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0 / 75
L.nifrn cviTEfi OP AMEBIC A.
Wn KINGTON, N. C.. SATOSPAY.FEBBPY8
-Thk expedition saidloW been grated for the
f,ptnre oKewbern by oar forces tftder Gen. Picket,
taa come to an end. That is to eay, Gen. Picket ad
vanced to witin 1 1-2 miles of Newbern, according to
kj, own telegram to Gen. Cootie, and he has since
fritisdrawn his forces without firiDg a gun or making
icy assault for the capture of the town. We do cot
know who i3 to blame for this failure. Somebody is
responsible, and we hope the responsible person, who
ever be may be, will be ferretted out. We have noth
ing against any commander ; we know not one of them
personally, and only speak the sentiments of this com
cmni'y ttfcn we assure them that the people have been
appointed. But we suppose civilians are not capable
oi forming correct conclusions. Yet civilians will
bare their opinions, and somehow or other they have a
way of expressing themselves and giving vent to their,
feelings. Somebody is to blame. It is tinJy these
failures in Eastern North Carolina were put a stop to.
Lest year we beeeiged Washington for several weeks,
and came away without accomplishing anything. Now
we lave witnessed a repetition of the same thing with
regard to Newbern, only it has not taken so long to dp
cothing. To sum up, the expedition marched from
Rioaton, captured a Yankee out-post consisting of two
or three hundred Yankees and.cegroes, camp equippage
Jcc, and destroyed one gunboat, and marched back
again. 1 his appears to be about the sum and sub
stance of tbe whole matter, except the loss of the lamenv
l Col.II. M. Shaw, of the 8th N. C. i., and some
35 own in killed and wounded.
The lof s of Col. Shaw is to be seriously regretted.
Ue was a brave and true man, and highly esteemed by
Lis many acquaintances, and had, so far as we know,
the fall confidence of his regiment.
Jn connection with this affair the Raleigh Standard,
of the 5th inBt., says : .
P0ST8 tbitt. We learn that a dispatch u received by
Got. Vance on Thursday morning, from Goldsborongh,
stating 'hat Newbern would not be attacked by onr forces
or account ot tne Btrengm oi me ioruncauons vi
The Progress, of the same date says :
w h.nvfl no idea that thpre was bet purpose to attack
Newbern, unless it should have been found. J a defenseless
condition, but Biropiy 10 jeei ma situation aim ujbbuoi-u-vantags
of it as might be lound convenient.
The Progress may be right in saying that it has " no
idea that there was any purpose to attack Newbern,"
JLc. We say there was an idea to make the attack, or
everybody we have seen and talked with have been de
ceived, which may be possible, bnt by ro means proba
We have received but very littla information from
our army in the neighborhood of Kinston or Newbern
vesterdav. There is any number of
J lliVV -w - " J W W
reports in circulation. Whether they are correct or not
is more than we can pretend to say, and we do not de
nirp to nrint them. We would caution'our readers
W v w i
against believing htf they hear. The only reliable in
formation we have is, that it is known certain that com
munication from Morehead City to Newbern by railroad
has been cut eff by a division of our forces. We hope
to get something reliable during the day, or at least in
a day or two.
Exchange or Prisoners. CommiBsioner Ovld pub
lishes a notic' in tbe Confederate papers, which appears
in the Journal to-day, declaring exchanged all paroled
officcra, soldiers, or civilians received at City Point be
fore the 1st of January, 1864; all officers and men
captured at Yicksburg who reported for duty at Enter
prise, Mis3., at any time prior to the 14th of Novem
ber, 1SG3, and all cfScers and men captured at Ticks,
burg, belonging to the 1st Tennessee Heavy Artillery,
who reported for duty at Marietta, Georgia.
Tli War News.
The HicbmcLd Examiner of the 2nd icst, under the
above Lead, publishes the following :
Tho f ollowing official dispatch was received at the War
lpartwent yesterday :
" Jackson, via Weldon, N. C, )
'January Slat, i86i. J
" Gen. 8. Cooper, &c :
"Yesterday morning engaged the eremy with a force of
"two hundred men ana a mountain riiie piece. Altera
"fight of twa hours, in wh.ch we ensraged twelve hundred
"oi tho enemy and three pieces of artillery, the Yankee.
"v7Pre driven from Windsor North Carolina, to their boats.
"We lost six men. The loss of the enemy is not knows.
'J. It. tiRlFFlN,
Advices cf the most reliable character from Nortlr
Carolina leave no doubt that the enemy is concentra
ting large forces at Newbern and Alorehead City. In
a few d ya th? public may expect the development of
We are a?sured by an clBcer from Gen. Lee's lines
that tbe popular reports of the scarcity of meat sup
plies ia the army of Northern Virginia are exaggera
ted. Although the rations of meat are reduced, the
soldiers are now drawing full rations of sugar and of
exi client ceffee, and are well pleased to have these lux
cries in compensation for their scanty allowances of
The following communication will be read with io
m terest, and tbe writer has cur thanks for hia kind at
tentions fo our paper. We hope he will keep up his
Camp Bcrqwtsk, near Wilmington, N. (J., )
Feb. 3d, 1864. f
Ms. Editor : Having only one other correspondent.
I find that 1 cncot iC3ifct the temptation to drop you
a line low and then, in order that your readers may
not remain in iencrance of what is going on here and
there where I have been. In my rambles among the
Uttfiiios, atd becpsn too, 1 trcquently n3n up facts and
. . A ? II 4. .
ini-ioeno nai win serve io amuse ana instruct your
vi i .
reaaeis. i nave manapea, mrougu tne Kindness of a
friend, to secure three clippings from the " Poet's Cor
cer " of the " Philadelphia Evening Journal." They
1 1 f .a. "
ttiow a Doiacess ana spirit oi resistance that is some
what Burprising, when we consider at how recent a pe
riod eucb things would have been considered treasons
ble and might have cost the writer and publisher both
ua imprisonment within the dreaded walls of Fort La
fayette The " Journal " is the organ of the Pennsyl
vania uopperneaos, who seem to nave increased in num
bers since Lee showed them an example of Southern
chivalry. I he terms ' Copperhead " and u Buffalo "
tire synonymous ; the Coppers b.iogas cordially hated
oy ice l anueeB as are the Kuna by us. There are not
so many Bufl llos among us as there are Copperheads
among the Yankees : 1 suppose they will ncrober over
half a million at this time. The term " Buffalo " took
its origm from the fact that a great many ot those who
"V J t 1 II- . .
went iii -ir ever a rea cccKaue, ana oiuuea and swore
thai they eouM slaughter ever so many Yankees, pro-
viaeu ice i anEees wouia only let them get close enough
were tbe very first to turn tail and run on the approach
of danger and bellow " Subjugated ! Subjugated I" So
mey were eaid to have lost their horns and were called
Buffalos but this class gradually lost that name and
weni oy mat ot Exempts or Conscnvts. while the Un
ion shrifckers, and those who voluuteered in the Yankee
service, toos tee name ot Buffalo." I am not sufficient.
ly well acquainted with Yankee uord making to give
.Kic kiaf Mn IVnna.k 1 .
uui? ujaiuijr ui iuc nuiu vu'jJnucau, BUU SH8I1 EOl meU
"die with it further.
1 don t tnow whether tbe circumstances of tha mur
der of Dr. Leavy, of Chowan county, have yet got into
the papers or not. At any rate such atrocities cannot
be brought too frequently before the minds and eyes of
fka rrrtrJn !l T u l a t T .
me pcvic, ouu in iai3 ine uovernment may learn
of them, and be induced to take some mersures towards
putting a stop to tfcera in future.
Some time last year tbe Yankees went to Dr. Leavy's
Knn..-J : - J a n : ...
"vuacou-j i-uincu vu. au ma negroes and ms provisions.
This vear, with the helD of hia chiirfren ha man.mi
to raise a safficient crop for the maintenance of himself
una iamvy. About hve or six weeks ago, the Buffalos
being on a raid in ChowaD, went to the Dr.'s house and
demanded his com. ne refuEerto give his consent for
them to take it, and eo they told him they would break
down the door and take u any how. Whereupon, the
WrTnT I " l" e W11Q Paion, told them that
ms wou.u snoot the Urat man that attemnted tn enter hia
Ageing a little intimidated by the Dr 'a .minted
. thev went nff withf Mdijua mmua
manner, they went off without
Shortly, however, tht'y came back again, aceonipaoif..
by an armed body of U. S. wanm. wua. itit-y MkJ
seen down to out o! th guuboata ami oi-cudi wun
then)', probably as u, show cf more authority, t it way
be they thought to intimidate the ir. iu meir turn.
At any rate, he waa not intjmicatra in me .east, and
when ttey attempted to go info hie barn he, vtry un
wisely, let his passion get tbe n a?tery, and fired at them.
I did cot learn whether tte shot took tflect. Imme
diately upon discharging Li un he was eeize and
hanged with a rope which they had brought for the
purpose, iq ail prouao.iity suspecting from what they
knew of his character, that be would prove as gocd as
his word, and wishing lor tn opportunity to hut g tim.
The worst feature of the whole case was. that they tune
him in frcnt of his own door, and in tbe presence of his
family. They have endeavored to kef p this -.flair very
secret, for what cause I am not aware, tor they -ao
murder onr citizens with impaniry at any tiin?. These
murders are of Ire quent occurrence, and the attention of
the Government has been often called to them through
the public journals, but I have yet to learn of any ac
tion having been taken in regard to them.
I hope these things will meet with ths eyes of some ot
the Union lovers who are still left in our midst and are
endeavoring to disseminate the sentiment more widely
bwneans ot peace meetings.
The Yankees claim to have the best market in East-
iorth Carolina in the world. Nearly everybody
as taken tbe oath down there, some from choice, and
ibers from necessity. A great many of them would
have held out and not taken it at all, bnt for a man
named McLese, who went down from Raleigh where he
bad been on seme easiness, and told them that Gover
nor Vance said they had better take it. The Yankees
now buy fresh pork at their picket stands for five cents
a pound, and every other production cf the country at
prices proportiooately small. 1 do not think I 6houId
be very far wrong in my estimate, to say tbaf over a
hundred dozen egga ate bought every day at one stand
nefr Plymouth, end that, too, for a mere song. The
consequence is, that Confederate money is not worth as
jouch in the Eastern-part of the State as it is in New
York. Why is thi3 ? They can sell their produce for
greenbacks, and greenbacks will buy them sugar, coffee,
tea, cheese, and a thousand other things that they are
just as well off without. Whiskey is plenty among
them, and they make gocd use of it. I have heard of
thousands of pounds of pork and bacon that had been
hid, so that when cur troops might retake the Eastern
counties, there would be no scarcity. The thousands
of pounds that wa3 run through their lines every week,
has dwindled down to a very email quantity. The peo
ple have been forced to tcke the oath and parole of
Butler, and they are afraid to run out their bacon. It
will all go to feed Yankee soldiers, for they can sell it
for greenbacks, and with them they can get what they
want, ori if they have more than they can dispose of in
this way, they send them to Richmond and get fifteen
or twenty for one in Confederates. Space will not ad
mit of my saying more, though I have a thousand things
that would be interesting to your readers.
M VRTLB Soni, Nkw IIanovek Countt, )
February ftb, 1804.
Editors Wilmington Journal :
Allow me a few lines in your columns to answer the
long and confu3ed card of Capt. Cubbines, who vainly
endeavor 8 to throw the bis me of the less of tbe fine
Steamer " Wild Payrell " upon your humble servant.
Tbe Captain states that on the 31st he had good ob
servations at noon lat. 32 deg. 15 min. North Jong,
77 deg. 32 min. "West. Wh y was it then that he made
land at Rich Inlet, about tw.nty miies North of New
Inlet, and did not know where be was ?
Does any intelligent man say tLat this was tbe the
pilot's fault ?
It is svpposed to be the duty of tbe Master of a
blockade runner to bring his ship at or near the bar be
wishes to cross and the pilot is paid for bringing her
llis card is the first information I ever had that I
was to take charge of tho ship when she reached ten
If the Captain had brought his ship within a reason
able distance of New Inlet, I would hav brought her
an safely, but he made land on a. misty morning, when
no marks could be discovered, and he could not tell
me whether the steamer was North or South of New
I was never given charge cf the ship, but I'gave my
advice when we ' found ourselves befogged on a strange
shore, and think, had it been followed, the " Wild Day
rell " would nDW have been on her return trip to Nas
sau. The Master's card i3 self condemning, if it were true.
It shows that he gave up his ship to the pilot when it
was his business to have kept command.
The signatures of the whole ship's crew with a
few honorable exceptions to the statement that all the
details of what passed between the Captain and myself
came under their-notice, ie simply absurd.
How could the ship be properly managed When all
the liremen, and all the seamen, the cook, steward, Sec,
were listening to the conversations between the master
and his pilot ? But I do not blame tbe poor fellows for
signing the statement the public know the relation
between an English master and his crew.
I have been a pilot thirty-tight years, and this is the
first ship I have ever been on that met with any acci
dent, and I would cheerfully havegivt n all I have made
in the business to have savtd her for her liberal and
Late pilot Steamer "Wild Dtyrcll."
For the Journal.
CAur 20m N. C. Rug't A. N. V. I
January 31st, 16G4. j
Messrs. Editors : Since my la&t coaimucication, the old
20th has bad her tour on picket, which is now that we are
in winter quarters, the hardest duty we have to perform,
for the banks of the Rgpidan iu bad weather, (and we
scarcely have any other sort here now.) present anything
but an agreeable situation to a soldier, though we manage
to take this like many other disagreeable things, without
much useless complaint. The weather, however, for the
past eight days has been as fine here as I ever saw iu North
Carolina at this season, bnt thi3 is a rate occurence.
Our Brigade (Johnston's) was paraded on the 27th inst.,
to ascertain who would re-enlitt lor the wr, when four
fifths of the 20th promptly stepped forward and offered
their services. Ia this we do not claim to have done more
than our duty, bat we beg leave to call the attention of
our desponding soldiery who have naver smelt Yankee pow
dar to tho fact. Many others of our division (pedes') hav?
also re-enlisted f or the war.
Assistant Surgeon J. 11. Kicks of the 'iOth has been
placed in command of Coipariy E. sr-d H.revet 2d1 Lieut
James H. Dasher of Company C. 30ta N. C. T., has been
elected 2nd Lieut. Compr.ny G, 20h N. C. T.
rcnrs,&c, D. K. B.,
"PEACK! P ACE! BUT T11KUE IS NO PEACE."
The New York News asserts that Fernando Wood
ia for "Peace," and speaks as follows of the Democratic
Congressional caucos Tately held la Washington City :
"At ttat cauens tbe speakers were Senators Powell
and Saulsbury, and Messrs. J. C Allec, Rcbertson,
Uolman, Cox, Pendleton, Fernando Wood and others
cf the House cf Representativee. Not one of these
gentlemen advocated or intimated a desire for a war
platform. On the contrary, every allusion made to the
subject was against the war. Senators Powell aEd
Saulsbury and Mayor Wood denouoced it boldly and
no Bpeaker took opposite gronnos "
"The only business transacted was the appointment
cf a special committee tf two frcm the Senate and five
from the House, to whom was referred the whole subject,
including fixing a time and place to hoid the next Dem
ocratic National Convention. 'Ihe following gentlemen
compose this committee, viz : Davis, of Kentocky, and
Hendrick3, cf Indiana, cn tbe part c f the Senate, and
Messrs. J. C All.n, of Illinois, Fernando Wood, of New
York, Wm Q. Steel, of New Jersey, Bliss, cf Ohio,
and Miller, cf Pennyelvania, on the part cf the House.
"If the sentiments ot these gecthmen on this subject
are oi any conseqaence, we ktow tnat a incyanty are
openly ayowed peace men.
"The fact is, that seven-eights of the, Democratic mem
bers of Congress are the friends cl' peace end opposed
to the war. This will be made apparent before the
close of the ees3ion, and be more fully manifested in the
next National Uonveation.
Tti Bill Creating ihe Office of Knlgulu tint Arm)-.
The followine is the bill introduced by Mr. Phelan,
and referred to in the Senate proceedings of yesterday
aa having passed that body. 'J he color bearer of u
regiment is generally made the target ot the enemy,
and aa tne standard is tne railviccr point ot tne com
mand, the office should ba filled by a soldier of great
coolness and undoubted courage- ' It is the post of
danger, and we are pleased to sve that the proper rank
will Hereafter te attached 10 the position :
Be it enacted, etc.. That there shilt be appointed by
ths President to each regiment of infantry in the army of
the Confederate States an officer to be known aa enBign,
with the rank, pay, and allowance of a First Lieutenant,
whose duty it stall be to bear the colors of the regiment,
bat without tight to command in the field."
Mchmond SeniineU i
The Pennsylvania Democratic State Committee have
issued a call for a State Convention, to be held at Phil
adelphia oa the 24th of March.
Ti the MutUr of AlrXdr Wti!li.
Habeut Corpus from Moore County.
(he P-titiorer bieg .iable to military eervice, waa dra't
ed in 18C2 and luriiiebed a ubtitu-B over 45 years of flje.
The furi8titut- aa accepted, mustered Into service for
th'ee veirt or tte war, and Petitioner rtgolarly dii-
The Pe' if toner is cow undt-r urrfsr by order of the enroll
ing officer : f Moriv roiti'y, under tbe w.' of Corgrcss ap
proved J nn'y 5, 1P64, Tr at no petfcon shall be ezemted
from milita'-y f ervice by reason of Lis having furnished a
Petitioner insists that the Act ot Congress is in viotation
of the Ciustitution of the Confederate States, and bo his ar
rest in illegal.
" 1 he question whttht r a law is vou ior ns repngnaEcy
to tbe Constitution ib at all timss one of much delicacy,
which cufih. peldom if ever to be dtcidf d in the affirmative
in a doubtful case. The Court, hen impelled by duty to
render such a judgement, would be unworthy of its eta
tioa, coatd it be unmindful of the solemn obligations which
that station imposes But it ia not on slight implication
and vagce cotjectu e, that the Legislature is to be pro
nounced to have transcended i's powers, and its acts to be
considered void. Ihe opposition between the Coatitu
tion and the law should be Buch, that the J edge fe.ls a
clear and strong conviction of their incompatibility with
each other. Ag tbe Court can never be unmindful of the
solemn duty imposed on tbe judicial department, when a
claim Is supported by an act which cotflicts wi h the-Con-Btitution,
so the Court can never be unmindful of its duty to
ob?y laws whicli are authorized bv that instrument."
Marshall, C. J., Fletcher v. Peck, 6 Cranch 87, and U. 8.
vs. Fisher, 3 Cranch 358.
There ia nothing in the Constitution of the Confederate
8tates which forbids Corgress to ptss laws v:olating the
obligation cf contracts, though inch power ia denied to the
several States; nor which forbids tte Legislature of a State
to exercise judicial functions ; nor which applies to a State
law which divesfed rights, vested by law in an individual,
nrnvirtprl it rffsrt be not to imnair the obligatic n of a con
tract ; nor to retrospective laws which do not impair the
obligation of contracts tr partake cf the character cf ex
post facto laws. Evans v. Faton, 1 Peters' C. C. B. 322 ;
batt. rlee v. Mattbew.on. 2 Pe'ers' R. 413 ; Watson v. Mer
cer, 8 Peters' 88 ; Charts Eivsr Bridge v. Warren Bridge,
et al.. 11 Peters' 5S9.
So it is not every act which in some view may etm to be
a gieat hartlslip on the citizen, or tgainst our preconceiv
ed notions of ripbt aEd natural justice, which is agaiiiSt th.'
Constitution of the Cotffderattt fcithtes We couhlnU ap
ply on' Declaration of Biph s and Mate Constitution, ss a
qiare and level to any asd every act ot cur own Legiela
nrf. which ' mirht work teconv.Bience or hardship, or
wbich might seem to arbitrary If g'slation ; and in con
siderirg the question' cf lai?, whether an act f f Congress is
in violation ot the Ccnstiiirion of the. Confederate States,
the great rights secured by cur Declaat?on of Bights and
State Constitution are abt-tract.
" Can the conetf uction of the Federsl Constiiu iou d3
pend upon a reference to a State Constitution and by which
the act complained of is ascertained to be legal or illegal ?
By this doctrine, tbe ect, if done in conformity to the State
CoLBtitution, would be free frrm oi jction ui.der the Fede
ral Constitution, but if this conformity do not cxnt, then
the act would not be ires from such objection. This, in ef
fect, would incotporate the r tate Cons 'itu-ion in and make
it part of the Federal Constitu ioa. No tuch , rule o; con
struction exists." Cba'lss River Bridge Co. v. Warren
Bridge et a!., 11 Petero' 579.
Arguments lounded upon hardehi,. will 1 e tnutlcd to
great weight when the words of a statue are o'bcure a:d
open to conjunction, but can never sanction a construc
tion, at variabce with the n snifest nieanirg cf the 1 egif
lature, expressed in plain and urambiguoos terms. Ti e ar
gument ab inconvenientto is under mat y csrcun stances
valid to this extent, ai d the law will soonei setter a pri
vate n iscbief thau a public inconvt nierce. it is better to
softer a mischief which is peculiar :o ooe, than tn incon
venience whicL may prejedice many. Browis Legal Max
ims, 86. Ca de-r et vx e. Bull et us, 3 Dill. :-8G, Iualell, J.
Evana vs. Jordan, 9 Cranch 203.
It baB been ured egairst the ect, that it is hot ou.y re
trosDeciive in its operation.'divesting vested rpht:. but is
I against anotL:r clear principle of ju.tice in making nocom-
pensauon 10 tne pnmip-i mi wut" ws ua. yam w ma ou in
stitute under the former act, whicii author iz d him to em
ploy a Buls'itnte. There iB 110 prohibition in "ht. Ccnslita
tion agamiit CcngreBS passing laws retrospective in the;r
operation or which may div.st vested righ's. Tie v ords
are not to be found in the Cotetituti n nor acy synonym
them- It i tiua that the Constitution oi tne coniecier-
ate States probibi s Congress from pa&s.Dg any " ex post
fnrln lam or law dsr.viue or iiupairirg the richt of proper
ty ia negro slaves ;" but whatever may bo iho general
primary etjmolegy of tt e teim ex post facto, it i now and
has been frcm a period long anterior to the adaption of the
Constitution of tie Uni ed States, welltett.ed. oj- lcgifli
tors, Authors ai.d judicial deciai-nrt, that it re ates to penal
and crimu;el laws, which impo&e uni-lments or torlei
tu es, acd not to 'civii proceedings which afltct private
riohtH lf-trosiiectivelv. Watson vs. Mercer, 8 Pet. rs 88 :
ca'.er vs. Butt. 3 Dall. 380 ; BtBte vs. Bona, 4 Jor.es a :
Dichiiison vs. Dickinscn. 3 liur. i'27; B,ackst;ns ; V der
alist ; El'iott's Debates on tie Ftdeia! Constitu'h'n; Kent;
In Pattcrlee vs. MaUhews .n, 2 Teters 41f, Mr. Ja -tice
Johnson says, ''The wlole of this difficulty arses out, of
that unh.ppy idea ihat the phif.ec exivst facto in tho Con
stitution ot the United Staves wan to: need to critaiual
cases exclusively, a decision wh c i leaves a large clusa ot
arbitrary leRislat.ve acts without the prohibition of the
Constitu.ion." Whatever may be the tUcct oi ihe decisiou
ita lex scripia est" an adaitioEal wguiccM iLight be
drawn, i! one were needed, to -how Its admitted ltatiicted
applicition, in the eccuii y which u now seciticaUy given
to property in slaves, gainst lefjislaiion by Coi:grts3, by
the clause aboved quoted frcm tha Coniederate Constitu
tion, sec. 9. cl. 4 : "No bill of attauder, ex po?l facto law,
or law denying or impairing the right of property in negro
slaves shall be paseed."
Principals " and others will hay, tht itVould have
been but justice iu Congress to lettf re the diaount, or
some portion? which was paid to eubaiiiutow under the act
which gave ti tm authority to employ them, or to nuke
Borue compersation for whatia lost to th.m by th? acv iu
question ; but this viaw, though perhaps an equitable one,
cannot have a contiolliig n-fluence. In the U. va.
Schooner Peggy, 1 Cranch 103, Marshall, C. 'J., says, " Jt
is true that in mere private cases, betwes-u iu ividuals, a
Court will and ought to syuggie hard agiicbt a con.truc
tion which will, ty a rwtrcsptciive operain, ijiit t the
rights of parties ; but ia great nttioi-ai concern?, where
infHvif-n&l richts. acouited by war, are eaciiticed tor na-
tionul nnrne3. the contract (reie ru g to ti.e i:c-ty be
tween Fiance and the United States, iu 10!) mki.g the
sacrifice, ought always to receive a ct-tstrueuon coniorui
ing to it3 manifest import ; and it the cation ha givvn up
the vested r ehts of its citizens, is not for the courts, but
for the Government, to consider whether it be a ci-fie prop
er cr compensation, ktcch a case, the Cou-t ills, ot
cide acctraiL'j to existing laws ; at-d it it bo necessary to
set asids a judmeiit, right; ul uhen rendered, tut wii-ch
cannot be affirmed umu violation of law, the jiidgnu-nt
must be Bet aside."
" The Congress shall have power to mue &na -Upper
armies To make rules lur the fccvernment &hd r.f,un.iioii
of the land and i.av6i fjicee." .rd "To make uii laws
which shall be necessary and proper for cair,j i; g iaio exe
cution the forgoing power? axd alt other powers vested
toy this Constitution in the gbveriment ot the Coi 'federate
States, or in any departrntnt or officer theuof." S-tc. 8,
cl. 12, 14. 18, Constitution Conu derate States " The gov
ernment of the Union ia a cverLmeLt oi the people, it
emanates from them; i s powers are granted by th&m,
and pre to be exercised direoUy on thtm tud for trer btn
efit. The government hich his a rif ht to oo an at, and
baa impobed on it tho duty ot ptr.oriiiig that act, LUt,
according to the diotates oi reaton, ba allowed to elect
the means. If the enu be legitimate and within the hcope
ef tbe Constitution, all ihe meais which aie appropiiate
wbich aie plainly adapted to that t-Ld, and which are not
prohibited, may cocsutaiiocaliy be employed to c.iryit
into eUect. The degree of its neoeBS-ty Jb a qaestion oi
legislative discretion, tot of judicial cou zmcc." caldcr
et bx vs. Bull et nx, J Dail. licC, Inutli, J.
legislative power is the life piiaciplo whicu ditectB th3
operation of civil authority. " The Cocgres.-i hil havt
power" &c, not one Congress, bu eveii Coig t-e,, to tx
eicise this sovereign power to make ail la s wh- .h shall
ha EBpRfsarv and nrorer fcr carivicsr i' to exec U j.n ;Le
granted po sci s. It ol Congress cau byi g auoa on a
great uatioiial uhject. control tie action oi tho .lx; Con
gress on the sa.fi.ft i ubjet, ii cn. lo t o tn perpetuvm, at d
thus the express po.er graiiit j t- i'ie Oongrtiss to tu.kt.
all laws which shall be ntcctr-&i tt..i roper ior carrying
mto.execuion the grained povrcj., bit - ts a ciad ieiter.
This principla ct the soveici i- y o J'gifclatit-'r! is . cw
setthd in a legislative inaxiru. " svi ot pariiati; --"
rogatiDg from the power of subsequent pariian?rta. ltd
not. Because the legislative, being in truth the soverign
power, is alwajs cf equal, always of absolute authority ; it
acknowledges no euperior upon earth, which the pi ior
legislature mast have been, if its ordinances could bird a
subsequent parliament. 1 1. 00; 1 Corrm. 90; Charles
River Bridge vs. Warren Bridge et a!l, 11 Peters 420.
The States have no power, by taxation or otherwise,
to retard, impede, burden or in any manner coLtrol tte
operation of the Constitutional laws enacted by Congress,
to carry into execution tho power vested in the general
government."- Marshall, C. J., Fletcher & feck, 2 Peters
Boppcse Congress were.to pasa an act .uspendlng the
privilege of the writ of Habeas Cnrpus, so far as :t mitfht
affect the act in question, natil forty days after the next
session. At the next seesh n, thcold Coiigress deem it ne
cessary acd proper to repeal tbe act,And should repeal it,
and Judge were to issue the writ, as he is required to do,
in .cation, under a penalty of two thousand nve iiiadied
doll .rs, could the military department of tbe goverLmf nt
claim that there was a vested right in ttat department un
til the law should expire by limitation ?
In the case of West Kiver Bridge Co. v Dix et al, 6 How.
5.10, the Supreme Court of the U. S. held that the ri. hi of
eminent domain, one of the sovereign attributes of govern
ment, and essential to its preservation ana tne proper per
formance of its fuDC ions, is paramount to the right of pri
vate property, and not only tbe property, bat the franchise
of a corporation wm held subject to its exercise. The
riihtxf eminent domain is certaily not more ?mportant acd
essential to the' existence ot government and the proper
exercise of its power, than the right te raise and support
armies and to make all laws which shall be necessary and
proper fcr carrying into execution this power in a time cf
war, whan the very existence of the government, the liber
ty ana lives ot the citizens, are at stage, in btate v Math
ews, 3 Jones, 451, the Bank of Fayetteville wbb authorized
by its charter, 1848. to issue one dollar notes. A subse
quent act of the Legislatur,(1854,prohibitedthe circulation
of such notes. Paarson, Judge ia delivering the opinion of
the Court says, "Is authority to issue email roteu confer
red by the charte. as a part of the essence of tbe contract,
with the intention that it should be subject to such limita
tion as the Legislature might at any time thereafter deec
expedient to mako far the purpose of regulating the cur
rency of the State ? This ia a mere question of construe-
t on, and a plain statement seams sumoient to d ispcsd of it
It is cansequentlv unreasonable to suppose that the General
Assembly, admlttfus that it has the p . wer. would alien or
surrender and make subject to any individual or corpora
tion, a portion of its aoveroicrntv and thereby disaualifv it
self from doing that, for which these ample powers are
c oaf erred on it. It follows that to establish a contract on
the part of the Legislature to relinquish any of its powers,
plain and unequivocal words must bo used. In lookipg
over tbe statute by which the Bank Is incorporated, we
fiud su hcrity to issue notes given in general terms ; and
although it may be inferred that' it wa then the policy,
rather L?it there was no pnrpese not to allow the issuing
ef email notes at that time, yet there is nothing which can .
be fairly construed as a contract on the part of the Mate
not to change the policy any afterwards prohibit their i.sce
and ci eolation. Iheren to pledge to this effect. There
are no words of contract Used, and in fact no woTds, which
bv tbe utmost ingenuity ad straining, can be made to im
ply a cor traet on the part of the Legislature, that it will
not at any time regulate the currency, so as to prohibit
the i e.uii g and circulation of small notes."
In lf50 tse I egislt-turf of Ma-sachn'e'ts granted to Har
vard UU ege the iberty and powei" to ditpose of a ler
rv bv :eas or ott erie from Oharlestown to Boston, p
ing over f bar ea River. Under th ' grant, the College cou
tiLiKd t- hold the Kerry by its lesses and receive the pro
fits ULtil 17. wheii the Legislature incorporated a com
Dacv to build a bridge over Charles Biver where the Ferry
stood, gat.ticg them tolls, the comp nj to pay to Earvfud
ColU e two Luudred pounds a year during the Charter, for
fort ear, which waa atterwards expended to seventy
vears' i he bridge was built under this charter, and the
corporation reo dved the tolls, always keeping the bridge
in oider and performing all that was ei-j ined on them .to
do Ir l'-2 the Legislature incjiporatea anovi -jr tuu
for the election of auoiber bridge, the Wan en 1 u-se, over
Charles Biver, commencing near where the Cbarles h.ver
bridge ccmmetiCed and erminatirg m Bjstou about HO
feet ircm the termination of the Charles River bridge ltey
were authorized to take tolls for a .ew. years and it is now
become free. T.avelera who formerly passed over the
Charles River bridge, now pass over the Warren bridge,
and thus t' r Charles River bridge to. are deprived of the
tolls teev v. -Id otherwise have received. The value of the
franchise granted by the act of 175 ia tow entirely des-
Taw case. The Charles River Bridge vs. the Warren
Bridge, 11 Peters 420, waa argued belere. the hnpreme
Court of ihe U.B by thote great legal luminal tea, Mr.
VLTnv.wr fr tho Pie ftnrl Mr. c.reenleat fcr tne Dis.
Air. Webster insisted upon two points : 1st, Thai by the
g.ant cf 1650 Harvard Co lege was eoli led in perpetuity to
the right to keep a ferry between Georgetown and Uoston ;
that tte right was ex-lusive, and the Legislature had lo
iight to eatabheb another Ferrv oa ti.e sam line of travel,
because it would iniringe tho i ights of the College and those
of the Plaintiff under the Charter of 17t. 2d, 'ihat -the
tin- coufttiuciioHoi tt-x acts of tbe L' gis:auM m Ma?achu
sttts grantir g tte privilege to, bui'd a budge nect Searilj
implied, that the Legi.dature would not an horize ai.e her
bcidge, aDd especially a free one, by the side oftLe Charles
Kiver bridge, so that the franchise which tbey held wcu'.d
be of no value; and that this grant cf the fraibe of the
ferry o the College, and the grant of the right oi pjntsge
to the proprietors of the Charles River bi idge, is a contract
which is impaired by the law authoriz n-f the erectioa oi
the Warren bridge. In the course of hia argument Mr.
Webster sujs, The counsel for the Defendants have s.id
that tbe Plaintiffs have sustained no loirs but that of their
golden prospects 'Iheyhave lost $11 their property; a
property worth three hundred thousand dollars before the
cew bridge v. as built, and now not vtorth thirty dollars
The rights of tho Plaintiff, are no n of.opoly. The,; are the
eijojment of the property for which they had pa d in ad
v-uce; and which by a contract, made by ilc law, they
were ei-ticled to etjoy for twenty years yet to cjnie. They
cluim to hold what tbey have purchased. Thoae who hive
assai.ed this property have taken it lroiu them ; have taken
all fiom tuem wuhout compensation. Thi. presents the
question whether the Constitution ot the United Mates has
been violated ? Thea-o is no other issue made on tbis re
cord. The PlaintUs do not eeek to interrupt the piogiess
of improvements, but they ask to stay revolution, a revo
lution atjaiust the foundations on which properly rests ;
revolution wbich is attempted on the allcgatioa of men .po
ly ; we. resist the clamor against legislative ects wbich have
vested rights in individual, on principles ot equal ju tice to
the State and to those who hold tbohe rights u.der the pro
vieiocs of tho law. The eiecio . ot tLe bridge was au un
dertaking ol great h zard, and the result ot the ettort to
corsTuct it was considered exceeding y doubtful. It can
not, therefore, be supposed that the IraEchisr. was to be
diminished, and its er joyment to be limited. ' Nothing of
this is expressed, aid nothing so uareadonable can be i.a
pliad." Mr. C J, Taney, in delivering the opinion ot thj Court
rays : " This act of incorporation is in the u uil form a-d
the piivileges such as are commonly given to corf oratioiis
of that kind. It confers on them the ordinary faculties ot a
corporation, for the purpose of building the bridge, and
establishes certain rates ot toll which the Company are au
theiized to take. This is the whole grant. There is no
exclusive privilege gwen to them over the wuteia of Charles
liiver, above or Utloxo the bridge. Ao right to titct anoth
er bridge themselves, nor to prtveiU other per&ons from erec
ting one. -AO engagen ad from the ttate that another shall
not be erected, ana no undertaking not to sanction competi
tion, nor to make, improvements tltat may drministi ths
amount of their income On all these subjects the Charier
is siltnt. While the rights of private property are sacred
ly guarded, we must not forget that Ue C-ina.u.ity also
have rights, and thut the happiness and well being oi every
citizen depeads on their faithful preservation, it ia very
clear, that ia ihe form in which th s c,se comes be.oie ua,
bei.ga writ of 'error to a btate Court, the plaiuiitfi in
claiming under either of these rights ihe poiiith umue by
Mr. WeD-iter. J must place themselves on the ground cf con
tract, ui-d cannot support thtmsilves upon the pritcip;.'
that the law divestB vested rights. It is well settiad by U-e
dec.si jns of this Court, that a btate law may be retrospec
tive in its character and may dive.-t vestcM rignta, and ye
col viclite the Constitution ot tbu United Ma.ea, ualesi it
also imparts the obl gation of a contract. Iu 'I Peters, 413,
dattyiee vs. Mathewson, this Court,, in speaking oi the
state law then before them and interpreting ti e article in
the Constitution of .the United fctases whica fortida tte
ibtate to pass laws impairing the obiig&ticn of coLtracis,
uses the following language : "It (the atate law) is said to
be retrospective ; be it so. But retrospective laws which
do not impair the obligation of contracts), or partake ot
the character of ex post facto laws, are not condemned or
forbidden by any part of that iu. trument," (the constitu
tion of the U. S.) and in another passage' fn the same case
thu Court say, "the ot j ction. however, ihob: pressed up
on the Court, was, that the effect of this act was to divest
rights wbioh weie vested by law in Satterlee. There is
certainly no partot the constitution of th3 U. 8. which ap
plies to a (state law of this description ; nor are we &wdie
of any decision of this or of any oiher Court, which lias
condemned such a law upon this groand, p oviJcd its effect
be not to impair the obligation of a contract. The same
principles were re affirmed in this courts in the iate cse
of Waon vs. Uercer, 'decided in 1S:M, 8 Pet. 110 : " As to
tbe hist point, (say the court,) it is clear that this court
has no right to pronounce an act of the State Legislate, e
void, as contn : to the Constitution of the U. 8. lrom the
mere fact that it digests antecedent rights of property
Tho Constitution cf ths U. S. doss cot prohibit the Btatea
from pasaieg retrospective laws, generally ; but only ex
post facto laics." 'ihe object and end of all government is
to remote the happiness and prosperity of the community
a wmcn it ia eetabushed ; and it can Lever, be asaumfed,
thtt the gover rnt intended to diminish its power of ac
complishing tl.. . ..d for which it was created. A fctate
ought never ' j oe presumed to surrender this power, be
causs, like t- taxing power, the whole comuuniy have
an itrterest i .reserving it undinrnished. 'ihe continued
existence cf l .joverament would be of no great value, it by
implications and m'sropresentfitions, it was disarmed of
the powers necessary to accomplish the ends of its creation;
atd the functioa it was designed to periorm, transferred to
ihe bands of privileged Corporations."
Hera is a much ttronger case from our own Supreme
Ci urt : In McRee v Wilmington and Raleigh 11. R. Co., 2
Jones 1S6, under an act of Ass.mbly in 17tti, Htrron, un
der whom the plaint ff tegulirly claimed, was authorized to
erect and keep tip a tell biidge over the North iJist Branch
of tho Cape Fear, and it wa. expressly provided in tbe
Charter that it shall not be lawful fcr any person what
evei to keep any ferry, build any bridge, or set any person
or persons, carriage or carriages, cattle, hogs or sheep.
ooer the said river, for fee or reward, icithin six miles of
the same, under a penalty of twenty shillings for each and
tvery offence." The bridge was erec ed whhinthe time
preecnoed end kept op a toil bridge. Here is an " ex
clusive privilege given to them over the waters cf " the.
North i,t.at Branch, of the Caps Fear, within six miles
al; ve Atd b?'ow the bridge." Hre is the rightto erect
br'dc, aad " o prevent other persons frun erecting
oa," w thi-j tLe lini't. Here is "au ens;agtrn-i5t from the
Cta'e tbat -n ifher shall tot be reotcd " And here is "an
u d-rtasjtijj uot to siucticn compe ition " nor any thing
ei.e ' h u m y dittiiniili the amount of their income."
t a'i thtbs subjects the charter is " expresp. The Rail
road Company, by virtae ot its chirter, cracted in 183t
erected a bricigo as part of the Railroad, over the North
East (.ranch oi th Caj e P'ecr, wi'hiQ six mi en of ihe br.rfgo
site .f the Pi jutiff. Judge Pearson, i.elivcrit'g the op.u
ioa or the ourt Sitya. - Tbe tirst question is, was the mean--ing
of the parlks, and, of course, the scope aud operation
.of the coiitrac , c nflned to the ferries, bridges and other
modes of setting persons and property over the river at
that time known and in use ? Or was it the meaning of the
parties, and was it in their contemplation, to confer upon
Herron, his heirs and assigns, a perpetual monopoly of
setting persons and property over the river, by meani. of
his bridge, so that it should never thereafter be iu the pow
er cf the Governor, Council and Assembly, no matter what
might be the change in the condition of things, either in
reference to the increased necessity tor transports
across the river, or the improved modes of trans
portation, to au horiz . any other mode of ciosairg the
river ? We should hesitate long beforS bringing cur
mitds to the conclusion tLat the letter is the true cou
structi'Jta of the contract ; eecauee it w3a u treasonable
upon the I art of Herron, in consideration of the services
that he was to perform; to exact anv such siiou ati n. and
because it was uareasonable that the Governor, Council
and Assembly, in cotsideration of building a bridge, to
confer a perpetual monopoly and take frcm themselves
and their succetsors. for all time to come, the Dower of do-
ing that for which ah Governments are organized promo
ting the general welfare by adopting such measures as a
neio condition of things might make necessary, and taking
advantage of 6uch improvements and inventions as after
ageB m ght orginate, tor the benefit of the pub ic; in other
fforu.. u vs unrtusonuoie to suppose thai they intended to
surrender the means, by which they and their successors
m:ght thereafter be enabled to eject the purpose for which
they were created and formed into a government "
1 regard these cases as the exponents of the principle in
volved in the question now presented, and as by them it is
decided that the respective acta of the Legislatures rf the
States, brought in question, are not in violation of that
clause of tha National Constitution which expressly prohib
its the States from passing la.vs imnairinir the obligation cf
contracts and & the Constitution cf the Confede.ate States
does not expressly prohitjt Congrc-BJ from passing any such
law, so 1 conclude, a fortiori, from the principle involved,
that the Act of Congress ia question-is not ia violation cf
that ir st rumen t. .
Upon consideration it is ordered and adjudged, that ths
Petitioner, Alexander Williams, be remanded to the custo
dy of Captain N. Cnrrie, and that the Petitioner pay the
osts ef this proceeding, to be taxed by the Clerk of tho
Superior Court of Moore Countv.
--n r rv T r- rm c tt
B. B. i u&avn. jaage a. c. u. a. j.q.
Lnbertoa, Jan'y 29, 1864
"Hallo ! I say, what did you say your medicine
would care ?" "Oh, it will cure everything." "Well,
I take a bottle ; maybe it'll heal my boots, they need it
The following bill baa been pesed by the Senate in
secret session, and the injunction of Bccresy having been
removed, we ate at liberty to fcive it to the public :
A -Bill to organize forces to seive darirg the war.
EKCTI05 1. The Congress of the Confederate Slates of
America do enact, That, from acd after the passage of
this act, all white men. residnt3 cT ihe Confederate
fctate& between the agea of eighteen and fifty-five, shall
bevin the military service of tie Confederate States for the
Sec 2. " That a'l persons between the ages of 43 ard 65,
not row in the army, shall enroll themse'vM r-ithin ncb
tim a- d st Bach place or places in their resuertive coun
ties m iriebcs. os raay be prescribed by the Presioeot,
atd upon their fai ere to do so, tbe pet sou o tailing snail
l.e com cribfld ir,tr tha armv iathe field ; and all details for
provost and hospital guards, for commissary, quirtermss
,,r n., ,. hn,.T orr.nt.. rlprki. and truards. and t-r
service in enforcing the conscript acts, and for
t.nrnnsos. pxcent as hereinAfter nrovided. shall
ail other !
f ' - i :
trom those persona who are between the ages of 46 and l,
not now in the army, and from thoae below the age ei w,
who are unfit for military service iu the field by reason of
phjsical disabilitv. within thirty dajs from the passage of
this act : Frovided, That in the trans-Mississippi depart
ment the time for tbe enrollment aforesaid shall be sixty
days : Provided'urther That all the persons herein
named, between tLe pges of 45 and 55. phll only bo pliced
in the service oct as details, as herein provided.
Sec 3 That no percon shall be relieved from ths opera
tion of bis law by reason ot having been heretf.Te dit-charge-1
fr the army, Trhera i.o dieabi i:y unw exists,
nor shall tho e who have furiiishfd f-ubf r.ta'e be any lon
er exempted by ra-cn il ertof: L'rvidt d, That no per
son wi.o has Leieioioto been exempted on account of re
ligious opinionF, and who ba paid ttie xax levied to r -lieve
him from that service, shall ba ccn-cris: d nu Jr th s act
rFC. 4 That all laws grsiititg exeiuptioM from uiiiitary
scivice be, and the same are hereby, repi tiled; and that
heteaf rer none shall be exempt except the followine :
I. AU who shall be held to be unfit for military aerv'ce,
under rules to be prescribed by tho Secretary of War.
II Tbe Vice-President, of the Conf?:lerate States, the
members cf Congress and cf the several tita'a Legislatures,
and the cfficerB thereof, and such other Confederate ard
State cfScers as tbe President or the Governors of he
States, respectively, msy decla; e to be necessary for the
proper administratiou of the Confederate ;5tare Govera
meLtB. as the case may be.
lH Every minister of ie!i?iop, tutboriz-.d to preach cc
couliug to the inlcs of hu aetf, atd who waa, on tho 10th
of Apiit, 162, and has been since, in the regular discharge
of his ministerial dunes ; superintendents of asjlumns of
tbe deaf, dumb and blind, atd of th? itifne ; ote editor of
each newspaper established tnd be.uz pybluhed ou the
10th of April. l-fi2, who wa3 owner or eoiror of a rewspa
per at that dat. and which has been so published re-gular-lv
since that time, and pnch jouinfjnlen printers as .uch
e.iitor may, aider oatn, ceci re ars muispensiuie mr prim
ing said newspaper ; o " skilled apothecary i'i each aj-o'-h-ecarv
store, who was ,'oi g busireMi. as such a;thecay,
on the 10th of April, 1862, aid sbois now, and Las betu
doing busi. ess siiiCa that tmie ; rU pbfcicitL-s over li e
age of tLi.:y-five years, who now are, t ad ior tiHst s-vu
yenrs havo b.'en, in tee actual acd regular practicaof their
profession ; teucheis, whose Kchools, are cota;;03ed cf not
ieps then twer-ty students, and whoare uov? engaged, and
have been continuously engaged ia teaching1 for two years
n xt preceding the passage of. this set : Fiovided, That
where the occupations enumerated i" thit ciacsj Lave been
eu-per ded by the iLvasion oi tlo uty.iv, fiid have been
resumed at the place cf residence, or :t a'.y other place,
the pe;eon9 herein mehtioQed fehaSl t !'l be etritied to ex
eroption, if in other jespect.i, meeting the requirements of
this and other exemption a:t5.
IV. Fir the police and man.sgeo: -u of slaves, there sball
be exempted one person on each faira or plantation tho
sole pioertj ot a minor, or person ot unsound iui?d, c
fernme sole, or a perpou ab3:nt fn ra hocia ia tbe uiiiitary
or naval Bervice of the Confdei'acy, n s.hich there aie
twenty or more tflec.ivo hands : Provided, The i eifcoa eo
exempted was cn,plo;-ed, and acljng as ano-ei-eer, pre
vious to the 16th of April, 18C2, l.d there ia no white ma'e
adult on eaid term or piactatit n, who is not liable to mili
&r? duty, which factt shall be veriieu by Ihi affiiaviti of
said person, andtwo reypectable citizens, aadhtil! be filed
with lie enrolling cflicer: And irovi0.td, The oiii'iier cf
such fatm or TilastaUou, hii agent, or legal rcpiea'-iitativsr
shall make aflidavi-, atd deliver t..e fiatue to the enroiliuu;
cflicer, thit, aite' dil gent effort, eo oveneer on be pro
cu cd for tuch farm or p la til at ion not liable to nuii'ary du
ty ; Provided further, 'ihat this clause Hhall not exteLd to
any farm r plantation on wtiich the nesroea have been
placd by division, from any other farm or plantation
since tho U'h day cf October, '62: Provided furUur,
Tha t for eveiy j er.oa exempted aa aforesaid, ar.d duiiap
the period of tuch exemption, there ehadbe paid, annually,
into the pubiia treasury, by ths ownera of such slaves, the
eucn if ti-. e Luadred dollars: Provided further, Ihat
nothing herein contained ehall be so coub.ruf d aa to pi e
vent the Piebident from detailing the owner of a plantation
to oversee the same, uncn tho terms, aud in the cases,
ere sncb ovner would hive tbeight to ciaiaijthe fxem -tion
of an overseer to macv-ge eu'h plant ati.n.
V. Provided, That nothii. he e;i coat lined 6hall be
constiued to repeal the act approved April 14, 1SG3, en'i
tled " An act to exempt coutractors for carring the mails
ot the Confederate States, and the drivers of post-coach.s
and hack, from military service Provided, further, That
the exemptions herein granted thscl o.ily c .ntinue whilst
the pe'soaB exempted hereby ire actually eigigad iu their
respective puruitB oroccupatioa
bKC. 5. That the Prebid-?Lt be. and Le ii hereby, au.h.r
ized to graat details, under go, era! ju'es aud rea'ationa
to be i8su3dfrom the War Department, ei.her lro-n persins
between forty-five ar. i fifty live yeara o: age. or f.ora the
army in the li.ld, in all cates where, in his jidrmot-t, jas
'ice, equity and necessity require that he thjuld ink. eucb
detaus, and ho may rcvoke.snch order of details whenever
he may think proper: Provided, That the poster herein
ganted to the President to make details and exemptions,
under ceitiin ciicurrstaDces, shall not be construed to au
fhorizj the excinption or dc-tail cf tny coLtractor for f ar
iiitshiDs supplies to the Government, by reason oi said con
tract, unless the head orae.aJncrf the department shall
certify that the personal services cf said contractor are m
dispeDBaide to the execution cf the contract, and tlftit 'the
same ia beicg carried out in good faith, ivd then never
mote tfca one person tor each contract, or i f the ofliciers,
clerks, Agents or employees rf express corcpanii'S.
kxi'. 0. Ihat ory quartermaster or fcsais'ant qua. te: mas
ter, ctriniiB!ary or isiutat;t cemmifsary, (other thanthee
serving with b igades cr reg:ment(. in tiao lield,) or officer
in the nitie bureau, proves, m-.r-i.-i, or enrollizig cflicer,
who shall employ any person bc-'.Wf rr, ihe aes of eighteen
and forty-five, who is liable to military duty jn ths field, as
a clerk, agent, or ia acp ether wcy, slioll, upon conviction
therebf by a court martial, or miiitary c-uri, be e chirred;
and it sliall be the daty cf any dedartmeiit or dianijt coni
maiider, upon proof, by the oath of sav creditable person,
that any.qaarteruicster or assistant qu'irtcra.a3tcr, cora
rji.6ary or ag.istant cctna-issary, or cflicer in t e n:tre bu
reau, provost marshal, or enrollirfr cflicer, h.t violated this
law, immediately to relieve said clBcer from his command,
and take prompt measun s to have hina tried for aid of
fence ; and any department or district coaimtirjder who
shall fail to do es requ:red by thia act, as above stated,
shall, upon conviction thereof, be dismissed the . ervice.
tEC. 7. That in appointing kcal beards of eurgeoLS for
the exanination of peasons Jiab'e to miMtary service, no
member ccmpoaiDg ihe sems shall be appoiatsd fro-a the
county in which eaid persons retide.
Shc 8. That nothiDg herein contained ehall l e constru
ed to repeal any port oi iLe act entitled "An act to provide
father for the public dt fence," avprcved Ki'-h Apiil.
or of the act ameiicatory theret , approved 27 h ot fcept.
I8ti2, except as h refa eznress'y provided for.
Frcm tho New Yoik Corre.-:poi dent of tte L3.:do.i UeraM.
(5oe iLicc; )3 clerrly evident, c-veu at this early e.are
ot tte iTt'Sitient s gatr;e.
ted iS htr :,e frucceES.ul in
JS o nui.tarj in&u cun bo ciuc-
obtaioic? the nomination. I
am mcliofd to tbink that Mr.
be rcr:cinicjt'--d by hi3 jiarfy
re-elected, or, if be is eo
over in iLe wuy n-'in'jcu oar rv
turan spL-ech. S;il', rajr.y cl u.'..ts. in iy
fore November 7, 1804, v Lt-r,t t c I
pi a c?
tales place. If a
casLicg Sou-jern General of the
echool could be fcuud h-: would
b8 in Washington before Hay, nr.d tbis would yc-riously
ccmpMcpte the pit ns of the parlies -cusious to be the
The j-ke cf Old Abe racking or rtipitir:g th-t ail
the slaveholders Souin tlnnld take an oath to become
Aboiiticn;sls after the rao9t radical pattern, has rot
yet been settled. It will probably make the miiiions
ia rebellion ten times mote ferocious than they cow
are. T4is and a good miliUiry leader will soon change
the face of things. So think the preat financiers of
Wall street, for gold is up to 1D2, end sterling exchange
at 1C5 higher than has been rfcchc-d lor some tia
Breedstuffa are all up tco. The solid men hereMird
elsewhere are all laughing at tie bill introduced into
the United Ktates Senate by Senator Lane, of Kans s.
It makes it a criminal offence lo buy or pell gold and
Silver. It is COt likelv that siifh n hill will nnsa .nth
Houses of Congress and become a lav. Yet there is
no prophesying what will be donj with such a Congress
u3 the present one.
Four new States will be admitted thia session, mak- i
ing thirty nine that will vote at the next Prr sidentiaf
election. rl he new ones are Nevada, Colorado, New
Mexico, and Utah. These will eive twelve electoral
votes for Mr. Lincoln. Under Air. Lincoln's new ar
rangement for reorganizing new States ou. of ol) ones,
he will also get the votes of South Carolinaj Georgia,
North Carolina, Virginia, Alabami, MiEsi.eippi, Louis
iana, Texas, Florid., Arkansas, and Tennessee about
thirty-nine electoral votes. It will be a fraud, but, aR
they say, a justifiable one. We shall see. The admis
sion of these new States will give a large administrative
majority in both Ilousea for either the purposes of le
gislation or for electing a President. '1 here may be a
hitch in admitting utan, owing to ber poligamy in
On Sunday night, the 24th Januarv lest, the house
.of Mr. John A. Taylor, of this town, waa entered by
negroes, duringlhe absence of the family, and robbeJ
of about one thousand dullard worth cf nrcpertv. con
sisting of bed clothe?, wearing apparel, groceries, liquors,
etc. Four negroes are implicated ; three have been ar
rested, but the fourth, a de?perats fellow, is still at
large in the wood3, where he had been for some time
previous to the robbery. He should certainly be arrest
ed and brought to condign punishment. A portion of
the stolen articles have been recovered.
Marion (S. C.) Star.
tirpoiU of the Prs A-o-tatton.
Entered according to the Act of CongTesn, jg the year 188
byJ. S. Thkashbh, in ihe Clerk s (.fficeof the I istiict
Court of the Confederate State U.r the Northern
PBOH NORTUF.KN ViUOlNl A.
sags C. H , Feb. 6th, 18G4.
The Kiucht!,) ud Prlc.ce Witlian cavalry sent la a
batc i f prisoner cap. ur. d near Ketth, New Kaaqaier, ou
SnDdy Isst. :hy belong to the fitth corp ai.d r- poit
.uiug H;n 'ieir unes. Uur scouts report tbe ex.
everjimng quiet m their lines.
emj grtiCting fbrlongha jaite liberally to re enlistt-d c.aa.
t ON Ft p. AATK CONGRESS.
RlCHUOMb, I-tb 5, 1
In the Senate to-dy the Boose bill to increase tbetffi
feieLcy of the aray by the employment of negroes iu cr
taio cavscities, was teoorUd upon favorably by tbeSenatd
Milita'-y C.ommittee, aEd placed on the calendar. Ihe Gn
eral appropriation bill was amended and passed. Ou
amendment proposed that no salary be paid to any officer
appointed nnder the Provisional Goverrment, uulesg L4
has been re-appointed and confirmed since by the perm
ne nt Government ; but, at the solicitation of several Sena
tors, was withdrawn, 'ihe bill exempting farmers and
planters v. ho lurciahed substitutes, was, on motion, tak.o
up from the table yeas 14, nays 8 and tnade the spec'ai
ordr for Tneeday next at 1 o'clock.
lb the lloute cviderce of the re-cr.lietrtct cf larje tun.
bets of troops-from the various States, were 'p resented,
and lesoloUotB cf thanks adopted. The Serato bill to or
ganize a general staff for the army, was diecufsed, bnt tot
disposed of. Beth Lcnees were in tecret Ptsaion meat tf
Cn arlkptok, Feb. 4th, tC,l.
The eDemy keej s up an occasional fire t n Sum.er. 8-x
sbcts were fired jesteiday mornirg and three lunt uIrLi,
the former striking the foit and tbe latter exploding over
herd. 80 shots were fired at the City to-day. Tha ena
my'rt battt riea and monitors have kept up a tlow tire on tha
wreck cf tbe Steamer Presto. The Monitors fired levrii
and filteen inch fchells.
FB'M CHBLESTON F1EE ON FOLLY ISLAM).
YANKEE GUN BO A. T ON THORK.
CnAELESTON, Feb. 5'h, 1604.
. i jgbty-iour ifcots weie fired at the City to-d.iy. No
firi.rg at Sumter. The enemy Las been at work all day
hanlirg ammcni.ion to Fort Grff g and ("utriniiiig's Po'Dt
There has been a large fire on F'olly Island to-day, sup
posed to bathe burnirg of a Yankee Hospital.
A Gunboat in EdUto River is lying high and dry, aud it i.
1 soppoaed she will be destroyed.
j FROM THE SOUTHWEST.
0 SIcr.iLK, Ala., Feb. 4th, 1. ..
A special dispatch to the Evenirg News, fiom Okoloiu,
says that there are no signs of tbe enemy in Northern Mi.
sis?ippi or West Tennessee, only at Memphis and German,
town. The Yankee programmers to t dvance from VicU
Janrg iLto Central Alabama, necessitating tho abaLdonmeut
of Mobile. Our forces occupy Corinth and Jscksoi; ;
neither were destroyed, but everything carried oil, -Btocl.,
farming implements, and household furniture. Many faiui
lios will hive to go to Memphis or sutler the ieetruction of
The Yankea cavalry in strorg force crossed Big Black
yesterday or the day before, and were wet by Jacksou'i
savalry, when a lively fight took place. It is, perhaps, a
general ad ar ciJ
FROM MISSISSIPPI THE YANKEES ADVANCING.
: Mobile, leb. 4th, 1861.
A special dispatch to the Evening News, date 1 Clintifu,
Feb. 4'Ji, eays that Shermau'c two corps, under cPhersou
and Hurlbut, are advancing. General Jackson has fought
them all day. They made but two miles to-day, and camp
to-night six or e'ght miles below Clinton. Piisou..rro
port them thirty thousand strorjg.
Gen. Rosa whipped them on the Yazjo yesterday iu
Land to hand fight with pistols.
Koeilb, Feb, .rih, 18C1 .
A special dit pitch to tbe Register and Advertiser, dated
Jackson, Feb. 4th, says that the enemy commenced oros.
ing the Eig Black yesterday. They thrfw over six rem
merits or infantry, two of savalry, and two batteries at the
Railroad Bridge, and attempted to cross Messingers but
failed, and are now attempting to cross at Birdiong's. Tha
City ia fall of rtmors and excitement.
SHOT FOR DESERTION.
Morkistown, Tbkn., Feb. 5tb, l6t.
Private W. H. Roberts, of company A, 2lst MIsa.si.ippi
Regiment, Humphrey's Brigade, was shot to-day for deser
ting his regiment to jeia a cavalry regiment.
Trains are now running to Rogersville Junction. We hvj
noting of interest to report from the front?
Fire. U pdncsday morning abont Lalf-pust t u
o'clock, Gre broke cut amongst a large lot of cotton
awaiting shipment at the depot of tbe Northcas'eru
Hail Road. When first discovered ODly cne bale wa-t
on fire, but the very hteh wind prevailing at the time
quickly communicated the flames lo olhcra. The alarm
vra3 given by one of the workmen in the yard. Cap'.
S. (J. i urner, Mr. Rorian, and a number of officers ami
citizens about the depot proceeded to the spot, and with
tbe assistance cf the workmen succeeded in moving u
large cumber ol bales out of reach of the flames. I he
liremep were, aa usual, promptly in attendance, but the
fire hed made too much headway and could not be ex
ticguished ; every bale on the platform within tbe areu
of the fire having already ignited.
The lo3S i3 considerable, between two and three hun
dred bales of Sea Island and Upland Cotton haviag
been destroyed, besides some damage to the platform -email
portion of the track was also slightly burnt. The
property destroyc3 belonged to various private parties,
umoDgwhom are T. Andrea, Marshall, Beach & Co ,
PcTveU, Low & Co., R. Bradley, CLicora Companv,
and Charleston Company, II. Cobia President.
Fortunately a large lot of Government Cotton at the
depot had . been shipped the day pevious, We did not
kt.rn whether any of the cotton burnt was inanrf l.
The fire is snppcsed to have been caused b7 the sik
I c i - . -. it-'.
from a locomotive. Cltas. Courier, 4ch inst.
Invasion of North Georgia and Western North
Carolixa. liarbari'y of the Invaders and Tories
A correspondent of the Atlanta Register, writiDg from
Walhallu, South Carolina, Jan. 24th, says :
This point h the western terminus of the Columbia
and Anderson Railroad, and verges upon the confines of
North Georgia and West North Carolina.
Ipre?um.you have heard of the recent invasion oi
Western Nonh Carolina and a small portion of Towns
county, Ga., by a column of Yankee cavalry 1,500 iu
number. They came from East Tennes.ee and enter
ed North Carolina through the county of Cherokee.
They were stopped by the want of subsistence for them
selves and horses, and tbe freqaent ssaaulta upon them
ia their forages by the Carolina Home Guards, and a
portion of the Indian forces of Thomas's Legion, then
scouring the moutaius m quest ol bushwhackers. In
their invasion and retreat, aa usual, they pillaged indis
criminately and carrka off with them many negroes,
horse3, cattle, food and clothing. But the climax of
their atrocities was the capture of two Confederate aol
dip3 at home upon 'arJoagbs, whom they de'ivered
over to the merciless bushwhackers of West North
Carolina and East Tennessee, who immediatelv shot
tfceia. i he names cf these two soldiers were Young
Colbert and Davidson.
Our Government ought to retaliate at once by hav
ing shot three Yankee, prisoners. These men were esti
mable citizens and valiant soldiers. I knew them well.
Since then the bushwhackers of this county, of Cherc
kce and Union, Ga., have' murdered in the presence of
his family, Lieut. Col. W. C. Walker, of Thomas'.
Legion while on a visit to see the same. His son, uu
okicer in the same Legion, Mr. Yonng, on valley river,
Col. Davidson, and several othgrs whose nasie9 I have
Poles oh Thkib Way to SIbsria. The follow
ing letter, sent by a Polish exile, dated from Moscow,
gives a sad insight into the cruelties to which ihe pria
oners are subjected :
" I write you a lew lines from Moscow. Neither
our prayers nor our tears, nor our sickness have had
any effjet. We convicts are not allowed to be ill, and
we must all of na proceed on the road maiked out for
U3. Several women and children at the breast, decrepid
old men, and even madmen, form part of our convoy.
Oa the passage Ircm St. Prersburg to Moscow a
woman died in the railway carriatre ; her body was
thrown oat of the window and the train proceeded.
My traveling companion has now proceeded to Nishni
Novgorod with his companions in misfortune. We go
on to-morrow. Communicate thia to my friends, and
receive th farewell ot pqqv galaricnne," -