Newspapers / The Weekly Star (Wilmington, … / May 16, 1879, edition 1 / Page 2
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whig WM. H. BERNARD, Editor and Proprietor. Wl LM I N GTQNr N - C. : Friday, MayV 16th,:: 1879. Remittances must be made by Chock, Draft,; Postal Money Order, or Registered Letter. Post Masters will register letters when desired. ' ' zOrAy' WchretalttatiCTs'wffl'be at'the risk of the publisher. ' . : ' Specimen copies forwarded when desired. THE POWER: OF THE -HOUSE. : , i'he question of the right of the House of Represeivtatives r to,' origir- . -ii u;iio Afmnnlv iftavefV. im-'il . , hh, csfoinrarta ftrA fifrht- I ins it strong:y. of authority 18 directiy-Bgainsvwreu. j . . ... . .1 Wi Ui;yriflV iiuoted the opinions: of leading Republicans in the past.) We have aiso xsopiea ire" uiuji we nave a wj what was tne nsageiu - find in :an : exchange 'the following, I" . . m paragrapn, cppiea.irvu - , venth number of the icfora' the; " " ' ? ' a T ' fiFttr.oo- I ioint work of Alexander ider'. Hamilton: and1 James Madison with possibly: the exception of one" or two papers by John Jay: " "r j " ! 1 "The House of KepresentLtivea cannot- only refuse, but they alone t can propose. that powerful instrument by which we be-! hold, in the history of tbe British constltu- ?rJ i I i,mhio TAnrMntfttmn' of the people gradually enlarging the sphere of ita activity and importance, and firmiiv redncinz. as far as it seems to have wished, all theovegrown prerogaUvea of-T f he other branches of tbe Government. j ---- .. . W This power over the purse may, in fact, be: I regarded as tne most complete ano tual weapon with which any constitution: can arm the immediate representatives of I me people ior opiainiBg a rearesa ui cycijt. crriAanf anrt tor rRTTVinff 1DIO eiicCk I avortr inot anil snlntnrv mfiBStin. n - - il I - This is the way the very able .1 Hamilton and the pure and honorable; Madison, the third President, re f garded the matter of raising supplies They are clear and emphatic They understood what the Constitution meant tetter than any one else, as they had more to do in its formation, than any other statesmen- in the country. . - .... We have copied what Wm. H.; Seward and Wm. Pitt Fessenden,' .... - 1 .vl.!'i. . - -i two able and thorough Republicans had to say about it. Henry WilsOn,: Vice President of the United States, during Grant's first term, thus held: " 'The House of Representatives,' says Jlr. Madison, 'can . not' only refuse, - but ' they alone can propose the supplies re quisite ior tne support of tne Government. This decleration is full, ample, complete. ; If the House can . refuse the supplies re quisite for tbe support of the Government; if it possesses this complete and effective weapon for obtaining a redress of every grievance, and for carrying into effect every just and salutary measure, the occa sion surely demands the: full, exercise: of that power of the House, and in its. firm exercise, to use the words of Madison, it will be sustained by . the consciousness of being supported in its demands by right, by reason, and by the Constitution." The late Joshua R. Giddings,whose I name, was a tower xf Strength with the old time abofitionists,held this opinion: ; ' : "I take the position which I have always maintained here ;for myself, and -which I am unwilling, in the midst of nassinc events, to leave ttnproelaimed on this floor, I auu vuat ia, mai me people nave a penect, unlimited control of their own funds. We 3? are the Representatives of the people here, at elections, except for two reasons We are their agents, sent here to deal out : ;,li;;0 fi-if their funds, and it is not for the Senate or : or apon two conditions, viz: farst, to the Executive to say that we shall, appro-1 repel armed enemies: second, to en priate them for any object revolting to the : e j ' i f proper sense of justice and propriety, I ' force section 4, article 4, of the Con lay down this as a principle too old and stitution and the laws made in pur day." , : . Other Republican authorities are; available. It ,.is plain ' enough that J the great Republican lights were I agreed in this , matter.. . The House I has fuU authority according to the J in such, salutary and necessary safe best expounders of the : Constitution, guards as that ? Is there any treason to control the public funds: It is : well enough to understand this great principle. ' ' ;i ? There are so few papers in5 the North that ; appear Vwilling to deal out even-handed justice to the South that we are specially gratified whep we chance to meet with a cordial or fair utterance concerning our people, tfe areoota Burpxisea ana pieaseai when we find such expressions in a I n v "f . x.Fv vv iy at such a wise, 1 judicious,' timely and that we meet with -any opinions in imperatively necessary enactment: -Republican organs that are notuvin- The issue !is . thus made. A motive ana sianaerous. xne- roiiow-1 J.-.l .t 1 m. :.' ... ing f roni the Philadelphia Telegraph is too remarkahle'to be omitted, as it is a : Republican paper. ; It is just and candid enough to say- of the S0Uth:. U- .. .. tlt does not want war, but peace, though there, is no doubt that it does very much wish to retrieve at Washington what it lost before Richmond; it has almost virtual control of Congress solely: because it , Is, for the most part,, represented in that body Z&:u senrS Sus?S Northesds to thViaeVr Senate the sort ofiSe? Wcomposethe ruS Senators and RepresenUtives we would bo pretend to say; but possibly because they ' . L'.xr .L 4ts5 ..i aTcrrL'r" afeunfit for Anything else, and that when the North can find no wcrth of any kind in a citizen it makes him Congressman, It is brains V that v gives; .the South its over whelming influence at Washington brains and Northern doughfaceism.w, The ten dollar certificates are in such (demand- that the,Treasury De-: partmentis.UBabietomeetit.- Aoout J6&0,'000 are printed daily. , 'r J TH B- S ECOND VETO. ,' The message ofjj Rutherford B. Hayes, by fraud the President de facto of the United .States, will sur prise no one who is;fatmliar With his. unstable character,! AT With thede bates upon the bill which he u as thought proper to veto. What is that bill. Here it is "Whereas. Tbe presence of troops at the JaM polls- ia contrary to. tbe .spirit of oar institu- A !in.. nrt the inuiiiiona of our DeoDle. and i tends to destroy lUe freedom; of elections, i "Ab?ff''(Bs2,'. 'V-rrii-ii 'a'hall'Wbti! lawful to bring to or'employ at aby' place! where a general or special eleetiohis being held in a State,: any part t the army, or. navyol.tne umtea waiea,niB bo necessary to repel armeaenemw?i.uj - TTnitAH Stntes. and toll enforce section article 4, vi me uuMiiiuwuu w viv:- or Executive of the State where such force . is to be used, aud so much of alllawsasisj fa tQ beusedt acd so muCh of alllaws asis j inconsistent herewith w -Hereby repealed,"; . We ask our readers to examine tnisj wpll.worded carefullvl wmpaci, weii-wuiueu, i.hj ; vL iJ,, oinVVAn r xrfiuu F -r--r" tben say if there can oe any doubt , ' . its truthfulness of statement? The; M)Knn - ita manmn rr " ito nPHPflSlT-V. Or I . . . . I 1 it intent and meaning are too pointed. Und direct for even Hayes to;.fail to comprehend them. It is a positive, clear, palpable issue. The "Congress says that it "is contrary to the spirit of our institutions and the traditions f oItpeop1efor;iroopSto,be !lt:thei voa when an election is progressing. .. . o xxruJ la not this absolutely true ? Who; eyer heard 0f 80ldiers at elections, ! B'B'UW,U , , , . State and Congressional, before the . .. , ,h CIV" war ana lue " II joommg. into power' of the Radicals ? For eighty years - hAVnnfita learned around the ballot-box, no shoulder straps as- authority; : over freemen. ouuiou T. ilian thr tnmnnn trio HPA. iaration Qf the Congress of the United L gtates correct and truthful when it is solemnly affirmed that bayonets at the polls "is conxeary to the spieit of oub institutions, and the tradi-; tions of our people ?" ' But the Congrfess affirms further that "the presence of troops at the polls tends to destroy the freedom of elections." Is not this true, every word of it? Is there a man, neither false to truth nor hopelessly idiotic who will gainsay this simple DroDOsition? Does not everv man know that the armed soldiers at I the polls are a perpetual menace? Does I he not know that the English people, although living pnder a monarchy, are so jealous of their rights and liberties, that even in the days of Ed ward L the presence of soldiers at elections was. forbidden by the com mon law of the land, and in the eighth year of George II. was made a statute of the Kingdom? In the eleventh year of Victoria's reign, the present noble and admirable QueeD, this statute was re-enacted. No British soldier can come; within two miles of a voting place whilst the election is progressing. . . . V .: But what doe3 the resolution, given above, say ? It declares "that it shall not. be lawful to! bring or to employ" the army or navy, or any part thereof, suance thereof. ( Nor can the army or navy be so used, unless the Legisla- tare, or Executive of the State applies for such force. J i : if Is there any danger to civil liberty or revolution or wrong in protecting the people the true sovereigns,, ac- cording to the j genius of our Consti tution, in thus specifying under what precise conditions armed soldiers may be bronorht to ' lM'e9 wherft n,,nna are in progre89 ? We trow not. Ko maQ-not evena demagogue-ea'n see danger 0r wrong in such a wise enactment. Only usurpers and "men jj are plotting treason against the I i;K.;na e i, i n ' i I liberties of the people can take alarm issue -'time MAAni I . " ' -- . the President, s by thought proper, v to fraud,- has exercise iis constitutional power of a reto. He has thus a second tim used his Powell to vrevent a redre&k nf J "L- ' ui a. great wrongto, preyent the curing of. a tremendous evil.: The country perfectly ' understands the issue. The people , are not blind or They see clearly the meaning l manities-they see that he is -ayailing himself of the dodges of partisan SDeakers -fanw 6 " " " 7" F16' van v....,n; t.- .i v,6nt .the Enactment of a law that will forever place a barrier upon all bayo net bulldozing, . and ! thus secure a fair and free election. Hayes de mands that the ballot shall te upheld upon the points, of bayonets, arid shall be surrounded by a cordon oi soldiers. The-Democrats demand I that election83Rhall be;frtep"jP "RnTdinr shall hm ntPttent. "itfri n""f rp m on" f " are exorcising, their sovereign right of choice-rtthatHayonets henceforth and i i ' .lIh v e ,,: ,r forever shall disappear from all poll- V v , . Wg places. Phis is the issue, -irnplet SJld .1ax1 , :L i We marked certain passages in Haves's re echoinc' of . the Stalwarts', . . -i-ii " J r ' 4 t Li Vl f J harangues in Congress for comment. 1 butviMS un.necessa.ry, ;Ue bas simoly ; anaoht to cover dd the real issue' .S?nV"5i'Rii "",1, under a, multUtde pf . NVQds, (!lThere ; f Salk argu.-: ;meuj, and tftinoerift ;iu this profess .sion8 0f. devotion to a .free, election. OUB V1U?5? H" ' V , wis pr.qmww, arponu SiWa3r,--uiB rmot - Arenas ; Attenuated- u i ouiuc o wfewjuy. uiAbbiv giapij j as the one. and aa readil v broken, into I 'L 'ti tl vuyuuu . a rn onlv reauires the hammer, of. logic 1 - .. . - 1 . i-"" ... i . . - , i i. Jio sde fcas beep ftntieateby the able gentieme.w.ho have.apokeq - 4. ; ,n , . i, .'.m 1. H AitLiU Ua.aUG "Villa i W lalt7 nothing pew that U .worth consider: ... r - - ji.-n- - ...-.iur... . w V L!iV iLl'JlIului- pass the Army ;billr making due pif- I vision for the same until the regular session .oL Congress. ;They will, not 9 mfuch gratify bulldozers ; as. to nse their constitutional, power n dis- banding-thejartay:.N country. would get along excellently well without itb'rit then thereUre nA Dl.n,an. m;.rnrt and cry treason, and they ; would only make capital for 3 decomposing par ty out of sucF a courseTThe best thiug, nrider all of the circumstances, is for the necessary supplies to be voted. The faot' that : the Radices m A ' ? , is enough. ,The moral influence and effect will be with, the Democrats. They : can afford to keep . the army going after having entered their powerful protest against its use at the elections of a free and liberty-loving' people. Two .recent Congressional move ments are worth noting . , , The Re publicans offered, the. Army bill pure and simple, soon after the veto had been read. The vote was, ayes 101, noes 109. All the Greenbackers but one voted with the Republicans. A motion was made by, Dibbrell,' of Tennessee, to suspend the rules and pass a bill laying a tax on incomes The vote war, ayes 110, noes 94. It is believed such a bill can be got through, as the Greenbackers and some Western Republicans would vote for it and a silver coinage bill. Among the .Republicans who voted for the bill were Dunnell, "Fort, Houck and Ryan, of Kansas. With these exceptions the affirmative vote was Democratic Among the Demo crats who voted in the negative were Bliss, Coffrotb, Covert, McLane, Mueller and Fernando Wood. . The Republicans in Washington are greatly exhilarated over the veta. They regard the extra session as. providential, as-ifeUBited them and insured the elections in the fature. The Democrats are divided just rtof as to "what nexl?, , They tre agreed, J however, that it will work out all right.' The veto is regarded" "merely as a stump speech, plausible, decep tive and impudent.; No definite plan of operation-lias been agreed upon. According to a special in the Rich moni State there'-are ftiany sugges tions, among them the following: " "The latest " scheme proposed 'is, that Congress shall at least get-as many vetoes from the Administration . as possible, then pass the Appropriation bills without riders, and adjouxn. Theiollowing.-are the bills proposed under thjs plan, upon which ve toes are probable: Silver Coinage, Legis lative bill, -with repeai of marshals' law. and test oatb; and ' separate repeal of mar shals' law; aud the following, which, it is presumed, will be approved: i Repeal of test oath, Legislative Appropriation bill, without rider; Army Appropriation, bill,; without rider. . j . ' . ' ; ""Another suggestion ; is that the ; sixth section of the vetoed Army bill, relating to military interferenceatelectiona.be simply amended so as not to include "civil officers, and try the President with that as a sepa4 rale bill; then if he should veto, let the Army Appropriation bill lie, over until next winter..'',; f It will .be noticed that the Green backers again voted with the Demi- I crats as they did when the first bill I was passed. - anev nave penetratea 1 tho'desians of!ihe Stalwarts, anxl ten nfVhom mairiit ft'mAn VftHRft p . '7 " . " "."7 "I ine Hni9n nt tne ?"seVaMOr ',0 I civil " Jiber, .jTudge,. Rnssell t .waa B1Jent, did pot vote,: r VVo heard him ? bat he was in favor of the statuUi W f"T"S fmj?WnBW$l polls. , . Why he did nob vote to pre- " V - 'Vr c Zi vent the bavonpts from intprferrnir. with the ballot is known only .to him self. -J . lUjfo'Jt .ta'ifirfui'.) .ri'iau'i -IT?Maatfte class ?iuu buoy placed on Aha north breaker, OUUUUUUUV U1U.CU Ull 1UU UUlLll UICttBUi,: Swash jCbannel, at tba entrance to Charles-: ton.HarbojrgUa, 4wiU be.distiBguiflhed: by a beH placed vu pod it Thls, bell will the rung by the motiaoLthvaves, and may be heard at a sufficient , distance' to 'jenable vessels to useit as a turaiog pojuj. m ,., v, Ha rga w and Onalow 5 Railroad A ' "pirn. raeeime t jreclt.ouviiie- If e cp" &c y We learn Trout our correspondent, Mr. 4 " r V t,, ...v' J KPJ Banuerraaa. Uiat?fcere was-very y tendance froniOnslow, Antler and Keinoivr, - "ai JaCteeouvilleOnsIow conntv. on Mimrlxv to Darlicioale in Ibe . j ( - railroad meeting and that the leeiing u; thai coootv iu Tav4r outtdifljg-tu f above-" l" " mvr s "versal," ms :i ;r krSn&Vi ' hi the i ,tFittiwwwyy A mceung. ' . l. 'Dt, E. 'Po'rteV.'Wf Pebtler, presided, and majc a rfnfe apeech 16 favorof therod. ; The-charfcr Hen ,a and its t proi- ; i00008 Jo r;. n '.'' ; commilteu onresolutioua was appoiot- ViTiand inaifi i P nort ihioueb its chair- .ui .toliai vif Aiiti raovemeni " as : w wise and practical, - and meetibg to !Hs- energetic sup Port - 4Jr, S, accompanied tlie repori wun tfTa f ti i li-i nip mAnq rnaila in. nnp SltAle HViS':, :,JL. v i was owing 10 men. iuiuiimiviu"'jf ,". tbaYlbis" road Was. eminently practical. - . ; - . --; couid bewsily 6arid Wasgreatly need d; Di Barker and'tf Dafly; SnVl made .stmne.Bneechesia favor, ot,ihe scheme,, and the report i of the committee was adopted ? without a dissenting voice, r Steps Vere th'en taken' io open hookas of sutcripUon toaf cprdance". wiUi llie terms ; of the charter,. and suitable gentlemen ap- pointed among the corporators in Ooslow, e'WWr Ilaiiover to; attend tollb ii wa8 experienced iiimts oVmA: M. WaddeU W be prcsent'aod address ."the meeting, -ac cording to .promise, bis failure to do so beinuiiavoiaiible: 1 . ' puj-.corrcepiaxlent concludes: "Judge Seymour is. holding court with bis. usua aeceptabllUyo the bar and the public." The same may e said Of Capi. Swift Gal loway, the Solicitor in attendance. ."Crops ara not so well advanced, because of the recent cold weather.- When Onslow gets an outlet for her peanuts, corn,, cotton, and garden vegetables, and for her oysters, fish,1 and other products, as she will have when . this road is finished to Burgaw. tbe county will lake a new start." A Horse Xblef Amone Ua EflTorta to j Capture Him. ' On Saturday morning last a colored man by the name! of John Bernard, said to be a resident of this city, appeared at Rocky Point wilb quite a valuable horse for sale which was finally purchased by a colored resident at the Point by the ume of An thony Merrick, who paid Bernard $85 for the animal. On Sunday morning a gentle man from Duplin put in his appearance and claimed the horse .as bis own, stating that he bad been atolen from his stables and accurately describing him before he bad seen him. In the meantime a telegram had been sent to Chief of Police Brock by the owner of tbe horse, requesting that offl cial to keep a sharp look out for the thief, Accordingly a pane started -out to try to capture tbe fellow, who got on bis track Sunday night and came very near taking him, but be finally gave them the slip and bas not since been heard from. : Bernard stated to" Merrick that .the horse was formerly owned on the sound", and was used in bringing fish and oysters to market before he purchased him. I. O. O. F. IfleetlDe or tne Grand Encampment and Grind Lodse at Fayettevllle. (Reported for the Ster.l Fayetteviixe, N. C, May 13. The Grand ' Encampment of the Independent Order of Odd Fellows met here this morn lag and quickly dispatched all the business presentid.' .; .. R. W. Grand Matter Ehricgbaus, and nearly all tbe delegates to the Grand Lodge, which meets tq-night at 8 o'clock, have ar rived, and the attendance bids fair to be very afge. Many interesting mailers are to come up before' tbe ' session,- and much important business will doubtless be transacted, of which you shall be duly advised The Episcopal Convention meets to-mor row, and vthe delegates to the two bodies make this hospitable old town present quite an animated appearance Every kindness and courtesy have been shown the Wilmington; delegates, who are delighted with the reception they have met with. j. , ; Mack. A Pender Prlioaer. Moses' Jordan,, . colored, was brought to this cilv Monday night, under a commit ment from Justice Bloodworth, of Holden Township, Pender county, charged with larceny, and in default of security in the sum of $100 for hik appearance at the next term of the Superior Court, he was com mitted to jail. i - ' --The schr. Xeww CZarfc.Capt. Smith, from Havana',-and bound tv New York, put in at Smlthville on the 10th 1 inst., for a harbor and. repairs. In 'a telegram sent to this city by Dr. Curtis, and directed to Messrs. Harriss & Howell, it was stated, we under I, stand, that, the vessel had been eleven days 1 ' . Li .a ' '-'.1 ti - . o.ui, naa no, aiCKness,.aooara,tanu isp. Smith: desired to know if the authorities wotna auow mm xo come up w ne chjt w persou and attend to- some business, which request was declined, We hear that Capt his crewV The Vessel was! boarded hy i boat's crew f rom the Revenue CuUerCW- 1iMarid We learn that it was ascertained afterwards, that the crew, were worn out with incessant toil, and nad signmea tneir ; willingness to go to work as soon as they ; had beea allowed a sufficient time for rest, ' The'1 Russian barque Ecliptic, Capt. Johansed,' cleared from this port on the 5th, and the captain had to return to the 1 city, 'reaching , Lere ' yesterday, 1 : She bad been laseiwa anfflnient .lensrth . of time to .hundred 'mile; when I. . l l . t sue encountered a gaie wuicu siove id ner ; bulwarks and cabin .''house; and broke her rudder, and in:, the Confrsion two seamen i we're ' badly in jured.-iThe'' vessel wilf nbe' ; brought to the city from betow and under?7 ;g repairs,. hv): v--i;U. ANOTHER VK'IU MESSAGB. 'lie Bill to Prevent in Hilary Inier leronee wHU Hlectlona Keiuraed W ie Hbatf'tironndi .upon iWpiieW Be- President Aew-He ; Declare Aealnat kit Forcible Interferfcnee ofj Intimidation at the ; Poll Pledse! His admluUtrailon Aealnot It Ex crclae, &c.- . . .".."' "in ml V. ll.n.UAM,;. Cln. 1 WASHINGTON, May 12 rhe PresidenjUjdditionaJJe , lo-dav returred to'the'House of Represen- tatives tlie "Act io xtouioh .-minwry inter-. fereqee at Election?r";wilb ins jobjeetipns lo fts approval. The President says: vHoldinc,' as Ldo, the- opinion that' any ; military.ioierference whatever a t.be polia is contrary, to the Spirit of our institutions, ; and would tend to destroy the freedom of ; ejections,. and sincerely desiring to concur with Congress in all of its measures, it is ' with very'great regret that 1 am forced to the conclusion that the bill before me. is not only unnecessary to prevent such inter ference, but is a dangerous departure; from long settled and important constiiulional principles. The true "rule, a tq the ?em? ployment of military force at the elections, is not doubtful. No intimidation or coer cionshould.be allowed to control or infltU ence citizens in the exercise of their rjght to vote,-whether it appears in the shape of combinations of evil-disposed persons or nf .rmril hoiiiftfl of militia of a Slate. "orof the military force of Hhe United States'. The elections should, be free from all forcw ble interference, aud, as far as practicable, from all apprehension Of such interference. No soldiers, either of the Unkrtor of the State militia, should be present at the polls to take the place or to perform' the' duties of the ordinary civil police force. . :There haS'beeu, and will be, no violation of this rule under orders from me during this ad ministration. uut there should be uq denial of the right of the National Govei umentto employ its military force Ou any day, and at any place, in case such employment is necessary to enforce the Consiiiution and laws of the United State9."i ..Quotimj the- bill, the President says: !"It will be observed that the bill exempts from, the general prohibition against the employs ment of military force at-tho; polls, two specified cases. These exceptions recog nize and concede the Sound-cess of the principle that military force may properly and constitutionally be used at the: place of elections when such use is necessary to enforce the Constitution and the laws. i But the excepted cases leave the prohibition so extensive ana iar-reaching that its adoption will seriously impair the efficiency ..... of the executive department of . the Government.". j , i The President ,lhen proceeds to quote acts ot Congress authorizing the use. of the military power to execute the laws, ihe provisions of which ; were approved by Washington and J eil ersou. and -. .stilt later by Lincolu, and. referring thereto the Prcsi-; dent says: . - ;: .' "At the most critical periods Of . our bis tory my predecessors , in tbe .Executive office have relied on this great principle: It; was on this principle that President Washington suppressed the whiskey re-. bellion in Pennsylvania in 1791. In leUU, on the same principle, President Jefferson broke up tne - xsurr conspiracy by issuing 'orders for the employment of such force, either of tbe . regulars Or of ibe militia, and by such proceedings of the civil au thorities as might enable them to suppress effectually the further progress of the en- terpnze; and it was unuer the same au thority that President Jackson crushed nullification in South Carolina, and that President Lincoln issued bis call for troops to save tbe Union in 18(51. Uo numerous other occasions of less significance, under probably every administration, and cer tainly under tbe present one, this power bas been usefullyxened to enforce the laws without objection by any party in the country and almost without attracting pub lic attention. "The great elementary constitutional prin ciple, which was the formation of the origi nal statute of 171)3, and which has been Us essence in-the various forms it has assumed since ita first adoption, is, that the govern ment of the United Slates possesses, under the Constitution, in full measure, the power of self prelection by its own agencies, altogether independent of Slate . authority, and, if need be, against Ihe hostility of State governments. It should remain em bodied in our statutes, unimpaired, as it has been, from the very origin of tbe go vernment, .It should be regarded as hardly less valuable, or less sacred, than a provi sion of the Constitution itself. "There are many other, important stat utes containing provisions that are liable,lo be suspended or annulled,' at the times and places of holding elections,, if the bill be- fore me should become a law. .Tdo not undertketo furnish a list of. i hem.,, Many of them perhaps' the most of , ibem have been set forth' in the debates on this. meas ure. They relate to extradition, to crimes againit the election laws, to quarantine regulations, to the neutrality of Indian reservations, to the civil rights of citizens, and to other subjects. In regard to them all it may be safely said that the meaning and effect of this bill is to take from the general government an important part of, its power to enforce the laws. "Another grave objection to the bill is iu discrimination in favor of. the jState:&nd against the National authority; The. ore seoce or employment of the army or navy : oi tne united stales is , lawful, under the terms of this bill, at the place where an election is being held in a State to uphold the authority of a State, government, then and there in need of such military inter- . i . i r l . i.i . veuuuu, uui uuiawiui io upuoiu me au thorilyof tlie government, of the United States then and there in need of. such mili tary intervention. Under Ibis bill, tlie presence and employment, of the army or navy of the United Stales would be lawful, and mifht be necessary, to- maintain the conduct of the State election against the domestic violence that would overthrow it,. butwould be unlawful to maintain the conduct of a .National election against , the same local violence that .would .over- throwlit. "This discrimination has never been.at-' tempted in any previous legislation . by Congress, and is no more compatible with the sound principles of the. Constitution, or the necessary maxims and methods of our system of government,, on occasions. of elections, than at other .times. In the early legislation of 1792 and of 1795 by wbich the militia of the States was the only railU tary power resorted to for tbe execution of the constitutional .- powers . in support of State or National authority, both .functions of tne government were put upon the same footing. By the act of 1807 the -employ ment of tne army and navy was authorized for the performance of both constitutional duties in -the same . terms. ': In . alt; later, statutes, on .the same subject malterTlbe same measure of authority to the govern ment has been-' accorded, for the perform-? ance of both these duties.1 No precedent has been found in any; previous legis lation, and bo aufqcient. reason has been given for a discrimination in favor of State and against the-National author! ty which this bill contains. Under the sweeping terms of the 'bill, the National Government is effectually shut out from the exercise of tbe right, and from- the dis charge of - the . imperative duty,' to. use its .whole executive power, whenever and wherever required, for the enforcement of its laws at places and times when and Where its elections are held.".1 The1 employment of its organized armed forces for any such purpose would he. an- offence against ;law; uniess caitea ior- oy, ana therefore upon; permission of the authorities of the Stale in which tbe occasion- arises. - What is this but the substitution of the discretion of.the state Governments for the discretion.of the Goyernment of the Up ited States ta to the performance of our duties f, ;. "In my judgment this is an abandonment of its obligations by the National "Govern ment; a BubordinatiDn or national auinon-j ty, and an.intrusioiof State .Supervision' over .National duties, wnicn amounts, in . spirit andjtendency to State supremacy. ?Tnough l believe mat tne existing statutes are abundantly adequate to corns; plelely prevent military interference with j tbe elections in the sense in which the ! phrase is used in the title of this bill, and is employed by the people or tbis country l shall find no difflcultv in cotkiuninfr in anv i nfiitu uvea, uui,iuiciicic ty iiij nit; lutiitr-nnQhl- PVfriria AT Ih'ri nnwVrs;if ihf - fin. yernmentjunder the CpAstitiio aoid lawa. "JSienedl KtrrHEBFORD 'R Hayes. ' - "Kxtkutiw Mmswn; M&y 12,' 179 ." Tbe MUcfKenailon Caief J udee Hughe ' &iuralii" Vallditv of 8tate ! XawCaM,lp so to Supreme Court , IBy Telegraph to the Mornipg Star. , j r 1&CHM0ND.' Mav'li'.--In the tJ'. S. Circuit Court) toay Judge dingoes rendered1 ah ODinion in-the miscegenation case of Edr ward 'Kinney,' colored,' atfd Mary Susan 1Q11, white, wDo, are confined in the peni-r tentiary ;f or a violation of .the State statute prohibiting white and colored citizens in teN marrymg.i j.The case; came .op on a petition for writ of habeas corpus. 1. ,j The 'opinion holds that the laws of mar- riage are at tbe sovereign control and will of eac.h State, unaffected by any provision or" any ? article1 Of the' Constitution of 'the United States; Ahatt , ahsoiue; and: entire power over these laws is necessarily left, all over the world' and in this 'utiidn of "States; tOitbe government, pf, local society; that tbe law unuer wuiuu me panics vyere couviuieu was with the unrestrained legislative power of , Y4rgipia,t.o enact,-4t,.and..tbat,.it is. not prohibited by any provision of the National Constitution - as td making contracts. The opinion holds, tat. section 1,977 of the neviseu oiaiuies, wuicu secures io an pem gobs within the United! States the right1 in every State to make and enforce contracts, can on'ly' fefeV to contracts lawful under tbe -law of. the; Slates wherein 'ftis proposed, to enforce them. . Admitting that, marriage'; is ; a coiitra'dt, to hold' that the privilege of ; enfbrcingJt- extends ! only ' to lawful rdarriages, and that if a citizen of Virginia went tb thb District df Columhia', or ,tq;tha Territory of Utah,; and .was there married in accordance with the local law, he'-eould 'not :rettirn with his consort or consorts to Ytirginia, ftnd , expect to subor dinate her laws of marriage to the laws of the other 'Jurisdiction.' , The case will .probably be taken to the! nupreme Court of the United States. !1- WASHINGTON. The Pentiou Blll-Tbe Preednan'i .i.Banfc: .. v 'By elesraph to the Morning Star. Washington, r; May : 14L. -The House Committee on,, Revolutionary Pensions. to-: dav agreed toreoort favorablv on Uibrell'a ibill to pte veht the withholding of. pensions from1 pensioners ; under the act5 of March Ulh, mm .The object of the bill is to pre-. vent the' : withholding of y pensions from i those wbo.ltave been restored to the pen- sioji' roll a'n'd then dropped dn the charge of disloyalty. ; ;', ,! ' j ' Chairman Brucef Tias called 'a ' meetiug of the select committee loi the 'Senate oh the ; Freodman'3 Bank, for. next Tuesday, when ; the commissioners in charge f the affairs of that i nsti til lion will -iay bef or-th e com- ' mittee a delaUed..accopni of lUeir,pianage ;ment, ano personally., respond to cognaie 1 : .. ; . : oit.n : i : . . 1 t lmjuiiita. . iuc uuujiuiuuc luicuu iu uppij to the Senate, at an early dayl for1 authority to sit during tho recess, and also for sundry- powers not expiicity conferred by the reso Mulion under which the general investiga tion was originally ordered; s r. LOCH.- Heavy1 aud Beneficial Ralut-'fhe Steamboat Companies aud the Re- luffee Ncsroea Indifference ot Plan ters to the Movement The Excite. . meut Fat DfiusOnt, j i By Telegraph to the Moraing Star. St. Lotjis, May li.Heayy rains pre ;vailed over'a considerable extent of territo ry west of ; here yesterday, benefiting the jcrop8 greatly. .. ; ) 1 The officers of the steamboat companies, .haying headquarters in this : city,: and the officers of' the steamer plying;, between. here laud New' Orleans', deny having refdsed 'transportation to colored refugees whenever the laiter. had money to pay, their passage. iThey also deny Ihat there' has been;'any 'generally expressed disposition on the part iof merchants and planters to withdraw jtheir -patrOoagefrtmi the bba'ts which carry immigrants.. (This. has. been; done in a few instances, but the desire to prevent the ne fgroes from leaVipg the South is changing, !and: now ; the planters:do. not. seem , to. care, jwhether jthey leave or 'not, The officers iof the latest arrived boats say they were not ihailed oq. the .way. by. negroes, and do not. jberieVe there are any such hbmbcrs of re if ugees ou tbe river banks as have been sta ted. They further, say the excitement is fast jdying oht,' and will close altogether in a jshart lime. i. .- :H s--j-ti--.t. .Uu. t. av--. ' ' ttoitEiGN irTEi.tlKt(i:i j Alsace-Lorraine Condition of the J uovernmeot--Papal Appoiutment, ."' v IBy Cable to the Morning Star.l I ' BikLiisf;: May 1 14 The ' bill ; relative to' ! Alsace-Lorraine provides 9 follows: jThe. Emperor will appoint a Stadtholder to act jaa-a Representative of the-Imperial govern ment, and will reside , &t , Sj.rasburg. The office ' oT President ' of ; lhe! Department of Ahaee-Lorraiue, now attached ' to the Chancellory will be abolished. A - Mtnis jtry,1'' with Secretary' of Stated' wilt " be if or med .- . at . StrasbUrg, - . ahd a Council .,of State, will , also be; established which, will consist of the General Commanding in AlsacekLorraine, .a Secretary of State, the chief provincial officials, and seven .members,5 whO" Will' be appbinted by the jEnsperor, - The StacU-holder will be Presi-i ;dentx)f tbe Council. The Provincial Com miltee will herifcefOrth' number fifty-eight; ,a delegate to be elected by the Provincial Cornniiltee, subject to the approval of the Emperor, ' will represent "Alsace-Lorraine m the, Federal Couqcik v.-.,,i- i. ir . ,. ;; ' Rome, May 14 The Pope vvil . to-mor !row nominate' Rev.' JohbTertin to' be Bish !op iof .Marquette ahd Saul t St. Mury, and IVeryfRev. Lawrence S. McMahon, Vicar General of Providence,' id be Bishop of 'Hartford.. , j u . hut 1-fu; '!.: '': ;r-; - LOUISIANA ' J "; j-;' ' :ti -i:bi i ! j !;!)-'' i , Accident to a Comedian I ifiy eleaph to the jtfbrnlnig ;Star:i" '': ? ' New OxtxEAKs, May 14.--While Alf.Bur ;neU .comedian, and ii-P., Leathers, of New, OrIeans,"were visiting the jmarine" 'railway docks todayj the 'Staging upon which they Iwere standing gayc.wayjprecipitating them a dislanbe df about 4 twenty! .feet. Burnett had an. arm and leg broken; and Capt. Lea thers had his fight shoulder broken. The accident to Mr: Burnett renders iftfecessa ry for him,! cancel-a number of eastern' engagements. ; .,. r. ' H! ii-t: ;Bnvina' 'Hetake : JAcanlaA i- Large :PPre March Ijnsf la Attack Chlilaus. V By Cable to the Mornng Star. ' 1 ' ViiJLiisoJ AprilJigi.-LThe Bolivians haye, , relakenuvAQauis,f ,,1 iSijaenounced. from Jujuy, a town' of the Argentine Re public," near' ! Ib'c' : 'Bolivia frontier, that 15,0QP JJqliyiansare JOarJhit)g to altack the gjniiians, i : l ' j- v i .O'J il If your bowels are costive! take arioso .4 bf Dr. Bull's Baltimore Pills; wc' know of in better medicines Col. John H. Wheeler is writing biographical sketches of North Carolinians for the Raleigh News, The Raleigh Aldermen have re elected pretty much the old city officers- C. Wi LfcmbeUl, Cleik; A. D. Rovster, Tax Collector; J. W. Lee, Chief of Police; Leo. D. Hearit, Treasurer; C, C. Crow, Audi tor. .-From the JfeiM.i . : A negro named Jim Williams was found neat Charlotte with his skull badly cut and iractured in two places. It is not known whether he was knocked off the railroad track by an engine or how he was 80 badly injured. 2 He ia alive. Concord Sun: Rev. H. P. Cole has in his possession tbe largest lemon we have ever seen, which was grown in Con--cord by Miss Maggie Means. It measured 13 inches around one Way, . and 7 or 8, per haps, the other. Its quality is equal to that of those produced in the tropics. Charlotte Observer : Beb McLean,-colored, a car coupler at the Norih Carolina Depot, met with' an accident which it is feared may prove fatal. His hand was caught between the false buffers of two freight cars, his thumb torn off, and the flesh in the hollow of the hand terribly lacerated. Raleigh iVetos: The pressure of work in the oflice of the Register of Deeds has been very great, owing to the largo, number of liens, bonds, etc., to be recorded- 77--: Iono part of North Carolina, in deed iiowhere in ! the South; are improve ments more noticeable than on the line of the Raleigh & Gaston Railroad. Lincolnton News : 'There is considerable excitement here just now about mad dogs. Several persons have killed their dogs quite, lately on account of ahowiug. sigus ot going mad. : The grading on the Chester. & Lenoir Narrow Gauge liailf oad, between Lenoir and Hick ory, was completed on Friday; The force will "hang up';' until after the meeting of the stockholders at Newton nex Thursday.; Charlotte Observer: A rail road meeting" was held at TaylorsvilleJ Alexander county, on the 5th of Mav i Various schemes were discussed, 2nd coin-i mittees, who are to report to an adjourned! i meeting, were appointed to correspond 1 with the Atlantic, Tennessee & Ohio, the j Chester- & Lenoir and the Mooreaviile, ; Wiuston & Salem Roads, soliciting them to give a basi3 from which Alexander can! form-a definite conclusion. : j It will be interesting to tnan! ' of our readers to know who are the dele gates now attending the Southern. Baptist! Uonventiou at Atlanta, Ua. They are as !follow8:Revs. J. S. Purefoy, T. H. PritclH aid, A. C. Dixon, C. Durham, G. Mj -Webb; r. W. Eason, J. A. Stradley. FJ H..Ivey, T. Dixop, E. Dodson, T. Whiti .field, a. H. Uriffltb, J. B. Taylor, H. A Browri, John Mitchell, C. M. Greene, W. T. Jordan; aud brethren R. D. Graham Dr. Frank Duffy, D. W. Thomason, T Dixon, Jr., and G. P. Bostick. - Raleigh ItewsiOa Monday nitjhtl at 11 o'clock, after an illness of some length t. Mr. Henry J. Brown, one of the ibest known citizens : of Raleigh, passed iaway. He was in his 69th year. On yesterday fnorning, the 13th inst.,; as the train on the R. & G. A. L. Road was ou ft a outward trip, it -.ran overran .old colored man named Merritt William alias Cooke;. ;The accident look place at what ' is known jas, Cox's Crossing, above the. Penitentiary. 'The body of the old man was terribly.mu lilated,' and he lived only about fifteen minutes. . j . ! j- Goldaboro .Messenger: Hon. A. 'M. Waddell delivered the memorial adj 'dress at Newbern Friday evening. About ,'2,000 people were present, and everything passed off most quietly. The Goldsboro Rifles left here on a special train, and took part in the exercises. So did the Kinstou Riflest At the conclusion of the prayer (at , Goldsboro) the editor of the Messenger introduced the Hon. A. M. Waddell, late member of Congress from the Wilmington District, who: spoke most touchingly and eloquently of the gallant .dead and' the occasion, occupying some thirty 'minutes, much to the interest and gratification of his hearers. j - The first gold mine ever dis covered in the'TJnited States was in Ca barrus county in . 1799. The discovery was made by a lad of twelve years by the name of Conrad Reid. Wheeler, in bis ' History," says; "After returning home, Mr. Reed examined and found gold in ihe surf ace. ' ' He ; then asssociated Frederick Kisor, James Love and Martin Phifer wtlh himself, and in the year 1803 they found a piece of gold in the branch that weighed twenty-eight pounds.. Numerous pieces were found at this time weighing from six-' teen pounds down to the smallest particles The whole surface along the creek for pearly a mile was very rich in' gold. The Veins of this mine were discovered in the jyear 1831." (. ; n -Newbern Nut Shell: A shocking accident occurred at a steam mill a short distance beyond Mr. R.' A. ; Russell's, on Neuse road, Friday last. Mr. W. P. Lane, who was waiting to have some corn ground, Was. standing near the rapidly revolving rocks, when one of them burst asunder, and a piece of it weighing several hundred pounds, struck . Mr. Lane, driving ' him through the side of the house. - Mr. Lane was found on the outside of the house, ten jFeet from the bouch in the wall, with the rock resting on his leg. 'His right arm! and leg both suffered compound fracture, the arm being so badly mangled as to necessi tate "' amputation . Mr. Lane at last ac counts was. conscious, bearing with great fortitude his terrible injuries. The wonder is that he' was not killed instantly. i j i AsheVille ' Citizen: This entire section of country was visited on Saturday morning last with a heavy killing frost Our gardens suffered quite severely in con eequence, but we h6ar of no damage to. the grain crops. It is now quite certain; that the fruit crop, outside of appleB.v w seri ously damaged. - :' Maj. Wallace .Rol lins has issued a call for the Board of Di rectors of the Western Division of the W. N. C. Railroad to meet in Asheville on the 15th inst.- The affairs of the Western Di vision have not as yet been turned over to the Western N. 'C. Railroad, as required tinder recent legislative enactment. I -t jlr. Wm. ,W. Reynolds died, at his :j resi dence, two miles west of, Asheville, On the evening of the 2d "InstV after: a'lingermg illness.. The deceased was in his 51st year. He. was a native of Buncombe county. I Charloltc Observer :' Hey. Neill E. Presslyof Irdell, the5 missienarV'of the Associate Reformed. Presbyterian ;Church In Mexico City, has had a long and serious altaek of acclimating fever, but at last ac- tounts had recovered. He is wreBtjing ritM' the Spanish" language : ' 'Rev. Roger Martin, brother of Rev S. Taylor flartin, has signified bis purpose to accept the Call - from Centre' andt Shoe Jlltel Churches, and will enter upon -the regular discharge of his duty about the third Siio day of h'is month, t -i-'jt is thought tliat 1 Rev, Mr.: Murdoch,, pf, Salisbury,- will? be Sppointe4 to take charge of , the Episcopal fecbooVtd be 'estaslished afi Morganton. -.At the . Commencement of Carolina Military Institute, June 13lh next, the an nual address before the corps of cadets Will, be delivered by the? Rev. Ellison Capers, of Greenville, S. G. Mr. Capers, who is well, known ; as - an accomplished Orator, as. well, as a, popular .divine, was a (Conffedefate brigadier. - Th6 Coramence mentisermon.bu June 8th. will be oreacbed by the Rev. Wm. R. Atkinson, the efficient bnticipal of ihe Charlotte Inatitutei for xoung ladies, -, -ri, ,. r
The Weekly Star (Wilmington, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
May 16, 1879, edition 1
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