
tJou's' Hits, Hardware, Sec, &c.
Aug. 10, 18(38. A. SINCLAIR.
ANOTHER NEW STORE.
Mr MURRAY, DAVIS & CO.,
Ha ve opened a new Grocery Store in Bryce's Build
ing, and invite attention to their
Stock of Groceries.
They keep a supply of everything usually found in
a (I ropery Store and wanted by farmers, such as
Sugar, Coffee, Salt and Iron,
Cotton Yarn, Molasses, Fish,
Shovels, Spades, Forks, &c,
Crockery and Wooden Ware,
Irish Potatoes, Meal and Corn.
Purchasers are requested to call and examine this
stock and prices.
voTroduce will be bought or taken in exchange
for Groceries, or received on consignment for sale.
Particular attention will be paid to the sale of Cotton,
Corn, Flour, Ac, that may be sent to our care.
J. W. Ale MURRAY,
March Ifi, 18G8. J. N. DAYIS & CO.
A. HALES,
Watchmaker and Jeweler,
A'ext Door to the Mansion House, Cn ahlotte, N. C.
If your Watch, needs Repairing,
Don t get mad and go to swearing;
Just take it into HALES' shop.
He will fix it so it will not stop.
He warrants his work all for a year.
When it is used with proper care.
He will do it as lo w as it cau be done,
And do it so well it's sure to run.
January 1, 18GS. y
NEW ARRIVALS
At J. Kuck & Co's Grocery Store.
5,000 r0lXDS KvFco5?OUNTUN
1,()0 Pounds Baltimore Bacon,
2" Sacks of Rio Coffee,
50 Sacks Salt, common to fine,
50 Boxes of superior Star Candles,
o Tierces of Sugar Cured Hams,
2-" Barrels of Sugar, all grades,
10 Hogsheads of Molasses,
10 Barrels of Svrup.
March 30, 1S0S. At 3. KUCK & CO'S.
Fresh Rice.
Prime Carolina Rice at
Juiy i7, lbGS. MSBET & MAXWELL'S-
Sugar,
All grade?, at MSBET & MAXWELL'S.
July 27, 1808.
Preserves.
A fresh lot of Ginger Preserves at
July 27, 1S68, N1SBET & MAXWELL'S.
A Wealthy Congregation. The Jewish
Messenger says that at the auction sale of pews
in' the new Temple Emanuel, in New York, the
amount received reached about $750,000. The
trustees expected a pre-emption of 80,000, but
it amounted to $200,000. The highest price
paid was $4, GOO, the purchaser selecting the
pew directly in front of the pulpit. . The other
members paid various sums, ranging from $4,
C00 to $5. The appraised value of the pews
was $600,000, there being twenty at $4,000
each. Many of theeats were sold at a compara
tively low price, the trustees very properly de
clining to neglect the claims of the poorer mem
bers. The lowest priced pews were sold for
$300, accommodating seven occupants each. . By
this sale the Temple stands free from debt, and
with a sinking fund of one hundred thousand
dollars.
REMOVAL! REMOVAL ! !
Important Notice.
IL. M . P II E LPS
Has the honor to inform his friends end the public
that on account of an enlargement in his business, he
lias found it necessary to remove from his old stand,
opposite the Court House, and that he can now be
found at the handsome and commodious
STOREROOM OX TRADE STREET,
Next to STENIIOUSE, MACAULAT & CO., where
he will be pleased to receive his old friends, ensuring
them the same attention and treatment they have
always received at his old quarters. His stock of
SPRING AND SUMMER GOODS now in store will
compare favorably with any in this or any Southern
City, and will be sold at
Considerably Reduced Figures
In order to make room for his Fall stock.
A full assortment of Dry Goods and Domestics,
Dress Goods and White Goods, Clothing, Cassimercs
and Jeans.
A well assorted stock of MILLINERY in all its
branches.
Groceries, Hats, Boots and Shoes,
Notions, Hardware, &c , &c.
Jgf, Remember the place.
II. M. PIIELrS,
next to Stenhouse, Macaulay A Co's,
At the stand formerly occupied by the Farmers &
Mechanics' Association.
Wall Papering.
Just received 1,000 pieces of Wall Papering. Also,
100 pieces Bordering Paper, 200 pair Window Cur
tains, 100 Fire Screens, &.c , for sale at New York
prices. II. M. THELrS.
August 10, 18G8.
DISSOLUTION.
The firm of JOHNSTON & ELLIOTT is this day
dissolved by mutual consent. Allclaims against the
firm will be settled by S. 11. Johnston.
S. R. JOHNSTON.
Sept 11, 18G8. J. A. ELLIOTT.
S. RUFUS JOHNSTON, having purchased the en
tire interest of J. A. Elliott in the City Book Store,
will continue the business in his owu name; and in
extending many thanks for such a liberal portion of
patronage, he will take great pleasure in serving all
who may favor him with a call in future.
Sept 14, ISoS. S. RUFUS JOHNSTON.
Receiving daily at S. Grose & Co's,
A select stock of Groceries recently purchased, which
we offer very low. Call and examine our Goods be
fore you purchase. S. GROSE & CO.,
Trade Street, nearly opposite the Post Office.
Hams and Syrup.
A choice lot of Sugar Cured Hams, and Maryland
Golden Syrup and New Orleans (new crop) Syrup,
at S. GROSE & CO S.
Wanted,
oOO Bushels of ONIONS, at
Sept. 7, 1808.
S. GROSE & CO S.
BOOTS AND SHOES.
S. B. Meacham,
(The first Shoe House below the Firat Xalional Bank,)
Has just received one of the largest stocks of
Boots and Shoes, Leather,
SHOE-FINDINGS, BELTING, &c.
Ever brought to this market, and which will be sold
as low as at any house in the South.
His goods are warranted as represented. Prices
will be made to suit purchasers.
Call at Meachani's Shoe Store, just below
the new Bank Building and examine goods and prices.
Sept. 7, 18J8.
Charlotte Female Institute,
CHARLOTTE, N. O.
The next Session will commence on the 1st October,
1868, and continue until COth of June, 18G9.
The Session is divided into two terms of 20 weeks
each, and pupils can be entered for either the whole
session or for one term.
OFFICERS AND INSTRUCTORS:
Rev. R. Bcewell, Principal, and Instructor in Mental
and Moral Philosophy and Mathematics.
John B. 1'ubwell, A. M., Natural Philosophy,
Chemistry and Ancient Languages.
Mrs. M. A. Bi rweli., English Branches and Super
intendent of Social Duties.
Mrs. Sallt C. White, English Branches.
Miss Margaret T. Long, English Branches and
French.
Mrs. A. C. Tattox, English Branches and Music on
Piano.
rnoF. A. Bacmaxn, Tocal and Instrumental Music.
Mrs. Jtlia. C. Pattox, Music on Piano.
Prof. R. E. Pigcet, Drawing, Painting and Modern
Languages.
Expenses per Term of 20 Weeks T
Board (with every expense, fuel, lights, wash
ing, &..,) with tuition in English Branches, $150.00
Tuition, day scholars. Primary Department, 20.00
" " Collegiate " 2r.-.00
Music, Ancient and Modern Languages, Drawing and
Painting, extra, at usual charges.
For Circular and Catalogue containing full partic
ulars a to terms, &c , address
Rev. IL BUR WELL & SON,
July 27, 1SG8. Charlotte, N. C.
. a
Pictures ! Pictures 1 1
The undersigned Photographic Artist, of Baltimore,
Md , calls the attention of his friends, and the public
in general, to his newly opened PHOTOGRAPH and
A.MBROTYPE GALLERY, where he is now pre
pared to take A No. 1 Pictures of each and of every
style and finish. Satisfaction guaranteed in every
Picture. Copies taken from the smallest into the
largest portrait. Also pictures neatly fitted in Rings,
Breastpins and Lockets. All I ask is, "give me a
trial."
N. B. Parties desiring to learn the trade and art
of taking Pictures can do so by applying to
HENRY BAU.MGARTEN,
Charlotte, N. C.
rhotograph Gallery over James Harty's Store,
Feb 24, 18US. Next door to Court-house.
Blank Writs,
New Form) printed to order at tins Office.
The Herring Torture in Russia.
M. Ejnile Andreoli, who took part in the last
Polish insurrection, and on his capture by the
Russians was sentenedd. to twelve years' im
prisonment in Siberia, has just published in the
Revue Moderne the first part of his prison re
collections, in which he describes what he calls
the herring torture, practiced by the Russian
police. lie says :
I knew .several who underwent the latter, and
they told me that nothing could compare with
the sufferings they endured. They were con
fined in a well-warmed apartment, salted herring
with bread and water for the first few days be
ing their only food. If they refused to answer
the questions of the examining commissioners
the bread was first of all withdrawn, and then
the water, whereupon the torture of intense
thirst commenced, depriving the sufferer of all
moral strength, and even making him abandon
the resolution which he had formed to die.
Very rarely did any one remain, mute when
brought before the commissioners a second time.
The sittings were usually at night, in a splen
didly lighted apartment with refreshments of all
kinds temptingly displayed on the side tables.
The president would usually be most gracious.
"I3y-and-by," he would say, "we will, if you
like, ask you to have something to drink with
us." The fever and the vertigo caused the
prisoners to lose their reason, and they generally
yielded. Hunger would not have brought
about the same result as thirst, which loosens
the tongue even far more readily than drunken
ness does.
We Keep the Best of Everything in our Line.
CARSON & GRIER
Arc now receiving their Fall Stock, embracing a full
line of Groceries, &c, &c, to which the attention of
buyers is desired.
A lot of prime Northern Red and White Wheat for
seed. Also, a fresh supply of new crop Clover Seed.
The best English Dairy, Nutmeg, Cheshire and
Factory Cheese.
Prime Canvass and Country Hams and Sides.
Family Flour, Corn, Cornmeal, Seed Oats, &c.
Spices, Preserves, Pickles, Teas. Soap, Candles,
Powder, Shot and Caps, Tobacco, &c.
FARMER'S HARDWARE,
And a fine assortment of Wooden Ware.
48 inch Bagging, Waley & Beard's Buckle Ties.
Bale Yarn, Domestics, &c, &c.
A largo lot of
Hemlock Leather,
And in fact everything iu our line of business.
These goods are all paid for, and will be sold for
Cash on such terms as cannot fail to give satisfaction.
Wo return our thanks to the many friends who
have stood by us the first year of our business, and
hope to be able to retain them and make many con
verts during the year to come by close attention to
business.
Sept 21, 18C8 4w CARSON & GRIER.
CHILLS CURED !
No Cure no Pay!!
I have obtained a remedy that I think cannot be
surpassed. If you have l.ttlc or much money it is
well to spend it where there is no risk to run. The
ingredients arc innocent, and the price only 50 cents
a box. If the directions given are strictly followed,
and the first box does not cure, a second will be given
gratuitously; and if that does not have the desired
effect the half dollar paid will be refunded.
W e have not yet heard of one single failure since
we commenced to sell them.
JOHN F. BUTT, at his New Store,
on Church St., near the Statesville It. R. Bridge.
Sept 21, 18G8.
NEW STOCK OP GROCERIES.
Hammond & McLaughlin,
At Ontes' Comer.)
nave received a full stock of new Groceries, consist
ing in part of
A large lot of Bagging.
Iron Cotton Ties and Rope,
Sugar, Coffee and Tea,
Moiasses, Iron and Nails,
Salt, Leather of "all sorts.
Anything and everything in the Grocery line may
be found at their Store.
iiammond & Mclaughlin.
Sept 14, 18G8.
REMOVAL.
We have removed our stock of Groceries to that
new and handsome Corner Store "Grays Building,"
Corner Trnde and Church Street, nearly opposite
the Court House, where, in additton to our choice
stock of Family Groceries now on hand we will be
receiving in a few days a very large and carefully
selected stock of good
Family Groceries,
To which we most respectfully invite the inspection
fall our old, and as many new customers as may be
pleased to call on us.
We will .make it to your interest to give us a call
before purchasing.
Sept. 14, lbbS W. W. GRIER & Co.
Concord Mills.
Having opened a House in Charlotte, near the
Post Oflice, for the sale of our own manufactured
goods, we invite the attention of merchants and
others to our YARNS. SHEETINGS, SH1BTINGS,
OSNABERGS, CARPET CHAIN, STOCKING
YARNS, &c, &c.
jpggf- Cotton taken in exchange for Goods. We
sell low for Cash.
j. Mcdonald & sons,
August 12, 1867. Concord, N. C.
State of North Carolina, Catawba county.
Superior Court of Law Fall Term,: 1S08.
Peter Mostcllcr, et. a!., vs. William Mull, el. al.
Petition for Partition.
It appearing to the satisfaction of the Court, that
Eli Mull, one of the defendants in this case, resides
beyond the limits of this State, it is ordered that
publication be made for six weeks in the 'V"estern
Democrat," (a weekly paper published in the City of
Charlotte, N. C.,) notifying said defendant to be and
appear at our next Superior Court of Law, to be
held for the couuly of Catawba, at the Court House
in Newton, on the first Monday in March next, then
and there to answer or demur to plaintiff's petition,
otherwise the same will be heard and granted.
YVitness, Miles O Sherrill, Clerk of our said Su
perior Court, at office the lt Monday in September,
A. D., 180S. MILES O. SlIEURILL, Clerk.
37-Cw pr. adv. $10.
The City Bank of Charlotte
Solicits the Accounts of businessmen and others, and
promises satisfaction.
July 6, 186S. W. A. WILLIAMS, Cashier.
Bank Money.
The highest market price paid for old Bank Notes,
and order for the same solicited, at the City Bank
of Charlotte. V. A. ILLIAlIb,
Julr P. iSfig. Cashier
' :
Speech- of Hon. William H. Battle,
Late Associate Justice of the Supreme Court of
K'r.tl. . t Tim c , iojl
18(58.
FelloiQ Citizens : Many of .you are aware
that. I was, by appointment, to have addressed
you two weeks ago upon the great topics which
now agitate the country. You are aware, too,
that I was prevented from doing so by a sad
eventwhich deprived the State of one of her
ablest and most useful citizens, and me of a
valued and life-long friend. I am grateful to
the kind Providence which has permitted me to
fulfia promise which I made to appear before
you ffc-day, I thank you for coming out to hear
rne.'Jfj. esteem it as a high compliment that you
haveoneso; particularly as, in doing it, you
have had to neglect your agricultural labors at
this busy season of the year. I must return my
thanks to the ladies, also, for honoring me by
their presence. "Whether it proceeds from a
sounder judgment or a more delicate instinct,
the. fact is certain, that the ladies are generally
on the right side; and it must be a great support
to any public speaker to find himself encouraged
by their presence and cheered by their smiles.-
T his occasion, felloe-citizens is ne of no or
dinary interest, f isgreat crisis in the life
of the nation. -3frl6re than three years have
elapsed since the close of the late civil war, and
yet the country is in a state of confusion and
alarm. Complaints of injustice and oppression
are heard on every side. Many of us feel our
selves deprived of our just rights and privileges,
and there is more or less of distrust and un
quietness prevailing everywhere throughout the
land. Why is this so? is the great question
which I nave to discuss; and I think I can deui
oustrate'to your entire satisfaction, that it has
been caused by the so-called laws which are
generally known as the Reconstruction Acts of
Congress Those measures I believe to be un-.
constitutional, and. therefore, null and void, and
I now tike upon myself the task of proving them
to be so
At the close of the late war, when the armies
under Generals Lee and Johnson had surren
dered, a great question was presented, as to how
the Southern States were to be restored to their
former condition in the Union. The task of ac
complishing this was certainly one of the great
est magnitude, but to a mind unmoved by pas
sion, ano unbiassed by prejudice, it presented no
very formidable obstacle. The President of the
United States, in all his proclamations and other
public acts, and Congress in. all its laws and reso
lutions, had declared that the war was waged on
their part solely for the purpose of suppressing
the rebellion, and repudiated again and again
the idea :hat it was a war for conquest. Hav
ing these things in view, General Sherman con
cluded a Convention with Gen. Joseph E. John
son, which, if it had been approved and ratified
by the -Administration, would bare restored nil
the States lately in revolt, at once, to theirfurmer
relations to the Government. And all this would
have been effected without the slightest violation
of the Constitution of either the United States
or of the States. Conventions would have been
immediately Called together in the several States
by the proper authorities thereof, such changes
in their respective Constitutions, in relation to
the abolition of slavery, and in such other par
ticulars as the General Government had a right
to require, would have been adopted, and the
whole'country would long since have been paci
fied, and would now be enjoying a state of com
parative peace and prosperity. In proposing his
plan, Gtn. Sherman exhibited the highest quali
ties ofstatesmanship; and he, in my estimation,
deserres the high credit of having seen more ;
clearly than any other man the wants of the
country, and the measures by which those wants
could be met. Unfortuuately, the scheme pro
posed by this great statesman for the pacification
of the country, though it was in exact accord
ance with the often expressed purpose of the
President and Congress in their efforts to sup
press the rebellion, was not approved by the
Administration, in consequence of which another
plau had to be devised and carried into effect.
That plan comprised the measures, which, as you
all know, were adopted by President Johnson
and his Cabinet for the re-organizution of the
States lately in revolt.
So far as North Carolina was concerned, "Wil
liam W. Ilolden was appointed Provisional Gov
ernor. Through his agency, a Convention of
the people was called. Amendments to the
Constitution, in which were inserted all the chan
ges demanded by the United States government,
were framed, and submitted to and ratified by the
people. It was then generally supposed every
where, and by all parties, that North Carolina
was once more a State in the Union, and as such
invested with all the powers, rights and privile
ges eujoyed by any otSier State. The Provis
ional Governor, Holdcn, and all the other public
men and authorities of the State, undoubtedly
so considered it. Mr Iloldeu became a candi
date for election as Governor, and had he been
successful, I shrewdly suspect that we should
never have heard of his doubling the right un
der which he would then have held the office.
The Judges of the Supreme Court' certainly did
not doubt the authority under which they were
elcctejd, or thatthey were Judges of a State, in
full communion with every other State. This
can be shou by the highest evidence, the evi
dence of their own" Judicial decisions.
At January Terui, 1SC7, the case of Ilitghcs,
ex parte, was brought before the Court upon a
writ of habeas corpus. Seel Phil. Rep., 57.
The facts were that Hughes had gone to the
istate of New York, and had, in one of the Courts
of that State, been indicted for the offence of
cheating by false pretenses, and had fled to this
State.. The Governor, who was a member of the
Radical party, demanded him as a fugitive from
justice, of Jonathan Worth, as Governor of the
State of North Carolina. Under the warrant of
Gov. Worth, Hughes was arrested by the She
riff of Granville county, whereupon he sued out
the writ of habeas corpus, and had it made re
turnable before the Supreme Court. One of the
questions discussed by Pearson, Chief Justice,
in delivering the opinion of the court, was,
whether Jonathan .Worth was the rightful Gov
ernor of a State in the Union. The judge ar
gued ably and elaborately to show that Presi
dent Johnson, alone, had full power and author
ity to adopt the measures which he did for the
restoration of the State, and that th ose measures
had had the effect intended; aad that,cousequcnt-
ly, North Carolina was once more invested with
all the rights and powers of one of the States of
the United States. But, upon the supposition
of some persons, that the concurrence " of Con
gress was necessary to give validity to the action
of the President, the Chief Justice went on. to
say, as follows: ''Whether the act of the Presi
dent was one which required the concurrence
of Congress is a question into which we need
not enter; for, taking it to be so, Congress
has, in many ways, recognized and confirmed
the action of the President in regard to
the re-organization of the State government
by filling its offices. No other need be referred
to than the joint resolution by which certain
amendments to the Constitution of the United
States.are proposed to the Legislature of the
State "bf'North Carolina, for adoption or rejection.
thereby recognizing the Legislature as a lawful
body, and, of course, recognizing, in like manner,
the Convention, under whose authority the mem
bers of the Legislature were elected, &c. &c."
Here, then, is a clearly expressed opinion of
the bupreme Court that Worth Carolina was, in
January, 18G7, a "State" in the Union. ' This
must have been so, otherwise the Court did an
act of gross injustice in ordering Hughes to be
delivered up to the agent of the Governor of New
York for the purpose of being carried back to
that State. Art 4, sec. 2, par. 2, provides that
"A person charged in any State with treason,
felony or other crime, who shall flee from justice
and baibund in another State, shall on demand
of the Executive authority of the State from
which he fled, be delivered up, to be removed J
to the btate having jurisdiction of the crime.
It is thus seen that the Constitution of the
United States confines its provision for the sur
render of fugitives from justice to cases occur
ring between the several States, and neither had
the Governor of New York a right to demand
nor the Governor of North Carolina a right to
surrender, Hughes, unless North Carolina, had
been as much a State as New York
That North Carolina had been completely re
organized as a State, in January, 1867, was also
settled by the case of the State vs Bell, 1 Phil.
Rep. 76, in which the question was whether the
Convention which sat in October, 1805, had the
power to tax Merchants who did business in the
town of Beaufort between the 1st day of January,
1865, and the close of the war in April or May
of that year. Beaufort was at that time in pos
session of the Federal forces, and the decision
turned upon the question whether the capture
and occupation of the town was the capture aud
occupation by the Federal army of a foreign ter
ritory, or merely the suppression of the rebellion
in that part of the State. The latter was held
to be the true doctrine, as is shown by the fol
lowing closing language which I used in deliver
ing the opinion of the Court upon that point:
''lhe capture of Beaufort by the military force
of the United States was not, therefore, the con
quest by a foreign enemy of the territory of the
fctate of North Carolina, but merely the sup
pression of the rebellion in that part of the State,
and when afterwards the State was rehabilitated,
its loyal Government was restored to all its
former powers, including the power of taxation,
over all its inhabitants iu every part of its ter
ritory. This view is fully sustained by the opin
ion of Judge Spraguc in the case of the Amy
Warbeck, before the United States District
Court of Massachusetts, and by that of Judge
Nelson, of the Supreme Court of the United
States, in the matter of Jones Egan, on a writ
of habeas corpus." Here then we have the case
of a State, admitted by every departnent of the
general aud State governments, to be invested
with all the rights, powers, privileges and im
munities of one of the States of the Federal
Union, and I ask where Congress got the pow
er to overturn the government of North Carolina,
or intermeddle with its domestic administration!
I defy auy man to show any rightful authority
to interfere with North Carolina, any more than
with New York or Massachusetts.
The Reconstruction acts of Congress were pas
sed alter January 1867, and I am aware that
Chief Justice Pearson has recently written and
published a letter in which he asserts their va
lidity, and seeks to sustain his assertion by de
claring that, "if these Reconstruction ac!sare
void, so are the Reconstruction measures of
President Johnson, and the. negroes are still
slaves' The Standard newspaper, of Aug. 26,
alludes to this declaration, and. asks, with an air
of triumph, whether it is not logically true. I
respond to the question, and assert that it is not
true, either logically or otherwise. It will be
recollected that the Chief Justice had, long be
fore his letter was wrlttcr, pronounced judicially
that the State of North Carolina had been recon
structed by the act of the President, and that
such act had been fully confirmed by the con
current action of Congress. His argument must
be then that Congress had the power to recon
struct the State a second time. Is that the line
of the argument? If so. I should like to know
how many times Congress has the right to re
construct the State, and whether it can ever be
considered as finally reconstructed ? "If the
Reconstruction acts of Congress are void, so arc
the Reconstruction measures of President John
son," says Chief Justice Pearson. If the Re
construction measures of President Johnson were
valid, as the Chief Justice aud I hve both ad
judicated, then the Reconstruction acts of Con
gress are necessarily null and void, say I, aud I
prove it thuE: If the Legislature grant a tract
of land to one person, and afterward grant the
same land to another, will not the latter grant, be
void because the first grant is violated? And
will it not be a perversion of the rules of logic
t) .say, in such case, that if the second grant be
void, the first must be so too? ' Of such reason
ing nothing less can be said, than that it is man
ifestly absurd. The case of asecond Stategrant
is precisely the same in principle with a second
re-organization of a State by the President and
Congress. Chief Justice Pearson, in his letter,
admits the authority of the decission in the case
of ex parte Hughes; that is, he admits that North
Carolina was, at the time when that case was
before the court, completely re-organized and
restored to all the rights and bound to all the
duties of a State in the Union, and being sol
defy him or any other man to show any authority
in the Cer.grees of the United States, or in the
law of Nations, to thrust her out of the Union
for the purpose of attempting to res-tore her a
tecond time. It is very certain that the logic of
his letter cannot do it. ' .
J think then, my fellow -citizens, that I bave
successfully performed my task, by showing thiit
the Reconstruction measures of Coogresa are, iu'
the language of one of the articles of the . Na
tional Democratic and .Conservative . platform,
"usurpations, and unconstitutional, reTolutionary
and void and it is my - firm belief ; that they
will be decided to be so by the Supreme Court
of the United States. Now suppose such a de
cision to be made, will it not be the duty of all
the people of the United States to acquiesce in
it? The friends of Seymour and Blair, un
doubtedly, will do so; and if the celebrated in
vocation of General Grant to "let na have
peace," is sincere,, then his friends must ac
quiesce likewise. Away, then, with the fear of
tne war spoken of by the Chief Justice I .... ,
I call upon you, then, my fellow citizens, you,
above whose heads floats the flag of the United
States, with the glorious name of Seymour and
Blair inscribed upon it, to vote as you may think
right, to fear God, and to fear nothing else.
Cheese-Making in North Carolina. . .
' Correspondence of the Italeigh Standard.
Asiieville, N. C, Aug. 10, 1868.
Five miles from Asheville stands Elk ' moun
tain, owned in part, by a company, (with N. W.
Woodfin at the head) who are busily engaged
in the manufacture of cheese. I propose to give
rather a detailed account of the way cheese is
made, and mutters connected with it. ;
Mr. David J. Edwards, a noted cheese-maker
of New York, was first brought out to look at
the Bunoumbe County grazing lands and ex
amine their qualities for cow pasturage. '
Mr. E. readily pronounced them equal to the
New York pastures. A, company was formed
immediately. Mr. E. was employed to superin
tend the factory here, and he was dispatched
immediately to purchase the .implements in
New York. ' i
. Up to this time not a trco had been cut
down, nor a shingle made, but, by the time Mr.
E. had returned, the houses were all up log
buildings and there was room for the fixtures.
These arrived soon after, April 27th 1868, and
the next day after they had arrived, April 28th,
a forty. pouud cheese was made. This waa a
big day for Elk Mountain. . -
Milking. Night and morning the cows are
milked. This is done at convenient points
through the farm. There are several milking
statious. A small wrgon passes round from
station to station, and gathers on the tin barrels
which contain the milk from each station. The
nights milk is poured into an immense milk pan
at the dairy, holding some five hundred gallons,
say twelve feet long, four wide and three deep. '
The Modus Operandi. The night's milk
is poured in soon after milking, "but is not made
into cheese until next morning. This big milk
pan sift iu a large box of water, and this water
runs all night. A stream is made to, pass
through it to keep the milk cool, and, to keep
the milk from curdling, a sort of wooden rako
is made to pa?s up and down in the milk to '
keep it in motion. The commotion and the
cold water together keeps the milk cool and
sweet until morning. Now comes the 'mornings
milk from the milk stations. As soon as the
morning's milk is poured in the process of cheese
making begins. t
Underneath .the outside water-box runs a
stove pipe, lengthwise, connected with a furnace.
A fire is made in the furnace, and as the water
warms, tho milk of course warms also. The
heat of the milk is in this way raised to eighty
degrees, 6tirred all the time, never suffered to be
quiet a second. 4When it reaches eighty de
grees it is suffered to become - perfectly quiet
and curdle, which it will do in twenty or thirty
minutes. After the curdling is perfect, a set of
knives, arranged like fingers, is passed up and
down and crosswise to cut the curds into pieces.
Now begins the stirring again, and tho heat is
carried up to ninety degrees. It is stirred for an
houror two. When ninety degrees arc reach
ed, It is again suffered to become still, and it
coagulates or Bolidifics iu twenty or thirty
minutes more. It is again cut to pieces and tho
stirring again begins, and the heat is raised to
one hundred degrees. When this point is
reached the stirring ceases, and the, curds are
suffered again to become quiet.' The heat is
kept up quietly until the curd reaches a certain
point known only to cheese makers, and found
out by frequent tasting. It gets to this point all
in a moment. It is then quickly dipped, out
and strained in a large flat strainer twelve feet
long by four wide and one deep. It is strained
through cloth. The whey goes through to hot-;
torn and is conveyed by troughs to the hogs out
side, while the curds remain in the cloth. Thej
are rubbed dry and a little salt stirred in them.
They arc now put into moulds and pressed
into cakes. - It remains under press till next
day, and when taken from the press it is put into
a drying house, where it remains ninety days,
and is then ready for the market. ,
J5i The news from Japan is again highly
.important. The Northern Dai mica who support
the cause of the ex-Tycoon Stotsbashi against
the Young Mikado, or rather against the South
ern Daimois, who have complete control of the
Youitg Mikado, have appointed a new Mikado.
This measure has spread alarm among the
Southern party, who now desire the Youm Mi
kado to abdicate advice which it is said will bo
accepted. The brother of the . ex-Tycoon, who
has been educated in Paris, lias succeeded his
father as Prince of Mito, and will thus become
one of the chiefs of the Northern party. He,
of course, fully shares the friendly sentiments of
his brothers toward foreigners. The Southern
party has lost one of its most powerful members
by the defection of Prince Toss. All this indi
cate? that the Northern party is on the point of
obtaining a complete success, an event which
would be hailed by the civilized world with de
light. -
tZ2 A Justice, better versed in law than
Gospel, not long since married a couple in this
way: "Hold up your right hand. ,Yoa sol
emnly swear that you will perform the duties of
your oScejoiutly and severally, according to
your best tk ill aad judgment, so help- you; God.
Fee, one dolhr."
r2? A man in Norwich dropped a live coal .
into a bombshell "to hear it fizz!" You may,
bet he heard it.