Newspapers / The Times-Democrat (Charlotte, N.C.) / Aug. 2, 1870, edition 1 / Page 2
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; i . . ; j i . ' i i . ' : i ' - .x !: ! - - V . ! ' . . . I J- rl J 4 I . t ! i ii i i; f ! V ii , p - 4r ' - i ! r I Decision pf Judge Pearson in tne Habeas ' '. ' , Corpus Case. j "'' v f Ex parte AdolpJots G. Moore, j. Upon proof of service and tbe failure of CoL Kirk to return the writ, the cuuustl or iLe prisoner eub Buitted two motions: j I 1. For aa attachment against G. W. Kirk for fail ing to make return. !" " ! 2. For a writ, to be directed to the Sheriff of some county, commanding Litu, with the power of the count j, if necessary, to take the prikoner out of the baud or said Kirk and have him beture the Chief . Justice. i - . 1 The faet of service and the failure lo make return was a auCjcient fuundiiou fr lUese motion. JUut the athJavit sets out further, that G. W. Kirk said, he waa acting under, the orders of Got. Ilolden and ahuuld make no return." i Thi extraueous matter, if true, had in my judg ment, an important bearing ou the peudiog motions, aud not being at liberty tu aurue it to bo true, ou the erbal atalement of CoL Kirk, I addressed a communication to Hi txceueoey, asking to te in . rortued i CoL Kirk liad ucb orders T The purpose wax to have the order to Col. Kirk avowed or disavowed, aud make it a final fact one wajoribe other, audio afford an opportunity to Ilia Excellency, if avowed, of setting out the ground of his action and of bvinz Heard by counsel. . The cause of truth in alwaya aerved by argument on both aides.' ; - ' 1 : ! 1. The main Question. and one on. which both motions depend, is this." Does the fact that the Got erner had declared the county of Alamance lo be in a state of insurrection aad' had taken -military pos session. bve the leirwl effect to suspend the priTt leze of l lie writ of KuUat corput Lu that county X If io. the brUooer takes uothine by either motion; if otherwise, it will become neceary to give them further consideration. : It waa .Insisted by the counsel of the prisoner 1 bat the GoTernor'aTeply is no part of this proceeding and canuot be noticed. Iu uiy opiniou, it rorius a part vf the proceeding to the exieut or the arowal or the orders gieen to CoL Kirk, (that is iu direct res Don lo inr inquiry. ) and or the tact that in the exercise of the power couferred on him, he had de clared the couutr of AUmauce to be iu a state of inMurrection, taken military poxsexsion and ordered the arrest and detention ot lh petitioner as a military prisoner.! The action of liis Lxcellency is rtletant. lor, if the privilege or the writ or kale coryu be suspended, the writ how moved for ought not lo be awarded. (LiparU Tobias, tlatkins, d l'eters, lwj. the Chief Justice says:! Vthe writ ought not to be awarded,, if the Court !a satisfied that the prisoner woo id be remanded. . This ease is cited and ap proved, ex parte, Xilligan, 4 Wallace, 111. His .Excellency was aiao pleased to set out some of the special facts that autishvd him that the civil authorities of Ihe county were unable lo protect its citixens in ihe enjoyment of life and property ; it is not mine lo pass upon these facts or judge of their sufficiency. I - ! , J ilr Datler, of counsel for His Kxcellency, relied on the Constitution : j "The Governor shall be com ' uiander-ia-chief. and have power to call out the militia lo execute the, law. surtrets riots and inur roctious and to repel invasion," Art. XII, sec & Aud on tlie statute, act ltt0'.i-'7l, chap. XXVII, Bed. 1, Tno ; Uovcrnor in iteicby auilfr.xea auU eni owered, whenever iu his judgment the civil auinor i;iea iu auy county are unable to protect its citizem iu the cujoymeul of life and property, to declare fuch couuty lo be iu a state ol insurrection, and to call into active service the militia of the Mate to such an extent as may become ucceaaary to suppress the insurrection, and he msisted. 1. This clause of the constitution and the statute empowers' the Governor to declare a couuty lo be in ' ute of insurrection, whenever iu hn jmljmetU the civil authorities are unable lo protect its caucus in the enjoy meut of life and property. The Governor Las so declared in regard to the county of Alamance!, anJ the judiciary cauaot call his action iu tiur&tioH or review it, as the mailer is confided solely to the judgment of the Governor. 2 The Constitution and thi. statute confers on the Governor all bowers 'neceuuirv" to ?uidicss the in i -f - S surrection, and tl-e Governor has taken miliiary hs- session of the county aud ordered the arrest and de tention of the petitioner as a military prisoner. "This waa necewary, for unlike other iusurrectious. it is not open resistance, but a novel kiud of iusurrcciion, seeking lo effect its purpose by a secret association spread over the country, seeking to effect itsnrpose by secret; assoeialiouL scouritiui; aud other crimes committed iu the dark and evading liie civil aulhort ties by masks, liaud, ptrjury -"d intimidation. It follows, that the privilege oi iue writ ol kuitu eoryuk is suspended in thut Couuty, until the inurrtctioa -be suppressed. I accede to the first propo&ition i full faith and creJ.l are due to the action of the Governor Ln this matter, becuue he is the competent authority,' acting in pursuance of the constitution and the law. Iue power iroin us nature must be exercised by the ExicLlive, as in cae of iuvasion or open insurrectiou. The extent of the power ia alone the subject of Judicial dctermin.tiiou. As to the second, it In ay be that Ibe arrest aud also the detent tion of Ihe petitioner ia nccosury us a means lo supj press the insurrection. lint 1 canuot yield my ss-r sent 10 lie conclusion ; iue means must ue proper as well as necessary, aud ibe ueienlion or tbe petij tioner as a military prisoner, is not a proper uicnns; for it violates tho Ueclaiatiun of Lights. "The privilege of the writ of Aaieu corput shall not bo1 suspended." Constitution,' Art. 1, See 21. This is an ejcprtM provif ion, and there is no rule of construct tion or principle of constitutional law, by which au express provision can be abrogated and made of no 'lorce by an impticatUtk lrom any other provision of the instrument. The clauses should be construed so as to give effect to eacn, aud prevent counicL. This is doue by iviug i if An. .vii, sec. o, iue ci.cci vi allowing nillli tary possession of a couuty to be taken and the ar-i rest ol all suspected ptrsous, to be made by military authority, but requiring by force of Art 1, sec 2ij the persons so arrested, to be surrendered for triaj to the civil authorities on kultdg corpus should they not be delivered over w;tbout Ihe writ. This preveuts coutiici wuh I lie huln corpus claue and harmonises wuh Ihe other articles of ihe1 "Declaration of Rights, trial by jury, Ac, all of which have been handed' down to us by our fathers and by cur English ancestors; as great fundamental principles, essential lor the piolectiou of civil liberty . I declare my opinion to be ilia l the privilege of the writ of kabtii corpus has uot been upcuded by the! action of his Kxccllcury. - ' That the Governor has power under the Constitution aud laws to declare a county to be in a state ot insurrection, to take mili-i tary possession, lo order ibe rrei of all ..suspected perwus and to do all other Ihiugs necessary lo suj "press Ihe insurrection.' Lut he baa no power to d.i obey ihe writ of haltas corpus, or lu order the irial 'of any citizen' other ive iImiu by jury, according to the law of the land. Such action would be iu excess "or his power. " j ' The Judiciary has power to declare the action o( tho Executive, as weil as bets or the General Assriu-j tiy, wnea iu violation ol the Constitution vo.d and 'or no effect. 'Having eoucedeJ lull raith and credit' to the action of Li Kxcellency- wiihiu ihe scope of tlie power conicrred on buu, 1 feel assurcl he will in lit MAUBrr give iu. oosvrvanco lo Ihe law as :anaounci by the Judiciary. Indeed he canuot re-j fuse to do so, without taking upon himself the re-j pa;viM; v aviiiij vn fuv caircute priuciie, "The safely of the State is the supreme law- 1 wi.I veutnre to hope, as evil as the times may be. bur country baa not yet reached the point when a 'resort to extreme measures has beccme a public necessity. ; f i V ".' The mvtion for an attachment against Col Kirl is based on the kabes corpus act, acts lhGS-'CQ 'chapt. 1, sec 15t "If any :person on whom a aril btlltas curpus ia served, ahall n-fuse or neglect to "obey the same by producing the body, Ac. within the lime required and no u$iriet excuse Ic skovm, it shall "be the duty of the Judge or Court, foilhwith to issue an attachment against snch person to the Sheriff of any county in ibe State, commanding him immediately to arrest such person and bring him before the Judge or Court, and such person shall be 'committed to jail, until he shall make return to the writ, and comply with any order that may be made is Relation to the party for whose relief the writ j shall have been Issued." j " I 1' fcL Kirk has refused to make return. - The question is, do tbe facts ' before pe "saoir a svjfcient excuse f" The affidavit sets out that Col. Kirk put his refusal on the ground that he had or der from his commander-in-chief, who Is the Gov ernor of the State, rrot to obey the writ. His Kx cellency avows that CoL Kirk - was acting under his 'orders. So; w hare this case.' CoL Kirk is com i i " r manded by the Chief Justice to produce te body. He is ordered by his commander in-chief not to obey the writ. What was the man to do? He elected to obey his orders. In my opinion there wa snfficient excuse for refusing to return the writ. The motion is not allowed. The act in question does not rest on the idea of punishing for a contempt of the Judge or Court, but of compelling a return to ihe writ and the production of the body. It is substitute for the provision in "the old kaUas corpus act," which pun ished the officer or person refusing or neglecting to make due return "upon conviction by indictment," with a fine of $000 lor the first offence, and of $1,000 and Incapacity to hold office for the second. The late act is an improvement upon the former, by sub stituting the speedy remedy of attachment in place of indictment and the severe punishment of rm priconment. Both acta are evidently intended to punish for not making return, and tne last is also intended for the immediate relief of the party in whose behalf the writ is issuecL- j Tbe notion of pun ishing for a contempt of the Judge or Court,' ia not involved in either at, certainly not in that jlgtiS-'bU; that Is provided for by the "contempt act," (same session.) The proceeding is, by a rule to show cause why an attachment should not issue. And yet I was urged, with much vehemence by learned and aged counsel to rule Kirk up for a contempt of the Chief Justice, in this, the affidavit of service sets out that Col. Kirk, when the writ waa served, said, "tell them snch things are played out, 1 have my orders from Got. Hoiden, and shall not obey the writ." "I will surrender them on Gov. Uolden'i order, but not otherwise, unless they send a sufficient force to whip nie."j This, as was well said by Mr Badger, is the language of n rude sold.cr and not as courteous ss wn ukuallv find in Judicial proceedings. I The mo tion for arulato show cause lor this contempt is nol pertinent to the matter now on hand. ' The evidence on which it rests comes in a questionable shape, ex traneous matter put into an affidavit of service to excite prejudice, and the motion made at the in stance of one who is under arrest for tie horrid crime of murder by midnight assassination; at a time when, as Mr Bragg feelingly remarked -we are in the last-ditch; we look to Ibe Judiciary as our only Lope, if that fails us the country is gone ! gone! gone:" I I I do not feel it lo be my duty to leave grave mai lers and turn aside to put a rule on a rude soldier to show cause for making a flippant speech. I will be borne out by every member of the profession iu saying, during thirty years 1 have had tbe;henor of a seat on Ihe bench, I have never been slow to pun ish for contempt and preserve the dignity of fbe Court when 1 believed there was an intent to assail it.. I know my duty and trust, I have enouzh lo discharge it. These remarks firmness seemed called for because of the earnestness with which the motion was pressed, in language more courtly but fully as strong as that used by tbe rude soldier, and the excited manner in which 1 was reminded of my duty and exhorted to perform it, nny, the oath of office was read to me, snd 1 had the benefit of hear ing read much of the lofty language of Lord Mans field. - . . i . j 3. The motion for a precept directed f o the Sheriff of some county to briug the petitioner forthwith be fore me, and if necessary to take with him the power of the county, is based on the 17th and 18th! sections of the kaleas corpus act. "The Court or Judge may direct a precept lo any Sheriff,! Coroner, or other neron to be designated therein.1 cumuiauding him io bring forthwith before such Court or party (wherever to be found) for whose writ of habeas corpus shall bave been g -In the execution of this writ the Sheriff or person desiguated may call out Ihe power of the county." The petitioner is "entitled to this writ, tbe only question is, to whom sbould it; be directed. Ine motion is that it should be directed to the Sheriff of some county. j j I 1 ..... ..iiuirl..A,l M. nmhft. fnllw ttn.l 1i4va fmA in llm .nnc us r.u not to d ireet it to a Kl.er.iT. Tlie i act irives a discretion. In the present conuiiion or things, the couuties of Alamance and Caswell de clared to be ia a td.-ite of insurrection and occupied by military forces, and the public nund feverisbly excited; it is lugbly probable, nay, iu my opinion. certain, that a writ in the hands of a bherin, (witn authority to call out the power j of Ibe county) by which he is commanded with force, if neccrsary. to t;;ke the petitioner out of the bandit of the (military nuthoriti.es, will plunge the whole State into civil war. ! : i If the Sheriff demands the petitioner of Col. Kirk, with his present orders, he will refuse, and then comes war The country has had war enough Hut. it was said bv Ihe counsel of the retiiioner --. - i .j if in the assertion of civil liberty, war conies, let it come! Ine blood win not he on your nanus er on j our; it will be on all wbo disregard the sacred writ of habeas corpus. Let Justice be done if the'heaveus fall." ! ' I ' I It would be to act with the impetuosity of youth and not with the calmness of sgc, to liftenjto such counsel's. Let justice be done if heaven falls, is a beautiful figure or peecb, quoted by every one of the five learned counsel. Justice must be jdone. or the power of the Judiciary be exhausted, butj I would forfeit al! claim to prudence tempered with firmness should I, without absolute necessity, add fuel to the flume, and plunge the country int civil arJ provid ed my duty can be fully discharged without that awful consequence. Wisdom dielates. if justice can be done Hot heaven stand." Unless the governor revokes his orders Col. Kirk will resist ; ihat ap pears from Ihe affidavit of service!. The second branch of the motion, that the power of the county be called out if necessary io aid in taking the petitioner by force out of Ihe hands of Kirk, is as difficult of solution aa tbe first. The power of the county, or "vote eomtalus," means the men of the county in which the irrk is to be executed; iu this instance Caswell ; and that county 13 declared lo le in a state of insurrection!. Shall insurgents be called out by the person who it- to exe cute the urit. toioiu in conflict with the military forces of the State? i I It is fa id a sufficient force will volunteer from other counties; they may belong to the association. or be persona who sympathise with it. lut the ''posse comi.'atus'' must come from the county - where the writ is to be executed, it would be illegal io lake men from other counties; this is 'settled la4' : ba.ll illegal melius oe resorted to iu order to execute a writ?! I I .Again: every able bodied mnn in the State belongs to the militia. The Governor is by the constitution 'Commander in Chief of Ihe militia of the j State." Art. IU, sec. 8. So the power of the county is com posed of men who are under the command of the Governor; sha1! these men be required to violate. iih force, the orders of their Commander in Chief, and do battle with his other forces Ihat are already in the field? In short, the whole physical power of the State is by, the constitution under the control of the Governor; the Judiciary has ouly a moral power; i .i ' .i . . -. . i i uy ine iiiepry; oi inv communion mere can be no conflict between these two branches of Ihe iuent. I I Govem- The writ will be directed to the Marsha of the Supreme Court, with instructions to exhibit, it and a copy of this opinion to His Excellency th4 Gover nor; If he orders the petitioner to be delivered to ihe Marshal, well; if not, following Ihe example of Chipf Justice Taney, in Mcrriman'a cate. An nual Cyclopcedie, for the year 1601, page1 5-LVi, 1 have discharged my duty, the power of tlie Judicia ry is exhausted, and the responsibility nmsi rest ou the Executive. ! I'EAHSON. . 1- The following is the order of the Chief Justice, to the Marshal: , . 1 , To David A.- Wicker, Marshal of tho Sunreme Court: ;j You are hereby commanded in the name of the State of North Carolina, forthwith to briug Adolpbus G. Moore, wherever to be foundj before mc, Hich mond M. Pearson, Chief Justice of the Snpreme Court, in the. City of Kaleigh. Herein fail not. Have therein this writ and make due rcturnJ . j S RICHMOND M. PKAKSON, ! Cmxr J i stick SrrKEE Corr-T Kaleigh; July 80th, 1870. Instructions You will wail upon His Excellency. the Governor, exhibit lo hira this writ and a copy of the opluion in "Moore's ease" and uiake return to me. I-I R. M. 1'EAItSON. C. J.is. t July 23rd, 1870. ; . . ; ; :! ' ij Reply of Gov. Hoiden. kxEcuTivK Department, V Raleigh, July 26, 1870. f To the Uonoralle 12. 2J. Pearson. ChrJlu of die Supreme Court of Xvrth Carolina. Sir: I have had the honor to receive, by the bands of the Marshal of the Supreme Court, a copy of jour Opinion ia the matter of A. G, Moore ; aud the Marshal has informed me of the writ io hia hands for the body of, said Moore, uow in the custody of my subordinate officer, Col, George W. Kirk. i- i I have declared the counties of Alamance and Caswell iu a fstate of insurrection, and have taken military potsessioa of them. J This your Honor admits! I had the power to do 44 tinder the Constitution and laws." And not only this, Vbut to do all 'things necessary to suppress the insurrection " including the power to --arrest all Kurvtcttd persons" iu the above-njentioiied couu- . ties. I Your Honor has thought proper also to declare that tho citizens of the counties of Alamance and Caswell are insurqentx, as the result of the Constitutional and lawful action of th6 Execu tive, and that, therefore, you will not issuo the writ for the production of the body of Moore to nne cif the men of the said counties ; that ltlie poMe coviitatns wuf t ennie fmm the county where tho writ is to be executed," auclthat any other means would beallegal. j -j j j I I have official and reliable information that in the counties above named, during the la'st twelve mouths, not less than one hundred i persons, Hn t he Deaee of God and the State," have been taken from their homes and scourged, mainly if not entirely on account of their political opinions; that eight murders have been committed, includ ing that of a State Senator, on the same Recount ; that another State Senator has been compelled from fear for his life, to make his escape to a distance Slate. I have reawm to j believe that the covernment of the said couuties have been inninlv it'nnfc ntir-lv in the hands ef ineu who belong to the Kuklux Klan, whose members have perpetrated atrocities referred to ;j and that the county government have not mereljf omitted to ferret out and bring to jnstiee thosd of this Klaii who has thus violated the law, but that they actually shielded them from arrest andbuu-L-huient. The State judicial power in thelsaid counties, though in the bauds of energetic, learn ed an upright men, lias not been able to briug criminals to justice; indeed, it is my opinion, based on facts that have come to uiy ; knowledge, that the life of the Judge whuse duty Is to ride the circuit to which i the said counties belong, has not been safe, on accouut of ihe haired en tertained towards him by the Klan referred to, because of his wish and purpose to bring said criminals to justice. For be it known to; your Honor that there is a. wide spread j andj formid able secret organization lo this State, partly polit ical and partly social in its objects ; that this organization is know.. first, as "The CoMtitution al C'ju'on Guard" ecotdy, as -T7w- White BrtttherlutriJ" thirdly, as " The Invisible Em- Judge tbe.jVe;" that (he wen: bent of thisi organization benefit the j are UI,;tei Dv oaths which ignore or repudiate Eiantcd." i .. J . ., ine orainary oatns or oottgatious mat rust nitvu all other citizeus to respect the laws and uphold the government;', that ' these oaths inculcate hatred by the white against the colored people of State: that the members of this Klan are irreconcilably hostile to the great principle of 1 1. ...... I .... .J .... ).. ... E. w , I. a m . inuu ica unu ci v u ri uh in , uu wnii.iii.iic crnmeni ol tnis orate nas Deen reconsirucrca; that these Klans meet in secret.! in disguise. with ariiis, in uniform of a certain, kiud mteuded to cunccjil their persons and their; horse, and to terrify those whom they assault or among' whom thoy move; that they hold their camps iu secret placcsjaud decree judgment agaiust their peace able fellow-citizens, from mere intimidation! to scourging?, mutilations and murder, and that certain persons of the Klan are deputed to exe cute these judgments ; that'when the members of this Klan are arrested for violations! of law, it' is most difficult to obtain bills of indictment against them, aud still more difficult toj convict them, first, because some of the members or their sympathizers are almost always grand and petit juries, and secondly," on the because witnesses who are members or sympath zers uu- blushingly commit perjury to screen their con federates and ass-iciates in crime; that this Klan, thus constituted and havinc in view the odjects referred to, is very powerful in at. least twenty five couuties of the StateJand has had absolute control for the last twelve months of tho cottuties of Alamance and Caswell. . Under these circumstances I, would hjve been recreant to duty and faithless to my oath, if 1 hud uot exercised the power in the several coun ties which your Honor has been pleased! to say I have exercised Constitutionally aud : lawfully; especially as, siucc October, 18G8, I hjave re peatedly, by proclamations and by letters, invok ed public opiniou to repress these evils, and warned criminals and offenders airaiuat ihe laws . j , ey T of the fate that must iu the end overtake them, if; under the auspices of the Klau referred to, they should persist iu their cour&e. ji 1 begito assure vour .Hoxior that no one sub scribes more thorouirhly'than I do to the great principles ot nohcas corpus Kxccpt iu extreme cases, in aud trial by jury. which bevoud all quest ion -the safety, of the State is the s upreme law, these privileges of 'habeas carpus aud trial by jury should be maintained. . , . "... --.. - - . J . ; . 1 have ulready declared that, in my judgment. your Honor and all the other civil and jjudicul authorities are unable at this time to deal with the insurgents. The civil aud the military are dike Constitutional powers; the civil to1 protect life aud property .wheu it can. and the jmilitary only wheu the former has failed. As the Chief Executive I seek to restore, not to subvert the judicial ; power. j Your Ilouor has dotie your duty, and iu perfect harmony with you I seek to tiu untie. . . : . ... It is not I nor the military power t bat has suppiantea me civil authority ; that has : neeu .1.1 - i . t done by the insurrection in the counties referred to I uo not see how I can restore t ic civil authority uutu l -suppress the liiaunection. Which your Ilouor declares I hve the piwcr to do; . aud I do ivotee how I cau surrender the iusurgeiits to the civil authority until that au thority is restored. It would be a mockery iu me to declare that the civil authority was unable to protect the citizens j agaiust the iusurgeuts, and theu turn . the insurgents ever to the civil authority. My oath to support the Constitution makes it imperative on me to "suppress 'the in surrection" aud restore the civil authority iu the Counties referred to, aud this I must do.: In doing this I reuew to your Honor expressions of my profound respect for the civil authority, and my earnest wish that this authority may soou be restored to every county ; aud neighborhood iu the State. J " -. I ; l have tne nonor to be, with , gnat respect, Your ob't serr't, f i j 1 W. Y. HOLDEN, Governor. TriE Local News. Always when ydu come io possession of auy impurtaut news go directly to your home paper and inform the editor!. You will uot only receive his grateful acknowledgment of the favor, but also the thanks of his patrons. Many items'of news doubtless escape our notice every week, w men would add interest io our paper if chrouicled. . Korth Carolina News. - 1 1 ? Hoard or Tradb. -The Charlotte Board of Trade organized , on Monday, the 25th. nit., by electing J. Y. Bryce, President ; John L. Brown. 1st Vice President; James H. Carson, 2nd Vice President; Francis Justice, Secretary, and Joseph AlcLauzhlin. Treasurer. ! " W. J. lates. F. W. Ahrens, A. R. Nbbet, It. A. Springs, C Dowd, A. ! Macaulay, F. Scarr, B. Koopmann, dosian LASDury ana o.ir. omitn were eiecteu jji rectoni Olterxer. . Y'rr-- : ! ' !' i Movements of Tboopp. We learn thit the Governor has ordered Capt. Gant's company of Col. i Clarke's regiment, under command of Mai. Henry M. Miller, to Carthage, Moore. - j , , . . - t t. county to preserve oracr in c-oaj ,s aangerousij iniestea uy tue ivukiux, wno a..rci w p"""" there. ' -'.: . r I'antt Hfinlr vilh hia syyt-a nrr will raliAVA x,. - ...j Capt. Gants company at H.lkboro . V . U yneJCOH,p"y W1U ! Zon af?wwu v aY: v i W rTTe 7 y Yanceyvilleandtwoatllale.Sh.--i?aiailcarJ. ! Laeqe Yield. E. A. Vogler, Esq., of this place, raised on hve acres or ordinary ground, well ! Drenared. from : six ' bushels df seed sown 20th October last, 132 bushels of wheat weigh- mg 64 lbs to the bushel, being 26 1 , bushels to the acri. This shows what can be realized from a small quantity of land well prepared. Mr. Vogler has raised as high as 34 bushels on one acre, but no five acres have ever;; yielded so well for himj before. -Siilem, srress. r BSF On Friday night the 22nd nit., at Beau fort, a German i named Rudolphe, leader of the Wilson i Brass Band, fell from the top of King's Hotel, and was injured so badly that death en sued in ia few hours. He was drunk at the time of the accideut. Odd Fellows. At the annual communica tion of the Grand Lodge of the I. O. O. F. of N. C, held in this jj)lace, July 19th, 20th and 21st, 1870, the followinjr officers were elected for the ensuing year : I ! ! . ! M. W. G 1 31;, Seaton Gales, Raleigh, i Wf. D. G. M. J G. Kflandy Greenshoro IU Wf. G. M ., W. J.I Yopp, Wilmington. R. W. G. S., J. W. Gulick, Goldaboro. R. V G. T., J. II. Baker, Tarboio. . " j ' ' : .. Appointed -Officer : .; ..! : ; R. W. G. W., W. II. Porteri Greensboro. Rj Y. G. C, II. B. Bryan, Tarboro. G. G. G., P. P. Clark, Wilson. BmYe are informed that Capt. Pinkney Graves of Danville, Va., was recently arrested i Yanceyjrille by Col. Kirk. Mr Graves1 was on a visit tp Yancey ville. " The Governor of Vir iriti!-.i Inlntrr-inlioil f.rk lnv TTuhlon ami (ho l'jllar Atfctl..lll I 111. .aIaMJA VTIft 1A iwM.t I. ..A 1. U1UU1CU 1IU 1C1CHSC. J- UO MUIC.IVWII MVS llldk . ' i . eT j i u r 1 r mi i.! the arresting of Ludlphus Gunn in Danville by Kirk s men is a mistake. We know not whether this information be correct, but we geL it from a good sonrce.- -Ilillsboro Recorder UTiie ill ox. Bedford Brown';- We traveled in company to Raleigh with this veteran I and honored son of Caswell. He came straight frouij Washington City io Raleigh without stop- piug at Ills home,1 traveling all night and! all day and for what I j To try and do uood for his State1. ; Oh that our ''coming men" of this day were Bedford Browns ! ; Mr. Brown had a short interview with President Grant. ! Grant was "fix- '! ' i 1 I'm ' I. to go over to ixmg Urancn the next niorn- ing; and what with packing away Mrs.) Garnt's cioines, Drmung nis norses ana ooxing up rns rat terriers, he had a very limited time j fori Mr1, Brown. However he gave him a courteous and gentlemanly reception and ncird with attention his statement of the case. The result was unfa- i .; . .. I . . ... . vorable. ! Gen. Grant trave Mr. Brown little or no e u eo u rage men t . - lit uuoro Recorder July 27 T- ! . ; , - . -I , i JSishop Atlcinsftns Appointments. Morganton, - ; - j-j Aug. 7th 14th 16th 17th lRtli A she ville. -i; , Calvary !Ch. Henderson County, Ilendei-sonville, ' - i j i. a n "i St. John iii the Wilderness, ; Leieestejr, Buncombe county, 23td vVaynesyille, 25th Rutherfmd ton, Sept. 4th Shelby, 7th Jjiucolntion, 11th High; Shoals, 13th ;rOK TUB ,CUARM)TTB DEMOCRAT. . Ciiarlotte, N. CJ, July 30, 1870. Mr. Editor: I notice in your advertising 1 i - I I , columns the card ot JVlra. A. C. i Williauison, in 'which she offers her services to the public as an ! artist!. It is with pleasure that I avail myself oi ints opponuuiry to. com men a her. to the i readers of your journal as an artist of no ordinal tv uierit. i nave carciuny examined, many j specimens of her painting,, including original j portraits of childreu aud adults, landscapes' copies or tne; works oitne old masters, 'photo giaphs colored and old portraits renovated,1 and unhesitatingly pronounce her services invalua'i ble to those who, in this1 isolated section, desire to guard tbe loved lineaments of friends aud re-! latives from j1 the ravages of 4ime. Mrs. Wil liamson certainly "t posscisses both; the hand .; and the eye pf the genuine artist, and we. saw among ner specimens races laminar to ns, reproduced with astonishing fidelity. We saw also-valuable portraits,' which, from their great ajre, had! be come almost entirely obliterated, from the craek- mg and scahng of the paint, brought ' back; to j life and restored to all their ! oriirinal fresh hesa aud beauty of coloring., with no feature lost or eveu marred. There are many j such portraits still upon the halls of our stately old Southern mansions, I from which all .but ! their rloriou i;rnemoriek( have departed, that need the reviving hand of ibe artist to preserve them as a legacy for pusterity, and we tnow no .one more compe tent to preserve thein than the lad v whose skill mcus of colored photographs which we examined were j beautiful and faithful pictures, and this couibitiatiou of arts will enable those who, una-l Lie to procure portraits jf their i loved ones, to procure at least a beautiful and durable picture AV. UA !.. .1.: . M. Ji: . ' . 1- t '". .1' ue uipc iuih i u vsinuauic auu accouipiisueu lady will secure tnat liberal patronage to which her talents undoubtedly ; entitle bier. I '.:- i Citizen ' Announcement We are authorized to announce J. KICK HUNTER as an Independent Candidate for the office of Regis ter or Jeeus. July 25, 1870. DAVIDSON COLLEGE Its Collegiate year will begin September 8th, 1870. Annual expenses for Tuition, Board, &c, $14o to S200. Fob! 'BACHBLoa or Scibbcb there will be a I f three years oourse independent of the Ancient Lan guages, -j i--- -;-! - !-!; ; r j : A catalogue, or particular information will be sent by the Rev. G. W. McPhail. D. IU LL. D.. President. J'oHt Oftce laviUsou College, K. C. July 'Zol 1870 4w The Crops of the United States. The report of the national Commissioner of Agriculture on the gatherea ana growing crops oi tne j .year mruuguuut iua n tmiicu uutdca u encourasing, though not so good as we hoped for, looking to the subsistence of our own people and our prospective surplus products for expor tation, f r The present estimate of this year's ag gregate wheat crop, as compared with that of last jear, mases a aencaency oi iorty-eignt mu lioti bushels; the estimate j for this -year being 310,000.000 . bushels against 250,000,000 last year. The Commissioner, says, however, that "future reports of the condition at and after the harvest are still elements pf the ultimate esti I mans, ' w Hitu uiEaua ; m mate. J which means ; that the harvest has not vet been all cathered U or reported. We can- - fc - belicve there wU deficiency cf forty-eight millions of bushels in thLr season's I wheat crop as compared with' the last, or a' loss, I . . :- J , -1 ! - . - . - gay of seventy millions in a single crop ol a sm- prodact. We rather incline to the opinion That when all the reserves 0f the! harvest are as- certaiued the deficit will hardly reach, twenty milliou busheIs: We hU; at the same time on hand a considerable. portion of last year's, crop, f which must be taken ! into! the accouut in esti- I Tnatjrir our actual resources. i The ! Commissioner, pwi the other hand, says that the increase in. the .breadth of corn (Indian corn, our great staple of subsistence) is greater than the decrease in tlU average of wheat. In the States of the great jNorthwest the increase oi acres pianiea m corn pnges i;om ten io twenty-five per centrwhile the indications in those ,r . . i ls ' i .: ptates p)i a gooa crop nave never Deen bo gen era! 'si nee the' inauguration or the otncial crop returns, t l here is reason, then, lor; the con elusion: that the decrease in our wheat crop will be more than counterbalanced by the increase iu our yield of r Indian corn, and the last was a good year, too, iu this important staple. In cotton, as comparea witn last year, there is an increase of nearly a million oi acres in the area planted, uq tuej average oi a nam ior an acre this would give us an increase of a million rf-V . t " ' 1 1 s hales, or in gross receipts an increase or a nun tired millions of dollars j assuming that such is the eeneral demand for the raw . material that the average price will not bo very much reduced by the addition of a mil ion bales to the crop of last year as the average . crop. The Commission er, However, minus tnat tnis year s crop win hardly exceed three milliou five hundred thou sand bales, against last year's! crop of three mil lion bales,; which: will give ins halt a million bales increase : but with a cotton season length ened out like that of last year we may count upon tour millions ot bales! Such au extraor dinarily favorable season is hardly to be expected The I oat cron ororutses well, and with an in- creased breadth of land bf five! per cent devoted I , . , , l .'1 if . 1 II 1. I to tooacco ine muicanou are tuat we snuii nave .... , , . . . , iU. thia.year a handsome gain; in cash - from this cash article in our foreign j exchanges. War or no war, .trench and Germans must have their tobacco, with this difierence, that in war they will consume more than in peace, ! j he prospect for a large apple yield is unusu ally, fine. Peaches .. will not ! be so abuudant. Grapes promise a good yield, article of potatoes, Irish or! i Of the important sweet J we have no report, but fronithe Irish potatoes coming into this market from Jersey wo should judge that in quality aud quantity the crop will be very fine. Upon the whole-the Commissioner s re port is gratifying:. Iu aiiy event! within human foresight we shall have a! Valuable surplus of breadstulls lor exportu tion, 'and from hve uuu- dred thousand to a million1 bales of cotton more than from last year's Dhtntiiiir. which, with our . . "... . I . ' tobacco,crop, wiIl give us a splendi turning the balance of j European d margin for ,1 ; . i European trade in our favori 'i excepting those" bouds a I : 11CICI 1 11 the history of short, has any great nation in mankinu occupiea a position sq Ja vorable or 1 a - t I f possessed advautages so! great for prosperity at home and credit and influence abroad as these United States! possess atjthis important epoch in the anairs or the civilized world. N. Y. IleraUl. The Human Form Divine. -I i - j . .; . i What sad havoc Scrofula inflicts on The human By sf em. ; flow Hacurnatisba misery the' injudicious use distorts the frame. What .iiow of Calomel entails. sad the effects of Syphilis transmitted from parent to child.! 'Would you avoid these terrible afflictions, fail not. to use Dlt. TUTT'8 SAU8APAUILLA AND QUENN'S DELIGHT. r Id penetrates every fibre of the system, even into the bouesi and eradicates every trace or disease. August 1,; 1870. 4: Just Received, Apple, Parers to core and slice, at the Hardware Store of i BltEM, BROWN A CO. July 2"i, 1870 T. A TJTI TPATJl CAT T? . J 1 )J II I II A Tract of LAND containinir One Hundred and Sixty-five Acres, five miles from Charlotte on the Statesville Kailroad a fair proportion of wood land, good njcadoV and brunch bottom ood grain and cotton lands. , . - i I i Also, One Thousand Acres of first-rate Cotton Lands inT Fairfield count vj South Carolina, can be divided into several tracts.! . i , ... . . , For terms &qd particulars add lress. : ! J. C. ; CALDWELL. 1 Gladden's -Groves Fairfield county, S- C. July 25. 1870 Griswold's Improved Cotton Gins roil SALE. Manufactured at Mocori, Gi. ji Every one war ranted. Call and examiuel before buvine. , We warrant them equal to anv Giu niatle in the United bLat es. One always on hand for inspection. Juty 25, 1870 2m Ei M HOLT & SON. Elk Mountain Cheese- ELK iiODKTAlN CHEESE, just received July 2-3, 1870, t) G. MAXWELL'S. Sheep Wanted. t wiah to bur from Fifty io One Hundred good fat Millions. ! -,. I have a good MILCH CQW 'for sale July 2i, 1870. W. SK COOK, Butcher. i Turnip Seed. A fresh upply of Turnip- Seed just received at McADEN'S CORNER DRUG STORE . coniatinir of tne following varieties t Fiat Dutch, White Norfolk, White Globe, Ruts Bags. J. II. McADEX. Red. or Purple Top, Yellow Globe and Jnne 18, 180. Gem Fruit Jars, AU glass, acknowledgedjbyevery persoH that has examined them to be the! best for preserving all kiud of Fruits. For sale at I , - ; JAMES HARTY'S 1 China Hall, next door to Court House. July 18, 1870. House to Bent in Lincolntonj with ample Rooms and Garden of vegetables, for the balance of the year, on good terms. Apply to Dr. J. C! RUDISILL, Liucolnton. ma or at the Charlotte Hotel, Charlotte. ' . Conservative Ticket' For A ttorney General of tie State HON. WJI. M. SHIPP. JTor Congress District, HON. F. E. SIIOEER, Mecklexbukq Caxdidatki. For the Senate, H. C. JONES, r For the House of Representatives1 J. SOL. EEID, IL P. WARIX0. ' " For Sheriff, " KM. WHITE. .. For Treasurer, ; , S. E. SELK. ; For Register, - -v F, M KOS3. , For County XL U. OATES, S. W. REID. . For Coroner, W. P. LITTLE. For County Surveyor ' , JOHN E. MOOKE," Commissioners, R. L. DbARUOND. It. l. vail, ,JL R. KING. Election on Jtrst Tliursday i August. Cheaper, than Ever. 1 We are daily receiving fresh Groceries, track i Coffee, lUo and Java; Bugars of all grades; JIoImw-l from the cheapest to the beet New Orleans rorter and Ale, of the veryTbest brands.' Also, a large lot of Flour all of which we will sell cheap for eask. Give a calL ' July 18,1870. ORIER k ALEXANDER. Notlbe to whom it may Concern. Application will be made to the Commissioners of Mecklenburg County, N. C, on the first Monday September next, to have laid off a new Townhip l said county to be called Pineville Towoship. com posed of a portion of Steel Creek, Sharon and Provi dence Townships, a plot of which will be furniihd on the day of said meeting of tbe Commlmioaers. July 18, 1870 4w . MANY CITIZENS Charlotte Female Institute, CIl AULOTTK, N. C. The 13th Annual Session of this Inttifntioa com mences the 30th of September and continues until 30th of June, 1871. An accomplished corps of Teachers has bee em. ployed in all branches usually taught la firstlaas Female Seminaries. ; . For Circular and Catalogue containing fall per. ticulurs as to terms, &c, addreas Rbv. K. UURWELL k SON, -H v. ;.-' Charlotte, N C. BsriBEacss . j W J Yates, Editor Democrat, . Charlotte, N. C Gen D II Hill, " Southern Home, . . Col Wm Johnston, Prea't C, C&AKR, u" Gen John A Young, ' Hon J H Wilson, . " , T W Dewey, Banking nonseTate & Dewey, " 1 Hon K Y McAden. Pres't 1st Nat, Hank, 44 - . . Rev A W Miller, D D, . - Col Jno Y Brycej, , . , m . Rev Chas Phillips, D D, Davidson College, N C -Prof J R Blake, . 44 , " 4 July 18, 1870. .- Inducement Extraordinary. The authorities of the Davenport Female Coure,r Lenoir, N. C., claim that their rates of Tuition are already unusually low ; and yet they offer, as a pre oiium for hard study, a discount from their esnal rates the next session in favor of such pupils as make creditable proficiency ia the studies of the regular course, according to tho following table : Sessional Standing. Discount next Session, From 75- to 79 inclusive, Ten per cent. " HOtoH-l " Twenty " 85 to 83 44 . ThiHy 44 90 to 94 .. " ; Forty - 4 90 to 100 44 . ' Fifty 41 4 M II ' II Industrious pupils thus . assist in paying the ex penses of their education. ' '' ' The Fall Session, 18i0, will open on -Monday, July 23th. . ' SAMUEL LANDER. Vrf'L July 18, 187Q. Lenoir, N. C. Edgeworth Female Seminary. The next Session will commence on the first Moo- day of September. We make good scholars, food musicians and good teachers of our pupils, and give them a training fitted to make theu practical aad useful women. . For Circulars address, V J.-M. M. CALDWELL . June 27, 1870 - 2m Greensboro, N. C N. C College, MOUNT PLEASANT, N. C. The next Session of this Institution will commence on the first Monday of August, 1870. i, '.--. tor particulars, send for Catalogue. Allres . L. A. B1KLE. July 11, 1870 4w Trofessor of Malheroatic. 4- Mount Amoona Female Seminary, MOUNT PLEASANT, CABARRUS CO., N. C. Board per Session of u months, f oo 00 Tuition in Primary Depurtuient, $ 7 V) to 10 00 i4 44 Collegiate 44 lowiozuw Mnsic, Tainting and Modern Languages extra. . The next first half session will commence on the first Monday iu August. lor information or Catalogues address I DANIEL I. DUEHER. Principal. July 11, 1870 Ira . JJouut Pleasant, S.C Atmospherio Fruit Jars,: For Preserving Fruit, for sale at ;.' , WILSON k BLACK'S Dmg 8tore, July 11. . , , next to Stenhouse, Iacaolay 4 Co's. Wheat Wanted. 4htf)vTh Bushels Wheal wanteJ, for wLich 9PJf.yJf the highest market price will he paid. , W. J. BLACK. July, 1 1th, 1870. L Wool! Wool! I : We want to purchase a large amount of WOOL, for which we will pay Ihe highest market price. i McMURKAY, DAVIS k tU ' June 27." 1870. y - . . . E. M. HOLT. : L. &. HOLT. ! E. M. HOLT & SON. J- Successftrs U E. M. Holt C- Co,) Grocers & Commission Zlcrchants,' CHABLOTTE, II. C " Our stock of Orocerien Is complete In every de partment, and we hope by strict attention le tks wants of our customers to n.erit ibe continuance of the liberal patrouuge bestowed ou us during the past year. . : ... x ; .Wanted, : :'V' Cotton, Corn, Bacou, Ac, Ac, lor which wep highest cash prices. ' , Agents for Holt's Yarn, Sheeting, riaida, Also, for Ibe . unrivalled Brand of Flour made our own Mills. It will be to your interest to see ns before boyUf or selling. - , Jnne 20, 1870. ' ' State of North Carolina, Catawba conzty ; , Superior Court Clerk's Office, t Alfred K. Finger, AdmlBlstralor of Henry Flfi " dee'd, us. J. F. Finger, D. F. Finger et.sU. Petition to sell Land to make Asselta. if. L XI- Corkle, Attorney for Petitioner. . ? r . It appearing to tbe satisfaction of the nnder!gw Clerk, thai D. F. Finger, one of the above named defendants, is a non-resident of this 8tste and " not be reached by the ordinary process of law. H i' therefore ordered that publication be made for six - r . . a. aA succesaive. weeks in tne "western vemocrai, -weekly newspaper published in tbe City of Charlotte, N. a. for said Defendant to be and appear before tbe Clerk of this Court, at office laths Towa w Newton, on the 1st Monday ia September next, as4 answer Plaintiff's petition, otherwise judgment will be taken against him according to prayer of peti tioner. ' 31-Cwpd 311LES O. 8IIERKILL, C. a. y. July 18, 1870 3w
The Times-Democrat (Charlotte, N.C.)
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Aug. 2, 1870, edition 1
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