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THE WILMINGTON JOURNAL. EXGELIIAItD & PRICE, Proprietor, To whom all Letters on Business must be addressed. Terms of Subscription. UVeklv Taper, one rear, invariably in advancce $3 00 'Do. Six months, " " " ....2 00 Tlailv Taper, one year, invariably in advance, $10 00 six months, " " 5 00 " three months, " " 3 00 " one month, " " .. . . 1 00 NORTH CAROLINA LEGISLATURE. bepohted expressly fob the daxly joubxai,. SENATE. Wednesday, Feb. 7th, 18GG. Prayer by the Rev. Thompson Bird, of Iowa. D. M. Carter, Senator elect from the county of Beaufort, being the 12th Senatorial District, in place of W. J. Warren, resigned, presented his credentials and was duly qualified. BEFOGS OF COMMITTEES. Reports from various committees were submit ted. The bills reported on will be noticed as they are taken up. STATE PRINTING. Mr. Morehead introduced a resolution, which was adopted, proposing to raise joint a committee to inquire into the expediency of having a part or all of the State printing and binding done at the Deaf, Dumb and Blind Asylum. suppression of crime. Mr. McKay introduced the following preamble and resolution : Wherea.s, the increase of crime in the country demands the utmost vigilance, in order for its suppression and pre vention, and there being no more certain and effectual way than to have the guardians of the public peace ever on the alert for its detection and punishment, therefore be it Jlrsolrel, That the Judiciary committee le instructed to inquire into the expediency of so amending the law as to require that Grand Jurors shall be drawn, empannelled, and charged at one term to serve at the next term of the court.1, and that the said Grand Jurors shall be bound to take notice of all offences committed which may come to their knowledge, the committee to report by bill or other wise. BOOKS AND PATERS OF THE ADJUTANT GENERAL'S OFFICE. Oi- motion of Mr. Howard, a message was sent to the House proposing to raise a joint committee to take into consideration the propriety of remov ing the books, papers, &c, belonging to the de partments of the Adjutant, Quartermaster and Commissary Generals, of North Carolina, from the room of the Secretary of State to that lately occu pied by the State Geologist. COUNCILLOR OF STATE. The Senate declined to go into an election for Councillor of State. JUSTICES OF THE PEACE. Additional Justices of the Peace for the coun ties of Halifax, Johnston, Duplin and Cherokee, were appointed. LANDLORDS. Mr. Whitford introduced a bill to amend " an act for the relief of Landlords. " Referred to the Judiciary. Its jrovisions will be given hereaf ter. ENGROSSED BILLS. Several important bills were received from the House, and were filed or properly referred. INTEREST ON STATE BONDS. The Senate resumed the consideration of Mr. Berry's bill to make provision for the payment of interest on State Bonds now due. The time until 12 o'clock was taken up in perfecting the bill by amendments, and pending the vote upon its pas sage on the second reading, the Speaker an nounced the hour for the special order, to wit : DISTILLATION OF GRIAN. The House bill to prohibit the distillation of spirituous liquors from grain. Several amendments were offered as to the time at which it should go into operation, and rejected, but the time was fixed on an amendment of Mr. Williams, at the 10th March. The amendment of the Judiciary committee, making the punishment "to be fined or impris oned, or both at the discretion of the Court," was adopted. On motion of Mr. Latham, "potatoes" were added to the list of prohibited articles. Mr. Jones of Wake, moved to insert "And no person in the year 1866, shall be allowed to plant and cultivate more than four acres of cotton, or two acres of tobacco to the hand. Male hands between the ages of sixteen and fifty years, to be counted as one hand. Males between the ages of twelve and sixteen, and above the ages of fifty years, to be counted as a half of a hand, and females above the ages of fourteen and under sixty, to be counted as half a hand. This amendment gave rise to an extended de bate upon the merits of the bill. Messrs. Coving ton, Latham, Wilson and McLean, favoring, and Messrs. Jones of Wake, Cowles, Winstead and Pitchford opposing it. Mr. Howard was prepared to support the meas ure if its friends could show the necessity of such legislation at this time, and desiring to have it discussed in all its bearings, moved its postpone ment until to-morrow. It was so ordered. TRUSTEES OF THE UNIVERSITY. Pending the discussion, the Senate concurred in the proposition to go into an election for one Trus tee of the Universitv. The Senate voted as fol lows : W. P. Bynum 33, J. H. Hyman 9, J. F. Hoke 1. The committee subsequently reported there was no election. HOUR OF MEETING. Mr. Wiggins introduced a resolution, providing that hereafter the Senate meet at 10 o'clock every morning. The resolution lies over. The Senate a J journed until 11 o'clock to-mor row. HOUSE OF COMMONS. Wednesday, Feb. 7, 186G. The House was called to order at 10 o'clock A. M. The Journal of yesterday was read and ap proved. Mr. Campbell, Commoner elect from Iredell county, to fill the vacancy created by the resigna tion of L. Q. Sharpe, Esq., appeared and was qualified. Mr. Hutchison introduced a bill to authorize the construction of a toll-bridge across the Cataw ba River, at, or near the Rock Island Factory, between the counties of Mecklenburg and Gas ton. Mr. Cowan, a bill to incorporate the Bladen Land Company. Mr. Murrill, a bill to incorporate Richlands Female Academy, in the county of Onslow. This bill passed its several readings under a suspension of the rules. Mr. Caldwell, a bill to legalize the transfer of registered bonds of this State to bearer. Mr. Gaines from the committee that superintend ed the election, on yesterday, for two Trustees ot the University, reported the election of Wni. A. Jenkins, Esq. COUNCILLOR OF STATE. On motion of Mr. Waugh, a message was sent to the benate, proposing to go forthwith into an election for a Councillor of State, to fill the vacan cy created by the resignation of W. W. Lenoir, Esq. The following nominations were made : Bv Mr. Waugh, John M. Cloud; by Mr. Houston, James T. Morehead, Jr.; by Mr. Mcintosh, Robert F. Simonton; by Mr. Scoggms, Hon. G. V. Logan; bv Mr. Moore of Al amance, Giles Mebane; by Mr. McNair N. A. McLean; by Mr. Nicks, Tyre Glenn: by Mr. Jenkins of Warren, Joseph Davis; by Mr. McDonald, Charles M. Steadman; by Mr. Marler, J. C. McDowell. Mr. Ferrell nominated Hon. Robt P. Dick. Mr. Houston hoped that Mr. Dick's name would "be withdrawn; Mr. Dick had been one of Gov. Holden's Council, and he did not think he would harmonize very well with Gov. Worth's Council. Mr. McAden, by leave, introduced "a bill to amend the charter of the town of Graham." STATE AGENT. At 11 o'clock the House proceeded to consider the " bill to create a State Agent," on its second reading. Mr. Russell opposid the bilL Mr. Cameron said that the majority of the Com mittee thought the creation of this office would be fcaateriallj beneficial to tka State. VOL 22. Mr. Bussell moved an indefinite postponement of the bill. Mr. Waugh opposed the bill, and called atten tion to the fact that a resolution had passed the House of Representatives declaring that no claims from Southern States shall be considered for the present. Mr. Henry of Bertie, urged the passage of the bill. Mr. Waugh again addressed the House, oppo sing the measure as wholly unnecessary. Mr. Cameron mahe a few remarks in the sup port of the bill. The question recurring the bill was indefinitely postponed yeas 67; nays 34. A message was received from the senate pro posing to raise a joint select committee to take into consideration the expediency of having the State printing and binding dono at the Institution for the Deaf, Dumb and Blind. Concurred in. A bill to authorize the banks of the State to subscribe for stock in the national banks was made the special order for 11 o'clock on Tuesday next. A bill to allow persons of Indian blood to bear testimony in controversies at law, and in equity, was made the special order for Wednesday next at 12 o'clock M. A bill further suspending the operation of the statute of limitation passed its second reading. A bill to incorporate the English and American Wool and Vine-growing, Mining and Manufactur ing company, passed its third reading. A bill to incorporate the Trustees of the General Assembly of the Presbyterian church of the Uni ted States of America, was put on its third read ing. On motion of Mr. Hutchison, the bill was amend ed by striking out the words of "America." The bill thus amended passed. A resolution in favor of A. W. Fraps, passed its several readings. Mr. Marler (by leave) introduced a bill in favor of J. B. Spainhour, tax collector of Burke county. THE UNIVERSITY. Mr. Smith of Hertfoid, reported a resolution for the relief of the University. Appropriates $7,000 to that institution. Messrs. Smith of Hertford, Cameron, Manly and McKay urged the adoption of the resolution under a motion of the first named to suspend the rules. Mr. Hodnett opposed a suspension of the rules, and thought the consideration of the resolution should be postponed for the present. Mr. Everett opposed the resolution. He did not see that the University had greater claims than individuals who had sustained losses by the war. It would beggar the State to extend relief in all cases. Mr. Waugh moved to amend the resolution by appropriating the further sum of $50,000 for the common schools of the State. Mr. Crawford moved to amend the amendment by making the appropriation for common schools $200,000. The amendment to the amendment was rejected. The amendment was rejected. The resolution then passed its second reading as follows, the yeas and nays having been ordered on motion of Mr. York : veas 62 ; navs 34. The resolutions then passed their third readings. Leave of absence was granted to Messrs. Simmons and Flythe. The Senate by message refused to concur in the proposition to elect a Councillor of State. On motion of Mr. Wilson, a message was sent to the Senate, proposing to elect forthwith a Trus tee of the University. The Senate by message announced its concurrence, and the House having voted, adjourned until 10 o'clock A. M., to-morrow. Report on Banks and Banking. The Joint Select Committee, to whom so much of the Governor's Message as refers to Banks and Banking, and the Resolutions inquiring into the conditions of the Bank of the State were re ferred, beg leave to submit the following report : If the corporations of the Banks still exist unim paired by the revolution and its legal consequen ces, the Legislature cannot legitimately interfere with their capital, or divert it to any other pur poses than those authorized by their charters, until the outstanding obligations are discharged ; for such legislation would tend to impair contracts which the Constitution of the United States for bids. These institutions are largely in debt ; the debts contracted on the faith and credit of the coin, which their charter required them to keep in their vaults. Any legislation authorizing the transfer of that coin into another direction by the corporation, is, in the opinion of the committee, in spirit, if not in letter, a violation of a contract. After carefully investigating the subject, the committee is of the opinion that all, or nearly all, of the corporations of the State have ceased as cor porations, to exist, as a legal consequence of the revolution, and the complete conquest of the State. It is a Avell settled principle of international law, (so well settled it is unnecessary to refer to au thorities,) that in a conquered country all laws and all rights of persons and property cease to exist, except such laws and such rights as the conqueror chooses to decree. JNo one win aeny mat ine South was conquered and surrendered1 without terms ; no one can doubt that in the opinion of President Johnson, Ave were a conquered people, and that he, as commander-in-chief of the armies of the conquering power, had a right to decree such laws as to him seemed best. lie refused to accept the terms offered by General Sherman to recognize North Carolina as a de facto government. He proceeded in a manner unknown to our laws, to appoint a Provisional Governor ; without the forms of law, he deprives the people of the State of two-thirds of their property, without "just com pensation ;" he declares in his proclamation, not that a part of the civil laws were at an end, but that " all civil government was at an end in North Carolina." He providetf-for a call of a conven tion, not in accordance with our Constitution, pre scribing qualifications for delegates and voters in a manner unknown to our laws. In obedience to the will of the President, the Provisional Gover nor declares all civil offices in the State vacant, and proceeds to fill the same, prescribing officers for corporations, and qualifications for stockhold ers in said corporations as voters, or proxies ; re gulates our courts, when and where to be held, and what subjects should bo cognizable before them. In obedience to the proclamation of the Gov ernor, a Convention assembled, which Convention, by its acts, accepts and recognizes the fact that it was called by the authority of the President as a conqueror, and proceeded to act according to said terms, receiving messages and daspatches from the President controlling the action of the Convention in matters of vital importance to the people of the' State, abolishing slavery, removing all civil of ficers, and declaring by ordinance, that "Whereas, doubts may arise from the late attempt of North Carolina to secede from the United States, wheth er any and what laws have been and now are in force, &c." and ordaining by said ordinance all laws not inconsistent with the Constitution of the United States, &c. The Convention gives legality to the principle that it was decreed by the Presi dent as conqueror, otherwise, we have had no Convention. There is now no civil government, no legislature, as all owe their existence to the nprm i ssi nn of the President, and not to constitu tional forms. This idea of the supreme power of . the President has been acquiesced in by the people, j this be not done the people will interfere and set fwTifi ot, ia nnw rPrtOfmized bv the tie the question for themselves under the lead of bv thA Convention, and is now recognized by the legislature enacting such laws as are decreed by the President, he not only recommending but de manding such and such measures as a condition precedent to civil government Measures at vari ance with what we deem to be our best interest, and remumant to all of our feelings have been, and are continually being enacted simply because it was so decreed by the President, it is our interest w continue to conform to the decrees of the Presi dent.' .jo ' -ji-i $"' i- ThA . nnfistion arises, what is the legal effect of the ordinance of the Convention declaring what WILMINGTON, N. CM THURSDAY laws are in force or corporations, it being: admit ted by the whole theory of the government and impliedly in said ordinance that during the revo lution, corporations with all other laws ceased to exist ? No one will doubt but that with the con sent of thei (President, the Convention had power to ordain charters for corporations, let the cor porations being in the nature of a contract between the State and its citizens, once ceasing to exist. the corporators can accept of the charters or not but until accepted by the corporators, the ordi nance is of no effect. The committee is not in formed that the stockholders of any Bank have ac cepted the ordinance of the Convention, and it is not to be presumed they will do so, as such an act would be against their interest, us from the recent message of the Governor we learn that the Banks are hopelessly insolvent, not being-able to pay ten cents in the dollar. It is a well settled principal of law in this State, that corporations expiring, the debts both due from and to the cor porations cease to exist as liabilities. Judge Gaston says m the case of J? ox vs. Horah, 1 Ire dell Equity "it is not to be questioned, we think, that on the expiration of the charter, the debts of every kind due from the Bank were extinguished as completely as debts due to it. The same prin ciple is decided in Jones Equity, 6 vol.: Mallett vs. Malloy. From the reasons above set forth, the committee is of the opinion that by the effects of the revolution in the language of the President, "depriving the people of North Carolina of all civil government," the charters of the Banks ex pired, and cannot be renewed except by the con- - i. - C 11 A- " J 1 t 1 j sent oi me corporaiors, anu inis legislature can not interfere, as all the questions connected with the corporations are for judicial and not legisla tive action. Respectfully submitted, A. J. JONES, Chairman. JOS. H. WILSON, R. Y. McADEN, W. A. CALDWELL. One of Governor Brownlow's speculations has come to errief, and we must say we cannot regret it, notwithstanding he belongs to a profession (the clergy,) with whose trials and losses we al ways have the deepest sympathy. It seems he was in too great a hurry, and the good Book ad vises us that they who make haste to be rich, can not keep their hands free from evil and stain. It seems that a gentleman at Knoxville, named Sneed, in obedience to the call of his State, at the breaking out of the war, had cast his lot with Ten nessee, and gone forth like an Indian to die with his tride. Thereupon, that worthy and excellent man of God, Parson Brownlow, appeared as a cred itorof Sneed's, and made a claim for 25, 000 against him. Whether it was in the nature of damages for the suffer nig Brownlow went through for his coun try's cause we do not know, as the decree of the Court that we have read does not show the nature of the claim. However, Sneed's property was grabbed in his absence, attachments ware issued and served, and it was sold and Parson Brownlow bought it, and gathered the rents thereof into his own garner. But Sneed came home, and it being an unpleasant thing to see another man, and he a stranger, too, domiciled in one's own house, he invoked the aid of the benificent laws of the Uni ted States to restore to him his own. He had taken the oath prescribed in the proclamation of Presi dent Lincoln, and under and by virtue of that had become possessed of all the privileges, rights and immunities of a full-blooded American citizen he did not even need a pardon and walked the streets of Knoxville a happy man, under the broad agis of the Constitution, that palladium of our rights and liberties. The cause of Sneed vs. Brownlow was heard before that able lawyer, Judge Trigg, one of Lincoln's ajipointees. Brown low fought stoutly as he always does but came out of the contest a sadder, if not a wiser man, and with his hatred of "Rebels" increased ten-fold in an inverse Christian ratio. Sneed got his pro perty back, and the ex-parson lost what was not his own. It seems that in the hurry and excite ment of bagging . so rich a prize, he was willing to make use of some "rebel legislation," and had his attachment, etc., made returnable at a term of the Knoxville court, created by the Ten nessee Legislature, " rebel " so called. Here was the defeat, and Judge Twigg, in the decree order ing the restoration of the property to Sneed, declares that besides informalities attending the whole proceedings of the plaintiff, that the term of Court to which the writs were returnable, was no term at all, as he could not recognize any of the acts of the Legislature that created it. So the Governor walked but of the court minus some val uable town lots in Knoxville, speculating upon that maxim that "the wicked must suffer," and breathing fury and brimstone ? gainst Tennessee rebels. Whether he is going to resign the Gub ernatorial chair and move North with his house hold gods is not stated. If he does, doubtless the weeping and wailing and gnashing of teeth in Ten nessee will be fearful to hear and behold, and the announcement will spread, as it were, a pall over the State. There are many just such titles as this that will doubtless be thoroughly ventilated and sifted by able, upright judges in the Federal Courts, Many patriots, instead of going to the wars and seeking "the bubble reputation at the cannon's mouth," from a wholesome dislike of saltpetre, remained behind and gatliered up their neighbor's property in ttco great hurry, and consequently got titles per fectly worthless. In this case Mr.. Sneed ought to be grateful to Governor Brownlaw, as his attachment saved the property from a sale under the confiscation act. There are some curious points in this act, by the way, and the proceedings under it, and the sales, etc. , that Ave propose to discuss hereafter at a con venient season. There is much in the matter of great interest to our people. Richmond Times. The Exclusion of the Southern Members from Congress. If a feAv radicals in Congress can deprive the Southern States of representation, they can de prive New York of her representatives by the same process. Nay, the tables may be turned upon the radicals, and they may be kicked out of Congress by a Democratic majority. The rule is very plain, and it works both ways most admirable. It is on ly necessary to appoint a special committee, like that of Thad. Stevens on Reconstruction, and re fer to this committee the credentials of obnoxious members, and the thing is accomplished. That committee may never report, or it may delay re porting until the close of the session, or it may re port adversely. In either case the obnoxious mem bers are disposed of, and the State Avhich is to be denied representation is tlirust out of the Union. Could any recognition of the possibility of seces sion be more practical than this ? We deny the right of the States to leave the Union when they wish to do so, and spend thousands of lives and millions of money to vindicate this unconstitution al principle ; but, after all, Congress allows eleven States to be forced out of the Union by a radical minority when these States desire to stay in ; and thus the right of secession is secured by the logic of contraries. Was ever a dilemma at once so ri diculous and so dangerous ? The only way by which we can be rescued from it. is a prompt revolt on the part of Congress against the radical leaders, and an equally pronq:t j idmission of the Southern Union delegations. If President Johnson. . The Southern States are in the Union, their inhabitants are citizens of the United States, and those who deny them repre sentation violate the Constitution, strike down re- publican principles in the halls where they should be most cherished "and respected, found a Con gressional tyranny upon the very altars of democ racy, and must be prepared to accept the conse quences. r--.2Vr. Y. Herald.. . . .. . , What quadrupeds parties ? Kids, are admitted to operas, and dinner 11 1 ni 4 - : . MORNING, FEBRUARY 15, 1866. From the Correspondence of the Baltimore Sun. The prospect of the admission of attorneys and counsel to the bar of the U. S. courts, without sub scribing to the test oath, is not so good as it was some weeks ago. The Supreme Court delays its decision, which it is believed was adverse to the constitutionality of the law extending the test to this class of citizens. The court is. probably unwilling to decide a question which is identified with politics, especially as -there "was' some erxpec- lauuxi umt congress would repeal the law in re lation to counsel practicing in the federal conrfc. Opposition has arisen in the House, and it is now believed that Congress will not act upon the' sub ject nt all until the time shall arrive for the repeal of the test oath in application to members of that Dotty. . .. . -..., : - ... There is no sig;n of anv relaxation.' of the strin gent policy of Congress in regard to the "seceded" States and their members elect.' 'Not until the committee on reconstruction shall Lave completed their system for the future government of thelate- i u. i Oi j : ' -i , -i ' -. ly e voneu niates, anu witnessed, its acceptance and practical application, will those States be rep resented in Congress, and"tlien rio 'member will be admitted who cannot subscribe to the test oath As ninety-nine out of a hundred of the Southern people south of , the Potomac were more or leas engaged in the rebellion,' 1 it is quite uncertain whether,' during the present generation,'! those States can be represented at all--uriless, indeed. a great change in the representation of the North ern States in Congress shall take place. The many iiiLeiuyeiii. ciiueus ui me ouuui, wno nave VlSlieu Washington of late, have come to this conclusion. The financial measures, which ohcjhtsoon to en gage the attention of Congress, would seem to call for the addse and assont of the Southern .staple- .i tji a ' ;r ; i 1ujuucju pi.iii.eft, even n puiiuuai measures ao not. But, here and there is a rub. Secretary Harlan 1 1 - 1' -IT n i t i . ueciareu in nis auuress ine otner day mat. "some of our wisest financial men"; express fears ,ef the admission of Southern members at this time.-- This fear is ' based, upon the supposition that the Southern representatives, fifty-five in number, would control legislation on the . subject of the national debt, and take steps for its repudiation. A thing without, probability or reason. Of course, it is assumed by "our wisest financial men" that half of the Northern representatives of the Northern people are prepared for repudiation. No confidence, therefore, teems to be placed in the unanimous declaration by the House, at the opening ot the session, that the debbt should never be repudiated. " ; The constitutional amendment resnilatingr rep- resentatipn is before the Senate. The opening speech against it is made by Mr. Sumner. It is somewhat singular that an amendment to the or ganic laAV of the land is hurried through with less consideration than is generally given in legislation to a private claim bill. Amy Dandir's horse, Ro mulus, Avas before Congress forty years before the claim was passed. It is remarkable, too, that in neither House is the amendment introduced by explanations or arguments by the chairman of the joint committee that reportedit Another remark might be made upon the course of the discussion in the House, to wit: that the speeches had only an incidental reference to the amendment, and no speech has been made which even pretends to en ter upon the merits of the question. Mr. Sumner, takes the leadLin the opposition to the amendment in the Senate, "but his objections are of ft character A ery different from those which may be expected from the snug little conservative minority of the Senate, whose regular number of ten Avill not, it is hoped, be soon reduced. Mr. Sumner s objection to the amendment is that it countenances our anti-republican institu tions, whereby five millions of citizens are now robbed of all share in the government of their country, though, as he says, they are taxed, di rectly or indirectly for the support of the govern ment. His argument is that this tyranny of taxa tion, without representation, is inconsistent with the constitutional guarantee of republican govern ment for each State.. So his proposed amendment to the amendment provides for universal negro suffrage. Whether the radical maiorities of Congress will accept this improvement, as they all consider it, is to be seen. They must keep in repose some ammunition for future conflicts. Some political uncertainties will soon be settled An issue is to be made between the President and Congress in a few days. . IOTA. Important Correspondence. The President on Thursday transmitted to Con gress the following correspondence in relation to holding the United States Courts within the insur rectionary States : Exkcutia'e Mansion, Washington, D. C, Oct. 2, 1865. j Dear Sir : It mav become necessary that the Govern ment prosecute sonio high crimes and misdemeanors com mitted against the United States within the District of of the United States lor that district is so far organized and in condition to exercise its functions that yourself or others of the associate J ustices of the Supreme Court will hold a term of the Circuit Court there during the autumn or early winter lor tne trial of cases. Very resnectiully. (Signed) Andrew Johnson. To Honorable S. P. Chase, Chief Justice of the Supreme Court. REPLY OF CHIEF JUSTICE CHASE. Washington, Thursday Evening, i Oct. 12, 1865. ) Dear Sir Your letter of the 2d directed to Cleveland and forwarded to Sanduskv, reached me there night before last. 'I left for Washington vesterday morning, and am just arrived. To your inquiry, whether a term of the Cir cuit uourt ot tne united states lor tne district oi Virginia will be held by myself or one of the Associated Judges of the Supreme Court during the autumn or early winter, 1 respectfully reply in the negative. Under ordinary circum stances the regular term authorized by Congress would have been held on the fourth Monday in November, which this year wiil be the 27th. Only a week will intervene be tween that day and the commencement of the annual term of the Supreme Court, when all the Judges are to be in at tendance at Washington. That time is too short for the transaction of anv rerv important business. Were this otherwise, I so much doubt the propriety of holding Cir cuit Courts of the United States in States which have been declared by the executive and legislative departments of the National Government to be in the rebellion, and there fore subject to martial law, before the complete- restora tion of broken relations with the nation, and the superce ding of the military by the civil administration that I am unwilling- to hold such courts in such States within any circuit which includes Virginia, until Congress shah have had an opportunity to consider and act on the whole sub ject. A civil court in a district under martial law can on ly act by the sanction and under the supervision of the military power, and I cannot think it becomes the Justices of the Supreme Court to exercise jurisdiction under such conditions. In this view, it is proper to state, that Mr. Justice Wayne whose whole circuit is in the rebel States, concurs with me. I have had no opportunity of consult ing the other Justices, but the Supreme Court has hither to declined to consider cases brought before it by appeal or writ of error, from circuit or district courts in the rebel portions of the country. No very reliable interference, it is true, can be drawn from this action for circumstances have greatly changed since the court adjourned, but, so far as it goes, it favors the conclusion of myself. and Mr. Justice Wavne. . With great respect, - Yours, very truly, . ; (Signed) . 8. P. CHASE. Mr. David Lyman, of Middlesex, Ct, says in the Agriculturist, that finding the canker-worm moth was passing his mica protector, he applied a mix ture of equal parts of kerosene and castor oil and no insect has yet been seen to go over it. Admiral. Farragut reports that several empty French transports have touched at Havana on their way to Vera Cruz. On this a report of the withdraAval of the French from Mexico has been founded. ' " " ' - - The demand for free books is increasing We understand, that copies of the last Agricultural Re port of Massachusetts is still frequently called for, although the entire edition was exhausted in May last. ? Three million acres of the surface of Ireland are covered with bogs ; yet only about one acre in three ia deep enough to be cut profitably for fuel. "I-.,.( ; ill NO. 2. Fontenor '(1745.) Thrice, at the huts of Fontenoy, the English column failed, And, twioe, the lines of Saint Antoine, th Dutch in vain assailed; For town and slope were filled with fort and flanking bat tery, And well they swept the English ranks and Dutch aux- , iliary,. As vainly through De Barri's wood, the British soldiers i . burst, The French artillery drove them back, diminished and dis 'persed; - J r- - . -: , --; . The bloody Duke of Cumberland beheld with anxious eye, And ordered up his last reserve, his latest chance to try ; On FnteiKy ! Oa Fontenoy ! how fast his generals ride ! And mustering come his chosen troops, like clouds at even tide. 5 . U t .in: . . H. " , . , . Six thousand English veterans in statelv column Their cannon blaze in front and flank, Lord Hay is at their Steady they step adown the.slope steady they climb the "' hill '-' " Steady they loadrHBteady they fire moving right, onward still, . . , , Betwixt ther wood and Fontenoy, as through' a furnace Through rampart, trench and palisade, and bullets show. - 1 ering fast; :: " ': r. -. Ana on tne open plain above, they rose and kept then course, With steady fire and grim resolve, that mocked at hostile fast I'ontenoy, past Fontenoy while thinner grew their "ranks -" ; j iney broke, as broke the Zuyder Zee through Holland's ocean banns. More idly than the summer flies, French tiralleurs rash round ; .... As stubble to the lava tide, French squadrons strew the ground, Bomb-shell and grape, and round-shot tore, still on they marched and fired Fast, from each volley, grenadier and volligeur retired. U'UBhon, my household cavalry!" King Louis madly To death they rush, but rude their shock not unavenged they died. On through the camp the column trod King Louis turns ins rein ; . . . - 'Vff I'of TV1T llAMA J i- .1 1111 T " I J aiv '-!', in; ucgo, oaio luioijiuacu, me xnsn troops remain:" : -; And Fontenoy. famed Fontenov. had been fc Wa.lArlnn Were not these exiles ready then, fresh, vehement, and true. IV. 1 you have your wish, there are "Lord Clare," he says, you Sainn frAS I" The Marshal almost smiles to see, so furionsly he goes I now nerce me iooks tnese exiles wear, whore wont to be so gay. The treasured wrongs of fifty years are in their hearts to-day ; - The treaty broken, ere the ink wherewith 'twas wrote could dry. Their plundered homes, their ruined shrines, their women's parting cry, Their priesthood hunted down like wolves, their country overthrown . .;. Each looks as if revenge for all were staked on him alone. On Fontenoy, on Fontenoy, nor ever yet elswhere, Rushed on to fight ft nobler band than these proud exiles O'Brien's voice is hoarse with joy, as halting, he corn- mands. Fix bay'nets " " charge !" like mountain storm rush on these fiery bands I Thin is the English column now, and faint their volleys' ,,f grow, ; . Yet, must'ring all the strength thev have. they make a - gallant show. . They uress their ranks upon the hill to faceMthat battle wind Their bayonets the breakers' foam ; like rocks, the men behind 1 . One volley crashes from their lines, when, through the surging smoke, With empty guns clutched in their hands, the headlong Irish broke, ..!.. On Fontenoy, on Fontennoy I hark to that fierce huzza ! "Revenge ! remember Limerick ? dash down the Bassa- nach." VI. fold, Like lions leaping at a when mad with hunger's pang. Right up against the English line the Irish exiles sprang ; ed with gore : ' Through shattered ranks, and severed files and trampled nags mey tore ; The English strove with desperate strength, paused, ral lied, staggered, fled The green hill Bide is matted close with dying and with dead. Across the plain, and far away, passed on that hideous wrack, While cavalier and fantassin dashed in upon their track. On Fontenoy, on Fontenoy 1 like eagles m the sun With bloody plumes the exiles stand the field is fought ana won i The Way to Win Them Back. The United States Marshal for the "Western District of Missouri, gives public notice that pro ceedings have been instituted for the confiscation fothe property of General Sterling Price, and some fifty other officers and men of the Confederate army; and that the writs in these cases have been made returnable to the next term of the United States Court for that district, beginning on the fifth day of March next The gentlemen whose property has been thus seized for confiscation, are among the wealthiest and most influential citizens of Central and Western Missouri. They, or their fathers were, in most instances, the original set tlers upon the very lands which are now 44 libelled " for confiscation ; and it is to their labors and in telligence, and to that of their friends and kins men, that the prosperity of that part of Missouri is mainly owing. The confiscation of the lands of such persons cannot fail to excite the bitterest feelings in the hearts, not only of those who shall directly suffer ftom this malignant persecution, but of all those who are allied to them, by friend ship or sympathy, and indeed of every one who hates injustice and oppression. If there is to be confiscation let it be general, not partial. If the Government will be guilty of the abominable wrong and meanness of heaping punishment upon the unfortunate people who fought for the independence of their States and the sanctity of their homes, or who sympathized with those who did, let it at least be impartial in the infliction of its penalties. Among those whose property has been seized in Missouri we do not re cognize the name of any ' prominent leader of the rebellion " except General Price. This circum stance demonstrates the fact that their property is to be confiscated, not in vindication of the majes ty of the Government, but for the gratification of the bad passions of the personal enemies who have instigated these proceedings against them. We hope that the President, if he cannot bring himself to do what he ought, indeed to have long ago done proclaim a general amnesty will at least stay all proceedings in confiscation until he shall have finally decided what classes shall be prosecuted and punished for their alleged treasorj. It is, bad enough -for the conquerors to deal severely and vindictively with the foe which fought against them so bravely for four long years. It is infinitely worse to blacken their vengeance with the crime of injustice. ' , " - Designs of Southern Men against, .Mexico. : The message of the President in answer, to the Senate inquiry for information, relative to the ne gotiations in 1861 with Mexico for the purpose of marching United States troops from Guaymaa to Arizona, through Mexico, encloses papers upon the subject from the State Department embodying the correspondence between Senor Romero, Mexi can minister, and Mr. Seward, in which the for mer protest against a scheme then on foot in the South to institute slavery in Mexico, and Mr. Sew ard gives assurance of steps being taken to stregth en the power and independence of the Republic of Mexico against every influence coming from the otner nemispnere. . .. . Look out for fruit trees exposed to mice,' A lit tle pile of soU about the Jriint after dewing away weeds and grass, we have found cheap and cffeo- uve. jNeio JUngland f armer TERMS OF ADVERTISING. 1 square, of 10 line or less, for each and every inser tion,' $1.'' " Special Notices will be charged $2 00 per square for each and every insertion. All Obituaries and private publications of every charac ter, are charged as advertisements. 3No advertisement, reflecting upon private charac ter, can, under xsx circumstances, be admitted. Freedmen'i Code. , We find the following letter, from Ex-Governor Graham, in the Raleigh Standard of the 8th inst, written in reply to a letter addressed to him by Messrs. Holderby and Burton : HmiiSBoiio', Feb. Cth, 18CG. Gentlemen : Yours dated the 1st instant, was handed me yesterday. In reply to your request for my opinion on the question pending before the legislature, whether negroes shall be allowed to testify before courts of justice, in all cases, civil or criminal, whero the rights of colored persons are im'olved, as pro posed by the commission for the revision and amendment of our code as applicable to the black race, I have to remark that recognizing in letter and spirit the full force of the amendment of the constitution abolishing slavery, I feel bound to consider everything pertaining to this great change in mo organism oi our society, witn tne sanio de gree of candor and impartiality, that we apply to other provisions of the constitution. Acting upon this principle, were I clothed with the authority now vested in a member of the Gen eral Assembly, I should concur in the modifica tion'of the law in this particular, as proposed by the commission,' and mainly for the reasons as signed in their report. Free negroes have always been regarded as freemen in North Carolina, and as such, entitled to the privilege of habeas corpus, trial by jury, ownership of property, even in slaves, (and cases were not infrequent of the enjoyment of this right) to prosecute and defend suits in courts of justice, and as incident to this, to make affidavits for a continuance, or as a foundation for rules in the progress of a cause, and prove by their own oath, even against white men, accounts to tho amount of sixty dollars for work and labor dono. on goods sold and delivered under tho book debt law. The change proposed then is not so violent or extensive as many suppose; nor is it more fraught with mischief as a dangerous innovation, than in the estimation of the old professors of tho Com mon Law, were the modern reforms in the Law of Evidence iu England, among which is tho regula tion, that parties, plaintiff and defendant, are per mitted to testify in their own causes, which is said to work welL The tendency of judicial decisions in modern times independently of the public opin ion embodied in acts of the legislature, has been in favor of the admissibility of witnesses, leaving their credit to be passed upon by the tribunal be fore which they depose. There is great force in tho argument, that this privilege to the extent proposed to be conferred. is in the present condition of the black race neces sary to their safety, since they have lost tho secu rity of a white witness in the person of a master or overseer, or the families of either. I would erant it, however, on the higher ground of right. I can at this moment call to mind no essential attribute of civil or religious liberty, which is denied to them in this State, except this privilege of bearing evidence in matters involving tho rights of white men. This conceded, they have everything ne cessary to the fullest enjoyment of their rights un der the law. As to political liberty or power over the law, as comprehended in the right of suffrago the safety and welfare of the commumty require. that this shall be jealously reserved to tho white race, upon whose salutary control in the futuro as in the past, we must rely, for that national and conservative freedom, which under a beneficent Providence, is to fulfill tho high destiny of tho Anglo-American States. I remain, with high respect. Your ob't serv't, W. A. GRAHAM. Messrs. J. Holderby, J. W. Burton. House of Commons. . Hints to Bennett and Thad Stevens. Charles Lamb used to relate with great glee that his theo logical investigations were exhausted in devising a scheme for the equalizing punishment after death. This he proposed to do by having a special hell for Scotchman, in which the brimstone should be lefi out, thereby consigning them in a double sense to the "old scratch" Some chap out West has, however, improved upon Lamb's conceit, and narrates the following story somewhat at the ex pense of Thad Stevens, of Pennsylvania : He says he dreamed that he once made a visit to inferno, and while engaged in conversation with the pro prietor, an imp announced that the Pennsylvania Radical was at the door seeking admittance. Old Nic promptly and emphatically refused him en trance upon the ground that he would be continu ally disturbing the peace and order of tho place. The imp soon returned, saying that Thad insisted on coming in, declaring that ho had no other place to go to. After considerable anxious reflec tion Old Nick's face suddenly brightened as with a new idea, and he exclaimed : "I've got it ! Tell the Janitor to give him six bushels of brim stone and a box of matches and let him go and start a little hell of his own. I can't have him here. Exchange. The Tragic History op Brown Stout. The fol lowing will be immensely interesting to the drink ers of English beer : A celebrated brewer in London had in his em ploy a fat porter by the name of Stout One day Stout was missing, and they knew nothing of him for Beveral weeks. In the meantime his London customers plied him with orders for more beer like the last supplied. The brewer was at a loss to know in what consisted the superiority of that particular brewing until the beer was all drawn from the vat, when, to their astonishment and hor ror, tney found, tne remains oi poor btout. no had fallen into the vat of hot beer and been siald ed to death. The citizens of London had drunk him up, with the exception of the parts not solu ble in water ; nothing was left of him but his hair, toe and finger nails and the bones. This circum stance gave the name to that paricular kind of li quor known as "Brown Stout," Iwhich has estab lished for itself a world-wide celebrity, and is sold in: all parts of the civilized world at fabulous prices. Law in Texas. The Houston Telegraph, of tho 18th ultimo, says that a negro and a white at that place had a difficulty about some rent. A dispute followed, and in the course of it O'Reilly, in tlio heat of passion, threatened to kill the negro, al though he says he had no such intent, lhe case was heard, and in the course of the trial the de fendant disputed some of the evidence given by the negro, and was informed by Captain Porte r that the word of a negro was as good as his own. O'Reilly was ordered to give bond in the sum of five hundred dollars to keep the peace towards freedmen for twelve months. O'Reilly then asked Captain Porter's permission to ask him a question. uch he granted, and he asked him if ho "in tended,; to remain in this country," and for so do ing was fined fifty dollars, and the sergeant on duty was ordered not to let him go until paid. These are the facts as given to us by reliable per sons, and we publish them without comment. The Emneror Nanoleon. in his speech to tho French Legislature on the 22d, said: "Arrange- mentsare being made to witiidrawthe r rencn troops from Mexico, and it is hoped that this will pacify the people of the United States, who were invited to join the expedition, but declined, although such expeditions are not opposed to their interests." The remainder of the speech refers purely to home matters. Simple Remed? eob Toothache. It is said that roasted onion bound upon the wrist just over the pulse, will stop the most inveterate tocthache in a few minutes. It will cost nothing to test it. Health Precaution. The health officer of Brooklyn. New York, has secured the voluntary services of forty eminent physicians, who will in spect every house, street and alley in the citj, in order to a thorough cleansing agaist the chol-
Wilmington Journal [1844-1895] (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Feb. 15, 1866, edition 1
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