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7 ," . - - . j; -, .. : .A . ....... , fv w THE WILMINGTON JOURNAL. Elf GEUIARD & PRICE, Proprietor!, To whom aU Letters on Business must le addressed. TERMS OP ADVERTISING. ' A 1 square, of 10 linos or logs, for each andovery insertion, $1. Special Notices will bo charged 12 00 per square for each and every insertion. All Obituaries and private publication of every charao tar, are charged as advertisements. jKSNo advertisement, reflecting upon private character, can, under ani circumstances, bo admitted. ' Term of Subscription Weekly raper, one year, in fdwace, 5 w Do. Six months, m ftO DaUy Taper, one year, in advance, fl JJJ it 4C three months, in advance, . . . one month, 3 00 1 00 VOL. 22. WILMINGTON, K C, THURSDAY MORNING, SEPTEMBER 20, 1866. NO. 33. ni. commissioners appointed by the L-iItare of Sontl1 Carolina to Sell the State IVorbs. EXTENSIVE SALE OF MACHINERY, MATERIALS, TOOLS, &c AT PUBLIC AUCTION, AT THE STATE MILITARY WORKS, GREENVILLE, S. C, beginning ON WEDNESDAY, 17th OCTOBEB, I860 ; COSSISTTSQ OF mVO Steam Engines, one 35 and one 40- Horse Power, Engine Lathes, stilling Machines, Vises, Hand Lathes, Wood-Turning Lathes, Drilling Machines, Punching Machines, Anvils, Grindstones, Trip Hammers and Forges, Steam Hammer, Smiths' Tongs, Smiths' Hammers, Shafting, .Sciew-Cutting Machines, Wire-Drawing M achines, Morticing Machines, Bi Hows, Machin3-I31owcrs, Portable Benches, All descriptions of Gun Machinery, Wood and Iron Planing Machines, Circular Saws, leather Belting, Rubber Belting, Flasks, Patterns, Drills, Punches, Wrenches, Several hundred gross Iron and Brass Wood Screws, Three hundred dozen Files and Hasps, Twcntv-live hundred pounds Cast and Spring Steel, Fourteen thousand pounds Swedes and American Iron, Sheet llubber, Five hundred cords Pine Wood, Coke, Brass and Iron Trimmings and Filings, Fifty-six pair Window Sashes, Corn Mills, Hand Screws, Wagon Wheels, Piaucs, Augers, Braces and Bits, Stoves and Pipes, Fire Brick, And numberless other articles. All these are in large numbers and quantities, and constitute a stock of Machinery, &c, such as i seldom offered. A Catalogue of sixteen pages has been printed, containing a general description of the Stock, which may be had on application by mail to the Secretary. Terms'Cash, or a note at sixty days, with ap proved security, bearing interest, at option of the purchaser. For further information, apply to 0. J. ELFOltD, Secretary to Commissioners of State Works, Greenville, South Carolina. Sept. 13 :2 5t Medical Lectures Boi;eson County, N. C, Sept. 8, 1SGG. OV the 1st Monday in November, 1S6G, I expect to commenco the delivery of a series of Lectures on the different branches included in a thorough course, and will endeavor to transmit the fruits of an extensive experience to the pupils. I :ilso expect to open a Hospital for their benefit ; :ilso to apply to tho next General Assembly for a Charter to elevate tho standard of the Degrees which I expect to confer when thoroughly pre pared. I intend also to demonstrate in the Dis secting Boom. Session will close tho last Friday in February, 1807. Lectures will be delivered in my Office until a more suitable building can be completed, which will be done as soon as possible. For further reference, address the subscriber at Bandailsville, Bobeson countv. HECTOii McLEAN, M. D. Sept. 13 32 8fc North Carolina, DurLIN COUNTY. Court of Pleas and Quarter Sessioyis, July Term, 18GG. Jacob James, Adm'r, r.s. Heirs at law of Jacob James Petition to sell real estate for assets. XT APPEARING to the satisfaction of tho Court 1 that Bichard Swinson and wife, Ann, two of the defendants in this cause, reside beyond the limits of this State ; ordered, that advertisement be made for six weeks successively at the Court house door, and three other public places in Dup lin county, and in tho Wilmington Weekly Jour nal, notifying said tlefondants of the filing of this petition, and that unless they appear at tho next term of this Court and answer the petition, the t:ame will be taken pro confesso and read ex parte as to them. Witne ss, V. B. Bell, Clerk of said Court. WALTER R. BELL, Clerk. Sept. G fpr. adv. $15 Sl-wGc S. 1). WALLACE. J. B. SOUTHERIJVNP. WALLACE & SOIITHERLAND, 71 ENEBAL COMMISSION MERCHANTS, VJT OFFICE NO. 57 NOUTH WATER STREET, Wharves S; Warelioiises foot of "Walnut St., WILMINGTON, N. C. S" Will give prompt personal attention to all consignments of Naval Stores, Cotton, Spririts Tur-pentii-e, Rosin, Tar, lTo'sions, &c, Ac!, either for Kale or shipment. Alat . to forwarding Merchan dize, itc. Feb 8. w-l-tf ALEXANDER SPRUNT, COMMISSION MEItC HJA IS T , Wilmington, N. C. April 19. 12 Cm s. T.--1SG0--X. 1 El '.SONS OF SEDENTARY HABITS TROU bled with weakness, lassitude, palpitation of the heart, lack of appetite, distress after eating, topid liver, constipation, Ac, deserve to suffer if they will not try the celebrated PLANTATION BITTERS, which are now recommended by the highest medi cal authorities' and warranted to produce an iti iiH ilititt' beneficial effect. They are exceedingly agreeable, perfectly pure, and must supercede all other tonics where a healthy, gentle stimulant is required. They purify, strengthen and invigorate. J. hey create a healthy appetite I hey are an autidoto to change of water and Uiet. They overcome hours. effects of dissipation and late They strengthen the system and enliven the mind. They prevent miasmatic and intermittent fever. They purify the breath and acidity of the stom ach. They cure Dyspepsia and Constipation. They cure Diarrluea aud Cholera Morbus. They cure Liver Complaint and Nervous Head ache. They make tho weak strong, tho languid bril liant, and are exhausted nature's great restorer. They are composed of tho celebrated Calisaya bark, wmtergreen, sassafras, roots and herbs, all preserved m perfectly pure St. Croix rum. For particulars see circulars and testimonials around each bottle. Beware of impostors. Examine every bottle. See that it has an unmutilated metal cap over tho top of each bottle, and green label for exportation, around each neck. See descriptive circular around each bottle. P. II. IHtAKE & CO., New York. April 19 12-ly Real Estate for Sale. npiIAT FINE BUILDING LOTS ON THE L corner of Third and Red Cross streets, ;!s with a small new house with four rooms on JuLX aie Lot, front on Third street 132 feet ; on Bed Cross street about 112 feet. It is the finest loca tion for a residence in tho city. For terms, apply to S. M. WEST. Auctioneer and Real Estate Broker. Aug. 23. 29 tf. DENNETT, YANPELT & CO., 23 WHITEHALL, STREET. NEW YORK. SHIPMENTS OF COTTON, NAVAL STORES, J Provisions, Ac, will be forwarded to us by .'less. Wallace A Southerland, of Wilmington, who will pay revenue tax and other charges. All R"ds covered bv insurance, with or without "'I vices. JiVb. 15 2-tf fTUTEsmu ....... Notice. L isr.f Tu naving, at tno August term, Blount, deceai ftrl 1 , i . i ing claims aainJt y fu P??s?n8 MYZ to present, tliv thenticatod T me. .undersigned, duly . . XJI au- ii . rii r tune nrescriDed by law, tl.H; ' ,tis mK be pleaded in bar of estate are v-"",ll all rrnr. all persona indebted to said uuuersigned. uuwstea w make payment to the Wilminfrtm, v n BS S0DTHERLAND, Ex'r. fiions for 11 J .rieiMj suu vuILCi ob ecutor of t) ,011nty of Sampson, qualified as ex I isa I I Ilk A. m I kl . ,1 Jin am Wn iaat will anrt tf8tampnt or JVI. IJ STATE NEWS. Nominations in Craven County. Judge M. E. Manly was nominated for the Sen ate, and A. C. Latham and S. W. Chad wick for the House of Commons at a coun ty convention held in Newbern on Tues day. Judge Manly and Mr. Latham, being present, accepted the nominations. Craven CorxTY Agpjctxtukal, Society. At the close of the County Convention, a meeting was called to reorganize the Cra ven County Agricultural Society. On motion, Col. S. S. Biddle was called to the chair, CoL H. T. Guion was elect ed Vice-President, and Win. II. Oliver, Esq., Secretary. On motion, of Mr. Oliver it was resolved to re-organize the Craven County Society, and that its name be changed to that of the Craven County Agricultural and Wine Growing Association. On motion, Wm. 33. Wasdworth, Esq., was elected President of the Society, and F. P. Latham, Colonel II. T. Guion, raid Colonel S. S. Biddle, Vice Presidents, and Samuel Whitehurst and Wm. II. Oliver, Secretaries, and T. J. Mitchell, Treasurer. On motion, tho meeting ajourned till the Tuesday evening of next Superior Court, October 23d. The CapitoIi. It makes one prouder than ever of our magnificent State Capitol to view the numerous improvements that have been effected in its interior appearance of late. The painting of the walls and var nishing of the desks, the introduction of gas, and, lndcea, the general orusumg up, have worked a great change for the better. The Grounds, also, are kept scrupulously neat and clean which, is the more wonder ful, considering the number of persons that pass though them daily. Sentinel. Western N. C. 11. It. The new Board on . mis road lias very wisely reduced tno rates of freight one-third, which corres ponds with a similar reduction in the sala- raies of ofheers. lhe Statesville American says : " The road henceforth may be expected to enter upon a prosperous course as Col. Tate, the new President, is one of the most energetic and thorough railroad men we know, and his name will inspire a confi dence in the public mind which, the past year, had become mucn weakened m tne management of the ltoad. Hon. John Baxter, formerly of this State, is canvassing L.ast Tennessee m benaii oi the President's policy. He is making tel ling and effective speeches, as he is so well capable of doing. A Moral Town. As a proof of the ex treme morality of Weldon, wo will state that there are only eight drinking saloons in the city which are doing a paying busi ness. In Norfolk or Petersburg either, there are fully twice as many. Weldon Slate. Body Found. Some children w7:o had gone on a fishing frolic, accidently discov ered the body of a white man, floating on the water in a marl hole, on a plantation seven miles from this town, in tlio direction of Snow Hill. The body was taken out, but had been dead so long that we under stand it was impossible to recognize it. It is believed tho man was murdered and then thrown into this hole, as a place of conceal ment. Golds. Aeics. Mrs. Boyden. The Saliabury Banner of the 8th, regrets to learn, that Mrs. Boyden, wife of Hon. N. Boyden, wTas on yesterday evening, severely bitten by a dog. She was on a visit to a sick relative, Mr. J. M. Coffin, when she was attacked and bitten in the arm. Raleigh Matters. The Raleigh Index, of yesterday, says : Mr. B. W. Starke suc ceeds Mr. J. E. O'Bryan, as telegraph ope rator in this city. Mr. Starke was operator here, under the Confederacy, and was succeeded by Mr. O'Bryan upon the surrender of the South ern forces. His reinstatement will be grat ifying to his many friends and acquain tances in the city and business community. Boys Read This. In the Library at the Capital of this State may be found a copv of the Revised Code of Alabama, compiled by Hon. Turner Reavis, under appointment of Gov. Moore of that State, in 1SG0. Judge Reavis had been on the Bench of the Circuit Court of that State for ten years. Some of tho older citizens of Raleigh will remember this jsamo Turner Reavis as a 1 shop boy in the bakery and candy store of old Mr. Bacchardi, who did business in the city within the recollection of many of the present inhabitants. The Turner Reavis of the Bacchardi candy and cake shop in Ral eigh, and the Hon. Turner Reavis, Judge of tho Circuit Courts, and Compiler of the Revised Code of Alabama, are one and the TT-W It' 141 t same person. lie raised nimseii by nis own unaided efforts, from the bakery to the Bench. Boys, many of you can do the same or at least as well, if you will pursue tho same industrious course that lie did. lialeifh Index. Tiie Short CEors. We hear complaints from various quarters of the shortness of the corn crop. In some localities not more than a fourth of a crop will be made. This is said especially to be the case in a large portion of South Carolina. The last Charlotte Democrat says : "From Lincoln and Gaston counties we hear cheering reports about the crops. A few localities in those counties have suffered a little from drouth, but generally the pros pect is fair. . The late rains in this section have done much good. But we are sorry to hear of poor prospects in Union county. The whole of that coun ty appears to have suffered from drouth. The proceedings of a meeting of the Magis trates of the county will be found in our columns to-day. Let us all resolve to help each other in these times as much us possible. Let those who have corn to spare be particular not to sell it to extortioners, but to those who ac tually need it." From the Western Democrat. At a meeting of the Justices of Union county, on Saturday tho 1st September, 18G6, called for the purpose of considering the condition of the jjeople and of devis ing some mode for the relief of the desti tute, it was 1. Resolved, That the almost entire failure of the crops in consequence of the protracted drouth, following o soon alter the severe scourging suf fered bv this county from the innich through it of large portions of both annio.. j n her t the gloomy profcpect of gieat buHeiii.g, ii not starvation, to many of our citizens. 2. That the most fortunate of our people will find the strictest economy necer sary to enable them to pass safely through the trying ordeal before them, and that they will be unable to do much, it anything, for the more needy. 3. That a copy of these resolutions be sent to tho Governor of the State, respectfully requesting him to take such measures as he may think best calculated to prevent, or at least to mitigate, the sad condition of things herein contemplated. 4. That the Democrat, Xeirs. Sentinel and Wadesboro' Argus, be requested to publish the above proceedings. . Li. W1.U A, Chairman County Court. J, E. I&sy, lerk. - "Brethren dwelling in Harmony." Col, Clinton A. Cilley, of New Jersey, late Adjt. General of this Department, who was mustered out of service a few days ago, has formed a law Copartnarship, with Col. Go. N. Folk, late of the Confederate States Army, and will locate at Lenoir in Caldwell County. Col. Cilley was for a time in charge of the Freedman's Bureau in this State, and discharged his delicate duties in such a manner as to give entire satisfaction, we believe, to all concerned. Personal. Col. John Haywood Manly and family, arrived in the city from Texas, on yesterday afternoon. Col. Manly com manded a coast-guard battery, on Galves ton Island during the late war, and was a member of the Legislature of Texas sever al terms, from Harris county. His friends will be glad to hear of his arrival, and that he is appearantly in tho enjoyment of good health. Raleigh Index. Collision on the N. C. Railroad. At about half past four o'clock yesterday morning, a collision took place between the Freight train, bound East, and the Gravel train on the N. C. R. R., near Harrisburg, killing three men and severelv woundinsr three more. Two of the killed were white men and the other a freedman ; one of the former lived near Salisbury, but his name we could not learn ; the other, an Irishman named Cooly. We could ascertain nothing in re gard to the freedman. Mr. Lewis, engineer of tho Gravel train, had his lee: taken off above tho knee, and is otherwise severely hurt. Tho fireman was badly scalded, and another employee, name not known, badly injured. T-T " "I .1 1 1 -I we understand mat uooly s hody was robbed of about $200, and parties are now on the track of the thief. It is hoped that the scoundrel who would rob the dead, will be caught and promptly punished. The Freight was somewhat behind time and the Conductor of the Gravel train thought it had passed and went out to work, and in the darkness collided with tho results above stated. Gharlutti Times. The State Land Script. The Raleigh Index says : We learn on good authority, that the State Treasurer, with the advice and concurrence of the Governor, has con cluded to withhold from market the land- script for two hundred and seventy thou sand acres of public lands granted by Con gress to this State for the purpose of found ing an Agricultural College. Tho reason for this course is the present low price of script, sixty cents per acre being the high est market value, (forty cents in gold,) and the difficulty of making a sure and profita ble investment of the funds, in the present disturbed and vascillating state of almost all sorts of securities. Successor to Brevet Brio. Gen. Camp rell. Brevet Maj. Daniel T. Wells, lately on duty at Morganton, has been designa ted as the successor of Brevet Brig. Gen. Campbell, and entered upon his duties as Assistant Adjutant General at the headquar ters of Gen. Robinson, the commandant of the district of North Carolina. - llaleiyh Progress. Northampton County. Mr. R. H. Gar ner, for the Senate, and Mr. J. W. Newsom and Capt. E. A. Martin for the Commons, were nominated recently in Northampton Countv. Messrs. Garner and Newsom were members of the last Legislature. In the Field. C. L. Cobb, a merchaut of Elizabeth City, is a candidate for the House of Commons from Rasquotank. The gentleman who furnishes this informa tion, speaks of Mr. C. as a youug man of great promise. The Ladies' Sewing Society of Raleigh is an auxiliary to the Memorial Association. The following are its officers : President. Mrs. H. S. Smith. Secretary aud Treasurer. Miss Annie Devereux. Directresses. Mrs. J. M. Atkinson, Mrs. T. H. Selby, Mrs. P. F. Pescud, Miss De vereux, Miss Annie Lawrence, and Miss Julia Hutchings. Some vacancies to be filled. Meetings are held every Wednesday morning at the Supremo Court Room in the Capitcl. The Ladies of tho Society are now en gaged on a praise-worthv scheme, which will be announced in due time, in further ance of the patriotic objects of the Memo rial Association. It may truly bo said of our fair country-women that they never tire in a good and pious work. Sentinel. The Old Guion Hotel. We are pleased to announce that this property, which has been used and considerably damaged by the Freedmen's Bureau for eighteen months, has at length been turned over to the proper owners the Trustees of the Baptist Female College. Sentinel. Anson Superior Court. The fall term of this Court began its session here on Monday, Judge Gilliam presiding. We cannot this week give any of its proceed ings, but shall do so next. The Court will probably hold until Friday afternoon. The State docket is unusually heavy. We understand the Judge is in quite fee ble health. Ho was more to last week than this, and in consequence many cases before Stanly Superior Court, where the Judge presided, had to be continued, among them the case of a negro charged with rape or an attempt at rape upon a respectable young unmarried white lady of that county. Wadesboro' Arym. Outrage by a Negro. We learn th tt a most atrocious outrage was committed in this city, last evening, by a negro man, whose name we have not yet been able to learn. It seems that this fellow went to the residence of Mr. Hughes, a worthy citizen residing in the Western Ward, for the pur pose of getting the family clothing, for the week's washing, which his wife was hired to do. On being told to go to the back door to get it, the insolent scoundrel took umbrage at the affront, and not only abused Mr. Hughes' wife violently, but actually struck her several blows, and then ran off. Mr. H. was absent at the time. If the ras cal should be caught, he should be summa rily and severely punished. Sentinel. Che raw and Coalfields Railroad. Maj. B. D. Townsend, President of the above named road, paid our town a visit on Tuesday, with the view of meeting the citizens of the county and presenting to them the claims of the road for their sup port. He had hoped to do so by a speech at the Court House during the noon recess of the Court of that day, but finding the room already engaged to the citizens for the Ratification meeting, he concluded to post pone his address until Tuesday of October Court, when lie would like to meet our ci tizens, especially those residing along the immediate route of the projected road, and consult with them. Argus. Committed.- A negro by the name of Jefferson Miller, charged with having set fire to the house of Maj. Turner, of Salis bury, on the 26th nit, has been committed to jail in that town, to await his trial at the next term of Rowan Superior Court The evidence against him is circumstantial and very strong, ; ; ' SOUTH CAROLINA. Message of Governor Orr. I have convened the General Assembly in extraordinary session for the purpose of re commending such modifications of existing laws in reference to persons of eolor as will entitle the tribunals of this State to exer cise jurisdiction over them in all cases; such a reorganization of those tribunals as may be best adapted to this end, such enact ments as will effect greater certainty as well as economy in the punishment of crime amongst all classes, and, lastly, such meas ures of relief, as in my judgment are neces sary in view of the present condition of the people. It is a striking anomaly that more than one-half of all the inhabitants of the State are not amenable to trial before State tri bunals, and are exempt from all liability to punishment under State laws. In a major ity of the districts neither provost nor f reed men's courts are in existence, and persons of color perpetrate crimes with impunity. Some of their gravest offences against socie ty are tried before military commissions, but the long delay in bringing the criminal to justice, the necessity oftentimes of re moving him to a remote place where a com mission is organized for trial, the difficulty of securing the attendance of witnesses, and the expense devolved upon the prose cutor, conspire to render such tribuals wholly inefficient in punishing the guilty ordeterringothersfromperpetratingcrimes. Where provost courts are organized, the punishments imposed on freedmen for crime are not in conformity to our laws, and are much lighter than punishments imposed by State courts upon white men for the same offences. The iaws of every well regulated State should operate equally upon all the inhabitants, and if a white man is punishable by death for arson or burglary, there is no justice or propriety in permitting a freedman to escape for a like offeuce with a fine or short imprisonment. When our laws are so modified that all per sons may be tried before the same tribunal, and upon conviction subjected to the same punishment, for the same elass of offences, all reason for the interference of federal authority with the administration of jus tice will have ceased, and no impediment will exist to the jurisdiction of the State courts over all cases, civil and criminal. In the seric'i of acts passed in December last, known as the code, there are various discriminations against freedmen which should be repealed, and civil rights and li abilities, sis to crime, should be accorded to all inhabitants alike. Tho last section of the "Act to establish District Courts " irovides that " the judges elected under this act shall not be commis sioned until the Governor shall be satisfied that they will be permitted to exercise the jurisdiction committed to them." The judges have not been commissioned, having satisfied myself that they would not be permitted by the military authorities to exercise jurisdiction over persons of color, which was the inain. purpose in establishing the court. The District Court may, how ever, be made invaluable by increasing its jurisdiction in civil, and restricting it in criminal cases to offences punishable with less than death, thereby relieving the Su perior Courts of mauy cases which retard the despatch of more important business. I therefore recommend that the sittings of the court be quarterly, or oftener, if ne cessary that all misdemeanors and felon ies now punishable by fine, imprisonment, or whipping, by whomsoever committed, be tried in that court ; that all felonies xunish able by death, including the different de grees of homicide, be tried by the Court of General Sessions ; that the offices of a grand jury may be dispensed with in the District Court, anil the defendants tried on indict ment without presentment or true bill ; that, with the consent of the parties, in ci vil cases, or cf the defendant in criminal cases, the presiding judge may near and determmo any civnse or indictment without the intervention of a petit jury ; that the petit jury shall consist of twelve and the venire of eighteen ; that in case of the ac quittal of the defendant the judge be au thorized to certify, if, in his opinion, the facts justify it, that the prosecution was fr ivolous and groundless, and when such cer tificate is given that the prosecutor be lia ble for all costs incurred ; that no other se curity to prosecute be required by a mag istrate from a complainant than his own re cognizance ; that the jurisdiction of the court in civil cases be extended to 200; and that the same be paid for their services by a fee tax in eac h case they may try. By the thirtieth section of the "Act to establish District Courts " it is provided I "that in every case civil and criminal in which a person of color is a party, or which effects the person or property of a person of color, persons oi color shall be competent witnesses. The accused in such a criminal case, and the parties in every such civil case, may be w itnesses, and so may every other person who is a competent witness," etc. The first paragraph of the section admit ting persons of color to testify in all cases where themselves or their race are directly interested, and excluding them by implica tion in all cases where they are not inter ested, cannot be reconciled with sound pol icy or just discrimination. They are ad mitted in that class of cases where their in terest, sympathy, association, and feelings would be most likely to pervert their con sciences and invite to false swearing, and are excluded from testifying in all cases where no motive could exist to swear false ly except that of a depraved heart. The distinction is illogical and indefensible, and it cannot be denied that it has its founda tion in a prejudice against the caste of the uegro. If the rules of evidence in all courts were so modified as to make all per sons and parties competent witnesses in their own and ajl other cases, no possible danger could result from it. Many of the States of the Union, and several of the civ ilized countries of the Old World have tried the experiment and the result proves that the cause of truth and justice has been thereby promoted. The object of every judicial investigation is to ascertain the truth, and when found to dispense justice in conformity thereto. With intelligent judges and discriminating juries, correct conclusions will be more cer tainly attained by hearing every fact, what ever may be the character or color of the witness. In the second paragraph of the section already quoted the General Assembly ha reached the same conclusion ; for in all cases where persons oi color are allowed to testify, all persons, including parties, are declared competent witnesses. Would it not be eminently wise to adopt the same rule in all courts, and extend it to all . per sons V Iu civil cases the testimony of persons of color is oftentimes requisite to elucidate the facts and secure a just decision. ' They constitute a majority of the entire popula tion of the State, and of necessity, sole witnesses of contracts and transactions be tween white persons. Shall the parties in such cases be denied justice by excluding the only evidence to secure it because of an apprehension unreliable ? . Would it not be more in accordance with an established rule to receive the evidence and weigh its value ? In the law of evidence the charac ter and standing of a witness goes to affect the credibility and not his competency. Why not in the case of the person of color follow this rule to its logical conclusion ? In criminal cases these considerations weigh with peculiar force. The negro is readily deceived and corrupted, and be comes an easy prey to the machinations of depraved white men, and past experience teaches that he is employed to execute the most dishonest purposes, and with impu nity to the principal, because of his exclu sion as a witness from the courts of justice. The shrewd and cunning continue to put the negro forward in the commission of crime, and they go unwhipt of justice be cause the law forbids that the testimony of the negroe shall be heard. Does not the exclusion of persons of color make them in valuable accessories to the perpetration of crime ? How can society be protected against that large class of infamous crimes now so prevalent in this State unless, by making the negro a competent witness, we avail ourselves of all accessible evidence to convict the offenders ; and will the law of the State continue to offer a reward to the dishonest to further attempt and corrupt the negro ? The well-being of the State materially depends upon the elevation of this class of our iopulation, and if there was no other argument in behalf of their admissability to the courts, the tendency of such a measure to elevate their moral and intellectual character would be sufficient. The dishonest may object to the exten sion of this right to all cases, because itre- uuces me neiu xor ms neianous operations, but if lhe good and virtuous are protected society is amply compensated for the change. Men of probity and integrity have no rea son to apprehend any evil consequences from the change. The discrimination of intelligent judges and juries will be a shield against unjust charges, supported by false swearing, and the same intelligence will bring tho really guilty to condign punishment. The groat increase of crime among the freedmen. and the inadequate punishment inflicted by the existing tribunals makes it a high and important duty devolved on you to so modify existing legislature as will se cure a transfer of jurisdiction to the State courts. If the suggestions I have made do not meet the approval of your judgment, I will cordially co-operate with you in attain ing the end in any way which your superi or wisdom may indicate. The prevalence of crime among the whites, as well as blacks, in every par of the State, admonish us that the criminal code is defective, and that the xmnishments imposed by it are inadequate to deter of fenders. Tho penalties atktehing to crime are fine, imprisonment, whipping, and death. The death penalty is imposed on conviction for murder, arson, burglary, and other crimes, but the repugnance of juries to convict and impose that fearful penalty, except for murder and two or three other enormous crimes against society, often en ables the guilty to escape under the most triffling pretext, and even when persons are convicted in such cases, the verdict is usually accompanied by recommendation to Executive clemency. After recommending tho establishment of a penitentiary, the more rigid enforce ment of the vagrancy law, the passing of some measures for the relief of debtors in consequence of the setting aside of the Stay law (which action of the Supreme Court by the way, the Governor approves,) I the adoption of a plan for meeting the dis tress which will be occasioned by the fail ure of the provision crops, and the susjoen sion of the Capitation tax upon freedmen, the Governor concludes : The work of reorganization and recon struction is progressing slowly but steadily Our Senators and Representatives have not been admitted to seats in the federal Con gress, and we have received no relaxation from onerous taxation notwithstanding we have been denied representation. It is be lieved, however, that our fellow-citizens in the North and West will not much longer permit this flagrant injustice to be contin ued. The State government is entirely re organized. The law courts held their re gular sessions in the spring, and despatch ed much business which has been accumu lating for years, and very generally cleared the criminal dockets. The courts oi chan eery have also been regularly held in all the full operation, and private rights and pub lic wrongs can be enforced and punished. However much all may deplore that the progress of the State has been retarded, and its prosperity paralyzed by loss of fortune and credit, and by short crops, the wise and manly course for our people is to re double their energy, banish unavailing re grets, meet adversity with a stout heart and brave hands, and through the approving smiles of gracious heaven, our venerable mother will again be prosperous, and her children contended and happy. THE NATIONAL CANVASS. What Congress will be Retired to do If the Itadif.q.1 Iletain. Control of it. Hon. Thaddeus Stevens made a speech on the 4th of September to his constituents in Bedford, Penn. , Irom which we make the following extract : " In criticising Congress I will try to be impartial. I will not ask you to bestow un mingled praise. I feel that we omitted some important things which we ought to have done, and for which omission we de serve the censure of the people. While it was impossible, obstructed as we were by the President and Copperheads, to rnake this a Republic of " liberty and equality," we m.ight have approached it more nearly than we did. We might have treated the rebels States as what they are, in fact, con quered provinces, and through enabling acts, tee could have JLved the qualifications of voters so that every loyal man could participate in the formation of their organic law. We should thus, with entire certainty, have secured the Covernment to loyal Union men, have formed in every one of those States Con stitutions giving equal privilege to all, and which would have curbed the rising spirit of rebellion which is now rampant in every one of those States. For, 1 assure you, from irrefutable evidence, that traitors are now triumphant in every Confederate State. No Republican doubts the power of Congress to do -ir hat I have stated. No sound constitu tional lairyer believes any one of the organiza tions no in existing in those Stutcs to be legiti mate gore-ruments. Formed by the decrees of a military conquerer without consulting the people, they can be tolerated only as temporary arrangements, an til the law-making power provides them , permanent laws and forms of government. They are so considered by the rebels themselves. Not a rebel State has this day a lawful Gov ernment. Thev are mere lemlories conquer-1 edby our arms from the Confederate Slatei r of America. ."-Why, then, did not Congress give them either Territorial Governments tion'of the parties, without regard to their or enabling acts so that they could form ."j relative condition before the war. The ran State Governments,' and come into the Un- quished Jutve no'righis except wfiajl tta con ion with Constitutions securing equal and impartial rights to every human being with in their limits ? .Early in tho session I in troduced a bill to give them enabling acts on the true principle of republican govern ment. It met with but little countenance. The republican mind had not examined, and was not ready to accept so radical a proposition. And so the session was spent in inaction. You may find my proposition, together with the reasons for it, in the last number of the Globe ; I wish it might be copied into your excellent paper ao that you may judge of it. I trust you can inform us of its propriety. I shall renew it at the next session. In my opinion, Congress was derelict in another particular. I have always held that while but few of the belligerents should suffer the extreme penalty of the law, yet that a sufficient fund shoidd be levied out of their property to pay the expenses and dama ges of tlie tear. Congress in July, 18G2, de clared all their property forfeited, and di rected the President to seize- it for the benefit of the United States ; more than ten billions of property thus become vested in the United States. Proceedings against more than two billions of property, inclu ding the abandoned estates, had been insti tuted and were in progress. The President has restored to the traitors nearly the whole of it. Thus has he illegally given away half enough to pay tho national debt. He has enriched traitors at the expense of loy al men. And yet Congress, bold as it was, had not the courage to reverse these pro ceedings and compel the Executive to do his duty. trust that our constituents will give us more courage, so that at the next ses sion we may compel the President to do his duty and execute the laics. Those are omis sions which I frankly confess and sincerely deplore. But our growing pin was the omis sion to give homesteads and lhe riqht of sit f- frage in the rebel States to the freedmen icho hadfoiighlour battles. We have left them the victims of the rebels who every day shoot them down iu cold blood. At Mem phis, forty-eight were murdered under the direction of the municipal authorities, and not a man prosecuted. Behold the awful siaugmer oi wnno men and blaclc ol a Convention of highly respectable men. peaceably assembled in Convention at New Orle ans, which Gen. Sheridan pronounces more horrible than the massacre of Fort Pillow. Even tho clergyman who opened the proceedings with prayer was cruelly murdered. All this was done under the sanction of Johnson and his office-holders. It is the legitimate consequence of his "policy." I admit Congress became demigogical in the last hot days, when all manhood was melted out of everybody. They did some tilings to seduce the enians into our ranks The measures were right and so I voted for them. I will speak plainly on this sub ject. The most effective argument (if argument it can be called) which will be issued by our oxponents is the effort made by the Republicans to give equal rights to every human being, even to the African. We shall hear rexieated, ten thousand times, the cry, "Negro Equality!" The Radicals would thrust the negro into your xiarlors, your uedrooms, and the bosoms of your wives and daughters. They would even make your reluctant daughters marry black men. And then they will send up the grand chorus from every foul throat, nigger," " nigger," " nigger ! " "Down with the nigger party, we are for the white man s party. 'lheso unanswerable argu ments will ring in every low bar-room, and be printed in every blackguard sheet throughout a land whose fundamental max im is "All men are created equal." The chief promoters of this skmg consist of two or three dmerent classes. The unprinci pled brawling demagogue, possessed of some cunning but no conscience. Among those who have an unequal mixture of rogue and dupe, are the low, ignorant, il literate natives, as well as foreigners, who dwell about the purlieus of our towns and cities, and five by pilfering and " odd jobs. The Protestant will listen to a devout ser mon from the text " Of one blood made he all the nations of the earth," and go forth to the next political meetincr to shout "down with the negro!" The Catholic will listen annually to the reading from the altar of the Pope's Bull denouncing Slavery, and go forth to support the Slave ry .farty, and shout "Down with the ne gro." What a shame that th countrymen of the Declaration of Independence ; what a shame that the countrymen of the immortal O'Con nell should ever cast a vote on the side of human bondage ! The present crisis is exhibiting men in America in an extraordinary light. In other nations, when the King and the Court become debauched and corrupt, the mass of the people become demoralized. But the xeopjle of America, high and low, from the centre to the circumference, re main untouched, notwithstanding the foul corruption and debauchery which disgrace the centre. JNotwithsxandiner all the blan dishments of jxiwer and patronage ; not withstanding the tender of fat offices, not a single genuine Republican has been se duced from his allegiance to principle. Not one has consented to supersede one honest office-holder, and renounce his own faith as the T)rice. I know there are a few solders of fortune who hung upon the skirts oi tne party who have consented to take office under Cowan and company. But they were men who were never trusted by the party, or who for years past have be come so bankrupt in principles and fortune as to be ready to join any conspiracy that furnished, rations. They are the army of CaUline. Nor have I the least fear that any re spectable man will be found to take service in their ranks. I do not here speak of Copperheads. I eee no reason to prevent their accepting olhce without loss of honor. They would violate no principle. Thev would stab no friends. But I warn you to keep an eye on any professed Rexnblican who consents to fill an enforced vacancy. However he may. have stood before, there is villainy wrapt up in his composition. He is a model leper whom you slwuld not touch, lie should be socially ostracised as unfit for decent society. Let him flit ' about in the twilight, and hide his averted countenance from the light of day. The President and his squad fit does not deserve the came of party) contend that the war made no changes in the condition of our institutions, under the Constitution. lliat the rights and liabilities of all our former citizens, rebel as well as loyal, re main unchanged. This exhibits a most deplorable ignorance or culpable treachery. No great war between acknowledged bel ligerents ever left the condition and rights of tbe parties after the same as before, un less it were so stipulated by the treaty of peace. The war leaves them without com pacts, without rights, except the rights of war. w nen it is ended, new treaties are to be 'made ; or H one party submits, the con- queror prescribes th future relative condi queror grants. This is much more so when one of the belligerents was composed of re bels. You are aware that a Convention of traitors was lately held at Philadelphia. Most of them had actually borne arms against the United States, and helped murder half a million of our citizens. A few sympathi zers, from the North who ought to havo been South met with them. They extin guished the Democratic Party, and blotted its name from tho vocabulary of parties. No Democratic Party can henceforth ex ist. They laid down an elaborate party creed or platform of principles for this conglomera ted mass. Being traitors, they of courso adopted tho President's views. 1 Here is their fundamental article, to which all tho others conform. Mr. Raymond's ad dress says : "The" Constitution of tho United States is to-day precisely what it was beforo tho war, the supremo law of tho land, anything in tho Constitution or laws of any Stato to tho contrary notwithstanding. And to-day also as beforo the war all powers not con ferred by tho Constitution on tho General Government nor xrohibited by it to tho States are reserved by it to tho sevoral States or the jeoplo thereof. The United States acquired no new pow er, no rights either territorial or of civil au thority which it did not possess beforo tho war broke out." This strange, wild and wicked doctrino was unanimously adoxtcd by tho conclave. What ! Six millions of rebels who had re nounced tho Constitution ; who had loaded the nation with debt and drenched it with blood ; when conquered had forfeited no right ; had lost no jurisdiction or civil au thority ; and these conquerors had acquired none, because there was a Constitution which, while they obeyed, xirotectcd them, 1 mt which they had discarded and torn to Xicces by war ! Was thero ever beforo a human brain frenzied enough to engender such folly, or a human front brazen enough to utter it ? No princixlo in national law is clearer than that, when belligerents in augurate a war which is acknowledged to be a xmblic war, all the former obligations, treaties and compacts between the parties be come null and void; and after the war are to be renewed or repudiated, as the parties agtee, or as the conqueror decrees. If either party is utterly subdued, his life, liberty and pros perity are at the dispostd of the victor. Why does not tho Emxeror of Austria say to tho King of Prussia, "I lay down my arms, and all things will remain as beforo tho war. " Tho Prussian would answer, "You aro as big a fool as the President of America, or league." No, sir. Tho war everything old treaties and ceased. Vcnetia is no longer the traitors' has changed leagues have yours ; Hanover and the Duchies are mino ; and beside, you must pay the expenses of tho war 45,000,000. " Who denies that is the law of nations except tho advocates of treason; who deny our right to make them pay the expenses of the war ? They cry oxd against confiscation for crime, as if it were inhi-raan. God willing, I shall try it again, and see if they do not pay part of the cost and damages of the war before they help to mdke our laws. Tho Constitution un changed ! Then slavery exists ; then all the provisions with regard to tho rendition of fugitives from labor remain ; then every traitor has a right to sit down in Congress, as tho representative of three-fifths of all the slaves beside tho whites. Wo can easily forgive the amiable and facilo author of the declaration, as ho is no lawyer ; is totally ignorant of the law of nations or the laws of war ; but what shall wo say of those able jurists who sat by and acquiesced, unless we put it upon tho same ground that one of tho ablest and best of them did when he advised to take a false oath to get a vote and then to break it. But, fellow-citizens, I am occupying too much ground. As I said before, the great issue to be met at this election is the question of negro rights. I shall not deny, but admit, that a fundamental principle of the Repub lican creed is that every being possessing an immortal soul ii equal before the law. They are not and cannot be equal in strength hight, beauty, intellectual and moral cul ture, or social acquirements ; these aro ac cidents which must govern their condition according to circumstances. But in this Republic, tho same laws must and shall ax ply to every mortal, American, lrisliman, African, German or Turk. It is written by the finger of the Almighty law-giver, " Yo shall have one manner of laws, as well for the stranger as for one of your own coun try ; for I am the Lord your God." " DEO VINDICES." "Through God we conquer?" In as truo to day As when our bannered LoHts, in proud array, Met the Philistines hIcw them " hip an4 thigh." As Israel of old, with battle cry, " The Lord of Hosts" so went we out To meet them', with this battlo shout, lielying on the arm Eternal, And panoplied in might supernal. Faith in this. " In hoc signo vinces" gives Life to the dead the cause still lives, And burns with brighter, holier name In hearts whose deeds are consecrate to fame. The cross our oriilamme, in God our trust, . We'll bide our timo in hope conquer wo must. Truth is immortal it can never die ; Bo are the principles that underlie The hopes of liberty. Martyrs die, To vindicate this truth. Our land lias olfered up a holy marttr band. On Freedom's altar a holocaust. " Hope on, hope ever ;" all is never lost ; " For Freedom's battles once begun, Descend from bleeding sire to son." On the " Macaria" of our Southern hearth The oiFering's made. Though we unearth Our cherished dead, at their shrine We pour our heart's libations. This divine. This God-like love of libertv, is ours : ran oi our naiureH, it transcends the powers Of all earths potentates save God alone Nor tyrant's will can tear it from its throne. The cause still lives the name alone is lost-. For it we made a costly holocaust. From the burnt-offerings of our human hearter incense ascends to Heaven. The parts We've played upon tho plain of Time Has been recorded, and the line Is drawn by the Immutable The hand Divino, Inscrutable, Upholds the right. That Power gives To weakness strength. The cause etill lives. ' New Orleans, July 27, 1806. Vxouerr. Cement x)r the Tops of Bottles ok Jabs. Take equal parts of rosin and brick dust, pounded fine, and a lump of beeswax. Stew, them together, and keep in an old tin, melting it when you want to .seal your bottles or jars. A gentleman having asked how many dog days there were in a year, received for an answer, that it was impossible to number them, as every dog has his day. " A Hub and Cry. When an advertised dye turns your hair a bright green. . , DIED. At his residence, on the evening of 12th inst., of bilious fever, HliNBY MAllSHALL, in the 41st year of his age, a native of Milford, Massachu setts. At his residence in Kenansville, Duplin county, x n fi.A 14 tii inst.. Dr. 0. W. GRAHAM, u the, ifth year of
Wilmington Journal [1844-1895] (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 20, 1866, edition 1
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