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UNION, THE CONSTITUTION AND THE LA WS THE GUARDIANS OF OUR LIBERTY. Vol. XLII. HILLSBOROUGH, NC, JANUARY 22, 1862. No. 2127. THE HILLSBOROUGH RECORDER II tCBLllRIB WIIUT BY DENNIS IIEARTT. Tcrml. Two Dollar year, if paid in advances Two Dollars and FAy Centa, if not paid within thsee month! j or Three Dollar, if delayed until after the expiration of the year. ' No paper will be discontinued nntil all arearagea are paid, anleea at the option of the publisher. No paper will be eent to new subscriber out of the 8iate unlese payment i made in advance, or some per son in the State shall become responsible. AdTertisiof Bates for the Recorder. Advertisements not exceeding fourteen linee, one dollar for the first, and twnty6-e centa for each sub. aequent insertion ; longer one ia proportion. Court ad-Mtieeaents twenty-five per cent, higher. A deduc tion of one-third will be made to advertisers by the year. .;' ' Select Boarding and Day School, HILLSBOROUGH. N. C TUB Misses NA6Hand Miee KOLLOCK will re open their School on the I7lb of January. IS' deduction made for leva than five weeks at the coai nencemert of the Seaeion. December 17. 85 4w ' JOHN W. GRAHAM, Attorney and Counsellor at Law, Office on door north of Mr. Lynch' Jewelry gtoie HILLSBOROUGH, N.C. June 57. 48-ly Attorney ami Vommlov at Jmr, Will practice in Orange and the adjoining Counties. t7 Particular attention paid to the col lection of claim. Matche.lSCO- 33 ltm March tt. 47- To the Ladies of Orange County. YAM requested by th Governor of your Stair, to cat upon you to furnish for the eoldiere in the srmy woolen socka nd blankets for their comfort eni prolec tioo daring th approaching winter. Each dooor will please accompany her gift by ber name. Hull Ihis call upon your patriotism be made without a projier re sponse on your part! J cannot believe that it will; I therefor call upon you to come forward with your gift, and Ity them bountifully upon the altar of your coun try, imitate the eiample of your mothers of the revo lution, and allow not the soldiers who have taken up arm in did nee of your liberties, your live, and what ia alio dearer, your bonot, to go unprovided for; suffer not your defenders to be eipoeed unprotected to the winter' chilling blast. Come, then, to their rehrf; furnish them with tLoe necessary article to relieve suffering humanity, and thereby merit the laudita not only of the present, but of future generation. I am your humble servant. It. M. JONES, Sheriff. I IT The following gentlemen will pleas receive and forward to me article for the sold iris i W. W. AIIlod. N. 1'. Hall, Adim Msncum, M. A. Angier. John W. Crr, and Alis Durham. August SO. OC - SEQUESTRATION NOTICE. ftiIE undersigned, appointed Receiver under th - Heqoeetration Act, for the counties of Orange, Wake, Cumberland and Harnett, hereby give notice to til person having any lands, tenements or heredita ments, good or chattel, right or credit, or any inter t therein, of or for any a Inn enemy of the ConfrJe et State of America, apeedily to inform me of th roe, and to render an account thereof, anlso far aa practicable, to put th same in my possession, under th penalty of th law for ticm-complianee. I also notify sch and every eitiacn of lb Conle.1. i rat Bute speedily to giv inlormstion to me of any ana en lands, tenements and hereditaments, gois and chattels, right and credit wit Kin the said counties. I will attend th different counties in a few days for b parpoe o( receiving, of which lira due notice will lo given. . 0. II. WILDER, Receiver. October 15. 16-(iw Patent Window Blinds. A Critt Improvement Superior to Anythn ia li e. fPlfl!) BLIND when closed shuts perfectly light, and kMpsoat all wet, duet.lneecte, Ac, and entirely ei dud th light, and make a beautiful appearance on th oaUIJe. h has vry advantage over th other kind and cost but trill more. This Blind will recommend itself. Any one can judge f ita superiority ovr th old style at first sight. No person that ha seen this Blind will ever order any other kind. Th uhcrilir will b hsppv to show a model to'env parson wishing to obtain Blinds, and receive their or der( which will b promptly Clled. J. U. BUUDICK, Kiiieton.N.C, May t. , 4U STATE ARMS. A LL nernon In Oranee enunte who haa In iti.lr poseiinn Arm belonging to theifUle, are re 3umw i uenver itiem to me at ibis place, without slay. By order of the Adjutant General. , tt. M. JONES. Sheriff. Jan II. o(5 i BLAKS for Sale at this Office. " "May your ricbsoil, Exuberant, nature' better bleating poor O'er evry land." FIXED FACTS IN AGRICULTURE. 1. All lands on - which clover, or th. grasses are grown, must either have lime in the to natural Ij, or that mineral must be ar tificial! t supplied. It matters but little whether it be supplied in the form ot stone lime, oyster lime, or marl. 2. All permanent use of lands must look to lime as the basis. S. Lands which have been long in culture will be benefitted by applications of phos phate of lime, and it is unimportant whether the deficiency be supplied in the form ot bone dust, guano, native phosphate of lime, compost ot fish, ashes, or in that of oyster shell, lime or marl. 4. No lands can be preserved in a high state of fertility, unless clover and the grass es are cultivated in the course of rotation. 5. Mould is indispensable in ever soil and a healthy supply can alone be preserved through the cultivation of clover, and the grass, the turning in the green crops, or by the application of composts rich in the ele ments of mould. 6. All highly concentrated animal ma nures are increased in value, and so 'their benefits prolonged, by admixture with plat ter, salt, or pulverized charcoal. 7. Deep plowing greatly improves the productive powers of every variety of soil that is not wet. 8. Sub-soiling sound land, that is, laoJ that is not wet, is eminently conducive to increased production. 9. All wet lands should be drained. 10. All grain crops should be harvested before the grain is thoroughly ripe. 11. Clover, at well as the grasses, intend ed for hay, should be mowed when in bloom. 12. Sandy lands can be most effectually improved by clay. When such lands re quire liming, or marling, the lime or mart is roost beneficially applied when made into compost with clay. In elating lime, salt brine is better than water. 13. The dropping, or grinding of grain, to be fed to stock, operates as a saving of at least twenty-five per cent. 14. Draining of wet lands and marshes adds to their value, by making them produce more, and better crop -by producing them earlierand improving the health of neigh borhoods. 15. To manure or lime wet lands, i to throw manure, lime and labor away. 1G. Shallow plowing operates to impov erish the suil, while it decreases production. IT. By stabling and shedding stock through the winter, a saving of one-fourth of the food may be effected that is, one-fourth lets food will answer, than when such stork may be exposed to the incteminciesof the weather. 18. A bushel of plaster, per acre, sown broad cast over, will add one hundred per cent, to its produce. 19. Periodical applications of ashes tend to keep up the integrity of soils, by supply ing roost, if not all of the organic substance. 20. Thorough preparation of land is abso lutely rrecessary to the successful and luxu- rioua growth of crops. 21. Abundant crops cannot be grown for a succession of years, unless care be taken to provide and apply, an equivalent for the substance carried off the land in the produce grown thereon. 21 To preserve meadows in their pro ductivenets, it is necessary to harrow them every second autumn, apply top-dressing and roll them up. 23. Alt stiff clays are benefitted by fall and winter plowing; but should never be plowed while they are wet. If at such f (lowing the furrow be materially deepened, ime, marl or ashes, should be applied. 24. Young stock should be moderately fed with grain in winter, and receive gener ous supplies of long provender, it being es scntial to keep them in fair condition, in or dcr that the formation of muscle, bones, may be encouraged and continuously carried on. 25. Milch cows yi winter should be kept in dry, moderately warm, but well ventilat ed quarters, regularly fed and watered three times a day, twice or thrice a week have clean beds, be curried daily, and in addition to their long provender should receive sue eulent food, morning and evening. 20. Full complements of tools and imple ments of husbandry, are intimately connect d with the success of the husbandman. 27. Capital is not only necessary to agri cultural success, but can be as profitably used in farming as in any other occupation. Weeviis. Branches of common Elder, and also of the China tree, plentifully mixed in the crib with the Cora, will, it is said, prevent or destroy weevils. 8PEECH OF THE HON. "WILLIAM A. GRAHAM, OF 0RAN62, In the Convention of North Carolina, Dec. 7th, 18G1, on me ordinance concerns; the Test Oath and Sedition. ; Concluded. Mr. President, to say tf this measure that it is absurd and calculated to bring ridicule on our legislation, and that it is unnecessary, and will be wholly ineffectual, if necessary, inasmuch as a forced oath is well understood to be no oath in the sight of man or his Ma ker, is but to characterize its more obvious features. I am fully persuaded that abroad, if not at home, it will be regarded as the off spring of fear. It will be argued, and the hypothesis cannot be resisted, that a proceed ing so universal, so unusual, so searching, so destructive of personal freedom and danger ous to public liberty, would not be resorted lo except in a State where public sentiment was suppressed by the high hand of force, and a sense of danger had driven the gov ernment to despotism. In that aspect no measure could give greater encouragement to the enemy, and no libel could more deep ly wound the sensibilities ot the people of the State, or do them more gross injustice. They have looked upon the pending contest as a foreign war, uf nation against nation, waged upon the frontiers by national armies. But you propose by this ordinance, to de clare" it a civil and social war, in which no mac is to be trusted, in which the secrets of the right hand mar be concealed from the left, until you have cleared out the con science and made assurance doubly sure by fm-rit mtH It ic lint nnnirli thst 53 DOrt men. portions of them from every county in the State, are in th. field, exposing their lives to the arms of the enemv. and to the pesti - lencc of camp and garrison, and that almost every family has its representative there; that they have submitted cheerfully to the burdens of taxation, and the privations inci - dent to a destruction of commerce, and have over and above this voluntarily and cheer- lullr contributed of their labor, their sub- r,nr .n.l the eerv enmfort. f their hnmpe. to give aid to vour soldiers and vigor to their i 0,,,J ,n th P"ts already specified, but in efforts; that there is not a cloud !!f di.loyal; assunS t take away the right of suffrage ty to be seen in all the horizon as big as a ! ,n ,he, fa .of th provision ot the Unstitu man's hand; but (hat the whole people, itj tion declaring that all freemen 21 years of . K-:ti. --rnt;na n.;nl.!Ww-ho have been inhabitants a certain forward with a nobis unammitv'to the estab-; lishmentof our national independence. All this will not suffice. Every man must be purged as by fire. And all for what? The report of the committee inlorms us. It is . . the searchers of hearu? What government! ever undertook to deal with any crimes, except the overt sets of its people, but the most unmitigated tyrannies? There are doubtless republicans in principle resid ing under every monarchy in Europe, and there may oe monarchists in me states oi America, but so long as they demean them selves as peaceable citizens, do not levy war .ul b i , . ' f..,i cT.,.4 lll.l inc omic i mc uuniiuvi.ic ut, be dealt with according to law. And it is quite remarkable, that while the committee inveigh with vehemence again! the despo tism now practiced by the "Lincoln govern ment in Maryland, they should bring tor ward a measure equally abhorrent to freedom in North Carolina. Sir, if such a measure prevails and if acquiesced in, it is of little moment what msy be the issue of the present great conflict in the battle-field. We Mull in the end be in any event slaves, and pre sent the sad spectacle of a State throwing a way its liberties in a struggle to preserve them, in angry imitation of the contagious example of an enemy who threw away theirs, to give vigor to their efforts for our subju gation. 1 protest against it, as' a gross a- buse, amounting in effect to a usurpation of !iower as a dangerous device by which a action may at any time pervert the govern ment and transmute it into an oligarchy. , I protest against it in tho name ef religious freedom and domestic quiet in the ium of that civil liberty which is our birthright, ail "to rid the country ol traitors at uerw t e l V , , wh.,are supposed To be few in number, and 1 of their experiment, it should not surprise will be discove'red when tested bv this oath.! us that they laid hold of a test oath as a wea Such doctrine, Mr. President. U the verrip'" with which bigotry and arbitrary power i.:- f J...muffl vk An.t'.t..t..i ..'.ihad sought to f .rtily themselves tn hurope, f I ZUtl VI UVP rviiniui te-w nts s nastAftftiawal reiat mm fftid m i l test. and comfort, they pm without -'molestation.! na,,ne ,f v.er Pe"0B Txn? 11 f T , and arc under the protection of the Conti.!s"bcr,t?d ' boVk- "tt b,e dTs! c ' (n trf tutionand thelaws! If there be. as the com- f he Clerk of the Cotintv ; Court, m.ttee presumes traitors among us, thev are w has ever seen such book? 1 he hon notofmy acquaintance, nor, so far as I am gtlenart from Mecklenburg Mr. aware, of mt section. But .herever they fh hK3 Jusl tik. h: " ,!? ' .h,?' are. treason is an offense well known to. and md considerable RMitcbei the pub l c defined br law, and like other crimes, is to PaPerf h.s county, whtcn is one of hi tort lift siumci c t vr vui tin iiitci liiiii. i'ivhi t has been the inheritance of our ancestors for eight hundred years. I protest sgainst it as a weak and tuttle weapon of defence, cal culated only to encourage the enemy, weak en ourselves, and to bring our legislation in to ridicule and disrespect at home and abroad, and degrade our citizens in their own es teemas an officious intermeddling with the province of the Congress of the Confederate States as a libel upon the people we repre sent, whose noble alacrity, patience, perse verence, self-denial and bravery in this con test deserve all praise. Whereas, the pass age of such a measure and its appearance on the statute book, in the present times, and much more in the future, in all historical in terpretation must be construed to imply an imputation of widespread disaffection. I pro test against it, finally, as an imitation of JNorthern despotism, outstripping its model no other State of the South having con ceived such an idea, though in several of them disaffection not only is rife, but treason stalks abroad in arms. But the committee plants itself on a pre cedent in an act of the General Assembly of 1177, and says all the material parts ot this ordinance are copied from that act. Prece dents in the pleadings of the law are said to be dangerous things, if one does not know how to fill up the blanks; and statutory pre cedents are equally fallible and deceptive as miiiloe tn nri1Wir.il flrtinn if ivi cKnt imp .ir.ft I""1-' . vjv. to the circumstances and surroundings of historical facts which distinguish former times from our own. Let me inquire of the committee, whose chairman holds a high ju dicial station, whether this ordinance does not contravene the Bill of Rights and Con stitution in the particulars I have enumerat ed, and if it does, whether a similar act pass ed in 177, by the General Assembly, did not equally contravene it and when an act of the General Assembly does come in con flict with the Constitution, which, is to give way? lie is obliged to answer, the act of Assembly, of course. But it was not so un derstood in irrr. The opinion seems to have prevailed then, and for years afterwards, ! that the General Assembly was as omnipotent ; a,s t!,e British Parliament, and when, in 1786, i i',e rurt8 of J"st,ce dec,ded n ct. of Uie I S'ture to be unconstitutional, , pro- dud. a Sreat shi, ?n thf meintti f1"? ; intelligent men. This act of I., 7, which ! ndertwok rtouba?,sh ,rmen ?M0 we" l,n' i habitant, of the fe.ate at the adoption of the i Institution, or to deprive them of the right ! of suffrage if ther refused to take an oath of allegiance, was cieany unconstitutional, uui -II l I I A. time wd paid public taxes, shall exercise it But, waiving the Constitutional question, the situation of our ancestors in 1776-7, differ ed essentially from ours at this time, in ma ny particulars to their disadvantage; and in nP5 ia render ;u useiui in me tie- a .... That ntAVawrttf itt ft. a if fASitiirroa fttlrl rmtt'npfil nth any thill" tjl,tnce 01 irceuom nere. iney may pusaiuij have thought that as allegiance under mon archy is considered due to the person of the sovereign, it might still linger in the breasts of some, and that this violent remedy should be resorted to for its expulsion. But before we are called on to follow this as a prece dent, it should be shown from subsequent lustorv that it was of some avail in the con i .1 . L. .l it was proviuea in mc ti mai ic Have you, Sir, or any other gentleman here? Due of two conclusions is certain. Either that there was no general attempt to exact such an oath, which is the more probable or, that if exacted, it had not the least effect. For when the British invaded the State in 17d0-'81, the Tories rose in those tec tions where they were known to be in the outset of the war, and in no other. The act was, therefore, as characterized by the gen tleman from Richmond, Mr. Leake, brulum fidmen, producing no efficacious result. Oit tonkin into 4th Blackvtone'a Com. p. 121. it will he eeen that the whole of thie atatute of 1777, ia fr!,ti,n Li tiftt oath, and nuiiiiliment oi dUfranchwe ment e ciliten, ia literally copied from the ftatute of George It agairut ivpi.h rccueanta. bo mat the ordi nance of the committee ie but a copy of an act of t?15, applying rcligiou tent lo Papiate except that in the former cane Iwe Juttieee of ihe Peace were invteted with power rtto tender tho eith to any rreon whom they ahall auvpert to be dmaUMted," ami in our cae every pcren ie treated aa If eupt'Cted, and tendered the oath according. BUck-tone u; the penalties are nothing i cat renuwii, nas nc ctci iuumu uvu uw. ahoit of a prtmunirt. I With the men of 1776-7, there was a to tal change of government, and of the admin istration of government. With them "old things had passed away, and all things had become new." There was no general gov ernment on which to rely for general defence and welfare. The States were united only by certain articles of association. And in North Carolina a' State government just . formed, with no laws or officers to adminis- " ter them, except what they enacted and ap pointed in the pressure of the emergency, was their sole reliance in general and do-' mestic concerns. They had to provide for ' treason, sedition, and every crime in the cal endar, and it is in a statute concerning trea- M son that the committee has found the model -j of this ordinance. Now, Sir, if so much ' weight is due to a precedent, why not re-en- i act the whole statute, that part which relates to treason as well as misprision of treason and test oaths? That is the only part of the statute that we have heard of being put into execution. The Tory Colonel, Bryan, was tried for treason, and convicted, I presume, under this statute. But he had a trial by due course of law. He was not called on to furnish evidence against himself by a test oath, and he was defended by Davie, who had slaughtered a large part of his regiment in. battle, but who, after the example of John Adams, in defending the British soldiers who fired on the multitude in the sfrests of Boston, was equally firm in asserting all his rights of defence, "as a criminal. But who ever heard of a trial for misprision of treason or sedition, or the general enforcement of a -testoath upon any but suspected persons? lhe Hevolution ot the 20th of May last, was under wholly different circumstances. What our fathers did in weakness we have done in strength. In the State government, with the same Constitution, the same laws, the same ofHcers in all its departments and ram ifications, there has been no change that would cause a ripple on the surface of the waters. The ship of State has sailed on in her great career of justice, without reefing a sail or changing a spar. In our national affairs the difference is still more remarkable. Instead of no general government, and a independ ence on the discordant legislation of thirteen States, we find a Constitution of national government copied almost literally from the Constitution of the United States, in full and vigorous operation, with a President, Con gress and Judiciary, defending our cause with an army, in effectiveness, if not in num bers, such as the populous North never pour ed pn the Rhine or the Danube, or the sunny plains of Italy with treason defined in the Constitution for the security of the citizen as well as safety to the government with the possible power to pass sedition and test laws for its defence, like as the State gov ernments, but like those governments ab staining from the use of them, as the cast-off paraphernalia of despotism. To think of bringing a State test oath into play as a means of defence in such a posture of our affairs. upon a precedent ot an unconstitutional act of Assembly in 1777, is, to my mind, is if one should propose, in the midst of rifled cannon and all the advancements and im provement in modern warfare, to return to the bow and poisoned arrow of the savage, because the Abortgenes had used them in the earliest wars of this continent. Let them both be consigned where they belong, to the curious investigations of the antiquarian; but let us have no more of them in the enlight ened legislation of a free people. Mr. President, there is one diversity in the two revolutions, which, when brought to notice, must convince all that there i- the least analogy imaginable in the two cases; and that is in the persons called to fill office . upon the change of government. Our snces-; tors would as soon have thought uf electing Lord North to the office ot Governor a of recalling Governor Martin or Governor Try- on, and of bringing over Lord Mansfield with his high tory principles to their chief jus ticeship, as to have re-appointed pne of the late King's Judges. Whereas our State offi cers, as we have seen, have been unchanged in a single particular; and in appointments to offices under the Confederacy, tt has been no objection that the appointee held a simi lar appointment with a regular commission and oath of office, snd received its emolu ments from the Federal Treasury t the last pay day, before the Proclamation of the 18th of' April. No. sir in -v,utni of 1776, this would not have been permitted. The first persons on whom tho act of 1777, to which the committee refers in terms of such hi -h approbation, laid its hands and re quired to be sworn, were all the late oftcen of the Kin offirtat Ilritain. , They were put ? before the ''traders who had been making vovages to England within ten vears then la"t past." There arc many copies of Ire .irll'e Re vital, stowed away in tbe houses of - the peoplo of the country; and when they are informed that the precedent for this or?1.: X nance is to be found there, the will . ( Tn, T if -1 " ' X
The Durham Recorder (Durham, N.C.)
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Jan. 22, 1862, edition 1
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