DAILY NEWS.
S r NK fc UZZELL, - - Proprietors.
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over W. C. Stronach Co.'s store.
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VOL. II.
UALEIGHN. C. FRIDAY MORNING. JUNE 20. 1873.
' The WKETCLY NEWS at $2 per annurr. 3
NO. 10o.
pareil constitute one squarej
News
1JA1LY
3fa gtalrigb gaily Qtvc.
Fill 1AY - ....JUNE 20. 1873.
LOCAL MATTER.
K. C; WOODSON, City Editor
MORNING EDITION.
tTAll parties ordering the News
will please send the money for the
time the paper is wanted.
"Contractors will not be allowed,
under their contracts, to advertise
any other than their legitimate busi
ness, unless by paying specially for
such advertisements. -
S"J. O. H. Ntjttall, of the Charlotte
Advertising Agency, is agent for this paper
in Charlotte, N.C. He is duly authorized
to contract for advertisements and receipt
for subscriptions.
Messrs. Griffin and Hoffman,- Newspaper
Advertising Agents, No. 4 South Street.
Baltimore, Md., are duly authorized tp con
tract for advertisements atom lowest rates.
Advertisers in that City are requested to
leave their favors witn tnis nouse.
43" The Agricultural. journal and
the News. The state agricultural.
Journal, an eight-page Weekly published
in this city, will be clubbed with the Daily
N'uwsat &S.50 per annum, and with the
Weekly News at $3 50 per annum. O.de-.-s
directed to either paper will receive prompt
attention.
Crg-p As the enforcement of the Cash
vstem will cause its to strike from our
list the names of many of our subscribers
ind after tlie first 'of this month, ire trust
that no offense will le taken by those who
may thus find, their paper ' discontinued,
as we mean, no disrespect to' any one m
doing so, but only to carry out our deter
mination and the recommendation of the
late Press Convention. We ti-'st, how
fverj that those thus deprived of the News
will at once renew their subscriptions.
STOXE d- UZZELL'
June 1, 1873.
TOST OFFICE DIRECTORY.
RALKIGH POST OFFICE ARRANOEM KNT.
Odlce hours from 74 a. m. to 7 p. m., du
ring the-week (excspi while tliemuils are
being distributed.) -
ri ME OF ARRIVAL AND CLOSING THE MAILS
Western New Orleans, . La., Augusta,
ria., Colombia, S. C, Charlotte, Salisbury,
Ureeijsboro, Salem, Chapel Hill, Hillshoro,
at.; ,Jue at 1: a. m. Close at 5 p. m.
Eastern Charleston. S. C, Wilmington,
Newbern, I5eaufort, G ddsbjro, &c, due .xUK
p. m. Close 9 p. m.
Northern New York, Haiti more, Phila
delphiaWashington. RichmoQd. Peters
burg, Norfolk, Weldon, &c, Jue at at 3.:)0
p.m. Close i:l a. m.
Chatham ltailrod Fayetteville, Jones
boro. Apex, Osgood, Ac, due 10 a. in. Close
3 p. .n. ,
Miscellaneous Eagle Rock, Monday and
Thursday, due 11$ a. m., close 1 p. m. Itox
horo, every Wednesday, dne llla. in., close
1 p. in.- Leaehburg, every Veduesdaj', due
llj a. m., close l p. m. Averasboro. close
8 p. m. Thursdays, due 6 p. in. Fridays.
Olhce hou:s for Itegistered Letter and
Money Order J apartments, from HJa. in.
to 5:.'0 p. in, ,
As no mails are received or sent on Sim-
Sunday, the ollice will not be opelied on
that day.
W. W. II OLD EN, P. M.
Local Briefs.-
riums are now flooding the market.
A street sprinkler would do good ser
vice about this time.
We understand that Mr. O'Neill, the
Contractor jor erecting the new store ol
Messrs. Williamson, Upchurch &
Thomas, has expressed his determina
tion to adopt the ten hour system.
We surrender a lame part of our local
space in thi3 issue to the opinion of the
Supreme Court, reafiirming the Consti
tutionality of tbe Homestead law of this
State, which will be found in another
column.
The Typographical Excursion to Kit
trells on the. 4th prox., promises to b( a
-gay .affair."" Every effort is being made
by the Managers to make it a success.
TioL'oTii -f V r o 1 it r ir uml (rontlflniiin SC."
single ticket $3.
There will be a called meeting of
Wm. G. Hill Lodge No. 218 this (Fri
day) evening at 8:30 o'clock, lor work
in the Master's Degree, Brethren will
take due notice. Transient brethren tie
respectfully invited.
Called Meeting of the City Com
missioners. The Board ofCity Com
missioners held a meeting yesterday to
take into consideration the subject ol
taxation.
Messrs. Bittle, Gorman, Johnson,
Prairie and Upchurch, Commissioners,
were present, and Mayor Whitaker pre
sided.
On motion ot Mr. Johnson, it was
ordered that the general tax be the same
on all subjects as that of last year, and
that the special tax be faxed atone
iourth of the general tax.
Mr. Battle moved that the clerk be
ordered, to prepare a list ot the names
or the owners of dogs in the city, and
present the same at the next meeting or
the Board.
air. untie oliereu the following reso
lution, which was adopted :
Jiesulced, It appearing that the name
ot the Chatham Railroad Company has
been changed to that of the ''Augusta
Air Line Railroad. Company," the Mayor
"is authorized to obtain a new certificate,
in the new name, for the stock owned
by the city in that company.
On motion of Mr. Gorman, the meet
ing adjourned to meet again on the 25th
instant.
PlC-NlC AT HALIFAX. It WaS OUr
Drivileiro to be in atter.denee upon a
pic-nic given in the Grove at Halifax on
Wednesday. It was a most delightful
filtair and was well attended. I i:e young
people udjourned to a hop at the irouth .
tm Hotel at night.
VVe me under special obligations to
Messrs. William 1 Purnell aui J. fl.
Fenner, of the Managing Corps, lor es
pecial eourtes-ies shown us.
Next Tuesday. Our Masonic fi i ends
will linni. ;n :,i i, T.mo.l.m nn y i
'"-Hi 1 u 1U1UU IU4V tU 1 UTOWt I " Wl
Tuscarora Lodge and other Lodges
celebrate the anniversary ot Si. John
the Baptist at the Orphan Asylum at
Oxlord, and all are invited to bt pres
ent. See notice ol the exeicises in. our
advertising column.
The North Cakolina Homestead
Again Declared Constitutional
In t he case of Garrett vs. Cheshire, from
Chowan county, the following opinion
was filed by Mr. Justice Reade of our
Supreme Court on Wednesday last. It;
will be seen that the opinion' sustains
the constitutionality the North Caro
lina -.Homestead Law. Chief Justice
Pearson and Justice Boyden of our Su
preme Court were not present when the
decision was rendered :
The compiaiut alleges, that on the 3d
of June, 1371, the plaintiff "was the
owner and in possession of one by horse
and oiyj black mule, of the value of
$300. That on that day the defendant
unlawfully took the same from his pos
session and converted them to his own
use." There is nothing
else alleged in
the complaint.
The answer, after objecting to the
want of a summons, "denies all the alle
gations in the complaint." There is
nothing else in the auswer.
The case states that the property in
controversy had been allotted to the
plaintiff, as his personal property ex
emption as against certain executions
which were issued against him from
Chowan Superior Court, on debts con
tracted since the ratification of the
Constitution ; and thereupon the execu
tions were returned to Court, endorsed,
'nothing to be found," This is of no im
portance in the case, and we suppose it
was stated only to explain why the al
lotment had been made.
It is further stated as follows : "On
the 20th of May, 1871, the same proper
ty was sold onder an executionrom the
U. S. Circuit Court at Raleigh, for a
debt contracted and due in 1867. at
which sale, the defendant purchased,and j
was placed in possession by the Mar
shal." It is further stated that, "upon tbe
trial, the defendant asked the Court to'
charge that the property in controversy
washable to the execution from the L.
S. Circuit Court, and the seizure and sale
by the Marshal under which he claimed
were valid."
The Court refused so to charge. The
Jury found the issues for the plaintiff,
and the defendant appealed.
Having only appellate jurisdiction, it
is plain that we are connneu to the
record ; and that we can know no fact
winch is not statei, and can 'decide no
point w hich is not raised, and must sus
tain his Honor unless error is snown.
The only error alleged is the refusal of
his Honor to charge, that the property
in controversy was liable to the execu
tion trom the United States Curt, and
that the sale by the Marshal Xvas valid.
His Honor must be sustained unless'we
can see that the execution and sale were
regular and valid. Now, if there can be
such a thing as an invalid execution,
we are to-take it .that this was invalid.
It is true that it is stated that it issued
upon a debt due in 1807, and it we as
sume, what is not stated, that it was a
debt due from the plaintiff, still it is not
stated that there ever was any judgment
upon -the debt, in any Court,, at any
time. And it. there was a judgment, it
is not stated whether it was alive or
dormant ; or whether it was against the
plaintiff or some other person ; or
whether it was issued to the Marsiial ;
or. what was its form or substance ; or
whether the levy and sale were regular.
Surely we cannot say, upon such a skil
fully observed state of facts, that the
defendant was entitled to the charges
asked for.
And his Homr could not assume that
there was a regular judgment and exe
cution, without assuming what ought to
be improbable, that an interior U. S.
court, sitting in North Carolina, would
subject the property of its citizens to
sale, when the highest couir in tne
State had repeatedly decided it was nut
subject to sale.
It was stated at the bar by the coun-
sei on ootn si ties mar, a receni uecision
of the Supreme Court, Guun vs. B rry,
whieh went up Irom Georgia,
was supposed to be in conflict
with . HilL vs. Kessler, G3 N. C.
II., and several subsequent cases in this
Court, in regard to our Homestead Uws:
and that it i3 of great importance to
the public, as well as to those parties,
that this Court should reconsider Hill
and Kessler. If it were true that the
United States Supreme Court had deci
ded the principles laid down in Hill vs.
Kessler contrarvwise thereto, we should
make haste to conform our decisions to
the decision of the Uuitod States Su
preme Court, because in all cases within
its jurisdiction, that is the highcBt
Court, and the proper administration ol
justice, and-the true principles ot our
Govern met t', and the good order ot
society and the comity of courts,
"require subordination. We have not
been furnislied with tin authentica
ted copy of the opinion in the case of
Gunn and Barry ,and have seen onVy-the
-newspaper report winch we, presume to
be correct, liiave considered it cirreiully;
and I do not think it is in conflict with
Hill and Kessler. or with any other de
cision of this Court. Ou the contrary,
it is in exact contormity with our de
cisions. If there is 'any thing seem
ingly in conflict it is only a dictum,
which biuds neither that Court nor us.
The facts in Gunn and Barry were, that
at the time when the Georgia h-mie.
stead laws were passed Gunn not
only had a debt against his debtor, but
h;.d sued him, -and obtained a judgment
auaiupt him, which judgment -was a
lien upou the debtor's land; and then -4
'y Gunn had a vested right m the land,
which the homestead laws could not
divest. And therefore, the U.S. Sti
.prtme Court, in its opinion, well says:
"The effect of the Act in question
(he Georgia, homestead Act) un
der -thw circumstances of this judg
ment, does indcedy not merely
impair," it annihilates the remedy. There
is none lest. But the Act goes still
further. It withdraws the land from the
lien ol the judgment, and thus destroys
a vested right ot property, which the
cr ditor had acquired in the pursuit of
the remedy to which he was entitled" by
the law as it stood when the judgment
was recovered. It i9, in efket, taking
one person's property and giving it to
another without compensation." This
principle was expressly conceded by us
in Hill vs. Kessler; and was expressly
dte'ded by us in Wheat'hen vs. Terry,
64 N. O.K.,-p. 25, and was the only
point in that case. And subsequently
we decided that where there was the
lien of a trust deed the homestead law
did not operate. ,
It is true that it is not . nn'.y decided
in Gunn v. Barry that vested rights were
effected in that case, but it is also s ud,
that the Georgia homestead laws impair
the obligation of contracts, and there
fore void. It is also conceded in Hill
v. Kessler, and in all the cases in our
Court, that if our homestead laws impair
the obligations of contracts, they are
Void, but oar cases are all put upon the
ground that our homestead laws do not
ijipair the obligations of contracts.
And it may very well be that the Geor
gia homestead laws lo impair con
tracts, while North Carolina homestead
laws do not.- Thev are not at all
alike. In order to show that the Geor
gia homestead laws do impair the obli
gation of contracts, the learned Judge
in his opinion, copies the Georgia ex
emption laws prior to the present home
stead laws, toshow that they were very
small land not exceeding 200 in
value, and personal property of small
amount, and then he copies the home
stead exemptions to show that they
are very large $2,000 land in fee sim
ple, with. all subsequent improvements
in addition, and 1,000 personal prop
erty. And then the learned Judge
says, "No one can cast his eyes over the
the former and later exemptions with
out being struck bf the greatly increas
ed magnitude ot the latter." And
thence the inference is, that the object
of the later exemptions was not the se
curinjj of necessaries to men and their
families, but to defeat debts.
Now compare our former exemption
laws and our present homestead laws
with those of Georgia. Our Act of 1856
Rev. C. exempt personal property, arti
cles by name, which may be of the value
of several hundred dollars, more Or less.
according to the circumstances ot the
debtor's lamily. And in 1SG0-07, prior
to tbe existence of the debt in the case
before us, an act was passed exempting
"all necessary farming and mechanical
tools, one work-horse, one yoke of
oxen, one cart or wngon, one milch cow
and calf, fifteen bead of hogs, 500 lbs
of" pork or bacon, 50 bushel of corn. 20
busnels ol wheat, household and kitchen
furniture nut 'exceeding 200 in value.
The libraries of attorneys at law, prac
ticing physicians and ministers of the
gospel, and the instruments of burgeons
ur.d dentists, . used in their profession.
Acts '06-7 ch. 61.
It is apparent that an allotment of
those articles approximate 1,000, and
in many cases would exceed that sum m
value. And the same Act allows a
home homestead of 100 acres without
restriction'- as to value, wh:ch in many
cases would-be worth, -with tiieimnrove
ments, many thousand.
In 1863 our Constitution was adopt
ed, and in that, our present homestead
law is limited to $1,000 realty, not in
fee simple, but for a limited time, and
personalty to the value of $500. Can
it be said of our Homestead law, as the
learned Judge said of the Georgia law,
that any one in casting his eye over
them, as compared with former exemp
tions, would be struck by the magni
tude of the increase? Our homestead
law is not an
increase, but
a restriction.
upon
former exemptions. A nd they
were not made to defeat deots, but to
secure necessaries and comforts to our
citizens.
From this explanation it will be seen
that the decision of the Supreme Court
of the United States in the Georgia case,
conflicts in nothing with our own decis
ions ; but they are in exact conformity.
The Georgia case decides two points :
first, that in that particular case, the
plaintiff had obtained a judgment on
his debt, befoie the homestead iaws were
passed, and that, in Georgia, that judg
ment was a lien upon the debtor s prop
erty, whieh he had at its rendition; and
that thereby the plaintiff h id a vetted
right, a property, which c mid not be
destroyed, or taken lrom one person and
given to another. We distinctly con
ceded this principle in ilill vs. Kessler ;
and We expressly decided it in Mc
Keathen vs.- Terry. There is then no
conflict upon this first point. There is
however this difference between the law
ot Georgia as stated in the Georgi t case,
&nd the law in North Carolina : a judg
ment in North Carolina prior to the
Code has never . been held to
be such a hen upon property
as to create a vested right, or property in
thy plaintiff, Or to divest the property
out of the defendant, or to invent in th
officer. The only fo:ce of the lieu has
been to prevent the debtor from selling
it. It requires not only a judgment, but
a levy to change the property. Lndd vs.
Adams, 60 N. C R., 164, Norton Mc
Call, fd. 150..
The second point decided .in Gunn cs
Barrv i.-, that the Georgia homestead
laws impair ihe obligations of c--utraeis.
We conceded iu Hill vs. 'Ki tsler, that
any law which had tn it tliVct was void.
We said : "We 'concede" that if thi.-; ex
emption impairs the obligation of en
tracts, either expressly ot by impbea
tion, it is against the Constitution of the
United St.it-.-s, Mid therefore void.
We concede also that a con
tract must be understood with reterenca
to existing Uw for .its . untoici mnt."
Aud we saio, also, tl.at the State
cannot "atolij-"h or injuriously change
the remedy. It is not the de
cision tJ U. S. Su. iemc O. ur . und
c-ur decisions, that me in eo Ibct, but it
is the G'.;or:-'ia homestead iiws
hind
ai c
Nor'h Caiohua homestead fiws that
unlike as has been aireadyshown
I know ih:sl we cannot always look
to the hardship ol cases to uide- our
defisiou.s they are, the quicksand ot
the law, but still it is proper to look
to the effect of . our decisions
to enable us 'to. - see whether
we are carrying out the purno.ses ot leg
islation. What is the purpose of ex
emption legislation? !-- it, to delect
debts? We have repeatedly said that
this vas not the object of our exemption
laws. But that the : purpose ws to
secure necessaries and comforts for our
citizens. Th's is not leit to iufcrence,
but our laws have themselves declaied
this to be the purpose. Rev. C, chap.
45, s. 8. And this is paramount to all
debts.
The Supreme Court of the United
States in a date case, Van Hoffman vs.
the city of- Qaincy, 4 Wal. 535, in
speaking of exemptions which the State
may make, says : "They may also exempt
from sale under execution the necessary
implements of agriculture, the too's of a
mechanic, and articles of necessity in
household furniture. It is said regula
tions of this description have always
been considered in every civilized com
munity as properly belonging' to the
remedy, tobe exercised by every sover
eignty according to its own. views of
policy and humanity." And in a former
case, Bronson vs. Kinzee, 1 How.
311, TaneyrC. J , said the same thing,
adding that: "It must reside in
every State to enable it to secure
its citizens from unjust and harassing
litigation, and to protect them in those
pursuits which are necessary to the ex
istence audjWell being of every com
munity." And in Planters Bank vs.
Sharpe, 6 How. 301., Mr. Justice Wood
burry, in delivering the opinion of the
United States Supreme Court, enumera
ted exemption laws among the examples
of legislation which might be constitu
tionally applied to existing contract.
The purpose of our legislation being to i
secure its citizens the "necessaries and
comforts" of life, and this having been ;
decided lo be a legitimate purpose, and
paramount to all debts, let us see in
what condition our people would be if
ourdiomestead laws are declared to be
void. Our homestead and personal
property exemption act, repeals all other
laws upon the subject. Therefore our
debtor class are to be left without any
exemption whatever! Not even a
bed or a crust ! Nor is there any
relief in bankruptcy ; because a large
poition of the debtors have no; the
means to pay the expenses, nor are their
debt3 large enough to bring them under
the bankrupt law. .
And furthermore, the late amendment
of the bankrupt law allows such exemp
tions in each State as the State law
makes ; aud North Carolina exempts
nothing.
And then we have it, that exemption
laws, which repeal former and larger
exemption laws, and whidi are there
tore better, for the creditor, are declared
void because they are too large, and
impair contracts! And here it is to be
considered, if necessary exemptions are
constitutional' and unhecssary ones are
unconstitutional,who is to judge of what
is necessary ? It would seem that the
Legislature is the proper body. Legis
latures have heretofore done it, and the
Legislature of every State in the Union
has done it. And in no single case
has a' Court ever done it. The nearest
a Court has ever come to it is in the
Georgia case, in which the Court says,
that where there was.au- exemption ot
$200 worth of land, and it was increased
to $ 200U, the "magniture of the in
crease" was palpable, and made it void.
Suppose this case : A widow is allowed
a year's support, say $100, and the legis
lature altera the law from $100 to $200,
would the Courts undertake to say that
it was unreasonable or unnecessary, and
therefore void ? If from $100 to $1000
it would be palpable. Or suppose the
same as to a debtor. I suppose the in
crease would have to be striklng,md the
want of necessity palpable. It would
be verging on the ridiculous to say that
the Supreme Court of the U. S , or any
other Court, better knows the details
of what is necessary fcr the
"comfort and support" of the
citizens of North Carolina than the
Legislature -of. the State, or that it is a
question of la.v, unless in palpable cases.
And it would be-inhumanity to say,
that, because the Legislature repealed
one exemption law, and substituted
another, and a lesser one, therefore the
debtor sli iuld not have any exemption
at all. And this too, at a time, when,
owiug to peculiar circumstances, proba
blv one-halt ot the debtor class aie
owing more vhl debts than they can pay !
Nor is this view irrelevant ; because, as
1 have already shown in the quotations
made from United States Supreme Court
decisions, exemption laws are based
upon "policy and humanity ;" and they
do not impair, but are paianiount to,
debts. It under our cireumstai ces our
people are to be left without any ex
em pt ions, the policy ot christian civiliza
tion is lost siyhtot. and we miiiht almost
as well return to the inhumanity
of the Twelve Tallies of the Roman
law : It the-debtor be iusolvent to sev
eral creditors, let his ' boiy -be cut in
pieces on the thud market day. It m ly
be cut into more or fewer pieces, with
impunity : or, ii his creditors consent to
it, let him be "sold to foreigners beyond
the Tiber." Coopers Justinian, 665,
Aon.
This at least might not involve his
wife aud children in his suffering; and
beside?, as long as the creditor chose to
keep him in custody under the Roman
law, he was obliged to allow him
"pound ot meal a day.". But, it our ex
emptions are declared void, then both
the debtor and his family uo without
even his "pouud of meal."
The opinion in Hill aud Kessler, the
leading case in our Court, was prepared
with care, after, much .rtlhiction and lu-
vestiiration : I lis conclusion arrived at
was against my former impressions and
pr indices, and against my peeumaty
interest, but I was satisfied tnon, as. 1
am now, that the decision was right
Ami it will be upheld as the law ill
North Carolina,' unless and until the
Supreme Court ol the United States
I shnli decide, tl'.-tt the homestead daw- o!
I jyitrth Cindirm ut'e void.
i There i - no e? rov atiirmed.
Heap. .1.
' MAititiiiD At "limiy -'Church, Tar
boio', NrC by the Rev. J. B. Cheshire,
Robert M. Fur'man, Esq., editor of the
Asheville Citizen,, to Miss Mollie E.
Matthewson, ot Trboro (Wc had a
beautiful selection of poetry thvt, would
come in just here, but Syme loaned the
book to a young lady.) " '
State of tub Thermometer. The
Thermometer yesterday was as follows
at Branson's Book Store.: -
At 9 a. m ."."82
At 12 m... 87
At 3 p. m.... .... . ... 90
At 0 p. m.. .i2
The Late Disturbances on Pat-
ETTEVILLE STREET THE TrOLBLJ 8
Among the Workinqmen. Late on
Wednesday afternooD, a crowd collected
around the premises on Fayetteville
street, on which Messrs. Williamson,
Upchurch & Thomas are now erecting
their new store. These gentlemen have
contracted with Mr. O'Neill to build
their structure. Mr. O'Neil has in his
employ a number of mechauics and
aborers whom he' brought from Salis
bury to do the work. " The cause for the
collection of the crowd at the point
above specified was because of the re-
usal ot O'Neill's hands to : conform to
the eleven, hour system, adopted by the
uaieigh mechanics, and the attempt by
some of the latter to force a compliance
with these rules. These open demon
strations made against the O'Neill men
caused considerable excitement and re
sulted in a suspension of the work for
the time being. . ' . . :- ?.-'
The appearance of tlie crowd on the
street, blocking up the pavemenl to a
considerable distance, resembled an ex
cited mob and attracted considerable
attention.
Notwithstanding we were assured by
the Mayor one hour before this scene oc
curred, that should an attempt be made
to interfere with Mr. ONeills' men he
would order out his full police force,
and it necessary would call out the citi
zens to maintain law and order; and
notwithstanding the disturbance took
place"immediately in view of his office,
yet we saw no attempt made by his
Honor at the time to protect the threa
tened mechanics, or to Jdisperse the
crowd, or in anv maner to preserve the
peace and dignity of the city.
We condemn the conduct of certain
aborers in threatening certain other
aborers because the former exercised
their undoubted rights ot free citizens
of the State to work the number ot
hours per day which they contracted to
work.
This is a free country. Men are., free
to work on such terms, not contrary to
the laws ot the land, as they may see
fit, without any hindrance or terror
from any source whatever; and no man,
and no 6et ot men . have any earthly
right to interfere by violence or intim
idation.
We believe in Mechanics Associa
tions, for their protection and interest,
and we will support and defend them
in all reasonable and proper demands ;;
but we will not countenance nor defend
lawlessness or violence, nor do we be
lieve that such a course will in the end
prove beneficial to the interests of work
ing men Nor are they the true friends
of the working men who counsel them
such a suicidal policy. A lawful pur
pose may be jeopardized by unlawful
means. The threats agaiust O Neilrs
mechanics because they work a longer
number of hours than are allowed by
the rules of oue Societv in this city,
cannot be justified in law.or morals, es
pecially as O Neills men are not mem
bers ot that Society, and are unaer no
obligations to be guided by its regula
tions.
We do not know to what extent the
persons who caused the excitement on
the public stroets on; Wednesday after
noon have made themselves liable lor
indictment for conspiracy by the Grand
Jury ot Wake county ; but as the disor
derly scenes took place in sight or the
Mayor's office, and right under the nose
of that functionary, without any special
effort to suppress the disturbance, when
it was at its height, we must say that
Mayor Whitaker is guilty of dereliction
of duty in not acting with-greater firm
ness and discretion and efficiency as a
peace officer.
The Raleigh News is no apologist
for disturbers of the public peace
neither will it by its silence or in any
manner, give aid or encouragement to
lawlessness and intimidation.
' We repeat, this is a free country, in
which each citizen is free to act, free to
think and free to work. Every man
has a right to pursue his own true and
substantial happiness by lawhil means
and do other men or set of men have a
right to molest or make him alraid, or
to coerse him into any system of labor
agaiust his wishes and judgment.
We are. informed by the Chief ot Po
lice that his entire police torce was
ready to pracect O'Neill's tiieu yester
day morning.
" We have heard the naniesfci none
of the leading white mecbahi!
ttal
eigh in connection with this disgrace
fill affair, and we do nyt believe it re
"ceiyes their approval or endorsement.
Supreme ' Counf.' This Court met
vesterda'v at the usual hour. Chief
Justice Pearson tnd Justice i yden
were absent, on Necount of confined in
disposition. . ' '
The following cases were argued :
R N. Green Exr. Vs. J. M. Green,
Chathaii.' John Marning, for plaintiff,
and Ralph Gorrcll for the defendant.
Wm. Ferrell et al vs. E A. Fcnell,
Caswell. William AGraham for plain
tiff and W. H. Baily for defendant.
J.-R. Haskins vs. F. A. Roy&ter, Perr
son. W. II. Bailev and W. A. Graham
for the nlaintilf ' t:o connstl for delen-
- - L .
dan. . !
J. R. Norwood, "g'dn. vs. Williams,
Person. W. A. Graham, for plaictdt
and Jones fe Jones for delendant.
The, Court ndiourncd to meet 'his
- - - u
morning at 9 o'cioek. '
OBITUARY.
Ti.r-. in tliis M.mslv near V'ftlie I'o; f ;;t
College, on 1 lie mnrolng nftlie fcij.iiasiki., 4
MIS .1AKY Al. fF.RXBU, nnc Ol .3. . i
nell, Ksq , aged i years. For im.iv ih.in i
months previous to her dv-ath sne bad been
coiitinut to Ikt bed b paint' nl sickness,
which she lore witn s;reat patiences. Sue
died calmly, tailing asleep in J sus. Eai .y
in life she professed to love the Saviour
and her life wa consistent with he'- profes
sion. As a wife, mother, neighbor and
friend she conducted herself in a most ex
emplary manner. J. V. Jr.
C
ONSTANTL Y
PEC EIV IN G
fresh supplies o' first-class Goods which we
warrant to please.
WYATT, OKEKX A CO.,
aprl 9-tf - No i, South Hide Market.
"yy, a N T, b i) .
A Vrcond Hand Fonr-Seat Rocka
wft v
ti. Ar. HLACKNALL,
jn ls-:U Yarhoro House.
TEL, E GrRjl JPjaZC JVEJTS.
Washington News. '
Washington, June 19. The Presi
dent, accompanied by General Babcock,
arrived here early this morning. .... He
will return to Long Branch by Friday
night's train. It is not supposed there
will be any formal Cabinet meeting in
the meantime, although tbe heads of
Departments w ill call on him for the
transaction of busiuess of a routine
character. .
Among the early callers on the
President this forenoon were Messrs.
Robb, Savage and Osborne, the
Commissioners appointed to in
quire into outrages and depredations
on the Rio Grande. Although the visit
was mainly of courtesy, there was some
incidental conversation relative to the
results of . the inquiry. -The President
expressed his satisfaction with the la
bors of the commission, and remarked
that he would do all in his power to af
ford the required relief to those. who
had so severely suffered by the raids. .
It was stated several days ago there
would be about twenty changes in the
consulates for the benefit of the Presi
dent's Southern political friend?:
Several such changes have already
been made. The latest being the ap
pointment of Henry R. Myers, of Ala
bama, consul at Hamilton, Ontario, in
place of Blake, suspended. The Presi-
dentdias also appointed aa Internal Rev
enue Collectors, Josiah Andrews, for
the Second District of Michigan, ar.d
Adam Nase for the 3rd Illinois. Also
William S. Defrees. of New Mexico.
Agent for the Indians of the Maqutties
Pueblo agency, io place of Caroth&rs,
resigned.
FROM NEW YORK.
Custom House Irregularities The
Italian Slave Trade.
New York, June 19. The Custom
officers have shawls imported via Mexi
co at a thousand per cent below value.
1 he papers characterize the Custom
House as implicated as heavily and
therefore responsible.
Consul General Lucca, of Italy, pub
lishes a card asserting that the suffering
of Italian "children brought here as
slaves, has not been exagerated in the
least, but so far from his being to blame
in the matter, he has ,been doing his
utmost to s'op the inhuman traffic. As
one result, the Italian parliament has
just passed an act making trading in
children a felony and severely punishing
not only those who employ them, but
parents who consent to their employ
ment.
New York Fire Underwriters.
New York, June 19. At a meeting
of the New Yoik Board ot Underwri
ters, Mr. Howard called- attention to
peril by fire inAtlanta, where the Town
Council have just declared that they will
not provide a supply of water. This
matter was referred to the Executive
Committee.
-
The Cholera iu Nashville.
Nashville, June 19. The cholera is
unabating.. Three draymen were at
tacked on the street. There were 30
deaths yesterday; 8 white and 22 black.
The Modocs Endeavor to Escape.
Yreka, June 19. Curly Headed Jack
shot himself. Several Modocs had filed
their shackles, but the escape was pre
vented.
The Cholera In Cincinnati.
- Cincinnati, June 18.- There were
two death.9 to day from cholera syinp
oms. The Railroad Life Insurance Con
vention. St. Louis, June 19 The Railroad
Life Insurance Convention meets next
year in Richmond, Va.
iHlINltUT DISPATCHES.
Railroad Accident.
St. Louis, June 19. -While a train
with two engines attache J belonging to
the Missouri, Kansas aud Texas Rail
road, and a train with 1 engine
belonging to the St. Louis, Kansas City
and Northern Railroad were running as
one train on the Hannibal and ift. Jo
seph Railr a 1, a lew miles lrom Kansas
C ty ou Fa urday last, tl ey collided
with a train running west, and four lo
comotives were almost destroyed. Sev
eraL stock cars were smashed. The
lour engineers were more or less injured
. No Cholera Here.
Knoxville, June 19 A statement
published in, the Nashville Banner yes
terd y morning that the cholera pre
vailed here and that a perfect'panic and
th it thousands were fleeing to the
mountains, is incorrect. There is no
rateii disease here, nor has not
been
up to
last 5
Uia.dertakeis'repoit fewer deaths
tin- ostsent time commencing the
weeks, tli an
w i n ter.
any one week
during
the
Higamy.
Nkw Yokk, June 19. Geo. P. Evans
was arrested lor bigamy and also on a
civil Fuit '.rought by P. R. Barnwell for
10.000 diniMes, and lodged in the
tombs, lie is charged with having three
wives living, viz : Aimira Davis, daugh
ter ot wealthy Boston parents ; a daugh
ter of Dnvid N. Badg'-r, of Boston, and
al?-.o h daughter d Mr. Barnwell, the
prosecutor. . He was about eloping with
another yiuiiir lady wlun overhauled.
Weather Probabilities.
Waiiin(;ton,. - Ju
Souihein Sttes east
ic
18 For tlie
,i' the Mississippi
on 'Friday, light to I'i
lrom the Southwest a
(rail WK1US Iliosil ,
nd Nortiiwest and
very :eneraliy
weather.
clear or partly cloudy
Washington News, i
-, Washington, June 18. Grant
nd
Belknap are here.
No formal Cabinet appointment!.
Henry Ray Myers, of AJib aula, has been
appointed Consul to Ontario, Canada
The Fordham Races. .
FonDllAM, June 19. The first race
was won by John Boulger, in 2 minute-;
the second by Joe D miels, in 1;441.
New York Items. ,
New York, June 19. Great excite r
ment at the police headquarters, owing
to the report that the Commissioners
were about to appoint 25 colored men
on the police force as patrolmen. Com
missioner Russell says he supposes the
rumor arose from a resolution yesterday
to appoint 2o colored men a3 street
sweepers.
Wall street markets continue duil
with speculative shares, contrary to the
general expectations heavy and - lower.
In Southern State bonds the business
amounted to twenty-four thousand. dol
lars, with prices steady.
More 1 the Polaris.
Washington,. June ll)th. Robeson
has made his statement from, evidence
of rescued Polaris crew, he dosu't know
whether Capt. Hall died a natural death
or not. He thinks the abandonment of
a part of the crew on the floe of ice as
accidental.
Foreign.
Madrid, June 19. A majority of the
finance committee of the Cortes are in
favor of abolishing the low grading of
pensions to members of the cabinet, and
placing them upon the same footing
with other functionaries.
Fire in Iowa. '
Burlington, Iowa, June 19. The
Opera house, courthouse and other
prominent buildings burned to-day.
Loss $400,000. -
COMMERCIAL. REPOUTV
, New York Markets.
New York, June l'J. Cotton, net receipts
150 bales ; gross 1,200.
Sal es of cotton for future delivery to-day
17,000 bales, as follows: June 204a20 ; July
20Uatf) 11-16; August !i0a20 11-10; September
Wya ; November
Cotton qulet,.nominal ; sales 271 bales;
middlings 21. .
Flour quiet and favors buyers. Whlskey
shade easier at 'JS14. Wheat closed quiet ;
most grade lower. Rice quiet at 7aS.
Uorn 1 cent rower, white western 67. Foi ls,
weak at hj.85ajfl7. Lard weak 15-ldal).
Navals steady. Freights quiet.
Money easy at 4a6. Sterling steady. Gold
LTKalDU. Governments rather heavy. State
nomiuii.
vmv Foreign Markets. -
, ... .. - - ...
Li
ndof, June la ioon. uonsois
Fives J.
Paris, June 19-Nooa. Rentes 55 and 95.
Liverpool.. June 19 Noon. Cotton
opened steady ; mdauds SJut) ; Orleans 9 i
lattr uoiton quiet anu swauy; saiea
10,000 bales; speculation and export 2,000.
Evening Cotton closed quiet; sales
American 5,";00.
. .. .... ....
Wilmington Markets,
Wilmington, M. C, June 19. Spirits tur
pentine firm at 41. Rosin quiet at $2.H0
tor No, 2.
Crude turpentine steady; Si.tO for hard ; :
fo.OO ior vellow dip and virgin.
Tar quiet, at 5.00.
Cotton Markets.
Savannah, June 19. Cotton firm ; mid
dlings 1S ; iow middlings 17; good ordi
nary 16. ,.'
Wilmington, June 19. Cotton firm ;
middlings 18.
Mobile, June 19. Cotton firm, oflerinpc
light; good ordinary 10 ; low middlings
IS; middlings 19.
Charleston, June 19. Cotton quiet; mid
dlings 18al8 ; low middlings 17 ; ordi
nary n4aia.
Baltimore, June 19. Cotton firm ;
dlings 20.
Norfolk, June 19. Cotton linn
middlings 19.
Boston, June 19. Cotton steady ;
dlings 21. ;
Memphis, June 19. Cotton tinner
'middlings ISaln1,.
mid
low mid
; low
NEW ADVEltTlSEMUlNTS,
A T S AND viFaT
0
500 Bushels lie ivy Virginia Oat.
100 Hales I'rime ,N. O. Hay.
ju 19-tl R. F. JONES & CO,
JjAMSiND BREAKFAST JUC )N.
Superior Canvassed Hams.
Breaklast Strips
ju 19-tf dt, F. JONKS-& C A.
V
IRG1NIA TOBACCO
Blaekwell Orange Brand.
Travis' round C.iv?wiii!'!Vb-icer.
j u 19-tf K; F. JONES Jr Co.
J0AI hOAP, SOAP, SOAlVbOAP,
.30 BoaVs of Fowler
pany, Honey
oap.
ju 19-tl
iV 0;
nd
., Salem, 'arU eont
"May Fiower T! let
K. F. JONES A Co
L O U R A N
I) M' 15 A L
00 Sacks N. !. Sup. and Family Fiour.
;50 Barrels Baltimore Flour various grad.-K
in iji.autities to suit purohHsoi ,
150 Liuslu-ls 1- re-li Cum ..'.Mead at lowest
market rates.
B. F. JONES it C '
Wiimiiigfon.-'liet! i pji'iio
ju ltt-tf . ; XTkju-t Sqiiii-ie.
N
L'
T
T .U K b. I) A V
Tusca:oiii L'ge and other Loils wi!i
elebrute the 'iu of .luu -at 4di Oi'phaii
A sy in a i..
jMine: will he prepared ly; ! iercii .
Addesss will !j Ue:ivered by U-y. ;i. ;a
veu, l.. D.. of Trinity College, HeV. Ocii;r;
I'alter.-on, ot W'iimiiiglo.i, lion. it.hert l.
Vance, o Kuncoiinw. ioi'. M. V. Il mom,
of Ni'i I ham pi'n, and n'litT tisi inu-irsh- il
sprakes. The cvt.it ' nii.spor'a U .n w i! 1 bi
as fo.io .v :
From Ka:;gh to Oxf.-rd and h-vk, ' ? 4 ?"
" Fort-itvi"lr U '" " ' .'i 1
' h'rankliu!t:t ii .
" Itldgeway to " ' " 2 ("
Warn nton lo ' "
" laeon to -
" Eittlt ii U " w
" Oastia ir " 4 l.
4 VV tldo i to " ' 1 7.
The Norin t sir Una Uo;d, uml. the AVii
millijloll PllCl V't lilon lli'.nd. wdi sdl re
tii in t;e-t ;or:,nt- !i't i f.uv.
v.Kiitiis i:,ny h-iVf ivtlxixh o Vtdlon on.
thn Moiidt iiiKi nii'tj :ai , r I he Viiiid i
-vei.i(!if Fi-'jiiji, and . ai:ii oxford oi tim-
i'or in..- t-x(-rj!M:?y U'u;.' nir.g, they may
ta xe tr dn hi He-id r u oa 'i ;; ;s ven
iu. t.Uougli th:- ticrti t will iv u-'o il they
Sll.lli I 1 Iff l !"--!-.: i ':
j-i it id i .!. H. MILi-S.
i :
i u li it a: tie.t- in t :t
"jor.i di. imxt'S lor fuiuiy
s,:il for s 1 U: at.
t'-AUMI-.U'S i
june 17 d"2w.
Miir.;ef.
. .i'llSi l',
i n' -'i
l l vu
jn. sroitE.
L.
K C 11 BROS & M ILLS
.r s: ir it v is jt .r, c.
liatir.g just computed our ww Mrick
Warehouse and Wharf, we are pr. j -a red to
handle
Cotton.
Corn,
Rice,
Peas,
Oats, A-c,, Vc.
with a Mreat advantflse. '
A la rue s'oek of co UN constantly on
hand. feb.il-2m