- J . J A fa Mr "A III III II ill -: - ; TB C 0 H S TH U T 1 0 M : A S D 'pi E . 1 A ff,Til E GUARD rANS;Of;;bCR LIBERTY . . : ,ajr.'-a.-- '. :.TTTT.rrTr T.1:1 !'v 1 f"'" " ' " "' ; ' '" ":" --- 1 ; " T " 1 rr- ' .Jl, . . i TTTT T rT"T"TT.1 TT T . r T 1 t - " ' " i , Vol.'AL.V, - r j:j j i xnuijpivuuuuja,?r(. J., JAflUAttX 24, IS60. No. 2321. I II ri 1 " I i I 111 - 111 131 4 I 1 17 I 111 , J . ; .,.'. . DEATH -OF r RESIDENTS.. ;.:! -.4: George Washington died it Mount Ver oon ou the 44th of December, 1791), in the 08th year of hi age. Death came sudden ly to him so suddenly lUt the tidings of his sickness and his decease simultaneous )y reached the Halls of Congress. : John Adam came to ''the end of all lir u '" at his residence inQuincy, Mass., on the 4th ot Julr, 1 826, realizing what day it was, and rejoicing m it. lie gradual) and quietly expired at the patriarchal ago i.f fotetcure r and ten.?, ;i i i u; TUtoas Jeflfcrkou, by. aa-extraordinary co-incidtuce, breathed hi last at Monti cllo, n tUe same dy that hin venerable compatriot, Adami, uied the jubilee of Amertcm Independence, lir had reached the advanced age of eih tj three. . .; Jamei Madion,the nun of the Qoatti tution," and ne of the wisest statesmen ar country er pruduced, peacefully cloed his ear tiWj career at Montpelicr, V.,on the 28th of June, 1836, in his eih-jv-sinh ver. 'James 'Monroe died in the city of New York, nn the 4th day ef July, 1831, in his eightieth year. He was a pure patriot, and the Ut of the i'reideots who served tu the eventful days ol the Keolutia hung breo a Cotwoel'ia the Contmeo ul ar.njr. lie particularly enjured the ro ifidence of iashintuo, and the period ul his wue ami peacelal adtuiiiutraliou was cluractenied as M the era of gd feel- jwhn Quincy Adams expired in the capi tol at Wahiugton,on the 23d of February, 184 i literally dying in his country ser vice, at the age t eighty -one. To the last he wa one the clasf life's buy lueQi ,nd idenulird as he had been from boy IioukI with the public serr ice, it was o Jemoly sinking and appropriate that the lull wf the nattvnil council shuuld hear hidjing words. He was struck by para 1 vi wink in his seal in the House of Ke t etcntatitrs. Andrew Jackson died at the Hermitage, near Nathvide, n the 8Ui of Jane, lbl3, in his entjr-nhtU fear. He inut have bvew a great nun, indeed, who could clu ii the aecti'n ol a wiiole people around him as this dolinguUhed soldier aud pain t did. Hi popularity had no parallel but that 4 Wahmgton. Martitt Van lluren died at hi birth lcc, Ktndeihouk, Columbia couny, N. ., on the Uh ul July, ISU2, in his eigh tieth year, Ilis adtiiiuitratiui, from 183? tu 1841, was a period marked by great fi i.anciil dutreis throughout the country, which was charged by his political oppon cuts upon the policy he purued in nuiug in; tite public tiuancet tlimojh the agency ol the independent treasury. He failed of i cnominativn the second term, however, on ccount of his opposition to the annexation ol Texas. William Henry Harrison died on the 4th of April, 1841, exactly one month alter his inauguration, aged sixtyeigut. He was the tirst President who died in office, and at the Executive .Mansion. He had gain rd a deep hold upon the people's heart, and if une living at that time can ever forget the profound and universal exprestion of sympathy anu sorrow which his death oc casiuned. John Tyler, elected Vice President, and who succeede.j Ueneral IbrrUm lor the lemaindcr of his term, renounced (us alle giance to the United states in 1861. and died the following) ear in Kichmoud, Va., in tu eenty-ecind year bein in the I'tHift'deiate Congre, then in scsiiou at tlirhuiond. James Knox Polk died at his home in Tennessee, on ihe 15th of June, 1849, only three months after the expiration of hi term of oCice, and in hi fifty-fourth year. He was a inun of unquestionable abilitv and talent, and achieved the highest houor tus country could bestow at a much earlier a its than any ol his tindcccssors. Zackiry Taylor's death, on the 9th day f f July, 1 850, when he lad been but sixteen Months In office, called forth the deepest expressions of a nation's grief; and every where the full heart of the people wis touched beyond what adequate words could alter. Mle died at the Presidential Man sion, in hit sixty-sixth year. " rt ? The circumstances attending the death of Abraham Lincoln, are too fresh in the minds of the public te need repetition. I he present Chief Maztstratr of the United States is the seventeenth in succes sion. Of the sixteen former ' ones, bit three now turvive Millard Fillmore, Franklin Pierce and James Buchanan. . THE LAW Of PARD0N7 J The National Intelligencer informs us that a strong effort is being made in Con gress to assault that portion of the Presi dent's message claiming the power of res toration on the ground ot the aw ot par don. Hie radical clique is disposed to deny to the President the kingly preroga tive ol pardon under the common law., In article 2d, section 2d. the constitution of the United States says: " The Presi- dent shall ixe power to grant reprieves and pardons tor oltenaes against the Unit ed States, except in cases f impeach ment." The curious in sch matters are funtaer referred to Chief Justice Manhall, in United States vs. WjUan, 7 Peters ICO ; 10 Coud. 438; also, the opifiion of Mr. Justice Wells, 18 Howard, 310, 311. That the word " pardon" has the same signification as in the English law, parties are directed tu the ruling of the Supreme Court in Cathcart va. K-oiiison, 5 Peters, CGI, SU, and in Flavell's case, 8 atts & Sargent, 197, (attorney general's brief.) Coke s inierpretatioiia o pardon is thus set forth : A pardon is a writ of mer cy, whereby tiie king, either before attain der, sentence, or conviction, or after, for givcth any crime, offense or punishment, execution, right, title, debt, or duty, tem poral r "ecclesiastical." To clinch the matter, we have only to cite a po-itive provision ol Congress itself. In the conutcation act ot July 17, 1862, the President is directed "by proclama tion, to extend to person who may have particated in the existing rebellion, in any state or port thereof, pardon and amnesty, with sued exceptions, and at such time and on sucti conditions as he may deem expe dient lor tne puhlic welfare. nut we hope and believe rresident John son wilt remain steadfast in spite of all the demons l taction. He has purposed from the first to take no step which rould be in terpreted as in any light sanction ng rebel lion or justify ins secestion. Hut while this is true, he has been wise and just e nough tu decide that, it the preservation of the Union was the leading object ot the late war, it would best give real eflVct to the principle to create as tew new reasons as possible for future alienation between lie people ol north, south, east and west. He is right. An application lor pardon carries with it, if not confession of offence and political repentance, at least acquies cence in that hackneyed thing, " the logic of events." No benign government could venture to establish a code which would preclude an exercise of the pardoning power. To attempt te take the life of the nation is justly regarded as a monstrous action, but the danger is past there ap pears to be in the south thorough acquies cence in the decision of the mariisl combat and the police of the President -and we would be gl.uf if the voice ol contention, strife, sectional aniinoMty and petty bick erings should never more be heard in this country. It cannot, will not be ihe case, hoee r, so Ion; as pop;nnjavs and mou ters are retained iti or lelected for respon libit public position. We require our best minds and hearts in the nans oi national legislation, instead of political gamblers snd hypocrites, and the sooner the ex change be made, the better will it prove for the peace, prosperity, glory, renown ami narmony ot our reunitcuami n u-so luble country. ;: , Memphis is spreading her winss im mensely. The Anneal states that upwatds ei nine nundrcd nouses arc in process oi erection in that rtty. y. MESSAGE OP GOVERNOR WORTH. ' Tu the UnnnrabU tie Geueral JbsenMg " i " " 0 North Curolintt: Gextlemest. Beinsc notified by a dis patch from the President of the United States, of the discontinuance of the Provi sional Government, Gov. Holden turned over t me on the 28th December las:, the Great Seal of the State and other State ef feci in the Capitol, and I entered open the discharge ot my duties as Civil Gov ernor," a- -t , t :.; I entertained the opinion, ia which I was sostaiucd by legal gentlemen whom ! con sulted, that under a proper construction of the 6th Section of the Ordinance of the Convention ratified on the 18th day of Oc tober last, that the powers ol Justices o( the Peace and of all other officers appoint ed by the Provisionsl Governor, were de termined by the discontinuance of the Pro visional Government. This section of the ordinance is in the following words: All the acts and deeds of the Provis ional Governor of the State appointed by ihe President ol the United States, and likewise all the acts of any officer or agent by him appointed or under his authority, done, or which may be done in pursuance of the authority conferred on such officer or azent, are hereby ratified and declared to be valid to all intents and purposes: Provided nevertheless, that so far as it may be competent for this Convention to declare the same, all appointments made, and all office and places created by or under the authority ot the Provisional CJavernor shall 1 ceae at the close of the first session of the next General Assembly, nr at such other time as that Assembly shall direct succes sors in such appointments nr offices to be chosen or to be qualified; subject, howev er, to the provisions ef the Revised Code, chapter seventy-seven, section three: Pro vided, however, that in all cae ot appoint ments made bv him of directors io any cor poration they shall continue until the reg ular election ot its officers." j Relieving it absolutely necessary, that the General Assembly should be convened at an earlier dav than that to which it had adjourned, 1 summoned the Executive ; Council to meet here on the third day of this month, when a quorum attended, and with their advice, I issued inv proclama tion in conformity wif!t which you are now assembled. It may be that a proper construction of the ordinance referred to, continued in of fice the sheriff and clerks of the courts until the qualification ef their succeMors; but it is clear that the power of the Pro visional Justices of the Peace, and of the municipal officers of corporate towns ceas ed with the Provisional government. JUSTICES OF THE PEACE. 1 hear that in some counties there are justices of the peace who were commission ed and qaalibed before the 20th .May isui, who have not resigned, or taken the oath to support the Constitution of the Confed erate States; and I presume it will be held that the offices of such justices were not vacated by the ordinance ratified VJih Uc- tober last, entitled M An ordinance declar inz vacant all the otHces of the State in existence on ihe 2Cth day of April, ISG5." l ne appointment ol justices ol the peace demands your earliest attention. It is a very important office, and great care should be taken tht it be conferred only on intel ligent and virtuous men. Our Constitu tion has entrusted this duty to the General Assembly, under the idea that the merits of the appointee would he duly weighed. A practice, however, lias long prevailed, by which the sclectioa of the justices of each county is in effect made by the rep resentatives of such county. The nomina tiscs made by them, are usually confirmed without inquiry as to the fitness of the ap pointees, or the number neeJed in such county. Hence, nun have been appoint ed to effect local or partr object, whereby many ignorant and bad men have been made justices of the peace, and the trnnr of the ufiice being; during rood behaviour, the mischief cf a bad appointmsat is nit easiljr remedied. In most of the counties there were greatly too many of them. Fre-in these causes, the office has lost much oftfie dignity which ought to belong to it. Ail opportunity is new offered to profit by the errors of (he past. . , ; The evil, both as t the number and qual-4 jty of these officers, is so universally felt J that the Convention hag onder considera-' lien and , will probably adopt, at its next session, an amendment limiting the num bers to be appointed in each county; pos sibly altering the mode of appointment. I therefore respectful!? recommend thatm. ly a very small aumber be appointed at the present session. Tiese should be pro- periyiisirioutea over the county, tf it be deemed doubtful whether th'ft provisional Sheriffs and Clerks of the Courts retain tneir authority until the qualifica tion ol their successors, I recommend that they be continued in office by an act to be passed by you, to enable them to qualify the justices of the peace to be appointed by you, as well as all other duties pertain ing to their offices. , '"'.; In some of the counties it will be neces- sary, that special terms of the County Court be held, to aualifv the newlv eUrt Clerks and Sheriffs, to provide jurors for i . 4 . a me next courts, anu to transact any other County business which thev mav thint re quires immediate action. I lurther recommend, that so soon as ynu shall have appointed Justices of the Par and passed such acts as you may deem ne- tcisaij tu icHicujr uic irregularities to which I have referred, that the Governor be forthwith required to issue commissions to the Justices appointed, and an order tr the sheriffs of each county, commanding mm iv uomj cam ui saiu justices Ol DIS appointment, and reauestin? them to it. semble at their respective Court Houses at a .a . an eany uay to oe designated by ths Sher iff, in order to be qualified; on which day, they may, if they choose, hold the special term of the Count v ( ourt. A cony of u rk act or acts, as you may designate, should be printed and sent to each of said Justices by the Sheriff at the time of notifying them of their appointment, and the Governor should be empowered to employ such agen cy for the expeditious transmission of said commissions and order to the sheriffs, and copies ol said acts as he may deem best, witn power to draw on the Public Treas urer to pay the expenses. CHARTER ELECTION. As elections have probably been held in many of the incorporated towns, not in conformity with their charters, and many acts may have been done since the 2Sth December last, or may be done by the late officers and agents of the Provisional gov ernment, before their successors shall be qualified, I recommend that such elections be declared valid, and such acts declared as lawful as they would have been, if done before the discontinuance of the Provision al government. WRITS Or XLF.CTIO.N. Having been notified by the Sheriff of Sampson, that Thomas I. Faison, Senator of this General Assembly from said coun ty, and a member of the State Convention from said county, departed this life since your adjournment, I have .issued writs of election to said cointy, appointing the 2rth day uf this month for the holding of an election to fill such vacancies. The 16th section of chapter 5it Rev. Cede, requires the Governor to issue a writ of election to fill a vacancy otcurring brfor: the meeting of the General Assembly. I hare had doubt as to my power to issue such writ ts fill vacancy occurring between the sessions of the same General Assembly, but I csnceive the intent ef the statute was that the Gov ernor should exercise this power whsn the General Assembly, not being in session, could not order the filling of the vacancy. I construe " before" to have reference t. Ihejneeting of the Assembly at its next session. I have aUi sent a writ of election to the Sheriff of Beaufort, to hold an election n the 30th instant, to fill the vacancy cccu iiuaed in the li:h Senatorial district, by. 1 f; i)

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