4 ;
VOL. XXV.
RALEIGH. N. C SUNDAY MORNING, APRIL 15. 1888
NO. 84
it ul
I
1 1
It rlt
AM)
Ir1.
ER
Absolutely Pure.
this rowler'never Yarles. A marv1
M porky, s&rength and wholescmene
"More eoonoWiicaJIthan ordinary kinds, and
saanot b old in competition with the
multitude U low test, short weight,
lttm or ph&pbate powder, told only to
ans. Rotj. Badh Powdk Co., lw
WsUStreeti New, York. .
Sold by W. O. A. B. Staronaoh, and
j g y snail A On. ;
f
Kei , uff- r is earnestly requested to
try it
and they wiUcknowlede it to be
A WlXDERFlL MEDICNE
Fa a Weak-Stomach, Impaired DIMi
j Aad PUordera of th Irlrer.
It aets tike mielc,' and a few doses will; be (ootid
to found to wok wonders upon the most lmpjr-
organs oi me nnman macnine.
"I bCYe used Btmmons Urer '
Regulator many years and
consctantously say it is the
King, of all Liver Remedies,
I eooftider it a medicine chest
ItseuV'
J, H- Pabdkhbb, Suffolk, Va.
B Hat IbpmhI I7pa.'
RiialMi Thai Vn t.t tMm Gtidn
Distinguished from all frauds and imitations by
oar red TrMe-Mark on front oi wrapper, ana
oa tke side tn seal and slcnature of Zellin Co
1
IMMENSE
m
Ton THIS WEEK AT
WOOLl
OTT & SOP,
4J
14 Eas Martin Street,
3,000
Pjir children's b'.ack hose ICo
a pair, a rargvn at zuc
E
bglish suitings 12 l-9o a yarJ, entirely
new aeiifoa.
poplins 7 t-jo a yard.
1 j
.Sf
ns 10c tnd 12 l-2o a yard.
'00 i a'rs lidies' gaiter., ?5o pair,
A 00) yards tprirg di&U cloih 80. 85 and
I i 50o, jut tb e t iin for the boys.
III
QiDgha-ns 71-
4c a yard.
new lindf faahionable prints 5 and
7 l-2c a yard.
if
few more remnants of prints at Se a
; yard.
w
riting pds for school children
.....
lei
- j 4c, ocanawc.
'I
1000 bottles Bixby's sh'os polish,
the
bes ;
make at 9c a bottle. :
Come to kalriee. Nebraska.
s
Cheap homes, mild climate, rich soil.
Sod school-, population, 10,000, will
uble in two years; values will also
double. Will soon be chief manufactur
ing city in this State. Immense water
power; Eight railroad outlets, with oth
ers surveyed or buildinar. Come, take
I advantage other magic growth, Excur
Vsions from jail Eastern points at half
rates. For Circulars address
I. i BOARD; OF TRADE, Bwtrice. Neb
I - -S : '
WW . 1.1. Mj.ntAjt n.. ll
f OUDK nill Willi inrit uc mA.iwu. viic wit
Hnu tn .r4 .null office to represent Us In his
NKWYORt K'F'GCO., 36 Broadway,, t.
I-
CONGRESS.
PROCEEDINGS YESTERDAY
IN
SENATE AND HOUSE.
LIVSLY DfSCESSIOX IN THE HOUSE ON THE
xarie- the nous af-pbopbia-
! ; BILL.
Washisqtox, April 14 Hquse.
Mr, RanHall, from the committee on
appropriations, reported the jegisia
tive, exreutive and judicial appropri
ation biH, and it was referred to the
committee of the whole.
The cpmoiiiue on Public jLands
repioratfid back the Senate bill; to re
lieve this purchasers of, and tolindem
nify certain States for swamp and
over flowed lands. Referred io com
mittee of the whole.
A bilfwas reported and placed up
on 'the calendar for the erection of a'
public building at Oaarlotte, N- C
TThe pjB.'jsion committee reported
with amendments the Senate bill
granting pensions to ex-soldiers and
sailors ho are incapable of the per
formance of manual labor and pro
viding pensions for dependent rela
tives of the deceased soldiers and
sailors, i
This bill was referred to the com
mittee of the whole.
In the morning hour the House in
committee of the whole took up the
billj authorizing the Secretary of the
Treasnry to settle and pay the claim
of the State of Florida on account of
the expenditures made in suppressing
Indian hostilities. A clause of the
bill provides that any balance remain
ing du of direct tax be held and
treated as a proper set-off against tho
claim of the State of Florida. The
hour was consumed in reading the
report, which is a long document, and
a brief statement by Mr. Mansuer, of
Missouri, as to the outbreak of the
Indians ii Florida in 1857, the sup
pression of which was the foundation
of (he claim, and the bill went over
without action.
The consideration of the ''home
stead" fill having been postponed
until nejt Saturday, the House went
into committee of the whole on the
Indian appropriation bill.
Mr. Perkins, of Kansas, said that
the bill presented no new features,
but it did contain a provision for the
payment of the Chocataw judgment.
The claim of the Indians had been re
ferred to the Court of Claims which
had rendered a judgment against the
government and that judgment had
been affirmed by the Supreme Court.
This judgment, amounting to $2,
800,000,5 was now drawing 5 per cent
interest! and he could . see do relief
forj the government except by an act
of repudiation. Therefore the com
mittee on Indian affairs had provided
in the bill for the payment of the
judgment. Then passing from the
subject Of Indians, Mr. Perkins ad
dressed himself to Xhe question of
the' tariff, his remarks being di
rected principally to replying to what
be called the recent free trade speech
of Representative Nelson, of Minne
sota. In the course of his speech he
sent to the clerk's desk and had read,
for; the purpose of showing Southern
sentiment on the subiect oi free trade
and labor, extracts lrom the Confwd-
eraie ixmsuiuuon, wmcn iea to an
inquiry from Mr. Allen, of Missis
sippi, ae to what Democratic plat
form the clerk was readin&r from t
Mr, Perkins criticised the Mills biH'l
as striking down the products of the
fieLd and putting the laborers of
America in competition with the la
borers of the old world, except, per
haps, in the case of the rice growers
of the South, and m the case of those
who were binding cotton and who
go( their iron bands free of duty,
while the northern farmer must
pay a dnty on hoop iron
for hooping nay. Me hoped that in
the coming debate there would be no
hypocrisy. He hoped that the mask
of hypocrisy would be removed and
the hideous face of free trade exposed
with all its deformities. While Mr.
Towneend and Mr. Springer and
others had been allowed to indulge
in ipla'itudes, gentlemen from the
South had been admonished to sit
still, but he hoped that now they
would demand to be heard. They
gate to the Democratic party 15 elec
toral votes and it was well that they
should pe consulted. After they had
hiipusterea against a bill which pro
posed to pay $17,000,000 to north
ern States, it was right that a Demo
cratic House should surrender to
them, (spplase).
Mr. Allen, of MississiDoi. thought
that it was a great pity that the gen
tleman from Kansas could not get
his head out of a cupboard and walk
squarely up to the issues: of today in
stead cf going back to slavery and
rebellion, and reminded him of a story
of two men.who when traveling went to
sleep in a room with a cupboard in
it. In the night one asked the other
to look out the window and see what
kind of day it was going to be; the
latter by mistake- opened the cup
board window and after looking
around awhile exclaimed, "it is dark
as h 11 and smells like cheese.
Laughter The gentleman from
Kansas, instead of getting his hsad
out into the daylight of 1883, bad
got it into the cupboard of
rebellion and everything was dark
as! h .1 and smelled of slavery,
(Laughter.) It was to the credit of
the Democrats of the House that they
had something better to talk about
than issues which had been dead for
twenty-five years, and if any Demo
crat got up and instead of discussing
living 'issues had nothing to talk
about but dead issues, he hoped that
he would be expelled from the Dem
ocratic side and made to take a seat
bebide the gentleman from Kansas,
where Le could stick his nose into the
cupboard where the gentleman had
his- (Laughter.) The gentleman had
read from the Confederate Constitu
tion. Did that gentleman know that
it was twenty-seven years since that
Constitution had been adopted. That
Constitution and what it contained
were net matters of interest even to
the people he represented and to the
people represented by the gentleman
who had reported the bill.
;Mr. Perkins suggested that those
.entlemen had been born when the
Constitution was adopted, andhosim
ply wanted to know whether their
sentiments had changed on the ques
tion of free trade and laVr.
Mr. Allen declared tuat the ways
and means committee was not in favor
of Blave labor. They all liad as much
respect, for the ' white labor in this
country as had the gentleman from
Kansas or any uthcr person who
would vote agim.-t i);e A.
"How about'; black laboit'j atked
Mr. Perk us.
"It is as-free ;'uu 1 iud penileLt '
white labor: in
K9
replied
1 M
Allen.
"How ub
Mr. Perkins
voting7" fien q eried
Mr, McMilliiD of Tennessee:
vote a3 iLey pkf.so.''
hey
Mr. Pei km:
How about chain-
gangs ia Arkansas 'aud Texas?"'
Mr. Allen I -kfjow this, that there
is no law in Mississippi or Arkansas
tLat decs cjnfigi) white felons to
the chain gsn just as quickly as
black ones, nod if the gentlemen were
there I don't know what his prospects
would be. Laughter.
Mr. Joseph, of New Mexico, ad
dressed the committee in favor of the
admission of Ne .y Mexico as a State
in the Union. -
The Indian bill was then considered
by sections. An amendment was
adopted adding '$20,000 for an inde
pendent band of Sioux in Minnesota.
No other affirmative action was taken.
Without finishing consideration of
the bill the conimitte rose and the
House at 6:10 adjourned.
Explosion of Powder.
By Telograpli to the tJews and Observer.
Montgomery, Ala., April 14. A. box
car containing 0co hundred kegs of
powder standing in the X. & N'. R R.
yards here blew up today. The en
gineer on a passing switch engine
noticed the car smoking and he and
the fireman iumped off and ran out of
the way. About that time the explo
sion occurred, jehaking the wboje
town to a distance of a mile. Win
dows were broken half a mile away
and plastering was shaken down in
the upper stories of tall buildings at
a greater -distance. A negro scar
coupler standing near was blown to
pieces. The loss is about $1,000.
The car is supposed to have caught
fire from the sparks of passing en
gines. The powder was consigned to
Mc Cormack& Richardson, of Eufau
la, Fla.
Sailed for ;Llverpool.
By Telegraph to the Kews and Observer.
New Yobk, April 14. Henry F.
Gilleg, manager of the suspended
American Exchange of London, sailed
for Liverpool on the steamer Euter
pie, which left ? early this morning.
His counsel, Mr. Cromwell, says he
was called to London by telegrams.
Mr. Cromwell attributes the failure
to the run of nervous depositors and
the uneasiness :was caused by the
newspapers chaffing Mr Qjlleg,
because of the series of personal'' diffi
culties in which: he was recently in
volved in New. York with a man
named GambelL and which notoriety
was misunderstood and misconstrued
by the foreign newspapers.
Broke Out la Hew Plaee.
By Telegraph to the Jew and Observer.
Minneapolis, Minn., April 14. 'A
Journal Winnipeg special says T
Wm Cameron, the teller of the Union
Bank, Bkipped off last night He
hired a rig and drove to the bounda
ry line. The police have been mak
ing desperate efforts to prevent his
getting across. He has been leading
very fast life, and got heavily in
debt. The amount of his stealing is
estimated as high as $38,000, but the
definite amount is not yet known. It
is supposed that Minneapolis is his
destination.
Fatal Accident.
By Telegraph to the News and Observer.
Woodbcbt, Nl J., April 14. Con
stable Jacob Yearick, of Red Bank,
is one of the "death-watch" over Geo.
Dunham, in jail here for mnrder. His
wife visited him today, and as they
sat side by Bide; on Yearick'a cot in
the jail corridor, Yearick stooped to
pick up a book. : His heavy revolver
dropped from his pocket upon the
stone floor and was discharged. The
bullet entered Mrs. Yearick'a heart,
killing her instantly.
Total Visible Supply of Cotton.
By Telegraph to the News and Observer.
New Yobk, April 14 The total
visible supply of cotton for the world
is 2,565,540 bales, of which 1,951,254
bales are American; against 2,001,714
bales and 1,986,414 bales respectively
last year; receipts at all interior towns
18,710 bales; receipts at the planta
tions 14,739 bales; crop in sight C,
578,163 bales. ;
Slcumer Sunk.
By Cable to the News and Observer.
London, April 14. The Norwe
gian Bark Norma, Captain Thornton,
from bavannah .March 5, for liotter
dam, was sunk in the channel last
evening by collision with the steam
er Bremen. The latter put into Do
ver. She is badly damaged.
Norma's crew were saved.
Weekly Bank Sate men t.
By Telegraph to the News and Observer.
New York, April 14. The follow
ing is the weekly bank staiemnt :
Reserve increase, $224,550; loans
decrease, $1,062,600; specie increase,
$1,171,000!; legal tenders increase,
$1,792,400 depositsincrease, $2,859,
000; circulation increase, $30,900.
The banks now hold $10,870,425 in
excess of the 25 per cent rule.
Kmperor Frederick Better.
Berlin, April 14. The Emperor
Frederick had a good night- This
morning he read a report, from Col.
Aldey dill, and afterwards drove in
the Lustgarten.
Falls to Honor Drafts,
London, April 14. The branchoffice
at Queenstown of tie American ex
change in Europe has failed to honor
a number of drafts including one
United States Government ; draft
which was presented by the consul.
-. -4 .....
Fk Staltroad Men.
The editor of pur Railroad Men, Nor
folk, Va., stales that an old friend who
had a chronic cough could find no phy
eician or remedy that would cure him
until he tried Taylor's Cherokee Rem
edy of Sweet Gum and Mullein.
STILL IMPROVING.
MR.
CONK LING PASSES AN
OTHER COMFORTABLE
i NIGHT.
he ; r. r..-sa uui-ixf as feelino
HOI i TUL THE ALARMISO SYMPTOMS
i i.-ui rr.u; and he BE6TS com-
r btablt.
By Tegrap':
Nr'w VuIlKi
passed mi til
i quarter psi
News and Observer.
April 14 Mr. Conkling
i -co iii for table night. At
'i; mi e o'clock Doctors
Brkt r
u.u $- liinv i son called at the
qouso. They r:'nained in the sick
room abut a qaarter of an hour,
wher Mr. Coi.kliiig said : "The alarm
ing symptoms whu-h exhibited them
selves yestereUy "have entirely disap
peared, so I feel very much reassured."
Mr. Conkling passed a comparatively
easy night, although he is a little
weaker this m rning. He slept most
of the time during the night. When
he wakes up; be appears to be much
more intelligent. Dr. Sands dressed
his wound. There was a slight mark
of puss. Mr. Conkling's pulse was
92 and his temperature 100; respira
tion natural at about 18 when he
slept and 20 while awake.
BTANIV.
FARMING THE FINEST WHEAT 15 THE
WORLD TRANSPORTATION ALON9 THE
ROUTE ALBEMARLE - RAILROAL POSSI
BILITIES CROP PROSPECT NOTES,
TC., ETC.
Stall Correspondence.
April 14th, 1888.
A TBIP TO STANLY COUNTY.
Stanly county was named in honor
of Col. John : Stanly, of New Berne,
the father of Hon. Edward R. Stanly.
Col. Stanly was one of the most
prominent men of his day in the poli
tics of this State. This county lies
on the west side of the Yadkin river,
and is bounded on the south by the
Rocky river one of its largest tribu
taries it is touched on its several
sides by the counties of Rowan,
Davidson, Montgomery, Union and
Cabarrus. Its soils are divided from
the clay and. chlorite slates of the
great central slate belt of
the State, and are gray
and gravelly loams or red clays, ac
cording as the underlying rock is of
the former or of the latter descrip
tion. . The forests are mostly short
leaf pine and oak. Its surface near
the water courses is generally much
broken. The southwestern portion
of the county is characterized by com
paratively level tracts of gravelly
lands, covered with extensive short
leaf pine forests, subordinated with
a growth of oaks.
: 1ARMINO.
The last census shows that the cot
ton is about of equal value with that
of the grains, of the county, an area of
21.21 per cent being tilled land, of
which 10.02 per cent is cultivativated
in cotton.
Stanly county produces
THE FINEST WHEAT IN THB WORLD.
At the World a Fair at Vienna,
Austria, a Jew years ago htanly
county was awarded the premium for
the best wheat on exhibition against
all competitors. The wheat exhibited
on that occasion made seventy-two
pouuds of flour to tho bushel. The
general average in the county yields
from 65 to 70 pounds to the bushel
sixty pounds bemg the rule in esti
mating the quantity of flour produced
from one bushel of wheat in the
wheat and flour markets of the world
The slate lands of Stanly are pre
eminently suited to wheat produc
t on, though they seem to the eye of
the traveler to be exceedingly poor
and thin.
MIKINO
is carried on very extensively in
this county. The western strip of
mining territory is adjacent to Gold
Hill and is comprised in the belt
stretching from Davidson to Union
counties. The mineral localities in
this belt in Stanly are not less than
twenty in number. The ore assays
have panned out all the way from $8
to $300 per ton, this latter amount
coming mostly from "pocket" mining.
TRANSPORTATION
facilities are very poor and difficult
in Stanly. Except on the ridges where
the slate rock crops out the roads are
badly cut up at this season of the
year by the wagons which are con
stantly hauling heavy machinery to
the rivers in this and Montgomery
counties. Concord, in Cabarrus, and
Salisbury, in Rowan, are the shipping
points for Stanly, and these places
are about thirty miles from the coun
ty seat,
j ALBEMARLE.
This little village though isolated
from the outei world as regards rail
road facilities, enjoys many of the
advantages of its more favoted cous
ins. Its people are refined, cultiva
ted and exceedingly clever, and num
bers among its citizens some of the
best men and : women in the State
There are several denominations
churches here, Methodist, Lutheran,
Missionary Baptist &c, and a most
excellent school which is .liberally
patronized.;
RAILROAD POSSIBILITIES
are much talked of by the people of
Stanly, the county having not long
since voted a subscription of one
hundred thousand dollars to the
proposed line from Bristol, Tenn., to
Southport (Smithville), N. C. Messrs.
Bellsmier & Austin, of Philadelphia
and N iw York, were at Albemarle
this week oh a trip over the line gath
ering statistics in this and the differ
ent counties through which the road
will pass, in order to ascertain the
probable amount of freights and other
business this line could control.
Other lines are also talked of, but the
probability jof their being built in the
near future! is not promising. No
people id the State need railroad fa
cilities more than those of Stanly and
Montgomery counties, and it is to be
hoped all this railroad talk wid cul
minate in something real.
ALONG THE ROUTE
whicli the writer traveled from
Salisbury, the point of leaving the
railroad, to Albemarle, the undulat
ing fields of hill and valley covered
with wheat, oats and rye in all the
verdancy of Spring, oftentimes mak
ing a picture of the most picturesque
beauty, while on the opposite side of
the road the woods would be a varie
gation of the red bud, dogwood blos
som and young green leaves just be
ginning to unfold themselves after
nature s winter of dormancy what a
wonder is nature.
THE CBOP PROSPECTS
in Stanly and adjacent counties are
exceedingly fine, the wheat and other
small gram crops are looking very
well indeed, and but for the chronic
grumble of farmers times would not
be so bad as they seem. Did you
ever think of it, reader, that if men
of ether professions were all
the time talking about hard
times and their own poverty and
the difficulty in making a living,
and Low hard it is to make buckle and
tocgue meet, how such talk would be
ikely to effect the business interests
cf the country. Already the poverty
cry of the farmer has caased land to
depreciate in value, for surely nobody
wants to invest money or live in a
country where every body is in such
dire straights for a living. What we
want is more brains and elbow grease,
supplemented with untiring energy.
Stop croaking, gentlemen.
NOTES. '
TLe writer was p easeJ to meet the
followitig clever gentlemen this week
Albemarle: Col. Samuel J. Pem-
berton, T. J. Jerome, Esq. and J. M.
Brown, Esq., of the local bar. Hon.
M. Robins, of Randolph, Mr. Doug
lass, of Montgomery, J. L. Lockhart,
of Anson, who is fresh from his great
victory in the Stone case- at Raleigh,
John Mauney, Esq, of Rowan,
Messrs. J. S. Atkins, W- H. Hearn,
Capt. D. H. Miller and others of
Stanly. We also enjoyed the hearty
handshake, pleasant smile, witty say
ings and humorous anecdotes of B.
F. Long, Esq , the efficient solicitor
of this district, who is making a rep
utation most enviable, much to the
grief and consternation of all law
breakers in his district.
At Greensboro, on our return yes
terday, we had the pleasure of meet
ing Capt. James S. Battle, revenue
agent, who goes to that place to re
lieve Col. Clark, who goes to St.
Louis. Capt. Battle has had his
headquarters at Philadelphia for
about two years and comes brck to
his native Slate to the gratific ttion of
bis friends throughout the State.
It. B.
The Man to Beat ilieho's.
Cor. of the News and Observer.
Mb. Editob : There are men who
seem to be specially fitted for special
emergencies, and the public is, by no
means, slow tn making the discovery,
when the emergency arises, who is
the man to meet it; and, if the public
judgment be not thwarted that man
may be made to subserve the public s
interest as, perhaps, no other could.
For some reason, or other, (it is
use'ess to inquire why) there is a de
mand, lust now, in North Carolina,
Tor candidates who represent the la
boring classes Uie mechanics and
farmers candidates who can say to
the horny handed toilers : "We are of
your class we earn bread as you, by
the sweaf. of oar brows, bv the use, of
.specially is this true in a very
large portion of the 4th Congres
sional district. The election of Mr
Nichols to Congress, over Maj. John
W. Graham, is a demonstration of
what I say, for, but for the fact that
he; posed as a labor man hecould not
have swept the district as he did.
Mr. Nichols is again a candidate,
and the circumstances under which
be was elected have not materially
changed. His only hope for re-elec
tion lies in the fact that he claims to
be a mechanic and can better repre
sent the laboring masses than a law
yer or one who has been a politician,
liut Air. jNichois should not be re
elected. The district is Democratic
and it should have a Democratic repre
sentative, and the question which
should most concern the party, is
"Who is the man to beat Nichols ?
Who is the man that can carry the
Democratic labor vote and restore
the Democratic majority in the Ral
eigh district?"
I answer that Raleigh has the very
man for the emergency, and that man
is Needham B. BboughtonJ He is
more than a match for Nichols on the
stump, while, before the laboring
classes, he has that prestige which
success in business, as a laborer al
ways gives a man.
Mr. Nichols has not that prestige.
He has not, like Mr. Broughton,
always made his living by the sweat
of his brow, since the war at least, for
most of that time he has been an
office holder. For most of the last
twenty years he has had the public
teat in his mouth and been a suck
ing calf, instead of wearing the yoke
like an ox and carryiig the burden of
life by bis own strength. Mr.
Broughton, on the contrary, is what
be is by his own : individual effort a
laborer among laborers and beloved
by not only all the laborers, but by
all who know him and have watched
his straightforward course in life.
Pitch Needham B. ' Broughton
aga n8t John Nichols and the fourth
Congressional district can easily be
redeemed, for, besides the qualifica
tions referred to, Broughton, as a
prominent Baptist, would create an
enthusiasm among the members of
that very large denomination that
would greatly strengthen the entire
Democratic party in the district and
in the State as well. Citizen.
Fowle In Buncombe.
: Ashevillb, N. C, April 13, 1888.
Messrs. Editors: "-r
Dear Sibs : 1 see by your paper of
the 12th that Buncombe's choice is
S ted man. This is a great mistake.
He is popular and strong, but I have
mixed with the people very much of
late, and I find Judge Fowle is far in
the lead. All agree he has done more
and better work for the good of the
part.v (and the State) than almost any
other, and be surely has been the
least rewarded. He can do more to
unite the Democracy of old Buncombe
than anyone else and can roll up t
big majority in favor of honest gov
ern men t and white supremacy. Da
vidson is the fall choice for A? -tnt
General. r H-itX
Letter frtm Mr. Argo.
Raleigh. N. C, April 13, '88.
12litor JTews and observer ;
In the issue of the News and Ob
server of the 11th inst., I notice a let
ter from Mr. F. H. Busbee, of this
city, intended to be, as it appears, ex
planatory and defensive of his action
in Toronto and here, in regard to the
extradition of White and Cross from
Canada. Concerning it I should have
nothing to say, but for some very
acerb references to myself, and the
grave and startling errors he makes
as to the law. In one portion he says:
Mr. Argo may be, as he says, the
sole responsible officer, and have en
tire and unqualified control of such
prosecutions (referring to prosecu
tions against l.ross and Y hite) but the
current of authorities, as I read them,
seems to vest the control of all mat
ters of extradition in the Governor
of the State."'
Agin he says: "He may, if he
sees fit, attempt to violate the agree
ment that the prisoners should re
turn as upon extradition, made be
tween the attorney for the prisoners
and the attorney of the State of
North Carolina, accredited under its
great seal, and at the same time vio
late the provisions of the treaty be
tween Britain and the United Statep,
but I hardh think he will."
These suggestions lead, naturally
to the question; what power or au
thority had the Governor of North
Carolina to treat and enter into com
pact with a foreign sovereignty
through Mr. Busbee as minister, or
envoy, or even ' in all capacities, or
in any capacity 1 By Art. 1, Sec. 10, of
the Constitution of the United States,
it is provided that "no State shall,
without the consent of Congres,
enter into any Agreement or Compact
with another State, or with a foreign
power." By the framers of the Con
stitution, and by the courts, State
and Federal, this provision was and
has always been understood to mean
that in regard to all matters of for
eign intercourse, the power and au
thority of the Federal government
were exclusive and supreme. The
inhibition upon the power of the
States extends not only to the nego
tiation and ratification of for
mal and technical treaties, but
States are absolutely prohibited
from having any official intercourse
with foreign nations, either by agree
ment, compact, "Stipulation," "Cove
nant," arrangement or negotiation.
They cannot enter into any treaty,
agree to the interpretation of any
treaty by a foreign authority, nor,
without the consent of Congress,enter
into any compact either with another
State or with a foreign power. The
inhibition extends to extradition
treaties, and to any action under or
concerning them Extradition is a
part of foreign intercourse which is
confided by the Constitution
exclusively to the Federal authority,
and in which the States cannot even
participate concurrently with the
general government. A State is not
authorized to surrender a criminal
fugitive to a foreign sovereign, nor
can a demand of surrender be made,
in such case, by a State through any
agent or attorney appointed by its
Governor or under its authority. As
regards all foreign intercourse, by
the Constitution of the United States,
a State is completely denuded of all
authority. All demands for extradi
tion must be made by the su
preme political authority of the
demanding government, by the au
thority of the nation, in behalf of the
nation and by virtue of power and
authority with which the nation is
clothed as a sovereignty. Spear on
Extradition, p. p. 18, 25, 223; Tay
lor vs. Tainlor, 16 Wall 336; People
ex rel Frances C. Harlow vs. Curtis,
50 N. Y. 321.
Tho only participation that a State
can have in extradition proceedings,
and that only where the fugitive is
charged with a criminal infraction of
State law, is to certify the accuracy and
correctness of judicial proceedings
over the hand of its Governor and the
great seal of State to the Secretary of
State of the United States, and prefer
therewith a request for a demand of
extradition. In this short and simple
proceeding the Governor acts under
rules prescribed and promulgated by
the Federal Secretary of State. This
done, his agency ceases. There
fore, when the certified indictments
against Cross and White and the re
quest of the Governor for extradition
were presented to the proper author
ity at Washington, the Governor was
functus ojjicio and his attorney, Mr.
F. H- BuBbee, was functus "in all
capacities."
What omciai Handing, tnereiore,
did Mr. Busbee have in her British
Majesty's Dominion? The Governor
of North Carolina would "and could
have had none had he been there in
propria persona as the representa
tive of the State. No power or au
thority is or was resident in him to
make demand or negotiate for, or
"st pulate" or "covenant" concerning
extradition. How then by a simple
power of attorney, such as would
be given a lawyer to represent a cli
ent before a justice of the peace,
could he delegate that which he "had
not, nor never did have or could have?
What official standing then, had Mr.
Busbee before the Canadian govern
ment, or in the court of the police
iustice of Toronto? No such ofhee,
or agency or place as attorney of
North Carolina, "accredited under its
Great Seal, to represent" the State
abroad in extradition proceedings, is
known to American or British or in
ternational law; nor is it known
elsewhere save in Mr, Bus
bee's imagination. If therefore he
attempted such fuction?, they were
superinduced upon his simple posi
tion as an American citizen stopping
for a while in a foreign country.
The only officers known in extradi
tion proceedings are the executive
heads, and diplomatic representa
tives of the demanding and of the
asylum States, and the extradition
agent appointed by the demanding
State to receive and conduct the crim
inal fugitive. Id the case before us,
Capt. C. D. Heartt, was specially com
missioned by the President as extra
dition agent, and was the only person
of the three who went to Canada that
received, or was entitled to receive
official recognition. But he made no
"stipulation" or "covenant" in any
capacity.
The agreement or compromise of
Mr. Busbee with White and Cross,
therefore, have no effect to qualify
their responsibility to a violated law.
The return of the fugitives was vol-,
untaiy, and not under and by force of
an ordir of extradition.
Their flight did not oust the juris
diction of the North Carolina courts
of the crime or; crimes which they had
committed. The ouly question is,
whether their fi ght and the circum
stances of their return operated to
oust t he j urisil let ion of their persons,
as t6 all other offences than tue three
forgeries specified in their csmpro
mise with Mr., Busbee. It is now
generally sgreed among nations that
an extra iicted ; crim nal fugitive can
only be tried for the offence specified
iu the demand of extradition or the
compiaiut. Thid interpretation being
nnd3 upon treaty stipulations, it is
regarded as an aet of bad faith and a'
breacii of compact for tb demanding
State, after formal and regular extra
dition to insist upon tryicg the .of
fender for other crimes. But it is
only where the extradition baa been
regular, and the proceedings have
been pursued to a tiual and orderly
termination, and th6 fugitive has
been delivered up, thereunder, that
the extradit ng goverr-mcnt can com-
Elain that its right to accord asylum
as been viola ed, or the returned
fugitive can claim that ho is clctbed
with immunity under the treaty. For
as nothing has beei done under the
treaty, ihere oan be no violation
of good faiCh, nor of duty
to the accused. Hence though
a criminal fugitive be induced
even by fraud, or forced by violence
to the sovereignty whose laws he had
violated, the courts of such country
might take jurisdiction of both the
person and the offence ; for by his
flight he could not gain exemption
from a visitation cf that justice which
he had offended; and however he may
have been brought within reach of
the arm of the law, he could not es
cape its imposition. Such is not only
the "current of authority," but the es
tablished law. If a criminal be amen
able for any offence he may have com
mitted, if brought to tbe offended
S ate, and within its jurisdiction by
fraud or force, a futiavi would he be
liable to prosecution and punishment
if he should return voluntarily.
Extradition is defined to be the ar
rest and delivery up to the authority
of th demanding State of a fugitive
criminal, upon and iu consequence of
formal demand, after examination of
all the evidences by a magistrate of
the asylum State, and watrant of ex
tradition issued by its chief execu
tive authority. 33 and 34 Vict. C. 52,
55, 7 and 10. U. S. vs. Jtauscher, 119,
U. S. 418. Ker vs. Illinois, 119 U. S.
436. State vs. Smith, 1 Bailey, 283
(S. C ) S. C. 10 Am. Decis. 679. State
vs. Brexcster,1 Vt. 118. State vs. Ross
& Maine, 21 Iowa 467. Ia the last
case cited the court says,that where a
fugitive is brought within the terri
tory of the demanding State other
wise than by formal extradition, the
courts of such State would be gu lty
of gros3 injury to the peoplo, if they
should discharge the criminal untried.
In the ca3e of Cross and White, if
any warrant of arrest wero issued at
all by the Canadian police justice, it
was withdrawn, no examination was
had under it, no certification of pro
ceedings was made to the chief Cana
dian executive, no order or under
standing by any foreign officer was
made or entered in o, no warrant of
extradition was issued, but the fugi
tives were discharged, and returned
willingly, voluntarily and unbounded,
as in two telegrams they had signi
fied to Mr. C. D. Heartt their willing
ness to do, and as they told him they
would do at first sight of him in To
ronto; when they said, "For God's
sake take us back home."
In view of these facts, I hardly
think that a collateral, ui . horized,
and private compromise .uu Mr.
Busbee can stay the (majesty of the
law. There having been no extradi
tion, no question can arise as to a
breach of international com
pact, so I hardly think that
Her Britannic Majesty's government
will make the ignoring of Mr. Bus
bee's compact the subject of diplo
matic correspondence, or that the
Federal Courts will regard it as a
breach of treaty obb'rratior ro as to
invest them with a . ..p rv.i.y juris
diction; but I do think that the law
of North Carolina will be allowed to
take its due and orderly course.
In his statement of facts Mr. Bus
bee omits to relate that be met me on
the street after the adjournment of
the court then in session in Raleigh,
told me that the bank examiner had
discovered some forgeries, and kindly
offered if I would furnish him the
blanks and my form book to draw
bills and hand them to me, and that
he did so, for which I thanked him,
and that I myself examined the bills
and took them into the grand juiy
room. Ha omits further to s;ate that
I was kept in ignorance of the fact
that the "wires were working" be
tween Raleigh and Canada until after
the arrest of the parties, and he had
very nearly completed his arrange
ments to proceed tow Washington
City.
He omits to state also that extradi
tion proceedings are very simple and
that after tho clerk of Wake Superior
Court had certified the bills and affi
davits upon which they were found,
and Judge Shipp had certified to the
cleik's official position and the cor
rectness of his certificates, the whole
matter was committed to the Gover
nor and to the Secretary cf State o'
the United States. However, I have
no disposition to detract from such
credit as he may deserve for asking
the judge and clerk to furnish certifi
cates and for bearing the lequest of
the Governor to Washington. Nor
have I anything to say as to the right
of the State National Bank of Raleigh
to the $25,000 taken from the persons
of the fugitives, and concerning which
Mr. Busbee manifested so much so
licitude. It appears that the bank gave noth
ing for this money, that it never
reached the vaults of the bank, and
that it would be left in no worse con
dition by a failure to get it than it
would have been hai Cross and Whi e
' ,
This matter must
be determined by
good morals and
by the law.
lire aunounce my purpose, there
fore, iu conclusion, to proceed fairly
and; dispassionately, with due regard
to the rights of all concerned, in such
manner as the demands of my official
station, quasi judicial in its nature
and; duties may require, anything in
the "stipulation and covenant" be
tween Messrs. White and Cross and
F. H. Busbee ' in all capacities" to
the?coutrary cotwiths'anding. Noth
ingness; nothing more. With this,
save in an official capacity, I have
done with the subject. j
Kespectfully, j
T. M.IArqo.
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