THE WILMINGTON JOURRAL.
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VOL. 27.
WILMINGTON, TS. 0., FBIDAY MORNING, JUNE 2, 1871.
NO. 17
a
4S' -kv
11 I 111 NM II
MAKRIRD.
At the residence of the bride's mother, in
Robeson county, on Thursday, the 11th instant,
by R.-v. ST. McNair, Mr. ANGUS McDlABMID
to Mr. MARGARET KIIA.W.
In Stockton, California. April 18 b, 1871, at Pt
John's Epiecrjpal Chcroh, by Ittv EliaaBiid
e&ll, Mias ANNA O. AbHE, daughter of Oapt. R
J. Ashe, of North Carolua, to Mr. GEORGE
TILGHMAN, formerly of Maryland.
From the Raleigh SeatiDel.
COJSTITUTIO.VAL1TY OF TIIS C01VK5
TiOS ACT.
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A8 AN ORGAN OF OPINION.
The Messenger i fearless, trenchant, indomi
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cratic principles, unsparing in its denunciatio n
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Address JiLlUi A. BON1TZ,
Kditor and Piop'r
Goldeboro, N. O.
mar 3 dlt-wly
Male f orth Carolina,
Kew Hanover lonnty,
ULTERIOR OOTJRT.
Edwin Held and Jaoey IVid, by their Guardian
Edwin A. Keith,
vs.
J.imes II. Brown and wiTe Josephiae, et al.
The defendants in this case, viz: George T.
iJ. Curtiss nl wire Rebecca, Jamas H Prown
an? wife Josephu-e, and Napoleon Eeid, are
enmnon-d to Appear before thc Citrk of the fcu
per,or Uctirt, at hid cilice ia tbe Court J3on-eiu
the city of Wilmington, on tbe 12th day of Jute.
AD IS 1, to answer the complaiut of tho p a;n
tiffs If the defendants fail to appear at that
time tho pUintiff will apply for the relief de
manded in the comp'amt, together with the
costs of this action.
Given under my hand ana eeal
"beVl. ' this the 21th day of April, 1371.
A. Empil
april 2i
Att'y.
J O MAN,
Clerk i-uperior Court.
12-6wch
EXCHANGE HOTEL,
HILLSEORO' STREET, RALEIGFT, N, O.
A. A. HARBIN
jan li Btar copv
. . Pbofrietob.
92-ltdrimch
OF
J. D PEAttSALL
TT AVISO QUALIFIED A3 INSPECTOR
Naval Ptores, Ao , re?peo fully offors his eer
rriends and the public generauv.
15-wtf
vices to his
may 19
SK 1 i Ml to g,'2n(KZr?S. SS."SS
wHd tn AnpiiH pvervwhere. tellioa: our Parent
bilv-r Mouli WhUe Wire Clo:hfS Lns. tu-i-ntea
offiaeut. For lull partioalars. aidrese
GIUA til) WIRE MlLIi, Philadelphia, Pa
may in 15-wlmah
SAMCI h Y. GUEES,
(Successor to Dialogue A Greer,)
Fire Hose manuiacturer,
620 NORTH kT., rBILM.ELPHIA.
Etabllhed in 1S4I.
Rtftm Kite Enc:n. Forcing -nd Suction ITcse
d liubber Backets. Pipe, Nozz.e,
cre and Patent Coupling of all kinds
feb 21
wOncch
INSPEOTOR OF NA.VAL. H TORES, COTTON, Ac.
' WILMMOTON, W. C
OFFICE AT JOHN O. BEYER'S STORE,
would inform his Mends aud old customers
that he has qualified as Inspector, and solicits
their patronage. .
jan 13 w.-tf
WILMINGTON MILLS,
wiiiiiiisaioi, n. c.,
r o '5,M of Y-ULOV PINE LU ttBER fur
niahed for anv market at short notico.
Ail kinds of PLANED LUMBEli always on
Land. Also, LATaa, BKtV- &a au-
dec 16
OPINION OF HON. 13. F. MOORE.
Robert P. Waring, Esq.:
1 have reecived jt.urs req-iesting my
opinion npou the question, whether the
people can Lave the rightful powtr to as
semble in convention an 1 alter their on
stitution, unksa fnch convention t-hall be
jallt-'l (rtccordu g to the provifiona in uiti
cle XHI of tLe mate constitution) by the
ganeral asf-emblj, atd then "by tbe coa
curreuce tf two-tbirdi of all the members
of ech bouse ?"
Sly opinion opon the same point has
been rtqes-.tid by muny others of my fellow-citizens.
Under 8uch ciicumfctances, and in view
of a ma ter eo deeply involving tne great
political rights of tbe people, 1 feel tuat it
would be a default of duty should I with
hold any inform tion I may poc8e.s apon
a subject s- interesting to tho public.
The conclusions which I have formed
upou this fcubjec" result from uu undevia
ting " recurrence " to tbe fundamental
"principlts" of cur government, which
place aii -o.vtr in tbe people of the Stale,
subject only to thoee lettraints put upon
that power by the eoutitntiou and laws of
the United 8tato3.
Under the present form of our fctate
government I hold, with the "Declaration
of Rights," ' that all political power is
vetted in and derived from the people ;"
thit all government, of right, originates
from the people, and isfouudtd upoa their
wil only ;" tLat " the jjsople of the State
havrt the inheren. sole, acd excla-ive right
of rc gulating the internal government aud
police thereof, and of altering and abol
ishing their constitution aDd lorm of g jv
crumtnt ;" Hbd that "every sucit right
thould be exeicied in pursuance of law,
aod CDcsisteutly with the constitution of
tho United StaUs."
A'-knov.ledging the exiitoLce of thfse
fuudamentiil principles, in the fullest lati
tude consistent with their reasonable con
struction, I thai! proceed to apujy tbem
in solving the question under consideration.
Ail laws, made for tho government of
the people of the S'.ate, aie properly divi
ded into two great clas.ts : 1. Those
which i.re miido by the people in their pri
mary capacity, while acting fcr themselves
through unrts'.raintd hgents, and repre
senting tho people ta ful'y as tbe people
could represent themselves were they per
sonally prestnt ani acticg. Such of this
clats of Jaws us irj not subjtCied to repeal
or modificjition by the general assembly
constitute what is termed the constitution
or fixed lane, that is, laws fixed until thty
are annulled or mod fled by a power as
supreme as the power which made them,
namely, the people themselves, acting in
their xmmy capacity. 2 i'boio laws
which are made by the people, tbrough
their repre entatives acting for them under,
aud in subordination to, the constitution
or fixed laws ; these cocscitute wu6 are
usually termed laics. They aie repealable
by the same authority which made them ;
and it is r;ut cf the power of that author
ity to remove such Jaws beyond the reach
of that authority, because tne same power
whieJi miikes a law c'aa unmake it.
Tuo constitution or fixed law, is a letter
bnth of authority and command from the
people to their agents the members oi
the general assembly. By this letter they
are empowered and intruded in their
action. This letter is evtr-spet&ing and
addressing itself to the agents appointed
by and under its provisions ; ana, unaer
the theory cl oar state government is at
all times proclaiming the will of th
people not the people only who made it
vearj or acoi bygone, uus me tiBmg
-r. it r .1 . i . i
nresent people, ii is iuia iiinuaiueuwi
nrii.ciD e wbiou ltspircs tue meu jw whu
c -, -i i
li e present hie. If 1 aoi asKea wuai
- . A T .
,Hvi'..: 1 have tor tuts at-seruon, x answci
in the lantftiaoe of section 3, of the Dec
laration of R guts, ".hat thu people of the
sitat imvA the inherent, sole, and ex-
cirsive right to alter and pbolish thei.
cocs:ituiiou and form of government
And I eav. tint thouah this con-titution
was made by a gtn-ration ef people who
ex'sted wheu it was made, and mat gen-
erauon has passed away and ano hr buc-
ipdd. still tho con- ltutioa has bteu
,lt.itliPr h;!i-ihed nor altered r therefore,
the ure.-umptiou exists, conclusively, that
. ... 1 .1... - . nn
it is as mucu tne wia oi mo pio oui
pr..tion of the te ple as it was of that geu
oration of people who made it fcvery
those who maintain that no convention
can be called otherwise tuan by the mode
specified in article 13 of the constitution.
AU snch provieiors fare alike in principle,
though different id words ; and are equally
at variance wiih the great political truth
that the people possess the inherent right
to alter their constitution.
I can see no eud to ti e intolerable gtiev
acc s which may continually sing up in
new States with tmnll populations, form
ing their first constitutions with such res
traints impo-ed oj the will of a majority
of the people ; and equally grievous even
to condensely populated Htatts, must
be fcuch restraint: iu the progr tss of .the
age.
With all proper respect for the r.pmions
of thote who may differ from mine, I am
cens'raiued to say, that the abturdities in
volved in t-uc'j a cona'ructicn with the
guarantees of a government according to
tho popular will, t o often repet-jd in the
onuitution, forbid me to euttrlain a
d ubt, that the privilege of the people to
exercise their inherent right of .sel f-government
remains unaffected by the firbt
section of article 13 of th iitite Constitu
tion. I do not intend to assert that this
section of that article is iuoperative. I
shall turn to its consideration pr-tcntly.
But I freely declare it as my opinion, dts-
jberateiy arid mich cout-idered, that even
if that ai tic. e had been so worded as to
remove all civil ts to its meaning, by de
claring iu expiesi words, that "the people
t-hould not assemble in convention other
wise than as provided in that section," the
provision wouid have been ilestitute of ad
obligation. For, I maintain, as a carelinal
priuciple in tbe broad self-go ver ment by
univertal suffrage, where each provision in
the fixed law owes its original existence to
a majority, that every eucb provision must
depend, for the coniijuatiou of its exis
tence, upon the same will which created it,
namely, tbe will of the pretnt peoph ; that
that will cannot be crushed or impaired in
its strength by the pa'jfc creating will, that
the work of the tiret will is as much sub
ject to change by the second will, as it was
to be moulded by the firt wi 1; and that
every elevice. by tho cheating will, to da
throne the future will of the people, or
smother its existence, or command it into
silence, is a fraud on the inherent right of
the people to have their vi!l, aud to live
under u government of their will. To
hold otherwise, is to maintain that the peo
ple may bo defrauded of the right of self
government, under the pretense of protec
ting constitutions from changes by the
popular will I ! !
It has been suggested that the Conven
tion of 18G3 has conferred on the Legisla
ture no express power to provide ways and
means for a-certainiug the will of the
people to have a convention. If that be
so t-tid if the people have an inherent
right to a privi ego, guaranteed by the
constitution, there must be sime mode oi
imparting practical life to that privilege
and securing it i fruits. In every code of
laws, where right is proclaimed and no
special remedy is provided, one is allowed
by implication, and that one is selected
which i3 most adaptable to secure the
privilege. Every person concedes that
the General Assembly is the fittest, and,
indeed, the only fit instrument for that
purpose. In all oises of similar defects
lil defects they may be called in the con
stitutions of the State?) the duty of mak
ing provision to ascertain the popular will
has been assumee! by that branch of na
tional power without question in this State
oi its authortij- ix euob ises until recent
ly. Certainly, if in the absence ot rxprtsa
J .. ii. -i.r U
provision, there ue any amuority ior uuu
purpose, none can Da so appropiiio t
the legislative agents of the people them-
Scilves. This power j the uegisiaiure, io
provide the means whereby their will may
be kuown, nas oeen recognizee iu
Stito as well by the Legislature of lod,
ft4 hv the convention which as-emoiea in
1835 snJ formed wnat is now arcicie w ui
tl.e present constitution. I need uo high
er authority for the ex stence of such pow
er aa it fctood undisputed and unquesuon-
ed bysush jurists as Judges Lanici, iouui
er and Seiwell, than the openly declared
opinion, in their presence, of wiumni
Q-ton. In tbe caseot juiner vs. uuruen.
7 How. 1, the power is cjneeded to tn
Legi&la:ure by the Bar and the court.
f5ut it is my opinion tnat tne exisisuce oi
such legislative power in this tstate toaj
well be asserted under seotii n a oi mo
Declaration of Bights a part of the cju-
stitution itself. This section, after declar
ing that the people ot the &tata have an
inherent ribt to alter their constitution
and forru of government, expressly pro
vides that "such right should bd txertisau
rational niiud assents to the coirectnes of iQ pursuanCo 0f Jaw and consistently with
this cone usiou. But how can this be tn(j COQbtitution of the Uui ed Statue."
true, if a majority of tho present people iQ pursuance of law." What law ?
45 6m
vomuCAtKs.-A varia or n-i
A iadiscretion, caasinjr nervous debility, pre
mature decay, etc., having tried in vain every
advertised reosedr, has discovered a simple
means of self cure, which he will send free to bis
fellow-sufferers. J. H. TUTTLE, 78 Nassau St,,
49-wCttO'i
ciuaot afSdmbie ana aner a couumuuuu
wl.inlv a maioritv of the people of a past
.eneration as embled aud made ? Is not
the establishment of a c on-titutjou a po-
i not all bucti OJer
111 llQi ayu , - - ' - .
vtxtrA us fullv in the ir-sent grneraiun
it was iu the past ? Is not the will ot
the people as sacred now as it was a tar
aero ?
To this it is answered, thtt thi propo
sition is theoretically true Kill cannot be
questioned in the abstract, but thai those
people, who, iu a generation bygone, as
feitad these goldea truths as tbe lights of
maa and gifts of God in order to protect
the fixed law, which they then made, and
these very rights and gifts from the rah
hands of all future generations ci the peo
ple inserted in that very fixed law a pro-
vision, wnereoy wu uu t
i'el all means for asciitaiuiDg whether
"the peopla of the btate would exercise
their solo, exclusive aud inherent light of
Edgecombe has contributed three more ajteri3g their constitution," and thus en-
joy the benein oi iuesj
They made it (ss thia answer) a part of
ft,a -,l taw. that "no Cjnveation of the
people shall be called by the General A
sanbly unlets by the concurrence of two
iuiAa f ll thf. m-mbers of each House
ua HAnprnl Afsemblv." Therefore
111 IfUW - w
New Yot k City.
Jan 13
ALL KINDS OF
rB WtHK
EXPEDITIOUSLY
HXEJUTED KT THE
'CUBNJtX OFJMCH
convicts tc the Penitentiary.
A steam saw mill, fash and blind factory,
planing machine and moulding machine,
have been recently put into operation in
Winston.
The dwellincr house of Mrs. Martha
j i m aaa w . .
Fu'ii, Stokes county, was recently acci- j 7oooClnde3 this ans.ver) it is cUar that tee
voice or tne people is
dentiy destroyed by fire.
Fonr additional assistant Revenue As
sessors have been uppointe 1 in the 5th
Congressional District of this State.
A Sir. F. P. Cavaoah, of Leaksville, has
invented a very ingenious machine for
throating " ax handles.
Mountain Creek Postoffice. Catawba
county, has been re opened. Wilson Ga
briel, Postmaster.
William Mitchell, one of the oldest and
most esteemed citizens of Rather fordton,
died on the 21st inst.
tmrtr i chock fall and no
more convicts will be received there at
present.
Eleven colored Republicans and two
whites, publish a card in the Carolina
Spartan, withdrawing from the Radical
party.
The Rutherford Vindicator announces
"daily accessions to the conservative ranks
forever hu-shed, and
i
,kqd qta fnrhi.iden to exercise tueir xnLer-
-;v,e iinic pichtv members of one
Hoase, consisting of 120 persons, and
.i,;tc.fnnr members of the other House
consisting of 50 persons, tl all allow them
the people the priviiege ci altering iuc
law fixed by a bygone age of men.
It is "equally manifest, and is an undeni
f this doctrine, that, if i
nflnlTnn shonld ever become as much
pleased with its fixed laws, as was Iiycur
tv. tii infttitutions framed by nim
" w . ' i q
lor Sparta, sach oonTenuon wuaw
lutely prohibit all changes in their self es
teemed work. Perhaps, to aimmiau mU
force of the absurd conflict with tbe pro
claimed rights of tho people which sncn a
provision would present, they might pro
vide that no convention should be called
unless nine tenths of all the members of
each house should concur. Or, if tb.9 ques
tion were left in a vote of Che peop'e, they
icrhf. rrovide. that thera should be no
ftlortinn.ot deieKaitt-', uuiuss ume wuiud v
Whv. such law as might bi provided tor
that pnrpoee by the iegisiative autbonty.
If the fraaiers " had iu'eudad t limit ti e
power of. altering it to the pt-cifi-5 mode
prescribed m article iooi miuiun inuit u ,
he form of txpressiou in 'ceotiou 3 f the
Declaration ot itight wouid mauifes'.'y
have been 4ii'i pursuauce of the contt t i
ion of the rtate. and consistently wun
the oom-tuuti.u of ttie Uuitei iataes.
Tha ue of tLe term law ignore.- tho idoi
that the mode of alteration was lnttmu-u
t: be confined to iha mode spocined oy
the cou;itutiou Luose, as in many re-
speots, is the language ci iuui msuumcui,
it can hardly be supo eu, mat huuo i.
ramers were -o careful in guarding agains
a coilision with the consumuon oi me
fTnitftd Statos. they we-e & gr.ssiy remiss
in ovtrlookinir a colli-ion with the cousti
..i.r. if tun Sr,ate-(evea deserting hb
r,ivpral aopellation of cocs:itution and
calling it a law) if they intended to set up
that instrument as inaouij gu.uo m auj
proposed change cf i s irovitions.
D(ihtlK. the framera of ttiis section
t1 'which was nnkn'on to tne ccns.icu-
lioa before 1863.) Lai in mind the ode-
u.,trl nnUvfnl attemot made in lOii-i
h Ttnrr. and others ci;izet-s of . Rhode
Tltof! tn nhanere the form of government
in that State, without any law passed for
that purpose. Tbey und.rtooK io ao mis
nf thfi oeoole. whether qualified
voters or not, assemoieei at meir tan, u
voting without any law pastel for that
purpose. This mode was declared illegal
and revolutionary, and was decided to be
an usurpation of power by the courts both
of the State and the United States. After
this revolutionary plan for altering the
constitution was defeated, the legislature
of Rhode Island, in obedience to the voice
AAaA nnnnlar wilL passed a law
Ul U UCVIU"" t' v t i
providing a mode for the people io can
convehtion. And " in pursuance oi
Ko AA on.l a convention, which reform-
j - - - - . ,
ei their conMiiunon io sm uv upu
v;ii rVi Khorle island case ltiusirasas
fullv!the natare uf the rieht of the people
v,nnu n.ftir constitution " in pursu-
lu . . u'
anca of law and consmenuy wim iuo
stitutioQ of the United States." s
In mV judgment I might here rest the
to the proposed changes of the oonst'ti
tion ; but the qu; stion has been asked, Of
what use then is section 1 of article 13 ?
The same quts'ion was presented m tbe
convention of 1835, and was atswercd by
Mr. Gaston, in substance, That the an
thoiity conferred iu that section was not
intended tc limit tbe power of tbe people to
call a convention, by their vo'es in purtu
ance of law passed for that purpose, but to
allow tho Legislature, tco. to call a con
vention wheaevor two-thirds of all the
members of eaoh honsa shonld colcut s J to
do. It w'rts then deemed true, and we
oisy assume it to b9 true at all timef, that
whenever etghfy members of a house ot
one hundred and twenty, and thirty fonr
member's of a Louse of fifty, all elected
upon the basis of numbtr.s and fresh from
the people, shall concur ia voting for a
convention of the people, the vote will be
in full tcsordance with the popular will.
With the overwrtlming proof of this will
which tuch majorities of the representa
tives of tbe people would exhibit, it would
be, manifestly, a sjperfitus and needless
wjrk to fesi of the peopld whether they
wanted a convention. Common fecie
teaches us that it should be called at once
by the people's representatives.
The manifest difference between the two
mode- is, tnat in the former case the people
determine for themselaes, ss they have a
right to do even in doubtful eases, their
will whether they desire a convention.
In tbe latter cafe that will is presumed to
have b ea fully determined by the election
of members ; and the Legislature pro
claims it and proceeds at once to irovide
tbe menrjH of giving it effect.
In tbia light section 1 of article 13 was
viewed by tbe convention of 1835. If, as
argued by some, this section was intended
to deprive 80.000 voters of the privilege
of changing their constitution because
over 40,000 of the political equals would
not consent, then the government is an
oligarchy, both in form and practice, end
the fervid declarations scattered through
out the Declaration of Rights, "that all
men are created equal ;" that "all political
power is vested in and derived from the
people ;" that "all government is founded
upon their will only ;" that "they have
the inherent, sole, and exclusive right of
regulating the government ;" "of altering
and abolishing their constitution and form
of government ;" that "all elections ought
to be free that "no property qualifica
tion ought to alltcl the right to vote or
hold office : all all of them are but beau
tifnl flower, strewn bv the hand of the
artful demagogue, over the tomb of popu
lar riehts.
Although it be true, in contemplation of
the constitution, that the members of each
hoose are presumed to represent the views
of their constituents, it would be unwise
to conclude, therefore, that whenever a
bare majority of the representative may
desire a convention, the peop e desire one
also, and call it without consulting them
because experience has often taught us
that a majority of party representatives
mav be elected by a minority of the whole
number of voters. Henca it would be un
wise to allow a mere majority of the mem
bers of a legislature or even concurrent
mere maiorities of both housee to call a
convention : but, certainly the spirit o
the present constitution forbids all idea
that auv griavance can result from the
rflonle's beine allowed to vote whether
thev desire a convention. For, if the rep
resentatives should, at any time, be remiss
in nrAnnrinc the means in exerctsinor this
M . . 1 . . . . r cita.l " coet)01l)ie
fiSL . L f wU,.w. ror their common
goo l, to instruct their representatives and
apply to the legislature tor redress oi gnev
ances ;" and we are, moreover, assured
that to aid the people in this, "elections
should be often held." Conventions au
thorized by law, and instructed by tho law,
under which they assemble to make speci.
fic changes in the constitution, have a no
table and recognized precedent in iuib
state. It was wrong to suppose that any
truo lover of liberty will deport from such
instructions aud seek tu make any fixed
law without the full popular sanction. Mr.
Gisto'j.in the csnventionof 1835, expres
ses my views in the following language :
"According to ibeheory of our govern
ment, a 1 political power was derived from
the people, and when tbey choose to make
a grant of power, that thy might mike a
rionarv nr a rs rictad craot, mieht give
; ..it 4 ,mit The L.t-Bislstate bv the
lb nii a iu f-' - o - .
art i.rono-ed to the people a convention
r,Arw. reatric ioLS and limitations
a-a-'-'---
t furth in the no . It was ps it oametiom
the Legislature, no more than a proposi
tiou or recommndaii n. It must origl
natt p. mo where; with n. b dy could it
have oiigmated with so much propriety as
ia that wbu:b represented lae pop.e ior
i nriins-s. The proposition hav-
r
in? be li Biucnone, it became an
the p:M-pie; but it has beeu
nreni flv a. it wasproposed.
Ven'icn as is prop, se i iu tin aob of assem
Hiv. nd n other, has be-n called; and
j . - . , . .
heri-forr, that : ci, s; eaooiuutu, uiun
n-eniawi -8 our puwr i ui ...
irat -s.-eod thr limits or reiuse uuouiouvo
to the conditions 'herein provided, wo are
cot the couvtution called by the people,
but a h- if-c uititu ei body."
In o uj i.s od, I denre to s iy, thao l cor-
didiv u Jorse the provision iu our couan-
t-i.iou, that tbe right to change me con-
titution "should be exerei-.ed in pursu
ance of law;" mid s the legislative power
is vested in ho general asemoiy, mat
h,dv alone has tbe unquestioned power to
make a law whereby the people may exer-
iA thir "inherent, sole, tu exciueive
ht t.i altnr and abolish tn-ir c nsutu-
tiou."
t am, respectfully, voais,
B. F. Mooke.
THE OHIO DEMOCRACY.
fcCi Ot
saodtioue d
Such a cou-
peeeti of Hon. C. L. VltadIgUam.
A full and accurate synopsis of tbe reso
lutions proposed by Mr. Vallandigham in
the Democratic Convention of Montgom
ery county, Ohio, on Thursday last, and
unanimously adopted by that body, was
given by us in yesterday's Journal. The
following report of Mr. Vallandigham's
speech, upon the occasion, will bo read
with inteiest.
Iu reporting the re-solutions, Mr. Val
landigham said:
These resolutions, Mr. President, soffl
cieutly explain themselves. The princi
ples and pjiu'i-s which they enunciate re
quire the honest censure of those only
whose hostility is sincere. Carping criti
cism wo both expect and condemn. For
more than two years pa t the bitter and
bloody pas-uons of war l ave been gradual
ly bat steadily and surely djing out. Con
tinual and irreconcilable dissent upon the
new issues necessarily boru of to-day, and
even bitter personal discord among men
of tbe Republican party who had stood
together on the questions of the p'St, in
evitably follow d. The Democratic party
wisely remained eilent or confined itself to
these new issues. The Republican party,
having fulfilled its original mission, was
rapidly falling into decay. Moderation,
ustice and peace were besoming to its
more violent leaders the sentence of death.
Tbe Administration party, into which,
since the 4th of March, 1869, it has been
wholly transferred, had begun, from causes
thoroughly understood, to be odious and
even intolerable to the people. Upon tbe
issues of amnesty, cf honesty in
tbe legislative antl executive depart
ments, of the tariff, of revenue
and civil service leform, of land grants
to corporations, the currency taxation.
St. Domingo and other similar questions
it was cert iin to be oondemned. Neces
sity required that some decisive move
ment should ba mada to avert tho impend
ing defeat, no tne statemer, out tne
mere politicians, the syoophants of the
party, the parasites clinging to and deriv
ingiaurture solely from Exeoutive favor,
were cauea into council. ine xouroons
of the present hour, the men who forget
nothing, learn nothing, resolve upon one
more appeal to the expiring passions and
prejudices of their psrtiaans. The war
cries of the past, of civil war, in fact could
not again be inaugurated. Civil war in
form, with all its legislative and exeoutive
machinery and all its political appliances,
must be revived in every State to secure,
first, tho renomination, and next the re
election of General Grant.
The belligerent proaunciamento went
forth, the bloody blast of the war bugle
was again sounded. A distinguished Sena
tor, the confidential adviser and main sup
port of the President, himself a consum
mate partisan leader, but powerful in pro
portion to tho nnskillfulness and cowar
dice of his foes, was put forth as the chief
fomenter of tbis new crusade; but I say to
him, and, and to all behind him, that the
hour has now come when neither he nor
they can be permitted to provoke or to
dictate issues for the Democratic party, or
to ignore those which the revolving years
and changing condition of the country
necessarily bring forth. That which since
!S6v?uhpao9nb bfhS auipVoious' moment';
tbe golden opportunity, the tide in the
affairs of men to be taken at flood, has
now, in my deliberate judgment, reaohed
us, when the Democratic party of to day,
laying aside every weight and shaking from
it the dead body ot tne past, yen aanermg
to its ancient principles, can and must at
one bouud place itself upon the vantage
ground of the present and defy its cne-
mies to biuio upon me living issues oi ino
hour. It is the purpose of these reso
lutions to establish the Democratic
party of Montgomery county openly
and squarely upon this firm and impreg
nable basis. Tacitly and in fact we have
stood upon it for the past two years, and
victory has steadily been, ours, Coafideot
I am that we shall roeat a prompt and very
cordial response from our brethren else
where fti d evervwhere in this aud other
Svaten. Peisjnally, I care not for denuu
ciatics or ui j ist criticis us from any
mirtt-r. Uoon fullest de iberations and
-imole CoU with wise and bravn men of
the party, I tke the responsibility with
Drido and pleasure. I adel, too, that as
these resolutions are tbe fruit of the joint
labors and counsels of tbw gentlemen as
sooiated with me here at home, eoalsotbis
movement meets their hearty concurrence
It is not a new deparfure, but a return
the restoration of the Democra'io party
once more to the ancient piattorm of pro
gress and relorm. istablishing the great
fact that that party, like every thing else in
nature intended to endura, is capable o
adap;iug itself to the perpetual growth aue
Change which belong alike to the poiltica
and physical world, and retain yet inaat
the origiual principles and laws of its be
ing. Moreover as to the movement here
wo ail bear witness that in it there is noth
ing of a merely personal character, either
to advance or to hinder any member of the
Democratic party, and nothing except the
earnest and fixed purpose to promote tna
welfare of the whole party, and with it
the whole country.
From the Memphis PresbyUriau
THE GENERAL A8SEMBLY.
or THE
PRESBYTERIAN CHURCH
or THE
UNITED STATES.
OFFICER3 OF THE GENERAL AS
SEMBLY. Rev. W. S. Plumer, D. D., Mod rator.
Rev. Joseph R. Wilson, D. D. Stated
Clerk.
Rev. Wm. BrowD, D. D., Permanent
Clerk.
The hour of meeting, 9 o'clock, A. M.
Hour of adjournment, 2 P. M.
PROCEEDINGS.
FOURTH DAY.
Monday Mobniko, May 22.
The Assembly met at 9 o'clock.
A report from tbe standing committee
on Theologioat Seminaries was received
Report adopted, but not unanimously;
The Committee of Bills and Overtures
would reapectfally report overture No. 2,
from four ministers and eighteen ruling
elders within the bound of Wilmington
Presbytery, prajing the Assembly to take
the constitutional steps to amend the
Book of Government, chapter 9, section
4, in such mode that each ot two or more
Churches, united under one paator, shall
have representation by a ruling elder at
the nam time, in Pretbytery or Synod.
Tbe committee recommend the follow
ing anawer : That tbe Assembly of 1868
did duly propose snoh an amendment to
the Presbyteries, of which only nine made
any responses, that the Assembly' of 1869
did then upon urgently rtquest of the
Presbyteries a decision coooerning the
amendment, and yet, ia 1870. returns were
obtained from only twenty five . (8ee
minutes, p. 53 ) This Assembly there
fore presuming that a majority of the
Presbyteries are not in favor of the amend
ment deolinee, at this time, to renew pro
posals to them.
air. John McLaurin explaioed that bis
Presbytery never knew that snoh overture
bad ever been Kent down lor their action,
aud tbat he felt that he had a right to
c mplain of somebody or something. ,
Here was one evil. His Presbytery .asked
for its cot reot ion. lie is told mat an
amendment for i s correction hat been
r . -r- .1 nvuitnrii tn fliAtn TTnt ha ha.ri nAr hpard
Wilson, as protessor oi i'atorai . ' ' J " wm
11 m T T?
7 of it.
-nu !.:.... i c 0- tho. The report was adopted.
A?Z2EE- n 5h Vit 8 "" I 0.e,tar. No. 3. from th. HMhil1.
- i pregbytery, praying the Aaaemblv to or-
thb eepobt. I dain a general rule requiring all Lioenti
That for the ensuing term Henry Mul- ates to epend two years in missionary la
ter, Eeq., of Columbia, be appointed bor berore becoming settled pastors or
Treasurer of the above Seminary, and the supplies. Your committee respectfully
following as Directors: Rev. J. Lei ch ton recommend the following reply :
Wil-on. Rev. John L. Girardeau. D. D.. The Book of Government, chapter 15.
Rev. Donald McQueen, Rev. E. M. Green, 1 section 1 and aeotion 9, gives to any oon-
Tap W.' Bones. Esn.. I trrecation the rieht to extend their caatoral
Hon. .T. J Greaham. Hon. Jas. Hemphill, call to aDT probationer, "When be shall
Samuel Barnett, Eeq., and S. E. WiUon,
Esq.
Rev. Dr. J. S. Wilson made a partial re
port of the Committee on Foreign Corres
pondence.
Rev. J. T. Hendrick, D. D., presented
report of the standing Committee on x or
eisrn Missions, which was accepted.
The Committee on Foreign Mission beg
leave to say: That they have carefully
examined tbe reports of the Exeoutive
Committee, that of the Treasurer, and the
minutes of the regular meetings, and re
commend their approval as clearly evino
ing the great diligence, fidelity and energy
of the committee in the discharge of all
the duties entrusted to it.
They would also recommend the adop
tion of the following resolutions:
f. That we gratefully acknowledge the
coodness of God in the. prosperity and
success with which he has crowned the
abors of our missionaries during the past
year.
2. That the Providence or uod seems
already to demand of us an effort to raise
the sum of fifty thousand dollars, to bus
tain and carry forwaid our Foreign Mis
sionary operations during the ensuing
vear.
3. That in order to accomplish this it oe
enjoined upon all our Presbyteries to tee
to it that every Uhnrch be urged to con
tribute to this cause tho sum of fifty cents
for each communicant.
4. That diligent efforts be made by our
L'WTr rfaotJaflT fccnoolSIK 7ntt $VaY weU
have preached so much to their satisfac
tion that the people appear prepared to
elect a pastor," and authorised the Pres
bytery having jurisdiction of the case, 'if
they think it expedient to present the call
to him." While this Assembly highly
oommend these missionary labors as
means for testing and training tbe gifts of
probationers, of spreading the gospel, it
does not deem itself competent to take '
away the above right from tile Churohes,
nor the discretion of the Presbyteries.
Rev. A. W. Miller, V. .. offered the
following resolution :
By conference among the North Caro
lina delegation there in a prospeot of a
eatisfaotory adjustment of the matter now
before the Assembly in the form of a com
plaint of the Presbytery of Mecklenburg,
of the action of the Synod of North
Carolina, leave is asked to withdraw said
complaint. Adopted.
Closed with prayer by Rer. Edward
Lane, Missionary to Brazil.
DEMOCRATIC1 OONSEBVATTVB OBfJAHIZATIOH.
EXECUTIVE VO ii MI TIKES.
CENTRA li EXECUTIVE OOMMITTEK.
Bbaqo, Thomas, Raleigb, Chairman.
Merrimon, A. S.,
Bledsoe, M. A.
DeOarteret, J. Q.,
Moore, J. H.,
DISTRICT
Busbee, C. M.,
Lttchford, J. J.,
Battle R. H
of
d
po
venraus, ruler of -parta. charmed with thf
be.nt arid great. es of hi roiiucal eatabhsh
h,...n,Jrf,.. uito uiaka it imm. rtal aid
'ixrr it ci w.i to w Jaceui lima, x iu "-
H 11 -S a :c " aa - -i
r ti tin fti .arii A. 1 1 : 1 11' 'ZJIiB. LJftt IU - J
1)1 &l I li VJ l-lliOV ww--- v , - . .
H,,t wnnd Lid bv the exifatiurf estab
iiil te ebon d return frcra JJalptii,
. . . u,. DJ tiin o-oir f Tiii-h thtt oecreti.ur-
nni nor Tt . r ol
,nri.in. He never returned,
roeo ,ii.r1yr,trl tho nniait imyd-
rT, Mn.aco man ever questioned their right
to do eo. '
LServailVO iniiao i VI" "1 1.1 .
of honest republicans who want peace and the registered voters
reform." F lEachol Bnzh proTWions xs defended by
Boilers
" " : i " . i: : . :i T
' V" - nt the nniFPr nff the I nnti many iive iu t'"'
argument u m - u ' bx marvellous that only one man
legislature IO uiuuuo l . ,TTj lltimnra Arnimritan.
Iha neode may express taeir wiuxftiegara 1 8Uiu,-..., ,
The DanKe'a from Steam
Tri burstine of the boiler of the Alph
steam-hre engine yesterday morning.
.L- a ohmitv tht over 03K jar.
mtj bj , 1 r t
,aa nnRA mjre srousea ine uoouio j
m',iiv to a sanse of the danger to which
ur ftoTrstsnt!v exposed by the use o!
steam boilers. Tbey are a necessity to
civilization, without wnion iue S1";"
ti.rx orra p innnr, no iin.fstcuica , uun
- o-r- far.tarra rf Tlk ADTjeatS tO in
:t.u. attanA thpir np. araint which no
evitauij . v - -
rrlirtur? iraaence can proviur
whole theory of boiler explosions appears
. KQ Jnrdved in inexolioable mystery.
tboe attached to steam
fire engines ought to be constructed and
with the creates care. Every
iiiiuuiw " a m
v.ov are tint in action a great crowd
,a1h -i around them, and an explosion j
xn mis ciao i
was
Death of One vf Ue Maryland La.
John Lee, Esq , of Needwood, Freder
ick county, Maryland, died in New York
on the 17th infctant, aged eighty-three
vtarf. Mr. Lee wai the son of Thomas
Sim hie, Governor ot JUarjland during
the Revolution. He wa well known and
much respec ed in publie and social life in
Mam laud for more than half a century.
tie was a representative in. Uongresa trem
his district iu Maryland tut the term end
ing March, 182a, and served as bi-nator
and Delegate iu the Maryland iigisiature
for a number of yearn, rie was descend d
from Secretary Lee, ol Virginia, tnrongu
his grand on, Pnillip Lee, who came to
Maryland, and was a member ot the f ro-
nr Plnrs' (Jouneil in the latter mrt oi ine
seventeenth century, ine decr-aseo, iur
John Lee, was born in tbe year 1788.
as tho most effectual means of training
them for God and future usefulness.
5. That the monthly concert ot prayers
which has fallen into neglect in so many
of our Churches, be revived as the most
fit and effectual way of imparting mission
ary intelligence to the people, interesting
their sympathies, collecting their offering,
and securing by united prayer and suppli
cation, the blessing of God upon our Mis
sionaries, and all our efforts to promote
His glory. .
6. That tbe Missionary ue reoommenueu
to all onr ministers and unurcnes as con
taining the latest and best mhsionary in
telligence to be had.
7. 'that the following persons db ap
pointed ai tbe exeoutive committee of
Foreign Mission for tne ensuing year.
-r -r TTT I r r T . n
VIZI Itev. J. Aj. Wilson, ixy. a rui. ur.
Woodrow, with Rev. Dr. Georg Howe, J
B. Adger, Joseph R. Wilson, A. W. Mil
ler, J. L. Giraideau, Donald McQueen, J.
A. Eualow and J. A. Ansley.
The report of iho Committee on Syste
mati Benevolence is as follow .
Yonr Commit'ee on Systematic Benovo-
lauce bez leave to present tho following
as their report in part:
l-,a.rl nnder con'ultation the
memorial on Systema'io Buevulence from
the Eat Hanover Presbytery, and moved
by tbe fact-, presented in said memoiid,
and the tuifcr'Stions and prayers i f yonr
TOHmoriali-ts we earnestly recommend to
tne Afcsembly that a p. ciul pastoral letter,
on the great ud important kubjeot of his
tematio b-.'uevoleuce, embodying tbe
nniniR in said memorial, be addrt-S'-ed
from the Ast-embly to the Synods, Preeby
terieH and Churches under our care; and
that onr Presbyteries bs enjoined to re
quire their pastots and missionaries .to
read said pastoral letter to their respective
congregations Adopt-, d.
Tiift f., nwtner laets. amonff ciuers, were
prc-sentcd by the Cjmmittea on Education:
The receiots during the pst year have
been 818,871; balance cn baud at the com
mencement of the year maamg in
all $19,08. The whole numoer ci tin
dents under onr care are 121. Increase in
collections, $1,502; n number oi students,
Thus we can again report progress in
the cause of our work, which hae been
continually advancing 6ii;ce tho close oi
the war: Iu 18bU we had 1 canaiaaie, iu
1867, 14; iu 18C8, 43, in 18Gy, 7'J; in iou,
108; in 1871, 121. , . a.,
KJUl UUillllUUlluua - .
W raist-d in theyeiTi 100O. 414,
!Rfi7. S1.CC7: 18C8, S3. 110; ibb'J, ll,a;
1870, $17.SGJ; lowi. if.o' i.
Ti-ir it al x aris auu .vir. xju wa.ru uic
dell, delcgt tea in m tne via ccnooi dju w
of Missouri, were invited to aauress
Assembly
t hn Committee on Bills and Overtures
vould ie-pectful!y report to the Assembly
Ocfiture No. 1. from the Presbytery of
Augusta, praying the Assembly to rescicd
the li.xaminat.iou ikuio ui awcmui;
of 1857.
Yonr committee recommend the follow
ing answer in the word of the Assembly
of 1849 : 4,lhat inasmuch as the General
Assembly must have power to eDjcia upon
Preebfteries the performance of any duy
COMMITTEES:
FIRST DISTRICT.
Cabtkb, D. M., Washington, Chairman.
Ransom, M. Wt Jackso
Winston, D. 0.", Windsor, . .
Cure, M. It., Gatesviller' ? ' "
Moore, J. E., Williamston, -Shaw,
W. B., Currituck C. H.
SECOND DISTRICT.
Kenan, Thos. B., Wilson, Chairman.
Hughes, John, Newborn,
Morrisey, W. G., Goldaboro.
O'Hagan, Chas. J., Greenville,
Jeffroy, A. V., Beaufort,
Nixon, B. W Jacksonville,
Wooten, J. F., Kinston. :
THIRD D1STBICT.
En 3eijHabd, J. A., Wilmington, Chair
man.
Faller, T. C, Fayetteville,
McKoy, A. A , Clinton,
Wall, U. 0., Rockingham,
Norment, A. S., Lumberton,
Mclvrr, J. D., Carthage,
Ellis, J. W.. Whitt viiIh.
70TJBTQ DISTBICT.
Plummkb, E. tl , Warieuton, Chairman.
Amia, J. H., Oxford,
York, It. W., Morrisville,
Cooke, C. M.t Louisburg.
Leaoh, J. T., Leahburg,
Drake, J. A.. Hilliards on,
Strndwick, F. N., Hillbboro.
Kirrn di ttuct.
Mobbhead, Jas. T., Greonaboro, Chair
man, Robins, M. 8., Aheboro
Scales, A. M., Wentorth,
llill. JocjI F., Wilion's Store,
Hubbins, Frank C, Lexington,
Krr, John, Yanoeyvill,
Jordan, Iieory T., R'Xboro.
SIXTH piSTBICX.
Bbown. J. E., Chariotte, Chairman,
Armfield, R. F., StaWviUe,
Bohenck. David, Linoolnton,
(jowles. W. H. H., Wiikeaboro', ,
McNeill, Dr. G. C, Catawba Statioo,
Henderson, Jno. H., Salisbury,
Dobson, Joseph. Yadkmville.
6EVESTH DISTBICT. . ;
Avebt, A. C, Morgtntou, Chairman,
Cocke, A. M., Ashville,
Love, J. R. Jr , Webster,
Neill, Q. F., Jefferson,
Gadder, Ja-. M., Barntville, i
Durham, Plato, Shelby,
Gash, L. ti., Hendersonville.
rtn. Ifnndrtd and Slnctr-rl
far Reforming; the Tarllf.
As one scandal of onr oppressive tariff
we present below a list of one hundred and
ninety five articles on which h revenue of
5140,040, 92 was coiiea'eci in iou.
thpA nrtinlea were put oa tbe froo list,
least one hundred and fifty ofheials might which they are confessedly compeieui io
be discharged from the custom-bouso wbo jo by the provisions of the Cors ltution.
now receive an average salary oi ci.ow ftfJ(i jn reqainugvaicn noiiguiiniotinu,
per annum, tons giving
thus ?ivin.? the country
gro saving of 8270.000, and a net saving
of nearly sz'J.uuu per annom.
N. Y. Herald.
Ralof's counsel and printer profess to
have in their keeping RulofTs written and
verbal confession and admission oi mur
der. This confession, It i imeageny
hinted, admits the murder of his wile, dus
denies tiat of hii child, wno, grown vo
womanhood, lives in some neignoonng
ty. These are not all tne mysteries
S 1 y CCl 1U Lli lo tsiunj BUilyuu uuu w.v
mart, which is vouohed lor Dy jitoioii,,wno
authenticatt s the whole thing. There can
belittle faith pot in this announcement,
a, op to his lateat moment, the mnraerer
vehemently denied any saoh' legacy, eave
in Lis book, which he reiiea upon w jus
tify bis wajs to men in tbe future. . x.
Tribune.
On hatarday, 20th instant, Angasta, Ga.,
was vif ited by a distinct earthquake shock.
On plantations about five miles from the
ci'y i In shake was quite bard.
The curront at Bonnet , Carre crevasse,
La, Las washed a deep ohanneIin its
ebort route to the sea." : Wc! pointed to
this a" a pos-ible-conaqoeoce atlh'e time.
I he Preidnt nominated' tbei Senate
on Tuesday John W. D uglas jpf.Penn
svlvaLii n'w Peputy Commiwonx Pf,In
ternul R.- uiu . !o be Commisaoner of
aud nothing coDstramed, tmt w u. Nrti ban Sargent; of thesame
ti m they the PrcsbjterieO had in ordi- tm " , . f fae m
nary circumstance-. ; and inasmuch as IUe - . .
JUlblinCC BnOCSS OI aU cmiuod hob I - nt.Alr,t tn thla wnntil
UU at Toronto1; Quebec. Ottawa, and other Assembly declinsa acceding to this reque.t
plaws in Canad Saturday. at present.
general utility of that resolution is not yet
called in quettion, even by tho respected
themselves, therefore the
- . T .l. j.l..
Th M chusstta iHMwe HiAie
hB 'opt-d an order of inquiry regarding
tho effect the treaty of Washington wiU
have upon the fisheries.