Newspapers / Carolina Watchman (Salisbury, N.C.) / May 24, 1877, edition 1 / Page 2
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2 4 i - v t 1 .'4 V 4 1 Carolina Watchman. MAY 24, 1877. The 20th May fcU 'fhU JW on Sunday. The annual QWrvjince of the day .in .MeckleutwriT waa therefore net for Monday. 21 f. which was celebrated with speeches mn4panules. Gov. Vance was expected hera Monday evening.- fr McDowell has sold hi interest in the Charlotte OBwiTpr, to Mr,0, 11. . Jone who thus bepoweji aol proprietor. Mr. MrD. wM , continue for short tiwp iia editoral ppnncptjpn until his place cyn be qpplMi " The 8tatevil)0 American thinly that the Watchmn should, as a matter of jus tice, publish Gon. lech letter to the Jtaleigh Obserrer. The Watchman tixiiikH t hat done all in the preinjaes that "jus tice ha a right to claim of it, and there upon it rest. The American will pardon ' us for no,t seeing things in4hp light yjeivr d by it. . Postal Commission. U has leeu an " iiouncod that a postal comuns'uo'r will leave Washington o tljo evening of the Cist, to proceed South, for the purpose of Jnrjujnrjg into tne wants oi 190 ootiwcif states in respect to taster anu more - tended mail facilities. The GVjnjrnissitm was appointed by the President under an : ct of1 Congress, The chief object seems o be to fcertain whether th wants of the country will justify the additional ex . penee of kst majl ljne j and if so, over What route it will ho best to arrange it. The CQtra4pn Greensboro', Yfflt, fcc, will stop at Kichinond, Charlotte, Atlanta, Knox Y. Times : A wealthy man in Salis bury, N. C, on conviction of ill-using his wife, has been-sentencea to imprisonment for six mouths and to pay a Hue of $300, and put uufhr bonds of $1,500 for his good behavior fpr 12 months. IJqw fond the people are of telling of copd actions. The newspapers in passjn round the above item have dropped the name of the Judge (Kerr) before wftoni the case was tried, and tlje name of the offender, (Posfon), who is now undergoing frii punishment Many a poqr and suff ering wife far and near has read the above find tiered t! Court that sought to pro- feet sister jn distress. Stolen Property. There is a negro man iwwjn jail in whose possession the follow ing articles of property were found, which t is bclioved were stolen irom persons either in this county, Cabarrus or Meck lenburg, to wit : fjne Photograph Album, gilt edge, about fi inches thick, pretty well filled with pic tures of white people, unknown to those who have examined them. No name in he book. One new get of Iutjgy names. '; A nruber of Oil or Kerosine lamps. Koivi .nd forks, nevr ued. These arp only a few items of the fel lows stores. He has a miscellaneous stocky pot yet been identified as stolen property Persons interested are referred to A. C. garnheart, Esq., npar Gold Hill, for further information. JUDGE COX'S DECISION. copy in this paper the decision of on pf'e ablest Judges on the Superior (Jourt bench la a case involving the ques ton jnicia authority as between the SUtfiPijf Torth Carolina aud the United States. Jndge Cox lias rendered a deci sion against the opinion of other able Jawyers and jurists and very opposite to the wishes of those citizens of ho State mho have sirijered by the excesses of fed- ral ofncjals ever since the war. And yet ft 1 a righteous decision if the laws, Ufata and national, sustain the views of the Judge it becomes the duty of all to accept it. " . Nevertheless, it is absurd to suppose that there is no remedy against those who break the laws of the State, presuming pa &e protection of the Federal Courts agaiust the legal consequences of wanton prime. We have nq idea that our svstem Af government is 9 miserably defective as to admit of-any such- immunity from leg JHWtabjlity. TbeFe must be -Frfo Wn e ffoy justice, and Just what hat if ay is, is the subject of so much vital interest to our people. The Ibcision of Judge Cox surrenders to the ederal government a federal agent accus- jfA pf crimes against the State perpetrat- m wuh exepttting federal duties, irnpl edly to answer his federal master for the alleged crimes and according to the laws f the State. There is certainly rea- ten In this view of the case, for otherwise twouJ monstrous to' abandon an a jfent whp had g jnto trouble with the f1? -wl$e tPFfWP&g federal mandate. The law and a way Jo enforce i t no doubt xists, and jrec trust the Judges of the Ute will at least agree on the one point of settling the .question as ft gw (he law h mr available for the protection . jof urcltUens. y.or should this bediffi W1 ''herehe authorities, State and fetl hAllaoai in the purpose for accom VH Jhi? nd of Justice i and we see no rtaaon why such harmony shwl ppj c fully equal to the desired end! The election of W'iJlard as Chief Justice pt South Caroljjja, sseme to have been en ojraed by the DemocraU with a singular jntaimity. It is true that he was 'not a native of tfce State, but his recect deei jons in the late exeigng campaign led the wopje. to believe that jie was an honest, upright man. He has their full confidence, jbr a man of earning and will no doubt, feflect honor upon the position to which wa chosen. There 'are tln-ee railroad schenieg which claim the attention of the people 'of Ho wan: rheyorth Carolina and, Virginia Road, . . . . .! l. the Cheraw and Sansoury, auu m Coalfields-project, , Tow, it is qune cer tain theCoiinty will not undertake to help all these schemes at one and the same time ; Jut admitting the Importance of any one of them separately,-we can see no good reason why the -people should not fix their attention upon one ot tnera aim tut deavor to push it forward. We believe the County is abundauily able to build all these roads from Salisbury to flip Coun ty line, not in the usual way, perhaps, but by the county taking the contracts and do. :"ti, ,..fL- lu.rp1f.:inilholdinir the stock 1UU tUV i v. . 7 v- in her own right: If the county can lay out new dirt xoads and bnildl)ridges, why may she not organize a force to build a railroad k4 a4 d6 all the work required to make it readv for the trams. Labor is ciieap and abundant; and with tlie whole subject undee her own control, the county could regulate the business with referencs to the financial condition of her people. It might Juke a longer time to accomplish tae work in this way, but if when finished the coun- tv was clear of debt, or was bound tor no t!mn fcln r'onld easilv carry, her UiVtV - ' ild certain! v be vastly im proved, v tlirnw nut these sufrcestions lor What they are worth, hoping tliey may engage the venous auenuou 01 uun-n. We can think of no more practical mode of proceeding on the subject; for we think th time, has uassed to raise hutr sums of money for railroad purposes by private or individual subscriptions ; and it may also have passed for counties to subscribe large sums to a joint stock conjpany to be paid in cash- Will it not be inorc satisfactory to counties to work out their subscriptions, through agejifs of their own selection, ac countable as other county-agents are than to pav cash ito the hands of a joint stock company officered by men who too often studv how not to do a thinr rather than how well and cheaply it may be done ? , - How it Started. Gen. Leach, in his late letter, rather longer than we wish to publish, gives the subjoined account of how the story concerning himself and the revival of the old whig party originated Referring to his visit to Statesville on pro fessiqnal business, he says : When there I met several leading men pn the streets, and being asked my view on the political situation, and the news paper rumors of a. third pnrtv, I replied substantially : That the Radical wing of the Republican party were heaping tin measured abuse on General Hayes on ac count of his Southern Policif, while the moderate, sensible men of the Democratic parfv, of which I claimed to be one, as well as quite a mimber ot Conservative newspapers, were not only commending but heartily endorsing him ; and that, if by reason ot this division and split 111 both parties, their existing organizations should become demoralized and disintegrated, 1 would lie in favor of building up out of the best elements and materials of both parties, a National Henry Clay party, freed from sectionalism and war hsiies, and intent only on the general welfare and prosperity oi the whole country ; and this was said in a spirit of pleasantry and so taken and understood by every one pres ent, and aa compliment to the old Whig party of other and better years : because neither then nor now would I advise an attempt to build-upland revive the Whig party or.any third party, tor the r reason that 1 deem it both. impracticable ami un wise, and that no necessity has arisen yet, aud never may ; though no one can fore see what a few years or even months may disclose ; tor if party tyranny or unjust oppression of the people, or utter di'sre- ard ot Constitutional obligation, or a greatly changed condition of parties and of policies, 'should imperatively demand it in the name of the people's liberty, I cer tainly would iavor and urge the necessity of such a party with all the energy of soul and body I possess, and all the affection ate fealty that a loyal son owes to his State and country, because no man is en titled to respect Whoi loves party moru than country. - "I will venture a prediction: If trouble shall come to the Democratic party, (which for years after the war was known in this State as the Conservative! party.) ami it should lose alike its prestige and its pow er, it will not leby the fault or misconduct of the moderate and thoughtful men of the party, but on account of the rashness and partisan bitterness and intolerance of ex treme men, and newspapers, denouncing moderate and wise men of their own pun tv.wbnmrhmrsh..Ilfi.;i f .i i ty, whom they shall fail to coerce and drag oon into- their own unwise, if not fatal, policies and principles, and continually reviling, vrith indiscriminate censure, the policy and measures of political oppo nents, whether right or wrong, wise or wicked. "1 confess I am, and always-have been, unalterably opposed to extreme measures in church and State in public or social life because perjudice and passion, iu their mad struggle for the ascendancy, can never win the victory over reason and wisdom ; and this is peculiarly true of political parties ; bitter partisans alwavs weakening-and injuring, while calm, mod erate men unite and utrengthen party or ganizations ; and the leaders of any who deal freely in vituperation- instead of the gentle means of reason and conciliation, are seldom successful, aud never ought to be." WMr. W. M. Munday, liviug in Lem ly's Township, in this county, showed us some large human bones found near the bank of the Catawba River, They were found in what is supposed to have been an Indian Mound, aud must have belong ed to larger-sized men than are seen at the present day. Charlotte Democrat. Department of Agriculture. This department is in daily receipt of applications to register for sale lands, wajer-powers, nuues, &c, also inquiries from Northern and Western S)ates in re gard to the resources, climate, soil, &c, of this State. This feature of the depart ment is a most important one, and will probably result in inqre permanent good to the State than any ether. The department is sending out forms of application for the proper registrationrof property which parti. 3 in t'ic Sfate yuli to dispose of. STATE AND U. S. COURTS. ; : ... ..- - ' :' ? " . ; Jfrfiwn of Judge Com, nu Honor. Jo d re Cox. has delivered the following decision in a case pending before him lit Greensboro ; ? v; 1 W Superioe CorjET, (JuilfobD: County, Spring Term, 1877. State vs. Jessb F. Hoskixs and other Cox. Judy. The case to be determined is we of political and legal importance, and the n.irlpr.itidti ixaimronched with thnt diffidence which is justified by it aurrounding?: V lth ti. mfre nolitic.il Question, this court hashoth- ih to do, nu to other departments ot tne gov- ejrnment fucIi questions properly belong, where Appropriate remedies may Ue applied to any wioncs which are found to exist. ih to do, as to other departments ot tne gov- la ' . . .. I. ! T . 1 t. I -.1. I . Whatever mav be the interest which arises I from the discussion of any rtiihiect. tlie judiciary I jiould remain calm and fearlessly declare the! hw without encroaching upon the prerogatives pareni a iu overnne mewurus wiuuu n iraiu ft" the co-ordinate departments of the govern- ers have employed. (Ibid, 6th Wheat. 380.) I wj.i 1?. . r l 1 1. .. .ient. I 1 In this ea?e. the defendants are indicted for an assault and battery npon-one Levi Humble, committed within the limits of the State, on beJ soil and within the body of the county of (iuil- ford. Capiases were issued and the delenaanis arrested and bound over to make their appear ance at the present term of the court, and an- 8er the charge of the State against them. ; Thereujion they presented their petition to tlhe Circuit Court of the United States for the Western District of North Carolina, at Greens- loro, wherein they had Pet out that they were officers appointed under the revenue laws of the United states, and that this prosecution was commenced against them on account of an ict done by them "under color of, their office;" J . . . . n . 1 - rr 1 . which petition was vcrineu oy tueir amuavus, Accompanied by a certificile signed by an at- iorner of this court, reciting that as counsel for the petitioners, he had examined the proceedings ia,and that her sovereignty alene had been viola in this court against them, and carefully in- ted, that Congress could not prescribe a pun- Auired into all the matters set forth in the pe- . 1.1 . r 1 1 1 .1 t. f tition. and that he beiieven them to oe true And therefore thev pray that the prosecution i(T;iinst ihem should be transferred from the SuDerior Court of Guilford co'.mty to the Cir cuit Court of the United States, which latter Court they insisted had exclusive jurisdiction to try them for this alleged breach or the peace; and that any further proceedings in this court tinder said indictment would be null and void I Before the defendants were called for trial in this court, a copy of an order from the Circuit Court of the United States, purporting to trans- fere their cause to the said Circuit Court, was luly served upon the clerk of this court ; and when the defendants were called to answei, they entered a plea to the jurisdiction for the cause above stated, to which the Solioitor for the State, by replication, demurred. ! The defendants' claim is founded upon the Revised Statutes of the Lniteu States, page 115, iec. ti!3. No question is laised bv the State in this court, as to the regularity of the proceed ings in the Court of the United States, by which the defendants insist their cause has been re moved to that court. Their petition and the certificate of counsel conform in all particulars to the requirements of the statute. It is not denied ;hat the act of Congress re ferred to includes the defendants' case, and if yalid, gives them ihe right of transfer for trail to the federal Court ; and hence this court is Relieved from the necessity of considering these Subjects, as the reMstance to the defendant's right of removal is predicated alone upon the unconstitutionality of the act of Congress relied ion by them. It will not be questioned thnt this court has the risrhi to declare an act of Congress repugnant to the Constitution of the United States, and indeed it would become io imperative duly to do so where the repugnancy as plain, and in such case it would not hesitate ho to declare. Still the dtitv is one of delicacy, and only to be performed when the ircpugnancv is ciear and the conflict irreconcila ible. Every doubt is to le resolved in favor of ithe constitutionality of the law. Cooler's (Const. Iim., en. 4, pp 10'J tl scq. 1 he flavor cs. Conner, G Wall. 'J47.1 i While full v impressed with the dignity and importance of the questions involved,, an ehi borate discussion is not here proposed, but onlv 'a brief statement of the reasoning by which the ;couri has oeeti leu to its conclusions, alter a careful and mature consideration. j It is readily conceded to the prosecution that iif the uelendants committed the oflence chart ied in the indictment, and by so doing, the peace lot the Mate was alone broken, whv t hen-Con- !?ress could not constitutionally enact a law for the punishment of this simple misdemeanor, ianu congress, oy ine act now unuer consiuera- nun, nas noi sougni so io no. li is lurther conceded to the prosecution that neither the United States nor anv State has the risht to try and punish the defendants, citizens of North Carolina, for this breach ot ihe peace of the State, except bv her own consent. Rut a State imay consent to a relinquishment of a part of iher sovereignity, and u special consent in such particular case is not indispensable. It may be jgiven in a general law, but that government (claiming the right to try one of her citizens for a criminal offjnee committed against the State, jniust show that the judicial authority was in cluded in that portion of her soverignity which the State so transferred in order to confer jur isdiction. And the question is to be determin ed by an examination of that instrument by which the surrender was made, j If therefore upon a just interpretation of the jConstitution. it shall be found that in a certain filass of cusea the general government has the judicial power to try and punish offences against iher laws.-then the State in such cases has part .ed wilh her right by criminal prosecutions in jher own courts, to protect her own people against criminal offenders and defend herself lagamst such assaults as mav be made upon her ilM. - " ..1 I . . . I l;. e ca8e wletaled. clearly in order that it may libeseen that this court realizes the conse- iquences of the issues with which it is required ;,u uu ic ureal nmioriance lliat nrisf iif. .1... . . . . ., jthat each step should be taken with proper cir- jcuiiiKpeciion. That North Carolina surrendered some por tion of her sovereignty to the government of jihe United State, in her adoption of the con jstitution, is universally conceded. The main (question in this instance is lo ascertain whether ishe has surrendered to the judicial authority of the general government, the power to rrv and punish in the federal courts, offences committed sagainst lier laws whenever the offender claims jhe was a revenue officer of the United States land that the offence committed as fluainet tVio jState ras done under color of his offien. And jlhis question is to be solved by a calm and careful (examination and faireonstructionoftheconstitu ition itself, and not by showing that Congress has jinn anu cannot provide lor the punishment of jinere assaultsand batteries, committed within the Stale, by demonstrating that her peace and (dignity alone is invaded, nor bv indication t,e jdisastrous consequences that may follow to the (State, if the general government shall abuse jtlus delegation of judicial authority ; for as jabove indicated these matters do not belong to the judicial department. The people are sev iereign and in the proper way and manner have Jtjic right at all times to niaku such changes in jtheir government as experience may dictate are (calculated to promote the general welfare, j First, then, if this judicial authority has been isurrendered by North Carolina, does the con istitiiiion empower Congress lo vest It in the (Circuit Courts of the United States? Second, iif Congress is so empowered by the constitutioa has that body by the Revised Satutes of the' United States (sec. 643) conferred this authority jon the said courts? . The constitution provides that "the judicial power of the United States shall be vested In one Supreme Court and such inferior courts as Congress may from time to time ordain and jestablish," and that this power shall extend to ah, cases in law and equity arising under the constitution and the laws of the United States (Art. Ill, sections , 2.) j ow ii tne juaiciaUMithority extends to the Criminal prosecution under consideration, it is uceau.se n is a case arising under the "constitu tion and laws of the United States. I "The power here under consideration is giv en in general terms. No limitation is imposed, jl he broadest language is used. All cases so rising are. embraced,'.' ' MThe Mslb article declares that the constitution and the lavs of the United State which h1i11 be made iif poruau thereof ; , b1i all be the supreme law of the1nd. The grant of the judicial power contains no such nualiQ cation, It i declared to extend to ajf casw arising under the constitution and law's of the" United States, without distinction or discrimi nation as to the latter, nor is tnere any re striction as to the tribunal in which they may arise, wherever found, ihey are within the reach of ibis authority and subject for its exer- cise to the law-rpaking power of the nation. (The Mayor v. Cooper, b V all, 251, 252.) The judicial power therefore seems to "ex- tend to all eases arising unuer uie laws 01 me United Sutes." "If there be any exception, it ta 10 ue impuea sga the srti.-le." (Cohei 378.) Those who arising under the la . 1 ir ......!.. I J-.f 10 ne impuea against uie expre.su worus 01 1 ; , .11 I 1. r Virmnii K LV huulnii woulu withdraw any case ws 01 the United Mate, "mnst sustain the exeinpliort they claim on the spirit and true meaning of the constitution, which ispirit and true meaning must be so ap- 11 1 18 ll,ulvimem tor usHatui aiiu oaiiery committed on the soil of the Stale in which the defendants claim to be revenue officers of the United States and that the act complained of was done "undercolor ot their omcer be "a case arising unaer a law oi me unueu oiaies, it seems clear the judicial power must extend to the trial of the same. It is possible a distinction may be sustained between the present case and Cohens vs. Vir- ginia, supra. Cohens was indicted in the State Courts for Belling lottery tickets contrary to her laws. He claimed to exercise the right under an act of congress, i ne case wascarrieu to mennpreme Court of the United Slates, under the 25th sec- tion of the Judiciary Act. In that case, which 1 . 1 ' . . ! 1 3 ' . . : C was iirxi iatii up upon a mouon 10 uisiiims iur want ofjurisdiction,ss tIii-was, it was urged that the offence was pnrely against the laws of Virgin- ishment for such an offence committed within . I. t . Un. .... 1 -1 . 1. - I?,uln... 1 .. the State; that the result of the rederalgov ernment's claiming and exercising judicial powers in such csj?fe would be to -prostrate the States at the feet of the United States government and leave them powerless to pro- trect their own citizens against malefactor who claimed to be acting under aa act of Congress. Fully imbued with the doctrine of States rights, Virginia left nothing unurged to pre vent the exercise of judicial Muthority deciding whether her citizens should or should not be tried and punished by the State. Yet the .Su preme Court held that the judicial power of the United States extended to all cases arisimg un der a law of the United Slatrs. even between a State and her own. citizens, for breach of the criminal laws of the State. And though the Supreme Court ultimately held that the act of Congress under which he claimed to be acting did not authorize the sale ot lolterv tickets in Virginia, vet the Court further held, new. con.. becaume he claimed that it did, the case was one arising under a law of the United States, and within the meaning of those terms as used in the constitution of the United States. Upon that occasion, Marshall, C. J said, "A case in law or equity consists of the right of the one party, as well as the other, and may truly be said to arise under the constitution, or a Jaw ol the United States, whenever its correct decision deiends on the decision of either." Ibid Glh, Wheat. 379 1 Here, however, it is insisted bv the prosecu tion, that while it is true thai ihe Supreme Court of the United States may have appellate juris- liction in such cases, vet it can only proceed to hear and determine them after being decided in. ihe State courts, and thai they cannot he transferred for trial to the inferior conns of the United Sta'e", which are established under the constitution, lor want ot original jurisdiction; and that the constitution nowhere grants such authority to Congress Io confer o;iiiiiial juri diction upon them. In .M.irlin v--. Hunter, 1st wn?at. .iUl, l Me ! Court savs: " 1 lus imwer of removal is not to be found in express terms in any part of the constitution. If it be given, it is only by im plication, as a power necessary and proper to carry into ertect some express power. 1 lie poWcr of removal is certainly notjn ftncluess of langu-ige an exercise of original jurisdiction. It presupposes an exercise of original jurisdic tion to have "attached elsewhere. Thee xUtciice of this power of removal is familiar in Courts iu criminal as well as in civil cases." In regaid to the removal of criminal prose cutions, Justice Story remarks thai the evils would lie insurmountable without the exercise of this right. Storv on the Const., vol. II, 61,740. If the power of removal exists in civil why not in criminal cases ? The same purposes are to be subserved, the idea of the national Legis lature being that the judicial courts of the nation cannot be detrimental, but-must be beneficial, in ellectuating the beneficent ends of t lie con stitution; and the removals themselves originate from an apprehension that justice will be more uniformly and impartially administered by the national judiciary than in the various State courts, where local attachments, prejudices and ambitions might occasionally operate upon the mind of the Judge. The Slaughter House cases and Rces and Cruikshank cases are relied on by the prosecu tion to sustain the distinction between civil and criminal cases. These cases were decided upon a totally different principle, turning upon the construction of the 13th, 14th and loth Articles of amendment to the Constitution of the United States. Slill they do not overrule the principle contended for, and indeed have no reference whatever to the removal of causes. Cruikshank'scasedecides that in an assault made upon an officer of the United States, the sover eignty of the United States is violated (by statute) and the sovereignty of the State by the breach of the peace. Rut if the assault is made by an officer of the United States under color of office, he (by statute) is authorized to remove the cause to the United States Circuit Court; for, says the Court, "the Courts of ihe several States might determine the same question in different ways, There would he no uniformity of decision, for every act of an officer, civil or military, of the United States, including alike the highest and lowest, done under their au thority would be liable to harassing litigation in the State Courts, However regular his con duct, neither the Constitution nor the laws of United States could avail him, if the views of these tribunals and the juries that sat in them should be adverse to him. The authority which he had served ami obeyed would be impotent to protect him." The Mavor vs. Cooper, 6 Wall, 253. - ' That causes in which the Slate Courts have original jurisdiction may be removed to United States Courts, I refer to Gaines vs. Fuentes, 3 Am. L. T. & Rep. 361. It is true that all these cases on which nu ance has been placed were civil cases, vet after a careful examinatk n of such authorities as are available, an inability to find any criminal cause in point arzues a singular acquiescence on the part of a profession whose Argus eyes literally never close, in a law which has been enforced ince 1866. Furthermore, the Legislature of North Car olina in I874-'5, so far recognized the validity of this law, as to direct the Solicitor of the dis trict in which the Circuit Court should be held, (with the permission of the court) to follow and prosecute or- assist in prosecuting, all cases which might be transferred from the courts of the State to said court, thereby giving legisla tive construction as to its constitutionality; and such constructions are always deferred to by our courts. (Laws of North Carolina, lS74-'o.) Now the question of jurisdiction properly iaea in lhis case when the defendants bv their . ... - ,. n rises affidavits and the certificate of counsel, allege that they are revenue officers, for the manner in which the question is made to appear, is not essential; and it may be done as it U in the Revised Statutes of the United Slates above cited, and in section C43 is made conclusive evidence of jurisdiction at this stage of the cause. And here the question arises (.and it is really the only one presented for the determination of this case) in view of the facts, is this "a cause arising under a law of the United States f li so, men the duty of the court is manliest. Now '"whenever ift-a iodicial nfoceedin? any question arises touching the validity of a treaty, or statute, or authority exercised trover the uniuHi oiates, or touching the construction ol anjjyspw' the constitution or anjijfaruis; etc., it is delined lo be "a cause arising nnder a law of the United States." (Story on Consti tution, vol. 2, section 1,647. Martin vs. Hun ter, 1 Wheat, 304.) The questions involved need not all be of a federal character; if there is a single ingredi ent in the mass it is sufficient, nd there is no distinction in this respect between civil and criminal cases. (The Mayor vs. Cooper, 6 Wall.252.) r . In view, then of these decisions of the high est court in the land and of others, riot here enumerated, this court is of the opinion and so decides, that this case is one "arising under a a law of the United States," within the mean ing of the terms as used in the Constitution of the United Slates, and hence under the Revised Statutes now being considered, a revenue officer "for acts done under color of his office," the preliminary steps being taken, has a right to have his cause transferred for trial to the Cir cuit Court of the United States, nolwithstand ing the prosecution may have originated by the State against one of her citizens for a breach of her criminal law. j It is insisted, however, that after the cause is so transferred, the Circuit Court, having no common law jurisdiction, cannot proceed to try and punish the accused. That may or may not be true, or it may be true that this statute has provided that the cause shall proceed as in the State courts by necessary implication they are to be tried by the laws in force in the State. Yet, as hitherto suggested, such objections can not arise in this preliminary inquiry, as we are only to determine the right to transfer. What is thereafter to be done is beside the question now under consideration. Grant, however, for the sake of argument it be so; grant that the collectors are obnoxious; grant that they exceed and abuse their authority still, in the language of the Supreme Court of our State in the case of the State vs. Dunhip (Co K. C. Rep.) we say "these are results deeply to be regretted. The court can only say, the laic is so written" "And. ' sjivs Algernon byduev. "the law no passion can disturb. 'Tis void of" desire and fear, lust and anger. 'Tis mens sine affectu, writ ten reason, retaining some measure of the divide perfection inflexible, inexor able." This court will proceed no further in the nrosecution of this cause until informed of the final action of the Circuit Court of the United fetates, when such steps will be taken as are warranted bv the circumstances. The clerk of this court will lake due notice of this order and act accordingly. Wm. Ii. Cox, Judge, &c, presiding. RAIL ROAD MEETING VILLK. AT MOCKS- At an adjourned Rail Road meeting of the citizens of Mocksvilleand surrounding country, held in the Court House at Mocks ville, on Monday night, May 21, 1877, on motion E. Frost, Esq., of Clarksville Township w as called to the chair, and A. Henly of Mocksville was appointed Secre tary. Mr. Thomas R. Uailey explained the object of the meeting to le the hear ing of the report of the committee appoint ed at the last meeting in regard to the ex istence of the Charter as passed by the Legislature in 18."7. Mr. W illiamson, the chairman of said meeting, being present made the report by having the Charter of the Rail Road read to the meeting. After some remarks by Mr. Williamson as to the validity of the Charter, and the prac tabilitv and great necessity of having this Koad built as speedily as possible, the Rev. Y. ('. Willson, of Farmiiigtoii, made some very appropriate remarks in regard to the enterprise, and urged the importance d' getting the people enthused upon the subject. When, on motion the follow in"; 1'renmMe and Iicsolution was adopted 'Whereas, it is of most vital importance to the citizens of Davie county that the "North Carolina, and Virginia Rail Road,' should be built, therefore be it Resolved, that the Commissioners named in the Charter, to-wit : .lames E. Kerr and Wil liam Overman of Salisbury, and William 15. March, A. M. Rooe, John M. Clement and A. C. Carter of liavie County, be re quested to proceed immediately to adver tise in some one of the newspapers in the State that the books to receive subscrip tion to the capital stock of said Rail Road will Ik opened, when individuals, cities. towns, counties and corporations can have an opportunity to take stock in said Rail Road Company; and that .L A. Williani siu, Thos. 1. Itailey and Caswell Harbin le appointed a special committee to notify the Commissioners, above named, of the action of this meeting, and urge upon them the necessity of attending to this important matter immediately." The meeting then adjourned. E. FROST. A. Hexi.v, Chairman. Sec. - Mocksville, May 21st, 1877. 1) e u Y a tchm a x : A very valuable article in your paper last week contained one error. Light travels alnnit twelve millions of miles per minute. That arti cle said 1!0,(KX) in an liour. Yours truly, A. I). Betts. A postal card from Rutherford College states that Prof. John Moffat, of New York, will deliver the literary address before the societies at the commencement on theiJJid of June. Charlotte Observer. HARRIED. In Cabarrus county, N. c. May IT, 1STT, by Rev. San'l Kotlirook, Air. ukokuk W. uakkimjkk and Mrs Maky A. sjiitu. At the residence of Mr Tobias File, the bride's Ta Uier, May 16, isn, by Kev. K. V. Boyd, assisted by Rev. li. Strong, Mr. M. Stokes Fkalxy lo Miss Mary J. File. In Mocksville, N. C, May 17th, 1877, by Rev A. L. Crawford, Mr. Saskord A. Woodkifk, of Jonesvllle, N. C, lo Miss Martha Jane, youngest daughter of Ephralui Gait her, Esq. DIUD. In Cabarrus county, N. C, May the 12th, 1S77, af ter a Uug;ering sickness, Mr. Crawford J. Goodman, in the anu year of his age. The deceased bore his affliction wltn much pa tience, and expressed hiuiseil prepared for his change. FOR SALE ! At a little over Half price, one second hand Buck Eye Mower and Reaper combined, or a New Champion Mower and Reaper. Terms to suit purchasei. Apply to J. S. McCUBBlNS, 4t. Mill Bridge, May 9, 1877. NOTICE. In pursuance to the authority vested in me, as Mortgagee by Mortgage Deed made to me ! on the bth dav of March, 1874, by M. A. Mof- li?.. 1 !. IT r Tr" . , I, iu i aim ins wne narriei i. .uomu, l snail pro- cecd on the 18th day of June.' 1877. at 12 o'clock, at the Court House door in Lexington, to sell lo the highest bidder for cash two tracts of land, the first adjoining the lands of G. S. Darr and others, containing seventeen acres, the second adjoining the lands of Phillip Kanoy, D. V. Morhtt and others, containing fifty acies more or less. J. W. CECIL, May 14, 1377. (31:1m.) Mortgagee. NEVER KNOWN TO FAIL IF TAKEI J(XTIj!l. i.-i . 4 IN AND HOG CIOLM The best and most efficient cure and pre ventive known. Said by those who have used it to be an unfailing remedy. Read the follow ing testimonials from citizens of the highest respecUbiUTy i the State. Salisbury, N. C, June 2, 1874. Mr. Esniss : Dear Sir : I have nsed with great satisfac tion your Hog Cholera Cure, and can truthfully recommend it to all hog raisers as a great pre ventive and Sure Cure, when used before the hog is loo sick to eat. Yours respectfully, R.R.CRAWFORD. Nbwtojt, N. C, May 25, 1874. Ma, Esjiiss: Your Chicken Cholera Cure gives general satisfaction wherever it has been used, and we think it the best ot the kind in u?e. Rwpectfullv, ABERNETHY & WILLI VMS. Druggists, For sale at Enniss' Drug Store. Price 25 cents a box. (dl:dm.) HARD TIMES ARE OVER. Just received an entire stock of new Spring goods, which were purchased at the lowest market prices, consisting-of Staple and Fancy Dry Goods. A great variety of all kinds of Notions. HAMBURG EDGINGS AT 10 cts. per yard &c Also a large and well selected stock of CLOTHING, HATS, BOOTS, SIIOES, d GEXTLEME&8 F V li XISJ3I X G GOODS. If you want to drink good coflee, come and try "Wallace's Rio. Complete stock of Groceries, Crockery and Cutlery constantly on hand, which I can sell as low as any house in the tily: Since -the great political questions have been settled there is good times ahead for the jeople. Call on Wallace for cheap goods. I have determined to start the Herb and Boot Business in this city, in order to give many a chance to make 7oc to $100 per dav. " V. WALLACE. 29:2m. NOTICE. By virtue of a mortgage deed executed by Geo. W. Hinkleand wif; Mary Hinkle, to J. R. Rice on 2nd day of Nov. 1874, to secure the payment of a certain bond civen by them to the said J. R. Pice, bearing even d;i(e with said mirtg:igc, winch said mortgage deed and bond were m lulled by the said J. R. Kite to the mi K isi.i'-i! on the HUh day of March 1871, ve wiii "!! t'Uhe highest bidder for cash at the Court H.itise door in Mockville on Mon day the 4ili .biy uf June, 1877, the tract of land iu said morignge deed descriheil lying in Davie co.. 4 miles west of Mocksvil'e on which said Hinkle now Jives, containing about 60 acres. J. A. WILLIAMSON, D. V. LEACH, .ptil, 23, 1S77. (29:4t) Mortagees. ADVERTISEMENT. Office Intkkxal Revenue, Statesville, April 2171877. S The following property having been seized j for violation of the Internal Revenue Laws, ! the owner or claimant is hereby notified to ap pear before me, at my office, within thirty days from date and make claim according to law,. or the same will be declared forfeited to the Uni ted States: 1 horse, 1 wagon, 1 keg whiskey, and one set of tire-iron. J. J. MOTT, 29:3t Collector. TCHICE 1 . DR. TRAWTHARil ... T T : 1 1 . 1 - TVl.T-n C T' A fl T- 1 - I. !,.,... u. Ill nnnfinn. .ill. Ktll M HX fct tilt Ol Stand. Will keep constantly on hand a full On&oecial atteutiou civen the PresciiDtion Mr. U. fl K. Barker. The Southern Underwriter's Association. INSURES ALL KINDS OF PROPERTY AGAINST LOSS OR DAMAGE 8Y FIRE AUTHORIZED CAPITAL, ASSETS. MAY 5, 1S7C, , HOME OFFICE RALEIGH. jS" ARMISTEAD JONES. President. R. W. BEST. Secretary. Parties desiring to Insure their property should iiatronlze tliis-Company, lor the following refLBrt Is a sate oorporatiou, combluliig solvency and stability, (two ot the most essential points lu an in1" Company), as the following certificate trom the Secretary ot State seta torth : ro all whom if may ennrern ; jotft This is to certify, That I have thoroughly examined the 44 business affairs and finances " of " th ern Underwriter AsaoclatloD," Ualelgh, North Carolina, tn atwrdance with the provisions ol an ajj mend sections 42, 43, and 44, "Battle's RevlsaV' chapter M, raUUed 1'th March, A. V. 1S75, anaa o u "Vptl, said company is "doing business upon sound principle, within the provisions of Its charter, ana in i r cles, which will more fully appear from i uv;c n iuu uic unsui uic ovaw: ui in ui muuuuh, in statement United Stated Bonds, (market value), N. C. Kail Hoad Bonds, (market value), N. C. County and City Bonds, (market value). Mortgages on Keal Estate In North Carolina, (first llerw), Cash on hand, In Bank and In hands of Agents, Total, $158,3 lrt In accordance with the authority delegated to me by the Legislature, I hereby approve the ReP said Compauy tiled tbls day. Giveq under my hand and seal of onlce. state. WM. II. UOWERTON, Secretary or It protects the policy holder, for Its Charter requires S per cent, of the premiums received to W deP0 ed wltu the state Treasurer for that purpose. Its stockholders are among the prominent business men tn Torth Carolina. It is under the control and management of native North Carolinian. ita uuicers are Known inrougnout the State. It will Insure your property on the most reasonable tjrms. It win keep your money at home. Live, Active, Reliable Agents wanted In every part of the State. Address. Tinrii N. C June l, 187. ly. u. W. BEST, Secretary, Ralelgn, J MURTIIY, Local Agent, Salisbury, N C. Salisbury 35til 24 FOUNDRY & MACHINE Wo We have located at E. II. Marl,'. . I oerof FuJtoa(an4 CouucitslreeL wi01"'- are prepared to (Wall kinds bf casifn " T? e iron or crass. e are now marinf.... i one and me ana two horse Plows, of the ; "'lnS farmer pattern at prfcl tO'Wfrt.V "" two horse Ph -.I.1UI, F pMicuiuuBiii kinds nfvr . and Iron work: sucb.as Pattern M.kinI rP1 eral Repair Work, and Mmnfct.J. ! of Agricultural implements at short and at reduced prices for cash or barter nl'ce k All our work guaranteed to beqUarvt, A share of patronage is desire! at A. S. MURPHY, if 'Attorney :it Law.' I Offlce in Xo. Lawyers Row, jl Opposite Court House. I Salisbury, N. C. 1 0 J. Pill S J Wholesale and Retail Deslvrs "" 111 If l I I f I ' I . ii i i n iv 1 OF iLL KINDS, SAitiszrrj'S', n. c. 0"3pecll orders made from Phtori.,i7! offlc wiH-be supplied. oar Also Agento for the Remington Sewin M,,iL the most perfect and light running Machine ffi market. They have no rotary canmor whwlt ever aims to make a Boise, run bard, ofnu order. We warrant every Machine. If they S please we take them back and return the montT Call before buying led see them. SALISBURY Flouring & Sawing. The 9ubscrilcr havingpurchased tie above Mills, respectfully solicits the patron age of the citizens of Salisbury and surround ing country. He hopes for the continuance of the,patronage heretofore given tbese Mill and bv close attention to extend the busi ness in both branches. By special contract tiinber.can be sawnca hhurcs. Call, and bee me. - W. M. ELS0X. 21.4y. pd- iNationai HLotel RALEIGH, N. C. ' Hoard by llic Day, $2.00. Beautiful situated next to Capital Square. i Col. C. S. BROWN, Propr. Send 2.'c. to G- r . ROWELL & CO.i NV" York, for Pamphlet of 100 pages.conlaininj,' lists jf 3,000 newspapers, and estimate ncw ;ng cost of advertising March 9, 76: It. and complete stock of all goods iu hi hue. ! , Department, which Is under the sole maMgeown 2 tf iTrj si aa 13 w 138,879 1. O G. W. BLACKNALL, TreM' STATE OF NOIITII CAROLIN IN A, . 1 r 5ta. lT4 ' Department of Static KalelgU, May 5ta, uu mat uiri an; uusmacu m v"" on rile la this office : . . $:o,o U.STi u 19,10 1 T3TT - -r-w-rm-t-r-r-m - r 1 huff
Carolina Watchman (Salisbury, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 24, 1877, edition 1
2
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