w- ' ' ' - ' " 1 - ' L sr : V ' K ' '" ',' '
"t 1 . .','.'' ; ' 1 ' - r - '-
.7 , . !' - " - - " : : h
'!, " ! TTLR STT?OYfiTJlST "RTTT.WAT?r ntrn vrrATmr, . , .
r vuiv uUiMlil lllli fUl'ULAK HEART.- s
. 1 ; ' ' ' ' ' ' " " ' ; ' " : " ! ' I Y ; : j , : ' ' . , . ' .. - 1 ; . Y
CARPENTER & GRAYSCtf , Editors.
CLENDEMN & CARPENTER, Publishers.
VOL. I.
MUTHEEFOMDTO N. C.r NOVEMBER '0,: I8TS.
NO. 41.
. I ! - r : . ; 7" .1 ' .
... 'i - .
! .professional: cards.
g. S. OAITltER. JNO. GRAY BVXUM.
; GAITIIER & BYNUM,
ATTORNEYS AT LAW,
MoROtVTnv M f!
k Practice in tlie Federal Courts, Supreme
Court ot North Carolina, and in the Counties
i.i ratawba, Caldwell, Rutherford, McDowell,
Vl ?. -.1.-11 1 "vr..
lenderson, siucneii aim iHiiwy.
Collections wade in any part ol the State.
j y '! ' ?-S:y
: W. H. COX,
SURGEON
AXD
Dentist.
38:ly 1
RuTIIERFjORDTOX, N. C.
1)K. J. A. HAGUE,
Physician and Surgeon,
Having located :t IJutlu r.'orrtton, N. C, re
'CClfiiIl) U-uders his rroios.-sional Services to
ihe citizcjif l '.fhe Village ami t-'urrouiidiug.
1 : 1 n-v, r iinl hope to merit it pait of their
.iitroija,:a ' j 38: ly. :
; .DR. d. L. KUCKER,
! ri'YSlCIAK.. AND UliGKON,
: Oivittful lor the .lihoritl palroiiae hereto
for reeeived. hopes, by pn-mpt ntteiifioii to
jill eallv, to niejil : Co u ti nuance of ll.e name.
. , i-tl ' '
n. w. uxiAN, ,.'j. ji. JusTicr.
LOGAN k JUSTICE,
ATTORN KYS aT LAW,
; Ti I'TII Kli KOKpTOX, N. C.
V.'iLl irivc prompt s.ttetit on to all business
utrtMted -to their care.
Pitii.ii'arKtlviitioii :i von to! collections in
both Superior and Justices' Courts. Itf
.!. P. (CARPENTER,
A 1 TO R X KY A T LA W, -
L'TII Eli KOKin'ON, N. C.
Collections romptlv attf iided to. llf
HOTELS. I
CHARLOTTE HOTEL, .
, ClIAHLOTTE, N. C.
W. II. Matthews i& Son.
j ! :J 8: t f
jTk mujunett"" IIOUSE
RL'THEPiFORDTON, N. .
Is f'prn for ihe vet onmiodationof the
UsiVi-lliiijr public, jind with uo.d fai utteti
Jive h(iaiits. 311. d rood stables rand (feed for
liorsts, the put lietor. :ik. a share of patron
jrr. CV JiURSKTT,
Il ly . j Titph tor.
! ALLEN HOUSE.
ILEXDERSONVILLE, N. C.
T. A. A I LKN, Troprietor.
('odd Tables, M cut ive Servants, well vtn
tilhitod l,!oiiis at d comlbrtable Stables.
BUCK HOTEL,
ASI'KYlId.K, N. C,
It M. DEAVER, Troprietor.
Flemming House,
.liAUIO.X, c.
!-:lI.)arl per Day, ' ! SI. 50
" Week, j 7.00
" 41 ' Month, ! 21.00
24-tf R. R. FR K KM A N; Proprietor.
B U SI NESS CA 1WS.
JKO. L. MOORE,
Produce and Cotton Shipper,
; AND DEALER IX
GENERAL MERCHANDISE,
SHE LIZ Y N. C.
1 jrive strict attention to the forward
pand selling Cotton, on Planter's accounts,
tliroug'i my eoncppondents, in New York.
Boston, Baltimore and Liverpool, and will
fiegociate lor advances on Shipments, at a
c.iarfie of $1, per bale. All persons desirous
' ' Shipping .on Accouut, cat confer with mo
hy Letter or otherwise. Y 38:3ui
BLACKSaHTHING.
Bradley Dulton would annouccto his
oIJ. lrienda and customers that his Shop is
in full blast on Main Street', South ot the
'aiL Terbs as low as the lowest,
Shoeing IIor$c $I.OO.
Country produce takcu in paj inieut for work
t market prices. !
"mm. Give Iiim a Call. 10-!y
ST-CAROUNA record,
IrBLisHED Weekly at 2 rEB Year,
Clexdexin & Carpenter,
RUTHERFORDTOX, N. C.
2 I
western star lodge
! No. 91, A. F. 2I. ! I
, . Meets regularly on the 1st Monday right
I ;ach month, Tuesdays of Superior Courla,
a on the festivals ot the Sts. John.
fl If XI' II lfPl.'IMTMJ ' TTT r
. Ju jiijt'K, see. -
1
WEST-CAROLINA 111
PUBLISHED EVERY SATl'KDAV.
' rp . V-Publis:
HEES.
RUTHERFORDTON, N. C.
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Single copy, !''.'. .05
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Rates of Adyertisixq. j
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JCsS"" Special arrangements, Vvhen
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t&" Objectionable advertisements,
such as will injnre onr readers, or
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toned journal, will not be inserted.
sT Any further information will
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lishers. . )
A Sous for I'Oibcaiuiitc.
JOAQUIN MILLER.
Is it worth while thatve jostle a
brother
Bearing his load on the road of
. life?. ,y"
Is it worth while that we jeer at each
other
In blackness of heart ? that we
war to the knife ?
zGod pity us all in our pitiful strife.
i -t
God pity us all as we jostle each
other; -God
pardon us all for the triumphs
we feel
When a fellow goes down 'neath his
load on the heather,
Pierced to the heart : words are
keener than steel,
And mightier far for woe or for
' weal. . '
Were it not well, in this brief little
. journey
On over the isthmus, down into
the tide, !
We give him a fish instead of a ser-
pent,
Ere folding the hands to be and
abide
Forever and aye in dust at his side ?
Look at the roses saluting each other ;.
Look at the herds all at peace on
the plain
Man, and man only, makes war on
his brother, . -
' And laughs in his heart at his peril
and pain; '
Shamed by the beasts that go
down on the plain.
Is it worth whilethat we battle to
humble ;
Some poof fellow soldier down
into the dust? i
God pity us all ! Time it soon will
tumble
. All of us together, like leaves in a
gust, i
Humbled indeed, down into the
dust.
The man who carries a lantern
on a dark niurbt can have frienfls
all around him, wal kin safely by
the help of its rays and be not
defrauded. So he who has the
Godgiving light of hope in liis
breast can help on manj others
in this world's darkness, not to
his own loss, but to their precious
gain.
When troubles come upon you,
fly higher. And if they will
strike you, fly still higher. And
by and by yon will rise so high
in the spiritual life, that your af
fections will be set on the .-things
so entirely above,- that j these
troubles shall not be able to touch
you. "Rise higher."
"When God threatens, that's a
time to repent ; when he promi
ses, that's a time to believe;
when he comraaiids, that's a time
to obey. ;.
The Charge delivered by the
Hon. Robert P. Dick, V. S.
Judge for the Western Dis
trict of North Carolina at the
opening of the District Court,
at Asheville, !V. C, on Tn -day
the 4th aay of November,
A. D., 1873.- It
Mr. Foreman, and Gentknlcn of
the Jury. ' j
The history of the world s
lows
that the happiness, prosperity and
materai advancement or every na
tion depends in a cjreat degree
ufon the uist, impartial
speedy administration of its
and
nicipal laws. The laws consti
tute the basis and bounds of civil
society, and are defined to; be,
"rules of civil conduct prescribed
by the Supreme power of a !tate,
commending what is right,! and
prohibiting what wrong.'! In
this country such laws arc enforc
ed in courts of justice, by certain
regular and uniform rules of pro
cedure, recognized bv the icom
rnon law, defined by statue,
established 1 by the course
and
and
practice of the Courts. M
, In all civilized States lawslare
founded upon the great principles
of tru th, .morality and justice Im
planted in human nature by our
Divine Creator; and are develop
ed by the reason, wisdom and ex
perience of mankind. Various
systems of laws have prevailed
among the different eivilizedj jna
tions ; but the fundamental princi
ples of such systems are in many
respects similar, and in the pro
gress of ages the ancient systems
have exerted a beneficial andj en
lightened influence upon succeed
ing civil institutions, and altogeth
er they form a grand systeni of
jurisprudence, which furnishes1 in
struction and guidance to the: en
lightened statesmen, legislators
and judges of every land. t
TheEnglish common law which
is the immediate basis of thejuns
prudece1 of all cnlish speaking
people came down from a remote
-antiquity and consists of customs,
usages, rules and maxiums con
cerning the powers and property
of men ; established, molded land
developed into a systeni byj jthe
common sene and experience of
the English people during) jthc
lapse of ages. I
The principles of this law are
not entirely embodied in statutes
or a written code; but are to be
found, principally, in the reports
of judicial decision of actual con
troversies; in the immemorial
course and practice of the Courts
and in the treatises of learned
and able jurists and cornnienta
tors. The original principles! of
the common lawr were enlarged,
extended or modified by the
statues of the British Parliament
and bv the, decision of the En
glish Judges at various periods; so
as to keep pace with the progress
of civilization, and to meet the
conveniences, wants and necessi
ties of society, which were devel
oped by the social intercourse,
commercial advancement, and
business transactions and rela
tione of a ;free, enterprising, (in
dustrious and highly- intelligent
people. Y ! !
Our American ancestors
brought with them ,to tliis cotin
try the common law of r nglaajd,
and claimed it as a part of tlleir
birth-right as Englishmen, and
the- rocognized and adopted such
portions of it as was suited! to
their own condition and peculiar
institutions; and the Statutes) iof
the Parliament t'.mendatqrj' of tlie
common law, -passed before the
Declaration of Independence are
considered by American jurists
as ar part tof our common hik
Since the Independence of 4ir
nation the common law in tliis
country has been formed into!
different systems by changes ajid
modifications made by Legislative
enactments and Judicial decision
in the several States. A large
mass of the principles of the
American common law is the
same in all the States, and tlie
decision of questions regulated by
these general principles are the !
same in all theTStatesand Xatioii- !
al Courts. The State Courts are
the forums in which most of the
civil rights of the citizen arc pro
tected and enforced and criminal
offences at common law are tried
and punished.
The Government of the United
States derives its authority from
the Constitution, and can only ex
ercise the limited powers therein
specified- and such are neces
sary, and proper for the effectual
discharge of its designated func
tions.' Its Courts can only exer
cise such jurisdiction as is express
ly confered by the Constitution
and the Acts of Congress in ac
cordance therewith. The Con
stitution, recognizes trie existence
of the Common Law ''and its ob
ligation force, and the National
Courts observe and enforce its
principles in administering, the
civil rights ot the citizen in all
causes coming within theif juris
diction, where such principles are
invalued. In criminal matters the
National Courts havenocommon
law Jurisdiction, and only hear,
determine and punish such offen
ses as are designated by Statutes ;
and in such offences their jurisdic
tion is exclusive, as no part of
such jurisdiction aan be delegated
to, or be exercised bv a State tn
buual. In exercising their crimi
nal jurisdiction the National
Courts are guided by the -princi
ples ot the common law in admin
istering such remedial justice.
AVe will now state some of the
principles of tlie common Law,
which are in full force in the Xa
tional Courts, and applicable to
cases which iriy come before you
for consideration and action :
These Courts are bound as far
as their jurisdiction extends, to
observe, secure and enforce the
rights of personal security the
rights of personal liberty, and the
rights to acquire, enjoy and dis
pose of private property. The
Constitution of the United States
in carrying out the Ancient and
well settled principles of the com
mon Law, expressly provides:
" That the rights of the people to
be secure in their person, houses,
papers and effects unreasonable
searches and seizures shall no be
violated ; and no warrants shall is
sue but upon probable cause sup
ported by oath or affirmation, and
particularly describing the place
to be searched, and the person or
things to be seized." u A waif s
house is his castle" is an ancient
maxim of the law recognized by
all of our Courts, and no one has
the right to enter a dwelling
house without the perniissioiiof
"the owner, except under due pro
ccss of law. To this general rule
there are some exception founded
upon the great. public necessity
for the speedy suppression and
punishment of crime.
If a person has committed, or
is about to commit a felony in
his own house, any person may
enter to arrest the felon, or to
prevent the commission of such
crime. If a felou takes refuge in
a private house, any officer of the
law, or other jperson may enter
such house without a .warrant to
arrest such felon. But such ac
tion without a warrant can only
be justified b'showingconclusive-
ly that a felony had been, or was
about to be committed. Where
an officer acts under a warrant
duly issued, and strictly follows
the commands of such warrant,
ie is justified, even though the
complaint proves to be unfound
ed. j There are other cases founded
upon great and overruling pub
tic necessities, where a man's
dwelling house may be entered,
appropriated and destroyed for
the public benefit, without any
lega 1 p rogress t o which I n red n o t
further allude.
Such casses are regulated by well
established maxims of law, which
regards the general public safety
and advantage as above private
inconvenience and damage.
With these exceptions a man's
dwelling house cannot be entered
against "his will, or searched, ex
cept in the manner allowed and
directed by law. Such warrants
are justly, odious to a free people,
and ought not to be issued or act
ed upon in any case, unless all
the requirements of the law are
strictly complied with. These re
quirements are as follows :
1. They can only be granted by
la-y, and must not be issued, un
til oath or affirmation is made be
fore s.ucli officer, showing that
a crime has been committed, and
that there is probable cause to
believc'that the offender or 'the
property. which was the. subject or
instruruent of the crime is con
cealed in a certain specified house
or place.
2. The warrant should particu
larly specify the place to be
searched, and the object for
which the search is made.
3. The w;ar rants should not be
directed to a private person, hut
to the proper officer of the law
authorized to act in such cases.
4. The warrant must expressly
command the officer to bring the
property seized and the person in
whose possession it was. found,
before the Magistrate that proper
legal action may be had in the
matter.
The manner of proceeding un
der the Internal Revenue laws in
cases of seizure are expressly re
gulated by. those laws.
, Search warrants have long used
to obtain evidence of crime
against an individual in special
cases where a person conceals that
which is the subject of the crime
and the. public has- an interest in
it, or its destruction. These spe
cial cases are well understood and
defined in the law. .Thus search
warrants are usually allowedfo
search for stolen goods smuggled
goods, implements gaming and
counterfeiting, for prohibited
liquors kept for sale or use con
trary to law, for obscene books
or papers kept for sale or circula
tion, .and they are used in' other
cases of a similar character.
It is certainly safe and prudent
or legislators in passing laws up
on such subjects, and for judicial
officers in administrating such
laws, to regard all searches and
seizures as unreasonable within
the meaing of the constitution,
which have hitherto been un
known t o th e 1 aw. . ;
V These stringent rulesof the
common law, and the Constitu
tion of the United States, exten
ded especially to the dwelling
houes of the Citizen, a,nd are not
so rigidly observed in searching
premises not used as a dwelling
house. Congress' in the Internal
Revenue laws has not authorized
the officers of the Revenue to 'en
ter and search' dwelling houses for
excisable commodities by virtue
of their official character, but in
such cases thej must resort to the
remedy Of search Warrant issued
as required by law Such officers
are. however,exoressl v authorized
to enter in the day-time, without
any process, the places where such
commodities are manufrctured or
kept for sale. In the case of
spirituous liquors, they may en
ter bv day or night, and if admis
sion is refused, after they -have
made known their official char
acter and purpose, they ma' force
an entrance, and all persons who
refuse admission, or oppose such
entrance are guilty of a violation
of law, and may be' indicted and
punished.
This privilege of forcible, entry
and search is only allowed to
Revenue officers as to distilleries
and buildings and daces used
therewith, and any ibrcible j en
trance made as allowed by law, i3
justifiable even although a distil
ler is proceeding in his business
according to law. The officers
have an absolute right to demand
and make entry in such places,
which must not be withheld orde-
nied. . :
It a Revenue officer suspects
that spirituous liquors or Tobao
co are being removed in a wagon
or rai 1 road car, or oth er co n vey
ance, he must obtain a search
warrant to examine such convev-
and, and if he make search with
out sach process, arid does not
discover some violation of law, he
may be liable to indictment, and
civil action for doing so, in the
State Courts. If he discovers a
a violation of law, his condut is
justifiable, and he may seize the
wagon aud its contents, and also
the team used for drawing the
same.
Where a person is liable to pay
a tax or duty to the United States,
and make a return of the- same to
the Collector under the Internal
Revenue laws, he -may be sum
moned by the Collector to pro
duce his books and papers, and
he my be examined upon oath as
1 to his business connected with
such tax liability; and his books
and papers relating to such busi
ness, may also be. inspected by
the Collector. ;
, This is a civil proceeding, and
iiot a criminal prosecution, and
the person summoned must an
swer, even though the? testimony .
may tend to . criminate himself.
But the admission or disclosure
thus made cannot be used
against such party in criminal or ,
q nasi criminal prosecution.
If a person fail, oi refuse to
obey such summons, the power of
the Collector is exhausted, and he
must then apply to the Judge or
some IT. S. Commissioner, of the
district for process to compel such
appearance and makes answers
to the questions which may be
propounded.
I have been informed that some
difficulty has arisen in the district
from the action of Revenue offi
cers, claiming the right to ex
amine the private papers of indi
viduals ; and official papers de
posited in public officers.
Previous to the 1st day of Oc
tober, 1872j a number of paper
writings used iu the ordinary bu
siness transactions of the country
were subject to a specified stamp
duty, and if any person failed to
use the proper stamp on such pa
pers when executed, thej' became
subject to Ifines and penalties.
This law has been repealed, ex
cept as to stamps on bank checks,
drafts or orders, but it is express
ly declared by such repealing acts,
that all stamp duties,, fines and
penalties heretofore incurred, may
be collected and enforced.
I am informed "that fhe Collec
tors of Revenue are instructed by
the Commissioner of Internal
Revenue to proceed in all cases o
collect from delinquents all pro
per stamp duties.
In obtaining information on
such subjects, l am .inclined to ,
the opinion that he can only use,
such means as are furnished by ,
the common law, by summoning
witnesses to prove a crime. The
right to summon a person to pro
duce books and papers, only ap- ":
plies when such pers6n is engag-J
ed in such a trade or business as
is subject to taxes, and when it .
is the duty of such person to keep
books and to make sonic return ;
to the officers of the Rev.enue.
Congress may have, the right to
vest this extraordinary power in
the Revenue officers in the case of .
stamp duties on paper writings,
but it has not done bo. The
making, signing, and usinga pa
per writing without the proper
stamp and with fraudulent in'tentT
subjecting; the party to" a fine audi
penalty, and also the paper is de
clared void,- The issuing or using ,
the paper is essential to constitute
the oft'eiise and this fact may be
known and proved by witnesses,
The Act is penal and must be
strictly construed. If a person,
make, sign and issue such un
stamped paper a fraudulent intent
is presumed by law, and the per
son charged must prove the con
trary to the satisfaction of a jury.
Such is my opinion of the law
upon such subjects formed upon
general princpples,and upon a
careful examination of the statutei .
and adjudged eases w hich T could
find. If the District Attorney by
reasons and authorities y Inch ho
can produce, dan convince, me of
my error, I will cheerfully yield
my opinion and administer the
law as I may then understand' it.;
The Revenue officers certainly'
(Continued on Second Togc.)
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