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V the Wilmington journal. WILMINGTON, N. C. KHIUAT, JANUARY 23, 1S6 lU-slotim cf KfConatruclloM. Wo loutinuo to-day the publication of overrun Worth lccr to President Johnson. The Lu-torical interest of the iett-r will mb- "Tav t perusal. 2o r.u.. can read thii tuition without an -:,ieleascdudtiiialiou for the worthy man AVjio placed upon record this manly protest gainst the tyranny und wickedness of cor uiilitn-y rulers : K-xroiriivK Ornci: of . Haixioh, Pee. ol, J t lb- Superior Court of Law of Gran mo coital iu March, 1865, two negro ;aoa were convicted ol rape on the body r Sn.n J. DriUieh?. OliC ot the COUVictS, '.'n;;-.;. t: ,.-itttr. ws executed the other, i T iU'v U-a. w 7 ! sender -.or. Cooper, escaped, and.. ts .r..vvw,r Mr.k icfurro in Virginia, I am 1 i Us still i:. II fctaie in 'he 1 of tho rear IS'Jt". I ten the Sheriff ;f Granville, with ray rcqoiiUiou on tho Governor of Virginia, for tha landiliou of this fugitive hum jus Governor Pierpont gave the Sheriff warri-iit accordingly. When the Sheriff -. out to Virginia Lo found that the fugitivo v.;.-? in Washington City: vutieupon me ' -hrrifi hired a iaan, who knew the criminal j .-..ad Lis whereabouts in Yi'a ix Vj Wtvdiiugtoa City aud hunt him up .instico Waiter granted a v -Jiraut and a j oliceiwu'! : rrr- -t'"l him pd put mm m , and u th; CC'Ui J IC i.ad-.r tL'j varraiit of tha Governor A i Virgiui't v, ilhoul Li H.l U!' Il ul, bat thdl u lutii--i-il? ; but if I --ni l n' i Id Lo de- i iO Wi'a ill jti.it L-il the bheiiif could re j i let cd Cciutiiui thct.- VjL i : . n c t " coiijonted to eome vol- U'JUU 11 V 1 1 LUw i i ituiib !Lo criminal's wiL ould bs allowed to Lit hit: cccAsiciially in jaiJ. Tina tho sheiiii" premised and performed. Ho Trent i . .i - :- vr....Tic;;i, ir.f i vvittu-jshosi I wtatcd ior this purpose: 1 ,,t".,riiot;the Dis- i Williams to prove that tho " . .. ; prisoner, after conviction, voluntarily con- Cpon a rep-emulation ; c&jedIlii, ltat to him, (Williams) and that Luard tho Potomac boat 'neu in tii-j uranvmo ju.ii. iue out-ii-i tv.ice niiide this ttatement before a ilUitaic Board, but Generals LUckles and t'anb'w tsko care to leeite. ia their official . ntw. thnt "he was pursued and cap ir.tVl in Wa-hlil-ion, L. C, ou tha 25th 4lf OotoVer, 19(?, after lb" surrender of tho (-p!el i'oice-jaud 'h-.n process cflio.r.' Wbv tl'.'s reeihd &o carefully preserved :-td"icitevAtedid not j-crceived, unless with Uio n ix0'-b of shoving the rebellious und telb.iit spirit of tlvi Sheriff of Granville m" of tiie moil qsif.'j mtii in America), -.diL"-r hii'i to go to tho National Capital, :.nder the noso of Congrec and lavrlesply jrt arrest tivil bnr1 n citii'i!i of A f ri "I. ' Ol -CfT .f the cvn'h!" Term of 13G7, Judpo War picsitimtr, tho fcaenii v.ivs ordered to convict on tno via oi .April cn Oa ih'i let of April. 107, General .Mickie k-iued an order to Col. Pomford, i'ost Comio?iiL,.ev hi-.ro, reciting that ' tho rieoiter wa tiicd a .ad convicted by a ' 'our', not recouizsd bj tho United States; the :rior3r escaped ircm the custody i persons cnced iu armed rebellion .ijvaf .y United itjitos ; and ho was pur- -1 leearl'.'.red iu Washington, D. C, m the " , i-iiUv -;fi?t th" i the v., .nd uo:s - a of October, l -OG, alter the sur ' i.;r: rebel fci'Civii aud without due I l:v, end it h hereby ordered ciite-nV--.' riid 'dl tho proceedings and tliev ;iro hereby revoked i-.Mj mill ::ad void." lie further 'i-to conivnasdiug ol'licer of tho if Xorth Carolina to take Hender- fre lDian. in military enstodv, 'id investigate tho allegations against dm, und report what further action is in r.jq judgmont iice-3.'i.?rry and proper." fSeo opy annexed, marked D.) Jt is undciitooil f.r.d admitted that this .:?tt?n vas based npon. an parte prelimi- :.rv enquiry vxA. report mado hy Bvt. :;ri'. Oiui. B. Averv, Inspector of the ' Vf-cdtaan'cj 'J'nrou. Hornftir.-ie afterwards, I was furnished by r;?n. Sckl.?5 with the report of tho Court i.f In ptity orjanized by the commanding officer hero, (of whieh Court Gen. Avery vfa3 a member,) copy of which, marked i annesed. The report, dated tho22d i.t April, 1SG7, riioY,- that tho Board did i .t summon cr examine tho victim of the :hae, nor hr little daughter who wit Mrsicd it. both at their hemes in tha coun try, nor. Vi f ar a3 I can 1 earn by tho re port or otherwise, any other person who v.-as a vitnecs at the trial, nor the Solicitor who presented, nor cither of tho two eblo t.ryen who vrero arnigncd by tho Court .-ind who defended tho priconer, though r.s of thera lived on tha ground aud the ther not far ell'. It docs not appear that ny effort was is ad 9 to tumraon nny of ihoso pcrsoni:. The allegation that tno ae-jroea, wno Luow anything ol tho case, "evidently ! oaredthat personal violence would bo done them, shou'd they testify to anything dis ;eaia to thuir iermer maf.tors," and that " tho white aica who were examined gave ;Ucir tCotinsoay ia a guarded and cautious .uly to be told to tho raaiiac". Everybody ;;iow3 th.it under the present Government .f the military aivdl'icedmen't; Bureau, no dy has anything to fear who takes sides Ith a negro, er abuses the civil govern : .-ontcf the Ktale ! Tha rc'?o:'!: d3 a3 the " cpiuiou of iho charaCLor of tho prose- utrix ia bad. Whether this "opinion" was -undc-a oil my evidence, or oa what cvi- bufc from the fact hat no cvid.iics oi this character was ad- ecea eitiivx" ial before i ia tho civil court or on the ,o Court riartiai to which I f Lall presently refer, it is fair to infer that ; here was na such evidence beforo the Beard Cel. Bomfoid and Gen. Avery, r.aembora of tLia Board, being to mem bers U tho CVart Partial. But perhaps tho moit itmarLable fea -..uve ct thio report is that the Board deem t pdifinent to the inquiry submitted to '..eta, to tbxi-3 that at tho time the alleged eutrags v.a comniittcd, "the womaxi'a hu3- and was caga?ed ia dressing ttaves : ho thai time, in fact, in (he lebcl 1 raj, - : T rJ wiudu up with tha tiJ.se con- that a. ciime ha-ibi.cn committed, .Lough not. meriting so severe a :nai;y tLt ei ac-atu, euould eceure -:ao punishiaent.'' fjeo copy Ci my com ucula on this document addressed to Gen. hickke, marked F. Cp lo this time I know nothing as to tha f.iet3 proved oa tha trial. This report avaktned iny curiosity, and, learning that -dr. Hays, of Oxford, a gentleman alike distinguished for personal virtues and legal learning, cue of tho lawyer who de fended these negrot--, and ;bat Samuel A, ,lci ttol the trial about colluded, amnor, seeming to fear tut: luey might : .i coma ?.s.v rcliectrapon tho fairness of the etion cf t!.".'ir owa Courts," la a Ltery ill Williams, a pious gentleman o Oxford had visited the negroes in jail, after condemna tion, to pray with them and prepare them for death, I addressed a letter tc; these gen tlemen asking for 6uch information as they could give, touching the guilt or innocence of Henderson Cooper. Mr. Hays answer ed that the trial established tho guilt of the prisoners beyond a doubt, and that the trial way in all thing3 a fair one. "Williams answered that the convicts, without the slightest influence offered by him, volun tarily confessed to him that they were guilty and ought to die, and besought him to pray for them and prepare them for death, and that he communicated this fact to General Averr, when he was making his i preliminary investigation ! : These letters I immediately sent to Gen. ; Sickles. I heard nothing more from the ease till 1 1 was informed, on the 2d of October last, I by the Sheriff of Granville, that a Court i v?- . i ..-.J- . yf, , . u .ji iuaruai leas sunny ztt. uw juiivuwito J.M.IM.I-, trying Henderson Cooper Col. Bomford being President of tho Court and General Avery Judge Advocate. . I immediately addressed a note to Gen. Avery, in those words : "1 respectfully ask that, in the trial of Henderson Cooper, which I learn j . i s : i : i ... i now iu progress ueiuiu u iuuiwi twuit Eiuiug in mis city, oi wmcn you uro uuugu Advocate, the State may bo represented counsel to be appointed by me." As the trial was one impeaching the integrity ol one of our courts, I did not anticipate a refusal and immediately sent for a lawyer. Hon. S. F. Phillips, who came to my of fice, and with the aid of the .Sheriff of Granville, I was putting him m possession of tho facts to enable him te manage the nroseeution. While wo were conferring, 'Gen. Avery appeared and notified me, vvhieb he afterwards put in writing, that my request could not be granted, "as it is contrary to all precedent and against IK nrorw: r.f MiP Hirvitf. TliS CaSQ i.S HOW nearjy completed, the greater portion of ul0 evidence xor tne prosecution uaviug i eeii alreadv taken," I then askod him if he would cause to bo summontd and exam ined such vitncsae3 as I would designate, lie desired to knoiv what witnesses 1 want- feti? v.hatthty would be expected to vona cam, lu&i lao cuaraciex ui uiu wo I . - j . 1 1 T T eutrix was wiinut uiemisi in contradic- 1 IL'-tLl U lWi'-r J- 0f Granville, then present, one of the tnai i ho fWilliams,) had communicated this fact to him, Gs?i. Avery, ivken he was making the preliminary inquiry, which had led to the in terference -with the action of our courts ! ! Ho replied that the evidence of tho pris oner's guilt then before the court, waa ple nary : that no evidence impeaching the character of the prosecutrix had been oiler and expressed repugnance to protracting . . . i ? the trial by summoning ana examination of mora witnesses, but agreed to offer the tSheriif to prove the character of the prose cutrix, who, as I was informed, iras exam ined and prove her character very good. See mv letter to (ten. Avery, marked G, dated October 10th, 167, in whish I spe cially call attention to what Williams would prove. He was convicted and ordered to be handed, a appears by General Orders, Xo. 11:5. hereto annexed, dated November 20th, 1807, bat Gen. Canby set aside this h'nd inrr, on the ground that " it was error to ruer this case to a Military Commission, &e.i; See order annexed, marked H, He ! held that the action of our Courts was void, as also that of tho Court Martial, and directs that tho prisoner bo k remanued to tko ciwtodv of tho civil authorities for trial under a new presentment or indictment Tho effect of all which i; that this monster is to co unpunished, although convicted bv both a civil and military Court. If a now indictment be found, ho will plead conviction und must be necessarily acquit ted, and if the Judge cause him to be hang ed, under the former conviction, of course Gen Canby would have tho h.'dac hanged under tho military law ! This was a rape of peculiar atrocity, Two utrong negroes entered the house of a poor, bat worthy, woman and, in the pres ence of her little daughter, each of them commits a rape on her, and our military government interposes p.nd allows one of the monsters to po unpunished. Tne his tory of this case is extensively known in tho State. If alienation to the government in this State is on the increase, as is often alleged to our prejudice, is it to bo won dered at V How many communities are there at tho rorth where this negro, un dor these circumstances, would not be dragged from prison ann hanged by lynch law Theio is no danger of it here. Uur people, conscious of their helplessness, are resolved to endure and submit to the laws, confiding in an awakening sense of mercy and justice on tho part of the dominant power ot the nation, the dawn of which they think may be perceived in the late Northern elections. In closing this subject, I think it duo to Col. Bomford, who has long been stationed here, to say that I regard him as a good man, aud iu every way a gontleman, but that, in these matters, wherein he has been associated with General Avery, who claims to bo a lawyer, the Colonel hag un' duly deferred to the opinions of his asso ciate." Joxatham Worth. Ttr Nort! Carolina Railroad Rttt lt Mauagcruent, Tho Kaleigh Standard of the ICth inst., contains a ceramunication written by some body, and published over the signature of " W. A. Smith, President N. C. R. E. Co." The writer attempts a reply to our editorial by an attack upon Colonel Feehokt, the able and energetic Superintendent of the Wilmington and Wcldon Kailroad. From our knowledge of that gentleman, ho will take no notice of the ecribbler. He is too much engrossed with his duties to waste timo in such matters. Colonel Fkgmont is a hard working, practical railroad official, and is not dependent upon newspaper con troversies lo recommend himself to the offi cers and stockholders of tho road We will, however, notice tuch parts of this silly article a3 deserve it. What email portion of tho communication that not personal, is taken up by a feeble attempt to prove that the North Carolina Bailroad has been greatly benefited by the contract made with road3 North and South of it, which wo published iu full in a former article, and succeeds only so far as to ehow very clearly that the contract hampers and crip ples tho management of that Company most seriously. By it the North Carolina Bailroad is compelled to charge tho same rates " between Goldsboro aud Kaleigh per mile, as it charges for ono hundred and eeventy-fivo miles between Italeigh and Charlotte, by which a clear profit of from seventy to ninety thousand dollars per annum would be realized, if the business ras all done via Goldsboro' instead of stop ping at Baleigh. We quote the writer . To carry out tho contract, w a aro com- pelled to chargo the same to other roads as we get rcii anus from the Raleigh & Gas- tin Road. For example, if we get sixty five cents to carry the freight one hundred and seventy-five miles, the .distance from Charlotte to Raleigh, what should jtre get to carry it forty-eight miles ? . We must, according to contract, add on eighteen cents, which is no discrimination against the W. & W. Railroed." If the individual who wrote this commu nication had been specially employed by President Smith to prove that this contract hampered the management of the North Carolina Railroad, and prevented it from taking advantage of its central position, and making the most of its advantages, he could hnrdly have chosen more expressive language. The writer savs that the North Carolina Railroad Company, in direct and palpable violation of the contract, honestly and trtdy gets sixty-iivecents per onehundred pounds on first class goods for hauling one hun dred and seventy-five miles, while the Ral eigh and Gaston Railroad only receives twenty cents for one hundred miles. As tute Smith ! Verdant Hawkins ! ! Even if this be true, if the Raleigh and Gaston Railroad is only to receive twenty cents per one hundred pounds, and the Wilmington and Weldon Railroad has pro posed, through President Bbidgees, to di vide this twenty cents equally with the North Carolina Railroad, giving that road ten cents per one hundred pounds for run ning iars already loaded to Goldsboro, at a profit of niue and one-half cents accor ding to Superintendent Anderson's calcu lations, it is clear that a net income greater by fourteen dollars per car load would ac crue to the North Carolina Railroad by going to Goldsboro' than by stopping at Raleigh. This profit the Company is de nied by tho terms of the contract. Vcr- n t Lt.:il. t.i..f IT ..,.- 1 ' UaUl OUillU ilslUMJ UdWJUM . Thus we see that the North Carolina Railroad Company Las, bj the action of . its own ofScials, tied its own hands. Tho ; - , i ! i . : other contracting reads bind tliemscli'es to nothing they were nut performing before the contract wa? made. President John- : so:;, of the Charlotte and South Carolina Railroad, as a matter of common ieuse, charged the same, for freight going from Columbia to Charlotte as from Charlotte to Columbia. The contract binds him to do no more or less. And the writer cays ''the j Raleigh and Gaston Road has to pay tho I same bonus that it paid before." What, j then, has been gained by the contract to j The following gentlemen have been li the North Carolina Railroad ? What it has censed to practice law in this State by the lost oan be estimated in dollars and cents, Supreme Court on the ISth inst: as we havo shown- It miht have been as j well for this writer to have let the people of North Carolina, and the Stockholders of tho North Carolina Railroad in particu lar, know that but for the persistent nego tiations of President Biodgers aud Super intendent Fkejiont, the bonus paid by the Raleigh and Gaston Railroad, which he parades before the public with suoh mani fest satisfaction, and assumes it to be the result of President Smith's superior sagac ity and management, would never have been received by the North Carolina Rail road Company, nor the forty-seven thou sand dollars of net increase in last year's receipts by running tho freight trains to Goldsboro' have been made. The compe tition oreated by these efficient officers, which made these increased receipts last year, and compels the payment of the large bonus the present year, has been destroyed by President Smith's stupidity and malig nity. The writer, in a few lines, tickles Presi dent Smith's egotistical ignorance, pre sents President Hawkins in a new role, and gratifies his own love of the ridicu lous. He says : "Now, this twenty cents, recollect, does not come out of the ship per, but out of the earnings of the Raleigh and Gaston Railroad Company. If that was a State Road I would object to goug ing so deep ; but it belongs to inlividuals, and I therefore, for the benefit of the North Carolina Railroad Company and the State, take all I can get from them." Patriotic Smith ! Sapient Hawkins ! ! Facetious writer ! I ! North Carolina Railroad and its Manage ment. We have had so much to say lately of the shortcomings of the present management of the North Carolina Railroad, that we propose to publish the complaints of others. We knew our exposures would load to others, for we are satisfied that never be fore were the interests of others so wilfully sacrificed as is now being done through the incompetency and spleen of President Smith. Here is what a correspondent of the Ral eigh Sentinel writes : "Lexington, Jan. 15, 1869. " Editor of the Sentinel Deab Sia We know you feel great interest in the North Carolina Bail road, and we well remember yeur success in run cing'it last year. "We heard a friend of the Road say that the Company could afford to pay the present Presi dent and Superintendent, (Smith and Johnson. ) five thousand dollars each to stay at home and al low you and the late Superintendent, James An derson, to run the road. We thought it extrava gant talk ; but after the great collision, we were satisfied the Company would have made money and give them $20,000 to keep oS the Road. " Why have you said nothing about the arrarge ment with the Raleigh & Gaston Road. The Road from Raleigh to Goldsboro' is now dead. No freight, or bat little, goes that way. We heard a gentleman eay that they had missed connection twice at Charlotte when h was there. "They advertise piously to ran no train on Sun day. Yet tiiey have had two collisions on Sun day, and one of them destroying thousands of property. So it would seem they do have Sunday trains. With James Anderson for Superintendent, that collision would not have occurred. We have heard the damage of that collision estimated as high as $15,000. We saw one passenger who had not been asked for his ticket by th conductor, which he said would do for another trip. " At first no one was condemned for the colli sionthen it i thought they punished the wrong man : but, bein a good Radical, he was taken again in the employment of the Company. " From vonr beinsr so aniet. we hone von are not in the Ring to tell the Road, that the Ral eigh & Gaston Road, and thWall Street Ring may buv. "Yours, N. C." President Smith carries his partisan- i ship to such an extent as to become a serious nuisance and expense to the people of certain portions of the State, We copy tha following editorial from the Goldsboro' Messenger in regard to changes in tne pas senger schedule of that road, which shows to what email matters this official stoops, and how the people of a large district of country are seriously inconvenienced, and his own road deprived of travel. - Says the Messenger : j We hvre recency been. tOiowa.Uia wo new schedules made for the running of passenger trains on this read. Oae No. 8 and the other No. 9. ,l The laet oce or 9 to " aupereede " the first or No. 8. ' " We desire to call the attention of all our readers and the public generally to the manifest injustice, to use no harsher term, that is done Eastern North Carolina by this last change of " In both of these ached ules the trains leave Charlotte at 7:45 o'clock P. M. and by No. -8 ar rives at Golddboro' at 10:20 o'clock A. M., run ning at the rate of p bout 15 miles per hour, all the distance of 223 miles from Charlotte to Golds boro'. " We however notice that the trains arrive at Greensboro' at 12:45 A. M , or run 93 miles in 5 hours, or about 20 miles an hour. "The train leave Greensboro' at 1 o'clock A. M. and runs to Go'dBboro' in tea hours and twenty minutes, 130 miles, or less than 13 miles per hour. "This would have made a quick and close con nection with the Wilmisgton atd Weldon trains North and enabled a passenger to have two routes North from Raleigh or other places on the North Carolina Railroad and rave all Eastern people by way of tiie Tarboro1 road and the steam ers on IXir liiver a quick and cheap trip home. " But this schedule had no sooner appeared in Raleigh, and at a certain P. ail ro id office in that city, than it was ordered to bo changed. That must not be it gave tho N. C. R. R. between Raleigh and Goldsboro' eomething to do. There might be a possibility that some travel might be taken that way that would otherwise go by the Raleigh & Gaston Railroad, and as the President (Smith) seems more anxious to help the R. & Q. to business than to help his own Roe.d, it was of course changed, and the very next day a new tab!e came out by which traias were to reach Goldsboro' at 11:15 A. M. " The Wilmington & Weldon trains pass North at 10:30 A. M. "Now it eeems to our people "down East" here that this petty spite and favoritism, to call it by no worse name, should be brought to a cloe are we of the East to be made victims of in this way, and the Rate despoiled of her jast dues to aid the R. & G. It. R. and to injure to the same extent the W. & W. K & large interest '? R , in which the State has We now aesert that trains can bo run from here leaving at, 2:30 or 2:45 o'e'rek p. ru., connec ting closely with the W. & W, 11. R. from the north and reach Greensboro' aS the time the pre sent echedule leaves there, or 15 minuies before, say at 32:45, without running more than about 13 miles per hour, r ten hours and fifteen m inutes going West and ten hours and twenty minutes going East beticee? Greensboro' and Goldsboro', one hundred aiui thirty miles, an i in both cases make close connections v:ith the TT. ct W II. R. north and south, to the great accommodation of our local travel and make a profit lo both these companies. What text, Mr. Smith? "Vnn jfnn threfl nnarfwa nf nr. hr.nr af Pnl e gh one hour at Greensboro', in order to kill A J 1 II . . -1 . . 11.. I ' ' 1 Lele o ! for achate ol management. Where ia the Govenor? Wliferc is the Legislature-? What are we to expect -in the future it' such thinps aro fier.to! Ly "the State Govemuiout at Uiloigh ?" r7j-- Olixlti llir-Wp. The regular freight trains between Ral eigh and Goldsboro ou the N. C. Railroad have been discontinued freights are hung to the passenger or mail train and drag out four mortal hour3 and thirty minutes, over a distance less than fifty miles. The Ma- Ju' J kk v. --. ivennetn i. eouo, oi iasquotana. Jos. W. Ftheridge, of Currituck, Benj. F. Long, of Warren. Ral. Sentinel. Fike at Chapeii Hir.ti. The office of President Pool of the University at Chapel Hill, was destroyed by fire on Friday night last, together with many valuable private and oi'icial paper?. Fire accidental. Ral. Standard. TiitKiir College. This excellent insti tution opens its present session with one hundred students on its lists, and they are daily increasing. Its able and energetic President and Faculty are determined fully to meet tho wants of the public. Success to Trinity and to all our schools and col leges. Ral. Sentinel First National Bank of Charlotte. At the annual meeting of the Stockholders of this Bank, held on the 12th inst., the following Board of Directors was elected for the ensuing year : R. Y. McAden, W. R. Myers, R. M. Oates, John Wilkes, S. A. Cohen, T. H. Brem and Win. Johnston. At a meeting of the Directors, K. Y. Mc Aden was re-elected President; W. R. My ers, Vice-President; M P Pegram, Cashier, and A. G. Brenizer, Teller. Charlotte Democrat. Painful Accident. We regret to learn that our young townsman, Mr. Willie Everitt, accidentally shot:himself in the leg with a pistol on Monday evening last. Tho ball was extracted by a physician, and we are pleased to state that the wound, though painful, is not serious. Goldsboro Messenger. Hon. A. W. Venable. During a little trip last week to the western part of this county, it was our pleasure to visit Hon. A. W. Venable, at his country seat Brownesville. We found this distinguish ed gentleman in good health, making al lowance for the infirmities of age, and as well as eould be expected for a gentleman of the old school of State rights politicians under the tremendous depression that no ble doctrine suffers at the hands of the ignoble and vile. Mr. Venable looks with the eye ot faith through and beyond the murky gloom that surrounds tha national present to that glorious an d happy future awaiting our country, when bad men shall go out of power and good and capable statesmen shall control her affairs. Henderson Index. Chewing Toijacoo. Rev. David Macrae, a Scotchman, and recently a traveler in the United States, says: "The amount of chewing and spitting all over Amerioa, but especially in the South and West, is in credible. You find spittoons in shops, in parlors, in cars, in houses of assembly, in Congress, and even in churches; and where there are no spittoons it makes no differ ence. You will see a man in a court of justice lift the Bible to take oath, give a side-squirt of tobacco juice, kiss the Bible, hand it back, and give another squirt. At Raleigh, I saw Litchford, the tailor, whose apprentice President Johnson once was. Litchford is now Marshal of the Supreme Court, and goes through the form every morning of opening the court. When the Chief Justice f ays: 'Marshal, open the court!' Litchford gives a squirt of tobacco, cries, "Oyezd Oyez ! this Su preme Court is now opened ! God bless the State and this honorable court!' and gives another squirt. That is the entire ceremony. Numbers of the freedmen are connecting themselves with the anti-tobacco and anti-liquor societies, feeling tho necessity for guarding themselves against evils that have done so much harm amongst the white people." Painful Accident. On Thursday even ing last as the mail train on the Wilming ton and Weldon railroad neared the depot at this place, Jchh Farmer, son of Eliza- (beth and the late Wiley Farmer, aged about 11 years, attempted to step on the ladies' car, when he missed his footing and fell along side of the track, tho front wheel of the car passing over his right arm, crushing it in a dreadful manner, render ing amputation necessary. He was re moved to his home, when Drs. Smith, Barnes, Moore and King rendered all medi cal attention by skillfully amputating the limb at the shoulder joint, and we are pleased to state that the patient is now do ing well, Wilson Plaindealer. Frcm the Raleigh Sentinel. OF KORTII CAROLINA. LEGISLATFRK ' : SEtfATE; Friday, Jan. 15, 18C9. ; PETTTIONsS. ' ' ": A. H. Galloway, (ooldred,) presented a petition from certain citizens of New Hanover county in reference to the ap pointment of Inspectors. Referred to the Committee on Propositions and Griev ances. . Mr. Scott presented a petition from cer tain citizens of Duplin county, proposing an amendment to the report of the Com missioners of said county. beports of committees. Mr. Martindale, from the Committee on Internal Improvements, reported favorably on a bill to incorporate the Jamesville and Washington Railroad and Lumber Com pany. Mr. Winstead, from the Comroittee on the Judiciary, to 'whom was referred a bill to encourage guardians and wards to invest in the public stock of the State, reported adversely, as no other legislation on this subject is necessary. Mr. Welker, from the Special Commit tee appointed to investigate the purchase of the site for the Penitentiary, presented a report covering 17 pages of foolscap, with the deeds of said purchase. On motion of Mr. Sweetlhe report with the accompanying documents was ordered to be printed. Mr. Lassiter asked if the parties had not agreed to reform the deeds and to make them with full convenant, as understood by the original Committee. Mr. Welker said that many propositions had been made, coupled with conditious that the Committee could not accept, and were apparently made for the purpose of delaying the Committee. Mr. Martindale asked if a proposition had not been made to the Committee to take back a portion of the purchase and return the 8100,000 in bonds. Mr. Welker said such a proposition had been made, but with such conditions that the Committee felt they had no authority to accept. Mr. Davis asked if the Committee had not had a proposition submitted to them ia writing, by D. J. Pryne, wherein he agreed that a Committee might be appoint ed by the Senate, or any other body, to I say what the present location of the Peni Uentiary is worth, together with tho water power, and whatever they valued the site at, deduct from the 8100,000, and he would j pay in State bonds the remainder, and that j he wa.s now ready to deposit 850.000 in i State bond3 for the fulfilment of the con j tract ? Mr. xjoye said there was sucn a proposi tion made, but, when thoroughly investi gated, it was coupled with conditions that the Committee could not consider. Mr. Welker said he would state further, that the said D. J. Pryne had no right or title whatever to the tract of land intended for the site of the Penitentiary, it having been couveyed to the State by the Deep River Company. Mr. Lindsey said he had no doubt that propositions to take back the land and re turn the 8100,000 in bonds to the State would be made, but it mast be considered that wo are dealing with shrewd business men, and they have other objects in view. They, by showing their willingness to take back the land, desire to create the impres sion that it is more valuable than it really is, thinking the agents acting tor the State may desire to retain it, or that the impres sion may go abroad. Mr. Bobbins said that his position was well known in relation to this purchase. He was pleased with the report of the com mittee, which shows conclusively that the charge he had made oq a former occasion, that there was considerable deceit and wrong done, that the committee had been deceived, was true. But he did not see the necessity ef being very particular in regard to further developments. If tho State could get back the 8100,000 in bonds which she has paid orit, and if such a proposition was made he should favor its acceptance, and that would settle the whole question, and the Legislature would havo it in their power to proceed with the erecting of the Peni tentiary in compliance with the provisions of the Constitution. Mr. Osborne said the committee were convinced that there were other localities in that vicinity which, in their judgment, would bo more suitable for the erection of a Penitentiary than the site at Lockville, and if that is true he, for one, would op pose the ratification of the purchase of tha site at Lockville. Ti a proposition is made, and he understood there would bo, he can cel both deeds and returns the 8100.000 in bonds, he would favor it. Mr. Welker said he would call tho atten tion of the Senate to the fact that a pro vision in the deed required the Peni tentiary to be built at that point, or the State will forfeit all claim to the chase. pui Mr. Love said that he had been at Deep River but a short time when he was in formed that the parties (Pryne & Co.) would take buck the 8,000 acre tract and return to the State the $100,000 in bond?, provided we would arbitrate, by competent engineers, the value of the Lockville site and pay to D. J. Pryne, out of the 8100, 000, the estimated value of the same. We refused to do this, because the site had been offered to the State gratuitously, and the estimated value of the property might reach 815,000 or 820,000. We were opposed to placing ourselves in such a po sition that property, which cost the State nothing, could be made to cost this amount. He did not like to be personal, but thought this man Pryne has made enough ; he has been acting as a go between. Oa the 9th of November be (Pryne) bought of Heck fc Co. the State's property on Deep River and Cape Fear River for 856,000, and on the same day or tho day after, sold it to C. L. Harris for 8100,000 in State bonds thus realizing 814,000 ; and when he made this contract with Harris ho (Pryne) had no title to the property, either legal or equitable, when members of the original committee must have jknown that Heck & Co. were in tho market offering this property for sale. We were willing to cancel both deeds upon the surrender of the 8100,000 in bonds, and re-contract for the Lockville site, which proposition they did not accept. The site selected we consider ineligible. The sur face of the ground is very irregular at the Northeastern corner, being at least seventy feet above the water in the river (in the Lockville dam). There it stands as though it were hung out to dry. There are other localities on the river much more eligible, which can be procured at no cost to the State, which would be much better than paying Pryne & Co. 815,000 or 820,000 for a location totally unfit for the purpose. Mr. Sweet introduced a resolution, con tinuing the committee, which was adop ted. On motion of Mr. Barrow, a message was sent to the House inquring what had become of the resolution instructing the Public Treasurer to withhold the bonds to complete tho sale of the Penitentiary tract, and of the bill to repeal an act providing for the erection of a Penitentiary. Mr. Sweet offered an amendment to the rules, making unfinished business first in order after reading the journal. The rules were suspended and the motion was adop ted. UNFINISHED BUSINESS. Bill to create a Mechanic and Laborers' Lien Law was amended, and after some discussion, passed its second reading. On motion, the Senate adjourned until to-morrow 11 o'clocfe, , 1 HOUSE OF REPRESENTATIVES. Fbtdat, Jan. ID, 1869. On motion of Mr. Ingram, the rules were T suspended, and the bill to prevent the sale of propety exempted by the Con stitution, known as the Homestead exemp tion was taken up. Mr. Ingram took the floor in advocacy of the bill. He said that the late Conven tion pasBed a homestead law, and went be fore the people promising them the full benefit of it. Now he was derterrained to hold them up to it. When the Supreme Court so decides upon the homestead law, passed by the Convention, then it would te time enough to talk about its unconstitu tionality. Mr. Hodnett said this matter had been fully debated in the Convention, a3 to the bill's constitutionality it was determined to leave it an open question. Ho was op posed to bills of the nature of tho one be fore them until a decision of the Court was rendered in regard to the homestead. Mr. Sinclair said they had gone beforo their constituents declaring that they should have the benefits of that law, Sec. Mr. Pou wa3 opposed to the bill from the fact that it would amonnt to nothing and afford the people no practical relief, fce. Mr. Ingram again took the floor in sup port of his bill. He thought tho Supreme Court would decide in favor of the consti tutionality of the homestead, for the peo ple demanded such a law, and their de mands upon this matter would shape the decision of the Court, ko. J. H. Karris', of Wako, coloreJ, offered the following substitute for the second sec tion : " That if any Sheriff, Constable or other officer, shall under any pretence what ever, sell any jjroperty, real or personal, exempted by art. 10 of the Constitution, such officer shall be guilty oi a misdemean or and be imprisoned not more than twelve months or fined not more than one thous and dollars." Mr. Stilley said that though ho desired the bill to pass, yet he could not vote for a bill or a section of a bill that he thought unconstitutional, and would be invalid af ter it was passed. I J. H. Harris, of Wake, colored, moved j to postpone tho bill until to morrow and j mako it the special order for half past 10 o'clock. Carried. Mr. Downing asked the indulgence of the House to make a proposition, ne said that this Penitentiary affair had created so much debate, he would make this proposi tion, to wit : That he would buy the site, water power, land, &c, with the same rights given to the State, and pay 8100, 000 in bonds at par therefor. He wished the matter acted upon shortly, as he had a proposition made to him to purchase the property in question, and if his proposi tion was agreed to, he would make a nice little sum for himself. A communication wa3 read from the Su perintendent of Public Works, accompa nied by a communication from S. Adams, of Richmond, Va., making propositionsn regard to the iron works to be established in the proposed Penitentiary, &-c. On motion of Mr. Sinclair, the docu ments were ordered to be printed. On motion of Mr. Estes the rules were suspended, and House bill No. 37 (a bill to provide for the collection of taxes by the State and by the several counties of the State, on property, polls and incomes,) was taken up. The discussion upon the third section was resumed. Mr. Estes said that as there had been so much debate ujon this section, he would offer a substitute that provided everything that could be asked. The following is the substitute : . " The Commissioners of the several counties, at a meeting to be held before the first Monday in March, in the year 1860, and every year thereafter, shall ap point in each township of their respective counties three assessors, (ono of whom shall be a freeholder); they shall constitute a Board Valuation for the township, with a compensation of two dollars per diem while actually employed, and shall take an oath to faithfully perform the duties of their office according to law. W?herever a legal Board of Trustees shall exist in any township, no such appointments as are herein provided for shall be made, and the duties herein prescribed for the assessor andhis assistants shall bo performed by said Board." Mr. Durham said it did not provide for the holding of the Board of Valuation. Mr. Estes replied that was provided in section 17 of the bill. This substitute elicited a long debate. Mr. Estes moved that debate upon each section be limited to two minutes. Mr. Durham protested against the adop tion of the motion. He said this was a most important bill and required the most careful consideration. The motion was put to a vote and lost. Mr. Pou moved to amend the substitute by striking out after the word " assessors," the words down to the word " they," and insert the words " qualified to serve as ju rors, who." Mr. Estes accepted the amendment. Mr. Durham characterized this amend ment as an attempt to impose upon land holders. It allowed men who had no pro perty and whose taxes were limited by the Constitution to a poll tax, to levy such a tax upon real estate as they chose. It was unfair and unjust to a large portion of our people. He warned gentlemen who rep resented tax paying constituencies against this amendment. Mr. Estes said he objected to Mr. Pou's amendment, but from his interpretation of the Constitution he was compelled to accept it. He thought there should be a freeholder on the Board, Sec. Mr. Sinclair favored the amendment. Mr. French said that while he was in favor of having a freeholder upon the Board, yet from his construction of the Constitution, he would voto for the amend ment. He would shortly offer a resolu tion that it is the opinion that a freehold er should be appointed on said Board. Mr. Durham said it was strange that certain Republican members on this floor should so hug and whine over the Consti tution when they had publicly violated it twenty-five times at least this session. Here was a measure making a most unjust discrimination against property holders, simply because they did not agree in poli tics with the majority of this Legislature. He was afraid that many members had very pliant consciences. They would bend them to suit nicely every political shape they desired. This amendment, according to their (Republicans) own construction of the Constitution, was a direct violation of that instrument, because if there was ever a barefaced piece of class legislation, this was a specimen of the first order. Mr. Seymour argued at length in favor of the amendment. The question recurred upon the substi tute as amended. On its adoption the yeas and nays were, on motion of Mr. Durham, called and re sulted in the following ballot, viz : Ayes Messrs. Ashworth, Barrett, Barnes, Blair, Carey, colored, Cawthorn, colored, Cherry colored, Dixon, Downing, Ellington, Estes, Fere bee, Forkner, colored, French, Gahagan, Gra ham, Gunter, Harris, of Franklin, Harris, o Wake, colored, Hendricks, Hinnant, Hodgiu. Hoffman, Horncy, Hudgings, Ingram, Justice, o Rutherford, Kelly, of Juoore, Kinney, Lary, co ored, Long, of Chatham, Long, of Richmond Mayo, colored, McCanless, Moring, Morrill, Moi ris, colored, Parker, Pearson, Pou, Price, colored Proctor, Ragland, Rea, Renfrow, Robbins, col ored, Robinson, Reynolds, colored, Uejmour, Sie griat, Sinclair, Bimcsds, ynipes, Stevens, Stilley, , - i ' bweat, colored. Sykea, Vestal. Vt. w.i Williamson and WiwaUC2 ' "muAPt T . . . i. . - - vis, Kelly, of Davie, Mathfaon, 'McMuian 'm' Shaver, Smith, of AleRhny, fimith, of Tv? Thompson, White, Whitley. Williams of narn"' and Williams, of eampeon-37. u"nctt, The substitute was then adopted. On motion, the further consideration ot the bill was postponed until to-morrow li o'clock. ' A message was received from.the Senate making inquiry as to what had become oj the Senate resolution forbidding the Treasurer to instie bonds for tbe purchase of a site for a Penitentiary, and, also thq bill repealing the resolution raising Joint Committee in regard to the Peni tentiary. The Chair announced that both were ou the Calendar. Both bill and resolution were read, when Mr. Estes moved to adjourn, but withdrew it for a moment. By consent, Mr. Justice, of Rutherford offered a resolution, accepting Mr. Dowin ing's proposition in regard to tho Peni tentiary. Lies over. On motion, the House then adjourned until to-morrow, 11 o'clock. SENATE. Saturday, Jan. 10, lSG'J. Mr. Lovo arose to a question of privilege and said : Mr. President, I hold in un hand a carricaturc of myself and the Sena tor from Guilford, drawn by tome dirty rascal and placed on one of tho mantels of tho Senate Chamber for public inspection. This is done to bring your Committee or: Penitentiary affairs," of which I have thj honor to bo a member, into disrepute und ridicule. I simply have tot;uy, tir, for icy self, that I have no language to express my contempt for the scurcry artist iv.ilki con federates, and to remark that if it is ex pected to intimidate me iu tho discharge of a public duty, the shot has ruiesed the mark. UNFINISHED EU5INE-3. Bill to provide for tho settlement of the estates of deceased persons tho qutstion being on the reconsideration of tho vote by which the bill was rejected. The voto was reconsidered and ihe bill vas made the special order for Tuesday next, 12 o'clock. i is'THnnrcTTnY nv iTr t i ivn TM.-trriT i"rr.-.-v-c By Mr. Winstead : A bill to restrict th jurisdiction of Courts on debts, the con sideration of which existed prior to the 1st day of May, 1805, to ono halt the principal money due. and to repeal all stay laws. Referred to the Committee on the Judi ciary. By Henry Eppes, colored : A bill to amend an act concerning the registering of deeds. Referred to the Committee ou the Judiciary. By Mr. Love : A resolution prohibiting W. H. Thompson, Superintendent of tho Penitentiary, from paying D. J. Pryne, Contractor for the execution of the Stock- jade, any sum of money until a certificate iin writing shall bo produced from tho Su perintendent of Public Works, certifying that said work is being dono according to contract. Mr. Love stated that he had facts in pos session, if he were at liberty to reveal them to tho Senate, which he hud obtained siuce the introduction of his resjlution on yes terday, which would convince the Senate of j the necessity and propriety of passing this resolution. After somo discuion on hir. motion, tho rules were sus-peuded aud tho resolution pa3 ed its several readings and was sent to the Honse. A message was received frcm the House, transmitting sundry resolutions and bill:? which were disposed of as fellows, to wit : Resolution directing tho Secretary of State to return to the General Assembly a bill authorizing tho Public Treasurer tv, issue bonds to certain Railroad Companies. Oa motion of Air. Barrow, it was laid on the tabl Resolution prohibiting tho printing o! any laws, except those vdiieh are genera! the President to djoide what are gene;' a! laws. Adopted. Bill for the relief of the Sheriff of Co lumbus county. Referred to tho Commit tee on Propositions and Grievances. TniT.D READING Or DIIXS. Resolution for tho relief of L. P. Swniii and W. L. D. Moore, of Brunswick. On motion of Mr. Rabbins, it was re committed to tho committee ou Finance. Bill to require executors aud adminis trators to discharge their duties. Its con sideration was postponed, oa motion of Mr. Graham, until the printed copy i.s brought in. Bill to create a mechanics' and laborers lien law. Passed. Bill to amend an act concerning the gov ernment of counties. This bill authori zes County commissioners to appoint Wood Inspectors, the fco on each cord of wood to bo paid by the purchaser. Paus ed Messrs. Barnes. Beeman, Bellamy, Eaves, Harrington, Hyman, colored, Love, Purdie, Richardson, Wh'te, Winstead aud Robbins voting ia the negative 12. On motion of Mr. Osborne, the Senate adjourned until Monday, 11 o'clock. HOUSE OF REPRESENTATIVES'. Saturday, Jan. 16, 1800. Mr. Downing mado an explanation in reference to his remarks upon Mr. Rob bins' card in reference to the penitentiary affair. He (Downing) had said ho could prove that Mr. Robbins, at ono timo, said he would sign the report of the committee. He had made this statement after a conver sation with Col. C. L. Harris. But on yes terday Mr. Bobbins, in company with Mr. Harris, called on him, and during the con versation that ensued, Mr. Harris stated that he could not say positively that Mr. R. ever committed himself to sign tho re port: Therefore he (Downing) made this statement in justice to Mr. Robbins. reports of committed. Mr. French, from tho committee of con ference in regard to the bill authorizing certain counties to issue bonds, reported that legislation is unnecessary and asked to be discharged from its further considera tion. RESOLUTIONS. By Mr. Jarvis : A resolution instructing the committee on counties and townships to report adversely upon the formation oi new counties that do not propose to con tain the one hundred and twentieth part of the population of the State, tc. Lies over. By Mr. French : A resolution raising a committee of three on tho part of the House, and two on the part of the Senate, to investigate the affairs and management of the North Carolina and Wilmington and Weldon Railroad Company, and report 'to the Assembly a3 early as possible. Lies over. SPEC! AIi ORDER. The bill to prevent the sale of property exempted by tho Constitution, known as the Homestead exemption: The question recurred upon the amend ment offered by Mr. Vest yesterday, whicc, ifter soma debate between Mr. Ingram tor, and Mr. Hodnett against, the bill was jut and lost. The amendment reported by the commit ee was then adopted (striking out all after ho word "misdemeanor," in line four, ection 2). Mr. Parker then spoke for somo time in pposition to the whoio bill. The substitute offered yesterday by J. J. Harris, of Wako, colored, wai next put to a vote and lost, naia juessrs. Aineon, Areo Arm-trnr, ner, Boddie, Caraon, d&T'
Wilmington Journal [1844-1895] (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 22, 1869, edition 1
2
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