North Carolina Newspapers

THE feTONK 6 rFics Over W. C. Pavetteville Street. Price. (2.00 per annum in Advance. THE WEEKLY THURSDAY -.....--FEBRUARY LOCAL MATTER. E. C. WOODSOW, Editor. THK PBOrLB EX BEL. JOHK NlCHOLS YS.W. H. McKee. Belovj we give the decision of Judge Readej filed in the Supreme Court yesterday lafternoon, in relation to this case. Thisjdecis'ion sus tains the Governor's claim to Jiave the right to nominate the Directors of the Deaf and Dumb and Blind, Asylum. The argument in this cae coyers the scope f the decisions rendered as to the In same Asylum, the Penitentiary,. Keeper of the Capitol, &c. It will be seen by a reference t our. list of 'opinions that the Court susUins Governor .Caldwell in every particuUr, save in that of the Superintendent ol Public Instruction: The people ex. ret. Nichoh et al. t. McKeeetaL The theory of our State government is, "that all political power is vested in und derived from lite people.'" . Con. Art. 1, Sec The Constitution is their grant of powers ;j and it is the only irrant which they have made. "And "all powers not therein delegated remain with the people.' Art. 1, Sec. 37. 'This last clause will not be found : iu the former Constitutions of the State. The Constitution then proceeds to di vide the government into three depart inents, Legislative, Executive and Judi cial, and makes a grant of powers to each department, under its appropriate head.and direjets that they shall be "for ever . seperate and distinct from each other." Neither is superior or interior to the other, but each ha its appropriate functions, and in the exercise of them, is independent and supreme. To the Legislatire department is granted tbe power of moling laws ; to the Execu tive department the power ot executing laws ; and to the Judicial, the power of expounding the laws. j V It Is true that their several functions sometime shade into each other as do the colors of the rainbow ; but still they are distinct as where the Governor appoints and the Senate con firms ; or. where tbe Governor fills vacan cies in the judicial deportment. It fol lows that it is not true, as contended for upon the argument, that the Legis lature is supreme, except in so far as it is expressly . restrained. However that may bo in other governments, or . .. . - . uowvver it uiaj uavc uerciuiuix uccu iu this State, it - is plain, that since the adoption ol our present Constitution tbe Legislative, just like tbe other depart ments, acts uuder a grant of powers, add cannot exceed them. This being so, it is indispensable to good government that each department should confine itself strictly to the exercise of its legitimate Junction.,' And then, however they may shade into each other, there will still be harmonyj It is only where the powers are brought iu conflict that they become entangling and dangerous. IThe tirt question is, to which of the departments has tbe constitution gran ted the power of appointment to office f It the Constitution does not in express terms Want the power to any one of the dep artments, and we have to solve tbe question by construction or implied turn, tlfeii we would bave to consider Whether the duty in any given case, is a Legislative, or an Executive, or a Ju dicial one ; but if there is an express grant, then, ol course.that must govern. Under the lirst Constitution igr the State, the Legislature was the general appointing power. It elected the Gov ernor, his Council and other Executive officers, the officers of the Military, the Judges of the Courts, Justices of the ; Peace,- &e. The Governor : had no appointing power, except to fill vacan- cies when the Legislature was not in session. Uuder the present Constitu tion (here is an entire change. 'The people have resevered to themselves tbe election of utmost all the offices in the State. There are still some, of the officers, which, for convenience, are otherwise appointed or elected, or chosen, ns the case' may be, and we pro ceed now to enquire to which of the departments tbe power is given. j 1. We will first consider, what ex-, press grant ot appointing power is made to the Legislature. v j "Art. II, Sec. 20. The Douse of Rep resentatives shall choose ihtir own speaker and other officers. 1 "Sec. 22. The Senate shall choose it$ other officers, and also a speaker pro tempore a the absence of tbe Lieutenant Governor, or when be shall exorcise the office ot Governor." IvThc foregoiui are all the grants of powers of appointment to the Legisla tare under tbe second article, wbica is the legis'ative article. ; And it will be observed, that even these are not grants to the legislature as a body, but only to each Iranch to ehoose itt own offlcets., Under the third article, which is the executive article, sec. 10, "The Gove- nor shall nominate aud by and with tbe advice and consent of tbe Senate, ap point, all officers, &c., and no ueh offi cer thall be appointed or elected by the General AmenMy.'" " ' Except the loregotnz, there is.no other express grant ol appointing pow er to the Legislature, and that the ses sion last Quoted is only the power of . one bianch. to confirm or rejeet the nominations of the Governor; with an express prohibition to the General At sembly as a body, in regard to all offi cers. So, it is plain, that there is not only ho express grant of power to tbe legislative department to appoint to office; but there is an express prohibi tion. ' : j.: . 2. In the second place we will consid er what express grant of appointing power is made to the Executive De partment, j. - : Article IIL Sec 10. "The Governor snail nominate, and by and with tbe advice and consent of a msioritv of the Senators elect, anuoint all officer who offices are established by this. Constitu tion, or, which shall be created by law. and whose appointments are not other wise provided Tor, and no such officer snail be appointed or elected by the General Assembly." ; -' That section, read without any ver- . bai criticism, wonld seem to make the" uoternor tbe genera appointing pouer, uu to xuua4iMi4eguUaure altogether. Dec 13 Enumerate ' tha . nriniin.l Executive officers, tod promcs, that, WEEKLY- HEWS. .. V Nw' X 7 -rr-rr-, , -:vr; ..:7-: & UZZELL. - - fKorBHTow i i II II II J ' 1 J 1 1 J II VI II l . II , . ' A r J ' ' A 1 ' V . & V , . - t 27, 1878 I StronacaACo.'s ' -1 r j - t- - ' . ' ' : ' ' ; . , " ; ; j - . V - ; , : . , ' , . ; ' 3 . t I YOU I. "If the'office of any of said offices shall be vacated by death, fec it suau; pe the duty of the Governor to appoint. The foregoing are all the express grants under tbe said Executive article But junder Article IV, which is the Jii dicial article, section 31, it is provided, that "AH vacancies occurring in tbe offices provided for by this article of the Constitution, shall beij filled by the ap pointment of the Governor, unless other wise provided for," &c And, under Article VII, section 11, the Governor was authorized to appoint Justices of the Peace in each county, until elections e mid be held. From the foregoing it is plain. that the general appointing power ia; given to the Governor, with tbe concurrence of the Senate; and that the power to fill vacancies, not otherwise provided for, is given to tbe Governor alone; and that, whether the Legislature is in ses sion or not, and without calling the Senate. : .''.:'!- " " -v. -J-'r.'J. tetha third twwsjeowljk er what appointing! power it expressly given to tbe Judiciary. It seems , that the only power expressly granted to the Supreme Court, is to i p point its clerk ; and to the Superior Court, to fill vacun cies in their clerkships. ; i: Reading the whole Constitution, and without any typercriticism, it is plain, that such officers as are net elected by the people at the polls, and mot ot them are so elected, are to be appoint ed by the Governor, the Senate concur ring, except the immediate offices-' of each branch of the Legislature, find the immediate officers of the Supreme Court; aud that all vacancies are to be filled by the Governor alone, except such as are otherwise specifically pro vided for. And the Legislature has no more right to appoint the Directors of the Asylums, than the Governor has to appoint the clerks of the Legislature. 4. In tbe next place we are to inquire whether the Directors of the Insane A By lam, Deaf and Dnmb Asylum, Peniten tiary, &c. are officers ; or, whether they are only servants, employees, on con tractor of the State. The arguments upon this part of the case were exhaus tive, and the citations of authorities abundant. The learned counsel who insisted that they are not officers, defined an office to be, a lodgement of some por tion of the sovereignty of tha State; and an officer to be, one who exercises some portion of the sovereign power. Take that to be so, for the sake of argu ment, or put it in another form, and say, that, an office is a part of the goverment, and part of the State polity, and that an officer is one who takes part in the government : and then try our case by that test. The Constitution establishes i. e., "secures tbe permanent existence of," as a part of thev8tate polity, cer tain charitable institutions for the care of the unfortunate, and penal institutions for the punishment or criminals: can these institutions exist without a board ot directors t And is not such a board an office, a lodgement of a portion of the government t And 'are not the direc tors officers, faking . part in tbe govern hient? Tbe statement of the case is enongh. We do not propose to follow tbe argument farther; because, the Con stitution not only male them officers, but in express terms cam them onicers which seems to have been overlooked by the learned counsel. Art. III., sec. 7. "The officer of the Executive Depart : ment and ot the public institution of the State, shall report to the Governor," &c. And note, that this is under the Executive Article ol the Constitution The Governor with the advice of the Senate, having the appointment ot all officer ; and the directors of the Pub ic Institutions being officer, it follows, that their appointments are with the Governor and Senate, unless otherwise provided lor. It is not pretended that hey are otherwise provided tor by veprett terms in tbe Constitution, but it i - . j : .1 j i i u iDSimeu iubi uiey urn pruviucv iui uj implication: (1.) because the Legisla ture has all powers, except wherein It ia restrained. But, we haw seen, tnat ia not so : for the Legislature. like the otber departments, acta under (rant of powers. (2.) Because they nave been provided for by law, to wit, by ap point ment of tbe .Legislature, which, it is lasisted. takes tbe appointment Irom tbe Governor which he would otherwise have, had wif.h the Senate under Art. 3, Sec. 10. On tbe otber aide it is insis ted, ia regard to this last position, that, tnt Mlurvm nrnnriml fnr." i mPAna. uv t aw i.wa.ww - - , j not otherwise provided in the Constitu lion, so tnat, one siue ins:s upon reading the 10 section, "not otherwise provided for bylaw1 And the. other side insists upon reading it4 "not other wise provided for tn the Vomtantton." It bas already been said in two cases in this Court, Clarke vs. Stanly, 66 N. C. R. and Hoi den vs. University Kail road 63 N C. R- that " not otherwise provided for." meant, "in the Constitu tion buttbey were dicta, ana mere lore we bave considered it as an open Question. And at the threshhold of the discussion, we make these inquiries Whv should the Constitution give the general appointing power to the Gov crnor and Senate, in all the Offices named in the Constitution, and net give the same power in regard to offices to be created thereafter or which had been created before? And why should the Constitution expressly prohibit " the General .Assembly " from electing any officer named in the Constitution, and ncrmit the General Assembly to elect officers thereafter to be created t The Constitution reserves to the peo ple the election of almost all tbe om cers in the State. For such as they did not choose to elect, or, it was not con venient tor them to elect, the most con venient other mode was prescribed ; to- wit : nomination ; by the Governor, Elections were taaen away f from the General Assembly, because it is a large body with two branches and is very expensive That was one of the evils ; there mav have been; others. j Would not tbe evil exist in electing officers thereafter to be created, at well asofli- cers named in the Constitution I Doubt less. And most we not construe the provision with reference to the evil? Put the election of ball dozen Direc tors, for half dozen - Institution each, in the General Assembly, and circum stances would often occur which would make the expense and inconvenience enormous. But then it is said, that the election need not be by the Legis- ture itself, but that it may be otherwise provided for by law. : But it is' an swered, why should it be supposed that it was the purpose of tbe Constitution to allow the Legislature to appoint other modes for filling offices than the fiiodt prescribed in the Conititatiaa t If the mode prescribed in the Constitu tion was not the best, wbyyas it pre scribed t It it was the best, why allow it to be altered t And especially why leave the mode at sea so as to engender conflicts between the Departments f It was insisted uv Mr. Battle with much confidence, that unless the 10th section is so construed as to give the Legislature power to provide for filling offices, then the government cannot be administered, and must fall ; because no provision is made in the Constitution for filling vacancies in tbe county officers ; and it wonld be impracticable for the Governor to fill them. 'The county offi cesand officers will not be found under any ot the articles of the Constitution, which we have been considering, but under the article, "Municipal , Corpora tiona." And while the election of all the county officers are provided lor by the people at the polls ; yet, if xaeaneie occur in some ot them, the mod of filling them is not; named. If there were no mode ot filling them, still the fesorlt rtnigftr Hwt be - disastrous r be cause, most of the offices are filled by several ; and if one should die, a ma jority might act; but still it would be a inconvenience, which ought not to exist ; and it is true also,1 that tome of the offices are filled by a single officer. But suppose the fact be, that there is no express power in the Constitution for filling such Vacancies, does it follow that tbe Legislature has the inherent power to fill them ! Why tho Legisla ture rather than tbe Executive ? It tbe Legislature bas no power to fill vacan cies on any other case, why assume it in this? And if the Governor. bas tbe power to fill vacancies in every other case, why deny it in thisi ; it it be a casus omissus, and necessity imu'ies a power somewhere, it ought to be im plied to reside with the general power to hll vacancies the Governor. But, .there is another, and, probably, a better way of meeting tbe difficulty. A coun ty is a corporation ; and, after its offi cers bave been elected by the people according to law, and a vacancy hap pens which it is necessary to nil, it is inherent in the corporation to preserve its own existence ; and tbe electors may bit a vacancy, just as tbe electors may fill a vacancy in tbe Legislature And such legislation as would be necessary to conduct the election, would be legit imate. But it is not in the power of tbe Legislature itself to fill the vacancies ; or to prescribe that they shall be Cued otherwise than by the electors : unless the corporate authorities bave tbe inhe rent right to fill the vacancies ; in which case appropriate legislation to enable them to exercise their rights would be legitimate. Aud there is al ready such legislation. , : . ; Our conclusion is, that tbe Legislature .s no power to elect or appoint any officer in the State, except its own offi cer. Nor has it the power to provide for the appointment, or election, of any officer, whose office now exist, or which may hereafter be created; so as to take the appointment away from the Gov ernor and Senate, or otber appointing power, or the election away from the people. Nor can tbe Constitutional rights of the Governor or the people be evaded by letting the offices to contrac- The Deaf and Dumb Asylum was one of the public institutions of the State at tbe time of the adoption ot the Con stitution in 1868, governed by a Board ct Directors. The 14tn Article, Sec. 5, of the Constitution continues them in office until! otber appointments should be taadej by the Governor. The Governor maae oiner appointments, wno were in office 21st January, 1871. At which time the General Assembly passed an aft abolishing the Board of Directors, and providing for a "Board of Trustees." We assume that tbe Ueneral Assembly had some sufficient reason for changing the name of the Board, but left tbe Board, the office, to be filled by officers. And then the Act proceeded to fill the office with tbe defendants ; and to pro vide that the Governor should fill v a- cancies, "subject to the. approval of the General Assembly, who themselves shall fill the vacancies, if they disapprove of the appointment made by . the Gover nor.", '--"vi i ; The question is, had the Legislature the power to fill tbe office by the ap pointment of the defendants I We have already seen that there is no express grant of the power to the General As sembly. No such grant is to be im plied, unless it be in regard to some ap pointment necessary to tbe exercise ot iu . Legislative functions, as its own officers. And. to make it plain, the power is expressly prohibited. Constitu tion, Article 3, section 10. iberetore the appointment of tbe defendants was toid. It becomes the duty of tbe Governor under section 10 to appoint tbe onicers. And if tbe ' Senate was in session he ought to have sent tbe nominations to the Senate, because it was the; original filling tbe office, and not the mung a vacancy, which latter he can do with out the Senate. Tbe Governor did not nominate to the Senate, but, as we as sume, out of respect for the Legislative action, and under a mistake as to bis duties, be allowed the office to remain vacant until 1st of March, 1872, after Clark vs. Stanly was decided, when be filled. The vacancies caused by his failure to nominate, by the appointment of the Relators, whose term of office is limited by the act aforesaid, "to 1st January. 1873, and until their succes sors are chosen." '' ! ' Regularly, it was the duty of he Governor, on tbe 1st day of. January 1873, to nominate to tbe Senate- the successors of tbe Relators. And " then, the Relators would have gone out of office. But their successors were not nominated at that time the action of the Governor, as we assume, being post poned '' for ' this decision as ' to his powers and duty, and as to tbe powers of the Legislature ever the appoint ments. Indeed the Senate waa not in session on 1st of January, 1873, having taken a recess , lor some weeks, do, tbe Relators term continued until their successors are appointed - v Tbe Senate being now in ses sion, and the powers of the Executive ana " legislative uepanmenu ueing herein declared ; and it being declared that the "Governor, by and with the advice of : tbe Senate, ' bas 1 : the power' of ' appointment ? and , it being ' of great ' public moment that the offices should be filled ac cording to law; it is to be supposed that the Relators successors will be 1m mediately appointed : and then, their term will end. But all that we I can authoritatively ' decide is, ' that the de partments, unlawiullj hold and exer llALhIG.ll, N. C, THURSDAY. FEB. 27. 1873 cise the office ot "the Board of Trustees of the Asylum for the Deaf Dnmb and Blind ;" acd the Relators are entitled to hold and exercise said office, until their' successors are appointed accor ding to law. There will ; be judgment that the defendants be excluded from; said office, and that the plaintiffs recov er their costs. Tbe statute, C. C. P., S. 375, authoiizes the - Court, in its dis-. ci e tion, to fine each ot the defendants a sum not exceedeng $2,000. "But, as the -defendants, went into tbe office under an act of the General Assembly, we assume that they had no criminal intent, &c, therefore, in the exeaciae ot our discretion, and in respect to tbe Qenerai Assembly, no fine , is imposed. 'There is no error affirmed. : Keade J. See The People w. Bledsoe et al. at this term, ... ; , ' J 'vi-- McIvkb . Sticks. lue Supreme Court yesterday delivered tbe following" opinion, settling ' the Battle -Iver case : Consider -the fease as if Ashley bad not resigned. His term would have ex pired January 1, 1873. if his successor had been elected and qualified. As his successor was not elected and quali fied, be would bave held over. Consti tution, Article 3, section 1. Up to Jan. 1, 1873, be would . have held as filling his own term, and after that time as holding oyer for the election and equali fication of his successor. . - As .Ashley did resign, and the de fendant, Mclver. was put in his place ; he was put iu his place to' all intents and purposes, and up to January 1, 1873, filled the vacancy caused by Ashley's 'resignation, and after that time, as holding over for the election and qualification of his successor. How long he may be entitled to hold over. or when and how his successor is to be "elected and qualified," may be beyond the purposes of this decision; but it would seem that it will be only until tbe people can elect his successor at the next "general election," to-wit : Aug., 1874, Article 3, sections 1 and 3. It has been suggested, that as term for which Mr. Reid wai elected was four years, from and after January 1, 1873; and as the defendant, Mr. Mclver, is in to fill the vacancy caused by Mr. Reid's fail ure to quality; he is in Mr. Reid's place to alt intents and purposes, and is en titled to hold for the whole four years. But the Constitution is express that Mr. Mclver shall hold only until the next election, "and tbe person then chosen shall hold tbe office far tbe remainder of the unexpired term fixed in the first section of the Article," to-wit: four years from Jan. 1, 1873, Article 3, sec tion 13. It has been suggested that the Gove- nor, instead of appointing Mr. Battle, or allowing Mr. Mclver to hold over, ougut to have nominated some one to to the Senate to hll the vacancy on Jan. 1, 1873. The answer is, that the Gove" nor never nominates to the Senate to fill vacancies. He does that alone in all cases. But where omcers have to be appoiutedto fill a regular term, then he nominates to tbe Senate, unless it be an officer who. is elected by the people f t.nu tuen ne never nominates to tne . a . - Senate but fills the vacancy or term by bis own appointment, unless there is an officer holding over until the people can elect as in this case. Besides the provisions in the Constitution al ready quoted, we refer to the numerous authorities cited by defendant's counsel which were to the point and conclusive. See also People vs Bledsoe et al. and People vs McKee et al. at this term. There is no error. Judgment affirmed. r RkADK, J. Oxford Items. Our Oxford corres pondent, under date of yesterday, gives us tbe following items: . Tbe Reading Club met in larger force. numerically speaking, than usual, at the residence of Col. T. B Venable, on Fri day night. Tbe proceedings are repre sented by a member of the Club to have been of an unusually interesting and entertaining character. Hon. A. W. Venable was elected an honorary mem ber, and was at once designated critic lor tbe evening. ' The oext regular meeting of the Club will take place at Dr. L. C. Taylor's, v Mr. Lloyd M. Vanhook, formerly a citizen of Caswell county, but for many years past a citizen of Oxford, and who was a mechanical genius, bas entirely lost his mind. He was a Justice of the Peace in this county before the war. He is quiet and inoffensive in his demeanor talks in an extravagant and incoherent manner, and his mind is perpetually conjuring up tbe wildest ana most ao- surd fancies, which be imagines to be stern realities. His situation is most pitiable The Good wy n Agricultural Club held its last monthly meeting at the resi dence of Mr. Charles A. Gregory. We do not doubt but he and bis accom plished bride provided a most excellent dinner on the occasion referred to. The Granville Railroad is the title of a bill in the House of Representatives, by Richard Sneed. The opinion pre vails here that if the question ot build ing the read by taxation, as we have heard suggested, is left to tbe people, that their opinion will be decidedly in the affirmative - : Operation Pervorked. Yesterday a painful, but we are glad to say suc cessful, operation was performed on Mrs. W. J. Edwards, the unfortunate lady who was burued si severely same weeks ago. She His been a great sut ferer ever since tbe accideut occurred, and it became necessary to amputate her right bandjust above tbe wrist. Tbe, operation was performed under tbe su pervision of Dr. W. EL McKee, F. J. Haywood, Jr W. Royster and James McKee. Wc are glad to hear that the lady's condition at present is comfortable.- r i: ';; V- SurBKXB Couht. The Court met yesterday at the usual hour. All of the Judges present. The following, cases were argued : -' ii - '- . , R. S. Pullfen et al, v City ot Raleigh, from Wake Moore & Gatling and BatUe & Sons for the plaintiff and Argo & Harris for the city. . - State vs Nick Alford, Irom Wake. Attorney General for the State and Busbee & Busbee for the delcudant. , - M. A Bledsoe vs Elizabeth A. Nixon et aL irom Wake. ' 8muh & Strong aud Battle & Sons, pluintiff and E. G. Hay wood and D,G. Fowle tor the defendants.- ; The Court adjourned to meet thif moruiug at 10 o'clock. . , : Locals is tcb Nbiqhbobhood of TRprrrr College. Our correspondent under date of Monday, gives us the following items from' tbe ' vicinity of Trinity College: , - The weather for the past two weeks has been miserable. ' The roads between, this place and High Point are almost impassable " ". New students still continue ' to come' in. There are at present about 185. '-W aregiad to welcome our bid friend JonaTownsend back to Trinity again. John seems "always gay and happy." - What bas - become ot the si..girg ciubl We would like very much to beat W. P, Craine sing his "Rye Straw' gain, and Ned f MenimonY "Keier," duo you vant to any a purp." 'Both ot these young gentlemen sing well, and' Will perhaps at no distant day be num bered among the best songsters of our Sunny South. 1" Messrs. Palmer. . Grav m$ Dromond all play Well on the vio "rta and the old banlccWonYvou Clvtf us a call, young gents, the first clear night that come f Rev. Mr. Pegram ' had quite a large congregation at Hopewell iast Sabbath, although the roads were so bad. ' We, are pained to learn that Mr. Kernodle is very ilL We hope he may recover soon, by v b.-y.' '( The examination will commence in a few days. "Hain't we glad pur college days are over." Boys, are ye "skeeredl" Mr. Andrews has opened his school with about 32 scholars. He is an ex cellent teacher, i Thk New Boards to Obtain Quiet Possession. The Caldwell Boards for the Deaf, Dumb and Blind and the Penitentiary yesterday made formal de mands upon tbe Legislative Boards.that bave been in office for the past 'two years,for the control of said institutions, and were informed that by the first ot March possession would bo given, the intervening time being desired to close up the affairs of the present Boards. No disturbance is apprehended or is likely to occur. , : y i . . - Tbe Caldwell Penitentiary Board is composed of Messrs. George W. Welk er, John R. Harrison, Jacob S. Allen, Alfred Doskery and Wiley D. Jona. Tbe Caldwell Board j of the Deaf, Dumb and Blind Institution is compos ed ot Messrs. T. P. Lee, J. N. Bunting, Albert Johnson, John Nichols and Handy Lockhart.. We understand that there will probably be no : change at present in the management of this in stitution ....-.-.:-, " All is quiet along the lines." RESOURCES OF NORTH CARO . UNA, r In a weekly paper called the South, published in New York City, we fiud an editorial in the issue" of February 1st, devoted to the resources of the State of North Carolina. .. , , . The article, after paying a compli ment to Col, George Little, the State Commistoner of immigration, and the North Carolina Land Company, in di recting tbe tide of Emigration and this State, proceed to give a "few reasons" why .North Carolina is one of the best States "for people to emigrate to." j Tbe first reason given is the spare ness of the population. With a territory of greater extent than the States ot New York or Pennsylvania, she has only a little over one million of inhabitants. "Along her eastern borders are large bodies of4he fiuest timber, easily acces sible to water tranportation, and many emigrants from the North are now ope rating profitable in that region. These lauds cleared and properly drained, are as fine for agricultural purposes as any in tbe world." ::- ;- y , J ' . The turpentine : trees, "which are highly renumeralive to those who box and dip them" and the- cotton and cereal soil of the eastern counties are re ferred to in highly Cttmpiimentary terms, and their grape-growing qualities are especially commended. Speaking of the soil In the eastern section of tbe State Jihe South says: ; ' ' A j . " froperly set with scuppernong, flowers, mish and other native grapes, it produces more than twice the num ber of gallons to the acre that can jibe obtained in Europe. . . J There is land enough, and to spare'1! in North Carolina, to furnish all the wine that can ; be consumed in tbe United States." y ; y;'J : i ' j, ' -; The middle region of North Carolina, extending nearly three hundred miles to the base of the mountains, "is an undulating country, with - soil either naturally good,, or containing clay enough to retain fertilizers, and being generally capable of producing .fine crops Of clover, cotton, tobacco 1 or grass." All fruits of temperate climates can be .grown with S advantage, j and water power is a bundant for manufac turing purposes." t , ! J The mountain region, extending two hundred miles in length and about sixty in breadth, is remarkable for its abun dant yield of grain crops, its cloycr, timothy . orchard grasses, &c., not being surpassed." It is also noted lor 'the variety and excellence of its apples and grapes, for iutiuo timber, for its water power, and for its cool Summer clilaiate. ' Tus minerals in the central and wes tern portions of the' Statu come lu lor special notices. Coal, the best iron ores, copper ores and gold mines are ifonnd iu several counties, ine silver mines ... . - 4- . . ia Watauga eounty,an account of which was given several months ago by a cor respondent ot the News, are notjj men tioned. Mica, worth $2.00 per poun.', is obtained in several of the - Western Htunties, and tbe mica mints in Mitch ell and Yancey counties are sid to be quite extensive.?, Corundum has been found in several of the extreme Western counties, and crystals of that mineial ot such character have been picked up "' s r to , .encourage K the opinion that rubies and.other valuable sapphires may - be and found by a proper search." On the Whole the South thinks North Carolina Is a most inviting State for emigrants. jWe think so, and we hope the Legislature before it adjourns will take the necessary steps to give to per sons desiring it, fell Information con cerning the resources and advantages of the various ; sections ot , tbe ' 8tate together with such statistics as will be interesting and valuable to emigrants. &TATE AtifiluU LT U R -JOURNAL. -. AL i j The .-first number of the State, Agricultural Journal bas been laid on our table. , .- . i-. ' J- It is an -eight-paged weekly paper, published in tins city,, by it. T.'Fui gbum Editor! and l Proprietor.4--Thej Agricultural and industrial Department iis edited by Capt. James K. Thigpen, and the Department of . Floriculture by Capt. C. B. Densod. ' -. " .The; State Agricultural Journal ib a combination of the Beeonstructed Farmer and the Farmers aitd Mechanics Journal of Goldsboro, Capt. Fulghum having purchased the interest and good-will of both publications.; . ' , ; "-, The first nnmber of the new paper jprc8ents. a ' decidedly " handsome ap pearance, ia filled with useful and valu able agricultural and other matter, and speaks well for the taste, judgment aud ability of :he Editors. ' ; 1 j . We bespeak for this new candidate for public favor a large patronage on the part of our farmers and business men generally.' . ', " ''' ' ' r ': :' ' r x' i Terms, (2.00 per annum in advance. Address R. T. Fulghum, Raleigh, N. O. .' : ' , , THE DEATH OF A DISTIN- GIIISUO UDUCATOB. j We announced yesterday in ourlocal columns the death of Col. William Bingham, which occurred in Florida on Thursday last. " - CoL Bingham's health has been de clining for some time, and through the advice of his physician, be concluded to visit Florida, With the hope that the change of climate would prove benefi cial. But his disease, consumption, had fastened itself too firmly in his constitu tion to , be eradicated, and his friends who know his condition are prepared to hear the sad intelligence of his death. Colonel Bingham was well known as one of the most successful and eminent educators in the South, and the Bing ham School, at Mebanesville, Alamance county, established by William Bingham, the elder, had obtained a ce lebrity enjoyed bv , few private schools of similar grade. 1 , The Horner School at Oxford and the Bingham School at Mebanesville have taken a front rank in point ot merit and scholarship with preparatory as distinguished from collegiate institu- tious, and North Carolina, although 'deprived of her University, can point wit-.i just prido to these excellent high schools, which are second to' none in the South. The Bingham family have been emi nently distinguished as successful educa tors. The grand-father and lather of the late Col. William Bingham devoted their lives to teaching, and many of the first men of the past and present genes rations in North Carolina owe much of their distinction to the rigid training and mental discipline received in their early days at the schools of the Bing- bams. The mantle - of their ancestors fell upon the shoulders of the brothers. William and Robert, who have worthily sustained the reputation of the Bing ham name.' 'U, Colonel William -Uingbam was a gallant soldier in the ' late, war, and although in delicate health while in the army, be bore uncom. plainingly the hardships of camp life. and ; illustrated bis devotion to his native State by bis self-sacrificing and heroic efforts in defense ol btr tights and honor. ' - ''Since the war. Colonel Bingham tins written some valuable school books, and his Latin Grammar has been intro duced as a text-book in a large number of schools and colleges, both North and South. . The death of such a man may be regarded as a public calamity, and North 'Carolina, at tbe present critical Juncture in her educational affairs, can ill afford to lose tbe services of such an instructor. MR. WELCH'S SPEECH, j We surrender much ot ' our editorial space to the remark: o. v. r. velch, Esq.., Senator irom Haywood on tbe subject of the State debt. t -. , Mr. Welch coutend that three Com missioners should be appointed by the Legiblai.uie to it pal ate the fraudulent from the lmnect debt, and then abcei taiu the value of the Sute'a interest in Uti! roads. Canals, and otber public improve meats, and that the said Commiseit Hers be empowered to assign over to tbe honest7 creditors ol tbe State all the 0 . . 1 . . t. lit. 't.l.1M n . t rrt the creditors' surrendering all their claims against the State, .in considers- ... .. " . tion of kucb assignment. , 'Sergeant Clemmons, one of the U. S. soldiers stationed in t Charlotte, com mitted suicide one mghtlast ' week, by taking laudanum. ' Iledido't want to go to the Modoc war, ' NO. 49- ' " THE STATE DEBT. Rkmareb of Sekatob , W. . P. I Wxlch, ; or ; Hatwooo, on ; the - Bell Ihtbodockd HmsEu 'ro ASCEBTAIS THK RSAI. DEBT OF TUX State, aud to Pbovids fob thk Patxkbt of thk 8amb, Dkuyrhxb - . m thk Senate, Mondat , tub 25th ' of Fkbruabt. 1873i r : :: . v 4 The ' Bill is to 'ascertain what por tion ' of"- the J debt " of North Carolina is valid, and the manner ot paying off the same. It authoiizes the Governor to appoint three discreet and able persons as Commissioners on the part of the State, whose duty if shall be to ascertain and estimate the State's interest in' Railroads and other public improvements; to ascertain the debt contracted Bnterior.to the war, al Well" as tbe amoULt actually expended lor the legitimate purposes- for which appropriations were niie of the bonds issued from tbe Public Treasury during and since the w ar. That after this shall have been ascertained, 'the said Commissioners be empowered to sssigu all interest which the State may have in said public improvements to J the parties holding such legitimate claims, in such proportions as the 1 aggregate interest of the State in such improve-' ments bears to the aggregate claims againgt the State, and that the State protest against an other compromise : The condition of North Carolina to day, Mr. President, is well calculated to excite tbe syaipathy of all her citizens, and more especially should it command tbe anxious consideration and solicitude of, those occupying seats in this Assem bly, whose highest ambition should be to relieve ber from tbe embarrassment under which she has too long travailed. Never in the history of our common wealth bas so wide-spread dissatisfac tion prevailed amongst our people. The present indebtedness of the State is an iucubus that i paralyzes every energy. and so long as it continues, there will be but little prospect of advancement in any of the material interests of the country. Something must-be done and that speedily, or our ship of State is for ever stranded upon the shoals of finan cial ruin. Tbe exigency is upon us our . duty imperative. The subterfuge of equivocation in reference to a matter ot so grave importance can no longer be successfully continued. Our people de mand decisive action at tbe bands of their representatives.and will be content with nothing less. ' The policy of non action which has so long obtained in these halls only adds to our embarrass ment and aggravates the disease. Time but multiplies and complicates tbe difficulty. There is no escape other than by "rising to the height of this great argument," and meeting the issue like men. Tbe gordian knot must be cut and I, for one, can see no other way than that proposed iu the bill now under consideration. 1 v ' ' ; 1 In presenting this measure for the ad justment and final settlement of our fin ancial troubles I . know full well, Mr. President, that I am subjecting myself to the severe criticisms and animadver-' sions ot a certain class of political causists who denounce in high sounding terms everything looking towards even partial repudiation as unworthy of this body and derogatory to the character of the Slate. But I would ask these gen tlemen what plan bave . they proposed to settle this vexed question f What policy have they indicated as the surest and best for tbe relief of a tax-ridden and impoverished people f -The burden is rapidly accumulating our cession is drawing to a close, and.as yet no plan bas been suggested other than to rest quietly until Congress in magnanmity assumes tbe debt. Yes, sir, this . is the ignis fataus (for in my opiuion it is notuiug more; which is now blinding the eyes of Senators. Tis an illusion that attracts but to deceive. But ' will Congress do this ? Ought she to pay off these entire claims? The narplota and bloated bond holders would doubt less rejoice to witness so great an exhi bition of generosity, but should we, know that most of this debt was con tracted through fraud and in the interest of rings, be willing even lor tbe United States to be thus imposed upon and that too for the sole benefit of men who have done so much to trample in the dust every interest of our, people. Our mdebtness, according to tbe most reliable Calculation, reaches the enor. mous sum ot thirty-seven millions of dollars equal to at least one-third of tbe estimated value of the entire real property of the State; The interest accruing annually is more than two million of dollars. Be cause of the scarcity of monej and the meagre compensation received for la bor and Us products great complaint is made against the taxation collected ' as a revenue to defray tbe .ordinary ex penses of a government complex in uieii, idu uubuiicu 10 me wauia 01 our people- Add to this the interest on the public debt enforce its coilectiona.and you may say farewell to the cherished homesteads ot our toiling masses tbe sun of Carolina's prosperity goes down forever ber yeomanry in a few short vears becomes the serfs ot lordly bond holders, and chained to a slavery ; more intolerable than freemen tamely submit to who bave once tasted the sweets of libe.ty. ' ':' " f w Anterior f o the late unlortunate conflict of arms between tbe two sections of our country, tbe old North State was more than able to meet all her just obligations. Her fields blossomed with the fruits of honest toiL Abundant harvests reward ed the labors of her children. Prosperi ty smiled o'er, the land and peace and quiet and happiness blessed our hearth' stones. . . But the destroyer came, and his liMttttrps were marked with . desolation aud rui.i. Nt: h Carolina emerged from that dire eoiidict iru aud bk-cdW. but thanks to the noble hearts of her braie sons, with no taint of dishonor' upon her escutcheon, her brow wreathed with a balo of glory. And in the. darkest hours of bj.-r humiliation though rob bed of that wealth which she bad ac cumulated by years of honest toil witA a resignation and a manhood unsur passed in the annals of history,' She went gallantly to work to rebuild tier waste places. Had the then been left alone to repair undisturbed the misfortunes of of the war,, Id a few more . years! she would have regained something of ber iormer protperitv and splendor. ' ! 1 THE WEEKILOTa. f RATES OF ADVERTISING, t ; Onesanare.onlaBartlon i m Onsquaretwo insertions i 60 On gqaare. three Innortiona llMl 33 1 Ort One square, four tnserttona... 9 One square, three months......j: a One square, six lnonths....t io a ; One square.twelve mouih j8 04 For lai rger advertlsementa. liberal oon rlfl be made. Ten lines solid tracts wi pareil constitute one square.-. - ? ; But mark . the sequel. No soonor bad the true soldiers of the Union re turned' to fhelr ! distant homes than a horde of vampires from Northern deus, tike the locusts of Egypt, spread over the land to devour the small pittance left by the magnanimity of their prede- : cesser. These cowardly ' miscreants, too ignoble" for the tiles 'Of federal soldiery, by pandering to the prejudices and exciting the baser passions of that unfortunate class; of our citizens who had just been rt leased from the shackles of slavery- had but it Is difficulty in foisting themselves into : positions of honor and trust, j The entire policy of our .government, was changed. The treasury was depleted, our noble Uni- ' vereity dismantle.!, and the creiit of. our people wasted by the most profli gate , and . urespousiblo legislation " known to ancient ; or modern - times. Scarcely a relic ' w left - of what we Oaee were as a landmark tu future gen- - rations. Nor were these meo .. aUie the authors ot our " ruin. Ready allies, with hearts exjuajly'eoirdptpwfiretound 7 among our own peopfts to assist in the horrid work, and well did they perform their woik. . j. , ... r Everything around us attest tbe pov erty of North Carolina." The whole State feels the chilling, withering curse of the rule. that: bas been over us. - All the instincts ot'selt preservation -do- mand'tbat ire we are swept away by ibis maelstrom ol accumulated misfor tunes, Bounething should be done to re sucitate the crippled , energies of our people. Our entire ly-tem of public improvements has 5 been deatroved. Trade languishes." All 1 the incentives to industrial pursuits are cucrvatod: Efforts for the developmeut of Xmr naj,u rnl resources meet . with no encourao mtnti The condition of bur ' unfortu nate deaf land dumb and blind and in sane is pititable in V the extreme. : Not . more tbani one eighth of this charne have been supplied with even reasona- . ble accommodations Hundreds, aye, thousands of poor orphan children in every part of the land call loudly for help. Denied the means of education, these are left Jto grow uo in almost stolid ignorance their only schooling such as leads to crime aud wretched- -ness and want.; Shall this thini-con- : tinue? Will the representatives of a once great State, by this suicidal poli cy of ."masterly inactivity" give their sanction to tbe continuation of a a condition ot aflairs bo shameful ? It so, fhe future of North Caro lina is gloomy indeed.7 Every en terpise far good is thwarted and a reign of intellectual darkness inaugrated that will blight for all time every prospect for the prosperity and happiness of our people. This tide must be stopped. Seminaries of learning for the' dissemi nation of knowledge and the diffusion of moral principles must be built up on the spots now disgraced by jals and houses of. cor rection. ' Wipe ' out this debt to the full payment of which we are bound by no moral obligation, ' and a new era will be made to dawn, giving security and hope where thero is so much to dishearten and depress.?"; No people in this beautiful world' have been blessed with a more lovely land than ours., It is Indeed a "land of hills and valleys," with - a climate as varied and salubrious as was ever en joyed beneath Italian skies a soil rich in all that produces food and comfort for man rivers opening into the wide Atlantic, uppn whose placid bosoms flout the commerce of nations moun- ' tains in whose gigantic sides repose mineral treasures of untold wealth, and blessed throughout the entire domain ' stretching as it docs from the lovely shores ot the ocean, hundreds of miles to far west with a population as honest and law-abiding, - as generous . and noble-hearted as live under the broad aegis of our common country. Relieved tuouT the shackles which this debt has. thrown around her, and at no distant -day North Carolina will proudly, take her position in tbe front rank of her tistet States.' ' " . i v A:. Congressional. ' . Washington, D. C, Feb. 25. Trum bull, Morton, Carpenter and Hill spoke: on Louisiana affairs. I Their spetclus were echoes of their several reports. The Agiicultural College bill, which gave an opportunity for the debate, .went to tbe Committee on Conference. The President's message, after nar rating ! events, . concludes, "I bave no specific recommendation , to i make . upon the' , subject; butlf there is any -practical way of removing these diffi culties by legislation, then I earnestly request that such action may be taken at the! present cession of Congress. It seems advisable that I should state noW -what course I shall feel bound to pur sue in reference to the matter in the event of no action by Congress at this time, subject . to any satisfactory, ar rangement that may be made by tbe parties to - the controversy,- which of all things is the most ' desirable. It will be my duty, so far as it may be 1 necessary for me to act, to adhere to j that government heretofore ' recognized ' by me. . ; , ; . . " " ., To judeof the election ami qual ification of its . members is tbe exclusive province of the House. but a. to State offices filled and held under State laws, tbe decisions of the State judicial tribunal, it seems to me, ought to be respected; I am ex tremely anxious to avoid any appear ance ot undue interference in State af fairs, and if Congress differs from me as ' to what ought to be done, I respectfully urge its immediate decision to that effect, otherwise I shall feel obliged, as far as I can by me legitimate authority, to" put an end to the unhappy contro versy' which disturbs , tbe . peace and -prostrates tbe business' of Louisiana, by the recognition and support of thit government which is recognized, acd upheld by the Courts of the State , IIorjsE.-pTbe Credit Mobilier occu pied the day '' with no action. The speeches were bitter; ?k The galleries were packed. j. :- ' .i . Is is an understanding in the Senate t hat Louisiana matters will not come up before appropriations. ' The President's message was read - vp the House in reference to the Judiciary Committee -with .privilege. v ; v.,-; v k Tbe - cotton factory at Mountain Island, on the CaUwba river, tea miles from Charlotte, is again ia orperation. - Mr. Calria A,' Everett died at his residence In Richmond county, on the 19th inst . . 7,;-.. .; ;'. -. Mr. James Knight has been appoin-. ted Master of Transportation of tbe Wilmington and Weldon "Eailroad, i