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RALEIGILN. d TUESDAY MORNING, FEBRUARY 21873
NO. 279.
vvio-IKLY M:VS at S2 per annum.
- ; ; ; : . ' ' ' : ' - I
iiGRmr-3G EDIT10M
- he akicjh gaily m$.
Tn:siAY...
.FEDUUAHY -25, 1873
;v".;"AU parties ordering the News
v:i:i uu-use scud the money for the
tt sr.;- ;!.: sjij)er is wanted.
, ."Special Notice inserted iu the
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Twenty Ceut- per line.
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lorixbsoriptions.
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A vi-nisiu Agents, Ko.. 4 South street,
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LOCAL MATTE.U.
.. C. WOODSON, City Editor
-i?" For latest news by telegraph
b'.iunh Page. I
Correspou'dentsvi.ll please write
u,.c side, ot the paper.
i. CXI 4 1UUEFS. '
i !i pace oi shad iu this market con-
ti.-. - high. . t
Xn ease htfoie the Mayor's' Court on
yes'o-rday.
The Board of City 'Commissioners
nact on educ-idav.
! ' .
ay morning was one of the
-t we have had this vviuler.
K e and Harry Wat kins-are'" book-"
e-i " i'.'.r this place at "an early day.
Groceries id' ail kinds- can be .found
at i.ol Ac MoiuigV.: See" their'' notice
eisew ueic, an -.J ctii aha se their stock..
" Pi of'-J.. I).-Witter, the-c-.'Ioreu re
! : i ; w mtely figured 'in this city
lis i -.i:o was txpelicl . Ironi liie floor d
i r l
, is hov hiinnij; in
) t;-uu is ai ia poiter
'I ' 7
1 I t
:eht 1:j oi' j'ClMUlS SV ilO
: li..-ir .eaaUal. iu iai!i
d v 1 1 iseiiu-iit d .Mf .-1 s.
of OXioi,!, N C.
e' mil. tdV ?ed iy them aie situated
a never huiu-y siie.iiu.
; vw Cot i:T.Oiit ions were
rt
.Mi
1 . e i : !
,!: lid IV
Iv. W V'lVU
; ' : v i s
.1 t:o-:
v liie Justices in the
j'.i-i.;
i .
lei .t
l'
ro ;
i
i i.
i i-a vev;eruay
o .-. i.. c .sls":
. , , , ' T
!; re i t.ie st-iie. oi -i r.n
in .rela'.Ldt. ;oi Ueor-e W.
t; i'., v.i .M. A. l!eda' -ct 1.
r; j ; !j:n :iit alarmed,
v.- Jo- pa U. IJranch. i-'iror
oi alii: tli I .' . ' ''
i a
;. r ! ioa
; e; eT
Xo :; v :
i'.M)i)',c d North Carolina on
; o' .ic Yv"e.'.ey Wh-i taker et.al, VS C.
hU i.j tt al. Xu error judgment
;:.-d'.
;. L'.' ople v ' P. Mc(Jovvan. , Xo er--j
i.l)U':nt aiiinned.
V
.0 P
i)'e 0,1 re! 1 1:1 on of Kent j P.
Alex. Mclyer; Xo erro.
:diii .ne.l. ' , .
! i'Ki of J, Xishols
II. Mi Kee et a. No error
toe on r
et aj. vs W
judgment aiurme i.
By ll'iDM v.v, J. ..
Joha il. Powell, administrator, vs
' Wiiio.nton and Weld 00 Itailroad. No
err.ir stnent reversed. '
Wo ter. administrator vs John
V. o raid -and others. .Error jud
me it revert-c'.l. '
By BoVDK.v, J .
It D. Carrier vs J. Jones et al, (two
c-.l e-. .'Piaiutars appeal ievered, de
lead . ut's appeal artinned. -
J. hi o :dcCul!-'ciivs James W. Doak.
XoiCi ror -judgment alarmed. . ,
The People ex kel. John' Kiciiols
vs. W. II. McKee. Below we give the
decision of Judge Reacic, filed-in the
Supreme Court yesterday, afternoon, 'iA
relation to this case. This decision sus
tains the Governor's claim to liavo tht
right to nominate the Directors' of-Jhe
Deaf and Dumb aud Blind Asyluai; jTlje
argument in this case covers thfr'eope
of the decisions readtred.as to ''Ct'C Iu
same Asylum, the Penitentiary, Keeper
of the'Caititol&c.' It will be seen by.
a reference "to our list 'of Opinions' "that
.the Court sustains Governor Crddw'efl
in every particular, gavjejn that of the J
Superintendent ot Public Icstructiooi :
lite - 2t(o2'lc ex. . rd. Xicliok ct al
McKcc ct al., . .
The theory of our State govern m'ent
is, "that all poMtiCid power ij Tested in
and deived ;5rom the people." Con.
Art. 1, Sec. 2. The Constitution is
their. grant -of powers; and it is the
only irrant which they have made.
"And all powers not therein delegated
remain with the people." Art. 1, Sec.
o7. This last clause will not be found
iu the former Constitutions of the State.
The Constitution then proceeds to di
vide the government inlo three depart
ment, Legislative, Executive and Judi
cial, and makes a grant of powers to
each department, under its appropriate
headend directs that they shail be 'for
ever seperate and distinct from each
other." Neither is superior or inferior to
the other, but each has its appropriate
functions, and in the exercise of them,
is independent and supreme. To the
Legislative 'department is granted the
power of waking laws; to the Execu
tive department the power ot executing
laws ; and to the Judicial, the power 'of
cqiouruVthg tlie laws.
It is true. that their several functions
sometun.' shade into each - other as do
tiie Ceiuis "of the rainbow ; but st'd.l
they are distinct as where the
Governor appoints and the Senate co.n
litins ; or where the Governor'liils vacan
cies 111 the judicial d portmeht. L fol
lows that it is not true, -as contended
tor upon tiie' argument, that tlie Legis
huuie is f-ujaeiiie, except in so lar as
it is exp; es.- y restrained. ; However
that iiiay lie 1:1 other yoveinnieuts, or
howee; il may have heiviotore be- n in
this 'vStde, it is -plain,- t hat '-since- tlie
adoption ol oiir meseiit Consntution tiie
iegt.d-iiive.; j.iisi i'.ke tlie otntr depot
tiun.is. acts u.uh.r a" gt'.in-t td 'p.wers, a:ai
cannot vxeeed toem. A ids be.ng.so, 11 ;s
indispens.ibie to good govei ninent that
each depaTiment should eoidiue itself
str.etly to tiie exeie:.-e ad its l. itunate
functions. Aud then, ho.ve-ver t hey uray
suade into each other, there wiil slid be
harmony, ic ij only where the p'owcis
are brou-'ht in conflict that i lit y uec'";ne
entangling, and elauge-rous.
i'iicdiist question is. to whioh of the
dep it"; inehta has the constitution plan
ted tiie power oi appointment Lb oliiec
li the Ooiistitutiou tioes not in LXtcss
terms grant the power to any one of
the dep mmeiits, and we have to solve
the question by const rati Ion or iiiilici
ti,, tlie it we wouid have to to'iftider
Whether the. duty in any giveii ca-e, is
a Legislative, or an Executive, -or a Ju
dicial one'; . but it there is an express
giant, then, ot Couise,tha.-t must govern.
--.Under the first 'Constitution tor the
I .1 T : I a I .1
r;iaie, the ijigisiaiure was me general
appointing power. It elected the Gov
ernor, his Council and oilier Executive
otiicieis, the oliicers ot the Military, the
Judges of the Courts, Justices of die
l'eace, &e. The Governor had no
appointing power, except to till vacan
cies when the Legislature was not in
session. Under the present Coiistitu
tiou there is an entire change.- The
people-have resevered to themst- Ives the
election ot utmost an tne omces in
d;TTLK.
Ue vs W. II.
inent atiir.hied.
v!e vs liucker..
No erior
Yiiili'C dc uoco.
Sec. 13 Enumerates the principal
Executive officers, aud provides, that,
"if the office of any of said offices shall
be vacated by deati, &c, it shall be
the duty of the Governor do appoint,
The foregoing, are' all the exprcs3
grants under the said Executive articled
But under Article IV, which is the Ju
dicial article, section 31, it is provided,
that "All vacancies occurring in the
offices provided for by this article of the
Constitutiony shall be 'filled by the ap'
pointment "ot the Goverribr, unless other
wise provided for,":&c.' And, under
Article yll, section 11, the Governor
was authorized to appoint Justices of
the Peace.in each county, until elections
cordd be held.
. From the foreaoing it is plain, that
tho general appointing power is given
to the. Governor, with tha concurrence
of the Senate;, and that the'po.wer to
fill vacancies, not othemku provided
for, is given to the Governor alone; and
that, whether the Legishiture is in ses
sion or not, and without calling the
Senate. -.
4. In the third "pla?e we are to consid
er what appointing power is expressly
given to the Judiciary. It seems that
the only power expressly granted to the
Supreme Court, is to 1 ppoint its clerk ;
and to the Superior Court, to fill vacan
cies in their clerkships.
Reading the whole Constitution, and
without any l.ypercriticism, it is plain,
that such officers as are not elected by
the people at the polls, and insist of
them are so elected, are to be appoinU
ed by the Governor, the Senate concur
ring except the immediate offices of
each branch of the Legislature, and
the immediate officers oi the Supreme
Court ; and. that all vacancies are to be
filled by the Governor alone, except
such as are otherwise specifically, pro
vided for. Aud the Legislature has no
more right to appoint tlie Diuctors of
tne Asylums, than the Governor his to
appoint the clerks of the Legislature.
. 4. In tiie iii xt place we are to iaqaire
whether the Directors of the Insane Asy
lam, Deaf and Dumb Asylum, 'Peniten
tiary, &C. are "officers ; or, whether they
are only servants, employees,, on - con
tractors oi the Si de. Tne arguments
upon this part ot the case were exhaus
tive, -and tne citations ot authorities
abuudanr. The learned coir sel -who
in -is ed that ttley a e not oiiieers, di h ied
an 'office' to be, a lodgement ol .some pi !t-tn-m
ol tiie sovereignty oi tiu State;
and anolii. er to be, one who -exercises
s line poi iion ol tiie sovereign power,
s ake that to oe so; lor the sake d aru
nieid, or put it ill another lonn, and say,
that, an -liiee is a put of die goveim.u1,
and nan ot the State ooiitv, and tit it
inoUieeris one who takes part in the
i.ov.iniULnt . and then Try oti'r case by
that test. The Constitution establishes
i. e., ".secures ill.- peiiuaUent exis enee
ol,11 as a part of tiie State, polity, cer
tain charitable institutions dor the care
of the unfortunate, and penal institutions
for the punishment ol ciimuiais: can
these institutions exist without, a board
1 - . O ... I .... . . .V ! . . I . ... 1
01 uweciors 1 aiiu is uot sueu a ooaui
m office, a lodgement of a portion of the
govcri.tuent i Ami are not the direc
tors officers, taking part in the govern-
ent?-. The stutaiUttt of the case is
ei.ioUL'h.- w e (io not ; 1 oposc 10 looow
the argument taither; because, the Con-
slitution not only un'ki.r them office! s,
but in'cJipivss terms c' them olheers
w hich seems to have been overlooked
by the learned counse
'The officers of the lxeeut.ive
meut and ot the pidilic -institutions ol
the State, shah report to the Uoveinor,
elcc. And note, that this is under the
Executive Article 01 the Constitution.
The Governor with the advice of the
Senate, having the appointment ohdl
oiiictc;; ; and the directors of the Pub
lic Institutions being oijicers.Xt iollo.vs.
that their oDPoinimeius are with the
Si ate. There are stili some
the
tiie
office! s, which, tor convenience, are
otherwise .appointed or elected,' or
chosen, as the case may be, and we pro
e.ced now to enquire to which of the
departnients the power is given.
1. We will first consider, what exx
nrK o-iant ot nnoointiiiL' ooweY is
made to the Lf'o;isiature.
The flou-sa of liep
choose tluir oicn
III., see. "7.
Depart
II, Sec. 20.
11
S l-.N A TO 11 - M Ui! U A Y DfctN IKS Till-:
. TATi:UoNT Oi.' DlsTCUUANCES IX Al.A--M
xc T he -Lti of last Sa urday con
laieii ;t letter from - Alamance county,
. . .. l,.wl Tt-
r lil.lt .-eriC'US oana-i.p hum
,,,va!rred in that county by par
1. ,.,'.!:: 10 the ku klux ory.iiii.a-
the w hole com
ol del I'U'. Sell
se to
a
Si. s belonging
d StaMhg that
w,,s id a idate
mi .dm tav se.-u :d iy morning ro:
.isdiiai ptivi.ege, una
in r
1.: 1:
a
reset) tativca s!a
speaker and other officers. '
' '"Sec. 23. Tiie Senate shall choose its
other officers, and also a speak-r j'c
tempore in the absence ot the Lieutenant
Governor, or when he shall tx jicise the
. t t 1 ........ 1 , . " j-
Ollh e "1 C" 1 v ei ii m .
The foregoing are all the grants oi
powers of appointment t the L-oisia
Hire unilcr the second article, which :s
the iegi 'alive aiticie. And it wd.l be
observed, that even the-e are not grants
to the L g siature as a body, bur only to
Us wnt id
on
.. 1
i' "
i.
.1 -j
ol pe
r.sioi-t.NT : I l ist
1
IV) a Lie.
I h
; to a qne?
1 1,1.11 .- or
- , 1 i .01
i-.icn b'ttnch t" choose
iT,,oei :-h. third aiue.e. u icn l
eXe ul 1 ve ai tieie, see 10, ' 1 h .
.... 1 1 "n ni,1 101 te ittltt O v a .at
iidv.ee and consent ot in-- -e.i o ..
i . . ;.,.. .... ,', ntii
.- Ul is, .v .. ."i t
lie 'ijiuUd or iUc'ca oi) me
v s
. id.-
ti w
. .i i he
Governor and senate, unless otherwise
provided lor. it is not pietencled that
thev are otherwise provided lor by
e.vn'cx!? terms in the Constitution, but it
is insisted that they are provided lor. by
implication (1.) because ilie Legisla
ture has all powers, except wherein it is
restrained. But, we have seen, that is
not so; for the Legishiture, like the
other d -jai tments, acts under grant of
powers. (2.) Bccaii-ethey have been
piovided for by law, to wit, by ap
pointment oi the Legisiature, whieo, it
is ir.sis.ted, takes the appointment' yoin
the Governor winch he would otherwise
have hi.d with tlie Senate under Art. 3,
Sec. TO. On the other side it is lnsis
iLCt, in regard to this last position, that,
"not otherwise piovhted mr,'" mean.-,
not. otherwise prov'ioed in the Coilsttiu
tion. So that, one sMe niseis uoou
leading -the. 10 section, "not oihe-iwis.-pioViuu
tor bylaw."1 And the oilier
Mae iiioi'ds Uju' ii.ading l',. "not ioe--wi-e
provided lor in the. Constitution?'1
' It has aiieidy ee.i .id hi. i w t-e
.n'lh.s Co nr.. Cial'Ke - v M i ..' Oi X.
U a ei ifol e.i s (j ,'iVer i it . -
tors, -br half dozen Institutions each,
in the General Assembly, and ch'cum
stances would often occur which would
make the' expense aud 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 the Constitution
to .allow the Legislature to appoint
other modes for filling offices than the
mode "prescribed in the Constitution?
If the mode prescribed in the Constitu
tion was not the best, why was it pre
scribed ? It it was the best, why allow
it to be altered ? And especially why
leave, the mode at sea so as to engender
conflicts between the Departments ?
It was iusisted by Mr. Battle with
much confidence, that unless the 10th
section is so construed as to give the
Legislature power fo provide for filling
offices, then the government cannot be
administered, and must fall; because no
provision is made in the Constitution
for filling mcancies'mihz county officers;
and it would be impracticable fcr the
Governor to fill them. The county offi
CCS cLTj d officers will not be found under
any of the articles of the Constitution,
hvhich we have been considering, but
under the article, "Municipal Corpora
tions." And while the election ot all
the county officers are provided for by
the people at the polls ; yet, if vacancies
occur iu some of thtm, the mode of
filling them is not named. If there
were no mode ot filliDg them, still the
result miyht not be disastrous; 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
an , inconvenience which ought not to
exist ; and it is true also, that some of
the offices are filled by a single officer.
But suppose the fact be, that there is
no express power in the Constitution-lor
lilliiiii such vacaucies, does it follow
that the Legislature has the inherent
power to fill them ? Why the Legisla
ture rather than the Executive? It the
Legislature has no power to fill vacan
cies on any other ease, w hy assume it in
.this? And if the Govtr-aor has the
power to till vacancies in every oiher
case, why deny it ni this? It it be a
cut us omimtus,:. and necessity imp'ies a
ouwer some w here,. It ought to be im
plied to leside with the' general power
to. till, vacaucies the Governor. But,
there is another, ami, probably, a better
way 'of .meeting the difficulty. A coun
ty is a corporation ; and, alter its offi
cers have been elected by the people
according to law, and a vacancy hap
pens winch it is nccixxaiy to fill, it. is
liiiieient in the eirpoiatio:r to preserve
its own existence ; and the electors may
tilt a vacancy, jusl as the electors may
iili a vacancy m the L gislature. And
such legislation as. would be necessary
to conduct the cieciiou, would be legit
imate. But it is not iu the power oi tha
Legishiture its.cli.to fnl the vacancies ;
r to prescribe that they shall be fi.led
otht rw ise inan by the electors; unless
the corpoiate authorities have the inhe
rent right to fiit the vacancies; in
which case appropriate legislation. .-to
enable llietn to exeicise tlitir rights
'would be legitimate. And there is al
ready such legislation.
Our conclusion is, that the Legislature
has no power to elect or appoint any
officer in the State, except its own offi
cers. Nor has it. the power to provide
for the appointment, or election,, of any
officer, whose office now exist, or which
may heieafter be created; so as to take
tile-appointment, away lrom the Gov
ei nor and Senate, or other appointing
power, or the election away from the
people. Nor can the Constitutional
rights of the Governor or the people be
evaded by letting the offices to contractors.
The Deaf and Dumb Asylum was one
oi the public institutions ol the State !
at the time of the adoption of the Con
stitution in 186S, governed by a Board
ct. Directors. The 14tu Article, sec 5, ot
the Constitution continues then') in office
until other appointments should be
made by the Governor. The Governor
made osher appointments, wdio were, in
office 21st January, lbTl. At which
time tne General Assembly passed an
act abolishing the Board of Directors,
and providing lor a "Board of Trustees."
We assume that the General Assembly
had some sufficient reason lor changing
the name; oi the Board, but hdt the
B ard, the office, to be filled by officers,
And then the Act proceeded to fid the
office with the de.eudants ; and to pro
vide that the Governor should fid . a
cancies, "subject to the appioval ot the
General Ass uibly, who themselves shah
fid the .vacancies, n tn-,y ilisipprove ol
the apoo.niii''nt uia-ie by The Govcr-
nor.
l he q
P"
i oiiliue.il ol he -deleii l i.i
.lead S- hi i.i.i ,cn - e.p:
the Governor, as we assnme being post
poned for this decision as- to his
powers and duty, and as to the powers
of the Legislature oyer" the appoint
ments. Indeed the Senate was not in
session on 1st of January, 1873, having
taken a recess - for some weeks. . So,
the Relators term continued until
their successors are appointed.
The Senate being now in ses
sion, and the -powers of - the Executive
and Legislative Departments being
herein declared ; and-it being declared
that the Governor, by aud with the
advice of the Senate, has the
power of appointment; and it
being of great public moment
that the offices should be filled ac
cording to law; it i3 to be supposed
that the Relators successors will be im
mediately appointed ; and then, their
term will end. But all that we can
authoritatively decide is, that the de
partments, unlawfully hold and exer
cise the office of "the Board of Trustees
of the Asylum for the Deaf Dumb and
Blind;" and 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 rirorn
said office, and that the plaintiffs recov
er their costs. The statute, C. C. P., S.
375, authorizes the Court, in its dis
cietion, to fine each of the defendants
a sum not exceedeng $2,000, But, as
the defendants, went into the office
under an act of the General Assembly,
we. assume that they had no criminal
intent, &c., therefore, in the exeaCisa of
our discretion, and in respect to the
Generai Assembly, no fine is imposed.
There is no error affirmed, lieade
J. See The People te. Bledsoe ct al. at
this term, '.--"'
McIveu
Wiieue Umbrellas Come From.
At a soiree ot the umbrella trade in
Glasgow the other day the chairman
said there was no country of any extent
whatever which did not recceive the
major portion of its umbrellas from
Glasgowr. Durihg last year there were
used by the Glasgow manufacturers
alone 837.2G0 sticks and 1,238,530 steel
ribs. Exchange. . '
The trouble with us is not to ascer
tain where umbrellas come from, bnt to
know where our umbrellas go to. We
opine that this is the trouble also with
the general reader.
Shall -we Have the Fair Grounds
Built or Not I The following sub
scriptions were received yesterday : B
F Moore, $10; A W Fraps, $25; David
Hinton, $25; L W Barringer, $10; J J'
Litchford, $10; Citizens National Bank,
$100; W II Crow, $25; T D ' Martin,
$20; BF Cheatham. $20; R G rLewis,
$20; E B Thomas, $2. The amount re
ported so lar has been the workings
of the Committee in the Middle ward.
We now await to hear from the Eastern
and Western Wards.
Clubs. -We are under many obliga
tions to several friends in the shape of
new clubs of subscribers in various sec
tions. We have recently added largely
to the subscription lists of Daily and
Weekly News, and the cry is still they
come I
These evidences of the good-will and
kindness of our friends will encourage
us to strive to make our paper still more
acceptable to the reading public.
bTiCKs. me Supreme
Court, yesterday delivered the following
opinion, settling the Battle -Iver case :
Consider the case as if Ashley had
not resigned. His term would have, ex
piled January 1, 1873. if his successor rfltp
i. i i. i . . i i -. i: i: .. i i. . . I erate.
uau ueeu eucieu ana quunueu. ii.s u is
successor was not elected and quali
fied, he-would have held over. Consti
Get Your Corns Cured. Dr. J.
Lindoman, the Surgeon Chiropodist, has
arrived and taken rooms at the Yarbo
rough House, where he will remain a
few days. If you have corns, bunions,
or bad nails, he will cure them without
pain. Don't fail to give him a tcall. -
Ladies attended at their residences with
out extra charge. Hi9 charges are mod-
For the Daily News.
Mr. Editor .In your issue of the 23d
tuiion. Article 3, section 1. Up to Jan. inst., you misrepresented megrossly,but
1,1873, he would have held as-falling I do not think intentionally, lousay
ins own term, and after that time as I "entered a protest against the pas3aie
holding oyer tor the election and equah- ot the resolution, requiring the laws to
ileal ton ot his successor. oe punnseci in 4U nays." running couiu
As Ashley did resign, and the de- be farther from my purpose, as express
feudant, Mclver, was out in his place ; ed ii the "protest," or in the "resolu-
he was put in his place to all intents tion' to whicn you reler. lue word
aid purposes, and up to Januaty 1, laws is not in the resolution, and in my
1873, fi.led the vacancy caused by protest, I stated that the laws are to be
Ashley's .-resignation, and after that distributed "in 40 days after the close
time, as- hoi ling over for the election ol the session," &d
mil oualihcatiou ot his successor, llow My protest was in opposition to giv-
ioiig he may be entit ed to hold over, ing you further time after theexpiration
or when and how his successor is to be of ' the 40 days," within which to get
"elected an J qualified," may be beyond out the "Documents and Journals," not
the purposes oi" this . decision; but it
would seem thai it will be only until
tlie laws not the laics.
there is no discretionary powers left
with the Judge or Justice of the Peace
(as the case may be) before whom .the
case 13 tried ; but as soon as the defen
dant is convicted the penalty is fixed.
it is so by law,' and the, Judge r
Justice of the Peace has. goo power to
chansre " it.". The ' Ijesidaiure itself
could not change it so faf'as that case
is concerned'. The; Legislature .could
repeal the law or amend jtbe.law by A
change of the penalty, but ; that change
would not apply to nor remedy that
case already tried - and convicted ; the
only remedy in that case would betbo
pardoning power oi Jthe GQverqQtte
Governor has that power under Article
3, and Section 6, of the Constitutive.
Governor shall have power to grant
reprieves, commutations and pardora
after conviction for, , all offences
(except in cases of, impeachment) upon
such conditions as he may think proper,
subject to such tegulations as may be
provided by law relative to the manner
of applying for pardon, : &Q. . The im
peachment court set upoa the trial ot
W. W. Holdeu under the organic law of
the State and that law provides ' that
the Senate presided over by the Chief
ustice ot the State shall constitute the
court for the trial of impeachment, and
ays down and fixes the penalty to be
imposed after conviction. 'The penalty
is the disqualification to hold office ;
and hence as soon as the Court found
W. W. Holden guilty ot high crimes
and misdemeanors in office, there stood
the penalty in the organic law already
imposed on any State officer so convic
ted. The question now arises where 13 the
pardoning power? We hare already
seen that the only pardoning ' power
after conviction is vested'in the - Gover
nor, apd the organic law or Constitution
prohibits him lrom the use ot that
power in case of impeachment. That
pardoning power cannot be' in the
Legislature, tor the Legislature is sub-
eCt to the Constitution, aud the Con
stitution nowhere gives, the, par
doning power after conviction, to the
cgislature ; and hence, the Legislature
has no Constitutional power to remove
after conviction lrom any State officer
the disqualification to hold office im
posed by the Constitution upon convic
tion of misdemeanor in office. The
question still is where does the pardon
ing power rest in the case of impeach
ment ? The answer is .found in Article
1, Section 37, ot the "Constitution. The
tnswer is in these Words: Thu
enumeration ot rights shall not be
construed to impair or deny others,
retained by the people; and all powers,
aot herein delegated, remain with tho
people. The pardoning power in the
case of impeachment is -one of the
powers 'that tfae people have reserved to
themselves. Thev, in tfveiUon as-
You say it was'nW "Oiffmon 1Tle"1a'ui
the people can elect his successor at the could be lessened." 1 had no purpose
next, '-".crural election," to-wit : Aug., to lessen the 40 days. I was not op-
1874. Article 3. sections 1 aud 3. It has posed to publishing the laws in 40 days.
been su-ryesied, that as term for which For three years, I have labored to ac-
Mr. Reid win elected was four years, comphsh tins purpose nave introduced
lrom and after January 1, 1873; aud as aud passed thiee bills, looking to thi
the defendant. Mr. Mclver. is in to filM end, and have at last succeeded.
the vacancy caused by Mr. Beid's fail- I protest giving you more than, fifty
" ....... 1 , -
ure to quahly; he is in Mr. RenTs place extra and additional days, in wmcn to
to allintents" aud purposes, and is en- yet out about 970 volumes, when you
titled to hold for the whole lour years.
But the Constitution is express that Mr.
Mclver shall hold only until "the next
eleetiou,' "and the person then chosen
shall hold the office tyrthe remainder:!
get out 2,700 in 40 days
Yours respectfully,
W. L: Love
The Public Printer only asked for
the same trme hitherto granted for
,1 Mil'
cer s.ail
;,:i, ii- r ion
cu . a--- "
i: i
1 )
l
i I'
ll
CnZe.i sook-.U
OU.'lV'l o.
r, ilolll til - I j
.o v e io.y
i
t OMl no: ue o
ii'.-n.-. xii'v'- 1
lino ud Astwiitol y'. - .;
' i. et !: ' i' -
r .-.no 03 N C li.
o"r v i e i .or,''
. .oo ; " o... ."i.e
; i e ,v e o . e c. .
q; . ,. a i. i
I ..a. .. o
ill i . : : I i IC V .
e. ei e dtctd-
: ., - . r .
n
i in
rto
i r- e
a a
O ol
'. 1 .
1
tin.
.V 'i
t :i ;
i. Si
A ' ! I
. 1 W 1.1.
OoU'.l.C'i
eo:i,;i.A ,a id i
.1 b i . ,ees oi ii
. . li ; L i .ii I'e is I U
W .! oe - i :1-1 v. llico' .
I t"-.e-i l: o il oil 1 l'o
,-e l.o.i the stale u
is not as repre-
k th a ii l litre is
re -. i o i.'C . e
! s.oii i.-t-. O 1 e
ue e
: : 1 !
; . i e
' e.
Cil
.ii e
i i'i-
. i e i i:
i O e
l-i e .
of the unexpired term fixed in the first Uct ing outthedocaments and journals.
section of the Article," do-wit: four being willing to the 40 days required in
years from Jan. 1, lSo, Article 6, sec- which the laws shall be printed, deem
tion 13. ing it impossible, with the force that
It has been suggested that the Cove- can be obtained in Raleigh, to have al
nor, instead ot appointing Mr. Battle, the work done in ' the time specified
or allovvihg Mr. Mclver to hold over, We asked for ninety days, and the Sen
ougnt to have nominated some one to afe gave it to us, by a vote of 33 to 3
to the Senate to fall the vacancy on Jan. On Saturday Senatar Love filed his pro
1, 1873. The answer is, that the Gove- test, saying he knew the work could be
nor never nominates to the Senate to fall done in less time. He does not mention
vacancies. He does that alone in-all the fact that the journals and docu
cases. But where officers have to be rnents embrace rtree different forms,
appoiutedto fid a regular term, then he while the laws embrace only one the
nominates to the Senate, unless it be an former requiring three times the amount
officer who is elected by the people; nf composition required tor the latter.
and then he uever nominates to the Let him acquaint himself mote thor
Senate but fills the vacancy or term by ouyhly with the practical workings ot
his own appointment, unless there is I the printing business before he expresses
an omcer holding over J until the people I such a positive knowledge thereot
can elect as in this case. Uesides
r embled made the orgaoie law"; they in
convention assembled, can it they
choose to do so, alter or change the
Constitution, and remove the penalty
imposed in the case of impeachment.
M2W ADflSitTISlSMlSNTS.
ine subscribes " having determined to
change locations will sell, on very mode
rate terms, their SAW and QKiST AIiLLS.
They are situated on a never lading
stream, with timber iu, abundance in the
neighborhoecl. AudresS
It. J. MITCHELL & SON.
feb25-w3t, Oxtord, N. C.
RUCTION SALE OF A
LirEllY STABLE.
We have determined to close our STOCK
AND VEHiChLES by or on the
8th Day of March Next,
if not sold privataly before that day.
The raffle heretofore annoudced will be
withdrawn, and those who hold paid tick
ets will get their money by pres nting
ihein to the undersigned.
S. M. DUNN & CO..
J. M. Towl.es, Kaieigu, N. C.
Auctioneer. . ieozo-tt
iestion is, h id I he
Leu is! tiuu
t Ue .1 j--.
1 i- il .
oy
ail. o.
.HO
i. i
.1 IIU
L .
ii
oi
A
the provisions in the Constitution al
ready quoted, we refer to the uumerous
authorities cited by defendant's couusel
w hich were to the point and conclusive.
See also People vs B!edsoei al. and
People vs McKee ct id, at this tern.
There is no error. Judgment affirmed.
Reade, J.
LiCGiSL.viUfrUi The Senate was yes
Leid i moron. g. occupied principally m
i hi- coiisid -i at ion oi p.iyate bills, doiifj
ui -re wmk ili oi the have done dining
IU- se' UnlT IlltS SeS-1 Ul ille ( Oil
itio . of ne bid est abl ish nio a iu
I ( t I c. hi a-1 ies Wl H. eei i
e 1 '.'..- o i II i in o i
. . . , ,i - . ('; .. i 11 '
i . i :. r ii- . u ' i -
,i . , . : "o I
any
For the Daily News.
The Amnesty Bill and the Pardon
of Holden. . : -
Messrs Editors.: A communica
tion touching the right of the Legisla
ture to remove lroni Ex Governor W.
W. Holden the disqualification imposed
by the Constitution, the ugitarion d
the subject and the introduction ot th
resolution into the Legislature tor the
ii-moval of the disqualifications to hold
office trom W. W. Hidden, was gone
'1,1 mr political ends,, as I. believe, foi
die purpose ot making poiiucal capi
i i1. There 'can be nn ntucr soluHon .
ie in a tier the hue and cry is i b
t,. il i I) li I In- L-.-iii-l o uiv bus pa-
. irio v - bi-1 l- i! viio' ;il oi ill.
J . L in- Ku K:ux Ki oi- no
n't her' si i r t ,ou:-o r o. z.
r i i
ii
oi aid ii -linn-: ol !iiV
y' Uini. i-oi' ''" I
tVulll Oi II -i o.
U.a.:d Ju: y
, i i-
d ,v. and 1 Ih.iov
i e
e.-all
ii
1 1
1 1 i i '. I In a
id. nn
eVl ;c-!ici
coui.i y
th a l:
i,e b. a .eh, lo co on: i
i-i i. i.i- oi i tie G 'v
i c. less pnoiioii ioa o I U.
! .....i.ds a- a b niy. oi .e-aid
: , tr. So. ii 'S il o!., I ii a i I i ci e
j uim-uo exp e- g:'ant: f p'.wtr
1bf .siaine depai-.-meiM to
1 . . . . . ..... . ...i ,.)!.., i.:-j 'i , .'.
oitlee ; out i neic " ' i ........
tiotl
j In the sceon
o i
pi .
co we Will coiisid-
as
Ll Is so lal ueoa.
111 it
... AiaiiiaaCC"' Ih-il
, his im n country men
Oe olVCII.
. . I
. t I 1 .... Ill I III 1 1 il .,. .
that he count u.
i, i j r i.. i st. -.lioilid oe
UiJ H'lllU. UV ........ -
i.,,. , i ii ii 1 o t ne ' :i
tiie woihl as a Vlie ami w..w
dtlceroi ins own people. I pionoanee
tne u hole thing a inabcious, s.andei
ous and false labiiwtion."
er, .what
n iwer is
t-xj
il'CS
; l'.tllt Oi iip;.Oi
' ' ' 1
Dc
Sale. See
of the
V T,1VI.T!Y Sl'AIilii F)Jt
il... lu.ii, .1-. a i.i re of the sale
Chin, beery s'ablc stock of Messrs. S,
M. Dunn et Co.. wine
si. i. '..! ..-..... i, - l-iiKnr.it'
the same has bccil abandoned, and the
tale will pobiurdy take place.
i, -occurs on the
d rattH tor
made to tne executive
pai tiiiCnt.
Article III. Sec. 10. '-The Governor
,hidln ,11111. ate, and by and u;ui the
dvice and consent ot a iiMj uuy oi tlie
Senators elect, appoini all officers wm.it
offices rre cstablisntd iy this Coiisiuu
tion or, which snail b-- created by law,
and'wivo-e appoiulinents are not other
wise provided for, and no such officer
shall be uj-poinled . or fleeted by the
General Assembly." . ,
That section, read without any ver
bal criiicism, would seem to make the
Governor the general appointing power,
and to exclude the Legislature altogether.
i.; e. a i a- " . ,- ' "
t ... i -e . e. i i e . u
Il Oiled I u I ue 'Jons. I . a ' fi 1 ..
toe s.iiue po'A el' 111 leird ii-'il.:;.'-!u e
creaed Uieicit'ier or uhch .
crea.ed beh ie ? And why. shomd'rhe
Uoiisi iiiuion exp e-sly .irnhio ' .
Gc-aral As-emoly " lrom elecilug an
otficer named iu ui.; U i . . i
cro.it oe. - Uelk'i'.ii.- Ai-stUddy -io Cicl'l
i.idei is. incleiUvi to Oe cie iici J
i ne Co.s. u uiio.a re-erves to loe w-u
jOe 'lie euCtiou oi aluio.-t .all the --in
ei.is ui the Siaie r or sticu as.iney 01 .
not cnoose to ei-cCt, or, it-Was -lint convent-cut
lor iiieih lo e-iecf, the most co.i
veideut oilier mo-de ws prescribed ; to-
wit ; nomination by the Governor,
Elections were laictn 'away Uom tne.
General Assembly, because it is a large
body with two branches aud is Very
expensive... That vas one of tlie evils;
there ni;iy have - been others. Wpuhl
not the evil exist in electing officers
thereafter to be created, as well as offi
cers named iu the Constitution ? Doubt
less. And must we not construe, the
provision with releience to the evil ?
Put the election of half dozen Dirtc-
.V , t 1 -
tiie ii.iho;.
i l vV i s i ue
oi'd ii ol l he
! iei lie can
.'.0:l- lo
Hi i. . . i
li ... , ..
io v : 1 . I -
i lie' iuH
s a e a -
Li'glS.atlVe'
-1 . i i
.. v -, -i : , , .'. i
p i ' ; !'
void. ' - v ;
.to.; . .- " e j
uli'-ei s C lU ,, :.! ' JU
. V . i i i 1 i . i " . ' e -v ' . i 1 -: 1 I -. I
U;h i o n;i Ve' -ea
i,e Se oe, o-. c ill
.1 hllg tile . id. . ,
.(HilCV. W iih ll i
lit l ue O ate. I Ue G iVel ii
iitmiuMie to lae Senate, out,
same, out o( lu-jiiiet lor..jhe
uciiou, and Ui.Jir a inistake as to iiis
duties, he allow t.c the'iitfice ro ii.ni.oii
ViiCiiiit until 1st ol .Mai cli, lb'72, Ii-r
Chiik vs. Stanly was decided, when lie
filled. - Tiie v.i2.iiicies caustd bynrs'
ladure to nominate, by l he app -lot i;'n h t-
o; the Relators, whose term ol office is
iiuiittd by the act akiasiid-, "to 1st
January, 1873, and until their sr.cctsr
.-org are choseu. .
Regulai ly.it W'as the duty of the
Governor, on the 1st day of January
1873, to nominate to the Senate tiie
successors of the Relators. And then,
the Relators would have gone out of
office. But their successors were not
nominated at that time- the action of
I . . V
oa i .
.n If
tit tin- eo
. . ..i- as
a 1 1 n i
.. -O ii'- oi til -
OlMli .. I
. a . i -
.vhile uiteicliang-
C- i .s. i il i --. t
cii .Zeus -ji-'ke ' o
eo.iiiiiu.llc ili ai 111 the i?m. igited
is w l 1 1 ;i - ot uei's loin ih.t trillion
uutv, and he lihl not hear one
word of ihe lepor ed listui banee, and
oe- di.! not believe'., that .there was. ti
wmd ot - truth, -in the sratemtnt. II
ihoiivrlit that any Citizen oi A bbiviiiCe
who would slander the peojfie to eervi
a p:irt:cuiar pus p. ise, ouht to have hi
name given to the public, and not bi
permitted, assassin like, to shirk th'
responsibility under the garb of an
anonymous slanderer. He pronounced
the whole statement to be false.
. . e 111
- . i i -
o. oi
Who n
. a " i. oi.- '
m' s. ;
,e . I.'
ol
il I
' '111
o .1. - . -
poi .'i teal
-d o : . ill
t ql
Ol-
tV
. t
'A
cai
il
lll in u
lli e- i
a x &:.. ':
i.,
s i . I s. . t . i - - - '
a.- L . in i j -j a
imiiC". ue i. - .
,h .t siia. es ill Oli ne
. to .di ot " i hese
ofaiiiZ U ions, as
en t. - ii Mill
secret pou -
well as an
? HAT A FEW OTHERS WHO
VV ARE USING THEM SAY OF
THE ADJUSTABLE .
SPUING BED BOTTOM,
Institution for the Deaf and Dumb
AND THE L5L.IND,
Raleigh, N C, Jan. 25th, 1873.
After a trial bl the "Adjustable Spring
Bed," it affoids me pleasuie to ieco.. menu
.1 to the c muiuuity, hs a great addition to
oueV com.oi t iu sleeping, a trial will &at-
isiy auy one of ies ments auu cannot tail
t 6ive satislaei iou.
Very respectfully. '-.,4
. F. 1OMI.INS0V,
Principal.
Insane asylum N. C?
liuleigh, N. C, January 7tD, 1873.
1 iiavu used ba t.eit & P -meroy's "Ad-
jUneiu.o pr.n. ueu," auu witu a mattress
.- oiut-rwis , una it eiceeumgiy coiulot ia
a.iu eou Vciiicut. i tuiuii. it Well wOnh
e jj. Ice.
EUGiiSt. Gais oM, M. D.
r..-. o . - -
.1 .; ... a
. . C -1.
Ai-.K-'ii , Jaiie 1st., 1 .72.
i K.Miv.uY
: i.s u i -u- .vuiula.ole
.. . u j m . l -mi nij 4 4 sii
- -T.'ii,!. . l' iug uini e Vi..-1 ic.
j-i.nj:.: i-iiiiiii tut; i' acli 1
. . .ie.l .u.v .iy iv..ubi s Uielii
I. A; UE..TSON,
i ii.ii.u iiou e.
a , riu is i&72.
. -J '"
; . ..- t..- ,
" .eui . .c
CCll.
feu c.,;
, " "a - f il W ii. libe
u -c v u.se w uo
p iu o u ,iiK.y liatc
Oll-M UK St .SoS,
. ijaww i louse.
We surrender our local space to-day
to the opinions of the Supieme Court
in some most important cases, oetmint:
no apology necessary lor so doing.
.her iiv m er ol any id 1 1 in
i d hence there can bo no grounds o
. ompiaiut on that -sCoie. Antl so lar a
ine complauit against the Legislature
tor noi removing the disquahtieaiions to
nold ..office lrom him, it is groundiesV
.ii:d Ui.riasonbie also, for the disqualifi
.i;on;is .imposed - by the Const-tut 10T1.
The second defence of tho Legislature
is that the Legislature has no comtita
tioned power to do any Buch things Now
t. lliusirate this cae, We wilt say itiat
it is well known to evei-y lawyer and
legislator, as well as every Justice ot
the Peace ot the State, that in every
case where the fine and penalty
that is imposed on any cer
tain crime is fixed by the law, that
iainlie .8 ui OLi.e. eiiihea.es on hand.
nU loi' a ijU i. -.c j . .i i ui.i(uy i:. jej
.ie ui.n lnut j ..fU iui i ii.j'jf l.i ai, k.H
oUiVti Uwiue Ul .iiU.nciu O au Uu go. U to
siiuu.iuurjBiVtia. '
JO.MJi El.LI.-s, Aianuiucurer.s,
lliiiauoio St., ..i flghj N.C
ieol-tf ;
Q F T il A T S
O -
GentsVSpriug Style Soft Hats,
Light, New and Airy. ,
W. II. & K. S. TUCKER & CKX
n-OR JOB WORK OF EVERY
aJ ei-uiracte , go to the NEWS' Office
Fayettevllle street,
-. Jvr W. C. stronaohACo '
100
LAiiRELS WHISKEY.
Corn, N.C, $1.25.
Kye, Proof, $1.25.
Common Bye, $1.0).
Common Corn, $1.05. ' -
For s&Lg by
fe 2l-tt G. T. STRONACII & BKOf