wider it mtny wers discharged, but the reflation was revoked, the War Depart ment becoming satisfied that the ast by it true construction did not pplj to men rk ere bound by the terms of enlistment t serve for the war; This is the same coasfcraetion given by me to the act. Under at, til volunteer and.suostitutes, wnrtner ver or tinder S5 or 45, aro to continue in service because they ar not embraced bjr the Conscription Acts'. I can see no rea cts trhy this construction should .not be fellWedto the' further consequence that as svfctitates are not embraced by, the Con-. Art, iru! ilfk not (wo me subject to military service as conscripts. The fact necessary to the application of the rrgula tion of the War Department does aot exist ; consequently the tiuestioi. that may grow out of that regula'tion is not presented. It is said the afrest of Maroney was or alered in disregard of .the decision in the matter of Irvin, because the Secretary nf War does sot tonsiuef the construction given to ihe Conscription Act of Septem ber "a sound exposition of the Act," the inquiry tiatural I r suggests itself, who made the Secretary pf War a Judge? lie is But made so by the' Constitution Congress bas no power to make hi ma Judge, and has by no act signified an intention to do so. It is true for the purpose otcartying acts of Congress into effect the Secretary of War, in the first place, puts a construction on them, but his conduction must be subject to the Judiciary, otherwise sur form of go vernment is subverted the Constitutional urotisioa by which the legislative, execu tive and judicial departments of the j,o- vernment are, separate ana uisuucu is vio lated, and there. is, no check or control over the executive...- .; ' , . ; ' According to the view taken by me it is if ot necessary, for the pcrpose of this case, to decide upon the legal effect of the" regu lations prescribed by the Secretary nf War in regard to receiving substitutes, bnt as those regulations are relied on asauthariz emption act which exempts all persons who shall be held unlit fur military rvke in the field under rules to be prescribed by the Secretary of ffar, where the power is con fined to making rules to ascertain whether the person is r is not fit for military ser vice in the field, and it is decided that the act does not confer power to prescribe a rule under which a citizen may be taken as a conscript, although held unfit for military service in the field, on the ground that he may answer same purpose in the hospitals, &c. These instances tend to show the wisdom of the Constitution in not confid ing legislative, judicial and executive pow ers to any. one department."" ' " ,'"""" I am of opinion, that the petitioner is en titled to exemption. ' . Therefore it is considered bv me, that P. P. Maroncy,, be, forthwith fisiharsed, with leave to'go . wherever he will. It is further considered, that the coi .f this proceeding allowed bylaw to lc taxed ly the Clerk of the Superior Curt of Rowan county, according to the act id the OenVral Assembly, be paid by Jesse McLean. . fhe. Clerk will file tho paper, ill this proceeding amorg the paper ia li s office and give copies. ' . It. M. PEARSON. C. J. S. C , At Richmond Hill, June 4th, IS-3. Ilillslwraugl Hftni'tifr. i rir)TU ij ij uu u ff i r i -- - . HILLSBOROUGH, X. C. . lTcducsday Jiiiic 10, I MM- Correction. Thd nctt eiu f tbv Hi!lio- roogh MiliUiy Academy will brgin on iii 11 day of July.. Our printer mistook tne mn.i m tiic ouuu aenpt and made U tb :?ih. The advertisement it now correct the wmu.'U cominauce oo tie Jirtt day of the month. An Fx Ira Kebslon. It will be 'n by the proclamation of lb Governor in lo-day'a p-H'r, lhal th Umeral .Wubiv td Ihw c-ute ia teaUiiao1 in the arrest ef the petitioner, it is proper ' mett in' extra vemwu ou.TuiJay iii day of tor me to saj mai many oute cuona euuucu ujo j.ccm wuw to consideration suty be urged to the pow r of the Secretary of War, to make the regulations in question A apirjteJ cavalry Wwk yUet ai IlranJy Su- The enactment ' tion, nar Cali per tfoort lla, on TwJaJ ol under which it is assumed that the power ut week. I bsn u'j fu the iu.uiuj,i.J to make a regulation that "m all cases con;inuJ until fio clock in the vmu:g. - amorg where a substitute becomes subject to mil- the ki;il i roeoiienevl the na:ae of f4. J..nwu itary service, the discharge of the princi wnliau of ihij?ute,lio La J ieo uiariirJbut pal shall expire," comes within the scope ,wa t-,rfe mttKtt ,j MnVrl!y aUke uw of the power confided by Congress, is the . of CtpC R()kiB j,, likt uUDge,, n v( uts 9th section of the Conscription Act of A-i Co, . Ci(wt;j,j j,, 0f ihu,.ici.ij. V pril. 1S62. ia these words: " Person not (Ui(wffMlKiciiaiunjpart,h.pariuuUr.ilth. tutes fr those who are under such ferula, a ' v t tons as may be prescribed by the Secretary . " . . !,..., u . . The "obvious construction of this section !hUcomm,,,3: seems to be-substitotesmaj be received KiiUsJ Coipoul H. J. Biaiork. on two conditions, one implied, to it: The J Vv .unJeU-eriei.t 8. J.Tiile.Iitly .i b.p; substitute must be an able bodied white i Privaw J. AIII, in seek; J. W. t::Jei. lretx roan, fit for military service in the field. anJ C. R. Viln, in Lot, tefrrety. ing, when the e nenir were repulsed at all points, and finally driven back across the Rappahantisck. ft ' , ! i The above is, in brief, an account of the battle which is believed to be correct. The enemv'scavalrjr werecommanded by Stone- man, and were the same who made the fa mous raid above Richmond, previous to the battles on the Rappahannock, The other expressed, to wit: The substi tute must.be a person nho is not liab e to All lha mera'wM of the oma.-jy bohe.f !!. We have reaon to Uinrvt lUat Ytv'-Si atiil milt tar v duty under the exitin law, the h!J oat, 'bat iL inkliTix- from tiir. . too ' meg?r W jodj' f ihe t!e i f ibing. I Tfco Democrat.c Mate J.meniiAH of b enanintoaly cuaicatc4 Va!!u!tghacnf.r G'or. time, place and manner of rectitti'i sub$ti tulcs, in which is included the mmleof de ciding whether he is an able Ijodied white man i.ot liable to duty ; Ut be regulated by ! rules prescribed by the Secretary of Wa-. THE CWALttV FXIir.VCl: BR.MjT If the regulation in question be couGn-1 , Sf ATIu.V. ed to cases where the substitute being un- The R.hmond .Vf.-j.'V fte that the der the age of 18, afterwards arrive! at lliat car .. SVe'ius.!jv evening breught don age ard'orromn liable to military dutr, it 352 j.r',.'ier ( war, cvalrmen anJ ar accord with, the provisions of the, act. :tillei 3iti, captured lv , Stuart's clr But if it be extended toasrs where ihe i i ft !it near "Brandy Stti.n oiTaes sbstitute is not at the date of the contract ibv. Twtle Y.f the nti-i.Lfr - cm- .f substitution liable toduty, but is after-' miiiiei offers inil j-'Im; u;.e t'oluoel, wsrds' tnoae liable bv a sobteqient act of ,n Mjj'jf, and anlr C )'( an l..ru. Congress, it departs from, and goes bejoiid tenant. Twenty prioser, ca;i rr,i itt he provision f the act by adding a third the Vatier, accump.timd trMe e oiu condition, and the power t dsMay ell ed. . be questioned ; epec'ul!y, where the reju-', I he KichnMnd if't( Friday has tc htion as well as the act of Corigre.-s whirti following 'particulars; is sopposed to give it application are both The rieud t-f Tuidaj's battle in'Cu!-' subsequent to the contract 'A 'Ubatitution,, peppr r county are ttll tnrare. It appear .and the discharge is absolute on it ucr. tu cave been flight up-n ti;i urmot J '.'in For illustration, suppose regu?ati;i t be prescribed that in all cases where the sub stitaie is killed or disabled, ut where he deserts, the discharge shall expire, which stand oo the same footing, with the regula tion that, the discharge shall expire jt the substitute it made liable to duty by a sub scqaent act of Congress, for all a third condition to the to impose''! by the act, and it may Le ur;eil ag sint them that the p'twer 'tj adl nihe? co'idittrs than those contained in the enactment is an act " l'ulutim w! kh Conjrcii has no fight to delegattr to a department of the Kxecu live, branch id i!Je Government, and of course an intention to do o, can only be inferred from pisin rtd direct wr.rds.'and the words in tin in.t.i-;? ire satisfied bjr thc'c-nsfitulion jatrJ al.ve. 'fie aimer qietioti of cor.lrnction is presented ia the matter of lluic, from Ca birr u county, under a clause in the ex 8. Barbour, Eq.fc near Hran ly btation. The r nutiv' Jrce, soniting f from fif teen t twenty iU ! nil inei,crord t'.,e river at an early hour i i the morning, g-.i in the rev of our pickets and captured them, and pressed rapidly on tourumj, which they su'priscd and threw intu nn confusion. Falling upon Gen. Jte' bri. ade, which they found in the act of form ing, lhey pierced ut4 broke our line, and forced ear men t fall buck. It is sr,vrd that they captured Gen.fctuart'a beadq iar. ten. near Brandy; also Brandy Sutmn, and, it is understood,, some stores t!re. Our men, recoveriog (roni their nurprne, now, came rpidly lornard, and 'threw themselves upn tiii? enemy, and a d--perate hand to luti I Cht, witli S4bie,ci. sued., Tlieenrity were driven to a jni'mt riearcrto the rer, wii! cons'derabte lo-s ia killes, wounded an-1 prisoner. Tie fight lasted until live w'c lock in the even. For the Hillborough P-ecordr. THC COMMP.JlCEMEST.AT CHAPEL HILL. When corn is twenty-five dollars a bar rel and stage-fare Is twenty-five cents a mile;, when there is, neither cfiVe nor whiskr in the land, when mulin are lad ed anil patent leathers have patent cracks in them, it was not to De expected that the usual, crowd -would be at Commencement. Nor was this expectation disappointed The array, of female and inlannletieauiy itt the College Chapel was Dopvtui lor the fu ture. The Fresh and Soph, too, showed that they hoped to be ready when the fu ture came. But when liubands and fa ther and brothers and lovers are away where danger is at hand, or where the bat- t e has "raged fiercely, tho.e susceptible of the deepest feelings cannot find the heart t' mingle in scenes' which contrast strong ly with the emotions of their own breast. Nevertheless there were at Chapel Hill several who have been often honored in hiU places of service by their countrymen, wii. e virtues adorn etcry relation of I fe, and whose examples are worthy of emu la tion by the.youth of urland. (in. Yam e ws there, aod ex.tJiHernortJiahaiii, Man ly, Morehead and Swain, Judge Manv unl Mr. t'a-nern, Jude B.inle and the lion. ? mm. a . m . at J B a S II. M. Uarrmger, Mr. iigginii tiaiiiAX, who hs seven sons in .the army, and Mr. K.P. Battle, who is to scatter tile coal and iron of Deep River over the hd ruuntry. Thee eleven Trustees have all been stu dents at Chaff I HiH, ti the most of them are the fathers of studtnts there. Oi the sixty-three Trutees of tl.o lrnieritv, forty-one have been students at the Uoi versitv, nd of the sixty-live Colonels of N. C. Trosps in the army, fenty hae bail their education there. 4n every depart ment of public service we hod the ns l the University nsn!aining a hili r'iarac tar fur proitv, activity and inte licence j and it i gratifying to see them taking care that their lima Muttr receive but little damage in the tunes that try men's nouls. The oration by the Seniors were lew but well reeeived. Mr. Argo, of Alabama, pke tfce Valedictory as the bet sclirlae in hi c!a. Mr. Quarle. of Lou.'ina, was the 'second bet, and delitered the L.tin Salutatory. Mr. Carroll spent only one year at the t'liiveraitylinl while there was accounted an excellent scholar, and his, essay n the " Element f Sncce." was marked by much mmI feelm and sound judjment well expressed and pr- i perly declaimed. No one of the eight graduates pasied through hi enure with; out an absence frn any College duty.; The troubles of the time eem t make alt duties nvre thanfrdinanly ditTicBH. Tim declamations bv the Freshman and S;.hn more were j an average reipert tility. Perhaps it is too soon for us to collect and have repeated the words tf enthuatn a"d patriotitin th.t our wrong. nr res-dtetion and our hope have called from the breat of thoe whoe place it is lo aroue the en ergies of their countrymen. Thespeeche declaimed were almot all of the olden time. In the Frehmn class Mr. Carr. of Chapel Ilill, was praueil becaute the dirti tellies nf ftia piece did not otrrwhelm km. Mr. Mickle, til Chapel IIHI, Mr. Mcltae, of Fatetieville, ami Mr. Steven- n, f Nebern, aho had their admirer. In the 'iphonioie ra Mr. 0!ifrne, ut UUtrln'At, eitiibitcd th? Int declamation the week, although Mr. Katik'n, f Wil minN'O.atid Mr. I.wifdon, of I'ttt.b'.rim'n, al did wll. - . . As to scholarship, Mr, J. C. (Mlmer, of Surry county, wa in'the first rank among the Juniors Mr. W. . nuthrie.of Chapel Hit!, was next to l.ifii. MWrs. Van Wyck and B Mj.rr, of South Carolina, were In'the third task. Sn far Mr. Boo.er lu been entirely punctual in attending his Collegi ate duties. In the Sophomere ctas Mr. I'. II. Adams of (2reensborougj, Stained the firt honor alone. The second distinc tion was awarded to Messrs. Ihrt0eld of Wake, London of J'lttsbomugh, front of WiBiatntborouh, nd Wilkin of Bruns wick counts, Va.; and tha-thtrd to .Meir. lUuxhton iif I'ittsbiirough, IluTof Brun wiiW county, Vs., and Roan of Yancey ill Mr. R. Hodge f Wake, 1 far. has nut niseJ attesdiftg any prayer, recila son were declared second best scholars- Morehuad, ,ot Greenborough,. shared 'rti third distinction . Mr. Fetter has been perfectly punctual during the whole year and Mr. F. T. WaUer, of Davidson coun ly, since he joined College in January last. Of the six students from Chapel Hill f0Ur were prominent at this commencement, and some.ol these in high place. K DrMcGuffev's e rinon before the Senior1 Clasi attracted the largest audienre llmt was collected in the Chapel of the.jniver,i. ty, anil it well deserved the compliment. IVrhaps no one in that audience lud evei he.rd the doctrine of Regeneration by th'e Holy Ghost explained so. clearly, ur ie. fended to thomughlv. . The object of ths gilted and learned Professor was to show that man ouht not to expect to be free from the law that regulates all the rest u creation; vi: That: development and im provemunt is not from the force of inherent powers alone, but from these set a work bv communivn with and the preparation nf ahigher intelligence. The text was, "Tlio preparation f the hert in man and the anwer of the tongue is from the Lord.' Thus iwas pyoved that it has ever been aud it ever mut be, that man will arrive at his best eta'e- only where liejias stu died the Revelation id (Jud aud experi enced His Regeneration." Gov. 'Swain's addres before the Societies," prepared at a very 1iort notice, was full of "idterestin; ami sufjteitive t.tteoienfs repectiii the GeorapHy and llitwry of North Carolina. .No man tan write or read History aright ifl.Mt beirs a gtl geographer, and a jnooI gforaphrr will always he interested i i readinsWuirr, The relative inHuence and impoitance if thee 4wo studies wj set furtii in n trikig manner by one wlnt knnw!he value of rath al.jne nd of bi'i together. - Col. Wheeler, lie his addrek 5f-for- the Itiotorical $iety, showed how ih kitjry of a country developed it fine art., and h.iw t!tee in their tiirn rntib!'d it hil"ry. Hiory is 11.1 Kuphy .teaching by etaiup'e. ami the fine aris teach Liswr v in fuetry, i'aintinjf nd Statues, and ... the worthy defda uf our ancestors are in spected. , . Itisia jn.d lhin to go to Commence nvnl at t.hapel Hill, fur one Is iilrly t ee, there tnaoy good people, to hear many wtd thirts. andtneat mny gMid dinner, (eperiallv ill erte lime.) A'd thi likelihood is reaiii4li!f. It i the m"i buaines of the plac? t educate heaii and heurt. and ! prepare living wur.U fr bain.ng thought. .n"l tte ladies take care 4t thMe wh-coiue lo ir.f.-cl the woikt'ial idnea il !in iliere; -!a!l .t lak M the wine lhat c!n'rr the lerl of m.in and 1'ie oij lhat in.tketli his fare t shine." . tious, r preaching, In the Freshman rla., Mr. J. C. Mirkls wa the only " Crt pjitemsn, although Adam, f l'etersbarg, Va., was nut so good a scholar iu the Mathetpa'ics. Mesiri. SloversnJ Steven i Obllunr). The imj'hy of u' entire rro ia':lf h beea Jfj.j Mie4'lurin Ihe wt bjr the ertiM the irnuira on St4y m "11111 j tS f f-WJ ar J ne ihbor l'lpi. HOUl V A I C. iOZ,M f. tb tuealry fiSl at DfanJjr !uu.n. tn-.r Cu! ffper luri II..UM in Vinnoa. All ila f'ne l!r.f ffienJ.hip aJ of aor,! life frlJ lht n ruurh l ed and eteewJ, itoe (iWti. 4'lant a MfM.er, ..j.tr!Mie mrtji in lU ru ( Vou hetn litwrly auJ ii.,Vpeiidi-nr, biU J"" iJh S' with a iio,'.a !m uii.tiuc.ish her JeatH. ti well b(aM him ,9 bm dJier aJ iartr in och a raow, aWenJrJ a ht i f rare. rf furi o wl kaawa in V" '' hvj ,NotU Cru!(n, wb in the w.r of llw "rla io. wet !( patritf front fruit 'pie. sn4 W l' ' S ghistUm il Hie soruirirS ihe kJer f tV ' fwji!e; iK-(-ffuI aud m Vpn-Unt plin.er f .onui.e. we'd and widely art n f.t U lht i h"" wl4 andiimlU in j ntlie aud in.e Ii'"'- Vr tain Jour w it great f.oJ fan ! tat anonea gen!!eiU4n, (fen. Afk-n Janea of IS-.tir. C I lh f.rth -o vt tlit lLe and Um'it'.-d CadwjitjJar lane, who, Unh on e an I !'' a an aCuer id ll.e nay and aierwa'Ja in Iff ' of lha UiiiieJMate, tal aeMeJ hi eounoy k"f lan'ly in lirn vt muck peril. eieci.il!y in Ihe wr . Hit, a.iJ whof.r mfa than Ihfny je.ra toads I leaidanca on lis We!ern bur iata of aur anr 'ol re," the mwJtl geuUerain aftbacld scbo-J. . Thiia JcxanJeJ, l'i .ubjetl ol itna akekl 'jm al Weal Hill on il,f !ft rfay of Jaoaafy.M-6- ! pM. hit aniit ymsh onder Uie eer rof of his parent, and n fepied f Cl'-'i ,l Ihe lliilttxiiaugh Aet'lrmy by tUat weil lnoa d Ur and inductor, William J. U".hi n. K'''tB lh Unitemir ai Chapel Kill, i,m w ,''.' an early a ia lh. ! of lit .. (. 1 h 4 friend sod cla mtle Ju ue Vr-vi tf w bm, and Cl. Thurnaa Ktifiii at l A.W yeai h yleMeJ hirtm-;: o 'hi .',."" harpy bo'n, let. asf quenllf b " ' ; I ": mlh MS Uaraht U 1 ; J. Py'k.ol Mltlty c ',,,' .'.'. trt i a. :i. if n I ... . I

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