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reflation was revoked, the War Depart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.
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