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, 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
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. 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
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