Newspapers / Fayetteville Observer [Semi-Weekly, 1851-1865] … / March 10, 1864, edition 1 / Page 2
Part of Fayetteville Observer [Semi-Weekly, 1851-1865] (Fayetteville, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
in THB MATTEtt OF WAUT.KN. uakeas rOBi’irs. The writ muod 27th of January, but the hew ing was po tponod under an arraon , U'eUter, to justrty hw oTmugc oi yp****'**' -ubjeot of the uriff. «aid the New States had finnaged in manufactunu^ on the iaitn of the action of the Government in passing the u.e i .h.. .„o„A "KS5 ' der an ! f„rifr and they, therefore, had a ripht to &o.. in order to ; ’ , ,» m. „ „ have their inanufacturert protected.” The cao of the lun arjtuiu«^t- ^ I _ _ titioner, beine eonscriptt’d, . i a poh'ical question: shall the Government dis- th. labstitutio«h»b«"«JHa'-'JjV‘f Th». f have a tuH arffumy?t. In August, ip-oi, tur | ijjje that of the tarifl^ presents simply V ^ ... - c» CM .1 . 'appoint n reasonable oxpectati>)ii.bast‘d on its prior CMo, then, depends on t c question, * „ ] action?—not a dry question of law. Mr. Webster, | power to pass the act oonsonp j in his speech, puts it on th« political f^round, and Zt in ,uta.i.».»? The jow.r of . | „„ „,Je th« the prior .otioi. ot the o'tizdiirt from li»b liJy to support tbe Qo'fernment lu all time to *ihhp:—w»i«y 8*id it would be unwiwj m rongr.'ss to wifbdri^w thftt amount from liability (o tax ation; but no ona ovf^r pugfreatcd ibat romgresp Jid not hfite p >wer 'o th* contr*o«; ani yat brother Kit trell luifc^ir run o>J' h s m.iJe of reasoninf^, so afl to tUow ftiRt !’op«n’>- ipifhf itj thin maoaer abuse it* pow er 'u.l re Juo*' i' !f to abaolufe »>egg-»ry; ergo. Congress dill not tSt power! Ti fH ir.ktifvtwp, »>orcver, to know that 1 am not un- dfr Ihe npoMsii v of relying oa my*own judgment in de cMiijj! tbi^ qHeetion. Tbc “iuTiolabillty” of a oontraot, whether raa>i« by the Confederate States, or the State, or »n jn.livithi vl, ia uniformly upheld' by the deciBions pUi «u ="■' t . bunal to declare an act o j Goveinnient aiuoutited to a valid, legal contract. | “j oar Supr ..ne Court, in a ton?* of firmnesH that isgr*- tional, when it is necessary ; One may have rca?ou to expect a legacy and com- } ti'^iu^ i.,-«very one Searnh from Haywood’s Reports la order to dispose of a case properly constituted ^ 5,1 dlqfinnninted- but he has no ’o Jores's, ^d y-^u ^.iH nowhere oieet a dooisiot, or a before it, is settled. Acts of Congress not untre-i P , , . . *1 • L »ro .t t/*c/Km or nn intinatinn, that ihe 8i*te has power to Sv nvoTvc Quest’ori*^ purely legal,-and the ! there is no contract. . repudiate it. on Ldoi of giving this jurSdlctioo to the jmlioi- 1 powcr to violate us own con- | ' ary, la manifest; tor, besides the advantage of Coasr^s^ is limited by a ;cr//v« K^iyiTior sQoli (jucJ^tions orij uy tno'^c wlio j _ , • , t. i ' - - lure not become heBuA in the arena of politicij; j U uo ISm i, lh« further «o„,iaet«lon: m™.Wr4 UonfcrroJ by th:.t .nJ Congreaa are notielir knowledge ol law, auu lumov ^ uu ..«. v . ~ iu.stanee ‘'to boriow except what is contains no tier eonsiaeration; mcmoors 01 — i- j. :„,iApd ‘kcted because of their supposed f , r^Twlr ? nTnS co. r ret- ..□a th„« whob.,c not .lewd ! “ P”"*'' ' rX J' • , .. .1 \ lor lu.stanee ‘'to boriow uv.Hiey on trie er..'au 01 : the (^onfedcr»te States,’* if thc~e bo power fo i ' j viol:it(' if, would be nugatory Xo Oovernoient | b'mi’i. thanuelvea to the science, bowt?vcr .ikble they may be as statesmen, or eloquent as orators, are not preflumed to be as good judges of .law, m.n . ^wn oontraot, except! « _• t • 1.^ li-I !> ^ ^1' A who have made it “a life-time «tudy.” The ooarts, liowever, always presume an act to b;.i coQstitatioual, and do not declare it void, except on the the clearest conviction. Where, as in this iiMtaDoe, a dry question of the common law is involved, the judge is “more at home,'’ and feela les‘« embarrassment ia ^lealing with the snb- jeot, than when the question depends solely on the oocstruotion of the Constitution; as in ques- tiooB of constitutional law, the province of the Judge and that of thc'statesman frequently run so nearly together as to make it difficult to dis- tingaish the dividing line. . The power of Congress depends on two ques- tinn«: 1st. Ia suhstif.ntin^ a Rontrant.'/ *2ti. Uas Coogresa power to violate its own oontraot/ 1st. Is substitution a contract? This is a dry question of the common law, and should be con sidered without reference to politics. There uc partiflK capable of contracting, there is a thing to be the subject of contract; so I suppose tho only question that can be made is as to the cun- sxderation ^‘Gain to one and loss to the other party, is a legal consideration;” see ('og^s v H/'r- nard, and the cases cited in Smith’s Lead. Ga.ses. If I lend one my horse to ride to Sal«m, and he takes him and starts, I am not at liberty to follow on anf take the horse from him; it is a contract of bailment, although done merely for his accom modation. If you agree to carry a package for me to Salem, and start with it, I can maintain an action for breach of contract, should you be guilty of gross negligence, although I was to pay noth ing, and it wai purely for my accommodation; your undertaking to carry it, .and my coshding it io you, is a consideration. ' So, if you fancy my horse, and I tell you I will nwt sell, but to gratify you, I agree to let you have Mm if j*T)u will let me have as good a horse, and the exchange be mads, title passes by “contraot executed,” jus‘ as if you had paid mo the prioe in money. S , if you are b'>aad to work for mo three years at wages, and for your accommodation I agree to discharge you, in consideration ot §500, and the money is paid as in the case of Quakers; or if I %p69 to discharge you in consideration of your putting another man to work in your place, and it is doDS, there is in either ease, a contract exe cuted, and it can make no diffierence whether you pay me the money with which I may get another man to supply^ your place, or whether you pay tne money to the other man, and he takes your plao«. Thin substitutiun. Keally, the fact that it is a contract, soemi too plain for discas- aion; it i» neither more nor less, than an exchange or “swap,” as it is commonly call«d The Gov ernment agrees to discharge a man in consider ation of his putting a Sf>und able-bodied mun in his place, and it is done; this 13 a valid contract. It i^s true, substitution is “a J/yt. ij; To n\pntion 1 t>»: t’fftte v.'Matthews, S Joue«, 461, Wfj.-rp (!r.ort F?y, i'" »>»*• Sui-i >>»■» made a roHtract. 'illr.Trir.fc th.-> H*»i li t(f i««08 “o»p lln’’ n-Vcfl” in •'> in.-iy wcr.J^, ih« is»ona«l; MuRee ». Wilw'ngton ti. R K. P., ‘2 Jon^*:' wbcrp. the C'>art say, “if the i.harn-?r^',^a*'? b«> inonnFoly. ar> 1 th» tuilrond t>ridgeor . true ii-(! ooniiH wiibin tho nie'inui)?. it Is a contract -.o 1 'S« St-ire ja boani’, unlsfs the edVot of the wtoIu- t> a.'.d oiif b'li of rijrtits wan to introdnce a new ord-'f a-roid all snoti monopo^ieo”: Attorney 'k of Oh'^T'.oti*. 4 Jones’s E'q. 287, where ii iH decided, ' whore s. prios ia atipuhted ia ihe gr-^nt ..f rJir- cils.Tt'jr, ’» if> »*'e consideration lot which the j»o^oroi.;D ui'iltps it»e and cannot b'' iuorsased; to li'V’" ft f»x r>n the b‘\T’k is to ^dd to tho stipuli^t*'d prioi’, aivi, ♦t>«Tefor>. ,^n act of ihg Le(?i3latur» imposing «uoh •* tfix is in vi''ls»tion of thoX’oHHtl(ution and void.” Here is a thing wiihdri*wn from Ihe power of taxation by Vrce of a oontraot. T h iv# beard somn express the opinion, that it wou'd h»v^ befa better not to hsTS mido a Constitution f r (he Co»jfed.’nte Stages, bntil aft-r the war was ov?r! It is putti!ient, that it w.'ifl deemed wise to frami* . _ ^ V vjrittcG Oonstiimioo, with a grant of snob powers to and if les.s, how uuich less, power than other «iov- tht ^'onfedera»e Sfaten a? are eupposed to be ample ' ('ooiigh to meet the emergency of the iutasion and oar- TV VS through the war- T^iat Constitution has been «.ioptoi). Had w« a»'e rfworn o support It under the rule, “tuight makes right ” 1 be po'V* or to violate its own contract, or in other words, the right of “repudiation,” has never b''en olaini- ed by the Confederate States, and I had suppoood it was conceded by all, that it did not hiive the power. Uut I am asked, ‘‘oaiinot the Confederate States, in a case of extreme necessity, violate its own cointract—not with reference to morals, but to the supreme power of the Government, and has the Government of the Confcdcvate States lc,j8. crnments in a case of e'xtreme necessity. The other Governments reftjrrcd to, have no written Constitution, and may act on the broad and iiiLItiaij lulc, -‘tho aait^t^ jt-thc State is the supreme law;” but the Cont^dcrate b^tes has a written ( onstt‘futioii, which all officers arc sirnrn to support. This Constitution, and laws made in pursuance ther’0.f, is “the supreme'Haw The Con.^titution beiag icrittni, can neither bend nor stretch, evcu in a case of extreme necessity. It is not only written and supported by oaths, bnf so extreiue was the caution ot its framers as to provide, *‘all powers not herein d-legated to tho Confederate States, or prohibited to the States, are reserved to the States respectively.” In .some few instances, large powers arc conferred to meet extreme cu.ses; for instance: the power to sus pend the writ of h'lbeaa corpus, “where in cus s of r'bcliion cr invasion, the pub *V »• ’/»ty may rrquire it”—tbu-s excluding, even in a cise of “extreme necessity,” any power other than those “nominated in the bond ” • .Vgain, I am asked, “admit substitution to be a contract, the power of Congrcs.-^ is limited by a written Constitution, where is the power#0 make a contract of substitution, by which the Goveru- iiient gives up its r>ght to the servicon of ab!e- bodiiid citizots. for the public defence in a ca.->o of cxtrom - fiece.''sity, coiiterred by the (^onsiitu- ti'iQ. eithef in cxpro.s word* or by iuiplioation? the word "S^itistitut^ :” is not to be found in that instrumsnt ” In reply, I might ask, is the word ^‘romcrip- tion” to be found in the Constitution' This is a yankee mode of meeting one question by asking another, which the gravity of the subjecf forbids. I prefer to meet the question->qiiarely, because I appreciate the motive which prompted it, and re- cogn'ze it as tair reasoning. The p^wer to con c-cript is •iupposL-'d to be conferred by the ‘‘power lv« rai-i: armiesf” in counection with the general jiuthurify “to pass all law-, which .shall be ncces- 'iry and proper to carry that power into effect, a nd in a J »pting (h*: t/ifans to rai.e an army by c on.scrii>tion. it follow*; that t’oagres.'^ has power to moi^'tv the means in such manner a.-? to make it injure the public as little as po&sible, and to produc-’ i»s :j:reat collateral ben* tit as pt-s?ihle; in r .-7 . J (ty a.lnjWlUg thi • iS paid. So it is a privilege pail f'>r, and that i ■*'jbstitut;-i, so a.-^ to make it answer tlie purpjs,, makes it a contract, and distinguishes it from an j raising an army, and at the sama.time rehevo txe'nption, and because of this distinction, it is I‘ ‘ u^^qual hardship, and coliatorally " made a di.Mtinct clause in the>OH«rr(';i/;,« .u-c, and j ^ ^ p”bli.- by providing the means whtre- is not put in the exemption act Suppo.if Con- i cuiz 'n niizht be left at fiom^, to rai.se food and clothiniT t'-r the soldiers ai^d “tbu>i 'Uf>j- rf fhe ainiy,” ut the inif' that the fu!l com- p’crncnt f'f S lither.' was k^pt up by aubstitutf';. Suppo.'H' Con grC'is was induced to enter iuto the contract oi substitution in reference to conscripts, in o.»’der to make conscription more pilatible tn the peo ple, and as a means .jf relief in cases o' une(juul i hardship, and in reference *o voluntei r-. the ' Secretary of War wa;: induced to allow u in order to relieve Home, who, in a moment oi eiit^husiasin, had entered the ranks, and afterwards fuu the service too hard for them; or suppose the induce ment was that ouf citizens might procure able- bodied men from Ireland or GerLuany, and rut them in the ranks as substitntes, while the citi- sen staid at homo and raised food and clothing, “there is no principle of law, by which the in ducement can chang.,> the n-iture of the trans:ic Uon or take from it the character of a contract, j XOQ are, by the terms of the contrd ;t. to lurni-h I a sound able bodied oian, and you do so; that is the C4msuieratir,n- one man is taken for the other just M in an exchange of horses, one horse is the oonsideration for the other; and the fact that it is made for the gratification or accommodation of one ot the parties, does not in any way affect the legal question. ground that substitution is a “mere pri- rn J*®’ .il® *1 f President’s Message and ra the debates in Congresfs, and was the point ^nly relied on by Mr. Kittrell and GovJrnor Ik learned argument on the «>en to^ Government; for this rea.son, I have* SJ) a“*«0U3 consideration, and feel fa ly convinced, that although substitution is agreement it was to be j hrouirht from abr»td m I jund amj.ir ttir.sti wh^ w i’l: Hut iiabit- -'} military s; rvicc S'ippo.‘;e (’-fn- •:rpss in its wi dom had required, is the c»^n.ide- ratii»n ft*r .>>ubstitution, ta:it f'r^, ablc-b )di«i Insh- hou! 1 b*i put in piaca of the Men or G rmins (itizen, would it have occuri-cd to any one that the po-rer to conscript did not nece-sa'ily include the power to allow sub.^titutiou on ^^oh teuns? The greater includes the le>s And it will be re- ^ mcmb red that suh.-tittition is not a new I ;t is promi.ient, and taken to be a marter -d c >iirse iin a I pri'jr legislation, b th in this c u^try .md i.t l^^jg and. \\’’htre “^hc miiiMa” is io. ked on a.s a modo of dolc ict in cx«co ol iiiCHsiuu or ro- j beii, (Ti, and wurr.; cjos.-ripui m was mi lt; to uk:- I the place of the militi*. orga-iizuticu. a.-; a mitter of’ course it was accompauici by :his proujiueiir feature >lir. Kittrell, OB the argument, treated the .sub ject iu a ditferont light. He assumed substitu tion to be a cootract, but insisted Congress had no power to make that particular sort of contract, on the ground, that it would be “political suicide;’* for, ?aid he, “if Congress has power to deprive the country by its contract of tho services of lOOu of its citizens, it may exteiid it to 100,000 and •>00,000, and so we would have no citizem sil- di its . . \\ heth^'T it would amount to “politi cal suicide” to hare a condition of things in which oOO.OOO Irishmen and Germans would be in the arjsjy, to fight our enemy, while a corre^pondiug noinbor of citizens were at home raising food and clothing, and paying taxes to supj>ort th:s army, is a questioo into which a court i.s not at liberty to enter. 1 will d>«firvo tlv*- moio ot rea soning, by ffuppoiing extreme cases, is not ^pt to lead to truth, and is very apt to cover fallacy, (as it manifestly does in this instance,) for, allow that in the extreme case put, it would be political suicide, does it prove a want of power, or an abuae od’ power? That’s the question. If Con gress has the power, whether it will so exercise it as to commit suicide, or to stultify itself, is a matter irith which the courts have no conc(^, and a pror*or respoct f "ir a co ordinate branch of thw Governmcnt forbids the judiciary from mak- inj^ an extreme supposition, in order to expre.ss a conjecture, how I'ar a, power may bo sn abused as to avoid it, and require the courts to say it shall not be cxeroised, under that head of jurisdiction by which the courts ‘prevent mad-mcn or idiots from injuriog tiicmsclves or “wasting their sub- staoce.” (>0T4»rc ■» ’i"'9 power la borrow moni'y oa the credit of the t.oafcd-srate Stttes. It has, (I believe,) borrowed fift v-n psillicus, and pled«eJ ttie export duty on cotton; it ;.i.^ p..'W *v to do S'), %S >4 nftce i«(».ry an * proper ;o e'u'»''!e it t'-. borrow fb*' money K.ua ou* this raa- ^y pt’rD i8if ei’/noie c»s"«: ’oasr'»8'« borrows ' 1-nU 0'j0,(K»0"« 'ud theexpori.i'.'Uv .,a t. (bftoo.i; !rVt I .J ,o.VS l5i) ’ i'jV-' lU p'tf V S t X*- fi Vj.ll Mdao°c’ has been paid ep ed, It 18, to ail intents aad parposes an executed contract according to the common law’ b.il A not be presumed to Governmeot of the services of those men during U presumptioD, ft • rebutted by direct evidence—-Congress has “ss^irtiht “ “ « suggastod, “the manufacturer is wempt ur»n the condition that he will dispose It "I higher ahan 75 %r wnt. added to the cost of production; he process to manufacture and sell at the reduced price- ” ^ on,lition is an- to a gratuity, gift or sale, by which it mt»y o« aeteated; a consideration formn a part of the distinction. Hat it is crue dit;L*°™ other, and the con- constitute a consideration, whea, from appears to be the intention. Wh«W th,. be the i„ rcRard to th»t cIms Mii. S“”-’ "'"5'' * aOTnnlT' " is » 'ino.- the ground m 'r “ d IU rely ai . ’ • «- oontraft’are u^edla^", voras of tntion ft certainly h.^'not^hTr'^'" gument ir oh!nnhtm,^^n,\ tiiar i of view in which it can h-ivr k • I • • iiiir. It IS also suggested, “a bl- .! i •nUrged hi* busiuess in coub^quiuce'i •mption, may aay he cannot rightfullv \ p *r 1 ^ 90lQt«4. A similar anfument: a \ mira''UH. in ooDsideruiion. among other things, that the T argument was urged by M r. bonds should not at »ny time bo liable to taxaUou— t of -n •x ’ only p->in'c ! t »Xi; i J t'i ■ t ' ■ r. • ■' n fi '.i' n. -i; f"'!' : ■> .IJO-'"';' ^ r:-r.l : r. * j ' I- ■ 71- • , OF*. ’ . Tilt I T . i J V i,j t n ii;.i Li on r.--d i- .i "t.rj f,’rP!»8 ;\..d a'^ p twor 0 borrow i>e iS.Oi 0 OtMj «n ■ >tis ' ; •' rot' ri? 'T" • ati ioua . .. juijii isas ' '* if’u wouM i.t e t:. '. coramcrci tl ^ •rll. ' c .80 au it uoGia; Qj? MareUoiii jj. jposaJ a hioh to eti'iblc the Goveramont to borrow 400 Tbf* An]y authority rvHod on to i.upport the position that Congre‘18 has power to violate its own contract, is tre ■^fif'ision of hi« Honor Judge French, in tkt matter of Wtl'iama The question is, does that decision settle the law, or sbculd ii be ovcrru'i*-!? 1 am aware tb%t in t^e opiirton of t p Secr'tft y >jl War and of his Excellergy Gov. V.i'vs.'. 'he dect'=ion of a single Judge on habeas eorjmt qU'-t'tioas ia ouly binding in the particular esse, a»>d 1 iu...r, frum the f^ot th»t aoae na»e filed opin'ons ex ccpt Ju'lue He%th and Judge Frenr.h in tbi« insttince, tr.e Judges take the same view, bnt intny opinion i! i ' n'-o f ntitl(>d to the weight of “the sutbority,” m '"\a a ".jud cRiur.* case.” a? tiet^liDg the law until th# j i l«rat:ntbe rev"r«e i. or the prinoip’eis overrnlwi; for 1. 1- the decisio” of a tri»iinal of superior general ju ris j c ion o»fi the 3u''j’.-wt, wiiKout appeal Tii pjwer c.f a iri*'ii...al, hiving equal »tnd conourrea' to ovefu'.e » d- iifiio'*, is conceded. Ii is •* jui'citU fan>jii3H ra»le uec-psary by the imp rfectina ot jad^meut, r.nJ must be exercifted in order to fpourc ^>rrec’ne»3 of d^cistou; irue, uniformity as well iT'O'ucss '0 be desired; but the fortiier is ea c'Tiarp, bad mu >r wie.d wbeu ii appears that a court r.« f-Ilea inio e'r.-r; an l iSe eoooer error corr(otcd, tbe l>:»*fer, for if will e|)'-ei»l and Kecome ths oource of ■thrr rrors;—Wiibsms » Alexander, 6 Jonc?, 130. On ’ou'-tr'i T his h’ok". a lawyer is sure to find *'ca«e* fv.’rriil ' l ” a.> ia.-it in'** s: Stowe v Ward, ' Dec 57. is >verriil-J '.y W ;r J » J?i(. w *. 2 DiT Eq 50^); Wtgstaff v .-'•mith t [r.; 1 K.^ 1, bv Northcot v C-sp* r, 6 Ired, Kq. •• i; .^'j iu ll V i.?arj. 1’ Irrd 2'J.'W by Myers ▼ raige. Bu b e, IbU rm (be jjri.^dictioa should b« exerci^ted .;d .>n’'v wfieu piilfubtf error is shown. Se»- •»rHl 0!r.iui:i Jaixc('i> were relied on by M^.‘Shrd Qilaocr sad B vdco. A t'; diog to w;’*keu the authority of Ihe deci- si a ta Wiiii ims’.s osar: It conll eta with two decisions be'-'re m»de 'ly oii H loor J'ldee Hea'h, in the m'^tter o' Famie’’. «J-oide' June I8Ho, and in ibe matter ot Rick‘d, publi-h-*! .\agu^i l>'t>3 To* opinioc in Wil- lia3.«>'p css* l:,es ;ot show error in cither of these deci sions. and in f-to? t;Jr«*Hno uotice of etthpr *dj:idioaiioa. io theri? if c >t rti-f. »ii J the deciiiou naw to be made fo 3. t'!'» the l-fl> tTioe between Judge He»tb and Jii'V"* n'^b.'by o*emi!iDS oi« ‘b-> o'oer. Greater r» in d';e !o -i ieci.'ion Diwde nfter niU arfuuieut, t*-4T. t oa.* v.a^" hastily aut without arfuraeut At ih' t;- e ih? ;eri«i'D w^^ iiude t>y his Honor Ju>ige Ff--ri. 1. tb’i oftse was peuding, .an I the hearing p-ivr- f., ; m or ltT 10 h\T6 A full arjtument, aod if the first J ‘ciaiou be concltuwe of the law. it might tend to produo'- the In tubtUL .ip»ciwsie of “» race” as lo who *h ,il i *et Ihe fir«i julg'neut; and '• wm aiaiM, on the HriTtiTii-n(. th'Ti in Wiihaais's caec, the •rit was issu^d, fi.it,- f>*l i.T»* |V%^ !?•; 1..^ ry, - -j ! th * o^iui u fiUii lu 'imo to V'e 10 oiilrs, §^d f'j'! c"i i j!’ VIoc.t:»j tee February,'stiowiag ha«fe, ■r ! h.* 'ju-Jlicn WsS fr*jud;jad. I’lMi.ui 'b p co>j. >et..‘i!>ni4 jut of »ieir, I lake on ni..i- ih->' pilp*blo error. Tho first .eg 0 > revd^ the opinion at- : ii• j »t ti s Ho”.or iocs n‘>i douy, S'-.: Rcv^r.i; in t>i* pritK'ipl!'s of the OTimion law ■*ul»liiu>i n : r(,nfr:cl " Hr -«»ys a.a one wor.l about ‘I t 'Ui? ‘ mere —wfcicb is the ground on 'T ; I e ’u i.' 1 j-ut IQ t e Pf^-tideni’-* >u;iS‘ige iDd e ■* M •'.'iigi»ri; i'lil y elliijp ihHt psiut, and J u ;ou t. bf a Ooairi.j;, he bol >Iy takes 'b- c'iHUion—r-n. w&ic I no pnlitieS^n, |««yer aod jn;£ vt c» r b fi'" i.tw n—hat tne Government of f f d." e s ...es l is Tf'wer under the Constitu '. n “.0 V . e : w.i c nirac!;’’ ’n other words, he IVO'^SI -Kc /hf t r?;5uui.iti n. and covers his position V 'r g for;h an urrr.y . gt-nerit principles, which “'ipf f>y ‘ . g I of of r» !.Ti-i'ces. I ahajl only n ir Ih i •* i. >>rng d^oisiona of our Su- o ,-u !; S(J/r V. SI,uthfK». 3 Jou-s, 451. The V ,r. r >i i^ie ti as - ?tie do*s not auihorise ;ri .;,r w :r J' '>».. 3;'tcs; ha J guoh heen ■ .r- i 0 !..r : I, ».. t. on r,j r >um lor Cvnntruc- 1 ••• ' I!' •? uti hi?** (Ucid>d, t'^at tae *».ot cj i4'-:i !• n-.-i T I'-i as Ti’>biti g % oontraet; but ? iC:.. I. lie . die cii trier ftut;ior aes the bank, i u.'.'i. I , IJ r •.•>■• ” •diRO''iiB‘ no'e»,’’ I “i'-! !. n I -8 f jt oir, ;;l.ni n ufiihtul saying nf tchat dtnonnnati’in; .t.o liie ' rt cau.>> to tae conclusion, that by a tr oor,s;ruc i^o. Tne power lo issue one ioIUr r,c?'S did r.of frrm a i'Rrt ‘of the esf>euoe of the oon- irjio!,” Irut wiH iQcro incident," intended by the par- tiey to be tubject lo future legislation; on the ground, ibai t‘ n Lef-ir-lature Will not be presumed, from the use of^reneral wordo, lo give up, by a contract, its power to r-*(ra'ste the curr.jiicy; but this preHuopiion may be r#. butted by posiiiTe pr4of; that is. by the use of plain and urjrquivjcKii terms of contract, os if the odarter had sfieofii d “cn«^ dollar notes,’' thereby making the evi- 'i"uc** cf a contract as positife m is don** by the words used in tho sot of Congress, in regard to sabstitmion. Hid Honor, in what purports lo bts 4 quotation from the of iaion ji I’KaasoN, J. d es me vreai inj'istioe 1 set t/Uf tw.‘ alt: roatise piaition'r. ‘•ia authority to issue ro,n!l noiets. crnferred by the charter, as a part of the essence of the r:tntract. with the intention to put it beyond the control of all fut’tre lec/isl'itionf” or * is it conferred as a mire ineidtnl, with ihs intfatton, tftaf it ^ftould ie ru-\iect to such limitations as the Legislature might, at any time th^reaftrr, deem erj^edient." &Q. lie do-.anot gat out botii ot tticse positions or either of them, OtlT 0o)iToufiI8 them togetht-r; tak«^s Ihe words, “as a part of the es sence of contract,” from the first, end substitutes them iuto the second in place of the words, “as a mere inoi- doni,” whioh kp ouiiiB, and this mars the sense and maites noDSeuso of it, and represents me as saying: The au'bpriiy to is^ue small notes is conferred by the char ter, ‘-liB part of the essence of the contract, with ibe in- feti*ipn that j». sitonld oe subject to future legislation ” mi that this is so plain ttaat a mere statement is saf- ficient to disyose of it I must be allowed to jbjeot to this m ide of treating tho opinions of Judges. McSeer, Wilmington and Raleigh Railroad Co , 2 Jones, 18fi. The «tat.*ment made ny his ilonor keeps in the back itrouud the pr Diinent fact on whioh the case turns, that the struoture—a bridge erected by the Company was a mere continuation *f the road across the rivet; no toll was ever rccaived on ii as a bridge, and it wa« used in every -espect as any other part of the road, and the de- cieton is put on tho ground, that a structure or bridge* of this sort, was not in cautemplation of the parties in 1776, ttud was not embraoed by the oontraot. As his Ili'por a^miia sabstitmion to bo acsntraet, I am nnable to see hiiw these cases have *ny application to his posi tion, that t'-e Gorernuient may violate its own contract I have not cxaTiiaed the m'lny other referenoes; indeed it i» unntfo>s- iry, fori concur in the correctness of “the gi?n^r■^l priucipl^'s” ip support of whioh they are cited; ►d J ti«!b)r aad re8t*Hrch b>>stoweJ o t'hese general p miui • : I v te"* t to pr^v.j. th^ino c^e can be found r t-. ' '• - p.»r?io.iVr on which bis decision I T his ,s ' t .1 tc-' aiif on, ’ g i pr , . 'jf e D .'a.i.s. •• ! . V J i I'.,. S'.,ai.e p . >a VI). .tt UM -I>n ror —a non sequttur. f btt i^poi'tuoit liji uuiiuii, I hat ihe dtities have all le gislative powers except such as are prohibited, whereas Congress baa no power except it be conferred bv the oonaUlution, is entirely overlooked. As Une States hav» ’^,cnor t%ke3 two i •■lovstitti ion of I S ocg.eis* to pass hough eueh thP'-fi'ii-e,. erate 8ta*.es has no power except it be confe’red by the Constitution, a prohibition in regard to the Confederate States was unnecessary; all oocasioB- for a prohibition is suporoeded by the article whioh provides: “Th» P®^' era not delegated to *he Confederate States by the Con stitution. nor prohibited by it to the States, are reserv ed to the States respectively.’’ So, the conclusion drawn from the abs?no(' of a prJhibitlon in respect to tbe Con federate States is illogical aud pslpably erroneous. 2 “The Congress shall have power to raise and sup port armies—to make rul^s for the governmert of the land and,naval forces,” and “to make all laws whioh aball be neoeaeary and pr^p^r for o^rrying into execu tion the foregoing power", and a'! other powers vested by this oonstitu*ion in the governm'nt af tbe Confed- erato States or in any dppa^tment or officer therecf ’ The reasoning is this: the act of Coneress cjoscdpt iog men who b.ave put in subijlitutes, is necessary and proper to carry into etfeot the power to raiae armies; therefore Congress has power to vjojate ifa own contract; ■i non sequitur. His Honor ftitp to’tn-ke iuto consid'ra- lion tho fact that the supposed necessity is ORUsed by tbe act of Congress which allows substitution as to conscripts and tbo a't o!f the Secretary of War. Oof 20th, 1861. whiot' nllow^ substitution as to »oiunt.crs He fail? to consMer, that ibeclvise lo make all laws which shall be necessary and proper fir carryi*»z into execution the powers conferred by Ihe constitution, has never before Vieen supposed to be a frraut of a general substantive power, but ia confined to the means of giving fff-*ct to the powers already conferred, aud is merely tb«‘ expiessioti, out oi abundant cautiot; of wUat would have been implied, aud ha failtj to consider that ihe word “proper” i^ added to tbe word “uece.ssary;” so tUe measures adopted r.*u«t be both necessary and pro per, aud certainly, however groat the necsssiiy maybe, it never can be proper for the gl»vernmen^ to violate its own oontraot; and he fails to consider the consequences to which his doctrine bads, DOthins: more nor less than tbic Congress has power to do whatever it pleases, in order to raise and support au army!! I U may repudi ate its bonds and notes now outstanding, a renovated currency being nece'wary to support the arujy—or it may conscript all tchite women between the ages of 16 and 60 to cook and bake for the soldiers, nurse at tbe hospitals, or se-vo in the ranks a« soluierg, thH.s up rooting the foundations of society; or it may conscript ■ the Governor, -fudjces and Legislatures of the sBTer»l States—put an end lo ‘Ptatc rights,” and ercc! ou the raina ^ ••ooonolidated military despotism So, the fact of subjecting principles of substitutes to inilit.ary service, sinks into insignificance when con trasted with tho ooastquences to whiob the grounds ou which the decision is put must lead, >ad for whioh the decision, if not overruled, may be cited as authority. I am convinced, then, tHere is not on’y palpable error ia this sccond ground, but it ip destructivtf of society and pubversivo of our coi'stitu-ion. Fgr theae reasonp, 1 do not consider f-.e ca»e o' Williams as an authority, and for the reasons above s at-d, I have the clearest conviction tha« Congress has not, uud^r the con^Mtu-' tion, power to pass tbe act in question, snd feel i* to bo my duty to declare that in my opinion, it is void at^ of no effect No one can r gret the necessity f^r this conflict of deo^Bioft laore th»n 1 do. What is to be its eftVct, Is for the consider.ation of others. Itmay ^e t> leave the law unsi'ttled. and that k ■ judgment of didcharge,” or habeas corpus, will, heretofore, be treated -is binding Dnly in tie particular cw I sn^«;e-ted to Governor V’anoe, t« meet a c. nditioa 'f thingi lik« the presen?, the propriety of calling rbe attention of tbe Ley;i“lMure, at its la.«t session, to ih« sx-^edienay cf amending the law so as lo allow appeals in habeas corpus cat>e«, nna make u tha duty of the Chief Justice, under oi?rfa’n circumstances, to C'U an extra term of ibe Suprt*rae Court. No action was tnkeit by the Legislature So, \ hare «0 power to call a ftrfa of the Court, and the other two Judges ooncur wit.h me in I'lC opinion, that »s tbe P jpreme Court ban jnrisdiciion, tbe law does not authorize a canvocafion of all the Judges in vacaliou. My duty i? pUin, to decide the cases before th* accord ing to th* best of my judgment I mu# be pprsjitted to “Tpress my obligation lo the learned oounsel, Messrs. Brsg^ and Kittrell. who ar gued on tbd side of tbe Qavern">ent, and Messrs. Gil mer, Boyden. Scott aut Caldw'll, who argued on the side of the petifiouer, and Messrs Moore and Fowlc wiio tiled written arcumente, fur the assistance they have rendcrrd nje. 1 feel that I have Jieard **11 that can be said on bo'h sid‘S of the que.stion; aud, if I have failed 10 irrive it % orre>'t conclusion, it is be-jaase th" ^jwrr of judiuient with which naiare ha» gifte ro». »i le i *'y a life-time st';dy iu the pnui'iples of tbe law, does not enable me to nmks leg/»l ie'in?!ion8. I will *vdd, that lb* p.*ins taken by the vtti^ers of tie gj*ert meuf to b»ve the qu^tijn fully argued b'fire a jud'cial tribunal, affords a grilefuL assaraaoe of dp-ire to have t»w righ's of the citizen aseertain- d and prot«*t«Ki by an adjudi';*tion aocoriing ro the ojnsiitu tion and laws- t. ......J.. J. isiHt b. c. >«a!ton forthwith dinctiarged. R. M C. J. S 0 Feb 2!}d, 1804, at Snlist ury. iH THE m.\tter of .mioh.aelIlono. HABEAS t’ORPL'S. This is an appiicatiou to me for a writ of hale u cor pus fouo led up''u thn alb/ation that tbo peti'i.uer Qnving heen liable (o pcrf>rc> militsiry Fcrvice, b* I here tofire fut a subs itute iu the army of the Confederate States '0 serve in his stead for threo yei»rs or ih • war U • contends that tbe l.'.e act of C.')ngre>s, uud-r the •iUthority of wMcb he has been agaia tarollcd and taken int- eust-.dy. is unoon*'itution«l and void A grave qu;snou ia at once presented, whether I am not prohibited from issuing'he writ An ac: wa» p-ssed at the late session of Congrsss, ntitled an ••Ac* to suspend t he privilege of th« writ of habeas corpus in oeriain ?d This a«t was passed under the amhority of a power conferred upon Congri:5.s the purpose, and itsconsli lutionality cannot be doubTei. It is binding upon all tie Jndg?3br»thof the v ofe l.-rafe and the Stats t'curts. aud they are not at liberty lo issue tLe writ or, if issu ed, to proce; d under it. in any of tbo cases specified in tt*e act. The«e oases ar.» clearly defined and olasbifi’d in tie brat swC'ion. aad am ^ tncm is a cljss mtr'-ed with th" amibi*r 5. The qijdsiion bcf r-.i m-3 arises u. on tbe specifickiion m tu»t class ••of at»tmps to ■*Y .'.d nu'itary si-rvic"; ” Are u t porsjns who are cUiraed as coa£cr:pts, or as other wise li>*b;t to milititry service, nnd who appl*- for a writ of habeas a>rpus for ittB purpose of thereby getting exempted from it. mak ing «tierapts to avoid ii? To uiy mind it s ems clear that they are. Tbey i^re certainly withtn the letter of tbe clause, and why are they no* within its spirit? To this it is said >hiit the act was intended to apply only to those,,who, being liable to perform milit'i.ry duly, were unlawfully attempting to evade it, and not to tiso'se who seek the benefit of the writ for the sole purpose of estab lishing iheir claim to exemption from auch duty That cannot bo so. Such a rfstrictod conslructiou of the Act would tend strongly to def*»t tbe great purposes it was intenJed to accomplish It could not, in tbe terms of the oonstitution, be passed at all unless thecuun r', were in vaded or ia rebellioc. Tbe salvation ot tbe country is tha object sought, and tbe fr*»niers of the cons itution who authorized tbe act ci suspension, and tire IcgisUtors who passed it, deemed thatobjeciiio traueoendauly rreat ffeat I'or the time all individual rights whioh conflicted wiiti if. ought to give way to it The spirit, then, as well as tbe letter of the oiau->e, must embraoQ all per sons without any exception^ wlm arajna^iuxr -»o »voiu minify scTvioe. But if the words upon which we are commenting admitted of any doubt, it is entirely romoved by the proviso which immediately fol lows them. In that proviso a clear, definite and precise remedy is given to any party who does not legally “owe lailitary service.” If any such person be wronged by a subordinate officer, bis superior shall give prompt re- drot>8 to the injured party, and at the same time punish the wrong doer by dismissing him from office. Why is this prompt redress thus expressly provided for a party not liable to miliury service, unless it was because tbe great remedial writ of habeas corptu is taken away from him? I am aware that in the oases of Walton and others lately decided by Chief Justioe Pearson at Salisbury, he bold that the &ot suspending the writ of habeas corpus did not apply to them; but Why he so held, 1 regret that I am not informed. The question is now presc^?ited to me, and 1 cannot avoid deciding it. If, in tuy opinion, I have no authority to issue the writ I cannot aland jus tified before tbe country *Bhould I do it. In deliberating upon the subject, another question occurred to me, which is: whether 1 ought toissue the writ and await the return of the officer before deciding upon the effeot of the act, or to decide that question now. The 3d secti.^n of the act may, at first view, seem to favor tbe former course. That section provides for the stay of the proceeding under the writ, when the of- ftoer, who has a party in custody, shall certify on oath that be detains him for any of tbe causes specified in the aat The true oonstruotinn is, I think, that when ttie petition iisJiit auowi tho o»ase of the de^entioa, and it is one of these mcntiorod in th:* act. the Judge can not iffsu'; tho writ at >iil, but if euob cause bo not stated n tue p3!iiioa men toe wiit oj jst be ifisur j. »nd toe pisjcifciingi under it can only be suspended upon its t eiog mawd to appear by the affid»vitof the offioer that the true csnae of t^e detentiaa is one of those embri;);ed io the aot I have thus endeavored, briefly anti plainly, to aet forth the reatoai why I feel bound to decline Issuing the writ of A«iaiu c»raus anolM Ut la this case. WUJ^ H. BATTLB. Chapel HUl, Feb. 39k M6i. ITEMS OF NORTHMBK N»W« ' , WAR SKWS yankev Los»» in Florida.—The correspondent From Mitiais.'iippi—.Mkriiiiav, , of tho New York Herald, with the yankee army ' Sht^rman wa« reported at (’aiituu tn Wednes^j in Florida, sends to that paper a list of casualties last. Our cavalry were tightnie him >>, uii in the late Confederate jictory of Ocean Pond, j Heavy cannonading w»h heard in th; -Jirr c i which he says is yery imperfect. It is published ; Canton all day Wednesday. Shrrmku, ir. .. as an “additional” list to one sent two days before. I through tho country, is-ucd m ord ; The correspondent says it is impossible to get the | men must rob the people of sub.’lsu iic •, lists of one or two regiments The aggregate in | ^as effectually done Th‘ yatikot-a t-K.k 9 regiments of infantry, I company ot cavalry | number of negrues frtini this sefition, ai'ij and 4 batteries of artillery, is as follows: Killed, Wounded and lial rl... '■ I'icL 18 officers, 131 men. Wounded and missing (generally both) 49 officers, 150^8 men. Grand total, killed, woundeti and missing, officers and men, 1,271. How much this will be increased by the previous and subsequent lists, wc can only conjecture. The defeat has caused wuch excitenent at the North. The object oT the expedition was to or ganize a sham governmeot so as to secure the vote of Florida for Lincoln. Referring to this the New York World say.s: When the couufry begins to realize the atroci ty of the Florida massacre it will cost Mr. Lincoln more votes in every county of the North than he ever hoped to secure in the whole State of Florida Taking the loss and expense of the Florida massacrc as a ba.‘ti.», tho PhiLdelphia Age calcu lates that each electoral voto Mr. Lincoln expects to secure has cost us so far /our hundred men, tuio cannon, and $o33,iJ33 33. The Age does not attempt to calculate how much more they will cost the nation. Black Republican Aotninatiuf/ Convention.— Oranok C. n , March H.—/The Washington Chronicle of the 3d contains a call for the Nation al llepublioau Union Convention to m'et in Bal timore, on the 8th June, to nominate candidates for President and Vice-President. AU who fa vor the suppressing of the rebellion, and the oausc thereof, are invited to send delegates. The Chronicle «ays that it cannot be denied that great bitterness has sprung up in the Kopublioan party, whioh threatens to ripen into something worse than a preliminary contest for nomination. More of Butler's Brutalities.—We l«arn from late Northern papers that George M. Bain, Sr., and William H. H. Hodgee have been sent to hard labor at Hatteras 3Ir. Bain is an old and respectable citizen of Portemouth, and held the position of Cashier of the Portsmouth Savings Fund Society, and Mr. Hodges, a most estimable gentleman of the same town, dclicate in health, and a cripple, is Cashier of the Merchants’ and Mechanics’ Savings Bank. The offence charged against them is that they sent the funds of their respective banks to Richmond, and refused to di vulge by whose authority it was done. In coo- sideration of Mr. Bain’s calling, he being a local Methodist preacher, he is sentenced simply to hard labor, but Mr. Hodgoii is to be fed on breai’ and water, and to wear a chain six feet long with a twenty-four pound ball attached. The Rev. J. H. Wingfield, Jr , Rector of Trinity Episcopal Church, Portsmouth, because he is an avowed se cessionist, has been put to labor on the public street* for three months, with ball and chain to his leg.—i\tersburg Ejepressf 1th. Small Fox in Washington.—A correspondent writes: “The small pox in Washington City is prevailing to a dc^gree before unknown. There are over six hundred oiises in the 5th and 6th wards aloue. Many persons are afraid to ride in the street cars, or attend church, for fear of eon- trajting the disease.”—Richmond Sentintl. Mr. /h ldrns Card.—The following Was crowd ed out ol our last issue:— T'j thf people of Xorth Carolina.—In oom- pliance with the wishes of many friends, 1 an- nownce myself a candidate for the office of Gov ernor of North Carolina, at the election to be held on the first Thursday in August next. My principles and views, as a Conservative “after the straitest sectj'’ are well known to the people of the State. Tliese principles and views are what they have been. They will not be changed. I am not disposed, at a time like this, to invite tbe people from their employments, and add to -tbe excitement which prevails ic the public mind, by haranguing them for their votes. We need all our energies to meet the common enemy, and to provide means ot subsistence for our troops in the field and the people at home. ].et the peo ple go calmly and firmly to the pulls and vote for tbe men ot their choice. • I will cheerfully abide their decision, whatever it may be. If elected I will do everything in my power to promote the interests, the honor and the glory of North Carolina, and to secure an honorable peace. Mafch 4 W. W. HOLDEN. ly impoverished the countrj wherivci have been c^rp. ir ‘Td A Prevailing Impression.—Of late we have heard the remark frequently mad^, that Mr. Hol den’s chances, and consequently his hopes iu the coming canvass for the Governorship of North Carolina, depend upon reverses to the Confeder ate armies. Let Lde or J ohnaton be defeated, or any other serious disaster befall our arms, and tbe croakers and peace-on-any-terms men will be up in arms, and Holdeu stock will rise in the market. On the contrary, let the hopes oi pa triots be realized, and our flag float triumphant on the battle-field, and it will fall flat, dead—deader than Julius Caesar.— Wilmington Journal. The Danville Connection.—The Greensboro’ Patriot says that the distance of anfinished grad ing on this road is C miles, with about 18 miles of unlaid rails. Xo more Insults to Richmond.—Gen. Bragg has determined to order fifteen hufidred cavalry to be permanently stationed around Richmond. Such a force, picketing the roads, will eflftctually protect the city from the insults of raids, as well as the country from their injuries. Such a cavalry force in front of a raiding party will always check them, until the t-nw—t at id^ can COnie up.—Richmond £nquirer. A Novel Suit for a Divorce.—The foUowine incident is related by a New York correapondexit;. A fashionable couple up town/ married, but not mated, as the story goes, quarreled a few mornings since, and the irale wife, by advice of her parents, has sued for a divorce. The case is only noteworthy from the ridiculous cause of ^he quarrel. One morning, it seems, the husband washed himself, as usual, in the bowl used by both; bat the lady, for some reason, refused to use it that morning, and rang the bell for another It was brought, when the now indignant husband flung it violently to the'floor, breaking it to pieces. The v .fe thereupon called him hard names, when he locked the bedroom door and insisted that she should use the bowl. She vowed that she wouldn’t, if she went ‘‘with a dirty face for a week.” He swore that she should; and so, filling the bowl, he soiEed her hands, and using sufficient force, washed^ her face for her. He then unlock ed the door and went to his business, while she went to consult a lawyer, and the suit was com- menced- Remembtr Him.—^The Danville Appeal men tions that while merchants in Danville are selling flour at 8225 per barrel, Mr. S. S. Lea, a farmer who lives in Caswell county, N. C., brought to fhac place a few days since, and sold ten barrels if flour at 175 per barrel. Gen. Meade, in a Ut« speech at Philadelphia eported the losses in the “Great Army of the ^ Demopolis, March 7—A dispaf^jh uum Jackson, dated Canton, March 2, >|.u; man’s army, composed of the iCf. aud ITiij between 25 and .30,000 infantry an.j ry, lefl Canton that morning, attor r muln' there 3 days. A large number of t-inpty tran^ ports passed down the river to Vicksburg', sh„ ' he to take Sherman’s army up the rivcT The ebemy dc8troyel the railroad s low Canton, burned houses and dcf'fruy.d {>ro\'. ions. Over 200 of the enemy wi-re kiiied captured. Gen. Koss killed 55 otit j Tu ct the negro cavalrymen near Vazoo Citv jTov small wagon trainti were token from the enomv Capture of Yanke*' Stennitrs.—RichMd'n March 7.—News was received to-day of the ear ture of two Yankee steamers by a small party !i( cavalry. Further particulars deiiurd iriexotji ent at present. Rich.MOND, March 8.—The capiurt of the steamers was accomplished 1)y 14 njoii ol the ,‘,tl Va. cavalry, under Acting Master Burty. Thu, crossed Chesapeake Bay in boats and procetde.’ to Cherstonc. They boarded one hitt aiiier u,l brought off a propeller, scuttled a echooti-r ar.; captured 40 prisoners. They ali*o dktroyed j quantity of stwes. From Georgia.—ATLANTA, March 7—Ujj Saturday morning Harris’ Brigade of cavairj a- tacked ^ the yankees 12 miles beyond iliDgtf(ji,j and drove them from their position. We lost i killed and* took 7 prisoners. It has been wei; 'ascertained that the recent Yankee advance wJ intended as a grand attack. The enemy much surprbed to find Johnston iti such fotce No present signs of a movement on the part o) the yankees. From the Blackwater Region.—x'eteH'Bi bii March 7.—Rumors of a very plea.^^ant charactfr were rife on the streets Saturday and yt s*erdav One was in effect,^that Gen. Matt. Ransom hw succeeded in marching his brigade to Deep (Jretn and thas gained the rear of the enemy’.- Ciiupj a; Bowers Hill, midway between Suffolk and Ports mouth, and captured some 600 of the Tanda.- including many negroes. Wc have no mesjis ascertaining the truth of these reptorts, but at a late hour yesterday afternoon no contirmaiioa o: them had been received in official circles bef it is generally known here, and among the ua kees too, of course, that our force? have oceupitil Suffolk for several days past. I'p to Saiurua;, they had not been disturbed, but our puketc several miles beyond Suffolk, are aaid to havc been driven back some distance Thursday lii^hi We are unadvised of the intention of our oiiicer^ bat that there ia some wise end to serve bj this advance movement, is beyond a doubt, and it wii. doubtless be developed at an early day.—£'.ipr Blockader iSunk.—We learn from the luuuths of the river, that some of the yankee bbuiiaaer' have recently been in trouble, one of them having gone under. On Saturday night, or early Suuda) morning, she was purtoing a vessel coiuiof; iuto New Inlet. The pursued vessel run in beCweeu the bhore and the South Rock. Tae blockader in trying to cut her off, must have touched on the rock hard enough to make a hole in her bot tom. At any rate, she sunk in live faihoDi: water. The chased vessel arrived safe at her wharf. It was quite dark at the time. On Ssi urday morning. Col. Hedrick, commandiD^ a Bald Head, struck one of the yankee sliips tbrec or four times, and from the agitation on board, and the crowding of boats around her, it i.c quite probable that the too is in a precarious conditioii Wilmington Journal, TfA The Raid near Vharlottesoille, Va.—Oba.nge C. H., March 7.—The true version is this: The enemy burnt 3 flour Mills^ the Rivanna couDtj bridge, near Charlottesville—blew up one caissoa, not (5, did not surprise our cavalry camp, did not get 50 prisoners, was whipped away by Beck with’s battery and Stuart’s horse artillery, un supported. Our loss in killed and wounded not over 12. The yankees stole 300 horses from Qon- combatants, but took none from soldiers in arm» Wounded iu the Fight at Atlee's.—The follow ing soldiers wounded in Gen. Hampton’s night attack on the Yankee camp at Atlee’s on Tuesday night, were brought to this city and received at Seabrook’s Hospital. T. N. McNeeley, Co. B, 1st N. C. cavalry, gun shot wound in thigh; Ed mond Lype, Co. A, 1st N. C. cavalry, gun shot wound in the breast; H. M. Goodman, Co. F, 1st N. C. cavalry, gun shot wound in the asm; (ieo. Parker, Co. B. 1st Maryland cavalry, sabre cut in Richmond Whig. North Carolina Offictrs Paroled ot Exchanged-. —The Richmond papers publish a list of the officers returned from tho North last weeek; among them from North Carolina: CoL J. K. Connally, 55th, Lt. l5ol. S. H. Boyd, 45th, Maj. C. C. Blacknall, 23d, Capts. D. Bell, 4th, t. Little, 52d; Lieuts. S. E. Belk, 53d, J. C. Warren, 52d, S. F. Adams, 45th, atid G. N. Nixon, 33d Funding.—M.acon, March 8.—Upwardi ol 82,500,000 funded here in 4 j>er cent bondi They are now funding at the rate of S1,500,0X' daily. Charleston, March 8.—The ‘amount funded in the past six days, is 82,200,000. Decline in Stocks and Gold.—Kich.moni», Waroh 7.—At aao*ion to-daj Oou/fctlcrate live year bonds opened at 113, and closed at 102 1-2; bonds of the hundred million loan, due in 1881, brought 120; all seouritiea having deolioed, most of the offerings were withdrawn. Bank stocks sold at an average decline of $15; gold 23 for 1. Furlher decline in Prices.—Richmond, Va, March 8:—At auction to-day there is a further deline in manufactured tobacco, sugar and other articles. 1 Fr«m Europe.—Canada brings Eurofean intelligence to the 20th ult. The Confederate steamer Georgia had left Brest. There are again vague rumors of an intention on the part of Franco to recognize the Southern Confederacy. The German forces have entered Jutland. Death of a Congressman.—The Charlotte Bui- letin of Saturday hat a dispatch^ annouDcin^ the death ot Mr. Sam’l H. Christian, Congre .ssiuau elect from the 7th district in this State. He died of typhoid fever, at his residence in Montgomery county, on the 2d instant Escaped Prisoners.—We learn that twenty-twu prisoners mide their escape from the iraiu on Sun day night, ern route from Richmond South. They will probably pass themselves off as Union emis saries, and the loyal public should be on their guard, and watch out for all such characteri They will be engaged in mischief, and their arrest 'i on FA THITR8B Rshbwicd E. thousands in t' ing that ne»rl soldiers, who h ODS, have actu are expected, t and their coun edly, and uua by the Whig, v out at a time w result of tbe froB' the tiend if it h%d SQ-.CO pri«onerB were if the expedilio just i'l time to the f^e which is quite pofiflM rate, we will r«>j as at thD failure Tbe exchaagi objection to bol law, bas t through and by are, that cacb p of prisoners it h in round nutnbe we have It'.OOt' sand of our me cess received b capture tit.nuirh We copy tbe “We wish to tives at I'oin* £>i know the horroi quarters. Hut be heart sot =0 9uc nnut'erable di* hung than to go soldiers bave ha where, for many insufficient and c or, filth, naltedni with that btart-e Most of tbcm ar thing to attach t! bnt principle an( tbe remembfan«( hamlet or cn the have been told tl Coupled with th bis rccfUi'ing of bou^'ies if they rors cf Indefit-in the seduc'ioD of diligently tried n few grow weak u more: Tbt se wb( pliances are subj fered to '*fich, ou oath of allegiance ing, they arc cffe the war, taking ti “We wish our who reached here and separately, si and h^ve come on out ot the cruoib ferifr trials. Mo welcome these d them as our ocui homage of put i The rags wbich t purple of k’ngs, beats the heart o' by fire! What if humble in j>ositio of letters—a doub Qod has made tbe ing should b« gi again fbo soil of t oountenances of f ye no te men. an tunes hereaftT ” Anotuee Batti posed toKt tue >ai capturing Charlei and operations to the first result of result does not s4 enemy From vJ learn that Le is Florida army; and| tborities are also ] A letter from J. Bavannah Ilepubli tbis po'nt ti'uds to pending ” A iett ■29th Feb’y, says: “We are daily e on all tbe time. I jaukees are oom] They thought the quietly take possei State troors we hi make a stand agai time from am for them or nursii “don’t be afr»id. This letter (a p •In tbis vicinity,) gi attentions bestowt hundreds of woui among the latter every thicg to ati lick with fatigue to their bo 's upoi ly that w e must e *-I must tell yo grace in my hear dressing a ya^ kci blood all over hii blood 1 dressed 1 looked at bis dii it; I am uot ca'l wound; 1 sba’nt i was rising, when you a8kei your S cause yoJ were t again, washed tb« been doing io our o( disgust b'li or Of two wounded i •d toUna Hbepard could do anytbiui tato. When the all around, “Mil way, bring me a ference between asked for a.thing you waui; and enough without was dene in so wash my face a dress try wound from them; whili there was nothii time. One yanke be little expectet shown to them a We see by th Lake City, whic from Ji^cksouvil 100 or 80J wouii Masonic H^ll, ] stable, were thr of atien lance wi “tbe»n> ire fema of cold wf.ivr wboTt) * i*e>? E Dr 0 P Lu*»« Jas: Bat)k» QaB.DB» &KE (Hrdan, below Evaas of this t Kobasoa oooat Rakijfk 0»m/«(ierat€‘
Fayetteville Observer [Semi-Weekly, 1851-1865] (Fayetteville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
March 10, 1864, edition 1
2
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75