North Carolina Newspapers

THE SENTINEL. Til MMI. E. PELL, Stale Printer. TD, BtmtliM f ti Siiu. saakaa ii ana of the noil deairbla medium! of adrertiiing in Uie Stat. Advertisements, occupying the ipaoe of 10 linei of niniuo type or lose, which we eall equare, we ebarse TFttMS r St'BSCBIPTIOV. Ths Wiiilt SasTislL ie published every Monday Morning Hill Winn Saturdays sad Wedaesdeyn. Terms: Weekly, one year, la advaaee, S' of Beni-weekly, one year, la advance, 9 H.ml weekly, lra"nlh In advaae, I Daily, one year, I" Daily, six monthe, n" Dally, three months, 08 Daily one mouth, I 00 SEMI-WEEKLY. f,,iJdw for iniertion in tno weeny . For one Insertion, Fur two insertions, y(,r one most) -Fur two month, w i .n1ft4 -i. It OA 1 ill 1H Its" m ii ' im i "1 WOULD RATH lull HE Kir Mr TIUW BU PftKSlENT..Hary City 11 M rnr ill mi"""-f VOI;. 1. RALEIGH, WEDNESDAY, JANUARY 23. 1867. NO. 69. THE SENTINEL, KATES OF ADVEBTISIXG. NEL. K,.n. t, W jOH WOKK cioeuto'l with neataMs at the eun t Orncs. It North Carolina a State ? The history it tlic lute Provisional Governor ot North Car-nnia, if ever written (airly, would characterize him as ne of the most changeful, unsettled, unreliable men of any age ; but, in all ins change, a veritable Vicar ol Hray. Nm man in North Carolina has lecn a more blatant advocate of the right ami indestructi-(,ilitj-of the States than he, none more violent in tlip assertion of thostf rights, yet, ainee bin ennvfraion to Hidicali-m, he gulps down, withput ao effort, the moat rjidical vagaries of consolidation. He in now rea.ly to admit that North Carolina is not a Bute, but a conquered territory, deserving disfranchisement, it not annihilation. ' The came tor this change, of sentiment cannot be traced t any iorce of ar gument stronger tlian that which always i.el.l the Vicar of Hray to his gh''-e. A little over a year ago, Mr. lloldeu, tben Provisional Governor, addressed a menage to the State Convention, then assembled in this I City, the second paragraph of which read an follows: "North Carolina attempted, ttt May IH6I, to separate herself from tin- Federal I'nion. This attempt involved hjrr, with other slaveholding Slates, in a protracted and disastrous war. the result of which w as a vast ex pendit lire of blood nd treasure on her part, and the practical abo lition of domestic slavery. She entered the rebellion a slaveholding State, and she emerged from it a non-slavcholding State. In oilier r, -pis t, so lit as Tier ettsU nee as a Slate and her relets as a State are concerned, she ha mi ,1, rMii. no change. The President of the I in", d State wisely determined that her asis I, ,,. a State should not be extinguished, but that, under the clause of the Federal Const it u ti .ii which "guarantees to' every State in the ',i.-, a republican form of government," her H ,.;. in Convention assembled, might so alter i, I amend their Constitution, and- adopt such uir.i- irn ns would restore the Slate to hi r Con s nuiional relations to the Federal Jovernnient, I thus secure once more to the people there- . i th. immeasurable benefit and blessings ol t lie l llion," Tim aWc was sound doctrine Oct. :ird. IHfi.j. V, r . ..iisiderei it sound doctrine now. Can Mr. II. ! dm, or any one else, show to the contrary ( The Situation. j The vuovcuiiiiW uf tlit (lominaut party in j I iim , and the results ot their action, con j t I. ,10 to be lliattels ol Sj'l I llW'.ioll with letter , w ri'i-rs and other-. What they will determine n is vet unknown to mortals. The disposi- j I, n . I the Southern' St.it' to remain in . v- .. to rest upon llo ir oars and let v. nts come, . . well as tlic firmness oT the ' tTenidcnt and of : '!.. Supriinc Court, inoiuc v,,il require a change j I programme Hence, il is difficult to say : li it ill I done. ! The temper of several of the leaders ol the party indicates a purp.wc to impeai II the Pics- . i 1. nt at all hn.ards ; this being ff. ctcd, ot ' i ourse there w ill be no lonoer any serious bar- : rur, to the lAiitbtow ol every impediment j shiel lies in the way of a thorough revolution i .if the govertimi n'."'1 rantfol lu'ing UurseLves ' to the Im lief thai the North w ill sustain this ex - j tiaordiiiary and. d. struclive policy, We-stillj' huic that nuire pjuJcut iuul?;if fiH'l 'Bfey i prevail. The able and f .icble article . hich we put -lish. in another i-oltimtt, from the New York 11 '.,,, contains much food for reflection. It will be observed that it take a more serious view of the impeachment movement than it hai herrtnfore given the mailer, and sounds the ki v note of warning and alarm. We commend the article to the attentive perusal of our read ers. Oi rKx. V. (5. Is in a forlorn ccincrtlion. The "Southern IJepublican Assia ialion," af Wash itiyton. as antioiinced by telegraph, on yester dav. have given him the "iiiikindcst cut of all.'' bi the scheme ol reorganization which they rinve prepared, and design urging UI"" t!' adoption of Congress, they declare that no man shall be eligible to the ollice of ( Jovernor, "who signed any ordiuancc of secession." This looks intentional and pointed. Well may the Kx. P. 'i. e x el n i in : " nil you this backliiK lour friends . A plague llism sui'h hacking f" Governor Orr upon Territoralizing the South; Wakiiinoton, January 17. (Joverr-r Orr, of "vinlli Carolina; Bedford llrown, of North Caro ' linn, w ith a lnrge humlwr ot visitors, wert- at he White House to-day. (Jovernor Orr is on huiluess connected with emigration to Hotitlt Carolina, and tly relief of the former postmas ters there who turned over their funds lo the Ciinf.(,.ale (Jovernnient. He is not in favor of the adoption of the constitutional amendment by any Southern State, but Invora a (rraroful siiUmuuinH o anything I ht conquerors, may deiir-md. lie sa a,' jocularly, thjit territoralir.a- would be welcomed as an economical measure. Mr. (ireeley, in tjie lecture which he isdeliver 'ng in various parts of th country, defines anar 1 hy 11 "the unchecked power of the strongest." We fear thiajlefiiiitii.in-.uijl Lard I y pas.s muster. It is the definition of despotism, not ot anarchy, which Is the absence of any supreme power. Anarchy paves the way to despotism, but is not despotism; anarchy is anarchy. - lsuiriU Journ al . Church milliiicry, now a days, is thought of siii h iiiiMrtBiic) by a certain set of clergymen that, instead of the njitirch militant, wc fancy ,ihey must spank of it as being the cbursh mil- linerj tant. unn. HABEAS CORPUS. In the matter of William II. Ilughet. Uiiaimm unit IIaiiiuk for Petitioner. Buaixi contra. MooiiE fur Sheriff' of flrantille. PlJAltSON C J. At June Term 18(i0, upon the request of Gov. Worth, the Judges of this Court certified to him an opinion in these words: RAI.KIOU, Jl'NK 21st. 1801. Jli Efreltenry Got. Worth: In reply to your communication of the 20th. inst., I have the honor to say, the Judges concur in the opinion that the word, 'Crime," in the act of Congress to w hich you refer, embraces all offen ces against the public, isl an aggravated or in fannies character, as omtra distinguished (rout trivial orteiices to which the milder term "mis d .neanor" is applied. The dividing line is not plainly marked in the books, and to convey the meaning, we must resort to instance. An assault with it. tint to commit . lelony, a conspiracy, cheating with false tokens, are "crimes." An ordinary assault and battery, retailing w ithout license, arc misdemeanors. In determining what is a crime, it is proper to be governed by the lawsof the State in which the iilleDee is aUcod to have been ci I'lmitled. The grade of offence may be considered as marked by the punishment; if it be infamous or degrading, as the jail or penitentiary, the offence is a crime, ami properly associated with 'treason' and "felony ;" if the punishment be only a line the iilfence is a misdemeanor, and is excluded from the operation uf the act of Congress, by the words 'treason and lelony.'" "Xoneitur a fSioNKiii li. M. PKAUSON, Chief Justice H. C. This opinion covers almost the w hole ground. It was proK-rly conceded on the argument hy Mr llragtr, that in regard fo. points of law the Court has power, s a co ordiuate Branch o) the government, to review and control the action of the (Jovernor under a writ of Habeas Corpus. On the otlicr hand it was conceded by Mr. (Jraham, that, in regard to any other matter within the discretion of the Oovrrnor, the Court had no right to interfere. It was urged Uy Mr. Graham, 1st. that cheat ing by lalse pretence, as distinguished from talse tilrn. was not a crime at Common Law, and was made a crime by statute in the Slate of New York after adoption of the Constitution ol the United States, and consequently is not embraced hy the word "crime" as used in that instrument. It may be, that in the construction of a treaty leteeii independent nations, where a particu lar offeiiM? is s pec i Bed. "forgery" lor instance, as in Windsor's case, cited in Whcaton. Int. -Law 1 IT, it was well decided that what was or was not "forgery" dcended on the state ol the Law at the date of the treaty, and that a statute passed afterwards making "a false entry, bv a clerk in Hank." forgery, was not embraced bv the treaty. Ours is different case. He an-not ffll.lt ing a construction iiKin a treaty between independent nations ; we are putting a construction upon a ( milttutivn "adopted by the people of the I'nited States in order to form a more pcilict, ,1'iuon, establish justice, ic." In this in-truim-in we find a provision that any person c harged with treason, felony or other ( lime, shall be delivered up, Ac. The words are general ; mi specific offence, as forgery, is named, mid, in the very nature ot things, this l-iiig a part ol' the lundaniental law of the t ffiteiT Stifled, has 'rcte-rc'nce to such changes in the Criminal I. aw, that might thereafter lie made in any State of the I'nion ; so the posi tion, that a rule ol construction which may have ImiHi properly npplb'd t" treaty, is applicable to the Constitution of the United States, is un tenable. The clause under consideration should lw.cunatrucd,'jn connection with the clause im mediately preceding, "the citizens of etyh State shall be entitled to all the privileges and immunities, of citizens in the several (States," and, as by the one, a citiz.cn of North Carolina going to the 'Slate of New York is entitled to all the privileges of a citizen ol that State, it is plainly the meaning of the other, to subject him to punishment for violating its Criminal Law, as if he was a citizen of ;hat State, and to takeaway all chance ol itotlging behind State linen. It is i lear that the tacts set out by the indictment in this case constitute a crime ac cording to the statute of New Y'ork, as' con strued by the Courts ot that State. 2np. H was urged in the second place, that as the prisoner had been heretofore delivered up bv Gov. Worth, and was ntlowed to leave the Wate of New York, upon entering into a recog nizance for his appearance, the Governor had no power to order his arreef a second time; either on the ground, that his powur having been onre exhausted, had spent its force, or on the ground, that a forfeiture of ffie recognizance was an atonement for the offense ; neither of these jKisilions can be maintained. It may be, that had the prisoner lieendischarged for want of prosecution, it would be in the discretion of the Governor, to refuse to order his arrest a second time; but where a recognizance is taken and the prisoner fails to appear, the power of the Gov ernor to order a second arrest cannot bia-ques-tioned ; the suggestion that a forfeited recogni zance -is to be trented as an atonement for the offense, does not admit of discussion. It follows that the prisoner must bo remanded, provided Jonathan Worth is rightfully filling the ritHcc of Governor of the State ot North Carolina. That point was not made on the ar gument, but as the objection has been gravely nrged elsewhere, a decent regard for -public opinion makes it proper to state the grounds on w hich it is believed that the ollicea of the State are rightfully tille. See State vs. Lane, 4 Ired. 484. The whole matter depends uHin the question, Was the Convention of 18C5 a rightful Conven tion for thu purpose of reorganizing the State governnicrit, or was it an "unlawful assembly f" 1st. It is said that the President had nTi power to cause measures to be adopted for calling the Convention, and that his act was one of Usur pation and in violation of the Constitution of the Stnte. It is provided by the Constitution of the State, Aft. 4, Sec 1, "No Convention of the people shall lie called by the General Asscmblynnless by the concurrence of two-thirdsof all thctncni (.wrs of each House,." ,, Tho Convention was not called fn pursuers of this provision ; and.it may be conceded, that il the Convention had lieen called prior to the revolt and surrender, it would have been an "un lawful assembly :" but the Convention w as not called until after the State had revolted, and had been subjugated. This makes the differ ence. The Convention w a, not in pursuance if the Constitution of the State, nor was it in violation of that instrument. It was neither const it n tinnal nor unconstitutional, but i rtra i -oust it u tional ; that is, it met nt a lime and under i ii -cunistanc.es, nol providid for by the Constitu tion. It was the creature ol the i iner;;e:ic the only mode by which it was possible ,, n tricate the State Irom the eon.iiiiou of anarchy into which it hud fallen, by the attempt to with draw from the Union, which n suited in .ml j f gatioij. I The frame of the government el the State slid existed ; there was the machinery, but no hands to Work it; there were the oll'ie. s but no offi cer qualified to discharge the 1 1 nt is -. Tlitw officers wdio held during g..od behavior had lieen required to renounce Iheirnllcgiunce to the government of the United States a:id to take an oath to support the government of the Confed eral States. Such officers as had been elected or appointed, alter the revolt, were required to take a like oath ft is provided by the Consti tution of the United States, Article VI, clause .1, 'The Senators and Representatives before mentioned, and tlsr members of th" several "state Legislatures, and all Kvecutive and Judicial of fleers, both of the United States and the -i vera! States, shall be bound by oath to support this Constitution." Nonnen't the Si ate officers w as bound by an oath to support tin Constitution ot the Coiled States, iind consequently, no' 'one of them was qualilied to diseha'g" the duties of their respective olliees.. There was no liny, crnor, no mcuiU'rs of the General A e.i.bh, no Judges. Every officer in the State w.-ii po'iti tally dead, anni the effect the sanu as if 1 1. had all died a natural death. How i ould the gov ernment of the United Stales recognize, as rightful officers of the State, men who wire not bound by the oalh required by the Constitu tion, out on uie other luml were I 1 1 i n 1 t an oath to support another government, and j had been elected or inducted into office at a ' time when Uie State was in open war with the United States ! Here, then, was a state of anarchy no ('-on-rent ion could be called by the General Assem bly, for there were no persons qualified to act as memliers of the General Assembly, and there was ho way to have the State offices Hired, whether Executive, Legislative or Judicial except by a Convention of the people, la this condition of tilings, so far from its being a matter of complaint, it w as fortunate that the President of the United States, either as Presi dent under the Constitution, or as Commander in Chiel of. the conquering army, under the law of nations, had power, without refeijencc to the Constitution of the State, to appoint a Provisional Governor, and, through his instrumentality, so to provide, thatMhe people ol the Stat miglil, in a quiet and orderly manner, elect delegates to a Convention, and thereby give the w heels of the Slate Government a" new start. If wc consider the Slate, after the revolt and surrender, in tlie condition of an independent nation, that had been conquered, (and this is the most lavorable light in w hich the subject can be viewed, for thereby the question is re leived from the imputation of treason.) a well settled principle of the law ot nations makes it th duty of th-iqiti4jf nation to take care that the people couquered shall be provi ded with laws, or shall lie allowed to provide themselves with Ian and thereby prevent state of anarchy. The act of the President, so far from being a usurpation, was a discharge of this doty in its mildest lorm ; and the people of the State did r accordingly avail themselves ot the opportunity thus presented, and did elect delegates to the Convention; it follows, that their assembly was a rightful Convention of the pcrtlc. 2d. It is said, in the second place, assuming that the Government of the United States had power to adopt the necessary measures to enable the people of the State in a quiet and orderly manner to elect delegates to a Convention, the set of the President excluding a portion, ot our ; umption that the State had a right to secede.) best citizens from the right to vote for. and be 1 .v, t it; is certainly a mitigation of the wrong and elegible as, delegates, was in violation of o.ir lo l,lis t0 & ascribed, in a great measure, the fundamental law, and such an net of despotism ' proclamation of general amnesty, and the liber as to make the Convention an unlaw ful Assem- 'i'j"with which pardon has been granted, to bly, and the whale proceeding void and of no 81,1 '. n lell under the excepted cua a. A por lorcc ' f our citizens had not obtained pardons. Here again the same latal.error underlies the IW tl.in lct put the government of the United whole train of reasoning. It is strange that ; !, H,a,C8 to 1 ,'e ;nitiv ot waiting until such healed feeling could in so short a time" divest j "m' " a,1' 17s""9 9 "' J PProv the mind ot all impression of the stem fact, that 1 -n;ve At persons for pardon, and, in tUfl alter a bloody war, the State had surrendered without stipulating for terms (there being no terms except that the soldiers were allowed to go home unmolested) and lay prostrate, with no further power of resistance, her people tak ing the amnesty oath, slicing for pardon, and asking in the name of humanity, and the prin ciplcs recognized by the law of nations, to be saved from the horrors ol anarchy! We were not in a condition to invoke the nid of "our fundamental laws" the proceeding was avowedly extra-constitutionali and we co(ild appeal only to the lawsof nations. Whether the portion thusexcTuired constituted the best of the worst ot our citizens, and whether the number excluded amounted to lot) or f0(i, does not affect the principle, and such extraneous circumstances should be put onto! view'. We have then tiiis state of lacls: After .a sur-, render without stipulating lor teniis, the United States Government undertakes, in discharging the duty imposed by the Law of Jiations, to rt - lievc our citizens Irom a state ol anarchy ; and 1 to this end it seemed good to the Government , ,,(. day ol election, and thus practically rxelu of the United Slates to permit the people ol the , ,,., ,,.;,, V(,tiI)fr and acting as delegates to the Skate to elect delegates to a Convention, 1H to Convention, w ouhiNthar fact have put it out of exclude from the privilege of voting for, nnd ; ,u. (, , r (,f the. President to enable the pen being eligible aj delegates, those citizens, who. j , i,), a Convention No one will so having participated in the war, had not obtained 1 t(,hteiul ; and vet their exclusion bv the proc pardon. The question is, was this exclusion a j puliation was the same in effect, saving the violation ol the law of nations and an act ol dis'i 1)mis,sjn f the harsher liait, that is the arrest potism t Wo havo seen tnat, according lo the law ot nations, the conquering nation may either im pose such laws as to it seems tit, or rnav allow the citiuensof the conquered nation the privilege ot frarning laws for itself. Can,arcy prjj.iouh-.ijc suggested, "whick fbrbjcls U)COniiitring,nAtwn in adopting this latter and milder course to ex clude from this privilege those citizens, whom itvleems dangerous and not tit to tie trusted i In other words, does the tact that a portion of the citizens are not considered fit to lie trusted, impose upon the conqucrer the all Cm at! re, either to adopt the harsher course of imposing such laws M tie sees fit, or to wait until such time as lie can be assurred that all oftheciti wnr hnvC-iSecoine (il to be trusted, and in the j meantime keep the conquered Country under military law or leave il in a state ol anarchy ? I II this were so, il would be in the power of a I hau llul ol nicn.w ho choose to hold out in opK - ii,,n l'ler the nation is subjugated and tho : country in possession of the conqucrer, to force him to impose such laws as he sees fit, or else 1 'o i . r tiuiie his military rule or leave the coun , n v oi anarchy. If the conqueror has, by the buy of nations, a right to impose such laws as he deems fit, why may he not confer he privi leges ol framing the laws upon such portion of j me em ens as in ins opinion are worthy of the , trust ( The greater includes the less, and upon what ground can those, whom he deems un- worthy of the trust, complain tint tie privilege is not also conferred on them ; A n ked state ment is sufficient to dispose ol ilicqinsUon, and it is almost too plain to talk about, when wc bear in mijid that it must by judgw of by the law ol nations, and thai we are not in a condi tion to restrict the will of the conqueror by invoking our fundamental law. Take the most recent application o the law of nal ions. Han over is deprived of its King and ot" its govern ment mid law a, and annexed to Prussia,, for such is the irii: ol the conquerer; and this is done in cording to the law of nations. Can we look to that law in a pfiju4pieW whieh-to restrict the conqueror, it be sees lit to adopt the milder c inrsr. and pn' him under an obligation not to exclude any portion of our citizens from tho juivileo. of participating in framing the laws t li ia true, should a conqueror, while profess ing to allow tliecitienstlie privilegeof Iraming law s for themselves, exclude the greater part of them and eonllne it lo a few who may lie deemed tools of Ins, it would detract Irom the magnan imity nf the act, and lie. in effect, the same as if he had imposed such laws as he saw fit. There i iih Kiowm lo support a suggestion oi tne , kind in this case, and even if there was, it could ; not-affect the principle. i 3. Fratricide is a more heinous crime than the I killing of one with whom there is no tie ot kln ! jlrcd. Civil war is more aggravating thau a war . with a foreign nation, and the conclusion in la , vor of the power of the United State, and the manner of its exercise, receives additional sup , port by taking into view the fact that our State I is not an independent nation, but is a member of the Union, mid the. attempt to w ithdraw, and i the war consequent thereon, was a revolt, and subjected our citizens, who participated in it, , to the charge of treason, unless the State had a right t mettle. That question we must suppose to nave been settled by the resulf of the war. So the government of the United States, in dis j charging the duty imposed upon it by the law ; of nations, and the provision ol the Constitu tion which requires it to guarantee to every , State a republican form of government, was fully warranted in considering those individu ; ids, who had not been pardoned, as gtill disaiV f t ied and not worthy to be trusted in the work ! of re-organizing the Stale government. Ours is a complicated form of government ; the citizen i takes two oaths of allegiance, one to the gov ernment o the Stale, the other to the govern ment i f the United States, and both govern , w.Hh m4 iHtrtly rrfmn the imltrlihtal. tit) when the Slate attempted to withdraw, and revolted, a condition ..( things was presented which waa ! not provided lor in either Constitution, and , :.im not to luivc lawn out templattwl Uy the Ira mi is. The citizens were obliged to violate their , al.ii giuiice either to the one Kovernment or the other ; those w ho made their election to adhere to the Stale violated their allegiance to the United States, and those who elected to adhere to the United States violated their allegiance to the State. Although this unforeseen condi tion ot things, which forced upon us the neces sity of violating our allegiance to the one gov ernment or the other, can not be deemed n j'tftijiftitioH of such of our citizens as elected to adhere to the State, (except upon tho as meantime, continue the military occupation tf the State or leave it in a condition of anarchy, without legislative, judicial or executive officers, or else to allow those w ho, being unpardoned, were looked upon by the government of the United Stales as traitors, o participate in forming a Convention bur I he purpose ot pro viding measures to lilt the Stale offices It sr ms to tis very ch nr that the exclusion j of these persons was not a violation of the law i of nations, or the clause ol the Constitution I above relerred to, and ilml so far from the act : of the President being one of usurpation and : despotism, he could not Consistently have done i otherwise. These persons either had applied for i pardons which were refused, lor reasons of I w hich he w as the sole judge, or eUe had omil I l d to apply, liecause I hey were unwilling to 1 t ike the oat!) of allegiance, to the United States, .' or Jjpcausc '.bey,, persisted in thr opinion that they had committed no act 'which needed a ; pardon. Suppose uie I'resitleiil had caused these per ,ns , . arrcsteil, and they were confined on and confinement which occurred in, only one instance. So to urge tho- exclusion ot this handful of unpardoned traitors, as the govem- merit ol the I oiled States considere 1 them, as I a ground for bedding tho Convention to lie an jjuolawttil assembly:, and as a consequence that Juo State lias had, and still has, no Governor, members of c Legislature, Judges or other officers, who can rightfully till their respective offices, is "to trille with a grave subject. ' 4. Whether the act of the President was one which required the concurrence of Congress is a question into which we need not enter, for ta king It to be so, Congress has, in many ways recognized and confirmed the action of the Pres ident in regard to the re organization of the State Government by filling its offices. No oth er need lie relerred to than the joint resolution by which certain amendments to the Constitu tion of the U S. are proposed to the Legislature of the Stale of North Carolina, for adoption or rejection, thereby recognizing the Legislature as a lawful body, and, of course, recognizing in like manner the Convention under whose authority the Mcmbere of the Legislature were elected. Indeed, although there may be some diversity of opinion upon the question as to the power of the President without the concurrtnce of Con gress to enable the people of the Staie to take ; measures by which to resume a Constitutional relation as one of the States ol the Union, (about which we wish to intimate no opinion, because it is not involved in the matter under considera tion,) there would seem to be no doubt as to the power of the Executive, either as President or as Commander of the army, to appoint a Provis ional Governor, and through his instruiuentali'y enable the people of the State to meet iu Con vention and take measures to fill the Stale oflices. Ws have seen that, according to the law of na tions, it is not ordy the right but the duty of the conquering nation, either to impose a Govern ment on the conquered people, nrto allow them to frame one for themselves,,, so as to prevent a condition of anarchy. When the President entered Djion the discharge of this duly, it surely was not fur the conquered people to question his powers, and the mere non interfer ence of the Legislative branch of the Govern ment was such an acquiescence as to amount to a sanction, on its part, of all acts, which, by the law of nations, it was the duty of the conquering nation either to do, or to allow to be done. At all emiti it seems to us entirely clear that the officers of the State, who have been by this means, and in this manner, chosen and inducted into office, have rightful jurisdiction and power to discharge the duties of their respective offi ces, until some other provision shall tic made for the Government of the people. 5. We do not enter upon the question in re gard to the extent of the power of the Con vention, for it is certain that, if rightfully con vened, it had power to adopt all measures necessary and proper lor tilling the offices of, the State, which is the only question now under consideration. It is considered that the prisoner be re manded. K. M. PEARSON. ' From tits New York World.) Impeachment of the President. To persons capable of discerning the future in its germs, the prospects of the country have never, even during the darkest periods ol the war, seemed so alarming as at present. From well informed sctiircesin Washington we receive intelligence which confirms our opinion that the Radicals are strenuously bent on impeach merit; and the result can be nothing less than a hideous civil war in which men will be eager to cut the throats ef their nearest neighbors. It will bo no such war as that from w hich we have emerged, in which the combatants were sepa rated by geographical lines. Thin is no part nf the Bountry in which, multitudes, of the. best citizens do not consider the cause ot the Presi dent as that of the Constitution. If an attempt is made to depose him upon mere partisan grounds, they will conclude that the supremacy of IhetionsUluliott may as well be vindicated, once for all, and will accept the risks and perils of niaintiiiuing it. The want ot any solid grounds of impeach ment mustiiot Wind the country to the inten tions of the Radicals. We cannot truly esti mate their purposes unless we consider the fevor of their fanaticism, and place ourselves in their point of view. It is characteristic of the party to stick at no' technical objections. A strict re spect for the Constitution would have prevented their insisting on the emancipation proclama---tion ; would have prevented ilieir arbitrary im prisonments; wiuild have prexenb d the exclu sion of the Southern. -States from Ci.ngress. The Constitution weighs nothing nguinst ilieir head strong pretence nf right. In their own es timation, they are like Portia in the 1 ( reliant of Venice," ready, lor the sake ol doinj a great right, to do a little wrong. 'I his being ilieir habitual lone of Jentitnelil, it i-nols de to io nore it in judging of their .lesions. How, then, does the political sit 11 at 1. 11 iq.pi ar to the lUiUcalsf In their viiw, l'niilent Johnson has betrayed them. They rejnnr him with the tierce detestation b i 1. y . alms f,,r a renegade. We arc not enquiring win ther their view is right, but what il is. Tin f can set nothing but the laels that .Mr Joii.sstiN was elected by their voles, and that Ik 'is the sole ob stacle to the success of their policy. Their heavy party majorities and their possession id afl the Northern State goyeriinit nts, are rendered worthless nd barren bv his desert ion. It is in I he nature of the human mind that they should strain the Con-t it mion against him. What they deem his treachery is aggravated, iu their cs timation, by the grandeur of the objects which they aim to accomplish. As they view if, they are engaged in a great mission ot philanthropy. They are fulfilling a pledge to the negtoes which binds the national honor. They are consutninalingtbe woik of the wa,r ; fh.uy am reconstructing our institutions in harmony with their fundamental principle. Tin y regard them selves as placed in one ol those great epochs, when the inerests of the, human nice must pre vail over the rigidity of fixed institutions, and they are determined to Complete a great reform which they regard s the. logical consequence of the war. As they do not permit the Constitu tion to be an olistaele, how can it be expected that they will be tciltU'r of The rights of one man ; of a man whom tin y n gard as faithless to a trust tin y reposed in bins, as a renegade from their party, who use a place, Which they conferred upon him to frustrate their wishes and defeat Ilieir policy ? As they view it. here is one miin deb ating, by his treacheiy and ol stinacv, the will ol a whole iicophv.diilv dcebir- ed thrvugh tlie infections, '1 hey fancy that th y era vindicating not only th elaiins of piitlan- thropy, but the inherent right of the majority to govern. When fierce, vindictive passions take on these sm'cious disguises, it is preposter ous to suppose they will le held ia check by constitutional restraints. If party discipline is potent enough to preserve porty unity, it is cer tain that President Johnson will be impeached. The Radicals are enraged to find themselves, in spite ot their majorities, as powerless as it they had lost the elections. They suppose that, by impeaching the President, they can break their fetters without violating the forms ol the Con stitution. Congress is the sole judge ofthe effi ciency of the evidence, and its decision is subject to no review. The evening papers contained this telegram : , Wash 1 Nut cm, Jan. 10. ( it underttood to day that the plan agreed up on In the leader in the iynpeaehmtnt movement in to tutpend the President at soon at the artielm ore preferred, Mr. Wade stepping into his (die President') position. Il is then proposed to prolong the trial until Mr. Johnson's regular term of oftici shall have cxpin d, mid in the meanwhile the South is to e reconstructed over again. This is adroit enough to be probable. A prompt ((inclusion ofthe trial would subject the party to the risks and inconvenience, uf a new Presidential talcctibn. lint if the proceedings can be protracted into the edge of October, the law .has not require an election in advance of the regular one next year. The preliminary in vestigation will be spun out till the 4th ol March, when the, new Congress meets, partly ns a device for running the trial past the begin ning of October, anil partly tn accomplish im portant incidental objects. If the President is hUspetide,1t'ts deemed necessary to have as few of bis appointees in office at the time as possi blc. Hy the Constitution, his unconfirmed ap pointments hold good until the 4th of March when the officers will go out without a removal. The others licing Mr. Lincoln's appointees, are thought likely to side with Congress, to that if the President resists suspension, he will have no agenls through which he can administer the government. Mr. Wade, when declared Presi dent, will immediately fill the vacancies, and the whole administrative force of tho govern ment will obey his orders. President Jounson having no control ol the administrative ma chinery, will be.powerless. Ilischief Secretaries may be disposed to obey him, but nobody will obey them. Congress w ill pass a law, stopping the pay of all military as well as civil officers who do not adhere to the new President. The control of Congress over the treasury is unques tionable. There are Radicals enough in the army, both officers and soldier', to divide and distract it, especially when their pay is made to depend on their espousing the Raekcal side. If the Cabinet officers refused to give up the de partment buildings and racords, ways enongh could be found to dispose of seven unprotected men. They might, for example, lie summoned to testify before some Committee of Congress and their offices taken possession ol it thev came or themselves imprisoned for conempt if they refused. With Mr. Witnn recognized hy Con gress, andnlieyed by the whole civil service, the odium' of beginning a collision would be thrown upon President Johnson, and it is in order to gain this advantage that Congress will take care of the offices before they begin the impeach ment. We have placed ourselves in the stnnd point of the Radicals and stated what we suppose to be their view, as a means of rebnttjng the incredulity of fair minded men, whose keen cerise of the nbstrntlty of nrrtmpeachmcnt leads them to regard it as impracticable. The absence or insufficiency of evidence. goM for nothing, if tlie court which is to judge of it are predeter mined to convict. ( 11 the moat powerful mo tives whicli cun operate on heated partisans, compel them to impeach the President. Noth ing can restrain them but rigorous arid over whelming popular demonstrations. They care nothing lor the taint protests which have been made. Tsme remonstrances gives them courage, by leading them to think they will encounter no resolute opposition. The Southern Belief Association. So many and such well authenticated ac counts have reached the North of tho terrible destitution now prevailing throughout a wide belt ol the lately n bellious States, that a vigo rous movement has la-en set on foot by a number of ladies in this city to organize a sys tem tor iis prompt and 1 ffcetive relief. No political color whatever is to lie given to this movement. It will have but one Object, tlie saving of them that are ready to perish, and it w ill lie administered in but one srit, the spirit ot thai charily which blesses both them w1k receive and them who give. The ladies are encouraged in their good work by Mayor Hoffman, by thr Catholic Archbish op of New York, by liishop Potter, by Dr. Tyng, and by a number of other eminent lav nien and clergy men. They have taken a central office al Nu. 14 R-ond street, where supplies ot dry goods, clothing, Ac';, may In' daily sent l'rorn Si A. M. to II IV M. Messrs.' Harris, Gaines Si Co., y Whithall Street, will receive For them any more weighty contributions, and Commo (lore Oariisoii has generously offered to furnish a steamer for conveying to the South the help which it must snrclytie impossible that New York will lie slow or niggard in extending to hundreds of thousands of women and children dying withiu our own borders fbr lack ofthe absolute necessaries of lite. A'. I'. Worltl. The Raleigh Standard. ' . We ruler ojr reacjcri, t9 m .article lkh w copy from the Sentinel, showing how the Senior Editor of the Stamford would stand in refer encc to tlie oath prepared hy himself fr his own enfranchisement, should that oath become slaw by Congress. By his own writings, he will lie found as being even behind that time by several months or it you please, ahead of the limit when it is suposeil there were- repentant rebels in the Southern Confecjerncj'. Uoortu linte man ; It Is1 bad that he has so treacherous a memory. Hut then, the programme of the radicals is such now, that if territorialized, even the X. P. G. cannot take aiart in the work of restoration, as no one who signed the ordinance of secession is to be trusted. That gets him, and "settles his hash," for a time and a time' and a half. Read toe article, and see to what 'cttdv som" pKT?te rlll soms at .Iaat,J'rfr. it ., 5 ! 1 1 1. I. .1 f f iu 1